March 1st 2020 Newsletter
Wagoner County Sheriff Department and
Wagoner County District Attorney Office
in Full Out Melt Down Model
Lawsuits Filed over Illegally Refusing Open Records Requests
Motion Filed to Quash Illegal Criminal Prosecution Pushed by Wagoner County Commissioner James Hanning in Mayes County
Wagoner County ADA Threatening Journalists
and Defendants Speaking out for their Defense
Wooley Family Persecution Case Continues to Embarrass Wagoner County Law Enforcement and Judicial System
The next four stories cover the continuing debacle in Wagoner County as the Paulsen and Wooley cases unravel causing huge embarrassment and legal problems for the Wagoner County Sheriff Department and the continuing refusal of the Wagoner County District Attorney Office to follow the law and common decency. Both departments seem to be in lock down mode and attempting to do damage control while leaks from lower level staff in both departments continue to paint a damning picture of out of control corruption and legal fraud.
Wagoner County Sheriff Department
Sued for Open Records Refusals
Once again the Wagoner County Sheriff Department finds itself in legal trouble after the department, the sheriff, the 911 department, and the sheriff's wife Judy Elliot is the target of a lawsuit over their refusal to turn over Open Records requests. Case # CV-2019-63 was filed last week in an effort to force the Wagoner County Sheriff Department and the Wagoner County District Attorney Office to follow state law.
Judy Elliot runs the 911 department for Wagoner County while her husband Chris Elliot is the sheriff. The lawsuit is over copies of documents, audio tapes, phone records, text records, and other documentation that has already been confirmed to exist through Open Record requests and lawsuits against other law enforcement agencies. Despite these other agencies coming through with the records, the Wagoner County District Attorney office continues to claim that there are no records to release.
Back in May of 2019 Tyler Paulsen and his attorneys turned in Open Record requests for all information available on the persecution of Paulsen by the Wagoner County Sheriff Department, the 911 department, and the individuals involved including Wagoner County Commissioner James Hanning's brother Arron Hanning who is employed by the Sheriff of Wagoner County. The requests were done as part of a criminal defense effort and an ongoing effort to persecute and railroad Paulsen on fake criminal charges in an effort to prevent Paulsen from defending himself in court and to cause a civil action against Commissioner Hanning to fail.
The controversy centers around a plan hatched up by Commissioner Hanning to have Paulsen arrested at Church in Eufaula by having Arron Hanning call in a request via a private phone to Eufaula claiming that Paulsen had arrest warrants out on him. Eufaula law enforcement then turned around and called the Wagoner County Sheriff Department and spoke to Arron Hanning to confirm what Hanning had just called in alleging. Of course the Eufaula law enforcement officers had no idea they were talking to the same person as the call went in over another phone system.
As the existence of the phone calls and messages has been confirmed from Eufaula, Wagoner County is in a tight spot as that is proof that they are hiding messages, phone tapes, and text messages from discovery. In one audio tape that has been released Judy Elliot is overheard telling one law enforcement officer to “Just text me.” There is an obvious policy in Wagoner County Sheriff Department to send sensitive emails, texts, and phone calls through private phones and message systems in an effort to hide the information from discovery. Yet the use of private systems for public business doesn't mean the data isn't public, it means the senders opened the door to have the data discovered and turned over.
The Wagoner County District Attorney office has become mired in the cover up as well. Despite confirming messages and call records coming in from Eufaula, the town of Adair, and Mayes County Wagoner County ADA Kim Hall has refused to turn over the requested records.
Wagoner County has been in the cross hairs after multiple persecutions and illegal prosecutions uncovered. The Paulsen case is concerns a young man being victimized by Wagoner County Commissioner James Hanning through alleged embezzlement of company funds and the resulting countywide effort by members of the Sheriff Department, local law enforcement, and the Wagoner County District Attorney office to silence Paulsen and railroad him to prison to stop the discovery of Commissioner Hanning's illegal acts. Commissioner Hanning you will recall is the subject of an OSBI probe into pedophile sexual molestation allegations by his own step daughter that came out of court depositions in the case. Wagoner County District Attorney Jack Thorpe has recused his office from the case but the case was sent over to Mayes County which is also participating in the persecution of Paulsen.
Mayes County D.A. Matt Ballard
Motion Filed to Quash Illegal Criminal Prosecution Pushed by Wagoner County Commissioner James Hanning in Mayes County
Paulsen has filed a motion to quash the illegal persecution in Mayes county over a traffic stop that was settled and fines paid before Wagoner County Commissioner James Hanning called the town of Adair and the Mayes County District Attorney and got the charges refiled. Paulsen had received a deferred prosecution on a case where a unreliable and mentally unstable person, as described by the ADA that prosecuted the case, accused Paulsen of domestic violence. Despite the case being deferred, with no felony conviction or felony record, Paulsen was accused of first being a felon out on DOC supervision in possession of a gun, then accused of violating OS. 21 Section 1283, being a felon in possession of a firearm.
