Blunt Force Trauma Archives

F-2017-1293

Post author:Staff
Post published:December 12, 2019
Post category:F

In OCCA case No. F-2017-1293, Melissa D. Clark appealed her conviction for First Degree Murder-Child Abuse. In an unpublished decision, the court decided to affirm her conviction, and one judge dissented. Melissa was found guilty of First Degree Murder-Child Abuse after a trial by jury. The jury recommended a life sentence, which the court agreed to. Melissa was accused of causing the death of a four-month-old baby while running a daycare. During the trial, evidence showed that Melissa lost her temper and shook the baby, then threw her into a bouncy seat, causing the baby to hit her head and become injured. The baby later died from these injuries. Melissa argued that the evidence was not strong enough to prove she murdered the baby. However, the court concluded that a reasonable person could find her guilty based on the evidence presented. They looked at her own statements to the police, where she admitted to shaking and throwing the baby. Medical experts testified that the baby's injuries were serious and consistent with such actions. Melissa also claimed that her statements to the police should not have been included in the trial because she was not told she had a right to remain silent and a lawyer present, according to a legal ruling called Miranda. The court decided that she was not in a position where she was in custody and therefore, the police did not need to give her those warnings. Additionally, Melissa wanted the jury to be given the option to consider a lesser charge of second-degree manslaughter instead of murder. She argued that her actions could have been seen as an accident. The court found that there was no evidence to suggest her actions were anything but willful and malicious. They concluded that throwing a baby was not something a reasonable person would consider negligent. Finally, Melissa challenged her life sentence, claiming it was excessive. The court stated that the jury had the option to give a longer sentence but chose life instead, which they saw as fair given the circumstances of the case. They decided that nothing in her sentence shocked the conscience of the court. The court affirmed the judgment and sentence, meaning they agreed with the verdict and the punishment decided by the jury.

F-2018-184

Post author:Staff
Post published:April 18, 2019
Post category:F

In OCCA case No. F-2018-184, Juanita Martinez Gomez appealed her conviction for First Degree Malice Murder. In an unpublished decision, the court decided to affirm her conviction. One judge dissented. Juanita, a 49-year-old woman, was found guilty of killing her daughter, Geneva Gomez, who was 33 years old, in Oklahoma City. The events took place in August 2016 after a violent encounter at Juanita's home. Geneva had previously lived with her boyfriend but went to collect her belongings with her mother. The boyfriend later became worried when he could not communicate with Geneva. The trial revealed that when the boyfriend visited Juanita's home, he found Geneva's body. She had severe injuries on her head and signs that she had been beaten. Instead of asking for help, Juanita showed strange behavior, claiming that Geneva was possessed. Evidence showed that Juanita attempted to clean up the crime scene and tried to prevent her boyfriend from leaving. At trial, Juanita did not testify, and her lawyers claimed that her odd behavior and statements meant she did not kill her daughter with intent. The jury, however, found that the evidence showed a clear intention to kill, considering the violent nature of the attack and Juanita's actions afterward. Juanita raised multiple claims of error in her appeal, but the court found that she had not been denied a fair trial. Her statements to the police about her motive for killing Geneva were not allowed in court because they were considered hearsay. The court reviewed the evidence and decided that it was sufficient to support the conviction for malice murder, rejecting Juanita's claims for lesser charges or defenses. The court ultimately affirmed the judgment of the District Court.

S-2009-363

Post author:Staff
Post published:January 26, 2010
Post category:S

In OCCA case No. S-2009-363, Heather Renee Trask appealed her conviction for First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the district court's ruling that prevented the State from arguing alternative theories of guilt against her. One judge dissented. Heather Trask was arrested and charged with very serious crimes after her baby daughter, Mackenzie, died. The baby had injuries that suggested she had been hurt badly. Evidence from doctors showed that the baby died from head injuries caused by blunt force trauma. When the baby was found, she was not breathing and could not be revived. During the trial of Heather's husband, he testified about the night of the baby’s incident. Heather left for work after 7:00 p.m. on the night of the tragedy, and her husband was the only adult with the baby after that time. The experts in the trial said the baby must have suffered severe injuries shortly before she died, but they could not pinpoint the exact moment it happened. The district court listened to the arguments and decided that there was enough evidence to show that Heather’s husband was likely the one who caused the fatal injuries. Because of this, the court ruled that the State could not present alternative theories that might shift blame to Heather. After hearing everything, the appeals court agreed with the district court's decision. They determined that the lower court did not make a mistake by blocking the State from using other theories to argue guilt. Therefore, the ruling that prevented the State from pursuing various angles was upheld, affirming the decision made by the district court.

F-2002-855

Post author:Staff
Post published:August 14, 2003
Post category:F

In OCCA case No. F-2002-855, Brandon Grimland appealed his conviction for First Degree Manslaughter. In an unpublished decision, the court decided to affirm the conviction but modified the sentence from one hundred years to twenty-five years imprisonment. One judge dissented, believing the case should be sent back for re-sentencing. Grimland was found guilty of causing the death of another person through a beating that led to severe injuries. The trial jury recommended a very long sentence of one hundred years, but there were concerns about how the prosecutor talked about parole, which might have influenced the jury's decision. The court agreed that the way the prosecutor approached the topic was not right and decided to reduce the sentence to a more reasonable twenty-five years. While the conviction stood, the judges thought it was important to correct the sentence based on how the trial was conducted.