JUDICIAL  Jackasses

 

December 31, 2010

 

Mr. BRIAN THORNBURGH, DISTRICT SUPERVISOR

 

Re: Inmate Misconduct Appeal #LCCC-10-040

John Vernon DuBiel, 238816

 

Dear Mr. Thornburgh:

 

I have before me a copy of your conclusion to concur and uphold the actions of the disciplinary chairperson in the above matter.

 

It is almost a “form letter.”  It reeks of an axiom old as Aesop; “Birds of a feather, Flock together.” 

 

First, I must qualify my status justifying involvement of myself in this matter and publish the truth on my website judicialjackasses.com: 

 

A jury of 12, “due process” being followed, convicted me of First Degree Child Abuse Murder in April, 2001, and sentenced me to life in prison; parole date to be April, 2016.  First two years spent at James Crabtree, working with and for John DuBiel with a multitude of tasks, many of which were formulated by the then prison psychologist Dr. Don Bruce as well as in collaboration with John DuBiel.  It was their joint effort. 

 

There are two things ‘bad’ that can be said about John DuBiel:  1, although  highly intelligent he has a low tolerance for ignorance, and we both know that prison populations are permeated with ignorance.  2, John’s penmanship is atrocious and could sometimes be mistaken for chicken scratches.  I know.  I’ve translated 1000+ pages of his cursive ‘hieroglyphics’ to legible type.   

 

John DuBiel’s clavicle was severely broken and remains unhealed properly due to apathy of DOC medical staff when it was broken June, 2002 by a professional boxer, Ojerra Jackson, 260397, whom John was trying to explain why property of a friend of Ojerra’s could not be immediately returned to that ‘friend’ that had been taken in a shake-down.  Ojerra, Murder 1, a crip or blood leader, was not satisfied with John’s explanation of protocol and without provocation lashed out with two fists so fast the shadow could not follow and in the blink of an eye John was falling back toward me unconscious. 

 

Ojerra’s parole date is April, 2012.  He and I have one thing in common:  Neither of us have any remorse.  Which is why the Parole Board would not grant me a parole.  Ojerra ‘faked’ remorse and his way through the “Thinking For A Change” program John and Dr. Don Bruce formulated; I refused to take it.  So, with a life sentence and parole denied, how am I out?

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The OCCA ruled “Schoonover has not committed the crime. . .and could not be charged with it.”  Its difficult to exude a faux remorse when one is innocent!

 

An overzealous prosecutor and pre-biased judge.  Both with reputations similar to Officer Leighow.  They had the desire to punish! To flaunt their power and win at the expense of Justice.  Get their names in local headlines.  Still, today, with the inner weakness to realize “He wasn’t even there” and apologize. 

 

During my ‘vacation’ in your DOC cages I witnessed numerous outstanding officers; both genuine and phony as $3. bills.  Former Oklahoma Governor David Hall was outstanding.  So was former President Richard Nixon.  Until they got caught.  Officer Leighow’s record with DOC will continue to remain “spotless” . . . until he gets caught by someone other than an inmate. 

 

Gloss it over all you like, it will not change the fact that exculpatory evidence was suppressed and disregarded simply because of the source.  Would you slough off my affidavit that John DuBiel simply does not use the vulgar language Leighow alleged? 

 

A statement of error was made about the grade of ‘write-up’ [X] threatened for an ‘A’ or ‘B’ offense by an officer flaunting power.  Such was related to John when he asked a fellow inmate what was said.  John replied to that inmate the error of the hearsay comment stating the correct grade of charge applicable to the alleged offense being factually lesser than the officer allegedly stated.   If Officer Leighow actually made the statement he was wrong and needed corrected for threatening an ‘X’ punishment for a non necessarily intentional ‘A’ offense. 

 

If Officer Leighow did not make that improper threat he should have said so.  John’s correction and comment would then have been invalid.

 

However, as those are the facts, no crime or offense of any manner was committed.  Therefore, if we can’t get John with facts, lets put some words in his mouth that are so common among the general populous of inmates, considering the fact that most are terribly ignorant, and as an example of the type of ignorance I recall an inmate who shot his wife in the back of the head at a distance of 5’ because she was leaving him and a witness testified she begged him not to shoot, but the inmate maintains he is not guilty of murder because “She made me do it.”  [Up for parole July, 2011, discharge date July, 2012; I hope no other woman “makes him” do something he shouldn’t.] It is just as valid for Leighow to claim “DuBiel made me write him up!” 

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Lets consider what is best for all concerned.  Well, we can’t, here.  Too many self-serving variants.  You are concerned for your status as Supervisor and control of those under you.  Leighow is concerned for his reputation and power of an outstanding officer.  DuBiel is concerned about getting out and being a useful person to the best of his ability.  I am concerned about getting DuBiel out so he can help me in doing what my age [74] and disability severely limits me from doing.  Nancy wants him out for the same selfish reason. 

