In Memory Of:

Benjamin M. Schoonover

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The Doctors  Orders

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                                                          Knights in DirtyArmour      

                                                                                

                             "The Doctor's Orders"

 

     Our three-year-old boy, running, playing, talking on the phone with his great-grandmother.  A moment later, a simple fall on a carpeted floor.  Not even a bump on his head.  Suddenly, chances of survival are grim.  I’m called a liar by an angry physician for telling him what I saw and a vengeful grandfather … a grandfather who just promised to send me to prison for murder.

 

     What could have possibly happened to my boy to cause this?  A simple fall.

 

     Dr. Barton’s written report of his thorough examination of Ben was clear.  There were no fractures, no bruising.  There was a subdural hematoma and developing retinal hemorrhages.

 

     It was quite clear to Dr. Barton that a simple fall on a carpeted surface could not cause such an injury.  With only this erroneous, cursory information upon which to base his immature assessment, he was correct.

 

     Since Dr. Barton assumed that I was obviously lying to him, and there was no fracture, that he observed, Dr. Barton followed the guidelines of D.H.S. and hospital policy, which is to instantly assume child abuse.  To treat any childhood injury as child abuse – until it is proven otherwise, and in Dr Barton’s tired and angry mind, I was a liar.

 

     If our little Ben could not fall on carpet and cause such a subdural hematoma as he had, then what could cause it?  Shaken Baby Syndrome was Dr. Barton’s instant diagnosis.  With no recognizable fracture and no impact injury, that is all that could have caused it.

 

     With this information only, Jim Stanart was going to see to it that I went down for murder.  In his mind, John Schoonover had taken his grandson and shook him to death.  Is that even physically possible? 

 

 

 

 

 

 

 

12

 

     Only two people were at the rural residence with our three-year-old, thirty-two pound Benjamin Michael Schoonover.  Ben’s mother-to-be, Gilda Marie Schoonover, standing five feet tall and less than 100 pounds.  Jim Stanart’s ‘baby’ sister.  Gilda Marie is not physically capable of having shaken Ben with such force as to cause so much damage.  John Schoonover, brother-in-law of Jim Stanart, standing five foot ten and weighing about 180 pounds.  He was surely physically capable of shaking a child with lethal force.  And with Jim Stanart’s limited information, clouded by anger and seeing John as a liar, through eyes of vengeance he was hot for revenge, and he was going to get revenge.

 

     Marie was there in the waiting room while Dr. Barton came in and Jim had made his promise of vengeance and left.  She remained sedated and in a stupor even after we had left the hospital.

 

     I could see Jim out in the hallway greeting his two sisters, Joan Fabro and Carol Frye.  Under the chaotic circumstances, I felt it prudent to call our adoption attorney, John Crockett of Pryor, and advise him of the volatile situation and that at best it was unlikely that we would be able to conclude the scheduled signing of the adoption decree this coming week, as Ben would possibly still be in the hospital and we would need to postpone our appointment with Judge Goodpaster temporarily.  I advised him of the dialogue of Dr. Barton and Jim’s statement of vengeance.  John Crockett asked “Where is Jim now?”  I looked through the window to see Jim with his two sisters as a third party had just arrived, George Klatt.  George Klatt was the chief investigating officer for the Mayes County Sheriff.  I told Mr Crockett what I saw.

 

     “George Klatt is there?”

 

     “Yes.  He just arrived.”

 

     “Listen to me.  You and Gilda (Marie) leave that hospital now.  Don’t speak to anyone; don’t say anything.6  Leave as quickly as you can.  They are not going to let you see Ben.  Call me tomorrow before noon.”

 

     We left as ordered.

 

     At the trial prosecutor Ramsey would cry, “Ladies and gentlemen of the jury, we have a child in critical condition in the hospital.  What would you do as caring parents?  Stay by your child’s side or leave?  John and Marie left the hospital without a care in the world for their child.  We don’t know why they left.”

 

 

13

                                                                

 

     “What we do know is that they called an attorney.  Does that sound like the actions of innocent people?  Innocent people don’t rush to the phone to call an attorney.7  Loving parents don’t go off and leave their dieing child.  If that had been my child, you couldn’t drag me away from his side.”

 

     “Concerned for their child?  No.  These two murderers …  these two defendants were concerned only with themselves.  What they had done.  Their actions were actions of guilty people.  They called an attorney and abandoned their dieing child.”

 

     “We” being the orator Ramsey and the jury “don’t know”.  But Ramsey himself knew.  Because of proper disclosure and discovery,  John Crockett, as an officer of the Court, was compelled by law and did inform prosecutor Charles Ramsey that we were ordered to leave the hospital.

 

     We left as ordered.

 

     Marie and I were about an hour from the hospital when Marie started recovering from the effects of her sedation.  She asked me what had taken place and what was said in the hospital waiting room.  I told her.

 

     “Jonathan, he didn’t fall in the dining room.  He fell on the edge of the foyer.  I knelt down to pick him up.  When he didn’t answer me, I twisted around and laid him in the dining room (on the carpet) to come and get you.”

 

     The foyer has hardest commercial porcelain tile manufactured.  Harder even than the cement it was covering.

 

     Dr. Barton would not allow me to correct my error of assuming Ben lay where he had fallen.  It was as final as a lethal injection.

 

     Furthermore, Benjamin did in fact have, as later testified by Dr. Barton, Dr. Block, and Dr. Krouse, a half-inch or 12mm occipital fracture.  Dr. Barton testified it was not significant.  Dr. Block testified it was “actually not discovered until autopsy”, although the 12mm fracture at the back of Benjamin’s skull was visible on the MRI,  Dr. Barton had simply overlooked it, causing him to misdiagnose Benjamin’s injury as Shaken Baby Syndrome.

 

 

 

 

14

 

     The afternoon following Ben’s admission, the attending nurse called me.  There was a medical procedure they needed my permission to perform.  The conversation was short. 

 

     “Do what you have to do to save our boy.  He’s our only child.”

 

     The second morning, the attending nurse called us and told us we needed to come to the hospital as quickly as we could to finally get to see Ben.  We were an hour away – we were there within that hour.

 

     Almost all of Marie’s family was there – though none spoke to me, nor I to them.  I could see it in their eyes; ‘If looks could kill’.  I could not know why.  None of them exhibited compassion for our loss to come.  They knew what it was to be.  We didn’t.

 

     Ben was sleeping.  A large turban was on his head.  The monitor showed a regular heart rate and he was breathing.  He did not respond to touch or voice.  He was simply … sleeping.

 

     Dr. Barton came in the crowded room and handed me a clipboard with a form on it.

 

     “We need your permission to disconnect the life support.”

 

     “I can’t do that!  That goes against everything I believe in.  If he has even the smallest chance at life, I won’t do that.  That would make me feel like I was killing my own son – my only son.”

 

     “You might as well.  He’s already brain dead.”

 

     “What about his organs, his eyes, that others may live or see?”

 

     “Too permeated with medication to be of any value.  Hurry up, we haven’t got all day.  Go ahead and sign it.”

 

     Jim spoke, “Don’t make him suffer any longer, John”.

    

      

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