Do Not Vote for Judge David Guten
This reporter has received evidence posted here that sitting Special Judge David Guten has lied in an official investigation. Judge Guten reported that he did not put attorney Jeff Krigel in handcuffs in January 2020 and that it was the actions of his deputy and not by his order. Exhibit 1. That said in his Court transcript that he made after the incident he clearly says on the record that he did order the deputy to handcuff attorney Krigel. Exhibit 2.
Pictured: Special Judge David Guten
Mr. Krigel contends that in January 2020 Special Judge David Guten did put Mr. Krigel in handcuffs for not announcing discovery complete and requesting a stenographer. (Basically for doing his job as a criminal defense attorney) In writing to the Bar Association, an investigation under oath, Judge Guten said he did not order the Deputy the take the actions she took and she acted on her own.
To the Bar Association Judge Guten relates,
I instructed him to have a seat in the jury box and at that time my Deputy placed him in handcuffs. Mr. Krigel has alleged that in his recent “Motion to Disqualify” that I “ordered” my Deputy to place him in handcuffs. I did not. I believe she did this out of habit because when someone is told to have a seat in the jury box in my courtroom they are most often in custody and place in handcuffs. I did not order her to do this. Admittedly, I also did not stop her. Exhibit 1– Guten ltr. Emphasis Added.
Compared to the transcript it is obvious where the misstatement is.
In the transcript made the day of the incident the opposite appears to be said. Judge Guten says on the record the reason the attorney is in handcuffs is because he rolled his eyes and seems to allege a scoff. It is ironic because even if there was a stenographer these are subtle things not possible for such a record to pick up anyways. Besides, in America we treasure first amendment freedoms to speech and expression, the idea of putting someone in handcuffs for rolling their eyes is barbaric and cruel.
Guten responds that, “[n]body, almost nobody is ever in that position.” State v. Kriby, Mtn. To Dismiss Trans. Pg. 57 at 15-16. Guten goes on to say:
You were placed in handcuffs and sat down in the jury box in custody after being warned that you would be found in contempt of Court for your continued disrespect and unprofessionalism by arguing to the Court, by laughing at the Court, rolling your eyes and shaking your head at the Court, after I made a ruling on the motion that you filed finding that it was insufficient as a matter of law. Your mannerisms are completely unprofessional.” Id. At 18-24.
No where does Judge Guten say, you are in the box due to some kind of mistake or miscommunication as he indicates to the Bar Association.
Judge Guten was recently subpoenaed to Judge Godsby’s recusal hearing on December 2nd, 2021 in Krigel’s CF-21-2283, but failed to appear and filed a motion to quash through the Attorney General of Oklahoma. The AG should not have any standing here defending a judge who has lied under oath and likewise there is no such thing as a Motion to Quash in the criminal realm. See 22 O.S. 701-720.
Judge Guten would merely have had to walk down the hall in order to comply. Do we really want judges on the bench that won’t themselves follow the black letter law and appear after being subpoenaed. The Court has refused to take up the Motion to Recuse the AG office or Motion to Reconsider Sealing of the Guten Subpoena, both attached. What a huge waste of your taxpayer money just to protect this liar from perjury charges.
“Whoever, in a trial, hearing, investigation, deposition, certification or declaration, in which the making or subscribing of a statement is required or authorized by law, makes or subscribes a statement under oath, affirmation or other legally binding assertion that the statement is true, when in fact the witness or declarant does not believe that the statement is true or knows that it is not true or intends thereby to avoid or obstruct the ascertainment of the truth, is guilty of perjury. . .” 21 O.S. 491.
Guten is running for the first time for election against Kyle Alderson, a former Pawnee County Prosecutor and current GOP attorney. Alderson recently defended former GOP chair John Bennett and is currently seeking fees from Al Gerheart. Gerheart was suing based on being prevented from meetings and a failed GOP survey in which the party through Bennett asked voters to not participate.
The case Mr. Krigel was arguing a dismissal on that day has since been dismissed for lack of evidence. Of the three matters he had set that day for three different clients in front of Judge Guten all three cases have been dismissed.