 

The Parole Board voted Mr. DuBiel out but Leighow’s desire to exert power and punishment outweigh reason which reminds me of a warning from Nietzsche to “Distrust all who have a desire to punish.”  

 

I owned a Boxer dog when I was a child.  In ignorance I punished it a lot.  Why shouldn’t I exercise my juvenescent power over my dog? to him I was God!  I wonder if Nietzsche ever observed this type of occurrence to conclude why dogs are so popular.  I observe this power in so-called intelligent dog owners even today.  The worst being the Master/Slave relationship between a Mabel Basset Officer and his “drug” dog.  If ever a dog was abused, that anemic pint-sized German Shepherd is.  After attaining maturity I raised and owned German Shepherds from the early 60s to the late 70s.  Akitas from then to the present. 

 

Stitches being required once, a physician asked me what happened and I told him my dog bit me.  “Did you shoot it?”  “No, we were playing and it was an accident.”  Criticizing my decision, the doctor replied, “If my dog ever bit me I’d shoot it.”  As God, he would have that right.  As God, Leighow has virtually equal ‘life-death’ power over all the gray-clad ‘dogs’ in the custody of DOC!

 

I have never had to “punish” any of my German Shepherds or Akitas.  Treated right they have all strived to please me.  They have all succeeded in doing so.  They have never been my ‘slaves’ but companions.  I do not usurp my authority as their “God” as do all too many dog owners to their animals.  All too many members of the human race allow power to corrupt their reasoning and atavistic desire to punish all too often extend this desire to fellow humans. 

 

Leighow will get caught, eventually, as did President Richard Nixon, Oklahoma Governor David Hall, and even Sheriff Roger Price of Pawnee County.  How can then, the damage done now, to John DuBiel be undone? 

 

You acknowledge that two inmates, Smith [608552]  and Gilworth [94234], witnessed a different ‘version’ of the incident.  Your nomenclature is well chosen to indicate that each ‘version’ of theirs was different . . . from one another or different . . . from DuBiel’s.    You neglect to state the fact that these two inmates, like Officer Leighow, also do not have a history of making false allegations.  Your praise of Officer Leighow is an obvious indication of improper prejudice in this matter. 

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You fail to mention that neither Inmate Smith nor Gilworth have anything to gain by testifying to the truth!  You dismiss character witnesses when they do not conform to your vision of character.

 

Worse:  You do not consider what is best for all.  Last September the Parole board voted for Mr. DuBiel’s parole.  December 29 they updated their reports to finally conclude the August docket.  That means they are still sitting on their haunches with pending September, October, November and December dockets and in two weeks that will include pending January docket! 

 

Does this write-up of Mr. DuBiel benefit ANYTHING or ANYONE?  No!

 

Does it cause HARM to anything or anyone?  Yes.  The desire to punish John DuBiel directly harms DuBiel; it adds to the burden of the Parole Board, overcrowding in already underfunded DOC, it causes more paperwork for your secretaries and others, and last but not least, it adds to my prison phone bill, support for John while he is caged and useless to anyone; including himself when he could be out helping me while earning his own keep and being a productive member of IRS supporters. 

 

It can be said that you are helping to cut your own throat when you deter would-be tax payers from contributing to the taxes from which you derive your income!  Which, by the way, the last time I checked, the net at least, and even gross for some if not most Officers is less than my earned tax exempt military Service Connected Disability Compensation.

 

When that fact was discovered at JCCC it caused me a peripheral problem  in that when I required and requested a new coat or article of clothing, jealousy of certain otherwise high degree of integrity and professionalism Officers as Officer Leighow prompted the callus response, “You’ve got more money than I do; go buy it yourself.”  Which I quickly learned to do.  

 

It is unfortunate that all too many Prosecutors seek to punish on artificially created weak threads and less than threads of evidence for the sake of a feather in their cap and that thus Oklahoma excels in prison population; including being the proud home of the largest women’s prison in the world, and guards such as yourself are so underpaid, and with such little requirements to become a guard that even ex-convicts can and do qualify for positions in DOC, that there are all too many mis-fits that could not get a job at McDonalds squeezing through the employment filter to mix with the truly dedicated honest Officers  and, being x-military I can relate it with the ‘don’t ask don’t tell’ issue of recent; on the front lines it does not make any difference to an SKS or AK-47 bullet; we all wore the same uniform.  

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You all wear the same uniform but are not in combat and you are not all the same under the uniform.  We both know that for a fact.  Just as we both know for a fact that all inmates are not dirt to be taken advantage of and whipped just because some Officers are atavistically infected to enjoy watching others suffer. 

 

John DuBiel, 238816, did not use the vulgar nomenclature he has been falsely accused of using.  A lie detector administered to both DuBiel and Leighlow would verify that statement. 

