Prosecutor Misconduct No. 1681233671 - 345676619

Scott Pruitt
313 NE 21st Street
Oklahoma City, Oklahoma 73105

Date of Offense

September 15, 2015

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Supporting Document(s)

Statement

The Oklahoma Attorney General's Office under former AG Scott Pruitt and AAG Jennifer Miller Opposed Glossip’s Motion in 2015 for Sneed’s Medical Records.

It should be noted that in 2015, Glossip’s defense counsel submitted a motion as part of post‐conviction relief efforts asking for Justin Sneed’s medical records. See Glossip v. State, Petitioner’s Motion for Discovery, Case No. PCD‐2015‐820, at p. 2, para. 2, Filed September 2015 requesting:

“Sneed’s jail medical records upon his arrest are needed to explore and document his mental condition near the time of the offense and his interrogation.”

Pruitt and Miller opposed, asserting it was:

“nothing more than a fishing expedition.”

See: Glossip v. State, State’s Response to Petitioner’s Successive Application for Post‐Conviction Review, Emergency Request for Stay of Execution, Motion for Discovery, and Motion for Evidentiary Hearing,” Case No. PCD‐2015‐820, Filed September 16, 2015, at p. 43.

Browning v. Trammell, 717 F.3d 1092, 1101 (10th Cir. 2013) Held that:

“the OCCA's determination that the sealed material contained nothing favorable to Browning was an unreasonable application of Supreme Court law to the facts of this case… This evidence is clearly both favorable impeachment and exculpatory evidence.”) the Tenth Circuit held that for Brady purposes, a prosecution's indispensable witness's mental health records were “material” to the defense in a capital murder trial. The U.S. Supreme Court has instructed that when the “reliability of a given witness may well be determinative of guilt or innocence,”

Two years after the OCCA precedent in Browning; Pruitt & Miller knowingly & willingly ignored their constitutional obligations to disclose evidence affecting credibility pursuant to Giglio v. United States, 405 U.S. 150, 153‐54 (U.S. Supreme Court, 1972).

See Also: John O'ConnorJennifer Miller, Hon. Robert Hudson, Robert H. Macy, Wes Lane, Fern L. Smith, Connie Smothermon, Gary Ackley, David Prater, Pattye High

Definition of Offense(s)

Evidence that is favorable to the defendant (exculpatory) and could impact the outcome of the defendant’s case (material) is often called “Brady material” because of the seminal 1963 U.S. Supreme Court case, Brady v. Maryland.