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Posts Tagged ‘Actual Innocence

U.S. Supreme Court refuses to uphold its own holdings and due process

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The U.S. Supreme Court refused to uphold their own holdings in denial of Shelton’s Petition for Writ of Mandamus. Dr. Linda Shelton was unlawfully convicted of  contempt of court and summarily sentenced to 16 months in jail with no trial or due process because she followed Illinois law that allows a person other than the defendant to file a next-friend petition for writ of habeas corpus on “behalf of another”. Judge McHale held that it was illegal for Shelton to file this petition on behalf of Annabel Melongo when Shelton was not an attorney.  Melongo was released after 20 months when the Illinois eavesdropping law was declared unconstitutional. Melongo had been denied hearing on Shelton’s petition for her in an illegal act by Cook County judges who refused to hear this petition. Thus they violated the U.S. Constitution Suspension Clause that says that habeas may not be suspended except in times of war.  READ THE FOLLOWING!! (Transcript where Shelton appeared before Judge McHale asking for him to assign judge to represent Melongo on Shelton’s next-friend petition for writ of habeas corpus on her behalf on May 11, 2010 – NOTE: habeas corpus is the highest right a person has in the U.S. written in the constitution to protect against unlawful incarceration yet few Americans are educated to know what this means!)

Shelton alleges Judge McHale (substituting for Judge Biebel – presiding judge of the Cook County Criminal Court) illegally and in an act of felony federal treason and conspiracy to violate rights under color of law, after stating he would not hear her petition (i.e. admitted she was before him on an administrative matter and not with him acting as a judge) in retaliation for Shelton’s whistle blowing about judicial corruption in the Circuit Court of Cook County (she had given the FBI and U.S. Attorney extensive evidence about this corruption and published it on Internet blogs), in May through November, 2010, summarily convicted her of three (3) “cases” which should have been three (3) “counts” of criminal contempt for the legal act of filing a next-friend habeas petition ,as a NON-ATTORNEY, on behalf of Annabelle Melongo, a dual Haitian/Cameroonian citizen with language difficulties and who was confusing English and Roman law, and then telling the judge that his act of ruling that a non-attorney filing was “illegal” was a violation of his oath of office to follow the law as well as a criminal act. The conviction was not only illegal, but it was retaliatory.

The fact that he stated he would not hear the petition meant that there was no case before him when he charged me with contempt and this occurred after I asked for SOJ as a right, which also means that his orders are void as he did not follow the law on SOJ.

Shelton alleges Judge McHale’s consecutive SUMMARY sentences of 4, 6, and 6 months (total of 16 months) in CCDOC with good time jail credits quashed by order of Judge McHale, were in:

A) violation of IL Substitution of Judge (“SOJ”) as Right Statutes, 735 ILCS 5/2-1001 which make all orders given after denial of this SOJ as a right void, Jiffy Lube International, Inc. v. Agarwal,2 77 Ill.App.3d 722,727, 214 Ill.Dec. 609,661 N.E.2d 463 (1996); Curtis v. Lofy, 394 Ill. App..3d 170, 176 (2009);

B) violation of Habeas Statutes, 735 ILCS Art X which allow a person to file a habeas petition on “behalf of another”;

C) violation of IL Appellate Court holding that requires a full due process jury trial if contempt sentence is summarily imposed on a day other than the day in which the contemptuous act occurred In re Marriage of Betts, 200l ll.App.3d 26 (1990); Winning Moves, Inc., v. Hi! Baby, Inc., 238 Ill. App.3d 834 (1992); Kaeding v. Collins, 28I Ill.App3d 919 (1996)

D) violation of IL sentencing statutes requiring concurrent sentences for the same conduct or acts occurring during the same state of mind, 720 ILCS 5/3-3; and

E) violation of IL statute where habeas petition must be heard quickly before the chief judge of the division, Habeas statutes, 735 ILCS 5/10-119, and the rules of the Circuit Court of Cook County, Rule 15.2(d); and

F) violation of the U.S. Supreme Court holdings and IL Court holdings which:

