Oklahoma, Disbar Prosecutor Who Wrongfully Sent Two Men to Death Row

  • by: Susan V
  • recipient: Oklahoma Bar Association
To unjustly and intentionally kill another is a crime often punishable by death. But a prosecutor whose "misconduct" results in a death sentence can face no more than a slap on the hand.

This is true at least recently in Oklahoma where Prosecutor Robert Bradley Miller was sentenced to a mere 180-day suspension and court costs of 12,800 after he misused his power to put two men on death row for years, expecting their execution.

Oklahoma Supreme Court found that Miller not only failed to provide the defense with crucial evidence, including a deal he made with a key witness, he obstructed defense's access to evidence. He also abused the subpoena process by forcing witnesses to cooperate.

The flimsy excuse given for Miller’s lenient sentence - that he committed these crimes 20 years ago when penalties were less harsh - didn’t sit well with dissenting justices who say Miller should be disbarred.

Miller's actions should be treated as crimes, not just misconduct. The least the Oklahoma Bar Association can do is disbar this corrupt prosecutor.

We, the undersigned, find the double standard for prosecutors committing acts that lead to deaths unacceptable. That they are labeled and treated only as "misconduct" is inexcusable.





Dissenting Oklahoma Supreme Court Justice Steven Taylor told the San Francisco Chronicle that it shouldn’t matter how long ago Miller committed these acts. And he’s right, because since when would time lapse matter when a suspected murderer, especially one from a minority race, is being prosecuted?





Taylor noted in his dissenting option that no attorney should be involved in such “reprehensible conduct in death penalty (or any other) litigation.” Taylor described Miller‘s actions as the kind that “take us into the dark, unseen, ugly, shocking nightmare vision of a prosecutor who loves victory more than he loves justice.”





Miller’s actions should be seen as no less serious than attempted murder, and reports that at the time of his "misconduct" he was working as assistant district attorney under a prosecutor (Macy) known for his “aggressive pursuit of the death penalty” raises concerns about how many others were sent to death row and even executed in Oklahoma without a fair trail. In at least one other case both Miller and Macy were charged with misconduct for misleading the jury.





Miller's actions should be illegal and punishable by prison time, rather than allowing him to get off with a token and absurdly lenient penalty. At the very least he should be disbarred, and we request this action from the Oklahoma Bar Association.

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