EP 12: Tabitha Barnes Allegations Scrutinized (Part 1)
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TRANSCRIPT
Episode 12 ׀ Daniel Holtzclaw: Tabitha Barnes Allegations Scrutinized (Part 1)
Disclaimer: This podcast deals with adult subject matter, including depictions of drug addiction, prostitution, sexual assault, and rape. Parental guidance is suggested.
00:10 [OPENING AUDIO COLLAGE]
Newscaster: Officer Daniel Holtzclaw, with the Police Department for three years, is accused of raping and sexually assaulting women he pulled over while on the job.
Jannie Liggons: He said, ‘Come on, come on, just a minute, just a minute’. I say, ‘Sir, I can’t do this’. I say, ‘you gonna shoot...’
Det. Kim Davis: Tell me your description of him.
Sherri Ellis: He’s black.
Det. Kim Davis: He’s b—okay, black male.
Det. Kim Davis: What did your daughter tell you?
Amanda Gates: She said, ‘I met this really hot cop’.
Shardayreon Hill: So, this is good evidence?
Det. Rocky Gregory: Well, you tell me.
[OPENING AUDIO COLLAGE ENDS]
Timestamp: The following episode contains investigative events which occurred August 14 through August 17, 2014.
01:00
Host: I sincerely want to welcome you back to Bates Investigates – Season One. This is episode twelve of the case of Oklahoma vs. Daniel Holtzclaw. In the last episode, we heard the August 17, 2014 interview between Oklahoma City Police Sex Crimes Detective, Rocky Gregory, forty-one year old Holtzclaw accuser, Tabitha Barnes, and her eleven year old daughter. Barnes had first been approached by Detective Gregory on August 14th after he went to her home and inquired if she was the victim of an unreported sexual assault. When Barnes indicated that she had been harassed by an Oklahoma City Police Officer and inappropriately touched, Gregory called for his boss, Lieutenant Timothy Muzny, to come to their location and witness the interview. What Detective Gregory and Lieutenant Muzny failed to do, however, was to audio record any of this initial interview. Instead, the official investigative report claims that Barnes was sleepy and nodding off due to being up all night and recently taking the prescription medicine Ambien. Detective Gregory ended the interview and reportedly rescheduled for 10:00am the following day at Barnes’ residence. Personally, I find this very troubling. For one, I do not believe that Detective Gregory, a seasoned Sex Crimes Investigator, took the time to drive to Barnes’ home, and then call and ask his boss to join them, but neglected to record the resulting interview. You'll recall that up to this point investigators had just recorded accuser Florene Mathis the day before and recorded accusers Sherry Ellis and Terri Morris on multiple occasions. Furthermore, Lieutenant Muzny didn't even bother to file a supplemental report noting his presence during this interview and what he heard and observed. I personally believe that was a deliberate act to further distance himself from this particular encounter. If you care for my opinion, I firmly believe that Detective Gregory did indeed record this first encounter with Tabitha Barnes. However, she was so high, so incoherent and unable to remain conscious, that Detective Gregory knew the recording would not reflect well on Barnes or her credibility; and therefore, he had no other option than to terminate the interview and start again at a later date. In fact, Detective Gregory said this to Barnes when he finally met with her again, in reference to her incoherence just days before.
03:53 [RECORDING BEGINS]
Det. Rocky Gregory: You seem a lot more clear—clear minded today.
[RECORDING ENDS]
Host: There is also another troubling possibility, and I'll get to that one in just a moment. Detective Gregory claims he returned to Barnes' residence the next morning, but that she was not home. According to his report, he called her contact numbers several times and returned to her home over and over again over the next couple of days (at least five times to no avail). Keep in mind, Barnes is unemployed, broke, has at least three young children and doesn't drive. Yet, Detectives claim that she isn’t home and they can't locate her. However, on August 17th at around 2:15 in the afternoon, Detective Gregory is once again at Barnes' residence. This time she is home, and he records the subsequent interview that you heard in episode eleven. I find the timing between the first interview with Barnes - the one that was mysteriously not recorded and cut short on August 14th - and the one that was recorded only three days later on August 17th. An important event happened just prior to the first interview and immediately following that interview, but prior the second recorded interview. On August 13th, investigators, you'll recall, met with accuser Florene Mathis at the Oklahoma County Jail. I covered her allegations in episode ten. As I alluded to in that episode, Florene Mathis has a direct connection to this episode and Tabitha Barnes. For one, you may remember that Mathis admitted that she frequented and had just left a crack house near Northeast Sixteenth and Jordan Avenue shortly before Daniel Holtzclaw allegedly touched her breasts inappropriately on April 14th of 2014. We also know from episode ten that Holtzclaw never encountered Mathis where Mathis claims she was sexually assaulted - near Northeast Seventeenth or Northeast Eighteenth and North Kate Avenue. Instead, GPS and radio dispatch records clearly show that Holtzclaw twice encountered Mathis at Northeast Fifteenth and Jordan and that both times suspected she was in the area buying and/or using illegal drugs. Well, guess who lives at the corner of Northeast Fifteenth and Jordan Avenue… That's right, Tabitha Barnes. And Tabitha Barne repeatedly claims that Officer Holtzclaw suspects her and her home to be responsible for dealing crack cocaine and PCP in the immediate area.
