Birds Of A Feather

Terrill, Journal Record Picture

Birds of a feather, typically stay together, unless you're deep in the mire of Oklahoma Politics. 

I have to scratch my head however, at the preliminary hearing of Randy Terrill and Debbe Leftwich, both accused of  bribery in a situation that reminds me of the Keystone Cops.  Do you remember?  "They went thataway!" 

Politicians get jobs in government all the time; it is the rule, not the exception.  I don't like it anymore than anybody else, but remember, it's politics were talking about.  But in this particular case, a deal was allegedly struck to secure a tax-paying government job for yet another politician; and the governor veto's the deal.  For Pete's sake, why in the world can't the district attorney go after a successful bribe, and not one that failed!

 I have rarely, if ever, agreed, with Randy Terrell, but in this case, I can't help but argue against what is going on in Oklahoma County. We are wasting taxpayer money on a witch hunt, which in the end everyone will lose, especially the People of Oklahoma.  It's rather obvious that there's no love loss between David Prater and Randy Terrell, but to resort to using your and my money to "even the score" is reprehensible. 

This case reminds me of an Oklahoma court opinion from 1911, I read sometime back,
"Rev. Cotton Mather, one of the best and ablest men that America ever produced and his associates, doubtless felt that they were entirely impartial and that they were simply performing an unpleasant Christian duty when they were having women burned as witches."

It would be simpler, (and cheaper), if the district attorney would simply add a torture chamber at a local bar to illicit confessions, and not just money.

Mickey

Un-American Name-Calling

 Campaigns bring with them an expectation of bravado, but there is a line that no one running for public office should ever cross. In some cases, we have even seen someone's faith called into question. Absolutely deplorable.

And now, we're seeing some name-calling in the GOP presidential race, seeing Texas Governor Rick Perry calling those who disagree with his policy on in-state tuition rates for the children of illegal immigrants "un-American." Perry should know better, but apparently, he doesn't.

Free speech is one of our Constitutionally-protected rights in this country, but the American voters deserve better than candidates who choose to call into question someone's patriotism because of disagreement on policy. We have seen it previously when the Iraq war began, with both sides of the argument questioning the opposition's patriotism. It's ridiculous and American citizens should be outraged.

Perry appears to be the current front-runner for the GOP nomination and as a voter, it alarms me that someone who wants to occupy the most prestigious and demanding office in the world can't control his tongue and resorts to what I consider to be school yard tactics such as name-calling.

What's next? Rick Perry tugging on Michelle Bachmann's pony-tail in the school yard?

We deserve better, friends.

Mickey

Former OHP Officer Charged

Logan County District Attorney Tom Lee has done the right thing and is to be lauded for his work.  He has charged Patrick Venable with second-degree rape after taking a woman into custody, then taking her to a private residence to have sex with her.

Patrick Venable is a former Oklahoma Highway Patrolman who resigned after the misconduct allegations arose.

The story is horrific.  Venable was on duty and took a female driver into custody for DUI on the Broadway Extension.  He then took her to a residence out in Guthrie to have relations with her. 

The temptation for District Attorneys to overlook the misdeeds of those wearing a badge looms terribly large.  Particularly since Oklahoma elects its District Attorneys and one of the coveted endorsements is that from the Fraternal Order of Police.  District Attorney Tom Lee of Logan County did the right thing in charging the former officer.

Citizens place their trust in law enforcement and when law enforcement goes astray, prosecutors should hold them accountable, even holding them to a higher standard of conduct.  After all, we trust them to keep us safe - not abuse us.

Mickey

Grey Elephant In the Room

Everyone who is anyone has been following the Jerome Ersland trial and soon, sentencing will take place.  The Oklahoman has done its level best to ensure that its readers are aware of their opinion of both the District Attorney as well as Mr. Ersland himself and they have even taken a few shots at the Judge in the case - as well as fired a few shots across his bow regarding sentencing.

People are so outraged about this case that they are taking a signed petition to Govenor Fallin's office to get her to pardon Mr. Ersland. 

But there is a rather large elephant in the room that to date, no one is willing to discuss, and that's, Irven Box and the defense team.  It seems Mr. Box and his team have been given a "pass" in this case and it boggles my mind as to why.  Perhaps it is because Box is close to retirement or perhaps it is because it is politically correct to continue to sling mud against the jury, the D.A., and Judge Ray Elliott, rather than address the fact that the defense in this case is largely responsible for the verdict.

