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Fri, Jan 09 2009 

Published May 13, 2008 03:14 pm -

Gray defense issues more subpoenas


By BOB GIBBINS

TAHLEQUAH DAILY PRESS

As the trial date for former District Attorney Richard Gray moves closer, his defense team continues to issue subpoenas.

Previously, attorneys Clark Brewster and Rob Nigh filed subpoenas for bank records for witness Clint Johnson at each bank in Cherokee County. Defense attorneys filed subpoenas late Monday for records custodians at the banks to appear when Gray’s trial opens June 2 in Okmulgee.

The records custodians are needed to authenticate the various bank records, an accompanying affidavit states.

Johnson is a key prosecution witness and former drug task force investigator.

Gray is scheduled to be tried on a single embezzlement count, stemming from a multicounty grand jury investigation of his office. He allegedly took nearly $9,000 from a drug task force safe. The defense has denied Gray took any money and has indicated Johnson is a possible suspect.

Attorneys also filed a subpoena directed to District Attorney Jerry Moore or Assistant District Attorney Stuart Erickson as a custodian of records for the Wagoner DA’s office to testify about Johnson’s personnel file.

Assistant Attorneys General Joel-lyn McCormick and Charles Rogers are prosecuting the case.

They filed a motion to list Fred Ellis, an investigator for the AG’s office, as a witness and District Judge H. Michael Claver granted the request.

The trial was moved from Tahlequah to Okmulgee when both sides agreed on a change of venue – or location – for the trial.



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