An
American Tragedy April 2015
I’m
Richard Oehler, a retired family doctor. I’m again talking about
the case of Keith McMullin which continues to look like a rotten
onion. As each new layer is peeled away, more rot is exposed.
Let’s
review the case and add some new information.
December
2011, a 13 year old girl accuses her adoptive father of sexually
penetrating (raping) her 2-3 times per week for 18 months.
After
the delay of a week she is examined by Christine Smith at Oregon City
Children’s Clinic. Starting immediately she was also interviewed by
several sex abuse/sexual assault experts representing the police and
DHS. Her story was immediately accepted as fact under the theory that
young girls do not lie about such things. (It is a well known and
accepted fact by anyone with psychology training that the best
predictor of future behavior is past behavior. This girl was known by
family, peers, and adult acquaintances to be less than truthful.)
Her
physical examination revealed a normal hymen. An anatomical
impossibility if her story is true. (No problem was seen by all
these so called sexual assault/child abuse experts. If the physical
evidence does not fit the case, they just lie to the Grand Jury and
to the trial jury. Juries are just average honest citizens who are
instructed by the DA or judge to only consider the testimony
presented in the court room where he/she has control over what
evidence can be presented. )
No
one EVER interviewed the accused, Keith McMullin. Not even to this
date! No one ever checked his computer or home for porn or any
evidence which might support his guilt or innocence.
At
trial David Lundervold and Christy Fryett were called to testify from
the sheriff’s office. Kelly O’Donnell, employed by DHS, and
Amanda McVay and Christine Smith, employed by Oregon City Children’s
Center were also called to testify. None of these people know
anything at all about this case except what the 12 year old girl told
them. None are trained psychologists but all were extensively
questioned about the 12 year old accuser’s demeanor. No reliable
conclusions can be made from demeanor by even the most trained
psychiatrist, yet these people were allowed to imply to the jury that
they knew what they were talking about and vouch for the accuser’s
credibility.
Christine
Smith, a nurse practitioner, was even allowed to claim she was as
qualified as an MD to perform and testify about pelvic exams. She
testified that she EXPECTED normal findings. She also testified that
pregnancy proved sexual penetration. Definite proof that she is an
unqualified imposter. Certainly she is not an expert. She was not
even questioned about her training and experience in doing pelvic
exams.
Ms
Karabiecka, the defense attorney made few objections or challenges to
any of the testimony by the above vouchering and lying by these
witnesses. Prior to the trial, in a meeting with Keith McMullin and
attorney, Mark Blackmon, an experienced trial lawyer in sex cases,
turned over his files on the McMullin case to Ms Karabiecka and tried
to offer some advice on what she could expect going forward. Instead
of thanking him for his advice she pointed a finger at him and said
words to this effect, I’m now Mr McMullin’s lawyer and don’t
need your advice. Arrogant, Ignorant, Incompetent?
Mr
Blackmon had also requested that he be allowed to present some facts
to the Grand Jury before the indictment, but the DA would not allow
that to happen or there would have been no case. At the time Mr
Blackmon was terminally ill and could not handle the trial or in all
likelihood McMullin would be free today.
In
the opening phase of the trial it was agreed by the two attorneys and
the judge that no testimony by a qualified MD would be allowed to
prevent this judicial lynching. (See trial transcript page 11) I
quote the prosecuting attorney: “Additionally, there are some
statements that he is not guilty.” The judge is then quoted:
“That’s all out.” At the bottom of page 11 and top of page 12
Ms Karabiecka said and I quote: “I certainly agree with all the law
that has been cited so far. My investigator got statements from
people who are impassioned about this case and had strong opinions.
That doesn’t mean I’m going to try to elicit all of that
testimony here in trial.” She certainly did not elicit any
testimony that would help her client. She had a strong statement from
me that he was innocent and why.
I
assume that I was considered one of those impassioned people. I was
the only person with 50 years of medical experience who knew the
prosecution’s case was based on lies. I would have told the truth
which most likely would have won acquittal for Keith McMullin.
Therefore, I was told by Ms Karabiecka that if I would not agree to
commit perjury by with holding the truth she would not call me as a
witness. She stated in no uncertain terms that if I did not agree to
only answer the questions she asked, she would not call me as a
witness. I have only done a few thousand pelvic exams in my years of
practice. I had examined a few hundred recently married females who
had intercourse 2-3 times per week for at least a year. The exact
scenario the accuser described in her accusation. I NEVER FOUND ONE
WITH A NORMAL HYMEN!
Although
I have not seen a huge number, I certainly saw quite a few normal
hymens as well as variations of normal ones in the course of
examining patients over the years for various problems.
.
In
contrast, Christine Smith stated that she EXPECTED to find a normal
hymen in this case and others like it. A statement so ignorant of
fact that any person claiming to be as competent as an MD is lying.
Any person claiming expertise as a sexual assault/sex abuse worker
who blindly accepts and agrees with this incompetent statement is
also lying. So it appears that Christy Fryett, Kelly O’Donnell, and
Amanda McVay also lied under oath. According to testimony it was a
team effort to produce the 19 page report submitted by Christine
Smith.
