OK Blawg - The Oklahoma Law Blog

Randolf Dial Dies in Prison

2007-11-21T14:58:00.001-06:00

One of the earliest posts to this blog concerned escaped oklahoma killer randolph dial. Dial's story involves a series of events too strange for fiction. In 1986, Dial, a gifted artist, confesses to the 1981 murder of Kelly Hogan. Dial is convicted in Tulsa County Case CRF-1986-1657 of First Degree Murder. In 1994, Dial escapes from prison in Granite, Oklahoma. He abducts the deputy warden's wife, Bobbi Parker, and uses her van in the escape. The van is discovered two days later in Wichita Falls, Texas. Eight days later, Parker's family receives phone calls saying she will be home soon.
Over ten years later, a tip following a broadcast by the television show "America's Most Wanted" leads authorities to a secluded trailer house in Campti, Texas, where Dial and Parker were both residing and working on a chicken ranch. Dial and Parker both state that Parker was being held against her will based upon threats against her family.
Randolph Dial died of complications from lung cancer on June 13, 2007.

First Degree Manslaughter Charges Filed in Tulsa "Road Rage" Case

2007-09-27T09:45:00.000-05:00

Tulsa County District Attorney Tim Harris filed a first-degree manslaughter charge Wednesday against Kenneth Ray Gumm, 67, in the shooting death of Dale Turney, 47.

Gumm, a retired security guard, is accused of killing Turney in a River Parks parking lot on June 10.

The shooting occurred about 4 p.m. on a Sunday afternoon near 19th Street and Riverside Drive. Witnesses said there were many people in that area of the park at that time.

''An alleged road rage confrontation ended in a tragic result,'' said Harris said in a prepared statement. ''Every situation has specific facts and circumstances unique to itself. These individualized facts are applied and analyzed under the law.''

Oklahoma law allows a person to use deadly force in self defense if that person has a reasonable belief such force is necessary to protect himself from imminent danger of death or great bodily harm, Harris said.

''We have reviewed evidence and investigation presented by the Tulsa Police Department,'' Harris said. ''Further investigation was conducted by the DA's Office, which led to the decision to file the charge. The defendant is presumed to be innocent under the law, but we will be prepared to present evidence in court at the appropriate time,'' he said.

First-degree manslaughter carries a minimum sentence of four years to a maximum sentence of life in prison.

Source: www.tulsaworld.com

Governor signs ATV helmet law

2007-07-18T09:48:00.000-05:00

A state law requiring persons under 18 to wear a crash helmet while riding an all-terrain vehicle on public lands was signed into law Tuesday and takes effect Nov. 1.
State Rep. Bill Nations, D-Norman, House author of the legislation, said the measure was two years in the making and could not have passed without bipartisan support. Co-sponsor was Sen. Andrew Rice, D-Oklahoma City.
Besides legislators from both parties, Nations credited the help of the state health department’s Dr. Michael Crutcher and Kevin Pipes, the parents of injured children and the emergency trauma staff at the OU Health Sciences Center.
The law, signed by Gov. Brad Henry Tuesday, requires riders and passengers under age 18 to wear helmets while riding on public lands. In addition, the law prevents passengers from riding on ATVs unless that vehicle was designed to carry passengers.
The bill allows peace officers, including park rangers, to enforce the bill’s provisions. There are also penalties for adults who allow an underage rider to ignore the law.
Oklahoma now becomes one of 35 states that have enacted some safety requirements for children and teenagers driving and riding ATVs.
“As a result of the combined efforts of many professionals and involved families, lives will be saved and expensive disabling traumatic head injuries to children will be reduced,” Nations said. “This is a reasonable way to begin reversing the increases in ATV injuries and deaths in Oklahoma’s children. Although the legal aspects of this statute are aimed at preventing injuries on public lands, it is our hope that parents will take this as an encouragement to all parents to voluntarily ensure proper training and helmet use no matter the location.”
Nations said helmets reduce deaths by 42 percent and nonfatal head injuries by 64 percent. So far in 2007, seven Oklahomans have died while riding an ATV. That total includes three children. In 2006, 19 Oklahomans including three children died in ATV crashes.
“The State of Oklahoma was made a safer place for children because of the passage of this new law. By preventing devastating traumatic injuries, we will be able to save people from a lifetime of physical, emotional and financial suffering,” said Crutcher, secretary of health and the state’s commissioner of health.
Source: www.normantranscript.com

Chesapeake to Court: Stop Plant Hearings

2007-07-10T22:07:00.000-05:00

An attorney for Chesapeake Energy Corp. said Tuesday the Oklahoma Corporation Commission is using judicial powers it does not have to hold hearings on a proposed coal-fired power plant the natural gas producer opposes.

Chesapeake, the third largest independent gas producer in the U.S., took its case to a state Supreme Court referee in an attempt to stop hearings that began on Monday before the commission on whether the proposed 950-megawatt, $1.8 billion generating unit is needed.

Oklahoma City-based Chesapeake has questioned plans to build coal-fired generating facilities in Oklahoma and Texas. Natural gas competes with coal as a fuel for power plants.

Chesapeake attorney Robert A. Nance told referee Daniel Karim the commission does not have legal authority to pre-approve power plants and that the hearings are an "unauthorized use of judicial power."

"The Corporation Commission is a tribunal of limited jurisdiction," Nance said. "They're exercising judicial force without authority."

Attorneys for the state and a coalition of power producers that proposed the plant said it is a legislative - not judicial - function of the commission to hold hearings on the need for the proposed plant and other public utility projects.

A determination that the plant is needed will allow power producers to recover construction costs as the plant is built by adding them to customer rate bases. Utility officials have said the proposed plant's high cost will prevent them from building it unless it is preapproved by the commission.

"We'd like to know what the rules are ahead of time," said David A. Kutik, an attorney for Oklahoma Gas & Electric Company, which proposed the Red Rock generating unit with Public Service Company of Oklahoma and the Oklahoma Municipal Power Authority.

The proposed plant will be built in Noble County about 80 miles north of Oklahoma City. PSO will own 50 percent, OG&E will operate the facility and own 42 percent and the Oklahoma Municipal Power Authority, which provides electric power to about 20 communities in the state, will own 8 percent.

Red Rock would be located next to OG&E's Sooner Power Plant facilities.

Assistant Attorney General Bill Humes said recent changes in state law authorized the commission to review utility projects in advance rather than in hindsight. The commission can bar utilities from recovering construction costs of plants already built if it finds the costs were not reasonable.

Utility officials have said the proposed Red Rock plant will help the utilities keep up with growing consumer demand for electricity and keep costs down by using low-cost coal as a fuel instead of natural gas. Coal costs 85 percent less than natural gas, which has increased in price 117 percent over the last five years.

PSO's generating plants are primarily fueled by natural gas but the company also uses wind power and other fuels. If the company had relied solely on natural gas as a fuel over the last five years, its customers would have paid $1.7 billion more in fuel costs, according to company officials.

Opponents, including environmental groups, say natural gas burns much cleaner than coal and causes fewer environmental problems.

Karim said he will make a recommendation to the Supreme Court in about a week.
Source: www.forbes.com
By TIM TALLEY 07.10.07, 6:06 PM ET

Ruling blocks direct sales of wine from producers to stores and restaurants

2007-07-10T21:27:00.000-05:00

Gene Clifton, owner of Canadian River Winery & Vineyard near Norman, has more on his mind than this year's grape harvest.
He's worried his business will go belly-up because of a recent court ruling prohibiting wineries from selling directly to retailers and restaurants. For Clifton, direct distribution makes up 65 percent of his sales.
"Like most wine makers, we based our business plan on outside sales, so now we're stuck,” he said. "It's almost impossible to make up that kind of hit.”
In 2000, Oklahoma voters approved a measure that made wine makers exempt under Oklahoma liquor laws, which require all alcohol manufacturers to sell through a wholesaler.
But a change came after three large liquor wholesalers sued the Alcoholic Beverage Laws Enforcement Commission in federal court last year. In November, a federal judge ruled the provision was in violation of interstate commerce laws. He gave the Legislature six months to fix it, but lawmakers failed to directly address the issue during the 2007 session. So on June 15, the judge ruled in favor of the wholesalers, striking down wineries' exemption and upholding a three-tier system for alcohol distribution.
Liquor wholesalers argue the three-tier system reinforces the way Oklahoma taxes, regulates and enforces alcohol laws. Winemakers say reverting to the pre-2000 law burdens the fledgling wine industry and puts the reins on agritourism, with vineyards and wineries playing a major role. Winemakers statewide also fear wholesalers will overlook newer, less established wineries and their brands. They also say wholesaler costs — about 22 percent — will cut too deep into their profits.
Mike Greenfield, co-owner Greenfield Vineyard and Winery, said the new regulations are prohibitive for startup vineyards that only produce a few thousand bottles of wine a year. His vineyard, for example, doesn't produce enough to offer large discounts to stay competitive, he said. He already discounts 33 percent to compensate for the retailer's mark up; an additional discount would be cost-prohibitive.
"Even if we wanted to use a wholesaler at this point, they don't have to use us. It's a huge hardship. My prediction is there're going to be wineries that go out of business,” Greenfield said. "We invested everything we had — bet the farm basically — that we were going to be able to directly distribute, so that if traffic was low a particular month we could hit the retail market hard, but we can't do that ... unless we use a wholesaler and we can't make any money that way.”
Alexander said a few wholesalers are placing orders with the wineries that are posting their prices with them. Alcohol manufacturers are required to post their prices to wholesalers every month. Those who waited to hear the federal judge's ruling probably will post July 15 in order to make the deadline for Sept. 1 orders.
Alexander said Oklahoma City-based Central Wholesale Liquor Co. has placed orders with the eight wineries that have posted prices.
"As far as I know, every major wholesaler in the state is carrying Oklahoma wines right now and has ordered Oklahoma wines. Now that doesn't mean that they'll order every specific brand,” he said.
Alexander said many Oklahoma wineries don't have enough demand for their products, and that's not the fault of the wholesalers or the Legislature.
Besides direct distribution, many Oklahoma wineries also were shipping their products. In April, Gov. Brad Henry signed into law HB 1753 which made it illegal for wineries to ship in state. Wineries are still able to ship products out of state, but most say they don't have a need to.
"This was not specific to stop Oklahoma wineries. This was specific to stop anyone else from shipping directly,” Alexander said. "If Gallo and other wineries could ship directly to consumers, it would absolutely affect wholesalers. We can't allow Oklahoma companies to do something that California companies or Arizona companies are not allowed to do.”
Gary Butler, president of the Oklahoma Grape Growers and Wine Makers Association, said wholesalers are concerned more about the future of their industry than the 53,000 gallons of wine Oklahoma wineries sold last year. The group Oklahomans for Modern Laws is trying to legalize the sale of strong beer and wine in grocery and convenience stores, and is making headway on a petition that could put the issue before voters.
"The wholesalers, I think, are primarily concerned about losing revenue with the large retailers if it does get in grocery stores,” he said. "I think they're more concerned about leaving the door open for large retailers to bypass (the wholesalers).”
Recently, Costco, a large discount chain, challenged alcohol distribution laws in Washington state and won the right to order directly from wineries. But Butler is most concerned that the law will cause small wineries to go out of business and make it difficult for people to enter the industry.
"Self distribution is crucial,” he said. "It gives small farm-based wineries an opportunity to build their businesses without huge capital investment.”
For seven years, winemakers have enjoyed self distribution, and the fledgling industry grew from two wineries to 45 licensed wineries, said Marta Patton, deputy director of the ABLE Commission, the agency that regulates Oklahoma's liquor laws.
"It's a trade off. It costs them. They make probably less for their wine because there's a markup when it goes through the (wholesaler), but if someone wants it, they're willing to pay for it. That's supply and demand.”
Much like the wine they grow, Patton said winemakers are a "resilient” group of people and will survive.
"I know this is a setback for them in their minds, but I also know the system is set up to help them,” she said.
Rewriting the law to include production caps could help appease winemakers and distributors, said Rep. Jeff Hickman, R-Woodward. He wrote one bill that would have required wineries that produce more than 10,000 gallons a year to use a wholesaler.
Hickman said he is hopeful that the wholesalers and winemakers can reach common ground next session. But he doesn't have much hope for overhauling the entire alcohol distribution system.
SOURCE: www.newsok.com
By Trisha Evans
Business Writer

Principal chief retains leadership in Cherokee Nation elections

2007-07-03T09:55:00.000-05:00

Source: www.indiancountry.com
TAHLEQUAH, Okla. - Citizens of the Cherokee Nation of Oklahoma went to the polls June 23 and reaffirmed their confidence in the leadership of Principal Chief Chad ''Corntassel'' Smith and Deputy Chief Joe Grayson Jr. Smith was re-elected with 59 percent of the vote for a third four-year term as principal chief, beating out his opponent, former Cherokee Nation Supreme Court Justice Stacy Leeds. Grayson was approved for a second term with 61 percent of the vote, over Raymond Vann, a retired General Motors foreman. During pre-election debates, Leeds challenged the current leadership's distribution of gaming revenues, claiming more money should be designated for health care services. Smith disagreed, arguing that at the present time, developing tribal business and employment opportunities was most critical. Currently, 30 percent of Cherokee gaming revenues are allocated for tribal services and 70 percent for business development. Smith said that solidifying existing Cherokee business ventures and expanding new ones has been the strategy of his administration that has worked best for the tribe in achieving its current level of success. He contended the nation must continue to build on that success. ''When I [first] got into office, we didn't have two nickels to rub together,'' he said. ''Cherokees have a long history of surviving abject poverty. The question now is, can we survive prosperity?'' The tribe currently employs some 6,500 people, and many new jobs have been created under Smith's leadership through expansion of the tribe's casino operations, which feature seven casinos in northeastern Oklahoma. During the debates, Grayson indicated that there has been an approximate 50 percent increase in tribal employment over the past three years, but he supports Smith's assertion that maintaining these advancements are critical. ''We're competing in the private sector now, so we need people that have experience in the private sector to run the businesses and keep them going.'' Smith and Grayson both emphasized the continued need to focus on improving diplomatic relations with state and federal entities. Grayson said the struggle to assert and solidify sovereignty is essential. ''The state doesn't realize that we are the largest employer in northeastern Oklahoma and every two weeks we pump into the economy of northeastern Oklahoma about $3.5 million in salaries - money funneled back into Oklahoma by the Cherokee Nation.'' Smith also cited long-term strategies to improve tribal leadership as another important challenge for the nation. He said consensus is the key to achieving goals the tribe has set. ''We need leaders that will pull together,'' he pointed out. He said statesmanship and leadership focused on the best interests of the whole tribe leads to greater success. He placed special prominence on ideas for developing culturally based leadership qualities and skills among the nation's youth. ''What greater honor can you ever be engaged in than passing on [our] great Cherokee legacy with discipline, compassion and the idea that we're doing it for something bigger than ourselves?'' he asked. Prior to his service as principal chief, Smith taught Indian law at Dartmouth College, Northeastern State University and Rogers State University. He has written college curricula in tribal operations and authored a 600-page course book on Cherokee legal history. He holds a bachelor's degree in education from the University of Georgia; a master's degree in public administration from the University of Wisconsin; and a juris doctorate from the University of Tulsa, according to the Cherokee Nation Web site. He also served with two previous administrations as director of tribal planning, legal historian, attorney, tribal prosecutor, director of justice and adviser to the tribal tax commission. Smith has also worked as a prosecutor in Creek County and a public defender in Tulsa County, and operated his own private law practice. Grayson is a highly decorated Vietnam veteran, having served in the U.S. Army, 4th Infantry Division. He is a member of the Masonic Lodge and the American Legion. His professional life has been spent as a plumbing contractor and employee of W.W. Hastings Hospital in Tahlequah, according to Chad Smith's Web site. Grayson has co-chaired the Cherokee National Holiday Committee, the Tahlequah Public Schools Indian Parent Committee and served as chairman of the Cherokee United Way. In 2005, he was elected National Congress of American Indians Vice President for Eastern Oklahoma. Fifteen tribal council members were also confirmed in the election. They include Bill John Baker, Cherokee District 1; S. Joe Crittenden, Trail of Tears District 2; David W. Thornton and Janelle Lattimore Fullbright, Sequoyah District 3; Don Garvin, Three Rivers District 4; Harley L. Buzzard and Curtis G. Snell, Delaware District 5; Chris Soap and Meredith Frailey, Mayes District 6; Cara Cowan Watts, Will Rogers District 7; Buel Anglen and Bradley Cobb, Oolagah District 8; Charles ''Chuck'' Hoskin Jr., Craig District 9; and Julia Coates and Jack D. Baker, councilors at large. A run-off election is scheduled for July 28, to decide the winners of two undecided seats between incumbent Audra Smoke-Connor and Tina Glory Jordan in District 1, and incumbent Jackie Bob Martin or Jody Fishinghawk in District 2. In addition, the election also yielded a vote to affirm the removal of mandatory federal approval for amendments to the Cherokee Nation Constitution, with 67 percent carrying the question.
by: Patti Jo King

Legislator Wants to Talk About Water Sale

2007-07-03T09:50:00.000-05:00

Source: star-telegram.com
An Oklahoma state senator is taking a politically unpopular stance by saying his state should consider selling what he describes as "excess runoff water" to Texas if it will help raise money to pay for new roads, bridges and other projects in his district.
State Sen. Jeff Rabon, a Democrat from Hugo, said a proposal made by the Tarrant Regional Water District to buy water from Oklahoma before it flows into the Red River will not drain the state's lakes, empty its aquifers or leave its farmers high and dry, as critics have contended.
Although additional studies are needed, Rabon argues that refusing to even think about selling the water is irresponsible. The state has a moratorium on out-of-state water sales that the water district is challenging in federal court as unconstitutional.
"What is the problem in talking about it?" asked Rabon, who represents a southeastern Oklahoma district that includes one of the basins where the water district wants to get the water. "I've never understood the notion or mind-set that you don't talk about it. At the end of the day, when the study is done or the courts have wrangled, it may in fact not be a good public policy.
"But you don't get there without talking about it. I'm not afraid to keep it on the table for discussion," Rabon said.
Jim Oliver, executive director of the Tarrant Regional Water District, said the district has made progress with other Oklahoma lawmakers as well.
"When we've met with a number of elected officials they were cautiously positive on our deal but they do understand politically that it is a tough thing for them to get in front of," Oliver said.
He said the cities in southeastern Oklahoma need the money.
"The towns are sitting at reservoirs, but they can't afford the pump stations and stuff to get the water," he said.
Other Oklahoma lawmakers reject any suggestion of selling water to Texas until a new statewide water use study is completed, and environmental and economic groups are concerned about how the idea will affect the quality and quantity of water flowing into the Red River.
"Now that Oklahoma lakes are full and the drought is broken I hope we don't forget what kind of desperate problems we had when we were in a drought and make some rash decision," said state Rep. Mike Reynolds, a Republican from Oklahoma City.
Water into money
While getting water from Oklahoma for Fort Worth and Dallas is not a new idea, the Tarrant Regional Water District's recent proposal has so far met with little public support. Even Oklahoma state Sen. Jeff Rabon acknowledges that it's a "touchy subject."
Rabon, a Hugo Democrat whose district includes the Kiamichi River basin, one of the areas where the water district wants to collect water, is among a few legislators who have spoken out about studying selling the water to North Texas.
Oklahoma Water Resources estimates that 1.5 million to 1.7 million acre-feet of water, or 488.7 billion to 553.9 billion gallons, empties from the Kiamichi River every year, Rabon said. He said that is "four times the amount [of water] the entire state uses in a year, Oklahoma City and Tulsa included."
The money could be used to pay off a $68 million debt the state owes the Army Corps of Engineers for building Lake Sardis as well as bridges, roads and pipelines to carry water to communities in his district that can't afford them, he said.
"This part of the state needs the money," Rabon said. "I have done all I can to improve the economic well-being of the district, and just because it's uncomfortable I won't breach that responsibility" by not talking about turning a natural, replenishing resource that may be wasted, to a large degree, into a revenue stream.
Not so fast
Oklahoma state Rep. Jerry Ellis, chief sponsor of the moratorium blocking out-of-state water sales, said the majority of Oklahomans oppose the sale. He said Rabon is willing to talk about the idea because term limits prevent him from serving after 2008.
"He feels like he can do what he wants to, but my feeling is to do what the majority wants you to do," Ellis said.
Ellis echoes concerns from several groups that once water goes to Texas, it will be hard to get it back during a drought.
"When we're wet, you are too. When we need water, you need it too," said Ellis, a Democrat from Valliant. "We think the local people ought to be taken care of; there is no guarantee that they will be."
Legal update
The water district applied for permits to capture water from the Cache Creek and Beaver Creek basins, near Lawton, and the Kiamichi River basin near McAlester. The district wants to divert about 7 percent of the water before it goes into the Red River and absorbs too much salt to be drinkable.
The Upper Trinity Regional Water District, which serves Collin, Dallas and Denton counties, also filed for a permit.
The Tarrant Regional Water District sued the Oklahoma Water Resources Board and the Oklahoma Water Conservation Storage Commission to keep the state from automatically dismissing or denying its permits while the matter is in court. The Tarrant water district contends that a state moratorium blocking out-of-state water sales violates federal law concerning interstate commerce.
The water district's research also indicates that when Oklahoma encouraged the federal government to build reservoirs there in the 1950s, the state encouraged the Corps of Engineers to consider the future demand for water from Fort Worth and Dallas.
"If they lose the lawsuit, it opens the door for us and others to apply for the run of the river and stored water and that is the risk they are facing," Oliver said.
Oklahoma wants the case dismissed, saying that no contract exists for selling the water, and since the moratorium applies only to contracts, there is no basis for the lawsuit. A letter from the Arkansas Natural Resources Commission stating its concern about how the plan will affect water flowing into the Red River was also was entered into evidence.
U.S. District Judge Joe Heaton has not scheduled arguments.
By MAX B. BAKER
Star-Telegram staff writer
maxbaker@star-telegram.com
Max B. Baker, 817-390-7714

2006 Oklahoma Court of Criminal Appeals Decisions 1-11

2007-01-04T22:26:00.000-06:00

RICARDO VIRGO BLONNER, Appellant -vs- STATE OF OKLAHOMA, Appellee; THE STATE OF OKLAHOMA, Plaintiff vs. JOHN DOE, Defendant.
Case Number: O-2004-1175
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 1; 127 P.3d 1135; 2006 Okla. Crim. App. LEXIS 1
January 5, 2006, Decided

CASE SUMMARY

PROCEDURAL POSTURE: Defendant sought review of the decision of the Oklahoma County District Court, which concluded that he had not met his burden of proving that he was mentally retarded and denied his motion to quash the bill of particulars on grounds of mental retardation.

