Impeachment « Cook County Judges

I am calling for an investigation by the Department of Justice of the illegal acts, done willingly and knowingly by the Illinois Supreme and Appellate Court judges as well as the Circuit Court of Cook County judges described as follows, which violate the Constitution, the law, and holdings of the United States Supreme Court. In addition the Illinois Attorney General and Director of the Illinois State Police were involved in this scheme to discredit whistle blowers against government corruption.

Clearly, when a judge purposely violates law (statutes, U.S. Supreme Court rulings, constitution) he is violating his oath of office and according to the U.S. Supreme Court in Cooper v. Aaron (1958) “waring on the constitution.” This causes his orders to be null and void as a judge has no jurisdiction to make up law, invalidate law without declaring it unconstitutional, or overturn U.S. Supreme Court holdings. To do so willingly is an act of treason per U.S. Chief Justice Marshall in Cohens v. Virginia(1921) ["We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution."] An order without jurisdiction is void, a nullity and must be disregarded, United States v. United Mine Workers of America, 330 U.S. 258 (1947).

DETAILS OF CORRUPT ACTS, MANY OF WHICH ARE ACTS OF FELONY FEDERAL TREASON, BY COOK COUNTY CIRCUIT COURT JUDGES:

MCHALE, KAZMIERSKI, BROSNAHAN, WADAS, PORTER, AND BEIBEL – WHICH HAVE DE FACTO SUSPENDED THE RIGHT TO PETITION FOR A WRIT OF HABEAS CORPUS IN ILLINOIS – A VIOLATION OF THE HIGHEST RIGHT THAT THE CONSTITUTION GUARANTEES UNITED STATES CITIZENS

Written on April 25, 2011 by Dr Linda Lorincz Shelton:

We have a Judicial Crisis in Cook County because the level of judicial ignorance, incompetence, and blatant disregard for basic constitutional rights including due process is so extreme that one can only say that our courts in Cook County are in a state of lawlessness, where they are destructive of American Ideals and Constitutional rights.

I’m going to relate to you right now the details of a group of cases that illustrate this fact, but remember this is only the tip of the iceberg.

Legal scholars say our highest Constitutional right is the right to petition for a writ of habeas corpus, Suspension Clause found in Article I Section 9 of United States Constitution preventing suspension of this right except in time of war.

Habeas corpus is where you ask a judge to review the reason for your incarceration. The constitution guarantees in the Bill of Rights that you will not be incarcerated without probable cause. If you are despite other safeguards, then the last remedy you have if all others fail is to file for a writ of habeas corpus and schedule a hearing before the presiding criminal court judge. Cook County Circuit Court Rule 15.2 requires that the presiding criminal court judge must hear any habeas petitions. Our local Cook County Circuit Court rules and the Illinois Habeas Statute combined mandate that when a non-attorney next-friend of the illegally held person files a habeas petition that the presiding criminal court judge must bring the defendant to court and appoint them a lawyer for the habeas proceedings.

The right to file a petition for writ of habeas corpus has been illegally suspended in Illinois. I was jailed last year illegally for six (6) months for exercising this Constitutional right on behalf of another person who is being held illegally, now for a year, in Cook County Jail, without probable.

Here is a summary of the two cases against Annabel Melongo, the person being held allegedly without probable cause, and the criminal contempt cases against me for filing a next-friend habeas petition, that demonstrate outrageous judicial and prosecutorial misconduct.

Annabel Melongo is a Cameroonian citizen, and resident of the United States, who is an computer expert. She took a job with a foundation called Save-A-Life Foundation to manage their computers. Melongo noticed during her work on their computers that SALF applications to the federal government for millions in grants contained fraudulent information. She turned this over to FBI Agent Depooter as a report of fraud upon the government.

At the same time, this foundation was in the middle of being investigated by Chuck Goudie, an Emmy award-winning investigative reporter. In Goudie’s television exposés he interviewed CPS CEO Arne Duncan, who confirmed to Goudie that SALF received $50,000 from the CPS per year but no services training school children in CPR were actually ever provided to the CPS. In total, Goudie documented that SALF obtained greater than $ 8 million from Homeland security, the Illinois Attorney General’s office, and other agencies, but has not provided documentation that this money was actually used to train children and first responders in CPR.

Goudie interviewed the SALF CEO Spizzirri to ask her to provide documentation as to how SALF actually used the grants for CPR training. SALF CEO Spizzirri literally stopped the interview and ran off. To this day SALF has not accounted for millions from the federal and state government in grants to train children and other “first responders” in CPR.

Around the time Goudie was interviewing CEO Spizzirri, Spizzirri fired Melongo and went to the police claiming all SALF financial records were accessed by remote computer and erased. She accused Melongo of doing this. Melongo was then indicted for remote computer tampering and the indictment said the SALF financial records were permanently erased, through a criminal act of remote computer tampering by Melongo. How convenient to divert attention from Spizzirri’s inability to account for how she used government grant money, instead to Melongo for alleged computer tampering.

Melongo’s attorney filed a Motion to Dismiss the charges claiming that Schiller Park Det. Martin committed fraud and perjury before the grand jury in obtaining the indictment. Martin testified to the grand jury that Melongo had remotely changed the passwords to the SALF computers and initiated a cascade that deleted the computer financial files.

This was contrary to Det. Martin’s police reports where he verified that a SALF employee had changed the computer passwords AFTER Melongo left, that the computers were disconnected from the servers so that their connection with the Internet was severed, and that the data was never lost, just was temporarily inaccessible. Det. Martin wrote in his reports that a SALF employee changed the passwords, not Melongo, and in so doing accidentally disabled the computers.

Det Martin also testified that an IL Attorney General’s office computer crime expert assisted the states attorney and in her written report stated Comcast computer IP address was used by Melongo to access the SALF computers, but Martin withheld the fact that Comcast had no record of Melongo being a customer, because she used SBC computer services.

