Prosecutor Misconduct No. 1681326652 - 1645205249

Gary Ackley
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

Statement

Gary Ackley Oklahoma Bar #123

Along with Fern L. Smith and Connie Smothermon, 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 Gary Ackley:

  • failed to disclose impeachment evidence obtained from an interview with state's witness, Bill Sunday, related to the state's motive theory. The evidence was later discovered in "Box 8"
  • failed to disclose impeachment evidence obtained from an interview with state's witness, Kayla Pursey, related to the "Sinclair Tapes". The evidence was 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. MacyWes LaneFern L. SmithConnie SmothermonDavid 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.