OKLAHOMA CITY (AP) -- The state Court of Criminal Appeals is refusing to take up an appeal of the state law on misuse of state property filed by attorneys for former Creek County Judge Donald Thompson.
Thompson is facing four felony counts of indecent exposure and a misdemeanor charge involving the alleged misuse of his state-issued computer. He's accused of having lewd photos on the computer.
Thompson's attorneys had challenged the constitutionality of the statute on misuse of state equipment, arguing it was too vague.
But the Court of Criminal Appeals voted 3-to-2 to refuse to waive a court rule that such a challenge must be filed ten days before the start of a trial.
A jury already has been seated in Thompson's trial and opening statements are now scheduled to begin Tuesday afternoon.