To: Investigative Reporters at KATU, KOIN, KGN, KPTV, Oregonian,
and Pamplin Media Group
November
21, 2014
Conviction by a jury of our peers sounds great. However, the
jury has only the testimony of witnesses to determine guilt or innocence. They must
rely on the witnesses being truthful. They must also realize that both the
accuser and the accused could be lying. Ten jurors believed the prosecutions
lies, two did not.
In child rape cases the accused is presumed guilty by the
judicial system. That is one reason there are so many innocent people in
prison. The case of Keith McMullin is a perfect example. The difference is in
his case there is evidence that proves his innocence. You need to look at that
evidence with an open, inquiring mind. Don’t blindly accept the prosecution’s
version and interpretation of the evidence nor the prosecutor’s statement that
young girls don’t lie.
1. All
state witnesses had no knowledge of the case other than what the accuser told
them. None had bothered to interview Keith McMullin. The judge allowed them to
testify that they believed the accuser. The judge did not allow any one who had
known her for years to testify that they knew his accuser to be a liar. No one
was allowed to testify that Keith had a reputation for truth.
2. The
medical expert was a nurse practitioner who made completely false statements.
Even the study which she cited as the basis for her opinion she misunderstood
or chose to misinterpret. She withheld the critical information which proved
the innocence of Keith McMullin.
3. His
lawyer, Heather Karabiecka, is incompetent or just plain uncaring about her
responsibility to her client and to the legal system which she has sworn to
uphold. She failed to call a medical expert! You do not need a law degree to
know that Keith McMullin’s PROOF of his innocence rested on the medical
findings. She did not question the expertise of the nurse practitioner. She did
not even ask the so-called expert to explain the study which was the basis for
her medical opinion! The study stated that if found normal within 2 weeks of
the last alleged penetration, the girl was in the category that sexual
penetration did not occur within that 2 week period. She did not ask the expert
to explain other medical studies which plainly disagree with the conclusion
this “expert” gave the jury. Ms Karabiecka appeared clueless about the medical
issues in this case. I personally believe she did not even read the study cited
by the witness! It is perfectly obvious she did not look at and use other studies
to help in Keith’s legal defense of this rape case. Her performance in this
legal case is comparable to a surgeon amputating the wrong leg in a medical
case.
4. Remember
the accusation: A petite 11-12 year old girl was sexually penetrated 2-3 times
per week for 18 months by her adult male father but had a normal, intact hymen.
If the accusation had been a one or two time penetration weeks, months, or
years before, the hymen could be healed and appear normal. Think of this
comparison. The ankle has ligaments supporting the joint composed of connective
tissue. If you turn your ankle one time, stretching but not tearing the
ligaments, over a period of time the tissues heal and return to normal.
However, if you turn your ankle every week for 18 months the ligaments will be
stretched or torn badly enough that no one would expect that ankle to be
normal. Think of the hymen which is also connective tissue in a similar
fashion. A one time stretching or even tearing of the hymen by vaginal
penetration will probably return to normal with adequate healing time. Repeated
vaginal penetration over 18 months up to the time of the exam as charged in
this case will not leave the girl with a normal exam as the prosecution told
the jury was EXPECTED in this case and others like it.
5. So
it is mandatory to approach this case with an open mind. Timing of the medical
exam is critical in every case. The jury system works only if witnesses tell
the truth and the defense attorney does their job. When the state witnesses lie
and the defendant’s attorney does nothing to counteract the lies, we have
innocent people like Keith McMullin sent to jail. We are all victims when over
zealous people think that sending 10- 15 % of our innocent citizens to jail is
okay just to make sure we incarcerate the criminals. Interview Keith’s wife and
two young sons if you want to hear victims of this senseless prosecution.
6. If
any of you investigative reporters have medical questions about this case, I
will be happy to answer them. This case will not go away as long as I still
have breath. Truth will eventually be told.
As you investigative reporters celebrate a happy
Thanksgiving with friends and relatives, say a prayer for Keith and his family.
Give thanks that you are not in prison. Any one of you is one false accusation
from prison.
Richard H Oehler, MD Keith
Allen McMullin case # 12-00400
6831 SE
Brownlee Road Clackamas
County Circuit Court
Portland,
Oregon
97267 You tube: An American
Tragedy Richard Oehler
503-659-6831
freedomforkeith.blogspot.com
Before sending this I included this hand written note:
This could be a smoke screen, but it could be the truth. A
little possible logic. Why would a retired physician risk being sued for libel
by a judge, Jeffrey Jones, an attorney (now a judge) Heather Karabiecka, and a
nurse practitioner, Christine Smith, unless he knew what he was talking about?
Think about it.
