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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.

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

 

Activists ask U.S. Supreme Court to appoint special master to review and correct lawlessness in Cook County Courts

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This motion to the United States Supreme Court requests that the high court consolidate the issue of lawlessness (denial of civil rights including right to petition for writ of habeas corpus, due process, compulsory process, trial by jury, right to counsel, speedy trial, substitution of judge for cause [bias] and ADA accommodations) in three cases before the court: 12-6561, 11-10814, and 11-10790. It exposes the pervasive and systemic ignorance, maliciousness, cover-up of corruption, and denial of civil rights by judges throughout the Circuit Court of Cook County.

The cases which the activists, Linda Lorincz Shelto, PhD, MD, and Mr. David Bambic are requesting to be consolidated over the issue of appointing a special master to investigate the Cook County Courts and institute systems of oversight of the judges and judicial education including civilian, non-court related oversight include the following three cases:

Motion to consolidate cases over issue of lawlessness in Cook County Courts exhibited by Judges: Michael McHale, Joseph Kazmierski, David Haracz, Peggy Chiampas, Jorge Alonso, Veronica Mathein, Kathleen Pantle, Marie Kuriakos Ciesil, Mary Margaret Brosnahan, Kenneth J. Wadas, Colleen A. Hyland, Noreen Daly, William D. Maddux, Timothy Evans, and E. Kenneth Wright Jr.

Original Petition for Writ of Mandamus for violating habeas corpus rights and holding persons for trial without probable cause.  Case No 12-6561

Exhibits for above: Volume 1, Volume 2, Volume 3.

Original Petition for Writ of Mandamus in United States Supreme Court due to Trial Court (Judge  Peggy Chiampas) ignoring due process and civil rights (speedy trial, compulsory process, ADA accommodations, substitution of judge for cause [bias]).  Case No 11-10814

Motion for rehearing of 11-10814 after dismissal without comment.

Motion to add two more questions for rehearing concerning refusal to allow petition for writ of habeas corpus to be filed and heard in 11-10814

Original Petition for Writ of Certiorari (appeal) to U.S. Supreme Court regarding lawlessness (violation of trial rights, compulsory process [discovery], refusal to follow Illinois Statutes, and use of hearsay for decisions) Case No 11-10790

Dr Shelton asks U.S. Supreme Court to appoint special master to remove corruption in Circuit Court of Cook County

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On this site and in their pleadings before the Circuit Court of Cook County, the Illinois Appellate Court and the Illinois Supreme Court, Dr. Linda Shelton, Dr. Sheila Mannix, David Bambic, Milijana Vlastelica, Frank Epstein, Sandra Padron, Karyn Mehringer, Mic Gerhardt, Maisha Hamilton, Vernon Glass, Naomi Jennings, Annabel Melongo, Davy Cady and many others have shown that the Circuit Court of Cook County has allowed its judges to disregard constitutional rights such as due process, speedy trial, the right to petition for writ of habeas corpus, the right to receive notice and discovery before trial, the right to have enforced state laws as to trial and court procedure, and the right to confront witnesses against them and not have court decision made based on hearsay.

The extreme lawlessness that Shelton has documented on this site is now before the United States Supreme Court in three Petitions for Certiorari and for Mandamus and five more are in preparation. You can read them in the links at the end of this post.

In the pleadings that follow, David Bambic and Linda Shelton are asking the United States Supreme Court to review this extreme lawlessness that has caused wrongful decisions in their cases, but that also is so pervasive that hundreds if not thousands of divorce cases, orders of protection cases, criminal cases, probate cases, and child custody cases must be overturned or retried.

