Judges in Wagoner county refuse to help two mothers with underage children in a case where a former prosecutor is accused of being sexually inappropriate with five of them and their siblings.
After former Muskogee prosecutor Jared DeSilvey, now a private practice attorney, was accused by five of his children or step-children of molesting or being sexually inappropriate with them, two of his ex-wives have tried to file motions in their ongoing divorce cases to protect their still-minor children, to no avail.
Both cases originated in Muskogee County but were sent to Wagoner County District Judge Doug Kirkley after all the Muskogee County judges recused themselves — despite the fact that at least two of them had earlier heard motions in the cases. Today, however, no judge in Wagoner County would agree to hear one of the mothers’ application for an emergency protective order, the mother said. The other mother filed a motion last week in her case, but no judge has heard it or set it for hearing.
In the motion filed last week, the mother’s lawyer, James Walters, said after the publication of the MuskogeeNOW story citing corroboration between four more accusers, the mother fears for the health, safety and welfare of the child and that being forced to return to DeSilvey’s care would put the child “at risk of further and irreparable harm.” The motion asks the court to suspend all visitation of DeSilvey with the child pending full investigations by law enforcement.
In support of the motion, another of DeSilvey’s alleged victims, this one an adult, filed an affidavit that she was sexually abused by DeSilvey between the ages of 4 and 11, when DeSilvey stopped being her step-father. In the affidavit, the woman said she has contacted law enforcement regarding the allegations and will cooperate with any investigations regarding the case. She also stated that she had not communicated with the other mother who filed in Wagoner County about the case.
Several other alleged victims and witnesses have contacted Muskogee Police and given statements at the urging of Le Flore County District Attorney Jeff Smith, who was assigned the criminal case after Muskogee County DA Orvil Loge recused himself. Smith has said his office initially declined to prosecute DeSilvey because it only knew of one allegation at the time and asked the victims to all make statements to Muskogee police for his office to review.
The second mother, who gave birth late last week, but traveled to court today anyway to file for an emergency protective order to protect her children, was turned away by the court. Kirkley was sent the case by Muskogee County judge Tim King and had previously heard motions in the other mother’s case, but refused to hear this application for an emergency protective order in the second mother’s case, she said.
The mother was told several times that no judge in Muskogee County could hear the application either, which left her with no legal means to protect her children, who in her eyes are in grave danger if forced to go back to their father after the allegations of sexual misconduct and manipulation surfaced. The mother notified Muskogee County DHS, but has received no response.
“This is how it has always been,” one of the victims said. “No one wants to touch it. They don’t care. All they know to do is take the path of least resistance.”
EDIT: This story was updated to reflect that judges in Muskogee County legally CAN’T hear anything in the case, since they have already recused.