Second False Arrest and Malicious prosecution in Rogers County by the same District Attorney
On Friday evening, December 9, 2005, our youngest son was transported by the sub-prime guy from Claremore Oklahoma to a mobile home in the Hanky Panky Mobile Home Park in Catoosa, Oklahoma.
Our son said they had just been sitting around inside this mobile home when he heard the others talking about a girl with a certain last name who lived alone in a trailer in the trailer park. This last name, which they had slurred, was one letter off, and came out as the actual name of a girl our son had worked with at the annual calf fry dinner and other functions of the FFA chapter while in Claremore High School and whom our son had not seen in two years. Since the girl had lived between Claremore and Catoosa and had an uncommon last name, our son was sure that would have to be the girl. Our son asked if the girl's first name might be (blank) to which the householder/resident of the trailer park said he did not know the girl but did not think that was her name. Our son said he told the householder that he would walk over and see.
The householder's wife and child were asleep in the next room, on the other side of those thin trailer house walls, and never even saw our son that night even though he had been inside her mobile home for hours. This shows there was no loudness or rowdy behavior going on.
Weeks later, the householder said that after he noticed that our son had left his mobile home, he told the three others to go with our son because, "That guy is crazy over there."
It took weeks to find this out. This was a puzzle because of the Catoosa Police Department and the Rogers County District Attorney lieing about not having any information concerning this incident and threatening our son's eyewitnesses.
The other three males caught up with our son and witnessed our son knock on the door.
Unbeknownst to our son, there was a big fight going on between tenants of the Hanky Panky Trailer Park because of their drunken, swinging activities. Apparently the person whose door our son knocked on, had been sitting in his car in the darkness watching the trailer in which our son had been visiting. He immediately ran up and accosted our son, threatening to kill our son. This person was right there instantly. This was no coincidence.
Whether any police officers were involved in this swinging activity at this mobile home is unknown but the householder later said police cars were over there all the time, and, "All they do is fight over there." No doubt the police officers were well aware of the combat going on in this zone and the swinging activities.
Two months later, which was after the US Navy had put our son in that white van and had taken him away while his mother and sister cried, the householder told me that before this incident, the lady in question had propositioned him, the householder, at the gas station in Catoosa. That she had come up behind him and said, "I wish you were not married and I was not married."
This is when the truth finally started coming out. Now we understand why the householder's wife had continually referred to this lady as "a slut and a whore" and stated that this "lady" had been hitting on every man in the trailer park.
Then later on the householder's wife said this "lady" had thrown a beer bottle which had hit the lady's husband on the head. On the Oklahoma Supreme Court Network there are two cases of domestic violence which this "lady" had filed against her own husband. Did the Catoosa police officer use this crazy drunk as some kind of a victim? One of these domestic violence cases was before and the other was after the false arrest of our son.
Our son walked back to the original mobile home with this drunk person following and screaming threats to kill our son.
Due to the coverup coordinated by the Rogers County District Attorney, we do not know how or why the police became involved. We can only assume the police must have became involved as a result of other tenants calling the police department in reference to a screaming drunk person threatening to kill our son. And from what we have heard, if the drunk had had a gun or a knife, he would have shot or stabbed our son. It took over two months to figure this out because we could not get the truth out of anyone. We were lied to by everybody.
Our son's eyewitnesses were angry about the whole bogus deal and would blurt out one statement but then they would clam up, apparently because of threats by the District Attorney whom they said they were calling every day. This is why it took over two months for us to figure some of this thing out and our son was in the navy by that time.
When our son called the District Attorney to find out what was going on, the District Attorney refused to talk to our son. Looking back we now see the District Attorney was out to get our son on whatever bogus charge he could hang on our son in order to cover the original false arrest. This is the same District Attorney that railroaded our other son in the first false arrest and malicious prosecution.
The further it went it became obvious to us that the District Attorney was attempting to suborn perjury from these eyewitnesses who had argued for our son the night of the attempted framing in order to railroad our son on any charge.
After our son and the other three males had walked back to the original trailer and had been inside for a while, there was a knock on the door. Immediately they figured it was the screaming drunk who had come back with a gun. The householder said his gun was in the pawnshop, otherwise they would have taken it to the door. One person opened the door just a crack to peek out and was knocked off balance by the Catoosa Police officer who hit the door with his body and shoved it open. A rough raid.
If that person who opened the door had had the householder's gun it might have gone off and the shooting would have started. This is the second instance of endangerment ot our son that night. This time by the police officer in his illegal forced entry of the mobile home.
I asked our son, "Exactly where were you when the police officer busted in the door?" He said, "In the kitchen." "What were you doing in the kitchen?" "Getting a drink of water."
This police officer ordered our son to come into the living room and show some I.D. The householder later said he saw some report in the possession of an attorney we paid for for the householder, wherein the police officer stated that he noted a strong odor of acohol about our son's person before asking our son for his ID. How could the officer smell the odor of alcohol on our son from another room? And when the officer himself is standing amongst people who had had a drink of liquor and our son had been drinking only water?
