JUDICIAL  Jackasses

DOUBLE JEOPARDY AND THE GREAT PRETENDER

 

 

IN THE SUPREME COURT

OF THE

STATE OF OKLAHOMA

                                                                                           FILED

In Re:  The Matter of                         ]                         16 October 2009

          Elan Lee Schoonover              ]

                                                          ]

An Appeal by the                               ]                  Case No. 107022

          Natural Father                         ]        

          John E. Schoonover                ]                  from Pawnee County

                                                          ]                  Case # JD 2006-34

                   Vs.                                  ]

                                                          ]                           

The State of Oklahoma                     ]

 

 

SUBMISSION OF INQUIRY

 

Comes now the Natural Father of Elan Lee Montgomery Schoonover, and the Appellant in the matter here at bar, appearing herein pro se, and as such invoking his rights, protections, and broad latitudes afforded a pro se petitioner  by Haines v. Kerner, 404 U.S. 519 [1972] and Hall v. Bellman, 935 F.2d 1106 10 Cir. [1991] and under and through authority of Faretta v. California, 422 U. S. 806, and hereby humbly submits this Honourable Court with his inquiry as to a point of fact and law in this matter and requests an opinion, formally or informally for the edification of this Appellant on the following conundrum that in essence is an oxymoron:

 

This Petitioner is satisfied that he saw all the reversible errors and is satisfied that he submitted, not all, sufficient of same including unfounded derogatory remarks by the Prosecutor to support a favourable ruling. 

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This Petitioner is well aware of the case law warning “not raised, waived” and if that is applied here it is this Petitioner’s blind ignorance for not seeing what he did not see and should have, that in retrospect, is obvious.  H. G. Wells War of the Worlds could be a parallel in that the delivery of that radio broadcast wrecked the havoc of panic across the nation because so many paid no attention to the one “Fact” of the broadcast in the simple announcement by the author with the three words that “this is fiction.”  During the two day process of prosecution the prosecutor did just that, prosecuted.  Two days of nothing but attack.  

 

This Petitioner was so focused on the ‘bad’ he did not see the ‘good’ single remark of truth by the Prosecutor that goes so far as to nullify the very genesis of DHS intervention:

 

From the Transcript page 273, lines 23-25, Mr. Stuart states: 

 

“Correct the conditions.  Okay.  Hey, you know, I learned, he fell off and broke his arm.  I won’t put him on the bed any more.” 

 

Except for the word “broke,” that is a correct exculpatory statement of fact in the prosecutor’s own words.  There is no need to mention that I had purchased a new baby bed with rails just for that purpose when I would have to leave him long enough to get his bottle.

 

It is a statement of fact by the Prosecutor that the condition had been corrected before Elan was adjudicated “A Deprived Child.” 

 

It voided the justification of the genesis of DHS intervention.  It is voluntary evidence from Larry Stuart that controverts the accusation. 

 

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Elan’s Natural Father respectfully requests that he be advised, please, formally or informally, factually or hypothetically arguendo, if he is wrong in his rationale of thinking. 

 

 

Respectfully Submitted,

                                                         SIGNED

_________________________________

 

John Schoonover

[ Natural father of his only son Elan Lee Montgomery Schoonover ]

RR 1 Box 67 Cleveland Oklahoma 74020

 

 

I, John Schoonover, attest that an exact copy

    has been hand delivered to the:

 

         Attorney General of Oklahoma

 

                                                      SIGNED

___________________________

 

 

www.justice4families.com

 

 

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I named this page "double jeopardy" because this is presently pending in the Oklahoma Supreme court as of this date, October 19, 2009.  My pleadings are factually uncontested and it is highly unlikely that I will not prevail in this appeal.

There was no controversion by the appellee; the Attorney General of Oklahoma. He was actually given an additional ten days to respond but he chose not do so so. 

However, the District Attorney from Pawnee County Oklahoma, who made the statement of acquisence to Elan rolling off the bed took it upon himself to respond and made it necessary to rebut his response.  Factually, advantageous for me as I do not believe in putting all my eggs in one basket and withheld a point of Prosecutor Misconduct 'just in case' there was a response from our Attorney General.  I am pro-se and was not sure it was not necessary to rebut the improper response so I did anyway just to be sure.

