Some Trials I have Completed:
Jury Trial, September 12-13, 2011, Delaware County, Oklahoma
My client was charged with Felony Eluding. My client was facing a range of punishment of 3 years to life in prison. Because of my client’s extensive prior felony convictions, the plea agreement offered by the District Attorney was 20 years in prison. The jury convicted my client of Misdemeanor Eluding and sentenced him to 1 year in the county jail.
Jury Trial, June 13-16, 2011, Okmulgee County, Oklahoma
My client was charged with First Degree Murder. My client was facing a penalty of life or life without parole if convicted. After a four day trial, the jury convicted my client of First Degree Manslaughter and sentenced him to 15 years in prison.
Jury Trial, April 20-22, 2009, Tulsa County Juvenile Court, Oklahoma
My juvenile client was charged with 2 counts of lewd molestation of two younger male relatives. The jury found my client NON DELINQUENT, which is the juvenile court’s equivalent of NOT GUILTY.
Jury Trial, June 2008, Okmulgee County, Oklahoma
Second trial of my client charged with Manslaughter in the Second Degree. Jury found my client NOT GUILTY.
Jury Trial, March 2008, Okmulgee County, Oklahoma
Client charged with Manslaughter in the Second Degree. Jury deadlocked after 8 1/2 hours of deliberation with 10 jurors voting NOT GUILTY. Case is scheduled for trial again in June 2008.
Jury Trial, January 2008, Creek County, Oklahoma
Client charged with the felony offense of Assault and Battery Upon a Law Enforcement Officer and facing a punishment of 4 years to life in state prison. The jury found my client guilty of the lesser misdemeanor offense of Resisting a Peace Officer. My client was sentence to one year in the county jail.
Jury Trial, January 2005, Tulsa County, Oklahoma
Client charged with Sexually Abusing a Minor Child and Exhibiting Obscene Material. The judge dismissed the Exhibiting Obscene Material charge before trial. The jury found my client NOT GUILTY of Sexually Abusing a Minor Child. See Tulsa World story here.
Jury Trial, June 2004, Tulsa County, Oklahoma
Client charged with Lewd Molestation. During deliberations the jury asked the judge if they could sentence my client to time served. The judge instructed the jury that they must sentence my client to the minimum of 1 year in prison. They jury returned a verdict of guilty and sentenced my client to 1 year in prison. With credit for time served, my client was released about 3 months later. The offer made by the assistant district attorney to settle the case as part of a plea bargain before trial was 7 years in prison.
Jury Trial, May 2003, Seward County, Kansas
Client charged with the following: 1. Aggravated Battery on a Law Enforcement Officer; 2. Obstructing Official Duty; 3. Criminal Damage to Property; 4. Possession of Cocaine, 2nd Offense; 5. Possession of Drug Paraphernalia; 6. Possession of Marijuana; 7. No Tax Drug Stamp; 8. Criminal Threat. The judge dismissed the Criminal Threat Charge after the State presented its evidence. The jury found the client NOT GUILTY of Possession of Cocaine, 2nd Offense, Possession of Drug Paraphernalia, Possession of Marijuana, and No Tax Drug Stamp. Although my client was convicted of counts 1 – 3, he received a punishment far less than the county attorney offered as part of a plea bargain before the trial.
Jury Trial, November 2002, Finney County, Kansas
Client charged with 5 counts of felony theft. Jury found client NOT GUILTY on all counts.
Jury Trial, May 2002, Seward County, Kansas
Client charged with felony DUI. Jury found client NOT GUILTY.
Some Dismissed Cases
I do not have a complete list of all of the cases that I have had dismissed for an illegal search and seizure or for lack of evidence. If I had such a list it would number well over 100–too many to list here. However, here is a partial list of some of the cases that have been dismissed pursuant to motions I filed:
Motion to Suppress, February 15, 2012, Tulsa County, Oklahoma
Client originally charged with Felony Possession of Marijuana. The district attorney reduced the case to misdemeanor possession thinking this would result in a plea and that my client and I would give up on the motion to suppress. We did not give up, and after a hearing, the judge granted my motion to suppress and dismissed the case after finding that the search of my client’s car was illegal. I could not have won this motion without the help of my client. My client helped me by doing two important things: 1. He did not consent to a search. 2. He kept his mouth shut during and after the traffic stop and search of his car.
Motion to Dismiss, December 28, 2011, Tulsa County, Oklahoma
My client was charged with operating a bingo game without a license. This “crime” is a misdemeanor carrying up to one year in jail. I filed a Motion to Dismiss for lack of evidence, and the Motion was set for a hearing. The morning of the hearing the State dismissed the case.
Motion to Suppress, September 19, 2011, Tulsa County, Oklahoma
Client charged with Possession of Marijuana within 1000 Feet of a School, a felony, and Possession of Paraphernalia. After the police knocked on his door and held him on his porch in 40 degree weather for 2 1/2 hours, my client’s will was finally overcome, and he consented to a search. The judge granted my motion to suppress and dismissed the case after agreeing with me that the consent was a result of coercion by the police. Tulsa World Article
Motion to Suppress, October 11, 2010, Washington County, Oklahoma
Client charged with Possession of Marijuana and Possession of Paraphernalia after a traffic stop. The judge granted my motion to suppress and dismissed the case after the suppression hearing because the District Attorney did not show the drug dog actually alerted on my client’s car and did not show the drug dog was reliable and well trained.
Motion to Suppress, June 10, 2009, Creek County, Oklahoma
Client charged with Endeavoring to Manufacture Methamphetamine after evidence was found during and illegal search or his car. I filed a motion to suppress. The Assistant District Attorney–one of the more reasonable ones–discussed my motion with me. I told him why the search was illegal and directed him to watch the video tape of the traffic stop and search. At the next court hearing, the State dismissed the case.
Motion to Suppress, March 27, 2009, Tulsa County, Oklahoma
Client charged with Possession of Marijuana after marijuana was found in her purse during a traffic stop. Motion to Suppress was set for hearing and before the hearing began the Assistant District Attorney told me that my brief was well written and that he was dismissing the case.
Motion to Suppress, October 2005, Tulsa County, Oklahoma
Client charged with Unlawfully Carrying Firearm. Judge granted my Motion to Suppress and dismissed the case.
Motion to Suppress, January 2005, Tulsa County, Oklahoma
Client charged with Trafficking in Illegal Drugs and facing a minimum of 10 years in prison. Judge granted my Motion to Suppress and dismissed the case. Client released from jail that day.
Motion to Suppress, December 2004, Tulsa County, Oklahoma
Client charged with Possession of Controlled Drug. Judge granted my Motion to Suppress and dismissed the case.
Motion to Quash, August 2004, Tulsa County, Oklahoma
Two clients both charged with Manufacturing Methamphetamine and being offered a plea agreement of 7 years in prison. Judge granted my Motion to Quash for lack of evidence and dismissed the case. Both clients released from jail that day.
Motion to Suppress, January 2004, Tulsa County, Oklahoma
Client charged with Delivery of Controlled Drug and because of his prior convictions facing mandatory prison time. Judge granted my Motion to Suppress and dismissed the case. Client released from jail that day.
