Sign Donny's Petition! Go to: http://pac.petitions.moveon.org/sign/free-donny-claunch/
JUSTICE FOR THE FORGOTTEN ONE
The Story of Donny G. Claunch
Would God forget the innocent ones? Would He turn His back on any of His children? God wants all of His children to show their Love - Understanding - Compassion for this innocent man who has been forgotten.
Donny Gene Claunch has become the forgotten one. Society has forgotten him, his family, and friends has forgotten him, justice has forgotten him. Most of all, God hasn’t forgotten Donny Gene Claunch. God walks with Donny each day and has for 35 years.
Bad people have put Donny away for things he could not imagine ever doing. God has had Donny on a journey to see if God’s children would have the love to help this man. The understanding, that he is not capable of committing these crimes, and the compassion for his suffering.
God built Donny with a heart like no other. Donny does not have the ability to hate, get angry, or judge. God allowed Donny to be put in a place of evil with a heart that knows only Love, Understanding, and Compassion. The qualities He wants all of His children to have. Donny has survived for 35 years in a place where it takes violence to survive, yet he’s survived because he put his safety in God’s hands, and never once questioned it. God could easily snap His fingers and Donny would be FREE. But if He did that, what would his children learn? This is God’s test to all of His children. Will you fail God by forgetting Donny or will you live by God’s Commandments and show Him L.U.C. as God teaches? Donny lives God’s word daily. He is a teacher and has saved many lives since being in prison. Donny does not forget anyone and will not turn anyone away who is in need.
Would you want God to forget you, if you were in need? Donny needs your help. He needs fund for an attorney. He needs support with signatures on his petition, he needs letters sent to the parole board for parole. Be one of God’s warriors and help Donny and Cyndi move this mountain which can only be moved with your Love - Understanding - Compassion for an innocent man.
God does Bless you all.
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This is a tragic story of a how an innocent man was stripped of his freedom for no other reason than revenge. He was held against his will for crimes he never committed. Tried, convicted and sentenced for these crimes in a court having no jurisdiction over this case at all.
The cases against this man was fabricated by two very biased County Sheriffs who committed numerous violations of the law. Such as illegal searches, illegal polygraph testing, false imprisonment, perjury, staging fake crime scenes, stealing evidence from crime scene and planting it at another, fabricating witnesses, fabricating evidence, fabricating statements, reporting false crimes, misplacing witnesses, refusing to turn evidence over to the lab.
All this corruption unfolded and is clearly in the record where it was plainly seen by District Attorney Kay Huff, District Judge Joe Shumate, Special Judge Sam Goodwin, and Donny Claunch’s own Defense team Mr. Robert A. Jackson and Daniel K. Zorn.
As you read these transcripts you will see that all these officials knew that these Sheriffs were setting Donny up and planting evidence against him. Why didn’t any of them stop it and protect Donny’s Rights? They didn’t because they were all conspiring together to strip Donny of his freedom. All of these officials of the court had a sworn duty to make sure Donny received Due Process of Law, yet not a one of them gave it to him. Why?
This type of injustice must not be tolerated in our society if it is allowed to remain as is and Donny made to stay in prison, then no one is safe from such a Corrupt Legal System. This miscarriage of justice must be brought out and cleaned up. Will you as a free society let these corrupt officials get away with this injustice done to an innocent man? Or will you stand up and demand Donny’s release? And restore the protection clause of our Constitution?
Let’s not let this happen to one of our loved ones or to us ourselves. Make these officials held accountable for their actions as they surely would make you accountable for yours.
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To My Children:
I write this to you because I love you so much, and I am so proud of you. There are so many fathers that don’t care about their children. I am not one of those fathers. Every day of your life you have been in my heart from the moment you were born, I have been a proud father. Not one moment have I ever not wanted to be in your life. I don’t care how old you get, you will always be my boys. I know that I am not a young man any more, and there isn’t any guarantee how long I’ll get to stay on this earth. But most of all, I would really love to get to know you guys and be in your life. To know your children, my grandchildren, but I do understand why you don’t want to have anything to do with me or have your children have anything to do with me. This I fully understand, but don‘t agree with. Who would want a murdering, raping monster in their life or in their children’s life? But, I am not that monster.
I know its going to take a lot of convincing to show you guys that I am not the murdering, raping monster they made me out to be. The reason I haven’t been able to do so sooner, is it has taken me over 33 years to gather the records to prove my innocence, and that I am not what they say I am.
I am writing this to let you guys know that I did not leave you of my own free will or by choice. I know that you believe what the newspapers said about me and I know that you believe what the county Sheriff said I admitted to. The reality of life is that most all people believe the newspapers and especially they believe the police officers when they say something. This is just how it is. Do you guys not believe what they said about me? If you look back now at the cases that are getting over turned from the 1970’s and 1980’s, you will see a pattern of corruption, lies, misconception by the police. Not all police are honest, some are bad and do set innocent people up. That is just what happened to me.
You guys were so young when this all happened and you had to grow into the reality of your dad being accused of being a murdering, raping monster. This I know must have been very difficult for you to have to deal with. I am so sorry, that you guys had to go through that. When I tell you my story, I pray that you will listen to not just my words, but the words of the ones who accused me and put me here. In their words are the truth about me. If only you will listen to those words. After ready my story, if you still believe the police and the newspapers were honest about what they said, and if you believe your dad to be the murdering, raping monster they said I was then I will respect your opinion. But I will never, Sons, never give up my fight to win your love and respect. A father who truly loves his children, never gives up hope of one day winning back the love that was stripped from them.
Sons, when I came to prison there was a custody battle between me, your Uncle Mike and his wife. They fought to get full custody of you guys. I was asked to sign my parental rights to you away, so they could get full custody. I refused to ever do that. Sons, there is no way I would ever give up my rights to be your dad, you’re my Sons. I’m honored to be your dad. My love for you boys is so strong that it rips my heart apart to know that you hate me for no reason. I am suppose to be a strong man, especially in this place, but inside I cry for my children. For their acceptance, love and respect. I have missed out on so much with you boys, playing catch, watching you grow up, first dates, just being there for you. But what hurts me the most is what you boys had to do without; a stable home and a father.
You may think bad of me, but you have always had my love and respect. I am so very proud of you boys. When our custody battle was over with, Mike and his wife won temporary custody of you boys. I was granted: writing privileges, calling privileges, and once a month visitation rights with my parents being able to bring you guys up to see me. Mike and his wife allowed my parents to bring you guys up for a couple of months. Then all of a sudden, Mike moved you guys around and we couldn’t find you. My parents looked every where for years, but they couldn’t find you. If you could only know how that broke my spirit. But God gave me the strength to go on. To continue my fight for you. So we continue to look for you, Donny and Timmy. I want you to know that my love for you cannot be denied, rather you accept my love or reject it. The fact is, I will never stop caring or loving you boys, it won’t happen. Rather you like it or not, you have to realize there is one person in this world who loves you unconditionally, and that’s your Dad.
When I was sentenced to prison, I was sent to (O.S.R.) Oklahoma State Reformatory. The toughest prison in the state, it was called the Gladiator School. I went to that prison in December 1979, I had just turned 20 years old and I wasn’t a very big guy. I weighed a total of 118 pounds, 5 foot 6 inches tall.
