Killer will walk - Our Story
My name is Roger Nix and in October of 2002, Daniel Hawke Fears killed my mother, Patsy Wells in her front yard in Sallisaw, Oklahoma. He then went on to kill another woman at a car dealership then went on a shooting rampage for 20 miles and shot 8 other people. Complete details: http://www.5newsonline.com/Global/story.asp?S=6011593
He was found guilty of 2 life sentences without parole, several other life sentences and 120 years. (Case number F-2004-1279) He plead "not guilty by reason of insanity". His attorney, Rob Nigh (who also represented Timothy McVeigh in federal court) appealed the case and it was reversed, not for retrial but completely reversed and taken away from the jury. We were able to get a "stay of mandate" for about 7 months. Drew Edmondson's office drafted a Petition for Rehearing and we prayed for a reasonable decision.
Last week, the court handed down its opinion that the original reversal will stand and Fears was sent to the Forensic Center in Vinita. Incidentally, this is the first time in the Court's jurisdiction that a jury verdict has been reversed and the case remanded with direction to the trial court to enter a verdict of not guilty by reason of insanity. Complete Details: http://www.tulsaworld.com/NewsStory.asp?ID=070130_To_A1_Rever11911
The problem is how the court handled the case. The jury in Sequoyah County acted properly on the evidence presented. I personally attended the two-week trial and heard all of the evidence. The prosecution's experts were very compelling and presented quite a bit of evidence proving his sanity at the time. The prosecution may have made some errors, but it should have been sent back for re-trial, not reversed without the jury's input.
Justice Gary Lumpkin had stern dissents on both opinions handed down in the appeal. He said, "The most egregious violation of our jurisprudence is in the Court's usurping of the authority of the jury verdict in this case", he went on to say, "The Court has consciously disregarded the law in the decision in this case". The most alarming statement made by Lumpkin was, "If the Court were true to its oath and jurisprudence, the proper procedure would be to remand the case to the trial court for retrial under proper instruction as to the law, now that it has decided a change in law is being made". Fellow dissenting judge on the Final Petition for Rehearing, Arlene Johnson said, "The case as written is a legal anomaly. It is a case of first impression purporting to overrule existing law on an important issue, but without precedential authority because it is designated ‘Not for Publication." "This odd deviation from the standard can only create uncertainty in future cases.
The Oklahoma Criminal Court of Appeals answers to no authority not even the U.S. Supreme Court. We have no options in this case even though 3 members of the Court have violated their oath. I believe the people of Oklahoma should know the unbridled power of the OCCA and move to an elected court instead of an appointed body.
Our only recourse in this case is to change Oklahoma Statute, Title 43A Legislation that governs the mental institutions. Specifically Section 7-101 and 1-103 should be tightened-up for the safety of the public. People who commit heinous acts of violence should not be released under any circumstances. I believe reasonable people would agree that trying to cure a killer is not in the best interest of a peaceful society. What would happen for instance if the person stopped taking their medications or used illegal drugs and alcohol at some point down the line? I have no problem with Daniel Hawke Fears being in a mental institution as long as he is never considered "cured".
Our group, United Victims is currently organizing a campaign to change the laws with regard to violent criminals who enter the mental health system in Oklahoma. We are also exploring ways to force the OCCA to follow more strict guidelines when rendering their decisions. Any judge who injects his or her "purely personal view" that "finds the jury verdict not rational" should be removed from the Court. Both lawmakers from District 2 have been contacted to help in this matter.
Please consider helping us publicize this case to the people of Oklahoma and to change the laws in order to protect the safety of the citizens. Any help would be greatly appreciated.
Roger Nix
United Victims
Created with ShoutPost
