Attorney's debate whether Hogue had knowledge of child abuse on first day of trial

Oct. 28—In opening statements Wednesday, prosecution and the defense debated in Cleveland County District Court whether Rebecca Hogue should be convicted of a murder both parties agree she didn't commit.

Hogue is charged with first-degree murder through enabling child abuse after her then-boyfriend, Jeremiah "Ryder" Johnson, killed her son. Her son died in the care of her then-boyfriend Christopher Trent on New Year's Day 2020 while she was at work. Trent died by suicide three days later.

In July 2020, Hogue was arrested and indicted by a multi-county grand jury on charges of first-degree murder under the state's "Failure to Protect" law, which allows a parent, guardian or caregiver to face the same punishment as the abuser if the prosecution can prove the defendant knew or reasonably should have known about the abuse.

Assistant district attorney Patricia High tried to persuade the jury that Hogue should have known about Trent's pattern of abuse, informing them of past injuries Trent inflicted on Johnson over the span of several months in late 2019.

"(Johnson) did not have a single explanation for a single injury" when asked by Hogue, High said.

"And that is why Rebecca Hogue is guilty of murder in the first degree — because she continued to leave her child with him," High said. "She put him at risk and she knew it, and if she didn't know it, she reasonably should have known it, because Christopher Trent beat her child to death, but only Rebecca Hogue gave him access."

The defense argued Hogue had no idea her son was abused; Trent provided explanations for Johnson's injuries, they argued.

Hogue, who worked late the night of the murder, came home and believed Johnson was sleeping peacefully. It wasn't until she woke up that she found her son unresponsive, evidence shows.

Defense Attorney Andrew Casey of Foshee and Yaffe, who is representing Hogue pro-bono, used his opening statement to detail how Hogue herself was a victim of abuse prior to meeting Trent. Johnson's father is currently in prison for drug dealing, and used to beat Hogue, the attorney said.

When she met Trent, Hogue did not see the signs of abuse that she'd seen in Johnson's dad, Casey said.

"The guilty flee — Christopher Trent fled, he ran away," Casey said. "Christopher Trent killed Ryder Johnson and he ran away from that home in Norman. He ran out of Cleveland County, he ran down to the Wichita Mountains and he hanged himself. He fled this whole universe because of what he did, he ran, he fled. Rebecca Hogue stayed. She's innocent.

"She woke up and found her kid dying in bed next to her, restless and lifeless. She called 911. She ran downstairs, she listened to the 911 operator and she started CPR trying to breathe life back into her son."

Casey and Hogue's legal team aren't the only people who don't believe Hogue to be guilty of first degree murder. In a recording The Transcript obtained in July 2020 that captured a conversation between two of the lead Norman Police Department detectives on the case and a citizen, one detective said this is a "bulls---" case, and said they wouldn't reccomend murder to the D.A's office. The office decided to pursue charges anyway.

"Rebecca Hogue would love to sit here and testify to you a million times to bring justice for her son against Christopher Trent, but he's not here to stand before you," Casey said. "He's not here to face justice, so the Cleveland County District Attorney's office charged her.

Not the police that investigated the case. The police didn't submit a charge. You'll hear a lot about that too, and you'll hear about, because of that, them having to go to the secret confidential grand jury process."

Because a grand jury charged Hogue with first-degree murder through enabling child abuse, Cleveland County District Judge Michael Tupper said the detectives' opinions on the case and the charges are not admissible in court. The only relevant fact is whether they submitted said charges to the D.A's office.

The witnesses called by the state on the first day of trial were all first responders who arrived at Hogue's house after she called 911. Body camera footage viewed in court shows Hogue performing CPR on her son trying to revive him.

Hogue was visibly distressed in court, crying when her son's body was shown on the TV screen Wednesday.

The trial resumes at 9 a.m. Thursday in Judge Lori Walkley's courtroom, with Tupper presiding.

Reese Gorman covers politics and COVID-19 for The Transcript; reach him at rgorman@normantranscript.com or @reeseg_3.