A man convicted of murder is suing the Oklahoma Pardon and Parole Board and state officials, claiming he’s not being given an adequate opportunity for parole.
In 1997, when he was 15 Dwain Thomas murdered his mother, step-father and step-grandfather. He's now suing the Pardon and Parole Board saying the Oklahoma system needs an overhaul for juvenile offenders.
Thomas says rulings by the U.S. Supreme Court forbid most all life without parole sentences for juveniles. Thomas claims he’s been an excellent prisoner, but has been unable to get a fair shot before the state’s pardon and parole board.
Booked in the Dick Conner Correctional Center on three life sentences at the age of 15, now 44-year-old Dwain Thomas claims in court filings he has maintained an “outstanding” record behind bars, completing HVAC, journeyman, biblical and paralegal certifications while behind bars.
He filed his 45-page federal lawsuit himself in 2020.
The judge dismissed the case later that year before the case was resurrected on appeal to the 10th circuit.
Thomas claims the U.S. Supreme Court guarantees a “meaningful and realistic” opportunity for release to youthful offenders.
He says the high court has found young people face “immaturity, vulnerability to external forces and character traits that are still be formed,” as reasons they should have a chance at parole.
Attorneys for the state argue Oklahoma’s parole system does provide the constitutionally required opportunities for parole.
However, both sides agree in court filings the policies don't make distinctions between adult and juvenile offenders.
Thomas is asking the federal judge to force the state’s prison system to provide more opportunities for juvenile offenders to demonstrate readiness for release.
Final witness lists, witnesses, and objections have all been filed in recent weeks, signaling the case could soon be heading to trial.
The Oklahoma Pardon and Parole Board tells us they cannot comment on pending litigation