Corruption at the Oklahoma County District Attorney Office Uncovered
Former CLEET Director Larry Birney Shielded from
Felony Charge by David Prater’s Office
Edmond P.D. Department Investigation Recommendation
that Charges be filed
What do former CLEET Director Larry Birney, Oklahoma County D.A. David Prater, former State Superintendent Janet Barresi, and State Representative Earl Sears all have in common? All were involved in scandals involving former CLEET Director Larry Birney, either involved in the setting up the stage for the corruption, covering up the corruption, or ensuring Birney continued to draw a state paycheck after resigning while under investigation.
More on the actual road rage incident that was covered up by Oklahoma County D.A. David Prater is near the bottom of the article but first we want to lay out the entire disgusting scenario.
The sorry saga began in June of 2008 when former San Antonio policeman Larry Birney was appointed as Director to CLEET. CLEET trains police officers and security guards in Oklahoma as well as setting the standards for both law enforcement and security work. Yet a mere three years later we see Director Larry Birney resigning under fire at a meeting called to investigate “personel issues”. The Birney resignation occurred on April 29th, 2011.
Birney was later in the news in another scandal involving Janet Barresi hiring him to fill a new position at the State Education Department. Hired at over $100,000 per year for the Assistant Superintendent for accreditation and Compliance Birney quickly came under fire for not being qualified and for getting the job because he was married to the legal counselor for the State Education Department, Kim Richey. Richey had previously worked as the CLEET legal counselor under Birney.
Birney had never taught a single day as a public school teacher or had served as an accreditation officer but he was put in charge of the entire state’s program. His wife, Kim Richey, had been hired around September 27th of 2011, just weeks after her marriage to Larry Birney. Richey had departed CLEET a few months after Birney resigned under fire.
We reported on the Birney felony charge cover up back in October of 2012 as part of the corruption stories about Oklahoma County D.A. David Prater. Our story made the rounds with numerous reverences about the road rage incident we uncovered where Birney brandished a weapon at a man and his wife because they wrote down his tag number and were intending on calling the police for erratic driving.
Other bloggers thought the hiring of Birney by Barresi as more than simple corruption:
“With three months left in her term, Barresi has hired someone who will certainly be fired in January, if not sooner. With all due respect to Rob Miller, whose brilliant piece My Little Crony
, paints this as a case of favoritism, I believe something more nefarious is at play. Janet Barresi has created the post of in-house private investigator to harass and sully the names of her biggest critics. Anyone who has crossed her is now a target. She will find you, and she has the tool(s) to find your dirt”
And how did Barresi manage to bypass hiring rules designed to prevent cronyism and corruption? By using the special powers she was given by HB 2139 which was authored by Senator Ford and pushed by state representatives Earl Sears and Steve Martian, all of Bartlesville. The bill gave control over the entire Department of Education to the State Superintendent, bypassing the Board and procedural process such as advertising, background checks, and qualification standards..
“When the bill was presented, there was a perception that Governor (Mary) Fallin and Superintendent Barresi were going into a hostile Board of Education,” Sears said. “The reason I supported the bill was with the intent to allow the governor to appoint who she feels would best serve the state of Oklahoma and to allow the superintendent to make personnel decisions to best serve the state, too.
“Sen. John Ford and Rep. Earl Sears, who authored the original reform, were already asking their fellow legislators to give the agency an extra year. Now they're amending Senate Bill 426 to ask for a two-year delay.
Sears said he's willing to give Barresi and the state Education Department more time.
“This is such a major change,” said Sears, R-Bartlesville. “Let's get it right the first time.” “
Then in early January of 2015 Birney resigned after three months on the job, resigning at midnight of the last day of the Barresi administration. Barresi had lost the primary election in a massive landslide after spending one million dollars of her personal money, despite the support of RINO supporters like the McCarville Report and the Oklahoman. Birney’s wife Richey remained in her position as legal adviser until May 1st of 2015.
