WEWOKA-District Attorney Roy Powell allegedly turned over confidential evidence concerning a Seminole County audit to the county commissioners who were accused of law violations in the audit, the Producer has learned.

A Seminole County grand jury convened here Wednesday afternoon and called Powell as its first witness. The district attorney apparently was drilled by the jury concerning his alleged release of the evidence to the commissioners.

Assistant Atty. Gen Paul Crowe reportedly questioned Powell before the jury about the alleged incident which has raised questions of possible “ malfeasance in office” upon Powell’s part. Powell’s 40-minute appearance before the jurors apparently was marked by a loud and at times somewhat heated exchange of questions and answers.

Following his appearance before the jury, Powell went to his office and returned to the district courtroom with an armload of audit copies which he presented to the grand jury.

The district attorney later told the Producer his office made 14 copies of the official audit, one for each grand juror, the attorney general’s advisory staff and one for the witness.

It was learned that Powell allegedly gave the commissioners the evidence last Wednesday, then retrieved it the next day when he found out members of the attorney general’s staff learned what he had done.

Powell told the Producer today that since he has appeared before the jury he is now not at liberty to discuss any matter being discussed by the jury. Asked if he could comment on the allegation that be released the evidence, Powell responded “it would be improper for me to make any comment.”

The Producer learned from informed sources that auditors for the state examiner and inspector’s office gave Powell in confidence evidence backing up allegations in the audit report against Commissioners B. Max Dye of Konawa, Clifford Ligon of Wewoka and Jim Whitt of Seminole.

As one source put it, “Powell wasn’t told that the evidence was confidential, but a man who has been a prosecutor for nine years should know that you don’t turn evidence over to possible defendants.”

One source said that Powell’s alleged action could be compared with giving a burglary suspect all the evidence against him before a trial, thus giving him an opportunity to prepare a defense.

Powell’s friendship to the commissioners has been apparent since controversies surrounding the commissioners and the district attorney flared here over a year ago.

The audit report by the state examiner and inspector’s office was part of a state investigation in Seminole County ordered by Gov. David Boren.

A summary of the audit report released to the public recently alleged that the county commissioners had been deficit spending taxpayer funds, splitting claims to avoid bids, buying at prices above the low bid and other alleged infractions.

Powell one time told the Producer that after the audit report was released, if it accused any public official of wrongdoing he would probably file charges.

After the report was released and Powell was given the supplemental evidence, Powell told the Producer that he did not have sufficient time to study the material in detail before the grand jury was convened.

He said he would present the evidence and audit report to the grand jury and let the jury weigh the facts. Powell apparently turned the supplemental evidence to the audit over to the county commissioners last week, only days before the grand jury convened here, informed sources said. -oOo WEWOKA-Seminole County Excise Board Chairman Ben Ragland and former longtime board member Rudolph Black criticized District Attorney Roy Powell before the grand jury here this morning.

Sheriff Bill Merryfield, who circulated a petition which resulted in the grand jury probe of Powell, testified before the secret panel Wednesday afternoon. Meanwhile, assistant state attorney generals Paul Crowe and Bob McDonald, who are advising the grand jury, today called upon any citizen having evidence they wish to present to the grand jury to appear here at the Seminole County district courtroom.

Crowe said witnesses initially will be asked three questions:

• - “What public official are you accusing?

• - What accusation are you making against the official?

• - “What facts do you have to base this accusation on?”

The attorney general’s staff is being assisted in the grand jury probe here by two agents of the Oklahoma State Bureau of Investigation. Agents A B. Abernathy and Mike Hatch are working as official investigating arms of the grand jury.

In addition to investigative work, they also will assist in serving any grand jury subpoenas.

Ragland, Black and Merryfield prior to entering the grand jury chambers told the Producer they planned to present allegations against Powell, who lives at Ada.

The district attorney testified Wednesday afternoon as the jury’s first witness. He delivered to the jurors copies of a Seminole County audit report. Merryfield was the second witness and said he would present the panel evidence which he said had been presented by citizens who have been dissatisfied with Powell’s performance as district attorney.

The sheriff said he would tell the jury about complaints he received alleging Powell was using the district attorney’s office for obtaining civil suits for his assistants who have part time private law practices.

Merryfield alleged Powell also has dismissed some criminal cases where solid evidence has, been available for a conviction.

The sheriff said in one case the district attorney’s office dismissed grand larceny charges against a Wewoka woman who allegedly was caught by police with stolen merchandise. Later, the sheriff said the woman was stopped on a traffic check and she was found to be driving a police radioequipped car belonging to Powell’s special investigator, Jim Branam of Ada.

Merryfield said Powell also refused to file charges recently against a man who allegedly admitted shooting and injuring another Seminole man.

The sheriff said he would inform the jury that during a manhunt near Konawa last year that Powell’s former special investigator, Bill Howard, of Holdenville, rode in a helicopter piloted by a man charged with murder who was scheduled to be prosecuted by the district attorney’s office.

Later, Powell agreed to let the suspect, wealthy Holdenville rancher Bob Eckles, enter a guilty plea to a reduced charge of second degree manslaughter in the shooting death of Ed Montgomery, who was shot several times.

Eckles was given a two-year deferred sentence and was ordered to pay Montgomery’s church a $1,000 donation and write the Montgomery family a letter of apology. When Eckles and Howard were photographed together by the Producer in the helicopter near Konawa, Powell at first refused to identify Eckles as the pilot, apparently trying to cover up the incident.

A controversy between the district attorney and the sheriff has flared for more than a year. Powell once charged the sheriff with interfering with a grand jury witness. The charge was dismissed for lack of evidence.

The sheriff currently has a $200,500 civil suit pending against Powell in federal court in Muskogee. The suit accused Powell of malicious prosecution.

The sheriff said he would explain the facts of Powell’s charge against him to the jury.

“Me and my deputies have been treated worse by the district attorney than some of the outlaws have been,” Merryfield said. Merryfield testified before the panel from 3:42 to 4:32 p.m. Wednesday afternoon. Black went before the jury this morning at 9: 19 a.m. and testified until 10:32 a.m. Ragland testified between 11:05 a.m. and 11:35 a.m.

Black and Ragland both said prior to entering the Jury room they would inform the jury of Powell’s failure to act against alleged law violations.

The two also said they planned to inform the jury that Powell has acted disgracefully as a public official, by means of using abusive language on numerous occasions.

Black and Ragland also said that Powell has been unsatisfactory in serving the excise board as district attorney.

Black said he would probably tell the jurors about an incident when Powell allegedly attempted to keep Black from speaking.

Powell, Merryfield, Black and Ragland each told newsmen after emerging from the grand jury room that they had been told not to reveal what had been discussed. All four are expected to testify again at a later date. Grand Jurors are apparently probing allegations against Powell first before going into allegations into other public officials here.

The jury is working from 9 a.m. to 4:30 p.m. with an hour off for lunch.