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.
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Arraignment is delayed
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.
What was reasoning?
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.
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