Trial Delayed in Oklahoma Death Penalty Case
The trial for accused first degree murderer Joshua Durcho was originally scheduled to begin on September 13, 2010. However, after his court-appointed Oklahoma criminal defense lawyers withdrew from the case citing conflict of interest, a judge agreed to delay the trial. The delay comes in an effort to allow the defendant's new attorneys to review the case. With only a month between taking the case and the scheduled start of the trial, Durcho's new Oklahoma defense team would not have enough time to adequately prepare for a murder trial. Durcho, like every other American citizen, is entitled to a fair trial. Adequate defense is part of that right.
Joshua Durcho is charged with five counts of first degree murder in the strangling deaths of his girlfriend, Summer Rust, 25, and her four children: Kirsten and Autumn Rust, each 7 years old; Teagin Rust, 4; and Evynn Garas, 3. He faces the death penalty if convicted.
While reports do not identify the conflict of interest in which Durcho's original attorneys were involved, conflict of interest within the Oklahoma County Bar Association’s Legal Aid Committee are fairly common. Sometimes, a Legal Aid attorney will represent a client in one issue and will later be called to represent the client in a different matter. If the first case provided privileged information that could impact the outcome of the second case, a conflict of interest arises. This happens so frequently that the OCBA Legal Aid Committee established a "conflicts panel" to try to resolve such issues and refer clients to a pro bono attorney.
Durcho's original Oklahoma defense lawyers are a part of the Oklahoma Indigent Defense System.
Pharmacist’s Defense Seeks Dismissal of Oklahoma Murder Charges
Oklahoma City defense attorneys are seeking the dismissal of the first degree murder charge against pharmacist Jerome Ersland who shot and killed an attempted robber at an Oklahoma City pharmacy. The defense asserts that a new opinion by an Oklahoma state pathologist provides evidence that Ersland's killing of the robber was in self-defense.
The case began on May 19, 2009, when Ersland shot a masked robber inside a south Oklahoma City pharmacy. Ersland shot the intruder in the head and then fired five more times into the assailants body. The robber was 16 years old. Prosecutors filed the first degree murder charge in Oklahoma County after surveillance video showed that the first shot hit the would-be robber, Antwun Parker, in the head. They allege that the first shot incapacitated Parker, and that Ersland was wrong to continue to fire the lethal shots.
According to Dr. Collie M. Trant, the chief medical examiner at the time of the killing, the first shot was non-fatal. However, Trant was fired earlier this year, and Dr. Chai Choi was asked to review the case in order to testify. According to Ersland's Oklahoma criminal defense team, Dr. Choi's medical opinion conflicts with Dr. Trant's, meaning that the first shot was indeed fatal, and that the killing of Antwun Parker by Jerome Ersland was justifiable homicide. Ersland's defense lawyers met with Dr. Choi and told the judge that "she believes Dr. Trant was incorrect in his finding that the first shot was nonfatal and that she would have never classified the first wound as a nonfatal gunshot wound. Dr. Choi also said that she had consulted with some of her colleagues at the medical examiner's office and their opinion was also that the first gunshot was not nonfatal."
While the defense argues that a fatal first shot means that Ersland cannot be found guilty of murder for the remaining five shots, the prosecution maintains that the case is still valid. The Oklahoma District Attorney contends, "Ultimately, Antwun Parker's heart was beating, he was breathing and he was alive when Jerome Ersland pumped the five additional rounds in his chest." Prosecutors argue that the defense's motion to dismiss is based on semantics rather than a truly new medical opinion.
An Oklahoma County judge is expected to consider the request for dismissal of the murder charge at a hearing later this month.
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.
Murder Charge Filed in DUI Death of Oklahoma Singer
A 22-year old Norman man has been charged with second-degree murder and related charges after an Oklahoma City DUI accident in April claimed the life of jazz vocalist Ashlee Madison. Justin T. Hill, 22, was charged with second degree murder, leaving the scene of a personal injury accident, and causing a personal injury accident while under the influence of intoxicating liquor. His Oklahoma defense attorney had no public comment regarding the charges.
The fatal accident occurred in the early hours of April 17, 2010. Justin Hill was allegedly driving the wrong way on Interstate 235, heading south in the northbound lanes near the I-35 and I-40 junction, when he struck a car in which Madison was a passenger. Madison, a University of Oklahoma student and mother to an 18-month old child, was returning home from a jazz performance at the time of the accident.
After the head-on collision, Hill continued driving until lost control of his vehicle and rolled it. According to court affidavits, Hill's blood alcohol content after the accidents was .22, nearly three times the legal limit of .08.
Second degree murder in Oklahoma occurs when a death is the result of "an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual." This means that, while the perpetrator did not plan the death of another person, he or she engaged in dangerous activities without regard for the lives of others. In Oklahoma, a second degree murder conviction can lead to a sentence of ten years to life in prison.
Those arrested or charged with DUI need to consult an Oklahoma City DUI defense lawyer as soon as possible to help understand their options for protecting their rights. If one is suspected of DUI in an accident resulting in the injury or death of another person, the consequences become much more severe. An experienced criminal defense attorney in Oklahoma has the knowledge to help the accused fight unjust charges and maintain his or her legal rights.
Oklahoma Couple Charged with Fraud for Collecting Welfare on Missing Son
An Oklahoma couple has been charged with fraud after officials discovered that they were collecting welfare payments on their adopted son, who has been missing for more than 10 years.
