Some Previous Criminal Cases Handled by Tulsa Criminal Attorney Kevin Adams*
October 2015 Oklahoma Court of Criminal Appeals
In this case Al Gerhart, founder of the Sooner Tea Party, was wrongfully charged, prosecuted and convicted of Blackmail and violation of the Oklahoma Computer Crimes act after he sent an email to a State Senator threatening to make him a "laughing stock" if he did not allow a vote on a piece of legislation. In a political prosecution, designed to silence a political activist, Mr. Gerhart was prosecuted in Oklahoma County. Mr. Gerhart stood up tp those who were trying to bully him and turned down very favorable plea offers and exercised his right to trial. Mr. Gerhart was convicted at trial, but only fined by the jury. (This is very unusual.)
Mr. Adams, who represented Mr. Gerhart at trial and on appeal pro bono, appealed the conviction arguing Mr. Gerhart was exercising his right to free speech and could not be convicted for sending the email because the speech was constitutionally protected. The Oklahoma Court of Criminal Appeals agreed and reversed the conviction with instructions to dismiss.
Read the published opinion from the Oklahoma Court of Criminal Appeals reversing Al Gerhart's conviction. (2015 OK CR 12)
May 2015 Osage County District Court (Pawhuska)
In this case CF-2015-034B, Mr. Adams defended a young man charged with trafficking in methamphetamines. Mr. Adams' client was arrested after a traffic stop. Mr. Adams won the dismissal of the case at the preliminary hearing of the case.
May 2013 Washington County District Court (Bartlesville)
In this case CF-2011-389, Mr. Adams defended a 64 year old man that was falsely accused of Lewd Molestation. This was a tough case because there were two complaining witnesses and DNA results that the client could not be excluded from. Mr. Adams never doubted his client's innocence and during the trial he skillfully cross-examined the state's two complaining witnesses and the state's two DNA experts. After a 3 day jury trial and 5 hours of deliberations his client was found not guilty on all counts. Mr. Adams defeated the state's DNA evidence without calling a DNA expert of his own. Mr. Adams got all the evidence he needed from the state's experts.
January 2012 City of Tulsa Municipal Court
In this case Mr. Adams represented a 50 year old grandmother that was wrongfully accused of shop lifting by an overzealous loss prevention officer at a local retail store. The city of prosecutor refused to listen to reason and common sense ignoring obvious problems with the accusations against Mr. Adams’s client. After a two day jury trial this innocent grandmother was found not guilty after only 45 minute deliberation by the jury. Mr. Adams is now representing this grandmother in her suit against the retail store.
December 2011 Tulsa County District Court
In this case Mr. Adams represented a young man who was falsely accused of sexually abusing a family member. After numerous conversations with the prosecutor on the case and presenting the prosecutor with new evidence the case was dismissed.
