THE OKLAHOMA PROSECUTOR A publication of The Oklahoma District Attorneys Council • 421 N.W. 13th Street, Oklahoma City, OK 73103 • 405-264-5000 • www.ok.gov/dac
JANUARY—APRIL 2015
The District Attorneys Council shall have the power to perform such functions as in its opinion shall strengthen the Criminal Justice system in Oklahoma, to provide a professional organization for the education, training, and coordination of technical efforts of all state prosecutors and maintain and improve prosecutor efficiency and effectiveness in enforcing the laws of this state. ~ Title 19 O.S. 215.28
From the Desk of SUZANNE MCCLAIN ATWOOD, E XECUTIVE COORDINATOR
Hello, all! It is my great pleasure to you’ve just opened email after preparing sixteen charges, introduce the “rebirth” of our opening files, filing J&S’s and preparing subpoenas, the last publications, the Prosecutor, and its thing you have time for is a lengthy publication from sister publication, the Lineup. You’ll see DAC. So, now the challenge is ensuring what we provide a new look, new content, new delivery is easily accessed, relevant and worth your time. And in methods and a fresh new face. It is our hope this effort will trying to identify that for all 1136 of you in the District At- be useful for you. torney system.
At the District Attorneys Council, one of our duties is to So here’s our plan. At the direction of our governing board, provide you with information. As your liaison to state and we have developed the Prosecutor into a printed publica- federal government, we collect information from you to tion for lawyers which will be published three times each share with policymakers, but we strive as well to provide year. It will contain legal news, information, and scholarly you with useful, timely, relevant information that keeps you articles relating to our profession. To supplement, we will informed and helps you to do your job better. You are on produce the Lineup, an electronic publication in an easy-to- the front lines, seeking justice every day. It is our duty to read format, with hyperlinks so you can review only those assist behind the scenes where we can. items of interest to you. It will feature news, case updates, articles and other information of interest, and will be sent to Having been at the Council more than 20 years, I remember everyone in the District Attorney system. when this publication was typed. Yes, I really said TYPED. On a typewriter. I KNOW. With the advent of It is our hope that these two formats can increase the useful computers, we were able to wordsmith it better, before information finding its way into your in-boxes, both tangi- printing it and promptly mailing to each of you. Then the ble and electronic, while decreasing the mass of emails you internet and email arrived, and suddenly, I thought, “Wow, receive. This is a work in progress, so please share your my job just got a whole lot easier!” Now I can share all comments. sorts of information – quickly. As always, I remain grateful for each and every one of you, That is true. All sorts of information is there, ready for the seeking justice. Your jobs are often thankless. You often sharing. The problem? It’s so much, it can be information stare evil in the face, never batting an eye. You seek justice, overload. When you’ve just run in to your desk for a quick whether that means seeking the death penalty, offering re- 15 minutes after a full day of court, or you’ve just habilitation or dismissing a case due to insufficient evi- completed a complex investigation on a conspiracy to dence. I admire you for your dedication, and thank you for deliver drugs, or you’ve just sat down after guiding keeping us safe. witnesses and victims through a particularly trying day, or
UPCOMING EVENTS AND TRAINING
APRIL MAY JUNE
Prosecutor Boot Camp Child Support Annual Oklahoma Victims Assistant Conference Academy April 29—May 1 Wes Watkins Center - Stillwater May 27—29 June 21-26 Prosecutors Norman Postal Training Center UCO, Edmond IV-D attorneys and staff Victim Advocates
ANNUAL SUMMER CONFERENCE July 21– 24, Hard Rock Hotel, Tulsa
2 THE DISTRICT ATTORNE YS C O U N C I L
CONTENTS 2015 DISTRICT ATTORNEYS COUNCIL MEMBERS NEW DISTRICT ATTORNEYS TAKE OATH OF OFFICE 4
CHRIS ROSS SUZANNE BREEDLOVE HONORED 4 Chair District 22 Ada, OK MEET YOUR DISTRICT ATTORNEYS 5
IN MEMORIUM 14 MIKE BORING Vice Chair BENEFITS OF COORDINATED RESPONSE TO SEXUAL 15 District 1 VIOLENCE Guymon, OK
MENTAL ILLNESS VS. MALINGERING 16
DAVID PRATER Member District 7 The [prosecutor] is the representative not of an ordinary Oklahoma City, OK party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but JOHN WAMPLER that justice shall be done. As such, he is in a peculiar and Member very definite sense the servant of the law, the twofold aim District 3 of which is that guilt shall not escape or innocence Altus, OK suffer. He may prosecute with earnestness and vigor – indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every SCOTT PRUITT legitimate means to bring about a just one. Member Attorney General Berger v. U.S., 295 U.S. 78, 88 (1935) Broken Arrow, OK
Did you know? The Oklahoma Prosecutor has a sidekick called The Lineup. If you’d like to receive the Lineup—a succinct monthly email follow-up to the Prosecutor—please email [email protected].
This publication is issued by the District Attorneys Council as authorized by 65 O.S. § 3-113.2(2). 350 copies have been prepared and distributed at a cost of $1,695.08. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Depart- ment of Libraries pursuant to 74 O.S. § 31-5(B). THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 3
DISTRICT ATTORNEYS TAKE OATH OF OFFICE
Seven newly elected District Attorneys joined 20 returning District Attorneys this term, as they were sworn into office at a ceremony scheduled January 5, 2015. Presiding at the ceremony was Chief Judge David Lewis, Oklahoma Court of Criminal Appeals.
In the photo above, pictured left to right: John Wampler, Kevin Buchanan, Chris Ross, Emily Redman, Mark Matloff, Jason Hicks, David Prater, Richard Smothermon, Angela Marsee, Laura Austin Thomas, Judge David Lewis, Craig Ladd, Rob Barris, Max Cook, Brian Kuester, Mike Fields, Mike Boring, Brian Hermanson, Rex Duncan, Matt Ballard, Kenny Wright, Steve Kunzweiler, Orvil Loge, Jeff Smith, Farley Ward, Greg Mashburn and Chris Boring. Not pictured: Fred Smith.
BREEDLOVE RECOGNIZED WITH NATIONAL HONOR
Suzanne Breedlove, Director of Victim Services at the District Attorneys Council, has been selected to receive the Ronald Wilson Reagan Public Policy Award. This award, first announced during the 2005 National Crime Victims’ Rights Week Awards Ceremony, honors those whose leadership, vision, and innovation have led to significant changes in public policy and practice that benefit crime victims. The award is one of 11 given by the Department of Justice in different categories during National Crime Victims’ Rights Week. It will be presented during a ceremony in Washington, D.C. April 21, 2015.
The public policy changes instituted by Suzanne, inspired former District Attorney Dianne Barker Harrold, to nominate her for this honor. Three years ago, Suzanne developed a grant proposal to fund much-needed outreach to Indian Country. The project was funded and has become a model for the nation.
Suzanne, who serves as Director of the District Attorneys Council’s Victim Services Division, has spent more than 30 years in victim services. Her passion and dedication to serve has benefited so very many throughout our state, and nationwide. We are proud to recognize and thank her for her continued dedication.
