The Anadarko Daily News 06/18/2014

June 19, 2014 7:43 pm /

Page Two Wednesday, June 18, 2014 The Anadarko, Oklahoma, Daily News
POLITICAL CALENDAR
V O T E
June 24, 2014
District 26 State Senate
Darcy Jech (R)
Caddo County Assessor
Sandy Crumm (D)
U.S. Senate
Patrick Michael Hayes (D)
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Anadarko
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(ISSN 0744-1398)
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Caddo County
Sheriffs reports
Information provided to The Anadarko Daily News
from sheriffs office booking sheets and reports
Booked in county jail
Three persons were booked into
the Caddo County Detention Center
recently, bringing the total jail pop-
ulation to 83. There were 73 men
and nine women incarcerated with
one female housed elsewhere as of
7:05 a.m. Tuesday, June 17.
Jonathon V. Tate, 39, of Apache
was booked on a warrant for em-
bezzlement in a 2014 case. He was
arrested at 3:27 p.m. Monday, June
16 in Elgin by Deputy Frank Martin
of the Caddo County Sheriffs Of-
fice.
Jason Kodaseet, 29, of Carnegie
was booked for second-degree bur-
glary. He was arrested at 11:52 a.m.
Monday in Carnegie by Officer
William Miller.
William L. Pedro, 39, of Clinton
was booked on a warrant for pos-
session of a controlled dangerous
substance - meth in a 2013 case. He
was arrested at 11:19 a.m. Monday
at the Canadian County jail in El
Reno by Deputy Steve Evans of the
CCSO.
County deputy report
Kelsey Lokey of Lookeba re-
ported a larceny around 8:45 a.m.
Monday, June 16 in the 10000
block of CR1140 near Lookeba.
What was taken was not indicated
on the report, filed by Deputy C.D.
Ferguson.
Fire/EMS reports
Monday, June 16 One unit
dispatched on medical call to 1000
block E. Sunset, no transport, pa-
tient was assisted; one unit sent at
11:25 a.m. on medical call in 300
block W. Colorado, no transport,
patient was assisted; one unit dis-
patched at 11:48 a.m. for medical
transport from 500 block E. Ken-
tucky to Physicians Hospital in
Anadarko emergency room; one
unit sent at 3:41 p.m. for medical
transfer from PHA to Integris Bap-
tist Medical Center in Oklahoma
City, and one unit dispatched at
4:38 p.m. to 1200 block S. Mission
on medical call, patient refusal
In 1812, the War of 1812 began
as the United States Congress ap-
proved, and President James Madi-
son signed, a declaration of war
against Britain.
Marijuana is an issue in
Oklahoma governor race
OKLAHOMA CITY (AP)
Gov. Mary Fallin, a Republican
who has never lost an election dur-
ing a 25-year political career in
Oklahoma, will face two lesser-
known opponents in next week's
GOP primary who have made their
support for legalization of mari-
juana an issue in the campaign.
While it is unusual issue to high-
light in such a conservative state,
criminal defense attorney Chad
Moody known around Okla-
homa City as "The Drug Lawyer"
and computer network operator
Dax Ewbank, a libertarian-leaning
Republican from Guthrie, both said
they support the full legalization of
cannabis. The issue arises as two
separate signature gathering efforts
are underway in Oklahoma to get
marijuana questions on the ballot
one to legalize the medicinal use
of the drug and another authorizing
its complete legalization.
"It's not appropriate to be impris-
oning people and perpetuating po-
lice powers through the drug war,"
said Ewbank, a 38-year-old father
of seven known for openly carrying
his firearm at campaign events.
Moody has a knack for humorous
marketing techniques such as a psy-
chedelically colored Volkswagen
van with his number on it, or a bill-
board adorned with his trademarked
pot leaf that asks: "God made
cannabis. Does God make mis-
takes?" The 46-year-old says his
gubernatorial campaign was
launched to start a pro-marijuana
discussion, but now says he's con-
vinced there is a strong sentiment
against Fallin that he may be able
to exploit.
"From the response we've been
getting I think it's altogether possi-
ble," Moody said.
Ewbank reported spending about
$3,300, while Moody's report was-
n't filed by Tuesday's midnight
deadline. Fallin has raised more
than $3 million so far and has more
than $1.5 million left in her cam-
paign war chest.
If Fallin secures more than 50
percent of the vote, she will ad-
vance to the November general
election against Democratic state
Rep. Joe Dorman of Rush Springs
and two independents.
