TPD Blog

Sex-offender law under scrutiny

A felon's third child-molestation charge prompts concerns.

By NICOLE MARSHALL World Staff Writer
Published: 8/15/2009 

The case of a convicted sex offender who was charged Friday with the kidnapping and lewd molestation of a 23-month-old girl has raised concerns among law enforcement and legislators about the state's sex-offender law and sentencings.

Marcus Berry, 56, has two previous child-molestation convictions, and he was arrested twice on violations of the sex-offender law. The first time he was charged with not registering as a sex offender, a jury acquitted him based on his claim that he couldn't register because he was homeless.

The second time — after again claiming to be homeless — he pleaded guilty and received a two-year probation.

Berry was arrested Wednesday night after two patrol officers found him and the girl — both partially dressed — in a pickup that was parked in a field, police said. The girl had been snatched from her family's front yard after she wandered out of a gate on the side of the house.

At the time, the Department of Corrections listed Berry as a registered sex offender with a Sand Springs address.

District Attorney Tim Harris said that based on Berry's prior felony convictions, he faces 20 years to life in prison if he is convicted of the kidnapping charge and up to life, with or without parole, on the lewd-molestation-of-a-minor charge.

But police, prosecutors and legislators have been debating whether the state's sex-offender law failed in this case and whether more could have been done to prevent Berry's arrest on a third child-molestation offense.

The "homeless defense" is an issue police and prosecutors have struggled with previously.

In January 2008, a Tulsa World analysis showed that more than 20 sex offenders were registered as homeless in Tulsa. But police said the majority of those offenders were not homeless at all.

Reporting that they are is just one way the offenders have learned to cope with the state law that precludes them from living in most of Tulsa, police said.

A state law that went into effect in 2006 made about 90 percent of the city off limits to sex offenders by prohibiting them from living within 2,000 feet of playgrounds, parks or child-care facilities.

Previously, 550 sex offenders were registered in Tulsa, but the list is now down to about 300. Many offenders have moved to rural areas, but others are just refusing to register, police say.

"You have to wonder, where did the other 200 go?" Tulsa Police Sgt. John Adams said.

He suggested that residence restrictions be loosened, perhaps decreasing the restricted boundary around schools from 2,000 to 1,000 feet and removing the prohibition against offenders living near parks.

Such changes would make it easier for sex offenders to find a place to live legally and would therefore make them more likely to register their addresses, police say.

Adams also suggested that mandatory sentences be set for violations of the sex-offender laws.

"The point is that we know where they are," he said. "So we make it a little easier for them to find a place to live and then, if they fail to register, they are gone on a mandatory five-year sentence."

The Oklahoma Court of Criminal Appeals ruled in a previous Tulsa County failure-to-register case that homelessness was a legitimate defense.

Assistant District Attorney John Lackey, who prosecuted that case, argued that the Sex Offenders Registration Act imposes strict liability on offenders to register and that failure to do so is criminal regardless of the intent. Lackey asked the appeals court to provide jury instructions for failure-to-register cases and to make the statute's language more specific.

While preparing the case, Lackey did research on the homeless-defense issue and found that other states already have measures to deal with the problem. Some states require an offender to check in with the appropriate agency daily or every few days, he said.

Oklahoma's "sex-offender registration statute makes it almost impossible for the sex offenders to find a home, and then we don't address what happens when they don't have a home," Lackey said.

In reaction to Berry's arrest, Rep. Rex Duncan, R-Sand Springs, announced Friday that he plans to file legislation that would address loopholes in the state sex-offender laws and strengthen sentencing.

Duncan said the legislation would eliminate the homeless defense as an excuse for not registering and would allow those convicted of failing to register to receive 20-year prison sentences.

Under current law, a child molester can face a sentence of 25 years to life with parole possible for a first offense. Duncan's proposal would increase the maximum penalty for first offenders to life without parole. It also would allow the death penalty to be considered for those convicted of second offenses.

However, a U.S. Supreme Court ruling in a Louisiana case last summer effectively tossed out an Oklahoma law that allowed the death penalty for repeat child molesters. In the Louisiana case, the high court limited capital punishment to those who commit murder.

