News from the South - Oklahoma News Feed
Lawmakers Eye Tougher Sentencing Laws
Lock them up and throw away the key.
That’s the idea behind Title 21, Section 13.1 of the Oklahoma Statutes. Criminal defendants convicted of one of the 22 offenses outlined in the statute, including murder, first-degree rape and human trafficking, must serve at 85% of their sentence behind bars before becoming parole eligible.
Oklahoma lawmakers are considering several additions to the 85% list, with backers arguing a tougher approach is needed to crack down on violent crime and domestic abuse. The Domestic Violence Fatality Review Board reported a record-breaking 122 domestic violence homicides in 2023.
Bills increasing prison time for certain domestic violence crimes, including domestic abuse by strangulation and abuse of a pregnant woman, have advanced with bipartisan support during the first half of the legislative session.
Meanwhile, several Democrats have opposed Senate Bill 631, which adds discharging a firearm into a building to the 85% list. Sen. Michael Brooks, D-Oklahoma City, argued on the Senate floor that it could lead to lengthy sentences for property damage.
The bill, authored by Senate Pro Tem Lonnie Paxton, advanced along party lines and is eligible to be considered in the House. Paxton has maintained that law enforcement and district attorneys will retain discretion to decide if a shooting was accidental.
“If someone is going to shoot into my house, I’m scared of them and don’t want them on the street,” Paxton said on the Senate floor.
Additions to the 85% crime list would significantly increase prison stays, according to estimates from the Department of Corrections. For instance, domestic abuse by strangulation has an average sentence length of 10.99 years, but prisoners serve an average of just 1.68 years in state custody. That would increase to at least 9.34 years as an 85% crime.
Another bill to increase prison sentences, Senate Bill 599 by Warren Hamilton, R-McCurtain, remains alive. The measure, which advanced to the House on a party-line Republican vote, would establish a mandatory life without parole sentence for anyone convicted of sexually abusing a child under 14.
The bill also allows prosecutors to pursue the death penalty, though current U.S. Supreme Court precedent outlaws capital punishment for non-homicide offenses. Florida and Tennessee have passed similar legislation in an attempt to get the high court to reconsider the issue.
“We don’t want to infringe on the accused’s rights, but children have rights too,” Hamilton said. “The message we’re trying to send is that we’re not going to put up with people who commit heinous crimes against children.”
Where Reform Bills Stand
While proposals to pause the death penalty and scrutinize civil asset forfeiture stalled, several other criminal justice reform measures have momentum at the Legislature’s unofficial halfway point.
House Bill 1460 by Tammy West, R-Oklahoma City, passed without objection off the House floor on Thursday. The bill eliminates several fines and fees, including a $40 per month supervision fee assessed to defendants on district attorney’s probation and a $300 per month fee charged to inmates enrolled in the Department of Corrections’ GPS monitoring program. The bill would cost the state about $10 million per year in revenue if enacted.
The lower chamber also approved House Bill 1968 by Rep. Danny Williams, R-Seminole, which would establish a full-time Pardon and Parole Board with salaries of $85,000 per year. Criminal justice reform advocates have long pushed for the change, arguing that Oklahoma’s parole board don’t have enough to adequately review cases during a 10-hour work week. Several neighboring states, including Kansas, Missouri, Arkansas and Texas, employ a full-time parole board.
“I want the Pardon and Parole Board to give people a chance to go out and prove they’ve truly redeemed their life,” Williams said during an Oct. 29 interim study on sentencing reform.
Lawmakers will shift focus back to committee work in the coming weeks. The deadline for bills to pass out of committee in the opposing chamber is April 10.
Other bills to watch:
- House Bill 2235 by Cyndi Munson, D-Oklahoma City: Updates compensation for wrongful convictions to $50,000 per year. Current law caps payments at $175,000 regardless of time served.
- Senate Bill 595 by Darrell Weaver, R-Moore: Creates a list of minimum standards that county and city jails must abide by.
