Hicks’ official release regarding open records lawsuit filed against him

Editor’s Note:

Stephens County District Attorney Jason Hicks released the following press release today, March 14, 2024.

Oklahoma Watch (oklahomawatch.org) published a story Jan. 8, 2024, regarding the issues and allegations made by Oklahoma Reps. Justin Humphrey, R-Lane, and Kevin McDugle, R-Broken Arrow,. An original request for Hicks' texts, according to OK Watch, was issued in May 2023.

The Marlow Review’s managing editor, Toni Hopper, recently talked to Hicks about the issue. He initially moved for the lawsuit to be dismissed. Hicks said he intended to release his texts and go on the record. At this time, the context of Hicks' communications has not been made public to The Review, or other news outlets of which we are aware.

The two state representatives filed the lawsuit against Hicks in the Stephens County District Court, on Dec. 20, 2023. Other outlets, including NonDoc, The Oklahoman and a Tulsa station reported on the issue in January.

We have chosen to publish the release in its entirety. Hicks, as District Attorney, covers Stephens, Grady, Caddo and Jefferson Counties.

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“The time has come for this issue to be put to rest as the family of Barry Van Treese has suffered enough. I believe the citizens of Oklahoma deserve to know how their government operates, which includes all branches of government including the legislative branch,” Hicks said.

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DUNCAN, Okla. – On April 26, 2023, District Attorney Jason Hicks attended Mr. Richard Glossip’s commutation hearing which was open to the public. After that hearing in which Mr. Glossip was denied clemency, anti-death penalty lawyers representing Mr. Glossip made an Open Records request to DA Hicks. The records they requested included records which are indeed Open Records related to the transacting of official State business. These records were released to Mr. Glossip’s attorneys. Other records which are not subject to the Open Records Act and clearly not relevant to either Mr. Glossip’s case or related to official State business were withheld.

Even though the relevant documents were turned over by DA Hicks, a lawsuit was nevertheless filed by State Representatives Kevin McDugle and Justin Humphrey in their individual capacities. This lawsuit alleges and accuses DA Hicks of somehow trying to influence or even deny Mr. Glossip’s due process rights at the clemency hearing, a hearing in which DA Hicks did not have jurisdiction or authority to act since the case originated in another county outside his district. “The allegations and accusations in the lawsuit are pure fiction, and they are not true,” Hicks said.

To put this issue and lawsuit to rest once and for all, DA Hicks chose to release the handful of records requested by McDugle and Humphrey which are not subject to the Open Records Act. In releasing these records, DA Hicks noted, “there is nothing to hide. There is nothing in any record, or other communication that shows I was engaged in any sort of effort to somehow deprive Mr. Glossip, or anyone else for that matter, of a fair commutation hearing at the Oklahoma Pardon and Parole Board. I went to the hearing just as any other citizen could have done to simply support the victim’s family and to show them there were people who would stand with them in their fight for justice. They have endured untold suffering from the devastating loss of their loved one. They are entitled to be treated with respect and dignity, and that’s what I tried to do.”

Just as DA Hicks has now turned over records he is not required to release, he is now calling on Representatives McDugle and Humphrey to be transparent and do the same and release all their communications related to the Glossip case.

“The time has come for this issue to be put to rest as the family of Barry Van Treese has suffered enough. I believe the citizens of Oklahoma deserve to know how their government operates, which includes all branches of government including the legislative branch,” Hicks said.

DA Hicks noted that some of the records he has now released include his opinions and comments which he is entitled to make under the First Amendment.

Some of these opinions were understandably expressed in frustration and anger and were never intended to be made public. In addition, some of the records contain redactions which have nothing to do with the Glossip matter. The redactions were simply of conversations from other dates and times but had to be included simply because there was no way to screenshot the text messages without including unrelated, irrelevant material.

DA Hicks also commented on a recently published news story and article which incorrectly stated that Hicks was somehow involved in the Glossip prosecution.

“I’m grateful that News 12, KXII corrected its previously published news story and article and set the record straight. I was not involved in any way with the prosecution, and I certainly have not communicated with any witness in the case. Stating otherwise is simply untrue.”

DA Hicks pointed out that in spite of personal attacks, he remains undeterred in his support for crime victims in Oklahoma. He was among the first supporters of Marsy’s Law which enshrined crime victims’ rights into Oklahoma’s constitution.

“When I was elected District Attorney in 2010, I pledged to the citizens in my district that I would stand for justice and do everything in my power to ensure victims were given a voice. I have kept that pledge. My track record is clear. I am proud to stand shoulder to shoulder with victims,” Hicks said.