JUDICIAL  Jackasses

September 14, 2010, John Vernon DuBiel, 238816, had his parole hearing and was granted parole by the Parole Board after serving a decade in the Oklahoma Department of Corrections, to ‘correct’ having in his possession “Forged Instruments Of Debt.”  Blank Checks someone had forged.  No one ever attempted to cash any of them; no one lost any money because of them, this was a “non-violent victimless” crime. 

Such a crime, in any other state, would most likely be a misdemeanor with a fine and perhaps as much as six months in the county jail.  But this is not about exorbitant sentencing in Oklahoma ; it is about parole. 

The local Parole Officer [Ms. Brandi Wyatt] called within a couple of days of Mr. DuBiel’s being granted parole to advise his designated place of residence needed examined to confirm all was appropriately ‘kosher’ and she advised this must be done as expeditiously as possible as she needed to submit her confirmation of same “before Wednesday morning.”  Such was done so the ‘Parole Certificate’ could be on the Governor’s desk for signing on that afternoon.  

We wrote letters to the Governor pleading for his signature as we were ready to begin the process of John’s metamorphosis from a burden of the State as a prisoner in a cage to a useful productive member of society. 

October 25, 2010, we learned the Certificate had yet to be sent to the Governor for signing.  It was pigeon-holed somewhere unknown to us.

We call the Parole Board to learn “It has not been processed yet; call back in three weeks.”  That would be the last week in November. 

Why the delay?  Who in the Parole Department is sitting on Mr. DuBiel’s Certificate for six weeks and why?  What beneficial purpose is being served by keeping this, or any other parolee, in prison?

We look for the September Docket to find the latest Docket is for August. We find the following:

PAROLE DATE: August, 2010, 27 inmates have been granted Parole by the Governor.  However, their HEARIND DATES were as long ago as JUNE, 2009!  From June 22, 2009 to the most recent, June 21, 2010. 

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Something is terribly wrong when the Parole Board will grant a Parole to an inmate on June 21, 2010, and the Governor not grant release until mid August 2010.  Not to mention granting Parole in June 2009 and not being released until August, 2010! 

Further investigation reveals these are no isolated cases.  It is rare that one granted Parole by the Parole Board is finally out on the streets within six months!

Julie DelCour wrote a half-page article in the Sunday, October 24 Tulsa World about Department Of Corrections needing to fix its prison problems. 

Commenting that “Some 700 inmates are serving no-parole sentences at an individual cost of about $20,000 [each] per year.”  This can not be fixed.  That number is growing faster than these inmates are dieing off. 

It could be argued that when inmates such as Jackie Spalding, age 62, [frail now] does not come up for parole until September, 2049, at age 94, that she could be put in a less costly facility that Medicare would supplement, reducing the $20,000 yearly expense of keeping her in a maximum security prison for the next 32 years which is a guaranteed $640,000 PLUS medical expenses that comes with old age.  If she lives that long. 

John Severs, presently age 79, convicted in 1968, sentenced to 99 years.  Parole Hearing Date April [fools day?] 2015.  If he lives that long he will be 84 years old.  He is already confined to a wheel-chair, has diabetes, among other things, so the cost of keeping him is significantly more than $20,000 a year due to his peripheral neuropathy and failing kidneys.  Assuming he lives long enough to have a Parole Hearing he will not be granted Parole unless there is someone on the outside who will provide him with a roof and bed; and he will have to get a job!  And wait six months for the Governor’s signature.  Assuming he lives, it will be at least another $100,000 minimum plus medical expenses.  Prisoners in DOC are not eligible for SS or Medicare. 

Doyle Dobson.  DOC# 114109.  Born October 5, 1930.  Should have been granted Parole in 2005, 2008 . . . actually, not being 85% and credited with good time, he served more than his sentence of 75 years and died in prison.  Beginning mid 2004 Mr. Dobson became helpless and quite senile to the extent of requiring diapers.  Not released but held simply because no one on the outside would ‘take him in.’  $20,000 a year plus medication.  Was it really necessary for DOC to keep him at that price in a medium security?

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Julie DelCour writes, “It took years, for instance, to sell the Legislature on the idea of drug courts and community sentencing.  Those approaches have proved highly effective as alternatives to incarceration for some inmates.”  Who pushed hardest for this idea? 

