PRSRT STD US POSTAGE PAID PERMIT# 59

OKLA CITY OK

Page 11 Page Page 12-13 Page 22 10 Stump Roscoe ...... Roscoe Stump ...... Quiz Picture

21 8 August Picture Quiz Answers . . . . . Answers Quiz Picture August ...... Balance. Life Work

after 46 Years on the Bench the on Years 46 after the Night Away! Night the

20 7 Book Notes ...... Notes Book ...... Playlists Definitive iBar

Judge Ray Dean Linder Retires Linder Dean Ray Judge Laughing and Dancing and Laughing

15 4

OCU School of Law News ...... News Law of School OCU ...... Said Court the And

Dinner Dance Dinner Extraordinaire Jurist

15 3 Bar Observer ...... Observer Bar ...... Seminars and Events

OCBA Annual OCBA Linder: Judge

14 2 Old News ...... News Old ...... President the From

Inside

Aid Services of Oklahoma’s Cindy Goble. Cindy Oklahoma’s of Services Aid ing attorney for the Oklahoma City office. City Oklahoma the for attorney ing President Webb presented Oklahoma County Bar Auxiliary Leslie Blair with this year’s donation check. donation year’s this with Blair Leslie Auxiliary Bar County Oklahoma presented Webb President

Nelon presented this year’s Grant Award to Legal to Award Grant year’s this presented Nelon Oklahoma donation check to Cindy Goble, manag- Goble, Cindy to check donation Oklahoma

Oklahoma County Bar Foundation Treasurer Robert Treasurer Foundation Bar County Oklahoma President Webb presented the Legal Aid Services of Services Aid Legal the presented Webb President

allows. Hope to see you there! you see to Hope allows.

will be given to the candidates as time as candidates the to given be will

them to [email protected] and they and [email protected] to them

to see the candidates answer, e-mail answer, candidates the see to

If you have questions you would like would you questions have you If

public. public.

Library Auditorium and is open to the to open is and Auditorium Library

See The Spads were attacking the NVA, who NVA, the attacking were Spads The the Ho Chi Minh trail. March was part of the of part was March trail. Minh Chi Ho the VETERANS, PAGE 16 PAGE VETERANS, forum will take place at the Downtown the at place take will forum

large load up to 10 hours. 10 to up load large to disrupt North Vietnam’s supply line on line supply Vietnam’s North disrupt to the OK County judicial races. The races. judicial County OK the

departed the downed aircraft for the west the for aircraft downed the departed ammunition and remain in the air with that with air the in remain and ammunition They were to send patrols out into the valley the into out patrols send to were They to get the scoop on the candidates for candidates the on scoop the get to

in on the little (2,500 foot) runway and runway foot) (2,500 little the on in ability to carry a large load of fuel and fuel of load large a carry to ability was why the Special Forces camp was there. was camp Forces Special the why was should I vote for?” Here’s your chance your Here’s for?” vote I should

pilot, Major “Jump” Myers, bellied the Spad the bellied Myers, “Jump” Major pilot, huge propellor. This gave the airplane the airplane the gave This propellor. huge from North Vietnam to South Vietnam. That Vietnam. South to Vietnam North from just before Election Day and ask, “Who ask, and Day Election before just

was hit by ground fire and caught fire. The fire. caught and fire ground by hit was They had a large, rotary engine driving a driving engine rotary large, a had They trail, along which troops and supplies moved supplies and troops which along trail, those friends & relatives who call you call who relatives & friends those

where to shoot at them. One of the Spads the of One them. at shoot to where These were big airplanes, for fighters. for airplanes, big were These What advice do you plan to give to plan you do advice What The valley was part of the Ho Chi Minh Chi Ho the of part was valley The

NVA gunners on the ground knew exactly knew ground the on gunners NVA best use in Viet Nam. Viet in use best

Laotian border. Laotian

ley (the only way they could go) where the where go) could they way only (the ley the navy in the Korean War but found its found but War Korean the in navy the

Auditorium North and South Vietnam and just beside the beside just and Vietnam South and North

peaks, make their run up (or down) the val- the down) (or up run their make peaks, that war too late to be used. It was used by used was It used. be to late too war that

zone which marked the border between border the marked which zone

descend through the clouds between the between clouds the through descend navy attack and torpedo plane but came into came but plane torpedo and attack navy

Downtown Library Downtown Vietnam, right up against the demilitarized the against up right Vietnam,

for a bombing or strafing run, they had to had they run, strafing or bombing a for The A-1 had started out in World War II as a as II War World in out started had A-1 The

valley in the far northern part of South of part northern far the in valley

This meant each time the Spads came in came Spads the time each meant This “Spad” after Snoopy’s airplane in Peanuts. in airplane Snoopy’s after “Spad” Ronald Norick Ronald

irregulars. The camp was in a 25-mile-long a in was camp The irregulars.

was 800 feet. 800 was ly the “Skyraider” but commonly called a called commonly but “Skyraider” the ly

berets and about 400 South Vietnamese South 400 about and berets

stood at about 1,500 feet. The cloud ceiling cloud The feet. 1,500 about at stood an anachronistic airplane, the A1E, official- A1E, the airplane, anachronistic an Oct. 23, 12-1:30 PM, 12-1:30 23, Oct.

camp was manned by 10 American green American 10 by manned was camp

mountains surrounding the valley which valley the surrounding mountains The air support was mostly provided by provided mostly was support air The

Shau, pronounced [Ah-Shah], valley. The valley. [Ah-Shah], pronounced Shau,

Forum attack. The clouds were down over the over down were clouds The attack. had to supply fire support for the outpost. the for support fire supply to had

at a small Special Forces camp in the A the in camp Forces Special small a at

North Vietnamese chose that time for the for time that chose Vietnamese North American artillery so U.S. Air Force aircraft Force Air U.S. so artillery American

nary. Such a thing happened March 10, 1966 10, March happened thing a Such nary.

task more difficult and is probably why the why probably is and difficult more task troops. The camp was out of range of range of out was camp The troops.

nary things and become... well, extraordi- well, become... and things nary

to the east of the strip. The weather made the made weather The strip. the of east the to surrounded the camp with about 2,500 about with camp the surrounded

Candidate

Sometimes ordinary people do extraordi- do people ordinary Sometimes

airstrip built to resupply the camp, which lay which camp, the resupply to built airstrip March, the North Vietnamese Army (NVA) Army Vietnamese North the March,

were dug in on the east side of the small the of side east the on in dug were wet season in that part of Viet Nam. In early In Nam. Viet of part that in season wet By Rex Travis Rex By

Judicial

Extraordinary People Extraordinary

Committee to Host to Committee

Veterans Day Veterans

Bench & Bar & Bench

Vol. 46, No. 10 No. 46, Vol. 2014 OCTOBER A Publication of the the of Publication A OKLAHOMA COUNTY BAR ASSOCIATION BAR COUNTY OKLAHOMA OKCBAR.ORG WWW. 2 BRIEFCASE • October 2014

BRIEFCASE From the President October 2014 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. What’s the Purpose of the Exercise? Oklahoma City, OK 73102 (405) 236-8421 By Jim Webb must never lose sight of our Mission 1. To foster the highest ideals of the legal Briefcase Committee OCBA President Statement as an organization. That Mission profession. Judge Jim Croy, Chris Deason, Judge Don Statement tells who we are and what we are I have been accused (accurately) at vari- 2. To better the quality of life in Deason, Michael Duggan, Michael Ford, Brian all about. Oklahoma County. Hansford, Justin Hiersche, Thomas Ishmael, ous times throughout my life of being a bit It reminds us we are: 3. To promote justice for all. Scott Jones, Matt Kane, Katherine Mazaheri, Joi of a water bug, quickly flitting from one Volunteer lawyers and judges dedi- McClendon, Shanda McKenney, Richard Parr, thing to another, sometimes without much These three goals are the purpose of the cated to serving the judicial system, Travis Pickens, Austin Reams, Teresa Rendon, evidence of forethought or even direction. I exercise. Are they lofty? Of course. Goals Judge Vicki Robertson, Bill Sullivan, Rex Travis, [our] profession, and [our] community have a very clear memory of my late dad, that are worth anything are, by definition, Collin Walke, Judge Allen Welch and Alisa in order to foster the highest ideals of George, bringing me back in line on projects lofty. Are they attainable? Yes, in a sense. White. the legal profession, to better the quali- by asking the question, The goals are constantly moving, meaning Editor Judge Geary L. Walke ty of life in Oklahoma “So, remind me son, that we will never meet them completely. County, and to promote Contributing Editors Richard Goralewicz what’s the purpose of the We must always keep them in mind, and we justice for all. Bill Gorden exercise?” He did not real- must always work toward them. The first thing our mis- Warren Jones ly care to know the Meanwhile, as a result of serving, we sion statement says about answer; heck, he knew the meet some really amazing people. We net- us is that we “are dedicated Oklahoma County Bar Association answer. He just wanted me work for current and future business oppor- to serving.” We are an to answer it for myself, tunities. We go on fun trips to places like OFFICERS: organization made up of with the hope that if I had Aspen and Las Vegas (all for the CLE cred- President Jim Webb servant leaders, and, as the purpose in mind, I its, of course). These are some of the count- President-Elect Angela Ailles Bahm Robert Greenleaf once would stay on task. (If dad less benefits that we receive from active Vice President Judge Barbara Swinton said, “the servant-leader is was still alive, he would involvement in the OCBA and staying true Past President Judge Patricia Parrish servant first.” Servant- tell you it did not always Treasurer Robert D. Nelon leaders are motivated by to our Mission Statement. work, and my wife would Bar Counsel Brandon Long the desire to help– a “ser- Thoreau said, “What you get by achieving agree!) what you STAFF: vant’s heart” of identifying your goals is not as important as George Webb instinc- become Executive Director Debbie Gorden and meeting the needs of by achieving your goals.” By striv- tively knew something Jim Webb Legal Placement Director Pam Bennett others. ing for the three goals of the OCBA, we that Thomas Edison once Membership Services Connie Resar Ultimately, meeting those needs requires become better lawyers. We become better taught. Edison said: work – good old honest “perspiration,” as judges. Far most importantly, though, we Journal Record Publishing Co. Inc. “Being busy does not always mean Edison described it. Let’s be honest, though. become better people. real work. The object of all work is pro- As individuals and as an organization, we As we travel this road together for the Publisher Joni Brooks duction or accomplishment, and to can be busy, but unproductive. We can be next year, please remember I have an open Director of Sales and Community Relations Sunny Cearley either of these ends there must be fore- moving, but not going anywhere. We can door policy. If you have ideas on how we Art Director Gary L. Berger thought, system, planning, intelligence, “seem to do,” but actually do nothing. can improve the OCBA, please email me at as well as Creative Services Tiffany English and honest purpose, perspira- We stay out of that trap by reminding our- [email protected] or call me at 935-9594. Sarah Williams tion. Seeming to do is not doing.” selves why we serve, and our Mission On behalf of Debbie, Pam and Connie, As we continue to focus on expanding the Statement does that quite clearly. As the thanks for everything you do for the OCBA. Advertising Acct Exec Jessica Misun membership and reach of the OCBA, we OCBA, we serve in order to do three things: Our future is unlimited because of you!

For advertising information, call 278-2820. District Judge Kenneth Watson Postmaster: Send address changes to OCBA Briefcase, 119 North Robinson Ave., Oklahoma City, Oklahoma 73102. Has Much More To Do

