United Victims group concerned over Title 43A Legislation in Oklahoma that governs how the criminally insane are released back into the community. Daniel Hawke Fears may be released due to a loophole in the law. The group asks Governor Brad Henry for an emergency session of the Legislature. Sallisaw, OK (PRWEB) February 22, 2007 -- United Victims group is asking Governor Brad Henry to create an emergency session of the Legislature to amend Title 43A Legislation that allows the criminally insane to re-enter the community. A rally slated for March 10, 2007 at the Sequoyah County Fairgrounds will inform the community of Sallisaw about the issues and move toward a community based effort to pressure lawmakers for a change in the statute.
Daniel Hawke Fears was convicted in September 23, 2004 for the killing of two women, Patsy Wells and Reba Spangler and shooting several others during a shooting spree covering 20 miles of U.S. 64 from Sallisaw to Roland Oklahoma. A Sequoyah County jury convicted Fears to two terms of life imprisonment without the possibility of parole; nine terms of life imprisonment; and 120 years.
On July 7, 2006, by unpublished Opinion the Court reversed and remanded the case to the District Court of Sequoyah County for entry of a verdict of not guilty by reason of insanity. Attorney General, Drew Edmondson filed a Petition for Rehearing on July 19, 2006. The Oklahoma Criminal Court of Appeals issued an order staying the mandate on July 20, 2006. On January 26, 2007 the Court denied the Petition for Rehearing and ordered Fears to a mental facility in Vinita, Oklahoma.
The Oklahoma Attorney General wrote in the July, 2006 "Petition for Rehearing" that "Title 43A O.S. Supp. 2005, § 7-101 grants the person in charge of the mental health facility where the defendant is sent by the trial court the discretion to grant "convalescent leave or visiting status" to a "consumer" (defendant) to leave the facility. § 7-101(C). In addition, the person in charge of the facility may transfer the defendant to "outpatient or other nonhospital status" when in that person's opinion, the "transfer will not be detrimental to the public welfare or injurious to the consumer, "even though treatment is still necessary. § 7-101(D)." Further they state "There is no requirement for notification of the trial court before or after any such "leave" or change in status is granted. Furthermore, if the "consumer" is deemed by the mental health facility not to be a "risk to self or others" he must be discharged completely. § 7-101(B)."
United Victims group urges lawmakers to also adopt a policy that prevents insane persons who commit heinous crimes to be under security for the remainder of their lives. Roger Nix, United Victims Coordinator and son of Patsy Wells stated "it is too dangerous to experiment with the community when dealing with someone who has demonstrated his capability of killing innocent people." Dr. Lee Coleman, M.D. in his book "The Reign of Error: Psychiatry, Authority, and Law" states, "First, psychiatrists do not have the tools that society thinks they have. They have no special way of predicting who will commit a criminal act or of determining when a criminal is cured of antisocial tendencies. They have no tests to determine a person's innermost thoughts, even though the courts assume they do."
United Victims Rally "Keep Sallisaw Safe" is scheduled for March 10, 2007 at the Sequoyah County Fairgrounds Community Building, corner of Redwood Street and Shurley Avenue at 10:00am.
For additional information, contact Roger Nix or visit http://www.unitedvictims.com/
About United Victims:
United Victims is an independent organization of victim's involved in the shooting spree of Daniel Hawke Fears in October of 2002.
Contact:
Roger Nix
United Victims
256-272-8448
http://www.unitedvictims.com/
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