A Lincoln County District Judge is under investigation for reportedly using her cell extensively during a seven-day murder trial in June that she presided over.
District Judge Traci Soderstrom, 50, won election last November over Joe Dobry. Soderstrom won the position held by District Judge Cindy Ashwood, who retired after serving 12 years on the bench.
This was Soderstrom’s first murder trial to preside over since being sworn in during January of this year.
The story was first published in the Oklahoman newspaper, which also published a photo from inside the courtroom that apparently showed Soderstrom using a cellphone during court proceedings.
Sgt. Aaron Bennett, spokesman for the Lincoln County Sheriff’s Office, confirmed that the Oklahoma Council of Judicial Complaints is investigating the judge. Bennett said Sheriff Charlie Dougherty turned over surveillance video after being requested to do so by the Council of Judicial Complaints.
“We can’t release the video at this time because it’s under investigation. We do not know how the Daily Oklahoman got the video surveillance but it was not through the Lincoln County Sheriff’s Office,” Bennett said.
“The sheriff didn’t talk to the Oklahoman.”
District Attorney Adam Panter of Pottawatomie and Lincoln Counties said, “After receiving a tip from courthouse personnel, I reviewed surveillance video from above the judge’s bench and can confirm that the judge spent hours of the trial on her cell phone both texting and scrolling social media.
“It’s both shocking and disappointing to learn. Jurors are banned from using cell phones in the courtroom during trials because we expect them to give their full time and attention to the evidence being presented,” Panter added.
“I would expect and hope the Court would hold itself to the same standard required of the jurors, regardless of the case. It’s especially concerning in the present case as it dealt with the death of a two-year-old child and a defendant facing a possibility of up to life in prison.”
The judge reportedly had the camera moved on Monday, July 17.
“On the issue of the Judge moving the camera after being told we were aware of her actions: “I am obviously concerned that the Judge’s response is not to address the issue of her behavior, but rather to move the camera that captured said behavior,” he further commented.
Bennett emphasized, “We’re (the Lincoln County Sheriff’s Office) not investigating the judge and are not part of it. That’s the Council of Judicial Complaints.”
He said, “We didn’t release the video to any media outlet,” reiterating, “We don’t know how the Oklahoman got that video.”
Panter prosecuted the case along with Assistant DA Ryan Stephenson.
Khristian Tyler Martzall, 32, of Wellston, was on trial for first degree murder in the death of Braxton Danker, the two-year-old child who was transported to Integris Hospital in Edmond the night of May 13, 2018 who died that same evening, according to an affidavit.
The jury deliberated more than eight hours and returned a verdict of second degree manslaughter and recommended time served as punishment. Martzall had been in jail since the time of his arrest.
During sentencing on July 18, Judge Soderstrom noted the jury’s verdict and found him guilty of second degree manslaughter and sentenced Martzall to four years in the custody of the Department of Corrections but gave him credit for time served.