LAW Magazine

GOING THE DISTANCE OPENING DOORS

for the

INNOCENT

IN HER DEFENSE | DEAN’S COUNCIL ON DIVERSITY | IN TRIBUTE | OKLAHOMA INNOCENCE PROJECT | NORICK RESEARCH CLINIC page 6

page 14

page 30

page 34

page 60

law.okcu.edu

IN PR A ISE OF WORK TH AT IS RE A L

Sparkling on all pages of this issue of LAW, you will find evidence of how thoroughly engaged our law students, faculty and alumni are in the work of the world. In these pages, we praise work that is real. We value experience. We applaud lawyers who pragmatically move through complexity to find solutions to real problems. We celebrate the accomplishments of faculty whose teaching and scholarship creates a solid foundation for our students’ professional and personal success in the world.

ILLUSTRATION BY HAYLEY NICHOLS

With the exonerations of Malcolm Scott and De’Marchoe Carpenter, two clients of our Oklahoma Innocence Project, our law students and Innocence Project staff accomplished one of the most difficult results in the criminal justice system — overturning wrongful convictions. Two men convicted of murder in their late teens are now free after serving 22 years in prison for a crime they did not commit.

Our team’s tenacity, skill and determination carried them to their day in court. And as a result of this hard work, two innocent men are reunited with their families. This is work that is real.

Our alums are showing us the way to succeed as ethical lawyers in a challenging world. They are contributing to the development of the law, creating innovative ways of practicing law, and developing their practices in close connection to the needs of their communities. They are leading multi-national corporations. They are fighting violent extremism through legal work in the U.S. Department of Justice. They are prosecuting and

defending individuals within the criminal justice system. They are representing children in need of help. And they are showing us the power of staying connected to the law school that prepared them for the work of the world.

Our new and historic home in downtown Oklahoma City continues to inspire us. Our daily work takes place in meaningful partnerships with our surrounding community. Through our Norick Municipal Law Clinic, our American Indian Wills Clinic and our Murrah Center for Homeland Security Law and Policy, we are finding many ways to fulfill the promise of being “The City’s Law School.” Operating our school within a stone’s throw of the capitol complex, trial and appellate courts, governmental agencies, and the growing downtown business community has created constant engagement with leaders and policy makers at all levels. Our Center for the Study of State Constitutional Law and Government prepares our students for significant careers in public service.

And indeed we have been recognized as one of the top law schools in the country for public service careers. Our law students and faculty are engaged in work that is real and important to the well-being of our State and City and beyond.

As you can see for yourself, Oklahoma City University School of Law is thriving. Our diverse, innovative and energetic community continues to contribute to the common good in uncommon ways. We warmly invite you into the life of the school and welcome your participation.

DE A N VA LERIE K . COUCH

DEAN

Valerie K. Couch

E D I T O R in C H I E F

Lindsay Graham Director of Communications & Events

COPY EDITOR

Allison Rabon Office of Advancement

CONTRIBUTORS

Lindsay Graham Director of Communications & Events Ally Rodriguez Director of Alumni Relations Lee F. Peoples Director, Chickasaw Nation Law Library Sabrina Davis Reference Librarian, Chickasaw Nation Law Library Jacintha Webster Class of 2016 Claudia Conner Deputy Director and General Counsel, Oklahoma Tourism and Recreation Department

Tara Lynn Thompson Tara Lynn Thompson Creative

C R E AT I V E D I R EC T I O N

IN EVERY ISSUE

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Legal Briefs

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Legal Action

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In Memoriam

& GRAPHIC DESIGN

Amy Fuller Flint Inc. GRAPHIC DESIGN COVER S TO RY CO L L A B O R AT I O N

Bobby Jeffries I L LU S T R AT I O N S

Hayley Nichols

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Class Action

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Simon Hurst Ann Sherman Photography Lisa Lee Photography

CO N TAC T I N FO R M AT I O N

Admissions 405.208.5354 lawquestions@okcu.edu

Advancement 405.208.7101 lawadvancement@okcu.edu

Law Career Services 405.208.5332 hireoculaw@okcu.edu

Chickasaw Nation Law Library 405.208.5271

Communications & Events 405.208.5197 lawnews@okcu.edu • lawevents@okcu.edu

Oklahoma City University School of Law 800 N. Harvey Avenue Oklahoma City, OK 73102 405.208.5337 law.okcu.edu Editorial contributions and submissions, including Letters to the Editor, are welcome.

All submissions are subject to editing and are used at the Editor in Chief’s discretion.

LAW Magazine is a copyrighted publication of Oklahoma City University School of Law.

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Alumni Profiles

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Amicus Universitas

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In Conclusion

60 In Tribute

30 34 Oklahoma Innocence Project Told in 2 Parts

The Making of Justice Free at Last

6

Norick Municipal Law Research Clinic

In Her Defense

14

Dean’s Council on Diversity, Equality and Inclusion

In Her Defense Intern Playing Supportive Role on OSU Homecoming Crash Case Defense Team

BY TA R A LY N N T H O M P S O N

E

very day, when dropping him off for school, Bo DeBose’s dad would say, “Treat people right.”

That’s how he wanted his son to go through the day.

That piece of advice never left him. Not as a kid.

Not as a law student. And not as a member of the defense team for Adacia Chambers, the 25-yearold Stillwater woman accused of killing four people and injuring at least 46 others when she drove her vehicle into the crowd during the OSU Homecoming parade on October 24, 2015.

6

“Even though I have eight other open murder cases, none of them involves the mountain of evidence as this case. Bo’s ability to be organized helps me stay organized,” said Tony Coleman, the defense attorney for Chambers, and a 2005 alumnus of Oklahoma City University School of Law. Through the internship program, DeBose is not only learning about the realities of practicing law,

Coleman

also

spends

time

mentoring

him on every aspect of the business, such as

“It’s been good advice. It’s worked out so far,” said DeBose, dressed impeccably in a pinstripe suit, sitting in the great hall at Oklahoma City University School of Law and speaking with great appreciation for the current opportunity to work on this high-profile case. “I want to put as much energy as I can into defending her and helping her in this situation.”

accounting, marketing, managing personnel, and

DeBose ended up working on the case through his law school internship with The Coleman Law Firm, who is representing Chambers. He was brought in during the discovery process and continues providing support to the defense.

educational, but reaffirming for DeBose, who chose

L A W. O KC U . E D U

communicating with clients.

“In a year’s time, I’ve unloaded so much on him,” said Coleman, who is a strong believer in the internship program. “If he had to today, Bo could go out there and make it on his own.”

The entire process is one that has been not only law school over medical school.

“I wanted a career where I could help people,” he said. “I wanted to do something to give back.”

Coming from a middle-class background, DeBose

For the Chambers case in particular, organization

knows the value of hard work and effort. His father

has been a key necessity, especially with the

taught elementary school for 30 years, while his

prosecution planning to bring in 100 witnesses

mother has worked a variety of jobs from baker to

for their case. However, despite the difficult and

bank teller.

heartbreaking circumstances surrounding the

“I come from humble, middle-class parents,” said DeBose. “They are excited I’m interested in law and they see a lot of potential for me here. I’m on track to be the first lawyer in my family.”

case, DeBose said people have been nothing but kind.

“People keep asking, ‘How’s the case going?’ From professionals to students, people want to know

In fact, DeBose has already accepted a job offer

what it’s like to work on such a big case. I tell them

from Coleman, who has witnessed that potential

it’s amazing. The situation is sad, but it’s a very

first hand.

good case to be a part of and one I’m luck to work on so early in my career with Mr. Coleman.”

“With little to no direction at all, he knows the first steps that are necessary to putting these cases

A trial date is expected either later this year or

together,” said Coleman.

early 2017.

•°

I wanted a career where I could help people. I wanted to do something to give back.

A N T U A N YA S . D E B O S E “ B O ” Class of 2016

8

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Legal Briefs News from In & Around the City’s Law School ILLUSTRATIONS BY HAYLEY NICHOLS

The State of Cyber Together with Crowe & Dunlevy, OCU Law held

communication between the private sector and

The Second Annual National Summit on Homeland

all branches of government, and how this open

Security Law: The State of Cyber on April 19, 2016.

dialogue is the most effective way of determining

Keynote speakers were The Honorable John Carlin,

what terrorists are looking for and what industries

Assistant Attorney General for National Security,

they are targeting.

and The Honorable Suzanne Spaulding, Under Secretary for the U.S. Department of Homeland Security. A notable lineup of both legal and cyber experts weighed in on the balance between security and liberty, with a primary focus on educating employers and their employees about cybersecurity, what to look for in this new war on terror, and how to respond to an attempted breach.

Cybersecurity is on the forefront of national debate right now, especially with the FBI’s feud with Apple and the tech industry for easier access to information.

of terrorism since the 9/11 attacks — how it is the

_____

responsibility of the Unites States to put a stop to

dean valerie couch

Carlin’s opening remarks focused on the evolution

terrorism, both domestically and globally, and how today, more than ever, the private sector is on the front lines of this evolving war on terror.

The National Summit on Homeland Security Law is a program organized by OCU Law’s Alfred P. Murruh

Spaulding’s remarks went one step deeper to

Center for Homeland Security Law and Policy

discuss what steps are being taken to prevent

and is held each April, in conjunction with the

breaches in cybersecurity. She focused on open

anniversary of the Oklahoma City Bombing.

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9

Historic Preservation Award Oklahoma City University School of Law was selected as the recipient of the 2016 State Historic Preservation Officer’s Citation of Merit Award. The law school accepted the award, along with Frankfurt Short Bruza, the architecture and engineering firm responsible for building renovations, on June 2nd at the Statewide Preservation Conference in Enid, OK. The Oklahoma Historical Society awards this honor for outstanding accomplishments in historic preservation. The award recognizes exemplary efforts on the part of an individual,

In this historic place located in the heart of the city, we are able to build new and dynamic connections with the legal, governmental and business communities and contribute to the momentum of our great and growing city.

_____

organization, corporation or government entity in the furtherance of historic preservation at the

dean valerie couch

local, state, or national level.

Court of Criminal Appeals Holds Hearing

10

The Oklahoma Court of Criminal

law students were encouraged to

experience for everyone, particularly

Appeals conducted a hearing

view the live hearing. Immediately

for the 1Ls who were only a few

on September 29, 2015, in the

following, each judge conducted

weeks into their legal education.

J. William Conger Courtroom

a breakout session with students,

at OCU Law. All five judges

which proved to

were present to hear an appeal

be an engaging

on a death penalty case, and

and enlightening

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... five judges were present to hear an appeal on a death penalty case ...

Quinlan Lecture Welcomes Harvard Professor The 2016 Quinlan Lecture was given

by Kenneth Mack, Lawrence D.

OCU Law Hosts National Mock Trial Competition OCU Law was the regional host of the 2016 American College of Trial Lawyers and Texas Young Lawyers Association (ACTL/ TYLA) mock trial competition. Twenty teams from ten different law schools traveled to Oklahoma City February 19–21 to compete in this three-day event. OCU Law had two teams in the competition, comprised of Courtney Zamudio, Claire Christie, Danielle Connolly, Brent Corley, Trent Ghoram and Chris Calvert.

Biele Professor of Law and Affiliate Professor of History at Harvard Law School. His lecture, entitled “What Civil Rights History Can Teach Us About Regulation and American Capitalism,” was attended by more than 100 current and prospective students, alumni and members of the legal community. Mack

I am extremely grateful for all of the support we received from our law school community.

_____

dan pond

discussed current topics like the political debate about the role of law in the economy, the academic

Other law schools competing included the University of Oklahoma, Tulsa University, University of Denver, University of Colorado,

debate about causes of the

Bringham Young University, University of New Mexico, University

financial crisis, the absence

of Utah, University of Montana and University of Arizona.

of history from both debates

After five total rounds of competition, two teams won the

and what civil rights history

chance to advance to the national competition. This year’s

between 1970 and 1990 can do to remedy the absence. Mack, an award-winning author, focuses his scholarship and research on American legal and constitutional history with a particular emphasis on race relations, political and economic life.

Region 12 finalists were from the University of Colorado and the University of Arizona. A team from Harvard Law won in the final National Competition.

“I am extremely grateful for all of the support we received from our law school community,” said Dan Pond, OCU Law alum, Assistant DA, mock trial coach and competition coordinator. “Students, faculty and friends came out to act as judges amongst their busy schedules.

We also had a great outpouring of support financially without which we could not have made this event happen. I’m also grateful for the added support from the OU College of Law who sent students and faculty to assist in the execution

Kenneth Mack

of the competition.”

