Judge Rules Against Infant Murder Trial; Prosecutors Appeal
Janette Mickelboro, 23, was arrested September 15, 2010, for the death of her infant son on August 20. She has remained jailed on $250,000 bond since her arrest on a first degree murder complaint. However, a Tulsa County judge ruled recently that there was not enough evidence to order a first degree murder trial for the young mother, a decision which prosecutors have appealed. A hearing in the appeal has been set for January 15, 2011.
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.
Oklahoma Domestic Violence Conviction Leads to Suicide
Two cases of Oklahoma domestic violence made local headlines last week. In one case, a man killed himself after being convicted in Ottawa County District Court of child abuse. In the second, an Oklahoma City mother pleaded guilty to multiple counts of child abuse and child neglect, bringing closure to a case of child abuse so extreme it attracted national attention in 2009.
Christopher William Good, 24, was convicted of Oklahoma child abuse last Friday after a jury deliberated for four hours. Good was not present when the verdict was delivered and an Ottawa County judge sentenced him to eleven years in prison and issued a warrant for his arrest. Instead, Good was at his mother's home, talking with his Oklahoma criminal defense lawyer, who was trying to convince him to turn himself in to authorities. Later, sheriff's deputies and firefighters responding to an emergency call found Good dead of an apparent self-inflicted gunshot wound to the head.
Good's conviction was the result of a 2006 incident in which he was accused of severely beating his then-girlfriend's 15-month-old daughter. The girl, now five years old, had cigarette burns, a broken wrist, and fractured skull, and authorities said she was "bruised from the top of her head to the bottom of her feet." The girl suffered brain damage as a result of the abuse, and now lives with her father. Her mother, Elizabeth Dawn Crafton, 25, was sentenced in 2007 to twenty years in prison for enabling child abuse.
Also gaining media attention last week was LaRhonda Marie McCall, 38, who pleaded guilty to thirty-three counts of child abuse and three counts of child neglect in the culmination of a case of child abuse so severe it made national headlines. In 2009, 15-year-old Bernell McCall (now 16), ran away from home and told police he spent most of his time locked in a closet. The teen told police of several horrifying incidents of domestic abuse in Oklahoma City at the hands of his mother and an accomplice, Steve V. Hamilton, 40.
LaRhonda McCall admitted to locking the boy in a closet for extended periods of time and to hitting him with boards, cables, and extension cords. She also said she cut her son with a knife, restrained him with duct tape, made him stand in snow and ice, set fire to him, choked him, and restrained him and poured sugar over him so that insects would bite him.
McCall and Hamilton, who pleaded guilty Nov. 24, face sentencing on January 20, 2011. It is likely that McCall will receive multiple life sentences.
Life Sentence for Woman Convicted in OKC Child Abuse Death
In return for her guilty plea, a woman charged with Oklahoma domestic abuse in the death of her adopted son will be sentenced to life in prison. Alibra R. Nichols, 33, was charged with child neglect, child abuse, enabling child abuse, and enabling child neglect for her role in the death of 3-year-old Larandon Nichols. She admitted that she hit the toddler with shoes, clothes hangers, switches, and a plastic bat in the days leading up to his July 11 death.
Nichols's live-in boyfriend, Donald Ray Miller has also been charged with domestic violence in Oklahoma County, but has not reached a plea agreement with prosecutors. Miller waived a preliminary hearing.
An autopsy report from the State Medical Examiner's Office revealed that Larandon Nichols died of sepsis caused by multiple blunt force trauma. Sepsis, is a severe infection which occurs in untreated injuries or wounds. Emergency personnel who responded to Alibra Nichols's 911 call on July 11 found Larandon covered in bruises, scratches, and cuts. They said he appeared malnourished and emaciated. The toddler weighed only 18 pounds at the time of his death; by contrast, the average 3-year-old boy weighs 33 pounds. Eighteen pounds is the average weight of a 7 or 8 month old baby.
Alibra Nichols, whose weight is reported as 370 pounds, allegedly fell on top of the 18-pound Larandon a week before his death.
Although Landon's injuries and neglect were quite severe, and it appears that the abuse played a role in the boy's death, prosecutors declined to charge his adoptive mother and her boyfriend with murder. Prosecutors said that, in order to obtain a murder conviction, they would have to prove that the abuse was the cause of Larandon's death. Because he died of an infection, it has thus far been impossible to prove that the sepsis and Larandon's death were a direct result of the child abuse.