06:47
Now, before you go thinking I'm making associations between Mathis and Barnes that are unwarranted – specifically, that Barnes was dealing crack cocaine and Mathis was one of her customers—just know that at trial, Florene Mathis admitted she has indeed smoked crack cocaine, with Tabitha Barnes inside Barnes' home at Northeast Fifteenth and Jordan Avenue. Furthermore, it was made known to Holtzclaw's defense counsel prior to trial, and then confirmed at trial, that Mathis claims she worked for Barnes as her housekeeper. Barnes at this time was unemployed, a convicted felon, the single mother of at least six children, with at least three of those children being minors, and was a hundred percent on government assistance for food, utilities and rent. And the house Mathis smoked crack cocaine in with Barnes on multiple occasions while working as Barnes' housekeeper - it's a tiny, modest, single story, two bedroom, one bath, seven hundred and twenty square foot home built in 1955. Yet, nowhere in any of the reports I have generated by Detective Davis or Detective Gregory does it reflect any conversation where Mathis admits to knowing, working for, or smoking crack cocaine with Barnes in her home. As a matter of fact, nowhere in any reports that I have do investigators question Tabitha Barnes about her drug usage or possible dealing. Yet, she repeatedly states that Officer Holtzclaw inquires about her drug dealing each and every time he encounters her. I find it odd that investigators would intentionally stay away from that topic with Barnes, when they specifically addressed drug usage with Morris, Ellis, and Mathis. The day after interviewing Mathis at the Oklahoma County Jail, Detective Gregory just happens to show up on Barnes' doorstep. And it's the only interview where Gregory calls his boss to attend the interview in the field while also allegedly not recording the resulting interview. Less than twenty-four hours after cutting short their unrecorded interview with Barnes, investigators return to the Oklahoma County Jail and speak with Florene Mathis yet again. They claim they didn't bother to record that interview because they were only there to get a DNA sample. A DNA sample? Mathis alleged she was simply touched, on top of her clothing, on a single breast, and that was two months prior to Ligons even being stopped. Exactly what DNA did they think had been transferred and would match the DNA on Holtzclaw's pants? Surely they weren't actually at the jail because of something Barnes said during her unrecorded interview that linked her and Mathis and crack cocaine. I can only speculate that that is exactly why they returned to the jail and didn't record that interview either.
10:06
Two days later, on August 17th, Detective Gregory once again returns to Barnes' residence and completes his interview. That's the interview you heard in episode eleven. With the benefit of that recording, the official investigative reports, and trial testimony, I'm going to now break down Tabitha Barnes' allegations and discuss the red flags and contradictions that investigators and the prosecution would most likely prefer to remain unscrutinized. For starters, all of the police investigative reports I used to compile this episode are posted on this episode's home page at holtzclawtrial.com. You can also check this episode’s show notes in your streaming app for a direct link. If you get a chance, take the time to look these reports over. Something that should stand out to you is the fact that Detective Gregory repeatedly refers to Officer Holtzclaw in his official report as "Spike." He claims that's a nickname given to Holtzclaw by Barnes and her children, because they didn't know his real name but associated the nickname with his spiked hairstyle. In fact, Detective Gregory refers to Officer Holtzclaw as Spike at least fifteen times in his report regarding his first and second interviews with Tabitha Barnes. Here's the problem though, nowhere in the recorded interview from episode eleven do you hear Tabitha Barnes or her daughter ever refer to Holtzclaw as Spike or any other nickname. Which begs the question: when exactly was this nickname provided to Detective Gregory and why was that meeting not noted in any investigative reports? The fact that Barnes, nor her daughter, ever call Holtzclaw Spike in their initial interviews - which I'll remind you took place almost five months after the last time they claim they ever saw Officer Holtzclaw - leads me to believe this really wasn't a nickname they associated with Holtzclaw at the time of the alleged incidents. Instead, I think it's far more likely that that nickname was something that resulted from later meetings with investigators that went undocumented. Regardless, the very first forwarded fact by Tabitha Barnes should have immediately sent up red flags. Unlike previous accusers who are unsure of either the specific date or location of their alleged assaults, Barnes is certain of both. She repeatedly claims the assault occurred in front of her house and on March 4, 2014. Detective Gregory even repeats that date back for her confirmation.
13:01 [RECORDING BEGINS]
Det. Rocky Gregory: You said it was the fourth, but you don’t know what month. And that’s where the—the stop was right here.
Tabitha Barnes: That was March.
Det. Rocky Gregory: That was March?
Tabitha Barnes: March 4th about 12:30.
Det. Rocky Gregory: Okay, that was, that—that was the first incident. Correct?
Tabitha Barnes: That was the first incident.
Det. Rocky Gregory: Okay. So that was March 4th. Okay. And I will—I will put that down. Okay.
[RECORDING ENDS]
Host: However, Detective Gregory knows, like with accuser Morris, that the date given doesn't work and actually exonerates Holtzclaw. GPS data and police records for March 4, 2014 show that Officer Holtzclaw couldn't have had any contact with Tabitha Barnes. But, Barnes recalls the date because she associates it with a very specific action that night. Remember, she had an adult friend over and her daughter was also having a slumber party. They were all in the car waiting for midnight because that's when Barnes' SNAP or food stamp card renews (at midnight) and they wanted to go get some ice cream and snacks. But, there's a problem with that scenario and Detective Gregory knew or should have known it. Holtzclaw's patrol car GPS shows him at Barnes' residence for the first time on February 27, 2014. Not March 4th. And you can't simply say she's getting the date wrong, because she's associated that date with very specific events - the renewal of her food stamp card. That said, SNAP or food stamp benefits are only distributed on specific days each month: the 1st, the 5th and the 10th. So, Barnes probably was in her car on the evening of March 4th, and waiting until midnight or 12:01 on March 5th, for her food stamp card to be renewed. But, she couldn't have encountered Holtzclaw on that date. Which begs the question, is she simply getting the date and her activities wrong or is she referencing the right date, just a different police officer? Regardless, she's certain of the date: March 4, 2014. There was a way Detective Gregory could have clarified this from the very beginning. Barnes made this statement during their interview.