Our son said he handed the officer his driver license and was answering various questions when our son told the officer that our son's father was a retired Tulsa Police officer. Our witness said the police officer really became excited at this point. The Catoosa officer told our son to go outside and stand beside the police car. Did the police officer recognize my name and our son's last name? As Sarah Palin would say, "You betcha."
As our son was going out the door, one of our son's eyewitnesses asked, "What are you doing with him?", to which the officer loudly proclaimed, "He is going to jail for burglary." They told the officer they had been with our son the whole time and our son had not committed any burglary. The officer said, "We found pry marks on the door", to which the eyewitness said, "Yeah, on a twenty year old trailer. The officer refused to discuss it any more. This was his only evidence? Frame job.
The first thing any police officer is taught is that there are always two sides to every story. This shows this police officer was out to get our son. Here the truth interfered with the officer's bum rapping of our son and we are sure you will not find any of this in those hidden libelous reports.
Later on when we advised this eye witness that the district attorney had not filed any burglary charge but had filed a charge of public intoxication on our son, this eyewitness blurted out, " _(blank)_ (the bogus victim) was the one that was drunk." "Not _(blank)_(meaning our son)." And then this eyewitness clammed up again. One statement only again.
The police officer saw no evidence of any burglary. The police officer's fabricated victim out of the swinging trailer was drunk, so why did the police officer knowingly, falsely accuse our son of being a burglar? The answer has to be personal reasons and political reasons.
After our son had exited the trailer and stood outside by the police car with his hands up, palms outward, the officer came outside, handcuffed our son and put him into a police car.
Did you catch the third endangerment of our son that night?
By loudly proclaiming our son was going to jail for burglary after telling our son to go outside and stand beside the police car, what was the officer doing? Was he trying to scare our son into attempting to escape? To run so he could shoot our son? Or was the officer trying to invent some crime? No restraint in these circumstances and being mouthy is definitely improper police procedure.
The fact that the arresting officer lied in the hidden official report about noting the strong odor of alcoholic beverage about our son's person inside the mobile home before asking for our son's I.D, is further illustrated by the following.
After handcuffing our son and placing our son inside a police car, the officer told the householder, "He (meaning our son) is going sit in the car with Officer ________ (householder doesn't remember name) and if we can determine that he has had anything to drink, you are going to jail." "If we can smell anything on him at all, you are going to jail."
Now wait just a minute.
According to the arresting officer's statement mentioned above that the householder saw in an official hidden report of some kind in the possession of another attorney that we paid for for the householder, the officer swore that he noted a strong odor of alcohol about our son's person before asking for our son's ID previously inside the mobile home. But now the arresting officer is trying to determine that our son has been drinking alcoholic beverage in order to jail the householder. This shows our son exhibited no signs of having drank any alcoholic beverage.
Was the arresting officer lieing then? Or is he lieing now? Or does he ever tell the truth?
Another falsified police report.
The householder understood that the officer meant they were going to put our son in an enclosed area, the inside of a police car with the windows rolled up, for a while to concentrate the air and try to smell the odor of alcoholic beverage on our son in order to arrest the householder. Can you believe this? The householder said that this officer used to be a good guy but had turned mean toward the householder about two years before.
After the officer removed our son from the police car he was in our son's face shouting at our son, "I know you have been drinking." "I can smell it on you." Remember our son had been drinking water. Even if the officer could smell anything at all on our son, our son had been inside a trailer where three living, breathing human beings had their individual bottles of liquor. But no. The arresting officer is lieing again.
Finally our son, in trying to appease or pacify this out-of-control police officer replied, "I have had a few ........", and when he paused, thinking about what he had ever drank, he was immediately cut off by the officer shouting at the householder, "You are under arrest for contributing to the delinquency of a minor." Our son was over the age of eighteen so this law did not apply to the situation at all. Oklahoma law states the minor has to be under the age of eighteen for this law to apply. Our son was nineteen, three days shy of his twentieth birthday.
Our son said that was all he said. That was all he got out before he was cut off by the officer. "I have had a few ..........(sips of pop?)" Our son was cut off before he could say what he had drink, when he had drank it or where he had drank it. Our son could not remember drinking anything but water at the time, due to the insane situation created by the arresting officer.
I asked our son if this was how it was. I bent my knees and shook my finger under our son's nose because our son is tall. In a gruff voice, rather loudly, I said, "I know you have been drinking." "I can smell it on you."
Our son said nothing but made a fist and brought it down as if striking the officer on the head. This showed to me our son's disgust at the officer's unacceptable, harassing behavior.
