Case Conclusion Date: October 24, 2011
Practice Area: Criminal Defense
Outcome: Jury Trial, Acquittal on All Counts
Description: CF-10-27, State v. Michael Jack Whitaker (Rogers County). Mr. Whitaker's step children, one male & one female, came forward in 2009 & accused Mr. Whitaker of rape, forcible sodomy, lewd molestation, physical child abuse, & child endangerment. The children claimed the abuse began in 2001 when the girl was five & the boy was six, & ended in 2003 when Mr. Whitaker moved out of the family home. The State formally charged Mr. Whitaker with two counts of lewd molestation, two counts of forcible oral sodomy, & two counts of child endangerment. In their written statements & forensic interviews, both children accused Mr. Whitaker of raping the female every other day, as well as forcing her to perform oral sex and touch Mr. Whitaker's penis. Both children claimed that the male child was forced to watch this alleged sexual abuse on two separate occasions. In addition to the step children, Mr. Whitaker had four biological children with the children's mother. Two of those biological male children were born with cerebral palsy. In addition to the sex crime allegations, the male stepchild accused Mr. Whitaker of various acts of physical child abuse: breaking his infant brother's (one of the boys with CP) leg in 2002; beating the children with a 2" x 4" beating the children with a bar of soap stuffed in a sock being the cause of the infant children's brain damage because he beat them so frequently as babies threatening to kill the children holding a knife to the mother's throat & threatening to kill her In an unusual reversal, a reverse Burks, if you will, the defense wanted to bring in all of the rape & physical abuse allegations as impeachment against the accusers, & the State wanted to keep it out. Mr. Whitaker took the stand in his own defense & denied all of the allegations. The jury acquitted him of all six counts after deliberating one hour and fifteen minutes.