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11

Alum Named OKIP Executive Director Vicki Z. Behenna was named Executive Director of the Oklahoma Innocence Project (OKIP) in October 2015. Behenna, who is a 1984 graduate of OCU Law, spent 25 years as an Assistant U.S. Attorney in the Western District of Oklahoma.

“Vicki has a reputation as a seeker of justice,” said Dean Valerie Couch. “Her 25-plus years as a federal prosecutor, including her participation in the prosecution of Timothy McVeigh for the Oklahoma City Bombing, is a tremendous resource our Project staff and clinical students can tap into and rely on. I am thrilled she is able to join our hard-working and passionate staff in their efforts to rectify wrongful convictions in our state.”

Vicki joined OKIP staff at a critical time, with one case now in active litigation, dozens more being actively researched and investigated, and still hundreds of others that are under evaluation to determine whether or not there is factual evidence of innocence that can be pursued.

Not to mention that shortly after being named executive director, Behenna and the OKIP staff celebrated their first two exonerations (see p. 34).

“I have always believed it is the responsibility of law enforcement and prosecutors to thoroughly investigate and fairly prosecute those accused of violating the law,” said Behenna. “Justice is never served if an accused is not given every opportunity to defend himself, or if he is denied a fair trial. Victims of crime are not served, and law enforcement should not aspire to convict innocent persons of crimes they did not commit. Our criminal justice system, while better than most, is not perfect. Mistakes happen and it is the mission of the Oklahoma Innocence Project to right those wrongs.”

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Vicki Z. Behenna

Our criminal justice system, while better than most, is not perfect.

Mistakes happen and it is the mission of the Oklahoma Innocence Project to right those wrongs.

_____

vicki z. behenna

Alternative Spring Break Over spring break, twelve OCU

did the drafting. Students said it

program that not only provided

Law students, along with Professor

was a very positive experience. For

students with hands-on legal

Stephanie Hudson and Associate

some, it was their first experience

experience, but also brought legal

Dean of Admissions Laurie Jones,

working directly with

traveled to the Choctaw Nation to

clients, and the effect

provide estate planning services

of making a positive

to Choctaw elders. The program,

difference in someone’s

known as “Alternative Spring

life was evident.

Break,” was a student-launched

OCU was recognized

initiative organized by the Public

for its Alternative

Interest Law Group (PILG) and

Spring Break by the

the Native American Law Student

National Native American Law

services to a community where

Association (NALSA). Students

Student Association and was

they were greatly needed. OCU

said they were inspired by other

awarded a grant to help continue

Law students, who are known for

law schools where students chose

the program next year. Alternative

their service, hope this becomes an

to do community service projects

Spring Break was a very successful

annual event. By Jacintha Webster

... we knew there were communities in need of legal services right here in Oklahoma.

during their spring break, and knew there were communities in need of legal services right here in Oklahoma. The Choctaw Nation was chosen because of the incredible need that faces that area of the state. It has been

Skyline: Timeline The Gary & Sue Homsey Plaza at OCU Law is the site of an art installation sponsored by Downtown Oklahoma City, Inc. A large

estimated that there are thousands

outdoor art installation entitled “Skyline: Timeline” by artist Adam

of Choctaw citizens whose estates

Lanman was installed in June in the law school’s largest outdoor

were never probated. This is in part

space. Lanman’s concept for the piece is for each layer of the

due to a lack of estate planning.

sculpture to represent a year in Oklahoma’s history — reflecting

Additionally, because of the remote

cultural, economic and other significant happenings around the

nature of Southeast Oklahoma, many citizens don’t have access to legal assistance.

The students hosted a Wills and Estate Planning Clinic at the

state. Bob Blackburn, director of the Oklahoma Historical Society, provided guidance for the project which will be available for public viewing for several months.

“Art that is accessible to the public is vital to the community for many reasons, and Downtown Oklahoma City, Inc. has been

Choctaw Nation Community

working for several years to not only promote all of downtown’s

Center in Idabel where they,

art-related experiences, but also to produce and fund more art

under the supervision of Professor

projects,” said Jill Brown DeLozier, Vice President of Downtown

Hudson and Dean Jones, prepared

Oklahoma City, Inc. “Public art helps create a distinctive sense

wills, advanced directives, powers

of place, builds community pride, and gives visitors incentive to

of attorney and other documents

continue exploring. In many cases, art also provides a comfort

for elderly Choctaw citizens. The

or educational function, and it always sparks more curiosity and

1L students conducted client intakes while 2L and 3L students

creativity. We are so proud that Oklahoma City has begun to embrace the importance of public art in our city.”

L A W. O KC U . E D U

13

Diversity Council School Launches Dean’s Council on Diversity, Equality and Inclusion

BY SABRINA DAVIS

I

n the Spring of 2015, Oklahoma City University School of Law Dean, Valerie Couch, began a conversation with several faculty members about how the School of Law could formalize an institutional commitment to diversity. To this end, the School of Law launched the Dean’s Council on Diversity, Equality and Inclusion in August 2015.

According to Dean Couch, the goals of the Council are “to make our commitment to diversity more visible, gather data and information to better understand our school environment, and create initiatives to improve diversity, equality, and inclusion on campus.”

When determining the size of the Council, Dean Couch said she wanted it to be large enough to reflect the diversity of the law school, yet small enough to accomplish its goals. There were 18 members on the Council during its inaugural year, which included students, faculty, staff and local attorneys. Chaired by The Constance Baker Motley Professor of Law, Danné Johnson, the Council has five committees: Student Engagement and Programs, Assessment and Mapping,

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Communications, Outreach to Community and the Profession, and Faculty and Staff Programs.

...being a welcoming, inclusive environment that honors diversity.

The first major initiative of the Council was a schoolwide survey to identify areas upon which the School of Law can improve. This survey gave faculty, staff and students the opportunity to honestly and confidentially provide feedback on sensitive topics. The survey received a 70% response rate and covered a variety of topics, including: personal experiences with diversity and discrimination; attitudes toward diversity; the school’s responses to discrimination and harassment issues; and how to improve the school environment. The School of Law

2015-2016 Members of Dean’s Council on Diversity, Equality and Inclusion Danné Johnson

Tasha Fridia

Chair & The Constance Baker Motley Professor of Law

Student

Lorenzo Banks Director of Diversity Initiatives & Assistant Director of Admissions

Christine Bird Student

Harmonniey Cheadle Student

Valerie Couch School of Law Dean & Professor of Law

Sabrina Davis

Josh Johnson Student

Maggie Lanier Student

Art LeFrancois Professor of Law

Kelly Monroe Academic Services Administrative Assistant

Shannon Roesler Professor of Law

Law Library Professor

Casey Ross-Petherick

Emily Eleftherakis

Clinical Professor of Law, Director of the American Indian Law & Sovereignty Center & Oklahoma City University General Counsel

Associate Attorney at Hartzog Conger Cason & Neville

Steven Foster

Kara Smith

Director of Academic Achievement

Assistant Attorney General for the State of Oklahoma

Eddie Freeman

Samantha Wafer

Student

Student

Mission Statement Oklahoma City University School of Law is committed to creating a community that welcomes, supports and celebrates diversity, equality and inclusion. We strive to maintain: • An academic environment in which all students, faculty and staff are treated with respect and are fully included in the life of the school • A setting in which open and constructive dialogue is encouraged and supported • A community devoted to a culture of inclusion, equality of treatment and opportunity for all, free from discrimination • A place where students develop the knowledge, vocabulary, cultural competence and persuasive skills needed to communicate effectively about complex issues involving race, ethnicity, national origin, gender, sexual orientation, gender identity, socioeconomic status, religion, age and disability.

plans to use the results of the survey as a baseline for assessing progress in addressing these issues over time. Dean Couch led a town hall meeting for students, faculty and staff to discuss the results of the survey on April 21, 2016. In addition, the survey instrument and a written report of the survey results are available on reserve in the law library.

Some of the Council committee’s current activities include: using digital signage to promote diversity, equality and inclusion; creating a Council website;

mapping campus and community resources related to diversity issues; creating a faculty resource bank on how to address diversity issues in the classroom and curriculum; and developing pamphlets highlighting diversity and campus resources.

“The School of Law is committed to being a welcoming, inclusive environment that honors diversity,” said Professor Shannon Roesler. The Council is working hard to ensure the School of Law fulfills this commitment.

•°

This collaborative group is comprised of high level thinkers who are open to exploring diversity in the legal community.

PROFESSOR DANNÉ JOHNSON

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Legal Action OCU Law Faculty Beyond the Classroom ILLUSTRATIONS BY HAYLEY NICHOLS

KEY

DISTINCTION

P R E S E N TAT I O N

P U B L I C AT I O N

Marc J. Blitz alan joseph bennett professor of law director, alfred p. murrah center for homeland security law & policy B.A. Harvard University Ph.D. University of Chicago J.D. University of Chicago

Named Director of The Alfred P. Murrah Center for Homeland Security Law & Policy 2016

Paul M. Clark legal research and writing professor B.A. Northwestern University J.D. Yale University

Co-Chair for the Oklahoma Bar Association’s Law-Related Education Committee 2016 Won State v. Thomas 2014 OK CR 12, ¶ 6, 334 P.3d 941, 947

Police-Worn Body Cameras: Evidentiary Benefits and Privacy Threats American Constitution Society (May 15, 2015)

Free Speech, Occupational Speech, and Psychotherapy 44 Hofstra L. Rev. 681 (2016)

“ The Murrah Center serves as a center for research and education on the legal challenges that face legislators, policy-makers, and those in private sector as they confront terrorism and other threats to the homeland.

”

The Second Annual National Summit on Homeland Security Law: The State of Cyber, 2016

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L A W. O KC U . E D U

Paula J. Dalley

Karen Eby

professor of law

legal research and writing professor

A.B. Princeton University J.D. Harvard University L.L.M. New York University

B.S. Oklahoma State University J.D. University of Tulsa

Recipient of the Full-Time Professor of the Year Award from the OCU Law Merit Scholars 2016

Member of the Outreach Committee for the AALS Legal Writing, Reasoning and Research Section 2016

A Tribute to Charlie Cantrell Vicarious Charity: Social Responsibility and Catholic Social Teaching

40 Okla. City U. L. Rev. 511-12. (2015)

55 J. Cath. Legal Stud., 2016

Destroying the Scope of Employment 55 Washburn L. J., 2016

“ I’d like to express my admiration for Charlie’s

service to the legal profession through his writing.

His works concern subjects that are interesting and useful to practitioners and academics alike.

”

A Tribute to Charlie Cantrell, 2015

L A W. O KC U . E D U

19

Steven Foster

Alvin Harrell

B.A. University of Oklahoma J.D. Oklahoma City University School of Law

B.S. Oklahoma City University J.D. Oklahoma City University LL.M. Southern Methodist University M.B.A. Oklahoma City University

instructor of law director of academic achievement

Judicial Abrogation: Montana and Its Progeny’s Effect on Freedmen’s Treaty Rights 16 Fla. Coastal L. Rev. 345 (2015)

professor of law

Recipient of the Golden Quill Award from the Oklahoma Bar Association 2015 Chair for the Promotion and Tenure Committee Served as mentor for first-year law students Reporter for Oklahoma Bar Association

Using Formative Assessment to Help Doctrinal Professors and Improve ASP Programming

Served on FICL Section Legislative Review Committee

Southwest Regional Consortium of Academic Support Professionals’ Annual Workshop, 2016

Commercial Law Update OBA CLE Program (November 2015)

“ The testing effect

will force students to study earlier. Also, forcing them to recall information helps them retain it longer.

