Alternative Sentencing Options in Oklahoma, Part Two
Earlier this week, the Oklahoma Criminal Defense blog discussed the overburdened prison system and the need for sentencing alternatives to ease taxpayer burden while offering appropriate, rehabilitative sentences for low-risk, nonviolent offenders in the state.
The cost of housing an inmate in Oklahoma's prison system is roughly $40 a day. The cost of probation, on the other hand, is less than $3 a day. Incarceration frequently leaves released offenders ill-equipped to adjust to living in mainstream society and more likely to re-offend. Community sentencing and intensive supervision probation (ISP) not only ease the taxpayer burden, but also provide rehabilitative tools for nonviolent or low-risk offenders.
Just what is alternative sentencing?
Oklahoma defense lawyers negotiate sentencing options beyond incarceration for clients convicted of nonviolent offenses and for defendants who are unlikely to commit a crime again in the future. Alternative sentencing includes deferred sentences, intensive supervision probation, drug courts, DUI courts, and other community sentencing options.
The use of technology helps make supervision of certain types of probation easier to monitor. GPS tracking ankle devices can be used to monitor the whereabouts of a probationary offender. For Oklahoma DUI convictions, alcohol-monitoring devices such as SCRAMx ankle cuffs and ignition interlock can help ensure that DUI offenders are complying with alcohol treatment programs.
Across the state of Oklahoma, certain incarceration alternatives are already in place. HB2131 seeks to expand alternative sentencing, making it more widely available to nonviolent, low-risk offenders. Some sentencing alternatives include:
- Intensive Supervision Probation (ISP)--generally requires offenders to pay restitution, pay a supervision fee, perform community service, maintain employment, and submit to random drug and alcohol testing.
- House Arrest--similar to ISP, but more stringent in the terms, requiring the convicted offender to spend a significant duration of the sentence confined to his or her own home. While the offender may be allowed to work outside the home, strict curfews and other restrictions are in place, and the offender's whereabouts may be monitored through telephone voice verification, GPS ankle monitoring, and pagers.
- Residential Community Corrections programs--also known as a "halfway house"
- Drug Court and DUI Court--emphasize probation, restitution, and rehabilitation through substance abuse treatment and counseling, random drug testing, and alcohol monitoring
Alternative sentencing focuses on rehabilitation rather than punishment. By providing counseling and other tools to nonviolent offenders or those at low-risk for offending again, the Oklahoma penal system alleviates taxpayer burden and allows those convicted to serve sentences which allow them to become productive citizens of the state.
This story is part two of a two-part look at alternative sentencing in Oklahoma, establishing the necessity for sentencing alternatives to reduce prison overcrowding. In our previous Oklahoma Criminal Defense blog post, we will examined the overpopulated prison system necessitating community sentencing programs and other alternative sentencing programs in Oklahoma.
Alternative Sentencing Options in Oklahoma, Part One
Oklahoma criminal defense attorneys fight to ensure a fair trial for their clients and to gain the optimum outcome to every case. In cases where a criminal charge cannot be dismissed, an acquittal is unlikely, or a defendant is convicted, criminal lawyers negotiate to receive a just sentence that favors rehabilitation over punishment and that is congruent with the severity of the crime, not excessively harsh.
In a state notorious for its tough stance on crime, criminal lawyers in Oklahoma have struggled against a system that intends to send a clear message that crime will not be tolerated. However, this punitive system of prosecution has begun to catch up with the state through severely overcrowded prisons and reduced staff in the face of legislative budget cuts.
Oklahoma has one of the highest rates of incarceration in the nation: the state ranks fifth in incarceration of men, and it has lead the nation for 14 of the last 15 years in the incarceration of women. The state holds more than 26,600 prison inmates, and the cost of housing each inmate is approximately $40/day--for a total cost of over a million dollars each day.
In addition to the economic impact of housing these inmates, taxpayers bear the burden of caring for the 7,000 children left behind by mothers in prison. Of the more than 2,700 women in prison in Oklahoma, 65% are behind bars for nonviolent offenses.
