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Judge Mary Margaret Brosnahan suspends habeas laws

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Habeas corpus is the last defense a citizen has against unlawful arrest without probable cause and wrongful conviction. This “grand writ” (or the most important kind of court order) has long historical roots from pre-colonial days in England. It means that the tables are turned and the State must justify keeping a person in custody.

Originally a feature of English law, the writ of habeas corpus has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. When the police falsely arrest you, seize you without probable cause, jail you on charges that are not part of the penal code simply to harass and inconvenience or for political reasons, hold you in jail without charging you, refuse to release you once your sentence has been served, convict you when you are actually innocent, then this is when a person needs the “grand writ”.

The United States Constitution,  guarantees a right to habeas corpus – to be brought before the court promptly and the State forced to justify why they are holding you as legal. This was re-inforced recently in the U.S. Supreme Court decision on Guantanemo Bay detainees, Boumediene v. Bush, who had been denied the right to petition for habeas corpus. The U.S. S. Ct ruled that the grand writ cannot be suspended in their case.

The United States Constitution specifically included the English common law procedure in the Suspension Clause, located in Article One, Section 9. It states:

The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.

The right to petition a court for a writ (order) of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. It has been used to force a prison to release a person when their sentence is over, to force a person’s release after arrest when the State has failed to charge them in a timely fashion, and to protect a person from arbitrary and unjustified arrest and incarceration.

Illinois law mandates that a judge hear a petition for habeas corpus promptly. It can be filed by an attorney, by the prisoner, or by a “person appearing on behalf of another” AKA “next friend” under federal habeas law.  There is no requirement that the prisoner be incapacitated for a next friend to file a petition for habeas corpus under Illinois law.  Habeas corpus is latin and literally means “We command that you have the body [bring the person to the court]”.

The law states:

 “Unless it shall appear from the complaint itself, or from the documents thereto annexed, that the party can neither be discharged, admitted to bail nor otherwise relieved, the court shall forthwith award relief by habeas corpus.” 735 ILCS 5/10-106

This order awarding relief simply means that the Sheriff holding the person in custody must bring them to the court and the state must  provide documents, evidence, and witnesses that justify holding the person in custody. The court must “examine” the reasons for holding the  person in custody to determine if the custody is lawful.

“Upon the return of an order of habeas corpus [bringing the body also known as the defendant to the court], the court shall, without delay, proceed to examine the cause of the imprisonment or restraint, but the examination may be adjourned from time to time as circumstances require.” 735 ILCS 5/10-119

If a judge refuses to hear a petition for habeas corpus or refuses to grant the relief (order the person to be brought before the court) there is a penalty that may be obtained from the judge.

“Any judge empowered to grant relief by habeas corpus who shall corruptly refuse to grant the relief when legally applied for in a case where it may lawfully be granted, or who shall for the purpose of oppression unreasonably delay the granting of such relief shall, for every such offense, forfeit to the prisoner or party affected a sum not exceeding $1,000.” 735 ILCS 5/10-106

The Illinois Attorney General or the State’s Attorney is required by law to prosecute the judge to collect this penalty.

“All the pecuniary forfeitures incurred under this Act shall inure to the use of the party for whose benefit the order of habeas corpus was entered, and shall be sued for and recovered with costs, by the Attorney General or State’s Attorney, in the name of the State, by complaint; and the amount, when recovered, shall, without any deduction, be paid to the party entitled thereto.” 735 ILCS 5/10-133

The Cook County Circuit Court local rule 15.2 states that “a person appearing on behalf of another” who files a petition for habeas corpus must appear “before the presiding judge.” That is how the habeas petition is initiated.

Cook County Circuit Court Rule 15.2

 (c) Petitioner without funds and without attorney.

(i) If the petition states the petitioner is without funds and the petitioner is not represented by an attorney, he shall submit a verified petition to the clerk. The clerk shall docket the petition and place it on the call of the presiding judge.

(ii) If the presiding judge finds that petitioner is without an attorney and without funds, the presiding judge shall appoint an attorney to represent the petitioner.

(d) Petition on behalf of another.A person signing a petition for writ of habeas corpus on behalf of another shall appear before the presiding judge in open court and may be examined as to his interest in or relation to the person on whose behalf the petition is presented.

On April 20, 2010 Dr. Linda Shelton filed two habeas petitions on behalf of Annabel Melongo, who is being held in county jail on excessive bail without probable cause. Judge Brosnahan has refused to hear motions to quash the charges based on lack of probable cause.

