Despite a stay in the civil case against Swadley’s Foggy Bottom Kitchen that had been set to begin this week, several other high-profile legal happenings in the state deserve your attention.
The Oklahoma Tourism and Recreation Department’s civil case against Swadley’s was stayed in October pending the outcome of the criminal fraud case against its officers, which alleges the restaurant overcharged the state for construction costs and other services. The civil trial was supposed to begin Monday.
But never fear: Attorney General Gentner Drummond and State Treasurer Todd Russ seem have their own hot beef, and you can find updates on their conflict, Kingfisher football coach Jeff Myers’ criminal case, and drama with the Pardon and Parole Board below.
With even more legal machinations unfolding on critical cases Monday, this roundup is worth your read.
After hearing, Jeff Myers’ criminal case heads to trial
KINGFISHER — Following a short hearing Dec. 4, the felony child neglect case against former Kingfisher High School football coach Jeff Myers is rushing to a jury trial, likely sometime in 2025.
The case against Myers has seen multiple momentum shifts after a judge initially ruled the prosecution fumbled its attemp to show probable cause existed to charge Myers. A different judge eventually overturned that call.
But Myers went on offense, filing to quash the charge against him Oct. 7 for insufficient evidence. Myers was charged Oct. 17, 2023, with child neglect regarding his leadership of the Kingfisher football team. Prosecutors allege that Myers allowed a culture of abuse and hazing to permeate the team — allegations White denied Dec. 4.
“There is no child neglect in this matter based on the evidence. Judge (Allison) Lafferty got it correct on her ruling. And certainly Coach Myers didn’t willfully or maliciously fail to protect the hundreds of players that have played at Kingfisher [for] years,” White said. “No crime was committed then, now or ever by Coach Myers.”
But Kingfisher County District Court Judge Paul Woodward disagreed, denying the motion without offering a reason. Woodward also attempted to schedule Myers’ trial for May but was unable to do so, owing to another trial White has at that time. Myers is due back in court in February, at which time the parties will likely schedule his trial.
In the meantime, Kingfisher Public Schools is grappling with a massive settlement involving former KHS football player Mason Mecklenburg over the abuse he says he endured while in the program.
On Dec. 2, the KPS board approved an immediate reduction in force to address a budget shortfall the district was facing from its settlement payments. Michael Swisher of the Kingfisher Times & Free Press wrote Dec. 3 that interim superintendent Andy Evans told board members during the meeting he would make the staff cuts to achieve the $2 million reduction in payroll necessary to avoid a budget shortfall.
On Dec. 5, Evans told NonDoc that KPS had “reduced 21 positions in Kingfisher today.”
After resignations, Pardon and Parole Board delays meeting
Citing the recent resignation of two members, the state Pardon and Parole Board has delayed a clemency hearing for Kevin Ray Underwood, who was convicted in 2008 for the first-degree murder of a 10-year-old.
Chairman Edward Konieczny resigned Nov. 6, and Calvin Prince resigned Nov. 29 after replacing Konieczny as chairman.
According to Nolan Clay of The Oklahoman, the Oklahoma State Bureau of Investigation is investigating bribery allegations against Prince owing to sexual messages he sent to a woman seeking a pardon.
Underwood’s clemency hearing had originally been scheduled Dec. 4. After Prince’s resignation, the hearing was cancelled and rescheduled for Dec. 9.
But Monday’s hearing was cancelled at the last minute after Underwood filed a federal petition Dec. 5 asking for an emergency stay of his execution. In his petition, Underwood said he was entitled to a hearing before a five-member board. He also said one of his attorneys and an expert witness were unable to make the Monday hearing. (Stitt appointed Susan Stava to the board Dec. 6., meaning Underwood’s hearing would have occurred in front of only four board members.)
After a Friday hearing, U.S. District Court Judge Charles Goodwin denied Underwood’s motion Sunday. Underwood’s attorneys immediately appealed the denial up to the 10th Circuit Court of Appeals, which has yet to rule on Underwood’s request for an emergency stay of his execution.
Last week, Drummond urged the PPB to act quickly to ensure a clemency hearing can be conducted on schedule.
“[The victim’s] family has already waited 18 agonizing years to see justice served,” Drummond said in a press release. “Adding further delay is needless and unconscionable. Kevin Underwood is a deeply evil monster whose execution absolutely should be carried out without further setback. I urge Gov. Stitt to ensure justice is served at last in this hideous case.”
