Oklahoma Judge Kincannon –
The Hijacking of Cimarron Ranch
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By Investigative Reporter
Edward Snook

Cimarron County, 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.

History

Judge Twyla Mason Gray

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, 2010. 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 reportedly 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 found "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 certiorari and mandate was issued June 7, 2011, ending the appeal process and rendering judge Gray's summary judgment null and void, with no further force or 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.

Attorney Reggie Whitten

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 by the parties involved.

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 however.

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.

Judge Ronald Kincannon

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.

Click to see Judge Kincannon's order and Reggie Whitten's affidavit

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 Order 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 on October 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. Gray's order originally came out of her court in Oklahoma City, Oklahoma County, OK. in February 2010. Kincannnon did not have the authority to re-issue 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 foreclosed on 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 property.”

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 of CRR.

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 thing.

It is beginning to appear that Judge Kincannon has jumped into bed with the wrong people.

Editor’s Note: Anyone with information regarding this case is urged to contact Edward Snook at 541-474-7885 or by email to ed@usobserver.com.

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