Albukerk alleged that Det. Martin committed perjury and fraud in obtaining the indictment, that the indictment was therefore invalid, and that the case should be dismissed. He presented this motion to the court and Judge Brosnahan summarily denied it without an evidentiary hearing.

So the Illinois Attorney General’s office and the State’s Attorney of Cook County has absolute proof that Melongo never engaged in this alleged computer tampering and that no computer tampering crime was ever committed. Yet they still refuse to dismiss the charges and Melongo has remained in jail awaiting trial for the past year on a $300,000 bail, reduced from $500,000.

Judge Brosnahan set this extremely high and excessive bail on Melongo who has no criminal history because the State’s Attorney insisted that she was a flight risk because she held dual citizenship in Haiti and Cameroon. I have found no law that states that a person is a flight risk because they are a dual citizen. This bail alone was outrageous judicial mis-conduct.

Spizzirri to this day has never released the financial data to Goudie or the public and there has been no public comment by the FBI about SALF or Carol Spizzirri.

I was an acquaintance of Melongo, so like I did for another person who was being held without probable cause in 2009, I filed a next-friend petition for writ of habeas corpus with the Cook County Circuit Court Presiding Criminal Court Judge Biebel.

In 2009 I filed a habeas petition on behalf of this other person utilizing the Illinois Habeas Statute, 735 ILCS Article 10. Presiding Judge Biebel granted it by ordering the defendant brought into court and assigning her an attorney for the habeas petition, as required by Cook County Circuit Court Rule 15.2 – which resulted in the defendant’s later release from jail.

Last April and May, when I filed a next friend habeas petition on behalf of Melongo, Biebel was not available so the Court Clerk sent me to Judge Kazmierski who assigned the case to Judge Brosnahan.

In Illinois the IL Habeas Statute, 735 ILCS 5/10-103, says that a non-attorney can file a petition for writ of habeas corpus “on behalf of another.”

Judge Brosnahan refused to hear the habeas petition saying that non-attorneys can never file any pleadings on behalf of another. Then I went to Judge Kazmierski and he said the same thing. Then I tried again a few days later and a different judge, Judge Wadas, was filling in for Judge Biebel. He said the same thing and refused to hear the habeas petition!

All these judges therefore violated CLEAR Illinois Statutes and Constitutional rights. This is judicial misconduct! The statute even says that if a judge refuses to hear a habeas petition he can be fined $1000 which must be paid to the defendant.

Then I tried a fourth time. This time the petition for writ of habeas corpus was assigned to Judge McHale, sitting in for Judge Biebel. However, Judge Biebel appeared in his chambers half-way through the proceedings.

Judge McHale illegally overturned the IL Habeas Statute from the bench, ruling that filing a habeas petition as a non-attorney was an illegal act. When I stated in open court, in my defense that the suspension clause in the Constitution, Article I section 9, states that habeas cannot be suspended except in time of war, and that the U.S. Supreme Court, which ruled in Boumedine v Bush in 2008, that even prisoners at Guantanamo Bay had a right to have their father’s file habeas petitions, Judge McHale found me in contempt of court for “interrupting him.”

Defending oneself in court using quotes from the law is not an “interruption”; it is a right.

Judge McHale, without a trial, summarily ruled that I committed three separate acts of contempt by stating this argument three times and found me in contempt of court on these three, what he called, separate contempt cases. He then summarily sentenced me to consecutive jail terms of four (4) months, six (6) months, and six (6) months, a total of 16 months in jail for doing a legal act and then informing him about the law! He then made several related rulings that denied me good time statutory jail credits to ensure that I would suffer from the entire 16 month jail term.

In jail I was denied paper for three months. I was denied access to the law library – they said all those who are in the infirmary cannot go to the law library. The law librarian said she was unable to do any legal research and would only bring me case law or statutes if I give her a complete citation. I had to rely on friends I write to in order to obtain legal research and case law – which took months. In late July after being sentenced on May 11, 2010, a physician finally gave me some paper, but I didn’t get any stamps to mail my court pleadings to get them filed with the court for another month and didn’t get a hearing until Oct. 1, 2010. Then the 2nd and 3rd “cases” of contempt were made concurrent and the judge agreed that he had no jurisdiction to deny statutory good time jail credits, thus allowing me to be released after 6 months on Nov. 6, 2010 instead of having to serve the entire 16 months.

I filed motions to overturn this and he eventually granted some of them reducing the jail term to six months by granting some of the good time jail credits and I was released in November after this blatantly unlawful and unconstitutional conviction and wrongful six-month long incarceration for alleged criminal contempt of court. Of course I am appealing this injustice.

Judge McHale knowingly and blatantly violated the Constitution’s suspension clause, rulings of the United States Supreme Court, and the Illinois Habeas statutes and other Illinois Statutes including Good Time Jail Credits and Sentencing statutes that prohibit consecutive sentences for the same act during one case, as well as that require a jury trial for sentences > six (6) months.

The United States Supreme Court in three other cases including a ruling by Chief Justice Marshal held that when a judge knowingly and purposely violates law, and that can include violating the constitution, violating statutes, or violating U.S. Supreme Court rulings, then the judge is “waring on the constitution” in violating his oath of office. Judge Marshal declared that “waring on the constitution” is an act of treason against the United States, punishable by 20 years to life.

The story gets even more exciting because Melongo, prior to her bail being raised to $500,000, read the law and discovered that to be indicted a person must have the charges in a case read against them in open court. She did not remember any of the charges ever being read to her. She thought the court reporter had falsified the court transcript of the alleged arraignment by stating on the transcript that Melongo had been arraigned. Melongo also read the Illinois eavesdropping statutes that said it was a felony crime in Illinois to record a conversation without the other person’s permission. She also read that the law said that if a person has a reasonable suspicion that the person they were recording had committed a crime then it was not illegal to record them, as this was an exception to the law.

Melongo then recorded a conversation with the court reporter’s office staff, where she thought it was probable that they would admit that she was not arraigned, and that they had falsified the transcript which is a crime. Melongo thought this would be reason to throw out the case quickly as arraignment is a requirement and a right before a person can be tried. Melongo then put this recording on her web site which she had posted describing the alleged false arrest for computer tampering.

