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Cook County, IL courts destroy whistle blower with false felony conviction for bumping officer with wheelchair violating ADA

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LINDA SHELTON alleges her conviction for felony battery of an officer in 2007 (“bumping and officer with her wheelchair”), Cook County Court case 05 CR 12718, was wrongful, violating precedent and the Americans with Disabilities Act (“ADA”), and that the incident causing the conviction occurred while she was wrongfully jailed on a conviction for contempt which LINDA alleges occurred as follows:  Judge Pantle claimed illegally that stating the Court was illegally holding her for trial and arguing such was contempt, in a Medicaid Fraud case against LINDA, case number 04 CR 17571, where LINDA was eventually found NOT GUILTY by a jury. See proof of lack of jurisdiction and lack of contempt – endnote [1]. NOTE: this case law makes the contempt conviction wrongful: The U.S. Supreme Court has previously ruled that a vigorous defense is not a reason to hold a person in contempt: Sacher v United States, 343 U.S.1 (1952)

 

While illegal jailed for contempt, LINDA testified that she was attacked by Sgt. Salemi in retaliation for prevailing in a suit for injunction against the Sheriff, case number 04 CH 15787, four weeks prior to incident of alleged battery date of 5/16/05, that Salemi falsified his records and said she attacked him, and then Salemi committed perjury at trial in 05 CR 12718. LINDA sued Cook County Sheriff Sheehan in 04 CH 15787 because he under a Freedom of Information Act (“FOIA”) request failed to give her the ADA compliance plan for courthouses that the Sheriff was required to maintain. On winning this complaint for injunction, Cook County State’s Attorney Richard Devine, representing Sheriff Sheahan, was forced to admit that he did not have a compliance plan and had been in violation of federal law for more than a decade.

 

Sgt. Anthony Salemi, on May 16, 2005,while LINDA was severely dehydrated and weak, due to a dry hunger strike protest – for not allowing her to phone her father, DR. LORINCZ, and arrange for his care,  in a broken and hard to push wheelchair, sent away a female unit guard and entered LINDA’s cell alone (against CCDOC policy), [and in an act suggesting retaliation for the court case where four (4) weeks before this incident LINDA prevailed in a suit for injunction against Cook County Sheriff Sheahan for violation of the FOIA in regards to releasing information about the court’s ADA compliance plan –they didn’t want to release it because they were in violation of federal ADA law in not having a plan for courthouses- CCCC case # 04 CH 15787], stating “I’m going to make a case so you don’t get out.” Salemi then grabbed LINDA by the neck and attacked her, stumbling and skinning his mid-shin (a vertical superficial abrasion on both shins) because the wheelchair lurched backwards with the force of him lunging at her and grabbing her neck, causing him to slide downward against the wheelchair footrests.

 

Salemi then ripped the wheelchair out from under LINDA while he flipped her onto the floor and attacked her, injuring her as documented in trial transcript of stipulated testimony of a nurse causing huge contusions between and on the back of her thighs and contusions, due to posts for armrests which were missing and on her knee and toes which were caught in the wheelchair footrests.

 

This traumatized LINDA so much, thinking he would kill or rape her, that she developed post-traumatic-stress disorder (“PTSD”), which plagues her to this day, particularly because it rekindled flashbacks (severe frequent nightmares and daytime dreamlike states where she is briefly out of touch with reality) of LINDA’s brother assaulting and terrorizing her repeatedly, when she was 12 yrs. old.

 

Salemi then falsified his records and said while he was staring at LINDA, from a dead stop in the middle of the cell a few feet away from him, LINDA accelerated the wheelchair using her congenitally weak arms and the broken wheelchair, caught him “off guard”[really!!] and “bounced the wheelchair against him” – (inconsistent with his injury of a vertical superficial abrasion at middle of his shins – such an act would have caused a horizontal bruise from the wheelchair footrestsdespite the fact LINDA’s physicians (a cardiologist and neurologist), the only physician witnesses said this was impossible due to LINDA’s weakness and neurological disorder – partially paralyzed right side.

 

A Brady violation occurred as since the secure jail and its staff had possession of the broken wheelchair which they called a weapon and did not preserve it upon a timely request from LINDA, it was not available for trial to prove it was broken and could not be accelerated fast enough to injure Salemi. As it was in the jail, it was insincere for the State to claim they did not control it.

 

In incident report Salemi said LINDA was at the door and pushed her way out and then kicked him with her Right leg in the chest (despite the fact her right leg is impaired and partially paralyzed), but he testified that LINDA, after he entered her cell, raised both legs up and kicked him in the chest (again the neurologist testified this was physically impossible for LINDA to do from a wheelchair due to a long standing spinal cord injury (congenital and acquired).

 

Also, how could she bump him starting from a dead stop a few feet away with weak arms? He claimed no injury from this “kick”, but said he was thrown against the cell door, which her had testified three times was open, thus derailing his testimony and making it unbelievable.

