In a report released Thursday, the grand jury said although it found no evidence of criminal wrongdoing, it did find multiple issues with the early release GPS Program. It also found evidence of political favoritism toward the offender, a close friend of Gov. Kevin Stitt.
In 2023, Sara Polston was driving in Norman with a blood alcohol level nearly twice the legal limit. While traveling 66 miles per hour in a 25 mph zone, she crashed into another car, grievously injuring a 20-year-old woman.
Late last year, Polston was sentenced to eight years in prison and seven years on probation.
But after just 73 days in prison, she was released as part of an electronic monitoring program that uses GPS to track offenders.
"This rank political favoritism, particularly on a crime that nearly took the life of a 20-year-old young woman, is indefensible," the report says.
The grand jury has spent months figuring out how and why that happened, as first reported in The Oklahoman.
They found that Stitt called the interim director of the Oklahoma Department of Corrections to discuss other matters, but brought up Polston's pre-sentence investigation process. Stitt knows Polston and her husband, Rod, who is an attorney and owns a tax firm in Norman.
After the call, DOC superiors notified other employees of the call and specifically instructed them to "ensure Polston was treated with respect and made to feel comfortable," according to the grand jury report.
"The [DOC officer assigned to conduct Polston's pre-sentence investigation] was not explicitly instructed to be lenient in his sentencing recommendation to the court," the report said. "However, he believed that the message carried an implication that he was to be lenient. He felt that the wrong decision could cost him his job."
While Polston was in the Cleveland County Jail, then-Sheriff Chris Amason — who has since resigned after pleading no-contest to a charge of embezzlement — offered her "unprecedented" accommodations. She moved cells multiple times for comfort, noise levels, and access to a television. She was given a tablet. Her husband was allowed to bring her Chick-Fil-A. Amason told investigators he wanted to "do them [the Polstons] a solid."
In phone calls while she was in jail, Rod and Sara Polston discussed a figure they called "The Guy" or "Our Buddy" who was working on the "P word," presumably pardon or parole, for Sara.
"However the 'P word' must first go through the Pardon and Parole Board before 'The Guy' approves it and the process is not like the President of the United States," reads a description of one phone call in the grand jury report. "Rod Polston states 'The Guy' was checking to see if the Pardon and Parole board serves 'at his pleasure' to determine if he can tell the Board what to do."
The grand jury concluded that "The Guy/Buddy/Friend" was a code name Stitt. He and Rod Polston played football together at Norman High School, according to Stitt, and are members of the same college fraternity. According to the report, the Polstons have contributed nearly $30,000 to Stitt's campaigns. Stitt explicitly told the Cleveland County District Attorney he is "a close personal friend" of the Polstons.
Polston was transferred from jail to prison in early December. By February 19, she was home.
She was assigned to the Department of Corrections' GPS Program, which is available to non-violent offenders with sentences shorter than 10 years. The DOC has not seemed to count parole toward that sentence length.
During the approval process for Polston's assignment to the GPS Program, DOC officials did not contact the victim or her family. Stitt again called the interim DOC director to check whether Polston's GPS release had been approved.
The grand jury said Stitt's calls to the interim director were "on behalf of the Polstons."
Stitt does not characterize the calls that way. In an interview with News 9 Friday morning, Stitt called the grand jury report "political gossip" from Attorney General Gentner Drummond.
"I did zero favors for this inmate," Stitt said. "When I found out that she was going on an ankle monitor, I called to say, 'This is weird. Are you sure this is right?'"
Stitt said multiple times in the interview that his "heart goes out to the victim."
DOC officials did not contact the victim, Micaela Borrego, or her family while considering Polston's approval for the GPS Program. When the Borregos learned of her impending release, they worked with the Cleveland County District Attorney's Office to advocate against it.
The report finds state laws are not specific enough on eligibility requirements for the GPS Program and afford too much discretion to DOC administrators who do not receive adequate training on conflicts of interest.
"Several DOC executives claimed their hands were tied by statute and policy in approving Polston's early release, however, all affirmed that the GPS Program is discretionary and that they possessed the ability to deny Polston's application at the time," the report says.
Since Polston's release, Oklahoma lawmakers have passed Senate Bill 137, which makes anyone convicted of causing great bodily injury while DUI ineligible for the GPS Program.
Stitt said he supported that measure. When News9 reporter Anna Denison pointed out that the measure became law without the governor's signature, Stitt said he vetoes more bills than any other governor in the country and "purposefully made sure that went into law."
The grand jury found no evidence of criminal wrongdoing. But it found "systematic failures" allowed for Polston's release.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
