Freedom of Speech Partially
Restored to Oklahoma
Blistering Appelate Court
Decision Handed Down
Reversed and Remanded for
Dismissal of All Charges
This will be a very short special nnewsletter. The Oklahoma Court of Criminal Appeals handed down the decision in the blackmail conviction, finding that not only was it protected free speech, it was even more protected political speech, and that even if the email wasn't protected by the First Amendment that the email did not meet the standards for blackmail under state statute.
The 3 to 2 decision was bitterly fought but three Appelate Court Justices did the right thing, against what will be huge political blow back against their careers. We were shocked, we fully expected that it would take a Federal Court to ensure that justice and consitutional rights were upheld.
Now former Senator Branan has already had a dose of punishment after he lost his Corporation Commission race by 3%, and you can bet that over 3% of the voters thought that what he did was despicable and tyrannical. The polling on the blackmail charges was running around 50/50 from online news polls from the legally uneducated public.
But the corrupt Oklahoma County Prosecutor David Prater, his equally corrupt 2nd in command Scott Rowland, the corrupt OSBI agent that refused to investigate the matter prior to recomending charges, and all three of the judges that were exposed to the facts and higher court decisions that all proved that this was protected political speech have yet to be punished. And I am sure I am leaving some of the guilty parties out of this short list.
In the Specially Concurs opininon written byJudge J. Hudson that is at the bottom of the court decision, Judge Hudson writes that "We must never allow the Oklahoma blackmail statute to become a sword used to suppress mere political speech or communications of this type with the elected public officials." The average Joe or Jill is not going to regain their trust in the 1st Amendment in Oklahoma because they would not be comforted by knowing they might win on appeal; they need to know that any corrupt politician, judge, or prosecutor will pay a personal price for corrupting the system and participating in the persecution of political speech. Only then will our 1st Amendment right be restored to Oklahoma.
I was lucky, I had the ACLU step up initially, then three fine lawyers that worked on various stages of the case. Tulsa attorney Gary Richardson lent his enormous credibility at a crucial time and prevented a judge from completely rolling over us in a few matters, then Tulsa area attorneys Kevin Adams and Steven Lee took some heavy hits in their family life and in their professional life to handle the actual trial. Then Kevin Adams stepped back up and sucessfully handled the appeal. All three are outstanding lawyers and patriots that stepped up in the darkest hours and convinced the jury that any offense was a piddling offense that did not warrent jail time. The jury was clueless as to the political bad blood between the Oklahoma County Prosecutor's office and my group, the even worse bad blood between the Sooner Tea Party and the Senate, so when the judge and prosecutor told them that the law said free speech was not a defense they believed them.
Prater of course hated me and probably always will. The Sooner Tea Party dragged his corrupt behind in front of a Grand Jury in 2012, I personally testifed against him, and the Grand Jury had all the copies of our newsletters where we outlined the massive corruption in the Oklahoma County D. A. office. Prater not only did not excuse himself or his office, he sucessfully fought to remain in the case, something that is against Bar Association rules. And the Grand Jury said it was the Sooner Tea Party newsletters that forced them to investigate Prater over the objections of the A.G. advisors.
Then there is the Senate. Few people know that I sent two emails that night, one lead to a felony conviction, the other lead to a Senate bill being killed the next day in the House, a bill that would have jacked up filing fees for public office to insulate the elected officials from regular people running against them. Both emails were quite caustic, but only one could be spun by a corrupt prosecutor and his staff looking for retribution.
There were multiple reason why Prater, the Senate, and the corrupt judicial system went after me with these fabricated charges in disregard for existing law but the crucial thing to take away is none of us is safe until the guilty are punished, criminally if possible using Federal Civil Rights statutes, or civilly through lawsuits.