1) require jury trial if sentences exceed 6 months aggregate for contempt, In re Marriage of Betts, 200 lll.App.3d 26 (1990), Cheff v. Schnackenberg, 384 U.S. 373 (1966); Codispoti v. Pennsylvania, 418 U.S. 506, 513, 94 S.Ct. at 2692 (1974); Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701;

2) forbid sentencing for more than one count of contempt during one trial or case, People v. Brown, 235 Ill.App.3d 945 (1992);

3) forbid removal of automatic statutory good time jail credits by a judge  – Good Time Jail Allowance statute, 730 ILCS 130, gives jurisdiction for such credits to the county sheriff and not the judge, also violation of Codispoti v. Pennsylvannia 418 U.S. 506 (1974); and

4) specifically state it is legal for a non-attorney to file a next-friend petition for writ of habeas corpus, 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); 735 ILCS Article X.

The Illinois Appellate Court in violation of Illinois Supreme Court Rule 298 and Smith v. Bennett and Marshall v. Bennett, 365 U.S. 708, 81  S.Ct. 895 (1961) denied my indigence petition , thus denied my appeal illegally.

The Federal District Court for the Northern District of Illinois dismissed Shelton s Federal Petition for Writ of Habeas Corpus regarding these three convictions, ACC 100083-01, 93-01, & 94-01, falsely stating that Shelton did not exhaust state remedies. Judge Hart ignored and violated the U.S. Supreme Court’s rulings in the line of cases Neirsheimer, Regan, and Loftus. People v. Loftus, 400 Ill. 432, 81 N.E.2d 495 (1948), (in response to order of Court in Loftus v. People of State of Illinois, 334 U.S. 804, 68 S.Ct 1212 (1948)); Woods v. Neirsheimer, 328 U.S. 211, 66 S.Ct. 996 (1946); White v. Ragen and Lutz v. Same, 324 U.S. 760, 65 S.Ct. 978 (1945); Young v. Ragen, 337 U.S. 235, 69 S.Ct. 1073 (1949).

There may be an exception to the exhaustion bar for cases involving colorable claims of actual innocence. See, e.g., House v. Bell, 47 U.S. 518, 522 (2006). This case also involves this is as since there is no possibility that filing a next-friend habeas petition is illegal or that complaining, as a litigant to a judge that he is violating the law, when he is violating the law, is illegal, there is no possibility that Shelton is actually guilty of contempt.

These sentences by Judge McHale were acts of felony treason, a violation of 18 U.S.C. §2381, punishable by a sentence of 20 yrs. to life, per previous holdings and/or dicta of the United States Supreme Court including:

1) that the judges in U.S. v. Will, 449 U.S. 200 (1980) affirmed the statement of Chief Justice Marshall in Cohens v. Virginia, 6 Wheat. 264, 5 L.Ed 257 (1821) that it is “treason on the constitution” when a judge “usurps [the jurisdiction] that which is not given”; and

2) that it is a “war on the constitution” when a judge violates his oath of office to support it [including supporting statutes of a state = due process], Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401(1958).

Judge McHale’s knowing violation of the statutes concerning petitions for writ of habeas corpus, SOJ as a right, good conduct jail credits; concurrent sentencing for the same act; violation of case law concerning right to trial if sentence is > 6 mo, right to trial if sentence for contempt is given out on day other than day of contempt incidence, ban on more than one count of contempt during one case or trial; and violation of U.S. Supreme Court holdings/dicta in 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) that a non-attorney may file a next-friend habeas petition prove Judge McHale illegally found Linda Shelton in contempt three times, illegally sentenced her, and knowingly did this in an act of treason, violating Shelton’s constitutional rights to be free of arrest and imprisonment without due process and in violation of law, denied her father’s need for her caretaker, companion, and executive assistant services and love in his final days in an act of cruelty and lawlessness, and denied Shelton’s need for medical care and proper diet.

In addition, Annabelle Melongo’s petition for writ of habeas corpus, filed by Shelton, has been ignored by Judges McHale, (Brosnahan, Wadas, Kazmierski – to whom Plaintiff presented habeas filing prior to presenting it to Judge McHale and all of whom refused to hear it stating that they have no jurisdiction to hear filings from a non-attorney on behalf of another, despite Plaintiff reading the IL habeas statute to them), and Judge Biebel and she is still in jail a year later! All these judges have therefore committed treason. This is a grotesque and extremely serious violation of the Constitution of the United States – suspension clause (Article I, section 9) which states that the Great Writ of Habeas Corpus may not be suspended except in time of war.

