Trooper's Attorney Under Fire for Possible Conflict of Interest

By Dave Jordan, NEWS 9

OKLAHOMA CITY -- Serious questions have arisen regarding the legal counsel of an Oklahoma Highway Patrol Trooper accused of using excessive force more than once while on duty.

Trooper Daniel Martin retained attorney Gary James earlier this year after he was caught on tape choking a paramedic in May. However, James also represented Department of Public Safety Commissioner Kevin Ward, who handed down Martin's punishment. Ward's department oversees the highway patrol

"The appearance is really great there and I say it probably would be a conflict," said NEWS 9 Legal Analyst Irven Box.

Ward gave Martin an unpaid five-day suspension for his behavior during the May incident. Ward also warned Martin in his disciplinary letter in July that "any further action of this type will result in more severe discipline up to and including termination from the agency."

Public Safety subcommittee member and former trooper Mike Christian said he wonders if the link James had to both Martin and Ward played a role in Martin's punishment.

"When you have this kind of relationship with the person that administered the discipline, we may be looking at taking taxpayer dollars to pay for damages in the future," Christian said.

Martin's previous punishment is the subject of renewed focus. This past weekend, Martin was accused of using excessive force once again in the arrest of a man in Holdenville.

James has been unavailable for comment despite several attempts to contact him.

"If he thinks there's a conflict, I would think he would step out of one case or the other, but as I said, the appearance is certainly there," Box said.

A spokesperson with the Oklahoma Bar Association said under the rules of profession conduct, it's up to James to disclose his representation to both clients and they would have to give consent. However, depending on the situation, it could go before a judge.

Ward declined to comment on the matter.

More on News9.com:

Trooper, Paramedic Fight Caught on Tape | Paramedic Discusses Trooper Quarrel on CBS Early Show | Paramedic Defends Himself After Trooper Scuffle | OHP Releases Trooper's Dash Cam Clip