JUDICIAL  Jackasses

OKLAHOMA BAR ASSOCIATION

CHARLES RAMSEY COMPLAINT

 

August 21, 2006

 

Subjects of Grievance on standard GRIEVANCE FORM

 

One witness listed: Nora Stanart,

ear witness to the accident that took our Benjamin.

 

PROCEEDING WITH PROSECUTION ON A

KNOWN PERJURED PROBABLE CAUSE AFFIDAVIT

 

EGREGIOUS PROSECUTOR MISCONDUCT

 

SUBORNING OF PERJURY

[Dr. Philip Barton]

 

SUPPRESSION OF EXCULPATORY EVIDENCE

ONE HUNDRED EIGHTY DEGREE

MISQUOTES OF WITNESSES

 

THREATENING OF WITNESS

WITH JAIL TIME

 IF WITNESS VOLUNTEERED EXCULPATORY EVIDENCE

 

CONSPIRACY WITH JUDGE POST

PRIOR TO THE TRIAL

TO PUBLICLY DECLARE GUILT BY

 ORATING FALSE STATEMENTS TO

TO DAN ANDERSON OF THE

PRYOR DAILY TIMES

 

DELIBERATE MALICIOUS LIEING

 

Instructions on the form:

 

By law, any complaint you want to make against an attorney must be in writing and must be signed.  Our investigation is confidential.  Our investigation is limited to the ethical and professional conduct of the lawyer.  From the written information and documents you submit, the office of the General Counsel may decide: A. To open an investigation, B. To ask you to provide more information, C. To notify you that our office can* take no action. 

 

1

[Comment not included in the official complaint: One may notice the word “can” in instruction C.  It is perplexing to me that “The Oklahoma Supreme Court had delegated to the Oklahoma Bar Association the responsibility to investigate…” makes the word “can,” instead of “may” or “will” inappropriate.  Nothing the Supreme Court has delegated says they “cannot” take action.  It is their choice to act or, to whitewash the stain by a fellow Bar member, as the best defense is a good offense, attack me for exercising our First Amendment right to expose the atrocity committed against our American Justice system.]

 

Oklahoma Bar Association, ATTN General Counsel

P.O. Box 53063, Oklahoma City, Oklahoma, 73152:

 

                   November, 1999, a Probable Cause Affidavit was given to Prosecutor Charles Ramsey containing perjury by the author of the affidavit, George Klatt.  George Klatt swore under oath that I, John Schoonover, confessed to Carol Frye that I had killed Benjamin Schoonover, my soon to be three year old adopted son.  Carol Frye was to tell the rest of the family.  This “confession” was overheard by Judy Girdner, who, on more than one occasion, has admitted to conducting drug deals with George Klatt and is an favoured acquaintance of Judge Post as has been reported in the Claremore Progress. 

 

                   Charles Ramsey may not have known the Probable Cause Affidavit had been perjured by George Klatt until the bond hearing during which Carol Frye testified under oath that John Schoonover did not confess to killing Benjamin; that she had not spoken with John Schoonover since the month of May, 1999.  Judy Girdner testified, under oath, that she did not overhear any such conversation at any time.  She, too, had not conversed with John Schoonover for several months prior to our Ben’s death October 31, 1999.

 

                   Charles Ramsey, at the conclusion of the bond hearing that proved the Probable Cause Affidavit had been perjured, cannot now deny knowledge of the perjury.  Charles Ramsey did not question the veracity of George Klatt but pursued the charge of murder filed against John Schoonover and Gilda Marie Schoonover.  The newspapers had printed and the TV media had been broadcast that it had been reported by The Mayes County Attorney [Charles Ramsey] that we had tortured Benjamin with a pitchfork and beat him to death with a ball bat.  That the pitchfork had been given to the state coroner, Dr. Distefano, for examination as evidence. 

2

 

 

 

                   At the preliminary hearing and both trials the attending staff at Mayes County Medical Center testified that thorough examination of Benjamin revealed no bruising or other visible injuries to Benjamin. Under cross examination by attorney Gary Madison Dr. Philip Barton of St. Francis Hospital testified that he did not see any bruising and did not log in his medical report any fracture.  An x-ray film was presented that showed no fracture.  Dr. Distefano testified that during autopsy he discovered an occipital fracture 12mm in length. So small that it was not visible on the x-ray film.

 

                   Dr. Distefano testified outside the hearing of the jury that he obtained all his information about the fatality from George Klatt and that he based his opinion of homicide on this information that he received.  Dr. Distefano was not told that Benjamin fell or the surface Benjamin fell on; hypothesized that had Benjamin fallen backward from a piano bench or table onto a concrete surface it would be fatal.   [The surface Benjamin fell on is actually slightly harder than concrete.]  Outside of the hearing of the jury.