The state of anarchy in Cook County due to judicial ignorance, corruption, misconduct, arrogance, and maliciousness is so extreme, so harmful to children, families, the elderly, and innocent accused of crimes particularly whistle blowers who are being retaliated against, as documented in these three U.S. Supreme Court proceedings that Shelton has requested the U.S. Supreme Court to appoint a special master to review the policies and procedures of the Circuit Court of Cook County and to institute a judicial education and supervision program so that the right to petition for writ of habeas corpus, the right for a speedy trial, the right to compulsory process, the right to notice and discovery before trial, as well as other rights guaranteed by the Bill of Rights including due process or following the statutes and rules of the state and the federal codes and rules are preserved and no longer violated pervasively.

Shelton now calls for Cook County Board President Tony Preckwinkle to fire Chief Judge Timothy Evans for failure to ensure that the judges in the Circuit Court of Cook County follow the Constitutions of the United States and Illinois and the laws of the State of Illinois and these United States.

We can no longer allow this pervasive, malignant lawlessness to run our courts in Cook County and be steered by the corrupt government officials and police officials that have been doing so.

U.S. Supreme Court Petition for Writ of Mandamust concerning refusal to hear petition for writ of habeas corpus and false arrest and conviction for filing a next-friend petition for writ of habeas corpus, as well as summary (no trial) conviction and sentence of 16 mo in jail for criminal contempt for filing the habeas petition as a non-attorney (the judge declared this illegal) despite the fact that Illinois law allows it: 735 ILCS 5/10 et seq.

The links to the Appendices for this petition (3 volumes)  is as follows:
http://www.scribd.com/doc/105036484/U-S-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-in-Circuit-Court-of-Cook-County-Appendix-Volume-1
http://www.scribd.com/doc/105037752/U-S-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-in-Circuit-Court-of-Cook-County-Appendix-Volume-2
http://www.scribd.com/doc/105042475/United-States-Supreme-Court-Petition-for-Writ-of-Mandamus-lawlessness-Circuit-Court-of-Cook-County-Appendix-Vol-3
 The supplement to this petition that was filed with the U.S. Supreme Court is as follows:
David Bambic’s Petition for Writ of Certiorari concerning a divorce case where he wrongfully, unconstitutionally, and unjustly lost custody of his children and falsely is accused of being dangerous to his children due to lies and hearsay from his drug addicted ex-wife, Catherine Wood, who was given custody, while the court is refusing to acknowledge that the Departmentof Children and Family Services invested the accusations against him by his ex-wife and determined them to be unfounded which proves the judge’s orders for custody and the divorce are illegal and void.

Corrupt Judges Jorge Alonso and Kathleen Pantle kill innocent defendant Vernon Glass

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Corrupt Judges Jorge Alonso & Kathleen Pantle cause death of innocent defendant Psychological Counselor Vernon Glass. Read about it here.

Wrongfully Convicted Asks Jurors to Read Appeal – Then Help Correct Their Error – Brought on by Extreme Prosecutorial Misconduct

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I want to publicly ask the 12 jurors who wrongfully convicted me to read my appeal, find out what was withheld from them illegally; find out what lies were told by the prosecutor and what judicial misconduct was done by the judge that denied me a fair trial. Then tell me they still think I’m guilty. 

I believe jurors should be held accountable and should have to read the appeal.  If they then think I should have been found innocent, they should speak out about the corrupt system and how prosecutorial and judicial misconduct was used to bias them and wrongfully convict me.

My appeal can be read at the following link:

http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

The jurors names and general place of residence are as follows, which is public record, as they were stated in open court and their names are signed on the guilty verdict form. I wrote them after the trial asking them to review information that was withheld from them and to tell me if this would have changed their decision. NOT ONE had the courtesy to write me with an answer. I promised not to write them again, so I am simply putting this on the Internet and hoping their conscience bothers them enough to read it and correct their harmful mistake as the right thing to do:

