On the 20th day of Oct 2003, there was a man put in the same cell that I, Bobby Newsom was in.  This man was covered in blood and I was asked by Jailer Jim Minter to help him, because the man could not stand up on his own or get up or down.  Jim had to help this man in our cell E-6.

The man's name who had blood all over him was Robert Day.  This man, Robert, was in bad shape when he came into the jail.  He had been thrown through the windshield of his truck in a wreck he was in three or four days earlier on approximately Oct 16, 2003.  That's why he was covered in blood, wet and dry blood.  He was covered in open cuts without any bandages or any type of clean  up.  I mean a lot of blood - hands, arms, legs, neck, head, chest, back, feet.  Approximately a half pint of blood was smeared over his body from fresh and open cuts. Robert Day has HIV/HepC/and the TB virus. 

No one told me that he had HIV-HepC and TB.  They asked me to help him in a 6'x9' cell, 24 hour lock down.  I took care of Robert because they would not take him to the hospital. [See NOTE]  He screamed day and night.  Jailers would give him aspirins to shut him up for a few minutes.  I never knew this man had HIV/HepC/TB, but every time the jailers came by to give him aspirins or when Jim Minter put him in our cell, they were always wearing protective gloves on their hands.  They knew he had these diseases when he first came to jail.  They got the right to protect themselves, but where were my gloves or bleach?  Better yet, what gives them the right to put a bloody man in with a healthy man?  My life and health were in danger from the diseases that kills over 3,000 people a day worldwide, thousands are children.

NOTE:  Robert Day was taken to hospital when first arrested but he refused help at that time.  He was in an 'altered state of conciousness' and didn't feel any pain.  They should have overruled his decision as he was in their custody and obviously needed help.  A few days later when he was sober and asked for a doctor, they denied him medical care.

On October 22, 2003, Wednesday, Judge Buxton, D.A. Jerry Herberger, Attorney Jim Berry, and Jailer Jim Minter all came down to arraign Robert Day. Robert could not walk to the courtroom so they brought the courtroom to Robert Day.

I heard something rolling down the hall to our cell door.  I figured it was for Robert Day and it was. When the door opened, it was to my surprise.  I thought it was a preacher but it was Jailer Jim Minter and D.A. Jerry Herberger.  They had brought a chair for Robert. As I reached down towards the floor to pick Robert up to set him in the chair, as I was lifting him up, DA Jerry Herberger said to Jailer Jim Minter, "Don't worry, Bobby is getting him." 

I wrapped his arm around my neck and grabbed him like I was going to help him to the chair, but after I picked him up, Judge Burton told us to go right ahead and stay there because of all the blood on Robert and his clothes.

The judge arraigned Robert Day.  All four of them were standing in front of the door where they could see us.  I say us because I had to hold Robert up and without any thought I was getting blood on me from Robert Day that had these diseases right in front of the Judge. the DA, a Jailer and a lawyer while they were talking to Robert.

I noticed that they all were wearing protective gloves on their hands but was ___ because of the charges Robert Day was in there for - Murder - 2 charges.

After a good hour and a half to two hour arraignment, with me lifting up Robert's shirt to show the judge the cuts and bruises on his back, the judge just said, "Just a few bumps and bruises."  Later I found out Robert's back was broken in three separate places!!!

Then they shut the door and walked off, leaving me in there with this man with blood on him, without gloves for myself or without even telling me of the diseases.

On October 23rd, my mom called the jailers and told them to tell me to call her.  It was about 7:00pm.  That's when mom told me that she had found out that it was in the newspaper, all about the wreck, the diseases the man had and that he was in this jail.  Then I was sure Robert was the one who had these diseases! I was 100% sure.  And they knew he had those diseases!  That's why the jailer started wearing protective gloves to our cell.  That's why William Buxton, Jerry Herberger, Jim Berry, and Jim Minter came down with protective gloves on their hands.  Because they all knew that he had blood on him.  Someone told them of the bloody man that had HIV/HepC/TB. 

They knew of these diseases and Jerry Herberger knew who I was when I started to pick Robert up.  Jerry Herberger and Judge Buxton and Jim Minter all know me, know that I'm married with three kids, and they left my life in danger.  Blood is a health violation and with them knowing of these diseases, they all left my life in danger! 

EYE WITNESSES

STEVE PALATRINO:  Knowledge of Judge Buxton, DA Jerry Herberger, Jailer Jim Minter and Jim Berry all wearing protective gloves and of the words' said at the arraignment.

JIMMY HIMES:  Knowledge of Robert still having open bleeding cuts on October 29th and  how bad of shape Robert was in.

