A prison inmate still facing multiple charges in Garvin County in an alleged football ticket scam has filed a court motion claiming his rights to a speedy trail here have been denied.

The affidavit from Mitchell Lee McWhirter, 44, claims he only recently found out about the eight felony counts here, filed in August 2008, because he’s been incarcerated in an area prison since last fall.

Those charges here allege McWhirter convinced eight people to pay him $600 each, or $4,800 in all, for season tickets to the Sooners’ home games last year, in addition to OU’s annual match-up against rival Texas in Dallas.

Authorities said the promised tickets were never delivered leading to the eight filed counts of obtaining money by false pretense.

About a month later — Sept. 19 — McWhirter was sentenced to an eight-year prison term in a Payne County case after a conviction on the exact same charge as the ones alleged here in Garvin County.

McWhirter stated in his motion he was recently informed about the eight charges from staff officials at the John Lilley Correctional Center in Boley, located northeast of Seminole.

In the motion McWhirter claims he’s being denied his right to a speedy trial or having counsel appointed to him for the cases against him here.

He questions why prosecutors haven’t moved forward with the case, especially since he was behind prison bars and available to be transported to a Pauls Valley courtroom in order to face the formal allegations.

McWhirter even claims there’s been an “unjust delay to preserve evidence in his defense of the allegation made against him.”

Those allegations against him came last August when eight individuals reported to the county sheriff’s department their complaints about the alleged scam.

An affidavit prepared by deputies shows one local couple claimed to have met with McWhirter at a Pauls Valley truck stop on an undisclosed date. It was there they told county deputies a total of $1,200 was paid to McWhirter for the tickets.

They claimed McWhirter asked for the money up front so he could give the money to his mother in exchange for the season tickets.

McWhirter is alleged to have signed a statement agreeing to deliver the tickets. The notarized statement allegedly had the suspect making the claim the tickets would be available shortly before the football season began.

The couple told deputies that every time they spoke with McWhirter by cell phone he offered a different excuse for the delay.

The ticket sales are alleged to have taken place in the 2008 months of April, May and June with the agreement those tickets would be available in August.

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