November 2010 Tulsa County District Court
In State v. Jordan, CF-2007-3829, Mr. Adams represented a client a client who had been convicted of Drug Trafficking and given a sentence of 25 years in prison. Mr. Adams’s client always maintained his innocence and his conviction was obtained at a jury trial in which Tulsa Police Officer Jeff Henderson had testified. After Mr. Jordan;s trial Jeff Henderson was indicted by a federal grand jury. Henderson currently faces dozens of counts involving accusations of civil rights violations, drug trafficking and conspiracy. Mr. Adams believed that Mr. Jordan was innocent and agreed to take on Mr. Jordan;s case on a pro bono basis. After months of representing Mr. Jordan in this matter Mr. Adams won an Application for Post Conviction Relief and Mr. Jordan’s conviction was overturned. Mr. Jordan was freed from prison on November 10, 2010 and returned to his family. (Read the Judge’s Order Granting the Application for Post Conviction Relief. Read Mr. Adams’s Motion for leave to Amend Application for Post Conviction Relief)
September 2010 Northern District of Oklahoma
In USA v. Melvin Bailey, Jr. 08-CR-26-WFD, Mr. Adams represented Melvin Bailey, Jr. who had been convicted of possession with intent to distribute of a controlled dangerous substance. Mr. Bailey had been convicted at trial and been given a 30 year prison sentence. Mr. Adams did not represent Mr. Bailey at trial; Mr. Adams was hired to represent Mr. Bailey on the Appeal of his federal conviction. After 18 months of representing Mr. Bailey, Mr. Adams won a reversal of Mr. Bailey’s conviction. After Mr. Bailey’s conviction was reversed Mr. Bailey entered a plea to a lessor charge and was sentenced to 4 years in prison. Mr. Bailey was released from federal prison on May 10, 2011. (Read the Appeal filed on Mr. Bailey’s behalf)
November 2009 Tulsa County District Court
In this case Mr. Adams represented a local coach that had been wrongfully accused of inappropriately touching a girl that he coached. What was tragic about this case that the coach has spent years of his life helping young women get scholarships to college and because of the false accusation the coach was facing up to 20 years in prison. The community support for this coach was overwhelming and the state knew that it was in for a long and drawn out fight. The state blinked and offered the coach a deal that was too good to turn down. A two year deferred sentence on the misdemeanor charge of Outraging Public Decency. The basis of the misdemeanor charge was that the coach made an inappropriate comment to the girl. The felony charge concerning the inappropriate touching was dismissed. After two years the coach's record will be whipped clean and he can now pick up the pieces of his life and move on.
October 2009 Tulsa County District Court
In this case Mr. Adams represented a defendant, G.B., on a one year judicial review of a sentence that he received after a jury trial. Mr. Adams did not represent G.B. at trial. G.B. had been given a sentence of 23 years in prison at trial. At the judicial review Mr. Adams was able to convince the trial judge to modify G.B.'s sentence to 14 years in prison and 9 years probation. It is highly unusual to convince a judge to modify a sentence received after a jury trial.
September of 2009 Tulsa County District Court
In this case Mr. Adams represented Jonathan Curry who was accused of First Degree Murder. If convicted Mr. Curry would have received a minimum of a life sentence, which in Oklahoma means 38 calendar years before becoming eligible for parole. On the day of trial the prosecution offered Mr. Curry a deal of a no contest plea to the non-85% crime of accessory after the fact and a term of 15 years. Mr. Curry should be home within 5 to 6 years instead of a minimum of 38 years. There is always a risk in proceeding to jury trial and sometimes accepting a favorable plea is the right thing to do; but the best plea deals often come when a lawyer is ready, willing and able to put the state to the test. (Read the Tulsa World Article; From the Tulsa World not an Endorsement)
August 2009 Tulsa County District Court
In this case Mr. Adams represented a client falsely accused of Second Degree Rape. After a preliminary hearing and hard fought negotiations the case was resolved with a no contest plea to a misdemeanor. Mr. Adams client did not have to register as a sex offender or perform any work hours. After the deferred sentence is complete the client can have the charge expunged from their record. Sometimes cases are resolved not because of guilt or innocence but because a calculation of risk. With a plea to a deferred misdemeanor count this offer was too good to turn down.
January 2009 Northern District of Oklahoma
In this case Kevin Adams and co-counsel Paul Brunton represented Mikel Ferrying who was charged in Federal Court with Possession with Intent to Distribute 50 or more Grams of Crack Cocaine and Possession of a Firearm in Furtherance of a Drug Trafficking Offense. Mr. Ferrying was driving his vehicle when he was stopped by Tulsa Police Officers and the drugs and the firearm were discovered under the driver's seat. At the trial the defense argued that Mr. Ferrying did not know about the drugs or the firearm being in the car and that they were left in his car by a friend. Acquittals are a rare occurrence in Federal Court, but it only took the jury 35 minutes to return a verdict of Not Guilty on both counts of the indictment. If Mr. Ferrying would have been convicted he would have faced a mandatory minimum sentence of 15 years in federal prison. The best line in the trial was said by Paul Brunton "They are saying he is a drug dealer and we're saying he is a cowboy." (See the Ferrying Not Guilty Verdict)
June 2008 Northern District of Oklahoma
In this case Mr. Adams represented a defendant charged in Federal Court with Misapplication of Financial Institution Funds. The defendant pled guilty to misapplying over $56,000 of funds from two separate financial institutions. Mr. Adams motion for a downward departure was granted and the defendant only served 4 months in Federal prison followed by home detention and a period of supervised release.
