Author: lawoffice

Case Dismissed

ITIO of “S” Children [Lamar County]

TX DHS [Lamar County] claimed the mother of a young son medically neglected him and neglectfully supervised him. He had a significant congenital brain malady and the caseworker decided that she had a drug problem and wasn’t adequately caring for him.

With only several days’ notice before the hearing on the merits of this claim, Haslam rounded up affidavits from the caseworkers’ “witnesses”, including the boy’s school principal and guidance counselor who the caseworker claimed told her that mother had a drug problem. Indeed, Haslam showed these two witnesses the caseworker’s earlier testimony about what they told her that formed her basis for the claims of neglect.

The principal minced no words. His declaration under penalty of perjury testified that the caseworker lied under oath in her earlier testimony, that, in fact, he was present when she interviewed the counselor and that neither of them even intimated mother had a drug problem.

The judge also wasted little time. He promptly dismissed the case. The family had the young son in brain surgery literally days after this hearing and he is now healthy and strong – and his family is together.

Not guilty

CHILD ABUSE ACQUITTAL

Criminal Charge: Child Abuse
Case: State v. Earnest Jackson CF-02-5279
Court: [CF-02-5279, Tulsa County]
Result:
Not Guilty

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

Summary:

Featured numerous times on the television show “America’s Most Wanted”, Tulsa County [OK] arrested Earnest and Kaia Jackson amid great publicity in October 2002 in their Tulsa home living with their four kids. The 1988 New Jersey arrest warrants alleged they physically abused a fifth child fifteen years earlier.

After charging both Jacksons with abusing one of the four Tulsa kids, Jonathan, Tulsa County returned them to New Jersey to stand trial on the 1988 charges where each took a conviction. Thereafter, each returned to Tulsa to stand trial on the new Oklahoma charges involving Jonathan. In September 2002, a Tulsa County jury sentenced Kaia to thirty-five years in the Oklahoma penitentiary, to be served AFTER she discharged her New Jersey sentence.

The Tulsa County District Court appointed Haslam to defend Earnest in his February 2003 trial. The State offered Earnest – a 55 year old man – 35 years to avoid trial. With little to lose and everything to gain, Earnest chose to fight the charge. His first jury hung up after 8 hours of deliberation.

It became clear at the 2003 trial that the State failed to disclose a great deal of evidence . After many motions and hearings – including a motion to disqualify the prosecutor for attempting to improperly influence Jonathan’s testimony on the eve of the retrial – the defense uncovered numerous statements by Jonathan insisting that Earnest had NEVER abused him. These statements were used at the retrial.

After seven days of retrial, THE JURY NEEDED ONLY 45 MINUTES TO RETURN A VERDICT OF NOT GUILTY.

Not guilty

FAILURE TO REGISTER AS A SEX OFFENDER

Criminal Charge: Failure to Register as a Sex Offender
Case: State v. Joe Dennis Winton
Court: [Lamar County][Cause 26115]
Result: Not Guilty
Docket View: Docket sheet stricken because the Defendant was found not guilty.


Summary:

Mr. Winton was charged with Failure to Register as a Sex Offender about 10 weeks after he discharged a life sentence in September 2015. He had been in the Texas Department of Corrections for about 28 years. Because of his prior convictions, he was looking at another 5-99 years in the penitentiary.

Lamar County officials alleged Joe knowingly and intentionally failed to apply for an annually renewable license within 30 days of his release. A Lamar County deputy interviewed Joe on videotape immediately after the arrest and got Joe to say he knew he was obligated to apply for this license instead of the normal license of a longer duration – even though Joe went on to explain he just forgot this requirement among the many others he was complying with.

The prosecutor played the video showing Joe “confess” to “knowingly” failing to get the right license, but the jury also heard Deputy Joel Chipman testify on direct that minor sex offenses like indecent exposure do not require registration. During Haslam’s cross-examination, Chipman admitted that indecent exposure CAN BE a registrable offense.

Perhaps it was watching a deputy sworn to tell the truth forget just which offenses are registrable that persuaded the jurors that Joe – like Chipman – may have known the law but simply forgot it in good faith. After sitting in jail 9 months awaiting trial, Joe was acquitted in 30 minutes by his jury.

Paris News, August 7, 2015: Sex Offender Acquitted of Non-Register