Tahlequah Daily Press

Local News

January 16, 2012

Law enforcement probed

TAHLEQUAH — In its final report late Thursday, a Cherokee County grand jury addressed accusations involving three local law enforcement agencies, while calling for changes to a system that has failed to punish repeat felony offenders.

The panel received information that Tahlequah Police Chief Clay Mahaney had allegedly failed to complete the training required to hold his position. Members of the panel said they learned Mahaney, who was mentioned only by title in the report, had completed the training within the time frame allowed, but that data had not been entered into a state database.

The grand jury also investigated charges that a Cherokee County sheriff’s deputy had knowingly harbored a fugitive, but the panel said that allegation had no merit. Neither the deputy nor the alleged fugitive were named in the document.

The panel was asked to review the status of a previous Oklahoma State Bureau of Investigation case into allegations that a Hulbert Police Department employee worked and received pay at other jobs while performing his duties for the police department. The employee’s name was not revealed. According to the report, the grand jury learned an OSBI report was compiled and provided to the state Attorney General’s Office in 2005.

“The statute of limitations for any possible charges resulting from that investigation has since expired,” the report said.

Jury members also took issue with the number of local convicted felons who have lengthy criminal histories, seemingly without paying for their crimes.

“The grand jury has been appalled by the numerous witnesses that have testified before the grand jury who have extensive criminal histories,” the final report reads. “As members of the Cherokee County community, it is extremely worrisome that some of the witnesses before the grand jury have committed in excess of 20 felonies and have not received appropriate punishments for this behavior. ... We hope, in the future, that those with multiple felony convictions are punished more harshly, and that those repeat criminal offenders will be sent to prison.”

Witnesses introduced the grand jury to a culture of drugs and its prevalence in the county, the report said.

“We are extremely surprised by how easily drugs such as methamphetamine are attained or manufactured,” the report said. “We were further surprised by how easily drug manufacturers, abusers, and dealers have gotten out of trouble in the past by taking probation deals or entering into different drug rehabilitation programs. We hope that, in the future, those that use, manufacture, and deal in illegal drugs and methamphetamine will be dealt with severely by local law enforcement, the district attorney, and by the courts.”

Members of the grand jury expressed support for District Attorney Brian Kuester and his office, and said they believe he will work to meet the needs of the county and protect citizens from criminals. During its first day of service, the grand jury visited both the Tahlequah City Jail and Cherokee County Detention Center. In the final report, members said the city jail is “fairly clean and well-operated,” but in need of paint. Discussion with jail personnel revealed funding isn’t available to cover the cost of painting, so grand jury members recommended funds be allocated for that project soon.

CCDC was also described as being clean and well-operated. Issues with the security system that resulted in periodic disruption of the surveillance were reported by the facility’s officials. Members of the grand jury suggested that issue be corrected in a timely manner.

According to the report, the estimated cost of the grand jury was $15,000, including nearly $10,000 paid to jurors, more than $2,000 paid to the DA’s office, and more than $3,000 paid in sheriff’s fees.

The last Cherokee County grand jury was empaneled in 2005.

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