August 2nd at
1400 hours a Pawnee policeman came to the office of DHS to search
me, as I am always searched prior to you allowing me to see my
son. This search is
at the request of A. J. Campbell, your supervisor, who made the
empty promise last winter that when the weather cleared up we
could go outside for visits.
There is no justification
for these searches as I am visiting my only son, but, then, I have
been searched when I visited other prisoners in other State
facilities such as the tiny ‘jail-cell’ setting Elan is taken to
for supervised visits.
Months ago I was ordered
to not bring his bottle…and then ordered not to bring a banana…it
interfered with Elan’s foster parent’s schedule. That tells one whose
interests take priority.
You provided junk food
snacks. Well, if Elan
is allowed junk food snacks why isn’t he allowed what I bring:
Banana, Blue Bunny Yogurt, Caltrate Chewable 600+D PLUS Minerals
for bone…VIACTIV Multi-Vitamin [12 Essential Vitamins plus
Calcium] Milk Chocolate Soft Chews.
I all but begged you to
let me give my son snacks.
First, you said Elan had just eaten. Then you brought out of
‘his’ bag a package of sugar coated dry cereal with no protein,
what little content they did have was less than 1% of
anything…Junk Food.
Elan dug in.
I asked, if he was
hungry, why I couldn’t give him the quality food I brought?
“His Doctor doesn’t say
he needs it. If his
Doctor said he needed it we would give it to him.” {His ‘doctor’ also did not
say he didn’t need
it.}
“What is this Doctor’s
name? I’d like to
talk to him.” "I don't know"
was your answer. "You don't know His doctor's
name? You are in charge of my son's life and you don't know
his doctor's name?" "His foster parents do." "Don't
you think I should know who is treating my
son?"
I want it in writing from
A. J. Campbell that I am not allowed to give my son quality
snacks during our visits.
I am allowed
to see my only son only one hour per week in your jail-cell
setting and it should be quality time. It should be something
special to my son and how special is it if I am not allowed to
give my son something he needs (what you said about this
phantom ‘doctor’ is stupid bull shit and you know it) that he
would enjoy and you are depriving him of that Father/Son
partnership/nurturing companionship interaction. You read my quote of
the Oklahoma Supreme Court’s opinion on the nurturing factor of
parent/child as paramount under our Federal and State
Constitutions you seem to have little/no interest in
upholding. You
were in that room, not A. J. Campbell. It was your
decision to deprive my son, not his. Unless and until I get it
in writing from A. J. Campbell that you are acting as a
pawn under his orders to deprive my son of nurturing from me the
responsibility remains on your shoulders. Unless and until I
get it in writing from Elan’s Doctor, whoever he may be, that he
should not be given quality tasty vitamin enriched snacks and
quality foods by me, his father, it remains on your
shoulders that you are nutritionally abusing my son by
insisting on only your DHS Junk Food snacks.
Your main concern during
the entire one hour visit was did I complete any portion of your
mandated “Anger Management” course.
Considering what you have
just read you should understand that there is no ‘anger’ that
needs “management” when it is so calmly/well expressed in this
letter. Does it anger
you that I tell not just relatives or neighbors or the county…but
the whole world what you do to my son?
You notice I place a
digital Panasonic 8-hour audio recorder on the table lest you say
I said something I did not say. Does this anger
you?
You know now that I
publish the photographs of my son on my website to show his
expressions that tattle-tail abuse…under your jurisdiction. Does this anger you? Are you happy about
it?
I told you that at the
court house I was threatened by one of your associates that they
were going to get someone to infect my computer with a virus…and a
week later I got a virus…that cost $200. to clean out. Coincidence? I told you I think it is
funny. Did that make
you angry?
To get to my website
quickest way is to type Mikah McCray in Google. Will it make you angry for
me to fix it so that Donna Pace will work too?
All I wanted to do was
give my son some quality snacks to enrich his physical/mental
being while bringing a little enjoyment in our weakly visits. And if you think he does
not need them it is proof that you need some Ex-lax.
Now would be a good time
for you to remind me that “We always try to reunite families as
quickly as possible.”
You read what I wrote
about DHS Director Howard Hendrick and the serious accidental
burning of his son Hudson July 4th and how he “waited a
day” like you say I did. Assuming you believe in
“Equal Justice Under The Law” do you believe Howard’s son should
be put in Foster Care like Elan and Howard charged with Child
Abuse under Title 10 because of this accident like I was or do you
believe his son should not be put in Foster care pending
investigation and my son should not have been confiscated and put
in Foster Care for his far less than serious minor injury which
would be equal justice under the law? Or do you simply not
believe in “Equal Justice Under The Law”? Do you believe Howard
Hendrick believes in “Equal Justice Under The Law”? Careful how
you answer that as it is a known fact that DHS Director Howard
Hendrick reads my website.
Does it make you angry that I ask you these questions? If you have the courage
will you put your answers in writing?
