Tahlequah Daily Press

Local News

Discussion

Add a comment on this story
June 13, 2008

Prosecutors appeal Gray case

By BOB GIBBINS

TAHLEQUAH DAILY PRESS — OKLAHOMA CITY – Prosecutors are appealing a judge’s decision last week to dismiss embezzlement charges against former District Attorney Richard Gray.

Assistant Attorneys General Joel-lyn McCormick and Charles Rogers filed a notice of intent to appeal the decision to the Court of Criminal Appeals.

District Judge H. Michael Claver dismissed a single embezzlement count with prejudice, meaning the charge can’t be refiled. The judge’s decision, which came in the middle of Gray’s trial last week in Okmulgee, cited serious problems with chain of custody and stated prosecutors had failed to meet their burden of proof.

Claver’s decision prevented a jury from deliberating the case. He told the panel it was the first time in his 13 years as a judge he has taken a case from a jury. He said he saw no need to allow the case to continue, only to have the jury reach the same conclusion.

The attorney general’s office filed paperwork Thursday designating several items as part of the appeal record, including the transcript of the preliminary hearing before Associate District Judge David Martin; Gray’s motion to dismiss the charge for insufficient evidence; and the order denying the motion to dismiss.

The designation lists copies of motions filed by the AG’s office seeking to limit certain testimony; transcripts of motion hearings; and a copy of Gray’s request to dismiss the charges presented at the trial and the hearing held in connection with that request. It also includes a copy of the transcript of the three days of trial.

The documents filed Thursday start the process in the Court of Criminal Appeals.

Text Only
Local News
  • New TPS map for zoning unveiled

    Big changes are in store for some Tahlequah Public Schools elementary students next August, but families found out Thursday night the shuffling may not be as drastic as they expected.

    February 10, 2012

  • Board mulls school plan for expansion

    Hulbert Public Schools representatives discussed the district’s proposed facility expansion with the Hulbert Town Council during their meeting Thursday night.

    February 10, 2012

  • Area residents getting tax season help

    When the calendar year turns over, people across the country begin gathering their W-2s, receipts and sharpen their pencils to prepare their taxes, hoping at best for a refund, and at worst, only a small bill to pay to Uncle Sam.

    February 10, 2012

  • TPS zone proposal.jpg TPS releases proposed zoning map

    Take a look at the proposed zoning map presented to Tahlequah Public Schools parents, students and staff Thursday night.

    February 9, 2012 1 Photo

  • ts library crafts.tif From the heart

    As children, people often learn about making valentines in school. All you needed to impress that special girl or boy was some glue, scissors, paper doilies and red construction paper.

    February 9, 2012 1 Photo

  • ra New Business.tif More new businesses open doors

    The Tahlequah area market continues to grow, with several new businesses recently opening doors to customers.

    February 9, 2012 1 Photo

  • Three held in Stilwell murder

    Three Stilwell men were being held in the Adair County Jail Wednesday on an accusation of first-degree murder.

    February 9, 2012

  • Man charged in drive-by shooting

    Authorities on Wednesday issued an arrest warrant for a Hulbert man accused of committing a drive-by shooting at a school board member’s home.

    February 9, 2012

  • Report filed in officer-involved shooting case

    The District Attorney’s Office on Wednesday received an Oklahoma State Bureau of Investigation report into a Feb. 2 officer-involved shooting.

    February 9, 2012

  • ra food coop 1.tif Buy local, buy fresh

    The Oklahoma Food Cooperative took roots earlier this century and is growing stronger, expanding its reach across the state.

    February 8, 2012 1 Photo

Poll

Tax-filing season is upon us. Which best describes your course of action?

I will do my own taxes manually (without computer software).
I will do my own taxes using a computer software program.
I will do much of my own taxes, but I will get help from an expert or through a free service.
I will pay someone else to do my taxes.
I won't be filing taxes this year.
     View Results
Press Sports Twitter Updates
Follow us on twitter
Follow me on Twitter
AP Video
Pop Music Superstar Whitney Houston Dies at 48 Police: Houston Found Dead in Her Hotel Room Paul Suffers Narrow Loss to Romney in Maine Recording Superstar Whitney Houston Dead at 48 Maine GOP Chairman Says Romney Wins Caucuses Palin Brings Anti-Washington Message to CPAC Obama Scraps Birth Control Mandate US Airmen's Killer Sentenced to Life in Germany Navy Names Ship for Gabrielle Giffords Raw Video: Deadly Blasts in Syria Romney Slams President Obama at CPAC Gingrich: Pres. Obama 'waging War on Religion' 5 Killed in Wrong-way Crash on I-10 in La. Uzbek Man Pleads Guilty in Plot to Kill Obama Denver's Largest-Ever Drug Bust Nets Dozens Marines: No Punishment for Nazi-like Flag Vets Look to Translate Military Skills Into Jobs Raw Video: School Bus Burst Into Flames LA School Reopens Amid Sex Abuse Scandal $25B Settlement Reached Over Foreclosure Abuses
Stocks
Bedlam