Chapter
XVII
MOTION TO
EXPEDITE
When a citizen is accused
of a crime, 95% of the time the accusation has a foundation of
validity. That does
not mean that we should simply take that person out and shoot
them. There is always
that 5% or even greater chance that the accusation was made in
error.
Under Hussein, Idi Amin,
Hitler and others, having one, a thousand, or six million, taken
out and shot merely on an accusation was the norm. Two, here, were
simply “taken out and shot” simply because they were in the wrong
place at the wrong time.
They were denied any recourse
whatever.
That is why we have a
constitution. To
protect us from false accusations. True, some guilty slip
through ‘loopholes’ designed to protect the innocent. O. J. Simpson slipped
through the cracks because the State tampered with solid
evidence. No system
is completely foolproof.
When a person is convicted of a crime they
are degraded to the lowest class of human. Spat upon and caged. Treated inhumanely. They must pay for their
crime to satisfy the public; the rest of us. They must pay for their
mistakes! [In too
many cases, however, we just want revenge.]
This is assuming that the
guarantees of our Constitution laws of Due Process are upheld by
honest officers of our
law. No perjury by
officials, no suborning of perjury by officials, no threats to
witnesses by officials, no fabrications of non-existent injuries
to the press prior to trial and during trial and no coercion of
jurors in their deliberation.
When one of us is guilty
as charged, meaning the charge is valid, then it is not necessary
for officials to resort to committing all of the crimes in the
previous paragraph to get a conviction via due process of
law.
1
Only when one of us is
innocent and falsely accused must immoral officers of the law
resort to perjury, suborning of perjury, threaten witnesses,
fabricate injuries that do not exist and broadcast to the press
false confessions and non-existent injuries blatantly ignoring our
Constitution that is designed to protect us from such immoralities
with the guarantee of due process of law.
We all understand one
aspect of law that is how one must be apprised of the charges
against him that he be allowed to defend. Twice in succession such
charge was made at the conclusion of the trial leaving no
opportunity to defend.
Twice in succession the Honourable Court of Appeals
reversed the conviction due to that violation of our
Constitution. One
would think that the Mayes County Oklahoma District Court would
have learned from their first mistakes. Then accept that fact
rather than try to cover it up and make it again.
Marie and I were falsely
charged in the death of our child. The very foundation of the
accusation was proven to have been perjured by Charles Ramsey’s
friend George Klatt.
Or was it Judy Girdner? George Klatt never
controverted Judy Girdner.
In either event there should have been then and there an
in-depth evidentiary hearing to determine the truth! Truth was not wanted. The truth hurts. But only the
guilty.
I want the truth
known. The truth will
set Marie free.
There are others the
truth would set free, if it was heard.
I think it is time for me
to reveal another truth: what was told me by Jeremy Jones and his
girlfriend who was with him when he shot Cathy and Danny Freeman;
put Laura and Tanya in the trunk of his car and called George
Klatt for instructions.
George Klatt brought the two body bags. One of the girls was shot
in the head; the other tried to escape and was shot in the
back. The lime came
from Adair. Who got
out of bed to get it for George I think I will keep to
myself.
2
This is the same George
Klatt who composed the “Probable Cause Affidavit” in the case at
bar. His sexual
perversion with minors in the mid 1970s at Pryor’s Whitaker
Children’s Home and perverted activities in Viet Nam are also
dirty little secrets I think I will keep to myself to protect his
innocent victims.
Things I would have never known had he not caged me up with
some of his friends.
I’ve met some of his live victims.
That is the type of
officials that care nothing about honesty and our
Constitution. The
type we do not need “protecting” us. A Knight in the dirtiest
of armour.
Our Benjamin had a fatal
injury from an accidental fatal fall onto a cement floor. Why was it necessary to
bust his head open in St. Francis Hospital after he had already
expired? Because a
conviction was absolutely necessary at any and all costs! Too many lies had been
told and they could not be justified so they had to be covered
up. In my first book
and this website I have exposed them. I have already written
most of Knights in Dirty
Armour II on this site and it, too, will be published by
Trafford, B.C. Canada when it is
completed.
As long as there is a
breath of life in me and I am able to write I will keep this
publication alive.
We have lost our only
opportunity to have a child with our name to raise and reap the
benefits of our intelligence. We have lost that gift of
life to an unforeseeable accident. Anyone else who has lost
their child will know our pain. No one who has not lost
their only child can know what this has done to us.
To exacerbate the injury
our innocent Marie remains caged in torment immorally and
illegally for five years to date and it is way past time for the
Honourable Higher Courts to accept the fact that immoral officers
of the law in Mayes County Oklahoma screwed up! They ignored our Federal
Constitution and they ignored our Oklahoma Constitution. They ignored the truth for
the benefit of an immoral and illegal conviction.
3
Ninety days ago I filed
the truth with the court clerk of the Court of Criminal
Appeals. How much
longer must Marie be denied Justice? How much longer must
she be sacrificed to protect the gilded reputation of criminal
officials in Mayes County Oklahoma? Must she die in prison to protect
these Dirty Knights?
If this is so then I
petition to re-instate Creek County’s Judge Thomas;
infamous for playing with himself with battery operated sex toys
during trials.
Removed from the bench because of simple perversion under
the robe; at least he didn’t try to kill any innocent person by
sending them to prison to die. Or did he? Do we really need these
kinds of prosecutors and judges in office to send innocent victims
of perjurers like their George Klatt to prison to
die?
Following is the filed
document with the Oklahoma Court of Criminal Appeals; the “Motion
For Summary Disposition.”
It is double spaced in accordance with Court Rules.