”

Using Formative Assessment to Help Doctrinal Professors and Improve ASP Programming, 2016

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Teaching Consumer Law Biannual program presented by the University of Houston and the University of New Mexico, Santa Fe, NM (May 2016)

West’s Legal Forms, 4th ed. Vol. 13 Commercial Transactions – Negotiable Instruments 2015-16 Supp. Sections 39:1 to 45:1 12 (Dec 2015)

West’s Legal Forms, 4th ed. Vol. 13A Commercial Transactions – Negotiable Instruments 2015-16 Supp. Sections 46:1 to 52:9 (Dec 2015)

West’s Legal Forms, 4th ed. Vol. 15 Commercial Transactions – Documents of Title, Letters of Credit 2015-16 Supp. Sections 1:1 to End (Dec. 2015)

continued

Financial Institutions and Commercial Law Section: Oklahoma Enacts 2010 Amendments to UCC Article 9

by Alvin C. Harrell and Fred H. Miller, OK Bar Journal Vol. 86, No. 30 (Nov. 21, 2015)

The Law of Truth in Lending

Electronic Commerce and Incorporation

by Reference in Contract Law

2015 Supplement, Alvin C. Harrell, Editor, American Bar Association (2015)

by Alvin C. Harrell, OK Bar Journal Vol. 86, No. 30 (Nov. 21, 2015)

Vernon’s Oklahoma Forms 2d, Commercial and Consumer Forms

Ten Current Issues Affecting Consumer Financial Services Law

by Frederick H. Miller, Prof. Alvin C. Harrell and Eric L. Johnson, 2015 Update (Pocket Part), Vol. 4A Chapters 1 to 2A, Thomson Reuters (2015)

by Alvin C. Harrell, Quarterly Report Vol. 68 Nos. 2 & 3 (2014) (published in 2015)

Vernon’s Oklahoma Forms 2d, Commercial and Consumer Forms

2014 UCC Articles 3 and 4 Update – Promissory Notes, Checks, Deposits & Payments

by Frederick H. Miller, Prof. Alvin C. Harrell and Eric L. Johnson, 2015 Supplement to Vol. 4B, Thomson Reuters (2015)

by Alvin C. Harrell, Quarterly Report Vol. 68 Nos. 2 & 3 (2014) (published in 2015)

Vernon’s Oklahoma Forms 2d, Commercial and Consumer Forms

by Frederick H. Miller, Prof. Alvin C. Harrell and Eric L. Johnson, 2015 Supplement to Vol. 4C, Thomson Reuters (2015)

Oklahoma Comments for the 2010 Amendments to UCC Article 9 (with Oklahoma Bar Association, Financial Inst. And Commercial Law Section, Legislative Review Subcommittee), 12A Okla. Stat. Annot. §§1-9-101 to 1-9-710 (2015)

Vernon’s Oklahoma Forms 2d, Commercial and Consumer Forms

by Frederick H. Miller, Prof. Alvin C. Harrell and Eric L. Johnson, 2015 Supplement to Vol. 4B Chapters 3 to 8, Thomson Reuters (2015)

Vernon’s Oklahoma Forms 2d, Commercial and Consumer Forms

2014 Update – UCC Article 9

by Alvin C. Harrell, Quarterly Report Vol. 68 Nos. 2 & 3 (2014) (published in 2015)

Oklahoma Enacts 2010 Amendments to UCC Article 9 86 Oklahoma Bar Journal. 2351 (2015)

Professor Charlie Cantrell: Job Well Done 40 OCU Law Review 503 (2015)

Survey of Community Bank Practices with Respect to “Sight Examination” of Checks

by Alvin C. Harrell, Quarterly Report Vol. 68 No. 4 (2014) (published in 2015)

Casenote: Elonis v. United States – Supreme Court Opines on Federal Criminal Law Standards Governing Violent Internet Speech

by Frederick H. Miller, Prof. Alvin C. Harrell and Eric L. Johnson, 2015 Supplement to Vol. 4C Chapters 9 to End, Thomson Reuters (2015)

by Alvin C. Harrell, Quarterly Report Vol. 68 No. 4 (2014) (published in 2015)

Uniform Commercial Code Series, 2015-16 Cumulative Supplement (Dec. 2015) Vol. 4, Article 3 Commercial Paper

Dewsnup III: Bank of America v. Caulkett

by Frederick H. Miller and Alvin C. Harrell, Thomson Reuters (2015)

2015 Update on Drafts, Notes and Bank Accounts

Uniform Commercial Code Series, 2015-16 Cumulative Supplement (Dec. 2015) Vol. 4, Article 4 Bank Deposits and Collections

by Ashley Warshell and Alvin C. Harrell, Quarterly Report Vol. 68 No. 4 (2014) (published in 2015) 69 Consumer Fin. L.Q. Rep. 31 (2015)

by Frederick H. Miller and Alvin C. Harrell, Thomson Reuters (2015)

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21

Lawrence K. Hellman dean emeritus professor of law

Barry L. Johnson professor of law

B.A. Northwestern University J.D. University of Michigan

B.S. Washington & Lee University J.D. Northwestern University M.B.A. Northwestern University

Why Negligence Per Se Should Be Abandoned

An Unfinished Quest for Justice in Oklahoma

Vol. 20 New York University Journal of Law and Public Policy (Fall 2016)

The Oklahoman (October 2015)

The Puzzling Persistence of Acquitted Conduct in Federal Sentencing, and What Can Be Done About It

An Overview of the Innocence Movement

Vol. 49 Suffolk Univ. L. Rev. 1 (2016)

Wednesday Study Club, Nichols Hills, Oklahoma (October 2015)

An Overview of the Innocence Movement Temple B’Nai Israel, Oklahoma City, OK (October 2015)

An Overview of the Innocence Movement Fortune Club, Oklahoma City, OK (November 2015)

“ We’ve grown accustomed to stories in

the media reporting on the release from prison of someone who had been convicted of a crime they didn’t commit.

”

Oklahoman, 2015

22

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Danné L. Johnson constance baker motley professor of law B.A. University of Pennsylvania J.D. George Washington University

The Blueprint; Moving Toward an Anti-Racist Legal Community Faculty Colloquium at Oklahoma City University School of Law (February 2016)

Why Does “Black Lives Matter” Matter?

Oklahoma City University (Spring 2016)

Class Opening Session United Way of Oklahoma Board Serve (April 2016)

LSAC Finance and Legal Affairs Committee Chair of the Dean’s Council on Diversity, Equality and Inclusion Teaching Comparative Corporate Governance in Seoul, Korea July 2016 YWCA board of directors Oklahoma City University Budget Committee member Recipient of the Best Student Mentor 2015 to 2016 Award

9th Annual Lutie Lytle Black Women Law Faculty Conference Vanderbilt Law (July 2015)

3rd Annual Summer Policy Institute Oklahoma Policy Institute (August 2015)

National Youth Summit on the War on Poverty Oklahoma History Center (April 2015)

“ Discussions about race relations tend not to happen much in the outside world. Either people are uncomfortable talking about it or they don’t bring it up for fear of making someone else uncomfortable.

Class Opening Session United Way of Oklahoma Board Serve (September 2015)

Inclusiveness and Sensitivity Training Oklahoma City University President’s Diversity Taskforce (fall 2015)

Class Opening Session United Way of Oklahoma Board Serve (February 2016)

” Outlook: Things of interest in Oklahoma; RaceTalk Discussion group at OCU Law (The Oklahoman, April 2016)

L A W. O KC U . E D U

23

Eric Laity

associate dean of academic affairs professor of law B.A. Harvard University J.D. Harvard University

Taught a concentrated course on International Tax Law to graduate students and faculty at Tianjin University of Finance and Economics School of Law in Tianjin, China

Vicki Lawrence MacDougall professor of law director, health law program B.A. University of Oklahoma J.D. Oklahoma City University

2015-2016 Supplement, Oklahoma Product Liability Law (Thomson/West, 2015) 277 pp.

Faculty Editor, The Holloway Issue of the Oklahoma City University Law Review, Honoring Judge William J. Holloway, Jr. ( 19232014), United States Court of Appeals for the Tenth Circuit 1968-2014, 40 Okla. City U. L. Rev. 1 (2015)

24

L A W. O KC U . E D U

Lee F. Peoples frederic charles hicks professor of law director, chickasaw nation law library B.A. University of Oklahoma J.D. University of Oklahoma M.L.I.S. University of Oklahoma

City of Oklahoma City Urban Design Commission Member 2016-Present

Designing Spaces that Encourage Learning

Downtown Business Improvement District Oversight Board

in Introduction to Design for Law and Other Academic Libraries: Reflection and Change (Third Edition) (Stephen G. Margeton, 2016)

Midtown OKC Board

An Urban Transformation: Oklahoma City University School of Law Returns to its Downtown Roots Vol. 19, no. 7, AALL Spectrum 13-16 (2015)

Law Library Innovation: How Law Libraries are Adapting to New Standards and Institutional Challenges Association of American Law Schools, 2016 Meeting

User Services and Library Space Solutions for Innovative Legal Education Chinese and American Forum on Legal Information and Law Libraries, 2015 Meeting

The Competent and Ethical Lawyer’s Guide to Legal, Factual & Social Media Research Oklahoma City University School of Law, 2015

Internet Citations in Oklahoma Attorney General Opinions 107 Law Library Journal 347 (2015)

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25

Jennifer S. Prilliman law library professor associate director, chickasaw nation law library B.A. University of Central Oklahoma J.D. University of Oklahoma M.L.I.S. University of Oklahoma

Recipient of The John Shipp Award for Professionalism from the Ruth Bader Ginsburg American Inn of Court 2016 2016 America Association of Law Libraries Leadership Academy in Chicago, IL Elected President, Mid-America Association of Law Libraries (MAALL) Re-appointed Co-Chair, Oklahoma Bar Association Law Day Committee 2016

Cool Tools CafĂŠ Coordinator and Contributor, MAALL Annual Meeting, Kansas City, KS (October 2015)

Leading and Directing Law Libraries Coordinator and Moderator, MAALL Annual Meeting, Kansas City, KS (October 2015)

Marketing Me: Interviews and Professional Communication Speaker, Oklahoma Library Association Career Workshop, Moore, OK (September 2015)

Ruth Bader Ginsburg American Inn of Courth 25th Anniversary Celebration Committee Member and Speaker Coordinator, Oklahoma City, OK (September 2015)

Copyright & Advocacy Keynote Address, Oklahoma Library Association Copyright Workshop, Tulsa, OK (February 26, 2016)

Copyright Dos and Don’ts Panelist, Oklahoma Library Association Copyright Workshop, Tulsa, OK (February 26, 2016)

OBA Leadership Academy Panel Discussion of Leadership Academy Alumni Moderator, Oklahoma City, OK (November 2015)

26

L A W. O KC U . E D U

Oklahoma Legal Research CALI Lesson, with Katie Brown (2016)

Shannon Roesler professor of law

B.A. University of Kansas • M.A. University of Chicago J.D. University of Kansas • LL.M. Georgetown University M.A. University of Wisconsin

Casey Ross-Petherick director, american indian law and sovereignty center clinical professor of law university general counsel, oklahoma city university B.A. Oklahoma City University J.D. Oklahoma City University M.B.A. Oklahoma City University

Federalism and Local Environmental Regulation 48 U.C. Davis L. Rev. 1111 (2015)

Deciding What Equity Means in the Context of Global Climate Change in Rethinking Sustainability to Meet the Climate Change Challenge (Keith Hirokawa & Jessica Owley eds., Environmental Law Institute, 2015)

Appointed General Counsel for Oklahoma City University Fall 2015

State Standing to Challenge Federal Authority in the Modern Administrative State 91 Wash. L. Rev. (June 2016)

Responding to Climate-Related Harms: A Role for the Courts? in Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC (Robin Kundis Craig & Stephen R. Miller eds.), Environmental Law Institute, 2016

“

States have a lot more tools at their disposal if they act now rather than later. If they wait, there will be less flexibility to cooperate with other states.

”

Cooperation Could Be Key to Reducing Effects of EPA Rules, Experts Say (Journal Record, July 2015)

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27

Carla Spivack professor of law

B.A. Princeton University J.D. New York University Ph.D. Boston College

Visiting Professor of Law at Boston College Spring 2016

Disinheriting Women: How Family Property Law (Still) Cheats Women and What To Do About It City College of New York (April 2016)

Distrust of the Trust: A Study of Law, Tax and Culture

Andrew C. Spiropoulos robert s. kerr sr. professor of constitutional law director, center for the study of state constitutional law & government B.A. Carleton College J.D. University of Chicago M.A. University of Chicago

Member of the Oklahoma Advisory Committee of the U.S. Civil Rights Commission Participated on a panel on campaign finance reform sponsored by the Oklahoma Bar Association April 2015 Testified before an Oklahoma Senate committee conducting an interim study of state executive authority November 2015 Participated on a panel on political participation and the First Amendment sponsored by the Oklahoma Council of Public Affairs May 2016

European J. of Property Law (2016)

Recent Court Decisions Southwest Oklahoma Republican Women Organization (September 2015)

Structure of Oklahoma Government Leadership Exchange Academy Conference (October 2015)

Supreme Court’s Gay Marriage Decision Oklahoma Political Science Association Convention (November 2015)

School Choice and Religious Freedom School Choice Coalition (February 2016)

28

L A W. O KC U . E D U

continued

Speeches on The Federalist

Deborah S. Tussey professor of law

B.A. College of William and Mary J.D. University of Virginia LL.M. Harvard University

Local chapter of the Daughters of the American Revolution and the Colonial Dames

Team Game: Building an Effective State Legislature Faculty Research Symposium, OCU Law (June 2016)

Wraps and Copyrights 44 SW U. L. Rev. (2015)

A Mosaic of Options: The Ten Commandments and Educational Choice OCPA Perspective, Oklahoma Council of Public Affairs (May 2016)

Continued Writing for a Weekly Column of State Government and Politics The Journal Record

“ In addition to our full-time faculty, OCU Law is blessed

to have an active and prestigious group of lawyers, judges and business leaders serving as adjunct faculty. One such member is Armand Paliotta who received the 2016 Merit Scholars Adjunct Professor of the Year Award.

