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Pre-sentencing

Interview with Nicole, Toby, Donald, Manuel, Jimmie, Jack, David, Rhonda, Paul, Mike, Leo, Liz and Barbara

JM: Tell us about the pre-sentencing process:
Nicole: Very long, & slow.
Toby: The court and DA play a lot of games and you are basically at their whim. Many times when you are scheduled for court you will be taken in shackles at 5am to crowded and extremely noisy holding cells where you will spend the entire day and eat sack lunches just to be passed over for court. This will occur in general somewhere around 6-10 times before you have your actual day in court which will last all of 15 minutes for motions or preliminary hearings etc...
Donald: I was finger printed and photoed. I had to wait in the holding area for several hours. I was feed a crappy sandwich then not let to eat for many more hours. The door wont open to the first pod I was sent to. I had to go down the hall to another one.
Manuel: You have video court which is your bond arraignment usually in the first week you are there, they give you another court date 3-5 weeks later in between the next date you will get a court appointed lawyer if you don't hire one or bond out he will come and tell you what the max time the charge Cary's and get some info about the case they do this to scare you into signing a deal and not go to trial this is why tulsa has such a high conviction rate the court lawyers don't usually try to beat a case just get you the best deal they can expect to be passed a few times usually takes between 1 month and 3 months to be sentenced if you don't go to trial
Jimmie: you will have video court a few days after you get arrested,where they tell you what you are being charged with, then about a month later you go to the court house for court where they will make you a plea deal or you will begin to fight your case
Jack: Pre sentencing Process took forever. I had to take way to many days off work, the Discovery phase was a Joke. The original arraignment step seems totally unnecessary. Had to go to 3 different court rooms and before 3 different judges. The overall process is just way to drawn out. Seems lik they can make iot faster
David: It was a long drawn out process in the booking station but I,wasnt complaining better than bieng in the actual jail taking photos and fingerprints and just waighting to get booked very boring but I,guess jail aint supost to be fun right it coulda ben worse ive ben in alot worse incompetent booking procedures
Rhonda: I was booked in it took almost 24 hours before I ever went up stairs, I was dressed out into a orange jump suit and given a bag with a sheet, blanket, spoon, and a change of cloths.
Paul: It is along and very confusing process. I stayed 6 days on charges and have been court 3 times and still have not been arraigned. It is a very ridiculous process that is still under way.
Mike: I arrived at the Federal courthouse for a hearing on an unrelated matter. I found out that there was an arrest warrant already issued for a failure to appear in Tulsa county. I finished with the Federal court hearing. I noted a county sheriff present in the court house and thought it odd. Immediately following the federal proceeding, two sheriffs and a federal marsahal approached me and then arrested me.
Leo: you go to court and see how many the D.A. and the judge come up with
Liz: I got pulled over and got arrested. I sat on the curb and they then put me in the police car and took me down town. I sat in a holding cell for about four hours and then they finally talked to me about being pulled over and they told me it was for no license and they thought I was intoxicated.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Nicole: I snatched a purse for crack money & got picked up by police around the corner from my house about 8 hour later.
Toby: I became aware that I had a warrant out for my arrest so I went to David L. Moss and turned myself in when I was ready to be incarcerated for a while. I camped out in an RV and stayed away from my family home so that I could continue working and build up some cash for my wife and children to help them survive while I was awaiting trial.
Donald: The Tulsapolice department said I rolled through a stop sign. They pulled me over. I did not have insurance. I had a beer can with some beer still in it. They charged me with DWI and TOC. Plus additional charges for no insurance and rolling through the stop sign also.
Manuel: I was arrested when I was pulled over for speeding and arrested for suspended driver license they towed the car and searched it when the tow truck got there for an inventory because I told them they couldn't search before that this was an ill eagle search but I didn't know any better
Jimmie: No the police never came to my house I was pulled over and they searched the vehicle I was riding in and arrested me for having a gun and marijuana. everyone who was in the car was taken to the police station to be questioned not everyone was arrested not sure why i was since i was not driving the car
Jack: I was at wal-mart with my vehicle broke down. The Police conducted a illegal search. The parking lot security originally called the police because I was in there parking lot for so long. They immediately had me step out of the vehicle and put me in cuffs with no probable cause. I lost my vehicle also.
David: The last time I,was in was for a public intox I was picked up walking down the road I was drunk so I dont remember all of the details but just a few cops rolled up on me and ask for id asked me if I had anything to drink I said yes they gave me sobriety test and it was off to jail.
Rhonda: I conned to sell a car that was not mine , a under cover officer planed to buy the car ,he an I went to get the car and at that time I was placed into coustdy.
Paul: I did not have police stop by my house. I came to be arrested for driving on a revoke.
Mike: I was actually in town for another hearing at the Federal courthouse. During the proceedings, I had noted that a Tulsa County sheriff was present. I found it odd, and had a nervous pit in my stomach. It was odd that a county sheriff would be in a Federal courthouse. At that time, I knew that I was under the spot light. When the proceeding was finished, I was approached by two sheriffs and subsequently arrested and brought to the county jail.
Barbara: I was behind on tickets which lead to warrants and the apartments i stay in does warrant sweeps and i was picked up there from my home
Leo: no. I had $5 worth of marijuana on me when I got pulled over
Liz: No the police did not stop by my house for questioning. I was driving in an area I did not know and went to turn,seen it was a dead end and swerved back on to the street. The cop seen it and turned his lights on to pull me over.

