Date: 10-12-2023

Case Style:

State of Oklahoma v. Perry Lott

Case Number: CRF-1987-00219

Judge: A.C. Mayhue

Court: District Court, Pontotoc County, Oklahoma

Plaintiff's Attorney: Current Pontotoc District Attorney Erik Johnson

Defendant's Attorney: Joseph Norwood, Berry Charles Scheck, and Adnan Sultan

Description: Ada, Oklahoma: Perry Lott was exonerated in Ada, Oklahoma, after 35 years of wrongful conviction and 30 years of incarceration for a 1987 rape and burglary. Post-conviction DNA testing performed in 2014 from the survivor’s rape kit proved Mr. Lott did not commit this crime. The State’s case rested entirely on the survivors’s identification of Mr. Lott, which was based on a suggestive police lineup. No physical evidence connected Mr. Lott to the crime, and he did not match the physical description of the perpetrator.

Mr. Lott filed a motion to vacate his conviction in 2018 based on these exonerating DNA results and the problematic identification, but former District Attorney Paul Smith opposed the motion. Instead, on the eve of Mr. Lott’s evidentiary hearing, DA Smith offered only to modify Mr. Lott’s sentence — an offer Mr. Lott ultimately accepted on July 9, 2018. In doing so, Mr Lott was freed immediately and avoided the uncertainty of an extended incarceration while his motion to vacate was litigated.

In 2023, the Innocence Project approached newly elected District Attorney Erik Johnson and asked him to vacate Mr. Lott’s conviction based on the exonerating evidence. DA Johnson undertook a thorough review of the case and concluded that post-conviction DNA test results were “favorable” to Mr. Lott, and his conviction should be vacated.

“Mr. Lott has shown nothing but persistence and resilience in his 35 year long pursuit of justice. He would not give up on proving his innocence. Five years ago, all evidence pointed to his innocence, but he was denied justice. We are grateful to District Attorney Erik Johnson for his commitment to righting this wrong,” said Innocence Project Senior Staff Attorney Adnan Sultan.

“I have never lost hope that this day would come,” said Mr. Lott. “I had faith that the truth would prevail — even after 35 long years. I am grateful to everyone who supported me and helped in my fight for freedom. I can finally shut this door and move on with my life.”

“Former District Attorney Smith’s opposition to the irrefutable evidence of Mr. Lott’s innocence was a blatant miscarriage of justice,” said Barry Scheck, Innocence Project’s co-founder and special counsel. “This unwillingness to acknowledge the truth in addition to the systemic factors at play in Mr. Lott’s wrongful conviction cost him 35 precious years — and have plagued other wrongful conviction cases in Ada for decades.”


Court Docket:

