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Attorney for Oklahoma death row inmate claims DNA evidence would prove client's innocence

Phillip Hancock's clemency hearing before the Oklahoma Pardon and Parole board is set for Nov. 8. His execution is scheduled for Nov. 30.

Attorney for Oklahoma death row inmate claims DNA evidence would prove client's innocence

Phillip Hancock's clemency hearing before the Oklahoma Pardon and Parole board is set for Nov. 8. His execution is scheduled for Nov. 30.

IF YEAH, THAT ATTORNEY SAYS HIS CLIENT WAS JUST TRYING TO PICK UP HIS HIS GIRLFRIEND FROM AN OKLAHOMA CITY HOME IN APRIL OF 2001. HE SAID THAT THEY WERE ATTACKED. HANCOCK WAS ATTACKED BY ROBERT JETT AND JAMES LYNCH. HE ALSO ARGUES THAT THAT CONVICTION WAS BECAUSE OF AN OVERZEALOUS DISTRICT ATTORNEY, AS WELL AS POOR REPRESENTATION IN THIS IS NOT A CASE WHERE WE’RE SAYING THIS IS SOME TECHNICAL ELMORE CITY. AND I’M SAYING, OH, THEY DIDN’T READ HIM HIS RIGHTS OR SOME -- LIKE THAT. NO, THAT’S NOT WHAT WHAT HAPPENED HERE. THIS IS A TRAVESTY. IT’S A HUGE MISTAKE AND IT NEEDS TO BE CORRECTED. ATTORNEY FOR PHILLIP HANCOCK, SEAN NOLAN SAYS HIS CLIENT DOES NOT DESERVE TO BE PUT TO DEATH. THAT HANCOCK SHOT AND KILLED HIS ALLEGED VICTIMS. ROBERT JETT AND JAMES LYNCH IN SELF DEFENSE. NOLAN DESCRIBING THE TWO ALLEGED VICTIMS AS DRUG DEALERS INTENT ON KILLING HANCOCK WHEN HE CAME BY JETS HOME IN APRIL OF 2001 TO PICK UP HIS GIRLFRIEND. THE ONLY REASON HANCOCK IS ALIVE TODAY, NOLAN SAYS, IS BECAUSE BY SOME MIRACLE, HANCOCK WAS ABLE TO WRESTLE A FIREARM AWAY FROM JETT. AND SO HE STRUGGLED WITH THESE MEN. HE GOT THE GUN AWAY AND HE SHOT THEM BOTH. WHAT WAS HE SUPPOSED TO DO? NOLAN SAYS THE JURY WAS NOT TOLD THE WHOLE STORY. AND THEN THE DNA EVIDENCE THAT WAS NOT TESTED CAN PROVE HANCOCK WAS, IN FACT, DEFENDING HIMSELF. IF THEY ARE SO SURE THAT PHIL IS GUILTY OF FIRST DEGREE MURDER AND SHOULD BE KILLED, THEN TEST THE DNA OR GIVE IT TO US, LET US TEST THE DNA. YOU KNOW, TODAY, IF THIS CASE HAPPENED TODAY, THEY WILL TEST THIS DNA. THE ATTORNEY GENERAL, GETNER DRUMMOND, STANDS BY THE CONVICTION AND THE SENTENCE, ARGUING IN PART THAT NO DNA EVIDENCE CAN PROVE WHAT HE CALLS A QUOTE, INDEFENSIBLE CLAIM OF SELF-DEFENSE. GOING ON TO SAY THAT HANCOCK PURSUED HIS VICTIMS AND THAT THE EVIDENCE IS CLEAR. HANCOCK MURDERED BOTH JETT AND LYNCH. RIGHT NOW, THE EXECUTION IS SET
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Attorney for Oklahoma death row inmate claims DNA evidence would prove client's innocence

Phillip Hancock's clemency hearing before the Oklahoma Pardon and Parole board is set for Nov. 8. His execution is scheduled for Nov. 30.

