Tulsa Police Corruption

I have been working on some cases involving the Tulsa Police Corruption. I am working to free some clients that have been wrongfully convicted. When I think about the scope of this corruption it is just overwhelming. How many defendants were sent to prison that should not have been? How many children grew up without parents? How many parents and grandparents missed out on birthdays and holidays because of these corrupt police officers? How many loved ones never got the chance to hold the one they love one last time before they passed?

What would it be like knowing that someone you loved and cared about died and you could not even make it to the funeral? To know that your loved one died without knowing that you were innocent and were framed by the police?

What would it be like to try and explain to your child that you had to go to prison for something you did not do?

The corruption is unbelievable. Depressing really. I used to take a lot of pride in being involved in the legal profession. Not so much anymore. No wander people trust used car salesmen at about the same rate as lawyers.

I just don't understand how things could have ever got this bad. I wander if it is this way everywhere or if we can ever make a difference.

I heard a story about a little girl that was running up and down a beach after a bad storm. There were a hundreds of star fish on the beach out of the water. The little girl was running frantically picking up star fish to throw them back in the water so they would not die. A man was walking his dog along the beach and he asked the girl what she was doing. She said I am throwing the star fish back so they won't die. The man said it is no use you will never make a difference there are too many star fish. The little girl picked up a star fish and threw it into the water, she looked at the man and said "I made a difference to that one."

I used to be that little girl just happy to make a difference to one client at a time. But lately more and more I feel like the man. Maybe I am just feeling overwhelmed.

Another Corrupt Tulsa Police Officer Pleads Guilty

Yesterday, John K Gray, Tulsa Police Officer, pled guilty to taking money from an undercover sting in May of 2009. Gray was the target of the sting and the FBI had video of Gray pocketing the money. In his plea agreement Gray implicated 3 other officers. This is bad news for corrupt Tulsa Police officers that are currently being investigated. From what I hear Gray is cooperating and naming names.

Another Conviction Overturned Due to Police Corruption

The Tulsa World reported today that another Federal inmate was ordered released as a result of the ongoing police corruption investigation in Tulsa. This release brings the total to six Federal inmates that have been released. Below is the link to the article.

This release extends the alleged corruption back to 2004. In a pleading filed into this case there was an affidavit attached by Rochelle Martin a long time informant for TPD Officer Jeff Henderson. In that affidavit Martin claims that Officer Henderson and Officer Yelton coached her to lie under oath concerning the existence of a claimed confidential informant.

Whatever evidence US Attorney Jane Duke has, it was strong enough for the Justice Department to request the release of Bobby Haley. I know from personal experience they are not doing this with every case that there is a problem with.

Now in this investigation 4 law enforcement officers have be publicly implicated. Former ATF agent Brandon McFadden (who has pled guilty and is cooperating), TPD officer John K. Gray (He has been suspended and it is believed he is "TPD Officer B" in the McFadden indictment), TPD officer Jeff Henderson (He has been suspended and it is believed he is "TPD officer A" in the McFadden indictment) and now TPD officer Bill Yelton (Identified in the Rochelle Martin affidavit.)

How deep (and wide) will this investigation go?

http://www.tulsaworld.com/news/article.aspx?subjectid=14&articleid=20100522_11_A1_Afifth352220

Settlement of Lawsuit Good for Tulsa

On Wednesday May 19th Federal Judge Terrence Kern approved the settlement of the long standing racial discrimination lawsuit filed originally over 15 years ago. The settlement has two provisions that will help curb the corruption that has existed in the Tulsa police department for years.
The first provision is a cap of 15 years on special assignments. The reason the plaintiffs in the racial-discrimination lawsuit want this provision is to open more slots for minority officers. There is another benefit. The 15 year cap will break up some of the corruption that now exists in the Tulsa Police Department. When a particular unit or division of the department has officers that have been there for years and years it creates an atmosphere that allows corruption to grow and thrive. When there is very little turnover and officers know each other well there is little concern that a fellow officer is going to disprove of a corrupt officers actions, much less report the behavior.
Currently there is a Federal investigation of police corruption in the Tulsa Police Department. The investigation involves officers lying under oath, planting drugs on suspects, stealing money, committing perjury during jury trials and other hearings and making up confidential informants. Many officers in the areas that are being investigated, especially the leadership, have been in those divisions too long. This policy change will have a positive unintended consequence of breaking up corruption.
The other part of the settlement is the requirement that TPD purchase and maintain cameras in the police units. This will help cut down on corruption and streamline the process in the court proceedings. There will no longer be a question of whether probable cause exists to stop someone , this is a great policy change that should have occurred years ago.
These policy changes are good for the citizens of Tulsa and those accused of crimes. Louis Bullock should be congratulated for the fine work he has done on this case.

