Cook County Courts Violate ADA, Still use Excessive Bail & Deny Right to Present Defense

Dr. Linda Shelton a whistle-blower against corrupt Cook County Court Judges, Corrupt and Malicious Sheriff Staff, and Incompetent Corrupt Cook County Assistant State’s Attorneys has been under relentless false charges in retaliation for whistle blowing.

UPDATE: OCT 7, 2020 After defaming Shelton with a false statement  to the court – and a new judge as Judge Cannon has retired, a new senior prosecutor requested that the case be dismissed and it was.  She lied so that the State’s Attorney seems right & this makes it more difficult to sue for false arrest and malicious prosecution.  The use of a nolle prosequi order is not an admission of innocence by the State’s Attorney, just a decision not to prosecute.  It is used instead of a straight dismissal so that the State has a plausible argument that the defendant was guilty and makes it difficult to sue the State or the complainant. This is plain corruption, but nice to have the case dismissed.

NOTE: Courts closed due to Coronavirus until after July 3 & my next court date has been set at July 21, 2600 S. California, Chicago, courtroom 506 – after 10AM. Come to court  and show support –  offer to accompany Shelton or serve as her disability assistant to help if she passes out or suffers a PTSD flashback, plus help her handle papers and take notes.

Sheriff Staff including Assistant Chief Nolan have ordered deputies to harass Shelton and made dozens of false charges against her over 20 years. Read the evidence here. It contains a 55 page Illinois Supreme Court filing and a couple of dozen pages of evidence. If you want all 2000 pages of evidence proving extreme systemic corruption in Cook County Courts, with judges, prosecutors, and Sheriff staff contact with and provide an email – picepil@aol.com

Shelton requests the public to show up in court and stand-up against the above injustices. Help those who help you!

Here is her recent plea to the Illinois Supreme Court to stop these injustices including:

1. Excessive bail of $300,000 now for a case pending for seven years – charged with felony battery of an officer for alleged to have “touched an officer’s ear” without injury during a PTSD flashback, purpose triggered by Sheriff Deputies and when Deputies pushed disabled Shelton who has serious neurologic disease including tremors and spasticity that cause her to reach out and grab anything when she loses balance. Possible sentence 3-14 years.
2. Violation of Americans with Disability Act in numerous ways described in Shelton’s pleading.
3. Violation of right to compulsory process and to present a defense. – Judge Cannon has quashed ALL of Shelton’s defense subpoenas needed to prove she has disabilities and that the Sheriff Staff were told not to trigger PTSD flashbacks – the Judge has ruled Shelton cannot use this as a defense.

Shelton’s defenses include:

1. no probable cause, along the line of cases leading to the United States Supreme Court’s Ruling in Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and its related consent decree in underlying District Court case, that when the state violation of the ADA causes a defendant to commit an offense, then this illegal act by the state does not allow the defendant to be charged (due to due process, equal protection, and other constitutional and affirmative defenses including entrapment, outrageous government conduct, etc.),
2. no probable cause as shown by no intent possible, a necessary element of the offense, as the state was informed that Shelton was “misperceiving ongoing events” and therefore unable to form conscious intent to commit the offense; state players, i.e. Sheriff Courtroom Deputies, knowing that Shelton swings her arms around her head during a flashback (as informed by the CDC and witnesses to flashbacks and having previously witnesses a flashback) misused this information to trigger a flashback and make sure that officers were in proximity so they would be unknowingly touched by Shelton – the state knowingly caused the offense,
3. entrapment as the actions of the officers appear to have been willful and planned, knowing that Shelton does not have a propensity to attack anyone, knowing that certain actions trigger PTSD flashbacks which put Shelton in a mental state where she relives a previous attack and believes she is suffering blows from an officer, knowing that she loses balance easily and will reach out to steady herself – presumably caused Shelton to reach out to steady herself as well as swing her arms around her head trying to fend off not present, but “perceived blows” as a result of PTSD flashback,
4. outrageous government conduct or the due process defense, as the state induced this offense, knowing Shelton was incapable of forming intent during a flashback and by misusing HIPAA protected information (the description of triggers for the flashbacks), caused a situation that shocks the conscience, and
5. altered mental state at the time of the offense or amnesia for the time around the offense, similar to the recent holding in People v. Stahl, 2014 IL 115804, which means that Shelton is legally unfit for trial as she cannot assist defense counsel in describing what happened at the time of the offense.

These are some of the ways that Shelton has helped the public:

Shelton has testified against the State of Illinois numerous times or provided copious evidence of incompetence or corruption of state officials and court players to the FBI and U.S. Attorney, as well as advocated for litigants abused by the State, for 20 years including, but not exclusively partially as follow:

1. Against DCFS’ (Illinois child protection) abuse of parents, in class action case Dupuy v. Samuels, 397 F. 3d 493 (7^th 2005);
2. Evidence against Cook County Jail including 30 affidavits from abused detainees that Shelton handed to Assistant U.S. Attorney Joan Laser, regarding Sheriff/Jail systemic civil rights violations and sadistic/illegal/malpractice behavior of Director of Psychiatry at Cook County Jail, resulting in firing of the Director of Psychiatry as well as a 98 page scathing letter to the Cook County Board and Sheriff, dated July 11, 2008 – which eventually resulted in a consent decree (AUSA Laser through now Magistrate Judge Albukerk thanked Shelton for this evidence).
3. Against Orlando Jones – appointed CEO of Provident Hospital when Shelton served as Chief of the Pediatric Service hired to re-open the Pediatric Dept., the right hand man for corrupt acts on behalf of Cook County Board President John Stronger Sr., – no further actions were taken by federal law enforcement as Mr. Jones committed suicide on a beach near Mayor Daley’s beach home before he could be indicted. Shelton had opened the pediatric department at Provident Hospital of Cook County and had witnessed the criminal acts of CEO Jones, appointed by Stroger, at the time – Shelton turned over her evidence to the FBI.
4. Against DCFS in a child abuse administrative appeal for a dyslexic mother who was falsely accused of child abuse and had been viciously abused by DCFS, CH case. Shelton served as CH’s “authorized representative” before an administrative law judge on appeal and won the case (SCR # 0852876-A, KT #2001-E-01227, AHU # 52-1516).
5. Against the Cook County Sheriff for failure to provide a courthouse ADA compliance plan under FOIA, and then for failing to even have a plan, a violation of federal law. (Case 04 CH 15787)

Pervasive incompetence, corruption, & injustice in Cook County IL courts

Linda Shelton

 

July 9, 2018

U.S. Department of Justice

Civil Rights Division, Disability Division, & Public Corruption Division

950 Pennsylvania Avenue, NW

Disability Rights – NYAV

Washington, D.C. 20530

REGARDING: Systemic violation of due process rights in Cook County Courts, including ADA rights, habeas rights, right to reasonable bail, right to compulsory process, right to present a defense, as well as abuse of disabled detainees by Judges and Cook County Sheriff Staff.

NOTE: Please refer to evidence on enclosed CDs

To Whom It May Concern:

I am writing this in regards to numerous persons mentioned in this document, including myself, as well as numerous unmentioned persons. The enclosed motions, petitions, complaints are just the tip of the iceberg. They include individual complaints as well as complaints concerning classes of litigants and defendants who are abused by the courts in Cook County and Illinois, not just me, but many others in our loosely associated group of citizens who are victims of court corruption (some of this evidence is not in this letter or attachments, but the people I name here have it – as well as many have already given info to the FBI or U.S. Attorney).

These issues include those who are victims of mortgage fraud, those falsely alleged to be unfit for trial and sent to secure mental health facilities without any due process whatsoever, those who are parents falsely alleged to be unfit to parent individually and forced to pay child support, without due process, out of their Social Security Disability income, or those elderly adults who are improperly placed under guardianship so that they are removed from their homes and property and their property sold, without due process, and someone else decides their property and care issues to their detriment , excluding relatives who have done nothing wrong– essentially court sanctioned theft of estates by often un-needed court appointed child representatives, counselors, and guardians. If the Bill of Rights means anything, you will carefully review the enclosed and interview everyone mentioned in this document.

Checking your internal FBI database you will see they have FALSELY defamed me using a history of false arrests and lies about my mental health to prevent FBI intake workers from taking me seriously. This is NOT a joke; I am NOT mentally ill contrary to the rumors and false statements made by the Cook County Sheriff, improperly influencing the U.S. Marshals and federal judges– see attached psychiatry reports from top U.S. forensic psychiatrists; this documentary evidence proves what I say and the CD contains medical and psychiatric records proving the rumors about me are FALSE. Do not believe the sensational hearsay you have about me that is being used to defame me and cover-up what I can prove – this defamation is meant to discredit me so you do not review these documents! – As well as meant to be retaliation against me complaining about conditions at the Cook County Jail and judicial corruption – see the many complaints I have already made to your office. You need to investigate and take down the corrupt officers, attorneys, and judges in Cook County, as well as severely reprimand certain U.S. Marshals as well as investigate several federal judges. This is much larger than simply “Greylord 2”.

As you know, since I worked for Orlando Jones (Cook County Board President Stroger Sr’s Godson and major actor in corruption, when our contract group opened Provident Hospital of Cook County, which the FBI raided and confiscated documents), before he committed suicide and therefore, you could not indict him, as well as due to the evidence I gave to AUSA Joan Laser regarding violation of civil and disability rights by Sheriff Staff, I am well informed about Cook County and Illinois government corruption. In addition, over the last many years I have discovered, through insiders in the Cook County Courts, the Court Clerk’s Office, and the Chicago Department of Health, about a lot more corruption.

I document, with evidence on enclosed CD and on enclosed documents, such extensive ignorance/ incompetence and/or corruption of judges, officers, the Illinois Attorney General’s office, Cook County States Attorneys, and Public Defenders in the Cook County court system, of administrators and attorneys at Elgin Mental Health Center and the Illinois Department of Healthcare and Family Services, as to make the court system in Illinois, particularly Cook County, either so full of patronage and corruption or a criminal enterprise that on a pervasive, institutionalized basis denies civil, constitutional, and statutory rights of litigants and defendants, in many cases for monetary gain or even just for prestige.

