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Doster wins Texas appeal
Murder charges dropped after trial delayed too long
Published Monday, January 5, 2009
Courtesy photo
Oscar Roy Doster
The 10th Court of Appeals of Texas has dismissed the state of Texas’s murder charges against Covington County native Oscar Roy Doster.
In a 2-1 ruling handed down Dec. 31, 2008, the court agreed with Doster’s Texas court-appointed attorney’s argument that the Interstate Agreement on Detainees was violated because Doster’s trial did not occur within 120 days of his transfer to Texas.
The federal Interstate Agreement on Detainers Act (IADA), which applies to transfers of sentenced prisoners for unrelated trials between two states, says that “trial shall be commenced within one hundred and twenty days of the arrival of the prisoner in the receiving (S)tate.”
Doster was extradited to Texas in December 2007. In August of 2008, Nancy Nemer, a prosecutor with the Texas Attorney General’s Office of Criminal Prosecution, told The Andalusia Star-News that in January 2008, Doster’s Texas defense attorney argued that there was no way his case could be prepared before August. When a trial date was set, the attorney then began to argue that the state had violated the IADA.
The court ordered Doster returned without delay to Alabama, where he has been incarcerated on death row in Holman Prison since the fall of 2006. A Covington County jury convicted Doster of capital murder during a first degree burglary, capital murder during a first degree robbery and capital murder by a weapon fired from outside a dwelling in the 2002 death of Gantt resident Paul D. LeMaster. Circuit Judge Ashley McKathan sentenced him to death by lethal injection.
Doster was an escapee from the Covington County Jail when LeMaster was murdered. Bobby O’Lee Phillips, who escaped with Doster in 2002, also was found guilty of murder in the LeMaster case. The Texas murder of which Doster and fellow escapee James D. Harnage have been accused also occurred after a jail escape.
Doster and Harnage escaped from the Covington County Jail on March 31, 2005.
They stole a car from Kirk’s Funeral Home and fled the county. The car was later recovered in Tennessee. They are accused of killing Dennis Courtney, 56, of Oakwood, Texas, on April 6, 2005.
Courtney’s family members told The Star-News in a 2005 interview they believe Doster and Harnage killed Courtney, then helped themselves to his food, beer and personal belongings before stealing vehicles.
Doster was captured in California on April 15, 2005, after walking into a gas station and asking for help for injuries he said he sustained in a collision while driving a motorcycle.
Harnage was caught in Las Vegas, Nev., on Apr. 23, 2005, in possession of Courtney’s Ford pickup truck. He later pled guilty to escape and was sentenced to life in prison.
Harnage’s attorney has filed an appeal similar to Doster’s in Texas, but the appellate court has not yet ruled upon it.
The Fairfield Recorder in Fairfield, Texas, provided information on the appeals ruling to this newspaper on Monday.
Comments
Posted by SEAN (anonymous) on January 6, 2009 at 1:25 a.m. (Suggest removal)
BRING HIM HOME! GIVE HIM ANOTHER CHANCE TO ESCAPE AND KILL MORE PEOPLE. JUST DROP THE CHARGES HERE TOO!
Posted by no_jurisdiction (anonymous) on January 6, 2009 at 4:13 a.m. (Suggest removal)
ARE YOU SERIOUS!!!! I THOUGHT TEXAS WOULD HANG THIS S.O.B...SOMEBODY PLEASE BUY A .50 CAL AND CAP THIS GUY FROM A THOUSAND YARDS.
Posted by rabbit2300 (anonymous) on January 6, 2009 at 7:06 a.m. (Suggest removal)
love defense attorneys
Posted by gladtobefromandy (anonymous) on January 6, 2009 at 8 a.m. (Suggest removal)
Please dont bring him back here.. Id hate to have to shoot him when he shows up at my door because the guards wasnt doing their jobs!
Posted by LarryCreech (anonymous) on January 6, 2009 at 9:08 a.m. (Suggest removal)
I am Dennis's cousin. I grew up with him and am still very close to his sister. Sending him back to Alabama without facing judgement for what he did to Dennis is a "slap in the face" to the surviving family members. We need closure!!!