Berry's previous child-molestation convictions were in 1986 and 1993. In the most recent case, Berry was sentenced to 30 years in prison. But he was convicted before 2000, when a law took effect requiring those convicted of offenses such as lewd molestation to serve at least 85 percent of their sentences.

Because of the earned credit system, he was released from prison on Oct. 3, 2006, not quite 13 years after his 30-year sentence was imposed.

Sex offender registries
Search sex-offender registries in your area.

Tulsa: tulsaworld.com/tpdsexoffenders

Tulsa County and suburbs: tulsaworld.com/offenderwatch

Oklahoma Department of Corrections: tulsaworld.com/docsexoffenders

Nicole Marshall 581-8459
nicole.marshall@tulsaworld.com

Tulsa Police: Divine Intervention Led To Sex Offender's Arrest

Posted: Aug 13, 2009 8:32 PM CDT
KOTV-Tulsa

By Ashli Sims, The News On 6

TULSA, OK -- The two Tulsa Police officers who discovered Marcus Berry, Sr. with the 2-year-old girl say it's pretty incredible they even found her. 

The officers discovered Berry and the little girl before the call even went out that she was missing.  If it weren't for a glance out of the corner of an eye, they might have driven right on by.

The officers weren't searching for an abducted child. They weren't trying to match a suspect description. They were just patrolling an unfamiliar road.

"A lot of what we do is good cop instinct. And, a lot of it is luck. Last night had nothing to do with both. It was divine intervention, completely," said Tulsa Police Officer Mark Wollmershauser, Jr.

Officer Mark Wollmershauser, Jr. says a divine hand steered him and his partner Officer Stephanie Blann to a deserted gravel road.

Officers say they barely saw Marcus Berry's truck that was parked far off the road. They say 30 minutes later, it would have been dark. With all of the tall grass in the area, they never would have seen it.

But, Officer Wollmershauser caught sight of a tail light out of the corner of his eye.  The two officers approached the truck and said they knew immediately something wasn't right.

"He was acting really weird, and at one point, put it in reverse. So, we thought he was gonna flee or run us over. We had no idea there was a kid in the car," said Tulsa Police Officer Stephanie Blann.

"I see his pants are undone. Still, don't see the little girl. Just ask him what's going on. And then, he finally tells me he's with the little girl, and it all clicked. And, got really awful at that point," said Tulsa Police Officer Mark Wollmershauser, Jr.

He says he grabbed Berry and Blann scooped up the baby girl.

"She was as sweet as anything. And, she looked up at us. And, Officer Blann got her from the passenger side and got her outta the truck and just held on to her," said Tulsa Police Officer Mark Wollmershauser, Jr.

And, that's when the call crackled across the police radio.

"They put the call out and her clothing description. And, I was looking right at her. Everything matched," said Tulsa Police Officer Stephanie Blann.

The little girl is now home with her family.  The suspect is behind bars.  And, two Tulsa Police officers are being called heroes.           

"More than likely they saved this little girl's life or who knows what they prevented. But, because they did a good job we got this child back," said Tulsa Police Sgt. John Adams.

Both officers shrug off the hero talk.  But, they are frustrated that a two-time convicted sex offender would even have the opportunity to hurt another victim.

http://www.newson6.com/Global/story.asp?S=10928418

Copyright KOTV 2009. Format differs from original publication.

Fair Board chair requests necessary law enforcement

By KEVIN CANFIELD World Staff Writer
Published: 8/6/2009 

Fair Board Chairman and County Commissioner Fred Perry sent a letter to Mayor Kathy Taylor asking the city of Tulsa to provide the law enforcement services necessary for this year’s Tulsa State Fair.

“This can be done with actual on-site Tulsa Police officers or by the city contracting with the Sheriff’s Office,” Perry wrote in a letter hand-delivered to the mayor Wednesday.

For years, the Tulsa County Sheriff’s Office provided law enforcement services at the fair that were supplemented by private security hired by the Tulsa County Public Facilities Authority, which oversees operation of the fairgrounds.

But that was before the city annexed the fairgrounds Jan. 1.

After discussions with the Tulsa Police Department, Expo Square President and CEO Mark Andrus was informed last week that the police would not provide security at this year’s fair without charging a special event fee.