 

I think I will take my Japanese Akita outside, tie him up and whip him just to vent my frustration of this inequity that has been inflicted on Mr. DuBiel.  Maybe it will better help me to understand the philosophy of you and your fellow Officer Leighlow throwing a monkey wrench in the progress of John DuBiel’s earned and well deserved release on parole.

 

 

With all respect due,

 

                                            signed

                                      John Schoonover U.S.N. Ret.

                                      1120 S. Bears Glen Mountain Road

                                      Cleveland Oklahoma 74020-7620

 

 

 

Published on judicialjackasses.com under the protections of our First Amendment to our Constitution.   Although the Supreme Court has ruled that “The Constitution does not stop at the prison gates” be it noted that this once illegally confined victim in DOC has experienced the fact that such is not the case here in Oklahoma's Department Of Corrections.

 

     

However, the Golden Rule is followed, religiously.  That means, literally, those who holds the golden keys, even though they are made of brass and not gold, rules.

 

 

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Copy sent to Oklahoma Parole Board

 

UPDATE

JANUARY 6 2011

 

January 6, 2011

 

 

Mr. BRIAN THORNBURGH, DISTRICT SUPERVISOR, LCCC

and

 

OKLAHOMA PARDON & PAROLE BOARD

 

Re: Inmate John Vernon DuBiel, 238816

 

Dear Mr. Thornburgh:

 

I am not a taxpayer.  I am exempt from Sales Tax, State Income Tax, Property Tax, Driver’s License Tax, New Vehicle Excise Tax, and my DV2-766 Auto Plate costs only $10.  I only have one, but am allowed two.

 

Therefore, I am not surprised when I hear the retort, “You don’t pay taxes; you don’t have anything to complain about.” 

 

Charo, when the Pope made a public comment concerning her promiscuity,  retorted, “He no playa the game; he no makea the rules.” 

 

I no paya the taxes; I got no saya how they are wasted.”

 

You may or may not be a Veteran.  That does not matter.  In Disney’s Black Hole, robot Roddy McDowell commented, factually, about those who necessarily stay at home as also serving by ‘holding down the fort’ while Veterans have voluntarily put their lives on the line. 

 

Not all Veterans exit Service in the same condition they were in when they entered.  I earned my tax exempt status and in doing so I did not forfeit my right to orate about inequities in the system for which I stood when I earned my present status. 

 

That being said, I received a disturbing telephone call last evening.  I was reminded about zoo keepers and how, when they are criticized, sometimes ‘take it out’ on the animals in their cages. 

 

Let me make it plain as day:  I spilled the beans to the public.  Not Mr. DuBiel.  You can’t hurt me, but you can hurt Mr. DuBiel.  Lock him down on another false charge or transfer him to a more undesirable facility.  There are any number of things you can do to hurt Mr. DuBiel. 

 

A number of things that would interfere with his pending Parole that would directly cause me harm because it adds to the delay I could have him here helping me build a permanent residence for Nancy and I.   

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“Sanctions” being imposed on his “punishment” could be reversed.  Presently I understand that this ‘incident’ has no bearing, due to sanctions, on his pending Parole.  If that is truly the case then I should hear that from the Parole Board.  But prior to date, I have been unable to obtain confirmation or denial of anything from the Parole Board. 

 

“Watch what you say” is what Nancy just advised when I expressed disgust at the system.  If our forefathers took that advice we would all be pledging allegiance to the Union Jack instead of Betsy Ross’ “Stars and Bars.”  Crowns and Pounds were all around, but Dollars and Cents made more sense.  Perhaps that could be questioned now as their prison system is less than a tenth [percapata] the drain on England’s taxpayers than it is on us.  Correct me if I am wrong.

 

Now.  Lets cut to the quick:

 

“Juanita,” Pardon & Parole Board [405 602-5863, called from 918 607 3351] at 0949 this date, advised us that this Class A ‘writeup’ IS the cause of the hold-up at the Parole Board and that John DuBiel DOES have to take the Thinking For A Change course he and Dr. Don Bruce formulated at JCCC almost a decade ago and that John DuBiel IS being required to have another parole hearing March  because no one at your facility [LCCC] has advised the Parole Board that any/all “punishment” has been waived with regard to the ‘Class A’ write-up.

 

We have already transmitted records from JCCC sufficient to confirm Mr. DuBiel’s involvement in the formulation of The Tree Of Life programs at JCCC, a part of which is the sub Thinking For A Change course.  If John DuBiel MUST still take the course, I request that you advise him today!

 

Do we want to resolve this superfluous artificially created quagmire expeditiously or do we want to serve no beneficial purpose by keeping John in prison to rack up more wasteful expenses for an already overburdened Prison, Parole Board and Judicial System for Oklahoma Taxpayers? 

