Prosecutor Misconduct No. 1681326524 - 1992418822

Connie Smothermon
320 Robert S. Kerr Avenue, #505
Oklahoma City, Oklahoma 73102

Date of Offense

March 27, 2023

Offense(s)

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Supporting Document(s)

AG's Motion to Vacate
AG Independent Counsel Review - Rex Duncan
Report Summary - Reed Smith
Reed Smith Report - Reed Smith
Supplemental Report - Reed Smith
2nd Supplemental Report - Reed Smith
3rd Supplemental Report - Reed Smith
4th Supplemental Report - Reed Smith
5th Supplemental Report - Reed Smith

Statement

Connie Smothermon Oklahoma Bar #16598

Along with Fern L. Smith and Gary Ackley, under the supervision of Wes Lane, worked on the case resulting in the May 2003 re-trial of Richard Glossip and were responsible for multiple violations resulting in the Oklahoma Attorney General's 2023 Motion to vacate the wrongful conviction.

Assistant District Attorney Connie Smothermon:

  • failed to preserve/disclose the "Sinclair Tapes";
  • failed to disclose impeachment evidence towards state's witness, Cliff Everhart, to the defense later discovered in "Box 8";
  • 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.;
  • 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.

More State Officials connected to the Glossip case, See Also: John O'Connor, Scott Pruitt, Joshua L. Lockett, Jennifer Miller, Jennifer Crabb, Hon. Robert Hudson, Robert H. Macy, Wes Lane, Fern L. Smith, Gary Ackley, David Prater, Patricia "Pattye" High

Definition of Offense(s)

Failure to Disclose Brady/Giglio Material

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.

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Suborning Perjury

Suborning perjury is a type of prosecutor misconduct where the prosecutor encourages or induces a witness or a defendant to provide false testimony under oath in a court of law.

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