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CREEK COUNTY, OK-A key witness in the case of the judge accused of masturbating on the bench has disappeared.
Without the witness, prosecutors moved to sever a misdemeanor count of misuse of a state computer from the charges against former District Court Judge Donald Thompson, allowing the case to proceed to trial Tuesday.
Thompson, 59, is facing four felony counts of indecent exposure for allegedly using a "penis pump" during trials in 2002 and 2003 including a murder trial.
Thompson's attorneys had argued to dismiss the computer charge, or to have it tried separately, saying it was an effort by prosecutors to prejudice Thompson before the jury. The charge alleges that Thompson placed pornographic photos of himself and a woman on his judicial computer. That woman is alleged to be Thompson's business partner, Angela McClanahan.
Trial judge C. Allen McCall of Creek County District Court had refused to dismiss the case or sever it leading the defense attorneys to appeal his decision and that of a mid-level appellate court which upheld it. Late Monday, the Oklahoma Court of Criminal Appeals upheld McCall's decision with a 3-2 ruling, allowing all charges to be tried together by McCall, saying the issues presented challenging the constitutionality of the statute should be raised on appeal.
McClanahan, a key witness in the case, failed to appear in court on Friday and McCall issued a warrant for her arrest. But when police officers arrived at her home to arrest her, McClanahan reportedly ducked out the back door and police lost her in a foot pursuit. Without their witness, prosecutors withdrew the computer charge to be refiled later.
McClanahan had refused to testify before the Grand Jury in the case but changed her mind after a judge ordered her to jail for failing to comply with the subpoena. Thompson's attorney, Clark Brewster later tried unsuccessfully to quash her testimony.
Opening statements were heard Tuesday. A jury had been empaneled last week before the interlocutory appeals were raised in regard to the computer misuse count.
Brewster told the jury that there was no forensic evidence to prove the charges against Thompson and claimed that Thompson had never used the device which he says he received as a gag gift.
But Lisa Foster, a court stenographer, testified during the preliminary hearing that she had seen Thompson use sexual device in the courtroom during court proceedings. After she testified, Thompson fired her and she has since filed a lawsuit in regard to the termination.
According to KOTV, the jury saw pictures of the penis pump, taken by Sapulpa Police Captain Mike Reed during a 2003 trial. The police officer testified Tuesday that he had been on the stand during the 2003 trial when he heard an "air pressure" noise. Reed told the jury that he had seen Thompson sitting with his elbows on his knees and that there was a tube running up his robe, between his knees but that he had never seen Thompson expose himself.
DNA samples have reportedly been taken and processed by the Oklahoma State Bureau of Investigation. However, according to test results, there were no signs of Thompson's DNA on any of the materials seized from around the judge's bench including the carpet.
Jurors for the murder trial also told police that they heard whooshing noises coming from the bench during the proceeding.
Thompson's former court reporter for 18 years claimed to have seen the judge's penis "12 to 15 times" during trials.
Thompson retired in 2004 after the allegations surfaced regarding his alleged masturbation during trials. If convicted, he could be sentenced up to 10 years in prison and a $20,000 fine on each of the felony counts and would have to register as a sex offender. He is currently drawing an annual pension of nearly $90,000 which he could lose if convicted. 6-20-06
© 2006 North
Country Gazette
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