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-  
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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.

Do the following in order to help preserve the Constitution and help stop government corruption in Illinois.

The following is such a serious violation of our Constitution and our Laws that I respectfully ask you all to read this and ACT by reading this IN DETAIL and consider disseminating it through Twitter, Facebook, e-mails, and letters to all citizens concerned about preserving the Constitution, all investigative reporters you know, as well as consider writing letters to federal officials whose addresses are given in the following. Also consider signing the petitions written where links are provided below.

Dear Friends of the Constitution and Justice and Enemies of Government Corruption:

After reading this post please write and ask the following people to investigate this corruption:

Patrick Fitzgerald
US Attorney for the Northern District of Illinois
219 S Dearborn, 5th Floor
Chicago IL 60604

S/A Robert Grant
Director Chicago Office FBI
2111 W. Roosevelt Road
Chicago, IL 60608-1128

, and contacting the press or any law school innocence clinic possible.

Thank you for your time!

Annabelle Melongo is an honest person and Information Technology (computer) expert, who discovered that the foundation that she was working for committed fraud on the federal and several state government and obtained millions of dollars fraudulently. Numerous prominent politicians due to lack of due diligence were involved in assisting this foundation in fraudulently obtaining money.

Melongo has been in jail for a year awaiting trial without probable cause and with an outrageously excessive bail charged with remote computer tampering of this fraudulent corporation (yet the States Attorney has evidence she did not remotely access their computer!) and illegally recording a conversation she had on the phone with a Cook County court reporter without the court reporter’s permission – “eavesdropping” (bail $300,000 reduced from $500,000 and $30,000) – yet she is indigent, has no prior record, and the States Atty and IL AG General are FULLY AWARE that all charges against her are fraudulent!

Her petition for writ of habeas corpus has been ignored and the judges are ACTIVELY refusing even to hear it! – in clear violation of the Constitution’s suspension clause and the laws of the State of Illinois. Illinois law dictates that if a judge refuses to hear an habeas petition he can be fined $1000 and the fine paid to the unlawfully held defendent (735 ILCS 5/10-106). The suspension clause in the U.S. Constitution allows a person or his/her friend to petition the court to free a defendant from an unlawful incarceration. The Illinois Habeas statute does the same thing. (735 ILCS 5/10)

The most important Human Right in the Constitution is the right to petition for a writ of habeas corpus, written in U.S. Constitution, Article I, Section 9 (the suspension clause – which says this right can not be suspended except in the time of war) [ Zehariah Chagee, Jr., The Most Important Human Right in the Constitution, 32 B.U. L. Rev. 143, 143, (1952)]  The ONLY time the United States Supreme Court has found a violation of the suspension clause was in their decision in 2008 regarding Boumedine v Bush.

For the full details of the treasonous acts of these judges and all the case law, statutes, codes, and U.S. Supreme Court decisions proving that the judges committed treason see these links:

Examiner.com article about: judges-commit-treason-cover-up-fraud-by-salf-suspend-constitutional-rights-including-habeas-corpus

Dailykos.com diary story: Defendant-Melongo-still-denied-right-to-question-false-arrest-with-habeas-trial-result-in-hung-jury-

Examiner.com article about Melongo’s excessive bail: alvarez-madigan-target-it-specialist-to-cover-up-massive-fraud-500-000-bail-for-eavesdropping

Cincinnatibeacon.com article about how Melongo indicted through perjury of an officer: Attorney for SALF_whistleblower says IL Cop’s fraud and perjury lead to indictment

SIGN THE PETITION HERE to ask the U.S. Attorney to investigate the Melongo case.

The Cook Co State’s Attorney’s office is fully informed that a cop’s fraud and perjury obtained a void indictment yet they are still pursuing the case. They are fully informed that the alleged victim of this fraudulent charge of computer tampering has defrauded the U.S. government out of millions of dollars. So why are Anita Alvarez and Lisa Madigan still continuing this case? PLEASE ASK THEM at:

Anita Alvarez
Cook Co States Attorney
50 W Washington, Rm 500
Chicago IL 60602

AG Lisa Madigan
Illinois Attorney General
100 W Randolph, 12th Floor
Chicago, IL 60601

A concerned friend (me, Linda Shelton) filed a next-friend petition for habeas corpus before the Circuit Court of Cook County per 735 ILCS Article X, the state habeas statute that lets a non-attorney file this petition. I had done this before for another person who was illegally jailed without probable cause and the judge appointed an attorney who gained her release in 2009.