The States Attorney then arrested Melongo for eavesdropping and now wants to try her and convict her of a felony for recording her conversation with the court reporter without the court reporter’s permission. This is insanity! Where is this a crime? Where is the probable cause?

Judge Brosnahan set Melongo’s bail at $30,000 for felony eavesdropping, and because she was a flight risk due to the fact she holds dual passports, Brosnahan raised the bail on the computer tampering charge for violation of bail from a personal recognizance bond to a $500,000 bail, which Albukerk was able to get later reduced to the present $300,000, clearly outrageous in amount for this case, which should have been dismissed. Who ever heard of raising a bail from a personal recognizance bail to a $1/2 million bail for a non-violent crime without a victim!

This entire situation is out of control and can only be described as lawlessness due to police and judicial misconduct, in total violation of the law.

If four (4) judges, including three (3) senior criminal court judges can so blatantly deny Melongo’s and my most important Constitutional right to file a petition for writ of habeas corpus, as well as deny our constitutional rights to due process under the Fifth and Fourteenth Amendment to be free of arrest without probable cause and jail Melongo without probable cause for a year so far and me for six months after initially sentencing me without a trial to 16 months in jail, then the judges can get away with violating ANY law. The acts of these judges are impeachable. This lawlessness must stop NOW!

I call for an investigation by the FBI and U.S. Attorney into our cases and pray for legal assistance from legal scholars, as well as financial assistance from the public. Finally, I ask the press to investigate this story and bring the details to the light of day.

Shelton has filed a notice of appeal with the Illinois Appellate Court, but the court has issued an order denying her motion for indigency status and waiver of fees. Despite the fact that the U.S. government has declared her indigent and granted her SSI as a disabled person for several years, despite the fact that the U.S. Supreme Court ruled that an indigent person must have the fees waived for criminal appeals, Burns v. State of Ohio, 360 U.S. 252 (1959); Griffin v. Illinois, 351 U.S. 12 (1956); and Smith v. Bennett, 365 U.S. 708 (1961); as well as despite the fact that Illinois Supreme Court rule 298 mandates that fees be waived for indigent litigants receiving government benefits, the Illinois Appellate Court Clerk has been ordered not to accept any court filings from Shelton until she pays all fees. Therefore, Shelton’s constitutionally guaranteed right to appeal, or Fifth and Fourteenth Amendment due process rights has been denied. Appeal is on hold until she can pay, which at the moment she cannot. No reason was given by the Illinois Appellate Court to refuse to grant her indigency status.

The same is true for the Illinois Supreme Court which has also ordered that the Clerk not accept any filings from Shelton, thus denying her a right to appeal these wrongful and unconstitutional convictions. Again, no reason has been given for them to violate their own rule 298, the Constitution, or state statutes regarding waiving indigent’s court fees.

Shelton is now filing a petition for certiorari with the U.S. Supreme Court asking them to issue a supervisory order to the Illinois courts to enforce their previous holdings which mandate that fees are waived for criminal appeals, as well as asking the U.S. Supreme Court to view the above as exhaustion of state remedies and hear the case as a direct appeal.

Shelton from jail was allowed to mail one document to the federal court and she filed a multipurpose letter in her two civil rights cases that are pending in the District Court, Northern District of Illinois, Eastern Division, 1:09-cv-02353 and 1:09-cv-06413, which are civil rights suits against Cook County Sheriff staff for excessive force, malicious prosecution, willful indifference to medical needs, etc. They have passed the state of motions to dismiss and have a good chance of succeeding. This letter stated that Shelton was denied access to the courts while in jail from May 2010 to November 2010 in that the law librarian refused to do any legal research and because Shelton was denied paper for 4 months, as well as denied access to the law library as the Sheriff has a policy that all prisoners held in the infirmary may not go to the law library, Shelton was unable to write proper motions. This letter asked Judge Hart and Judge Dow to consider the letter a petition for federal writ of habeas corpus. Judge Hart denied it stating that Shelton had not exhausted state remedies, which is a false statement. Shelton has now written a motion to reconsider this (to be filed), but it is also requested in a motion for enlargement of the discovery period, which Shelton has written is a factual document that for purposes of judicial economy will not be repeated but will be incorporated in all her other motions including the one to vacate dismissal of request for letter to serve as petition for writ of habeas corpus and motion for leave to amend and resubmit petition for writ of habeas corpus.

The above is sufficient cause to impeach these judges, at least, without question, Judge McHale.

The purpose of these illegal acts is to defame Dr. Linda Shelton, Dr. Maisha Hamilton, Naomi Jennings and Vernon Glass so as to discredit them as witnesses to corruption as well as to cover-up the criminal acts by public officials like Illinois Attorney General Lisa Madigan who has committed fraud upon the courts and her staff along with the Illinois State Police’s Medicaid Fraud Control Unit (IL MFCU) and their administrators in the State Police have defrauded the United States Government and specifically the Inspector General of the U.S. Department of Health and Human Services by fraudulently obtaining millions of dollars in funds for illegal use by the IL MFCU. The fraud was that they had made false statements on their application for recertification and funding of the IL MFCU and used these funds to illegally prosecute cases of Medicaid fraud, when there was no Medicaid fraud. The State Police, specifically Investigator William Reibel, even fabricated false billing invoices in order to falsely imprison a whistle blower against government corruption, as well as knowingly prosecuted me without probable cause having in their possession evidence that someone forged my name in order to illegally bill Medicaid. They did this to defame me and discredit me as a witness against corrupt officials, police, and judges.