William Moldenhauer          Northwest Side of Chicago

Francine Prisby                      Arlington Heights

Joanne Goodloue

David Bennett                          North Side of Chicago

Cayetano Silva                       Northwest Side of Chicago

Betty Jackson                         South Side of Chicago

Margaret Polovchak             Northwest Suburb of Chicago

Donna Smith                           South Side of Chicago

Brian Tobola                           Southwest Side of Chicago

Sarah Iwema                           Northwest Suburb of Chicago

Ana Arroyo                            Southwest Side of Chicago

Linda Engeman                     South Cook County

If any of these people have the guts to contact me, they can do so at my e-mail address:

picepil@aol.com

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 Paul P. Biebel Jr Violates Supreme Court Denies Appeal

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Judge Paul P. Biebel Jr. has again violated stare decisis in snubbing his nose at previous United States Supreme Court Rulings and the United States Constitution.

I filed a Notice of Appeal in case no. 04 CR 17571-03 regarding the issue of personal and subject-matter jurisdiction. IT IS CLEAR THAT THE COURT NEVER HAD JURISDICTION. See: 

http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html

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

The trial court under the following judges in succession violated my rights by holding court without jurisdiction and failing to dismiss and vacate the case ab initio based on lack of jurisdiction: Judges Crooks, Fox, Pantle, and Alonso. All these judges are intellectual midgets who need guidance by studying case law. They all make baseless knee-jerk decisions violating higher court rulings and are unable to handle making decisions of law except for basic common variety criminal case issues. They should be barred from any case with complex federal laws or unusual questions of law.

I went to trial on February 17, 2009 and was found not guilty by the jury on Febrary 24, 2009. I am NOT appealing the verdict. I am appealing the jurisdictional pretrial rulings where Judges Fox, Pantle, and Alonso claimed that “Federal Law does Not Apply in this Case” [Judge Alonso] despite the fact that Medicaid is a joint federal state program; that “I don’t care” [Judge Pantle] in response to my complaint and request to argue the jurisdictional issues; and denials of motions to dismiss for insufficient indictment [see:

http://illinoiscorruption.blogspot.com/search/label/Indictment ], and for

violation of statute of limitations, for illegally impaneled grand jury, for misstatement of the law to the grand jury, for extensive perjury of the State witness to the grand jury, for violation of speedy trial statutes, for violation of the Supremacy clause, for failure to state a valid charge, and for lack of personal and subject-matter jurisdiction because the sham prosecutor IL Attorney General Lisa Madigan has no legal authority in Illinois to independently appear before a grand jury, obtain an indictment, or prosecute a case without the invitation, review of evidence and decision of charges, consent, and at least minimual participation of the County State’s Attorney – which was never done in this or similar cases.

I filed a Notice of Appeal per IL Supreme Court Rules on March 9, 2009 stating I was appealing the jurisdictional issues and not the verdict. By IL Supreme Court rules the Clerk is REQUIRED to transmit the Notice of Appeal to the IL Appellate Court, and the Circuit Court loses jurisdiction once the Notice of Appeal is filed.

The Clerk of the Circuit Court has in violation of her oath of office to follow the law refused to transmit the Notice of Appeal to the IL Appellate Court because she was ordered by Presiding Criminal Court Judge Paul Biebel Jr (not trial judge) not to transmit the Notice of Appeal or prepare the Record on Appeal.

Therefore, Judge Biebel’s order is null and void as he had no jurisdiction to make it and the Clerk MAY NOT follow it. I spoke with Dorothy Brown, Clerk of the Circuit Court today and she promised to look into this and get back to me.

In addition, stare decisis due to United States Supreme Court opinions specifically allows appeals in criminal cases where there have been not guilty court findings IF 1. there is a controversy and 2. if the double jeaopardy clause is not invoked by a new trial being required upon reversal of the trial court rulings. See United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, (1975); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978); and King v DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974).