For example:

1. The ADA is ignored and violated on a systemic basis by Cook County Court Chief Judge, Cook County Court judges, and the Cook County Court Disability Coordinator. The Court Disability accommodation system operates in violation of recommendations of Justice Stephens in his opinion in Lane v. Tennessee (2004). Several people have suffered exacerbation of medical problems and in one case a stroke, when the courts have ignored ADA accommodation requests.
2. Excessive unconstitutional bail is set by Cook County judges for indigent persons, in violation of Illinois’s bail statute, 725 ILCS 5/110-1, et seq. (“the Statute”), which require courts to set a monetary bail for pretrial arrestees unless there is a meaningful inquiry into the person’s ability to pay and in amounts in excess of what the person is able to pay. Plaintiffs and the Plaintiff classes in Cook County Court class action case number 16CH13587complain that this practice violates their rights under the Equal Protection and Due Process Clauses of the United States and Illinois Constitutions, U.S. Const., amend. XIV, Ill. Const.1970, art. I, § 2, and under the Excessive Bail and Sufficient Sureties Clauses of the United States and Illinois Constitutions respectively, U.S. Const., amend VIII, Ill. Const. 1970, art. I, § 9. Steps have begun to make bond court come into compliance-though not very effective. YET, States Attorney Foxx is refusing to review the excessive bail already set for those out on bail or even discuss the matter– despite her claims she has fixed this problem. See Motion to Reduce Bail attached.
3. I clearly document de facto suspension of the right to petition for writ of habeas corpus in Cook County – a violation of the Suspension Clause and Illinois Statute, 735 ILCS Article X (see 9 habeas petitions that have never been heard, – even Chief Judge Evans is refusing to remedy this issue);
4. I clearly document bribery of Judge Riley by attorneys, so as the control of a $2 million Illinois estate was stolen by a mentally ill person living in New Jersey and converted to attorney fees under the influence of a corrupt law firm in Illinois, Peck Bloom, LLC and their accomplices including attorney Aaron Gole (this appears to be a systemic problem as due process is denied in many cases I have heard about so that estates can be stolen by conversion to widely excessive and unnecessary attorney fees) see case 10 P 6117 and the evidence of huge payment to judicial campaign committees (10% of the total campaign contributions other than from the candidate loaning his campaign money) that appear to be bribes as the judge at the time he received them ignored testimony and proof of bribery, forgery, and fraud upon the court;
5. I clearly document a policy of denial of the right to a jury in criminal cases involving fitness, thus loss of liberty without due process, as well as denial of the right to compulsory process, the right to an attorney, as well as the right for the litigant to testify (THIS IS SYSTEMIC AND INVOLVES MOST OF THOSE COMMITTED TO ILLINOIS STATE SECURE MENTAL HEALTH FACILITIES FOR A “FINDING” OF UNFITNESS FOR TRIAL – Illinois Statute and case law require that defendants, who ask for a jury, receive a jury trial that can only be waived by the defendant and not the defendant’s attorney – See on CD Memorandum of Law – Fitness for case law and statutes);
6. I clearly document that the courts are denying discovery of critical evidence with statements by fiat that the evidence is not relevant to the case, essentially barring legitimate defenses at trial (see case 12 CR 22504 documentation, including federal habeas petition and exhibits on CD – NOTE: this federal judge denied a federal habeas petition stating the litigant did not exhaust state remedies, DESPITE THE FACT that the IL Supreme Court denied a habeas petition in the case);
7. I clearly document the oppressive fees charged to pay court appointed attorneys, child representatives, and psychologic evaluations, in divorce cases, as well as the federal felony funding fraud by the Illinois Department of Family and Human Services, Child Support Division, who receive money to help receive evidence to calculate child support obligations, but refuse to do this important service.
8. I clearly document that the corruption is so extreme that it can be said that probate cases, divorce cases, and some criminal cases are being heard without a due process trial – even though this is hard to believe (witnesses stricken, important pretrial motions such as to obtain a HIPAA protective order stricken, and thus evidence barred, litigants illegally sanctioned and not allowed to file motions and memoranda of law or offers of proof – so as to prevent them preserving the record, indigent persons denied preservation of the record for appeal as there are no court reporters provided in Cook County in civil cases – thus denial of access to appeals, as w ell as the Court Clerk losing parts of court files).

Unbelievable as it may seem:

1. I have even been forced to have the sentencing phase of a wrongful contempt charge held in the lock-up visiting room in a courthouse, thus denying viewing by the public or even friends in violation of the Sixth Amendment right to a public trial– the judge eventually came to his senses and had the conviction and allegation “purged”, but ignored motion that purge was not appropriate term and it should be corrected to say stricken (Cook County Circuit Court case no. 11 MC1 6000086-01),
2. I have been unconstitutionally, in violation of the Suspension Clause and U.S. Supreme Court holdings[1], in violation of many Illinois statutes, sentenced to 16 months for contempt without a trial, been denied statutory good time jail sentence credits, by a judge, without legal authority to do so, who should have recused himself for the contempt trial (on 3 cases, which legally were three charges in one case per 720 ILCS 5/3-3, with the fraudulent allegation by Judge McHale that I violated law [legal act] by filing next-friend habeas petitions[2], Cook County cases nos. 10 HC 00006 & 10 HC 00007, as a NON-attorney and verbally defended my right to do so by telling the judge he was committing a criminal act (See FN 1 and transcripts on CD from 2010) – Cook County Case nos. ACC100083-01, ACC 100093-01, and ACC 100094-01);
3. I have been fraudulently declared unfit with the state psychiatrist testifying later I was never unfit (although this was later changed to fit) in sham “trials” without any due process of law and sent to a secure mental health facility, which was not the least restrictive situation as required by law, denying me bail for the purpose of the fitness hearing IN VIOLATION OF STATE LAW, WITHOUT ANY testimony that I was unfit by any professional or person except the judge, denying my statutory right to be present for the fitness trial and to testify, and denied notice of the fitness trial. This was a PERVASIVE, GROSS VIOLATION OF STATUTE BY THE JUDGE, not even objected to by the State’s Attorney and Public Defender (thus they were both either so ignorant of law or so criminally malicious as to ignore their oath of office to uphold the law and report violations of it to the Judicial Inquiry Board and prosecuting federal authorities) – appointed over my objection again in violation of statute (See “Memorandum of Law – Fitness”, on CD, for case law and statutory authority supporting my statement & transcripts on CD),
4. I have been denied accommodations for my disabilities including several judges refusing to hear motions for accommodations, refusing to read any medical documents I produce or discuss in detail my need for accommodations, and refusing to sign orders for accommodations in violation of the ADA, as well as refusing to sign orders for a HIPAA protective order, quashing my subpoenas involving the court disability coordinator, so as to prevent me from finding out the names of witness Sheriff Staff she informed about disability accommodations, also as required by federal HIPAA law, thus impeding my defense and in fact prohibiting my defense in violation of law. Read transcripts in 12 CR 22504 on CD – contact me and I will point out the sentences. (See Memoranda of Law – Right to Present a Defense, as well as the motion for HIPAA Protective Order and for Accommodations for Disabilities on CD, as well as court transcripts documenting court orders refusing to hear these motions or refusing to grant HIPAA protective order), and
5. I have been repeatedly beaten , medically neglected by the guards, medical staff, and nutritional staff at the jail – DESPITE US Attorney’s 2007-8 investigations, findings, and agreements – including my pony tail grabbed and used to bang my head against a wall, my hands handcuffed to a bench and not allowed to use the bathroom so that I would have to pee on the floor, my chin forcibly pushed to my chest despite extensive cervical spine surgery that reconstructed my spine, a knee placed on my chest during an asthma attack, duct tape put on my mouth during an asthma attack, guards falsely told I have HIV and was a “spitter” so that a hood was put on me-despite difficulty breathing and claustrophobia, my asthma medication withheld, held down and kicked by guards with their boots leaving 4 X 6 “ bruising witnessed by my attorney – J. Nicolas Albukerk, and even transferred to an unlawful imprisonment without my medical records and the guards told to tell the prison that I was faking my medical problems so that when I had trouble breathing they put me on the psych unit and withheld very needed medication for cardiac, pulmonary, neurological, and PTSD disease, nearly 8 hours until the jail doctor contacted the prison and asked why they had not called him about severe unusual medical problems. I have notes about all of this so you can find the names of the guards – the worst were Charles Johnson, Ruby Jackson, and a small black female named Levi, and several un-named supervisors – Sgt. Hernandez told me in confidence that Sgt. Salemi (who committed perjury so I would be wrongfully convicted of felony battery for bumping an officer with my broken wheelchair), only attacks women, but he would not testify for me. Most of this was videotaped since 2008, as the senior supervisors at the Cook Co. Jail ordered that whenever I was moved I would be videotaped to protect them against frivolous suits – note that none of my suits were frivolous, despite District Court judge’s rulings that the cases were dismissed – most on technical details.

Due process is denied as a matter of policy and procedure in Cook County Courts and retaliation against complaints is the norm (no trial or sham trials with one party missing in divorce and probate cases, no hearing of habeas petitions in misdemeanor cases and some felony cases, no witnesses, no notice, evidence suppressed, no HIPAA protective orders, no written accommodations of disabilities by order, etc. – REGARDLESS OF WHAT IS WRITTEN ON PAPER, IN COURT WEB SITES, STATED IN NEWS SOURCES, OR STATED BY COURT REPRESENTATIVES OR JUDGES – LOOK AT WHAT THEY DO NOT WHAT THEY SAY!!)

I strongly encourage you to put together a task force who interviews other similarly situated persons and persons I have assisted as a pro bono paralegal named in this document– (follow the trail of money paid court appointees) including:

(1)DB (declared dangerous to his kids and denied unsupervised visitation based on the fact he was an ex-Marine and was therefore “dangerous” and on hearsay – denied a trial; wife CB is a drug addict and addiction counselor who steals drugs from her patients and from a disabled neighbor whose house she had a key for in case of emergency – he has an affidavit from the neighbor, which was included in his court pleadings – the judge refuses to address the addiction issue on the record), as well as ORDERED TO PAY CHILD SUPPORT DESPITE SERIOUS INJURY AT WORK, causing him to have $0 INCOME FOR A PROLONGED PERIOD AND NO SAVINGS OR ASSETS,

(2) SM who unlawfully lost custody of her boys (her son finally took pictures of his father’s drug stash to blackmail him into letting him live with his mother, without informing the court – the court had illegally without good cause taken away her custody of her children in retaliation for her whistle blowing and advocacy activities against family court corruption),

(3) JG (the court took away his custody without good cause simply because he is ill with a repaired aortic dissection in violation of his ADA rights, denied a continuance when he became ill resulting in a stroke),

(4)KM (the court extorted huge sums of money from her to pay unnecessary fees from court appointed persons – see slide show presented to IL legislative committee on CD),

(5) SP (court illegally ordered large child support amount from Sandra “because she is a doctor” – despite the fact that she took a leave from her residency to raise the kids while her husband finished an anesthesiology residency – so she is not licensed and he is not just licensed as a physician, but is making a huge income – she is now homeless; Sandra has evidence of mortgage fraud by her ex-husband and the court is refusing to consider it and no one is investigating it – court is actually covering it up; she lost custody of kids illegally because now rich ex-husband was able to hire an attorney who snowed and manipulated the court) ,

(6) GB who lost custody of her kids to the really bad father (who helps runs Sexpo Conventions and encourages his daughters to prostitute – per rumor, he has lots of money that he used to obtain a lawyer to fix the case – her kids are seeing her on the sly because the courts won’t let her see them),

(7) CS, and so many others whose names and contact information these persons can give to you to pay outrageous court fees to court appointed unneeded counselors and child representatives ($400-$500 per hr. and sometimes for multiple attorneys at the same time – IL Rep. Lou Lang told me to my face that he will never allow the state to pass a law limiting attorney fees although the state had limited death penalty defense fees to $150 per hr.) who totally disregard the best interest of the children, but do regard the best interest of their wallets in excessive fees and unnecessary prolonging of their services – assisted by donations to judges campaign funds so that their every wish is granted without regard to law. (See slide show on CD “M******* Presentation” – about Cottage Industry corrupting family court and extorting money from families) [NOTE: that the IL House of Representatives is run dictatorially by the Speaker Madigan and a handful of his powerful lieutenants that prevent any bill from reaching the floor without his permission – subverting democracy.]

