Archives for category: Oklahoma

John Thompson, historian and retired teacher in Oklahoma, contributes frequently here.

He writes:

If you want to get really depressed about today’s politics, look at the New York Times’ Upshot, which asked: Should Children Go Back to School? Sadly, the answer has been, “It depends in part on your politics.”

One source the Times cited was a Brookings Institute analysis of data which found that “politics, more than public health, was driving school districts’ reopening plans.” Brookings discovered:

No relationship between school districts’ plans and their counties’ infection rates. Instead, there was a strong correlation between a district’s plans and a county’s support for Mr. Trump in 2016.

We should all be horrified that President Trump and his supporters have put ideology and short term politics over the health of students. When we get through this nightmare, deep soul searching will be necessary as we ask how our politics have devolved to this point.

Below is a step towards such a reckoning. It uses Oklahoma, a “red state” in terms of Republican power, which has become a “red zone” in terms of infection spread, as a case study. White House reports that were not revealed to the public until recently, now show that Oklahoma has the nation’s 8th highest positivity rate.

Eight White House Corona Virus Task Force reports on Oklahoma’s COVID infections were finally released on August 25. As many parents send their kids back to in-person school, they now can read the full truth that could have been revealed almost two months ago about what safe reopenings would require.

This is how Oklahomans finally got access to crucial public health information. The Tulsa World reported that on August 13, before Coronavirus Response Coordinator Dr. Deborah Birx visited Tulsa, Gov. Kevin Stitt said he directed the state Health Department “to post everything and be as transparent as possible.” But, a week later, The Center for Public Integrity published a second, secret report; Tulsa Mayor Bynum thus learned that “eight White House reports had been issued. Bynum said he was only aware of one that had been previously leaked to the media.”

Dr. Birx met briefly with numerous members of the Stitt team and a few others, but without key public health leaders, such as Tulsa Health Department director Bruce Dart, Democratic officeholders, or the press, and she also met privately with Stitt. The governor said, “Overall it went really good, and she’s pleased with Oklahoma and what we’ve done so far.”

State Superintendent Joy Hofmeister posted on Facebook that Birx warned, “Oklahoma is about 4 weeks behind the South” and needs to “avoid asymptomatic spread which is happening in Southern states.” That cryptic comment didn’t make the headlines, or prompt a discussion of how would it be possible to reopen schools in counties where the virus was spreading.

Stitt characterized Birx’s advice as, “A lot of other states have shut down bars. That was a recommendation — it wasn’t a recommendation, but that was something she said, you’ve got to be ready if you see your positivities kick up that you can maybe limit bar capacity.”

Tulsa Public Radio challenged spin on the crucial question of how schools and colleges can open this month, adding, “Birx’s task force has, in fact, told Oklahoma it should shut down bars statewide, calling it ‘critical to disrupt transmission.’”

As school was starting, about 50 school sites were dealing with COVID infections; the first week of partial reopening, the number rose to over 100. If – as public health experts predict – asymptomatic children spread the virus to their classmates, teachers and school staff, and their families, parents should ask why they were not warned when Oklahoma entered the “red zone” around July 14.

Similarly, administrators can ask how they could have prepared differently for reopenings if they had been told about the effect of “community spread” on schools. The week before classes were scheduled to open, two school systems had to delay in-person instruction. Who knows how many of those wrenching adjustments will occur in the first weeks of school?

If they had known the full story presented in eight studies, many districts could have prioritized preparation for virtual over in-person instruction. Had administrators been told of the August 2 task force recommendation for a statewide mask mandate, and recommendations as early as July 5 on bars and indoor dining, would they have given different advice to their school boards on reopening? Had they known when the task force recommended that red zone counties limit social gatherings to ten people, would they have thought differently about school sports?

Administrators were already behind in preparing for school because as late as June many researchers still doubted that young people would spread the virus as much as older persons. It wasn’t until late July that experts were fully aware of the super-spreading by young people. And I would add that decision-makers should have considered the New York Times database. It estimated that on July 31 an average Oklahoma County school with 1,000 students would begin the year with 11 students with the virus.

Also, on July 23, the State Board of Education voted 4 to 3 to adopt the protocols presented by State Superintendent Hofmeister as recommendations – not mandates. Had they known what would be revealed in the recent recommendations for Oklahoma, would they have voted differently in terms of making masks mandatory in schools? Had the SDE guidelines on providing only virtual learning been discussed in communities that were fully aware of the task force’s recommendations on limiting the size of social groups, would they have thought differently about closing schools in the counties with the highest infections?

