10 Days
It's about 10 days 'til the rally!
I'm going to boycott Coke, they officially turned us down today according to my "Executive Assistant" (okay, I admit....she's my wife) They offered to let us buy 8 (2 liter bottles for $8) I think we can beat that at Wal-Mart!
Anyway.....everything else on my list is in production:
Banners have been ordered.
T-Shirts are being screen printed as we speak.
250 Rally Signs have been ordered and will be delivered directly to Oklahoma.
500 Bumper Stickers have been ordered and also delivered directly.
2000 Flyers are on their way to Oklahoma for the "Ground Troops" to hand out and post
All that remains is the 1/2 page ad that is due on March 6th and some copies to be made.
I'm glad I have an Executive Assistant!
Remember the Victims www.unitedvictims.com
Mr. Weed
Got a call today from a reporter at the Tulsa World in (where else) Tulsa, Oklahoma. He told me of a person who wants to be at the rally. Her name is Amber Jenkins.
Amber's Story (paraphrased)
Her husband was a mail carrier in Tulsa working his route one morning. Along comes this guy (last name) Weed who casually walks-up to him and shoots him dead. They found Mr. Weed setting at a bus stop singing jingle bells.
No trial, everyone including the prosecutor (federal becasue he was a mail carrier) found him to be insane. Fine. They sent him to a mental facility, then to a halfway house and now he's back on the streets of Tulsa (all with about 2 years of treatment). They say he's cured.
Would you want him for a neighbor?
Amber has worked with an Oklahoma House member to get a bill introduced to basically eliminate the insanity defense. Basically it says after they are "cured" they go back to jail and serve-out the remainder of their sentence. Wouldn't that be nice....?
Amber may get to be at the rally unless her job gets in the way. I sure hope she makes it!
Remember the victims www.unitedvictims.com
Back to Business
I've strayed a bit from my normal message so it's back to business as usual. It seems that some readers are disturbed by my recent posts (?) Sorry, just trying to take a break from the madness.
The T-shirts arrived yesterday! The artwork is almost done and I'll drop them off at the screen printer.
Also called the newspaper and got a discount on the 1/2 page ad for being a non-profit organization.
The website has been updated. www.unitedvictims.com
RN
Being Political
I'm finding it tough to be political....and I don't like it.
In order to get people to work with you on an issue, you have to make sure the dialog won't "offend" someone. Trying to get all of the players together is like "hearding cats", it's almost impossible at times. Still trying to get the message out. Looking forward to the rally March 10th and on the other hand it sort of makes me nervous. What if the thing turns-out to be a riot instead of a rally? I guess it would get a lot of publicity! LOL
RN
It's Gettin' HOT
Latest press release....HOT off the press! Victim's Group Holding Rally to Launch Campaign to Inform Citizens of Changes Needed in Mental Health Laws in Oklahoma - Public Safety at Stake | |
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. |
Power to the People
Here's another article that appeared today in the Daily Oklahoman (Oklahoma City)
We've been trying to get some coverage in OKC and it's been minimal at best. Most of the news published about our group shows up in the Tulsa World since it is much closer to Sallisaw, OK. Oklahoma City is a three hour drive.
This will really be good for our issues! Power to the People! http://www.newsok.com/article/3016208
Renegade Judges
Here is an article published in the Ft. Smith, Arkansas newspaper, Times Record. Starting to get some press. Looks like the fight is on!
Victim's Son Seeks New Law
Wednesday, February 21, 2007 9:12 AM CST
By Jeff Arnold
TIMES RECORD
The son of one of Daniel Fears' victims is pushing for new laws that he said would protect the citizens of Oklahoma from violent mentally ill criminals and renegade appellate judges.
On Oct. 26, 2002, Fears took a rifle from his father's Sallisaw home and went on a shooting spree that left two people dead and eight people wounded before he surrendered to police.
In 2004, a Sequoyah County jury convicted Fears of two counts of first-degree murder, five counts of drive-by shooting, eight counts of shooting with intent to kill, discharging a firearm and feloniously pointing a firearm. He was sentenced to life in prison without the possibility of parole.
In July 2006, the Oklahoma Court of Criminal Appeals vacated the jury decision and directed a verdict of not guilty by reason of insanity.
Last month, the court denied the state's request that it reconsider its decision, and Fears was transferred to a state mental hospital with the possibility of being released.
