OKC attorney convicted of suborning perjury during '08 drug trial

Mark Anthony Clayborne, 48, of Oklahoma City, was found guilty of guilty of perjury by subornation and preparing a false exhibit. Oklahoma County jurors chose a punishment of four years in prison on one count and two years in prison and a $1,000 fine on the other.
BY NOLAN CLAY nclay@opubco.com Published: April 14, 2011
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An Oklahoma City criminal defense attorney was convicted Wednesday of intentionally letting a witness lie during a 2008 drug trafficking trial.

An Oklahoma County jury found Mark Anthony Clayborne, 48, guilty of perjury by subornation and preparing a false exhibit.

Jurors chose a punishment of four years in prison on one count and two years in prison and a $1,000 fine on the other. Formal sentencing was set for June.

Clayborne represented Jose Cruz Herrera at a jury trial in February 2008. Herrera was convicted at the trial of drug trafficking, conspiracy and cocaine possession. He is serving 102 years in prison.

Prosecutors alleged Clayborne had a witness lie in a failed effort to give Herrera an alibi for the day of a 2007 drug deal. The witness testified at the drug trial that she was with Herrera in Mexico on that day and had videotaped him there.

Prosecutors said Clayborne had her testify even though she told him “straight to his face” beforehand that she did not shoot the video and was afraid she would get into trouble if she testified she had done so.

The videotape actually was shot in 2005 but it had been altered to reflect a date in 2007.

Prosecutors alleged Clayborne put into evidence a shortened version of the altered videotape, knowing the date on it was false.

Clayborne's attorneys contended he did not know the videotape had been altered and did not know the witness was lying.


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