OVERVIEW: Defendant was currently charged with first-degree murder and he currently appealed the determination that he failed to meet his burden of proving by a preponderance of the evidence that he was mentally retarded. While he presented some evidence suggesting that he suffered from mental retardation, he did not show by a preponderance of the evidence that he met all three prongs of the definition for mental retardation. Additionally, the court set forth the procedures to be followed to resolve future Atkins claims.

OUTCOME: The judgment was affirmed.

RYAN GOLDEN, Appellant -vs- STATE OF OKLAHOMA, Appellee
Case Number: F-2004-582
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 2; 127 P.3d 1150; 2006 Okla. Crim. App. LEXIS 2
January 10, 2006, Decided
SUBSEQUENT HISTORY: US Supreme Court certiorari denied by Okla. v. Golden, 2006 U.S. LEXIS 4949 (U.S., June 26, 2006)PRIOR HISTORY: AN APPEAL FROM THE DISTRICT COURT OF POTTAWATOMIE COUNTY. THE HONORABLE JOHN GARDNER, ASSOCIATE DISTRICT JUDGE.
CASE SUMMARY

PROCEDURAL POSTURE: A jury for the Pottawatomie County District Court (Oklahoma) found defendant guilty of first degree murder, in violation of Okla. Stat. tit. 21, § 701.1(A) (2001). The jury set punishment at life imprisonment without the possibility of parole and the trial judge sentenced defendant in accordance with the jury's verdict. Defendant appealed.

OVERVIEW: Prior to jury selection, the trial court announced it would call 22 names and then the State and defendant would each have five peremptory challenges. Okla. Stat. tit. 22, § 655 (2001) provided that in prosecutions for first degree murder defendant was entitled to nine peremptory challenges. The trial court erred when it did not allow defendant nine peremptory challenges. The appellate court agreed with defendant that the trial court's error deprived him of his statutory right to nine peremptory challenges and his constitutional right to due process of law. While defense counsel did not object, the trial court had an affirmative duty to inform defendant of his right to challenge jurors, Okla. Stat. tit. 22, § 651 (2001), and its failure to so inform defendant of that statutory right and all that it encompassed constituted clear, structural error. Thus, the statutory right was not subject to a harmless error analysis. In addition, the right to a trial before a fair and impartial jury was the hallmark of the American system of justice, and was guaranteed by both the U.S. Const. amend. VI and Okla. Const. art. II, §§ 19, 20. Thus, defendant was entitled to a new trial.

OUTCOME: The appellate court reversed the trial court's judgment and sentence and remanded the case to the trial court for a new trial.

PATRICK DWAYNE MURPHY, Appellant -vs- STATE OF OKLAHOMA, Appellee
Case Number: PCD-2004-321
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 3; 127 P.3d 1158; 2006 Okla. Crim. App. LEXIS 3
January 20, 2006, Decided
PRIOR HISTORY: Murphy v. State, 2005 OK CR 25, 124 P.3d 1198, 2005 Okla. Crim. App. LEXIS 23 (Okla. Crim. App., 2005)JUDGES: CHARLES S. CHAPEL, Presiding Judge, GARY L. LUMPKIN, Vice Presiding Judge, CHARLES A. JOHNSON, Judge, ARLENE JOHNSON, Judge, DAVID B. LEWIS, Judge.OPINION: ORDER RESPONDING TO STATE'S MOTION FOR CLARIFICATION On December 7, 2005, this Court remanded this post-conviction case for a jury trial on Murphy's mental retardation claim. Murphy v. State, 2005 OK CR 25, 124 P.3d 1198.On January 9, 2006, the State filed a Motion for Clarification of that opinion. This Court's case law on the issue of mental retardation in capital cases, when read in its entirety is neither confusing nor in conflict. Lambert v. State, 2003 OK CR 11, 71 P.3d 30, and Salazar v. State, 2004 OK CR 4, 84 P.3d 764, control in this post-conviction proceeding. Regarding the State's questions, this Court does not issue advisory opinions. Canady v. Reynolds, 1994 OK CR 54, P9, 880 P.2d 391, 394; Matter of L.N., 1980 OK CR 72, P3, 617 P.2d 239, 240.

ANTHONY WAYNE JACOBS, Appellant -vs- STATE OF OKLAHOMA, Appellee
Case Number: F-2005-104
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 4; 128 P.3d 1085; 2006 Okla. Crim. App. LEXIS 5
February 1, 2006, Decided

CASE SUMMARY

PROCEDURAL POSTURE: Defendant sought review of the decision of the District Court of Payne County (Oklahoma), which convicted him of unlawful possession of controlled drug with intent to distribute in violation of Okla. Stat. tit. 63, § 2-401(B)(2) (Supp. 2004), unlawful possession of drug paraphernalia in violation of Okla. Stat. tit. 63, § 2-405 (2001), and obstructing an officer in violation of Okla. Stat. tit. 21, § 540 (2001).

OVERVIEW: Defendant appealed his convictions, but the court affirmed, stating that it adopted the following rule: If, during a non-flagrant but illegal stop, the police learned the defendant's name, and the disclosure of that name led to the discovery of an outstanding warrant for the defendant's arrest, and the execution of that warrant led to the discovery of evidence, the existence of the arrest warrant was deemed an independent intervening circumstance that dissipated the taint of the initial illegal stop vis-a-vis the evidence discovered as a consequence of a search incident to the execution of the arrest warrant. Defendant's arrest on a valid outstanding warrant was an independent intervening circumstance that attenuated the taint of the illegal stop. The officer had no flagrant or improper purpose in making what was later determined to be an invalid traffic stop. Discovery of defendant's outstanding arrest warrant was an independent intervening circumstance that attenuated the taint of the initial illegal stop and seizure. Thus, the trial court did not err in overruling defendant's motion to suppress.

OUTCOME: The court affirmed the judgment and remanded for an order nunc pro tunc reflecting that defendant's sentences should run concurrently.

JULIUS DARIUS JONES, Appellant -vs- STATE OF OKLAHOMA, Appellee
Case Number: D-2002-534
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 5; 128 P.3d 521; 2006 Okla. Crim. App. LEXIS 4
January 27, 2006, Decided
SUBSEQUENT HISTORY: Rehearing granted by, Motion denied by Jones v. State, 2006 OK CR 10, 132 P.3d 1, 2006 Okla. Crim. App. LEXIS 9 (Okla. Crim. App., 2006)US Supreme Court certiorari denied by Jones v. Oklahoma, 166 L. Ed. 2d 287, 2006 U.S. LEXIS 7658 (U.S., 2006)
CASE SUMMARY

PROCEDURAL POSTURE: Defendant appealed a decision of the Oklahoma County District Court (Oklahoma) convicting him of first degree murder under Okla. Stat. tit. 21, § 701.7(B) (1998), possession of a firearm after conviction of a felony under Okla. Stat. tit. 21, § 1283 (1998), and conspiracy to commit a felony under Okla. Stat. tit. 21, § 421 (1999). Defendant was sentenced to death.

OVERVIEW: Defendant and the codefendant followed the victim intending to steal his car. Defendant shot the victim and took the car. The court held among other things: (1) the struck juror method did not deprive defendant of a fair method of jury selection; (2) the information set forth in the affidavit to obtain the search warrant was sufficient, and defense counsel was not ineffective for failing to request a Franks hearing because the warrant would have properly been issued even if "inaccuracies" had been removed from the affidavit; (3) because a witness whom defendant asked to help him sell the car was not an accomplice as a matter of law, his testimony did not require corroboration; (4) there was sufficient evidence that defendant was a felon in possession of a firearm because defendant had a prior felony conviction, and the murder weapon was found in defendant's home; (5) defendant participated as a principal, and accessory after the fact instructions were neither required nor warranted under the facts of this case; and (6) the flight instruction was proper because there was evidence that defendant fled from a second story window after an officer talked to him by phone.

OUTCOME: The court affirmed defendant's conviction and sentence.

ANDERSON v. STATE
Case Number: F-2004-882
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 6; 130 P.3d 273; 2006 Okla. Crim. App. LEXIS 6
February 22, 2006, Decided

CASE SUMMARY

PROCEDURAL POSTURE: Defendant was tried by a jury and convicted of murder in the first degree, in violation of Okla. Stat. tit. 21, § 701.7(A) (2001), in the District Court of Tulsa County (Oklahoma). In accordance with the jury's recommendation, the trial court sentenced defendant to life imprisonment without the possibility of parole. Defendant appealed from his judgment and sentence.

OVERVIEW: The victim was a methamphetamine user and dealer. The medical examiner concluded the victim died from blunt force trauma and strangulation. The appellate court found that the trial court erred in failing to instruct the jury regarding the 85 percent Rule, Okla. Stat. tit. 21, § 12 (2001), that a defendant sentenced to a term of imprisonment would be required to serve at least 85 percent of that sentence before being eligible for parole. Additionally, the expert's testimony that her DNA methodology was conservative and erred on behalf of the defense was proper. Thus, counsel could not be faulted for failing to object to it. In addition, counsel conducted a thorough and far-ranging cross-examination, getting a witness to admit she was a drug user, liar, and thief who kidnapped her children and was familiar with the victim's drug business. Also, he forcefully argued in closing that the witness had a motive to commit the murder and to accuse defendant. Finally, counsel's failure to bring out the slight inconsistency regarding the witness's hope for a benefit from testifying against defendant did not constitute ineffective assistance of counsel under the Sixth Amendment.

OUTCOME: The appellate court reversed the trial court's judgment and remanded the case to the trial court for resentencing.

ROJEM v. STATE
Case Number: D-2003-860
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 7; 130 P.3d 287; 2006 Okla. Crim. App. LEXIS 7
February 24, 2006, Decided
PRIOR HISTORY: AN APPEAL FROM THE DISTRICT COURT OF WASHITA COUNTY. THE HONORABLE CHARLES L. GOODWIN, DISTRICT JUDGE.Rojem v. State, 1988 OK CR 57, 753 P.2d 359, 1988 Okla. Crim. App. LEXIS 55 (Okla. Crim. App., 1988).
CASE SUMMARY

PROCEDURAL POSTURE: In a resentencing proceeding, defendant appealed a judgment of the District Court of Washita County (Oklahoma) that again sentenced him to death after he was convicted of kidnapping, first-degree rape, and first-degree murder, based on the jury's finding of four aggravating circumstances: a prior violent felony; especially heinous, atrocious or cruel murder committed to avoid arrest or prosecution; and defendant was a continuing threat.

OVERVIEW: Defendant challenged the jury's finding of the 4 aggravating circumstances and claimed the trial court erred by improperly denying his challenge for cause against prospective jurors; by disallowing two defense witnesses because his lawyers missed a discovery deadline; in its jury instructions on the issue of mitigation; and by precluding him from presenting evidence pertaining to "residual doubt" as a mitigating circumstance. The court held that defendant's due process rights were violated by the trial court's improper denial of his challenges for cause and its imposition of the overly harsh discovery sanction under Okla. Stat. tit. 22, § 2002(E) (Supp. 2002) where the missed discovery deadline was not willful. The court found that the trial court refused to dismiss three jurors for cause, which resulted in prejudice when defendant was forced, over objection, to keep an unacceptable juror. One of the jurors was not qualified to serve under Okla. Stat. tit. 38, § 28(B)(4) (2001) because he had strong ties to law enforcement and worked as a jailer; and all three jurors had shown actual bias and were not qualified to serve under Okla. Stat. tit. 22, § 659(2).

OUTCOME: The court reversed defendant's death sentence and remanded the case for a new sentencing proceeding consistent with the opinion.

MICHAEL ALLEN BROWNING, Appellant -vs- STATE OF OKLAHOMA, Appellee
Case Number: D-2003-363
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 8; 134 P.3d 816; 2006 Okla. Crim. App. LEXIS 17
April 24, 2006, Decided
SUBSEQUENT HISTORY: Post-conviction relief denied at, Motion denied by Browning v. State, 2006 OK CR 37, 2006 Okla. Crim. App. LEXIS 38 (Okla. Crim. App., 2006)US Supreme Court certiorari denied by Browning v. Okla., 2006 U.S. LEXIS 7668 (U.S., Oct. 10, 2006)PRIOR HISTORY: AN APPEAL FROM THE DISTRICT COURT OF TULSA COUNTY. THE HONORABLE REBECCA BRETT NIGHTINGALE, DISTRICT JUDGE.
CASE SUMMARY

PROCEDURAL POSTURE: Defendant appealed a judgment of the District Court of Tulsa County (Oklahoma) convicting him of two counts of first-degree murder in violation of Okla. Stat. tit. 21, § 701.7 (2001), shooting with intent to kill in violation of Okla. Stat. tit. 21, § 652(A) (2001, first-degree arson in violation of Okla. Stat. tit. 21, § 1401, and robbery with firearms in violation of Okla. Stat. tit. 21, § 801 (2001), and sentencing him to death.

OVERVIEW: Defendant was convicted for killing his pregnant girlfriend's parents, attempting to kill his girlfriend, and setting the parents' home on fire. On appeal, the court held that the trial court did not err by admitting into evidence photographs of duct tape and cigarette lighter fluid found at his residence because the facts alleged in the search warrant affidavit set forth probable cause to show that the items were at that location. After listing the crimes and defendant's participation, the affiant stated that, the day after the crimes, he saw items that appeared to be stolen from the victims' residence through defendant's window. The court rejected defendant's claim that the trial court abused its discretion by failing to either grant a mistrial or remove for cause a juror who was inappropriately contacted by a member of the victims' family because defendant failed to preserve the claim by excusing the juror with a peremptory challenge and making a record of which remaining juror he would have excused. The court dismissed defendant's convictions for arson and robbery because it treated defendant's convictions as ones for felony murder, and dismissed the underlying felonies.

OUTCOME: Defendant's convictions for first-degree arson and robbery with a firearm were dismissed. Defendant's other convictions were affirmed.

IN RE: AMENDMENT OF THE RULES OF THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA
[NO NUMBER IN ORIGINAL]
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 9; 132 P.3d 3; 2006 Okla. Crim. App. LEXIS 10
March 23, 2006, Decided
CORE TERMS: verification, signature, printed, verify, denotes JUDGES: CHARLES S. CHAPEL, Presiding Judge, GARY L. LUMPKIN, Vice Presiding Judge, CHARLES A. JOHNSON, Judge, ARLENE JOHNSON, Judge, DAVID LEWIS, Judge.OPINION: ORDER ADOPTING AMENDMENT TO RULE 1.13 Pursuant to the provisions of Section of 1051(b) of Title 22 of the Oklahoma Statutes, we hereby revise, adopt, promulgate and republish portions of Rule 1.13 DEFINITIONS, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2005), by adding the new provision defining verification/Notary Public in Rule 1.13 L as follows: (strikethrough denotes deleted words, bold denotes added words)
L. Verification/Notary Public. For the purpose of these Rules when a Rule or Form requires that a document be verified before a Notary Public or [**4] other person authorized to administer oaths, it shall be sufficient if the person required to verify the document or form complies with the provisions of 12 O.S.Supp.2004, § 426, and verifies utilizing the statutory verification as follows: "I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. (Date and place) (Signature)" with the date [***2] and place printed on the line and the name printed under the signature.
This revision shall become effective on the date of this order.

JONES v. STATE
Case Number: D-2002-534
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 10; 132 P.3d 1; 2006 Okla. Crim. App. LEXIS 9
March 14, 2006, Decided
PRIOR HISTORY: Jones v. State, 2006 OK CR 5, 128 P.3d 521, 2006 Okla. Crim. App. LEXIS 4 (Okla. Crim. App., 2006)
CASE SUMMARY

PROCEDURAL POSTURE: Defendant filed a petition for rehearing and a motion to recall the mandate after the court upheld his first-degree murder conviction and death sentence.

OVERVIEW: Defendant was convicted of first-degree murder and sentenced to death. After the court upheld his conviction and sentence, he filed a petition for rehearing and a motion to recall the mandate. The court found that the evidence supported the State's claim that defendant created a great risk of death to more than one person and posed a continuing threat to society. Further, while defendant made an observation about some of the second-stage evidence, he did not claim, much less attempt to demonstrate, that the introduction of that evidence unfairly prejudiced him. Had he actually developed such an argument, it would have failed. His criminal history was replete with the use and threat of violence. The continuing-threat aggravator was further supported by the nature of the instant offense: his unabashed willingness to use deadly force to obtain property. Any arguably nonviolent offenses did not improperly affect the jury's finding of the continuing threat aggravator, and the balance of the evidence amply supported it. Finally, trial counsel did not deny defendant the right to present a defense by not calling certain alibi witnesses.

OUTCOME: The court granted defendant's petition for rehearing. The court denied his motion to recall the mandate.

STATE OF OKLAHOMA, Appellant -vs- BRIAN KEITH FLETCHER, Appellee
Case Number: S-2005-0632
COURT OF CRIMINAL APPEALS OF OKLAHOMA
2006 OK CR 11; 133 P.3d 339; 2006 Okla. Crim. App. LEXIS 12
April 6, 2006, Decided

CASE SUMMARY

PROCEDURAL POSTURE: Defendant was charged with, inter alia, attempted lewd or indecent proposal to a minor and attempted seclusion for the purpose of lewd molestation, Okla. Stat. tit. 21, § 1123(A)(1) and (3) (2001). A magistrate judge found that the State's evidence was not sufficient to show the crimes alleged were committed within Cleveland County, and the District Court of Cleveland County (Oklahoma) affirmed that ruling. The State appealed.

OVERVIEW: Two of the offenses with which defendant was charged were attempted lewd or indecent proposal to a minor and attempted seclusion for the purpose of lewd molestation. The record submitted to the appellate court arguably reflected that defendant formed the specific intent to commit those charged crimes and purposely engaged in conduct which would have constituted the crimes if the attendant circumstances were as defendant believed them to be. The act of driving to Cleveland County and entering the agreed upon meeting place was evidence of an overt act. Also, the sexual comments and requests to meet for sex were purported to have been generated from defendant's computer in Carter County. Thus, pursuant to Okla. Const. art. II, § 20 and Okla. Stat. tit. 22, § 124 (2001), venue could be proper in either Carter County or Cleveland County. Also, pursuant to Okla. Stat. tit. 22, § 125.1 (2004), because defendant's actions constituted a pattern of criminal activity culminating with his driving to Cleveland County, an argument could be made that venue in that county would be appropriate. Thus, the appellate court found the magistrate erred in dismissing the State's case.

OUTCOME: The appellate court granted the State's appeal, reversed the district court's order, and remanded the case to the district court for further proceedings.

Oklahoma Candidates for U.S. Congress - District 5 Independent

2006-11-07T09:30:00.000-06:00

Matthew Horton Woodson

Oklahoma Candidates for U.S. Congress - District 5 Republican

2006-11-07T09:03:00.000-06:00

Mary Fallin for Congress

Oklahoma Candidates for U.S. Congress - District 5 Democrat

2006-11-07T09:02:00.000-06:00

Dr. Hunter for U.S. Congress :: A Lifetime of Caring for Oklahomans

Oklahoma Candidates for U.S. Congress - District 4 Republican

2006-11-07T09:01:00.000-06:00

Cole for U.S. Congress

Oklahoma Candidates for U.S. Congress - District 4 Democrat

2006-11-07T09:00:00.000-06:00

Hal Spake for Congress

Oklahoma Candidates for U.S. Congress - District 3 Republican

2006-11-07T08:59:00.000-06:00

Frank Lucas for Congress

Oklahoma Candidates for U.S. Congress - District 3 Democrat

2006-11-07T08:58:00.000-06:00

Barton for Congress - Oklahoma's Third District

Oklahoma Candidates for U.S. Congress - District 2 Republican

2006-11-07T08:57:00.000-06:00

Patrick K. Miller (not an official website)

Oklahoma Candidates for U.S. Congress - District 2 Democrat

2006-11-07T08:54:00.000-06:00

Boren for Congress

Oklahoma Candidates for U.S. Congress - District 1 Independent

2006-11-07T08:53:00.000-06:00

Bill Wortman for U.S. Congress

Oklahoma Candidates for U.S. Congress - District 1 Republican

2006-11-07T08:51:00.000-06:00

Congressman John Sullivan - Oklahoma's First District

Oklahoma Candidates for U.S. Congress - District 1 Democrat

2006-11-07T08:50:00.000-06:00

Alan Gentges for U.S. Congress

Oklahoma Election Information November 7, 2006

2006-11-07T08:31:00.000-06:00

All of the following websites and more can be found at the Oklahoma State Election Board website.
See unofficial results for all elections at General Election — November 7, 2006.
See complete ballot text of all State Questions at State Questions for General Election — November 7, 2006 (PDF).
See General Election candidates for all federal, state, legislative and judicial races at Candidates for General Election — November 7, 2006 (PDF).
See the official list of candidates for federal, state, legislative and judicial offices at Candidates for State Elective Office — 2006.

