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

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

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

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

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

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

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

 

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