Don Bruce, the psychologist who founded “The Tree Of Life” programs at the Crabtree facility in Helena, provided data from all over the country, supplied the information and encouragement for John DuBiel, whose prison job was to work for Dr. Bruce,  to write the programs, and Dr. Bruce delivered them to Jari Askins, a Carter County Judge at the time.  Mr. DuBiel wrote them in longhand, as he was not allowed on the prison typewriters.  Yours truly, was, so any typing errors that Ms. Askins did not correct prior to submitting them to the Legislature, are mine.   

Jari Askins succeeded, Duncan County was first to implement it, followed by Marshal County , etc.

These “drug courts” with “community sentencing” have kept hundreds from going to prison at a savings to the State of $20,000+ each per year. 

That helps, but two weeks ago DOC Director Justin Jones has asked his board to request of the lawmakers for about $35 million in supplemental appropriations.  DOC is still in trouble from overcrowding.

The Governor appoints three of the five members of the Parole Board that grants/denies a parole applicant.  The DOC overcrowding is exacerbated by the senseless delay in releasing parolees when the 5-member board grants an inmate their deserved/earned parole.

At an average of $13,000 per inmate, plus medical, this procrastination adds up to $6-8 million per year being wasted by DOC on inmates due to the paroles being ‘held up’ by someone in the Parole Board. $6-8 million extra annually being wasted by this procrastination.  Extra! 

All too often, a parolee ‘falls off the wagon’ while on parole and winds back in prison.  Resulting in a negative reflection on the Parole Board.  Without stating specifics, it brings to mind the way the media reports the crime and making sure the public is told “He was just recently released on parole” . . . etc.  Such obviously has to harden the hearts of both judges and especially the members of the Parole Board who released said inmate.  It is forgotten that the recidivistic inmate earned his parole; there is no magic oracle to enable the Parole Board to forecast the future actions of anyone.   This can lead them to wrong decisions on either side of the equation.   

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For example; I mentioned that I was the typist for Mr. John DuBiel when he wrote the ‘drug court’ programs Jari Askins  submitted to the Legislature.  How many, when reading that, simply assumed I was just another convict in prison and am now just another ex-convict?  I was in fact incarcerated and I did spend most of my time in the Law Library typing.  Among other legal documents I typed many parole letters including my own.  Some were so transparent as to be ludicrous; the Parole Board easily ‘saw through’ them.  Mine was sincere and honest but the Parole Board, for whatever reason, decided I did not deserve Parole.  Of course, no one would tell me that Mayes County Prosecutor Charles Ramsey and Judge Dynda Post sent formal “objection” letters to the Parole Board citing invalid reasons and the Parole Board would not offer me opportunity to controvert the corrupted officials.  Even though I had served more than the sentence imposed due to DOC not granting earned credits for time served.  I received the notice of denial via a phone call to my home from the prison that I had “Legal Mail.”  As the OCCA had overturned my conviction with two phrases in their opinion: “Schoonover has not committed the crime…And could not be charged with it”  I had already been ordered released.  I drove to the prison to receive my notice that the granting of Parole had been denied.” 

To me, that is a good example of our Parole Board favouring the expenses of keeping  your DOC full.  It also does not hurt their pocket books any. 

Mr. John DuBiel ‘celebrated’ his birthday # 64 last Sunday.  He is running out of productive days.  I anticipated his release over two years ago when the Parole Board met with plans to commute his sentence to time served.  A DOC officer at the [Hodgens] facility arrested John with a Class X ‘write-up’ the day of John’s hearing that was later dismissed.  That frivolous ‘write-up’ kept John DuBiel in prison.  Two years @ $20,000+ medication for declining health including hypertension and diabetes because of a frivolous ‘write-up’ that was dismissed because there was no Just Cause for the write-up.  An Officer with a grudge simply wanted to keep John in prison.  She succeeded. 

