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OKLAHOMA BAR
ASSOCIATION
CHARLES
RAMSEY COMPLAINT
August
21, 2006
Subjects
of Grievance on standard GRIEVANCE FORM
One
witness listed: Nora Stanart,
ear witness to the accident
that took our Benjamin.
PROCEEDING WITH PROSECUTION
ON A
KNOWN
PERJURED PROBABLE CAUSE AFFIDAVIT
EGREGIOUS PROSECUTOR
MISCONDUCT
SUBORNING OF PERJURY
[Dr.
Philip Barton]
SUPPRESSION OF EXCULPATORY
EVIDENCE
ONE
HUNDRED EIGHTY DEGREE
MISQUOTES OF
WITNESSES
THREATENING OF
WITNESS
WITH
JAIL TIME
IF WITNESS VOLUNTEERED
EXCULPATORY EVIDENCE
CONSPIRACY WITH JUDGE POST
PRIOR TO
THE TRIAL
TO
PUBLICLY DECLARE GUILT BY
ORATING FALSE STATEMENTS
TO
TO DAN
ANDERSON OF THE
PRYOR
DAILY TIMES
DELIBERATE MALICIOUS
LIEING
Instructions on the
form:
By law, any complaint you want to make
against an attorney must be in writing and must be
signed. Our
investigation is confidential.
Our investigation is limited to the ethical and professional
conduct of the lawyer.
From the written information and documents you submit, the
office of the General Counsel may decide: A. To open an
investigation, B. To ask you to provide more information, C. To
notify you that our office can* take no action.
1
[Comment
not included in the official complaint: One may notice the word
“can” in instruction C.
It is perplexing to me that “The Oklahoma Supreme Court had
delegated to the Oklahoma Bar Association the responsibility to
investigate…” makes the word “can,” instead of “may” or “will”
inappropriate. Nothing
the Supreme Court has delegated says they “cannot” take action. It is their choice to act or, to
whitewash the stain by a fellow Bar member, as the best defense is a
good offense, attack me for exercising our First
Amendment right to expose the atrocity committed against our
American Justice system.]
Oklahoma Bar Association, ATTN
General Counsel
P.O. Box
53063, Oklahoma City, Oklahoma, 73152:
November, 1999, a Probable Cause Affidavit was given to
Prosecutor Charles Ramsey containing perjury by the author of the
affidavit, George Klatt.
George Klatt swore under oath that I, John Schoonover,
confessed to Carol Frye that I had killed Benjamin Schoonover, my
soon to be three year old adopted son. Carol Frye was to tell the
rest of the family.
This “confession” was overheard by Judy Girdner, who, on more
than one occasion, has admitted to conducting drug deals with George
Klatt and is an favoured acquaintance of Judge Post as has been
reported in the Claremore Progress.
Charles Ramsey may not have known the Probable Cause
Affidavit had been perjured by George Klatt until the bond hearing
during which Carol Frye testified under oath that John Schoonover
did not confess to killing Benjamin; that she had not spoken with
John Schoonover since the month of May, 1999. Judy Girdner testified,
under oath, that she did not overhear any such conversation at any
time. She, too, had not
conversed with John Schoonover for several months prior to our Ben’s
death October 31, 1999.
Charles Ramsey, at the conclusion of the bond hearing that
proved the Probable Cause Affidavit had been perjured, cannot now
deny knowledge of the perjury.
Charles Ramsey did not question the veracity of George Klatt
but pursued the charge of murder filed against John Schoonover and
Gilda Marie Schoonover.
The newspapers had printed and the TV media had been
broadcast that it had been reported by The Mayes County Attorney
[Charles Ramsey] that we had tortured Benjamin with a pitchfork and
beat him to death with a ball bat. That the pitchfork had been
given to the state coroner, Dr. Distefano, for examination as
evidence.
2
At the preliminary hearing and both trials the attending
staff at Mayes County Medical Center testified that thorough
examination of Benjamin revealed no bruising or other visible
injuries to Benjamin. Under cross examination by attorney Gary
Madison Dr. Philip Barton of St. Francis Hospital testified that he did not
see any bruising and did not log in his medical report any
fracture. An x-ray film
was presented that showed no fracture. Dr. Distefano testified that
during autopsy he discovered an occipital fracture 12mm in length.
So small that it was not visible on the x-ray
film.
Dr. Distefano testified outside the hearing of the jury that
he obtained all his information about the fatality from George Klatt
and that he based his opinion of homicide on this information that
he received. Dr.
Distefano was not told that Benjamin fell or the surface Benjamin
fell on; hypothesized that had Benjamin fallen backward from a piano
bench or table onto a concrete surface it would be fatal. [The surface Benjamin
fell on is actually slightly harder than concrete.] Outside of the hearing of
the jury.
