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Case Information

State Of Oklahoma vs. LOCKETT, CLAYTON DERRELL

Case Identifier Noble OK — CF-1999-00053A Monitor this case
Type of Case Criminal Felony Proceedings
Date Filed 06/06/1999
Amount Owed $0.00 (as of 04/04/2026 06:41am)

Offense or Cause

  • 1. CONSPIRACY AFC TWO OR MORE - FELONY - ST JURY TRIAL
  • 2. BURGLARY FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 3. ASSAULT &/OR BATTERY W/DANGEROUS WEAPON AFCF 2 OR MORE -FEL. - ST JURY TRIAL
  • 4. ASSAULT &/OR BATTERY W/DANGEROUS WEAPON AFCF 2 OR MORE -FEL. - ST JURY TRIAL
  • 5. ASSAULT &/OR BATTERY W/DANGEROUS WEAPON AFCF 2 OR MORE -FEL. - ST JURY TRIAL
  • 6. FORCIBLE ORAL SODOMY, AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 7. RAPE, FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 8. RAPE, FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 9. RAPE, FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 10. KIDNAPPING AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 11. KIDNAPPING AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 12. KIDNAPPING AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 13. KIDNAPPING AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 14. RAPE, FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 15. FORCIBLE ORAL SODOMY, AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 16. FORCIBLE ORAL SODOMY, AFCF TWO OR MORE - FELONY - ST JURY TRIAL
  • 17. ROBBERY BY FORCE, AFC OF TWO OR MORE FELONIES - FELONY - ST JURY TRIAL
  • 18. ROBBERY BY FORCE, AFC OF TWO OR MORE FELONIES - FELONY - ST JURY TRIAL
  • 19. MURDER, FIRST DEGREE AFCF TWO OR MORE - FELONY - ST JURY TRIAL

Parties Involved

Defendant LOCKETT, CLAYTON DERRELL Monitor this person
DA GIBSON, MARK L of Perry OK
DA GIBSON, MARK L of Perry OK
Attorney JAMES, GARY J. of Oklahoma City OK
Attorney JAMES, GARY J. of Oklahoma City OK
Attorney CINAMMON, SANDY of Norman OK
Attorney CINAMMON, SANDY of Norman OK
Officer FARROW, DAVID A.
Officer FARROW, DAVID A.
Agency PERRY POLICE DEPT. of Perry OK
Agency PERRY POLICE DEPT. of Perry OK
Judge BOYD, D.W. of Newkirk OK
Judge BOYD, D.W. of Newkirk OK

Case entries

Date Description Amount
06/06/1999 CM-DGA - ADA GIBSON PRES FOR STATE, DEF PRES W/O ATTY. COMES ON FOR PROBABLE CAUSE DETERMINATION. STATE CALLS DETECTIVE DAVID FARROW, SWORN, TESTIFIES. CRT REC'S AFF AND MARKS IT EX A. BASED ON TEST OF DET FARROW AND INFORMATION IN AFFIDAVIT CRT FINDS PROBABLE CAUSE TO DETAIN DEF. CRT ADVISES DEF RIGHT TO ATTY. DEF ACK AND DOES NOT HAVE QUESTIONS. ADA GIBSON REQUESTS BOND DENIED AT THIS TIME. CRT FINDS THAT BAIL SHOULD BE DENIED AT PRES TIME. FUTHER APPEARANCE IS SET FOR 6-7-99 AT 10:00 AM. COURT REPORTER TARA DALE
IS PRESENT. $20.00
06/06/1999 AFFIDAVIT FILED
06/07/1999 FILE, ENTER, RECORD INFORMATION $95.00
(Entry with fee only) $3.00
(Entry with fee only) $5.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
06/07/1999 CM-DGA - COMES ON FOR INITIAL APPEARANCE. COURT HAS PREVIOUSLY CONDUCTED PROBABLE CAUSE DETENTION IN RE THIS MATTER. ADA MARK GIBSON PRESENT FOR STATE.
TARA DALE, COURT REPORTER, PRESENT AT REQUEST OF CT. DEFENDANT PRESENT PRO SE, FURNISHED COPY OF INFO, STATES DOB, SSN ARE CORRECT; HOWEVER, MIDDLE NAME IS MISSPELLED, SHOULD BE SPELLED DERRELL. THE COURT ORDERS INFO AMENDED BY INTERLINEATION. DEF ADV OF RIGHTS INCLUDING RIGHT TO ATTORNEY. DEF STATES HE HAS MADE APPLICATION FOR COURT APPOINTED ATTORNEY, QUESTIONED BY COURT. COURT FINDS DEF QUALIFIES, $20.00
APPOINTS IDS. CLERK TO NOTIFY REPRESENTATIVE OF IDS TO CONTACT DEF ASAP. CLERK TO COORDINATE MATTER OF IDS W/ ATT HOBBS. BOND DENIED AS PREVIOUSLY ORDERED. SET FOR FURTHER APPEARANCE 6-10-99 AT 11:00 AM. $200.00
06/07/1999 APPL. FOR CRT. APP'TD ATTY. FILED $40.00
06/07/1999 NOTIFIED ATT HOBBS, IDS, OF APPT AND CT DATE AND COPIES PROVIDED--JMV
06/10/1999 CM-DGA - DEFENDANT IS PRESENT.
ADA GIBSON PRES FOR ST. CT RPTR TARA DALE PRES. COMES ON FOR REVIEW. ATT WES GIBSON, DEPUTY CHIEF IDS ENTERS APP FOR DEF CLAYTON D. LOCKETT. ATT LEE TURNER, PC, ENTERS APPEARANCE FOR DEF ALFONZO LOCKETT. DEF MATHIS PRES W/OUT COUNSEL, STATES HE HAS BEEN ADV OF RIGHT TO ATT, DOES NOT WISH TO MAKE APPL, STATES HE HAS COUNSEL AND COUNSEL UNABLE TO BE PRESENT THIS DATE. NCSO DIRECTED TO PERMIT DEF MATHIS TO CONTACT COUNSEL IN RE REPRESENTATION. IN RE ALFONZO LOCKET, CT STATES INFO HAS BEEN FILED AND NOTICE OF RIGHTS FILED IN RE THIS MATTER. PURS TO STATUTE, CT MAKES INQUIRY OF ST. STATE ANNOUNCES CERTIFIED COPY OF INFO AND NOTICE OF RIGHTS WERE PROVIDED TO DEF AND HIS FATHER MONDAY IN THIS SAME COURTROOM. ATT TURNER STATES THAT MR. LOCKETT IS INDEED THE FATHER. STATE DIRECTED TO VERIFY AND COMPLY TO STATUTES IF NECESSARY. IN RE CLAYTON AND ALFONSO LOCKETT: ATTS TURNER AND GIBSON REQUEST CASE BE SET FOR PRE-PRELIMINARY HEARING. SET FOR PPH 7-19-99 AT 9:00 AM. DEF MATHIS' MATTER IS SET FOR ATTORNEYR REVIEW 6-11-99 AT 10:00 AM. DEFS REMANDED PENDING FUR ORDERS. PRE-PRELIMINARY HEARING IS TO BE BEFORE JUDGE GALBRAITH. CLERK TO ADVISE JUDGE GALBRAITH. $20.00
06/11/1999 ADVISED JUDGE GALBRAITH'S OFFICE OF 7-19 9AM SETTING-JV
06/16/1999 APPLICATION FOR TRANSFER OF SEIZED PROPERTY FILED
06/16/1999 ORDER FILED
07/01/1999 NOTICE OF INVOCATION OF CONSTITUTIONAL RIGHTS FILED
07/19/1999 CM-RHG - MATTER COMES ON FOR PRE-PRELIMINARY HEARING. ADA MARK GIBSON PRES FOR ST. ATT WESLEY GIBSON FOR CLAYTON LOCKETT. LEE TURNER PRES FOR ALFONZO LOCKETT ATT. CHERYL RAMSEY PRES FOR DEFENDANT MATHIS. PRELIMINARY HEARING SET FOR 10-18-99 AT 9:00 AM AND 10-20-99 AT 9:00 AM.
08/31/1999 AMENDED INFORMATION FILED $95.00
(Entry with fee only) $3.00
(Entry with fee only) $5.00
(Entry with fee only) $7.00
08/31/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
08/31/1999 MULTIPLE COUNT $95.00
(Entry with fee only) $5.00
(Entry with fee only) $3.00
(Entry with fee only) $7.00
09/10/1999 TO FILE ORG. TRANSCRIPT OF INITIAL APPEARANCE 6-7-99
09/10/1999 TO FILE ORG. TRANSCRIPT OF REVIEW HRG. (6-10-99)
09/10/1999 TO FILE ORG. TRANSCRIPT OF REVIEW HRG. (6-11-99)
09/10/1999 TO FILE ORG. TRANSCRIPT OF PROBABLE CAUSE HRG.(6-6-99
09/10/1999 ORDER FILED
09/10/1999 TO VR. #10216, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL 6-6-99 CF-99-53A,B,C COSTS $17.50, 6-7-99 CF-99-53A,B,C COSTS $25.00, 6-10-99 CF-99-53A,B,C COSTS $20.00, 6-11-99 CF-99-53A,B,C COSTS $10.00
09/30/1999 APPLICATION FOR DETERMINATION OF COMPETENCY FILED
09/30/1999 ORDER FOR HEARING APPLICAITON FILED
09/30/1999 NOTICE OF HEARING ISSUED - JERRY COOK-
09/30/1999 NOTICE OF HEARING FILED - SERVED J. COOK BY INVESTIGATOR DALE ANDERSON
10/01/1999 CM-DGA - ADA MARK GIBSON PRESENT FOR STATE. DEF. PRESENT WITH ATTY WES GIBSON. TARA DALE, COURT REPORTER, PRESENT.
10/01/1999 CM-DGA - ADA MARK GIBSON PRESENT FOR STATE, ATTY WES GIBSON PRESENT WITH DEFENDANT. INVESTIGATOR DALE
ANDERSON PRESENT. COURT REPORTER TARA DALE PRES. COMES ON FOR DEFS. APPLICATION FOR DETERMINATION OF COMPETENCY FILED 9-30-99. COURT EXAMINES APPLICATION; ATTY WES GIBSON PRESENTS APPLICATION INCLUDING DR. SMITHS REPORT. NO OBJECTION TO COURT'S EXAMINATION OF EXHIBIT. STATE OFFERS NO FURTHER EVIDENCE. COUNSEL WAIVE CLOSING. COURT FINDS,PURSUANT TO BURDEN OF PROOF THAT THERE IS DOUBT AS TO COMPETENCY & ORDERS DEF. BE EXAMINED. DHS TO BE ADVISED BY DIST.ATTY IF DETERMINED ANY MENTAL RETARDATION INVOLVED, IF APPLICABLE PURSUANT TO COMPETENCY DETERMINATION STATUTES. DEF. HAS REQUESTED BE SENT TO EASTERN STATE - AS HE MAY BE A DANGER TO HIMSELF. STATE & DEF. STIPULATE TO THAT. COURT DETERMINEES DEF. MAY BE THREAT TO SAFETY TO HIMSELF OR OTHERS. DRS SHALL RECEIVE INST. TO DETERMINE 1: ABLE TO APPRECIATE NATURE OF CHARGES;2: ABLE TO CONSULT W/ATTY & ASSIST IN DEFENSE;3: IF NO TO 1 OR 2, CAN HE REGAIN COMPETENCY WITHIN REASONABLE TIME, 4: IS HE MENTALLY ILL PERSON OR REQUIRING TREATMENT; 5: IF RELEASED WITOUT TREATMENT, POSE A THREAT TO HIMSELF OR A SIGNIFICANT THREAT TO OTHERS. COURT WILL APPROVE PROPOSED WRITTEN MEMORANDUM. DEF. REMANDED TO CUSTODY OF NOBLE COUNTY SHERIFF PENDING COMPLIANCE WITH TODAYS ORDER. FURTHER PROCEEDINGS STAYED PENDING COMPLIANCE WITH THIS ORDER. $20.00
10/01/1999 ORDER AT THE HEARING OF THE APPLICATION FOR DETERMINATION OF COMPETENCY AND TO DELIVER TO HOSPITAL FILED
10/04/1999 ORDER AT THE HEARING OF THE APPLICATION FOR DETERMINATION OF COMPETENCY AND TO DELIVER TO HOSPITAL FILED- SERVED 10-1-99
10/05/1999 SUBPOENA ISSUED - SUMMER HAIR - NCSO $20.00
10/05/1999 SUBPOENA ISSUED - BOBBY BORNT - NCSO $20.00
10/05/1999 SUBPOENA ISSUED - D.FARROW - NCSO $20.00
10/06/1999 SUBPOENA FILED- BOBBY BORNT SERVED -10-5-99
10/06/1999 SUBPOENA FILED- D.FARROW- SERVED 10-5-99
10/08/1999 SUBPOENA FILED- SUMMER HAIR -SERVED 10-7-99
10/12/1999 ORDER DENYING AN IMMEDIATE STAY OF PROCEEDINGS FILED
10/12/1999 NOTICE OF INTENT TO SEEK ESTRAORDINARY RELIEF AND DESIGNATION OF RECORD FILED
10/13/1999 TO ISSUE SUBPOENA - TERESE A. HALL - RETD TO DA'S OFFC
10/13/1999 SUBPOENA FILED - TERESE A. HALL SVD. BY FAX BY DA
10/15/1999 CM-RHG - PER PHONE CALL FROM JUDGE GALBRAITH:
10/15/1999 CM-RHG - ST PRES BY DA MARK GIBSON; ATTS RAMSEY AND W. GIBSON PRES BY PHONE; ATT TURNER PRESENT; MOTION FOR CONTINUANCE FILED BY ATT GIBSON; ST RESPONDS TO MOTION; CT GRANTS MOTION TO CONTINUE DUE TO DEF'S WITNESS NOT BEING AVAILABLE UNTIL 11-1-99. PH RESCHEDULED FOR 11-15 AND 11-16-99. ALL COUNSEL INDICATED THEY WERE AVAILABLE FOR THOSE DATES. COMPETENCY HEARING RESCHEDULED TO 11-1-99 AT 9 AM.
10/18/1999 TO ISSUE SUBPOENA--JERRY COOK--TO NCSO FOR SERVICE $20.00
10/18/1999 TO ISSUE SUBPOENA--RAY HENRY--TO NCSO FOR SERVICE $20.00
10/18/1999 TO ISSUE SUBPOENA--KYLE HARTWIG--TO NCSO FOR SERVICE $20.00
10/18/1999 TO ISSUE SUBPOENA--DAVID FARROW--TO NCSO FOR SERVICE $20.00
10/18/1999 TO ISSUE SUBPOENA--DEP. BILL BELLIEU--TO DA FOR SVC
10/18/1999 TO ISSUE SUBPOENA--TERESE A. HALL--TO DA FOR SVC
10/18/1999 TO ISSUE SUBPOENA--DEP. JODY BURD--TO DA FOR SVC
10/18/1999 ORDER DENYING PETITIONERS REQEST FOR WRIT OF PROHIBITION, HABEAS CORPUS AND/OR MANDAMUS FILED - COPY - ORIGINAL IN CJ-99-149
10/18/1999 SUBPOENA FILED - T.A.HALL -BY FAX 10-18-99
10/18/1999 SUBPOENA FILED - DEPUTY J. BURD -BY FAX 10-18-99
10/18/1999 SUBPOENA FILED - DEPUTY B. BELLIEU -BY FAX 10-18-99
10/18/1999 SUBPOENA FILED- J.COOK SERVED 10-18-99
10/18/1999 SUBPOENA FILED- R.HENRY SERVED 10-8-99
10/18/1999 SUBPOENA FILED- K. HARTWIG SERVED 10-18-99
10/19/1999 TO FILE ORG. TRANSCRIPT OF PHC -- HELD 7-19-99
10/19/1999 TO FILE ORG. TRANSCRIPT OF APPLICATION TO DETERMINE COMPETENCY HRG.
10/19/1999 ORDER FILED
10/19/1999 TO VR. #10308, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL (PHC $10.00 AND APPL. FOR COMPETENCY $22.50)
10/20/1999 TO FILE APPLICATION FOR JACKSON V. DENNO HEARING
10/21/1999 SUBPOENA FILED- D. FARROW-- SERVED 10-19-99
10/25/1999 PER PHONE CALL FROM JUDGE GALBRAITH, ATTY WES GIBSON IS FAXING A WAIVER OF JURY TRIAL WHICH IS SET FOR 11-1-99; WILL BE NON-JURY TRIAL;
10/25/1999 WITHDRAWAL OF REQUEST FOR JURY TRIAL FILED
11/01/1999 ORGINAL AND 2 TRANSCRIPTS OF PROCEEDINGS (10-15-99)
11/01/1999 ORDER FOR TRANSCRIPT FILED
11/01/1999 TO VR #10325, SHERRIE L. POWELL, TRANSCRIPTS PREL. & TRIAL -COSTS $47.50
11/01/1999 CM-RHG - COMES ON FOR POST EXAMINATION COMPETENCY HEARING. DEFENDANT PRESENT WITH COUNSEL OF RECORD. DA MARK GIBSON PRESENT FOR STATE. COURT REPORTER TARA DALE PRESENT AT REQUEST OF COURT. COUNSEL FOR DEFENDANT STATES THIS IS A HEARING REQUESTED BY STATE AND THAT STATE PUT ON THEIR WITNESSES FIRST, AS HIS WITNESS WILL BE HERE AT 10:00 AM. RESPONSE BY DA GIBSON, WHO ASKS THAT COURT DENY DEFENSE REQUEST. COURT RECESSES UNTIL 10:00 AM.
11/01/1999 CM-RHG - ALL PARTIES PRESENT W/COUNSEL. CT RPTR DALE PRES. DEF COUNSEL CALLS DR. JOHN RICHARD SMITH, WHO IS SWORN & TESTIFIED. CROSS EX BY DA GIBSON. REDIRECTN. BY ATT WESLEY GIBSON. QUESTIONED BY CT. EXCUSED. DEF CALLS WITNESS DALE ANDERSON, OIDS INVESTIGATOR. OBJECTION BY DA MARK GIBSON, WHO ASKS THAT MR. WESLEY GIBSON BE HELD IN CONTEMPT. ATT WES GIBSON ALLOWED TO TESTIFY, SWORN AND TESTIFIED, CROSS EXAMINED BY ST. WITNESS EXCUSED. DEF RESTS. STATE DEMURRERS TO EVIDENCE. OVERRULED. RECESS.
11/01/1999 CM-RHG - ALL PARTIES PRESENT W/COUNSEL. STATE CALLS OSAGE COUNTY DEPUTY JODY BURD, WHO IS SWORN. OBJECTION TO TESTIMONY BY ATT WES GIBSON. WITNESS ALLOWED TO TESTIFY. WITNESS EXCUSED. ST CALLS DEPUTY BILL BELLIEU, SWORN. OBJECTION TO TESTIMONY BY ATT WESLEY GIBSON. OVERRULED. WITNESS ALLOWED TO TESTIFY. WITNESS EXCUSED. ADJOURNED UNTIL 1PM.
11/01/1999 CM-RHG - ALL PARTIES PRESENT W/COUNSEL. ST. CALLS DR. TERESE HALL, EASTERN STATE HOSPITAL, WHO IS SWORN AND TESTIFIED, CROSS EXAMINATION BY ATT WES GIBSON. REDIRECT BY DA GIBSON. QUESTIONED BY COURT. WITNESS EXCUSED. ST CALLS DEPUTY KYLE HARTWIG, WHO IS SWORN AND TESTIFIED. CROSS EXAMINED. REDIRECT. RECROSS. WITNESS EXCUSED. ST CALLS UNDERSHERIFF RAYMOND HENRY, WHO IS SWORN AND TESTIFIED. CROSS EXAMINATION. REDIRECT. RECROSS. WITNESS EXCUSED. ST CALLS DETECTIVE DAVID FARROW, WHO IS SWORN AND TESTIFIED. WITNESS EXCUSED. STATE RESTS. CLOSING BY BOTH COUNSEL. RECESS.
11/01/1999 CM-RHG - ALL PARTIES PRESENT W/COUNSEL. CT RPTR PRES. CT FINDS THAT DEFENSE HAS NOT MET BURDEN OF PROOF TO SHOW DEF IS UNABLE TO UNDERSTAND CHARGES OR IS UNABLE O TO EFFECTIVELY ASSIST HIS COUNSEL IN HIS DEFENSE. THE COURT DIRECTS SHERIFF'S OFFICE TO MAKE SURE DEF HAS PSYCHIATRIST MADE AVAILABLE TO HIM TO SEE THAT HE GETS ANY TREATMENT AND/MEDICATION HE MIGHT NEED. STAY N IN PROCEEDINGS IS LIFTED.