JASON BISHOP: Trustee:  Knowledge that Robert had HIV when he first arrived at the jail.

THOMAS DELOGON:  Cell mate, who was also put in danger for their actions in putting a bloody man with diseases in there, who also was in contact with the blood, who knows about all of the actions that went on.  He was an eye-witness to every day.

ROBERT DAY:  This man is witness to everything:  The man who had the diseases, who knows all about when, what, who and how.

WILLIAM BUXTON:  The judge who came down to arraign Robert Day in my cell because Robert could not walk to the courtroom.  The judge is witness to all the blood and admitted to it in front of my whole family and the doctors about what bad shape Robert was in and the blood.  Doctor, Lench, Barbra Shelton and more saw and heard the judge admit his knowledge.

JERRY HERBERGER:  The DA who was with Judge Buxton, Jim Minter and Jim Berry witnessed them wearing protective gloves and was going to help Robert sit in the chair and then said, "Never mind, Bobby will get him", knowing who I am from several occasions, knowing of my wife and kids.

JIM BERRY:  The lawyer who was with Judge Buxton, Jerry Herberger and Jim Minter while they arraigned Robert Day.  He knows about all the blood and saw me taking care of Robert in front of the judge, the DA and the jailer.  He knows about it and that makes him a conspirator of these charges.

JIM MINTER:  The jailer who put Robert Day in our cell with all the blood while wearing protective gloves and wearing gloves while giving Robert aspirins on many occasions and wearing gloves with William Buxton, Jerry Herberger and Jim Berry.  He is a witness to every thing.

ROBERT:  A JAILER:  I don't know his last name, but it could be found out pretty easily.  On October 19th, Robert the Jailer moved me, Bobby Newsom, and Thomas DeLogon to the drunk tank (aka THE ROCK) for someone to [help Robert] take a shower in our cell, but moved us back from the drunk tank to our cell in E-6.  But no one took a shower.  The next day, me and Thomas found out Robert Day was supposed to take a shower, but never did. Robert the jailer said Robert Day could not get up.

Robert the jailer knew Robert Day had HIV/HepC and that's why he moved me and Thomas to the drunk tank.  Robert the Jailer admitted to me that they all knew Robert Day had the diseases.  Robert the jailer also said he should have never been put in our cell and he did not blame me for getting moved out of E-6 when I found out the hard way after getting blood and urine on me.  Now I, Bobby Newsom, probably will get these diseases for taking care of Robert Day when he should have been taken to a hospital.  I've ate with my hands and took care of Robert Day without gloves or bleach to protect my body!

LONNIE ESTES:  ANOTHER JAILER who came down and gave aspirins to Robert Day wearing protective gloves and has knowledge of all the blood and disease.  He also left Robert in the cell with myself and Thomas, knowing about all the blood .  He talked to Robert Day several times to calm Robert from kicking the cell door.

LARRY OSTER:  The JAIL ADMINISTRATOR who let Robert Day's dad talk to Robert through the bean hole [the place we get our food].  Larry looked at Robert Day and I remember Larry asking Robert if he was alright, I guess because of all the blood he saw on Robert.  He told Robert his dad was there to talk to him.  Larry stayed there while father and son talked.  The bean hole was opened because Robert could not stand up for a visit through the vent.  They talked through the bean hole.  This happened 30 minutes after the Judge, DA, Jailers and lawyer were there.  Larry has knowledge of me and Robert Day in the same cell together.

DEBBIE:  A JAILER.  On the 23 of October at 7:00pm, my mom called Debbie after finding out that I wasn in the cell with Robert with all the blood, wet and dry, that was carrying thoses diseases.  She called to try to protect me from getting the diseases.  Only problem is, it was after days of me taking care of him, after I was exposed to the blood and urine on about 30 different occations.  I know there's a 99% chance I will get at least one of these diseases myself.  They all wore gloves, they all knew he had the diseases and now I'm going to get AIDs.

BOBBY NEWSOM:  Myself. Eye witness to everything and needs to file charges, so I can get my HIV blood test results back.  On March 23rd I had blood taken for testing, but never got my results.  On the first of May blood was taken again for HepC, B, and A.  It is now May 28th and I still have not gotten any of the results back.  It's time to take legal action.

COPY THIS FILE, keep copies yourself. Keep a copy for my lawyer.  There's more than enough here to file charges.  NO MORE EXCUSES.... FILE CHARGES!

LT GOVERNOR STATE OF OKLAHOMA
carolyn.pickthorn@ltgov.state.ok.us