IN THE
DISTRICT COURT OF MAYES COUNTY
STATE
OF OKLAHOMA
John Schoonover
and
]
Gilda Marie
Schoonover ]
Petitioners
]
]
]
case # 1999-271
Vs.
]
{case # 2006-5
]
Okla.CCA}
]
State of Oklahoma
]
Respondent
]
MOTION TO EXHUME THE
TRUTH
Comes now, the
Petitioners, Gilda Marie Schoonover and John Schoonover, Pro-Se, and submits the
following as foundation for exhumation of Benjamin Michael
Schoonover/Stanart to expose the truth without question of the
injury or injuries that were used in the court of Judge Dynda Post
to convince an ill-informed jury to convict the Petitioners of a
criminal injury that did not exist either at all or prior to the
death of our deceased child and a criminal act that could not have
existed at any time.
1
“This is a disagreement
of professional opinion, which we are going to have a lot of in
this trial. And his
opinion and the radiologist’s opinion are both opinions, nothing
more.” Judge Dynda
Post, Tr. pg. 967 lines 12-15.
{“Opinions” are not
evidence and opinions, fed the witnesses by George Klatt,
according to Dr. Distefano in limine during the first trial, are
all that supported any
conviction.}
“It looks to me to be about two inches in length…and there
is that crack right there, right there, … and right here and right
here …” Dr Philip
Barton, Tr. pg. 948 lines 1-7.
Mr. Rowan: “I am going to hand you
what has been previously marked as Gilda Schoonover Exhibit Number
1 and ask you to look in the finding area.” Tr. pg. 966 lines
2-4.
Prosecutor Ramsey:
“Judge, may we approach? [Bench conference held]... “This
is apparently a hospital record where a radiologist has apparently
looked at this CAT scan
and determined that she did not see any fracture there. … I am certainly going to
object to him testifying as to what she allegedly found and he
didn’t find.” Tr. pg.
966 lines 5-15.
2
Mr. Rowan:
“Judge, this is impeachment…”
Tr. pg. 966 line 16, Mr.
Rowan was not allowed to finish his sentence as he was interrupted
and overruled by Judge Post.
Mr.
Adams: “on behalf of
Mr. Schoonover I object to him talking about this second fracture. I ask the jury disregard
it. We have been
given no notice of this.
It’s nowhere in the medical records. I can’t find this anywhere
from the previous trial and I don’t know the significance of it
and I object to it.”
Tr. pg. 949 lines 3-8.
{The “significance” is to
enflame the jury with
non-existent
injuries.}
Prosecutor Ramsey:
“Well, Judge, actually my question was directed to the original fracture.” Tr. pg. 949 lines
10-11.
Mr. Adams: “I
just ask the jury to disregard about the second fracture being
found that the medical examiner didn’t find and we were unaware
of.” Tr. pg. 949
lines 12-14.
Judge Dynda Post:
“Overruled.
Mr. Adams, these are fractures of the
same general area.
These are CAT scans.
I presume those were
the ones that were introduced before.” Tr. pg. 949 lines
15-17.
3
{They are not the “ones” introduced
before as there were no
such fractures on the original or the hospital radiologist’s
report or in Dr. Bartons original written hospital
report. I would
submit that it is incompetence for a Judge to “presume”
anything!!}
Mr. Adams: …
“I want to make a record for severance. It became apparent that
this is mutual antagonistic defenses. My client is unable to
receive a fair trial while being tried with the other
defendant.” Tr. pg.
949 lines 22-25.
{Had there been the
proper severance John Schoonover would have been free to testify
for this defendant/petitioner.}
* * *
* * * * * * * * * *
During the beginning of Mr. Rowan’s Closing: “I would love to be up
here and tell you exactly how Benjamin fell. I can’t do that. I know there is furniture
in this house, just like there is in your and my house.” Tr. pg.
1286 lines 2-4, … Mr. Rowan was interrupted.
Prosecutor Ramsey:
“Judge, I’m going to object. May we approach?” Tr. pg.1286 lines
5-6.
