Appellate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 668 Oklahoma Department of Public Safety Oklahoma Highway Patrol [IOHP Investigation SUPPLEMENTAL FORM Cisgeney Assist Page 1of1 TITLE OF REPORT GOVERNOR MARY FALLIN INTERVIEW is was interviewed pursu Westigation case number 14.0189SI. FALLIN has an address of| Steet Pkehoma City, Oklahoma 73105. She has a telephone number of On, Janet June 19, 2014, at 9:56 A.M., Governor MARY FALLIN, whose date of birth FALLIN was interviewed by Captain JASON HOLT and Lieutenant BRENT JONES of the Oklahoma Highway Patrol. The interview was conducted at the Oklahoma State Capitol Governor's Office, inside the small conference room. The interview was digitally audio recorded and was transcribed by Dictate Express. The audio recording and transcription of this interview are included with this report.‘TRANSCRIPT OF RECORDED INTERVIEW OF GOVERNOR MARY FALLIN BY CAPTAIN JASON HOLT LIEUTENANT BRENT JONES CASE NUMBER 14-0189S! (ON JUNE 19™, 2014, AT 9:56 AM,LEGEND: GOVERNOR FALLIN: GOVERNOR MARY FALLIN CAPTAIN HOLT: CAPTAIN JASON HOLT LIEUTENANT JONES: LIEUTENANT BRENT JONES MS CHANCE: JENNIFER CHANGE Oklahoma Department of Public Safety, Oklahoma Highway Patrol. Today's date is dune 19", 2014. The time is approximately 9:56AM. 1am present at the Sate Capital on the Govemors office and present in the room with me is Lieutenant Brent Jones, Governor Mary Fallin, and Jennifer Chance. This interview is being conducted pursuant to special investigation case number 14-0189SI regarding the execution that took place at the Oklahoma State Penitentiary on April 20" 2044. Lieutenant Jones, please state and spell your name for the recording. LIEUTENANT JONES: Firstname is Brent, B-R-E-N-T. Lastname is Jones, J-O-N-E-S, CAPTAIN HOLT: Govemor Fallin, if you would please state and spell your name for the recording. GOVERNOR FALLIN Okay. It's Govemor Mary Fallin and its M-A-R-Y F- ALLIEN, | CAPTAIN HOLT: This is Captain Jason Holt, J-A-S-O-N H-O-L-T, pf the | CAPTAIN HOLT: Ms. Chance, if you would please state and spell your name for the recording, MS CHANCE: — Jennifer Chance J-E-N-N-I-F-E-R C-H-A-N-C-E. CAPTAIN HOLT: Governor Fallin are you aware that this interview is being recorded and may be reduced to typed official record at a later date? GOVERNOR FALLIN Yes sir.‘Appdlate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 671 CAPTAIN HOLT: Gkay Governor, iff you would, before we actually get to the-the actual time of the execution that night, prior to on that same day, did you-had you been receiving briefings that day of about how things were going at D.O.C.? Were you told about anything that was transpiring there up-up unti that-that time? GOVERNORFALLIN Yes, prior to the time of the execution, we had been dealing certainly with both the courts systems, The-the Supreme Court, Court of Appeals on the execution itself and whether there would be a stay of the executian or not and after the Supreme Court ruled ont, then we decided to proceed with the execution that night. CAPTAIN HOLT: Okay. Did-it's our understanding from looking through some prior executive orders that-that you or this office actually set, was the party that set the final date of the 29" for Lockett. Do you recall that? GOVERNOR FALLIN Ididn'thear the question. I'm sorry. CAPTAIN HOLT: It's our understanding that—I think it's on one of the executive orders that this office set Lockett's execution for... GOVERNOR FALLIN Is itAG? CAPTAIN HOLT: ...for that night? GOVERNOR FALLIN Gan we go off? CAPTAIN HOLT: Sure.TRANSCRIPT OF RECORDED INTERVIEW OF MARY FALLIN BY CAPTAIN JASON HOLT LIEUTENANT BRENT JONES CASE NUMBER 14-0189S! ON JUNE 19", 2014, AT 9:56 A.M,Appdiiate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 673 22| 23 24| 25 LEGEND: GOVERNOR FALLI ‘GOVERNOR MARY FALLIN CAPTAIN HOLT: ‘CAPTAIN JASON HOLT LIEUTENANT JONES LIEUTENANT BRENT JONES MS CHANCE: JENNIFER CHANCE UNIDENTIFIED MALE: UNIDENTIFIED MALE CAPTAIN HOLT: This is Captain Jason Holt. We are back on recording. ‘The same four parties are in the interview room. Governor, did-did the decision or did the date of the 29" of April for the execution for Clayton Lockett, was that set by this office? GOVERNOR FALLIN: | The date for the execution of Mr. Lockett was set by this office. CAPTAIN HOLT: Now is that something that you deal with yourself or do you have staf that-that deals with those type of issues? GOVERNOR FALLIN: The date was set in consultation with my legal team and looking at UNIDENTIFIED MALE: Did you ask for