(8) Non-custodial parents are consistently ordered to pay more child support than allowed by federal law, especially if disabled and receiving social security disability (child support is illegally taken from their social security income or from the children’s college funds)(talk with JG and DB).

(9) With the prosecutor failing to explain why a significant portion of the video tapes were missing, Tiny (5 ft. tall with very tiny hands) grandmother Robin Johnson (who is now very fat in prison due to depression and poor diet, consuming huge quantities of bread and cookies) was wrongfully convicted of wrestling a large gun from an officer (> 6 ft. tall and large), killing him and sentenced to life in prison (during a fugue-like epileptic seizure where the officer grabbed her neck and banged her head against a bus that the court refused to allow her to talk about or present her long-term treating physicians or medical evidence) who was very large and experienced, but HER HAND IS TOO SMALL TO HAVE HANDLED THE GUN, she has no understanding of the working of gun safety switches, and she has no experience or training in self-defense or aggressive physical attack methods that would have allowed her to grab a gun from an officer, remove the safety, and fire it so as to shoot him in the head, while her head was being bashed against a bus by the officer and then she was thrown to the ground by him as testimony verified, in the middle of a fugue like seizure which she had a very long history of suffering from – YOU REALLY NEED TO INVESTIGATE THIS ONE – there is no evidence she held a gun (mysteriously minutes of the videotape are missing) and the gun mysteriously disappeared & reappeared so fingerprints not examined !! –

this was another case of an INNOCENT BLACK PERSON being shot full of holes (Robin was wounded 22 times) by white officers, falsely defamed as an “angry person”, when she’s just an average but very poor nice grandmother – she had 22 bullet wounds (received as she was trying to protect herself by sliding under a car and holding her hands in front of her) and barely survived nearly having an arm amputated – by overzealous officers who likely killed their own officer (I personally examined her hand and asked her non-leading questions about guns – which proved she is extremely naïve and inexperienced and have some experience in forensic pathology about these things as I rotated in forensic pathology as a graduate student for six months and in psychiatry as I was medical director of a psychiatry group practice, in addition to receiving training in psychiatry during my pediatric residency)!

Enclosed is a CD and documents containing a lot of evidence supporting the above statements pertaining to my cases and the case of DB

but this is only the tip of the iceberg.

I have not enclosed evidence concerning most of the other persons mentioned above. Many of them have provided to the Chicago FBI office evidence that appears to be ignored.

Please investigate this information thoroughly.

I am asking under the presentment clause for you

to present as much of this as possible to a grand jury for prosecution.

I believe the information I have sent you and the others I mention have sent you or could provide to you would make this case much bigger than Greylord and if investigated would make a big dent in correcting the corruption in Cook County, by forcing the judges, attorneys, and police to be better educated and supervised, as well as to FOLLOW THE LAW.

If you read my Internet blogs:

https://cookcountyjudges.wordpress.com

http://chicagofbi.wordpress.com,

http://prosechicago.wordpress.com,

http://illinoiscorruption.blogspot.com,

http://cookcountysheriffdeputies.wordpress.com

http://7thcircitcourts.wordpress.com

you will realize that I have no confidence in the FBI or U.S. Attorney in Chicago, who appears to be knowingly covering up the above. I am just writing this letter and sending you this evidence and these complaints to document that you have been fully informed. Should you surprise me and actually investigate, I thank you for your time. Eric Holder pledged to fight government corruption. He clearly has failed to do so. I, along with a dozen of my acquaintances, have been waiting for over eight years to discuss all this personally with high up officials in your office and we and our complaints have been ignored. THE FBI office in Chicago continually refuses to discuss the above with me in detail and refuses to accept my evidence – now several times when I went personally to their office to complain! I complained to the U.S. Marshal inspector general (or similar unit) and was ignored, never receiving a report despite FOIA requests. Why has the Chicago FBI decided to refuse to accept evidence or complaints of federal crimes and misconduct for federal Marshals?

Sincerely,

Linda Shelton

PLEASE contact me directly at picepil@aol.com if you want copies of evidence

Attachment: CDs containing evidence and Numerous documents

Motion to Declare IL Battery Statutes Partially Unconstitutional

Proof Felony Federal Funding Fraud by IL State Police condoned by IL AG Lisa Madigan

[1] A person, including a non-attorney, may file an habeas petition on “behalf of another”. 735 ILCS 5/10-103, 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)

A judge may not order denial of statutory good time jail credits. Jurisdiction for removing Good Time Jail Allowance (credits) lies with the Department of Corrections – or persons appointed by the county sheriff and NOT the court or judge, 730 ILCS 130, 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).

It is forbidden to sentence for more than one count of contempt representing same motive or state of mind during one trial or case. Illinois sentencing statutes require concurrent sentences for the same conduct or acts occurring during the same state of mind in the course of one act or one series of acts – 720 ILCS 5/3-3. You may NOT order separate contempt cases and sentences for each repeated similar act during one trial even on different days or if one hearing is continued over several days. People v Brown, 235 Ill.App.3d 945 (1992)

Sentences exceeding 6 months individually or aggregate for contempt require a jury trial as a constitutional right. You may not sentence a person for contempt several times in one trial and then make the sentences concurrent for more than six months without a trial. A contempt sentence more than six months requires a jury trial. Bloom v. Illinois, 391 U.S. 194 (1968); Duncan v. Louisiana, 391 U.S. 145 (1968); The Court held that in a contempt case it required a jury trial when the trial judge awaits the conclusion of the proceeding and then imposes separate sentences in which the total aggregated more than six months. Codispoti v. Pennsylvania, 418 U.S. 506 (1974); It was held that when the punishment in a criminal contempt case in federal court is more than the sentence for a petty offense, the Court drew the traditional line at six months, a defendant is entitled to trial by jury. Cheff v. Schnackenberg, 384 U.S. 373 (1966)

A jury trial is a constitutional right 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)

Defending a contempt charge by vigorously quoting law is not contemptuously insulting the court, “[T]his Court, if its aid be needed, will unhesitatingly protect counsel in fearless, vigorous and effective performance of every duty pertaining to the office of the advocate on behalf of any person whatsoever.” 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,

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), See also Johnson v. Mississippi, 403 U.S. 212 (1971); Holt v. Virginia, 381 U.S. 131 (1965). [Even in the absence of a personal attack on a judge that would tend to impair his detachment, the judge may still be required to excuse himself and turn a citation for contempt over to another judge if the response to the alleged misconduct in his courtroom partakes of the character of ”marked personal feelings” being abraded on both sides, so that it is likely the judge has felt a ”sting” sufficient to impair his objectivity. Taylor v. Hayes, 418 U.S. 488 (1974).]; Offutt v. United States, 348 U.S. 11 (1954) [In a situation in which the record revealed that the contumacious conduct was the product of both lack of self-restraint on the part of the contemnor and a reaction to the excessive zeal and personal animosity of the trial judge, the majority felt that any contempt trial must be held before another judge.]; A judge called upon to act in a case of contempt by personal attack upon him, may, without flinching from his duty, properly ask that one of his fellow judges take his place.Cornish v. United States, 299 F. 283, 285 and Toledo Newspaper Co. v. United States, 237 F. 986, 988;

[2] The petitions were on behalf of Annabel Melongo who at the time was at the beginning of being jailed for two years on an eavesdropping case, later declared unconstitutional, Cook County Circuit Court no. 10 CR 8092, and remote computer tampering – false allegation by criminal CEO of Save-a-Life Foundation, Carol Spirrizzi, after Melongo was fired from this company, Circuit Court of Cook County case no. 08 CR 10502-01, which Ms. Melongo won, and which had been fraudulently brought against her to cover-up the criminal acts of funding fraud by Save-a-Life Foundation and several politicians who failed to use due diligence in donating public funds to this phony foundation, suggesting money laundering, including Lisa Madigan, Arne Duncan, Jan Shankowski (sp?) and many others, which has been exposed extensively in the news by Emmy award winning reporter, Chuck Goudie, and on the Internet. It is shocking that the U.S. Attorney has not yet indicted Ms. Spirrizzi. FBI Special Agent Depooter testified at Melongo’s eavesdropping trial, which ended in a hung jury, prior to the case being called unconstitutional and dismissed, that Melongo did present some evidence about SALF to the FBI.

Free innocent ROBIN JOHNSON wrongfully convicted of murder in IL, during a seizure when she was confused, but evidence withheld from jury

FREE ROBIN JOHNSON WRONGFULLY CONVICTED OF MURDER IN ILLINOIS

With the prosecutor failing to explain why a significant portion of the video tapes were missing,

Tiny (5 ft. tall with very tiny hands) grandmother Robin Johnson was wrongfully convicted of wrestling a large gun from an officer (> 6 ft tall and experienced), killing him and sentenced to life in prison (during an epileptic seizure where she was in a fugue state, confused and acting like an automaton, at a bus stop at 2 am (which she had done before) where the officer grabbed her neck and banged her head against a bus. The court refused to allow her to talk about or present her long-term treating physicians or medical evidence of long-standing seizures causing her to wonder at odd times, or the fact her family had found her on the floor from a seizure hours before).

• but HER HAND IS TOO SMALL TO HAVE HANDLED THE GUN,
• she has no understanding of the working of gun safety switches, and
• she has no experience or training in self-defense or aggressive physical attack methods that would have allowed her to grab a gun from an officer, remove the safety, and fire it so as to shoot him in the head,

while her head was being bashed against a bus by the officer and then she was thrown to the ground by him as testimony verified, in the middle of a fugue like seizure which she had a very long history of suffering from – the FBI and U.S. ATTORNEY REALLY NEED TO INVESTIGATE THIS ONE – there is no evidence she held a gun (mysteriously minutes of the videotape are missing) and the gun mysteriously disappeared & reappeared so fingerprints not examined !! –

this was another case of an INNOCENT BLACK PERSON being shot full of holes (Robin was wounded 22 times and barely survived) by white officers, falsely defamed as an “angry person”, when she’s just a average but very poor nice grandmother – she had 22 bullet wounds (received as she was trying to protect herself by sliding under a car and holding her hands in front of her) and barely survived nearly having an arm amputated – by overzealous officers who likely killed their own officer (I personally examined her hand and asked her non-leading questions about guns – which proved she is extremely naive and inexperienced and have some experience in forensic pathology about these things as I rotated in forensic pathology as a graduate student for six months and in psychiatry as I was medical director of a psychiatry group practice, in addition to receiving training in psychiatry during my pediatric residency)!