JM: What was court like? Please give as many details as you recall.
Nicole: It took forever to get out of the holding cell. But once you get into the court room it goes in a timely manner.
Toby: Court is nothing more than a stage set for actors "lawyers" that must take drama classes as part of law school. Tulsa is particularly hostile towards men, especially if you are charge with any type of abuse, sexual abuse, or any other domestic crimes. Tulsa has more female judges than any other place I have ever seen and half of them are homosexual man haters to begin with. There were many rulings by the female judge that shocked lawyers on both sides as well as the jury and spectators. I have nothing good to say about the Tulsa criminal justice system and liken it to a three ring circus. The defendant "you or me" as it was-is forbidden to say anything without taking the witness stand which in most cases you are advised against doing by your attorney. Having said that, after several faulty rulings by Clancy Smith and Theresa Dreiling I chose to speak out from my seatand asked the jusde why she was supressing exculpatory evidence and refusing to allow the jury to watch the interview DVD. I knew that if she tried to declare a mistrial after so many of her own faulty and biased rulings that we could object and beat the entire thing on appeal so I said what I had to say and was promptly found not guilty by the jury but not before the little weasel of a DA tried to use my military service record against me by stating such things as I had advanced very high in the military and was a born killer etc.. etc... He also referred to my speaking out as an outrage wherein I stood up and screamed at the jury etc.. etc.. He seems to have forgotten that I had a very attentive jury taht was mostly female themselves and they did not like the fact that the DA would stand there and charactize me with an outright lie with the entire jury as witnesses to his fabrication. Mine was the very first case that my public defender had ever won and if it were not for me guiding him along and insisting on things as well as my friends calling him and giving him guidance, I would now be serving life without parole.
Donald: I had to go to court four different times. It took about five months before I finally got on the docit. I dont know if it was my lawyers fault or the court. I dont think it should have taken that long. The DA deferred some of the charges. The judge deferred them all.
Manuel: Court was not what I suspected I was held in a holding cell at court house and my public pretender came back to tell me what the da was offering we countered and waived my preliminary hearing and they passed came back 3 weeks later you should always have your prelim this is where they state the evidence they have against you normally the cop will testify about what happened when you were arrested a good lawyer may be able to get the case thrown out if they didn't arrest you by the book
Jimmie: court was a long drawn out process took forever they dropped my gun charge so that the feds could pick it up. but at the time i had no idea they were going to pick it up so I was happy until I found out that I was going to go to federal court for it
Jack: Court was court. You watch other people go before you and get there sentencing. My attorney was late which delayed me. There were prisoners there from state jail on a review and the bailiffs would not let them speak to there family members which I felt was wrong. The judge was respectful and courteous. it was ok.
David: On this account I did not go to court I was just booked and released previous time it was just I,would say like any other day in court common procedures judge calls you up you enter a plea and after that you find out your fate jail fines or whatever.
Rhonda: The court process was not near has bad as being woke up at 5:30 am and being sent to the court house to wait in a cold cell for hours before ever seeing a judge , or being passed. Pending on your judge, I have a real bad background so I fought they wanted me to do time so I fought for a program and finally after 3 months I got it.
Paul: Court has been very quick in and out so far. I've been to arraignment 3 times and charges still have not been filed in the right manner. I show up wait for the judge to call my name and he just says come back on this date the d.a still hasn't filed the charges. The courtroom is full each and every time and I'm the only one to be treated in this manner.
Mike: Court is a very scary place in my opinion. It is really nerve wrecking when you know your fate lies in the judge. What is even more scary is when you cannot afford counsel and you have to stand pro se (represent yourself). In my opinion, you have very little chance of sucess in that situation.
Barbara: I walked in judge started the sentence my public defender did all the talking and since i did time served if got out on pay arrangement
Leo: Stressfull, I had to sit in chains for hours,and not be able to use the restroom
Liz: Court was long. I was the last out of quite a few people there to be called up to the stand. They asked me a bunch of questions and talked to the cop. I then sat back on the benches and waited until every one else was done then I left.