State Impact and the Oklahoman now report that only six of the 136 districts in counties at Orange Level 2 or the higher are starting the year with distance learning. The SDE can only “beg” districts to take unpopular public health actions and only 1/3rd of them mandate masks for students and teachers.

So shouldn’t the Board take another vote? And while they’re at it, they could order districts to report COVID infections to the Health Department.

Moreover, education and urban leaders, as well as state policy-makers should study the new reports within the context of perhaps a bigger threat – the reopening of colleges. Cities have no control over universities’ policies, but especially in areas that attract large numbers of college students who have failed to follow social distancing rules, cities could follow federal guidelines on closing bars and in-person dining. And if state leaders took these public health regulations seriously, they could have taken action with the hugely dangerous Weedstock concert near Oklahoma State University.

This summer’s misstatements of fact by the Stitt administration were serious because they undermined preparations for a safe reopening of schools. During a time of “alt facts,” however, it isn’t surprising that many Oklahomans didn’t demand fact checking of the governor. The release of the full facts occurs at a time when students are placed at risk, and schools will likely struggle with infections. Now that the full task force findings are released, parents, educators, and policy makers may bring a more informed mindset to their guidelines.
More importantly, though, will we take a more morally responsible look at the politics of school reopenings? Will we come to grips with the way that America placed politics over the health and safety of our kids, and pledge to never do that again?

John Thompson is a historian and retired teacher in Oklahoma.

He writes:

The McAlester Public Schools are in the Oklahoma county where COVID is now #1 in the state in per capita COVID infections. A week before the scheduled opening, McAlester reports five positives linked to football. But its schools will still provide in-person instruction.

This is just one of 50 schools with infections on the eve of their reopening in a state which had had a low infection rate, but that is now in the “Red Zone,” with more than 100 COVID-19 cases per 100,000 people. We must finally ask why responsible leaders, such as the mayors of Oklahoma City and Tulsa, are so unwilling to challenge Trumpian true-believers who undermined science-based public health actions, even as a crisis is clearly unfolding.

https://oklahoman.com/article/5669649/mcalester-schools-to-reopen-amid-state-high-covid-19-rate?utm_source=SFMC&utm_medium=email&utm_campaign=The%20Oklahoman%20breaking-news%202020-08-2021:37:08&utm_content=GTDT_OKC&utm_term=082020

https://www.kosu.org/post/here-are-oklahoma-school-districts-where-covid-19-cases-have-been-discovered-school-began

A week ago, I hoped to communicate with some of the adults in the room – who I know understand that a second burst of COVID is virtually inevitable. So, I started with a joke, borrowing from the late political Oklahoma humorist, James Boren, who used to say, “When in doubt mumble.”

Trying to persuade, I noted that medical experts and responsible political leaders must always wrestle with doubts. And when their audiences are President Donald Trump and Gov. Kevin Stitt, the ability to mumble something in order to not sound disagreeable becomes an essential skill.

For example, the Coronavirus Response Coordinator, Dr. Deborah Birx, made a “highly touted stop” in Tulsa on August 16th, but it was a private meeting. Public health experts were almost as unrepresented as the press and Democratic officeholders; Dr. Bruce Dart, the director of the Tulsa Health Department, wasn’t invited. Dr. Birx only took five or six questions but at least she warned that Oklahoma may be “a month behind seeing asymptomatic spread happening in other southern states.”

“Asymptomatic spread,” thy name could be classrooms of children returning to public schools and dorms and bars full of returning college students. And what is happening in other southern states (like Texas, Georgia, and Florida) is frightening – perhaps too tragic to say out loud.

Birx didn’t answer press questions as she left. Since she met privately for 45 minutes with Gov. Stitt, there was little opportunity to cross examine his claim, “Overall it went really good, and she’s pleased with Oklahoma and what we’ve done so far.” Oklahomans were told little about her warning about asymptomatic spread beyond Stitt’s characterization of her words, “A lot of other states have shut down bars. That was a recommendation — it wasn’t a recommendation, but that was something she said, you’ve got to be ready if you see your positivities kick up that you can maybe limit bar capacity.”

One of the few media outlets, Tulsa Public Radio, which challenged spin on the crucial question of how schools and colleges can open this month, drew upon a previous study and added, “Birx’s task force has, in fact, told Oklahoma it should shut down bars statewide, calling it ‘critical to disrupt transmission.’”

https://okcfox.com/news/local/hofmeister-talks-school-safety-after-meeting-with-top-coronavirus-adviser

https://www.publicradiotulsa.org/post/public-press-tulsa-health-director-shut-out-during-visit-white-house-coronavirus-doctor

But now that The Center for Public Integrity has published the latest White House Coronavirus Task Force secret report, we know the truth. We are learning what our leaders know and when did they know it. Now that these facts are no longer need to be mumbled, we must look in the mirror and ask tough questions about ourselves and the leaders, including those we have trusted. Before summarizing the report’s key points, more context could be helpful.

