Kenneth Eugene Barrett, 48, was convicted in federal court in November 2005 for intentionally killing OHP Trooper David "Rocky" Eales, a state law enforcement officer engaged in the performance of his duty.
Eales, along with another trooper, was shot while attempting to serve a night-time drug search warrant at Barrett's rural home northwest of Sallisaw.
In December 2005, Barrett was formally sentenced to death for Eales' death. He was also sentenced to two life prison sentences without the possibility of release for both using or carrying a firearm during and in relationship to a drug trafficking crime with death resulting and using or carrying a firearm during and in relationship to a federal crime of violence, with death resulting. Barrett's federal conviction was automatically appealed, which is mandatory in federal death sentences.
In July, Barrett lost his bid for an appeal, and the U.S. Court of Appeals for the Tenth Circuit in Denver, Colo., unanimously affirmed Barrett's conviction and death sentence.
Since that time, Barrett sought a remedy through the U.S. Supreme Court.
"This petition for writ of certiorari was a two-part request," U.S. Attorney Sheldon J. Sperling announced Thursday. "First, the petitioner asked that the Supreme Court inspect the prior appellate proceedings in the Tenth Circuit Court of Appeals and the trial record from the U.S. District Court for the Eastern District of Oklahoma. Second, the petitioner asked the Supreme Court to determine that the proceedings below contained irregularities warranting reversal of his convictions and sentences."
Sperling said that Barrett's attorneys argued that the Supreme Court should further consider three legal arguments: first, whether the capital scheme under which Barrett was sentenced is unconstitutional because the jury was permitted to consider, as an aggravating factor, the fact that Barrett intended to kill the victim; second, whether the search of Barrett's house was constitutionally impermissible; and third, whether Barrett was unfairly prejudiced by the admission of victim impact evidence at the penalty phase of his trial.
"We responded in opposition to all three arguments," Sperling said. "The U.S. Supreme Court rejected Barrett's request, in all respects. The order concisely provides, 'The petition for writ of certiorari is denied.' The high court's order has been filed in the Supreme Court, in the Denver-based Tenth Circuit Court of Appeals, and today, in the Muskogee-based U.S. District Court for the Eastern District of Oklahoma."
Sperling referred to the findings of the federal jury trial.
"The defendant had repeatedly boasted he would go out in a blaze of glory," Sperling said. "He repeatedly announced that he knew an outstanding arrest warrant had been issued for him. He bragged that, if the laws came, he'd take out as many as he could.
"The decision filed today, affirms the convictions and sentences from the district court. The Supreme Court decision also has the effect of approving the decision rendered by the Tenth Circuit."
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 and assault 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 knew he was shooting at officers who attempted to serve a search warrant at his home, while Barrett's attorneys argued Barrett was shot first and was acting in self-defense when he fired his rifle.
