JUDICIAL  Jackasses

OETA

 

Oklahoma

Forum September 21, 2009

 

An extremely interesting discussion about out prison system.  Extremely misleading. 

 

Some of the facts they discussed were that

Oklahoma

houses the largest female inmate population. . . let me correct that label.  Used to be ‘inmate’ population.  Recently changed to “offender” population in the world.  Not just the country, the world!  Costs over $2,400. monthly for each inma…offender. 

Oklahoma

does not rank that high in male offenders.  Cost for their housing a bit less than females; closer to $2,000. monthly. 

 

Our prisons here in

Oklahoma

are also overcrowded.  So why not release some of the non-violent non-threatening inmates? There, I did it again, referred to the caged as inmates instead of the now politically correct “offender” label. 

 

Let me explain why I have a problem with the nomenclature:  An “offender” has broken the law.  Offended society in some way.  An “inmate” is one who is incarcerated in prison.  They are not necessarily “offenders.”  Our Judicial system is such that our prosecutors are so eager for convictions they occasionally send innocent victims of their overzealous prosecutions to prison.  Yours truly was one of those.  An “inmate” but not an “offender.”  Until the Oklahoma Court of Criminal Appeals ruled “Schoonover has not committed the crime…and could not be charged with it.”  I was an “inmate” for four years but never an “offender.” 

 

I could site a few other examples of injustice such as that but this one shall suffice now.

 

90plus% of the inmates in prison are offenders.   Which means many Gung-Ho prosecutors send only about 10% of innocent victims to prison!

 

I shall be ‘politically correct’ and refer to all, including the innocent inmates, as “offenders” and that should make a few happy.

 

So in these troubled times, or any time, for that matter, doesn’t our judicial system/prison system . . . and I flatly refuse to refer to the prisons as “Correctional” facilities as there is just so much bull shit this person can stomach.  They are prisons.  Glorified cages we should be proud of as it is a status symbol to the fact that

Oklahoma

citizens raises and is home to so many more criminals than most states.  And it is profitable for the State.  Not you, the tax payers, the State.  You pay through the nose to support these lucrative prisons. 

 

Granted, prisons are necessary for those who present a danger to you; society.  I have encountered many who will not ever see the light of day; three, that I know of, have expired since I was ordered released.  Two of those three would have been a hazard to society and one was simply too old [and had actually served more than his sentence] to be a threat to anyone; he simply had no way of taking care of himself and no one ‘outside’ wanted him.  They were necessary burdens to society.  They were also burdens to the prison system.  Senile with terminal medical problems and unable to work. 

 

But many of those healthy and desiring to work can and do work, and get paid, recently $60. a month, for a hard 40 hour work week with what is called OCI.  Making garments.  Shoes.  Food products. License plates. Furniture and even pens and pencils.  An extremely long list of products.  Slave labor whose products are sold at competitive retail prices and who gets the profit?  The State, of course.  It is a lucrative business. 

 

I received a notice today from the OSCN about a case of a rather intelligent offender who had been sentenced to 90 years for three charges the most non-violent of crimes: Possession of forged instruments of debt.  On direct appeal a decade ago it was ruled that two of the charges were invalid.  Leaving the offender to serve 30 years for a first crime of the most non-violent possible. 

 

Also there was no victim!  There was no attempt to cash any ‘bad’ check.  No one lost any money.  Thirty years for a non-violent victimless crime!

 

Mark my words; the truck driver that killed ten innocent people on the Will Rogers Turnpike near

Miami

will not get a 30 year sentence!   

 

The truck driver is 76 years of age and of little value to the prison system.  He can not work 8 hours day for $60. a month. 

 

The highly intelligent offender teaches school in prison.  Where else can one get a qualified teacher for $60. a month?  He is a value to the prison system.  He can and does work an 8 hours a day for $60. a month.

 

The truck driver can no longer get a job anywhere but must rely on Social Security for the rest of his life. 

 

The 62 year old offender seeking release has job offers waiting for him and he can support himself and become an asset to any community he resides in.  His release is wanted by many friends who would willingly assist him in any way with his transition from prison life to the outside world. 

 

The truck driver . . . there are many relatives of ten deceased people . . .

But he is not an asset to the prison system. 

 

I am 73 with a medical disability and not an asset to the prison system.

 

I know a 59 year old woman in Mabel Basset who is innocent beyond any reasonable doubt who the Courts refuse to accept acknowledgment when the one who committed the crime for which she was charged came forth and advised them of the fact . . . and she is in no way any threat to any society anywhere, but she will not be released because she is an asset to the prison system.    

 

Not unlike the German Prison Camps where records were kept as to how much work and for how long a prisoner would be an asset to their prison system.  Guilt or innocence didn’t seem to matter much there, either.

 

All five judges on the Court of Criminal Appeals denied a man whose health is beginning to wane but maybe has a few good years of productivity left compassion for having received such an exorbitant sentence for the least violent of crimes and not even any victim his much deserved freedom and instead to keep him imprisoned for a few more years because he is an asset to the prison system. 

 

This asset prisoner is 62 years old.  Due to the great prison diet he is now a diabetic and with their great medical care provided in a few years his feet will start to ulcerate, he will lose his vision, and when his kidneys start to fail our wonderful judicial system will realize him as no longer an asset to the prison system and develop the façade of compassion and advertise that fact with public notice that they are releasing him [IF he has friends who are still alive and can take care of him] because of overcrowding and the prison system is so short on funds and we need to build more prisons.