The marriage of Richey and Birney is a bit of a joke. Reminds us of the Senator Coates dalliance with the younger and chubbier lobbyist that he eventually married after knocking her up during their affair. Married on October 22nd
, the two yahoos posted a video montage online showing the old geezer marrying the younger woman. One wonders if Rep. Earl sears was present at the Santa Fe wedding.
So the road rage incident remained rumor up until last week when the Sooner Tea Party obtained a copy of the police report covering the incident. Prater had done an excellent job of suppressing the knowledge of the road rage incident to protect Birney but he had no control over the Edmond Police Department’s original incident report so it survived among the public records. Prater of course was supporting incumbent Republican State Superintendent Janet Barresi in the Republican primary and as Barresi’s had a close relationship with Birney’s soon to be wife there was ample motivation for a cover up besides protecting the director of CLEET.
And exactly what had occurred on that June evening in 2011 that led to Birney being fired? At around 6 pm Edmond police officer Edmond Tant is dispatched to 15th and Bryant to look into a report of a man in a gold Lexus pointing a black handgun at a couple. Three other Edmond officers, Martain, Griffin, and Harden, had already arrived and “took control” of Larry Birney and his weapon. The victim and his wife told of Birney driving erratically, cutting people off, failing to use turn signals, changing lanes unsafely, enough so that the victim and his wife followed Birney and his girlfriend into the parking lot of Salon and Spa where the victim attempted to write down Birney’s license plate number.
Birney comes out of his Lexus and confronts the victim and his wife, saying “Do you have a problem?” After heated words were exchanged CLEET Director Larry Birney grabbed the widow of the passenger side door where the wife of the victim was sitting, preventing her from rolling up the window for her safety. At this point the victim’s wife said “Its fine, we got your plate number and I’m calling them in about your driving.” Director Birney then replied “Oh yeah? I got something.” And went to his car and returned with a black automatic pistol while shouting “Hey?”.
At this point the victim slowly drove away when the driver realized that Director Birney was pointing an automatic pistol at them. The wife confirmed that Director Birney was holding a black gun and the victim said that the gun looked like the same guns the Edmond police officers were carrying. The victim said that Director Birney was using a two handed grip on the gun as he pointed it at the couple.
When Edmond officers made first contact with Director Birney they were told that Birney’s credintials were on the front seat of the car. The officers also found a black .40 caliber Glock model 22 automatic pistol in a small black pistol bag. Birney admitted that he had approached the victim’s vehicle without identifying himself as a peace officer and that after the couple had finished yelling at him he returned to his car and and sat down. Director Birney claimed he had never brandished his weapon during the altercation.
During the questioning of Director Birney and his girlfriend Kim Richey (who was the CLEET general counsel at the time of the incident) Mrs. Richey denied being part of the altercation and that her only involvement was director Birney bringing her to the Salon and Spa to present her credit card. According to the police report there is no mention of Kim Richey denying that the weapon had been brandished other than her claim of not being involved in the altercation.
The Officer Nicholas Tant ended his report stating “Based upon the above facts and circumstances, I believe that sufficient probable cause exists for the filing of criminal charges, Felony pointing a firearm 21 O.S. 1289.16. The notes on the police report state : “Case Status: Charges filed 06/15/2011”
What is interesting about this report is that the report states that it is a fifteen page report dated 09/26/2014, over three years after the incident. On the header of the page it lists the Case Status: 201102921 12- Charges Filed. Pages 2, 8,,9,11,12,13,14, and 15 are missing.
There are eight different Edmond officers mentioned as filing supplement reports or approving the supplemental reports. Obviously the Edmond Police Department did a thorough job investigating and building a case on this felony by Oklahoma’s top police training instructor yet it took over three years. All of the police car audio/video tapes were entered into evidence either on the 15th or 16th, then all the supplement reports were logged to the case yet the entire report was dated in September of 2014.