The first habeas petition concerns a charge of computer tampering, where Melongo is accused of accessing the computers of Save-A-Life-Foundation (now closed) and erasing all of their financial records. Computer IP numbers are like telephone numbers and identify the computers dialed from and called. Internet provider records are like telephone company records that prove what IP (v. telephone) numbers were dialed from and called. This is an accurate record.

The forensic computer examiner, Shahna G. Monge, who supposedly worked for the Illinois Attorney General’s office has disappeared. Her report claims that Melongo had an IP address (computer address unique to Internet Service provider) from Comcast. They said that address was used to remotely access the SALF computers. Yet Melongo did not use Comcast. She had an Internet provider contract with SBC.  The Illinois Attorney General’s office and the detectives on the case claim that Monge will not testify.  How do they have a case against Melongo when their “expert” who claims she had evidence against Melongo won’t testify? Where is the evidence?  Melongo has her SBC account bills to prove what she says and Comcast claims they have no records tied to Melongo.

A subpoena to Comcast, which the forensic computer examiner said was the Internet provider which had records of the SALF computer being tampered with produced a report from Comcast that Melongo did not have an IP computer number (address) with them and there was no record she remotely accessed the SALF IP number (address). Therefore, since the police report states that SALF IP number was accessed via Comcast from an IP number registered with Comcast, there is NO possibility that Melongo was the offender. 

Melongo had a contract for Internet services through SBC.  IP addresses unlike telephone numbers are UNIQUE to the Internet provider.  Therefore, there is no probable cause and charging Melongo and keeping her in custody on an outrageous bail is illegal and unconstitutional and violates her civil rights. The 4th Amendment to the United States Constitution guarantees that a person cannot be seized (arrested) without probable cause, nor can they be tried without probable cause.

Melongo has been going to court monthly while out on a $10,000 personal recognizance bail for three years fighting this accusation. The State has still failed to give her discovery (evidence) of the accusation that ties her with tampering with any computer. Statutory criminal procedure has not even been followed. She was at a job interview when she was supposedly arraigned. She confronted the court reporter with this fact and asked them why they falsified the court transcript saying she was there, when the attorney would testify she was not there. The attorney was so inadequate in representation that she fired him and represented herself for the last couple years.

Judge Brosnahan is so biased against Melongo (she is a dual citizen of Cameroon and Hait and has a heavy accent and writes legal papers very professionally and accurately), that she ordered a fitness exam to simply harass her (she has been declared fit after the exam) and has refused to date to have a hearing on Melongo’s motions to dismiss for lack of probable cause and fraud upon the court by the State (in claiming they have evidence when they don’t).

Melongo made a web site that details the charges, the players, and has scanned in all the evidence they gave her and the evidence she has that  proves her innocence. She designed this web site as a professional information technology consultant. She has nothing to hide. The State has lots to hide!

On the web site she has posted the recordings and transcripts of phone conversations she had with the court reporter. She wanted to document what she suspected was their criminal conduct in falsely writing in the transcripts that she was in court when “arraigned” when she actually wasn’t there.

Illlinois has a felony eavesdropping law that makes it a crime to record someone without their permission. There is an exception in that if one thinks they are recording evidence of a crime, they cannot be prosecuted. Melongo wrote on her web site that she thought the court reporters had falsified records and recorded the conversations under this exception to the law. She even states so on her web site.

Now the State has arrested and incarcerate Melongo for an additional charge of eavesdropping, although it is clear the exception applies in this case so there is no probable cause.

On April 20, 2010 after her bail was revoked due to violation of bail (being arrested again) Melongo was brought before Judge Brosnahan. Judge Brosnahan was told that Melongo has no criminal background except for the pending computer tampering charge. She was told Melongo is a dual citizen of Cameroon and Haiti and has a legal visa. She was told that Melongo had diligently appeared in court at all hearings that she was informed about for three years.

The prosecutor claimed she was a huge “flight risk” because she might be illegal and therefore they contacted immigration which put a “hold” on her so they could investigate. The prosecutor said she is “dangerous” because she tampered with a computer.  The defense attorney J. Nicolas Albukerk said this is all ridiculous as she has proven over three years NOT to be a flight risk and having dual citizenship does not make her a danger to anyone.  Albukerk noted that having dual citizenship is not a crime and does not make anyone an illegal immigrant. He noted that none of these alleged acts were crimes of violence and the eavesdropping charge had NOTHING to do with any threats or violence.

Judge Brosnahan in an outrageous act of judicial misconduct set bail at $500,000. This violates the constitution’s requirement that bail be reasonable.  Melongo is not rich. She has almost no resourcs left as no one will hire her over the last three years with a computer tampering charge pending. 

