Mental Health Test Ordered For Gene Stipe

Tuesday, August 28th 2007, 10:10 am

By: News On 6

MUSKOGEE, Okla. (AP) _ A hearing on whether to revoke the probation of former state Sen. Gene Stipe ended abruptly Tuesday when a judge ordered Stipe to undergo a mental competency evaluation at a federal prison in Missouri.

The decision means Stipe could spend up to 30 days at U.S. Medical Center for Federal Prisoners at Springfield, Mo. He was ordered to report to the center by Sept. 6.

U.S. District Judge Ronald A. White said he was concerned about Stipe's competency, based on his demeanor in the courtroom.

The judge said Stipe needed to be prompted by his attorneys to respond to one of his questions and said ``I think I do,'' when asked by a federal magistrate at a previous hearing if he understood why he was in court.

At one point, White looked toward Stipe and asked: ``Mr. Stipe, are you awake?''

Defense attorney Clark Brewster objected to the judge's decision. He said the former legislator needed cancer treatment at home.

``This is draconian,'' Brewster said. ``I think this will take this man's life. I think it is overkill.''

Brewster said the judge's ruling can be appealed. He said he would ask Stipe ``what he wants to do.''

He said Stipe has been treated for some time for prostate cancer and doctors are concerned his current condition may require chemotherapy. He also said they planned tests for a suspicious area around the spine.

White said he could be subject to ``reversible error for not ordering a medical examination.'' He said it was the defense that asked for an independent examination of Stipe medical condition in motions filed last week.

``They are saying he is incompetent while saying he is competent,'' said Gay Guthrie, assistant U.S. attorney.

Brewster said it was never the defense's position that Stipe was not mentally competent, just that he had medical conditions that should be considered as mitigating factors in the allegations accusing him of violating his probation.

He said White was ``a fine judge'' but had made ``a hasty decision'' based on seeing Stipe only a few minutes.

Guthrie disagreed. He said it is not unusual for a judge to order such an evaluation when the question of an offender's competency is raised.

``I would say the judge's decision was wise, given the defense's presentation. We look forward to getting a report from the federal prison hospital,'' Guthrie said.

Brewster said he sought an independent medical evaluation of his client to avoid a courtroom battle between medical experts. ``It wasn't a mistake. It was the right thing to do,'' he said.

Stipe was brought into court in a wheelchair, but was able to walk to the bench with the use of two canes and the assistance of his attorneys.

Stipe, who served more than 50 years in the Oklahoma Legislature, is accused of violating the terms of his probation by associating with convicted felon Steve Covington, a longtime friend.

Prosecutors also alleged Stipe took part in an illegal fundraising scheme similar to the one that led to the ex-senator getting a five-year suspended sentence in 2004.

Brewster called the campaign violation charge ``preposterous'' during Tuesday's hearing.

The effect of White's ruling is that Stipe's revocation hearing will be delayed until after the medical evaluation in Missouri.

Stipe could get up to 10 months in prison if his probation is revoked.

In 2004, Stipe was handed a five-year probation and a $735,000 fine after he admitted to illegally funneling $245,000 into a congressional campaign.

With two years left on his probation, Stipe is accused of again using the names of fake donors to exceed campaign funding limits for Democratic candidates for Congress, governor and auditor and inspector.

The ex-senator also has been implicated in a federal investigation of alleged kickbacks to lawmakers who helped secure funding for projects of Steve Phipps, Stipe's former business partner.

Phipps has pleaded guilty to a felony charge in that case and was expected to be the key witness at Stipe's probation revocation hearing.

Former state Rep. Mike Mass also has pleaded guilty to a felony in the corruption case and is cooperating with the government.

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3/7/2007 FBI Searches Offices Of Gene Stipe

3/9/2007 Stipe Investigated In Alleged 'Straw Donor' Scheme

3/14/2007 Grand Jury Looking Into Gene Stipe's Finances

3/21/2007 Stipe Business Will Be Run By A Neutral Party

4/1/2003 Former State Senator Gene Stipe Pleads 'Guilty' In Federal Court

4/8/2007 State Charges Possible In Alleged Campaign Scheme

4/18/2007 Jurisdiction Of Stipe Case Transferred To Muskogee

4/23/2007 Newspaper Says Gene Stipe Benefits From Train Sale To State

6/7/2007 Government Seeks Probation Revocation For Stipe

6/13/2007 Former City Manager Expected Before Stipe Grand Jury

6/23/2007 Attorney: Stipe's Business Partner To Plead Guilty To Conspiracy

6/27/2007 Ex-Stipe Business Partner Pleads Guilty

6/28/2007 - Gene Stipe Stays Out Of Prison For Now

8/27/2007 - Gene Stipe Due In Court Tuesday