When looking at a criminal case one first goes to the exact jury instructions for the felony they are accused of committing. ALL elements must be met or the case cannot be prosecuted much less convicted:
No person may be convicted of possessing a firearm after conviction of a felony unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly and willfully;
Second, possessing/(having under one's immediate control)/(having in any vehicle one operates)/(having in any vehicle in which one is riding as a passenger)/(having at the place where the defendant resides);
Third, any pistol/(imitation/homemade pistol)/(machine gun)/(sawed-off shotgun/rifle)/(dangerous/deadly firearm);
Fourth, the defendant was convicted of a felony by the [Name of Court] Court of [Name of Jurisdiction] on [Date].
And the fourth element is not met. Paulsen had not been convicted, even the Eric Jordan the ADA that was the prosecutor in that case said that the “victim” was unreliable and mentally ill but since the case had been covered by the media he forced a plea deal upon Paulsen with a deferred sentence. A deferred sentence is one where the defendant pleads guilty but the conviction is deferred and the defendant has no criminal conviction on their record. If they complete the terms of probation the charges are dismissed. The D.A. made a plea deal and gave conditions of probation that didn't include the loss of guns rights during the probation period. This was late 2016, in 2014 the law was changed to add probation to the 1283 statute, and had the D.A. known about that law change he could have included a gun ban. But he didn't and even though the law had changed the simple fact was that Paulsen had not been convicted of a felony at that time.
Indeed this same charge of being a felon possessing a gun was filed in Wagoner County and the deferred sentence was accelerated but dismissed by Wagoner County District Court Judge. The judge went so far as to state that they were attempting to violate Paulsen's civil rights in accelerating the deferred charges without basis. That didn't stop Mayes County from trying to do a favor for Wagoner County Commissioner James Hanning and filing charges in Mayes County. Once Paulsen is railroaded, he can no longer afford to fight the legal battle to prove the embezzlement by Commissioner Hanning.
Wagoner County ADA Illegally Threatening Journalists
and Defendants Speaking out for their Defense
The ADA in the Wooley case, one Marnie Hill, has sent a threatening letter to the Wooley attorneys upset that the Wooley family is going public on their persecution. The letter threatened to revoke the bond on the grandfather and grandmother claiming that confidential discovery material and DHS materials were released.
However, no discovery turned over in a criminal case is considered confidential and to deny a defendant to defend themselves after the prosecution has gone public violates the First Amendment. The only way a defendant can get in trouble is if the judge imposes a gag order on the defendant which itself would have to have serious cause, nearly impossible to come up with a reason to gag a defendant. Where it is advisable to speak out is another question but even then, innocent people generally will speak out. Once testimony and evidence has been entered into the court record it becomes public record, and anyone can visit a hearing and listen to anything prevented or go down and flip through the file at the courthouse and use anything found in the file or filed with the court.
There are DHS rules and statutes that require DHS and law enforcement officers from disclosing DHS information but private citizens and journalists are free to distribute and publish as long as it isn't for political purposes or commercial gain. In other words, don't us confidential records showing your opponent abuses his kids and get information from confidential sources, you can use any court filed information, but don't get the DHS worker to confide information.
The Wagoner County D.A. Office is feeling the heat right about now so it is not unexpected that they would panic and lash out. But they are certainly bluffing and desperate to prevent the facts of their illegal and immoral persecution of the Wooley family from becoming wide spread.
Wagoner County is one of four counties that D.A. Jack Thorpe handles and we do not expect him to have intimate knowledge of the details of these cases but it is indisputable that Jack Thorp has the power to set things right and to prevent his ADA from persecuting defendants in shoddy cases and from threatening journalists and defendants without cause.
Wooley Family Persecution Case Continues to Embarrass Wagoner County Law Enforcement and Judicial System
"When your ego, thirst to show how powerful you are, or just good old fashioned greed overshadows protecting children from sexual predators you are simply evil. Congrats.”
Wagoner County Deputy Danny Elliot is either an idiot and incompetent or a severely disturbed individual and this next story illustrates it is one or the other. Danny Elliot is the lead investigator and case agent for the criminal prosecutions against the Wooley family. Elliot has been working for the Wagoner County Sheriff Office for about ten years, prior to that he was a lowly school resource officer and had an unremarkable career as a law enforcement officer.
On the 25th of February 2019 Elliot is before a judge while the jury is sequestered explaining the quote above that he posted on his Facebook page. The judge isn't pleased, neither are the attorneys trying the case, and Elliot is being forced to explain himself. Elliot starts off claiming it is a political post in general and has something to do with a Detroit child abuse case getting probation. The lawyers aren't buying that explanation and neither did the judge in the case.
