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Posts Tagged ‘14th Amendment

Cook County Circuit Court Judge Chiampas suspends 6th Amendment right to compulsory process and speedy trial, violates Illinois Statutes for Substitution of Judge – in acts of treason

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Shelton has filed an United States Supreme Court Petition for Writ of Mandamus against Circuit Court of Cook County Judge Peggy Chiampas for ordering denial of compulsory process, denial of speedy trial, and violation of statutes for substitution of judge for cause.

Judge Chiampas even issued a warrant on a case that Shelton won a year ago and set bail for this misdemeanor of $25,000. She also arrested Shelton for going out into the hall when she was ill, violating the U.S. Americans with Disabilities Act. In addition, she issued two bails on one case and has issued excessive bails.  Judge Chiampas is not fit to be a judge as she has no understanding of basic constitutional rights.

Judge Chiampas is incompetent, narcissitic, rude, and dangerous to the public. She needs to be immediately removed from the bench and subjected to mental health evaluation. Presiding Judge Wright and Chief Judge Evans should be held accountable for allowing this nut case to remain on the bench. She is only concerned about railroading people through her court in a rush to judgment so she can clear the calender that has been loaded up with so many cases due to misconduct of other judges. The chief and presiding judges have placed her on this call to clear the calender and have paid no attention to her incompetence and misconduct. Her courtroom is nothing more than a Salem Witch trial. Please help get this nutcase off the bench.

Judge Peggy Chiampas is so ignorant of the law that she doesn’t  understand that she cannot strike a motion for substitution of judge for cause.  She had the gall to tell Shelton that she was considering allowing her to refile the motion. Shelton on June 13th, 2012, told Chiampas in court that she had not jurisdiction, that she lost it when Shelton had her courier file a Motion for SOJ Chiampas for Cause.  Shelton said she didn’t need her leave to refile it as Chiampas’ order to strike it was VOID ab initio according to higher court case law.  Chiampas then said she was granting leave to file. Shelton said she no longer recognized Chiampas as the judge on the case and every order she makes is VOID and without jurisdiction.

See Shelton’s Petition for Writ of Mandamus to U.S. Supreme Court here and her petitions for writ of habeas corpus here (will be scanned in shortly).

See Shelton’s 1st Supplement to Petition for Writ of Mandamus to U.S. Supreme Court here.

See Shelton’s Motion for Stay of Cook County Court Proceedings in 09 MC1 223774 pending U.S. Supreme Court rulings here.

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UPDATE:

Shelton made a motion for Substitution of Judge for Cause, because of Judge Chiampas history of lawlessness, and it was filed by a courier on May 29, 2012.  Judge Chiampas said it was stricken on May 29, 2012, a day Shelton did not come to court because Chiampas refused to transfer the case to the presiding judge and had ordered Shelton to come to court on May 29, 2012 and submit to a trial that day, but Chiampas had ordered that Shelton could not have witnesses (Chiampas had stricken motions to compel Clerk Brown and Sheriff Dart to produce evidence – names of witnesses. Both Brown and Dart are deliberately ignoring the subpoenas, which is a criminal act). On June 13, 2012 Shelton was in court, in custody after she had surrendered at the FBI buildling on June 8, 2012. Shelton had taken this extra time and not shown up in court so she could write a Petiton for Writ of mandamus to the US Supreme Court and file Petitions for Writs of Habeas Corpus to have these bogus cases dismissed and to order a fair trial – force the judge to be replaced and force compliance with subpoenas as well as force the court to follow speedy trial laws and the constitution  concerning compulsory process of witnesses and other laws.

The jail staff have purposely and maliciously in the past when Shelton was illegally incarcerated prevented her from having paper and pen and access to the courts, so that she had to make sure any motions were written before she surrendered.  These legal filings by Shelton apparently were noticed by Presiding Muncipal 1 Judge Wright who ordered that Judge Harmeling would hear the SOJ for Cause Motion, despite Judge Chiampas striking it.  Judge Chiampas on June 13, 2010 also ordered the states attorney to meet with Shelton who showed them that two of the case numbers were the same case and Clerk Brown had made one of her numerous clerical errors – so the state dropped one of the cases. Then Chiampas ordered Dart and Brown to have their lawyers in court on June 20 and ordered them on June 20th to comply with the subpoenas.  This is AFTER Judge Chiampas had stricken with prejudice (can’t be reinstated), on March 21, 2012, Shelton’s motion to compel Dart and Brown to comply with subpoenas. Chiampas must have read the US Supreme Court Motion which asked the court to compel Chiampas to follow the Bill of Rights and compel witnesses to comply with subpoenas.

On June 28, 2012 Shelton informed the court through an attorney that she could not appear to hear Judge Harmeling’s ruling on the Motion for SOJ Chiapas for cause that Shelton argued on June 20, 2012, because Shelton was ill and due to her multiple chronic illnesses and the extreme heat index, as well as a stomach flu with fever, she could not appear in court.  The next hearing was postponed until July 2, 2012 as a result.

Shelton, on June 13, 2012 told Judge Chiampas that it was illegal for her to strike the motion for Substitution of Judge for Cause.  Judge Chiampas said that presiding Judge Wright had ordered another Judge to hear the motion and that she was allowing the motion to be re-instated (she had no power to strike or re-instate as the only power she has after a motion for substitution of Judge is written and filed is to transfer the case to the presiding Judge).  Judge Harmeling was assigned to hear the motion and he appeared in court on June 20, 2012.

