Oklahoma City attorney, Frank Kirk, 70, is looking at a likely disbarment after his arrest in a bizarre discovery in the Oklahoma City Jail. Kirk is accused of smuggling in a sex toy for a female prisoner to use in exchange for his legal representation. He is now charged with possession of contraband and multiple counts of offering to engage in an act of lewdness. What is interesting is that one of the most serious charges is not his sneaking in a vibrator or the sexual acts but the cellphone that he had with him. It is a felony to bring a cellphone into a prison interview room. What is particularly distressing is that this alleged act of depravity is now the basis for proposed changes limiting counsel and expanding searches. This is a case that by any measure is bizarre and grotesque. It does not reflect either the criminal defense bar and makes for a poor basis for rewriting interview policies in my view. Notably, this was a sting operation so the prison was made aware of the violations and audio taped the encounter.
Notably, Kirk never filed formally as counsel for the women. She contacted him to represent her but did not have money to pay him. Kirk allegedly said that he would trade her performing sexual acts. The inmate stated that she had performed such acts four times while Kirk watched.
(As a completely irrelevant aside, Kirk bears striking resemblance to Charles Laughton as Roman Senator Gracchus and appears to display the same predilections).
When a public defender contacted her about her case, the inmate realized that Kirk was not acting as her counsel. That is when she went to the prison and agreed to the sting. They arranged for her to say “my pants are too tight” as the signal for the officers to raid the room.
The sheriff’s office stated that “[d]uring his visit, Kirk furnished her with lubricating jelly and a sex toy and as this began our investigators opened the door and arrested Frank Kirk immediately.”
Kirk has previously run into problems with the law. In 1985, he pled guilty to a misdemeanor conspiracy charge where he set up sham marriages. He was sentenced to six months in federal prison. It is not clear how he was able to retain or regain a license. I would make that my focus as opposed to the search policies for attorneys.
Source: NEWS OK