15:37 [RECORDING BEGINS]
Tabitha Barnes: No.
Det. Rocky Gregory: Okay.
Tabitha Barnes: But if you showed me a picture I bet you I could identify him.
[RECORDING ENDS]
Host: However, as well all know by now, none of the accusers beyond Terri Morris was ever shown a photo line-up regardless of the fact that the accuser specifically said they could pick their attacker out if a photo was show to them. Regardless, by the time this case rolls around to trial, Barnes now magically is certain the date matches Holtzclaw's GPS on February 27, 2014. Yet, nowhere in any official investigative report, does it reflect a meeting wherein Barnes has this epiphany with investigators that she now remembers a new date. She simply shows up to court, primed and ready to go, with a date that just happens to exactly match the date Detective Gregory needs her to say. The next uncertainty comes when Tabitha Barnes identifies who all was present when she was stopped by Officer Holtzclaw. According to Barnes, they were all in her green, four door Saturn and it was her in the front passenger seat, her thirty-five year old friend Angela Cooper in the driver's seat, and Barnes' thirteen and eleven year old daughters in the back seat. When Cooper was interviewed, however - which wasn't for over a month and only after Holtzclaw had been arrested - she claims in the car was herself as the driver, Tabitha as the front passenger, one of Tabitha's daughters in the backseat, along with a friend of the daughter that was staying the night. Further evidence shows that the daughter was most likely the thirteen year old and her thirteen year old friend. Cooper gives no mention of the eleven year old daughter. That's the same daughter that was interviewed by Detective Gregory on August 17, 2014. This discrepancy caused me to go back and listen to the recording of that interview again. And sure enough, if you listen to that interview, without the bias of assuming that the eleven year old daughter was there that night, it becomes obvious that the eleven year old daughter wasn't in fact in the car during that early morning stop. She literally is never asked directly by Detective Gregory if she was there during the Holtzclaw stop in late February. And Detective Gregory specifically points out to her that he can tell that she was coached by her mother.
18:14 [RECORDING BEGINS]
Det. Rocky Gregory: Let me ask you this, and this is, I—I know what you’ve heard. The thing—the story that you just told me, I am sure that your, your momma told you that, correct?
Barnes’ 11 year old daughter: My momma told me what?
Det. Rocky Gregory: About what happened.
Barnes’ 11 year old daughter: Yeah.
[RECORDING ENDS]
Host: Yet, at trial, it was still forwarded by the prosecution that the eleven year old daughter was present, even though when they called her to the stand, she clearly claimed she had never met Officer Holtzclaw until March 25th of 2014. That's almost a month after the midnight stop in February. In fact, not only does Angela Cooper not mention the eleven year old's presence in the car, but neither does Barnes' thirteen year old daughter or the thirteen year old daughter's friend. So, we are not even into the allegation and the accuser has an impossible date that she is certain of, and has forwarded an eleven year old witness that she has coached and was not even present regardless of the date given. Here's what I do know: some officer may have encountered Barnes and touched her on March 4, 2014, but it wasn't Holtzclaw. He did, however, encounter Barnes on February 27, 2014 and in the car during that encounter was Angela Cooper as the driver, Tabitha Barnes as the front passenger, and in the backseat was Barnes’ thirteen year old daughter and her daughter's thirteen year old friend. Where the car was parked when Officer Holtzclaw arrived on scene is also a bit suspicious. It wasn't parked in the driveway and it wasn't parked directly in front of Barnes' house. According to Barnes, the car was in the street, on Northeast Fifteenth, facing east towards the stop sign at Jordan Avenue. However, the car was parked to the west of her residence. Actually, it was in front of the property line of her neighbor's home. We know this because Barnes testified that when she saw the police cars behind her, she pulled the car up and into her driveway. Which begs the question, why not park in your own driveway or in front of your own home? Is it because you don't want your car associated with your house? Is it you don't want people to know anyone is home? Or, is it because there is so much traffic coming and going from your house, you are freeing up space? You know, like a drug house. Regardless, again, Barnes makes another assertion that is not supported by the facts. She claims that while they are sitting in the car waiting for midnight, that she sees two patrol cars drive south on Jordan Avenue and then apparently round the block and pull in behind and beside her. We know that's not true and Detective Gregory knows it's not true either.
21:12
Holtzclaw was the first on scene and he was alone. Holtzclaw's GPS has him arriving at 12:06am. The second officer, Patrolman Ivan Venegas, doesn't arrive for two more minutes. When Officer Venegas was interviewed (which wasn't until after Holtzclaw had been arrested) he stated that when he heard Officer Holtzclaw radio in that he was on a car with multiple subjects, he decided to drive to the area to assist and back him up. Which puts up another red flag supporting Holtzclaw's innocence. Why in the world would Holtzclaw put himself out at a location where he plans to sexually assault someone and do it in a way that will most likely cause backup to arrive? At this point, the two patrol cars are on scene and have their strobes on. Officer Holtzclaw, who would be the lead officer in this instance, exits his vehicle and walks up to Barnes' vehicle. This brings up an interesting detail that Barnes and Cooper neglected to share with Detective Gregory, but was shared by Barnes' daughter’s thirteen year old friend. According to the teen, when Holtzclaw walked up to the car, he shined his flashlight into the car and spotted some pills that were scattered about. Officer Holtzclaw asked what the pills were and the teen said that Barnes produced a prescription bottle in her name and showed it to Officer Holtzclaw. According to the teen friend, Holtzclaw then asked the girls their names and wrote down their information. According to Officer Venegas, when he joined them, he and Holtzclaw both inquired of Barnes and Cooper about their drug usage and drug activity, specifically crack cocaine. At 12:14am, just eight minutes after being stopped, Cooper says that Holtzclaw ran both of their names while they were still in their car together. Cooper came back clear, meaning she had no warrants. Barnes, however, came back with three minor City cost warrants for Destroying Property, Failure to Appear, and Possession of Marijuana. The following is that actual radio transmission.