Journal Record Publishing produces the Briefcase By Alisa White he recounts is one that involved a young this particular case, Judge Watson still for the Oklahoma County Bar Association, which is District Judge Kenneth Watson made the mother. The woman entered a plea agree- receives updates on the young woman and solely responsible for its content. decision he would only serve for two terms ment and Judge Watson imposed a life sen- is relieved that, so far, she is making a bet- when he first ran for judge in 2006. “When tence on charges relating to the death of her ter life for herself with her second chance. OKLAHOMA COUNTY I first decided to run, I told myself that I toddler. However, after When the Supreme BAR ASSOCIATION would only serve two terms. I just knew the same woman testified Court decided to change at her boyfriend’s murder the juvenile justice sys- MISSION STATEMENT that I was supposed to run. I also knew I was only supposed to hold the seat for two trial regarding her child’s tem, Justice Tom Colbert Volunteer lawyers and judges dedicated to terms,” recalls Judge Watson. Judge death, Judge Watson real- looked to the District serving the judicial system, their profession, ized the life sentence he Judges of Oklahoma and their community in order to foster the Watson states his reason for the self highest ideals of the legal profession, to bet- imposed term limit has always remained had imposed was too County. Judge Watson ter the quality of life in Oklahoma County, the same: “Everybody should get a shot at harsh. She told the jury volunteered to transfer to and to promote justice for all. bringing their expertise to the bench and how she herself had been the juvenile docket. trying new things. Judges need to be open abandoned as a child. She Judge Watson states, “I minded and willing to listen. We need new had been raped and physi- wish I had come to juve- people on the bench to bring different per- cally and mentally abused. nile court earlier. After I spectives. That’s why I only wanted to She had been manipulated got here, I even thought serve for a limited time.” by men all of her life. On about staying on the Judge Watson doesn’t consider stepping the night her child died, bench so I could do down as retiring; he’s “just leaving the she had to make the more.” Judge Watson District Judge Kenneth Watson bench.” In fact, he plans to return to private unbearable decision of notes that he must always practice and focus on criminal defense and choosing to protect one child over the do what is in the best interests of children. juvenile law, the two areas over which he other. After hearing her testimony, Judge He also considers the shortcomings of the has presided for the past seven and three Watson modified her sentence. Judge parents. He recognizes some people have fourth years. When asked about the cases Watson states, “You can never know if you good hearts but make life-shattering deci- that stand out in his mind, his response are making the right decisions or whether sions because they don’t have financial sta- doesn’t involve the high publicity cases, someone deserves another chance at doing bility or they allow drugs and alcohol to like the Chad Peery case or the Oklahoma it right. You can only listen to all the sides City Pharmacy robbery. Instead, the case and pray you are doing the right thing.” In See WATSON, PAGE 16 www.okcbar.org • October 2014 • BRIEFCASE 3 OBA Annual Meeting to Focus on Calling All In- House Counsel Future; Honor OCBA Attorneys & Other Non-Law By Lori Rasmussen “Navigating the Future: The Changing Firm Lawyers Legal Profession” is the theme for this year’s OBA Annual Meeting, set to take Finally, a fun networking opportu- place at the Hyatt Regency in Tulsa Nov. nity for you! Join the OCBA for a 12-14. Lawyers who attend the meeting Happy Hour! can expect a lively discussion of topics such as the ways emerging technology and Date: Thursday October 23rd globalism will impact legal service in the Time: 5:30 – 7:30 p.m. future. OBA President Renée DeMoss per- (come and go) sonally chose the theme for this year’s Place: Rococo on 122nd and May meeting. (Northpark Mall) “The rapid pace of change in our legal world is now a fact of life, and for lawyers We hope to see you there! to thrive today, as well as tomorrow, we Contact Coree Stevenson at must understand how our profession has like everything he has to say and some The Goldman Law Office is the recipi- [email protected] with any ques- tions and to RSVP! changed and what demands will be placed may even be a little fearful. Everyone, ent of the Outstanding Service to the You can also RSVP to the OCBA on us in the future,” Ms. DeMoss said. however, will come away from the Annual Public Award and Malcolm Savage will Office at [email protected]. Ms. DeMoss chose legal futurist Richard Meeting with new and exciting ideas about receive the Award for Outstanding Pro You do not need to be an OCBA Susskind as the keynote speaker for this the legal world of the future and their place Bono Service. Perry Hudson will be hon- member to attend. year’s Annual Luncheon, which concludes in it.” ored with the Neil E. Bogan the meeting on Friday. Mr. Susskind, who Numerous OCBA members will be rec- Professionalism Award. Don Smitherman will speak on the topic of “Tomorrow’s ognized with OBA awards during the will be recognized for his significant con- Lawyers,” is a law professor based at the meeting. The Fern Holland Courageous tributions to improving the lives of University of Strathclyde in Scotland as Lawyer Award is being presented jointly to Oklahoma children when he is presented well as a visiting professor at the Don G. Holladay and James E. Warner III, with the Alma Wilson Award. University of Oxford. His primary area of while Melvin Combs Jr. is being recog- Also taking place at the meeting will be expertise is the future of professional legal nized with the Trailblazer Award for his elections of OBA officers and other bar Events service, particularly the way technology profound impact upon the legal profession. business as well as social events and activ- Seminars will change the work of lawyers. David McKenzie is receiving both the Earl ities, including a Thursday evening event & “It doesn’t take a crystal ball to realize Sneed Award for outstanding continuing featuring drinks, heavy hors d’oeuvres, that rapid innovations in areas like tech- legal education contributions and the fine art for sale, live music and dancing. nology will continue to dramatically trans- Maurice Merrill Golden Quill Award for Don’t miss out! Register for all events OCTOBER 17, 2014 form the practice of law, but many practi- authorship of the best article published in using the Annual Meeting registration Domestic Violence Seminar tioners do not recognize the realities,” Ms. the Oklahoma Bar Journal, as selected by form found in the Sept. 13 Oklahoma Bar OCBA Offices, Noon – 3 p.m. DeMoss continued. “Change is difficult, the OBA Board of Editors. His co-author Journal or online at www.amokbar.org. and many lawyers resist and disregard Elliott Crawford will also receive the For the best price, register by Oct. 21. OCTOBER 19-25, 2014 where the legal world is headed. Some Golden Quill Award, as will Donelle Questions? Contact Mark Schneidewent at Community Service Committee may initially respond to Mr. Susskind’s Ratheal for the article she authored for the 405-416-7026, 800-522-8065 or Clothing Drive for Drug Court message with skepticism; some may not bar journal. [email protected]. Closet & Family Junction Youth Shelter Community Service Committee Holds OCTOBER 23, 2014 Oklahoma County Judicial Candidate Forum OKC Downtown Library CLOTHING DRIVE Auditorium, Noon – 1:30 p.m. OCTOBER 23, 2014 October 19 -25, 2014 OCBA Reception for In-House Counsel & Other Non-Law Firm Time to clean out those closets in So be the generous Attorneys hopes of getting some great new things people you always are Rococo’s in North Park Mall for Christmas or simply because there is and get the benefit of 5:30 – 7:30 p.m. no room for one more thing! The folks at a clean closet, too! the Oklahoma County Drug Court could DECEMBER 4, 2014 use that clothing for their Closet! Got OCBA Holiday Reception some teenagers that have gently used or Robinson Renaissance Food new clothes that they won’t wear or have Court, 5 – 7 p.m. outgrown? The teens at Family Junction would love to have those donations! FEBRUARY 7-15, 2015 The Community Service Committee has set the week of October 19 -25 to Aspen Ski Seminar make your donations. All you have to do Aspen, Colorado is drop them off at the OCBA Offices, MARCH 27-29, 2015 240 Robinson Renaissance, 119 N. Robinson between the hours of 8:30 Bench & Bar Conference 2015 a.m. and 4:30 p.m. Clothing for Quartz Mountain Resort both men and women is needed for the Drug Court Closet and JUNE 15, 2015 Family Junction has teens Annual OCBA Golf Tournament between the ages of 13-17. Gaillardia Golf & Country Club 4 BRIEFCASE • October 2014

And the Court Said An Olio of Court Thinking

By Jim Croy statutes upon which they are based apply to provides that ‘No person shall operate * * * International Dictionary, and are unable to beverages containing more than one half of a motor vehicle * * * while under the influ- find any definition of “doubt” similar to that October 6, 1914 one percent of alcohol even though not ence of * * * intoxicating liquor whatever presented by the County Attorney to the One Hundred Years Ago intoxicating in fact. These statutes, as the its alcoholic content. * * *’ jury; but to the contrary, we find that the [Excerpted from Rogers et al. Precinct one above quoted, were enacted pursuant to general tenor of definitions is that a “doubt” Election Board v. Reynolds et al., 1914 OK the police power of the state and were October 21, 1964 is an “unsettled opinion concerning the real- 462, 143 P. 515.] entirely independent of the prohibitory pro- Fifty Years Ago ity of the truth of something.” This is a proceeding in error, commenced visions of the State Constitution. The Act... [Excerpted from Gresham v. State, 1964 We are of the opinion and accordingly by the plaintiffs in error, as the precinct was passed for the purpose of licensing and OK CR 99, 396 P.2d 374.] hold that it is error for the County Attorney election board of the Third ward of the city taxing the sale of beverages containing This is an appeal from the District Court to define or attempt to define “reasonable of Kingfisher, to review the action of the more than one half of one percent of alcohol of McIntosh County, Oklahoma, where doubt” when the Court has failed to define trial court in so construing section 3077, and not over 3.2 per cent. The definition in Willie Gresham, hereinafter referred to as the same in its instructions; it is prejudicial Rev. Laws 1910, as to allow the Socialist Section 1, was for the purpose of thus clas- defendant, was charged with the offense of error for the County Attorney to mis-state party an equitable proportion of the official sifying beverages, as a foundation for the Assault with Intent to Kill, was tried by a the definition of “reasonable doubt” in his counters provided for by said section. The subsequent licensing and taxing provision. jury who found him guilty of the lesser and argument to the jury and when, as in the section reads: It was not thus intended that they should included offense of Assault and Battery instant case, there are other improper “At a meeting of the precinct election regulate the provisions of the law with ref- with a Dangerous Weapon, and fixed his remarks made during the closing argument, board, on Friday, preceding the election, erence to the enforcement of the criminal punishment at Five (5) Years in the State prejudicial to the accused, this Court will it shall be the duty of the board to appoint statutes. The Constitution, Okl.St.Ann. Penitentiary. Judgment and Sentence was reverse and remand the cause for a new four official counters, who shall be elec- Const. page 1260, Prohibition Ord. follow- pronounced in accordance with the verdict trial. tors of the precinct, and who shall be ing Schedule § 43, prohibits, “the manufac- of the jury and a timely appeal has been per- The evidence offered on behalf of the good penmen, and rapid in figures. Such ture, sale, barter, giving away, or otherwise fected to this Court. State and Defendant is in sharp conflict and counters shall be equitably distributed furnishing, except as hereinafter provided, It is contended by the defendant that the present a question of fact to be determined from the various political parties, but in of intoxicating liquors within this State”, County Attorney, in his closing remarks to by the jury under proper instructions from no event shall more than three of them be and it further provides for the punishment of the jury, committed reversible error in sev- the Court and proper arguments of counsel. from any one party, unless it is impossible “any person, individual or corporate, who eral instances; the first of these appearing at There are several other portions of clos- to find a capable man to represent the shall manufacture, sell, barter, give away, or pages 197 and 198, of the casemade: ing argument of the County Attorney which minority party.” otherwise furnish any intoxicating liquor of “* * * if you find him guilty beyond a the defendant asserts were improper but we It is agreed that the defendant in error, any kind, including beer, ale, and wine, con- reasonable doubt. There is no legal defi- deem it only necessary to cite the following: plaintiff below, H.H. McFadden, the mem- trary to the provisions of this section.” nition for doubt. But any doubt that any- “* * * Now one other thing, if you do ber of the Socialist party, offered by that These provisions have been held as self- one of you have — decide to convict him and find him guilty party as an official counter, is in all respects executing... (Objection-overruled) of the smaller offense of Assault With a qualified to fill such position, and that the In using the expression “under the influ- “I think that any sincere doubt that you Dangerous Weapon — don’t send him to precinct election board refused to appoint ence of intoxicating liquor”, the Legislature people might have is a reasonable doubt the county jail. Send him to the him solely upon the ground that, under the undoubtedly used the term in the same because I believe that everyone of you are Penitentiary. We have limited funds to foregoing statute, only the two dominant sense as it had been used in the reasonable people or I would have feed him out of the County Tax money, parties (in that precinct, the Democratic and Constitution, and had reference to all liquor excused you. Webster’s dictionary says the State has more money to feed him Republican parties) are entitled to official which is intoxicating in fact. In one Act it that a doubt is something beyond belief. than we have.” Casemade, Page 207. counters. The court below was of the opin- was the intention to simply classify such And I don’t think that anyone of you peo- The due and orderly administration of ion that the statute contemplates an equi- beverages for the purpose of license and tax ple on this jury, as reasonable people, justice and the punishment to be imposed table distribution of the official counters under the provisions of the Act. Under the think that it is beyond belief that this boy by way of confinement in the county jail, or among all the organized political parties other it was the intention to punish those did not shoot this boy — that he did not the State Penitentiary should be arrived at participating in the election, and rendered who were in fact “under the influence of intend * * *” (Emphasis ours.) and fixed by the jury as all of the facts per- judgment in favor of the defendants in error. intoxicating liquor”, whether it be caused In support of defendant’s argument that taining to the circumstances introduced on This, we think, is a correct construction of from drinking beer with an alcoholic con- the County Attorney’s purported definition the trial of a cause warrant. The punishment the statute. It means, we take it, just what it tent of 3.2 per cent, or liquor in excess was erroneous and invaded the province of imposed should be commensurate with the says, that “such counters shall be equitably thereof. A construction different from this the court, he cites the following authorities: crime and not assessed on the basis of finan- distributed from the various political par- would, to our mind, nullify the statute. Title 22 O.S.A. § 832: cial expediency. For this reason we are of ties.” The language quoted speaks for itself; * * * “The court must decide all questions of the opinion that this portion of the County it needs no interpretation. In our judgment, Statutes are to be construed with refer- law which arise in the course of the trial.” Attorney’s closing argument was highly there is absolutely no warrant, either from a ence to the object sought to be accom- Title 22 O.S.A. § 834: improper. consideration of its language or its context, plished by them. The chapter relied upon by “On the trial of an * * * information, For the reasons above set forth, this cause for construing it to mean that such counters defendant was enacted for the purpose of questions of law are to be tried by the court, is reversed and remanded for a new trial. shall be equitably distributed from the two creating a system of licensing and control- and * * * although the jury have the power dominant parties. Of course, what consti- ling the manufacture and sale of alcoholic to find a general verdict, which includes October 17, 1989 tutes an equitable distribution from the var- beverages. The division of beverages into questions of law as well as of fact, they are Twenty-Five Years Ago ious parties is entirely within the sound dis- the two classes-intoxicating and nonintoxi- bound, nevertheless, to receive the law [Excerpted from A.S., Matter of, 1989 OK cretion of the precinct election board, and cating-was for the purpose of providing that which is laid down as such by the court.” CIV APP 91, 790 P.2d 539.] their action cannot be interfered with by the no license for the manufacture or sale of Title 22 O.S.A. § 856: At the time of trial A.S. was about 2 1/2 courts unless it appears that it was a fraudu- intoxicating liquor should be issued while “In charging the jury, the court must state years old. Appellant was accused by State lent or arbitrary exercise of power. This the Eighteenth Amendment to the to them all matters of law which it thinks of alleged sexual abuse by “touching the phase of the case, however, is not before us Constitution of the United States remained necessary for their information in giving child’s vaginal area.” Mrs. Mincy testified now. For the reasons stated, the judgment of in force. The declared purpose of this chap- their verdict * * *.” that after a weekend visit with Appellant, the court below is affirmed. ter is the promotion of temperance and the * * * she noted A.S. was red and raw in her groin reasonable control of the traffic in alcoholic In the brief of the State it is conceded that area. Testimony by a physician, who had October 12, 1939 beverages. Section 81. Nothing is found in it is improper for the County Attorney to examined A.S. at the request of Mrs. Mincy, Seventy-Five Years Ago this chapter which says, either directly or by define or attempt to define “reasonable reflected that the child’s hymenal ring was [Excerpted from Ashcraft v. State, 1939 implication, that the consumption of a bev- doubt” when the same is not defined in the non-intact and that there were two small OK Crim. 308, 94 P.2d 939.] erage containing alcohol will not have an instructions given by the Court, however, it healed scars on the fourchette. The physi- It is contended that by reason of [37 O.S. intoxicating influence upon the consumer. is argued that the definition given by the cian believed the scars could have been 1933 § 151], a man who has been drinking Defendant was charged with violating a County Attorney was favorable to the from two weeks to six months old. He beverages so declared to be non-intoxicat- provision of the law relating to the opera- defendant and he cannot now complain that believed her condition could be the result of ing, cannot in the eyes of the law be “under tion of motor vehicles... In this chapter it is he was prejudiced thereby. sexual abuse. However, his testimony in no the influence of intoxicating liquor”, no recognized that an automobile is a danger- We have carefully examined Webster’s way implicated Appellant as the perpetrator. matter how drunk or intoxicated he may be. ous instrumentality while being operated by American College Dictionary, Revised At the time of trial, the court examined The cases relied upon by defendant, in our a person under the influence of intoxicating Edition, Webster’s Collegiate Dictionary, opinion, do not sustain this contention. The liquor. To prevent such operation the statute Fifth Edition, and Webster’s Third New See OLIO, PAGE 20 www.okcbar.org • October 2014 • BRIEFCASE 5 Afraid of Death? Now Rich Owens Has the Answer

