2Feb/120
Oklahoma City Sex Crime Lawyers
The Oklahoma Criminal Defense blog has often discussed how a person accused of a crime is persecuted and vilified even before his or her case reaches trial and before any verdict is reached. This is particularly true in allegations of sex crimes. Oklahoma sex crime lawyers, however, are committed to defending the accused against any criminal charges. Their mission is to uphold the legal, constitutional rights of the accused--including the right to skilled legal counsel and the right to a fair trial. While prosecutors, police, and the general public may forget about the accused's basic rights in the heat of accusations of criminal sexual conduct, Oklahoma sex crimes attorneys are always aware that their clients are to be considered innocent unless and until their guilt is proven in a court of law.
What Cases Does an Oklahoma Sex Crime Lawyer Handle?
Oklahoma sex crimes range from sexual battery--which may include groping or non-consensual touching for sexual gratification--to first degree rape. Sex crime attorneys in Oklahoma provide legal representation and criminal defense for the following criminal charges:
- Computer Sex Crimes (online solicitation of minors, child pornography, sexting, and other internet sex crimes)
- Indecent or Lewd Proposals to a Minor
- Indecent or Lewd Acts with a Minor
- Indecent Exposure
- Sexual Battery
- Rape (first degree rape, second degree rape, statutory rape, rape by instrumentation, forcible sodomy, forcible oral sodomy)
Being accused of any of these state or federal sex crimes can lead to the ultimate destruction of one's personal relationships, professional reputation, livelihood, and lifestyle. For those convicted, prison sentences are often quite lengthy, with many Oklahoma sex crimes punishable by life in prison. Upon completion of any prison sentences, many individuals are required to register for ten years to life as an Oklahoma Sex Offender, a designation which significantly restricts one's freedoms.
How Do I Find a Sex Crime Defense Lawyer in Oklahoma City?
When looking for the right Oklahoma City sex crime lawyer to handle your defense, it is critical to find an attorney who is experienced at handling cases similar to yours. Consider whether a prospective criminal defense attorney has represented clients accused of sex crimes, and whether those cases went to trial. Evaluate the attorney's success record as a trial attorney.
Most Oklahoma City criminal defense attorneys offer a free consultation. At your initial evaluation, your prospective lawyer can gain meaningful insight into your case and begin to formulate your defense options, and you can assess your rapport with the attorney and your confidence in his or her ability to successfully handle your defense.
To schedule a free consultation with an experienced, successful Oklahoma City sex crimes lawyer, contact the law firm of Phillips and Bailey at (405) 607-1177.
19Jan/120
Ex-DHS Employee Charged with Oklahoma Sex Crime
A former employee with the Oklahoma Department of Human Services has been accused of an Oklahoma sex crime against a 15-year-old girl while he was still employed with DHS. The criminal charge is the latest in a string of allegations of misconduct and mismanagement among DHS employees and administrators.
A warrant has been issued for the arrest of Ronald J. Green II, 23, on a charge of forcible oral sodomy in Oklahoma. Green was a temporary social worker aide with the DHS office in Stillwater from May to October of 2012. He is accused of committing the crime in September 2010, when he was transporting a 15-year-old girl from Stillwater to a foster care placement in Tulsa. The alleged victim did not report the incident until late 2011, more than a year after the incident was alleged to have taken place. Stillwater police notified the OSBI in late December to oversee the case.
Under state sex crime statutes, Oklahoma forcible oral sodomy is defined as:
- Oral or anal sex with a person under the age of 16 by a person who is over the age of 18.
- Sodomy with a person who is legally unable to consent due to mental illness or unsoundness of mind
- Oral sex or anal intercourse perpetrated by force or through the threat of violence
At the time of the alleged incident, Green's accuser was 15 years old and Green himself was over the age of 18. Furthermore, Oklahoma sex crime law precludes an employee of a state agency from sexual involvement with anyone in state custody. Therefore, even if the Green's accuser was aged 16 or older, sexual activity between the two--consensual or not--would have been considered illegal.
Green's arrest comes on the heels of a settlement agreement to a federal class-action lawsuit accusing Oklahoma DHS of multiple abuses that jeopardize the safety of children.
