In Memory Of:

Benjamin M. Schoonover

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   Truth Ignored

 

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                                 Knights in Dirty Armour

                                                " Truth Ignored "

                                 

 

 

Mr. James T. Rowan had asked for a mistrial. It had been denied as he did not have, when he had asked, caselaw and argument at hand when Judge Post had asked him if he had it. His response was, “Not at the moment, Judge.”

He did have it at the sentencing stage and was prepared to submit it and asked again if she would “Hear argument on that?”

Judge Post was not concerned with allowing any defense, she simply stated, “No, the Motion has been overruled.”

To the bitter end James T. Rowan was gagged by Judge Post. Not only was he not allowed to present a defense he had been threatened several times during the trial with censureship if he did not cease and desist. Marie might as well not had any attorney at all. Judge Post was a “one person lynch mob.”

Marie was finally, as required by one law that Post did honour, allowed to address the Court as all condemned are allowed “last (in this case only) words,” the:

 

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SENTENCING STATEMENTS

of

Gilda Marie Schoonover

 

“When I married John I was the happiest that I had ever been in my life. Then, we were blessed with our son on January 17th, 1999, which made our family complete. Praise God for that blessed day. I had prayed for twenty-eight years for my own child when we got Ben.

I had helped raise my brother’s two children, Paula and Tracy Don. Paula from age three is now thirty-six. Tracy since a baby is now thirty- her mother has been there for both trials and today in the courtroom, also Tracy is present.

Their mother, Carolyn, has been an ex-sister-in-law for twenty-eight years now. There is still a lot of love between us as sisters. I am still very close to her and her children. Those two children were the closest I had to my own until John and I got our own son, Ben.

The dream was complete. A wonderful home and family with a husband who loved me, a beautiful son who said ‘I love you mommy and daddy’ everyday; ‘mommy’ what a wonderful word. I lived for that.

We were a very complete family with everything a woman could ever imagine. We were the happiest of families. We enjoyed every moment of everyday together. There was nothing but love in our family. The three of us bonding together made us a complete family, no jealousy on our part.

I guess you could say there was a lot of jealousy over our family, only by my family, not with John, Ben nor I; only love there. The rest of the family didn’t want us to have our son. They didn’t like John.

Wade and Lisa Farbro, my sister Joan’s son, wanted our son. They were given one thousand dollars to get an attorney to take Ben away from us. They filed a lot of false child abuse charges against us; which were proved false and were all dropped. We have the release papers.

 

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Then, a counter-adoption was filed by them in Mayes County before Judge Dean who gave our son back to us, because all was proved that we were not abusive parents but good parents.

Besides Wade and Lisa, like a lot of other family members on my side, only saw us one time with our son. That was Mother’s Day 1999, when there were eighty people present, very few saw us three times with our son in ten and a half months.

My brother, Ben’s grandparents, saw us on several occasions with our son. My parents saw us three times a week with our son.

We also did gun shows three days a week with a gun dealer, Sheldon Handleman, from Claremore.

You, Judge Pose, in 1989, took my step grandson Robert away from an abusive mother right here in Mayes County. I testified for my step son that the grandfather and I had been married a year at that time and we had the baby that year. He was a year old when I married his grandfather, Wayne Gay. Two years old when you gave us custody and we had him at our home and at the feed store and he was nine years old when Wayne and my marriage ended. Robert frequently called begging Grandma to come back. I did go back just to see Robert on several occasions. We spent quality time together. I loved John dearly at that time, and I still do. I could not go back to stay.

John and I took our son Ben on vacations. We went to Omaha’s Henry Doorly Zoo the Monday after Mother’s Day for five days. The false accusations of child abuse were filed at this time. We found out when we got home; waited until that ordeal was all over with before we left again.

The middle of June to the middle of July we went to Hayes, Kansas to the Dinosaur Museum, then Yellowstone National Park, and Estes Park. And, Oh, yes, the train ride through the royal Gorge that Ben never stopped talking about.

