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Bill giving domestic abuse survivors sentencing relief advances in Oklahoma Senate

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Bill giving domestic abuse survivors sentencing relief advances in Oklahoma Senate


If someone commits a crime, one basic goal of investigators and the court is to find out why — and learn what factors controlled the situation.

As of this week, Oklahoma is on a path to consider whether a person’s exposure to domestic abuse could be a mitigating factor that affects how the state punishes them for committing that crime.

Senate Bill 1470, which advanced unanimously in the Oklahoma Senate on Thursday, doesn’t directly influence whether someone can be charged or prosecuted. Instead, details of a domestic abuse survivor’s personal history can be used to reduce their sentence.

“We are stating a policy in Oklahoma that domestic violence, physical abuse and sexual violence is unacceptable. Our levels are disparagingly high, and we must address that,” said the bill’s author and Senate Pro Tempore Greg Treat, R-Oklahoma City.

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A similar bill passed through the House of Representatives last year but stalled late in session.

‘Oklahoma is in the midst of a domestic violence crisis’

According to the National Coalition Against Domestic Violence, about half of Oklahoma women experience domestic violence in their lifetime. The same study found that 41% of men are also survivors of abuse that can include physical violence, rape or stalking by an intimate partner.

“Oklahoma is in the midst of a domestic violence crisis, ranking first in the country in the perpetration of domestic violence and third in domestic homicides. At the same time, Oklahoma’s legal system is structured to punish survivors who defend themselves,” said Tara Tyler, executive director of Ponca City’s Survivor Resource Network. “The Oklahoma Survivors Act is a beacon of hope for domestic abuse survivors across the state.”

There are multiple cases of women in Oklahoma charged with murder, but who claim they killed an abuser because they feared for their life. April Wilkens is one of those women, currently serving a life sentence for first-degree murder.

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More: Oklahoma remains among highest in nation in domestic violence homicides, report says

In an op-ed written for The Oklahoman last year, Wilkens said she shot her ex-fiancé after he handcuffed her, raped her and threatened to kill her.

“As he lunged toward me, I shot him with one of his own guns and could not stop firing until the gun was empty. He was shot eight times. Later that day, a sexual assault nurse documented my numerous injuries, including bruises all over my body and vaginal tears,” Wilkens wrote.

The prosecution claimed her injuries happened during consensual sex. Since starting her life sentence 24 years ago, she’s been denied parole four times and two commutation requests were refused.

The proposed law doesn’t apply to sentencing for sex crimes, elder neglect or child abuse. It also can’t be used by those who have received the death penalty.

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Bill also could affect those currently in prison

Along with guiding courts on how to sentence people in newly prosecuted crimes, those who are already in prison will be able to petition the court to examine their sentence in this new light, people like Wilkens.

“It is incredibly important that we embrace trauma-informed sentencing,” said state Sen. Carri Hicks, D-Oklahoma City. “I think it is incredibly important that we continue to recognize that Oklahoma has the highest rate of domestic violence and domestic abuse, and that individuals who could currently be serving terms have been impacted by their abusers — and yet our criminal justice system is not giving them adequate support to overcome their traumatic pasts. I think that this is an incredible step forward.”

While trauma-informed sentencing has been discussed in justice reform circles for a long time, legislatures have been slow to enact these kinds of reforms. If Oklahoma’s bill becomes law, it would be only the second state in the nation behind New York, which enacted its own domestic violence survivor’s law in 2019.

“I think the universal support around this from everyone really shows that we can do reforms that make sense and that truly benefits the public and the interest of justice,” said Alexandra Bailey, senior campaign strategist for the The Sentencing Project, a national advocacy organization. “This should be a very proud moment for Oklahoma.”



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Oklahoma

Arizona men’s basketball at Oklahoma State game thread

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Arizona men’s basketball at Oklahoma State game thread


It’s Game Day!

The Arizona Wildcats complete their Big 12 road trip with a visit to the Oklahoma State Cowboys. The UA has a 3-0 record against OSU but the previous matchups had all been on neutral courts.

Here’s all the info you need to watch, listen to or follow the game online. Come chat with us!

Arizona-Oklahoma State game time, details:

  • Date: Tuesday, Jan. 21, 2024
  • Time: 7 p.m. MT
  • Location: Gallagher-Iba Arena; Stillwater, Okla.
  • Line: According to FanDuel Sportsbook, Arizona is an 8.5-point favorite and the over/under is 153.5. KenPom.com gives the UA an 82 percent chance of winning.

How can I watch Arizona-Oklahoma State?

Arizona-Oklahoma State will be shown on ESPNU. Chuckie Kempf (play-by-play) and King McClure (analyst) will be calling the game.

How can I stream Arizona-Oklahoma State online?

