O'Reilly, Rivera Tee Off On McAlester Judge

From The McAlester News-Capital ~ Bill O’Reilly and Geraldo Rivera again condemned local District 18 Judge Thomas Bartheld on a national television program Friday night for his sentence of a child rapist.

During the O’Reilly Factor segment aired on Fox News, they expanded their criticism to include District Attorney Jim Bob Miller, and vowed to take their complaints to Oklahoma’s governor.

“I think the state of Oklahoma has to investigate,” O’Reilly said. “I’m going to ask the governor on Monday to launch an investigation into this and to explain to the American people why a child rapist, who raped not one but two, gets a year in prison. I think if we don’t investigate this, Geraldo, we don’t have a justice system in America.”

Read the entire story at http://www.mcalesternews.com/local/local_story_157175737.html.

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Francis Stipe Dead At Age 77

From The McAlester News-Capital ~ McAlester businessman and admitted felon Francis Stipe, 77, has died, a source says. It is unclear where Stipe died.

Stipe, the brother of former state Sen. Gene Stipe, also a convicted felon, was convicted on federal conspiracy, mail fraud, witness tampering and illegal monetary transactions charges. Sources say Stipe had aready paid a $500,000 fine.

[A source in McAlester says Stipe died of a stroke; he apparently was taken to McAlester Regional Medical Center, then transported to a Tulsa hospital where he died.]

[The Oklahoman's Tony Thornton reports: Confirming his death was Kelly Garrett, U.S. probation supervisor for the Eastern District of Oklahoma. Garrett's office prepared the presentencing report for Francis Stipe while also supervising Gene Stipe. "We haven't received the kind of confirmation that the court will require, but that is our understanding," Garrett said when asked about Francis Stipe's death.

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McAlester News-Capital: Francis Stipe's Attorney Wants To See Mike Mass Pre-sentencing Report

From The McAlester News-Capital ~ The attorney for indicted McAlester businessman Francis Stipe wants to see the pre-sentencing report of former District 17 state Rep. Mike Mass, of Hartshorne.

McAlester attorney Warren Gotcher, who is part of Stipe’s defense team, contends part of the report could be pertinent to his case.

Mass pleaded guilty in April to a single count of mail fraud in connection with an investigation by Eastern District of Oklahoma U.S. Attorney Sheldon Sperling’s office.

U.S. District Judge Ron White recently granted a request by Mass’ attorney to delay his sentencing so Mass can testify against Francis Stipe.Stipe currently faces a Feb. 4 trial date at the Eastern District of Oklahoma U.S Courthouse in Muskogee. He and his brother, former state Sen. Gene Stipe, of McAlester, were indicted by a federal grand jury in October on felony counts of conspiracy, mail fraud, witness tampering and illegal monetary transactions.

One of the four counts in a grand jury indictment against Stipe accuses him of witness tampering by purchasing the mortgage on Mass’ home.

In court documents filed this week at the federal courthouse, Gotcher said he’s asked whether Mass will be a witness in the case and federal prosecutors confirmed he will.

“At that point due to newspaper articles indicating that a sentencing date has been continued so that Mike Mass may cooperate with the government, the defendant (Stipe) requested among other things a pre-sentence report,” Gotcher said in court documents.

“The government believes the report is confidential and cannot produce it for the defendant,” Gotcher said. He said the attorneys involved in case “have conferred in good faith and cannot resolve the matter for themselves.” However, Gotcher contends that the federal government’s pre-sentence report on Mass could contain exculpatory information, or information which could help Stipe’s case, which Gotcher said Stipe and his attorneys should be allowed examine.

“The news media indicated that prior to sentencing Mike Mass decided to cooperate with the government,” Gotcher said. “The government would have Mass’ pre-sentence report. This report would have Mass’ sentencing range. The time to do would or could have changed his mind about cooperation.

“The report would also detail his involvement in the scheme to be bribed by Steve Phipps and his previous agreement, if any, to cooperate,” Gotcher said.

Phipps, the estranged business partner of Gene Stipe, has also pleaded guilty to mail fraud in connection with the grand jury probe.

If the court won’t order federal prosecutors to hand Mass’ pre-sentence report over to the defense, then Gotcher asked the court to examine the report and order that part of the report that is exculpatory material to be given to the defense.

The information may be useful in cross-examining Mass, Gotcher said.

Routinely in federal court, a pre-sentence report is conducted by U.S. probation officers prior to sentencing.

Stipe currently faces a Feb. 4 trial on a four-count federal indictment of mail fraud, conspiracy, witness tampering and illegal monetary transactions. Gotcher has asked that the trial be continued for a second time and White has set the matter for a hearing on Jan. 30.

Gotcher asked for the continuance because he said has recently received some additional 2,000 pages of discovery documents. Discovery refers to information which attorneys must share regarding evidence they plan to present during a trial.

Sperling told the News-Capital he won’t object to Gotcher’s latest motion for a continuance. He noted the decision will be up to the court.

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