Okla. Officer Denied Restraining Order in Fight With DA

Feb. 6, 2013
A federal judge has denied a request for a temporary restraining order filed by a Claremore police officer against the Rogers County district attorney.

A federal judge has denied a request for a temporary restraining order filed by a Claremore police officer against the Rogers County district attorney, records show.

John Singer had sought to block Janice Steidley, the district attorney for Rogers, Mayes and Craig counties, and First Assistant District Attorney Bryce Lair from disseminating any alleged "Giglio" material or other alleged falsehoods related to him, saying such action had caused irreparable damage to his reputation, employment and effectiveness as an investigator.

In an order filed Monday, U.S. Chief District Judge Gregory Frizzell denied Singer's request, writing that "at this early stage, Singer has not provided evidence to demonstrate either irreparable harm, or that he has a substantial likelihood of prevailing on the merits."

The defendants have 21 days to respond to Singer's motion for a preliminary injunction, records indicate. Singer, who says he has been denied due process, is seeking unspecified actual and punitive damages.

"Giglio" material refers to a 1972 Supreme Court case which mandates that the prosecution disclose any and all information that could impeach the credibility of prosecution witnesses, including law enforcement officers. Steidley said last week that misstatements made by Singer in a criminal case constitute Giglio material.

In explaining his decision, Frizzell wrote that to obtain a temporary restraining order, Singer must show, among other things, irreparable harm to himself if the injunction is not granted.

The judge added that although "reputational harm and possible loss are potentially irreparable," it "also is possible the alleged harms are not irreparable."

According to Singer's complaint, the Giglio tag is the prosecutors' revenge for his criticisms of the District Attorney's Office, his participation in the background investigation of a former district attorney's investigator, Steidley's concern that Singer's wife was going to run against her for district attorney, and the prosecutors' assumption that Singer was the principal source for a Jan. 6 Claremore Progress newspaper story that was critical of Steidley's prosecutions of drug offenses investigated by Singer.

Soon after Steidley was elected district attorney in 2000, Singer concluded that her performance was "substandard," and he became a vocal critic, the lawsuit states.

Steidley issued a statement Tuesday on behalf of Lair and herself, saying, "We categorically deny every accusation of misconduct, improper conduct, violation of due process, violation of Constitutional rights and other totally unfounded allegations made by John Singer."

The statement continued: "We will continue to operate our office in a professional manner that fully respects victims, witnesses, defendants and the taxpayers who pay our salaries and rely on our integrity. We will not be sidetracked by baseless threats designed to impede the administration of justice."

Copyright 2013 - Tulsa World, Okla.

McClatchy-Tribune News Service

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