4 THE DISTRICT ATTORNE YS C O U N C I L
Meet Your District Attorneys
DISTRICT 1 enthusiasts. the prosecution of violent felony MIKE BORING crimes, primarily crimes against Boring is serving his fourth term in women and children, in multiple office as District Attorney. His counties within the district. After administration has been marked by graduation from Oklahoma State many significant changes in the University with a B.S. in Journalism operations of the district attorney’s and Broadcasting, she obtained her office from the previous J.D. from the University of administration. All services provided Oklahoma. In 1997, Marsee began by the district attorney have been her career as an Assistant District greatly expanded and new services Attorney in the Juvenile Division of Beaver, Cimarron, have been added. the Oklahoma County District Attorney’s Office and was assigned Harper and Texas Boring has served as a Board to the Criminal Division, initially Member for the Oklahoma District prosecuting general felonies and James M. (Mike) Boring was Attorneys Association beginning in later transferring to the Domestic 2005. He served in that capacity elected District Attorney for District Violence and Special Victims’ Units. One beginning January 3, 2003. until being elected as the President District One covers four counties Elect in July, 2014. He serves as Community involvement has been including Cimarron, Texas, and Vice Chair of the District Attorneys important to Marsee, and she serves Beaver Counties in the Oklahoma Council. He was chosen to represent on the boards of Multi-County Panhandle, and Harper County. the District Attorneys of Oklahoma Youth Services, Weatherford Rotary on the Justice Assistance Grant Club and Clinton Arts Council. She Boring has been a life long resident Board in 2007, and served on that is currently Vice President of P.E.O. of Texas County located in the board through 2013. Boring was Chapter GE and has served as center of the Panhandle. He appointed by Governor Mary Fallin President of the Custer County Bar graduated from Guymon High to serve on the OSBI Commission in Association. She is active with the School in 1968. After attending 2013 and is currently serving in that Custer/Washita Counties Child Central State University, Boring capacity. Protection Team, Domestic Violence graduated from Panhandle State DISTRICT 2 Task Force and Coordinated University in 1973. He received his Community Response Team. Juris Doctorate in law from ANGELA MARSEE Oklahoma City University and Her accomplishments include being became a member of the Oklahoma a 2014 graduate of Leadership Bar Association in 1976. While at Oklahoma, Class XXVII, the 2012 OCU, Boring served as a recipient of the Julia Levy Youth representative on the law school Advocate Award and a 2009 Board of Governors, and served as graduate of Leadership Weatherford. Chairman of Board of Governors his In 2014 Marsee garnered three senior year of 1975-76. additional outstanding awards, being recognized with the “Distinguished Upon graduation from law school, Beckham, Custer, Ellis, Roger Mills and Washita Service Award for Excellence in Boring and his wife, Christine, Service to Victims and Survivors of moved back to Guymon where he Violence Against Women,” the was engaged in the private practice On January 5, 2015, Angela Marsee “Award for Excellence in Action of law from 1976 to 2003. Boring was sworn in as District Attorney for Against Domestic Violence,” and the has three sons, Rusty, Austin, and the Second District. She previously “Mitch Sperry Award for Chris. While his sons were growing served as Assistant District Attorney Outstanding Prosecutor.” up, Boring was very active in in that district since 2007 when she Marsee and her artist husband Bobby coaching and heavily involved with moved home to Western Oklahoma. live in Weatherford with their rescue Kids, Inc. for 18 years. Boring and Her responsibilities have included his boys are avid sports and outdoor dog “Remi.”
THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 5
Wampler served as the Municipal DISTRICT 3 Judge for the City of Altus for over DISTRICT 4 JOHN WAMPLER eleven years, also serving as MIKE FIELDS Municipal Judge for Hollis and City Attorney for the Town of Blair. He also served a term on the Duke Town Board. His civic service has included serving on the Jackson County United Way Board of Directors, Jackson County Red Cross Board of Directors, Altus Jaycees, Duke and Altus
Chambers of Commerce, Jackson Greer, Harmon, Jackson, County Bar Association and the Blaine, Canadian, Garfield, Kiowa and Tillman Oklahoma Bar Association. He has Grant and Kingfisher served as President of the Duke Chamber of Commerce, Duke Alumni John M. Wampler serves as the Mike Fields graduated from high Association and the Jackson County District Attorney for the Third school in 1990 and attended the Bar Association. Judicial District which is made up of University of Oklahoma where he Jackson, Kiowa, Greer, Harmon and Since becoming District Attorney, played football for four years, earning Tillman counties. Wampler was first the Jay Meyers Award for the top elected to the position in 1990 and has Wampler has been chosen by his fellow prosecutors to serve three freshman student athlete, Academic been reelected six times without All-Big Eight selection, and the Big opposition. He is currently serving his terms as President of the Oklahoma District Attorneys Association and Eight Medal Award as one of the 25th year as District Attorney. Chairman of the Oklahoma District conference’s outstanding senior student athletes. He graduated with Wampler, age 61, was born in Altus Attorneys Council. He serves on the honors in 1994 with a degree in and raised in the Duke community Board of Directors for the National Political Science and went on to where he has lived all his life. Five District Attorneys Association and graduate OU law school in 1997. generations of his family have made previously served on the Oklahoma Sentencing Commission. In 2009, he Southwest Oklahoma their home. His Fields became an Assistant District was named “Prosecutor of the Year” parents, the late Wilbur and Lillian Attorney immediately upon by the Texas and Southwestern Cattle Wampler, were in the grocery graduation from law school. He won Raisers Association. business in Duke for many years. his first election as District Attorney After graduating from Duke High in 2010 and was re-elected in 2014. School in 1971, Wampler attended In 1999, Wampler married Kendi Brown of Wichita Falls, Texas, and He has prosecuted all types of Southwestern Oklahoma State criminal cases from misdemeanors to University in Weatherford where he they make their home in Duke where they also enjoy a small farm and death penalty murder cases. He has graduated in 1974 with a B.A. degree successfully prosecuted hundreds and in Political Science. That fall, he ranch operation. They have four sons; Scott and his wife Tasha, Chris, hundreds of cases including many entered the University of Oklahoma jury trials. Fields was instrumental in College of Law and graduated with a Konnor, Cameron and three grandchildren, Grace, Sadie and the design and development of the Juris Doctor degree in 1977. Landon. nation’s first multi-jurisdictional juvenile drug court, as well as the While attending the OU College of development of the adult drug courts Law, Wampler was employed on the The Wamplers are members of the staff of Governor David L. Boren Duke First Baptist Church. John has in District 4. until completing law school when he served his church as Sunday School Teacher, Sunday School Director, RA He was named Oklahoma’s best drug returned to Altus and entered the prosecutor in 2004 by a statewide private practice of law. He practiced Leader and as a Deacon. He also served a term on the State Board of association of law enforcement law for the next thirteen years with officers, and Oklahoma’s best the late Bob Scarbrough until Trustees of the Oklahoma Baptist General Convention. prosecutor in 2008 by the Oklahoma deciding to run for District Attorney. District Attorneys Association. He
6 THE DISTRICT ATTORNE YS C O U N C I L
was appointed by Governor Mary DISTRICT 6 County Sheriff’s Office as a Deputy Fallin to the OSBI Commission in JASON HICKS Sheriff. At the age of 20, Prater 2011. He serves on the board of became the youngest cadet ever to directors of the Oklahoma District graduate from the Norman Police Attorneys Association. Fields is a Academy. During his time with the member of Emmanuel Baptist Church, NPD, he was a dedicated and respected Enid. He has served on the board of Master Police Officer. In addition to directors at several youth services his patrol duties, he was a member agencies. He has been a rotary club NPD’s Tactical Unit, Underwater member since 1999, past president of Rescue and Recovery Team and the Enid club, and Paul Harris Fellow. Norman Police Department’s Pistol
Fields also coaches little league Team. Additionally, he was Caddo, Grady, football. responsible for training other officers Jefferson and Stephens in patrol techniques, firearms, and Fields and his wife Jennifer have two Emergency Vehicle Operations and children, Hudson, age 13, and Ryan Jason Hicks is a Grady County native. was awarded more than 20 Grace, age 8. His father, Ed Hicks, owned and commendations from Norman’s Chief of Police. operated well-known Eduardo’s Restaurant in Chickasha. Hicks In 1988, Prater left the police DISTRICT 5 graduated from Chickasha High department to complete his Law FRED SMITH School and Cameron University before Enforcement Administration Degree earning his law degree from the from the University of Oklahoma. In University of Oklahoma. 1991, he began law school at the He was elected to the office of District University of Oklahoma, graduating in Attorney in 2010, and re-elected in just two and a half years. From 1993 2014. Hicks previously served District until 2001, he served Oklahoma 6 for three years as an Assistant County and the state as an Assistant District Attorney, handling both District Attorney under Bob Macy and misdemeanors and felonies, and was as an Assistant Attorney General, in
formerly a family law attorney with the the Grand Jury Unit, under Attorney Comanche and Cotton Ellis, Buckholts, and Hicks law firm in General Drew Edmondson. Duncan. Prater was elected District Attorney of Fred Smith graduated from Oklahoma Oklahoma County in 2006, and was State University in 1976. While Hicks and his wife, Marla, have been reelected in 2010 and 2014. working as a Juvenile Probation married 16 years. They have three Officer with the Comanche County children. Juvenile Bureau, he began attending DISTRICT 8 Oklahoma City University School of DISTRICT 7 BRIAN HERMANSON Law at night. He drove from Lawton to DAVID PRATER Oklahoma City four nights a week for 3 ½ years, graduating in 1982. During this time, as soon as possible, he went to work as a Licensed Legal Intern for the District Attorney’s Office.
