Jury Deliberations

F-2012-951

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In OCCA case No. F-2012-951, Darrell Williams appealed his conviction for Sexual Battery and Rape by Instrumentation. In an unpublished decision, the court decided to reverse his convictions and remand the case for further proceedings. One judge dissented. Darrell Williams was found guilty by a jury in Payne County of multiple counts, including Sexual Battery and two counts of Rape by Instrumentation. Although the jury had acquitted him of two other charges, he was sentenced to one year in jail for each conviction, with the sentences to run at the same time. Williams felt that his trial was unfair and raised several reasons, or propositions, for his appeal. Williams argued that the jury was unfairly influenced by outside information during their discussions, which he believed violated his right to a fair trial. He indicated that some jurors visited the scene of the crime without permission and discussed what they saw during their deliberations. The court agreed with his concern that such behavior could affect the jury's decision-making process. During the appeal, the court conducted an investigation to see if the jurors did indeed visit the crime scene and if they talked about it while deciding the case. Testimony revealed that several jurors had made those unauthorized visits and shared their observations. Since the details about the crime's location and lighting were crucial to whether the identification of Williams was accurate, the court concluded that exposure to such outside information during deliberations could have impacted the verdict. Additionally, Williams complained that a bailiff might have made comments about needing a unanimous verdict, which could have pressured the jurors. The trial court looked into this matter as well, but they ultimately found that it was not clear if such comments were made and whether they had any effect on the jurors' decisions. The court found serious enough mistakes in the trial process and decided that Williams did not receive a fair trial. This led them to reverse the earlier judgments against him and send the case back to the lower court for a possible new trial. In summary, the court's main reasons for reversing the convictions were the unauthorized jury visits to the crime scene and the potential influence of the bailiff's comments on the jury's verdict.

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F-2011-1062

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In OCCA case No. F-2011-1062, Scott Allen Phillips appealed his conviction for Lewd Molestation. In an unpublished decision, the court decided to affirm Phillips' conviction and sentence, but remanded the case for consideration of whether Phillips' sentence should be suspended. One judge dissented. Scott Allen Phillips was found guilty by a jury of Lewd Molestation, which is a serious crime involving inappropriate touching of a child. He was sentenced to 25 years in prison, during which he must serve at least 85% before he can be considered for parole. Phillips claimed there were several errors during his trial that should lead to his conviction being overturned. Phillips argued that the prosecutor presented too many instances of inappropriate touching without clearly stating which one he was being accused of for the charge. He also believed there wasn't enough evidence to support the conviction. Additionally, he stated that the judge's decision not to consider a less severe punishment for him was unfair because he exercised his right to a jury trial. Phillips raised multiple issues during the appeal. The court looked at arguments closely and decided that the prosecutor's actions were correct and that they followed the law. They found that there were enough facts for the jury to conclude that Phillips had molested the child. The judges pointed out that the jury's role is to decide who they believe and what evidence to trust. Regarding the sentencing process, the judges noted that the trial judge didn't consider Phillips' request for a lesser sentence. This became important because a judge is expected to think about such requests carefully, regardless of whether the defendant went to trial. This is why the court decided to give the case back to the lower court for a fresh look at Phillips' request for a suspended sentence. Another major point Phillips raised was his concern about how the trial was handled. He asked to speak with jurors after the trial ended, hoping to gather more insight about their decision. However, the court said this was not allowed because jurors cannot discuss their deliberations or decisions after the trial is over. The court also examined the use of videotaped evidence during the trial. Phillips complained that the videos of the alleged victim’s statements should not have been shown again to the jurors while they were discussing. However, the judges felt the decision to show the videos was acceptable and did not harm Phillips' chances at a fair trial. Ultimately, the judges concluded that they would not disturb Phillips' conviction since there was sufficient evidence and no significant errors during the trial that affected the outcome. However, they did want the lower court to look again at Phillips' request for a suspension of his sentence, ensuring he had a fair chance at having that request reviewed properly. In conclusion, the court affirmed the conviction and sentence while allowing the opportunity for reconsideration regarding the potential suspension of the sentence, which shows that even in serious cases, there are processes in place to ensure fair treatment under the law.

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F-2007-575

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In OCCA case No. F-2007-575, Jeffrey Marler appealed his conviction for three counts of Sexual Abuse of a Minor and one count of Possession of Child Pornography. In an unpublished decision, the court decided to modify the sentence for the possession count, vacate the fines imposed on all counts, and otherwise affirm the convictions. One judge dissented regarding the sentencing structure for the sexual abuse counts.