11/10/1987 INFORMATION
11/10/1987 RIGHTS OF ACCUSED
11/10/1987 CM
11/17/1987 CM
11/20/1987 REQUEST LEGAL SERVICES AT STATE EXPENSE
11/20/1987 PAUPERS OATH & APPLICATION FOR CAC
11/23/1987 CM
12/03/1987 RET'D SUBPOENA
12/03/1987 MOTION TO ENDORSE ADDT'L WITNESS & ORDER
12/04/1987 AFFIDAVIT FOR ORDER FOR WITNESS OUT OF COUNTY
12/29/1987 SECTION B TO INFORMATION
01/06/1988 CM
01/06/1988 CM
01/06/1988 PH MINUTE CT.1
01/06/1988 PH MINUTE CT.2
01/06/1988 PH MINUTE
01/06/1988 PH MINUTE
12/28/1987 RET'D SUBPOENA
12/29/1987 MOTION TO SUPPRESS INDENTIFICATION
12/29/1987 MOTION FOR COURT TO VIEW LINE-UP VIDEO TAPE
01/13/1988 AMENDED INFORMATION
01/14/1988 MOTION TO OBTAIN FINGERNAIL SAMPLES
01/14/1988 MOTION TO REMAND FOR FURTER PH & ORDER
01/20/1988 CM (1/19/88)
02/03/1988 CM (2/1/87)
02/16/1988 MOTION FOR TECHNICAL REPORTS
02/16/1988 MOTION TO SUPPRESS IDENTIFICATION
02/16/1988 MOTION FOR DISCOVERY
02/12/1988 APPLICATION TO FURNISH DEFENDANT W/ TRANSCRIPT OF PH AT THE EXPENSE TO COUNTY
02/17/1988 ARRAIGNMENT AFTER PH
02/19/2007 AMENDED INFORMATION W/ SECTION B
02/23/1988 NOTICE OF INTENT TO CLAIM ALIBI DEFENSE
03/02/1988 ORDER
03/04/1988 DUCES TECUM SUBPOENA- CRIMINAL
03/04/1988 SUBPOENA
03/04/1988 SUBPOENA
03/07/1988 SUBPOENA
03/10/1988 COURT MINUTE FOR JURY TRIAL
03/10/1988 REQUESTED INSTRUCTION
03/10/1988 MOTION TO QUASH
03/10/1988 VERDICT - GUILTY RAPE, 1ST DEGREE
03/10/1988 VERDICT - GUILTY ROBBERY BY FEAR OF IMMEDIATE INJURY
03/10/1988 VERDICT - GUILTY BURGLARY, 2ND DEGREE
03/10/1988 VERDICT - GUILTY TELEPHONE FOR THREATS INVOLVING INCENDIARY DEVICE
03/10/1988 VERDICT - 100 YRS. RAPE, 1ST DEGREE
03/10/1988 VERDICT - 100 YRS. ROBBERY BY FEAR
03/10/1988 VERDICT - 50 YRS. BURGLARY, 2ND DEGREE
03/10/1988 VERDICT - 50 YRS. USING TELEPHONE FOR THREATS INVOLVING INCENDIARY DEVICE
03/22/1988 DESIGNATION OF RECORD
03/22/1988 APPLICATION FOR APPOINTMENT OF APPELLATE PUBLIC DEFENDER
03/22/1988 NOTICE OF INTENT TO APPEAL & REQUEST FOR PREPARATION OF
03/22/1988 RECORD & TRANSCRIPT OF EVIDENCE
03/23/1988 ORDER
04/14/1988 J & S ON CONVICTION CT. I
04/14/1988 J & S ON CONVICTION CT. II
04/14/1988 J & S ON CONVICTION CT. III
04/14/1988 J & S ON CONVICTION CT. IV
07/13/1988 INDEX TO RECORD ON APPEAL & CERTIFICATE
07/27/1988 AMENDED DESIGNATION OF RECORD
09/27/1988 CERTIFICATE OF APPEAL
09/29/1988 REQUEST FOR EXTENSTION OF TIME TRANSCRIPTS AND BRIEF
02/03/1994 FIRST APPLICATION FOR POST CONVICTION RELIEF & BRIEF IN SUPPORT
02/03/1994 AFFIDAVIT TO BE LEGALLY EXCUSED FROM BEING BARRED IN THIS CASE TRIAL COUNSEL FAILED TO DO HIS DUTY, AND APPEALLATE COUNSEL SHOULD HAVE BROUGHT SUCH FUNDAMENTAL ISSUE UP ON APPEAL AND SUCH FUNDAMENTAL ERROR IS AN EXCEPTION THIS IS CAUSE AND PREJUDICE THE MOST CRUCIAL ISSUE IN THIS CASE IS THAT TRIAL COUNSEL ILLICITED HIS