Doug and Valerie Herrman were arrested and charged with theft. They are accused of accepting $52,800 in welfare payments to which they were not entitled. Their adopted son, Adam Herrman, vanished in 1999, but the Herrmans never reported him missing. Authorities did not even become aware of Adam's disappearance until 2008, when his adoptive sister notified authorities. Doug and Valerie Herrman maintain their son, 11 years old at the time, ran away after his mother hit him with a belt. They are considered "persons of interest" in his disappearance.
Meanwhile, the Herrman's continued to accept government assistance for Adam's care for more than ten years after he was last seen. The Herrmans falsely claimed Adam as a dependent on their tax returns, continued to collect adoption subsidies after his disappearance, and failed to notify authorities that the child was no longer living in their home. Additionally, neighbors say that the Herrmans collected money from the state after a report determined that Adam had special needs. At this time, the Herrmans do not face fraud charges in Oklahoma. Doug and Valerie Herrman are charged in a neighboring state and are not defended by Oklahoma criminal defense lawyers, but by lawyers in their home state.
The Herrmans' attorneys claim that their clients deny any wrongdoing. The criminal defense lawyers for Valerie Herrman say that both Herrmans intend to plead not guilty to the charges and to "vigorously seek the dismissal" of fraud charges.
In the meantime, police continue to investigate Adam Herrman's disappearance. Prosecutors hope to have homicide charges filed by the end of the year. Authorities searched the mobile home park where the Hermanns were living when Adam was last seen, but no body has been discovered.
Doug Herrman's criminal defense lawyer would not comment on the disappearance, saying he would focus only on the current charges.
Plea Agreement Frees Man Twice Sentenced to Death Row in Oklahoma
Twice convicted of murder, twice sentenced to death row, and twice having his convictions overturned on appeal because of inadequate counsel, James T. Fisher, Jr., was ordered freed last week when prosecutors decided to accept a plea deal rather than to attempt a third trial.
The former death row inmate was convicted of first-degree murder in the 1982 killing of Terry Gene Neal in Oklahoma City. Neal was killed after his attacker stabbed him in the throat with a broken bottle, and stole his car and television. There was no forensic evidence to tie Fisher to the crime, and the prosecution largely relied on the testimony of witness Fadjo Johnson, who was originally charged with Neal's murder. Johnson said that he and Fisher met Neal in an Oklahoma City area known for homosexual prostitution. The witness claimed that Fisher killed Neal after having sex with him.
Despite such shaky evidence, Fisher was convicted of first degree murder in 1983 and sentenced to death. However, he appealed the decision saying that his Oklahoma defense attorney inadequately defended him against the charges. At Fisher's appeal, the attorney who represented him in the first trial admitted that he let his personal feelings about homosexuality interfere with his work. An appeals court ruled that the defense lawyer was "grossly inept" and that he "sabotaged his client's defense." The murder conviction was overturned.
In 2005, history seemed to repeat itself at Fisher's retrial. He was again convicted of Neal's murder and again sentenced to death. Just as before, he appealed the conviction on grounds of inadequate counsel. His Oklahoma City defense lawyer for the second trial admitted that he was in the midst of substance abuse problems during the retrial, and that he was unable to properly defend his client.
After two convictions overturned on appeal, prosecutors were faced with the dilemma of trying Fisher a third time--this time with evidence that was nearly 28 years old. Rather than attempting a third trial, prosecutors accepted a plea agreement negotiated with Fisher's current Oklahoma criminal attorney. As part of the deal, Fisher pleaded guilty to first degree murder and was sentenced to life with the possibility of parole. He was given credit for time served, 27 years, and the rest of his sentence was suspended. As a result of the agreement, Fisher will be released from prison into an intensive reintigration program in another state, which is designed to help Fisher transition back into society. Fisher's current defense attorney says that the program usually takes six months to three years to complete.
As a stipulation of his plea agreement and subsequent release, Fisher is order never to set foot in Oklahoma again.
Oklahoma Expungement Hearing Postponed for Man Implicated in Triple Homicide
The expungement hearing for a man charged in a 1996 triple shooting has been delayed after his Oklahoma expungement attorney asked for a postponement to give her adequate time to respond to objections from the the Oklahoma County district attorney's office and the OSBI. A new hearing date has not yet been set.
Tybream Demont Rogers petitioned the court to expunge his criminal record of three first degree murder charges stemming from his alleged involvement in a shoot-out that left three people dead. Rogers was never accused of being the shooter, but he was charged in connection with the fatal shooting. His murder trial ended in mistrial after his Oklahoma City criminal defense lawyer raised allegations of sexual misconduct against an arresting officer. An appellate court ruled that retrying Rogers would amount to double jeopardy; therefore, a retrial would be unconstitutional.
In Rogers's Oklahoma expungement petition, he claims that the charges against him have hindered him from finding a job. He asserts that it is unjust that charges of which he was never convicted are preventing him from finding gainful employment. Those arguing against an expungement of Rogers's record say that an expungement is not warranted because the case against Rogers was never dismissed, and he was never convicted or acquitted of the crime.
Expungement law in Oklahoma has specific guidelines for the sealing of non-conviction information. Title 22 Section 18 and Title 22 991(c) of the Oklahoma Statutes describe the methods of obtaining the different types of expungement under Oklahoma law. For someone wishing to clear or purge his or her record, an experienced Oklahoma expungement lawyer can help determine the type of expungement for which he or she is eligible and will help petition the court to seal or purge the client's record of arrests, criminal charges, and convictions.
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.