The applications for federal funding for the IL MFCU were signed by the Director of the Illinois State Police, Sam W. Nolen, through his employee, Don Thorpe, Director of the IL MFCU in 2001. They admit that the IL Attorney General by law has NO JURISDICTION or authority to prosecute Medicaid Fraud and that they must refer such cases to the U.S. Attorney. Yet they prosecuted at least three groups, all of which were innocent of fraud, convicting two, one with invoices fabricated by the Illinois State Police Investigator William Reibel. Legitimate cases of Medicaid Fraud are prosecuted by the U.S. Attorney. Assistant U.S. Attorney Stephan A. Kubiatowski is the head of the Chicago U.S. Attorney task force on Medicaid and Medicare fraud, yet his sister, Illinois Department of Professional Regulation Administrative Law Judge Lucia Kubiatowski was personally involved in making illegal rulings against me in order to suspend my medical license.

For further details see: http://www.dailykos.com/story/2011/01/17/936975/-Defendant-Melongo-still-denied-right-to-question-false-arrest-with-habeas-trial-result-in-hung-jury-
________________
Linda Lorincz Shelton, PhD, MD is a civil rights activist, retired physician and retired medical researcher. She specialized in helping multiple disabled children and her patients are in the Guinness Book of World Records, 1997 Ed., as the “lightest set of triplets,” as well as advocating for the poor, the mentally ill, the disabled, and other victims of injustice in our county. She is disabled herself. Shelton has been working to assist the wrongfully convicted over a number of years, even putting herself in harm’s way in order to help, and has been documenting judicial and police incompetence and corruption in Cook County. She is a victim of wrongful conviction and is fighting every day to counter the defamation against her.

She blogs about this corruption, giving details with names, dates and evidence at the following blogs:

http://cookcountyjudges.wordpress.com

http://cookcountysheriffdeputies.wordpress.com

http://chicagofbi.wordpress.com

http://prosechicago.wordpress.com

http://illinoispolice.wordpress.com

http://illinoiscorruption.blogspot.com

http://drlindashelton.wordpress.com

COMMENTS FOR FORUM SPONSORED BY COALITION FOR THE ENFORCEMENT OF JUSTICE

JUDICIAL MISCONDUCT including:

Violation of Illinois Statutes ] ALL Acts of

Violation of U.S. Supreme Court Rulings ] = Treason

Violation of Oath of Office ] Under Federal Law

Aiding Perjury by Police Officer

____________________________
The case law supporting the above includes:

Shelton alleges Judge McHale’s May 11, 2010 consecutive summary sentences on three separate criminal contempt convictions of 4, 6, and 6 months (total of 16 months) in CCDOC with no good time jail credits, modified on October 1, 2010, to 4 and 6 mo concurrent on cases 1 and 2 and 6 months consecutive on case 3, with good time jail credits granted, were null and void, illegal, unconstitutional as they were in:

A) violation of IL Substitution of Judge (“SOJ”) as Right Statutes, 735 ILCS 5/2-1001 which make all orders given after denial of this SOJ as a right void (Shelton asked for SOJ at the beginning of the hearing and McHale refused – so this means that McHale’s orders after this refusal are void per statute);

B) in violation of Habeas Statutes, 735 ILCS 5/10-103 which allow a person to file an habeas petition on “behalf of another”;

C) in violation of Good Time Jail Allowance statute, 730 ILCS 130, which gives jurisdiction for such credits to the county sheriff and not the judge, People v. Russel, 237 Ill.Epp.3d 310 (1992); People v. Prater, 158 Ill.App.3d 330 (1987); Kaeding v. Collins, 281 Ill.App.3d 919 (1996),

D) in violation of IL sentencing statutes requiring concurrent sentences for the same conduct or acts occurring during the same state of mind, 720 ILCS 5/3-3, ; and

E) in violation of the U.S. Supreme Court as well as Illinois Appellate and Supreme Court holdings which:

1) require jury trial if sentences exceed 6 months aggregate for contempt, Bloom v. Illinois, 391 U.S. 194 (1968); Duncan v. Louisiana, 391 U.S. 145 (1968);

2) forbid sentencing for more than one count of contempt representing same motive or state of mind during one trial or case, People v Brown, 235 Ill.App.3d 945 (1992);

3) require jury trial if contempt sentence is summarily imposed on a day other than the day in which the contemptuous act occurred, In re Marriage Betts, 200 Ill.App.3d 26 (1990); Winning Moves,Inc., v. Hi! Baby, Inc. 238 Ill.App.3d 834 (1992); Kaeding v. Collins, 281 Ill.App.3d 919 (1996), and

4) specifically state it is legal for a non-attorney to file a next-friend petition for writ of habeas corpus, U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 76 S.Ct 1 (1955) and Boumediene v. Bush, 553 U.S. 723 (2008);

5) state that defending a contempt charge by vigorously quoting law is not contemptuously insulting the court, Sacher v United States, 343 U.S.1 (1952); People v. Siegel, 68 Ill.Dec. 118; People v. Powell, 187 Ill.Dec. 774; United States v. Oberhellmann, 946 F.2d 50,

6) state that when a judge is embroiled in controversy with litigant he must recuse himself for a contempt trial and be replaced by another judge, Mayberry v. Pennsylvania, 400 U.S. 455 (1971); Kaeding v. Collins, 281 Ill.App.3d 919 (1996);

7) state that a judge may not order denial of statutory good time jail credits, People v. Russel, 237 Ill.App.3d 310 (1992); People v. Prater, 158 Ill.App.3d 330 (1987); Kaeding v. Collins, 281 Ill.App.3d 919 (1996),

8) state that a judge’s orders are void when the orders are made without jurisdiction, United States v. United Mine Workers of America, 330 U.S. 258 (1947).

These sentences by Judge McHale were acts of felony treason, a violation of 18 U.S.C. §2381, punishable by a sentence of 20 yrs to life, per previous holdings and/or dicta of the United States Supreme Court and were in retaliation for Shelton’s whistle blowing against corrupt judges, police, and State officials, including:

1) that the judges in U.S. v. Will, 449 U.S. 200 (1980) affirmed the statement of Chief Justice Marshall in Cohens v. Virginia, 6 Wheat. 264, 5 L.Ed 257 (1821) that it is “treason on the constitution” when a judge “usurps [the jurisdiction] that which is not given” – referring to acting outside the law or violating the law including statutes and higher court holdings; and

2) that it is a “war on the constitution” when a judge violates his oath of office to support it [including supporting statutes of a state = due process], Cooper v. Aaron,358 U.S. 1, 78 S.Ct. 1401(1958).