Ignorance is all too frequently jealous of intelligence and John has a rather high IQ with amazing recall.   He had jobs waiting and available over two years ago and he has jobs waiting and available now. A couple of his earlier job offers have expired.  He was guaranteed a place of residence over two years ago and it is still available and waiting.  Including his own active phone #.  I have two jobs waiting for him.  As a past Service Officer for the Disabled American Veterans I anticipate being of benefit in helping him with his medical needs. 

DOC is asking an additional $9 million to pay non-furloughs for the rest of the year due to overcrowding.  John is just one inmate that has cost DOC to keep over $40,000+ just these past two years over a non-foundation frivolous write-up that was dismissed. 

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We can have the attitude that $40,000 is just a drop in the bucket.  Just .4% of that $9 million if my calculator is right.  Multiply that by the 26 other inmates granted parole times the 6 month average and that ‘drop in the bucket’ is 1.08%.  10¢ annually added to every tax payer in Oklahoma should fund that and with $1. annually [more if SQ 744 passes] we can even finance another prison and, as we already pride ourselves as having the largest female prison in the world; we can add to that pride in elevating ourselves from having the 4^th largest male prison system the largest male prison system in the world and by its inexcusable exorbitant procrastination in getting Parole Certificates to the Governor’s desk, the Parole Board is helping us in that direction.

Julie DelCour concluded her article with the question, “Coming up: How we can dig ourselves out of the hole?”  Verbatim.  This writer would suspect that as that is a statement with a question mark, either she has the answer and it is not a question, or it was meant to be printed, “How can we dig ourselves out of this hole?”  I look forward to her article.  I would suspect she will suggest a meticulous house-cleaning that looks at every superfluous ‘drop in the bucket’ including those written above.

John Schoonover

A 73 year old Service Connected Disabled American Veteran

Residing at

RR 1 Box 67, Cleveland Oklahoma, 74020

“Power corrupts and absolute power corrupts absolutely” and this writer has no axe to grind with the Parole Board though he has been victimized severely by those in power who are corrupt.

Copies to:

Julie DelCour, julie.delcour@tulsaworld.com / DOC Director Justin Jones, Fax: [405] 425-2578 / Records Officer - Rita Johnson, Lawton Community Correctional Center, Fax [580] 355-1081 / Brian Thornburgh, LCCC District Supervisor, Fax: [580] 355-1081 / Terry Jenks, Director, Oklahoma Pardon & Parole, Fax [405] 602-6437 and Brad Henry, Governor of Oklahoma, State Capital Building room 212 Oklahoma City, Oklahoma, 73105 FYI only.

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Note: The reason a copy is being mailed to Governor Brad Henry is because most inmates granted parole are under the impression that their parole certificate sits on his desk for months gathering cobwebs before he 'gets around' to signing them and this is not the case.  I have found that he usually signs the certificates the afternoon of the first wednesday after he receives them.  He is erroneously blamed for the unwarranted procrastination exacerbating the superflous expense to the tax-payor of unnecessarily keeping parolees caged.

JUDICIAL JACKASSES

11 / 6 / 2010

Two days after posting the preceding, John DuBiel was given notice that he was going to get a “Class X Write-up.”  But no details.  Another couple of days passed and he was given formal notice that it was “Disrespect To Staff” again, no details.  November 1 John was given a written copy of the details but has been unable to transmit copies to anyone but his Oklahoma City Attorney.  The Tribunal is scheduled for Wednesday, November 10, 2010.

I have volunteered as an “Expert Witness” for Mr. DuBiel.  Common in court proceedings both Civil and Criminal.  Usually presented by the Prosecution; especially when there are no credible ‘eye’ witnesses. 

In this case there are no credible ‘eye’ witnesses for the Prosecution; it is like a conflict between the North [Bluecoats] charging the South [Gray coat rebels] with an impropriety and the Judge, Prosecutor, only witnesses allowed AND the Jury are all Bluecoats. 

That sounds fair.  Especially to the Bluecoats holding the trial. 

One other little tidbit that needs little explanation for anyone who has ever seen the Jim Henson movie Labyrinth.    There is a scene in which the seeker comes upon a choice of one of two doors in which to enter.  There are two ‘attendants’ at the doors; one of whom always tells the truth, the other always lies.  In the real world, the Prosecutor and Judge are the only two in the courtroom who are not sworn to tell the truth.  Lying is permitted and the dishonest Prosecutors are certainly talented at that!  There is no penalty for lying and they always have the last word. 