The householder / resident told me that the arresting officer used to be a nice guy but turned mean about two years before this. This would explain why the arresting officer illegally rough raided the householder's mobile home and why he acted so mean to start. Apparently this police officer had been out to get the householder for some time, and on this rough raid / fishing expedition, had discovered our son to be under the age of twenty-one inside the householder's home. This was the only basis for the second false arrest. Another trumped up charge.
The arresting officer had been assigned a call on a simple disturbance, a screaming drunk out in the street, threatening to kill our son, but seeing his opportunity to jail the householder on some bogus charge, the arresting officer violated the householder's Fourth Amendment Constitutional right against unreasonable search by forcing his way into the householders residence. The arresting officer then fabricated the whole non-existent felony burglary out of thin air. This is as false as any false arrest ever was. This was a malicious false arrest. Apparently this is plain to everybody including the District Attorney and is the reason the District Attorney lied to keep hidden whatever is in those reports.
It is not against the law for the householder to have a bottle of liquor in his possession inside his own home on a Friday evening, and it is not illegal for a person under the age of twenty-one to be present when a person over the age of twenty-one has a shot of liquor inside his own home. The householder did not give our son any liquor from the householder / resident's bottle.
The arrest of the householder / resident was the second false arrest by this raging Catoosa police officer that night. It is a wonder he did not shoot somebody.
The arresting officer directed another officer of lesser seniority to transport our son and the householder / resident to the Rogers County Jail.
The arresting officer stayed behind, and according to some of the vicious rumors we have heard, the arresting officer went around the Hanky Panky Trailer Park attempting to suborn perjurous testimony from other tenants as to their actually having witnessed our son commit a burglary when in fact, there had been no one in the street other than our witnesses and the screaming drunk at the time and no burglary had been committed. This is a pure attempt to frame our son on a felony charge. This police officer committed a felony which was covered up and hidden by the District Attorney. This has moved into felonious conspiracy.
Later on, when the householder's wife went to pay their rent, the lady taking the rent showed the householder's wife a newspaper with our son's name listed as a burglar and our own address listed publicly as the residence of a burglar. This was published and made public. When the householder's wife told the lady that our son did not commit any burglary, the trailer park lady kept saying our son did burglarize that trailer and she had told everyone in the trailer park that our son was a burglar and to be on the lookout for our son. How did she know this? Slander and Libel. Did the police officer tell this lady to shoot our son on sight?
As the younger officer was transporting our son in the front seat of the police car and the householder in the back seat to the Rogers County Jail, our son said the transporting officer said something like gol-leeee. Our son said he looked up thru the windshield of the police car and saw a car in front of them bouncing off the sides of the road and slinging dirt and debris into the air.
Our son told the transporting officer, "You have got to stop him before he hurts somebody", to which the transporting officer said he could not stop him because I've got you in the car. Our son kept urging the transporting officer to stop the drunk driver, saying, "You had better do something."
The transporting officer notified his dispatcher of the drunk driver and that he could not stop the car because he was transporting two prisoners. The dispatcher came back asking the tag number on the drunk driver's vehicle. The transporting officer said he could not read the tag number and asked our son if he could read it. Our son said it was plain as day to him. "I just whipped it right off."
Remember now the District Attorney later filed a charge of public intoxication on our son. How could this false charge of public intoxication be considered anything other than the District Attorney's malicious act to smear our son, muddy the waters, and cast doubt on our son's total innocence of the burglary that never happened? Or worse, a conspiracy to cover up a felonious attempted framing by the Catoosa police officer.
While the arresting officer is still at the Hanky Panky Trailer Park attempting to suborn enough perjurous testimony to frame our son, our son was doing part of what the arresting officer is supposed to be doing. Keeping drunk drivers off the road.
Citizens of Catoosa. Is this the type of police protection you thought your tax dollars were paying for? You had better stay off the streets down there. As a matter of fact, if the transporting officer had pulled out just a few seconds earlier, he might have pulled out in front of that drunk driver and there would have been hair, teeth, and eyeballs all over the highway.
The dispatcher called ahead and they followed the drunk driver to Claremore where two Claremore police cars, who apparently were doing their jobs correctly, were waiting and got the drunk driver off the road. There was plenty of opportunity for the drunk driver to wreck himself or someone else on the way. Just did not happen.
Our son spent the night in the Rogers County Jail under the felony charge of second degree burglary. Our son's mother did not sleep a wink that night and kept us awake all night long until our son came home the next day. She says it was mother's instinct but she could not sleep because she knew something was wrong. She paced the floor all night. Scared to death.
Our son was three days shy of his twentieth birthday and was required by his mother to be home at midnight. If he was not home by midnight, he had to call and let her know where he was and why he was not home. He did not call that night.
During High School, our son was required to call home if he was not home by 10:00 pm. The time was moved to midnight after our son graduated from high school. Our son's mother kept a tight grip on this son. This is her baby.