Judge McHale, who was sitting in for the presiding Cook Co IL criminal court Judge Biebel, then illegally and unconstitutionally jailed the petitioner (me) for contempt claiming it was illegal for a non-attorney to file an habeas petition on behalf of another – even though IL statutes specifically allow this.

This is what happened in detail:

Shelton alleges Judge McHale (substituting for Judge Bieble – presiding judge of the Cook Co Criminal Court) illegally and in an act of treason in retaliation for Shelton’s whistle blowing about judicial corruption in the Circuit Court of Cook County summarily convicted her of 3 “cases” which should have been 3 “counts” of criminal contempt for the legal act of filing a next-friend habeas petition as a non-attorney on behalf of Annabelle Melongo, a dual Haitian/Cameroonean citizen with language difficulties and who was confusing English and Roman law, and then telling the judge that his act of ruling that a non-attorney filing was “illegal” was a violation of his oath of office to follow the law as well as a criminal act.

Shelton alleges Judge McHale’s consecutive summary sentences of 4, 6, and 6 months (total of 16 mo) in CCDOC with no good time jail credits, 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 (a nullity or invalid);

B) in violation of Habeas Statutes, 735 ILCS Art 10 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 give jurisdiction for such credits to the county sheriff and not the judge;

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 holdings which:

1) require jury trial if sentences exceed 6 mos aggregate for contempt,

2) forbid sentencing for more than one count of contempt during one trial or case,

3) require jury trial if contempt sentence is summarily imposed on a day other than the day in which the contemptuous act occurred, 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, 128 S.Ct 2229 (2008).

These sentences by Judge McHale were acts of felony treason punishable by a sentence of 20 yrs to life per previous holdings and/or dicta of the United States Supreme Court 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”; 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).

Judge McHale’s knowing violation of the statutes concerning SOJ as a right, good conduct jail credits; violation of case law concerning right to trial if sentence is > 6 mo, right to trial if sentence for contempt is given out on day other than day of contempt incidence, ban on more than one count of contempt during one case or trial; and violation of U.S. Supreme Court holdings/dicta in U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 76 S.Ct 1 (1955) and Boumediene v. Bush, 553 U.S. 723, 128 S.Ct 2229 (2008) that a non-attorney may file a next-friend habeas petition prove Judge McHale illegally found Linda Shelton in contempt three times, illegally sentenced her, and knowingly did this in an act of treason violating Shelton’s constitutional rights to be free of arrest and imprisonment without due process and in violation of law.

In addition, Annabelle Melongo’s petition for writ of habeas corpus has been IGNORED by Judges McHale, Brosnahan, Wadas, Kazmierski, and Judge Biebel and she is still in jail a year later! All these judges have therefore committed treason.

This is a grotesque and extremely serious violation of the Constitution of the United States – suspension clause (Article I, section 9) which states that the Great Writ of Habeas Corpus may not be suspended except in time of war.

EVEN PRISONERS AT GUANTANEMO BAY ARE ALLOWED TO FILE HABEAS PETITIONS!

Thank you for your attention to this matter. Please sign the petition, write letters, and contact the press! Send Annabelle Melongo letters of encouragement at:

Annabelle Melongo
2010-0414060
PO Box 089002
Chicago, IL 60608

You can send her a money order for up to $50 if you want to contribute to her commissary fund to ease her suffering a bit.

Habeas corpus is the last defense a citizen has against unlawful arrest without probable cause and wrongful conviction. This “grand writ” (or the most important kind of court order) has long historical roots from pre-colonial days in England. It means that the tables are turned and the State must justify keeping a person in custody.

Originally a feature of English law, the writ of habeas corpus has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. When the police falsely arrest you, seize you without probable cause, jail you on charges that are not part of the penal code simply to harass and inconvenience or for political reasons, hold you in jail without charging you, refuse to release you once your sentence has been served, convict you when you are actually innocent, then this is when a person needs the “grand writ”.

