JUDICIAL  Jackasses

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IN THE DISTRICT COURT OF MAYES COUNTY

STATE OF OKLAHOMA

 

   John Schoonover                   ]

                    Petitioner              ]

                                                ]  

                                                ]           

                   Vs.                        ]             case #  CF 1999-271

                                                ]                 

                                                ]

State of Oklahoma                    ]

                   Respondent           ]

 

 

 

MOTION FOR EXPUNGEMENT

 

Oklahoma Statutes Citationized
  Title 22. Criminal Procedure
    Chapter 1 - In General
        Section 18 - Expungement of Criminal Records

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

Version 2 (as amended by Laws 2008, SB 1648, c. 75, § 1, eff. November 1, 2008)

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge.

On September 12, 2008, Gilda Marie Schoonover filed to this Court a handwritten request for a Judicial Review of her sentence.  Prosecutor Charles Ramsey filed his OBJECTION to this request September 19, 2008.  

1

 

The Prosecutors OBJECTION in his second from final paragraph states that “the petitioner having been convicted of murder in the First Degree remains a threat to society and the best interests of the public would not be served by modifying her sentence”  However, the Prosecutor fails to explain why Gilda Marie Schoonover would be any threat to anyone!

 

The explanation is simple:  The Probable Cause Affidavit for arrest contained, known to the Prosecutor, a statement of perjury; that being that George Klatt, the Prosecutor’s Investigator, swore under oath that John Schoonover, this Petitioner, confessed to Carol Frye to his killing Benjamin October 29 1999 and that this confession was overheard by Judy Girdner. Therefore the simple answer is that the Prosecutor changed his opinion from pointing his finger to this Petitioner having committing the crime of murder October 29 1999 to that of Gilda Schoonover having committed the crime of Murder when she did not.

 

This raises the conundrum as to why this Petitioner was even charged in the first place.  Especially in light of the fact that the Prosecutor admitted at the bench that he knew the Probable Cause contained an error, that being Perjury. 

 

Nonetheless, the Prosecutor did in fact proceed with the charge of this Petitioner with Murder 1 for which the jury acquitted this Petitioner following the second trial. 

 

 

 

2

At the opening of the second trial it was paraphrased to the jury, “We are here to determine which one of these defendants killed Benjamin.”  Violating our Constitution again in that it trashes the phrase one is “innocent until proven guilty” It was prejudicially determined that a murder had been committed when one had not, resulting in an unfair trial. 

 

The fact that this Petitioner committed the immoral criminal act of effecting the untimely certain death of precious innocent 2-year old “Bengermun Miknell Hoonover” [little Ben’s phonetic pronunciation of who he said he was when he was asked] October 31 1999, nine years ago today, by an act totally unknown by Gilda Marie Schoonover until 5 days ago, when this Petitioner explained exactly how it was accomplished, vindicating Gilda Marie Schoonover of the crime charged for which Prosecutor Charles Ramsey objects to any petition of relief asked for by  Gilda Marie by asserting that she “remains a threat to society” when she never was in the first place as Gilda Marie Schoonover committed no crime!

 

Proof Prosecutors send innocent victims to prison; in this case, Life.  A Prosecutor seeking Justice instead of “winning at all costs” would not have sought this conviction of a woman evidence shows is innocent.

 

At the close of the second trial Judge Dynda Post sua-sponte charged this Petitioner with Accessory After The Fact for which this Petitioner was found guilty and spent another two illegal years in prison.  “Sua-sponte” being, in layman terms, spontaneously charged with a crime but denying this Petitioner the benefit of any trial for that charge.  A gross violation of Due Process. 

 

3

Not unlike Lewis Carroll’s Judge Queen of Hearts ruling at Alice’s trial, “Evidence?  We don’t need evidence. Sentence first, evidence later.” 

 

The OCCA reversal of this illegal conviction, the response from the Northern District supporting this Petitioner’s Habeas claim for illegal incarceration, the release from DOC custody, dismissal of the illegal charge and denial of parole by the Parole Board all occurred, coincidentally, the same week.