[Bench conference held.] Prosecutor Ramsey: “Judge, counsel is about
to make statements that Benjamin may have climbed on furniture and
things of that nature and there is no evidence* to support
any of that in the record and I’m going to object.”
4
Mr. Rowan:
“Judge, it’s a reasonable inference from the
evidence* that this house has furniture, that’s all I am
saying.”
Prosecutor Ramsey:
“That’s not in the testimony.*”
Judge Post:
There is no reasonable inference because there has been no
testimony* about
anything involving that room other than the rock hard floor. The objection is
sustained.”
Mr. Rowan: “I
move for a mistrial, Judge.
Thank you.”
Judge Post:
“Pardon me?”
Mr. Rowan: “I
move for a mistrial again.
Thank you.”
Judge Post:
“Grounds?”
Mr. Rowan:
“Because you are fairly limiting my closing argument and
that is simply - - you know, it’s - -Judge, what I am arguing is a
fair inference from the evidence* in this case and you are
not allowing me to do that so, therefore, you are not giving me a
fair trial. Tr. pgs.
1286, 1287.
5
*Note
the nomenclature:
Mr.
Ramsey uses the word
“evidence,”
Mr. Rowan uses the word
“evidence,”
Then Mr. Ramsey uses the word
“testimony,”
Judge Post uses the word
“testimony.”
Mr. Rowan is correct that there is “evidence,”
as Mr. Ramsey had introduced several
photographs of the Dining room and adjacent
foyer in the original trial. The furniture is
obvious.
It is
reversible error for Mr. Ramsey to have deliberately misstated the
facts concerning this matter. It was also reversible error for
Judge Post to ignore the “evidence” and deny Mr. Rowan the right
to present to the jury his argument how the accident happened that
resulted in the untimely death of our boy.
Charles Ramsey’s argument was that Benjamin could not have
slipped while running
and sustained the injury he received. We all agree that such is
more impossible than possible.
6
Benjamin could NOT have inflicted upon himself this “second
set of {massive} fractures” that are not in the hospital reports
OR, according to Kevin Adams, not even in the Coroner’s report,
that the jury was told about because Judge Post presumed
they existed and allowed Charles Ramsey to use to graphically
demonstrate how “Benjamin’s brains were gushing out the top of his
head” for 45 minutes.
The simple fact is that Benjamin fell backwards, a
rotational fall, from either the chair, piano bench or table, onto
the adjacent concrete floor, at an impact rate of, quoting Dr.
Goldsmith in the Journal of Paediatric Medicine and the California
Oakland Tribune: “A
child falling three feet straight backward onto concrete
can experience force of up to 173 time the acceleration of
gravity.” That
acceleration rate increased significantly with the added height of
either of the three pieces of furniture from which our Benjamin
fell.
There
was no child abuse, there was no murder.
There were not even any “Bruises to the murder victim” as
Judge Post broadcast to the public media prior to the trial.
There was no “Brains ‘bulging,’ ‘squishing’ and ‘gushing’
out the top of his head” as Charles Ramsey three times somberly
pantomimed to the Jury.
There were no
“massive fractures” as Prosecutor Ramsey lamented to the jury …
or, at least not prior to Benjamin’s death in St. Francis Hospital.
7
Our Benjamin’s remains have been perfectly preserved for
almost six years. The
answers to the questions of the “massive fractures” to our
Benjamin’s cranium alleged to the jury are there. They either exist or they
don’t.
Prosecutor Charles Ramsey as well as the late Attorney
General Patrick Crawley advocated to the courts that they exist,
i.e; Benjamin’s “Brains gushing out the top of his head”
and “The toddler’s head was busted open”
Exhumation of Benjamin and examination of his perfectly
preserved cranium will settle the question of whether there was
Judicial and Prosecutor Misconduct of enormous proportion or foul
play in St. Francis Hospital
after Benjamin’s death to produce such fractures as
necessary for Mr. Ramsey to obtain a conviction of our innocent
Gilda Marie Schoonover for an injury she could not have
inflicted as these “massive fractures” are not in the hospital
records or mentioned in the first trial.
