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.