See the Offices to Be Filled.
See the Qualifications for Officers to Be Elected in 2006.
See the Roster of Oklahoma State and County Officers.

State PERB rules in union’s favor

2006-07-14T12:40:00.000-05:00

The bid by city of Enid employees to form a union, ongoing since 2003, came closer to fruition Thursday.

After an hour-and-a-half hearing Thursday morning, the three-member Oklahoma Public Employees Relations Board (PERB) voted unanimously to allow union membership cards submitted in 2004 by non-uniformed city employees to stand, rejecting a request by Enid city officials that new membership cards be filled out this year.

PERB’s administrative clerk was in the process late Thursday of counting the 2004 union cards and comparing the signed cards to a list of city employees. If the count determines more than 50 percent of the city’s non-uniformed employees want to join a union, American Federation of State, County and Municipal Employees (AFSCME) will be certified as bargaining agent.

If PERB certifies the union, City Attorney Carol Lahman said, the city will “await a letter from their representatives asking to begin bargaining. Then we will begin talking about non-economic issues, since we have the budget set up for this year.”

In 2003, Oklahoma Legislature passed a law allowing non-union employees in communities of 35,000 or more to collectively bargain. Because the city challenged the law, no action was taken by PERB on the membership cards submitted by workers in 2004. In July 2005, the state Supreme Court ruled the population limit made it special legislation, and therefore illegal. However, the court reversed itself in March and ruled the law was constitutional. That’s when Enid officials decided to drop their legal fight.

“When the employees filed those cards in 2004, the city stopped the clock by filing a lawsuit,” said Blaine Rummel, spokesman for AFSCME in Oklahoma. “When the clock is stopped and the referees are deliberating, you can’t move the ball 20 yards downfield and restart the clock. That’s what the city of Enid was trying to do.”

If PERB certifies the union, said Enid City Manager Jerry Erwin, the city will proceed with negotiations.

“Once the certification comes down from PERB the city council and the city will begin work,” said Erwin. “That work is negotiation and writing up a contract. It will take some time to do that. We will start from scratch, from ground zero.”

Lahman presented the city’s arguments before the three-member PERB, while Norman employment law attorney Sue Wycoff represented AFSCME and city employees.

“I kind of expected this,” said Enid Mayor Ernie Currier of the PERB’s’ ruling. “I can’t say I am surprised. That is the way they decided, and we will certainly live with it.

“Some municipal workers are accusing us of still doing battle. That’s not what we’re doing. We are doing due diligence, making sure it happens the right way.”

Erwin said the PERB’s decision, even though it didn’t go in the city’s favor, came as something of a relief.

“We have been up and down and all around,” said Erwin. “We are just kind of pleased to get it all behind us.”

Source: EnidNews.com
By Jeff Mullin Senior Writer

Judge Thompson Convicted

2006-07-11T10:39:00.000-05:00

A former Oklahoma judge was convicted late Thursday of exposing himself by using a sexual device while he presided over court cases.

A Creek County jury found Donald Thompson, 59, guilty on four counts of indecent exposure and recommended one year in prison and a $10,000 fine on each count. The investigation into Thompson's actions began after a police officer saw a penis pump in the judge's courtroom. The charges involved four jury trials in 2002 and 2003. Thompson's former court reporter, Lisa Foster, testified she traced an unfamiliar sound in the courtroom to her boss. She testified she saw Thompson expose himself at least 15 times.

Thompson, who served for more than 20 years on the bench in eastern Oklahoma before his retirement in 2004, denied using a penis pump and said it was a gag gift.

Thompson was ordered into custody on $75,000 bail, which his lawyers said would be posted Friday. Thompson's formal sentencing is scheduled Aug. 14.

Prosecutor Patricia High said she was pleased with the outcome.

"The same justice system that he abused held him accountable."

Defence lawyer Clark Brewster did not speak with reporters.

The conviction will require Thompson to register as a sex offender, which could jeopardize his $7,489.91-a-month pension from the state.

Civil rights groups oppose 10th Circuit nominee

2006-06-20T13:33:00.000-05:00

Several civil rights organizations are opposing the nomination of an Oklahoma City attorney to a seat on the U.S. Court of Appeals for the Tenth Circuit.

In a letter this month to the Senate Judiciary Committee, the groups called Jerome Holmes a "longstanding and outspoken critic of affirmative action."

Among those who signed the letter were the Leadership Conference on Civil Rights, the NAACP Legal Defense Fund, the Alliance for Justice, the Lawyers' Committee for Civil Rights Under Law, the National Urban League and the Mexican American Legal Defense and Educational Fund.

The 44-year-old Holmes served as a federal prosecutor in Oklahoma City from 1994 to 2005. He was nominated by President Bush last month for a seat on the Denver-based court.

The court hears appeals from courts in Oklahoma, Colorado, Utah, Kansas, New Mexico and Wyoming.

He would be the first black judge on the circuit court.

Thompson trial once again faces a delay

2006-06-14T14:47:00.000-05:00

By BOB SHERRILL
Herald Staff Writer

BRISTOW –– The trial of former judge Donald Thompson has once again been delayed.

Shortly after 9 a.m. this morning, Comanche County District Judge C. Allen McCall dismissed jurors until 1:30 p.m. Monday while a judge appointed by the Oklahoma Supreme Court decides whether McCall will hear arguments on the fifth count against Thompson, misuse of a state computer.

Pottawatomie County District Attorney Richard Smothermon continued to argue that McCall should hear all five counts against Thompson, but he admitted if the trial has to continue with only four counts, he is ready to proceed.

Smothermon called today’s events “another delay tactic by the defense.”

“I’m tired. The delay by counsel has cost the state well over $10,000, and that doesn’t include our time, as well,” Smothermon said, adding the case needs to be resolved.

Defense attorney Clark Brewster maintains the fifth count is “nothing more than pure character assassination of Judge Thompson.”

The second issue that arose Tuesday concerning the constitutionality of the fifth count is before the state Appeals Court. That decision could take several days.

The often delayed trial hit another glitch Tuesday. Following a heated exchange with McCall, Brewster filed a motion requesting McCall disqualify or recuse himself from hearing the fifth charge, which is a misdemeanor offense.

McCall said since the Oklahoma Supreme Court appointed him to the case, the motion should be heard by possibly the Oklahoma State Court of Criminal Appeals.

The defense then scrambled out of the courtroom and headed for the phones to contact the administrative offices of the state Appeals Court for a ruling.

Late Tuesday, McCall said he intended to proceed with opening statements at 9 a.m. today unless he had word from the Appeals Court to stop.

“If I get a call to hold up, we will wait,” he said. “That could be a delay of just hours or a day or something longer.”

Smothermon argued the judge could not separate the misdemeanor count from the four felony counts. He said McCall did not have the option to try the misdemeanor count separately and that McCall must try either all five or none of the charges.

Smothermon said it was his role as district attorney to decide whether the infraction was of such a nature that it would call for criminal charges.

“That is where my office steps in. We have to determine if the offense reaches a level where charges should be filed,” Smothermon said. “That’s our job.”

Smothermon said prosecutors are not going to file charges against a state worker simply because he had used the computer to e-mail a message to a friend.

Brewster claimed in his motion McCall was biased and was not qualified to hear the fifth count because of the anger the judge displayed in a hearing earlier Tuesday.

In that hearing, McCall took exception to Brewster’s claim that every Oklahoma judge was in violation of the law, and McCall abruptly told the attorney he was overruling the motion and to sit down.

Brewster continues to claim the law about misuse of a state computer is vague and unconstitutional. He said any private use of the state computer was a violation –– even the fact McCall had the Bass Pro Shop Web site on his state computer in Lawton.

Despite the clouds of doubt over the trial, a five-man, seven-woman jury and two alternates were selected and were instructed to return to the courtroom at 9 a.m. today.

“I am a trial judge, and I do believe it is my job to try cases and not to determine if a law is constitutional,” McCall said.

Thompson also is charged with four counts of indecent exposure stemming basically from two chief witnesses.

The defense has been protesting the filing of the misdemeanor count almost from the time it was first filed in 2005.

But the defense has filed a parade of motions designed to block prosecution of the misuse of state computer charge and up to now all have been overruled.

Since the original three counts of indecent exposure were filed, the defense has been successful postponing a jury trial at least twice.

Initially the trial was scheduled for September 2005 and was delayed once again in November 2005.

Brewster also was successful in delaying a preliminary hearing from December 2005 to January 2006 with the selection of a new associate district judge by the Oklahoma Supreme Court.

Prosecutors have stated in court documents the introduction of evidence in the fifth count –– which includes photographs and e-mail messages with Thompson’s female business partner –– were vital by providing collaborating evidence.

Brewster said the salacious photographs of the judge found on the state computer would create a bias against Thompson in the minds of jurors.

Without the misuse of state computer count, Brewster believes the state would have a difficult time getting the obscene photographs introduced into the indecent exposure trial.

Source: Sapulpa Daily Herald

Senate Panel Approves Caitlin's Law

2006-02-22T11:48:00.000-06:00

The family of Caitlin Wooten asked a Senate panel today for support of The Caitlin Wooten Act. Shortly after hearing testimony from Donna Wooten, Caitlin’s mother, Senate Bill 1037 was approved by a unanimous vote in the Senate Judiciary Committee.
Paddack, an Ada Democrat and author of the measure, said the law seeks to protect Oklahoma families and communities from senseless acts of violence.
"It takes courage to turn tragedy into triumph," Paddack said. "This family has shown great courage throughout this process. I am proud that this bill is one step closer to becoming law since it passed with overwhelmingly bi-partisan support today. It will honor the memory of Caitlin Wooten and help us create a safer Oklahoma for all our families."
Paddack said SB 1037 contains three major reforms that are tough on crime and smart for Oklahoma families. The bill is aimed at strengthening bail laws by requiring persons charged with a violent crime to prove they are not a public danger before they may post bail. It also beefs up victim protection order (VPO) laws in Oklahoma to mirror federal VPO laws.
Finally, the bill will allow for an electronic notification system, called Victim Identification and Notification Everyday (VINE) to be put into place statewide in order to notify victims when offenders move throughout the criminal justice system.
"This bill will not bring back my daughter," Donna Wooten, mother of 16-year-old Caitlin, said. "But if it protects just one Oklahoma family from going through what my family has suffered, if it can help create a safer Oklahoma , then this bill is the greatest thing we could ever do to honor the memory of Caitlin."
Senator Paddack began working with members of Caitlin’s family shortly after the teenager was murdered by Jerry Don Savage. She knew after learning of Caitlin’s tragic death, as a lawmaker she must work to change the laws to prevent another family from being ripped apart by a senseless act of violence.
"I told this family that I didn’t know where this journey would take us, but we would certainly take that journey together," Paddack said. "So today we stand here together one step closer to making The Caitlin Wooten Act a reality. It’s the right thing to do and I applaud the members of the judiciary committee for their support of this bill and I commend this family for the dedication they have for making a difference in the lives of so many Oklahomans."
Paddack said because of the unanimous approval of the measure today, she expects the bill to make it through the legislative process without any problems.
"I can’t imagine this bill being held up for political purposes because I believe every legislator in this building wants to do their part in preventing another family from suffering a loss like the one of Caitlin," Paddack said. "SB 1037 is tough on crime and it is a strong bill for Oklahoma families and Oklahoma communities."
Paddack said she will work diligently with House and Senate leaders as the bill works its way through the legislative process.
"Caitlin’s Law sends a strong message to those who think they can get away with hurting Oklahoma families," Paddack said. "It sends the message that Oklahoma will not tolerate this sort of senseless violence because we believe in protecting Oklahoma families and our communities."

Senator Jim Inhofe Files Bill To Protect Oklahoma And Close Dallas' Love Field

2005-12-05T08:51:00.000-06:00

OKLAHOMA CITY (AP) _ An Oklahoma senator has filed legislation to lessen the impact on Oklahoma of a new law that allows American Airlines to offer flights out of Dallas' Love Field airport.

President Bush signed a bill that is a compromise in the fight over the Wright Amendment, which limits flights from Love Field to a 9-state area, including large markets in Missouri.

The amendment was meant to protect the Dallas-Fort Worth Airport from having to compete with Love Field in the late 1970s.

Senator Jim Inhofe says the new bill will have an adverse effect on service from American and Southwest. Inhofe says Southwest will no longer be forced to stop in Oklahoma for its longer flights.

Source: http://www.kotv.com/main/home/stories.asp?whichpage=1&id=94769

Inhofe has filed legislation to close Love Field to commercial traffic in three years.

He says it's meant to protect service in Oklahoma and the 8,000 jobs at American's Maintenance and Engineering Facility in Tulsa.

System tracks sex offenders

2005-12-01T12:09:00.000-06:00

Garfield County is home to 69 verified registered sex offenders, placing us ninth among the state’s 77 counties.The key word here is verified. There are 64 verified registered sex offenders in Enid alone, although Capt. Nathan Morris of the Enid Police Department says that number might be closer to 90.Police are doing what they can to track sex offenders, becoming more aggressive in filing charges against offenders who fail to register or follow guidelines outlined in the state’s Sex Offender Registration Act. Keeping track of these individuals, Morris said, is nearly a full-time job.The state Department of Corrections has a Web site that attempts to keep track of all registered sex offenders. The state’s Oklahoma Sex and Violent Crime Offender Registry Web site — which can be accessed under “offender information” at www.doc.state.ok.us — allows anyone with Internet access to search by name, address, city, county and zip code for sex offenders registered with their area’s law enforcement agency.The system is not perfect, with the site recently listing 1,027 “delinquent” offenders, but does a better than adequate job of tracking registered sex offenders and their movement.Offenders are required to notify local law enforcement agencies and DOC every 90 days to confirm information regarding their residence. Offenders also are required to notify law enforcement three days before they move. Habitual and aggravated offenders are required to register for their lifetime and all other sex offenders are required to register for 10 years following the expiration of their sentence, according to the DOC Web site.Just because a sex offender lives in your neighborhood is no reason to live in fear. Garfield County Assistant District Attorney Mike Fields says predicting whether or not a convicted sex offender will offend again is “difficult, if not impossible.”Regardless, the DOC’s Web site helps keep the general public informed about the whereabouts of registered sex offenders.Convicted sex offenders who have served their jail time, who register with law enforcement and who obey the law, should be allowed to live in peace. Those who fail to follow the rules of society, however, should be sought and prosecuted to the fullest extent of the law.
Source: http://www.enidnews.com

Attorneys threaten to refuse death row cases

2005-11-23T10:46:00.000-06:00

By Robert Boczkiewicz
Correspondent
DENVER - Oklahoma attorneys who represent death row inmates are warning they will refuse to take some of those cases unless an appeals court comes to their rescue.
At issue is whether the attorneys will be compensated for representing inmates in clemency hearings and 11th-hour court proceedings, such as stays of execution, after regular appeals are exhausted.
The state of Oklahoma does not pay attorneys to represent indigent inmates awaiting execution for those types of cases. U.S. District Judge Terence Kern in Tulsa ruled last year that neither would the federal government pay.
Attorneys who specialize in death row cases say the ruling will leave inmates, many with little education, "left to beg" by themselves for why they should serve life prison terms instead of being executed.
State prosecutors would then have the process stacked in their favor, the attorneys contend in written arguments at the Denver-based 10th U.S. Circuit Court of Appeals.
If the appellate judges do not overturn the lower-court ruling, they should order the state of Oklahoma to stop executing inmates "until such time as the state adequately funds clemency representation," wrote one of the attorneys, Steven Presson of Norman.
He and his law partner, Robert Jackson, warned of consequences if the judges don't order a change.
"The private attorneys currently on the special death penalty panel will no longer accept appointments for capital habeas corpus cases anywhere in Oklahoma because of the certain substantial financial harm to their practices, harm which could force small private (law) firms into bankruptcy," Presson wrote.
In habeas corpus cases, inmates allege violations of federal constitutional rights to a fair trial after normal appeals have been exhausted.
There are 34 attorneys in the state approved by the chief federal judges in Oklahoma City, Tulsa and Muskogee to be on the panel, said Susan Otto, head public defender for the federal court in Oklahoma City. She oversees the statewide panel.
There were 54 habeas corpus cases of Oklahoma death-row inmates in the most recent fiscal year, she said.
In a "friend of the court" written argument, Otto sided with Presson, calling the appeal "a question of exceptional importance."
She said the public defenders as well as the private attorneys "will be prohibited from clemency proceedings" if the appeals court allows Kern's ruling to stand.
The appeals court is taking the rare step of having all 12 full-time judges consider the matter. Normally the court functions in three-judge panels.
"The Oklahoma Pardon and Parole Board is on record as stating that it is extremely important for both sides -- the state and the condemned inmate -- to be represented by counsel at the clemency hearings," Jackson and Presson told the appellate judges.
Prosecutors are represented by "a well-funded attorney general's office which routinely brings victims' families to the hearings to plead for the execution of the inmate," Presson wrote.
Kern's decision is contrary to federal law, which mandates federal funding, and contrary to past practices of other federal judges in Oklahoma, according to Presson and Otto.
They cite a law that says attorneys appointed to represent an inmate sentenced to death "shall represent the defendant throughout every subsequent stage of available judicial proceedings ... together with applications for stays of execution ... and proceeding for executive or other clemency."
Kern denied Presson's and Jackson's request to confirm their reappointment to represent Scott Allen Hain for his clemency hearing. They sought $12,515 for that work.
Hain, then 17, and co-defendant Robert Lambert were convicted of the October 1987 burning deaths of Tulsans Michael Houghton, 27, and Laura Lee Sanders, 22. The victims were abducted from behind a Tulsa bar and robbed, then placed in the trunk of a car and driven to Creek County, where the car was ignited.
In denying payment to Jackson and Presson, Kern concluded, "Congress never intended for the federal government to pay attorneys for a state court defendant to pursue remedies sought in state proceedings. The state ought to shoulder the burden."
Although the appellate judges in 2003 stayed Hain's execution to consider whether attorneys will be paid for clemency work, the U.S. Supreme Court allowed Hain to be executed before the judges in Denver took up the issue.
This year, the Supreme Court barred the execution of people who were under 18 when they committed the crime.
Otto said federal judges in Oklahoma have authorized taxpayer funding for attorneys to represent 47 death row inmates in clemency hearings the past 10 years.
Speaking for the other side, Assistant U.S. Attorney Kevin Danielson of Tulsa argued the context of the law shows it applies only to proceedings in federal court, not state clemency hearings.
He cited a 1994 decision by the appellate judges that said "federal courts should not be required as a routine matter to fulfill the state's obligation to provide an adequate and effective" appeal for indigent criminal defendants.
"Because Oklahoma created the right to a clemency hearing, it is Oklahoma's responsibility to fund legal representation for the inmate seeking clemency if it wishes to do so," Danielson wrote. "It is not the responsibility of the federal government."
Source: http://www.newsok.com/article/1685689/

University Of Tulsa Law Students Win National Health Law Moot Court Competition

2005-11-21T07:10:00.000-06:00

Students from the University of Tulsa College of Law captured first and second place at the 14th annual National Health Law Moot Court Competition.The competition was hosted by Southern Illinois University. TU's victories marked the first time in the history of the national competition that the same law school had both teams advance to the final round.Third-year law students Jason Lile and Bryan Harrington captured first place, while the team of second-year students Wendy Higgins and Jaimee Reid took first runner-up.Lile was awarded the national "Best Overall Oralist" award and will receive an individual $500 scholarship.

Extra Time in the Name of Larry Bird

2005-10-21T07:39:00.000-05:00

A 27 - year - old man demanded extra prison time because he wanted to honor his basketball hero, Larry Bird.
A lawyer for Eric James Torpy reached a plea agreement with Oklahoma City prosecutors for a 30-year jail term on two charges of shooting with intent to kill and one count of a weapons violation, Oklahoma County District Judge Ray Elliott said.
Torpy then insisted on getting 33 years to match the uniform number Bird wore when he led the Boston Celtics to three National Basketball Association championships during the 1980s, Elliott said.
"He said if he was going to go down, he was going to go down in Larry Bird's jersey,'' said Judge Elliot. The judge accommodated his request.
"We accommodated his request and he was just as happy as he could be."
"I've never seen anything like this in 26 years in the courthouse. But I know the DA is happy about it.''

Lawmaker Calls for Harsher Punishment

2005-09-30T11:16:00.001-05:00

State Rep. Paul Wesselhoft said today he will author legislation to increase the punishment for threatening elected officials.After receiving an anonymous death threat on his home answering machine from an individual upset with a piece of legislation, Wesselhoft believes the Legislature needs to harden punishment for these criminals.“Lawmakers sometimes propose legislation of a controversial nature and expect robust public debate,” said Wesselhoft, R-Moore. “However, there are numerous civil ways to conduct debate and defeat legislation without resorting to death threats.”Currently, Oklahoma law fines those who attempt a violent act or threat against an elected official or public officer. The crime is currently a misdemeanor.The Moore lawmaker wants to increase the penalty to no less than 90 days imprisonment in a county jail or a fine between $500 and $1,000.“The public needs to be assured that if anyone threatens the life of a legislator or any elected official, that person will serve at least 90 days in jail,” said Wesselhoft. “My job is to represent my constituents’ needs and these individuals are impeding that process making it hard for those Oklahoma citizens who truly want to their concerns to be heard.”

