Sallisaw, OK (PRWEB) February 15, 2007
Daniel Hawke Fears was convicted in September 23, 2004 for the killing of two women, Patsy Wells and Reba Spangler and shooting several others during a shooting spree covering 20 miles of U.S. 64 from Sallisaw to Roland Oklahoma. A Sequoyah County jury convicted Fears to two terms of life imprisonment without the possibility of parole; nine terms of life imprisonment; and 120 years.
On July 7, 2006, by unpublished Opinion the Court reversed and remanded the case to the District Court of Sequoyah County for entry of a verdict of not guilty by reason of insanity. Attorney General, Drew Edmondson filed a Petition for Rehearing on July 19, 2006. The Oklahoma Criminal Court of Appeals issued an order staying the mandate on July 20, 2006. On January 26, 2007 the Court denied the Petition for Rehearing and ordered Fears to a mental facility in Vinita, Oklahoma. The jury in this case was denied its decision and essentially ruled incompetent.
United Victims group is asking the Legislature to investigate possible Constitutional violations in the appeal of Fears v. State. under Article 8, Section 1 & 4 of the Constitution of Oklahoma. Court members may have violated their oath, consciously disregarded state law and incorrectly cited the "Oklahoma Truth in Sentencing Act" as law that was repealed July 1, 1999 without ever taking effect. See 1998 Okla. Sess. Laws, 1st Ex.Sess., ch. 2 § 23 (eff. July 1, 1999) and, 1999 Okla. Sess. Laws, 1st Ex. Sess., ch. 5 § 452 (eff. July 1, 1999)
Justice Gary Lumpkin wrote in his dissent "The most egregious violation of our jurisprudence is in the Court's usurping of the authority of the jury verdict in this case". Further he stated, "Rather than being bound by the decisions of fact finders at the trial court, the Court embraces the trump card of de novo review to allow it to do what it would have done if it had been a fact finder. The problem is this is an appellate court subject to limitations on its authority, not "philosopher kings".
Justice Lumpkin continues with, "If the Court were true to its oath and jurisprudence, the proper procedure would be to remand the case to the trial court for retrial under proper instruction as to the law, now that it has decided a change in the law is being made".
United Victims calls on the Oklahoma House of Representatives to create a House Resolution to launch an impeachment investigation and present it to the Oklahoma Senate. As stated in the Oklahoma Constitution, "All political power is inherent in the people; & government is instituted for their protection, security, and benefit, and to promote their general welfare; and they have the right to alter or reform the same whenever the public good may require it."
For additional information, contact Roger Nix or visit http://www.unitedvictims.com
About United Victims:
United Victims is an independent organization of victim's involved in the shooting spree of Daniel Hawke Fears in October of 2002.