Lewd Acts, DUI and Traffic Violations
The Oklahoma City Law Firm of Phillips and Bailey had several new dismissals this week. Two counts of lewd acts were dismissed in Choctaw county and a DUI dismissed in Bethany Municipal court. Also, an application to accelerate was dismissed.
Checotah Teacher Faces Oklahoma Sex Crime Charges
A Checotah elementary school teacher faces numerous Oklahoma sex crime charges after allegedly having a sexual relationship with two high school students. Michelle McCutchan, 38, is accused of having sex with the boyfriend of her 16-year-old daughter and allegedly videotaping at least two of the encounters. Reports state that an investigation into the alleged acts took place after the teenage boy bragged to his friends about the sex tape.
According to Checotah police, McCutchan admitted to having sex with the teen at least five times, to videotaping two of the sex acts, and to "sexting," or sending nude photos of herself to the boy's cell phone.
Oklahoma statutory rape laws set the age of consent at 16; however, the law also prohibits teachers and school officials from having sex with students. Even though McCutchan is a fifth grade teacher at Marshall Elementary in Checotah, and she is accused of having sex with two teen students from Checotah High School, the law applies because McCutchan is an employee of the district where the boys attend school.
At least one source reports that McCutchan may have had sex with a third 16-year-old boy, but that he is not a student and is therefore legally able to consent.
Initially, McCutchan was charged with second degree rape and one count of sodomy and was released on $5,000 bond. However, a continuing investigation provoked allegations that the woman had sex with at least one other teen. McCutchan now faces nine counts each of second degree rape and sodomy, two counts of providing alcohol to minors, one count of possessing child pornography and one count of child neglect.
The child neglect count involves McCutchan's 15-year-old daughter and McCutchan's alleged failure to protect her child from sex acts. Allegedly, McCutchan allowed her daughter to watch her have sex with one of the boys, and then watched as the girl had sex with the same boy. The child pornography charge stems from McCutchan's possession of the sex tape made with her teenage lover.
A second degree rape charge often indicates statutory rape in Oklahoma. Those charged with second degree rape or any other sex offense in the state should contact a qualified Oklahoma criminal defense lawyer for the strongest possible sex crime defense.
Mayor of Oklahoma Town Charged with Child Sex Abuse
The mayor of a small town in the eastern part of the state finds himself in need of an Oklahoma sex crime defense lawyer after being formally charged with the molestation of a toddler in 2009. Delbert Starr, Jr., 61, who became mayor of Haileyville, Oklahoma, about two months ago, was charged last week in Pittsburg County District Court with sexual abuse of a child under 12.
The accusation of Oklahoma child sexual abuse arose after two child welfare workers visited Starr's home to check on a 3-year-old boy in November 2009. The child welfare agents allege they witnessed Starr molesting the child, saying the adult was masturbating while the child sat on his lap. The workers told authorities that Starr claimed he and the child had just bathed together, but Starr later denied that allegation, telling a sheriff's department investigator that he had bathed the child before child welfare workers arrived, but that he had not showered with the child. An affidavit reports that the alleged victim told a child a child abuse specialist at the Pittsburg County Child Advocacy Center that Starr had "hurt" him.
Starr, a retired firefighter with the Tulsa Police Department, has denied all allegations of child molestation.
When local media questioned Assistant District Attorney Wesley Cherry about why it took nearly 16 months after the allegations to formally charge Starr with Oklahoma child molestation, he offered no explanation, replying, "It's an ongoing case, and I can't say more than what's been filed in court."
Oklahoma sex crime lawyers understand that the interviewing and questioning of alleged victims of child sexual abuse must be conducted carefully. Child victims may be easily influenced by persuasive questioning techniques. Though child advocates have traditionally held that children do not lie about sex abuse, recent cases have confirmed that the testimony of children is not always accurate. Older children may lie for revenge; very young children may become confused or may answer in a way that they think will please investigators, rather than truthfully. Those accused of sex crimes are often presumed to be guilty; therefore, in order to protect one's rights, it is imperative that anyone accused of or charged with child molestation contact an experienced sex crime defense lawyer in Oklahoma.
Oklahoma Doctor Acquitted in Son’s Fatal Stabbing
In homicide cases, an Oklahoma criminal lawyer has several options for defense, including an "affirmative defense." In a murder case, an affirmative defense means the defendant admits to the killing, but is not guilty of a crime, either through self defense or an insanity defense. Perhaps the most controversial of all defense strategies is the insanity defense. In making an insanity plea, the defense attempts to show that the defendant was insane at the time of the killing, and that he or she did not know right from wrong and did not understand the consequences of the actions. The insanity defense is seldom used, and even more seldom used successfully.
In Oklahoma City last week, however, a judge ruled that Dr. Stephen Wolf, who attacked and killed his 9-year-old son at the family home in Nichols Hills, was not guilty by reason of insanity.
Wolf's Oklahoma City defense attorney had his client evaluated by University of Oklahoma psychiatrist David H. Tiller, who found that Dr. Wolf was delusional at the time of his son's killing. Tiller reported that Wolf thought he was the devil, and therefore his son Tommy was the son of the devil. According to the psychiatrist for the defense, Wolf believed at the time of the killing that "being the son of the devil is the worst evil there is and he had to release his son from that evil." On a recording of a 911 call made by Wolf's wife Mary, Wolf is heard saying, "Mary, he's the devil." A police affidavit states that Wolf repeatedly told the officer who broke up the attack, "He's got the devil in him and you know it."
