Mayor suspends city attorney, his deputy

[Bledsoe]

WOW!!!!!

Does anyone know what this is all about?

____________________

Mayor suspends city attorney, his deputy
By P.J. LASSEK World Staff Writer
11/21/2006

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City Attorney Alan Jackere and Deputy Attorney Larry Simmons were placed on administrative leave with pay Sunday, mayoral spokeswoman Sheryl Lovelady confirmed Monday.

Jackere said in a telephone interview that he doesn't know why the suspensions occurred, adding that Mayor Kathy Taylor must have based them on "some report that she did, and I guess she'll tell us the specifics when she is ready."

Simmons said neither he nor Jackere was interviewed, nor do they know who conducted a "preliminary report" on which the mayor based the action.

"It's kind of like what happened to (Police Chief) Dave Been," Simmons said in a telephone interview. "I don't think there are grounds here to do anything that I know about."

Former Mayor Bill LaFortune suspended Been with pay in February for not notifying him of an interim report that criticized the Police Department's Special Weapons and Tactics Team. Taylor reinstated Been in May.

Jackere, who has worked for the city for 30 years, said he and Simmons were summoned to the Mayor's Office on Sunday.

At that time, she placed them on administrative leave but gave no details behind her actions.

She did mention a report, Jackere said.

Simmons, who has worked for the city for 24 years, said, "I haven't a clue as to what is going on."

Lovelady said the Mayor's Office will not comment because it is a personnel matter.

Simmons said that if the suspensions were made because of a mistake the attorneys had made, "I can't imagine that this is what will happen. Who is error-free?"

He said the only court case he can think of that could be behind the action is that of Arvin McGee Jr. The city reached a $12.25 million settlement in June with McGee, who was wrongly convicted and spent 14 years in prison for crimes he didn't commit. A federal jury had awarded him $14.5 million in March, and the settlement eliminated the possibility of an appeal.

But "how anything in that case can justify this action, I don't know," Simmons said.

Both attorneys said they are anxious to know what the report is about and how it involves them.

Simmons said he and Jackere are the only attorneys authorized to sign off on documents and that he wonders whether the mayor has made arrangements to carry on city business.

P.J. Lassek 581-8382
pj.lassek@tulsaworld.com

[CoffeeBean]

Simmons can attempt to distence himself from the McGee case all he likes, but news reports from the Tulsa World following the trial leave serious questions about the adequacy of the City's representation during trial:

quote:Jury's verdict: $14.5 million
DAVID HARPER World Staff Writer
03/30/2006
Tulsa World

That equates to $1 million per year McGee wrongfully spent behind bars plus $500,000.
A federal jury decided Wednesday that Arvin McGee Jr. should receive $1 million from the city of Tulsa for each of the 14 years he spent behind bars for crimes he didn't commit.
It also tossed in $500,000 on top of that.

"It's justice," McGee said.

"This is in the memory of my mother. She saw it through."

On Tuesday, an emotional McGee testified about how his mother always believed that her son was not the man who raped and kidnapped a Tulsa woman in October 1987, the crimes of which he was convicted.

He told the jury she died on Christmas Eve 2004, living long enough to see him released from prison on Feb. 26, 2002, after his convictions were overturned. DNA evidence showed he could not have been the attacker.

McGee credited Wednesday's verdict to the power of prayer.

His attorney, R. Thomas Seymour, said, "Thank God for the American jury system."

Seymour, an attorney for nearly 40 years, said it was the largest verdict he had ever won for a client.

He did not mention during his Wednesday closing argument what he thought the damages should be in the case, in which McGee alleged that the city had violated his constitutional rights during the investigation that led to his conviction.

Seymour said later that mentioning a specific number can be taken as an insult by a jury.

Instead, Seymour encouraged the jurors during his closing to "let America's own freedom bell ring and be heard throughout the land to show what the value of freedom is."

With the $14.5 million verdict, the jury appeared to largely follow in the footsteps of a Chicago federal jury who in 2001 awarded $15 million to a man who had wrongly spent 15 years behind bars for a murder he didn't commit.

The jury's foreman had no comment Wednesday evening on how exactly the jurors arrived at the figure or on any other aspect of the case.

Another juror, who chose not to give his name, said that the jury felt this was the proper outcome based on the facts.

The jury deliberated about 5 1/2 hours before it reached its verdict.

Seymour said the city never made any sort of financial offer to settle the case.

Deputy City Attorney Larry V. Simmons said he could not say specifically how the city would pay the $14.5 million.

"We'd have to assess that when the time comes. If it comes," Simmons said.

The city is very likely to file an appeal and a request that payment of the money be stayed until the 10th U.S. Circuit Court of Appeals issues a ruling, he said.

The city may also file other post-trial motions in the coming days, he said.

Simmons called the jury's decision "understandable in light of the fact that he was convicted of a crime he didn't commit."

Seymour was asked after the verdict whether he believes that the city will now attempt to settle the case.

"Since their entire approach to this case has been unfathomable, I decline to speculate on what the future holds," he replied.

The city did not call any witnesses, did not make an opening statement and did not cross-examine McGee or a retired former Tulsa police officer, Randy Lawmaster.

Seymour said during the first part of his closing argument, "The city has no case and no remorse."

Simmons did make a closing argument in which he said there is no constitutional guarantee that only the guilty will be convicted of crimes.

He told the jury that McGee had to show more than negligence by the city during the investigation, or that Lawmaster could have done a better job.

Instead, Simmons said, McGee had to demonstrate that the city's conduct exemplified "deliberate indifference."

