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Indecent exposure trial is ordered
A Tulsa County district judge faces a felony count.
ACCUSED
Jesse Harris:
The Tulsa County district judge denies exposing himself in front of two women outside a hotel.
By BILL BRAUN World Staff Writer
Published:
2/3/2009 2:25 AM
Last Modified: 2/3/2009 3:17 AM
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an out-of-county judge ruled Monday.
Osage County District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence," he found sufficient evidence to order Harris bound over for trial.
Kane slated a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by State Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties." Allen Smallwood, one of Harris' defense lawyers, said that a different judge will handle a trial in the case.
Harris, 54, was charged April 24 with two felony counts of indecent exposure. He has denied allegations that he exposed his penis on March 9 to two women outside a hotel in the 8200 block of East Skelly Drive.
Kane got the case in May after Tulsa County Presiding Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district of Tulsa and Pawnee counties.
Kane presided over a prolonged preliminary hearing that began Oct. 2. Testimony concluded Friday, and Harris did not testify at the hearing.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane ordered Harris bound over on only one count, which will cover allegations involving both women.
One accuser is Kalisha Nolen, identified as a former girlfriend of the defendant.
The Tulsa World has a policy of not identifying alleged victims of sex crimes, but Nolen — also known by the first name of Kali — consented to publication of her name.
The other accuser was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
Washington County District Attorney Rick Esser has said that credibility is a trial issue. Esser maintained that the prosecution's evidence at the now-concluded hearing was sufficient to establish that a crime was committed and that probable cause exists to believe that Harris committed the crime.
In his order issued Monday, Kane noted that the prosecution "is not required at preliminary hearing to present evidence which would be sufficient to convict at trial."
Any trial in this case will be conducted before a Tulsa County jury, Smallwood said.
Also Monday, lawyers agreed to take a deposition this week of a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw the people in the parking lot and who was subpoenaed as a "critical" witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and with an electronic monitor.
Bill Braun 581-8455
bill.braun@tulsaworld.com
By BILL BRAUN World Staff Writer
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MSLGW
, Tulsa (2/3/2009 6:47:13 AM)
I do not find these witnesses credible at all. This is, in my opinion a political witch hunt. Even if it were true. A felony goes beyond the pale. One of the women involved was an ex girl friend who is obviously a woman spurned. Ouch!! Look out. There have been many men given prison terms because a spurned woman will present herself as a victim to feel sorry for.
Also, in today's climate, if you are charged with a sex offense of any kind, your guilty until proven innocent.
cfcoklahoma(.)org
Just my opinion.
Report Comment
LesGuvment
, Sand Springs (2/3/2009 7:01:55 AM)
Sounds like the judge was the one that was spurned
Report Comment
HardHeartedHanna
, (2/3/2009 7:04:47 AM)
This does seems to smell of overcharging at the least, and some vendetta at best. I guess we will never know what enemy Judge Harris made along the way, but it is sure coming back on him now. Imagine the expense he is incurring just to defend against a couple of crazy women wanting to get even on some score.
I hope he survives this and the truth comes out. I supposed they are all too deep into the process to do anything but let it play out. They certainly are consuming a great deal of judicial resources to resolve an argument between a broken up couple. Good luck Jesse.
Report Comment
Mistic_wolf
, tahlequah (2/3/2009 7:54:47 AM)
Time will tell if he did this or not.
Report Comment
concernedpapa
, Kiefer (2/3/2009 8:27:56 AM)
You are right mistic_wolf, I for one will wait till the evidence comes out before I comment on quit.
Report Comment
justiceawaits
, Claremore (2/3/2009 8:29:47 AM)
When in doubt,whip it out.But not in a public parking lot in front of witnesses.Your exgirlfriend agrees to meet You at a motel,get a room.Funny how she was credable when she was his girlfriend,but when he exposes himself in front of others in public in front of others and embaresses her,she is the one who is not credable.
Report Comment
Bullhead
, Nicut (2/3/2009 8:38:35 AM)
This story is strange indeed and could go either way. He could be a pervert or she could be a dissed gf wanting revenge. It's been known to happen. He doesn't look the part but then, that's nothing to count on. I wonder what she looks like. If she's making this up, at least she was smart enough in her scheme to have a witness beside her. I can't help but think he wouldn't put himself in that position with a witness there.