At the first trial Dr. Block testified and volunteered, “The
fracture [12mm] was actually not discovered until
autopsy.”
Dr. Philip Barton testified at the first trial that ‘the
fracture he discovered’ was about 12mm in length, consistent with
Dr. Distefano’s discovery at autopsy.
Dr. Krouse testified that the finding of a child unconscious
on a concrete like surface, particularly if there was furniture in
close proximity from which the child could have fallen, would be
conclusive that such accidental fall would produce the occipital
[12mm hairline fracture] injury that caused the death our boy.
In the closing argument Charles Ramsey reminded the jury that
Even Dr. Krouse, the doctor they paid to come up here from Texas
said there was no way this injury could be accidental. There are other mis-quotes
of other witnesses but this single one alone, as egregious as it is,
constitutes Prosecutor Misconduct and warrants reversal in many
courts’ opinions.
3
The conviction was overturned by the OCCA on other “Due
Process” constitution violations by Prosecutor Ramsey. Specifically, changing
the charge after the closing arguments, thus instructing the jury to
vote on a charge not tried.
Charles Ramsey also had to have known that Juror Curtis
Nickels, whom the transcripts show, lied when being asked about his
conversations with prosecution witnesses, [actually in the cattle
business with two of the witnesses] was a partner of George Klatt as
often as the two were together in the Sheriff’s office and other
places…they were together when they displayed “gruesome photographs”
of Benjamin to employees of the Adair Lumber yard, and it could just
be a coincidence that Nickels’ brother was released from jail for
mysterious reasons following our conviction. But OCCA did not rule on
“Juror Misconduct.”
Curtis Nickels, by the way, was also present at the second
trial, and seen “hanging out” with the jurors.
At the second trial the fracture that did not exist until
autopsy had multiplied and grown. They had also been moved to
the top of the head.
Dr. Barton testified to one being 2” [48mm] in length. This would be consistent
with someone striking down on Benjamin with a ball bat as Charles
Ramsey had publicized. They had also “stopped the clock” by 45
minutes the evening of the accident.
There is sufficient testimony in both trials to show that
Benjamin was fine during his conversation with Nora Stanart, within
minutes after 1830 hours that was prior to the allegedly unwitnessed
injury. “Allegedly”
because the accident was actually “ear witnessed” by Nora Stanart as
was our response to the fall and departure to the hospital. Nora Stanart’s testimony
concerning what she actually heard with her own ear was suppressed
by Charles Ramsey; she advises me she was threatened with jail if
she volunteered the exculpatory testimony. Our residence was nineteen
miles from the hospital.
Records show our arrival at exactly 1900 hours. There could not be any forty
five minute delay for us to “Change his clothes and do other things
and letting our boy lay suffering with his brains gushing out the
top of his head for 45 minutes before we decide to take him to the
hospital.”
To confirm no delay is the testimony of the examining
physicians that Benjamin’s eyes were symmetrical with no retinal
hemorrhages at admission.
4
Enclosed is the “Motion To Exhume The Truth” that is filed
with the District Court of Mayes County as an exhibit. I have filed a Judicial
Complaint against Judge Post for her unethical misconduct in this
matter.
Charles Ramsey should have held an evidentiary hearing when
he discovered at the Bond Hearing that George Klatt submitted to him
a Perjured Probable Cause Affidavit. Charles Ramsey should have
agreed for the asked evidentiary hearing prior to the second
trial. Instead, he
elected to follow the evil path set by his perjuring friend George
Klatt. He proceeded with false Information, with a juror he had to
have known was an associate of prosecution witnesses, misquoted Dr.
Krouse egregiously [the same way at both trials], and it blatantly
appears that as he was not happy with Dr. Barton’s first testimony
of reporting no fractures, to
have that changed to a two inch fracture, and then changed to
multiple fractures and moved to the top of Benjamin’s head so he
could lament to the jury that Benjamin’s brains were “gushing out
the top of his head” for forty five minutes, which would be
impossible on three counts:
There is not 45 minutes between 1835 and 1900 hours and there
were no visible injuries [testimony from witnesses at Mayes County
Medical Center] and common sense tells one that no one can live for
45 minutes, much less two days, with their head “busted open” and
their “brains squishing and gushing out the top” of their head.
He had the Judge in the palm of his hand; even prior to the
trial in leading her to publicly violate Murchison to the Pryor
Daily Times {see S.Ct:
In re Murchison 349 U.S. 133 [1955] that a Judge posses neither actual or
apparent bias} as is illustrated by the
newspaper article [enclosed exhibit] which also shows the creation
of bruises where there were none as the DHS report to the Tulsa
Daily World [enclosed exhibit] stipulates no bruises.