Lawmaker Appointed as Coordinator

2005-09-30T11:16:00.000-05:00

State Rep. Sally Kern has been appointed to lead an effort by the Oklahoma House of Representatives to give Oklahoma students the chance to learn about government from their own state representatives.Kern, R-Oklahoma City, is heading up the House’s America’s Legislators Back to School Program, which is being coordinated in part with the National Conference of State Legislatures.According to the NCSL Web site, the program encourages elected officials in all 50 states to meet personally with young constituents and answer questions, share ideas, listen to concerns and impart a greater understanding of the legislative process.“As a former high school teacher, I know this is a fantastic program for our students to learn about Oklahoma’s and our nation’s political process first-hand from their state legislators,” said Kern.More than 1,600 legislators participate each year in the program. The program is coordinated annually during the third week of September with legislative coordinators from each state organizing the event.The NCSL asks that each chamber in each state Legislature appoint a coordinator for the program. The coordinator encourages and facilitates member involvement in the program.Kern was appointed to the position by House Speaker Todd Hiett who considered her the right person for the job because of her background teaching government for 20 years.
Kern already is gearing up for the 2006 program by attending the NCSL’s Legislators Back to School Training Conference in Dallas on October 7-10.“I am looking forward to gaining more insight into this program so Oklahoma’s program can become better,” said Kern.The Back to School program was introduced in 1999 by NCSL as a one-day event. That one day was such a great success and so well-received by legislators and schools that it turned into a one-week event in 2001.A study conducted by www.civicyouth.org showed that in the 2004 election, 47 percent of the 18 to 24-year-olds exercised their right to vote, which is up from 33 percent in the 2000 election. The Legislators Back to School Week emphasizes the importance of involvement and the value of a representative democracy.“This program is designed to reach all students at all levels from K-12th,” said Kern, R-Oklahoma City. “I want all Oklahoma students to become more active in their state government.”Kern plans to kick off the 2005 House Back to School Program during the first week of November.“I am very excited to get this program started,” said Kern. “We have many different tools including videos, handouts and others to make this a fun learning experience for all.”

Worthen Sentenced in OCAST Case

2005-09-30T11:13:00.000-05:00

A former Oklahoma Center for the Advancement of Science and Technology (OCAST) employee entered a blind plea today in Oklahoma County District Court to 22 counts of filing false time sheets, Attorney General Drew Edmondson said.
Geneva Faye Worthen, OCAST’s former director of administration and personnel, was ordered to pay a $2,200 fine, court costs and restitution, the amount of which will be set at an Oct. 12 hearing. She also was ordered to forfeit her state retirement.
Worthen, 57, was indicted April 14, 2004, by the state’s Multicounty Grand Jury on 22 counts of making a false, fictitious or fraudulent claim for submitting 22 fraudulent time sheets. The indictment alleged she received more than $28,000 in pay for 885.5 hours she did not work.
The grand jury also indicted Worthen on three counts of witness intimidation. According to the indictment, Worthen allegedly filed a lawsuit against three people scheduled to testify before the grand jury “with the intent to prevent the witness from appearing in court to testify or to make said witness alter ... testimony ....”
Worthen today agreed to dismiss her lawsuit with prejudice, and at her cost, in exchange for the state dismissing the witness intimidation charges.

Bush Nominates Payne to the 10th Circuit

2005-09-30T09:16:00.000-05:00

President Bush on Thursday nominated James Hardy Payne, a federal district judge for Oklahoma, to serve on the 10th U.S. Circuit Court of Appeals.
Since 2001, Payne has been a judge on the U.S. District Court for the northern, eastern and western districts of Oklahoma. Bush nominated Payne, a native of Lubbock, Texas, to that bench.
Payne graduated from the University of Oklahoma in 1963 and earned a law degree from the university in 1966.
After college, Payne served in the Air Force until 1970.
He worked the next three years as an assistant U.S. attorney in Oklahoma and then was in private practice in the state until 1988 when he became U.S. magistrate judge for the U.S. District Court for the Eastern District of Oklahoma.
The appointment is subject to the Senate's approval.

Paddack to Examine Laws after Murder/Suicide

2005-09-28T10:34:00.000-05:00

State Sen. Susan Paddack, D-Ada, wants to examine whether stronger laws could have prevented a murder-suicide involving a 16-year-old Ada girl.
The bodies of Caitlin Elizabeth Wooten, 16, and Jerry Don Savage, 47, were found Saturday morning in a partially wooded area southwest of Ada. Authorities believe Savage abducted Wooten from Ada High School Friday afternoon, shot the girl and then killed himself.
Sen. Paddack, said the south-central Oklahoma community is still reeling from the shock of the tragedy and is beginning to ask questions about how it could have happened.
"The people in this community are outraged," Paddack said. "The talk of this community is about what we can do to make sure something like this doesn't happen again.
"Because if it happens in Ada, it can happen anywhere."
Savage, an employee with the Oklahoma Department of Transportation, had been released on bond from the Pontotoc County jail on Aug. 30 after prosecutors say he kidnapped Caitlin's mother, Donna Wooten, and threatened to kill her.
"(Donna Wooten) came home from taking her kids to school to get ready to go to work, and he was inside her house," said Pontotoc County Assistant District Attorney Chris Ross. "He took her at gunpoint in her vehicle ... and threatened to kill her."
Ross said Savage also had a "kidnap kit," a bag that included ammunition, duct tape, handcuffs, binoculars, a knife and other items.
Tipped by friends of Donna Wooten who became concerned about her whereabouts, law enforcement officers were able to locate Savage and arrest him.
He later was charged with burglary, kidnapping and two felony weapons charges, Ross said. A judge set Savage's bond at $200,000, but he "bonded out" the next morning, according to Pontotoc County Undersheriff Joe Glover.
"That's really on the high end of a bond amount," Ross said, adding that when bond is set that high, a defendant is "usually not going to see the light of day."
That same day, Donna Wooten obtained a protective order against Savage and left town. Wooten's children, including Caitlin, reportedly were staying with their grandparents in Ada.
Susan Krug, the chief of the victim's services unit in the Attorney General's Office, said in this case, it appears the mother took all the right steps.
"It sounds like in this case, she had a safe place to go ... she reported it and made sure her children were safe," Krug said.
"But this man obviously went off the deep end. There's no law that you can create to stop that. You put strict penalties in place, you give prosecutors tools to work with, but nothing is ever going to keep a twisted person like this from doing something so bizarre."
Paddack said she doesn't know what kind of legislation is needed, but that she plans to ask questions and find out what can be done. She said she plans to examine how bond amounts are set and whether any screening can be conducted to determine whether a defendant poses a threat to society.
"I'm not saying I have the answers, but I plan to ask questions to find out," Paddack said.
"We should not allow these violent individuals to be put back on the streets and harm innocent people in our community."

95% Pass Rate For OU Law Students

2005-09-27T12:07:00.000-05:00

The University of Oklahoma College of Law recently announced 95 percent of its graduates who took the July 2005 Oklahoma Bar Exam passed the test. Of the first-time takers from OU, 97 percent passed. A total of 364 people who earned law degrees from 45 different schools took the two-day exam, and the overall passage rate was 84 percent."While we all know that a sound legal education is a lot more than just the ability to pass bar exams, these exams are the only objective tests of the effectiveness of our educational efforts," said Dean Andrew M. Coats."A 97 percent passage rate for first-time takers is truly remarkable. When coupled with the results from the February 2005 Oklahoma Bar Exam, which were 100 percent for first-time takers, it is another extraordinary achievement and is most gratifying."Oklahoma Bar Association statistics indicated the following passing rates: 79 percent for graduates of law schools outside Oklahoma, 82 percent for University of Tulsa graduates and 75 percent of those from Oklahoma City University.The Oklahoma Bar Exam is given twice each year and is required for admission into the Oklahoma Bar Association. An applicant cannot practice law until all requirements are successfully met, the Oklahoma Supreme Court has issued an order for admission, the applicant has taken the Oath of Attorney and signed the Roll of Attorneys.The admission ceremony will be 2 p.m. Tuesday at St. Luke's United Methodist Church in Oklahoma City.The OU College of Law's class of 1995 will have a 10-year reunion Oct. 22 on the second floor of the Boren Atrium. Tours of the college will begin 10:30 a.m., followed by a barbecue lunch at noon. The cost is $15 per adult, $5 per child.Source: http://www.normantranscript.com/localnews/local_story_269003730

Land Rights Spur New Tax Petition

2005-09-27T12:04:00.000-05:00

By RON JENKINS
Associated Press Writer
OKLAHOMA CITY (AP) - An organization once headed by U.S. Sen. Tom Coburn is among those backing a plan to roll back state government through Colorado-style restrictions on legislative spending.Oklahomans for Action was formed in Tulsa to lead an initiative petition drive after input from the Illinois-based Americans for Limited Government, according to state Sen. Randy Brogdon.Brogdon said other national groups expressed interest in the petition drive, including the Washington, D.C.-based Americans for Prosperity, which also is devoted to reducing the size and scope of government.It was announced last week that Oklahomans for Action will circulate a petition asking voters to adopt a plan similar to Colorado's taxpayer bill of rights, or TABOR.People gathering signatures for the petition will also be getting signatures for a second initiative, which would protect private landowners from losing property to government agencies exercising their power of eminent domain.The Colorado plan, adopted in 1992, created a political firestorm in that state. In November, Colorado voters will go to the polls to decide whether to suspend TABOR.Critics say TABOR and a separate law that simultaneously guarantees increases in education spending have put Colorado in a fiscal crunch, where programs can't be properly funded and cuts are being forced in higher education, health care and other services. Bill Owens, Colorado's Republican governor, backs suspension of TABOR.A group of Oklahoma House Democrats have urged voters to be cautious about signing the TABOR petition, saying it would harm education, health care and restrict funding of highway maintenance."Under TABOR, Oklahoma could not double our spending to improve the safety of roads and bridges as Republicans leaders proposed," said David Blatt of the Tulsa-based Community Action Project, which focuses on programs that help low-income citizens. "Under TABOR, we would not be able to improve the quality of our public education."Supporters of the initiative petition said opponents are using scare tactics. They said the proposal would allow for adequate state spending increases tied to inflation and population growth.Americans for Limited Government was formed in 2001 and is headquartered in Glenview, Ill., a Chicago suburb.Coburn, the conservative Oklahoma senator elected in 2004, is listed on the group's Web site as chairman emeritus.John Hart, the senator's spokesman, said Coburn helped form the group and was its chairman after leaving Congress in 2001 before running for the Senate last year. Hart said Coburn has no current role in the organization or the petition drive.Americans for Limited Government lists as "partners" the Club for Growth State Action, US Term Limits and two organizations that promote home schooling and tax credits for parents who want to send their children to private schools - the Parents in Charge Foundation and LEAD Action.Listed on the Web site as "resources" for Americans for Limited Government in Oklahoma are the Oklahoma Council of Public Affairs, a conservative think-tank, and Hero Oklahoma, a home schooling support group.Brogdon, R-Owasso, said Americans for Limited Government "showed interest in an initiative petition" after hearing his TABOR resolution had been sidetracked in the Senate."From what I understand, that is a local issue," Heather Wilhelm, spokeswoman, said of the Illinois group's involvement in the Oklahoma petition drive.Brogdon said the Oklahoma TABOR plan is different from Colorado's and will not cause budgetary problems that have arisen in that state.The plan, he said, would abolish the state's Rainy Day Fund and create "a true emergency fund" equal to 5 percent of the state budget. It would require a three-fourths vote of the Legislature to tap the fund, instead of the current two-thirds.The fund could only be used for emergencies such as those caused by natural disasters, Brogdon said.It also would create a budget stabilization fund equal to 10 percent of the state budget to handle revenue shortfalls.Spending would be limited to a combination of population growth and the inflation rate. Brogdon said that was just over 3 per cent last year, but state spending increased by 12 percent.In years when there are big surpluses, the senator said, one half the excess would be placed in the budget stabilization fund and the rest would go back to individual taxpayers in the form of rebates.He said the amount of the rebates would vary, depending on how much income taxes are paid in or are owed.In other words, Brogdon said, wealthier taxpayers would get the biggest rebates because they had the biggest tax liability. "It's about as fair as it can be," he said.The plan differs sharply from a tax rebate plan proposed by Democratic Gov. Brad Henry and approved by lawmakers during the 2005 session.Under that proposal, rebates estimated at $45 will go out to all individual taxpayers, with couples who file joint returns getting $90."I call that Gov. Henry's Christmas card," Brogdon said.
Source: http://www.pryordailytimes.com

Oklahoma Man Wins $10 Million Judgment Against a Spammer

2005-09-27T12:01:00.000-05:00

On Thursday the 22nd, Robert Braver, an Oklahoma ISP owner who is a long time activist against both spam and junk faxes, received a default judgment of over $10 million against high profile spammer Robert Soloway and his company Newport Internet Marketing. Soloway has frequently been cited as one of the ten largest spammers in the world.
Braver originally filed his case in state court, but Soloway moved the case to Federal court earlier this year. Soloway was initially represented by attorneys, but the attorneys withdrew from the case and since then, although Solway said he'd be representing himself, he hasn't responded in the case, although he has been actively sending comments about it to usenet and mailing lists.
The decision is based both on the Federal CAN SPAM act and Oklahoma law. Based on Braver's having received Soloway's spam on about 200 separate dates, and that the spam breaks two separate Oklahoma laws both of which provide for $25,000/day in damages, the total comes to $10,075,000. The decision further forbids Soloway from future violations of CAN SPAM.
Microsoft also won a judgment against Soloway, but Braver's is considerably broader in that it has the CAN SPAM injunction. While it is unlikely that Braver will ever collect any of his $10 million, since Microsoft already has gotten whatever there is to be gotten, if Soloway violates the injunction, he could be jailed for contempt. We have heard reports that Soloway is still sending spam that violates CAN SPAM, so more legal action in the near future appears likely.
Details of the case including a copy of the decision and other documents are available on a website that Braver set up.
This case points out how difficult it is to use current laws against spammers. Braver is a uniquely diligent plaintiff, and pursued the case at the cost of considerable time and expense to himself. A less determined and experienced plaintiff might wall have abandoned the effort, not for lack of a strong case, but because the process of suing spammers in Federal court is so slow and expensive.
The junk fax law (the TCPA, 47 USC 227) permits individual recipients to file suit in state courts, which is much cheaper and quicker.
Souce: http://www.circleid.com/article/1215_0_1_0_C/
By John Levine

Lawler Seeks Solutions to Rising Energy Costs

2005-09-07T09:28:00.000-05:00

State Senator Daisy Lawler said she will work with Senate leaders to conduct an energy summit where stakeholders can share ideas at a state level on how to address the skyrocketing energy costs.
“I believe it is imperative that we expand refinery capacity here in Oklahoma,” Lawler said. “The energy summit will allow experts to come together and roll up their sleeves to help bring solutions to working families in Oklahoma.”
She also supports a three-month suspension of the state tax on gasoline and diesel fuel to help provide emergency relief for Oklahomans struggling to afford to put gas in their cars.
“For those who live paycheck to paycheck and those Oklahomans on a fixed income, these extremely high gas prices are devastating,” Lawler (D-Comanche) said. “These fuel prices weaken families’ ability to afford life saving medicine or even get to their jobs.”
Last session Lawler authored a resolution calling on President Bush and Congress to investigate the skyrocketing price of gasoline. She also supported a measure that provides incentives for energy exploration companies to drill new deep wells in search of new sources of natural gas.
“As a nation, we have to look at ways to help the United States become less dependent on foreign oil sources and that is why it is so very important to implement policies such as the one that passed the Oklahoma Legislature last year that gives energy companies an incentive to explore for more oil and gas right here in Oklahoma,” Lawler said. “I am confident the legislative action taken last session will increase the supply of domestic energy sources and encourage drilling activity in Stephens and Grady counties resulting in an increase in not only more jobs but also higher paying jobs for our citizens.”
Lawler said that high energy costs will shortly begin to have an adverse affect on Oklahoma’s economy if state and local leaders don’t do their part to give working families and small business owners the relief they so desperately need.
“Last week we saw the price of gas jump more than 40 cents a gallon in a matter of 48 hours, and that is absolutely devastating to small business owners and working families trying to make ends meet,” Lawler said. “That is why it is imperative that at a state level we do everything we can to help address these skyrocketing fuel costs.”
For more information contact:Senator Lawler's Office - (405) 521-5569
Source: http://www.oksenate.gov

Trebilcock Says Informed Consent Law Should Include Information on Fetal Pain

2005-09-07T07:33:00.000-05:00

Thursday, State Rep. John Trebilcock said he intends to introduce legislation expanding Oklahoma’s recently passed informed consent law in light of a recent study claiming fetuses do not feel pain until the seventh month of development.
“Our current informed consent law needs to include information explaining to mothers the truth about fetal pain before they make a decision to end a pregnancy,” said Trebilcock, R-Tulsa. “Women need to be provided every bit of information available so that they can make an informed decision when considering abortion.”
During the 2005 legislative session, Trebilcock co-authored House Bill 1686, which established an informed consent law in Oklahoma. The law requires that women be given all pertinent information about fetal development, the potential consequences of abortion and the gestational age of the unborn child, at least 24 hours before receiving an abortion.
Trebilcock said the law needs to be expanded to require that information on fetal pain be given to expectant mothers before receiving an abortion.Trebilcock also criticized the report in the Journal of the American Medical Association, saying the researchers did not reveal their ties to abortion rights organizations and abortion clinics when the story was published.
In the report, several University of California-San Francisco researchers claimed their research data indicated that fetuses likely are incapable of feeling pain until around the seventh month, when they are about 28 weeks along. The research group included a medical student who has worked for an abortion rights group and the director of a clinic that provides abortions.
“This research is obviously biased toward protecting abortion rights based on the researchers’ ties to organizations that support abortion and clinics that provide them,” said Trebilcock. “Isn’t it convenient that this report comes in the middle of proposed legislation that would harm their cause? “Furthermore, the researchers only examined existing medical studies and commented on those instead of conducting their own scientific research. This report is a joke borne out of a political agenda and nothing else.”
The report was published as Congress and several state legislatures consider legislation that would require doctors to provide fetal pain information to women seeking abortions when fetuses are at least 20 weeks old, and to offer women fetal anesthesia at that stage of the pregnancy.
Several states have enacted fetal-pain laws and others are considering legislation. Arkansas, which enacted the first law this year, requires physicians to discuss pain issues with their patients.
In a document accepted as expert by a federal court, Dr. Kanwaljeet S. Anand, a pain researcher who holds several tenured chairs in pediatrics and anesthesiology at the University of Arkansas, said, “It is my opinion that the human fetus possesses the ability to experience pain from 20 weeks of gestation, if not earlier, and that pain perceived by a fetus is possibly more intense than that perceived by newborns or older children.”
Researchers who claim fetal pain can be felt earlier in development note the release of stress hormones and movement of the fetus in response to painful stimuli.
The National Right to Life, an organization that seeks to ban abortion, reports that approximately 18,000 abortions are performed after 20 weeks of gestation each year.
Contact: State Rep. John TrebilcockCapitol: (405) 557-7362Broken Arrow: (918) 594-0441

Grant Money Available Through Drug Settlement

2005-09-07T07:25:00.000-05:00

Friday, Attorney General Drew Edmondson said more than $14.9 million in grant money is now available as part of a 2004 settlement with pharmaceutical company Warner-Lambert. Warner-Lambert, which is a division of Pfizer, the world’s largest pharmaceutical company, agreed to pay the money as part of a 50-state settlement reached in May of 2004. The states had accused Warner-Lambert of marketing their drug, Neurontin, for various “off-label” indications. “Off-label” refers to using a drug to treat ailments for which it was not originally intended or scientifically tested.Neurontin is traditionally used to treat epilepsy, but it is frequently prescribed to treat various psychiatric disorders, back pain and headache. It is illegal for pharmaceutical manufacturers to promote the off-label use of their drugs, although doctors are permitted to prescribe medication for such uses. Approximately 90 percent of Neurontin prescriptions are for off-label uses.According to Edmondson, the grant money is available to some health care organizations or groups that have expertise in health-related or consumer protection issues.“Under the terms of the settlement, this money is to be spent to educate doctors, pharmacists and other health professionals about how to get fair and balanced information about prescription drugs,” Edmondson said. “I would encourage anyone who works in that arena to put together a program and apply for funding through this settlement.”The deadline to submit grant proposals is Oct.7. At that time, a special committee made up of attorneys general from around the country will award the grant money. For more information or to request a grant application, log on to www.publichealthtrust.org. “We hope this settlement will encourage more responsible promotion within the pharmaceutical industry,” Edmondson said. “It’s imperative that doctors and the public at large be able to trust the information that comes from drug makers. Promoting prescription medication for uses that haven’t been tested jeopardizes the patient’s medical care.”The 2004 settlement resulted in the states receiving approximately $40 million from Warner-Lambert. Of that, $28 million will be used in a remediation program and $10 million was distributed to the participating states to be used for attorney's fees and other costs of investigation. Oklahoma received about $25,000 from the settlement.The states’ settlement also resolved investigations by the National Association of Medicaid Fraud Control Units and the U.S. Attorney’s Office in Boston. In all, Warner-Lambert was ordered to pay a total of $430 million.
Source: http://www.oag.state.ok.us

