Pittsburg County Jury Finds Lawyer Guilty Of False Reporting

A Green Country lawyer has been found guilty of false reporting.

Pittsburg County Sheriff Chris Morris said the defense attorney was trying to slow down deputies as they served a search warrant at one of his client’s rental homes. He said this guy is an officer of the court and should know better. 

Defense Attorney Brecken Wagner out of McAlester left the Pittsburg County District Courthouse this month with a misdemeanor conviction and a $500 fine. Sheriff Morris said the jury found Wagner guilty of false reporting. 

"It takes us all working together and to tell the truth for the system to work,” Sheriff Morris said. 

Area firefighters said last year they found drug paraphernalia inside a rental home while responding to a fire. Morris told us his team assisted McAlester Police in writing a search warrant. Wagner's attorney David Smith said Wagner showed up on behalf of the homeowners asking law enforcement for details, and later, to see a copy of the warrant. 

"Both of which we think are reasonable requests given the fact that his people own this property. He was there acting on behalf of the property owners and the property owners have rights. It doesn't matter if it's the police or whoever there. Their rights were not respected,” Smith said. "We can't allow this kind of thing. At some point somebody has to draw a line in the sand and stand up. Brecken was the guy to do it." 

Sheriff Morris said Wagner was asked to leave where he then called dispatch slowing down the search and accusing police of trespassing.

"This is stuff that our guys should not have to deal with. They have enough going on. Enough to worry about,” said Sheriff Morris. "It's very frustrating when we're approached like that and it takes our concentration off of the house or doing our job." 

Smith, however, believes the case was not motivated by justice. 

"Brecken doesn't get along with local police. He doesn’t play nice,” said Smith. “And as I told the jurors, he's not Mr. Rogers. He's there to represent his clients." 

Haskell County Sheriff Tim Turner sat in on some of the trial and said Wagner has a history of creating problems for law enforcement. 

"It's not a law enforcement verses attorney issue. This is a law enforcement verses Brecken Wagner issue. He's the only attorney that we have in our court system that you cannot work with,” said Sheriff Turner. "It's not a normal showing when you have to go to court with Brecken Wagner." 

He believes what Wagner did went beyond advocating for a client. 

"This is a defense attorney who believes he is above justice, believes he is above the law and believes he can do whatever he wants to do to be a so-called champion of justice,” Sheriff Turner said. "Now our courts are tainted because of that one guy who wanted to be a champion but wound up being that liar." 

Smith said he was happy to step up and help fight for his friend. 

Wagner was also charged with obstructing an officer, but the jury found him not guilty on that count.