From The Files of

The Seminole Producer

WEWOKA- A number of Seminole County attorneys have endorsed a resolution commending District Judge Frank H. Seay for his work in “expediting and administering the civil and criminal court dockets.” The resolution, endorsed by 20 practicing attorneys and members of the Seminole County Bar, was issued today in response to District Attorney Roy Powell’s criticism of Judge Seay’s handling of the court dockets.

Powell, who will be probed by a Seminole County Grand Jury, said he could not get speedy trials of cases before Judge Seay.

The resolution adds to the controversy surrounding Powell and the ongoing feud between the district attorney and Sheriff Bill Merryfield of Seminole, who circulated a petition which resulted in a grand jury being convened by Seay to probe Powell. One of those who endorsed the resolution commending Seay was former longtime State Senator Allen G. Nichols of Wewoka.

Powell last week told a Wewoka newspaper that he felt Seay is sympathetic to Merryfield.

Judge Seay, contacted by newsmen about Powell’s statement, responded that he was “neutral as a district judge should be and must be” toward all parties concerned with the grand jury.

The attorneys’ resolution released today stated: “We do hereby endorse and commend Judge Frank Howell Seay for the outstanding service he has rendered the public and court system during his tenure as district judge … and specifically endorse and commend his dutiful, diligent and tireless efforts in expediting and administering the civil and criminal court dockets.”

Powell told the Wewoka paper, “I have at least 25 felony cases I can not get to court under Seay until September. I’m going to transfer my criminal cases to the Seminole Division of Seminole County District Court.”

Seay said last week after Powell’s statements were made that as soon as the grand jury is completed, then “I’ll take a careful look at the docket and if we need to have another trial docket, then I’ll call a jury and we’ll dispose of the cases.”

“Today, however, the docket is in good shape,” the judge said. -oOo WEWOKA- A Seminole County Grand Jury’s probe of alleged law violations was stymied temporarily Tuesday afternoon when one of the 12 jurors was dismissed from the panel.

This afternoon, however, a 12th juror is to be selected to fill the gap and the grand jury is expected to resume its investigation of public offices and officials Thursday.

District Judge Frank H. Seay dismissed juror Benjamin Brown of Seminole after it was determined he did not meet statutory requirements to be a juror.

Attorney General Assistants Paul Crowe and Bob McDonald, who are advising the grand jury. thanked Brown for assisting with the grand jury.

“He would have made an excellent grand juror, and we wish he could have stayed,” McDonald said. “However, he was not qualified under state statues. We do wish to thank him for volunteering to serve.”

Judge Seay said it was unfortunate that Brown was disqualified and the grand jury probe delayed. “Mr. Brown nor the court was aware that he was not qualified to serve when the jury was seated Monday,” Seay said.

After Brown was disqualified at 1:30 p.m. Tuesday, Judge Seay ordered that the county’s jury hopper, which contains the names of all registered voters in the county, be brought to the courtroom and the names of 30 prospective jurors be drawn in accordance with state law.

Judge Seay ordered sheriff’s deputies to deliver summons to the 30 immediately and order them to report to the district courtroom here at 1 p.m. today for service as a possible grand juror to replace Brown.

The district judge said hopefully that out of the 30 a 12th qualified grand juror could be picked and the grand jury probe resumed.

Crowe informed the court Tuesday that the 11 remaining grand jury members said they would adjourn until the selection of the 12th juror began this afternoon.

Names of the 30 were kept secret from outsiders. Judge Seay, who himself does not know who was drawn, said the names would be revealed in this af on’s court session.

Crowe, who is chief of the federal prosecution division of State Attorney General Larry Derryberry’s office, said the grand jury may be forced to tour county jails again Thursday because a new juror is seated.

“State laws require that the jury function as a body of 12 and I would imagine that we’ll have to load the jury back up on the bus and tour the Wewoka, Seminole and Konawa jails again,” Crowe said.

The grand jury toured the public jails in accordance with state law Tuesday morning before it was learned Brown was disqualified as a juror Tuesday afternoon.

The remaining 11 qualified jurors are: foreman Norman Boggs of Seminole, Nancy Lee Stallcup of Route 3, Seminole, Iva Combs of Seminole, Randall Norman of rural Sasakwa; Sam Mitchell of Route 3, Seminole, Byrd Lane of Wewoka, Donna Jean McGowen of Route 2, Seminole, Gene H. Clapp of Route 1, Earlsboro, Gerald Loyd Davis of Bowlegs, Mrs. E. V. Christopher of Wewoka and Mrs. Mattie Dillman of Wewoka.

Mrs. Dillman’s name was inadvertently left out of a list of grand jury members names in Tuesday’s Producer.

-oOo Former state barber board Secretary Phil Nicholson of Seminole said here today he still has no opinion “one way or the other” as to whether he will accept reappointment to the barber board if it is offered.

“I don’t know what the governor is going to do,” Nicholson said today in response to a report that Gov. David Boren, who appointed Nicholson to the board a year ago, was seeking input for members of a house committee as to whether Nicholson should be re-appointed.

Nicholson stepped down from the barber board in March in the wake of an investigation by a House panel into activities of the board.

It was disclosed during course of the probe that Nicholson had made over $1,800 worth of telephone cells to the governor’s office at state expense during the past year, but the chairman of the House committee said later he believes the calls were made in the interest of “straightening out” the barber board.

“Those calls were made on barber board business,” Nicholson said today.

The Daily Oklahoman reported today that Nicholson’s name and that of former board member B. E. Fagan of Broken Bow will be forwarded to the state attorney general for recovery of some money paid out in travel claims.

Nicholson responded today, saying “I can prove I’ve been everywhere the travel claims say I’ve been.” He also said he had less than $400 in travel claims during his entire 12 months on the board. The Oklahoman reported today that Boren, who was one of Nicholson’s customers when he served as a state representative from Seminole, was seeking input from members of the House committee concerning possible reinstatement for Nicholson.

State Kep. Bob Parris, D-Sallisaw, the committee chair-man, and the vice-chairman, Rep. Glenn Floyd, D-Norman, were both reported “leaning” in favor of Nicholson’s reappointment Tuesday, the Oklahoman said. But three other members of the six-member panel were reported by the newspaper to have expressed disfavor at the idea.

“I just don’t know what the governor’s going to do,” Nicholson said today. “Whatever he does, I’m for it.”

“As for me, I’m tired. I’ve had a whole year of barber business.” Nicholson had stated earlier that he would consult members of his family if Boren does indeed offer him reappointment to the barber board before making a decision.

The House committee submitted their preliminary findings Tuesday, and Boren acted on their recommendations and removed barber board chairman A. B. Couch of Edmond.

Parris said the committee wanted Couch out because of testimony Couch allegedly traded barber licenses for personal favors from at least one person, a charge Couch has denied.