03/04/1994 MOTION FOR EVIDENTIARY HEARING ON POST CONVICTION
05/04/1994 WRIT OF MANDAMUS TO THE HONORABLE A.C. MAYHUE, JUDGE OF
THE DISTRICT COURT OF PONTOTOC COUNTY
05/06/1994 AMENDED APPLICATION FOR POST CONVICTION RELIEF
05/06/1994 APPLICATION FOR PRELIMINARY TRANSCRIPT @ PUBLIC EXPENSE
05/16/1994 LETTER TO JUDGE
05/23/1994 MOTION FOR EVIDENTUARY HEARING
12/29/1987 MOTION FOR COURT TO VIEW LINE-UP VIDEO TAPE
06/22/1994 APPLICATION FOR EVIDENTIARY HEARING & A MOTION FOR REVERSAL AND REMAND FOR NEW TRIAL SUPPRESSION OF VIDEO TAPE
07/07/1994 ORDER
07/19/1994 DESIGNATION OF RECORDS
07/19/1994 AFFIDAVIT MAY IT PLEASE THE COURT, TRIAL COURT RECORD REFLECT, COLORABLE SHOWING OF ACTUAL INNOCENSE
07/19/1994 AFFIDAVIT
07/19/1994 NOTICE OF INTENT TO APPEL
08/24/1994 CERTIFICATE OF APPEAL
08/24/1994 APPLICATION FOR AMENDED POST-CONVICTION RELIEF, AND APPLICATION FOR EVIDENTIARY HEARING
08/24/1994 BRIEF IN SUPPORT- OF MATTERS NOT PREVIOUSLY RAISED IN THIS CASE IDENTIFICATION BY EAR AND, VIDEO TAPE OF A VOICE, LINE-UP
08/26/1994 ORDER
08/26/1994 ORDER
09/08/1994 NOTICE OF INTENT TO APPEAL
09/15/1994 ORDER REMANDING FOR ENTRY OF ORDER STATING FINDINGS OF F FACT & CONCLUSIONS OF LAW
09/29/1994 CERTIFICATE OF APPEAL
09/29/1994 MOTION FO EVIDENTIARY HEARING
09/29/1994 CERTIFICATE OF SERVICE
09/29/1994 ORDER ENTERING FINDINGS OF FACT & CONCLUSIONS OF LAW
10/27/1994 ORDER AFFIRMING DENIAL OF APPLICATION FOR POST CONVICTION RELIEF
10/27/1994 ORDER AFFIRMING DENIAL OF ORIGINAL & AMENDED APPLICATIONS FOR POST-CONVICTION RELIEF
04/17/1995 PETITION FOR POST CONVICTION RELIEF, & PETITION FOR CERTIFICATION ORDER THAT PETITIONER HAS EXHAUSTED ALL HIS STATE REMEDIES
05/24/1995 ORDER DISMISSING APPLICATION FOR WRIT OF MANDAMUS
06/26/1995 ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS
08/03/1995 WRIT OF MANDAMUS TO THE HONORABLE THOMAS S. LANDRITH, JUDGE OF THE DISTRICT COURT OF PONTOTOC COUNTY
08/16/1995 ORDER DENYING MOTION FOR EVIDENTIARY HEARING, PETITION FOR POST CONVICTION RELIEF & PETITION FOR CERTIFICATION ORDER THAT PETITIONER HAS EXHAUSTED ALL HIS STATE REMEDIES
08/23/1995 NOTICE OF INTENT TO APPEAL
09/18/1995 CERTIFICATE OF APPEAL
09/27/1995 LETTER FROM DEFENDANT
09/29/1995 ORDER AFFIRMING DENIAL OF SECOND APPLICATION FOR POST-CONVICTION RELIEF
03/15/1996 STATEMENT OF PRISON ACCOUNT
03/15/1996 MOTION OF RELEASE OF DEFENDANT'S COPY OF TRANSCRIPT
04/04/1996 MOTION OF RELEASE OF DEFENDANT'S COPY OF TRANSCRIPT
05/22/1996 COURT MINUTE (5/22/96) MOTION IS GRANTED, ORDERED DEFENDANT BE FORWARDED COPIES OF PH TRANSCRIPT, TRIAL TRANSCRIPT, & SENTENCING TRANSCRIPT. $72.00 ON EACH COUNT TOTALLING $288.00
07/31/1991 DEP. BY DOC CK R# 1.44
