Tag: Tulsa County

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.

Case Dismissed

MANUFACTURING METHAMPHETAMINE

Criminal Charge: Manufacturing Methamphetamine
Case: State v. Jason Rogers et al
Court: [CF-02-2866, Tulsa County]
Result:
Case Dismissed

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

Mr. Rogers and three others were visiting a motel room that the police surveilled from the parking lot. When he exited the room to the parking lot, the police confronted him by his car. When one of the remaining visitors exited the motel room door minutes later, the police alleged they smelled an odor consistent with a meth lab coming from inside the room. Based on this “bionic nose” argument, the police immediately commenced a warrantless search of the motel room and allegedly discovered a meth lab.

Haslam filed motions to suppress the search and to quash the information. Arguing Payton v. New York, 455 U.S. 573 [1980], Haslam urged the court that a motel room enjoys the same constitutional protections as does a home and that none of the very few exceptions for a warrantless search of a home existed in this case.

The court dismissed all charges after an evidentiary hearing on the motions.

Case Dismissed

MANUFACTURING METHAMPHETAMINE

Criminal Charge: Manufacturing Methamphetamine
Case: State v. Sherry Day et al
Court: [CF-02-1485, Tulsa County]
Result: Case Dismissed

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

Summary:

One of my favorite cases, Ms. Day and her spouse were charged with manufacturing methamphetamine and endangering their two children by having the meth lab near the kids.

The facts in this case are remarkable. Numerous Tulsa County Drug Task Force agents dressed in full task force gear stormed onto the Day property early one morning. The entire family was inside asleep. The agents shouted they had an arrest warrant issued by a Tulsa County juvenile court because Sherry’s spouse failed to appear at a court date involving one of their sons. The agents demanded the entire family exit the home, and the agents alleged that when they complied, they saw something through the open door that looked like a meth lab. They went inside and searched the home…without a search warrant.

Finding it curious that the Drug Task Force was sent to execute a warrant for failure to appear at a juvenile hearing, Haslam unearthed the so-called warrant and found it had been recalled weeks earlier: the authorities were executing a warrant that was invalid as a matter of law. The court granted Haslam’s motion to suppress the search and dismissed the cases against both Ms. Day and her husband, and the Days are now prosperous business owners, successfully raising two fine sons.