Attempted Murder
Destruction of Edvidence
Violation of Ethics Rules
Prejudicing the Jury
Refusal to Hold Law Enforcement Accountable
failure to comply with the national Brady List platform
UNELECTED - Assistant District Attorney EMPLOYED by: Melissa Handke, assigned to Murray County Oklahoma, formerly Johnston County.
Cowboy Bob Macy's "Protege"
Oklahoma's longest tenured rogue prosecutor, Fern L. Smith Ok Bar #8347, is an Assistant District Attorney in Oklahoma's 20th Judicial District, serving in Murray County at the pleasure of Melissa Handke. Smith was admitted to the Oklahoma Bar in 1982 and trained under the deadly prosecutor, “Cowboy Bob”, famous for Oklahoma's "black magic" Lab Scandal. Smith is responsible for numerous instances of prosecutorial misconduct, including the wrongful convictions of Richard Glossip and Brenda Andrew.
Not all killers need a gun or a knife... Smith's weapon of choice is lethal injection. In 1998, Fern Smith set out to kill Richard Glossip, a man she knew did not murder Barry Van Treese. Smith and her coconspirators have gone to great lengths to manipulate Oklahoma's justice system with the purpose of killing an innocent man, despite law makers calling to bring Smith & Smothermon to account for their crimes.
Fern Smith directly contributed to Richard Glossip's 25+ years behind bars where he endured the trauma of NINE execution dates and THREE last meals. In February of 2025, SCOTUS vacated his conviction and remanding his case for a new trial, sparing him from being another innocent person put to death by the corrupt "Macy Administration".
Connie Smothermon was not the only unethical prosecutor in the Glossip case. Fern Smith played a significant role in the loss and destruction of exculpatory evidence during and after his first trial. An OKCPD detective affirms, in October 1999, while appeals were pending, Smith requested a box containing evidence related to the case be destroyed. Additionally, video evidence [the "Sinclair Tapes"] with potentially exculpatory evidence was either lost or destroyed while Smith was ultimately responsible for ensuring the chain of evidence was properly maintained in violation of O.R.P.C. 3.4(a) and O.R.P.C. 8.4(c).
Violation of Oath Okla. Stat. tit. 5, § 2: Smith has violated her oath as an attorney and the Constitutions she swore to uphold, particularly the "do no falsehood or consent that any be done in court" section of the oath. [see "destruction of evidence" above].
Violation of Oath Okla. Stat. tit. 5 § 3: Smith failed to "abstain from all offensive personalities, and to advance no fact prejudicial to the honor or reputation of a party" [see "prejudicing the jury" below].
As far back as 1996, the OCCA was aware of Fern Smith's predatory prosecution tactics when the court admonished her in a an opinion that utilized the term "bad faith" six times. The Court found Smith's participation in "harpooning of inadmissible hearsay" evidence directly related to a key element of the prosecution's case amounted to both a violation of the defendant's Sixth Amendment right to confront witnesses against him as well as a violation of the Fourteenth Amendment Due Process Clause. The court concluded: "It is hard to imagine a clearer case of bad faith." These tactics also violate O.R.P.C.s 3.3(a)(1); 3.4(c); 8.4(a); 8.4(c); and 8.4(d).
In Omalza v. State of OKlahoma 1995 OK CR 80 Fern Smith and her co-counsel, Susan Stensaas violated law and O.R.P.C. 3.4 when they neglected their duty under giglio v. U.S. to inform the defense of a deal made with a witness in exchange for testimony. The OCCA also found the prosecution mislead the jury, stating "The Court is hard pressed to imagine how these statements could be made in good faith. They underscore an apparent prosecution strategy to put as much before the jury as possible, admissible or not."
Another of the FOUR murder convictions remanded for new trial due to Smith's prosecutorial misconduct, was due to "trial by ambush" and Violation of 22 O.S. § 303 in State v. Jones 1995 OK CR 81. There is also no public indication of disclosure being made to defense of the fact Fern Smith was married to the judge who presided over the preliminary hearing. This misconduct violates O.R.P.C.s 8.4(c) and 8.4(d) and affected not only Patricia Jones, but her 3 co-defendants, Omalzza, Floyd, & Flippo as well as any other defendants Fern Smith prosecuted in front of Judge Wendell I. Smith.
In 1994, Tommy Lee Cleaton brought a 42 U.S.C.1983 alleging that Fern Smith and his defense counsel conspired to violate his constitutional rights. Smith was granted absolute immunity and granted summary judgement, leaving the facts to remain un-litigated.
Fern Smith assisted in the FIRST and ONLY conviction leading to the
EXECUTION OF A CHILD!
Sean Richard Sellers was the first and remains the only person executed in the U.S. for a crime committed under the age of 17 since the reinstatement of the death penalty in 1976.
The U.S. Supreme Court later ruled in Roper v. Simmons, 542 U.S. 551 (2005) it was unconstitutional to execute an individual for a crime committed under the age of 18.
The U.S. Supreme Court recently remanded Brenda Andrew's case citing concerns that prosecutorial misconduct, by Fern Smith & Gayland Geiger, violated her constitutional right to a fair trial by calling Andrew a “slut puppy” and waived her “thong underwear” in the air for the jury [see ethics violations above]. Smith & Gieger's prosecutorial misconduct also resulted in a finding by The Inter-American Commission On Human Rights that Andrew's persecution meets prima facie requirements of seriousness, urgency and irreparable harm and issued a resolution requesting the U.S. Government to adopt the necessary measures to protect the life and personal integrity of Brenda Andrew; and refrain from carrying out the death penalty on Brenda Evers Andrew until the IACHR has had the opportunity to reach a decision on her petition.
In January of 2025, SCOTUS granted relief to Andrews, ordering the federal appeals court to assess whether the prosecution's "irrelevant evidence" about Andrew's demeanor as a woman deprived her of a fair trial.
This marks the SECOND time SCOTUS has RULED to correct Fern Smith's prosecutorial misconduct in 2025, alone.
Johnston County Sheriff, Gary Dodd, has more than 50 Brady List Reports
and is one of Oklahoma's RICO Sheriffs.
Fern Smith has the power and authority via her position as Assistant District Attorney to implement the National Brady List platform within Murray County, by contributing data.
This would ensure fair trials occurred in the manner prescribed when the Supreme Court of the United States created the Brady doctrine, obligating the prosecutor of every case to investigate, gather, and disclose all information about any individual upon whose testimony they will rely.
with the with the nationwide, public-facing, platform of record: The Brady List;
Attorney Generals, as prosecutors, have ethical obligations and may be held individually accountable under the Rules of Professional Conduct [R.P.C.] for their conduct within the legal system. Violations of these Rules can result in disciplinary actions which may include sanctions, suspension, or disbarment.
By Phone: (580) 622-2110
By email: fern.smith@dac.state.ok.us
By Mail: 1001 W Wyandotte Ave, Sulphur, OK 73086