The United States Constitution,  guarantees a right to habeas corpus – to be brought before the court promptly and the State forced to justify why they are holding you as legal. This was re-inforced recently in the U.S. Supreme Court decision on Guantanemo Bay detainees, Boumediene v. Bush, who had been denied the right to petition for habeas corpus. The U.S. S. Ct ruled that the grand writ cannot be suspended in their case.

The United States Constitution specifically included the English common law procedure in the Suspension Clause, located in Article One, Section 9. It states:

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.

The right to petition a court for a writ (order) of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. It has been used to force a prison to release a person when their sentence is over, to force a person’s release after arrest when the State has failed to charge them in a timely fashion, and to protect a person from arbitrary and unjustified arrest and incarceration.

Illinois law mandates that a judge hear a petition for habeas corpus promptly. It can be filed by an attorney, by the prisoner, or by a “person appearing on behalf of another” AKA “next friend” under federal habeas law.  There is no requirement that the prisoner be incapacitated for a next friend to file a petition for habeas corpus under Illinois law.  Habeas corpus is latin and literally means “We command that you have the body [bring the person to the court]“.

The law states:

 ”Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail nor otherwise relieved, the court shall forthwith award relief by habeas corpus.” 735 ILCS 5/10-106

This order awarding relief simply means that the Sheriff holding the person in custody must bring them to the court and the state must  provide documents, evidence, and witnesses that justify holding the person in custody. The court must “examine” the reasons for holding the  person in custody to determine if the custody is lawful.

“Upon the return of an order of habeas corpus [bringing the body also known as the defendant to the court], the court shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circumstances require.” 735 ILCS 5/10-119

If a judge refuses to hear a petition for habeas corpus or refuses to grant the relief (order the person to be brought before the court) there is a penalty that may be obtained from the judge.

“Any judge empowered to grant relief by habeas corpus who shall corruptly refuse to grant the relief when legally applied for in a case where it may lawfully be granted, or who shall for the purpose of oppression unreasonably delay the granting of such relief shall, for every such offense, forfeit to the prisoner or party affected a sum not exceeding $1,000.” 735 ILCS 5/10-106

The Illinois Attorney General or the State’s Attorney is required by law to prosecute the judge to collect this penalty.

“All the pecuniary forfeitures incurred under this Act shall inure to the use of the party for whose benefit the order of habeas corpus was entered, and shall be sued for and recovered with costs, by the Attorney General or State’s Attorney, in the name of the State, by complaint; and the amount, when recovered, shall, without any deduction, be paid to the party entitled thereto.” 735 ILCS 5/10-133

The Cook County Circuit Court local rule 15.2 states that “a person appearing on behalf of another” who files a petition for habeas corpus must appear “before the presiding judge.” That is how the habeas petition is initiated.

Cook County Circuit Court Rule 15.2

 (c) Petitioner without funds and without attorney.

(i) If the petition states the petitioner is without funds and the petitioner is not represented by an attorney, he shall submit a verified petition to the clerk. The clerk shall docket the petition and place it on the call of the presiding judge.

(ii) If the presiding judge finds that petitioner is without an attorney and without funds, the presiding judge shall appoint an attorney to represent the petitioner.

(d) Petition on behalf of another.A person signing a petition for writ of habeas corpus on behalf of another shall appear before the presiding judge in open court and may be examined as to his interest in or relation to the person on whose behalf the petition is presented.

On April 20, 2010 Dr. Linda Shelton filed two habeas petitions on behalf of Annabel Melongo, who is being held in county jail on excessive bail without probable cause. Judge Brosnahan has refused to hear motions to quash the charges based on lack of probable cause.

The first habeas petition concerns a charge of computer tampering, where Melongo is accused of accessing the computers of Save-A-Life-Foundation (now closed) and erasing all of their financial records. Computer IP numbers are like telephone numbers and identify the computers dialed from and called. Internet provider records are like telephone company records that prove what IP (v. telephone) numbers were dialed from and called. This is an accurate record.

