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Lincoln County (Okla.) District Judge Traci Soderstrom (YouTube screengrab via The Oklahoman). Inset: Traci Soderstrom (via Oklahoma State Courts Network).
The chief justice of the Oklahoma Supreme Court recommended the removal of a local judge after she texted her bailiff 500 times during a murder trial, making flippant and crass remarks about the district attorney’s genitals and size of his hands.
An investigation concluded that Lincoln County District Judge Traci Soderstrom was not paying attention during the trial and apparently came to the conclusion that the defendant was innocent of murder. She was overseeing the June murder trial of Khristian Marzall, who was charged with first-degree murder in the May 2018 death of 2-year-old Braxton Danker. The child’s mother, Judith Danker, pleaded guilty to enabling child abuse in 2019, receiving a 25-year prison sentence. She was the state’s key witness in the trial.
Soderstrom made her feelings clear in the text messages that she felt Marzall was innocent and Danker was to blame for the child’s death. She and the bailiff called Danker a “liar” on several occasions.
“State just couldn’t accept that a mom could kill their kid so they went after the next person available,” she texted to bailiff Angela Miller.
The jury ultimately found Marzall guilty of second-degree manslaughter and he received four years with credit for time served, resulting in no additional jail time.
“[Soderstrom] exhibited an absence of objectivity and [Soderstrom’s] communications with the bailiff and others reflect a judge who wholly abandoned her neutral role,” wrote Oklahoma Chief Justice M. John Kane IV. “[Soderstrom’s] public conduct referenced herein brought disrepute upon office and diminished public confidence in the judiciary.”
Here are 12 text exchanges between Soderstrom and Miller laid out in the judicial complaint:
1. Soderstrom says District Attorney Adam Panter was “sweating through his coat,” to which Miller responded “Yes. It’s gross. He’s gross and a horrible speaker.”
2. Regarding the Assistant District Attorney Ryan Stephenson, Soderstrom wrote that they jury is going to “hate him.” Miller responded “Absolutely. He’s an arrogant a——.” The bailiff also made crass remark about prosecutor’s genitals and the judge replied with a laughing icon.
3. Soderstrom also expressed an admiration for the defense attorney. “Can I clap for her,” she texted at one point.
4. The judge said the prosecutors weren’t used to “going up against competent attorneys.”
5. Again ripping the DA during witness testimony, Miller wrote “He’s horrible,” to which Soderstrom agreed and Miller replied “Suckssss.”
6. When a video was played to a witness who was testifying, the judge texted “This s— is boring.”
7. The judge later texted “this is dumb” during the state’s direct examination of a witness and the bailiff responded “I just don’t hope the jury doesn’t buy this s—.”
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8. When Danker was testifying, Soderstrom spent the majority of the testimony texting things such as “Can I please scream liar liar?”
9. Soderstrom was apparently attracted to a police officer who testified. “He’s pretty. I could look at him all day,” the judge wrote to Miller, to which the bailiff replied “Same. lol”
10. She also opined whether a juror was wearing a wig. “That’s a wig. Look at that hair line.”
11. The judge also expressed her opinion that the state couldn’t obtain its desired verdict. “Dna excluded Marzall on bed, not way they get guilty on murder.”
12. Miller had gone on vacation by the time jury instructions rolled around, but Soderstrom had no problem keeping her up on the latest developments. “We are giving an alternative instruction of 2nd degree manslaughter,” Soderstrom wrote. Miller responded, “But no just enabling child abuse?? He didn’t kill that kid.” Soderstrom said she’d “rather” give the second-degree manslaughter instruction because it carries a 2- to 4-year sentence instead of the 25 years to life enabling child abuse requires. “Ahh,” the bailiff responded. “And he’s already served that.”
The complaint also accuses Soderstrom of a host of other misdeeds including forcing male attorneys to take a picture in a pink chair, accusing certain attorneys of being incompetent and being overly critical of the Lincoln County District Attorney’s Office, which Kane says brings into question Soderstrom’s impartiality.
In a different case, Soderstrom allegedly quizzed a jury whether they felt a defendant was guilty or not before the case was adjudicated, the complaint said. She allegedly asked jurors to raise their hand if they thought the defendant was guilty. All but one raised their hand.
“I told you,” Miller responded, according to the complaint. “He was the one I was concerned about.”
In that case, Soderstrom asked the question when the defendant and his attorney were out of the courtroom. The defendant later pleaded guilty and was sentenced to 30 years.
Kane wrote there is a “grave danger” of Soderstrom’s antics continuing.
“There is no evidence the Respondent will voluntarily cease and desist in the performance of those matters which give rise to the filing of this petition,” Kane wrote.
Soderstrom’s actions came to light when The Oklahoman newspaper obtained a 51-minute video of Marzall’s trial which showed she was on her phone most of the time.
She was elected in November 2022 and took the bench in January.
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