Judge Harmeling heard the Motion for SOJ for Cause against Judge Chiampas on July 2, 2012 and totally igored the higher court precedent on the topic that Shelton had written in her Motion for SOJ for Cause (see it here), as well as the law, fraudulently stating that Shelton was just angry at Judge Chiampas’ rulings and that was not a reason to substitute judge. He then denied the motion and transferred it back to Judge Chiampas. Judge Chiampas then ordered a status hearing on August 3, 2012 to check on whether discovery was complete from the subpoenas issued to Clerk Dorothy Brown and Sheriff Dart.

Shelton on July 2, 2012 filed several motions including a motion 2nd Motion for SOJ for cause

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Judge Mary Margaret Brosnahan commits treason again – vindictive excessive bail

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On May 5, 2010 Annabel Melongo who has been held in Cook County Jail on first no bail for alleged violation of bail on a computer tampering charge that is bogus and without probable cause and also on a $30,000 bail on an eavesdropping charge which is bogus and without probable cause, went before Judge Brosnahan with her attorney J. Nicolas Albukerk to ask for reduction of bail. Bail was originally set several years ago on the computer tampering charge at a $10,000 personal recognizance bail (I-Bond).

Melongo has been religiously attending all court hearings on this computer tampering case for years. She was originally indicted three years ago, the indictment withdrawn and then she was re-indicted on the same charge. She clearly is NOT a flight risk. She also at this point is indigent because she cannot obtain work as a computer consultant or IT expert while under indictment for computer tampering. No one will trust her.

Therefore an innocent person, Melongo, is undergoing a civil death because Illinois Attorney General Lisa Madigan and States Attorney Anita Alvarez want to corruptly protect the reputation of politicians who gave Save-A-Life Foundation CEO Spizzirra (a “pathological liar” according to a Wisconsin court, manipulator, and a fraud artist) more than $8 million dollars without checking out her background or the legitimacy of her fraudulent corporation, and then never investigating what she did with the money. Rumor has it that kickbacks (pay-to-play amounts ended up back in the political funds of the politicians). Melongo who had been hired by SALF discovered this massive fraud and the involvement of politicians (Madigan, Durbin, Shankowsky, Duncan, etc) prior to leaving SALF. She has taken this information to the FBI and the U.S. Attorney and FBI have failed to arrest anyone as of this date!

Melongo’s supporters are asking if the Chicago FBI and U.S. Attorney are involved in this cover-up of massive fraud? Why else would they fail to arrest those involved?

Judge Brosnahan had originally set bail at “no bail” in violation of the Illinois Constitution Article I, Section 9 but reduced it to a grossly excessive $500,000 bail on the computer tampering charge in April. Her reason for setting the “no bail” amount is not known to me as I did not attend that hearing. However the “no bail” order is clearly unconstitutional and illegal.

Judges can only set “no bail” if the charge could result in a life sentence or death sentence, or if a due process hearing determines the person poses a real and present threat to the physical safety of any person. See: Illinois Constitution Article I, section 9. Obviously Melongo with no previous criminal record does NOT fall into this category.

Judge Brosnahan intentionally and willingly violated the Illinois Constitution. This is an impeachable act of treason. She clearly is not fit to be a judge.

Then Judge Brosnahan gave as a reason to decrease bail to $500,000 that Melongo had “two passports”, Haitian and Cameroonean. This is an unconstitutional and not legally authorized reason to set high bail. Bail is meant to ensure that a person comes to court, not that a person cannot get out of jail. It must be reasonable according to the United States Supreme Court in their interpretation of the bail clause in the United States Constitution Eighth Amendment which bars excessive bail. See: Stack v. Boyle, 342 U.S. 1 (1951) The States Attorney claimed that two passports means that there is a probability that Melongo is an illegal alien. She is a legal resident of Illinois with a visa. Judge Brosnahan bought this fraudulent speculation in an act of judicial misconduct.

Again, Judge Brosnahan has intentionally and knowingly violated the Illinois and U.S. Constitutions. This is another impeachable act of treason. She clearly is not fit to be a judge.

On May 5, 2010 when attorney J. Nicolas Albukerk argued for reduction to an I-Bond again or a reasonably low bail, Judge Brosnahan reduced the bail on the computer tampering charge to $300,000, again grossly excessive and again it will ensure that Melongo remains in jail for the next half year until she is brought to trial.

Again, Judge Brosnahan has intentionally and willingly violated the Constitution, which is an impeachable act of treason. She clearly is not fit to be a judge.

In April and again now on May 5, 2010 Attorney Albukerk moved for the court to declare Melongo indigent and pay his attorney fees. Brosnahan entered and continued the motion in April and has continued the motion again yesterday. She says her reason in doing so is that although Melongo is legally indigent because this reporter has written on the Internet about this story and stated that her supporters are trying to raise funds with a plea for donations, that this plea for donations is evidence that she can pay for an attorney. This is perhaps Brosnahan’s most egregious impeachable act of treason to day.

Judge Brosnahan has trashed the Constitution and is displaying to the world the incompetence of Cook County Judges, and now can be said to be aiding and abetting the gross and unconstitutional harassment of a federal witness, Melongo, which is a federal felony, as well as is committing intentionally and willingly felony violation of Melongo’s constitutional rights in retaliating against her for this writer’s  publications on Examiner.com.

This is an astonishing penalty on the exercise of my constitutional rights. Every journalist in this country should be outraged and should rally to help Ms. Melongo. Brosnahan has crossed over the line in trashing the Constitution so blatantly. For a judge to ignore the basic constitutional law as to freedom of the press, due process, excessive bail, probable cause, right to counsel despite indigency is beyond the pale and calls for swift and aggressive action to remove her from the court as incompetent and dangerous to the administration of justice.

The 1st Amendment has been violated in giving an illegal penalty on the exercise of my right to freedom of the press. The 5th and 14th Amendments have been violated in arrested and holding Melongo for trial without  probable cause.

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