Bill and Lisa Woolley tell FOX23 News a judge violated Lisa's constitutional rights by not giving her a jury trial to dissolve her guardianship of their grandson.
FOX23 has brought you extensive coverage of their legal battle to reunite with the little boy who is now 10 years old after he was removed from their home at the age of 5.
In 2018, the Woolleys found their baby grandson Elijah dead in his crib and say he died from natural causes due to severe constipation. They were first charged with murder in the baby's death and with sexual abuse of the 5-year-old. All charges were dropped by the Wagoner County District Attorney in 2021, yet the living child has not been reunited with his family.
When the Woolleys were first charged, Bill Woolley signed away his guardianship of his grandson claiming a lawyer told him it was in the best interest of the child. Lisa Woolley did not sign away her rights. In a new affidavit served to that judge, Lisa says under the Oklahoma Constitution, she should've been given a jury trial before the guardianship was dissolved and the judge in the matter granted custody to the boy's foster mom.
"In our case, they dissolved the legal guardianship," Lisa said. "They did not wait to find out if we were guilty at all."
State Representative J.J. Humphrey of Atoka County is getting involved. As the Chairman of the Criminal Justice & Corrections Committee, he agrees that the Woolley's constitutional rights have been violated.
"They've been taken to court and taken to jail multiple times," Humphrey told FOX23. "The state has dismissed their charges multiple times. You know if you are not found guilty you are innocent until proven guilty."
He is sending an email to all elected leaders in Oklahoma with the Woolley's affidavit attached, asking people to get involved claiming, "there's no greater harm or abuse by the government than the wrongful removal of our children."
The Woolleys say when the charges were dropped, their guardianship should've been restored the same day. They tell FOX23 now that the boy has spent just as much time with his foster family as he did in their home being raised by them, they'd be willing to keep his relationships with his siblings intact.
"He's attached to his half brothers, we don't want to violate that," Bill said. "We want to do what's best for him and we believe that's putting him back in our custody our guardianship and then we will then make allowances to have those connections."
"He's lost enough," Lisa said. "He should not have to lose anything else, he should not have to lose anyone else in his life. We stand behind that. No matter that they've made mistakes, if they are willing to make changes, we will work together. We will work together because that's what he needs. Whatever he needs is what we want to give him."