Prior Abuse Evidence

In OCCA case No. F-2001-916, Gilda Marie Schoonover appealed her conviction for Committing or Permitting Child-Abuse Murder. In an unpublished decision, the court decided to reverse and remand for a new trial. One judge dissented. Gilda and her husband were charged with the murder of their adopted child, Benjamin, who was just over two years old. The trial took place with a jury, and both Gilda and her husband were found guilty. They were sentenced to life in prison based on the jury's recommendation. During the trial, there were several problems that Gilda highlighted as reasons for her appeal. First, she argued it was wrong for the jury to consider different ways to blame her. They were told that it was possible she either directly hurt the child or allowed her husband to hurt him. Gilda felt that allowing these different ideas confused the jury. She also pointed out that the court did not let the defense see all the evidence it needed, like a written statement from another person who might have helped their case. Furthermore, Gilda was unhappy about how the court allowed some information about past contacts with child services to be used against her. The jury couldn’t be sure which theory they believed—the one where Gilda hurt the child or the one where she let her husband hurt him. The court agreed that the evidence provided did not clearly show that she personally allowed the abuse or knew it was going to happen. Because of these issues, the court decided that Gilda deserved a new trial to ensure she had a fair chance to defend herself. In summary, the court found errors in the trial process, particularly in how the jury was instructed and the evidence presented. Gilda's conviction was overturned, and she was given another chance to have her case heard.