OKLAHOMA CITY, Okla. — Oklahoma Attorney General Gentner Drummond is seeking to reincarcerate a woman freed from her 107-year sentence following a crash that killed five people in 2007.
A jury previously found Graham guilty of hitting and killing five people who were helping an injured motorcyclist. Graham was convicted of five counts of first-degree manslaughter and one count of leaving the scene of a deadly accident.
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After serving 13 years of her sentence, Graham appealed her conviction, claiming the U.S. Supreme Court's McGirt ruling. The ruling said the State doesn't have the jurisdiction to prosecute tribal members who commit crimes on Tribal land.
A judge dismissed her appeal; however, the district court later granted the motion for post-conviction relief, allowing her to be freed from prison in 2021.
In April 2023, a U.S. district court ordered Graham's return to prison.
In June 2023, a U.S. district judge ordered the release of 53-year-old Kimberly Graham due to a violation of her 14th Amendment right to due process.
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Drummond is seeking Graham's reincarceration, claiming the state did, in fact, give her due process.
The Office of the Attorney General released the following statement:
The Oklahoma Court of Criminal Appeals properly reinstated Ms. Graham’s judgement and sentence under state law after careful consideration and affording her due process. We are requesting the federal appellate court to respect that decision.
2 News will continue to follow this story.
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