It is important to remember, as always, that an accusation of a sex crime does not mean that the accused is guilty of any crime. Adults who work with children or teens are particularly susceptible to being falsely accused of a sex crime. Whether Green's accuser is coming forward as a result of abuse at the hands of an adult entrusted with her safety or whether she is making false allegations as a result of some ulterior motive remains to be seen. Unless or until Green is proven guilty of a sex crime against a minor, he should be considered innocent, just as in any other crime. Green--and anyone else accused of a sex offense in Oklahoma--would be wise to quickly hire an experienced Oklahoma sex crime defense lawyer to protect his rights.
29Dec/110
Top Oklahoma Crime Stories of 2011
As 2011 draws to a close, stories of the "top" items of the year seem to be everywhere: top celebrity news, top famous deaths, top movies, top news stories, and more. There are even lists describing the worst of the year. With the old year ending and the new year quickly approaching, Oklahoma criminal defense attorneys look back at some of the biggest crime news this year in the state. Unfortunately, it seems that many of the most heinous crimes took place at the end of the year. Though most crimes never make headlines, these are a few of the stories that captured public interest and remained leading stories for much of the year.
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.
22Dec/110
Two Men in Custody in Gruesome Murder in Bethany Oklahoma
The killing of 19-year-old Carina Saunders, whose dismembered body was found in a duffel bag behind a local grocery store, terrified citizens of a small Oklahoma City-area town and stumped investigators. Now two men arrested on drug complaints have been implicated in her death. Police believe that these arrests are the beginning of many to follow as they crack connected drug trafficking and prostitution rings. Being held in connection with Saunders's death are Jimmy Lee Massey, 33, and Francisco Gomez, 31. Both men were arrested on illegal drug trafficking complaints.
Carina Saunders name first made headlines when she was identified as the victim of a horrendous killing. She was reported missing to Oklahoma City police and had last been seen on October 8 or 9. On October 13, animal welfare workers managing a colony of feral cats in a field behind a Bethany Homeland store discovered a duffel bag containing human remains. Saunders was identified on October 17 using dental records.
Initially, two young men were considered persons of interest in the killing, but both were cleared. The first, Kyle Tweed was quickly cleared after he went to police to "clear his name." Cody Perez, 21, was suspected in connection with Saunders's death after family members mistakenly identified the victim as a girl he had brought home. Through a series of coincidences, Perez, a culinary arts student, built suspicion against himself as he sold his knives and left town the day after Saunders was last seen alive. Oklahoma City criminal defense lawyers note that circumstantial evidence means little, even when a person's guilt seems assured in media reports.
Eventually, there was a break in the case, which was being handled by the Bethany Police and the Oklahoma State Bureau of Investigation (OSBI) with support from the Federal Bureau of Investigation (FBI). Jimmy Massey was arrested after a bad drug deal, in which a man who sold methamphetamine to the suspect went to police in fear for his safety after Massey refused to pay $7,500 for the drugs. During the questioning of Massey, he admitted to having information about the Saunders murder, and a search warrant was obtained for a cell phone that had text messages related to the killing. Massey also implicated Francisco Gomez in the killing, and Gomez was arrested on complaints of drug trafficking and failure to pay child support.
It is not clear whether either man has hired an Oklahoma City criminal lawyer to represent him.
Massey's interview with police has revealed new information about the Saunders case, and an unnamed person has told authorities that she was a witness to the murder.
The witness told police that on October 9, she was forced into a car, blindfolded, and taken to an undisclosed location where she was forced to watch as Saunders was tortured and killed. She was told that the same thing would happen to her if she did not cooperate as demanded in a human trafficking operation. Massey admitted that he abducted the witness and took her to the murder scene.
Authorities believe that the arrests of Massey and Gomez are the first in a series of arrests they anticipate as they break open the drug and human trafficking rings in which the two men are suspected of being involved.
15Dec/110
University of Oklahoma Professor Accused of Child Sex Abuse
While much of the nation is focused on the Penn State University sex abuse scandal involving Jerry Sandusky, one of Oklahoma's top universities is also dealing with the indignity of child sex abuse allegations. University of Oklahoma associate professor Dwain Pellebon, 54, has been arrested on two complaints of rape and one complaint of lewd acts with a minor in Oklahoma.
