{"id":30674,"date":"2018-08-23T15:34:33","date_gmt":"2018-08-23T20:34:33","guid":{"rendered":"http:\/\/stateimpact.npr.org\/oklahoma\/?p=30674"},"modified":"2018-08-23T16:49:01","modified_gmt":"2018-08-23T21:49:01","slug":"advocates-see-hope-in-marsys-law-ballot-question-experts-raise-questions","status":"publish","type":"post","link":"https:\/\/stateimpact.npr.org\/oklahoma\/2018\/08\/23\/advocates-see-hope-in-marsys-law-ballot-question-experts-raise-questions\/","title":{"rendered":"Advocates see hope in Marsy\u2019s Law ballot question, experts raise questions"},"content":{"rendered":"<div id=\"attachment_30675\"  class=\"wp-caption module image aligncenter\" style=\"max-width: 1920px;\"><img decoding=\"async\" loading=\"lazy\" class=\"size-large wp-image-30675\" src=\"https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-1920x1280.jpg\" alt=\"Kelly Vierling sits at her desk. A picture of her son Alex sits on a file cabinet to her left.\" width=\"1920\" height=\"1280\" srcset=\"https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-1920x1280.jpg 1920w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-500x333.jpg 500w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-768x512.jpg 768w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-150x100.jpg 150w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-300x200.jpg 300w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-620x413.jpg 620w, https:\/\/stateimpact.npr.org\/oklahoma\/files\/2018\/08\/Kelly-Vierling-1620x1080.jpg 1620w\" sizes=\"(max-width: 1920px) 100vw, 1920px\" \/><\/p>\n<p class=\"wp-media-credit\">Quinton Chandler \/ StateImpact Oklahoma<\/p>\n<p class=\"wp-caption-text\">Kelly Vierling said her family found out quickly it was their responsibility to figure out what would happen next during the prosecution of her son&#8217;s killer.<\/p>\n<\/div><p><iframe loading=\"lazy\" src=\"https:\/\/w.soundcloud.com\/player\/?url=https%3A\/\/api.soundcloud.com\/tracks\/489697992&color=%23ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&show_teaser=true&visual=false\" width=\"100%\" height=\"150\" frameborder=\"no\" scrolling=\"no\"><\/iframe><\/p><p>Kelly Vierling said her son had a \u201chuge heart.\u201d<\/p><p>Vierling\u2019s eyes watered as she described her 21-year-old son Alex in her office on the Oklahoma State University campus.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>Alex was killed in Stillwater in 2014.<\/p><p>Vierling said her son carried a gun to protect himself. He had it with him when he went to a friend\u2019s party the day he died.<\/p><p>Alex showed the gun to several people, according to court records. An 18-year-old woman took the gun and pointed it at Alex. She told police she didn\u2019t think it was a real gun, and recalled hearing a loud pop and seeing Alex lean over. She told police she didn\u2019t remember pulling the trigger.<\/p><p>The woman <a href=\"https:\/\/kfor.com\/2016\/12\/08\/stillwater-woman-sentenced-for-fatal-shooting\/\">was convicted of second-degree<\/a> manslaughter. After the shooting, Kelly Vierling said she was left in the dark for a month.<\/p><p>\u201cWe assumed there would be charges pressed. Nothing was happening,\u201d Vierling said.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p><a href=\"https:\/\/www.sos.ok.gov\/documents\/questions\/794.pdf\">State Question 794<\/a>, which would give crime victims new rights under the state constitution, goes before voters on Nov. 6. Oklahoma already has a bill of rights for crime victims that includes many of the provisions the ballot initiative provides, but advocates like Vierling say the changes will help future crime victims navigate a confusing criminal justice system.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p>\n<h3>Information void<\/h3><p>After her son\u2019s death, Vierling said no one kept her family updated on police actions and the months of court dates that followed. She said no one told her family when a warrant was issued for the shooter, or when the shooter was arrested and released on bond.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>\u201cIf you want to know what the next court date is, you better be at the one prior,\u201d Vierling said.<\/p><p>Vierling is still upset about a twist to the shooter\u2019s 8-month sentence. She said no one from the state told her that the shooter received a special status that cut the sentence in half. The shooter was scheduled for release three weeks after Vierling discovered the change.<\/p><p>\u201cIs it too much to ask to know that a warrant has been issued,\u201d Vierling asked. \u201cIs it too much to ask to sit in a bond hearing?\u201d<\/p>\n<h3>Marsy\u2019s Law<\/h3><p>If voters approve SQ 794, Vierling thinks other victims and families won\u2019t run into the same problems.<\/p><p>The ballot initiative is part of a national campaign called Marsy\u2019s Law, which has convinced six states to change state constitutions to give victims and their families constitutional rights similar to criminal defendants. Montana courts repealed Marsy\u2019s Law <a href=\"https:\/\/www.greatfallstribune.com\/story\/news\/2017\/11\/01\/montana-supreme-court-marsys-law-initiative-unconstitutional-victims-rights\/822077001\/\">late last year<\/a> because it conflicted with the state constitution.