ARAPAHO -- Former Custer County Sheriff Mike Burgess was ordered Wednesday to stand trial on 35 felony counts after two days of lurid preliminary hearing testimony about alleged sexual abuses involving female inmates and drug court participants.
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Burgess, 56, faces charges ranging from forcible oral sodomy to rape. He is scheduled to be arraigned Aug. 25.
“We expected this,” said defense attorney Steve Huddleston of Oklahoma City. “But just because someone says something doesn't make it true. These witnesses will now be placed under the scrutiny of a jury, and we're anxious to go to trial.
”We have a lot of evidence.“
Special prosecutor Mike Boring and his assistant, Jim Swartz, met their burden of proof with seven witnesses, including five alleged victims who wept often during questioning.
Witness claims threats
Witness Joy Leigh Mason of Weatherford dominated Wednesday's proceedings with more than three hours of testimony. Mason said Burgess pressured her into repeated sexual liaisons under the threat she would be ousted from the Washita-Custer County Drug Court program if she didn't comply with his demands.
At the time, Burgess served as chairman of the drug court panel that determines whether to recommend removal from the program to the presiding judge.
Mason claimed Burgess used his authority to curry sexual favors over a 14-month period during 2006 and 2007 -- encounters that allegedly took place at her house, hotels, the sheriff's truck behind gas stations, and even in the sheriff's home while his wife was at work.
Burgess first made his demands clear one night in February 2006 when he called Mason's home from an Oklahoma City hotel, Mason testified.
”He told me to get in the car and drive to the city,“ Mason said. ”I told him, ‘I'm in bed. I'm tired. No.’ I told him, ‘I can't come. I won't come.’ Then I hung up the phone.“
But Mason said Burgess called two more times within minutes.
”Finally, he got mad,“ Mason testified. ”He said, ‘If you don't come meet me, I can get you kicked out of drug court and you won't see your kids again until they're grown.’ So I got dressed and drove to the city.“
”Did you think he (Burgess) had the authority to kick you off drug court?“ prosecutor Jim Swartz asked.
”Absolutely,“ Mason replied.
Mason then testified to having sex with Burgess twice in his hotel room before returning to Weatherford early the next morning.
Two months later, Mason claimed Burgess again demanded sex while they were on an overnight trip to Oklahoma City with a group to lobby state legislators for drug court funding. This time, Burgess allegedly ordered her to his room while others in the group prepared to go out.
”I told him I wanted to go out with everyone else, but he said I had to go to his room,“ Mason said. ”I had to go to his room to have sex with him.“
Mason testified to several sex acts over an eight-hour period.
”Why did you allow him to perform these acts?“ Swartz asked.
Without hesitation, Mason replied, ”Because I didn't want to go to prison.“
'He said I owed him'
Earlier in the morning, former Custer County inmate Melissa Espinoza testified how Burgess made a similar threat with her after he helped her enter drug court. Burgess allegedly said, ”You owe me.“
Months later, she said Burgess appeared at Espinosa's Clinton home late at night unannounced.
”He said I owed him for getting me into drug court, and now it was time to pay up,“ said a tearful Espinosa. ”I knew what he meant.“
Espinosa said Burgess ordered her into his sheriff's truck, drove her to a rural location east of town, and forced her to perform oral sex.
