In no certain order, here are a few of the Top Oklahoma Crime Stories of 2011:

• The Jerome Ersland Murder Trial - Pharmacist Jerome Ersland was charged with homicide and convicted for the murder of Antwun "Speedy" Parker, a 16-year-old attempting to rob the Reliable Discount Pharmacy.  Ersland was charged after prosecutors say that his actions went beyond self defense, claiming he shot the robber five additional times after the teenager was incapacitated.  Ersland's trial was fraught with confusion and complications before he was eventually convicted this year and sentenced to life in prison.  Ersland's Oklahoma City defense lawyer is appealing the conviction.
• The Maiming of Officer Chad Peery - Off-duty Oklahoma City police officer Chad Peery was at a local bar and grill when he was asked by bartenders to help with some unruly customers.  As Peery was escorting the men from the premises, he was severely beaten, causing paralyzing injury.  Joshua Rinken, Jimmy Smith, and Cadmio Lopez were charged with assault and battery by means of force as is likely to cause death, an offense whose punishment carries a sentence of up to life in prison.  Rinken and Smith are accused of physically injuring Peery, while Lopez is accused of preventing others from intervening on the officer's behalf.  Though his Oklahoma City assault lawyer asserted  that Lopez was innocent of any wrongdoing, Lopez pleaded guilty in November.  He will be sentenced in January.  Rinken and Smith are scheduled to stand trial early in 2012.
• Arrest in the Murder of "The Weleetka Girls" - The 2008 murders of 11-year-old Skyla Whitaker and 13-year-old Taylor Placker in Weleetka, Oklahoma, seemed in danger of remaining unsolved until another murder this year uncovered evidence tying the suspect to the Weleetka murders.  When Kevin Sweat was arrested for the murder of his fiancee Ashley Sweat, an investigation found shell casings and a receipt for a gun that connected him to the killings in Weleetka.  Sweat allegedly admitted to killing the girls, but on December 13, he remained silent at a hearing, causing the judge to enter a not guilty plea on his behalf.  Because of the high-profile nature of the case, Sweat's Oklahoma defense attorneys have asked the judge to issue a gag order.  A ruling on the gag order will be made January 3.
• Serenity Deal Murder and the Ongoing DHS Scandals - Five-year-old Serenity Deal was beaten to death less than a month after being placed in the custody of her father, despite earlier evidence of severe abuse.  Her father, Sean Brooks of Oklahoma City, pleaded guilty to first-degree murder and was sentenced to life in prison.  Brooks will not be eligible for parole until he is 70 years old.  He waived his right to appeal.  Serenity's death is the latest in a string of child abuse deaths, beginning with the killing of 2-year-old Kelsey Smith-Briggs in 2005, that have demonstrated questionable judgment by DHS authorities and have launched a call for strong DHS reform.
• Carina Saunders Murder - The Saunders murder case first came to Oklahoma headlines when a dismembered body was found in a duffel bag in a field beside a Bethany Homeland store.  The body was later identified as 19-year-old Carina Saunders, who had been missing for several days.  A botched drug deal led to the arrest of Jimmy Lee Massey, who, through police interviews, was determined to have had a role in Saunders death.  Allegedly, Massey kidnapped a young woman and took her to a room where she was forced to watch as Saunders was tortured.  She was made to believe that the same thing would happen to her if she did not cooperate with a human trafficking operation.  Police have also arrested Francisco Gomez on drug charges, and believe he has crucial information about Carina Saunders's death.  Investigators believe that these arrests will lead to many more in connection with a sweeping drug trafficking and human trafficking scheme.

Though these are certainly not all of the major crime stories of the year, they are a few that have gripped media attention across Oklahoma.  As 2011 winds to its end, we reflect on some of the leading news of the year and hope for a peaceful and prosperous 2012.

Last Friday morning, 40-year-old Ava King was found bleeding in an alley.  She was taken to a hospital where she succumbed to her injuries shortly thereafter.  Later that day, Benjamin Joel Andre Littlesun, 22, was arrested in connection with her death.  According to court records, Littlesun told investigators that he met King at a bar and that they went to his truck to continue drinking.  He claims that after a sexual encounter, King left the pickup and went into an alley.  Littlesun says he followed the woman to offer her a ride home, but she spit in his face and slapped him.  The man admitted to authorities that he severely beat King, stomping her and kicking her in the face and head at least 20 times.

In an unrelated incident, an Altus woman is in critical condition with severe injuries to her face and head after allegedly being beaten by her husband.  Sandy George, 43, was taken to OU Medical Center with injuries including a broken jaw and fractured skull.  Her husband, Jerry Blaine George, also 43, was arrested and jailed on $250,000 bond.

Oklahoma domestic violence may be charged as either a misdemeanor or felony, with legal penalties including up to four years in prison and a $5,000 fine.  Penalties may be enhanced if the victim is pregnant at the time of assault or if the assault is conducted in the presence of children.  Additional criminal charges may be filed depending on the severity of the crime.  For example, if the victim dies of her injuries, the perpetrator will be charged with homicide.