Our son had signed up with the US Navy two months prior to graduating from high school and was working at Stillwater Milling, while waiting for his delayed entry into the Navy on the date of February 1, 2006. His entry was delayed because he was waiting for an opening in the navy's bomb school. Our son was running several miles every day, doing dozens of pushups, situps and other exercises in preparation for navy boot camp. He was hard as a rock.
This son is a very sociable person. He has to be around people all the time. All of his close friends had left Claremore. To the marines. To the navy. To a school in Texas. To Tulsa. And so forth. Our son had met this sub-prime person who had transported him out to the Hanky Panky Trailer Park through a friend of one of his friends who had left Claremore.
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Here are a few pics to counter the slanderous remarks about this son that have been made lately. Are these webpages upsetting some people? This son does not have a criminal bone in his body. He has been on the volunteer IA list for Iraq for the past two years.
On watch. Manning the 25 millimeter chain gun.
Riding in the helicopter
Chili's in Bahrain. He likes barbeque. His buddies told him that was a camel rib.
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Our son was bonded out of jail by the sub-prime person who had transported our son out to the Hanky Panky Trailer Park in Catoosa. This person made a deal with a bondsman to pay half of the bondsman's five hundred dollar fee to post the five thousand dollar burglary bond for our son. This happened on Friday night but our son did not tell us of the arrest until the following Tuesday afternoon because he could not afford to hire an attorney. Our son said everyone had told him the charge would be dismissed and he did not want to upset us. Again, this shows there was no reason whatsoever for the jailing of our son. Our son said he had tried to get a public defender but since he had been bonded out he was told that he was not entitled to a public defender and that he would have to pay an attorney.
Our son said he definitely established with the jailer who released him from jail that there was no charge other than the second degree burglary. So if the burglary charge was never filed, there would be nothing else. But they still told him that he had to hire an attorney and since he had been bonded out, he was not entitled to a public defender.
I told our son that since everyone (the eye witnesses, the transporting Catoosa Police Officer, the US Navy Recruiters, the bondsman) knew the arrest was false, the charge would just go away and there would be no need to hire an attorney and to wait for the court date. That we had plenty of time to hire an attorney to defend him if that became necessary which it would not. Our son said he had been told when he was bonded out of jail that if he did not hire an attorney before the court date, he would be put back in jail. Then he showed us this slip of paper that he had been given when he was released from jail.
Due to his girlfriends, our son had no money to bond out on his own nor to pay the other $250 of the bondsman's fee, so how could he hire an attorney? With his good looks? Is this court system trying to make thieves out of people by forcing them to steal money in order to pay an attorney? Are these attorneys that desperate for business?
This is a violation of our son's constitutional right to defend himself. Remember the first false arrest and malicious prosecution in Mayes county, another part of this same judicial district, where our other son, a victim also, was illegally required to hire an attorney who then destroyed that son's defense? Here we go again.
Jail is not mentioned but when we went to our son's court hearing on the false and malicious public intoxication charge, we mentioned to the attorney whom we had to hire, that the householder had also been bonded out of jail and did not have an attorney. The attorney we hired replied, "They will put him back in jail". So you see that although jail is not mentioned on that piece of paper, jail is well known to be the consequence.
Oklahoma's Twelveth Judicial District and the Rogers County Sheriff is in violation of Amendment VIII of the Bill of Rights of the Constitution of the United States as this is a double bail which is excessive bail.
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"Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
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We also paid for an attorney for the householder to keep the court system from illegally re-jailing him.
We cannot see in the "Right to Bail" section of the Oklahoma Constitution where failure to hire an attorney is an exception to the right to bail. Oklahoma's Twelveth Judicial District, specifically Rogers and Mayes Counties, are in direct violation of the Oklahoma Constitution as well as the Oklahoma Statutes, and the United States Constitution.
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Oklahoma Constitution
SECTION II-8
Right to bail - Exceptions.
A. All persons shall be bailable by sufficient sureties, except that bail may be denied for:
1. capital offenses when the proof of guilt is evident, or the presumption thereof is great;
2. violent offenses;
3. offenses where the maximum sentence may be life imprisonment or life imprisonment without parole;
4. felony offenses where the person charged with the offense has been convicted of two or more felony offenses arising out of different transactions; and
5. controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years imprisonment.
On all offenses specified in paragraphs 2 through 5 of this section, the proof of guilt must be evident, or the presumption must be great, and it must be on the grounds that no condition of release would assure the safety of the community or any person.
B. The provisions of this resolution shall become effective on July 1, 1989.
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The State of Oklahoma needs to set up a welfare fund for attorneys so they dont have to encourage false arrests and prosecute their clients. We would contribute on the condition this court system refrain from mistreating and slandering our children.
Our son could not tell us anything of the reasons for the arrest except that the Catoosa police officer acted crazy. Weeks went by before I had found out about the officer putting our son into the police car to sniff him for the odor of alcohol in order to arrest the householder. When I told our son the officer had put him in the car to sniff him, our son mused real thoughtfully, "So that is what they were doing." Our son must have thought the officers were queer or maybe checking to see if his deodorant had failed. Our son was really puzzled by this whole queer deal.