Supreme Court denies request to disqualify Hiett
On Monday, the Oklahoma Supreme Court unanimously denied a request to disqualify Corporation Commissioner Todd Hiett from voting on cases involving companies with direct knowledge of his alleged criminal conduct.
The justices voted 8-0 to take jurisdiction in the matter — requested by three state lawmakers — but then denied the request for a writ of prohibition against Hiett. Justice Dana Kuehn said the Oklahoma Ethics Commission is “the most appropriate forum for this disqualification request.”
The decision could reinforce concerns that Oklahoma leaders have shrugged their shoulders at allegations Hiett sexually battered a person whose employer is regulated by the Corporation Commission.
“The Ethics Commission has the power to investigate the complaint, gather evidence, hold hearings and give respondent an opportunity to be heard before resolving the ethics claim,” Kuehn wrote in her concurring opinion. “While the constitution and statutes are silent on this court’s ability to disqualify a sitting elected official from a particular case, the ethics rules explicitly provide for it.”
The Supreme Court heard arguments on the request last month from Reps. Tom Gann (R-Inola), Kevin West (R-Moore) and Rick West (R-Heavener). During the hearing, the lawmakers’s attorney said a complaint had been filed with the Ethics Commission.
In his concurring opinion, Justice Douglas L. Combs wrote that the three lawmakers are not parties in the rate cases involving large utilities, with anything they or other ratepayers file at this juncture being considered a public comment.
In a statement, Gann and the Wests said they knew their request “was a legal long shot,” but they were “encouraged by comments in the justices’ opinions” and may file an appeal after Hiett votes on final orders related to the utility cases at issue.
The Supreme Court’s decision comes less than a week after an OCC administrative law judge ruled against Gann, who tried to be heard on similar disqualification arguments on rate cases involving Oklahoma Gas & Electric, Oklahoma Natural Gas and Public Service Company of Oklahoma.
Drummond appeals anti-ESG law ruling, fires again at Russ
Attorney General Gentner Drummond is appealing a permanent injunction against a bill that prevented Oklahoma government entities from contracting with banks that include Wells Fargo, BlackRock, Bank of America and JPMorgan Chase.
Passed in 2022, the state’s “anti-ESG” law prevents government entities in the state from entering into contracts with financial companies that “boycott” the oil and gas industry. HB 2034 became one of many state laws that took aim at investors with environmental, social and governance standards, although several such statutes have since been struck down in court. Oklahoma’s anti-ESG law is one of them, as Oklahoma County District Judge Sheila Stinson issued a permanent injunction against the act in July after the Oklahoma Public Employees Association said more than 60 percent of the state pension system’s $10 billion in assets is held in funds controlled by blacklisted companies.
State Treasurer Todd Russ determines which financial companies violate HB 2034, and his selected counsel was responsible for litigating against former OPEA president Don Keenan, who argued cutting ties with BlackRock would harm his pension. Days after Stinson issued a temporary injunction against the bill, Drummond lambasted Russ and announced he was taking over the case himself.
In a Dec. 3 press release announcing his Oklahoma Supreme Court appeal, Drummond reiterated that criticism.
“There is a great deal of lost ground to make up on this litigation after the treasurer and his hand-picked legal counsel failed in district court,” he said. “I will not let that failure deter my efforts to protect Oklahoma’s oil and gas industry from discriminatory practices by financial entities kowtowing to a radical environmental agenda. My office is committed to a vigorous defense.”
In May, Russ said he wanted Drummond as his representative in the first place.
“When asking the attorney general to take my case, he refused. So, I was left with no other choice but to choose who I was most comfortable representing me,” he stated in a press release. “My constitutional office as the state treasurer makes me party to the lawsuit, and therefore I don’t believe my decision-making authority can be removed. Certainly, I am disappointed with the outcome but have several facts for appeal.”
Danny Seibel answers First National Bank of Lindsay lawsuit
On Nov. 26, Danny Seibel, the former president and CEO of the failed First National Bank of Lindsay, answered a lawsuit filed by the bank’s former majority shareholder, Jack Justice. Seibel admitted some allegations that he mislead bank directors.
“I, Danny, solely took actions that went against my fiduciary responsibilities to the board of directors of the First National Bank of Lindsay, and its customers,” Seibel wrote. “Those actions were wrongly taken out of deep internal fear for my job and position within the community. I truly believed I could eventually correct these actions with minimal loss to the bank. I truly wanted to help the Lindsay community and believed in certain customers, now knowing that belief was a mistake.”