In an effort to minimize Oklahoma's dubious distinction of being one of the top states for domestic violence and violence against women, district attorneys vigorously prosecute these crimes.  For those accused, finding an experienced Oklahoma domestic violence lawyer should be top priority.  A criminal defense attorney is the first step in protecting one's rights, including the right to avoid unreasonable search and seizure and the right to a fair trial.  For more information, contact the Oklahoma City violent crime lawyers at Phillips & Bailey.

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.

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.

Smith was sentenced to 27 years in prison for enabling child abuse in Oklahoma.  In the case, Smith and Kelsey's stepfather Michael Lee Porter each blamed the other for the abuse that ended Kelsey's life.  Neither was found guilty of the homicide, but both were convicted of enabling child abuse.  Porter was charged with Kelsey's murder but pleaded guilty to the reduced charge of enabling abuse.  He is serving a 30-year sentence.

The Oklahoma domestic violence lawyer for Raye Dawn Smith says he is preparing to appeal her case in federal court.  Smith and her attorney argue that juror misconduct led to her wrongful conviction.   Smith's defense attorney provided witness statements alleging that a juror discussed the case with them and admitted to watching media reports about the case and visiting a website dedicated to the memory of the young victim.  Smith and her criminal lawyer say that this juror's defiance of court orders to avoid media coverage of the case and her viewing of such information biased her opinion and tainted the verdict of the case.

Anyone accused of a crime in Oklahoma is entitled to a fair and impartial trial.  If this impartiality jeopardized by a juror's failure to comply with the mandates of the course, the verdict in the case may not be fair.  The right to appeal an unjust conviction is granted by the Constitution of the United States.

On December 14, Rexford Earl Hilburn, 71, of Shawnee, allegedly stabbed his wife fourteen to twenty times in the bathroom of their home after accusing her of having an affair.  Linda Carol Hilburn, 67, was able to call emergency officers for help. When police arrived, they found Rexford Hilburn standing alone in the back of a room.

The Hilburns' family members say the attack is completely out of character for Mr. Hilburn, with his son-in-law calling him "the kindest man I've ever known."  The couple's granddaughter says that her grandfather began having "severe emotional issues" this summer, including mood swings, stuttering, and "[making] stories up."  While he physicians had not yet found a diagnosis for Rexford Hilburn, he was on medication, and family members say he changed medication just before the attack.

Rexford Hilburn has no history of Oklahoma domestic violence, and in fact, has no criminal record at all.  His Oklahoma criminal lawyer will likely be able to use Hilburn's medical history in conjunction with the lack of criminal record to build a defense.  Further showing that the assault was out of character and unexpected is Mrs. Hilburn's reaction to her husband's actions.  Even while hospitalized prior to her death, she was concerned for her husband's well-being, concerned about his safety in jail and wanting to make sure that he had his medication.

Pottawatomie County District Attorney Richard Smotherman says that "justice demands" a first degree murder charge for Rexford Hilburn, "regardless of the circumstances."

The arrest came after Hunter Warner, just shy of four months old, was found dead in a bassinet by his father.  Later, his mother, Janette Mickelboro admitted to authorities that she had tied a receiving blanket around the baby's head in order to hold his pacifier in place before putting him in a bouncy seat and leaving the room.  She says that when she returned to check on her son "several hours later," she found him "stiff and cold."  Rather than contacting authorities or seeking emergency medical care for her son, she admits, Mickelboro placed her son's body in a bassinet and left for work, leaving the dead infant for her partner, the boy's father, to find.

In order for someone to be found guilty of first degree murder, prosecutors must prove that the person killed someone else "with malice aforethought."  This means that the killing was intentional and premeditated, or that it was committed recklessly with extreme disregard for human life.

Tulsa County Special Judge Allen Klein ruled that, in the Mickelboro case, prosecutors presented insufficent evidence for a first degree murder trial.  The autopsy report in Hunter Warner's death listed the cause of death as unknown, and a report of the findings states that “no specific findings were noted at autopsy that are specific or conclusive for suffocation.”  However, at Mickelboro's preliminary hearing, the medical examiner in the case testified that an airway obstruction causing suffocation was more likely than not the cause of the infant's death.

Furthermore, several witnesses claim that they had seen previously seen Mickelboro wrap a blanket around her baby's head to hold a pacifier in place, and that they had warned her that it was a dangerous practice, cautioning her against further such action.  Prosecutor's contend that Mickelboro's knowledge of the dangers associated with wrapping an infant's head in a blanket makes her actions negligent, reckless, and abusive to the point of becoming first degree murder.

Mickelboro's Oklahoma criminal defense attorney calls the baby's death "an unfortunate and tragic accident," and asserts that his client is not guilty of either first degree murder or Oklahoma domestic abuse.  Rather, Mickelboro was a young, uninformed mother who did  not understand the consequences her actions could have.

If the judge's ruling is upheld at the January appeal hearing, first degree murder charges against Mickelboro will likely be dismissed.