State lawmaker to seek ban on pit bull breed

2005-09-07T07:21:00.000-05:00

A recent attack on a 3-year-old child in Moore has been the catalyst for at least one Oklahoma representative to attempt to ban pit bull dogs in the state of Oklahoma.The June attack that left 3-year-old Cody Yelton with only one arm prompted Rep. Paul Wesselhoft, R-Moore, to announce that in the next legislative session he will introduce a bill to get rid of the pit bull.In researching the topic, Wesselhoft says he has reviewed over a thousand articles and legal cases related to pit bull attacks, which often end in death or mutilation of the victims."Many people who own pit bulls say that it's other owners who train their pit bulls to be vicious - that there aren't bad pit bulls, just bad pit bull owners," Wesselhoft said. "But the fact is that these dogs are bred to fight until their prey is killed."
Long before he became a legislator, Wesselhoft says he noticed news stories from around the country detailing how pit bull terriers had attacked and mauled people of all ages, including young children.But when a pit bull attacked the 3-year-old who was supposedly trying to pet the animal, Wesselhoft believed the time had come to take action."Each time I read about one of these attacks or see the story on TV, I tell my wife Judy, 'That dog ought to be outlawed,'" Wesselhoft said. "Now that it's happened to one of my constituents, I've got to do this."I've talked to Cody's parents and his grandparents. Cody's grandmother told me that, after the attack, his arm looked like a chicken leg with all the meat eaten off. And that little three-year-old boy's arm had to be amputated all the way up to his shoulder."According to data compiled by the Oklahoma City Animal Welfare Division, pit bulls and pit-type mixes accounted for approximately 15 percent of all dog bites within the corporate limits of Oklahoma City from 2001 to 2004.
Wesselhoft said his bill will amend existing state law, which outlines regulations for any "potentially dangerous dog," meaning any dog that has inflicted damage to any person, animal, or other property when unprovoked.Wesselhoft said the primary goal of his bill will be to require anyone who owns a pit bull terrier to house the animal in a structure that is "solid and impenetrable by a child."Pit bull owners would have to keep their dogs behind an 8-foot-high fence that also extends at least one foot into the ground, in order to prevent the dogs from digging out. Each owner would also need to display a sign reading "pit bull dog" on their property.But Wesselhoft said the proposed bill will also include provisions designed to bring about an eventual ban of pit bull dogs in the state.The grandfather clause contained in the bill would allow for the continuing existence of pit bulls currently in Oklahoma. However, pit bull owners would have to have the dogs spayed or neutered, and the animals would need regular rabies shots.In addition, a pit bull owner would have to be age 21 or older and would be required to have a $100,000 liability insurance policy on every pit bull.Also, each pit bull would have to be tattooed or otherwise marked when it is registered with the state. Owners would not be able to sell or transfer the dogs to other individuals in Oklahoma, excluding family members. And a person living in Oklahoma will not be able to bring in a new pit bull from out of state.After those pit bulls that are allowed to remain in Oklahoma under the grandfather clause of the proposed bill die of old age, Wesselhoft said there should be very few pit bulls remaining in the state, if any."The bottom line is that, by getting rid of pit bulls in Oklahoma, we will be making our state safer for all Oklahomans, in particular our children and the elderly," he said. "The attack on little Cody Yelton was absolutely tragic, and we don't want that to happen again."Wesselhoft added that the parents of Cody Yelton were pleased when they learned that the proposed legislation would be named in honor of their son.
"At this point we're going full force with it," Wesseloft told the E-E Friday. "The legislative session starts in January Š Right now we're trying to gain support from my colleagues and more and more are getting on board with the bill."Wesselhoft says that the recent spate of attacks which include several in the Bartlesville area are either "a cluster of pit bull attacks" or "that they have been happening all along and the media was not sensitive to it.""With the legislation in motion, we're starting to get calls and e-mails on the matter," he said.Wesselhoft said that that although the bill is "controversial" he is "optimistic that I can get this passed.""The attacks in Bartlesville are going to effect legislators in your area," he said. "Unfortunately, we don't want attacks to occur but each time it just gives the bill more steam."Regarding people who say that the attacks are the result of bad owners, Wesselhoft said that often times pit bull enthusiasts say that it is never the dog's fault, but "never want to admit that there is something wrong with this breed."The bottom line is that the pit bull is unpredictable," he said. "They are nice warm pets until something going off in their brain and then they are a lethal weapon trying to tear out skin and crush bone."Wesselhoft said he feels that even if the bill does not pass in its entirety, he thinks it could help cities like Bartlesville."If my bill passes, even if I'm not able to ban the breed statewide, then cities like Bartlesville will have the autonomy and the authority to do what they have to do," he said.
Source: http://www.examiner-enterprise.com/articles/2005/09/06/news/4258.txt

Oklahoma Expands DNA Database

2005-08-16T08:08:00.000-05:00

A dramatic expansion of the state’s criminal DNA database received a ceremonial bill signing Thursday.
Senate Bill 646, by State Sen. Jonathan Nichols and State Rep. Fred Morgan, requires individuals convicted of a felony crime to submit a DNA sample for inclusion in the state’s database of offenders.
“This legislation will allow us to identify dozens and maybe hundreds of criminals who have committed a wide range of crimes,” said Morgan, R-Oklahoma City. “There are criminals behind bars today who have escaped prosecution for serious crimes — even rape and murder — who will now be identified and convicted.”
“For every conviction on a felon’s rap sheet, there are other, often serious crimes that person committed and avoided prosecution,” said Nichols, R-Norman. “Criminals don’t limit themselves to one or two crimes during their life.”
In 2003, the Oklahoma Criminal Justice Resource Center reported there were 5,168 felons convicted of major crimes who would have been required to submit DNA samples under the provisions of Senate Bill 646.
Oklahoma began requiring offenders convicted of violent or sexual crimes to provide DNA samples in 1996, and expanded the program in 2001 to include offenders convicted of burglary.
Officials have identified more than 70 suspects in unsolved crimes through the use of the database and expect to solve many more thanks to the database expansion authorized in Senate Bill 646.
In one instance, DNA evidence led officials to a suspect in the 1996 rape and murder of Jewell “Juli” Buskin, a University of Oklahoma ballet student. Forensic evidence from the crime was linked to a man already incarcerated in Oklahoma on an unrelated charge. He has since been charged with the crime and prosecutors have announced plans to seek the death penalty if they obtain a conviction.
Morgan said DNA evidence is becoming increasingly pivotal in criminal cases throughout the country, both to convict the guilty and to exonerate those wrongly convicted. However, a large sample base is needed to truly maximize the value of DNA testing to law enforcement agencies.
Thirty-seven states require a DNA sample from all convicted felons, including all states neighboring Oklahoma.
“This program will provide law enforcement with the tools to shut the books on literally hundreds of unsolved crimes as well as more quickly solve crimes as they happen in the future,” Morgan said. “This is one of the most significant improvements in law enforcement since the fingerprint system was developed.”
"This legislation will undoubtedly lead to the capture and conviction of criminals who are committing some of the most horrific crimes against children and others," said Nichols, a former prosecutor. "The question isn't whether we can afford it; the question is how can we not afford to have it."

Federal Anti-Meth Bill Moves to the Senate

2005-08-02T08:37:00.000-05:00

An anti-methamphetamine bill that had languished for weeks in the Senate Judiciary Committee has moved to the full Senate, thanks to an amendment allowing states to continue to impose their own restrictions on cold medicine sales.

The Associated Press reported on July 28 that an amendment from Sen. Tom Coburn (R-Okla.) would allow states to adopt their own restrictions on retail sales of medicines containing pseudoephedrine as long as they were at least as restrictive as federal law. Inclusion of the amendment cleared the way for the Judiciary Committee's passage of the bill by voice vote.

"Today is a good day in the fight against methamphetamine," said Sen. Dianne Feinstein (D-Calif.), co-sponsor of the legislation with Sen. Jim Talent (R-Miss.). "We're one step closer to enacting a national meth bill that would put thousands of meth labs out of business."

Under the bill, retailers would have to sell products such as Pfizer Inc.'s Sudafed and Procter & Gamble Co.'s Nyquil, which meth producers can use to cook their drug, from behind a pharmacy counter. In order to buy the products, consumers would have to furnish a photo ID and sign a log. No more than 7.5 grams, about 250 30-milligram pills, could be purchased every 30 days. A computer system would cross-check individuals' purchases at multiple retailers.

The measure would take effect 90 days after its enactment for products in which pseudoephedrine is the only active ingredient. Under an amendment introduced by Sen. Orrin Hatch (R-Utah), restrictions for products in which pseudoephedrine is combined with other active ingredients would not take effect until Jan. 1, 2007.

While the Coburn amendment allowed the measure to get out of committee, it also could re-ignite opposition from retailers concerned about differing provisions on cold medicine sales from state to state. The Food Marketing Institute, representing grocery stores and other retailers, has argued that a uniform national regulation is essential to effective enforcement by retailers.

Oklahoma Law Allowing Municipal Employees to Unionize Found Unconstitutional

2005-07-07T07:54:00.000-05:00

Tuesday, the Oklahoma Supreme Court issued its opinion in the case of CITY OF ENID v. PUBLIC EMPLOYEES RELATIONS BOARD. The issue in question was whether the Oklahoma Municipal Employee Collective Bargaining Act, 11 O.S.Supp.2004, §§ 51-200, et seq., was a special law prohibited by the Oklahoma Constitution, Article 5, § 46. Article 5, § 46, provides in pertinent part:
The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law authorizing:
. . .
Regulating the affairs of counties, cities, towns, wards, or school districts; . . . .
The Act granted qualifying municipal employees the right to organize and choose representation for the purpose of collective bargaining and required municipal employers to recognize, negotiate and bargain with employee representatives. However, it defined municipal employers to be those municipalities with populations greater than 35,000. This limitation made the Act only applicable to eleven Oklahoma municipalities. The court held that because the Act did not apply to all cities in the state, it was a special law prohibited by the Oklahoma Constitution, Article 5, § 46. The court also held that the constitutionally-offensive language is an integral part of the Act and cannot be severed. Therefore, the act is ineffective until the constitutionally-offensive language is removed by the legislature.

Class Action Against Wal-Mart in Oklahoma

2005-07-07T07:49:00.000-05:00

Two employees of Wal-Mart Stores Inc. and a former worker have filed a lawsuit alleging the retailer retaliated against workers who file workers' compensation claims.

In their lawsuit filed in state court Friday, Wal-Mart employees Molly Self and Tammy Mathes allege that after filing claims for on-the-job injuries, the company either reduced their hours, cut their pay or demoted them. Former employee Janna Balak claims she was forced to resign as a condition of her settlement of a workers' compensation claim.

The women are seeking class-action status for their suit. They claim many Wal-Mart employees are afraid to file workers' compensation claims for fear of retaliation. They also allege in the suit that understaffing at the stores creates an environment "where workplace injuries are inevitable."

"We think this is a companywide policy that potentially affects thousands of people," said Alex Yaffe, a spokesman for the Oklahoma City law firm that represents the women. "There are over 30,000 people employed by Wal-Mart in Oklahoma and 1.6 million nationwide. There are a ton of folks that could be affected."
Wal-Mart spokeswoman Christi Gallagher said Wednesday the company had not been served with the lawsuit and could not comment on the case. But she said the company has adequate systems to address workers' compensation claims and that safety is a top concern.

"Safety is paramount in every decision we make both for customers and our associates," Gallagher said.

Gallagher said she could not provide information on how many workers' compensation claims are filed against the company each year.

Self works at the Wal-Mart store in El Reno, Mathes works at a store in Moore and Balak was employed by the Moore store, according to the suit. The women are seeking damages of more than $10,000 for lost wages and benefits, lost earning capacity, humiliation and emotional distress.

The Associated Press/OKLAHOMA CITY
By SEAN MURPHY
Associated Press Writer

Randolph Dial Waives His Right to a Preliminary Hearing

2005-06-22T07:08:00.000-05:00

Randolph Dial, a convicted killer who disappeared from a southwestern Oklahoma prison with the wife of an assistant warden nearly 11 years ago, waived his right to a preliminary hearing Monday on an escape charge.
Greer County Associate District Judge Mike Warren bound Mr. Dial over for trial on an amended charge of escaping from Department of Corrections custody and scheduled an Aug. 4 formal arraignment.
Mr. Dial was mostly silent, answering "Yes" when addressed by the judge until he was informed of the amended charge.
"I don't understand what the difference is between the two things," Mr. Dial said.
Prosecutors said that the amended charge includes new information about aliases Mr. Dial used while he was on the lam, but that the punishment range of two to seven years was the same as the original charge.
Clad in a blue inmate shirt and dark pants, Mr. Dial was escorted into the courthouse where Oklahoma Highway Patrol troopers, sheriff's deputies, Mangum police officers and Department of Corrections officers lined the halls. A law enforcement officer sat behind him during the proceeding.
"Every time he comes back, it ties up a lot of resources," District Attorney John Wampler said.
Mr. Dial had been on the lam with Bobbi Parker, wife of former deputy warden Randy Parker, since Aug. 30, 1994, when FBI agents acting on a tip raided his home near Campti, Texas, on April 4 and arrested him. Mrs. Parker was found unharmed, working on a nearby chicken farm.
The Oklahoma State Bureau of Investigation continues to look at whether Mr. Dial abducted Mrs. Parker when he escaped from the Oklahoma State Reformatory in Granite and kept her captive by threatening to harm her family, or if the 42-year-old mother of two willingly helped him escape and avoid arrest. Mr. Dial, 60, told authorities that he had taken her against her will. Mr. Dial, a sculptor and painter, was convicted of the 1981 murder of a karate instructor. Mrs. Parker has reunited with Mr. Parker and their daughters, who were 8 and 10 when she disappeared. Mr. Parker is now warden at the William S. Key Correctional Center at Fort Supply in Oklahoma.
See the orginal story from April 6, 2005.

Attorney General Sues Poultry Producers

2005-06-16T07:54:00.000-05:00

Citing the protection of Oklahoma lakes and streams, drinking water and public health, Oklahoma Attorney General Drew Edmondson announced his office has filed a lawsuit against several out-of-state poultry companies for polluting the waters of the state.
The complaint alleges violations of the federal Comprehensive Environmental Response Compensation and Liability Act, state and federal nuisance laws, trespass and Oklahoma Environmental Quality and Agriculture Codes.
"It all comes down to pollution," Edmondson said. "Too much poultry waste is being dumped on the ground and it ends up in the water. That's against the law. The companies own the birds as well as the feed, medicines and other things they put in their birds. They should be responsible for managing the hundreds of thousands of tons of waste that comes out of their birds."
Edmondson said that the filing of the lawsuit does not mean he has given up on mediation or negotiation.
"The filing of the petition was necessary whether the end result came from an agreement or a trial. You must have a petition to have a court order.
"We will defer issuance of summons," Edmondson added, "for a brief period to see if continued talks have any promise for settlement."
Named in the complaint are Tyson Foods Inc., Tyson Poultry Inc., Tyson Chicken Inc., Cobb-Vantress Inc., Aviagen Inc., Cal-Maine Foods Inc., Cal-Maine Farms Inc., Cargill Inc., Cargill Turkey Production LLC, George's Inc., George's Farms Inc., Peterson Farms Inc., Simmons Foods Inc., and Willow Brook Foods Inc. These companies include some of the country's largest providers of chicken, turkey and eggs to consumers in the United States.
The lawsuit was filed in the U. S. District Court for the Northern District of Oklahoma on behalf of the State of Oklahoma, including the attorney general and Oklahoma Secretary of the Environment Miles Tolbert. The suit addresses pollution in the Illinois River watershed, which consists of more than one million acres of land in Arkansas and Oklahoma. The watershed includes the Illinois River, Baron Fork River, Caney Creek, Flint Creek, Lake Tenkiller and other minor tributaries.
The Oklahoma legislature has designated about 70 miles of the Illinois River, about 35 miles of the Baron Fork River and about 12 miles of Flint Creek as scenic river areas, and Lake Tenkiller is one of Oklahoma's most popular outdoor recreation areas.
"We are asking the court to force these companies to stop polluting and repair the damage they have already done," Edmondson said. "Clean water is our most important natural resource, not only for public water supply and recreation, but also for the future of agriculture, industry and tourism."
The lawsuit alleges runoff from the improper dumping and storage of poultry waste has caused and is causing the pollution of Oklahoma streams and lakes. In this watershed alone, the phosphorus from poultry waste is equivalent to the waste that would be generated by 10.7 million people, a population greater than the states of Arkansas, Kansas and Oklahoma combined.
"I understand that many hardworking Oklahomans are employed by this industry and that a viable industry is important to their future," Edmondson said. "I also understand that the poultry companies can conduct their business in compliance with the law and remain viable - if they choose to do so.
"One company alone, Tyson, announced it was spending $75 million over 12 months in an ad campaign. If they can afford that, they can afford to clean up their waste," Edmondson said.
The attorney general said the Illinois River watershed serves as the source of drinking water for 22 public water supplies in eastern Oklahoma.
"We're not only talking about phosphorus," Edmondson said. "This waste contains arsenic, zinc, hormones and microbial pathogens like e. coli and fecal coliform - not exactly things you want in your drinking water."
Edmondson, who has spent the last three years seeking a negotiated water quality agreement with the poultry companies, said his attempts to reach an agreement outside the courtroom have not yet been successful.
"It's been three years, but we still don't have an agreement," Edmondson said. "We still hope for a negotiated agreement, but while we sit and hope, the pollution is still occurring. Filing this suit puts us one step closer to finally resolving this issue."
The attorney general has never claimed that poultry waste is the only source of pollution, just the major one, and poultry waste is not the only pollutant on which Edmondson has focused. The attorney general assisted the secretary of environment and Oklahoma environmental agencies in finalizing an agreement with Arkansas in December of 2003 to address municipal waste discharges.
"I know there are other sources of pollution," Edmondson said. "But, the major source of pollution in the watershed is poultry litter. No matter how much the industry pays its public relations consultants to spin it, the truth is obvious. Chicken waste is the problem."
The attorney general said the state cannot allow its waterways to be used as a dump.
"The financial burden for disposing of the poultry industry's waste should not fall on the citizens of Oklahoma, nor should Oklahoma allow its scenic rivers and lakes to serve as the poultry industry's disposal facility," Edmondson said. "Until the poultry companies are forced to take responsibility for safe management of their waste, these practices will continue and the problems will remain."

Source: http://www.insurancejournal.com/news

More than Sixty Bills Signed by Governor Henry

2005-06-13T07:40:00.000-05:00

Two key measures in the Legislature's $150 million tax reduction package were signed into law by Gov. Brad Henry Tuesday.
The measures were among more than 60 bills signed by Henry, including a measure that protects the personal information of victims of violent crime by ensuring it is not available to the public over the Internet.
The tax cut bills reduce Oklahoma's top marginal income tax rate from 6.65 percent to 6.25 percent and raise the standard deduction for taxpayers who do not itemize their deductions from $2,000 to $4,000 over the next two years.
A family of four with an income of $50,000 will save $225 under the two measures.
The income tax rate cut was one of the top goals of Republican Speaker Todd Hiett in his first year in the state House's top job. The cut will amount to about $108 million in the first full year of implementation.
"Permanent tax relief for hardworking Oklahomans is one of the most important policies in accelerating growth in Oklahoma," said Rep. Kevin Calvey, R-Del City, chairman of the House Revenue and Taxation Committee.
The measure also eliminates the capital gains tax on Oklahoma-based property for corporations and reduces taxes for Oklahoma's disabled veterans.
The increase in the standard deduction was supported by Sen. Jay Paul Gumm, chairman of the Senate Finance Committee, and Senate Democrats.
"Raising the standard deduction helps those Oklahomans who need it most, working families who will spend their tax savings back into the economy in Main Street shops across our state," said Gumm, D-Durant.
The measure also lowers income taxes paid by senior citizens by increasing from $7,500 to $10,000 the amount of retirement income exempted from state income taxes. Gumm said lowering income taxes for senior citizens will make the state a more attractive retirement destination.
As school children and educators looked on, Gov. Brad Henry also signed legislation Tuesday that will boost teacher pay and make instruction more rigorous.
The measures, among Henry's top goals for the 2005 Legislature, provide a much-needed pay raise for teachers and push students to take tougher courses to better prepare them for college and high-paying jobs, Henry said.

New Teen Driving Safety Measure

2005-06-13T07:30:00.000-05:00

A new law about was signed by Governor Henry on Thursday and will go into effect in November. It requires young drivers to complete a six-month probationary period with multiple restrictions before they qualify for full driving privileges. The law will effect nearly 2,000 teens a year. The Department of Public Safety says the state issued ,1858 new licenses to 16 and 17 year-olds in 2004. The measure's author, Representative Danny Morgan of Prague, says it should cut fatalities and collisions among drivers younger than 18 by at least 15 percent. Morgan says the bill was prompted by repeated instances of young drivers being involved in car crashes.

Law Encourages Film Making in Oklahoma

2005-06-13T07:28:00.000-05:00

New laws passed by the Legislature this year are expected to encourage Hollywood filmmakers to film more of their productions in Oklahoma.
Governor Henry has signed three bills that offer production companies rebates, sales tax exemptions and income tax breaks if they film in the state.
Chief among the measures is one that provides funding to the Oklahoma Film Enhancement Rebate Program. It awards a 15 percent rebate to companies that film in Oklahoma. Oklahoma established the program in 2001 to compete with filmmaking in Canada.
Not everyone is happy about the incentives. Kevin Brodie, a producer in a Tulsa studio project, says caps should be lifted from the state's rebate program.

Governor Signs 249 Bills into Law

2005-06-10T07:10:00.000-05:00

Governor Henry yesterday signed 249 bills into law, the last of the bills passed by the Legislature during the final week of the legislative session.Lawmakers passed 491 bills and resolutions during the session. The governor signed 479 into law, vetoed ten and used a line item veto to disapprove of portions of two other bills.
None of the vetoes were overridden by lawmakers.
Henry says the highlights of the session include tax cuts and rebates, pay raises for teachers, increasing academic standards and a $500 million bond program for higher education.
He also points to laws intended to help Oklahomans find cheaper prescription drugs, provide life insurance and tax cuts for National Guard members and workers' compensation reform that passed during a special session last week.

Julian Fite, Attorney for the Cherokee Nation, Dies at 60

2005-06-03T00:06:00.000-05:00

Source: Native American Times by Sam Lewin

The lead attorney for the Cherokee Nation has died.

