Case of Jon Andrew Cottriel
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| Jon Cottriel (2012) |
Holdenville, OK
Convicted on one charge of Forcible Sodomy and 2 charges of Rape in the 1st Degree.
Cottriel was incarcerated on October 12, 1994. His parole hearing date is scheduled for January, 2027.
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Table of Contents:
2004
- Oklahoma Department of Corrections
- Inmates take fight for food to federal court (07/10/2004)
- Oklahoma inmates push prisons for kosher meals (07/13/2004)
- Oklahoma Prisoners Sue for Kosher Food (07/13/2004)
- Ruling Gives Several Oklahoma Prison Inmates Right To Have Kosher Food (08/27/2004)
- Judge rules 3 Oklahoma inmates have right to kosher food (08/27/2004)
- Federal court orders kosher food for prisoners (12/16/2004)
2005
- Oklahoma Department of Corrections (09/06/2005)
2012
- Oklahoma Department of Corrections (12/01/2012)
Also See:
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Inmates take fight for food to federal court
By Michael Baker
The Oklahoman - July 10, 2004
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| Jon Andrew Cottriel (2003) |
Box Insert: There are 613 basic laws of Orthodox Judaism, and 60 to 70 of those pertain to eating kosher. Jews following strict interpretation of kosher laws cannot eat pork or mix meat and dairy, including cooking the items in the same pot, pan or stove, or with the same utensils; and beef must be properly slaughtered and drained of all blood.
Source: Rabbi Ovadia Goldman of Oklahoma City
The inmates, all convicted sex offenders, claim the state Corrections Department is violating the U.S. Constitution's First Amendment by not allowing them to practice their chosen religion, Orthodox Judaism.
Lawyers representing prison officials responded that serving the kosher meals would cost millions of dollars, might violate the First Amendment's establishment-of-religion clause and could even cause riots.
Similar arguments failed two years ago when Colorado lost a court case with prisoners demanding free kosher meals.
The arguments in the Oklahoma case unfolded this week in an Oklahoma City federal courtroom with testimony from the Jewish inmates, a rabbi and a top state prison official.
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| Jon Cottriel (2004) |
The inmates Jon Andrew Cottriel, 44; Jerry Harmon, 49; and Dennis Earl Fulbright, 36 all said they practiced Orthodox Judaism while incarcerated at Joseph Harp Correctional Center near Lexington.
The inmates said they are forced to pay for kosher meals without any real assurance the food is, indeed, kosher. In most instances, the men said they are forced to eat just fruits and vegetables.
The inmates' attorney, Rand Eddy, called Rabbi Ovadia Goldman of the Chabad Jewish Center of Oklahoma City to testify about the importance of eating kosher to those practicing Orthodox Judaism.
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| Jon Cottriel (2004) |
"Every law that God gave us is an opportunity and a chance to strengthen our relationship with him," Goldman said. "If there's a possibility to eat kosher food, then not eating kosher food weakens our relationship with God."
Goldman said that in a restrictive setting, the best way to ensure meals are properly prepared is to serve pre-packaged kosher meals.
Bobby Boone, deputy director of the Corrections Department's eastern region, said to provide such meals would cost Oklahoma's prison system about $3.8 million extra a year.
Once kosher meals are served, then other religions will demand other special diets, Boone said under questioning from Oklahoma Assistant Attorney General Stefan Doughty.
Of the 96 religions represented in the state's prison population, 20 could make a claim to having a special dietary need, Boone estimated, saying about 6 percent of the prison population could make such a claim.
The prison system now spends about $2.50 a day for each inmate to eat. Kosher meals would cost about $10 a day, Boone said.
To provide kosher meals, the Corrections Department would have to cut staff, Boone said.
"We're not operating at full staff anywhere in the state of Oklahoma," Boone said. "It would increase the risk" inside and outside the prison.
Inside the prison, Boone said, providing kosher meals for Jews could upset other groups that see it as preferential treatment.
In 2002, Colorado lost similar arguments when the 10th U.S. Circuit Court of Appeals in Denver ruled the state must serve kosher foods to Jewish prisoners at no charge. The court ruled Colorado had violated the prisoners' freedom-of-religion rights, an argument three Oklahoma inmates are making.
But while arguing the case Thursday for the Corrections Department, Doughty added a twist not considered in the Colorado case.
Serving kosher meals at taxpayers' expense would violate the U.S. Constitution, providing for the establishment of religion by government, Doughty said.
