McALESTER — On Wednesday, a child sexual abuse case was dismissed in Pittsburg County District Court. The state’s motion to dismiss cited references regarding questionable behavior of three different state’s witnesses who were expected to testify in the case.

In a motion to dismiss by District 18 District Attorney’s Office, the state indicates that the dismissal is due to the questionable behavior of these state’s witnesses: Stacy Scroggins, a physician assistant with PC Care; Amanda Britt, a former child welfare specialist with the Oklahoma Department of Human Services; and Kevin Martin, a former deputy with the Pittsburg County Sheriff’s Office.

Earlier this month, the outcomes of two other child abuse cases were affected by the questionable behavior of these state’s witnesses. District 18 Assistant District Attorney Wesley Cherry confirmed that he decided to reach a plea bargaining agreement with two other child sexual offenders due to the situations with the aforementioned state’s witnesses. Cherry said he would have preferred to take the two cases to trial and try for maximum sentencing, had he not been concerned with the situations with the state’s witnesses.

In those cases, Walter H. Harrison, 37, of Krebs, pleaded no contest to a charge accusing him of inappropriate sexual behavior with a 5-year-old girl and was sentenced to 10 years in prison, and Daniel R. Cearley, 28, of Kiowa, pleaded guilty to multiple counts accusing him of carrying on an ongoing sexual relationship with a 4-year-old girl and was sentenced to 20 years in prison.

If convicted by jury, Harrison could have faced up to 20 years in prison and Cearley could have faced life imprisonment.

In the most recent case affected by the state’s witnesses, a McAlester man accused of sexually abusing a 2-year-old girl in May of 2008 was dismissed of all charges. Jeffrey Eugene Rowan, 30, was facing a child sexual abuse charge filed by the District 18 District Attorney’s Office in August of 2008.

In March of 2009, Rowan was convicted of the charge by a jury and was later sentenced to a 35-year prison term. Then, in June of 2011, his conviction was overturned by the Oklahoma Court of Criminal Appeals and Rowan was remanded for a new trial.

According to court records, Rowan’s conviction was overturned because a state’s witness was allegedly abusing prescription narcotics at the time Rowan’s case was being investigated.

Scroggins, a physician assistant with PC Care, examined the alleged child victim on Aug. 6, 2008. During her examination, Scroggins determined that the child showed various signs of being sexually abused, and according to court records, testified regarding her findings at Rowan’s trial.

Rowan’s attorney was later contacted by the District 18 District Attorney regarding Scroggins, who “had her license suspended for a drug problem and ... was being treated at an inpatient drug rehabilitation facility,” court documents state.

Rowan’s original conviction was overturned because this information regarding Scroggins was not presented during his trial, and Rowan was granted a new trial.

Rowan was then scheduled for the January 2012 jury docket, and was prepared to go back to trial to face his child sexual abuse charge.

But on Jan. 10, the case was stricken from the jury docket and on Jan. 23 the District 18 District Attorney’s Office filed a motion to dismiss its case against Rowan.

In the motion, the state refers back to the Scroggins situation for one of the reasons for motioning to dismiss.

The state’s motion also refers to a situation with Britt, the former Oklahoma Department of Human Services child welfare specialist. “The state believes there may be a current investigation by the McAlester Police Department regarding Amanda Britt."

On Dec. 16, Britt resigned from her position after DHS began investigative actions regarding a registered sexual offender living in her home. Mitchell R. Norman, 29, a convicted sex offender from Florida, pleaded no contest to charges that accused him of living in Britt’s home.

Finally, the state’s motion to dismiss the Rowan case then refers to a situation with Martin, the former Pittsburg County Deputy Sheriff, “who was assigned to the (Rowan) case as lead investigator.”

“Kevin Martin resigned from his position with the Pittsburg County Sheriff’s Office following an investigation involving conduct unbecoming an officer wherein it was alleged that Martin stated he would plant evidence,” the motion states.

After referring to Scroggins, Britt and Martin, three professionals that were heavily involved in the investigation of Rowan’s case, the state’s motion to dismiss indicates that the state anticipates that these three witnesses would invoke their 5th amendment right against self-incrimination if called to testify, “and that the witnesses invocation of their 5th Amendment right against self-incrimination in the presence of the jury would result in a mistrial with possible dismissal with prejudice ... the state would rather file a dismissal without prejudice, than risk a mistrial, mistrial with prejudice, or acquittal of the defendant.”

The alleged victim’s mother was informed of this and was also “advised about the possibility of re-filing charges (against Rowan) if there was newly discovered evidence,” the motion states.

In an interview with the News-Capital, District 18 First Assistant District Attorney Richard Hull said that making the decision and motion to dismiss the case against Rowan was “a sickening feeling” for him, but it was what had to be done because of the situation with the three state’s witnesses.

In a later interview with the News-Capital, Rowan’s attorney said, “The motion to dismiss was filed by the state. I think that says it all.”

According to a representative from the Pittsburg County Jail, Rowan was released form custody at approximately 12:30 p.m. Wednesday.

When asked if he anticipates this same problem arising in other cases involving state’s witnesses Scroggins, Britt and Martin, Hull responded, “The same issue could arise. We could run into this same issue in other cases.”



Contact Rachel Petersen at rpetersen@mcalesternews.com.

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