Under Oklahoma law, if Fears is determined to no longer be a danger to himself or others, he could be released from a state hospital with or without supervision, depending on the determination of the court.
Roger Nix, the son of Patsy Sue Wells, 61, of Sallisaw, who was shot and killed by Fears, said he wants to see a change in Oklahoma law and the impeachment of the three justices on the court of criminal appeals who voted to vacate Fears' guilty verdict. Reba Spangler, 68, of Fort Smith was also killed in the shooting spree.
Nix, of Florence, Ala., said he wants to see Oklahoma law changed so those found not guilty by reason of insanity - after committing a "heinous crime" - never have the opportunity to be released from state custody.
Nix said a heinous crime could be a particularly violent rape, murder or other crimes defined by the state Legislature.
But a University of Virginia law professor, Richard J. Bonnie, said such a law wouldn't pass constitutional muster.
In addition to being a law professor, Bonnie is a professor of psychiatric medicine and director of the Institute of Law, Psychiatry and Public Policy.
Bonnie said a person found not guilty by reason of insanity is by definition not convicted of a crime, and may be held in custody for "therapeutic restraint" but not jailed as punishment.
Bonnie said he is not aware of any state with a law similar to the one sought by Nix, and for good reason. "To my mind it is so clearly unconstitutional; I imagine legal advisers to legislators are telling them the same thing," Bonnie said.
However, some states have enacted laws that reach a similar end sought by Nix without the same constitutional entanglements, Bonnie said.
Some states allow for a finding of guilty but mentally ill, in which a defendant receives treatment in a mental facility and then is transferred to prison to serve the rest of his sentence if his competence is restored, Bonnie said. Other states have abolished insanity pleas.
In addition to seeking lifelong confinement for some violent offenders found not guilty by reason of insanity, Nix said, he is pushing for the Oklahoma House of Representatives to launch an impeachment investigation of criminal court of appeals judges Charles Capel, Charles Johnson and David Lewis.
Capel, Johnson and Lewis voted to direct a verdict of not guilty by reason of insanity for Fears. The other members of the court agreed that Fears' guilty verdict should be overturned, but argued he should be granted a new trial instead of acquittal.
The court as a whole found former Sequoyah County Prosecutor Richard Gray engaged in prosecutorial misconduct for going beyond what was considered "proper argument." Capel, Johnson and Lewis also found that the state failed to prove Fears was sane and that the jury should have received an instruction on the consequences of a not guilty by reason of insanity verdict.
In his dissent, Vice Presiding Judge Gary Lumpkin argued the three judges substituted their judgment of the facts for the jury's judgment, which is the sole responsibility of the jury under the Oklahoma Constitution.
Lumpkin also wrote that Capel, Johnson and Lewis relied on a law that was repealed before it went into effect in determining the jury should have received instruction on the consequences of a not guilty by reason of insanity verdict.
Nix said impeachment proceedings should be initiated by the House, so the Oklahoma Senate can determine if Capel, Johnson and Lewis disregarded state law and the state constitution in violation of their oath.
Nix also supports an amendment to a proposed Senate bill regarding the insanity defense, offered by state Sen. Kenneth Corn, D-Poteau, which would limit the court of criminal appeals' authority to ordering a new trial or sentencing in cases dealing with an insanity defense.
Corn did not return a call seeking comment, but his office issued a news release on his introduction of the amendment.
"The amendment keeps the Court of Criminal Appeals from acting as a jury," Corn stated in the release. "In cases such as this, the court should not have the authority to overturn the ruling made by a jury of his (Fears') peers."
United Victims, an organization of victims of the Fears' shooting spree headed by Nix, will hold a rally at the fairgrounds in Sallisaw on March 10 to bring attention to the appellate court decision and the impeachment and legislative efforts.
Crime "Experts"
I ran across a quote from a psychiarist, Dr. Lee Coleman, M.D., from his book "The Reign of Error: Psychiatry, Authority and Law" (Published in part in "The Journal of Criminal Law and Criminology" by Northwestern University -
"My experiences as a psychiatrist tell me that psychiatry should be stripped of its state-given powers for two main reasons. 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."
"Second, problems associated with psychiatric power are really ethical and political considerations rather than scientific or medical ones."
Oklahoma should abolish the insanity defense. It doesn't work.
