Ruling lets prosecutor stay on judge's exposure case
Ruling lets prosecutor stay on judge's exposure case

By Larry Levy

Published: June 19, 2008

PAWHUSKA — Efforts to disqualify a special prosecutor from handling further felony proceedings against a Tulsa County district judge failed Wednesday.

Osage County District Judge John Kane ruled that Rick Esser, the Washington County district attorney, can continue his prosecution of Tulsa District Judge Jessie Harris on two counts of indecent exposure.

Joel Wohlgemuth, an attorney for Harris, said he would appeal the ruling through the Oklahoma Court of Criminal Appeals. He also said he would seek an expedited review.

Harris was supposed to be arraigned Wednesday, but the proceedings were delayed until Kane is able to talk to attorneys in the case in a July 18 conference call.

Cheryl Cerda and William Drake, two members of Esser's staff, represented him at the hearing Wednesday in Osage County District Court. Esser was absent.

In his ruling, Kane cited 11 allegations made by Harris' attorneys Wohlgemuth and Allen Smallwood, who sought Esser's disqualification.

Kane said an attempt by Esser to contact Harris directly instead of through his attorney was "arguably a lapse in judgment” but not a violation of rules of professional conduct.

Among the other reasons Kane gave for his rulings:

•The preparation of dual affidavits, one more graphic to support felony rather than misdemeanor charges, was a decision by Tulsa police detectives, not Esser.

•Esser's release of the affidavit against Harris to the press "was the result of a misunderstanding.”

•The issue of whether filing two counts — one for each alleged victim — is an "overcharge” can be addressed at a preliminary hearing for the case.