Complaint for mandamus and/or federal civil rights injunction regarding pervasive, extensive violations of civil rights in Cook County courts – Judge Cannon and others

Help me ➡Sit in gallery next court date Oct 29 2018,  2600 S California Chicago Room 506 10 am

This complaint was filed in August 2017.

It regards an unconstitutional felony charge of aggravated battery of an officer against a disabled activist who was in a PTSD flashback induced by courtroom deputies because she allegedly “touched an officer’s ear.” Altho indigent bail was set at unconstitutional $300,000.

Come to next court date 04/18/ 2018 room 502 2600 S California, Chicago IL at 10 am 4 pre-trial hearing battery case on Motion to substitute Judge Cannon.

The fact that Judge Cannon has been assigned on the Laquan McDonald murder case against police officers in Chicago has been the impetence for me to post this early before it is actually filed. The public MUST BE INFORMED!

Full nearly 100 page 30 count complaint can be found here.

This complaint documents why Judge Dianne Gordon Cannon should be removed as a judge due to mental incapacity and incompetence. This is why she should NOT be the judge for the officers charged with aiding and abetting the murder of Laquan McDonald! Read the full complaint for all the details. I will be happy to forward to anyone interested in the details all of the exhibits and transcripts.

Plaintiff, Linda Shelton respectfully complains for writ of mandamus regarding the following pervasive and extensive unconstitutional acts, over a four and one half year period, which preclude or precluded fair pre-trial hearings and trial in case no. 12-CR-22504, including:

1. Defendant Cook County Circuit Court Clerk Brown’s refusal to give a civil habeas number, properly file, and schedule for hearing petitions for Writ of Habeas Corpus (Exhibits AA-C) and/or in the alternative U.S. Civil Rights Act, 42 U.S.C. §1983 (“§1983”)Complaint for Declaratory and Injunctive Relief, regarding her and from her non-compliance with U.S. Constitution and its Amendments and Illinois Constitution’s Suspension, Due Process and Equal Protection Clauses as represented by her non-compliance with the Circuit Court of Cook County Rule 15.2 – Habeas Corpus (“R15.2”) and the Illinois Clerks of Courts Act, 705 ILCS 105/0.01 et seq. (“COCA”);
2. Defendant Cook County Criminal Division Presiding (Chief Supervisory) Judges Biebel’s, Martin’s, and Porter’s refusal to hear with due process previously filed into criminal file Habeas Petitions, one heard, by Defendant Judge Porter, without due process and two ignored Petitions for Writ of Habeas Corpus in case 12-CR-22504 (Exhibits A-C), and/or in the alternative §1983 Complaint for Declaratory and Injunctive Relief respectively regarding their and from their non-compliance with (i) the United States Constitution and its IV, V, VI, VIII and XIV Amendments’ Suspension and Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Article One, §§ 1, 2, 6, 7, 8, and 9 (Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses), (iii) the Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12131 et seq., and § 504 of the Rehabilitation Act(“RA”), 29 U.S.C. § 794, disability discrimination 28 C.F.R. §§ 35.160(a)(1), (b)(1)Codes, (iv) the Illinois Habeas Statutes, 735 ILCS §5/10-101 et seq.(“ILHab”), (v) the Illinois Bail Statutes (“ILBail”), 725 ILCS 5/110-1, et seq., (vi) the Illinois Fitness Statutes (“ILFit statute”), 720 ILCS 5/104-1 et seq., and (vii) precedent from higher courts as described herein in the following;
3. Defendant Judge Evan’s refusal to follow U.S. Supreme Court ADA recommended guidelines and U.S. and Illinois Constitutions and Statutory habeas rights and usual standards for administrators and supervisors in training and supervising judges and writing court rules and directives pertaining to habeas rights and/or in the alternative §1983 Complaint for Declaratory and Injunctive Relief from by (i) his non-compliance with standards related to the administrative judge’s role in granting ADA accommodations and (ii) his non-compliance with standards related to his role in defining court rules, as well as educational and supervisory role in training and supervising judges for compliance with the United States Constitution, its Suspension Clause, and its Amendments’ Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, the ADA and RA , the ILHab, the ILFit, and the ILBail Statutes, and precedent from higher courts, as described herein;
4. Refusal of named Defendant Public Defenders (“PD”), Abishi C. Cunningham and Amy Campanelli to follow standard of care of effectiveness and their oath of office in Shelton’s defense and refusal to properly train and supervise the APDs to follow the laws described herein, and/or in the alternative §1983 Complaint for Declaratory and Injunctive Relief, from their refusal to train and supervise their staff to comply with (i) the United States Constitution and its Amendments’ Suspension, Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, (iii) ADA and RA, (iv) ILHab Statutes, (v) ILFit Statutes, and (vi) ILBail Statutes, and (vii) precedent from higher courts, as described herein;
5. Refusal of named Defendant Assistant Public Defenders (“APD”), Debra Smith, David Gunn, Dawn Sheikh, Erica Soderdahl, Tiana Blakely, Debra E. Gassman, and Richard Paull to follow standard of care of effectiveness and their oath of office in Shelton’s defense, and/or in the alternative §1983 Complaint for Declaratory and Injunctive Relief, from their non-compliance, during Shelton’s representation with (i) the United States Constitution and its Amendments’ Suspension, Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, (iii) ADA and RA, (iv) ILHab Statutes, (v) ILFit Statutes, and (vi) ILBail Statutes, and (vii) precedent from higher courts, as described herein;
6. Refusal of named Defendant State’s Attorneys (“SA”), Anita Alvarez and Kim Foxx, to follow standards of fairness and ILSC Rule 3.8(a),(b), and (c) (Attorney Rules of Conduct) requiring them to seek justice, obtain indictment only if probable cause is present, and disclose exculpatory evidence, and their oath of office and refusal to properly train and supervise the ASAs regarding the laws as described below and/or in the alternative §1983 Complaint for Declaratory and Injunctive Relief, from their refusal to train and supervise their staff to comply with (i) the United States Constitution and its Amendments’ Suspension, Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, (iii) ADA and RA, (iv) ILHab Statutes, (v) ILFit Statutes, and (vi) ILBail Statutes, and (vii) precedent from higher courts, as described herein; and
7. Refusal of named Defendant Assistant State’s Attorneys (“ASA”), Erin Antonietti, James Comroe, Jennifer M Hamelly, Joseph Hodal, John Maher, James V Murphy Iii, Mariano Reyna, Sylvie Manaster, Frank Lamas, Jobll Zahr, and Lorraine Murphy, to follow standards of fairness and ILSC Rule 3.8(a),(b), and (c) (Attorney Rules of Conduct) requiring them to seek justice, obtain indictment only if probable cause is present, and disclose exculpatory evidence, and their oath of office and/or in the alternative 1983 Complaint for Declaratory and Injunctive Relief, from their non-compliance with (i) the United States Constitution and its Amendments’ Suspension, Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, (iii) ADA and RA, (iv) ILHab Statutes, (v) ILFit Statutes, and (vi) ILBail Statutes, and (vii) precedent from higher courts as described herein; and
8. Refusal of named Defendant Judges Israel Desierto, Diane Gordon Cannon, Erica L. Reddick, Sheila McGinnis, and Dennis J. Porter, to follow their oath of offices’ requirement to follow the law as described herein and/or in the alternative §1983 complaint for Declaratory and Injunctive Relief from their non-compliance with (i) the United States Constitution and its Amendments’ Suspension, Probable Cause, Due Process, Compulsory Process, Speedy Trial, Assistance of Counsel and Reasonable Bail Clauses (including Liberty and equal protection rights), (ii) the Illinois Constitution’s Liberty, Due Process, Probable Cause, Indictment, Compulsory Process, Assistance of Counsel, Speedy Trial, Bail, and Habeas Clauses, (iii) ADA and RA, (iv) ILHab Statutes, (v) ILFit Statutes, and (vi) ILBail Statutes, and (vii) precedent from higher courts, as described herein.

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

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 footrests)  despite 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. 1^st 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.wordpress.com/wp-content/uploads/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.wordpress.com/wp-content/uploads/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.

 

 

Why Chief Cook County Court Judge Evans should be removed

UPDATE: 11/10/16 Despite Judge Evans corrupt acts described below he was retained by judicial retention ballot because public ignores this part of ballot & leaves it blank. Yet if only  a few hundred to a 1000 people would vote no on each judge we could throw them out! Not ONE judge was removed, even Judge Pantle and others whom bar associations or other groups deemed unqualified.

Who bothers voting on a 2nd large ballot with dozens of judges names? – no one but judges and their lawyer friends.

UPDATE: 9/20/16 Of course Judge Evans was re-elected, just like corrupt Clerk Dorothy Brown won the primary. Please vote NO on all judges on judicial retention ballots. It is the only way we are going to get rid of a LOT of BAD judges (incompetent and/or corrupt)

______________________________________________________________

Cook County Court Chief Judge Evans is up for re-election. However, in Illinois ONLY the JUDGES vote for the Chief Judge. Evans has been Chief Judge for 15 years and has placed his friends and corrupt judges in positions of authority.

Therefore, the election is fixed and he will continue to be the most corrupt Chief Judge in the country, presiding over a pay-to-play system of bribery of judges through contributions to election campaign funds for judges by attorneys.

Please contact your legislators (State Senators and members of Illinois House – legislature) and tell them we need the laws change so that citizens, not judges elect/appoint the chief judge.

He has tolerated a corrupt Black Line Call system for civil law cases, which is illegal as a case cannot legally be in more than one court at the same time and the Black Line System overturns illegally Supreme Court rules. This has resulted in 100s of of pro se plaintiff cases being thrown out on technicalities that actually were  illegal.

He has tolerated de facto suspension of the right to petition for writ of habeas corpus.

He has tolerated abuse of the disabled.

He has allowed family court judges to be ruled by child representatives in divorce cases, when the statutes don’t allow such actions.

He has allowed continued elder abuse and exploitation, where court appointed guardians abuse and exploit elderly or disabled and judges ignore the evidence about this.

He has tolerated corrupt acts of Assistant States Attorneys – testi-lying in court cases when they make their summations to the juries and altering video tape evidence.

He has tolerated gross violation of fitness statutes.

He has tolerated gross abuse of bail laws and bails that are 3-10 times higher than around the country, as well as failure to use personal recognizance bail, which destroys litigants who are poor, in that they remain in jail pretrial due simply to poverty, ending up losing their homes, jobs, and marriages.

He has tolerated bribery of judges – attorneys paying into judges’ campaign funds at the time their cases are before judges in acts of improper influence.

He has failed to update the Circuit Court local rules so that they are out of date and unclear as to basic procedures (for example habeas corpus petitions – who hears them for Municipal Divisions? What is the procedure when the judge refuses to hear them? How do you complain about conduct of a judge?)

