Appeals Court Reverses Second Criminal Case Involving Judge Elliott

Adrianna Iwasinski, News 9

OKLAHOMA CITY -- The Oklahoma State Court of Criminal Appeals has reversed a two criminal case heard by Judge Ray Elliott.

Kassie Bills was convicted of killing her friend in March of 2007. The Oklahoma State Court of Criminal Appeals ruled she deserved a new trial because Judge Ray Elliott instructed the jury to quickly reach a verdict and not be "hard heads."

This is not the first case involving Judge Elliott that the court of criminal appeals has reversed.

Dane Kinter, who was convicted and sent to prison for stabbing a man outside his home, is also getting a new trial because the court said Judge Elliott abused his discretion.

Kinter's mother, Shari Copeland, has been fighting for justice for her son for the past two years. Not only has she been fighting for him, but for the little boy Kinter hasn't had a chance to see grow up.

Copeland said she savors every moment with her 2-year-old grandson, but she wishes her son could do the same.

"He reminds me so much of his daddy when he was little," Copeland said.

Kinter hasn't seen his son since he was a baby.

"Not since he was about six months old," Copeland said, but she said she is holding out hope for the day father and son will be reunited.

"I want justice. Of course, I want my son home and I want my grandson to have his father home," Copeland said.

Kinter accepted a guilty plea for stabbing a former friend of his in the back. His mother said it was in self-defense and said Kinter hired a private attorney to represent him. But when the money ran out, that attorney tried to quit. The judge in the case, Ray Elliott, refused to allow her to withdraw or to appoint a public defender to represent Kinter.

"It's not right what they've done to my son," Copeland said. They've denied him his civil rights to a public defender. They denied him a fair trial."

Last month, to Copeland's relief, the appeals court agreed. The court ruled Kinter should have been allowed to withdraw his plea and that Judge Elliott had abused his discretion when he denied Kinter's request for a court-appointed attorney.

"It's the end of a nightmare," Copeland said. "I feel like for the first time in two years I woke up and I have hope."

But, Copeland said, she knows the legal fight is far from over.

"Yes, he's going to be released from prison, but he's still going to go to jail," Copeland said.

And that is where Kinter will have to wait until the district attorney's office decides what to do with his case.

All Copeland wants is for her child to come home.

"And that's what we're praying for. I just have to have faith that God didn't bring us this far to end it now," Copeland said.

The district attorney's office does plan to retry the case and it will go before Judge Elliott.

Copeland said she doesn't have a problem with the D.A.'s office doing that, but she is concerned about Judge Elliott hearing the case again.

Judge Elliott declined to comment on the case since it is still pending.