Archive for the ‘Prosecutorial Misconduct’ Category
For too long now, the corrupt in government have been trashing the Constitution and de facto eliminating our Constitutional rights. The 1 % and greedy are abusing the rest of us getting richer while making us poorer, denying education to the masses, denying health care, denying access to knowledge, denying the freedom to speak our mind and the justice of the courts. Multinational corporations now control our governments. Our Constitution has no weight. Our U.S. Supreme Court even refuses to enforce its own rulings. When the courts trash our rights, we no longer have remedy.
ANONYMOUS – a secret society of hackers around the world dedicated to a free and open Internet [able to hack into anything], in response to the murder of Aaron Swartz , an Internet genius and proponent of free access to knowledge paid for by taxpayer dollars, has now decided to use their last resort and act. The line has now been drawn in the sand. They have reluctantly decided to act as a last resort due to the tyrany we now experience.
The Internet War against government corruption has now been unleashed. They have launched the first missile.
I support it. I also ask ANONYMOUS to help us by publicizing the systemic lawlessness of the courts in Cook County and Illinois that I have revealed on this web site.
Please view the video in this link that announces the beginning of the Internet War to reform our corrupt government.
May God Help us! Tyrants in the Cook County Courts and in our government must be exposed, removed, and reform must occur. There is no other option.
We are Anonymous. We are Legion. We do not forgive. We do not forget. Expect us
This is my response to the death of Aaron Swartz [an Internet and computer genius who invented RSS at the age of 14 and founded Reddit, who worked tirelessly for Internet freedom]:
Aaron’s death has devastated me. I and many others before and presently have tried to improve the world by working to right the wrongs that we bump into so annoyingly. Aaron in terms of Internet access to knowledge that our taxes paid for; me to make our courts transparent and information in our court system open to all so that we can bring to the light of day the corruption that is destroying us, most of all destroying children, elderly, families, and those of us who are working so hard, sacrificing so much, and mostly caring about others especially our children’s futures as well as the many before us and after us that will do the same. Yet our own government is used to destroy us in order to keep knowledge, justice, and freedom in the hands of the 1%, as well as in the hands of the corrupt, instead of in the hands of the people. I have also been arrested on fraudulent and excessive charges apparently in efforts to try to shut me up and shut down my blogs. I know exactly how Aaron felt. The hopelessness and despair are hard to fight. I pray that all those who knew Aaron and heard of him will help continue what is a fight, in the case of Aaron and likely soon in my case to the death. I hope his friends will pursue his cause with a vengeance, as well as try to help others, like me and our group of whistle blowers and activists who are seeking to bring more transparency and justice to the world, as well as stop the cover-up of the corruption that is lining the pockets of the corrupt, the connected, and the exclusive 1%, at the expense of the 99%.
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:
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
This judge should be impeachedas she is committing treason according to the definition of treason by the United States Supreme Court.
Dishonorable Judge Peggy Chiampas should be removed from the bench. I have documented in court pleadings before the United States Supreme Court (see links below) how she has refused to transfer a Petition for Writ of Habeas Corpus to the Chief Judge for a Hearing. The right to petition for writ of habeas corpus is the highest right a citizen of the U.S.A. has under the U.S. Constitution (Suspension Clause), so she is violating her oath of office. The petition states and with evidence and quoting law proves that the charges against me (Dr. Linda Shelton) in six pending misdemeanor cases are legally insufficient and therefore Void (a nullity which removes the court’s jurisdiction). It is treason for a judge to hold someone for trial on legally insufficient complainst which don’t state a legal charge. Therefore, she is violating her oath of office and committing treason. This is treason as it is knowing and willing, not a mere error by an ignorant judge.