The Police Department will respond to 911 calls.

“We don’t provide internal security for any major function without billing the sponsor for the cost of that security,” Deputy Police Chief Dennis Larsen said last week. “We’re being consistent with what we’ve done for the last 20 years.”

But in his letter, Perry says that in discussions preceding the city’s decision to annex the fairgrounds city officials were made aware that the fair “required a high degree of law enforcement.”

“With this annexation comes the responsibility to provide adequate service to the newly annexed property,” Perry wrote.

Larsen said the city provides security without a charge for only two special events: the Veterans Day parade and the Martin Luther King Day parade.

When it comes to the hundreds of other special events, from the Tulsa Run to Dfest, the sponsor pays for police to provide internal security, he said.

Sheriff Stanley Glanz has estimated that it would cost his office about $300,000 to provide law enforcement at this year’s fair.

By KEVIN CANFIELD World Staff Writer

Copyright Tulsa World 2009. Format differs from original publication.

Tulsan teaches DNA tests to Iraqis

By NICOLE MARSHALL World Staff Writer
Published: 8/3/2009 

A Tulsa woman has returned home after spending nine months in Iraq teaching the first members of the country's national police force to conduct DNA testing.

After working at the Tulsa Police Department's lab for more than 11 years, Dr. Valerie Fuller resigned in October and left for Iraq just weeks later. She faced a lot of uncertainties, but Fuller said she was excited to be a positive part of Iraq's history.

"Saddam (Hussein) tore everything down, and then ...we had to tear a lot of things down just to get him out of there," she said.

"This is one thing where we are building something, and it was a positive thing, and I just think it will have far-reaching ramifications for a very good, positive future for their country. I feel honored to be a part of it."

At the Tulsa lab, Fuller worked by herself for several years as DNA caseloads mounted.

"I was a one-person lab for five years. That almost killed me," Fuller said. "It finally reached crisis proportions, and they hired two more people, and now they have three."

Fuller's husband, Tulsa Police Cpl. Dan Fuller, is a lieutenant colonel in the Oklahoma Army National Guard and was assigned to Iraq from January to October. It was through him that she made the contact for her new job.

Maj. Gen. Jassim Tahir Chilab, dean of Iraq's High Institute for Training, selected the students who attended the Baghdad Police College Criminal Evidence Lab program. They were unemployed chemists and biochemists before they became police officers.

The 18 officers made up the first training class for disciplines such as toxicology and DNA testing, but the Iraqi police had already been doing fingerprint and firearms examinations, Fuller said.

She didn't know what to expect as a woman teaching a group of Iraqi men, but she encountered no cultural problems, she said.

"These guys were so polite, and immediately they told me they would treat me like a sister — protect me with their lives — and they meant it," Fuller said.

"Now a lot of things...like the camaraderie we had inside the lab probably would not have been acceptable on the streets, but I could be myself inside the lab."

Her students called her "Doctora Fuller," and she got to know them as friends and colleagues.

The Baghdad Police College is in what is classified as the "red zone" because it is guarded entirely by Iraqis. Nonetheless, Fuller said she felt completely safe.

During her time there, she heard a couple of car bombs and then saw smoke and coalition helicopters overhead, but she never saw any violence firsthand, she said.

"I had to wear armor to walk into the red zone, but when we would get there, I would change into my business suit," Fuller said. "I trusted their security, and I am a scientist."

The students took risks to have the opportunity to be police officers, Fuller said. One of the chemists who lived in Sadr City would wear a mask and have his family smuggle him daily into his job as an officer.

"He was not sure that if his neighbors knew he was working with Americans what they would do to him, so these guys took great personal risks to come to this class every day," Fuller said. "All of these guys were more than happy to work for the police, because the police were part of the coalition. It is a very patriotic job to have," she said.

Fuller estimated that 70 percent of the students' fathers had been killed in the Iran-Iraq War or "because of political reasons, they just disappeared one day."

She taught the students how DNA testing could be used to solve decades-old cases, including the hundreds of missing-persons cases in the country.

Previously, "they were aware of DNA, but they thought it was something only in the movies ... that they would never have access to it," Fuller said.

