Oklahoma lawmakers are hard at work trying to correct a wrong, even if it's a bit too late.
By now, you probably know the story of Sara Polston.
Since her early release from prison for nearly killing Micaela Borrego in a drunk driving accident, the Botoxed boozer has become Public Enemy #1 of the Oklahoma outrage machine, drawing the well-deserved ire and attention of the online general public, local media, and political arena for only having to serve 73 days of an eight-year prison sentence.
In fact, the outrage has grown so loud that even Oklahoma lawmakers are taking action.
Via The Oklahoman:
Oklahoma legislators propose change that could send Sara Polston back to prison
A drunk driver who went home after serving 73 days of an eight-year prison sentence may be forced back behind bars if some lawmakers have their way…
Lawmakers in both the state House and Senate are pushing to make drunk drivers who cause great bodily injury ineligible for placement in the GPS program.
Both a Senate bill and a House bill stipulate that an inmate shall be removed from the program once the inmate loses eligibility.
Yep, Sara Polston's early release from prison is such an egregious miscarriage of justice that even our slow-to-act lawmakers are considering changing the laws just because of her.
Here’s what State Rep. Jonathan Wilk told The Oklahoman:
Rep. Jonathan Wilk, the author of the House bill, confirmed that it would result in Polston going back to prison.
"I don't want this to be retribution on any individual," said Wilk, R-Goldsby. "That's not what we're doing. This is about policy, not the politics."
Wilk said he acted because of the public outcry. "I talked to several folks who reached out to me and said, 'Hey, this isn't law and order.'"
I like to criticize our lawmakers from time to time, but kudos to them for waking up and doing what should have been done years ago – reclassifying nearly killing someone while driving drunk as a violent crime.
That being said, how could they send Polston back to prison once she’s essentially been released under the laws at that time? It doesn’t really work that way, right?
Polston’s lawyer sure doesn’t think so:
Polston's defense attorney questioned how any law change could apply to her.
"They can't pass a law that changes punishment on someone who has already pleaded," White said. "That won't be worth the paper it's written on."
Sadly, after doing five angry minutes of legal research, I agree with Polston’s attorney.
In the Constitution, there’s this thing called the Ex Post Facto Clause. It prohibits the federal and state governments from enacting laws that retroactively punish actions that were legal at the time they were committed. If prison plus eligibility for certain release programs was the deal when Sara pleaded, that’s the deal we’re stuck with.
Then again, maybe it’s not that cut and dry.
The state could argue that her sentence hasn’t changed. Sara’s still serving eight years. If this new law goes into effect, the state could say she has to go back to serving it in prison as opposed to wherever she wants with a GPS bracelet around her ankle.
That being said, if I were to bet on Kalshi, I’d say there’s a 75% chance that Polston – as long as she stays out of trouble – will never again see the inside of a prison cell. Not only does she have the Constitution on her side, but she also has those friends in high places:
Polston's early release, however, has caused an uproar in part because of the severity of the victim's injuries and because Polston and her husband, Rod Polston, are major political donors…
Polston has donated $13,900 to Stitt's two campaigns for governor, contribution reports show. Rod Polston also donated $13,900 to Stitt's campaigns.
In 2022, they hosted a fundraiser for Stitt at their home in Norman, according to an invitation. Stitt has not responded to questions from The Oklahoman.
Yep. Despite all the outrage, publicity, and pageviews this story has generated, Kevin Stitt is still dodging the press. It’s almost like Rod Polston is one of his old frat brothers or something. Knowing that, I’d now say the odds are 90% that Polston avoids any more prison time.
Then again, I also really hope I’m wrong.
Although it’s weird to be rooting for the state to limit someone’s constitutional rights – this must be how authoritarians feel! – let’s hope common sense prevails, the new laws hold up, Polston’s GPS release is reversed, and she’s back in a prison cell being appropriately and fairly punished for her crimes.
That won’t help Micaela recover faster or bring back everything she’s lost, but it will be nice to at least have some sense of criminal justice served.
Stay with The Lost Ogle. We’ll keep you advised.
