The Daily Oklahoman from Oklahoma City, Oklahoma • 63

THE DAILY OKLAKOMAN Wednesday' June 5 1951 Macy to Appeal Dismissal of Conviction in Child's Death Bv Tim Farley StafT Writer Oklahoma County prosecutors said Tuesday they will ask a state ippeals court to reconsider its dismissal of a manslaughter against a man who confessed killing and dismembering an boy. Oklahoma County District Attorney Robert Macy said he will ask attorney general to file the for mal request for a rehearing. The attorney general's office handles all appeals on behalf of district attorney, s. The Court of Criminal Appeals voted 3-2 to reverse the 1986 manslaughter conviction of Robert Paul Thornburgh, who confessed to killing Robert Seeton a year earlier. A jur sentenced Thornburgh to 60 years in prison.

"We just want to convince one of prosecutors failed to prove, independently of Thornburgh's confession, that he committed the crime. Despite the order to dismiss the conviction. Macy said he still believes prosecutors proved Thornburgh was responsible for the boy's death. During the trial, prosecutors submitted evidence that Thornburgh was the last person to see the boy alive. T'-o witnesses testified the other (three) judges that this is bad law," Macy said.

"It's a very close decision, and we're going to try and get it changed." In the majority opinion written by Judge Ed Parks, the judges decided prosecutors never proved a crime was The judges also questioned the trustworthiness of Thornburgh's confession to police. Parks wrote in the opinion that in 1986, and confessed to killing Seeton. Thornburgh was convicted in Texas for assault with intent to commit rape and lewd or indecent acts with a child. During the trial, Thornburgh said he knew where the body was only because he buried it. Dr.

Larry Balding of the state medical examiner's office testified in 1986 that he could not determine a cause or manner of death. Thornburgh. 24. told them where the body was. and that the boy's arms and legs were cut off and placed in a bag.

Seeton disappeared July 10. 1985, and his body was found July 29. 1985, under a vacant house after a dog dragged a human limb into the open. The body had been partially eaten by animals. Thornburgh was arrested in Abilene, Texas, on unrelated charges Investigators' Hunt for Bodies Turns Up None Muskogee Man Files Claims Over Jailing MUSKOGEE (AP) Muskogee County officials are looking into a claim that a Muskogee man arrested for public drunkenness was kept in jail eight days before he was brought before a judge.

Donnie Templeton is seeking $100,000 apiece from the city of Fort Gibson and Muskogee County, claiming wrongful imprisonment. County commissioners deferred action Monday night on the claim so they could seek District Attorney Drew Edmondson's opinion. "So far, from what I've been able to determine, he was in our jail," Edmondson said. "Now I'm trying to find out the reason for the delay." The Fort Gibson town board also is looking into the claim, city attorney James Carnagey said, but no decisions have been reached. Fort Gibson police arrested Templeton Feb.

1 on a public drunkenness complaint, said Jim McClure, Templeton's attorney. He was booked into the Muskogee County-City Detention Facility, where he remained until Feb. 9, apparently without going before a judge, McClure said. A recent U.S. Supreme Court ruling requires that all prisoners be allowed to appear before a magistrate within 48 hours of their arrest.

The magistrate is to determine whether there is good cause to keep a prisoner in jail. Templeton finally got out by calling McClure, who was representing him on another case. "I went up there and said, 'Judge, I've got a guy in jail and I don't know McClure said. Special District Judge Robin Adair ordered Templeton brought to court, heard his story and ordered him released. Templeton had a pending felony charge at the time of his arrest.

But he had posted bond and had no other reason to be held, McClure said. "I don't know what broke down, if the county messed up or the city," McClure said. "It's kind of amazing that somebody could sit up there eight days before ever going before a judge." 3y Mark A. Hutchison Lawton Bureau PAULS VALLEY several tons of earth shoved around Tuesday inside a Gar-rin County barn, and i black Labrador re-riever trained in buried bodies ndicated it found a rave or two. But after about hours of digging, investigators found no idditional bodies vhere the remains of me man were found ast month.

However, two tractor ire tubes, which investigators say may lave been used to ransport bodies to the ite. were found along he outside north wall )f the barn. Bud Argo, an investigator for District At-orney Tully McCoy, the tubes will be to an Oklahoma State Bureau of Inves tigation laboratory for analysis. The tubes were split and the ends were tied together with rope. The district attorney's office initiated Tuesday's probe after receiving information concerning the alleged murder of Jerry Dean Herring.

Herring's remains were uncovered May 15 in the barn. Garvin County commissioners lent a back-hoe and operator to perform the digging. Also on hand were Robert Brooks, state archaeologist; Wewoka Police Department members Lynn and Kathy Hudson; and Smokie, a dog trained to sniff out narcotics and cadavers. Smokie excitedly scratched out two spots inside the barn including the location where the tractor tubes later were dis covered. Handler Lynn Hudson rewarded the dog with a tennis ball.

