Gassaway Acquitted - Jury Says He Was Setup
I had a feeling this was a Wes Lane/OKCPD setup - and a jury has now said that's exactly what happened. Oklahoma County should be sooo glad Lane is gone. It should be remembered that a thread here at OKCTalk had Gassaway guilty. He DID accept the offer from the woman - but that's not illegal, just unethical. The jury agreed that he was the victim of a setup. I don't particularly like Mike Gassaway, but Lane and a few cop friends went too far (surprise, surprise). Again, be glad Lane is far away from the DA's office. I am sure Prater is going to be so glad when all of Lane's witchhunt/vendetta cases are off the dockets and gone for good.
ON EDIT: I was just told by a friend that The Oklahoman was off the mark on not reporting on some of the testimony which is what swayed the jury. Apparently, there was just no question about it. And he said, "shame on Sandra Elliott for trying to confuse the jury after the damning testimony." IMO, she should be the next to go. Actually, she should have been gone after the Lane/Elliott Terry Nichols fiasco.
Attorney acquitted of charge
Jay F. Marks
Staff Writer
There was little debate Tuesday as an Oklahoma County jury decided attorney Mike Gassaway was not guilty of soliciting sex from a client.
"It was an easy decision,” juror Roxy Hakin said after the three-man, three-woman panel deliberated for about half an hour.
Hakin, 26, said jurors were swayed by defense attorney Scott Adams' argument that the 56-year-old Oklahoma City attorney was set up by police.
Gassaway was arrested in March 2006 after a client, who was working with Oklahoma City vice detectives, approached him about reducing his fee for legal services.
Gassaway was charged with a misdemeanor count of soliciting prostitution because he allegedly suggested he would cut his fee if the woman performed a sex act on him.
Adams maintained the woman initiated the conversation about exchanging sex for a reduced fee.
"She's the one that came up with the program, and she asked Mr. Gassaway. Unfortunately, he accepted,” Adams said. "It's disgusting, but it's not illegal.”
He urged jurors to put aside their disdain for Gassaway's actions and find him not guilty.
Prosecutor Sandra Elliott had argued it did not matter who broached the idea of trading sex for a reduced fee.
She said Gassaway was guilty because he repeatedly urged the woman to perform oral sex on him.
"That's all the statute requires,” Elliott said in her closing argument.
The trial, which drew a crowd to the small sixth-floor courtroom, ended after only three witnesses had taken the stand. Gassaway did not testify or call any witnesses on his behalf.
Gassaway referred all questions to his attorney after he was acquitted. He looked exhausted from the two-day trial as he slumped on a bench outside the courtroom with his wife.
"We're just glad it's over,” Adams said. "It gets a lot of weight off Mike.”
Bar complaint remains
The misdemeanor charge carried up to a year in jail and a $2,500 fine if Gassaway had been convicted, but the ramifications on his career could be even more severe.
The state Supreme Court has been asked to discipline Gassaway for a range of misconduct, including several similar allegations to the one that put him on trial.
A trial on the complaint filed by the Oklahoma Bar Association has been set for July.
Dan Murdock, the bar association's general counsel, said he does not expect Gassaway's acquittal on the criminal charge to affect the disciplinary action.
There is a lower burden of proof on the bar compliant, which accuses Gassaway of violating the rules of ethical conduct for attorneys, Murdock said.
Gassaway could lose his license to practice law if the state Supreme Court agrees with the complaint filed in January.
His attorney has said the accusations are baseless because they came from angry former clients and prosecutors who don't want Gassaway around anymore.
Gassaway surrendered his license in 1995 after being convicted on federal income tax violations for the second time. He was reinstated in 2002.
Originally Posted by mranderson
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