By Ray Parr riots, personal fights and in death chamber. Daily Oklahoman Staff Writer “I never was afraid of dying,” he said. “I’m not now. I just figure every man has such a What kind of a penitentiary would The Oklahoman: Date: Feb. 27, 1948 time to go. When it comes, he goes. I never “ Reprinted with permission, The we have here without the chair? Oklahoman, Copyright 2014. give it a thought. When it gets a little rough, like it has a few times, I just laugh It’s not just because I’m executioner McAlester, Feb. 26, 1948 - Rich Owens to myself and say this might be the time. I has pulled his last switch in the death might go. I either win or go down.” and get paid for it, but I don’t think we chamber at the state penitentiary. The 67- Rich Owens had killed 75 men, with no year old executioner, who built regrets – 65 by electrocution, one by hang- electrocute half enough. Oklahoma’s first electric chair, died ing, two with the knife, one with a long- handled shovel, six by shooting. Four ” Thursday in his home where he had been - Electrocutioner Rich Owens seriously ill since September. times he was tried for murder, and acquit- I dropped in to visit Rich a few weeks ted. two long-termers, tried to ride him out of gonna kill you. I says you better go ahead before he died. He lived with his wife, a He killed his first man when he was 13 the walls. Rich was in the tool house when and do the job now because I’m gonna kill grown son and a nephew in a frame cottage years old – a horse thief on his daddy’s he felt an arm go around his neck. you if you don’t, and we’re all going to on a dirt street three blocks east of the pen- horse. There was a fight near Heavener “Then I felt a knife gig me pretty solid. I hell. You can’t win and you won’t get out. itentiary walls. Rich built the house in when Rich stuck a knife in “a little too thought, what the hell – then wham, they I’m not asking you for any mercy, and if I 1908 when he and Mrs. Owens moved deep.” An Italian mine worker, discharged cracked my skull with a hatchet and I was get out of here don’t you ask me for any. If from a farm west of McAlester. by Rich, died in an exchange of shots. A out about three minutes. The next thing I you try to take me out that gate I’m gonna A high board fence enclosed the yard. A Wewoka Negro was shot to death while remember I hear one of them say you bet- tell the guard to pour the lead into us all. sign on the swinging gate said “Bad dog.” Rich was tracking a fugitive who had ter be careful because the old so and so’s They had my hands tied behind my back Inside, two savage bulldogs discouraged killed a deputy sheriff. The others were gonna rare up now. I says, you so and so’s with barb wire. I says, all right, let’s go, visitors. “Great dogs - those bulldogs,” convicts, attempting to escape. “I never getting kind of rough, ain’t you – what but remember when we get out there, hell’s Rich grinned. “You can kill ‘em, but you count peckerwoods,” he said. kind of play is this? Rich, this is a break, gonna break loose for you fellows. We can never whip one of them.” There was that bleak November day in they say. We’re gonna leave here or we’re started walking. They had that knife in my It was difficult to see the house from the 1937 when Harlan Wells and Roy Glasby, back about four inches. They’d turn it to street because of a maze of tree, shrubs, steer me, like a bridle on a horse. They was ferns and flowers. In the spring, the yard is cuttin’ out a pretty good space in my back. a blaze of colors. “We got plenty of flow- It made a bad sore. When Watkins (the ers,” Rich agreed. “But I don’t like them. Never did. My wife raises them. All over tower guard) sees something is going on, I the yard, and even down in the fields. yell up at him – all right, Pat, go to shoot- Works all the time. But I never object. I ing, the fight’s on.” figure if she likes them, that’s her busi- The sick man raised up from his pillow ness.” and pounded the bed with his fist, his face For the first time in his tumultuous life, blazing with animation at memories of the Rich was flat on his back, virtually help- deadly struggles. “I fell over backwards less, and he resented the idea with all of his and started kicking like a kangaroo. I remaining strength. The powerful muscles caught one of them in the belly and butted which, despite his slight 160-pound frame, the other with my head. We all went down had made his name a legend and a symbol rolling in the ditch, me still a kicking and a of awe inside the brooding walls of the butting. Oklahoma prison for 39 years, were wast- “He hit at me twice with that hatchet, but ing away. I ducked and he ran. When I rolled in that He threw back the covers on his bed and ditch, the wire came loose from one of my pointed with scorn to a withered leg. hands and I grabbed the blade of that knife. “Ain’t that hell,” he said. They brought He was stabbing at me trying to cut my him home from the hospital to die after head off. I was hanging on to that blade doctors said they could no more. Cancer of with him a yanking it. You can still see the the liver was the verdict. Rich never knew scar here. I shook him loose and Pat shot just what was wrong. him. That bullet missed my belly about “They say I am getting better, but some- half an inch. I believe I would eventually times I don’t know if I’m going to make have come out without Pat shooting him, it,” he said. “I’ll fight it as long as I’ve got but it helped a lot when he did. It knocked breath left, but anytime a man with the him loose of the knife. By then I had my physical strength I’ve always had can’t other hand loose. I grabbed that so and so even walk to the bathroom, something’s by the hair and socked that knife in to the wrong.” neck bone. And I didn’t pull it out straight. He laughed mirthlessly, running a I just ripped ‘er out and let ‘er slice clear gnarled hand through his sparse, gray hair. across. Then I kicked him a couple of His weather-beaten, furrowed face looked times in the mouth and said now die, you tired as he lay back on his pillow. But the so and so and go to hell with the others. lines of his mouth still set in a straight, You just ought of seen how that so and so grim line above his jutting jaw. The blue- looked,” he said. gray eyes burned with the strange, fierce “I went in the tool shed after that other fire that had struck terror into the hearts of one. He began to cry for mercy – Oh, Mr. many men. You could still see little devils Rich, oh Mr. Rich, don’t kill me. I said, jumping out of those eyes, as the convicts you so and so. I said I’d kill you if you did- used to say. n’t kill me. I told you not ever to ask me Rich was not afraid of death. He had faced it too many times, in bloody prison Oklahoma's First Electric Chair See DEATH, PAGE 6 6 BRIEFCASE • October 2014

DEATH from PAGE 5 for mercy. He jumped through the window ed two in Arkansas and two in Texas. ly. “I seen ‘em make lots of mistakes,” he and a guard shot him in the knee. He went In the chair at the Oklahoma peniten- recalled. “I saw one burn five or six times down bellering and I finished him with a tiary, he put 58 men to death as chief exe- and still breathing. I guess I’ve electrocut- long-handled shovel. I sure smashed his cutioner. He also hanged Art Gooch, the ed 50 or 60 men and I’ve never had no brains out. Then I jumped up and down on first man to die under the federal complaint whatever. I’ve never burned a his temple ‘til I felt the skull crush in. Lindbergh kidnapping law. The hanging man, bad.” Warden Jess Dunn came running out. was done at the penitentiary under federal Electrocution day always was a busy What’s the matter, Rich, he said. Oh, a jurisdiction with Owens hired as the exe- one for Rich. He worked up to quitting couple of peckerwoods tried to ride me out cutioner. Gooch dangled on the rope 15 time, bossing a convict construction gang. the gate I said. There they are. He took one minutes before he was pronounced dead. Electrocuting is just an extra job. He got look at that knifed so and so. The knot slipped around behind his neck. $100 for one and $50 for extras. On some “Well, Rich, he said – you know how he Owens always bristled at any intimation nights he has electrocuted three drawing used to drawl – why didn’t you go ahead the job was bungled. $200. and cut his head plumb off. You damn sure “You pull a chicken’s head off and he He hurries home for an early supper, flops around like everything,” he says. nearly did. I was a bloody as a stuck hog then personally brings down the straps, the “That’s the way it was with Gooch. He just and he says come on in, Rich, and get head piece, the leg bands and the alcohol had to have time to die.” those cuts fixed up. I says, Hell, no. I’m to clean the skin off. “It makes for a good Rich didn’t like hangings. They take too not gonna let a little thing like this bother clear connection,” he explained. Then he long and are too messy, he said. me. I turned to the rest of those pecker- prepares salt water for soaking the hood Electrocutions are quick and painless, he woods, who’d just been standing around and the leg piece. This also makes for a added. waiting to see me get killed, and I says, good clear connection. “Then I see that “Nobody I ever electrocuted ever held it now go on to work. Me and them has had they shave his head and legs I want a good against me, at least not before hands,” he our fun. I’ll tell you fellows when to quit. Rich Owens smooth skin because hair burns and smells. You just ought to seen them picks begin to continued. “And I’ve electrocuted some close friends of mine. Choc Emery was a About 11 p.m. I go down and rehearse. fly. They dug more dirt in 10 minutes than switch on the brand-new chair Rich had friend of mine. He came in here the first You’ve always got some new guards to they had all day. We sure got lots of work built for the occasion. Rich helped with the time when he was 16 years old. He worked break in – they change so fast around here. done in the next 30 minutes.” first nine men, strapping them in, making on my gang for 16 years. Then when he got I stand outside the death cell and say, come The electric chair that Rich fashioned is connections, and things like that. “I was out he got drunk and raped a girl and shot and get him. They get me by the arm – one scheduled to claim another victim, March sort of general handy man.” He recalled. her and her boyfriend. I guess you could on each side – and march me in and sit me 26, when Lewis Grayson, Muskogee Then Treadwell got let out and the peni- say Choc saved my life in here one time. down in the chair. I’m acting like the pris- Negro, will die for the rape of a white tentiary sent to Little Rock for an execu- Six peckerwoods up at the twine plant oner see. They strap me in good and tight. woman. Rich never doubted but that he tioner. “In those days,” Rich explained, jumped on me at once and Choc grabbed We do this six or seven times ‘til I’m all would be there. “all the guards always went down to the him a board and we whipped all six of satisfied it is going to come off in good “If I live, I’ll pull the switch on the next train to meet the executioner with lots of them. They never jumped on nobody else. shape.” one that has to go,” he said. “If I don’t kick whisky and every- “Well, on the night “You have to watch those guards all the out they can haul me over there and I’ll body wound up good he was to go he sent time,” Rich added. “Some of them are jeal- show them how to get ready. I can stand up and drunk. for me and I stayed ous of a fellow’s success and would like to long enough to pull it. It wouldn’t make a “The first time we I think when with him from 7:30 mess up a job in order to get his position. I bit of difference to me if I was dying got him here he was “ until he went. We check every detail personally, such as the myself.” so drunk we had to a man wants to talked about religion. leg bands and the head piece,” he contin- Rich had great faith in the electric chair, hold him up to the He prayed some and ued. “I’ve caught guards sticking towels ever since he built it out of his own ideas switch. He made this pray you ought then we got a preacher down between the sponge and the leg. I and electrocuted a calf to prove it would one all right, but a and all of us prayed. don’t say nothing. I just take ‘em out. But work. couple months later to let him pray. I’m kind of funny like the next time I say to the warden. I don’t “What kind of a penitentiary would we he couldn’t make it to that. I think when a want that old so-and-so helping me on this have here without the chair?” he asked. the switch. The war- I says, Choc, if man wants to pray you one. I’ve never bungled one yet. All of “It’s not just because I’m executioner and den – his name was ought to let him pray. I them have been perfect.” get paid for it, but I don’t think we electro- Switzen, sounds kind you want, I’ll says, Choc, if you The trouble with a lot of fellows, Rich cute half enough. You take some of these of funny, right here, want, I’ll hire some- continued, they try to electrocute a man fellows running wild, killing and shooting. doesn’t it – said take hire somebody too quick. “I always run up to about 40 They’re just like mad dogs. Why put them him away. Then he body else for this job. seconds,” he said. “When the switch hits up in cells and feed ‘em like fattening hogs nodded to me and said He says, no, I want 2,300 I roll her back to 1,700 and then at the expense of the taxpayers?” can you pull it, Rich? else for this job. you – we’re friends.” work up to 2,300 again. If you turn the He raised up in bed and slapped the mat- I didn’t say a word. I “I didn’t have any tress. A great laugh pealed out of his wrin- just walked over and He says, no, sympathy for Choc. I juice on real long and leave it on it won’t kled throat. slapped it to him like I said, Choc, I tried to kill as quick as if you turn it down some. “Some of them peckerwoods say I had been doing it all I want you – learn you better and I The blood has to have time to cook in the would electrocute everybody in the peni- my life. I didn’t think know your mother did. heart, the way I figure it. I never had ‘em tentiary for two-bits apiece. They think I much about it. we’re friends. You oughta go. He take one out and have to put him back in get a big kick out of it. Well, it is a pleas- Somebody had to pull ” didn’t seem to think again. I take 40 seconds because this gives ure to kill some of these dirty so-and so’s. it as the fellow was - Rich Owens anything wrong about me more time and I don’t burn a man half Just think what they have done to people.” already in the chair being electrocuted so bad. I hardly ever blister him. I watch a “I never give ‘em a thought afterwards,” waiting. I never feel a man should have to either. Of course I felt man right close and when I see smoke he said. “It’s just a job of work. Somebody wait any longer than he has to. Next morn- sorry for his wife. She was up here with begin to rise out of him, I roll ‘er back and has to do it and it might as well be me as ing the warden called me in and said, Rich, two kids. She wanted to go to Durant to let him cool down a little, and then turn ‘er somebody else. I’m just working for a liv- you want any of that money for pulling the some relatives, but she didn’t have a dime. back up where it was put in. ing – an honest living – when I pull that switch. I says no. I wasn’t doing it for pay. The next morning I went up to the office “When a job is done right, a man just switch it don’t bother me any more than He sort of bragged on the way I had done and said I got to have that check right turns sort of pale – like, well – just like a jerking a chicken’s head off. I’ll swear I the work and then said, Rich, will you take away. I just wrote my name on the back of dead man. When we get a new warden, I don’t know how many I’ve electrocuted. I that job over. I said I don’t know. I’m not it and handed it to Choc’s wife – the whole always go up to him after his first one and don’t keep any account. Tomorrow after an interested in it very bad. He said you better $100. She didn’t want to take it at first, but say, warden, how’s you like the way it electrocution I can’t even recall the name.” take it and I said all right if that is the way she did.” come off. If he says, oh fine and dandy, It was sort of an accident that Owens you feel about it.” A wry smile spread over the lined face. that’s all there is to it. I figure he’s satis- became chief executioner at the state peni- In the years that were to follow Rich “I guess she was the first woman who ever fied.” tentiary. He came to the institution in 1909 achieved quite a name for himself nation- took a train ride on money paid for electro- He paused a moment, lost in memories. from the mines where he had been pit boss, ally, in the profession. Other states began cuting her husband,” he chuckled. “You ever see one of my electrocutions?” construction foreman, somewhat of an to seek his services. In 1932 he went to Rich was a serious student of the art of he asked. I assured him I had. “How’d you engineer and a little bit electrician. New Mexico to advise officials in the electrocution. Before he became chief exe- like it?” he asked eagerly. “Rich, I never The first electrocution was in 1915 with installation of a chair. He later electrocuted cutioner, he assisted in carrying out nine saw a finer electrocution in my life,” I said. S. C. Treadwell, chief engineer, pulling the three men in this chair. He also electrocut- death penalties, and studied them all close- He looked pleased. www.okcbar.org • October 2014 • BRIEFCASE 7 iBar Definitive Playlists Lovelace and By Guest Columnist Judge Allen Welch* Matt Blue is an attorney with the Coleman law office in Oklahoma City, and a 2003 grad- uate of OCU College of Law. He is a native of Oklahoma City, but he and his wife now live in Norman. He is also an alum and lifetime fan of the University of Oklahoma, where he earned his undergraduate degree and MBA. Deep Thoughts Matt is always listening to music in his car, during outdoor activities and sometime while working in his office. His interest in music is probably a result of listening to music his par- ents played (such as the Rolling Stones and the Beatles) during long road trips to the moun- By Geary Walke tains or while on other summer vacations. He enjoys golf, fishing and hunting. And, in his No! Not that Lovelace! And it’s “spare time,” Matt has run nine marathons and recently passed the CPA exam. Thoughts, Deep Thoughts! Pay attention She became friends Steve Coleman is the patriarch of the Coleman Law Office in Oklahoma City, and is also and get your minds out of the gutter. “ a graduate of the OCU College of Law. He has maintained a private practice in Oklahoma The Lovelace I refer to is Ada Lovelace. with another British County throughout his career and, since 1982, has practiced in the historical “Townsend Never heard of her? Me neither, until acci- House” located on Reno just east of downtown. He is an alum of Vanderbilt University dentally tripping over the name and a ref- mathematician, (where he played football), and remains a loyal Commodore fan. erence to her historical significance. He has consistently been involved in the local community throughout his career and, in I am constantly amazed at how small the Charles Babbage. the last few years, has been integrally involved with Oklahoma Honor Flights and helps world can be. Yet, there are connections accompany our World War II veterans to Washington, D.C. He enjoys spending his spare between people, between generations, and He called her the time with his wife Lori, and traveling and visiting his children and grandchildren in South between ideas, people and generations, Carolina, California and here in Oklahoma. which amaze and confound. I am barely ‘enchantress of competent to navigate my iPhone, and I Matt’s Playlist have a primitive understanding of comput- numbers.’ Mr. Babbage ers, and the internet remains a big pipeline Song Title Artist of electrons to me, but all of these “mod- designed plans for an ern” technological wonders began some- Safe and Sound Capital Cities where and developed over time. ‘Analytical Engine’ To Be Young Ryan Adams Ada Lovelace, who was also known as Midnight Ramble Rolling Stones Ada Byron, was also known as Lady which was an improve- 6 AM Fitz & The Tantrums Lovelace. She lived in England in the mid- ment over his earlier Trying to be Cool Phoenix nineteenth century. She was the sole legit- Transpose Bad Suns imate child of Lord Byron (George Gordon design of a machine American Baby Dave Matthews Band Byron, 6th Baron Byron), the great, and literally noble, romantic poet. He separat- called a ‘Difference Steve’s Playlist: ed from his wife and child while Ada was an infant, and went off to produce those Machine.’ Song Title Artist other, illegitimate, children, write poetry ” Raindrops Keep Falling on My Head B.J. Thomas and fight for Greek independence. With good reason, Ada’s mother wanted thought was an algorithm. An algorithm Exodus Ferrante & Teicher to keep her from the “insanity” of her carried out by a machine is also known as Sweet Dreams Roy Orbison father, which meant distracting her from a computer program, and this algorithm I Got a Woman Ray Charles the language arts by immersing her in was the first actual notion of a computer Dynamite The Vanderbilt Marching Band mathematics and science. Ada was a good program. Hence, Ada Byron, aka Ada Tighten Up Archie Bell and the Drells student. When grown she referred to her- Lovelace, is now known as the world’s Happy Pharrell Williams self as a student of “poetical science” and first computer programmer. called herself an “analyst and metaphysi- At the age of 12 she had investigated fly- *Chris Deason and Judge Don Deason are busy working full time and campaigning. cian.” ing and even proposed a book examining Bridget and Adam Childers, and Judge Allen Welch and Cindy Welch will be filling in as She became friends with another British the aspects of flying entitled, what else? guest columnists. Enjoy! mathematician, Charles Babbage. He Flyology. She was challenged by many of called her the “enchantress of numbers.” the then-modern areas of thought, such as Mr. Babbage designed plans for an phrenology and mesmerism. She made “Analytical Engine” which was an many observations about how humans improvement over his earlier design of a relate to technology, as well as interrela- machine called a “Difference Machine.” tions between math and music. The earlier machine was designed to find In a Victorian society Ada lived a scan- polynomials. Sure, you remember polyno- dalous life. There were rumors of many mials. And, since you do, I won’t try to affairs, and her intense interest in gam- explain to you what they are, which is also bling led her to attempt a mathematical why I am not a mathematician. model to assist her in that effort. However, Polynomials are apparently in great the mathematical model wasn’t all it was demand among scientists, mathematicians, believed to be (math can be so disappoint- and navigators, and used with printing ing), and she lost a fortune. presses. Pretty much everyone else refuses Ada understood that the analytical to kick those sleeping dogs. engine foreshadowed so much more than The improved machine, the Analytical merely crunching numbers like an adding Engine, could theoretically compute, in the machine. She wrote: general sense that “computing” is used Supposing, for instance, that the fun- today. A working model was not actually damental relations of pitched sounds in built until 1940, nearly one hundred years the science of harmony and of musical after Babbage designed it. According to composition were susceptible of such the design it would have a memory and expression and adaptations, the engine other components driven by information might compose elaborate and scientific put into it via punched cards in the same pieces of music of any degree of com- method as used in those days for looms plexity or extent. (can anyone say: early computers? How about Fortran IV?). Now, we have GarageBand by Apple, Back to Lady Lovelace. While translat- and iBar in the Briefcase. And, such is the ing an article about Babbage’s analytical great and wonderful potential of the engine from Italian to English, Ada includ- Analytical Engine and Lady Lovelace’s ed her own thoughts in the margins. One deep thoughts. 8 BRIEFCASE • October 2014

