2/1/2017 (updated 2/2/2017) - Attorneys for former Oklahoma City police officer Daniel Holtzclaw filed their formal appeal today in Oklahoma County.
Along with the appeal, a separate 'application for evidentiary hearing on sixth amendment claims' was also filed.
The 74-page brief of appeal covers seven propositions that Holtzclaw's defense team argues are grounds for reversal of his guilty verdict and subsequent 263 year prison sentence.
- Insufficient evidence presented to prove the alleged crimes.
- Prosecutors were allowed to combine all 13 accusers and 36 alleged crimes into a single trial. Thus, encouraging the jury to convict Holtzclaw based on a piling-on of allegations, rather than separating the unrelated accusers and crimes.
- Holtzclaw and the jurors were subjected to a 'circus atmosphere' within the court room that unfairly influenced the jury.
- Holtzclaw's right to due process was violated when prosecutors were allowed to shift the burden of proof onto Holtzclaw, argued facts not in evidence, improperly disparaged opposing counsel and flagrantly misrepresented the evidence.
- Ineffective assistance of defense counsel.
- The sentence of 263 years was unconstitutionally excessive.
- The totality of error at trial deprived Holtzclaw of due process in violation of the 5th and 14th Amendments of the US Constitution.
You can read the Brief of Appellant at the bottom of this article.
Brian Bates, who worked as the private investigator leading up to Holtzclaw's jury trial and now serves as the Holtzclaw family spokesperson, was interviewed by KWTV ch9's Lisa Monahan...
The 24-page 'application for evidentiary hearing on sixth amendment claims' argues that Holtzclaw's trial defense lawyer "failed to utilize available evidence or adequately investigate to identify evidence which could have been made available during the course of the trial."
You can read the Application for Evidentiary Hearing on Sixth Amendment Claims at the bottom of this article.
Now that Holtzclaw's defense team has filed their appeal, the prosecution will have an opportunity to reply - to which Holtzclaw's attorneys may file a second brief answering the prosecution's brief. Only then will the court of appeals take this matter under consideration.
This process can take a few months to over a year.
If the court of criminal appeals reverses the trial court's decision, the case will most likely be sent back to the trial court for a new jury trial or a modification of the original verdict and/or sentencing.
If the court of criminal appeals sides with the prosecution, then Holtzclaw can seek the opinion of a higher court.