So we bought a cruise to the Bahamas to spend four days there. We wanted to see how Ben liked the ship ride since he loved the train ride. We planned to show him the world.

We were all so happy together. We have lots of photos and videos, the wonderful memories of our happy family together that no one can take away from us. We never made it, no cruise. Our dreams were shattered on October 29, 1999, our son had his accident while playing that took his life from us. We lost him. We lost it all, including our life, from all the lies and no investigation done. A parent’s worst nightmare had just begun.

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We have even lost each other so far for two years and two months, but not our love for each other or our son.

We can’t have our son back, but we wish we could. But, with God’s help and your help we can have our lives back together, John and I.

Please don’t let me lose him, too. He is the only man I ever truly loved. John, also, is a wonderful, caring and compassionate dad.

We did not kill our son. We were a happy family. God is the only one who knows what happened to our son. God knows the truth.

I wish I could tell you what happened, because I have never lied and I don’t intend to start now. If I knew, I would tell the truth. I really don’t know what happened that night to our son.

We don’t have to answer to God for what we have been accused of, but the ones who have borne false witness against us will have to answer to God seventy times seven times.

I will never tell anything but the truth, so help me God. I am an evangelist and God is using me for a reason, as God has a purpose for everything that happens. We will never give up this fight against our enemies until we win or we die trying.

I forgive my enemies for bearing false witnesses against me. May God bless them and keep them.

Even Jesus was innocent but was persecuted, yet he loved.

When God gives you an open door no man can shut it. And, if God be for you, who can be against you?

 

- Gilda Marie Schoonover

 

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SENTENCING STATEMENTS

by

John Schoonover

I was standing behind Mr Ramsey when he told Gerald Hilsher, “I haven’t a clue to what actually happened in that house.”

What actually happened is no secret. The weather had just ended on TV with a frost predicted, and to prevent burn, I told Ben, who was playing on the floor, “I’m going out to water the flowers, Ben. Let me know when supper is ready and I’ll come back in”.

“OK daddy” were his last word to me. Marie was in the kitchen on the phone with Nora Stanart.

It was past 6:20 PM.

While I was still on the front porch watering the 30-plus hanging plants and front Canna bed, Ben ran up to the glass storm door and pressed his face against it and I sprayed water on the door. He reflexed back, giggled, ran off, and came back to do that 3 or 4 more times.

It was past 6:25.

I walked out to the center rose bed. I could, and did, look in to see over the Cannas, through the glass storm door and foyer to the living room. I saw Ben make a lap or two.

It was past 6:29.

 

Finishing the center bed, I walked east past a point where I could, and did, glance in over the Cannas and café curtains on the dining room bay window into the kitchen to see Marie standing with her back to the refrigerator. Ben was in front of her, telephone in his hands, talking to his Great Grandmother, who told this court what he said: “I’m fine, I’m running and playing, mama is fixing me soup and daddy is outside watering the flowers.”

It was past 6:32.

I watered a small Black Apple tree and started for the east flower bed when the glass storm door screeched open and Marie yelled, “Johnathan, come quick! Something’s happened to our boy!”

No one knew, at that time, what had actually happened to Ben, though Nora Stanart was an ear witness to the accident. It happened too quickly.

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Ben had evidently climbed up on the edge of the table as, Mary Stanart, Ben’s Grandmother, wrote he frequently did, to look out over the café curtains to find me. Supper was about ready.

The room was dark, and when he stood up on the edge of the table, he lost his equilibrium and arced backwards by the piano bench onto the concrete floor.

Marie heard the impact. “I’ve gotta go, mom”, and dropped the phone, still on, on the counter. Nora could hear everything. Marie ran to Ben, picked him up and getting no response, laid him back down – on the adjacent carpet – and ran outside for me. Perhaps within a minute or two after I saw him talking to Nora Stanart. How much of that short time he talked to Nora, I don’t know.

It is at least 6:33.

“You don’t have to yell, I’m right here.”

“Well, get in here NOW!”

