Oklahoma City Man Charged with Federal Internet Sex Crimes
Oklahoma City sex crime defense lawyers are handling more and more cases of internet sex crimes. Although internet sex crimes, such as sexting, child pornography, and soliciting minors online, are against Oklahoma law, they also violate federal law. As violations of United States criminal law, these offenses may be prosecuted in federal court, with the full force of governmental agencies like the Federal Bureau of Investigation (FBI) supporting the prosecution.
A former youth minister was charged in federal court in Oklahoma City with sexual exploitation of minors after he allegedly used a fake profile on Facebook to solicit nude photos. According to an FBI investigation, Daniel Leslie Mooneyham, 32, of Oklahoma City, created a fake Facebook profile posing as a woman and using the pseudonym "Terri Smith." Mooneyham is accused of sending nude photos of a woman to male friends of the fake profile in return for their own nude photos. The FBI says that Mooneyham's wife discovered her husband's scheme and reported it to the FBI. Investigators say the nude photos he received included those of minors. Allegedly, he solicited photos from one boy as young as 13; the boy apparently did not comply with the request.
FBI agent Douglas Settle said Mooneyham admitted several months ago to creating the false profile and an email account for the purpose of soliciting nude photographs of men and boys. He claims Mooneyham said he requested the pictures of minors out of "curiosity."
Mooneyham's Oklahoma City internet sex crime lawyer told the media that it is too early in the investigation to know whether the allegations against his client are valid or not.
The federal charges are not Mooneyham's first run-in with the law. In 2007, while he was youth minister of a Lexington, Oklahoma, church, Daniel Mooneyham was charged with embezzlement in Garvin County District Court. The following year, he was ordered to serve probation and pay restitution of $19,000. According to his wife, Mooneyham is still active in the church, working as a Sunday school teacher and interacting with youth.
Mooneyham's wife filed for an annulment of their marriage last week, saying that her husband committed fraud when he failed to disclose his sexual orientation prior to their marriage.
Both white collar crimes, like embezzlement, and internet sex crimes, like sexual exploitation of minors, are not only Oklahoma state crimes, but also United States federal crimes. Those charged with a federal offense in Oklahoma should look for an Oklahoma criminal lawyer with successful experience handling criminal defense in federal court.
Oklahoma Appeals Court Finds Ineffective Counsel
Every defendant in Oklahoma is guaranteed the right to counsel by an Oklahoma criminal defense lawyer; however, as two recently convicted men have discovered, it is critical to find the right attorney to handle your case. If a criminal defense attorney is not dedicated to fully investigating your case and building your defense, the outcome of the case may be less than ideal.
Last week, the Oklahoma Court of Criminal Appeals allowed Shawn Leroy Harger, 38, to withdraw his plea of guilt in a 2010 trial that led to his conviction of child abuse and a sentence of 20 years in prison. Harger, who was convicted of shaking his son, entered a blind guilty plea to the child abuse charge as part of a plea agreement that would yield a 20 year prison sentence. However, Harger filed an application with the state appellate court to withdraw the plea, saying that he had ineffective counsel for his case. According to the appeals court, Harger's Oklahoma criminal attorney offered no evidence during a hearing regarding his request to withdraw his plea. The Oklahoma Court of Criminal Appeals sided with Harger, finding that counsel was ineffective and allowing the defendant to withdraw his guilty plea.
The state appeals court also found evidence of ineffective counsel in the case of a man convicted of first-degree murder in 2009. Clinton Riley Potts, 36, was convicted of the 2004 murder of Gregory Leroy Clark. Potts and Clark had been friends, but Potts admitted to threatening to kill Clark for selling drugs to Potts's girlfriend. When Clark was murdered a month later, Potts was the key suspect based on his earlier threat, but he denied killing his one-time friend. According to his Oklahoma defense attorney, the case against Potts was based on circumstantial evidence.
In his appeal, Potts claimed that his attorney failed to adequately investigate his case and to challenge witness credibility. He furthermore asserted that prosecutors failed to provide information to his lawyer that a key witness received preferential treatment in exchange for testimony.
The Oklahoma Court of Criminal Appeals agreed, and the state attorney general's office did not challenge the findings. The appellate court has ordered a new trial for Clinton Riley Potts.
When finding a criminal lawyer in Oklahoma, it is important to look at several factors, including the attorney's record of success and his or her apparent commitment to your case. Thoroughly analyzing all the details of your case, including the evidence against you, evidence to support your innocence, witness credibility, and investigative procedures. A qualified Oklahoma criminal lawyer should explore every avenue for building the strongest defense.