Justice filed the lawsuit Oct. 25 against Seibel and his wife, Debra, alleging that Seibel defrauded him and made misrepresentations about the bank’s status that eventually caused him to lose $10 million when the bank failed this fall.
In his response, Seibel insisted his wife had no part in the alleged fraud and misrepresentations.
“Debra had no knowledge of any of the stated allegations put forth, she had no part in any of the allegations,” Seibel said.
Justice also alleged that Seibel regularly missed work without telling the shareholders. Justice said Seibel frequented casinos and bars with “convicted felons.” In his response, Seibel said his father’s health problems caused him to miss work “once to twice per month.”
“I, Danny, did miss work over the past few years on what could be considered a frequent basis because of this and other personal health factors. I assert I did not go to casinos during those work hours that were missed. The casino was an emotional outlet and entertainment for Debra and I and we did frequent such places,” Seibel wrote. “To the claim of spending time with ‘known felons’ and ‘at bars,’ I would ask the plaintiff for specific persons. Debra and I both would many times when out for dinner or at casinos or other places encounter people who were customers of the bank or friends of acquaintances, the statement of ‘bars’ is misleading, as is ‘known felons,’ and leads to character defamation.”
Although federal officials said the bank’s failure was due to “alleged fraud” no criminal charges have been filed against Seibel.
Drummond responds to Catholic charter school SCOTUS petition
On Dec. 9, Oklahoma Attorney General Gentner Drummond filed his responses to two petitions for writ of certiorari, both of which had asked the U.S. Supreme Court to overturn the Oklahoma Supreme Court’s June decision declaring a potential new Catholic charter school unconstitutional.
“In violation of the Oklahoma Constitution and United States Constitution, the state, through the board, approved the application, executed the sponsorship contract, and unlawfully established the nation’s first religious public school,” Drummond wrote.
After the Statewide Virtual Charter School Board (which was succeeded by the Statewide Charter School Board on July 1) approved a contract with St. Isidore of Seville Catholic Charter School in 2023, Drummond filed a petition with the Oklahoma Supreme Court asking it to force the board to cancel its contract with the potential new charter school. Charter schools are public schools that can be run by private management companies. They may not charge tuition.
If the U.S. Supreme Court eventually steps in and allows St. Isidore to open, it would likely be the nation’s first religious charter school.
Drummond has said a religious organization running a state-funded charter school with religious doctrine amounts to state-sponsored religion. St. Isidore has said it remains a private organization, even though it has a contract with the state. The school says state denial of its application to run a charter school amounts to discrimination on the basis of religion.
The Oklahoma Supreme Court released a decision in June agreeing with Drummond. In October, St. Isidore of Seville Catholic Virtual School filed a petition with the U.S. Supreme Court asking justices to take up the case and overturn the Oklahoma Supreme Court’s decision. Attorneys for the Statewide Charter School Board filed a separate petition the same day.
In his responses to St. Isidore and the SCSB, Drummond asked the U.S. Supreme Court not to take up the case, arguing St. Isidore’s lawyers made arguments in their petition that they did not make before the Oklahoma Supreme Court. Drummond said previous U.S. Supreme Courts have made clear that public schools must be strictly secular.
With the two petitions for writ of certiorari and Drummond’s responses now before the court, the justices will decide whether to take up the cases. Four of the nine justices must agree to grant certiorari.
OCCA reverses evidence suppression ruling
The Oklahoma Court of Criminal Appeals reversed Noble County District Judge Nikki Leach’s order to suppress evidence gathered during a traffic stop in a 5-0 decision announced Dec. 5. The court ruled that evidence collected during “consensual encounters” can be admissible even after traffic stops have legally concluded.
Leach had granted a motion to suppress evidence filed on behalf of Melvin Dean Tannehill, who was charged with conspiracy and drug trafficking in 2019.
Officer Sean Cordova stopped Tannehill and Zachary Jack in the parking lot of the 7 Clans Casino in Perry after Tannehill ran a stop sign and failed to use his turn signal. Tannehill was unable to provide his car insurance, and Jack was found to have an active warrant.
Court of Criminal Appeals Judge Gary Lumpkin wrote the opinion for the majority, and he described a detailed narrative of events from the encounter.
After Cordova arrested Jack and issued Tannehill a ticket, Cordova attempted to administer a sobriety test on Tannehill, but Tannehill informed the officer he had experienced a stroke and could not pass a sobriety test owing to his symptoms. Cordova eventually relented and told him he was free to leave but said Tannehill could not drive, so he sat on the curb.
