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Thread: Phillip Dean Hancock - Oklahoma Execution - November 30, 2023

  1. #11
    Senior Member CnCP Legend Mike's Avatar
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    Oklahoma Court of Criminal Appeals says death row inmate should have hearing on DNA testing

    By Andy Weber
    KOCO 5 News

    The Oklahoma Court of Criminal Appeals on Thursday ruled that a convicted murderer on death row should be allowed a hearing to ask for new DNA testing.

    The court granted Phillip Hancock and his attorneys the chance to argue for new DNA testing. Hancock was convicted of killing two men at an Oklahoma City home in 2001, and DNA testing has changed a lot in the last 20 years.

    "In 2001, there were some still fairly rudimentary types of DNA testing," Oklahoma City University law professor Andrea Miller said. "It wasn't particularly sensitive, meaning, back then, DNA testing required there to be more DNA."

    Miller told KOCO 5 that because of the changing technology, defendants – even after they're convicted – can ask for additional testing.

    A trial court had denied giving Hancock even the chance to argue for such testing.

    "The DNA testing post-conviction statute – that is the issue here – gives him and others like him a mechanism to go back to the court and ask for DNA testing to be conducted," Miller said.

    Five judges with the Oklahoma Court of Criminal Appeals unanimously ruled that Hancock should have access to such a mechanism. Judge David Lewis wrote that the trial court abused its discretion and committed an error by failing to hold a hearing on DNA testing.The ultimate decision on testing is still up to the trial court.

    "What the statute requires you to show to get DNA testing is there a reasonable probability that you wouldn't have been convicted had the DNA testing been available," Miller said.

    Hancock's execution date is set for May 2023.

    https://www.koco.com/article/teen-sa...treat/40688632
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  2. #12
    Senior Member CnCP Legend Mike's Avatar
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    Oklahoma AG asking for delay in executions

    By K. Querry-Thompson
    KFOR

    Just days after taking office, Oklahoma Attorney General Gentner Drummond has filed a motion to delay several executions in the state.

    Drummond filed a motion with the Oklahoma Court of Criminal Appeals, requesting that seven impending executions be conducted with more time between each event.

    He says the current schedule is putting pressure on understaffed DOC employees.

    “I was honored to spend time with these outstanding men and women who work every month to carry out the State’s highest punishment and deliver justice to the families of victims,” Drummond said. “I observed their respect for the solemnity of their duty. I saw their regard for the family and loved ones of victims. Oklahoma is fortunate to have dedicated public servants who are willing to train for and carry out a task of such gravity.”

    Oklahoma has had four executions over nearly five months and 21 others are pending.

    “As is to be expected, DOC leadership and personnel have continuously sought to learn and improve during the process,” states the Jan. 17 filing. “One aspect that has become clear over time is that the current pace of executions is unsustainable in the long run, as it is unduly burdening the DOC and its personnel. This is especially true given the extensive and intensive nature of the training DOC personnel undergo to prepare for each execution.”

    If granted, the request would delay the executions for Richard Glossip, Jermaine Cannon, Anthony Sanchez, Phillip Hancock, James Ryder, Michael Smith, and Wade Lay.

    The executions would be pushed back by 60 days.

    Before filing the motion, Drummond says he visited with family members of the victims of the inmates to explain the reason for the request.

    “I do not take lightly this request,” Drummond said. “These families have waited many years to see justice done, and I am grateful for their understanding in this matter.

    https://kfor.com/news/oklahoma-ag-as...in-executions/
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  3. #13
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    Execution date rescheduled for November 30, 2023.

    https://documents.deathpenaltyinfo.o...2023-01-24.pdf

  4. #14
    Senior Member CnCP Legend Mike's Avatar
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    Strange death penalty case. Amazed this got as far as it as.

    Hancock goes over to Robert Jett's house to pick up his ex-girlfriend who was living on the couch. She isn't there when he arrives.

    He gets into a fight with Jett.

    He pulls his gun and shoots Lynch 3 times. One of which was a headshot at point blank.

    He then chases Jett, firing at him around the house before shooting him at outside the house at least twice at point blank range in the back. He shot Jett 4 times in total.

    He then exchanges words with the female witness Shawn Tarp then leaves.

    Hancock claimed self-defense because he claims Jett was reaching for a gun in Hancock's pants while attempting to place him in a human-sized cage. I can't find out exactly what he wants to DNA test. Or what the point of it would even be.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  5. #15
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Phillip Hancock filed a civil rights complaint in federal court, seeking DNA testing in his case.

    https://drive.google.com/file/d/1C7W...pfxzlnzFJ/view

  6. #16
    Senior Member CnCP Legend Mike's Avatar
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    MAN SENTENCED TO DEATH IN OKLAHOMA FILES FOR CLEMENCY

    By Haley Weger
    News 9

    Lawmakers are asking the courts to take another look at what they believe to be key evidence in the case of death row inmate Phillip Hancock. Hancock is scheduled to be executed next month for a 2001 double homicide.