A call has gone out to Camerooneans in America for assistance to fight this injustice. Judge Brosnahan has no jurisdiction in these cases as there is no probable cause. Without probable  cause the charges are not valid and the indictments are void. To be held in jail on a $500,000 bail without probable cause is outrageous, illegal, unconstitutional and reveals that Judge Brosnahan is not fit to be a judge. She is continually violating the constitution and Melongo’s civil rights. She should be removed from the bench.

Judge Biebel was not available to hear the habeas petitions, so the criminal clerk called the Judge filling in for him – Judge Joseph Kazmierski.  In an act of judicial misconduct Judge Kazmierski refused to hear the habeas petition and said it was “not before him” because the case was assigned to Judge Brosnahan.

Shelton went to Judge Brosnahan’s courtroom, following the clerk who brought the files to the judge.  Judge Brosnahan, in an act of judicial misconduct REFUSED to hear the habeas petitions stating “you have no standing . . . only a lawyer or the defendant has standing . . . kick her out of the courtroom.”  Shelton protested, trying to get this rogue and ignorant judge to read the law and follow the law, without success and was kicked out of the courtroom.

Shelton went to Judge Kazmierski and asked him to order Judge Brosnahan to hear the petitions. He refused saying he had no standing to do so. He was derelict in his duties as a judge in refusing to hear the petitions for habeas corpus. The habeas corpus petitions were new civil cases according to the Illinois Code of Civil Procedures and according to Circuit Court Rules he should have heard them and issued a habeas order to bring the defendant to court to determine if she was being legally held.

Both Judge Kazmierski and Judge Brosnahan therefore committed an act of knowingly violating statutory law which the U.S. Supreme Court has declared to be an act of treason.

Judicial Trespassers of the law

The Illinois Supreme Court has held that “if the magistrate has not such jurisdiction, then he and those who advise and act with him, or execute his process, are trespassers.” Von Kettler et.al. v. Johnson, 57 Ill. 109 (1870)

Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers.” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)

The Illinois Supreme Court held that if a court “could not hear the matter upon the jurisdictional paper presented, its finding that it had the power can add nothing to its authority, – it had no authority to make that finding.” The People v. Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no legal authority (jurisdiction) to hear or rule on certain matters before them. They acted without any jurisdiction.

When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law,and are engaged in treason (see below).

The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962) held that “not every action by a judge is in exercise of his judicial function. … it is not a judicial function for a judge to commit an intentional tort even though the tort occurs in the courthouse.”

When a judge acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter jurisdiction and the judge’s orders are void, of no legal force or effect.

The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that “when a state officer acts under a state law in a manner violative of the Federal Constitution”, he “comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.” [Emphasis supplied in original].

By law, a judge is a state officer.The judge then acts not as a judge, but as a private individual (in his person).

Violation of judge’s oath of office

In Illinois, 705 ILCS 205/4 states “Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form:

‘I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.'”

In Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2 states, in part, that “The several judges of the circuit courts of this State, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation, which shall be filed in the office of the Secretary of State:

‘I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of judge of ______ court, according to the best of my ability.'”

Further, if the judge had enlisted in the U.S. military, then he has taken a third oath. Under Title 10 U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent part, as follows: “I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; …”.

The U.S. Supreme Court has stated that “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”. Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958).

Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason.

Having taken at least two, if not three, oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason (see below).

If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888)

Violating the constitution includes violating the laws of the state of Illinois as the U.S. Supreme Court ruled that when a criminal procedure is statutory, then it invokes the due process clause of the 5th amendment. Violation of the statute by the judge is a violation of federal due process. If this is intentional, then it is “waring” on the constitution.

When a judge violates the law, their orders are void, a nullity.

The law is well-settled that a void order or judgment is void even before reversal. “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.” Vallely v. Northern Fire & Marine Ins. Co.,  254 U.S. 348, 41 S.Ct. 116 (1920)

The elements of lack of jurisdiction may include [issues pertinent to case at bar are in brackets]:

  1. Defective petition [indictment in case at bar is legally insufficient, as no probable cause], Brown v. VanKeuren, 340 Ill. 118, 122 (1930).
  2. Fraud committed in the procurement of jurisdiction [detective told grand jury that Melongo had an IP address with Comcast], Fredman Brothers Furniture v. Dept. of Revenue,  109 Ill.2d 202, 486 N.E.2d 893 (1985).
  3. Fraud upon the court [perjury before the grand jury and law fraudulently presented to grand jury in case at bar], In re Village of Willowbrook, 37 Ill.App.3d 393 (1962).
  4. The court exceeded its statutory authority [State Statutes and constitution do not allow a judge to have jurisdiction when there is no probable cause, also violation of 4th Amendment. ], Resenstiel v. Rosenstiel, 278 Supp. 794 (S.D.N.Y. 1967).
  5. Where a complaint states no cognizable cause of action against the party [no crime as specified by statute is alleged in the fatally flawed indictment obtained through fraud as there is no probable cause], Charles v. Gore, 248 Ill.App.3d 441, 618 N.E.2d 554 (1st Dist. 1993).
  6. Where the public policy of the State of Illinois is violated [constitution is violated when a person is held for trial without probable cause], Martin-Tregona v. Roderick, 29 Ill.App.3d 553, 331 N.E.2d 100 (1st Dist. 1975).

