Oklahoma County D.A. David Prater Shielded by A.G. Mike Hunter
Oklahoma Attorney General Mike Hunter was quick to jump to Oklahoma County D.A. David Prater's defense when the state claim came out against Prater by a former investigator alleging that Prater used his office to pursue political goals and persecutions.
Below is the letter that was sent to the A.G. office in response to their response to the state claim:
November 4, 2019 Mary Ann Roberts, Chief Deputy Office of the Attorney General 313 NE 21st Street Oklahoma City, OK 73105 F: (405) 521-6246
Re: Response to your letter of November 4, 2019
Dear Ms. Roberts, Thank you very much for your letter. I greatly appreciate your time and consideration in your response; however, I am very troubled by certain parts in that that are not completely accurate. I feel that you were a bit vague in some areas that portrayed the multi-county grand jury process with more oversight that it actually has. In addition, I do need to address two matters in your letter.
Request of D.A. Allan Grubb to Investigate Kris Steele
First, the letter I sent on Friday, November 1, 2019, was sent in good faith due to three separate and independent sources stated the same to me. After sending it, I was notified that you spoke directly with D.A. Grubb in which you only asked if D.A. Prater asked him to do any investigation into Mr. Steele, to which he stated no. My understanding now is that D.A. Prater, who actually conducted an investigation, was present when two other District Attorneys (whom I will not name in this letter) actually asked this of D.A. Grubb at the secretive Oklahoma District Attorney’s Association (ODAA) meeting. While it appears that I was not fully correct on D.A. Prater making the personal request, the request was in fact made. My understanding is that if D.A. Alan Grubb is asked this question directly, he will answer it honestly.
While it is greatly concerning that it appears that District Attorney’s Association as a whole would want to target Mr. Steele, it does not detract from the fact that D.A. David Prater actually did so, without any “open file,” without any outside investigative agency, without probable cause or any apparent reasonable suspicion conduct a unilateral investigation into an criminal justice reform organization, the ACLU and more specifically Kris Steele, whom he personally opposed.
MCGJ Subpoenas
I am very familiar with the subpoena process; however, your letter is grossly misleading in that you are attempting to portray that these subpoenas were presented to a judge where he or she was told D.A. Prater was investigating Oklahomans for Criminal Justice Reform, Kris Steele, and the ACLU, and it was authorized. That never happened. Most notably, your letter does not address the shocking fact that there was neither the required probable cause, much less reasonable suspicion, for D.A. David Prater to conduct a private investigation.The subpoenas in question were not submitted to any judge for any probable cause finding. A subpoena stating it is being issued to Paycom (after the Paycom General Counsel rightfully refused to turn over records without a subpoena) for records does not alert any judge as to the nature, the target, or if there is even probable cause for an investigation. Again, a search warrant subpoena with an affidavit would provide the same results.The system that we do have demonstrates that there is simply no process for oversight by the Attorney General’s Office over its subpoenas. A phone call is made, a form is filled out, the subpoena is sent to the DA, and that is the last that is really heard until it is listed in a report. Your office was given no insight of Mr. Prater’s personal and unilateral investigations – and there is no way to ensure that a rogue and abusive prosecutor is kept in check. That is not a reflection of your office – it is simply evidence of a broken system. Ironically, one perfect for criminal justice reform. Assuming anyone is willing to work on it anymore.
Matters Unaddressed
It was hope, without going into every instance of abuse, that your office would use this as an opportunity to address an abusive district attorney. This is not the only instance in which Mr. Prater has abused his power. For example, if you are not aware of the pending matter of Brewer v. City of Oklahoma City, 5:18-cv-1017 in the Western District of Oklahoma, and how it is not only consistent with this matter – but how it both cases are about to intersect – it is worth your time and investigation. A case in which two police officers told David Prater there was no probable cause to charge the case, but he did anyway. DA Prater sat in the meeting and looked at pictures of Mr. Brewer’s tattoo’s and said “Fuck him. Charge him anyway” or words to that effect. It was dismissed after a preliminary hearing. Prater not being satisfied, charged him with a misdemeanor. Brewer was acquitted at a jury trial and he is now suing in federal court.
I was anticipating a more formal review that would have demonstrated, among other things, that in State v. French, CF-2017-5916, in the case file, is an email to D.A. Prater from an Oklahoma County judge asking him to “find some charges” on Mr. French because he was behind in court costs in other cases. This should also be in D.A. Prater’s email as well.
