The Issues
 
#1
We seek drastic changed in Oklahoma Title 43A Legislation through an emergency session of the
Legislature. We call on Governor Brad Henry to call the emergency session.


#2
We seek the impeachment of Oklahoma Criminal Court of Appeals judges for violation of
their oath and other egregious errors in their official Opinion in case no. F-2004-1279.

Background

In October of 2002, Daniel Hawke Fears went on a shooting spree in Sallisaw, Oklahoma. He killed two
women; one was my mother and then went on to shoot 8 more in a 20 mile stretch of highway.
When he was finally forced off of the road, he gave up to police and said that aliens were
controlling his brain. He plead insanity at his trial.

A jury of his peers found him guilty and he was sentenced to two life without parole
sentences, several  life sentences and 120 years.

His lawyers appealed the case to the Oklahoma Criminal Court of Appeals.
In July of 2006, the case was reversed by the OCCA and he was ordered to a mental institution.

Attorney General Drew Edmondson filed a “petition for rehearing” and asked for an
“emergency stay of mandate”. The case was frozen until the OCCA could rule on the petition for rehearing.

In February of 2007, the OCCA issued their final ruling by a 3 to 2 vote to not grant a retrial in the case
and to immediately transport Daniel Hawke Fears to a mental institution in Vinita, Oklahoma.
The OCCA used a repealed law in their Opinion and we feel they violated their oath in many areas of the official Opinion.

Summary

Issue #1
Mental health statute Oklahoma Title 43A takes a very liberal stance in how criminally insane patients
 are reintroduced to society. Section 7-101 will allow the director of the facility at his or her discretion to release
Daniel Hawke Fears on a “convalescent or visiting status” to “willing family members or friends”. When he
is determined to be “not a risk to himself or others” as defined by section 1-101 he must be discharged.
We feel that introducing a known killer back to the community is dangerous and a threat to public safety.
We also believe that persons who have demonstrated their capacity to commit heinous crimes should be
under state supervision for the remainder of their lives in a secure mental facility.

Issue #2
The Oklahoma Criminal Court of Appeals made egregious errors in their official Opinion regarding
this case. We feel that by applying a repealed law in their Opinion, they have violated their
oath and jurisprudence. Therefore we seek an investigation of the Court for possible
impeachment of the 3 judges who voted against retrial in this case.

We Support House Bill 1567
An Act relating to criminal procedure; amending 22 O.S. 2001, Sections 914 and 925, which relate to criminal verdicts; adding guilty but mentally ill verdict; defining terms; providing procedures; specifying circumstances under which a defendant may be found guilty but mentally ill; authorizing courts to take certain actions; providing for codification; and providing an effective date.
Read the Entire Bill - Click Here

We Support Senator Corn's Senate Bill 905
The Senate Appropriations Subcommittee on Public Safety and Judiciary on Wednesday amended a measure to limit the authority of appellate courts to modify the judgment or sentencing in cases where the defense of insanity is raised. Under the amendment to Senate Bill 905, in cases dealing with the insanity defense, the Oklahoma Court of Criminal Appeals would only have the authority to order a new trial or order re-sentencing without recommendations, according to a Wednesday press release. State Sen. Kenneth Corn (D-Poteau), chair of the Senate Appropriations Subcommittee on Public Safety and Judiciary, authored the amendment in response to the Fears' case. The amended Senate Bill 905 was approved in committee and will now move to the full Senate for consideration.
Read the Entire Article - Click Here

All of these issues will be discussed at a rally to be held in Sallisaw, Oklahoma on March 10th at 10:00am
at the Sequoyah County Fairgrounds. State Representative Bud Smithson will be there along
with other community leaders. Please join us in our efforts to “Keep Sallisaw Safe."

Roger Nix
United Victims Coordinator

Links to more details:

Channel 5 News Story – Timeline of Events

Tulsa World – Court Opinion of Reversal