In Memory Of:

Benjamin M. Schoonover

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Straining Gnats...   Swallowing Camels

 


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Knights in Dirty Armour  II

 

Chapter XII

 

STRAINING GNATS, SWALLOWING CAMELS

 

 

 

                   When the request for extension of time allowed was sent to the Court Clerk of the Oklahoma Court of Criminal Appeals, stating the ambiguous time restraints and irregularities in the answer from Judge Post and Mayes County; making it impossible to file a brief for appeal with any meaning within the ‘catch-22’ time Judge Post allowed, or rather, did not allow, I received the properly dated documents back along with twenty five pages of rules to follow.  Amount of pages allowed, type set, font, many references to “rules” by number…but not the rules themselves.  It must be done according to the “Rule abc and Rule xyz” etc.  Twenty five pages.  If any gnat sized Rule is not adhered to the appeal can be thrown out.  Simple as that. 

 

                   We need an attorney.  Kevin Adams bailed out after he has been paid and it is impossible to locate an attorney who can read 1,300 pages of transcript and 100 pages of caselaw and showings of Prosecutor Misconduct, Judicial Misconduct, Ineffective Assistance of Counsel [State induced and, in the case of Kevin Adams, ineffective due to conflict of loyalty to his client or to his collegues Judge Post and Charles Ramsey, who he obviously prefers to protect] and prepare a brief limited to thirty pages and containing all the camel sized violations of U.S and Oklahoma Constitution laws committed by Judge Post and Charles Ramsey.  

 

                   These great laws are there, not to “protect the criminal” as so many believe but to protect the innocent from being criminally prosecuted and punished! 

 

 

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                   Are these great laws abused by “criminals”?  Most certainly.  In this case, as well.  It is criminal to send an innocent woman to prison to die when no crime was committed.

 

                   The criminals are, in this case, from the beginning: George Klatt who, among other things, photographed a pitchfork I used to clean out our chicken coop with; showed it and told the press we used it to “Tortured Ben with a pitchfork” and gave it to the coroner, Ronald Distefano who stated in limine [outside the hearing of the jury] that the two insect bites on Benjamin on his waste were not puncture wounds.  Photographed a collection of antique baseball bats, showed and told that we “Beat Ben to death with a ball bat.”  “Oh, my God” was one of the exclamations from the prospective jurors when they were told this in the Courthouse Hallway.  This was printed in the Pryor Daily Times.  It was never printed publicly that there were no visible injuries or bruising as the physicians testified.  Only what George Klatt told the media and what Judge Post and Charles Ramsey said about “all the bruises on the murder victim being consistent with child abuse.” 

 

                   Charles Ramsey, Pryor County Attorney who suppressed exculpatory evidence he knows vindicates Marie.  He must protect his friend George Klatt. 

 

                   Judge Post who will not allow Marie’s attorney to put up a defense of our theory of what happened to Benjamin while I was outside and Marie was on the phone to her mother.  “The State has presented no evidence that there is any furniture in that house.”  “Refused, Return to Sender” in her handwriting on an envelope containing titanic evidence to the innocence of Marie. 

 

                   These are NOT honourable people.  They are, in my opinion, worse than Jeremy Jones.  Jeremy Jones…not even Saddam Hussein sent innocent victims to their death under the cloak of Justice!!!

 

 

 

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                   Martin Niemoller, German Lutheran pastor, 1892-1984:  “The Nazis came first for the trade unionists and communists and as I was neither, I did nothing.  Then they came for the Checzs, and I wasn’t Checz, so I did nothing.  They then came for the Poles, Slovs and Gypsies, and as I was none of these, I did nothing.  Finally, the Nazis came for me and there was no one left to do anything.”

 

                   George Klatt, Charles Ramsey and Judge Post are not Nazi mass murderers.  They have conspired, though, to deprive one single Gilda Marie Schoonover, an innocent woman, of her life.  It was a “vengeance” attack on Marie because they could not get me.  Then did succeed in robbing from me four years of my life that concluded only when the Court of Criminal Appeals stated I was innocent of the charge brought against me by Judge Post.  She sent me to prison on that charge without a trial.  She simply charged me and told the jury I was guilty.  That is not justice.  I am living proof that Judge Post is a criminal.  I paid four years of my life…she tried to take seven…in prison that proves it.  That cannot be controverted. 