 

In conclusion, in accordance with Title 22 Chapter 1Section 18 - Expungement of Criminal Records items 1 & 2:

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction, or an appellate court of competent jurisdiction reversed the conviction and the district attorney subsequently dismissed the charge;

 

This Petitioner respectfully requests the expungement of his criminal records in this case, CF-1999- 271 and asks this Court to reconsider the State’s {Charles Ramsey’s} objection to Gilda Marie Schoonover’s Request for Judicial Review as she in no way was involved in any criminal activity and is in no way any “threat to society” and the “best interests of the public” as well as Justice would “be served by modifying her sentence.”

 

Respectfully Submitted,

                                                          John Schoonover

                                              RR 1 Box 67 Cleveland Oklahoma 74020

 

Copies to District Attorney, Gilda Marie Schoonover et. al.

 

 

www.judicialjackasses.com

 

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THE CRIME

 

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Drew Edmondson, October 20, 2008

 

“A foolish faith in Authority

Is the worst enemy of Truth”

(Albert Einstein, 1901)

 

Our Constitution guarantees “Equal Justice Under The Law.”  I am sure you have sworn to uphold our Constitution and will understand the factual inequity of the conundrum when I explain two certain facts that show that you have not applied the law equally when it is with regards to the Elite class you hob-nob with and how it is applied to us lower class of working people, proletariats and senior citizens trying to raise our own families on minimal income with minimum governmental interference; especially when that interference is illegal and immoral and is committed by those under your jurisdiction. 

 

Simply put, three accidents occurred.  Not all at the same time.  Not to the same children.  One extremely minor, one leaving life time scars but no internal damage, one literally life threatening and the extent of the damage hidden from view by one of yours who also fabricated evidence of damage that never happened. 

 

When your friend and fellow elite Howard Hendrick, Director of DHS gave matches to his son Hudson to throw on gasoline, resulting in severe scaring, the proper protocol would have been to have the DHS workers investigate and determine that your friend Howard needs child parenting classes as he obviously does not know how to raise his son. Also, the standard applied psychological evaluation; anger management and home inspection. 

 

However, you protected your friend from this DHS harassment.  You stepped in and ruled the mishap an accident, and as such, the matter needs to be dropped. 

 

When my son rolled off the bed and I took him to the hospital he was released to me to take home with instructions.  None of physicians who examined my son would rule the incident anything but an accidental short fall.  The three physicians did not have your clout.

 

Therefore, DHS intervened, took my son, had the Pawnee District Attorney file Child Abuse charges stating I willfully, maliciously broke my son’s arm. 

 

 

1

 

This was almost two years ago and I am still fighting to get my son back home from where he should never have been taken in the first place!

 

The third accident:  While in DHS Custody my son has actually had three.  A fall on broken glass requiring suturing, a headfirst fall on illegally placed concrete in a play area with the impact so great that the scar still shows after a year, NOT given ANY professional attention to ascertain the extent of intracranial damage, a cut above his eye that has been professionally attended and hardly shows.  A forth worth mention, “He was learning to walk backwards, tripped over a car and hit his face on a coffee table.”  There were more than one bruise on his face from that backward fall against the coffee table.  It insults my intelligence that I be expected to accept that bruised face from a backward fall explanation. 

 

Where was DHS intervention?  I will tell you:  DHS and CASA fought me in court when I tried to get my son’s potentially life threatening head injury from his head first fall on illegal concrete!

 

For almost two years I have had the “willfully and maliciously breaking his arm causing excruciating pain” charge hanging over my head like the sword of Damocles due to far too many postponements.  The most recent are because State’s witnesses are not available when I suggested that the State has almost a dozen available that would suffice.  The State wants specific radiologists.  A specific law officer.

 

And because I “willfully and maliciously broke my son’s arm causing excruciating pain” I must take courses from specific psychologists, specific parenting teachers and even “Anger Management” to prevent future child abuse.  Needless to say, the specific entities that DHS directs are expensive beyond my financial means and designed to fail; and they remain incomplete because I will not incriminate myself so DHS will “look good” and simply put, too much money is to be made by the selling of my son to an adoptive family.  Adoptions cost money; lots of it and it is made by my son’s attorney who is looking out for  whose best interest? 

 

Just how badly did I actually ‘willfully and maliciously deliberately break my son’s arm?’  Pretty bad.  According to a photograph of an X-ray the State has as an exhibit I broke it in three pieces.  Shame on me!  I did not see how that was possible as there was no bruise and my son did not even cry!  But there was the proof, in three pieces! 

