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.
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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. Charles
Ramsey
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Traverse:
Attached as exhibits are two articles from NewsOK.com on
the WWW concerning the exhumation of Kelsey Briggs, who also had
an autopsy. Kelsey
Briggs was similar in age to our Benjamin. There the comparisons end
as Kelsey Briggs was beat all to Hell, expired with multiple
bruises, fractures and visceral injuries; our Benjamin had none of
these.
Further, it is clear from District Attorney Richard
Smothermon’s statement that Kelsey Briggs could be
exhumed “without his blessing,” referring to Lance Briggs,
Kelsey’s father.
Oklahoma Statutes do NOT prevent exhumation of an autopsied
cadaver where there is suspected foul play. The legal exhumation of
Kelsey Briggs moots Charles Ramsey’s claim of no provisional
Statutes.
5. The petitioner has failed
to advise the court of any benefit to be gained by the
exhumation of the decedent.
The homicide occurred in the year of 1999, that being
almost 7 years ago. The condition of the body would prohibit any
analysis which would be more beneficial than that examination
conducted by the medical examiner.
Charles
Ramsey
Traverse:
Mr. Ramsey is in error that 7 years would deteriorate
Benjamin’s cadaver beyond any beneficial purpose. Even if the vault leaked
and the Stainless Steel casket deteriorated and the formaldehydes
failed to perform their intended purpose, 7,000 year old cadavers
are discovered with their skeletal components in tact. Benjamin’s skull has not
deteriorated unless George Klatt threw in a bag of lime! That is unlikely in this case. The Truth is still
there. Only the
guilty have any fear of it.
A second autopsy would confirm that there is only
one hairline 44mm fracture, of the occipital, and no
others, confirming the specific Prosecutor Misconduct by Charles
Ramsey when he lamented with pantomime in his closing argument
that was objected to but over ruled by Judge Post, three times, of
“Benjamin’s brains bulging, squishing, gushing, out the top of his head!”
“for 45 minutes.”
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6. Further, the court and
the parties have had the benefit of the testimony of Dr.
Barton, the treating physician of the decedent. He was able to provide
testimony concerning the injuries that Benjamin received
and the manner in which these injuries affected Benjamin
Schoonover and eventually caused the death of Benjamin
Schoonover. Charles
Ramsey
Traverse:
The only party that had any benefit from the testimony of
Dr. Barton was Charles Ramsey when he had Dr. Barton illustrate
and point out several multiple fractures on an MRI that Charles
Ramsey provided, that Judge Post “presumed” was the same one at
the original trial and disallowed defendant’s exhibit of the
original MRI and radiologist report that Charles Ramsey
admitted [out of hearing of the jury]: “Shows no fractures”
visible to the keen eye of an experienced radiologist. Dr. Barton is not a
qualified radiologist.
7. Further, the petitioner had
the benefit of all medical records of Benjamin Schoonover
concerning the injuries received
and the cause of death.
In addition to having the medical records they took said
records to their medical expert for his examination and had the
benefit of his testimony during the trial of this
matter.
Charles
Ramsey
Traverse:
The records show, and it is specific in the testimony of
Dr. Krouse, that there was but one single injury and not
the multiple injuries Mr. Ramsey repeatedly tells the jury. He is also partly correct:
There are the records; though not available to
either petitioner as both petitioners were in separate prisons
disallowed to communicate with each other or with each other’s
appellate attorneys.
Only Defendant John Schoonover had a copy of the
transcripts that clearly show that Dr. Barton originally
reported NO fracture in his records when commenting on the
original MRI that Charles Ramsey said, outside of the
hearing of the jury, that this is a radiologist’s report that
shows NO fracture.
That Dr. Distefano testified that there was a single
12mm hairline occipital only fracture that played no part
in the death as did Dr. Krowse testify. Both physicians testified
that “brain swelling” caused the death of our boy.
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Not any series of
“inflicted injuries” created by Charles Ramsey for the ears of the
jury and as Judge Post created for the media [“bruises on the
murder victim”] Contradicting truth in the trial
transcripts unknown to the jury. A further truth is that Dr.
Distefano did testify, again outside of the hearing of the
jury, that “No one is saying that a child cannot fall from
a chair onto a hard surface and receive a fatal injury.” Charles Ramsey
retarded that observation from the jury.
Dr. Distefano also
testified, out of hearing of the jury, that he had based
his “opinion” of homicide on the reports his investigator obtained
from Charles Ramsey’s
investigator; the same George Klatt that perjured the
Probable Cause Affidavit. The same George Klatt that
advised Dr. Distefano that the defendants “refused to talk” so he
did not ask to interview them. The same George Klatt, The
State’s Chief Investigator, that Neither defendant was allowed to
put on the stand at any time and cross examine under oath. Judge Post stated that
“Opinions are not evidence” but Judge Post allowed only the opinions of the State
in the closing arguments.