Judge Chiampas has also refused to allow me to attend to my medical needs, thus causing me to collapse in the courtroom, unconscious on March 6, 2012. On March 21, 2012, when the air conditioner broke in the courtroom, before she ascended to the bench, while we were waiting, the room became very hot over 90 degrees. I have medical conditions where I cannot tolerate heat and must remove myself from hot environments or I pass out and go into a cardiac arrest. I told the deputies and the public defender that I was feeling ill and going into the air conditioned hall. Judge Chiampas when she came in the room then ordered my arrest in the hall and refused to allow me to tell her what happened. I was jailed for a week illegally in violation of the Federal Americans with Disabilities Act. This is another violation of her oath of office that requires she be charged with treason and removed as a judge. So far the Illinois Judicial Inquiry Board has been reviewing my complaints about her since July 2012 and have done nothing.
Judge Chiampas is REFUSING to accommodate my disabilities and trial is scheduled for November 26, 2012 in room 102 at 10AM at 2600 S California in Chicago, courtroom 102. In retaliation for me not being in the courtroom on March 21, 2012, Judge Chiampas illegally dismissed my pending motions for Substitution of Judge For Cause, for dismissal of charges due to violation of speedy trial Illimois laws and Constitutional speedy trial rights under the Sixth Amndment, for compulsory process to force Court Clerk Dorothy Brown to reveal the addresses (last known and forwarding) of my witnesses, her attorney Phillippa Akem (who has since resigned) and retired Court Clerk Joe Smolensky, as well as REFUSED to transfer my petitions for writs of habeas corpus on pending fraudulent cases to the Presiding First Municipal District Judge E. Kenneth Wright Jr. .
Therefore, I am expected to go to court and defend myself againt legally insufficient criminal misdemeanor complainst that fail to state a charge, beyond the deadline for trying me (speedy trial has been violated so the charges must be dismissed), with a biased judge who has actively ignored the constitution, the law, and the Americans with Disabilities Act requirement that she must accommodate disabilities.
In addition she has illegally granted the State’s motion to admit into evidence “proof of other bad acts” (pending criminal misdemeanor charges on several other cases that are also legally insuficiient and don’t state a charge, where I am innocent and being retaliated against by corrupt Sheriff staff for filing civil rights cases against their buddies - thus trying me on these cases without a trial, and testimony on a case that was dismissed from a detention aide, Shell, who attacked me in the lock-up, falsified her records and claimed I attacked her). The following are photographs of bruises I received after being viciously beaten by Detention Aide Shell and her colleagues in the female lock-up on March 4, 2006.
Appendix (Exhibits) being scanned into computer – will add later
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
Attack on me by correctional officers Levy, Ruiz, and Connolly who held me down and kicked me with their boots. The following is the civil rights suit that was dismissed because I missed the statute of limitations by one day and the photographs of the bruises.
They should be arrested for battery of a handicapped person. Sheriff Sheahan and Dart are ignoring the evidence. I have lots of evidence of perjury by the deputies that is being ignored and for excessive force, medical neglect, medical abuse, and battery by Sheriff and deputies. They have killed people and the FBI has not arrested these correctional officers or imprisoned them! This is no different than what the Gestapo did in WWII. We live in a lawless police state in Chicago. Read former IL Senator Roger Keat’s new book “Chicago Confidential” for more details about corruption.
Detailed stories with evidence proving perjury by Sheriff deputies against me and false arrest, malicious prosecution:
Story about U.S. Attorney investigation of Cook County Jail proving guards have killed, maimed, and systemically abused detainees, denied them medical care, and continue extensive civil rights violations:
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.
Cook County Circuit Court Judge Chiampas suspends 6th Amendment right to compulsory process and speedy trial, violates Illinois Statutes for Substitution of Judge – in acts of treason
Shelton has filed an United States Supreme Court Petition for Writ of Mandamus against Circuit Court of Cook County Judge Peggy Chiampas for ordering denial of compulsory process, denial of speedy trial, and violation of statutes for substitution of judge for cause.
Judge Chiampas even issued a warrant on a case that Shelton won a year ago and set bail for this misdemeanor of $25,000. She also arrested Shelton for going out into the hall when she was ill, violating the U.S. Americans with Disabilities Act. In addition, she issued two bails on one case and has issued excessive bails. Judge Chiampas is not fit to be a judge as she has no understanding of basic constitutional rights.
