In Memory Of:

Benjamin M. Schoonover

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Innocent Or  Guilty...  Tyranny Decides

 

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Knights in Dirty Armour

 

                                       "Innocent... or Guilty..

                                                            Tyranny  Decides"

 

 

When Shelly Young testified for the State, she had no knowledge that there were no marks, no bruises, no sign of injury to Ben.  She had been so shocked at the photographs taken of Ben by George Klatt, and by the “explanation” given by deputies Eddie Griffith and George Klatt of what “John had done” to Ben (“beat his head against the bedpost”), that, when asked by the prosecutor at the second trial, “Are you afraid of John?”, Shelly harpooned, “I’m terrified of both of these people.”

 

     Such theatrics have no place in a court of law according to one Supreme Court Justice.

 

     November 16, 1999:

     “Good afternoon, I’m Charles Ely, and this is the Channel 8 news:”

 

John and Gilda Marie Schoonover were arrested this morning by

Nowata County Sheriffs Deputies at the home of James and Nora Stanart,

parents of Gilda Marie Schoonover.  The couple were taken to Mayes

County, where they are charged with First Degree Murder in the death

of their two-year old son, Benjamin Michael.

 

 

Authorities report that Gilda held her son while John tortured

him with a pitchfork and beat him to death with a baseball bat.  John

reportedly confessed to brutally murdering his son to employees at

St Francis Hospital, where Benjamin died from the massive injuries.

 John and Gilda Schoonover are being held in the Mayes County Jail. 

District Judge Terry McBride refused bail for the couple, stating,

“This was the most heinous crime” he’d ever seen.

 

 

 

     The so-called “authorities” who reported this to the media, as well as the arresting officer, were one and the same.  This one individual was George Klatt, the Chief Investigator for prosecutor Charles Ramsey, and bidder of Jim Stanart.

 

     The front page headlines and graphic stories in five area newspapers were worse.  John and Marie Schoonover had been publicly lynched by the media.

18

 

Mayes County Regional Medical Center admitting physicians Dr. DeLong and Dr. Gietzen would testify at both trials that they … “examined Ben from head to toe and could find no visible signs of any injury.  Attending nurses Childers and Lewis’s testimony corroborated those of Dr. DeLong and Dr. Gietzen.  Dr. Fell, of St Francis Hospital in Tulsa, logged in his record, “No surface injuries”.  Dr. Barton, also of St Francis, also recorded, “No visible injuries”, and would testify he did not make a note of the barely visible half-inch hairline fracture on the initial MRI on the back of Ben’s skull because “it was insignificant”.  Texas Medical Examiner, Dr. Krouse, testified “No broken bones, no old fractures, no puncture wound or abrasions, and no bruising to indicate child abuse.  Only a single 12mm (half-inch) fracture on the back of Ben’s head, and that it is likely that a fall from a piano bench on the cement surface is what led to this child’s death”.

 

     

Supreme Court Justice Levanthal of the 9th Circuit in a 1988 ruling; “If the government police and prosecutors could always be trusted to do the right thing, there would have never been a need for the ‘Bill of Rights’”.

 

    

 

     Attorney Gary Madison would not defend John at trial, but he would defend Marie.  As it was now public knowledge that John had “confessed to killing Ben”, it was justification for a second bond hearing, as there was nothing presented to show any cause for even arresting Marie in the first place.

 

        Despite documentation of John’s extensive coronary artery disease, John was put in a cell with convicted violent felons with “little to lose”, who physically retaliated against John for his alleged charges of murdering a child.

 

     The beatings stopped when inmate Fame Lee recognized that John was having a heart attack, and if John were to be beaten to death, at least one of the assailant inmates would get life without the possibility of parole.  Fame Lee would later succumb to a fatal heart attack in the same cell.

 

     John asked to see a physician, preferably a cardiologist.  “Fill out this request and sign it.”  John quickly filled out “severe angina pectoris with cheyne stokes respiration” and continued eating nitroglycerine while laying on the floor.