11/03/1999 TO ISSUE SUBPOENA--RAYMOND HENRY--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--T. WHEATLEY--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--D. FARROW--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--S. DARK--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--R. CONNER--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--F. LEVALLEY--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--Q. TUBBS--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--C. POWELL--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--L. ERRIGO--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--S. HAIR $30.00
11/03/1999 TO ISSUE SUBPOENA--B. BORNT $30.00
11/03/1999 TO ISSUE SUBPOENA--D. ATKINSON $30.00
11/03/1999 TO ISSUE SUBPOENA--T. MILLER--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--D. WILSON--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--C. COUNTRYMAN--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--D. BROWN--RETD TO DEFENSE
11/03/1999 TO ISSUE SUBPOENA--T. NICHOLS--RETD TO DEFENSE
11/09/1999 SUBPOENA FILED- S.DARK SERVED 11-33-99
11/09/1999 SUBPOENA FILED- L. ERRIGO SERVED 11-3-99
11/09/1999 SUBPOENA FILED- D. FARROW SERVED 11-3-99
11/09/1999 SUBPOENA FILED- F. LEVALLEY SERVED 11-3-99
11/09/1999 SUBPOENA FILED- Q. TUBBS SERVED 11-3-99
11/09/1999 SUBPOENA FILED- C. POWELL SERVED 11-3-99
11/09/1999 SUBPOENA FILED- R. CONNER SERVED 11-3-99
11/09/1999 SUBPOENA FILED- R.HENRY SERVED 11-3-99
11/09/1999 SUBPOENA FILED- T. WHEATLEY SERVED 11-3-99
11/09/1999 SUBPOENA FILED- C. COUNTRYMAN SERVED 11-3-99
11/09/1999 SUBPOENA FILED- T. NICHOLS SERVED 11-3-99
11/09/1999 SUBPOENA FILED- T. MILLER SERVED 11-3-99
11/09/1999 SUBPOENA FILED- D. BROWN SERVED 11-3-99
11/09/1999 SUBPOENA FILED- B. BORNT SERVED 11-8-99
11/09/1999 SUBPOENA FILED- D. ATKINSON SERVED 11-3-99
11/09/1999 SUBPOENA FILED- S. HAIR SERVED 11-8-99
11/15/1999 SUBPOENA FILED- D. WILSON SERVED 11-9-99
11/15/1999 SUBPOENA ISSUED- DR. P. AVILA -RET TO DEF.
11/15/1999 TO FILE INVOCATION OF THE PRESUMPTION OF MATERIALITY AS TO ENDORSED WITNESSES AND REQUEST FOR RULING THAT ALL ENDORSED WITNESSES ARE PRESUMED MATERIAL WITNESSES AT PRELIMINARY HEARING BY THE FACT OF ENDORSEMENT WITH COMBINED BRIEF IN SUPPORT
11/15/1999 CM-RHG -COMES ON FOR PRELIMINARY HEARING. (SAME MINUTE IN CF-99-53B AND CF-99-53C. ALL THREE DEFS PRES W/COUNSEL OF RECORD. DA MARK GIBSON PRESENT FOR STATE. CT RPTR TARA DALE PRESENT. RULE CALLED FOR AND INVOKED. ALL WITNESSES ADMONISHED BY COURT AND ARE ON CALL. STATE CALLS SUMMER HAIR, WHO IS SWORN AND TESTIFIED. RECESS TILL 20 TILL 11.
11/15/1999 CM-RHG - COURT RECONVENES W/ALL PARTIES PRESENT. FURTHER REDIRECT BY ST. CROSS BY ATTS WES GIBSON AND CHERYL RAMSEY. RECESS UNTIL 1:30 PM.
11/15/1999 CM-RHG - CONTINUATION OF PH W/ALL PARTIES PRESENT. CROSS EXAMINATION OF ST'S WITNESS SUMMER HAIR BY ATT LEE TURNER. REDIRECT BY ST. RECROSS BY ATTS WES GIBSON AND LEE TURNER. WITNESS EXCUSED. RECESS. CT RECONVENES. ST CALLS BOBBY LEE BORNT, WHO IS SWORN AND TESTIFIED, IDENTIFIES DEFENDANT CLAYTON LOCKETT, IDENTIFIES DEFENDANT ALFONZO LOCKETT, AND IDENTIFIES DEFENDANT MATHIS. CROSS EXAMINATION BY ATT WES GIBSON. ATT WES GIBSON OFFERS DEF'S EX #1; NO OBJ; RECD BY CT. RECESS.
11/15/1999 CM-RHG - CONTINUATION OF PH. ALL PARTIES PRESENT. CROSS EXAMINATION OF WITNESS BORNT BY ATTS CHERYL RAMSEY AND LEE TURNER. IN RECESS UNTIL 11-16-99 AT 9:00AM.
11/16/1999 TO FILE SUBPOENA--DR. PATRICIO AVILA--SERVED
11/16/1999 CM-RHG - COMES ON FOR 2ND DAY OF PH. ALL PARTIES PRESENT W/COUNSEL. DA MARK GIBSON PRES FOR ST. CT RPTR TARA DALE PRESENT. ST CALLS LT. DAVID FARROW, WHO IS SWORN AND TESTIFIED, IDENTIFIES DEF SHAWN MATHIS, IDENTIFIES DEFENDANT CLAYTON LOCKETT, IDENTIFIES DEFENDANT ALFONZO LOCKETT. CROSS EXAMINATION BY ATTS WES GIBSON AND CHERYL RAMSEY. BREAK UNTIL 11:15.
11/16/1999 CM-RHG - PH CONTINUES W/ALL PARTIES PRESENT. CROSS EXAMINATION OF LT. FARROW BY ATT LEE TURNER. ST OFFERS CERTIFIED COPY OF CHIEF MED EXAMINER'S REPORT IN RE DEATH OF STEPHANIE NIEMANN, COPIES HAVING BEEN PROVIDED TO ALL DEFENSE COUNSEL. NO OBJ. ST'S EX 1 RECD BY CT. ST'S EX #2 OFFERED; NO OBJ AS FOR PURPOSES OF PH. SO RECEIVED BY CT. ST OFFERS ST'S EXHIBITS 3,4,5, AND 6. NO OBJ. RECD B CT. ST RESTS. RECESS UNTIL 1:30 PM.
11/16/1999 CM-RHG - ALL PARTIES PRESENT W/COUNSEL. CT RPTR TARA DALE PRES. CT STATES IT WILL CUT OFF PRELIMINARY HEARING. ATT WES GIBSON FOR DEF CLAYTON LOCKETT PRESENTS MOTION NOT TO TERMINATE PRELIMINARY HEARING AND ALSO DEMURRERS TO EVIDENCE AS PRESENTED. ATT CHERYL RAMSEY PRESENTS OBJECTION TO CUTOFF OF PRELIMINARY HEARING AND REQUESTS CT NOT TERMINATE PRELIMINARY HEARING AND ALSO DEMURRERS TO EVIDENCE. ATT TURNER PRESENTS AND ADOPTS MR. WES GIBSON'S MOTION AND DEMURRERS TO EVIDENCE. RESPONSE BY DA MARK GIBSON, WHO ASKS CT TO DENY DEFENDANTS' MOTIONS, ASKS ST TO BIND OVER DEFS CLAYTON LOCKETT AND SHAWN MATHIS ON ALL CTS AND FOR FURTHER BIND OVER AS TO CT 6 AND CT 15, AND TO MAKE APPROPRIATE ADJUSTMENTS OF OTHER CTS OF THE INFORMATION. CT DOES CUT OFF PH AT THIS TIME. DEMURRERS ALL OVERRULED. CT, AS TO CTS 15 AND 16, FINDS THAT SHAWN MATHIS AND CLAYTON LOCKETT SHOULD BE BOUND OVER ON BOTH CTS, ALLOWS EXCEPTION TO THAT RULING. (NEW CT 6, CHARGE OF ORAL SODOMY AGAINST ALFONZO LOCKET, AND NEW CT 15 CHARGES CLAYTON LOCKETT WITH ORAL SODOMY). CT RESERVES RULINGS ON ALFONZO LOCKETT. CT BINDS OVER SHAWN CHRISTOPHER MATHIS & CLAYTON LOCKETT ON CTS 1,2,3,4,5,6,7,8,9,10,11,12,13,14,AMENDED 15 OF ORAL SODOMY, CTS 16,17,18 (AMENDED FORCIBLE SODOMY), CT 19 (CHARGE OF FORCIBLE ORAL SODOMY) FOR ARR FOR 12-3-99 AT 9:00 AM BEFORE JUDGE D. W. BOYD. BONDS, IF ANY, TO REMAIN IN EFFECT. ATT RAMSEY REQUESTS COPY OF TRANSCRIPT AT ST'S EXPENSE. SO ORDERED. ATT WES GIBSON REQUESTS SAME. SO ORDERED. RECESS.
11/16/1999 CM-RHG - PRESENT ARE DEFENDANT ALFONZO V. LOCKETT W/ATT LEE TURNER, DA MARK GIBSON, AND CT RPTR TARA DALE. ATT TURNER PRESENTS MOTION TO CERTIFY DEF AS CHILD/YOUTHFUL OFFENDER STATUS. RESPONSE BY DA GIBSON. FURTHER RESPONSE BY ATT TURNER. ON CT 17, MURDER 1ST DEGREE, ON MOTION TO CERTIFY AS CHILD OR YOUTHFUL OFFENDER, CT MAKES FINDING THAT HE SHOULD BE TREATED AS AN ADULT. AS TO WHICH CHGS APPLY UNDER YOUTHFUL OFFENDER ACT, CT FINDS CTS 2, 6,7,8,13,14,AND NEW CTS OF 18 AND 19 OF FORCIBLE ORAL SODOMY ALL QUALIFY UNDER YOUTHFUL OFFENDER STATUTES AND DEF ALFONZO LOCKETT IS BOUND OVER AS YOUTHFUL OFFENDER AS TO ALL THOSE CHARGES. AS TO CTS 1,3,4,AND 5, 9, 10, 11, AND 12, 15, 17, CT FINDS THOSE CRIMES ARE NOT ALLEGED UNDER YOUTHFUL OFFENDER ACT. THEREFORE, CT FINDS DEF WAS JUVENILE WHEN HE COMMITTED THOSE OFFENSES AND REFERS THOSE CHGS TO JUVENILE DIVISION OF THE CT. DEF TO BE ARR 12-3-99 AT 9:00 AM BEFORE JUDGE D. W. BOYD. ANY BOND TO REMAIN IN EFFECT. ATT TURNER ORALLY MOVES THAT DEF ALFONZO LOCKET BE FOUND INDIGENT AND ASKS THAT TRANSCRIPT BE PROVIDED AT STATE'S EXPENSE. SO ORDERED. CT ALSO BINDS DEF OVER AS YOUTHFUL OFFENDER ON CTS 18 AND 19.
11/22/1999 TO FILE JOURNAL ENTRY
11/24/1999 NOTICE OF INTENT TO SEEK EXTRAORDINARY RELIEF AND DESIGATION OF RECORD FILED
11/29/1999 2ND AMENDED INFORMATION FILED $95.00
(Entry with fee only) $3.00
(Entry with fee only) $5.00
(Entry with fee only) $7.00
11/29/1999 FILE, ENTER, RECORD INFORMATION $95.00
(Entry with fee only) $3.00
(Entry with fee only) $5.00
(Entry with fee only) $7.00
12/03/1999 DEMURRER TO INFORMATION; MOTION TO QUASH INFORMATION; MOTION TO SET ASIDE INFORMATION FILED
12/03/1999 MOTION TO COMPEL DEFENDANT TO SUBMIT TO BODY SAMPLES FILED
12/03/1999 BILL OF PARTICULARS IN RE PUNISHMENT FILED
12/03/1999 CM-DWB - DA MARK GIBSON, ADA JOHN LAWSON PRES FOR STATE. DEF MATHIS PRESENT WITH ATTY CHERYL RAMSEY, DEF. LOCKETT PRESENT W/ ATTY WES GIBSON. COURT REPORTER TARA DALE PRESENT. COMES ON FOR ARRAIGNMENT ON DEF. MATHIS. DEF. HAS REC COPY OF 2ND AMENDED INFO, NAME, DOB & SSN ARE CORRECT, WAIVES READING OF SAME. DEF. ADVISED OF CHARGES AGAINST HIM, CTS 1-19, ALL AFC. DEF. ENTERS PLEA OF NOT GUILTY AS TO ALL COUNTS, AS WELL AS TO 2ND PAGE. SET FOR JURY DOCKET, SPRING 2000, TERM BEGINNING MARCH 27, 2000. SET FOR SHAKEDOWN DOCKET FOR 2-18-2000, 9:00AM TO DETERMINE DATES, CASE WILL HAVE PRIORITY. ATTY RAMSEY HAS NO CONFLICTS, AND HAS RESERVED FILING OF MOTIONS,UNTIL COMPLETION OF PRELIM.HEARING TRANSCRIPT,NOTED BY COURT. COURT ENTERS DISCOVERY ORDER AS REQUESTED BY BOTH PARTIES, JOINTLY,COMPLIANCE BY ST. NOT LATER THAN 1-7-2000, W/1 PROVISO AS TO BODY SAMPLES & ASKS CT FOR LEAVE IN THAT REGARD AS DNA WILL NOT BE READY BY THAT DATE. ATTY RAMSEY WILL AGREE TO BODY SAMPLES, REQ. CT ORDER OSBI PROVIDE AS QUICKLY AS POSSIBLE,BY 1-7-2000. ALSO REQ. TO HAVE EXPERT PRES. WHEN SAMPLES ARE TESTED. COURT ORDERS STATE'S DNA TESTING BE COMPLETED BY 1-31-2000, DA MAY PROVIDE COPY OF THIS ORDER TO OSBI TO FACILITATE THIS. DEFENSE SHALL DISCLOSE BY 2-11-2000, IF NEED REDACTION BY 2-4-2000; MOTIONS TO BE FILED BY 1-31-00, W/EXCEPTION OF DNA, TO BE HEARD 2-18-2000, 1:30 PM. STATE HAS FILED MOTION TO SUPPLY BODY SAMPLES, DEF. HAS NO OBJECTION, & AGREES TO MOTION & JOINS IN MOTION TO HAVE SAMPLES TAKEN- SUSTAINED. STATE HAS FILED & PROVIDED BILL OF PARTICULARS TO DEF. RECESS AS TO MR. MATHIS. DEF. REMANDED TO CUSTODY OF NOBLE COUNTY SHERIFF. COMES ON FOR ARR. AS TO DEF. CLAYTON LOCKETT. ATTY W.GIBSON HAS FILED MOTIONS, ONE OF WHICH BEING THIS COURT DOES NOT HAVE JURISDICTION DUE TO THEIR POSITION THAT PROPER PH HAS NOT BEEN HELD. RESPONSE BY DA GIBSON. FINAL ARGUMENT BY ATTY W. GIBSON. COURT NOTES THAT DEF. HAS NOT CITED ANY CASE WHERE CT. OF CR.APPEALS HAS FOUND STAT.UNCONSTITUTIONAL. 2ND- AS TO TERMINATION OF PH, CT HAS NO EVIDENCE THAT THERE WERE LOGS/REPORTS AVAILABLE TO DA WHICH SHOULD HAVE BEEN DELIVERED TO DEF. 5 DAYS PRIOR TO PH. COURT OVERRULES DEMURRER TO INFO, OVERRULES MOTION TO QUASH, OVERRULE MOTION TO SET ASIDE; COMES ON FOR ARRAIGNMENT. DEF. IS PROVIDED COPY OF 2ND AMENDED INFO., WAIVES READING OF SAME,ACK. NAME,DOB,SSN ARE CORRECT. DEF.WILL REFUSE TO PLEAD & STANDS MUTE ON ALL COUNTS. COURT WILL ENTER PLEA OF NOT GUILTY FOR DEF. AS TO ALL COUNTS; DEF. STANDS MUTE AS TO PAGE 2, COURT ENTERS PLEA OF NOT GUILTY FOR DEF. SET FOR TRIAL SPRING 2000, COMMENCING 3-27-2000. SET FOR 2-18-2000 AT 10:00AM FOR SHAKEDOWN, TO DETERMINE CONFLICTS, & READINESS. AS TO DISCOVERY ORDER, STATE REQUEST SAME AS TO DEF. MATHIS, ATTY W. GIBSON HAS NO OBJECTION AS TO SAME ORDER AT THIS TIME. AS TO DNA TESTING WOULD LIKE ADDITIONAL TIME. SET FOR HEARING WED. DEC. 8, 1999 AT 9:00AM. BILL OF PARTICULARS HAS BEEN PROVIDED TO COUNSEL. DEF. REMANDED TO CUSTODY OF SHERIFF.
12/03/1999 CRIMINAL DISCOVERY & SCHEDULING ORDER FILED - COPY MAILED TO ATTY WES GIBSON, HAND DELIVERED TO DA GIBSON
12/08/1999 ORDER COMPELLING BODY SAMPLES FILED
12/22/1999 ORDER FILED
12/22/1999 TO VR. #10366, TARA DALE, TRANSCRIPT PRELIM. & TRIAL --COSTS VOL. I-$597.50, II-$340.00
12/22/1999 TO FILE ORG. AND 4 COPIES OF VOLUME I AND VOLUME II O PRELIMINARY HEARING TRANSCRIPT HELD 11-15-99 VOL. II OF P.H. HELD ON 11-15-99
01/07/2000 CM-DWB - BY CONFERENCE CALL, ATTY CHERYL RAMSEY PRESENT FOR DEF. MATHIS, ATTY GARY JAMES FOR DEF. CLAYTON LOCKETT, DISTRICT ATTORNEY MARK GIBSON AND ATTY BOB MANCHESTER AS CO-COUNSEL FOR DEF. MATHIS. DEFENDANT CLAYTON LOCKETT'S MOTION TO CONTINUE TRIAL IS SUSTAINED OVER OBJECTIONS OF STATE AND DEFENDANT MATHIS. NEW SCHEDULING ORDER ENTERED BY COURT: JURY TRIAL 8-14-2000 AT 9:00 AM, PRE-TRIAL 7-21-2000 AT 9:00 AM; MOTION HEARING AND DISCOVERY COMPLIANCE HEARING SET FOR 6-16-2000 AT 9:00 AM. CUT-OFF FOR DISPOSITIVE MOTIONS 5-19-2000; STATE TO PROVIDE DISCOVERY PREVIOUSLY ORDERED BY 1-21-2000. DEFENDANTS TO PROVIDE DISCOVERY PREVIOUSLY ORDERED BY 3-17-2000. ATTY RAMSEY TO PREPARE AND CIRCULATE ORDER SETTING FOR THESE DATES.
01/10/2000 MOTION TO ENDORSE ADDITIONAL WITNESS & ORDER FILED
01/11/2000 ENTRY OF APPEARANCE FILED- GARY J. JAMES
01/18/2000 TO FILE ORG. AND 4 COPIES (COPIES DISTRIBUTED TO ATTY OF RECORD) OF PRELIMINARY HRG. (11-16-99)
01/18/2000 ORDER FILED
01/18/2000 TO VR. #10366, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL --COSTS $407.50
01/24/2000 ADDITIONAL ANTICIPATED TESTIMONY FILED
01/24/2000 EVIDENCE LIST FILED
01/24/2000 ORDER FILED
04/10/2000 MOTION TO RESET PRE-TRIAL CONFERENCE FILED
04/10/2000 MOTION TO RESET PRE- TRIAL CONFERENCE AND ORDER FILED
04/18/2000 ORDER FILED
04/18/2000 TO VR. #10473, TARA DALE, TRANSCRIPT PRELIM. & TRIAL --COSTS $425.00
04/18/2000 TO FILE ORG. TRANSCRIPT OF COMPETENCY HEARING HELD 11-1-99.
