Jenks police want charges in drowning case

TULSA, Okla. (AP) -- The 1998 death of a 10-year-old Jenks girl remains unsolved, but Jenks police say that's not because of a lack of evidence. <br><br>Jenks investigators say they have a suspect

Thursday, April 13th 2000, 12:00 am

By: News On 6

TULSA, Okla. (AP) -- The 1998 death of a 10-year-old Jenks girl remains unsolved, but Jenks police say that's not because of a lack of evidence.

Jenks investigators say they have a suspect and want a multicounty grand jury to hear evidence in the case because Tulsa County prosecutors haven't filed murder charges. The autopsy report on Rachel Clayton's death lists the manner as "unknown."

"We're extremely frustrated," Police Chief Don Lewis said Wednesday. "We have an unsolved homicide of a child in our city. We know who did it, and we think we can prove it."

Lewis said that about six weeks ago, Medical Examiner Ronald Distefano told District Attorney Tim Harris that he was prepared to change the manner of death to homicide based on case evidence. But Lewis, who was at the meeting, said Harris told Distefano to hold off.

Harris, who says there is insufficient evidence in the case to file a charge, denied doing anything other than giving his input.

Harris said he told those present that changing the ruling "doesn't change the facts" and instead could leave ample room for a defense attorney to raise reasonable doubt considering the length of time since Clayton's Nov. 10, 1998, death.

"I think it's a homicide. This is not an accidental drowning. I believe she was murdered," but there isn't enough evidence to charge the suspect in the case, Harris said.

"The Tulsa County District Attorney's Office files charges based on evidence and facts, not on emotion." Rachel's mother, Cheryl Doss, is the suspect, Lewis said. She reported finding her daughter at home after school officials called her at work to ask why the child was not in class, police said.

Distefano ruled that the girl died as a result of drowning, but she also had some unexplained minor bruising.

Police long thought the death could have been an accident, but statements from Doss were inconsistent and forced police to consider whether she might have killed her daughter and altered the crime scene, Lewis said.

Guy Fortney, who represents Doss, said he and his client have consistently expressed disappointment that investigators "haven't been able to flush out additional leads and bring someone to justice."

"It's no surprise that the Jenks police, out of frustration, would go after Cheryl," Fortney said. Officers at the scene were prepared to rule the case an accident until Doss asked them to investigate further, he said

"I would lay the blame for not bringing anyone to justice in the case at the feet of the Jenks police," he said.