Under Oklahoma law, the prosecution has the burden to prove a defendant is sane when the insanity defense is lodged. In Dr. Wolf's trial, however, the psychiatrist brought in by the prosecution concurred that Wolf was insane when he stabbed his son to death and attacked his wife when she tried to intervene. Psychiatrists for both the defense and the prosecution noted Wolf's continued attempts to attack his son even after being restrained by police. They found that this persistence demonstrated his inability to understand that his actions were wrong.
Oklahoma County District Judge Don Deason is sending Dr. Stephen Wolf to a state mental hospital. He cannot be released without the judge's approval, and may spend the rest of his life at the facility.
The insanity defense is a complicated and controversial defense strategy. State laws vary in regard to the rule that governs a determination of insanity, on whom the burden of proof is placed, and conviction versus acquittal options when the insanity defense is employed.
Recent insanity defense cases in Oklahoma include:
- Morgan E. Cline, 20, Mustang - convicted May 25, 2011 of shooting his father in bed in 2009. His Oklahoma violent crimes lawyer plans an appeal.
- Kassie Lakei Bills, 29, Oklahoma City - convicted in 2009 of the 2007 shooting death of a friend, Shequiea Thompson, 24. Her conviction was overturned on appeal in early May, and a new trial has been ordered.
- Eric Knox, 28, Oklahoma City - accused of killing his pregnant girlfriend in 2009. A judge granted a continuance in September 2010 to give his criminal defense attorney time to seek another psychiatric evaluation.
The insanity defense is only used in about 1% of homicide cases, and it is successful in only about 25% of those cases. Of the cases in which the insanity defense was successfully employed, 90% of the defendants had a previously diagnosed mental illness.
Use of Deceased Parents’ Credit Card Leads to Fraud Arrest
An local woman finds herself in need of an Oklahoma fraud lawyer after being arrested on 21 felony complaints of credit card fraud. Julie H. Frias, 52, is accused using her deceased parents' credit card beginning less than four months after her mother's death. She is accused of running up more than $53,000 in charges in less than one year with the fraudulent use of the credit card.
According to Edmond police, Frias reported that a former employee of her home-based business had stolen checks from the residence. During an investigation, a witness reported that she had seen Frias use a credit card that did not belong to her, but rather to her deceased father, Sam W. Hunsaker. After pursuing the tip further, investigators determined that Frias had not notified the credit card company, Citi, of her parents' deaths, and in fact, requested replacement cards for one she claimed was lost. The "lost" card was discovered in her purse when she was booked into jail, along with another Citi card she also told authorities was lost.
Frias's Oklahoma credit card fraud charges result from numerous unauthorized transactions in Oklahoma and abroad. Some charges made to the deceased Mr. Hunsaker's card include:
- $2,500 to Superior Cuts in Oklahoma City, which Frias said was a business loan to her mother-in-law
- $978 for Oklahoma State University football season tickets
- $1,664 to the "OSU Posse" to support OSU student-athletes
- More than $38,000 to Frias & Sons LLC, a real estate and marketing business run from the Frias home
- Multiple smaller transactions throughout Oklahoma City, Texas, Nevada, Mexico, and Europe
Julie Frias told police that the money charged to her company was "earnest money" for real estate transactions in Oklahoma City. Frias said she used the card because of its high credit limit and frequent flier miles. The credit card, which had zero balance in April 2010 had a balance of $53,152.18 by February 2011.
Julie Frias is not the only Frias to face felony criminal charges. According to Edmond police, her husband, Domingo Frias, 30, is facing an Oklahoma felony assault charge of assault with a deadly weapon after threatening to cut off another man's finger. Domingo Frias has fled to Mexico.
Child Porn Found During OKC Computer Repair
A man attempting to have viruses removed from his computer will now be seeking an Oklahoma sex crime defense lawyer after employees at an Oklahoma City Best Buy found child pornography on his laptop.
Carl Dean Hudson, 42, of Oklahoma City, was arrested last week after computer repair technicians discovered nude images of minor boys on a computer he brought to the chain electronics store for repair. Employees notified police, who then interviewed and arrested Hudson at a Bricktown restaurant where he was employed.
As of this writing, Hudson has not yet been charged, but was arrested on an Oklahoma child pornography complaint and an Oklahoma computer sex crimes complaint. Specifically, Hudson was arrested for possession of child pornography and use of a computer to violate a state statute.
After his arrest, Hudson was booked into the Oklahoma County Jail, and was released on bail the following day.
According to a criminal background check, the Oklahoma City man has no significant prior criminal history, neither in Oklahoma or Georgia, where he lived prior to moving to Oklahoma six months ago.
Though Hudson was arrested on a complaint of using a computer to violate a state statute, child pornography is an Oklahoma sex crime which may also be prosecuted as a Federal sex crime, rather than simply a state offense.
Under Oklahoma law, possession of child pornography is punishable by up to five years in prison and a $5,000 fine. However, if the individual is charged with aggravated possession of child pornography (possessing one hundred or more images), he or she is subject to up to twenty years in prison and a $10,000 fine. Those convicted of child pornography charges are required to comply with the Oklahoma Sex Offender Registration Act.
The consequences of possession of child pornography in Oklahoma are severe. If you or a loved one is being investigated for child pornography charges, or has already been arrested on an Oklahoma child pornography complaint, contact an Oklahoma City sex crime defense attorney who is experienced as not only a defender against state charges, but also as a Federal sex crime defense attorney. A criminal defense lawyer who can handle your case whether it is prosecuted locally or Federally will provide complete legal defense regardless of the circumstances of your prosecution.