05/05/2000 TO FILE ORG. TRANSCRIPT OF ARRAIGNMENT AND MOTIONS
05/05/2000 ORDER FILED
05/05/2000 TO VR. #10599, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL --COSTS $75.00
05/18/2000 MOTION TO COMPEL DISCOVERY COMPLIANCE FILED
05/18/2000 MOTION IN LIMINE FILED
05/18/2000 NOTICE OF INTENT TO USE VICTIM IMPACT EVIDENCE FILED
05/18/2000 MOTION FOR INDIVIDUAL VOIR DIRE FILED
05/26/2000 APPLICATION TO SET DATE FOR STATE'S MOTION TO COMPEL DISCOVERY AND ORDER FILED
06/02/2000 SUPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR ALLOCUTION RIGHT--FILED
06/02/2000 MOTION FOR PRODUCTION OF JUROR LIST--FILED
06/02/2000 MOTION TO DECLARE OKLAHOMA CRIMINAL DISCOVERY CODE 22 O.S SECTION 2002 UNCONSTITUTIONAL--FILED
06/02/2000 MOTION TO SEVER--FILED
06/02/2000 MOTION IN LIMINE REGARDING INTRODUCTION OF CRIME SCENE PHOTOGRAPHS AND BLOOD-SOAKED EVIDENCE--FILED
06/02/2000 DEFENDANT'S SUPPLEMENTAL OBJECTION TO VERDICT FORM RE: "CONTINUING THREAT"--FILED
06/02/2000 MOTION TO ALLOW TESTIMONY CONCERNING EXECUTION--FILED
06/02/2000 DEFENDANT'S OBJECTION TO JURY FORM RE: "CONTINUING THREAT"--FILED
06/02/2000 DEFENDANT'S OBJECTION TO UNIFORM JURY INSTRUCTIONS REGARDING THE WEIGHING OF AGGRAVATING CIRCUMSTANCES AGAINST MITIGATING CIRCUMSTANCES--FILED
06/02/2000 DEFENDANT'S OBJECTION TO STANDARD JURY INSTRUCTION RE: EVALUATION OF MITIGATING EVIDENCE--FILED
06/02/2000 MOTION TO PROHIBIT PROSECUTION FROM EXCLUDING POTENTIAL JURORS WHO EXPRESS RESERVATIONS REGARDING THE DEATH PENALTY
06/02/2000 MOTION TO STRIKE UNADJUDICATED OFFENSES ALLEGED IN SUPPORT OF "CONTINUING THREAT" AGGRAVATING CIRCUMSTANCE-
06/02/2000 MEMORANDUM BRIEF IN SUPPORT OF MOTION TO STRIKE THE AGGRAVATING CIRCUMSTANCE "HEINOUS, ATROCIOUS, OF CRUEL"--FILED
06/02/2000 MOTION TO ENJOIN VICTIM'S FAMILY AND/OR VICTIM'S RIGHTS ADVOCATES FROM SHOWING EMOTION IN THE COURTROOM WHILE SITTING AS SPECTATORS AND BRIEF IN SUPPORT--FILED
06/02/2000 MOTION FOR PROTECTIVE ORDER RE: EVIDENCE, DOCUMENTS, EXHIBITS IN POSSESSION OF THE DEFENSE WHICH WOULD TEND TO IMPEACH ANY STATES WITNESS--FILED
06/02/2000 MOTION TO MAKE BILL OF PARTICULARS MORE DEFINITE AND CERTAIN--FILED
06/02/2000 CM-DWB - DEF CLAYTON LOCKETT PRES W/ATT JAMES. DA MARK GIBSON PRES FOR ST. COMES ON ON MOTION OF ST TO COMPEL COMPLIANCE WITH PRETRIAL ORDERS AND COMPLIANCE WITH
DISCOVERY. CT RPTR TARA DALE PRESENT AT REQ OF CT. CT HAS HAD IN CAMERA CONF W/STATE AND ATT JAMES, HAS BEEN ADVISED DEFENSE HAS FILED MOTIONS TO BE HEARD 6-16-2000. CT DIRECTS DEFENSE TO SUBMIT WITNESS AND EX LIST FILED BY 6-30-2000. AS TO STAGE 2 WITNESSES, CT REQUIRES DEF TO FILE DISCOVERY COMP WITNESS AND EX LIST, BOTH STAGE 1 AND STAGE 2, BY 6-30-2000. MOTIONS FILED THIS MORNING WILL BE HEARD 6-16-2000. CT SETS 6-23-2000 AS LAST DATE FOR FILING ANY MOTIONS OTHER THAN EVIDENCIARY MOTIONS. MOTIONS IN LIMINE TO BE FILED BY 6-30-2000. ANY OTHER MOTIONS TO BE CONSIDERED AT PRETRIAL 7-12-2000. CLERK TO SEND NOTICE OF ABOVE TO ATT RAMSEY. CT ENTERS SAME ORDERS AS TO DEF MATHIS THAT MOTIONS IN LIMINE DUE BY 6-30-2000, CLERK TO NOTIFY COUNSEL RAMSEY FOR DEF. ATT JAMES TO SEND SCHEDULE OF MOTIONS TO JUDGE BOYD A FEW DAYS BEFORE 6-16-2000, TO PROVIDE CT COURTESY COPIES TODAY OF MOTIONS FILED TODAY. IF MOTIONS NOT ALL HEARD BY END OF 6-16-2000, CT WILL HEAR REMAINING MOTIONS 7-12-2000 AND IF MOTIONS AND PRETRIAL NOT CONCLUDED 7-12-2000, CT WILL CARRY OVER AT 9 AM 7-13-2000. CLERK TO ALSO NOTIFY ATT RAMSEY OF ABOVE, THAT CT IS HOLDING OVER 13TH OF JULY AT 9AM. CT ALSO SETS JACKSON V DENNO FOR 9 AM 7-13-2000. CLERK TO ALSO NOTIFY ATT RAMSEY OF SAME. $20.00
06/02/2000 MAILED ATT C. RAMSEY COPY OF ABOVE MINUTE AND ALSO CALLED HER OFFICE ON BEHALF OF JUDGE BOYD. HER SECRETARY STATED SHE HAS 7-13-2000 CLEAR.--JMV
06/02/2000 MOTION IN LIMINE, RE: PROSECUTORIAL MISCONDUCT--FILED
06/02/2000 MOTION TO PRECLUDE PROSECUTION FROM USING PREEMPTORY CHALLENGES TO EXCLUDE MINORITY RACES OF POOR JURORS--FILED
06/02/2000 MOTION IN LIMINE RE: VICTIM IMPACT EVIDENCE--FILED
06/02/2000 MOTION TO LIFE QUALIFY THE JURY--FILED
06/02/2000 MOTION FOR ORDER SETTING DISCOVERY MOTION TO PRODUCE--FILED
06/02/2000 MOTION FOR JUDICIAL NOTICE OF PRETRIAL PUBLICITY MOTION TO RESERVE APPLICATION TO CHANGE VENUE--FILED
06/02/2000 BRIEF IN SUPPORT OF MOTION TO STRIKE DEATH PENALTY SENTENCING PROCEDURE AS UNCONSTITUTIONAL--FILED
06/02/2000 SUPPLEMENTARY BRIEF IN SUPPORT FOR ADDITIONAL PEREMPTORY CHALLENGES--FILED
06/02/2000 MOTION TO STRIKE BILL OF PARTICULARS AND DECLARE DEATH PENALTY UNCONSTITUTIONAL ON THE GROUNDS THAT THE DEATH PENALTY HAS NO DETERRENT VALUE AND REQUEST FOR EVIDENTIARY HEARING
06/02/2000 MOTION FOR PRODUCTION--FILED
06/02/2000 DEMURRER--FILED
06/02/2000 MOTION TO COMPEL DISCLOSURE OF ANY EVIDENCE FAVORABLE TO DEFENDANT--FILED
06/02/2000 MOTION TO QUASH INFORMATION--FILED
06/02/2000 MOTION FOR INDIVIDUAL VOIR DIRE OF JURORS CONCERNING THE DEATH PENALTY AND PRETRIAL PUBLICITY--FILED
06/02/2000 MOTION TO ADJOURN AT A REASONABLE TIME--FILED
06/02/2000 MOTION TO ALLOW VOIR DIRE ON THE COST-EFFECTIVENESS OF THE DEATH PENALTY--FILED
06/02/2000 BRIEF IN SUPPORT OF MOTION TO ALLOW TESTIMONY REGARDING THE COST-EFFECTIVENESS OF THE DEATH PENALTY--FILED
06/02/2000 THE DEFENDANT'S MOTION TO STRIKE "HEINOUS, ATROCIOUS AND CRUEL" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONAL--FILED
06/02/2000 MOTION TO ENDORSE ALL "JAIL HOUSE" INFORMANTS--FILED
06/02/2000 STIPULATION TO CORPUS DELICTI--FILED
06/02/2000 DEMURRER TO THE BILL OF PARTICULARS--FILED
06/02/2000 MOTION FOR SPECIAL DISCOVERY--FILED
06/02/2000 MOTION FOR PRODUCTION OF JUROR LIST--FILED
06/02/2000 MEMORANDUM BRIEF IN SUPPORT OF MOTION TO STRIKE THE AGGRAVATING CIRCUMSTANCE" CONTINUING THREAT" AS UNCON STITUTIONAL--FILED
06/02/2000 MOTION TO REQUIRE THE STATE TO PROVIDE VICTIM IMPACT STATEMENTS PRIOR TO TRIAL AND REQUEST FOR EVIDENTIARY HEARING AND BRIEF IN SUPPORT--FILED
06/02/2000 MOTION FOR ALLOCUTION RIGHT--FILED
06/02/2000 MOTION IN LIMINE REGARDING INTRODUCTION OF CRIME SCENE PHOTOGRAPHS AND BLOOD-SOAKED EVIDENCE--FILED
06/02/2000 MOTION FOR COURT REPORTER--FILED
06/02/2000 OBJECTION TO STANDARD OF ASSISTANCE OF COUNSEL IMPOSED BY UNITED STATES SUPREME COURT AND NOTICE OF NON-WAIVER OF ISSUES AND OBJECTIVES--FILED
06/13/2000 REPLY TO DEFENDANT CLAYTON DERRELL LOCKETT'S MOTION TO SEVER FILED
06/13/2000 REPLY TO DEFENDANTS' MOTIONS FOR ADDITIONAL PEREMPTORY CHALLENGES FILED
06/15/2000 REPLY TO CLAYTON DERRELL LOCKETT'S OFFER TO STIPULATE TO CORUPUS DELICTI FILED
06/15/2000 REPLY TO CLAYTON DERRELL LOCKETT'S MOTION TO ALLOW TESTIMONY DESCRIBING EXECUTIONS FILED
06/15/2000 REPLY TO MOTION CLAYTON DERRELL LOCKETT'S MOTION TO ALLOW RIGHT OF ALLOCUTION FILED
06/15/2000 REPLY TO CLAYTON DERRELL LOCKETT'S MOTION TO EXCLUDE "BLOOD SOAKED" EVIDENCE FILED
06/15/2000 REPLY TO CLAYTON DERRELL LOCKETT'S MOTION TO STRIKE UNADJUDICATED OFFENSES DEMONSTRATING A CONTINUING THREAT FILED
06/15/2000 REPLY TO CLAYTON DERRELL LOCKETT'S OBJECTION TO THE "CONTUNUING THREAT" JURY INSTRUCTION FILED
06/15/2000 REPLY TO SHAWN MATHIS' MOTION TO STRIKE THE DEATH PENALTY AS UNCONSTITUTIONAL FILED
06/15/2000 REPLY TO OBJECTION TO THE CONSTITUTIONALITY CONTINUING THREAT AGGRAVATING CIMCUMSTANCE FILED
06/15/2000 REPLY TO OBJECTION CHALLENGE OF CONSTITUTION ALITY HEINOUS, ATROCIOUS, OR CRUEL AGGRAVATING CIMCUMSTANCE FILED
06/15/2000 REPLY TO OBJECTING CHALLENGE OF CONSTITUTIONALITY THE DEATH PENALTY BASED ON A LACK OF DETERRENT EFFECT FILED
06/15/2000 REPLY TO MOTION TO ALLOW VOIR DIRE AND TESTIMONY ON THE COST-EFFECTIVENESS OF THE DEATH PENALTY FILED
06/15/2000 REPLY TO MOTION TO PRECLUDE THE STATE FROM USING PERE,PTORY CHALLENGES BASED ON RACE OR SOCIAL CLASS FILED
06/15/2000 ORDER FILED
06/15/2000 TO VR. #10628, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL, -COSTS $42.50
06/15/2000 ORG. AND TWO COPIES OF MOTION HRG. FILED (6-2-00)
06/16/2000 CM-DWB - SAME MINUTE IN CF-99-53B, MATHIS. DEFS LOCKETT AND MATHIS BOTH PRESENT WITH COUNSEL OF RECORD, DEF MATHIS W/ATT CHERYL RAMSEY AND DEFENDANT CLAYTON LOCKETT PRESENT W/ATTORNEY GARY JAMES. DA MARK GIBSON PRESENT FOR STATE. CT RPTR TARA DALE
PRESENT. MOTION #1, DEMURRER, PRESENTED; OVERRULED. #2, MOTION TO DISMISS, OVERRULED. MOTION FOR CHANGE OF VENUE OVERRULED. #4, MOTION TOQUASH BILL OF PARTICULARS & DECLARE DEATH PENALTY UNCONSTITUTIONAL, OVERRULED. #5, MOTION TOSTRIKE BILL OF PARTICULARS & DECLARE DEATH PENALTY UNCONSTITUTIONAL, OVERRULED. #6, MOTION TO STRIKE "CONTINUING THREAT" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONALLY VAGUE, OVERRULED. #7, MOTION TO STRIKE "AVOID ARREST" AGGRAVATING CIRCUMSTANCE, OVERRULED. #8, MOTION TO STRIKE "GREAT RISK OF DEATH" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONALLY VAGUE OVERRULED. #9 MOTION TO STRIKE AGGRAVATING CIRCUMSTANCE "HEINOUS, ATROCIOUS, OR CRUEL" OVERRULED. #10 MOTION TO STRIKE DUPLICITOUS AGGRAVATING CIRCUMSTANCES OVERRULED. #11 MOTION TO MAKE BILL OF PARTICULARS MORE DEFINITE AND CERTAIN OVERRULED. #12 MOTION TO REQUIRE STATE TO ENDORSE ALL NAMES OF ALL WITNESSES, SUSTAINED. #13, MOTION TO ENDORSE ALL "JAIL HOUSE" INFORMANTS SUSTAINED. #14, MOTION FOR INSPECTION OF ALL EXHIBITS INTENDED TOBE USED AT TRIAL, SUSTAINED. #15, MOTION FOR DISCOVERY OF PRIOR JURY SERVICE, SUSTAINED. CT STATES JURY FORM TO BE IN DRAFT FORM AT TIME OF PRETRIAL FOR DISCUSSION BY COURT AND COUNSEL. COURT TO BEGIN AT 10 AM ON 7-12 AND TO BEGIN AT 9 AM ON 7-13. #16, MOTION TO PAY EXPENSES OF INDIGENT JURORS, OR ALTERNATIVELY QUASH THE JURY PANEL, OVERRULED. #17, MOTION TO RE QUIRE COURT TO CHARGE DURING VOIR DIRE, SUSTAINED. #18, MOTION TO PRECLUDE PROSECUTION FROM USING PEREMPTORY CHALLENGES TO EXCLUDE MINORITY RACES OR INDIGENT JURORS, SUSTAINED IN PART AS TO MINORITY RACES AND OVERRULED AS TO INDIENT JURORS. #19, MOTION FOR INDIVIDUAL VOIR DIRE OFJURORS CONCERNING THE DEATH PENALTY & PRETRIAL PUBLICITY SUSTAINED IN PART. #20, MOTION TO LIFE QUALITY THE JURY, UNDER ADVISEMENT. #21, MOTION CHALLENGING "DEATH QUALIFICATIONS" VOIR DIRE QUESTIONS, UNDER ADVISEMENT. #22, MOTION IN LIMINE, QUESTIONING OF PROSPECTIVE JURORS ON VOIR DIRE EXAMINATION TODETERMINE EXCLUSION UNDER WITHERSPOON V. ILLINOIS, UNDER ADVISEMENT. #23, MOTION FOR ADDITIONAL PEREMPTORY CHALLENGES, RESERVED TO PRETRIAL. #24, MOTION TO INVOKE RULE PRIOR TO VOIR DIRE, PROHIBIT WITNESSES FROM CONVERSING, AND TO ENJOIN THE DISTRICT ATTORNEY FROM ADVISING WITNESSES OF PREVIOUS TESTIMONY, SUSTAINED. #25, MOTION TO PROHIBIT JURY DISPERSAL AND TO PROHIBIT JURY'S EXPOSURE TO VICTIM'S FAMILY OR FRIENDS, OVERRULED. #26, MOTION TO ENJOIN VICTIM'S FAMILY FROM SHOWING EMOTION IN COURTROOM WHILE SITTING AS SPECTATORS, SUSTAINED IN PART. #27, MOTION FOR ALL OBJECTIONS TO BE MADE IN LEGAL TERMS, SUSTAINED. #28, MOTION TO PROHIBIT INTRODUCTION OF PHOTOGRAPHS OF AUTOPSY OR INVESTIGATION, RESERVED UNTIL PRETRIAL. #29, MOTION IN LIMINE - REGARDING INTRODUCTION OF AUTOPSY PHOTOGRAPHS, SUSTAINED. #30, MOTION TO ADMIT EVIDENCE OF VIOLENT ACTS AND PROPENSITIES, OVERRULED AS TO INFORMATION LEARNED BY DEFENDANT MATHIS AFTER EVENT AND RESERVED AS TO INFORMATION KNOWN TO DEFENDANT MATHIS PRIOR TO EVENT. #31, MOTION TO STRIKE PENALTY SENTENCING PROCEDURE AS UNCONSTITUTIONAL, OVERRULED. #32, OBJECTION TO 2ND STATE INSTRUCTIONS & VERDICT FORM RE "STANDARD OF PROOF" OVERRULED. #33, OBJECTION TO STANDARD JURY INSTRUCTIONS RE EVALUATION OF MITIGATING EVIDENCE, OVERRULED. #34, OBJECTION TO STANDARD INSTRUCTION & VERDICT FORM ON HEINOUS, ATROCIOUS, OR CRUEL, OVERRULED. #35, MOTION TO ALLOW TESTIMONY REGARDING THE COST-EFFECTIVENESS OF THE DEATH PENALTY, OVERRULED. #36, MOTION TO ALLOW DEFENSE TO ARGUE LAST, OVERRULED. $20.00
06/16/2000 CM-DWB - ALL PARTIES BACK IN CT. CT TO CONSIDER MOTIONS FILED BY DEF LOCKETT. #1, MOTION FOR CT RPTR, SUSTAINED. #2, DEMURRER. RESP. OVERRULED. #3, MOTION TO QUASH. RESP. OVERRULED. #4A, MOTION FOR JUDICIAL NOTICE OF PRETRIAL PUBLICITY. PRESENTED. RESPONSE. CT TAKES JUD NOTICE THAT THERE HAS BEEN PRETRIAL PUBLICITY, WAIVES REQUIREMENT OF FILING OF AFFI- DAVITS, SUSTAINS DEF'S REQUEST FOR APPL TO CHANGE VENUE. #5, MOTION TO SEVER, TO BE TAKEN UP LATER. #6, DEMURRER TO BILL OF PARTICULARS, OVERRULED. #7 - TO MAKE BILL OF PARTICULARS MORE DEFINITE & CERTAIN--PRESENTED. NO RESPONSE. UNDER ADV UNTIL PRETRIAL. #8, MOTION TO STRIKE BILL OF PARTICULARS & DECLARE DEATH PENALTY UNCONSTITUTIONAL ON GROUNDS DEATH PENALTY HAS NO DETERRENT VALUE--OVERRULED. #9 MOTION TO STRIKE "HEINOUS, ATROCIOUS & CRUEL" AGGRAVATED CIRCUMSTANCES UNCONSTITUTIONAL, OVERRULED. #10, TO STRIKE THE AGGRAVATING CIRCUMSTANCE "CONTINUING THREAT" AS UNCONSTITUTIONAL, OVERRULED. #11, MOTION TO STRIKE THE AGGRAVATING CIRCUMSTANCE "HEINOUS, ATROCIOUS OR CRUEL" MEMORANDUM BRIEF IN SUPPORT (SEE #9). #12, TO DECLARE OK CRIM DISCOVERY CODE 22 OS 2002 UNCONST--PRESENTED; RESPONSE. OVERRULED. #13, FOR ORDER SETTING DISCOVERY/MOTION TO PRODUCE. STATE STATES IT IS MOOT, THERE IS WRITTEN ORDER IN FILE. SUSTAINED, CT NOTES IT HAS BEEN DONE ALREADY. #14, MOTION FOR PRODUCTION. PRESENTED BY ATT JAMES. ALSO MOTION FOR PRODUCTION PRESENTED BY ATT RAMSEY. MOTION LIMITED TO DISC MOTION ALREADY ENTERED, BOTH MOTIONS SUSTAINED AS TO BOTH DEFS. AS TO #14, MOTION FOR PRODUCTION, IT IS INCONSISTENT WITH PRIOR ORDER, SUSTAINED. #15 MOTION FOR SPECIAL DISCOVERY, PRESENTED BY ATT JAMES. OBJ BY ST AS IT IS NOT ADMISSIBLE. ARGUMENT BY ATT JAMES. OVERRULED. #16, FOR PROTECTIVE ORDER, RE: EVIDENCE, DOCUMENTS, EXHIBITS IN POSSESSION OF DEFENSE WHICH WOULD TEND TO IMPACT ANY STATE'S WITNESS; RESPONSE; SUSTAINED. #17, TO ENDORSE ALL JAIL HOUSE INFORMANTS, SUSTAINED. #18, TO COMPEL DISCLOSURE OF ANY EVIDENCE FAVORABLE TO DEFENDANT, SUSTAINED. #19, TO REQUIRE STATE TO PROVIDE VICTIM IMPACT STATEMENTS PRIOR TO TRIAL, SUSTAINED, CT WILL ATTEMPT TO ADDRESS AT HEARINGS HELD 7-12 AND 7-13, AND IF THAT CANNOT BE DONE, IT WILL BE SET SPECIALLY. #20, FOR PRODUCTION OF JUROR LIST, OVERRULED. #21, TO PRECLUDE PROSECUTION FROM USING PEREMPTORY CHALLENGES TO EXCLUDE MINORITY RACES OR POOR JURORS, PRESENTED. OVERRULED AS TO POOR JURORS. CT WILL FOLLOW LAW AS TO EXCLUDING MINORITY RACES. #22, TO LIFE QUALIFY THE JURY, TAKEN UNDER ADV UNTIL CT CAN SUBMIT DRAFT OF VOIR DIRE QUESTIONS IT WILL USE, MAY THEN BE MOOT OR CT WILL NEED TO RULE ON. #23, FOR INDIVIDUAL VOIR DIRE OF JURORS CONCERNING DEATH PENALTY AND PRETRIAL PUBLICITY, UNDER ADVISEMENT. #24--TO PROHIBIT PROSECUTION FROM EXCLUDING POTENTIAL JURORS WHO EXPRESS RESERVATIONS OF DEATH PENALTY, OVERRULED. #25, TO ALLOW VOIR DIRE ON THE COST EFFECTIVENESS OF DEATH PENALTY--OVERRULED. #26, FOR ADDITIONAL PEREMPTORY CHALLENGES, SUPPLEMENTAL BRIEF IN SUPPORT, UNDER ADV. #27, TO ADJOURN AT REASONABLE TIME, SUSTAINED. #28, TO ENJOIN VICTIMS FAMILY AND/OR VICTIM RIGHTS ADVOCATES FROM SHOWING EMOTION IN THE COURTROOM, OVERRULED. #29, IN LIMINE: INTRODUCTION OF CRIME SCENE PHOTOGRAPHS AND BLOOD-SOAKED EVIDENCE--RESERVED UNTIL PRE-TRIAL. #30 IN LIMINE: PROSECUTORIAL MISCONDUCT. CT DECLINES TO RULE, WILL NOT SUSTAIN AS CT DOES NOT FEEL THERE IS A PROBLEM. #31, TO STRIKE DEATH PENALTY SENTENCING PROCEDURE AS UNCONSTITUTIONAL. BRIEF IN SUPPORT. OVERRULED. #32, TO STRIKE UNADJUDICATED OFFENSES ALLEGED IN SUPPORT OF "CONTINUING THREAT" AGGRAVATED CIRCUMSTANCES. OVERRULED. #33 TO ALLOW TESTIMONY CONCERNING EXECUTION--OVERRULED. #34, TO ALLOW TESTIMONY REGARDING THE COST-EFFECTIVENESS OF DEATH PENALTY. BRIEF IN SUPPORT. OVERRULED. #35 IN LIMINE: VICTIM IMPACT EVIDENCE--UNDER ADVISEMENT UNTIL PRETRIAL. #36 FOR ALLOCUTION RIGHT. OVERRULED. #37, OBJECTION TO STANDARD JURY INSTRUCTION RE EVALUATION OF MITIGATING EVIDENCE--OVERRULED. #38, OBJECTION TO UNIFORM JURY INSTRUCTIONS REGARDING THE WEIGHING OF AGGRAVATING CIRCUMSTANCES AGAINST MITIGATING CIRCUMSTANCES--OVERRULED. #39, OBJECTION TO JURY FORM RE CONTINUING THREAT, OVERRULED. #40, SUPPLEMENTAL OBJECTION TO VERDICT FORM RE CONTINUING THREAT, OVERRULED. #41, OBJECTION TO STANDARD ASSISTANCE OF COUNSEL IMPOSED BY U. S. SUPREME COURT. NOTICE PUT ON RECORD. #42, STIPULATION TO CORPUS DELICTI--STATE WOULD NOT AGREE TO STIPULATE. RECESS.
