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JOSH WELCH & JAMES HANKINS
(Oklahoma City) got some love in Pittsburg County on some motion practice, including a motion to suppress a written confession in a lewd acts case. I drafted the motions and Josh argued them and conducted the Jackson v. Denno hearing that resulted in the suppression (two separate contacts with client by cops, no Miranda the second time and officer's credibility shaky because of some discrepancies in the written reports and the times indicated). Josh reported that Judge Bartheld runs a tight ship but was receptive to defense arguments and ordered relief stringently when necessary by, for example, directing the State to produce DHS records by noon the next day for defense inspection (and lo and behold, there were two reports of the complaining witnesses actually admitting to lying about being molested by another person(!) Looks like a possible shot at a bona fide fair trial a week from Monday.
(JOSH WELCH AND JAMES L. HANKINS, Oklahoma City) This is really Part II of the saga of a father and son client tandem who were charged with various lewd acts/rape counts against two step-daughters. Josh did the trial work on the cases and I drafted the motions. As reported in an earlier edition, Josh went to jury trial on the father in McAlester and walked him on all counts. The complaining witnesses had made, and recanted, similar accusations in Arkansas and the police work, including the alleged confession, was just horrible and readily subject to attack. Part II concerns the son's case. The son had actually entered a guilty plea and was sentenced per a deal to 1 in and 9 out w/registration. When Josh got the case he moved to withdraw the plea, which was granted by the trial court. Josh recently worked out the case with a plea to, get this, providing alcohol to a minor with a five year deferred and no registration. Clearly, without the aggressive work in the other case such a disposition would not have been likely. Terrific work, Josh!
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