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

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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 wrongessentially 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.

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

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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.

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

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UPDATE: Next court date March 23, 2018, 10 am RM 506, 2600 S California, Chicago

Motion to Dismiss 4 fraud on Grand Jury denied 1/9/18 – Shelton writing Motion for Substitution of Judge to be heard 3/23/2018

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).)

_______________________________________________________________

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

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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.

 

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

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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.

Shelton alleges Judge Dianne Cannon mentally incompetent and disabled versus maliciously corrupt

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UPDATE: 3-14-15 Judge Wadas quashed all Shelton’s subpoenas for witnesses concerning Judge Cannon’s misconduct and bias. He then cut off Shelton’s argument for substitution of Judge Cannon for cause (inability to remember discussions with court disability coordinator, violation of bail law, violation of fitness law, violation of due process in pervasive fashion, ignoring higher court precedent, quashing Shelton’s subpoenas for witnesses and discovery of documents needed for defense, etc) and essentially summarily denied Shelton’s Motion for substitution of judge for cause.

Please standup for civil rights and against pervasive violation of due process, habeas, right to compulsory process, etc., and against excessive force, officer’s false statements, violation of Americans with Disabilities act against a person suffering from PTSD and appear at every court hearing and trial for Shelton – next court date Aug 11, 2015 room 502, 2600 S. California in Chicago, IL. Then when he denies second motion for SOJ for Cause the case will instanter return to room 506.

Dr. Linda Shelton is falsely charged with felony aggravated battery to an officer for “touching an officer’s ear” during a  PTSD flashback in the courtroom, purposely triggered by officers, who were violating a court disability coordinator agreement not to trigger flashbacks and to back-off if one occurred; See: https://cookcountyjudges.wordpress.com/?s=court and   https://cookcountyjudges.wordpress.com/?s=court

Come to court and witness argument and Judge Wadas’ decision on this motion Feb. 20, 2015, 2600 S California, Chicago, rm 502 at 10 am.  Stand-up against judicial incompetence and violation of due process!! Dr. Linda Shelton has filed a motion for substitution of Judge Cannon for cause in her case. This is the initial summary in this motion. For full motion see: M for SOJ for cause 11-22-14 . For exhibits contact Shelton by email at picepil@aol.com to arrange to view them or obtain copies. For information about Shelton’s case read the motion and/or read this blog post here.

  1. Judge Cannon, continually over two years, except for the ten months of her absence, has conducted this case with such overwhelming and pervasive violation of statutes, violation of due process rights, violation of constitutional rights, and biased as well as irrational statements that she cannot be considered to have the capability to proceed in a fair manner. Her recent statements are so full of falsehood and confabulation that a case can be made that she is not fit to serve on the bench and should be examined by a psychiatrist for mental disability.
  2. Judge Cannon’s inability to remember discussing ADA accommodations with Court Disability Coordinator (“CDC”) Milissa Pacelli[1], inability to understand that Elgin Mental Health Center never treated Shelton for a mental disorder and they found her fit, thus J. Cannon’s continued accusations of unfitness and need for psychotropic medications appear to be bias or confabulation[2], inability to understand that J. Reddick – in her absence – had given Shelton extension of time to subpoena communications between the CDC and Sheriff staff on Oct. 3, 2013[3] , confused and irrational statements about whether Shelton had any medical records or had ever been in the courtroom[4] , false statements and pervasive violation of statutes and due process rights[5], and imaginary rulings by a judge who was never assigned and never appeared in this case[6], could either be knee-jerk confabulation due to early dementia or malicious misconduct. She has been very ill for months and it may be possible that she has not recovered sufficiently to continue as a judge or that she has unfortunately fallen into the depths of early dementia. The failure of the Assistant State’s Attorney and Assistant Public Defenders to step in and question her extreme, pervasive, and continuing statutory, constitutional, and factual errors is inexcusable misconduct.

