Prosecutor Misconduct No. 1681325998 - 270652434

Wes Lane
320 Robert S. Kerr Avenue, #505
Oklahoma City, Oklahoma 73102

Date of Offense

March 27, 2023

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association


Upon being appointed as Oklahoma County District Attorney upon Bob Macy's retirement amid the Joyce Gilchrist lab misconduct scandal, Wes Lane failed to properly supervise his Assistant District Attorneys Fern L. Smith, Connie Smothermon, and Gary Ackley in the May 2003 re-trial of Richard Glossip in which they were responsible for multiple violations resulting in the Oklahoma Attorney General's 2023 request to vacate the wrongful conviction.

  • ADA Smith failed to disclose January 14, 2003 Notes documenting that state's witness, Justin Sneed, did not want to testify in the re-trial of Richard Glossip. The notes documented her conversation with Ginia Walker (Justin Sneed's attorney). Neither Smith, nor Connie Smothermon, disclosed to Glossip's defense team that the state's star witness wanted to recant and/or renegotiate his plea agreement terms in exchange for testifying in the June 2003 trial.
  • ADA Smothermon failed to preserve/disclose the "Sinclair Tapes"
  • ADA Smothermon failed to disclose impeachment evidence towards state's witness, Cliff Everhart, to the defense later discovered in "Box 8"
  • ADA Smothermon suborned perjury from state's witness, Justin Sneed, via her memo to his attorney Ginia Walker, indicating the state wanted Sneed to adjust his testimony in order for it to align with the medical examiner's testimony. The memo was withheld from defense.
  • ADA Smothermon failed to correct Sneed's testimony about his mental health diagnosis and the reason he was prescribed Lithium, then failed to disclose Sneed's diagnosis to the defense.
  • ADA Gary Ackley failed to disclose impeachment evidence obtained in an interview with state's witness, Bill Sunday, to defense later discovered in "Box 8"
  • ADA Gary Ackley failed to disclose impeachment evidence obtained in an interview with state's witness, Kayla Pursey, to defense later discovered in "Box 8"
  • Although Gary Ackley was cooperative and well intentioned in assisting with the investigations into the Glossip case, he mistakenly believed "Discovery was already done by the time [he] came onto the case". This is an inaccurate understanding of his constitutional obligations as a prosecutor, it is imperative to disclose Brady or Giglio evidence upon it's discovery, regardless of what "stage" the case is in.

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