Julian Fite collapsed Thursday morning while attending the Sovereignty Symposium in Oklahoma City. He was transported to a nearby hospital but was pronounced dead an hour later. He was 60-years-old.

Fite had a long resume: He was executive director of the Northeastern State University Center for Tribal Studies, a former U.S. attorney and a former Muskogee County district attorney.

He was born in Muskogee, the Fite family home since his ancestors came to Oklahoma in the 1800s. According to his NSU biography, Fite was married, had two adult daughters and lived in Tahlequah. He graduated from the University of Virginia School of Law in 1970 and for several years served in the U. S. Army Military Intelligence Branch.

“Julian Fite was a rare individual who was always cheerful and positive, a practical philosopher that always strove for what was good for the people,” stated Cherokee Nation Principal Chief Chad Smith. “He was an accomplished lawyer and a dedicated servant and patriot of the Cherokee Nation, the State of Oklahoma, and the United States. He was one of the few truly wise men I have ever met. He reminded me of Will Rogers, another Cherokee who was a common man with uncommon wisdom.”

“On behalf of the NSU faculty and staff, I extend condolences to the family of Dr. Julian Fite,” said Northeastern State University (NSU) President Dr. Larry Williams. “As a professor, Julian was beloved by his students, and possessed outstanding ability in the classroom. He was a valued member of the NSU community, and we appreciated his work as legal counsel to the university. Julian served as an example to those who knew him, demonstrating that determination is the greater part of valor. He was a loyal and trusted friend, and he will be greatly missed.”

Transgender Police Officer Having No Luck in Oklahoma Courts

2005-06-02T12:42:00.000-05:00

A state court is turning down a request by an Oklahoma City police officer to have the gender on her Ohio birth certificate changed from male to female.
Paula Schonauer was born a male in Ohio. She had sex-changing surgery in 2002 in Oklahoma and her U. S. passport and Oklahoma driver's license shows her as female.
She asked the state Court of Civil Appeals to change her birth certificate, but the court says it has no authority to change an Ohio birth certificate.
Last year, Schonauer also filed a claim against the City of Oklahoma City for sexual harrassment and a separate claim against the OKC Police Department for Wrongful Termination. Both claims were dismiss for failure to issue summons within 90 days of filing the petition as required by Rule 9.a of the Rules for District Courts.

Legal Battle Over Big Buck

2005-06-01T13:10:00.000-05:00

The sun was heading toward the horizon on the plains of southwestern Oklahoma when hunter Michael Crossland decided to see if any deer were lurking around a tree-lined creek bottom.
What the 25-year-old farmer and rancher didn't bargain for was a legal dispute over what is expected to be the largest whitetail deer ever killed in Oklahoma — a monster buck with a 31-point set of antlers worth thousands of dollars.
Crossland said that on Nov. 23 he was with the landowner's hired hand, who went to retrieve a four-wheeler and gave Crossland his rifle in case he spotted any big deer.
"I walked around the bend on the west side of the creek," Crossland said. "First I saw a doe, and then I saw the buck come around."
After quickly loading the rifle, Crossland lined up the large animal in his scope from about 70 yards away and dropped it with one shot.
"I didn't know he was that big until he fell," Crossland said. "He fell and he rolled his head, and that's when I said, 'Oh my gosh.'"
But as word quickly spread about the huge deer taken in Tillman County, problems started to mount for Crossland.
A misdemeanor charge of hunting without permission was filed against him at the request of landowner Ryan Hunt, 26. The antlers were seized by the Oklahoma Department of Wildlife Conservation. A July 1 court date was set, and Crossland said he intends to fight the charge.
If convicted, Crossland could face a fine of up to $200, 30 days in the county jail, or both. It would then be up to the court to decide who gets to keep the antlers. If found innocent, he would get them back.
"It's been a heck of a mess," Crossland said.
Crossland and Hunt have known each other for years and attended Grandfield High School together. Crossland said he considered Hunt a friend, but they haven't spoken since the deer was shot.
"I said 'hi' to him the other day in the co-op, but he ducked his head and wouldn't look at me," Crossland said.
Hunt wouldn't specifically say whether he and Crossland were friends or whether he gave Crossland permission to hunt on his land.
"I'll say that our family has a lot of land, and it's always been known that no one hunts on our property without permission," Hunt said. "It doesn't matter if it's fishing, turkey or a little bitty doe."
But Crossland said he's previously worked for the Hunt family and was told he could hunt on their property as long as he was with a member of the family or Greg Platner, the farmhand who was with Crossland on the day he took the deer.
Crossland said he doubts there would be any controversy at all if it was a doe or a small buck he had shot.
Platner called the landowner's family shortly after the deer was shot to pass the word about the big buck.
"The next thing I know, everybody's mad," Crossland said.
What's not in dispute is the size of the deer's antlers — possibly the largest ever taken in Oklahoma.
"They're big, they're real big," said Col. Larry Manering, chief of law enforcement for the wildlife department. "I don't know exactly how big, but it's a trophy in anybody's category."
Although the antlers have not officially been scored under a standardized system, Yukon taxidermist Gerald Hillman measured the horns and said he's confident it will be a new state record for non-typical antlers, which refers to a lack of symmetry on each side of the rack.
"I think it will wipe out the old record," Hillman said. "It's a very impressive rack."
Hillman estimated the antlers will score about 246 or 247 points. The current non-typical state record in Oklahoma is 240 3/8 from a whitetail taken in Hughes County in 2003.
According to the Boone & Crockett Club, a Montana-based club that maintains big game statistics, the world record for non-typical whitetail antlers is a 44-point rack from Missouri that scored 333 7/8.
Carl Eddy, the owner of Eddy's Northern Whitetails in Independence, Iowa, said the mounted head and horns of the deer shot by Crossland would likely be worth between $20,000 and $30,000.
But Crossland said he hasn't been offered a cent for the antlers, doesn't plan on selling them and just wants them back.
"I want to keep it," Crossland said. "That's a once-in-a-lifetime deal there.
Source: Associated Press available at ESPN Outdoors

Abortion Lawyers Appeal Federal Judge's Decision on Oklahoma's New Abortion Law

2005-06-01T13:01:00.000-05:00

Yesterday, Nova Health asked Judge Cook to ban the law's enforcement until the Tenth U.S. Circuit Court of Appeals rules on its appeal of his earlier decision, or until the Oklahoma Supreme Court sets a time frame for handling parental notification waiver requests.

See the underlying story below

No Temporary Injunction for Oklahoma's New Abortion Law

2005-05-31T12:38:00.000-05:00

Last Friday, Senior U.S. District Judge H. Dale Cook denied a Tulsa clinic's request for a restraining order to suspend a new state law requiring parental notification before girls age 18 and younger can receive an abortion.

Judge Cook ruled that plaintiff Nova Health Systems, the parent of the Tulsa clinic, did not show that the law signed by Gov. Brad Henry on May 20 was unconstitutional and adverse to the public interest.

The ruling allows the law, which had an emergency clause and took effect immediately after Henry signed it, to continue without change, said spokesman Charlie Price of the Oklahoma Attorney General's office.

Attorneys for the Reproductive Services clinic had argued that the law puts at risk girls who do not have parents or come from a dysfunctional family and must ask a court to waive the parental notification provision.

In a 12-page ruling, Cook said the law ``does not infringe on a minor's constitutional right to an abortion nor does the Act deny expedited access to the courts to authorize a minor's abortion without one of her parents' notification.''

The law ``clearly sets forth expedition and confidentiality at every level of the judicial bypass process for the protection of the health, safety and welfare of every minor who seeks to utilize it,'' Cook wrote.

Attorneys for Nova Health Systems _ which has Reproductive Services as a subsidiary _ had asked Cook to act quickly because it had abortions scheduled on Tuesday and argued that a delay of even a few days can make abortions more risky.

``Certainly we're disappointed, and we're most concerned for those young women who need to avail themselves of the judicial bypass procedure,'' said Martha Hardwick, a Tulsa attorney for Nova. ``We just hope the courts will be as expeditious in their handling of it as Judge Cook believes they will be.''

Cook's ruling applies only to the request for a time-sensitive temporary restraining order and not to the ultimate constitutionality of the entire law. Attorneys expect to continue with briefings and arguments.

Bureau of Justice Statistics Report on the Recidivism Rate for Sex Offenders

2005-05-31T07:39:00.000-05:00

On May 11, 2005, I reported on a bill that had recently passed the Oklahoma Senate that would require GPS tracking for sex offenders. Because there has been some debate about the necessity of tracking sex offenders and the recidivism rate among sex offenders, I would like to publish the following report from the Bureau of Justice Statistics. This report can be found at http://www.ojp.usdoj.gov/bjs/pub/press/rsorp94pr.htm

5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE

WASHINGTON, D.C. -- Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department's Bureau of Justice Statistics (BJS) announced today. If all crimes are included, 43 percent of sex offenders were rearrested for various offenses.
Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders. But sex offenders were about four times more likely than non-sex offenders to be arrested for another sex crime after their discharge from prison –– 5.3 percent of sex offenders versus 1.3 percent of non-sex offenders.
Sex offenders with the highest rate of rearrest for another sex offense were those who had a history of prior arrests for various crimes. While 3.3 percent of sex offenders with one prior arrest were arrested for another sex crime after their release, that percentage more than doubled (7.4 percent) for those with 16 or more prior arrests for different types of crimes. Of the released sex offenders who allegedly committed another sex crime, 40 percent perpetrated the new offense within a year or less from their prison discharge.
Of the almost 9,700 sex offenders released in 1994, nearly 4,300 were identified as child molesters. An estimated 3.3 percent of the 4,300 released child molesters were rearrested for another sex crime against a child within 3 years. Most of the children they were alleged to have molested after leaving prison were age 13 or younger.
Other BJS surveys have shown that 70 percent of all men in prison for a sex crime were men whose victim was a child. In almost half of the child-victim cases, the child was the prisoner's own son or daughter or other relative.
The average sentence imposed on the 9,700 sex offenders was 8 years and, on average, 3 1/2 years of those 8 years were actually served prior to release. The average sentence imposed on the 4,300 child molesters was approximately 7 years and, on average, child molesters were released after serving 3 of the 7 years.
Of the released sex offenders, 3.5 percent were reconvicted for a sex crime within the 3-year follow-up period, 24 percent were reconvicted for any new offense and 38.6 percent were returned to prison, either because they received another prison sentence or because of a parole violation.
Of the 9,700 sex offenders, 67 percent were white males and 32 percent were black males. The percentage rearrested for another sex crime after their release was 5.3 percent of white males and 5.6 percent of black males.
Half of the 9,700 sex offenders were over the age of 35 when released. Recidivism studies typically find that the older the prisoner when released, the lower the rate of recidivism. However, although this study did find the lowest rearrest for a sex crime (3.3 percent) did belong to the oldest sex offenders –– 45 years old and older –– other age group comparisons were inconsistent. The percentage rearrested for another sex crime after their release was 6.1 percent of those ages 18-24, 5.5 percent of those ages 25-29, 5.8 percent of those ages 30-34, 6.1 percent of those ages 35-39, 5.6 percent of those ages 40-44 and 3.3 percent of those ages 45 or older.
For 85 percent of those sex offenders who were arrested for another sex crime, the arrest occurred in the same state that released them. For the remaining 15 percent, the arrest was in a different state.
The data are from a study that documented levels of recidivism among all 272,111 men and women released from state prisons in 15 states in 1994. The 272,111 included 9,691 male sex offenders. The 9,691 are two-thirds of all the male sex offenders released from state prisons in the United States in 1994. The study represents the largest followup ever conducted of convicted sex offenders following discharge from prison and provides the most comprehensive assessment of their behavior after release. The report, "Recidivism of Sex Offenders Released from Prison in 1994" (NCJ-198281), was written by BJS statisticians Patrick A. Langan, Erica L. Schmitt and Matthew R. Durose. Single copies may be obtained by calling the BJS Clearinghouse at 1-800-851-3420. Following publication this document can be accessed at:
www.ojp.usdoj.gov/bjs/abstract/rsorp94.htm
For additional information about Bureau of Justice Statistics reports and programs, please visit the BJS Web site at:
www.ojp.usdoj.gov/bjs
The Office of Justice Programs (OJP) provides federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist crime victims. OJP is headed by an Assistant Attorney General and comprises 5 component bureaus and 2 offices: the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime, as well as the Executive Office for Weed and Seed and the Office of the Police Corps and Law Enforcement Education. Information about OJP programs, publications, and conferences is available on the OJP Web site, www.ojp.usdoj.gov.
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Justice Department Unhappy with Senate Bill 673

2005-05-27T17:42:00.000-05:00

The Oklahoma House snubbed the U.S. Justice Department on Wednesday by passing a bill that federal officials say limits competition for real estate services. The bill, and presumably the federal opposition, is headed to Gov. Brad Henry. The House passed a version of Senate Bill 673 meant to placate federal officials' concerns. It did not. The Justice Department issued a statement reiterating its opposition to the bill, authored by Sen. Jay Paul Gumm, D-Durant, about an hour before Rep. Doug Miller, R-Norman, brought it up in the House.

"While the revised bill is an improvement, it does not make sufficiently clear that consumers will retain the freedom to purchase only the real estate services they want," the department said in an e-mail sent to reporters but not to lawmakers or the Oklahoma Association of Realtors, which pushed for the bill.

The legislation, the department said, "does not make clear whether a consumer can tell his or her broker in advance that the consumer would like to negotiate the sale of the home without any assistance from the broker, and, as a consequence, pay less for the services that the broker does provide." Miller, in explaining the bill before the vote, said it "very simply clarifies and reaffirms duties and responsibilities outlined in our real estate code" -- the state Realtor association's position all along. Miller did not mention the renewed federal opposition.

The House passed the bill, with no debate, 89-7. Opponents say the bill does more than reaffirm the law, which the Realtors say was clouded last year by an attorney general's opinion. Opponents say it is an attack on limited real estate services. Gumm said his bill is no such thing -- and was steamed, again, that the Justice Department was "lipping off" in the media and not dealing with lawmakers directly. Gumm said Justice lawyers' biggest problem was with a requirement that brokers "be available to receive all written offers and counteroffers," put them in writing, and present them -- at minimum.

"We just disagree on that. That goes to the heart of it, what it means to be (a broker)," he said. Gumm expressed dismay that the federal agency would weigh in on a state matter. He said it showed lack of respect for "separation of powers" and state sovereignty.

Paul Sund, the governor's communications director, said Henry would consider the agency's concerns as part of the normal review of legislation.

Oklahoma is not alone. The Justice Department has taken on real estate regulation and legislation it doesn't like in Kentucky, Texas, Missouri and Alabama in recent weeks.

"They simply don't have a dog in this fight," Gumm said, insisting that Oklahoma has a right to regulate real estate license holders as it sees fit. "If we're going to hold people out to a level of professionalism, and a level of training, and then they hold themselves out as (real estate license holders), there is a certain level of service that Oklahomans should expect," Gumm said.

Source: By Richard Mize of The Daily Oklahoman

Attorney General Opinion Addresses Playing Poker for Money

2005-05-27T07:19:00.000-05:00

Fans of Texas Holdem poker can't play the game legally in Oklahoma, according to an attorney general's opinion handed down Thursday.
The opinion, which carries the force of law, will likely slow the growth of popular Texas Holdem poker tournaments common in other states and that have been advertised and conducted by taverns, pubs and other commercial establishments across Oklahoma. But the opinion also applies to private poker games played for cash or other things of value.
Attorney General Drew Edmondson said it is up to individual district attorneys throughout the state to decide whether to prosecute violations.
The nine-page opinion by Senior Assistant Attorney General Neal Leader reiterates conclusions found in previous opinions about Oklahoma's gambling laws: "Poker played for money or other representative of value" is illegal. It says Texas Holdem poker tournaments played for money violate both the state's anti-commercial gambling laws and the state's general antigambling laws. Those who sponsor the games are guilty of a felony and players are guilty of misdemeanors.
The only exception is nonhouse-banked card games played in gaming casinos operated by federally recognized Indian tribes that enter into compacts called for in the State-Tribal Gaming Act, the opinion states.
The opinion was requested in October by District Attorney James Boring of Guymon, whose district includes four counties in the Oklahoma Panhandle and northwest Oklahoma. Boring asked whether it was illegal under state law to conduct Texas Holdem tournaments where entrants must pay to play and are eligible to win cash prizes.
A second opinion requested in February by Rep. Chris Benge, R-Tulsa, asked whether free poker games in which players did not pay entry fees but were eligible to win prizes also violate the state's antigambling laws.
The opinion says Oklahoma's antigambling laws prohibit conducting gambling games, including poker, and playing the games for money, property and anything else of value."...The poker tournaments you describe violate the general antigambling provisions...because the participants in the tournament are playing for money," the opinion says, referring to Boring's inquiry. State law specifically prohibits anyone from betting or playing in a prohibited game for money, it says. It also says poker tournaments in which all or part of participants' entry fees are paid back to tournament winners do not fall within an exception in state law that allows for the payment of "purses, prizes or premiums.""A poker tournament in which the players' entry fees are pooled and paid back to the tournament winners involves betting," the opinion states. "...The general antigambling laws make playing poker for money, checks, credits or other representatives of value a crime, and conducting such poker games a crime."
Addressing Benge's question, the opinion states that a free poker game where no fee is paid for entry or acquiring poker chips is paid but is played for a prize "is still poker played for money" and violates state law.
Source: Associated Press

The Libertarian Party Loses its First Amendment Challenge to Oklahoma's Voting Laws

2005-05-25T07:28:00.000-05:00

In Clingman v. Beaver, the Supreme Court ruled Monday that states may bar a political party from opening its primary election to members of another party, upholding restrictions in nearly half the states.

In a 6-3 decision, justices ruled against the Libertarian Party in its First Amendment challenge to Oklahoma's system. The party wanted to open its primaries, over the state's objections, to voters registered as Democrats or Republicans in hopes of attracting more members.

Oklahoma is one of 24 states that have closed or semi-closed primaries. Closed primaries require people to register and vote with one political party. In semi-closed systems, like the Oklahoma one, political parties generally may only allow their own members and independents to cast ballots.

Justice Clarence Thomas, writing for the majority, said Oklahoma and other states have broad powers to structure primaries as they see fit. The Libertarian Party's rights of free association thus were not violated, he said.

"Oklahoma remains free to allow the Libertarian Party to invite registered voters of other parties to vote in its primary. But the Constitution leaves that choice to the democratic process, not the courts," Thomas wrote.

In a dissent, Justice John Paul Stevens expressed concern that Oklahoma does not give voters a chance to participate in third-party elections. Limiting primary participation could serve to preserve the power of the major parties from competition, he wrote in an opinion joined by Justices Ruth Bader Ginsburg and David H. Souter.

"The court's decision today diminishes the value of two important rights protected by the First Amendment: the individual citizen's right to vote for the candidate of her choice and a political party's right to define its own mission," Stevens wrote.

The states with closed or semi-closed primaries are Arizona, California, Colorado, Connecticut, Delaware, Florida, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Dakota, West Virginia and Wyoming, according to court filings.

A Tulsa Abortion Clinic Attempts to Prevent the Enforcement of a New Oklahoma Abortion Law

2005-05-25T07:16:00.000-05:00

A new law recently signed by Governor Brad Henry requires that minors either notify their parents or get judicial approval before receiving an abortion.
Bebe Anderson is an attorney for the Center for Reproductive Rights based in New York. She filed a lawsuit on behalf of a Tulsa abortion clinic to prevent the enforcement of the new Oklahoma law. Yesterday, she argued in the U.S. District Court for the Northern District of Oklahoma that the law should be halted because it puts young girls' health at risk. She stated that a quick response was crucial because Reproductive Services was scheduled to perform abortions that day at noon. Anderson argued that because even a few days' delay can push a woman from the first trimester to the second, the law, which doesn't set up a time frame in which the court must act if the minor seeks judicial approval, puts girls' health at a greater risk.
Assistant Attorney General Elizabeth Sharrock argued that the clinic had failed to show immediate and irreparable harm if the temporary injunction were not granted.
She noted that in the past 13 months, the clinic had performed only 17 abortions without the girls' parents present.
About 90 percent of the girls who receive abortions at the Tulsa clinic do so with parental notification, Anderson said. However, she was not aware of any minors scheduled to receive abortions in the next two days without such notification.

Oklahoma Supreme Court Considers Constitutionality of Labor Law

2005-05-11T23:04:00.000-05:00

The state Supreme Court Tuesday heard arguments then took under advisement appeals over the constitutionality of a state law allowing employees of some Oklahoma cities to unionize.

The law passed last year says municipal employees in cities of more than 35,000 population can join a union.

A district court judge ruled the law is unconstitutional in a lawsuit by the cities of Enid and Lawton. And in another lawsuit a district court prohibited a union from being certified as the official bargaining unit for workers in Broken Arrow.

An attorney for the City of Enid told the Supreme Court today the law is unconstitutional because it's a special law affecting only certain cities -- those with more than 35-thousand people.

But attorneys for the unions and the city workers say the Legislature has passed many laws with similar population limits and they have been upheld as constitutional.

GPS Tracking for Sex Offenders Passes Senate

2005-05-11T22:57:00.000-05:00

Legislation to help keep better tabs on registered sex offenders has won final Senate approval and is now headed to Gov. Brad Henry. Sen. Charles Wyrick, D-Fairland, is the author of Senate Bill 631, named “Jessica Lunsford’s Law,” after a Florida girl who was molested and murdered. The suspect in that case is a convicted sex offender. Wyrick said the bill, which was approved unanimously, would require registered sex offenders to wear Global Positioning System (GPS) monitors so that law enforcement can better track their locations.

