The Oklahoma Department of Public Safety agreed to return $62,000 to two brothers from Illinois one month after Oklahoma Watch reported on the seizure and the broader issue of civil asset forfeiture. 

Meanwhile, the attorney general’s office is fighting a prisoner’s pro se innocence claim that won over a federal judge, arguing that Channen Smith cannot prove he received ineffective assistance of counsel during his first-degree murder trial. 

A federal lawsuit alleging an Oklahoma prison held dozens of inmates in small shower stalls for days without basic necessities is also progressing. 

Here are updates to several stories Oklahoma Watch has published in recent months: 

Craig County Seizure 

Jimmy and Jabrion Hardin won’t have to go to trial to recover $62,000 in cash seized from them along Interstate 44 in Craig County. 

On July 23, the Department of Public Safety agreed to return the cash, any accrued interest and three firearms seized on Sept. 20, 2024. As part of the agreement, the Hardin brothers cannot file any claims against the state and are responsible for their own attorney fees. 

In June, Oklahoma Watch reported on the seizure, which involved no arrest or criminal charges. The brothers said they tried to provide documentation that the money came from a settlement payout with Juul Labs, but a highway patrol officer took the money, guns and cell phones anyway, suspecting the property to be connected to illicit activity. 

Oklahoma’s civil asset forfeiture laws are among the least restrictive in the nation, requiring only an officer’s reasonable suspicion that money or property is connected to illicit activity. The Legislature has weighed several reform measures over the past decade, many of them with bipartisan support, but none have reached the governor’s desk. 

Drummond Opposes Channen Smith’s Innocence Claim

Oklahoma Attorney General Gentner Drummond is trying to stop the release of Channen Smith, an Oklahoma state prisoner whose pro-se innocence claim won over U.S. District Judge Sara T. Hill in April. 

On July 7, Drummond’s office filed a motion asking the court to reconsider its previous finding of an actual innocence claim, citing “numerous and significant misinterpretations of law and fact.” Investigators with the attorney general’s office wrote they were unable to corroborate several pieces of evidence and allege Smith and his allies offered money for favorable testimony. 

“OAG has found strong evidence that the affidavits submitted to this Court were the product of a coordinated effort to fabricate reasonable doubt and subvert a lawful conviction and sentence,” the filing reads. 

Four days after Drummond’s filing on July 11, four attorneys from the Smolen Law Group filed a notice of appearance to represent Smith. The Tulsa-based civil rights law firm agreed to represent him pro bono, according to Shelly Davis, an advocate for Smith. 

A response to the state’s motion to dismiss the innocence claim is due on Oct. 10. 

Shower Stalls Litigation Continues

A federal lawsuit alleging inhumane treatment of prisoners at the Great Plains Correctional Facility in Hinton in August 2023 may proceed, U.S. District Judge Patrick Wyrick ruled on July 15. 

Wyrick adopted most of the report and recommendation submitted by U.S. Magistrate Judge Shon T. Erwin, which Oklahoma Watch reported on in May. The court will continue to weigh claims that the prisoners faced prolonged confinement in three-by-three shower stalls without access to necessities like fresh water and bedding. Claims against executive director Steven Harpe in his individual and professional capacity were dismissed without prejudice. 

Barring a settlement, the case could go to trial sometime as soon as 2026.

Thoughts, questions or story ideas? Let me know at Kross@Oklahomawatch.org.

— Keaton Ross

Recommended Reading

• Oklahoma agency head steps down following spat with AG: Rick Rose has resigned as the head of the Office of Management and Enterprise Services and chief operating officer, effective Sept. 26. His departure follows a dispute with Attorney General Gentner Drummond, who accused Rose of refusing to process vehicle purchase requests for the AG’s office. [Oklahoma Voice]
• Oklahoma mental health providers caught off guard by $40 million in contract item cuts:
• Mental health providers across Oklahoma say they were blindsided by the Department of Mental Health and Substance Abuse Services’ decision to cut $40 million in contract line items for critical community programs. Many providers were informed only recently and fear service reductions affecting vulnerable populations amid an escalating mental health crisis. [KOSU]Amended protective order petition accuses Commissioner Myles Davidson of sexual assault: A woman working with the state’s circuit engineering districts filed an amended petition accusing Oklahoma County Commissioner Myles Davidson of sexual assault and harassment, alleging two separate incidents, including during a work trip to Philadelphia. Davidson denies the allegations. A hearing on the request for a protective order is scheduled for today, Monday, Sept. 15. [NonDoc]

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