Walking into the rotunda of that prison that day was the scariest thing I have ever experienced. On both sides of the rotunda was 4 floors of cell house runs. Long runs about a hundred yards long, full of criminals. They were fenced in with chain length fence. The inmates were allowed to hang onto the fence and look down into the rotunda. There were about 8 of us new guys. All young with shaved heads. The only difference between me and them was I was the smallest guy there. The inmates hanging on the fencing began to cat call us. Especially me, with me being the youngest and the smallest. I remember thinking to myself - Why am I here? What have I done to deserve this? The thoughts that were going through my head scared me even more. I had no idea what was ahead of me in this place, behind those cell doors.
We were escorted to the bottom run of the east cell house and each placed in our own cell. We were to remain in this cell for a week. This was called (A.S.) Administrative Segregation. It’s where they put you until you’re assigned a cell in general population. During this week, it is basically a trial period, an initiation to the yard. All week the inmates would come by your cell and threaten to rape you, beat you up, kill you, etc. Anything they could do to check your heart. A lot of the guys couldn’t take it and they checked out, went to (P.C.) Protective Custody. I made it through the week and was escorted to the top floor, which was administration, to see my case worker. Whom would assign me a cell out in general population. I was assigned a cell and then I went through orientation. I was told by my case worker, that in order to make it on this yard, I had to establish that I had heart. I had to fight someone. At this prison, fighting was legal and encouraged by the prison staff. I did not initiate a fight. But one was brought to me. I was beat down, my front teeth were kicked out. But I got up and took more. I tried to defend myself the best I could. But I never gave up.
You can imagine what the next 4 years was like for me, every week new people would come in, to make a name for themselves and guess who they went for first? Yes, the smallest guy on the yard, Me. So I fought and I fought. I wasn’t going to be beat. I stayed on that yard for 4 years and then I was sent to Jo Harp Correctional Center in Lexington. Prison life got a little easier. The fighting slowed down some, but I was scared mentally. Sons, I just need to tell you these thing so you will know what those corrupt officials made me go through. I will never be able to share with you all the happenings behind these walls, there is too much evil. Some things need not be known, they’re too terrible. Every day I pray to God that He will heal my heart, and the only way He can heal my heart is to take the hate from your heart, that you feel for me. So you may have peace with your father.
Joseph Harp Correctional
Update:
Since posting our first blog site, I have been in contact with my youngest son, Timothy Dale, who now believes in his dad’s innocence and backs me up. He writes and I have talked to him over the phone. My oldest son’s wife, Geri has contacted me along with her daughter, Lindsey Nicole and son, Christian Le’Shane, who supports my innocence.
My family is coming back to me slowly. My oldest son still holds out, but in time I pray God will enter his heart and take the hate away. So he may see past the lies and not judge his dad so harshly.
Cyndi, the love of my heart, has been by my side for over 2 years now. She gave up her life and family in Illinois to come to Oklahoma and be with me, a stranger, without question. I know her love for me is true and unconditional. She has done without so I may have. She said that I am her teacher in God’s ways, but she has been my teacher. She has taught me that God’s children don’t forget. They do have compassion, they do understand. As God is my witness, I will love this lady through eternity, in Heaven. Pray for Cyndi that she may find the peace I have. God Bless her.
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To the Protester's on my Release:
Hello,
I understand why you had to sign petitions to keep me from getting my freedom restored, I truly do. The newspapers and the Sheriffs all said I had admitted to these crimes, terrible crimes.
I pray that you all will take the time to sit down and read this blog and pay attention to the 2 Sheriffs, who said I admitted to these crimes, see and read the lies and corruption they administered in this case and ask yourself would you want them to do you that way. Would you have a snow balls chance in hell to defend yourself, when your own attorneys turned their backs on you?
My story of innocence within these pages are not made up stories, they are facts, and are supported by documents of truth. No longer can Sheriff Branch and Sheriff Smith lies be hidden. Will you continue to support these lies, by protesting my release or will you see the truth that these Sheriffs conned you into believing their lies for 35 years? You ask God to open your eyes and I bet you will see the truth then ask Him to open your heart and add your name to my petition for release. I am sorry that you have been mislead by these Sheriffs. Wouldn’t it be a miracle if Garvin County District Court would get millions of letters asking for my release, so many that they could no longer hide their corrupt ways. I just wonder how many more innocent people they have victimized? My Cyndi has protested William (Chadwick) Davis’s parole and will because he took that innocent girl’s life, just because she called him a son-of-a-bitch.
I pray God open’s up your heart and your eyes.
God Bless you all.
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A Note from Donny Claunch:
I want you all to know that God is with me everyday. I do not fear the evil I have to live with daily. I have seen things so evil in here that I want to question why they happen. I need you all to read my blog that I have just added to my other blog. This section is basically identical to the other parts except I have wrote it so everyone may understand my story fully and see clearly the corruption that occurred against me. Since Cyndi and I started this blog, we have received over 200 signatures on my petition for my release, over 3,000 hits on the blog itself, and had numerous letters written to the parole board. We have taken our story to TV, Newspapers, Radio, Governor, D.A.’s, Judges, Supreme Court of U.S., President Obama, overseas TV and newspapers, and sent out blog fliers. A person would think that if there was a criminal case where every single Constitutional Right a person had was violated, where the Sheriff was freely allowed and in front of D.A.’s and judges to get away with committing perjury, planting evidence, fabricating witnesses and evidence, faking crime scenes, etc. That this would be big news. You would think so. But as I have told Cyndi, God doesn’t want it public yet, not until his children step up and show their love for Him and support His forgotten child; Donny Gene Claunch, The Forgotten One.
God will not judge you if you do not step up and help this stranger. But it is His wish that you will step up and help free an innocent man. Will you do this for God? If you show me this unconditional love, then God will move that mountain and let me come home to my family.
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Donny’s Prayer:
God, if it is Your will that I remain here in prison, I will not question You. I will except it and know that You will protect me. You teach us to love one another and I do. I even love the ones who put me here, I do not hold grudges and I am not mad at them, nor do I hate them. My only prayer is for You to open up Your children’s eyes and their hearts to the truth, so they may see my innocence and help free me from my unlawful bondage. Amen.
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Donny’s Achievements:
Donny had a promising career in the Military. He was just finishing his basic training and A.I.T. School, and he was looking at going to Officer’s Training School. Donny did not have a chance to do this. His career was cut short by two (2) biased Sheriffs seeking revenge. Even though Donny was facing all this corruption that would eventually strip him of his liberty. The military saw the good in Donny and granted him an honorable discharge while he was in the county jail awaiting trial for these bogus charges filed on him.
Donny believes a person should always try and better them self no matter what their situation may be. The following are Donny’s achievements in life, here are Donny’s achievements prior to incarceration:
Donny started at the age of 5, learning to work and learn the value of a dollar. Donny’s dad would take him on job sites to teach him responsibility. Donny’s mom would sit Donny down along with his brothers and sister to read from the Bible every day until Donny was about 16 years old.
Donny married at the age of 16 and was blessed with two (2) handsome boys; Donny Dewayne and Timothy Dale. While Donny was a free man, he worked different jobs. He had a newspaper route; mowed lawns; dug ditches; brick layer; plumbing work; gas station attendant; carpenter; built barns; framed homes; electrical work; landscaping; worked cattle; even ran a small business; was a caseworker for the State of Oklahoma for 1 ½ years for the care of mentally challenged children; tree trimming; apartment manager; worked in factory; rebuilding generators, alternators, transmissions; done body work on cars; made car tires; worked as a cook for Sonic; made carpets; and went to school in Aberdeen, Maryland for auto, diesel, wheel and track mechanics. Donny had many jobs, but wasn’t fired from any of them. He chose to work different types of jobs for education.
