Oklahoma lawmakers want to see DA's text messages about death row inmate Richard Glossip

Two Oklahoma lawmakers are suing a prosecutor for text messages he sent related to a clemency hearing of a death row inmate.

Representatives Kevin McDugle and Justin Humphrey allege District Attorney Jason Hicks violated the Open Records Act by withholding public records concerning death row inmate Richard Glossip.

The lawmakers, who filed suit last month in Stephens County and are Glossip advocates, allege Hicks, who serves as district attorney for Stephens, Caddo, Grady and Jefferson counties, has withheld some public records regarding his involvement in Glossip’s clemency case.

The lawsuit alleges that Hicks exchanged emails and text messages before and after Glossip’s April 26 clemency hearing in front of the Pardon and Parole Board. The five-member Oklahoma Pardon and Parole Board ultimately denied Glossip clemency on a 2-2 vote. The fifth member recused himself due to a conflict of interest.

McDugle and Humphrey contend Hicks’ text exchanges should be public record. Hicks, who was among the prosecutors who attended the hearing to show support for victim Barry Van Treese’s family, argues that they’re private communications.

Hicks has contended that his attendance at the hearing was private business rather than public.

He previously agreed to release three emails and one tweet, but declined to produce the texts, arguing that they were not a public record and are protected as personal communications, according to the suit.

But the lawsuit alleges that Hicks on May 4 sought and later received reimbursement from the state for travel to the clemency hearing.

In June, Hicks reimbursed the state for the $111.35 he claimed, according to the filing. Hicks said he made the claim in error, according to the suit.

More: Oklahoma's death penalty system is broken, commission tells lawmakers

Hicks also wore his Oklahoma District Attorney gold lapel pin to the hearing and sat in the section reserved for district attorneys, the suit alleges.

“This is a complete end run around the ORA (Open Records Act) and should not be permitted or condoned,” an attorney for the two lawmakers wrote. “The Defendant should not be able to cleanse his activities after the fact.”

On Friday, Hicks filed a motion to dismiss the lawsuit.

The motion alleges McDugle and Humphrey never actually requested records, but another attorney did.

“In short, under the Act, it is impossible for a person to be denied something if he has never requested it,” the motion to dismiss said. “And, Plaintiffs have NEVER requested any record from Hicks.”

“I look forward to litigating this fully in a court of law,” Hicks said by phone Friday. He declined to comment further.

The two lawmakers also filed similar open records requests with other prosecutors who attended the hearing, according to the lawsuit. Five provided records that included emails and text messages.

Richard Glossip execution on hold while US Supreme Court reviews case

Glossip was set to die May 18 for the 1997 killing of Van Treese, who owned an Oklahoma City motel where Glossip worked, but  the U.S. Supreme Court on May 5 put the execution on hold to review the case.

Oklahoma Attorney General Gentner Drummond took the unusual step of supporting Glossip’s clemency request, saying he did not believe Glossip was guilty of first-degree murder beyond a reasonable doubt.

Humphrey said he believes that prosecutors are using their positions to influence outcomes in death row clemency hearings.

The suit also alleges that former Pardon and Parole Board member and retired prosecutor Cathy Stocker, one the two votes against clemency, communicated with District Attorney Mike Fields before and after the clemency hearing. Fields, who succeeded Stocker as prosecutor for District 4, also attended the hearing, according to the lawsuit.

More: Death row inmate Richard Glossip gets execution stay from US Supreme Court

Fields, who announced in October that he was leaving the office effective Jan. 1, served as district attorney for Garfield, Grant, Kingfisher, Canadian and Blaine counties. The lawsuit notes that Fields provided emails and text messages in response to an open records request.

Stocker had a conflict of interest and should have recused herself from the vote, said Corbin Brewster, a private attorney representing McDugle and Humphrey. Brewster previously served as Tulsa County chief public defender.

Stocker declined to comment.

Glossip is suing the Pardon and Parole Board, alleging the state was required to provide him a clemency hearing with five impartial members.

When a member recuses, such as in Glossip’s case, the prisoner’s burden of persuasion rises to 75 percent from 60 percent, the suit alleges. Three votes are required to recommend clemency to the governor.

Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: info@oklahomavoice.com. Follow Oklahoma Voice on Facebook and Twitter.

This article originally appeared on Oklahoman: Lawmakers want to see texts sent by DA Jason Hicks about Richard Glossip