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[UPDATES IN RED]

[March 10, 2008 @ 3:15 PM]
The WynnBlog was contacted earlier today by Claremore Police Assistant Chief Stan Brown in regards to my original post (see below) and the Oologah Lake Leader online report from last Friday and Saturday. Chief Brown, who I will again state has been forthright and cooperative from the beginning of this incident, wanted to reassure me that there was indeed a properly executed probable cause affidavit signed and sworn that resulted in Parks’ arrest warrant being issued by Judge Steidley. He stated that the “Probable Cause Affidavit” I have posted on my blog is not the actual probable cause affidavit (rather, it is a standard form used as a book-in sheet at the jail–even though it says “Probable Cause Affidavit” on the top). He further suggested I could get the probable cause affidavit at the court clerk’s office.

I have been through the court file at the clerk’s office numerous times and, in fact, have copies of the entire file. A signed and sworn probable cause affidavit was not present in the file. I spoke with the court clerk this morning, and she re-confirmed that was the case. I shared all of this in my reply to Chief Brown. I also told him of my commitment to update my blog with information as soon as I could confirm it.

As of 1:34 PM today (March 10, 2008), the probable cause affidavit (executed Feb. 22, 2008) was filed in the Tywone Parks case.

What this all boils down to is this: there was a signed and sworn probable cause affidavit used to get the arrest warrant from Judge Steidley (without which I am confident that Judge Steidley would not issue a warrant). Why was it not in the court file? There’s obviously no good reason. The answer appears to be that the District Attorney’s office did not file it with the clerk when the rest of the charges were filed. All indications are that Claremore Police Department did everything properly and got everything to the D.A.; it was the District Attorney’s office who flubbed the filing of the affidavit with the court clerk.

The good news is that everything was done properly, which will preclude any argument for release due to there not having been a properly sworn affidavit. My main concern was that Parks, who very obviously needs to be in custody for both his and others’ safety, would successfully argue that his arrest was not properly authorized and consequently be released. That will not happen.

Here’s the PDF of the Probable Cause Affidavit

In addition to previously disclosed information, the affidavit swears to the court that:

• Parks offered to kill a person named “Gaft” to better his fraternity (“the organization”)
• Writings in Parks’ apartment stated he wanted to choke the life out of Gaft (and cut Paula’s head off and put it in his freezer)
• Two guns (at least one loaded) were recovered from Parks’ apartment and one (magazine loaded) from his car. (I’ll state again that possessing weapons–even loaded weapons–is not illegal. The magazine-loaded gun in his car would be illegal without a concealed carry permit.)
• There was other disturbing writing recovered from Parks’ apartment with the search warrant, especially in regards to doing violent harm to women (you’ll have to read it yourself).
  

And that’s all I have for now.

[Original Post]

Folks, I wish I did not have to report what I am going to report today. But, in the interest of the public, I must. Here goes:

I have finally gotten my hands on the actual charges filed against Tywone Parks in Rogers County District Court. I also have copies of the probable cause affidavit that led to an arrest warrant being issued for Mr. Parks. That’s the disturbing part. I’ll get to it in a second.

First, as previously reported here, Mr. Parks has been charged with violating 21 O.S. 1378(c). Specifically, the felony charges state:

COUNT 1 PLAN/ATTEMPT/CONSPIRE TO PERFORM ACT OF VIOLENCE- a FELONY, on or about the 18th day of February, 2008, by devising a plan, scheme and/or program of action to cause serious bodily harm or death of another person with intent to perform malicious act of violence to wit:

To plan, scheme and/or program or action to cot [sic] off the head of Paula Blalock and stick in his freezer by obtaining a mall [sic] and practicing said act by cutting off the head of a dog and seeking information on hiding something the size of a small boy,

And further to plan, scheme and/or program of action to commit violence or kill Brandon Gaffney by having weapons and outlining his plan in writings,

And further to plan, scheme and /or [sic] formulate a program of action to commit a Rogers State Massacre involving the shooting of eight students by then and there having weapons and writing a plan of action.

This is the first time since I have followed this case, which has been from the beginning, that I have seen or heard Brandon Gaffney’s name. There was testimony about Parks’ allegedly having left dog organs and/or blood on/near/under an individual’s vehicle. That individual was not named in the testimony, so this could refer to him, though I have no way of knowing for sure at this time.

The more we learn about this case, the more it is certain that Mr. Parks needs to be away from the public, whether that be in jail (where he currently is) or in a mental health facility (Parks’ attorney has stated in court and in his motion for a bond hearing that

at the conclusion of a mental health hearing that the doctors determined that the Defendant [Parks] is not a danger to himself nor likely to cause harm to others.)

That said, the disturbing part of what I have to report is that records on file with the Rogers County court clerk show that the probable cause affidavit submitted to the court in order to secure the arrest warrant for Parks provides no description of the crimes alleged, neither was it signed nor sworn by any police officer. (See the affidavit here.) Probable cause was determined, based upon the un-signed and un-sworn affidavit containing no description of the alleged crimes committed, by Judge Smith (as best I can read the signature).

The arrest warrant issued by Judge Steidley begins:

WHEREAS, a complaint in writing under oath, has been made to me, and it appearing that there are reasonable grounds…

If the probable cause affidavit the arrest warrant was predicated upon contained no description of the alleged crime and was neither signed nor sworn, where does that leave things? Specifically, does it invalidate the warrant upon which Parks was arrested? If I were in jail on $750,000 bond due to an arrest made on an un-signed, un-sworn probable cause affidavit that contained no description of the crime I was alleged to have committed, I know what my argument would be. I am searching for answers to this question, and I will have updates as soon as possible.

Also, from a civil liberties perspective, I have grave reservations about an arrest warrant being issued when the alleged crime is not described and the affidavit is neither signed nor sworn. Look at it this way: who among us is safe from arrest if the same standard were used? Taken to its extreme, an exactly identical probable cause affidavit could be used to secure an arrest warrant for you or me.

It is a very serious thing when the power of the state is used to take a citizen by force, subject them to a mental health evaluation, arrest them, and hold them with an extremely high bond (for the record, all of which I believe are perfectly justified in this case). I am, however, of the belief that such severe measures should only be done when the letter of the law has been followed. When life and limb is threatened by action of the state, the state should have an overwhelming and properly executed case.

And, the frustrating part of this situation is that from all reports, the police had more than enough evidence to justify Parks’ arrest. Why, then, was the probable cause affidavit not more carefully prepared?

But, you may be asking, why the hubbub, bub? Here’s why. What if, due to the technicalities of the probable cause affidavit having not been properly executed, Parks’ arrest warrant were invalidated and he were ordered released immediately? Several persons, and the community at large, would be at huge potential risk.

The First Assistant District Attorney was unavailable for comment, and the assistant district attorney who returned a telephone call said he was not familiar with the case file and would be unable to answer inquiries until he could review the file Monday.

There’s something to think on for the weekend.

John Wylie of the Oologah Lake Leader contributed to this report.

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