Simmons told the jury that what happened to McGee was "unfortunate and we're all sorry about it."

Seymour countered in the second part of his closing argument that the city waited until it was "so far up a tree that they're invisible to say that they are sorry."

He said a photo lineup shown to the victim that featured McGee and four other men that even Lawmaster admitted didn't look much like McGee, the denial of the victim's request for a voice lineup and the failure to track down medical records that would have shown that McGee had undergone hernia surgery just days before the attack were among the investigation's shortcomings.

Seymour said "the city of Tulsa put a rope labeled 'rapist' " around McGee's neck.

McGee alleged in his February 2004 lawsuit that he was unfairly tried and convicted in violation of the due process of law guaranteed by the U.S. Constitution.

He claimed that a proximate cause of his wrongful convictions was the Tulsa Police Department's failure at the time to adopt written policies regarding police conduct in rape investigations.

Seymour told the jurors Wednesday that they need not find the deficiency to be the proximate cause of the convictions, only a proximate cause.

He reminded the jury that Lawmaster had testified Monday that if such written policies had been in effect at the time of the investigation, he would have followed them.

 

[RecycleMichael]

The city did not call any witnesses, did not make an opening statement and did not cross-examine McGee or a retired former Tulsa police officer, Randy Lawmaster.

I would guess that not doing your job and costing the city 14.5 million dollars is enough reason for suspension.

Why did LaFortune promote these two guys in the first place?

[aoxamaxoa]

I think recycle is right as the article said...

Then why isn't the City Public Works director also being suspended. If the citizenry knew how much these clowns have misappropriated and how they have failed to keep up it would make the city attorney failure pale in comparison.

[Conan71]

quote:Originally posted by recyclemichael

The city did not call any witnesses, did not make an opening statement and did not cross-examine McGee or a retired former Tulsa police officer, Randy Lawmaster.

I would guess that not doing your job and costing the city 14.5 million dollars is enough reason for suspension.

Why did LaFortune promote these two guys in the first place?

As a legal strategy, I think the city could have come out worse if they would have taken him up on cross-X or made any significant statements.  They were in a no-win situation with the jury.  On the one hand they apologize or admit error to a jury, or they appear callous and the award gets even worse.

As mentioned on another thread, I just finished reading "The Innocent Man" by John Grisham which is a similar story of wrongful prosecution and imprisonment.  With the advent of DNA testing and multiple innocence projects nation-wide, don't expect this to be the last verdict or settlement we'll be hearing about in the coming years.

[tim huntzinger]

I wonder if this has anything to do with the proposed toll bridge?

[sgrizzle]

While the city couldn't win, they needed to fight to prove due diligence. There are already, and will be a lot more people freed due to dna evidence. However, just because someone was wrongfully convicted doesn't mean they can then sue the city, the cops, the judge, the jury and the jail lunch lady.

If we have 5 people freed next year who've spent 20yrs in jail, should we just freely hand over $100m?

The city can admit they sent the wrong person to jail without saying they were wrong in doing so.

[Publius]

"Bridge Behind Mayor's Legal Department Shake-Up?"

Here is Medlock's take on this.

[aoxamaxoa]

Great....a member of "liberal" Tulsa Interfaith Alliance. Chris, strike one.
This organization is one of Tulsa's most important leaders on tolerance.
Tulsa is seen across the nation as a backwater bigoted community. This group
does more to dispel this often viewed conception.

"Beside being the Mayor's chief legal advisor, Siegel, is also a committee
member, along with Taylor, of a posh Philbrook Museum group that specializes
in wine tasting." Strike two. SO WHAT!

"Some City Hall observers postulate that next to the Mayor, the City
Attorney's position in the most powerful job in Tulsa's government."
Strike three....Charles Hardt is far more powerful. Just look at the city
budget under Public Works.

As far as positioning herself for a run on Washington, good for her if
Medlock's guess is correct. Sullivan has done zip for Tulsa.

Chris is similar to Sullivan....both are ego maniac losers. Nice guys, but last...

[RecycleMichael]

As I read Medlock's column the other day, I laughed at the part where he made reference to the Philbrook crowd.

Egad!  They actually taste wine?  They must be stopped!

[MH2010]

My buddies and I meet at McNellie's once a month and taste different beers.  So I guess you could call it a beer tasting party. Holy s$%#, Does that make me elite???!!!!!

[aoxamaxoa]

No.

McNellie's has a great atmosphere. Really good beer, even if no Heiny on draft. This drug and eatery establishment actually is one of few that gives you the feeling of being in a different city.

I think the division between elite and non-elite is discernable enough here in T town.

The mayor may be tied into our elite members a bit too much. She may need to be a little more progressive, more a pop figure, more in the trenches, and less one sided leaning in the elitist direction of closed door power. That would be my political advice to her.

The roundtable politics went out when ward politics came in.

[rwarn17588]

Chris Medlock wrote this in April:

"The times, they are a changin', but one thing stays constant...our nation is slowing [sic] moving to the right politically."

Now it's November. I guess all those Democrats taking over in Washington are moving the government to the right.

So much for punditry.

[Conan71]

Is there ANY reason people are still listening to Chris Medlock?  What's with the whole expose' on Fred Jordan's divorce and all the amateur sleuthing on it?  Talk about sour grapes!

[RecycleMichael]

I understand that a press release is happening today saying that Alan Jackere has decided to retire and the Mayor is appointing Judge Deidre Dexter as acting interim City Attorney to assist in the transition.