The forensic computer examiner, Shahna G. Monge, who supposedly worked for the Illinois Attorney General’s office has disappeared. Her report claims that Melongo had an IP address (computer address unique to Internet Service provider) from Comcast. They said that address was used to remotely access the SALF computers. Yet Melongo did not use Comcast. She had an Internet provider contract with SBC.  The Illinois Attorney General’s office and the detectives on the case claim that Monge will not testify.  How do they have a case against Melongo when their “expert” who claims she had evidence against Melongo won’t testify? Where is the evidence?  Melongo has her SBC account bills to prove what she says and Comcast claims they have no records tied to Melongo.

A subpoena to Comcast, which the forensic computer examiner said was the Internet provider which had records of the SALF computer being tampered with produced a report from Comcast that Melongo did not have an IP computer number (address) with them and there was no record she remotely accessed the SALF IP number (address). Therefore, since the police report states that SALF IP number was accessed via Comcast from an IP number registered with Comcast, there is NO possibility that Melongo was the offender. 

Melongo had a contract for Internet services through SBC.  IP addresses unlike telephone numbers are UNIQUE to the Internet provider.  Therefore, there is no probable cause and charging Melongo and keeping her in custody on an outrageous bail is illegal and unconstitutional and violates her civil rights. The 4th Amendment to the United States Constitution guarantees that a person cannot be seized (arrested) without probable cause, nor can they be tried without probable cause.

Melongo has been going to court monthly while out on a $10,000 personal recognizance bail for three years fighting this accusation. The State has still failed to give her discovery (evidence) of the accusation that ties her with tampering with any computer. Statutory criminal procedure has not even been followed. She was at a job interview when she was supposedly arraigned. She confronted the court reporter with this fact and asked them why they falsified the court transcript saying she was there, when the attorney would testify she was not there. The attorney was so inadequate in representation that she fired him and represented herself for the last couple years.

Judge Brosnahan is so biased against Melongo (she is a dual citizen of Cameroon and Hait and has a heavy accent and writes legal papers very professionally and accurately), that she ordered a fitness exam to simply harass her (she has been declared fit after the exam) and has refused to date to have a hearing on Melongo’s motions to dismiss for lack of probable cause and fraud upon the court by the State (in claiming they have evidence when they don’t).

Melongo made a web site that details the charges, the players, and has scanned in all the evidence they gave her and the evidence she has that  proves her innocence. She designed this web site as a professional information technology consultant. She has nothing to hide. The State has lots to hide!

On the web site she has posted the recordings and transcripts of phone conversations she had with the court reporter. She wanted to document what she suspected was their criminal conduct in falsely writing in the transcripts that she was in court when “arraigned” when she actually wasn’t there.

Illlinois has a felony eavesdropping law that makes it a crime to record someone without their permission. There is an exception in that if one thinks they are recording evidence of a crime, they cannot be prosecuted. Melongo wrote on her web site that she thought the court reporters had falsified records and recorded the conversations under this exception to the law. She even states so on her web site.

Now the State has arrested and incarcerate Melongo for an additional charge of eavesdropping, although it is clear the exception applies in this case so there is no probable cause.

On April 20, 2010 after her bail was revoked due to violation of bail (being arrested again) Melongo was brought before Judge Brosnahan. Judge Brosnahan was told that Melongo has no criminal background except for the pending computer tampering charge. She was told Melongo is a dual citizen of Cameroon and Haiti and has a legal visa. She was told that Melongo had diligently appeared in court at all hearings that she was informed about for three years.

The prosecutor claimed she was a huge “flight risk” because she might be illegal and therefore they contacted immigration which put a “hold” on her so they could investigate. The prosecutor said she is “dangerous” because she tampered with a computer.  The defense attorney J. Nicolas Albukerk said this is all ridiculous as she has proven over three years NOT to be a flight risk and having dual citizenship does not make her a danger to anyone.  Albukerk noted that having dual citizenship is not a crime and does not make anyone an illegal immigrant. He noted that none of these alleged acts were crimes of violence and the eavesdropping charge had NOTHING to do with any threats or violence.

Judge Brosnahan in an outrageous act of judicial misconduct set bail at $500,000. This violates the constitution’s requirement that bail be reasonable.  Melongo is not rich. She has almost no resourcs left as no one will hire her over the last three years with a computer tampering charge pending. 

