Kidnapping of Donny Claunch

by Cyndi Claunch

Have you ever been in a place or situation where you didn't want to be and had no control of being there? Where someone took you to this place and can't get out? I know, I've been in situations like this many times. Someone put me in a situation, and I had no control over it; or the more I struggled to get myself out, the deeper I got.

For a person who is innocent and find themselves in prison, this is a struggle of a lifetime. Some even on death row for crimes not committed. They fight for their lives. But still no one listens or sees the truth. I believe many people have seen the movie “The Green Mile”, where a John Coffey was tried and convicted of murdering 2 young girls. He is a perfect example of being “Kidnapped”. But he did not fight his conviction, because he was tired of seeing the ugliness of the world.

I am going to have 2 parts to this story. The first is of an innocent man, Donny Claunch. Who has found himself kidnapped by the State of Oklahoma, through much corruption. The second part is on the corruption of Oklahoma DOC and the State of Oklahoma on how they are kidnapping offenders and holding them for ransom, more less.

Kidnapping #1 - Illegal Searches

First of all, we all have the same Constitutional Rights. No matter if you are rich or poor, as long as you are a US Citizen, we have the same rights. Many times our rights are being violated, and we the people do not know that.

5^th Amendment states - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Many of our Due Process of Law gets violated as well. The 5^th Amendment is a big one. In order for a jail to hold you for a crime, they must have a warrant to hold you. That warrant must be signed by a Judge. Without that warrant, no legal personnel has no control over you.

This is when you are KIDNAPPED! Donny never had any warrants for arrest or any commitment papers signed by no Judge. Donny is illegally being held in Oklahoma DOC. On April 29, 1979; Sheriff Smith of McClain County, Oklahoma had arrested Donny for Murder in the first degree. After Donny had passed 3 illegal lie detector tests, proving he did not do the murder. Donny was also told by Sheriff Smith, that Donny would be a State's witness against Davis, who actually did the murder. For someone reason, Sheriff Smith changed his mind and arrested Donny without a warrant.

So, I say illegal lie detector tests because Sheriff Branch had conducted them. There was not a certified person there at the time of the tests. Although it had been said later that Sheriff Branch was certified, it could not be proven. At the time he had conducted these tests, it is believed he was not certified. The way the tests were done, was not the proper way of conducting tests. 3 tests would mean several hours in a blood pressure cup and electrodes. This had been proven by OIDS.

Let's back up a little bit, as other violations was done earlier in the night. Once the Sheriffs of Garvin and McClain County found Donny, outside of the two Counties. They made illegal searches on Donny's apartment and vehicle. They did not have permission to search either, nor did they have a search warrant to do so. They also did not contact the other County to let them know they were going into their jurisdiction for a possible suspect.

Are you seeing the pattern here? You have 2 County Sheriffs working together on a murder. Neither one of them has taken the time to get any kind of warrants, nor contacting other Sheriff Departments in a different County, upon where Donny was at. This is all illegal. A police officer from one jurisdiction cannot enter into another jurisdiction without an officer present from that jurisdiction.

This is where a lot of people gets in trouble. They do not know that a search cannot be done on a vehicle or a home without a search warrant. A probable cause is not a search warrant. Police will tell you they have probable cause to search your vehicle. They cannot search anything without your permission or a search warrant. In fact, they are not allowed in your home, unless you invite them in or have a warrant to enter the home.

Kidnapping #2- Jurisdiction Violation

Back to Donny. He has now been arrested without a warrant and being held in the McClain County Jail by Sheriff Smith of McClain County, Oklahoma. The Book-In sheet does not state that Donny is being held for Murder. In fact it states he is being held on the charge of “DETENTION”. Now there is no such crime as Detention. No, he was not being held for another County. Noticed I said and again I say – Sheriff Smith of McClain County, Oklahoma had arrested Donny for Murder in the First Degree. Why was that not put on the Book-In Sheet?

Here's why. While Donny was being held in the McClain County Jail. Undersheriff from Garvin County went up to Enid, Oklahoma to arrest Davis. While they were in Enid, the Undersheriff had falsely written out a statement for Davis to sign. The Undersheriff had to tell Davis what to write, how to spell and form sentences. Davis couldn't read or write, so he had no clue on what he was writing. The Undersheriff had Davis sign the statement he supposedly written without reading it back to Davis. While they were in Enid concocting up a story, both Sheriffs were back in Garvin and McClain Counties working on other theories. Knowing Donny's story he had told was the truth.