Fuller said her job allowed her to see history being made. In February, the first class of about 1,000 female Iraqi police officers graduated.

"It was great," Fuller said. "They knew that they were doing something really historic, and we were there supporting them."

In addition to the 18 DNA students, six students studied blood-spatter evidence at the college, and 11 studied chemistry.

The Ministry of Interior celebrated the graduation of all 35 Iraqi police officers from the Criminal Evidence Lab course on July 2. Now they are working to set up their work sites at the three main national labs.

"Any of them would be qualified to do DNA in the states. I would hire any of them," Fuller said.

Two days before Fuller left Iraq, the school's dean asked her for a favor.

"He was so concerned and said he hopes that it was a positive experience for me," she said. "He asked me, 'Could you just go back and tell the Americans how grateful we are for all their help? We are so thankful, and you have to get this positive story out there.' "

Fuller is now working to set up a lab in the Caribbean island of St. Lucia.

Nicole Marshall 581-8459
nicole.marshall@tulsaworld.com

Copyright Tulsa World 2009. Format differs from original publication.

Tulsa Police Re-approve Furlough Days

Police officers approve furlough days again

BRIAN BARBER, Tulsa World

Tulsa’s police officers have for a second time approved a contract that includes taking eight unpaid furlough days with the rest of the city’s workforce.

The first vote earlier this month was voided because the contract version contained technical errors that made it violate federal labor laws.

Those were corrected before Monday night’s second vote, Fraternal Order of Police Lodge 93 President Phil Evans said.

Once again, it passed with more than an 80 percent of the vote, he said.

The furlough days essentially amount to a 3.1 percent cut in pay for each officer, but it was either that or see 48 fellow officers — including the 10 newest academy graduates — laid off from the 781-member force.

Tulsa firefighters also have approved a labor contract that includes the furlough days.

Source: http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090721_298_0_Tulsas812274

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Man Arrested for Kidnapping, Armed Robbery...

Man arrested in kidnapping, car theft

SARA PLUMMER, Tulsa World

A man was arrested late Friday on complaints of kidnapping, armed robbery, driving without a license and eluding police.

An arrest report alleges that Andre D. Payne, 26, kidnapped a man by gunpoint about 8:30 p.m. Friday in the 1000 block of 26th Place North after firing a shot in the grass.

Payne allegedly had the man drive him somewhere else, then demanded the keys and fled in the car.

Police found the vehicle and initiated a traffic stop, but the driver attempted to elude officers and threw a gun from the car. He eventually stopped and was taken into custody in the 13000 block of East 16th Place. The gun was recovered, the report says.

It is unclear whether Payne and the victim know each other.

Court records show that Payne has been convicted of false impersonation, driving without a license and possession of a controlled drug.

Source: http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090720_19_A7_Amnwsa505741

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Police Need Info About Fatal Shooting

Robbery eyed as motive in killing

NICOLE MARSHALL & ALTHEA PETERSON, Tulsa World

Police are investigating whether the fatal shooting of a man at an apartment complex early Saturday occurred during a robbery attempt.

The fatal attack on Pedro Sanchez, 40, at the Plantation Apartments, 5537 E. 47th Place, is a "whodunit" at this time, and detectives are seeking anyone who might have information about the killing, Officer Leland Ashley said.

At this point in the investigation, there is no evidence that Sanchez knew the men who approached his family's car in the parking lot about 1:30 a.m. Saturday morning.

The victim's wife and two children were in the vehicle at the time of the shooting.

According to the Sanchez family, they had been visiting relatives who lived in the apartment complex, police said.

As they were leaving, they reportedly were approached by four men, all of whom were wearing black and white clothing with black and white bandanas, police said.

One of the men leaned into the vehicle with a gun and told Sanchez to put the car in park, police said. Sanchez apparently tried to drive away, and the man shot him.

"At this point, the detectives think that this was motivated by robbery," Ashley said.

When officers arrived, they found Sanchez slumped over the steering wheel.

He had been shot in the upper torso, police said. He was taken by ambulance to St. Francis Hospital, where he was pronounced dead.

Sanchez' death was the 37th homicide investigated by Tulsa police this year.

Anyone with information about the homicide is asked to call Crime Stoppers at 596-COPS or submit a tip online at tulsaworld.com/crimestoppers .

