In Memory Of:

Benjamin M. Schoonover

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Two Innocent  Victims

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Knights in Dirty Armour

                                                

                "Two Innocent Victims "       

 

 Judge Dynda Post would first warn:  “Any testimony they (John & Gilda) present that the bruises or injury to the  murder victim*,  Benjamin Schoonover, were not consistent with a pattern of  child abuse  …(Ramsey) would introduce evidence to the contrary.”  “That’s exactly what I intend to do,” Ramsey broadcast.

 

 

*(The “honorable” but obviously bigoted Judge Dynda Post

  had decided to condemn Marie before the trial even began.

                            Precluding any possibility of a fair trial.)

 

 

     Dr Krouse would testify for John and Marie.  He would testify that he thoroughly examined the records of the Mayes County Medical Center and St Francis Hospital.

 

 

     That the records show that Ben would have lost consciousness immediately following the trauma he received.  This would put the accident in the time frame after 6:30 pm, when Nora Stanart testified she talked with Ben, and 7:00 pm, when Dr DeLong admitted Ben at Mayes County Medical Center.

 

 

     That the records show there were no bruises or marks or any sign of injury  to Ben upon his examination at Mayes County Medical Center.  Nothing to indicate any kind of child abuse.  They show that Ben’s eyes were symmetrical upon arrival, which further confirmed that the accident had occurred with minutes.

 

 

     That the records of the St Francis Radiologist’s report with the MRI revealed the finding of a single 12mm hairline fracture of Ben’s occipital.  This is consistent with a backward, rotational fall from a standing position on a piano bench, impacting an irregular cement surface.

 

 

     Dr. Krouse would conclude his testimony to the jury:

 

 

32

          “The finding of a single, fairly profound, or obviously lethal head injury, and

     the discovery of the unresponsive and unconscious child on a very hard and

     unyielding surface, particularly if there is an elevated area nearby from which

     he might have fallen, brings into play the possibility that it was an accident, that it was a fall and that it was a single impact that caused this fatal injury.

 

          A more yielding surface, like a wooden floor with a yielding sub floor under it

     or a felt padding, would be less likely to cause this serious of an injury than an unyielding concrete rock-like surface.

 

          The significance of the location of the piano bench is that it’s fairly close to

     that hard floor, and it provides a potential launching pad for a serious or fatal

     head injury.”

 

          Suggesting a bribe, Ramsey insulted Dr. Krouse by making it quite clear to the jury that the Schoonover’s had to pay Dr. Krouse $5,000 to come all the way from Texas for this testimony.

 

     Dr. Krouse corrected Ramsey; his fee was $2,500, which would barely cover expenses, his contract was with Mary Porch, not the Schoonover’s, and it was for his expert opinion --- whatever it may be --- and not for this testimony.

 

     One additional witness would have been called had the Court not violated Oklahoma Constitution Article II23.  Marie (and John) was confirmed indigent and unable even to pay Dr. Krouse’s transportation.

 

     All of the physicians boiled it down to physics.  None professed proficiency in the knowledge of the mechanics of the subject.  With the exception of Dr. Krouse, their opinions were based upon inadequate and erroneous information and the subject they were lacking in, physics.  The medical findings did not show Ben’s injury to be inflicted.

 

     Dr. Krouse does have knowledge of physics, but because he is a medical doctor and not a physicist, his testimony was restricted by Ramsey to his “medical opinion only”.

 

 

 

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     Thus, without a physicist, we could not show clearly that Ben’s fall from a piano bench did, in fact, equate to a 30 MPH automobile collision.