me? GOVERNOR FALLIN: Yeah. Hang on one second. CAPTAIN HOLT: Recording.Appdilate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 674 TRANSCRIPT OF RECORDED INTERVIEW OF MARY FALLIN BY CAPTAIN JASON HOLT LIEUTENANT BRENT JONES CASE NUMBER 14-0189S! ON JUNE 19", 2044, AT 9:58 AM.LEGEND: GOVERNOR FALLIN: GOVERNOR MARY FALLIN CAPTAIN HOLT: CAPTAIN JASON HOLT LIEUTENANT JONES: LIEUTENANT BRENT JONES Ms CHANCE: JENNIFER CHANCE CAPTAIN HOLT: Okay. This is Captain Jason Holt. We are back on recording. The same four parties are in the interview room. So your legal staff would be whose dealing with-with most of the dealings that's going on and getting to that date, is that correct? GOVERNOR FALLIN: That's correct. CAPTAIN HOLT: Okay. So that gets us up to that day. Whats the very first time on the 29" that you had any update about the execution? GOVERNOR FALLIN: Well during the day leading up to the execution, my staff is briefing me because there'd been so much controversy between the two courts. Between the Supreme Court and the Court of Criminal Appeals about the execution itself and the process that the inmate would-would have... CAPTAIN HOLT: Mm-hmm. GOVERNOR FALLIN: in the execution with-with the drugs themselves, So on that date, we got to the time of the execution, which was 6 o'clock. How our office works is that we organize our office that | have two staff that are here in the office and they stay until the process is totally over. Legal staff is required to monitor the execution process and if there’s any stays that should be-should--stays that might come out of court or-or certainly if we decided to do something like that. We establish a continuous line of communication with the person in charge of the execution process and the chamber itself so the correction officer briefs my legal counsel10 u 2 13 4 is 16) 7 18) 19 20) 2 22) 23 24) 25 26) ‘moment by moment as to how the process is going, And then of course my staff has instructions to call me if anything unusual should occur during the execution process. | am required by-by law as Governor to give permission to begin the execution and of course | could stop the execution by law also. So typically the way the process works is as my staff is in the office listening to the process itself with the open line of communication continuously, the warden will come on the phone and ask my staff if it is okay to proceed with the execution. My staff calls me and we talk and asks me if It's okay to pro-proceed with the execution and we do that because if there should be any stays by a-a court, then we need to be able to verify that there's no stays that are currently in place. | can elther say yes or no to the execution, depending upon iff we have some decision contrary to that from a court. CAPTAIN HOLT: Okay, Did they contact you that night to ask if you if~your staff contact you at any time that night to ask you if you were-were ready to go with... GOVERNOR FALLIN: Yes. CAPTAIN HOLT: ...with this one? Okay. GOVERNOR FALLI Let's see. So | received the first call and the ‘execution proceeded. Approximately about 6:30 | received another phone call from my legal counsel telling me that during the process of the execution itself that they felt that there was something that didn’t go right. Didn't know what it was and my legal counsel advised me of that and | said well what is the recommendation that we're hearing from the warden and what do you recommend that we do? And at that point in time he said the warden is recommending that we stop the execution itself. CAPTAIN HOLT: Okay. GOVERNOR FALLIN: And I said "You have my permission to stop the execution,’ and then | said please call me and let me know what else is going on once you figure out what has occurred that...16 17 18 19) 20 au 22 23 25 26 CAPTAIN HOLT: Was that Steve Mullins that had called? GOVERNOR FALLIN: _ ...that night. Itwas Steve Mullins. CAPTAIN HOLT: Okay. FG: Yes. Steve Mullins called me. Steve also asked me if he could start on papers for a stay if-on the execution itself and | said yes to go ahead and begin the process of preparation of executive orders for a stay and | think he worked with Jennifer Chance here in our office at that time on the executive orders. He told me he'd get back fo me and let me know what was going on but at that point, we had discussed having a stay of execution until we could figure out what the current condition of the inmate was and what had happened during the process itself. CAPTAIN HOLT: Okay. GOVERNOR FALLIN: At that point in time, | had asked