There are two colorful
billboards in you waiting room: One large “AND JUSTICE FOR
ALL” with the word “equal” omitted. Are your Howard Hendrik
and John Schoonover not to get the same “equal” JUSTICE? The other billboard,
“Preserve Our Future…Become a foster or adoptive parent.” All well and good for an
unwanted child; are there not enough abused unwanted children
to fill your coffers
without stealing one who was not abused but loved and wanted and
destroying a natural normal Father Son union? You “preserve”
nothing!
At the time of this
writing my website was paid up to 2017. At the time this is
published on my website it will be paid up to 2027. My ‘inbox’ gets more
responses daily than I have time to answer or post. Does that make you
angry? If you can
think of a better way for me to “manage my anger” that you are
foolishly convinced I have than telling the truth and possibly
helping other victims of your DHS and frightened parents who will
not risk taking their children for medical attention for an
accident lest the same fate await them from DHS as you weld to
Elan and I then let me know…in writing. Otherwise, this truth
stands: You advertise
for foster parents.
You advertise for adoptions. That is where the money
is. And when you want
perfect babies like my son to sell you scream “child abuse!” to a
judge and take them.
Then impose impossible to pay for tasks, called
‘extortion’/‘blackmail’ in Black’s Law Dictionary. Follow the money. You are a refined
resurrection of Hitler’s Gestapo. Feared and can never be
trusted. And I cannot
blame good parents for not wanting happen to them what you cause
by your false charges to happen to my son and I.
A Corrections Officer,
not knowing who Elan is, saw a spread of the photographs I had
taken and simply asked, “Who abused this child?” “Mikah McCray” and “Donna
Pace” was the answer given.
By the way: The August 2 photographs
of the blisters on my son’s left forearm did not show the blisters
clearly enough to publish.
What did the “Doctor” say caused them? Are they abuse or only
neglect? The longer you keep my son from me the longer you are
abusing him.
Physically, nutritionally, mentally and morally.
We are
both being abused by
you (DHS) for no reason at all.
*
*
*
*
*
*
*
*
*
*
*
*
*
August 9,
2007
1200
HOURS
DHS had heretofore always
set the date for my supervised visit with my son. It was an oral agreement
with Mikah McCray that I would always call if I was going to be
late for any reason or that I could not make the appointment for
any reason.
Otherwise, I would be there. I was dressed and ready to
walk out the door to get in the truck. When it started, and
provided there was not a flat tire, which I have not had in well
over a year, I would call and let DHS know I would be on
time.
Well, I didn’t have to
call because Donna Pace called me to advise that because I did not
call yesterday,
she had cancelled today’s visit. “Well, what about
tomorrow?” “No, we
have you scheduled for Thursdays so we will keep next Thursday…but
you need to call me Monday – Wednesday to let me know…”
I’ve met criminal
prisoners on probation/parole with the same restrictions
concerning visits with their probation/parole officers.
The majority of good
lenient conscientious probation/parole officers try and do help
their struggling wards achieve success. They are an asset to
society. Then there
are those that feel all their wards are second class citizens that
should have been fed to the lions.
With so many fines and
monetary levies difficult or impossible to meet.…or suffer the
consequences of the wrath of the ill-directed latter. Some have no
way of even possessing a phone. Or a computer, access to
the internet and a website to tell the world….that they are being
treated no differently than some, not even guilty of any crime,
under the thumbscrew of DHS.
Perhaps I am simply being
presumptuous.
Donna Pace may not simply be flexing her power to ‘show
who’s boss.’
Otherwise she would have yielded to my begging to see my
son on Friday. Most
likely the ‘surprise cancellation’ is to hide another set of
bruises from my camera lens.
If so, they would be healed by the
August 16th visit...during which he was very cranky for some
unecplained reason...he seemed hot though I was not
allowed a thermometer to confirm any fever.
*
*
*
*
*
*
*
*
*
*
*
*
*
Filed
August 10, 2007
IN THE
DISTRICT COURT OF PAWNEE COUNTY
STATE
OF OKLAHOMA
State of Oklahoma ]
]
Plaintiff ]
]
Vs. ] CF – 2006 -
167
]
John Edward
Schoonover
]
]
Defendant
]
MOTION TO QUASH
INFORMATION AND DISMISS WITH PREJUDICE
Comes now the Defendant
John Schoonover appearing with counsel and presents this honorable
court with his MOTION TO QUASH, said being presented pro se
despite being represented by counsel and fully acknowledging he
has been afforded his right to counsel.
The Defendant moves this
honorable court to quash the information and dismiss with
prejudice the charge brought by the State of Oklahoma by and through David K. Robertson,
Assistant District Attorney of Pawnee County for reason and
authority to wit:
1.
The def was charged by
information with the following crime :
Injury to minor child
(10-7115)
1
2.
