Gaining Speed
We just got some press on the issue of impeaching the Oklahoma Criminal Court of Appeals judges. Please check the story at http://www.sequoyahcountytimes.com/ we're on the front page. YES!
I believe these judges should be removed. They are servants of the people, but have their own hidden agenda.
Below is a reprint of the article:
Victims take aim at court
BY MONICA KEEN, STAFF WRITER
Friday, February 16, 2007 4:24 PM CST
While State Sen. Kenneth Corn (D-Poteau) works to pass legislation limiting appellate court power, victims in the Daniel Hawke Fears case are joining together in their own fight against the appellate court and current insanity law.
Roger Nix, the son of murder victim Patsy Sue Wells, said he appreciates what Corn is doing, but the proposed restrictions will not affect the decision in the Fears case. See story on A-1 for legislation proposal.
Nix said the appeals court's only job is to review cases and, if mistakes were made, send them back.
"They're an appellate court, not a district court," Nix said. "They're not supposed to make verdicts."
Nix and his group, United Victims, is now seeking support from the legislature to launch an impeachment investigation of the three appeals court justices who voted in favor of overturning Fears conviction. After the verdict was first overturned in July, Nix formed the United Victims organization to fight the appeals court.
According to a press release, the group is asking for an investigation into what they see as constitutional violations.
"Court members may have violated their oath, consciously disregarded state law and incorrectly cited the Oklahoma Truth in Sentencing Act as law that was repealed July 1, 1999 without ever taking effect," according to the press release.
"United Victims calls on the Oklahoma House of Representatives to create a House resolution to launch an impeachment investigation and present it to the Oklahoma Senate."
Nix, who lives in Alabama, said Thursday that the appeals court bypassed the Sequoyah County jury completely.
"They have a power that is unchecked," Nix said.
In an effort to gain support for their cause - "Keep Sallisaw Safe" - and to draw attention to changes that need to be made, Nix said they are holding a rally at 10 a.m. March 10 at the Sequoyah County Fairgrounds and community building, located at the corner of Redwood Street and Shurley Avenue in Sallisaw.
Nix said they ultimately want to change a loophole that exists in the law regarding the court process for those found not guilty by reason of insanity, which can lead to their release back into society.
"This has become a public safety issue," Nix said.
Nix emphasized that he is not seeking revenge, but wants the continued protection of the people of Oklahoma, which he considers his home.
"My motivation is for the victims," he said. "My mother is dead, Reba Spangler is dead. I'm upset and angry about it. But the fact is I'm in it for the victims who are still alive."
Fears release is what worries Nix and others the most. Nix said his sister and her two children still live in Sequoyah County, and they worry that Fears, if released, will come for them.
Nix said if Fears is found to not be a danger to himself or others, he will be released and allowed to go back into the community. He asked what if Fears is put on medication, which he decides to mix with alcohol or other drugs.
"It's just not right," he said. "You can't experiment with the community."
Nix said he wants to see the law changed so people who demonstrate they are a danger to the community are never considered "cured."
"I think we can change this law," Nix said. "Citizens should take their government back - it is their government after all...Laws can be changed."
Fears, who was 18 at the time of the shootings, was convicted of two first-degree murder charges, eight counts of shooting with intent to kill, five counts of drive-by shooting, one count of feloniously pointing a firearm, and one count of discharging a firearm with intent to kill.
Patsy Sue Wells of Sallisaw and Spangler were left dead from the shooting spree that began in Fears' father's neighborhood in Sallisaw when Fears took a gun from his father's home and began a shooting spree. The shooting spree ended in Roland, when Fears wrecked his truck and surrendered to police.
For more information about United Victims, visit www.unitedvictims.com
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