TULSA, Okla. — Two daughters are desperately trying to get their dying dad out of prison, but he was denied medical parole.
In 2021, Oklahoma passed SB 320 to grant more terminally ill, non-dangerous inmates a compassionate release. But data shows it is not happening as much as supporters of the law hoped.
Jessica Dougherty and Jeni Maus say their dad, James Havens, tried for decades to get sober.
“Extensive rehabs,” said Maus. “He also owned a company building custom homes. It’s not like he was on the streets homeless, drinking out of a paper bag. He was a very high-functioning alcoholic.”
Eventually, the high-functioning alcoholism would take a turn for the worse. Maus said he was in the process of getting diagnosed for “wet-brain” when, in a drunken state, shot his then-wife, Brenda Havens (not Dougherty and Maus’ mother).
“He took accountability, he took responsibility,” said Dougherty. “He went in [the court] saying ‘I do not want to cost the State of Oklahoma money; I do not want to put the victim’s family through anything.”
Today, Havens, 72, suffers from a myriad of health problems, including terminal cancer. Jessica and Jeni want to take care of him, but his medical parole was denied by the Oklahoma Department of Corrections.
“I don’t know many people that would think it is OK for someone to die miserable and in pain in their final days,” said Maus.
Data obtained by Oklahoma Watch shows that nearly one in six Oklahoma prisoners are 55 and older.
Senate Bill 320, signed by Governor Kevin Stitt, was designed to ease the burden of ill prisoners on taxpayers by increasing the number of medical parolees.
However, numbers show that three years before the law passed in 2021, 30 medical paroles were granted.
Since the law passed, only six were granted.
Havens’ daughters say their dad meets all the criteria.
“We have never asked for sympathy for our dad,” said Dougherty. “There are good people who make bad decisions and are in prison and rightfully so. They are where they deserve to be. That does not mean that they deserve to be treated cruelly or unfairly, especially when it comes to medical care.”
The women believe the Department of Corrections is failing them and the state of Oklahoma by not granting more of these medical paroles.
“They’re failing more than just him,” said Maus. “That’s why this is such an important story. Obviously, our top priority is our father… but there are thousands, if not more than that, people who are suffering that don’t have lawyers or family fighting for them. Something has to change.”
Two appeals have been filed for Havens’ medical parole.
In a statement, Kay Thompson, Spokesperson for the Department of Corrections, writes:
“We cannot comment because of ongoing litigation in James Havens’ case. However, we thoroughly review every medical parole application. While the inmate’s medical history is considered, it is imperative that we ensure the protection of the public, are mindful of any victims, and do our statutorily dictated job of carrying out court-ordered sentences. Havens’ was convicted of first-degree murder and sentenced to life in prison."
Stay in touch with us anytime, anywhere --
- Download our free app for Apple, Android and Kindle devices.
- Sign up for daily newsletters emailed to you
- Like us on Facebook
- Follow us on Instagram
- SUBSCRIBE on YouTube
