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.

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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.

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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.

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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:

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