Five minutes later, Cordova returned to Tannehill to ask if anything illegal had been in the vehicle. Tannehill replied he did not remember. After seven more minutes, another officer arrived with a drug dog, leading to the search of Tannehill’s vehicle.
In their decision, the judges found that the encounter five minutes after Tannehill was told he was free to leave constituted a “consensual encounter” and that evidence gathered during the encounter should be admissible in court.
“Trial judges must realize even though an encounter is initiated by a traffic stop, the time requirements of the traffic stop do not restrict an officer’s ability to investigate based upon his or her observations,” Lumpkin wrote. “These may provide reasonable suspicion to take further action or may lead an officer to engage in a consensual encounter. Courts must look at the entire scope of evidence in making their decision rather than thinking a legal stopwatch controls the entire encounter.”
In another 5-0 decision released Dec. 9, the same court affirmed Texas County District Court Judge Jon K. Parsley’s denial of Luis Jimenez’s request to withdraw his guilty plea for a charge of rape in the first degree. Jimenez entered a plea agreement in January 2023 and was sentenced March 22. On March 30, he filed to withdraw his plea, and Parsley denied the request the next day.
Poultry lawsuit lawsuit hearing to resume Monday
An evidentiary review concerning the state of Oklahoma’s Illinois River watershed pollution lawsuit against poultry industry companies is set to resume Dec. 16.
The hearing in Tulsa’s U.S. Northern District Court of Oklahoma got off to an unexpected start last week when Gov. Kevin Stitt announced he had fired Ken McQueen, his secretary of environment and energy, for attending the hearing.
“I’m disappointed that Ken McQueen would join AG Drummond, former AG Drew Edmondson and environmentalists in opposition to Oklahoma farmers and landowners by appearing at a court hearing today in his capacity as secretary,” Stitt said. “This nearly two-decade-old case is a radical left attempt at backdoor regulation through litigation. I’ve fired him from his position as secretary of energy and environment and director of the Department of Energy effective immediately.”
Edmondson, who filed the state’s lawsuit against poultry companies in 2005, said Stitt’s statement was “both stupid and wrong.” He said McQueen attended Tuesday’s hearing because the secretary of the environment was named as a plaintiff when the lawsuit was filed.
Stitt responded by saying he had been “very clear that we’re not going to side on the side of these environmentalists and these trial attorneys.”
Stitt said McQueen, who, according to a report by Clifton Adcock in The Frontier, had submitted his resignation last month, was not subpoenaed for Tuesday’s hearing.
“For him to show up on the plaintiff’s bench with all those trial attorneys and Drew Edmondson, it was just the last straw,” Stitt said Wednesday.
Edmondson, whom Stitt defeated for governor in 2018, was in North Carolina last Tuesday. As reported by Curtis Killman of the Tulsa World, the first three days of the hearing consisted of testimony on behalf of the state of Oklahoma. On Friday, the first witness was called on behalf of the poultry company defendants.
Testimony in the hearing is scheduled to resume Monday after a one-week break.
UKB and Cherokee law enforcement dispute jurisdiction
On Nov. 22, Cherokee Nation Marshal Shannon Buhl, along with 31 other law enforcement officers with jurisdiction in the Cherokee Nation Reservation, released a letter condemning the United Keetoowah Band of Cherokee Indians in Oklahoma for operating its own law enforcement agency within the area.
The Cherokee law enforcement agents said the UKB’s operation of its own Lighthorse department endangered people living inside Cherokee borders.
“Absent any legal rights or authority, the UKB is running their Lighthorse outside of their jurisdiction,” the officers wrote in the letter. “Their rogue police force’s illegal actions put’s (sic) the public safety of all Oklahomans at risk. The UKB’s Lighthorse possess no legal authority to make traffic stops, investigate crimes, or act as sworn public safety officers on the 7,000-square-mile Cherokee Nation Reservation.”
Headquartered in Tahlequah, the UKB is a federally recognized tribe with historic ties to the Cherokee Nation. The question of whether the UKB has jurisdiction to operate its own police force has exacerbated the fraught relationship between the two nations, which goes back decades.
“Sadly, [the letter] betrays that we are all Cherokee people from one sacred fire, and it is plainly intended to divide us, not unite us,” newly elected UKB Chief Jeff Wacoche said in a video posted to the tribe’s website homepage. “More importantly, the [Cherokee Nation] statements are false.”