Work Life Balance Ergo by Inwood Office Furniture Better Mental Health with Vigorous Exercise

By Warren E. Jones Participants who were above the vigor- Everyone knows that ous intensity exercise exercise is good for us. recommendations As the Geico commercial enjoyed better quality says, “everybody knows sleep: longer, and deep- that.” Everybody knows er. Finally, the study that exercise is good for shows that in times of our physical health. What high perceived stress, we don’t know quite as young adults above vig- well is whether intensity orous intensity exercise of exercise affects the standards report fewer inwood outcome in our MEN- mental health problems TAL health. than their moderate OFFICE Stress and stress relat- intensity exercise coun- InVIRONMENTS ed mental disorders are terparts. a new approach to the sit/stand work environment. extremely common Most previous studies among young people. Warren Jones have looked at the health High stress levels are benefits of active versus inactive lifestyles. This study showed associated with numerous mental health that meeting additional vigorous intensi- problems including increased depressive ty exercise recommendations is associat- symptoms, higher burnout rate, increased ed with fewer mental health problems sleep complaints, elevated levels of pain, among young adults who already fulfill and decreased quality of life. basic moderate physical activity stan- Also, mental health problems are asso- dards. This suggests that intensity, not ciated with decreased professional suc- simply activity, plays a crucial role. cess, and this is especially problematic Therefore, it seems, we have some evi- for young attorneys who are at the begin- dence for a stress — buffering effect of ning of their careers. vigorous physical activity, with on one A new study published in the most hand low perceived stress among vigor- recent Physiology and Behavior journal ous exercisers, and on the other hand answers three inquiries: first, do young fewer psychological complaints despite adults who accomplish the American high perceived stress. College of Sports Medicine’s vigorous – Putting it one different way, this new intensity exercise recommendations dif- study provides evidence that meeting the fer from their peers who are below these vigorous intensity exercise standards is standards with regard to their level of associated with improved mental health perceived stress, depressive symptoms, and more successful coping among perceived pain, and subjective com- young people even compared to those plaints? Second, do young adults below who are meeting or exceeding the and above the American College of requirements for moderate physical Sports Medicine’s vigorous intensity activity. The current physical activity exercise recommendations differ with recommendations were originally con- regard to their objectively assessed sleep ceived with an emphasis on developing patterns? Third, do young adults below and maintaining cardiorespiratory, mus- and above those exercise recommenda- culoskeletal, and neuromotor fitness. tions differ with regard to their depres- This new data suggest that vigorous physical activity is an important factor in sive symptoms, perceived pain, and sub- stress management, pain perception, and jective sleep complaints when coping subjective and objectively assessed sleep with high stress? quality. The current exercise recommendations If you are a long time reader of my col- to satisfy the ACSM’s moderate physical umn, you will remember my having writ- activity standards are 150 minutes or ten before about your merely “going more per week. The ACSM’s vigorous through the motions.” That is, not putting physical activity standards are three or much effort into your exercise. It looks more days per week of 20 minutes. like we have one more reason to step it Examples, by the way, of activities that up. are vigorous are: vigorous resistance training; vigorous rowing; scrubbing floors; pushing a lawnmower; shoveling snow; running at 4.3 mph; vigorous Warren E. Jones, JD, HFS, CSCS, CEQ, is an American College of Sports Medicine skateboarding; and walking at 4.3 mph. (ACSM) Health Fitness Specialist, a National What were the findings? Participants Strength and Conditioning Association who were above the vigorous intensity Certified Strength and Conditioning exercise recommendations perceive less Specialist, and a holder of an ACSM Certificate of Enhanced Qualification. His stress, experience fewer depressive clients range from competitive athletes to the symptoms, report less pain, and suffer morbidly obese. He can be reached at from fewer subjective sleep complaints. [email protected] or at 405-812-7612. www.okcbar.org • October 2014 • BRIEFCASE 9 Domestic Violence by the Numbers

• 62% were family Source: U.S. Conference of Mayors, October is Domestic • 50% were friends 2008 • 35% were law enforcement Approximately 63 percent of homeless Violence Awareness Month! Source: Oklahoma Domestic Violence women have experienced domestic vio- Fatality Review Board, 2011 lence in their adult lives. Source: National Network to End Domestic Violence By Lawyers Against Domestic CONTRIBUTING FACTORS Abuse Committee Unemployment Prior History and Escalation of In a report by the Domestic Violence In 2011, 26 percent of domestic vio- Violence Policy Center the week of September 7, lence perpetrators and 16 percent of vic- In 77 percent of cases there was evi- 2014, Oklahoma ranks third in the coun- tims were unemployed. dence of prior abuse. Source: Oklahoma Domestic Violence try in the rate of women killed by men. Source: Oklahoma Domestic Violence Fatality Review Board, 2011 The study is based on the latest available Fatality Review Board, 2011 data from 2012. That is worse than the rating of 17th based on 2010 data. Depression/Mental Health Threats to Kill Here are other facts concerning domes- 27 percent of perpetrators had identi- 49 percent of perpetrators had made Oklahoma ranks tic violence in Oklahoma based on the fied mental health issues at the time of death threats prior to homicide. 15 percent of perpetrators told some- “ Oklahoma Department of Human the death event. Source: Oklahoma Domestic Violence one before the death event that they Services Domestic Violence Task Force Fatality Review Board, 2011 planned to kill the victim. Report issued October 4, 2012. The num- Source: Oklahoma Domestic Violence third bers speak for themselves. Alcohol & Drug Use Fatality Review Board, 2011 In 2009, 18,686 adults and children In 51 percent of cases, alcohol/drugs in the country sought help from Oklahoma’s 30 certi- were consumed prior to the death event. Stalking fied violence programs: 68 percent of perpetrators and 44 per- 20 percent of victims told someone the in the rate of • 72% women cent of victims were known to regularly perpetrator was stalking them. • 3% men use drugs/alcohol. Source: Oklahoma Domestic Violence women killed • 25% children Source: Oklahoma Domestic Violence Fatality Review Board, 2011 Source: Oklahoma Domestic Violence Fatality Review Board, 2011 by men. Fatality Review Board, 2011 Separation In 61 percent of domestic violence Homelessness 45 percent of victims were in the ” homicide cases someone knew of ongo- In 2008, 28 percent of homeless fami- process of leaving the perpetrator. ing domestic violence prior to the homi- lies were homeless because of domestic Source: Oklahoma Domestic Violence cide: violence. Fatality Review Board, 2011 Become a Paralegal

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Department of Legal Assistant Education University of Oklahoma Law Center 10 BRIEFCASE • October 2014 Picture Quiz

By Judge Vicki Robertson (Retired) In 1976, OCBA President Andrew Coats was proud to present the 1976 Bicentennial Issue of the Oklahoma County Bar Association Pictorial Directory. “The 1. 2. 3. 4. Pictorial Directory Committee, under the chairmanship of Nancy Coats and com- posed of Bill Bowlby, Brooke Murphy, Carey Epps, James M. Robinson, Clark Musser, Jim Berry, and Robert J. Petrick, worked many long and tedious hours in preparation of their fine efforts.” Match the following pictures to the attorney: (Answers will be in next month’s Briefcase.) A. Murray Abowitz 5. 6. 7. 8. B. Charlie Alden C. Gary Bachman D. Joe Biscone E. Judge Nancy Coates (Retired) F. George Corbyn G. John Coyle 9. 10. 11. 12. H. Joe Crosthwait I. Jack Dawson J. Judge Fred Doak K. Jerry Durbin L. Judge Steve Friot M. Eddie Goldman 13. 14. 15. 16. N. Jon Hester O. Gary Homsey P. Jim Kirk Q. Brooke Murphy R. Sid Musser S. Larry Ottaway T. Larry Spears 17. 18. 19. 20. www.okcbar.org • October 2014 • BRIEFCASE 11 Thank You, Judge Ray Dean Linder

By Judge Patricia Parrish ue to serve in this position until his retire- the same significance to all cases that he In his 46 years on the bench, Judge In 1967, the following events occurred: ment in January, 2015. hears because in his words, “Every case is Linder has experienced 9 Presidents, 9 • Lyndon B. Johnson was President of Judge Linder excelled in both academics important to someone.” He applauds the Governors and 4 amendments to the the United States. and athletics in his school years. He gradu- legal profession as being better educated Constitution. Despite the changes that have • Dewey Bartlett was Governor of the ated as valedictorian from Waynoka High than ever before but notes that the lack of taken place, Judge Linder has remained a State of Oklahoma. School. In college, he was the varsity quar- civility among attorneys is a never ending constant — a Jurist Extraordinaire! terback and pitcher at SWOSU and was concern. • Thurgood Marshall was appointed as Judge Linder has been happily married to inducted into the NWOSU Sports Hall of In trying to sum up Judge Linder’s out- the first black Supreme Court Justice. his lovely wife, Wylodean Berry, for 58 • The Vietnam War was ongoing. Fame in 1998. He obtained standing career, long- his Juris Doctorate degree time friend and attorney, years and together they have raised four • The Beatles released Sgt. Pepper’s in 1960 from the University Duke Halley, said it best: wonderful children. They also have been Lonely Heart Club Band. of Oklahoma College of “Judge Linder thorough- blessed with four grandchildren and one • Twiggy ruled the modeling world. Law and then began his ly analyses his decisions great grandson. • The Graduate was released at theatres. legal career as the Woods and takes time to be cer- This January, Judge Linder will retire, • Minimum wage was $1.40 per hour. County attorney. Judge tain all involved under- and he shared that he desires to spend more • Gas was 33 cents per gallon. Linder has presided in all stand not only his rulings time with his family. Of course, he will • Stamps were 5 cents each. matters, from traffic viola- but the rationale behind continue to sharpen his archery and gun • Green Bay won the first Super Bowl. tions to murder cases. For his rulings.” Known for • And, Ray Dean Linder was appoint- skills as he is always seeking that one next 21 months, he oversaw all his patience, he once quail, turkey, squirrel or elk. When he is not ed as County Judge for the Fourth discovery issues and pretri- explained a ruling four hunting, he will continue honing his lap- Judicial District. al motions in the infamous times to an attorney who idary and silversmith skills. Judge Linder began his judicial career case of State of Oklahoma v. still questioned its cor- initially serving as County Judge for the Terry Nichols. rectness. Finally, Judge I would like to take this opportunity on Fourth Judicial District covering Alfalfa, Judge Linder is known Linder commented, behalf of the Bench and Bar to express our Dewey, Major, Woods and Woodward not only for his dedication Judge Ray Dean Linder “I’ve done my best to gratitude to Judge Ray Dean Linder - Counties. He later served as Associate to the law but also for the explain my ruling, per- Judge, thank you for your 46 years of District Judge. In 1982, Judge Linder took respect that he shows to everyone who haps you should go back to the law library dedicated service. We are truly grateful the bench as District Judge and will contin- appears before him. Judge Linder attaches and research it again.” and have been blessed! 12 BRIEFCASE • October 2014 OCBA Annual Dinner Dance

Outgoing President Patricia Parrish started the evening with a big laugh.