Fallin said while she's interested
in combating the growing number
of Oklahoma inmates with sub-
stance abuse problems, legalizing
marijuana even for medicinal pur-
poses is not on her to-do list.
"I just don't see that it provides a
substantial benefit to the people of
Oklahoma," Fallin said.
Fallin plans to continue focusing
on the same themes she's ham-
mered throughout her first four
years in office: creating a business
friendly environment that attracts
good jobs, reducing taxes, and im-
proving the state's education sys-
tem.
Two of Fallin's top legislative pri-
orities cutting the state's individ-
ual income tax and repairing the
state's crumbling Capitol both
were approved by the GOP-con-
trolled Legislature this year. The tax
cut measure will drop the individual
rate from 5.25 to 5 percent, and
again to 4.85 percent, but only if
collections grow by enough to off-
set the lost revenue. The Capitol re-
pairs were accomplished with a
$120 million bond issue Fallin
signed into law.
Fallin took a visible role in the re-
covery efforts after the deadly May
2013 tornadoes, although her pro-
posal to allow some school districts
to increase property taxes to pay for
school storm shelters fell flat in the
Legislature.
She also has given strong support
to the death penalty, even in the
wake of the April 29 botched lethal
injection of death row inmate Clay-
ton Lockett. Fallin ordered her sec-
retary of safety and security to
conduct an independent investiga-
tion into the execution, but has said
Lockett's death sentence was law-
fully carried out and that "justice
was served."
And although she has a reputa-
tion as an establishment politician,
Fallin also has taken positions
hailed by the party's right wing such
as rejecting an expansion of Medi-
caid in Oklahoma under President
Barack Obama's health care law,
and signing a bill to repeal Com-
mon Core education standards.
"I've always stood for conserva-
tive principles in the state of Okla-
homa," Fallin said. "And that's how
I've governed."
Oklahoma judge rules Governor
Fallin can withhold documents
OKLAHOMA CITY (AP) An
Oklahoma County judge ruled
Tuesday that Gov. Mary Fallin has
the legal right to withhold some
documents requested by news or-
ganizations under Oklahoma's
Open Records Act.
District Judge Barbara Swinton
ruled that the "deliberative process
privilege" cited by Fallin in with-
holding the documents is recog-
nized by Oklahoma law and
supported by a state Supreme Court
ruling as an exception to the Open
Records Act.
"The court finds the deliberative
process privilege thus may be used
by the defendant to protect the con-
tent of the documents withheld by
the defendant," Swinton's decision
said. But the ruling states aspects of
the documents and emails other
than their contents, including who
sent them, the dates they were sent,
the recipient and any reference
lines, are not exempt from disclo-
sure under the Open Records Act.
Swinton ordered Fallin's office to
prepare a privilege log of the with-
held documents within 20 days that
includes information that must be
disclosed under the law.
Brady Henderson, legal director
of the American Civil Liberties
Union, which filed the lawsuit on
behalf of The Lost Ogle, a satirical
news and entertainment website,
said an appeal is likely in the case.
But Henderson said the decision ef-
fectively narrowed the number and
kinds of privileges the governor can
claim to withhold documents from
the public. Fallin also cited execu-
tive privilege and attorney-client
privilege while withholding the
documents.
"The governor effectively went
into this hearing with three privi-
leges and came out with one," Hen-
derson said. "The governor doesn't
get to unilaterally claim: 'I can
withhold what I want to.'"
Henderson said news organiza-
tions will still be able to find out
who was sending documents and
emails to the governor and what
they were about from the privilege
log.
"Those things alone are impor-
tant," he said.
A spokesman for the governor,
Alex Weintz, said Fallin's office
was pleased with the ruling.
"We expect today's ruling to be
just the first step in a longer legal
process," Weintz said. "The gover-
nor welcomes the chance to resolve
this issue in court and provide clar-
ity as to the provisions and limits of
the Open Records Act."
The ACLU filed the lawsuit last
year on behalf of The Lost Ogle,
which joined with several news or-
ganizations, including The Associ-
ated Press, in a request for
documents from the governor's of-
fice related to her decisions to reject
a state health insurance exchange
and not expand Medicaid coverage
to thousands of low-income and
uninsured Oklahomans. The ACLU
of Oklahoma is representing The
Lost Ogle's parent company, Okla-
homa City-based Vandelay Enter-
tainment, LLC.