Exclusive: White House document shows 18 states in coronavirus ‘red zone’

Oklahoma’s press has always had reasons to be reluctant to challenge the power structure, so it was no surprise that it was an editorial columnist, as opposed to an investigative reporter, who explicitly revealed a part of the story that intimidates reporters and politicians. The Tulsa World’s Ginnie Graham reminded us, “Dr. George Monks stepped into the role of president of the Oklahoma State Medical Association, requiring him speak truth to the powerful and dubious.”

Gov. Stitt had said that “Oklahoma had ‘plenty of runway’ to respond to virus surges.” But Dr. Monk said “a COVID-19 patient waited a day for the “one and only” hospital bed in Tulsa: “We are at the end of the runway.”

Graham reminded us, “some doctors once promoted smoking as healthy and the anti-vaccine movement finds physicians to back their position.” But Monks says, “We should always tell the truth, even if it hurts.”

https://tulsaworld.com/opinion/columnists/ginnie-graham-tulsa-dermatologist-latest-doctor-finding-himself-at-the-intersection-of-medicine-and-politics/article_93e3e726-b9eb-5f5a-aa8f-32810f094ad1.html#utm_source=tulsaworld.com&utm_campaign=%2Fnewsletter-templates%2Ftopic%2Fpopup%2F&utm_medium=email&utm_content=headline

As time runs out for reducing the size of the imminent crisis, The Frontier, a nonprofit media corporation, reported that former interim state epidemiologist, Dr. Aaron Wendelboe, said that local mask mandates are likely contributing to the current downward trend of new infections. But a reopening of in-person schools and extracurricular activities such as sports will likely increase transmissions. Similarly, Dr. Dale Bratzler, who leads the University of Oklahoma’s coronavirus response, said that they will make outbreaks “almost inevitable.” Bratzler advised, “I think we need to watch very, very carefully what happens in the state because we may need to rethink some of these policies on reopening if we see some of these outbreaks occur.”

Mask mandates appear to be helping Oklahoma control its coronavirus outbreak

Those careful words can’t be dismissed as mumbling, but neither were they headline grabbers. To understand their relative lack of influence, the public must read the Oklahoma Watch account of how Dr. Wendelboe was the second of three state epidemiologists since this March. It cited his predecessor, Dr. Kristy Bradley, who explained, “we had been practicing and developing and fine-tuning that public health playbook in Oklahoma for years and years.” But the governor’s new team “just sort of kept it on the shelf and didn’t dust it off.”

Bradley and Wendelboe had extensive experience with epidemics ranging from Zika to Ebola. But Wendelboe said “his role was to give epidemiological advice, but with the knowledge that leaders have other considerations like the economy or disruptions to daily life to also take into account.” Oklahoma Watch (also a nonprofit) explains:

“There’s many decisions that are being made from different angles,” he said. “I think it’s hard for a state epidemiologist to sometimes know how to navigate some of the factors that are outside the straight epidemiological training. I’ve tried to be really respectful when people don’t take my advice. I understand that there’s other things that I’m not privy to.”

As Pandemic Widens, Oklahoma Diminishes State Epidemiologist Role – Oklahoma Watch

In contrast to fact-based analyses in The Frontier, State Impact (an NPR collaborative), and Oklahoma Watch, the Oklahoman published “Keeping Schools Closed Will Do More Harm Than Good,” an editorial by the Heartland Institute’s Chris Talgo. Since the Oklahoman has a paywall, the best way to understand his argument is to follow the link to Inside Sources, “Keeping Schools Closed Will Do More Harm Than Good.” Talgo says that there are multiple reasons to reopen schools, but:

“They might not because teachers unions and politicians oppose it for their own self-interest. Teachers unions throughout the nation are making outrageous demands before they return to their jobs. This includes defunding the police, “Medicare for All,” huge salary increases and several other requirements that have little to do with improving the educational environment.”

Shockingly, several teachers unions have announced they will not return to work unless and until “a moratorium on private school” is implemented.

In fairness, the Oklahoman also published an editorial opposing Senate Majority Leader Mitch McConnell’s attempt to grant schools, businesses and healthcare providers immunity from coronavirus-related lawsuits. And within a week, the Oklahoman quoted Dr. David Kendrick of the OU School of Medicine about the “new phase” we are entering, “We had four months now without the impact of primary, secondary and university education on the possibility of transmission. … As schools are opening, we are going to have to give that a big, hard look.”