How do I know that the statement that Davis signed was not Davis' statement? The handwriting on that statement is the same handwriting on the top, which was testified to be the Undersheriff's handwriting. Also, I have a statement from Davis stating what the police had done in Enid on that statement. That statement and the Davis' statement I have, are not the same handwriting.

By early morning hours, they had Donny moved from McClain County Jail to Garvin County Jail without a change of venue. OOPS! Did I just say without a change of venue? Yes, I did. It is illegal to move a case to a different county without first going in front of the Judge in the original County to have a change of venue done. Then, and only then, does it have to be a very good reason for the venue to be changed.

Title 12. Civil Procedure
§12-140.1. Transfer of case to other county.

When the court orders the transfer of a case upon a showing by a party that the venue is or should be in some other county, the clerk of the court shall prepare a transcript of all the papers filed, orders entered, and a bill of the costs accrued. The clerk shall collect a new filing fee and shall forthwith transmit by certified mail such files and transcript of the cause and the filing fee which shall be due to the clerk of the court to which transfer is ordered. Unless otherwise ordered by the court, the plaintiff shall be responsible for appropriate filing fees when a case is brought in the wrong venue and transferred to a court having proper venue. In all other instances, the moving party shall be responsible for fees. The fees for the transfer shall be paid within ten (10) days of the transfer order.

That is the Oklahoma Law on transferring venues from one County to another. However, in Donny's case, there was no change of venue. McClain County, Oklahoma has jurisdiction on the case, no other County has jurisdiction of this case. Once a crime is committed in a County, that County has jurisdiction over that crime. No other County! Even though I just quoted the law from 2014, it was pretty much the same back in 1979 without the additional filing fees. We know how our Government is charging for every little paper that goes out of the office or a fee on every I dotted or T crossed. Just something else the Government made into law. It's all about the dollar now in the legal system.

So now, we have jurisdiction in McClain County. Before we go any further, yes, the crime did happen in Purcell, McClain County, Oklahoma. The Medical Examiner has stated the death was in Purcell, McClain County, Oklahoma.

So why was Donny transferred to Garvin County? They had taken Davis straight from Enid, Oklahoma to Garvin County. So they had to move Donny too. Why? Because Sheriff Branch of Garvin County were life long friends with the victim's family. That is the only reason why the case was illegally moved to Garvin County. So now, Donny has been KIDNAPPED by Garvin County Sheriff Branch from McClain County Jail. WHOA! Did I just say “life long friend”? Is that not a “Conflict of Interest” in the case? Yes it is. That is why this whole case is illegal!

Here we have a young man, about the age of 19. He was raised in a Christian home, and had not seen evil like what he had just witnessed that night, when Davis had killed Miss Beene. Donny is not now nor was he then, a violent or confrontational person. Donny does not like any kind of violence. In fact, Donny himself was a victim of spousal abuse. His ex-wife would beat on him, and he always walked away or took it when he had no choice. Here's Donny sitting in a jail cell scared to death. He was scared when the crime had happened because Davis had threatened to kill Donny also, if he didn't help move the body or if Donny had spoken to the police about what Davis had just done.

Kidnapping #3 - Actual 1st Kidnapping

Let's got back to the night of the crime scene. After Davis had killed Miss Beene, he told Donny to help move the body to the trash pile. An illegal dump sight along side the road in a ditch. So what choice did Donny have? He had just witnessed this man kill one of his best friends. As much as Donny didn't want to do it, he was under duress, forced to move the body. After they had moved the body, Davis forced Donny to drive him to the Purcell City Lake. There, Davis told Donny that if Donny had talked, here was the evidence that Donny was the one who actually did the murder. Because Davis took Donny's army fatigue jacket, with Donny's name on it, and wrapped it around Miss Beene's purse with a rock. Threw it in the Lake, and took the hammer, that belonged to Donny's boss, and threw it across the street in a field.

Here is the first KIDNAPPING. Davis forced Donny to take Davis home and stay the night. Because Davis didn't trust Donny. He was afraid Donny would go to the police and tell what he had just done. For over 12 hours, Donny was help hostage to Davis. The next morning, Davis released Donny after he forced Donny to go by the crime scene. I should say that Davis was not charged with a crime for hostage or kidnapping.