Therefore, Judge Brosnahan has no jurisdiction to preside over a trial of Melongo for computer tampering or for eavesdropping because there is no probable cause and therefore no jurisdiction for a criminal case.

Treason by a judge

Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. No judge has immunity to engage in such acts.

The prosecutor is Cook County States Attorney Anita Alvarez with the assistance of the computer crimes division of the Illinois Attorney General, Lisa Madigan.

Of note:  Lisa Madigan was “friends” with the director of SALF, Carol Spizzirri, and assisted her in obtaining grant money from the State of Illinois through Madigan’s father, Speaker of the Illinois House Michael Madigan. They now cannot account for most of the grant money SALF received from donors including the federal grants. Spizzirri is a know liar and commits fraud. She wrote on her applications for federal grants that she is a nurse, yet she is not a nurse. She has been labeled a pathological liar by Wisconsin courts. Her ex-husband has evidence that their now deceased daughter had an order of protection against Spizzirri.

It is thought by Melongo that they are framing her to cover up the fact that the funds from government for SALF were obtained fraudulently and they do not have financial records to account for them. How convenient to blame Melongo for remotely accessing their computers and “erasing” the data. Where’s the money Spizzirra and Madigan?  The FBI has yet to arrest those involved in this fraud.

For more information see: 

SALF Exposed

Dr. Shelton Appeals Wrongful Conviction Due to Misconduct of Judge Kazmierski

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I have now filed my Illinois Appellate Court appeal of my wrongful conviction for aggravated battery of a correctional officer. Sgt. Anthony Salemi had attacked me, falsified his records, committed perjury, and with the help of Nifong-like prosecutorial misconduct of ASAs Andrew Dalkin and John Maher and extreme judicial misconduct by Judge Joseph Kazmierski, I was convicted and sentenced to two years in the Illinois Dept. of Corrections plus one year of mandatory supervised release.

I served the minimum 6 months and the full supervised release and was not able to appeal due to illegal conduct of staff at the Cook County Dept. of Corrections and Illinois Dept. of Corrections where I was held and due to damage to my health requiring several hospitalizations within the last year since my release on March 27, 2008 from prison. The damage to my health was a result of torture at the CCDOC and IDOC by ignorant, sociopathic, poorly trained officers and incompetent medical staff (with the exception of Dr. Baker). The social workers even told me they purposely were told not to allow me to use the law library. My medications were withheld in illegal acts of willful indifference to medical needs.

I have informed the FBI and asked them to prosecute for felony conspiracy to violate rights under color of law, etc.

I will never forget the comment to me at CCDOC by Sgt. Molevetti “We got you on one made charge so I can write anything I want and get you on another.” Officer Levy said the same thing. It appears that falsification of records is common practice at CCDOC. We need to take him down and jail him too!

As soon as I win this one, the mother of all civil rights suits will be filed against these creeps. Any officer who has aided and abetted this wrongful conviction is a target in my book to be arrested, removed as an officer, and jailed for felony conspiracy to violate rights under color of law under federal law.

I strongly suggest that ANY officer or CCDOC staff who has knowledge about this wrongful conviction march over to the FBI on Roosevelt Road, ask for a duty agent and confess and turn in the corrupt officers and sergeants. The time is NOW to clean up the CCDOC and get rid of decayed and dead wood! If you don’t turn them in, you are part of the corruption and are condoning it! I have no sympathy for you!

