George Porter is a fellow editorial writer at The Duncan Banner. George's weekly column normally appears on Fridays in The Banner. This week's column deserves wide distribution.

Steve
Justice denied
The three to two decision by the Oklahoma Court of Criminal Appeals on August 31 overturning the death sentence of Ricky Malone for the brutal slaying of trooper Nik Green in Cotton County on December 26, 2003 is a senseless denial of justice and an affront to the sanctity of the right of trial by jury. The reasoning by the three person majority is outrageous. The presiding judge of the Court of Appeals in his dissenting opinion says it very well: "The majority's opinion was improper…and is merely another attempt to sanitize the defendant but to dehumanize the victim". The rights of victim Nik Green were indeed denied and the future safety of citizens of south-west Oklahoma diminished. Retired Marlow teacher Lynn Baker's letter to the editor that appeared in this paper on September 1 is but one of many expressions of disapproval of the three person majority of the Oklahoma Court of Criminal Appeals. In the opinion of the appeals court, things improperly done in the sentencing phase of the trial included: 1) the trooper's widow, Mrs. Green, in her comments mentions the Bible. "Furthermore, and particularly troubling to this court, Mrs. Green invokes the Bible…This invocation of religious belief and obligation in the context of a capital sentencing recommendation is totally inappropriate". Any normal American should expect a victim's widow to be emotional and speak her mind - including personal thoughts on religion and matters of right and wrong. But the appeals court writes that the victim impact evidence "was too much - both too long and too emotional". Also considered improper was the prosecuting attorney's efforts to build sympathy for the murdered trooper's family. The majority of the appeals court states "It was improper for the prosecutor to so blatantly suggest that Malone's jurors should sentence him to death because the family members were counting on them to do so…it was highly improper to seek sympathy". Does any reader believe that it is not the job of both prosecuting and defense attorneys to try to build sympathy for their client in the minds of jurors? I wrote a brief summary of these events to take to the monthly meeting of the county Republican Party on September 13, and asked that members consider including this issue as a matter for discussion and possible resolutions at the following meeting to be held Thursday, October 11. Many of the about 30 attendees offered comments and additional information before it was unanimously agreed to further discuss the issue in October. Senator Anthony Sykes told the group that Oklahoma is one of only three states in the country that appoints judges as does Oklahoma. The governor appoints, but without the confirmation by the state Senate as is done at the federal level and by the majority of states. Sykes proposed legislation this year to change the law to require Senate confirmation in Oklahoma, but his measure died with a four-four tie vote in committee along party lines. Sykes plans to try again in 2008. Question: Should the county party adopt a resolution supporting a requirement of Senate confirmation of judges nominated by the governor? Voters periodically decide if judges appointed by the governor are to be retained.. It was suggested that the party post on the internet facts about judges the electorate is asked to vote on. Steve Fair, chairman, said he had tried very hard to find information about voting records and other pertinent information about judges due a retention vote, but found that he could find little information. Questions: Should the party attempt to collect and publish voting records and written opinions of judges up for retention? Also, should law mandate this information be made available? The three judges voting to overturn the trial jury sentence were C. Chapel, C. Johnson and A Johnson. Question: Should the county party resolve that these three judges be removed from office by voters when they come up for retention? If any one were successfully removed, future jury decisions might not be improperly reversed. For a jury to impose a death sentence will always be controversial. In Tennessee this month a jury imposed a life sentence without possibility of parole on a former prison nurse for killing a corrections officer while helping her inmate husband escape from prison. That is the prerogative of the jury. The decision of the Comanche County jury to impose the death sentence in the trial of Ricky Malone was within the scope of their discretion, and without legal error by the trial judge, it too should stand. In you find this topic of interest, please plan to attend the meeting of the county Republican Party at the Red River Vo-Tec on October 11. Our meetings are open to the public. A short business meeting comes first, and plans for the Chili Cook-off set for October 20 at the Fair Grounds will be discussed. Our local state Senators and Congressmen will be there. Plan to join us.


George Porter is a retired insurance company executive and a Duncan Banner columnist. He may be contacted at geormrty@wmconnect.com