So now, Donny has been KIDNAPPED twice within a 48 hour period. But this time, Donny is being held hostage by Garvin County Sheriff Branch for money. Which I will explain more of that later under the DOC portion. While Donny was in the Garvin County Jail awaiting trial, Sheriff Branch had tried to kill Donny several times. This is where the Old West comes into play. There is now “hits” put out on Donny and Davis for the murder of Miss Beene. Her Grandpa has put up the funds, and is today believed to be in a trust fund for the murder of these two. Several cousins were sent in to kill Donny, but when one of them heard the story Donny told, he said he was sent in to kill Donny. But believes Donny didn't do the murder. So he let Donny go, and was sent home. Another time, the Undersheriff got wind of an attack on Donny's life, and had moved Donny to another cell for safety.

While Donny is sitting in the Garvin County Jail, Sheriff Branch of Garvin County is plotting a good spot for a crime scene. Sheriff Smith of McClain County is helping Sheriff Branch with evidence. Sheriff Smith had taken evidence off of the victim's body to give to Sheriff Branch to plant at a fake crime scene in Garvin County. All Branch wanted was revenge for his life long friends, and he didn't care how he got revenge, as long as he got it. Sheriff Branch stated so under oath.

Kidnapping #4 - No Warrant of Arrest or Bind-Over 

The first day that Donny is in Garvin County, he is taken in front of a Judge. Donny was to have been taken in front of the Judge by the officer who placed him in that Jail Cell. Donny was taken in front of the Judge by an Assistant District Attorney. What's wrong with this picture, people? Neither of the Sheriff's could take Donny in front of the Judge, Why? Because they were still plotting the corruption.

Sheriff Branch did not fill out the Information Sheet, nor did he sign the Information Sheet. It was typed, filled out, and signed by a Brenda Warren, who was a Deputy. She signed Sheriff Branch name to the Information Sheet. On the back of this sheet is the Bind-Over Order to be filled out by the Judge to hold Donny in the County Jail. It's not filled out. There is no Bind-Over Order to hold Donny in any Jail cell. So Donny is free to leave. But is was not able to leave, because he was KIDNAPPED!

Did I say, there is no arrest record for Donny at all in Gavin County, Oklahoma? No, there is not any record of Donny ever being in the Garvin County Jail in 1979. No Mug Shot, no Book-In Sheet, no arrest, no warrant for arrest and now no Bind-Over order from a Judge. How is this possible? Because Sheriff Branch got sloppy. He was more for getting revenge than he was about doing things right with the law. Sheriff Branch always thought of himself above the law. He was one of these Sheriffs that shot first, ask questions later. He would rather shoot you than to look at you, if he didn't like you.

So on April 29, 1979, Donny is now officially KIDNAPPED by Garvin County.

Here is the Law on Arrest Warrants - Rule 4. Arrest Warrant or Summons on a Complaint

(a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint. If an individual defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the government must, issue a warrant. If an organizational defendant fails to appear in response to a summons, a judge may take any action authorized by United States law.

(b) Form.

(1) Warrant. A warrant must:

(A) contain the defendant's name or, if it is unknown, a name or description by which the defendant can be identified with reasonable certainty;

(B) describe the offense charged in the complaint;

(C) command that the defendant be arrested and brought without unnecessary delay before a magistrate judge or, if none is reasonably available, before a state or local judicial officer; and

(D) be signed by a judge.

That's the Federal Law - Federal Rules of Criminal Procedure› TITLE II. PRELIMINARY PROCEEDINGS, that is used. There is no way around not having a warrant of arrest or any kind or commitment papers to hold a person in jail or prison. You MUST have that Warrant, if not, you are just KIDNAPPED. Your case is supposed to be dismissed. We all know how corrupt our legal system is.

The Warrants came from our 4^th Amendment Rights. Without a Warrant, your 4^th Amendment Right has been violated. Remember before, when I said, that Donny had searches on his apartment and vehicle without a search warrant? That was a violation of his Constitutional Rights.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So now we have Donny being Kidnapped by not only the Murderer himself, but also by McClain County Sheriff Smith and now Garvin County Sheriff Branch. His Constitutional Rights has been violated, along with Due Process of law.

Kidnapped for Ransom

So what is Kidnapped? What does it mean? According to Merriam-Webster it means - take (someone) away illegally by force, typically to obtain a ransom. This is just what happened to Donny, he was taken away illegally.