During closing arguments, defense counsel argued to the jury that they should not even consider, the lesser included offense of manslaughter - to me, that makes no sense whatsoever.  Clearly, Ersland was in the wrong and guilty of something, and the jury should have been encouraged to consider all options at its disposal.  When defense counsel paints a picture that one option on the table shouldn't even be considered, there's trouble...and trouble is what Ersland got.

I have to scratch my head at the defense only calling one witness in a First Degree Murder Case. I've tried murder cases in the past, and you don't just call one witness. Period.  I'm not sure of the strategy involved with that, but as you can see, it didn't work. 

To me, the Ersland case is the antithesis of the currently famous Casey Anthony Case in Florida.  Consider: a woman who most thought was gulity of First Degree Murder, was acquitted after a vigorous defense; and then there's the Esrland case, a man, who most thought was not gulity of First Degree Murder, but was convicted after a less than steller defense.  For Jerome Ersland blame should be spread evenly, and not just concentrated on the judge, jury and D.A.

Now, the fate of Ersland lays in the hands of Judge Ray Elliott, who has been under massive media pressure to give Ersland the most lenient sentencing possible.  It also lies in the hands of Governor Fallin who will probably do nothing - there is no political motivation for her to do so.  On one hand, the Governor has high approval ratings and doesn't have to face re-election for a few years.  If she passes, it can be chalked up to "letting the justice system work," but if she acts, she will face the cheers of those who believe the trial was a sham from the beginning.

The media must now turn its spotlight on Ersland's attorneys and ask the hard questions.  If they refuse, you can count on this blog to shed some light on this otherwise dark case in Oklahoma judicial history.

Mickey

Independence Day

Our founders knew what they were doing and looking around these days, one has to wonder where the Jefferson's or Adams' are hiding. We are still, however, the greatest nation on earth and we have more freedom than any other nation. And we have men and women in uniform standing a post to ensure we maintain our freedom.

There are so many things that go through our minds during the Independence Day weekend that include family, friends, a trip to the lake, fireworks and various forms of entertainment. But it isn't very often that we take a deep breath and remember why we are celebrating to begin with.

Our founding fathers wanted to have a nation where every single American citizen had access to the courts for the redress of wrongs. The legal system is one where every citizen is considered "equal" and has the right to go to court and make things right. The legal profession has taken a tough hit over the years, but the founding fathers' vision for the future of this country still rings true. I am proud to be an attorney and I am proud that we live in a country where I can represent clients who live in mansions as well as those who live with meager means. It's one of the things that make this country the bastion of freedom it is in the eyes of other nations - everyone can stand before the bench and be treated equally.

It's what our founding fathers wanted, and it's one thing that I am thankful for this Independence Day weekend.

Mickey.

YMCA Center at Will Rogers a Good Idea

We far too often hear about “support for the troops” during election cycles, but supporting our military is critical to our nation’s future. The YMCA “Military Welcome Center” is a breath of fresh air and a way for Oklahoma City to say “thank you” to the men and women of our military who travel through our great city.

The Oklahoman has a great article about how the Welcome Center is working at Will Rogers Airport and I, for one, am very happy that it exists. Our fighting men and women spend time with their boots on the ground protecting our freedoms and unfortunately, they often travel through airports with little or no resources to accommodate them and keep their minds at ease. For active duty military, spending time in an airport as they have left their loved ones behind to prepare for battle is stressful and the work the YMCA and other organizations have done to support them is one way to say thank you.

Take the Mickey Homsey challenge: Next time you’re eating in a restaurant and you see a military man or woman with his/her family, call the wait staff over and secretly pay their tab. Don’t let the wait staff tell them who did it, just let them know they are appreciated.

Over the last 35 years in the legal profession, I have been honored to represent some of America's finest servicemen and women.

Mickey

An Animal's Run-In With the OKCPD

Heard an interesting yet disturbing story on the Sports Animal while coming to work this morning.  Curtis Fitzpatrick, one of the radio hosts, was relaying a story about his battle against the law; more specifically, his legal battle after receiving a ticket from Oklahoma City Police while driving along Hefner Parkway.  As Mr. Fitzpatrick tells his tale, he was pulled over for a traffic offense, with the officer, let's say, less than pleasant. Since the incident occurred March 29, the last part of the month, the story sidetracked into whether quotas for tickets exist with police. 