In my case there are three controversies that survive the not guilty verdict: 1. jurisdiction, 2. clerk retaining 10 % of the bond would be illegal if the bail orders are declared void when the court is declared to have had no jurisdiction, and 3. pending civil rights suits against AG Madigan and J Pantle for malicious prosecution, wrongful pretrial incarceration, and other torts are only valid if these persons lose absolute prosecutorial or judicial immunity. The only time they lose immunity is if the case is totally void and there is proven to be no jurisdiction – which is the case in this instance.
Double jeopardy is NOT INVOKED if I should lose the appeal of the jurisdictional issues as this would only mean that the case was valid and the not guilty verdict would stand. If I win the appeal and it is declared that there never was jurisdiction of the court or the prosecutor, then Clerk Dorothy Brown must return the $1100 she retained as 10 % of the bond because the bond orders would become void and the case against AG Madigan and Judge Pantle would proceed.

I have not decided between several options as to how to cause Dorothy Brown to prepare the record on appeal and transmit my notice of appeal. The right thing for her to do is to inform Judge Biebel that she refuses to violate Supreme Court Rules, United States Supreme Court rulings, and her oath of office and that she would not honor his illegal and void order, but was transmitting the Notice of Appeal to the IL Appellate Court and was preparing the record on appeal.

I could also make a motion to the IL Appellate Court requesting that they order Dorothy Brown to transmit the Notice of Appeal and prepare the record on appeal, as well as voiding Judge Biebel’s illegal order. I could also ask for the Illinois Supreme Court to do the same under a Motion for Supervisory Order or Motion for Mandamus.

Judge Biebel’s conduct is a violation of his oath of office, an illegal penalty on the exercise of my constitutional rights, official judicial misconduct, a violation of IL Supreme Court Rules, a violation of the United States Supreme Court Opinions (stare decisis or precedent), unethical, immoral, discriminatory, retaliatory, and criminal.

Judge Jorge Alonso Overturns Federal Medicaid Code – Denies Mental Health Care to Illinoisans on Medicaid!

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Dr Linda Shelton, who has devoted her life to service of others and particularly to providing medical and mental health services to the poor, although found innocent on a wrongful charge of Illinois Medicaid Fraud, simply for trying to help people on Medicaid obtain mental health care, has suffered a civil death of defamation and destruction of her career and Illinoisans on Medicaid are still largely denied mental health care. Please read the following and help any way possible. I thank anyone who will help me.

This is a story epitomizing government corruption and greed, retaliation against whistle blowers, and gross government incompetence brought on by decades of fraud, patronage, and nepotism in Illinois.

Judge Jorge Alonso ruled on my  criminal case where I am charged with Medicaid fraud that “substitute billing is illegal”. This is where a doctor sends a bill to the insurance company for services performed by his employee such as the service of a nurse administering a vaccine or a psychologist administering a psychological test, or a cast technician applying a cast. In my case the Illinois Attorney General claims that if a doctor bills Medicaid for counseling (for drug addiction, post-traumatic-stress disorder after rape, obsessive-compulsive disorder, depression, dementia, etc.) if the counseling or psychological testing was done by an employee and not directly by the physician then it is a felony crime.

If substitute, also known as incident to, billing is illegal than ALL doctors in Illinois are guilty of a felony crime of fraud! God Help Us! Judge Alonso is so eager to railroad me and convict me that he is violating his oath of office to uphold the laws of the land and the constitution. Due process, guaranteed by the Bill of Rights REQUIRES that he follow the law. He is BLATANTLY violating the law, either maliciously or ignorantly due to his arrogance, incompetence, bias to run and support the alleged prosecutor AG Lisa Madigan, or his ego.

Physicians are NOT trained to do psychological testing for personality disorders or mental illness. Psychologists at the master’s and Ph.D level are trained to do so. These tests are invaluable in helping determine the right diagnosis and the right course of treatment. Judge Alonso has ruled that those on Medicaid are not eligible for this type of evaluation and treatment as a result of his illegal and unconstitutional ruling.