Steve if the inmate was still alive and he said yes, at that point. And then he called me back and we-we'd actually issued the stay of execution and then he called me back and said that the inmate had died. And of course | asked what had occurred and he had just advised me that the inmate had some type of seizure. Wasn't sure medically what was going on but they had drawn the curtains and stopped the execution and | issued the stay and then the inmate went ahead and died after that. And then he-he called me another time and we talked, you know, again about the process itself, So | asked him just to keep me informed. | was totally involved that night. He called me | think four times total CAPTAIN HOLT: Okay. GOVERNOR FALLIN: Between 6:30 to 8, just during that process itself. They told me that Director Patton was going to have a press conference. | said ‘Well keep me informed on what Director Patton is saying about the execution itself.” | also had a conversation with our communications director because we had issued a stay ofwe en 10 ul 2 13 “4 15 16 wv 18 19 20 a 2 23 24 25 26 ‘execution, not only for Mr. Lockett but we decided to issue a stay of execution for Mr. Wamer because we didn't understand what had occurred during the execution process itself and we want to make sure the protocols were right during the executions. So asked my communications director to work with the legal team to make sure that we sent out a notice to the press and to let the public know that we had issued two stays of execution. The first one and then the second one for Mr. Wamer and that we would not go forward with Mr. Wamer’s execution that same night 8| and-and we stayed that. And then | also advised my staff, my legal counsel and my 9| communications director and they were all in talking with my chief of staff that same right to make sure thet first thing that morning that we had a meeting. That we brought in our legal team. [actually had Commissioner Thompson on standby to also brief us ‘cause he was at the execution also and he’s head of Public Safety. And then I wanted a full briefing the next morning and to visit with them. We also visited with Director Patton to know what was going on too. And then next moming I held a press conference to update the public and the news media to order an independent review of the execution protocols and to also announce that I'd asked Public Safety Commissioner Michael Thompson to lead an independent review of the state’s execution protocols and procedures. And there were three areas that | asked Commissioner Thompson to focus on. First is Clayton Lockett’s cause of death, and to ask that we have aan independent pathologist make the determination of the cause of death. Secondly | asked for review to determine whether or nat the Corrections Department had followed correct protocol for the executions—execution | should say. And third, Commissioner Thompson would develop recommendations to improve execution protocols for the Department of Corrections. And { told him | Wanted the process to be deliberate and be thorough and to take as much time as needed to make sure that we understand what occurred that night, how we couldeeu aos 10 ul 12 3 14 1s 16 17 18. 19) 20, a 23 24 25 26 make improvements to the execution procedures and process itself and to make sure ‘that Department of Corrections followed their-their protocols that night. CAPTAIN HOLT: Okay. Did any of the briefings that you received where either Commissioner Thompson or Director Patton were involved~did either one of ‘them ever give you any specifics of anything that they had found out that may or may not have happened in that room? GOVERNOR FALLIN: Director Patton actually listed a timeline and published it for public review. Not only to my office, but he gave me a report immediately the next moming listing moment by moment the different things that occurred that day and that evening with-with Mr. Lockett. And of course that was even in the newspaper too. CAPTAIN HOLT: And that was the most detail, up unti this point? GOVERNOR FALLIN: That was the most detailed report at that... CAPTAIN HOLT: Okay. You talked about visiting with-with Mr, Mullins reference the stay so, you told him that you're going to nat only stay Wamer's execution but that you are-you are fine with stopping Lockett's and that you were even gonna issue a stay, I guess, if he were to: survive? GOVERNOR FALLIN: Yes. CAPTAIN HOLT: That-that there was gonna be a stay for that as well. GOVERNOR FALLIN: Absolutely. CAPTAIN HOLT: ...and that’s when they started it and that was on your order, correct? GOVERNOR FALLIN: That was on my order. CAPTAIN HOLT: Okay. GOVERNOR FALLIN: Yes. Iwas on the phone directly with my chief legal counsel, Steve Mullins and once he advised me that something was going on10) ll 12) 13 14) 15 16) 7 18 19 20 a1 23 24 25 with the execution itself. 