You can read my appeal and the evidence of innocence and Sgt. Salemi’s guilt along with the incompetence of Inv. Sofus, as well as the prosecutorial misconduct at: https://cookcountyjudges.files.wordpress.com/2014/08/appeal-brief-for-publication-6-10-09.doc

Shelton Requests Chief Judge Evans Resignation

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STOP ILLINOIS CORRUPTION

Linda Lorincz Shelton, Ph.D., M.D.,

Founder and Chief Executive Officer

708 952-0040

 

April 19, 2009

 

Chief Judge Timothy Evans

Circuit Court of Cook County

50 W. Washington, Rm 2600

Chicago, IL 60602

 

        Dear Judge Evans:

            Thank you for your response letter of April 20, 2009. I understand your concerns not to involve yourself in judicial decisions concerning other judges. However, decisions on indigency petitions are not judicial decisions. They are administrative decisions. As chief administrator of the courts you are responsible for the employees under you including the judges, the clerk, and the court reporters. As you have now willfully refused to do your job and actually are condoning many criminal acts committed by judges under you, the Sheriff’s staff, the Court Clerk, and the Court Reporters, I MUST NOW ASK ON BEHALF OF THE CITIZENS OF COOK COUNTY FOR YOUR RESIGNATION. It is not acceptable for the Chief Judge of the Circuit Court of Cook County to engage in willful denial of due process on such a large scale, and at the same time to abdicate his responsibility as an administrator. The net result of your crimes is that you are participating in running the Circuit Court of Cook County as a criminal enterprise.

            It is clear from your previous responses to my concerns that you have no intention of doing your job as an administrator. Your court reporters have defied and still are defying court orders to prepare and file transcripts in 05 CR 29530 [correction – 05 CR 12718]. The Illinois Appellate Court has also violated their oaths of office and the law by failing to enforce Judge Kazmierski’s order to prepare free transcripts and file them.  Therefore, Federal Judge Coar has ruled in 09 C 105, a habeas corpus petition on this case, that the Appellate Court through their actions has waived the right of the State of Illinois to insist I exhaust State remedies with direct appeals and a petition for habeas before the Illinois Supreme Court. He is hearing my habeas petition on this [wrongful] conviction where a Cook County Correctional Officer, Sgt. Anthony Salemi, attacked me, falsified his records, perjured himself in court, and the Judge, Kazmierski, committed gross judicial misconduct and the prosecutors, Andrew Dalkin and John Maher committed gross prosecutorial misconduct resulting in an unfair trial denying me due process. Then Judge Kazmierski illegally sentenced me to two years in IDOC, refused to stay sentence pending appeal, in violation of U.S. Supreme Court Holding in Cunningham v. California, 127 S. Ct. 856 (2007). I fully expect to be vindicated and for the Sgt. to be arrested and convicted of official misconduct and other crimes and for the prosecutors to be charged with prosecutorial misconduct and punished appropriately.  Judge Kazmierski should be disciplined and I intend to find a way to hold him accountable in a court of law or before the JIB and press.

            Judge Maddux is running a criminal enterprise called the Law Division, which denies pro se litigants in particularly the constitutional rights to redress of grievances and due process. He does this by running an illegal and unconstitutional operation called the “Black Line Trial System” of which you are fully aware and condone.  He also illegally denies indigent petition and then violates law by ordering his clerks not to promptly give the litigant a copy of their petition and his order concerning the petition.  I have now publicized this misconduct and criminal RICO violation on the Internet. As you know Sheila Mannix has also documented and publicized the RICO operation run by the Family Court Division and its judges, which you apparently also condone. See:

Judge William D Maddux, in collusion with Sheriff Dart and Clerk Dorothy Brown, as well as with approval of Chief Judge Timothy Evans runs the Law Division of the Circuit Court of Cook Count as a Criminal Enterprise in violation of RICO. The following has been provided to the FBI and posted on my blogs:

 https://cookcountyjudges.wordpress.com/2009/05/19/judge-maddux-dismisses-torts-with-dual-court-assignments-for-same-case-hidden-black-line-trial-call-rico-violation/

 http://illinoiscorruption.blogspot.com/2009/05/judge-maddux-runs-law-division-cook.html

 Circuit Court of Cook County Family Division is Criminal Enterprise and committing RICO violations. See federal RICO suit brought by Dr. Sheila Mannix:

 1:09-cv-00103

 Dorothy Brown’s Clerk’s Office has violated Supreme Court Rules and failed to transmit a notice of appeal in a criminal case, as well as has refused to pepare a record of appeal in that case, along with permitting and condoning her staff in stealing court files from pro se litigants, extorting money from indigent litigants, and causing false arrest of indigent llitigants, as noted in above Internet blogs. As you are fully aware of these crimes and have failed to act to stop further crimes and remedy the above, you are aiding and abetting in such criminal acts, as well as attempting to cover them up.