Report Comment
Shooter
, Tulsa (2/3/2009 8:54:35 AM)
To have a crime you have to have a victim. Is his ex-girlfriend really a victim of a crime because she saw his penis??? She was his girlfriend at one time and I am sure she saw it before. Now that they are not together it is a crime to see his penis? Her friend doesnt sound real credible either, isnt she in prison for multiple DUI's.
Report Comment
Graychin
, Eucha (2/3/2009 9:13:52 AM)
He said she said.
Report Comment
QLC
, (2/3/2009 9:22:04 AM)
You are correct graychin, but there is something else at play here. How does this rise to multiple felonies? Also, the prosecutor in Bartlesville offered the judge a walk if he would resign his judgeship. Someone is out to change the judicial balance in our district courts, follow the money.
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golfwife
, (2/3/2009 10:22:27 AM)
Revenge, revenge, revenge. And, QLC I do so agree with you, "follow the money". I have followed this story since day one and simply cannot believe it has hit this level in the court systems.
When this story first broke I thought 'you better watch your setp because someone is out to get you'.
What a shame, what has our judicial system came to...
Report Comment
Makeda
, Tulsa (2/3/2009 12:38:07 PM)
I agree with Shooter. This entire case is political and anyone who knows Judge Harris knows that he would never do something so obviously stupid. Besides, did you get a look at the other woman? Believe me, he has never been that desperate!!
Report Comment
Skeptic
, Tulsa (2/3/2009 12:53:23 PM)
I long for a return to the day when "those activist judges" keep their "activisim" above the belt and not below it.
Report Comment
FS
, Broken Arrow (2/3/2009 1:30:19 PM)
Felonious weenie wagging - dammit!
Report Comment
I'mjustme
, Thomasville (2/3/2009 3:34:15 PM)
Ex is getting back at him. They set him up by calling him to the motel.
Report Comment
Ignatz
, Broken Bow (2/3/2009 4:02:52 PM)
I'mjustme, could be. If you ever read the Court pleadings in their divorce you will see that she was about as vengeful and vicious as I've ever seen in over 30 years of practicing law.
Report Comment
Ignatz
, Broken Bow (2/3/2009 4:04:18 PM)
I'mjust...sorry, I meant his ex-wife and you meant ex "girlfriend."
Report Comment
Mr. Brown
, Tulsa (2/3/2009 4:26:51 PM)
I sure would like to think that a judge wouldn't be dumb enough to "twirl his lasso" in public,
but after that other judge's pecker pump conviction, who can really speak to what a person is capable of?
Report Comment
jhill
, Tulsa (2/3/2009 4:28:00 PM)
Mr Brown -- I'm afraid you're right.
Report Comment
okie ridgerunner
, small town (2/3/2009 7:56:46 PM)
Judges are just people, they are human. they get stupid from their desires and wants just like a lot of other people do.when people think judges do no wrong, they are wrong.
Report Comment
CrazyInmate
, (2/3/2009 8:59:28 PM)
In Oklahoma, we'll never let the facts favorable to a defendant stand in the way of a good prosecution. Sounds like Bill Petersen (Ada) in action once again.
Report Comment
Angry Citizen!
, Bluejacket (2/3/2009 10:06:32 PM)
Harris is a good judge, who does exactly what he says he does. Guess I should get my girlfriend to sign a release of liability or something from now on!
Report Comment
I'mjustme
, Thomasville (2/3/2009 11:23:52 PM)
I agree Harris is an excellent judge. They are lying about him, and/or someone set him up as some suggested.
His ex-wife is hateful and maybe he is just soured on women. If he isn't by now with his luck he should be.
Report Comment
J3SS!CA
, Here (2/4/2009 11:42:00 AM)
Agreen w/Mr. brown on this on. Can't forget that pecker pump judge:}
Report Comment
SongBird
, Tulsa, Ok. (2/4/2009 1:28:36 PM)
"Don't look Ethel."
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