F-2001-338
In OCCA case No. F-2001-338, Gene Paul Ray appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to reverse his convictions and ordered a new trial. One judge dissented. Gene Paul Ray was found guilty of two counts of Lewd Molestation but was not guilty on six other related charges. The jury gave him a punishment of ten years for each count, and those sentences would be served one after the other. Ray appealed for many reasons. He first argued that it was wrong for a special advocate to help prosecute him. He believed this went against his rights. The court agreed that this was a mistake because the advocate was not supposed to be involved in his case based on the law. The advocate acted like a second lawyer against Ray, which was unfair. Next, Ray claimed that the court made a mistake by allowing an expert to speak about “child sexual accommodation syndrome” before the victims testified. The court found that this was not done properly and that it could have made the jury more likely to believe the victims’ stories without proper evidence. Ray also said that it was wrong for the court to allow the parents of the child victims to testify about what their children said. This meant the jury heard claims of abuse more times than they should have, making the children's stories seem more believable than they might be. Ray argued that he was also unfairly treated when the court allowed the prosecution to talk about his past drinking problems to attack his character. The court agreed that this kind of information shouldn’t have been used in that way, especially since the prosecution did not show it related to the case. Finally, Ray argued that all these mistakes added up to make it impossible for him to have a fair trial. The court agreed and decided that the combination of these errors meant he wasn't treated fairly in the trial. In summary, the court decided to reverse Ray's convictions and ordered a new trial so that he could have a fair chance to defend himself in light of the mistakes that were made during the original trial.