Counterpoint: Ditching Accountability for Schools Should Get Failing Grade

https://oklahoman.com/article/5669643/coronavirus-in-oklahoma-as-state-passes-50000-infections-and-700-deaths-experts-warn-of-possible-future-spikes?no_cache=1&utm_source=SFMC&utm_medium=email&utm_campaign=The%20Oklahoman%20breaking-news%202020-08-2020:15:18&utm_content=GTDT_OKC&utm_term=082020

So, I will still mumble support for experts who try to be as candid as allowed when advising politicians. But we now know what the Coronavirus Task Force was actually recommending when Dr. Birx was visiting on August 16. The high points, which are the opposite of what the governor claims, include:

Mask mandate needs to be implemented statewide to decrease community transmission.
Bars must be closed, and indoor dining must be restricted in yellow and red zone counties and metro areas.
In red zones, limit the size of social gatherings to 10 or fewer people; in yellow zones, limit social gatherings to 25 or fewer people.

https://www.documentcloud.org/documents/7041272-Oklahoma-8-16-20.html

And that brings us back to the issue of government leaders who would like to do the right thing, but they don’t dare articulate what they know is likely true. Ideology-driven officials demanded that we place the short-term benefit of bars and other businesses over our students, making it impossible to safely reopen schools. Many compliant public schools and colleges are leading us to a tragedy.

The premature reopening imposed on communities quickly drove our state’s seven-day average of daily infections from 69 on June 1 to 1,089 on August 1. Since then, our previously effective leaders have gone along with sound bites about a downward curve, ignoring the experts’ warnings about what would happen as schools reopened.

As I wrote this, yesterday’s infections were announced – 1,077.

Then, it was also revealed that Mayor Bynum just learned from Birx that “eight White House reports had been issued. He said he was only aware of one that had been previously leaked to the media.” Stitt then agreed that “he will ask that the White House reports be made publicly available to everyone.”

If the full truth about reopening schools – which should have been revealed more than two months earlier – is released as students are going back to in-person classes, and infections are spread, parents should demand more than mumbling from the governor.

https://coronavirus.health.ok.gov/

Stitt bows to pressure to release White House reports on coronavirus

Emily Harris teaches A.P. U.S. History at Will Rogers High School in Tulsa. She writes here about her faith in the public schools. She is concerned that some students have enrolled in the EPIC virtual charter school, which has a horrible record and operates for profit.

I am a teacher at Will Rogers High School. My husband, John, is a teacher at Nathan Hale High School. We are proud our 1-year-old son, Andrew, will become a fourth-generation Tulsa Public Schools student. As generations of our family have done before us, we will choose Tulsa Public Schools. My grandmother is a Central Brave. My father-in-law is a Will Rogers Roper. My mother is a Hale Ranger. My father, husband, sisters and I are Edison Eagles.

Our public schools are part of the fabric of what makes us Tulsans. Many of you reading this can say the same about your family. These schools have history. They have tradition. They have proud alumni. We cannot give up on them.

Tulsa Public Schools began the 2019-2020 school year planning for a $20 million budget shortfall caused by years of improper state funding and declining enrollment. Despite more than a decade of underfunding, many Tulsa Public Schools teachers have persisted in challenging working conditions. These teachers know what it is like to face obstacles and overcome them for hope that all students will reach their full potential. Tulsa Public Schools teachers will carry the same tenacity and spirit of optimism with them as they take on the challenges presented to them this school year.

The Tulsa Public Schools of my parents’ generation did not have to compete for students with suburban districts and online charter schools. Recent reports show that Epic, an all virtual charter school founded in 2011, is seeing a recent surge in enrollment. It has now surpassed Oklahoma City and Tulsa to become our state’s largest school district. Epic Charter Schools may sound like an appealing option to parents in the short term, but data from an Oklahoma Watch investigation in 2019 showed that only 14.7% of Epic graduates enrolled in an Oklahoma public college or university compared to 43.6% of Tulsa Public Schools graduates. This is concerning as it points to the assumption that Epic’s model is more about compliance to meet graduation standards rather than preparation for a student’s life beyond K-12 education.

Epic is contributing to declining enrollment in Tulsa Public Schools. The result is critical state funding being siphoned away from traditional public schools. Unlike Tulsa Public Schools, Epic is a statewide school district, and does not serve as a pillar of our community. When our community supports Tulsa Public Schools, they are undoubtedly making a worthwhile investment in the future of Tulsa….

