JUDICIAL  Jackasses

 

[Originally filed 09/11/09]

IN THE MATTER OF HALEY WHEELER

                                                                               FILED 09/23/09

JD 08 13  revised 09/23/09

                                                                        

MOTION TO RELINQUISH

                                                                         

The Honourable

Jefferson

Sellers:

 

                Pamela and I have discussed this problem thoroughly and are without funds or knowledge how to continue this battle and have decided to yield to the demands of DHS and Larry Stuart and give up MY* two innocent babies so Donna Pace can look good and Patrick Pickerill can get his adoption fees for creating a new family from their destruction of this one.

 

                We have decided the easiest way is to move to another state, start our lives over and have another baby or two.

 

                There are a few small problems with that: 

 

1.   This Father has not spoken with Pamela Brook in quite some time and when I do  locate her I will ask her the details about what she received and from whom in return for divulging the password {Taoist} to my websites  justice4families.com and judicialjackasses.com so my First Amendment Rights could be violated by criminal elements. 

 

2.  Scientists will successfully emulsify crude oil and water before Pamela Brook and John Schoonover ‘get together.’ 

 

3.  Even if 2 was possible This Father will not allow my reproductive essence, even if some still existed, to be deposited in a drug addict. 

 

4.  This Father is not some young immature struggling couple who has made a small mistake and does not know what to do about it but yield to the all too powerful corrupt authority figures of DHStapo with their money hungry authority figure soothsaying attorney that convinced without any evidence of support six gullible jurors that I am [ten times] “EVIL” and “WICKED” and that Elan [OR Haley] would be in any kind of danger, much less serious danger from this NATURAL Father  without anything but his own wild accusations: TR 265 lines 6 & 7, “My client will suffer severe harm or die if he’s ever returned to Mr. Schoonover.”  Such Chicken Liken type ‘doom & gloom’ is not supported by any evidence.

1

*9/11/09, after originally filed, this father was advised that Pamela Brook had voluntarily accepted the State’s offer and had abandoned her parental rights to Haley Wheeler.

 

5.  Donna Pace, Larry Stuart, Patrick Pickerill, all harp on my “failure” to complete the ISP that would “Correct The Conditions” . . . blah, blah.  Not a one of whom has an IQ within 20 points of mine.  [

See Dr.

Grundy’s assessment of that fact and my ability to understand the needs of a child]: Tr. 39 lines 13-20, Question: “did any of the tests reveal that he would not be capable of caring for a child?”  Dr. Grundy, “The intelligence test would not indicate problems in that and that is the only test that I have complete.”  Question, “Okay.  In fact, the high score that he received would indicate that he would understand the nature and the needs of a young child?”  “It should, Yes.”  Nothing to indicate this Appellant would be a “bad dad.”

 

6.  NO ONE has ever explained to this Natural Father how spending thousands of dollars on DHS contracted ‘providers’ for ‘services’ that are designed to fail could possibly correct any “Condition” that has not been corrected by the instant purchase of one bed, rebuilding another one and custom hand-building two more.  Not to mention those purchased for Haley to prevent what happened with Elan. 

 

7.  John Schoonover has been advised to “dumb it down, confess to whatever they want, and according to Larry Stuart “This judge would have no choice but to return Elan” . . . Make DHS Look Good!  Blindly step barefoot into the Malignant Malleus Maleficarum Manifesto trap.  Could be the reason

Oklahoma is competing with Nebraska for first place as the state having the most children per capita taken from their homes.  John Schoonover will not voluntarily contribute to that atrocity by Oklahoma ’s DHS. 

 

8.  Filed September 2, 2008, in this case:

To the instant matter this Petitioner Father takes exception to and is offended by the alleged ‘facts’  “As to the Mother, Pamela C. Brook:” containing a blatant gross assumption unsupported by any evidence in the hearsay statement, to wit; that [Pamela Brook] did: “Knowing full well that John Schoonover caused the injuries of the previous child and that John Schoonover has failed to correct the conditions which resulted in the injuries of the previous child.”  See 6. And:

 

Pamela Brook does in fact know that this Father HAS IN FACT corrected the single “condition” which led to the accident that this Court used to declare his son “Deprived.”