A surge of 9,000 inmates over the last several years has led to prisons across the state being at over 96% bed capacity. Minimum security prisons are over 98% capacity, and medium security prisons exceed 99% capacity. Over the past 15 years, the cost of operating the Oklahoma prison system has nearly quadrupled, increasing from $118 million to $450 million annually.
One driving force between the increase in the demands on the state's prison system was the introduction of truth in sentencing guidelines in 1997. Also known as "The Eighty-Five Percent Rule," these guidelines require those convicted of certain Oklahoma criminal offenses be required to serve at least 85% of their prison term before becoming eligible for parole or early release. Originally in place for 11 criminal offenses, the list of Oklahoma crimes covered by the 85% Rule has grown to include 20 criminal offenses:
- First degree murder
- Second degree murder
- First degree manslaughter
- Poisoning with intent to kill
- Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm
- Assault with intent to kill
- Conjoint robbery
- Robbery with a dangerous weapon
- First degree robbery
- First degree rape
- First degree arson
- First degree burglary
- Bombing
- Any crime against a child provided for in Section 7115 of Title 10 of the Oklahoma Statutes;
- Forcible sodomy
- Child pornography
- Child prostitution
- Lewd molestation of a child
- Nursing home abuse
- Aggravated trafficking
To alleviate overcrowding in the state's prison, to provide just legal consequences for nonviolent offenses, and to encourage rehabilitation, criminal defense lawyers in Oklahoma City and across the state are encouraging alternative sentencing that will allow nonviolent offenders to serve deferred or suspended sentences or to complete Intensive Supervision Probation (ISP) programs.
Currently HB 2131 is awaiting vote in the Oklahoma Senate. This penal reform bill would attempt to save nearly $10 million annually by removing current restrictions and allowing community sentencing options for more offenders.
This story is part one of a two-part look at alternative sentencing in Oklahoma, establishing the necessity for sentencing alternatives to reduce prison overcrowding. In our next Oklahoma Criminal Defense blog post, we will examine the community sentencing programs and other alternative sentencing programs available in Oklahoma.
Importance of Hiring an Oklahoma Criminal Defense Attorney
If you have been accused of a crime, arrested for a crime, or charged with a crime, it is imperative that you consult an Oklahoma defense lawyer immediately. Throughout the criminal justice process, an uninformed or misguided suspect or defendant may make a number of mistakes that can jeopardize the outcome of his or her case, the most critical of which is not hiring a criminal defense attorney without delay.
In many cases, those accused of crimes are hesitant to gain representation from a criminal lawyer in Oklahoma, fearing that they cannot afford legal services or that hiring a defense attorney looks like an admission of guilt. However, neither of these reasons are valid reasons for failing to protect oneself with the help of a skilled legal expert.
While the cost of hiring a qualified attorney is certainly a consideration for most people, the truth is that you can't afford to face prosecutors, a judge, or a jury without the legal expertise of a skilled defense lawyer. If you are convicted, you will lose much more than the cost of legal defense services. A criminal conviction can cost you your financial security, your family, and your freedom.
For the accused who think they do not need to hire an Oklahoma defense lawyer because they are afraid it might make them look guilty, consider this: In most cases, investigators and prosecutors already think you are guilty, particularly in the case of allegations of child molestation in Oklahoma. They are not looking to support and prove your innocence, but your guilt. Anything you say to investigators without the advice of your attorney can be manipulated and used against you. Even claims of innocence can be twisted to look like guilt in the hands of a skilled prosecutor. To avoid self-incrimination and to protect your constitutional rights, you need the help of an experienced defense attorney.
Bear in mind that a criminal defense lawyer is not only there to build a defense strategy to use at trial, but to protect your rights throughout the process. The sooner your Oklahoma criminal defense attorney is involved in your case, the better able he will be to help you avoid critical mistakes that could haunt you.
For the best result to any important endeavor, you should turn to an expert. Criminal law is no exception. You rely on professionals for home repair, car repair, and medical care; shouldn't you trust a professional to handle your legal needs as well? For more information on legal services and defense options, contact an Oklahoma defense attorney as soon as possible.
