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MOTION
TO QUASH
Comes now John Schoonover,
the Defendant, and prays this Honorable Court to vacate with
prejudice the Information filed by the State through the District
Attorney of Pawnee County for valid reasons to
wit:
The State of Oklahoma has
filed an Information in this matter in a hasty and obviously
unprepared irresponsible manner.
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This very office that
brought this action answers its telephone, “This is the District
Attorney’s office, in constant search of the truth.” [0829 hours
December 28]
Do we as a nation of law
consider it seeking truth while having a citizen arrested
with no factual basis for the charge filed by Information, that is
to say, abuse or neglect, O.S. 10 7115?
The Information herein
filed states this Defendant did “Committed the crime of Injury to
Minor Child, a felony, by wilfully (sic) and maliciously injuring or
using unreasonable force upon one Elan Lee Wheeler…by breaking
the child’s arm resulting in a spiral fracture of his arm…”
1. There is no
evidence of any such willful and malicious
action by the Defendant.
2.
The truth, investigated by the State, at no time
showed or purported any
willful or malicious
harm. In fact
only a
miniscule moment of inadvertent negligence at the worst can
and has been shown.
3.
The state in its Information uses inflammatory
language
when it stated “…by breaking the child’s arm…” indicating some active
participation in the
questionable injury by the
Defendant.
4.
There can be no cure for the prejudice the
Defendant would
suffer by any reading of the
Information, and
there exists not a scintilla of evidence presented this
court to corroborate such charge.
5.
This court allowed Information to be entered with no
evidence, a clear error.
6.
Proceeding with the Information as charged with no
evidence to support the charge, and the damage done
to a citizen by libeling him with a charge in the nature
of
the
matter at bar is an irreparable harm, and with no
supporting evidence being presented on hearing
this
Motion forthcoming the Information must be
quashed.
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The Defendant further
suggests that the prosecution of the Information, as charged,
drastically differing from the facts and previous statements and
allegations by the State, may be seen as influenced by a party not
interested as a matter
of law in this matter, and thus be seen as vengeful prosecution. The
Defendant would
ask the State and this Court to not only
drop prosecution, but as a matter of seeking
truth, investigate such action by outside parties.
For reasons given herein as
follows: 1., The damage done this Defendant
already by false accusation;
2., Exacerbation of such by further action; 3., the prejudice by Information
as stated would cause the defendant irreparable damage by further
action.
The liability to the state
for malicious prosecution; and the general lack of any evidence to
support the charge given this Court for obtaining the warrant for
arrest, this Defendant moves to quash the Information and dismiss
the charge herein with prejudice to avoid further improper
consequences to the Defendant or to the State.
Respectfully submitted,
John
Schoonover
It was not learned until June of 2007 that this Motion,
given to Attorney Jon Carter to file, was not
filed.
* * * * * * * * * * * * *
Quoted
from “An Inconvenient Truth,”
pages 68 and 69, by Al Gore, then United States Senator from
Tennessee.
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“It was a bright spring day of April 1999. Tipper and I had taken our
son to the season opening game in Baltimore. We had a wonderful time and
as we left the stadium, my son’s hand was in mine. Albert was just six and
already loved baseball.
We stopped at the curb with some neighbors after a long walk
toward the lot where our car was parked. Suddenly one of Albert’s
friends who was walking just in front of us with his dad bolted off
the sidewalk and took off running as fast as he could across the
busy one way street, even thought traffic was heading toward him
half block away. Then
in the next instant, with no warning, my son pulled his hand out of
mine and jumped off the curb running to chase his friend. But just before he got to
the far lane he was hit by a speeding car. I watched what no parent
should ever see. My son
was knocked into the air with a horrible thud and then hit the
pavement 30 feet away from the point of impact scraping the pavement
until he came to rest motionless and silent….Waiting to hear the
rescue siren was the most excruciating six minutes of my life. Albert had suffered a
concussion, a broken collar bone, broken ribs, a compound fracture
of his thighbone and massive internal injuries including a ruptured
spleen as well as bruised lung and pancreas and fractured
kidney.”
* * * * * * * * * * * * *
My son, I would ask: Does that make Senator Gore any less
negligent than me turning away for a few seconds?
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Such unforeseen accident had never happened with Senator Gore
and his son before; you had never given me a clue that you were
capable of maneuvering so quickly before. What has happened to the
14th Amendment and “Equal Protection under the
law?”
It is fortunate for the Gore family that Oklahoma’s D.H.S.
with Mikah McCray was not at the hospital to greet Al and Tipper
Gore with an emergency protective order and immediately take custody
of little Albert as surely she could claim that Al, with all his
intelligence and faculties in tact was not momentarily negligent by
not having an iron grip on his son’s hand but deliberately let it go
so that his son would be maliciously and intentionally injured by
the speeding traffic.
His motive would be…?
I’m wondering what “motive” of mine she will claim? Senile dementia? Recent ‘mini’ strokes caused
by illegal confinement and inadequate medical care in D.O.C.? A cranial injury half
century ago?
My Dear Elan, while I was in prison waiting for the Oklahoma
Court of Criminal Appeals to overturn the illegal conviction I met a
quiet little old man, Leroy Hayes. We got along quite
well. He was a
reader. Frail as he
was, that is about all he could do, read. It was not difficult to
discover why he was in prison.
Among his many illegal smuggling activities was that of human
flesh. Children. He bought, cheap, and sold,
high, children. Mostly
foreign children and sold mostly for child pornography and sex
slaves. He told me of
one young girl in particular that he sold to a wealthy aged man, for
a rather high price…doesn’t matter why the man bought her what
happened to her…but I will tell you anyway. She was not sold into a
perverted slavery; the old man simply wanted someone to leave his
estate to. Babies
command a higher price.
Babies like you.
They are kidnapped every day. There was a corrections
officer that had a ‘sort of’ “baby farm” consisting of, not unlike
Hitler’s, but of ‘captive’ mothers to be…pregnant inmates. What better cheap source for
saleable babies? She
never got less than $10,000 a baby. The pregnant inmates, with
plenty of “time” on their hands, were helpless to do anything to
prevent the taking of their babies. How can a caged inmate
protest?
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What are you worth? A perfect child. No medical problems. A demeanor that cannot be
beat. All that needs to
be done is get rid of your parents. My son, your mother has no
means to support you.
She presents no problem to DHS. Your father does presents a problem to
DHS. He has the means
to support you. What
better way to get rid of him than to accuse him of child abuse? He is 70 years old with
medical problems. If we
can get him ‘back in prison’ a two-fold problem is solved, not just
one. He has advertised for an attorney to file suit against the
State for his illegal conviction and confinement of four years! We can not only save
the State a substantial sum of money but, and I am sure Mikah McCray
has not thought of it, but she could make a substantial sum under
the table from the right buyer.
I am not suggesting that Mikah McCray has designs on becoming
a flesh peddler but the door is open and the temptation cannot be
denied. One only has to
see the “before and after” photographs of you to see that she is not
concerned with your welfare by taking you from me. After Mr. Robertson does her
bidding what is to stop her?
It certainly would not be the first time a DHS employee
‘arranged’ for the ‘adoption’ of a ‘deprived’ child and I can no way
supply the cash ransom she could demand. Al Gore could. Mikah McCray could have made
a killing if she could have gotten her hands on little Albert.
It is far more practical to take children from those of
limited resources than those of wealth and status.
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