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F-2006-110

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In OCCA case No. F-2006-110, Gilbert Vega, Jr. appealed his conviction for First Degree Felony Murder (while in the commission of Attempted Robbery with a Firearm). In an unpublished decision, the court decided to affirm the conviction but reverse the sentence and remand for resentencing. One judge dissented. Gilbert Vega, Jr. was found guilty by a jury for the murder of Francisco Hernandez. This murder happened during an attempted robbery at Hernandez's home in Oklahoma City in December 2003. During the trial, the focus was on whether Vega was involved in the incident that led to Hernandez's death. The night of the murder, Hernandez, his girlfriend, and a cousin were in their home when three armed men broke in, threatening them. They physically assaulted the girlfriend and demanded information about money and drugs believed to be in the house. After the attackers had beaten and bound the victims, shots were fired. A neighbor heard the commotion and called for help, but by the time police arrived, Hernandez was dead. Evidence against Vega came mainly from his girlfriend, Rachel Prior. She testified that Vega and his cousin left their home that night intending to rob someone. When Vega returned around 3 a.m., he allegedly threatened her with a gun and described how the robbery went wrong. He claimed to have physically assaulted the girlfriend of the victim and had shot a weapon during the incident. Moments later, police found a gun linked to the crime at Prior's house, and DNA evidence from that gun matched Vega's DNA. In the case, several arguments were debated regarding evidence and trial procedures. Vega's team argued that he was denied a fair trial due to certain evidence being admitted. This included evidence related to a boot print found at the crime scene. The court ruled that these demonstrations were not misleading to the jury and were part of a larger set of evidence against Vega, which included strong DNA evidence. Vega also claimed there were errors in allowing certain evidence about DNA testing from beer bottles found near the crime scene and argued his jury was not properly instructed regarding sentencing rules that could affect his case. However, the court found no significant errors and stated that evidence presented at the trial, including Prior's testimony, was strong enough to support the conviction. Ultimately, while Vega's conviction for murder was upheld, the court determined that he needed to be resentenced.

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F-2004-1277

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In OCCA case No. F-2004-1277, Hammons appealed his conviction for trafficking in illegal drugs and related charges. In a published decision, the court decided to affirm the judgments and sentences for Counts 1, 2, 4, and 5, but reversed the judgment and sentence for Count 3. One judge dissented regarding the communication with the jury.

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F 2004-989

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In OCCA case No. F 2004-989, John Fitzgerald Kessee appealed his conviction for First Degree Robbery. In an unpublished decision, the court decided to affirm his conviction but modify his sentence. One judge dissented. Kessee was found guilty of robbing someone and had a long history of prior convictions, which led to a heavy sentence of ninety-nine years. He claimed that there wasn’t enough evidence to support his conviction and said that the way he was tried for the second time after a mistrial violated his rights. He also argued that there were mistakes made during the sentencing that should change his punishment. After looking closely at the case and the arguments made, the court found that there was enough proof for the jury to reach a decision about Kessee’s guilt. They decided that the issues surrounding the mistrial didn’t violate his rights. However, they agreed that the way the prosecutor talked about Kessee’s past sentences was wrong and affected his right to a fair trial. As a result, the court decided to lower his sentence to forty-five years in prison instead of ninety-nine. While most judges agreed with the decision, one judge disagreed with changing the sentence, believing the jury's decision should stand as is.

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F 2003-1084

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In OCCA case No. F 2003-1084, #1 appealed his conviction for #2. In an unpublished decision, the court decided #3. #4 dissented. In this case, Darrell Robert Johnson was found guilty of trafficking illegal drugs and unlawful possession of drug paraphernalia. The jury gave him a life sentence without the chance for parole for the first charge, and a fine for the second charge. He was unhappy with the way the trial went and believed mistakes were made that affected the outcome. One of the key mistakes he pointed out was that the jury had trouble reaching a unanimous decision. During their discussions, it became clear that one juror was not convinced of Johnson's guilt. The juror felt pressured by the others to change his mind, which made the situation problematic and unfair. This juror expressed confusion about the deliberation process in notes to the judge, which should have led to clearer instructions being given. The judge talked to the jurors about what deliberation meant but did not provide the specific charge that addresses situations where juries are stuck. This is typically done to ensure jurors understand they shouldn't feel forced to give in just to agree and go home. After discussing their options, the jury still couldn't agree, and the judge sent them back to deliberate further without giving a proper instruction. Eventually, the jury reached a verdict, but one juror said it wasn’t his honest opinion that the defendant was guilty. The judge had to decide if they could accept that verdict or if they needed to keep discussing. The court found that sending the jury back without the proper instruction was a mistake that affected Johnson's right to a fair trial. It was determined that the pressure on the juror likely influenced his decision to agree with the group. In the end, the court decided that because the jury had not been properly instructed, Darrell's convictions should be reversed. The case was sent back for a new trial. This means that the mistakes made during the trial could not be allowed to stand, and Darrell Johnson deserved another chance to prove his side in court. The judges had differing opinions on this decision, with some agreeing and some disagreeing on whether the trial was managed correctly. One judge believed that the trial judge handled the situation well and didn’t see a reason to reverse the ruling. However, the majority of the court found the errors significant enough to require a new trial.

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F-1999-1422

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In OCCA case No. F-99-1422, Crider appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to reverse and remand the case for a new trial. One judge dissented. Crider was found guilty of killing his 12-year-old stepdaughter, Crystal Dittmeyer, after she went missing in 1996. In trial, the evidence against him included blood found in their home and in his car, as well as a patterned injury on Crider's arm that was argued to be a bite mark from Crystal. The prosecution claimed Crider transported her body in a garment bag and disposed of it. Crider raised several issues in his appeal, including concerns about the reliability of expert testimony that suggested the bite mark on his arm could have come from Crystal. The court found that the expert methods used were not scientifically reliable and did not help the jury understand the evidence. This issue alone warranted a reversal of the conviction. Additionally, the court identified errors in admitting evidence related to luminol tests, which suggested the presence of blood in Crider's car but later tests were inconclusive. The admission of testimony related to a rural area where Crystal's body was not found was also seen as prejudicial and misleading. Overall, the court determined that the combination of these errors negatively impacted Crider's right to a fair trial. The ruling emphasized the need for reliable and helpful expert evidence in criminal trials, especially in cases involving serious allegations like murder. The court called for a new trial to ensure Crider received a fair hearing.

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