Had the State (Drew
Edmondson) responded within the allotted time limit of 30 days
with either a request for extension (which would have been
granted) or argument against the petition for relief, which would
have necessitated our filing a rebuttal to the State’s Argument,
the Court could pigeon-hole our petition for a significantly long
duration; a year would not be uncommon. Another year for an
innocent woman to rot behind prison walls waiting for Justice
that, due to her failing health, may not come during what lifetime
she has left. This
would definitely confirm Oliver Wendel Holmes, “Justice delayed is
Justice denied.”
This Motion is our only
resort to alleviate the unnecessary perpetuated unusual excessive
torment our Marie is enduring due to the accidental death of our
child and overzealous immoral dirty knights whose only interest is
a trophy for a conviction
. . . at all costs.
That is a major problem with the adversarial system;
Justice sometimes takes a back seat to “Winning at all
costs.” Janet Reno’s
suggestion of “seeking the truth” is all too often scoffed
at. Though it is a
better way, it is not as profitable.
Following is the Motion,
verbatim, filed April 4, 2006:
4
Filed
April 4, 2006
Michael S. Richie, Clerk
IN THE COURT OF
CRIMINAL APPEALS
STATE OF
OKLAHOMA
Gilda Marie
Schoonover
]
Petitioner
]
]
]
case #
2006-5
Vs.
]
from Mayes
County
]
case # 1999-271B
]
State of Oklahoma
]
Respondent
]
MOTION FOR SUMMARY
DISPOSITION
Comes now the petitioner
Gilda Marie Schoonover,
Pro se, an inmate within the Department of Corrections
currently at
the Mabel Basset facility
located at 29501
Kickapoo Road, McLoud
Oklahoma 74851, under the direct
care and custody
of Millicent Newton
Embry, warden.
And moves this court for
its summary disposition and judgment in the above styled and
numbered matter, and further prays this Honourable Court for its
5
Vacation of the Judgment
and Sentence in this matter, and
further prays this Court to bar any further pleadings by the
respondent being entered as procedurally time barred, all as a
matter of law and as a matter of Justice.
Statement of the History
of the Case
1. First
charge November 16, 1999
2. First trial
date April 19 – 25, 2001
3. Reversal of
first trial August 15, 2002
4. Second
trial April 16 – 21 2003
5. Conviction
affirmed September 8, 2004
6. Filed Post
Conviction Relief October 14, 2005
7. Post
Conviction Relief denied December 2, 2005
8. Filed
Appeal of denial January 3, 2006
Argument and
Authority
1 The
Oklahoma Post Conviction Relief
act as enacted by the legislature is through authority of Oklahoma
Statute Title 22 section 1080, etc. seq.
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2
Following the
rules of this court, and as proscribed by Title 22 0. S. 1080 etc.
seq., this petitioner timely filed her appeal in this Honourable
Court , hand
delivered to the clerk, on January 3 2006, following an adverse
ruling that was in error for reasons shown in the instant
petition.
3
Title 22 O.S. sec. 1083 prescribes 30 days from docketing
for the state to respond by answer or by
motion.
4 To
date the State of Oklahoma, through the offices of
the Attorney General, who has been duly noticed has failed to
respond and is now procedurally barred from response as a matter
of law.
5 The petitioner by
pleading, fact, and authority has informed and shown this
Honourable Court the merit of her cause of action and the relief
prayed in the instant application must be
granted.
7
Conclusion and
Prayer
This petitioner has well
presented the various courts and now this Court , as well as the
Attorney General of the State of Oklahoma, the Honourable
Governor of this State, and the public with facts and evidence to
support her claims of actually and factually innocent of any crime
charged, and yet has lingered in harsh confinement for over
five years.
The old legal adage
attributed to Justice Oliver Wendel Holmes well expressed need for
disposition in the instant matter; “Justice delayed is justice
denied.”
This petitioner is,
without question, entitled to the relief prayed in her petition
for Post Conviction Relief filed in this Court Jan 3 2006. The
State of Oklahoma has failed in its duty
to respond per 22 0.S. 1083, and thus, this petitioner has had
Justice denied by delay. She has shown in all
pleading to be just what she is: ACTUALLY INNOCENT. Further delay in the
matter at bar would exacerbate her wrongful suffering.
8
Therefore, premises
considered, this petitioner now moves this Honourable Court for
its summary disposition and judgment as a matter of law and
Justice, and further prays the Court to bar the respondent from
further pleadings as time barred, and finally prays this court to
grant her prayer for relief as originally offered the District
Court of Mayes County, and this Court on Jan 3 2006; that is to
say, to order the Judgment and Sentence vacated and the
petitioner ordered immediately released from custody in the
instant matter.
In the alternative,
should this court find further evidence be needed to support her
claims, an evidentiary hearing must be ordered pursuant to O.S.
1084, and Mrs. Schoonover would, if that be the case, move this
Court to disqualify the trial judge, the Honorable Dynda Post,
from presiding over such hearing, as it must be seen as clear that
Judge Post would be far from impartial at such evidentiary
hearing.
The above is all prayed
as a matter of law and a matter of Justice, and would serve
Justice in the best light.
9
It is
so prayed. Respectfully
submitted,
[signed]
Gilda
Marie Schoonover 404171
Mabel
Basset Corrections
29501 Kickapoo
Road
McLoud
Oklahoma
74851
I certify that 3 copies
have been hand delivered to the Court Clerk of the Oklahoma Court
of Criminal Appeals
1 copy to the office of
Attorney General Drew Edmondson
1 copy mailed to the
office of Governor Brad Henry
1 copy has been published
on www.knightsindirtyarmour
1 copy has been sent to
Trafford Publishing, B.C. Canada
1 copy has been mailed to
Mayes County Court Clerk
[signed]
John Schoonover U.S.N. Ret.
RR 1 Box
67 Cleveland Oklahoma
74020
* * * * * * * * * * * * *
JVD
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