That bias is why a miss-trial was asked for by defense
attorney James Rowan as this bias by Judge Post made it clear to
Mr. Rowan, as he stated: It was not a fair
trial!
Exhumation will confirm
whether or not Prosecutor Charles Ramsey was telling the truth or
a deliberate and malicious liar as he pantomimed the “Brains
gushing out the top of his head.” This is a truth that
should not be kept buried.
Finally:
A formal complaint has been filed, by one of the two
Petitioners, with the Oklahoma Council on Judicial Complaints
concerning this matter and that having been advised it would be
appropriate that Judge Post recuse.
Any opinion Judge Post
would render in this matter would most surely be ‘self serving’
for survival of her miss-placed integrity and abuse of power. This petitioner feels that
as the response to the Motion is made by the two key elements in
the unlawful conviction of this Petitioner that requesting such
justice is little different than asking a rabid dog to accept
responsibility and punish itself for its wrong doing.
14
Nothing this Petitioner has written has ever been
controverted.
Severance was never allowed. The two Defendants, John
Schoonover and Marie Schoonover, have always been “In the same
boat” sticking together.
Defendant John Schoonover only, submits the
following:
If Judge Dynda Parks Post and the State of Oklahoma is so
sure that Gilda Marie Schoonover is guilty as charged; may I ask
that they stand by my side as I sue the State and Mayes County for
$4 million for the four years of illegal confinement they
illegally inflicted upon this innocent victim of theirs for the
same charge? I need the money to continue my pursuit of Justice
for My Innocent Marie.
However: There are a few in number that blindly believe in
the system and remain convinced that I am guilty of murder or that
Marie is guilty of murder or that we are both guilty of
murder. “Doubting
Thomas’, if you will.”
His Gospel should have been included in the Holy
Bible.
Therefore: If Benjamin’s head was in fact “Busted Open” as
the late Assistant Attorney General Patrick Crawley stated, with
multiple fracture in the top of his head that could not be
accidental as Charles Ramsey told the jury, for Benjamin’s Brains
to actually “squish and gush out the top of his head,” and it
could be shown that George Klatt did not commit this act, then
Charles Ramsey would not be guilty of Prosecutor Misconduct and
Judge Post’s indiscretion with the news media would be moot. Exhumation with the above
findings is the only avenue that can convince This Defendant that
I am not fighting a Just battle; that I should, and would, remove
my website and books, Knights in Dirty Armour I
& II, and judicialjackasses.com from world wide
distribution. I would
consider my four years of illegal confinement an “honest mistake”
and not seek compensation for that illegal and cruel confinement.
Nothing this Petitioner has written has ever been
controverted.
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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
Published on WWW at
http://knightsindirtyarmour.com
Titled
Rebuttal/Traverse
* * *
* * * * * * * * * *
There is
only one reason anyone would want to hide
The Truth.
* * *
* * * * * * * * * *
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Almost everyone has a
price. The morning of
July 21, 2006, I received a call from an attorney in Tulsa. $50,000. Up front. If Marie and I had not
lost our $175,000 home and virtually all personal assets due to
George Klatt and his Perjured Probable Cause then I could and
would mortgage our $175,000 home. But it sold at auction for
$118,000. Thank you,
Mayes County. Thank you, Judge
Post. Thank you,
Charles Ramsey. For
breaking us and taking my innocent wife and torturing her to the
end of her life.
It would take me ten
years to pay $50,000. I could do it, but only if
I lived that long, which is doubtful. But the attorney, who is
so sorry he can’t help, without the $50,000, wished me “good luck”
with my Pro-se battle.
He called it a “knife fight” with Judge Dynda Post. “She is a powerful wicked
witch.” But she is
also a Humpty Dumpty.
Just as was Adolph, and Saddam. Only on a much smaller
scale. This is not
intended to be an insult to the late dictators; they were not
Wolves in Sheep’s Clothing.
Humpty Dumpty was also not a rotten egg. Had he been, he would not
be remembered for so long but would have long ago faded into
obscurity.
July 18, 2006 I received
acknowledgment from the “Council on Judicial Complaints”, 1901
North Lincoln Blvd, Oklahoma City, Oklahoma 73105 [phone
405-522-4900]. A
simple and short letter: “Dear Mr.
Schoonover: Your
complaint against Judge Dynda Post has been received. It has been forwarded to
the members of the Council on Judicial Complaints. You will be advised when
proceedings on your complaint are completed. Sincerely, [signed] Eric
Mitts, Director.” {see
S.Ct: In re Murchison 349 U.S. 133 [1955] that a Judge posses neither actual
or apparent bias}
We will see how far Ms.
Humpty Dumpty falls into the frying pan. Will she simply get a
private ‘slap on the wrist’ for breaking so many laws of our State
and country’s Constitution to cage in prison two innocent people
for so many years? We
will see how the wheels of Oklahoma Justice turn.
John
Schoonover
knightsindirtyarmour@yahoo.com
freemymarie@netzero.net
RR
1 Box
67 Cleveland Oklahoma
74020
17