Take The Nickel

"...make no statement to the police under any circumstances."

- U.S. Supreme Court Justice Robert H. Jackson

The worst thing that someone suspected of a crime can do is give a statement to the police. Often time the most damning evidence a prosecutor has against someone is that person's own statement.

As former United States Supreme Court Justice Robert Jackson stated "...any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances." Watts v. Indiana, 338 U.S. 49, 59.

Modern day criminal law is so complex and complicated that it is impossible for someone to know what factual circumstances may implicate them in a crime. As written by United States Supreme Court Justice Stephen Breyer in Ruben v. United States, 524 U.S. 1301 (1998);

"the complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just when a particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation."

Why Would you Snitch on Yourself?

Even people that would never consider "snitching" on someone else will “snitch” on themselves without thinking twice about it. If you would not "snitch" one someone else than why would you "snitch" on yourself? If the police attempt to question you, the best thing you can do is exercise your 5th Amendment Right to Remain Silent....or as I like to say "Take the Nickel".

Do Not Be Intimidated Into Giving Up Your Rights

Many people give up their right to remain silent and/or their right not to consent to a search because they are intimidated. Police encounters can be a scary event but, being charged with a crime when the prosecution has the evidence it needs to convict you and send you to prison is even scarier.

Other people give up their rights because they were raised to believe that the police are their friends and that the police are there to help them. If you are suspected of a crime even the most honest and friendly officer is talking to you to get the evidence the government needs to prosecute you.

Whether you are intimidated by the police or were raised to believe the police are your friends, do not give up your valuable constitutional rights by talking to the police or consenting to a search. If the police attempt to question you simply tell them that “I choose to remain silent”. If the police want to search you or your property, tell them “I do not consent to searches”.

Never Consent to a Search

Do not ever consent to a search. Whether the police want to search you, your home, or your vehicle the answer should always be NO! Be polite but, be firm. Do not physically resist a search but, make it clear (verbally) that “ I do not consent to searches.”

The Police May Legally Lie to You

Many people are surprised to learn that the police can lie in order to gain a confession. The police are trained to lie to those suspected of crimes. Do not let the lies of the police pressure you into talking to them. Simply ask for a lawyer and tell the police you are not going to make a statement. Just “Take the Nickel”.

Even If You Have Done Nothing Wrong "Take the Nickel"

Many people believe if they have not done anything wrong, they have nothing to worry about. This is not true. In the dissenting opinion of Johnson v. Louisiana, United States Supreme Court Justice William Douglas wrote:

"Any person faced with the awesome power of government is in great jeopardy, even though innocent. Facts are always elusive and often two-faced. What may appear to one to imply guilt may carry no such overtones to another. Every criminal prosecution crosses treacherous ground, for guilt is common to all men."

Talking With The Police Will Not Help You with the Prosecutor

Often police lie to people and say that it will help them with the prosecutor if they tell their side of the story. This is not true. Prosecutors offer the best deals when their case is weak. If a defendant gives a statement to the police and admits guilt, there is little motivation for the prosecutor to resolve the case favorably.

Asking “Do I need a lawyer” is not good enough. You must tell the police in a clear and unmistakable way that you will not answer any questions without having a lawyer present. Do not sign any waivers and stop talking. You should be polite but, you must be firm.

Ask If You Are Free To Leave

If you encounter the police while you are away from your home and the police attempt to question you, ask the officer "am I free to leave"? If the officer says that you are free to leave then do so. If the officer says no, tell the officer “I would like to speak to a lawyer before answering any questions” and say nothing more.

If the police come to your home in an attempt to question you ask them to leave. If the police are at your door attempting to question you, ask them to leave and just shut the door. If the police knock on your door and attempt to question you, do not invite the police into your home.

Your Silence Cannot Be Used Against You

The fact that someone exercises their 5th Amendment right cannot be used to make the look guilty. Your silence can not be used to arrest you, nor can your silence be used to gain a search warrant. Do not lie to the police; simply say, "I want to talk with a lawyer and have a lawyer present before answering any questions."