President Jim Webb with his mother, Nancie.

Incoming President Jim Webb presents Patricia Parrish with her 2013-14 Presidential Plaque.

Clark Musser & Steve Barghols Outgoing YLD Chair Drew Mildren with Incoming YLD Chair Justin Meek.

Debra & Bay Mitchell with Sheila & Preston Stinson Burton & Louise Johnson, always the first on the dance floor! www.okcbar.org • October 2014 • BRIEFCASE 13

Bob & Leah Jackson Ryan & Sarah McGovern Miguel & Anna Garcia

Jim & Cathy Kirk Jonice & Jeff Meizure Charlie & Barbara Swinton

Dan & Lacy Couch Angela & Mark Bahm Caroline & Drew Mildren

Store Hours Mon.-Fri. 9:00 to 6:00 • Sat. 10:00 to 1:00

CELEBRATING 20 YEARS EVENTS at the OKLAHOMA TOWER OCTOBER 21, 2014, MEET BONITA SCHULMAN for our On November 26, 1994, we CUSTOM SHIRT EVENT moved from the First National • 20% off for 4 or more shirts Center to the 2nd Floor at • 10% off for 2 to 3 shirt order • Elimination of the $25 fee 1 shirt order Oklahoma Tower. NOVEMBER 6, 2014, ENTER TO WIN • ALLEN EDMONDS BELT, valued to $120.00 • ALLEN EDMONDS SHOES, valued to $385.00 210 Park Avenue, Suite 220, Oklahoma City, OK 73102 ENTER TO WIN Call (405) 235-4800 for reserved parking. $100 GIFT CERTIFICATE We are always open at TO BE GIVEN AWAY NOW THRU www.teenahickscompany.com WEDNESDAY, DECEMBER 31, 2014 14 BRIEFCASE • October 2014 Remembering Judge Richard Freeman Jr.

By Special Judge Allen Welch Saied and sometimes Charles Owens would breakfast Judge Richard Freeman Jr., died barely one year ago on together every Wednesday morning. Judge Burkett October 25, 2013. He served as an Oklahoma County regrets not tape-recording those conversations, even if judge from 1985 through 1999. His obituary read that, those in attendance often repeated the same stories. “We post-retirement, he “especially enjoyed the many new are now down to three, Jack, Leamon and me,” says friends he met at the “feed store” in Cashion, when they Judge Burkett. “We’ll miss Richard.” gathered daily to solve the world’s problems.” Several of Judge Freeman was a friend of Judge Leamon his colleagues on the bench have wonderful memories of Freeman. They were not related but they practiced law Judge Freeman. together, and then served on the bench together. At Judge Bill Burkett recalls that he met Richard Freeman short- Freeman’s funeral service, Judge Leamon Freeman said ly after he (Judge Freeman) was appointed to the bench. that Judge Freeman was his friend, his law partner and his Judge Freeman had over-ruled attorney Burkett’s motion colleague on the bench, but that the two were “still not for summary judgment. With trepidation, Burkett then related.” presented a Motion to Reconsider. “Well,” said Judge Leamon Freeman recalls that he was running late into Freeman while granting the motion, “I’ve been known to the lunch hour one day, as the jury returned a verdict. make a lot of mistakes, and I don’t mind the opportunity Richard Freeman sat in the back of the courtroom, until to correct one before it’s too late.” Needless to say, he and his lunch date (Leamon Freeman) could leave for Judge Richard Freeman Jr. Burkett became a fan, and remained a fan forever. lunch. The defendant was found guilty of rape, and the Judge Burkett and Judge Freeman then served on the jury recommended a substantial sentence. The jury was in the courtroom. The bad news was that Judge Leamon bench together for several years. released, once formalities were completed. Freeman had not yet learned how to activate it. One In those days, the judges met for breakfast on the last As the jury filed out, the defendant shouted at the jury, defense attorney found shelter in the judge’s bathroom, Thursday of each month. A different judge would serve as “I hope you can sleep well tonight.” Barry Albert, the where he joined a female juror hiding there. That attorney the host each month, and would provide sweet rolls, cof- assistant District Attorney who prosecuted the case, was told Judge Amick that the last thing he saw, while scurry- fee and other goodies. Without exception, the judges were a large and extroverted man. He turned to the defendant ing out of the courtroom and into the bathroom, was a congenial and friendly. After socializing over refresh- and, in a stage-whisper audible throughout the court- female relative on top of Barry Albert “beating the day- ments, the judges would go around the table for state- room, made a suggestion to the defendant that he (the lights out of him.” Judge Amick wondered if that adven- ments or questions. Judge Burkett recalls that Judge defendant) perform an anatomically impossible feat. ture put the kibosh on future lunch dates of the Judge Freeman “always had pithy, appropriate and humorous Female relatives of the defendant rushed through the gate Freemans. comments that kept the atmosphere light and enjoyable.” separating court personnel from spectators and attacked A jury once recommended a sentence of eight years to After retirements, Judges Richard Freeman, Leamon Barry Albert. Absolute chaos ensued. The good news was Judge Richard Freeman, though under the law and cir- Freeman, John Amick, Jack Parr, James Blevins, William that a new security alarm system had just been installed cumstances, the sentence — as the jury had been instruct- ed — was required to be no less than thirteen years. When Judge Freeman asked if the defendant wanted a new trial, Old News the defense lawyer, for reasons obvious to almost every- one, said “No, judge, please overrule the motion.” But the defendant loudly and adamantly insisted that he wanted a Excerpts from OCBA News: coming fiscal year,” he said, “after both the Society new trial. For perhaps the only time in his life, Judge April, 1973, Part 5 Board and the OCBA protested announced cuts.” Freeman lost patience and said “You want a new trial, I’ll Even though most financing comes from OEO, other give you one.” The defendant bellowed back, “Well, grants are made to the LAS by the United Appeal and that’s what I want.” The motion was granted. The follow- Serving The Poor the Oklahoma Crime Commission. ing month, the defendant’s new trial was held — before “We still don’t know what form or route we will get Judge Charles Owens. Proving yet again that one must be By Judge Edward B. Dycus funds through, but we are keeping in close touch with careful regarding what one asks for, the defendant was “The Legal Aid Society (LAS) is a busy place,” says the situation and also with the OCBA’s Committee for sentenced to thirty-five years. (The defendant’s name was Philip D. Hart, newly elected president of the Society, Legal Aid, headed by Bill Shdeed.” Lucky. Honest.) “and so are the Board meetings – lively but enjoy- Since the OCBA took the lead in organizing the Judge Jerry Bass was Judge Freeman’s neighbor on the able.” LAS back in 1955, there have always been close ties eighth floor, until Judge Freeman retired. Judge Bass Phil was elected to the Board of Directors of the between the two organizations. Even today the 22 recalls many stories. As a young public defender, attorney Society in 1970, before becoming president this past member Board includes a majority of Oklahoma Bass encouraged a client to enter a blind plea, after assur- January. He practices law as a partner in the firm of County attorneys. ing the defendant that Judge Freeman was a good man McAfee, Taft, Mark, Bond, Rucks & Woodruff, 100 The Board sets policy for a staff of nine attorneys and a fair judge. Judge Freeman sentenced the defendant Park Avenue, and also teaches Equity at the Oklahoma and five legal interns. In addition to the paid staff to twenty years. Interrupting the wailing and the gnashing City University School of Law, where he has been on dozens of volunteer lawyers, and students from both of teeth which followed, Judge Freeman told young Bass the faculty since 1968. He has also served as the University of Oklahoma and Oklahoma City “Once your client stops wailing and after you pick your President of the Young Lawyers Conference and on University, help in serving poor clients and in con- jaw up off the floor, come see me in chambers.” Per the various committees of the OCBA. ducting four evening legal aid clinics each week over law at that time, every sentence was reviewed within 120 Phil has a long record of academic and professional the city area. days - at which point Bass’ client was released. “But, achievements. His scholastic achievements date back The Society handles a caseload of approximately boy,” recalls Judge Bass, “ the defendant got the mes- to his election to Phi Beta Kappa while an undergrad- 100 cases a week, or 5,000 a year. “We are not permit- sage.” Judge Bass and Judge Freeman enjoyed bouncing uate at the University of Oklahoma. In the OU ted to take,” President Hart pointed out, “any fee-gen- thoughts and questions off each other. Sometimes, a con- College of Law, from which he was graduated in erating cases and in fact many applicants for services clusion would crystalize while the speaker spoke before 1960, he was elected to the Order of the Coif, was an have to be refused because they don’t come within the the respondent judge opened his mouth. The two had a Oklahoma Law Review editor, was a member of the guidelines.” These include no more than $50.00 a wonderful relationship as colleagues and friends. Judge national runner-up Moot Court team in 1959, and won week gross income for a single person or $65.00 per Freeman’s retirement in 1999, says Judge Bass, “left a numerous awards and scholarships. week for a couple, with $10 a week added for each hole.” Federal financing (OEO) for the LAS seems reason- extra dependent. Ralph Waldo Emerson said that the purpose of life “is ably well assured despite cutbacks in most poverty “Persons who do not qualify and who do not know to be useful, to be honorable, to be compassionate, to programs, the 1973 President says. This is true despite a lawyer are referred to the OCBA’s Lawyer Referral make some difference that you have lived and lived the dismantling of the Office of Economic program,” the President said. well.” By any definition, Judge Freeman lived well. His Opportunity, from which the local Legal Aid organiza- A native of Ada, Phil is married to the former passing “left a hole.” We all “miss Richard.” But we are tion gets the major portion of its present financing. Carolyn Gimpel and is the father of Philip Jr., 12 and all better for having known Judge Freeman and, if not “We were assured of continuing funds through the Sarah, 8. having known him, by emulating his useful and honor- able life. www.okcbar.org • October 2014 • BRIEFCASE 15

Bar Observer

Barbush Placed in Top 40 College of Law’s Sneed Lounge. Faculty Obama nominated Justice Sotomayor as an Second Circuit from 1998–2009. members had the opportunity to visit with Associate Justice of the Supreme Court. The National Trial Lawyers has placed Justice Sotomayor and ask questions in an She earned a B.A. in 1976 from Princeton Leach Joins Christin Mugg John E. Barbush on its Top 40 Under 40 intimate setting. University, graduating summa cum laude for the State of Oklahoma. Following breakfast, Justice Sotomayor and receiving the university’s highest aca- Adkins & Associates PLLC joined a fireside chat with President David demic honor. She then went to Yale where Christin Mugg Adkins & Associates Boren and Dean Joe Harroz, Jr. She made she earned a J.D. and served as an editor of OU College of Law Hosts the PLLC announces Shane R. Leach of remarks and answered questions to a the Yale Law Journal. Upon graduating in Oklahoma City has joined the firm as an Honorable Sonia Sotomayor, packed audience. More than 300 students, 1979, she served as Assistant District Associate Justice, Supreme faculty, staff and members of the public Attorney in the New York County District associate attorney. Mr. Leach earned his Court of the United States attended the fireside chat in the Dick Bell Attorney’s Office until 1984. She then liti- J.D. from OCU School of Law in 2014 and Courtroom, with overflow seating in the gated international commercial matters in will focus on contested estate matters, pro- On Friday, September 12th, the library sky box and Kerr Student Lounge. New York City at Pavia & Harcourt from bate, and oil and gas law, as well as expand- Honorable Sonia Sotomayor, the nation’s Following the fireside chat, Justice 1984–1992. In 1991, President George ing the firm’s practice with the opening of a first Hispanic U.S. Supreme Court justice, Sotomayor spoke to 200 OU Law alumni H.W. Bush nominated her to the U.S. satellite office located at 603 Delaware visited the University of Oklahoma College and friends at a luncheon in the Sandy Bell District Court, Southern District of New Street, Perry, Oklahoma 73077. of Law. Gallery in the Fred Jones, Jr. Museum of York. She served in that role from Justice Sotomayor’s day began by meet- Art. 1992–1998 and served as a judge on the ing with faculty over breakfast in the On May 26, 2009, President Barack United States Court of Appeals for the See BAR OBSERVER, PAGE 18 OCU School of Law News