 

                   At the first trial Dr. Block testified and volunteered, “The fracture [12mm] was actually not discovered until autopsy.”

 

                   Dr. Philip Barton testified at the first trial that ‘the fracture he discovered’ was about 12mm in length, consistent with Dr. Distefano’s discovery at autopsy. 

 

                   Dr. Krouse testified that the finding of a child unconscious on a concrete like surface, particularly if there was furniture in close proximity from which the child could have fallen, would be conclusive that such accidental fall would produce the occipital [12mm hairline fracture] injury that caused the death our boy. 

 

                   In the closing argument Charles Ramsey reminded the jury that Even Dr. Krouse, the doctor they paid to come up here from Texas said there was no way this injury could be accidental.  There are other mis-quotes of other witnesses but this single one alone, as egregious as it is, constitutes Prosecutor Misconduct and warrants reversal in many courts’ opinions. 

 

3

                   The conviction was overturned by the OCCA on other “Due Process” constitution violations by Prosecutor Ramsey.   Specifically, changing the charge after the closing arguments, thus instructing the jury to vote on a charge not tried. 

 

                   Charles Ramsey also had to have known that Juror Curtis Nickels, whom the transcripts show, lied when being asked about his conversations with prosecution witnesses, [actually in the cattle business with two of the witnesses] was a partner of George Klatt as often as the two were together in the Sheriff’s office and other places…they were together when they displayed “gruesome photographs” of Benjamin to employees of the Adair Lumber yard, and it could just be a coincidence that Nickels’ brother was released from jail for mysterious reasons following our conviction.  But OCCA did not rule on “Juror Misconduct.”

 

                   Curtis Nickels, by the way, was also present at the second trial, and seen “hanging out” with the jurors.

 

                   At the second trial the fracture that did not exist until autopsy had multiplied and grown.  They had also been moved to the top of the head.  Dr. Barton testified to one being 2” [48mm] in length.  This would be consistent with someone striking down on Benjamin with a ball bat as Charles Ramsey had publicized. They had also “stopped the clock” by 45 minutes the evening of the accident. 

 

                   There is sufficient testimony in both trials to show that Benjamin was fine during his conversation with Nora Stanart, within minutes after 1830 hours that was prior to the allegedly unwitnessed injury.  “Allegedly” because the accident was actually “ear witnessed” by Nora Stanart as was our response to the fall and departure to the hospital.  Nora Stanart’s testimony concerning what she actually heard with her own ear was suppressed by Charles Ramsey; she advises me she was threatened with jail if she volunteered the exculpatory testimony.  Our residence was nineteen miles from the hospital.  Records show our arrival at exactly 1900 hours.  There could not be any forty five minute delay for us to “Change his clothes and do other things and letting our boy lay suffering with his brains gushing out the top of his head for 45 minutes before we decide to take him to the hospital.”

                   To confirm no delay is the testimony of the examining physicians that Benjamin’s eyes were symmetrical with no retinal hemorrhages at admission.

4

 

 

                   Enclosed is the “Motion To Exhume The Truth” that is filed with the District Court of Mayes County as an exhibit.  I have filed a Judicial Complaint against Judge Post for her unethical misconduct in this matter.

 

                   Charles Ramsey should have held an evidentiary hearing when he discovered at the Bond Hearing that George Klatt submitted to him a Perjured Probable Cause Affidavit.  Charles Ramsey should have agreed for the asked evidentiary hearing prior to the second trial.  Instead, he elected to follow the evil path set by his perjuring friend George Klatt. He proceeded with false Information, with a juror he had to have known was an associate of prosecution witnesses, misquoted Dr. Krouse egregiously [the same way at both trials], and it blatantly appears that as he was not happy with Dr. Barton’s first testimony of reporting no fractures, to  have that changed to a two inch fracture, and then changed to multiple fractures and moved to the top of Benjamin’s head so he could lament to the jury that Benjamin’s brains were “gushing out the top of his head” for forty five minutes, which would be impossible on three counts:  There is not 45 minutes between 1835 and 1900 hours and there were no visible injuries [testimony from  witnesses at Mayes County Medical Center] and common sense tells one that no one can live for 45 minutes, much less two days, with their head “busted open” and their “brains squishing and gushing out the top” of their head. 

 

                   He had the Judge in the palm of his hand; even prior to the trial in leading her to publicly violate Murchison to the Pryor Daily Times {see S.Ct: In re Murchison 349 U.S. 133 [1955] that a Judge posses neither actual or apparent bias} as is illustrated by the newspaper article [enclosed exhibit] which also shows the creation of bruises where there were none as the DHS report to the Tulsa Daily World [enclosed exhibit] stipulates no bruises.    

