CLAREMORE, Okla. — Cynthia Izon, who was released from her 40-year prison sentence, is now facing the possibility of returning to prison on a technicality.

Izon was released in October after her 40-year sentence was modified to 10 years, and all but one year already served suspended.

But now she is wanted by Rogers County once again. This time because of a null and void sentence modification made by Judge Dwayne Steidley.

Izon was convicted on one of four counts of embezzling money from the Northeast Oklahoma Barbie Doll Club in 2002. The money was to benefit the Akdar Shrine.

The Oklahoma Court of Criminal Appeals justices agreed that Steidley’s decision to suspend the balance of Izon’s sentence — the 10 years — “is declared null and void.” That decision was based on state statutes that allow the district court to modify a sentence within 12 months after the original sentencing occurred. Izon’s sentence modification occurred after the 12-month period.

The new warrant for her arrest, issued Jan. 16, lists the original four charges of embezzlement. Included is an order for Izon to be transported back to prison with no bond available.

Greg Laird is local counsel on behalf of Izon’s attorney, Thomas Kimble of Texas.

Izon filed for a motion for a judicial review in May — 11 months after she was sentenced to prison by Judge Dynda Post. She was granted that review, but it was continued several times and eventually conducted Oct. 4.

In the meantime, Izon had filed an appeal and was awaiting the decision from the appeals court. That decision came Dec. 19, more than two months after Steidley modified her sentence.

In the decision, the appeals court justices agreed Izon’s sentence should be modified, “as the forty year sentence exceeds the sentencing range for the crime of embezzlement by an officer after one previous felony conviction.” However, the appeals court ruled that Izon’s sentence be modified to 10 years imprisonment, along with the $500 fine and $81,000 in restitution she was previously ordered to pay.

Some of the delays in getting the review within the required 12-month period from June 2006 include:

•May 23 — Judge Post set the judicial review to be heard in front of Judge Joe Smith.

•May 30 — Izon, with legal adviser Tim Wantland, requested a continuance on her judicial review.

•June 20 — Attorneys Greg Laird and Thomas Kimble represent Izon and make an objection to Judge Smith conducting the review because he was the judge who conducted Izon’s preliminary hearing. The case was then set in front of Judge Steidley on July 9, just more than one month after the 12 month period when the review was legally allowed.

•July 9 — Attorney Kimble was present, but Izon was not transported back to Rogers County from the Department of Corrections. The review was rescheduled for Aug. 30 so Izon could be present.

•Aug. 23 — A motion for a continuance was filed and granted with the hearing rescheduled for Oct. 4.

•Oct. 4 — Review conducted and arguments were heard from both the state and Attorney Kimble. Judge Steidley took the matter under advisement and issued a written order which he announced in open court to modify Izon’s sentence.

Just five days before the court of appeals issued its ruling, Laird made an appearance in Steidley’s courtroom addressing probation issues not covered during the sentence modification hearing. A hearing was scheduled for Feb. 4 to determine which agency would supervise Izon during her probation period of 9 years.

After the appeals court ruling, Laird said a motion to suspend the 10 year sentence was filed in Rogers County District Court, which is allowed under the law.

A hearing date to address the motion to suspend the 10 year prison sentence has not been set, and the warrant for Izon’s arrest and transport back to prison is still outstanding.

Izon no longer resides in Rogers County or Oklahoma, according to her associates.



Krystal J. Carman writes for Claremore (Okla.) Progress.