<\/p><p>Erin Sheley, a professor at the University of Oklahoma\u2019s College of Law, said SQ 794 would have a limited effect on criminal law in Oklahoma. Oklahoma already has a detailed list of rights for crime victims, which includes a requirement that victims and families are informed about important court dates.<\/p><p>Tulsa County Public Defender Corbin Brewster said SQ 794 would damage Oklahoma\u2019s court system.<\/p>\n<h3>What are the changes?<\/h3><p>Brewster doesn\u2019t like that SQ 794 requires crime victims be given a voice at important parts of a trial, like a defendant\u2019s bond and plea hearing. He said victims have a different set of interests than prosecutors and defense attorneys. Brewster worries victims could block plea agreements, which are used to settle most felony cases.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>Sheley doesn\u2019t think that victims speaking at these hearings will disrupt most criminal trials, but she said it could slow down and add costs to Oklahoma\u2019s already inefficient court system.<\/p><p>\u201cI am not a fan of having this at every single part of the process,\u201d Sheley said.<b> \u201c<\/b>Whenever the criminal justice system costs money and time, usually criminal defendants suffer.\u201d<\/p><p>Sheley said victims should have a voice at sentencing and later parole hearings, which state law currently allows.<\/p><p>Brewster is also afraid SQ 794 will complicate trials if attorneys try to interview victims and families, or ask them to produce evidence.<\/p><p>Sheley doubts that would be a problem.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>\u201cMaybe the victim wouldn\u2019t have to respond directly to requests for things, but the prosecution will always have to,\u201d Sheley said, adding that judges would still be able to order victims to cooperate.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>Another concern, Brewster said, is that SQ 794 could allow victims, their families or attorneys to disrupt trials by demanding the court enforce their rights.<\/p><p>Sheley is sympathetic. She said disruptions are possible, but argued there are times when courts should hear from victims and families, like when a defendant could be released on bond.<\/p><p>\u201cThe victim does have something to say about the ongoing dangerousness of the accused,\u201d Sheley said.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>Sheley said her biggest concern is that SQ 794<span class=\"Apple-converted-space\">\u00a0 <\/span>attempts to make crime victims\u2019 rights equal to the defendants\u2019 in court. She said defendants\u2019 rights stem from the U.S. Constitution and she\u2019s wary of creating situations where victims\u2019 rights could be pitted against defendants\u2019 rights in court. <span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>\u201cThat\u2019s inviting some problems,\u201d Sheley said.<span class=\"Apple-converted-space\">\u00a0<\/span><\/p><p>Sheley does not think SQ 794 will directly challenge defendants\u2019 constitutional rights. If a judge embraced state law over federal law, Sheley said the decision would be quickly addressed in federal court.<\/p>\n<h3>Access, empowerment<\/h3><p>Kelly Vierling glances at framed pictures of her son that she keeps on a file cabinet behind her desk. At the very least, she said SQ 794 would guarantee crime victims and their families have access to the information they need.<\/p><p>She said the state question is a crucial and necessary step toward helping people like her.<\/p><p>\u201cKnowledge is power for a victim,\u201d she said.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Marsy&#8217;s Law would make several changes to the state constitution. The campaign&#8217;s goal is to expand victims&#8217; rights in Oklahoma and put them on more equal footing with criminal defendants. <\/p>\n","protected":false},"author":201,"featured_media":30676,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[18],"tags":[937,939,941,938,936,935,940],"acf":[],"_links":{"self":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/30674"}],"collection":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/users\/201"}],"replies":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/comments?post=30674"}],"version-history":[{"count":3,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/30674\/revisions"}],"predecessor-version":[{"id":30689,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/posts\/30674\/revisions\/30689"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/media\/30676"}],"wp:attachment":[{"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/media?parent=30674"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/categories?post=30674"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/oklahoma\/wp-json\/wp\/v2\/tags?post=30674"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}