 You are also fully informed that Judge Schultz, Gainer, Alonso, Pantle, Beibel have blatantly violated law, including Illinois Supreme Court Rules and United States Supreme Court Holdings. I also have evidence of misconduct of at least a half dozen other judges including Judges Kuriakos Ciecil, Brosnahan, Petrone, and Donnelly.

 http://illinoiscorruption.blogspot.com/2009/04/presiding-criminal-court-judge-paul-p.html

 http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html

 http://illinoiscorruption.blogspot.com/2009/01/criminal-acts-il-attorney-general-lisa.html

 http://illinoiscorruption.blogspot.com/2008/12/save-life-dr-maisha-hamilton-bennett.html

 http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook_04.html

 http://illinoiscorruption.blogspot.com/2008/12/lawless-corrupt-incompetent-wacko-cook.html

 As Chief Judge of the Circuit Court you are responsible for referring judicial

misconduct to the JIB and you have failed to do so. You are also responsible for judicial assignments, yet you leave judges who blatantly violate the law in positions of authority and supervision over other judges. Your failure to do you job is not only irresponsible, but I believe purposeful.

             I have also fully informed the FBI about the above schemes and crimes, as well as your refusal to do your job. I believe these acts amount to felony theft of honest services, felony conspiracy to violate rights under color of law, felony violation of rights under color of law, obstruction of justice, extortion, fraud, official misconduct, and wire fraud, as well as other crimes including felony RICO violations.

             I respectfully therefore, as a citizen on behalf of the people of Cook County ask for your resignation as Chief Judge of the Circuit Court of Cook County.

Sincerely,

Linda Lorincz Shelton, Ph.D., M.D. 

CC:

FBI

State Police

Cook County State’s Attorney

Cook County Board

Select Advocacy Groups and the Press

Judge Angela Munari Petrone

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I’ve only had one experience with this judge who says the following about herself:

”I’m detail oriented,” Petrone said, when asked about her strengths. ”I think I can listen well, take good notes, try to have a good temperament, yet keep control of the courtroom and stay abreast of the law.”

I strongly disagree with her statements. She is unfair and immoral in my book. She is high on her horse and needs to be brought down a few notches and given a piece of humble pie.

On October 10, 2007 I was unlawfully arrested by Sheriff staff including Sgt. Rachel E. Wright at the entrance to the Clerk’s office at 555 W Harrison courthouse, when I had gone there to simply pick up a paper from the Clerk for a pending case.

I successfully went through the magnetometer without it beeping or lighting up. The officer at the scanner looked in my bag and saw my hand-held nebulizer with battery pack and back-up cord, the liquid medication I carry for it, an EpiPen I inject myself with (auto-epinephrine injector for medical emergencies) and she took it out and eyeballed it. I had an order from another judge in another courthouse allowing me to bring in this critical medical equipment. I cannot use regular “nebs” because I have a chemical sensitivity to the gas propellant in them.

I noticed a plain clothed middle aged black gentlman of medium build looking at the monitor as I was passing through the security entrance. After the deputy put the electrical cord back into my emergency medical bag (which I have had to use several times in courthouses before an ambulance arrived) he yelled that a person can’t bring a cord into the courthouse. I thought he was a nut case and yelled that this was none of his business and that the cord was medical equipment and I had always been permitted to bring it into courthouses, and that this medical bag never leaves my side.

He confronted me at the Clerk’s door with a male deputy and then Sgt. Wright who had NOT seen me go through the security entrance successfully. I actually have obtained a video showing the magnetometer DID NOT light up and that the deputy handed my medical equipment back to me and didn’t stop me from leaving the security entrance and entering the courthouse.

Sgt. Wright arrested me for trespass to state-supported land which is a facially invalid complaint as they had no statement on the complaint about the REQUIRED second element of such a charge  – that the person was interrupting someone’s use of the building – and the video showed I wasn’t interrupting anyone, but simply was being harrassed and illegally arrested by Sgt. Wright – who had seen me MANY times bring the medical bag into the courthouse. During the arrest the plain-clothed man identified himself as the Asst. Chief Sheriff in charge of the courthouse – A/C Gary Allens.

Sgt. Wright committed perjury in another case saying that the magnetometer beeped and that I tried to sneak in a cord. My bail was revoked on the other case because of this testimony! I clearly tried to sneak in NOTHING – as the video shows the deputy handling the cord and giving it back to me. I also showed the judge in the other case the medical bag, back up electrical cord, equipment in it, and the order form another judge allowing me to bring in this equipment! Judge Joseph Kazmierski in a grotesque act of judicial misconduct refused to view the video – that I got from the Sheriff’s office by court order! He should be removed from the bench.