 

I request a straight answer to that question.

 

Respectfully,

                                                          SIGNED

John Schoonover

11 20 S. Bears Glen Mountain Road Cleveland Oklahoma 74020

 

 

Faxed [1/6/11] and mailed to Addressee and the Pardon and Parole Board.

Copy mailed to inmate JVD. 

 

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 editorial

January 11 2011

 

 

 

 

 

 

Our Mission : 

The mission of the Pardon and Parole Board as a vital part of the criminal justice system is to determine the best possible decision, through a case-by-case investigative process and to protect the public while recommending the supervised released of adult felons. Although, in recent years the Board has been mandated to assist with alleviating prison overcrowding, it remains our goal to maintain a low revocation & recidivism rate for the State of Oklahoma.

 

That being said, and printed on the web, I am taking the liberty of posting this on my website, judicialjackasses.com, for anyone anywhere with access to the internet, who is interested, to read at their leisure.  A  printed copy has been mailed to Oklahoma Governor Mary Fallen, who has more important issues to concern herself with, to throw in the waste paper recycle bin. 

 

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The Pardon and Parole Board granted parole [subject to Governor approval] to John Vernon DuBiel, an inmate . . . to be contemporarily politically correct: an OFFENDER, not in prison but in a Department Of CORRECTIONS center, in September, 2010.  Others were also granted parole that date as well. More the following October, November, December, and most recent January, 2011.  None of whom has yet to be submitted to the Governor for approval.

 

Quite a backlog. 

 

 

Oklahoma is the only state that requires the Governor to waste her valuable time sorting out deserving from undeserving convicted criminals to send to the streets to pay their own way instead of continuing to be a burden on Oklahoma

taxpayers.

“Forged Instruments of Debt” [bad checks] were delivered to the office of John DuBiel.  This constituted the charge of  “POSSESSION OF Forged Instruments of Debt.” For which he has served over ten years of a thirty-year sentence* for this non-violent victimless crime.  NOTE:  No attempt was ever made to pass or cash any of the bad checks.

He has earned a parole.

 

*The same sentence a drunk driver received for killing two bicyclists last year just west of Sand Springs.

 

RECIDIVISM of parolees is in the vicinity of 73%.  One reason can be found in the ‘help wanted’ ads. When has any employer advertised in his requirements such as “Graduate of Prison Anger Management” or “Prison GED”?  Some parole applicants put up a façade sufficient to fool the Board and when things are tough, do what they do best: Steal a car or a gun or cook some meth.  It is especially difficult for a particular 60% Disabled Veteran in a Tulsa Halfway House requiring a hospital visit when he fell on the ice exacerbating his permanent Service Connected shipboard injury.  What employer will hire an uninsurable handicapped worker?  But that is another case and does not involve  the Parole Board.

 

But for one fact, John DuBiel is a high risk for recidivism.  Negatively, he is age 64.  Less than one year from Social Security.  With hypertension, diabetes and a broken clavicle DOC Medical shirked its duty to properly set so it could heal.  No car, no driver’s license, no income, one change of clothes suitable for wearing in one’s yard in good weather. 

 

There are a few places in Tulsa that ‘take in’ freshly released convicts.  Predominately Christian faith based religious with their varied proselytizing participation requirements.  Anyone out there that wants to give him a ‘fighting chance’ e-mail me.   Don’t expect any up-front money for rent/utility deposits because he doesn’t have it. 

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If that is all Mr. DuBiel had going for him he could not even be granted parole. 

 

However, John has had a room waiting for him for over two years in our home.  He has also had an established active phone with his own # waiting for him.  He does not have a vehicle but we do and being independent can transport him practically anywhere practically any time. 

 

Neither of us are eleemosynary; John would earn, at least part, of his keep with physical and mental activities we are incapable of performing without his assistance.  It would be a positive symbiotic progression in our lives.   And he would no longer be a burden on Oklahoma Taxpayers.  The Pardon & Parole Board will have completely fulfilled their “GOAL” of mandated reducing DOC overcrowding and maintaining integrity of protecting the public while minimizing any risk of recidivism.   We would be instrumental in the metamorphosis of John back into the real world.

 

Had Jari Askins been elected, she would have recognized the name John DuBiel as she was insturmental at the time Prison Psychologist Don Bruce and John DuBiel presented her with the foundation for the first drug courts put into place almost a decade ago and without doubt would favour the signing of his Parole.  However, she and I did not see ‘eye to eye’ on a Constitutional issue and I voted Republican.   

 

All the Pardon & Parole Board needs to so to serve Justice in this matter is to simply quit dragging their feet and racking up continued superfluous wasting of taxpayer’s money.  

 

 

Written and published opinion by John Schoonover, U.S.N. Ret.

 

1120 South Bears Glen Mountain Road, Cleveland Oklahoma, 74020