In Memory Of:

Benjamin M. Schoonover

 

 

E X T O R T I O N

                             

MAY 12, 2007

 

 

“Extort” “Extortion” ad defined by Black’s Law Dictionary, Eighth edition, copyright 2005, Thomson/West:

 

vb.  To compel or coerce by means that overcome one’s power to resist.  To gain by wrongful methods; to obtain in an unlawful manner; to exact wrongfully by threat or intimidation.

 

n. The offense committed by a public official who illegally obtains property under the color of office.  The act or practice of obtaining something or compelling some action by illegal means, as by force or “Coercion”  n. Compulsion by physical force or threat of physical force.  Conduct that constitutes the improper use of economic power to compel another to submit to the wishes of one who wields it. – Also termed economic coercion.  “Coerce” vb. To compel by force or threat. “Blackmail” n. A threatening demand made without justification; EXTORTION. 

 

 

The above definition is applicable to the “INDIVIDUALIZED SERVICE PLAN” [ISP] drawn up by DHS for the family name of BROOK listing the child as ELAN L. WHEELER age 10 months, Permanency plan “Return to Own Home” Concurrent plan “Adoption.” 

 

“Condition(s) which need to be corrected:

John Schoonover needs to learn how to appropriately handle and care for his child so further injury will not occur.”

 

The fact that Elan was purloined five months ago and has grown five month he is now capable of climbing on and off my bed and would not fall even if left unattended!  Not that I would leave him unattended on my bed after what happened to cause the minor injury Mikah McCray used to take him from me.  That lesson was learned immediately last November!

 

 

 

 

1

 

“Desired Result(s):

John Schoonover will fix the conditions which lead to Elan Schoonover being placed in the Department of Human Services Custody.*  John Schoonover will do this by providing a safe home life and by providing adequate supervision for his child.  John Schoonover will learn and demonstrate appropriate parenting skills and will attended {sic} anger management classes.  John Schoonover will complete a forensic psychological evaluation and follow any and all recommendations made by service providers.”

 

There are eighteen “To Do:” conditions I must complete before DHS considers returning Elan to his father. 

 

The “Desired Result(s)” on face value requires taking classes that truly insult this one’s intelligence and I agreed to this. 

 

For the basic, as underlined, That “condition” was fixed as soon as Elan rolled off the bed.  Never again would I leave him even for 20 seconds unattended on my bed.…period.  It is now moot as Elan has grown to such size as to be able to climb on and off my bed on his own without accidentally rolling off! 

 

Time has solved the only problem that existed before DHS intervention.

 

Of course, one of the “conditions” involves standard housing requirements making one’s home quasi ‘child proof’ which simply amounts to common sense precautions.  Medicines, chemicals, etc out of reach; steak knives, forks, other things.

 

I have no problem with any of their requirements…except where “extortion” and “coercion” enter the picture:

 

How much “kickback” does DHS receive from the exorbitant fees not mentioned in their document?  $1,600 up front for their psychological evaluation with Dr. Curtis Grundy, Phone: 918-629-8644. 

 

 

 

 

2

I have scheduled the same evaluation with The Department of Veterans Affairs psychologists and have a clean bill of health.  DHS would get no “kickback” if DHS would allow the examination under Federal Jurisdiction.  DHS does not accept the ‘non-private’ federally funded assessment. 

 

“Risk Factor: Abuse – Physical, To do:

John Schoonover will complete an anger management assessment and attend anger management classes through Human Skills and Resourses.  Phone Number : (918) 224-0225 (Sapulpa) or (918) 747-6377 (Tulsa.)

 

I have no problem with this though there was never any “Abuse” nor has there been any indication of such class being necessary as I taught the class at James Crabtree Correctional Facility in Helena Oklahoma and was determined unnecessary at Dick Conners Correctional Facility in Hominy Oklahoma before the Oklahoma Court of Criminal Appeals ordered me released by their ruling that “Schoonover has not committed the crime…and could not be charged with it.”  I have no problem, except where it, like their private psychologist hits my already depleted pocket book. 

 

I did not get paid for teaching the course in prison but now I must pay DHS’ private schools to take the course I taught to convicts with serious genuine anger problems in the worst of conditions.  More 'kickback' potential?  DHS will not accept me taking the evaluation at the Veteran's facilities where it is free. 

 

I got paid to take child parenting classes at Idaho State University during my 10 years as a foster parent.  My most taxing child was Rockland Barney, a two-year old mute quadriplegic.  I had to take a few “special” classes just for him.  Assuming he is still alive he would be about 27 years old now.  I took the “special” crash course classes for him while he was in PICU at St. Anthony Hospital before I could bring him to my home.  The worse case of child beating I have ever seen.  Perhaps if he reads this he will contact me.

 

Nonetheless I would still happily take their “parenting classes” if I had the money. 

 

DHS can find no legal remedy to justify their taking my son from me for a one time minor accident after five months of excellent care.

 

 

3

I have had to cash in life insurance policies and take a lien on my 12 year old truck to finance all the monetary burdens DHS has inflicted upon me in their quest to keep my son from his loving father.   I have had to liquidate assets that would have otherwise have gone to Elan in his later years.  I have literally been bankrupt by DHS and they can dance all around the definitions of Extortion and Coercion but they still fit like a glove. 

