23Feb/120
Sex, Drugs, Firearms and DUI cases
Phillips and Bailey finished a busy but successful week with multiple dismissals. These Oklahoma criminal cases included:
- Rape in the 2nd Degree
- 3 possession of drug paraphernalia cases
- 2 possession of a firearm in the commission of a felony
- Driving Under the influence
23Feb/120
In the News: Oklahoma Sex Crimes against Minors
February headlines have been filled with stories of sex crimes against minors in Oklahoma. Child pornography, solicitation of sexually explicit images, child rape, and sexual relationships between teachers and students have all hit local headlines since Valentine's Day. The Oklahoma Criminal Defense blog has already brought you the stories of Putnam City High School teacher Lisa Kays, who was charged with rape after being accused of having a sexual relationship with a 17-year-old student, and of John Kenneth Calderon Bastro, who was sentenced to 12 years in federal prison after soliciting explicit images from a 10-year-old boy in western Oklahoma.
Also arrested on unrelated Oklahoma City rape complaints this week were Eduardo Perez, 34, and Gregory Saul, 64.
Eduardo Perez was arrested in connection with an alleged incident occurring on February 13. The alleged victim, aged 14, told her boyfriend that she stayed home from school and drank alcohol with her mother and Perez. She says that after about five drinks, she went to lie down on her bed, and she awoke to Perez touching her inappropriately. She reported that she told Perez to stop and he left, but came back later and raped her while she was still under the influence of alcohol. The alleged victim told her boyfriend about the alleged rape, and he told his father, who reported it to authorities. Perez was arrested on a rape complaint, and the girl's mother was arrested on complaints of contributing to the delinquency of minors. The alleged victim and her two siblings, aged 10 and 12, were taken into DHS custody. The younger siblings reported that their mother tried to get them to drink liquor, but they refused.
Former Moore Christian Schools teacher Gregory Saul was arrested on several sex crime complaints after a girl told police that her 14-year-old friend was involved in a sexual relationship with Saul. Oklahoma City police arrested the former teacher on complaints of forcible oral sodomy, soliciting a minor child to participate in and distribute child pornography, and five counts of rape. Allegedly, Saul and the student were involved in a sexual relationship beginning in September 2011.
Continuing to make local headlines is the story of a McCloud elementary teacher and a former professor at Oklahoma Baptist University who allegedly created and distributed pornographic pictures of the elementary teacher's students. Retired OBU early childhood professor Gary Doby, 65, waived his extradition hearing. Doby is currently living in Pennsylvania, and Oklahoma authorities have until March 13 to pick him up. Doby and former McCloud teacher Kimberly Ann Crain, 48, are accused of conspiring to make and share sexually suggestive images of her students. Allegedly, Crain photographed girls in her second grade class at school and at her home and sent them to Doby. She is also accused of having her students Skype with Doby, whom she referred to as "Uncle G," during class.
In Oklahoma, no one under the age of 16 is legally capable of consent to sexual activity. Furthermore, Oklahoma law forbids a sexual relationship between a teacher and a student, even if the student is over the age of consent. Those facing rape charges as a result of accusations by a minor should immediately contact an experienced Oklahoma City sex crime defense lawyer as soon as possible for the protection of their civil and constitutional rights.
20Feb/120
Man Sentenced for Federal Sex Crime against Oklahoma Boy
A California man convicted of a federal sex crime in Oklahoma was sentenced to twelve years in federal prison. John Kenneth Calderon Bastro, of Long Beach, California, was sentenced in U.S. District Court in Oklahoma City following his November plea of guilt to causing distribution of child pornography.
Bastro was accused of soliciting explicit images from a 10-year-old boy in western Oklahoma. In the case, Bastro offered the young boy video game cheat codes in exchange for graphic sexual photographs sent to the perpetrator via text messages. According to court testimony, Bastro and the victim met online playing a video game on XBox LIVE. Bastro invited the boy into a private chat where they exchanged phone numbers. The victim was offered 20 video game cheat codes if he would text explicit photos of himself to Bastro. The boy's mother became concerned and notified authorities after finding text messages from the out-of-state phone number on her child's cell phone.
