What is wrong with our current DA?

I have had several people ask me what is wrong with our current DA. This is a fair question as unless you are a victim or a perpetrator you will likely have little or no experience with the DA’s office.

The trouble with the current DA’s office can be boiled down to a few simple points.

1. Leadership – Your current DA does not provide clear leadership to his staff. It is reported he spends a large amount of time teaching at NSU and managing his rental properties. While I will not judge him on these accusations, I will say that if these are truly issues, it contributes to the lack of clear leadership his office should exude.

The current DA also has very little, if any, major trial experience in front of a jury. How can you expect to direct your staff in how to manage a large drug bust, murder or molestation case when you have no experience yourself?

Another place where leadership can be exhibited by the DA’s office is in helping local law enforcement better understand how to collect evidence and what is required to build strong cases. As a former police officer, Brian understands the pressures and day to day life of the men and women in law enforcement. Having started his career in a small town, not unlike most in District 27, he also has a grasp on the lack of resources and training that can be present due to budgetary constraints. Having served as an ADA in Tulsa County, Brian had the opportunity to work closely with the law enforcement personnel and learn how to help them best understand the requirements of evidence collection to prosecute serious crimes. Bringing this experience to local law enforcement and helping them understand how to better do their jobs will enable Brian and the ADAs to do their jobs better as well.

2. Standards – Standards are critical for ensuring that justice is served in as many cases as possible. The current DA’s office does not seem to have any standards set in place for ensuring that cases are properly handled and sent to trial. When you browse the records on the state courts web sites (www.odcr.com, www.oscn.net) and look for the disposition of cases you will see that most end in plea bargains with little or no prison time. While plea bargains are an important part of the justice system, they should benefit the community, not the criminal. Strong standards in addition to leadership will ensure that the DA’s office does not make a practice of letting violent and repeat offenders re-enter the community without so much as a day of prison time.


3. Passion – Brian has a drive deep inside to step forward and stand in the gap. The gap that he has been prepared for is where justice is not being served in District 27. The current DA likes to talk softly about bad checks and budgets, yet his office seems to routinely let criminals back out into our community without paying their debt to society. This does not translate into justice being served.

Having a passion for the law that started when he was young and has continued throughout his career, Brian could not stand by and watch while criminals are being put back on the streets and citizens and law enforcement personnel are being put in danger. This passion continues even when it is evident that criminal organizations in the district will work tirelessly to thwart justice because being an agent of justice is part of who and what Brian is. Spend some time talking with him and you will know that a fire burns deep within his soul to see justice served properly for our citizens.


Rolling these qualities into your DA and his office will result in justice being served. District 27 has suffered under the cloud of injustice for long enough. It's time for a change to someone who is not a part of the existing good old boy system. It's time for Brian Kuester to be DA!

About Plea Bargains - How and Why

Plea bargains are used by the office of the District Attorney to help manage case load and to ensure that justice is carried out, even in cases where the strength of the evidence may not be strong enough for a jury trial. Basically, these agreements between prosecution and defense are having the accused admit guilt and receive a sentence. Ideally, the outcome is a sentence that ensures the offender pays their debt to society.
It is important that plea bargains are balanced with jury trials to ensure that appropriate sentencing agreements are made. If they are out of balance, plea bargains usually end up benefiting the defendant, rather than society.

Where can I see cases that are being prosecuted?

Information on cases that have been or are currently being prosecuted can be found on OSCN (http://www.oscn.net) for Adair County under the search dockets feature or in ODCR (http://www.odcr.com) for Wagoner, Cherokee and Sequoyah counties.

What is a deferred prosecution agreement?

I have seen some information on deferred prosecution agreements and wondered what exactly they are. After talking with Brian, here is the short of it.

A deferred prosecution agreement is a tool that the DA can use in lieu of filing criminal charges. It is in essence a contractual agreement between the DA’s office and the non-violent offender. The DA’s office agrees not to file criminal charges against the offender and the offender agrees to certain terms and conditions of probation. If the offender violates any of the terms of probation then the DA’s office is no longer bound by its agreement to forego criminal prosecution and should file criminal charges against the offender for the original crime. Deferred prosecution cases do not appear on OSCN or ODCR unless charges are filed following the offenders violation of probation.

General Info about this forum

There are often misconceptions about the office of District Attorney and where the lines of responsibility are drawn. If you have questions about the office, whether it is how the legal process works, why deals are offered, drug courts, etc., please feel free to post them here.