Judge McHale was fully informed in open court by Plaintiff of the case law, code, and constitutional issues stated herein and therefore cannot claim mistake or unintentional error. Plaintiff therefore now petitions the U.S. Attorney and U.S. Justice Department to pursue the violations of 18 U.S.C §241 AND 18 U.S.C §242, as well as 18 U.S.C. §2381 that are clearly documented in this document and attachments, under the jurisdiction as permitted by the Presentment Clause of the Constitution and under 18 U.S.C. §3332 – which specifically states, as is supported by case law, that a citizen with evidence of federal crimes may petition a judge to present this evidence to a special grand jury . I ask that the Justice Department bring this cause before a judge for an indictment against Judge McHale for corruption.

Judge McHale ILLEGALLY AND UNCONSTITUTIONALLY IN VIOLATION OF CIVIL RIGHTS UNDER COLOR OF LAW incarcerated Shelton for 16 month summary sentence for which she served six months and during that time DISCRIMINATED AGAINST DR. SHELTON’S DYING FATHER, ALLAN LORINCZ, BY ILLEGALLY JAILING SHELTON, SNUBBING HER REQUEST FOR HOUSE ARREST TO CARE FOR HER FATHER, AND PREVENTING HER FROM CARING FOR HIM IN HIS LAST DAYS AS HE REQUESTED RESULTING IN HIS DEATH from self-starvation and dehydration due to depression over his loss of his caretaker and companion, Shelton and his progressing Parkinson’s disease.  By turning a deaf ear, HE DISCRIMINATED AGAINST DISABLED SHELTON IN IGNORING HER DISABILITY NEEDS WHILE UNLAWFULLY JAILED BY HIM, in that he refused to order the Sheriff to provide her appropriate medications and food for her conditions. He, IN RETALIATION FOR HER WHISTLE BLOWING AND COMPLAINTS AGAINST JUDGES AND SHERIFF STAFF, ILLEGALLY JAILED HER knowingly and willingly suspended her right to Petition for Writ of Habeas Corpus, violated at least four U.S. Supreme Court holdings by unlawfully convicting her of contempt and summarily sentencing her to 16 mo. in jail, and trashed Shelton’s due process constitutional rights, as well as numerous Illinois statutes and Supreme Court and Cook County Court rules. Finally, he ordered a fitness exam when there was no reason to, in order to help justify his illegal conduct but ignored Shelton’s attorney’s motion that a person cannot be found in contempt if the judge questions their fitness as contempt requires intent and allegation of lack of fitness precludes concept of intent.

 

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See the following criminal cases, appeals, motions for habeas & mandamus – which are explained in the following:

Cook County Court Habeas Petition: 09 CH 12736 – renumbered after transfer from Chancery division to criminal division to 09MR00025 (Shelton’s next friend habeas petition for Maisha Hamilton – allowed and Hamilton assigned a pro bono attorney); 10 HC 0006 & 7 (Shelton’s next-friend habeas petitions for Melongo – Judge McHale refused to hear, told Shelton filing it was criminal); 10 HC 00008 & 12 (Shelton habeas petition – Judge Porter summarily denied)

Cook County Criminal Contempt Cases: ACC 1000083-01, ACC 1000093-01, ACC 1000094-01 (Unconstitutional & Illegal against Shelton – summary total sentence of 16 months for filing next-friend habeas petitions for Melongo and defending her right to do so)

Cook County Criminal Cases: 10CR8092 (Melongo’s criminal eavesdropping case – declared unconstitutional eavesdropping law – this was upheld by IL Supreme Court) 08CR1050201 (Melongo’s computer tampering case which she later won as State committed fraud)

U.S. Supreme Court Complaint for Leave to File Mandamus: 12-6561 (Shelton pro se filing, granted in forma pauperis but denied leave to file brief)

Illinois Appellate Court: 10-3342, 10-3344, 10-3345 (Shelton’s appeal of contempt cases dismissed when denied in forma pauperis and demanded back payment for previous cases as well as $25 payment for each of these cases)

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NOTE: the following case law

CONTEMPT

Sacher et al. v. United States, 343 U.S. 1, 72 S.Ct. 451, 96 L.Ed. 717 (1950)

Courage does not equal contempt.