A call has gone out to Camerooneans in America for assistance to fight this injustice. Judge Brosnahan has no jurisdiction in these cases as there is no probable cause. Without probable  cause the charges are not valid and the indictments are void. To be held in jail on a $500,000 bail without probable cause is outrageous, illegal, unconstitutional and reveals that Judge Brosnahan is not fit to be a judge. She is continually violating the constitution and Melongo’s civil rights. She should be removed from the bench.

Judge Biebel was not available to hear the habeas petitions, so the criminal clerk called the Judge filling in for him – Judge Joseph Kazmierski.  In an act of judicial misconduct Judge Kazmierski refused to hear the habeas petition and said it was “not before him” because the case was assigned to Judge Brosnahan.

Shelton went to Judge Brosnahan’s courtroom, following the clerk who brought the files to the judge.  Judge Brosnahan, in an act of judicial misconduct REFUSED to hear the habeas petitions stating “you have no standing . . . only a lawyer or the defendant has standing . . . kick her out of the courtroom.”  Shelton protested, trying to get this rogue and ignorant judge to read the law and follow the law, without success and was kicked out of the courtroom.

Shelton went to Judge Kazmierski and asked him to order Judge Brosnahan to hear the petitions. He refused saying he had no standing to do so. He was derelict in his duties as a judge in refusing to hear the petitions for habeas corpus. The habeas corpus petitions were new civil cases according to the Illinois Code of Civil Procedures and according to Circuit Court Rules he should have heard them and issued a habeas order to bring the defendant to court to determine if she was being legally held.

Both Judge Kazmierski and Judge Brosnahan therefore committed an act of knowingly violating statutory law which the U.S. Supreme Court has declared to be an act of treason.

Judicial Trespassers of the law

The Illinois Supreme Court has held that “if the magistrate has not such jurisdiction, then he and those who advise and act with him, or execute his process, are trespassers.” Von Kettler et.al. v. Johnson, 57 Ill. 109 (1870)

Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)

The Illinois Supreme Court held that if a court “could not hear the matter upon the jurisdictional paper presented, its finding that it had the power can add nothing to its authority, – it had no authority to make that finding.” The People v. Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no legal authority (jurisdiction) to hear or rule on certain matters before them. They acted without any jurisdiction.

When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law,and are engaged in treason (see below).

The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962) held that “not every action by a judge is in exercise of his judicial function. … it is not a judicial function for a judge to commit an intentional tort even though the tort occurs in the courthouse.”

When a judge acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter jurisdiction and the judge’s orders are void, of no legal force or effect.

The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution”, he “comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis supplied in original].

By law, a judge is a state officer.The judge then acts not as a judge, but as a private individual (in his person).

Violation of judge’s oath of office

In Illinois, 705 ILCS 205/4 states “Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:

‘I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.’”

In Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2 states, in part, that “The several judges of the circuit courts of this State, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation, which shall be filed in the office of the Secretary of State:

‘I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of judge of ______ court, according to the best of my ability.’”

Further, if the judge had enlisted in the U.S. military, then he has taken a third oath. Under Title 10 U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent part, as follows: “I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; …”.

The U.S. Supreme Court has stated that “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”. Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).

Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason.

Having taken at least two, if not three, oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason (see below).

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888)

Violating the constitution includes violating the laws of the state of Illinois as the U.S. Supreme Court ruled that when a criminal procedure is statutory, then it invokes the due process clause of the 5th amendment. Violation of the statute by the judge is a violation of federal due process. If this is intentional, then it is “waring” on the constitution.

When a judge violates the law, their orders are void, a nullity.

The law is well-settled that a void order or judgment is void even before reversal. “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.” Vallely v. Northern Fire & Marine Ins. Co.,  254 U.S. 348, 41 S.Ct. 116 (1920)

The elements of lack of jurisdiction may include [issues pertinent to case at bar are in brackets]:

