In Memory Of:

Benjamin M. Schoonover

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The Oklahoma  Court  of   Criminal Appeals

 

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          April, 16 2006

AN OPEN LETTER TO

JUDGE CHARLES JOHNSON, JUDGE ARLENE JOHNSON, JUDGE CHARLES CHAPEL, JUDGE GARY LUMPKIN and JUDGE DAVID LEWIS

Of the Oklahoma Court of Criminal Appeals:

 

Somewhere I have been taught that the Courts are open to every man, woman and child in this United States.  Somewhere I have been taught that every Judge swears on oath to protect the Constitution of our United States.  That “somewhere” was in the Springdale Grade School on East Pine Street in Tulsa Oklahoma.  Taught by teachers long since dead; it would appear their idealistic teachings of honor and patriotism of some of our officials have been buried with them.  I was happy to follow my three brothers and enlist in our great U.S. Navy when I became of age to be a small part of those who protect us from foreign enemies.  I don’t remember being taught about the “Enemy Within.” 

 

Knights in Dirty Armour.  Some less eloquent call such with terms  “Dirty Cops.”  “Dirty Prosecutors.”  “Crooked Attorneys.”  “Dirty Judges.” 

 

Fortunately for us all there are few in the ranks that meet these qualifications.  Judge Thomas of Creek County is an mild example; playing with sex toys while setting on the Bench. 

 

I have been told that 10% of any organization meet the qualifications of being a rotten apple.  Janet Reno ‘confirmed’ this statement when she referred, April 15, 2005, to “10% Wrongfully Convicted.”  I still have a recording of that lecture in Tulsa.  Before our Marie was convicted I would have believed the percentage would have been closer to 5%, but then I am an optimist.  I would have certainly thought that less than 1% in prison; lets make that .1%, were Factually and Actually Innocent!

You have convinced me that I am dead wrong.  Janet Reno is far closer to correct.  And I am not taking into consideration Waco, Ruby Ridge, Leonard Peltier or Sacco & Vanzetti.  The truth cannot remain buried.

 

As long as I am alive and able to type I will not allow it to be buried!

 

 

 

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Our Marie is in a cage in the world’s largest women’s prison.  Oklahoma should be proud of its status of having the highest population of women prisoners in the world.   Arlene, you should see an obvious disparity here; you are only one of five!  Are you {and David} merely “tokens”?

 

Our Marie has terrible penmanship, she is a poor speller, her grammar is frequently less than adequate and her attorney, Kevin Adams, run with his tail between his legs when I insisted he use Egregious Prosecutor Misconduct and Judicial Indiscretion in her appeal.  He proposed to me that I sign a perjured document perverting Justice that I killed Benjamin to guarantee you would release her. Marie is without funds and, one thing the public does not know, that she is, as are all prisoners, limited to having in her possession one [1] cubic foot of paperwork.  She cannot have volumes of case law, she cannot have daily access to a law library [which, by the way, is significantly inadequate] and this presents somewhat of a handicap in her quest for Justice in your Court or any court, for that matter.  Inmates need outmates help. 

 

You have exacerbated her handicap with one of your “rules” that clearly, on the surface, circumvents the “Power Of Attorney” law that is older than our nation.  Do you need to have me recite the definition according to Black’s Law?  Absolutely does not have to be an attorney.”! “Perform any legal function or task which the principal has a legal right to do for him/herself.” “Act on behalf of the principal or

Signer in any legal circumstance”!

 

 You have no legal authority to dishonor my signature for my wife.  Your predecessors Judge Nix and Judge Busey honored the legal document of “Power of Attorney” in a case in 1963.  It was honored by the S.Ct. R.E.Lee v. U.S. in 1889.  Your Court Clerk honored it when I filed the documents for my wife January 3, 2006 and it is honored throughout the state in every County Court House.  Even Judge Post honored it! The State, Drew Edmondson, did not object to it nor object to the appeal in any other way.  Period.  He knows the truth.  Did you read the appeal and see what a can of worms it is to Mayes County and then seek for 101 days some “technicality” that you feel allows you to escape your duty to uphold the Law?   

 

You do have legal authority and obligation to administer Law and Justice.  You cannot administer Justice if you refuse to hear a case because an ‘i’ is not dotted or a word is misspelled or when you may be afraid it will expose those of your own kind in the lower courts of being less than honorable servants of the Law.  You cannot strain gnats and swallow camels.  You cannot assume that all lower courts and prosecutors are honorable. 

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Want examples?  Creek County’s Judge Thompson and Tulsa’s prosecutor David Hall; Oklahoma’s only Governor to be impeached for felonious activities. 

 

Judge Post has taken great strides and done a significant good in her quest to prevent child abuse.  This does not give her the right to send an innocent woman to prison to die with your blessing.  To allow evil to triumph, good people need do nothing.

 

You do great feats and are deserving of respect.  When you overturned me due to Judge Post’s gross abuse of our laws you should have known Justice was not her primary concern; that alone should have given you suspicions of her improprieties in other cases.  Particularly this one.  Prosecutor Misconduct, also, of equally egregious magnitude, is obvious in my chapter “Impeachment.”  It is rampant throughout the trial.  But Charles Ramsey was after me, not Marie.  She is just his scapegoat.

 

There are those who think I killed Benjamin. Kevin Adams thinks I did because of my stoicism.  I do not care what people ‘think’ about me.  I do care that my innocent wife has been denied access to Justice because she is caged and had the inability to timely personally sign her Pro-Se plea for Justice in your Court.  That is why the “Power Of Attorney” law was created.  Is she truly handicapped?  She has been out of her medications for her stroke for two weeks as of this writing.  Request after request has been ignored.  Do you think I will simply “go away” if she dies?  Unless I have another stroke or fatal infarction or am assassinated I will not go away.  Nor will I cower in my goal to obtain Justice; if not in your Court, then next step to the Northern District Court in Tulsa.

 

Hate me if you will for my arrogance and fortitude; I do not care.  Hate Injustice, as well.  Don’t strain harmless gnats to swallow camels spitting disease and Injustice.   

 

You were not formulated by the Constitutions Convention in 1907 to nitpick phantom technicalities or protect the criminal element.  Your job is to uphold our Constitution and protect ‘Janet Reno’s’ ten percent of falsely accused and Wrongfully Convicted from the incompetent and criminal element we don’t need or want in our lower courts.  Do your job!

It is your legal obligation and should as well be your moral obligation.

 

Respectfully,

  

John Schoonover     RR 1 Box 67, Cleveland, Oklahoma, 74020

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