The Crumbs of Justice

I am tired of seeing corrupt police officers and dishonest prosecutors robbing our citizens of justice. I am tired of looking up at the dinner table of justice waiting for a scrap of justice to fall to the floor. I do not know how things work in other states because I have not practiced there but, there is definitely a culture of corruption around here.

I wish I understood why. I wish I knew how to fix the system but, I don't. Case after case I see self-righteous prosecutors and judges that refuse to follow the rules that protect us all, because they have determined that my client is not worthy. It is not about the evidence in a particular case. It is not about what my client may or may not have done that they are accused of; it is about who the prosecutor and judge believes my client to be. Unfortunately, integrity is often the first victim of self-righteousness.

I am tired of just getting the scraps of justice, I am hungry for the full meal. I guess I will just have to keep fighting.

What to expect if charged with an alcohol related driving offense in Oklahoma

I WAS ARRESTED FOR AN ALCOHOL RELATED DRIVING OFFENSE; NOW WHAT?

Alcohol related driving offenses are one of the most common criminal offenses seen in the judicial system. Most people who are arrested for an alcohol related driving offense are people that made a mistake, want to work out the best plea agreement they can and move on with their life; for the people in that category, listed below is an overview of what you can expect if you are charged with first offense DUI, DWI or APC in the state of Oklahoma.

When you are arrested for DUI, DWI or APC you essentially have two cases to deal with, not one. You have the criminal charges that must be resolved in either municipal or state court and you have the issue of receiving a modified driver's license that must be handled with the Department of Public Safety. This article will address the criminal case first.

WHAT A FIRST OFFENDER CAN EXPECT WHEN CHARGED WITH DUI, DWI OR APC

Will I be sentenced to jail?

In the vast majority of cases the answer is no. Most jurisdictions in the state realize that they simply do not have the resources to incarcerate first time DUI/DWI/APC offenders. First time offenders in and around Tulsa rarely are sentenced to jail for a first offense DUI/DWI/APC. I would hesitate to say never, but feel comfortable saying that it almost never happens. (A big exception to first time offenders not facing jail time is Washington County, it is my understanding that first time offenders in Washington County are routinely sentenced to jail time of 7 days.)

If I pled guilty what will I be expected to do?

The short answer is a lot. DUI, DWI and APC cases are so common that in most jurisdictions the prosecutor's office has a "standard recommendation" for first time offenders Listed below is a standard recommendation that someone could expect for a first time DUI in Tulsa County.

• 1 Year Suspended Sentence (A defendant is on probation and does not go to jail as long as they don't violate the terms of the probation which includes not violating and state or local laws.)

• $250 Fine

• $125 Victim's Compensation Fund

• DA Supervision (Requires a Defendant to pay the DA's Office $40 a month)

• 56 work hours (A defendant is typically allowed to purchase 40 work hours for $320 which means the defendant only has to perform 16 work hours.)

• Obtain a Drug and Alcohol Assessment and follow any recommendations. (A defendant will have to attend either a 10 hour or a 24 hours school.)

• Victim Impact Panel

This is a standard recommendation for first time offenders charged with DUI in Tulsa county. It is only a recommendation (Which means it is the plea offer that the prosecutor extends to the defendant) a defendant always has the option of a jury trial or a "blind plea". A "blind plea" is a plea made to the judge without a plea agreement with the state. With a blind plea the defendant can receive a more lenient sentence or a more severe sentence. Recently the Tulsa County District Attorney's office has changed their policy and has stopped offering deferred sentences or reductions to DWI or Reckless Driving for those charged with first offense DUI.
I am told that the reason the Tulsa county District Attorney's office has adopted this policy is because of a rash of recent DUI Manslaughter cases. (Within the last 2 years, I have personally represented 4 separate individuals accused of causing the death of a total of 9 people in DUI Manslaughter cases.)

In Tulsa county in cases that are not egregious many defendants are blind pleading their DUI cases to the judge and obtaining a better outcome than the standard recommendation of the Tulsa county District Attorney's office. In those cases the defendants are receiving deferred sentences. However, blind pleas must be approached cautiously; because the judge could sentence the defendant up to the maximum allowed by law. (Which for DUI is a year in the county jail.)