- Senate Bill 251 by Todd Gollihare, R-Kellyville: Increases funding to rural counties to establish mental health and diversion programs.
House Bill 2422 by Scott Fetgatter, R-Okmulgee: Requires sex offenders whose victim was 13 or younger to be chemically castrated to become parole-eligible.
This article first appeared on Oklahoma Watch and is republished here under a Creative Commons license.
The post Lawmakers Eye Tougher Sentencing Laws appeared first on oklahomawatch.org
Oklahoma Watch, at oklahomawatch.org, is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.
News from the South - Oklahoma News Feed
Attorney General alleges AI used in Swadley's BBQ case
SUMMARY: Attorney General Drummond alleges that Swadley’s BBQ owner Brent Wadley and his defense team used artificial intelligence (AI) in legal filings, leading to errors and falsehoods as their trial approaches in November. The defense denies using AI, attributing mistakes to human error amid tight deadlines. The case involves allegations that Swadley’s overbilled the state by nearly $5 million in a state parks contract, leading to indictments in 2022. The defense seeks to remove the Attorney General, claiming his remarks compromised their fair trial rights. Experts warn AI use by attorneys may be unethical or illegal, with potential punishments pending.
Attorney General alleges AI used in Swadley’s BBQ case
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News from the South - Oklahoma News Feed
Judge Attempts to Quash Press Investigation With Gag Order
On August 29, Oklahoma County Special Judge Michelle “Shel” Harrington heard arguments on an Adult Protective Services motion to restrict all visitation for Estelle Simonton, 91. Simonton was moved from her Del City home to Wolfe Living Center at Summit Ridge in Harrah in 2024, after being put under an APS guardianship order.
Harrington did not restrict all visitation, but she came close. Then she added a couple of stunners: ordering her son, Matthew Simonton, not to discuss his mother’s case with his mother and barring her from talking to reporters.
On August 4, Matthew Simonton went to visit his mother. Nursing home staff attempted to deny access; after a tense confrontation, the Oklahoma County Sheriff’s Office was called.
Deputies deferred to statutory proof that a visit was legal; over strenuous objections from nursing home staff, a visit was permitted and a subsequent incident report confirmed that the nursing home did not have the necessary court order to deny visitation.
Though aged, Estelle Simonton was found to be lucid and expressed a fervent desire to be with her son.
“The judge had already ruled that I could see my mother,” Matthew Simonton said. “They were defying what the judge had already ordered.”
Participate in Decisions that Affect Them
In 2015, Rep. Richard Morrissette, D-Oklahoma City, requested guidance from then-Attorney General Scott Pruitt on when and how visitation to a vulnerable adult under a guardianship order can be restricted.
Pruitt’s lengthy opinion first articulated the guiding principle of Title 30, Oklahoma’s laws on guardians and wards.
The clear intent of the law, the opinion said, was to encourage the self-reliance and independence of wards as much as possible; to the maximum extent of their ability, wards should be enabled to participate in all decisions that affect them.
Restriction of visitation to adults under guardianship orders was detailed in Title 43a, Oklahoma’s mental health laws, the opinion said.
Wards should be permitted the ability to associate with whomever they wish, the opinion said; but if a judge does restrict access, the order must specify the persons who are to be restricted.
A Restraining Order is Hereby Entered
In the August 29 hearing, Harrington ruled against the APS request to restrict all access to Estelle Simonton; Matthew Simonton was permitted to visit his mother.
But the judge issued several other rulings.
Special judges in Oklahoma are not elected; district court judges appoint them, and their duties and powers are significantly limited.
Judge Harrington’s LinkedIn page identifies her not as a judge, but as an attorney whose practice is entirely restricted to family law; she is a “divorce lawyer who doesn’t like divorce,” and who values “dating smarter” and “keeping marriage strong.”
