TULSA -- Tulsa’s chief public defender is firing back in defense of a Tulsa judge.
“This is one of those instances where I believe he (District Attorney) made a very serious error," said Tulsa County Chief Public Defender Robert Nigh.
The move comes after the District Attorney’s comments about the judge setting a man free who’s now accused of killing another man two months later.
“If they were going to complain they needed to complain at the time of the sentencing. Not now," Nigh said.
This week, police arrested Latwon Goff after witnesses say he robbed a Tulsa donut shop at gunpoint.
After looking into his past it was discovered that he was guilty of other crimes in Tulsa, but was already tried in court.
The DA said a Tulsa judge freed Goff and expunged his record after he successfully completed a youthful defender program.
“He was very successful, he became involved in programs, enrolled in college, made very good grades," Nigh said.
When asked why the man was released, the DA stated, “He should have never returned to the streets in the first place."
Chief Public Defender Robert Nigh said his comments vilified Goff to the highest extent.
But District Attorney Kunzweiler said his opinions on the case were made clear long before the decision was made, and anyone could look up the case in public records.
“When someone’s asking me well how did this happen, all I can do is point to the record, and that’s what I did,” said District Attorney Steve Kunzweiler.
Nigh showed 2 Works for You the original transcript from the day of sentencing when Judge Sharon Holmes told Goff "Don't let me or any other judge ever see you back in court again."
He pointed out that there was no object from the District Attorney's Office.
“All I can read from that transcript is the judge had made up her mind as what she was going to do, but my office made its position clear to the court before that decision was made," said Kunzweiler.
Adding the public defender was present during conversations in chambers when his office made their position clear.
"It undermines the presumption of innocence, it puts a judge in an impossible position," Nigh said about the comments. “If they [judges] are subject to crucifixion in the media because of a defense decision it makes it very difficult for them to be fair and balanced.”
Kunzweiler said sentencing wasn't the time to object if the judge had already ruled.
“I certainly have the right to an opinion as to whether a dismissal in that case was appropriate or not," he said.
Emphasizing that he's not commenting on any current legal proceedings or potential charges, and acknowledges Goff is innocent until proven otherwise in his recent alleged crimes.
He said he respects the Judge’s decision and blames the office that made the recommendation to free Goff.
Judge Sharon Holmes' Office had no comment.
Here is the full transcript of what District Attorney Kunzweiler said about Goff's previous case to the media.
"I am grateful for the hard work of the Tulsa Police Department in getting Mr. Goff off the streets. However, it is my opinion that he should never have returned to the streets in the first place. The violent trail of crime he began as a youthful offender in August, 2014 should have resulted in his placement in the custody of the Oklahoma Department of Corrections. While Oklahoma’s Youthful Offender statutes were created in part, to consider the amenability of rehabilitation for certain youthful offenders, they were also created “to better ensure the public safety by holding youths accountable for the commission of serious crimes”.
Mr. Goff was released from supervision for his Tulsa area crimes based upon the recommendation of the Office of Juvenile Affairs. OJA’s report to the court stated that “although Latwon’s Youthful Offender crimes were serious indeed, he has taken full advantage of all treatment opportunities available, his mother has been supportive of him throughout the process, and he seems to be ready for case closure at this time.” First, the fact that he committed “crimes” as in plural, several, many, etc., should have been a prime indicator that he was an extreme risk of reoffending. Second, I am more than confident that any mother would be “supportive” of their child in just about any circumstance. Third, I have never met an offender who wants their case to remain open – offenders want it over and done with as soon as possible. What is more important to me is not how Mr. Goff Felt, but the effect Mr. Goff’s crimes had on each one of the victims, and whether the 1 year and 10 months he spent in the custody of the Office of Juvenile Affairs could ever have meaningfully rehabilitated him. We are now seeing that the hopes of treatment providers have apparently fallen woefully short of their goal.
I have the benefit of being a prosecutor who endured the days when all that the State of Oklahoma had was a juvenile court system and an adult court system. Violent offenders in the age range of Mr. Goff had virtually no accountability in the juvenile system. Oklahoma’s Youthful Offender statutes were in response to the public outcry for more accountability. The safety and security of the public is at the forefront of my office’s efforts on a daily basis. We will continue to advocate in our courts that violent offenders need to be held fully responsible for the crimes they commit – even if they are “youthful offenders”. Our only hope is that the courts, the treatment providers, and the case managers listen to and heed our warnings when it comes to rendering judgment on a documented violent offender.
Mr. Goff is accused of new violent offenses in Tulsa County and in the State of Texas. He, like every charged individual enjoys the presumption of innocence until a judge or a jury determines otherwise."
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