Former judge facing misdemeanor charge

Defense attorneys call the new allegations character assassination' by prosecutors

BRISTOW - A former Creek County judge charged with counts of indecent exposure in court also will be tried next week on a misdemeanor charge of placing pornographic photos of himself and a woman on his state-owned computer, a judge ruled Wednesday.

The ruling against longtime Judge Donald D. Thompson came despite his attorney's claim that the misdemeanor charge was a prosecutor's contrivance designed to alienate jurors against Thompson.

"It's character assassination, defense attorney Clark Brewster said.

Prosecutors added the count of misusing a state computer in November, nearly 10 months after Thompson originally was charged with felony indecent exposure counts for his alleged courtroom behavior.

The charges accuse Thompson, 59, of masturbation using a device called a penis pump behind the bench as he oversaw three criminal trials and a civil trial between October 2002 and September 2003.

Thompson, a former state legislator, was a district judge for more than 20 years. He has denied the allegations, saying the penis pump was a gag gift for his 50th birthday. He also has indicated in court papers that he has erectile dysfunction and couldn't have done what prosecutors allege.

However, an Oklahoma State Bureau of Investigation lab report indicates Thompson's DNA matches semen found in the device.

If convicted, he faces up to 10 years in prison and a $20,000 fine for each of the felony counts and up to a year in jail on the misdemeanor. Allen McCall, a Comanche County judge assigned to the case after

Thompson's former colleagues recused, said he anticipates a two week trial.

Prosecutor says charge is relevant

The computer photos at issue show a man's penis and a woman giving oral sex to a man.

Prosecutors claim the woman is Angela McClanahan, a former business associate of Thompson. E-mail exchanges between the two found on Thompson's computer indicate the pair sometimes planned sexual encounters during lunch breaks.

Special prosecutor Pattye High said the photos and related misdemeanor charge are pertinent to the other charges. Her reasoning: If Thompson actually suffers from erectile dysfunction, it would make sense for him to use the penis pump during morning court sessions "so you can be ready for what you're going to do over the lunch hour.

High said that before she entered the case, fellow prosecutor Richard Smothermon had agreed with Brewster not to file the computer charge. High said she convinced Smothermon otherwise.

McCall overruled Brewster's request to try the misdemeanor charge separately. It was one of several pretrial motions argued during a nearly two-hour hearing. McCall generally ruled in the prosecution's favor or postponed a ruling until the trial begins.

Defense attorney Rob Nigh challenged the prosecution's plan to introduce a penis pump seized from

Thompson's chambers as evidence, saying state experts destroyed it during DNA testing.

That prevents defense experts from using it to show other possible causes for the pumping sounds that state witnesses will say they hear coming from behind the bench, Nigh said.

High said the device still makes a noise even after being cut in half.

Brewster also asked for information connected to two state investigations of court reporter Teresa Clee, a key prosecution witness. He said a private investigator told him the investigations centered on whether Clee altered transcripts in another court case.

High said Clee recently was "completely cleared. She said she has a letter from the agency that oversees court reporters that says the allegations had no merit.

McCall said he will rule later whether to let the defense mention it during Thompson's trial.High also asked McCall to preclude Brewster from making "baseless allegations of chronic marijuana use by Lisa Foster, Thompson's former court reporter.

Foster claims Thompson fired her for cooperating with investigators looking into the former judge's behavior.