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.
Man Held on $1 Million Bond after Continued Oklahoma Traffic Offenses
Reapeat offenders of any crime face harsher consequences as they continue to break the law. Oklahoma defense attorneys see many cases where the punishment is based on the defendant's history and seems to be too severe for the alleged crime. The case of a man being held on $1 million bond for traffic violations perfectly illustrates the point.
Pacer Wynn Gooding, 42, was arrested last week and charged with his second Oklahoma DUI with a blood alcohol concentration of .08, the state's legal limit. Under Oklahoma law, a second DUI within ten years of the first conviction is charged as a felony. If convicted, the driver faces a jail sentence of one to five years.
Gooding was found with marijuana at the time of his arrest and was also charged with Oklahoma possession of a controlled substance and driving while suspended.
While charges against Gooding are serious, having bail set at $1 million seems unwarranted at first glance. However, Gooding's history of traffic offenses is so extensive that prosecutors deemed him "a threat to society." Gooding's most recent arrest was not only his second DUI arrest, but also his fifth incident of possession of marijuana and his eighteenth charge of driving while suspended. An Oklahoma judge agreed that being a serial traffic offender made Gooding a menace to the general public and set the million dollar bond. Gooding's Oklahoma DUI lawyer was not available for comment.
Pacer Wynn Gooding's prodigious police record dates back nearly 25 years and, in addition to the charges listed above, includes charges of transporting an open container, second-degree burglary, malicious injury of property, grand larceny, concealing stolen property, leaving the scene of an accident, four counts of second-degree forgery and numerous traffic offenses.
A bond of $1 million for traffic offenses shows that a judge is unlikely to show leniency in sentencing if Gooding is convicted. His Oklahoma DUI defense attorney will have to work diligently to overcome judicial prejudices and ensure his constitutional rights are upheld.
Motion to Dismiss Rejected for Convicted Oklahoma Rapist David Harold Earls
David Harold Earls made national headlines when he was given a twenty year sentence with nineteen years suspended as part of a plea agreement in the Oklahoma rape of a 4-year-old girl. While his one-year jail term outraged Oklahomans, the agreement was made after his victim's testimony, the primary evidence in the case, was inconsistent and contradictory. Charges that Earls also molested the girl's brother were dropped after the boy changed his story and said he did not remember being assaulted by Earls.
Earls is making headlines again as his Oklahoma defense lawyer argued that facing trial for additional charges against the victim and her brother would amount to double jeopardy.
Protection from "double jeopardy" is a constitutional right that protects citizens from being tried twice for the same crime. Under the Fifth Amendment of the United States Constitution, "[no person shall] be subject for the same offense to be twice put in jeopardy of life or limb." This law essentially protects citizens from being tried for the same crime following an acquittal, being retried after a conviction, and facing multiple punishments for the same crime.
While Earls's Oklahoma sex crime defense attorney argued that a new trial would subject his client to double jeopardy after his initial conviction, a judge agreed with the state attorney general's office that, although the victims were the same in both cases, the accusations and charges are different from those in the original conviction. The judge ruled that there is no evidence that prosecutors and the defense agreed that all crimes and acts committed by David Harold Earls were settled by the original plea agreement. The decision clears the way for a hearing today after Earls's grand jury indictment on three new counts of indecent and lewd acts with a child younger than 16.
Earls was originally convicted of forcible oral sodomy and first degree rape in Oklahoma in 2009.
Elderly Man Charged with Solicitation of a Minor in Oklahoma
While many stereotypes exist about sex offenders and sexual predators, Oklahoma City sex crime defense attorneys know that there are no rules when it comes to allegations of sexual assault. Sex offenders and those accused of sexual assault include both genders and come from all age groups and all walks of life.
Last week, a 73-year-old Oklahoma man was charged with solicitation of a minor and a number of other offenses after he allegedly pulled a 14-year-old girl into his vehicle and offered to pay her for sex. The probable cause affidavit for Duane Nelson's arrest reports that he stopped his vehicle to ask the girl for directions. When she approached his vehicle, Nelson allegedly grabbed her by the wrist and pulled her into the truck, drove her to a city park, and offered to pay her $100 for sex. The girl says she told Nelson that her boyfriend was supposed to meet her at the park, and he let her go. She hid nearby before calling police.
Under the supervision of police, the girl called Nelson the next day and offered to meet him at a local high school. Nelson said that he would provide alcohol for the girl at their meeting.
When he arrived at the designated time and location, Nelson was arrested with a loaded firearm in his pocket. He has been charged with numerous crimes, including kidnapping, indecent proposals to a minor for sex, solicitation, possession of a firearm during the commission of a crime and attempting to provide a minor an intoxicating beverage.
Nelson's Oklahoma defense lawyer will need to look closely at the procedures surrounding his arrest, including the girl's statements about her alleged abduction and the phone call arranging a meeting. Procedural missteps, circumstantial evidence, and lack of evidence can be instrumental in lessened or dismissed charges and can lead to acquittal if a case goes to trial.
