Published: October 21, 2009 10:06 pm      

Kee calls for investigation of MPD

MARLOW — In less than four months, two cases have been dismissed in Stephens County District Court because Marlow police officers didn’t conduct proper investigations. One was dismissed based on an illegal entry and search in a residence and the second case was dismissed due to officers being outside their city jurisdiction.

Now Duncan attorney James L. Kee said he could be seeking a petition for a grand jury investigation into the department, specifically for four of the officers, including Chief Bob Hill. His request comes after the dismissal of his client’s case on Friday, in which Marlow officers gave false testimony.

“The District Attorney was courageous in his dismissal of the case,” Kee said Tuesday. Along with Hill, Kee wants Randy Johnson, Rodney Richards and Tony Aguilera investigated.

Kee said Tuesday that bogus tapes were made and used in the preliminary hearing of his defendant Friday showing that the officers conducted a chase outside of the Marlow city jurisdiction.

“There is strong evidence that Chief Police Bob Hill was involved in making the bogus tape and conspired with them to commit perjury,” Kee said.

According to Kswo.com, Marlow City Manager Janice Cain said Tuesday that two officers were placed on administrative leave. Cain could not be reached for confirmation and other city officials could not confirm this late Wednesday. Attempts to reach Hill were also unsuccessful.

Kee was adamant though, that Marlow Officer Daniel Smith’s name not be tarnished from this, and said Smith testified truly on the stand. Burns also noted this Friday.

“Policemen are not immune or given a free pass if they break the law,” Kee said. “Perjury is a crime and wrong doing must be balanced with deserved punishment.”

As Kee began working for a defense of his client he discovered that several things didn’t appear right, including the “bogus tapes.” Kee also mentioned that an affidavit filed indicates a count of perjury and said he believes this case has several perjury counts that can be filed against the officers. He and Burns are also concerned about the discrepancy of a substantial amount of methamphetamine that was confiscated.

“The other big thing on this case is that Rodney Richards weighed 30.4 grams and then when the OSBI (Oklahoma State Bureau of Investigation) weighed it, it was 20.8 grams,” Kee said.

In the case that was dismissed June 29, court evidence revealed that Aguilera gained illegal entry in a private residence, and performed an illegal search. The defendant in that case was charged with two counts of burglary.

During that preliminary hearing in June, in Judge Carl LaMar’s courtroom, the evidence was heard and LaMar ruled a dismissal.

District Attorney Bret Burns said then that he agreed with the judge’s decision.

Then again, on Friday (Oct. 16) the case against Kee’s client was brought into district court and this time Burns requested charges be dropped due to testimony inconsistencies given by Richards, Johnson and Hill.

Again, LaMar was the judge and he granted Burns request.

Burns also said Friday that he would like Marlow to conduct an internal investigation.

Kee does not believe that Marlow should conduct its own investigation and discipline. He wants the community’s support in petitioning for a grand jury investigation.

“The evidence is serious enough that it should be investigated by an independent agency,” he said.

In 2006, while employed as a deputy with the Stephens County Sheriff’s Department when Jimmie Bruner was sheriff, Richards was indicted for lying to investigators on a case. He was found not guilty by a jury.