Judge Chiampas is incompetent, narcissitic, rude, and dangerous to the public. She needs to be immediately removed from the bench and subjected to mental health evaluation. Presiding Judge Wright and Chief Judge Evans should be held accountable for allowing this nut case to remain on the bench. She is only concerned about railroading people through her court in a rush to judgment so she can clear the calender that has been loaded up with so many cases due to misconduct of other judges. The chief and presiding judges have placed her on this call to clear the calender and have paid no attention to her incompetence and misconduct. Her courtroom is nothing more than a Salem Witch trial. Please help get this nutcase off the bench.
Judge Peggy Chiampas is so ignorant of the law that she doesn’t understand that she cannot strike a motion for substitution of judge for cause. She had the gall to tell Shelton that she was considering allowing her to refile the motion. Shelton on June 13th, 2012, told Chiampas in court that she had not jurisdiction, that she lost it when Shelton had her courier file a Motion for SOJ Chiampas for Cause. Shelton said she didn’t need her leave to refile it as Chiampas’ order to strike it was VOID ab initio according to higher court case law. Chiampas then said she was granting leave to file. Shelton said she no longer recognized Chiampas as the judge on the case and every order she makes is VOID and without jurisdiction.
See Shelton’s Petition for Writ of Mandamus to U.S. Supreme Court here and her petitions for writ of habeas corpus here (will be scanned in shortly).
See Shelton’s 1st Supplement to Petition for Writ of Mandamus to U.S. Supreme Court here.
See Shelton’s Motion for Stay of Cook County Court Proceedings in 09 MC1 223774 pending U.S. Supreme Court rulings here.
Shelton made a motion for Substitution of Judge for Cause, because of Judge Chiampas history of lawlessness, and it was filed by a courier on May 29, 2012. Judge Chiampas said it was stricken on May 29, 2012, a day Shelton did not come to court because Chiampas refused to transfer the case to the presiding judge and had ordered Shelton to come to court on May 29, 2012 and submit to a trial that day, but Chiampas had ordered that Shelton could not have witnesses (Chiampas had stricken motions to compel Clerk Brown and Sheriff Dart to produce evidence – names of witnesses. Both Brown and Dart are deliberately ignoring the subpoenas, which is a criminal act). On June 13, 2012 Shelton was in court, in custody after she had surrendered at the FBI buildling on June 8, 2012. Shelton had taken this extra time and not shown up in court so she could write a Petiton for Writ of mandamus to the US Supreme Court and file Petitions for Writs of Habeas Corpus to have these bogus cases dismissed and to order a fair trial – force the judge to be replaced and force compliance with subpoenas as well as force the court to follow speedy trial laws and the constitution concerning compulsory process of witnesses and other laws.
The jail staff have purposely and maliciously in the past when Shelton was illegally incarcerated prevented her from having paper and pen and access to the courts, so that she had to make sure any motions were written before she surrendered. These legal filings by Shelton apparently were noticed by Presiding Muncipal 1 Judge Wright who ordered that Judge Harmeling would hear the SOJ for Cause Motion, despite Judge Chiampas striking it. Judge Chiampas on June 13, 2010 also ordered the states attorney to meet with Shelton who showed them that two of the case numbers were the same case and Clerk Brown had made one of her numerous clerical errors – so the state dropped one of the cases. Then Chiampas ordered Dart and Brown to have their lawyers in court on June 20 and ordered them on June 20th to comply with the subpoenas. This is AFTER Judge Chiampas had stricken with prejudice (can’t be reinstated), on March 21, 2012, Shelton’s motion to compel Dart and Brown to comply with subpoenas. Chiampas must have read the US Supreme Court Motion which asked the court to compel Chiampas to follow the Bill of Rights and compel witnesses to comply with subpoenas.
On June 28, 2012 Shelton informed the court through an attorney that she could not appear to hear Judge Harmeling’s ruling on the Motion for SOJ Chiapas for cause that Shelton argued on June 20, 2012, because Shelton was ill and due to her multiple chronic illnesses and the extreme heat index, as well as a stomach flu with fever, she could not appear in court. The next hearing was postponed until July 2, 2012 as a result.