After passing the Bar, Smith was in private practice until 1986 when newly elected District Attorney, Robert Schulte, asked him to re-join the office Kay and Noble as First Assistant District Attorney. He Oklahoma served in that position for 22 years Brian T. Hermanson serves as the before being appointed District David Prater began his law District Attorney for the Eighth Attorney by Governor Brad Henry. He Judicial District. Hermanson was first was elected to the office in 2010 and enforcement career at 19 years of age when he was hired by the Cleveland elected to the position in 2010 and was reelected 2014. re-elected in 2014. Hermanson was
7 THE DISTRICT ATTORNE YS C O U N C I L
born in Milwaukee, Wisconsin and Awards, as Governor of the 10th DISTRICT 9 grew up in Green Bay during the Circuit of the Law Student Division, LAURA AUSTIN THOMAS Lombardi years. While at Green Bay Chair of many committees and served East Jr. High School, he was selected two terms on the Leadership Council District Attorney for the day and of the General Practice Section. spent a day working in the Brown County District Attorney’s Office. In the OBA he served as President of He attended college at Carroll the Young Lawyers Division, Chair College, graduating in 1975 with of the Lawyer Referral Service, Long- majors in Political Science and Range Planning Committee, History and a minor in Business. He Committee on Unified Bars, and then went to the University of served as Chair of the General Logan and Payne Oklahoma – College of Law where he Practice Section, Litigation Section, graduated with a Juris Doctorate Law Practice Management and Tech degree in 1978. While in law school, Section and the Criminal Law Laura Austin Thomas received her he served as Student Bar Association Section. He also served on the Board Bachelor of Arts in Psychology in President and was a member of the of Editors of the OBA. Hermanson 1979, and her Master of Science in National Moot Court Team. served three terms on the OBA Board Corrections with an emphasis in of Governors and was elected the Treatment and Administration and While attending law school, OBA Vice President in 1988. Juvenile Delinquency in 1981, both Hermanson was employed at the Hermanson also served as President from Oklahoma State University. She Municipal Attorney’s Office in of the Oklahoma Bar Foundation; received her Juris Doctorate from the Oklahoma City for one year and President of the Oklahoma Criminal University of Oklahoma in 1984. She another in Preston Trimble’s District Defense Association, President of the has been a prosecutor for 30 years. Attorney’s Office in Cleveland Oklahoma Chapter of the American After interning in Cleveland County County. After law school he went to Board of Trial Advocates and for the for a year, she began as an Assistant Ponca City where he joined the firm last twenty years has served on the DA in Comanche County. In early of Phipps, Johnson, Holmes and Oklahoma Court of Criminal Appeals 1987, she began her duties as a Hermanson. In 1987 Hermanson Committee for Uniform Jury prosecutor for Logan County went out on his own in solo practice Instructions. prosecuting criminal cases as well as where he remained until he became juvenile deprived and delinquent Hermanson currently serves as Chair District Attorney. From 1999 until cases. 2004, he served as Lead Counsel in of the Technology Committee of the the defense team defending Terry District Attorneys Council and as In 2013, she received the prestigious Lynn Nichols in the State trial of the Chair of the Benevolence Committee Attorney of the Year Award, Oklahoma City Bombing case. and the Board of Directors of the presented by the Oklahoma Child Oklahoma District Attorneys Support Enforcement Association, for Hermanson has been active in the Association. recognition as an effective advocate civic and Bar service. He has served for child support programs throughout In 1981 Hermanson married Ruslyn as Chair of the Ponca City YMCA, the state. Rotary, Community Christian Church Evans of Red Rock, Oklahoma, and Board of Directors, Ponca Playhouse they make their home in Ponca City Thomas is a 2006 graduate of Community Theater, Kay County where they raise horses. They have Leadership Stillwater class of XVII, a Council for Challenged Citizens, Kay two daughters; Brianna, who lives in member of the First Presbyterian County Chapter of the American Red Massachusetts and Charlcy, who Church of Stillwater where she has Cross, Roosevelt PTA, Arts works for District Attorney Rex served as an Elder and a Trustee. She Adventure, Gifted and Talented Duncan in Pawhuska, Oklahoma. has also been actively involved for Parent Advisory Board, Instrumental the past 15 years with the YMCA, Hermanson and his family are Music Parents Association, Kay Club, and Stillwater High School members of Community Christian County Republican Party and the Kay swim teams as a volunteer parent. Church where Brian has served his County Bar Association. Hermanson Laura has been married to George church as Sunday School Teacher, has been very active with both the Thomas, a wildlife biologist for the Elder, Trustee and Chair of the Board. American Bar Association and the Bureau of Land Management, for 26 Oklahoma Bar Association. In the years. Together they have three ABA he served as Chair of the daughters: Michelle, Darci, and Standing Committee on Gavel Alexx.
8 THE DISTRICT ATTORNE YS C O U N C I L
DISTRICT 10 DISTRICT 11 DISTRICT 12 REX DUNCAN KEVIN BUCHANAN MATTHEW BALLARD
Osage and Pawnee Nowata and Washington Craig, Mayes and Rogers
Rex Duncan enlisted in the Kevin D. Buchanan was born in Matt Ballard grew up in Oologah and Oklahoma Army National Guard at Stillwater, Oklahoma in 1959. He graduated from Claremore High 17, during his junior year at Perry attended and graduated from C.E. School in 1995. He attended OU on a High School. He served as an Donart High School in Stillwater in National Merit Scholarship and enlisted infantryman, infantry officer 1977 and received his B.S. in graduated summa cum laude in and Special Forces officer. In 1994, Business Administration from 1999. While in law school at OU, Duncan graduated from the U.S. Oklahoma State University in 1981. Ballard interned for the Oklahoma Army John F. Kennedy Special Buchanan attended the University of County District Attorney’s Warfare Center and School at Ft. Tulsa College of Law and obtained office. After graduation, Ballard Bragg, North Carolina, where he his J.D. in 1984. While in law school, worked as an Assistant DA until earned the Green Beret. In 2002- Buchanan began working for the firm 2006, when his first daughter was 2003, Rex deployed with the Special of Garrison, Brown, and Carlson in born and he and his wife moved back Operations Command-Central Bartlesville in 1982. to Claremore to be closer to family. (SOCCENT) to the Middle East and Horn of Africa. Duncan was Upon graduation, he moved to Ballard began his career as a promoted to colonel in 2009, and Bartlesville and joined the firm and prosecutor in the juvenile division, from 2011-2012 commanded an later became a partner. He remained before moving on to prosecuting Oklahoma National Guard senior with the firm for 26 years until being major felonies and homicides. combat advisor team in Afghanistan. elected District Attorney of District During his last year in the Oklahoma In 2013, he retired after 34 years of 11 in 2010. While in private practice, County DA’s office, Ballard was service. His awards and decorations Buchanan handled all types of named to the prestigious Special include the Legion of Merit, Bronze litigation, but always considered Victims’ Unit, where he was Star Medal, Special Forces Tab, criminal law his favorite. Along with responsible for prosecuting sex Ranger Tab and Master Parachutist his partner, Alan Carlson, Buchanan crimes, crimes against children and Badge. filed the Writs that led to the homicides. Oklahoma Court of Criminal Appeals Duncan is a 1988 graduate of OCU decision in Allen v. District Court, Ballard is active in the community Law School. He was elected to the and the Legislature's adoption of the and currently sits on the Board of Oklahoma House of Representatives Criminal Discovery Code. Buchanan Directors for Rogers County Youth in 2004, and served as the House has also argued before the Tenth Services, where he served as Judiciary Committee Chairman from Circuit Court of Appeals, the president-elect in 2010 and president 2006-2010. In 2008, Duncan Oklahoma State Supreme Court, and in 2011. Ballard also serves on the received his Master’s Degree in the Oklahoma Court of Criminal Board of Directors for Rogers County Strategic Studies from the U.S. Army Appeals. Work Training Center, a non-profit War College. division of Home of Hope. In 2012, Buchanan and his wife, Mary Beth, Ballard completed the Claremore Duncan was elected District Attorney have two daughters, Brittany, 27 and Citizens Police Academy and is an in 2010 and was reelected without Kelsey, 25. Outside the office, alumni member. opposition in 2014. He and his Buchanan’s free time is spent family live in Osage County. hunting, cooking and performing “do Ballard and his wife, Traci, were it yourself” projects of every nature. married in 2002 and have three children. The family attends church at the First United Methodist Church in Claremore.