The witnesses, especially me, and Mr. DuBiel are sworn to tell the truth and only the truth or face the consequences of a perjury charge. 

The Bluecoats are all Honourable; must be, they won the war.  It is also common knowledge that the Graycoats were nothing but a bunch of rabble-rousing rebels. 

To date this writer and friend of Mr. DuBiel has been unable to get the details of the charge against him.  Only that he is alleged to have uttered a vulgar word of profanity used all too often in movies to get an “R” rating, three times in one short sentence. 

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A word Richard Nixon used frequently; one time that comes to mind is on the White House Tapes when he refers to nuking a certain copulating country.  Three times.  Lyndon Johnson used it.  George C. Scott used it when played Patton . . . but I don’t believe Patton ever used it as it was not in vogue that long ago. 

Profanity, especially to such extreme, is a prime example of ignorance when appropriate words can not be found to accurately express an emotion. 

I have heard Bluecoats use the word all too frequently when referring to and conversing orders to inmates.  That is not the majority rule, however, only among the lower intellectual few, of which are frequently recycled inmates.  It is not common knowledge that upon discharge of a sentence an Ex-Con can get a job as a Bluecoat! 

Right or wrong; Officers in the Military get respect from the Enlisted.  Deserved or not.  Officers in DOC demand respect from the inmates.  No always necessarily deserved respect as there are rotten apples in every barrel.  Our past Governor David Hall is an example.  But his shortcoming was not exhibited with an ignorant vocabulary.  

Nor any suppressed jealousy trait that seeks vengeance without cause simply because he has the power to throw a monkey wrench into a parole in process.  Such happens.  Even to the extent of a ‘reward’ to an inmate witness who testifies to what is wanted in the testimony, true or not.

Such does happen.  Without the deceitful elements, Disney’s Prince of Persia could not have been created.  That is fiction; this is about reality.

John DuBiel is highly intelligent.  He is articulate and has always been disgusted at the extremely low level of vocabulary used by most inmates.  Frequently I have heard his reproach an inmate with words to the effect “If you can’t get your mind out of your crotch and quit copulating with every sentence I don’t want to talk to you.”  And, more than once, I have heard the response,  “What does ‘copulating’ mean?”

The word John ALLEGEDLY used was not even in the Colliers three-volume dictionary I grew up with.  It is, however, in my most recent Oxford American Dictionary as a vulgar [meaning common; i.e.; Syringia Vulgaris: Common Lilac] slang to “have intercourse with (someone).”

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Following that first definition are sixteen variants including the one John ALLEGEDLY used that means “A vulgar (common) slang used for emphasis to express anger, annoyance, or surprise.” 

I had never looked for this word in my dictionary before today.  At age 73, I had retained only knowledge of the fact that it did not exist in my three-volume Colliers!

Still, knowing John, I do not believe he used the vulgar [common] slang.

ASSUMING, however, and a break-down of that word  is making an ASS [our of] U [and] ME, so I don’t like to assume anything, but assuming if he did,  expressing a surprise is definitely not in any way, shape, or manner, disrespectful! 

I used the word summer, 2009, when Nancy asked me what I was doing to my flowers:  “I’m f…ing my Amaryllis.”  

                                                     “WHAT?!!”

                                                                              “I’m cross-breeding a male South African Hadeco Benfica with a female Netherlands Madonna.” 

I thought it funny. Crossbreeding Amaryllis is a hobby of mine.   I am the proud ‘papa’ of a couple dozen Nerene sized babies from that episode. 

To reiterate, ASSUMING, and a break-down of the word assume is making an ASS [our of] U [and] ME, so I don’t like to assume anything, but assuming even if he did use the word,  expressing a surprise is definitely not in any way, shape, or manner, disrespectful! 

The more probable cause of action in this matter was precipitated by one who is either jealous that Mr. DuBiel was granted parole and wishes to usurp his status or one who’s nature is simply to cause trouble so he can sit back and laugh at another’s artificially and maliciously  created misfortune. 

John Schoonover,

Posted on judicialjackasses.com November 7, 2010

under the protection of our First Amendment.

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