Shelton, on June 13, 2012 told Judge Chiampas that it was illegal for her to strike the motion for Substitution of Judge for Cause. Judge Chiampas said that presiding Judge Wright had ordered another Judge to hear the motion and that she was allowing the motion to be re-instated (she had no power to strike or re-instate as the only power she has after a motion for substitution of Judge is written and filed is to transfer the case to the presiding Judge). Judge Harmeling was assigned to hear the motion and he appeared in court on June 20, 2012.
Judge Harmeling heard the Motion for SOJ for Cause against Judge Chiampas on July 2, 2012 and totally igored the higher court precedent on the topic that Shelton had written in her Motion for SOJ for Cause (see it here), as well as the law, fraudulently stating that Shelton was just angry at Judge Chiampas’ rulings and that was not a reason to substitute judge. He then denied the motion and transferred it back to Judge Chiampas. Judge Chiampas then ordered a status hearing on August 3, 2012 to check on whether discovery was complete from the subpoenas issued to Clerk Dorothy Brown and Sheriff Dart.
Shelton on July 2, 2012 filed several motions including a motion 2nd Motion for SOJ for cause
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:
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.
I started a petition to be sent to President Obama and U.S. Attorney General Eric Holder.
Free Whistle-Blower – Exposed $8 Million Fraud by Phony Foundation (SALF) – IL Officials Retaliate
It asks that the Department of Justice investigate the following:
1) a the phony Save-A-Life-Foundation that investigative reporter Chuck Goudie uncovered and exposed the fact that numerous prominent politicians, without due diligence assisted SALF fraud and CEO Carol Spizzirri with obtaining $ >8 million in government grants,
2) the cases against Annabelle Melongo who was hired as the IT person for SALF and when she discovered this fraud she took it to Special Agent Depooter in the Chicago FBI office, was fired by SALF and was fraudulently accused by SALF CEO Spizzirri and then indicted by Cook County States Attorney Alvarez’s office with the assistance of the office of the Illinois Attorney General Lisa Madigan of remote computer tampering (deleting financial records at SALF computers, despite the fact that the computers were disconnected from the Internet), and
3) the perjury before the grand jury by Schiller Park Detective William Martin who claimed he had evidence that Melongo, after she was fired, remotely tampered with the SALF computers, despite having evidence that the computers were disconnected from the Internet and Melongo’s computer address (IP address) was not the computer that had accessed the SALF computers on the date in question .
The cases against Melongo appear to be an effort by persons who want to cover-up the connection between Spizzirri obtaining funds fraudulently and the many prominent politicians who helped her obtain these funds.
To read it and then if you want to sign the petition click here.
On May 5, 2010 Annabel Melongo who has been held in Cook County Jail on first no bail for alleged violation of bail on a computer tampering charge that is bogus and without probable cause and also on a $30,000 bail on an eavesdropping charge which is bogus and without probable cause, went before Judge Brosnahan with her attorney J. Nicolas Albukerk to ask for reduction of bail. Bail was originally set several years ago on the computer tampering charge at a $10,000 personal recognizance bail (I-Bond).
Melongo has been religiously attending all court hearings on this computer tampering case for years. She was originally indicted three years ago, the indictment withdrawn and then she was re-indicted on the same charge. She clearly is NOT a flight risk. She also at this point is indigent because she cannot obtain work as a computer consultant or IT expert while under indictment for computer tampering. No one will trust her.
Therefore an innocent person, Melongo, is undergoing a civil death because Illinois Attorney General Lisa Madigan and States Attorney Anita Alvarez want to corruptly protect the reputation of politicians who gave Save-A-Life Foundation CEO Spizzirra (a “pathological liar” according to a Wisconsin court, manipulator, and a fraud artist) more than $8 million dollars without checking out her background or the legitimacy of her fraudulent corporation, and then never investigating what she did with the money. Rumor has it that kickbacks (pay-to-play amounts ended up back in the political funds of the politicians). Melongo who had been hired by SALF discovered this massive fraud and the involvement of politicians (Madigan, Durbin, Shankowsky, Duncan, etc) prior to leaving SALF. She has taken this information to the FBI and the U.S. Attorney and FBI have failed to arrest anyone as of this date!
