The Associated Press
Monday, November 7, 2005; 7:37 PM

TULSA, Okla. -- Former Creek County District Judge Donald Thompson's trial on allegations he exposed himself during court proceedings was canceled Tuesday after his lawyers argued he deserved a preliminary hearing because of changes in the charges.

Thompson's trial on three counts of indecent exposure had been expected to begin next Monday in Bristow. But in a filing last week, prosecutors changed the dates on which Thompson was alleged to have exposed himself to an employee while masturbating with a penis pump.

Prosecutors broadened the possible dates of indecent exposure from three to 49.

Special Judge C. Allen McCall granted the defense's request for a preliminary hearing because of the changes in the charges. He set the hearing date for Dec. 7.

A September trial date was postponed after McCall quashed a 350-member jury pool based on a defense motion. Thompson's lawyers had argued that the group was unacceptable because a judge who had recused himself from the case had participated in assembling the jurors.

Thompson, 58, spent more than 20 years on the bench before stepping down more than a year ago. He previously had waived his preliminary hearing on the three counts.

Prosecutors originally alleged Thompson masturbated with a penis pump under his robe while presiding over two murder trials and a civil trial in 2003. Thompson denies the allegations and said the penis pump seized in the case was a gag gift from a friend.

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Information from: Tulsa World, http://www.tulsaworld.com