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Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute

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

My case is a conviction for aggravated battery of a correctional officer. In fact, I had been assaulted and battered by Cook County Department of Corrections Sergeant Anthony Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against Plaintiff falsely alleging I attacked him, in retaliation for me complaining about the Cook County Department of Corrections violating my civil rights. (Denying Constitutional and statutory rights to medical care, access to courts, free brief phone call to family and attorney)
 
I was in jail for a 30 day sentence for criminal contempt because I told Judge Kathleen Pantle that she was violating the law in the pending fraudulent case involving a fraudulent charge of Medicaid vendor fraud (trial scheduled for February 17, 2009  rm 207 criminal court building 26th and California – all are invited) and had no jurisdiction and then said I was leaving to preserve the issue for appeal and she found me in contempt when I turned around and attempted to leave the courtroom quietly.
 
Sgt. Salemi stated that when he entered my cell, after sending away the female unit officer (in violation of rules that male officers may not enter female cells alone except in emergency), 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 a 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 (protesting denial of access to courts and denial of medical care), 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. The state had no expert witnesses or physician witnesses.
Sgt. Salemi lunged in, grabbed  my neck choking me, then flung me out of the wheel chair while pulling the wheelchair from under me causing large contusions to the back and inner thighs (3 X 5 and 4 X 6 inches) as well as bruises on my arm in the form of his fingers, contused knee upon which I landed, and a severely contused toe that got caught in the wheelchair. All of this was documented and the jury ignored it.
 
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. 
 
At CCDOC and IDOC 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 was NOT documented in records at IDOC), 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 Plaintiff’s reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to me.
 
The habeas petition contains all the details of the perjured testimony by Sgt. Salemi and other Sheriff officers as well as the proof of my innocence and their falsification of records. My habeas petition contains all pertinent references to the transcripts and record on appeal and all issues on appeal. 
http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009 
The Illinois Appellate Court 1st District has now four times denied my motions to compel the court reporters to prepare a free set of transcripts and file them with the court so that my appeal can move forward. The court reporters have refused this direct order of both the trial court and appellate courts. Judge Sheila O’Brien denied another such motion on 2-5-09. This is unconstitutional and a violation of her oath of office that amounts to felony theft of honest services and conspiracy to violate my civil rights under color of law.
Judge O’Brien is OBLIGATED by U.S. Supreme Court previous rulings (stare decisis) to ensure that I am NOT prevented from filing transcripts for my appeal. Failure to enforce her court’s and the trial courts orders is a dereliction of duty and her oath of office that amounts to the federal crime of theft of honest services.  It also is a deliberate attempt to impede my appeal which is a Constitutional right. This amounts to the federal felony crime of violation of civil rights under color of law and conspiracy to violate civil rights under color of law.
Judge O’Brien has brought the court into disrepute because of her incompetent, and/or purposeful, and/or malicious in violation of the Constitution’s mandate that convicted persons have a right to an appeal. She should be impeached.
Federal Judge Coar agrees with this in general because he has ruled that the actions of the Illinois Appellate Court amount to a State willful waiver of their right to insist that I exhaust state remedies (appeals) before proceeding with a Federal Petition for Writ of Habeas Corpus to overturn this wrongful conviction based on actual innocence, as well as grotesque prosecutorial and judicial misconduct.
Please consider assisting me with donations to my legal fund and showing up for trial on 2-17-09 on the last charge I am defending. Judges tend to follow the law more and make less unconstitutional rulings when they have an audience. That is why I promote the concept of court watchers. Juries tend to have less bias against the Defendant when they see family and others showing the defendant support by filling the gallery.
Unfortunately my family is small, ill, and distant and no one can come to court. Any support in any fashion in my legal, political, and personal health struggles is appreciated.
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6 Responses

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  1. Both my parents, Walter Babich (75) shot twice in the abdomin and Dorothy Babich (75) stabbed (63) times, had been slaughtered by my , then, Lyons, Ill. Police Chief/ brother, Chief Daniel Babich. FYI: jonbenetstruecasehistory.com / SHATTERED SHIELDS / Babich Homicides. The last (2) Ill. Gov.’s knew about this double murder and did nothing. These two Gov.s are now in jail for corruption. PLEASE look into this matter. I am M’Linda Kula aka Linda Kula, second born to Dorothy Babich. / 107 Standish Place, Bayville, NJ. 08721 / 1-732-608-6750 Thank you.

