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Family courts practicing medicine without license results in destroying kids & family finances for profit

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by M Gerhardt

One of the biggest injustices in the courtroom is the unauthorized practice of medicine.  What I mean by that is that everyone thinks they are mental health experts, although none went to medical school.  Guardian Ad Litems (who are lawyers by statutes – we’ll get to that in future legislation.) have no problem with diagnosing parents and children, even though the GAL/Lawyer has absolutely no training in mental health, nor are licensed to practice medicine.  Hell, every lawyer in the courtroom has no problem with diagnosing the opposing Party’s clients and the children.  Now I know that many of you think that the judges do the same.  No they don’t.  They weigh the evidence (I know, that is arguable), listen to the experts (okay, maybe not) then makes a legal Finding.  I really wish I could bad-mouth judges here, but I can’t.  Well, maybe I can because for them to get to this point they should follow certain rules and procedures regarding evidence and testimony before making a Finding. Being Family Court, they do not.

 

Ignoring most of the above, what does this have to do with HB4113?  It’s that the lawyers of the ISBA and the Family Court judges are calling legislators and telling the legislators that Illinois HB4113 is not in the “best interest” of children.  Hmm, we see boatloads of (real) experts (mental health professionals) saying that shared-parenting is in the “best interest” of children, then we have the legal folks who make tons of money creating fights between parents over children by weighing-in on something they have no knowledge of.

 

Judges and lawyers (ISBA) are not mental health professionals.  Not even close.  “Best interest” is a mental health issue.  So when a judge/ISBA is stating that a certain Bill (HB4113) is not in a child’s best interest, but the parents’ best interest, we should point out that “best interest” is mental health determination, and that neither the judge, lawyers, or ourselves are mental health professionals (unless we are).  And if you are a mental health professional, or have some training (educators?), then say that you have knowledge of the field.

 

As a side note:  My belief is that judges who advocate in support/oppose legislation are in violation of Separations of Powers under the Constitution.  But we already know that Constitutional Issues are ignored in the Family Courts.  So why would we be surprised that judges would ignore the Constitution outside the Courtroom?  Strangely, I rarely hear of non-Family Law judges weighing-in on legislative matters, much less weighing-in as aggressively as Family Law judges do.

 

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Cook County Judge Jessica O’Brien Indicted

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A politically connected Cook County judge, Jessica O’Brien, was indicted on federal mortgage fraud charges.

Written by Linda Shelton

April 25, 2017 at 10:49 pm

Posted in Uncategorized

Judge Raymond Myles murdered

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My great sympathy is expressed in this sad announcement about the murder of Honorable Judge Raymond Myles, age 66, during what is thought to be an attempted robbery, although it has not been ruled out that it could have been connected to a case.

He was known as a talented and fair judge who often pushed defendants to complete their GEDs.

He presided for two decades over many criminal cases including several high profile cases such as the murder in of famous singer Jennifer Hudson’s family member, as well as seven murders at a chicken restaurant.

Other judges and court personnel at the 26th St Criminal courthouse are shocked and grieving. This is a tragic loss for the criminal Justice system. Our prayers go out to his family and friends.

Written by Linda Shelton

April 12, 2017 at 3:01 am

Posted in Uncategorized

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

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

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

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

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

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

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

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

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

Update 12/9/16: UPDATE – On 12/9/16 Judge Cannon granted Motion to rewrite the order denying Motion to Declare Battery statute unconstitutional so that Shelton can immediately appeal it; however, when a crazy detainee bolted and ran into Shelton trying to escape on 12/9/16 Shelton was slightly injured and hearing rescheduled for 1/20/17 when order will be written and Shelton will finish her argument that charges are void due to prosecutor’s fraud upon the grand jury.

Update 7/13/16: she denied motion to declare battery statute unconstitutional – next motion claims charge  void as fraud on grand jury & ADA violated when officers used disability to trigger harmless “criminal act” of touching officer’s ear charged as felony  battery with up to 14 yr sentence

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

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

It is particularly abusive and unconstitutional as it violates the ADA (Americans with Disabilities Act) in that in this case against Shelton the Court Disability Coordinator, Melissa Pacelli, had been given written documentation by a psychiatrist and other physicians that Shelton suffers from PTSD (post-traumatic-stress disorder) due to having been previously beaten by Sheriff and Chicago police officers and during flashbacks triggered by specific actions of officers as a result of the PTSD she “misperceives ongoing events” (becomes confused believing she is being attacked by officers) and that male officers should not yell at her and grab her, but should “back-off” if a flashback occurs as Shelton is “inherently non-violent”, as well as because she cowers, is fearful, and crys, as well as may defensively waive her arms around her head thinking she is defending herself or may reach out suddenly to prevent herself from mis-perceived falling during flashbacks if pushed as she suffers from congenital and acquired severe balance problems requiring the use of a walker and if pushed she grabs out involuntarily to keep from falling. Thus, they should wait until the flashback is over and she understands what is going on when one occurs, rather than rush her, grab her, and push her. Such actions by officers will cause Shelton to unintentionally touch officers and this fact is sufficient to be an outrageous reason to charge Shelton with felony battery that has as a sentence a possibility of as much as 14 years in prison.