Lack of Evidence Leads to Dismissal of 3 OKC Murder Cases
The ultimate hope of everyone charged with a crime in the state is that his or her Oklahoma criminal defense lawyer will be able to bring the case to a close with either a dismissal or an acquittal. While a dismissal or a "not guilty" verdict is not possible in every case, three Oklahoma City homicide cases were dismissed in just over a month due to lack of evidence. Prosecutors say they have the right to file charges again if new evidence is provided or discovered in these cases, but for now, three men are free from the murder charges originally filed against them.
The first of the three recent homicide cases to be dismissed was that of Brian Keith Manual, 20, of Oklahoma City. Manual, known as "Teen Wolf," was accused in the Oklahoma City shooting death of 19-year-old Kascey McClellan outside a club in 2008. Manual was charged after witnesses identified him as the shooter, and he spent six months in jail before his case was dismissed on February 4, 2011, due to "problems with the witnesses."
Doyle Wayne Briggs, 36, also of Oklahoma City, was released from jail on February 25, 2011, after spending 18 months behind bars for his alleged role in a fatal shooting over a drug dispute. Briggs and an accomplice, Jarmal Walker, were accused of killing brothers Shannon and Corey Brown, who confronted two men alleged to be Briggs and Walker after the men sold them fake cocaine. Walker was convicted of the murders and is serving two consecutive life terms. Briggs's case was dismissed after prosecutors admitted they had problems with the evidence.
Last week, prosecutors dismissed a murder charge against Richard M. McFall, 57, of Oklahoma City. McFall, who was on parole for a 1991 second degree murder conviction, was accused of shooting and killing Billy Gene Cooks, Jr., 31, after his cell phone was found near the victim's car at a truck stop in Oklahoma City. Insufficient evidence led to the dismissal of the homicide charge.
While dismissal and acquittal are not possible in every criminal case, a skilled Oklahoma defense attorney will work to ensure a fair trial and the optimum outcome to every case. Through challenging inadequate, insufficient, or illegal evidence, a criminal lawyer may be able to achieve a dismissal of the case before it ever goes to trial. In other cases, questionable evidence may render it impossible for prosecutors to meet the burden of proof, allowing a jury to reach a verdict of not guilty. Those accused of crimes in Oklahoma City and throughout the state should contact an experienced, successful criminal defense lawyer in Oklahoma as soon as possible to begin building a solid defense.
Oklahoma Rape Case Dismissed for Former Chief M.E. Investigator
The dismissal of the Oklahoma rape charge against Kevin Rowland, former chief investigator for the state medical examiner's office brings an end to his ordeal battling sex crime accusations. In 2009 and 2010, Rowland was charged with sexual battery in Oklahoma City and sexual battery and rape in Tulsa. He was not convicted of any of the accusations, lending credence to the assertion of his Oklahoma sex crimes defense lawyer that Rowland was the victim of a "political witch hunt." He claims the charges against Rowland came only after he angered legislators by suggesting the Tulsa location of the Oklahoma Medical Examiner's Office be shut down.
In May, Rowland was acquitted of sexual battery against a male co-worker, in which he allegedly grabbed the man's chest. While prosecutors said Rowland was on an "erotic power trip," the jury found that the former investigator was guilty of nothing more than "horseplay." Jurors noted that Rowland's accuser sent him racy emails of topless women both before and after the alleged incident of sexual battery and also found that no sexual intent or gratification was present in the action for which Rowland was charged.
At the time of his acquittal on the Oklahoma City sexual battery charge, district attorneys were dropping a sexual battery charge in Tulsa and replacing it with a rape charge--the case which was dismissed last week.
In the Tulsa rape case, Rowland was accused of raping a female co-worker in a Tulsa hotel in 2006. She told investigators that she repeatedly told Rowland, "No," but he proceeded to rape her. The married Rowland maintained that he never even met the woman at the hotel. His Oklahoma rape lawyer planned to question the accuser's credibility, since she admitted to having never reported the alleged rape to police, the M.E.'s office, the OSBI, or a grand jury. She says she first told a prosecutor about the rape in February 2010, several years after the alleged incident, and only after other charges against Rowland were being pursued. The woman recently decided not to pursue the case, citing health reasons, and the Tulsa rape case was dismissed.
The beleaguered Rowland says that now that the ordeal is behind him, he wishes to focus on rebuilding his family and finding a job.