These are Donny’s achievements after his incarceration:
Donny got his G.E.D. in 1980, a diploma for Vo-Tech Plumbing in 1984, Certificates for the following programs - Alcohol Anonymous, Narcotics Anonymous, Substance Abuse Training, Moral Recognition Training, Awards Programs, Living Skills, Finance, Family, Survival Training, Tutor for Moral Recognition Training, and Calligraphy Writing. Art classes, such as, pen and ink, pencil, pastel, acrylic paints, charcoal, color pencil, and water color. Donny even has some art work on display at the Oklahoma State Capitol.Donny taught himself how to be a Pastry Chef, by studying on his own while working the prison kitchens. He has letters of appreciation in his record from Wardens, who praised Donny’s skills as a Pastry Chef. Donny has been a Dietician for 1 ½ years, as well. Donny has received a Certificate from the Governor’s Office for his completion of Legal Research Assistance and held that job for 7 years. Donny has studied law for 35 years and been a Paralegal for 15 years of that. Donny is now enrolled in a 6 year program at the Lexington Career Tech for becoming an Apprentice Cabinet Maker. He has been in the program now for 6 months. He has received a Platinum Award in Math, a Gold Award in Reading Charts and Graphs, and a Silver Award in Understanding Reading. All of his test scores ranged in the upper 90%. Donny studied on his own for a year in the following fields - Psychology, Physical Fitness and Therapy Fitness. Donny has held many jobs in the prison system, such as: cook, baker, plumber, lumberjack, hay hauling, Cattle Branding (castration, birthing, doctoring, bulldogging, and breading), raised caged catfish, and became an Artist.
While incarcerated, Donny has not one act of violence, not one single fight reported in his record. Of course, Donny fought for his life when he first came to prison, but not one time did he start a fight. Donny’s attitude towards staff and inmates are outstanding. Job evaluations are all outstanding. Donny would love to take college, but can’t afford it. Donny’s biggest achievement in life is honoring God and His teachings.
Donny has a dream that when he gets out, he and his wonderful Cyndi plans on starting a ministry to help others, called L.U.C. Ministries.
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Here are some photos to add faces to the story. Out of respect for Bonnie, her pictures will not be shown.
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| (William Davis was known as William Chadwick. As he went by Chadwick, not Davis) But is legal name is William Davis.) |
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The Donny Claunch Story
Legal Clarification:
I have re-evaluated my legal issues and I will address them all in this section. It is true that I had address being arrested and jailed in McClain County for 1st Degree Murder. This would seem to be the facts, but once I received other documents I have to re-evaluate that claim.
When you read the transcripts of Sheriff Smith, it would seem like he arrested me for 1st Degree Murder and booked me into the McClain County Jail. He said, had he arrested me for 1st Degree Murder and books me in jail for that crime; then it would show up on the book in sheet on that Monday Morning being on the 30th day of April, 1979; (See Attachment 1-2).
The records show that after the polygraph tests were completed, Sheriff Smith claims he arrested me for 1st Degree Murder and put me jail. It is true that he said this. However, Attachment 3, states I was taken directly from the polygraph room to the Sheriff’s car and driven from Pauls Valley back to Purcell. Sheriff Smith, once he got me to McClain County, did change his mind about arresting me for 1st Degree Murder. He placed me in a chair in his office and left me with a Deputy. I was told at 00:00 hour on the 30th day of April 1979, that I was being charged and arrested for a crime of “Detention”. I was then booked into the McClain County Jail for this charge at 02:03 A.M., no arresting officer was documented, no warrants were shown. A search of the McClain County records, show only one (1) Book-in-Summary on this date for my arrest, it was logged under Book In #1979001234; (See Attachment 4).
No where in McClain County records does it show I was arrested, booked in, charged, jailed for a charge of 1st Degree Murder. The Record shows that on the 30th day of April 1979 at 00:00 hours I was arrested, with no officer taken credit for the arrest, at 02:03 A.M. I was booked in to the McClain County Jail, without being read my rights, without a warrant being issued and without a bond disposition.
Now, Sheriff Smith completely lied about arresting me, booking me in and imprisoning me in the McClain County Jail for 1st Degree Murder. The Book-in-Summary shows exactly what I was arrested for and wasn’t 1st Degree Murder and it wasn’t by any officer. I think it’s against the Law to just lock someone up in a jail cell for no reason.
I will show by the records, that McClain County District Court had sole venue and jurisdiction to try this case. I will also show, how Garvin County District Court had full knowledge of this and bluntly stole venue and jurisdiction from McClain County; without a change of venue and stole my person without the proper Writ of Habeas Corpus to move me from one county to another county. I will show how they had no jurisdiction of the subject matter, no jurisdiction of the person and no jurisdictional power to act in this case in order to pass a valid and legal judgment and sentence against me. That the judgments they passed upon me are void and null and unenforceable.
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Black Law Dictionary Defines A Void Judgment as:
“A Judgment that has no legal force or effects, the invalidity of which may be asserted by any party who rights are effective at any time and any place, whether direct or collaterally from its inception, a void judgment continues to be absolutely null. It is incapable of being confirmed, satisfied, or enforced in any manner as to any degree, one source of a void judgment is the lack of subject matter jurisdiction.”
This case is a case where Garvin County passed (2) two judgments against Donny, that were null and void from the beginning due to they lacked jurisdiction to try this case.
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McClain County’s Venue and Jurisdiction was Established:
The following facts are undisputed facts that clearly establish what county had legal venue and jurisdiction to try this case:
On the 28th day of April 1979, Donny Claunch witnessed the attack upon Bonnie Joe Beene and this attack caused her death, it occurred at ¼ mile East on SH 74 on SH 122, in Purcell, McClain County, Oklahoma, (See Attachment 5).
On the 29th day of April 1979 at 9:45 A.M., Bonnie Joe Beene’s body was found by Mr. Miller at ¼ mile East on SH 74 on SH 122 in Purcell, McClain County, Oklahoma, (See Attachment 6).
On the 30th day of April 1979, evidence connected to this crime including the murder weapon (hammer) was found at the Purcell City Lake, in Purcell, McClain County, Oklahoma, (See Attachment 7).
On the 3rd day of May 1979, the state Medical Examiner released an amendment to their report of investigation, that City/County of death was Purcell/McClain County. The Medical Examiner has never found place of injury that caused the death, (See Attachment 8).
On the 23rd day of August and the 6th day of September 1979, McClain County Sheriff Don Smith swore that his investigation produced no evidence this crime occurred any other place, but in Purcell/McClain County, (See Attachment 9).
On the 23rd day of August and the 6th day of September 1979, Garvin County Sheriff Bill Branch swore that he had no evidence from the Medical Examiner, that this murder occurred any place other than Purcell/McClain County, (See Attachment 10-11).
Due to these undisputed facts, venue and jurisdiction solely belongs to McClain County, no other county had any legal right to try this case, unless a change of venue is requested and granted. Non was ever requested or granted. Therefore, lawful venue and jurisdiction has to fall within McClain County.