March 2008 Oklahoma Court of Criminal Appeals
In this case in Tulsa District Court Mr. Adams represented a client who was accused of using a video camera to secretly video tape "up the skirt" of a 16 year old woman. In this case Mr. Adams filed a Motion to Dismiss and successfully argued, that to secretly video tape "up the skirt" of an unsuspecting woman, did not violate Oklahoma Law. The case was dismissed and the state appealed the ruling to the Oklahoma Court of Criminal Appeals; the ruling was affirmed. This case drew national attention and was featured in newspapers across the country and on the Fox News Channel. As a result of this case the legislature is changing the statute. (Read the motion that won this case) (Read the Court Opinion) (Read the article on the Fox News Channel)
January 2008 Tulsa County District Court
In this case in Tulsa County District Court, State of Oklahoma v. R.H. Mr. Adams obtained the reversal of a conviction by filing a Motion to Arrest the Judgment in a case where his client, while being represented by another attorney, had been convicted by a jury and received a 24 year sentence. Kevin Adams was able to get the conviction overturned without even having to appeal the case to the Oklahoma court of Criminal Appeals. After much legal maneuvering and filing several motions Mr. Adams was able to negotiate a settlement of the case for a No Contest Plea and a 6 year sentence, on a crime that did not require his client to serve the dreaded 85% of his time. Mr. Adams saved R.H. from spending approximately 12 years in prison. R.H. is out of prison and back with his family.
January 2008 Tulsa County District Court
In this case in Tulsa County District Court, State of Oklahoma v. R.O. Mr. Adams obtained the reduction of felony shop lifting charges to misdemeanor charges after a preliminary hearing. Instead of facing a felony count that could have sent his client to the state penitentiary. This case was resolved for a deferred misdemeanor plea and the case has since been expunged from the client's record.
November 2007 Eastern District of Oklahoma
United States of America v. Shannon Fry, 07-CR-47-RAW, In this case Mr. Adams represented Shannon Fry who was charged with conspiring to distribute over 200 pounds of methamphetamine worth an estimated 2 million dollars in Federal Court in Muskogee, Oklahoma. Because of the quantities involved and Mr. Fry's prior record Mr. Fry was facing a sentence of 30 years to life in prison. Mr. Adams was able to resolve the case with a plea to charges of Money Laundering and Interstate Travel in Aid of Racketeering. Mr. Fry was sentenced to 15 years in prison.
August 2007 Eastern District of Oklahoma
United States of America v. Tylor Hix, 07-CR-025-RAW. In this case Kevin Adams and Gary Richardson represented Mr. Hix who was facing charges of Conspiracy to Commit Bank Robbery and Possession of a Machine Gun in Furtherance of a Federal Crime of Violence. The Possession of a Machine Gun in Furtherance of a Federal Crime of Violence charged alone carried a mandatory minimum sentence of 30 years in prison. (By law this sentence would of been served consecutive to the Conspiracy to Commit Bank Robbery charge.) On the eve of trial Mr. Adams and Mr. Richardson were able to resolve Tylor Hix's case for a plea on simple possession of an automatic weapon charge. Mr. His was sentenced to only 48 months in prison. Mr. Adams and Mr. Richardson saved Mr. Hix from serving approximately 30 years in Federal prison.