[RECORDING BEGINS]
Off. Daniel Holtzclaw: Two Charlie Forty-Five, standby.
Dispatcher: Charlie Forty-Five, go ahead
Off. Daniel Holtzclaw: I need to run, first subject’s last name is Barnes. Baker-Edward, uh, Baker-Adam-Robert-Nora-Edward-Sam. First name is Tabitha. Tom-Adam-Baker-Adam-Tom-Henry-Adam. Date of birth is [redacted]. Black female. Second subject’s last name is Cooper. That’s Charles-Ocean-Ocean-Paul-Edward-Robert. Uh, first name is weird. It’s Angelo Shantay Nicole. That’s, uh, Adam-Nora-George-Edward-Lincoln-Ocean. Shantay is Sam-Henry-Adam-Nora-Tom-Adam-Young. And Nicole is Nora-Ida-Charles-Ocean-Lincoln-Edward. Date of birth is [redacted]. Black female.
Dispatcher: Charlie Forty-Five.
Off. Daniel Holtzclaw: Go ahead.
Dispatcher: Tabitha Barnes has three CAW’s for Darren-Paul one, Frank-Adam two, Sierra-John one. Angelo Shantay Nicole Cooper is clear.
Off. Daniel Holtzclaw: All right, ten four. [inaudible]
[RECORDING ENDS]
24:31
Host: Officer Venegas didn't recall the specifics, but did think the women were split up at some point as that would have been normal procedure, and that they were run shortly after he arrived on scene. Venegas said that he had some small talk with Cooper and interacted with the kids because they were playing and joking around. Officer Venegas said it was cold outside so at some point he told the kids they could go inside. Barnes and Cooper, however, gave a different version of events to Detective Gregory. Both claimed that the presence of the police was scaring the kids. Tabitha went as far as to claim that she told Holtzclaw he was scaring her kids and that Holtzclaw told them their mother was going to be fine and that it was he who told them to go inside. Venegas and even the kids themselves contradicted that version of events. Officer Venegas testified at trial that the kids continued to play around and occasionally poked their heads out the front door or the window. He didn't recall them being scared at all. Barnes' thirteen year old daughter and her friend seem to corroborate this when they each recalled going inside, looking out the window once or twice, but overall just hanging out and not paying much attention to what was going on outside. After a brief interview, Officer Venegas released Cooper and she recalls that she went inside the house too. Cooper said that a few minutes later she looked outside and saw both officers still there and Barnes in the backseat of Officer Holtzclaw's patrol car. Officer Venegas recalled that he remembered Holtzclaw talking to him briefly about how the shift was slow, and that he was bored, and that he was considering taking Barnes to jail on her City warrants. Venegas said that by the end of their conversation Holtzclaw had decided to "not mess with it." At this point Officer Venegas got back in his patrol car and left. He indicated it was his recollection that Officer Holtzclaw left the scene not long after him. According to GPS data, Officer Venegas pulled away at 12:21am, or just thirteen minutes after arriving. Officer Holtzclaw pulled off the stop just eight or nine minutes later at 12:30am. It's what happened in those eight to nine minutes that is in dispute. Barnes says she was forced to expose herself and then inappropriately touched. Holtzclaw says nothing of the sort ever occurred. Barnes stated that after Venegas had driven away and Cooper had gone inside the house, that Holtzclaw exited his patrol car and opened the passenger door where Barnes was still seated. Even though the temperature that night was in the low twenties, Barnes said she was wearing long pajama bottoms and a white t-shirt. In the recorded interview with Detective Gregory, Barnes was insistent that she was also wearing a bra.
27:34 [RECORDING BEGINS]
Tabitha Barnes: The first time I did.
Det. Rocky Gregory: The first time you did have a bra?
Tabitha Barnes: Mm hmm.
Det. Rocky Gregory: Oh, I thought you said, the other day, you did not have a bra.
Tabitha Barnes: Unh uh, w—the first time I had a bra on because I lifted it up.
Det. Rocky Gregory: Uh huh.
Tabitha Barnes: Lifted the bra up. And it wasn’t good enough for him.