___________________________

Note: The IL MFCU application for recertification from 2001 that I received in response to a Freedom of Information Act (FOIA) request, admits that the IL MFCU is federally funded and that the IL AG has NO JURISDICTION to prosecute Medicaid Fraud and that they refer all such cases to the U.S. Attorney or County State’s Attorney can be seen here. You can read the application, the indictment against me and see the forged signatures on documents allowing billing Medicaid under my name (not my signature and therefore proof of ID theft and proof they knew there was no probable cause to charge me – I got these documents from AG Madigan in discovery before trial) can be seen here.

Links to articles about Melongo’s cases and the links to evidence proving there is no probable cause against her can be found here.

Written by Linda Shelton

May 2, 2011 at 1:53 pm

Posted in Cook County Courts, Fraud upon the court, Habeas Corpus, Illinois Appellate Court, Illinois Supreme Court, Impeachment, Judge Dennis J. Porter, Judge Joseph Kazmierski, Judge Kenneth J. Wadas, Judge Lon Schultz, Judge Mary Margaret Brosnahan, Judge Michael B. McHale, Judge Paul P. Biebel Jr., Judicial Misconduct, Prosecutorial Misconduct, Uncategorized

Judge Kenneth J. Wadas illegally dismisses habeas petition – an act of treason

with one comment

Judge Kenneth J. Wadas, as acting presiding criminal court judge, on May 8, 2010 illegally dismissed a petititon for writ of habeas corpus without reading it or hearing any argument, stating that only the Defendant’s attorney could file it. Next friend Linda Shelton filed it on behalf of Annabel Melongo who is being held at CCDOC without probable charge on a bogus charge. Evidence is attached to the petition proving lack of probable cause. It is the responsibility of the judge (Brosnahan) to dismiss the case after indictment if the judge is presented with evidence that there was never any probable cause. Judge Brosnahan is refusing even to hear the motion to dismiss for lack of probable cause.

Judge Wadas has violated Article X of the Code of Civil Procedure in Illinois which specifically states that another person on behalf of the petitioner may file a habeas petition.

The U.S. Supreme Court has stated that when a judge purposely violates a statute or the constitution, then he is “waring” on the constitution and commits an act of treason.

For details and case law see full article.

Written by Linda Shelton

May 9, 2010 at 12:36 am

Posted in Cook County Courts, Impeachment, Uncategorized

Tagged with 4th Amendment, Actual Innocence, Annabel Melongo, habeas corpus, Judge Wadas, Judicial Misconduct, probable cause, violation of constitution

Judge Mary Margaret Brosnahan commits treason again – vindictive excessive bail

with one comment

On May 5, 2010 Annabel Melongo who has been held in Cook County Jail on first no bail for alleged violation of bail on a computer tampering charge that is bogus and without probable cause and also on a $30,000 bail on an eavesdropping charge which is bogus and without probable cause, went before Judge Brosnahan with her attorney J. Nicolas Albukerk to ask for reduction of bail. Bail was originally set several years ago on the computer tampering charge at a $10,000 personal recognizance bail (I-Bond).

Melongo has been religiously attending all court hearings on this computer tampering case for years. She was originally indicted three years ago, the indictment withdrawn and then she was re-indicted on the same charge. She clearly is NOT a flight risk. She also at this point is indigent because she cannot obtain work as a computer consultant or IT expert while under indictment for computer tampering. No one will trust her.

Therefore an innocent person, Melongo, is undergoing a civil death because Illinois Attorney General Lisa Madigan and States Attorney Anita Alvarez want to corruptly protect the reputation of politicians who gave Save-A-Life Foundation CEO Spizzirra (a “pathological liar” according to a Wisconsin court, manipulator, and a fraud artist) more than $8 million dollars without checking out her background or the legitimacy of her fraudulent corporation, and then never investigating what she did with the money. Rumor has it that kickbacks (pay-to-play amounts ended up back in the political funds of the politicians). Melongo who had been hired by SALF discovered this massive fraud and the involvement of politicians (Madigan, Durbin, Shankowsky, Duncan, etc) prior to leaving SALF. She has taken this information to the FBI and the U.S. Attorney and FBI have failed to arrest anyone as of this date!

Melongo’s supporters are asking if the Chicago FBI and U.S. Attorney are involved in this cover-up of massive fraud? Why else would they fail to arrest those involved?

Judge Brosnahan had originally set bail at “no bail” in violation of the Illinois Constitution Article I, Section 9 but reduced it to a grossly excessive $500,000 bail on the computer tampering charge in April. Her reason for setting the “no bail” amount is not known to me as I did not attend that hearing. However the “no bail” order is clearly unconstitutional and illegal.

Judges can only set “no bail” if the charge could result in a life sentence or death sentence, or if a due process hearing determines the person poses a real and present threat to the physical safety of any person. See: Illinois Constitution Article I, section 9. Obviously Melongo with no previous criminal record does NOT fall into this category.

Judge Brosnahan intentionally and willingly violated the Illinois Constitution. This is an impeachable act of treason. She clearly is not fit to be a judge.

Then Judge Brosnahan gave as a reason to decrease bail to $500,000 that Melongo had “two passports”, Haitian and Cameroonean. This is an unconstitutional and not legally authorized reason to set high bail. Bail is meant to ensure that a person comes to court, not that a person cannot get out of jail. It must be reasonable according to the United States Supreme Court in their interpretation of the bail clause in the United States Constitution Eighth Amendment which bars excessive bail. See: Stack v. Boyle, 342 U.S. 1 (1951) The States Attorney claimed that two passports means that there is a probability that Melongo is an illegal alien. She is a legal resident of Illinois with a visa. Judge Brosnahan bought this fraudulent speculation in an act of judicial misconduct.