In the Presence of Justice: law students as they enter the world of the A Dream Come True legal profession and become citizen lawyers the Justice said, “never forget By Krystle L. Hampton either in law school or in practice that what Class of 2015 the legal profession is, is service to people, if you remember that you will never On September 11, 2014 I had the oppor- become unhappy with law.” tunity to sit in the presence of Supreme That advice gave me hope. As a law stu- Court Justice Sonya Sotomayor during her dent it is easy to get enveloped in doubt and visit to Oklahoma City University School fear of being an unsuccessful attorney. of Law. This is something that very few Justice Sotomayor’s advice gave me hope, people can say they have done and I felt hope and clarity that I will never be unsuc- honored. cessful in the practice of law as long as I am As an African-American woman, I sat in doing what I have been called to do which awe as I watched the first Latina Justice on is to serve. the United States Supreme Court enter the It was a privilege to sit before Justice room with such prestige. I think it is amaz- Sotomayor and listen to her words of ing to see a woman with her upbringing, a encouragement and truth. It is every law woman who started life in such humble student’s dream to meet a Supreme Court Photo courtesy of Simon Hurst beginnings, make it to where she is today. Justice, and my dream has been fulfilled. She is an inspiration who has made tremen- invested in the neighborhood of downtown. floors. Now the building is vacant and con- dous strides for minority women every- Oklahoma City University is Thus, the law library will be on the first and struction is being completed on the last of where. second floor of the new building and will be the building-- the fourth and fifth floors. In her speech that day she told the audi- Growing Forward open to the public. Judges, lawyers, and cit- One major project of the remodel was pre- ence, “hearing is not the same as agreeing By Abigail Patten izens who may need to use the library are serving the historic murals that were origi- by the way, you can hear things and dis- welcome, as well as the members of the law nally commissioned for Central High by the agree, but you are not entitled to disagree In case you have not heard the exciting school. There will be areas for conversation renowned Oklahoma artist, Olinka Hrdy. until you understand. “ That statement news, Oklahoma City University School of and room to express ideas in the law library. The murals were removed to be restored meant so much to me. As an attorney-to-be, Law is moving downtown! The law school The first floor will be all about the students when construction began and are still in the it is important that I develop the ability to is set to move in December and begin class- es in January, 2015 at the new location, the and will assist them to get involved in the process of being restored. As soon as they understand and to listen to the needs of the neighborhood. historic Central High School building at are completed this fall they will be rein- people that I serve before I render my The rest of the layout of the five floors of 800 North Harvey Avenue. Restoration and stalled before the move in December. thoughts to them. I will remember those the building will include the following: construction on the building is ongoing; The school is currently scheduling grand wise words when I enter the legal profes- • The first floor, as previously stated, will however, during this summer 95% of the opening festivities for the week of March sion; I owe that to my clients, my col- house the law library with study com- books from the library were moved to their 23, 2015, and there will be an open house leagues, and myself when the time comes. mons. new home over a two week period, begin- for any of those who are interested in look- When asked what advice she had for the • The second floor will consist of more of ning July 23rd. ing at the building and the new home of the library along with the clinical At its current location on OCU’s main Oklahoma City University School of Law. offices and law review. campus, the law school is spread out There will be more details to come about • The third floor will be admissions, stu- between four buildings with very limited the grand opening festivities in the near dent services, career services, and the parking. The move downtown will consoli- future. student bar association offices, along date all of the areas of the school currently We would like to thank all of the gener- with conference rooms and the Grand situated on the OCU campus from four ous contributors of the growing forward Hall. buildings into one. This will make it easier capital campaign at OCU School of Law. • The fourth floor will be the location of for faculty, staff, and students to get to each We are currently well over half-way to our the Dean’s office, the faculty offices, area, office, and classroom, especially with- 23 million dollar goal! Your donations have and the Office of Advancement. out having to venture out into the been greatly appreciated and help toward Oklahoma weather. The new location will • The fifth floor will be the location for the momentum and historic move down- also provide for additional parking. all the classrooms and the Moot town while the school grows forward into Currently, the parking is hit or miss for stu- Courtroom. the future. If you would like more informa- dents and non-existing for visitors. Construction and restoration on the tion about the historic move you can visit However, the new building will provide building began in November 2013. the campaign page at growingforward. 3L Krystal L. Hampton and U.S. Supreme Court plenty of parking for all the students with- American Farmer & Rancher Insurance was okcu.edu or contact Josh Snavely, Dean for Justice Sonia Sotomayor during the Justice’s visit to Oklahoma City University School of Law on out having to walk too far to find a spot. the previous tenant of the building, and Advancement and External Relations, Josh September 11, 2014. Photo courtesy of Ann Sherman With the move it has been important to while they were still located there, con- Snavely, at 405-208-7100 or jsnavely@ Photography. Dean Valerie Couch that the law school be struction was occurring on the first two okcu.edu. 16 BRIEFCASE • October 2014

VETERANS from PAGE 1 can’t very well do that while making a take- which had been air dropped but had fallen squad was moving through thick jungle up a off roll, trying to get up enough speed to get into a mine field. He received multiple sandy hill near Da Nang. side of the runway. the Spad off the short runway. But he did it. wounds in doing all this. The lead man, who was uphill, stumbled Major Bernard, pronounced [Bernerd], Finally, the Spad cleared the ground on When finally the NVA had taken the air over the trip-wire of a homemade mine. The “Bernie” Fisher saw him go in. The closest the overrun at the end of the runway and he strip and was attacking the camp directly, he wire turned over a tin can into which the Viet rescue helicopter was 30 minutes away. The began the climb to get out of the valley. He directed the defenses from inside the camp Cong had stuffed a hand grenade with the closest NVA soldiers were 200 yards from returned to his base in South Vietnam, with until the camp was about to be overrun. pin pulled but with the fuse not yet lit Myers. a very grateful passenger. When asked why Some of the South Vietnamese troops went because the handle on the grenade had not It was commonly known at the time that he did what he did he responded “When a over to the NVA and turned their weapons popped out because it was held by the sides most people who went down in that part of man is down, you don’t leave him there.” on the camp. of the can. When the can overturned, the the world were not taken prisoner but rather There’s a bit of a back story. There had Sgt. Adkins and the survivors were then in grenade came out and rolled down the hill were killed. (It was only further north into been a similar rescue during World War II, in a bunker at the east edge of the camp. He through the squad, with the fuse smoking. North Vietnam that the Vietnamese had the 1944. Capt. Dick Wilsie’s P-38 (also a sin- destroyed the radios, so the NVA couldn’t Sloat had couple of choices to make: If the time or the patience to deal with prisoners.) gle-seat fighter) had been shot down near use them to call in rescue forces and shoot grenade went off in the middle of his squad, Besides, the worst place to crash is the Ploesti, Romania, far behind German lines. them down and destroyed all the classified the blast and fragments from the grenade immediate area you’ve just been attacking. Flight Officer Dick Andrews landed his P- information in the bunker. Then he and the would likely kill them all. He could hit the Bernie Fisher announced that he was 38 nearby, squeezed the downed pilot into others, almost all wounded, dug out of the dirt and hope he escaped the fragments from going to land and try to pick up Myers. He the cockpit, took off and got him out. For back of the bunker and fled into the jungle, the grenade explosion or he could pick up first set up the rescue, using the 6 Spads that, Andrews got the Silver Star. Both while the NVA continued to pour fire into the grenade and throw it away from the which were by then in the area, carrying a Wilsie and Andrews were involved in the bunker, thinking the Americans and squad. He picked up the grenade but when wide variation in ordnance. Among them, Bernie Fisher’s rescue of Myers. Wilsie was South Vietnamese were still there. He is he started to throw it, he realized American however, were some carrying napalm and all Myers’ commanding officer and Andrews thought to have killed as many as 175 NVA soldiers from another unit were in the area had 20 millimeter cannon. during the battle. flew top cover during the rescue. where he was going to throw the grenade. Bernie had two Spads come down the run- Fisher received the Medal of Honor for He then evaded capture by the NVA while He instead pulled the grenade to his belly way just ahead of him strafing with the 20 his rescue. What brings this all to mind just helping the other wounded through the jun- and bent over, absorbing most of the blast MM and dropping napalm on the east side of now is that Major (now Colonel) Bernard gle. Late on the night and early morning of from the grenade with his body. His fellow the runway, where the ground fire was com- Fisher died August 16, 2014 at the age of 87. the 20th, the little group found itself sur- squad members were wounded but he was ing from. He came right behind these two While this was all going on around the rounded by NVA. They realized they could the only one killed. aircraft and landed on the shell-hole pocked airstrip, a desperate fight was being waged see big eyes looking at them from the jungle, What is most remarkable about all this is field, from north to south. His aircraft was in the Special Forces camp just to the east. between them and the attacking NVA. A that, when the need arises, such extraordi- hit 19 times during his landing roll and while At the beginning of the NVA attack, on tiger, smelling the blood from their wounds nary men as these seem always to be there. he taxied back to the north end of the run- March 9, there were 10 American Special was very interested in them. way to pick up Myers. Forces troops (Green Berets) and about 400 Fortunately, the NVA were as frightened And they do extraordinary things. He got Myers in the aircraft. His was a South Vietnamese troops. While the base of the tiger as the Americans were and It has been said that a veteran is someone one-seat airplane, so he had to position was under attack, 5 more Green Berets were pulled back. The little group was able to slip who, at some point, wrote a blank check Myers on his lap. He then started a takeoff helicoptered into the fight. Five of the 15 away into the jungle, where they were res- payable to the United States, for any amount roll. He had to steer the airplane around the Americans in the camp did not make it out. cued by American helicopters a couple of up to and including life itself. On this shell holes and bomb craters, which would The little camp fell to the NVA late the night days later. Sgt Adkins, now retired as a Veterans Day (and maybe on some days have wrecked his airplane if he had hit them. and early morning of the day of Fisher’s res- Command Sergeant Major, the highest when it’s not Veterans Day) tell a veteran His task in steering around the holes in the cue, March 10. enlisted rank in the Army, and living in you know “Thanks for your service.” It will runway was made infinitely harder by the In the camp was Sergeant First Class Opelika, Alabama, belatedly received the make you both feel good. fact that the Spad is a “tail-dragger.” That is, Bennie Adkins of Waurika, Oklahoma. Medal of Honor from President Obama on You should also consider participating in on the ground, it sits on the main gear (the When the attack began, he set up a mortar in September 15, 2015. the Oklahoma Bar Association’s Lawyers two wheels under the wings) and a tail the center of the camp and dropped 81 MM On the same day that Command Sgt. for America’s Heroes program. This pro- wheel. This makes the nose point up into the mortar shells on the attacking NVA. Earlier Major Adkins got his Medal of Honor, gram provides needed legal services to vet- air and prevents the pilot from seeing direct- on March 9th, before Fisher’s rescue, he President Obama awarded a posthumous erans who are down on their luck and can’t ly ahead of the airplane. Fisher would nor- turned the mortar over to others and took MOH to a young army soldier, Specialist otherwise afford adequate legal services. mally make “S” turns when taxiing, so he wounded to the air strip where they were Donald Sloat, of Coweta, Oklahoma. He Call Gisele Perryman at OBA at 416-7086 could see out the side of the aircraft to avoid evacuated. He also left the perimeter of the was a 20-year-old machine gunner in a light or go to [email protected]. Somehow hazards like the shell holes and craters. He camp to retrieve ammunition and water infantry Brigade and was out on patrol. His that doesn’t seem like such a sacrifice.

WATSON from PAGE 2 take over. stamps. She had boyfriends in and out of ly mentioned his 11 year-old grandson working for the city of Cleveland as an Judge Watson accepts the burden that in the house and the girls had no safe place. numerous times and chuckled when his assistant city attorney in 1975. When his juvenile court some rulings simply won’t The girls flourished in custody with food in grandson telephoned to see what his grand- father died in 1981 he returned to be enough. He states those are the cases their stomachs, clean beds under their dad was doing. Oklahoma to be with his mother. He that are difficult to leave at work. “I’ll be at heads and, most importantly, safety and Judge Watson acknowledges he has worked at the Public Defender’s office home and just start thinking about a child.” stability in their lives. always had role models. Both of his parents from November 1981 until June 1983. On the day of this interview, Judge Watson Judge Watson notes, “We as lawyers were teachers. A native of Shawnee, he From 1983-2006 he ran his own law prac- had a hearing in which a boy threw a fit in have an obligation to help people. We can’t graduated from Shawnee High School tice. Judge Watson states he loved working the courtroom. The child kicked over the just take the cases that make money. We before attending Langston University and on his own. He remarks that his time as a podium, cursed, and had to be restrained by have to serve our communities and we have obtaining a BA in history in 1965. After solo practitioner helped him to be a more law enforcement. Judge Watson ordered to be role models so that our young people earning his undergraduate, he moved to understanding judge. Judge Watson notes, the boy to detention. Eventually, the boy know that they can succeed.” Judge Watson Cleveland and tried to walk-on to the “I understand that attorneys may have dif- requested to see Judge Watson. The boy continued, “Kids in gangs don’t expect to Cleveland Browns professional football ficult clients and scheduling conflicts. I tearfully apologized and simply said he live a long life. For a few short years, they team. When he didn’t succeed as a walk- know that sometimes an attorney is going was sad because no one wanted him. Judge sell drugs and break the law to make on, he played some semi-professional foot- to be late for court.” Watson said, “Of course this boy is upset.” money. They have money to buy things and ball and taught 4th and 6th grades. One day Judge Watson is one of the founding Judge Watson says that although the people who ‘care’ for them… all before his mother sent him a letter about a minor- members of the Oklahoma City Black juvenile docket can be demanding it is also they are shot down. They don’t know there ity directed law school program. The Lawyers Association. He has served as an rewarding. Watson recalled a case in which is something different.” Judge Watson Council on the Legal Education adjunct professor at the Langston two sisters were brought before him on recalls making a plea to The Black Lawyers Opportunity (CLEO) was founded as a University School of Business and is a theft charges. He put them on probation but Association during an acceptance speech non-profit project by the ABA Fund for recipient of the Langston University they repeatedly missed court. They were for an award he received several years ago. Justice and Education to expand opportuni- Distinguished Alumni award. He is married skipping school and disregarding his direc- Judge Watson stated, “We must prepare our ties for minority and low-income students to Rita and has one daughter, one grandson tives. He put them in detention but he still younger lawyers to be more. We need new to attend law school. As part of the CLEO and two granddaughters. Judge Watson is couldn’t get their attention. He finally had thoughts. We have to make a difference.” program, Judge Watson earned his JD from looking forward to his next chapter in life: them taken into the custody of the State and Judge Watson’s dedication to children Cleveland State University, Cleveland standing in front of the judge as opposed to they were placed in a shelter. Their mother isn’t just limited to those on his docket. Marshall College of Law. sitting as one. Judge Watson states, he “has was on drugs and selling the family’s food During the interview, Judge Watson loving- Judge Watson began his legal career much more to do.” www.okcbar.org • October 2014 • BRIEFCASE 17 18 BRIEFCASE • October 2014

