Holtzclaw files appeal over conviction

Fired Oklahoma City police officer Daniel Ken Holtzclaw — convicted of sex crimes committed on duty and off — is claiming in his appeal that a “circus atmosphere” deprived him of a fair trial.

“While the pre-trial publicity in appellant’s case was not particularly substantial, the publicity turned up dramatically during the trial as a result of incidents occurring around the United States and the growing Black Lives Matter movement,” Holtzclaw’s attorneys wrote in a court document filed Wednesday.

Holtzclaw, now 30, was charged with 36 counts that accused him of sexually assaulting 12 black women and one black teen between December 2013 and June 2014 while a police officer. After a six-week trial, a jury found Holtzclaw guilty on Dec. 10, 2015, of 18 sexual offenses, including four counts of first-degree rape, involving eight victims.

He is serving a 263-year prison sentence.

Race was a prominent issue from the time the case against Holtzclaw was announced. The racial aspect became more significant during the trial because the jury was allwhite and all the victims were black.

Court records listed Holtzclaw as “Asian or Pacific Islander.”

In the filing, Holtzclaw’s attorneys listed multiple incidents from the trial that dealt with “an inflamed community atmosphere.”

One incident noted in the appeal was a “story on the news ... making a big deal about the racial makeup of the jury.”

Also noted in the appeal was when the jury could hear protesters outside the courthouse chanting, “Give him life.”

Holtzclaw also contended he was deprived reasonably effective trial counsel. He was represented by Scott Adams, a well-regarded attorney.

Holtzclaw claimed his trial attorney failed to present expert testimony pertaining to the DNA evidence.

The youngest victim’s DNA was found inside and outside of Holtzclaw’s pants. At trial, defense attorneys contended the DNA was transferred there after he interacted with the then-17-yearold girl while on duty.

In the filing, Holtzclaw’s attorneys contended a “secondary transfer, rather than direct sexual contact” was more likely given the small DNA sample.