9 THE DISTRICT ATTORNE YS C O U N C I L
DISTRICT 13 DISTRICT 14 DISTRICT 15 KENNY WRIGHT STEVE KUNZWEILER ORVIL LOGE
Delaware and Ottawa Tulsa Muskogee
In 2008 Kenny Wright joined the Steve Kunzweiler is a 25-year career Orvil Loge lives in Muskogee with District Attorney’s Office as an prosecutor whose number one priority his wife, Misti. They have nine Assistant District Attorney. His is public safety and the prosecution of children and two grandchildren. He is responsibilities have included the violent criminals. He has sent a dedicated member of the prosecution of all types of crimes hundreds of dangerous criminals to community, having practiced law focusing on major violent crimes and prison for murder, armed robbery, locally for 20 years before being narcotics. He is a member of the child abuse, rape and other violent elected to serve as Muskogee County Oklahoma Association of Narcotics crimes as an Assistant District District Attorney in 2014. From Enforcers and was Region II Attorney. He has a passion for coaching youth sports, to being a Prosecutor of the Year in 2010-2011. prosecution of crimes against children member of the Masonic Lodge, to Wright earned his B.B.A. and J.D. and will focus on early intervention to worshipping at New Community from the University of Oklahoma. He reduce child abuse and juvenile Church, Loge aspires to adhere to the worked briefly for a law firm in delinquency. highest standards as District Attorney. Northeast Oklahoma before starting his own firm with his wife Christy in Kunzweiler is a strong defender of Jay, where he practiced criminal victims’ rights. He developed the DISTRICT 16 defense for almost 12 years before DA’s program providing therapy dogs JEFFREY SMITH joining the District Attorney’s Office. to comfort child abuse victims and He successfully sought election to the accompany them to court. He office of District Attorney in 2014. established a no-tolerance protocol for drunk drivers whose actions injure Wright serves on the Parish Council or kill others. He also implemented a at St. Elizabeth Catholic Church in policy in the DA’s office prescribing Grove and is also a Eucharistic Lay mandatory prison time for felons Minister, a CCD Instructor for 7th using firearms. and 8th grade children, and an He serves on the Governor’s Impaired Instructor for RCIA. He is also a Latimer and LeFlore member of Leadership Oklahoma, Driving Prevention Advisory Council,
Class XXVIII. He has served as a the board of the Victims Impact member and clerk of the Grove Public Panel, and the state Attorney Jeff Smith has had the privilege of Schools Board of Education and as General’s Task Force to Combat serving as District Attorney of treasurer of the Grand Lake Arts and Human Trafficking. District 16 since January, 2007. He Humanities Council. While at the received a B.S in Education from University of Oklahoma, Wright was Kunzweiler has been married 26 years Miami University in Ohio in 1981 a member of the RUF/NEKS, the to Tulsa Veterinarian Dr. Christine and a J.D. from the University of oldest male spirit organization in the Kunzweiler and they have three Tulsa School of Law in 1984. An daughters. Steve and his family are country. attorney for 29 years, Smith has spent members of Christ the King Parish, most of his career in the practice of Wright is married to Christy and they Catholic Church in Tulsa. criminal law, but finds that the most have two sons, Kenny and Lincoln, rewarding work that he has done has ages 14 and 12. He enjoys many Kunzweiler graduated with a Juris Doctorate from the University of been representing the citizens of his hobbies including sports, camping district as both an Assistant District Tulsa School of Law in 1988. and hiking, and board games. Attorney and District Attorney.
10 THE DISTRICT ATTORNE YS C O U N C I L
Smith has served on the Oklahoma While obtaining a Business District Attorney, Mark Campbell. Domestic Violence Fatality Review Administration degree at Oklahoma Governor Brad Henry appointed Board as the DAC representative State University, Farley Ward Redman to the position of District since July, 2007. He was honored by married Machelle Casto of Cashion, Attorney on October 7, 2005. In 2006, his peers in 2012 as the recipient of Oklahoma in 1976 and went on to 2010, and 2014, Redman was elected the ODAA’s David Moss Memorial graduate from the University of to serve as District Attorney. Award as Outstanding District Oklahoma College of Law in 1980. Attorney. During her career, Redman has Ward began his law career with John prosecuted a wide range of cases, Smith serves as board president for Norman Law Firm in Oklahoma City with a special emphasis on violent LeFlore County Youth Services, Inc., before moving back home to Stigler, crimes, including crimes against as well as several other local boards. Oklahoma and starting a private children. He is the president of the Eastern practice. He soon took the job of Oklahoma Gideon Camp and a Assistant District Attorney, serving Redman currently serves on the Sunday School teacher at Southside nearly 13 years. In 1997, he and his Coordinated Community Response Baptist Church in Poteau. family moved to Poteau where he Team for the investigation and continued prosecuting as First prosecution of domestic violence; she He and his wife Sherri have 4 Assistant DA and Director of the teaches legal classes to potential law children, Tyler, Devin, Lacy and District 16 Drug Task Force. enforcement officers and has served Katy. as an officer for the Bryan County Before being elected to the office of Peace Officers Association and is a
District Attorney, Ward served as an member of the Bryan and Oklahoma DISTRICT 17 Assistant District Attorney of Bar Associations. In addition to her MARK MATLOFF Muskogee County. While he professional responsibilities, Redman maintains a ranch and small cattle is active in the community, serving on herd near Tamaha in Haskell county, several boards and committees. he and his family live in McAlester. She currently resides in Durant with Ward and Machelle are the parents of her husband, John Redman, a Rural six children: John, Erin, Daniel, Development Specialist for the U.S. Alyssa, Robert and Stephanie. Department of Agriculture, and their two sons, A.J. and Walker.
Choctaw, McCurtain and DISTRICT 19 Pushmataha EMILY REDMAN DISTRICT 20 CRAIG LADD Mark Matloff was elected in 2009 to serve as District Attorney for District 17. Originally from Enid, he served as an Assistant District Attorney for 5 years before being elected. Matloff and his wife, Kathryn, have one son.
DISTRICT 18 Atoka, Bryan and Coal FARLEY WARD Carter, Johnson, Love, Emily Redman joined the District Marshall and Murray Attorney's Office in 1992 as a law clerk while she was a student at the Craig Ladd graduated from Texas University of Oklahoma School of Tech University in 1993 with a Law. In 1994, Redman became an Bachelor’s Degree in English and OU Assistant District Attorney and made College of Law in 1996 with a Juris the decision to become a career Doctorate. Shortly after graduation, prosecutor. In 2003, Redman was Ladd took a position as Assistant appointed First Assistant by former District Attorney in Carter County. Haskell and Pittsburg
11 THE DISTRICT ATTORNE YS C O U N C I L
During his time as Assistant District DISTRICT 21 Mashburn is a member of Alameda Attorney, he served as first chair for GREG MASHBURN Church of Christ and also a member the State of Oklahoma in more than of Norman Legacy Rotary. 50 felony jury trials. After serving
9½ years as an Assistant District Attorney in Carter County, Ladd was DISTRICT 22 appointed to the position of District CHRIS ROSS Attorney for the 20th District in February of 2006 following the death of his predecessor and friend, Mitch Sperry. District 20 includes the five counties of Carter, Johnston, Love, Cleveland, Garvin and McClain Marshall, and Murray.
