Bubbaworld

Case Updates – October, 2006:

Undersheriff Irene Perske is reportedly doing well in her recovery from her recent brush with death, an incident wherein she somehow managed to shoot herself in the neck with a .40 caliber Glock.

Richard Coy Cochran Jr., a state’s witness in the Elks Lodge gambling case, was arrested on an old ‘poaching warrant’ from 2005, he spent the night in jail and paid his fines the next day. Cochran was allegedly assaulted by John Stanley Moddrell on September 13th and reportedly told “You snitch on our Elks Lodge and this is what you get for it.” Initial reports indicated that Sheriff McMullen participated in the arrest. Subsequently it was reported that the Sheriff was not present but that two of his deputies detained Cochran until Game Warden Gene Pester could arrive to make the arrest.

The Chickasha, OK Elks Lodge issued “An Open Letter To All Lodge Members” announcing a ‘defense fund’ had been set up and solicited contributions from members. The letter said in part, “It is anticipated that several fund raising efforts will be forthcoming to help offset some of the costs associated with these charges. You can also help by donating to the effort by contributing to the “defense fund” each time you visit your Lodge. The individual Lodge members facing charges need your help and support.”

Case Updates – November, 2006:

True to their word the folks at the Elks Lodge were cranking up the money machine, as this announcement that “Garry & Brenda Milam to host Catfish Dinner November 10″ indicates. Reportedly additional ‘fund raising’ events were set for the month of November.

Counsel for Sheriff McMullen filed a motion to get DA Burns dismissed from the case claiming that since the DA serves as the legal adviser to county employees he may be called as a witness in the case and that he had been to the Elks Lodge previously and did not try to stop gambling. Additionally the motion claims that DA Burns’ brother distributes gaming machines in the area and that those machines are similar or identical to the ones at the lodge.

Case Updates – December, 2006:

Helen McMullen, a Chickasha Police Officer, is fired from the police department for cause. Sheriff’s Deputy Lt. Jim Peek resigns from the Sheriff’s department. Reportedly both become volunteer Reserve Deputies with the Sheriff’s Department.

Special District Judge Ken Harris of Comanche County rules that District Attorney Bret Burns can continue prosecuting Sheriff Kieran McMullen and seven others in connection with the Elks Lodge gambling case. The judge ruled that he did not have enough information to dismiss Burns from the case. Regarding the dismissal motion Burns was quoted in the media as stating, “They are just making up slanderous accusations I think to try to impress their clients and sway public opinion.”.

The District Attorney’s Office turned over all of its evidence, including several hours of video surveillance on the Lodge, transcribed interviews with various lodge members and officials, Lodge pay out receipts, alleged gambling paraphernalia, bank records and investigators’ reports to the defense prior to preliminary hearings. Typically evidence is turned over after preliminary hearings and before trial.

It was reported that documents filed in the case indicate that Grady County Sheriff Kieran McMullen and his wife paid more than $10,000 to the Elks Lodge during the year preceding the September, 2006 gambling raid. The documents also revealed that Helen McMullen in many instances wrote multiple checks of $100 on the same night and received numerous payments ranging from $50 to $550 for winning on the lodge’s electronic gambling machines. Her winnings reportedly total $3,160.

Within the evidence turned over to the defense and made public were transcripts of interviews with Sheriff Kieran McMullen, his wife Helen, Robert Cacy, Bill Swanson, Jim Peek, Delmer Barthelme, and Jerry Tyler.

In those interview transcripts Jim Peek was the only officer to readily admit he received cash for winning on the machines in the Elks Lodge. Peak reportedly said, “If you get ready to cash out you turn on a light and I guess a light lights up somewhere and the bartender comes out and cashes you out.“. Peak also stated he thought the machines were legal.

Helen McMullen also stated she thought the machines were legal. She told investigators, “It says for amusement only. It doesn’t pay out money and they have their tax stamp.”. Helen McMullen later clarified her statement by indicating that she thought it was legal because the machine itself did not pay out.

Sheriff McMullen admitted to investigators in his interview that he knew the games paid out but reportedly did so only after he had been told of the video surveillance. Sheriff McMullen was reported to have said, “I know that they, they have paid out, I have never, I have never witnessed it.”

Editor’s note: Be sure and watch for Part 4 of this series in which we cover the preliminary hearing for the accused. In that report we address what is arguably the ’screwiest defense’ ever dreamed up.