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February 24, 2013

Post rules for Singer, questions DA

Salesha Wilken Staff Reporter

CLAREMORE — Judge Dynda Post granted two motions to intervene Friday for the City of Claremore and Detective John Singer concerning an alleged Giglio issue. 

Singer, individually, and the City of Claremore were granted their motions to intervene, opening the door for further litigation on the matter.
Post said she could not make a ruling on the Giglio issue involving the Claremore Police Detective.
“I can not find any authority for my court today, to make a determination of Giglio at the request of the interveners [John Singer and the city of Claremore],” Post said.
The request would need to be made by the defendant, the State [District Attorney Janice Steidley’s Office] or a direct party to the case, she added.
“It is important that justice be done, even for their [the State’s] own witnesses,” Post said.
Post questioned the method in which the Giglio issue had been presented.
“Aren’t you saying that the DA’s office made a determination of credibility issues of this officer,” Post said. “Are you saying that sometimes it is a credibility issue and sometime there is not.”
“That is a trick question,” Assistant District Attorney Tim Wantland said.
“Was there a judicial finding,” Post asked.
Wantland said, “No.”
The entire DA’s office received a packet of information concerning the Giglio issue and Singer, according to Wantland.  Each attorney made an independent determination, he added.
Wantland spoke on behalf of the DA’s office, Steidley and First Assistant Bryce Lair were not present at the hearing.
Wantland presented the argument that requesting Post to make a determination on the Giglio material created a conflict directly impacting the separation of powers.
However, the DA’s office had requested, a Giglio determination be made by Judge Terrell Crosson just two months ago.
“I was very disturbed to learn that Judge Terrell Crosson was asked to make a Giglio determination by this District Attorney’s Office and dismayed that it was absent from the State’s brief,” Post said. “In my opinion, it should have been in there, but it was not. I do not know by what authority the State asked for that to occur.”
Despite the previous request made to Crosson involving a different officer, the DA did not request a judicial determination in Singer’s case.
“If the prosecution had simply disclosed these materials, we would not be here today,” Post said.
The DA’s office should have disclosed this Giglio issue to the officer, she added.
“I think that it is important to observe at this point in time the Giglio case is about prosecutorial misconduct, not law enforcement misconduct,” Post said. 
The court ordered that the materials be provided to Singer and the City of Claremore.
Post questioned Wantland about the methods that were used to release the information about Singer.
The response was limited.

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