Could Sara Polston be sent back to prison? Why she is fighting a new Oklahoma law
Sara Polston spent 73 days in jail, but a new Oklahoma law could force her to finish her sentence behind bars. Here's why a new lawsuit says this shouldn't happen.
Sara Polston spent 73 days in jail, but a new Oklahoma law could force her to finish her sentence behind bars. Here's why a new lawsuit says this shouldn't happen.
A Norman woman at the center of a statewide controversy is suing to stay out of jail.
Sara Polston spent 73 days behind bars for a DUI crash that seriously injured another woman. She is now on a GPS monitoring program, but the state says a change in the law means she could be required to finish her full sentence in jail.
State says new law closed a legal loophole
The Oklahoma Attorney General’s Office sent KOCO a statement saying the law closed a legal loophole and Polston should go back to jail. But a 32-page lawsuit argues why that would not be fair.
Polston now wants a federal judge to step in.
“Sara Polston has sued the state of Oklahoma in federal court, alleging three basic things. The first is that she’s the victim of an ex post facto law. She complains that she is a victim of what’s called a bill of attainder, and that just her basic due process rights were violated,” legal expert Ed Blau said.
DUI case drew statewide attention
Polston’s DUI case became statewide news this year because of her ties to Gov. Kevin Stitt and allegations that he used his influence to shorten her time in jail.
Polston served 73 days of a 15-year sentence before being placed on a GPS monitoring program.
>> Video Below: Multi-county grand jury alleges Gov. Kevin Stitt showed favoritism in Sara Polston case
After the case came to light, the Oklahoma Senate passed a law making people convicted of DUI with great bodily injury, like Polston, ineligible for the GPS monitoring program.
The law also says anyone who loses eligibility must be removed from the program.
Can the state apply the law retroactively?
“The State of Oklahoma is arguing that this is purely administrative, and Sarah Polston is arguing that this is an increased punishment,” Blau said.
Her attorneys said returning her to prison would amount to an increased punishment, which they argue is unconstitutional.
Blau, who is not involved in the case, said the state could argue that Polston remains in Department of Corrections custody and that moving her from GPS monitoring to prison would be an administrative change—not an increased punishment.
“They’re going to say, ‘Look, she’s in DOC custody regardless. This isn’t more punishment. Just basically, her security level is increased,’” Blau said.
>> Video Below: Grand jury alleges Gov. Stitt showed favoritism in DUI case
Polston’s attorneys argued that the bill was written specifically because of her case.
Blau said that could be important, but it does not automatically mean the law is unconstitutional.
“It’s clear they’re targeting her. There’s no doubt about that. But the question is, because it is for all DUI great bodily injury people who have been convicted of that, that is more than just her right now, and it’s going to be more than just her in the future. And that’s what the state’s going to say, as well,” Blau said.
KOCO reached out to Polston’s attorneys Thursday, as well as the Oklahoma Department of Corrections, but did not hear back.