2

 

Hearsay, rumors and wild accusations are not evidence.  There is no evidence to support any of the allegations or hearsay statements.

In re Hall children
[JD-05-123,

Rogers County

]

“and hearsay statements were unlawfully admitted over Haslam’s objections.”

The Prosecutor also erroneously lists the Mother’s residence as RR 1 Box 67

Cleveland when it was, up to her incarceration, Mallard Drive, Dell City, Oklahoma  It will never be the address he alleges. 

 

Section 7001-1.3 – Definitions

14. “Deprived child” means a child: a. who is for any reason destitute, homeless, or abandoned, b. who does not have the proper parental care or guardianship or whose home is an unfit place for the child by reason of neglect, abuse, cruelty, or depravity on the part of the child’s parents, legal guardian, or other person responsible for the child’s health or welfare.

None of the above is applicable; they have never been applicable and they were not applicable when Haley was torn from her mother’s breast in the Hillcrest Hospital maternity ward AND:

 

This Father was not always with the knowledge that Haley Wheeler was his biologic daughter for the simple reasons this father could not see how Haley Wheeler could be his biologic child and this Father was given reason to believe that Haley Wheeler was the daughter of Richard Brook as Pamela Brook testified.  Entrapment: This Father SHOULD HAVE BEEN TOLD by this Court or DHS when this court or DHS had the wherewithal to learn and know BEFORE prompting this Father’s mis-knowledge of the truth that he did not believe at that time he was the Natural Father of this child, Haley Wheeler.  Although a DNA that DHS claims was always available to this Court, this information, valid or not, was kept from John Schoonover.  When this information, valid or not, was made available to this Father, this Father accepted without reservation the fact that, as Haley is without any doubt Elan’s blood sister, accepts Haley as his daughter without reservation and as fact and has committed no act that can be shown to justify depriving him of his child or depriving Haley of her Natural Father. 

 

A deliberate misrepresentation by Donna Pace on the ISP is: “John Schoonover currently have a child together that is in temporary DHS custody due to physical abuse”  etc.  There has NEVER been ANY evidence or documentation of ANY “physical abuse” prior to the afternoon of 11/15/2006.

3

November 15, 2006, SIX physicians: Dr. Tony R. Hill, D.O., Dr. Stanley Handel, M.D., Dr. Hooby Yoon, D.O., Dr. Hanst and Dr. Hilto of the

OSU Medical Center

signed a document stating that there was no evidence of any injuries of any kind to this other child, Elan Lee Schoonover.  This document is supported by twelve exculpatory X-rays, three of which are of Elan’s right arm, which the District Attorney secreted in his office for over 18 months.  Assistant DA David K. Robertson handed Nancy Brook and this Petitioner these suppressed untampered X-rays September 10, 2008. The motive for their secretion remains unknown.  

 

No one seems to remember that NO PHYSICIAN, as Mikah McCray testified in Judge Henry’s Court November 21 2006 would rule out a fall; would NOT state there was any “Child Abuse” and in fact, on the report of the Cleveland Hospital circled the “No Signs Of Abuse” box.  NO ONE BUT DHS claimed “Child Abuse.”  ONLY DHS.  DHS did not want to see what the physicians reported: No bruises, no fractures, “Smiling and alert,” and this Petitioner had posted on the web justice4families.com and filed with our Supreme Court [CV#107022]the photographs of Elan crawling, using his right arm and holding his bottle 10 days after the minor accident Mikah McCray called “Child Abuse.” 

 

Furthermore, this case that Donna Pace refers to [Elan Schoonover, JD 06-34] has been appealed to the Supreme Court [CV#107022] and it should be noted that the State [Respondent Drew Edmondson], given an extra 10 day extension by Chief Justice Jim Edmondson to respond, has chosen not to contest this Natural Father’s pleadings.