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Venue and Jurisdiction Stolen by Garvin County:
The above facts clearly shows that proper venue and jurisdiction belonged solely to McClain County. That the attack and murder of Bonnie Joe Beene occurred within Purcell, McClain County, Oklahoma. The following facts will show how Garvin County stole jurisdiction and venue and jurisdiction of the person of Donny Gene Claunch from McClain County, without just or legal cause.
Donny Gene Claunch had been lawfully arrested, booked in and charged with a crime of “DETENTION” by McClain County on the 30th day of April 1979 under book in sheet number 1979001234, (See Attachment 4).
McClain County Sheriff Don Smith without proper authority of a Writ of Habeas Corpus or Warrant of Arrest, illegally moves Donny Gene Claunch from his jail cell in McClain County, without releasing him from the charge of “DETENTION”, that he is booked and charged under. In the dead of night, Sheriff Smith takes Donny Claunch to Garvin County and locks him up in a jail cell, (See Attachment 17), leaves him there. Donny is not arrested by anyone from Garvin County by the way of a warrant of an arrest or without a warrant, not by probable cause affidavits, (See Attachment 14, 15, 16).
Garvin County cannot acquire jurisdiction of Donny Claunch’s person, just because Sheriff Smith lock’s Donny Claunch up in a jail cell in another county. The fact remains that Donny Claunch was still under Sheriff Smith’s custody for the crime he was booked in and arrested in McClain County under Book in number 1979001234, which he hadn’t been released from.
Garvin County makes a move to steal jurisdiction and venue of this case from McClain County without a change of venue, when the facts clearly establish venue and jurisdiction did belong to McClain County.
On the 30th day of April 1979 the Garvin County District Attorney takes before Special Judge Sam Goodwin, a complaint. Swearing that Donny Claunch committed 1st Degree Murder against Bonnie Joe Beene within Garvin County, (See Attachment 12).
The complaint was filed when the Medical Examiner had not even found place of death as of yet. This complaint was filed on the 30th day of April 1979 at 4:30 P.M. by Garvin County Sheriff Bill Branch, who swore that murder occurred within Garvin County. He based this conclusion on only his personal opinion, which was supported by NO EVIDENCE and non was supplied by the Medical Examiner office, that this murder occurred within Garvin County, (See Attachment 10, 11).
The proof that Garvin County stole venue and jurisdiction from McClain County is proven in the facts. That on May 3, 1979, the Medical Examiner’s office released its amended report of investigation. Finding city/county of death as being Purcell/McClain County, (See Attachment 8).
Once the county received this amended report finding this crime occurred in another county, it was pursuant to Title 22 O.S.A. Section 846, required by statutory law to commit Donny Claunch for a reasonable amount of time to await for a warrant of arrest from McClain County; and if this warrant wasn’t issued, Donny Claunch was entitled to be discharged from custody, pursuant to Title 22 O.S.A. Section 847. Also, all records, the indictment or information and all transcripts were to be transferred to McClain County.
Garvin County stole venue and jurisdiction from McClain County, when it refused to transfer the case to McClain County and instead chose to ignore the statutory law under Title 22 O.S. A. Sections 846, 847 and move forward with the complaint against Donny Claunch in Garvin County. Therefore, intentionally stealing venue and jurisdiction from McClain County.
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Jurisdiction to Try This Case:
Garvin County did not have jurisdiction of the subject matter in this case, it simply did not receive a change of venue to move this case from McClain County to Garvin County and jurisdiction of the subject matter cannot be acquired by consent just because Sheriff Smith placed Donny Claunch in a jail cell in Garvin County. It cannot be stolen simply because the D.A. lays before a Judge a complaint, (See Attachment 13-14).
Garvin County did not have the jurisdiction of Donny Claunch’s person, and did not acquire it. Simply because McClain County Sheriff Don Smith locks Mr. Claunch up in a jail cell in Garvin County, it does not give Garvin County automatic jurisdiction of this person; in order for Garvin County to acquire jurisdiction of Donny Claunch person. They would have had to arrest him for a crime and they did not arrest him at all for any crime with or without a warrant. Which is shown because no one filed a probable cause affidavit, nor was a warrant of arrest issued, nor was he booked in at the Garvin County jail, (See Attachment 14, 15, 16).
They could not and was restricted from acquiring jurisdiction of Mr. Claunch’s person, due to he was previously arrested and not released from a charge of “DETENTION”, (See Attachment 4), out of McClain County.
Garvin County did not have the power to act in this case. In order to have the power to act, the prosecution would have had to have started and in this case it was never started. Title 22 O.S.A. Section 171 states that when a complaint is laid before a judge on the commission of an offense, the judge must issue a warrant of arrest, for the prosecution to lawfully begin. This complain had to be filed in good faith and in this case it was filed not in good faith but was filed in order to steal venue and jurisdiction from another county (McClain County). Due to the fact that these complaints were not filed in good faith and the judge did not issue a warrant of arrest, then the prosecution never began in this case. Therefore, the court did not have the power to act, Inverarity-v-Zumwalt, 262 p2d 725 (1953). Due to this crime occurred in McClain County, not Garvin County and no change of venue took place. Garvin County simply could not act in this case. And when it did without jurisdiction, its judgments are void.
Garvin County did not have the jurisdiction it needed to try Mr. Claunch for 1st Degree Rape. As there was no evidence that a crime of rape occurred in Garvin County. As the Medical Examiner’s office confirms no sexual attack occurred, (See Attachment 8).
Nor was Mr. Claunch arrested for a crime of rape, (See Attachment 14, 15, 16, 18).
And the fact this case belonged to McClain County, and the prosecution was not commenced due to no warrants of arrest was issued. No one had any legal right to hold Mr. Claunch for any crime. When no commitment orders were issued against Mr. Claunch either.
Therefore, Garvin County had no crime, no prisoner, no power to act. When it passed judgment against Donny Claunch it did so without jurisdiction and it’s judgments are void and null. Garvin County had no legal claim upon this case or upon Donny Claunch. It lacked all (3) three of the jurisdictions needed to enter a valid judgment. Both its judgments entered are and remains void and null.
Donny believes that a Writ of Prohibition under Title 22 ch. 18 App. Rule 10.6 (A), can be filed to stop Garvin County from enforcing its void judgments, as this county has exercised judicial powers unauthorized by Law. The result of said power has resulted in injury to Donny Claunch and deprived him of his liberty of 35 years, without Due Process of Law.
Our state and our country’s Constitution guarantees us all that we will not lose our life, liberty, property, without Due Process of Law. In the case of Donny Gene Claunch, the protection of the Constitution forgot to protect him. We as a free society have an obligation to honor the brothers and sisters who defended our Constitution with their lives not to see it disrespected in this manner. Will you stand up as so many have and defend our Constitution?
Donny Claunch is an Honorable Discharged Veteran and he believes in our Laws and Constitution. Yet, our country has forgotten him. People don’t think he is worth saving, but he is. Will all you forget him also? Please stop and help this innocent Veteran win his Freedom, so he may go home to his family. Don’t let corruption win. As it has won for 35 years. It is now time for Donny to win, to come home.