During his nine years as District Greg Mashburn graduated from Attorney, he has served as first chair Idabel High School in 1990. He for the State of Oklahoma in more attended Harding University in Hughes, Pontotoc and Seminole than 25 felony jury trials. Throughout Arkansas on a football scholarship, his entire time as a criminal graduating in 1995. He then obtained prosecutor, Ladd has represented the his Juris Doctorate from the Chris Ross graduated from the State in more than 75 felony jury University of Oklahoma School of University of Oklahoma College of trials, obtaining guilty verdicts in Law in 1998. Law in 1982. He began working as more than 95% of the cases in which an Assistant District Attorney upon he served as first chair. These trials Mashburn spent a decade learning to graduation, serving in Comanche involved crimes such as murder, incarcerate criminals as an Assistant County until he left in 1983 to manslaughter, rape, lewd acts with District Attorney in Oklahoma become an assistant in Pontotoc children, robbery, methamphetamine County. There he built an impressive County. He served in that position manufacturing, trafficking of drugs, record, becoming a Division Chief until he was appointed District and distribution of drugs. He has also just six years after he began his Attorney January 1, 2008. successfully argued and prevailed career. Since his first term in 2007, during his two appearances before the Mashburn has re-organized the office As an assistant, he was the supervisor Oklahoma Court of Criminal Appeals. to better manage cases and ensure of the Narcotics and Violent Crime victims are properly cared for in the Task Force. He served as the Drug Ladd and his wife, Meredith, have criminal justice system. In 2008, Court Prosecutor for Pontotoc been married for over 17 years and after just one year in office., County, which was twice named the have three sons: Chandler, Alec, and Mashburn was named Outstanding state’s Outstanding Drug Court. Ross Collin. Meredith is an occupational District Attorney for the State of prosecuted all narcotics cases, sex therapist by profession and has been Oklahoma. In addition, his office and crimes, crimes against children, and the Rehab Director for Mercy staff have received statewide awards homicides that occurred in Pontotoc Hospital in Ardmore for the past 10 and recognition for their excellence. County from 1989 until 2008. He has years. Craig and his family are active Mashburn was reelected in 2010 and prosecuted 49 homicide cases to members of the First United 2014. completion. Methodist Church in Ardmore. He and Meredith have served, and He has held leadership positions in In 2004 he was named Outstanding continue to serve, on numerous statewide organizations, serving as ADA for the State of Oklahoma, in boards in Ardmore. Craig is very President of the Oklahoma District 2008 he was awarded the Oklahoma much devoted to Meredith and their Attorneys Association and Chair of State Bureau of Investigation’s three sons. He spends his spare time the District Attorneys Council. He Award for Law Enforcement, and in involved in family activities, continues to serve on the three person 2009 he was named Outstanding D.A. traveling, exercising, and following executive committee for the ODAA for the State of Oklahoma. OU football as well as Thunder Board. Ross is a frequent presenter for the basketball. Mashburn began his third term as Oklahoma District Attorneys District Attorney in January of 2015. Association, and was one of a handful For the past 19 years, he and his of prosecutors from across the family have lived in Norman. country asked by the FBI to participate in writing a manual for the
12 THE DISTRICT ATTORNE YS C O U N C I L investigation and prosecution of “no Appointee to the Oklahoma Assistant District Attorney in January body” murder cases. Commission on Children and Youth. 1987. He worked as Chief of Multicounty Grand Jury Unit for the
Attorney General’s Office under DISTRICT 23 DISTRICT 24 Drew Edmondson from January 1997 RICHARD SMOTHERMON MAX COOK to December 21 1998. In January 1999, Barris returned to District 25 as First Assistant. He ran unopposed in 2010 and again in 2014.
Barris has tried about 250 jury cases, ranging from capital murder to DUI. Barris was named Outstanding Assistant District Attorney in 1989 and again in 2003 by ODAA. Lincoln and Pottawatomie Creek and Okfuskee He and his wife of 32 years, Holly, live in Okmulgee and have a Richard Smothermon began his legal Max Cook was first appointed to the daughter, Jennifer, and a son Tyler career by serving four years in the office of District Attorney by who passed away May 2, 2002. They Oklahoma County District Attorney’s Governor Frank Keating in attend the First Baptist Church of office assigned to the Felony 1997. Max became an Assistant Okmulgee where he teaches Sunday Narcotics Division, then took a District Attorney in 1989 after closing School and holds the title of Deacon. position as an Assistant District his solo law practice in Sapulpa. He is also a member of Gideons Attorney for the Payne and Logan International and Vice-Chairman of County District Attorney’s office. Cook’s wife Karen is a the Executive Committee of Less than one year after taking that pharmacist, and they have two Okmulgee County Family Resource position, he was appointed First children. Max likes scuba, Center. Assistant District Attorney, where he motorcycles, and most sports. served for over two years before leaving to join a private firm. DISTRICT 26 DISTRICT 25 CHRIS BORING During his time in private practice, ROB BARRIS his fields of emphasis included oil and gas law, family practice, and criminal defense. In 2002, he was elected District Attorney for the 23rd Judicial District, which covers Pottawatomie and Lincoln Counties, where he serves today. In 2007, he received the honor of being selected Outstanding District Attorney. Alfalfa, Dewey, Major, Smothermon has served on the Board McIntosh and Okmulgee Woods and Woodward of Directors for Legal Aid of Western Oklahoma, instructed at the CLEET Chris Boring has been attracted to the Reserve Officers Academy, and Rob Barris was born and raised in study of law since he was a young served as a volunteer for Oklahoma Okmulgee. He attended OU and boy. While watching his father serve Lawyers for Children. He is a past graduated in May 1979 with a BA in as District Attorney, Boring studied President of the Oklahoma District Political Science, then graduated the political science at OSU, then went on Attorneys Association and past OU School of Law in May 1982. to earn his law degree from OCU. He practiced at a law firm for a few years Chairman of the District Attorneys He spent a year in private practice Council. He currently sits on the before becoming Woodward’s before joining District 25 as Assistant Assistant District Attorney in 2011. Board of Directors for the Oklahoma District Attorney in Child Support in District Attorneys Association, is the Boring was elected District Attorney July 1983. He moved to Eufaula in in 2014, and assumed office in Chair of the Justice Assistance Grant 1985 where he served as ADA for 11 Board, and is the Governor’s November 2014, after the retirement years before becoming a First of his predecessor.
THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 13
DISTRICT 27 law enforcement. He graduated from working closely with police and DHS BRIAN KUESTER Central Missouri State University child abuse investigators on hundreds with a Bachelor of Science degree in of cases as a member of the District Criminal Justice. Attorney’s Child Abuse Task Force.
