Prosecutor Miconduct No. 1661455195 - 405958008

Fern L Smith
414 West Main Street
Tishomingo, Oklahoma 73460

Date of Offense

December 10, 2018

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Supporting Document(s)


Fern Smith was the prosecutor at trial for defendant Joses Ric-E Beck, Johnston County case # CF-2017-00023. ADA Smith overcharged the defendant, in violation of Oklahoma Constitution article 2 sec 21. Three counts were charged for a single act/transaction. The state did not argue that any separate action justified the individual counts. See pgs 8-9 of the attached Brief of Appellant filed in OCCA case # F-2019-115. ADA Smith failed to provide "Burks notice" to the defendant prior to trial (see pgs 17-18) then proceeded to emphasize, in her closing arguments, statements defendant made about prior substance abuse to the jury, although defendant was not charged with any drug related offenses, prejudicing the jury. The defendant's conviction was vacated by the OCCA on grounds of jurisdiction due to the McGirt ruling, without addressing the other propositions of error, causing the Rule 3.8: Special Responsibilities of a Prosecutor violations of Assistant District Attorney Fern Smith to go unaddressed.