Remember the victims...... www.unitedvictims.com
Insanity Defense
I can't take credit for this, my brother did some research and wrote the following:
Re: Daniel Fears Case
An excerpt of the Official Position Statement regarding the Insanity Defense by the American Psychiatric Association... The American Psychiatric Association cautioned the public and the courts not to expect too much of psychiatrists.
It suggested that psychiatric testimony might well be restricted to an evaluation of mental condition of the defendant without drawing firm conclusions as to the whether the patient was sane or insane by legal standards, could tell right from wrong, or could control his own actions. ...and that such conclusions lie far beyond the capabilities of psychiatric expertise, and involve moral, philosophical and social judgments that are best left to juries and judges. "Determining whether a criminal defendant was legally insane is a matter for legal fact finders, not for experts," the association said.
The line between an irresistible impulse and an impulse not resisted is probably no sharper than that between twilight and dusk. This was taken directly from the 27,000 member American Psychiatric Association's Official Position Statement regarding The Insanity Defense specifically.
In the Daniel Fears case, The Oklahoma Criminal Court of Appeals has relied on paid psychiatric testimony to form their opinions. They have apparently put their trust in these psychiatrists that make up less than 1% of the Psychiatric Association's membership and have chosen to overrule a jury verdict based on the defense psychiatrist's findings.
The Psychiatric Association's official stance is clear that the line between an irresistible impulse and and an impulse not resisted is impossible to define. As a practical matter, no one can possibly know the inner workings of another person's mind at a specific time.
Now the good people of Oklahoma have to entrust their safety to the opinions of judges who believed Fear's "alien defense" and pray the judges are correct.
Thanks Bro
Remember the victims..... www.unitedvictims.com
Got a Break!
Good news for a change.
Got calls from 3 reporters writing stories, 2 in major metro areas. One of them is speaking to the Governor today for his comment. It's getting there.....
The rally planning is going well, found a guy to screen print the T-shirts on the cheap as his contribution to the effort. Got a very talented artist working on the graphics for the signs and materials.
Looks like things are picking up. Thanks!
Remember the victims...... www.unitedvictims.com
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
Press Release
This is a copy of my press release issued earlier today. RN
| United Victims Group Calls on Legislature for an Impeachment Investigation of Oklahoma Criminal Court of Appeals Judges | |
Oklahoma Criminal Court of Appeals judges, Charles Chapel, Charles Johnson and David Lewis may have violated their Oath of Office when ruling on Fears v. State, Case No. F-2004-1279, January 26, 2007. United Victims group seeks support from the Oklahoma Legislature to launch an impeachment investigation. Sallisaw, OK (PRWEB) February 15, 2007 -- 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. |
RALLY!
United Victims group is staging a rally in Sallisaw, Oklahoma, March 10th at the Sequoyah County Fairgrounds and Community Building. Thanks go out to Amanda at the DA's office for getting the fee waived! (she's my hero)
I'm in the process of buying two 10 foot banners, about 100 yard signs and some other items. If we collect enough donations, I want to get some T-Shirts. My mission is to present an organized front for the media. I think it will make a big impact.
At the last rally about 7 months ago, we had every television station in the market along with a couple of major newspapers. We had a good crowd, but had mostly victims and their families. This time we're running a half page ad in the local paper to hopefully draw-in about 200+ from the community.
I've invited the Governor and other VIP's to attend and hope they can make it. The community will need to stand-up and ask the lawmaker's what they are prepared to do about the senseless laws that will allow a killer to go free as long as he is a "mental" patient. I want to get them fired-up about this issue.
Please attend the rally if you are anywhere near the area. We could use your support.
Remember the victims... www.unitedvictims.com
Impeachment
Yesterday, I submitted a press release for the removal of 3 judges on the Oklahoma Criminal Court of Appeals by impeachment in the State Senate. I should hear back today if it's approved.
My friend reviewed it and thinks I'll probably be sued or arrested....
We'll see.
Remember the victims. www.unitedvictims.com
Utah Killings
I was very sorry to hear of the senseless killings in Utah. My heart goes out to the victims and the psychological scarring that will forever be a part of their loved ones lives. I will never understand why these angry punks feel they can make a statement by killing innocent people. http://www.foxnews.com/story/0,2933,251603,00.html
I'm glad he turned the gun on himself, it will save the family of the victims many years of trial preparation and a possible insanity defense. Criminals who demonstrate they are dangerous must be locked-up regardless of their "sanity". Read about our story here: http://www.sequoyahcountytimes.com/articles/2007/02/02/news/frontd.txt
Remember the victims...... www.unitedvictims.com
Great Publicity
I want to thank Reid Mullin and the KTOK 1000am staff for allowing me to speak regarding the killer of my mother Patsy Wells. I didn't get to make my announcement calling for the impeachment of three of the Oklahoma Criminal Court of Appeals justices, but did get to talk about the case and our initiative to change the law.
