On Monday, December 23, 2024, McAlester News-Capital reported that the Oklahoma Court of Criminal Appeals denied a third and final request to remove a judge from the major embezzlement case against the co-founders of Epic Charter School, potentially concluding a protracted dispute that has delayed proceedings for several months.

The appeals court made its decision earlier this month, stating it would not consider the request from defense attorney Joe White to disqualify Oklahoma County District Judge Susan Stallings. White’s request was deemed untimely, as it was filed on November 8, following two previous denials in district court. He accused Stallings of showing bias in favor of the prosecution.

The Attorney General’s Office highlighted the prolonged nature of the case, describing it as “unusually protracted” and urged the appeals court to dismiss White’s request. Phil Bacharach, a spokesperson for the Attorney General’s Office, confirmed there would be no further opportunities for appeal at this stage. “We look forward to proceeding with the prosecution,” he stated following the court’s ruling.

Typically, disputes regarding judge recusals are resolved privately, with few escalating to public hearings or appeals. Records indicate that the Court of Criminal Appeals has not ruled on a judge’s disqualification in at least the past three years.

White’s accusations against Stallings included claims of her being an “advocate for the prosecution” due to her prior work with the Oklahoma County District Attorney’s Office during the investigation into Epic Charter School. He argued that her connection to former District Attorney David Prater, who was involved in the case, compromised her impartiality. In response, Stallings insisted she was unaware of the Epic investigation during her tenure in the DA’s office, which ended four years prior to her judicial appointment.

White also suggested that Stallings should have disclosed her previous employment sooner and expressed concerns about her alleged bias towards her former colleague, Jimmy Harmon, who is now leading the prosecution. He described his experience in her courtroom as feeling like he was “fighting two fights.”

Stallings denied White’s initial request for her recusal on August 15, which prompted an appeal to the county’s chief judge, Richard Ogden. Ogden upheld Stallings’ position, stating there was no evidence to suggest she could not be impartial.

The Attorney General’s Office defended Stallings, asserting that White’s third request lacked merit and was filed too late. They argued that his grievances did not substantiate claims of judicial partiality.

While the disqualification issue was being resolved, two critical questions remained unanswered in the case: whether there was sufficient probable cause to proceed to trial against the Epic co-founders, and whether Chaney’s attorney, Gary Wood, would be removed. A preliminary hearing to assess probable cause has been on hold since March.

The prosecution’s key witness, former Epic Chief Financial Officer Josh Brock, raised concerns about Wood’s involvement, claiming he could not cross-examine a former client. Brock has sought to have Wood and his law firm removed from the case.

Resolution of the judge dispute is seen as a necessary step before addressing these remaining uncertainties. Notably, Brock’s case has advanced further than that of Harris and Chaney. He waived his preliminary hearing, was arraigned in April, and entered a not guilty plea.

Despite his initial plea, Brock later reached a plea bargain with the prosecution that would allow him to avoid prison time in exchange for his testimony against Harris and Chaney. Under this agreement, Brock acknowledged he would plead guilty and become a convicted felon.

During the initial week of the preliminary hearing for Harris and Chaney, Brock testified that he falsified invoices at Epic to justify payments to the co-founders’ company, Epic Youth Services. He indicated that some invoices were charged for services that were never rendered, highlighting a pattern of financial mismanagement.

Brock claimed that the co-founders adhered to a philosophy of “minimize expenses, maximize profit,” exploiting Epic’s resources to grow their business. Additionally, he confirmed that they misused funds from the Learning Fund, a financial resource intended to support Epic students, for personal expenditures and political donations.

Harris and Chaney assert that the Learning Fund, owned by their private company, could not be embezzled. Since May 2021, neither Harris nor Chaney has had any affiliation with Epic Charter School, following the governing board’s decision to sever ties with them.

 

 

Source: McAlester News-Capital