A neglect complaint was filed against Alibra Nichols in December 2007 that described her as "unresponsive" to Larandon's needs and that described the home as "cluttered," with diapers and clothing strewn about the backyard. DHS reports say an investigation revealed the home to be clean and uncluttered.
Mistrial Declared in Oklahoma City Domestic Abuse Case
An Oklahoma County domestic abuse case ended in mistrial last week due to juror misconduct. Juror Marvin Brown, Jr., 27, appeared to be under the influence of alcohol and possibly drugs when deputies picked him up at his home when he failed to appear in court. Brown, who had previously been an hour and a half late to court, was removed from the jury and arrested for contempt of court.
While most Oklahoma City domestic violence trials do not make headlines, the unique aspects of the trial brought media attention to the case. Richard B. Wise, 43, was charged with beating his girlfriend after she caught him having sex with another woman in the parking lot of a nightclub. The alleged victim, Gina Larsen, 36, told police and hospital personnel that Wise handcuffed, beat, and choked her on February 17. However, after he was charged with felony kidnapping, felony domestic abuse, and misdemeanor domestic abuse, Larsen recanted her story. She testified at trial that her injuries were the result of consensual "rough sex" that she and Wise enjoyed as a part of a sexual fetish. Larsen claimed that she and Wise were "master and slave" as part of the BDSM (bondage and discipline, dominance and submission and sadomasochism) lifestyle.
While Wise's Oklahoma domestic violence attorney and the alleged victim herself argue that Larsen's injuries were not the result of domestic abuse, prosecutors have determined to pursue the case, even after the mistrial.
Because the judge did not provide alternate jurors in the trial, the jury consisted of only eleven members after the removal of Marvin Brown, Jr. Wise was given the option of letting the remaining jurors decide the case, but he refused, resulting in a mistrial. The domestic abuse case is scheduled to be re-tried in February or April 2011. Wise is to remain in jail until his trial after the judge revoked bail because of Wise's misconduct during a break in testimony.
Man Charged with Oklahoma DUI Manslaughter Kills Himself
A man charged with first degree manslaughter in a fatal Oklahoma DUI accident that claimed the life of a 15-year-old girl died last week of a self-inflicted gunshot wound.
On Monday, September 27, Patrick Hughes was charged with first degree manslaughter and a warrant was issued for his arrest. He killed himself Thursday before he was ever taken into custody.
Hughes's manslaughter charge came after an August 20 crash that killed 15-year-old Sara Dietz and injured her 18-year-old sister, Misty Dietz. After the accident, Hughes was determined to have a blood alcohol concentration of 0.23, nearly three times the legal limit for DUI in Oklahoma. Additionally, authorities found that Hughes was under the influence of marijuana at the time of the collision.
In the incident, Patrick Hughes, 40, was attempting to pass a car driven by the older Dietz sister. When he saw an oncoming SUV, he attempted to swerve back into his lane, striking the Dietz vehicle and pushing it into the path of the SUV. Sara Dietz, a passenger in the car driven by her sister, died as a result of the collision, leading to Hughes's manslaughter charge in addition to charges of driving under the influence.
The Oklahoma DUI charge and first degree manslaughter charge were not the first in Hughes's criminal history. Patrick Hughes previously pleaded guilty to public intoxication and to transporting an open container of alcohol. Additionally, he has had four charges of Oklahoma domestic assault and battery.
If convicted of first degree manslaughter in Oklahoma, Hughes would have faced a minimum of four years in prison for the offense.
Charges Filed in Oklahoma Triple Homicide
An Oklahoma City man has been charged in the deaths of a mother and her two young children. Shaun Michael Bosse, 27, is accused of killing Katrina Griffin, her 8-year-old son, and her 6-year-old daughter at their home in Dibble on July 23, then setting fire to their home to destroy evidence. The Oklahoma Medical Examiner's office reports that Katrina Griffin and her son Christian died of stab wounds, and that Griffin's daughter, Chasity Hammer, died of injuries sustained in the fire.
Because of these violent crimes in Oklahoma, Bosse has been charged in McClain County District Court with three counts of first degree murder and one count of first degree arson.