Fallin's office released more than
51,000 pages of emails and other
correspondence. But the office
withheld 31 documents consisting
of 100 pages of materials that her
General Counsel Steve Mullins de-
termined to be part of "executive
and deliberative process privi-
leges."
During oral arguments in the
case, Senior Assistant Attorney
General Neal Leader indicated the
withheld documents involved "fiery
debate" over the Medicaid issue,
with some maintaining it was polit-
ically risky and the state could not
afford to expand it while others ar-
gued in favor of extending health
care coverage to thousands of Ok-
lahomans who do not have it.
Leader said that kind of "frank,
candid and confidential" communi-
cations among the governor's staff
and others is needed for the office
to function.
In 1885, the Statue of Liberty ar-
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Oklahoma teen faces accessory
charge in Australians death
DUNCAN, Okla. (AP) A 16-
year-old boy accused in the shoot-
ing death of a baseball player from
Australia will no longer face a first-
degree murder charge and is testi-
fying against two teenage
co-defendants.
The Stephens County District At-
torney's Office on Tuesday filed a
motion to dismiss the murder
charge against James Francis Ed-
wards Jr. Prosecutors filed a new
charge of accessory after the fact in
juvenile court against Edwards in
the shooting death of Chris Lane,
22.
Edwards testified against 18-
year-old Michael Dewayne Jones
and 17-year-old Chancey Luna dur-
ing their preliminary hearings and
is expected to testify against them
at trial in August. Both are charged
with first-degree murder. Prosecu-
tors had earlier said they would dis-
miss the first-degree murder charge
against Edwards in exchange for his
continued testimony.
Evidence gathered since the
killing "tends to further implicate
Chancey Luna and Michael Jones
and further casts doubt on the role
of Edwards in the murder of
Christopher Lane," according to the
motion.
The motion stated that "it is in the
best interests of justice that this
matter be dismissed and that the
State be allowed to proceed against
Edwards in the juvenile division of
the Stephens County District
Court." Because the charge is in ju-
venile court, records in the case are
sealed. There is also a gag order.
Lane was shot while jogging
along a tree-lined road in Duncan
while visiting his girlfriend's par-
ents in August. Investigators said he
was randomly targeted by "bored"
teenagers. He had been preparing to
enter his senior baseball season at
East Central University in Ada.
Edwards' mother, Brenda Ed-
wards, said following the closed-
door court hearing on Tuesday that
her heart goes out to all the families
involved.
"I never got a chance to acknowl-
edge the Christopher Lane family
and I just wanted to make that ac-
knowledgement," said Brenda Ed-
wards, who had been in prison for
drug charges and was released in
April, according to the Oklahoma
Department of Corrections website.
Class-action lawsuit
attacks 1989 rate order
OKLAHOMA CITY (AP) A
class-action lawsuit was filed Tues-
day seeking to nullify a 1989 Cor-
poration Commission order that set
telephone rates for a predecessor
company of telecommunications
giant AT&T.
The lawsuit was filed in Okla-
homa County District Court by
Sody Clements, mayor of the afflu-
ent Oklahoma City suburb of
Nichols Hills, and retired Lt. Gen.
Richard Burpee, former com-
mander of the Oklahoma City Air
Logistics Center at Tinker Air Force
Base.
The lawsuit alleges Clements,
Burpee and other telephone
ratepayers in the state were harmed
by "the legacy of misconduct" by
AT&T's predecessor, Southwestern
Bell Telephone Company.
The lawsuit asks that the Corpo-
ration Commission order which
lowered telephones rates but did not
include refunds of what the lawsuit
alleges were "excess revenues"
be voided. The lawsuit alleges that
the 2-1 vote that approved the rate
change was tainted by a bribe paid
to former Commissioner Bob Hop-
kins by a Southwestern Bell attor-
ney. Hopkins was convicted in
federal court of accepting money to
influence a vote and the attorney,
William Anderson, was convicted
on a federal bribery charge.
A spokesman for AT&T, Marty
Richter, said the issue raised in the
lawsuit "has been thoroughly re-
viewed and resolved numerous
times by the Oklahoma Corporation
Commission and by the Oklahoma
Supreme Court. This should be a
closed issue."
The Oklahoma Supreme Court in
2010 rejected a request by Corpo-
ration Commissioner Bob Anthony
to reopen the case. The court ruled
Anthony had failed to advance any
new argument that would produce
a different result.