Posted by SEAN (anonymous) on January 6, 2009 at 10:17 a.m. (Suggest removal)
GLADTOBEFROMANDY....DID YOU READ THE COMMENTS ABOUT THE ESCAPED INMATE? IT WASN'T THE GUARDS FAULT THAT PEOPLE WALK AWAY FROM THE CCJ. ITS THE TAXPAYERS' FAULT BECAUSE WE WON'T GO TO MEETINGS AND FIGHT FOR MORE MONEY FOR REPAIRS AT THE JAIL. YET NOBODY CAN EXPLAIN WHAT REPAIRS ARE NEEDED IN THE FACT THAT NO GUARDS WERE WATCHING AS AN INMATE SCALED NOT ONE, BUT 2 FENCES. THAT WAS CLEARLY A MAINTENANCE PROBLEM. AND ALL THE CAMERAS THAT RUN 24/7, NOBODY WAS WATCHING THOSE AS THE INMATE ESCAPED. AGAIN, CLEARLY A MAINTENANCE PROBLEM. THE GUARDS HAVEN'T NEGLECTED THERE JOBS AS OF YET.
Posted by gladtobefromandy (anonymous) on January 6, 2009 at 11:02 a.m. (Suggest removal)
Yep sean.. Its NEVER the ones responsible fault. It aways has to be blamed on someone/something other than them. Ive been reading your post and i have to say.. you rock.. : )
Posted by truebeliever (anonymous) on January 6, 2009 at 11:18 a.m. (Suggest removal)
He shows up on my doorstep, I'll GLADY shoot him, then call the CCSD to come pick up their bloody mistake! It's peices of slime like him that would take a innocent mans life that dont need to be taking up taxpayers time, money OR THE AIR WE BREATHE on this earth. I think they should stop with the appeals, the B/S and whoevers doing the transporting should do Alabama and Texas a favor..bye bye doster.!!
Posted by nurse (anonymous) on January 6, 2009 at 4:36 p.m. (Suggest removal)
Surely Texas can re-charge him. Since there was no trial, double jeopardy should not be attached.
Posted by Blondie (anonymous) on January 6, 2009 at 6:41 p.m. (Suggest removal)
Just shows you what some people would do for money!! I know the term "Innocent till proven Guilty" is there, but when you know what this man did, and you still take him on as a client, please! I aint never wanted money so bad that I would do something like actually defend someone who not once but twice took someones life!! Shows you what our society is going to be like for our children!
He is getting off on a tech, issue here? what is that saying to the rest of the ones that are out there plotting there next kill, or theft? Dont you just love lawyers ( and I know all of them aint bad, but there are few who are just like this) He never should have been brought back here the first time he escaped? what was wrong with Kilby prison? I dont feel sorry for him, I feel sorry for the hell that his family has to go thru every day just because what he did! I know this family, and they dont deserve this! they need closure too!!
Posted by walnutwilly (anonymous) on January 6, 2009 at 7:16 p.m. (Suggest removal)
I went to school with this P.O.S. I saw this coming a long time ago. He has never been an upstanding citizen and it's a shame for the victims' family that this has happened. Somebody should have took him out long ago.
Posted by nosaint5162 (anonymous) on January 6, 2009 at 7:25 p.m. (Suggest removal)
Has justice closed it's eyes? This thug has killed two innocent men on their own private property! The defense lawyer asked for a delay, got it, and now sites the 120 day rule???? How can these judges turn a blind eye to this murderer?
Posted by patwilliam (anonymous) on January 6, 2009 at 7:30 p.m. (Suggest removal)
This is absolutely ludicrous! Statute of limitations on MURDER! Whoever heard of such! This slime needs to be executed YESTERDAY! He escapes from Covington County's illustrious jail (sorry jailers), and runs to Texas, kills this man, steals his property, has a wreck on a motorcyle in California...but he can be allowed to walk around a jail....laughing and smiling that smirky smile he has in all the pics I have seen...WHERE IS JUSTICE! I'll tell you where...it aint no more...there is NO JUSTICE in this world! I am so ashamed of the judicial system it ain't even funny any more....how, how, can they let this man "win his appeal" in TEXAS! Of all places! I don't know his family, but I feel for them, cause they must know what a monster he truly is...he has no conscience whatsoever....he can't have one....he's a freakin murderer and everyone, including him,knows it!
Posted by SEAN (anonymous) on January 6, 2009 at 7:58 p.m. (Suggest removal)
GLADTOBEFROMANDY thank you for the compliment. but i'm not trying to get compliments. i'm just stating the truth about our screwed up society and judicial system. granted, it has its ups, but it's certainly proving to have more and more downs as well. i have no children yet, but it really seems to be looking worse and worse for the next generation. i hope and pray that things will begin to change drastically in the near future. if not, we are in for sure HELL.
