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MyraB
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Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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For MyraB: I just found out that Oklahoma State Bureau of

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For MyraB: I just found out that Oklahoma State Bureau of Investigation (OSBI) ordered an excerpt from the transcript of a case of negligent homicide. The excerpt was the testimony of their criminologist. I also contacted ASCLD, the organization that accredits OSBI and they confirmed that an investigation is going on and should be completed "in the near future." In this case wouldn't OSBI have to give the results of that investigation to the petitioner since he is pro se in his post conviction relief effort? And since OSBI ordered the transcript excerpt from the trial judge's court reporter, is the judge likely to postpone any decision on the PCR until after that investigation of the OSBI witness is concluded?


 


Another question came to mind.  Since it appears OSBI is doing the investigation will they also investigate the prosecutors who were state counsel for this case  to see if they knew the toxicologist testimony was erroneous?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.
Hello and thank you for your question.

As I believe I mentioned before, if the OSBI finds any misconduct or that the expert's testimony was not scientifically valid, then as a state agency it would be required to reveal its findings. If this is an isolated incident, they would likely do so by notifying the Attorney General's office, and likely the court, the prosecutor and defendant, and the person who filed any complaint or request for investigation.

The ongoing investigation should not hold up the consideration of the APCR, unless the defendant wants to wait for the results of the investigation. There is no guarantee that the results of the OSBI investigation would find any impropriety. It is an internal investigation of one of its own, and I have no way of telling how thorough or unbiased the review will be, or how long it will take. The defendant could, however, use the fact of the investigation in his favor. One approach may be to request, in the alternative, that if the judge is inclined to deny the APCR that he either delay the ruling, or specifically leave open the possibility of re-argument or further hearing if the results of the OSBI investigation supports the defendant's arguments.

Please feel free to ask any follow-up questions.

Customer: replied 1 year ago.


Thank you for your response. I edited in another question that may not have gotten to you before your response. Here it is again:


 


Another question came to mind. Since it appears OSBI is doing the investigation will they also investigate the prosecutors who were state counsel for this case to see if they knew the toxicologist testimony was erroneous?

Expert:  MyraB replied 1 year ago.
Hello and thank you for bringing the additional question to my attention.

The OSBI will not investigate the prosecutor as it would be beyond the scope of its authority. It doesn't have jurisdiction to do so. However, if the results are turned over to the Attorney General, that office would have authority to investigate the prosecutor, and, of course, the results could be used as the basis of a complaint to the state bar which would also have authority to investigate the prosecutor.

Let me know if you need any further information.
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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Customer: replied 1 year ago.


You said in a previous post:


"As I believe I mentioned before, if the OSBI finds any misconduct or that the expert's testimony was not scientifically valid, then as a state agency it would be required to reveal its findings. If this is an isolated incident, they would likely do so by notifying the Attorney General's office, and likely the court, the prosecutor and defendant, and the person who filed any complaint or request for investigation."


 


Would this also be posted on the court website with the other case information.

Expert:  MyraB replied 1 year ago.
Thank you for your response.

It is unlikely that it would be posted on the court website with the other case information. The agency would likely notify the Attorney General, who would in turn notify the prosecutor and defendant and the agency would likely notify the person who filed the complaint. The prosecutor and defendant would have the opportunity to bring the findings to the attention of the judge. The Attorney General might also notify the court, but that would likely be through a letter addressed to the judge. Generally, the only documents that get filed and posted as part of the case are those from the parties or requests for documents from the court, such as the one for a portion of the transcript. It would be a rather unusual situation so I am just going by my understanding of how the results of the investigation was handled in the Massachusetts case that uncovered misconduct with the state lab analyst.

Let me know if you need any further information.
Customer: replied 1 year ago.


Would the findings go to all those persons even if the investigation found that his testimony was ok or will it be sent only if there is something favorable to the defendant and unfavorable to the witness and prosecution?

Expert:  MyraB replied 1 year ago.

It would likely only be reported if there was misconduct or testimony that was not scientifically supported which might have an impact on any decisions or outcomes where the expert testified, and certainly in your son's case because it specifically involves that case. If the investigation uncovered or found no wrongdoing or suspect testimony, then it is likely it would not be reported. That doesn't mean there was no misconduct or unsupported testimony, but only that the internal investigation did not conclude that there was anything to report. It is likely the person who made the complaint would receive notice of any findings.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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