Top Stories

Prosecutor suspended for entering ‘inner sanctuary’ of jury

Ethics

Prosecutor gets suspension for invading jury’s ‘inner sanctum’

An Oklahoma lawyer has been suspended for six months for watching real-time jury deliberations on a monitor in a murder case that he prosecuted. (Image from Shutterstock)

An Oklahoma lawyer has been suspended for six months for watching real-time jury deliberations on a monitor in a murder case that he prosecuted.

The Oklahoma Supreme Court suspended former assistant district attorney Isaac Seth Brantley Shields in a March 25 decision.

The Legal Profession Blog published highlights.

Shields violated “the inner sanctum of a jury,” which is “a high breach of trust and a serious interference with the administration of justice,” the Oklahoma Supreme Court said. “It is common knowledge that observing jury deliberations is unacceptable.”

Shields was accused of watching the deliberations video July 1, 2022, in the trial of Chouteau, Oklahoma, man Robert Kent Kraft, according to prior coverage by KJRH.com. There was no audio, according to the Oklahoma Supreme Court.

Shields was an assistant district attorney in Oklahoma’s District 12, which consists of Craig County, Mayes County and Rogers County. He was the lead prosecutor in the trial of Kraft, who claimed that he fatally stabbed another man in self-defense.

Jurors were deliberating in an adjacent courtroom to give them more space during the COVID-19 pandemic. The room was equipped three security cameras which remained on throughout the deliberations. Shields claimed that he was allowed to enter the locked security room because of a security situation involving the defendant’s family trying to enter the courtroom. Security personnel said the incident happened hours later, but they did not know why Shields was allowed in. Shields claimed he was allowed to enter due to a security incident involving a defendant’s family attempting to enter the courtroom. Security personnel said that the incident occurred hours later but did not know the reason Shields was permitted to enter. He returned and left several times. He told a second assistant district attorney, who was the second chair of the trial, to come into the security room. Shields controlled the cameras to zoom in and zoom out and discussed his observations with security officers and the other prosecutor.

At first, there appeared to be a holdout juror, but Kraft was ultimately convicted of first-degree murder. His case is on appeal after a mistrial was granted because of the prosecutors’ jury observations.

A deputy reported his concerns about the prosecutors watching the video. Shields replied that he had been in the room “for 30 minutes” when asked by his supervisors. According to the Oklahoma Supreme Court, “maybe a little bit more or maybe a tiny bit less” is what happened. He also said the video was grainy.

Shields actually observed the jury for more than two hours, according to the state supreme court. Shields “misrepresented and was deceitful regarding the reason he entered the security room, the length of time he watched the jury, and what he observed,” the state supreme court concluded.

Shields “not only observed the jury for over two hours, he failed to disclose that he was doing so to the court, or opposing counsel, even when dealing with jury questions. This is egregious behavior,” the Oklahoma Supreme Court said.

Shields and the other prosecutor self-reported the matter to the Oklahoma Bar Association.

Shields agreed to resign and entered into a deferred prosecution agreement in which he acknowledged violating a law that bans observing or recording jurors. Shields, who served in the military, accepted responsibility for his actions, reported the incident to the Oklahoma Bar Association, and cooperated with the investigation. They included Shields’ military service, his acceptance of responsibility for his actions, his self-reporting of the incident to the Oklahoma Bar Association, and his cooperation in the investigation that followed.

He has been “diligent in completing the terms” of the deferred prosecution agreement and has entered into an agreement with Lawyers Helping Lawyers, a referral service for lawyers, the Oklahoma Supreme Court said.

Shields’ lawyer, Sheila Naifeh, told the ABA Journal that she and her client have no comment on the suspension.

Send a letter to an editor, send a tip or update on a story, or report a mistake.

story originally seen here

Editorial Staff

The American Legal Journal Provides The Latest Legal News From Across The Country To Our Readership Of Attorneys And Other Legal Professionals. Our Mission Is To Keep Our Legal Professionals Up-To-Date, And Well Informed, So They Can Operate At Their Highest Levels.

The American Legal Journal Favicon

Leave a Reply