Prosecutor Misconduct No. 1681252179 - 935758292

Jennifer Miller
313 NE 21st Street
Oklahoma City, Oklahoma 73105

Date of Offense

August 1, 2022

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 John O'Conner Bar # 6741 exercised dominion and control over boxes 1-7 of evidence and discovery in the Richard Glossip Case between August of 2022 and January of 2023.

Lockett Email - Page 3 of the 5th Supplemental Report - Reed Smith
Lockett Email - Page 3 of the 5th Supplemental Report - Reed Smith

Lockett Email - Page 3 of the 5th Supplemental Report - Reed Smith

"Box 8" was created by the Attorney General’s Office at the direction of John O’Connor. "Box 8" contained 2200 previously withheld documents removed from boxes 1‐7 of the Oklahoma County District Attorney’s Office, over which the AG’s Office was asserting work product and other privileges.

The withheld information in "Box 8" relates to evidence presented at the guilt phase of Richard Glossip’s 2004 retrial. The jury did not receive all of the information available at the time due to the State withholding evidence.

The U.S. Supreme Court has observed in Berger v. United States, that in circumstances where the evidence of guilt is not “overwhelming” the “prejudice to the cause of the accused is so highly probable that we are not justified in assuming its nonexistence.” Berger v. United States, 295 U.S. 78, 89 (U.S. Supreme Court, 1935).

While a petition in the Glossip case was pending before a court of law (the Oklahoma Court of Criminal Appeals) alleging Brady violations, the State, under former AG O’Connor, was withholding other Brady evidence in "Box 8", thereby adversely impacting the defense’s post‐conviction relief efforts.

In 2022, the State opposed the Defense’s motion for discovery of "Box 8", including a request for a privilege log or a special master to review "Box 8" and instead represented there was no Brady material.

An Email dated September 15, 2022 from Assistant Attorney General Joshua L. Lockett, cc'ing former AG O’ConnorJennifer Miller, and Jennifer Crabb concluded: "no such evidence was excluded."

In February of 2023, newly elected Attorney General Drummond, granted the defense access to "Box 8" where it was discovered that the box contained multiple Brady and Napue violations as well as violations.

More State Officials connected to the Glossip case, See Also: John O'Connor, Scott PruittJoshua L. LockettJennifer Crabb, Hon. Robert Hudson, Robert H. MacyWes LaneFern L. SmithConnie SmothermonGary AckleyDavid PraterPatricia "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.