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Cook County Courts Violate ADA, Still use Excessive Bail & Deny Right to Present Defense

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Dr. Linda Shelton a whistle-blower against corrupt Cook County Court Judges, Corrupt and Malicious Sheriff Staff, and Incompetent Corrupt Cook County Assistant State’s Attorneys has been under relentless false charges in retaliation for whistle blowing.

Come to court on December 11, 2019 10 am and show support – 2600 S California Ave, Room 506 Chicago- offer to accompany Shelton or serve as her disability assistant to help if she passes out or suffers a PTSD flashback, plus help her handle papers and take notes.

Sheriff Staff including Assistant Chief Nolan have ordered deputies to harass Shelton and made dozens of false charges against her over 20 years.

Shelton requests the public to show up in court and stand-up against the above injustices. Help those who help you!

Here is her recent plea to the Illinois Supreme Court to stop these injustices including:

  1. Excessive bail of $300,000 now for a case pending for seven years – charged with felony battery of an officer for alleged to have “touched an officer’s ear” without injury during a PTSD flashback, purpose triggered by Sheriff Deputies and when Deputies pushed disabled Shelton who has serious neurologic disease including tremors and spasticity that cause her to reach out and grab anything when she loses balance. Possible sentence 3-14 years.
  2. Violation of Americans with Disability Act in numerous ways described in Shelton’s pleading.
  3. Violation of right to compulsory process and to present a defense. – Judge Cannon has quashed ALL of Shelton’s defense subpoenas needed to prove she has disabilities and that the Sheriff Staff were told not to trigger PTSD flashbacks – the Judge has ruled Shelton cannot use this as a defense.

Shelton’s defenses include:

  1. no probable cause, along the line of cases leading to the United States Supreme Court’s Ruling in Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and its related consent decree in underlying District Court case, that when the state violation of the ADA causes a defendant to commit an offense, then this illegal act by the state does not allow the defendant to be charged (due to due process, equal protection, and other constitutional and affirmative defenses including entrapment, outrageous government conduct, etc.),
  2. no probable cause as shown by no intent possible, a necessary element of the offense, as the state was informed that Shelton was “misperceiving ongoing events” and therefore unable to form conscious intent to commit the offense; state players, i.e. Sheriff Courtroom Deputies, knowing that Shelton swings her arms around her head during a flashback (as informed by the CDC and witnesses to flashbacks and having previously witnesses a flashback) misused this information to trigger a flashback and make sure that officers were in proximity so they would be unknowingly touched by Shelton – the state knowingly caused the offense,
  3. entrapment as the actions of the officers appear to have been willful and planned, knowing that Shelton does not have a propensity to attack anyone, knowing that certain actions trigger PTSD flashbacks which put Shelton in a mental state where she relives a previous attack and believes she is suffering blows from an officer, knowing that she loses balance easily and will reach out to steady herself – presumably caused Shelton to reach out to steady herself as well as swing her arms around her head trying to fend off not present, but “perceived blows” as a result of PTSD flashback,
  4. outrageous government conduct or the due process defense, as the state induced this offense, knowing Shelton was incapable of forming intent during a flashback and by misusing HIPAA protected information (the description of triggers for the flashbacks), caused a situation that shocks the conscience, and
  5. altered mental state at the time of the offense or amnesia for the time around the offense, similar to the recent holding in People v. Stahl, 2014 IL 115804, which means that Shelton is legally unfit for trial as she cannot assist defense counsel in describing what happened at the time of the offense.

