TULSA COUNTY — Two Sperry students accused of raping another pupil with a hairbrush showed up in court this afternoon for their preliminary hearing.
At the crux was whether the state has power to charge the minors in this case as adults for rape by instrumentation. But ultimately, both sides were "frustrated" with the result.
“Obviously, we’re disappointed,” said MJ Denman, the attorney for one of the students accused, after the hearing.
Local News
Charge dropped against 1 teen in Sperry assault case
That’s how the defense reacted to the result of this hearing.
At its heart was the ruling of District Judge Cliff Smith from a previous hearing that the two students be tried as adults for charges of rape by instrumentation. The defense argued the state did not have a cited authority to do so.
“You can look at the statute, interpret what the language of that statute says, and that’s what we’re basing it on,” Tulsa County District Attorney Steve Kunzweiler said afterwards. “It’s in black-and-white.”
The special magistrate judge ultimately found that she could not overrule Smith’s previous decision and denied the defense’s motion to dismiss.
“The district judge couldn’t hear the argument either,” Denman said to us. “This is the frustration wise. OK, couldn’t go up to the judge and say, ‘Would you reconsider your opinion because now we have actually researched and briefed what your decision was, and we have a lot that you may change your mind?’”
However, she granted leave so that the defense could file an appeal and take this to the Court of Criminal Appeals. She said she will offer a written decision on Friday, April 25.
“Every day that ticks by, these young men are just getting older,” said Kunzweiler. “And if their [the defense’s] argument is that they oughta be treated down at the juvenile offender system, then let’s have those hearings and have that information.”
He added, “We’re ready to put on evidence and support the allegation of right by instrumentation.”
Right after the hearing, the DA accused the defense of dragging things out, saying, “I just think it’s a waste of time. I’m wondering why are we doing this?”
“We already had a judge who got appealed by a district court; that court rendered its ruling. Judge Sibert clearly said I’m not gonna reverse what Judge Cliff Smith did,” he continued. “We should’ve been doing a preliminary hearing today, but I guess leave was granted to make this exact same argument with a little nuance.”
“Who is really making this case drag out?” Denman said, after being told about Kunzweiler’s comments. “Somebody who’s fighting for the rights of a child or somebody who’s ignoring the law, it’s written?”
Local News
SPERRY REACTS: 3 students charged with rape, victim's lawyer shares details
Brian Boeheim, whose law firm is representing the other student accused, added, “They had all the opportunity in the world to file this as a YO (youth offender), take it over juvenile, and then if they chose to -- like Mr. Denman said -- they could’ve been attempted to escalate this and move it to as an adult.”
When 2 News asked Kunzweiler if he was prepared to go to trial, he replied, “Well, I mean we’re ready."
"We don’t file a case unless we think a judge or a jury-- if we have-- we have to have a reasonable expectation that a judge or a jury could make a determination that an individual charged with a crime could be found guilty that crime by the beyond-a-reasonable-doubt standard.”
The defense said they plan to file an appeal within five days.
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
- Watch LIVE 24/7 on YouTube
