An
Open Letter to Judge Mathew D. Henry
Of
Pawnee County Oklahoma
An Exercise
of First Amendment Rights
May 12,
2007
Mid
November of last year my only child; my only son, Elan Lee
Montgomery Schoonover, at the tender age of five months, managed
to roll over a pillow and off my bed onto the floor as I stepped
into the adjacent room for less than half a minute to get his late
evening bottle. He
cried but for a moment; ceasing when I coddled him. I laid him back on my bed
and he took his bottle, going to sleep as usual before finishing
it and slept by my side through the night; turning over twice in
his sleep.
The next
morning he greeted me with his usual smile but cried when I picked
him up and checked his arm.
Indication to me that I should take him for medical
attention because his arm had been previously injured during birth
and as a doting father I wanted to make sure nothing serious was
wrong and what I needed to do, if anything, for my
son.
DHS’ Mikah
McCray greets me at the hospital with an “Emergency Protective
Order” signed by you!
Thus ending
a happy family of Father and Son. Thus ending the excellent
care with volumes of love this Father has given his only son. It would be months before
Elan would smile again.
Look at the pictures on page 40! That is the result of your
signature! The
pictures don’t lie!
I pleaded
with you to return my son; I pleaded to deaf ears.
After five
months of excellent care that you ignore you nit-pick at a single
isolated unanticipated minor accident and give Mikah McCray Carte
Blanche to take my child from me at the Cleveland hospital and
rush him to the OSU clinic in Tulsa for confirmation of a suspected fracture of his
right humerus where I am not even allowed to see my
son.
That
examination at OSU is suppressed; Mikah McCray gets a ‘second’
opinion from a physician at the {sic} “Justice
Center” six
days later where she claims “suspected child physical abuse” and
states prior “Confirmed physical abuse” on the forms. NO HEALTH HISTORY IS
GIVEN. Why? Only the
‘second hand report’ from a non-witness was wanted. The minor
injury had apparently completely healed as no medications were
required. Then “Bull
Shit” charges [adjective credited to opinions of attorneys] are
filed that I maliciously broke Elan Wheeler’s arm.
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Why is
there no mention of the medical report from OSU in the
Information?
February I
go to the OSU
Medical Center in Tulsa to find out. OSU does not want to give
Elan Wheeler’s record to me because Mikah McCray has
reported to them that he is fatherless. Their records, created by
Mikah McCray show Mikah McCray as his only contact. I produce his birth
certificate and identification that clearly shows Elan is NOT a
“Wheeler,” not an orphan, but a Schoonover and that I am his
Natural Father. OSU
gives me the original November records: “No fractures, no
bruising.”
I write in
my website of this and publish the hospital records with the
comment, “Now
that you know the truth, Mr. Robertson, what are you going to do
with it?”
I was
told that his jaw dropped when Jon Carter showed
him Mikah McCray’s deception. It blows the Hell out of
his accusation that I “willfully and Maliciously broke Elan
Wheeler’s arm.”
As the
County Attorney has unlimited funds
and a great deal of influence he did the only thing he could to
avoid admitting a mistake but save face.
The records
of my son’s examination, that had been signed by four physicians,
showing no fractures or bruising in November 2006, that I obtained
in February and posted on my web site was “amended” in March 2007
to reflect a fracture that was not originally seen upon the
original thorough examination. The records have been
amended in March to conform to Mr. Robertson’s rash December
charge.
It is not a
new twist among prosecutors to make evidence to fit the
charge. And, of
course, you bought it.
Will a jury?
One will have to find twelve idiots in Pawnee
County for
that!
You heard
me ask Mikah McCray on the stand while she was under oath if any of the three
physicians that examined my son November 15 would state his
accidental injury was inflicted and her response was in the
negative.
You still
refused to allow me to have my son back home where he
belongs
There is
something that is causing your extreme prejudice as it is not
rational for a judge to see a child that has been given excellent
care for five months, with a one time only minor accident, and
that minor injury being properly tended to, and healed, and based
on that 20 second minor accident, declare my son a “Deprived
Child.”
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You have
appointed Patrick Pickrell and Teri Hughes to seek out any and all
dirt they can excavate about me. Ignore the contemporary
five months of excellent loving care. Dig over forty seven years
in the past. Anything
to justify your decision to declare my son a “Deprived
Child.” They
found something. Does
not matter the source and inaccuracy. Does not matter if it is
true or not. Does not
matter that it comes from alcoholics drug addicts or
psychotics. Does not
matter that it is 40-50 years old. They found for you old
vitriolic reports you wanted to justify your actions.
