“Here's the thing. That grand jury is over with. That means that the prohibition against a witness talking about what he knows is no longer in effect,” he said, referring to a 1990 U.S. Supreme Court opinion.
Before disbanding last year, the 13th multicounty grand jury itself revealed in a 25-page report that it had investigated Prater's victory party. Grand jurors cleared Prater of wrongdoing.
It also revealed in a perjury indictment against a restaurant owner that Gerhart was a witness before the grand jury.
In his blackmail case, Gerhart is accused of promising in an email to make a state senator a laughing stock unless legislation passed. Gerhart admits he sent the email March 26 to Sen. Cliff Branan, R-Oklahoma City. Gerhart contends the email is constitutionally protected free speech.
Misspelling one word, Gerhart wrote: “Get that bill heard or I will make sure you regret not doing it. I will make you the laughing stock of the Senate if I don't hear that this bill will be heard and passed. We will dig into your past, yoru family, your associates and once we start on you there will be no end to it. This is a promise.”