�

Dean Valerie Couch

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29

Page Price Morgan In Tribute B Y C L A U D I A C O N N E R ’81

P

age Price Morgan, a lawyer and judge, touched many before her passing last year on February 27, 2015. She was a sitting Judge for more than twenty years on the Oklahoma City Municipal Court at the time of her passing.

Judge Morgan, an Oklahoma native and a graduate of Oklahoma State University, attended Oklahoma City University School of Law from 1977-1980. At the time, OCU Law was housed in the Gold Star Building and previously had been in a barrack style building on the north side of the main campus, where now only memories and a soccer field remain.

Judge Morgan attended law school at a time when only about 12% of attendees were women. After graduation, Page married fellow law student Fred Morgan.

The couple had two children, at which point Page “stepped out” of professional life while the children were young. Fred later became a legislator representing north Oklahoma City, and Page took on another role as political wife.

While she had many professional roles: private practitioner, Oklahoma City Assistant Attorney; it was in her role as judge that Page shined. Page was able to see the humor in each situation and treat people fairly and equitably. She was prompted a number of times, by a number of people, to pursue a

Page was able to see the humor in each situation and treat people fairly and equitably.

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31

’80

judicial role in a larger arena, but the time was never quite right for her. In other words, she loved what she was doing. She was respected as a Municipal Judge, by defense attorneys and law enforcement, as well as staff at the Oklahoma City Municipal Courts. Sitting as a judge led to a number of interesting stories, about people that let their dogs run loose or had loud events that disturbed others, and the interesting excuses given.

Of course, many issues that came before her Court did not involve humorous anecdotes, but Judge Morgan met the challenges of hearing those with the fairness and gravitas each case deserved.

If you knew Page, you knew she did not have an “indoor” voice.

She was ever the proper woman, wife and mother, but she had that lumberjack voice and a weakness for bad jokes and puns. This outdoor voice came in handy in the courtroom, but at lunch in a nice restaurant, this writer occasionally wanted to crawl under the table! She had a slightly twisted humor that was sometimes unsettling but kind; she was clever, but thoughtful. Usually.

Perhaps that voice came from her childhood home. As the daughter of a prominent doctor, dinner table discussions were lively and excruciatingly detailed about anatomy and its quirks. Guests sometimes squirmed in their seats. Maybe this explains not only the ability to speak clearly and to be heard, but why her brother turned to medicine, and she turned to the law.

Page had numerous talents, one of which was her amazing

32

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ear. On more than one occasion, she would hear the strains of music in a public place and say, “Oh, I love the Brandenburg Concertos!” and she’d be right. Not the least of her talents was to be a good friend. She enjoyed her Girls Night Out club of Casady moms, which she faithfully attended, traveled with regularly to New Mexico and loved. Our longtime friendship began in law school.

I have memories going back to the early ’80s of sitting in the Skirvin Hotel and discussing the fun and difficulties of being a working woman in the legal profession in those days.

We often discussed how her grandfather built parts of that hotel, which was presented by her so unassumingly, I took her to mean her grandfather was a bricklayer, later to find out he was a builder, instrumental in several early Oklahoma City buildings. There are numerous other poignant memories of her help and friendship that many can attest to. I take the liberty of saying here that she ably performed my son’s wedding and, if time had permitted, she would have been asked to perform my daughter’s wedding as well. Page was a person that helped others without requiring anything as repayment.

Judge Morgan left behind her husband of 35 years, Fred Morgan; daughter, Deputy Attorney General Megan Morgan Tilly, and her husband, Matt; and son, Daniel Morgan, and his wife, Kristina; all in Oklahoma City. Her brother, Dr. Richard Price, in Kansas City; nieces, nephews and friends in Oklahoma City and across the country. Her legacy in the community continues.

•°

In Memoriam CLASS OF 1952

CLASS OF 1975

John D. Chiaf Sr.

Mary Lurana Gordon

CLASS OF 1953

CLASS OF 1983

Lloyd Tankersley

Richard O’Connor Matthew Schumacher

CLASS OF 1959

Paul DeGraffenreid

CLASS OF 1986

Gary Briggs

CLASS OF 1960

Victor E. Bailey

CLASS OF 1991 CLASS OF 1966

Former Chickasaw Nation Supreme Court Justice

Jim Bass

Barbara Anne Smith

CLASS OF 1967

CLASS OF 1992

Richard Bettis Barry Johnson Tom Stephenson

Edward Trattner CLASS OF 1995

Jeffrey Price Feuquay

CLASS OF 1968

Robert L. Barr III

CLASS OF 2002

CLASS OF 1969

Stephen Booker

William S. “Bill” Murphy Jr.

CLASS OF 2011

Jeremy Crumbie

CLASS OF 1973

T. Logan Brown James Hyde

CLASS OF 2012

Sonya Patterson IN MEMORY OF

David John Griffith 1983-2016 • THIRD YEAR LAW STUDENT

Juris Doctorate posthumously awarded May 15, 2016

THE M OF

MAKING F JUSTICE How Two Innocent Men were Finally Set Free The Oklahoma Innocence Project Part 1

I

t was one night. One party at a house on East 29th Street in Tulsa. One terrible act of violence. One gun. One drive-by shooting. One tragically killed victim. One lie too many. And one great injustice.

One event would lead to another, then another, until the result would send two guilty men to death row, another in for life, and two innocent men to prison. The series of events would unfold for 22 years until, finally, not only knocking on the door but hammering loudly with both fists, justice would reemerge.

And it all started on that one night.

the night in question Malcolm Scott and De’Marchoe Carpenter had been teenagers in 1994. Then suspects. Lastly, charged and convicted of first-degree murder in the shooting death of Karen Summers.

The events that led to the wrongful conviction differed greatly from what the jury heard and what actually transpired. This is according to Michael Lee Wilson, who confessed to the shooting before he was executed on a different murder case in 2014.

It started with a party on September 9, 1994, that lasted into the early morning hours of September 10. Wilson wanted revenge against a rival gang after being shot in the leg, the same rival gang having a crowded house party on East 29th Street.

36

The series of events would unfold for 22 years until justice would finally reemerge.

Along with friends Billy Alverson and Richard Harjo, Wilson said he “went out looking for revenge,” according to his recorded interview with the Oklahoma Innocence Project (OKIP) two days before his execution in January 2014. Using a rental car registered under his name, Wilson rode in the backseat and fired into the crowd, killing Summers and injuring two others.

“We don’t know how the police ended up getting their names,” said Christina Green, legal director for OKIP and co-counselor for Scott. “We do know when Wilson was taken into questioning, the police fed him their names.”

A few days later, Scott and Carpenter were arrested for the shooting.

The day after the shooting, Tulsa Police Officer Mike Huff had gone to Wilson’s house and questioned

L A W. O KC U . E D U

him about the shooting, also catching him trying to conceal a .380-caliber handgun.

“I’m nervous because they’ve got the murder weapon. I’m fixin’ to go to jail,” Wilson told OKIP, recalling the moment Officer Huff confiscated the gun.

The Oklahoma Innocence Project was opened in August

2011

it is the first and only

organization in Oklahoma evaluating post-conviction claims of innocence

Since opening, OKIP has had more than

1,250 STATISTICS TAKEN FROM THE NATIONAL REGISTRY OF EXONERATIONS

requests for assistance:

1 is currently in litigation 2 are being developed by clinical students 120 are in process awaiting clinical assignment

That wasn’t the only evidence police found that connected Wilson to the shooting. The suspect vehicle, described by witnesses as a burgundy Ford Taurus, was parked at his house. However, even though ballistics identified Wilson’s gun as the murder weapon and the suspect vehicle was rented in his name, he was ultimately given a reduced charge of accessory to murder after the fact and released on a reduced bond if he agreed to testify against Carpenter and Scott.

“They let me go,” he repeated during his OKIP interview. “They let me go.”

While out on bail, Wilson, his drive-by shooting accomplices Alverson and Harjo, and a friend named Darwin Brown, planned and executed a robbery of a QuickTrip on February 26, 1995, beating the clerk Richard Yost to death with a baseball bat. A few hours later, all four suspects were arrested after shoe shopping at the mall.

“If Wilson, Alverson, and Harjo had been stopped in the fall of ’94, maybe Yost, who was a father, wouldn’t have lost his life,” said Vicki Behenna, executive director of OKIP and co-counselor for Carpenter. “Maybe we would have been able to prevent that from happening. It serves no one to get the wrong person. Even law enforcement will tell you that.”

innocent though proven guilty Scott didn’t know about any party. He didn’t know about any shooting. But the police didn’t believe him. When he was taken in for questioning, all he remembers was being confused and believing the truth would all come out eventually. He believed he would be fine.

“I was thinking in my mind that the police were just trying to get me to tell them somebody. To give up a name. So I’m toughing it out. I don’t even know what they were talking about,” Scott recalls.

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37

Separately, Carpenter was going through the same thing.

“I knew murder was serious, but I didn’t understand what was going on,” Carpenter said, who even offered to take a polygraph. “I didn’t do this. I thought I would go home. Surely, I was going home.”

Throughout the trial, both Scott and Carpenter said they believed their innocence would be recognized. For nine hours, the jury deliberated.

After a few hours passed with still no verdict, prosecutors offered Scott and Carpenter an eightyear deal in exchange for a guilty plea, according to previous reports. They both declined.

“I was still holding on to the belief that the truth would win, that they knew we couldn’t

have done this,” said Scott. “I kept thinking, ‘They couldn’t possibly believe Wilson gave us a gun and his car to do a drive-by and then we brought it all back to him. No way a jury is going to believe that.’”

But they did. When the jury returned, they handed down a guilty verdict.

“When you get convicted for something serious, they put you in a cell by yourself for a while and take you out of general population to give you time to think or calm down,” said Scott. “I went through several types of emotions during that time. From anger to fear to sadness.”

Carpenter, too, said he wrestled with the reality of what had happened.

I didn’t do this. I thought I would go home. Surely, I was going home.

DE’MARCHOE CARPENTER

Since January 1989, there have been

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1,821

exonerations in the United States

“I can’t really describe how I felt. I don’t know how to explain it,” Carpenter recalled. “I went back to the cell and cried.”

Scott said, even after the verdict, he held out hope the judge would see things differently. But, it didn’t happen. Both teenagers were given life sentences.

“The final sentencing was just breathtaking,” said Scott. “I was devastated.”

a flood of confession Years turned into decades, but neither man relented on their innocence. All they wanted was a chance for people to hear the truth.

In that pursuit, Carpenter took to writing his story and sending it out to anyone he thought might listen.

“I wrote lawyers, magazines, talk shows. Any talk show from the ’90s, I’ve written them. No responses from anyone,” said Carpenter, who used the writing

as a cathartic activity to keep him hopeful. “I have aunties and cousins who would send me addresses, which helped. I spent the first couple of years in my cell just writing.”

Both teenagers were given life sentences.

In a different prison, Scott focused on the law and any legal avenues that could be taken.

“I’d go to the law library,” Scott said. “There was a lot I couldn’t understand, so I’d ask the law clerks who would try to help me. I put together what I could as far as appeals go.”

In 2014, the biggest break in the case against Scott and Carpenter came from the death row confession of Wilson.

“I feel bad about it. I’m sorry for taking all those years away from them,” Wilson told OKIP on January 7, two days before being executed. “We got to make this right. We can’t have this. I’m not the same guy anymore. I know it’s kind of late and everything… I’m going to make sure I’m straight. I don’t want this on me.”

In a March 2007 letter to Scott from prison, Wilson had confessed to being the shooter. He again acknowledged his role and the innocence of Scott and Carpenter during a signed affidavit in December 2013. Even after the videotaped statement to OKIP, Wilson wasn’t finished trying to set the record straight. During his execution, after telling his loved ones goodbye, he once again reiterated that “Malcolm Scott and De’Marchoe Carpenter are innocent.”