Many non-physicians are licensed in Illinois and all states to provide Psychiatric & Psychological Services:

1. nurses 225 ILCS 65,
2. clinical psychologists 225 ILCS 15,
3. licensed social workers 225 ILCS 20,
4. licensed clinical professional counselor 225 ILCS 107,
5. licensed marriage and family therapist 225 ILCS 55 and 68 ILAC 1283

Judge Alonso’s illegal ruling denies all of these people the RIGHT to practice their profession and denies the citizens of Illinois on Medicaid the Right under the Federal Medicaid Act to access to care equivalent to the care provided in the community.

Federal Judge Joan Lefkow ruled in August 2004, at the end of a 12 year civil rights class action suit that “Illinois Medicaid Policies and Procedures are in Violation of the Federal Medicaid Code because they Deny Access to Care” to children on Medicaid. This ruling is applicable to all Medicaid patients but the ruling only applies to children. It needs to be expanded to cover all Medicaid patients.

The Federal Medicaid Code, 42 U.S.C. 1396A(a)(30)(A), [regarding adults and children covered under Medicaid and the EPSDT program] REQUIRES any State Medicaid program funded by the federal government to provide care equivalent to that obtainable from private insurers in the community to Illinois Medicaid clients.

Therefore, Judge Alonso’s ruling is unconstitutional, unfair, illegal, and amounts to his ruling to overturn the Federal Medicaid Code as well as Illinois Statutes licensing non-physician providers of mental health services. As > 80 % of mental health services are provided by non-physicians this essentially shuts out mental health services to all but a few in Illinois who are poor.

The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination.

As to my case, I am charged with billing for mental health services never done and substitute billing for mental health services between June 2000 and April 2002 while “working” at Right Frame of Mind & Associates (RFOM). Over the last six months when I obtained access to the old business records for RFOM I discovered the fact is that the year before I started working for a group practice called RFOM, part-time providing chart review for quality, consultation about medical and psychiatric policies and procedures, and limited patient care, two woman, who were partners with the CEO and without the knowledge of the CEO, in 2000 fabricated hundreds of patient encounter forms (filled out by doctors or therapists as to what patient they saw, the diagnosis, and what service was provided), that are later translated into bills or invoices by the billing agent, for services they never did. These two women, Itadel Shalabi and Nareman Taha never met me as they were fired before I started working there in 2001.

I had major neurosurgery in July 2000 due to a congenital spinal problem that was crushing my spinal cord and leading progressively towards quadraplegia. I was incapacitated for six months and heavily sedated with narcotics and other drugs for much of that time. I had agreed in early 2000 at the request of the CEO to be one of a dozen or more part-time medical directors to oversee quality of care, screen for medical disorders mimicking psychiatric disorders, help train the counselors to write better notes (many were foreigners with good counseling skills but a little difficulty with English writing), advise the CEO on best medical practices and standard of care, and provide physician services to patients needing medications.

I or my staff while I was in hospital gave the CEO my Medicaid provider number and other necessary documents so that the company’s billing agent Louise Moore of Data Medical Works could sign me up with Medicaid as a provider for the group so that they could bill for my services when I began to work, if I recovered, in 2001.

Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers – another center with its own enabling State Statue).

Under the Community Mental Health Service Act mental health groups that become certified bill Medicaid under the Center’s name and not under the doctor’s name. They also contract with the Illinois prisons, and/or DCFS (Illinois Child Welfare) or other agencies to provide comprehensive mental health services. They must have at least one medical director, but the director is an administrator and doesn’t have to see patients. Ph.D. psychologists or doctors or licensed mental health providers can supervise non-physician mental health service providers and bills can be sent in to Medicaid under the center’s name for all these services.

Ms. Moore ignorantly thinking (falsely) that her contract allowed her to sign the names of Right Frame of Mind employees on to any form signed my name in August and December 2000, without my or the CEO’s knowledge or consent, on a power of attorney form, an alternate payee form, and a blue cross/blue shielf electronic partner trading agreement form, which are all required to allow her to translate the patient encounter form to an electronic invoice and send it over the wire to BC/BS for adjudication, who then sends it to Medicaid, who then pays abut 30-40 cents on the dollar to the Alternate Payee (in this case RFOM).

