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However, facts differ from case to case, as do results. This report does not constitute a promise, prediction or guarantee regarding any future work. The Pierce Law Firm, P.C. can only promise to do it’s best to obtain the best result for it’s clients. Just a few of these results are listed here. Oklahoma v. Howard D. Baker, Cleveland County, CF-92-812. Defendant charged with 1st degree murder and wrongfully convicted of 2nd degree murder because the trial judge, despite Mr. Pierce’s strong vocal objections, made a legal error in allowing Mr. Baker’s ex-wife to testify about a statement he made to her during their marriage. Conviction reversed by the Oklahoma Court of Criminal Appeals and sent back to the trial court where Mr. Pierce then obtained a full dismissal of the case. Oklahoma v. Rita Jean Love, McCurtain County, CRF-93-52. Defendant charged with 1st degree murder of her 70 year old husband who she shot nearly 18 times as he sat on the floor eating a bowl of ice cream. This was a landmark trial in Oklahoma for being the first pre-appeal jury acquittal using the battered wife defense after that defense was accepted by the Oklahoma Court of Criminal Appeals. Oklahoma v. Christopher Dewayne Billingsley, Oklahoma County, CF-96-3674. Defendant charged with 1st degree murder in alleged gang related car-to-car shooting. After nearly three days of trial proceedings, and vigorous cross-examination of a self-professed “eye-witness”, Mr. Billingsley was acquitted after only 16 minutes of jury deliberation. Oklahoma v. Terry Dwight Banner, Cleveland County, CF-93-352/423/427/430/431/436. Represented Defendant in another landmark trial, as it was the first Oklahoma trial of alleged street gang members under the R.I.C.O. (racketeering) statutes. Besides racketeering, however, Mr. Banner was also tried simultaneously for eleven other crimes, including possession of cocaine, robbery by force, grand larceny and embezzlement. After 8 days of trial and the prosecutor’s admonitions for a lifetime of prison, the jury acquitted Mr. Banner of racketeering and everything else but one count each of robbery, larceny and embezzlement. Mr. Banner spent only 3 years and a month in prison. Oklahoma v. Dolphie Dewayne Christian, McCurtain County, CRF-94-250. Defendant (town drunk) charged with assaulting two police officers with a shotgun. Obtained an acquittal by jury. Oklahoma v. Rodney Jerome Broadus, McCurtain County, CRF-94-271. Defendant, a twice convicted felon, charged with assault and battery on a police officer and possession of cocaine. Waived bifurcation by admitting prior convictions and was acquitted by a jury on both counts. Oklahoma v. Willis Keith Maycumber, Cleveland County, CF-96-1964. Defendant charged with 6 counts of rape and other sex crimes, including sodomy and lewd molestation. Obtained dismissal of 2 counts of rape after the presentation of state’s evidence and acquittal on all remaining counts by jury after presentation of defense. Oklahoma v. Andrew Lee Green, Cleveland County, CF-96-1580. Defendant charged with shooting with intent to kill and concealing stolen property. Mr. Green, a 44 yr old alcoholic, was being continually harassed and threatened by a 17 yr old thug. Mr. Green, having all he could take, shot the 17 year old with a gun that he had found earlier in a field. The concealing stolen property charge was dismissed by the judge. The jury found Mr. Green guilty of shooting with intent to kill but refused to assess any further punishment against him as he had already spent eight months in the county jail awaiting trial. The judge granted the jury’s wish and released Mr. Green on the spot and in front of the jury with no probation or additional jail time. Oklahoma v. Michael Lee Kious, Cleveland County, CF-99-1844. Defendant with frontal lobe brain disorder and multiple prior felony convictions charged w/ assault & battery on a deputy after being antagonized, pepper-sprayed and dogpiled by guards inside the Cleveland County jail. In Mr. Kious’ defense, Mr. Pierce presented the testimony of America’s foremost expert in forensic neurology and a west coast expert in the effects of pepper spray. That evidence, combined with vigorous direct and cross-examination of numerous past and present jail personnel, resulted in an acquittal by the jury. Oklahoma v. Michael Lee Kious, Cleveland County, CF-99-2212. Same defendant with multiple prior felony convictions charged with assault and battery (biting) of a Moore police officer who, with his fraternal brothers, unnecessarily inflamed Mr. Kious though he had committed no crime. The officers forced a foot chase and the “victim” wrapped his hand around Mr. Kious’ face and tackled him on the pavement. Mr. Kious resisted. Again, presenting the testimony of neurologist, Dr. Jonathon Pincus, plus that of Kansas City forensic psychiatrist Dr. William Logan, the jury heard a dual defense of not guilty or not guilty by reason of insanity. Mr. Pierce used the officers’ own reports and the leather glove of the “victim” as a basis of cross examination and closing, whereupon, the jury brought back a general verdict of not guilty. Oklahoma v. Michael Lee Kious, Cleveland County, CF-99-869. Same defendant with multiple prior felony convictions charged with arson in the burning of a stolen vehicle. Waived