06/16/2000 CM-DWB - CT RESUMES W/ALL PARTIES PRESENT, CT RPTR TARA DALE, DEF MATHIS W/ATT RAMSEY AND DEF LOCKETT W/ATT JAMES, AND DA GIBSON. DEF LOCKETT'S MOTION TO SEVER, #5, TAKEN UP. PRESENTED BY ATT JAMES. RESPONSE BY ST. TAKEN UNDER ADVISEMENT. AS TO DEF MATHIS MOTION AS TO VIOLENT ACTS, PROPENSITIES--PRESENTED BY ATT RAMSEY. RESPONSE BY DA GIBSON. MOTION TO SEVER TAKEN UNDER ADVISEMENT, CONTD TO PRETRIAL CONFERENCE. AS TO MATHIS MOTION TO ADMIT EVIDENCE OF VIOLENT ACTS AND PROPENSITIES, CT RULES THAT EVIDENCE OF THE DEF LOCKETT'S VIOLENT NATURE OF ACTS OCCURRING AFTER DATE OF THIS INCIDENT ARE CLEARLY INADMISSIBLE UNLESS CT IS PROVIDED WITH SOMETHING OTHER OR EVIDENCE OF ANY OTHER PRIOR VIOLENT ACTS EITHER OF DARRELL LOCKETT OR VEASEY LOCKET, ARE INADMISSIBLE. ON MOTION OF COUNSEL RAMSEY, DATE FOR MOTIONS IN LIMINE TO BE FILED, WHICH WAS BY 6-30-2000 IS EXTENDED TO JULY 20, 2000. MOTIONS IN LIMINE WILL BE HEARD FRIDAY, AUGUST 4, 2000, AT 2 PM. ATT RAMSEY ASKS FOR TRANSCRIPT TO BE PROVIDED OF TODAY'S HEARING. SO ORDERED. MOTION TO SEVER IS TAKEN UNDER ADVISEMENT AND PEREMPTORY CHALLENGES ALSO. CT ADVISES COUNSEL NOW THAT CT WILL NOT NECESSSARILY WAIT UNTIL PRETRIAL TO RULE ON MOTION TO SEVER, WILL RULE AND LET PARTIES KNOW, PROBABLY WITHIN 7 DAYS.
06/21/2000 CM-DWB -MOTION OF DEFENDANT LOCKETT TO SEVER IS OVERRULED. COPIES OF MINUTE MAILED TO ATTY'S JAMES & RAMSEY.
06/23/2000 TO FILE MOTION TO STRIKE THE DEATH PENALTY AND BAR ITS IMPOSITION AGAINST THE MENTALLY IMPAIRED DEFENDANT AND OR DECLARE ITS IMPOSITION UNCONSTITUTIONAL
06/23/2000 TO FILE MOTION TO QUASH BILL OF PARTICULARS AND DECLARE DEATH PENALTY UNCONSTITUTIONAL
06/23/2000 TO FILE MOTION IN LIMINE RE: CALDWELL
06/23/2000 TO FILE MOTION TO STRIKE DUPLICATING AGGRAVATING CIRCUMSTANCES
06/23/2000 TO FILE MOTION TO STRIKE "PREVIOUS FELONY CONVICTIONS INVOLVING THE USE OR THREAT OF VIOLENCE TO A PERSON" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONAL
06/23/2000 TO FILE DEFENDANT'S OBJECTION TO JURY VERDICT FORM RE: "HEINOUS, ATROCIOUS AND CRUEL"
06/23/2000 TO FILE DEFENDANT'S OBJECTION TO JURY VERDICT FORM RE:"KNOWINGLY CREATED A RISK OF DEATH TO MORE THAN ONE PERSON"
06/23/2000 TO FILE DEFENDANT'S OBJECTION TO JURY VERDICT FORM, RE: "PREVIOUS CONVICTION OF FELONIES INVOLVING THE USE OR THREAT OF VIOLENCE"
06/23/2000 TO FILE MOTION TO STRIKE "DEFENDANT KNOWLINGLY CREATED A GREAT RISK OF DEATH TO MORE THAN ONE PERSON" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONAL
06/23/2000 TO FILE MOTION FOR BREWER HEARING RE: PREVIOUS FELONY
06/23/2000 TO FILE MOTION FOR BREWER HEARING RE: CONTINUING THREAT
06/23/2000 TO FILE DEFENDANT'S OBJECTION TO VERDICT FORM RE: "AVOID ARREST" TO FILE MOTION TO ALLOW EVIDENCE IN LIFE WITHOUT POSSIBILITY OF PAROLE
06/23/2000 TO FILE MOTION TO TRIFORCATE
06/23/2000 TO FILE MOTION TO ALLOW DEFENSE TO ARGUE LAST DURING SECOND STAGE CLOSING ARGUMENT AND BRIEF IN SUPPORT THEREOF
06/23/2000 TO FILE MOTION TO QUASH/DEMURRER/DISMISS BILL OF PARTICULARS RE: ENMUND
06/23/2000 TO FILE MOTION IN LIMINE-PHYSICAL AND FORENSIC EVIDENCE
06/23/2000 TO FILE DEFENDANT'S OBJECTION TO UNIFORM JURY INSTRUCTIONS RE: FINDING OF UNANIMITY WITH RESPECT TO MITIGATING CIRCUMSTANCES
06/23/2000 TO FILE MOTION TO STRIKE "AVOID ARREST" AGGRAVATING CIRCUMSTANCE AS UNCONSTITUTIONAL
06/28/2000 SUPPLEMENTAL EVIDENCE LIST FILED
06/30/2000 ORDER FILED
06/30/2000 TO VR. #10647, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL -COSTS $340.00
06/30/2000 ORG. TRANSCRIPT OF MOTION HEARING (6-16-00) FILED
06/30/2000 TO FILE DEFENDANT'S WITNESS AND EXHIBIT LIST
07/12/2000 TO FILE MOTION TO CONTINUE
07/12/2000 TO FILE MOTION TO COMPEL IMMEDIATE COMPLIANCE WITH THE COURT'S DISCOVERY ORDERS AND/OR SUPPRESS TESTIMONY AND EVIDENCE
07/12/2000 CM-DWB -(DO SAME MINUTE IN CF-99-53B). DA MARK GIBSON AND AND ADA BRIAN SURBER PRES FOR ST. DEF LOCKETT PRES W/ATT GARY JAMES. DEF MATHIS PRES W/CO-COUNSEL CHERYL RAMSEY AND ROBERT MANCHESTER. CT RPTR TARA DALE PRS. COMES ON FOR MOTION HEARING AND PRETRIAL CONFERENCE. AS TO MOTION TO CONTINUE FILED THIS DATE, IN OPEN CT DA GIBSON PRSENTS HIS RESPONSE THERETO AND PROVIDES COPIES TO ALL COUNSEL. ATT JAMES PRESENTS MOTION TO CONTINUE. RESPONSE BY ST. RESP BY ATT JAMES. MOTION TO CONTINUE OVERRULED. REMARKS BY ATT RAMSEY, WHO PRESENTS ORAL MOTION FOR CONTINUANCE. ATT RAMSEY'S ORAL MOTION TO CONTINUE ALSO OVERRULED. CT DIRECTS DEFENDANT LOCKETT TO ADVISE STATE IN WRITING BY 7-26-2000 OF WHETHER DEFENDANT WILL BE PRESENTING TESTIMONY IN SUPPORT OF AN INSANITY DEFENSE IN ACCORDANCE WITH STATUTES. IF THAT OCCURS, ST WILL HAVE ONE WEEK, UNTIL 8-4-2000, TO PROVIDE NAME OF EXPERT WHO WILL PROVIDE EVALUATION FOR ST. EVALUATION ORDERED COMPLETED PRIOR TO TRIAL. ATT RAMSEY TO DISCLOSE NAME OF EXPERT BY 7-26-2000 AND COMPLETE EVALUATION NO LATER THAN FRIDAY 8-4-2000. ST AND DEF MATHIS, SHOULD THEY CHOOSE TO HAVE MR. LOCKETT EVALUATED, TO PROVIDE NAME OF EXPERT BY 7-26-2000 AND HAVE THE EVALUATION COMPLETED BY FRIDAY, AUGUST 4, 2000. IF ATT JAMES OBJECTS TO HAVING DEF MATHIS' PSYCHIATRIST OR PSYCHOLOGIST EXAMINING ATT JAMES CLIENT, ATT ---------------------------- AT THAT PT, BRIEFS TO BE SUPPLIED BY 7-25-2000. ANY FUR EVALUATION TO COMPELTED BY DR. SMITH BY 7-26-2000. STATE THEN HAVE RIGHT TO COMPLETE ITS EVALUATION BY 8-4-200. CT NOW MODIFIES ORDER AS TO EVALUATING DEF LOCKET, IT NOW REMAINS. BOTH ST AND DEF TO COMPLETE EVALS BY 8-4-2000. AT THIS TIME THERE IS NO OBLIGATION BY ST OR DEF MATHIS TO PROVIDE ANY WRITTEN REPORT OF THEIR EXPERTS. IF MR. JAMES CHOOSES TO DO SO AND BELIEVES THOSE REPORTS ARE DISCOVERABLE, HE MAY FILE A MOTION TO THAT EFFECT. WILL PROVIDE WRITTEN REPORT BY 8-11-2000. CT TAKES RECESS FOR ONE HOUR, TO RESUME AT 1PM.
07/12/2000 CM-DWB - ALL PARTIES PRES W/COUNSEL. STATE PRES BY DA GIBSON AND ADA SURBER. CT REPORTER DALE PRESENT. DA GIBSON PRESENTS MOTION TO COMPEL. RESPONSE BY ATT JAMES. ANY DISC NOT GIVEN BY 7-28-2000 HAS CHANCE OF NOT BEING ADMITTED, AND CT MAY IMPOSE SANCTIONS. ANY DISC ISSUE TO BE COMPLIED WITH BY 7-28-2000. CT ORDERS PARTIES TO EXCHANGE ANY TRIAL EXHIBITS NOT ALREADY EXCHANGED BY 8-4-2000. NOW COMES ON FOR MOTIONS PREVIOUSLY FILED BY SHAWN MATHIS (CT REFERS TO SAME BY NO. ON PREVIOUS SCHEDULE. #20 TO LIFE QUALIFY THE JURY. TAKEN UNDER ADV. #21, #22, #23, AND #28. CT HAS CONSIDERED THOSE MATTERS. MOTIONS #20, 21, AND 22, ARE NOW OVERRULED. MOTION #23, FOR ADDITIONAL PRE-EMPT CHALLENGES, NOW OVERRULED. EXCEPTION TO BOTH DEFS. #28, TO PROHIBIT INTRODUCTION OF AUTOPSY INVESTIGATION & OTHER MATERIALS, CT SUSTAINS OBJ AS TO PHOTOGRAPHS OF AUTOPSY AND CONTINUES MOTION ON OTHER PHOTOGRAPHS UNTIL 8-4-2000. ATT RAMSEY NOW OFFERS MOTION TO SUPPRESS, WHICH SHE WILL FILE. ST REQUESTS IT TO BE OVERRULED. ATT RAMSEY'S MOTION TO SUPPRESS OVERRULED BY CT. MOTIONS PREVIOUSLY FILED BY DEF LOCKETT, CT HAD TAKEN FOLLOWIONG MOTIONS UNDER ADV: #7, AS TO BILL OF PARTICULARS, IS NOW OVERRULED. #22, TO LIFE QUALIFY THE JURY, IT IS NOW OVERRULED. #23, AS TO INDIVDUAL VOIR DIRE, OVERRULED. #26, FOR ADDITIONAL PRE-EMPT CHALLENGES, NOW OVERRULED, WITH EXCEPTIONS ALLOWED TO BOTH DEFS. #29, MOTION IN LIMINE, RESERVED UNTIL 8-4-2000. #35, MOTION IN LIMINE TO PREVENT VICTIM IMPACT EVIDENCE, STATE WILL PROVIDE VICTIM IMPACT STMTS BY 7-28-2000. AS TO DEF MATHIS' MOTION, #19, AS TO INDIVIDUAL VOIR DIRE, WHICH WAS PREVIOUSLY SUSTAINED, CT NOW VACATES THAT ORDER. AS TO NEW MOTIONS AND REQUESTS AS TO DEF CLAYTON LOCKETT, 1 - UNDER ADV, 2 - OVERRULED, 3 - OVERRULED, 4 - OVERRULED, 5 - OVERRULED, 6 - OVERRULED, 7 - OVERRULED, 8 - OVERRULED, 9 - MOTION IN LIMINE TO PREVENT PROSECUTING FROM IMPLYING DEATH PENALTY WOULD NOT BE ENFORCED - SUSTAINED, 10 - MOTION IN LIMINE - PROHIBIT CERTAIN PHYSICAL AND FORENSIC EVIDENCE - OVERRULED, 11 - MOTION TO ALLOW EVIDENCE ON LIFE WITHOUT POSSIBILITY OF PAROLE - OVERRULED, #12 MOTION TO ALLOW DEF TO ARGUE LAST DURING SECOND STATE CLOSING ARGUMENT - OVERRULED, #13 - MOTION FOR BREWER HEARING - PREVIOUS FELONY - ATT JAMES STANDS ON MOTION. ARGUMENT BY DA GIBSON - MOTION OVERRULED AS BEING FOR LACK OF SPECICIVITY, #14 - MOTION FOR BREWER HEARING - CONTINUING THREAT - PRESENTED - ST ASKS IT TO BE DENIED DUE TO LACK OF AUTHORIOTY - MOTION OVERRULED, #15 - OBJECTION TO UNIFORM JURY INSTRUCTIONS - CT OVERRULES, #16, OBJECTION TO VERDICT FORM - AVOID ARREST - OVERRULED, #17 - OBJECTION TO JURY VERDICT FORM FOR PREVIOUS CONFICTION OF FELONIES INVOLVING THE USE OF THREAT OR VIOLENCE - OVERRRULED, #18 - OBJECTION TO JURY VERDICT FORM KNOWINGLY CREATED A RISH OF DEATH TO MORE THAN ONE PERSON - OVERRULED, #19 OBJECTION TO JURY VERDICT FORM HEINOUS, ATROCIOUS AND CRUEL - OVERRULED. CT WILL SEAT 30 JURORS, AND 4 ALTERNATES WITH THE PERMISSION COUNSEL, TO KEEP 2 ALTERNATES AND STRIKE 2. DA GIBSON STATES HE WILL NOT AGREE TO SAME AND WILL FILE A MOTION CONCERNING SAME. CT WILL EMPANEL 30 JURORS. THERE ARE NO OBJECTIONS TO QUESTIONNAIRE. WILL BE RETURNED BY 8-4-2000. LIST OF EXHIBITS PROVIDED BY STATE TO ATTS RAMSEY AND JAMES IN OPEN COURT. ANY AID TO CT THAT PARTIES INTEND TO USE, ANYTHING, CT WANTS TO BE ADVISED OF IT BY 8-4-2000. CT ORDERS COPY OF TRANSCRIPT OF THIS HEARING TO BE PROVIDED TO PARTIES. AS TO JACKSON-DENNO HEARINGS SCHEDULED FOR TOMORROW, ST HAS INDICATED THERE IS NOT AN ISSUE AS TO STMT MADE BY DEF MATHIS, ST DOES NOT INTEND TO OFFER THAT INTO EVIDENCE. THERE WERE 3 TAPED STATEMENTS PERTAINING TO DEF LOCKETT, CT WILL LISTEN TO THOSE TONIGHT AND HEAR TOMORROW.