[1] See transcript  summary and transcript 11/14/14 pp 24-25  & CDC Pacelli Shelton emails 1-1-13 on Exhibit CD [2] See transcript  summary and transcript 11/14/14 p 5 l 1-7, pp 24-25, EMHC Report of 10/31/13; letter from Dr. Galatzer-Levy; Report from Dr. Rappaport p 24 or Bates #1041; EMHC 10-31-13 report p 4 on Exhibit CD   [3] See transcript summary and transcript of 11/14/14 p 3-4, 12 where J Cannon does not appear to understand the reason for and function of court disability assistance Jeff Gertie, and calls  J Reddick’s orders a “civil case” ; Transcript 10/3/14 p 78-80 on Exhibit CD [4] See transcript summary and transcript of 11/14/14 p 20-22 on Exhibit CD [5] See entire transcript summary and all transcripts on Exhibit CD; See this entire motion. [6]See transcript summary and transcript of 11/14/14 p 6 where J. Cannon states J. Wadas denied Motion for Substitution of Judge In April 2013,  but J. Wadas never appeared on this case on Exhibit CD

Motion to declare Illinois battery statutes unconstitutional

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Come to court and stand-up for Shelton’s argument that the IL battery statutes are unconstitutional and are systematically abusive to defendants. 5/9/16 rm 506 2600 S California, 10 am, Chicago, IL

Malicious charges of felony battery can be charged for touching an officer with a piece of paper, bumping an officer when one is spastic, or minor touching with no injury such as touching a pointed finger against an arm. Outrageous sentences can be give for up to 30 years for such alleged crimes.

Outrageously malicious Cook County State’s Attorney, who refuses to listen to reason or discipline her out of control prosecutors has intensely targeted Shelton to shut her up about her complaints against corrupt judges, police, and attorneys. Shelton needs the public’s support to survive these 15 years of unrelenting attacks against her as a whistle blower with false arrests and malicious prosecutions.

Please, in a short letter, write the U.S. Dept. Of Justice Division on Disabilities here and request their investigation of the Cook County courts and Sheriff’s office for malicious prosecution of whistle blowers, denial of due process and denial of equal protection, as well as failure to follow the Americans with Disabilities Act, abuse of prisoners, and discrimination against minorities, particularly Blacks and Hispanics:

U.S.Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights- NYAV
Washington, D.C. 20530

Dr. Shelton, who is spastic, with hereditary intention tremors, severe balance problems where she reaches out and grabs anything involuntarily if pushed, and who suffers from PTSD after she was beaten by officers, is charged with felony battery for “touching an officer’s ear” resulting in no injury, because it was “insulting and provoking conduct.”

The officers purposely triggered the PTSD flashbacks during which she “misperceives ongoing events” due to the dream-like state or “altered state of consciousness” caused by the PTSD, then despite an agreement to accommodate her disabilities and “back-off” until the flashback  passed (during which she is confused, cowers, and is harmless) they jumped at her like a dog pack, picking her up off the floor and carried her to the lock-up. Next court date May 9, 2016, 10 am,  rm 506, 26th & California, Chicago, IL

One woman was recently convicted of kicking an officer in the shin with no injury, but because he claimed “insulting and provoking conduct” and because she has a prior felony conviction, she faces a MANDATORY minimum 6 year sentence! Read the news article here.

Read Dr. Galatzer-Levy’s letter about accommodations needed for Shelton’s psychiatric condition of PTSD (post-traumatic-stress disorder) here.

Shelton faces a possible minimum of 6 yrs for allegedly “touching an officer’s ear” during a court hearing, which the officer claims was “insulting and provoking conduct,” despite the fact the officers purposely triggered a PTSD flashback, for which the Court Disability Coordinator had been told and shown medical records proving Shelton is unaware of her surroundings during PTSD flashbacks and for which a letter from a psychiatrist instructed the court to prevent officers from triggering flashbacks and to back-off if they occur as Shelton would cower, cry, be confused and waive her hands around her head to protect herself against perceived blows (due to flashback symptoms of being attacked by officers-initially triggered by attacks for which she has photographic proof). This is a federal ADA violation because the court and its officers are required to accommodate disabilities and they were aware of and instructed about this PTSD disability. Under the law (court precedent) Shelton should not even be charged as the charges are invalid if caused by the victim violating the ADA (Americans with Disabilities Act). See: Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and related line of cases; see also Reed v. State of Illinois, 2015 7th Circ. 14-1745.

Click here to download full motion: Motion to declare Illinois battery statute unconstitutional

This motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because:

(a) they are discriminatory and therefore violate the Americans with Disabilities Act,

(b) they suffer from overbreadth thereby making innocent contact criminal,

(c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal,

(d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and

(e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person).

These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array of possible conducts, which are both unintentional and intentional, depending upon whom you believe.

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