The stream of Arizona-Oklahoma State can be streamed at ESPN.com.

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How can I listen to Arizona-Oklahoma State on the radio?

You can listen to Arizona-Oklahoma State on Wildcats Sports Radio 1290 AM.

How can I follow Arizona-Oklahoma State?

By following us on Twitter (X) at @AZDesertSwarm and our editor Brian Pedersen (@realBJP).

Arizona-Oklahoma State pregame coverage:





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Only woman on Oklahoma’s death row granted Supreme Court hearing

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Only woman on Oklahoma’s death row granted Supreme Court hearing


The U.S. Supreme Court has ordered a case review of the only woman on Oklahoma’s death row, citing concerns over the prosecution’s use of her sexual history during her trial.

Brenda Andrew, convicted in 2004 for the murder of her estranged husband Rob Andrew, argued that prosecutorial tactics, including references to her as a “slut puppy” and the display of her thong underwear during closing arguments, unfairly influenced the jury.

Why It Matters

Brenda Andrew was convicted of conspiracy to commit murder and first-degree murder in the 2001 killing of her advertising executive husband in Oklahoma City.

Prosecutors alleged that Andrew and her lover, James Pavatt, lured Rob Andrew into the garage and fatally shot him with a shotgun, intending to claim his life insurance proceeds. Pavatt also received the death penalty.

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A stock image of the U.S. Supreme Court on November 16, 2022, in Washington, D.C.

searagen/Getty Images

What To Know

A three-judge panel at the 10th Circuit upheld Andrew’s conviction, but one dissenting judge argued that the use of irrelevant evidence rendered the trial fundamentally unfair.

Judge Arlene Johnson of the Oklahoma Court of Criminal Appeals had previously made a similar critique.

Lawyers for Andrew argued that the state had a circumstantial case that it backed up by presenting evidence about “her sexual history, gender presentation, demeanor and motherhood.”

The Supreme Court’s decision does not exonerate Andrew but directs the Denver-based 10th U.S. Circuit Court of Appeals to reconsider her claims. In an unsigned opinion, the court noted that previous rulings under the Due Process Clause prohibit the introduction of evidence so prejudicial that it undermines a fair trial.

Justice Clarence Thomas, joined by Justice Neil Gorsuch in dissent, argued that the state presented “overwhelming evidence” of Andrew’s guilt and upheld her sentence.

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Oklahoma officials echoed this view, maintaining that the references to Andrew’s personal life were “a drop in the ocean” of the case’s evidence.

Oklahoma Woman Death Row Appeal
Brenda Andrew and James Pavatt exit Judge Carol Hubbard’s courtroom in Oklahoma City on July 18, 2002.

AP Photo/The Oklahoman, Steve Gooch

At the 2004 trial, Andrew’s defense argued her innocence, portraying her as a devoted mother and churchgoer. Prosecutors, however, emphasized her extramarital affairs and demeanor, presenting male witnesses who described her as provocative and seductive. The trial culminated in the dramatic display of her thong before the jury, paired with descriptions of her as manipulative and immoral.

The state also highlighted Andrew’s actions following the crime, including fleeing to Mexico with Pavatt before her arrest. Despite Pavatt’s confession to the murder, police and prosecutors asserted Andrew’s involvement in orchestrating the crime, leading to her conviction.

Andrew’s attorneys contend that these tactics violated her constitutional rights. They argue that evidence irrelevant to the crime rendered the trial fundamentally unfair and cast her character, rather than her actions, as the centerpiece of the prosecution’s case.

What People Are Saying

At trial, lawyers for Andrew said: “The state invited the jury to convict and condemn Ms. Andrew to die because she was a ‘hoochie,’ was a bad mother and wife, did not cry publicly, and otherwise failed to adhere to feminine stereotypes.”

Judge Robert Bacharach wrote: “The evidence not only lacked relevance but also cast Ms. Andrew as a woman fixated on seducing nearby men.”

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What Happens Next

The case now returns to the 10th Circuit Court of Appeals, where judges must determine whether the evidence used against Andrew meets the standard for rendering her trial fundamentally unfair.

If the appellate court upholds the conviction, Andrew’s legal options may be exhausted, leaving clemency from Oklahoma Governor Kevin Stitt or the parole board as her last resort.

This article includes reporting from The Associated Press.



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Can we get an ethic’s check in the Oklahoma House? • Oklahoma Voice

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Can we get an ethic’s check in the Oklahoma House? • Oklahoma Voice


A Wisconsin nonprofit that has spent many-an-hour lambasting Oklahoma leaders and schools for blurring the lines between church and state has hired a new regional government affairs manager from  – get this – the ranks of our own legislators.

