An American Tradgy continued

 Was this case corruptly handled or was it truly ignorance and incompetence by the judicial system and DHS?

Keith McMullin was falsely convicted on Jan 27, 2013. Here is the letter I wrote and sent to those named plus the DA, John Foote. The only info I had at the time was that reported to me by a friend who was in the courtroom. I was excluded because I was to be a character witness. I was allowed in only to hear Keith's testimony and the closing statements by the two attorneys.

Witten to the Oregonian Opinion column

Trial By Liar

I just read the submission by Janet Hoffman in the Oregonian My Opinion Column dated 1/26/2013 concerning effective counsel. One of my friends was just convicted of child sexual abuse and is to be sentenced on February 1 to death in prison.  The only problem, he is innocent.  I’m quite sure the main reason he was convicted is because the expert witness, employed by the state, lied to the court.

The only evidence presented was testimony by the “victim,” a 13 yr old girl with a history of lying.  The “victim” was examined by the DHS/prosecution expert with completely normal results: meaning no physical evidence of trauma or abuse.

The qualifications of this “expert” are questionable to testify on medical matters.  The judge, prosecuting attorney and defense attorney were not astute enough to realize her ignorance on the subject or to question her opinion properly.  She lacked the basic understanding of human reproductive physiology and anatomy of human genitalia that any first year medical student and probably a lot of other science majors and even some high school students possess. I can prove with absolute certainty in 5 to 10 minutes of testimony that the “DHS expert” lied either through ignorance or malice.

The defense attorney introduced no witnesses to testify that the victim lied in the past although several were subpoenaed and available.  I understand that these testimonies may not have been permitted by the judge.  So how can the defendant refute her testimony/evidence? He can’t. Making a defense is impossible. Note: DHS knew that the victim had lied to them in 2009.

Based on the victim’s testimony only, the adoptive father will be sentenced to death in prison. This case will end up costing the state millions on appeal. It has already cost this man his family, his business, his home and community standing. Don’t compound this by murdering him.

If you are a man accused of sex abuse, you are guilty until you can prove your innocence.  It appears DHS will railroad you to prison with the complicity of the judicial system. This is justice Oregon style.

I am an 81 year old retired family physician with 37 years of active practice and over a year of missionary service. During that time frame I performed 1500 to 2000 pelvic exams but apparently his defense attorney did not deem me qualified to give medical testimony. I was scheduled and subpoenaed to testify to his character but was never called.  Although I am not a qualified forensic pathologist, I have done enough rape exams to know that no rape protocol was followed in this case.  The investigation and the examination of the victim do not comply with medical or ethical standards.

Referring to Ms. Hoffman article, she states “…the cost of our system of justice—a system that protects all individuals against unchecked excesses of government prosecution.”  This case is a perfect example of excessive, unfettered prosecution of an individual with no help to defend himself.  The state failed to perform any meaningful investigation by DHS and the judicial system.  As citizens we entrust our fate to them when charged with a crime. Any other innocent men convicted of sex crimes should have immediate review of their cases.  This 16^th century type of witch hunting and burning at the stake must be stopped and modern day Trial By Fire ended.

Submitted by: Richard H. Oehler MD

January 27, 2013

Oregonian

Judge Jeffery Jones

Governor John Kitzhaber

State Bar Association

State Medical Association

I placed a sticky note on the copy to the governor as one physician to another pointing out to him the medical fact that the hymen of an 11-13 year old girl will not be normal if she has been raped by an adult male 2-3 times per week for 18 months. Just a short time before he had suspended the execution of Gary Haugen, the admitted killer, because our governor doesn't believe in capital punishment. So for a guilty murderer our governor takes time to study the case and set aside his duty to enforce the laws of our state but for an innocent citizen he doesn't have time to think for 5 minutes and ask for an investigation of DHS and the Clackamas Circuit court.

After 5-6 months when the transcript of the trial became available, I was even more convinced of the completly ignorant medical facts presented to the jury in this case.  

Thanks for listening to the truth. More to come in the near future. 

Richard H Oehler, MD       January 13, 2014