[RECORDING ENDS]
Host: However, by the time the trial rolled around, she changed her testimony and then claimed she wasn't wearing a bra at all. That's not the only flip flopping Barnes does with her version of events. You'll recall Barnes told Detective Gregory that she was seated in the back seat of Daniel's patrol car, facing out the door with her feet outside the car and on the ground. At the Preliminary Hearing, Barnes said she was seated facing forward with her feet in front of her in the car and on the floorboard. This would have made it much more difficult for her to turn, face Holtzclaw, expose herself, and for him to have lifted each of her breasts with his hands. And wouldn't you know it, once trial rolls around, the prosecution has cleaned that up too, and Barnes is once again seated facing out with her feet on the ground. Barnes stated that Holtzclaw began asking her if she had any drugs hidden on her, to which she replied she did not. Barnes says that's when Holtzclaw asked her, "Can you show me that you don't have anything on you?" Barnes said she knew what that meant and raised her shirt to her belly, to which Barnes claims that Holtzclaw responded by saying "No! Do you have anything under your shirt?" During her recorded interview, Barnes told Detective Gregory that she asked Holtzclaw, ‘Shouldn’t you have a female officer come to search me?’ However, at the Preliminary Hearing, when asked by Prosecutor Gayland Gieger, Barnes replied that she thought he needed a female officer to search her, but that she never actually said anything about it. Barnes went on to state that she knows male officers are supposed call for a female officer because, "I used to sell drugs." But, as luck would have it for the prosecution, this contradiction too was corrected by the time the trial rolled around. At trial, she testified that she did indeed tell Holtzclaw he needed a female officer to perform a search upon her. When asked why she mentioned this to Officer Holtzclaw, Barnes testified, "I watch a lot of police shows. I mean a lot." Just for quick clarification, it was discussed at trial and it is not a requirement that male Oklahoma City police officers must have a female perform searches upon female suspects. Barnes claims that Holtzclaw next barked out to her, "Let me see!" At this point Barnes claims she knew she either needed to expose her breasts to Holtzclaw or she was going to jail, so she did just that. Again, while meeting with Detective Gregory Tabitha Barnes is very clear that she was wearing a bra and that she lifted it and her shirt for Holtzclaw.
30:50 [RECORDING BEGINS]
Tabitha Barnes: This time, I know I didn’t have no bra on.
Det. Rocky Gregory: On—on—on the first time, that he picked up your bare breasts.
Tabitha Barnes: Mm hmm.
Det. Rocky Gregory: Okay.
Tabitha Barnes: I—I had, cause I just did like this with the—with my shirt and my bra.
Det. Rocky Gregory: And then he had you expose them.
Tabitha Barnes: Yeah.
Det. Rocky Gregory: So you had to pull your bra up over your breasts on that first time?
Tabitha Barnes: And, with my shirt.
Det. Rocky Gregory: Is that correct? Is that what you said?
Tabitha Barnes: Yes. With my shirt.
Det. Rocky Gregory: I’ll make that correction in my report. I—I misunderstood you, I didn’t think you had a bra on that first time. So, you did have a bra, he just had you pull it up and then he lifts.
[RECORDING ENDS]
Host: However at trial, she once again changes her story, and in this version she isn’t wearing a bra. Barnes says that because her breasts sag, Holtzclaw asked her if he could lift them up to look underneath for hidden contraband. Holtzclaw then allegedly took one breast in the palm of each hand, lifted and then returned them and let go. According to Barnes, Holtzclaw then asked her how much time she needed to pay off her tickets and ended the conversation with "I can help you if you play by my rules". If you read this report on this episode's homepage, you'll notice that every alleged quote from Holtzclaw comes with an exclamation point, added by Detective Gregory for emphasis. I think it also is a tell-tale sign of Detective Gregory’s confirmation bias. Tabitha claimed in her recorded meeting with Detective Gregory that she took Holtzclaw's quote to mean that as long as she gave him sex he would somehow take care of her tickets. The problem with that line of thought though is obvious, Holtzclaw never even talks to her about sex and certainly never asked for sex.
[RECORDING BEGINS]
Det. Rocky Gregory: Did he ever talk about having sex with you?
Tabitha Barnes: No.
[RECORDING ENDS]
Host: Like so many of the other little details, this one too changed at trial and changed to the prosecution’s benefit. At trial, Barnes testified that she took that quote to mean that if she did as he asked (meaning to expose herself) then she would be allowed to go inside her house. At that point Officer Holtzclaw released Barnes from investigative detention and she went back inside her home and Officer Holtzclaw got back in his patrol car and drove away. When Barnes got inside her house she claims she immediately gathered up her children and told them and Angela Cooper all that had happened regarding Holtzclaw having her expose herself and then touching her. She retold this version at the Preliminary Hearing and again at trial. Also at trial, Barnes said she specifically told her eleven and thirteen year old daughters that if they see Holtzclaw they are to run. Like so many other details, Barnes' version doesn't even come close to matching what others say happened that night. Barnes' teen daughter's thirteen year old friend told Detective Gregory that Barnes never told her anything about having to expose herself, being touched, or that she should run when she sees the officer. But the teen did say Barnes looked upset when she came inside the house and went to her bedroom. The friend said she felt uncomfortable and called her mother to come get her, and she and Barnes' thirteen year old daughter left with the mother when she arrived. But, even this witness’ version of events leaves out details that would be inconvenient for the prosecution.
34:31
Angela Cooper told Detective Gregory that she too observed Barnes to be upset or angry when she came inside the house. Cooper also confirmed that Barnes never said a word to her or the children at that time about exposing herself, being touched, or playing by his rules. She did, however, add that Barnes became angry and got into an argument with the kids and went to bed. Angela said she stayed the night and the only comment Barnes made was that Holtzclaw said something about her "titties." When Barnes' thirteen year old daughter was interviewed by Detective Gregory, she reportedly told him all her mother told her was that Holtzclaw wanted to "check her" and that he should have called for a female officer. The teen daughter did not recall Barnes saying anything about exposing herself, being touched, playing by his rules, or to run if she ever saw him. The thirteen year old daughter also told Detective Gregory she doesn't often stay with her mother, she lives with her father, and at that time of their interview hadn't seen her mother in a couple of months. The eleven year old daughter though, the one you heard in episode eleven; the one who Detective Gregory and prosecutors forward as being there in the car the night of the stop, yet nobody but Barnes has ever put her in the car during the stop; the same eleven year old daughter of Barnes that even Detective Gregory called out during their interview for being coached… well, she claims Barnes did tell her about exposing herself and about being touched. In fact, the eleven year old added that she was told by her mother that Holtzclaw said quote:
[RECORDING BEGINS]
Barnes’ 11 year old daughter: And um, he kept saying, ‘I like, I would like to see those.’