Melongo’s supporters are asking if the Chicago FBI and U.S. Attorney are involved in this cover-up of massive fraud? Why else would they fail to arrest those involved?
Judge Brosnahan had originally set bail at “no bail” in violation of the Illinois Constitution Article I, Section 9 but reduced it to a grossly excessive $500,000 bail on the computer tampering charge in April. Her reason for setting the “no bail” amount is not known to me as I did not attend that hearing. However the “no bail” order is clearly unconstitutional and illegal.
Judges can only set “no bail” if the charge could result in a life sentence or death sentence, or if a due process hearing determines the person poses a real and present threat to the physical safety of any person. See: Illinois Constitution Article I, section 9. Obviously Melongo with no previous criminal record does NOT fall into this category.
Judge Brosnahan intentionally and willingly violated the Illinois Constitution. This is an impeachable act of treason. She clearly is not fit to be a judge.
Then Judge Brosnahan gave as a reason to decrease bail to $500,000 that Melongo had “two passports”, Haitian and Cameroonean. This is an unconstitutional and not legally authorized reason to set high bail. Bail is meant to ensure that a person comes to court, not that a person cannot get out of jail. It must be reasonable according to the United States Supreme Court in their interpretation of the bail clause in the United States Constitution Eighth Amendment which bars excessive bail. See: Stack v. Boyle, 342 U.S. 1 (1951) The States Attorney claimed that two passports means that there is a probability that Melongo is an illegal alien. She is a legal resident of Illinois with a visa. Judge Brosnahan bought this fraudulent speculation in an act of judicial misconduct.
Again, Judge Brosnahan has intentionally and knowingly violated the Illinois and U.S. Constitutions. This is another impeachable act of treason. She clearly is not fit to be a judge.
On May 5, 2010 when attorney J. Nicolas Albukerk argued for reduction to an I-Bond again or a reasonably low bail, Judge Brosnahan reduced the bail on the computer tampering charge to $300,000, again grossly excessive and again it will ensure that Melongo remains in jail for the next half year until she is brought to trial.
Again, Judge Brosnahan has intentionally and willingly violated the Constitution, which is an impeachable act of treason. She clearly is not fit to be a judge.
In April and again now on May 5, 2010 Attorney Albukerk moved for the court to declare Melongo indigent and pay his attorney fees. Brosnahan entered and continued the motion in April and has continued the motion again yesterday. She says her reason in doing so is that although Melongo is legally indigent because this reporter has written on the Internet about this story and stated that her supporters are trying to raise funds with a plea for donations, that this plea for donations is evidence that she can pay for an attorney. This is perhaps Brosnahan’s most egregious impeachable act of treason to day.
Judge Brosnahan has trashed the Constitution and is displaying to the world the incompetence of Cook County Judges, and now can be said to be aiding and abetting the gross and unconstitutional harassment of a federal witness, Melongo, which is a federal felony, as well as is committing intentionally and willingly felony violation of Melongo’s constitutional rights in retaliating against her for this writer’s publications on Examiner.com.
This is an astonishing penalty on the exercise of my constitutional rights. Every journalist in this country should be outraged and should rally to help Ms. Melongo. Brosnahan has crossed over the line in trashing the Constitution so blatantly. For a judge to ignore the basic constitutional law as to freedom of the press, due process, excessive bail, probable cause, right to counsel despite indigency is beyond the pale and calls for swift and aggressive action to remove her from the court as incompetent and dangerous to the administration of justice.
The 1st Amendment has been violated in giving an illegal penalty on the exercise of my right to freedom of the press. The 5th and 14th Amendments have been violated in arrested and holding Melongo for trial without probable cause.