An Oklahoma City attorney is facing prison time after being arrested inside the Oklahoma County jail. The Sheriff's office says the investigation began a week ago when a female inmate told deputies the man she thought was her attorney was engaging in sexual acts during visitations.
Deputies arrested Frank Kirk, 70, on Monday after setting up a sting that caught him on audio tape with the inmate. Investigators say the inmate originally contacted Kirk in January about representing her, but it turns out he never filed to be her attorney of record.
"Kirk told the victim that since she didn't have the cash to pay for his services she could make it up to him by performing sexual acts instead," said Sheriff John Whetsel.
Sheriff Whetsel said the investigation revealed the Kirk only pretended to represent the woman who was in jail on drug charges. She discovered the ruse when the public defender's office contacted her about her case. That's when the woman talked to deputies and agreed to assist in the investigation.
Investigators say the woman met with Kirk inside the jail and he is heard on audio tape making advances towards her. The sheriff's office says the woman was told to use the phrase "my pants are too tight" to signal deputies to enter the room. "During his visit, Kirk furnished her with lubricating jelly and a sex toy and as this began our investigators opened the door and arrested Frank Kirk immediately."
According to court documents the female inmate told investigators that Kirk coerced her into performing sexual acts while he watched at least four times.
Deputies found a cell phone with Kirk after his arrest. Bringing a cell phone into the jail is a felony. Kirk is now facing charges of possession of contraband and multiple counts of offering to engage in an act of lewdness.
"The sex toys and lubricant and stuff like that I can't imagine in a million years any lawyer would do anything like that and hopefully there's been a misunderstanding but it doesn't seem that way to me," said defense attorney Scott Adams.
Adams has experience representing attorneys accused of misconduct. In 2007 he successfully defended noted defense attorney Mike Gassaway in a case that involved accusations he traded legal services for sexual favors. Even though he was found not guilty, the case ended with him losing his law license. That is something Adams expects will happen to Kirk.
"If this is true it will cost him his law license," Adams told Fox 25, "There's no question about it. It doesn't get any more serious than that."
Adams says any attorney misconduct reflects poorly on the entire legal community. "It doesn't look right and it makes me sad as a lawyer because you spend your entire career trying to not only uphold your reputation but your profession's reputation."
However Fox 25 has learned this is not the first time Kirk has been in trouble with the law. According to published reports and federal records Kirk entered a guilty plea in 1985 to a misdemeanor conspiracy charge. That charge was part of a case where prosecutors alleged he helped set up sham marriages. Kirk was sentenced to six months in federal prison for that crime.
Sheriff Whetsel says the current case is causing a review of policies at the jail. Traditionally attorneys have been allowed to bring in briefcases, which is what investigators say Kirk used to transport the sex toys and other intimate items into the jail. The sheriff says those policies will be under review, but changes are limited due to the age and condition of the county jail.
"We have a very poor facility to try and do that in," Whetsel said. The sheriff said they want to make sure there are tighter controls on attorney-client visits while protecting the protected visits.
Fox 25 called and went by Kirk's law office. The office staff said he had not been in Wednesday and they had been unable to contact him. When we went by his home address someone was home, but no one answered the door.