Oklahoma
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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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.
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.
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.”
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.
Sen. Paul Rosino, R, Senate Health & Human Services Chairman, is renewing an effort to create a single Oklahoma agency focused exclusively on children after similar legislation failed to advance last year.
Senate Bill 1570 passed the Senate but never received a hearing in the House. Sen. Rosino, who is behind the proposal, says growing concerns about child welfare and the well-being of Oklahoma children prompted her to bring the idea back.
A “holistic approach” to children’s services
The proposal would combine several child-focused programs and agencies under one umbrella, including child welfare, foster care, behavioral health services, the Office of Juvenile Affairs and other youth-related programs.
The goal, he said, is to create a more coordinated system that addresses the full range of children’s needs.
“We need to have a sole agency that really concentrates on kids,” said Sen. Rosino. “By having a holistic approach, everything in one agency would be helpful to children.”
Concerns about child welfare
Sen. Rosino says Oklahoma must do more to protect abused and neglected children, noting that intervention doesn’t always mean removing a child from a home.
In some situations, he said, families simply need education, support or services. However, safety concerns can require children to be placed elsewhere.
He also pointed to growing behavioral health challenges facing Oklahoma adolescents as another reason for restructuring services.
DHS already handling broad responsibilities
The proposal is not intended as criticism of the Oklahoma Department of Human Services, he said.
DHS currently oversees a wide range of programs, including aging services, childcare, family support and services for people with intellectual and developmental disabilities.
“DHS is a behemoth,” said Sen. Rosino. “Those people work very hard over there.”
Still, the senator believes child welfare is an area where Oklahoma can improve by creating a dedicated agency focused solely on children.
Not a quick fix
The senator acknowledged the proposal is not a “silver bullet” and would take time to implement.
He said he worked with stakeholders, including foster care advocates, and revised the legislation multiple times based on feedback.
According to the proposal, most existing funding would move with the programs into the new agency, limiting the need for significant new spending outside of administrative costs.
Building support for a long-term change
Sen. Rosino described the effort as a multi-year project requiring lawmakers to understand why a structural change is needed.
While disappointed the bill stalled in the House last year, he said she believes support is growing.
“It’s going to take some time to change hearts and minds,” said Sen. Rosino. “I’m hoping this year we can make some headway there.”
Key Takeaway
Supporters say a standalone children’s agency would give Oklahoma a more focused approach to child welfare, foster care and youth behavioral health, while opponents and lawmakers continue to weigh the costs and logistics of a major government reorganization.
Oklahoma
OKFB pleased with newly proposed settlement in long-running State of Oklahoma poultry case | Oklahoma Farm Bureau
Oklahoma Farm Bureau President Stacy Simunek released the following statement after the State of Oklahoma and 11 Arkansas-based poultry announced Monday, July 13, that a nearly $44 million settlement had been reached in the decades-long lawsuit regarding the application of chicken litter in the Illinois River Watershed.
Oklahoma Farm Bureau members are pleased with the proposed settlement reached between the State of Oklahoma and 11 poultry companies operating in Oklahoma’s Illinois River Watershed over the state’s long-running lawsuit that was based on outdated science and production methods.
The original lawsuit, filed in 2005, created uncertainty for family farmers and ranchers for more than two decades, and this agreement provides a way for Oklahoma farm and ranch families to continue their important work to feed Americans without being unnecessarily burdened.
We appreciate Attorney General Drummond working with the poultry industry to reach a proposed solution that allows the poultry companies and our family farmers to continue to produce the food products we all rely upon while ensuring our shared natural resources are safeguarded for generations to come.
Our state’s farmers and ranchers, including poultry producers in the Illinois River Watershed, are committed to implementing voluntary environmental stewardship practices each and every day to ensure their land is productive and our rural communities are protected.
In this week’s Your Vote Counts, Jason Dunnington and Sen. Paul Rosino discuss the importance of Oklahoma’s runoff election, Oklahoma insurance lawsuits, and mental health issues.
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