Tag: Tulsa County

Case Dismissed

CHILD ABUSE

Criminal Charge: Child Abuse
Case: State v. Lallan Holt
Court: [CF-02-5666, Tulsa County]
Result: Case Dismissed

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

Summary:

Mr. Holt was charged with sex abuse of a minor child in both Creek and Tulsa Counties in November 2002. Tulsa charged him first, then Creek County charged him, but only Creek County arrested him. So for the next 2+ years, Tulsa County sat around and did nothing else until the Creek County charge was dismissed. Then Tulsa arrested him and started its own prosecution.

Almost immediately, it became apparent the case was weak. The Tulsa prosecutor tried to disclose little evidence and Haslam filed a writ of mandamus to the Oklahoma Court of Criminal Appeals to force disclosure of all the evidence Lallan was entitled to. In a bad decision, the OCCA denied the writ and the case proceeded to preliminary hearing. Under Haslam’s cross examination, the State’s only witness – the 15 year old alleged victim – admitted she had denied the allegations many times and had falsely accused another man of the same crime. Still, the judge bound Lallan over for trial.

Once in front of the trial judge, Haslam moved to dismiss the case because the 27 month delay in bringing the case in Tulsa violated Lallan’s statutory and Constitutional rights to a speedy trial.

After numerous evidentiary hearings, Judge Thornbrugh GRANTED THE MOTION TO DISMISS and Lallan WAS FINALLY RELEASED FROM JAIL.

 

Suspended Sentence

WORKERS COMPENSATION FRAUD

Criminal Charge: Workers Compensation Fraud
Case: State v. Shawn Pye
Court: CF-05-2752, Tulsa County
Result: Suspended Sentence

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

Summary:

Some cases that don’t look like victories are in fact acceptable results.

Mr. Pye was charged with worker’s compensation fraud after 2 prior felony convictions. The State alleged he misrepresented the injuries he suffered on the job, took monetary benefits from the State but was seen assisting a race car collision victim from a car at an Oklahoma motor speedway.

State law prohibits suspended sentences when a defendant already has at least 2 prior felony convictions. Mr. Pye was looking at going to the penitentiary for up to 5 years on the fraud case.

Haslam negotiated a plea bargain involving restitution and no time in the penitentiary.

Case Dismissed

POSSESSION OF DRUGS WITH INTENT TO DISTRIBUTE

Criminal Charge: Possession of drugs with intent to distribute
Case: State v. Rita Horn [CF-02-1485]
Court: Tulsa County
Result: Case Dismissed

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

Summary:

Ms. Horn was charged with possession of CDS w/intent to distribute after former conviction of a felony, a crime which subjected her to significant jail time. Three Tulsa Police Department officers – based entirely on an alleged uncorroborated tip of an informant – sought her out in a hotel room after midnight. Her companion demanded the police exit the room. They returned and forced their way back in the room, contending they had seven outstanding warrants for her arrest.

Once inside the room, they based a warrantless search of her purse and the subsequent seizure of drugs allegedly found in the purse on the “search incident to arrest” exception recognized in United States v. Robinson, 414 U.S. 218. At the preliminary hearing, Haslam urged a motion to suppress the search and exclude the drugs allegedly found and elicited testimony from TPD Detective Bishop that her search was based exclusively on the Robinson exception. Of course, Detective Bishop failed to testify that the warrants were misdemeanor traffic warrants…. The preliminary hearing magistrate denied the motion to suppress.

Finding Det. Bishop’s testimony regarding the time of her arrest just a little too delicate, Haslam unearthed the warrants and reurged the motion to suppress to the trial judge. Arguing state law that forbids execution of misdemeanor warrants on private property after 10:00 P.M., Haslam obtained suppression of the fruits of this unlawful search and dismissal of the case.