The elements are, as listed
in the INFORMATION: “wilfully {sic} and maliciously injuring or
using unreasonable force upon one Elan Lee
Wheeler…”
The complaining witness,
Mikah McCray, by her own words in her SECOND AMENDED
PETITION as composed by Larry D. Stuart, District Attorney for
Pawnee County in the matter of Elan Lee Montgomery Wheeler, JD -
06 – 34 states, “The natural father caused the injury to the minor
child either through improper handling or carrying said child, or
by failure to place said child in a safe place when he left the
child unattended which allowed the child to fall and receive the
injuries {sic}.”
The complaining witness,
Mikah McCray, by her own words in her THIRD AMENDED
PETITION as composed by Larry D. Stuart, District Attorney for
Pawnee County in the matter of Elan Lee Montgomery Wheeler, JD -
06 – 34 states, “The natural father caused the injury to the minor
child by failure to place said child in a safe place when he left
the child unattended which allowed the child to fall and receive
the injuries {sic}.
This is not “willfully or maliciously injuring or
using unreasonable force.” As defined by title 10-7115 of the
Oklahoma Statutes and not by any stretch of the imagination
“wilfully and
maliciously injuring or using unreasonable force” as claimed in
the INFORMATION.
In her “INDIVIDUAL
SERVICE PLAN” Mikah McCray, the complaining witness, does not
controvert the fact that Elan Lee Schoonover was left unattended
for an extremely short period of time, that is to say, “put Elan
on the bed between two pillows. Mr. Schoonover left the
room to get a bottle and when he returned, he found Elan on his
back on the floor.”
2
This act also is not by
any stretch of the imagination “willfully or maliciously injuring or using unreasonable
force” to a minor child.
3.
Should the State ask for
a lesser included offense of negligence, this court must find that
the evidence does not support the lesser offense being given for
the following reasons to wit:
“ “child neglect” means
the willful or malicious neglect, as defined by
paragraph 3 of subsection B of Section 7102 of this title, of a
child under eighteen (18) years of age by another.”
Negligence is acting or
failure to act in a manner that a normal person would to prevent
injury or harm.
This would apply, as an
example, should one give matches to a minor child to light and
throw on gasoline.
One should reasonably know that gasoline explodes when
ignited. The minor
child, having faith in the adult, would reasonably assume the
adult was responsible or he would not have been given the matches
to light and throw on the gasoline. Such as the case of DHS
Director Howard Hendrick July 4 of this year resulting in serious
injury to the minor child, his son Hudson, not yet recovered from
the injuries.
However, this act was determined by Attorney General Drew
Edmondson to be an accident meriting no action.
Elan Lee Wheeler
Montgomery Schoonover was entering the ‘crawling’ stage in life
and had not exhibited the ability to roll up and over a pillow at
all, much less in a short period of time from being positioned on
his back between the two closely placed pillows as barricades the
evening of November 14.
3
One could not therefore
“reasonably know” that Elan could and would do what he did until
Elan proved with his act, that he could and did in fact roll up
and over one of the two ‘barricade’ pillows.
It is alleged that the
Defendant, after knowing Elan’s arm was
injured, “delayed a day allowing the child to suffer
needlessly…etc.”
The facts are that Elan,
when picked up, stopped crying, took his bottle and went to sleep
and slept through the night, rolling over twice on his own,
without any indication of any distress. Elan was alert and smiling
when first seen at the Cleveland Hospital and Elan was “alert and
smiling” [quote from hospital report] when carried into the OSU
Medical Center still showing no signs of any injury and the original radiologist
report at OSU even showed no fractures or any other
injury. As the
Radiologist, a professional in the medical field could see no
injuries; no fractures, then how could it be expected that a
layman such as the Defendant could know more than a
professional?
Unlike a serious burn
that is obvious and obviously needs immediate medical
attention to prevent exponential necrosis Elan showed no symptoms of any injury except and only when his right
arm was manipulated the
morning of November 15.
Photographs of Elan within 10 days of his accident showing
him using his right arm in three different positions obviate how
minor his injury was.
[attached as exhibit]
4
When this court, hearing
this motion on merits, unbiasedly looks at the facts, it is
obvious Mr. Schoonover did not act in a negligent manner.
In this courtroom,
November 21, before Judge Mathew D. Henry, Mikah McCray, the
complaining witness, was asked as she testified
under oath, if any of the three physicians that she interviewed
could state that Elan’s injury was inflicted, to which she replied
“No.” And: Would any
of the three physicians that she interviewed state that Elan’s
injury was not an accident to which she replied “No.” Additionally, Dr. Nebergal
at Tulsa Regional Medical Center wrote in his report
November 15 that this non-displaced fracture “from a fall can not
be ruled out.”
In closing the Defendant
submits that there is no evidence to support any charge of any
malicious action and it has been shown there is no negligence by
any legal definition and that nothing occurred but an
unanticipatable isolated minor ‘normal’ household accident.
The Information must be
quashed and the charge dismissed with prejudice. It is so
moved.
Respectfully,
Sigmed
John Schoonover
Copies to County
Attorney’s
office
Exhibit:
Single page of three 4”X6” photographs of Elan Schoonover 10 days
after the accident.
5
