Judge orders evidentiary hearing in Butler case over victims’ rights challenge
A Payne County judge has scheduled an evidentiary hearing in the case of Jesse Butler after victims filed a motion alleging their constitutional rights were violated during court proceedings.
During a scheduling hearing Tuesday, District Judge Michael Kulling found there were significant factual disputes between attorneys representing the state, the defense and the victims regarding how the case was handled. Because of those disputes, Kulling ordered an evidentiary hearing beginning April 13.
The hearing stems from a verified motion filed by attorneys for the victims seeking enforcement of their rights under Marsy’s Law, an amendment to the Oklahoma Constitution that guarantees crime victims the right to be notified of court proceedings, consulted before plea agreements and treated with fairness and respect.
According to court records, all parties submitted legal arguments and proposed statements of facts ahead of Tuesday’s hearing, as required by a prior court order. After reviewing the filings, Kulling determined the disagreements could not be resolved through written submissions alone.
As a result, the court will hold a hearing in which witnesses may testify and evidence may be presented to determine whether the victims’ rights were violated during the handling of the case.
Butler, who was charged in 2025 with multiple sexual assault-related offenses, received a youthful offender disposition that included supervision, counseling and community service rather than prison time. The outcome drew criticism from community members and victims’ advocates.
The April hearing will focus specifically on whether the prosecution and court complied with constitutional requirements in communicating with and involving the victims before the case was resolved.
The evidentiary hearing is scheduled to begin at 9 a.m. April 13 at the Payne County Courthouse.
