DUNCAN — Emotions ran high as District Judge Joe Enos dismissed the charge of murder in the second degree and accepted Patricia Campbell’s plea of guilty to manslaughter in the second degree late Tuesday afternoon.
Campbell’s supporters embraced and appeared relieved while family members of John Slate, the baby’s father, shook their heads in disbelief.
“We need to get some laws changed. One small little word turned this whole case upside down,” said Slate, who was a witness for the prosecution.
The little word Slate referred to was the word “and” as it is used in the Oklahoma statute defining child neglect.
The court ruled that because “and” was used instead of “or,” all the elements listed in the statute: The lack of food, shelter, medical care, proper clothing and supervision, needed to be present for the felony charge to be applied, and testimony during Campbell’s trial focused only on a lack of supervision with a tragic outcome.
Assistant District Attorney Dennis Gay argued that the intent of the law was to list different kinds of neglect, rather than be taken as a whole package.
“We think the word ‘adequate’ applies to each element,” Gay explained. “Or you could keep a child naked in the yard with no shelter or medical care, but if you fed the child daily you would not be guilty of child neglect.
“I don’t think you have to commit every conceivable act of neglect to be charged with neglect.”
“Just because you charge someone, it doesn’t make it right,” countered John Stuart, Campbell’s defense attorney.
Gay then quoted a 2006 case, Townsend vs. the State of Oklahoma, heard by the Oklahoma Court of Criminal Appeals in which the court found a defendant guilty of neglect for failing only to provide proper medical care.
Enos, however, after a brief review, said the issue in the Townsend case involved a baby sitter and the issue was one of responsibility (for seeking medical care) rather than neglect.
Following the court’s ruling, Gay explained that about 15 years ago the state Legislature removed the child abuse and child neglect statutes from the criminal section of the state statutes and combined them into their own section: Title 10. He said the definitions listed in the law are the same definitions that child welfare workers with the Department of Human Services use every day, but they may not be written in perfect legal language.
Gay described the courtroom disagreement over the child neglect law as a “very professional” discussion between the lawyers and the judge.
“It’s just something that needs to be fixed,” concluded the assistant district attorney, “Either by the Court of Criminal Appeals, or by the state Legislature with the stroke of a pen.”
The legal disagreement was a little more personal for the victim’s father.
“I hope this is a wake-up call for people of Stephens County,” commented Slate. “I intend to contact our state legislators.
“Ms. Campbell may or may not have to serve a couple of years,” he said, “But my daughter got a life sentence.”