Here’s what I do know for certain: I will spend each day working in my empty classroom on the fourth floor of Will Rogers High School. I will do my best with technology to teach American history and serve Tulsa students from a distance. I will work with my talented colleagues to collaborate and come up with creative solutions to challenging and unprecedented issues. We will carry with us a mindset to serve students first.

I choose Tulsa Public Schools, and I will continue to serve Tulsa students for many years ahead. The possibility of a truly equitable Tulsa community for all depends on your support of our public school system. I assure you, my students’ hopes and dreams are worth it. Teachers cannot wait for the day when we get to see our students in person. Until then, I ask that you please have faith in teachers. Have faith in Tulsa Public Schools.

This story was posted in Garrison Keillor’s “The Writers’ Almanac.”

Dr. Michael Shadid established the first cooperatively owned and operated hospital in the United States on this date in 1931. Shadid had been born in a mountain village in Lebanon, and knew firsthand how hard it was for the poor to get good health care. He was one of 12 kids, and only three of them survived infancy. The only medical care that the village received was the occasional visit from a Beirut doctor. Shadid was inspired to get medical training himself. He went to New York when he was 16, working as a peddler to save money for his education. Ten years later, after earning his medical degree at Washington University in Saint Louis, Shadid settled in Elk City, Oklahoma.

As medical technology advanced, the cost of medical care rose, and few people felt the hardship more than Oklahoma farmers. “There must exist some unknown germ, some filterable virus unknown to man, that bites certain persons in this world and turns them into reformers,” Shadid later wrote. “I’m willing to admit that I must have been bitten early and hard.” Using as his model the established Oklahoma tradition of farm cooperatives, Shadid envisioned a cooperative hospital that would be supported by the farmers’ annual membership fees. Doctors would be paid a salary out of those fees, and in return they would provide basic preventive care that poor farmers were not usually able to afford. But other local doctors were worried about losing their business. They wrote in to the newspapers accusing Shadid of fraud, and calling him a foreigner who was trying to tell Americans how to manage their health care system, even though by now he’d been in the country for 30 years. He almost lost his medical license for the unethical solicitation of patients. Doctors were reluctant to work for the Community Hospital if it meant defying the medical establishment. But the farmers who relied on the hospital rallied behind Shadid. “We think more of the few dollars invested in the Community Hospital than any investment we have ever made,” said one farmer. “I think this bunch fighting [Shadid] should be sat down so hard it would jar their ancestors for four generations.”

A judge in Oklahoma Fined the company that manages EPIC virtual charter school $500,000 for trying to suppress the fre speech of a critic, plus his legal fees.

Unfortunately, despite poor results and ongoing legal controversies, enrollment at EPIC and other virtual charter schools is soaring due to the pandemic.

An Oklahoma County district judge leveled a $500,000 fine against the nonprofit overseeing Epic Charter Schools on Wednesday.

Judge Cindy Troung sanctioned Community Strategies Inc. for filing a libel and slander lawsuit against state Sen. Ron Sharp last year. Truong dismissed the lawsuit in February. On Wednesday, she ruled the case was an attempt to censor Sharp’s free speech.

The judge decided the nonprofit was subject to a fine under Oklahoma Citizens Participation Act, a law that sanctions plaintiffs who file meritless lawsuits intended to silence critics.

Troung also awarded Sharp $35,912 to cover all of his legal fees. A news release from Sharp said the senator is “very pleased” with the judge’s decision.

Epic will appeal the ruling, said Shelly Hickman, assistant superintendent of communications…

Sharp, R-Shawnee, has been one of Epic’s most outspoken critics. In multiple news releases and comments to media, he alleged Epic unlawfully counted student enrollment and misused taxpayer dollars.

Truong threw out the lawsuit and said Sharp’s public comments about Epic did not rise to the level of actual malice, which is the standard to prove libel and slander against a public entity.

“Clearly, Epic was trying to do this to destroy my credibility and to divert attention from what I was asking,” Sharp said after the lawsuit was dismissed in February. “The fact that they filed this just before the deadline for legislation, they clearly wanted legislators to be intimidated by this lawsuit.”

The Oklahoma State Bureau of Investigation alleged Epic illegally inflated its enrollment counts and embezzled millions in state funds, according to court documents filed last year. Epic has denied any wrongdoing. No charges have been filed.

John Thompson asks how it is possible to open schools in Oklahoma with coronavirus on the rise.

Thompson writes:

The New York Times reports that on June 1, the Oklahoma City metropolitan area had a seven-day average of 17 new COVID-19 cases a day. I believe Mayor David Holt deserves great credit for the science-based policies that kept infection numbers down.

