Yesterday, the Oklahoma Criminal Court of Appeals finally updated Daniel’s docket to release the state’s request for more time. MORE TIME?! For those of us that have to wait for these updates to the docket to get this information, it is a maddening game. So to see why they wanted more time was almost like comic relief. If you believe what was in the affidavit, then there is only ONE lawyer equipped to handle this case, and he was on leave.
You can’t make this stuff up. Remember that the CCA had ruled on December 20, 2017 that the state had 20 days to respond to Daniel’s request to unseal documents. Keep in mind that this has been dragging along since August of 2017. So at that point they had already had 4 months (let me say that again, FOUR MONTHS!!!) to respond, and had failed to do so. Even worse is the fact that when the CCA ruled on December 20th, the state ALREADY knew that their attorney of record was on leave. He had been for a week.
That’s right. Matthew Haire had gone on leave on December 13, 2017. This disclosure alone raises so many questions. First of all, why didn’t the state IMMEDIATELY disclose this information to the CCA? Second of all, did they start to and then change their minds? (Remember, on December 20 the court ruling was posted and also a filing from the state. Then the state filing disappeared? THEN it was shown as a filing in error on the wrong case. Yes, something stinks.) Third of all, is the state representing that Matthew Haire is the only person capable of handling this case? Fourth, if Matthew Haire is the sole expert in Daniel’s case, he should be prepared to hit the ground running, right? After all he has been immersed in this complex case since the filing of the Brief of Appellant.
As of this writing Daniel’s response hasn’t been made available on the docket. This piece was held overnight, just in case it was released this morning, to no avail. The hope is that his attorney points out that they’ve only had five months now to prepare this response. It would be ridiculous to indulge in this. Sadly, the CCA, by their inaction, have done just that. They have failed to rule on the motion or the response in a timely fashion. So the state is getting their extension no matter how you slice it. The only thing transparent in Oklahoma right now is the stall tactics and the fact that the CCA is COMPLICIT in these stall tactics. And they are shameless about showing it.
In closing, we all hope that Matthew Haire is hale and hearty, and in good health. First, because that is our wish for any human being. Second, because it appears, according to a sworn affidavit that the state cannot proceed without him. If something untoward were to happen to Mr. Haire, it could set Daniel’s case back YEARS. Mr. Haire might want to look around at his colleagues to make sure that those hands are patting his back and not stabbing it. It’s not unreasonable to think the state would use his professional demise as a way to dodge their own bullet. After all, that’s how they landed in this predicament to start with.
UPDATE ADDED 01/19/2018 9:37am Central
This morning, the CCA ruled to allow the state an additional 30 days to respond to Daniel’s request. This tells citizens of Oklahoma, as well as followers of this case worldwide, that Matthew Haire is apparently the only person that is able to handle the “complex nature” of this case. It also tells everyone that Matthew Haire can take all the time he needs to do so.
After all, it’s only been 5 months. Most reasonable people would venture to guess that if you haven’t got a handle on it in that length of time, you never will. Clearly however, these are not reasonable people. These are not people that use critical thinking skills. These are not people that are interested in justice. These are people that value convictions over justice, and will do everything in their power to maintain that status quo.
This is the world we live in today. Ask yourself, is this okay with you?