What had taken 20 years to gain traction was now off and running. With the videotaped confession, the OKIP case for Scott and Carpenter had been given a shot in the arm.

“My best day in this case came on January 7, 2014, when we got the confession from Wilson,” said Green, who filed the petition for an evidentiary hearing six weeks later. “The petition is your brief where you talk about all the egregious wrongs that happened in the case. In that petition, I talked about the law that allows the court to hear the case, the evidence that supports the case, and the constitutional issues violated in the trial.”

40

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It is estimated that

3 5% to

of a given prison population contains wrongful convictions

With the current prison population, that could equate to

720 1,200 to

innocent men and women in the Oklahoma system, with

two on death row.

3-5% STATISTIC REFERENCED FROM: RISINGER, D. MICHAEL, INNOCENTS CONVICTED: AN EMPIRICALLY JUSTIFIED WRONGFUL CONVICTION RATE. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY, VOL. 97, NO. 3, 2007

The years passed with nothing moving in their favor. The truth would eventually start to drip out.

But only one drop at a time. Only one confession at a time. Only one recanted testimony at a time. And time was exactly what it would take.

Wilson wasn’t the only confession or recanted testimony, either.

Alverson, who was executed in January 2011 for his role in the Yost murder and QuickTrip robbery, also confessed to being in the vehicle the night of the drive-by shooting and that Scott and Carpenter were innocent.

Dated February 27, 2010, Alverson wrote a sworn statement from prison to Carpenter detailing the events of that night. In it, he outlines the events that led up to the shooting and the individuals actually involved. He reiterated those sentiments again in a brief letter on January 5, 2011, a few hours before his execution.

“Humbly I ask for your forgiveness for taking so long in this,” Alverson said. “I’m sorry.”

Harjo, the third individual in the vehicle, also signed an affidavit in August 2001 that detailed the responsible parties involved and stated Scott and Carpenter were innocent.

Kenneth Price and Rashaun Williams, party attendees and witnesses for the prosecution who originally identified Scott and Carpenter as the individuals in the vehicle, also recanted.

Williams, who passed away in 2013, wrote in an affidavit that he “didn’t really see anything. I really believe two innocent men are in prison for a murder they didn’t commit. I hope justice will be served.”

Price, who was shot during the drive-by, also wrote in an affidavit dated June 24, 2010, that he was “pressured into getting on the stand by officers of the TPD to testify that I got shot in the buttocks and to point out De’Marchoe Carpenter and Malcolm Scott as the culprits who committed the shooting.”

He went on to explain, “I got shot in the buttocks so it is obvious that my back was toward the action.”

the truth shall set you free It took more than 20 years, but Scott and Carpenter finally got their day in court on January 29, 2016.

For the first time, their attorneys were able to

The truth would eventually start to drip out. But only one drop at a time.

L A W. O KC U . E D U

41

present the truth of what really happened that

“I’ve been waiting for the truth to finally come

night. Along with the videotape of Wilson, the

out,” said Scott, concerning the hearing. “Hoping

letters from Alverson and Williams, the defense

for that. Praying for that. Wishing the whole time…

also presented testimony from Price, as well as

I needed my family to know that I’m not that

Harjo, who was brought in from the Joseph Harp

person. Whatever happens from here, I know that

Correctional Center in Lexington.

they know the truth.”

It had been the day Scott and Carpenter had

For Carpenter, it was the realization of a long-held

dreamed of. A day the courts could hear the one

belief. He always knew he would go home one day.

thing they had never given up on: the truth.

Now the door was beginning to open.

There was a time I thought there weren’t people ... who would help you from their heart… There are people from all races, creeds, colors, genders, that will help a man ... I see it. I feel it. I know it’s real.

MALCOLM SCOT T

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“My grandmother was a God-fearing woman.

She taught me to hope for the best, but expect the worst,” said Carpenter.

“In 2011, when I heard from

causes of wrongful convictions

the

Innocence

Oklahoma Project,

I

knew I was going home.

I really did… I told my mom, ‘Stay strong. I’m coming home.’”

The

journey

hasn’t

been all for naught.

Throughout the entire ordeal, Scott said he

eyewitness misidentification

invalid or improper forensic science

has met people who have

continued

to

encourage him, people with nothing to gain.

“It’s been good to have people here for me that

false confessions or admissions

didn’t even know me

state, government or judicial misconduct

my own family pushing

jailhouse informants or snitches

bad lawyering

five years ago. They’ve been like friends and me every step of the way,” Scott said. “There was a time I thought there

weren’t

people

actually like that who would be there and help you from their heart…

But my spirit has been freed. In this world, there are good people.

There are people from all races, creeds, colors, genders, that will help a man to show he’s a good person and how to do for himself. I see it. I feel it. I know it’s real.”

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•°

43

FREE AT LAST The Oklahoma Innocence Project wins their first exonerations for two Tulsa men who spent more than 20 years in prison The Oklahoma Innocence Project Part 2

T

hey walked in wearing the standard orange, a color worn and depleted from washing and rewashing with despair. The clothes they knew well. It has been their daily uniform and as familiar to them as their shuffling gait, a restricted movement from the ankle chains that rattle as they inch their way across Tulsa County Courtroom 401.

Scott and Carpenter take their place beside their attorneys. With their backs to the room, they face their fate. Time, which they have lived under in an unending servitude, is now up. What started on that fateful night in 1994 ends now.

Malcolm Scott and De’Marchoe Carpenter have done this all before. A few times, in fact. This walk across a court of law started in 1994 and hasn’t ended in 22 years. This day, however, would be their last.

It’s May 9, 2016, the day after Mother’s Day, a day more than two decades in the making. It has taken prayer and hope and work and the vigilant tears of their loved ones to see this moment arrive. It has taken their conviction to never stop trying and their love of truth. It has taken hours upon hours of legal research and digging, interviews and filings, motions with momentum lost and gained, to sit in this room. It has taken friendship and dedication between those under the burden of the law and those tasked with the rightful exercise of it.

Ultimately, it has taken the Oklahoma Innocence Project (OKIP). And now it’s time, for the second time, to hear a verdict that will reshape their future.

Tulsa County District Court Judge Sharon Holmes, a 1999 Oklahoma City University School of Law alum, presides over the hearing. Before she enters, a deputy announces the rules. There will be no response, no reaction at all to the decision, whatever that decision may be. When the judge takes her seat, the rules are again restated.

In this room, a nondescript beige-walled space with green chairs and a galley of hard row benches, a monumental moment in the lives of two men and their families is about to happen.

Lives will be changed and the law, itself, will mark this day in history.

And it will all happen under that strict order of silence.

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L A W. O KC U . E D U

Lives will be changed and the law, itself, will mark this day in history.

Clinical student Claire Christie, reviewing a case file in the OKIP office at OCU Law

and the verdict is Christina Green switched to a smaller pen. The first one was taller, more noticeable. As Judge Holmes began reading the conclusion of the 20-page decision, Green knew her shaking hands and that shaking pen might give her away. So she opted for one less visible.

She sat next to Scott and dutifully took notes on the judge’s decision. As his co-counsel, along with private attorney Joshua Lee, and as the legal director for OKIP, this moment was the culmination of five years of her labor.

She started working on the Scott/Carpenter case as a student at OCU Law in 2011, then as a fellow, as a staff attorney, and finally as staff director.

“The whole point of the Oklahoma Innocence Project is to get individuals out of prison for crimes

they didn’t commit, but to do it while educating law students,” she said while sitting in the OKIP headquarters at OCU Law in downtown Oklahoma City a few months prior.

Initially, the case came to her from the University of Missouri-Kansas City School of Law’s Midwestern Innocence Project, which had taken the appeals from those incarcerated in Oklahoma before OKIP existed. When OCU Law launched the Oklahoma Innocence Project, the Oklahoma cases were sent over. Among those cases were appeals by both Scott and Carpenter.

“I started going through the case jacket. Then looking at the file, records, trial transcripts, trial attorney records, appeal file,” Green said. “I made a list of what we did and didn’t have and then created an investigative plan, which meant talking to witnesses, collecting more documents, and more record requests.”

2015 had the largest number of new exonerations so far at

149

for the year

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47

The proverbial wheel was put into motion, but it wasn’t going to coast easily to the end.

momentum, as it has done throughout the life of this case, shifted.

“Looking at the box of evidence, I was immediately met with some kind of anger because the evidence was clear,” said Green, recalling her initial reaction to the case. “When I met with Malcolm (Scott) and would sit with him, I knew I got to go home and he didn’t. That created more anger. I had this fire in me because I knew he had been wrongfully convicted.”

“The judge said, ‘Let me address proposition one which I believe has merit.’ That’s when my trembling stopped. I sat my pen down. I knew we had won,” said Green. “I started to cry and console Malcolm. I leaned over to him and said, ‘You’re going to go home today.’”

Now she sat next to Scott not only as his attorney, but as his friend, and listened to the judge’s final decision. The judge had six propositions on which to rule. And, as she began her conclusion, one after another was being denied.

“At first I was thinking this isn’t good,” said Green, reliving those moments in courtroom 401.

“The judge was procedurally barring all of these propositions, which I’m okay with those as an attorney because I can fight it at a federal level. But I was disappointed.”

Finally, the judge addressed proposition one, the newly discovered evidence claim. Suddenly, the

With the decision clear, Green looked across the table and exchanged looks with Vicki Behenna, attorney for Carpenter and executive director for OKIP. They both knew. History, even in that bland beige-walled room, even with their clients still clothed in orange, had just been made.

the monumental moment Behenna then turned to Carpenter, her client. He had remained peacefully, yet stoically, reserved.

Nothing showed on his face, a face usually animated with a soft smile and pale, welcoming eyes. Carpenter, who had maintained during his entire incarceration a childlike exuberance and belief that one day he would be set free, hadn’t reacted at all.

The whole point of the Oklahoma Innocence Project is to get individuals out of prison for crimes they didn’t commit, but to do it while educating law students.

CHRISTINA GREEN Staff Director, Oklahoma Innocence Project

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“I kept saying, ‘Do you understand what’s going on?’ And he would say, ‘Yeah.’ I think he was in shock,” said Behenna.

If he wasn’t, she was.

Behenna, who had become the executive director of OKIP in October 2015, had never seen anything in her 25 years as a federal prosecutor like what was happening right then. Anywhere from one to four percent of those currently incarcerated are actually innocent, but no one is listening, she said.

She got involved with OKIP to be one of the few who would.

“As a federal prosecutor, you see a disparage in representation between those who are wealthy and can afford good representation and those who can’t,” said Behenna, who retired from the U.S. Attorney’s office before taking the position at OKIP. When she first heard about Scott and Carpenter’s claims of innocence, she was skeptical.

“The prosecutor in me thought, ‘Sure they’re innocent. So is everybody else,’” Behenna said.

Then she read the original trial transcripts and was shocked.

These men really were innocent and she had to prove it, eventually representing Carpenter in the case, along with private attorney Ken Sue Doerfel.

“I’ve been a lawyer a long time, and I’ve done a lot in my career from high profile fraud cases to the OKC bombing. But I’ve never felt as heavy as I did in preparing for that hearing,” Behenna said, reflecting on the evidentiary hearing held on January 29, 2016. “The responsibility was overwhelming. I felt like I was in a baseball game, and I get one pitch to get a grand slam. And if I swing and we miss, game over.

That’s what you feel like. You get one shot to correct a terrible, terrible injustice.”

Once there’s a conviction and appeals have been exhausted, Behenna said getting anyone to listen to your pleas of innocence go unheard.

Carpenter, however, had refused to stop declaring his innocence and, eventually, it reached the ears of OKIP. “He never stopped trying to get in contact with people. De’Marchoe (Carpenter) wrote thousands of lawyers. It all fell on deaf ears. But he continued to hope. Someday. Someday,” she said.

This was that day.

the longest journey Getting to those chairs and that courtroom and this court decision had been a battle against the silence for Scott and Carpenter. No one would listen. No one could hear their declarations of innocence.

They had been locked away and, by all appearances to the outside world, were guilty of murder.

Eric Cullen, however, was one of the first to see it differently.

