An attorney is accused of smuggling a sex toy into Oklahoma County jail and duping an inmate into performing sex acts with it, supposedly in exchange for his legal fees.
Sheriff John Whetsel said this went on for three months before the woman realized he wasn’t actually her attorney.
The woman agreed to participate in a sting, and Frank Kirk, 70, of Oklahoma City, was arrested Monday in a visitation room at the jail with the woman present. The sheriff’s office withheld her name.
Kirk was contacted to become the woman’s attorney in January but never became her attorney of record, Whetsel said. From her initial court appearance on drug charges, she was represented by the Oklahoma County public defender’s office and it’s not clear why she thought he was her lawyer.
Over the course of three months and six documented visits at the jail, the woman told investigators Kirk coerced her to masturbate in front of him, expose her breasts and touch his penis, according to court documents.
The woman learned Kirk was not her attorney this past week after a visit with her actual attorney from the public defender’s office.
As part of the sting, sheriff’s investigators recorded audio of Kirk making sexual advances toward the woman in a visitation room.
Investigators arrested Kirk, with contraband items including a cellphone and the sex toy, which was in his laptop case, according to court documents.
Kirk is accused of five misdemeanor complaints of offering to engage in acts of lewdness and one felony complaint of possessing a cellphone in a penal institution.
He was booked into the jail and released Tuesday on $10,000 bail.
Whetsel said the sheriff’s office will consider tighter restrictions on attorney-inmate meetings at the jail.
As of now, there is no process for verifying whether an attorney is representing the inmate they are visiting, Whetsel said. He said not all attorneys who visit inmates are attorneys of record. Often, attorneys visit with inmates before they are officially hired.
“We’re looking at how we can establish some bar to verify that either the inmate is considering (the attorney) for representation or they are the attorney of record,” Whetsel said.
Attorneys’ belongings are not checked before entering visitation rooms.
“We expect attorneys, as officers of the court, to obey the rules of the court and the rules of visitation,” Whetsel said. “This attorney opted not to.”
Whetsel said that in addition to criminal charges, the sheriff’s office plans to file a complaint against Kirk with the Oklahoma Bar Association.
Kirk did not return multiple calls to his office.