I have repeatedly documented on this blog reasons why  Judge Evans should be removed. Summarized here.

I have repeatedly written letters to Judge Evans about misconduct, criminal conduct, and ignorance of Cook County judges and he has refused to act to replace them, place a supervisor judge to teach them,  or re-educate them. Find some of my letters here.

I have evidence of all of the  above acts of misconduct, ignorance, and maliciousness.

Support activist’s claim IL battery statutes unconstitutional-touching officer not crime

UPDATE: Next court date July 11, 2019, 10 am RM 506, 2600 S California, Chicago

Shelton will argue motion to reconsider order quashing all her subpoenas & therefore denying her right to defend herself

Motion to Dismiss 4 fraud on Grand Jury denied 1/9/18

Also please come and support Shelton at Daley Center Chicago Rm 2008 Feb 23, 2018 at 9:30-11:00 for hearing on civil rights suit against criminal trial Judge & States Attorney

Shelton in 2017 filed Civil Rights complaint for Declaratory & Injunctive Relief Under Federal Civil Rights Act against Court Clerk, Judges, & States Attorney for illegal acts on this case which make any trial unfair and unconstitutional uncluding:

1. Unconstitutional No bail order X 1 yr
2. Unconstitutional excessive $300,000 bail without Americans with Disability Act (ADA) accommodations or consideration of indigency
3. Unconstitutional refusal of Clerk to file Habeas Petitions and schedule hearing before chief criminal court judge to strike case & charges
4. Unconstititional refusal by chief criminal court judge to hear Habeas Petitions that argue no probable cause means case must be dismissed as this violates Constitutional Suspension Clause
5. False arrest & malicious prosecution without probable cause as officers induced PTSD flashback presumably causing Shelton to sit on floor in fear waving arms against perceived blows as flashback causes Shelton to relive beating by officers & other attacks
6. As misperceiving events during flashback-unable to form intent to touch an officer so no probable cause
7. As sheriff staff committing crime of failure to accommodate disability & battery of disabled person by failing to follow doctor’s order & leave Shelton alone until flashback passed/instead loudly and violently grabbing and carrying Shelton exacerbating flashback and causing loss of balance, that reflexively due to spinal cord imjury and neurological disease, caused lack of balance, causes Shelton to reach out & try to grab something/ when officers cause a person to commit a “crime” (touching an officer) the charge is void due to the criminal acts of officer
8. Unconstitutional refusal to have jury trial for fitness hearing
9. Unconstitutional excluding Shelton from fitness hearing, from testifying, from calling witness psychiatrist who would have testified Shelton fit for trial, not dangerous to anyone, disabled physically and suffering PTSD, and never suffering psychosis
10. Illegal for Judge Cannon to declare that Shelton psychotic and unfit without psychiatrist agreement
11. Illegal remand of Shelton to secure mental health facility in 2013-Elgin Mental Health Center-after fitness hearing devoid of due process and with no evidence Shelton too dangerous to release and send to outpatient clinic (Judge Cannon acted like Soviet fascist sending dissident critic of court to mental health facility unnecessarily to shut her up)
12. NOTE: Elgin MHC found Shelton fit, but medically neglected by Cook County Jail with blood tests similar to what is found in a “concentration camp survivor”
13. Unconstititional quashing of Shelton’s subpoenas for court disability coordinator, medical records, and doctors, thereby quashing Shelton’s defense
14. Unconstitutional refusal to hear motions in a timely fashion including Motions to Dismiss, reduce bail, demand due process and reconsider orders quashing subpoenas, for substitution of public defender for misconduct, for fraud on grand jury by States Attorney Alvarez for failing to tell them about disabilities and Sheriff staffs’ crime of failing to accommodate them after being informed by court disability co-ordinator, as well as of battery of disabled Shelton by Sheriff staff
15. Illegal failure of judges to follow IL Supreme Court rules in wording of interlocutory order denying Motion to declare part of battery statute unconstitutional, thus impeding illegally timely appeal
16. Bizarre behaviors of Judge Cannon both before and after her cancer treatment causing her to act both biased and suggest she may be suffering from dementia or chemo brain as she has episodes of not remembering what was said or declaring something was ruled on when it wasn’t with States Attorney and Public Defender failing to report this to Judicial Inquiry Board for investigation and possible removal as a judge
17. Bizarre attacks by Judge Cannon against Shelton’s disability co-ordinator interfering with Shelton’s due process and
18. Speedy trial violations

On 12/9/16 an active running escapee bumped into Shelton in Hall, causing aggravation of chronic pain & musclespasms + PTSD flashbacks as officers dashing around induced flashback since she felt they would again falsely arrest her for battery for bumping an officer with walker when chasing officer brushed against coat hanging from walker. Asst States Attorney and judge now threatening contempt charge for disability assistant who informed Judge Cannon that Shelton traumatized & hearing needed continuence as well as threatening contempt against Shelton for writing memorandum of fact explaining what happened, providing education about PTSD, and explaining how she developed PTSD.

Judge has refusd to allow Shelton to finish argument on her motion to strike case for States Attorney’s fraud on grand jury and refused to sign order correcting judge’s error on previous order denying motion to declare part of battery statute unconstitutional so that Shelton can appeal this order. Thus judge denying due process in impeding appeal and motion hearing.

UPDATE: Stand up for civil rights Come to next court date 03/23/18 at 10 am rm 506. 2600 S California, Chicago, for argument that indictment should be stricken for fraud upon the grand jury by the State’s Attorney in failing to present fact that alleged act of “touching an officer’s ear” was induced/triggered by the Sheriff Courtroom Deputies violating ADA accommodations for disabled Shelton in that they pushed her, causing her to lose balance, and triggered a PTSD flashback, causing her to cower and waive her hands around her head believing she was being attacked.

Update 12/9/16: UPDATE – On 12/9/16 Judge Cannon granted Motion to rewrite the order denying Motion to Declare Battery statute unconstitutional so that Shelton can immediately appeal it; however, when a crazy detainee bolted and ran into Shelton trying to escape on 12/9/16 Shelton was slightly injured and hearing rescheduled for 1/20/17 when order will be written and Shelton will finish her argument that charges are void due to prosecutor’s fraud upon the grand jury.
Update 7/13/16: she denied motion to declare battery statute unconstitutional – next motion claims charge void as fraud on grand jury & ADA violated when officers used disability to trigger harmless “criminal act” of touching officer’s ear charged as felony battery with up to 14 yr sentence

On July 13, 2016 Judge Diane Cannon will announce her written opinion concerning Dr. Shelton’s motion to declare the Illinois battery and aggravated battery statutes unconstitutional concerning de minimus, minor, or no harm with alleged crime of touching or raking contact with a person or officer. Help fight injustice in Illinois by coming to court at 10 am 7/13/16 room 506 at 2600 S. California Ave (no cell phones or electronic devices allowed in courthouse).

Shelton’s argument is that charging a disabled tremulous, spastic person with felony battery for touching an officer due to their spasticity or due to an officer purposely inducing a PTSD flashback where a person unintentionally touches an officer without harming them is abusive and unconstitutional.

It is particularly abusive and unconstitutional as it violates the ADA (Americans with Disabilities Act) in that in this case against Shelton the Court Disability Coordinator, Melissa Pacelli, had been given written documentation by a psychiatrist and other physicians that Shelton suffers from PTSD (post-traumatic-stress disorder) due to having been previously beaten by Sheriff and Chicago police officers and during flashbacks triggered by specific actions of officers as a result of the PTSD she “misperceives ongoing events” (becomes confused believing she is being attacked by officers) and that male officers should not yell at her and grab her, but should “back-off” if a flashback occurs as Shelton is “inherently non-violent”, as well as because she cowers, is fearful, and crys, as well as may defensively waive her arms around her head thinking she is defending herself or may reach out suddenly to prevent herself from mis-perceived falling during flashbacks if pushed as she suffers from congenital and acquired severe balance problems requiring the use of a walker and if pushed she grabs out involuntarily to keep from falling. Thus, they should wait until the flashback is over and she understands what is going on when one occurs, rather than rush her, grab her, and push her. Such actions by officers will cause Shelton to unintentionally touch officers and this fact is sufficient to be an outrageous reason to charge Shelton with felony battery that has as a sentence a possibility of as much as 14 years in prison.
As intent is a required element of the crime of battery, during flashbacks, Shelton is unable to form intent to harm an officer due to the PTSD and balance issues if she is pushed, particularly by loud and aggressive male officers, and the criteria for felony battery is unconstitutional according to Shelton due to the fact that a disabled person without intent can be charged with felony battery merely for touching an officer under such a circumstance.

For more information about the aggravated battery case against Shelton for “touching an officer’s ear” see this post.

Recently a grandmother, Ms. Tina Hunt plead guilty of aggravated battery for kicking an officer in a courtroom when she got mad and received a one year sentence – she could have received a mandatory six year sentence if she went on trial before a jury. This would have been a harsher sentence than a sentence for sticking a knife into an officer or throwing acid in a person’s face. This is outrageous abuse of criminal law. That is why Shelton has argued that the statute is unconstitutional.

Written Motion to Declare Battery Statute Unconstitutional

States Written Response to Shelton’s Motion to Declare Battery Statute Unconstitutional

Shelton’s Written Reply to States Written Response to Shelton’s Motion to Declare Battery Statute Unconstitutional

Oral argument by Shelton

After Shelton’s oral argument in May 2016, Judge Cannon gave the State another two weeks to prepare their oral argument. The State’s response was as follows:

State’s Argument essentially was “we stand on our written pleading” – [apparently they had no rational argument to counter Shelton’s pleadings and statements.]

The judge then gave herself six weeks to consider the arguments and come up with a written decision. Judge Cannon’s written decision will be announced on July 13, 2016.

UPDATE: Her decision was a two sentence statement without ANY explanation: “The defendant’s motion to declare the Aggravated Battery Statute unconstitutional is respectfully denied. This is a final order. Dated July 13, 2016 by Judge Diane Cannon.

Appeal will be filed, but in Illinois it likely won’t be filed until the end of the case because the higher courts have no jurisdiction on pretrial motions [known as interlocutory motions] until ALL issues in the case are final or until IL Supreme Court Rule 304(a) is followed. Shelton is filing a motion to rewrite the order properly, but it probably will be denied on 12/9/16. UPDATE – On 12/9/16 Judge Cannon granted Motion to rewrite the order, however, when a crazy detainee bolted and ran into Shelton trying to escape on 12/9/16 Shelton was slightly injured and hearing rescheduled for 1/20/17 when order will be written. This rule states as follows:

Supreme Court Rule 304(a) provides as follows:

ll Parties or Claims — Necessity for Special Finding. If multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying enforcement or appeal. Such a finding may be made at the time of the entry of the judgment or thereafter on the court’s own motion or on motion of any party. The time for filing the notice of appeal shall run from the entry of the required finding. In the absence of such a finding, any judgment that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or appealable and is subject to revision at any time before the entry of a judgment adjudicating all the claims, rights, and liabilities of all the parties.” (87 Ill.2d R. 304(a).)

