Date: 09-23-2013

Case Style: State of Oklahoma v. Gregory Antwon O'Neal and Tamara Michelle Matthews a/k/a Tamara Mathews

Case Number: CF-2011-780

Judge: James Caputo

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Sarah McAmis and Ben Fu

Defendant's Attorney: Tulsa County Public Defender's Office for Tamara Matthews

Jill Webb and Michael Manning for Gregory Antwon O'Neal

Description: The State of Oklahoma charged Gregory Antwon O'Neal and Tamara Michelle Matthews a/k/a Tamara Mathews with:

Count # 1. Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7 Date Of Offense: 05/17/2007

Party Name: Disposition Information: O'NEAL, GREGORY ANTWON Disposed: CONVICTION, 09/23/2013. Jury Trial. Count as Disposed:CHILD ABUSE MURDER (HM11) Violation of 21 O.S. 701.7

Count # 2. Count as Filed: HM11, CHILD ABUSE MURDER , in violation of 21 O.S. 701.7 Date Of Offense: 05/17/2007

Party Name: Disposition Information: Guilty

The State claimed: GREGORY ANTWON O’NEAL, on or about 5/17/2007, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of CHILD ABUSE MURDER, a Felony, by unlawfully, feloniously, and willfully effecting the death of Tianna Marie O’Neal, a baby who was less than 2 months of age, during which time the defendant was the biological parent of the baby and was responsible for her care and welfare, by inflicting upon Tianna Marie O’Neal injuries including a skull fracture, subdural hemorrhages, extensive crushing injuries to the arm and buttocks and bruising on the buttocks, shoulder and back, and thereby causing Tianna Marie O’NeaI to languish and die on the 18th day of May, 2007,

OR IN THE ALTERNATIVE

GREGORY ANTWON O’NEAL, on or about 5/17/2007, in Tulsa County, State of Oklahoma and within the jurisdiction of this Court, did commit the crime of PERMITTING CHILD ABUSE MURDER, a Felony, by unlawfully, feloniously, and willfully without authority of law, effect the death of TIANNA MARIE O’NEAL, a baby who was less than 2 months of age, during which time the defendant was the biological parent of the baby and was responsible for her care and welfare, by inflicting upon TIANNA MARIE O’NEAL injuries including skull fracture, subdural hemorrhages, extensive crushing injuries to the arm and buttocks and bruising on the buttocks, shoulder and back, and thereby causing TIANNA MARIE O’NEAL to languish and die on the j8th of May, 2007.

Contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the State.

Title 21 O.S. 701.7 provides:

A. A person commits murder in the first degree when that person unlawfully and with malice aforethought causes the death of another human being. Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.

B. A person also commits the crime of murder in the first degree, regardless of malice, when that person or any other person takes the life of a human being during, or if the death of a human being results from, the commission or attempted commission of murder of another person, shooting or discharge of a firearm or crossbow with intent to kill, intentional discharge of a firearm or other deadly weapon into any dwelling or building as provided in Section 1289.17A of this title, forcible rape, robbery with a dangerous weapon, kidnapping, escape from lawful custody, eluding an officer, first degree burglary, first degree arson, unlawful distributing or dispensing of controlled dangerous substances or synthetic controlled substances, trafficking in illegal drugs, or manufacturing or attempting to manufacture a controlled dangerous substance.

1. Except as provided in paragraph 3 of this subsection, the term "synthetic controlled substance" means a substance:

a. the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II,

b. which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or

c. with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

2. The designation of gamma butyrolactone does not preclude a finding pursuant to paragraph 1 of this subsection that the chemical is a synthetic controlled substance.

3. Such term does not include:

a. a controlled substance,

b. any substance for which there is an approved new drug application,

c. with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption, or

d. any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

C. A person commits murder in the first degree when the death of a child results from the willful or malicious injuring, torturing, maiming or using of unreasonable force by said person or who shall willfully cause, procure or permit any of said acts to be done upon the child pursuant to Section 843.5 of this title. It is sufficient for the crime of murder in the first degree that the person either willfully tortured or used unreasonable force upon the child or maliciously injured or maimed the child.

