Patricia Spottedcrow sits on her bunk in a dorm at the Dr. Eddie Warrior Correctional Facility in Taft in December. Spottedcrow is one year into her eight-year prison sentence for selling a small amount of marijuana to a police informant with her children present in Kingfisher. JOHN CLANTON/Tulsa World file
A Kingfisher woman serving an eight-year prison sentence on a first-time offense for selling $31 in marijuana is getting a chance at parole after the board unanimously agreed to hear her case early.
Patricia Spottedcrow, 26, is scheduled to appear on the Pardon and Parole Board's docket April 17-20 in Oklahoma City.
Board member Marc Dreyer of Tulsa had asked for a pre-docket investigation report on Spottedcrow. After reviewing the findings, he made a motion at the January board meeting to speed up her parole hearing.
Others agreed.
"I thought her case was worthy of consideration," Dreyer said.
Spottedcrow was arrested and charged for selling the marijuana to a police informant in December 2009 and January 2010. Her mother, Delita Starr, 51, was also charged.
Because children were in the home, a charge of possession of a dangerous substance in the presence of a minor was added.
In blind pleas before a judge, Spottedcrow received a 12-year sentence and her mother received a 30-year suspended sentence. Neither had prior criminal convictions.
At the time, Kingfisher County did not have a community sentencing program, such as a Drug Court or Women in Recovery.
When Spottedcrow was booked, after her sentence was handed down, marijuana was found in the jacket she was wearing. She pleaded guilty to that additional charge and was sentenced to two years running concurrent with the previous sentence.
After her story was published in the Tulsa World, a groundswell of support grew. Supporters expressed concern with possible racial bias, unequal punishment among crimes, women in prison, effects on children of incarcerated parents and extreme sentences for drug offenses.
In October, a Kingfisher County judge took four years off her sentence.
"It's fantastic the board is taking such an interest in this," said Oklahoma City attorney Josh Welch, who has been donating his services to represent Spottedcrow. "It speaks volumes that one member of the board, on his own, thought this is worthy to do."
Welch filed for post-conviction relief Tuesday, alleging the original attorney was ineffective and had a conflict in representing Spottedcrow and her mother. The petition also argues the sentence "is excessive and shocks the conscience."
In the filings and court records, the original defense attorney, Mark Clayborne, has since been convicted of two felony charges - perjury by subornation and allowing the introduction of a false exhibit as evident - after a jury trial in an unrelated case.
Clayborne's license to practice law in Oklahoma is suspended while he appeals the conviction and he will be disbarred if the conviction is upheld, court records show.
Clayborne has declined a request by Welch to provide a statement about Spottedcrow's case.
Welch said he will proceed with the appeal to contest the merits of her sentence and possibly get an early release from probation.
Welch called the move "a step in the right direction."
"Unfortunately, there are a lot of Patricia Spottedcrows in the state that many do not know about - where people have been incarcerated when there are better alternatives to treat them," Welch said.
Ginnie Graham 918-581-8376
ginnie.graham@tulsaworld.com
Original Print Headline: Spottedcrow to get early parole hearing
