Published: December 27, 2006 11:32 am         

Judge rules Burns can continue on gambling case

COMANCHE COUNTY — A Comanche County judge ruled Monday that District Attorney Bret Burns can continue prosecuting a case against Grady County's Sheriff Kieran McMullen and seven others charged in a gambling case.

Special District Judge Ken Harris of Comanche County was assigned to the case after the recusal of all three Grady County judges. Those recusals were one of the points in the defense argument that Burns should also recuse himself.

Burns answered in the State’s response by saying that the judges must be impartial.

“A District Attorney is an advocate for justice and impartiality is not a DA requirement,” Burns said in the document.

After reviewing the arguments from both sides, Harris said he did not have enough information to remove Burns from the case.

Sheriff Kieran McMullen said the judge's decision doesn't hurt or help his case, but McMullen said he thinks Burns should be dismissed from the case.

McMullen was charged along with five of his deputies and two Chickasha police officers - one of which is his wife - after a Sept. 6th raid at the Chickasha Elks Lodge by Burns, the Alcoholic Beverage Laws Enforcement Commission and the Oklahoma Highway Patrol.

Investigators say the lodge had illegal gambling machines, poker tournaments, blackjack games and cash drawings.

The defendants in the case are expected to appear in District Court in January for preliminary hearings.