The lawsuit states that after the
corporate federal income tax rate
was cut in July 1987, Southwestern
Bell received an annual windfall
under existing rates and generated
"excess revenues," which the Cor-
poration Commission could order
refunded to consumers.
"Motivating its wrongdoing,
(Southwestern Bell) wished to keep
for itself these 'excess revenues'
which later were found to amount
to over $100 million per year," the
lawsuit alleges.
Among other things, an order ap-
proved by the Corporation Com-
mission on Sept. 20, 1989, ordered
Southwestern Bell to reduce rates
but did not order further reductions
and refunds. Anthony cast the lone
dissent in the 2-1 decision and said
the majority decision "gives only
minor or indirect benefit" to most
telephone customers.
"Just on principal, I believe some
or all of the overcharge should be
refunded to the broad base of tele-
phone consumers," Anthony wrote
in his dissent.
The lawsuit asks for a judicial de-
termination that the 1989 order "is
constitutionally invalid and void"
because it lacks approval of a ma-
jority of the three-member commis-
sion when the bribed vote of
Hopkins is excluded. The commis-
sion regulates public utilities and
the oil and gas industry, among
other activities.
The lawsuit also seeks refunds of
any "excess revenues" collected by
AT&T and Southwestern Bell since
July 1, 1987. The lawsuit says the
size of the class likely numbers
hundreds of thousands of current
and former AT&T customers.
Investigation
into Chamber
of Commerce
TAHLEQUAH, Okla. (AP)
The Oklahoma State Bureau of In-
vestigation says its agents are look-
ing into allegations of
embezzlement at the Tahlequah
Chamber of Commerce.
The OSBI said Tuesday that
agents are investigating money the
chamber has collected, who had ac-
cess to the funds and how the
money was spent. The amount of
money involved was not released.
Tahlequah Chamber of Com-
merce officials did not immediately
return a phone call seeking com-
ment.
The OSBI said its investigation
will be presented to the district at-
torney to determine whether
charges will be filed.
Man drowns
while swimming
in Lake Texoma
CARTWRIGHT, Okla. (AP)
The Oklahoma Highway Patrol
says the body of a Texas man who
drowned in Lake Texoma has been
recovered.
An OHP report says the body of
20-year-old Cecilio Perez Vamar-
ripa of Sherman, Texas, was recov-
ered shortly before 3 p.m. Tuesday.
The patrol says Vamarripa was
swimming Sunday when he appar-
ently became tired and went under
the water in the Willifa Woods area
and didn't resurface. His body was
found in about 7 feet of water.
Missouri executes inmate
for killing two women
BONNE TERRE, Mo. (AP) A
Missouri inmate was put to death
early Wednesday for killing two St.
Louis County women in 1996,
marking the state's fifth execution
this year.
John Winfield was executed at
the state prison in Bonne Terre by
lethal injection at 12:01 a.m. and
was pronounced dead at 12:10 a.m.,
a spokesman for the Department of
Public Safety said.
Winfield, 46, took four or five
deep breaths as the drug was in-
jected, puffed his cheeks twice and
then fell silent, all in a matter of a
few seconds.
Winfield shot Carmelita Donald,
his ex-girlfriend and the mother of
two of his children, in the head,
leaving her blind. He also shot and
killed two of her friends, Arthea
Sanders and Shawnee Murphy.
Winfield declined to make a final
statement or eat a final meal. Don-
ald was among those witnessing the
execution. She and other witnesses
declined to comment.
Winfield's execution came
shortly after convicted killer Mar-
cus Wellons was put to death in
Georgia. Wellons' execution was
the first in the nation since a
botched execution on April 29 in
Oklahoma raised new concerns
about lethal injection.
Winfield's attorneys had appealed
to the U.S. Supreme Court over
concerns that a prison worker
dropped plans to write a letter in
support of clemency due to intimi-
dation from staff, and over concerns
about the secretive process Mis-
souri uses to obtain its lethal injec-
tion drug.
But the Supreme Court refused
late Tuesday to halt the execution,
and moments later, Gov. Jay Nixon
denied clemency.
Missouri Attorney General Chris
Koster issued a statement after the
execution, saying that: "Nearly two
decades have passed since John
Winfield's cowardly acts of rage
and jealously changed the lives of
three families forever. ... For his ac-
tions, a court lawfully sentenced
him to death under Missouri law,
and tonight that sentence has been
carried out."
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