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It is without common sense, but the Illinois Appellate Court said that using the word “final” does not comply with Illinois Supreme Court rule 304(a).

According to the Illinois Appellate Court 1st District an interlocutory order that states that a pretrial order is “final and appealable” is insufficient to confer jurisdiction on the appellate court. Until the final disposition of all issues in the case the statutory terms “there is no just reason for delaying enforcement or appeal” are required to confer jurisdiction of the Appellate Court from a pretrial order of the local Circuit Court. Greer v. Yellow Cab Co., 582 N.E.2d 1292, 221 Ill. App.3d 908, 164 Ill.Dec. 348, (1991) IL App (1) 1-89-1548

Judge agrees with motion that Illinois bail statute unconstitutional

Shelton’s next court date Sept 27, 2017 10am room 506 2600 S California, Chicago.

 Sheriff Dart doing a little far too late about unconstitutional cash bonds. He has no power but is trying to get publicity. He jumps on publicity wagon only when large outcry. He presides over torture at Cook County Jail and gross violation of civil rights including denying access to courts to detainees at Cook County Jail and denial of adequate medical care.

Civil rights group has filed a class action suit for failing to set bond according to ability to pay as required by IL Constitution and U.S. Constitution. download here

On Sept 30, 2015 Judge Cannon in wrongful prosecution case against Dr. Linda Shelton for “touching an officer’s ear and hair” (charged as felony battery with possible 3-14 year sentence), still pending, stated that she agreed with her motion to declare the bail retention clause of the IL bail statute unconstitutional. For details about the case read here.

BUT – Then Judge Cannon illegally stated she was entering and continuing this motion until the end of the case because she said Shelton had no standing to question the statute until the 10% of bond was actually withheld by the court clerk.

The statute is unconstitutional because the court clerk in order to extort money from all defendents, innocent and guilty, charges 10% of the bond (or 1% of the bail) as a fee for the service of processing and holding the money from a bond check. This means the clerk commits fraud by charging vastly disparate amounts for the SAME service. If bail is $300,000, then the clerk’s charge is $3,000, while if the bail is $1000, the clerk’s charge is $10, collected at the time the case is over and bond is returned – minus 10%. [Note: to get out of jail on bond in IL under a “D-bond”, the defendant pays 10% of the bail]

In any other service business, if the business charged different amounts for the same service, this would be criminal fraud.

Then Judge Cannon illegally stated she was entering and continuing this motion until the end of the case because she said Shelton had no standing to question the statute until the 10% of bond was actually withheld by the court clerk.

This is nonsense as the bond $30,000 bond (10% of outrageous $300,000 bail) has already been paid, which means the clerk must withhold 10% of the bond when it is returned at the end of the case.

This holding the decision prevents the state from appealing it directly to the IL Supreme Court until after the case is over.

Read the motion here.

Note: the new bail statute in IL that states in counties where the population is greater than 3 million, then the clerk’s charge can be no larger than $100, the statute is still unconstitutional because there is no fixed rate to bond handling charge. It is unfair to charge $10 to one person and $100 to another for the same service of handling a check and paperwork. That is denial of equal  protection in taking property under different procedures for different people.

 

U.S. Supreme Court refuses to uphold its own holdings and due process

The U.S. Supreme Court refused to uphold their own holdings in denial of Shelton’s Petition for Writ of Mandamus. Dr. Linda Shelton was unlawfully convicted of  contempt of court and summarily sentenced to 16 months in jail with no trial or due process because she followed Illinois law that allows a person other than the defendant to file a next-friend petition for writ of habeas corpus on “behalf of another”. Judge McHale held that it was illegal for Shelton to file this petition on behalf of Annabel Melongo when Shelton was not an attorney.  Melongo was released after 20 months when the Illinois eavesdropping law was declared unconstitutional. Melongo had been denied hearing on Shelton’s petition for her in an illegal act by Cook County judges who refused to hear this petition. Thus they violated the U.S. Constitution Suspension Clause that says that habeas may not be suspended except in times of war.  READ THE FOLLOWING!! (Transcript where Shelton appeared before Judge McHale asking for him to assign judge to represent Melongo on Shelton’s next-friend petition for writ of habeas corpus on her behalf on May 11, 2010 – NOTE: habeas corpus is the highest right a person has in the U.S. written in the constitution to protect against unlawful incarceration yet few Americans are educated to know what this means!)

Shelton alleges Judge McHale (substituting for Judge Biebel – presiding judge of the Cook County Criminal Court) illegally and in an act of felony federal treason and conspiracy to violate rights under color of law, after stating he would not hear her petition (i.e. admitted she was before him on an administrative matter and not with him acting as a judge) in retaliation for Shelton’s whistle blowing about judicial corruption in the Circuit Court of Cook County (she had given the FBI and U.S. Attorney extensive evidence about this corruption and published it on Internet blogs), in May through November, 2010, summarily convicted her of three (3) “cases” which should have been three (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/Cameroonian 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. The conviction was not only illegal, but it was retaliatory.

The fact that he stated he would not hear the petition meant that there was no case before him when he charged me with contempt and this occurred after I asked for SOJ as a right, which also means that his orders are void as he did not follow the law on SOJ.

Shelton alleges Judge McHale’s consecutive SUMMARY sentences of 4, 6, and 6 months (total of 16 months) in CCDOC with good time jail credits quashed by order of Judge McHale, 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, Jiffy Lube International, Inc. v. Agarwal,2 77 Ill.App.3d 722,727, 214 Ill.Dec. 609,661 N.E.2d 463 (1996); Curtis v. Lofy, 394 Ill. App..3d 170, 176 (2009);

B) violation of Habeas Statutes, 735 ILCS Art X which allow a person to file a habeas petition on “behalf of another”;

C) violation of IL Appellate Court holding that requires a full due process jury trial if contempt sentence is summarily imposed on a day other than the day in which the contemptuous act occurred In re Marriage of Betts, 200l ll.App.3d 26 (1990); Winning Moves, Inc., v. Hi! Baby, Inc., 238 Ill. App.3d 834 (1992); Kaeding v. Collins, 28I Ill.App3d 919 (1996)

D) 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) violation of IL statute where habeas petition must be heard quickly before the chief judge of the division, Habeas statutes, 735 ILCS 5/10-119, and the rules of the Circuit Court of Cook County, Rule 15.2(d); and

F) violation of the U.S. Supreme Court holdings and IL Court holdings which:

1) require jury trial if sentences exceed 6 months aggregate for contempt, In re Marriage of Betts, 200 lll.App.3d 26 (1990), Cheff v. Schnackenberg, 384 U.S. 373 (1966); Codispoti v. Pennsylvania, 418 U.S. 506, 513, 94 S.Ct. at 2692 (1974); Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701;

2) forbid sentencing for more than one count of contempt during one trial or case, People v. Brown, 235 Ill.App.3d 945 (1992);

3) forbid removal of automatic statutory good time jail credits by a judge  – Good Time Jail Allowance statute, 730 ILCS 130, gives jurisdiction for such credits to the county sheriff and not the judge, also violation of Codispoti v. Pennsylvannia 418 U.S. 506 (1974); 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); 735 ILCS Article X.

The Illinois Appellate Court in violation of Illinois Supreme Court Rule 298 and Smith v. Bennett and Marshall v. Bennett, 365 U.S. 708, 81  S.Ct. 895 (1961) denied my indigence petition , thus denied my appeal illegally.

The Federal District Court for the Northern District of Illinois dismissed Shelton s Federal Petition for Writ of Habeas Corpus regarding these three convictions, ACC 100083-01, 93-01, & 94-01, falsely stating that Shelton did not exhaust state remedies. Judge Hart ignored and violated the U.S. Supreme Court’s rulings in the line of cases Neirsheimer, Regan, and Loftus. People v. Loftus, 400 Ill. 432, 81 N.E.2d 495 (1948), (in response to order of Court in Loftus v. People of State of Illinois, 334 U.S. 804, 68 S.Ct 1212 (1948)); Woods v. Neirsheimer, 328 U.S. 211, 66 S.Ct. 996 (1946); White v. Ragen and Lutz v. Same, 324 U.S. 760, 65 S.Ct. 978 (1945); Young v. Ragen, 337 U.S. 235, 69 S.Ct. 1073 (1949).

There may be an exception to the exhaustion bar for cases involving colorable claims of actual innocence. See, e.g., House v. Bell, 47 U.S. 518, 522 (2006). This case also involves this is as since there is no possibility that filing a next-friend habeas petition is illegal or that complaining, as a litigant to a judge that he is violating the law, when he is violating the law, is illegal, there is no possibility that Shelton is actually guilty of contempt.

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 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 petitions for writ of habeas corpus, SOJ as a right, good conduct jail credits; concurrent sentencing for the same act; 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, denied her father’s need for her caretaker, companion, and executive assistant services and love in his final days in an act of cruelty and lawlessness, and denied Shelton’s need for medical care and proper diet.

In addition, Annabelle Melongo’s petition for writ of habeas corpus, filed by Shelton, has been ignored by Judges McHale, (Brosnahan, Wadas, Kazmierski – to whom Plaintiff presented habeas filing prior to presenting it to Judge McHale and all of whom refused to hear it stating that they have no jurisdiction to hear filings from a non-attorney on behalf of another, despite Plaintiff reading the IL habeas statute to them), 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.

Judge McHale was fully informed in open court by Plaintiff of the case law, code, and constitutional issues stated herein and therefore cannot claim mistake or unintentional error. Plaintiff therefore now petitions the U.S. Attorney and U.S. Justice Department to pursue the violations of 18 U.S.C §241 AND 18 U.S.C §242, as well as 18 U.S.C. §2381 that are clearly documented in this document and attachments, under the jurisdiction as permitted by the Presentment Clause of the Constitution and under 18 U.S.C. §3332 – which specifically states, as is supported by case law, that a citizen with evidence of federal crimes may petition a judge to present this evidence to a special grand jury . I ask that the Justice Department bring this cause before a judge for an indictment against Judge McHale for corruption.