An attorney has the right to make a fearless, vigorous argument

It is the right of counsel for every litigant to press his claim, even if it appears farfetched and untenable to obtain the trial court’s considered ruling. Full enjoyment of that right, wit due allowance for the heat of controversy, will be protected by appellate courts when infringed by trial courts. At 9

Men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses [ignorance] to which human flesh is heir. Most judges, however, recognize and respect courageous, forthright lawyerly conduct. They rarely mistake overzeal or heated words of a man fired with a desire to win, for the contemptuous conduct which defies rulings and deserves punishment. They recognize that our profession necessarily is a contentious one and they respect the lawyer who makes a strenuous effort for his client. At 12

Bloom v. Illinois, 391 U.S. 194, Footnote 4, 88 S.Ct. 1477, 20 .Ed.2d 522 (1968)

The court has long recognized the potential for abuse in exercising the summary power to imprison for contempt—it is an ‘arbitrary’ power which is ‘liable to abuse.’ Ex parte Terry, 128 U.S. 289, 313, 9 S.Ct. 77, 82, 32 L.Ed. 405 (1888). ‘(I)ts exercise is a delicate one, and care is needed to avoid arbitrary or oppressive conclusions.’ Cooke v. United States, 267 U.S. 517, 539, 45 S.Ct. 390, 396, 69 L.Ed. 767 (1925).4

Footnote 4. ‘That contempt power over counsel, summary or otherwise, is capable of abuse is certain. Men who make their way to the bench sometimes exhibit vanity, irascibility, narrowness, arrogance, and other weaknesses to which human flesh is heir.’ Sacher v. United States, 343 U.S. 1, 12, 72 S.Ct. 451, 456, 96 L.Ed. 717 (1952). See also Ex parte Hudgings, 249 U.S. 378, 39 S.Ct. 337, 63 L.Ed. 656 (1919); Nye v. United States, 313 U.S. 33, 61 S.Ct. 810, 85 L.Ed. 1172 (1941); Cammer v. United States, 350 U.S. 399, 76 S.Ct. 456, 100 L.Ed. 474 (1956).

United States v. Seale, 461 F.2d 345 (7th Cir. 1972).

[T]he conduct so personally involved the trial judge that the contempt hearing should be presented before another judge. “Attorneys have a right to be persistent, vociferous, contentious, and imposing, even to the point of appearing obnoxious, when acting in their client’s behalf.” In the matter of Dellinger, 461 F.2d 389, 400 (7th Circ. 1972)

Sentences more than six months either separate or aggregate require a jury trial:

When the aggregate punishments for a particular course of criminally contemptuous conduct committed in the presence of a judge exceed the parameters of punishments normally imposed for misdemeanors and the punishments are not imposed immediately after occurrence of the contemptuous conduct, the contemnor is entitled to a jury trial as to the contempt charges. The traditional test for determining whether or not a charged offense is a misdemeanor is whether the penalties exceed $500 or six months imprisonment. Where, as with criminal contempt in Illinois, no maximum punishment is prescribed for an offense, courts look to the penalty actually imposed to determine whether an offense is so serious that a jury trial was required. Some decisions suggest that in the context of contempt proceedings, the $500 fine component.., is subject to upward adjustment based on the contemnor’s financial resources and inflationary trends. In re Marriage of Betts,  200 Ill. App. 3d 26, 50, 558 N.E.2d 404 (4th Dist. 1990).

The following are holdings in Maita v. Whitmore, 508 F.2d 143 (9th Cir. 1975):

[Taylor v. Hayes, 418 U.S. 488, 94 S.Ct. 2697, 41 L.Ed.2d 897, and Codispoti v. Pennsylvania, 418 U.S. 506, 94 S.Ct. 2687, 41 L.Ed.2d 912.]