The night before the bodies were found, Griffin called police to her home; Bosse was present and told police that he had been dating the woman for about two weeks. While an affidavit from the incident does not list the reason for the call, an investigating officer who interviewed Bosse after the bodies were discovered the next day noticed injuries to the suspect's arm and fist that were consistent with a hole found punched in the wall of the victims' home. The woman's call to police, the physical damage to her home, and Bosse's injuries seem to suggest Oklahoma domestic violence.
Bosse is also accused of theft after police discovered that he sold the victim's televisions and entertainment items at Oklahoma City metro area pawn shops after the killings.
The defendant's next court date for the Oklahoma murder charges has not yet been scheduled.
Evidentiary Hearing Scheduled in Appeal of Oklahoma Child Abuse Conviction
The death of Kelsey Smith-Briggs in 2005 incited public outrage, with child welfare advocates calling for legislative reform and the girl's father suing the state of Oklahoma for over half a million dollars. Over the last five years, the case has continued to be highly publicized even after the Oklahoma child abuse convictions of the girl's mother and stepfather, Raye Dawn Smith and Michael Lee Porter.
Despite Kelsey's repeated brutal injuries, DHS, who had removed the girl from her mother's home, later returned her to the abusive household. After Kelsey's death, her mother and stepfather each blamed the other for the abuse. While Porter was charged with first degree murder and child sex abuse in Oklahoma, he pleaded guilty to enabling child abuse. He was sentenced to 30 years in prison. Smith, Kelsey's mother, who was not charged with the girl's murder, was also convicted of enabling child abuse in Oklahoma and was sentenced to 27 years. Raye Dawn Smith is appealing the conviction.
The Oklahoma Court of Criminal Appeals has scheduled an evidentiary hearing for September 1. According to the court, witness statements in Smith's appeal "contain sufficient information to show at least a strong possibility that a juror received information outside of the courtroom." These witnesses report that a juror repeatedly told them about the case during the trial and that she admitted to watching media reports about the case and visiting internet sites dedicated to Kelsey's memory. Smith's Oklahoma domestic violence lawyer says that the trial was unjust due to juror misconduct, and that the juror's defiance of court orders to avoid media coverage of the story prejudiced the verdict.
In any trial, all participants are responsible for ensuring justice is upheld. This includes not only the Oklahoma defense attorneys, prosecutors, and judges, but the jurors as well. Under the justice system, all citizens have the right to a fair trial. Juror misconduct can destroy the possibility of a fair judgment.
Oklahoma Judge Rules Life Without Parole in Fatal Beating of Toddler
Oklahoma City criminal defense lawyers see all kinds of allegations and crimes during their careers. Among the most heartbreaking are crimes against children. Abuse against children, particularly at the hands of a caregiver, incites public outrage and is punished harshly in the criminal justice system.
An Oklahoma County judge last week exemplified that outrage when she sentenced Herman Marzelo Vail Bailon, 34, to life in prison without the possibility of parole in the 2008 beating death of his girlfriend's 2-year-old daughter. Bailon pleaded guilty to first-degree murder and asked for a 30-year term at his sentencing, but the judge ruled that the severity of the child's injuries warranted a harsher sentence. Judge Tammy Bass-LeSure said that a life sentence alone would have made Bailon eligible for parole when he was 70 years old; she felt that the attack was so violent that Bailon should never be released, and therefore sentenced him to life without parole. Bailon's Oklahoma City defense attorney requested that the judge consider Bailon's poverty-stricken upbringing in war-torn Guatemala in her decision, but she was unmoved.
At the time of the incident, Bailon was watching his girlfriend's two young children, aged 2 and 3, and his own infant son at an Oklahoma City motel while his girlfriend was at work. While she claimed to be working two jobs, Bailon's Oklahoma criminal lawyer alleges that there is evidence that she was actually seeing another man when she was supposedly at the second job. Frustrated at being left to care for the children and suspicious of his girlfriend's neglect, Bailon admits he took out his anger on the children. Bailon admitted to police that when the 2-year-old refused to eat lunch, he repeatedly slapped her before throwing her to the ground and kicking and stomping her. The girl died from head injuries sustained in the attack. Bailon said that, at the time of the abuse, he was in a rage and wasn't thinking; however, he admits that he abused the child at other times prior to her death.
The girl's mother, Elizabeth Nicole Guerrero, 29, is serving a 20-year sentence for permitting child abuse after admitting that she should not have left her children in Bailon's care, knowing he was a threat to them.
