F-2010-1079

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In OCCA case No. F-2010-1079, Dale Anthony Chambers appealed his conviction for two counts of Child Sexual Abuse. In a published decision, the court decided to reverse the judgment and remand the case for a new trial. One judge dissented. The case involved allegations made by Chambers's twelve-year-old stepdaughter against him, claiming he had sexually abused her while her mother was away. The girl testified that the abuse began in early 2009 and included inappropriate sexual acts and exposure to adult content. She ultimately revealed the abuse to her mother after first denying it, fearing punishment. Chambers's appeal centered around several arguments, particularly that he was denied his right to confront witnesses against him. This was due to the admission of evidence from a sexual assault examination report that included statements from a forensic interviewer who did not testify at trial. The court found that this violated Chambers's constitutional rights under the Sixth Amendment, which guarantees the right to confront witnesses. The court assessed whether this error affected Chambers's substantial rights and the fairness of his trial. They noted that the admission of hearsay evidence was significant and that it likely influenced the jury's verdict, as the report was specifically requested during deliberations. Since the physical evidence was not strong, the judge emphasized that the case heavily relied on the victim's testimony alone. In conclusion, the court ruled that the improper admission of evidence was not harmless and reversed the conviction, ordering a new trial for Chambers.

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F-2009-385

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In OCCA case No. F-2009-385, Jeffrey Eugene Rowan appealed his conviction for Child Sexual Abuse by a Person Responsible for a Child's Health, Safety, or Welfare. In a published decision, the court decided to grant Rowan's motion for a new trial and dismissed the appeal because the case would be retried. One judge dissented. Rowan was convicted in the District Court of Pittsburg County and sentenced to thirty-five years in prison. His conviction was based on various testimonies, including his own admission to investigators about inappropriate behavior with his stepdaughter and medical testimony suggesting signs of abuse. However, after the conviction, new evidence came to light regarding the medical witness that may have affected the credibility of the case against Rowan. The new evidence showed that the physician assistant who examined the child had her medical license suspended due to drug abuse and misconduct. This detail raised concerns about the reliability of her testimony, which was crucial to the prosecution's case. The court found that this new evidence could change the outcome of the original trial and therefore ordered a new trial. Rowan's original appeal was deemed moot because the case would be retried, and there was no need to evaluate the specific claims raised in that appeal. As a result, the motion for a new trial was granted, and the case was sent back to the lower court for another trial.

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