On June 26 and 27, there was a hearing held in the Daniel Holtzclaw case. Filed under seal with the Court of Appeals by the prosecution, it was sent back to the District Court for a decision. It was an unprecedented two-day closed door hearing that not even the defense was allowed to be present for. No one even knows what the hearings were about, but there is plenty of speculation. Top on the list is flawed DNA evidence used that was key in convicting Holtzclaw.
Limited Information from FOIA Request
This hearing was so secret that even the protective order to seal the record was sealed, in violation of their own court rules.
The prosecution is serious about keeping this quiet. Reporters Phil Cross with KOKH Channel 25 and Lisa Monahan with KWTV Channel 9 filed a Freedom of Information request to obtain surveillance video from the courthouse, allowing the public to learn who was included in the closed door hearing. Some of the key players are OCPD Deputy Chief Johnny Kulman, OCPD Lab Supervisor Campbell Rudduck, Gayland Geiger, who handled the prosecution of Daniel Holtzclaw, and OKC Chief Civil Litigator Rick Smith. This cast of players lends credence to the theory that the closed door hearing was in regards to the DNA evidence used to convict Holtzclaw in 2015. An Amicus Curiae brief filed in this case regarding the validity of the DNA evidence has been rejected by the court, but its contents, released as a report, are available to the public.
These briefs have raised many concerns about the validity of the DNA evidence and how that evidence was presented during the trial.
DNA Could Be a Problem
The DNA profile in question was taken from the inside and outside of the zipper of Holtzclaw's uniform pants. This swab did contain the DNA profile for one of Holtzclaw's accusers.
However, it also contained DNA from an unidentified male and at least one other unidentified female. If you are confused, you are not alone.Even more unsettling about this is that all of these profiles were contained in a DNA sample that was approximately 40 billionths of a gram or less. To put this in perspective, that equals about one millionth of one granule of sugar.
This was the DNA used to convict Daniel Holtzclaw. In a review of the interrogation video, there are also issues with how Holtzclaw's clothing was collected and packaged, possibly exposing the items to cross contamination. And finally, there are issues with how the prosecutor, Gayland Geiger presented or misrepresented this evidence to the jury during his closing argument. Geiger asserted that the DNA definitely came from the vaginal walls of the victim, deposited on Holtzclaw's pants through vaginal secretions. This was not even supported by the state's DNA analyst.
Secrets, Secrets Everywhere
Most recently, an order has been handed down by Judge Timothy Henderson on August 7, 2017. However, it too is sealed.
So now we have a sealed order about a sealed motion that is still so secret the defense doesn't even know what it is about. That appears to be a whole lot of secrets in a single case. Speculation is all the public has currently, it seems.