Preliminary hearing in Epic Charter Schools case is on hold

Nolan Clay, The Oklahoman
·2 min read
David Chaney, left, and Ben Harris listen to testimony in March at their preliminary hearing in Oklahoma County District Court. They co-founded Epic Charter Schools.
David Chaney, left, and Ben Harris listen to testimony in March at their preliminary hearing in Oklahoma County District Court. They co-founded Epic Charter Schools.

The preliminary hearing in the racketeering case against the co-founders of Epic Charter Schools has been delayed again.

At issue now is whether a defense attorney should be taken off the case.

The co-founders, Ben Harris and David Chaney, are accused of cheating students out of millions of dollars. They were charged in 2022 in Oklahoma County District Court with racketeering, conspiracy, embezzlement, money laundering and other offenses.

The key witness against them is Josh Brock, who was the chief financial officer at Epic Charter Schools and a related private company. He also was charged but has made a deal to avoid prison.

Brock first testified at the preliminary hearing in March. He was set to testify again Tuesday and possibly Wednesday.

Instead, in a surprise, he asked a judge to disqualify Chaney's attorney from the case "to preserve the integrity of the judicial system." Brock claimed the attorney, Gary Wood, had represented him in the past. He told the judge it would be unethical for Wood to cross-examine him.

Wood told The Oklahoman he has never represented Brock.

Brock was represented for a time by prominent defense attorney Mack Martin. He now is being represented by a legal team headed by well-known attorney Irven Box.

Special Judge Jason Glidewell is presiding over the preliminary hearing. He will decide after hearing all the testimony whether the evidence is sufficient against Harris and Chaney for a trial. He said he will take up the disqualification request July 25.

The preliminary hearing would be on hold for months if Chaney had to hire a new attorney.

More: Epic Charter Schools co-founders arrested on charges of financial crimes

Epic started out as a virtual charter school in 2011. It later offered a blend of virtual and in-person instruction in Oklahoma County and Tulsa County. Enrollment exceeded more than 60,000 students during the pandemic. It is now around 27,000.

This article originally appeared on Oklahoman: Why was preliminary hearing in Epic Charter Schools case delayed?