Staff Writer
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A couple caught up in a custody battle have now been formally accused of plotting to hide their child from Department of Human Services investigators.
Ray Woodson and Carla Legates appeared before Judge Joe Smith Friday.
Woodson has been charged with violating a child custody court order — a felony — that was signed less than one hour before he was arrested and the child was taken into custody on Oct. 3. A new charge of attempted perjury by subornation — a felony — was filed Tuesday. Woodson has a prior felony conviction record.
Still, the father of the 7-week-old child, said, “I will be prepared to see this thing through to the very end.
“I’m not running from them, and I’m not afraid of them. I’m not involved in any illegal acts anymore. I’m a productive citizen and father.”
Also charged is the baby’s mother, Carla Legates, whose 2-year-old son has been in state custody since Feb. 11, 2005 — two days after he was born.
Legates is charged with misdemeanor obstructing an officer.
According to the information filed in the Woodson case, authorities allege he failed to comply with the child custody order, signed by Smith Oct. 3, the same day he was arrested.
Authorities allege that Woodson was at a residence at 20633 S. Diana Drive, east of Claremore, where law enforcement officers knocked on front and back doors of the mobile home as well as the exterior walls of the home with no one answering. Officers stated they also shined spotlights into the home and called the home’s phone, “which could be heard ringing 15 to 20 feet outside the residence at least three different times for 20 to 30 rings.”
Once inside the home, the affidavit states that Woodson had to be told twice to put the child down, to which he complied with, stating, “My baby is a resident of Kansas you can’t take him.”
The attempted perjury by subornation charge alleges Woodson, through telephone calls made by Legates from the Rogers County Jail, conspired with her to falsely tell the court that the child was born in Wichita, Kan., and that custody had been signed over to Woodson. The prosecution claims Legates said Woodson and the baby were in the state of Kansas, “although they were actually still in Oklahoma, all of which would have been knowingly false testimony presented in court under oath.”
According to a statement from hospital personnel at ViaChristi Regional Medical Center—St. Joseph Campus in Wichita, Kan., the now 7-week-old child was born at that facility. The statement includes the child’s name, date of birth (Sept. 7), time of birth (8:59 p.m.), sex (male), mother’s name (Legates) and father’s name (Woodson), and is signed by hospital personnel on Sept. 8.
In addition, the conversation between Legates and Woodson from the Rogers County Jail followed Legates’ court appearance on Oct. 2 where she failed to reveal the location of her newborn and was subsequently jailed for contempt of court. Legates was in court that day for further proceedings concerning her now 2-year-old child.
Once the baby was in state custody, presiding Judge Dynda Post dropped the contempt of court charge. The charge was amended to obstructing an officer.
Additional allegations in the attempted perjury by subornation charge against Woodson states he appeared “upset/angry and questioned/verbally scalded” Legates “at least 15 times between 10-02-07 and 10-04-07 as to why she did not commit perjury to the court as they had planned and discussed for at least a week prior to the court hearing.” The State alleges Woodson “demanded” Legates commit perjury.
Information concerning Legates’ misdemeanor charge alleges she “delayed public officers ... in their duties of office by initially refusing to give officers information as to the whereabouts of (the baby).” The state also alleges Legates gave false information to Jail Administrator Shari Copenhaver and Deputy Don Thirion of the Rogers County Sheriff’s Office when they asked about the location of the child. She allegedly told Copenhaver and Thirion “she did not know where the baby was because as soon as she gave birth to it, she turned custody of the child over to its biological father Ray Woodson.” They added that Legates allegedly said the child was “probably somewhere in Kansas with Mr. Woodson. The defendant, having knowledge at that time the information she provided was false and knowing the baby was in Claremore, OK with Ray Woodson.”
The affidavits in both cases were signed by Assistant District Attorney Jenny Sanbrano, who is also the prosecutor in the child custody case, with Chief Investigator Darrin Hester listed as the first witness.
Legates denies the statements authorities are alleging. Woodson also denies the allegations.
“How was I to know there was a child custody order if it was signed 49 minutes before they arrested me and took my baby?” Woodson said. “I didn’t hear anyone knocking on the trailer walls and besides, it wasn’t my home and I have no authority to open the door to someone I don’t know. They were in unmarked cars so I didn’t know they were officers and people from DHS.”
Also included in Woodson’s file is the fact that he has been convicted of felonies previously, including possession of a controlled substance and possession of paraphernalia from 2004 in Rogers County. The court also alleges Woodson has a felony charge in the state of Kansas.
Using past criminal history in conjunction with the criminal and child custody case is something with which Woodson does not agree.
“It’s my opinion that these charges are nothing but tools they’re using to take my son away from me when I have committed no wrong,” he said.
If convicted of the felony charges, Woodson could face prison time due to the fact that he has prior felony convictions.
“I’m going to fight to the end for my children, even if they send Ray to prison,” Legates said.
Both Woodson and Legates appeared in Smith’s courtroom Friday for an arraignment. Woodson is awaiting legal representation and was ordered to appear back in front of Smith at 9 a.m. Nov. 9. Smith said this would allow Woodson time to obtain legal counsel. Legates is represented by the law firm of Carolina & Morgan out of Tulsa and her case was set for 9 a.m. Nov. 27.
Legates is currently free on a $5,000 bond.
Smith told Woodson that due to the additional charge of attempted perjury by subornation, the state may require he make an additional bond. Woodson was previously released from the Rogers County Jail on a $10,000 bond for the violation of a child custody court order charge.