Det. Rocky Gregory: What else did your momma say?
Barnes’ 11 year old daughter: Um, that’s all she told me.
[RECORDING ENDS]
Host: Even though Barnes has never mentioned that quote in any police interview. While Angela Cooper told Detective Gregory that Barnes looked upset when she came inside the house and that she did make some brief comment about Holtzclaw saying something about her titties, Cooper specifically told Gregory that Barnes mentioned nothing about being touched, harassed or exposing herself. Speaking of Angela Cooper: who is she exactly? Well, that's difficult to define. She claims that she’s not really a friend of Tabitha Barnes', more of an acquaintance, but that she was at her home at midnight and eventually stayed the night. Cooper claims she was there as - are you ready for this? A housekeeper. She claims she was staying over all day and night to help Barnes, who is not good friends of hers, clean her house for an upcoming inspection by Section Eight housing. But I thought Florene Mathis was Barnes' "Housekeeper." In fact, Cooper tells Detective Gregory that they are so not friends that after spending the entire day and night cleaning Barnes’ seven hundred square foot house, she's never even bothered to talk to Barnes ever again, and knew nothing about the alleged allegations against Holtzclaw. And another thing regarding Cooper: at the time she was staying overnight at Barnes' house, she was on ten years probation for, you guessed it, possession of drugs and drug proceeds. Sounds exactly how you would describe a drug dealer. Oh, she was also on probation for bogus checks, obstructing an officer (that's the legal term for lying to an officer) and harboring a fugitive.
38:26
So, what do I think really happened? I personally think it's pretty clear. Leading up to this event, Patrol Officer Daniel Holtzclaw had pegged Barnes' home as a major contributor to the distribution and/or consumption of illegal narcotics in the immediate area, specifically crack cocaine and PCP. Holtzclaw based this belief on police intel, watching individuals coming and going from the residence while out on patrol, and even firsthand information from people he stopped and engaged with on the streets who said they had either purchased drugs from individuals in the house or traded merchandise for drugs and a place to do them. And, at least to some degree, we know Holtzclaw's intuition was spot on. Barnes herself admitted under oath at Preliminary Hearing to selling drugs, and during the criminal trial to using crack cocaine. Additionally, and I'll get to this more when we get to the trial, but Tabitha Barnes literally showed up to Holtzclaw's criminal trial high on PCP. We know this, because her erratic behavior caused Judge Timothy Henderson to order her tested on the spot. Furthermore, accuser Florene Mathis also admitted to smoking crack cocaine with Barnes in Barnes' home at Northeast Fifteenth and Jordan Avenue. Holtzclaw also knew that there were children who lived in this suspected crack house. Just after midnight on February 27, 2014, Holtzclaw was patrolling the Springlake District. He did drive along Jordan Avenue and pass Northeast Sixteenth Street, but he was alone. Holtzclaw noticed a vehicle parked on the street, near a suspected crack house, and with its headlights on. Holtzclaw's activity log and radio dispatches show that it had indeed been a slow shift. He rounds the block in a wide circle, taking nearly three minutes to get back to Northeast Sixteenth Street and pull up behind Barnes' vehicle. Seeing that the vehicle is still sitting parked and running, and noticing it's occupied by several people, Holtzclaw radios in what he sees and turns on his patrol car's overhead strobe lights. Noting the patrol car behind them, Angela Cooper pulls her car forward and turns into the driveway. Holtzclaw inches forward, parking in the street but also blocking in Barnes' vehicle. Fellow patrol officer Ivan Venegas, aware that Holtzclaw is out on a vehicle with several subjects, drives to his location and parks in the street and directly in front of Barnes' home. He exits his vehicle and watches as Holtzclaw cautiously approaches Barnes' green Saturn. Holtzclaw, who by police policy would be the lead officer in this stop, lights up the occupants in the car with his flashlight. Holtzclaw notes that there are two adult females in the front seat -Barnes and Cooper, and two teenage girls in the back seat - Barnes' thirteen year old daughter and the daughter's thirteen year old friend. The eleven year old daughter is not present in the vehicle.
