Gene Stipe Saga Continues; Appeal Filed

Former State Senator Gene Stipe of McAlester doesn't have to report today to a prison hospital after all, his attorney says. Stipe will remain under house detention and his attorney says he doubts Stipe ever will have to report for another mental evaluation.

Defense attorney Clark Brewster said a notice of appeal puts on hold a judge's order requiring Stipe to receive up to four months of treatment and mental competency testing. He said the stay is in effect until the 10th U.S. Circuit Court of Appeals makes a ruling, which could take up to 18 months.

U.S. District Judge Ronald White had ordered Stipe, 81, to appear by noon today at a hospital designated by the Justice Department. It generally was assumed Stipe would return to the U.S. Medical Center for Federal Prisoners in Springfield, Mo., where he spent 11 days undergoing a mental evaluation in September.

"Honestly, I don't expect him (Stipe) ever to report to Springfield because I thoroughly believe the 10th Circuit will reverse Judge White's order,” Brewster said.

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