Newspaper's publication of surreptitious recording of Okla. officials' racist, threatening remarks brings calls for ousters

Part of the latest front page of the McCurtain Gazette-News (Image from "The Rachel Maddow Show," MSNBC)

Bruce Willingham, publisher of the McCurtain Gazette-News in southeast Oklahoma, said he left a voice-activated recorder inside the county commissioners' meeting room March 6 because he suspected they were "continuing to conduct county business after the meeting had ended, in violation of the state's Open Meeting Act," The Associated Press reports. What the recorder picked up, and the newspaper's reporting of it, has created a firestorm.

"Oklahoma’s governor is seeking the resignation of four county officials after a newspaper’s audio recording apparently captured some of them complaining about two of the paper’s journalists and knowing hit men and where two holes are dug," AP's Sean Murphy reports. "It also appears to capture one of the four making racist comments about Black people."

Protesters called for the officials' resignations at Monday's county
commission meeting. (Photo: Christopher Bryan, Southwest Ledger)

Republican Gov. Kevin Stitt called Sunday for the resignations of Sheriff Kevin Clardy, sheriff’s Capt. Alicia Manning, Commissioner Mark Jennings and Jail Administrator Larry Hendrix. Idabel Mayor Craig Young and state Rep. Eddy Dempsey, who represents the county, echoed Stitt's call, and "More than 100 people gathered outside the McCurtain County Courthouse in Idabel on Monday, with many of them calling for the sheriff and other county officials to resign," AP reports.

In the newspaper's transcript of the recording, Clardy, Manning and Jennings appear to discuss Bruce Willingham and his son Chris, a reporter for the paper. Jennings tells the other officials, “I know where two deep holes are dug if you ever need them,” and Clardy responds, “I’ve got an excavator.” Jennings adds that knows “two or three hit men” in Louisiana who are “very quiet guys.” At another point, "Jennings also appears to complain about not being able to hang Black people, saying 'They got more rights than we got'," AP reports.

Dempsey told The Oklahoman, “Being from southeast Oklahoma, I don’t honestly think it was serious, but you still can’t take things like this lightly. You live in a glass bubble when you become a politician. I hope this gets resolved quickly. All my life we always say we don’t get enough recognition in southeast Oklahoma, but we don’t need this kind of recognition.”

AP reports, "Bruce Willingham said he believes the local officials were upset about 'stories we’ve run that cast the sheriff’s office in an unfavorable light,' including the death of Bobby Barrick, a Broken Bow, Okla., man who died at a hospital in March 2022 after McCurtain County deputies shot him with a stun gun. The newspaper has filed a lawsuit against the sheriff’s office seeking body camera footage and other records connected to Barrick’s death."

Willingham told AP he has given his recordings to the FBI and the state attorney general, and has talked with federal investigators. Before that, "I talked on two different occasions to our attorneys to make sure I wasn't doing anything illegal," he said. Joey Senat, a journalism professor at Oklahoma State University, "said under Oklahoma law, the recording would be legal if it were obtained in a place where the officials being recorded did not have a reasonable expectation of privacy," AP reports. The Oklahoman reports, "The audio released online matches some of the quoted material in the story, but The Oklahoman has not yet independently verified who the speakers were in the recordings." AP said likewise. The sheriff's office says the recording was illegal. (UPDATE, May 18: Oklahoma Press Association Executive Vice President Mark Thomas said in The Oklahoma Publisher, “These public officials, including two of three county commissioners, were meeting in a public space. There is no expectation of privacy in a public space.  That’s why people are allowed to have video doorbells that show activity on a street, or dash cams in their car, or even pull out a camera and record things they see on the street.”)

Jonathan Edwards of The Washington Post reports that Willingham sued county commissioners, the sheriff’s office, Clardy and Manning in federal court, accuding them of slander. "His suit followed years of reporting on the sheriff’s department for the Gazette-News. In November 2021, the newspaper ran the first article in what would be an eight-part series about misconduct in the sheriff’s office, according to the lawsuit. Over the next five months, the newspaper exposed several instances of alleged misconduct in the sheriff’s office based on interviews with current and former employees, including homicide evidence that had been tainted, questionable hirings of employees with no previous law enforcement experience and an investigation into who in the sheriff’s office was leaking information, the suit says. In an effort to plug the leak, Clardy threatened to fire any of his employees who spoke with Willingham, and Manning told deputies she would get search warrants for their cellphones, it alleges." The suit claims Manning defamed Willingham "by telling someone that the reporter had traded marijuana for child pornography," Edwards reports, and insinuating that he had been convicted of having child pornography and sexually abusing a child.