We received a lot of hits on our website, www.unitedvictims.com
Later this week I'll issue a press release regarding the impeachment issue. It should generate quite a bit of publicity.
Thanks for Reading. RN
On the Air
Please listen to KTOK AM 1000 in OKC tomorrow at 6:30am, or tune-in via the internet at www.ktok.com , then click to the "listen now" button (be sure your pop-up blocker is off).
An announcement is planned for this program involving the judes on the Oklahoma Criminal Court of Appeals. It will be a very interesting program.
Thanks
Remember the victims! www.unitedvictims.com
Judges gone Bad
Oklahoma Criminal Court of Appeals Judges reversed several life sentences of the killer, Daniel Hawke Fears and ordered him to a mental institution about 10 days ago. They said the jury is basically incompetent and took their verdict away and substituted their own (a violation of their oath of office) It should have gone back for retrial. According to the loose mental laws in Oklahoma, in 30 days he could be free to walk.
We are trying to change the law to keep him in the mental hotel for the rest of his life.
Here's a list of his victims - My mother, Patsy Wells (Dead), Reba Spangler (Dead), Greg Caughman (Shot), his daughter Bethany (Shot), Elvie Wells (Shot), Jimmy Nunn (Shot), Ernie & Sharon McMahon (Shot), Matthew Tabor (Shot), Melinda Dutton (Shot), Melinda's newborn and 2 year old (injured).
But Fears was let-off the hook. Said that Aliens were Controlling his Brain. That's it... that's all it takes in the great State of Oklahoma. God Bless America?
Had an interesting thought Friday.
What if we could get three members of the Oklahoma Criminal Court of Appeals to resign? Then I contacted the Oklahoma Attorney General's office and posed the question "can charges be filed on Charles Chapel, Charles Johnson & David Lewis for violation of their oath of office? After all, they did violate their oath by not following the law (Judge Gary Lumpkin agreed). If I were to break the law (not follow it) I would be subject to arrest. Why not the judges? Turns out that violation of the Oklahoma Oath of Office is not a crime. Pity...it should be.
So, I did some research and found the only recourse is to call an impeachment session in the Oklahoma Senate. Question is, does anyone in the Senate have the stomach to take-on the Court? Email the Senator for the district were Daniel Hawke Fears will be running free and ask him his intentions. cochran@oksenate.gov Every email counts!
We'll find out who in the Senate has the stamina......in upcoming episodes, stay tuned.
Injustice Speaks!
Good news!
The morning talk host on KTOK (Oklahoma City), Reid Mullins will be interviewing me on the air at 6:30am. If you're in the area, please listen.
We've also been contacted by a judicial watch group who is very interested in our story.
Please read our story and pass it on! The killer must remain locked-away! Help us change the laws to make sure this happens. http://www.kfsm.com/Global/story.asp?S=6011593
Remember the victims. Thanks RN
Murder by Insanity
I read the "Conservative Culture" blog on Sunday and discovered an article "I'm insane only when I murder people".
It's so true. If a person commits murder and gets caught, what's the only thing to do? Plead insanity! This is exactly what Daniel Hawke Fears did when he went on a shooting rampage. He killed 2 people, shot 8 others and the moment he's arrested he loudly exclaims "The Aliens are controlling my brain!" -- It's a perfect defense in Oklahoma. During the trial we discovered that a "would be" girlfriend turned him down the day before and I think he was simply mad. After taking about 50 decongestant tablets, he called his friend and asked "do you want to go for a ride to oblivion?" Sound to me this should have been a case of drug abuse - not insanity.
He knew what he was doing - all he had to do was "act crazy" when the Psychologists show up, then sit back and let his expensive law firm in Tulsa take over. His attorney Rob Nigh also defended Timothy McVeigh (OKC bomber) in federal court. This firm will take any scumbag as long as they can pay mega bucks or get them some national publicity.