1 asked him what the Director of Corrections, Robert Patton, suggested that we do and what was his recommendation and he said “In light of not knowing what's going on with the inmate itself, | recommend that we stop the execution.” | said “Stop It.” CAPTAIN HOLT: Okay. GOVERNOR FALLIN: And then | issued a stay, an executive order, and then after further consultation that night within a short time after that, we decided to stay the execution of Mr. Wamer too. CAPTAIN HOLT: Okay. The next question—and you may not know the answer and I'm gonna ask you specifically, not your office, just you specifically, okay? Did you personally have any input or into this new three drug protocol? Did any of that come from you? Were you ever briefed and you made any decision related to the new protocol at D.0.C.? GOVERNOR FALLIN: _ I had been briefed since we found the protocol by my legal counsel who was also consulting with the Attomey General. CAPTAIN HOLT: Okay, okay. And in those briefings, you never made any decisions yourself on specifically what drugs to use In that execution? GOVERNOR FALLIN: _ No. CAPTAIN HOLT: Okay. You have any follow ups on the first two before... LIEUTENANT JONES: Govemer, whenever you issued the stay for Lockett~‘cause initially what I'm understanding is you Issued a stop and then you issued a stay-was there a litle bit of time there before the actually the stay was issued? Or did-or did you ever get to issue a stay for Lockett? Was it where you stopped the execution for Lockett and then you did a-a~and then | know that there was conversation about a stay on Wamer's. Was-was it a deal were the stay for Lockett was issued after he had already passed? You know that didn't get‘Appdiiate Case: 14-6244 Document: 01019361757 Date Filed: 12/292014 Page: 681 10 ul R 13 14] 15 16 7 18 19 20) 21 23 24 2s 26 communicated until he had after already passed? MS CHANCE: — Can we go off for a minute? CAPTAIN HOLT: Sure. We'll stop the recording.Appfilate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 682 TRANSCRIPT OF RECORDED INTERVIEW oF MARY FALLIN BY CAPTAIN JASON HOLT LIEUTENANT BRENT JONES CASE NUMBER 14-0189S1 ON JUNE 19", 2014, AT 9:56 A.M.LEGEND: GOVERNOR FALLIN: GOVERNOR MARY FALLIN CAPTAIN HOLT: CAPTAIN JASON HOLT LIEUTENANT JONES: LIEUTENANT BRENT JONES MS CHANCE: JENNIFER CHANCE CAPTAIN HOLT: This is Captain Jason Holt We are again back on recording with the same four parties in the Interview room. Go ahead Lieutenant Jones LIEUTENANT JONES: Okay, Govemor. The stay was iestied, yougave a verbal stay before Lockett passed, is that correct? GOVERNOR FALLIN: _ Right. LIEUTENANT JONES: Okay, okay. GOVERNOR FALLIN: That's correct, CAPTAIN HOLT: Govemor, is there anything spectic about that-that day, about that night~any conversations you had, any briefings that you've had sinoe then -that you think we should know about that we haven't asked about that might be important for us a9 we continuo our investigation? GOVERNOR FALLIN: _ | think the most important thing is that we have a process in my office to where there is constant communication between myself, my legal team and the department of conections and whatever is happening in the execution chamber itself CAPTAIN HOLT: Mm-hmm, GOVERNOR FALLIN: {t's a continuous line through the telephone that is. open, that my staff is knowing moment by moment what is going on. They call me ‘thet particular night | think they called me four times...Appefiate Case: 14-6244 Document: 01019361757 Date Filed: 12/29/2014 Page: 684 1 CAPTAIN HOLT: Mm-hmm. 2 GOVERNOR FALLIN: Ina pretty short time period to tell me exactly what 3| was going on. Asked me what do | wanna do as Governor, to make the decision and 4] as | did. | first authorized the execution, then halted the execution once we found out 5] something was going on and then stayed the execution. And then they called to brief 6] me that the inmate had gone ahead and passed. 7 CAPTAIN HOLT: Okay. Anything else that you can think of 8 GOVERNOR FALLIN: _ | think that's all 9] CAPTAIN HOLT: Okay. You have anything Lieutenant Jones? 10 LIEUTENANT JONES: No. We're good. u CAPTAIN HOLT: Okay. We will end the interview at 10:31AM. 2 13 4 15 16 17) 18) 19 20 au 2. 23 24 25