Stipe drops appeal of mental incompetence ruling
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By Tony Thornton
Published: April 24, 2008
Former state Sen. Gene Stipe today dropped an appeal challenging a federal judge's finding that he is mentally incompetent.
That decision clears the way for Stipe to report to a federal prison hospital, most likely in Springfield, Mo., for up to four months of mental treatment and testing, beginning in mid-May.
The 10 th U.S. Circuit Court of Appeals in Denver first must agree to dismiss Stipe's appeal.
In November, a federal judge in Muskogee declared Stipe mentally incompetent to aid his attorneys in a probation violation case. His attorneys appealed that ruling a few days later to the 10 th U.S. Circuit Court of Appeals in Denver.
Stipe is on probation until January 2009 for overseeing a scheme to pump at least $245,000 illegally into the 1998 congressional campaign of Walt Roberts.
Federal prosecutors last year alleged Stipe violated his probation by associating with another felon, Steve Covington, and by orchestrating another illegal campaign scheme in 2004 while on house arrest.
Stipe's money that year went toward Dan Boren's first congressional campaign. Boren, D-Muskogee, later denied knowledge of the alleged scheme and gave $35,600 to a veteran's charity to shed himself of money his campaign received through alleged "straw donors."
Stipe also faces a four-count indictment accusing him of overseeing a complex and wide-ranging conspiracy aimed at gaining several hundred thousand dollars in taxpayer money for a McAlester dog food plant co-owned by Stipe.
Allegations include a $48,000 kickback paid to then-state Rep. Mike Mass in 2002 for obtaining the state money, and an effort to silence Mass in 2007 by acquiring the mortgage on his house and threatening foreclosure.
Stipe's younger brother Francis pleaded guilty last week to the same four counts Gene Stipe faces. However, the plea deal includes no prison time.
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Francis was toast if they were tried together. SO now that Francis has admitted he conspired with his brother, it puts a lot more pressure on the courts to isolate this man from society.
As it is now, he goes to a Federal Prison for four months. If he is found incompetent after that, the courts will decide what to do with him. If he is found competent, he stands trial on the same charges his brother just pled guilty to. It's not looking good for Gene Stipe. But it is lookng up for McALester.