The Crime Commission offers rewards for information leading to arrests, and tipsters can remain anonymous.

Source: http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090721_11_A13_Police485282

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100th Academy Class Graduates

Tulsa Police Department graduates 100th class

by: NICOLE MARSHALL World Staff Writer
Friday, June 26, 2009

The Tulsa Police Academy graduated 10 officers today despite the city’s budgetary woes that threatened possible layoffs of the officers before they even graduated.

Union and city leaders announced that Tulsa’s police and firefighters will take eight unpaid furlough days with the rest of the city’s workforce to alleviate the financial situation. The contracts, reached after weeks of negotiations, still must be ratified by the Fraternal Order of Police Lodge 93 and Tulsa Firefighters Local 176 memberships before they are final.

Today’s class is the 100th class to graduate from the academy, said Maj. Rod Hummel. It is also the first academy in which all of the officers graduate with a top in rating in the Coopers Fitness Test and all averaged and A grade in academics, Hummel said.

Police Chief Ron Palmer said that it may have been one of the smallest classes that he has seen, but the nine men and one woman who graduated on Friday proved themselves to be survivors.

“They have demonstrated courage and tenacity to take on the challenges of our society and to protect and serve our citizens with little regard for their own personal safety,” Palmer said.

The officers come from a variety of backgrounds, including education, professional baseball and banking. Two of off the officers are the sons of Tulsa police officers.

For most of the academy, the class contained 11 cadets, but Tulsa Police Cadet Chris Westcott, the son of City Councilor Rick Westcott, resigned amid controversy over the legality of his police employment. State nepotism laws prevent the city from hiring a relative of an elected official while the official is serving.

Source: http://www.tulsaworld.com/site/printerfriendlystory.aspx?articleid=20090626_11_0_TheTul659666

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Tulsa Police Arrest Commercial Burglars

Two arrested in string of commercial break-ins

Police arrested two men early Wednesday on complaints accusing them of stealing several flat-screen televisions from businesses in the last few months.

Antonio Sells, 25, and Bennie Denson, 26, were arrested on seven second-degree burglary complaints in connection with break-ins at Tulsa businesses that included restaurants, a dentist's office and a trucking company.

More complaints could be added as detectives continue to investigate whether the pair could be tied to other burglaries, Sgt. Brandon Watkins said. At least 20 to 30 commercial burglaries in the last few months could be connected, he said.

Watkins said the property loss is in the tens of thousands of dollars and that in many cases, more damage was done to the businesses than the stolen property was worth, Watkins said.

The suspects were arrested after Officer Ryan Woods heard a burglar alarm in the area of 61st Street and Garnett Road about 3 a.m. Wednesday.

He determined that Airco Service Inc., a heating and air, plumbing and electrical business at 11331 E. 58th St., had been broken into but that the burglars had fled after trying to steal a flat-screen television.

Watkins said that when burglary detectives heard the call dispatched, "they knew it fit the profile of these guys who had already been developed as suspects, so they had dispatch broadcast the description of their vehicle and the tag number."

Cpl. B.C. Leonard soon stopped the vehicle near 11th Street and Denver Avenue. Sells and Denson were in it.

Meanwhile, Officer Shane Goben reviewed surveillance video at Airco. Based on what he saw on the video, Sells and Denson were arrested.

Source: http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090618_11_A8_Police1473

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Click It or Ticket

During 2007, more than 14,000 people in passenger vehicles died in crashes while unbelted. About half of these lives could have been saved if they had been wearing seat belts at the time of the crash. As sad as this statistic is, the numbers are even worse at night than during the day, according to new figures release by the National Highway Traffic safety Administration.

That is why the Tulsa Police Department is joining state and local law enforcement agencies and highway safety groups in supporting an aggressive national Click It or Ticket seat belt enforcement campaign from May 18 through May 31. Police will be ticketing unbelted vehicle occupants around the clock--night and day.

Join us at a press conference to announce our efforts on Thursday May 14, 2009 – 1000 AM at Tulsa Raceway Park, 3101 N. Garnett Rd. in Tulsa. (Off of Highway 169 between Pine and 36th Street North)