 

     To demonstrate this phenomenon, consider the fall of a toddler (Ben) falling a distance of 0.91 meters (3 feet), which is slightly less than our Ben did, in fact, fall (straight line vertical distance from head to floor is approximately 51”).  This straight fall produces an impact velocity of 4.24 meters/second (13.9 fps), which is 9.48 MPH.  A rotational fall will almost double this velocity to 18.96 MPH, and when the shoulders impact first, the initial loading of whiplash can cause head acceleration of more than twice that acceleration, which is up to 37.92 MPH impact velocity --- on cement.24

 

     This author has no education in physics, but with rudimentary math, can glean from the many articles available, as anyone can, with the knowledge that Ben’s fall was an accident, the complicated physics formulas confirm that it was an accident.  The Court denied Marie the right to have an expert physicist as a defense witness by withholding available funds for the cost of this much-needed expert witness.

 

     Kevin Adams (John’s attorney) advised John that he could not even petition the Court for the witness, as it was not necessary for him.  Adam’s defense for John rested on the fact that multiple witnesses, including our Ben himself, had put John away from the scene of the accident, as Ben had told Nora (over the phone) that, “He’s outside watering the flowers”.

 

     John was assured that Marie’s attorney (James Rowan) would succeed in his closing argument.

 

     Kevin Adams did show that John was not present, and could not be convicted of murder.  He was interrupted numerous times with sustained objections, but still he did succeed.

 

     The jury would and did render a verdict of  “Not Guilty” to the charge of murder that John was tried for.

 

 

 

 

 

 

 

 

 

34

 

     Jim Rowan began his closing of how Ben fell from a piano bench … interrupted with an objection.  Judge Post told Rowan:

 

                        “The State presented no testimony about any

furniture in that house and you cannot introduce any furniture now.  Sustained.

 

Rowan:          “Judge, it is tantamount that I be allowed to show this

                   Jury how Ben was injured…” another interruption by Post                

                     

 

Post:            “Did you hear me, Mr. Rowan?  I sustained the objection.  Move                                                                                     

                    On.”

 

Rowan:          “Judge, I move for a mistrial, thank you.”

 

Post:            “You what?”

 

Rowan:          “I move for a mistrial.  You are not allowing me to present a                                                             .                  defense25  and this is an unfair trial.”

 

Post:            “Do you have any authority to support your motion?”

 

Rowan:          “Not at the present, your Honor.”

 

Post:            “Motion denied.  Move on.”

 

     Jim Rowan did the best he could with what he was allowed by the Court, and it was still a pretty good closing argument.

 

     Ramsey would then present his argument.  He made a grossly inappropriate statement to which our attorneys objected.  Judge Post called a bench conference and explained that these constant interruptions were going to stop.  She would be ‘giving’ the defendants a ‘running objection’ to Ramsey’s oratory, which included “Repeated and escalating misconduct(26)” of misquoting witnesses, misstating evidence, and even contradicting himself in stating “We don’t know why he left the hospital”, “Dr Barton interviewed them several times”, and the invention of a 45 minute “time delay” between 6:33 pm and 6:45 pm, creating the illusion of truth with his sobbing and lamenting, with gesticulating hands describing a volcano, “Ben’s brains were gushing out the top of his head for forty five long minutes before John decided to call the hospital …

 

 

 

35

 

 

 

 

   “This family, these people, who compare their child to psychopathic serial killers are not normal people, and abnormal people do abnormal things … “

 

     How many of the tired jury would forget that Ben had no sign of injury, and that John, and only John said, “Well, Jeffrey Dahmer was probably a sweet little baby”? and is that non-judgmental attitude wrong, that all babies are equally lovable?

 

“While a prosecutor is clearly authorized to strike hard

 blows he or  she is not allowed to strike foul ones.”27

 

     The defense is not allowed to rebut these misconducts.  Such misconducts will go unchecked for so long as there is apathy.

 

 

 

 

***

 

 

 

 

     “It was not my responsibility to determine whether they were

       guilty Or innocent.  My duty was to put them to death. 

        I was only following orders.”

                                        Karl Adolph Eichman.  Israel, 1962

 

 

 

 

An excuse our Knights do not have.

 

                 

 

 

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