 

2

 

 

FOR THREE MONTHS I believed it was true.  Not that I had broken my son’s arm, but that it had been broken.  FOR THREE MONTHS!

 

Then We went to the hospital to get copies of their confidential records.  The radiologist report signed by four physicians reads as follows:  “No fractures.”  We now have the original set of x-rays and it is quite clear that there is no fracture.  There never was! That could also explain why he was always “alert and smiling” when seen by the staff and physicians.

 

At the District Attorney’s direction CASA worker Tari Hughes somehow managed to get the “No fractures” report amended… it did not matter to what.  Or how she did it, at the time.

 

Then the District Attorney gets a disturbing letter from Dr. Nebergall’s office:  Tari Hughes had taken their x-rays, kept them a year, tampered with them and returned them useless.  

 

When we go to Dr. Nebergall’s office to view the x-rays I am denied access.    We go to St. Francis Hospital to view their x-rays.  They had been checked out by his mother November 21 2006 and never returned.  “Impossible,” I state, and when I explain why, that his mother was in jail at the time, The name Tari Hughes comes into the picture. She also had authorization to take the films. 

 

One more place to go, the Cleveland hospital where We are told I am not authorized to view them, Tari Hughes is the only one authorized.  We go to Pawnee to get my authorization and when return with it . . . for some mysterious reason the X-ray films are gone. Good job, Tari. 

 

Now all I have that I can view is a set of untampered with x-rays that clearly shows no fracture and a photograph of a tampered x-ray as a State exhibit that shows an arm broken in three pieces. 

 

ANY layman can hold the two side by side and clearly see with the naked eye they are not the same arm and although they are both clearly marked Elan Wheeler [they did not know his factual name at that time] they are not even of the same child.  The rib cage is different; development of a larger / older child.

 

 

 

 

3

But that’s ok.  Tari Hughes works for the District Attorney and she is so concerned for the best interest of the child she will tamper with evidence to take him away from his natural father.  But that’s ok, she is, after all, one of your fellow elite.  Not a lowly proletariat like me just wanting his son back.  A lowly proletariat that must endure thousands of dollars on scam psychological evaluations that are free at the Department of Veteran’s Affairs that is good enough for our troops but not good enough for your DHS and Parenting classes by a prejudice teacher working for DHS that preaches I am too old [71] to raise my son while my DVA cardiologist thinks it’s great that I have a son and the parenting classes at the Warren Medical Center are not good enough; the DVA has known me for 30 years also are of the opinion I am not in need of any Anger Management where as the Human Resources Center in Sapulpa could not find any need also; except for what DHS reported to them, for example: That I sadistically broke my son’s arm.   The DHS selected psychologist did a 30 minute interview with me, originally determined no anger courses were needed, then called DHS and based his ‘modified’ assessment totally on what he was told by DHS and other irrelevant rumors. 

 

But that’s ok.  I’m not a member of your elite class and it is ok for you and your kind to look down on us lower senior citizens with disabilities and working proletariat class.  It leads me to believe that I now know what trash the gasoline was poured on for DHS Director Howard Hendrick’s son Hudson Hendrick to throw matches and get scared for life:  Old worn out useless copies of our Constitution that guarantees Equal Justice under the Law.  Tari Hughes at least followed a type proper Due Process when she tampered with evidence, got caught and tried to backtrack to destroy her bogus films to cover up her crimes.  I suppose that’s ok too, according to Drew Edmondson, our Attorney General.  She falls under your cloak of immunity. 

 

This minor accident victim deserves the same “Equal Justice Under The Law” that you gave your close neighbors Howard & Hudson Hendrick. 

 

Perhaps others reading this letter will realize the futility of begging you for any help in seeking Justice in Oklahoma when they need it or it will give them hope. * 

 

Sincerely,                            { s i g n e d  }}

John Schoonover

 

* A copy of this letter is posted on my website justice4families.com

 titled “Attorney General” as well as will be your response.

 

4

 

 His reply?  A simple one line reference to his refusal to help when Elan fell on illegal concrete.  Want help from Drew Edmondson?  Forget it!