Date: 12-22-2005

Case Style: State of Oklahoma vs. Alexander Frazier

Case Number: CM-2005-3279

Judge: Youll

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Zach Cabell and Irene Asai, Assistant District Attorneys

Defendant's Attorney: Glen R. Graham, Tulsa, Oklahoma

Description: Defendant was charged with misdemeanor domestic assault and battery.

Judge did not allow a jury instruction on self defense because defendant testified he "accidentally" may have made some contact with victim with the back of his hand when he was blocking her from spitting on him and the baby. Must use magic words "I was defending myself" in order to try to get a jury instruction on self defense. Instruction on domestic assault and battery requires finding of "without justification" and the jury did not find it was "without justification."

Two witnesses for the prosecutor. Alleged victim and police officer who took the report after the fact. Three witnesses for the defense. The defendant, his mother, and his new girlfriend.

The alleged victim claimed defendant struck her with the back of his hand while spitting on her and while defendant was holding the parties 2 year old baby in his other hand. Defendant claimed that he was holding the baby in one hand and that the alleged victim was trying to spit on him and that he blocked her spit with his other hand.

Both parties called the police. No pictures introduced but were available. Victim claimed to be sitting in drivers side of vehicle when she claimed defendant back handed her and hit her back handed on the "right side" of her face. This is probably not physically possible. State did not introduce the pictures that were of the "right side" of her face. No pictures of the left side.

Outcome: Found not guilty. The jury was out 30 minutes.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None