By Aug. 1, however, the seven-day average was 409! The reopening of schools is essential for the education and mental health of students, as well as the economy, but how is that possible when infections have increased by nearly 2,400%?

Thompson takes issue with the American Academy of Pediatrics and economist Emily Oster, whose assurances about a return to school, he believes, were premature.

The current “positive” results are a warning sign that Oklahoma should be cautious and follow the science.

John Thompson, historian and retired teacher in Oklahoma, makes an urgent appeal to save the life of his former student Julius Jones.

He writes:

I just watched the rebroadcast of ABC’s “20 20” documentary, “The Last Defense,” about my former student, Julius Jones, who is on Death Row even though he’s probably innocent. It was an abridged version that left time to update the case’s developments over the last two years. It refuted the claims at a recent press conference by Oklahoma Attorney General Robert Hunter that the evidence still says that Jones murdered Paul Howell in front of his children, while carjacking his Suburban. (I also appeared in the documentary.)

As I will explain, there is no hard evidence that Jones committed the crime, and there is plenty of evidence that my other former student, Chris “Westside” Jordan shot Mr. Howell. Closing a documentary which revealed glaring miscarriages of justice, the producer, Scott Budrick says, “I don’t think there is anyone … who can say Julius Jones received a fair trial.”

The criminal justice system has always been torn between the ideal that the defendant is “innocent until proven guilty,” and the prosecutors’ real world commitment to winning. Individual district attorneys operate in a system where 90% or more of cases must be settled with a plea bargain. If fairness was the overriding principle, too many defendants would go to trial and the system would be overwhelmed.

The juxtaposition of A.G. Hunter’s attack on the “Justice for Julius” movement and “The Last Defense,” with the outrages revealed in the documentary, leads me back to the belief that district attorneys like the late “Cowboy Bob” Macy are a huge problem. The even bigger problem isn’t the individual prosecutors, but how the system creates a law enforcement culture where winning is the priority.

For instance, A.G. Hunter has been very effective in presenting the case, as it existed in 2002, against Jones. There is nothing wrong with Hunter visiting with the Howell family and, like the defendants repeatedly have, saying that the family’s suffering must be acknowledged. And trial attorneys routinely cross that line with emotional arguments personalizing the case, as opposed to presenting evidence in a balanced manner.

However, Hunter went too far when he told the press conference, “I’m here today as an advocate for the late Paul Howell and his family … They are the victims in this case, make no mistake about it, and the pain of their loss is revisited with each misguided public appeal on Mr. Jones’ behalf.”

Then Hunter skillfully repeated the evidence that was presented to the jury and subsequent appeals judges. As the defense acknowledged, if that was all that was known about the horrific murder, a guilty verdict would be understandable. The problem is that the attorney general, being a loyal team member, ignores the large body of evidence that has been discovered and compiled over the last decade.

Moreover, Hunter released the trial transcript, but he didn’t seek to release the evidence which mattered the most – the prosecution’s trial record file.

And that leads to the reason why Jones is on Death Row. The high-profile investigation was guided by two police informants, who were both facing long sentences for other crimes.

The experienced prosecutors skillfully appealed to the jurors’ emotions. I doubt the district attorney’s office was surprised to hear the jury foreman tell “20 20” that, in a case like that one, you “go with your heart more than anything else.” The juror trusted “what you felt in your gut.” When delivering the verdict, the juror “felt right.”

Jones and his attorneys had always admitted that he had not been perfect, and he had committed nonviolent offences. But Hunter said that Jones’ “criminal history was replete with the use and threat of violence: armed robbery, carjackings, assault.”

Jones had not been charged with such crimes, and the D.A. never proved these cases against Jones in court. Instead, they were brought up in the sentencing phase where the state can simply say that Jones did this, he did that, without proof. This is because such claims do not need to have been proven. It is a typical tactic that prosecutors use to frighten juries into imposing the death penalty. If the State had the evidence of violent offenses, the defense asks, why didn’t it file charges back in 1999? Twenty-one years later the A.G. is throwing this out there, trying to make it stick.

The State eventually agreed to a DNA test of a bandanna that was found wrapped around the apparent murder weapon in the Jones’ family home. A.G. Hunter argues that “the major component of the DNA profile matched Jones.” But, Dr. Eli Shapiro did a more complete and nuanced analysis. Seven of the 21 genetic markers were found to be consistent with Jones’ DNA. The Jones defense notes that the finding doesn’t “constitute a match under law enforcement standards.” Moreover, no saliva DNA was found on the bandanna, as would be expected after the gunman shouted into it as the eyewitness testified to at trial.