Our son has been bum rapped on a false felony charge and we have to hire an attorney to keep him from being put back in jail, so what do we do? First, we have to know why. Our son doesn't know anything. How can you defend when you do not know what the accusations are? What was our son supposed to have done?
We traveled to the Catoosa Police Department and entered the building. We walked to a hole in the wall at the end of a hallway inside the building. Somebody told us through the hole in the wall that they had delivered everything to the Rogers County District Attorney and that they had no records. They would not talk to us. They did not even keep a copy? Yeah, right.
We traveled back to Claremore where the District Attorney came out into the open area behind the receptionist where he stood and stared at us for a while and then went back into his hidey hole. A few moments later, the receptionist who had been steadily answering the telephone told us they had not received anything from the Catoosa Police Department.
We thought it useless to travel back to Catoosa as they were probably still barricaded behind that hole in the wall. Probably armed and barricaded. Wishing to avoid a confrontation we went home where we telephoned the Catoosa Police Department and again were told that the Rogers County District Attorney had everything and they had no records of any kind. They did not even keep a copy? Yeah, right.
We were more confused than ever. They had falsely imprisoned our son and were attempting to frame our son on a false felony charge and were threatening to re-jail our son if he did not hire an attorney. This stank. These people are supposed to be upholding the law?
Collusion.
Two days later the attorney whom we had been illegally forced to hire by the court system refused to show our son the reports by saying, "No". When asked why, he said, "It would make you angry."
Collusion again.
Why are all these public officials lieing? What are they hiding? The Catoosa Police Department. The District Attorney. And now this so-called defense attorney we were forced to hire under threat of jailing our son illegally again.
When our son first told us of the arrest, the sub-prime person who had transported our son out to the Hanky Panky Trailer Park in Catoosa met us at the Naval Recruiting Station in Claremore and told the Navy recruiters that he had witnessed our son merely knock on a door and there had not been any burglary, nor any kind of crime, except for the other guy being drunk and screaming.
When the Recruiters said this burglary charge could keep our son out of the Navy, I replied that the arrest was obviously false and they could be sued for false arrest. So why did they even jail our son on such an obviously false charge? It made no sense.
One of the three recruiters was friends of the police officer who had transported our son to jail that night. In fact that police officer had dropped by and informed the navy recruiters the next day, Saturday, of our son being in jail. The head recruiter said that that police officer had told him that he did not believe our son had done anything, and that our son was a nice guy.
When I had said they could be sued for false arrest, the recruiter that was friends with the transporting police officer said to put his name on the lawsuit because he needed some money. I replied that I did not think the City of Catoosa had enough money to bother with filing suit on them. That we were only interested in clearing our son's name. Did this talk of lawsuit get back to the Catoosa Police Department or the District Attorney who filed the equally false public intoxication charge on our son to muddy the waters and impede possible charge of false arrest?
Is this why they are hiding all reports? They think they are blocking a false arrest lawsuit? Remember the so-called defense attorney we were illegally required to hire refused to show our son the reports, saying, "It would make you angry." What is in those reports? What are they hiding?
We attempted to go to our son's court hearing on the date as listed on the above slip of paper. We were stopped at the door of the courtroom by a sign on the courtroom door, and we were also told, that only defendants were allowed inside the courtroom. The attorney we hired under threat of jail, had told our son not to show up and appeared unhappy that we were there. "WHAT ARE YOU DOING HERE?" It was also the householder's court date and we were there to find out what the householder had to say. We were trying to find out why they had jailed our son. But we were not allowed inside the courtroom. Another Constitutional violation.
What is with these secret hearings? Now the the court is directly involved in the coverup of the false arrest of our son. Isn't this the way prosecutions are held in communist countries or dictatorships? Stalin's Russia? Saddam's Iraq? The Spainish Inquisition?
Here we go again. Lord have mercy. I had a secret clearance in the US Army in 1965 but I never saw anything that came close to the secrecy involved in this coverup. Why? What are they hiding?
Those slanderous reports are still on file in an official office of the State of Oklahoma. In time this District Attorney will be gone, hopefully immediately, and we will be passed on, and anyone having access to those false and slanderous reports will treat those "pack of lies" reports as gospel. We have to get those reports burned. Not expunged. The only thing done with an expunged record is the word "EXPUNGED" is stamped on the file and the file is put in a different file cabinet. The "pack of lies" record would still be there for anyone to use in case our son ever runs for public office.
All this foot dragging and nobody returning our phone calls or explaining anything to our son, we filed a complaint with the F.B.I. stating an emergency because it appeared to us that they were trying to block our son's entry into the Navy. We immediately received a phone call from the Catoosa Police Chief who said we could call him anytime. What? He would not talk to us before. I think he tried to threaten me. "WHERE DO YOU WORK?" "Nowhere". Eventually he said, "We are ready to go ahead on this burglary charge." What burglary? There was no burglary and everybody knew it.
