Appeal of ruling halts sentencing in state fraud case
OKLAHOMA CITY — Brent Swadley’s sentencing in his state fraud case was delayed again Wednesday after a judge denied his request to step aside from the case, prompting an immediate appeal that suspended the sentencing proceedings.
According to the Oklahoma State Courts Network, Oklahoma County District Judge Susan Stallings conducted an in-camera hearing Wednesday morning with Swadley appearing in custody alongside his attorneys. Following the hearing, the defense appealed Stallings’ refusal to recuse herself, preventing sentencing from moving forward as scheduled.
The OSCN docket reflects only that an in-camera hearing was held Wednesday. It does not yet indicate when sentencing will be rescheduled.
The latest delay follows a series of rulings issued by Stallings during a July 16 hearing.
According to court records, the judge granted the state’s motion to quash a defense subpoena, denied Swadley’s application for injunctive relief and evidentiary hearing, denied his request for an appeal bond and granted in part a motion to continue sentencing. At the conclusion of that hearing, sentencing was reset for July 22.
The defense’s request for injunctive relief stemmed from allegations that the Oklahoma Attorney General’s Office improperly monitored attorney-client telephone calls while Swadley was being held in the Oklahoma County jail. Prosecutors have denied those allegations.
Wednesday’s proceedings introduced a separate issue into the case.
According to KOCO, Swadley’s attorneys sought Stallings’ recusal, alleging she improperly communicated with jurors following his conviction. Stallings denied the request, and the defense immediately appealed that decision, ending Wednesday’s sentencing proceedings before punishment could be imposed.
A jury convicted Swadley in May of conspiring to defraud the State of Oklahoma in connection with contracts to operate restaurants at Oklahoma state parks.
Prosecutors alleged Swadley’s company submitted false invoices to the Oklahoma Tourism and Recreation Department and directed a restaurant equipment supplier to create inflated invoices. The attorney general’s office has asked the court to impose a 10-year prison sentence.
No new sentencing date had been entered into the OSCN docket as of Wednesday afternoon.
This story is based on Oklahoma County court records and reporting by KOCO 5.
