An American Tragedy   In My Opinion                            January 30, 2014

On January 27, 2013 Keith McMullin was handcuffed and hauled off to prison for a crime he did not commit. On January 22, 2014 there was a column in the Oregonian concerning Gary Haugen, the admitted killer. In it Governor Kitzhaber was quoted criticizing capital punishment February 23, 2013 as “morally wrong” and argued that Oregon’s system “fails to meet basic standards of justice.” Our governor seems unconcerned about perjury and incompetence in our court system allowing conviction of innocent citizens but shows great concern for an admitted murderer. How is this morally right and how does this meet basic standards of justice?

It is, I believe, an accepted standard that ignorance of the law is no excuse. It is my opinion that Christine Smith, the “medical expert” in Keith’s trial, committed perjury. Was it knowingly or ignorantly? Whatever the reason, he is in prison because of it.

She testified that she was as qualified as an MD to perform her job. She then testified that in her expert opinion she EXPECTED the hymen of an 11-13 year old petite girl to be normal after being raped with penile penetration 2-3 times per week for 18 months. Stacey Borgman, the prosecuting attorney, lied about physical evidence, the intact hymen. She  stated that the whole hymen business was a MYTH and that all sexually active teenagers had normal hymens because our bodies are designed to have sex with each other!

In my 50 plus years of medical experience, these are the two most ignorant statements purporting to be medical facts that I have ever heard. If either or both statements were made to a conference of family doctors or OB-GYN specialists, the speaker would be laughed off the rostrum.

It is my further opinion that any DHS worker in the sexual abuse/sexual assault field who accepts such stupidity as fact should be immediately removed from this department. Note that all members of the sex abuse team testifying in this case relied completely on the testimony of the accuser. They all contributed to and accepted the 19 page report submitted by Christine Smith.

You are a doctor, Governor Kitzhaber, are you paying attention? This is 1^st or 2^nd year medical school anatomy and physiology. It should also be basic knowledge for any police and DHS workers in the sexual assault field.

It is my opinion also that anyone who is so ignorant of such basic medical factors should not accept such a case. However, these attorneys and this judge have no excuse for such ignorance. Readily available to all three are past legal cases covering these very issues. Did these three check on these cases? If they did, why did Heather Karabeika, an experienced defense attorney, not obtain a medical witness to counter the perjury of Christine Smith? Why did she just accept her as a medical expert? Why did she not question Ms Smith about her training and knowledge of human sexual anatomy and her understanding of human reproductive physiology? Why did she fail to question her in detail about the Kellogg study? Why did both Ms Karabeika and Ms Borgman blindly accept an expert opinion which had been proved invalid in previous cases?

Judge Jeffrey Jones went on to compliment the two attorneys on their professionalism. He is an experienced judge. Why did he lie? He had to know that Ms Karabeika should be censured and perhaps disbarred for her handling of this case. This judge also had a court room so inadequately set up that there were 23 requests for people to speak up so the jury could hear. In the transcript certified by the court reporter there were numerous references to the coffee shops run by Mr McMullin. He never ran a coffee shop. It was a copy shop. How many other misunderstandings are part of this record? There are some sentences which make little sense. Are any of them major errors? I hope not, but we will never know.

This judge also allowed the prosecution to use witnesses to testify that they believed the accuser. The accused was denied this same opportunity. Why did he allow this and why did Ms Karabeika not object?

Judge Jones, if you had been the defendant in this case and sent to rot in prison, would you have complimented Ms Karabeika on her professional handling of your defense? You also had to know at the time of that statement that Ms Borgman lied in her closing statement and the medical expert had lied under oath. Would you feel you had a fair trial?

Ms Karabeika, if your husband, father, brother, or friend, were the defendant, would you have failed so miserably to defend him?

Ms Borgman, if your husband, father, brother, or friend, were the defendant, would you have used perjury and a lying closing statement to convict him?

As I have stated in the past, I have many friends who are lawyers and whom I hold in high regard. You three represent to me the reason the legal profession is held in such contempt by so many Americans.

It is my hope that the three of you will find some other area of law to pursue. You are all officers of the court sworn to defend the rights of all citizens. Yet by your ignorant, incompetent conduct you were willing to destroy the McMullin family.

  

This trial was a sad day for the legal profession and all citizens of our state but a much sadder day for the McMullin family.

Richard H Oehler, MD

freedomforkeith.blogspot.com 

Here is the letter to the governor shortly after the trial.

February 23, 2013

Governor Kitzhaber          Re: Circuit Court judge candidate Heather Karabeika

Today I am writing to oppose the appointment of Heather Karabeika as a circuit court judge. She was the court appointed defense attorney for Keith McMullin.  She had an excellent chance of winning his case but was so ill prepared to question the so called “medical expert”, a nurse practitioner, that she blew the case.  I also do not understand how a nurse practitioner can be qualified as an expert on medical matters that she does not explain to the jury truthfully. 

Thank you for your consideration in this matter.

Re: Keith Allen McMullin  case # 12-00400

I am also including my testimony/evidence which would have explained to the jury that the accuser’s story was medically impossible.  The “medical expert” disproved it by her exam which found a normal hymen in a young girl who testified she was raped repeatedly over a 2 year period by her adult male father.

You already have in your possession numerous testimonies by the accuser’s peers and also adults that the accuser is a known liar.  Do you think all of us are lying and only the accuser is telling the truth? The judge, the DA’s office, and the DHS people apparently think so.

How can any honest citizen respect a court system which refuses to allow an innocent person to present the evidence that proves he is innocent? How many other innocent people are in jail throughout the country if this type of corrupt court system is wide spread?

Perhaps this should be referred to the FBI to investigate the violation of this man’s civil rights by the judicial system which is supposed to protect us from unlawful imprisonment.

There are many victims in this case.

1. Keith McMullin  He is in prison for 25 years.
2. His immediate and extended family.   Especially his mother.
3. His accuser and other young accusers. They now know that they can lie with impunity.
4. The jury who wrongly convicted an innocent person because they were lied to.
5. The judge, prosecutor, and defense attorney who gave away their honor and integrity to convict  and imprison a man they knew was innocent  Where is their moral compass?
6. The State of Oregon  We, taxpayers, paid for all the wrong doers. We need to demand better performance from these public employees and insist they be held accountable.

There are many wrongdoers in this case. 

1. DHS who covered up the truth and withheld evidence which would have proved his innocence.  The behavior of DHS in this case is especially egregious.
2. The judge and prosecuting attorney who conspired to suppress any testimony/evidence which would help the defendant.
3. The court appointed defense attorney who failed to prepare to defend her client from the vicious charges.
4. The police and the DA’s office for failing to collect and preserve evidence which would have helped an innocent defendant.

Richard H Oehler, MD

6831 SE Brownlee Rd

Portland, OR  97267