So you see this police chief is still slandering our son by backing up the libel in those hidden reports. This police chief is lieing again. This is why that "pack of lies" has to be burned. Everything in this whole affair is nothing but lies.
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Oklahoma Statutes Citationized
Title 51. Officers
Chapter 1 - General Provisions
Oklahoma Open Records Act
Section 24A.8 - Law Enforcement Agency Records Available for Public Inspection
A. Law enforcement agencies shall make available for public inspection, if kept, the following records:
1. An arrestee description, including the name, date of birth, address, race, sex, physical description, and occupation of the arrestee;
2. Facts concerning the arrest, including the cause of arrest and the name of the arresting officer;
3. A chronological list of incidents pertaining to the arrest, including initial offense report information showing the offense, date, time, general location, officer, and a brief summary of what occurred; and
4. Radio logs, including a chronological listing of the calls dispatched.
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Oklahoma Statutes Citationized
Title 51. Officers
Chapter 1 - General Provisions
Oklahoma Open Records Act
Section 24A.17 - Violations of Oklahoma Open Records Act - Civil Liability
A. Any public official who willfully violates any provision of the Oklahoma Open Records Act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not exceeding one (1) year, or by both such fine and imprisonment.
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"Any public official"
What kind of slander is in those reports? How will those filthy lies affect our son's future when brought to light ten, fifteen, or twenty years from now? What if one day our son runs for election to a public office and his opponents ask about this burglary charge he was jailed on? Do you think our son will be believed if he replies that he doesn't even know what they accused him of having done?
Worse yet, how will those filthy lies affect our son's military security clearances in the present?
Our son's eyewitnesses were angry and would blurt out one statement but then clam up because they apparently were being threatened by the District Attorney whom they said they were calling every day. When our son called the District Attorney to find out what was going on, the District Attorney refused to talk to our son.
The further it went it became obvious to us that the District Attorney was threatening these eyewitnesses who had argued for our son the night of the attempted framing. Witness tampering committed by the District Attorney.
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Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 17 - Perjury
Section 504 - Perjury by Subornation - Attempted Perjury by Subornation
Whoever procures another to commit perjury is guilty of perjury by subornation. Perjury by subornation is a felony, punishable as provided in Section 505 of this title. Whoever does any act with the specific intent to commit perjury by subornation but fails to complete that offense is guilty of attempted perjury by subornation.
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The District Attorney is not exempted from the charge of subornation of perjury. It says "whoever". This also applies to the hanky panky police officer.
The householder who had been calling the district attorney every day, said that late in the afternoon on the day before our son's court date, the district attorney filed a charge of public intoxication on our son.
Then we received a call from this so-called defense attorney whom we had been illegally forced to hire. This so-called defense attorney said the district attorney had not filed the burglary charge but that our son would have to plead guilty to public intoxication. I replied, "But he was not drunk." The so-called defense attorney gruffly said "YOU HEARD HIM TELL ME HE WAS DRUNK"!
The so-called defense attorney had shown no interest in the burglary charge but had thoroughly quizzed our son about drinking. We could not understand at the time why the so-called defense attorney was doing that. We were only worried that the false felony burglary charge would block our son's previously scheduled entry into the Navy. Our son had been drinking only water and had been totally sober.
We remembered the so-called defense attorney accusing our son of having been drunk. "You were drunk", and "You were drunk, weren't you", to which our son had replied, "No" and "No". This went on for a long time and seemed strange to us at the time. We thought this had finally ended but later we realized that the so-called defense attorney had been trying to coax a confession of drunkeness from our son. Our worried son did not remember these accusations, saying, "He told me I had a buzz on", which we then remembered also.
"You were drunk." "No."
"You were drunk, weren't you." "No."
"You had a buzz on." "No."
On and on.
Then, the attorney said, "YOU HEARD HIM TELL ME HE WAS DRUNK!"
This shows the so-called defense attorney was trying to convict our son on a charge of public intoxication to cover for the whole false arrest. Why? To block a false arrest lawsuit? Our son's mother said this so-called defense attorney whom we were forced to hire, prosecuted our son.
Our son committed no crime whatsoever. These people who are supposed to be upholding the law put our son, and we the parents, through absolute hell. At one point our son told me he could not sleep or work or do anything because he was so worried they were going to keep him out of the navy for which he had been waiting months. These people carried this charade right down to the date of our son's previously scheduled entry into the Navy. No doubt they were going to block our son's entry into the navy. These people have to be the crookedest and lowest form of human life on the planet.
Our son refused to talk to the so-called defense attorney we had been illegally forced to hire after the so-called defense attorney had lied about our son by saying, "YOU HEARD HIM TELL ME HE WAS DRUNK!"
