Thursday, August 15th 2024, 5:40 pm
A convicted triple murderer is suing the Oklahoma Pardon and Parole Board and state officials claiming he’s not being given an adequate opportunity for parole.
Dwain Thomas was 15 in 1997 when he murdered his mother, step-father, and step-grandfather. He claims the Oklahoma system needs an overhaul for juvenile offenders.
Thomas argues rulings by the U.S. Supreme Court forbid most all life without-parole sentences for juveniles. Thomas claims he’s been an excellent prisoner but has been unable to get a fair shot before the state’s pardon and parole board.
Booked in the Dick Conner Correctional Center on three life sentences for a crime at the age of 15, the now 44-year-old Thomas claims in court filings he has maintained an “outstanding” record behind bars, completing HVAC, journeyman, biblical and paralegal certifications while behind bars.
He actually filed his 45-page federal lawsuit himself in 2020. The judge dismissed the case later that year before it was resurrected on appeal to the 10th circuit.
Thomas claims the U.S. Supreme Court guarantees a “meaningful and realistic” opportunity for release for youthful offenders.
He said in court filings, the high court has found young people face “transient immaturity, vulnerability to external forces and character traits that are still being formed,” as reasons they should have a chance at parole.
Attorneys for the state argue “Oklahoma’s parole system was and continues to be a meaningful and realistic availability for inmates serving Life sentences who demonstrate their rehabilitation.”
In a joint court filing both sides agreed in a stipulation, “The Oklahoma Pardon and Parole Board’s policies do not make an express distinction between those whose offenses occurred as juveniles and those whose offenses occurred as adults.”
According to Court filings, Thomas is asking the federal judge to force the state’s prison system to provide a meaningful and realistic opportunity for inmates who were juveniles at the time of their crimes to demonstrate readiness for release.
Final witness lists, witnesses, and objections have all been filed in recent weeks signaling the case could soon be heading to trial.
The pardon and parole board told News 9 Thursday they cannot comment on pending litigation.
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