 

                   Finally, the same constitutional violation he committed in the first trial he committed in the second; though it was sua-sponte by the Judge he admitted he had planned the same, exacerbated by the expiration of the Oklahoma Statute of Limitations in charging me with a crime not tried, following closing arguments, past the Statute of Limitations, to send me to prison where I remained until the OCCA overturned the conviction on his Oklahoma Constitution and Federal Constitution violations.

 

5

 

 

                   No crime was ever committed by Gilda Marie Schoonover or myself.  The jury was told in a most poignant manner, along with pantomime, of a tortured child, having been beaten in the top of the head, resulting in multiple fractures, where no accidental fracture could occur, and left to suffer for 45 minutes with his brains “Bulging, squishing and gushing” out the top of his head while we plotted what to do to “cover up the murder of this innocent child.” 

 

                   The result at present is an innocent woman rotting in the prison Ramsey condemned her to die in. 

 

                   I was standing behind Ramsey and Gerald Hilsher during a break in the first trial.  He told Gerald: “I haven’t a clue to what actually happened in that house.”

 

                   So he conjured the gruesome story as any good fiction writer could.  He manipulated Judge Post to suppress exculpatory evidence and coached Dr. Barton to change his testimony from finding no fracture to pointing out multiple fractures where there are none.  That Dr. Barton did this under oath for Charles Ramsey I would call it suborning perjury.  Perjury is an acceptable practice for Charles Ramsey; viz the embraced Perjured Probable Cause Affidavit. 

 

                   Why Dr. Barton would agree to testify falsely is speculation.  We were told at Benjamin’s funeral by the parents of another child who was lost because Dr. Barton mis-diagnosed and prescribed a fatal medication for their child, at St. Francis Hospital.  Perhaps he owed a favour.   

 

                   “Winning at all costs” is a far cry from a County Attorney representing the People to seek Justice.  Bobby Fisher shamed the chess community with his perversion of the rules to “win at all costs” when he took the title from Boris Spassky in 1972.   We don’t need that kind of perversion in our judicial system.  It is a far cry from honourable. 

 

 

 

Respectfully submitted,        John Schoonover U.S.N. Ret.

                                         RR 1 Box 67 Cleveland Oklahoma

 

 

{To be posted on the website judicialjackasses.com}

 

6

 

 

The Facts

 

 

Oklahoma Bar Association, September 21, 2006

 

 

Mike Speegle, Oklahoma Bar Association:

 

         Re: Grievance against Charles Allen Ramsey, IC 06-817

         Addendum pursuant to your letter of September 14.

 

The facts are, laconically, as follows:

 

A fatal accident occurred about thirty five minutes into the evening of October 29, 1999.  It was not visually witnessed by anyone, only ear witnessed by two.

 

Marie was in the kitchen.  She ran through the dining room to the foyer where she found our boy having what appeared to be seizure activity on the ceramic tile [over cement] floor adjacent to the dining room.  She kneeled down, picked our boy up and getting no response twisted her still kneeling body to lay him on the carpet in the dining room.  She immediately went to the front door and opened it and hollered for me. 

 

When I entered the house I could see Benjamin prone on the carpet in the dining room having what appeared to me to be having an epileptic seizure.  I have witnessed seizures before.

 

This was an emergency situation and we did not pause to have any discussions.  Immediate action was required and action is what I took; along with control of the situation.  We were in the hospital 19 miles away in as many minutes. 

 

Marie talked with the nurses in the hospital; apparently telling them what she found, that Benjamin had fallen on a cement hard floor.  She was in a state of hysteria.  I was stoic.

 

I remained in the emergency room assisting how I could.

 

All reports concerning the physical status of Benjamin was that his eyes were symmetrical upon entry and there was no bruising or visible signs of any injury.  His posturing indicated inter cranial dysfunction and during our period at the Mayes County hospital one of his eyes began to show signs of elevating inter cranial pressure.  

 

 

 

1

 

Benjamin was transported via helicopter from the Pryor hospital to St. Francis hospital in Tulsa.  It is probable that the negative pressure from the elevation of the helicopter plus the vibration from the rotors exacerbated the problem of internal pressure but this is not an issue.  The flight was necessary.

 

Doctor Fell spoke to both of us at the hospital following his operation on Benjamin.  His first words: “Were either of you two on drugs or alcohol when this boy was conceived; this appears to be drug related.” 

 

I answered, “His mother was, we know nothing about the father.” 

 

That ended our conversation.  Dr. Fell did, however, prescribe Valium for Marie as she was still hysterical.  I was/am stoic.