You are asking what is the ransom? Before prison it was to seek revenge for the victim's family. Whom ever was able to get inside that county jail to kill both Donny and Davis, was to get a large sum of money. Once you get to the Oklahoma Department of Corrections (ODOC), it is for stock money from private prisons, and slavery (work what the State needs done).

Let me tell you a little story. When God sends His Angels in to protect someone, that person is well protected. God has been protecting Donny ever since he had been in that county jail. Why? Because Donny is innocent of those crimes. God also protects His chosen children. Remember me saying before, Donny grew up in a Christian home and was a Christian. A child of God. I know you are asking, if Donny is so innocent, why hasn't God let him out? We do not know that answer ourselves. We have several theories, but only God knows that answer.

Setting up a Fake Crime Scene - Evidence Tampering

Here we have both Donny and Davis sitting in the Garvin County Jail. Sheriff Branch took Davis out for a ride to try to get Davis to help make up a fake crime scene. What Sheriff Branch did not know, was Davis didn't know anything about Garvin County country roads, because he wasn't from Garvin County. Davis was from Purcell, McClain County. All Davis could do was go down dead end roads. He didn't know anything about where they were on those roads. So, Sheriff Branch was stuck. He had to find the perfect spot to make a crime scene, and fast. Where did he finally decide was a good spot? Right there on the family property, where he had help put in a cattle guard.

But wait! He needed some evidence to be place there to prove that was the actual crime scene. That's when he got some evidence that McClain County Sheriff Smith took from the victim's body. A shoe and an earring.

Now here is where it gets good. Sheriff Smith testified at the Preliminary Hearing under oath, that he had turned over all evidence from the original crime scene to (OSBI) Oklahoma State Bureau of Investigation. If that evidence was turned over to OSBI, than no County personnel would have access to that evidence. Right? Well, apparently Sheriff Smith lied under oath in a Court of Law, because he did not turn that evidence over to OSBI as he had testified. He gave it to Sheriff Branch, and Branch was no OSBI personnel. Sheriff Branch used that evidence to make a fake crime scene, just so he could have that case in his County to seek revenge for his life long friends.

Too Many Crime Scenes

Let me ask you this. How many shoes does a normal person wear? Back in 1979, girls normally just had one hole piercing in each ear. Right? The answer is 2, to both questions. Two shoes, one for each foot and 2 earrings, one for each ear. Apparently this victim had more than 2 shoes and more than 2 earrings she was wearing; because her shoe and earring she had worn was found at several places around McClain and Garvin Counties.

Originally they were found at the crime scene in Purcell, McClain County, Oklahoma. The very same scene as the Medical Examiner has on the Autopsy Report as being place of death. Then a shoe and an earring was found by the Purcell City Lake, in McClain County. Now how do you suppose they got there? Now, remember Sheriff Smith testified under oath that he turned all evidence into the state crime lab – OSBI. But he didn't, he took those pieces of evidence off the victim to give to Garvin County Sheriff Branch, so he could make up a fake crime scene in his own county.

So now, this 1 shoe and 1 earring not only has been seen at the original crime scene, but also Purcell City Lake. But Purcell City Lake wasn't in Garvin County, and that couldn't have been where the victim had died according to Sheriff Branch. He tried to make up a crime scene on lover's lane. He claims he found the very same shoe and earring there on lover's lane. But since Davis wasn't any help getting a crime scene, that's when Sheriff Branch decided on the cattle guard. Once again, that 1 shoe and 1 earring was found at the cattle guard. That's 4 shoes and 4 earrings, all the same. How could that be? Because it was a set up to get the case in Garvin County.

Would this not be called “planting evidence” or “evidence tampering”? Here is the Law on falsifying evidence -

Title 21. Crimes and Punishments
§21-451. Offering false evidence.

Any person who, upon any trial, proceedings, inquiry or investigation whatever, authorized by law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered, shall be guilty of a felony and shall be punished in the same manner as the forging or false alteration of such instrument is made punishable by the provisions of this title.

Title 21. Crimes and Punishments
§21-453. Preparing false evidence.

Any person guilty of falsely preparing any book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced as genuine upon any trial, proceeding or inquiry whatever, authorized by law, shall be guilty of a felony.

