The Indian Journal from Eufaula, Oklahoma • 1

Il' I t. -n Sf I 1.1 IN I 1. Ml 'IF1V wt. v' i 7 )l ji .1 -r -iri firt 0 tm lHIHtlrftH 1 The Mania r. PJDOTJD 3 DIGIT 731 HSTCflicISOClETY4 2401 LAIRD AVE OKLAHOMA CITY, OK 73105-7914 VOLUME 132, ISSUE 23 (USPS 261-620 TWO SECTIONS, 18 PAGES IIP i -w-Vn ,1 Mayors embezzlement case goes to court Assistant DA said mayor double By Donna Pearce Managing Editor Eufaula Mayor Dean Smith waa In District Court last week In connection with two felony charges four counts of embezzlement from 2009 and a DUI charge from 2008.

Smith was charged with the lour counts of embezzlement last year concerning the misuse of one of the policy shouldn't be allowed as evidence In the case since they didn't know If it had been approved by the Eulaula City Council and he hadn't seen the document until that day in court. Yesterday was your first request lor It. to my knowledge, said Isky. 1 asked the assistant for all documents on the first day of this case," Fabian turned over to City Hall hi November of 2007. According to the testimony, it was this car that had the Fuel Man card assigned to It that Smith allegedly used Improperly.

When Isky questioned Murray concerning the use of this vehicle and the Citys policy related to travel expenses, Smith's attorney, Stephen Fabian, objected. Fabian objected that the Murder trial moved to September 4 I I I I i I i i i I i i (Sty's Fuel Man cards. In the embezzlement case, several witnesses were called to the stand by Assistant District Attorney Carol laky, who was representing the State of Oklahoma in the case. First witness was Eufau-la Police Chief Don Murray. Questioning mainly concerned a City-owned 1997 Taurus first used by the Eufaula PD which was found dead In a plastic bag Nov.

12. 1991 on the shores of Jake's Lake near Warner. A witness said he saw a woman and a man beside the lake; and he heard the woman screaming. He went to look after they left and found the dead Infant Former McIntosh County Sheriff Joe Hogan waa the OSBI Agent working the case at the time. Many people, most from Checotah, provided funds and services for the babys burial.

Hundreds showed up to pay their last respects at the Infant's funeral. Last July, Lowry was arrested near Tulsa on a material witness report. At that time, Hogan said Lowry had served some Jail time for wire fraud, which added her DNA to the OSBI databank. DNA testing, which wasn't available In 1991, confirmed she was the mother of Baby Jane Joe. Back In 1991, Lowry was a student at Connor's State College.

Jake's Lake was reportedly a favorite college party spot. Hogan said he remembered Lowry from Interviews in 1991 concerning the case. Authorities have continued to search for others who might have been Involved. At last report. Lowry has refused to Identity any man who might have been with her I the lake.

Sounding docket tor the September trials In McIntosh County District Court will be Sept. 2. Trials will be held between Sept. 13 and 24. Smith a one-year deferred sentence with DA-super-vlsed probation, and a $750 fine plus court costs.

A blind plea Is a guilty plea that leaves the sentencing up to the Judge. In other words, It Involves the defendant throwing himself at (he mercy of the court By Donna Pearce Managing Editor The murder trial of Penny Anita Lowry, alleged killer of Baby Jane Doe, who was found dead In November at 1991, has been moved to the September trial docket at the McIntosh County District Court. Lowry has been In the McIntosh County Jail since her arraignment on first degree murder charges on July 21, 2009. With so many years had passed since the infant's death, the State's attorneys requested more time tor discovery on the case In April erf this year. Last Monday, the State again requested more time for discovery.

There Is a lot of evidence that we haven't been able to go over yet And we will probably need to talk with the OSBI again, said Assistant District Attorney Carol Isky. Judge James Pratt asked that Lowry's James Bowen and Cindy Dawson, work with the State In the discovery process. They, In turn, requested original samples for an Independent examination (DNA testing). It was DNA testing from another case which was cross-referenced and showed that Lowry was the biological mother of Baby Jane Doe, who has been burled In a Checotah cemetery for the past 18 years. We don't want to keep Ms.