 

                   This same criminal sent Gilda Marie Schoonover to prison to die. 

 

                   So why should the loss of one life concern anyone?  Because, Who Is Next? 

 

                   Are there others?  I believe there are. 

 

                   Janet Reno, past U.S. Attorney General told me to my face that she believes 10% of convictions are wrongful.  I was in that 10%  Gilda Marie Schoonover is also in that 10%.  I have researched several other cases of suspected improprieties by Judge Post and have found three that are, though not as egregious as this one, wrongful convictions. 

 

                   Who Is Next?

 

 

 

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                   I have met child abusers, drug dealers, all walks of criminals in prison.  Contrary to screams of “I’m innocent” most admit the mistake[s] they have made.  Most belong where they are.  Some should have simply been taken out and shot.  Some, like Doyle Dobson, whom I attempted to help get released, shortly before he died, are dead dogs being beaten. 

 

                   “Forty minus one” lashes were ordered one victim of a corrupt judicial system.  Mel Gibson put it on the big screen and there were far more than forty lashes.  Punishment beyond benefit.  Doyle Dobson was sentenced to 25-75 years; the Department of Correction decided that 75 years was necessary.  But when I met Doyle he has spent over twenty five years in prison without a single misconduct. 

 

                   Doyle Dobson was guilty and found so by a just court.  Twenty five years ago.  When I met him he was senile, incontinent, helpless and harmless.  I wrote many petition letters to get him released.  The problem was that no one wanted to bother to take care of him; he had no home but prison.  The vegetable withered away in prison.  The same way Judge Post wants for innocent Marie!

 

                   Who is next?

 

                   When freedom is stolen from one and it is ignored by all, then freedom can be stolen from another, and another…we all lose.  You lose.  It is only a matter of time before our Constitution falls by the wayside just as did Russia’s, once touted as being second only to our own. 

 

                   The fate of Gilda Marie Schoonover is no longer in the hands of the criminals that put her in prison.  It is now in the hands of the Oklahoma Court of Criminal Appeals. 

 

 

 

 

 

 

 

 

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                   Kevin Adams having abandoned Gilda, she is now without an attorney who can and will write her appeal appropriately and within the constraints of the fourteen pages of references to rules of the Oklahoma Court of Criminal Appeals.  An irony is that just before Kevin Adams bailed out he told Marie that He was certain that I had killed Benjamin and he based his belief on my demeanor when I refused to sign the confession he had written for me to sign.  That “certainty” of his that I am guilty is “certainty” that he knows Marie is innocent when he abandoned her.  Marie has only me and my friends now of limited ability to fend for her.  To type her appeal for Justice the best way we know how.

 

 

                   Gilda Marie told me during our Sunday visit December 18th that NO ONE there who has submitted a “Pro-se” brief has ever won their appeal.  This fact has put fear into her that we are fighting a lost cause.  I will not concede to this though it is definitely an uphill battle. 

 

                   “An uphill battle” reminds me that it was an “uphill battle” on Iwo Jima when our Marines pushed up our flag.  The late “Captain Kangaroo” was their sergeant and he was wounded there at that time.  Carried back to the beach on a stretcher.  I will continue my “uphill battle” for Marie until I am carried away on a stretcher.   I will also help, or try to help, a few others whom I know do not belong in prison. 

 

                   During these past four years I know of four who have been given relief through the filing of Pro-se pleadings.  Four who were not guilty.  Others who have had sentence modifications who were guilty but wrongfully convicted.  Melton Herd is in prison.  Pled guilty to several burglaries.  However, a close examination of his records show that two of the burglaries he pled guilty to were committed when he was in jail in another county.  He should not be punished for burglaries he did not commit!  His case is old and it is being difficult because of the time…but Justice delayed is Justice denied.  He is a good chef and he has a job waiting for him if we are successful. 

 

 

 

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                   Most, however, who file Pro-se do not have any substantial grounds for filing.  Most are frivolous suits.  I have had to walk away from some telling them to quit crying and take what you deserve.  But there are those who do not belong in prison and some, if I can help, I will. 