You totally
ignore all of the positive contemporary reports from
anyone and everyone who has seen me with my son, my son with
me. They don’t
justify your decision to tear us apart. That shows prejudice. Extreme prejudice that has
resulted in a genuinely “Deprived Child” and that is cruel. My son never experienced any
bruises, facial or otherwise, before you let Mikah
McCray take him from me and put him in her foster care.
I should
not have to put up a defense for anything that may or may not have
happened forty plus years ago. I am not going to. I will just state that “as
a child I acted as a child.”
With the ignorance of a child I made childish
mistakes. I am no
longer that child but a mature responsible septuagenarian well trained in the care
of others’ children.
I can very well take care of my own. Unless I am again
railroaded to prison to die on another false
charge.
You also
seem to be incapable of dismissing from your mind the events
surrounding Benjamin Michael Stanart Schoonover that Mikah McCray
flaunts. The
following ad listing the applicable statute follows. Bear in mind the fact that
there were two convictions and two reversals by the
Oklahoma Court of Criminal Appeals and both are eligibility
applicable to me now as the Court of Criminal Appeals ruled,
“Schoonover has not committed the crime …and could not be
charged with it.”
Four years taken out of my life by a lawless lower
court. Six years
taken from my wife…by a prejudice Judge Post in Mayes
County and
prosecutor Charles Ramsey who pursued the case on a known perjured
probable cause affidavit and suppressed exculpatory evidence. Judge Dynda Post declared
publicly to the Pryor Daily Times that Benjamin was “The murder
victim” before the trial.
That may help you understand the definition of the word
“prejudice” when no crime was committed. A pending Habeas is before
the Northern District for my wife with the first ground being
“Absolute Innocence.”
Shy the exhibits the draft is published on this web
site.
Kent
Morlan
406
South Boulder, Suite
450918-582-5544
Kent@MoreLaw.Com
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(2) in the case of judicial relief, a court
of competent jurisdiction found by clear and convincing evidence
that the offense for which the individual was convicted, sentenced
and imprisoned, including any lesser included offenses, was not
committed by the individual and issued an order vacating,
dismissing or reversing the conviction and sentence and providing
that no further proceedings can be or will be held against the
individual on any facts and circumstances alleged in the
proceedings which had resulted in the
conviction.
4. The total liability of the state and its
political subdivisions on any claim within the scope of The
Governmental Tort Claims Act arising out of wrongful criminal
felony conviction resulting in imprisonment shall not exceed One
Hundred Seventy-five Thousand Dollars ($175,000.00).
---------------------------------------------------------------------------------
Two illegal
convictions, two reversals.
What are the chances of that?
I have all
the confidence in the world that the Habeas filed in the Northern
District will bring Justice to my wife, as well. She played no part in the
accident that took our Benjamin’s life. I am confident that had
our floor not been on a concrete slab his fall would not have been
life threatening.
This factor plays a significant part in Elan’s
rearing: I will not
raise him on a concrete slab. Of 50+ deaths from short
distance falls I have found only one that was on an oak floor…in
Idaho
Falls. She was standing on a
high-back dining room chair that went over backwards.
You have a
CASA report by Teri Hughes.
Her primary concern is not seeking truth, but slinging irrelevant
mud. Her first
paragraph she preaches to you that I have been the subject of
“confirmed child beating” in May, of 1999. Am I allowed to call her a
malicious liar? You
certainly haven’t bothered to ask me if this was true or not! October, 1999. She fails to mention that
Dawn Carson was fired for this false accusation after I produced a
video of her interview.
She is obsessed with things that happened in my childhood
and interjects more fiction than J. R. R. Tolken. Do you ask me about it to
confirm or deny? “In
1959 he attempted suicide
in jail by making 12 jagged cuts to his arm.” I love that one. Would you like to see my
arms? It didn’t
happen! Patrick
Pickerill seems interested only in things over forty years
old! Is this in the
best interest of Elan? CASA [Teri Hughes] “is concerned with Mr.
Schoonover’s violent past.”
CASA [Teri Hughes] “is concerned with Mr. Schoonover’s
statement that he always carries a gun but does not possess a
permit to do so.” I
never made any such statement. Period.