11/21/1991 DEP. BY DOC CK R# .72
05/19/1992 DEP. BY DOC CK R# 2.16
09/03/1992 DEP. BY DOC CK R# 2.16
01/24/1993 DEP. BY DOC CK R# .80
02/25/1993 DEP. BY DOC CK R# 7.49
05/21/1993 DEP. BY DOC CK R# 9.43
09/23/1993 DEP. BY DOC CK R# .36
09/23/1993 DEP. BY DOC CK R# .31
03/14/1994 DEP. BY DOC CK R# .19
07/05/1994 DEP. BY DOC CK R# 1.25
10/26/1994 DEP. BY DOC CK R# .72
11/17/1994 DEP. BY DOC CK R# 2.16
03/01/1995 DEP. BY DOC CK R# 2.16
05/05/1995 DEP. BY DOC CK R# 2.16
08/04/1995 DEP. BY DOC CK R# 2.16
01/03/1996 DEP. BY DOC CK R# 2.16
06/11/1996 DEP. BY DOC CK R# 2.16
07/10/1996 DEP. BY DOC CK R# 1.44
09/30/1996 DEP. BY DOC CK R# 6.93
02/17/1997 DEP. BY DOC CK R# 9.27
03/24/1997 DEP. BY DOC CK R# 13.05
DEFENDANT'S BALANCE TO THIS DATE $217.32 $217.32
12/09/1997 DEP. BY DOC CK R# 1.68 $-215.64
12/27/2010 MOTION FOR TRANSCRIPTS AT PUBLIC EXPENSE
01/04/2011 NOTE: MAILED CERTIFIED COPIES OF TRIAL TRANSCRIPT & PH TRANSCRIPT TO DEF. AT D.C.C.C., P.O. BOX 220, HOMINY, OK 74035
05/15/2017 APPLICATION FOR POST-CONVICTION RELIEF PURSUANT TO 22 OKL. ST. ANN 1373.5
06/09/2017 ENTRY OF APPEARANCE AS CO COUNSEL FOR PETITIONER
07/10/2017 RESPONSE TO APPLICATION FOR POST-CONVICTION RELIEF FROM A JUDGMENT OF CONVICTION UNDER THE OKLAHOMA POST CONVICTION DNA ACT - 22 O.S. 2013 SECTION 1373 ET.SEQ. & MOTION FOR SUMMARY DISPOSITION ON THE PLEADINGS
08/21/2017 MOTION FOR CONTINUANCE
09/06/2017 ORDER GRANTING DEFENDANT'S MOTION TO CONTINUE
09/08/2017 MOTION AND SUPPLEMENTAL BRIEF IN SUPPORT OF PETITIONER'S REQUEST TO PRESENT EXPERT WITNESS ON EYEWITNESS IDENTICATION.
09/11/2017 RESPONSE TO PETITIONER'S MOTION & SUPPLEMENTAL BRIEF I OPPOSITION TO PETITIONER'S REQUEST TO PRESENT EXPERT WITNESS ON THE EYEWITNESS IDENTIFICATION PROPOSITION OF THE POSTCONVICTION DNA ACT - 22 O.S. 2013 SECTION 1373 ET.SEQ. & MOTION FOR SUMMARY DISPOSITION ON THE PLEADINGS
10/12/2017 ORDER SETTING FORTH HEARING ISSUES
11/02/2017 ORDER GRANTING STAY
11/13/2017 DESIGNATION OF RECORD FOR CERTIFIES ORIGINAL RECORD TO COURT OF CRIMINAL APPEALS OF OKLAHOMA
11/20/2017 COPY OF APPLICATION FOR COURT TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR WRIT OF PROHIBITION/MANDAMUS DIRECTING JUDGE TO ALLOW EXPERT TESTIMONY OF THE ISSUE OF EYEWITNESS IDENTIFICATION AT PETITIONER'S HEARING ON HIS APPLICATION FOR POST-CONVICTION RELIEF PURSUANT TO THE REQUIREMENT OS 22 OKL. ST. ANN SEC. 1373.5(A)
11/20/2017 BRIEF IN SUPPORT OF APPLICATION FOR COURT TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR WRIT OF PROHIBITION/MANDAMUS DIRECTING JUDGE TO ALLOW EXPERT TESTIMONY ON THE ISSUE OF EYEWITNESS IDENTIFICATION AT PETITIONER'S HEARING ON HIS APPLICATION FOR POST CONVICTION RELIEF PURSUANT TO THE REQUIREMENT OF 22 OKL. ST. ANN SEC 1373.5 (FILED WITH COURT OF CRIMINAL APPEALS)