Of course that was two days after the story on Janet Barresi hiring former Director Larry Birney. Our guess is that someone did an open records request or a government official asked for a report to be put together on the scandal and we were handed six pages of that report, generated on 9/26/2014.
By now the statute of limitations has tolled and Director Larry Birney can’t be held accountable for his actions. We have Oklahoma County District Attorney David Prater to thank for that.
Update on Mary Fallin’s
Fair Haired Boy
Arrested for Being Drunk in a Vehicle
Preston Lee Doerflinger… ladies man extraordinaire, he that takes a dinner date to the 7-11, and a constant source of juicy stories and insights into the Fallin administration. Poor Preston, busted back in late January after a 911 call reported a woman being held hostage in his car on the Northwest Expressway.
Since he is facing a judge, finally, on May 7th we thought it timely to do an update and finally expose the police report that had been off limits for a few weeks. As far as we know this is the first time the arrest report has been publicized.
Preston was having a good night with a 41 year old blue eyed blond, five foot five and 112 pounds, when the date went sour. A 911 call reported that a woman was being held hostage in a black range rover near 3245 Northwest Expressway. The caller reported that the woman was crying and trying to get away from the driver of the vehicle and provided the tag number of the range rover.
Police located the vehicle at 5900 Mosteller drive, engine running, occupied by our less than gallant playboy and one M.K. Ross. Ross was upset and crying her little eyes out according to the arresting officer. A Lt. Goodman had already asked our playboy to exit the car and officer Campbell handcuffed Preston while the officers sorted out what our boy had been up to.
Officer Campbell smelled booze on our boy Preston, both on his breath and person (Hmmm, not a very efficient drunk if he is spilling it on himself) and walked Preston to the patrol car. Poor Preston was quite confused and said he was in a parking lot. Officer Campbell, not one to be distracted, asked Preston what was going on between him and Ms. Ross and why someone would think she was being held against her will. Preston replied that they had an argument at a 7-11, no doubt over the size of the provided slurpee or if she also got chips with the hotdog dinner.
The other officers had spoken to Ms. Ross by then and determined that she was just upset and wanted to go inside her apartment.
Officer Campbell noticed that dear Preston’s eyes were red and watery and was unsteady on his feet. Preston denied taking medication or being diabetic and admitted drinking some wine at a restaurant called Broadway 310. Now I need to write this down in case I ever have to date again, take em to a nice restaurant for a glass of wine then to the 7-11 for the actual meal. Talk about cost savings! Well, Ms. Ross apparenetly didn’t take too kindly to this though but perhaps she is just the ungrateful type.
Officer Campbell then did a field sobriety test, which our boy Preston failed despite the fact that he is an over achiever, and then placed Preston Lee Doerflinger under arrest. Preston did keep interrupting the officer while the implied consent statement was being read, saying “Please sir.”, over and over, and insisting that he was parked in a parking lot and hadn’t driven anywhere.
Well hell…. That must have worked with Mary but Officer Campbell wasn’t convinced. At that point Preston agreed to take the state breath test although the results weren’t given in the arrest report. He must have done well because he was arrested on Actual Physical Control or APC, the charge they file when you are stinking drunk passed out in a car. Or so Senator Marlatt tells us….
Officer Campbell then drove the vehicle forward and backward to make sure it was operable, parked the vehicle in a parking space and parked old Preston in the back seat, cuffed and stuffed, and in big trouble with the boss lady at work. Preston enjoyed a brief stay at the Oklahoma City Detox Center before he was chauffeured to more spacious accommodations at the Oklahoma County Jail. As a housewarming gift Preston received a nifty affidavit and a temporary drivers license.
But our boy will have his day in Municipal Traffic Court on May 7th at 8:30 am and has retained Tony Coleman of Hookem, Cheatum, and Screwed law firm. Just kidding about that last part. I’m sure Tony is going to have to earn every penny of his pay with this case.