The biggest problem with the State’s claim is that Jordan came by the Jones’ house the day after the murder, said he was locked out of his grandmother’s house, and spent the night sleeping upstairs where he could have easily planted the bandanna and the gun. And when the police searched the Jones’ house, Jordan was in a police car outside, so he could direct them toward the evidence.

In other words, had all of this DNA evidence been presented at trial, it would not have incriminated Jones in a trial where he was considered “innocent until proven guilty.”

“The Last Defense” includes statements by his public defender, who was inexperienced in murder trials and who acknowledged that he did a “terrible job” of cross examining Chris Jordan, who repeatedly contradicted himself when fingering Julius as the murderer.

The jury did not hear statements by two inmates who said that co-defendant Jordan bragged about the killing and the deal he made to get out of prison in 15 years. Jordon, in fact, was released 15 years into his 30 year sentence.

Neither did the defense attorney call Jones’ family to the stand even though they would have testified that he was visiting their home until about 9:30, the time when the murder was committed in Edmond. His current attorneys explain:

Julius’s trial lawyers claim in sworn affidavits in 2004 that they delegated the investigation of the alibi to an investigator who was untrained and unqualified. This investigator never provided written or taped notes of his supposed alibi investigation

Neither did the Jones defense do an adequate job of distinguishing between Jones, who was photographed just before and just after the murder with close-cropped hair. The witness, Megan Tobey, testified that the shooter had “a half an inch to an inch” of hair sticking out of the bandanna. This is crucial because Jones had close-cropped hair that didn’t fit such a description. Hunter indicates that the defense claimed that the witness said the shooter had “cornrows.” But the Jones defense position is:

She did not testify, as the AG’s Statement misrepresents, that the shooter did not have braids or corn rows. Ms. Tobey also specifically affirmed that the shooter had hair sticking out from both sides and about a half an inch.

Moreover, the defense attorney did not stress the point of how important that testimony was in terms of incriminating Jordan, not Jones.

Finally, at least one juror heard a fellow juror say, “Well, they should just take that n—– out back, shoot him and bury him under the jail.” The juror told the judge about the comments the following day, but the juror was not removed, supposedly because the judge was not told that the N-word was used.

As I rethink the Julius Jones case, and the district attorney’s response, I recall the 1980s when I was a legal historian and when violence in Oklahoma City was so much worse than we could imagine today. Back then, I was one of many who was cautiously optimistic when Bob Macy took office.

My research had focused on Oklahoma County from the 1960s to the 1990s. Clearly, the War on Drugs undermined the progress which I had witnessed. Despite my intense involvement with the inner city, and seeing many abuses of power, it never occurred to me that law enforcement in 1999 could resemble the brutality of 1969. I’m now shocked that today’s prosecutors, who in my experience want to distance themselves from the corrupt violence of Jim Crow Oklahoma, are still refusing to break with the system of the past which deprived Julius Jones of a fair trial.

During either era, however, the publicity that accompanies capital crimes means that death penalty cases bring out the worst in the system. But, this is not 1999 or 2002 when Jones faced trial. We now know far more about the facts regarding that horrible murder and biased prosecution. Because of longstanding practices and the 1980s and 1990s “reforms,” designed to get tougher on crime by undermining defendants’ rights, no jurors, and few or no judges, have looked at the whole story. Julius Jones’ life now depends on the Pardon and Parole Board and the Governor, and whether a majority will commit to justice for Julius, taking a step toward a criminal justice system worthy of our democracy.

Dark money—anonymous donors—are pouring money into primary campaigns. The main donor is the Oklahoma Federation of Children, the state affiliate of Betsy DeVos’ American Federation of Children. Never in history has there been a Secretary of Education with her own political PAC.

The Tulsa school board went into executive session and talked until 1 am, then voted to extend Deborah Gist’s contract for two years. Two board members voted no.

The vote occurred one week before an election runoff for two board seats.

Gist is a member of Jeb Bush’s Chiefs for Change, which supports charters, vouchers, and high-stakes testing. As State Superintendent in Rhode Island a decade ago, she achieved fame and notoriety for firing the entire staff of Central Falls High School due to low test scores. Central Falls is the poorest district in the state. It still has the lowest scores in the state.

John Thompson writes about his former student, who is scheduled to die:

As the nation wrestles with the latest police killings and Black Lives Matter protests, the Oklahoma Pardon and Parole Board must decide whether to allow the execution of my former student, Julius Jones. Julius’ request for commutation has gained the support of the Congressional Black Caucus; criminal justice expert, Bryan Stevenson; numerous elected officials, pastors, bishops and archbishops; the Executive Director of Oklahomans for Criminal Justice Reform; the President of the NAACP State Conference; and public figures ranging from Kim Kardashian to a former Attorney General of Canada; and the Executive Director of the George Kaiser Foundation.

https://www.justiceforjuliusjones.com/

Now, three NBA basketball players, Blake Griffin, Russell Westbrook, and Trae Young, have joined in support of Julius.

