Attorney says judge will be vindicated - Woodward News

Woodward, Okla. ? An attorney for a Harper County judge indicted Tuesday said his client will be found not guilty on all charges.

"I am positive they will vindicate him. He is innocent and they will return a not guilty verdict when they hear all the evidence," said Stephen Jones of Enid, the lawyer for Harper County District Judge George Wayne Olmstead.

Olmstead was indicted by a multicounty grand jury on 19 counts of downloading obscene materials on his state-issued computer. The indictment, which was unsealed Tuesday, alleges that Olmstead downloaded pornographic videos to state-owned computers.

Olmstead pled not guilty to all counts and is free on $7,000 bail. Jones said the 63-year-old Olmstead will be returning to the bench, as early as today.

Jones said the case is overblown and is "much ado about nothing."

Jones immediately filed a demurrer and a demand for a preliminary hearing on behalf of Olmstead during the judge's initial appearance for arraignment Tuesday.

The demurrer raises issues with the indictment.

"We're raising the issue of irregularities in the grand jury proceeding," Jones said.

VIOLATION OF STATE GUIDELINES

The case will be prosecuted by Assistant Attorney General Charles Rogers.

Rogers said the investigation into Olmstead began when information came in that a state computer was being misused.

"The investigation was undertaken. The evidence was submitted to the grand jury," Rogers said.

That grand jury then issued the indictment that was opened in court Tuesday and led to 19 felony charges against Olmstead.

"An indictment is only an accusation so we must be able to prove it with evidence and that is what the court proceeding will be about," Rogers said.

According to the indictment, Olmstead downloaded 51 pornographic videos over several days in February and March.

The indictment alleges Olmstead downloaded the videos using computers, networks and Internet services that were provided to him to conduct his judicial duties.

In doing so, the indictment accuses Olmstead of violating several state guidelines including:

"The Oklahoma Court Information System may not be used in ways that violate laws, regulations, codes of professional conduct applicable to particular uses, and court rules."

"...when Internet access is provided it shall be used consistent with the particular purpose for providing the access."

"Internet connections may be traced to the originator and users should not visit any inappropriate Internet site..."

"An O.C.I.S. e-mail account or O.C.I.S. provided Internet access shall not be used for any illegal activity. An O.C.I.S. e-mail account or O.C.I.S. provided Internet access shall not be used to send, receive, obtain, download, store, exhibit, publish or distribute any type of obscene material..."

If convicted, Olmstead faces imprisonment up to 10 years and/or a fine between $500 and $20,000 on each of the 19 counts.

Olmstead's next scheduled appearance is set for 2 p.m. on June 14 for a status hearing on further proceedings.

NEW JUDGE TO BE APPOINTED

The judge in the case is undecided.

According to court minutes found online at the On Demand Court Records website, odcr.com, following Olmstead's initial appearance, District Judge of the First Judicial District Greg A. Zigler, recused himself with the consent of the plaintiff and defendant.� The court minutes then show that Zigler then contacted Judge Ray Dean Linder, of the Northwest Administrative Judicial District, to inform him of the need to appoint a new judge to the case.

On Wednesday afternoon, Harper County Court Clerk Linda Smith told The News she did not think another judge had been appointed to the case yet.

"The district judge of District one, which includes the Panhandle and Harper County, has recused himself and notified Judge Ray Dean Linder. Judge Linder will make an assignment who will hear the matter. Linder may assign himself, that is not unusual," Jones said.

Source: http://woodwardnews.net/local/x775915132/Attorney-says-judge-will-be-vindicated

albuquerque bankruptcy bankruptcy lawyers in albuquerque nm bankruptcy attorney albuquerque M Daniels Law www.mdanielslaw.com