Court
was held today, Elan, for the purpose of declaring you a deprived
child. Your mother,
Pamela Brook, was not present. Because she was not
present a ‘default’ entry was made that you are factually deprived
so far as she is concerned. This is the first step DHS
needs to take total control of you and “sell you to the highest
bidder.” I do not
know who Mikah McCray could have in mind for this.
I
was asked to stipulate to certain things for which, if I did, the
felony charge against me would be dismissed. Namely, the
content of the document filed November 21, 2006 which follows as
modified in red by the District Attorney:
48
Filed November 21,
2006(changed to
January 30 2007)
IN THE
DISTRICT COURT OF PAWNEE
COUNTY, OKLAHOMA
IN THE
MATTER OF
]
ELAN LEE
MONTGOMERY WHEELER
]
DOB:
06/02/06
]
]
Case No. JD-06-34
AN
ALLEGED DEPRIVED CHILD
]
PETITION
Comes now, Larry D. Stuart, District Attorney for Pawnee
County, State of Oklahoma, and states to the Court that the
above-named child is presently within, or resides in, the county
of Pawnee, State of Oklahoma, and is within the purview of the
Oklahoma Children’s Code, designated as Title 10, Oklahoma
Statutes, Section 7001-1.1, et seq., because of the following
facts, to-wit:
That on November 11, 2006, the
minor child suffered a radial (changed to
spiral) fracture to his right
arm while in the care and custody of the natural father, John
Schoonover. The
natural father caused the injury to the minor child either
intentionally, through improper
handling of carrying said child, or by failure to place said child
in a safe place when he left the child unattended which allowed
the child to fall and receive the injuries.
The natural father, after
knowing that said child received said injuries failed to obtain
medical attention for said child until a day later creating a
danger that the child could cause additional injury and causing
the child to suffer unnecessary pain and emotional
suffering.
That the parents of the
above-named child have and adequate means of support and in the
event the Court should remove said child from the custody of said
parents; the Court should, by proper order entered herein,
require, direct and order the parents to pay support money for the
care and maintenance of said child in a reasonable
manner.
The State of Oklahoma
prays that the Court grant and award reasonable support money for
the care and maintenance of the minor child in the event of
adjudication.
The
parent (s) are notified of various rights per Notice and
Explanation of Judicial Process attached hereto.
49
[signed three times by
Larry D. Stuart, District Attorney]
WITNESSES
Michah McCray, Pawnee Do.
DHS
Dr.
Ward
Dr.
Nebergall
Jeffery Smith,
D.O.
Dr. Lowen, Justice
Center
{End of
document}
This,
my son, was not acceptable.
Doing so
would guarantee that I would lose you
forever.
That
portion in green must also be deleted for me to agree to any
stipulation to the above document.
Our
attorney put it to me that it would be difficult for me to prove,
if I knew you had been “injured,” that I was reasonable in
not taking you immediately to the hospital the evening of the
injury.
I slammed
the back of my hand on the arm of the chair and said, “Ouch, That
hurts!” I then
carefully looked at my hand and said, “If it isn’t ok by morning I
had better go see a doctor.”
That got
the message across.
Jon went back into the courtroom and did the same thing…to
his hand…but I think he did it a bit hard and really did hurt his
hand, and it got the message to the Judge: There is no way I could
have known you required medical attention that evening. The crucial portion now
reads:
“That on November 11, 2006, the
minor child suffered a spiral fracture to his right
arm while in the care and custody of the natural father, John
Schoonover. The
natural father caused the injury to the minor child through
improper handling of carrying said child, or by failure to place
said child in a safe place when he left the child unattended which
allowed the child to fall and receive the
injury.”
50
This is
what I stipulated to as it is the truth. I will not stipulate to
something that is not the truth. It was not “improper
handling of carrying” because I was not carrying you. But the word “or” which is
an alternative, “failure to place said child in a safe place …”
etc. is, because you did factually roll off the bed, it proved to
be an unsafe place to leave you ‘unattended’ for even twenty
seconds.
So I still
face the felony charge under the statute as defined under the word
“neglect.”
It was a
“safe place” for the first four months of your life. Why? Because for the first four
months of your life that I placed you there in that same place to
change your diaper you did not once roll over and off the
bed. I had no clue
that you were developing mobility so rapidly. I do
now.
Mikah
McCray asked about your mother as she could not contact her to
advise your mother of the visiting dates. I was told your mother has
an equal right to visit you.
It was also, ‘suggested,’ to lessen the ‘hardship’ on your
foster parents and DHS that rather than two separate visits one
would be better for all concerned.
At our last
visit together I took photographs of you pulling yourself up by
grabbing a chair leg…With your right hand! Your arm is
completely healed.
Well, it certainly should be as it had been almost two
weeks since Mikah McCray took you from me.
I again
asked Mikah McCray how long it was going to take before I
got you back where you belonged. I was again given the
standard rubber stamp response: “We always try to get our children
back with their parents as quickly as we can.” This time she used the
word “parents” instead of “families.”
Although
your natural mother and I can never live together this did seem
reasonable. So when
Mikah McCray called me and
told me to advise your mother that the weakly visiting hour
had been changed it seemed acceptable to, when your mother
requested, as she is without a vehicle, to take her with me to
visit you.
51
I would be
a cruel son-of-a-bitch to arbitrarily deny your mother a
sanctioned visit by Mikah McCray. So I followed Mikah
McCray’s implication that it was better for all concerned and
easier on you. I
really don’t care about your paid foster parents…it is obvious at
the visits you cry a lot.
Something you very rarely did with me. You never had tattletale
“red-eye” with me. It
is obvious by your actions that you are left alone a lot. You are very quiet as no
one talks to you. You
are being mentally abused and I am helpless to do anything about
it but fight DHS in court with all that I have. That “fight” was almost
lost last week because the visit with your mother was NOT
sanctioned by DHS and it was made an issue by the District
Attorney to show that I would allow you to be exposed to convicted
felons! I was
literally “tricked” by Mikah McCray into taking your mother to see
you for the one hour weakly visit. That fact was exposed in
court today.
I have
hired an extremely good and caring attorney to battle for me to
get you back where you belong. He is a rare breed.
Mikah
McCray was not happy, by the way, of being exposed as a scheming
manipulator for leading me to believe it would be acceptable for
me to bring your mother to visit you. I was told to “divorce”
myself from your mother or I would not stand a chance to get you
back. Your mother is
not allowed to be in my home. She has pled guilty to a
felony and received a four year deferred sentence. If she completes her four
years probation the felony will be dismissed. As you will be able to
comprehend the law by the time you are capable of reading this you
will know that one with a felony conviction cannot be around
firearms, and I own firearms. Simple as that! If I allow her around
firearms, with the knowledge she is a convicted felon, I am
breaking the law.
This would guarantee DHS’ success at keeping you and
“putting you up for sale” to the highest bidder.
I have not
been notified by DHS of any future visits. It is safe to conclude
that I am still being punished for transporting your birth mother
to visit you. She is
the one that showed me the second ringworm on your leg that I
photographed. I may
never have noticed it.
At home I would have as I strip you for your baths. But I am not in the habit
of removing your clothes in public to examine your body like
Pamela did.
52
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