After a brief discussion, the story continued with Mr. Fitzpatrick telling us about the stories he has heard about going to trial and if the officer doesn't show up the ticket gets dismissed.  Then he relates that he paid his bond money and set his case for trial.  The trial was apparently yesterday.  After arriving at the Municipal Court, and waiting for awhile, the officer appeared, and had a pleasant exchange with the judge, i.e. “Hello, how are you and the family, etc.?” 

Mr. Fitzpartick then states he knew at that point he had no chance in court, not just because the officer showed up, but because of the exchange between him and the judge.   Getting angry because he did nothing wrong and did not violate any laws to deserve a ticket, he decided to go ahead and go to trial.  As the story is related, the officer couldn't remember the incident, and testified incorrectly on numerous occasions. But with help from the city attorney, got enough of a story to the court to justify the ticket.  Mr. Fitzpatrick denied the accusations, and apparently told the court just how inaccurate the officer's rendition of the facts were and how the officer acted that day.  But after a valiant battle fought, in the end, the law won; Mr. Fitzpatrick was found guilty and fined. 

I don't tell this story because I listen to the Sports Animal.  I don't tell this story because the person telling it is a radio host here in Oklahoma City.  This story is not about police officers and judges exchanging pleasantries; heck, I know the judges too, and I also exchange pleasantries with the court.  The problem is in thirty-five (35) years of practicing law in this town, I have heard this same scenario play out thousands of times.  The problem is that the public has lost confidence that justice is done in municipal court.  That a fair trial is something that is spoken of, but openly swept under the rug.  The police are believed in every word they say, no matter how off base; the citizen, automatically not to be believed. 

Police are just witnesses in a courtroom, no more, no less.  They have no more credibility than the citizen.  And hence the problem, the appearance that Lady Liberty is winking at the police, in this unspoken agreement that if a police officer says something it must be true and the citizen is lying if not in agreement.   Fairness has a substantial place in a courtroom, but its rather obvious that the people don't believe that.  In closing, this reminds me of a retired Oklahoma County District Judge, who would start a case by asking if the defense was ready, and then looking at the prosecution would ask, "are we ready?"  

Mickey

Anti-Groping Bill In Texas Needed, But Sad

Texas Governor Rick Perry

Did our Founding Fathers ever imagine a time when citizens of this nation would be fondled, groped and probed just to travel?  I would think not, but we live in remarkably different times.  It's a little nutty that a state would have to have an "anti-groping" bill in their special session, but that's exactly what Texas Governor Rick Perry has done.

This will certainly cause a rift between the feds and the state of Texas, for if this bill is passed, it would make it illegal for TSA agents to engage in "intrusive touching" at airport security checkpoints.  You can make the decision for yourself as to whether or not Governor Perry is simply laying the groundwork for his bid for President in a couple years, but in my opinion, I believe that the bill is a good bill.

It pits the federal government, however, against the state of Texas because airport security is, in fact, a federal matter.

But it's sad that we've come to this.  We're still the greatest nation on the planet, but it makes me a little angry that we even have to have such legislation.

Mickey

http://blog.chron.com/texaspolitics/2011/06/perry-adds-anti-tsa-bill-to-special-session/

Father's Day

Here's to wishing you and yours a wonderful and blessed Father's Day.

KTOK Interview

   Attorney Mickey Homsey didn't defend Jerome Ersland in his murder trial in Oklahoma county but he is of the opinion that the Oklahoma City pharmacist should never have been charged with 1st degree murder in the shooting death of a 16-year old boy who tried to rob Ersland's pharmacy.
    "I was in awe," said Homsey about the guilty verdict and life sentence handed down last week by an Oklahoma County jury.  He couldn't believe what happened to Ersland. 

Read more: http://www.ktok.com/cc-common/news/sections/newsarticle.html?feed=119211&article=8659886#ixzz1OEWOgF1p

Surprise Ending to Ersland Case

Most people in my sphere of influence were shocked to hear that the jury in the Ersland case found him guilty - not of manslaughter, but rather of 1st Degree Murder. Sentencing is forthcoming, but Jerome Ersland could spend the rest of his life in prison and that is what is so surprising.

