12/16/2015 – OKC, OK — Another alleged ‘John’ has had his criminal case dismissed as a result of questionable arrests that took place earlier this year in a former Oklahoma City brothel.
JohnTV first reported on the pre-Independance Day sting back in July.
According to police records, four men and four women were arrested on prostitution related complaints leading up to the Fourth-of-July holiday weekend.
The four men were all taken into custody at a nondescript commercial building located at 4900 N. Sewell Ave.
Alleged brothel location at 4900 N. Sewell Ave.
The four alleged ‘Johns’ were identified as; Kirk Douglas Kiespert, 34, Eddie Paul Hunter, 46, Brian David Cunningham, 47, and Mario Median-Lozano, 31.
For months prior to the sting, the business on Sewell Ave. was used as a front for prostitution by the infamous local madam known as ‘Claire’ of ‘Claire’s Red Door.’
Claire, whose real name is Penny Melton (aka, Penny Bates and Penny Rutter), made headlines back in April and May after two of her brothels were busted by stings led by the Oklahoma City Police Department’s Vice Unit.
The April bust shut down her upscale location on N. May Ave., across the street from her million dollar clients living in the Rose Creek Neighborhood.
The May bust closed Penny’s secondary operation in an industrial area near NE 50th and I-235.
JohnTV again reported on the Sewell Ave. sting in Sept.
At that time we predicted that prosecutors may have trouble convicting any of the alleged ‘Johns’ that had the cojones to fight the charges. Why? Because, if the probable cause affidavits related to their arrests were accurate, the four would-be ‘Johns’ “agreed to” whatever price was affixed to whatever sexual act was discussed by undercover female officers or confidential informants.
This is a big legal loophole that has been successfully exploited in past prostitution cases. The biggest example that comes to mind is a 2007 case involving a since disbarred criminal defense attorney named Mike Gassaway. Gassaway was successfully defended by high profile attorney Scott Adams.
A juror in the Gassaway trial told the Oklahoman in an interview, “It was an easy decision,” – believing that Gassaway was setup by members of the Oklahoma City Vice Unit. More specifically, that police had a female solicit Gassaway and that Gassaway simply accepted.
JohnTV imagines that defense attorneys could take the same stance in this latest sting – arguing that their clients simply responded to online ads for massage and that after arriving at the business they were then solicited for sex. This is different than when undercover female officers wait and let suspected ‘Johns’ solicit them.
As proof these cases may be in jeopardy, two have now already been dismissed by the Oklahoma County District Attorney’s Office. Those two cases involve defendants Hunter (link) and Media-Lozano (link).
Defendant Kiespert (link), who has since moved out of state, pleaded guilty in Oct. and was given a one year deferred sentence (no official conviction and no criminal record). JohnTV reported on Kiespert’s guilty plea last month.
Cunningham’s case is still pending (link).
Eddie Hunter mugshot for soliciting prostitution.
Mario Medina-Lozano’s Mugshot for soliciting prostitution.
Brian Cunningham’s mugshot for soliciting prostitution.