I rushed in to find my boy on the edge of the carpet next to the rock foyer. Seizuring. With my left forearm under his back, cradling his head with my left hand, my right hand slipped under his butt and to his hips. I picked him up and on the way to the bedroom to get car keys, billfold, garage door opener and cell phone, that has Tulsa, Claremore, Vinita, V.A. and Pryor hospital numbers programmed in it, I said, as he had just voided, “Put some dry pants on him, we’re taking him to the hospital.”

“Shouldn’t we call for an ambulance?”

“No. We will get to the hospital before an ambulance could get here, even if it didn’t get lost.”

Before I could get my car keys, billfold, telephone and push the garage door opener to start the door up, Ben’s dry pants were on him and I picked him up from the bed and said, “You drive”.

Within two minutes of the ear-witnessed accident we were backing out of the garage and on our way to the hospital. Nora heard the garage door close before she broke the phone connection. I pushed “HOSPITALS” on the cell phone and as soon as there was a signal, I pushed “SEND”.

Four miles of dirt road, twelve miles of highway, three miles of city traffic. Nineteen miles in less than twenty four minutes. We were IN the hospital at 7:00 P.M.

Testimony confirmed that within 26 minutes of the ear witnessed accident we were in the hospital 19 miles away.

 

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Yet Ramsey told the jury repeatedly, (3 times), that I waited – that I wasted – 45 minutes, after being called into the house, before I called the hospital. What did I do? Did I call the hospital 25 minutes after we were already there?

That’s Prosecutor Misconduct. A reversible error. So are his egregious misquotes of Drs Barton, Block and Krouse. In excess of nineteen times.

Near naught is said of the one Doctor who examined my boy from head to toe, inside and out, searching with a microscope, and finds no medical evidence of any king of child abuse present OR past.

Nor has anyone questioned Ramsey’s verified, perjured, Probable Cause Affidavit. Is this only Pesecutor Misconduct or also a violation of our Constitution’s Due Process?

Contrary to Ramsey’s confabulation of jealousy in our home, there was a great deal of jealousy OF our home; but there was no jealousy IN it. The three of us bonded like glue.

Sending an innocent mother to die in prison in counterproductive to your cause against child abuse. It send the threat to all parents: Something happens to your child; don’t rush to the hospital as quickly as possible for help. You will be sent to prison if you do. If you hear a cry for help, --- RUN THE OTHER WAY.

The pure and simple, unadulterated, evidence is that at about 6:33 PM, our boy was playing. Marie hear a loud crack!, ran to find Ben prone on the cement floor, summoned me, and we were in the hospital in record time. Anything other than a tragic accident is impossible.

I was licensed, for 10 years, by the State of Idaho, trained at Idaho State University, to recognize and care for abused children through Category V. During that time I cared for 16 foster children. Seven from physically abusive homes – including Category V. I know what child abuse looks like. Marie and I did not harm our boy in any way.

 

Given all the circumstances, it is not humanly possible for Marie to have inflicted the single impact injury our boy had. Dr Krouse testified in 2001 to the fact that without any peripheral superficial or visceral injuries – and there were none – suggesting infliction of Bens’ injury, “breaches credibility”.

Taking my innocent wife away after losing my only living son to a tragic accident is an atrocity that does not fall within any definition of justice.

“I haven’t a clue to what actually happened in that house.”

 

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It was testified there were no visible injuries anywhere on my boy. Even Dr Block testified, in 2001, that the ½“ facture at the base of Bens’ skull was “not discovered until the autopsy”. Dr Barton “overstated” this fracture about 6 times. Ramsey tripled that and moved them (now plural) to the top of Bens’ head.

Dr Barton testified at the preliminary that he talked only to me. In 2001, he testified he talked only to Marie. This time testifying that he interviewed both of us several times. How could that be possible when the one thing Ramsey did get right is that we had been ordered to leave the hospital and we abided by the law?