That brings me to the latest filing; hopefully the last, in the Supreme Court, and that I have titled, as from it's appearance, even the Court Clerk thought it was valid and from the Attorney General, I call it,

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

THE GREAT PRETENDER 

 

 

IN THE SUPREME COURT

OF THE

STATE OF OKLAHOMA

 

                                                                                            FILED

In Re:  The Matter of                         ]                         16 October 2009

          Elan Lee Schoonover              ]

                                                          ]

An Appeal by the                               ]                  Case No. 107022

          Natural Father                         ]        

          John E. Schoonover                ]                  from Pawnee County

                                                          ]                  Case # JD 2006-34

                   Vs.                                  ]

                                                          ]                           

The State of Oklahoma                     ]

 

 

FAILURE OF LARRY STUART

TO SUBMIT

ENTRY OF APPEARANCE

 

Comes now the Natural Father of Elan Lee Montgomery Schoonover, and the Appellant in the matter here at bar, appearing herein pro se, and as such invoking his rights, protections, and broad latitudes afforded a pro se petitioner  by Haines v. Kerner, 404 U.S. 519 [1972] and Hall v. Bellman, 935 F.2d 1106 10 Cir. [1991] and under and through authority of Faretta v. California, 422 U. S. 806, and hereby requests, in light of the fact that Larry D. Stuart did not make an ENTRY OF APPEARANCE to act in behalf of the Respondent Drew Edmondson, Attorney General, that Mr. Stuart’s  “Answer Brief” is void and without merit and should be ignored as such and this matter should be decided on the facts presented by this Petitioner as uncontested truth. 

 

 

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Little Elan Schoonover has suffered many accidents while in the custody of DHS.  Most minor, at least one requiring suturing [photographs indicate a second] and one, a potentially lethal head first fall on concrete juxtaposed with a play area in violation of federal safety codes for which DHS failed to seek any medical attention. 

 

The longer this takes the more difficult will be the process of re-establishing the once solid bond of love between a son and his natural father. 

 

 

Respectfully Submitted,

 

                                                        SIGNED

_________________________________

 

John Schoonover

[ Natural father of his only son Elan Lee Montgomery Schoonover ]

RR

1 Box 67

 

Cleveland Oklahoma 74020

 

 

 

I, John Schoonover, attest that an exact copy

    has been hand delivered to the:

 

         Attorney General of

Oklahoma

 

 

 

                                                         SIGNED

___________________________

 

 

 

www.justice4families.com

 

 

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*************************************************************************************** 

 

Here is where the problem now lies for the prosecutor who filed in the criminal case, CF 2006-167: "Willfully and maliciously injuring or using unreasonable force upon one Elan Lee Wheeler, who was 5 months old at the time, by breaking the child's arm...etc."  when he acquiesced to the fact that Elan rolled off the bed.  It has still not yet been decided by the Supreme Court if Elan's arm was actually broken that evening or not.  The X-rays that Larry Stuart hid in his office show that it was not.  That issue is actually moot as for the upcoming trial, scheduled for next week, I was required to file, for pre-trial conference, notice of exculpatory evidence I intend to submit to the jury, and that includes the following:

 

 

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

 

IN THE DISTRICT COURT OF PAWNEE COUNTY

STATE OF OKLAHOMA

                                            FILED

                                                         October 19 2009

                                                                        

State of Oklahoma                                      ]           

                   Plaintiff                                    ]

                                                                   ]   

          Vs.                                                    ]    CF – 2006 - 167

                                                                   ]            

John Edward Schoonover                           ]

                                                                   ]        

                   Defendant                                ]

                                                         

 

EXCULPATORY EXHIBIT LIST

 

Comes now the Defendant John Schoonover, pro-se, [Haynes v. Kerner etc] and submits the attached document filed in the Supreme Court as exculpatory evidence in the instant matter.  Premeditated and without prompting the Prosecutor voluntarily stated on the record that: Elan “fell off [the bed] and broke his arm.” {emphasis added for elucidation}  This is a direct contradiction to the four criminal elements of the instant matter charged and this Defendant intends to enter this exhibit as permitted by Chambers v. Mississippi, 410 U. S. 284 (1973) to controvert all four of those elements of the crime charged. 

 

This Defendant does take exception to the result of the fall and intends to enter into evidence the unaltered six physician signature radiologist report and show his jury the three X-rays of November 15, 2006, from OSU Medical Center that the prosecutor had kept secreted in his office for over 18 months, when the assistant prosecutor surrendered them to Nancy Brook and this Defendant September 10, 2008.

 

Arguendo, even if Elan did “broke his arm,” the unsolicited statement by the Prosecutor is acquiescence that no criminal act was inflicted.

 

Attached are eleven documents as ordered by this Court 10/09/09.  This Defendant also intends to enter into evidence three photos of Elan.

 

Respectfully submitted,

                                                                   John Schoonover

                                                 RR 1 Box 67 Cleveland Oklahoma 74020

 

 

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