Brent Swadley moved from Oklahoma County Detention Center amid clash with AG’s office
GRADY COUNTY, Okla. —
Records show that Brent Swadley has been moved from the Oklahoma County Detention Center to another jail.
The Grady County Sheriff’s Office’s website shows that Swadley, the owner of Swadley’s BBQ, was booked into its county jail Thursday afternoon. His booking information says he’s on hold for another county.
The reason for the move has not been confirmed.
Swadley’s allegations against the Oklahoma AG’s Office
The move comes after Swadley’s legal team claimed the Oklahoma Attorney General’s Office violated his constitutional rights by illegally monitoring phone calls with his legal team as he awaits formal sentencing.
On Thursday, Swadley’s attorneys filed an application for injunctive relief, alleging that the Oklahoma Attorney General’s Office repeatedly monitored, listened to, downloaded, and retained confidential attorney-client telephone calls between Swadley and his legal team while he was in jail.
The motion claims those alleged acts violated his Sixth Amendment right to counsel and asks a judge for immediate relief.
Video Below: Oklahoma attorney general and restaurant owner Brent Swadley clash over phone call monitoring
According to the court filing, “the AG’s Office intercepted and listened to over 25 attorney-client calls between Mr. Swadley and his legal team.” Swadley’s attorneys claim the state “gained tactical advantage” by listening to the calls.
The attorney general’s office responded in a rebuttal filing, stating that any attorney-client privileged calls accessed were terminated after the attorney identified themselves. However, Swadley’s attorneys argue that the office knowingly continued to monitor and access these calls.
“Any allegations that protected recordings were monitored by anyone from the Attorney General’s Office are patently false,” Oklahoma Attorney General Gentner Drummond said in a statement. “We have strong protocols in place that protect attorney client privilege. We take our Sixth Amendment obligations seriously and will vigorously defend this office through the appropriate legal process.”
The filing also argued that the calls are not protected under attorney-client privilege because the defense team was aware the calls were being recorded.
Video Below: ‘My finger is stuck’: Jail phone calls detail how Brent Swadley lost ‘20%’ of finger behind bars
Swadley’s attorneys countered by citing a Kansas ruling that states a notice of recording is insufficient to waive attorney-client privilege. They claim the alleged monitoring violates Swadley’s Sixth Amendment rights.
Brent Swadley’s conviction
Swadley was convicted in May of conspiring to defraud the state of Oklahoma.
During his trial, prosecutors presented their case in an Oklahoma County courtroom. Prosecutors alleged that Swadley’s Foggy Bottom Kitchen presented false invoices to the Oklahoma Tourism and Recreation Department, as well as directed a restaurant equipment supplier to fabricate invoices with inflated amounts.
Video Below: Oklahoma restaurant leader Brent Swadley found guilty of defrauding the state
The conspiracy allegedly began in October 2019, continuing until the contract was canceled in 2022, according to Brent Swadley’s indictment. Swadley’s restaurant chain received $16.7 million from the state before the contract was canceled over allegations of fraudulent activity and improper bidding, according to Drummond.
The Oklahoma attorney general said his office requested that Swadley serve 10 years.