02/13/2018 ORDER DENYING PETITION FOR EXTRAORDINARY WRITS
02/21/2018 ORDER SETTING HEARING DATE
07/03/2018 ISSUE WRIT OF HABEAS CORPUS AD PROSEQUENDUM $50.00
(Entry with fee only) $25.00
07/09/2018 ORDER AMENDING AND MODIFYING SENTENCE $-50.00
07/09/2018 MODIFIED & AMENDED JUDGMENT AND SENTENCE $-25.00
07/09/2018 EXHIBIT B RULES AND CONDITIONS OF PROBATION
07/09/2018 SPECIAL SUPERVISION CONDITIONS FOR SEX OFFENDERS
07/09/2018 ORDER RELEASING DEFENDANT FROM DEPARTMENT OF CORRECTIONS CUSTODY
07/11/2018 PONTOTOC COUNTY TRANSPORT COST SHEET $166.62
07/13/2018 RET'D WRIT OF HABEAS CORPUS AD PROSEQUENDUM $-166.62
07/13/2018 RET'D ORDER RELEASING DEFENDANT FROM DEPARTMENT OF CORRECTIONS CUSTODY
08/01/2018 ORDER WAIVING REMAINING COURT COSTS AND FEES
10/23/2018 APPLICATION TO FILE MOTION TO REOPEN APPLICATION FOR POST-CONVICTION RELIEF WITH SELECT EXHIBITS UNDER SEAL
12/07/2018 ORGINAL TRANSCRIPT OF SENTENCE MODIFICATION HEARING
12/11/2018 PELIMINARY RESPONSE TO PETITIONER'S APPLICATION TO FILE MOTION TO REOPEN APPLICATION FOR POST-CONVICTION RELIEF WITH SELECT EXHIBITS UNDER SEAL; REQUEST FOR ENTITLED TIME TO RESPOND FUTHER, REQUEST TO CONDUCT DISCOVERY; REQUEST TO ASCERTAIN AUTHORITY OF THE APPLICATION; AND REQUEST FOR THE CERTIFICATION OF CREDETIALS OF OUT-OF STATE ATTORNEYS; AND MOTIO FOR AN EVIDENTIARY HEARING CONCERNING THE SECOND EVIDENTIARY ISSUE RAISED BY PETITIONERS MOTION TO REOPEN DEALING WITH THE UNTIMELY DEATH OF A WITNESS IN THIS CASE
12/17/2018 ORDER GRANTING DEFENDANT'S APPLICATION TO FILE MOTION TO REOPEN APPLICATION FOR POST-CONVICTION RELIEF WITH SELECT EXHIBITS UNDER SEAL
01/15/2019 MOTION FOR WITHDRAWAL OF APPEARANCE (KAREN THOMPSON)
01/15/2019 ORDER
04/13/2020 ENTRY OF APPEARANCE
04/13/2020 PETITIONER'S MOTION TO REOPEN TO TEST RAPE KIT OF JANE DOE
04/13/2020 SEALED EXHIBIT "A" TO PETITIONER'S MOTION TO REOPEN TO TEST RAPE KIT OF JANE DOE (SEALED)
06/15/2020 ORDER STRIKING MOTION DOCKET DATE
04/14/2021 MOTION FOR LEAVE TO FILE AGREED ORDER TO COMPEL EVIDENCE SEARCH WITH EXHIBIT UNDER SEAL PURSUANT TO O.S.&24A.29
04/14/2021 ORDER TO COMPEL EVIDENCE SEARCH WITH EXHIBIT UNDER SEAL PURSUANT TO 51 O.S &24A.29
08/18/2023 SUPPLEMENTAL APPLICATION FOR POST-CONVICTION RELIEF PURSUANT TO 22 OKL.ST.ANN. 1373.5
09/19/2023 NOTICE OF HEARING
09/25/2023 MOTION TO ASSOCIATE COUNSEL (BARRY CHARLES SCHECK)
09/25/2023 ORDER ADMITTING TO PRACTICE
09/25/2023 MOTION TO ASSOCIATE COUNSEL (ADNAN OMAR SULTAN)
09/25/2023 ORDER ADMITTING TO PRACTICE
10/10/2023 AGREED ORDER VACATING CONVICTION AND DISMISSING WITH PREJUDICE

Outcome: Exonerated. Charges dismissed.

Plaintiff's Experts:

Defendant's Experts:

Comments: