Archive for the ‘Judge Paul P. Biebel Jr.’ Category
Mass support for Shelton in court and in letter writing campaign to stop retaliation against whistle blower
The following is repeated on Shelton’s Facebook page here.
Mass public pressure needed for justice and to fight government corruption and attacks on whistle blower.PLEASE WRITE THE SUGGESTED LETTER TO THE FOLLOWING OFFICIALS!
You know that I expose corruption in Illinois and Cook County, particularly family, probate, and criminal courts, through my web sites including: http://cookcountyjudges.wordpress.com, http://chicagofbi.wordpress.com, http://illinoiscorruption.blogspot.com, and http://prosechicago.wordpress.com.
There has been a ten year attack against me in retaliation for above and I need public support in a huge way.
PLEASE WRITE THESE PEOPLE AND ASK THEM TO INVESTIGATE – SUGGESTED LETTER FOLLOWS:
Asst. US Attorney Zachary T. Fardon
United States Attorney’s Office
Northern District of Illinois, Eastern Division
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
Phone: (312) 353-5300
FBI,Special Agent in Charge – Chicago
Robert J. Holley
2111 W. Roosevelt Road
Chicago, IL 60608
Phone: (312) 421-6700
Fax: (312) 829-5732/38
Illinois State Police
Hiram Grau, Director
801 South 7th Street
Suite 1100 – S
Springfield, IL 62703
711 Hart Senate Bldg.
Washington, DC 20510
9 am to 6 pm ET
(202) 224-2152 – phone
(202) 228-0400 – fax
524 Hart Senate Office Building
Washington DC, 20510
Washington, D.C. Office
1717 Longworth HOB
Washington, DC 20515
P (202) 225 – 5701
P (866) 822 – 5701
F (202) 225 – 1012
And ask them to help me to make an appointment with an investigator in the FBI/US Attorney’s offices to file criminal complaints. I need mass involvement in order to obtain justice. My property and home, as well as father’s estate for which I am trustee were all stolen to destroy me and shut me up as whistle blower. I live in Oak Lawn, IL.
Please help Linda Shelton to make appointments with the FBI and U. S. Attorney to deal with corrupt judges in Cook County, corrupt peace officers, numerous false arrests in retaliation for her whistle blowing and in violation of the American with Disabilities Act. Her issues cross state lines and expose corruption at the highest political levels in Illinois. She has helped many of us in exposing corruption in the family courts, probate courts, and criminal courts and now she needs our help! She is disabled and her illnesses are making it harder for her to act alone. The theft of her home and money is outrageous and was done by those who had her falsely arrested to get her out of the way so they could do their evil and illegal acts.
The situation involves:
1) forgery and fraud upon the court in making a fraudulent deathbed trust.
Illegal eviction without the sheriff using the Oak Lawn Police – who knew they could not evict without the Sheriff in an eviction case which was DISMISSED – while the eviction case was pending – now they won’t let her into her house without threat of arrest and are selling the house
2) Theft of her personal property and a $2 million estate for which she is trustee transferred to a person in New Jersey and to unscrupulous attorneys taking advantage of this mentally ill person in New Jersey to convert it to attorney fees.
3) Bribery of a probate judge to write an order saying they own the property and can evict her – when ONLY a forcible entry and detainer action can evict someone – or it is an unlawful lockout, breaking and entering, trespass, wrongful conveyance, theft, etc. The probate judge made orders in the probate case on the issue of a trust – which was not before him so he had no jurisdiction!!! This is criminal action by that judge.
4) False arrest for “touching an officer’s ear” during a PTSD flashback TRIGGERED PURPOSELY BY SHERIFF STAFF – thus a charge of FELONY battery to an officer where they are seeking a 3-14 yr sentence! Shelton is disabled and had a court disability coordinator agreement that the officers would not use info given them to trigger a flashback and if there was a flashback, they would back off while Shelton was confused, cried, cowered and appeared terrified. Instead they grabbed her and carried her to jail, charging her with this fraudulent felony. They are the criminals for violating the agreement. Battery requires intent and they knew there was no intent during a flashback as she was confused and having an altered state of consciousness consistent with a flashback – where she relives in a dream like state attack against her by police where she went into a respiratory arrest.
She need an officer to obtain search warrants and recover her property.
Can you ask the FBI and US Attorney to investigate and to assist as it involves a person in New Jersey – thus crime crosses state lines!
Shelton has documentary evidence to prove all of the above. Of course, the Oak Lawn police won’t arrest themselves.
THANK YOU TO ANYONE WHO WRITES, ATTENDS COURT HEARINGS, OR HELPS ME AND OTHERS FIGHTING COURT CORRUPTION IN ANY WAY!
[ http://chicagofbi.wordpress.com/2012/09/02/fbi-ignores-extensive-pervasive-greylord-like-corruption-in-the-circuit-court-of-cook-county/ ]
They also arrested her on an invalid warrant on a case she won the year before, despite her showing them the court order quashing the warrant!
Shelton’s Advocacy against corrupt county courts includes blog posts like this:
U.S. Supreme Court approves elimination of right to petition for habeas corpus, right to have witnesses at trial, and other Constitutional rights in Cook County
Today the U.S. Supreme Court denied my motion for rehearing of a petition for writ of mandamus against the Cook County Circuit Court, U.S. Supreme Court case number 11-10814, and Dishonorable Judge Peggy Chiampas. Therefore they have approved the following criminal acts done by Judge Chiampas which amount to violation of her oath of office and therefore acts of treason per U.S. Supreme Court case law and gross misconduct of a judge, as well as criminal acts of corrupt Sheriff staff including Assistant Chief William J. Nolan. When the high court refuses to hear a case, this act therefore upholds the acts of the court below that made the rulings which the litigant is challenging in the high court.
There is no legal right to appeal to the U.S. Supreme Court or even the Illinois Supreme Court. The courts changed this right to by permission only. Even though the high court is the supervisor of all courts in the land, they are not required to do so. Therefore, in order to limit their cases to no more than about 80 per year out of about 6,000 to 8,000 submitted they ignore many cases where laws and the constitution are violated by police, lower courts, and officials.
American justice is therefore a myth.
If, as in Illinois the appellate court is corrupt and controlled by the corrupt officials then anyone who criticizes judges, police, or public officials will be made to lose their case regardless of the law. Any lawyer who supports them will have a difficult time making a living in Cook County. In Cook County the courts including the IL Appellate Court and the Federal District Court and 7th Circuit Court’s Chief judges as well as many other judges, and also the state’s attorney, U.S. Attorney, FBI Chicago Director and the Sheriff are controlled by a cabal of corrupt Democratic and Republican officials. These officials include:
1) the former Gov. of IL Jim Thompson who was also Director of the U.S. CIA oversight committee under Pres Bush I and a member of the 911 Commission under Pres Bush II, as well as the top corrupt official in the cabal;
2) IL Supreme Court Justice Ann Burke and her husband Chicago Alderman Burke – who requires that judicial candidates pay the machine $10,000 in order to guarantee their election by buying signs to post on property of state employees from the Sheriff’s and Secretary of State’s offices - thus forcing lawyers to contribute to the judges election campaign committee; forcing state, county and city employees in order to get promotions or keep supervisory positions or even keep a job to sell a certain number of fundraising tickets for election campaign committees; and ensuring that all contracts for government work include a bribe of 15 % of the amount the company earns into the campaign election committees for officials like Speaker of the House Michael Madigan and his daughter IL Atty Gen Lisa Madigan (who with two years in the peace corps and a few years as a State Senator certainly was NOT qualified to be the IL AG);
3)the Daley brothers – John a Cook County Board member who actually controls the County no matter who is the President of the Board, previously his brother Richard who was Mayor of Chicago, and their other brother who is Midwest Director of Chase Bank and that is why they now have the State contracts for processing property tax checks.
The cabal is now preparing to have Lisa Madigan run for Governor vs. the Daley brother to run for Gov. so they can keep tight reigns on the State as well as the county and the city. All other (“inherited Lordships”) elected positions in the Cook County Board, the City Council and State Government are controlled by the cabal so that only a handful of people run the State behind the scenes.
The agencies are controlled through their assistant directors who have been in their positions through several administrations and know the ropes and are controlled behind the scenes by Jim Thompson, the Burkes, the Daleys and other top dogs. They used to control things by taking out opponents with mafia operated machine guns. Now they take out opponents and whistle blowers with false criminal charges, defamation of character, and false allegations of mental illness.
The law firm of Vrdolyak and other mafia lawyers make sure everything is done right and none of these people can be directly tied to the corruption. For example, I was told through intermediaries that “if I paid $10,000 to Madigan (through their election campaign committee) then I could have a meeting with Michael Madigan and all my issues would be resolved. “Business” is conducted behind closed doors. I am being destroyed because of these blogs, my constant criticism and complaints about corrupt government over the past 10 years and my refusal to pay the bribe.
The machine is sort of like the story “Robin Hood”, with Jim Thompson being the evil king, States Attorney Devine now Alvarez being the high cardinal executioner, Sheriff Sheahan now Dart (the one that arranged for Obama’s election) being the evil Sheriff of Nottingham and enforcer of the evilo dictates of the King, and everyone else being an inherited Lordship that cow tows to the King’s whim. In Cook County no one gets on the Democratic ballot without Burke’s approval and Burke arranges for fake Republicans to run in a token manner. There essentially is no Republican party in Cook County any more.
Huge numbers of public employees in the Sheriff’s Office, the Secretary of State’s office and all state, county, and city offices are filled by relatives of elected and appointed officials. If the relatives pay their due into political campaign committees (which are also used to launder money from illegal activities) then they will get a steady job with a huge pension. That is partly why Illinois has one of the worst economies in the country with the highest pension debt! How Special! This system ensures a huge patronage army and is a system, along with the 15 % bribes required for government contracts that is called “pay-to-play”. Most government employees are expected to contribute 3% of their salary to election campaign committees. If you want to trace the corruption, you need to trace the family names of elected and appointed officials, the money trail through their campaign committees and the law firms, agencies, and phony foundations that donate to the campaign committees.
This is why we need term limits, transparency of all actions of the state, county, and city comptroller and treasurer, and public oversight, as well as appointed and not elected judges, appointed not by government officials but by committees of experts with term limits such as law school professors with foundation directors and randomly picked members of the public with at least a college education. I don’t believe our founding fathers understood how easy it would be to corrupt our government.
Please read about the following extensive felony criminal acts of Sheriff staff and judges against Dr. Linda Shelton in the following and here also as well as the criminal and unconstitutional acts of Dishonorable Judge Chiampas at the links in the end of this post:
1) Refusal for a court clerk to file or a presiding judge to hear a petition for writ of habeas corpus in a criminal case. This is the highest right a citizen has in the United States and this now has been eliminated in Cook County. (The right is found in the “Suspension Clause” of the United States Constitution) and the U.S. Supreme Court in a 2008 case called Boumedience v. Bush ruled that even prisoners at Guantanamo Bay have the right to have a non-attorney file a next-friend petition for writ of habeas corpus to have examined by a senior judge if they are being held legally with probable cause. Apparently they have these rights but I do not, nor does anyone who has been charged with a misdemeanor crime in Cook County!
2) Arrest of a defendant for getting sick in the courtroom. Refusal to write an order to force the Sheriff to allow an ill defendant to bring special food or drink into the courthouse or to be allowed to take necessary breaks during the trial, which are violations of the Americans with Disabilities Act.
3) Denial of speedy trial right under the Sixth Amendment to the U.S. Constitution.
4) Denial of right to compulsory process (Judge Chiampas refused to enforce my subpoenas for contact information from Court Clerk Dorothy Brown’s office for her employees who were witnesses in my favor) under the Sixth Amendment.
5) Denial of right to call witnesses who can impeach the state witnesses, including Kent Law School Professor T. Coyne, who witnessed Judge McHale violated my civil rights and jail me for filing a next-friend habeas petition (a legal act allowed by statute), especially as I filed one in 2009 resulting in his appointment by Judge Biebel as an attorney for the defendant Maisha Hamilton, who also has been falsely arrested in order to cover-up the corruption she is a witness to in Cook County and Illinois government. If you defame witnesses, they are useless against you!
Prof. Daniel T. Coyne also is a witness to the fact that a social worker (Robinson) at the jail called me and asked me to pick up the property of an inmate that was transferred (six bags). I came but could only pick up three so I came back a few days later and the jail staff refused to give me the other bags and arrested me for insisting that they cannot keep them and steal them. I then asked Mr. Coyne to pick up Maisha Hamilton’s other 3 bags of legal documents and he did. I then went and retrieved them from him.
Prof. Coyne, lied in the court today and told the judge that I didn’t ask him to pick up the bags or come get them from him. He apparently is working with these corrupt judges to defame and destroy me. Judge Chiampas then barred him as a witness and indicated she was barring all my witnesses. None of them showed up – they are sheriff staff and court clerk staff and have ignored my subpoenas. So the Sixth Amendment guarantee of right to call witnesses no longer exists in C[r]ook County for defendants that the judges want to destroy.
6) Denial of right to have an unbiased judge (Judges orders are void if they fail to transfer a motion for substitution of judge for cause [bais] to another judge). Judge Chiampas refused to do this for more than 5 months, then a corrupt junior Judge Edward S. Harmening denied this motion despite the above facts that cause Judge Chiampas to clearly be revealed as biased and violating the constitution against me. He apparently had his marching orders. She then quashed my second motion for SOJ also and it has not been transferred to another judge.
7) Denial of right not to be arrested and tried without probable cause. The charges against me are not legally sufficient. I am charged with trespass to real property which does not apply in a public building and the charge said I entered the Daley Center after being given notice by the owner or occupant not to enter. Yet the documents say I refused to leave the Sheriff’s office public waiting area where I went to complain that a clerk stole my personal court file. Therefore, the charge is not legal. Judge Chiampas is holding me for trial without probable cause a violation of the constitutiuon.
The second charge is disorderly conduct and again the charge is legally insufficient stating tthat I refused to leave the building. For a charge of disorderly conduct to be legal you have to claim the person disturbed the public order and name people who were doing something that was disturbed. They name no one so the charge is not legal and must be dismissed.
You can read more details about this in my U.S. Supreme Court pleadings at the end of this post.
Therefore, law does not apply in Cook County. The Constitution does not apply in Cook County. Judges are GOD in Cook County, can ignore law, make law, arrest you, convict you and jail you for doing legal things like asking for a supervisor at the Daley Center when a Sheriff staff member violates the law or complaining about harassment by corrupt officials or police. Police can arrest you without legal charges and get you jailed if they are mad that you are criticizing them or exposing their corrupt acts. Retaliation is encouraged. You have no rights in court in Cook County. Excessive bail is the norm so that the courts can rip off even innocent defendants. They keep 10 % of all bonds whether you are innocent or guilty no matter how large the bond, despite the fact it takes the same amount of work to process a $1 million bond (they keep $100,000 even if you are innocent) as it does a $100 bond (they keep $10).
The FBI, U.S. Attorney, State Police, Chicago Police, Chief Judge Timothy Evans, Presiding First Municipal District Judge E. Kenneth Wright Jr, Illinois Appellate Court, Illinois Supreme Court, Federal District Court, and now the U.S. Supreme Court condone the above. Therefore we live in a totalitarian police state and we have no recourse. The First Amendment right to redress of grievances no longer exists. U.S. Supreme Court rulings are toothless and the court refuses to enforce its orders or the Constitution.
This leaves us no choice but 1) suicide, 2) armed revolt (suicide by cop), 3) flee the country, or 4) kiss ass, shut up, do as your told and submit to the corruption while accepting crumbs. What will you choose when this happens to you?
I (Shelton) have appealed to the U.S. Attorney in Washington and several different divisions there, Congressment, Senators in Washington and Springfield, elite lawyers throughout the country, foundations including the ACLU, Constitution Society, etc., and hundreds of lawyers including the National Lawyer’s Guild to no avail. Several told me that they were threatened that if they help me they won’t have a job. Some told me the FBI has only 25 or so agents actually investigation government corruption throughout the country and they won’t prosecute any case unless the government can collect at least $20 million and there are no more than 3 offenders. Top dogs suggest that to make changes requires the help of the press and change can only be done through the legislature or Congress. Since the cabal controls Springfield, change requires federal intervention. I don’t know how much the Obama administration is beholding to the cabal but I do know that when Pres. Obama was a Senator he sat next to Lisa Madigan on the Senate Judiciary Committee. I believe to get real change we need several constitutional amendments including term limits and a rule that no more than a third of a body (house or senate) may include one profession such as lawyers. Right now the fox is watching the hen house.
The following documents give the evidence that proves the above:
Appendix (Exhibits) being scanned into computer – will add later
First supplement to Petition for Writ of Mandamus: http://www.scribd.com/doc/99850182/Supplement-to-Petition-for-Writ-of-Mandamus-to-U-S-Supreme-Court
Appendix (Exhibits) being scanned into computer – will add later
Appendix (Exhibits) being scanned into computer – will add later
2nd Supplement and its appendix being scanned into computer – will add later
Appendix (Exhibits) to SCR 44 Petition for rehearing being scanned into computer – will add later
Activists ask U.S. Supreme Court to appoint special master to review and correct lawlessness in Cook County Courts
This motion to the United States Supreme Court requests that the high court consolidate the issue of lawlessness (denial of civil rights including right to petition for writ of habeas corpus, due process, compulsory process, trial by jury, right to counsel, speedy trial, substitution of judge for cause [bias] and ADA accommodations) in three cases before the court: 12-6561, 11-10814, and 11-10790. It exposes the pervasive and systemic ignorance, maliciousness, cover-up of corruption, and denial of civil rights by judges throughout the Circuit Court of Cook County.
The cases which the activists, Linda Lorincz Shelto, PhD, MD, and Mr. David Bambic are requesting to be consolidated over the issue of appointing a special master to investigate the Cook County Courts and institute systems of oversight of the judges and judicial education including civilian, non-court related oversight include the following three cases:
Motion to consolidate cases over issue of lawlessness in Cook County Courts exhibited by Judges: Michael McHale, Joseph Kazmierski, David Haracz, Peggy Chiampas, Jorge Alonso, Veronica Mathein, Kathleen Pantle, Marie Kuriakos Ciesil, Mary Margaret Brosnahan, Kenneth J. Wadas, Colleen A. Hyland, Noreen Daly, William D. Maddux, Timothy Evans, and E. Kenneth Wright Jr.
Original Petition for Writ of Mandamus in United States Supreme Court due to Trial Court (Judge Peggy Chiampas) ignoring due process and civil rights (speedy trial, compulsory process, ADA accommodations, substitution of judge for cause [bias]). Case No 11-10814
Motion for rehearing of 11-10814 after dismissal without comment.
Original Petition for Writ of Certiorari (appeal) to U.S. Supreme Court regarding lawlessness (violation of trial rights, compulsory process [discovery], refusal to follow Illinois Statutes, and use of hearsay for decisions) Case No 11-10790
Dr Shelton asks U.S. Supreme Court to appoint special master to remove corruption in Circuit Court of Cook County
On this site and in their pleadings before the Circuit Court of Cook County, the Illinois Appellate Court and the Illinois Supreme Court, Dr. Linda Shelton, Dr. Sheila Mannix, David Bambic, Milijana Vlastelica, Frank Epstein, Sandra Padron, Karyn Mehringer, Mic Gerhardt, Maisha Hamilton, Vernon Glass, Naomi Jennings, Annabel Melongo, Davy Cady and many others have shown that the Circuit Court of Cook County has allowed its judges to disregard constitutional rights such as due process, speedy trial, the right to petition for writ of habeas corpus, the right to receive notice and discovery before trial, the right to have enforced state laws as to trial and court procedure, and the right to confront witnesses against them and not have court decision made based on hearsay.
The extreme lawlessness that Shelton has documented on this site is now before the United States Supreme Court in three Petitions for Certiorari and for Mandamus and five more are in preparation. You can read them in the links at the end of this post.
In the pleadings that follow, David Bambic and Linda Shelton are asking the United States Supreme Court to review this extreme lawlessness that has caused wrongful decisions in their cases, but that also is so pervasive that hundreds if not thousands of divorce cases, orders of protection cases, criminal cases, probate cases, and child custody cases must be overturned or retried.
The state of anarchy in Cook County due to judicial ignorance, corruption, misconduct, arrogance, and maliciousness is so extreme, so harmful to children, families, the elderly, and innocent accused of crimes particularly whistle blowers who are being retaliated against, as documented in these three U.S. Supreme Court proceedings that Shelton has requested the U.S. Supreme Court to appoint a special master to review the policies and procedures of the Circuit Court of Cook County and to institute a judicial education and supervision program so that the right to petition for writ of habeas corpus, the right for a speedy trial, the right to compulsory process, the right to notice and discovery before trial, as well as other rights guaranteed by the Bill of Rights including due process or following the statutes and rules of the state and the federal codes and rules are preserved and no longer violated pervasively.
Shelton now calls for Cook County Board President Tony Preckwinkle to fire Chief Judge Timothy Evans for failure to ensure that the judges in the Circuit Court of Cook County follow the Constitutions of the United States and Illinois and the laws of the State of Illinois and these United States.
We can no longer allow this pervasive, malignant lawlessness to run our courts in Cook County and be steered by the corrupt government officials and police officials that have been doing so.
U.S. Supreme Court Petition for Writ of Mandamust concerning refusal to hear petition for writ of habeas corpus and false arrest and conviction for filing a next-friend petition for writ of habeas corpus, as well as summary (no trial) conviction and sentence of 16 mo in jail for criminal contempt for filing the habeas petition as a non-attorney (the judge declared this illegal) despite the fact that Illinois law allows it: 735 ILCS 5/10 et seq.
IL courts, Lisa Madigan & State Police officials caught in scheme defrauding federal government of millions
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:
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:
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:
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:
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.
STOP ILLINOIS CORRUPTION
Linda Lorincz Shelton, Ph.D., M.D.,
Founder and Chief Executive Officer
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:
Circuit Court of Cook County Family Division is Criminal Enterprise and committing RICO violations. See federal RICO suit brought by Dr. Sheila Mannix:
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.
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.
Linda Lorincz Shelton, Ph.D., M.D.
Cook County State’s Attorney
Cook County Board
Select Advocacy Groups and the Press
Illinois Appellate Court First District Judge Sheila O’Brien should be impeached for official oppression and extensive violationof her oath of office. See all posts on this blog relating to her.
As is described in my other posts, I am appealing a criminal case against me for a fraudulent Illinois charge of Medicaid vendor fraud in regards to the jurisdictional issues, not in regards to the not guilty jury verdict. See:
Ignorant Presiding Criminal Court Judge Paul P. Biebel Jr. and Trial Judge Jorge Alonso lost jurisdiction for everything except ordering the transcripts after I filed a Notice of Appeal on March 9, 2009. Yet Judge Biebel, without jurisdiction, sue sponte ordered the Notice of Appeal not to be transmitted to the IL Appellate Court in violation of Supreme Court Rules requiring the N of A to be transmitted within 5 days, and . This also closed the case and the Court Clerk then told me the record of appeal would not be transmitted to the IL Appellate Court. Judge Biebel should be removed form the bench for violation of his oath of office and violation of my constitutional right for an appeal and redress of grievances.
After I hand-carried the N of A to the IL Appellate Court, the Clerk of the Court, David Ravid, docketed the case and told me that Judge Biebel’s order does NOT apply to the IL Appellate Court. Then I showed the docket sheet to the Cook County Criminal Clerk and she said she therefore would transmit the record on appeal to the IL Appellate Court as per the IL Appellate Court the case was now active.
Ignorant and malicious Judge Alonso denied my motion for free transcripts for appeal despite declaring me indigent. This is a violation of U. S. Supreme Court holdings and stare decisis. Judge Alonso is blatantly violating case law and violating my constitutional right to an appeal. This is called official oppression or official misconduct and he should be criminally prosecuted and removed from the bench for violation of his oath of office, for this as well as for allowing the prosecution against me to proceed without ANY personal or subject-matter jurisdiction.
I filed three motions to the IL Appellate Court. One for indigency which today was granted by IL Appellate Court Judge Sheila O’Brien, but she added an order sue sponte against my wishes appointing the State Appellate Defender to be counsel for the case. I intend to pursue this appeal pro se. There was NO motion for appointment of the State Appellate Defender.
The State Appellate Defender can order transcripts free, but the Circuit Court of Cook County Reporter is more than a year behind in providing transcripts and therefore is impeding MANY appeals as they cannot be written without the transcripts being filed.
Incompetent and careless Judge O’Brien also denied the following two motions to order Judge Biebel to vacate and expunge his illegal, unauthorized order prohibiting the clerk form transmitting the N of A and therefore preparing the record on appeal. Judge O’Brien is violating law by ignoring IL Supreme Court rules and case law which state that a lower court loses jurisdiction once a N of A is filed and that the N of A MUST be transmitted by the clerk as a matter of law.
Judge O’Brien also violated case law and costitutional right by denying motion to order Judge Alonso to order the transcripts to be prepared free of charge by the court reporters and filed with the Clerk of the Circuit Court of Cook County. Judge O’Brien MAY NOT overturn constitutional rights to a direct appeal in a criminal case and for redress of grievances by ACTIVELY, WILLINGLY AND KNOWINGLY depriving an indigent defendant of transcripts. This denies due process and is a violation of Judge O’Brien’s oath of office. It also is the criminal act of official oppression and official misconduct.
The next step is to request an IL Supreme Court supervisory order to intervene and overturn Judge O’Brien’s unconstitutional and either incompetent or malicious, arrogant orders. I will also move the 7th Circuit Federal Court of Appeals for an order that the illegal actions of Judge O’Brien serve as a State waiver of the State’s right to insist I exhaust state remedies, where my petition for habeas corpus is pending a request for a certificate of appealability after it was denied for failure to exhaust state remedies. I have requested review under the public interest exception to the mootness doctrine and I’m challenging the ruling that I didn’t exhaust state remedies as I did present the jurisdictional issues to the IL Supreme Court twice in a direct appeal and in a habeas petition regarding a criminal contempt finding by the Trial Court in the vendor fraud case, where I allege that since the vendor fraud case lacks jurisdiction and is null and void ab initio, then the criminal contempt finding cannot be held to stand in the presence of a null hearing. The Illinois Supreme Court twice CHOSE to deny leave to appeal and leave to file petition for habeas on these issues. They should NOT be given a third bite at the apple.
See above first of three links for Motion concerning Judge Biebel’s orders.
Following is Motion concerning Judge Alonso’s denial of transcript:
APPELLATE COURT OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS ) Appeal from the Circuit Court
) of Cook County, Illinois
-vs.- ) No. 04 CR 17571-03
LINDA L. SHELTON )
) Honorable Jorge Alonso
Defendant-Appellant ) Judge Presiding
MOTION TO ORDER JUDGE JORGE ALONSO TO VACATE HIS ILLEGAL ORDER DENYING INDIGENT DEFENDANT FREE TRANSCRIPTS FOR APPEAL AND THE PREPARATION OF THE RECORD ON APPEAL
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Trial Court Judge Jorge Alonso to vacate his illegal order denying indigent defendant free transcripts for appeal and the preparation of the record on appeal. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A attached to concurrently filed motion) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.
Defendant, pro se, filed Motion for Free Transcripts to be prepared and for Court Clerk to Prepare Record on Appeal without charge and presented this motion to Judge Alonso on March 20, 2009. Judge Alonso orally denied the motion without legal basis and in violation of established law. (Exhibit B) Trial Court previously declared Defendant indigent.
It is clear from Stare Decisis, Illinois Supreme Court Rules, and common knowledge that indigent defendants must be granted free transcripts of the proceedings and free preparation of record on appeal for transmission to the Appellate Court. Failure to do so denies the defendant’s constitutional right to due process and redress of grievances.
Therefore, Judge Alonso has violated the constitution, Illinois Supreme Court Rules, and higher court precedent in denying free transcripts and preparation of record of appeal.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order reversing decision of Judge Alonso denying the record of proceedings and record on appeal without cost to indigent defendant.
I filed a Notice of Appeal as a right with the Clerk of the Circuit Court of Cook County on March 9, 2009. I was found not guilty of Medicaid vendor fraud because it was a case of ID theft. I am NOT appealing the verdict. I am appealing the issue of jurisdiction both because controversies remain and due to the public interest exception to the mootness doctrine.
The Circuit Court loses jurisdiction once the Notice of Appeal is file. The Clerk of the Court is required by law to transmit the Notice of Appeal to the Illinois Appellate Court.
On March 20, 2009 Judge Biebel sue sponte wrote an order barring the Clerk from transmitting the Notice of Appeal or from preparing the record on appeal, illegally declaring that there was “no appeallable order”.
I too the Notice of Appeal to the Illinos Appellate Court and had the case docketed – 09-0949. I also filed the following two motions. Judge Biebel has violated his oath of office by blatantly violating law.
The result of his order would have been to deny the appeal of the jurisdictional issue, which if I win, will set precedent and prove that Illinois Attorney General Lisa Madigan and the Illinois State Police Medicaid Fraud Control Unit in conjunction with the Office of Inspector General Federal Dept. of Health and Human Services have been illegally and baselessly prosecuting a number of quality and dedicated providers of mental health services to persons on Medicaid. A win would free Dr. Maisha Hamilton Bennett, overturn her conviction and overturn the conviction of Naomi Jennings and perhaps others I don’t know about, as well as force the prosecution against Vernon Glass to cease.
As explained in the following link AG Madigan and IL Medicaid (started by previous AG Ryan and previous administrations) have a scheme to deny mental health care to persons on Medicaid, use this as a phony claim they are tough on fraud for election purposes, and use this to help balance the IL budget on the backs of the mentally ill. They are claiming that Medicaid will not pay for psychiatric services performed by non-physicians such as licensed drug-addiction counselors and psychologists when billed fee-for-service as employees of physicians. They claim it is felony fraud for a physician to bill Medicaid for services of such licensed employees.
This essentially denies mental health care to persons on Medicaid as > 80 % of mental health care in this country is provided by non-physicians. We need 30,000+ pediatric psychiatrists yet the country has less than 5,000. Failure to provide mental health care increases crime, misery, family disruption, and poverty. It is a disaster to our economy. Judge Biebel is part of the problem, not the solution. He should be impeached. As presiding criminal division judge he should be held to a higher standard and should know better.
For a detailed and exhaustive analysis of the fraudulent nature of the charges and the state scheme see:
For a detailed analysis of why the indictment is legally insufficient and therefore the case is void see:
For a shorter description of the scheme by the state to deny mental health care see:
For detailed discussion of the jurisditional issues in a federal Petition for Writ of Habeas Corpus which was denied and is pending before the 7th Circuit Court of Appeals under the public interest exception to the mootness doctrine see:
The following is my Motion to the IL Appellate Court to overturn Judge Biebel’s void and illegal order:
APPELLATE COURT OF ILLINOIS
) of Cook County, Illinois
-vs.- ) No. 04 CR 17571-03
LINDA L. SHELTON )
) Honorable Jorge Alonso
MOTION TO ORDER JUDGE PAUL P. BIEBEL JR. TO VACATE HIS ILLEGAL ORDER FOR CIRCUIT COURT CLERK NOT TO TRANSMIT NOTICE OF APPEAL TO APPELLATE COURT
NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Presiding Circuit Court of Cook County Criminal Division Judge Paul P. Biebel Jr. to vacate his illegal order for Circuit Court of Cook County Clerk not to transmit Notice of Appeal in above titled case to Illinois Appellate Court. In support of this motion Defendant states as follows:
Defendant, pro se, filed Notice of Appeal (Exhibit A) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.
Defendant, on April 10, 2009, received an order made sue sponte by Judge Paul P. Biebel Jr. instructing the Clerk NOT to transmit the Notice of Appeal to this Appellate Court stating that there was no final appealable order. (Exhibit B)
Notice of Appeal states that Defendant was found not guilty on February 24, 2009, but was appealing NOT THE VERDICT, but the issue of JURISDICTION of the court.
The Illinois Appellate Court, 3rd District in King v. DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974) ruled that a judge’s refusal to enter a finding of not guilty after a not guilty verdict was a final appealable order. The United States Supreme Court in several cases granted certiorari after not guilty verdicts and ruled that issues in cases where there were not guilty verdicts were appealable if they met two tests: 1) there remained a controversy, and 2) when there is no threat of either multiple punishments or successive prosecutions as a result of overturning the decisions of the trial court; in essence that as long as the double jeopardy clause is not offended the appeal is not barred. United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, (1975); Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055 (1975); United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975); United States v. Martin Linen Supply Co, 430 U.S. 564, 97 S.Ct 1349 (1977); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978)
A case is only moot when it involves no controversy. Hynde v. Hopper, 56 Ill.App.2d 152, 205 N.E.2d 647 (1965)
In the present case there remains a controversy – the issue of personal and subject matter jurisdiction. The appeal and decision about this controversy denying Defendant’s multiple motions to dismiss pretrial for lack of jurisdiction was barred until there was a final order of the court (finding of not guilty after not guilty jury verdict). The issue is not moot because a decision on jurisdiction will solve several remaining controversies. There is no limitations on the time to appeal void orders.
First, if the case lacked jurisdiction and was null and void ab initio, then all bail orders are void and the Clerk may not retain the 10% of the bail or $1100, and she must return this money to the Defendant.
Second, if the case was null and void ab initio, then the case must be expunged from Defendant’s criminal record without charge to her and without the requirement that she apply for it to be expunged.
Third, if the case was null and void ab initio, then two findings of criminal contempt found during the precedings would also be null and void and must be vacated and expunged, even IF the defendant had made contemptuous statements or made contemptuous actions during these two hearings which would become nullities. ACC 050087-01 and ACC 070057-01
Fourth and finally, Defendant also claims that the issue of jurisdiction is not moot because if the valid controversy of alleged lack of jurisdiction in this case is resolved in favor of the State’s position that there is jurisdiction, res judicata on this issue would bar any tort action against Judge Pantle and Attorney General Lisa Madigan in federal case number 1:06-cv-04259, a pending civil rights suit against these persons on hold in federal court pending the disposition of this criminal case (now it will be taken off of hold status). The orders of the federal court based on presumed absolute judicial and prosecutorial immunity did not address the merits of the allegation of total lack of jurisdiction of prosecutor or Trial Court and its judge. Therefore, the Federal District Court has NOT decided this jurisdictional issue in the pending case, 1:06-cv-04259. There is no issue of res judicata barring the consideration by the Illinois Appellate Court of the controversy concerning jurisdiction in this case. The Federal Court order removing these two persons from the suit as defendants will be appealed due to their lack of jurisdiction. This order of the Federal District Court in case number 1:06-cv-04259 becomes null and void if this Illinois Appellate Court rules that this criminal case was null and void ab initio, as prosecutors and judges lose absolute immunity ONLY when they are declared to have NO jurisdiction in a case. Therefore a controversy remains as to whether the Illinois Attorney General ever had jurisdiction to indict and prosecute defendant and whether the Trial Court ever had jurisdiction to hear this case, based on the resulting void indictment. The resolution of this controversy has immediate impact on the resolution of the above mentioned federal case and on the convictions of Maisha Hamilton Bennett and Naomi Jennings, as well as on the pending criminal case against Vernon Glass. All these cases involve the same charges and the same issues leading to the conclusion that there was a lack of trial court and prosecutorial jurisdiction or authority as listed in the Notice of Appeal. Therefore, harm will befall defendant and continue to befall Maisha Hamilton Bennett, Naomi Jennings, and Vernon Glass if the issue on this appeal of jurisdiction is not resolved in defendant’s favor.
Therefore, the Illinois Appellate Court is NOT BARRED from hearing this appeal pertaining solely to the jurisdictional issues.
WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order for Judge Paul P. Biebel Jr. to vacate his order of March 20, 2009 to the Clerk not to transmit the Notice of Appeal to this Honorable Court.
Under penalties as provided by law pursuant to 735 ILCS 5/109-1 I certify that the statements set forth herein are true and correct.
Dated: April 14, 2009
Linda L. Shelton, Ph.D., M.D. Linda L. Shelton
Judge Paul P. Biebel Jr. has again violated stare decisis in snubbing his nose at previous United States Supreme Court Rulings and the United States Constitution.
I filed a Notice of Appeal in case no. 04 CR 17571-03 regarding the issue of personal and subject-matter jurisdiction. IT IS CLEAR THAT THE COURT NEVER HAD JURISDICTION. See:
The trial court under the following judges in succession violated my rights by holding court without jurisdiction and failing to dismiss and vacate the case ab initio based on lack of jurisdiction: Judges Crooks, Fox, Pantle, and Alonso. All these judges are intellectual midgets who need guidance by studying case law. They all make baseless knee-jerk decisions violating higher court rulings and are unable to handle making decisions of law except for basic common variety criminal case issues. They should be barred from any case with complex federal laws or unusual questions of law.
I went to trial on February 17, 2009 and was found not guilty by the jury on Febrary 24, 2009. I am NOT appealing the verdict. I am appealing the jurisdictional pretrial rulings where Judges Fox, Pantle, and Alonso claimed that “Federal Law does Not Apply in this Case” [Judge Alonso] despite the fact that Medicaid is a joint federal state program; that “I don’t care” [Judge Pantle] in response to my complaint and request to argue the jurisdictional issues; and denials of motions to dismiss for insufficient indictment [see:
violation of statute of limitations, for illegally impaneled grand jury, for misstatement of the law to the grand jury, for extensive perjury of the State witness to the grand jury, for violation of speedy trial statutes, for violation of the Supremacy clause, for failure to state a valid charge, and for lack of personal and subject-matter jurisdiction because the sham prosecutor IL Attorney General Lisa Madigan has no legal authority in Illinois to independently appear before a grand jury, obtain an indictment, or prosecute a case without the invitation, review of evidence and decision of charges, consent, and at least minimual participation of the County State’s Attorney – which was never done in this or similar cases.
I filed a Notice of Appeal per IL Supreme Court Rules on March 9, 2009 stating I was appealing the jurisdictional issues and not the verdict. By IL Supreme Court rules the Clerk is REQUIRED to transmit the Notice of Appeal to the IL Appellate Court, and the Circuit Court loses jurisdiction once the Notice of Appeal is filed.
The Clerk of the Circuit Court has in violation of her oath of office to follow the law refused to transmit the Notice of Appeal to the IL Appellate Court because she was ordered by Presiding Criminal Court Judge Paul Biebel Jr (not trial judge) not to transmit the Notice of Appeal or prepare the Record on Appeal.
Therefore, Judge Biebel’s order is null and void as he had no jurisdiction to make it and the Clerk MAY NOT follow it. I spoke with Dorothy Brown, Clerk of the Circuit Court today and she promised to look into this and get back to me.
In addition, stare decisis due to United States Supreme Court opinions specifically allows appeals in criminal cases where there have been not guilty court findings IF 1. there is a controversy and 2. if the double jeaopardy clause is not invoked by a new trial being required upon reversal of the trial court rulings. See United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, (1975); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978); and King v DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974).
In my case there are three controversies that survive the not guilty verdict: 1. jurisdiction, 2. clerk retaining 10 % of the bond would be illegal if the bail orders are declared void when the court is declared to have had no jurisdiction, and 3. pending civil rights suits against AG Madigan and J Pantle for malicious prosecution, wrongful pretrial incarceration, and other torts are only valid if these persons lose absolute prosecutorial or judicial immunity. The only time they lose immunity is if the case is totally void and there is proven to be no jurisdiction – which is the case in this instance.
Double jeopardy is NOT INVOKED if I should lose the appeal of the jurisdictional issues as this would only mean that the case was valid and the not guilty verdict would stand. If I win the appeal and it is declared that there never was jurisdiction of the court or the prosecutor, then Clerk Dorothy Brown must return the $1100 she retained as 10 % of the bond because the bond orders would become void and the case against AG Madigan and Judge Pantle would proceed.
I have not decided between several options as to how to cause Dorothy Brown to prepare the record on appeal and transmit my notice of appeal. The right thing for her to do is to inform Judge Biebel that she refuses to violate Supreme Court Rules, United States Supreme Court rulings, and her oath of office and that she would not honor his illegal and void order, but was transmitting the Notice of Appeal to the IL Appellate Court and was preparing the record on appeal.
I could also make a motion to the IL Appellate Court requesting that they order Dorothy Brown to transmit the Notice of Appeal and prepare the record on appeal, as well as voiding Judge Biebel’s illegal order. I could also ask for the Illinois Supreme Court to do the same under a Motion for Supervisory Order or Motion for Mandamus.
Judge Biebel’s conduct is a violation of his oath of office, an illegal penalty on the exercise of my constitutional rights, official judicial misconduct, a violation of IL Supreme Court Rules, a violation of the United States Supreme Court Opinions (stare decisis or precedent), unethical, immoral, discriminatory, retaliatory, and criminal.