 

SHELTON’S PHYSICIANS, DRS. BRILLER AND VERN, TESTIFIED THAT THIS WAS IMPOSSIBLE DUE TO HER WEAKNESS AND NEUROLOGICAL DISORDER, even without the wheelchair being broken (tread missing from right wheel so metal hitting floor tending to just make wheelchair wheel spin with no traction). THIS TESTIMONY WAS UNREBUTTED BY A PHYSICIAN – SO ACCORDING TO CASE LAW THE COURT WAS REQUIRED TO FIND SHELTON NOT-GUILTY AS COMPETENT MEDICAL EVIDENCE CANNOT BE IGNORED BY THE COURT OR REFUTED BY NONMEDICAL TESTIMONY. In Interest of Ashley K., 212 Ill.App.3d 849, 156 Ill.Dec.925, 571 N.E.2d 905, 930 (Ill. App. 1st Dist.. 1991) Obviously, the Illinois Appellate Court, therefore ignored the law in upholding the conviction, as the State provided no medical expert testimony refuting LINDA’s doctor’s testimony.

 

The Trial Court erroneously refused to allow defense counsel to ask questions about the incident report or present the incident report to the jury to impeach Salemi. Ineffective defense counsel failed to enter incident report as an offer of proof. Defense counsel failed to call to the witness stand key witnesses that could testify that the wheelchair was broken and LINDA was unable to move it with force, or that LINDA had several severe asthma attacks just prior to the incident or that the medical staff had illegally drugged LINDA against her will hours before the alleged incident rendering LINDA even weaker, more uncoordinated and somewhat confused and disinhibited, as well as failed to enter this information as an offer of proof. This was ineffective assistance of counsel and not mere trial strategy.

 

LINDA was illegally convicted of felony battery to an officer due to this perjury, insufficient assistance of counsel, prosecutorial misconduct, and judicial errors that did not allow LINDA to present all evidence and witnesses.

 

You can read LINDA’s appeal on line at: https://cookcountyjudges.files.wordpress.com/2014/08/appeal-brief-for-publication-6-10-09.doc . The evidence, Salemi’s incident report and ER report describing his injuries, which is inconsistent and contrary to his testimony, making his testimony or his incident report false or perjured, is attached (Exhibit ), and you can read the Illinois Appellate Court opinion proving that the Appellate Court made an outrageous, malicious, unlawful order affirming conviction based on false statements about contempt cases, which were not on the record and ignoring case law and facts presented by Shelton  on the record. You can read the opinion on line at:  https://cookcountyjudges.files.wordpress.com/2014/08/decision-affirmed-5-14-2010.pdf

 

[1] LINDA can now prove that Judge Pantle had no jurisdiction in the Medicaid Fraud case, for which she was found NOT GUILTY. After a FOIA request by LINDA in 2006 that was never answered by the State in violation of the FOIA and felony discovery rules, but was answered by the US-DHHS in May 2010, LINDA received proof from US-DHHS that the prosecutor, AG Madigan, did not have jurisdiction and therefore the court did not have jurisdiction.

 

These documents were received May 2010 regarding 2006 FOIA request for re-certification and funding application to US-DHHS from IL Medicaid Fraud Control Unit (“MFCU”). They were finally received due to executive order from President Obama that agencies must answer FOIA requests, which overturned President Bush’s previous order.

 

The proof is the MFCU application where the State in a sworn statement Illinois State Police Director on behalf of the State Police and IL Attorney General Staff assigned to the State Police in the MFCU, says that IL is one of six states where the State Attorney General has no authority or jurisdiction to prosecute Medicaid fraud and they claim they turn all such prosecution over to the US Attorney.

Yet the IL AG illegally violated what they swore to, thus fraudulently obtaining millions from US-DHHS for such prosecutions, and indicted LINDA in State court for Medicaid fraud and two other legitimate mental health providers in other medical/psychiatric group practices who also were whistle blowers with evidence against corrupt friends of Lisa Madigan. The documents proving all this are available for anyone to see – please contact LINDA. The convictions of the two other persons should therefore be overturned.

 

LINDA was a federal witness against Orlando Jones, Godson of Cook County Board Chairman, John Stroger Sr., who had appointed him to be CEO of the new Provident Hospital when it opened and LINDA was the senior pediatrician in a contract group hired by the County to open the pediatric department at Provident Hospital. Jones was indicted by the U.S. Attorney due to fraud and bribery, but committed suicide before trial. LINDA had witnessed these crimes. LINDA had presented this evidence to the FBI in Chicago and Special Agent Matt Kern had interviewed her at FBI headquarters in Chicago prior to indicting Orlando Jones. LINDA did  not have to testify against Jones, as he committed suicide, on the beach near Mayor Daley’s summer home.

 

 

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