He and his father, a retired Tulsa Police Department homicide detective, run Cullen & Associates, LLC, which provides investigations and consulting for the Tulsa criminal defense community. In 2006, they both began noticing an alarming rate of exonerations through DNA testing, other innocence project clinics in the U.S., and various advancements in technology. To reach this demographic, they created pamphlets showing what private investigators can do to aid post conviction release, such as finding newly discovered evidence, and sent those pamphlets into the prisons. Within days, both Scott and Carpenter had written.

“Both of the letters were very well put together and articulate and very intriguing as to their claims of innocence,” Cullen recalls. “They hadn’t been in the same prison or same room since their trials so they could not have written them together, but it looked like they did. I knew something was there because they were both telling the exact same story after all those years.”

Cullen decided it was worth looking into.

At this point, Scott and Carpenter had spent over a decade in prison, but, finally, someone was listening.

Since 1973, there have been

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156

Over the course of the next two years, Cullen would spend hours of pro bono time interviewing new witnesses, old witnesses, visiting prisons, sitting with a convicted killer on death row, talking to attorneys, trying to get attention for the case, and collecting, piece by piece, the evidence that all overwhelmingly pointed to Scott and Carpenter’s innocence.

“I hope this case will be an example for others,” said Cullen. “I hope it will open the door for others who are wrongly imprisoned.”

Eventually, once OKIP got involved, all that evidence ended up on Green’s desk and helped build the foundation for the evidentiary hearing in January and, finally, the decision being announced in the courtroom now, months later.

Cullen, who had been such an active participant in helping Scott and Carpenter, attended the final hearing in the visitor’s section, dressed in a business suit and, like all other attendees, not speaking a word. Only waiting.

the arrival of justice The courtroom remained unbelievably calm, like a tide rolling in and out with incredible force but never breathing beyond a hush. There was an underlying current of relief and disbelief all buried in the tomb of that room.

Judge Holmes began to outline her decision and the facts that supported their release. One by one, with finite detail, the facts were laid out. No response came from the attendees, nothing but a sniffle here and there. Then the judge read one line, “The court finds the petitioners are actually innocent,” and, at that, a low moan rolled across the room.

individuals released from death row

I hope this case will be an example for others ...

I hope it will open the door for others who are wrongly imprisoned.

ERIC CULLEN Private Investigator, Cullen & Associates,

LLC

Fates had been reversed. Innocence had been acknowledged. The words Scott, Carpenter and their families had waited so long to hear had been uttered.

This wasn’t the end after all. It was the beginning.

Tulsa County Assistant District Attorney Jimmy Dunn announced that the State would appeal the decision, and requested a stay of the execution of the decision. The request was denied. Eventually, the District Attorney’s Office would file a Petition in Error with the Oklahoma Court of Criminal

Fates had been reversed.

Innocence had been acknowledged.

Christina Green, Malcolm Scott and Joshua Lee following Scott’s release

De’Marchoe Carpenter reunites with family and friends

Appeals. But, on this day, the court adjourned.

The Oklahoma Innocence Project is a member of the

innocence network

OKIP is funded almost entirely by

private donations the majority of expenses: investigation • records collection • litigation

100k

$

average cost of investigation and litigation of a dna, post-conviction case

150k

$

average cost of investigation and litigation where dna is not a factor

The men, declared innocent by the court, turned and hugged their attorneys. Then, in the same chains they shuffled in with, shuffled back out again. Freedom was now only hours away.

If inside the courtroom had been eerily silent, outside the courtroom there had been a buzzing energy of giddiness and excitement. Both mothers hugged each other and cried.

“I’m nervous. And happy. I get to see my baby,” Carpenter’s mother told the crowd.

Behind the scenes, the work to make that decision a reality had just begun.

“It was absolute chaos after that,” said Behenna.

There was paperwork to complete, judges to find, a press conference to be held.

Then, finally, Scott and Carpenter could walk free.

Out of chains. Out of that orange. Dressed in suits and a lightness of step.

“De’Marchoe just kept saying, ‘It’s a beautiful day!

It’s just beautiful,’” said Behenna. “I hope I get to see that again in my legal career, but those are so rare. It’s like rolling a snowball up Mt. Everest.

Seriously. It’s that hard.”

out of bondage The chains were coming off. Scott had been hoping for this, praying for this, up all night the night before thinking about this. And it was happening. Finally.

“When they called us to court, they put all the shackles, belly chains, and handcuffs on. I stood there and thought, ‘I hope this is the last time I ever have to go through this in my life,’” said Scott, who said when the chains finally did come off, it took him time to comprehend he really was free.

Being in prison for a crime he didn’t commit had been a disheartening turn in his life, yet one he eventually overcame even while still locked away.

“Early on in my time, I’ll admit I was angry about it and very anti-social toward people,” Scott admitted during an interview months earlier in the David L. Moss Criminal Justice Center. “Any little thing would tick me off. It got me into problems and trouble.”

L A W. O KC U . E D U

53

In the beginning, he was held at the Oklahoma

She ended the conversation by telling him that God

State Penitentiary, a maximum security prison

only helps those who help themselves.

in McAlester.

“That gave me something to think about while

“Everyone there knows nothing but violence,” said

sitting in my cell 23 hours a day,” he said. “I had to

Scott, explaining that many are serving 300 and

really humble myself. I told myself, ‘Be that person

400 life sentences. “When you step out in the yard,

you want people to see that you really are. Show

you have to be ready and prepared for anything,

them you’re not who they think you are. Show

from gangs to racism. You’re all in this little yard

them you are the person you say you are.’”

together. It puts you into a combat mode.”

Scott said he was really blessed to meet a couple

About ten years into his sentence, however, Scott

of counselors, including a man he refers to as “Mr.

said his attitude and viewpoint began to shift. It all

Mac,” while going through an alcohol and drug

started with something his mother told him over

abuse prevention program during his time at

the phone.

Lawton Correctional Facility.

“She told me that as long as I kept getting caught

“That was a breaking point,” said Scott, who

up in negativity and frustration, I would go

attended the program to help him deal with his

backwards instead of forwards. She said, ‘People

anger issues over the incarceration, as well as past

will never see the real you. They’ll only see you

abuse from his alcoholic and drug addicted father.

as the animal they saw in the courtroom. You’re

“Mr. Mac showed me ways to deal with my anger

showing them that what they said about you was

and frustration over my situation. I took what he

true,’” recalls Scott.

gave me through the rest of my sentence.”

...as long as I kept getting caught up in negativity and frustration, I would go backwards instead of forwards.

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Judge Sharon Holmes

He describes his release from anger and malice as being set free, even though he was still imprisoned.

It taught him how to carry himself toward the

Since 1989, Oklahoma lists

31 exonerations

on the National Registry of Exonerations

officers and administration, how to let go of the tough guy image, and to simply be who he was.

“So the second half of my sentence was different than the first half of my sentence,” he explained.

Now, with the hearing concluded, the judge’s decision, and the chains finally off, the sentence

7

of those exonerated had been given a sentence of death

was over.

Since being released, Scott has been busy simply plugging back into life on the outside, such as getting a cell phone and an ID, buying clothes, and walking into Wal-Mart, which he said was “overwhelming.”

“I could stare at the aisles for hours,” Scott joked.

So much has changed since he went inside, but one major thing has changed since coming out.

L A W. O KC U . E D U

55

I can step outside just to enjoy the fresh air. I can walk out that door anytime I want.

I don’t have to ask anyone. I’m not locked down.

That’s just amazing.

MALCOLM SCOTT

“I can step outside just to enjoy the fresh air. I can walk out that door anytime I want. I don’t have to ask anyone. I’m not locked down. That’s just amazing.”

Now, he said, comes simply enjoying all the freedom life has to offer and finally having the chance to do all the things he has been dreaming of doing. At the top of the list, he said, are getting certified as a personal trainer, working with at-risk urban youth, and doing anything and everything he can to help OKIP release other prisoners who have been wrongly incarcerated.

That is a purpose he won’t be doing alone.

life on the outside Carpenter stood before the press conference a few hours after the judge’s ruling, now dressed in a suit and tie. Goodbye orange. Goodbye chains. Goodbye

imprisonment. He was a free man for the first time in his adult life. And he had things to say.

“When speaking to the media, I felt so comfortable talking to those guys,” said Carpenter. “I love talking to the media because it’s a way to get the situation out there and, hopefully, the next person won’t have to go through what we had to go through.”

What he went through was agonizing on so many fronts. Months earlier, he also sat down for an interview in a cramped, claustrophobic room inside the David L. Moss Criminal Justice Center, and talked about what kept his undying hope alive.

“It’s hard to do, but you know you can’t give up. You know you’re innocent,” said Carpenter. “I kept God first and knew everything was going to work out.”

To fill his hours, he spent a lot of time writing letters and reading, a passion that developed after getting a copy of Maya Angelou’s I Know Why The Caged Bird Sings.

“It was the first book I read,” he recalled. “I thought, ‘If she has been through all this, I can stay strong.

If she can deal with this, surely I can overcome my obstacles.’”

Some prisoners took pills to cope. He didn’t want anything to affect his mental state so, instead, he read books, diving into the works of Sydney Shelton and James Patterson, escaping his surroundings for a time, and waiting for the moment the tide turned.

When Wilson finally confessed to the shooting death of Karen Summers, Carpenter knew freedom was coming.

“When Wilson confessed,” said Carpenter, who gripped at his heart, “I don’t know what word I would use. It was overwhelming. It was another piece I needed. I knew things were about to turn and things started really looking up then.”

That “turn” had been a long time coming. And it hadn’t come without thousands upon thousands of words written by Carpenter to anyone who might be willing to listen.

“When I first got to McAlester, none of it felt real.

There was a lot of madness and fighting, people getting stabbed. I didn’t want to be there and knew

Writing, working out, and a lot of reading. That’s what kept me sane.

DE’MARCHOE CARPENTER I needed to do something, so I started writing letters,” said Carpenter, who wrote letters to innocence projects across the country, thousands of lawyers, Tulsa County District Attorney Tim Harris, as well as many celebrities like Oprah Winfrey, LeBron James, Kevin Durant, Tom Cruise, Sandra Bullock, Dr. Phil, even President Barack Obama, but no one responded. “Writing, working out, and a lot of reading. That’s what kept me sane.”

Even though Carpenter has an almost unrelenting positive attitude, one he says takes work but work that must be done, his imprisonment began to create mental stress, he said, stress that showed through bouts of compulsive cleaning and germaphobia.

“I would clean my cell four and fives times a day,” said Carpenter.

In 2009, and again in 2012, the Oklahoma Pardon and Parole Board granted Carpenter parole, although both requests were denied by the governor.

Nevertheless, he said the thought of going home began to calm his compulsive cleaning habits.

“After I made parole, I stopped doing all that craziness. I knew I was going home. I still cleaned,

but not as much,” he said.

This time, however, Carpenter really did get to go home. When the judge announced his innocence, he said he wasn’t shocked. He had been waiting 22 years for those words, and he was prepared.

“For a long time, I’ve been mentally preparing myself for that moment. That’s the reason I was calm,” said Carpenter, explaining his serene demeanor in court. “I didn’t know when I was going to go home, but I knew I was going.”

Since his release, Carpenter is enjoying all the simple things that aren’t really simple at all, like the softness of the furniture, the freedom to look in the refrigerator, the joy of washing dishes and looking out the window.

All are signs of freedom to him, says Carpenter, who can’t get enough time outside mowing the lawn, washing the dog, raking the leaves, or taking long walks in the neighborhood.

“I don’t understand how a guy can get out of prison and go back. Those repeat offenders. I don’t understand how you can do that,” he said. “It’s too beautiful out here.”

•°

L A W. O KC U . E D U

59

Norick Municipal Law Research Clinic Law Library Launches Nation’s First Municipal Law Research Clinic B Y L E E F. P E O P L E S

L

ibrarians at the Oklahoma City University School of Law’s Chickasaw Nation Law Library launched the nation’s first municipal law research clinic in the spring of 2016. The Norick Municipal Law Research Clinic is named for former Oklahoma City mayor and Oklahoma City University Board of Trustees Chairman Ronald J. Norick.

The clinic is a partnership with the City of Oklahoma City’s Municipal Counselor’s Office. The Office is the City’s in-house law firm and employs over forty lawyers. Many municipal counselors are OCU Law alumni including the lead Municipal Counselor Kenneth Jordan (’80 ), Deputy Municipal Counselor Cindy Richard (’92 ), and Assistant Municipal Counselor Rita Douglas-Talley (’85 ) to name a few.

Clinic students are paired up to work with a specific municipal counselor as their client

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at the beginning of the semester. Having a lawyer as a client puts the students in a unique position, similar to the role of outside counsel for a large organization.

