Exclusive - Attorney for Elmer Davis Jr. addresses allegations

Tuesday, October 8th 2002, 12:00 am

By: News On 6

As more students come forward with accusations against Booker T Washington's band director, the News On Six learns of an allegation made six years ago against Elmer Davis, Junior (pictured).

Davis is currently being accused of sexual misconduct with students. Davis' attorney spoke exclusively to News on Six reporter Patrina Adger.

Richard O'Carroll, Defense Attorney: "Mr. Davis is innocent."

Attorney Richard O'Carroll says he doesn't know the specifics of the allegations surrounding Elmer Davis, Junior. But says the reports of misconduct against his client are embellished and exaggerated. Davis has not been charged with anything at this time.

Richard O'Carroll, Defense Attorney: "I've heard what the school district has alleged and Mr. Davis is innocent he did not do anything to the level that he's accused by school district."

The News on Six learned a female Booker T- Washington student filed a police report against Davis back in 1996 - but charges weren't filed due to lack of evidence.

And in a recent letter to the school board, Sawyer says on several occasions during the school year and previous school years Mr. Davis has made extremely inappropriate sexual comments to minor female students and has inappropriately touched minor female students at Booker T Washington School.

Aside from the recent allegations brought by two female students September 27th, O'Carroll says there have never been any other formal accusations of sexual misconduct.

Richard O'Carroll, Defense Attorney: "And if there was an informal accusation made it was deemed unfounded by the school administration."

Davis worked as a band director at Booker T for 29 years before he was suspended in late September when allegations of sexual misconduct began to surface.

O'Carroll says Davis misses teaching and he misses his students.

O'Carroll: "The administration needs to know Mr. Davis is much beloved by his students and he has done a lot of good for the alumni of BTW over the years."

And O'Carroll says he and Davis are looking forward to the dismissal hearing in November

O"Carroll: "We're looking forward to the numerous witnesses that we can bring forward to sing his praises."

Tulsa School Board members voted six to one, to hold a dismissal hearing next month to determine Elmer Davis' future at Booker T. Washington High School.

The recommendation resulted from a TPS internal review of the allegations surrounding Davis.

In a letter to the school board, Sawyer says: "On several occasions during this school year and previous school years Mr. Davis has made extremely inappropropriate sexual comments to minor female students and has inappropropriate touched minor female students at Booker T. Washington High School."

Sawyer also says on at least one occasion Mr. Davis made sexually lewd statements and indecent proposals to a minor female student. â€œWe are investigating a teacher for some sexual misconduct, some statements that were made that were inappropriate."

TPS spokesperson John Hamill says complaints came in around September 27th - and Davis was suspended immediately. Even though Sawyer's letter to the board mentioned previous allegations - Hamill says he's not aware of any complaints prior to these recent allegations.

He says all complaints of sexual misconduct go through the school's principal. And if the complaints merit further investigation, he says the teacher is suspended for ten days while the Education Service Center investigates.

"And in the case with Mr. Davis that procedure has been followed. Mr. Davis is suspended with pay according to the state law and the hearing is set for Nov. 14th." Hamill says any other complaints that come out of the investigation will be presented by Tulsa Public Schools at the hearing.