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Donny’s Story of a Miscarriage of Justice:
On the 28th day of April 1979 at 10:30 P.M., Bonnie Joe Beene was murdered. Her body was found lying in a ditch at ¼ mile East on SH 74 on SH 122 in Purcell, McClain County, Oklahoma, by a Mr. Miller. Whom resides in Lexington, Cleveland County, Oklahoma, (See Attachment 6).
McClain County Sheriff Don Smith was called to the scene. He immediately roped off the area as a murder scene and summons the county Medical Examiner and the O.S.B.I. agency to process the area for evidence, (See Attachment 19-20).
Evidence found at this crime scene was an EARRING lying next to the victim’s body. This EARRING was reported by Sheriff Smith to have been turned over to the O.S.B.I. Laboratory, (See Attachment 21). Bonnie’s body was transported to the Purcell Hospital by Wadley’s Ambulance Service.
When Sheriff Branch found out that the victim in this case was the daughter of his life long friends, he became emotional to the point he had trouble controlling his emotions, (See Attachment 24).
Sheriff Branch started his own investigation of this case, even though this case belonged to McClain County, but no one conducted any investigations in McClain County. Instead Sheriff Bill Branch of Garvin County lead the investigation in Garvin County. Sheriff Branch and Sheriff Smith found out that Bonnie Joe Beene was last seen with Donny Claunch and William (Chadwick) Davis.
After obtaining this information Sheriff Branch and Sheriff Smith went in search of Donny Claunch and William (Chadwick) Davis. They found Donny Claunch on the 29th day of April 1979 at his Aunt’s apartment, in Moore, Cleveland County, Oklahoma. They approached Donny and told him he wasn’t considered a suspect in this case. They advised Donny that they were investigating Bonnie’s death. Both Sheriff Branch and Smith had Donny open up the truck of his car as they took out their flashlights and searched the trunk of Donny’s car in search of evidence to connect Donny to this crime. They found no evidence, (See Attachment 25-26).
These searches were illegal and in violation of Donny’s 4th Amendment Rights. As these searches were conducted without a search warrant, without probable cause, without permission, and conducted upon a person not considered a suspect in any crime. And were conducted outside these Sheriff’s own jurisdictions.
After this search was completed the Sheriffs ask Donny where he lived. Donny said he was renting a room from his cousin’s wife in Oklahoma City, Oklahoma County, Oklahoma. These Sheriff drove Donny over to his cousin’s apartment. Their purpose of going over there was in search of the clothing Donny was wearing the night before. These Sheriff’s conducted a search of Donny’s room and come up with no clothing. Then they conducted a complete search of Donny’s cousin’s apartment. They found no evidence to connect Donny to any crime, which was their purpose for these searches. These searches were illegal and in violation of Donny and his cousin’s 4th Amendment Rights. As these searches were conducted without a search warrant, without probable cause, without permission, and conducted upon (2) two people who wasn’t considered a suspect in any crime and were conducted outside of these Sheriff’s own jurisdiction, (See Attachment 27, 28, 29, 30, 31).
After this search was completed the Sheriffs ask Donny where he lived. Donny said he was renting a room from his cousin’s wife in Oklahoma City, Oklahoma County, Oklahoma. These Sheriff drove Donny over to his cousin’s apartment. Their purpose of going over there was in search of the clothing Donny was wearing the night before. These Sheriff’s conducted a search of Donny’s room and come up with no clothing. Then they conducted a complete search of Donny’s cousin’s apartment. They found no evidence to connect Donny to any crime, which was their purpose for these searches. These searches were illegal and in violation of Donny and his cousin’s 4th Amendment Rights. As these searches were conducted without a search warrant, without probable cause, without permission, and conducted upon (2) two people who wasn’t considered a suspect in any crime and were conducted outside of these Sheriff’s own jurisdiction, (See Attachment 27, 28, 29, 30, 31).
Donny was driven back to the apartment in Moore, Oklahoma, where these Sheriffs first found Donny. Donny was then asked to get in his car and drive it to McClain County to take a polygraph exam. These Sheriffs still tell Donny that he’s not considered a suspect. They just want to run a test to see what Donny knows. Donny agreed to go and Sheriff Smith gets in Donny’s car and escorts him to McClain County Courthouse, where he is directed to park his car. Once Donny parks his car and gets out, Sheriff Branch climbs inside of Donny’s car and conducts a complete search of Donny’s car. Sheriff Branch took from the car a tank top t-shirt, (See Attachment 32-33).
This search was conducted for the sole purpose of finding some evidence to connect Donny to this crime. This search was illegal and in violation of Donny’s 4th Amendment Right. They were conducted without a search warrant, without probable cause, without permission and conducted against Donny without him being considered a suspect of any crime.
Once these illegal searches were completed and produced no evidence that connected Donny to any crime, Donny was taken to Garvin County Sheriff’s office where he was questioned as to what he might know about Bonnie’s death. Donny gave McClain County Sheriff Don Smith an oral account of what he had witnessed, concerning Bonnie’s death. Donny told the Sheriff the following:On the 28th day of April 1979 at around 10:00 P.M.. Bonnie Joe Beene, William Carlton (Chadwick) Davis and I pulled off the side of the road at ¼ mile East on SH 74 on SH 122 in Purcell, McClain County, Oklahoma to take a leek. Once we finished, I open up the trunk of my car and broke out the whiskey I had bought earlier while in Maysville. We all (3) three sat on the edge of the trunk drinking the whiskey. After about 20 minutes, I go around to the front seat and sit down. I turn on the radio and turn it up and jam to the music. A short time later, I hear arguments and yelling coming from the back of the car. I get out and go to see what the problem was.
When I get there I see William had Bonnie pushed up against the open trunk. He had her jeans and panties pulled down around her ankles, her bra and blouse was pulled up around her neck. It seemed he was choking her with it. I yelled at William, “What are you doing?” William replied to stay out of it. “I’m going to rape her.” I yelled again for William to stop. But William continue. About that time, Bonnie screamed at William and called him a son-of-a-bitch. In a split second moment, William drew back and hit Bonnie in her face, 4 to 5 blows with his fist, causing her to fall into the open trunk. William leans over Bonnie and yelled at her, “no one calls me a son-of-a-bitch, I’ll walk all over you.” William than reaches into the trunk and grabs a hammer out of my tool pouch and draws the hammer back. I’m yelling at William to stop. William screams at me to stay out of it or I will be next. In no more than a couple of seconds William strikes Bonnie in the head 3 to 4 times, (See Attachment 9 & 34).
Bonnie was placed in the ditch. William had me drive him to the Purcell City Lake, where he took my army fatigue jacket which had my name, CLAUNCH over the pocket. He took this jacket, rubbed it in Bonnie’s blood from the trunk, than he took Bonnie’s purse and tied my jacket around it then placed a brick in the purse and threw the items into the lake. Then he threw the hammer across the road from the lake into a pasture. Then, he told me not to talk or he would make sure that the law found this stuff and I would be to blame for her death.