D. A person commits murder in the first degree when that person unlawfully and with malice aforethought solicits another person or persons to cause the death of a human being in furtherance of unlawfully manufacturing, distributing or dispensing controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act, unlawfully possessing with intent to distribute or dispense controlled dangerous substances, or trafficking in illegal drugs.

E. A person commits murder in the first degree when that person intentionally causes the death of a law enforcement officer, correctional officer, or corrections employee while the officer or employee is in the performance of official duties.

Outcome: 08-12-2013 CTFREE - O'NEAL, GREGORY ANTWON 86472385 Aug 20 2013 5:25:19:913PM - $ 0.00

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, REPRESENTED BY JILL WEBB AND MICHAEL MANNING. STATE REPRESENTED BY SARAH MCAMIS AND BEN FU. COURT REPORTER: TINA ROSE. STATE'S MOTION TO COMPEL DISCOVERY IS MOOT. DEFENDANT MOTION OF INTENT TO CALL DEFENDANT WITNESS IS MOOT. DEFENDANT STATEMENTS TO POLICE ARE VOLUNTARY. DEFENDANT WAIVES JACKSON V. DENO HEARING, STATEMENTS ARE ALLOWED IN. COURT PROHIBITS TESTIMONY/EVIDENCE OF DEFENDANT O'NEAL STATEMENTS ABOUT BEING IN TROUBLE IN THE PAST. DEFENDANT MATTHEWS MOTION IN LIMINE REFERENCE HER INVOCATION OF 5TH AMENDMENT RIGHT TO NOT ANSWER QUESTIONS: AS TO POLICE INVESTIGATION (INTERVIEW), EVERYTHING COMES IN. DEFENDANT WAIVES ANY APPELLATE ISSUE RELATED TO PLAYING THIS INTERVIEW. AS TO DHS INTERVIEW, EVERYTHING BEFORE SHE REQUESTED COUNSEL IS IN, ONLY. DEFENDANT MAY NOT SUGGEST NEGATIVE INFERENCE, THAT DEFENDANT INVOKED 5TH AMENDMENT RIGHT TO TERMINATE INTERVIEW. STATE REQUEST PROHIBITION OF TESTIMONY REFERENCE POLYGRAPH IS RESERVED FOR 8-13-2013. DEFENDANT MATHEWS'S ORAL MOTION TO SEVER IS GRANTED. JURY TRIAL FOR MATHEWS IS RESET FOR 3-31-2014 AT 1:30 P.M... HEARING SET TO DETERMINE IF MS. JIMERSON HAS CONFLICT PER RULE 1.9 IS SET FOR 8-27-2013 AT 9:00 A.M. STATE MOTION FOR DEMONSTRATIVE AIDE - I.E. - COMPUTER ANIMATION AND DEFENDANT O'NEAL MOTION IN LIMINE TO EXCLUDE IS RESERVED. STATE MOTION IN LIMINE A) TIMING OF DEATH & FILING OF CHARGES PROHIBITED IS GRANTED. B) DEFENSE WITNESS LAUREN CHANDLER TESTIMONY WILL BE ALLOWED IN ONLY IF STATE EXPERT TESTIFIES THAT NO BABY AT THAT AGE CAN ROLL OVER. C) STATE EVIDENCE SLIDES AND M. E. OFFICE CONFESSED. COURT PROHIBITS TESTIMONY/EVIDENCE@ LOST SLIDES AND MISLABELED SLIDES. D) STATE MOTION TO PROHIBIT DEFENDANT CHARACTER WITNESSES IS RESERVED UNTIL 8-13-2013. E) DHS INVESTIGATION AND FINDINGS: DEFENDANT CONFESSED PROHIBITS EVIDENCE ABOUT DHS FINDINGS. DEFENDANT STIPULATES TO AUTHENTICITY AND ADMISSIBILITY OF MEDICAL RECORDS AND PHOTOCOPIES OF DEFENDANT HOUSE. COURT RECOGNIZED BACK GLORIA WALTON AND JOEL BROADWAY FOR 8-13-2013. JEREMY YERTON AS CASE AGENT IS GRANTED OVER DEFENDANT'S OBJECTION. STATE OFFERS NO RECOMMENDATION AND DEFENDANT OFFERS NO RECOMMENDATION. JURY TRIAL FOR O'NEAL CONTINUED TO 8-14-2013 AT 9:00 A.M.