As intent is a required element of the crime of battery, during flashbacks, Shelton is unable to form intent to harm an officer due to the PTSD and balance issues if she is pushed, particularly by loud and aggressive male officers, and the criteria for felony battery is unconstitutional according to Shelton due to the fact that a disabled person without intent can be charged with felony battery merely for touching an officer under such a circumstance.

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

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

Written Motion to Declare Battery Statute Unconstitutional

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

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

Oral argument by Shelton

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

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

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

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

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

Supreme Court Rule 304(a) provides as follows:

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

_______________________________________________________________

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

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

Who will help disabled and elderly whose estates are stolen by forgery & fraud?

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Who is willing to publicize this? All the evidence will be provided to anyone who requests it – it is voluminous so there will be numerous emails.

Which lawyers are willing to take this case and do class actions about this?

What government agencies will walk the walk on this issue and not just talk the talk?  So much is said that help is available, but in reality it is not!!

If anyone wants to help, then I will meet with them and give you all the evidence on a silver platter!

Also sent to the FBI tip line as follows:

I sent this to HUD.gov

I sent the following Email to Fannie Mae about  a disabled  person who inherited a lot of money and a home that should have gone into a special needs trust and a land trust with a life-time interest in it. However corrupt lawyers in league with corrupt officials including several local police conspired to steal the estate by forging a deathbed trust by manipulating a mentally ill sister of the disabled person – then bribing a judge to ignore the proof of forgery and fraud, as well as proof of the intention of the deceased (transcripts from court in another case explain decedent’s concerns & prove sister mentally ill and unable to manage his affairs) and the testimony in court of the mentally ill sister that she was unable to handle the affairs of the deceased.  No trial or due process evidentiary hearing ever was allowed.

Then these corrupt attorneys stole the estate of the deceased by charging exorbitant attorney fees ($1 million dollars). This is a scheme they are using throughout the Cook Co IL area to steal estates from elderly and disabled persons. Can you help me find an attorney to help and get the FBI and US Attorney to investigate? 

I already sent the evidence and info to the U.S. DOJ Disability section and have not even received any acknowledgement that they received it.  I am scared that the disabled person will be evicted and homeless and the criminals will get away with their crimes.

EMAIL TO FANNIE  MAE’s SERVICER = SETERUS 4-15-16

I am a disabled beneficiary of a trust. A bunch of corrupt attorneys influenced a mentally ill family member to forge a deathbed trust for my father and bribed a judge to ignore transcripts of what my father said and the family member testifying they are too mentally ill to manage anything and ignore proof of the  forgery.

Then they made false domestic violence complaint later dropped to jail me so they could have court proceedings without me and steal my inheritance and home as well as evict me.

Even the forged trust said the first thing they must pay off was a mortgage on a condo they put me in after they evicted me from the home I should have inherited and stole my property.

Now I find out you have started foreclosure proceedings on the condo where I don’t want to live because these criminal did not pay the mortgage so I will be homeless.

I would like to join forces with you to get criminal charges against these  criminals and sue the law firms to get damages and my $500,000 inheritance  which was supposed to go into a special needs trust and the and cost of the home they sold that I should have inherited which was supposed to go into a land trust where I have a life-time interest in living in it.

The law firms took advantage of my mentally ill sister and essentially stole a $1.5 million estate with excessive and unnecessary fees. I need help from a big time law firm as these are top attorneys with political connections to corrupt officials in Illinois including the attorney general.

The local police were influenced to refuse to take criminal complaints from me. 

I reported this to the FBI but they have not contacted me as to whether they even received my complaints. It took me several years to gather the evidence to prove all the above.

Would you be willing to join with me as co-Plaintiff to recover the damages? I really need assistance as I have been reduced to poverty while disabled. I will give you all the evidence you need if you can help find a law firm to take this case.

These corrupt lawyers are doing this with a lot of elderly or disabled people in order to steal estates.

Judge Loza destroys black fathers

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Here is another example of judicial misconduct and denial of due process in family courts in Cook County that destroy children’s relationship with their parents. http://unlawful1.blogspot.com/2015/12/judges-police-hate-african-american-men.html?spref=tw

Illinois please stop treating marijuana possession as a felony

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In Illinois possession of 4 ounces of marijuana is a felony. It is that felony that allowed them to charge my husband a specific way and give him 20 years for 4 ounces and possession of a gun. The gun was not used or even touched..just in arms reach… he was charged as if he committed a violent crime when he did not.

We are not asking for his release just that he be charged with what he actually did.

Would u please consider reading and signing my petition. I’d love for u to share it too if possible. If not it’s all good. Thank you in advance ♡♡♡

https://www.change.org/p/il-governor-il-attorney-general-please-stop-treating-marijuana-charges-as-violent-offenses

Written by Linda Shelton

April 20, 2015 at 11:59 pm

Posted in Uncategorized

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