These are some of the ways that Shelton has helped the public:

Shelton has testified against the State of Illinois numerous times or provided copious evidence of incompetence or corruption of state officials and court players to the FBI and U.S. Attorney, as well as advocated for litigants abused by the State, for 20 years including, but not exclusively partially as follow:

  1. Against DCFS’ (Illinois child protection) abuse of parents, in class action case Dupuy v. Samuels, 397 F. 3d 493 (7th 2005);
  2. Evidence against Cook County Jail including 30 affidavits from abused detainees that Shelton handed to Assistant U.S. Attorney Joan Laser, regarding Sheriff/Jail systemic civil rights violations and sadistic/illegal/malpractice behavior of Director of Psychiatry at Cook County Jail, resulting in firing of the Director of Psychiatry as well as a 98 page scathing letter to the Cook County Board and Sheriff, dated July 11, 2008 – which eventually resulted in a consent decree (AUSA Laser through now Magistrate Judge Albukerk thanked Shelton for this evidence).
  3. Against Orlando Jones – appointed CEO of Provident Hospital when Shelton served as Chief of the Pediatric Service hired to re-open the Pediatric Dept., the right hand man for corrupt acts on behalf of Cook County Board President John Stronger Sr., – no further actions were taken by federal law enforcement as Mr. Jones committed suicide on a beach near Mayor Daley’s beach home before he could be indicted. Shelton had opened the pediatric department at Provident Hospital of Cook County and had witnessed the criminal acts of CEO Jones, appointed by Stroger, at the time – Shelton turned over her evidence to the FBI.
  4. Against DCFS in a child abuse administrative appeal for a dyslexic mother who was falsely accused of child abuse and had been viciously abused by DCFS, CH case. Shelton served as CH’s “authorized representative” before an administrative law judge on appeal and won the case (SCR # 0852876-A, KT #2001-E-01227, AHU # 52-1516).
  5. Against the Cook County Sheriff for failure to provide a courthouse ADA compliance plan under FOIA, and then for failing to even have a plan, a violation of federal law. (Case 04 CH 15787)

Motion to declare Illinois battery statutes unconstitutional

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Come to court and stand-up for Shelton’s argument that the IL battery statutes are unconstitutional and are systematically abusive to defendants. 5/9/16 rm 506 2600 S California, 10 am, Chicago, IL

Malicious charges of felony battery can be charged for touching an officer with a piece of paper, bumping an officer when one is spastic, or minor touching with no injury such as touching a pointed finger against an arm. Outrageous sentences can be give for up to 30 years for such alleged crimes.

Outrageously malicious Cook County State’s Attorney, who refuses to listen to reason or discipline her out of control prosecutors has intensely targeted Shelton to shut her up about her complaints against corrupt judges, police, and attorneys. Shelton needs the public’s support to survive these 15 years of unrelenting attacks against her as a whistle blower with false arrests and malicious prosecutions.

Please, in a short letter, write the U.S. Dept. Of Justice Division on Disabilities here and request their investigation of the Cook County courts and Sheriff’s office for malicious prosecution of whistle blowers, denial of due process and denial of equal protection, as well as failure to follow the Americans with Disabilities Act, abuse of prisoners, and discrimination against minorities, particularly Blacks and Hispanics:

U.S.Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights- NYAV
Washington, D.C. 20530

Dr. Shelton, who is spastic, with hereditary intention tremors, severe balance problems where she reaches out and grabs anything involuntarily if pushed, and who suffers from PTSD after she was beaten by officers, is charged with felony battery for “touching an officer’s ear” resulting in no injury, because it was “insulting and provoking conduct.”

The officers purposely triggered the PTSD flashbacks during which she “misperceives ongoing events” due to the dream-like state or “altered state of consciousness” caused by the PTSD, then despite an agreement to accommodate her disabilities and “back-off” until the flashback  passed (during which she is confused, cowers, and is harmless) they jumped at her like a dog pack, picking her up off the floor and carried her to the lock-up. Next court date May 9, 2016, 10 am,  rm 506, 26th & California, Chicago, IL

One woman was recently convicted of kicking an officer in the shin with no injury, but because he claimed “insulting and provoking conduct” and because she has a prior felony conviction, she faces a MANDATORY minimum 6 year sentence! Read the news article here.