Students are assigned a detailed research question stemming from any of the six “lines of business” handled by the Municipal Counselors including administration, criminal justice, civil litigation, labor and employment, land use and economic development, and trusts, utilities, and finance.

Students develop their communication, interviewing and counseling skills through live client meetings and client e-mail exchanges.

The classroom component provides instruction in municipal law, legal ethics, research and writing, and professional skills. Students research and write a formal memorandum addressing their client’s question. The clinical experience

culminates with a final client meeting where students present their research findings.

Second year student Caleb Lueck honed his client interaction skills by participating in the clinic. In Caleb’s words: “I experienced a big breakthrough with public speaking this semester. The clinic has changed the way I view myself. I have become much more confident and much more comfortable speaking. I recently had a job interview with a private firm that went extremely well as a result of this newfound confidence and comfort with speaking.”

Caleb also commented that he “learned a lot about myself as well as my life as a potential attorney.

I feel, through this clinical experience, I have definitely developed skills that will benefit me in my future career as a lawyer.”

Third year student Nicholas Harness enjoyed the real-world atmosphere of the clinic. He said: “I do believe I grew as a future attorney from this experience. There was a practical aspect to having accountability to the client that put many things into perspective including time-management, prioritizing, competence and diligence. The research question was particularly on point with the direction that I see my legal career going. This experience, coupled with the reality of life events and other commitments, has given me a very practical insight as to what life as an attorney will be like. Accountability, competence and diligence were characteristics I wanted to improve on via this clinic, and I believe I have achieved that goal.”

The clinic provided tangible benefits to its clients.

Deputy Municipal Counselor Cindy Richard commented that “The Municipal Counselor’s Office is honored to be a partner in this one-of-a-kind

There was a practical aspect to having accountability to the client that put many things into perspective including time-management, prioritizing, competence and diligence NICHOLAS HARNESS Clinical Student

endeavor. The Norick Municipal Law Research Clinic capitalizes on the proximity of the Law School to City Hall and provides a means for our office to work with more OCU Law students than ever before. The Clinic not only provides a learning opportunity for the students and a mentoring opportunity for the lawyers, the research produced by the students is beneficial to the involved City Departments. This research allowed the students an inside look at topics of municipal concern as provided by mentoring attorneys who represent various City

boards,

commissions

and committees, and provide legal counsel to assist with the pertinent public services provided by

the

various

departments

throughout the City organization.

The questions presented to the students for research allowed a unique and “hands-on” approach to learning that should benefit the participating students for years to come. We appreciate the effort that Professor Peoples and Assistant Land Use Division Head, Rita Douglas-Talley, have put into bringing the Clinic into fruition.

We look forward to continuing the partnership with the OCU School of Law.” The clinic will be offered each semester beginning in the spring of 2017. Librarians who teach in the clinic include Sabrina Davis, Timothy Gatton (‘10 ), Jennifer Prilliman, and Lee Peoples.

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•°

Law students, clinical faculty, and the municipal counselors, who are the clinic’s clients, on the steps of City Hall

Class Action alumni accomplishments

1965

1979

Ray H. Potts received the Justice Mar-

The Honorable Elizabeth Hayden

ian P. Opala Award for Lifetime Achievement in Law at the OCU Law Alumni and Awards Luncheon.

received the Fidelis Apparitor Award given to individuals who have been good and faithful servants of the law by the College of Saint Benedict.

Garvin A. Isaacs

1966

Robert N. Sheets presented at the National Business Institute’s Construction Law: Advanced Issues and Answers seminar.

James L. Lee is serving as the 2016 District 5 Oklahoma Bar Association representative.

1982

1972 Professor Alvin Harrell received a Golden Quill Award from the Oklahoma Bar Association for his article titled Electronic Commerce and Incorporation by Reference in Contract Law.

Rick Goralewicz delivered the keynote Robert N. Sheets

T. Doublas Stump spoke at the 2015 Rocky Mountain Fall Conference hosted by the Colorado Chapter of the American Immigration Lawyers Association (AILA) and the 2015 AILA National Fall Conference in Minneapolis.

1974 John W. Coyle III is serving as the 2016 District 3 Oklahoma Bar Association representative.

Garvin A. Isaacs is serving as 2016

Kayce L. Gisinger

Director of the Oklahoma Innocence Project.

1976

Jon Downard was elected to the Bank of Sullivan, MO board of directors.

Thomas M. Jones was selected for inclusion in the 2016 edition of The Best Lawyers in America.

L A W. O KC U . E D U

1984 Vicki Z. Behenna was named Executive

Oklahoma Bar Association President.

64

address at the 2015 Canadian Elder Law Institute in Vancouver.

Suzanne Hayden authored the article titled My Increasing Concern Randy Calvert

O v e r A m e r i c a n Va l u e s The Oklahoman.

1990

1994

Randy

Calvert’s firm, the Calvert Law Firm, received the Law Firm Mark of Distinction at the 2015 Alumni and Awards Luncheon.

Tom Bates was named special adviser on child welfare and Pinnacle Plan implementation by Oklahoma Governor Mary Fallin.

Randy Calvert was presented

Patrick H. Hayes Jr. was appointed by Colorado Governor John Hickenlooper to serve as district court judge for the 12th district.

for

1986 Joe Balkenbush Jr. joined the Oklahoma Bar Association staff as ethics counsel.

Dr. Elizabeth Kerr was named to the 2015-2016 National Behavioral Intervention Team Association board.

Dennis Smith opened the Dennis A. Smith Law Office PLLC in Clinton, OK.

Rick Bragga received the Boy Scouts of America’s Silver Buffalo Award – the highest honor a Scout can receive for extraordinary service to youth on a national level.

1988 Kayce L. Gisinger joined Phillips Murrah in Oklahoma City as an of counsel attorney.

Donna J. Jackson presented a seminar at the National Academy of Elder Law Attorneys annual conference in Denver, CO and focused on preparation and reading of income tax returns for trusts and estates.

Judge Cassandra Williams was elected to the Oklahoma County Bar Association Board of Directors for 2018.

1989 Guy Thiessen opened the GT Law Firm in Tulsa.

Judge Don Andrews was elected to the Oklahoma County Bar Association Board of Directors.

with the award for Outstanding Law Review Alumnus by the Oklahoma City University Law Review.

Angela Morrison joined the Tallahassee, FL firm of Berger Singerman as a partner and member of the Government and Regulatory Team.

1991 Mark Weibel was selected for inclusion in D Magazine’s “Best Lawyers in Dallas 2016.”

1992 Nathan E. Barnard was reappointed to the Cherokee Nation Administrative Appeals Board.

K. Dean Kantaras was invited to join the Expert Network as a Distinguished Lawyer.

Karl Rysted was elected by the Board of American Bar Foundation as New Mexico State University’s Student Legal Aid attorney as a fellow.

1993

1995 David Suroff joined the Kansas City office of Shook, Hardy & Bacon as staff attorney and a member of its Pro Bono Team.

1996 Stephen R. Palmer joined the Oklahoma City firm of Miller & Johnson PLLC.

1998 Kevin T. Sain is serving as the 2016 District 2 Oklahoma Bar Association representative.

1999 Audrey Farnum received the Keith Boyd Award for Employee of the Year at the Disability Employment Law Conference.

The award recognizes people with disabilities who excel in the workplace.

Lelsie L. Lynch was named to the

Sonja R. Porter is serving as a

2015 Oklahoma Super Lawyers and Rising Stars lists.

2016 Oklahoma Bar Association Member-at-Large.

Stephanie Hudson is teaching the American Indian Wills Clinic as an adjunct clinical faculty member.

Nabeel Almansour was appointed as the General Counsel and Corporate Secretary for Aramco, the world’s largest oil company.

L A W. O KC U . E D U

65

2000 Casey

Ross-Petherick has been named the General Counsel for Oklahoma City University.

2001 Phillip Hixon was promoted to shareholder status as Gable Gotwals. Mr. Hixon represents the interests of clients in a variety of legal matters including construction, environment, insurance, healthcare, general litigation and appellate review.

2002 Emily Biscone was featured in the Q&A section of The Oklahoman regarding Social Security Disability benefits.

the Journal Record’s Achievers Under 40 list.

2006 Adam C. Hall was named to the 2016 Oklahoma County Bar Association board of directors.

Jessica Sherrill was named Rotary Club (district 5750) governor for 2018-19.

Michelle M. Symank was elected a member at the St. Louis firm of Evans & Dixon LLC.

Elisabeth Muckala was elected to the Oklahoma County Bar Association Board of Directors as well as recognized as a 2015 Super Lawyer’s Rising Star.

& Bartz. His practice will be concentrated in the areas of business organizations and transactions.

Thomas Ishmael was named general attorney of AT&T Mobility in Dallas.

S. Rachel Pappy received the Outstanding Young Alumna award at the 2015 Alumni and Awards Luncheon.

Collin Walke received the 2015 Golden Quill Award from the Oklahoma Bar Association for his article titled Paragraphs and Indentation: Formatting for persuasive Writing.

Bryon J. Will is ser ving as the 2016 Oklahoma Bar Association Young Law yers Division Chair.

2007

2009

Chris Pate and Richard Paugh formed Pate & Paugh LLC in Wichita, KS.

Brad Clark has been named gen-

Q&A section of The Oklahoman regarding discrimination risks in litigation for employers.

Shelly A. Perkins was appointed to the Oklahoma County Board of Adjustment.

Senator David Holt led efforts

Jeff Miller was named Managing Attorney of the Hannibal, MO office by Legal Services of Eastern Missouri.

Heidi L. Slinkard joined Wilkinson, Goeller, Modesitt, Wilkinson & Drummy LLP in Terre Haute, IN.

C. Sean Spivey joined the Washington, D.C. firm of Hogan Lovells as an associate.

Kendall A. Sykes joined the firm of Cathy Christensen and Associates PC as an associate attorney.

Sarah Stewart opened the Sarah

Darren Ellingson was appointed acting director of insurance by Arizona Governor Douglas Ducey.

Paul Ross was featured in the

Hiram Sasser was named the Chief of Staff to Texas Attorney General Ken Paxton.

Greg Metcalfe was named to the 2015 Oklahoma Super Lawyers and Rising Stars lists.

2005 Alissa Hutter is serving as a 2016 Oklahoma Bar Association Member-at-Large.

66

Andrew Ewbank was named to

L A W. O KC U . E D U

2008 Jodi C. Cole was named a shareholder at McAfee & Taft and is a trial lawyer whose practice encompasses energy litigation and complex business litigation.

Kurtis R. Eaton was named a shareholder of the law firm of Barber

eral counsel of the Oklahoma State Board of Education.

to bring the filming of “American Ninja Warrior” to Oklahoma City.

Stewart Legal Group in Edmond, OK.

Travis Smith was selected by the Executive Office for the United States Attorneys (EOUSA) to serve a one-year detail as the Countering Violent Extremism (CVE) Coordinator in Washington, D.C.

Derek B. Ensiminger was named as the associate general counsel for employment law at Sonic Drive-In.

2011

Taylor Rex Robertson married Britan Mills in October 2015.

Tynia Watson was featured in the Q&A section of The Oklahoman regarding trademarks.

Ally Rodriguez joined Oklahoma City Elisabeth Muckala

Daniel Correa published articles for the University of Texas School of Law, Virginia Journal of Social Policy and the Law, Washington University School of Law, and the South Texas Law Review.

James B. Wilcoxen joined the Oklahoma City firm of Fenton, Fenton, Smith, Reneau & Moon as an associate.

Cana Wilson joined the firm of Smakal Munn P.C. as an associate attorney.

Lewis Lenaire was named to the 2015 Oklahoma Super Lawyers and Rising Stars lists.

S. Rachel Pappy

2015 Ky Corley joined Baker and Ihrig PC in

2012

Stillwater, OK. The firm has been renamed Baker, Ihrig & Corley PC.

Paul B. Cason joined Mulinix, Edwards,

Sean McDivitt was commissioned as a First Lieutenant in the United States Air Force.

Rosell & Goerke PLLC as an associate in the firm’s Oklahoma City office.

Jeff Kline was named to the Journal Record’s Achievers Under 40 list.

University School of Law as the Director of Alumni Relations.

David Holt

Nathaniel C. Navey was named one of the 30 Under 30 Rising Stars of Brownsville by the Brownsville Economic Development Council.

2013

Suggestions for

Adrienne Staton received the Air Force Volunteer Excellence Lifetime Achievement Award, which is given to exceptional individuals who volunteered with an agency or organization in a sustained, direct and consequential nature.

