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District Judge James Caputo says he was set up and has never paid a prostitute

Posted: Oct 19th 2018 By: Samantha Vicent - TulsaWorld.com

Tulsa County District Judge James Caputo accused the Oklahoma Attorney General's Office of trying to bully him into resigning over "false allegations" he paid for sex and said he was the target of an attempted "set up."

Caputo, reading a statement at a press conference Friday, said an assistant attorney general approached him Tuesday to say a woman claimed she had a sexual encounter with the judge while working at a Tulsa massage parlor.

He alleged the prosecutor said "he was going to proceed to prosecute him" if Caputo did not resign, and that "the people behind this plan of extortion leaked these false accusations to the press to smear me" after he refused.

No charges have been filed against Caputo, who said the prosecutor told him he was there by request of Attorney General Mike Hunter.

"I told the Assistant Attorney General and the young woman with him that I had never been to an illicit massage parlor in my life and that I had never engaged the services of a prostitute," Caputo said, later telling reporters: "The play book (of the leak to media) was likely taken from what we saw recently played out on the national scene with the (Brett) Kavanaugh hearings."

"I want to serve the people as their judge like I have the past eight years," he said. "I pray that this last-ditch, salacious and false attack upon me will be seen for what it is."

Caputo's attorney, Clark Brewster, opened the press conference by saying the claims are a "smear campaign" disseminated without confirmation. Caputo, echoing that view, said he believed the story was "a concerted effort to destroy my reputation and to win an election by character assassination" and called the past few days a "nightmare."

The Oklahoman first reported Wednesday that Caputo, 59, was the subject of an investigation over reports he was a customer of a Tulsa massage business that police say was a front for sexual services.

Earlier this month, the Tulsa World reported Caputo publicly apologized to jurors who appeared in his courtroom for using court resources to obtain their information and sending them campaign mailers asking for their vote. He is running against Tracy Priddy, a former prosecutor and current civil attorney, for re-election on Nov. 6 and has held his seat since 2010.

Tulsa County prosecutors in February charged Jennings Fairless, Cristina Rubio and Katey Phipps with racketeering, pandering and inducing a minor to engage in prostitution, as well as two drug counts. The charges relate to raids the Tulsa Police Department's Vice Unit and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control carried out in August 2017 at Phase 2 Spa, 10301 E. 51st St., and Phase 3 Spa, 7630 E. 46th Place.

Search warrant returns show OBN agents recovered documents from Phase 2 Spa that said which services each client received during appointments, as well as ledgers, electronic equipment, drugs and used condoms.

Court documents show an assistant attorney general signed off Sept. 25 on dismissing the count of inducing a minor against Phipps when she waived her right to a preliminary hearing. That count relates to allegations the spa had a 17-year-old employee who reported she was instructed to "provide sexual services to the clients in order to make more money."

Sources with knowledge of the inquiry told The Oklahoman and the Tulsa World independently that a witness in the case identified Caputo as a customer and claimed she had sex with the judge. OBN agents investigated further after learning about Caputo's possible involvement, they said. OBN spokesman Mark Woodward declined to comment on the matter this week.

Tulsa County District Attorney Steve Kunzweiler sent a letter on Aug. 31 to the Attorney General's Office asking that his office be recused from looking into Caputo. In the letter, Kunzweiler wrote that his office had a "working relationship" with "a person named as a patron of this establishment."

The Attorney General's Office provided the World with a copy of a document indicating it assigned the case to Washington County District Attorney Kevin Buchanan. However, multiple sources have told the World at least one assistant attorney general is still involved.

Alex Gerszewski, a spokesman for Hunter's office, only said Friday that "we don't comment on ongoing investigations."

Caputo, who bills himself as the only local district judge with specialized training on handling racketeering cases, received the criminal case by reassignment Aug. 21. But documents show Presiding District Judge William Musseman on Sept. 25 assigned the matter back to his own courtroom.

In the press conference, Caputo said part of the "attempt to set me up" occurred when authorities secretly recorded two meetings he had with women within the past month. The law enforcement sources told the World Caputo met with an undercover agent posing as a sex worker and said Caputo sent the agent a sexually explicit text message.

In Caputo's version of events, he said he received an invitation to meet about three weeks ago from a woman who reached out to him on Facebook. He denied ever offering payment for sex or giving anyone money.

"I am a single man and the meeting was represented to be a social get-together at a local restaurant," he said. He reported the woman had been with another woman when he arrived but said that person left a few minutes later.

"I and the woman who remained ate some food, had casual conversation and departed separately," Caputo said. "A few days later, I was asked to meet the other lady who was briefly at the restaurant. I agreed to meet her at a local restaurant.

"During the conversation, she announced she saw men for money. My reaction was mixed surprise but I reserved appearing judgmental. Soon after the comment about money from men I concluded the conversation and left."

He asked in the press conference for the presumption of innocence to apply to him as it should to anyone accused of criminal activity. Brewster on Friday called the situation "one of the most unfair things" he has ever seen happen to a district judge.

Caputo and Brewster took no questions during the press conference.

"I believe that all life experiences bring lessons and self-reflection," Caputo said. "This nightmare will heighten my sensitivities to false accusations during the balance of my judicial career."