Posted by rabbit2300 (anonymous) on January 7, 2009 at 8:36 a.m. (Suggest removal)
isnt he guilty in alabama and on death row here as well. cant kill him twice. at least it will still happen.
Posted by nurse (anonymous) on January 7, 2009 at 10:37 a.m. (Suggest removal)
Yes. He was found guilty here in Alabama. And, as far as I know he is being held at Holman Prison. He is on death row, but he will probably out live the families of his victims. I truly hope that he is not being treated as well at Holman as he was at CCJ. His mother was allowed to bring snacks and tobacco to him that sat in the sheriff's office because they were too "poor" to put money on his books. I saw this first hand when I worked at the jail. It really sucks that Texas dropped the ball...he would have been gone in 5 years or so otherwise.
Posted by LarryCreech (anonymous) on January 7, 2009 at 3:32 p.m. (Suggest removal)
In response to "nurse", he has already out lived two of the family members of the victim, Dennis's mother and one of his sisters. What a shame!!!
Posted by retsod2004 (anonymous) on January 8, 2009 at 7:12 p.m. (Suggest removal)
This comment is for no_jurisdiction and all the other people who have submitted such comments as, " shoot him with a 50-cal, bring him back so I can kill him", and all the other horrible comments. Where you there when those horrible murders were committed? Did you see with your own eyes my brother committ them? If i am not badly mistaken Mr. phillips admitted to pulling the trigger. If I am wrong about that thne i appollogize. But he has been found guilty and will pay for his crimes, and we don't need people like yourselves making degrading comments that hurt my family. Because this family has more heart and honor than to do that. But the freedom of speech is a great thing. It is one of the many things that makes me extremely proud to be a diabeled veteren who did two tours in iraq to help presevere that freedom. WHAT HAVE YOU DONE.
Posted by nikki35 (anonymous) on January 12, 2009 at 9:48 a.m. (Suggest removal)
This comment is for all of those that seem to think killing the father of my children is the right thing to do. I believe that you are no better than what you accuse him of being "a MURDERER". His judgment will be in the hands of God not yours or anyone else. If you have not read your bible as he and I have many times together I can tell you that it states JUDGE NOT Least you be JUDGED! My husband was not a monster he was a wonderful and loving father who made wrong choices. He doesn't want anyone to feel sorry for him he knows what he has and has not done and expects to take his punishment for it but people like you not only want to punish him but are also punishing our babies in the process of your hate for man that you do not know. As to the nurse who said that we were to poor to put money on his books and was allowed to bring food and such yes we were poor and why because I was left to be a single mother of four children one of which was a new born because of a stupid fine. But we were not the only ones allowed to do this. I have forgiven each and everyone of you for your horrible anger and I am sorry for each of the victims families but my family did not do this to you only God knows the truth and it is in Gods hands that I leave each and everyone of you.
Posted by tigergirl (anonymous) on January 16, 2009 at 4:20 p.m. (Suggest removal)
WELL WHOS FOUGHT WAS IT FOR THE FINE TO BEGIN WITH DOSTERS WAS IT NOT. THESE PEOPLE HAVE EVER RIGHT TO BE ANGRY AND SAY WHAT THEY ARE SAYING WHAT IF IT WAS ONE OF THEIR FAMILY MEMBERS. I CAN'T HELP TO BELEIVE THAT IF IT WAS SOMEONE ELSE AND THEY KILLED YOUR LOVED ONE YOU WOULD BE SAYING THE EXACT DAMN THING THEY ARE. HE SHOULD PAY FOR WHAT HE HAS DONE. I HOPE YOU WOULD NOT WHAT ANY OTHER MURDER GETTING AWAY WITH IT TOO
Posted by unknown (anonymous) on January 16, 2009 at 8 p.m. (Suggest removal)
It saddens me to know that you people have no heart. This is a human being. For the ones that want to kill this man, do any of you know of GOD? He says that you are not to take someones life. He is no monster! He had a family. And as far as im concerned no one has evidence that doster killed anyone. Wasnt phillips charged with murder, Doster was simply with him.
And to sean at the very top. You stated "give him another chance to escape" Well if he escaped then obviously our jail and prison system arent very good! So BLAME them.
How can you call him a monster? He is a human being! I hope that god punishes you for all of you wrong doings..
And to "nurse" So WHAT if they were poor? Why do you judge????
If the family members want justice they should know that god will do it. It is not our jobs to kill a man. And I Hope all of these people know that!! What is wrong with you people?
I leave it in gods hands
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