This is falsified evidence that Sheriff Branch used in the Garvin County Court to show that the crime happened in Garvin County. However, the Judge and Donny's attorneys failed to see the Autopsy report stating that the death was in Purcell, McClain County. So how can Garvin County try a person for a crime that did not have jurisdiction of that case? Because Sheriff Branch was consumed with revenge for his life long friends. Sheriff Branch should had been taken off of the case, once he had identified the body. Sheriff Branch knowing the family was a conflict of interest. It also had been rumored that the Grandpa paid Sheriff Branch to have the case in Garvin County.

Kidnapping #5 - Falsifying a Crime

If the murder was not enough, Sheriff Branch wanted to make sure he got Donny and Davis good, so they could either get the death penalty or life in prison. What did he do? Sheriff Branch added another charge of Rape in the First Degree. Three days after he filed an information sheet for murder. Why, Rape?

Lets go back to the night of the murder. Donny was sitting in the front seat of his car, listening to music. They all had been drinking and during drugs. We all know how well those mixes together. While Donny was in the front seat of the car, the other two was at the trunk of the car where the alcohol was. Donny hears a scream and goes running to the trunk and asks what is going on. Davis says he's going to rape her. When he said that, she called Davis a name. Davis punched her in the face. As her body went limp into the trunk, Davis grabs the hammer and hits her in the head. Davis says – No one calls me an S.O.B. and gets by with it.

The rape never happened. Davis just said he was going to rape her, but instead – he killed her. Now, you can get an idea just how quickly all this happened. It happened like a snap of a finger. Donny had never seen anything like this in his entire life. Donny was just got! What could he do? It happened too quickly.

Let me tell you the body sizes of these 3 people. Donny being the smallest of 5 foot 6 inches tall, weighing about 118. Davis was about 5 foot 9 inches tall, weighing about 150 pounds. Ms Beene was about 5 foot 7 inches tall, weighing about 150 pounds. As you can see, Donny had nothing of body wise to go against either one of these people. He weighed about 30 pounds less than Davis. He would have been a push over with a finger.

So now we have the rape charge on a rape that never happened. Looking at the Autopsy report, it shows no signs of rape. Everything was in tact, no rips or tears in the vaginal area. The only bruising or marks were on the head, face area and neck.

Now Sheriff Branch had another Information Sheet filled out and signed by the Deputy, Brenda Warren. Not signed by Sheriff Branch himself, but Brenda Warren signs it. Once again, Donny goes to in front of the Judge for this new charge. Again, the Judge does not sign the Bind-Over sheet. There is no warrant of arrest, no commitment papers, nothing signed by the Judge to hold Donny in the Garvin County Jail for this new false crime. This is Kidnapping number three!
Have you seen the pattern so far? The corruption that has been going on? Oh, but we are not done yet. There is more!

Now we have Donny and Davis sitting in the Garvin County Jail. But they are not in separate cells. What? Here we have a witness to murder who is being framed to act in concert for the crime of murder, in the same jail cell as the actual murderer. So what I have told you thus far, have you seen an act of concert for the murder? No!

Acting in Concert?

What is an act of concert? The legal definition states to act together, in an agreement, conspire. There was none of that going on in this case. How can they charge this? Because it was an act of being at the wrong place at the wrong time. Donny being a witness to the crime, Sheriff Branch didn't want Donny as a witness. My understanding, as I had learned years later, Sheriff Branch had it out for the Claunch boys. The only reason I had heard, was because Sheriff Branch wanted one or two of Donny's brother's to help sell drugs for him. They had refused. That was the story I was told, not by Donny. From that, we have an angry and distraught Sheriff that has it out for Donny and his family.

Now you are probably saying that is a far fetch story about Sheriff Branch. It is not, after doing much research on the Branch family, his own brother was caught in some kind of drug ring. There are many horror stories that came out against Sheriff Branch. Of how offenders would be killed in his own jail cell, or burnt to death in their jail cell. A person was shot in the back, while handcuffed by Sheriff Branch. Many horror stories are out there about this Sheriff Branch. I do not have to defend these stories, these stories has been reported, in the newspapers, on TV news, word of mouth from actual victims, whatever, but these stories are out there to be found.

Preventing Testimony

Like I was saying above, we have Donny and Davis in the same jail cell. Why? Because Sheriff Branch knew that Davis threatened to kill Donny if he had spoke. So to keep Donny from talking, Sheriff Branch kept them in the same cell. That is illegal! You have to separate the two people being charged for the same crime.

§21-455. Preventing witness from giving testimony - Threatening witness who has given testimony.

