First Degree Child Abuse Murder

F-2017-171

  • Post author:
  • Post category:F

In OCCA case No. F-2017-171, #William Hunter Magness appealed his conviction for #First Degree Child-Abuse Murder. In an unpublished decision, the court decided #to affirm his conviction and sentence. #One judge dissented. William Hunter Magness was found guilty by a jury for causing the death of his 22-month-old son, T.G. The incident happened on November 11, 2013, when T.G. was returned to Magness after spending the day with a friend. Shortly after T.G. returned, Magness called for help because T.G. was in distress. When emergency responders arrived, T.G. had multiple injuries, including bruises and a serious head injury. Tragically, T.G. died a few days later due to severe brain swelling from a large hematoma. During the trial, it was argued that Magness had intentionally harmed T.G., while the defense pointed to possible accidents that could explain the child’s injuries. Medical experts testified about the nature of T.G.'s injuries, and the key issues were whether the injuries were caused accidentally or intentionally. There were disagreements among the experts about the timing and cause of the injuries. Magness raised several arguments in his appeal. He claimed that the state did not prove all elements of the crime beyond a reasonable doubt, that he was not given the proper tools to defend himself, and that important evidence was wrongly excluded. He also asserted prosecutorial misconduct and ineffective assistance of his attorneys. The court reviewed these claims and found that there was enough evidence for a reasonable juror to decide that Magness was guilty beyond a reasonable doubt. They concluded that the trial court had not denied him essential rights or that any errors made did not significantly affect the outcome of the trial. Ultimately, the court upheld the conviction and sentence, stating that Magness would have to serve a significant portion of his life sentence before being eligible for parole.

Continue ReadingF-2017-171

F-2017-1307

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1307, James Rex Clark appealed his conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. James Rex Clark and his wife were charged after the tragic disappearance of a boy named Colton, who was living with them. They had adopted Colton and his older brother T.J.S. after the boys were removed from their biological parents due to drug and alcohol issues. In 2006, Colton was reported missing, and a massive search took place; however, no trace of him was ever found. T.J.S. later revealed that he had been abused by the Appellants and expressed fears about his brother's fate. After years had passed, T.J.S. reached out to authorities to provide information about the abusive environment he and Colton had experienced while living with their uncle and aunt. As a result of T.J.S.’s testimony and an investigation that followed, both James and his wife were charged with the serious crimes. During the trial, T.J.S. described the harsh treatment he and Colton endured, which included physical abuse and isolation from others. He explained that after Colton had an argument with James, he was taken to a bedroom, and T.J.S. later found him unresponsive on the couch. James tried to argue that he did not receive a fair trial. He claimed that parts of the trial were not properly recorded and that he was not given a fair chance to defend himself. He contended that evidence against him was presented in a way that was not appropriate and that the prosecutor acted unfairly during the trial. However, the court explained that there was no evidence that the issues James raised affected the outcome of the trial. They found that the testimony about Colton’s character and life was important and properly admitted to show that he would not have run away. They also considered that the defense did not provide sufficient reasons for their claims of error. Ultimately, the court upheld the conviction, affirming that the evidence showed James was guilty of the serious charges. T.J.S.'s accounts of the abuse were significant in proving what James and his wife had done. The judges concluded that despite the many claims made by James, they did not find the errors alleged by him to be valid or sufficient to overturn the jury's decision. The court’s ruling confirmed that James would face life imprisonment as recommended by the jury based on the severity of the crimes committed against Colton. This case highlighted serious issues regarding child welfare and the responsibilities of adults toward children in their care.