After Thursday's hearing, Magistrate Judge Gary M. Purcell said he would consider all the arguments before issuing a report and recommendation. The case will then go to a district judge, who could follow Purcell's recommended ruling, ask for more evidence or reject Purcell's recommendation.
Weeks or months could pass before Purcell issues a report, attorneys said.
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Oklahoma inmates push prisons for kosher meals
The Associated Press - July 13, 2004
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| Jon Cottriel (2004) |
OKLAHOMA CITY — Three prison inmates who practice Orthodox Judaism want the Oklahoma Department of Corrections to pay for them to eat kosher meals.
The inmates, all convicted sex offenders, allege that the DOC is violating the First Amendment by not allowing them to practice their chosen religion.
In federal court last week, DOC attorneys argued that serving the kosher meals would cost millions of dollars, might violate the First Amendment's establishment clause and could even cause riots.
The inmates — Jon Andrew Cottriel, 44; Jerry Harmon, 49; and Dennis Earl Fulbright, 36 — are incarcerated at Joseph Harp Correctional Center near Lexington.
The trio said they are forced to pay for kosher meals without any real assurance the food is kosher, which is defined as ritually fit by Jewish law. The men allege they are forced to eat just fruits and vegetables in most instances.
Rabbi Ovadia Goldman of the Chabad Jewish Center of Oklahoma City testified about the importance of eating kosher to those practicing Orthodox Judaism.
"Every law that God gave us is an opportunity and a chance to strengthen our relationship with him," Goldman said. "If there's a possibility to eat kosher food, then not eating kosher food weakens our relationship with God."
In a restrictive setting, the best way to ensure meals are properly prepared is to serve prepackaged kosher meals, he said.
Bobby Boone, deputy director of the Corrections Department's eastern region, said to provide such meals would cost Oklahoma's prison system about $3.8 million more annually.
Once kosher meals are served, then other religions will demand other special diets, Boone said under questioning from Oklahoma Assistant Attorney General Stefan Doughty.
Of the 96 religions represented in the state's prison population, 20 could claim to have special dietary needs, Boone estimated. That represents 6% of the inmate population.
The prison system now spends about $2.50 a day for each inmate to eat. Kosher meals would cost about $10 a day, Boone said.
He argued that providing kosher meals would force the Corrections Department to cut staff and would appear as though the agency were providing preferential treatment.
"We're not operating at full staff anywhere in the state of Oklahoma," Boone said. "It would increase the risk — inside and outside the prison."
In 2002, Colorado lost similar arguments when the 10th U.S. Circuit Court of Appeals in Denver ruled the state must serve kosher foods to Jewish prisoners at no charge. The court ruled Colorado had violated the prisoners' freedom-of-religion rights.
After the July 8 hearing, U.S. Magistrate Judge Gary M. Purcell said he would consider all the arguments before issuing a report and recommendation.
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Oklahoma Prisoners Sue for Kosher Food
Kosher News - Tuesday 13 July, 2004
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| Jon Cottriel (2003) |
Lexington, Oklahoma (www.koshertoday) –– Three prison inmates want the Oklahoma Department of Corrections to pay for their kosher meals. T he inmates say DOC is violating the First Amendment by not letting them practice their chosen religion. In federal court this week, DOC attorneys argued that serving the kosher meals would cost millions of dollars, might violate the First Amendment's establishment-of-religion clause and could even cause riots. The inmates are incarcerated at Joseph Harp Correctional Center near Lexington. Jon Andrew Cottriel, Jerry Harmon, and Dennis Earl Fulbright. They say they're forced to pay for kosher meals without knowing for sure if it's kosher.
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Ruling Gives Several Oklahoma Prison Inmates Right To Have Kosher Food
Associated Press (KOTV, OK) - August 27, 2004 7:22:51 AM
OKLAHOMA CITY (AP) _ A federal magistrate rules three Oklahoma inmates have a right to eat kosher food paid for by the state Department of Corrections.
Attorneys for the state say they plan to object to the ruling by U-S District Magistrate Judge Gary Purcell.
Purcell ruled this week that the inmates' right to freely express their Orthodox Jewish religion outweighs state expenses.
Inmates Jon Cottriel, Jerry Harmon and Dennis Fulbright filed their petition while incarcerated at Joseph Harp Correctional Center in Lexington. All three are convicted sex offenders.
