Tulsa World: Mistrial clears ex-prosecutor

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Mistrial clears ex-prosecutor
The judge in the embezzlement trial cites evidence concerns.

NO CHARGES
Richard Gray: He said that even jury members voiced support for him.

By SARA PLUMMER World Staff Writer
Published: 6/6/2008 2:05 AM
Last Modified: 6/6/2008 2:11 AM

The judge in the embezzlement trial cites evidence concerns.

OKMULGEE — Embezzlement charges against former eastern Oklahoma prosecutor Richard Gray were dismissed Wednesday after the prosecution rested its case.

Gray, who was the district attorney for Adair, Cherokee, Sequoyah and Wagoner counties, was indicted in October 2006 for allegedly taking $8,800 that was seized during two drug arrests in 2003 in Cherokee County.

Okmulgee County District Judge Michael Claver dismissed the charges and granted a mistrial, citing concerns with the chain of custody of the missing money.

"I've never seen a case so bad as this one," Gray's attorney, Clark Brewster, said. "It was completely frivolous. This man went through a tremendous amount of character attacks."

Gray said in a telephone interview Thursday that the first thing he is going to do is take some time off and spend it with his family.

"Then I'll start rebuilding my career that the state of Oklahoma so viciously attacked," he said.

The Oklahoma Attorney General's Office prosecuted Gray. In a written statement to the Tulsa World, a spokesman for the office noted that a multicounty grand jury had found enough evidence to indict Gray and that "it's unfortunate the trial judge did not allow the Okmulgee County jury the same opportunity."

"Because of this ruling, which we believe to have been reached in error, the state is prohibited from retrying this case," spokesman Charlie Price said.

Brewster

said the allegations might have cost Gray his re-election in 2006.

Gray said: "I ran for District Attorney's Office because I knew I could make a change. "I went in there to clear out the criminals, and the criminals came back and got me indicted."

Brewster said Gray was trying to enact evidence policy and procedure changes when the allegations arose.

"He was a public servant trying to do right," he said.

Although he is pleased with the judge's decision, Brewster said he is upset by the wasted resources and time.

"I'm saddened that the state of Oklahoma would have done this," he said.

Gray had similar sentiments.

"I'm extremely excited about the verdict," he said. "The only thing that upset me was I wasn't given an opportunity to prove how corrupt the investigation" by the Attorney General's Office was.

Gray said his defense would have pointed to others' guilt and shown a connection to law enforcement.

After the dismissal, Gray said, even jurors voiced their support.

"Jurors came up to me and shook my hand," he said. "I think I have more than proven my innocence."

Gray said that after his failed re-election bid, he went back to the Littlejohn, Adair & Gray law firm he helped start in 1996.

He said he would consider public service again, though.

"The door is not closed on me running for public office," he said.

Sara Plummer 581-8465
sara.plummer@tulsaworld.com
By SARA PLUMMER World Staff Writer

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	Report Comment Graychin, Eucha (6/6/2008 9:18:04 AM) "A spokesman for the (AG's) office noted that a multicounty grand jury had found enough evidence to indict Gray and that "it's unfortunate the trial judge did not allow the Okmulgee County jury the same opportunity." The old saw says that a prosecutor can get a grand jury to indict a ham sandwich if he wants to. The AG's office is blustering. righton, when you get in trouble, I'm betting you would be the first one to call Clark Brewster. Shyster? I don't know. Winner? Definitely.
	Report Comment MythBuster, (6/6/2008 9:39:36 AM) righton is right off the page...........THEY THE STATE did present ALL of their evidence. it did not flush! If he had been there to watch their star witness Clint Johnson squirm like a frog on a stick, then maybe he would understand the judges reason for stopping the proceedings.Mr.Brewster was correct in his summary of the AG's case................Frivilous at best. Shame on you Drew Edmondson !
	Report Comment HA HA, (6/6/2008 3:20:21 PM) righton: I have to disagree the judge allowed plenty of time for evidence there was just none, unless your talking about the evidence there was to convict Johnson. There would've been plenty of that. I guess the kind of lawyer Brewster is, is the kind that wins and gets the job done. I am sure the judge made no extra money, but I am sure if you are a tax paying oklahoman you lost some. Because the state wasted time and the tax payers money.
	Report Comment MythBuster, (6/7/2008 3:37:16 PM) WHEN BANK RECORDS OF CLINT JOHNSON WERE SUBPOENAED BACK TO 2002, WASN'T THERE A MRS.JOHNSON ? YOU HAVE TO WONDER WHAT THOSE RECORDS REFLECT, AND COULD THERE BE A YET UNNAMED CO-CONSPIRATOR ? I READ WHERE CLARK BREWSTER TOLD OF CLINT BUYING LARGE DENOMINATION CERTIFIED CHECKS,THEN EXCHANGING THEM RIGHT THEN FOR CASH. BANKERS ARE PREPARED TO TESTIFY THAT IT CONFUSES THEM NOW AS MUCH AS IT DID THEN. DO RECORDS REFLECT HE ACTED ALONE?DOES ANYONE ELSE SEE THE BIG PICTURE, TINA JOHNSON WORKING AT THE DISTRICT 27# BOGUS CHECK OFFICE AND HER HUSBAND HAVING 54 OF THEM? AN INSIDE MAN, OR WOMAN PERHAPS? YOU KNOW THE OLD THEORY "A GRAND JURY CAN INDICT A HAM SANDWICH" I WONDER HOW MUCH HAM WILL BE FOUND IN THE CURRENT DA'S OFFICE,AND WITH HIS ROOMMATE ?

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