March 2007 Tulsa County District Court
In this case in Tulsa County District Court, State of Oklahoma v. Robert Singleton, CF-2006-5690. Mr. Adams represented a client who was charged with felony delivery of marijuana. After a conducting a preliminary hearing and filing a motion to quash Mr. Adams won a dismal of the delivery of marijuana charge by convincing a Tulsa County Judge that the state had failed to introduce enough evidence that his client had delivered marijuana.
June 2006 Tulsa County District Court-Death Penalty Case Resolved
State v. Jordan; CF-2004-2805. Alvin Jordan was charged with First-Degree Murder, Robbery, and 2 counts of Shooting with Intent to Kill for the robbery of First Fidelity Bank the murder of a bank teller and the shooting of the bank president and a customer inside the bank. The state filed a Bill of Particulars seeking the Death Penalty against Mr. Jordan. Mr. Adams raised mental retardation as a defense to the Death Penalty in accordance with the U.S. Supreme Court's decision in Atkins v. Virginia , 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) and the Oklahoma Court of Criminal Appeals opinion in Blonner v. State, 2006 OK CR 1, 127 P.3d 1135, 01/05/2006. Through negotiations with the Tulsa County District Attorney’s office, Mr. Adams was able to save Mr. Jordan's life by resolving the case with a non-death plea.
November 2005 Tulsa County District Court
Jury verdict of Not Guilty on the Charge of First Degree Murder in the case of State of Oklahoma v. Ernest Zollicoffer, CF-2004-2968. Ernest was instead convicted of 2nd Degree Murder and given 25 years. Ernest will be released after approximately 20 years in prison. Ernest was charged with strangling his former girlfriend . There was no doubt that Ernest was responsible for his former girlfriend's death, he testified that he strangled her. The issue was one of intent. This is a good result, a conviction on First Degree Murder would have meant a minimum of a life sentence, or 38 calendar years and 3 months before becoming eligible for parole. Mr. Zollicoffer was satisfied with the result and chose not to appeal his conviction to the Oklahoma Court of Criminal Appeals.
September 2005 Tulsa County District Court
A non-death jury verdict. State of Oklahoma v. Christopher Lay, CF-2004-2320. Christopher Lay and his father, Wade Lay, were tried for the May 24, 2004 bank robbery of Mid First Bank located in Tulsa. During the robbery the security guard was shot and killed. There was no doubt as to Christopher and his father's guilty. Christopher testified during the trial that he attempted to rob the bank in order to obtain funding so that he could buy better weapons and kill those that he and his father felt were responsible for Waco and Ruby Ridge. A list created by Christopher and his father that included United States Senators and Congressmen along with numerous law enforcement officers from the ATF and FBI. This list was seized by law enforcement officials and introduced during the trial. The objective of this trial was to save Christopher's life. After an eight day jury trial Mr. Adams and his co-counsel, Rob Nigh, were able to save Chris's life. Wade received the death penalty. Mr. Adams did not represent Wade Lay.
November 2004 Tulsa County District Court
Jury verdict of Not Guilty on the charge of First Degree Murder and Second Degree Murder. State of Oklahoma v. Anthony Eric Kirby. CF-2003-5246. The state had 5 eyewitnesses. The only witness the defense had was Anthony himself. However, through the use of physical evidence, effective cross examination and logic Mr. Adams was able to prove that the state's witnesses were either mistaken or lying. After a six day trial the jury deliberated for an hour and a half before finding Anthony not guilty. This was a one of Mr. Adams most difficult cases.