Judge Petrone a short time later set bail at an obscene $25,000, and ordered me held without bond until brought the next day before Judge Kazmierski on the additional charge resulting from this of violation of bail, without stating a reason for giving a handicapped 53 yr old woman with no criminal record except for a recent wrongful conviction for battery of an officer (I was convicted of kicking a larger male officer from my wheelchair with my partially paralyzed right leg like a ninja – a physical impossibility for me – see:

http://illinoiscorruption.blogspot.com/2008/10/my-remarks-to-corrupt-judge-prosecutor.html

) and refused to view the medical equipment, or order form another judge allowing it in the courthouse, or allow me to talk about it.

Judge Petrone was impatient, rude, arrogant, and simply rubber-stamps the prosecutor no matter how ridiculous the lies with total disregard of the defendant.

I will be filing a petition for adjudication of criminal contempt against Sgt. Wright and civil rights suits for false arrest and malicious prosecution.

As an indigent and handicapped person who is a whistle blower against corrupt judges and police, it is clear that Judge Petrone has no independent or impartial and fair bone in her body. She has ten years experience as a prosecutor and clearly intends to rubber-stamp their wishes without question.

She simply aided and abetted the illegal arrest and malicious prosecution in retaliation for my whistle blower activities against her buddies. She should be held accountable for this judicial misconduct – characterized by this excessive bail for a misdemeanor – for a person who had PERMISSION to bring the alleged “cord” into the building, was ill, has strong ties to the community, and assists in the care of an elderly parent, and has no convictions except for one bogus felony where I was convicted of the impossible – attacking a larger male from a wheelchair and causing “soreness” to the chest.

Judge Petrone owes me an apology and should throw the book at the State and Sgt. Wright for this prosecutorial and police criminal misconduct.

I find it obscene and highly inappropriate to put Judge Petrone in felony court and allow her to set bail and rubber-stamp more prosecutor’s cases with bias, arrogant, and misconduct.

Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute

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

My case is a conviction for aggravated battery of a correctional officer. In fact, I had been assaulted and battered by Cook County Department of Corrections Sergeant Anthony Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against Plaintiff falsely alleging I attacked him, in retaliation for me complaining about the Cook County Department of Corrections violating my civil rights. (Denying Constitutional and statutory rights to medical care, access to courts, free brief phone call to family and attorney)
 
I was in jail for a 30 day sentence for criminal contempt because I told Judge Kathleen Pantle that she was violating the law in the pending fraudulent case involving a fraudulent charge of Medicaid vendor fraud (trial scheduled for February 17, 2009  rm 207 criminal court building 26th and California – all are invited) and had no jurisdiction and then said I was leaving to preserve the issue for appeal and she found me in contempt when I turned around and attempted to leave the courtroom quietly.
 
Sgt. Salemi stated that when he entered my cell, after sending away the female unit officer (in violation of rules that male officers may not enter female cells alone except in emergency), I attacked him while in a wheelchair and forcing my way through the door by ramming him with my wheelchair “skinning his shins” and then after this knocked him down and he stood up, “kicking him in the chest with my RIGHT leg.” This is despite the fact that I have a partial right hemiparesis with impairment of my RIGHT leg so that I can not kick it with force above the waist, the wheelchair was broken and difficult to move, I have congenital injury to the spine causing life-long weak arms and shoulders making it difficult to move the wheelchair forcefully, and I was on the sixth day of a dry hunger strike (protesting denial of access to courts and denial of medical care), intensely dehydrated and unable to stand for more than a few moments due to weakness from the dehydration. My physicians gave unrebutted testimony affirming these facts. The state had no expert witnesses or physician witnesses.
Sgt. Salemi lunged in, grabbed  my neck choking me, then flung me out of the wheel chair while pulling the wheelchair from under me causing large contusions to the back and inner thighs (3 X 5 and 4 X 6 inches) as well as bruises on my arm in the form of his fingers, contused knee upon which I landed, and a severely contused toe that got caught in the wheelchair. All of this was documented and the jury ignored it.
 
I was wrongfully convicted because of a biased jury. The jury became biased because of extreme Nifong-like prosecutorial misconduct by Assistant States Attorneys Andrew Dalkin and John Maher, and by outrageous denial of due process and abuse of judicial discretion by Judge Joseph Kazmierski, all of which grossly denied me a fair trial.
 
I was illegally sentenced to prison instead of probation, in violation of Cunningham v. California, 127 S. Ct. 856 (2007), and the Statutes of the State of Illinois. 
 
At CCDOC and IDOC I was illegally abused and punished for refusing to walk (IDOC staff falsely claiming I was faking my multiple medical conditions and physical handicap) during the reception process, including a life-threatening assault on me with an ammonia inhalant (purportedly given to prove I was faking a collapse and asthma attack, but which was NOT documented in records at IDOC), but which exacerbated the attack, caused brief unconsciousness and is contraindicated in asthma, as well as denial of medical care. The IDOC staff are attempting to conceal the documents about Plaintiff’s reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to me.
 