Again, Judge Brosnahan has intentionally and knowingly violated the Illinois and U.S. Constitutions. This is another impeachable act of treason. She clearly is not fit to be a judge.

On May 5, 2010 when attorney J. Nicolas Albukerk argued for reduction to an I-Bond again or a reasonably low bail, Judge Brosnahan reduced the bail on the computer tampering charge to $300,000, again grossly excessive and again it will ensure that Melongo remains in jail for the next half year until she is brought to trial.

Again, Judge Brosnahan has intentionally and willingly violated the Constitution, which is an impeachable act of treason. She clearly is not fit to be a judge.

In April and again now on May 5, 2010 Attorney Albukerk moved for the court to declare Melongo indigent and pay his attorney fees. Brosnahan entered and continued the motion in April and has continued the motion again yesterday. She says her reason in doing so is that although Melongo is legally indigent because this reporter has written on the Internet about this story and stated that her supporters are trying to raise funds with a plea for donations, that this plea for donations is evidence that she can pay for an attorney. This is perhaps Brosnahan’s most egregious impeachable act of treason to day.

Judge Brosnahan has trashed the Constitution and is displaying to the world the incompetence of Cook County Judges, and now can be said to be aiding and abetting the gross and unconstitutional harassment of a federal witness, Melongo, which is a federal felony, as well as is committing intentionally and willingly felony violation of Melongo’s constitutional rights in retaliating against her for this writer’s publications on Examiner.com.

This is an astonishing penalty on the exercise of my constitutional rights. Every journalist in this country should be outraged and should rally to help Ms. Melongo. Brosnahan has crossed over the line in trashing the Constitution so blatantly. For a judge to ignore the basic constitutional law as to freedom of the press, due process, excessive bail, probable cause, right to counsel despite indigency is beyond the pale and calls for swift and aggressive action to remove her from the court as incompetent and dangerous to the administration of justice.

The 1st Amendment has been violated in giving an illegal penalty on the exercise of my right to freedom of the press. The 5th and 14th Amendments have been violated in arrested and holding Melongo for trial without probable cause.

Written by Linda Shelton

May 6, 2010 at 7:31 am

Posted in Cook County Courts, Impeachment, Judge Mary Margaret Brosnahan, Prosecutorial Misconduct, Uncategorized

Tagged with 14th Amendment, 1st Amendment, 5th Amendment, excessive bail, Impeachment, Judge Mary Margaret Brosnahan, Judicial Misconduct, Malicious Prosecution, probable cause, treason, wrongful arrest

Illinois Appellate Court Snubs Nose at U.S. Supreme Court and State Law

Circuit Court of Cook County a Criminal Enterprise

with 3 comments

Judge Maddux of the Circuit Court of Cook County Law Division runs his division as a criminal enterprise, denying First Amendment Right to Redress of Grievances, to indigent plaintiffs, if he doesn’t like you, thinks you sue too much, or if you have filed suit against corrupt officials in Cook County or the State of Illinois. He uses the Sheriff’s office as a goon squad to harass and falsely arrest those that complain about his scheme and unconstitutional conduct. He should be impeached.

Chief Judge Evans of the Circuit Court of Cook County condones his conduct as does the office of the Clerk of the Circuit Court of Cook County, Dorothy Brown. Dorothy Brown has announced she is running for the office of President of the Board of Cook County Commissioners. I cannot support her under the circumstances of her misconduct.

I call upon President Stroger to remove Judge Timothy Evans as Chief Judge and replace him with an honest person. He has been Chief Judge too long and is too corrupt to continue in this position. Rumor has it he also participates in pay-to-play demanding 10% contributions to the political fund “Friends of Madigan” for every contract he grants concerning the Circuit Court of Cook County. I also call on the FBI to investigate both Judge Evans and Judge Maddux for RICO violations and corruption.

I also urge voters in Cook County to never againt vote for the ineffective and corrupt Sheriff Dart or for Dorothy Brown. We need leaders with vision, honesty, integrity, who act as professionals, admit mistakes, recognize and correct problems agressively, and are willing to meet with members of the public to solve problems. Status quo is no longer good enough. Change is required from the top down, starting with Todd Stroger, Cook County Board President.

See: http://www.scribd.com/doc/16862379/IL-S-Ct-Motion-for-Supervisory-Order-Stop-Violation-Law-by-Judge-Maddux-and-Court-Clerk-Dorothy-Brown-Shelton-2009

http://www.scribd.com/doc/16904369/IL-Supreme-Crt-Motion-for-Supervisory-Order-Stop-Crt-Corruption-Shelton-2009

Written by Linda Shelton

June 29, 2009 at 2:11 am

Posted in Impeachment, Judge Timothy C. Evans, Judge William D. Maddux, Judicial Misconduct, Self-Representation (Pro Se)

Tagged with Access to the Courts, Circuit Court of Cook County, Cook County, Corrupt Officials, Dorothy Brown, First Amendment, Government Corruption, In Forma Pauperis, Judicial Corruption, RICO, Timonthy Evans, Todd Stroger, William D. Maddux

Shelton Requests Chief Judge Evans Resignation

with 5 comments

STOP ILLINOIS CORRUPTION

Linda Lorincz Shelton, Ph.D., M.D.,

Founder and Chief Executive Officer

708 952-0040

April 19, 2009

Chief Judge Timothy Evans

Circuit Court of Cook County

50 W. Washington, Rm 2600

Chicago, IL 60602

Dear Judge Evans:

Thank you for your response letter of April 20, 2009. I understand your concerns not to involve yourself in judicial decisions concerning other judges. However, decisions on indigency petitions are not judicial decisions. They are administrative decisions. As chief administrator of the courts you are responsible for the employees under you including the judges, the clerk, and the court reporters. As you have now willfully refused to do your job and actually are condoning many criminal acts committed by judges under you, the Sheriff’s staff, the Court Clerk, and the Court Reporters, I MUST NOW ASK ON BEHALF OF THE CITIZENS OF COOK COUNTY FOR YOUR RESIGNATION. It is not acceptable for the Chief Judge of the Circuit Court of Cook County to engage in willful denial of due process on such a large scale, and at the same time to abdicate his responsibility as an administrator. The net result of your crimes is that you are participating in running the Circuit Court of Cook County as a criminal enterprise.