Prosecutors and criminal defense lawyers deal with horrifying crimes on a daily basis, but none is more gut-wrenching than the death of a child at the hands of an abusive caregiver. Both the prosecution and the defense bear the weighty responsibility of fighting to ensure that justice is served.
Woman Arrested in Midwest City Domestic Dispute Has Lengthy Arrest Record
People often have a stereotypical image of domestic abuse being violence against women; however, this is not always the case, as evidenced by last week's domestic assault arrest of a Nicoma Park woman in Midwest City. Kathleen Edith Dartez, 46, finds herself needing the services of an Oklahoma domestic violence defense attorney after she allegedly hit her ex-boyfriend with her truck outside his home.
Witnesses report that Dartez showed up at her ex-boyfriend's home at the Hilltop Trailer Park in Midwest City, where she crashed her pickup into a car and a motorcycle in his driveway. According to witness, her ex-boyfriend ran to her truck and yelled at her to stop. Instead, she rammed her truck into him, flipping him into the air before he landed on the ground, striking his head and knocking him unconscious. He was treated and released from Integris Baptist Medical Center.
Dartez was jailed on a complaint of domestic-related assault and battery with a dangerous weapon. Under Oklahoma law, the definition of a "dangerous weapon" is vague and can mean not only typical weapons such as guns and knives, but also any item a person may use to intentionally harm another--for example, a pickup truck. While Oklahoma domestic violence complaints may be charged as either misdemeanors or felonies, assault and battery with a dangerous weapon is a felony punishable by up to 10 years in prison on the first offense.
Dartez is no first-offender, however. She has prior Midwest City arrests for assault and drug possession, and she was convicted of DUI in Oklahoma County in 2006.
Oklahoma's domestic violence rates are among the highest in the nation. The Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) reports that 5,500 adults and 2.650 children received domestic violence services. They further report that intimate partner violence occurs in one out of every six couples in Oklahoma. Drugs and alcohol are often a factor in such violence: a 2000 report by the Oklahoma County Arrestee Drug Abuse Monitoring (ADAM) program found that 77 percent of men and 47 percent of women arrested on domestic violence charges tested positive for one or more drugs at the time of arrest. In fatal domestic violence cases, 60% of perpetrators were known to habitually use alcohol or drugs, and 45% of victims and 41% of perpetrators were intoxicated at the time of the homicide.
These statistics may be startling to many people, but the Oklahoma criminal defense attorneys who deal with these cases on a regular basis are not surprised by the numbers of cases or the correlation between domestic violence and drug and alcohol abuse.
Oklahoma City Man Arrested on Domestic Abuse and Gun Possession Complaints
Last week, Oklahoma City police responded to a domestic violence call in southwest Oklahoma City. The call alleged that a man hit his girlfriend's 3-year-old child in the head with the butt of a shotgun. When police arrived on the scene, however, they found that the child had no visible injuries. While they found no evidence of child abuse, police discovered the child's mother with marks on her neck and a bloody lip. Through the investigation, police determined that there had indeed been a domestic altercation between the suspect, Mario Flores, 23, and his girlfriend.
According to the complainant, Flores accused the woman of infidelity. He then allegedly armed himself with a shotgun, choking her with one hand and holding the gun in the other. She alleges Flores threatened to kill her, threw her to the floor, and kicked her.
Flores, a convicted felon, was ultimately arrested for domestic abuse by strangulation and possession of a firearm during the commission of a felony. Additionally, police determined that the shotgun Flores was carrying was stolen, and he faces additional charges of possession of a stolen firearm and possession of a firearm after former conviction of a felony.
If convicted of the crimes of which he has been accused, Flores faces significant jail time. Under Oklahoma law, domestic violence is a felony that carries a sentence of up to four years in prison and fines up to $5000. Possession of a firearm while in the commission of a felony carries a sentence of up to 10 years for the first offense and up to 30 years for the second offense. Possession of a firearm after former conviction of a felony also carries up to 10 years in prison.
Flores will need an experienced Oklahoma criminal lawyer to help him navigate the domestic violence and firearm possession charges that he will face. An experienced domestic abuse lawyer will look at the facts of the case and the credibility of the witness, noting the false allegation of child abuse that originally called police to the residence.