The habeas petition contains all the details of the perjured testimony by Sgt. Salemi and other Sheriff officers as well as the proof of my innocence and their falsification of records. My habeas petition contains all pertinent references to the transcripts and record on appeal and all issues on appeal. 
http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009 
The Illinois Appellate Court 1st District has now four times denied my motions to compel the court reporters to prepare a free set of transcripts and file them with the court so that my appeal can move forward. The court reporters have refused this direct order of both the trial court and appellate courts. Judge Sheila O’Brien denied another such motion on 2-5-09. This is unconstitutional and a violation of her oath of office that amounts to felony theft of honest services and conspiracy to violate my civil rights under color of law.
Judge O’Brien is OBLIGATED by U.S. Supreme Court previous rulings (stare decisis) to ensure that I am NOT prevented from filing transcripts for my appeal. Failure to enforce her court’s and the trial courts orders is a dereliction of duty and her oath of office that amounts to the federal crime of theft of honest services.  It also is a deliberate attempt to impede my appeal which is a Constitutional right. This amounts to the federal felony crime of violation of civil rights under color of law and conspiracy to violate civil rights under color of law.
Judge O’Brien has brought the court into disrepute because of her incompetent, and/or purposeful, and/or malicious in violation of the Constitution’s mandate that convicted persons have a right to an appeal. She should be impeached.
Federal Judge Coar agrees with this in general because he has ruled that the actions of the Illinois Appellate Court amount to a State willful waiver of their right to insist that I exhaust state remedies (appeals) before proceeding with a Federal Petition for Writ of Habeas Corpus to overturn this wrongful conviction based on actual innocence, as well as grotesque prosecutorial and judicial misconduct.
Please consider assisting me with donations to my legal fund and showing up for trial on 2-17-09 on the last charge I am defending. Judges tend to follow the law more and make less unconstitutional rulings when they have an audience. That is why I promote the concept of court watchers. Juries tend to have less bias against the Defendant when they see family and others showing the defendant support by filling the gallery.
Unfortunately my family is small, ill, and distant and no one can come to court. Any support in any fashion in my legal, political, and personal health struggles is appreciated.

Judicial Misconduct of Judge Joseph Kazmierski under Review by Federal Court

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The Federal Court is now reviewing my Petition for Writ of Habeas Corpus to overturn my wrongful conviction for battery to an officer where Judge Joseph Kazmierski and Prosecutors Andrew Dalkin and John Maher wrongfully convicted me through extreme judicial misconduct and prosecutorial misconduct. Cook County Correctional Officer – Sgt. Anthony Salemi had attacked me, falsified his records, said I attacked him, committed perjury at trial and intimidated others to support and cover-up his actions.

State’s Attorney Anita Alvarez Condones Nifong-Like Prosecutorial Misconduct – Federal Judge Coar Rules IL Appellate Court Violates Rights to Appeal

I, Dr. Linda Shelton, was wrongfully convicted of aggravated battery to a correctional officer on December 3, 2007. I have tried to appeal but the Illinois Appellate Court has illegally impeded my appeal. Fortunately Federal Judge Coar on January 14, 2009 has agreed with me and my case is now before him on a petition for writ of habeas corpus. I am optimistic that it will be granted. Cook County State’s Attorney Alvarez should withdraw the charges and ask for the case to be expunged due to extreme Nifong-like prosecutorial misconduct and perjury of the state’s witnesses as well as actual innocence. She is defending the state in the habeas proceedings. She should be held accountable if she fails to acknowledge these facts. See:

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

Judge Coar in federal district court on 1/14/09 agreed with my petition for writ of habeas corpus that by refusing to enforce the trial courts order for the court reporter to prepare transcripts and file them with the court clerk, the state has impeded my right to a direct appeal and collateral state remedies and therefore has waived their right to insist that I exhaust state remedies. This is allowed under 28 U.S.C. section 2254 (b)(1)(B)(ii) and Lane v. Richards, 957 F.2d 363, 365 (7th Cir. 1992).

This means he has ruled that Appellate Judge Sheila O’Brien and P. Scott Neville Jr. by denying my multiple motions to compel court reporters to follow the trial court orders to prepare and file my transcripts with the court clerk, have committed an act that amounts to the state waiving their right to insist that I exhaust state remedies before seeking a fed writ of habeas corpus. This is also a violation of their oaths of office.

Cook County State’s Attorney Anita Alvarez has been ordered to reply within 21 days and reply to my motion for stay of sentence (parole) within 20 days.

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

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

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

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

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

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

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

 

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

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