Man Sentenced To Death In Oklahoma Files For Clemency

Lawmakers are asking the courts to take another look at what they believe to be key evidence in the case of death row inmate Phillip Hancock. Hancock is scheduled to be executed next month for a 2001 double homicide.

“The board should recommend clemency and Governor Stitt should commute Hancock's sentence,”  said Rep. Kevin McDugle, (R ) Broken Arrow. Phillip Hancock was sentenced to death row for the 2001 murders of Robert Jett and James Lynch. Hancock has always argued that he acted in self-defense. “The state should never have pursued the death penalty in this case, yet here we are with another case that's undeserving of someone that's getting ready to be put to death,” said Rep. McDugle.

Hancock’s attorney, Shawn Nolan, presented new evidence during a press conference alongside lawmakers today. Nolan believes if this evidence had been presented to the jury, Hancock would not have received the death penalty. Hancock was allegedly lured to an Oklahoma City home in 2001, where Jett and Lynch were waiting for him. Nolan says that Hancock was unarmed, and was attacked at the home. “Jett was armed with a handgun and two knives and was high on methamphetamines. Jett attacked Hancock with a metal bar and ordered him to get in a locked cage,” said Rep. McDugle.

Nolan says both Jett and James were part of a motorcycle gang, and were known to be violent. Nolan presented three new documents today, including a declaration from Hancock's girlfriend at the time of the murders, who admitted in the letter: she “impulsively asked Bob if could pay him a few hundred dollars to get Phil off my back.”  The declaration goes forward to say she saw Phil the day after the murders, saying “Phil was badly beat up and he could hardly walk. Just breathing caused him a lot of pain. He had lumps and bruises and abrasions on his shins, his ribcage, and his head. He told me what happened at Bob's house, how Bob attacked him with a wrench and how Bob's friend held him down by his throat. Phil said Bob tried to put him in the cage, and that he knew if he let that happen, he'd never get out of here alive. He said he fought back and was able to get Bob's gun away from him. He told me that he shot them both.” She alleges that Phil was visibly upset at the time, and was in shock over what he had done.

The new evidence also includes a declaration written by Hancock’s trial lawyer at the time, who said he was struggling with alcohol and drug addiction during the time of the trial. He said in the declaration, “I am embarrassed by the job I did on this case. I did not do all that I could and should have done. I believed we could easily show that Phil was justified in his fear-driven reaction to Jett’s sudden temper.”

The third new piece of evidence is a hand-written letter from the foreman of the trial, saying “I have now learned about new information that came to light about this case…” going on to say “could it have changed my mind? I don't know.”

Representatives McDugle and JJ Humphrey say Hancock isn't deserving of the state’s harshest punishment. “When I think about the death penalty I think about heinous heinous crimes that are premeditated. He was attacked, he was fighting for his life and he took the lives of others,” said Rep. Humphrey, (R ) Lane.

In addition to clemency, Nolan is asking for the court to examine DNA that he claims was not presented in the trial. “If they test the DNA it would show that his blood while they were beating him with this metal pole his blood would be on their clothing and it would prove this struggle happened,” said Nolan.

Attorney General Gentner Drummond sent a statement saying, "Two Oklahoma courts have carefully considered Phillip Dean Hancock's request for DNA testing and properly rejected that request. It is telling that Hancock made this request almost five years after exhausting all his appeals. No amount of DNA evidence can prove Hancock's indefensible claim of self-defense. At trial, Hancock's own expert contradicted the defendant’s version of events. Hancock pursued an unarmed and injured Robert Jett Jr. into the backyard of Mr. Jett's home. A witness heard Mr. Jett say, ‘I'm going to die!’ and Hancock responded, ‘Yes, you are!’ before Hancock shot him again. The evidence is clear that Hancock murdered Mr. Jett and James Lynch."

Hancock has a clemency hearing set for November 8 and he is scheduled to be executed on November 30.