A. Every person who willfully prevents or attempts to prevent any person from giving testimony or producing any record, document or other object, who has been duly summoned or subpoenaed or endorsed on the criminal information or juvenile petition as a witness, or who makes a report of abuse or neglect pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his or her testimony or produce any record, document or other object, or to alter his or her testimony is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the custody of the Department of Corrections.

B. Every person who threatens physical harm through force or fear or causes or procures physical harm to be done to any person or harasses any person or causes a person to be harassed because of testimony given by such person in any civil or criminal trial or proceeding, or who makes a report of abuse or neglect pursuant to Section 1-2-101 of Title 10A of the Oklahoma Statutes or Section 10-104 of Title 43A of the Oklahoma Statutes, is, upon conviction, guilty of a felony punishable by not less than one (1) year nor more than ten (10) years in the custody of the Department of Corrections.

So now we go to Preliminary Hearing. Sheriff Branch and Sheriff Smith are both contradicting their own stories. In one statement they would tell the truth, which was Donny's statement. Than they would turn around and tell the made up story, which was Sheriff Branch's story. Sheriff Branch made up witnesses to tell a lie. There were no witnesses to what he had to say. They brought in a Jail House Snitch to testify that Donny was bragging about what he had done. Now this Jail House Snitch was not on the witness list, nor was this snitch in the Garvin County Jail. But Sheriff Branch testified that he took this snitch to his church to be Baptized, and he was a good person. Now, how could he be a good person, if he was trusty in the County Jail? You see the contradiction here? The corruption?

Falsifying Witnesses - Actual Witness

Now here is one story that Sheriff Branch had testified to on the witness stand. He stated that he had a witness of a young girl, who could testify that Donny and Davis had kidnapped the victim, the night of the murder. However, Sheriff Branch couldn't produce this witness. I personally, talked with a friend of Miss Beene years later. Who was with her that night before this horrible crime happened. This is what I was told by this witness. Miss Beene voluntarily went with Donny and Davis. In fact, Miss Beene had asked Donny if he could take her to a couple of places. After all, Donny and Miss Beene were friends, they grew up together. This witness stated that she (witness) was hesitant of Miss Beene going with Davis, because they didn't know Davis very well. Miss Beene said she would be alright, because he knew Donny. They didn't question Donny, they questioned Davis. From the actual witness, does that look like Miss Beene was kidnapped? No, not at all, because she was never kidnapped. She asked Donny to go with him.

When it came time for Donny to testify at his own trial. He was told by Sheriff Branch, that he was to say he couldn't remember anything. He was passed out in the front seat. That is just what Donny said. Because he knew if he didn't say what Sheriff Branch told him to say, he would be killed. After Donny got done testifying, Sheriff Branch moved Donny to a different jail cell.

Here is the other thing on Sheriff Branch and the Garvin County Court. Davis was put in Garvin County Jail and has a lower case number than Donny. However, they tried Donny first because, they knew if they could get a conviction on Donny, Davis would be convicted as well. But if they couldn't get a conviction on Donny, they had problems.

Attorneys Playing Russian Roulette

Donny was convicted of Murder in the First Degree in November 1979. He was immediately sent to DOC the following day. Three years later, Donny goes back to court for the Rape case. So in 1981, Donny is convicted of Rape in the First Degree. We have no idea why they waited 3 years to take Donny to court for this case, they could have forgotten it. But Davis was Convicted on both cases back to back. Davis plead guilty on both cases.

Donny's attorneys told Donny that if he plead nolo-contendere, that he would get a lighter sentence, on the Rape case. They had an agreement with the District Attorney. So that is just what Donny does. When the Judge asked the District Attorney if there was a prior agreement, the DA said know. Donny was floored! Come to find out, his two attorneys were discussing back and forth what Donny's punishment would be on this Rape case. His own attorneys were playing Russian Roulette with Donny's life. So now Donny is convicted of Rape in the first Degree, a crime that never happened.

Attorney Fail to Appeal

Here is another thing his attorneys did to him. His attorneys agreed to file an appeal on Donny's cases. About 5 years later, when Donny inquired about the appeals. His attorney stated, we felt you got off with life in prison, instead of the death penalty. Therefore, we felt we didn't need to file an appeal. What? That was not their job to make that decision. That was for Donny to decide.