1. Defective petition [indictment in case at bar is legally insufficient, as no probable cause], Brown v. VanKeuren, 340 Ill. 118, 122 (1930).
2. Fraud committed in the procurement of jurisdiction [detective told grand jury that Melongo had an IP address with Comcast], Fredman Brothers Furniture v. Dept. of Revenue,  109 Ill.2d 202, 486 N.E.2d 893 (1985).
3. Fraud upon the court [perjury before the grand jury and law fraudulently presented to grand jury in case at bar], In re Village of Willowbrook, 37 Ill.App.3d 393 (1962).
4. The court exceeded its statutory authority [State Statutes and constitution do not allow a judge to have jurisdiction when there is no probable cause, also violation of 4th Amendment. ], Resenstiel v. Rosenstiel, 278 Supp. 794 (S.D.N.Y. 1967).
5. Where a complaint states no cognizable cause of action against the party [no crime as specified by statute is alleged in the fatally flawed indictment obtained through fraud as there is no probable cause], Charles v. Gore, 248 Ill.App.3d 441, 618 N.E.2d 554 (1^st Dist. 1993).
6. Where the public policy of the State of Illinois is violated [constitution is violated when a person is held for trial without probable cause], Martin-Tregona v. Roderick, 29 Ill.App.3d 553, 331 N.E.2d 100 (1^st Dist. 1975).

Therefore, Judge Brosnahan has no jurisdiction to preside over a trial of Melongo for computer tampering or for eavesdropping because there is no probable cause and therefore no jurisdiction for a criminal case.

Treason by a judge

Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. No judge has immunity to engage in such acts.

The prosecutor is Cook County States Attorney Anita Alvarez with the assistance of the computer crimes division of the Illinois Attorney General, Lisa Madigan.

Of note:  Lisa Madigan was “friends” with the director of SALF, Carol Spizzirri, and assisted her in obtaining grant money from the State of Illinois through Madigan’s father, Speaker of the Illinois House Michael Madigan. They now cannot account for most of the grant money SALF received from donors including the federal grants. Spizzirri is a know liar and commits fraud. She wrote on her applications for federal grants that she is a nurse, yet she is not a nurse. She has been labeled a pathological liar by Wisconsin courts. Her ex-husband has evidence that their now deceased daughter had an order of protection against Spizzirri.

It is thought by Melongo that they are framing her to cover up the fact that the funds from government for SALF were obtained fraudulently and they do not have financial records to account for them. How convenient to blame Melongo for remotely accessing their computers and “erasing” the data. Where’s the money Spizzirra and Madigan?  The FBI has yet to arrest those involved in this fraud.

For more information see: 

SALF Exposed

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

I’ve only had one experience with this judge who says the following about herself:

”I’m detail oriented,” Petrone said, when asked about her strengths. ”I think I can listen well, take good notes, try to have a good temperament, yet keep control of the courtroom and stay abreast of the law.”

I strongly disagree with her statements. She is unfair and immoral in my book. She is high on her horse and needs to be brought down a few notches and given a piece of humble pie.

On October 10, 2007 I was unlawfully arrested by Sheriff staff including Sgt. Rachel E. Wright at the entrance to the Clerk’s office at 555 W Harrison courthouse, when I had gone there to simply pick up a paper from the Clerk for a pending case.

I successfully went through the magnetometer without it beeping or lighting up. The officer at the scanner looked in my bag and saw my hand-held nebulizer with battery pack and back-up cord, the liquid medication I carry for it, an EpiPen I inject myself with (auto-epinephrine injector for medical emergencies) and she took it out and eyeballed it. I had an order from another judge in another courthouse allowing me to bring in this critical medical equipment. I cannot use regular “nebs” because I have a chemical sensitivity to the gas propellant in them.

I noticed a plain clothed middle aged black gentlman of medium build looking at the monitor as I was passing through the security entrance. After the deputy put the electrical cord back into my emergency medical bag (which I have had to use several times in courthouses before an ambulance arrived) he yelled that a person can’t bring a cord into the courthouse. I thought he was a nut case and yelled that this was none of his business and that the cord was medical equipment and I had always been permitted to bring it into courthouses, and that this medical bag never leaves my side.

He confronted me at the Clerk’s door with a male deputy and then Sgt. Wright who had NOT seen me go through the security entrance successfully. I actually have obtained a video showing the magnetometer DID NOT light up and that the deputy handed my medical equipment back to me and didn’t stop me from leaving the security entrance and entering the courthouse.

Sgt. Wright arrested me for trespass to state-supported land which is a facially invalid complaint as they had no statement on the complaint about the REQUIRED second element of such a charge  – that the person was interrupting someone’s use of the building – and the video showed I wasn’t interrupting anyone, but simply was being harrassed and illegally arrested by Sgt. Wright – who had seen me MANY times bring the medical bag into the courthouse. During the arrest the plain-clothed man identified himself as the Asst. Chief Sheriff in charge of the courthouse – A/C Gary Allens.