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    M'Linda D. Kula

    February 23, 2012 at 12:27 pm

  2. Please help me. If you don’t help me, for all time to come, my beloved father will be known as the murderer of my mother and best friend. It was my youngest brother, then Chief Daniel Babich of the Lyons, Ill. Police Dept. who slaughtered both my parents. I could not believe the number of politicians and police who risked jail by covering- up for this murderer!

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    M'Linda D. Kula

    February 23, 2012 at 12:35 pm

  3. I wish I could help you, but other than looking things up on the Internet and linking to other stories on the Internet, there is nothing I an do. I have no way of investigating or verifying if anything you or anyone else says about this case is true or false.

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    Linda Shelton

    February 23, 2012 at 12:57 pm

  4. GOD Bless you Ms. Shelton for your time. I cannot begin to give you the long list of politicians and people of law who have said, ” You can’t imagine the number of people who are protecting your brother. The list includes a few gov’s as well”! This comment came from an Ill. FBI duty agent. I will reach out to Mr. Patrick Fitzgerald with the U.S.Attorney’s Office next. I hope he will investigate this double murder. Thank you again dear lady.

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    M'Linda D. Kula

    February 24, 2012 at 9:17 pm

  5. The Lyons, Ill. EX-Police Chief, Daniel Babich DID stab his mother, Dorothy Babich (63) times. He also shot his father, Walter Babich Sr. TWICE in the abdomen with a full barrel shotgun. * Daniel Babich removed his father’s entire gun collection from his parent’s home. He placed the gun collection in the trunk of his police vehicle. He told his mother and sister that he was moving the gun collection to his own home. He has two young children. He was going to LOCK UP the collection along with his own weapons, so that the children would not be harmed by an accident. Months later, TWO of the shotguns in the collection had found their way BACK to McCook, Ill. They had been found at the crime scene of a DOUBLE MURDER during the THEFT of 10 valuable rings belonging to Dorothy Babich, (7) coin collections (one for each of the seven children) and (5) envelopes containing large sums of cash. The FBI should have investigated this double murder because it took place during a break-in / theft of valuables which resulted in murders of the resident. * HOW did the guns get from Daniel Babich’s home, under lock & key— to his parent’s home? The new owner of the gun collection was DANIEL Babich. The person who had custody and control of the gun collection, PRIOR to the DOUBLE MURDERS of Mr. & Mrs. Walter Babich was DANIEL Babich. The ONLY person who could have murdered the 75 year old PARENTS— Ex-Lyons, Ill. Police Chief Daniel Babich. *The day after the Babich parent’s bodies had been removed from their home, Daniel called his sister. He told her that mon was stabbed (63) times and dad was shot TWICE. That sister called the Medical Examiner and asked if it was true that mom was stabbed (63) times and dad was shot TWICE? She asked, “Who told you that your mother was stabbed (63) times and that your father was shot TWICE? WHEN did you find out about HOW they died?” The sister said, “My brother, Daniel called my home at (9:00am. and gave me the information!” The medical examiner pulled the files and returned to the phone. She said, “You should remember that you had been told facts about your parents murder that even I didn’t know until well after 9:20 am. that same morning! ONLY the MURDERER WOULD KNOW HOW MANY TIMES HE STABBED YOUR MOTHER & HOW MANY TIMES YOUR FATHER WAS SHOT!” The medical examiner kept Walter Babich’s file open an extra 6 weeks because the crime scene photos did NOT match up to what she was told by the police. The medical examiner received a call from the McCook, Ill. Ex-police chief Wolfe. He ordered her to close the case. He told her he would prefer she find it to be a murder-suicide. NOW — TWO police dept’s COVERED UP THE DOUBLE MURDER OF WALTER BABICH SR. AND HIS WIFE-DOROTHY, BY THEIR OWN SON, then, Lyons, Ill. Police Chief Daniel Babich. * For ALL those people who think this is a false tale—GO TO—www. jonbenetstruecasehistory.com / SHATTERED SHIELDS / Babich Homicides, tab. If you still think Daniel is NOT the MURDERER, go back and read the above site AGAIN.

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  6. Why the Illinois machine keeps the corruption gears rotating this way on this case, instead of allowing Walter Babich be known for 1) trying to save his wife & 2) forever loving his wife Dorothy….is beyond comprehension. Whats in it for you? Less paperwork? No prying eyes of internal affairs or FBI? No ‘bad reflection’ on your department…..guess again. Your commiseration in aiding and abetting in this heinous crime is duly noted and exponentially reaching everyone in the World Wide Web! Hows the Bad Reflection looking now??????

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    voklst

    September 15, 2016 at 10:27 pm


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