Update (1 p.m. Monday): An attorney for Berry's defense replied to requests for comment, stating: "It is ironic that a challenge regarding Mark’s CLEET certification is now being brought after maintaining continuing education credits with CLEET for over 15 years. ... Mark looks forward to clearing up this matter and being sworn in as sheriff for Delaware County in the very near future."
JAY — A state law enforcement agency set a hearing in October concerning the embattled Delaware County sheriff-elect and allegations he falsified records.
Mark L. Berry, 60, won the Republican runoff race on Aug. 25 and was scheduled to be sworn into office on Oct. 1, after current Sheriff Harlan Moore announced his retirement effective Sept. 30. On Tuesday , the Delaware County commissioners are expected to appoint an interim sheriff to fulfill Moore’s term.
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The Oklahoma Council on Law Enforcement and Training confirmed Berry’s meeting is set for 10 a.m. Oct. 23 in Ada.
Berry has refused to comment on allegations he filed false information with CLEET concerning his high school diploma and graduation. Numerous telephone calls and emails to his attorney, Brian Berry, were not returned. State law requires a sheriff to have a high school education.
“We need professionalism and integrity,” said Cheryl Flood, Delaware County Republican chairwoman. “It appeared that it was a good-ole boy network for so many years, and that will not work in today’s culture.”
Two previous Delaware County Sheriffs have stepped down.
Lenden Woodruff resigned in 2004 after a driving under the influence conviction, and Jay Blackfox resigned in 2011 after the county was hit with a $13.5 million civil suit judgment. The suit was filed by former female jail inmates who accused the sheriff of covering for jailers who allegedly raped and sexually assaulted them. Blackfox was never accused of any sex-related crimes.
According to campaign materials and his resume, Berry was employed with the Delaware County Sheriff’s Department from 2005 to 2012 and became CLEET-certified in 2008.
From 2006 to 2012, Berry was the arresting officer on approximately 301 cases, of which 85 cases were filed as a felony. Of those 85 felony cases, almost 40% or 33 cases were dropped, according to online court records.
Josh Lee, a criminal defense attorney based in Vinita, said the timing of those arrests should mean no extra work for the local District Attorney’s Office.
“The good news for prosecutors is none of his cases are currently pending or unresolved,” Lee said, noting the allegations cast a shadow over the convictions where Berry was the arresting officer.
Berry’s arrests included serious crimes: animal cruelty, burglary, assault and battery with a dangerous weapon, kidnapping, domestic abuse and more.
“What comes into question is the integrity of his previous arrests,” Lee said. “If he lied to get the job, would he lie to keep the job.
“Did he lie about a suspect’s confession or a consent to search?”
Those questions could be raised by a post-conviction relief motion from multiple defendants, he said.
A review of the cases through online court records showed 14 defendants were sentenced to the Department of Corrections, though some piggy-backed on other charges. Two defendants were sentenced to serve time in the Delaware County jail, the review showed.
Lee explained the precedent set after a man was convicted of bank fraud without jurors being told his partner, a teller, had been offered immunity from prosecutors in exchange for testifying against him.
“Giglio is a very important and misunderstood case,” Lee said. “Law enforcement officers are affected by this decision.”
The Supreme Court ordered a new trial in 1972, a ruling that laid the groundwork for disclosing similar information, Lee said. If a law enforcement officer’s credibility is in question, that is a factor in future cases, he said.
Records show Berry stated conflicting information about whether he graduated from Grove High School in 1979, Colcord High School in 1978 or from Colcord in 2005. His senior photograph is listed with the Grove senior class in a Grove 1979 yearbook.
Sources close to the investigation said Berry did not have enough credits to graduate from Grove in 1979; no Colcord High School transcript could be located, and no record exists of Grove Public Schools sending Berry’s high school transcript to Colcord as a transfer student.
In newspaper articles surrounding the 2016 and 2020 Delaware County sheriff’s race, biographical information shows Berry stated he graduated from Grove High School, and a 2016 election website shows Berry indicated he was a Grove graduate.
Should Berry not be able to assume the post, a special election will be set for 2021 to elect a new sheriff.
“Voting is a privilege, and I encourage all Delaware County residents to become informed and vote,” Flood said.
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