Sarah Stewart

can be emailed to lawnews@okcu.edu.

We love hearing what our alumni are doing,

Sarah E. Hance joined the firm of

both personally and

Bethany Law Center LLP.

2014

Class Action

professionally, so all Nathaniel C. Navey

updates are welcome.

Ally Rodriguez

L A W. O KC U . E D U

Tami Jo Hines received the Student Writing Award from the American College of Consumer Financial Services Lawyers for her article MERS: Sometimes Agent, Sometimes Principal, Often Misconstrued.

67

alumna profile

2005

Kristen Kochekian making a difference in a rural community

Here in Oklahoma, we are familiar with mild winters and minimal snow. The same can be said for North Carolina where Kristen Kochekian, class of 2005, was raised. One inch of snow means school closings and a mad rush to the grocery store. This all changed for Kristen when she moved to rural South Dakota and joined the Rural Attorney Recruitment Program — where the winters are vastly different from those which she is accustomed.

Kristen attended East Carolina University and graduated from Oklahoma City University School of Law in 2005. After graduation, she returned back home to North Carolina where she was given the opportunity to work as General Counsel and International Logistics Coordinator for her family’s business. After a few years, she started wanting something different and remembered seeing a commercial featuring the Rural Attorney Recruitment Program. “It offered everything that I was looking for as far as a career change. I was searching for a change of pace, a new environment, as well as the ability to work in a community where my services were needed,” said Kristen.

The Rural Attorney Recruitment Program contracts Kristen to work in a designated county in South Dakota for 39 hours per week over the course of five years. The program is designed to place attorneys in communities that need legal services.

“I am able to work in a small community

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where I can watch families grow and help them plan for every step of their life.”

Her practice is multi-generational and encompasses family law, small business growth, estate planning and a myriad of different fields dependent on the clients’ needs. “The rural attorney program allows me to help my neighbors and become an asset to the community.”

Kristen credits her readiness for this new career venture to her time at Oklahoma City University School of Law. “It prepared me in a significant way.” She participated in a multitude of organizations and activities including Oklahoma Lawyers for Children, the Native American Law Student Association (NALSA), moot court competitions and judicial externships. “I was allowed to stretch as far as I dreamed, and it allowed me to grow in character and sense of self in a way that I benefit from today.”

This experience has been about more than just a new job. For Kristen, it has been a life-changer. She refers to her first winter in South Dakota as comical and claims to keep the most elaborate winter survival kit in the entire state of South Dakota in the trunk of her car. She has learned how to can vegetables and always makes sure to have a winter coat and snow shoes for her dog. For Kristen, it’s all worth it. This is the job that she’s always dreamed of. A job where she knows she’s making a difference.

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I was searching for a change of pace, a new environment, as well as the ability to work in a community where my services were needed.

Serving as the CVE Coordinator allows me to help improve our international and domestic efforts to counter violent extremism.

alumnus profile

2009

Travis Smith

breaking ground in national security

Rooted in his passion for the law and the need to make a difference in protecting our society, Travis Smith, a 2009 graduate of Oklahoma City University School of Law, has always known he wanted to work as an Assistant United States Attorney.

“I attended law school because of the unique way it teaches people to think about issues, and I wanted to help others to find answers to their questions.” Today, not only has Travis achieved his goal by serving as an Assistant U.S. Attorney for the Western District of Oklahoma since 2011, he has also served that office as the National Security/Anti-Terrorism Advisory Council Coordinator, and has now been selected to serve as the Countering Violent Extremism Coordinator for the Executive Office for United States Attorneys (EOUSA) in Washington, D.C.

intervention and training programs.”

As the coordinator, he will work with communities on prevention and intervention approaches to violent extremist narratives, provide non-violent avenues for expressing grievances and help to educate communities about threats.

This new initiative provides legal and pragmatic guidance and support to United States Attorney’s Offices in numerous program areas. The division also assists in the development and dissemination of policy for the entire Department of Justice. “It is a groundbreaking position aimed at preventing violent extremism in the United States, and this position will coordinate the USAOs’ efforts with other federal agencies and provide technical assistance with

Travis looks back at his time in law school and the experiences it gave him. “I gained significant exposure to multiple international treaties and the legal principles that govern international law.” He was also able to take advantage of the externship opportunities offered. “The solid legal instruction, coupled with those practical experience opportunities allowed me to more fully understand my interests and how to approach the day-to-day life at my office.”

Travis has always been interested in national security. He served in the U.S. Marine Corps Reserve from 2001 to 2007 and participated in three coldweather survival exercises in Norway and Alaska. In wake of recent terrorist activity and attacks, there is a need to prevent extremists from radicalizing and mobilizing recruits within the United States and abroad. “Serving as the CVE Coordinator allows me to help improve our international and domestic efforts to counter violent extremism.”

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alumnus profile

2010

Michael Kosuge practicing in a not so foreign land

For Michael Kosuge, growing up in the suburbs has a different meaning than to what most of us can relate. Michael’s childhood was spent in suburban Tokyo, Japan, where he lived with his family until high school. Kosuge and his family moved to the United States around the time he was entering high school, and is where he would stay for the remainder of his education.

After obtaining his undergraduate degree from Weber State University, Michael took a step back to evaluate exactly what it was he had to offer in the work force. “Growing up in Japan and having the skill set to read, write and speak the Japanese language and also understand their culture, I knew I wanted to use these strengths once I entered the work force.” It was at that point Michael thought about the possibility of becoming a lawyer. As he weighed his options, he knew what he could bring to the table by being a Japanese-fluent attorney in the United States would be invaluable. This skill is what would set him apart.

Right after graduating with his law degree from OCU Law in 2010, there was a lawsuit in the United States that involved a major Japanese automobile manufacturer. This lawsuit resulted in a massive and extensive discovery of Japanese documents. More than 200 Japanese speaking lawyers throughout the United States were hired. This proved to Michael there was a demand for bilingual attorneys.

As Michael began looking for a job, he became drawn to the idea of moving back to Japan to start his career. “I would be more marketable

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in Japan with my language skills and legal qualifications,” said Kosuge. He was hired as an associate attorney for Hogan Lovells, a global law firm with offices all over the world, and works with the intellectual property team.

“Working in intellectual property has been rewarding because, knowing that Japan bases its economy on technology and its brands, I feel as I am able to serve my clients by protecting their most important assets.” Michael has worked with one of the top Japanese automobile companies and highly recognized Japanese electronic and cosmetic companies.

The Tokyo intellectual property team has been repeatedly rated in the Chambers of Asia, Asia Pacific Legal 500, and as a top tier firm in Japan and Asia from 2008-2015.

No matter how far away he is, each day while riding the train, Michael thinks about one particular lesson he learned at OCU Law — you must have an ‘ON’ and ‘OFF’ switch. “Studying in law school was serious and intense, but I was able to manage my time so that I had time to relax and simply enjoy life.” He will also never forget the advice given by Professor Danné Johnson on his first day of law school, and that was to buy a navy suit. “To this day, when I wear a suit for work, I make sure it is navy blue.”

Although his dream of representing Japanese baseball players who come to the U.S. to play Major League Baseball has yet to materialize, Michael has been able to blend his Japanese upbringing and American education to find another niche in the legal world, which suits him just as well.

...having the skill set to read, write and speak the Japanese language and also understand their culture, I knew I wanted to use these strengths once I entered the work force.

We have the education, character, and resources to make real change wherever we go. Whether that’s by serving in public office, on boards or volunteering — we owe it to the communities that got us here to give back. One way that is essential to giving back is staying connected with each other and the law school.

Sarah Margaret Breland Lanier, Class of 2016 2015-16 STUDENT BAR ASSOCIATION PRESIDENT

Amicus Universitas

The outgoing and incoming law review board of editors celebrating another successful year at the Spring Law Review Banquet held at the Oklahoma Judicial Center.

Law students Patrick Wulfers and Danielle Connolly discuss Constitutional Law at a reception following the annual Brennan Lecture.

Oklahoma Innocence Project supporters Brent and Debbie Stockwell at a reception in January.

The 2015 Brennan Lecture featured Professor John Dinan from Wake Forest University.

Michael Joseph with Barbara and Ben Harjo at an Oklahoma Innocence Project reception held in January.

Alumni Naureen and Jeff Hubbard enjoy their view at the Alumni Night at the Ballpark event held in June.

Bill Frankfurt, Bill Shdeed, Gary Homsey and President Robert Henry give a toast at the Ron Norick portrait unveiling.

OCU Chairman of the Board Ron Norick and Artist-inResidence Mike Wimmer look on at the recently completed portrait of Norick, unveiled at an event in October.

Judge Niles Jackson and wife Barbara Thornton enjoy the festivities at the Dean’s annual Holiday Reception.

Susan Winchester and Keri Watkins accept the Community and Public Service Award on behalf of the Oklahoma City National Memorial and Museum.

President Henry, Dean Couch, commencement speaker President Andrew Benton and Faculty Hooder Professor Michael Gibson pose with the December 2015 graduates.

in conclusion : student profile

Elke Meeus Elke Meeus and Kelley Allen Chase met in Europe in 2006 — Elke, a native of Belgium and a journalist; Kelley, an American stationed in Germany with the United States Air Force. The two were married several years later, moved to the United States and started their family. After serving in the Air Force for nearly sixteen years, Kelley joined the Oklahoma City Police Department in May of 2012. On October 12, 2012, Elke and her children suffered a tragedy that no family should have to endure. Just five months into his training, Kelley went to work and didn’t return home. He suffered a serious injury during a routine training exercise and died of those injuries. But losing her husband that day set Elke on a path that she never would have imagined. A path that introduced her to the legal profession. A path that led her right here — to Oklahoma City University School of Law.

How did this tragic experience motivate you to join the legal profession?

When my husband Kelley passed away, there was nobody who wanted to help me, or could help me, until I came across relentless journalist, Phil Cross from Fox 25, who got the media interested in my story; the Fraternal Order of Police, who supported my fight; and a phenomenal lawyer, Jim Moore. At first, my attorney made clear to me that we may not win, and that we likely had four losing cases, but that he would try his utmost. We started doing research. I used to be a journalist so I enjoy research. I like digging. I showed up to his office one day and showed him the research I had done and he said, “Wow, now you are thinking like a lawyer.”

Jim really encouraged me to consider going to law school. I gave it quite a bit of consideration and have not regretted it a single minute. I hope to someday be able to help others the way my attorney helped my family. I’ve been fighting for three and a half years now, and in December, I finally won that fourth case. Out of four cases we thought we would lose, we won all of them. From a tragic experience came a great moment.

Prior to moving to the states, you were a journalist in Belgium. How do you think your background in journalism prepared you for law school?

Journalism has always been my passion. I was sixteen when I first realized I wanted to be a journalist. I applied to so many papers and ended up taking a two-week internship at the Wall Street Journal Europe over Easter. I came back for three years — every summer, Christmas and Easter vacation. By the time I went to college, I already had three years of experience. I accumulated other internships, and it was at that point that different media outlets were willing to take me even at a young age. One thing just led to another, and I had some wonderful opportunities.

I think the marriage between journalism and legal work just fits. I have fallen in love with it. My love of research and writing has prepared me well for what I’m doing here.

My background has really helped me in law school.

You were at one point on a skydiving team, doing up to six jumps a day. How did you get into the sport?

My brother invited me. My parents were both skydivers actually. But they stopped when they had me. Just before my 25th birthday my brother came to me and said, “Elke, how about a little skydive? We can do a weekend course and we don’t even have to do tandem.” The weekend came and my brother decided to do tandem, but I was like, no, I’m going to do that jump on my own! I loved it so much that I got down and signed up for the other six jumps to complete the course so that I could jump completely on my own. That’s how I met my husband. We were both skydivers. We both loved the sport. It’s therapeutic.

What’s next for you? What are you planning to do after law school?

I’m not someone who is going to take it as it comes. I really go all for something. But the professors have opened up our minds to new thoughts. They are making us think like lawyers. Think differently. Think outside of the box.

It makes me think there is a lot more out there than my preconceived notions. Who knows what I’ll do when I walk out of here, but it will be exciting.

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With the generous assistance of our alums and friends, our law school continues to grow and develop in the heart of Oklahoma. Thank you!

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DE A N VA LERIE K . COUCH

If you are interested in helping Oklahoma City University School of Law Grow Forward, please contact the Advancement Office at 405.208.7101 or lawadvancement@okcu.edu.

800 North Harvey Avenue Oklahoma City, OK 73102

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