Ms. Moore had spoken to the Medicaid Provider Service Unit about how to register the non-physician providers to bill Medicaid. She was told that non-physicians cannot bill Medicaid, was NOT told that a better way to bill was as a community mental health center or how to sign the group up as a community mental health center, and told that all bills (invoices) had to have a doctor’s name as the provider.

Then Ms. Moore, without my or the CEO’s knowledge changed the provider name in preparing invoices from Itadel Shalabi’s and Nareman Taha’s fraudulent patient encounter forms to my name so she could bill under my Medicaid Provider Number. I don’t believe that Ms. Moore had ANY knowledge of the fraudulent nature of the Patient Encounter Forms made by these two women.

Therefore the ghost billing charge is a result of ID Theft, resulting from both fraud by these two women and a comedy of errors by incompetent people advising Ms. Moore in the Medicaid Provider Service Unit, as well as her own blundering ignorance. I am totally innocent having not participated in any way in generating these bills or in receiving or using the money paid for them by Medicaid.

Ms Moore unfortunately is also guilty of mass fraud in all the work she has done in the past decade or more. It is illegal for an insurance biller to bill Medicaid based on a contract where they are paid by the percentage of funds received form Medicaid by the provider. Ms. Moore charged around 8% of all billings. This is illegal and considered fraud as it ties the billers service, which has nothing to do with the medical care provided, with the doctor’s service. Therefore, if she billed for a $100,000 procedure by a heart surgeon she would be paid $8,000 for sending in one bill, while when a family doctor bills $100, she would be paid $8. Providers of services to doctors are NOT ALLOWED to tie their services to the income from the actual medical provider. She MUST BILL ONLY by the piece of work such as $8 per bill. However, she has not been indicted for Medicaid Fraud and has not been sued by RFOM for Fraud in holding herself out to be an expert on billing when she was not.

The second aspect of the charge is substitute billing. I signed a Power of Attorney Form and Alternate Payee Agreement in August 2001. I was informed by the CEO sometime in late 2001 or early 2002 that the group was told by Ms. Moore that the counselors’ and psychologists’ services had to be billed under a doctor’s name so that bills on patients I had seen, but for dates of service when they were seen by a non-physician were being billed under my name. I had assumed that the billing agent was competent and doing the billing properly. I had assumed that substitute billing for employees services in mental health care was as legal as billing Medicaid for my nurse giving a patient a vaccine. I had no idea at the time that anyone considered substitute billing illegal. I had no knowledge that Ms. Moore had actually sent in tens of thousands of dollars worth of bills under my name before August 1, 2001 based on documents she forged and the fraudulent patient encounter forms from the above two women. Therefore, I told the CEO that was fine. I was not involved in billing or administration of the group except to fill out patient encounter forms when I saw a patient. I had a good faith belief that all was well.

I had also had an agreement that being part-time the business would limit my patient panel to 200 patients as I did not feel that part-time doctors should supervise the care of any more patients than this number.

Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Sentators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid.

In late 2001 Ms. Lovett, Ms. Collins and others from the Office of Inspector General Medicaid contacted the RFOM and claimed that they needed to review some charts as a “standard review of a new practice to help us comply with the rules”. We completely complied and Ms. Lovett came out in 2001. She told the CEO the charts were well done and she would give us a report in 90 days. The CEO was actually very happy about this review because he wanted to make sure that our group practiced with the highest quality and had the best quality charting in the business. They never gave us a report or any feedback and their only response was to initiate a felony prosecution which culminated in the indictment of selectively me (and not one other of the dozen or so medical directors doing the same job – perhaps because only the CEO and I were whistle blowers about Illinois Governement Corruption and mistreatment of children in foster care and on Medicaid by the State) and the CEO.

