A Tulsa Judge refuses to remove the death penalty as punishment for the man charged with killing a Tulsa Police Officer in 2020. David Ware's Attorney had asked the judge to dismiss the death penalty as an option, because he believes the state's pay is too low and he can’t give Ware a good defense.

Attorney Kevin Adams argued the extensive time a death penalty case requires, paired with the low pay, puts him in a bind. He said he can't take on other cases to make more money, because he has to focus on Ware's case.

Adams is a private attorney and was appointed this case because there was a conflict of interest with the public defenders office. Adams said the $25,000 maximum the state will pay him and another attorney to defend Ware is inadequate.

He argued it creates a conflict between him and Ware, because Adams is having to juggle his personal financial situation with trying to defend Ware to the fullest. He said that's not fair to Ware. Two attorneys testified for Adams about how the low pay affects their ability to represent a death penalty case.

Prosecutors quickly argued both attorneys willingly took those cases, knowing what the pay was. Prosecutors also argued Ware has received effective representation the entire time and there isn't any evidence to the contrary. They said every time Adams has asked the court to pay for something, like an expert witness, the Judge has always said yes.

Adams said his issue isn't just with this case, but what he calls a structural failure to the system. Prosecutors believe this is a hail Mary attempt to delay the trial.

Adams has sued the Tulsa County DA’s office in Federal Court over this same pay issue.