Defense Lawyers in OK Eye Death Penalty Ban with Interest
Oklahoma defense attorneys have observed with interest the recent banning of the death penalty in Illinois. After an eleven year moratorium on capital punishment, the ban will be made permanent with the signing of a bill that will take effect on July 1, 2011. When the moratorium was first put into place by then-governor George Ryan after 13 condemned inmates were cleared between 1977 and 2000. He then commuted the death sentences of 164 prisoners to life in prison. Current governor Pat Quinn commuted signed the ban into law and commuted the sentence of the remaining 15 death row inmates to life in prison without parole.
Governor Quinn cited the fallibility of the criminal justice system in convicting the innocent as a reason necessitating his support of the abolishment of the death penalty. He pointed out several instances of condemned inmates being later exonerated. Criminal defense lawyers in Oklahoma note several cases of defendants sentenced to die and later cleared through DNA evidence. Robert Miller was cleared of rape and murder in 1998 after spending 9 years on Oklahoma's death row. Ron Williamson was exonerated by DNA evidence after nearly a decade on death row for a murder he didn't commit. Most notably, Curtis McCarty spent 18 years on Oklahoma's death row and was sentenced to death three times based on flawed forensic evidence and misconduct.
Oklahoma is one of thirty-four states which still actively allows capital punishment, or the death penalty, for certain violent felonies. In fact, Oklahoma ranks third, behind only Texas and Virginia, in the number of executions performed annually, and leads the nation in executions per capita.
Oklahoma death penalty cases were recently in the spotlight after the state ran out of sodium thiopental, a key ingredient in Oklahoma's lethal injection "cocktail" that renders the inmate unconscious prior to administration of two drugs that paralyze the muscles and stop the heart. Oklahoma planned to use a similar drug used in animal euthanasia until more sodium thiopental became available. The Oklahoma criminal defense attorneys for two inmates scheduled to be executed with the new drug challenged the change, saying the new lethal cocktail amounted to cruel and unusual punishment. The challenge was overruled in Federal court, and Oklahoma first used pentobarbital instead of sodium thiopental on December 16, 2010, in the execution of John David Duty. Duty was sentenced to death after strangling his cellmate. Duty was already serving three life sentences from a 1978 conviction for rape, robbery, and shooting with intent to kill.
Oklahoma death penalty law allows a sentence of death for first-degree murder convictions in which one or more of eight statutorily defined aggravating circumstances are met. These circumstances include:
- prior conviction of a violent felony
- defendant knowingly created great risk of death to more than one person
- murder for hire
- an exceptionally atrocious or cruel murder
- murder committed to avoid arrest or prosecution
- a murder committed while serving a sentence for a felony conviction
- probability of repeat offense and threat to society
Additionally, the state continues to be one of a handful to push for the death penalty in Oklahoma child rape cases, despite a 2008 Supreme Court Ruling which found a Louisiana law making child rape a capital case to be unconstitutional.
Life in Prison Possible for Three Accused in OKC Assault
Just after Valentine's Day, a story hit Oklahoma City headlines that gripped and enraged the general public. An off-duty police officer, Chad Peery, 34, was severely beaten as he attempted to diffuse an altercation at a local bar and to escort the men involved off of the premises. The attack left Peery paralyzed from the shoulders down. The three men accused in the attack were originally charged with maiming, an Oklahoma assault charge that leads to a maximum penalty of 7 years in prison and a $1,000 fine. They were also charged with conspiracy to commit a felony, which carries a maximum of 10 years in prison and a $5,000 fine. However, a new charge was recently levied against Joshua B. Rinken, 28, of Norman, Jimmy Dan Smith, 28, of Tuttle, and Cadmio Antonio Lopez, 31, of Newcastle, which could lead to life imprisonment upon conviction. The three men were charged last week with a felony count of assault and battery by means of force as is likely to cause death in Oklahoma County District Court.
Prosecutors amended the original maiming charge, adding the new felony assault charge as an alternative charge if the case goes to trial. Jurors will be have the option of finding the men guilty of either the Oklahoma City assault or the lesser maiming charge.
