Former Chief Investigator Acquitted of Sexual Battery
Last week, the trial began in the Oklahoma City sexual battery case against Kevin Rowland, former chief investigator for the medical examiner's office. After only two days of trial and 50 minutes of deliberation, jurors found Rowland not guilty of sexual battery against a male co-worker.
Rowland was charged with sexual battery following an incident in December of 2007, in which he grabbed the chest of a male co-worker. The prosecution argued that Rowland took sexual pleasure from the action and that he was on "an erotic power trip." According to Rowland's Oklahoma City defense lawyer, however, Rowland's actions were merely "horseplay" and not sexual in nature.
Jurors agreed with the defense that there was no evidence that the incident was meant to arouse either Rowland or his accuser; if the action was not sexual in nature, then no sexual battery occurred. Jurors failed to find evidence that the married Rowland had sexual interest in his male co-worker. Additionally, they considered a series of racy emails sent to Rowland from his accuser before and after the incident. The emails included a montage of film scenes showing topless women.
While jurors found Rowland not guilty of sexual battery, prosecuting attorneys say the judge refused to allow them to consider finding Rowland guilty of misdemeanor assault.
In fact, after the acquittal, one juror claimed that the case was a waste of the taxpayers' money, contrasting the "horseplay" in the Rowland case with serious cases of sexual harassment or sexual battery in the workplace. "It wasn't worth it," she said of the trial.
Rowland still faces Oklahoma rape charges. He is accused of raping a female employee at a Tulsa hotel in 2006. His Oklahoma rape defense attorney asserts that the charge is equally unsupported by evidence as the sexual battery charge, and that it is politically motivated. His trial is scheduled to begin in late November.
Two Arrested for Child Prostitution in Oklahoma City
Two people were arrested last week last weekend on charges of transporting a minor for the purpose of prostitution. When they were arrested, the man and woman accused of pimping an underage girl had six children in the car with them.
Police arrived at an Oklahoma City truck stop when a truck driver called 911 to report that a 16-year-old girl knocked on the window of his truck to ask him if he wanted "company." When officers stopped the vehicle to which the girl returned after the truck driver refused her offer, they found a man and woman in the car with six children, aged 9 to 17. The woman, a transient, claimed to be the mother of four of the children and the aunt to two others. Police said it was not immediately clear if all of the children were being used as prostitutes. The children were taken into state custody, and the adults were booked into the Oklahoma County jail.
The Oklahoma City case is only the latest instance of child prostitution in the news. Earlier this month, a man in a neighboring state was sentenced in federal court to 10 years without parole for attempted commercial sex trafficking of a child. His case opened an undercover investigation into child prostitution, which netted seven defendants in the federal child prostitution case. The U.S. attorney's office reported that officials placed Internet ads for underage prostitutes, and when the defendants showed up to the undercover location and paid cash for a child prostitute, they were arrested.
In Oklahoma, lewd acts with a minor, statutory rape, and internet sex crimes including solicitation of a minor, are all very serious offenses. An Oklahoma sex crime attorney understands the consequences of conviction, including hefty prison sentences and lifetime sex offender registration. Those charged with these crimes need the immediate help of an experienced Oklahoma City criminal defense lawyer to challenge the charges.
Supreme Court Upholds Indefinite Incarceration for the “Sexually Dangerous”
Last week, the Supreme Court ruled that federal officials can indefinitely hold inmates considered sexually dangerous, even after they have completed their prison sentences. The ruling overturns a lower court decision that claimed Congress overstepped its authority in enacting a law that allows indefinite detention of sexually dangerous inmates.
The Act in question is the Adam Walsh Child Protection and Safety Act, signed in 2006 by President George W. Bush. The Act authorizes civil commitment of sexually dangerous federal inmates. The Adam Walsh Child Protection and Safety Act also established the sex offender registry, increased penalties for federal crimes against children, and strengthened protection from child pornography. The only challenged aspect of the Act is the civil commitment of federal inmates deemed sexually dangerous.
According to Justice Stephen Breyer, "The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned by who may be affected by the federal imprisonment of others."
The inmates challenging the law were convicted of possession of child pornography or sexual abuse of a minor. Though their incarceration was supposed to have ended more than two years ago, the men are still confined, as authorities have determined that the men are sexually dangerous, or a risk for sexually violent behavior or child molestation if they are released.
Dissenters in the Supreme Court's decision included Justice Clarence Thomas and Justice Antonin Scalia. Thomas stated in his dissension that nothing in the Constitution "expressly delegates to Congress the power to enact a civil commitment regime for sexually dangerous persons, nor does any other provision in the Constitution vest Congress or the other branches of the federal government with such a power," and that Congress can only pass laws that deal with federal powers specifically outlined in the Constitution.
