Ethics
Prosecutor gets suspension for invading jury’s ‘inner sanctum’
An Oklahoma lawyer has been suspended for six months for watching real-time jury deliberations on a monitor in a murder case that he prosecuted. (Image from Shutterstock)
An Oklahoma lawyer has been suspended for six months for watching real-time jury deliberations on a monitor in a murder case that he prosecuted.
The Oklahoma Supreme Court suspended former assistant district attorney Isaac Seth Brantley Shields in a March 25 decision.
The Legal Profession Blog published highlights.
Shields violated “the inner sanctum of a jury,” which is “a high breach of trust and a serious interference with the administration of justice,” the Oklahoma Supreme Court said. “It is common knowledge that observing jury deliberations is unacceptable.”
Shields was accused of watching the deliberations video July 1, 2022, in the trial of Chouteau, Oklahoma, man Robert Kent Kraft, according to prior coverage by KJRH.com. There was no audio, according to the Oklahoma Supreme Court.
Shields was an assistant district attorney in Oklahoma’s District 12, which consists of Craig County, Mayes County and Rogers County. He was the lead prosecutor in the trial of Kraft, who claimed that he fatally stabbed another man in self-defense.
Jurors were deliberating in an adjacent courtroom to give them more space during the COVID-19 pandemic. The room was equipped with three security cameras that remained on during deliberations. Facial expressions and hand gestures were visible on the high-quality video, but it was not possible to read words on paper.
Two hours into the deliberations, an officer allowed Shields into the locked security office where the video played. Shields claimed that he was asked to enter because of a security situation involving the defendant’s family trying to enter the courtroom; security personnel said the security incident happened hours later, but they did not know why Shields was allowed in.
Shields said he did not immediately leave because he was curious about what was taking the jurors so long and because he had nothing else to do, the Oklahoma Supreme Court said. He left and returned several times. He later told another assistant district attorney who was the second chair in the trial to come the security room. Shields controlled the cameras to zoom in and zoom out and discussed his observations with security officers and the other prosecutor.
At first, there appeared to be a holdout juror, but Kraft was ultimately convicted of first-degree murder. His case is on appeal after a mistrial was granted because of the prosecutors’ jury observations.
A deputy reported his concerns about the prosecutors watching the video. When asked what happened, Shields told his supervisors that he was in the room for “30 minutes. Maybe a little more, maybe a little less,” according to the Oklahoma Supreme Court. He also said the video was grainy.
Shields actually observed the jury for more than two hours, according to the state supreme court. Shields “misrepresented and was deceitful regarding the reason he entered the security room, the length of time he watched the jury, and what he observed,” the state supreme court concluded.
Shields “not only observed the jury for over two hours, he failed to disclose that he was doing so to the court, or opposing counsel, even when dealing with jury questions. This is egregious behavior,” the Oklahoma Supreme Court said.
Shields and the other prosecutor self-reported the matter to the Oklahoma Bar Association.
Shields agreed to resign and entered into a deferred prosecution agreement in which he acknowledged violating a law that bans observing or recording jurors. He specified, however, that he had no intent to break the law.
Shields argued that he received no advantage by observing the jury, and he had watched others—including judges and prosecutors—listen to juries when deliberations got loud.
The state supreme court cited several mitigating factors. They included Shields’ military service, his acceptance of responsibility for his actions, his self-reporting of the incident to the Oklahoma Bar Association, and his cooperation in the investigation that followed.
He has been “diligent in completing the terms” of the deferred prosecution agreement and has entered into an agreement with Lawyers Helping Lawyers, a referral service for lawyers, the Oklahoma Supreme Court said.
Shields’ lawyer, Sheila Naifeh, told the ABA Journal that she and her client have no comment on the suspension.
Write a letter to the editor, share a story tip or update, or report an error.