The standard recommendation of the Tulsa County District Attorney's office is pretty typical. The one down side to that recommendation is that the Tulsa county District Attorney's office wants suspended sentence for misdemeanor DUI and will not offer reductions to DWI or a deferred. The reason is that first time DUIs are misdemeanors, but a second subsequent offense within 10 years is a felon. In short the district attorney's office wants a conviction so that if a defendant gets another DUI conviction within a ten year period it can be charged as a felony offense.

One of the upsides to the standard recommendation in Tulsa County is that they only require 56 work hours of which a defendant can purchase 40 hours for $320. This means if a defendant has the money they only have to perform 16 work hours. Other counties are not as lenient on work hours. For example if you are charged with a first time DUI in Rogers County their standard recommendation will include 120 work hours. (That is 4 weeks working full time.) The requirement of 120 work hours in Rogers county is pretty engrained, it is even pre-printed in their plea packet.

Most counties are going to require the DA Supervision for misdemeanors. DA Supervision is kind of like having a probation officer, but not really. The DA's office is not likely to show up at your home or anything like that however, they do want their monthly fee. Basically it is an additional funding source for the DA's office. Most of the local District Attorney's offices did not even have a DA Supervision program until the legislature began cutting their budgets.

Many of the requirements of the standard recommendations are statutorily required. For example a defendant receiving a drug and alcohol assessment and following the recommendations is required by statute. (See Title 47 O.S. § 11-902 (G)) Attending of a Victim Impact Panel is required by statute. (See Title 47 O.S. § 11-902 (H)) A payment to the Victim Compensation Fund is statutorily required. ( Title 22 O.S. § 142.18)

Should I spend the extra money and hire someone that "Specializes" in DUI cases?

The hiring of a lawyer is a personal decision to be made by each defendant. The Oklahoma Bar Association does have a brochure with information to assist the public in making that decision. Click here to see that brochure. It should also be noted that Oklahoma does not recognize "Specialties" in law, except for Maritime Law and Patent Law. (See Title 5 O.S. § Rule 7.4)

My opinion is that for most people charged with DUI offenses that hiring someone that holds themselves out to be a DUI Specialist will only cost a defendant more money to get the same deal. The reason that I hold this opinion is that DUI, DWI and APC charges are so common that most prosecuting agencies have standard recommendations that they extend to most defendants. From time to time a lawyer will be able to negotiate more favorable conditions in a plea agreement or know when to advise a defendant that they may want to consider a "blind plea", but with the majority of alcohol related driving offenses defendants are going to end up with substantially the same deal. In my experience the differences in the plea agreements seen have more to do with the jurisdiction the individual is charged in than with the lawyer who is representing them. My opinion is shared several other lawyers that I know.

WHAT A FIRST OFFENDER CAN EXPECT WHEN DEALING WITH THE DEPARTMENT OF PUBLIC SAFETY

When arrested for DUI, DWI, or APC a defendant's license will be confiscated and that person will typically be given an affidavit that requires a temporary license. What is important to know that if you are arrested for DUI, DWI or APC that the Department of Public Safety will suspend your license for a period of time. However, in most circumstance you can request a modified license. (You can also request a hearing if you would like to challenge the basis of the officer's determination. However, even if you end up winning the DPS hearing if you plead to the DUI, DWI or APC that is also a basis to suspend the License and places you in the same position as if you had the hearing and lost.)

What is important to know is that you must request your hearing or modification within 15 days. The request form is on the DPS website. Click here for a copy of the form. You can either represent yourself with the Department of Public Safety or have a lawyer represent you. If you are requesting a modification it is better that with the modification request form that you fill out the form "Information for a Modified Driver's License" and attach a $175 cashier's check or money order with the form. (This speeds up the process.)

The DPS will send you a letter that will serve as a temporary license. (You must the original letter with the seal for the letter to be considered a valid license.) After receiving the modification request, the "Information for a Modified Driver's License" and the $175 the DPS will send you a letter directing you to have an ignition interlock placed upon your vehicle. (Yes almost everyone is required to have an ignition interlock.) Once the ignition interlock is on your vehicle you will receive a certificate that you must return to the DPS. All of the forms and letters from DPS are pretty self-explanatory. After a six month period your license can be re-instated without the ignition interlock and you can drive again without a interlock device.

You will have to pay to have the ignition interlock placed on the vehicle and a monthly fee while the interlock device is on the vehicle.