A Lawton woman charged under a 96-yearold statute with the criminal slander of Lawton’s city prosecutor was found not guilty Friday.
Matina Michelle Davis, 52, was exonerated by an all-white Comanche County District Court jury comprised of two men and four women.
Amended information filed June 20, 2024, by Comanche County District Attorney Kyle Cabelka alleged that on Oct. 23, 2023, Davis “willfully, knowingly, or maliciously” posted on a social media account “a false rumor or report of a slanderous or harmful nature or detrimental to the character of Alan Rosenbaum,” Lawton’s city prosecutor who earned his juris doctorate from the Oklahoma City University law school, “by stating on the social media account” that Rosenbaum “had been indicted by a grand jury, which was false.”
The post appeared on the “Whistleblower Voices” page on Facebook.
In one of four videos shown to the jury, Davis is heard asking Lawton police why she was being singled out, since she is one of seven administrators of that page.
Lawton Police Detective Josh Gardner is heard telling Davis, “You probably rubbed someone the wrong way,” and told Davis that she is “very vocal and out there.”
In later testimony, her attorney, Aaron Easton of Oklahoma City, asked Gardner if he was essentially telling Davis that she was being retaliated against. The detective answered yes.
In questioning by Easton, Gardner acknowledged that he was not assigned to the case officially but nevertheless he sat in on the interview of Davis.
The videos shown in court indicated Gardner played an active role in the interview, but he stated he was not aware of the details of the investigation. The detective who was assigned to Davis’ case is no longer affiliated with the Lawton Police Department.
Assistant District Attorney Brent Parmer questioned Rosenbaum about his military service and established that he had a lengthy and distinguished military career.
Rosenbaum struggled to remember details of the Facebook posts and timelines of events. The presiding judge, Christine Galbraith, allowed Rosenbaum multiple opportunities to review his notes that were part of the case file. Multiple objections were raised about the authenticity of the printouts since they were printed by Rosenbaum’s legal assistant.
Rosenbaum was questioned about a police report he made in June 2024 regarding an email concerning a rumor that Davis stated he had been disbarred. The email in reference was sent by Lawton Constitution reporter to Caitlin Gatlin, communications manager for the City of Lawton. Gatlin forwarded the email to Rosenbaum, who then made the police report asking for the claim to be investigated.
Easton asked Rosenbaum if he had an outburst at a protective order hearing concerning Davis. It was revealed in testimony that Rosenbaum interjected himself into the protective-order hearing by standing up and claiming Davis was lying. Rosenbaum stated he was defending himself against Davis’ “malicious” lies and statements.
Police did not apply for a search warrant to verify the author of the allegedly slanderous post on social media. And when the jury heard Gardner say that police “would not waste hours on getting subpoenas for a case like this,” the prosecution’s case collapsed.
The jury returned its not guilty verdict after just a few minutes of deliberation.
The 1929 statute Davis was charged with violating states, “Any person, who shall willfully, knowingly, or maliciously repeat or communicate to any person, or persons, a false rumor or report of a slanderous or harmful nature, or which may be detrimental to the character or standing of such other person, or persons, whether such person is a private citizen, or officer, or candidate for office, shall be deemed guilty of a misdemeanor…” During the trial, court personnel repeatedly admonished members of the gallery and the news media to shut off their mobile phones – even when the judge and jury were not in the courtroom – or they would be held in contempt of court.
A trial in Davis’ slander case initially was scheduled for June 26, 2024, but Special District Judge Galbraith continued the criminal case to a later date after the Oklahoma Indigent Defense System (OIDS) petitioned the court to withdraw from Davis’s legal representation in that case. Davis “is not indigent … based on monthly income,” OIDS wrote in documents filed in court.
Davis, 52, uses three last names. In district court she is charged as Matina Davis, and on Facebook she identifies herself as Matina Davis- Abney. But in some court documents, and during an appearance before the Lawton City Council on June 10, she used the name Matina Davis Prudhomme.
Davis was one of four candidates who opposed Stan Booker in his bid for a third term as Mayor of Lawton. In the Aug. 27, 2024, election she placed last.
Another case is on appeal Davis was convicted in Comanche County District Court in another criminal misdemeanor case, but has appealed that verdict to the Oklahoma Court of Criminal Appeals.
Davis filed a complaint with the Lawton Police Department in January 2023 that accused former Lawton Ward 7 Councilwoman Onreka Johnson of harassment and intimidation. But on May 8, 2024, a Comanche County District Court jury convicted Davis on a charge of false reporting of a crime.
Judge Galbraith set punishment at a $250 fine; $83 in court costs; a $30 District Attorneys Council prosecution assessment for a misdemeanor; a $10 sheriff’s service fee for courthouse security; $500 for a court-appointed attorney; a court clerk administrative fee of $84.60; a district court administrative fee of $126.90; and $700 in fees for six jurors and an alternate over a two-day period.
Davis filed a notice of intent to appeal one week later, and Scott Braden of Norman’s Oklahoma Indigent Defense System office was assigned to represent her. The State of Oklahoma is represented in the case by the Office of Attorney General Gentner Drummond.
The appeal was still pending last Friday.