There is another post involved: "Requesting prayers that justice prevails from evil this week. Pray for truth to shine a light in the darkness so all can see.” When questioned he admits that it is about another Wagoner County case that is being tried and that he is a witness in. As a result the judge issues a gag order to prevent Elliot from further poisoning the jury.
The next day Elliot is back before the court and jury testifying in the Wolley case. We find out that Elliot is a college drop out and has taken some Cleet classes on investigating. Yet Elliot attempted to testify that he was a veteran investigator of death scenes. When questioned about how many by the prosecutor he claimed between two and two hundred cases. What an odd statement, in fact when pinned down it was more like ten cases in total with two cases being children.
And that other death case of a child? Elliot thought it was murder as well but the father was exonerated of the death. Then about a year later Elliot accused a man of molesting a man named Martinez of molesting his two daughters and was proven wrong again.
During cross examination Elliot shows his bias. When questioned about SIDS, Sudden Infant Death Syndrome he replies that it is a fictional diagnosis, that SIDS isn't real.
When questioned about what evidence Elliot had to file murder charges against the grandparents Elliot's reply is what five year old C told the SANE nurse.
Elliot doesn't do well under cross examination. He has formed the opinion that a left handed person committed the murder based upon marks on the back of the child's neck, remember those 1/4” x 184” faint red spots in the autopsy? The ones that had no slides taken to show if it was a bruise or just an artifact? Yet when pressed Elliot couldn't say why he had formed the opinion that a left handed person had done something nor if he had any training that would enable him to form an opinion.
And under oath Elliot admits that he just sent the evidence to the OSBI for DNA analysis a few days before the hearing, over a year after the alleged crime occurred. Later under cross examination Elliot claims that a mattress pad was taken as evidence and sent to OSBI. The problem being is that the mattress pad was not taken and is still in the possession of the family. The mattress pad had a large wet stain and yet it went untested despite Elliot's perjured testimony saying it was taken and tested.
What is very interesting is Elliots excuse for sending the five year old boy to Muskogee for the forensic interview and the SANE nurse examination. SANE stands for Sexual Assault Nurse Examination and according to Elliot's testimony the five year old was examined because he lived in a home of a baby that had been sexually assaulted. Yet there was no indication of any sexual assault prior to the SANE interview that was done the day after the child was found dead. Why put a five year old through that if there was no indication of sexual assault?
In the end, all the DNA evidence clears the family. No traces of DNA from the family or anyone unknown were found on or in the infant. No DNA from the couch where the SANE nurse claimed the five year old saw the infant being raped on a daily basis. No latex found, no semen, no lubricant, nothing was found. The family does have a freezer full of diapers proving the infant was passing golf ball sized hard stools on a daily basis, yet those diapers weren't taken or sent to OSBI. You have zero physical evidence; just the word of a SANE nurse that claimed she heard what the earlier forensic interviewer had failed to hear, that a five year old with a severe speech impediment made complex statements that were impossible for him to make. See the school records below that verify this fact.
Watching the hours of forensic interviews is troubling. The interviewer gets excited at one point when the five year old talks about being touched and mumbles a name. The interviewer is saying “Papa? Papa?” and the five year old yells at her “Hopple, hopple” Turned out it was a school friend named Hopper and they were being five year olds' and horsing around smacking each other in the nuts. But to sit there and bombard a kid with questions about people putting things in their butts is just weird. What kind of person does that for a living? And you know that some poor family is one word from a five year old away from being persecuted and losing everything they have and maybe even their kids and their freedom. And in this case, even if the five year old refuses to say anything happened.
Marital Waste, the Best Description Yet of Rep. Kevin McDugle
Life caught up with Wagoner County's State Rep., Kevin McDugle, along with his ugly past and even uglier future. The Oklahoma Court of Civil Appeals has confirmed a divorce judge's ruling that . Kevin McDugle committed "marital waste."
McDugle's womanizing and sexual antics are well known, he admitted in open court to being a sexual addict. And before he left his third wife Tasha he just had to find a hoochie and blow money on her before filing for divorce. McDugle for his part tried to claim that he and his third wife were already separated but the facts and the judge didn't buy it.
McDugle doesn't deny he was cheating, his only defense is that the hoocie was a cheap date and he didn't spend the thousands of dollars the judges say he spent. McDugle started flaunting his new hooccie in early February of 2017 and gave his third wife the good news around late April or early May of that year.
For her part, his third wife ought to consider getting dumped a good thing for her and their adopted kids. McDugle is a train wreck, with the morals of a sewer rat, and about as much common sense. At the very least she is much more likely to avoid getting something that a shot won't kill.