Two Oklahoma lawmakers said a death row inmate should get clemency, claiming the man was defending himself when he shot and killed the people in 2001. Phillip Hancock was convicted of killing Robert Jett and James Lynch in April of 2001. Hancock's attorney said he was trying to pick up his girlfriend when Jett and Lynch attacked him at home in Oklahoma City. >> Download the KOCO 5 AppThe attorney, Shawn Nolan, blamed poor representation and a zealous district attorney for his client's first-degree murder conviction. "This is not a case where we’re saying this is some technicality, and I’m saying, 'Oh, they didn’t read him his rights or some crap like that.' That’s not what happened here. This is a travesty. This is a huge mistake, and it has to be corrected," Nolan said. Nolan said Hancock didn't deserve to be sentenced to death, and he fatally shot the two men in self-defense. Nolan described the two men as drug dealers, intent on killing Hancock when he came by Jett's home to pick up his girlfriend. Nolan said the only reason Hancock is alive today is because, by some miracle, he was able to wrestle a firearm away from Jett. “He struggled with these men. He got the gun away, and he shot them both. What was he supposed to do?" Nolan said. The jury was also not told the whole story, and DNA evidence that was not tested can prove Hancock was defending himself, Nolan said. "If they are so sure that Phil is guilty of first-degree murder and should be killed, then test the DNA or give it to us. Let us test the DNA," Nolan said. Oklahoma Attorney General Gentner Drummond stands by the conviction, arguing that no DNA evidence can prove what he calls an "indefensible claim of self-defense." “No amount of DNA evidence can prove Hancock's indefensible claim of self-defense. At trial, Hancock's own expert contradicted the defendant’s version of events. Hancock pursued an unarmed and injured Robert Jett Jr. into the backyard of Mr. Jett's home. A witness heard Mr. Jett say, ‘I'm going to die!’ and Hancock respond, ‘Yes, you are!’ before Hancock shot him again. The evidence is clear that Hancock murdered Mr. Jett and James Lynch," said Drummond in a statement. Hancock's clemency hearing before the Oklahoma Pardon and Parole board is set for Nov. 8. His execution is scheduled for Nov. 30. Top Headlines Parts of Oklahoma City hotel evacuated due to high levels of carbon dioxide Investigators work to determine what caused large apartment fire in OKC Fraud investigation underway after suspect uses fake $100 bills at El Reno drug store Lawmakers hear from Oklahomans who want change at Department of Human Services Police investigate shooting involving possibly 2 juveniles in Midwest City

Two Oklahoma lawmakers said a death row inmate should get clemency, claiming the man was defending himself when he shot and killed the people in 2001.

Phillip Hancock was convicted of killing Robert Jett and James Lynch in April of 2001. Hancock's attorney said he was trying to pick up his girlfriend when Jett and Lynch attacked him at home in Oklahoma City.

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The attorney, Shawn Nolan, blamed poor representation and a zealous district attorney for his client's first-degree murder conviction.

"This is not a case where we’re saying this is some technicality, and I’m saying, 'Oh, they didn’t read him his rights or some crap like that.' That’s not what happened here. This is a travesty. This is a huge mistake, and it has to be corrected," Nolan said.

Nolan said Hancock didn't deserve to be sentenced to death, and he fatally shot the two men in self-defense.

Nolan described the two men as drug dealers, intent on killing Hancock when he came by Jett's home to pick up his girlfriend. Nolan said the only reason Hancock is alive today is because, by some miracle, he was able to wrestle a firearm away from Jett.

“He struggled with these men. He got the gun away, and he shot them both. What was he supposed to do?" Nolan said.

The jury was also not told the whole story, and DNA evidence that was not tested can prove Hancock was defending himself, Nolan said.

"If they are so sure that Phil is guilty of first-degree murder and should be killed, then test the DNA or give it to us. Let us test the DNA," Nolan said.

Oklahoma Attorney General Gentner Drummond stands by the conviction, arguing that no DNA evidence can prove what he calls an "indefensible claim of self-defense."

“No amount of DNA evidence can prove Hancock's indefensible claim of self-defense. At trial, Hancock's own expert contradicted the defendant’s version of events. Hancock pursued an unarmed and injured Robert Jett Jr. into the backyard of Mr. Jett's home. A witness heard Mr. Jett say, ‘I'm going to die!’ and Hancock respond, ‘Yes, you are!’ before Hancock shot him again. The evidence is clear that Hancock murdered Mr. Jett and James Lynch," said Drummond in a statement.

Hancock's clemency hearing before the Oklahoma Pardon and Parole board is set for Nov. 8. His execution is scheduled for Nov. 30.

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