Then William made me drive him to his home, where he made me stay the night. The next morning, William had me drive him back to where Bonnie was at. But the cops and ambulance was there. We drove on by. I took William home and William told me, if I talked, he would find me and kill me. William told me to go home and clean out my car. I did as he told me to and threw the mats from the trunk into a dumpster. I was scared and didn’t know what to do.After giving this oral statement to McClain County Sheriff Don Smith, Sheriff Smith had Donny put on a polygraph machine. Garvin County Sheriff Bill Branch is the one who administered (3) three different tests on Donny. He gave (3) three tests because they couldn’t believe that Donny kept passing them. Sheriff Bill Branch actually broke the law when he gave these tests to Donny, because Sheriff Branch did not have a polygraph examiner’s license, which is required by law to have before giving the test. Sheriff Branch made a comment that he thought the boys committed this but that the test results didn’t show that Donny actually done it. But that he knew quite a bit about it, Branch told Smith this, (See Attachment 35-36).
Sheriff Branch also admitted that Donny told the truth about William killing Bonnie, (See Attachment 37). Donny then gave a written statement.
McClain County Sheriff Don Smith cuffs Donny up and takes him up to the McClain County Courthouse and takes Donny to the Sheriff’s office and placed him in a chair, then Sheriff Smith leaves Donny there with a Deputy. At 00:00 hours on the 30th day of April 1979, Donny is placed under arrest. While setting in that chair, he was booked in the McClain County jail at 02:03 A.M. on the 30th day of April 1979. For a charge of “DETENTION” without a warrant and without an arresting officer being unmentioned, under Book-in number 1979001234, (See Attachment 4).
Sometime during the morning hours after 02:00 A.M. on the 30th day of April 1979, Donny is taken out of his jail cell in McClain County, where he is arrested and booked in on the charge of “Detention” by mystery officer, without a warrant and without a Writ of Habeas Corpus being issued and moved to a jail cell in Garvin County. Donny is jailed there without being booked in or arrested in Garvin County. No one from Garvin County has ever arrested Donny for any crimes, (See Attachment 13, 14, 15, 16, 17). McClain County Sheriff Don Smith simply took Donny there, locked him in a jail cell and left.
During the morning hours around 04:30 A.M. on the 30th day of April 1979 in Enid, Garfield County, Oklahoma; William (Chadwick) Davis is arrested by Garvin County Sheriff Deputy Frank Chambers. Sheriff Deputy Chambers stated that he received a written statement from Davis that Davis had wrote out himself, however the testimony given shows that Sheriff Chambers lied. He said Davis hand wrote it himself, but Sheriff Branch said the top portion of the statement was in Deputy Chambers own handwriting. An examination of the top portion of the statement and the statement itself shows to be the same handwriting. Davis only signed the statement without knowing what was in the statement. Davis couldn’t read or write plus the Deputy didn’t read the statement to Davis as is protocol when a person can’t read. They just took for granted he understood what was in it, (See Attachment 39, 40, 41, 42, 43, 44).
All Deputy Chambers did was handed the statement to Davis to read over, knowing full well that Davis wouldn’t understand what it said. It is highly suspected that this statement was dictated to Deputy Chambers by Sheriff Branch. As Sheriff Branch chose not to look at or even read the contents of this statement until weeks later, (See Attachment 45). What Sheriff in his right mind would ignore a statement written out by a suspect at the beginning of an investigation, unless that Sheriff had been the one to dictate what was in it?
Davis is now transported from Enid to McClain County at 6:00 A.M. on the 30th day of April 1979. When they get to McClain County, Davis tells McClain County Sheriff Don Smith about the evidence at the Purcell City Lake, (See Attachment 46).
Sheriff Branch first seeks out a crime scene, but he doesn’t know where he wanted it at. So Garvin County Sheriff Deputy Frank Chambers is sent out to the Maysville City Lake to explore that as a possible murder scene. Even though he did not have any reports that Donny was even seen there, (See Attachment 48).
Sheriff Branch didn’t like this area so he goes in search of a location himself. He claims he found a location on top of a hill where he claims to have found Donny and Bonnie’s shoe print, (See Attachment 49).
Sheriff Branch didn’t like this location either, so he goes looking for another location. He finds one real suitable for his plan, at least he thought so. Sheriff Branch settles for a location just 7/10th of a mile from Bonnie’s mother’s home. Sheriff Branch knew this area very well as he admitted that he personally built this location some 15 to 20 years prior, (See Attachment 50-51).
These items were sworn to have been found on the ground in Garvin County also, these items matched the ones found on Bonnie’s body and at the Purcell City Lake, (See Attachment 51, 55, 57). How can a shoe be found in two (2) locations at the same time and an earring found at three (3) different locations?
Now that Sheriff Branch’s crime scene had the evidence it needed to place Bonnie at it, he and Sheriff Smith claims to have found a lot of blood like substance at this location. But the problem with that story is that neither Sheriff’s collected any of the blood like substance or turned it over to the O.S.B.I. Lab for testing, (See Attachment 52). As a matter of fact it was very obvious that this was a stage crime scene. The facts show that no one roped off the area or secured it, the Sheriffs spent only a few minutes at this location and left after picking up a shoe, an earring, a watch, and some coins, (See Attachment 54). No samples of blood was collected or sent to the lab, (See Attachment 53).
Sheriff Branch claims that officers were later sent to this location looking for evidence and found none, not even a blood like substance, (See Attachment 56).
But the real fact that this was a staged crime scene is the fact that Sheriff Branch testified that on any particular Saturday night, that particular location would be a very busy location. In terms of cars and couples, it was a favorite place for youth around that area. This was a common used location by youth around Maysville to go out and park, drink, smoke pot, and neck, (See Attachment 50-51).
Now according to Sheriff Smith and Sheriff Branch the amount of blood like substance allegedly at this location was of such a large amount, that it looked like someone was slaughtered there. Now here is the big question - if this was so, and there would be lots of cars and kids coming and going on this Saturday night, then how come not one kid ever came forward to report seeing Donny, Bonnie or Donny’s car, at this location? All the kids knew them. And why didn’t anyone else ever see the blood like substance except Sheriff Branch and Sheriff Smith? Even the officers Branch claims to have sent back later didn’t see any blood like substance, nor collected any samples. I tell you why, because they lied; saying there was a blood like substance, when there never was. That’s why they never roped off the area, never summoned the O.S.B.I., nor the Medical Examiner to this location. All they did was picked up a shoe and an earring off the ground, that had already been found before at two (2) crime scenes in McClain County; and that had been sworn to have been sent to the O.S.B.I. Lab, (See Attachment 54, 55, 57, 7, 21).
Sheriff Branch claims that while at this crime scene in Garvin County, that Davis completely confessed to this crime in a very lengthy oral confession. However, Sheriff Branch claims he is the only one to have heard this confession. Because Sheriff Smith claims they only spend a few short minutes at this location and then left, (See Attachment 54).
And he didn’t claim to hear any lengthy confession from Davis. Sheriff Branch couldn’t even justify why he didn’t get it into writing. One point should be made at this time, Sheriff Branch did claim that he made sure that Sheriff Smith didn’t hear certain parts of Davis’s alleged confession due to he didn’t want his dear friend’s feelings to be hurt, (See Attachment 58-59). The Sheriffs get in their car and leave and take William (Chadwick) Davis to Garvin County and places him in jail.
Sheriff Branch around 7:30 A.M. takes Donny out of his cell and takes him to his office to interrogate him. Donny told him over and over he didn’t do anything to her. So Donny was taken back to his cell and locked back up. Sheriff Branch claims that he had Donny out of his cell at 3:30 P.M. on the 30th day of April 1979 at which time he claims Donny fully confessed to this crime. But he was unable to have anyone witness this alleged confession, no tape recording, no video. He claims he couldn’t even get it in writing, because Donny’s attorney showed up and stopped the interrogation. This was a lie, because Donny never confessed to any thing and plus the interrogation was witnessed by Garvin County Sheriff Deputy Frank Chambers, to have been conducted in the A.M. (See Attachment 60, 61, 62).
