According to court records, a hearing before the U.S. Court of Appeals for the 10th Circuit in Denver for Kenneth Eugene Barrett, now 45, will be held June 21.
Barrett's federal conviction was automatically appealed, which is mandatory in federal death sentences. The last of the expected preliminary court documents for his appeal was filed Feb. 21, with Barrett's reply brief.
Barrett was convicted by a federal jury in November 2005 for the death of OHP Trooper David "Rocky" Eales, who, along with another trooper, was shot while attempting to serve a night-time drug search warrant at Barrett's rural home northwest of Sallisaw.
Barrett was formally sentenced to death in December 2005 for intentionally killing a state law enforcement officer engaged in the performance of his duty. He was also sentenced to life in prison without the possibility of release for two other charges.
Barrett's federal trial was his third. His first state trial in Sequoyah County ended with a deadlocked jury, while his second trial resulted in a manslaughter conviction. Barrett was serving a combined 30-year prison sentence for Eales' death when he was indicted in federal court.
Throughout both trials, the prosecution argued that Barrett shot at the officers first, and the officers returned fire. Barrett's attorneys argued Barrett was shot first and was acting in self-defense when he fired at officers.
Barrett is now a federal prisoner in Terre Haute, Ind.