 

I have a formal eighth grade education.  In 1953 it was more important to me to go into the military than finish school.  A big mistake not possible to make in this day and time.  In the past fifty years I have read enough history to know that it repeats itself all too often.  You will ‘wake up’ when it is too late.  Just as the Jews did after to Mein Kampf when they realized the Sicherheitsdienst was not created for the good of all people.  Too late. 

 

As long as we have prosecutors with big egos whose primary goal is to “win as much as they can any way they can to develop status” like Duncan County’s Brett Burns who will say one thing with a smile to pacify face to face then write the opposite instead of being truthful and honest and seeking the truth in the best interests of society as a whole, that is, putting one’s personal interests as a priority, and others like Pawnee County’s Larry Stuart who, when confronted with rather substantial exculpatory hypothesis explaining his claim of a broken arm that is not actually broken: “How does one break a stick in a Corndog without damaging the  corn?”  he privately comments to his associate: “He’s got a point there; we’ve got to figure a way to prove him wrong.” 

[Suggestion:  Get CASA worker Tari Hughes to tamper with the X-rays.]

Worse, when

Mayes County

’s Charles Ramsey is told by the Coroner in chambers: “No one is saying this child did not die from a fall on concrete” all Charles Ramsey can say is “We’ve got to keep the jury from hearing this testimony.”  Conviction at all costs.  No matter that he trashes an innocent life for his own personal victory of winning. 

Another slave laborer for the prison system.  This one for life.

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FIGURE THIS ONE OUT:

Are we allowed access to our Courts?  I expect to get a letter from Judge Lumpkin telling me I have no right to 'interfere' in their judicial process; it is "inappropriate" to write any judge and voice any opinion; their decision is final and in my many years of following court cases I have NEVER seen where any judge has stated, "Oh, I made a mistake.  I should have paid more attention." 

I am somewhat cynical.  I will probably lose my mind before I lose my sense of humour so here goes:  What is the difference between God and an attorney? 

God never pretends to be an attorney      

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

IN THE OKLAHOMA

COURT OF CRIMINAL APPEALS

STATE OF OKLAHOMA

 

John Vernon DuBiel                        ]

          Petitioner, Appellant              ]   Case No.

                                                        ]

                   Vs                                 ]

                                                        ]           PC -2009-769

The State of Oklahoma                   ]                 

          Respondent / Appellee          ]

 

REQUEST FOR RECONSIDERATION/EXPLAINATION

 

Comes now, John E. Schoonover, U.S.N. Ret. As a friend of the court and a friend of John DuBiel; I do, in fact, all of the typing for John DuBiel and all of the filings for him including delivery to the State, Attorney General Drew Edmondson. 

I am very careful what I write and what I type.  I know that one misplaced or misspelled word can cause the meaning of a sentence to be the opposite of its intention.

I know that John DuBiel’s request for PCR was either not read by this court or if it was read, it was totally misunderstood. Which behooves this author how this could be done by five intelligent Judges. 

First, beginning with the second line of the last paragraph in your opinion:

“Petitioner’s second application for post-conviction relief is AFFIRMED.”

Where did you find a “first” one as this is the only application for PCR.

One could not be filed prior to your reversal and rulings in his Appeal of 2001, in which the convictions reversed had been used to enhance the sentence of the single conviction that stood, prior to the Appeal.  It is obvious to me, that the jury was convinced that John had fleeced multitudes and was a habitual criminal and sentenced him accordingly.

There was, during his trial, both misunderstandings and some “ineffectiveness” with counsel, though not substantial, and that is obviously the issue on which this court bases its decision to affirm, but that is not the issue raised in this PCR for which John DuBiel seeks relief.

It appears obvious that John DuBiel did not fail to establish entitlement to relief. This court simply failed to see how he did in fact establish it quite clearly:  Prejudice of the jury in sentencing one they believed to be an habitual criminal with three charges of swindling money from innocent victims repeatedly when in fact “Possession of Forged Evidence of Debt” is just that; “possession” only as no checks were passed nor any attempt to pass any bad checks at any time.  No one lost any money.  This was, in essence, due to whatever reason one wants to credit it, a victimless crime as no one was victimized!  

How can anyone not see that 30 years is anything less than extremely excessive for a single non-violent victimless crime? 

Your second page, lines 7 & 8:  “We FIND Petitioner has not established trial or appellate counsel’s performance was deficient, or that the result of his trial and appeal was not reliable and fair.”

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Again, John DuBiel did not claim that the trial or appellate counsel was deficient; but the sentence imposed was based on three charges AND the result of his 2001 appeal that we all acknowledge was reliable and fair, that is, the reversal of the two convictions that were used to enhance the sentences of all three being unjust, the sentence on the single conviction would have, by law, not been enhanced but at least ten years less that as it remained enhanced by the two other convictions voided by you in his 2001 appeal.

It is quite reasonable to conclude that had there been only one single charge in the genesis the sentence would not have been 30 years on such a non-violent victimless crime. 

That is the only issue and that issue was not considered or ruled on. This observer can not see any way to elucidate this matter any simpler or better way than that.

I also noticed that the State [Attorney General] did not submit any objection to relief prayed being granted. 

Please reconsider your decision to keep this aging docile inmate caged. 

Respectfully submitted,    For John DuBiel, 238816,

                 

                                          John Schoonover U.S.N.Ret.       

                                 RR 1 Box 67 Cleveland Oklahoma 74020

 

Cc: Attorney General, JVD.

 

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