This “cold-blooded murderer” comparison of Ben to Jeffrey Dahmer is nothing more than a figment of Ramseys’ corrupt mentality. From an article in Parenting Magazine was a comment that Jeffrey Dahmer had been an adopted child. Wendys’ Dave Thomas was also and adopted child. Should Parenting Magazine be placed under scrutiny for “Making Comparisons”?

We were convicted solely on Ramsey’s tyrannical, garrulous, rhetoric of haranguing fantasy about behavioral problems after those who knew the truth testified that Ben had none.

Grotesque gesticulations and confabulations of non-existent injuries: “Ben’s brains were squishing and gushing out of the top of this head.”

Three times Ramsey acted this out in front of the jury, gospelling to them, that while this impossibility was happening, I callously stalled for 45 minutes after the accident occurred. Creating his illusion to the jury that we were trying “to hide something”, before I called the hospital. From 6:35 PM to 7:00 PM is NOT 45 minutes. And there were, “NO visible signs of any injuries on Ben – ANYWHERE.”

He told the jury, “People lie in Court all the time.” The examples of his expertise in this matter alone constitute Prosecutor Misconduct and warrants Reversal on Appeal – AGAIN. “Brains gushing out the top of his head”, for 45 minutes that didn’t exist, when there were “no visible signs of injury”?

If you believe Ramsey, I called the hospital from home 25 minutes after we were already there.

Ramsey fabricated a non-existent crime, in a non-existent time and boasted to the press that he proved my innocent wife a murderer.

The Oklahoma Supreme Court will once again know that Chuck Ramsey is still a liar.

 

 

 

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“I haven’t a clue to what actually happened in that house.” How could he? He never asked, and he wouldn’t grant us an interview when we requested one. Ramsey has no interest in finding the truth or he would have sought it. Winning, at any cost, is all that matters. Truth and justice become void and even the “winner” loses.

Last August Mr Ramsey also told Gerald Hilsher, concerning our age and my health: “Any sentence is a Death sentence.”

Yet Ramsey would contrive malicious deception to send not one, but two innocent people to prison to die when he, “Hasn’t a clue to what actually happened in that house”. And suppress exculpating evidence.

Isn’t that comparable with the act of “a cold blooded murderer”?

One either embraces this opprobrious tyranny – or protects us all from it.

The jury was not allowed to witness you yourself confirm, on the record, that we both have solid alibis that prove our boy’s unwitnessed injury could have only been a tragic accident.

From the fact of a time frame that excludes the possibility of anything but proof of a sudden tragic accident:

6:30 – A happy “running and playing” boy talking to his Great Grandmother.

6:32 – A heard, but unseen accident.

7:00 – Admission IN the Pryor hospital 19 miles away.

Not one second of time wasted.

Three years and seven months of torment and anguish for two clans.

You have the Power, Position and Knowledge of Pilate to exacerbate this atrocity or terminate the nightmare now.

I accept guilt of nothing more than knowing my wife is innocent.

John Schoonover

 

Immediately after reading his sentencing statement, Mr Ramsey asked Judge Post if there was any way she could impose a greater punishment, as he felt that the seven years imposed by the jury was quite inadequate. Judge Post expressed regret that she could only lower it; not increase it. However, she would do what she could; she assessed $1,500 in FINES! A final lash to the Fourteenth Amendment of our Constitution, which protects against arbitrary deprivation of a liberty interest. This is not a new law that Judge Post chose to ignore35.

To reiterate Nietsche, “Distrust all in whom the impulse to punish is powerful” … or a Knight in Dirty Armor.

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The Schoonovers’ attorneys filed notice of appeal.

John Schoonover F-2003-633 Marie Schoonover F-2003-623

Kevin D Adams, Atty Katrina Conrad Legler, Atty

1717 S Cheyenne Oklahoma Indigent Defense System

Tulsa OK 74119 PO Box 926 Norman OK 73070

Attorney for State, Nancy Elizebeth Connally

State Capital Building

Oklahoma City OK 73105

"http://www.oscn.net"

Submitted (John) 02 February 2004 for Decision. Submitted (Marie) June, 2004 for Decision.

 

 

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