Finally, the same constitutional violation he committed in
the first trial he committed in the second; though it was sua-sponte
by the Judge he admitted he had planned the same, exacerbated by the
expiration of the Oklahoma Statute of Limitations in charging me
with a crime not tried, following closing arguments, past the
Statute of Limitations, to send me to prison where I remained until
the OCCA overturned the conviction on his Oklahoma Constitution and
Federal Constitution violations.
5
No crime was ever committed by Gilda Marie Schoonover or
myself. The jury was
told in a most poignant manner, along with pantomime, of a tortured
child, having been beaten in the top of the head, resulting
in multiple fractures, where no accidental fracture could occur, and
left to suffer for 45 minutes with his brains “Bulging, squishing
and gushing” out the top of his head while we plotted what to do to
“cover up the murder of this innocent child.”
The result at present is an innocent woman rotting in the
prison Ramsey condemned her to die in.
I was standing behind Ramsey and Gerald Hilsher during a
break in the first trial.
He told Gerald: “I haven’t a clue to what actually happened
in that house.”
So he conjured the gruesome story as any good fiction writer
could. He manipulated
Judge Post to suppress exculpatory evidence and coached Dr. Barton
to change his testimony from finding no fracture to pointing out
multiple fractures where there are none. That Dr. Barton did this
under oath for Charles Ramsey I would call it suborning
perjury. Perjury is an
acceptable practice for Charles Ramsey; viz the embraced Perjured
Probable Cause Affidavit.
Why Dr. Barton would agree to testify falsely is
speculation. We were
told at Benjamin’s funeral by the parents of another child who was
lost because Dr. Barton mis-diagnosed and prescribed a fatal
medication for their child, at St. Francis Hospital. Perhaps he owed a
favour.
“Winning at all costs” is a far cry from a County
Attorney
representing the People to seek Justice. Bobby Fisher shamed the
chess community with his perversion of the rules to “win at all
costs” when he took the title from Boris Spassky in 1972. We don’t need that kind of
perversion in our judicial system. It is a far cry from
honourable.
Respectfully
submitted,
John Schoonover U.S.N. Ret.
RR 1 Box
67 Cleveland Oklahoma
{To be
posted on the website judicialjackasses.com}
6
The Facts
Oklahoma Bar Association, September
21, 2006
Mike Speegle, Oklahoma Bar
Association:
Re: Grievance against
Charles Allen Ramsey, IC 06-817
Addendum pursuant to
your letter of September 14.
The facts are, laconically, as
follows:
A fatal accident occurred
about thirty five minutes into the evening of October 29, 1999. It was not visually
witnessed by anyone, only ear witnessed by
two.
Marie was in the kitchen. She ran through the dining
room to the foyer where she found our boy having what appeared to be
seizure activity on the ceramic tile [over cement] floor adjacent to
the dining room. She
kneeled down, picked our boy up and getting no response twisted her
still kneeling body to lay him on the carpet in the dining
room. She immediately
went to the front door and opened it and hollered for me.
When I entered the house I
could see Benjamin prone on the carpet in the dining room having
what appeared to me to be having an epileptic seizure. I have witnessed seizures
before.
This was an emergency
situation and we did not pause to have any discussions. Immediate action was
required and action is what I took; along with control of the
situation. We were in
the hospital 19 miles away in as many minutes.
Marie talked with the nurses
in the hospital; apparently telling them what she found, that
Benjamin had fallen on a cement hard floor. She was in a state of
hysteria. I was
stoic.
I remained in the emergency
room assisting how I could.
All reports concerning the
physical status of Benjamin was that his eyes were symmetrical upon
entry and there was no bruising or visible signs of any
injury. His
posturing indicated inter cranial dysfunction and during our period
at the Mayes County hospital one of his
eyes began to show signs of elevating inter cranial pressure.
1
Benjamin was transported via
helicopter from the Pryor hospital to St. Francis hospital in
Tulsa. It is probable that the
negative pressure from the elevation of the helicopter plus the
vibration from the rotors exacerbated the problem of internal
pressure but this is not an issue. The flight was
necessary.
Doctor Fell spoke to both of
us at the hospital following his operation on Benjamin. His first words: “Were
either of you two on drugs or alcohol when this boy was conceived;
this appears to be drug related.”
I answered, “His mother was,
we know nothing about the father.”
That ended our
conversation. Dr. Fell
did, however, prescribe Valium for Marie as she was still
hysterical. I was/am
stoic.
In PICU Dr.
Philip Barton came in the room and he was angry. Marie was under the
influence of the valium and when Dr. Barton demanded to know what
happened I told him all that I knew, as I did not know that Marie
had moved Benjamin: “He
fell,” “he fell on
thick carpet.” Dr.