07/13/2000 CM-DWB - COMES ON FOR MOTION HEARING AND PRETRIAL. DEF LOCKETT PRES W/ATT GARY JAMES. DA MARK GIBSON AND ADA BRIAN SURBER PRES FOR ST. CT RPTR TARA DALE PRES. ALSO PRESENT IS ATT CHERYL RAMSEY FOR CO-DEF SHAWN MATHIS. ST CALLS DETECTIVE DAVID FARROW, PERRY POLICE DEPT, WHO IS SWORN & TESTIFIED. CROSS EXAMINED BY ATT JAMES. REDIRECT BY DA GIBSON. RECROSS BY ATT JAMES. WITNESS EXCUSED. ST CALLS UNDERSHERIFF RAYMOND HENRY, WHO IS SWORN & TESTIFIED. CROSS EXAMINATION BY ATT JAMES. WITNESS EXCUSED. DEF DOES NOT CALL ANY WITNESSES. NO FINAL STMTS BY EITHER COUNSEL. CT RULES THAT STATEMENTS WERE VOLUNTARILY GIVEN AND ARE ADMISSABLE IN CT.
07/14/2000 FILE ORG.TRANSCT-MOTION HEARING & PARTIAL HELD 7-12-0
07/14/2000 ORDER
07/14/2000 TO VR. #10654, TARA DALE, TRANSCRIPTS PRELIM. & TRIAL --COSTS $207.50 FOR CF-99-53A & B
07/24/2000 TO FILE MOTION IN LIMINE
07/24/2000 TO FILE MOTION IN LIMINE-PHYSICAL AND FORENSIC EVIDENCE
07/24/2000 TO FILE MOTION IN LIMINE-RE: EVIDENCE OF UNADJUDICATED OFFENSES
07/25/2000 SUBPOENA FILED & ISSUED - J. HARMON C.MAIL $7.00
07/25/2000 SUBPOENA FILED & ISSUED - R.DOLEZAL C.MAIL $7.00
07/25/2000 SUBPOENA FILED & ISSUED - F.JORDAN C.MAIL $7.00
07/25/2000 TO ISSUE SUBPOENA--ANDREA WINSTON, OSBI--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--JOANN KIHEGA, OSBI--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--ED BURNETT, KAY CO SO--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--LEWAINE LEARNED--KAY CO SO--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--DON BROWN--ENID PD--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--TOM NICHOLS--ENID PD--TO DA TO FAX
07/25/2000 TO ISSUE SUBPOENA--DAVID FARROW, PERRY PD $30.00
07/25/2000 TO ISSUE SUBPOENA--RAY HENRY, NCSO $30.00
07/25/2000 TO ISSUE SUBPOENA--QUENT TUBBS, PERRY PD $30.00
07/25/2000 TO ISSUE SUBPOENA--CONNIE POWELL $30.00
07/25/2000 TO ISSUE SUBPOENA--CHERYL FARTHING $30.00
07/25/2000 TO ISSUE SUBPOENA--BOBBY BORNT $30.00
07/25/2000 TO ISSUE SUBPOENA--EVA LAWS $30.00
07/25/2000 TO ISSUE SUBPOENA--BRANDY ADAMS $30.00
07/25/2000 TO ISSUE SUBPOENA--DAMIAN ATKINSON $30.00
07/25/2000 TO ISSUE SUBPOENA--JESSICA ROEBUCK $30.00
07/25/2000 TO ISSUE SUBPOENA--SUMMER HAIR $30.00
07/25/2000 TO ISSUE SUBPOENA--DR. PATRICIO AVILA $30.00
07/25/2000 TO ISSUE SUBPOENA--PAULA WORKMAN $30.00
07/25/2000 TO ISSUE SUBPOENA--TINA WHEATLEY $30.00
07/25/2000 TO ISSUE SUBPOENA--FRED LEVALLEY $30.00
07/25/2000 TO ISSUE SUBPOENA--RUSSELL CONNER, PERRY PD $30.00
07/25/2000 TO ISSUE SUBPOENA--SHAWN MATHIS $30.00
07/26/2000 TO FILE SUBPEONA EVA LAWS--NOT FOUND
07/26/2000 TO FILE SUBPEONA RAY HENRY--SERVED 7-25-00
07/26/2000 TO FILE SUBPEONA RUSSELL CONNER--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA FRED LEVALLEY--SERVED 07-25-00
07/26/2000 TO FILE SUBPOENA--ANDREA WINSTON--FAXED BY DA'S OFFIC
07/26/2000 TO FILE SUBPOENA--TOM NICHOLS--FAXED BY DA'S OFFICE
07/26/2000 TO FILE SUBPOENA--DON BROWN--FAXED BY DA'S OFFICE
07/26/2000 TO FILE SUBPOENA--LEWAINE LEARNED--FAXED BY DA'S OFFI
07/26/2000 TO FILE SUBPOENA--ED BURNETT--FAXED BY DA'S OFFICE
07/26/2000 TO FILE SUBPOENA--JOANN KIHEGA--FAXED BY DA'S OFFICE
07/26/2000 TO FILE SUBPOENA PAULA WORKMAN--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA-DR PATRICIO AVILA SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA SUMMER HAIR--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA BOBBY BORNT--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA CHERYL FARTHING--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA CONNIE POWELL--SERVED 07-25-00
07/26/2000 TO FILE SUBPEONA QUENT TUBBS--SERVED 07-25-00
07/26/2000 TO FILE SUBPOENA DAVID FARROW--SERVED 07-25-00
07/26/2000 TO FILE & ISSUE SUBPOENA, C. MAIL, RESTR.--EVA LAWS
07/27/2000 TO FILE SUBPOENA JESSICA ROEBUCK--SERVED 07-26-00
07/27/2000 TO FILE SUBPOENA BRANDY ADAMS-SERVED 07-26-00
07/27/2000 TO FILE SUBPOENA DAMIAN ATKINSON--SERVED 07-26-00
07/28/2000 TO FILE SUBPOENA--TINA WHEATLEY--SVD 7-27-00
07/28/2000 RETURN RECEIPT FILED - F. JORDAN SVD 7-26-00
07/31/2000 AMENDED BILL OF PARICULARS IN RE PUNISHMENT FILED
07/31/2000 RETURN RECEIPT FILED - R. DOLEZAL SERV.
07/31/2000 RETURN RECEIPT FILED -J. HARMON SERV. 7-28-00
08/02/2000 TO FILE DEFENDANT'S AMENDED SUPLEMENTAL WITNESS AND EXHIBIT LIST
08/04/2000 TO ISSUE SUMMONS R. DOLEZAL--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED J. HUTCHINSON--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED DR JOHN R. SMITH--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED CONNIE LORRAINE LOCKETT-RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED DENA MICHELL PAYNE--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED DWAYNE PAYNE--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED PEARLE PAYNE--RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED TORY STINNETT-RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED DALE ANDERSON-RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED VERA LAWSON-RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED DEPUTY CHAD SISCO-RETURN TO ATTY $5.00
08/04/2000 SUMMONS ISSUED LADONNA HOLLINS-RETURN TO ATTY $5.00
08/04/2000 CM-DWB - COMES ON FOR HEARING MOTIONS. DEF PRES BY COUNSEL OF RECORD. DA MARK GIBSON AND ADA BRIAN SURBER PRES FOR ST. MOTIONS IN LIMINE CONTINUED TO 8-8-2000 AT 1:00 PM.
08/04/2000 APPLICATION AND NOTICE OF INTENT TO RAISE DEFENSE OF INSANITY FILED
08/04/2000 MOTION TO VOIR DIRE ON VERDICT OF NOT GUILTY BY REASON OF INSANITY FILED
08/04/2000 DEFENDANT'S SECOND AMENDED SUPPLEMENTAL WITNESS AND EXHIBIT LIST FILED
08/08/2000 CM-DGA - DEF PRES W/ATT GARY JAMES. DA MARK GIBSON PRES FOR ST. CT RPTR TARA DALE PRES. COMES ON FOR HEARING ON DEF'S MOTIONS (3 MOTIONS IN LIMINE FILED 7-24-2000. DEF HAS ALSO FILED MOTION IN RE RESPONSE TO BILL OF PARTICULARS. DEF ATT GARY JAMES ORALLY MOVES TO ADOPT ALL MOTIONS ON AMENDED BILL OF PARTICULARS THAT IT MOVED FOR ON PREVIOUS BILL OF PARTICULARS. CT READOPTS PRIOR RULINGS ON THOSE MOTIONS. ALSO COMES ON ON STATE'S MOTION IN LIMINE FILED 5-18-2000. ST'S MOTION IN LIMINE FILED 5-18-2000 PRESENTED BY ST. RESPONSE BY ATT JAMES. CT WILL FOLLOW LAW. MOTION IN LIMINE--EVIDENCE UNADJ OFFENSES, MOVES THAT ANY UNADJUDICATED OFFENSES NOT BE ADMITTED. OVERRULED CONCERNING UNADJ OFFENSES IN 2ND STAGE OF PROCEEDINGS. DEF MOTION IN LIMINE--PHYSICAL AND FORENSIC EVIDENCE--PRESENTED BY ATT JAMES, ASKS CT TO SUSTAIN MOTION. RESPONSE BY ST. OVERRULED IN PART. SUSTAINED IN PART. GENERAL MOTION IN LIMINE PRESENTED BY ATT JAMES. #1 SUSTAINED. #2 SUSTAINED IN 1ST STAGE. #3 TO BE TAKEN UP LATER. #4 - CT WILL FOLLOW THE LAW. #5 - CONFESSIONS OF DEF - CT HAS PREVIOUSLY FOUND THEM TO BE ADMISSIBLE. CT OVERRULES. #6 - LETTERS OR STMTS MADE BY DEF ADMISSIBLE IN STAGE 2. SUSTAINED AS TO ANY OF LETTERS; OTHERWISE OVERULED AS TO STAGES 1 AND 2. #7 OVERRULED AS IT PERTAINS TO INTRODUCTION OF OBJECTS PURPORTED TO BE MURDER WEAPONS. #8 - WRITINGS IN PARAGRAPH 8 OF THIS MOTION SUSTAINED AS TO STAGE 1. #9 - INTRODUCTIONOF PURPORTED MURDER WEAPON AND ASSOCIATED SHELLS AND GLOVES ARE RELEVANT AND WILL ADMIT THOSE; THE ADMISSION OF ANY OTHER WEAPON WILL HAVE TO BE A FOUNDATION MADE; CT SUSTAINS MOTION IN LIMINE. #10 - RULING RESERVED BY CT. #11 - OVERRULED. #12 - OVERRULED. #13 - ST WILL NOT ATTEMPT TO INTRODUCE ANY FORMAL STMTS --OVERRULED SUBJECT TO BEING RE-RAISED AT TIME OF TRIAL. #14 PRESENTED -- OVERRULED. #15 - SUSTAINED. #16 - OVERRULED. ST ALLOWED TO FILE 2ND AMENDED BILL OF PARTICULAARS SUST ROMAN NUMERAL 4 ON ORIGINAL BILL OF PARTICULARS ALLEGING DEF WAS A MEMBER OF HOOVER KRYPTS STREET GANG--ST ALLOWED TO AMEND INCLUDING THAT LANGUAGE. MOTION IN LIMINE THAT ADDRESSES THAT ISSUE. TAKEN UNDER ADVISEMENT AT THIS TIME. #17 - OVERRULED --TOO GENERAL. AS TO #3 - PICTURES OF CORPSE AT SCENE - CT FINDS THEY HAVE SOME PROBATIVE EFFECT - CT ALLOWS THESE 6 PICTURES. PREVIOUSLY SUBMITTED PROPOSED VICTIM'S IMPACT STATEMENT FROM VICTIM'S MOTHER--CT FINDS IT DOES NOT VIOLATE VICTIM IMPACT STATUTE. CT WILL ADMIT VICTIM IMPACT STATEMENT IN 2ND STAGE, IF CASE GETS THAT FAR. CT WILL REVIEW 2ND VICTIM IMPACT STMT AND IF THERE NEEDS TO BE FURTHER ARGUMENT, CT WILL ADVISE.
08/09/2000 TO FILE SECOND AMENDED BILL OF PARTICULARS IN RE PUNISHMENT
08/14/2000 CM-DWB - MATTER COMES ON FOR JURY TRIAL. DEF PRES W/COUNSEL OF RECORD. DA MARK GIBSON AND ADA BRIAN SURBER PRES FOR ST. CT RPTR LOIS DROUHARD PRES. PROSPECTIVE JURORS ADMONISHED. OATH GIVEN TO JURORS. CLERK CALLS 30 PROSPECTIVE JURORS. GENERAL VOIR DIRE. ROGER HENDERSON EXCUSED, RONALD ZERR CALLED. DANNY JOE BOUNDS EXCUSED, RICHARD M. REXWINKLE CALLED. JAMES BOONE EXCUSED, DELBERT E. PEMBERTON CALLED. ROBERT LEE BEIER EXCUSED, DIANA LYNN KARCHER CALLED. CARL EDWARD FEKEN EXCUSED, LEDA YVONNE STITES CALLED. LARRY RAYNES EXCUSED, CHARLES SCOTT JR. CALLED. CAROLYN CRAWFORD EXCUSED, HAROLD ZEMP JR. CALLED. CT ADJOURNS UNTIL 8:30 AM 8-15.
08/15/2000 CM-DWB - MATTER COMES ON FOR CONTINUANCE OF JURY TRIAL. DEF PRES W/COUNSEL OF RECORD. DA GIBSON AND ADA SURBER PRES FOR ST. PROSPECTIVE JURORS PRESENT. CONTINUED VOIR DIRE QUESTIONING BY CT. CARLIN RAY EDGAR EXCUSED, ERIC CANIEL FRANK CALLED. RECESS. CT EXCUSES LETA FAYE BAETZ, PEGGY M. GOTTSCHAL,, DAVID EUGENE WILLIAMS, DARRIN LEE VEIT, RONALD DEAN ZERR, & TERRI LYNN PLATT. DIANA KAYE HAMBURG, DANIELLE ROSE MELVIN, THERSA KAY WILLIAMS, ALAN CURTIS HAWKINS, SHERILL R. CAROTHERS, & LARRY PRESTON FRY CALLED. CONTINUED QUESTIONING BY CT. DANIELLE MELVIN EXCUSED, LAWRENCE M. SCHOMAKER CALLED. JURY EXCUSED. IN OPEN CT, CT QUESTIONS MS. HAMBURG, WHO IS EXCUSED. MS. CAROTHERS BROUGHT TO OPEN CT, QUESTIONED BY CT, EXCUSED BY CT. DA GIBSON OFFERS SPECIFIC CHALLENGE AS TO JUROR MR. FRY, ASKS MR. FRY BE EXCUSED FOR CAUSE AT THIS TIME. ATT JAMES QUESTIONED BY CT. RESPONSE BY ATT JAMES. MOTION FOR CAUSE OVERRULED. RECESS.
08/15/2000 MOTION TO ADMIT EVIDENCE OF OTHER CRIMES/BAD ACTS FILED
08/15/2000 CM-DWB - JURY TRIAL RESUMES. KATHLEEN GRAVES AND MARTIN A. WILLIAMS CALLED. ALFRED SERRATO EXCUSED. LOYD ALVIN HUGHES CALLED, EXCUSED. JERRY JOE DUNN CALLED, EXCUSED. RICHARD DEAN JOHNSON CALLED. RECESS.
08/15/2000 CM-DWB - RICHARD JOHNSON HAS BEEN EXCUSED. CT RESUMES. LESLIE DEAN JUSTUS CALLED. DEBRA EWING EXCUSED. BILLY MCCOY JR CALLED. RECESS UNTIL 8:30 AM.
08/16/2000 CM-DWB - COMES ON FOR CONTINUATION OF JURY TRIAL. CT HAS EXCUSED JUROR LARRY FRY FOR HARDSHIP. MICHAEL JAYE RUBLE CALLED, EXCUSED. LAWRENCE EDWARD VESTER CALLED, EXCUSED. JOSHUA AARON HICKS CALLED. DELBERT E. PEMBERTON EXCUSED. JERRY ETHAN HAYES CALLED. RECESS.
08/16/2000 CM-DWB - COURT RESUMES WITH ALL PARTIES AND JURORS PRESENT. VOIR DIRE BY ST. RECESS UNTIL 1PM.
08/16/2000 CM-DWB - JURY TRIAL RESUMES. CONTINUED VOIR DIRE OF PROSPECTIVE JURORS BY STATE. VOIR DIRE BY DEF ATT JAMES. RECESS UNTIL 3:10.
08/16/2000 CM-DWB - CONTINUED VOIR DIRE BY ATT JAMES. RECESS UNTIL 8:30 AM 8-17-2000. JURY EXCUSED. CT CALLS JUROR MS. MENDENHALL TO BENCH W/BOTH COUNSEL. RECESS UNTIL 8-17.
08/16/2000 LETTER FROM MARTIN A. WILLIAMS -JUROR
08/17/2000 SUBPOENA ISSUED- K. TRUYEN RET TO DA'S OFFICE
08/17/2000 SUBPOENA ISSUED- J. SCHLITZ RET TO DA'S OFFICE
08/17/2000 CM-DWB - COURT RESUMES W/ALL PARTIES PRESENT, JURORS ALL PRESENT, ATTY JAMES CONT'S W/VOIR DIRE. RECESS UNTIL 10:15. RETURN TO OPEN CRT W/ALL PARTIES AND ALL PROSPECTIVE JURORS PRESENT. ATTY JAMES CONCLUDES, NOON RECESS UNTIL 1:30.
08/17/2000 STATE'S PROPOSED JURY INSTRUCTION NUMBER 1 FILED
08/17/2000 CM-DWB - RET TO OPEN CRT., ALL PARTIES PRESENT, HOWEVER PROPSECTIVE JURORS ARE NOT PRESENT. CRT MAKES RECORD IN RE ATTY JAMES COMPLETION OF VOIRE DIRE BY NOON AT CT'S REQUEST; ATTY JAMES RESPONDS HE COVERED ALL SUBJECT MATTER AND ACCOMPLISHED THIS IN A DIFFERNT MANNER THAN HE NORMALLY WOULD. CHALLENGES FOR CAUSE IS TAKEN-STATE WAIVES,. ATTY JAMES REURGES ALL PRE-TRIAL MOTIONS AND CRT MAINTAINS HIS OVERRULING OF SAME MOTIONS. ATTY JAMES CHALLENGES FOR CAUSE--BILLY MCCOY,JR.-STATE RESPONDS--CT.OVERRULES CHALLENGE; WM.STEPHENS--ST. RESPONDS---CT.OVERRULES CHALLENGE; KATHY GRAVES - ST. R REQUESTS DENIAL, CRT OVERRULES CHALLENGE; THERESA WILLIAMS - ST. RESPONDS, CRT OVERRULES CHALLENGE; LES JUSTUS - ST. RESPONDS, CT OVERRULES CHALLENGE; JERRY HAYES - ST. RESPONDS, CT OVERRULES CHALLENGE; TRACY MCDONALD - ST HAS NO RESPONSE, CT OVERRULES CHALLENGE; EVELYN MENDENHALL - ST RESPONDS , CT OVERRULES CHALLENGE; MARILYN LEVINGS--CT OVERRULES W/O ST RESPONSE; MICHAEL YOUNG - ST HAS NO RESPONSE, CT OVERRULES CHALLENGE. AT THIS TIME, PANEL PASSED FOR CAUSE. ATTY JAMES MOVES FOR CHANGE OF VENUE--BASED ON VOIRE DIRE AND ADOPTS JURORS STATEMENTS TO SUPPORT MOTION, STATE RESPONDS, CT DENIES MOTION. PREMP ST-J. HICKS; DEF-WM. STEPHENS, ST- W. TOOMAN DEF-B. MCCOY; ST-L. SHOEMAKER; DEF-R. REXWINKLE; ST- M.WILLIAMS; DEF-R. HONEYWELL; ST-G.BURNS; DEF-E. MENDENHALL; ST-G. DELSELM; DEF-J. HAYES; ST-A. HAWKINS; DEF-J. OSBORN; ST-S.TERREL; DEF- L. JUSTUS; ST-T. MCDONALD; DEF-J.INABNETT. DEF REQUEST FOR ADDL PREEMP CHALLENGES DUE TO THE USE OF THESE CHALLENGES BEINGS USED FOR JURORS THAT SHOULD HAVE BEEN REMOVED FOR FOR CASUE. IF HE HAD ADDL CHALLENGES, HE WOULD REMOVE, GRAVES, WILLIAMS, LEVINGS & YOUNG. ALSO MOVES TO QUASH JURY PANEL AND QUASH PANEL FOR ALL THOSE EXCUSED ON EXMEPTIONS, AND QUASH DUE TO LACK OF JURORS IN CLOSE PROXIMTY OF AGE AND RACE, STATE RESPONDS AND REQUESTS CT TO OVERRULE. CRT OVERRULES MOTION AS TO PANEL IN GENERAL AND BATSON TYPE MOTION IS OVERRULED, MOT FOR ADDL PREEMPT CHALLENGES OVERRULED AS RECORD WAS MADE AS TO THOSE JURORS EXCUSED FOR HARDSHIP. RET TO OPEN CT. ALL PARTIES PRESENT AND ALL PROSPECTIVE JURORS RETURN. PANEL OF 12 SWORN--RELEASED UNTIL 10:00 AM TOMORROW. ALTERNATE JURY SELECTION BEGINS WITH MARGIE ANN JANZEN, JIMMIE DALE ROBISON, MELANIE ANN CARGILL & SEAN DAVID KEITH CALLED. M.JANZEN EXCUSED; E. HEPPLER CALLED & EXCUSED; H.MABEL HUGHES CALLED AND EXCUSED; P.KOLB CALLED; S. KEITH EXCUSED AND M. MOUNT CALLED; RECESS TO 3:15. RETURN TO OPEN CT W/ALT JURORS IN JURY BOX AND ALL OTHER PARTIES PRESENT; CT EXCUSES J. ROBISON AND CALLS CYNTHIA R. PENNINGTON WH0 IS NOT PRESENT, CALLS JACK ROBERT SEWARD--DA GIBSON BEGINS VOIR DIRE, ATTY JAMES VOIR DIRES JURORS--ST PREEMPTS M. MOUNT AND DEF PREEMPTS M.CARGILL. ALTERNATE JURORS ARE SWORN AND REMAINING PROSP JURORS RELEASED UNTIL 9-25-00. ALT JURORS ORDERED BACK AT 10:00 AM ON THE 18TH. CT IN RECESS.