08-12-2013 CTFREE - MATTHEWS, TAMARA MICHELLE 86472388 Aug 20 2013 5:26:27:273PM - $ 0.00

JUDGE JAMES CAPUTO: DEFENDANT PRESENT, REPRESENTED BY JILL WEBB AND MICHAEL MANNING. STATE REPRESENTED BY SARAH MCAMIS AND BEN FU. COURT REPORTER: TINA ROSE. STATE'S MOTION TO COMPEL DISCOVERY IS MOOT. DEFENDANT MOTION OF INTENT TO CALL DEFENDANT WITNESS IS MOOT. DEFENDANT STATEMENTS TO POLICE ARE VOLUNTARY. DEFENDANT WAIVES JACKSON V. DENO HEARING, STATEMENTS ARE ALLOWED IN. COURT PROHIBITS TESTIMONY/EVIDENCE OF DEFENDANT O'NEAL STATEMENTS ABOUT BEING IN TROUBLE IN THE PAST. DEFENDANT MATTHEWS MOTION IN LIMINE REFERENCE HER INVOCATION OF 5TH AMENDMENT RIGHT TO NOT ANSWER QUESTIONS: AS TO POLICE INVESTIGATION (INTERVIEW), EVERYTHING COMES IN. DEFENDANT WAIVES ANY APPELLATE ISSUE RELATED TO PLAYING THIS INTERVIEW. AS TO DHS INTERVIEW, EVERYTHING BEFORE SHE REQUESTED COUNSEL IS IN, ONLY. DEFENDANT MAY NOT SUGGEST NEGATIVE INFERENCE, THAT DEFENDANT INVOKED 5TH AMENDMENT RIGHT TO TERMINATE INTERVIEW. STATE REQUEST PROHIBITION OF TESTIMONY REFERENCE POLYGRAPH IS RESERVED FOR 8-13-2013. DEFENDANT MATHEWS'S ORAL MOTION TO SEVER IS GRANTED. JURY TRIAL FOR MATHEWS IS RESET FOR 3-31-2014 AT 1:30 P.M... HEARING SET TO DETERMINE IF MS. JIMERSON HAS CONFLICT PER RULE 1.9 IS SET FOR 8-27-2013 AT 9:00 A.M. STATE MOTION FOR DEMONSTRATIVE AIDE - I.E. - COMPUTER ANIMATION AND DEFENDANT O'NEAL MOTION IN LIMINE TO EXCLUDE IS RESERVED. STATE MOTION IN LIMINE A) TIMING OF DEATH & FILING OF CHARGES PROHIBITED IS GRANTED. B) DEFENSE WITNESS LAUREN CHANDLER TESTIMONY WILL BE ALLOWED IN ONLY IF STATE EXPERT TESTIFIES THAT NO BABY AT THAT AGE CAN ROLL OVER. C) STATE EVIDENCE SLIDES AND M. E. OFFICE CONFESSED. COURT PROHIBITS TESTIMONY/EVIDENCE@ LOST SLIDES AND MISLABELED SLIDES. D) STATE MOTION TO PROHIBIT DEFENDANT CHARACTER WITNESSES IS RESERVED UNTIL 8-13-2013. E) DHS INVESTIGATION AND FINDINGS: DEFENDANT CONFESSED PROHIBITS EVIDENCE ABOUT DHS FINDINGS. DEFENDANT STIPULATES TO AUTHENTICITY AND ADMISSIBILITY OF MEDICAL RECORDS AND PHOTOCOPIES OF DEFENDANT HOUSE. COURT RECOGNIZED BACK GLORIA WALTON AND JOEL BROADWAY FOR 8-13-2013. JEREMY YERTON AS CASE AGENT IS GRANTED OVER DEFENDANT'S OBJECTION. STATE OFFERS NO RECOMMENDATION AND DEFENDANT OFFERS NO RECOMMENDATION. JURY TRIAL CONTINUED TO 8-14-2013 AT 9:00 A.M.