41:43
Barnes explains that her teen daughter is having a friend over to spend the night and that they are going to run to the convenience store to get them some ice cream. Holtzclaw is not certain he believes their story and notes that both Barnes and Cooper seem a bit disheveled and are both wearing pajama bottoms and t-shirts, certainly not dressed for the sub-freezing temperatures. Holtzclaw then notices what appears to be pills spilled out in the car and asks what they are and who they belong to. Barnes produces a prescription bottle bearing her name and explains they must have fallen out of her purse. Holtzclaw chastises Barnes briefly and has her return the pills to their bottle. Holtzclaw asks and notes the names of all four people in the car. He then calls into dispatch and runs both Barnes' and Cooper's names for warrants. If they come back clear this will be a quick stop and an opportunity to note the names of the occupants of the house he suspects is dealing drugs. While they wait for dispatch to get back to them, Officer Venegas jokes around with the two teens who seem to have very little interest in what is going on. It's cold out, they've already had Cooper turn off the ignition to the car, so Venegas tells the girls they can go inside to stay warm. After a short pause, Cooper comes back clear, but Barnes shows to have four minor city warrants for unpaid tickets. Holtzclaw decides to use this as an opportunity to gain more intel on what exactly is going on in Barnes' home. So, he separates Barnes and Cooper - with Barnes being put in the rear driver's side seat of his patrol car and Cooper being placed in Venegas' patrol car. Both officers question the women individually about drug activity in the area and whether or not they themselves are involved. After a few minutes, Venegas lets Cooper out of his patrol car and she goes inside. Holtzclaw steps out of his patrol car and talks briefly with Venegas. He tells him he's considering taking Barnes to jail on her warrants because it's been a slow night and he'd like to put some heat on Barnes for her suspected drug activity. But, he also knows that he can't just leave the children with a woman that admittedly isn't even a close friend of Barnes'. Finding a relative to come and get the kids and booking Barnes into jail could take hours and his shift will be ending soon. So, Holtzclaw tells Venegas that he isn't going to mess with it. Venegas drives away and Holtzclaw returns to his patrol car and opens the rear driver's side passenger door. He is stern with Barnes and she doesn't like it. Holtzclaw asks her if she has any drugs on her now. She says no. Holtzclaw instructs her to perform what is known in law enforcement circles as the “Clasp and Shake." It’s an unflattering procedure that was mentioned during Holtzclaw's interrogation. Basically it's when a female suspect is instructed to clasp their bra over their shirt, pull their bra away from their breasts, and then shake the shirt and bra. The idea being to dislodge any drugs, paraphernalia or weapons that may be hidden under breast tissue or concealed in the suspect's undergarments. While certainly embarrassing, if done correctly, doesn't expose the suspect's breasts but does often result in uncovering evidence of additional crimes. You've probably never heard of this procedure, and the Oklahoma City Police Department would probably prefer to keep it that way. But it was considered perfectly acceptable at the time, but naturally, it garnered resentment from those who were often targeted for its use.
45:33
Finding no drugs, and being assured by Barnes that she was going to work to pay on her tickets, Holtzclaw decides to release her to go inside. After about a minute, Holtzclaw then pulls away to continue his shift. Barnes, upset that whatever she had actually been planning to do that evening had been interrupted, and being more than slightly annoyed by Holtzclaw's implying that she was a drug user or even a drug dealer, she has no patience for the horse playing kids in her house and immediately gets into a shouting argument with them and then goes to her bedroom and slams the door. Barnes' teen friend then calls her mom to come and get her and Barnes' daughter for the remainder of the night. But, as you know from Barnes' recorded interview in episode eleven, her contact with Holtzclaw and her allegations against him don't end here. In fact, Barnes encounters Holtzclaw again on this very same day. As I've pointed out previously, Holtzclaw works an overnight shift that runs from about 4:00pm to 2:00am the following day. So, an hour and a half after encountering Barnes, Cooper and the teens, Holtzclaw ends his shift and heads home, only to return to work about eight hours later. Now, fast forward if you will from 12:30am on the morning of February 27, 2014, to around 10:00pm that same date. Holtzclaw has gone home, slept, returned to work, and has been patrolling again for about six hours. Tabitha Barnes is returning from the Golden Corral restaurant with her thirteen year old daughter, the daughter's thirteen year old friend and a twenty-two year old woman identified as Raven Nicole Summers. As they were driving north on Jordan Avenue and approaching Fifteenth Street, they saw a black male walking from the direction of their house. He crossed the street and walked north through the yard of a vacant house. The man appeared to be carrying a retail box and a sack. As they rounded the corner the man stopped and began waving at them to get their attention and yelling, ‘Hey, hey, hey!’ As they stopped the man asked if they wanted to buy a microwave and some steaks. At this point Tabitha Barnes and her thirteen year old daughter realized the microwave (which was brand new and still in the box) and the steaks had come from their own home. They looked over and saw their front door wide open and all their lights on. Summers told police that she got out of the car, confronted the man, and was yelling, ‘Hey, that's my microwave!’ At that point the man exclaimed he didn't steal the microwave and started running along North Jordan Avenue while still carrying the microwave and the steaks. Summers and Barnes' thirteen year old daughter started chasing the man. The man dropped the microwave and sack and jumped a fence and started heading west through multiple backyards, while Summers and the teen continued to chase him.
48:38
After passing through about three backyards, the man turned and headed north towards Northeast Sixteenth Terrace. It was while running through a front yard in the fifteen hundred block of Northeast Sixteenth Terrace that Summers says that she was able to grab ahold of the man's jacket to slow him down. At that point the man turned around and began fighting the twenty-two and thirteen year old females. Summers couldn't recall how many times she hit the man and simply described the event as “a tussle". The man somehow was able to break free and turned to escape. But, as luck would have it, in what had to be pretty comical to witness, the man ran full speed straight into a tree and collapsed onto the ground. The man later claims that one of the females was kicking him in the head and that he went in and out of consciousness. Barnes claims that at that point she caught up and helped Summers hold the man while neighbors who had come outside after hearing the yelling called 9-1-1. At 10:14pm, Officer Holtzclaw hears a call go out for a disturbance or a fight in the fifteen hundred block of Northeast Sixteenth Terrace and heads that way. It's hard to tell from investigative reports, but it appears Holtzclaw may have been the first officer on the scene. According to Daniel Holtzclaw’s official report, "Upon arrival, I observed a black male lying on the ground. The black male later identified as AR” (that means arrested party) “Rodney Lee, stated he was running away from several females that threatened to kill him. I observed him to have a bloody lip (busted open) and blood dripping from his mouth. I placed handcuffs on Lee without incident. I escorted Lee to my patrol vehicle where he voluntarily made the following statements. Lee stated he went over to the residence of the fifteen hundred block of Northeast Fifteenth Street. Lee states he observed a microwave on the front porch. Lee states, 'all of a sudden several black females confronted me and started to make threats.' Lee says he made threats back. Lee got scared and took off running north bound on Jordan from the residence. Lee proceeded to head westbound on Northeast Sixteenth Terrace. Lee says during the time he was running he observed several females chasing him. Lee says someone pushed him down at the area of fifteen hundred Northeast Sixteenth Terrace, where they began to punch him in the face." Not knowing what was going on and Summers claiming Lee had burglarized her home and Lee claiming that the women attacked him for no reason, Holtzclaw placed handcuffs on both Lee and Summers until the details could be sorted out. About that same time, several other officers began arriving on scene. Barnes estimated that as many as ten officers responded to the 9-1-1 call.