First: The rules as to whether an ordinary criminal offense is ‘petty,’ thus not requiring a jury trial, or ‘serious,’ thus requiring a jury trial, also apply to charges of criminal contempt. Codispoti v. Pennsylvania, supra, 418 U.S. at 513, 94 S.Ct. at 2692; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701.

Second: ‘Crimes carrying more than six month sentences are serious crimes and those carrying less are petty crimes.’ (Codispoti v. Pennsylvania, supra, 418 U.S. at 512, 94 S.Ct. at 2691; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701.

Third: ‘Judgment about the seriousness of the crime is normally heavily influenced by the penalty authorized by the legislature.’ Codispoti v. Pennsylvania, supra, 418 U.S. at 511, 94 S.Ct. at 2691. Indeed, if the penalty authorized by the legislature exceeds six months, there is a right to a jury trial, even though the judge could impose a sentence of six months or less. Baldwin v. New York, 1970, 399 U.S. 66, 68-69, 90 S.Ct. 1886, 26 L.Ed.2d 437, and cases there cited.

Fourth: Where the legislature has not prescribed a penalty, as is often the case when the charge is criminal contempt, the actual sentence imposed determines whether the offense is ‘serious’ or ‘petty.’ Codispoti v. Pennsylvania, supra, 418 U.S. 512, 94 S.Ct. 2687 at 2691; Taylor v. Hayes, supra, 418 U.S. at 495, 94 S.Ct. at 2701. In such a case, when multiple contempts are tried together, the imposition of consecutive sentences aggregating more than six months makes the offenses ‘serious’ and requires a jury trial. Codispoti v. Pennsylvania, supra, 418 U.S. at 516-518, 94 S.Ct. at 2693-2694. On the other hand, where there are convictions for several contempts but the aggregate sentence does not exceed six months because the sentences are concurrent, jury trial is not required. Taylor v. Hayes, supra, 418 U.S. at 496, 94 S.Ct. at 2702. Moreover, it makes no difference that the trial judge at first imposes consecutive sentences totalling more than six months, if he afterward reduces them to six month sentences to be served concurrently; jury trial is not required. Id. at 496, 94 S.Ct. at 2702.

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No justice; no peace – police Officer Servin gets away with murder, disabled activist charged with felony battery for “touching officer’s ear”, innocent grandmother convicted of murder of officer while confused in a seizure after being battered by officer

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This blog and other blogs by Shelton are devoted to uncovering and exposing the methods  of incompetence and corruption and the systemic lawlessness of our injustice system in Illinois, particularly Cook County. Click the links on your right to see my other blogs.

UPDATE: COME TO next court date 9/27/2017 rm 506 2600 S California 10am Show SUPPORT FOR DISABLED ACTIVIST FIGHTING FOR YOUR CIVIL RIGHTS

Oppose $300,000 bail for indigent disabled defendant charged with accidentally “touching an officer’s ear”

Support argument that charge of felony battery for “touching an officer’s ear” when the officers violated the ADA in inducing PTSD flashback and balance issue by ignoring doctors’ statements, given to Court Disability Coordinator Pacelli, that defendant has balance issues and may flail arms and grab out if pushed + PTSD due to having been beaten by officers – so that when rushed by dog pack-like group of large male officers yelling at her she goes into PTSD flashback and “misperceives ongoing events” believing she is being attacked, falls to floor, cowers, loudly verbally defends self and or flails arms around head believing she is defending herself against a beating.

Oppose unlawful arrests in retaliation for civil rights advocacy – helping poor fight in divorce to keep kids, opposing unlawful evictions, advocacy against police brutality

Oppose abuse of disabled by police & judges

Fill court gallery 7/20/17 RM 506 crim court building at 10 am  Chicago and show support for activist arguing that charge aggravated battery for “accidentally touching ear” is illegal charge against activist

UPDATE: Judge denied motion and issued inadequate order to impede immediate appeal. Watch argument 12/9/16 requesting judge strike order & issue proper order that is immediately appealable on 12/9/16

COME TO COURT, view from court gallery Judge Cannon’s announcement of written decision concerning Shelton’s argument that IL battery statute is unconstitutional on 7/13/16 rm 506 2600 S California at 10 am, Chicago, IL

Until justice is served, Chicago should have no peace.