He received his Juris Doctorate and Kuester currently resides in Broken graduated sixth out of his class of Arrow with his wife Laura, who is a 180. After working for 3 years in mental health therapist in private civil litigation, Kuester returned to the practice, and their three children. field of criminal justice. In 2003, he Brian enjoys coaching his son’s took a job at the Tulsa County baseball team, playing the guitar, and District Attorney’s Office as an reading and playing with his Adair, Cherokee, Assistant District Attorney. While kids. Kuester is an active member of Sequoyah and Wagoner there he tried a variety of felony cases The Church at Battle Creek where he While growing up in a small town in including murder, robbery, child is a Dynamic Marriage course rural Missouri, Brian Kuester worked abuse and manufacturing facilitator, and is involved in the with his parents to manage the family methamphetamine. For a year and children’s ministry. farm. After graduating from high half he served as the Director of the school, Kuester pursued a career in Crimes Against Children Unit
In Loving Memory of STEPHEN BOOKER
The Oklahoma prosecutorial community mourns the ment. After graduating from passing of Assistant District Attorney Stephen Earl law school, Stephen worked for Booker. Stephen, age 40, of Altus, passed away March a short time with the Oklahoma 20, 2015 at his residence in Altus. Services were held in Indigent Defense System. In his honor March 24, 2015 at the First Baptist Church in December 2004, Stephen began Altus. his career with the Jackson County District Attorney’s Of- Stephen was born in Altus on November 1, 1974, to Earl fice where he served as an As- and Shirley (Wyatt) Booker. Stephen attended Altus pub- sistant District Attorney. lic schools all of his life, and graduated from Altus High School in 1993. On June 5, 2001, Stephen married the Stephen loved his work and his coworkers at the Jackson love of his life, Robin (Murphy) Thompson, and they County Courthouse. He took special pride in protecting spent the next fourteen wonderful years together, until the rights of abused and neglected children. Stephen his untimely death. Stephen earned his bachelors degree loved reading, studying history, and traveling with his from Southwestern Oklahoma State University, and wife, Robin. He was also an avid University of Oklaho- completed his Juris Doctorate at Oklahoma City Univer- ma Football and Dallas Cowboys fan. Most of all, he sity School of Law. He was admitted to the Oklahoma loved spending time with his family and friends. Stephen State Bar in 2004. From February 1998 until 2004, Ste- was a dedicated public servant who will be dearly missed phen worked for the Jackson County Sheriff’s Depart- by his friend, family, and community.
14 THE DISTRICT ATTORNE YS C O U N C I L
BENEFITS OF A COORDINATED COMMUNITY RESPONSE
to S EXUAL VIOLENCE
Sexual violence usually occurs in confidential emotional support and advocacy and support services at the private, but like all crime, it impacts counseling, criminal justice rape crisis center (with which this victims and entire communities. information and advocacy, and SANE is organizationally linked) so Several different social systems— referrals to other social services and that they have the resources they medical, legal (law enforcement and legal service providers. need to focus on their own well-being and recovery. This attention to prosecution), and victim advocacy— Failure to engage the legal system helping survivors heal indirectly are available to respond to crimes of can result in lost opportunities to affected their willingness to sexual violence to assist victims and pursue civil legal remedies such as a participate in legal prosecution. protect communities. Survivors of protective order or restitution, crime When survivors are not as sexual violence often turn to any or victim compensation funds to traumatized, they are more willing all of these social systems for support compensate for losses incurred as a and capable of participating in the and to seek justice at various points result of the assault, effective safety prosecution process. In addition, during their healing process. While planning, prevention of future crimes survivors often had questions about their systems each have different against the victim and others, and the the medical forensic exam and the goals, they all require victim supervision and management of process of criminal prosecution, and cooperation to function. When they offenders. work together in a collaborative way when SANE program nurses and to provide a coordinated response to Current studies emphasize the advocates provided patients with this sexual violence, they provide better importance of a multidisciplinary information, it gave survivors more services to victims and are more response to sexual assault, hope and confidence about their legal effective in protecting communities. particularly as a way to help cases, which also indirectly survivors understand the breadth of contributed to increased victim Notwithstanding the availability of a available community resources and participation. range of assistance, rates of survivors services. Campbell found that utilizing services remain low. Studies survivors working with advocates had Many communities understand that show that the rate of accessing social higher rates of reporting to law need for collaboration among social services ranges between 12 and 43 enforcement and higher rates of systems and have formerly created percent. Similarly, statistics from the healthcare service utilization, Sexual Assault Response Teams United States Department of Justice including physical examination and (SART) to provide coordinated indicate that 31 percent of all rapes sexually transmitted infection and victimizations were reported to prophylaxis. responses to sexual violence. These police. The literature suggests four SARTs aim to provide victim- primary reasons why survivors do not Furthermore, they reported centered support and services to access available systems: (1) the experiencing less secondary survivors. Remaining mindful of the survivor’s psychological response to victimization from the medical and reasons why survivors may not turn rape, (2) the degree of rape severity, legal service providers they to social systems, it is especially (3) fear of retaliation by the assailant, encountered. A study of Sexual important for SARTs to make and (4) fear of disbelief by the people Assault Nurse Examiner (SANE) services more accessible to survivors’ who work in the system. programs has illustrated that they can needs and create a safe place for them positively contribute to increased to turn. The medical, legal, and When survivors do not access needed service utilization, and ultimately victim advocacy systems must work medical and victim advocacy impact prosecution rates, in part together to educate each other, make services, their mental and physical because of strong, collaborative appropriate referrals, and build trust health concerns may not be treated relationships with law enforcement and can lead to long-term and victim advocacy. In examining with each other, survivors, and other complication that include the positive experiences survivors systems. posttraumatic stress, complications had reported with a particular SANE Hospital emergency departments and from sexually transmitted infections, program in the study, its authors SANE programs can examine, and a myriad of other health remarked: document, and treat injuries; provide sequelae. Victim advocates are in a information about and prophylaxis unique position to provide The program links survivors to for pregnancy and sexually
THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 15
transmitted infections; collect National Sexual Violence Resource all involved. The research has shown forensic evidence; provide mental Center (NSVRC) conducted a that when system work together in a health treatment or referrals; and offer national needs assessment of SARTs collaborative way to provide a discharge instructions. Victim around the United States to help coordinated response to sexual advocates may provide a survivor inform the creation of a forthcoming violence, they work better and with medical, legal, and court SART toolkit. Respondents to the smarter, encourage victims to access advocacy, engage in crisis survey mentioned a host of topics, on services, are more effective in holding intervention, and offer counseling. which SART members wanted more offenders accountable, and ultimately, The legal system can help address a information, issues such as alcohol protect victim and communities. survivor’s immediate safety concerns, mentioned. Respondents also Reprinted with Permission from inform then of their legal rights, and reported wanting materials to help AEquitas: The Prosecutors’ Resource protect them and the community by enhance long-term collaboration on Violence Against Women seeking to hold offenders accountable among SART members and (previously published as Christopher in court. information on funding and Mallios & Jenifer Markowitz, sustainability to ensure continuation Because multidisciplinary responses Benefits of a Coordinated Community of the organized response. such as SARTs serve such a vital Response to Sexual Violence, 7 function in the community, The benefits of responding to sexual STRATEGIES in Brief (Dec. 2011)). understanding their needs and violence through a multidisciplinary challenges is critical. Recently, the approach yield favorable returns for
MENTAL ILLNESS VS. MALINGERING
How Tarrant County prosecutors overcame the challenge of two competency trials and an insanity defense to secure a murder conviction and 45-year sentence for a wife who killed her estranged husband