There
is a well known statement that those who fail to study history are
bound to repeat it. According to Ryan Scott, in his analysis of this
case, other similar cases had already been decided here in Oregon.
Medical studies cited in his letter and in one of my you tube
presentations also were readily available to the officers of the
court, Judge Jones, Stacey Borgman, and Heather Karabiecka BEFORE the
trial. Was it arrogance, ignorance, incompetence, or malice which
made all these licensed legal experts fail to even attempt to
understand the issues involved in this case. This case had very
little to do with child abuse, BUT it had everything to do with a
basic understanding of human sexual anatomy and reproductive
physiology. None of the persons involved in this case have
demonstrated that they have a clue about such matters but all were
eager to send an innocent man to prison by lying under oath as
witnesses and officers of the court.
Our
appeals court system then accepted these lies and affirmed the
conviction. A new lie by the reviewing attorney was even added to the
file. She was well aware of the medical lies by a letter from me and
contact by at least two attorneys who talked to her about the case
before she filed her report to the appeals judges.
The
Innocent Man by John Grisham, the well known fiction writer,
investigated this real life Oklahoma case of an innocent man who was
4 days from execution before a judge finally took time to review the
lies told by the prosecution. He was subsequently freed after 17
years on death row. A broken man driven insane by his ordeal who died
shortly after his release. Another book Until Proven Innocent by
Stuart Taylor Jr and KC Johnson was written about the Duke University
LaCrosse players falsely convicted of rape in North Carolina.
.
Both
of these cases have striking similarities to Keith McMullin’s case.
Lying court officers and witnesses are responsible for all three
convictions.
In
both of these cited book cases irresponsible media reporting played a
huge role. In the McMullin case our media has also been
irresponsible. They have completely failed to even report on this
case in spite of several letters being sent to their investigative
reporters. So Keith McMullin has spent 2 years in prison and faces at
least 2 more years as his case slowly wanders through the maze of
judicial proceedings.
Here
is an open invitation to any reporter and to the court officers and
witnesses named by me in this report. I also include the appeals
court judges and Atty Gen Ellen Rosenblum. I will give $5,000
(dollars) to the first one who can prove by valid medical studies and
/or sworn statements by competent MD or DO family doctors or OB-GYN
specialists these three lying statements made to the jury in this
case are not lies.
Lie 1. Pregnancy proves sexual penetration. Christine Smith trial
transcript pg 311 (I am not referring to artificial insemination
which does not require human penis sexual penetration.)
Lie 2. An 11-13 year old girl sexually penetrated by an adult male
penis 2-3 times per week for 18 months and examined within 1-10 days
of the last penetration would be EXPECTED to have a normal hymen. C.
Smith tt pg 312
Lie 3. The whole hymen business is a myth. All sexually active teen
agers have normal hymens because our bodies are designed to have sex
with one another. Stacey Borgman tt pg 625 Ms Borgman now has the
honor of rewriting the text on human anatomy known to doctors for
over a century. All she need do is prove her lie.
#1 and #3 are so obviously lies that there can be no question. Only
an incompetent, ignorant, unqualified “expert” would say “yes”
to #1 and # 2. No qualified MD or DO would display their ignorance
by saying “yes” to these three lies.
.
So
my fellow citizens and especially members of the media, would you
like your fate in court decided by these arrogant, ignorant,
incompetent liars? I certainly would not.
Atty
Gen Ellen Rosenblum and the Oregon Board of Appeals judges have
upheld this conviction apparently approving of perjury by the DA’s
office. If only the lies are given to them for review there appears
to be little hope that the Oregon Supreme Court or even the US
Supreme Court would reach a different decision unless there is some
judge some where out there who has an interest in justice, uses some
common sense, and gets competent medical advice before rendering an
opinion upholding this false conviction.
There
are four possibilities of help for Keith as I see it. I hope there
are more.
1
The FBI investigates the case as a civil rights violation of Keith
McMullin's right to a fair trial. Perjury by the prosecution must be
criminal misconduct.
2 A
judge as I mention in the above paragraph takes a real look at the
lies used to convict an innocent Keith McMullin.
3
The Media brings to light this judicial lynching by Judge Jones et al
in Clackamas County, Oregon. Unless there is some reporter or news
outlet with the integrity and moral courage necessary to report this
atrocity there will continue to be more just like it.
4
The citizens of Oregon as well as the US become involved in seeing
justice is done in all cases and appropriate punishment is meted out
to those disregarding their sworn duty to uphold the law. A complete
overhaul of DHS needs to be part of the process. Who investigates the
conduct of a Grand Jury and the Oregon Court of Appeals?
Until
I take my last breath, I will continue to expose those who lied under
oath. I hope you my fellow citizens will help. Any one of you could
be the next Keith McMullin.
Richard
H Oehler MD You Tube An America Tragedy Richard Oehler
6831
SE Brownlee Rd freedomforkeith.blogspot.com
Portland
OR 97267 Clackamas Co Circuit Court case #12-004-00
503-659-6831 oehlerdick31@gmail.com
copies
to:
FBI
KATU KGW
KOIN KPTV
Oregonian
Pamplin
Media Group
