Last week I was honored to represent the family of and the young victim of sexual assault. My client was left without a voice, and without the ability to speak her truth when the Payne County District Attorney’s Office silenced her with their disrespect. It so happens that what she suffered at the hands of District Attorney Laura Thomas and her Assistant was a direct violation of both Oklahoma statute and and Oklahoma Constitutional Amendment.
The judge in this case set this matter for an evidentiary hearing and proceeded with same, resulting in three days of emotional and harrowing testimony. I had the honor of both conducting the direct examination of the victim as well as the cross-examination of the State’s witnesses, including the Assistant District Attorney. The District Attorney, Laura Thomas did not appear at the hearing, or take the witness stand to defend the allegations against her that she treated my client, as one witness stated, inappropriately. Ms. Thomas is leaving the office of District Attorney for Payne County, and I as said in the record during my closing arguments, “good.”
At first glance it appears that what my client went through was for nothing, given the court’s ruling. That could not be further from the case. This entire proceeding was one of “first impression.” That means it was a first for our state, and the first time that these statutes have been cited in a Petition that alleged they were not complied with. Despite the Payne County District Attorney’s Office arguing that my client and all victims in Oklahoma do not even have a right to a hearing to determine if their rights have been violated, this court concluded that in fact Oklahomans have that right. That is a victory in that a door has been open that was previously closed and untested.
Second, my client got to tell her story. She took the stand and bravely faced those that had traumatized her. She told her truth, and how the Payne County District Attorney’s Office and Laura Thomas explicitly made her feel “unsafe.” Being a part of that will be a memorable moment for me in a career that has already been filled with so many memorable moments. I appreciate strength, courage and will of character, and I will never forget the example that 18 year-old, Kate, showed me was possible when she took the witness stand.
This will not be the end of laws, legislation, and challenges to the current state of the law regarding victim’s rights in Oklahoma. Although my personal journey in this case has likely come to a conclusion, I fully expect the people I have come to know through this process are not quitting or giving up anytime soon. They will always have a fan in me, and the next time I’m needed to come and help out, you can bet I’ll be there in a moment’s notice. The law should apply to everyone, all the time, or there is no law at all.
-Brecken
In the news: KOCO 5: Oklahoma judge rules Payne County sexual assault case did not violate Marsy’s Law