Then Sheriff Branch claims Donny said we have to get rid of her because she knows me, (See Attachment 63).
Then he recants that statement and claims Donny didn’t say it, (See Attachment 65).
Then Sheriff Branch claims Donny admitted to raping Bonnie, (See Attachment 66).
Then he also, recants that statement and says Donny never did admit to raping or having sexual intercourse with Bonnie, (See Attachment 67-68).
Sheriff Branch claims that Donny fully confessed to this crime, but he has nothing in writing and no witnesses. He claims Davis fully confessed and said Donny committed this crime with him. Yet that’s not in writing either or witnessed by no one else. The only statement Sheriff Branch actually has that connects Donny to this crime is the alleged written statement from Davis at Enid. And that statement was actually wrote out by a Deputy, not Davis.
William (Chadwick) Davis was not added to the states witness list to verify his alleged written statement and was not added to Donny’s witness list, because Davis’ lawyer wouldn’t let him testify, (See Attachment 69).
Sheriff Branch was simply making up these alleged oral statements, as was evidence when he lied, many times, about Donny’s alleged oral confession. Even Sheriff Smith claims Donny never confessed, (See Attachment 70). Sheriff Branch knew that he lied about these confessions and that he lied about the fake crime scene in Garvin County.
But he had to make sure that no one would ever find out the truth and the only way he knew was to keep Donny quiet, so he placed a torn blanket in a cell and put Donny in there. Then he claimed Donny tried to commit suicide. So to prevent Donny from doing so he put Donny in a secluded cell with Davis, in back of the jail, (See Attachment 56).
And claims it was Donny’s idea. Sheriff Branch knew that Donny had just wrote out a complete statement against (Chadwick) Davis, stating that Davis killed Bonnie. Sheriff Branch knew that Davis had previously threatened Donny’s life, (See Attachment 5), if he talked, he knew Davis knew this. What Sheriff in his right mind would place a killer in the same cell with a witness against that killer, unless he wanted the witness killed or shut up? Donny remained in that cell with Davis until he testified at his trial and told the jury he blacked out and don’t remember anything.
Donny felt that was all he could do. If he talked and exposed Davis and what these Sheriffs done, with planting evidence, etc; then Donny still had to go back to that cell with Davis and face him for talking, which would have cost him his life. So Sheriff Branch was responsible for keeping Donny quiet during his trial. Donny wasn’t allowed to be move out of that cell until after he testified, then Sheriff Branch moved him.
Sheriff Branch created a witness that really hurt Donny’s case. He claimed that a 17 year old girl friend of Bonnie’s, saw Donny and Davis force Bonnie into their car, while in Maysville, Garvin County, (See Attachment 72, 73, 74).
This witness, Sheriff Branch claimed he had her name, address, phone number; but yet she was never produced at trial. She never showed up on any witness list. She was a fabrication, yet Sheriff Branch was allowed to talk about what she had allegedly saw. Sheriff Smith denied this claim, (See Attachment 75-76). He heard of no such abduction.
Another witness that the Sheriff used was one he produced, an inmate who he claims was doing 1 year sentence in his jail. That this inmate over heard Donny bragging about the crime. Before this inmate was allowed to testify, the D.A. put Sheriff Branch on the stand and stated that he (Sheriff Branch) personally took this inmate to his (Sheriff Branch’s) church and he was baptized and that his testimony would be the truth. Then the inmate was asked to testify. The problem with this is, once he testified, no where in the record is he shown to have been an inmate in this or any other jail. Sheriff Branch just made that up. He doesn’t even show up on the D.A.’s witness list, (See Attachment 77). A ghost witness s there and testifies, but disappears.
A person can see just how professional Sheriff Branch was as far as his investigation went. He didn’t care about the evidence, when he stated “I got them and I got them in jail for it.” (See Attachment 78). He refused to talk to witnesses at a car wash who might have seen blood being washed from the car, (See Attachment 78).
He refused to examine Davis’ clothes for mud, blood or evidence, (See Attachment 79).
He even refused to send Donny’s car to the O.S.B.I. Lab for testing, (See Attachment 80).
When he even said the car might have been used to transport the body. Which puts in question, did the car actually transport the body or not? Sheriff Branch knew it did not. That’s why it wasn’t sent to the lab. Now Sheriff Branch has his fabricated staged crime scene, with stolen evidence from other crime scenes in McClain County, has faked witnesses, fabricated oral confessions. Now he feels he is ready to take his case to the District Attorney.
The facts presented so far has clearly established that the venue and jurisdiction to try this case has been shown through the Medical Examiner and the evidence to solely belong to McClain County. The facts also shows that Sheriff Branch and Sheriff Smith used corrupt means possible to illegally change this venue and jurisdiction from McClain County to Garvin County without a change of venue. The facts also shows that Sheriff Smith broke the law when he illegally removed a shoe and an earring from this crime scene in McClain County and planted it at Sheriff Branch’s staged crime scene in Garvin County. The facts also shows that Sheriff Branch lied about Donny giving him an oral confession to committing these crime, when he didn’t admit to anything; as was shown when Sheriff Branch kept recanting what he said Donny had admitted to.
The facts presented so far has clearly established that the venue and jurisdiction to try this case has been shown through the Medical Examiner and the evidence to solely belong to McClain County. The facts also shows that Sheriff Branch and Sheriff Smith used corrupt means possible to illegally change this venue and jurisdiction from McClain County to Garvin County without a change of venue. The facts also shows that Sheriff Smith broke the law when he illegally removed a shoe and an earring from this crime scene in McClain County and planted it at Sheriff Branch’s staged crime scene in Garvin County. The facts also shows that Sheriff Branch lied about Donny giving him an oral confession to committing these crime, when he didn’t admit to anything; as was shown when Sheriff Branch kept recanting what he said Donny had admitted to.
When you take away Sheriff Branch’s testimony as perjury and Sheriff Smith’s as perjury, take away the evidence found at Garvin County as being illegal, take away the inmate witness, the 17 year old witness; what evidence do you have that tells the story that Donny committed these crimes? You have Davis’ written statement which also has to be thrown away, because he didn’t write it out. Now all you have is Claunch’s hammer, his army fatigue jacket, his injured thumb. The hammer was used by Davis, plus no prints or evidence was found on it from Donny. Claunch’s army jacket was known to have been intentionally planted by Davis to shift the blame to Donny, if he talked. Donny’s thumb, Branch said the Doctor said it was a bite mark, (See Attachment 81).
However, the Doctor testified in trial and never said it was a bite mark, (See Attachment 82).
There is absolutely not one piece of evidence that connects Donny to the murder of Bonnie. In fact, the evidence shows Donny tried to save her, and passed three (3) polygraph tests to his non-involvement.
As far as the rape case goes, Sheriff Branch claims that Bonnie experienced two (2) very violent rapes by two (2) attackers, (See Attachment 83).
As far as the rape case goes, Sheriff Branch claims that Bonnie experienced two (2) very violent rapes by two (2) attackers, (See Attachment 83).
