Released on = February 17, 2007, 12:51 pm

Press Release Author = Roger Nix

Industry = Law

Press Release Summary = Oklahoma Criminal Court of Appeals judges, Charles Chapel,
Charles Johnson and David Lewis may have violated their Oath of Office when ruling
on Fears v. State, Case No. F-2004-1279, January 26, 2007. United Victims group
seeks support from the Oklahoma Legislature to launch an impeachment investigation.


Press Release Body = 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On July 7, 2006, by unpublished Opinion the Court reversed and remanded the case to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Sentencing Act\" as law that was repealed July 1, 1999 without ever taking effect.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 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.

Contact:

Roger Nix
United Victims
256-272-8448
http://www.unitedvictims.com/

###


Web Site = http://www.unitedvictims.com

Contact Details = Contact:

Roger Nix
United Victims
7403 Knollwood St.
Florence, AL 35634
256-272-8448
http://www.unitedvictims.com/