An American Tragedy   Richard Oehler                         February 3, 2015

A new introduction with some new information   February 2015

Child and domestic abuse has many faces. This once happy couple represent another face in the world of abuse. This family was torn apart by the lies and misconduct by DHS and our Oregon court system. His accuser has now admitted lying.

My name is Richard Oehler, I am a retired family doctor. This is the case of Keith Allen McMullin who started his third year in prison on Feb 1, 2015. He is in prison because of the incompetence and/or corruption existing in the Clackamas County Oregon Circuit Court system and DHS. He is completely innocent of the crime for which he is imprisoned.

After viewing this You Tube go to the 4 previous You Tubes (same name) and Blog (freedomforkeith.blogspot.com) for more details. Total You Tube time is a little more than 30 minutes.

Let’s start with Heather Karabeika, his court appointed defense attorney. Now a judge.

1 I was subpoened to be a witness. She never talked to me before the trial. Shortly before I was to be called to the stand, Ms Karabeika talked to me in the hall and told me that if I would not promise to answer only the questions she asked she would not call me to testify. I stated that I would be under oath to tell the truth, the whole truth, and nothing but the truth so help me God. She had my statement that I knew Keith was innocent and why. Why was she asking me to lie under oath by withholding truth which would free her client?

2 During the trial she called no expert medical witness. She did not question in depth the qualifications of the State’s medical witness, a nurse practitioner. She did not question an absurd statement and the opinion reached by this person who claimed to be as expert as an MD.

3 Why did she not strenuously object to the vouchering by the State’s witnesses?

4 Before trial Ms Karabeika was given information to help her handle this case by another attorney who had defended a similar case. Did she use that information to help prepare Keith’s defense? To me it appears this woman sacrificed Keith McMullin’s freedom for her own selfish reasons. Incompetence or criminal negligence?

 Next, let’s look at the performance of the presiding judge, Jeffrey Jones. My understanding is that the judge, the defense attorney, and the prosecuting attorney all are officers of the Court and as such are under oath to see that justice is done to the accused as well as the accuser. Withholding evidence and using or allowing perjury to convict an innocent person is a clear violation of this trust. Incompetence or criminal negligence?

1 Why did he decide a 10-2 verdict was okay to decide the fate of Keith McMullin who was facing 50-100 years and death in prison if convicted of the crimes for which he was being tried? The prosecution asked for 50 years. Crimes for which the resulting conviction average sentences of  7-12 years require a 12-0 jury verdict.

2 Why did this experienced judge allow vouchering by the prosecution? He and the two attorneys agreed before hand to NOT allow the defense to furnish evidence to refute testimony/evidence by prosecution witnesses. The fact that testimony was evidence was emphasized to the jury by the prosecution and the judge. Is not the only way to discredit false evidence the introduction of true evidence?

3 During the trial, the jury and officers of the court asked 29 times on record that witnesses speak up so their testimony could be heard. The worst problems were the first day when the accuser was testifying and the day the medical witness was on the stand. There was construction noise that day. Technology was used to record the trial. Why was a microphone not used so the jury could hear the witnesses? There might also be less mistakes in the trial transcript if the transcriber was able to understand the witnesses.

4 In his remarks before sentencing, Judge Jones complimented the attorneys on their professionalism. Many ordinary citizens untrained in the law recognized the incompetence of  Ms Karabeika during the trial. On reviewing the case after trial, an attorney pointed out that Keith had ineffective (meaning incompetent) lawyering.  A second lawyer who reviewed the case agreed. Why did judge Jones praise an incompetent performance as professional? Might he be incompetent also?

 Ms Rosenblum, the Oregon attorney general, stated to the appeals board that she felt the verdict should be upheld. When I had asked her office to investigate this miscarriage of justice 2 years ago, she replied that her office had nothing to do with decisions made in county courts. It appears she has a lot to do with recommending whether circuit court decisions should be upheld.

The competence of DHS has been frequently questioned in Oregon. In this case they had investigated the McMullins for years. They fostered 29 children and had adopted 4. His accuser claimed she was molested since entering the home at age 4. So for 8 years these child abuse experts had been visiting the home and interviewing the children. No problem with abuse was ever recognized. However, when the accusation was made, several DHS abuse experts suddenly claimed great expertise as child abuse experts recognizing the “demeanor” of this girl as an important factor in their determining her credibility on the basis of a 15 minute interview with her. NO ONE interviewed Keith McMullin to determine his credibility. It is interesting to note that in their files before the trial, DHS had at least 2 instances of this accuser lying to them. They also had in their possession a facebook or email the accuser had sent to a peer calling her filthy names and using the f word repeatedly. Not exactly the sweet naive child they portrayed her to be at the trial. Criminal tampering with evidence?

