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Defense attorneys push for juvenile court, judge to decide Monday

Posted at 5:27 PM, Sep 04, 2018
and last updated 2018-09-04 19:23:58-04

TULSA, Okla. -- In six days the Bixby football rape case could move to juvenile court. Tuesday, there was a three-hour re-certification hearing on the matter, but the judge left without making a decision.      

All four boys arrived separately from their parents.

"These young men need to be treated in the juvenile system," defense attorney Clark Brewster said.

The hearing started right on time.

"I want to make it clear that we are fighting these charges," Paul DeMuro said.

Before Tuesday's recertification hearing, all four teenagers went through multiple psychological evaluations and a youthful offender study through the Office of Juvenile Affairs.

The defense claims all four teens evaluations showed they were at low risk to re-offend, which qualifies them for juvenile court.

Prosecutors said this incident was far from "horseplay" and this behavior was aggressive and premeditated.

There was a heated moment when the defense questioned the woman who wrote the OJA reports on the four players. They showed a post from her personal Facebook claiming she wrote a post that said, "It's time for those rich white Bixby players to get what they deserve." The woman claims she never wrote the post. Defense attorney Clark Brewster says the post has since been deleted.

"I just think that's not something anyone that's doing an evaluation should be thinking," Brewster said. "Either way, whether it being someone of color or someone that she feels is financially better off, I think that's improper and we pointed that out to the court."

The judge denied that piece of evidence. Prosecutors brought up a state employee as a witness, claiming lead defense attorney Clark Brewster had a subpoena personally delivered to her house Friday evening, with a $22 check attached to it. The state said it ruined the employee's weekend and was part of a bribe. Brewster claimed the employee needed to show up to court.

The state didn't address the media, which isn't out of the ordinary during an ongoing case investigation. The defense said they were happy with today's outcome.

"We look forward to these boys to get their lives going forward," Brewster said.

2 Works for You first told you in July that all four teens were offered a plea deal in January, but turned it down. The judge will have a decision by Monday afternoon.

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