Pellebon was booked into Cleveland County Jail on Friday and released on bail. He has not been charged with any criminal offense, but according to Norman police Captain Tom Easley, the professor is the subject of an ongoing investigation. Meanwhile, he has been placed on paid administrative leave by the University of Oklahoma, where he is an associate professor at the OU School of Social Work. According to OU spokeswoman Catherine Bishop, Pellebon's status could change to unpaid administrative leave, depending on the details of the investigation. Prior to being placed on administrative leave, Pellebon was on family and medical leave.
Details of Pellebon's alleged conduct have not been released.
It is important to remember, especially in sex abuse cases, that an accusation of child sexual abuse is not an indication of guilt. One may be accused, arrested, and even charged based on any number of false allegations or complaints. Oklahoma lewd acts defense attorneys work diligently to protect the rights of the accused throughout the criminal justice process, from investigation through trial and post-conviction appeals if necessary. It is the constitutional right of every American to be held innocent unless proven guilty, to receive a fair trial, and to face his or her accusers.
In the Jerry Sandusky case, the accused and his sex crime defense attorney abruptly waived the right to confront the accusers at a preliminary hearing Tuesday. Originally, Sandusky and his attorney Joe Amendola said they would not waive the hearing, at which Sandusky's accusers were set to testify. However, Sandusky, Amendola, and another attorney, Karl Rominger, arrived at the courthouse the morning of the scheduled hearing, went into judge's chambers, and waived the hearing.
After some curious moves by the defense in the Sandusky case, including a questionable media interview that seemed to jeopardize the defense, criminal defense lawyers in Oklahoma and around the nation are keeping a close eye on the developments in the Penn State sex abuse scandal and trial of Jerry Sandusky.
5Dec/110
Oklahoma Sexual Battery Complaints Against Edmond Doctor
A physician has been arrested on four complaints of sexual battery in Oklahoma County after six women reported that the doctor sexually assaulted them. After the women, current and former employees of the Best Care Medical Center in Edmond, went to police, a warrant was issued for the arrest of Dr. Medhat Michael, 52, of Oklahoma City. Michael turned himself in to the Oklahoma County Jail on December 2 and was released on $40,000 bail.
According to the women's complaints, the doctor sexually harassed them, making inappropriate, unprofessional comments and touching and groping them. Dr. Michael, who has not been charged, refuted his accusers as making false allegations of sexual abuse. Investigators, however, are looking into the possibility that other women may be involved, including patients, and are urging them to come forward if they feel they were victimized by the Edmond physician.
In Oklahoma sexual battery is a vaguely defined sex offense. Essentially, sexual battery is any unwanted physical contact that occurs for the sexual gratification of the perpetrator. Without precise definition of what constitutes sexual battery, it is an easy charge for prosecutors to file against someone whose actions--or perceived actions--do not fall under the definitions of rape, lewd acts, or sodomy. However, this vague definition also gives an Oklahoma sexual battery defense lawyer the tools he or she needs to build reasonable doubt.
In order to obtain conviction for a sexual battery charge, prosecutors must demonstrate that the defendant (1) touched the alleged victim without his or her consent, and (2) that the intent of the touch was sexual in nature. If, for example, a person inadvertently brushes against the breast or buttocks of another person in a crowd, he or she is not guilty of sexual battery. Although the touch in this instant may have been uncomfortable for the the person who was bumped into, and although that person did not consent to being bumped into, there was no intent to touch and the physical contact was not initiated for sexual gratification.
It is not uncommon to see football players slap one another on the buttocks in congratulations during a game. Although one player does not expressly consent to having his rear patted, this is not seen as sexual battery, as there is no sexual intent. It is a common gesture in sports, and therefore, not considered sexual battery. Slapping the backside of a co-worker in the office break room, however, is not considered a commonly accepted practice. It is not only considered inappropriate, but can also lead to professional sanctions as well as criminal charges.
Punishable by up to ten years in prison and lifetime registration as an Oklahoma sex offender, sexual battery is a serious felony offense. For those accused of sexual battery or other sex offenses, an Oklahoma sexual battery lawyer is vital for successful defense.