Sgt. Wright committed perjury in another case saying that the magnetometer beeped and that I tried to sneak in a cord. My bail was revoked on the other case because of this testimony! I clearly tried to sneak in NOTHING – as the video shows the deputy handling the cord and giving it back to me. I also showed the judge in the other case the medical bag, back up electrical cord, equipment in it, and the order form another judge allowing me to bring in this equipment! Judge Joseph Kazmierski in a grotesque act of judicial misconduct refused to view the video – that I got from the Sheriff’s office by court order! He should be removed from the bench.

Judge Petrone a short time later set bail at an obscene $25,000, and ordered me held without bond until brought the next day before Judge Kazmierski on the additional charge resulting from this of violation of bail, without stating a reason for giving a handicapped 53 yr old woman with no criminal record except for a recent wrongful conviction for battery of an officer (I was convicted of kicking a larger male officer from my wheelchair with my partially paralyzed right leg like a ninja – a physical impossibility for me – see:

http://illinoiscorruption.blogspot.com/2008/10/my-remarks-to-corrupt-judge-prosecutor.html

) and refused to view the medical equipment, or order form another judge allowing it in the courthouse, or allow me to talk about it.

Judge Petrone was impatient, rude, arrogant, and simply rubber-stamps the prosecutor no matter how ridiculous the lies with total disregard of the defendant.

I will be filing a petition for adjudication of criminal contempt against Sgt. Wright and civil rights suits for false arrest and malicious prosecution.

As an indigent and handicapped person who is a whistle blower against corrupt judges and police, it is clear that Judge Petrone has no independent or impartial and fair bone in her body. She has ten years experience as a prosecutor and clearly intends to rubber-stamp their wishes without question.

She simply aided and abetted the illegal arrest and malicious prosecution in retaliation for my whistle blower activities against her buddies. She should be held accountable for this judicial misconduct – characterized by this excessive bail for a misdemeanor – for a person who had PERMISSION to bring the alleged “cord” into the building, was ill, has strong ties to the community, and assists in the care of an elderly parent, and has no convictions except for one bogus felony where I was convicted of the impossible – attacking a larger male from a wheelchair and causing “soreness” to the chest.

Judge Petrone owes me an apology and should throw the book at the State and Sgt. Wright for this prosecutorial and police criminal misconduct.

I find it obscene and highly inappropriate to put Judge Petrone in felony court and allow her to set bail and rubber-stamp more prosecutor’s cases with bias, arrogant, and misconduct.

I have an appeal pending before the Illinois Appellate Court on the following issue:

The Federal Court is now reviewing my Petition for Writ of Habeas Corpus to overturn my wrongful conviction for battery to an officer where Judge Joseph Kazmierski and Prosecutors Andrew Dalkin and John Maher wrongfully convicted me through extreme judicial misconduct and prosecutorial misconduct. Cook County Correctional Officer – Sgt. Anthony Salemi had attacked me, falsified his records, said I attacked him, committed perjury at trial and intimidated others to support and cover-up his actions.

State’s Attorney Anita Alvarez Condones Nifong-Like Prosecutorial Misconduct – Federal Judge Coar Rules IL Appellate Court Violates Rights to Appeal

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:

1. Permitted the case to proceed despite a legally insufficient indictment,
2. 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,
3. Permitted introduction of tampered evidence,
4. 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,
5. Failed to enforce subpoenas for key defense evidence,
6. 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),
7. Failed to allow jury instructions about spoilation of evidence,
8. Failure to pay for expert witnesses for indigent defendant,
9. Failure to hold evidentiary hearing on issue of perjury of sole grand jury witness,
10. Denial of defendant’s right to present specific defenses,
11. Permitted the prosecutor to mistate the law to the jury,
12. Pemitting the prosecutor to blatantly and repeatedly mischaracterize the evidence to the jury at closing,
13. Denial of offers of proof,
14. 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,
15. Failure to permit defendant to hear side-bars,
16. Denial of defendants right to self-representation, and
17. 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