It is clear from your previous responses to my concerns that you have no intention of doing your job as an administrator. Your court reporters have defied and still are defying court orders to prepare and file transcripts in 05 CR 29530 [correction - 05 CR 12718]. The Illinois Appellate Court has also violated their oaths of office and the law by failing to enforce Judge Kazmierski’s order to prepare free transcripts and file them. Therefore, Federal Judge Coar has ruled in 09 C 105, a habeas corpus petition on this case, that the Appellate Court through their actions has waived the right of the State of Illinois to insist I exhaust State remedies with direct appeals and a petition for habeas before the Illinois Supreme Court. He is hearing my habeas petition on this [wrongful] conviction where a Cook County Correctional Officer, Sgt. Anthony Salemi, attacked me, falsified his records, perjured himself in court, and the Judge, Kazmierski, committed gross judicial misconduct and the prosecutors, Andrew Dalkin and John Maher committed gross prosecutorial misconduct resulting in an unfair trial denying me due process. Then Judge Kazmierski illegally sentenced me to two years in IDOC, refused to stay sentence pending appeal, in violation of U.S. Supreme Court Holding in Cunningham v. California, 127 S. Ct. 856 (2007). I fully expect to be vindicated and for the Sgt. to be arrested and convicted of official misconduct and other crimes and for the prosecutors to be charged with prosecutorial misconduct and punished appropriately. Judge Kazmierski should be disciplined and I intend to find a way to hold him accountable in a court of law or before the JIB and press.

Judge Maddux is running a criminal enterprise called the Law Division, which denies pro se litigants in particularly the constitutional rights to redress of grievances and due process. He does this by running an illegal and unconstitutional operation called the “Black Line Trial System” of which you are fully aware and condone. He also illegally denies indigent petition and then violates law by ordering his clerks not to promptly give the litigant a copy of their petition and his order concerning the petition. I have now publicized this misconduct and criminal RICO violation on the Internet. As you know Sheila Mannix has also documented and publicized the RICO operation run by the Family Court Division and its judges, which you apparently also condone. See:

Judge William D Maddux, in collusion with Sheriff Dart and Clerk Dorothy Brown, as well as with approval of Chief Judge Timothy Evans runs the Law Division of the Circuit Court of Cook Count as a Criminal Enterprise in violation of RICO. The following has been provided to the FBI and posted on my blogs:

http://cookcountyjudges.wordpress.com/2009/05/19/judge-maddux-dismisses-torts-with-dual-court-assignments-for-same-case-hidden-black-line-trial-call-rico-violation/

http://illinoiscorruption.blogspot.com/2009/05/judge-maddux-runs-law-division-cook.html

Circuit Court of Cook County Family Division is Criminal Enterprise and committing RICO violations. See federal RICO suit brought by Dr. Sheila Mannix:

1:09-cv-00103

Dorothy Brown’s Clerk’s Office has violated Supreme Court Rules and failed to transmit a notice of appeal in a criminal case, as well as has refused to pepare a record of appeal in that case, along with permitting and condoning her staff in stealing court files from pro se litigants, extorting money from indigent litigants, and causing false arrest of indigent llitigants, as noted in above Internet blogs. As you are fully aware of these crimes and have failed to act to stop further crimes and remedy the above, you are aiding and abetting in such criminal acts, as well as attempting to cover them up.

You are also fully informed that Judge Schultz, Gainer, Alonso, Pantle, Beibel have blatantly violated law, including Illinois Supreme Court Rules and United States Supreme Court Holdings. I also have evidence of misconduct of at least a half dozen other judges including Judges Kuriakos Ciecil, Brosnahan, Petrone, and Donnelly.

http://illinoiscorruption.blogspot.com/2009/04/presiding-criminal-court-judge-paul-p.html

http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html

http://illinoiscorruption.blogspot.com/2009/01/criminal-acts-il-attorney-general-lisa.html

http://illinoiscorruption.blogspot.com/2008/12/save-life-dr-maisha-hamilton-bennett.html

http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook_04.html

http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook.html

As Chief Judge of the Circuit Court you are responsible for referring judicial

misconduct to the JIB and you have failed to do so. You are also responsible for judicial assignments, yet you leave judges who blatantly violate the law in positions of authority and supervision over other judges. Your failure to do you job is not only irresponsible, but I believe purposeful.

I have also fully informed the FBI about the above schemes and crimes, as well as your refusal to do your job. I believe these acts amount to felony theft of honest services, felony conspiracy to violate rights under color of law, felony violation of rights under color of law, obstruction of justice, extortion, fraud, official misconduct, and wire fraud, as well as other crimes including felony RICO violations.

I respectfully therefore, as a citizen on behalf of the people of Cook County ask for your resignation as Chief Judge of the Circuit Court of Cook County.

Sincerely,

Linda Lorincz Shelton, Ph.D., M.D.

CC:

FBI

State Police

Cook County State’s Attorney

Cook County Board

Select Advocacy Groups and the Press

Impeach Judge Joseph Kazmierski – Prosecute States Attorneys Andrew Dalkin and John Maher

with 2 comments

Judge Kazmierski presided over a trial where I as a disabled non-violent pacifist who was wrongfully jailed for criminal contempt by a rogue judge, Kathleen Pantle, four weeks after I won an injunction against Cook County Sheriff Sheahan for violation of FOIA where he was concealing the fact that he was in violation of the Americans with Disabilities Act, was fraudulently charged with aggravated battery of a correctional officer, Sgt. Anthony Salemi.

