Francis Stipe Prosecutors Seek Blank Subpoenas

By James Beaty, Senior Editor, McAlester News-Capital ~ The U.S. Department of Justice’s case against McAlester businessman Francis Stipe is moving forward, with Assistant U.S. Attorney Gay Guthrie requesting 50 blank subpoenas.

Guthrie filed the request on behalf of federal prosecutors with the U.S. Court Clerk’s office for the Eastern District of Oklahoma in Muskogee.

The blank subpoenas will allow Guthrie and federal prosecutors with Eastern District of Oklahoma U.S. Attorney Sheldon Sperling’s offices to fill in the names of witnesses they want to summon to testify in the federal government’s case against Stipe.

Stipe and his brother, former state Sen. Gene Stipe, of McAlester, were indicted by a federal grand jury last October. The four-count indictment charged both men with conspiracy, mail fraud, witness tampering and illegal monetary transactions.

The trial of Francis Stipe is set for 9 a.m. on Feb. 4 at the Eastern District of Oklahoma U.S. Courthouse in Muskogee.

In a court order, Judge White has set a criminal pretrial conference for 9 a.m. on Jan. 30. The judge also ordered that requested jury instructions, verdict forms and trial briefs are due by noon on Jan. 29, or else attorneys must submit a notice of intent to plea.U.S. attorneys must submit their witness list at the pre-trial conference, along with an estimate of the amount of time needed for each witness.

The trial had originally been set for Jan. 7. However, Judge White granted the continuance until Feb. 4 after Francis Stipe hired Tulsa attorney John Carwile to join McAlester attorney Warren Gotcher as part of the defense team.

In asking for the continuance, Gotcher had said that Carwile needed more time to become acquainted with the case and had a pending trial on another matter.

The indictments against Francis and Gene Stipe revolve around allegations of illegal actions to steer state funds to private businesses, including some owned or partially owned by Gene Stipe, according to allegations in court documents.

Both Francis and Gene Stipe were accused in the indictment of witness tampering through the purchase of a mortgage on the house of former District 17 U.S. Rep. Mike Mass, of Hartshorne.

Mass has already pleaded guilty to mail fraud in connection with the federal grimed jury investigation. His sentencing has been delayed so he can testify against Francis and Gene Stipe, according to court documents.

Meanwhile, the case against Gene Stipe is pending a ruling by the U.S. 10th Circuit Court of Appeals in Denver, Colo.

Gene Stipe is appealing a ruling by Judge White which found him mentally incompetent. White also ordered Gene Stipe to report to the U.S. Medical Center for Prisoners for up to four months to see if he will respond to treatment, which theoretically might convince White that he is mentally competent to assist his lawyers in defending himself against the case the U.S. government has filed against him.

Gene Stipe has been ordered to remain under house arrest while awaiting a ruling on his appeal to the 10th Circuit Court.

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