Alvarez has continued to systemically target me by prosecuting me for now nearly 40 cases of unlawful and unconstitutional arrests over the last 15 years in retaliation for being a whistle blower against corrupt judges and corrupt Sheriff staff and police officers from Chicago, Evergreen Park, and Oak Lawn.

Help me (Shelton) now by showing up to court hearings (NEXT one 7/20/17 room 506 10 AM 2600 S California – though judge hears others first and waits until gallery empty so there will be no witnesses to her illegal rulings), giving Shelton support in pending case: click here

Enough is enough!!  Vote out Clerk Brown and vote NO on every judge on judicial retention ballot!! Replace any candidate or Alderman who refuses to commit to investigation of the Cook County Court system, Cook County police including Chicago Police, Suburban Police, and especially the Cook County Sheriff including their Courtroom Services Division and Correctional Officers.

Its time for Chicagoans to stand up against police, prosecutorial, and judicial corruption in consistent, constant, recurring, protests until the Cook County Board, Chicago City Council, the FBI and U.S. Attorney, Illinois legislature, and U.S. Congress change training of police to de-escalate and not shoot unarmed or those with knives or bats, as well as judicial, oversight to remedy the following:

The killing of 22-year-old Rekia Boyd  by off duty Chicago police officer Dante Servin when he shot backward over his shoulder towards a group of people is clear murder as well as is involuntary manslaughter because he clearly meant to shoot someone in that direction although he may not have meant to shoot Boyd specifically.  So it is both a voluntary act of shooting someone without premeditation (murder) and an involuntary act of killing someone he did not specifically target. You can be sure that if he was a civilian he would have been charged with murder and there are examples of such in the Court Clerk’s records.

Cook County States Attorney Anita Alvarez knows this and purposely undercharged him in my opinion as she always favors the police and covers up for their crimes and errors. She was in charge of the division in the State’s Attorney’s office under SA Devine which was responsible for prosecuting government corruption for a decade and essentially shut down that office. She has for decades had a history of reckless disregard for the rights of citizens, which corrupt and incompetent officials have violated.

(Shelton – http://cookcountysheriffdeputies.wordpress.com and http://illinoiscorruption.blogspot.com , http://prosechicago.wordpress.com , http://chicagofbi.wordpress.com and http://cookcountyjail.wordpress.com)

Alvarez at the same time has continued to systemically target me by prosecuting me for now nearly 40 cases of unlawful and unconstitutional arrests over the last 15 years in retaliation for being a whistle blower against corrupt judges and corrupt Sheriff staff and police officers from Chicago, Evergreen Park, and Oak Lawn.

Help me (Shelton) now by showing up to court hearings (NEXT one 7/20/17 room 506 10 AM 2600 S California – though judge hears others first and waits until gallery empty so there will be no witnesses to her illegal rulings), giving Shelton support in pending case: click here

I mostly defended myself successfully but the two cases for which I was convicted are just unjust wrongful  convictions or meatballs that stuck when the spaghetti plate was thrown. Three contempt convictions with a summary (NO TRIAL = illegal sentence) sentence of 16 months later changed to 12 months consecutive were clearly unconstitutional and malicious by Judge McHale. See here description and case law.

One wrongful felony conviction for “bumping an officer with my wheelchair” = felony aggravated battery for “causing an abrasion” and resulting in a two year outrageous sentence was also unlawful, never happened, and due to falsification of records and perjury by Officer Anthony Salemi (see appeal here).

The denial of appeal by the Appellate Court was unlawful and based on an ad hominem attack by Appellate Justice Levin that ignored the arguments and case law in appeal brief. See outrageous opinion here where Judge Levin quotes defamatory rumors about my behavior in courts, which have no basis – here).

The misdemeanor conviction for “bumping an officer with my walker” was again perjury by Courtroom Services Deputy Sheriff  Ateca. She lied and said I was sitting and pushed my walker against her causing no injury. She actually walked in front of me when I was walking to the elevator and slowed down suddenly so I would accidentally bump into her. Her partner is aiding and abetting this perjury by not speaking up.