 

 

 

 

 

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     Four Supreme Court Justices from 1976 to 2000 have ruled “Elementary principles of the cruel and unusual punishment clause of the Eighth Amendment (clearly) establishes the government’s obligation to provide medical care for those whom it is punishing by incarceration”, and “prison official’s knowledge of deliberate indifference to prisoner’s serious medical needs may be established by circumstantial evidence”.

 

     Withholding all cardiac medication except for the nitroglycerine is considerably more than “circumstantial evidence”, and “finding of deliberate indifference by prison officials to serious medical needs of inmate, in violation of Eighth or Fourteenth Amendments necessarily precludes finding of qualified immunity”.

 

     And, “Pretrial detainee’s constitutional rights are distinct from a prisoners rights, because states cannot punish a pretrial detainee”.

 

     Janelle Buckskin, the Mayes County Jail Administrator, would twice more deny medical attention.  First, when John suffered a stroke and requested (in writing) a physician, and second, when a steel door was slammed on Marie’s hand, crushing her knuckles.  Marie was secreted to an isolation room so that she would not be able to show her injury to a visiting state prison health inspector.

 

     Janelle Buckskin refused John Schoonover’s requested medical attention.  She would state her reason to the court, “He didn’t complain of any pain”.

 

     Had John expired in the Mayes County Jail, it would have ended there.  The commitment at the hospital to Jim Stanart to “nail John to the wall” would have been fulfilled with one coffin nail, and the news media (catering to George Klatt) would print his authorization:  “A deserving end to a child murderer; justice has been served”, and Marie would be set free as there was no probable cause; nothing to connect her with the death of her great-nephew.  “Trust me”.

 

     Gary Madison had one surprise for the court and possibly for prosecutor Charles Ramsey when he said, “I’d like to call a witness, your Honor.  I’d like to call Carol Frye to testify”.

 

     Prosecutor Charles Ramsey objected.

 

 

 

 

 

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     “Mrs. Frye, I’m reading a statement on the Probable Cause Affidavit written and sworn to under oath by George Klatt, the State’s Chief Investigator, that, and I’m quoting, ‘John Schoonover confessed to you (Carol Frye) at St Francis Hospital, that he killed Benjamin and that he told you to tell the rest of the family’.  Is that true, Mrs Frye?”

 

     “No.  I was never in the same room with John, and he never spoke to me.”

 

     “I’d like to call Mrs Judy Girdner.”  Again prosecutor Ramsey objected.

 

     “Mrs. Girdner, I’m reading a statement on the Probable Cause Affidavit written by and sworn to under oath by Gorge Klatt, that, and I’m quoting, ‘John Schoonover confessed to Carol Frye at St Francis Hospital, that he killed Benjamin, and for her to tell the rest of the family, and this confession was overheard by Judy Girdner.’  Is that true, Mrs Girdner?”

 

     “No.  I was not at the hospital and could not overhear anything, nor was I told anything about this before you told me about it yesterday.”

 

     The entire case should have been dismissed at the revelation of the perjured Probable Cause Affidavit composed by and sworn to under oath by George Klatt.  This Probable Cause Affidavit was submitted by prosecutor Charles Ramsey to Judge Terry McBride.  When discovery of the proof that it was perjured was made, Judge McBride should have then and there held an investigation and allowed John and Marie the audience they had requested.  No competent Judge would continue a case on the foundation of a proven perjured Probable Cause Affidavit.11,12

 

     Bond was set at $15,000 each by Judge Gary Dean.  John and Gilda Marie Schoonover posted bail and were released pending their first trial.

 

     Knight George Klatt was compelled to resign after his web of deceit was unraveled, though Knight Charles Ramsey would remain entangled to unwittingly reveal one, more heinous atrocity committed by George Klatt.

 

 

 

 

 

 

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