Dishonorable Judge Kazmierski violated every aspect of due process, in that he:

Permitted the case to proceed despite a legally insufficient indictment,
Permitted clearly perjured testimony testimony by the state witnesses and then at sentencing when witnesses clearly impeached the statements of ALL state witnesses at trial he failed to declare me innocent not-with-standing the verdict,
Permitted introduction of tampered evidence,
Permitted the Nifong-like prosecutor to make statements banned by a motion in limine, testify as an expert during closing, denigrate the defense expert witness in contradiction to the facts and testimony,
Failed to enforce subpoenas for key defense evidence,
Permitted the trial to proceed after State destruction of weapon of crime – broken wheelchair allegedly used as a weapon (unable to show jury that the “weapon” didn’t work),
Failed to allow jury instructions about spoilation of evidence,
Failure to pay for expert witnesses for indigent defendant,
Failure to hold evidentiary hearing on issue of perjury of sole grand jury witness,
Denial of defendant’s right to present specific defenses,
Permitted the prosecutor to mistate the law to the jury,
Pemitting the prosecutor to blatantly and repeatedly mischaracterize the evidence to the jury at closing,
Denial of offers of proof,
Illegal repeatedly sustaining baseless prosecutorial objections thereby preventing defense counsel from questioning key witness who was necessary to introduce documents to impeach state witnesses, thus not permitting defense to impeach witnesses with evidence of falsification of records,
Failure to permit defendant to hear side-bars,
Denial of defendants right to self-representation, and
Revoked my bail based on a false arrest and perjured testimony of Sheriff deputies who stated I failed to go through security at a courthouse on October 10, 2007, when in fact the surveillance video revealed I successfully passed through security, but Judge Kazmierski REFUSED to look at the surveillance video. The prosecutors suborned this perjury because they had possession of this video tape and knew that the deputies were lying.

The proof of all of the above is contained in my Petition for Writ of Habeas Corpus now before the Federal District Court, Judge Coar – see link below for details. The state has waived the requirement to exhaust state remedies because even though the trial judge declared me indigent and ordered the court reporter to prepare two sets of transcripts (records of proceedings) and deliver one to the court clerk for preparation regarding the appeal, the Illinois Appellate Court has denied motions to compel court reporters to prepare and deliver transcripts to the Circuit Court of Cook County Clerk. The corut reporters are still refusing to prepare and file the transcripts with the clerk. Therefore, the Illinois Appellate Court after more than a year is actively and intentionally impeeding my direct appeal in violation of my federal constitutional rights.

The Nifong-like prosecutors are Assistant Cook County State’s Attorneys Andrew Dalkin and John Maher. They suborned perjury and withheld evidence, as well as tampered with evidence as described in the petition below. Both should be disbarred and arrested for felony obstuction of justice and conspiracy to violate civil rights under color of law.

In fact, I had been assaulted and battered by Cook County Department of Corrections Sergeant Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against me falsely alleging I attacked him, in retaliation for my complaining about the Cook County Department of Corrections violating my civil rights. He stated when he entered my cell after sending away the female unit officer, I attacked him while in a wheelchair and forcing my way through the door by ramming him with my wheelchair “skinning his shins” and then after this knocked him down and he stood up, “kicking him in the chest with my RIGHT leg.” This is despite the fact that I have partial right hemiparesis with impairment of my right leg so that I can not kick it with force above the waist, the wheelchair was broken and difficult to move, I have congenital injury to the spine causing life-long weak arms and shoulders making it difficult to move the wheelchair forcefully, and I was on the sixth day of a dry hunger strike, intensely dehydrated and unable to stand for more than a few moments due to weakness from the dehydration. My physicians gave unrebutted testimony affirming these facts, which was unrebutted by the State. I was wrongfully convicted because of a biased jury. The jury became biased because of extreme Nifong-like prosecutorial misconduct by Assistant States Attorneys Andrew Dalkin and John Maher, and by outrageous denial of due process and abuse of judicial discretion by Judge Joseph Kazmierski, all of which grossly denied me a fair trial. I was illegally sentenced to prison instead of probation, in violation of Cunningham v. California, 127 S. Ct. 856 (2007), and the Statutes of the State of Illinois. Therefore, I was required to serve at least half the time minus 6 months per Illinois law. I was denied a stay of sentence pending appeal. I was illegally abused and punished for refusing to walk (IDOC staff falsely claiming I was faking my multiple medical conditions and physical handicap) during the reception process, including a life-threatening assault on me with an ammonia inhalant (purportedly given to prove I was faking a collapse and asthma attack), but which exacerbated the attack, caused brief unconsciousness and is contraindicated in asthma, as well as denial of medical care. The IDOC staff are attempting to conceal the documents about my reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to me.

http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009

Written by Linda Shelton

January 14, 2009 at 7:29 pm

Posted in Impeachment, Judge Joseph Kazmierski, Judicial Misconduct, Prosecutorial Misconduct, Self-Representation (Pro Se)

Tagged with Adrew Dalkin, Destruction of Evidence, Federal Habeas Corpus, Illinois Appellate Court, John Maher, Judge Joseph Kazmierski, Judicial Misconduct, Perjury, Prosecutorial Misconduct, Tampering with Evidence, Wrongful Conviction

Cook County Judges

Archive for the ‘Impeachment’ Category

Stand Up, Speak Out, Fight Back – Against Corrupt Family Court

IL courts, Lisa Madigan & State Police officials caught in scheme defrauding federal government of millions

Judge Kenneth J. Wadas illegally dismisses habeas petition – an act of treason

Judge Mary Margaret Brosnahan commits treason again – vindictive excessive bail

Illinois Appellate Court Snubs Nose at U.S. Supreme Court and State Law

Circuit Court of Cook County a Criminal Enterprise

Shelton Requests Chief Judge Evans Resignation

Impeach Judge Joseph Kazmierski – Prosecute States Attorneys Andrew Dalkin and John Maher

Some Judges Should be IMPEACHED!

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