1Dec/110
Oklahoma Teacher Resigns Amid Allegations of Exploitation
An Oklahoma elementary teacher has resigned from her duties in the midst of an investigation that she may have sexually exploited some of her third grade students. Kimberly Crain, 47, of Shawnee, is accused of taking inappropriate photographs and video of some of her female students at McCloud Elementary school in Pottawatomie County. In addition, she is accused of having students Skype (online video calls and chats) with an older man referred to only as "Uncle G" during school several times a week. If enough evidence is obtained during the investigation, Crain could be charged with Oklahoma sex crimes or even Federal sex crimes such as production, distribution, or possession of child pornography.
It is important to remember that at this time, Crain has not been charged with child pornography in Oklahoma or any other state or federal sex offense. Though a search warrant has been granted and property has been seized from Crain's home, she has not been arrested or charged with any crime. The probable cause affidavit and search warrant are based on police interviews with third grade students allegedly involved in the case.
According to a police affidavit, the parents of one alleged victim informed police that their daughter told them that Crain took inappropriate photos and videos of the girls at a pizza party at her home. They said that when they asked their daughter if she had fun at the pizza party, she told them that Crain had each of the girls change into Christmas-themed bras and panties that she provided and took pictures of them decorating a Christmas tree and performing a cheer dance routine they made up. The affidavit states that two of the girls felt uncomfortable wearing the bras and panties, and instead tried to wear the panties with t-shirts. Crain allegedly made them change out of the t-shirts.
About a week after this incident was reported to police, parents of another girl reported to police that their daughter, who was in Crain's class, told them that the teacher took cell phone pictures of certain girls in the class posing on desks and in chairs and had them Skype with "Uncle G" three or four times a week.
Based on these interviews, a search warrant was granted, and several electronic devices, including three laptops, an iPod, a USB drive, and a portable hard drive, were confiscated from the suspect's home.
Being suspected of impropriety with children can jeopardize any career, but for someone who makes a living working with children, such allegations are devastating. If one is accused of the sexual abuse or sexual exploitation of children, it is imperative that he or she hires a skilled Oklahoma sex crime lawyer, not only for criminal defense, but also for protection of constitutional rights during the investigation.
EDIT: After the publication of this post, Kimberly Crain was arrested on complaints of lewd acts with a minor and child pornography in Oklahoma. Police allegedly discovered deleted photographs of nude girls on her Crain's seized cell phone as well as pictures of girls in sexually suggestive poses.
17Nov/110
Soliciting a Minor
A sex crimes case, defended by the attorneys at Phillips & Bailey, was dismissed today. The client was charged with Soliciting Sexual Conduct or Communication with a Minor by Use of Technology. He was charged in McCurtain county.
17Nov/110
Oklahoma Defense Lawyers Question Wisdom of Sandusky Interview
Sex crime defense attorneys in Oklahoma and around the country are watching the unfolding of the Penn State sex abuse scandal along with the rest of the nation. In a case that has left so many Americans baffled by the apparent lack of accountability, a recent move by the accused has criminal defense attorneys scratching their heads. Jerry Sandusky, the man accused of sexually abusing children for at least fifteen years and charged in forty criminal acts, granted an interview.
To Bob Costas.
With the consent of his attorney.
In fact, according to Bob Costas, the attorney arranged the interview, asking the noted sports broadcaster, "What if I can get Sandusky on the phone?" Sandusky's attorney, Joseph Amendola, had his client speaking to a worldwide audience via Bob Costas approximately 10-15 minutes later. The unscheduled interview, which is largely considered ill-advised to anyone remotely aware of criminal law, was a maneuver that perplexed even the interviewer. Bob Costas is reported as saying, "I'm thinking, 'I wonder from your standpoint whether that's the smartest thing to do,' but at the same time, sure if you want to do it. Let's get him on the phone."
Though Sandusky proclaimed his innocence throughout the interview, it did little, if anything, to clear his name in the eyes of the public. Many prosecutors and defense attorneys not associated with the case say that the interview was particularly damaging to the defense. Sandusky's responses, though denying any criminal sexual abuse, will be easily used against him at trial.