One day the so-called defense attorney called our home. I gave him our son's cell phone number and told him our son was at work at Stillwater Milling. That evening, when our son came home I asked what the so-called defense attorney wanted. Our son said, "I dont know. I told him that if he needed to know anything to ask my dad and hung up on him."
After that there was no communication between our son and the District Attorney or the so-called defense attorney we had been illegally forced to hire.
Then, the sub-prime guy who had transported our son out to the Hanky Panky Mobile Home Park in Catoosa, came into our house one evening, placed himself out of my arm's reach over by the front windows and said "You tell _____ (our son) to sign that piece of paper and go on into the Navy".
This definitely shows witness tampering since this person was our son's main witness. Why else would our main witness tell us to have our son plead guilty to the second false charge, except for the reason that he was being threatened by the District Attorney? No doubt the District Attorney and the so-called defense attorney sent this person into our house with this message. They were doing everything they could to smear our son and cast doubt on our son's innocence. Libel and slander.
Since our son refused to speak to the so-called defense attorney and the District Attorney still refused to speak to our son, I started looking for another attorney.
One attorney firm in Tulsa sponsors a bass fishing tournament on Lake Eufaula every November. A couple of years before this incident, two of their own attorneys had the winning bag of fish but were blocked inside a cove with houseboats by some people who thought they had the right to run everybody out of the cove. Then these owners of the cove buzzed the two bass fishing attorneys with jet skis. These two attorneys sat back and calmly took pictures of the whole show.
The two attorneys were blocked in and late to weigh-in and were disqualified. They insisted their fish be weighed anyway for the record and it would have been the winning stringer had they not been disqualified. They filed suit and collected their first place money from the house boat owners. Just taking care of business.
But when I called this law firm, thinking I would get a good attorney, they referred me to an attorney outside their firm who is a regular at the Rogers County Court House. We cannot get a decent attorney who will fight this crooked system in this judicial district. The regular old courthouse attorney we got, talked a good game and said he could not take our son's case until we got rid of the first attorney so I typed up a sheet of paper with the following. Our son signed the sheet and I hand delivered the sheet to the first attorney's secretary.
..........................................................................................................................................
January 30, 2006
(attorney's name)
(address)
Sir,
I no longer wish to be represented by you. This letter ends our relationship.
Since my mother paid twice your fee, please return $750 to (mother) at my home address or you may call (phone number) and she will pick it up.
Sincerely,
(our son)
(our address)
..........................................................................................................................................
So the second attorney supposedly took over after I advised him that our son had fired the first attorney. But the second attorney was no better than the first one. All he did was have his name put on the stinking crooked court cost document. Why did we have to pay him for this? Is this the court welfare sysem for the courthouse attorneys?? Then all he did was argue with us to keep us from getting a copy of those false accusations. We could not pay him off and get rid of him fast enough to suit us. He is just another of the old cronies down at the courthouse.
Where can we find an attorney with guts enough to fight the system in Oklahoma's Twelveth Judicial District?
On January 31, 2006, our son's mother went to the Rogers County Court House and paid the silly $100 they labeled as court costs on their equally false public intoxication charge, which was nothing but a smear to cast doubt on our son's innocence of the false burglary charge. Otherwise our son would have missed his entry date the next day into the Navy for which he had been waiting ten months. This was pure extortion committed by the District Attorney.
..........................................................................................................................................
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 60 - Extortion and Blackmail
Section 1481 - Definition of Extortion
Extortion is the obtaining of property from another with his consent, induced by a wrongful use of force or fear, or under color of official right.
Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 60 - Extortion and Blackmail
Section 1484 - Punishment for Extortion under Color of Official Right
Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed by this code, or by some of the statutes, which it specifies as continuing in force, is guilty of a misdemeanor.
..........................................................................................................................................
"with his consent" "use of fear" "Under Color of Official Right"
While trying to pay the $100, the fired so-called defense attorney was chasing our son's mother around the courthouse coordinating the extortion. When our son's mother saw his name on the silly court cost document she told the district attorney, "HE IS NOT OUR ATTORNEY. HE HAS BEEN FIRED!". This shows the extent to which the first so-called defense attorney prosecuted and railroaded our son and refused to remove his claws from our son even after he had been fired.
She said the District Attorney acted gruffly because he had to go to the trouble of getting another sheet of paper typed up with the fired attorney's name removed from the document. If the District Attorney is so over-worked, we think he should stop wasting his time and energy railroading people and covering for these rogue police officers who are making political arrests. This would remove some of the District Attorney's overload and result in better law enforcement in this judicial district. Better yet we feel the District Attorney is way overdue to leave office.
When I had previously told the first so-called defense attorney that the laws of arrest were outlined in the Oklahoma State Statutes, that there had to be a reasonable cause to jail a person for a crime, this attorney had said you can be jailed for anything at any time. Attempted murder. Evidence not required. And the judge will go along with whatever the police officer says. How did this so-called defense attorney obtain an Oklahoma Bar License to practice law without knowing the Oklahoma Laws of Arrest?