Excerpted from an article by Michelle Gabby called 911 while she ran back her Miranda rights, she told him she Dobson and Sean Colston, Assistant to her friend’s house and told the 911 didn’t have any rights, and wouldn’t Criminal District Attorneys, Tarrant call-taker that she believed her mother answer questions about whether she County, Texas shot her dad. understood her rights. She also told Detective Lopez her name was Ann Arthur and Colette Reyes were When police arrived, they found Brown, the name of a woman Arthur married for more than 20 years. They Arthur dead from an apparent gunshot had met online and whom Colette had two daughters, Naomi and wound to the head. Colette entered believed was his girlfriend. Gabby. In October 2009, Arthur and the garage and calmly approached Gabby moved out of the house in Arthur’s body. When police asked her Colette was taken to the City of anticipation of an impending divorce. who shot the victim, she told them, “I Arlington Jail, where she began Naomi was off at college. On Sunday did.” When they asked her where the stripping off her clothes and chanting. November 22, 2009, Arthur came gun was, she said, “I left it next to She spent a little over a week in jail over to the house to collect some of him.” Colette’s sister and her family before her defense attorney requested his more valuable belongings because were in town visiting from California, a bond reduction hearing and her Colette was going to be served with and told police they were inside the bond was lowered. Once she bonded divorce papers the following week. house and Colette was in the garage out, she and her defense lawyer with Arthur when they heard the immediately gave an interview with Arthur dropped Gabby off at her best gunshot. the local news. They claimed Colette friend’s house nearby and went to the had been abused by Arthur house to gather items in the garage. Once Colette was taken into custody, throughout their marriage. After about an hour, Arthur called she began behaving bizarrely. She Gabby to come and help him. She mumbled to herself about not Our First Work on the Case arrived minutes later to find her father knowing what happened. When Detective Ben Lopez tried to go over While preparing the case for lying in a pool of blood in the garage. presentation to the grand jury, we
16 THE DISTRICT ATTORNE YS C O U N C I L
considered possible self-defense case went through the normal court ready for trial, three hours later at the claims. Arthur had received a Class C process and was finally set for trial. Tarrant County Jail, Colette was assault by contact ticket in 2007 for As we approached a trial setting in exhibiting signs of the behavior that slapping Colette. He and Gabby also September 2011, the defense voiced had landed her in the state hospital to received assault by contact tickets concerns to us about Colette’s begin with. She was released from from an incident on October 17, 2009. competency to stand trial. Because custody upon her return to Tarrant But when we spoke to Naomi and the defense was raising the issue of County. Gabby, they told us that their mother incompetency, they had the burden to prove it by a preponderance of the In August 2012, about 10 days before had been the abusive one. They said trial, the defense, for the first time, that Colette had fits of rage and evidence. In Texas, a person is incompetent to stand trial if she does stated that it would raise an insanity became verbally and physically 2 not have sufficient present ability to defense. Although this was not abusive. Colette was upset about timely notice, we felt that the court in Arthur’s supposed girlfriend, and she consult with her lawyer with a reasonable degree of rational its discretion would grant us a had come into Gabby’s bedroom, continuance and let the defense pulled out her breasts, and started understanding or does not have a rational as well as factual proceed. Additionally, the defense saying things about Jesus. Gabby and had Colette examined again and Arthur tried to escort Colette out of understanding of the proceedings against the person.1 Colette’s defense claimed she was once again the room and Colette started hitting incompetent. The defense expert, Dr. her daughter with a brush. attorney said that he had sent her to a couple of doctors who doubted her Emily Fallis, stated that she could not The girls told us that they had been competency, and Dr. Barry Norman, a examine Colette for sanity because told that Colette had been diagnosed court-appointed psychologist, had she felt that the defendant was with paranoid schizophrenia when conducted a formal evaluation and incompetent. found her to be incompetent. At that they were living in California in the This time we weren’t willing to agree. early ’90s. We subpoenaed Colette’s point we did not contest the finding of incompetency but in retrospect, we By this point we had subpoenaed a medical records from various doctors number of Colette’s records, in Arlington and found that she was should have contested it because a competency evaluation is generally a including medical, student, probation treated for numerous physical and Tarrant County Mental Health ailments, but there was no diagnosis routine exam. But as with all things involving Colette, nothing about this and Mental Retardation (MHMR) or treatment for paranoid records. Upon review of them all, we case was routine. schizophrenia. saw a pattern of malingering, defined We were continuing to prepare our Dr. Norman conducted a basic as feigning or exaggerating symptoms case when Arlington police competency exam, which consisted of of illness for secondary gain. We discovered a cassette tape recorded an interview with Colette and a believed Colette was trying to abuse the night of the murder. When review of some records. Based on his the system and continue to avoid trial. Detective Lopez listened to the tape, examination, Dr. Norman found We asked the court to appoint an we were all shocked at what he Colette incompetent, and she was independent doctor to evaluate her, discovered: The murder was captured taken into custody to await transport and Dr. Antoinette McGarrahan, a on tape. The tape revealed that there to the North Texas State Hospital in clinical psychologist with specialties was no fight and no self-defense—it Vernon. As soon as she was told that in forensic psychology and neuro- was simply a conversation and then a she was going into custody, Colette psychology, was appointed. Dr. murder. collapsed in the courtroom. She kept McGarrahan reviewed voluminous her eyes clenched shut and pretended records, interviewed family, friends, We sent the tape to a forensic audio- to be unconscious. Medical staff and neighbors met with Colette, and video analyst, who enhanced the evaluated her, but did not find conducted objective testing. In her audio and was also able to anything wrong with her. Colette was report, she stated that in her opinion, differentiate the voices, create a transferred to Vernon in November Colette Reyes was malingering to transcript, and tell us that based on 2011, where she was treated with improve her legal situation. the sounds and movement on the tape, medication and went through court it appeared that Colette was carrying competency education, stress and While Colette was at Vernon, we the tape recorder on her person. anger management, a vocational skills obtained records from the University workshop, mental health education, of Texas at Arlington where she had Competency Questions and wellness skills training; she was been a nursing student until 2008 returned to Tarrant County as when she was kicked out. While in Colette was indicted for the murder of competent to stand trial in February the program, several students filed her husband on March 1, 2010. The 2012. Although released lucid and THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 17 complaints against her because they than optimal effort and the possibility A few days before trial, in April 2013, were afraid of her (though their of malingering. the defense filed a notice of intent to reasons for feeling that way were not raise the insanity defense. They also addressed in the records). Records We called Dr. McGarrahan to rebut raised the issue of competency again, showed that when Colette struggled Dr. Fallis’s testimony. Dr. so our trial was going to be delayed. with a particular class, she would McGarrahan had conducted a Although Colette was presumed to be delay taking exams and consistently thorough evaluation of the defendant competent based on the outcome of miss classes due to claimed physical and administered four different tests the last trial, the issue of competency ailments, though she never provided to detect malingering. She testified can be raised at any time. This time any written documentation of that she believed Colette had her defense attorney also produced a disability to the university. symptoms of borderline personality motion requesting permission to disorder but that she did not suffer testify at the competency trial. Out of First Competency Trial from severe mental illness. Dr. concern for potential conflict, the McGarrahan explained that even judge allowed counsel to withdraw Our first competency trial was set for though Colette had a master’s degree and appointed a new defense attorney jury trial in January 2013. To prepare, in engineering, her performance on for Colette. The new defense attorney we met with Dr. McGarrahan to objective testing was at the level of a promised to get up to speed on the discuss her findings. We also spoke to moderately mentally retarded person. case as quickly as he could, but once people in contact with Colette in the Colette’s ability to function in the again, we were re-set for trial, this community, none of whom noticed community was inconsistent with the time until November 2013—a full any out-of-the-ordinary behavior. We way she presented to doctors. In fact, two years after Collette’s initial were ready to call them as witnesses there were several occasions in which incompetency commitment to if needed. doctors found that Colette was Vernon. incompetent, and on the same day she The defense called Dr. Fallis, who met with her supervision officer or In the meantime, we were finally able testified that in her opinion Colette court officials and appeared to get Colette’s medical records from was incompetent to stand trial. She completely normal. To explain why California. We had attempted to get based her opinion on evaluations by her opinion was different from a the records by an out-of-state psychologists who had seen Colette, number of other doctors, Dr. subpoena, but in citing HIPAA laws, offense reports, and two interviews. McGarrahan testified that once one the State of California made it very Dr. Fallis diagnosed Colette with doctor diagnosed Colette with difficult to obtain the records. They schizoaffective disorder. schizophrenia, the others seemed to showed she was hospitalized and Schizoaffective disorder is a mental rely on prior evaluations. diagnosed with paranoid illness that has features of two schizophrenia in 1994, after she different conditions, schizophrenia For the majority of the competency exhibited strange behavior upon being and an affective mood disorder, either trial, Colette quietly read her Bible or caught stealing