And the lesson for all the playboys out there is this;
If you are going to try the Broadway 310/7-11 switch make sure your date is already drunk
DON’T skimp on the size of the slurpee or the size of the bag of chips
The child locks on your driver’s arm rest are your best friend, use them
Avoid the skinny ones, especially if they are over 40 years old, they ain’t that hungry
If you find yourself in this position curl up in a fetal position, start crying, and tell the officers that you have been sexually abused as a child. Be sure you speak clearly though and don’t admit to sexually abusing a child.
As a last result, tell them you work for a woman boss that you are attracted to and were looking for a surrogate to play out your fantasies, then drop Mary Fallin’s name
While the officers are rolling on the ground in laughter and wiping the tears from their eyes you can make your escape
Penalty for Breaking Bail Bond? David Prater Thinks You Should Pay it on Your Knees in a Car in the
Starbucks Parking Lot
Welcome to Oklahoma County where the corrupt and wicked are shielded by Oklahoma County Sheriff John Whetsel and Oklahoma District Attorney David Prater. This is part one of a story that is going to take some time to unravel but it shows just how corrupt that Oklahoma County District Attorney David Prater is when it comes to protecting his buddies or anyone that he can gain leverage on for political uses.
And let’s face it, our victim isn’t someone you are going to sympathize with, she’s an accused thief, said to have stolen a lawn mower and trailer near Harrah according to the cops, then bailed out of the truck with two other women and ran into the woods. All three were captured eventually and all three are going through the judicial system.
And this isn’t the victim’s first rodeo; she was on her second bondsman after not appearing in court at the required date. Her boy friend located C & K Bail Bonds and hired Kyle Carter to put up the $4,000 bond and for a second time she didn’t show up at the court date. But she shows up at the bail bond office and turned herself in, expecting a walk through jail visit and for the bond to be reposted.
But Kyle Carter isn’t in the office so another bondsman named John Patrick Keefe allegedly cuffs her and puts her in the car for a short trip from South 59th and Penn to the Oklahoma County Jail West of Downtown OKC.
But somehow the woman winds up in Edmond at the Starbucks on 2nd street, allegedly giving a…..uh…Lewinsky/Bill Clinton job to John Patrick Keefe, licensed bail bondsman and private investigator. Consensual? Didn’t appear to be because as at the moment of …..maximum distraction for Mr. Keefe… our victim says she grabs his wallet, key chain, and cell phone and runs into the Starbucks where she commandeers a coffee cup, spits the ….. evidence…. Into the cup, asks the manager to call the police, and hides in the woman’s bathroom.
Edmond Police Department shows up, seizes the ….. evidence…, tries to understand what is going on, why a bail bondsman would drive right pass the Oklahoma County Jail and wind up in a parking lot of a Starbucks over 24 miles from the bail bond office. Let’s see… distance to the jail is 5.2 miles, or I can take her on a date to Starbucks nearly 25 miles away before I drop her off at the county jail. Hmmm… decisions… decisions…. It’s a Friday night for Gods sake, March 6th, what the hell….I’ll take a mocha latte with “cream”.
Mr. John Patrick Keefe was in the news recently protesting his not being issued a gay themed license plate although he swears he is heterosexual, married, and has small children. Looking at his bail bond website, facebook site, and his Youtube videos leaves you wondering if he is all there, if the elevator goes to all floors. A strange dude in many ways.
So far our information is coming from a couple of sources because the Edmond Police Department have locked down any information including the initial police report and the 911 call records. We have been told that his partner Kyle Carter, the bondsman that wrote the bond, is distancing himself from John Patrick Keefe and that the insurance company that covers Keefe’s bonds has removed his ability to write bonds using their surety bond. Edmond PD is super tight lipped (pun intended) and Oklahoma County District Attorneys Office is trying to claim this was a “he said – she said” situation.
Or is it? Did Keefe have the right to arrest the woman? Did he have a right to, for the sake of argument, have consensual sex with her?