08/17/2000 JURY PANEL FILED
08/18/2000 CM-DWB -IN OPEN CRT., DA PRES & DEF COUNSEL PRES., JURY NOT PRESENT, RPT L. DROUHARD PRES. CT MAKES RECORD AS TO INSANITY DEFENSE AND DEF HAS ADVISED CRT THAT INSANITY DEF IS NOT BEING PRESENTED BASED ON DR. & STATMENTS OF DEFENDANT. BURKES NOTICE WAS FILED BY STATE AND STATE ADVISES THAT NO OBJECTION HAS BEEN FILED. DEF RESPONDS THAT HE DOES OBJECT TO THE INTRO OF TAPE AND THE BURKES NOTICE. CT ALLOWS VIDEO TO BE PLAYED W/O REDACTION. ST REQUESTS INFORMATION BE READ AS TO DEF ONLY (NOT INCLUDING MATHIS & L.LOCKETT),DEF OBJECTS--THINKS INFORMATION BE READ IN WHOLE. CRT FINDS INFORMATION TO BE READ IN WHOLE.
08/18/2000 CM-DWB - IN OPEN CT.,DA GIBSON PRES FORST, DEF PRES W/AT JAMES, JURORS ARE SEATED, CRT RPT L. DROUHARD PRES; CHAREGS ARE READ TO JURORS AND CRT READS OPENING INSTRUC INSTRUCTIONS. CT INVOKES RULE OF SEQUESTRATION AS TO WITNESSES AND EACH PARTY TO MARSHALL THEIR OWN--- WITH THE EXCEPTION OF DET FARROW(LAW ENFORCE) AND R. HENRY. STATE READS 2ND AMENDED INFORMANTION AND GIVES O OPENING STATMENT, DEF GIVES OPENING STATEMENT. NOON RECESS UNTIL 12:40. CRT RECONVENES WITH ST PRES, DEF PRES W/ATTY JAMES, JURORS SEATED IN JURY BOX. ST CALL DET FARROW,SWORN, DIRECT EXAMINATION BEGINS AND FARROW ID'S STATES'S EXS# 50,51,52 & 53 AS PHOTOS OF CAR DRIVEN BY DEF AND THE BULLET HOLES IN THE VEHICLE; EX'S P-1 THRU P-4 -NIEMAN PU IDENTIFIED; EXS 2 &3-DIAGRAM'S OF BOBBY'S HOUSE I.D.; EXS #P-5 THRU P-16--PHOTOS OF BOBBY'S HOUSE FROM FRONT PORCH INTO ALL ROOMS; EX#P-17 -PHOTO OF ENID RESIDENT W/GARAGE I.D. THEN IDENTIFIES VCR TAPE-STATE'S EX#1, OFFERED & REC'D , PLAYED FOR JURORS, RECESS UNTIL 3:00. CT RECONVENES W/ALL PARTIES PRESENT,-JURORS SEATED IN JURY BOX. STATE PROCEEDS W/DIRECT EXAM. FARROW IDENTIFIES VIDEO -ST'S EX #4, OFFERED AND REC'D BY CRT--SHOWN TO JURORS; RESUMES DIRECT EXAM, IDENTIFIES VIDEO TAPE-ST'S EXHIBIT #5, OFFERED ADMITTED AND SHOWN TO JURROS; RESUMES DIRECT EXAM, ST OFFERS EX#S 17-24 WHICH ARE ADMITTED, ST.'S EX#6-GUN IDENTIFIED, EX# 6A IDENTIFIED- 5 12 GAGE SLUGS; EX#7-IDENTIFIED--AMMO TAKEN FROM GLOVES IN ENID; EX#8-2 BROWN COTTON GLOVES; EX#10-ID AS BUTT OF SHOTGUN EX#12-EMPTY SHELL BOX; EX#11--ADDL BROWN GLOVE FROM TRASH; EX#14-TATTOO EQUIPMENT; EX#14A--DRAWING PAD; #13 -RIFLE/SHOTGUN BAG; EX#P-32-PHOTO OF ROAD BY GRAVESITE; EX#P-33 - PHOTO LOOKING SW ON ROADWAY BY GRAVE; EX#P-34 GRAVESITE; EX#P-35 GRAVESITE LOOKING FROM DRAINAGE DITCH,; EX#20 - SITE OVERVIEW OF GRAVE; EX#22-CLOSER OVERVIEW OF GRAVE; EXP-27 CO,RD W/ORAGNE PAINT MARK; EX#P-28- ARIAL OF CO. RD W/ORANGE PAINT MARK; EX#P-29 - ARIAL OF GENERAL AREA OF GRAVESITE; EX#P-30 -ARIAL OF GRAVE W/ORANGE ; EX#P-31 ARIAL OF GRAVESITE; EX#17 - 1 FEDERAL MAG 3" SHORGUN SLUG; EX#24- 2 FEDERAL MAG SHOTGUN SLUGS; EX#25 - BLACK WALLET & CONTENTS OF C. LOCKETT; EX#P-44 -PHOTO OF S. HAIR FACE; EX#P-45 - PHOTO OF S.HAIR FACE; EX#P-46-BRUISES ON S.HAIR ARMS; EX EX#P-47- PICTURE OF BOBBY BORNT FACE; EX#P-48 -BOBBY BORNT PICTURE OF FACE; EX#P-49 BOBBY BORNT PCITURE OF CHEST BRUISES; EX#26-SAV-A-TRIP 24 HR SECURITY VIDEO; EX#26A & B--PORTIONS OF 24 HR TAPE THAT PERTAINS TO DEF; EX#27-ENVELOPE THAT CONTAIN SECURITY TAPE AND DETAILED RECEIPT TAPES. RECESS UNTIL 8-21-00 AT 8:30AM.
08/18/2000 INTRUCTION TO THE JURY BEFORE TRIAL FILED
08/21/2000 CM-DWB - JURY TRIAL CONTINUES. DEF PRES W/COUNSEL OF RECORD. DA GIBSON AND ADA SURBER PRES FOR ST. CT RPTR LISA DROUHARD PRES. CONTINUED DIRECT EXAMINATION OF WITNESS DAVID FARROW BY ST. CROSS EX BY ATT JAMES. REDIRECT BY ST. ST'S EX 9 OFFERED; NO OBJ; RECD, PLAYED IN CT. DEF EX. ST CALLS RAYMOND HENRY, WHO IS SWORN & TESTIFIED. ST'S EX #28 OFFERED; NO OBJ; RECD, PLAYED. DA GIBSON BEGINS DIRECT EXAMINATION OF WITNESS HENRY. COURT RECESSES. COURT RECONVENS ALL PARTIES PRESENT, JURY IS SEATED AND PRESENT FOR, UNDER SHERIFF HENRY IN WITNESS STAND, WHO IS CROSS EXAMINED BY ATTY JAMES. ATTY' REST, ST. CALLS DETECTIVE QUENT TUBBS OF IS SWORN IN., ADA SUBER BEGINS DIRECT EXAMINATION. ST EX. P50, ST. EX P52, ST EX P53, ST. EX 24, STATES EXHIBIT 24 TO BE ADMITTED, ST. EX 19, ST. EX P26, ST. EX P27, ST. EX P28, ST. EX P29, ST. EX P30, ST. EX P31, ST. EX P38, ST. EX P39, ST. EX P40, ST. EX P41, ST. EX 42, ST. EX P43, ST. EX P51,. CROSS EXAMINATION BY ATTY JAMES. ST CALLS CHERYL FARTHING WHO IS SWORN. ADA SUBER BEGIN DDIRECT EXAMINATION. CROSS EXAMINATION HELD UNTIL ABLE TO WATCH VIDEO, ST CALLS BRANDY ADAMS WHO IS SWORN IN, DA. GIBSON BEGINS DIRECT EXAMINATION, CROSS EXAMINATION BY ATTY JAMES. STATE CALLS DAMION ATKINSON WHO IS SWORN AND DA GIBSON BEGINS DIRECT EXAMINATION, CROSS EXAMINATION BY ATTY JAMES. COURT BREAKS FOR LUNCH AND TO RETURN 1:00 P.M.
08/21/2000 CM-DWB - CRT RESUMES WW/ALL PARTIES PRES, JURORS IN BOX. STATE MOVES TO ADMIT EX.#26A, 26B AND 27- ALL ADMITTED BY CT. VIDEO SHOWN TO JURORS(SECURITY TAPE)
08/21/2000 MOTION FOR COURT TO GIVE OKLAHOMA UNIFORM JURY INSTRUCTIONS FILED
08/21/2000 PROPOSED JURY INSTRUCTION NO. 2 FILED
08/21/2000 CM-DWB - MS FARTHING TAKES STAND AGAIN AND ATTY JAMES CO CONDUCTS CROSS-EXAM OF WITNESS, WITNESS RELEASED. ST CALL CONNIE POWELL, SWORN-DIRECT EXAMINATION CONDUCTED; ST. EX#25 IDENTIFIED, ADMITTED BY CT, CROSS-EXAM BY DEF; WITNESS RELEASED. ST MOVES TO ADMITT EX#P-25, P-26. P-27. P-28, P-29. P-30. P-31, P-36, P-37. P-50, P-51, P-52,& P-53--REC'D & ADMITTED. ST CALLS BOBBY BORNT, SWORN, DIRECT EXAM, IDENTIFIES DEF, ST'S EX#27-SHOVEL- IDENTIFIED,. RECESS UNTIL 3:00.
08/21/2000 SUBPOENA ISSUED- IRENE KERR RET TO ATTY
08/21/2000 SUBPOENA ISSUED- DEIE VESTER- RET TO ATTY
08/21/2000 SUBPOENA ISSUED- RAMON GISSANDER- RET TO ATTY
08/21/2000 CM-DWB - COURT RECONVENES W/BOBBY BORNT ON STAND. CONTINUED DIRECT BY ADA SURBER. CROSS BY ATT JAMES. REDIRECT BY ADA SURBER. WITNESS EXCUSED. ST'S EXS P47, P48,P49 OFFERED; NO OBJ; ADMITTED. RECESS UNTIL 8:30 AM 8-22. JURORS EXCUSED FOR DAY.
08/21/2000 SUBPEONA ISSUED JOHN VASEK NCSO $30.00
08/21/2000 SUBPEONA ISSUED KYLE HARTWIG NSCO $30.00
08/21/2000 SUBPEONA ISSUED LARRY KILMER NCSO $30.00
08/21/2000 SUBPEONA ISSUED BUD NAGEL NCSO $30.00
08/21/2000 SUBPEONA ISSUED BUDDY THOMAS RETURN TO D A
08/21/2000 SUBPEONA ISSUED BRIAN THOMAS NCSO $30.00
08/21/2000 SUBPEONA ISSUED TED BLACK NCSO $30.00
08/22/2000 TO FILE SUBPOENA--SHAWN MATHIS--SERVED 8-14-00
08/22/2000 TO FILE SUBPOENA--BUD NAGEL--SERVED 8-21-00
08/22/2000 TO FILE SUBPOENA--LARRY KILMER--SERVED 8-21-00
08/22/2000 TO FILE SUBPOENA--KYLE HARTWIG--SERVED 8-21-00
08/22/2000 TO FILE SUBPEONA--BRIAN THOMAS--SERVED 08-21-00
08/22/2000 TO FILE SUBPEONA JOHN VASEK SERVED 08-21-00
08/22/2000 CM-DWB - JURY TRIAL RESUMES W/ALL PARTIES PRESENT. ST CALLS JANELLE HARMON, WHO IS SWORN & TESTIFIED, EXCUSED. ST MOVES FOR ADMISSION OF P38,39,40,41,42,43; NO OBJ; ADMITTED BY CT. ST CALLS SUMMER HAIR BRADSHAW, WHO IS SWORN & TESTIFIED. RECESS UNTIL 10:30 AM.
08/22/2000 CM-DWB - JURY TRIAL CONTINUES. CONTD DIRECT EXAMINATION BY DA GIBSON. CROSS EXAMINATION BY ATT JAMES. REDIRECT BY ST. WITNESS BRADSHAW IDENTIFIES DEF. RECROSS BY ATT JAMES. REDIRECT BY ST. RECROSS. WITNESS EX. ST CALLS PAULA WORKMAN, WHO IS SWORN & TESTIFIED, EXCUSED. ST CALLS TINA WHEATLEY, WHO IS SWORN & TESTIFIED. ST RECALLS LT. DAVID FARROW. FURTHER DIRECT. CROSS EX. ST CALLS OSBI AGENT JOANN KIHEGA, WHO IS SWORN & TESTIFIED. WITNESS DECLARED EXPERT WITNESS. CROSS EX BY ATT JAMES. REDIRECT. WITNESS EXCUSED. RECESS UNTIL 1:15 PM.
08/22/2000 SUBPOENA - OUT OF COUNTY FILED - J. SCHLITZE SERV.8-21-00
08/22/2000 SUBPOENA - OUT OF COUNTY FILED -K. TRUYEN SERV. 8-21-00
08/22/2000 CM-DWB - TRIAL RESUMES. ST CALLS RAMONA DOLEZAL, WHO IS SWORN & TESTIFIED. CROSS EXAMINATION. EXCUSED. ST CALLS FRED LEVALLEY, WHO IS SWORN & TESTIFIED. CROSS EX. EXCUSED. ST CALLS SGT DON BROWN, ENID PD, WHO IS SWORN & TESTIFIED. ST'S EX 31 OFFERED; NO OBJ; ADMITTED. ST SHOWS ST'S EX #30, VIDEO TAPE. ST MOVES FOR ADMISSION OF EXS 14 AND 14A; OBJ; 14 ADMITTED, 14A RESERVED. CROSS EX. WITNESS EXCUSED. RECESS.
08/22/2000 SUBPOENA ISSUED -- B. LOCKETT RET TO DA
08/22/2000 CM-DWB - TRIAL RESUMES. ST CALLS SGT TOM NICHOLS, ENID PD, WHO IS SWORN & TESTIFIED, IDENTIFIES DEF LOCKETT. EXCUSED. ST CALLS RUSSELL CONNER, PERRY PD, WHO IS SWORN & TESTIFIED. ST OFFERS EX 14A; NO OBJ; ADMITTED. ST MOVES TO ADMIT EX #29; NO OBJ; ADMITTED. ST OFFERS EXS #30, P54, P55; NO OBJ; ADMITTED. WITNESS EXCUSED. ST RECALLS RAYMOND HENRY; FURTHER DIRECT EXAMINATION. EXCUSED. ST CALLS DEPUTY LEWAYNE LEARNED, WHO IS SWORN & TESTIFIED. JURORS EXCUSED FOR DAY. STATE OFFERS EXS 16 & 17(ADMITTED), 20 & 22 (ADMITTED), 6 (OBJ, OVERRULED, ADMITTED), 7 (ADMITTED), 6A (ADMITTED), 8 (ADMITTED), 10 (OBJ--OVERRULED--ADMITTED, 11 & 12 (OBJ--OVERRULED--ADMITTED), 19 (ADMITTED), 13 (OBJ-- OVERRULED--ADMITTED), P32,P33,P34,P35 (ADMITTED), 59,60,61,62 (OBJ--OVERRULED--ADMITTED), P65 THRU P70 (ADMITTED); P79 THRU P82 (ADMITTED), P83 & P84 (OBJ--OVERRULED--ADMITTED), P71 THRU 78 (OBJ--OVERRULED--ADMITTED). RECESS UNTIL 8:30 AM.
08/22/2000 SUBPOENA ISSUED- JOHN LOCKETT SR. -RET TO DA. OFFICE
08/23/2000 MOTION IN LIMINE TO PRECLUDE TESTIMONY FROM JOYCE TURNER
08/23/2000 CM-DWB - RESUME CRT AFTER EVENING RECESS, ALL PARTIES PRESENT, JURORS SEATED IN JURY BOX AND ST CONT W/EVIDENCE. CALL DR. FRED JORDANM, SWORN, TESTIFIED; DEF STIPULATES TO DR. JORDAN'S QUALIFICATIONS; CROSS- EXAM BY DEF; RE-DIRECT; RE-CROSS; WITNESS EXCUSED. ST MOVES TO ADMIT EX# 34 & 35, ADMITTED. ST. RESTS. JURORS EXCUSED UNTIL 1:00PM. DEF DEMURRS TO ALL 19 CTS, SPECIFICALLY TO CT-6; CT-7; CT-15; CT-16; RAPE CTS; ROBERRY BY FORCE & FEAR; CT-17; MURDER IN 1ST DEGREE; CT-2; CT-3; CT-4; CT-5; CT-11; KIDNAPPING OF HAIR & B. BORNT -- ALL WITH ARGUMENT. DEF FURTHER ARGUES OSA 21 SEC.11A--BEING CHRG FOR MULTIPLE ACTS DURING THE COMMISSION OF ONE CRIME AND DEMURRS AND MOVES TO DISMISS ALL CTS AGAINST DEF UNLESS ST ELECTS TO PROCEED TO ONE CT. RECESS TO 10:05 FOR STATE'S RESPONSE.
08/23/2000 SUBPOENA FILED- BUDDY THOMAS SERVED 8-21-00
08/23/2000 SUBPOENA FILED- T. BLACK --SERVED 8-21-00
08/23/2000 PROPOSED JUROR INSTRUCTIONS FILED
08/23/2000 CM-DWB- RETURN TO OPEN CT., ST PRES, DEF PRES W/ATTY, JU JURORS NOT PRESENT. COMES ON FOR STATE'S RESPONSE TO DEF'S DEMURRERS. STATE DOES NOT ELECT TO PROCEED UNDER ONE COUNT. STATE RESPONDS AND ARGUES OS21 SEC 11A AND REURGES CT THAT ALL CRIMES ARE SEPARATE AND INDIVIDUAL. AS TO THE DEMURRERS-STATE RESPONDS TO ALL AND MAINTAINS DEF CONFESSION SUPPORTS THOSE CHARGES,-AS TO CT.15--ST ACKN A SCRIVENER'S ERROR AND SHOULD READ C.LOCKETT; ASKS CRT TO OVERRULE ALL DEMURRERS AND SUBMITT ALL CTS TO JURY. DEF REPLIES. BASED ON THE ARGUEMENTS, CT ORVERRULES MOTION ON OS21, SEC 11; DEMURRER AS TO ALL 19 CTS--OVERRULED, AS TO CTS 6,7 &16--EVIDENCE JURORS CLD SUPPORT THTAT DEF CREATED ATMOSPHERE OF FEAR AND AIDED THESE CRIMES; CT.-11, DEMUR OVERRULED; CT-15, CONCERNING SCIVENER'S ERROR IS OBVIOUS AND LAW WOULD ALLOW STATE TO AMEND BY INTEERLINIATION TO SUBSTITUTE C. LOCKETT NAMES, OVERRULES DEMURRER AND CT ORDERS CHANGE; DEMURRERS TO RAPES CTS ARE OVERRULED; SUSTAINS CT 2 DEMURRER AND WILL SUBMIT INSTRUCTION AS TO LESSER CHARGE OF A&B. DEF OBJ TO INTERLINEATION OF CT-15. CT INQUIRES OF DEF AS TO WITNESSES HE MAY CALL IN THIS S STAGE--NONE ANTICIPATED BEING CALLED. DEF MOVES FOR A DIRECTED VERDIT OF ACQUITTAL. CT CONSIDERS EVIDENCE THAT JURY CONSIDERS REASONABLE, CT OVERRULES MOT FOR DIRECTED VERDICT AND MOTION TO QUASH INFO. STATE REQUESTS SUBSTITUION OF ORIG J&S FOR COPIES SO ORIG MAY USED IN STAGE, DEF HAS NO OBJ--SO ORDERED. IN RECESS UNTIL JURY INSTRUCTION ARE READY TO ARGUE.