Barton barked, “You’re lying to me” and turned and walked out.
Jim Stanart, Benjamin’s
grandfather, there and then leaned over to me and promised, “If my
boy dies I’ll do everything I can to see to it that you go down for
murder.”
From this came the Probable
Cause Affidavit sworn to by George Klatt that I had confessed to
killing Benjamin to Carol Frye and was overheard by Judy
Girdner.
At the bond hearing these two
women testified that I not only did not make any such confession but
that neither had even spoken with me in excess of a few months
time.
The newspapers, however, had
reported the ‘confession’ and the released information was telecast
that I had tortured Benjamin with a pitchfork and that I had beaten
him to death with a ball bat.
I had been tried and convicted the day of the
arrest.
Charles Ramsey was faced with
a dilemma: He had two
innocent people in jail on a Perjured Probable Cause Affidavit
charged with a publicized heinous crime that did not exist.
2
“Their stories did not
match.” Of course
not. Marie found Ben on
cement; John said he fell on carpet. John did not learn of Ben
being moved until after the prescribed Valium wore off!
Valerie Milliken [aka Perkins]
perjured for Charles Ramsey at the first trial stating that “Marie
was out feeding the chickens and John was in the house with Benjamin
when the incident happened.”
She stated that Marie came to her house and told her all
about it before we took Benjamin to the hospital.
That, of course, is simply not
possible. No one
questioned that she had several outstanding warrants from Florida, Louisiana and local, one of which
was criminal impersonation.
She was not to be arrested. She owed a favour. I kept copies.
Charles Ramsey repeated her
testimony as fact to the jury that I was with Benjamin….he knew her
testimony was false.
Defense attorneys pointed out
to Judge Post that he misquoted witnesses 180 degrees from the
truth. Judge post asked
him if he misquoted witnesses and Mr. Ramsey replied, “I don’t
believe I misquoted anyone, Judge.” If this was not a deliberate
lie then it was the result of a memory failing to remember the truth
of what was actually testified or what he had done. I do not believe his memory
is defective; Judge Post blindly took him at his word.
Due to him changing the
charges following the first trial the convictions were
overturned.
When Benjamin is exhumed it
will be clear that there are no fractures anywhere other than an
alleged hairline left occipital measuring less than 12mm in length,
that was “Actually discovered at autopsy” because Dr. Barton never
‘originally’ saw any at all.
Dr. Barton
committed perjury when he testified for Charles Ramsey to finding
multiple fractures and when he denied calling me a liar.
It will be clear that
Benjamin’s brains could not possibly have been bulging, squishing
and gushing out the top of his head for even a second, much less 45
minutes as Charles Ramsey poignantly lamented in pantomime. Nine jurors did not buy his
performance. Without
his unrebutable dramatic closing argument there would not have been
the conviction that Charles Ramsey needed at all costs; Justice be
damned. It is of no
concern that he has sent an innocent woman to prison to die when no
crime was committed by either defendant.
3
This is not the magnitude of
Watergate, but is more important because of an innocent life taken
for the sake of a smiling photo in the local paper with the caption
“I won.” Bobby Fisher
won, too, and his, like this, was a far cry from an honourable
‘win.’ We cannot
allow this miscarriage of Justice to be swept under any carpet.
Every day that passes the
stakes become higher.
In March of this year a Tulsa jury awarded Arvin McGee $1
million for every year he was wrongfully convicted as Marie and I
have been. Charles
Ramsey already faces “Schoonover did not commit the crime and could
not be charged with it” as handed down by the OCCA after I was
wasted for four years in prison. The math should not be
difficult.
In May of this year Judge Post
handed down a 25 year sentence and a 15 year sentence of
imprisonment for one found guilty [questionable validity] of simple
Embezzlement. No one
was injured by the accused.
Assuming validity of the conviction and sentence, what should
be the sentence for one “kidnapping and torturing” an innocent
person for five years under the cloak of justice starting with a
confirmed Perjured Probable Cause Affidavit? Two innocent
people?
We must hold our officials
accountable for their actions.
No, they won’t pay; the Mayes County residents Ramsey
represents will foot the bill for their prosecutor’s criminal
irresponsibility and though the tax increase will be small for each
individual, the majority will remember it at election time. Removal from office is a
small price to pay for the wanton cruel and unusual destruction of
human lives.
I do not want vengeance. All I am seeking is Justice
according to the Law.
Justice for all.
And a cleaner Mayes County.
Isn’t that what all courageous
men of honor would want?
Respectfully,
John
Schoonover
RR
1 Box
67 Cleveland Oklahoma
74020
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