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 Mayor Receives DUI Sentence and Faces Embezzlement Trial
The mayor of Eufaula, Oklahoma, appeared before two judges last week as a result of a DUI arrest and embezzlement allegations. In the first appearance, Mayor Dean Smith pleaded guilty to charges stemming from his DUI arrest, including misdemeanor charges of driving under the influence, transporting an open container of alcohol, and failing to obey a traffic signal. Smith's Oklahoma DUI lawyer did not reach a deal with prosecutors in exchange for the guilty plea, and Smith was given a one-year deferred sentence and ordered to undergo drug and alcohol assessments and pay a $900 fine.
In Smith's second appearance before a judge later the same day, he was ordered to stand trial on four felony counts of embezzlement by a public officer. The charges stem from allegations that Mayor Smith used his position as a city official to obtain about $200 in city money. Allegedly, Smith used a city credit card to purchase gasoline and was later reimbursed for the purchases.
One day after embezzlement charges were filed against him, Mayor Smith suspended Eufaula Police Chief Don Murray. Smith says that disciplinary action against the police chief was unrelated to the embezzlement investigation. He later asked the city council to review Murray's employment, and Murray was reinstated.
While embezzlement of property valuing less than $500 is generally a misdemeanor under Oklahoma embezzlement law, the statutes make special provisions for embezzlement by public officials. Misdemeanor embezzlement is punishable by up to one year in jail and/or a $1,000 fine. Embezzlement by a public officer, however, is a felony. If convicted, Mayor Smith faces a minimum one year sentence, fines totaling triple the amount embezzled, and restitution. Smith's Oklahoma white collar crime attorneys will be ready to defend him at trial on July 1.
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.
Oklahoma DUI Laws Allow Convictions of Drivers “Below the Limit”
Every spring, with the arrival of proms and graduations, high schools across Oklahoma focus their attention on drunk driving prevention. Organizations such as Students Against Drunk Driving (SADD) conduct assemblies and programs outlining the devastating consequences that can occur as a result of drinking and driving. Most of these programs highlight emotional stories of tragic and fatal drunk driving accidents. Few of them, however, focus on the legal aspects of a DUI conviction or inform these young drivers that even one drink before driving can lead to a conviction for driving under the influence.
Most people realize that a Blood Alcohol Concentration (BAC) of .08 is the standard for intoxication in all 50 states, and assume that if they have had very little to drink, their BAC is below the legal limit. Many people do not realize, however, that Oklahoma also allows for DUI and DWI convictions with a BAC of below .08. For example, Oklahoma has zero tolerance for those under the legal drinking age who drink and drive. A BAC as low as .02 can net a DUI conviction in a driver under the age of 21. Additionally, commercial drivers can be convicted of DUI with a BAC below .08. Finally, a driver can be charged with Oklahoma DWI (Driving While Impaired) even if tests show that his or her BAC is below .08.
An earlier post describes what to do if you are arrested for DUI or DWI in Oklahoma City. If you are arrested, it is important to note that you have only 15 days to request a hearing, or your license will be automatically suspended, and the suspension cannot be lifted. For this reason, it is imperative to immediately contact an Oklahoma City DUI lawyer with a proven record of successful DUI defense. A DUI defense attorney will evaluate the circumstances surrounding your arrest, including analysis of sobriety tests and police procedures, to ensure that your Constitutional rights are protected.
Illegal Drug Manufacturing Discovered in OKC Area Home
Three people were arrested on felony drug complaints after an undercover drug buy led to a raid on a home in Moore, Oklahoma. The drug raid revealed an illegal steroid lab, according to a spokesman from the Oklahoma Bureau of Narcotics and Dangerous Drugs Control. During the search of the home, the police found that the individuals were in possession of drug paraphernalia, including steroid powder and liquid, empty pill capsules and presses, syringes, labeling equipment, and glass vials and sealers.
The three individuals arrested are accused of manufacturing their own brand of steroids, and have been jailed on complaints of numerous felony drug crimes, including conspiracy to manufacture steroids and possession with intent to distribute.
Oklahoma drug laws impose stiff penalties. Illegal manufacturing of drugs can result in a felony drug conviction, prison time, and a fine of up to $100,000. Even for the first offense, a possession of drugs for sale or possession of drugs for distribution conviction can result in a sentence of life in prison. With illegal distribution of drugs, the punishment can vary depending on the type and amount of drug, the location of the distribution, and whether the drugs were brought in through international trafficking. In the Moore, Oklahoma illegal drug manufacturing case, those arrested are suspected of bringing the steroid powder in from China, which could lead to more severe punishment if convicted.
Those facing Oklahoma drug charges need immediate help from an Oklahoma City drug crimes defense lawyer. Drug crimes, including manufacture, possession, sale, and distribution of drugs, are a hot button issue, and police and prosecution are quick to make an example out of the accused. A skilled criminal defense lawyer with extensive experience successfully defending Oklahoma drug charges will evaluate the evidence to ensure the validity of police drug testing and work to suppress any evidence that was inappropriately or illegally obtained. Your criminal defense lawyer will fight to ensure that your rights are protected.