After a number of months with NO feedback and strange comments from the Illinois State Police Medicaid Fraud Unit (part of the Illinois Attorney General’s Office), where the CEO had gone to inform them that he was concerned abut the integrity of our medical records because he had fired Itadel Shalabi and Nareman Taha for other administrative misconduct and inappropriate behavior with patients and they stole a hundred or so medical records (eventually returning parts of them) I began my own investigation of the rules of Medicaid. The State Police have not arrested them yet.

The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this “routine review” concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status. The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.

Beginning in 2002, I researched the Federal and State Medicaid rules, policies, and laws so that I would be able to meet my fiduciary duty to participate in running the corporation at least from an advisory point of view. I discovered the following and this is why I told the CEO in mid 2002 and maintain this belief, that substitute billing is perfectly legal and actually REQUIRED by the Federal Medicaid Code as well as NOT PROHIBITED by Illiniois Statutes or Illinois Adminstrative Rules:

Federal and State Medicaid laws are extensive, complex, and immensely confusing. The State of Illinois is misusing them to indict doctors, psychologists, administrators of psychiatric and psychological practices for “Medicaid Fraud” when they are actually following federal law and providing needy services including counseling, drug treatment, suicide prevention, etc. Attorney General Lisa Madigan and Jim Ryan before her have targeted especially those groups run by whistle blowers, in order to falsely claim they are tough on fraud, to prevent Illinois from paying the bill for mental health services for the poor and needy on Medicaid, and reduce the bottom line.

A claim of “tough on fraud” will help AG Lisa Madigan win election as Governor. Failure to provide mental health care including drug addiction and alcoholism treatment leads to increased crime as drug addicts, alcoholics, and those that are so out of touch and mentally ill find alternatives to legitimate work to feed their habits or survive. Failure to provide adequate mental health care at the front end leads to much higher costs in the long run.

Code of Federal Regulations 42 CFR 414.34 states:
“Payment for services and supplies incident to a physician’s service”
“(b) Services of non[-]physicians that are incident to a physician’s service. Services of non physicians that are covered as incident to a physician’s service are paid as if the physician had personally furnished the service.

United States Code42 U.S.C. § 1396d(a)(5)(A)
requires reimbursement for “physicians’ services furnished by a physician.”

Code of Federal Regulations 42 C.F.R. § 440.50
The HHS rule implementing the Medicaid Act defines “physician services” to include services provided:
“(a) within the scope of practice of medicine or osteopathy as defined by State law; and
(b) by or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy.”

United States Code42 U.S.C. §1396a(a)(32)(C)
Congress further authorized substitute billing under Medicaid for services furnished:
“by, or incident to the services” of another physician

Federal Regulation66 Fed. Reg. 55268
HHS makes clear in its preamble to this rule that it does not restrict the type of auxiliary personnel who may perform a given “incident to” service: “We deliberately used the term any individual so that the physician (or other practitioner), under his or her discretion and license, may use the service of anyone ranging from another physician to a medical assistant.”

Code of Federal Regulations42 CFR 411.15
“Particular services exclude from coverage” specifically states that:
“(m) (3) Exceptions. The following services are not excluded from coverage:

•(iii) Nurse practitioner and clinical nurse specialist services…

•(v) Qualified psychologist services,”

FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL
•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).
The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.

State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)
•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers
•Private insurance pays for psychiatric services provided by counselors and psychologists
•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO

42 U.S.C. 1396a(a)30(A)
A State plan for medical assistance must
Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are … sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area“,

Ambiguous State Laws Must be Interpreted to Conform to Fed Law
•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,
•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.
•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).

I (SHELTON) CONTINUES HER OWN INVESTIGATION OF BILLING PRACTICES – 2002-2005

•Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. She also discovered the Illinois Community Mental Health Center Code.