JM: What were your original charges? What did you end up being convicted of?
Nicole: Original: 1st degree burgulary, knowingly concealing stolen property, 2 counts possesion of anothers credit card, 2 count posession of anothers id, 2nd degree robbery. Convictions: 2nd degree robbery, knowingly concealing stolen property.
Toby: My original charges were sexual abuse of a minor child and I was found not guilty. The entire case began with my 15 year old daughter who has been diagnosed with obsessive defiance disorder along with several other maladies. One evening I received a call from my son telling me of some things she did and how she treated her mother "cursed her out and physically threatened her" I went home and called my daughter's grandmother over to serve as a witness to my line of questioning. I gave my daughter the 3rd degree concerning the way she thought we treated her and if she felt loved adequately etc..etc.. My daughter gave all positive answers in front of her grandmother then I lowered the boom and asked her why then she would choose to treat her mother that way "she did not know that I knew about it and also knew that her mother would not tell me of the incident" In any case, to make a long story short. I told her she was grounded and no allowance, no phone, no going out, bed by 9pm etc..etc... The next day an uncle that she did not even like passed away and she and her mother insisted that she be allowed to go stay with her grandmother for moral support. I saw this as simply a way for her to connive her way out of her punishment. This went on for a month with her staying with her grandmother and I insisted that she come home to face her punishment. It was then that my daughter told her grandmother she did not want to come home because I made her watch X- rated movies "turned out to be the Brothers Grim" and that I offered her $20 to touch her bottom. Her grandmother called the police and they pulled every trick in the book to firstly try to arrest me and secondly to try to convict me of erroneous charges. Needless to say, after I was found not guilty, all the female judges began to conspire with one another and took us back to court for civil hearings and custody hearing. This all stemmed from a 2001 case where I was accused of molesting my sister-in-law's daughter. I paid $20K to an attorney and he failed at the premiliminary hearing then quit when I told him I had no more money. At that time I was assigned a public defender named Rick Couch who still works for that corrupt office. Couch, from day one pushed and pushed me to take a plea in the case because he was not an experienced trial lawyer and did not think he could win. It was his first day on the job when I got him assigned to me. My wife even called the PD's office to complain several times and was told by my PD's boss that I was guilty and that she should divorce me and move on. On the day of my trial, I was conversing with couch in a holding cell at the courthouse and he excused himself for a moment and walked out, after he left the room, some suit from the DA's office came in and threatened me, told me if I did ot take the deal he would make certain that I died in prison etc... After he did all this, Couch returned and asked if I was ready to sign the deal. They had also spoken to and threatened my wife as well as scared her for my own safety. Couch told me that Deidre Dexter was the only judge in Oklahoma that would accept a plea of nole contendre which he explained to me as meaning that I was not guilty but could not afford to fight the case any longer and had reason to believe that there was a 50/50 chance of being found guilty. After I stupidly did this and allowed them to scare me into a plea agreement I later became a law clerk in prison and found everything he said to be outright lies. After my release, I became friends with Bruce Harlton (now deceased) who had been an attorney in Tulsa for over 50 years and had some pull and was also the father-in-law to the chief public defender. Through him I found out many things about Tulsa's inner circle of lawyers and judges and found that mine had turned into a political case among all the female judges and they wanted to railroad me to make an example. This is an extremely corrupt city with an horribly corrupt police force and judicial system. My best advice for you is to stick to your guns and do not yield no matter what they tell you or how they threaten you or your family. I was the world's biggest fool back then for even contemplating entering a plea agreement much less doing it. It has solidly ruined my life and the lives of my wife and children.
Donald: D.W.I. T.O.C. No insurance and rolling through stop sign
Manuel: Possession of a controlled drug and paraphernalia charged with and convicted
Jimmie: possession of marijuana and possession of a firearm
Jack: Possession of CDS and parafanella. I was convicted of both.
David: I was convicted of public intox
Rhonda: obtaining money by fraud
Paul: My charges that still haven't been filled are Duid for driving on my prescription meds possession of incense considered a CDs and driving on a revoke.
Mike: My original charges were indirect contempt of court. I was convicted of the same.
Barbara: Traffic tickets no d.l no insurance
Leo: possession of cds, marijuana
Liz: Driving with no license and dui. I did not end up being convicted of anything.

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