Griffin, Westbrook, Young: Commute the sentence of Julius Jones

I was struck by the personal part of letter written by Griffin, who often was in our gym when I played basketball with Julius, his brother and his sister, as well as the person who we believe committed the murder. He wrote:

My father, Tommy Griffin, coached Julius when he played basketball at John Marshall High School, and often I would tag along to practices and watch Julius and his team play. Our familial relationship goes back generations. My father grew up with Julius’ parents. Our grandmothers were best friends. The Jones family has always had strong values and deep commitments to the community.

I feel terrible for everyone involved in the tragic events of the summer of 1999; however, I do believe that the wrong person is being punished for this crime.

Coach Griffin offers similar support: “’In my heart and my mind, I think that they should open it up and look at it strongly,’ Tommy Griffin said. ‘If we’re wrong, we’re wrong. But there are so many things leading to them being wrong.’”

https://oklahoman.com/article/5663910/family-of-oklahoma-death-row-inmate-julius-jones-relies-on-growing-advocacy-as-case-developments?fbclid=IwAR0rY7L5aam4onEgezwRWt5kRu5f9wkpIZnDuA6Bo0sB0Bz9hLRukq9bcPY

Twenty years ago, we often thought that Oklahoma City was moving on from the nightmare of the 1980s and early 1990s when the War on Drugs perverted our criminal justice system. We had no idea that even today, actual innocence, alone, would not be enough to get the Supreme Court to consider the now-huge body of evidence that Julius is innocent.

Click to access Aglialoro-final.pdf

As I recall, my visit to the Jones’ home was scheduled before Julius’ arrest, so I was in their living room just after their house was ransacked by the police. I clearly remember the thoughts shared between so many people who knew both defendants. We didn’t expect the police to just take our words for it, but neither did we expect to be completely ignored. It quickly looked like the investigators had made up their minds, and targeted the least likely suspect.

Being a former legal historian who had deeply researched the Oklahoma County District Attorney office’s recent past, I recalled one DA’s favorite meme: “Every inmate at Big Mac (state prison) is guilty of the crime he was duly convicted of – or something else.”

Twenty years later, there is abundant evidence that the institutional racism, which drove so much of law enforcement assumptions, explains why Julius is on Death Row, even though the totality of new evidence has not been reviewed in court. The co-defendant, Chris Jordan, changed his story at least six times when interviewed by the police, but Julius’s inexperienced attorneys didn’t cross-examine Jones regarding his inconsistencies. The jury did not hear that Jordan bragged to fellow inmates that he, not Julius, had committed the homicide. Nor did the defense attorney stress Julius’ photograph, taken a week before the crime, which showed he did not fit the only eye witness’ description of the shooter. Julius’ attorneys also failed to present evidence that Julius was home with his family the night of the murder.

In exchange for testifying against Julius, Jordan pleaded guilty to first-degree murder, was given a life sentence with possibility of parole after 30 years. However, there is evidence of a secret deal with Jordan where he would only serve 12 to 15 years in prison in exchange for his testimony. Jordan was released from prison after serving only 15 years.

Neither was it revealed that a juror reported that another juror used the N-word when referring to Julius, but was not removed from the jury.

If jurors or judges could view all of the evidence presented in the three-hour ABC documentary, The Last Defense, they could connect the dots accordingly. I suspect few would conclude that the evidence points to Julius’ guilt. It’s hard to see how any would say that he received a fair trial.

https://www.abajournal.com/news/article/abcs_the_last_defense_profiles_julius_jones_current_legal_battle_to_stay

And I expect that most would agree that much of the problem was the continuing assumption that young, Black defendants must be guilty of something or they wouldn’t be a suspect. That mindset likely helps explain why the Oklahoma City police have killed 48 people since 2013, the second highest, per capita rate in the nation.

Chief calls report ‘extremely flawed’ but data appears accurate in labeling OKC with second highest police killing rate

Of course, the law enforcement mindset which targeted Julius is still alive, and it contributes to the police killings that are being protested by Black Lives Matter and a range of Americans of all races. That battle will continue for a long time. It is hoped, however, that the Parole Board will consider Julius’ case in early June. Almost 4 million have signed his petition, and I hope readers will help reach the goal of 4.5 million.

Sign the Petition