from her employer. major depression or bipolar disorder. swayed back and forth in her chair. Of the other six doctors who had seen But when Dr. McGarrahan was Despite getting a new defense Colette over the past year, three had discussing malingering, Colette yelled attorney, we still expected an insanity diagnosed her with paranoid out, “I am not faking!” Dr. defense. Therefore, we obtained a schizophrenia, one with either McGarrahan was then able to explain court order and had Colette evaluated schizoaffective disorder or paranoid how Colette’s behavior indicated that by Dr. Randy Price. Dr. Price schizophrenia, another with major she is able to understand what is attempted to interview Colette, but depression, and one with a cognitive being said and that her outbursts she would not cooperate. When he disorder and paranoid schizophrenia. occur during testimony that is not tried to talk to her, she chanted in a Dr. Fallis testified she did not believe helpful to her legal situation. During made-up language. As he raised his Colette was malingering based on her our closing argument, Colette had voice while talking to her, she would behavior during her interviews. another outburst, and we were able to get louder as well. Dr. Price reviewed argue directly to the jury that Colette the offense reports, all of our records, On cross-examination Dr. Fallis was understood what was happening. and listened to the tape recording of forced to admit that she had the murder. His conclusion was that conducted no objective tests to At the conclusion of the trial, the jury Colette was sane at the time of the determine if Colette was malingering. found Colette competent to stand offense. In fact, only two doctors who had trial. seen Colette prior to Dr. Fallis had A Second Competency Hearing administered any tests to determine The Murder Trial Delayed malingering, and both indicated less In November 2013, it was time for
18 THE DISTRICT ATTORNE YS C O U N C I L trial. The defense raised the issue of commissary. But when it was time to We also called Arthur’s divorce incompetency again, so we first had meet with mental health officials or lawyer to testify that, unaware of to have another competency hearing. go to court, she would chant and Arthur’s death, he filed a petition for We had a visiting judge presiding exhibit bizarre behavior. Finally, we divorce on Arthur’s behalf the very over the case, and this time the called Dr. Price to describe his day after his murder. Because we competency trial was to the judge. meeting with Colette and offer his suspected the defense was going to Once again the defense called Dr. opinion that she was purposefully argue that Colette’s recording of the Fallis. As she had previously testified, choosing not to cooperate with him. murder was not something a sane she said that Colette was not At the end of all the evidence, the person would do, we also had him competent to stand trial. The defense judge found that Colette was explain that it is not uncommon for also called a nurse practitioner for competent to stand trial. parties going through a divorce to Tarrant County MHMR who treated record conversations in attempts to Colette in jail. On cross she testified The Murder Trial—Finally gain the upper hand. that in her first meeting with Colette, Colette seemed normal until she After this competency hearing, we We concluded our case by calling our identified herself as being with immediately launched into the trial, audio-video expert, and playing the MHMR—then Colette started yelling with jury selection starting the next tape of the murder. religious statements and answering morning. We spent the majority of questions with a religious theme. She voir dire discussing mental illness and Colette was disruptive multiple times admitted that when Colette is well, insanity. It was important for during the trial. When Gabby she exaggerates her illness to seem potential jurors to understand that a testified, she yelled at her and called person can have a mental illness and her a liar. On several occasions the more ill than she is and that Colette 3 would act out and refuse medication still not be insane. We wanted jurors disruptions were so loud that the as her court dates approached. to realize that people use slang terms judge had to send the jury out and like “crazy” and “psycho” to refer to have the defendant removed from the The defense’s final witness during other people all the time, but that courtroom. Colette remained in the competency was Colette’s former doesn’t necessarily make them insane holdover cell for portions of the trial, defense attorney, Wes Ball. Mr. Ball in the legal sense. This was important but the judge had a speaker placed testified that Colette would not assist because in the tape recording of the outside her cell so that she could hear him in her defense. He said that when murder, Arthur referred to Colette a what was taking place in the he tried to ask her questions related to number of times as being “crazy,” courtroom. the events surrounding Arthur’s “psycho,” and in need of treatment death, she would not answer. Mr. Ball because she was mentally ill. The defense began its case by calling testified that Colette would respond one of Colette’s sisters, Marie Cook, only with religious answers. On cross, The prosecution has the burden to who testified that Colette’s family Mr. Ball admitted that it is possible prove beyond a reasonable doubt that was aware of her mental illness and that Colette had the ability to answer the offense was committed, and the wanted her to get help, but Arthur his questions and assist him but was defense then has the burden to prove would not allow it. On cross, we choosing not to take part in her by a preponderance of the evidence pointed out that she had seen Colette that the defendant was insane at the only a handful of times during her and defense. time of the alleged conduct.4 We Arthur’s 22-year marriage and that For our case, we called Dr. presented our case in chief as an the couple’s children were probably McGarrahan again. Dr. McGarrahan ordinary murder case and did not more aware of what was taking place had reviewed Colette’s jail records, address the issue of sanity at this in the home. listened to testimony of the other time. We called the officers who witnesses, and met with Colette in the arrived at the scene, the crime scene The defense’s only other witness was holding cell before trial. Dr. officer, the firearms examiner, the Dr. Fallis. On direct, Dr. Fallis McGarrahan again testified that she medical examiner, and Detective testified extensively about her belief did not believe that Colette was Lopez. that Colette suffered from a severe suffering from severe mental illness mental disease or defect at the time of and was malingering. We also called We also called the 911 call-taker and the offense. However, on cross she a detention officer from the Tarrant played Gabby’s emotional 911 call. admitted that she could not testify as County Jail. She testified that Colette Gabby testified about the events to whether Colette knew the would behave appropriately when surrounding her father’s murder and difference between right and wrong. about life with Colette. She told the being escorted to visit her family and In rebuttal, we called a few witnesses friends or when it was time to order jury that Colette had hidden Arthur’s guns from him after he moved out. to testify about Colette’s behavior
THE OKLAHOMA PROSECU TOR | 2015 SPRING EDITION 19
Oklahoma District Attorneys Council 421 NW 13th Street, Suite 290 Oklahoma City, OK 73103
both before and after the murder. An hours before finding Colette guilty of We faced a number of challenges in insurance claims agent testified Co- murder. this prosecution. We made some mis- takes along the way, mainly in giving lette was the beneficiary of Arthur’s At the punishment phase, we recalled life insurance policy and that just too much weight to the initial assess- Naomi to tell the jury that after the ment of the court’s expert, but in the weeks after his death, she attempted murder, Colette had emptied all of the to recover death benefits. The paper- end successful prosecution came family’s bank accounts, including her down to our preparation. With mental work Colette submitted implied that and Gabby’s college funds. Arthur’s death was an accident. Gab- illness being such a concern in our by’s best friend’s mother testified that society and in the criminal justice sys- In punishment, the defense called a tem, we were pleased that the jury Colette was very upset about the di- couple of doctors who worked for vorce and was extremely worried didn’t allow Colette to exaggerate her Tarrant County MHMR and had seen symptoms of mental illness and that about her financial situation. Daugh- Colette while she was on bond and in ter Naomi testified that her mother they held her responsible for the mur- jail. They testified about Colette’s der she committed. was manipulative and controlling. continued need for medical treatment. Endnotes Our final witness was Dr. Price, who But the biggest surprise of the trial testified that Colette was not insane at came when Colette decided to testify. 1 Tex. Code Crim. Proc. art. 46B.003. the time of the offense. He believed Even on direct, Colette tried to con- that Colette might have a borderline trol the direction of her testimony by 2 A defendant planning to offer evidence personality disorder but that she does interjecting her own facts and not an- of the insanity defense must file with the not suffer from a severe mental dis- swering her lawyer’s questions. We court a notice of the defendant’s intention to offer that evidence at least 20 days ease or defect. Furthermore, in his objected many times for nonrespon- opinion, Colette knew the difference before the date the case is set for trial. sive answers, which the court sus- Tex. Code Crim. Proc. art. 46C.051. between right and wrong. Although tained. the defendant would not speak with 3 A person is legally insane if at the time him about the murder, in his opinion, The jury deliberated for about an hour of the conduct charged, the actor, as a the tape recording of the offense was and a half before sentencing Colette result of severe mental disease or defect, the best evidence. to 45 years. After all of her attempts did not know that his conduct was wrong. to delay justice, she finally had to an- Tex. Penal Code §8.01. The jury deliberated for about three swer for Arthur’s murder. 4 Tex. Code Crim. Proc. art. 46C.153.
20 THE DISTRICT ATTORNE YS C O U N C I L