In addition to denying APS’s motion, Harrington issued three orders: Matthew Simonton cannot discuss his mother’s case with his mother; he cannot bring anyone other than his domestic partner and her child to visit Estelle Simonton; and access to Estelle Simonton is denied to any member of the media.
“A restraining order is hereby entered preventing Mrs. Simonton from being interviewed by press without further order of this court,” the ruling reads.
Predatory Guardianship
Rick Black, founder of the Center for Estate Administration Reform, which has investigated 5,000 suspect adult guardianships since 2013, said the story of Estelle Simonton reeked of judicial hubris.
Black said that Oklahoma’s guardianship system appeared to lack best practices designed to avoid abuse and ignored an obligation to seek the least restrictive alternatives to guardianship. A lack of respondent counsel, transparency and third-party oversight, combined with an absence of video recordings at hearings and a requirement to seal files to avoid independent investigation, were significant issues with Oklahoma’s system, Black said.
Nationwide, Black said, there was a growing trend toward using claims of defamation as retaliation against those who expose guardianship wrongdoing. Lawsuits have been used to hobble the production of exposé documentary films being produced by Netflix and A&E.
For Black, Estelle Simonton was a case in point.
“The desire to silence [her son] Matthew and isolate Estelle is consistent with a predatory guardianship,” Black said. “The judge attempting to silence media on Estelle’s situation is also concerning.”
Oklahoma law requires judges to seal guardianship cases, a double-edged sword that is meant to protect patient privacy but also effectively thwarts any third-party investigation or oversight, a problem exacerbated by Harrington’s gag order.
Oklahoma City attorney Andy Lester, who has chaired the Oklahoma Free Speech Committee since it was created in 2022, agreed that Harrington’s ruling looks like an inappropriate encroachment on the First Amendment and the freedom of the press.
“This ruling appears to be an overreaching prior restraint,” Lester said. “It looks like a restriction on Ms. Simonton, but, as worded, it purports to bar all press. That is a step too far.”
The court did not respond to a request for comment by the story’s deadline.
No Oklahomans for Oklahoma City Event
In October, the National Guardianship Association will hold a Guardianship/Conservatorship National Investigator Training Program in Oklahoma City. The three-day event will feature talks on nursing home regulations, the ethics and standards of guardianship, and the role of judges in guardianship cases.
Former NGA president Anthony Palmieri, who will deliver the conference’s opening remarks, noted in a September 6 LinkedIn post that there had been no registrations from Oklahoma for the Oklahoma City event.
Editor’s note: This story was updated to show the judge barred Estelle Simonton from speaking to the press, not Matthew Simonton.
This article first appeared on Oklahoma Watch and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Judge Attempts to Quash Press Investigation With Gag Order appeared first on oklahomawatch.org
Oklahoma Watch, at oklahomawatch.org, is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This article critiques the guardianship and judicial system in Oklahoma, highlighting issues of transparency, individual rights, and potential abuses of power. It emphasizes concerns about government overreach, the silencing of dissent, and the protection of vulnerable individuals, which aligns with a center-left perspective that often advocates for civil liberties, accountability, and social justice reforms. The tone is investigative and critical of institutional authority without veering into partisan rhetoric, maintaining a focus on systemic reform rather than ideological extremes.
News from the South - Oklahoma News Feed
College gameday preps underway in Norman
SUMMARY: College Gameday preparations are in full swing in Norman as the University of Oklahoma hosts Michigan in a highly anticipated top-20 matchup Saturday. The national spotlight returns to Norman for the second consecutive year, with the College Gameday stage being set up on the South Oval. Nearby, The Standard restaurant, co-owned by Cameron Brewer, was selected as the guest chef for the show after submitting a proposal to ESPN over Labor Day weekend. They will serve burgers, catfish po’boys, chicken and waffles, and desserts, starting early Saturday before bringing food to the College Gameday set. Excitement is high as the city gears up for game day.
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