October 2003 Tulsa County District Court
First-Degree Murder Case Dismissed on Defense's Motion
State v. Mason; CF-2003-1612. District Judge Jesse Harris ordered the first-degree murder charges against Ronald Mason, Jr. dismissed after he agreed with the defense that there was insufficient evidence to order the case to trail. (Read the Tulsa World Article)
October 2003 Tulsa County District Court
Shooting Case Dismissed by State One week prior to Trial
State v. Henry; CF-2003-2669. A week before the District Attorney's office was going to be required to proceed to trial against a man they had charged and held for a 4 month period the district attorney's office voluntarily dismissed the charges. This was the second case I had handled for Mr. Henry in the year 2003. In February of 2003 he was acquitted of First-Degree Murder in case CF-2002-151 (Read the Tulsa World Article)
October 2003 Tulsa County District Court
Armed Robbery Case Dismissed on Defense's Motion
State v. Gibson; CF-2002-5476. District Judge Rebecca Nightingale ordered the Armed Robbery charges against Runninbear Gibson dismissed after she agreed with the defense that there was insufficient evidence to order the case to trail.
August 2003 Northern District of Oklahoma
Jury Verdict of Acquittal on the sole count of conspiracy. United States of America v. Jimmy Eugene Ritz, 02-Cr-120. This trial lasted three weeks. There were 10 defendants indicted all either plead guilty or were found guilty at trial except Mr. Adams client Jimmy Eugene Ritz. An acquittal in a Federal Drug Conspiracy case is a rare. This was a big win. People in the legal community, including the trial judge, still talk about Mr. Adams colorful closing argument in defense of Mr. Ritz. Not only did Mr. Adams win his first Federal Acquittal the verdict was returned on his 30th birthday. (Read the Tulsa World Article) (See the Verdict Form)
April 2003 Mayes County District Court
Jury Verdict of Acquittal on the charge of First Degree Murder. State of Oklahoma v. John Edward Schoonover, CF-99-271A. Mr. Schoonover was previously convicted of First Degree Murder which was overturned on appeal. Kevin Adams represented Mr. Schoonover at the retrial and he was acquitted of First Degree Murder. However, Mr. Schoonover was convicted of accessory after the fact of a felony and given a seven year sentence. Mr. Adams represented Mr. Schoonover on appeal and that conviction was also overturned by the Oklahoma Court of Criminal Appeals. (Read the Opinion)The state of Oklahoma dismissed the case against Mr. Schoonover and did not attempt to retry him for a third time.
February 2003 Tulsa County District Court
Jury Verdict of Acquittal on the sole charge of First Degree Murder. State of Oklahoma v. Ahmod Rashaud Henry, CF-2002-151. The state had 2 eyewitnesses that testified that Mr. Henry was the killer. However, through effective cross examination Mr. Adams showed their testimony to be untruthful. The jury deliberated approximately 1 hour after a week long trial before returning a verdict of not guilty. The trial had to be stopped on the afternoon of the third day so that Mr. Adams could be present with his wife during the birth of their daughter. (Read the Tulsa World Article)
December 2002 Tulsa County District Court
Jury Verdict of Acquittal on the charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Frederick English, CF-2002-2108. Mr. English was charged with two counts of Sexually Abusing a Minor Child, the Jury Acquitted Mr. English on 1 count and deadlocked on the other count 9-3 for Acquittal. The case was resolved on the deadlocked count with a no contest plea on an amended misdemeanor charge that did not require Mr. English to register as a sex offender. This was Mr. Adams fourth jury trial.
September 2002 Tulsa County District Court
Jury Verdict of Acquittal on all counts. State of Oklahoma v. Leandrew Charles White, CF-2002-401. Mr. White was charged with one count of Sexually Abusing a Minor Child and three counts of injury to a minor child. After a week long trial the jury deliberated approximately three hours before acquitting Mr. White on all charges. This was Mr. Adams second jury trial. (Read the Tulsa World Article)
May 2002 Tulsa County District Court
Jury Verdict of Acquittal on the sole charge of Sexual Abuse of a Minor Child. State of Oklahoma v. Dannie Virgil Clem, CF-2002-6080. The jury deliberated approximately 30 minutes after a three day trial in reaching their verdict of acquittal. This was Mr. Adams first jury trial and he had only been licensed to practice law a little more than a year.