“Studies have shown that GPS monitoring makes a tremendous difference in recidivism rates. In Florida, offenders released from prison without GPS monitoring re-offend about 33 percent of the time but those who are tracked by GPS had a recidivism rate of only 1.5 percent—and none of the offenses committed by sex offenders on GPS were sex crimes,” Wyrick said. “Clearly, if they know someone is watching them, the public is safer.”

Currently there are 3,000 sex offenders in DOC custody, with many more that have completed their prison sentence and live in communities throughout Oklahoma.

“Our current sex offender registration laws require sex offenders to notify local law enforcement anytime they change addresses but we know that doesn’t always happen. This system will ensure we know where these predators are,” Wyrick said.

SB 631, co-authored by Rep. Terry Ingmire, R- Stillwater, requires that any convicted sex offender placed on probation or parole be required to wear an active GPS monitoring device for the duration of their required registration period. The required registration period is life for habitual sexual offenders and 10 years for other sex offenders. The measure also requires sex offenders to pay for the costs of their own monitoring.

“It is important to point out that this system will save us money in the long-run because reduced recidivism will result in cost savings in prosecution and punishment,” Wyrick said. “But the most important aspect of this bill is that it will enable us to do a better job of protecting our children and others from sexual predators.”

If signed, SB 631 would go into effect immediately and would apply to all sex offenders convicted from that date forward.

Governor Hernry Appoints Scott Meacham as State Treasurer

2005-05-04T07:12:00.000-05:00

State Finance Director Scott Meacham, Gov. Brad Henry's point man on top legislative issues, was picked by the Democratic governor on Tuesday to succeed Robert Butkin as state treasurer.

Butkin is leaving state government on May 31 to become dean of the law school at the University of Tulsa.

Henry also named Claudia San Pedro to succeed Meacham as finance director. San Pedro, the wife of gubernatorial spokesman Paul Sund, now heads up the budget division of the finance office.

Butkin, a Democrat, resigned in February after serving more than 10 years as treasurer. He was unopposed in his last two elections.

Meacham is an attorney and former Elk City banker whom Henry has known since they were in law school together at the University of Oklahoma.

The 42-year-old Meacham will continue in Henry's cabinet. In the last two years, Meacham has been Henry's lead negotiator on key legislative issues.

He was the architect of a plan to erase a huge deficit in Henry's first term and played a significant role in events that led to voter approval of a state lottery. He also led the negotiations on tobacco and gaming compacts with Indian tribes.

Meacham practiced law in Clinton for 11 years before joining the bank in Elk City that his ancestors started in 1901.

Russell and Foster Honored at Law Day Luncheon

2005-05-03T07:05:00.000-05:00

Yesterday, Oklahoma's legal community recognized two outstanding individuals for their exemplary record.
Judge David L. Russell was honored with The Journal Record Award. Judge Russell has served as Assistant Attorney General of Oklahoma, legal advisor to Governor Dewey F. Bartlett, and U.S. attorney for the Western District of Oklahoma under Presidents Ford and Regan. He was appointed to the bench of the Western District by President Regan in 1982, and served as cheif justice of that court from 1994 to 2001.
Also honored was Buddy Faye Foster for her work with the Oklahoma Lawyers for Children. Foster was given the Liberty Bell Award, which is given to a non-lawyer who has a positive impact on the legal community and the rule of law. Foster has been the executive director of the Oklahoma Lawyers for Children and a driving force behind its success.

Nominations Made for the Oklahoma Court of Civil Appeals

2005-05-02T07:11:00.000-05:00

Norman attorney Robert D. Bell, Oklahoma City lawyer Alison Cave and former Oklahoma Court of Civil Appeals judge Patricia Dougherty MacGuigan were nominated by the Oklahoma Judicial Nominating Commission to fill a vacancy on the Oklahoma Court of Civil Appeals. The vacancy was created in November by the death of Judge Carl B. Jones.

Bell has been a municipal judge in Moore since 1994 and works at the Bell Law Firm in Norman.

Cave was Judge Jones' law clerk from 1999 to 2001 and is now in private practice.

MacGuigan was a judge and presiding judge on the civil appeals court from 1982 to 1991. She resigned to move to Canada, where her husband was a justice on the Canadian Federal Court of Appeals.

Now a widow, MacGuigan is an administrative law judge at the Oklahoma Corporation Commission.

AG Urges Dear Abby Letter Writer to Seek Help

2005-05-02T07:06:00.000-05:00

Attorney General Drew Edmondson today said a letter from an Oklahoma woman posted in “Dear Abby” illustrates the problem of domestic violence, and he encouraged the letter’s writer to seek help.

The letter, which was signed “Hurting in Oklahoma,” was from a 24-year-old woman who claims to be a long-time victim of domestic violence. In the letter, “Hurting” describes an incident where her husband kicked her repeatedly and then doused her with lighter fluid. When the man left the room, the woman left the house, only to return months later after her husband promised to end the abuse.

The letter’s writer then describes a period of happier times known to experts as the “honeymoon” phase, followed by an escalated level of violence that included gunfire.

“Often, abuse victims get caught up in this cycle where the abuser agrees to change and then eventually returns to old habits,” Edmondson said. “The violence will continue to escalate until the victim either dies or gets help. It’s a matter of life or death for this woman and all domestic violence victims to get help.”

Edmondson urged the woman to contact the safeline for domestic violence victims. That number is 1-800-522-7233. Edmondson also said Dear Abby’s advice of contacting the National Domestic Violence Hotline was sound advice.

“Even though the number given in the column is a national hotline, victims can be referred to local shelters,” Edmondson said. “The national hotline also gives victims advice on how to escape their attacker.”

The number for the National Domestic Violence Hotline is 1-800-799-7233.

The attorney general said he was also concerned about “Hurting’s” assertion that she had contacted local law enforcement about the abuse, but they “refuse to do anything.”

“It is the job of the law enforcement community to protect our citizens,” Edmondson said. “We can not allow law enforcement to turn their backs on domestic violence victims. If the woman who wrote that letter will contact our office, we will protect her privacy and make sure she gets help. The number she should call is (405) 522-0146. We hope she will not wait.”

Source: Attorney General Press Release

State Senate Approves Pro-Life Measure

2005-04-28T07:15:00.000-05:00

Passage Wednesday of meaningful pro-life legislation is a victory for all Oklahomans, said Senator Daisy Lawler, author of the measure and a founding member of Democrats for Life.

House Bill 1686 will ensure “informed consent” by Oklahoma women seeking abortions and “parental notification” before a minor can receive an abortion, the Comanche Democrat said.
The measure passed on a 44-4 vote.

“The United States Supreme Court has said that abortions are legal and constitutional,” Lawler said. “The goal of this legislation is to make sure Oklahoma women of all ages fully understand all their options when making the choice to end their pregnancy.”

Senate amendments to House Bill 1686 were crafted by Lawler, D-Comanche, and Senator Kenneth Corn, D-Poteau, in consultation with Tony Lauinger, chairman of Oklahomans for Life.

“With the endorsement of Oklahomans for Life, and the bi-partisan support this bill received in the Senate, I am extremely hopeful that the House will accept the Senate amendments and send this bill to Governor Henry,” Lawler said. “To do otherwise would be to simply play politics with the lives of unborn Oklahoma children.”

The legislation requires that women receive certain information 24 hours before an abortion can be performed. The information includes:
• The name of the physician who will perform the abortion;
• Medical risks associated with an abortion and carrying a child to term;
• The gestational age of the fetus;
• And other objective information including materials designed to inform her of the probable anatomical and physiological characteristics of the unborn child at two-week increments.

The bill also requires that women be told that the father of the child is liable for financial support and that government benefits may also be available to them.

The information will be published and provided by the State Board of Medical Licensure and Supervision and will contain a list of agencies and services available to assist a woman through a pregnancy and once the child is born.

The bill makes exceptions in cases of emergency.

“Oklahoma women who choose to end their pregnancies often do so because they haven’t been made aware of other options that are available to them,” Lawler said. “This bill will help educate Oklahoma women of all their choices and the services available to them.”

The measure also requires that 48 hours before an “un-emancipated minor” or a woman for whom a guardian has been appointed can receive an abortion, the parents or guardian of the woman must be notified in writing.

The law provides for judicial bypass of parental notification in certain circumstances.

The bill also sets out penalties for violation of the act, including disciplinary action against the physician by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners.
Additionally, the bill allows for criminal prosecution of a person who commits the crimes of shooting with intent to kill, drive-by shooting and aggravated assault and battery upon an unborn child from conception through the entire pregnancy.

That portion of the legislation has been dubbed the “Lacy Peterson Provision,” in remembrance of the pregnant California woman whose murder received national attention when her husband was charged with and convicted of the crime.

Source: Senate Press Release

Senate Approves Tax Credit Aimed at Boosting Film/Music Production in Oklahoma

2005-04-28T07:12:00.000-05:00

The State Senate has given full approval to a measure designed to boost film and music production in Oklahoma. House Bill 1716 , by Sen. Debbe Leftwich, D-OKC, and Rep. Susan Winchester, R-Chickasha, creates an income tax credit equal to 25 percent on profits for a film or music project when those profits are re-invested into another Oklahoma film or music project.“I believe this is an excellent incentive to attract more film and music production to our state and ensure they’ll keep coming back. These are non-transferable tax credits that are good for the entertainment industry and good for Oklahoma,” Leftwich said.In addition to HB 1716, Sen. Leftwich has also authored SB 877 which amends the Tourism Development act to extend tax benefits to music productions as well as film. “Look at the incredible musical talents our state has produced—people like Reba McEntire, Garth Brooks, Toby Keith, Vince Gill—and there are many more. Why not build on that talent and really go after developing a music production industry right here. If Austin can do it, why can’t we? I believe each of these bills will help move us in that direction,” Leftwich said.Both SB 877 and HB 1716 will next move to conference committees where the final version of each measure will be written.

Source: Senate Press Release

Bill Strengthening Oklahoma's Meth Law is Approved by the House

2005-04-27T00:33:00.000-05:00

Monday afternoon, the state House overwhelmingly approved a measure that Gov. Brad Henry said will strengthen Oklahoma’s landmark anti-methamphetamine law. House Bill 1507 establishes a statewide online database that will link pharmacies to augment an existing law restricting sales of pseudoephedrine, a key ingredient in methamphetamine.“Oklahoma has been a national leader in efforts to stamp out the scourge of methamphetamine, but that does not mean we can afford to rest on our laurels,” Gov. Henry said.“HB 1507 helps ensure that our state continue to see an erosion of meth abuse. By creating an electronic network of pharmacies, we will make exceedingly difficult for meth manufacturers to skirt the law. Connecting pharmacies across our state means that a pharmacist will be able to check if a customer has already purchased the maximum amount of pseudoephedrine allowed by law.”Authored by state Rep. Paul Roan (D-Tishomingo), state Rep. John Nance (R-Bethany) and Sen. Jay Paul Gumm (D-Durant), HB 1507 builds on the incredible successes of Oklahoma’s battle against the spread of meth abuse.Signed into law last year by Gov. Henry, House Bill 2176 requires that tablet sales of pseudoephedrine be placed behind pharmacy counters and that buyers show their identification upon purchase. Another provision of that act allows judges to deny bond to chronic meth offenders. HB 2176 has been credited with a signifcant drop in methamphetamine-related busts. According to the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, meth lab seizures have dropped by as much as 70 percent since the law was enacted in April, 2004.In addition, Gov. Henry has been a strong proponent of efforts by U.S. Reps. Dan Boren (D-Muskogee) and Tom Cole (R-Moore) for federal legislation that would mirror Oklahoma’s anti-methamphetamine law.Gov. Henry said he plans to sign into law HB 1507.

Source: Governor's Press Release

Senate Approves Bill Banning Political Contributions at the Capitol Building

2005-04-22T07:39:00.000-05:00

The Senate has given bipartisan approval to a measure by Sen. John Ford (R-Bartlesville) to prohibit anyone from accepting campaign contributions at any state government buildings.
The House author of House Bill 2058 is Rep. John Trebilcock (R-Broken Arrow). The measure, which was approved 44 to 1 on Monday, would make accepting contributions a misdemeanor offense.
"I do not believe that this bill would create an unnecessary hardship or impede government in any way," said Ford. "The problem is that there's a lot of distrust towards elected officials. If we can do something to help restore that trust, then we should."
House Bill 2058 will now move to a joint House/Senate conference committee. There the final version of the bill will be drafted before being returned to each chamber for a final vote.

Scholarship Program for Physician Assistants Approved by Senate

2005-04-22T07:35:00.000-05:00

A bill to encourage people to enter physician assistant education programs and to practice in Oklahoma's rural and medically underserved areas won unanimous approval in the State Senate today. House Bill 1411 establishes the Physician Assistant Scholarship Program, which will be supported through a revolving fund created for and administered by the Physician Manpower Training Commission. The measure was authored by Rep. Doug Cox, R-Grove, and Sen. Susan Paddack, D-Ada."We have a real need for more physicians in our rural areas; and being that a majority of Oklahoma is rural, it was important that we help get more medical professionals in those areas," said Paddack. "We believe that this scholarship program will encourage more people to go into this field and work in our rural health care systems."A physician assistant is a professional member of the health care system qualified by intense basic science and clinical training to practice medicine under the supervision of a physician. The PA does not replace the physician, but works with that person to help extend health care services to patients.Paddack noted that only students who are residents of the state and who have been admitted as a student in an accredited physician assistant program will be eligible for the new scholarship program. If a scholarship recipient fails to fully comply with the provisions of the scholarship contract, the person will be required to return all the funding they had previously received plus interest. HB 1411 now moves to a conference committee.

Source: Oklahoma Senate Press Release

Statute of Limitations for Child Molesting to be Extended

2005-04-22T07:32:00.000-05:00

Yesterday, after previously winning unanimous approval in the House, House Bill 1013 was unanimously approved by the State Senate. The bill by Rep. Larry Glenn, D-Miami, and Sen. Debbe Leftwich, D-OKC is a measure to increase the statute of limitations for filing charges against suspected child molesters. It would increase the statute of limitations from seven (7) years after discovery of the crime to twelve (12) years.
Several states have no time limitations whatsoever for filing charges against child predators. Of those that do, Oklahoma currently has one of the shortest.
This last extension of the limitations period occurred in 1990 when the legislature amended state law to increase the statute of limitations from five to seven years.

New Grand Jury Convened

2005-04-20T07:47:00.000-05:00

The Oklahoma Supreme Court has convened a new Multicounty Grand Jury. This will be Oklahoma’s tenth Multicounty Grand Jury. The court appointed Oklahoma County District Judge Bryan C. Dixon to preside. The office of Attorney General Drew Edmondson administers the multicounty grand jury.

The previous grand jury adjourned February 23rd after 18 months of service. The grand jury focused much of its time investigating former insurance commissioner Carroll Fisher and the Oklahoma Insurance Department.

In a separate order, the court today directed the attorney general’s office to respond to a defense attorney’s motion challenging the office’s authority to convene a grand jury. In that same order, the court ruled that “to the extent that Stephen Jones’ application challenges the mere convening of the Multicounty Grand Jury, the same is denied.” Edmondson said his office will respond as directed and hopes the court will quickly dispense with the challenge. “We know of no legal basis for this challenge,” Edmondson said. “We will not let legal gamesmanship distract us from the real work of the grand jury.”

Source: Attorney General Press Release

New District Judge for Oklahoma County

2005-04-20T07:20:00.000-05:00

This Monday, Governor Brad Henry named Donald Deason as the new district judge for the 7th Judicial District in Oklahoma County. This appointment comes after several months of review of many highly qualified individuals who were vying for the judicial position.
A graduate of the University of Oklahoma law school, Deason was an assistant district attorney in Oklahoma County for 20 years. Deason has served as a special district court judge since 1999. The 52-year-old Deason replaces David Harbour, who resigned due to health issues. Deason is married and has two children.

IME-Report to be Considered on a Equal Footing to All Other Proof in the Case

2005-04-14T09:39:00.000-05:00

The Oklahoma Supreme Court issued an opinion Tuesday refusing to automatically give an independent medical examiner's report greater weight than that given to any other evidence. The court held that 85 O.S. §17 does not give an IME-report "prima facie effect." YOCUM v. GREENBRIAR NURSING HOME, 2005 OK 27

On February 2, 2000, Yocum suffered neck injury to her neck, back and shoulder while she was working at a nursing home. Yocum's physician "recommended she undergo a psychological evaluation as well as procedures for pain management. Her "employer's medical expert reached a contrary conclusion. According to his report she was neither in need of medical care and maintenance nor of treatment for psychological overlay. The report stated that [Yocum's] complaints of anxiety are caused by a pre-existing condition, not by the February 2nd injury. The trial judge then ordered four independent medical evaluations to assess claimant's need for further treatment. These four reports recommended pain management and psychological overlay treatment. On consideration of the entire medical evidence, the trial judge denied the request for treatment, resting his decision on the ground he was 'not persuaded . . . that she has psychological problems caused by the injuries.'"

The Court of Civil Appeals (COCA)vacated the panel's order and remanded the claim holding that "by its enactment of the independent medical examiner (IME) system the Legislature intended to accord prima facie effect to an IME-report assessment." The COCA held that the "legislative intent to give greater probative value to an opinion by a court-appointed IME is explicitly (or implicitly) reflected in the provisions of 85 O.S.2001 §17."

On appeal to the Supreme Court, Yocum's employer argued that "by prescribing a different weight to be given IME opinions, COCA distorts, if not indeed discards, the long-established any-competent-evidence standard for review of the panel's factual resolutions and invests the court-appointed doctor with "judicial authority" for making findings of fact."

The Supreme Court held that "there is neither legislative mandate for departing from the long-established any-competent-evidence standard of review nor for according an IME-report assessment an elevated (or lowered) rank for probative value. The court reasoned that "unlike the administratively managed workers' compensation regimes of Massachusetts and Louisiana, which statutorily mandate that IME opinions be treated as "prima facie" proof, the terms of 85 O.S.2001 §17(D) allocate no predetermined weight or probative value to the medical opinions of court-appointed physicians."

The court noted that "Any other gloss upon §17 would place its constitutionality in serious doubt," because it would "encroach upon the free exercise of decisionmaking powers reserved to the judiciary." According to the court this would violate the separation of powers doctrine which "interdicts legislative intrusion upon the functions assigned to the judiciary by the constitution." The court noted that the COCA's interpretation of the statute would "impermissibly rob that tribunal of its independent power to establish impairment or disability within the range of received competent evidence." (See Editorial note above.)

The court concluded that the "probative value of an IME's opinion on the extent of impairment or disability is evidence to be considered on a footing equal to all other proof in the case."

Lawler Praises Senate Panel for Passage of Pro-life Bill

2005-04-13T12:48:00.000-05:00

April 7, 2005Oklahoma Senate Press Release:
Senator Daisy Lawler said today she is pleased pro-life legislation cleared the Senate Health and Human Services Committee. Lawler said House Bill 1686 passed the panel with bi-partisan support. Lawler, one of the co-founders of Democrats for Life, is particularly pleased that women who are facing the decision to end their pregnancy will now be armed with information that will hopefully help them choose life.

“Women who choose to end their pregnancies often do so because they are unaware of other options that are available to them,” Lawler said. “This bill will help educate Oklahoma women of all their choices.”

Lawler (D-Comanche) said the bill also makes it illegal for a physician to terminate a pregnancy without the voluntary consent of the pregnant woman. The expectant mother must receive information about services available to her 24 hours before the termination of the pregnancy.

“Requiring women to receive information 24 hours prior to the termination of the pregnancy will allow women much needed time to consider all their options,” the senator said. “The goal of this legislation is to make sure all Oklahoma women fully understand all their options when making the choice to end their pregnancy. Hopefully once they are armed with all the information about the services that are available to them they will choose not to terminate the pregnancy.”

The bill also includes language to enact a “Laci Peterson Act” which makes it a separate crime to harm or kill an unborn child during the commission of a crime against the baby’s mother.

“We all watched the tragic events surrounding the death of Laci Peterson and her unborn child, Connor,” the lawmaker said. “Making criminals pay for taking the life of a mother and her unborn child is commonsense legislation.”

Lawler said enacting the “Laci Peterson Act” will make criminals accountable for the crimes they commit against not only a mother, but also against the unborn child that expectant mother is carrying.

“I am proud of the members of the committee who not only agreed that criminals should be punished for taking the life of a mother and her unborn child, but who also agreed about the importance of educating women on their choices when facing the decision to terminate a pregnancy,” Lawler said. “This legislation is an important part of our work to make tomorrow better for our children.”

Oklahoma Will Continue to Prohibit Tattooing

2005-04-13T12:03:00.000-05:00

Tattooing has been illegal in Oklahoma since 1965 and it appears that Oklahoma will likely continue to be the only state to prohibit tattooing, at least for another year. The chairman of an Oklahoma state House committee says members have more pressing issues to consider than thetattoo bill.

However, tattoo parlors are openly advertising, and drumming up plenty of business. The Tulsa County District Attorney issued a misdemeanor arrest warrant for a Broken Arrow tattoo artist. He faces a possible $500 fine and 90 days in jail if convicted.

Opponents of the body art bill say tattooing can spread disease. Health officials say "regulation" would actually curb the spread of blood borne illnesses like Hepatitis.

Welcome to the New Connecticut Law Blog

2005-04-13T07:26:00.000-05:00

The creators of Kirby's Reports and the Three Generations/a Public Defender blog(http://kirbysreports.blogspot.com
and http://publicdefender.typepad.com ), two blogs covering Connecticut law, have recently joined forces to formThe Connecticut Law Blog (http://connecticutlaw.blogspot.com/), which will cover all aspects of Connecticut law.
Both of the authors are attorneys admitted in Connecticut, one a public defender, the other an in-house corporate lawyer. They have blogged extensively on Connecticut's courts, including the state Supreme Court, the death penalty (in particularthe Michael Ross case), and the sentencing of former ConnecticutGovernor John Rowland on corruption charges -- as well as a number ofother issues.