As Lynn Abraham, a former Philadelphia district attorney, told the media, "Mr. Sandusky goes on worldwide television and admits he did everything the prosecution claims he did, except for the ultimate act of rape or sodomy? If I were a prosecutor, I'd be stunned."
Jerry Sandusky's interview answers were, in fact, stunning. His--and his sex crime defense attorney's--complete disregard for the right to remain silent has certainly given weight to the prosecution. His actions epitomize the common wording of Miranda rights; his words can and will be used against him in a court of law.
Though Sandusky denied any sexual contact with minor boys, he admitted to actions which are questionable at best. Saying he is innocent of criminal charges, Sandusky admitted, "I could say that I have done some of those things. I have horsed around with kids. I have showered after workouts. I have hugged them, and I have touched their legs without intent of sexual contact." Many people say the most damning part of the interview was not so much in his words, but in his floundering over a particular question. When Bob Costas asked Sandusky if he was sexually attracted to young boys, Sandusky appeared to stumble over the answer, first repeating the question, then responding, "I enjoy young people; I like to be around them. But no, I am not sexually attracted to young boys."
There is no question that Jerry Sandusky and the Penn State sex abuse scandal is a case unique by its public scrutiny and by the media frenzy surrounding the case. It is generally advisable in any criminal case for the defendant to remain silent, and certainly not to grant interviews on such a grand scale. Celebrity criminal defense attorney Mark Geragos (noted for his defense of O.J. Simpson), said he would "knock [his] client over the head with a two-by-four" before he allowed such an interview, but notes that the outcry over the case and immediate call for conviction make the Penn State case an "unusual case" that may call for "unusual tactics."
Though not every child sex abuse case gains the media attention and notoriety of the Sandusky case, virtually all child sex abuse cases share the public conviction of the accused before any legal judgment is rendered. Locally, it is important to find an Oklahoma sex crime lawyer who is experienced in criminal defense of child sex abuse charges, who demonstrates continued success in the defense of his clients, and who understands the laws regarding the rights of the accused and how to uphold and protect those rights throughout the criminal justice system. For more information or to speak with a sex crime lawyer in Oklahoma City, contact the law office of Phillips & Bailey.
14Nov/110
Trial Ordered in Oklahoma Sex Abuse Case
The Oklahoma Criminal Defense law blog earlier wrote of the revocation of bail for Amy M. Blose, 38, Norman. Blose is accused of a prolonged sexual relationship with a boy who was 13 at the time the alleged acts began. She was released on $20,000 bond, but her bail was revoked when a teenaged girl told authorities that Blose attempted to contact the boy in direct violation of the terms of her release. Her Oklahoma sex crime defense attorney asked the judge to reinstate the defendant's bail, saying there was no evidence, other than the word of a teenager, that his client attempted to contact the boy. The judge refused.
Now, the Cleveland County judge has ordered that there is sufficient evidence of sexual abuse for Blose to stand trial. Special Judge Michael Tupper added sixteen counts of sexual abuse to the eight counts brought by the District Attorney. Because the alleged relationship began when the boy was in seventh grade and continued into his eighth grade year, Blose will stand trial on twenty-four counts: fifteen counts of first-degree rape, three counts of forcible oral sodomy, one count of indecent proposal to a child, and five counts of lewd acts with a child in Oklahoma.
The penalty for a conviction of first degree rape in Oklahoma is a minimum five years in prison and up to life in prison without parole. The penalty for lewd acts with a minor in Oklahoma is one to twenty years in prison on the first offense with life in prison without parole the penalty for subsequent offenses. With so many charges against her, Blose faces significant prison time--even life without parole--if convicted of Oklahoma sex abuse.
Facing rape charges--particularly child rape charges--is a delicate, precarious, and challenging legal battle. In many ways, the deck is stacked against the accused. In order to protect innocent victims, the accused is often barred contact with any minors, including his or her own children. In the public eye, the burden of proof falls on the defendant to prove his or her innocence, rather than on the prosecution to prove guilt. Those accused of rape, child sexual abuse, or other sex crimes should seek immediate counsel from an experienced Oklahoma sex crimes lawyer.