Sex with Prison Inmate Nets Oklahoma Rape Charges for Nurses
Two contract nurses working at the Joseph Harp Correctional Center in Lexington have been charged with second degree rape of an inmate. According to a Department of Corrections investigation, nurses Kristina Marie Knutson, 30, of Pauls Valley, and Debra Joanne Harms, 48, of Noble, are accused of each having a sexual relationship with a prison inmate.
Prison spokesman Jerry Massie identifies the alleged victim as 33-year-old Craig Kruger, an inmate serving a life sentence for a first degree murder conviction. Kruger was incarcerated in the Joseph Harp Correctional Center from October 2007 through September 2010, but has since been transferred to the Dick Conner Correctional Center in Hominy.
According to a Cleveland County probable cause affidavit, Kruger admitted to sex with Knutson and Harms while he was an inmate at the Joseph Harp Correctional Center. Investigators say both Knutson and Harms admitted to several sexual encounters with Kruger in a treatment room at the Cleveland County facility. Knutson said her relationship with Kruger lasted from February 2010 until July 2010, and Harms said her relationship with the convicted murderer took place in July and August of that same year. Both Knutson and Harms are listed on Kruger's call log at the Dick Conner Correctional Center, and both women have allegedly written to him there, with letters mentioning their relationships.
Though all parties involved are adults, and the sexual encounters were apparently consensual, the two contract nurses have been charged with second degree rape under Oklahoma statutory rape laws. According to 21 O.S. § 1111, sexual intercourse is an act of rape in Oklahoma if the act is perpetrated by an employee or contractor of an agency in authority over the victim:
"Rape is an act of sexual intercourse . . . . Where the victim is under the legal custody or supervision of a state agency, a federal agency, a county, a municipality or a political subdivision and engages in sexual intercourse with a state, federal, county, municipal or political subdivision employee or an employee of a contractor of the state, the federal government, a county, a municipality or a political subdivision that exercises authority over the victim."
Because Kruger is incarcerated, he is legally unable to consent to sex with any employee or contractor of the prison, including the contract nurses.
Though the age of consent in Oklahoma is 16, state law makes it illegal for certain individuals to have sex with those over whom they have authority or supervisory capacity. One Oklahoma sex crime defense attorney is challenging the law after a Hennessey basketball coach was arrested for having sex with an 18 year old student. The lawyer asserts that the alleged victim has falsely accused his client, but contends that even if her allegations were true, she was 18 at the time she claims the encounters took place, and therefore should be considered a legally consenting adult.
Whether or not the authority clauses of the state's rape law are eventually overturned, statutory rape in Oklahoma is a strict liability offense, meaning that there are no mitigating circumstances. Sexual intercourse with those legally unable to consent, even if they think they can consent, is considered second degree rape.
Phillips & Bailey Unveils Personal Injury Website
The Oklahoma City law firm of Phillips & Bailey has launched a website for the firm's personal injury practice. The Oklahoma City Personal Injury Lawyer website focuses on personal injury topics and serves as a resource for Oklahoma accident victims.
The National Safety Council (NSC) estimates that more than 6 million Americans annually suffer debilitating injuries as a result of preventable accidents. When accident victims are injured as a result of the negligence or carelessness of another individual, business, or organization, they may be entitled to compensation for their injuries. A personal injury attorney can help hold accountable those whose irresponsibility or recklessness caused the injury.
The Oklahoma City personal injury lawyers with Phillips & Bailey handle personal injury litigation and tort claims for personal injury accidents and professional negligence:
- Medical Malpractice
- Auto Accidents
- Child Injury
- Defective Products
- Premise Liability
- Construction Site Accidents
Whether you were injured as a result of a slip and fall on poorly maintained property, a car accident caused by a distracted driver, or the medical negligence of a health care provider, an Oklahoma City personal injury attorney with the law firm of Phillips & Bailey can pursue your case to help you gain the financial compensation you deserve. Our accident attorneys and medical malpractice lawyers are dedicated to negotiating a fair settlement or litigating a favorable judgment to protect your recovery and your financial peace of mind.
3 Counts of Sex Crimes
The attorneys at the Law Office of Phillips and Bailey were successful in having 3 counts of sex crimes against our client dismissed this week. The charges included Rape 1, Lewd Acts and Forcible Sodomy.