Attacks so violently that surely there would have been some kind of injury or bruising present due to these attacks. An examination of the autopsy report as (Attachment 84), shows 7 entries associated with this crime and not a one suggests a sexual assault of any kind.
The Medical Examiner’s amended report of investigation also doesn’t find any form of sexual assault, (See Attachment 8).
As a matter of fact, the autopsy report actually establishes that Bonnie wasn’t sexually assaulted at all. It clearly states her inner and outer vaginal area shows no injury, and her hymen ring was not torn, (See Attachment 85-86).
Take away all those facts and evidence, it shows Donny never committed rape against Bonnie, because it never happened and Donny did not kill Bonnie. As he passed three (3) polygraph tests to establish his innocence, no evidence connected Donny to the murder, nor did any witness testify that Donny did it.
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Illusion of an Arrest:
In the following section, it will be established that no one had ever arrested Donny or booked him into jail for a charge of 1st Degree Murder or 1st Degree Rape. That at no time did anyone have lawful custody of Donny.
Donny was arrested on the 30th day of April 1979 at 00:00 hours for a charge of “DETENTION” without a warrant. He was booked into the McClain County jail at 02:03 A.M. by an unidentified officer, under Book-in number 1979001234. No bond was set, (See Attachment 4).
McClain County Sheriff Don Smith who was responsible for Donny’s imprisonment in his county, on this charge of “DETENTION”, due to no officer shows to have booked him in. Decided to move Donny from his jail cell in McClain County to another county (Garvin County) without using a Writ of Habeas Corpus which has to be used when a prisoner is moved from one county to another county, nor a warrant of arrest. Sheriff Smith takes Donny to Garvin County and puts him in a jail cell. The records in Garvin County shows that no one even booked Donny in under any charge, murder or rape. The record doesn’t even show Donny was even in the Garvin County jail. The only record of Donny being put in that jail cell is Sheriff Smith’s sworn testimony that he took Donny there. Therefore, Donny must have just been held there by Sheriff Smith on the “DETENTION” charge lodged against Donny in McClain County, (See Attachment 4).
While Donny is sitting in this jail cell that Sheriff Smith placed him in, under the “DETENTION” charge. Sheriff Branch goes to the District Attorney office with a sworn complaint on the 30th day of April 1979 at 4:30 P.M. swearing that Bonnie was killed within Garvin County by Donny. The District Attorney takes this complaint and lays it before a special judge in accordance with Title 22 O.S.A. Section 171, the judge does not issue any warrants of arrest upon this complaint, nor does he endorse upon a warrant of arrest a commitment order to have Donny held for future proceedings, (See Attachment 13).
When this complaint was filed by Garvin County Sheriff Branch, it was filed on the personal opinion of Sheriff Branch, unsupported by any evidence from the Medical Examiner office. That this murder was committed within Garvin County. The Medical Examiner determined place of death as unknown. When this complaint was filed on the 1st day of May 1979, while Donny is sitting in a jail cell in Garvin County, being held on an arrest out of McClain County, Donny is released upon a charge of “DETENTION” at 00:00 hours, (See Attachment 4), from McClain County.
By all rights and according to the law, Donny had every right to be released from custody. He had an order releasing him from the “DETENTION” charge out of McClain County. Garvin County did not have Donny arrested with or without a warrant for any crimes. Even though Sheriff Branch lodged a complaint to the special judge, the magistrate failed to issue a warrant of arrest upon the complaint before him and failed to issue a commitment order. Without this warrant and commitment order Donny had to be released. But he wasn’t released, he was held in jail unlawfully.
On the 3rd day of May 1979, the Medical Examiner filed it’s amended report of investigation and found city/county of death as being Purcell/McClain County, (See Attachment 8).
Once the D.A. got this new report determining place of death as being in McClain County and not Garvin County, the D.A. had a statutory duty to transfer the complaint with all the transcripts to the proper county (McClain County). And the judge had to issue a commitment order to hold Donny until McClain County could issue a warrant of arrest. Since McClain County never issued a warrant of arrest, Donny is free to go. But once again, Donny is not released, he is forced to trial in a county (Garvin County) not having custody or jurisdiction of him nor the subject matter.
On the 7th day of May 1979 at 4:30 P.M., Garvin County Sheriff Bill Branch filed a complaint against Donny for 1st Degree Rape, (See Attachment 83).
This has to be considered falsely reporting a crime. Due to the Medical Examiner did not find that rape occurred in this case, (See Attachment 84, 85, 86).
The D.A. laid this complaint in front of the special judge in accordance with Title 22 O.S.A. Section 171. The magistrate chose not to issue a warrant of arrest or a commitment order, (See Attachment 14, 18). Therefore, Donny was entitled to be released in accordance with Title 22 O.S.A. Section 847.
It is fact that neither McClain County or Garvin County can produce any records to establish that Donny was arrested for a crime of 1st Degree Murder or 1st Degree Rape, in either one of the counties. They cannot produce any Book-in Sheets or jail records to show that Donny was even in their jail, (See Attachment 14, 15, 16).
But McClain County can produce a single Book-in Summary, where Donny was arrested and booked in on a “DETENTION” charge, the only crime Donny was ever arrested for, (See Attachment 4), in this case.
As this case unfolded during preliminary hearings, and trial the D.A., the judges, and the defense team sat there and watched the corruption unfold before their own eyes. They allowed it to happen, intentionally watching an innocent man being stripped of his freedom and turning a blinds eye to it. Saying not one word to protect his rights. This corruption unfolds on the record and before there own eyes. How can they claim to have not seen it happening?
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Donny has a right to be a free man. As you all can see just what all these officials did to him and how they stole Donny’s freedom for over 35 years. This was not legal or right and must be corrected. Help correct this miscarriage of justice, so it doesn’t happen again. This one document from O.I.D.S. DNA Testing program, shows non of the evidence in this case connect Donny to these crimes, (See Attachment 88). This corruption was committed by the Sheriffs and condoned by the D.A., District Judges and the defense team.
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I will conclude with my greatest fear being we as a free nation will turn our backs on our Laws and Constitution, our loved ones, and refuse to stand by the innocent, the forgotten people of our society. Because we think, well its not me, I shouldn’t worry about it. What if someday it is you? Would you want society to turn their backs on you? Will you allow corrupt officials of the Law to get away with what they did to me? If so, then you have no right to complain if it does happen to you or your loved ones, nor have a right to the protection of our constitution. But you can bet on one thing, I will fight for you, I will stand by you. I will stand up and be heard. I walk with God in my heart. He is my Savior, and will bless all who helps free one of His forgotten children. Will you stand with us and fight? Or will you be the silent one, not heard and claiming its not me. To those people I say this, I will not judge you for what you do, I have nothing but love for you. God teaches us to love and be understanding and compassionate. I live these things daily. So I accept you as you are and hope God puts the same love in your heart to fight for me, to help free me, as I will for you.
Thank you for taking the time to read my story.
God Bless you all!
The Forgotten
Donny Claunch
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NEW NEWS!!!!!!
We won our first battle on the rape case. Originally the District Court denied my request for DNA testing. However, we appealed to the Oklahoma Criminal Court of Appeal, who in returned - Remand the case back to the District Court with direction to hold a hearing to determined DNA testing should be done. Now we are waiting for the hearing. (April 24, 2014)