The judge fixed the case by not allowing me to take my medication for chronic pain, vertigo, and PTSD so that I was so distraught and unable to properly question the witness as my own attorney and too sick to testify so I chose not to that I appeared crazy to the jury and confused so they ignored me and convicted me. This was an unlawful trial as I was denied American with Disability Act required accommodations (medications) during my trial as well as access to my legal documents while jailed during the trial.

It’s a violation of civil rights to impede a self-represented person from access to her court documents, pen and paper, during a trial.

There is a pattern of under-trained officers who disregard the rights of defendants and abuse the disabled, especially the mentally ill, as well as purposely lawless judges who cover-up for criminal acts of police, retaliate against whistle blowers, and are biased against poor and minorities or uneducated.

The public defender’s budget is minuscule compared to the prosecutor’s budget so that the public defenders do not have the time or resources to properly defend anyone.  The gun (officer’s weapon) used by Robin Johnson was not checked for her fingerprints and no medical experts or doctors were called as witnesses in her defense for example.

Judge Porter is a cunning politician who never should have found Servin not guilty of involuntary manslaughter, despite the lack of the more appropriate murder charge. I suspect that Alvarez and Porter conspired to do this so that Alvarez can say she charged him, but Porter would have an excuse to find him not guilty – thus protecting the officer.

Judge Gainer wrongfully convicted Robin Johnson of murder of an officer in 2013, when Chicago police committed perjury – they shot their own man, by illegally refusing to allow testimony that Johnson was in a standing seizure (confused), had a long history of such seizures that were not controlled well and was often found wandering at night at bus stops, had a grand mal seizure in her bathroom at home that morning, that it took five years pretrial while she was in jail to mostly control her seizures, that she had been repeatedly bashed while in a head lock against a bus by her head by the deceased officer, and Johnson had no experience with guns or training in attacking others or defending herself.

So how does a 5′ tall grandmother with no criminal history disarm a 6′ tall seasoned Sargent and shoot him in the head – with a large gun that is really too large for her tiny hand to hold and handle  this weapon while in a confused state of mind due to a seizure?

She clearly could have no intent if she was in a seizure and confused so the charge is void and the public defender refused to argue this defense. The state had multiple videos but the moments where she allegedly held the gun were missing for “unknown reasons”! The gun was lost for a period of time, which per the U.S. Supreme Court decision means that the case automatically should have been dismissed due to tampering with evidence.

The state made up a baloney theory that her motive was that she was an “angry person” out to kill a cop! They didn’t let her children (including a daughter studying to be an attorney) and grandchildren, relatives and friends testify that she was not a violent, aggressive, or “angry” person.

Notably, Gainer should have recused himself because his close relative was former top cop in the U.S. – Terrance Gainer who had at retirement been Chief of the Capital police in Washington, D.C., had long record of being chief of several departments and president of the American Society of Police Chiefs!  He is often “randomly” assigned to cases involving police officers as victims or plaintiffs by “coincidence.”

She is now serving a wrongful life sentence while her husband is dying for something she didn’t do in order for Alvarez to cover-up the shooting of the officer by police. Johnson barely survived 22 wounds when officers arriving on the scene emptied their guns against her, even though by then the videos show her unarmed and down. That’s attempted murder.

robin johnson

Robin Johnson = innocent person

Serving life sentence for shooting officer

The FBI and U.S. Attorney should arrest Servin for criminal violation of civil rights under color of law and convict him in that manner.

Mayor Emmanuel should denounce this officer and criticize Alvarez but he has no guts to stand for the right.

Supt. Johnson should call the kettle black and fire Servin for official misconduct due to clear violation of his oath of office to uphold the law and control his gun.

For 20 years I have been supporting the minority populations in Cook County as a physician standing up for my patients in court when no other doctor would do so, writing these blogs to expose corruption and providing the FBI and U.S. Attorney information about corruption and abuse at the jail and in the courts. I won a suit for mandamus, in the public interest, against the Sheriff in 2004-5 for violating the freedom of information act and not giving me a copy of their compliance plan for the Americans with Disabilities Act regarding accommodating disabled at courthouses. They were forced to admit that for more than a decade they were in violation of federal law by failing to have a compliance plan.

