Tulsa Man Wants To Take Back Guilty Plea In Rape Case

By Lori Fullbright, The News On 6

TULSA, OK -- There are new details in the case of child rapist, Brandon Brixey. Brixey now wants to take back his guilty plea. 

This is just 10 days after he stood up in court, apologized to the victim and told the judge he deserved to be punished severely.

It's so frustrating for the victim and her family -- first the little girl testifies in court, then Brixey stops the trial, then he pleads guilty and The News On 6 was there in court when he admitted to everything. Now -- something that could take them back to square one.

4/19/2010  Related Story: Tulsa Man Sentenced To Two Life Prison Terms In Rape Case

When Brixey pleaded guilty to carjacking a family's van and sexually assaulting an 8-year-old girl who was inside, he apologized in court, saying he'd committed a terrible sin and violated her in the worst way possible. He said he'd done horrible deeds and was sorry to her family, the citizens, even the police for putting them in jeopardy when he led them on a crazy car chase all over Tulsa. 

Brixey told the judge there was no excuse for what he did, that it was unacceptable and he deserved to be punished. 

Judge William Kellough agreed, saying some crimes don't deserve a second chance or rehabilitation and gave Brixey a sentence that would ensure he would likely die in prison. 

Now, Brixey has filed a one page motion that says he wants to withdraw his plea because he didn't make it knowingly, voluntarily or intelligently. 

The law gives anyone the right to take back their guilty plea within 10 days of making it.

Read the motion to withdraw plea of guilty.

"You've got to have very good reason, like not being aware of what's going on," said Jake Cain, Tulsa County Assistant District Attorney.

Cain says Judge Kellough was very thorough to make sure Brixey wasn't being coerced, wasn't under the influence and knew what was going on, just as all judges do while taking guilty pleas.

"We all wanted to make sure it was done in accordance with the law, but when he got two life terms plus 85 years to run consecutive and was going to die in the prison, he decided, like Mr. Harris and I thought all along, it's just another game to him," said Cain.

Brixey's public defender told The News On 6 he's not sure exactly sure why Brixey wants to take back his plea. If the judge does agree to let Brixey take back his plea, it could mean a whole new trial, but the D.A.'s office doesn't believe the judge will do that and Brixey will be sent to prison.