Defense claims over attorney-client jail calls rejected as sentencing reset for July 22
OKLAHOMA CITY — An Oklahoma County judge on Thursday denied Brent Swadley’s requests for an evidentiary hearing and an appeal bond, then postponed sentencing until next week in the former state park restaurant contractor’s fraud case.
District Judge Susan Stallings rejected arguments from Swadley’s attorneys that the Oklahoma Attorney General’s Office improperly intercepted confidential attorney-client jail phone calls while he has been awaiting sentencing. The defense argued the alleged recordings violated Swadley’s Sixth Amendment right to counsel and sought an evidentiary hearing on the issue.
Stallings denied the request, ruling that it is the defendant’s responsibility to safeguard privileged communications and noting that inmates know jail phone calls are recorded.
The judge also denied Swadley’s request for an appeal bond, meaning he will remain in custody pending sentencing. She continued the sentencing hearing until July 22.
Swadley’s attorneys have alleged the Attorney General’s Office improperly monitored, downloaded and retained more than 25 attorney-client telephone calls while he was housed in the Oklahoma County Detention Center, giving prosecutors an unfair tactical advantage.
The Attorney General’s Office has denied those allegations, saying it has protocols in place to protect attorney-client privilege and disputing claims that prosecutors improperly monitored protected communications. Attorney General Gentner Drummond has said the office takes its Sixth Amendment obligations seriously and will vigorously defend its actions.
Following Thursday’s hearing, Swadley’s attorneys said they would continue pursuing the issue.
“While we are disappointed in the judge’s ruling today, we will continue to pursue all legal remedies on behalf of Mr. Swadley,” the defense said in a statement. “The hearing today exposed serious concerns regarding the handling of attorney-client communications and that’s something that should concern every fair-minded Oklahoman.”
A jury convicted Swadley in May on six felony counts, including conspiracy to defraud the state, in connection with allegations that his company submitted false invoices and inflated costs while operating restaurants at Oklahoma state parks under a contract with the Oklahoma Tourism and Recreation Department. Prosecutors have requested a 10-year prison sentence.
Thursday’s rulings leave the conviction intact while postponing only the sentencing phase of the case.
Sources: Oklahoma County District Court docket; KOKH Fox 25; KOCO 5.