Assistant District Attorney Scott Rowland says the charge was amended after a consultation with Peery's physician, in which the seriousness of the officer's injuries were clearly defined. Surveillance video taken at the bar the night of the assault allegedly shows Rinken holding an obviously unconscious Peery upright before dropping him or throwing him to the ground. Both Rinken and Smith are accused of assaulting Officer Peery, while Lopez is accused of keeping others from interceding on Peery's behalf.
The Oklahoma assault lawyer for Joshua Rinken argues that the amended assault charge is inflated, saying that Peery's injuries were the result of a bar fight that got out of hand, and that his client did not intend to permanently injure anyone. According to Rinkin's attorney, prosecutors were trying to "hit [Rinken] with everything they've got" in an effort to find the harshest penalty possible.
Husband and Wife Sentenced for Child Porn in Oklahoma
A man convicted in August of producing child pornography in Oklahoma was sentenced last week to 50 years in federal prison. United States District Judge sentenced Dean Leroy Freerksen III, 29, several months after a jury found him guilty of taking photographs of two girls, aged 11 and 15, engaged in sex acts with himself and with his wife. Alicia Danielle Freerksen, 22, was sentenced to 10 years for possession of child pornography. Her sentence came as a result of a plea agreement between prosecutors and her Oklahoma sex crime defense lawyer in which she agreed to testify against her husband.
The Freerksens were arrested in September 2009 after the 11-year-old girl was diagnosed with an STD and told authorities that she had been molested by Dean Freerksen III. She said that the couple gave her vodka and orange juice prior to molesting her and filming the act. After the girl's accusation, police obtained a warrant for the Freerksen's home, seizing a computer and digital camera. On the camera, they found photographs of Freerksen and his wife engaged in sexual activity with the 15-year-old girl. On the computer, they found images of Dean Freerksen involved in sexual activity with the 11-year-old girl. Reportedly, police found images of the Freerksens engaged in sex acts with numerous children, both male and female, aged 7-17.
After their arrest, the Freerksens were charged with numerous offenses, including supplying alcohol to minors, sexual exploitation of minors, aiding and abetting sexual exploitation of minors, producing child pornography, possessing child pornography, lewd molestation, and first degree rape.
Dean Freerksen III has prior convictions for child stealing and lewd molestation in Oklahoma. Upon completion of his 50 year prison term, he must register as an Oklahoma sex offender for life, and will spend the remainder of his life on supervised release. Alicia Freerksen will also be required to register as a sex offender and will spend five years on supervised release after the conclusion of her prison term.
Community Leader Charged with Lewd Proposals in Oklahoma
Oklahoma charges of forcible sodomy and lewd or indecent proposals to a minor were levied against an Enid community center leader last week after police say he admitted to sex with a 15-year-old boy he met at the center. Nathan Robert Bowen, 32, is president of the Enid chapter of Parents, Family and Friends of Lesbians and Gays. A police affidavit states that Bowen admitted that he knew the alleged victim was only 15 but engaged in sexual contact with the boy at the community center, which was supposed to be closed the day of the incident.
Though police say Bowen admitted to the sexual acts, his Oklahoma sex crime defense attorney refutes the charges, saying that Bowen is innocent, and rather than making lewd or indecent proposals to a minor, he actually refused advances made by his accuser.
Bail for Bowen was set at $250,000.
Oklahoma sex offenses involving minors are punished harshly. In Oklahoma lewd or indecent proposals to a minor is punishable by up to 20 years in prison and lifetime Oklahoma Sex Offender registration. Forcible sodomy in Oklahoma is a felony sex crime that carries a maximum penalty of life in prison.
Oklahoma's statutory rape laws stipulate that no one under the age of 16 is legally able to consent to sexual contact.
If someone is accused of a sex offense, particularly a sex crime against a minor, it is critical to gain immediate representation from an Oklahoma sex crime defense lawyer. The allegation of a sex offense alone is enough to wreak havoc on the life of the accused and to allow the immediate trampling of his or her civil rights. A qualified criminal defense attorney can not only protect the rights of the accused, but can diligently work to build a strong defense. False accusations, misunderstandings, lack of evidence, or illegally obtained evidence may all be tools for defense in the hands of an experienced sex offense lawyer.