Evidence Room ConcernsYou took the time to note I was a former prosecutor, you are correct. Federal, state, and military. I am very familiar with evidence rooms and the importance of their integrity. Even more so with my client, a former Secret Service Agent and police officer. I have never seen or heard of a prosecutor’s office anywhere maintaining its own evidence room. I understand having a small one for short-time or emergency uses, but one that is full time compromises a case and calls into great question the chain-of-custody and whether the evidence has been otherwise compromised. There is no evidence room custodian, different rooms are used, ADAs stored some evidence in their personal offices, there are no evidence logs, there are multiple keys to the evidence room, etc. etc. This was all mentioned in my state claim, as provided to your office, to alert you so that law enforcement agencies could possibly react to protect their case work. This is not a trivial matter.
Tax Concerns of Judge Coleman’s Charges
I appreciate you note that you forwarded my tax concerns in 2016, however I did not speak with your office in 2016 – thus I think that must be an error. It light of the concerns raised by D.A. Prater’s decision to investigate based on disagreement, Judge Kendra Coleman’s felony tax charges after she refused to recuse from his case was not coincidental. The fact that some of her work product was taken from her office and is in Mr. Prater’s possession – and that her former bailiff works for her – should also be noted. My letter, addressed to D.A. Prater and copied to you, should be given the same type of consideration as that First Assistant Jimmy Harmon, who hypocritically signed Judge Coleman’s tax charges, should be scrutinized as equally – and the statute of limitations has not run. If you forwarded anything to the Tax Commission, that may be fine – but that office did not seek the prosecution of Judge Kendra Coleman. My point being is that fair is fair and the analogous handling of her case (in which I have no involvement, have never appeared before Judge Coleman, and do not know her at all) and of my client’s was striking.
Cease and Desist Letter I do hope there will be no further harassment, direct or indirect, of my client. The use of law enforcement resources – in a civil matter – is something that should concern your office. This is not only inappropriate, but it violates the conditions of its use and possible federal grants.
Conclusion
I contacted your office because there is no doubt that D.A. David Prater misused your multi-county grand jury subpoenas. The system in place has no way to track, to follow up, or to do any checks or balances on an abuse of prosecutorial abuses. Asking your office to review and audit his subpoenas was logical, and one that the public would want. I contacted your office because there is no other option for the residents of Oklahoma County. There is no other option for anyone who David Prater may go after. Your letter, respectfully proverbially, simply “does not answer the mail.”Gifford law, P.L.L.C./S/ Bobby Don GiffordROBERT D. GIFFORD, II Attorney and FounderCc: Carrie Blumert, Oklahoma County Commissioner Kelvin Calvey, Oklahoma County Commissioner Brian Maughan, Oklahoma County Commissioner
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| DA David Prater -Okla. County |
It is indeed concerning that the D.A. That had been asked to investigate the political enemy was asked about at a meeting of the D.A. Council instead of being asked in private. Everyone knows the D.A. Council will protect their own and punish any D.A. that dared cooperate. And I was told last week that a D.A. office always requires an investigating agency to file a request for charges, not that the prosecutor's office simply goes on fishing expeditions, and it was a prosecutor that told me this.
And the same with the multi-county grand jury subpoenas, the judge wasn't told it was a fishing expedition outside the normal grand jury. A subpoena usually does require some sort of reasonable suspicion or probable cause before a judge will issue.
As for the matters unresolved, there is a long list of political investigations and harassment by Prater, Randy Terrill, Gus Blackwell, Chad Alexander, Found Holland, Hoffmeister and the teacher union officials, the Pardon and Parole board, TW Shannon and the others in that alleged dark money investigation that died off after the primary election was done.
And the evidence rooms kept at Prater's offices, it has been well known for over a decade that Prater liked to dig up dirt on political figures and consultants to build dossiers on others for political pressure or for justifying digging into top tier politicians. Chad Alexander was an excellent case, followed by cops paying off favors to Prater till they caught Alexander after meeting a known drug seller, with the drug seller going off unmolested and Alexander squeezed for his phone and laptop to dig into call logs and text messages to charge Fount Holland and the others. No, Prater doesn't want any stinking evidence logs or controls, he wants blackmail materials and he wants everyone to know what he has on them.
And Judge Coleman's tax prosecution, Coleman joined a long list of Oklahoma County judges that were investigated or harassed for not obeying Prater. Judge Tammy Bass Lesure was one, prosecuted on charges involving a foster kid simply because she had agreed to televise the Randy Terrill court case. The second judge was said to have been brought to heel by threatening to file a judicial complaint after she was caught having an affair with a defense attorney with cases before her court.
Prosecutors like having unchecked power and they are the only state officer that cannot be deposed through ordinary processes. This has led to monsters like David Prater and will end only when the legislature enacts real controls upon rogue prosecutors and pass legislation that will allow their impeachment and investigation outside the inbred and insular A.G. office.