For that answer we have to delve into Oklahoma statutes and the history of bail bonds in America. Bondsmen have always been officers of the court and considered jailers in their own right with the ability to go anywhere within the U.S. to seize a fugitive under their bond. The case of Taylor V. Taintor in 1872 lays out the relationship between a fugitive and his bail bondsman:
“When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath, and, if necessary, may break and enter his house for that purpose. The seizure is not made by virtue of new process. None is needed. It is likened to the re arrest by the sheriff of an escaping prisoner. In 6 Modern] it is said, "The bail have their principal on a string, and may pull the string whenever they please, and render him in their discharge." The rights of the bail in civil and criminal cases are the same. They may doubtless permit him to go beyond the limits of the state within which he is to answer, but it is unwise and imprudent to do so; and if any evil ensue, they must bear the burden of the consequences, and cannot cast them upon the obligee.”
Sounds pretty cut and dried, maybe Keefe did have the right to arrest the woman and even take her to Starbucks in a neighboring town, right?
Nope, Keefe is licensed by the State Insurance Department as a bail bondsman. A few thousand bucks and find an insurance company to underwrite your bonds, then you can be a bondsman too. But if you want to hire out as a bail bond enforcer to a licensed bondsman you have to have CLEET certification as a bail bond enforcer. A bit tougher to obtain, you have to be trained, know the law, and get CLEET to give you a spiffy ID card.
Our contacts at CLEET revealed that Mr. John Patrick Keefe had a pending application and was not licensed as a bail bond enforcer. Opps......
Now we have to visit Oklahoma State Statutes to find out if Keefe had the right to nab the woman. Here is the relevant statute that became law on November 1st 2014:
“Notwithstanding any provision of the Bail Enforcement and Licensing Act to the contrary, a licensed bondman in this state may seek assistance from, or provide assistance to, another licensed bondsman in this state or another state for purposes of apprehension and surrender of their defendant client whose undertaking or bail contract was written by the licensed bondsman or a bondsman appointed by an insurer doing business in this state; provided, the licensed bondsmen have a continuously valid licensed for five (5) or more years beginning the effective date of this act. The bondsman licensed in this state shall be required to obtain and maintain proof of the other bondsman's valid license and license duration requirement prior to permitting such person to engage in any act requiring a license in this state."
Emphasis ours, and John Patrick Keefe has only been a bondsman for two years so he is not entitled to arrest anyone other than his own customers without a bail bond enforcement license from CLEET.
Ouch….legally John Patrick Keefe appears to have operated outside the law when he placed the woman in handcuffs. Ask Preston Doerflinger what happens when the police think you have kidnapped a woman.
So legally it appears that this wasn’t an arrest but could be considered a kidnapping. But for the sake of argument let’s set that little inconvenient fact aside and bend over backward to try to justify Oklahoma County District Attorney David Prater’s refusal to charge John Patrick Keefe with sexual assault.
The Supreme Court decision in 1872 said this:
““When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done.”
The bondsmen are simply continuing the imprisonment, keeping their customers on a leash so to speak. They are jailers, authorities acting under color of law with the same restrictions upon them due to the extraordinary power they have over their prisoners. Even consensual sex results in automatic 2nd degree felony rape charges or sexual battery charges being filed against jailers. There has been a rash of women jailers arrested as well on sexual battery charges. Even the American Bar association bars lawyers from having a sexual relationship with a client if the relationship didn’t predate the legal relationship. And Oklahoma Supreme Court justices have sanctioned lawyers for just flirting with a client.
So Oklahoma County District Attorney David Prater once again protects the powerful or those useful for his agenda. A bondsman under his protection can rape clients with impunity regardless of state law on jailer/inmate relationships.
And who else is protecting the powerful and aiding the victimization of those who are most vulnerable?
The story continues soon..... meanwhile you will never look at a Starbucks coffee cup the same way again. Kudos to the Edmond Police Department for doing the right thing and taking the prisoner away from John Patrick Keefe.