08/23/2000 SUBPOENA ISSUED- J. ROEBUCK - RET TO ATTY
08/23/2000 SUBPOENA FILED- D.PAYNE SERVED 8-21-00
08/23/2000 SUBPOENA FILED- L. HOLLINS SERVED 8-21-00
08/23/2000 SUBPOENA FILED- C. LOCKETT SERVED 8-21-00
08/23/2000 SUBPOENA FILED- E.VESTER SERVED 8-21-00
08/23/2000 SUBPOENA FILED- C.SISCO SERVED 8-21-00
08/23/2000 SUBPOENA FILED- I. KERR SERVED 8-21-00
08/23/2000 SUBPOENA FILED- P. PAYNE SERVED 8-21-00
08/23/2000 SUBPOENA FILED--JESSICA L. ROEBUCK SERVED 8-23-00
08/23/2000 CM-DWB -CT RECONVENES IN OPEN CT, DEF PRES W/COUNSEL, STATE PRES, JURORS NOT PRESENT, JURY INSTRUCTIONS HAVE BEEN REVIEWED; PROPOSED INSTRUCTIONS HAVE BEEN SUBMITTED TO BOTH PARTIES, CT HAS PREPARED INST ON CT 4 AS TO A&B, CR-4-39, 142 & 143, CR-144--INST NOT GIVEN; PROPSED BY DEF- CR2-7 &2-8, 2-20, 2-21 & 2-22, CR4-13 (4-3 & 4-2 ARE BOTH INCLUDED IN 4-26 BY CT.) REFUSED BY CT., REFUSED 4-25; REQUESTED 4-91 THRU 4-97 REJECTED BY CT;REUESTED 4-17- REJECTED;CR4-130-CT DECLINED TO GIVE; REQUESTED 513, 516 &517 DECLINED BY CT; REQUEST TO GIVE 916 IS DECLINED BY CT; 917-DECLINED; 920-DECLINED; CT HAS DECLINED TO GIVE CR-945 IN FIRST STAGE AS ST RESERVES RIGHT TO GIVE IN 2ND STAGE. ST ANNOUNCES NO OPPOSITION TO INST CT IS GIVING, BUT URGES ST'S INST ON CONSPIRACY - CT DECLINES PROPOSED INST. DEF RE-URGES CT TO GIVE DEF'S PROPOSED INSTS.; DEF HAS NOT ARGUED FOR 2ND DEGREE ROBBERY INST., BURGULARY 2ND DEGREE INST. WAS ASKED BY DEF NOT TO BE GIVEN AS POINT OF STRATEGY; DEF'S MOTION AS TO ROBBERY IS OVERRULED. RECESS TO 2:15.
08/23/2000 CM-DWB - OPEN CRT RESUMES WITH ALL PARTIES PRESENT, JURY IS SEATED IN JURY BOX. DEF ANNOUNCES IT RESTS. CT GIVES INSTRUCTIONS TO JURY. STATE'S CLOSING BY ADA SURBER. DEF GIVES CLOSING. DA GIBSON GIVES STATE'S FINAL CLOSING. JURY BEGINS DELIBERATIONS AT 4:07.
08/23/2000 CM-DWB- IN OPEN CT WIITH COUNSEL FOR DEF AND ADA SURBER PRES- JUROR IN DELIBERATION CRT RM B. CRT MAKES RECORD OF QUESTION FROM JURORS--CRT IN ITS OWN HANDWRITING AMENDS THE AMENDED INFORMATION CT. 4, AND STRUCK NAME OF SHON MATHIS AND ADDED NAME OF CLAYTON LOCKETT IN CT. 15, SUCH INSTRUMENT IS PROVIDED TO BAILIFF TO GIVE TO JURORS.
08/23/2000 QUESTION FROM JURY FILED
08/23/2000 CM-DWB - RETURN TO OPEN CT. DEF PRES W/COUNSEL, STATE PRES, JURORS SEATED IN BOX.(7:35) VERDICT HAS BEEN REACH AND THE FOLLOWING IS FOUND CT.1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; ALL GUILTY. DEF WAIVES POLLING OF JURY. STAGE 2 WILL BEGIN WITH ALL PARTIES & JURORS ORDERED TO REPORT BACK AT 10:00 AM 8-24-00. PRIOR TO THE JURY RETIRING TO DELIBERATE, CRT HELD COUNSEL W/ATTYS AS TO THE SEQUESTRATION OF JURORS FROM DELIBERATION THRU STAGE 2; NO OBJECTION MADE BY EITHER PARTY AS TO THE RELEASE OF JURORS BETWEEN STAGE 1 AND STAGE 2.
08/23/2000 INSTRUCTIONS TO THE JURY AFTER TRIAL FIRST STAGE FILED
08/23/2000 VERDICT FILED
08/24/2000 CM-DWB - RETURN TO OPEN CT., DEF PRES W/COUNSEL, STATE PRES, JURORS NOT PRESENT IN CRTROOM. CT WILL CONSIDER MOTIONS FILED BY PARTIES. DEF MOT FOR A BREWER HEARING, CONCERNING USE OF AFC & THREAT AS AN AGGREVATOR IS ARGUED BY ATTY JAMES, AFTER CONFERING W/CLIENT WILL NOT STIPULATE TO PREVIOUS CONVICTION OF THREAT W/USE OF VIOLENCE. STATE RESPONDS; DEF RESPONDS AND STATE RESPONDS TO DEF; DEF HAS NO RESPONSE. CT FINDS THE CRIME IN QUESTION DID INCLUDE VIOLENCE OR THREAT OF VIOLENCE AND THEREFORE IS AN AGGREVATOR AND MAY BE PRESENTED TO THE JURY. TURNING TO THE STATE, MOT IN LIMINE AS TO DEF WITNESS J. TURNER IS ARGUED BY DA GIBSON; DEF RESPONDS; CT DETERMINES VOIR DIRE OF WITNESS MUST BE HELD PRIOR TO TESTIMONY AS TO DETERMINING HER "EXPERT" QUALIFICATIONS--RESERVES RULING ON MOTION IN LIMINE.
08/24/2000 CM-DWB - JURY HAS NOW BEEN SEATED, ALL PARTIES PRES IN CRTROOM. EVIDENCE WILL NOW BE PRESENTED BY BOTH STATE AN AND DEF AS TO AGGREVATION AND MITIGATING CIRCUMSTANCES. DA GIBSON READS 2ND PAGE OF INFORMATION AND 2ND AMENDED BILL OF PARTICULARS; PROCEEDS WITH PRESENTATION OF AGGREVATING CIRCUMSTANCES BY OPENING STATEMENT. DEF GIVES OPENING STATEMENT. RECESS UNTIL 1:00PM. CT SETS VOIR DIRE OF MS. TURNER AROUND NOON HOUR.
08/24/2000 SUBPOENA FILED- DEANNA PAYNE- SERVED 8-24-00
08/24/2000 CM-DWB - RETURN TO OPEN CT., ALL PARTIES PRES, JURORS IN THE JURY BOX, ST OFFERS AND CT ADMITS EXS#37,38,39, &40. STATE CALLS JOE SCHILTZ, SWORN & TESTIFIED; CROSS EXAM; WITNESS EXCUSED. ST CALLS R. KENNY TRUYEN, SWORN & TESTIFIED- IDENTIFIED DEF; CROSS EXAM; WITNESS EXCUSED. ST CALLS KAY CO UNDERSHERIFF BUDDY THOMAS, SWORN & TESTIFIED, IDENTIFIES DEF; ST.EX #41, 42, &42A OFFERED & ADMITTED; CROSS-EXAM; WITNESS EXCUSED. STATE CALLS JOHN VASEK, SWORN & TESTIFIED; ST EX# 43 & 44 OFFERED & ADMITTED; CROSS-EXAM; RE-DIRECT, WITNESS EXCUSED. STATE CALLS KYLE HARTWIG, SWORN & TESTIFIED; ST EX #45 OFFERD & ADMITTED; CROSS-EXAM; WITNESS EXCUSED. STATE CALLS BRIAN THOMAS, SWORN & TESTIFIED, ST. EX# 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 58--OFFERED & ADMITTED; CROSS-EXAM; WITNESS EXCUSED. STATE CALLS UNDERSHIFF RAY HENRY, SWORN & TESTIFIED; ST. EX# 62, 63, 64, 65, 66--INTRODUCED; JURORS EXCUSED UNTIL 3:10PM.
08/24/2000 CM-DWB - OPEN CT RESUMES W/ALL PARTIES PRES, JURORS REMAIN OUTSIDE THE COURTROOM, DEF OBJECTS TO EX#66. STATE RESPONDS, CT RULES THE EXHIBIT (LETTER FROM GEORGE LOCKETT) CANNOT BE ADMITTED, BUT THE TRANSCRIPT MAY BE ADMITTED UPON PROPER FOUNDATION BEING LAID. JURORS RETURN TO COURT AND ARE SEATED IN BOX. DIRECT EXAMINATION OF UNDERSHERIFF HENRY CONTINUES; EX# 68 INTRODUCED; CROSS-EXAM; DEF EX#1 OFFERED & ADMITTED BY CT., ST MOVES TO ADMIT EX#62, 63, 64, 65--ALL RECD & ADMITTED. CT ADVISES JURORS AS TO VICTIM IMPACT STATEMENT- ST CALLS ROBIN NEFF WHO READS EX#67-SUSIE & STEVE NIEMAN'S VICTIM IMPACT STAEMENT. STATE RESTS. CT EXCUSES JURORS UNTIL 9:00AM. STATE MOVES TO ADMIT EX# 68 AND IS ADMITTED. STATE MOVES TO ADMIT EX#67 AND DEF OBJECTS. CT RESERVES RULING. ST. MOVES THAT EVIDENCE OF STAGE ON BE INCORPORATED AND AVAILABE TO JURORS IN 2ND STAGE--SO ORDERED. DEF GENERALLY DEMURS TO BILL OF PARTICULARS, & TO POINTS IN PARTICULAR WITH ARGUEMENT, STATE RESPONDS & REQUESTS CT TO OVERRULE ALL DEMURRERS. CT RESERVES RULING UNTIL MORNING. CT DOES SUSTAIN DEF'S OBJECTION OF USING MEMBERSHIP IN HOOVER CRYPTS AS AN AGGREVATOR; STATE INQUIRES IF CT MAY REOPEN RULING IF DEF DOES IN FACT INTRODUCE EVIDENCE OF THE HOOVER CRYPTS--SO NOTED. CT OVERRULES DEMURRER TO BILL OF PARTICULARS AND THE OBJECTIONS OF THE DEF AS TO PARTICULAR POINTS EXCEPT 2-BEING A THREAT TO MULTIPLE PEOPLE IN SOCIETY. ATTY'S TO BE PRESENT AT 8:30AM.
08/25/2000 CM-DWB - IN OPEN CT., DEF PRES W/COUNSEL, STATE PRES, JURORS REMAIN OUTSIDE CRTROOM, CT ADDRESSES DEF DEMURRER TO BILL OF PARTICULARS & MOTION TO STRIKE BILL OF PARTICULARS. ST LOOKS AT 2ND AGGREVATOR AND CT OVERRULES THE DEMURRER ON 2ND AND ALLOWS STATE TO PROCEED ON THAT AGGREVATOR AS WELL AS MOTION TO STRIKE. DEF OBJECTS AS TO ADMISSION OF ST EX#67 (VICTIM IMPACT STATEMENT)--CRT WILL NOT ADMITT EX. JURORS HAVE NOW JO JOINED IN OPEN CRT AND ARE INSTRUCTED THAT ALL EVEIDENCE IN 1ST STAGE IS INCORPORATED AND CAN BE CONSIDERED IN STAGE 2. DEF CALLS LADONNA HOLLINS, SWORN, TESTIFIED; CROSS-EXAM; RE-DIRECET; WITNESS EXCUSED. RECESS UNTIL 10:50AM.
08/25/2000 CM-DWB - RET TO OPEN CRT., ALL PARTIES PRES, JURORS SEATED IN BOX FOLLOWING MORNING RECESS.. CONT W/DEF WITNESSES; CALLS DEANNA PAYNE, SWORN & TESTIFIED; CROSS EXAM; WITNESS EXCUSED. DEF CALLS DWAYNE PAYNE, SWORN & TESTIFIED; CROSS-EXAM; RE-DIRECT; WITNESS EXCUSED. NOON RECESS UNTIL 2:00PM FOR JURORS. DEF CALLS NEXT-- SHON MATHIS, SWORN, & ATTY MANCHESTER ADVISES WITNESS OF HIS PRIVILEGE OF 5TH AMENDMENT, HE MAY EXERCISE HIS RIGHT IN ANSWERS; WITNESS ADVISES CRT HE PLEADS THE 5TH TO ALL QUESTIONS, IS EXCUSED BY CT.
08/25/2000 SUBPOENA FILED- RETURNED MAIL UNCLAIMED- E. LAWS
08/25/2000 CM-DWB - IN OPEN CT., STATE PRES, DEF PRES W/ATTY, COMES ON FOR VOIR DIRE OF JOYCE TURNER WHO IS SWORN. ST QUESTIONS MS TURNER; CT HELD HEARING TO FIND NATURE OF TESTIMONY OF WITNESS & QUALIFICATIONS AND IF A CASUAL CO CONNECTION IS BASIS FOR HER TESTIMONY. CT IS AWARE OF TRAINING CHILD WELFARE WORKERS RECEIVE AND BASED ON THE EVEIDENCE OF THIS WITNESS, FINDS HER QUALIFIED TO GIVE TESTIMONY OF EFFECTS CERTAIN PSYCHOLOGICAL FACTORS HAVE ON CHILDREN IN GENERAL, AND CT WILL ALLOW HER TESTIMONY AS LONG AS IT DOES NOT GIVE SPECIFIC INCIDENTS OF DEF AND THE EFFECTS THEY HAVE ON HIS ACTIONS. ST MOVES TO SUPPRESS THE RAPE IN PRISON AND RE-UREGES MOT IN LIMINE AS TO THE HEARSAY MS.TURNER MAY USE FOR TESTIMONY. DEF OBJECTS TO CTS RULINGS; (AS THIS WITNESS IS AN EXPERT) A AS A CONTINUING OBJECTION. JURORS HAVE RETURNED TO OPEN CT AND DEF CONT BY CALLING JOYCE TURNER, WHO HAS PREVIOUSLY BEEN SWORN, TESTIFIED. RECESS UNTIL 3:15.
08/25/2000 TO ISSUE SUBPEONA - DR. THERESA HALL RETURN TO D.A.
08/25/2000 CM-DWB - RETURN TO OPEN CT, ALL PARTIES PRES AND JURORS SEATED IN BOX. WITNESS TURNER RETAKES STAND, STATE PROCEEDS WITH CROSS-EXAM; RE-DIRECT; WITNESS EXCUSED. DEF CALL DEPUTY CHAD SISCO, SWORN & TESTIFIED; NO CROSS EXAM, WITNESS EXCUSED. DEF CALLS TORY STINETT,SWORN & TESTIFIED; CROSS-EXAM; RE-DIRECT; RE-CROSS; WITNESS EX. CT RECESSES UNTIL 9:00 AM MONDAY MORNING.
08/28/2000 TO FILE DEFENDANT'S REURGING OF HIS MOTION FOR ALLOCUTION RIGHT
08/28/2000 TO FILE MOTION IN LIMINE
08/28/2000 TO FILE PROPOSED JURY INSTRUCTIONS SECOND STAGE PROCEEDINGS
08/28/2000 CM-DWB ALL PARTIES PRESENT DA GIBSON FOR STATE, DEFENDANT PRESENT WITH ATTORNEY OF RECORD, LOIS DROUHARD COURT REPORTER PRESENT, ALL JURORS ALSO PRESENT, DEFENSE CALLS, DR. JOHN R. SMITH WHO IS SWORN IN AND TESTIFIES, ATTY JAMES QUESTIONS WITNESS, DEFENSE MOVES TO HAVE DR. SMITH EXPERT WITNESS, COURT SO AGREES. COURT TAKES RECESS UNTILL 5 TILL 11:00 A.M.
08/28/2000 CM-DWB COURT RESUMES ALL PARTIES ARE PRESENT,JURORS ARE PRESENT AND SEATED, DA GIBSON BEGINS QUESTIONING DR. SMITH. REDIRCTION BY ATTORNEY JAMES. COURT RECESS FOR LUNCH UNTIL 1:00 P.M., COURT BACK IN SESSION WITH OUT JURY, 2 MOTIONS TO DISCUSS, MOTION IN LIMINE AND MOTION OF ALLOCUTION. COURT ASKS DEFENSE TO START WITH MOTION IN LIMINE. STATE RESPONSE THE DEFENSE ON MOTION TO LIMI LIMINE, ATTORNEY JAMES RESPONSE, MOTION TAKEN UNDER ADVISEMENT UNTIL AFTER LUNCH, MOTION ALLOCUTION MOTION IS OVERRULED BY THE COURT. COURT IN RECESS UNTIL 1:00 P.M.
08/28/2000 SUBPOENA FILED- DR.THERESA HALL SERVED BY FAX 8-28-00
08/28/2000 CM- DWB COURT RETURNED FORM LUNCH ALL PARTIES PRESENT, JURORS ARE NOT PRESENT AT THIS TIME. CT. FINDS THAT DEFENDANT HAS WAIVED PRVILEGE. JURORS HAVE RETURNED TO OPEN COURT AND ALL PARTIES PRESENT, ADA SUBER AND DA GIBSON PRESENT FOR STATE, DEFENDANT PRESENT W/ATTORNEY OF RECORD. DR. JOHN CALL, WHO IS SWORN AND TESTIFIES AND IS QUESTIONED BY DA GIBSON, AT STATES REQUEST THAT WITNEE BE CERTIFIED AS AN EXPERT, COURT HAVING HEARD NO OBJECTION, COURT WILL DO SO., STATE CALLS RANDY PARKER WHO IS SWORN IN AND TESTIFIES, WHO IS DIRECT EXAMATION BY ATTY SUBER, CROSS-EXAMINATION BY ATTY JAMES,. COURT RECESSES UNTIL 3 3:30 P.M., DEFENSE WISHES TO HAVE AND AQUITALE OF LIFE W/OUT PAROLE, OR LIFE WITH. MOTION TO BE ORVERRULED BY THE COURT. STATES EX. 66 ARGUEEMENT BY ATTY JAMES, DA GIBSON TO RESPONSE, SUSTAIN OBJECTION TO PAGE 70, PAGE 30 TO BE DELETED, PAGE 20 RELAVENT AND TO REMAIN
08/28/2000 CM-DWB - RESUME OPEN CT., ALL PARTIES PRES, JURORS NOT IN CRTROOM. DURING RECESS, DISCUSSION HELD W/COUNSEL AND NOW A MEMORALIZATRION WILL BE MADE AS TO INSTRUCTIONS. STATE HAS NO OBJECTIONS TO CRTS INSTRUCTIONS AND DEF HAS NONE. DEF HOWEVER DOES MOVE FOR DEF'S INSTRUCTIONS BE GIVEN RATHER THAN CRTS. CRT HAS GIVEN CONSIDERATION TO ALL INSTRUCTIONS, BUT FEELS THAT CRT'S INSTRUCTIONS ARE ACCURATE AND DEF'S MOTION IS DENIED. JURORS RETURNED TO OPEN CT, SEATED IN BOX, CT GIVES FINAL INSTRUCTIONS. DA GIBSON GIVES CLOSING STATEMENT(5:03-5:29) DEF GIVES CLOSING (5:30-6:18); STATE GIVES REBUTTAL CLOSING(6:20-6:47). SUBMITTED TO JURY AT 6:49.