 

The State has shown no valid reason not to order his child relinquished to her Father as soon as possible.  The State has shown only wild allegations with no evidence to support any of these allegations.

 

OklahomaStatutes Citationized

  Title 10. Children
    Chapter 70 –

Oklahoma Children’s Code
        Section 7003-4.4 – Allegations of Petition not Supported by Evidence
Cite as: O.S. §, __ __

WHEN “the court finds that the allegations of the petition are not supported by the evidence, the court shall order the petition dismissed and shall order the child discharged from any custody. The child’s parents, guardian or other legal custodian shall also be discharged from any restriction or other previous temporary order.”

4

 

 

It must be noted that the Prosecutor does not present any of the alleged “acts” as any kind of evidence but only “alleged” acts and hearsay. Haley Wheeler never was a “Deprived Child” per-se; but definitely is being deprived of her rightful parent through no fault of his.  The characterization of this Natural Father by attorney Patrick Pickerill as being evil [eight times] and wicked and any danger whatsoever to anyone, much less his own child[ren] or even allowing his child[ren] to be placed in any danger whatsoever was misconduct and is without foundation. 

 

In accordance with Section 7003-4.4 this Petitioner asks, in the interest of Justice, that the Petition the State [Larry D. Stuart] submits be dismissed and order this Father’s child, Haley Wheeler, be discharged from any custody. This child’s Natural Father also be discharged from any restriction or other previous temporary order.”   This Honourable Court has that authority.

 

 

It is so prayed.

 

 

 

Respectfully submitted pro se in accordance with protections of Haynes v. Kerner 404 U.S. 519  [1972] and Hall v. Bellman, 935 F.2d 1106 10 Cir. [1991],

 

                                     {signed}

John Schoonover

RR 1 Box 67 Cleveland Oklahoma

 

Copies hand delivered to DA / DHS / Patrick Pickerill / et ali

 

FOR THE RECORD: The 1-hour visit with Haley 9/16/09 was disturbing. Haley had catarrh with a fever and should not have been taken out of the house except to see a physician even if the weather had been good.

 

 

 

 

 

www.justice4families.com

 

 

********************************************************************************************************

 

Judge Sellers scheduled a ruling on the above Motion 09/25/09. 

A "Notice of Intent to Appeal" is prepared for filing

in the event of an adverse ruling by the Court.

***

September 22, 2009, Larry Stuart Motioned for and was granted

a postponement to

1330 hours October 9, 2009

*******************************************************************************************************

 

 

IN THE SUPREME COURT

OF THE

STATE OF OKLAHOMA

                                                                                    filed 9/28/09

                                                                                                                  

In Re:  The Matter of                         ]                          

          Elan Lee Schoonover              ]

                                                          ]

An Appeal by the                               ]                  Case No. 107022

          Natural Father                         ]        

          John E. Schoonover                ]                 

                                                          ]                 

                   Vs.                                  ]

                                                          ]                           

The State of Oklahoma                      ]

 

ADDITION OF PHONE NUMBER

This Petitioner has in his possession the only physical X-rays in existence of Elan Lee Schoonover taken at OSU Medical Center November 15 2006 and St. Francis Hospital November 21 2006 and to this Petitioner’s ability they can not be duplicated.  They are the original untampered exhibits.

Should this Honourable Court desire to view these X-rays this Petitioner has previously stated he would provide them personally ASAP.  Probably within two hours of being notified.

This Petitioner has acquired an Oklahoma City phone number, [Area Code 405] a cell phone this Petitioner has, can and will be available 100% of the time for your convenience:

683-1231

Respectfully,     

                                                          John Schoonover

                                            RR 1 Box 67 Cleveland Oklahoma 74020

 

 

end of document

 

 

The OSU exculpatory X-rays are those Tari Hughes acquired for Larry Stuart early 2007 that were secreted in his office until retiring assistant DA David Robertson handed them to Nancy Brook and I September 10, 2008 with the explaination that we might be interested in these.