    “The board should recommend clemency and Governor Stitt should commute Hancock's sentence,” said Rep. Kevin McDugle, (R) Broken Arrow. Phillip Hancock was sentenced to death row for the 2001 murders of Robert Jett and James Lynch. Hancock has always argued that he acted in self-defense. “The state should never have pursued the death penalty in this case, yet here we are with another case that's undeserving of someone that's getting ready to be put to death,” said Rep. McDugle.

    Hancock’s attorney, Shawn Nolan, presented new evidence during a press conference alongside lawmakers today. Nolan believes if this evidence had been presented to the jury, Hancock would not have received the death penalty. Hancock was allegedly lured to an Oklahoma City home in 2001, where Jett and Lynch were waiting for him. Nolan says that Hancock was unarmed, and was attacked at the home. “Jett was armed with a handgun and two knives and was high on methamphetamines. Jett attacked Hancock with a metal bar and ordered him to get in a locked cage,” said Rep. McDugle.

    Nolan says both Jett and James were part of a motorcycle gang, and were known to be violent. Nolan presented three new documents today, including a declaration from Hancock's girlfriend at the time of the murders, who admitted in the letter: she “impulsively asked Bob if could pay him a few hundred dollars to get Phil off my back.” The declaration goes forward to say she saw Phil the day after the murders, saying “Phil was badly beat up and he could hardly walk. Just breathing caused him a lot of pain. He had lumps and bruises and abrasions on his shins, his ribcage, and his head. He told me what happened at Bob's house, how Bob attacked him with a wrench and how Bob's friend held him down by his throat. Phil said Bob tried to put him in the cage, and that he knew if he let that happen, he'd never get out of here alive. He said he fought back and was able to get Bob's gun away from him. He told me that he shot them both.” She alleges that Phil was visibly upset at the time, and was in shock over what he had done.

    The new evidence also includes a declaration written by Hancock’s trial lawyer at the time, who said he was struggling with alcohol and drug addiction during the time of the trial. He said in the declaration, “I am embarrassed by the job I did on this case. I did not do all that I could and should have done. I believed we could easily show that Phil was justified in his fear-driven reaction to Jett’s sudden temper.”

    The third new piece of evidence is a hand-written letter from the foreman of the trial, saying “I have now learned about new information that came to light about this case…” going on to say “could it have changed my mind? I don't know.”

    Representatives McDugle and JJ Humphrey say Hancock isn't deserving of the state’s harshest punishment. “When I think about the death penalty I think about heinous heinous crimes that are premeditated. He was attacked, he was fighting for his life and he took the lives of others,” said Rep. Humphrey, (R ) Lane.

    In addition to clemency, Nolan is asking for the court to examine DNA that he claims was not presented in the trial. “If they test the DNA it would show that his blood while they were beating him with this metal pole his blood would be on their clothing and it would prove this struggle happened,” said Nolan.

    Attorney General Gentner Drummond sent a statement saying, "Two Oklahoma courts have carefully considered Phillip Dean Hancock's request for DNA testing and properly rejected that request. It is telling that Hancock made this request almost five years after exhausting all his appeals. No amount of DNA evidence can prove Hancock's indefensible claim of self-defense. At trial, Hancock's own expert contradicted the defendant’s version of events. Hancock pursued an unarmed and injured Robert Jett Jr. into the backyard of Mr. Jett's home. A witness heard Mr. Jett say, ‘I'm going to die!’ and Hancock responded, ‘Yes, you are!’ before Hancock shot him again. The evidence is clear that Hancock murdered Mr. Jett and James Lynch."

    Hancock has a clemency hearing set for November 8 and he is scheduled to be executed on November 30.

    https://www.news9.com/story/6531b4bc...s-for-clemency
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #17
    Senior Member CnCP Legend Mastro Titta's Avatar
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    Clemency recommended on a 3-2 vote by the Oklahoma Board of Pardons and Parole.

  8. #18
    Senior Member Member High Desert Bill's Avatar
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    The time to present this "new evidence" was 22 years ago .......................... Just saying.
    The inmate "could long ago have ended his anxieties and uncertainties by submitting to what the people have deemed him to deserve: execution."

  9. #19
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    He can’t claim self-defense when he shot the second victim multiple times in the back as he ran for his life.
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    Execution still planned for Thursday in Oklahoma City double-murder case

    The Oklahoma Department of Corrections was preparing Wednesday to carry out the state's 11th execution since lethal injections resumed two years ago.

    Phillip Dean Hancock was set to be executed Thursday morning for fatally shooting two men in Oklahoma City in 2001.

    The execution was set for 10 a.m. at the Oklahoma State Penitentiary in McAlester unless Gov. Kevin Stitt intervened.
    The governor could commute Hancock's sentence to life in prison without the possibility of parole. No decision had been announced as of 11:30 p.m. Wednesday.

    https://www.oklahoman.com/story/news...y/71746448007/
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