 

                   There are a few religions, very few, that see good in everything.  George Burns said it best in “Oh, God” when asked about evil by John Denver, referring to a half-dollar, “How can I make the front without making the back”?  Silly, perhaps, using that example.  But how can there be “Good” without something to compare it to? 

 

                   Marie told me there has got to be some good come of this.  “God has a reason for letting them put me in prison.”  Marie has come up with some pretty good reasons:  Heretofore she viewed prisons as full of evil people deserving to be caged.  Now she knows that not all prisoners are guilty and deserving of being caged. 

 

                   She has involved herself in evangelism programs and other programs to help others in prison, guilt not a factor.  She has tried to teach others how to live with less stress and more tolerance.   She has tried to promote harmony where there is little or none.  She has shared her commodities with some who have no one “on the outside” who will help.  She takes pride in her menial assigned job.  “You have to take pride in what you do, no matter how small.”  Pride in detail is what put Rolls Royce at the top. 

 

                   Marie’s faith in her God has kept her from being destroyed in prison.  She uses it to the best of her ability to help others.  That is [part of] the good she sees in this evil by the three officials in Mayes County.  Other good is that by their exposure Mayes County may become a little bit cleaner.  George Klatt is already gone.  That evil one is no longer in Mayes County.  I feel we have succeeded in removing one dirty spot.  We have a little more house cleaning to do and I cannot do it alone.

 

 

 

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                   “Straining gnats and swallowing camels.”  That is where we are now.  If everything is done right, the Court of Criminal Appeals will rule Justice for our innocent Marie.  It will not be necessary to proceed to the Federal Courts for Justice.  Then the “housecleaning” in Mayes County Oklahoma will be up to the residents of Mayes County.  If they want to keep their dirty Knights it is up to them.  They have only two left to sweep out if they don’t want to keep them.  Good, coming out of evil.

 

                   The first “straining of gnats” came December 16, 2005 from the Court Clerk Of the Court of Criminal Appeals.  Mentioned in the first paragraph of this chapter: 

 

Rule 1.6 non-Resident Attorneys; Recognition

 

     A.  A practicing attorney of any State, Territory, or the

           District of Columbia, not licensed to practice in

           this state, having professional business in this Court,

            may be recognized in accordance with the Rules

            Creating and Controlling the Oklahoma Bar

            Association, Ch. 1, App. 1, art 2, Section 5 of title 5.

 

      B.  Only pro se Appellants/Petitioners and licensed

            Attorneys may sign and file pleadings with the

            Clerk of this Court.  See also Rule 1.16.”

 

                   The above was on the first of 14 pages.  I re-submitted, via certified mail, and with the following reply, and a copy to Drew Edmondson, Oklahoma’s Attorney General:

 

                    

 

16 December, 2005

 

Michael S. Richie,                     

Clerk of the Appellate Courts

Room B-2 State Capitol Building

2300 N. Lincoln Boulevard

Oklahoma City, Oklahoma 73105:

 

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Enclosed is part of what was returned to me that I attempted to file in the Appellate Court for Gilda Marie Schoonover.

 

1.  She has been and is indigent.

     This can be verified is necessary.

 

2.  Her attorney that I paid quit with his tail between

     his legs because of what I wrote on the internet

      concerning his divided interests;  that being

      putting the welfare of Judge Post and Prosecutor

      Charles Ramsey as a priority over his client, Gilda

      Marie Schoonover.   I concur, that is superlative.

 

3.   The time restraints vs. Marie’s limited ability to get help

      via the Law library at Mabel Basset is a problem that

       restricts many from obtaining Justice.

 

4.   I am merely a typist.  I type what is necessary and it

      would take days, sometimes weeks, for mail to be sent

      back and forth before it can be sent to you in proper

      format which usually takes more time than you allot.

 

5.   Enclosed is a Power of Attorney which allows me to sign

      in behalf of Gilda Marie Schoonover.

 

6.   The lower courts have violated multiple Constitutional

       and State laws to obtain the illegal conviction of an

       innocent woman.  She will die in prison if Justice is

       not allowed by straining gnats and swallowing camels.

 

Please do not allow petty impediments to obstruct Justice.

