Prosecutor Misconduct No. 1683834222 - 1514404574

Date of Offense

June 7, 2021

Reporting Authority

This complaint has been forwarded to the Oklahoma Bar Association

Statement

A Motion for Sanctions was filed in Creek County District Court CF-2020-0199 for Assistant District Attorney, Steve Rouse's failure to disclose exculpatory witness statements in a murder case. Rouse's response was that he was relieved of his constitutional obligation to disclose due to defense council's independently discovering the witness (this is a misrepresentation of law).

Except from Motion for Sanctions filed 06/07/2021
Except from Motion for Sanctions filed 06/07/2021
Except (2) from Motion for Sanctions filed 06/07/2021
Except (2) from Motion for Sanctions filed 06/07/2021

Judge Douglas W. Golden declined to order sanctions for the brady violation, instead rescheduling the murder trial to a later date. Thankfully, the defendant was later acquitted by the jury. Had the brady violation gone undiscovered prior to trial, the defendant, having been charged with Murder in the first degree, may have been wrongfully convicted and sentenced to life in prison.

Last Updated 05/11/2023

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.