State attorneys say they will file an objection to the ruling before a September 14th deadline. Until a U-S district judge makes a final decision, no kosher meals will be served.
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Judge rules 3 Oklahoma inmates have right to kosher food
By Michael Baker Staff Writer
NewsOK.com - August 27, 2004
A federal magistrate concluded three Oklahoma inmates have a First Amendment right to eat kosher food paid for by the state Corrections Department.
State lawyers will lodge a written objection in hopes an Oklahoma City federal judge will reject the finding, an assistant attorney general said Thursday.
U.S. District Magistrate Judge Gary M. Purcell said this week that the inmates' right to freely exercise their Orthodox Jewish religion outweighs state expenses.
Although Purcell's ruling only applies to the three inmates, the magistrate noted that the right is likely to be extended to all Orthodox Jewish inmates after additional court proceedings.
Inmates Jon Andrew Cottriel, 44; Jerry Harmon, 50; and Dennis Earl Fulbright, 36 -- all convicted sex offenders -- filed their petition while incarcerated at Joseph Harp Correctional Center near Lexington.
Oklahoma Assistant Attorney General Stefan K. Doughty said he would file an objection to Purcell's ruling by the court-imposed Sept. 14 deadline.
The objection and the inmates' responses will be considered by U.S. District Judge Lee R. West. West could approve or reject Purcell's ruling, or ask for more evidence.
The kosher meals will be served only if West approves, said the inmates' attorney, Rand Eddy. If that happens, it will set the stage for all Orthodox Jews in state prisons to receive kosher meals, Eddy said.
Cost argument rejected
During a hearing last month, a corrections official testified that serving the kosher meals to everybody who would want them would cost more than $3 million a year and cause disruptions with inmates.
Purcell rejected the arguments.
"There is no persuasive evidence presented by (the state) that the cost of providing kosher meals to the plaintiffs and other Orthodox Jewish inmates would entail more than a minimal increase in the Oklahoma DOC's annual food budget," he wrote.
Purcell also noted that Oklahoma prisons already serve pork-free meals to those of the Muslim faith.
Doughty said his objections to Purcell's opinion will argue that providing kosher meals could violate others' rights.
Serving kosher meals at taxpayer expense would violate the U.S. Constitution by providing funding for the establishment of religion by the government, Doughty said.
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Kosher diet
Orthodox Jews following strict interpretation of kosher laws:
Cannot eat pork.
Cannot mix meat and dairy foods, including cooking the items in the same pan, or using the same utensils.
May only eat beef from cattle that have been properly slaughtered and drained of blood.
Source: Rabbi Ovadia Goldman of Oklahoma City
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Federal court orders kosher food for prisoners
Kosher Gift Baskets - December 16, 2004
OKLAHOMA CITY, Okla. (www.koshertoday.com) A federal magistrate ruled in late August that three Oklahoma inmates have a right to eat kosher food paid for by the state Department of Corrections. The ruling is consistent with similar opinions by other state and federal courts. Attorneys for the state say they plan to object to the ruling by U.S. District Magistrate Judge Gary Purcell. The judge ruled that the inmates right to freely express their Orthodox Jewish religion outweighs the concern over state expenses. The inmates, convicted sex offenders, filed their petition while incarcerated at Joseph Harp Correctional Center in Lexington, Okla. Until a U.S. district judge makes a final decision, no kosher meals will be served.
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Oklahoma Department of Corrections
September 6, 2005
ODOC#: 228378
Birth Date: 12/06/1959
Appearance: White Male; 5 ft. 9 in. tall; 160 pounds; Brown hair; Hazel eyes;
Body Marks: No data available
Sentence:
CRF# County Offense Conviction Term Term Code Start End
93-1699 CLEV Forcible Sodomy 09/23/1994 45Y 0M 0D INC 09/30/2023 09/29/2068
93-1699 CLEV Rape In The 1st Degree 09/23/1994 45Y 0M 0D INC 09/30/2023 09/29/2068
93-1699 CLEV Rape In The 1st Degree 09/23/1994 45Y 0M 0D INC 10/12/1994 09/30/2023
Facility
Current Facility Phone# Reception Discharge Parole Hearing Date Date Date Date
Davis Correctional Facility-Holdenville (405) 379-6400 10/12/1994 09/2008
Address City State Zip Contact
6888 East 133rd Road Holdenville OK 74848 Charles Ray, Warden
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Oklahoma Department of Corrections
December 1, 2012
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| Click on image above to enlarge |
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