 

“To compel or coerce by means that overcome one’s power to resist.” 

 

“Conduct that constitutes the improper use of economic power to compel another to submit to the wishes of one {Mikah McCray} who wields it.”

 

“Reason(s) for Oklahoma Department of Human Services (OKDHS) involvement:

 

{Concisely}    “Dr Ward had just seen the child and explained that Elan had a spiral fracture of the right humorous.  Dr. Ward told DHS that this type of injury is a red flag for child abuse.” 

 

My grand niece had a similar spiral fracture …plus a complete perpendicular break…from a similar incident but she was old enough to tell in her own words how her accident happened.  Red Flag?  Yes, which is why she was interrogated.  Could Elan talk there would be no “red flag.”

 

Mikah McCray gets things a bit out of chronological order:

 

 “Mr. Schoonover left the room to get a bottle and when he returned, he found Elan on his back on the floor.  Mr. Schoonover stated that Elan cried when he tried to lift the arm, but did not take him to the hospital until the next day.”

 

Elan stopped crying when I picked him up.  I laid Elan down and he took most of his bottle before he went to sleep.  Elan slept through the night rolling over twice on his own.  When I picked him up after he woke he cried when I checked his arm.  It is a perversion of the truth for Mikah McCray to indicate he cried when I picked him up the evening he rolled off the bed; that is when he stopped crying. 

 

4

THREE physicians examined Elan the 15^th.  When I asked Mikah McCray on the stand if there was a single physician that would state the injury was inflicted Mikah McCray testified under oath that neither of the three would state to her that Elan’s injury was inflicted.  Those physicians are Dr. Ward Md. Dr. Nebergall Md. Dr. Stanley Handel Md. and/or Dr. Hooby Yoon DO.

     

 I also asked Mikah McCray, “Could any of these three physicians state 

that his injury was not the result of an accident?”  To which she replied,

 “No.”

 

The “November” photograph on page 77 was taken the day before the accident.  Elan maintained this smile until Dr. Ward lifted Elan’s arm and took him to x-ray.

 

Even Dr. Lowen of the “Justice Center” does not state it was inflicted but without any explanation, “this type of injury would be consistent with child abuse.”   Duh…

 

The facial bruises on Elan that I photographed in the jail-cell setting at DHS in Pawnee April 4^th and 18^th are equally if not more so the type of injury consistent with child abuse.  Definitely consistent with some impatient bastard with a temper slapping him on the side of his head above his eyes. 

 

Perhaps these multiple bruises while in DHS custody are the reason my son has been moved from foster home to foster home and Mikah McCray transferred to another case? 

 

I can think of no other case in Oklahoma or in the country of a minor accidental injury to a child being justification for a non prejudiced judge to rule a man’s son as a “Deprived Child” and place him in an unstable foster home. 

 

That is what has happened here.

 

There will be a “Permanency hearing” 06/15/2007.  It will be a closed hearing, but not at my request.  I think ALL such hearings should be open to the public …but then I have nothing to hide or be ashamed of. 

 

 

 

 

 

 

 

5

Elan will not be kept from me because of the single isolated minor accident.  He will be kept from me because I have been bankrupted by DHS and can not financially obtain their required schooling from their ‘teachers’ that I have graduated many times over in the past from far more qualified teachers and physicians without bias of influence by DHS.

 

I receive a permanent compensation from the Department of Veteran’s Affairs for a service connected disability.  The claim was filed for me by the DAV.  When this was established I had to undergo medical examinations…a lot of them…that were paid for by the DVA.   Had the VA required me to pay for the examinations I could not have done so…and thus been denied the compensation warranted. 

 

The same principle applies here.  I am required a regimen of examinations & schooling…but bankrupted by the entity making the requirements with the threat that if I don’t pay…I lose my son.  To quote a recent e-mail, "It looks to me like the system is trying to force failure," Stephenson said. "If you push a person beyond what financial capabilities they have, that sets them up to fail."

 

I have the Oklahoma Statutes in front of me, Title 10, Chapter 70, Article 6 and Section 7006-1.1 and the phrase “deprived child” is not included under a “one time minor accident.”

 

I have some fifty Oklahoma Supreme Court cases at my finger tips concerning the abduction of children by DHS and not a single child is kept from their parent because of a “one time minor accident.” 

 

But who can afford to take their case to the Supreme Court for a just cause? 

 

Every decision that the Supreme Court upheld involved true neglect, beatings, drug use.  Not one was upheld because the parent was poor or even living in ‘sub-standard’ living conditions. 

 

 

 

 

 

 

6

Some decisions had been upheld because the parent refused to cooperate and take necessary steps to correct a genuine problem…drugs, usually,  but not one because the parent could not afford the funds to dole out to the benefit of DHS.  Not one was upheld because a parent could not pay the ransom / extortion / coercion dictated by DHS.

 

And in Pawnee County all it takes is one prejudice Judge to make the God ruling of “Deprived Child” to a child who had been given excellent loving care from his septuagenarian father from birth up to a single minor accident that would never happen again.  A  judge prejudice by deliberate misinformation from DHS that has not been able to see the facts as they are and tell Mikah McCray that she made a mistake and correct her error and make the moral judgment to reunite Elan Schoonover with his natural father where he belongs.   

 

 

 

 

 

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