The truth is buried on a hill in the Alluwe
Cemetery. As long as it remains
buried Justice for all cannot be served for our little
Benjamin.
The truth will set Gilda Marie Schoonover
free.
Therefore the Defendants pray this Honourable Court to
order the exhumation of Benjamin Michael Stanart/Schoonover to
expose this hidden truth and who its concealment has too long been
protecting from Justice.
8
Respectfully submitted,
Pro-Se, In the
interest of Justice,
(signed) Gilda Marie
Schoonover 404171
Mabel
Basset Correctional Center
29501 Kickapoo
Road
McLoud Oklahoma
74851
(signed)
John
Schoonover, U.S.N. Ret.
RR 1 Box
67 Cleveland Oklahoma
74020
* * * * * * * * * * * * *
I certify that an original and seven exact copies have been
mailed by certified mail to Michael S. Richie, Court Clerk of the
Oklahoma Court of Criminal Appeals by certified mail on or before
April 20, 2006, one copy to Attorney General Drew Edmondson. Published on www at
knightsindirtyarmour.com as MOTION TO
EXHUME.
John
Schoonover
RR
1 Box
67 Cleveland Oklahoma
74020
9
Filed
Tuesday, July 18, 2006
Lori
Parsons, Court Clerk
IN THE
DISTRICT COURT OF MAYES COUNTY
STATE
OF OKLAHOMA
John Schoonover
and
]
Gilda Marie
Schoonover
]
Petitioners
]
]
]
case # 1999-271 B
Vs.
]
{case # 2006-5
]
Okla.CCA}
]
State of Oklahoma
]
Respondent
]
REBUTTAL AND TRAVERSE TO
EXHUME THE TRUTH
1. That this court is
without jurisdiction to hear this Motion. Trial was had and
held hereon and the petitioner Gilda Marie Schoonover was
convicted herein.
Said Conviction was upheld by the Oklahoma Court of
Criminal Appeals.
There are no pending appeals or applications for
Post Conviction Relief.
Therefore this court is without jurisdiction to grant any
relief to the petitioner.
Charles
Ramsey
Traverse:
This Motion was originally filed with the Oklahoma Court of
Criminal appeals who returned it stating this is the jurisdiction
of Mayes County. Copy of OCCA Court Clerk
available on request.
There IS a pending appeal being presented to the Northern
District Federal Court.
10
2. That Benjamin Schoonover died
on or about 29 October 1999. The matter of the
exhumation of the body was never brought before the court prior to
or during the two trials of this matter.
Charles Ramsey
Traverse:
Benjamin died October 31, 1999. Prior to the two trials the
only impact injury to Benjamin was a 44mm hairline occipital
fracture resulting from a fall from furniture onto a concrete
surface. There were
no other multiple fractures for “Benjamin’s brains [to be]
gushing out the top
of his head” (Charles Ramsey).
3. The petitioner has failed to
give notice to the family of the decedent by
law.
Charles Ramsey
Traverse:
Mr. Ramsey is in error when he states the family had not
been notified as the Motion To Exhume The Truth has been on
the WWW months before the reports of the Kelsey Briggs’
exhumation. Ask any Stanart family member if they were
“unaware” of this! In
addition; printed copies had been requested and mailed to the
requesting Stanart family members.
Neither of Benjamin’s biological parents has objected to
the exhumation of Benjamin for the truth. The only reason they would object if is they had something to
hide. The maternal
grandparents might object if there could be existing physical
evidence to support the suppressed New Mexico medical records of
Benjamin’s seizure activity.
4. That the exhumation of the
body in the state of Oklahoma is governed by 63 O.S.
946. This statute
allows for the examination of bodies that have been buried without
the benefit of an autopsy performed by the office of the chief
medical examiner.
The statute makes no provision for the exhumation of a
body upon which an autopsy had been performed. An autopsy was performed
on the body of Ben Schoonover by Dr. Distefano. Dr. Distefino testified at
both trials of the petitioner.