51:37
One of those officers was an Officer Chris Malley. Malley noted in his report that when he arrived he observed two subjects handcuffed and laying on the ground. Summers was eventually unhandcuffed and released from investigative detention. Lee was placed into Holtzclaw’s patrol car, where he gave his statement. Officer Malley noted that the suspect was bleeding and complaining of head pains. Lee explained that he had just been released from the hospital on February 14th after receiving treatment for bleeding on the brain. He thought that possibly the bleeding had returned as a result of his new injuries. Lee did refuse medical treatment by paramedics and was transported by Officer Malley to Presbyterian Hospital to be checked out before he could be booked into the Oklahoma County Jail. When officers checked Lee's background they found he had served time in prison in 2002, 2008, and 2009 for Burglary in the Second Degree. Barnes testified at trial that at least one female officer responded to the burglary. Barnes said she pulled the officer aside in her kitchen and told her that she had some active warrants. The female officer told her not to worry about it. Barnes was asked at trial why she didn't take that opportunity to tell the female officer that Holtzclaw had been at her home earlier that day and had made her expose herself and had then touched her breasts. Barnes replied at trial with the following quote "First of all, I was -- we was tryna get -- you know, get our food back and all of that. When Spike walked in my house he eye contact me. I hurry up and turn my head.” Barnes went on to say that she was too terrified to tell the female officer, didn't think anyone would believe her, and she was just trying to put it all behind her. Officers noted in their reports that Barnes' front door had been kicked in and the door frame was splintered into pieces. Summers told officers that several food items were missing, the house appeared to have been rummaged through, and that a television in one of the bedrooms had been laid on the floor as if Lee was going to come back later and take it. Summers said she did not know or recognize Lee and then signed a citation for Assault and Battery against him. An OCPD Captain took photos of the crime scene and where the microwave was dropped. The microwave was returned and Summers said she would be calling the landlord the next morning to fix the front door.
54:14
I have to interject here, and I've got to be honest, I don't really know what the truth is or what it even means one way or the other. But just like the presence of Angela Cooper seemed out of place in the early morning incident - you know, the friend who really wasn't a friend, but allegedly spent the day and night helping Tabitha Barnes to clean her seven hundred square foot house and then allegedly never talked to her again. Well, the presence or identity of Raven Nicole Summers seems just as mysterious. In police reports from the burglary, Summers is clearly identified as the victim and living in Barnes' home. In fact, in Officer Boyett's official incident report he specifically identifies Tabitha Barnes as "the victim's stepmother" and goes on to state: "It should be known, the victim and all involved parties, except the thirteen year old friend lived at the house." That seems clear enough. Summers is Tabitha Barnes' stepdaughter. But then, when you fast forward to Daniel Holtzclaw's criminal trial - and I'm reading from page 1,873 of the jury trial transcript:
Prosecutor Gayland Geiger: Question: One of those people named Raven Summers?
Tabitha Barnes: Answer: Yes.
Geiger: Is Raven Summers -- who is she to you?
Barnes: She was my ex-girlfriend.
Then, in an excerpt from page 1,876 prosecutor Gayland Gieger makes this comment "I know you were in a relationship with Ms. Summers." So, was she Barnes' stepdaughter or was she Barnes' ex-girlfriend? Regardless, why was she listed as the victim and the one who was interviewed by police if the home was actually rented by Tabitha Barnes and the property therein owned by Barnes? And if Summers lives there and is Barnes' step daughter/ex-girlfriend, where was she just hours earlier when Barnes was with Cooper parked next to (instead of in front of) their own home at midnight in sub-freezing temperatures? Lastly, if Officer Daniel Holtzclaw had really committed some sort of sexual assault against Tabitha Barnes, just hours earlier - an assault that so upset her she warned her children to run if they ever saw him again (yet, none of those children remember her telling them that) - why would she not have mentioned something to the female officer that told her not to worry about her warrant? Was she really too "terrified" to tell anyone? Regardless, if Holtzclaw had committed a sexual assault why in the world would he arrive on scene with Barnes and Summers holding down their burglar and then risk pissing both Barnes and Summer off by placing Summers in handcuffs and have her lying on the ground until he sorted it all out?
57:33
But, the craziness and allegations don't end there. Barnes is going to come into contact with Holtzclaw at least two more times and those encounters are eventually going to result in allegations that Holtzclaw broke into Barnes' home, harassed a boyfriend of Barnes, forced her to expose herself again and then stalked her. But I'm going to save those details for next episode. If you’ve enjoyed this podcast, please take a moment to subscribe and give us a five star review. If you would like to know more and see many of the files used to compile this episode, please visit this season’s homepage at holtzclawtrial.com. You can also follow updates on our Facebook page at In Defense of Daniel Holtzclaw, or on Twitter @HoltzclawTrial.
Bates Investigates - Season One: In Defense of Daniel Holtzclaw case is researched, produced, and edited by me, Brian Bates. This has been a bug stomper production.
[child singing] Huh? [squishing sound] [laughter] Bugs!