The Supreme Court's ruling only affects those convicted of federal sex crimes. State laws dealing with the civil commitment of sex offenders and those convicted of child sexual assault are not affected by the ruling.
If you have been charged with a sex crime in Oklahoma, contact an Oklahoma sex crime defense attorney immediately to protect your rights and your freedoms.
Registered Sex Offender
This past week we were able to help a client get completely removed from the Oklahoma Sex Offender registry.
Former Oklahoma Official Faces Trial in Sexual Battery Case
The former chief investigator for the Office of the Chief Medical Examiner faces a sexual battery trial after an Oklahoma County judge denied the defense's motion to quash his indictment. Kevin Rowland also faced four charges of sexual battery in Tulsa, but three of the charges were dropped because they had reached the statute of limitations, and the fourth charge was amended to rape.
Rowland's Oklahoma sex crime defense lawyer asserts that the charges against the former chief investigator are politically motivated. He filed the motion to quash saying that the indictment stemmed from an incident that was merely "horseplay" between two co-workers, rather than a sexually motivated crime. Rowland is accused of sexual battery for twisting the nipple of another male investigator while making a sexually suggestive statement. Prosecutors claim that the action was intended to "arouse and excite sexual interest," and that the former chief investigator was taking advantage of his subordinate. However, the defense attorney asserts that the alleged victim did not take the incident as harassment and, in fact, did not even report the incident. Rather, he disclosed it during an investigation into the other sexual battery charges against Rowland.
In fact, recently fired chief medical examiner Dr. Collie Trant states that he believes Rowland's alleged sex offenses are a result of the culture of the agency, rather than individual criminal conduct. He alleges in a lawsuit fighting his dismissal that he was fired in retaliation for reporting wrongdoing in Rowland's indictment.
Oklahoma sexual battery laws are some of the toughest in the nation. While many states consider sexual battery to be a misdemeanor, Oklahoma law treats sexual battery as a felony punishable by up to ten years in prison. Oklahoma law gives a broad definition of sexual battery. This vague definition allows sexual battery charges to be applied in a wide variety of situations, but can make it difficult to prove, due to the subjective nature of the charge. If you have been charged with sexual battery in Oklahoma City, obtain legal counsel as soon as possible. Seek an Oklahoma City defense lawyer with years of experience of successful sex crimes defense.
Oklahoma City Woman Pleads Guilty to Mail Fraud and Tax Evasion
An Oklahoma City woman charged with embezzling over a million dollars from the local car dealership with whom she was formerly employed pleaded guilty earlier this month to mail fraud and tax evasion.
Debra A. Minshall, also known as Debra Alzubi, was indicted in January on charges of taking money from City Chevrolet for the purposes of paying off her personal credit card debt. According to prosecutors, Minshall wrote check's on the dealership's account and sent them to her own bank to make payments on her credit cards. The indictment alleges that she disguised the checks as lien payments for vehicles that either did not exist, did not require payment, or whose liens were held by other banks. In addition to the alleged embezzlement and mail fraud, Minshall is accused of tax evasion for failing to report over $200,000 in taxable income for the tax years 2006-2008.
While Minshall's sentencing is still a few months away, she faces a possible sentence of a maximum of 20 years in prison and a $250,000 fine. Additionally, as part of her plea agreement, she must forfeit any profit from her fraud and must pay restitution to her former employer, City Chevrolet.
An earlier post details the possible consequences of Oklahoma embezzlement, which generally include fines, restitution, and jail time. Mail fraud is a federal offense in which the United States Postal Service is used in the commission of the attempt to illegally obtain money. In the case described above, Minshall mailed the fraudulent checks to her bank, which added mail fraud to her list of charges.
If you are charged with mail fraud, embezzlement, tax evasion, or other white collar crime in Oklahoma, contact a successful Oklahoma white collar defense lawyer as soon as possible. An experienced Oklahoma fraud attorney can help defend you against inaccurate charges or mitigate the circumstances surrounding your arrest if you have, in fact, broken the law. If you believe you may have done something illegal, seek counsel as soon as possible to help preserve and protect your rights.
Domestic Abuse Assault and Battery
We represented a client in Tulsa County, Oklahoma court who was charge with Domestic Abuse Assault & Battery. Today, because of our efforts, that case was dismissed.
Oklahoma DUI Laws Allow Convictions of Drivers “Below the Limit”
Every spring, with the arrival of proms and graduations, high schools across Oklahoma focus their attention on drunk driving prevention. Organizations such as Students Against Drunk Driving (SADD) conduct assemblies and programs outlining the devastating consequences that can occur as a result of drinking and driving. Most of these programs highlight emotional stories of tragic and fatal drunk driving accidents. Few of them, however, focus on the legal aspects of a DUI conviction or inform these young drivers that even one drink before driving can lead to a conviction for driving under the influence.