"He's probably the only dog in the state that's had a confirmed find of a body." Hudson said. After Herring's remains were found, the suspect in the murder, Glenn Cuniff, was interviewed by authorities. Cuniff, 52, referred to the barn as an apartment for people like Herring. Subsequent interviews with witnesses also led investigators to believe there may be additional bodies on the property. Cuniff is suspected of murdering Herring in September 1987.

Cuniff, already imprisoned at the Oklahoma State Penitentiary on an unrelated conviction, is facing a count of first-degree murder in Murray County in connec- Start Photo by Paul Hellslern Smokie, a Labrador retriever trained to sniff out hidden human remains, indicates a spot inside a Garvin County barn. Looking on are handler Lynn Hudson and Bud Argo, right, of the Garvin County district attorney's office. Lawmen found what they suspected to be makeshift body bags. tion with Herring's death. He appeared briefly Tuesday before Associate District Judge Tim Colbert.

Cuniff said he did not have an attorney. Colbert told him to fill out the necessary paperwork for court-appointed counsel, and to reappear Wednesday. Two material witnesses, including Cun-iffs son, Jeff, are be ing held in the county jail. The witnesses said they participated in Herring's burial, and that they fear for their lives if they are released. Kent Watson, Mur ray County assistant district attorney, said he will seek the death penalty for the elder Cuniff.

No motive has been released in Herring's slaying. Festival to Show Non-registered Indians' Work this year because of the arts and crafts law. City near the Myriad Convention Center. The art show will feature the work of four artists, Troy Anderson of Siloam Springs, Wayne Cooper of Depew, and Amado Maurilio Pena Jr. of Austin, some of whom did not sign up for Red Earth istered tribe member or a person certified by a tribe.

Red Earth '91, Friday through Sunday, features America's largest intertribal gathering. Thousands of American Indians are expected to join in the festivities, which include the world's largest powwow. Gary Moore, assistant director of the Gil-crease Museum in Tulsa, said the museum already has used NGED (non-govern-ment-enrolied descendants) disclaimers on the works of late Indian artist Willard Stone. "The law applies to items that are for sale or for the open market," Moore said. "For our collection, that really does not apply, since by agreement with Willard Stone's family, his work will not be sold.

"As a safety factor, we have used the nongovernment-enrolled descendants label on Willard Stone's work at his family's request. This is, of course, important to them, since they are all still active artists with artwork on the market, and they want to make sure people recognize them as Indian artists." The Cherokee Nation Tribal Council on Feb. 9 passed resolutions that certified Stone and artist Bert Sea- By Brian Brus Staff Writer The artwork of at east three American Indians will be displayed ind sold this weekend it the Red Earth Festival in Oklahoma City, officials said. But their work will )e labeled as such to satisfy the intent of he Indian Arts and drafts Act, Susan Waters said. Walters, the event director, said the Red 3arth committee "is lot concerned with creaking the law." "We're not representing or promising he public that these irtists are Indian as iefined by the Arts ind Crafts Act," she "We'll have a disclaimer on site stating I think the law is at the Indians just to nake sure they're not nisrepresenting themselves." Under the 1990 law, irtists must be members of federally recognized tribes or be certified by tribes to qualify as Indians.

The law has caused problems in Oklahoma, where many people of Indian descent are not legal members of a tribe. The act regulates the display and sale of Indian arts and crafts and provides stiff penalties for goods offered as Indian-made if they are not made by a reg bourn as Cherokee artisans. However, the resolution certifying Seabourn was vetoed. Jeannie Walker Ror-ex of Oktaha is not legally an Indian artist. Her mother was Willard Stone's sister, and Rorex also lacks the necessary legal documentation for tribal membership.

"The only difference between us and the Indians that registered is that their ancestors signed a government roll and ours didn't," Rorex said. "I don't think they realize what a big step they (Red Earth) are taking," she said. "I think they're ignoring the legal part of it. I want the public to know we didn't just sneak in." Walters said, "We do not have a requirement that the artists be tribal members. We have had a policy that we require documentation of lineage." Other non-registered Indian artists showing at Red Earth will be Robert Annesley of Missouri City, Texas, and Connie Seabourn, the daughter of Bert Seabourn.

Bert Seabourn's work will appear in a separate art show this weekend, near his daughter's art. Shirley Wells and her Indian Territory Gallery in Sapulpa will set up an alternative art show and sale in Oklahoma State Highway 5B Closed Due to Red River Flooding Jk, TRUST SEARS iHH 'JflflKr notUATO. Great Plains Trl-State Sears 24-HR. Hot Line 1(800)423-4477 to crest late Tuesday near 14 feet at Burkburnett, Texas. That is 5 feet above flood level, and would be the highest level the Red River has reached at that spot since 1986.

Mooney said some evacuations were made in 1986 when local creeks and tributaries overflowed because of the high water level. The weather service said no towns were threatened by the high water, but warned local residents to watch out for flooding of croplands and rural roads. State transportation department officials closed State Highway 5B in Cotton County on Tuesday after water covered the roadway. Cotton County Civil Defense director Charles Mooney said the highway, closed between State Highway 5A and U.S. 70.

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