Child pornography and computer sex crimes in Oklahoma are frequently prosecuted as federal sex offenses. Sexting, soliciting minors online, possession of child pornography, and distribution of child pornography are all sex offenses that are frequently perpetrated over the internet or mobile technology. Because these crimes take place online, they frequently occur across state lines, making federal charges almost inevitable.
Federal sex crimes in Oklahoma are prosecuted by U.S. District Attorneys, presided over by a federal judge in one of Oklahoma's three U.S. District Courts, and defended by Oklahoma federal criminal defense attorneys. The U.S. District Courts and locations in Oklahoma include:
- U.S. District Court - Western District of Oklahoma in Oklahoma City
- U.S. District Court - Northern District of Oklahoma in Tulsa
- U.S. District Court - Eastern District of Oklahoma in Muskogee
The prosecution in a federal case is often supported by investigation conducted by specialized government agencies such as the FBI, ATF, and DEA. Sentencing in federal court is often much more stringent than sentencing by the local courts, with prison sentences to be served in federal penitentiaries rather than state prisons. For these reasons, it is imperative that anyone charged with federal sex offense obtain legal representation from an Oklahoma defense lawyer who is also an experienced federal sex crime defense attorney.
If you have been charged with a federal offense in Oklahoma's Western District following an accusation of child pornography, internet sex crimes, or other federal sex crimes, contact the law firm of Phillips & Bailey for a consultation with a federal sex crime defense lawyer in Oklahoma City.
16Feb/120
Spanish Teacher Arrested on Oklahoma City Rape Complaints
A Spanish teacher at Putnam City High School was arrested earlier this week following allegations that she had a sexual relationship with a 17-year-old male student. Lisa Kays, 46, was booked into jail on Monday on five complaints of rape and forcible oral sodomy in Oklahoma County. She was released on bail the same day. Though the alleged victim was above the age of consent in Oklahoma, it is important to remember that Oklahoma sex crime laws criminalize a relationship between a student and a teacher, administrator, or employee of the school district.
Putnam City Schools campus police were informed of the alleged relationship between Kays and her student when an anonymous tipster sent an email through a program designed to allow individuals to report safety concerns and criminal actions relating to the district's students and employees. After the tip was received on February 7, campus police spoke with the alleged victim and his parents. Initially, the student denied the allegations, saying that, though he had a close relationship with his teacher, so did several other students. After further interviews, however, the student claimed to have had a sexual relationship with the teacher, taking place both on campus and off campus. Interviews with other students seemed to confirm a relationship between the teacher and her student.
Lisa Kays's husband filed for divorce less than three weeks before the anonymous tip was sent to campus police.
Kays is currently on paid administrative leave pending the investigation of allegations of sex abuse. It is always important to remember that any person accused of a sex crime in Oklahoma is to be considered innocent unless he or she is proven guilty. In this case, an Oklahoma City rape defense lawyer may be able to demonstrate that the evidence thus far is based on word of mouth: an anonymous tip, an alleged victim whose story changed after repeated interviews, and the gossip of teenagers at the school. The prosecution may be further complicated by the divorce filing. In some cases, sexual misconduct is falsely alleged to gain the upper hand in divorce proceedings or to seek vengeance in a bitter dispute.
In earlier times, it seemed that sexual relationships or sexual abuse between teachers and students generally dealt with a male perpetrator. Since Mary Kay Letourneau made headlines in 1997 for her relationship with sixth-grade student Vili Fualaau, more and more female teachers have been accused of sexual relationships with students. Sex crime defense attorneys in Oklahoma City and across the nation are seeing more and more women accused of sex crimes against minors. Those accused should seek immediate legal counsel from an experienced attorney to preserve their rights during an investigation and trial.
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.