TULSA, Okla. — A Tulsa massage therapist's victims are taking their fight to the Oklahoma Supreme Court, arguing their rights were violated when his criminal records were expunged without their knowledge.
Wesley Cole was originally charged with raping multiple women. His charges were later reduced to assault as part of a plea deal that also included an immediate expungement of his records.
WATCH: Tulsa massage therapist's rape case victims fight to keep records public:
One of the victims, Holly, said she had to follow the proceedings through OSCN and felt left out of the process entirely.
"I was angry. Very very very very angry," Holly said.
Holly and her attorneys say any conversation about a plea deal never mentioned an automatic expungement.
"The streets of Tulsa are not safe with him on it," Holly said.
"That's why I didn't want it expunged because I want people to know what he's capable of," Holly said.
Attorney Rhiannon Thoreson believes the filing is the first of its kind in Oklahoma — where crime victims argue their rights were violated in a criminal case under Marsy's Law. That law guarantees crime victims are, among other things, notified of all proceedings, negotiations, and plea deals.
The victims also argue an immediate expungement should not have been a legal option in the case, because Cole was being convicted of a felony and had charges pending against him.
"It was sloppy. Not only sloppy, I think it was intentionally done that way. The prosecutors, the judge, they know what the law is and it was not followed," Thoreson said.
Attorneys Jay and Brett Swab represent Cole. They argue crime victims do not have standing to object to an expungement in court under state statute. Title 22 specifies the prosecuting agency, the arresting agency, and the OSBI may object to an automatic expungement. The Swabs also contend the plea-to-sentence timeline is incorrect, leaving Cole eligible for the expungement.
"We don't believe these individuals have the standing to bring this case and we are confident the Supreme Court will see it the same way," Jay Swab said.
"He's trying to move on with his life and I think this is an attempt for lawyers who are instigating this to add one minute or two minutes on their fifteen minutes," Brett Swab said.
Holly said she wants to be heard — not only for her own vindication, but for other women she says should be able to know whether someone has been charged with rape.
The Oklahoma Supreme Court has not yet made a decision on the challenge.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
Stay in touch with us anytime, anywhere --
- 2 News Oklahoma on your schedule | Download on your TV, watch for free. How to watch on your streaming device
- Download our free app for Apple, Android and Kindle devices.
- Like us on Facebook
- Follow us on Instagram
- Watch LIVE 24/7 on YouTube