08/28/2000 CM-DWB -ALL PARTIES PRES., DEF PRESW/COUNSEL, STATE PRES BY DA GIBSON & ADA SURBER,-OUTSIDE THE PRESENCE OF THE JURORS. DEF COUNSEL ARGUES SPECIFIC INSTRUCTIONS - #16, REQUESTED INST#25, REQUESTED INST.#30, REQUESTED INST-MAYNARD V CARTRIGHT,ETC, REQUESTED INST. IN RE: AG AGGREVATION/MITIGATION, REQUESTED INSTR. UNDER MAYNARD V CARTRIGHT IN RE HEINOUS, ETC, REQUESTED INSTR. IN RE -MITIGATING, REQUESTED INSTR. REGEAU (TEXAS), AND REQUESTED INSTR AS TO TROUBLE REACHING UNANIMOUS DECISION(4-83). CT HAS PREVIOUSLY OVERRULED ALL.
08/28/2000 CM-DWB - 9:49 OPEN CRT RESUMES, DEF PRES W/COUNSEL, DA GIBSON PRES W/ADA SURBER. JURORS SEATED IN BOX, VERDICT HAS BEEN REACHED. CT READS VERDICTS - CT.1-45 YRS; CT.2-60 YRS; CT.3-75 YRS; CT.4-90 DAYS AND FINE; CT.5-60 YRS; CT.6-150 YRS; CT.7-175 YRS; CT.8-250 YRS; CT.9-200 YRS; CT.10- 100 YRS; CT.11-100 YRS; CT.12-100 YRS; CT.13- 100 YRS; CT.14-250 YRS; CT.15-300 YRS; CT.16- 150 YRS; CT.17-85 YRS; CT. 18-85YRS; CT.19- DEATH. COURT POLLS JURORS AT DEF'S REQUEST AMD SETS SENTENCING FOR 10-27-00 AT 9:00AM. ORDER FOR PRE-SENTENCE INVESTIGATION ORDERED BY CT W/FINDINGS TO BE RETURNED TO CT ON OR BEFORE 10-16-00. DEFENDANT REMANDED TO CUSTODY OF NOBLE COUNTY SHERIFF.
08/28/2000 INSTRUCTIONS TO THE JURY AFTER TRIAL SECOND STAGE FILED
08/28/2000 VERDICT (SECOND STAGE) CT.1-CONSPIRACY TO COMMIT A FELON
08/28/2000 VERDICT (SECOND STAGE) CT.2-FIRST DEGREE BURGLARY FILED
08/28/2000 VERDICT (SECOND STAGE) CT.3-ASSAULT W/A DANGEROUS WEAPON FILED
08/28/2000 VERDICT CT.4- ASSAULT & BATTERY FILED
08/28/2000 VERDICT (SECOND STAGE) CT.5-ASSAULT W/A DANGEROUS WEAPON FILED
08/28/2000 VERDICT (SECOND STAGE) CT.6-FORCIBLE ORAL SODOMY FILED
08/28/2000 VERDICT (SECOND STAGE) CT.7-RAPE, FIRST DEGREE FILED
08/28/2000 VERDICT (SECOND STAGE) CT.8-RAPE, FIRST DEGREE FILED
08/28/2000 VERDICT (SECOND STAGE) CT.9-RAPE, FIRST DEGREE FILED
08/28/2000 VERDICT (SECOND STAGE) CT.10-KIDNAPPING FILED
08/28/2000 VERDICT (SECOND STAGE) CT.11-KIDNAPPING FILED
08/28/2000 VERDICT (SECOND STAGE) CT.12-KIDNAPPING FILED
08/28/2000 VERDICT (SECOND STAGE) CT.13-KIDNAPPING FILED
08/28/2000 VERDICT (SECOND STAGE) CT.14-RAPE, FIRST DEGREE FILED
08/28/2000 VERDICT (SECOND STAGE) CT.15-FORCIBLE ORAL SODOMY FILED
08/28/2000 VERDICT (SECOND STAGE) CT.16-FORCIBLE ORAL SODOMY FILED
08/28/2000 VERDICT (SECOND STAGE) CT.17-ROBBERY BY FORCE & FEAR FILED
08/28/2000 VERDICT (SECOND STAGE) CT.18-ROBBERY BY FORCE & FEAR FIL
08/28/2000 FINDING OF AGGREVATING CIMRCUMSTANCES FILED
08/28/2000 VERDICT FORM-DEATH PENALTY PROCEEDINGS, DEATH FILED
08/28/2000 VERDICT FORM (NOT USED)- DEATH PENALTY PROCEEDINGS LIFE IMPRISONMENT WITHOUT THE POSSIBILTY OF PAROLE FILED
08/28/2000 VERDICT FORM (NOT USED)-DEATH PENALTY PROCEEDINGS LIFE IMPRISONMENT WITH THE POSSIBILTY OF PAROLE FILED
08/29/2000 TO FILE SUBPOENA RECALLED PER THE NOBLE DISTRICT ATTORNEY'S OFFICE - JOHN LOCKETT SR
08/29/2000 TO FILE SUBPOENA- BRUCE LOCKETT SERVED 08-28-00
08/29/2000 ORDER TO CONDUCT PRE-SENTENCE INVESTIGATION FILED (C.COPY MAILED TO PROBATION & PAROLE)
08/30/2000 CM-DWB - UPON CTS OWN MOTION, SENTENCING RE-SCHEDULED FOR 10-5-00 AT 10:30 WITH PSI RPT DUE 9-29-00. (PROBATION & PAROLE NOTIFIED OF CHANGE IN PSI THIS DATE)
09/01/2000 PRE-SENTENCE INVESTIGATION FILED
10/05/2000 CM-DWB - COMES ON FOR SENTENCING PURSUANT TO JURY VERDICT RETURNED ON 19 CTS. DEF PRS W/ATT GARY JAMES AND CHRISTIAN ZEEMAN. DA MARK GIBSON PRS FOR ST. DEF HAS FILED OFFER OF PROOF IN RE ALLOCUTION, ASKS CT TO NOT IMPOSE THE SENTENCE OF DEATH. AS TO RECONSIDERATION OF PRETRIAL MOTIONS CONCERNING DEATH SENTENCE, CT HAS PREVIOUSLY CONSIDERED ARGUMENTS AND OVERRULED SAME. THOSE MOTIONS CONTINUE TO BE OVERRULED. AS TO IMPOSING DEATH SENTENCE RECOMMEDED BY JURY IN THIS CASE, CT HAS REVIEWED THE PROCEEDINGS, AND CT UPHOLDS JURY RECOMMENDATION. SENTENCE OF THE COURT: DEF HAS BEEN FOUND GUILTY BY A JURY AND PURSUANT TO THOSE VERDICTS CT SENTENCES DEF TO: CT 1- 45 YRS DOC, CT 2 - 60 YRS DOC, CT 3 - 75 YRS DOC, CT 4 - 90 DAYS NOBLE CO JAIL, CT 5 - 60 YRS DOC, CT 6 - 150 YRS DOC, CT 7 - 175 YRS DOC, CT 8 - 250 YRS DOC, CT 9 - 200 YRS DOC, CT 10 - 100 YRS DOC, CT 11- 100 YRS DOC, CT 12 - 100 YRS DOC, CT 13 - 100 YRS DOC, CT 14 - 250 YRS DOC, CT 15 - 300 YRS DOC, CT 16 - 150 YRS DOC, CT 17 - 85 YRS DOC, CT 18 - 85 YRS DOC, EACH OF THOSE CTS TO BE SERVED CONSECUTIVELY, DEF GIVEN CREDIT FOR TIME PREV SERVED, CT 19 - SENTENCED TO DEATH BY LETHAL INJECTIONS BY DOC, CT WILL SIGN DEATH WARRANT PURSUANT TO THIS SENTENCE, DEF TO BE DELIVERED TO DOC AND ON 12-5-2000, DEF TO BE EXECUTED BY LETHAL INJECTION. DEF ADVISED BY CT OF APPELLATE RIGHTS AND OF RIGHT TO ATTORNEY. DEF ADVISED OF RIGHT TO REMAIN IN NOBLE CO FOR 10 DAYS. DEF WAIVES 10 DAYS IN NOBLE CO. DEF ORDERED TRANSPORTED TO DOC AT FIRST OPPORTUNITY. DEF ANNOUNCES NOTICE OF INTENT TO APPEAL AND MOVES CT TO STAY EXECUTION OF 12-5-2000. DEF CT PROVIDES DEFENSE COUNSEL OF COPY OF CAPITAL FELONY REPORT OF THE TRIAL JUDGE AND ASKS ATTORNEY JAMES TO PUT INPUT INTO IT WITHIN 10 DAYS, AND THEN THE ORIGINAL WILL BE FILED. DEF REMANDED TO CUSTODY OF NOBLE COUNTY SHERIFF.
10/05/2000 OFFER OF PROOF FILED
10/05/2000 DEATH WARRANT FILED & ISSUED
10/05/2000 FILED JUDGEMENT AND SENTENCE AS TO COUNTS 1-18
10/05/2000 FILED JUDGMENT AND SENTENCE AS TO COUNT 19
10/11/2000 DESIGNATION OF RECORD ON APPEAL FILED
10/11/2000 NOTICE OF INTENT TO APPEAL; ORDER DETERMINING INDIGENCY, APPELLANT COUNSEL, PREPARATION OF APPEAL RECORD, AND GRANTING TRIAL COUNSEL'S MOTION TO WITHDRAW; COURT REPORTER'S ACKNOWLEDGMENT; AND NOTIFICATION OF APPROPRIATE APPELLATE COUNSEL, IF APPOINTED FILED
10/16/2000 CERTIFICATE OF APPEAL FILED
10/25/2000 ORDER STAYING EXECUTION FILED
11/03/2000 CAPITAL FELONY REPORT OF THE TRIAL JUDGE FILED
11/06/2000 MOTION FOR NEW TRIAL FILED
01/04/2001 CM-DWB - BY AGREEMENT, CASE WAS CONT'D TO 2-2-01 AT 9:00 AM DUE ATTY JAMES CONFLICT.
01/12/2001 BREIF IN SUPPORT OF MOTION FOR NEW TRIAL FILED
01/16/2001 ORDER FILED
02/16/2001 VR#11001 -- TARA DALE $125.00
01/16/2001 TO FILE ORG. AND 3 COPIES OF JACKSON-DENNO HRG
01/16/2001 ORDER FILED - TRANSCRIPT 125.00
01/24/2001 RESPONSE TO DEFENDANT'S MOTION FOR NEW TRIAL & BRIEF FILED
03/02/2001 CM- DWB, ADA DODSON PRESENT FOR STATE, DEFENDANT PRESENT THROUGH COUSEL JAMES AND ZIMMAN, MATTER COMING ON FOR MOTION FOR NEW TRIAL. ATTY JAMES ON MOTION FOR NEW TRIAL. ADA DODSON'S REPONSE TO DEFENSE. 12 OS 2606B FOR EVIDENTIAL HEARING IS NOT WARRANTED. COURT OVERRULES MOTION FOR NEW TRIAL .
03/27/2001 TRANS. OF VOL I (& 3 COPIES)JURY TRIAL AUGUST 14,2000
03/27/2001 TRANS.OF VOL II (& 3 COPIES) JURY TRIAL AUGUST 15,20
03/27/2001 TRANS.OF VOLUME III(& 3 COPIES) JURY TRIAL 8-15-00 P.M
03/27/2001 TRANS.OF VOLUME IV(& 3 COPIES) JURY TRIAL 8-16-00 A.M
03/27/2001 TRANS OF VOLUME V(& 3 COPIES) JURY TRIAL 8-16-00 P.M.
03/27/2001 TRANS OF VOLUME VI(& 3 COPIES) JURY TRIAL 8-17-00 A.M PAGES 1044 AND 1045 OF VOLUME VI
03/27/2001 TRANS OF VOLUME VII(& 3 COPIES) JURY TRIAL 8-17-00 P.M
03/27/2001 TRANS OF VOLUME VIII( &3 COPIES) JURY TRIAL 8-18-00
03/27/2001 TRANS OF VOLUME IX(& 3 COPIES) JURY TRIAL 8-21-00 FIL PAGES 1568 TO 1645
03/27/2001 TRANS OF VOLUME X (& 3 COPIES) JURY TRIAL 8-22-00 A.M PAGE 1838 AND 1839
03/27/2001 TRANS OF VOLUME XI(&3 COPIES) JURY TRIAL 8-22-00 P.M.
03/27/2001 TRANS OF VOLUME XII (&3 COPIES) JURY TRIAL 8-23-00 FI
03/27/2001 TRANS OF VOL XIII(& 3COPIES) JURY TRIAL 8-24-00 VOL XIII CONT'D -PAGES 2307 - 2345
03/27/2001 TRANS OF VOL XIV (& 3 COPIES) JURY TRIAL 8-25-00 VOL. XIV CONT'D PGS 2538 TO 2611
03/27/2001 TRANS OF VOL XV (& 3 COPIES) JURY TRIAL 8-28-00 VOL XV CONT'D PAGES 2804 TO 2859
03/28/2001 NOTICE OF FILING FILED
03/28/2001 TRANS. AND 3 OF MOTION HEARING HELD ON 8-8-00 FILED
03/29/2001 TRANS. +4 OF SENTENCING HELD ON 10-5-00 FILED
03/29/2001 TRANS+ 4 OF MOTION FOR NEW TRIAL HELD ON 3-2-01 FILED
03/29/2001 NOTICE OF FILING FILED
03/30/2001 CERTIFICATION OF ORIGINAL RECORD FILED
03/30/2001 NOTICE OF COMPLETION FILED
04/02/2001 ORDER FILED
04/02/2001 VR#11063 TARA DALE- TRANSCRIPT $260.00
04/03/2001 REQUEST TO TRANSMIT APPEAL RECORDS FILED
04/06/2001 RECEIPT FOR 3 ENTIRE APPELLATE RECORD - CLERK OF THE SUPREME COURT
04/06/2001 RECIEPT FOR 1 ENTIRE APPELLATE RECORD- OKLAHOMA INDIGENT DEFENSE
04/06/2001 ORDER FILED - VR#11065 -L. DROUHARD--$7640.61
04/18/2001 ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS AND/OR PROHIBITION
07/27/2001 PETITION FOR DISCLOSURE OF CONFIDENTIAL RECORDS FILED
07/27/2001 ORDER FOR DISCLOSURE OF CONFIDENTIAL RECORDS FILED
08/08/2001 CM- PER ATTY ROBERT JACKSON PETITION FOR DISCLOSURE OF CONFIDENTIAL RECORDS IS MOOT
09/21/2001 FILED DEFENDANT CLAYTON LOCKETT'S MOTION FOR AN ORDER AUTHORIZING DNA COMPARISON OF CERTAIN PHYSICAL EVIDENCE
09/21/2001 FILED ORDER
12/06/2001 APPELLATE MANDAMUS RECORD RETURNED
01/10/2002 ORDER DECLINING JURISDICTION FILED (AS TO REMOVAL OF CURRENT COUNSEL)
05/20/2002 CERTIFICATE OF APPEAL FILED
10/07/2002 MANDATE FILED
10/07/2002 RETURN OF THE COURT CLERK & RECEIPT RETURNED TO CLERK OF APPELLATE CLERK
10/23/2002 OPINION DENYING POST-CONVICTION RELIEF AND DENYING VERIFIED MOTION FOR EVIDENTIARY HEARING ON POST-CONVICTION CLAIMS FILED
09/12/2012 TAX INTERCEPT ADD SENT TO OKLAHOMA TAX COMMISSION $10.00
01/23/2014 ORDER MARCH 20, 2014
03/25/2014 ORDER VACATING AND RESETTING EXECUTION DATES FILED
04/14/2014 ORDER DENYING STAYS OF EXECUTION FILED
04/22/2014 ORDER DENYING STAYS OF EXECUTION FILED
04/22/2014 MEMORANDUM OPINION FILED
04/25/2014 APPEAL FROM DISTRICT COURT OF OKLAHOMA COUNTY FILED
04/25/2014 OTHER
04/28/2014 ORDER DENYING APPLICATION FOR STAY OF EXECUTION FILED
08/10/2017 DEFENDANT WAS EXECUTED ON 4-19-14
08/10/2017 DISMISSING COSTS $-2,401.00
08/10/2017 (Entry with fee only) $-1,015.00
08/10/2017 (Entry with fee only) $-200.00
08/10/2017 (Entry with fee only) $-133.00
08/10/2017 (Entry with fee only) $-57.00
08/10/2017 (Entry with fee only) $-40.00
Grand Total $0.00

Calendar events

Date Time Description
06/06/1999 PENDING CF - Completed: 10/05/2000, Code: X
06/07/1999 10:00am INITIAL APPEARANCE - Completed: 06/07/1999, Code: X
06/10/1999 11:00am FURTHER APPEARANCE - Completed: 06/10/1999, Code: X
07/19/1999 9:00am PRELIMINARY HEARING CONFERENCE - Completed: 07/19/1999, Code: X
10/01/1999 9:00am COMPETENCY HEARING - Completed: 10/01/1999, Code: X
10/18/1999 9:00am PRELIMINARY HEARING - Completed: 10/15/1999, Code: X
10/20/1999 9:00am PRELIMINARY HEARING - Completed: 10/15/1999, Code: X
11/01/1999 9:00am COMPETENCY HEARING - Completed: 11/01/1999, Code: X
11/15/1999 9:00am PRELIMINARY HEARING - Completed: 11/15/1999, Code: X
11/16/1999 9:00am PRELIMINARY HEARING - Completed: 11/16/1999, Code: X
12/03/1999 9:00am MOTION DOCKET
12/08/1999 9:00am MOTION HEARING - Completed: 01/07/2000, Code: X
02/18/2000 10:00am FEL.SHAKEDOWN - Completed: 01/07/2000, Code: X
02/18/2000 1:30pm MOTION HEARING - Completed: 02/18/2000, Code: X
03/03/2000 FEL.PRETRIALS - Completed: 01/07/2000, Code: X
03/27/2000 SPRING JURY DOCKET - Completed: 01/07/2000, Code: X
06/02/2000 9:00am MOTION DOCKET - Completed: 06/02/2000, Code: X
06/16/2000 9:00am DISCOVERY COMPLIANCE HEARING
07/12/2000 9:00am MOTION DOCKET - Completed: 07/12/2000, Code: X
07/12/2000 10:00am PRETRIAL CONFERENCE - Completed: 07/12/2000, Code: X
07/13/2000 9:00am PRETRIAL CONFERENCE - Completed: 07/13/2000, Code: X
07/13/2000 9:00am MOTION HEARING - Completed: 07/13/2000, Code: X
07/21/2000 9:00am PRETRIAL CONFERENCE - Completed: 04/05/2000, Code: X
08/04/2000 2:00pm MOTION DOCKET - Completed: 08/04/2000, Code: X
08/08/2000 1:00pm MOTION HEARING - Completed: 08/08/2000, Code: X
08/14/2000 ST JURY TRIAL - Completed: 10/05/2000, Code: X
08/14/2000 9:00am JURY DOCKET - Completed: 08/14/2000, Code: X
08/15/2000 8:30am JURY DOCKET - Completed: 08/15/2000, Code: X
08/16/2000 8:30am JURY DOCKET - Completed: 08/16/2000, Code: X
08/17/2000 8:30am JURY DOCKET - Completed: 08/17/2000, Code: X
08/21/2000 8:45am JURY DOCKET - Completed: 08/21/2000, Code: X
08/22/2000 8:30am JURY DOCKET - Completed: 08/22/2000, Code: X
08/23/2000 8:30am JURY DOCKET - Completed: 08/23/2000, Code: X
10/05/2000 CONVICTION - Completed: 10/05/2000, Code: X
10/05/2000 10:30am MOTION DOCKET - Completed: 10/05/2000, Code: X
12/07/2000 2:00pm MOTION DOCKET
01/05/2001 9:30am MOTION DOCKET - Completed: 01/04/2001, Code: X
02/02/2001 9:30am MOTION DOCKET - Completed: 02/02/2001, Code: X
03/02/2001 9:00am MOTION DOCKET - Completed: 03/02/2001, Code: X
08/10/2001 1:30pm MOTION DOCKET - Completed: 08/08/2001, Code: X
09/12/2012 TAX INTERCEPT ADD
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