Patricia High was an active participant in the prosecution of Raye Dawn Smith. Disguised as a "part-time assistant district attorney for Lincoln County," Ms. High signed the Amended Felony Information for Raye Dawn Smith on March 16, 2007. Touted by the news as a "private practice attorney" and "hired prosecutor," Ms. High was hardly a backseat driver at trial but rather an integral part of the prosecution. In fact, Ms. High conducted 80 percent of the trial herself. She conducted voir dire. She took an active role in questioning and cross-examining the majority of the witnesses, and she delivered the State's first closing arguments. Under Oklahoma law, however, Ms. High never should have been involved in the ivestigation or prosecution against Raye Dawn Smith. Moreover, she had no authority under the law to sign the Amended Felony Information.
The laws authorizing the appointment of special prosecutors in Oklahoma was declared invalid in Driskell v. Goerke, 1977 OK CR 123, 562 p. 2d 157.
If one were to assume for argument's sake that Ms. High was a duly authorized part-time assistant district attorney for the Pottawatomie County District Attorney's Office, there is still one problem that cannot be explained away no matter how it is dressed up. And that is, under Oklahoma law, Ms. High cannot serve as a part-time assistant district attorney and a private criminal defense lawyer.
The State contends she is a part-time assistant district attorney. Yet, on March 26, 2007 and August 2, 2007, Ms. High filed entries of appearance in two separate criminal cases in Oklahoma County on behalf of the criminal defendants in those cases. See Oklahoma County Case No. CF-2007-840 and CF-2007-4046. Both of these cases are pending, and Ms. High entered her appearance at a time the State District Attorney's Council and Mr. Smothermon assert she was employed as a part-time assistant district attorney in Lincoln and Pottawatomie Counties. She entered appearances at a time when she was assisting in the prosecution against Raye Dawn Smith. [From Howerton v. State, 1982 OK CR 12, 640 P. 2d 566, 567: A member of the bar who is a part-time district attorney may not be appointed to defend persons within or outside of the jurisdiction in which he serves as assistant district attorney. A district attorney represents the State of Oklahoma to enforce its criminal laws. His first and foremost duty is to represent the State in criminal proceedings, and he cannot represent a defendant where the State of Oklahoma is the opposing party. One cannot adequately serve two masters; these positions are inherently antagonistic and irreconcilable.] As evidenced, the Court did not have jurisdiction to try the case against Raye Dawn Smith because there was no verified Information signed by an executive officer empowered under the laws to prosecute; therefore, her conviction and sentence are, in effect, void.
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