Judge McHale ILLEGALLY AND UNCONSTITUTIONALLY IN VIOLATION OF CIVIL RIGHTS UNDER COLOR OF LAW incarcerated Shelton for 16 month summary sentence for which she served six months and during that time DISCRIMINATED AGAINST DR. SHELTON’S DYING FATHER, ALLAN LORINCZ, BY ILLEGALLY JAILING SHELTON, SNUBBING HER REQUEST FOR HOUSE ARREST TO CARE FOR HER FATHER, AND PREVENTING HER FROM CARING FOR HIM IN HIS LAST DAYS AS HE REQUESTED RESULTING IN HIS DEATH from self-starvation and dehydration due to depression over his loss of his caretaker and companion, Shelton and his progressing Parkinson’s disease.  By turning a deaf ear, HE DISCRIMINATED AGAINST DISABLED SHELTON IN IGNORING HER DISABILITY NEEDS WHILE UNLAWFULLY JAILED BY HIM, in that he refused to order the Sheriff to provide her appropriate medications and food for her conditions. He, IN RETALIATION FOR HER WHISTLE BLOWING AND COMPLAINTS AGAINST JUDGES AND SHERIFF STAFF, ILLEGALLY JAILED HER knowingly and willingly suspended her right to Petition for Writ of Habeas Corpus, violated at least four U.S. Supreme Court holdings by unlawfully convicting her of contempt and summarily sentencing her to 16 mo. in jail, and trashed Shelton’s due process constitutional rights, as well as numerous Illinois statutes and Supreme Court and Cook County Court rules. Finally, he ordered a fitness exam when there was no reason to, in order to help justify his illegal conduct but ignored Shelton’s attorney’s motion that a person cannot be found in contempt if the judge questions their fitness as contempt requires intent and allegation of lack of fitness precludes concept of intent.

 

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See the following criminal cases, appeals, motions for habeas & mandamus – which are explained in the following:

Cook County Court Habeas Petition: 09 CH 12736 – renumbered after transfer from Chancery division to criminal division to 09MR00025 (Shelton’s next friend habeas petition for Maisha Hamilton – allowed and Hamilton assigned a pro bono attorney); 10 HC 0006 & 7 (Shelton’s next-friend habeas petitions for Melongo – Judge McHale refused to hear, told Shelton filing it was criminal); 10 HC 00008 & 12 (Shelton habeas petition – Judge Porter summarily denied)

Cook County Criminal Contempt Cases: ACC 1000083-01, ACC 1000093-01, ACC 1000094-01 (Unconstitutional & Illegal against Shelton – summary total sentence of 16 months for filing next-friend habeas petitions for Melongo and defending her right to do so)

Cook County Criminal Cases: 10CR8092 (Melongo’s criminal eavesdropping case – declared unconstitutional eavesdropping law – this was upheld by IL Supreme Court) 08CR1050201 (Melongo’s computer tampering case which she later won as State committed fraud)

U.S. Supreme Court Complaint for Leave to File Mandamus: 12-6561 (Shelton pro se filing, granted in forma pauperis but denied leave to file brief)

Illinois Appellate Court: 10-3342, 10-3344, 10-3345 (Shelton’s appeal of contempt cases dismissed when denied in forma pauperis and demanded back payment for previous cases as well as $25 payment for each of these cases)

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NOTE: the following case law

CONTEMPT

Sacher et al. v. United States, 343 U.S. 1, 72 S.Ct. 451, 96 L.Ed. 717 (1950)

Courage does not equal contempt.

An attorney has the right to make a fearless, vigorous argument

It is the right of counsel for every litigant to press his claim, even if it appears farfetched and untenable to obtain the trial court’s considered ruling. Full enjoyment of that right, wit due allowance for the heat of controversy, will be protected by appellate courts when infringed by trial courts. At 9

Men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses [ignorance] to which human flesh is heir. Most judges, however, recognize and respect courageous, forthright lawyerly conduct. They rarely mistake overzeal or heated words of a man fired with a desire to win, for the contemptuous conduct which defies rulings and deserves punishment. They recognize that our profession necessarily is a contentious one and they respect the lawyer who makes a strenuous effort for his client. At 12

Bloom v. Illinois, 391 U.S. 194, Footnote 4, 88 S.Ct. 1477, 20 .Ed.2d 522 (1968)

The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt—it is an ‘arbitrary’ power which is ‘liable to abuse.’ Ex parte Terry, 128 U.S. 289, 313, 9 S.Ct. 77, 82, 32 L.Ed. 405 (1888). ‘(I)ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.’ Cooke v. United States, 267 U.S. 517, 539, 45 S.Ct. 390, 396, 69 L.Ed. 767 (1925).4

Footnote 4. ‘That contempt power over counsel, summary or otherwise, is capable of abuse is certain. Men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses to which human flesh is heir.’ Sacher v. United States, 343 U.S. 1, 12, 72 S.Ct. 451, 456, 96 L.Ed. 717 (1952). See also Ex parte Hudgings, 249 U.S. 378, 39 S.Ct. 337, 63 L.Ed. 656 (1919); Nye v. United States, 313 U.S. 33, 61 S.Ct. 810, 85 L.Ed. 1172 (1941); Cammer v. United States, 350 U.S. 399, 76 S.Ct. 456, 100 L.Ed. 474 (1956).

United States v. Seale, 461 F.2d 345 (7th Cir. 1972).

[T]he conduct so personally involved the trial judge that the contempt hearing should be presented before another judge. “Attorneys have a right to be persistent, vociferous, contentious, and imposing, even to the point of appearing obnoxious, when acting in their client’s behalf.” In the matter of Dellinger, 461 F.2d 389, 400 (7^th Circ. 1972)

Sentences more than six months either separate or aggregate require a jury trial:

When the aggregate punishments for a particular course of criminally contemptuous conduct committed in the presence of a judge exceed the parameters of punishments normally imposed for misdemeanors and the punishments are not imposed immediately after occurrence of the contemptuous conduct, the contemnor is entitled to a jury trial as to the contempt charges. The traditional test for determining whether or not a charged offense is a misdemeanor is whether the penalties exceed $500 or six months imprisonment. Where, as with criminal contempt in Illinois, no maximum punishment is prescribed for an offense, courts look to the penalty actually imposed to determine whether an offense is so serious that a jury trial was required. Some decisions suggest that in the context of contempt proceedings, the $500 fine component.., is subject to upward adjustment based on the contemnor’s financial resources and inflationary trends. In re Marriage of Betts,  200 Ill. App. 3d 26, 50, 558 N.E.2d 404 (4th Dist. 1990).

The following are holdings in Maita v. Whitmore, 508 F.2d 143 (9th Cir. 1975):

[Taylor v. Hayes, 418 U.S. 488, 94 S.Ct. 2697, 41 L.Ed.2d 897, and Codispoti v. Pennsylvania, 418 U.S. 506, 94 S.Ct. 2687, 41 L.Ed.2d 912.]

First: The rules as to whether an ordinary criminal offense is ‘petty,’ thus not requiring a jury trial, or ‘serious,’ thus requiring a jury trial, also apply to charges of criminal contempt. Codispoti v. Pennsylvania, supra, 418 U.S. at 513, 94 S.Ct. at 2692; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701.

Second: ‘Crimes carrying more than six month sentences are serious crimes and those carrying less are petty crimes.’ (Codispoti v. Pennsylvania, supra, 418 U.S. at 512, 94 S.Ct. at 2691; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701.

Third: ‘Judgment about the seriousness of the crime is normally heavily influenced by the penalty authorized by the legislature.’ Codispoti v. Pennsylvania, supra, 418 U.S. at 511, 94 S.Ct. at 2691. Indeed, if the penalty authorized by the legislature exceeds six months, there is a right to a jury trial, even though the judge could impose a sentence of six months or less. Baldwin v. New York, 1970, 399 U.S. 66, 68-69, 90 S.Ct. 1886, 26 L.Ed.2d 437, and cases there cited.

Fourth: Where the legislature has not prescribed a penalty, as is often the case when the charge is criminal contempt, the actual sentence imposed determines whether the offense is ‘serious’ or ‘petty.’ Codispoti v. Pennsylvania, supra, 418 U.S. 512, 94 S.Ct. 2687 at 2691; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701. In such a case, when multiple contempts are tried together, the imposition of consecutive sentences aggregating more than six months makes the offenses ‘serious’ and requires a jury trial. Codispoti v. Pennsylvania, supra, 418 U.S. at 516-518, 94 S.Ct. at 2693-2694. On the other hand, where there are convictions for several contempts but the aggregate sentence does not exceed six months because the sentences are concurrent, jury trial is not required. Taylor v. Hayes, supra, 418 U.S. at 496, 94 S.Ct. at 2702. Moreover, it makes no difference that the trial judge at first imposes consecutive sentences totalling more than six months, if he afterward reduces them to six month sentences to be served concurrently; jury trial is not required. Id. at 496, 94 S.Ct. at 2702.

No justice; no peace – police Officer Servin gets away with murder, disabled activist charged with felony battery for “touching officer’s ear”, innocent grandmother convicted of murder of officer while confused in a seizure after being battered by officer

This blog and other blogs by Shelton are devoted to uncovering and exposing the methods of incompetence and corruption and the systemic lawlessness of our injustice system in Illinois, particularly Cook County. Click the links on your right to see my other blogs.

UPDATE: Complain to Cook Co States Attorney Kim Foxx (@KimFoxxSA on Twitter) because she refuses to meet with Shelton or supervise the case

UPDATE: Next court =Mar 26, 2019 10am room 506 2600 S California Chicago

UPDATE: Next court date May 18,2018 room 502 before Judge Wadas to hear motion to substitute Judge Cannon for mental incompetence likely due to chemo brain dementia

UPDATE: COME TO next court date 3/26/2019 rm 506 2600 S California 10am Show SUPPORT FOR DISABLED ACTIVIST FIGHTING FOR YOUR CIVIL RIGHTS

Oppose $300,000 bail for indigent disabled defendant charged with accidentally “touching an officer’s ear”

Support argument that charge of felony battery for “touching an officer’s ear” when the officers violated the ADA in inducing PTSD flashback and balance issue by ignoring doctors’ statements, given to Court Disability Coordinator Pacelli, that defendant has balance issues and may flail arms and grab out if pushed + PTSD due to having been beaten by officers – so that when rushed by dog pack-like group of large male officers yelling at her she goes into PTSD flashback and “misperceives ongoing events” believing she is being attacked, falls to floor, cowers, loudly verbally defends self and or flails arms around head believing she is defending herself against a beating.

Oppose unlawful arrests in retaliation for civil rights advocacy – helping poor fight in divorce to keep kids, opposing unlawful evictions, advocacy against police brutality

Oppose abuse of disabled by police & judges

Fill court gallery 12/1/17 RM 506 crim court building at 10 am Chicago and show support for activist arguing that charge aggravated battery for “accidentally touching ear” is illegal charge against activist

UPDATE: Judge denied motion and issued inadequate order to impede immediate appeal. Watch argument 12/9/16 requesting judge strike order & issue proper order that is immediately appealable on 12/9/16 Judge granted motion to correct order but refused to sign it & threatens Shelton if she tries to ask judge.

COME TO COURT, view from court gallery Judge Cannon’s announcement of written decision concerning Shelton’s argument that IL battery statute is unconstitutional on 7/13/16 rm 506 2600 S California at 10 am, Chicago, IL

Until justice is served, Chicago should have no peace.

Alvarez has continued to systemically target me by prosecuting me for now nearly 40 cases of unlawful and unconstitutional arrests over the last 15 years in retaliation for being a whistle blower against corrupt judges and corrupt Sheriff staff and police officers from Chicago, Evergreen Park, and Oak Lawn.