BAR OBSERVER from PAGE 15 Conner & Winters Announces Sherwood Joins FirsTitle including asset acquisitions and disposi- rate and personal trust. Leadership Team Commercial Services, LLC tions, lease and land use work, and dispute Bryant’s primary practice area involves resolution. Sherman represents numerous commercial banking and litigation for Conner & Winters, LLP, one of the pre- Rebecca Sherwood has joined FirsTitle national, regional and local real estate own- financial institutions, as well as covering a mier full-service law firms in the South Commercial Services, LLC, as president. ers, developers, landlords and tenants. broad range of finance matters generally Central Region of the United States, is Ms. Sherwood has over 30 years experience After graduating from the University of focused on the representation of lenders and pleased to announce the Firm’s newly-elect- in commercial real estate and business Michigan with high distinction, Sherman corporate borrowers. Additionally, he has ed management team. Mark D.Berman, of transactions. Prior to becoming employed obtained his J.D. and M.B.A. from Santa extensive experience in the representation Tulsa, Oklahoma, will assume the role of in the title insurance industry, she was Clara University. He has lectured on of lenders in their commercial real estate President, and his immediate predecessor, engaged in private practice in Oklahoma numerous real estate topics including lease financing transactions across the United Steven W.McGrath, also from Tulsa, will City and Tulsa. She is a graduate of negotiations and enforcement, real estate States. serve as Chairman. Melodie Freeman- Oklahoma State University and the purchase contracts and the Fair Housing Bryant has a long history of work repre- Burney, Tulsa, will serve as the Secretary University of Oklahoma College of Law. Act. senting both rural and metropolitan finan- and Chief Operating Officer, and R. Kevin FirsTitle Commercial offers commercial Sherman has received the highest rating cial institutions. Many cases involved com- Redwine, Tulsa, will become the Chief title and escrow services throughout given by Martindale-Hubbell, is also listed plex loan workouts, restructurings, Financial Officer. Jared D. Giddens, of Oklahoma. Offices are located at 1500 S. in the Bar Register of Pre-Eminent Lawyers receiverships and foreclosures involving oil Oklahoma City, Oklahoma, Randolph L. Utica, Suite 400, Tulsa, OK 74104. and has been recognized numerous times by and gas, transportation and agricultural Jones, of Dallas, Texas, Scott P. Super Lawyers of Oklahoma. Sherman has businesses and related Chapter 11 and Hathaway, Tulsa, and Todd P. Lewis, of Sherman Joins Durbin, served as the Associate Municipal Judge for Chapter 12 bankruptcy proceedings in these Fayetteville, Arkansas, will also serve on the the City of Nichols Hills for over 15 years, areas. He has not only represented creditors Executive Committee. Larimore & Bialick as and he is in his fourth term as a commis- of failed financial institutions, but holding McGrath, who has been listed in The Best Of Counsel sioner at the Oklahoma Real Estate companies of failed institutions as well. Lawyers in America® for 20 years, is a Commission, currently serving as its chair- A member of Beta Gamma Sigma, Phi The law firm of Durbin, Larimore & Fellow of the American College of man. Delta Pi and the Order of the Coif, Bryant Employee Benefits Counsel, and is listed on Bialick P.C. (DLB) is pleased to announce served as a member of the board of direc- Super Lawyers® Steve Sherman has joined the firm as Of the list. He served for over Crowe & Dunlevy Names tors of the Young Lawyers Division of the 6 years as President of the Firm and also for Counsel. Sherman brings over three Oklahoma Bar Association. He was also an many years as its Chief Financial Officer. decades of legal experience to the firm’s Chair of Banking & Financial associate bar examiner for the Oklahoma Berman, who has over 25 years of corpo- real estate and commercial transaction area, Institutions Practice Group Bar Association for six years and is a rate, securities, corporate governance, and complementing its real estate and commer- Master Emeritus in the William J. mergers and acquisitions experience, both cial litigation practice. Crowe & Dunlevy recently named Holloway, Jr. American Inn of Court. as inside counsel and in private practice, for- Sherman has been admitted to practice in Director Gary Bryant as chair of the firm’s Bryant has authored articles on consumer merly served as the Firm’s Chief Financial all state and federal courts in Oklahoma, as Banking & Financial Institutions practice credit and commercial law and is a speaker Officer and is listed in The Best Lawyers in well as the 10th Circuit Court of Appeals, group. Members of this group are recog- for continuing legal education programs in America® and on the Super Lawyers® list. the U.S. Tax Court and U.S. Supreme nized as the top professionals in this field the areas of bankruptcy and commercial Berman is enthusiastic about building on the Court. His practice area is concentrated on and have experience in loan negotiation and Firm’s eighty-one year legacy. real estate and business transactions, documentation, retail banking and corpo- See BAR OBSERVER, PAGE 19 www.okcbar.org • October 2014 • BRIEFCASE 19

BAR OBSERVER from PAGE 18 law. He has been listed in The Best Lawyers The American College of Trial Lawyers Aviation Administration Regulations, FAA Prior to joining Sweet Law, Leffel was a in America since 1989 and Oklahoma Super was founded in 1950 as an organization to Aircraft Registry, and Cape Town shareholder at Oklahoma law firm Fellers Lawyers since 2007. He earned his Juris recognize the very best of the courtroom Convention on International Interests in Snider. For the past 11 years, he gained Doctor with honors from the University of bar. Membership is composed of qualified Mobile Equipment and the Aircraft experience assisting clients with complex Texas and bachelor’s degree with special lawyers from all branches of trial practice. Protocol. business litigation, defending insurers in distinction from the University of They are selected from among advocates Lyons is a 2014 summa cum laude grad- bad faith litigation, defending professionals Oklahoma. who represent plaintiffs or defendants in uate from the Oklahoma City University and medical facilities in professional negli- civil proceedings of all types, as well as School of Law, where she served on the gence cases, and defending manufacturers Melissa Cottle, Anna Imose prosecutors and criminal defense lawyers. articles committee of the Oklahoma City in warranty litigation. University Law Review Leffel has been named a Super Lawyers Join McAfee & Taft The primary constant is that Fellows of the , was a student College must have proven themselves in member of the Ruth Bader Ginsburg Rising Star five times in the practice area of McAfee & Taft has announced the addi- actual trial practice. There is an intensive American Inn of Court, earned 13 CALI commercial litigation, in 2008, 2009, 2010, tion of Melissa J. Cottle and Anna E. vetting process and membership is by invi- awards for academic excellence, and was 2011, and 2012, and in 2013 was named to Super Lawyer Super Lawyers Imose as associates in its Oklahoma City tation only to persons who have distin- active in the Moot Court Society and Phi the list. is a rating service of outstanding lawyers from office. guished themselves in trial practice for at Delta Phi legal fraternity. She also holds a more than 70 practice areas who have Melissa Cottle is a transactional attorney least 15 years and who are recognized lead- bachelor’s degree in accounting from attained a high-degree of peer recognition whose practice encompasses the areas of ers in their local communities. The College Oklahoma State University. and professional achievement. employee benefits and executive compen- looks for lawyers who are considered by Brett Merritt is a corporate lawyer whose He was also selected for inclusion in Best sation, healthcare administrative and regu- other lawyers and judges to be the best in practice encompasses a broad range of Lawyers in America three times in commer- latory law, and general business and com- their states or provinces, lawyers whose complex business and commercial transac- cial litigation, in 2013, 2014 and 2015. mercial transactions. ethical and moral standards are the highest, tions, including mergers and acquisitions, Leffel was raised in Edmond, Oklahoma. The Edmond, Oklahoma native is a 2014 and lawyers who share the intangible qual- divestitures, corporate financing, corporate He attended The University of Oklahoma, graduate from the Oklahoma City ity of collegiality. governance, securities, business formation, where he earned a bachelor’s degree in let- University School of Law, where she The College is the only organization in and partnerships. ters in 1998, and obtained a Juris Doctor served as an articles editor of the Oklahoma which all Justices of the United States Merritt earned his Juris Doctor from the degree with distinction in 2002. While City University Law Review, was a recipi- Supreme, court and all Justices of the University of Oklahoma College of Law, attending law school Leffel served as a law ent of the Emerging Leaders Scholarship, Supreme Court of Canada are honorary where he graduated with highest honors and clerk for Gov. Frank Keating. earned 13 CALI awards for academic members. Fellowship is extended only by was a Comfort Scholar, served as executive Leffel serves on the administrative coun- invitation, after careful investigation, to articles editor of the Oklahoma Law excellence, and worked as both a research cil for Church of the Servant and donates those experienced trial lawyers who have Review assistant and a law library reference assis- , was named to the Order of the Coif his time as an attorney for Oklahoma tant. She also holds a bachelor’s degree in mastered the art of advocacy and whose and the Order of the Barristers. He earned professional careers have been marked by Lawyers for Children. He is vice president international and area studies from the his undergraduate degree from Oklahoma of Historic Preservation, Inc. and has University of Oklahoma. the highest standards of ethical conduct, State University in 2011, graduating cum professionalism, civility and collegiality. served on the Board of Directors for the Prior to entering law school, Cottle laude with a bachelor’s degree in econom- Red Bud Classic. worked as a human resources administrator ics and a minor in international business. Leffel lives in Oklahoma City with his for a physician-owned group of dental clin- Inaugural Law360 400 Ranks wife, Katy, and their two children. ics. Law Firms Based on U.S. Leffel Joins Sweet Law Sweet Law Firm is a boutique defense lit- Anna Imose a trial attorney, whose prac- Attorney Head Count as Partner igation firm with offices in Oklahoma City, tice is focused on general civil litigation, Tulsa and Denver. Please visit including insurance litigation and complex Crowe & Dunlevy has been recognized Lance Leffel has joined Oklahoma City- www.Sweetlawfirm.com for more infor- business litigation. as one of the 400 largest law firms in the based Sweet Law as a partner. mation. Imose earned her Juris Doctor from the U.S. according to legal news service University of Oklahoma College of Law, Law360. Measured by U.S. attorney head where she was named to the Order of the count, the Law360 400 ranks Crowe & Barristers, was a member of the National Dunlevy 320 on the list with 130 U.S. attor- Moot Court Competition Team and the neys and 57 U.S. partners. Black Law Students’ Association, and The firms on the Law360 400 all benefit worked as a research assistant. from the huge demand for U.S. legal servic- While pursuing her law degree, she also es. The market for outside counsel in the served as a law clerk to the Honorable U.S. was a robust $60.2 billion in 2013, David B. Lewis with the Oklahoma Court according to data provided by the BTI of Criminal Appeals, worked at U.S. Consulting Group Inc. District Court Attorney’s Office for the As one of Oklahoma’s most experienced Western District of Oklahoma, and com- and established full-service legal firms and pleted alternative dispute resolution train- recently recognized as one of the 2014 Go- ing through the Oklahoma Supreme Court To Law Firms, Crowe & Dunlevy clients Early Settlement Program to obtain her cer- enjoy access to attorneys in almost 30 prac- tification to perform mediations in tice groups with in-depth expertise who can Oklahoma County, Cleveland County, and provide a comprehensive approach to municipal courts. clients’ legal needs. To create the Law360 400 largest law Oliver Howard Inducted as a firms list, Law360 collected survey data Fellow of the American from hundreds of law firms across the 50 College of Trial Lawyers states and the District of Columbia. Firms based outside the U.S. were not surveyed. GableGotwals attorney Oliver S. Can You Read? Howard has been given the distinct honor Allison Lyons, Brett Merritt There are hundreds of 2nd and 3rd graders who read below grade level and are of being inducted as a Fellow of the Join McAfee & Taft at risk of failing their mandated reading test. The Lawyers for Learning commit- American College of Trial Lawyers. tee has partnered with Oklahoma City Public Schools to assist the students at Lee, Although there are currently almost 5,800 McAfee & Taft has announced the addi- Adams and Rockwood Elementary schools. All three schools are a short drive Fellows across the U.S. and Canada, mem- tion of Allison C. Lyons and Brett P. from downtown OKC. bership can never be more than 1 percent of Merritt as associates in its Oklahoma City the total lawyer population of any state or office. If you are available as little as one hour per month province. Oliver is the sixth member of As a lawyer with the firm’s Aviation to listen to a child read, you can make a difference. GableGotwals to be admitted as a Fellow. Group, Allison Lyons represents clients in Other Firm members include David L. matters of buying, selling, leasing, financ- For more information, or to sign up, you may contact Lori Fagan at Bryant, Sidney G. Dunagan, James M. ing and registration of aircraft, as well as [email protected], or Pam Bennett at the County Bar at Sturdivant, Jack N. Hays (retired) and other matters that fall under the purview of [email protected], or call the Bar office at 236-8421. Charles C. Baker (retired). the Federal Transportation Code, Federal 20 BRIEFCASE • October 2014

Book Notes

By Bill Gorden Republic in the Spanish Civil War. Unfortunately, the multiple acts come across Trieste as almost from different books, but with the Dasa Drndic`, Houghton Mifflin Harcourt, same theme. The individual events are well 2014, Kindle, $14.04 written and with evocative scenes, but the choppiness sometimes sends the reader back Last Train to Paris a few pages trying to remember a precedent for the current scene. The settings are more Michelle Zackheim, Europa editions, believable than Last Train, and one ends up Kindle, $7.99 pulling for the underdogs. The problem is, in this kind of fiction, that we already know Midnight in Europe who wins, both short term and long term. Alan Furst, Random House, Hardback, The best of these three is Trieste. It is also, 251 pages, $27.00 hands down, the hardest to read. This book is but the research shows through. Many of the not only stream of consciousness, but multi- streams everything else comes to a halt until There is a sub-genre which has been small references to clothing, cigarettes, ple streams of consciousness, sometimes the stream passes. Some of these are lengthy. growing over some time in mystery/espi- trains, uniforms, and the “feel” of certain even in the same paragraph. That is not all. They stretch from World War One to the onage mystery circles. This involves setting events are on their face acceptable, but there There are in the book differing streams of present. An agility is required of the reader. the mystery either during or just before is an ungainliness about them. One senses actual historical fact, and for some of those That said, Trieste will engage the most and World War Two, with the action taking place that the story was written, and then, like one remain near the front of your consciousness in or around the Third Reich itself. There is going shopping for the proper wrapping the longest. The people represented are the even the possibility of a murder mystery paper for a gift, the small historical details most human, and the story of the abduction involving the Reich set in the theoretical were sought out to fit the need. There even of a baby into the Aryan baby mills of the SS future, after the victory of the Germans in an unfortunate place where the year the war is frightening enough to pull one into look- WWII, as in Fatherland by Robert Harris. started is gotten wrong. ing at the whole House of Horrors of that Hitler’s Germany is always scary, and it The reporter heroine seems real enough, period. may be said that the addition of constant fear but the underlying mother daughter story The people who experienced World War imposed by the SS and the Gestapo quickens butts heads with the love story, and the Two are now late in their lives, and their heartbeats already troubled by a good mys- emphasis on the “plain but strong woman numbers are fewer. There cannot help but be tery. The challenge is getting the History just reporter” type is overdone. It is as if the unintentional revisions of “fictional history” right, not so boring as to dissuade the aver- author watched too many old movies. since it is being written by younger people age reader, but accurate enough for the Midnight is an espionage mystery. whose personal interaction with the subject WWII buff to accept as plausible. The three Perhaps we should say a multiple espionage is by reference. Nonetheless, if one is to books reviewed have strong and weak spots mystery, for the hero indulges in multiple write a mystery, setting it in a madhouse is here. Last Train is mostly well researched, acts of espionage in support of the Spanish not an unthinkable idea. Happy Halloween.