Continue ReadingF-2017-1307

F-2017-1306

  • Post author:
  • Post category:F

In OCCA case No. F-2017-1306, Rebecca Faith Clark appealed her conviction for four counts of Child Abuse by Injury and one count of First Degree Child Abuse Murder. In an unpublished decision, the court decided to affirm her convictions and sentences. One judge dissented. The case involves serious allegations against the appellant and her husband, who adopted two boys after they were removed from their biological parents due to neglect. The abuse came to light after the younger boy, Colton, went missing in 2006. An extensive search was conducted, but he was never found. During this time, the older brother, T.J.S., raised concerns about the treatment he and Colton were receiving at home. He reported incidents of physical abuse, including being beaten and isolated by the appellants. After several years, T.J.S. contacted law enforcement about the mistreatment and his brother's disappearance, which led to reopening Colton's case. The trial revealed chilling details about the life of the brothers in the appellants' care. T.J.S. provided testimony about the physical and emotional abuse they suffered, including beatings, emotional manipulation, and the traumatic events surrounding Colton's disappearance. In her defense, the appellant denied any wrongdoing and argued that the boys were troubled and often acted out. She claimed T.J.S. was the source of the injuries he reported, and she maintained that Colton had run away rather than suggesting any harm had come to him. The court examined various claims raised by the appellant, including ineffective assistance of counsel and improper admission of evidence. Ultimately, the court upheld the conviction, indicating that the overwhelming evidence against the appellant affirmed the decision of the jury. The opinion emphasized the role of the older brother's testimony and the psychological and physical marks left from the alleged abusive environment. It highlighted the principles of joint representation and the appellant's decisions during the trial process. Given these factors, the appellate court found no compelling reason to reverse the lower court's decision. Overall, the OCCA concluded that the appellant received a fair trial, despite her arguments to the contrary, and affirmed the judgment and sentence. The dissenting opinion focused on specific aspects of the trial proceedings but ultimately shared the conclusion regarding the affirmance of the convictions.

Continue ReadingF-2017-1306

F-2013-958

  • Post author:
  • Post category:F

In OCCA case No. F-2013-958, the appellant appealed his conviction for First Degree Child-Abuse Murder. In an unpublished decision, the court decided to affirm the conviction but remand the case for re-sentencing. One judge dissented. The case involved Gregory Antwon O'Neal, who was convicted for the murder of his two-month-old daughter, Tianna Marie O'Neal. The events began on May 17, 2007, when O'Neal and the child's mother brought Tianna to a hospital because she was unresponsive. At the hospital, doctors found Tianna had multiple injuries, the most serious being a skull fracture that resulted in brain swelling and ultimately her death the following day. Throughout the trial, the prosecution argued that O'Neal had either directly caused the injuries or allowed someone else to do so. O'Neal claimed that Tianna had fallen off a folding chair earlier that day and did not admit to any violent behavior. However, the medical evidence suggested that the injuries were consistent with abuse rather than accidental harm. The prosecution presented multiple medical experts who testified that the injuries Tianna suffered were serious and not likely to have occurred from normal accidents. O'Neal made several statements that appeared to change over time regarding how Tianna was injured. His comments while in custody were interpreted as signs of guilt. For example, when speaking to friends and family from jail, he seemed more worried about the potential consequences for himself rather than the well-being of his daughter. The prosecution used these statements to argue that O'Neal demonstrated a consciousness of guilt. The trial featured a defense expert who suggested that similar injuries could potentially happen through accidental means, which contradicted the prosecution's claims. Despite this, the jury found O'Neal guilty, leading to a sentence of life imprisonment without parole. On appeal, O'Neal argued several points, including the sufficiency of the evidence against him, claims of errors during the trial, and ineffective assistance of his counsel. The court's opinion examined these arguments, ultimately deciding that there was enough evidence to support the conviction. However, the court recognized an issue regarding the prosecutor's conduct during closing arguments, finding that the use of a doll as a prop during closing to dramatize the potential abuse was inappropriate and could have improperly influenced the jury. As a result, the court upheld O'Neal's conviction but ordered a new hearing for re-sentencing, emphasizing the need for proper conduct in courtroom arguments. One judge dissented, arguing that the prosecutor's actions did not merit a new sentencing as they did not sufficiently affect the trial's outcome. In conclusion, the court reiterated the importance of safeguards in the legal process, highlighting the need for a fair trial where jury members follow the evidence and court instructions rather than emotional appeals during closing arguments.

Continue ReadingF-2013-958

S-2009-363

  • Post author:
  • 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.

Continue ReadingS-2009-363