Author: lawoffice

Case Dismissed

POSSESSION WITH INTENT TO DISTRIBUTE CDS

Criminal Case: State v. Jonathan L. Bradley [CF-17-29][Choctaw County]

  • Count 1: Possession w/Intent to Distribute CDS w/in 2000 feet of a school or park
  • Count 2: Possession w/Intent to Distribute CDS w/in 2000 feet of a school or park
  • Count 3: Endangering Others While Eluding/Attempting to Elude Police Officer
  • Count 4: Resisting an Officer
  • Count 5: Failure to Wear Seat Belt

Result: Case Dismissed

Oklahoma State Courts Network
For more details on this case, open the Docket View.

Summary:  Mr. Bradley was driving his car with a passenger inside in Hugo, OK when the sheriff tried to pull him over.  According to the sheriff, Mr. Bradley raced away and tossed drugs out the window before he spun out in the road. In a common abuse of the statute, the DA charged him with intending to sell these drugs near a park or school merely because he drove within 2000 feet of the school. The intent to sell and school enhancements substantially increase the sentencing range for what would otherwise be a simple possession charge.

The Choctaw County DA offered Mr. Bradley 20 years in prison on Counts 1 and 2, as well as other time.

In this hotly contested case, Haslam and the DA argued over the constitutionality of the law that allows prosecutors to prove the lab test results at preliminary hearing without putting the lab analyst on the stand.  After the Court ruled it would allow the analyst’s positive drug lab report without the analyst’s live testimony, the State began requesting continuances of the preliminary hearing because a deputy sheriff involved was absent.  Haslam objected to the first continuance request because the State did not comply with the strict technical requirements of such requests. After the Court and Haslam quarreled over the Court’s refusal to provide a court reporter for this objection, it continued the preliminary hearing over Haslam’s objection and reset it two months later; however, sensing the State was bending the truth on the imminent availability of its absent witness, Haslam got the hearing reset days later.

Sure enough, the State filed another motion to continue the hearing, and again, the motion was defective. Haslam filed a more detailed written objection and motion to dismiss the case.  At the December 12, 2017 preliminary hearing, the prosecutor could not produce its witness and the Court granted Haslam’s motion to dismiss all charges. Mr. Bradley went home to his family a free man for Christmas.

 

Settlement

SHERIFF UNLAWFULLY SEIZES HUNDREDS OF THOUSANDS OF DOLLARS OF PROPERTY

Civil Litigation: Sheriff Unlawfully Seizes Hundreds of Thousands of Dollars of Property
Case: Mike Pierce v. Terry Parks, Sheriff of Choctaw County, OK [CJ-15-55][Choctaw County]
Result: Sheriff Forced to Return All Property and Pay Damages


Summary: According to the Choctaw County Sheriff [the “CCSO”] and Oklahoma’s Alcoholic Beverage License Enforcement [“ABLE”], their agents had probable cause for the warrants they executed on Mr. Pierce’s home and his two SE OK businesses.  A very successful self-made businessman, Mr. Pierce had hundreds of thousands of dollars of property seized by these agents via these warrants, including rare coins and precious metals.

Mr. Pierce hired Haslam to get his property back and defend what the CCSO promised would be a raft of serious felony charges. Mr. Pierce reasonably feared some of the thousands of rare coins would be “lost” while in the CCSO property room.  The CCSO claimed it had turned the case over to the FBI and federal prosecutors to explain the lengthy delay in bringing charges.

Haslam filed a replevin motion in Choctaw County District Court to force the authorities to either bring charges or return the property.  Rather than defend Haslam’s motion, the CCSO agreed to hand-deliver all the property back to Mr. Pierce and pay damages for his losses.

Case Dismissed

TEXAS DFPS WRONGLY ACCUSES PARENTS OF DEPRIVING CHILDREN

Civil Litigation: Texas DFPS Wrongly Accuses Parents of Depriving Children, Caseworker Lies Under Oath
Case: ITO S children [Cause 85840][Lamar County]
Result: Case Dismissed at First Hearing


Summary: The Texas Department of Childrens’ Protective Services claimed the parents of these three children neglected them by exposing them to controlled substances.  The caseworker, Tiffany Massey, testified under oath that the school principal of one child had told her he had concerns the mother was abusing prescriptions drugs.  Her only other evidence in support of her claim was hearsay testimony.

The judge dismissed the case, but Haslam had already interviewed the school principal and – knowing that he had denied ever making such a claim to Ms. Massey – collected an affidavit from him denying it under oath.  When coupled with the transcript of Ms. Massey’s testimony, her aggravated perjury appears to be a an easy charge to bring and conviction to get for Lamar County District Attorney Gary Young.  Time will tell.