GIST: "While former Oklahoma City cop Daniel Holtzclaw
serves a 263-year sentence for 18 sex-related felonies, the Court of
Criminal Appeals last month took the unusual step of entering a sealed
order in his case. The cloak of secrecy now surrounding this case should
be deeply troubling to every Oklahoman. Holtzclaw's appeal from his 2015 jury trial was proceeding routinely
until prosecutors sought permission to file a motion and accompanying
materials under seal — that is, privately. Rumor, which is all the
public has to go on, is that problems have arisen with the lab and/or
investigator in charge of analyzing critical DNA evidence. On May 30,
the court entered two secret orders, directing unspecified proceedings
to take place before Holtzclaw's trial judge. In late June, the judge
held two days of closed-door hearings; prosecutors, a deputy police
chief, and at least one witness from the DNA lab appeared. Neither
Holtzclaw, his lawyers, the media nor the public were allowed in.
Although a 347-page transcript of those hearings was filed, it remains —
you guessed it — under seal. The black-box proceedings are troubling. Holtzclaw is directly
attacking the DNA evidence used to convict him, arguing that the
prosecution not only botched its gathering and analysis, but violated
ethical rules by misrepresenting it to the jury. A group of six
well-credentialed scientists recently agreed, releasing a detailed,
45-page report dissecting the Holtzclaw DNA techniques and testimony and
slamming them as biased and inaccurate. A recently filed Open Records Act request for 15,000 pages of
case-related records resulted in the release of fewer than a third —
10,000-plus pages remain withheld. Even more alarming, the city now admits it destroyed all of its DNA investigator's emails after her retirement in February. This is no way to run a criminal justice system. In 29 years of
practicing and teaching criminal law in Oklahoma, I have never seen the
level of sealed orders and secret, ex parte courtroom proceedings that
has occurred in the Holtzclaw matter. The Court of Criminal Appeals'
sealed orders even violate its own rule requiring their disclosure. The dark cloud of secrecy over the Holtzclaw case gives rise to
suspicions that somebody is hiding something. Have we forgotten the
lessons learned during the ordeal surrounding discredited, disgraced and
dismissed Oklahoma City forensic chemist Joyce Gilchrist? Perhaps
there's a problem with DNA evidence that will impact other cases besides
Holtzclaw's. If so, it shouldn't be locked away in the judicial attic.
The court immediately should unseal all orders and filings so the public
— as well as other convicted defendants whose cases and lives may be
impacted — can see the details. Anything less will corrode the public trust at the core of our judicial system. No need to guess about that."
The entire commentary can be found at:
The entire commentary can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