Here's an interesting point, in court his lawyer said he was "playing a game" where aliens were controlling him and the object was to kill as many people as he could in the least amount of time. Except..........except.......his neighbor across the street who was standing in her driveway when the shooting began. He pointed the shotgun at her but lowered it when he recognized her. This woman was the only person who ever talked to Fears when he visited his father. She would ask him about school, his truck, etc. So...he was "playing" a game? If so, he seemed to be the one in control (not the aliens)
Now Fears will convince the Psychologists in the mental hotel that he's cured and ready to get back to his violent video games and recreational drugs. (His defense team said he was "self-medicating"....give me a break)
My brother brought-up an excellent point the other day. He said Jeffery Dahlmer went to jail and no one thought he was insane. My God....Dahlmer ate his victims, in fact he said he preferred certain types of "meat" over others. If anyone was insane it's Dahlmer!
Please do what you can to publicize this case...we should expect a certain level of safety in our communities. Oklahoma law will allow this punk to walk away (Title 43A Legislation) and move on with his life. It's got to stop.
Thanks for letting me vent.
Crime Hurts Everyone
Most of us are insulated from crime. We hear about it on the news, discuss it at lunch, then trust the justice system to take care of it. Before crime became an all too real subject for me and my family, I used to believe in the justice system...not anymore.
I've discovered that politicians give plenty of lip service to the issue, but really are more concerned with other more "important" issues that will get them re-elected. The media is only interested in reporting crime, not listening to victims who are trying to change the system.
Daniel Hawke Fears is a killer. The Oklahoma Criminal Court of Appeals says he's insane. The jury however, saw it differently. I used to think that if a jury convicted someone it would stick. It's not true...especially in Oklahoma. We keep asking ourselves how a killer, now considered insane could enter the "mental health" system and be subject to a loose set of laws, drafted by liberal politicians, that will allow him to walk-out.
I spoke with Melinda Dutton last evening. She was a victim of Daniel Hawke Fears. One Saturday she and her 3 girls were taking a walk, one of the girls was in a stroller, the other two were walking next to their mother. We talked about what happened that day and she never saw it coming. She was shot from behind with a shotgun. Daniel Hawke Fears moved across 3 lanes of traffic to single out her and her family. She told me she still has buckshot in her body the doctor's couldn't remove. Her children run and hide every time they hear a loud noise. Keep in mind this happened 4 years ago. I don't know how to keep her from crying. She's scared that Daniel Hawke Fears will come after her again.
My niece Ashley saw my mother being shot and killed while hiding across the street under a parked truck. She also saw my step-father being shot and then had to see Daniel Hawke Fears walk toward the truck. Thankfully he lost interest and fled the scene. Ashley is not the same anymore. She asked me if I thought Fears would try to find her and kill her. She's worried that since she testified against him he will seek revenge. I try to tell her it will be okay, but I don't think she believes me.
Jimmy Nunn was showing a truck to Reba Spanger at the local car dealership in Sallisaw. He saw Mrs. Spangler being shot point-blank. She was killed instantly. Jimmy was shot in the chest but was far enough away that his injuries weren't life threatening. However, Jimmy will never get the image of almost losing his life out of his mind. He'll never be the same and is struggling to cope on a daily basis. He had hoped so desperately for closure, he was denied justice by the Oklahoma Criminal Court of Appeals and their liberal bias.
All of the victims of the horrific shooting spree are still struggling with fear and psychological trauma, Earnie & Sharon McMahon, Matthew Tabor, Elive Wells, Greg Caughman & his daughter Bethany. Not to mention all of the extended family of each of the primary victims.
We all lost something that day...we faced the devil and he's about to be free to roam loose...again.
Please email Governor Brad Henry to help change the law and keep the killer, Daniel Hawke Fears, from having the opportunity to ruin more lives. governor@gov.state.ok.us
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
How can this happen in America?
My mother was killed by Daniel Hawke Fears in October of 2002 in her front yard in Oklahoma.
Today, he is no longer a criminal and has been transferred to a mental institution where he will most likely be out in a couple of months.
I don't know where to turn. The Oklahoma Criminal Court of Appeals is very liberal and decided to disregard the jury verdict and pass thier own judgement. Daniel Hawke Fears is dangerous and must be locked-away forever. Title 43A Section 7-101 will allow him to get a pass to visit his family, if he doesn't have another incident in 12 months, he'll be free.
If you think we live in a free country where justice prevails.......think again.
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