Illinois Administrative Code (IAC)
89 IAC 140.12

“Services Not Covered by Physician”
DOES NOT MENTION psychiatric services by non-physicians

Illinois Administrative Code
89 IAC 140.400(a)
“Payment to Practitioners”
“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”

Illinois Administrative Code
89 IAC 140.411

“Covered Services by Physicians”
“The Department shall pay physicians for the provision of services not otherwise excluded which are:
. . .
c) Provided by the physician or by a member of the physician’s staff under the physician’s direct supervision

Illinois Administrative Code
89 IAC 140.413

“Limitations on Physician Services”
that “limitations” on physician’s services include that psychiatric services will be paid for if they are “. . . provided by a physician . . .” [It does not exclude non-physician services and it is a reasonable inference to conclude the definition of “physician” include the services of non-physician employees, under the doctor’s supervision as defined in 89 IAC 140.400 & 411]

How does this negate previous definition of “physician services” which include incident services by his employees?

UNCONSTITUTIONAL STATE CLAIM
State falsely claims use of word “physician” in 89 IAC 140.413 negates definition of
“physician services”, which includes incident services by physician’s employees as defined in 89 IAC 140.400(a), 89 IAC 140.411

State falsely claims that federal law does not apply and statutory construction rules don’t apply
Judge Alonso previously illegally ruled that the Federal Medicaid Code does not apply in this case despite the fact the Illinois Medicaid is a joint federal/state program partially funded by the Federal Medicaid Code!

IAC TOO VAGUE
•Criminal Laws are invalid if too vague to understand (“void for vagueness doctrine”)
•Illinois Administrative Code too vague in sections:
89 IAC 140.12,
89 IAC 140.400,
89 IAC 140.411, and
89 IAC 140.413
Illinois Administrative Code
•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?
•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?

STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)
Specific Controls over General
•89 IAC 140.400 & 89 IAC 140.411
more specific “physician services” includes non-physician employee services
•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician

Federal Law Rules
42 CFR 414.34
Services by Physician’s staff are billed as IF the Physician Performed the Services Himself

If State and Federal Law conflicts, Federal Law Rules
Due to the Supremacy Clause of the United States Constitution

FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:
• 42 USC 1396d “Definitions For purposes of this chapter
• (r) Early and periodic screening, diagnostic, and treatment services

•The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:
• (1) Screening services –
• (A) which are provided –
•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;
• . . .
•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”

STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•89 IAC 140.485 states:
•“Healthy Kids Program
•Program Description
–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:
•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health
•…
•8) Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,
•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:
•“5/19. Healthy Kids Program
•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”

Dr Shelton was a Medicaid Registered EPSTD Provider

Therefore ANY REASONABLE person would conclude that the law permits substitute billing for mental health services whether it be another physician covering for the doctor, or a non-physician supervised by the doctor or her colleagues. If you don’t agree than the void for vagueness doctrine should clearly negate and prevent any criminal charges for substitute billing.

I am innocent and destroyed. I was found not guilty by jury verdict on February 24, 2009, but I have still suffered a civil death of defamation and loss of career due to this illegal attack on me by corrupt IL Atty Gen Madigan, corrupt State Police Medicaid Fraud Control Unit Investigator William Reibel, and incompetent, arrogant, malicious judges Kathleen Pantle and Jorge Luis Alonso. This is my reward for devoting my life to service particularly of the poor and needy. If you want to help reverse this civil death and obtain mental health care for those on Mediciad, contact the Illinois Reform Committee and flood them with letters. Contact the U.S. Attorney and FBI and flood them with letters. Contact your legislators and Congressmen and flood them with letters asking for congressional and legislative hearings. Contact the press. Donate to my legal fund anything possible to help reduce the more than $40,000 debt. I need tens of thousands of dollars. Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd Floor, Chicago, IL 60623. Thank you if you help.

Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute

with 6 comments


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

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