Help me (Shelton) now by showing up to court hearings (NEXT one 7/20/17 room 506 10 AM 2600 S California – though judge hears others first and waits until gallery empty so there will be no witnesses to her illegal rulings), giving Shelton support in pending case: click here

Enough is enough!! Vote out Clerk Brown and vote NO on every judge on judicial retention ballot!! Replace any candidate or Alderman who refuses to commit to investigation of the Cook County Court system, Cook County police including Chicago Police, Suburban Police, and especially the Cook County Sheriff including their Courtroom Services Division and Correctional Officers.

Its time for Chicagoans to stand up against police, prosecutorial, and judicial corruption in consistent, constant, recurring, protests until the Cook County Board, Chicago City Council, the FBI and U.S. Attorney, Illinois legislature, and U.S. Congress change training of police to de-escalate and not shoot unarmed or those with knives or bats, as well as judicial, oversight to remedy the following:

The killing of 22-year-old Rekia Boyd by off duty Chicago police officer Dante Servin when he shot backward over his shoulder towards a group of people is clear murder as well as is involuntary manslaughter because he clearly meant to shoot someone in that direction although he may not have meant to shoot Boyd specifically. So it is both a voluntary act of shooting someone without premeditation (murder) and an involuntary act of killing someone he did not specifically target. You can be sure that if he was a civilian he would have been charged with murder and there are examples of such in the Court Clerk’s records.

Cook County States Attorney Anita Alvarez knows this and purposely undercharged him in my opinion as she always favors the police and covers up for their crimes and errors. She was in charge of the division in the State’s Attorney’s office under SA Devine which was responsible for prosecuting government corruption for a decade and essentially shut down that office. She has for decades had a history of reckless disregard for the rights of citizens, which corrupt and incompetent officials have violated.

(Shelton – http://cookcountysheriffdeputies.wordpress.com and http://illinoiscorruption.blogspot.com , http://prosechicago.wordpress.com , http://chicagofbi.wordpress.com and http://cookcountyjail.wordpress.com)

Alvarez at the same time has continued to systemically target me by prosecuting me for now nearly 40 cases of unlawful and unconstitutional arrests over the last 15 years in retaliation for being a whistle blower against corrupt judges and corrupt Sheriff staff and police officers from Chicago, Evergreen Park, and Oak Lawn.

Help me (Shelton) now by showing up to court hearings (NEXT one 7/20/17 room 506 10 AM 2600 S California – though judge hears others first and waits until gallery empty so there will be no witnesses to her illegal rulings), giving Shelton support in pending case: click here

I mostly defended myself successfully but the two cases for which I was convicted are just unjust wrongful convictions or meatballs that stuck when the spaghetti plate was thrown. Three contempt convictions with a summary (NO TRIAL = illegal sentence) sentence of 16 months later changed to 12 months consecutive were clearly unconstitutional and malicious by Judge McHale. See here description and case law.

One wrongful felony conviction for “bumping an officer with my wheelchair” = felony aggravated battery for “causing an abrasion” and resulting in a two year outrageous sentence was also unlawful, never happened, and due to falsification of records and perjury by Officer Anthony Salemi (see appeal here).

The denial of appeal by the Appellate Court was unlawful and based on an ad hominem attack by Appellate Justice Levin that ignored the arguments and case law in appeal brief. See outrageous opinion here where Judge Levin quotes defamatory rumors about my behavior in courts, which have no basis – here).

The misdemeanor conviction for “bumping an officer with my walker” was again perjury by Courtroom Services Deputy Sheriff Ateca. She lied and said I was sitting and pushed my walker against her causing no injury. She actually walked in front of me when I was walking to the elevator and slowed down suddenly so I would accidentally bump into her. Her partner is aiding and abetting this perjury by not speaking up.

The judge fixed the case by not allowing me to take my medication for chronic pain, vertigo, and PTSD so that I was so distraught and unable to properly question the witness as my own attorney and too sick to testify so I chose not to that I appeared crazy to the jury and confused so they ignored me and convicted me. This was an unlawful trial as I was denied American with Disability Act required accommodations (medications) during my trial as well as access to my legal documents while jailed during the trial.

It’s a violation of civil rights to impede a self-represented person from access to her court documents, pen and paper, during a trial.

There is a pattern of under-trained officers who disregard the rights of defendants and abuse the disabled, especially the mentally ill, as well as purposely lawless judges who cover-up for criminal acts of police, retaliate against whistle blowers, and are biased against poor and minorities or uneducated.

The public defender’s budget is minuscule compared to the prosecutor’s budget so that the public defenders do not have the time or resources to properly defend anyone. The gun (officer’s weapon) used by Robin Johnson was not checked for her fingerprints and no medical experts or doctors were called as witnesses in her defense for example.

Judge Porter is a cunning politician who never should have found Servin not guilty of involuntary manslaughter, despite the lack of the more appropriate murder charge. I suspect that Alvarez and Porter conspired to do this so that Alvarez can say she charged him, but Porter would have an excuse to find him not guilty – thus protecting the officer.

Judge Gainer wrongfully convicted Robin Johnson of murder of an officer in 2013, when Chicago police committed perjury – they shot their own man, by illegally refusing to allow testimony that Johnson was in a standing seizure (confused), had a long history of such seizures that were not controlled well and was often found wandering at night at bus stops, had a grand mal seizure in her bathroom at home that morning, that it took five years pretrial while she was in jail to mostly control her seizures, that she had been repeatedly bashed while in a head lock against a bus by her head by the deceased officer, and Johnson had no experience with guns or training in attacking others or defending herself.

So how does a 5′ tall grandmother with no criminal history disarm a 6′ tall seasoned Sargent and shoot him in the head – with a large gun that is really too large for her tiny hand to hold and handle this weapon while in a confused state of mind due to a seizure?

She clearly could have no intent if she was in a seizure and confused so the charge is void and the public defender refused to argue this defense. The state had multiple videos but the moments where she allegedly held the gun were missing for “unknown reasons”! The gun was lost for a period of time, which per the U.S. Supreme Court decision means that the case automatically should have been dismissed due to tampering with evidence.

The state made up a baloney theory that her motive was that she was an “angry person” out to kill a cop! They didn’t let her children (including a daughter studying to be an attorney) and grandchildren, relatives and friends testify that she was not a violent, aggressive, or “angry” person.

Notably, Gainer should have recused himself because his close relative was former top cop in the U.S. – Terrance Gainer who had at retirement been Chief of the Capital police in Washington, D.C., had long record of being chief of several departments and president of the American Society of Police Chiefs! He is often “randomly” assigned to cases involving police officers as victims or plaintiffs by “coincidence.”

She is now serving a wrongful life sentence while her husband is dying for something she didn’t do in order for Alvarez to cover-up the shooting of the officer by police. Johnson barely survived 22 wounds when officers arriving on the scene emptied their guns against her, even though by then the videos show her unarmed and down. That’s attempted murder.

Robin Johnson = innocent person

Serving life sentence for shooting officer

The FBI and U.S. Attorney should arrest Servin for criminal violation of civil rights under color of law and convict him in that manner.

Mayor Emmanuel should denounce this officer and criticize Alvarez but he has no guts to stand for the right.

Supt. Johnson should call the kettle black and fire Servin for official misconduct due to clear violation of his oath of office to uphold the law and control his gun.

For 20 years I have been supporting the minority populations in Cook County as a physician standing up for my patients in court when no other doctor would do so, writing these blogs to expose corruption and providing the FBI and U.S. Attorney information about corruption and abuse at the jail and in the courts. I won a suit for mandamus, in the public interest, against the Sheriff in 2004-5 for violating the freedom of information act and not giving me a copy of their compliance plan for the Americans with Disabilities Act regarding accommodating disabled at courthouses. They were forced to admit that for more than a decade they were in violation of federal law by failing to have a compliance plan.

I have been repeatedly unlawfully arrested usually for trespass, resisting arrest, or battery of ONLY officers in courthouses usually with only police witnesses (!!) for falsely alleged “bumping them with my walker or wheelchair” and personally beaten by the Chicago Police and Cook County Sheriff staff.

My mouth was covered with duct tape during an asthma attack – which could have killed me except a Sgt. ordered it removed. My pony tail was grabbed and my head banged against a wall despite major neck spine surgery – which could have caused death like with Freddie Grey, held on the floor by Correctional officers Ruiz and Levy and kicked with their boots (see pictures). I was beaten by a Chicago Police Detention Aid Shell (see picture 1 & 2) for taking my medication for severe pain and vertigo after it was handed to me while in the police station during a release from unlawful custody. I had my shoulder severely strained and mildly dislocated by Correctional officer Charles Johnson in Dec. 2006 confirmed by an orthopedic surgeon. I was body slammed when C/O Johnson grabbed by handcuffed in front hands and swung them up and slammed me down against a row of chairs with arms causing contusions on my back especially near my surgery site – resulting in temporary paralysis and shock – then slamming me onto the floor where I laid outside the jail ER mocked by officers for hrs and temporarily unable to move without medical care – then a “nurse” looked at me and said nothing was wrong while ignoring the 5″ scar on the back of my neck from surgery, passed out from cardiac arrhythmia and severe neurocardiogenic syncope in the jail Cermak ER and ignored on the floor for hrs, suffered ischemia of the heart and a brief respiratory arrest when exposed to tobacco smoke in 2001 after a false arrest even though I told them I could not tolerate tobacco smoke – then when returned from the ER the medical staff failed to do the cardiac enzyme tests needed over 24 hrs to be sure I did not suffer a heart attack (I have the medical records).

I have been in 2013-2014 jailed for one year without bail for “touching an officer’s ear” during a PTSD flashback induced by Courtroom Services Sheriff’s Officers who misused information I gave to the Court Disability Coordinator Pacelli to trigger the flashback – then they failed to back off when I began to “misperceive ongoing events” crumbled to the floor and swung my hands around my head to block misperceived blows (due to flashback which is like reliving the nightmare in a daytime dream like altered state of consciousness) as well as grabbed out involuntarily to steady myself when pushed and picked up by them (due to my neurological disease and resulting balance issues). For more information see this link here.

I have now challenged the constitutionality of the Illinois battery statutes for making touching an officer a felony crime. Come to court at 2600 S California, room 506, Chicago on 7/13/16 at 10 am and hear Judge Cannon’s decision on this motion. For more info about this motion read here.

“This is the first time I’ve ever seen (a) judge let a criminal go because he was improperly charged,” said Frank Chapman. “I have never seen that before,” confirming the intellectual, intentional misconduct of Judge Porter in refusing to convict on involuntary manslaughter because “it was voluntary” and he should have been charged with murder.

Chapman believes the state’s attorney’s office and the police department have too close of a relationship to look at cases like these objectively. They say Servin is the first Chicago police officer in 20 years to be charged with killing someone.