Most people realize that a Blood Alcohol Concentration (BAC) of .08 is the standard for intoxication in all 50 states, and assume that if they have had very little to drink, their BAC is below the legal limit. Many people do not realize, however, that Oklahoma also allows for DUI and DWI convictions with a BAC of below .08. For example, Oklahoma has zero tolerance for those under the legal drinking age who drink and drive. A BAC as low as .02 can net a DUI conviction in a driver under the age of 21. Additionally, commercial drivers can be convicted of DUI with a BAC below .08. Finally, a driver can be charged with Oklahoma DWI (Driving While Impaired) even if tests show that his or her BAC is below .08.
An earlier post describes what to do if you are arrested for DUI or DWI in Oklahoma City. If you are arrested, it is important to note that you have only 15 days to request a hearing, or your license will be automatically suspended, and the suspension cannot be lifted. For this reason, it is imperative to immediately contact an Oklahoma City DUI lawyer with a proven record of successful DUI defense. A DUI defense attorney will evaluate the circumstances surrounding your arrest, including analysis of sobriety tests and police procedures, to ensure that your Constitutional rights are protected.
Mother Found Not Guilty in Oklahoma Child Abuse Death
Last week, jurors found Heather Trask not guilty in the 2006 death of her 6-month-old daughter. Trask had been charged with first degree murder for allowing the child abuse that led to the baby's death. The baby's father, Jonathan Trask, was convicted of first degree murder in 2008 for causing the injuries that killed his daughter.
The prosecution claimed that Heather Trask was also responsible for her daughter's death because she allowed her child to be abused. However, according to her Oklahoma defense attorney, Trask was unaware that her daughter was being abused and believed the lies her husband told to explain the baby's injuries.
After deliberating for six hours, the jury found that there was insufficient evidence to convict Heather Trask of first degree murder. According to her criminal defense lawyer, the only "evidence" against Trask was the lack of emotion she appeared to show when confronted with the news of her child's death and when questioned by police. Her defense asserted that Trask was in shock, not only from the death of her daughter, but from losing custody of her 18-month-old son only hours after her daughter's death. The defense team argued that this apparent lack of emotion proved nothing about Trask's knowledge of her husband's abuse of their child. The jury agreed.
Domestic violence in Oklahoma is a significant problem for the state. Traditionally, Oklahoma has high rates of child abuse and intimate partner abuse. However, many Oklahoma domestic violence allegations are false or exaggerated. In 2009, the Oklahoma Department of Human Services (DHS) investigated 53,394 cases of suspected child abuse; however, only 16% of these investigations confirmed abuse. Domestic violence claims arise from custody disputes and even as vengeance in bad break-ups. In the case of Heather Trask, she was nearly convicted of murder for believing her husband's excuses for their daughter's injuries.
If you are charged with domestic violence in Oklahoma, immediately seek help from an Oklahoma Domestic Violence Lawyer. Your domestic violence defense attorney will work to ensure that exaggerated charges are reduced and that charges stemming from false abuse allegations are dismissed.
Illegal Drug Manufacturing Discovered in OKC Area Home
Three people were arrested on felony drug complaints after an undercover drug buy led to a raid on a home in Moore, Oklahoma. The drug raid revealed an illegal steroid lab, according to a spokesman from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control. During the search of the home, the police found that the individuals were in possession of drug paraphernalia, including steroid powder and liquid, empty pill capsules and presses, syringes, labeling equipment, and glass vials and sealers.
The three individuals arrested are accused of manufacturing their own brand of steroids, and have been jailed on complaints of numerous felony drug crimes, including conspiracy to manufacture steroids and possession with intent to distribute.
Oklahoma drug laws impose stiff penalties. Illegal manufacturing of drugs can result in a felony drug conviction, prison time, and a fine of up to $100,000. Even for the first offense, a possession of drugs for sale or possession of drugs for distribution conviction can result in a sentence of life in prison. With illegal distribution of drugs, the punishment can vary depending on the type and amount of drug, the location of the distribution, and whether the drugs were brought in through international trafficking. In the Moore, Oklahoma illegal drug manufacturing case, those arrested are suspected of bringing the steroid powder in from China, which could lead to more severe punishment if convicted.
Those facing Oklahoma drug charges need immediate help from an Oklahoma City drug crimes defense lawyer. Drug crimes, including manufacture, possession, sale, and distribution of drugs, are a hot button issue, and police and prosecution are quick to make an example out of the accused. A skilled criminal defense lawyer with extensive experience successfully defending Oklahoma drug charges will evaluate the evidence to ensure the validity of police drug testing and work to suppress any evidence that was inappropriately or illegally obtained. Your criminal defense lawyer will fight to ensure that your rights are protected.