Oklahoma - In 2005, Cimarron River Ranch L.L.C. (CRR) ranch manager
Samuel Parker leased 24,000 acres of grazing lands from the Commissioners
of the Land Office in Oklahoma City, OK (CLO). CLO Assistant Secretary Keith Kuhlman, then director
of real estate management for the CLO, re-configures or trades out large
portions of Parker's watered leases, much to the detriment of CRR. Acting
within its rights under the lease agreement, CRR notified the CLO that
several of the re-configured leases would be given up by CRR at the
end of the lease year. Kuhlman refused to allow CRR to return the reconfigured
leases to the CLO and in December 2007, CRR sued CLO for breach of contract.
Ignoring CRR's rights under
the lease agreements, infamously corrupt Judge Twyla Gray in 2009, granted
summary judgment to CLO against CRR for $524,000 in rents.
CRR appealed Gray's
ruling, but while on appeal, CRR's ranch is seized by armed sheriffs,
without notice in February 2010 and CRR ranch manager
Roy Young was evicted off the property under an Order In Aid of Execution
issued by Judge Gray. CRR's ranch was sold at auction on April 14,
Oklahoma City attorney Reggie Whitten and the Whitten Newman Foundation
were the high bidders. No record of a deposit was ever recorded with
the court clerk by Whitten according to public records and Whitten
didn’t follow through on his purchase of the ranch because
of large recorded mortgages on the property.
CRR appealed Grays’s corrupted insider ruling and they were
successful. On October 15, 2010, the State Court of Civil Appeals
"District Judge Twyla Gray had erred in granting CLO's summary
judgment" and reversed summary judgment. The CLO then filed
an appeal and the Oklahoma Supreme Court denied CLO's petition for
and mandate was issued June 7, 2011, ending the appeal process and
rendering judge Gray's summary judgment null and void, with no further
effect and with it the Order In Aid of Execution against Roy Young,
CRR ranch manager.
The CLO however, to date, has refused to grant CRR's numerous requests
that full and complete possession of its ranch be given back.
Sheriff Keith Borth
In June 2011, without judgment, title, lease agreement or permission
by CRR, CLO and Sheriff Keith Borth of Boise City, Oklahoma granted
permission to attorney Reggie Whitten of Oklahoma City to allegedly
trespass upon CRR property and set up residency, which Whitten reportedly
has done. When CRR sued Whitten for trespass and damages in June, 2011,
Whitten responded by sworn affidavit to the court that he was given
permission to do so by both Sheriff Borth and the CLO.
At this juncture, the question that begs answering and one the US Observer
will demand an answer to is this: How do elected and appointed state
officials, or anyone for that matter, allegedly give permission to anyone
to break the law. In this case I am referring to Whitten, Sheriff Borth
and the CLO?
It has to be one or the other, either the above officials broke the
law in granting Whitten permission to move onto private property and
set up camp, without any legal right whatsoever to do so, or Whitten
is lying under oath in his affidavit submitted to the court. In either
scenario you choose, the law is clearly being set aside and violated
Whitten and his brother-in-law
Robert Newman are subsequently sued by CRR for trespassing, and damage
to CRR property. On July 28, 2011, Whitten then pays the CLO $420,000
and asks the CLO for ownership of CRR.
The CLO should never have accepted the money from Whitten since the
judgment had been overturned and was no longer a collectable debt. We
believe laws may have been broken in their doing so. Further, Whitten
didn’t pay the money to the court clerk as is dictated by law,
but directly to the CLO to hold. The CLO accepted Whitten's money in
satisfaction of the now overturned, defunct judgment and provided confirmation
to CRR legal counsel that they were in receipt of the $420,000.
The CLO proceeded with Whitten's
request for ownership of CRR and produced a Sheriff's deed for Whitten
dated July 28, 2011 and signed by Sheriff Borth. One more problem remains
Back in 2005, certain loans were made to CRR by Belize Land and Development
Ltd. (BLD), which constituted a mortgage lien on the CRR property and
which CRR was then in default of payment on. These notes were called
due and payable by BLD and on July 13, 2011, CRR surrendered to BLD
a deed in lieu of foreclosure to all CRR lands and buildings and BLD
became the owner of all CRR real property.
When Whitten received his Sheriff's deed from the CLO and Sheriff Borth
on July 28, 2011, as a result of their collection actions on the overturned
judgment, CRR no longer owned anything, having been foreclosed on by
BLD on July 13, 2011.
At this writing,
Whitten persists in his requests to Judge Kincannon that he be granted
clear title to CRR. This, notwithstanding the fact
that there no longer exists a valid judgment against CRR upon which
title could be granted in satisfaction of, or the fact CRR was foreclosed
upon, prior to Whittens Sheriff's deed. This is quickly becoming
a very “tall-order” for Judge Kincannon to fill.
In June 2011, CRR ranch manager Roy Young was physically present on
the CRR property, having placed cattle on the deeded portion of the
ranch. Young was no longer being barred from the ranch as a result of
the judgment reversal. Whitten reportedly had knowledge of Young's presence
on the ranch and desiring peaceable enjoyment of the ranch for himself,
he requested that Judge Kincannon breathe life back into Judge Gray's
overturned Order In Aid of Execution and evict Young for a second time
off the ranch. Judge Kincannon obliged Whitten and re-issued Judge Twyla
Grays old Order In Aid of Execution, signed by himself this time on
the 4th day of August, 2011.
Sheriff's deputies' under the leadership of Sherriff Borth and
armed with Kincannon's revived version of Judge Gray's old Order
In Aid of
Execution, confronted Young and forcibly evicted him off CRR property,
now for the second time. By Kincannon's re-issuance of this old
In Aid of Execution, he in effect attempted to add new force and
effect to a dead judgment the State Court of Civil Appeals reversed
15, 2010 and which the State Supreme Court confirmed in May, 2011.
The real eye opener here is the fact that Judge Kincannon, according
to US Observer legal experts, went beyond his authority in the re-issuance
of Judge Gray's old Order In Aid of Execution in Cimarron County.
order originally came out of her court in Oklahoma City, Oklahoma
County, OK. in February 2010. Kincannnon did not have the authority
such an order at all. Judge Kincannon acted solely on his own in
re-issuing the old Order In Aid of Execution in his assistance of
Whitten. No matter
the fact, Whitten and Kincannon are basing all their actions on a
defunct, vacated judgment and CRR property that had been legally
previous to their efforts. Yes, facts are stubborn things.
According to a US~Observer source, this entire mess involving Whitten,
Kincannon, Borth, Keith Kuhlman and the CLO amounts to nothing more
than “felony activity in these people's attempts at conversion
of real property, legally defined as the unlawful appropriation of another's
As we dig into this case we understand better, although equally disgustingly,
Judge Kincannon's long overdue ruling in this case on behalf of CRR
and BLD, in granting them to be the rightful past and present owners
The good book says "where the heart is, there will your treasure
be also.” Something is holding up Kincannon's ruling in this case,
because it’s not that difficult if you desire to do the right
It is beginning to appear
that Judge Kincannon has jumped into bed with the wrong people.
Note: Anyone with information regarding this case is urged
to contact Edward Snook at 541-474-7885 or by email to firstname.lastname@example.org.