Judge tosses former Oklahoma state Sen. Gene Stipe petition

 
By the associated press | Published: November 22, 2008   

McALESTER — The judge calls it "rough justice.”

U.S. District Judge Ron White at the Eastern District of Oklahoma federal courthouse in Muskogee has dismissed a petition by federal prosecutors seeking to revoke former state Sen. Gene Stipe’s probation.

photo - Gene Stipe going into the Federal Courthouse in Muskogee for a hearing on whether he should be sent back to prison, Monday, October 15, 2007.  Photo By David McDaniel,  The Oklahoman ORG XMIT: KOD
Gene Stipe going into the Federal Courthouse in Muskogee for a hearing on whether he should be sent back to prison, Monday, October 15, 2007. Photo By David McDaniel, The Oklahoman ORG XMIT: KOD

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BACKGROUND

Stipe’s recent days in court

PREVIOUS MEDICAL STAYS

U.S. District Judge Ron White previously ordered former state Sen. Gene Stipe, shown above, to spend two separate stays in the federal medical center. The first, for two weeks, was for Stipe’s mental competency to be assessed. The second, which began last May, was a four-month stay to see whether the court believed Stipe’s competency could be improved enough for him to assist his attorneys in defending himself against the federal complaints. During a three-hour hearing held in October, White ruled that "I heard no evidence about improvement — none.” "This case will not go forward,” White said in October. However, it remained on the books until White’s order dismissing the petition to revoke the case.

Another case still waits

Another federal case, in which Stipe was indicted by a grand jury on charges including conspiracy, witness tampering and illegal monetary transactions, is still on file. It was placed on hold while the court determined the issue of Stipe’s competency.

PROBATION CONTINUES

Stipe is currently on probation until Jan. 26 for conspiracy and obstruction of a Federal Election Commission investigation into illegal donations made to Walt Roberts’ failed 1998 Congressional campaign.

THE ASSOCIATED PRESS

In his order dismissing the case, White concluded by saying "The sealed medical report regarding the defendant’s competency provided substantial evidence that he handled incarceration very poorly.”

"Perfect justice is often elusive,” White said. "Rough justice must therefore suffice.”

White also said Stipe, 82, of McAlester has essentially already served the sentence he would have been given if his probation had been revoked, through his two court-ordered stays at the U.S. Medical Center for Prisoners in Springfield, Mo.

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