two-stage trial, admitted Mr. Kious’ prior convictions during jury selection and opening argument, then won an acquittal based mostly on the vigorous cross-examination of the sole eye-witness who was a self-professed drug addict. Oklahoma v. Jerry D. Tullis, Cleveland County, CF-2001-690. Defendant charged with forcible sodomy and 1st degree rape of his then 14 year old step-daughter. Mr. Tullis married into an already dysfunctional household consisting of a mother and two daughters. Mr. Tullis established and began enforcing rules that encroached upon the 14 year old’s independence, and the power struggle culminated in accusations of sexual abuse. After the examination of many witnesses and an especially vigorous cross-examination of the teenager by Mr. Pierce, using DHS records, school records and her own diary to attack her credibility, the jury completely acquitted Mr. Tullis. Oklahoma v. Daryl Keith Roberts, McCurtain County, CF-2002-14. Defendant charged with robbery by force, assault & battery w/ dangerous weapon and stealing the automobile of a 63 year old lady. This prosecution was based on the victim’s identification of Mr. Roberts. No physical evidence connected him to the crime. By thorough questioning and relentless demands for medical records, Mr. Pierce discovered, and proved at trial, that the victim was legally blind with glasses. Mr. Pierce also established that the victim had selected Mr. Roberts from an improperly administered photo-lineup after being told that Daryl was her assailant. The jury found Mr. Roberts not guilty on all counts. Oklahoma v. Phillip J. Anderson, Cleveland County, CF-2002-974. Defendant (a lawyer) charged with 1st degree rape. In spring 2002, a former client of Mr. Anderson claimed that she had been raped repeatedly during the course of their attorney-client relationship. These accusations spurred an overzealous police detective to conduct a well publicized series of investigations into Mr. Anderson's personal sex life. The "investigations" - all classic cases of shoddy police work - culminated in a media frenzy and three separate rape cases being filed against Mr. Anderson. The second case filed was the first to be tried - alleging the 1st degree rape of a woman who claimed to be in an attorney-client relationship with Mr. Anderson when she was made pregnant "without her knowledge and against her consent" in 1996. After forcing the charges down to 2nd degree rape, Mr. Pierce tried the case to a jury for four days. By vigorous cross-examination of the complaining witness, using her own medical records and her prior testimony to attack her credibility, Mr. Pierce won an acquittal for Mr. Anderson in less than two hours of jury deliberation. The remaining cases were dismissed. Oklahoma v. Carlos Henderson, McCurtain County, CF-2003-449. Defendant charged with 1st degree murder for shooting and killing a local lawyer's son. At trial, Mr. Pierce revealed that the deceased, at the time he was shot, 1) was pointing his own gun at Mr. Henderson, 2) was known to use guns against even his "friends", and 3) had five different drugs in his bloodstream. Having also pointed out that the shot pattern was consistent with Mr. Henderson's account of simultaneously shooting and running scared, Mr. Pierce obtained a not guilty verdict by reason of self-defense. Oklahoma v. Shaunisty Shanks, Beckham County, CF-2003-260, Defendant charged with trafficking 175 grams of crystal methamphetamine found in the rental car she was driving from California to Ohio. The stop, search and conversation between Ms. Shanks and her companion, Franchini, were recorded by the trooper-cam. Franchini, a three time convicted felon, testified at trial that Shaunisty helped him package the methamphetamine and that she knew that she was transporting it. Mr. Pierce’s masterful cross-examination exposed Franchini’s dubious character and complete unreliability as a witness. Ms. Shanks then testified that she had no knowledge of the drugs in the car and the jury found her not guilty. Oklahoma v. Larrie Christopher Upton, Oklahoma County, CF-2003-2423. (trial 04/2005) Defendant accused of nearly 60 different lewd acts including 1st degree rape and sexual abuse. His two step-daughters wanted to live with their biological dad and resorted to "nuclear" tactics when their mother said no. Mr. Pierce attacked the girls' trial testimony with their prior inconsistent statements to family, counselors and detectives; whereas, twelve family members and friends testified to Mr. Upton's character as a good and trustworthy father. Also, Dr. Ray Hand, PhD., testified about the potential unreliability of these kinds of accusations and the taint of slipshod investigative tactics. The jury completely acquitted Mr. Upton.
Oklahoma v. Ronald Mark Harris, Cleveland County, CF-2003-1143. (trial
05/2005) Defendant charged with delaying and obstructing an officer's
investigation into a car driven by Mr. Harris' friend. The policeman, angered by
the driver's uncooperativeness, refused to acknowledge Mr. Harris' assistance in
the investigation. Mr. Pierce cross-examined the officer about his mistakes and
inconsistencies in his reports, and the twisting of Mr. Harris' statements into
a confession to a crime that he did not commit. The jury found Mr. Harris not
guilty in only 30 minutes.
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