08-13-2013 CTJURY - O'NEAL, GREGORY ANTWON 86497780 Aug 22 2013 6:04:52:737PM - $ 0.00 JUDGE JAMES CAPUTO: DEFENDANT PRESENT AND REPRESENTED BY JILL WEBB AND MICHAEL MANNING. STATE REPRESENTED BY SARAH MCAMIS AND BEN FU. COURT REPORTER TINA ROSE. CASE CALLED FOR JURY TRIAL AND PARTIES ANNOUNCE READY FOR TRIAL. THE JURORS ARE CALLED AND SWORN AS TO QUALIFICATIONS. THE JURY IS IMPANELED AND EXAMINED FOR CAUSE. SIX (6) JURORS ARE EXCUSED FOR CAUSE: THE JURORS ARE ACCEPTED FOR CAUSE. PEREMPTORY CHALLENGES ISSUED BY THE STATE OF OKLAHOMA: PEREMPTORY CHALLENGES ISSUED BY THE DEFENDANT: THE JURORS ARE ACCEPTED AND SWORN TO TRY THE CAUSE: THE ALTERNATE JURORS ARE SELECTED. THE RULE OF SEQUESTRATION WAS INVOKED. REDACTED INTERVIEW GIVEN TO DEFENDANT. COMPUTER ANIMATION DEMONSTRATIVE AIDES GIVEN TO DEFENDANT. STATE MOTION TO PROHIBIT REFERENCE TO POLYGRAPH GRANTED. COURT ORDERS REDACTION. DEFENDANT REURGES REDACTION RULING. STATE PRESENTS EVIDENCE AND RESTS. DEFENDANT DEMURS AND THE DEMURRER IS OVERRULED. DEFENDANT PRESENTS EVIDENCE AND RESTS. DEFENDANT MOVES FOR DIRECTED VERDICT AND IS OVERRULED. BOTH SIDES REST. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVES AND AT 6:30 P.M. ON 8-19-2013, THE BAILIFF AND JURY RETIRE FOR DELIBERATION. AT 8:35 ON 8-19-2013, THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT, WHICH IS READ IN OPEN COURT AND IS TO WIT: WE, THE JURY IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO UPON OUR OATHS FIND THE DEFENDANT GUILTY OF THE CHARGE OF CHILD ABUSE MURDER AND FIX PUNISHMENT AT LIFE WITHOUT PAROLE AND A FINE IN THE AMOUNT OF $10,000.00. JURORS CONCURRING, SIGNED BY FOREMAN. JURY DISCHARGED. COURT ORDERS DEFENDANT TAKEN INTO CUSTODY. BOND EXONERATED. DEFENDANT REQUESTS PSIR. NEW BOND SET IN THE AMOUNT OF HOLD WITHOUT BOND. FORMAL SENTENCING SET FOR 9-23-2013 AT 9:00 A.M... TWELVE (12) WITNESSES SWORN AND TESTIMONY HEARD IN TRIAL.

09-23-2013 CONVICTED 1 O'NEAL, GREGORY ANTWON 86845387 Sep 25 2013 4:11:13:263PM - $ 0.00

JUDGE JAMES CAPUTO: DEFENDANT PRESENT IN CUSTODY, REPRESENTED BY MICHAEL MANNING. STATE REPRESENTED BY SARAH MCAMIS. COURT REPORTER: TINA ROSE. DEFENDANT HAVING PREVIOUSLY BEEN FOUND GUILTY BY JURY TRIAL, COURT FINDS DEFENDANT GUILTY AND SENTENCE DEFENDANT TO LIFE WITHOUT PAROLE IN THE DEPARTMENT OF CORRECTIONS FINED $10,000.00 PLUS COSTS. DEFENDANT ADVISED OF APPEAL RIGHTS, COMMITMENT FOR PUNISHMENT ISSUED. JUDGMENT & SENTENCE ISSUED. RULE 8 HEARING SIGNED. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED. RULE 8 HEARING SIGNED. DEFENDANT TO REPORT TO COSTS ADMINISTRATION WITHIN TWO (2) OF RELEASE TO MAKE ARRANGMENTS TO PAY FINES AND COSTS. DEFENDANT REQUEST IMMEDIATE TRANSPORTATION. NOTICE OF INTENT TO APPEAL SIGNED. COURT APPOINTS. O.I.D.S. TO REPRESENT DEFENDANT ON APPEAL

Tamara Matthew pleaded guilty and was sentenced to 10 years in prison.

Plaintiff's Experts:

Defendant's Experts:

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