At this date the accuser has already admitted to at least 2 peers that she lied but can’t tell the truth because she would be in a lot of trouble. So this young girl has now really become a victim but her abusers are all these so called DHS sex abuse experts and officers of the court. She will live with her lie until this case is reversed or her conscience finally tortures her enough to admit her lie to authorities. Claiming to recognize credibility on the basis of demeanor is bogus and any who believe they possess this type of mind reading ability are frauds. Incompetence or criminal behavior?

 At  trial these DHS experts and the prosecuting attorney stated to the jury that they found her credible and that young girls don’t lie. Apparently none of them read the papers or ever see the news. Just recently in Wisconsin two 12 year old girls stabbed a friend 29 times and left her to die in the woods. There have been several shootings and killings by 12 year old boys. Young girls and young boys do kill, stab, and shoot people. They also lie about many things. The judge had letters from over 30 people who would testify that they knew the accuser to lie and that Keith was known for his integrity. The judge chose to believe that 30 fathers and mothers would lie under oath to protect a child abuser but the accuser would not lie!

Right now this case is in the appeals process. Even that process is flawed when the panel is not given truthful and accurate information. Had the Grand Jury been given the truth, this case would never have gone to trial. Had the DA studied previous cases like this, he might not have presented it to the Grand Jury. Had the trial jury not been lied to, Keith would not be in prison.

Keith McMullin and other innocent people will continue to suffer in prison until this system is changed. Here are some things  I believe need to happen.

            1 The FBI needs to investigate the denial of a fair trial by overzealous incompetent judicial persons here in Clackamas County.

            2 Honorable judges and lawyers need to step up to see that this type of case which dishonors their once noble profession does not continue to happen. The Oregon Bar Association needs to be involved. Truth and justice need to be the goal of all trials, not winning by lying.    

            3 The news media is constantly crying about freedom of the press. With freedom comes responsibility. Responsible reporters need to investigate and report incompetent and/or criminal conduct by officers of our court system. Several requests to investigate by me have gone unanswered. Domestic abuse and child abuse are horrible crimes. A worse crime is the imprisoning of innocent people.

So far nothing has happened and NOTHING WILL HAPPEN until you, Mr and Mrs Average Citizen send this You Tube to every person you know world wide.

Second, YOU and all your friends need to contact every news outlet and ask why they have done nothing to investigate this judicial crime.

Then personally contact every doctor and lawyer with whom you are acquainted and ask them to look at theseYou Tubes. Both professions have a huge stake in truth.

Finally and most important.DEMAND OUR ELECTED POLITICIANS GET INVOLVED. The problem in this case actually starts in the governor’s office.

Write to them, call them, email them, facebook them, twitter them and personally talk to them. Until Keith McMullin and other innocent victims of this type of judicial crime are freed, none of us can feel safe to enjoy our constitutional right to life, liberty, and the pursuit of happiness.

So take another long look at this ordinary mother and father who wanted nothing more than to love each other and their family. They recently “celebrated” their 25^th anniversary praying for justice. Walking free are the real abusers.  DHS, officers of the court, and nurse practitioner, Christine Smith, had an obligation to study this case before trial. They KNEW or SHOULD HAVE KNOWN that Keith McMullin was innocent. The facts in the form of previous trials and medical studies were all available to them before the trial. They chose to ignore the truth and lie. Why? Are they just ignorant and incompetent or do they just have contempt for the rights of innocent people?

Mr and Mrs Average Citizen you decide. Either decision makes them unfit to preside in a courtroom where justice for all is supposed to be the goal of all. Then TAKE ACTION!

Freedom for Keith from these vicious charges by judicial and DHS persons gone rogue must be accomplished. HE IS INNOCENT!

Thank you for helping Keith McMullin and his family, victims of a true American Tragedy which is the prostitution of our justice system.

Richard H Oehler, MD            You Tube An American Tragedy Richard Oehler

6831 SE Brownlee Road                      freedomforkeith.blogspot.com

Portland, Oregon 97267

503-659-6831                                                                          oehlerdick31@gmail.com

!