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CASA [Teri
Hughes] is not happy with the 11/15/2006 radiologist report from TRMC that is clear
and positive: “No evidence of fracture or dislocation identified”
so convinces them on 03/09.2007 to “amend” by including Images
taken November 28
from another source “consistent with fracture" ... I have
littie doubt the prosecutor appreciates this effort of Teri Hughes
to assist in creating evidence to fit the
charge.
Teri Hughes
has also submitted to you 13 pages of newspaper articles, many of
which are not dated, many of which have nothing to do with me and
all are so old that you could not read when they were printed…if
you were even born then!
Some could be credited to the writings of Isaac Asimov as
they are his type of fiction.
Mr.
Schoonover is concerned with Teri Hughes’ vast education &
experience: 40 hours
of initial CASA Training!
She thinks I need a psychological
evaluation?
I will
state in this letter only this about my arrest and all that
followed concerning Benjamin: April 3 of this year,
2007, due to my efforts alone, a transcript of the Bond Hearing
held December 9, 1999 was filed in Mayes
County. In it is the
admission by Prosecutor Charles Ramsey that he knew the
Probable Cause Affidavit to secure my arrest contained perjury of
a critical nature by George Klatt. It is this perjury that
sent me to prison for four years and has kept my wife in prison
another two. I need
not cite to you:
U.S. v. Alverez 127 F3d 372 {5th Circuit
1997} “a warrant affidavit containing a false statement in
reckless disregard for truth, must bring about a reversal of
conviction from the poison, illegal arrest which cannot be
cured.” Do you
support poison in Pawnee County?
Teri Hughes
does not elucidate the reason I was dismissed, so I quote from
the “NOT FOR
PUBLICATION” OCCA opinion of “Common sense…Schoonover has not
committed and could not have been charged with the
crime…” and that
is certainly of greater gravity applicable to absolute
innocence than any not guilty jury verdict.
Benjamin
and I had bonded as one.
Elan and I are
one. Elan, in my
care, will never have the opportunity to fall on concrete.
My wife and
I have lost far too much via the infection of judicial
corruption. Our
losing Benjamin was devastation in and of itself.
Elan is my
last chance for me to live beyond my grave. It is nothing short of
deprivation and cruelty to both of us to perpetuate this unjust
separation.
Especially over a minor accident of such insignificance
that has long since healed and could not happen again.
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My son’s arm was not
“broken.” I could
tell that just by feel.
But it hurt him when I manipulated it and this doting
father wanted to know why.
Had I not been doting, but just patient, his minor ‘hurt’
would have gone away…naturally…at home…as it should have…and my
son would have never lost his radiant demeanor that
you helped Mikah McCray steal from him. That cruelty should have
never been inflicted on my son.
Many
righteous professing
Christians have made an issue of the fact that my son was
conceived out of wedlock.
The original plan was to go to a clinic…which would have
been “politically acceptable.” These judgmental
Christians that condemn the planned act that created my son
condemn no less God’s sanction of Abraham, Hagar and Ishmael. The only germane
difference is that Sarah could and did later conceive; my wife
cannot and even if she could, diabetes is something Abraham did
not contract and that has rendered my son Elan the last of my
blood, period and you've stolen him from me.
There has
been no cause to show why my son should not have been returned to
his natural biological father.
I am not an
“ex con” as there has not been a legal conviction. But I have been imprisoned
illegally four years.
My prison records reflect that I was stoic, well adjusted,
excellent psychological evaluations and outstanding performance in
my duties … and this is within the worst living conditions
possible crowded in with convicted rapists, murderers, child
abusers, the worst of misfits in the country. I voluntarily taught the
classes Mikah McCray claims I need. I learned years ago not to
have anger. That negates necessity to
learn management of
what one does not possess.
I did
refuse the religion based “Thinking For A Change” program because
I like who I am. "If
it ain’t broke, don’t fix it." I was one of the rare
‘innocent convicts’ as evidenced by the decision of the OCCA.
I have
submitted to a physical as requested by Teri Hughes. Performed by Veterans
Administration physicians.
I am scheduled, also at her insistence, a psychological
evaluation. Again,
with Veterans Administration physicians. If you do not value
their opinion it shows what you think of the qualifications of the
best medical service in the country that takes care of your
protectors who have fallen in Service.
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