 

          Respectfully,

 

                                                  John Schoonover

                                           knightsindirtyarmour.com

                               RR 1 Box 67 Cleveland Oklahoma 74020

 

 

 

                              

 

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                   One document mailed me by the Clerk of the Oklahoma Court of Criminal Appeals  is Form 13.2 Affidavit in Forma Pauperis.  Highlighted is for signature, notary, verifying a statement of prison account if incarcerated and that must be signed by a prison official. 

 

                   I, personally, can come up with the filing fee necessary for me to file the appeal.  However, there is no way that Gilda, on her own, can do this.  By the time this document is mailed to her and mailed back to me to submit as the instructions are to “Return to OCCA Online” and computers are not allowed in prisons.  Such impediments to indigent prisoners should not exist.  The time limit would expire before this could be done.  A gnat between an inmate and justice. 

 

NOTICE TO ATTORNEYS

 

                   This instruction sheet is clear; for filing by an attorney the fees are outlined well as are the number of copies; in this case an Original & 7 copies.  I will be delivering and filing the brief in person; that way I know it will be done. 

 

                   When Kevin Adams,

[ kevin@oklahomacriminallaw.com ]deserted Marie he knew she was innocent and he knew she was indigent as I had paid him my entire Social Security check and he knew my funds were exhausted.  He knew that she would be unable to proceed with the appeal.  He did not desert because of funds or hurt feelings.  He lives in the same county as Judge Post and Charles Ramsey and they are his collegues.  He advised me that George Klatt is a dangerous man and I should not press the issue of his part in this disgraceful abortion of Justice.  Kevin Adams is afraid of George Klatt as he is afraid of Judge Post and Charles Ramsey.  I can understand this.  He knows their capabilities.  Being prejudice I believe Marie is worth more than thirty pieces of silver.  But not to Kevin Adams. 

 

 

 

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                   That being said, I know there are others out there in a similar boat as Marie.     I know that there are at least three other victims of Judge Post’s perversions of Justice.  One, she simply overruled a hung jury, which that by itself is obvious “Reasonable Doubt,” and sentenced the woman to life in prison.  Our jury was deadlocked at 9-3 for well over seven hours before Judge Post ordered them to deliberate indefinitely until they were unanimous. 

                                     

                   This takes the decisions from the juries.  Why bother with juries if Judge Post is going to overrule them? 

 

                   I have not much to offer in the way of help for others.  Gilda Marie is my priority, of course.  I would like to mention the names of a few others whom I believe deserve a little help and who I will do what I can to help but I am not at liberty to post them here, except for one: John Vernon DuBiel.  Well deserving a release; he has been physically injured while attempting to defuse a volatile situation and his injury will cause him pain and disability the rest of his life.  He has promoted drug courts for first time drug offenders.  He is being wasted in prison whereas there would be no recidivism and he would be a productive member of society.  I have petitioned the courts in his behalf; John DuBiel should be released. He has more than paid his debt. 

 

                   This website is read an average of forty times a day.  Virginia has the largest viewers, followed by Pennsylvania, Canada, Florida, Oklahoma, other states and then other countries such as the Philippines, Australia and even the mid-east near Iraq.  I will renew it and keep it active and I will help others with it if I can.  Marie is not alone.

 

                   I do have limited funds but I do not ask anything.  I will make do with what I have; that being my income as a service connected disabled veteran and Social Security disability. 

 

 

 

 

 

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                   Justice is supposed to be guaranteed available by our Constitution to all, whether they have money or not.  Whether they have legal representation or not. 

 

                   I have a thousand plus names from all over the country on petitions to Oklahoma officials requesting an evidentiary hearing for Marie.  I have been told that I was wasting my time.  That the petitions will fall on deaf ears.  If this is true, it is sad indeed.

 

                   I cannot bring myself to believe that the Oklahoma Court of Criminal Appeals will sweep me under the table with Marie in favour of three corrupt officials in Mayes County.  I cannot bring myself to believe that they will Strain innocent Gnats and Swallow three dirty Camels. 

 

                   John Schoonover,

 

   freemymarie@netzero.net         freemymarie@yahoo.com

 

 

To be continued

 

 

 

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