OKLAHOMA CITY — Apparently in light of a potential conflict of interest for the next attorney general, outgoing Oklahoma Attorney General Mike Hunter dismissed an attempted bribery charge against one of Gov. Kevin Stitt’s Cabinet members on Friday.
Secretary for Digital Transformation and Administration David Ostrowe took leave from his Cabinet position after he was indicted in December by the state’s multicounty grand jury, which is overseen by the Oklahoma Attorney General’s Office.
The indictment alleged that Ostrowe tried to pressure two members of the Oklahoma Tax Commission to drop penalties and late fees owed by a business owned by a former state lawmaker.
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Ostrowe has denied the allegations.
Hunter notified the governor earlier this week that he was resigning effective Tuesday, saying certain personal matters that are becoming public will become a distraction for the office.
Hunter had recently filed for divorce from his wife of nearly 40 years.
The Oklahoman reported that Hunter was having an affair with another state employee.
Stitt will appoint a successor.
The notice to dismiss the indictment was filed without prejudice, meaning the charge can be refiled.
In the notice, Hunter said the case was submitted to his office through the chairman of the Oklahoma Tax Commission after Stitt requested that a complaint be investigated by Hunter’s office.
“As a result of the pending Gubernatorial appointment of the Oklahoma Attorney General, the Office of the Oklahoma Attorney General thereby has been presented with a conflict in the existing case because said defendant is the Secretary of Digital Transformation, a Gubernatorial Cabinet Secretary,” the notice says. “We therefore offer this notice of dismissal of said criminal action.”
Alex Gerszewski, a Hunter spokesman, said the office will let the dismissal speak for itself.
Ostrowe said that “with the amount of lies — complete, utter, made-up lies — said in front of the grand jury, I probably would have indicted, as well.”
“It is so absurd what they told this grand jury, and that is what needs to be looked into,” he continued.
Ostrowe said he spoke with Stitt on Friday and expects that he and the governor will sit down and discuss the situation next week.
Asked whether he was going to pursue Hunter for malicious prosecution, Ostrowe said, “That would be a good bet. We have said from day one there was going to be no compromise whatsoever. One hundred percent of my actions were legal, ethical and in the best interest of all Oklahomans.”
Ostrowe said he will spend the weekend with his family and then reassess the situation.
“This is a very dark time in my life,” Ostrowe said. “The humiliation of these charges, then followed by anger at a point. I am happy the attorney general did the right thing on the way out the door.”
In a prepared statement, the governor said he was “relieved to hear that the charges have been dropped against David Ostrowe and look forward to seeing the name and reputation of a good man and loyal public servant restored.”
“From the beginning, I have maintained my faith in the fairness of Oklahoma’s justice system and its presumption of innocence, and I am thankful the truth has been revealed,” Stitt said.
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