Rep. Mickey Dollens appears to be a perfect fit for the gig, except for one little detail: the Oklahoma City Democrat plans to continue serving in the Legislature. He thinks it’s fine to advocate for the Freedom From Religion Foundation’s policy priorities while continuing to vote on legislation related to the group’s mission. 

He’ll be tasked with advocating in other states to stop legislative initiatives that attempt to expand Christian nationalism – a noble cause. 

Dollens, who was first elected to the Legislature in 2016, insists that he’s “in no way a lobbyist.” 

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I’m guessing that’s because he’s aware of a pesky state ethics rule that prohibits state officers and employees from “engaging in legislative or executive lobbying.”

At first glance, lobbying seems to be exactly what he’ll be doing. Merriam-Webster defines a lobbyist as someone who “conducts activities aimed at influencing or swaying public officials and especially members of a legislative body on legislation.”

Regardless, this new alliance appears to raise really thorny ethical issues along with a troubling question about who is monitoring the side jobs our elected lawmakers accept and who gets to decide which pose clear conflicts of interest.

Because other than legislators being required to self-disclose potential financial conflicts of interest, it feels a lot like nobody is watching the hen house.

Ours is a part-time Legislature, meeting full-time February through May, so it’s not uncommon for lawmakers to hold outside jobs to supplement their annual base salary of $47,500, which is set biannually by a legislative oversight board. House and Senate leaders earn extra and legislators are also entitled to an extra $174-per-day during session to help cover the cost of accommodations and travel.  

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We currently have legislators who own small businesses, work as farmers, pastors, attorneys, former teachers and insurance agents, according to the state senators’ bios, which generally contain posted, though often vague “occupation” listings to help the public understand what careers senators are pursuing outside of session. 

Voters, though, typically have no idea what jobs House members do  — unless they voluntarily disclose them or they run afoul of the law.

The state House appears to be so lax that they leave it up to legislators to police themselves and make judgment calls on whether a job or a vote is a conflict of interest.

Pardon me if I feel like that’s a flawed strategy following the unfortunate incident involving former Republican House Majority Whip Terry O’Donnell who faced criminal charges related to allegations that he misused his post to change state law to benefit his family to allow his wife to become a tag agent.

While Gentner Drummond ultimately dismissed those charges, he made it clear it wasn’t because he thought O’Donnell was necessarily blameless, but because he believed the Catoosa Republican was unfairly “targeted.” Drummond wrote at the time that a constitutional ban on lawmakers having an interest in state contracts “has not been aggressively or equally enforced.” He warned that the law will be enforced in the future. (In response to the dismissal, O’Donnell then attempted to change ethics rules to allow candidates to use campaign funds to cover attorney costs for “successful defense of an investigation or prosecution.”)

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While the Ethics Commission says it’s within Dollens’ right to take a second job, officials with the watchdog point out that lawmakers are governed by a series of rules, including a lobbying prohibition, impartiality requirements, and from using their position for private gain or the endorsement of any product, service or enterprise.

Some lawmakers take those rules seriously.

Former Republican Sen. John Michael Montgomery resigned from the Legislature in 2023 to serve as the Lawton Fort Sill Chamber of Commerce president.

Rep. Amanda Swope, D-Tulsa, will resign her seat effective Jan. 28 to work as a director of tribal policy and partnership for newly elected Tulsa Mayor Monroe Nichols. Rep. Mark Vancuren, R-Owasso, also resigned recently to serve as a deputy Tulsa County commissioner.

Even Gov. Kevin Stitt has reportedly stepped away from his mortgage business during his gubernatorial term.

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It’s not unusual to see lawmakers take lobbying jobs or agree to head various advocacy groups when they depart the Legislature. But to have a seated lawmaker accept a government advocacy job is outside the norm.

Dollens has been an advocate for educators and lower-income Oklahomans and been transparent with the media, including announcing that he took this role. We probably wouldn’t even know about the new gig if he hadn’t been.

It would be a loss to his constituents to see him leave the Legislature to pursue another opportunity. But if he wants to work for a nonprofit advocacy organization like the Freedom From Religion Foundation that’s probably what should happen.

And any other lawmakers that have jobs that potentially blur the lines should think about doing the same.

We can’t ignore the fact that the group is actively involved in litigation attempting to block state Superintendent Ryan Walters’ mandate to put Bibles in schools and to stop the creation of the first publicly funded religious charter school in our state. And I’m certain the group will actively lobby to block proposed legislation that seeks to post the Ten Commandments in public school classrooms, and restore a Capitol granite monolith honoring those directives and any other ridiculous legislation that blurs the line between church and state.

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There should be a divide between church and state. 

But there should also be a divide between advocacy work and serving in the Legislature. 

And there should be full transparency about what outside jobs our legislators are holding so voters can make their own judgment call on whether there’s a conflict of interest.

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