I have been repeatedly unlawfully arrested usually for trespass, resisting arrest, or battery of ONLY officers in courthouses usually with only police witnesses (!!) for falsely alleged “bumping them with my walker or wheelchair” and personally beaten by the Chicago Police and Cook County Sheriff staff.

My mouth was covered with duct tape during an asthma attack – which could have killed me except a Sgt. ordered it removed. My pony tail was grabbed and my head banged against a wall despite major neck spine surgery – which could have caused death like with Freddie Grey, held on the floor by Correctional officers Ruiz and Levy and kicked with their boots (see pictures). I was beaten by a Chicago Police Detention Aid Shell (see picture 1 & 2) for taking my medication for severe pain and vertigo after it was handed to me while in the police station during a release from unlawful custody. I had my shoulder severely strained and mildly dislocated by Correctional officer Charles Johnson in Dec. 2006 confirmed by an orthopedic surgeon. I was body slammed when C/O Johnson grabbed by handcuffed in front hands and swung them up and slammed me down against a row of chairs with arms causing contusions on my back especially near my surgery site – resulting in temporary paralysis and shock – then slamming me onto the floor where I laid outside the jail ER mocked by officers for hrs and temporarily unable to move without medical care – then a “nurse” looked at me and said nothing was wrong while ignoring the 5″ scar on the back of my neck from surgery, passed out from cardiac arrhythmia and severe neurocardiogenic syncope in the jail Cermak ER and ignored on the floor for hrs, suffered ischemia of the heart and a brief respiratory arrest when exposed to tobacco smoke in 2001 after a false arrest even though I told them I could not tolerate tobacco smoke – then when returned from the ER the medical staff failed to do the cardiac enzyme tests needed over 24 hrs to be sure I did not suffer a heart attack (I have the medical records).

I have been in 2013-2014 jailed for one year without bail for “touching an officer’s ear” during a PTSD flashback induced by Courtroom Services Sheriff’s Officers who misused information I gave to the Court Disability Coordinator Pacelli to trigger the flashback – then they failed to back off when I began to “misperceive ongoing events” crumbled to the floor and swung my hands around my head to block misperceived blows (due to flashback which is like reliving the nightmare in a daytime dream like altered state of consciousness) as well as grabbed out involuntarily to steady myself when pushed and picked up by them (due to my neurological disease and resulting balance issues). For more information see this link here.

I have now challenged the constitutionality of the Illinois battery statutes for making touching an officer a felony crime. Come to court at 2600 S California, room 506, Chicago on 7/13/16 at 10 am and hear Judge Cannon’s decision on this motion.  For more info about this motion read here.

“This is the first time I’ve ever seen (a) judge let a criminal go because he was improperly charged,” said Frank Chapman. “I have never seen that before,” confirming the intellectual, intentional misconduct of Judge Porter in refusing to convict on involuntary manslaughter because “it was voluntary” and he should have been charged with murder.

Chapman believes the state’s attorney’s office and the police department have too close of a relationship to look at cases like these objectively.  They say Servin is the first Chicago police officer in 20 years to be charged with killing someone.

Judge Kenneth J. Wadas illegally dismisses habeas petition – an act of treason

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Judge Kenneth J. Wadas, as acting presiding criminal court judge, on May 8, 2010 illegally dismissed a petititon for writ of habeas corpus without reading it or hearing any argument, stating that only the Defendant’s attorney could file it. Next friend Linda Shelton filed it on behalf of Annabel Melongo who is being held at CCDOC without probable charge on a bogus charge. Evidence is attached to the petition proving lack of probable cause. It is the responsibility of the judge (Brosnahan) to dismiss the case after indictment if the judge is presented with evidence that there was never any probable cause. Judge Brosnahan is refusing even to hear the motion to dismiss for lack of probable cause.

Judge Wadas has violated Article X of the Code of Civil Procedure in Illinois which specifically states that another person on behalf of the petitioner may file a habeas petition.

The U.S. Supreme Court has stated that when a judge purposely violates a statute or the constitution, then he is “waring” on the constitution and commits an act of treason.

For details and case law see full article.

Illinois Appellate Judge Sheila O’Brien Brings Court into Disrepute

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

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