OLIO from PAGE 4

A.S. on the record, in camera, with only her witness. When the child is unavailable as describing conversations with the allegedly petency, then there must be some assurance mother present. After talking with the child, defined in Title 12 as a witness, such sexually abused children was not admissi- that the child was competent when she the trial court declared her to be available as statement may be admitted only if there is ble where the children were in the court- made the out-of-court statements sought to a witness. However, after a few minutes on corroborative evidence of the act. house and available, but did not testify. be introduced. If A.S. was not a competent the stand, he reversed his position and . . . . In a recent Court of Appeals decision, In witness when she made the out-of-court 12 O.S. 1981 § 2804 (A) defines the Matter of A.D.B. and C.B., 778 P.2d 945 declared her to be unavailable as a witness, statements, these statements should not be apparently concerned about her understand- “unavailability as a witness”. The only situ- (Okla. App. 1989), the trial court found that introduced through hearsay repetition. ing of telling the truth. The consequences of ation under this section that might be con- a minor child was incompetent to testify, his finding of unavailability were that strued to include unavailability as a witness but ruled that the child was not unavailable We are persuaded by this rationale. hearsay testimony of State’s witnesses of a minor child is subsection 4. This sub- as a witness. Therefore any extra-judicial Although the trial court did not err in find- would be admitted as to what A.S. had told section provides a witness is unavailable if statements were inadmissible hearsay under ing A.S. to be unavailable due to incompe- them. he: “is unable to be present or to testify at § 2803.1. The Court of Appeals reversed, tency, it made no specific finding that she The primary thrust of Appellant’s argu- the hearing because of death or then exist- holding her testimonial incompetence under was competent when the out-of-court state- ments on appeal, and the dispositive issue in ing physical or mental illness or infirmity;” subsection 4 above, made her “unavail- ments were made. Accordingly, we reverse this case is the admissibility of blatantly There have been only a few published able”, thus permitting the children’s out-of- and remand for this determination. hearsay statements by A.S. to prove any opinions in this jurisdiction addressing what court statements to be admitted as an excep- A further indicia of reliability, encom- abuse of A.S. was done by Appellant. constitutes unavailability of a minor child to tion to the hearsay rule. It remanded the passed by § 2803.1, is the requirement that Without these statements there is no evi- testify in a sexual abuse action under § case to the trial court with directions to there be corroborative evidence of the act dence that it was Appellant who injured 2803.1. In Matter of W.D., 709 P.2d 1037 determine whether the child was competent before the out-of-court statements may be A.S. If these hearsay statements are admit- (Okla. 1985), the Supreme Court held the at the time the out-of-court statements were admitted. In this case there is evidence from ted to prove the truth of the matter asserted, indicia of reliability set out in § 2803.1 to be made, and to determine whether there was it is certainly a jury question as to their sufficiently determinative of whether the corroborative evidence of the acts described the physician that A.S. had been molested meaning. hearsay statements of a child under ten in the child’s utterances. sexually by someone. However, there must 12 O.S. 1987 Supp. § 2803.1 [87-2803.1] years of age may be placed before the trier Clearly the indicia of reliability set out in be evidence corroborating that Appellant provides: of fact, though there is no confrontation of § 2803.1 must be present before the out-of- was the perpetrator of the act. not only that A. A statement made by a child twelve the declarant-child. The reliability indicia court statements of the child may be admit- the act of abuse took place. State argues the (12) years of age or younger, which assure that the trier of fact has a satisfactory ted as an exception to the hearsay rule. statements made to the physician that her describes any act of sexual contact per- basis upon which to evaluate the probative Citing decisions of several jurisdictions, the “Daddy” hurt her in her vaginal area is suf- formed with or on the child by another, is value of such statements. In that case the Court in A.D.B. emphasized that the crucial ficient corroborative evidence that admissible in criminal and juvenile pro- Court held corroborative evidence was not factor encompassed in the exception is not Appellant was the person who hurt her ceedings in the courts in this state if: required because the child appeared as a the unavailability of the witness, but the there. 1. The court finds, in a hearing con- witness at the adjudication even though unavailability of the child’s testimony. In This is hearsay bootstrapping hearsay ducted outside the presence of the jury, questioned only by the trial judge and not the present case it is not unreasonable to that the time, content and circumstances subject to examination or cross-examina- find a two year old child’s testimony is which is certainly not the intent of the of the statement provide sufficient indicia tion by either counsel. unavailable even though she was present in statute. We hold the statements of the exam- of reliability; and In contrast and under a different set of cir- the courtroom. ining physician were not sufficient corrobo- 2. The child either: cumstances, the Court of Appeals in Matter However, the Court in A.D.B. added a rative evidence of Appellant’s commission a. testifies at the proceedings, or b. is of J.J.J., 741 P.2d 491 (Okla. App. 1987) caveat to its holding. If a court finds a of the act and thus may not be used as a unavailable as defined in Title 12 as a held the testimony of a foster mother child’s in-court statements would lack com- basis for the hearsay exception. www.okcbar.org • October 2014 • BRIEFCASE 21 Answers to Picture Quiz in August issue

By Judge Vicki Robertson (Retired)

A. Ed Abel 1. Bill Paul 2. Bill Sullivan 3. Dave Edmonds 4. David Pomeroy B. Peter Bradford C. George Dahnke D. Dave Edmonds E. Herb Graves

F. Jim Howell 5. Ed Abel 6. George Dahnke 7. Harry Woods 8. Herb Graves G. Ron Howland H. Tim Leonard I. Ken McKinney J. Kent Meyers

K. John Norman 9. Jerry Tubb 10. John Norman 11. Jim Howell 12. Ken McKinney L. Bill Paul M. David Pomeroy N. Reid Robison O. Bill Sullivan

P. Roland Tague 13. Kent Meyers 14. Peter Bradford 15. Ralph Thompson 16. Reid Robison Q. Ralph Thompson R. Rex Travis S. Jerry Tubb T. Harry Woods

17. Rex Travis 18. Roland Tague 19. Ron Howland 20. Tim Leonard “Never criticize a man until you’ve walked a mile in his shoes. Quote That way you are a mile ahead of the MONTH of him and he has no shoes.” ~ Cherokee Indian Proverb (slightly modified) 22 BRIEFCASE • October 2014

Stump Roscoe

By Roscoe X. Pound Dear E.G.: Wouldn’t dream of holding suit and elegantly knotted tie abruptly dents from the school. Instead, we Dear Roscoe: My client accepted a job your Tulsan status against you. In fact, stopped talking at our entrance. Junior attended a makeshift school set up in the which requires he lives in on-site quar- it’s a tribute to Judge Walke and his crew didn’t seem delighted to see me with Orthodox synagogue. My route to school ters in SW Oklahoma for 9 months. He that The Briefcase seems to have gained Ernie in tow. took me past the small Reform syna- reported for work, therapy dog in tow, fame beyond Oklahoma County. And our “Claude Blum,” said Crenshaw, “this is gogue. One morning, I saw that syna- but the foreman said the dog had to go. Board of Editors are such a swell group Mr. Pound. One of the good guys. And gogue burning. I stood among the watch- Doesn’t the Fair Housing Act require of guys and gals I bet they’d let me with him, I’m sorry, I don’t know you, ing crowd. In the street, a large mound of reasonable accommodation even in answer your questions even if you were another of Roscoe’s helpers?” books, prayer books, and talleisim “company town” housing? D.M., from Texas. Of course, they apparently Ernie’s dark eyes turned febrile. “Not burned. Policemen brought out more Edmond, OK won’t list someone from Jersey as a con- exactly.” items from the synagogue to throw on the Dear D.M.: Two firsts. I’ve never tributing editor but that’s another story. “Claude has been bringing us up to fire. A neighbor there told me to go heard the term “company town housing” For those unfamiliar with the term, speed.” home, that this was no place for me. I before but I know a number of places fit- “poor doors” occur in new apartment or I took a seat next to Blum. Ernie told him I was on my way to school and ting that description. I’m giving you fair condominium developments trying to remained standing. he shouted “Go home!” warning I intend to steal that line. Also, cash in on both the subsidized housing Blum said: “I was telling them I grew “We lived above the theatre. Three you’re the first writer that sent me a population as well as those who can up southwest of Nancy. My parents large trucks and several ox carts stood in question that rhymed – at least one that afford to pay market rates. It refers to a owned a small movie theatre. You might the street. The policemen carried out was printable. Perhaps you’re like many second entrance in a building for tenants call it a revival house. My brother joined films and equipment from the theatre as lawyers I know who are also recovering living in units reserved for lower-income the French Army. I was about 12. It was well as items from the jeweler and the English teachers. renters. It has become shorthand for seg- October of 1941. appliance store across the street. Stockel The FHA generally forbids discrimina- regation of people based on how much “My father believed the French could stood there like an orchestra conductor. He directed some items to be placed in tion with respect to “a dwelling.” rent they can pay. Could this possibly defend us against the Germans. Then prove more odious than confining the France fell. We heard that some Jews had one of the trucks. More mundane items “‘Dwelling’ means any building, struc- poor to economically homogenized proj- been deported during the summer. he placed in another. The third, he filled ture, or portion there of which is occu- ects where they can live with “their own Nothing much changed in my village. with furniture and items from our living pied as, or designed or intended for kind?” Op-ed writers and talk radio For Halloween, my father planned a quarters. I thought this just another indig- occupancy as, a residence by one or more gurus tend to disagree. revival of silent horror films: Nosferatu; nity. Then they began loading people into families...”. 42 U.S.C. § 3602(b). While Personally, I see a benefit to mixed- The Golem; Phantom of the Opera, and the ox-carts. Packed beyond capacity, there’s no official definition of “resi- income housing, though not at any price. London After Midnight. My father did they set out for the train station. All of a dence,” case law appears broad enough I also note that the developers receive a more than show films. He collected them, sudden, someone grabbed me about the to encompass “company town housing.” hefty tax break for making units available studied them; wrote essays. waist, covering my mouth with a broad Lauer Farms, Inc. v. Waushara Cnty. Bd. to low income folks. But, they say, it’s just “That Fall, a man came into my town – hand. It was a Christian neighbor who of Adjust., 986 F. Supp. 544 (E.D. Wisc. a door. True, but a back door, an area Joseph Stockel, a businessman from pulled me inside his home. He told me 1997); Villegas v. Sandy Farms, Inc., 929 that, particularly for folks of my genera- Thionville. Many people in business that I should not let myself be captured, F. Supp. 1324 (D. Or. 1996). In the latter tion and older, smacks of other stigmatiz- knew him and loathed them, particularly that the hope that I might escape to safe- case, the court ruled: ing venues such as “servant’s entrance” those in The Arts –the owners of gal- ty would help keep my parents alive. Because the cabins are occupied by and “the back of the bus.” In addition it leries, jewelers, and theatre owners like Later, I learned they would go to the con- farmworkers and their families for is not uncommon for the low income ten- my father. He would offer pittances for centration camp at Drancy. Naïvely I nearly five months of the year, the cab- ants to be shut out from other amenities their business or their wares, and hold thought this would be good as we learned ins are far more than mere places of available to the more affluent residents. them for resale, keeping that which he in May that my brother had been moved temporary sojourn or transient visit... Unfortunately, SCOTUS holds poverty, liked. As France’s defenses crumbled, his there with other Jewish prisoners of war. [D]uring the farmworkers’ employ- as such, is not a suspect class. San manner shifted from importunate to My thoughts were of reunion; not annihi- ment by defendant, the cabins are their Antonio Indep. Sch. District v. threatening. In October of 1941 he came lation. homes. The nature of the workers’ Rodriguez, 411 U.S. 1, 22, 93 S.Ct. 1278, to town not as a businessman but as “My neighbor said I should leave occupancy resembles that of a resident 1290-91, 36 L.Ed.2d 16 (1973); Harris v. Commissioner of Police. town; go west where I might find aid or far more than that of a hotel guest. McRae, 448 U.S. 297, 100 S.Ct. 2671, 65 “He immediately began to cull out even pass as he didn’t think I looked ‘too As to the rest of the problem, I’m not L.Ed.2d 784 (1980). Personally, I find leaders of the Jewish community to make Jewish’. He said the Germans and their sure if you’re on employment discrimina- myself siding more with Jersey’s own Bill examples of them. He closed the theatre toadies were especially keen to eliminate tion ground, FHA ground, or ADA Brennan that where government has an on the grounds that we showed ‘deca- young Jews so that they wouldn’t make ground. Maybe some hybrid. That, and important interest in ensuring the eco- dent’ films. My father spent the night in new Jews. the facts, will determine the merits. If, in nomic security of our poorest citizens, jail. Before they released him, they made “I lived on the road for almost two fact, you are in FHA territory, the “com- both to prevent social unrest, and to him drink castor oil and forced him to years. I was arrested by the Milice fol- pany town” nature of the housing, in and empower participation in the democratic stand on the low stone wall in the square, lowing a raid on what you would call a of itself, won’t torpedo your case. community contemplated by the in front of a pre-assembled crowd. The “safe house” today. Ironically, I ended up Fair housing must be in the air in Constitution. Goldberg v. Kelly, 397 U.S. castor oil worked as intended, but my at Drancy as well. I was able to learn that Oklahoma. Another attorney, from Tulsa 254, 256 (1970). So, unless you’re able to father remained on that wall for hours. my mother died of malnutrition there. no less, wrote the following: wring additional rights out of your own “When he did come home, he called My brother was moved to Malthausen Dear Roscoe: I’m not an OCBA mem- State Constitution, you’re gonna have to me up to the attic floor of our building. and ended up in the death chamber. Of ber, and I don’t mean to besmirch the slug it out in front of Tulsa’s Planning My father was a trained shochet – a my father, I could learn nothing. land of your birth, but it seems to me that and/or zoning boards. kosher butcher. While he never practiced “I too ended up in Malthausen. In the one of the more odious practices making that trade, he had a set of long, sharp quiet hours, when many prayed, I would its way into The Heartland from the East We arrived at Crenshaw’s house knives for that purpose. He feared that if think of my father. I would close my eyes Coast is the introduction of Poor Doors around 3:00 a.m. Crenshaw himself sat the Nazis or their French lapdogs found and project the films we’d enjoyed in housing plans. I’ve seen plans for one dressed in his pajamas and robe. Sylvia them, they would regard them as together against the back of my eyelids. I here in Tulsa, and was shocked to learn sat near him in a kimono-style ensemble, weapons. He dangled me from the became quite good at it. It kept me going, of one actually built and ready for occu- while Junior sat in a T-shirt and gym dormer and I placed the knives, one by along with one other thing. One day I pancy in Dallas. What’s your take? E.G., shorts, a gun near at hand. On the divan, one, into the rain gutter. would find Stockel, and my father’s Tulsa, OK sitting alone, a rail-thin gentleman in a “They then expelled the Jewish stu- films.” “I hate housework. You make the beds, you wash the Quote dishes and six months later you of the MONTH have to start all over again.” ~ Joan Rivers, Comedienne (1933-2014) www.okcbar.org • October 2014 • BRIEFCASE 23 24 BRIEFCASE • October 2014