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Oklahoma Statutes Citationized
Title 22. Criminal Procedure
Chapter 3
Section 196 - Arrest Without Warrant by Officer
A peace officer may, without a warrant, arrest a person:
1. For a public offense, committed or attempted in the officer's presence;
2. When the person arrested has committed a felony, although not in the officer's presence;
3. When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it;
4. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested;
5. .....................................................................................................................................
You can be railroaded right into the penitentiary at any time in Oklahoma's Twelveth Judicial District. You dont have to commit any crime. Look at the other false arrest and malicious prosecution where our other son was convicted by a stacked jury of failing to yield to a drunk driver who was on the wrong side of the road.
The petty, libelous $100 court cost our son's mother paid in the current false arrest was divided as follows:
$78.00 ON AC01 CLERK FEES FOR (our son)
$5.00 ON AC22 SHERIFF'S SERVICE & INCARCERATION FEE FOR (our son)
$6.00 ON AC23 LAW LIBRARY FEE FOR (our son)
$1.00 ON AC31 COURT CLERK REVOLVING FUND FOR (our son)
$10.00 ON AC78 OKLAHOMA DEPARTMENT OF HEALTH/TRAUMA CARE FUND FOR (our son)
---------------------------------------------------------------------------------------------------
02-02-2006 ABST 1 (our son) (number) Feb 2 2006 9:01:58:480AM - $ 0.00
ABSTRACT SENT TO D.P.S.
We later received a letter from the court clerk that stated this had been recorded on our son's driving record in Oklahoma City. Since our son had been drinking only water, you can be arrested and charged with DUI by water intoxication in this judicial district, or, public intoxication if you are present when another person has a shot of liquor legally, inside their own home. And all this will be put on your driving record. If everybody else is like our situation then the Oklahoma Department of Public Safety has only falsifed reports on file.
And trauma care? For drinking water? What a joke.
But look at the $5.00 fee for incarceration. This is the real joke. Contrary to what the so-called defense attorney claims, A FALSE ARREST IS A KIDNAPPING. This District Attorney collects room and board expenses that kidnappers have incurred for housing their victims.
Our son was totally bewildered by his mistreatment by the Catoosa Police Department, the District Attorney and the so-called defense attorney we were forced to hire under threat of jail by this court system. Since that time our son will not even ride as a passenger through the town of Catoosa Oklahoma. He has been back on leave twice from the navy and when we pick him up at the Tulsa airport, we have to drive around the town of Catoosa. Not through.
People carried on about our son joining the military and cannot see why we feel our son is safer in the military in wartime than he would be in this judicial district. We have told our son not to come back to Claremore. That we will pay for a plane ticket to California, Ohio, or Hawaii to visit with his navy friends. Do not come back here. These horrible people will slander him so badly he wont even be able to get a job as a dishwasher.
Who files charges on these public officials for their ongoing violation of the open records act, subornation of perjury, extortion, and other criminal acts? Are they above the law? For the past two years we have been unable to get anything done about their libel and slander of our son.
You can see that the false and malicious charge of public intoxication filed by the District Attorney was only a diversion and cover for the felonious attempted framing of our son on a felony charge by the Catoosa Oklahoma Police Department. And that the attorney we were illegally forced to hire by the court system prosecuted our son.
So far on this false arrest and malicious prosecution, we have paid for three attorneys, two for our son and one for the householder, and got no where. How many attorneys does it take to screw in a light bulb in this judicial district?
At first we started making phone calls, writing letters and filing complaints because the District Attorney tried to block our son's previously scheduled entry into the US Navy. We were told by a member of the Oklahoma Attorney General's staff to contact the Rogers County Grand Jury people because they were getting so many complaints on this District Attorney and that there was going to be a Grand Jury. So we started attending their meetings.
We have found there are numerous people who have been mistreated in this judicial district. One person who is too afraid to attend the meetings or file a complaint, became upset when she thought someone had stolen the Grand Jury sign out of our yard. This person is living in fear of the officials who are supposed to be protecting her from crime.
One of the ladies at the Rogers County Grand Jury meetings said her son refused a breathalyzer test when he was bum rapped for drunk driving, because he knew the breath test was only fifty percent accurate if given in a wrongful manner. When he asked for a blood test, the arresting officer told him we are not giving you no (blank blank) blood test. So there was no test. Then the attorney who her son was illegally forced to hire by the Rogers County Court system, pled her son guilty to DUI by having her son sign a piece of paper in the private attorney's office. This is exactly what this so-called defense attorney that we were forced to hire tried to do to our son.
Apparently this is standard practice in this judicial district. According to other citizens at the Rogers County Grand Jury meetings, if these so-called defense attorneys you are required to hire do not prosecute their own clients, they will be out of work in this judicial district.