So, looking back at all these broken laws, and broken Constitutional rights. This is what we have – CONSPIRACY! We have the both County Sheriffs working together tampering with evidence, falsifying witnesses, documents and stories. We have the Judges, County Court Clerks, District Attorneys, and other personnel illegally trying Donny without warrants or commitment papers, and ABSOLUTELY NO ARREST in Garvin County. Then there are the attorneys. From that day on, Donny has had nothing but trouble with the Courts and the Court Clerk on getting a new trial or even any kind of documents. The Court failed to give Donny a copy of any and all transcripts of his cases. His actual murder trial case, has court reporter notes, that has never been transcribed. All Donny has to go on are the transcripts from the Preliminary Hearing.

Title 21. Crimes and Punishments
§21-421. Conspiracy – Definition - Punishment.

A. If two or more persons conspire, either:

1. To commit any crime; or

2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or

3. Falsely to move or maintain any suit, action or proceeding; or

4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or

5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy.

B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony.

C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such fine and imprisonment.

Title 21. Crimes and Punishments
§21-741. Kidnapping defined.

Any person who, without lawful authority, seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away another, with intent, either:

1. To cause such other person to be confined or imprisoned in this state against the will of the other person; or

2. To cause such other person to be sent out of this state against the will of the other person; or

3. To cause such person to be sold as a slave, or in any way held to service against the will of such person, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years. Upon any trial for a violation of this section, the consent thereto of the person kidnapped or confined, shall not be a defense, unless it appears satisfactorily to the jury, that such person was above the age of twelve (12) years, and that such consent was not extorted by threat, or by duress.

Donny's Children Kidnapped

So, now Donny has been kidnapped and being held by Oklahoma Department of Corrections, against his will. When this happened back in 1979, Donny was a young father of two boys. So now, not only was Donny kidnapped, so was his boys. Their mother gave up her parental rights to the boys, but Donny refused to do so. He was granted monthly visits, phone calls and letters with his boys. But the mother's family took off with the boys, so Donny's parents or family couldn't find them. Put them in school under fictitious names, just to keep their dad's family from finding them. Now, Donny's boys were kidnapped as well. These boys were brainwashed that their dad was very terrible man, a monster is what they were told.

Donny is no monster, he is a very kind caring man. A man who loves Jesus Christ and has walked with Jesus all 38 plus years he had been kidnapped. Donny loves his boys and family so very much.

The monster in Donny's case is Garvin County, State of Oklahoma, Sheriff Branch, Sheriff Smith, and anyone else who has failed this man in any way.

Present Day (2017) Court - DNA Evidence Stolen

Forward to 2013, Donny is granted to have DNA tested to prove his Innocence. In September 2014, District Attorney Corey Miner presented in Garvin County Court a list of DNA Evidence that was being held at the Medical Examiner's Office in Oklahoma City, Oklahoma. On September 23, 2014, DA Corey Miner went into the Medical Examiner's Office in Oklahoma City and picked up the DNA Evidence, but never sent it off to be tested. DA Corey Miner presented a bogus (fabricated) court order to pick up the DNA evidence.  There was not a court order to have the DNA evidence sent off to be tested, nor for DA Corey Miner to pick up the DNA evidence.  This is a FELONY crime by DA Corey Miner!

In fact, what was to have happened was the Medical Examiner was to sent the DNA off to the lab, once they received the court order to do so. On November 7, 2016, DA Corey Miner states to the Garvin County Court that he did not pick up the DNA Evidence, when the Medical Examiner's Office states he did. So now, we have a current District Attorney, stealing DNA Evidence, to keep from being tested to prove a man's innocence. Under law, once that evidence has been found and presented in court, than disappears; the case is to be dismissed. But the Garvin County Courts and Oklahoma Criminal Court of Appeals is refusing to dismiss these cases.

Yet, no one will press charges against DA Corey Miner for stealing the DNA Evidence. 

Donny had appealed the Garvin County District Court denying him relief of his crimes to OCCA (Oklahoma Court of Criminal Appeals).  The evidence that was needed was sent in the exhibits by the Garvin County Court Clerk.  But the OCCA Judges were to lazy to look at the exhibits.  They stated that Donny did not present evidence to prove the stolen DNA.  Garvin County Court Clerk refused to send Donny a copy of all transcripts and exhibits, that were court ordered.  So therefore, Donny didn't have the evidence.  But the Court Clerk did send the exhibits, which had the evidence in it.  It was there!

The Conspicracy continues!