On one hand, the state of Oklahoma has passed legislation supporting the right to keep and bear arms and Oklahoma even has a member of the Congressional Delegation who serves on the the Board of the National Rifle Association. But a jury of 8 women and 4 men found a man guilty of 1st Degree Murder for defending his business, his employees' lives and his own life from men trying to rob them at gunpoint.

Friends, this is alarming on many levels. We have had the case where Demetrius Johnson dies mysteriously while in police custody and it is largely overlooked by the media and now, we're seeing a man who should have been tried for manslaughter being convicted of 1st Degree Murder.

Ersland will, of course, appeal the verdict and it will cost him everything he owns. Appeals in these types of cases are very expensive and are often very difficult to win.

This case has many within the gun-rights community very anxious and those on the conservative side of things are reaching out to Governor Fallin to pardon Jerome Ersland. It's not likely that she will grant a pardon, but it will be very interesting to see what her response will be.

Now, more than ever, it is critical that we pay close attention to what is being reported and what is left under-reported. It is also important to pay very close attention to whom we elect. Platitudes are no longer acceptable when our freedoms are at stake.


Mickey

Inconsistencies

Throughout my life I have often thought about the inconsistencies I see; how common sense, seems to be a blade of grass, thirsting for water, brown in the mid-day August sun.  This is how I see the Jerome Ersland trial, as a bunch of inconsistencies. 

I read this morning that Antwan Parker's mother is suing Jerome Ersland for the wrongful death of her son.  I understand the love for ones children; I have three children and two grandchildren myself, but I have to ask; Where was Ms. Parker while her son was robbing at gun point Ersland's pharmacy?  And besides, just how much is she expecting to get if Ersland is in prison? 

Then there's the Ersland trial itself.  A creature of media and money (taxpayer money that is).  The DA says that Ersland went too far.  That while defending himself, his employees and his pharamacy, he shouldn't have shot Antwan Parker those extra times.  Well, I could understand this reasoning if the DA was also prosecuting the police officers involved in the Demetrius Johnson death, with first degree murder.  You see, if Ersland went too far, then obviously the police did too with Demetrius Johnson; and if one is being prosecuted for first degree murder, then all should be.  Since the DA obviously believes the police didn't go too far with Demetrius Johnson, then Ersland should not be tried for first degree murder.  This whole situation makes no sense otherwise.  And since it's taxpayer money, I would feel much better if wasn't being spent only on Ersland, because if we're going to spend it, then keep it consistent, or don't spend it at all.

Elliott Attention, Bass-LeSure Secrecy

If you ask the average citizen in Central Oklahoma who has been following the news at the courthouse, there is a good chance that they believe Judge Tammy Bass-LeSure to be at home, awaiting trial.  But that isn't the case at all.  She is still seated on the bench, making decisions after being charged with fraud and the Supreme Court has not suspended her, awaiting the outcome of her criminal case.  Conventional wisdom would dictate that a judge making decisions from the bench would necessarily have difficulty focusing on the cases before her and should thereby be suspended until the outcome has been reached.

It is hard to believe, but it's true and the media hasn't covered it adequately, in my opinion.

Conversely, Judge Ray Elliott has been under fire of the media for comments made resulting in the Oklahoma Court of Criminal Appeals granting an appeal in a murder case.  If I didn't know better, it would appear as though the media has been working overtime to ensure the judge handling the Ersland case (which I will further discuss tomorrow in this blog) stays "in line."

The inconsistencies in the media coverage coupled with the fact that the Oklahoma County courthouse is receiving national coverage should make every citizen in Central Oklahoma extremely nervous. 

In addition, we have a judge on the bench who has been very ill over the last six months whose staff is being fully paid, yet taxpayers are not getting what they are paying for right now. 

Tomorrow:  The real costs of the Ersland case.

Osama Bin Laden Unarmed? Does It Matter?

When the news broke on Sunday evening that Osama Bin Laden had been eliminated by American Navy SEALs, Americans rightfully breathed a collective sigh of relief.  Regardless of political affiliation, regardless of location, we all enjoyed that moment.  But true to form, the media just couldn’t leave well enough alone and now, cable news networks are concerned that perhaps Osama Bin Laden wasn’t armed at the time of his defeat.