Lowry In the county Jail any longer than we need to, said Judge Pratt. Lowry remains In the custody of the McIntosh County Sheriffs Office under a $500,000 bond. Baby Jane Doe was Pluli GturtNy if I Eufaula AmocMou Last year's winners of the Lake Eufaula Association Golden Eagle Poker Run celebrate. This year's event is scheduled for this Saturday, June 12, along with a festival, located at South Point in Eufaula Cove. Read the foil details of the poker run and festival on page B10.

dipped said. That's Interesting. Ive had this case since day one, Isky said. Judge William Layden allowed the policy to be entered as evidence. In further questioning of Murray by Isky, Murray said he had seen Smith drive the Taurus.

He said Smith also owned a Lincoln in 2008. See MAYOR, page 3 at 918-689-2526. Or, call the McIntosh County Crime Stoppers hotline at 1 -800-222-TIPS (8477). Daniels said Crime Stoppers Is offering a reward for Information since the stealing of political Is a felony. A CITiCOUNCIi: MEETING NOTES?) bad reputation.

He proposes to change that gradually by Investing $5 million to start with $3.5 dedicated to renovations and $1.5 allowed for working capital. Brendon Bridges, a local attorney, was appointed to the Eufaula Plann'ng Com-mlssionBoard of Adjustment Council members discussed the vacant position In Animal Control by advertising It as a Job description and as an Independent contract. The council approved changing the Citys Insurance carrier to Jordan-Harrls for a savings of around $17,000 a year. Set the special event parking fee for the Juty 3rd concert at $7. Mayor Dean Smith reported the City cleared a little over $1,000 (after bills were paid) with the Memorial Day concert parking fees.

The council went Into Executive Session to discuss the adoption of a Collective Bargaining Agreement with the See COUNCIL, page 3 By Donna Pearce Managing Editor Eufaula City Council met In regular session on Monday night. Among the Items of discussion and action were: A1 Sahll, owner of Eufaula Cove Marina, Jefiystone and Yogi Bear Restaurant, donated $3,000 to this year's July 4th fireworks program. EPIC Medical Center was on the agenda to make a presentation about the newest partner's vision for the hospital. Dr. Richard Carter, MD, has purchased 33 of EPIC, alone with his partner In Carter Professional Care (CPC), Dennis Smith.

Dr. Carter reviewed the challenges facing the hospital and the needs. He said the facility has hnd a weak balance sheet dost $478,000 In 2009), lias had owners who haven't Invested, out-of-date equipment, no primary care and a Two injured in wreck A pedestrian from Council Hill was admitted to a Tulsa hospital after being hit by a car driven by a Eufaula man earty but Friday morning. The OHP trooper's report listed Floyd Dale McBride, 46, was in the roadway pushing a cart and was struck by a 2009 Hyundai 2-door driven by Dewayne McNeety, 33, of Eufaula at 4:55 a.m. on June 4.

The collision occurred on US266 three miles east of Hltchlta In McIntosh County- According to the report McBride was transported to Okmulgee Memorial by Checotah EMS and then transported to St. John's Medical Center In Tulsa with trunk Internal and leg Injuries. He was listed In stable condition. McNeety was not Injured. Hie collision was Investigated by Trooper Justin Williams of the McIntosh Haskell County Detachment erf Troop C.

He was assisted by the Hltchlta Fire Checotah EMS, Checotah PD and county slieriffs office. Mayor makes blind plea in 2008 DUI case signs being stolen By Donna Pearce Managing Editor Eufaula Mayor Dean Smith made a blind plea in District Court last week concerning his August 2008 DUI charge. Judge William Layden accepted the plea and gave La be Political By Drama Pearce Managing Editor McIntosh County Sheriff Mike Daniels reported last week that political signs for the upcoming county elections are being stolen. The slgpa are personal t. V' Eufaula Association Building Campaign Driuo property of the candidates.

At the cost of producing the signs, it would be a felony charge on the person who Is caught," said Daniels. Daniels asks If anyone sees someone stealing political signs to call the McIntosh County Sheriffs Office jyL.