 

In PICU Dr. Philip Barton came in the room and he was angry.  Marie was under the influence of the valium and when Dr. Barton demanded to know what happened I told him all that I knew, as I did not know that Marie had moved Benjamin:  “He fell,”  “he fell on thick carpet.”  Dr. Barton barked, “You’re lying to me” and turned and walked out. 

 

Jim Stanart, Benjamin’s grandfather, there and then leaned over to me and promised, “If my boy dies I’ll do everything I can to see to it that you go down for murder.”

 

From this came the Probable Cause Affidavit sworn to by George Klatt that I had confessed to killing Benjamin to Carol Frye and was overheard by Judy Girdner.

 

At the bond hearing these two women testified that I not only did not make any such confession but that neither had even spoken with me in excess of a few months time. 

 

The newspapers, however, had reported the ‘confession’ and the released information was telecast that I had tortured Benjamin with a pitchfork and that I had beaten him to death with a ball bat.  I had been tried and convicted the day of the arrest.

 

Charles Ramsey was faced with a dilemma:  He had two innocent people in jail on a Perjured Probable Cause Affidavit charged with a publicized heinous crime that did not exist. 

 

 

2

 

“Their stories did not match.”  Of course not.  Marie found Ben on cement; John said he fell on carpet.  John did not learn of Ben being moved until after the prescribed Valium wore off! 

Valerie Milliken [aka Perkins] perjured for Charles Ramsey at the first trial stating that “Marie was out feeding the chickens and John was in the house with Benjamin when the incident happened.”  She stated that Marie came to her house and told her all about it before we took Benjamin to the hospital. 

 

That, of course, is simply not possible.  No one questioned that she had several outstanding warrants from Florida, Louisiana and local, one of which was criminal impersonation.  She was not to be arrested.  She owed a favour.   I kept copies. 

 

Charles Ramsey repeated her testimony as fact to the jury that I was with Benjamin….he knew her testimony was false.

 

Defense attorneys pointed out to Judge Post that he misquoted witnesses 180 degrees from the truth.  Judge post asked him if he misquoted witnesses and Mr. Ramsey replied, “I don’t believe I misquoted anyone, Judge.”  If this was not a deliberate lie then it was the result of a memory failing to remember the truth of what was actually testified or what he had done.  I do not believe his memory is defective; Judge Post blindly took him at his word. 

 

Due to him changing the charges following the first trial the convictions were overturned.

 

When Benjamin is exhumed it will be clear that there are no fractures anywhere other than an alleged hairline left occipital measuring less than 12mm in length, that was “Actually discovered at autopsy” because Dr. Barton never ‘originally’ saw any at all.   Dr. Barton committed perjury when he testified for Charles Ramsey to finding multiple fractures and when he denied calling me a liar.    

 

It will be clear that Benjamin’s brains could not possibly have been bulging, squishing and gushing out the top of his head for even a second, much less 45 minutes as Charles Ramsey poignantly lamented in pantomime.  Nine jurors did not buy his performance.  Without his unrebutable dramatic closing argument there would not have been the conviction that Charles Ramsey needed at all costs; Justice be damned.  It is of no concern that he has sent an innocent woman to prison to die when no crime was committed by either defendant. 

 

3

 

This is not the magnitude of Watergate, but is more important because of an innocent life taken for the sake of a smiling photo in the local paper with the caption “I won.”  Bobby Fisher won, too, and his, like this, was a far cry from an honourable ‘win.’   We cannot allow this miscarriage of Justice to be swept under any carpet. 

 

Every day that passes the stakes become higher.  In March of this year a Tulsa jury awarded Arvin McGee $1 million for every year he was wrongfully convicted as Marie and I have been.  Charles Ramsey already faces “Schoonover did not commit the crime and could not be charged with it” as handed down by the OCCA after I was wasted for four years in prison.  The math should not be difficult. 

 

In May of this year Judge Post handed down a 25 year sentence and a 15 year sentence of imprisonment for one found guilty [questionable validity] of simple Embezzlement.  No one was injured by the accused.  Assuming validity of the conviction and sentence, what should be the sentence for one “kidnapping and torturing” an innocent person for five years under the cloak of justice starting with a confirmed Perjured Probable Cause Affidavit?  Two innocent people?

 

We must hold our officials accountable for their actions.  No, they won’t pay; the Mayes County residents Ramsey represents will foot the bill for their prosecutor’s criminal irresponsibility and though the tax increase will be small for each individual, the majority will remember it at election time.  Removal from office is a small price to pay for the wanton cruel and unusual destruction of human lives.  

 

I do not want vengeance.  All I am seeking is Justice according to the Law.  Justice for all.  And a cleaner Mayes County.

 

Isn’t that what all courageous men of honor would want?

 

 

 

Respectfully,

 

 

 

John Schoonover

RR 1 Box 67 Cleveland Oklahoma 74020