I would argue that it doesn’t matter one bit.  Osama Bin Laden was a terrorist and arguably one of the worst this world has ever known.  He has thousands of deaths attributed to him and were he to have been left alive, thousands more would have died.  Media outlets are concerned about the “rule of law.”  Well, I would submit to you that Osama Bin Laden was a law unto himself, a man who felt that the only “law” he believed in was that which he created for himself and tried to force on the rest of the world.

TIME Magazine has a blog entitled “If bin Laden Was Unarmed, Why Was He Shot?”  Perhaps the author has forgotten the great many lives of Americans, Europeans, Afghanis and Pakistanis who were slaughtered at the command of Osama Bin Laden.  Perhaps the author has forgotten that al-Qaeda is the most dangerous terrorist organization in the world and Osama Bin Laden was their leader. 

In any event, Americans who still have the images fresh in their minds of the terrorist attacks brought about by the now dead terrorist and join me in saying that armed or unarmed, the world is a safer place without Bin Laden in it.


Mickey

Questions About Demetrius Johnson

After reading about Demetrius Johnson in the paper, it makes me wonder how much of the story is missing, because to our knowledge, it wasn't videotaped.  Demetrius Johnson is made out as the kid with a long rap sheet that deserved to go to prison.  That may be true, or not, but we will never know, after dying in the hands of the police.  Unfortunately, the truth about Demetrius Johnson's death, likely died with him.  What little we do know, is that getting pulled over by police for a traffic offense, can be potentially deadly nowadays.

I don't condone what Demetrius Johnson did by running from and fighting with police; that is not the point to this little commentary.  The point is, it seems to me that we have police who taser a person multiple times for a traffic offense, the person dies, and the police get paid leave until it is determined to be a justified killing.  At the same time, we have Jerome Ersland, a private citizen, standing trial for murder while protecting his business, and his employees, from an armed robber.  This is exactly backwards.   It's the police who have a higher degree of care to the people, who should be more careful protecting the public, not tasering someone for a traffic offense.

If Jerome Ersland went too far, then there is no doubt that the police went too far also.  There is no difference between the two situations.  If one is murder, the other is too.  I have been practicing law for 35 years - Ersland probably should have been charged, but not for 1st degree murder.

Mickey

A Little About Mickey

Being new to the blogosphere, the logical place to begin is to introduce myself.  I was born in Oklahoma City, Oklahoma, graduated from Northwest Classen High School and received my Bachelor of Science Degree in Business Administration from Oklahoma State University.  I went on to the Oklahoma City University School of Law where I received my Juris Doctorate.

I married my wonderful wife, Syndney, in 1974.  We have three children:  Daughter, Valerie Homsey Salem who is married to Father John Salem.  My son, Sam, is married to Dini.  My youngest is my daughter Meagan.  My wife and I have been blessed with a grandson, Michael, and a granddaughter, Christina and there is another grandchild on the way.

I began practicing law as an Assistant District Attorney in Oklahoma County and have served as a Municipal Judge in both Harrah and Choctaw, Oklahoma.

Since beginning my private practice in 1979, my areas of law have included criminal, domestic, personal injury and civil litigation, predominantly in the Oklahoma City area, but have practiced throughout the great state of Oklahoma.

I am a long standing member of the Oklahoma County Bar, the Oklahoma Bar Association, Western District of Oklahoma and a member of the United States Supreme Court.

I have been a life-long member of St. Elijah Antiochian Orthodox Church where I have served on the Board for over 20 years, serving as its Chairman along with many other committee assignments.  St. Elijah's is an incredible worship experience and one of the most enriching aspects of my life.

I was appointed to the Oklahoma City Board of Adjustments in 1990, by then Mayor Ron Norick and served on that Board for 11 years, Chairman for 5 years.

Oklahoma City University School of Law has been a blessing to me and I have been actively involved in that University, serving as National Chairman for the Circle of Pride fund raising campaign.  I have also been honored to serve as a member of the Executive Advisory Council to the Dean of the Law School.

I have also served on the IOCC Board since 2003, and was made Chairman of the Board for 2011-2012..

Thank you for checking out my blog - you may not agree with me all the time, but at least you know you'll get honesty.

Mickey

First Post

This is to establish my new blog.