Time Line for the Jimmie Ray Slaughter Case

2005-04-11T17:19:00.000-05:00

Because I have had some comments, inquiries, and hits related to the Jimmie Ray Slaughter trial and execution, I have decided to publish the following time line.

July 1991 - Bodies of Melody and Jessica Wuertz found.
January 1992 – charges filed against Jimmie Ray Slaughter.
May 1994 – trial of JRS commences.
October 1994 – jury recommends death penalty and trial court affirms.
January 1995 – Investigative police Officer Dennis Dill files a complaint against the City of Edmond, Lieutenant Terry Gregg, and Chief of Police Bill Vetter based on their refusal to allow him to bring what he believed to be exculpatory evidence to light and retaliating against him for attempts to do so.
December 1997 – Oklahoma Court of Criminal Appeals affirms trial court’s decision to impose the death penalty.
??? - JRS petitions the U.S. Supreme Court for a writ of certiorari
October 1998 – JRS’s petition for writ of certiorari is denied by the U.S. Supreme Court.
April 1998 – JRS files an application for post-conviction relief.
November 1998 – OCCA denies JRS’s application for post-conviction relief.
??? – Petitions the U.S. District for the Western District of Oklahoma for a writ of habeas corpus.
??? – USDWDO denies JRS’s petition for writ of habeas corpus
June 2003 – United States Court of Appeals, 10th Circuit affirms the USDWDO denial of JRS’s petition for writ of habeas corpus.
??? - JRS appeals 10th Circuit’s decision to the U.S. Supreme Court by filing a writ of certiorari.
March 2004 - U.S. Supreme Court denies JRS’s writ of certiorari.
March 2004 - JRS files second appeal for post-conviction relief and motion for evidentiary hearing.
January 2005 - JRS’s second appeal for post-conviction relief is denied by OCCA and execution date is set for March 15, 2005.
January 2005 - JRS files third application for post-conviction relief and motion for evidentiary hearing.
March 10, 2005 - JRS’s second appeal for post-conviction relief is denied by OCCA.
??? - JRS files application to the U.S. Supreme Court for stay of death sentence and writ of certiorari.
March 15, 2005 - U.S. Supreme Court denies JRS’s application for stay of death sentence and writ of certiorari.
March 15, 2005
(6:19 p.m.) - Jimmie Ray Slaughter is executed by lethal injection.

Extra Money for Extra Long Jury Duty

2005-04-09T19:41:00.000-05:00

On Tuesday, Oklahoma Supreme Court issued IN THE MATTER OF THE IMPLEMENTATION OF THE LENGTHY TRIAL FUND, 2005 OK 21 , which approves the rules for the Lengthy Trial Fund. These rules allow a juror to request payment from the lengthy trial fund for full or partial wage replacement when engaged in a term of jury service lasting greater than ten (10) days. The Administrative Director of the Courts may pay replacement or supplemental wages of up to $200.00 per day on or after the eleventh day of jury service. If the service as a juror in a trial lasting more than ten days is a significant financial hardship on any particular juror, the court may then award replacement or supplemental wages of up to $50.00 per day for the fourth to the tenth day of jury service.

Escaped Oklahoma Killer Randolph Dial Found

2005-04-06T23:14:00.000-05:00

Several years ago, a new couple moved into a mobile home on a wooded lot in Campti, Texas, a small town near the Louisiana Border. As the years passed, residents of Campti began to feel that there was something not quite right about the pair. They kept to themselves in their secluded trailer, raising their chickens. They were not social with the locals, which was unusual for this small community.
Early this month the residents of Campti found out why their neighbors had been so aloof. Someone surfing the "America's Most Wanted" web site saw a familiar face. Based on a tip from the AMW fan, law enforcement officers entered the mobile home and found Randolph Franklin Dial .
Over fifteen years ago, Randolph Dial had been sentenced to life imprisonment by Judge Clifford E. Hopper of the District Court of Tulsa County for the murder of Kelly Hogan, an Oklahoma karate instructor, in 1981. Dial confessed to the murder, claiming it was a contract killing and that he was hired by the mob.
While in prison Dial, a renowned sculptor and painter who holds a masters degree in art, obtained trusty status allowing him to stay outside the prison walls with only minimum security. On August 30, 1994, Dial escaped taking with him Bobbi Parker, the wife of a deputy warden of the prison.
Parker, whom residents of Campti had known as "Sam", was found shortly after Dial's re-arrest tending chickens in a nearby farm. Though initially it appeared that Parker did not wish to return to her family, more recent reports indicated that she was kept captive against her will and never reported Dial in fear for her family's safety. Parker and her husband Randy had an emotional reunion on Tuesday.

Oklahoma Court of Criminal Appeals Answers Federal Question on Oklahoma Gun Law

2005-03-31T12:20:00.000-06:00

The Oklahoma Court of Civil Appeals ("OCCA") answered a certified question this Monday submitted by Judge Holmes of the United States District Court for the Northern District of Oklahoma. WHIRLPOOL CORP. v. HENRY, 2005 OK CR 7 . In the federal lawsuit, national employers are challenging a state gun law.
House Bill 2122, which amended the Oklahoma Firearms Act and the Oklahoma Self-Defense Act became effective November 1, 2004. The new sections of law provided:

No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

The Legislature passed the amendment in response to the firings of 12 workers at a Weyerhaeuser Co. paper mill in southeast Oklahoma in 2002. The timber company had extended its longtime ban on guns in the workplace to the parking lot, and dogs found guns in the 12 employees' vehicles.

Tulsa-based Williams Cos., Houston-based ConocoPhillips and other businesses filed a lawsuit in federal court in Tulsa last year challenging the statute.

The question before the OCCA was "Whether 21 O.S.Supp.2004, § 1289.7a or 21 O.S.Supp.2004, § 1290.22(B) (relating to the prohibition against establishing any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle) is a criminal statute, the violation of which may subject a violator to criminal misdemeanor sanctions or punishment under the laws of the State of Oklahoma?" WHIRLPOOL CORP. v. HENRY, 2005 OK CR 7, ¶1

The question was certified to help guide the federal court in deciding whether the state law is unconstitutional.

The OCCA held that because the plain language of the statute forbids an act, it fits squarely within the statutory definition of crime and public offense. See 21 O.S. § 3. Likewise the court noted that both acts are found within the Oklahoma Penal Code. As such, the court held that 21 O.S. § 1289.7a and 21 O.S. § 1290.22(B) "are both criminal statutes, the violation of which may subject a violator to criminal misdemeanor sanctions or punishment under the laws of the State of Oklahoma."

Assistant Attorney General Guy Hurst, said that the decision would probably make the constitutional issues argued by the State of Oklahoma harder to support. The state had argued the gun law is civil in nature and asked that the lawsuit be thrown out of federal court. The state claimed it is protected from civil litigation by sovereign immunity and the U.S. Constitution's 11th Amendment.

Sex Offender Registry

2005-03-25T16:50:00.000-06:00

I am prompted by the recent abductions and murders of several young women and children to post the folowing sites.
visit: http://docapp8.doc.state.ok.us/servlet/page?_pageid=190&_dad=portal30&_schema=PORTAL30 for the Oklahoma Sex and Violent Crime Offender Registry.
visit: http://www.prevent-abuse-now.com/register.htm for a list of registries for all 50 states.
See also: http://childsafenetwork.org/signup.php?pt=jc4&o=100&i=2035407

New Member of the Oklahoma Court of Criminal Appeals

2005-03-25T12:10:00.000-06:00

The newest member of the Oklahoma Court of Criminal Appeals was sworn in yesterday. Arlene Johnson is replacing The Honorable Reta M. Strubhar who has retired after almost twelve years on the OCCA. Judge Strubhar was the first woman to sit on the OCCA, and Judge Johnson will be the second.

Former District Court Judge Accused of Indecent Exposure

2005-03-23T12:37:00.000-06:00

Donald Thompson, former Creek County District Judge waived his right to a preliminary hearing yesterday. Thompson is facing three felony counts of indecent exposure for allegedly masturbating using a device called a "penis pump" under his robe while presiding over three separate trials in 2003, including two murder trials. Clark Brewster, Thompson's attorney, stated that "the judge still firmly denies these sensational charges." A court reporter and a Creek County bailiff told investigators that they had seen Thompson attach the pump during the murder trial of Kurt Vomberg in May of 2003. Several jurors also reported hearing a "sh-sh" sound like a bicycle pump or blood-pressure pump.

Cal Hobson Steps Down as Senate Pro Tem

2005-03-23T12:14:00.000-06:00

After recently discussing his on-going battle with alcoholism with fellow lawmakers, Senate President Pro Tem Cal Hobson relinquished his leadership role today during a meeting of the House Democrats. This decision follows a vote of the Democratic caucus to ask Hobson to step down or to face a formal move to replace him. Hobson has been a state Senator since 1990 after serving for 12 years as a member of the State House of Representatives. Hobson has twice undergone treatment for his problem with alcohol abuse in 2003 and 2004. Senator Mike Morgan of Stillwater was elected to replace Hobson.

Oklahoma's Casket Law Stands

2005-03-21T22:56:00.000-06:00

Under Oklahoma Title 59, Section 396.6,Oklahoma allows only licenced funeral directors to sell caskets.Oklahoma is one of only nine states to have sucha requirement. The stated purpose of this law is to protect families from fraud.
Kim Powers, a Ponca City woman who sells caskets on the Internet has lost an effort to overturn the law.
Today the U.S. Supreme Court refused to consider Powers' appeal from the Tenth Circuit's decision. The Tenth Circuit held that it is not the role of the court to second-guess economic restrictions enacted by state legislatures. This ruling conflicts with a recent Sixth Circuit opinion which found a similar Tennesee law unconstitutional.

Governor's Tort Reform Bill Fails to Gain Hearing

2005-03-18T12:44:00.000-06:00

Senate Democrat leaders did not bring up Gov. Brad Henry’s lawsuit reform package for a vote on the Senate floor yesterday, the final day to vote on bills in the house of origin. Both Democrats and Republicans believed that the bill would not receive the votes needed to pass the Senate. Republican Senators are now focusing their attention on House Bill 2047, a tort reform bill authored by Speaker of the House Rep. Todd Heitt

Attorney General is Attempting to Locate L. G. Tittsworth's Family

2005-03-17T12:12:00.000-06:00

Attorney General Drew Edmondson is looking for the family members of Lawanna Gail Tittsworth. Because an execution date has been set for Garry Thomas Allen, the man convicted of murdering Ms. Tittsworth, the AG's victim/witness coordinator has been searching for her family, but without success. Tittsworth was murdered Nov. 21, 1986, as she attempted to pick up her sons at Beaulah’s Day Care Center in Oklahoma City. On March 7, 2005, the Oklahoma Court of Criminal Appeals set Allen’s execution date for May 19. Edmondson said, any time an execution date is set, his office attempts to notify victims’ family members . Family members are asked to contact Allyson Carson at 405-521-3921.
See previous post of February 24, 2005, "Attorney General Requests Execution Dates"

The End of Common-Law Marriage in Oklahoma?

2005-03-16T08:00:00.000-06:00

Oklahoma is one of a fifteen-member minority of states that still recognizes common-law marriages. Yesterday, however, the House passed a bill that would cease the recognition of common-law marriage in Oklahoma. If House Bill 1455 is enacted, common-law marriages, not previously recognized by a court of competent jurisdiction, will no longer be recognized as valid after November 1, 2005. Representative Lee Denny of Cushing is the author of the bill. Denny said common-law marriage was a law from the cowboy days and had outlived its usefulness. Denny said the new law was designed to strengthen marriage in Oklahoma by encouraging traditional marriage.

Jimmy Ray Slaughter was Executed this Evening

2005-03-15T21:49:00.000-06:00

After the Oklahoma Court of Criminal Appeals rejected an appeal for Jimmy Ray Slaughter on Thursday, the 10th U.S. Circuit Court of Appeals denied an appeal on Monday, and the U.S. Supreme Court denied a request by Slaughter's attorneys for a stay of execution earlier today, Slaughter was executed by lethal injection at 6:19 p.m. today.
In his final statement Slaughter tilted his head so that he could smile at his three grown daughters, his fiance, and a death penalty opponent he befriended during his incaceration.
"It's OK," he told them. "I've been accused of murder and it's not true. It was a lie from the beginning. God knows it's true, my children who were with me know it's true and you people will know it's true someday. May God have mercy on your souls."
After his final statement, Slaughter exhaled deeply and closed his eyes. As the mixture entered his system, the color left his face. His mouth and eyes were slightly open when he was pronounced dead.

All 12 Members of the Tenth Circuit to Hear Cases in Oklahoma Universities

2005-03-07T12:38:00.000-06:00

The Tenth Circuit Court of the United States is hearing cases at the University of Oklahoma College of Law today. Though usually only a panel of three hears cases outside of Denver, a full panel of 12 judges will consider arguments in two appeals out of New Mexico.
The criminal appeals on Monday challenge the constitutionality of federal sentencing guidelines. In January, the Supreme Court ruled that guidelines allowing federal judges to add time to a defendant's sentence if they found an aggravating factor, such as use of a gun, violated the Sixth Amendment right to a jury trial. Sergio Gonzalez-Huerta was convicted of illegally re-entering the United States after being convicted of a felony. He is asking that his sentence of four years and nine months be thrown out.
The panel also plans to conduct hearings at the University of Tulsa and Oklahoma City University in the next week. The Court will hear over 60 cases in this time.

Oklahoma Lawyer's License Suspended for One Year for having Sexual Relations with a Client

2005-03-03T17:34:00.000-06:00

I was anxious to post the information about a recent disciplinary case which is rather interesting. Unfortunately, I have been incredibly busy the last week.

On February 22, 2005, the Supreme Court issued an opinion in the case of State, ex rel. OBA v. Phillip John Anderson, 2005 OK 9.
The Oklahoma Bar Association filed a complaint against Phillip John Anderson for violations of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S. 2001, Ch. 1, App. 3-A, specifically Rule 1.3 and Rule 8.4 . Lee Ann Stroud, Anderson's former client and the complaining witness, accused Anderson "of sexual assault against her in her home"; "of committing the crime of rape against her in her home"; and "of committing the crime of forcible oral sodomy against her in her home". Criminal charges against Anderson were filed but were later dismissed. Anderson "admitted having a sexual relationship with Stroud, and that he had had sex with her for the purpose of being hired to handle a medical malpractice case for her." Ironically, this medical malpractice case was against Stroud's former psychiatrist. Stroud had alleged that the psychiatrist had initiated a sexual relationship with her during her therapy. This sexual relationship lead to her divorce. Stroud hired Anderson for filing post-divorce contempt proceedings against her former husband.
Anderson had a history of having sexual relations with clients, including one divorce client whom Anderson later married.
In his testimony, Anderson stated that "he thought there was a specific ethics rule against having a personal relationship with clients, although he did not know which rule it was." "He stated he learned he should not engage in personal relationships with clients because of the toll it takes on him as the attorney and as a person."
The Court suspended Anderson's license for one year and assessed the costs of the proceeding. This holding was based (at least in part) on Anderson's lack of remorse. The Court distinguished the facts of this case from those of State, ex rel. OBA v. Robert F. Groshon, 2003 OK 112, 82 P.3d 99, in which the Court ordered the Respondent to be disciplined by a public censure because the Respondent showed remorse and because the incident appeared to be an isolated event.

Attorney General Requests Execution Dates

2005-02-24T07:28:00.000-06:00

Tuesday, Attorney General Drew Edmondson asked the Oklahoma Court of Criminal Appeals to set execution dates for two men convicted of separate murders in Oklahoma County after the United States Supreme Court today denied their final appeals.
Garry Thomas Allen, 48, was convicted of the Nov. 21, 1986, murder of Lawanna Gail Titsworth, 42. Titsworth was the mother of Allen’s sons, Antonio, 6, and Adrian, 2. Allen was convicted of shooting Titworth as she attempted to pick up her sons at Beaulah’s Day Care Center in Oklahoma City.
George James Miller, Jr., 39, was convicted of the Sept. 17, 1994, murder of Gary Kent Dodd, 25. Dodd was working as the night auditor for Central Plaza Hotel, I-40 and Martin Luther King Dr., when Miller stabbed him repeatedly, beat him with hedge shears and a paint can and poured muriatic acid down his throat.Edmondson asked the court to set both dates 60 days from today or at the earliest date the court deems fit.
Source:Attorney General Press Release

Law Limiting Public Access To DPS Records Progresses

2005-02-24T07:17:00.000-06:00

Legislation to limit the public's access to Department of Public Safety records was approved by a legislative committee after its author said the Oklahoma Press Association is working with DPS to iron out differences.Representative John Carey says the House Rules Committee voted 8-to-0 to send the measure to the full House for a vote.Earlier this month, an Oklahoma County judge ordered DPS to give a Tulsa newspaper a list of documents and computerized data including records concerning use of force by state troopers; a database of police dog searches; a list of lawsuits and other legal actions involving DPS; and records relating to the agency's computerized data.The proposed legislation would amend Oklahoma's Open Records Act to only permit requests for records related to a specific incident and would bar access to DPS policies and procedures as well as operations manuals if their release would jeopardize safety or security.

Source: Associated Press

Governmental Immunity for Injury Resulting from an Athletic Contest is Limited

2005-02-19T01:43:00.000-06:00

In the recent case of GREEN v.KONAWA INDEPENDENT SCHOOL DISTRICT, 2005 OK CIV APP 10 the Oklahoma Court of Civil Appeals ("COCA") has limited the interpretation previously given to 51 O.S. § 155.
On May 11, 2001, Raymond Green, a fourth grader at the Konawa Elementary School, ("School") was a participant in the elementary school track meet at the track/football field facility of Konawa Schools. After taking his turn, he and three other students were directed by a supervising teacher to go to a "stand" outside the track area and wait for the event to be completed. Raymond and the others went to the stand and climbed to the top level. One of the students, who weighed perhaps two hundred pounds, leaned over the top rear edge of the stand, causing it to topple backwards. Raymond was injured in the ensuing fall.
Raymond's father, Dennis Green, filed a lawsuit against the School. He claimed his son's injuries were caused by the negligence of School in failing to secure the stand and/or to properly supervise the children.
School filed a motion for summary judgment based upon an exemption from liability for a loss or claim resulting from "[p]articipation in or practice for any interscholastic or other athletic contest sponsored or conducted by or on the property of the state or a political subdivision" provided in 51 O.S. § 155(20).
Based upon the intpretation given to this statute in the following three cases, the trial court granted the School's Motion for Summary Judgment.
In Curtis v. Board of Education of Sayre Public Schools, 1995 OK 119, 914 P.2d 656, the injured party in that case was a 12-year-old boy who was participating in a softball game during a physical education class. The Oklahoma Supreme Court held that the exemption barred the action, because, although the law had originally only applied to injuries sustained in interscholastic contests, the legislature had amended the provision to also apply to "other athletic contest[s]." Id. at ¶ 9, 914 P.2d at 659.
In Evans v. Oaks Mission Public School, 1997 OK 97, 945 P.2d 492 the injured party was a high school student who injured his shoulder in a wrestling match during a physical education class. The Oklahoma Supreme Court ruled that Section 155(20) barred the action to recover for the child's injury, because it was unrefuted "(1) that the injury . . . occurred while the student was participating in a wrestling match, an athletic contest, during his physical education class, and (2) that the injury occurred on school property." Id. at ¶ 9, 945 P.2d at 494.
Finally, in Hull v. Wellston Independent School District, 2002 OK CIV APP 46, 46 P.3d 180, a student at Wellston High School, suffered an intra-cerebral hemorrhage, a broken collar bone, and a punctured lung while participating in a practice football game between Wellston and Bethel High School. As a result of his injuries, he became permanently disabled. The COCA held that Section 155(20) barred the action because the student "was participating in a practice athletic contest at the time he was injured, and the contest was sponsored and conducted by School District." Id. at ¶ 13, 46 P.3d at 183.
However, upon a de novo review of the record, the COCA held that unlike the three cases described above, in which the child was clearly participating in an athletic contest on school property, "while there is no question the injury to Raymond was sustained on school property, there is a substantial question whether Raymond was participating in or practicing for an interscholastic or other athletic contest." The court noted that the undisputed material facts established that Raymond had ended his direct participation in the event and, at the direction of a school employee, had gone to the stand to wait for the other children to finish the competition.

Gov. Henry Approves Rules on Ammonium Nitrate Fertilizer Sales

2005-02-19T01:21:00.000-06:00

Press Release: Gov. Brad Henry has approved state Department of Agriculture rules that restrict sales of ammonium nitrate fertilizer, a key component of the bomb used in the 1995 attack on Oklahoma City’s federal building.“Although it has been 10 years since a bomb of fertilizer and fuel destroyed the Murrah building, the impact of that deadly day still reverberates today,” the Governor said. “These rules are sensible and will help guard against similar tragedies occurring again. Oklahoma must remain vigilant as the specter of terrorism continues to loom over our state and nation.”Under the rules, retailers will have to obtain the name, address, telephone number and driver’s license number of customers who purchase ammonium nitrate fertilizer.Ammonium nitrate was a key ingredient in the homemade bomb that Timothy McVeigh and Terry Nichols used to destroy the Alfred P. Murrah Federal Building, an attack that killed 168 people and injured more than 500 others. Ammonium nitrate was also used in a 2002 terrorist bombing in Indonesia and twice in November, 2004, explosions in Turkey.