Gary James & Associates of Oklahoma City issued a press release on Friday in a counter-statement to claims recently made by District 1 County Commissioner John Wayne Williams.
Williams’ public release was published in the weekend edition of this newspaper. The press release from Gary James & Associates was received by this newspaper late Friday afternoon, after the weekend edition had printed.
The law firm’s press release is as follows.
“The following information is being provided to correct inaccurate information recently released from McCurtain County District 1 Commissioner John Wayne Williams.
“This Law Firm was retained by the McCurtain County Jail Trust Authority on July 11, 2023, as Counsel, to provide legal representation to the McCurtain County Jail Trust Authority pursuant to 19 O.S. § 904.5 and the McCurtain County Jail Trust Indenture dated, August 3, 1998, Article VI, Section 5 and Article VI, Section 11.
“This retention was by a unanimous vote of the McCurtain County Jail Trust Authority Trustees, including John Williams. As such, there should be no mistake that this Law Firm is acting under lawful authority in representing the McCurtain County Jail Trust Authority.
“The following facts represent a factual account of the recent incident where in this Law Firm requested that all records of the McCurtain County Jail Trust Authority be retained in a secured area of the McCurtain County Sheriff’s Office.
“1. On Thursday, July 27, 2023, at approximately 4: 15 p.m., I was informed by the Chairman of the McCurtain County Jail Trust Authority, Sheriff Kevin Clardy that various records of the McCurtain County Jail Trust Authority could not be located.
“2. Upon learning of possible missing records, I immediately instructed Sheriff Kevin Clardy to secure all other records of the McCurtain County Jail Trust Authority.
“3. This was followed up by a formal letter from my firm to secure those records. Contrary to other statements, this was not a letter from a “private law firm”, but from the firm acting as the Legal Counsel to the McCurtain County Jail Trust Authority.
“4. Sheriff Clardy immediately went to the McCurtain County Board of Commissioners Office to secure the records that were being held there. The office was not open and was locked.
“5. The Board of County Commissioners Office was closed on Friday, July 28, 2023.
“6. Sheriff Clardy was not available on Monday, July 31, 2023, as he was in Oklahoma City conducting business of the McCurtain County Sheriff’s Office.
“7. On Tuesday, August 1, 2023, I conducted a phone conference with Sheriff Clardy and Commissioner John Williams. Commissioner Williams informed us that no documents could leave the Board of County Commissioners Office without his review. I stated to him that we would copy them in his presence and leave a copy at the Board of County Commissioners Office.
“Somewhere during this conversation, Commissioner Williams hung up the phone.
“8. I instructed Sheriff Clardy to go to the Board of County Commissioners Office, make copies of all records, but retain the original documents to be held in a secured evidence area.
“9. The McCurtain County Jail Trust Authority has a legal and ethical duty to retain all records of the McCurtain County Jail Trust Authority.
“10. Presently, there are lawsuits pending against the McCurtain County Jail Trust Authority. The McCurtain County Jail Trust Authority, including this Law Firm have a legal duty to ensure that no evidence has been misplaced, stolen or destroyed.
“11. It was apparent by the information provided to this Law Firm that the records of the McCurtain County Jail Trust Authority may not be properly secured in the Office of the McCurtain County Board of Commissioners.
- There is no legal requirement that the records of the McCurtain County Jail Trust Authority be held at the McCurtain County Board of Commissioners Office.
“13. Counsel for the McCurtain County Jail Trust has had discussions with District Attorney Mark Matloff surrounding the missing documents. Upon request by Sheriff Kevin Clardy and with the agreement of District Attorney Mark Matloff, a formal investigation was requested to be conducted by the Oklahoma State Bureau of Investigation into the missing records.
“14. McCurtain County Jail Trust Authority will cooperate with the Oklahoma State Bureau of Investigation into determining if any records are missing.”