Read Dr. Galatzer-Levy’s letter about accommodations needed for Shelton’s psychiatric condition of PTSD (post-traumatic-stress disorder) here.

Shelton faces a possible minimum of 6 yrs for allegedly “touching an officer’s ear” during a court hearing, which the officer claims was “insulting and provoking conduct,” despite the fact the officers purposely triggered a PTSD flashback, for which the Court Disability Coordinator had been told and shown medical records proving Shelton is unaware of her surroundings during PTSD flashbacks and for which a letter from a psychiatrist instructed the court to prevent officers from triggering flashbacks and to back-off if they occur as Shelton would cower, cry, be confused and waive her hands around her head to protect herself against perceived blows (due to flashback symptoms of being attacked by officers-initially triggered by attacks for which she has photographic proof). This is a federal ADA violation because the court and its officers are required to accommodate disabilities and they were aware of and instructed about this PTSD disability. Under the law (court precedent) Shelton should not even be charged as the charges are invalid if caused by the victim violating the ADA (Americans with Disabilities Act). See: Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and related line of cases; see also Reed v. State of Illinois, 2015 7th Circ. 14-1745.

Click here to download full motion: Motion to declare Illinois battery statute unconstitutional

This motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because:

(a) they are discriminatory and therefore violate the Americans with Disabilities Act,

(b) they suffer from overbreadth thereby making innocent contact criminal,

(c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal,

(d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and

(e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person).

These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array of possible conducts, which are both unintentional and intentional, depending upon whom you believe.

U.S. Supreme Court approves elimination of right to petition for habeas corpus, right to have witnesses at trial, and other Constitutional rights in Cook County

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Today the U.S. Supreme Court denied my motion for rehearing of a petition for writ of mandamus against the Cook County Circuit Court, U.S. Supreme Court case number 11-10814, and Dishonorable Judge Peggy Chiampas. Therefore they have approved the following criminal acts done by Judge Chiampas which amount to violation of her oath of office and therefore acts of treason per  U.S. Supreme Court case law and gross misconduct of a judge, as well as criminal acts of corrupt Sheriff staff including Assistant Chief William J. Nolan. When the high court refuses to hear a case, this act therefore upholds the acts of the court below that made the rulings which the litigant is challenging in the high court.

There is no legal right to appeal to the U.S. Supreme Court or even the Illinois Supreme Court. The courts changed this right to by permission only.  Even though the high court is the supervisor of all courts in the land, they are not required to do so.  Therefore, in order to limit their cases to no more than about 80 per year out of about 6,000 to 8,000 submitted they ignore many cases where laws and the constitution are violated by police, lower courts, and officials.

American justice is therefore a myth.

If, as in Illinois the appellate court is corrupt and controlled by the corrupt officials then anyone who criticizes judges, police, or public officials will be made to lose their case regardless of the law. Any lawyer who supports them will have a difficult time making a living in Cook County. In Cook County the courts including the IL Appellate Court and the Federal District Court and 7th Circuit Court’s Chief judges as well as many other judges, and also the state’s attorney, U.S. Attorney, FBI Chicago Director and the Sheriff are controlled by a cabal of corrupt Democratic and Republican officials. These officials include:

1)  the former Gov. of IL Jim Thompson who was also Director of the U.S. CIA oversight committee under Pres Bush I and a member of the 911 Commission under Pres Bush II, as well as the top corrupt official in the cabal;

2) IL Supreme Court Justice Ann Burke and her husband Chicago Alderman Burke – who requires that judicial candidates pay the machine $10,000 in order to guarantee their election by buying signs to post on property of state employees from the Sheriff’s and Secretary of State’s offices – thus forcing lawyers to contribute to the judges election campaign committee; forcing state, county and city employees in order to get promotions or keep supervisory positions or even keep a job to sell a certain number of fundraising tickets for election campaign committees; and ensuring that all contracts for government work include a bribe of 15 % of the amount the company earns into the campaign election committees for officials like Speaker of the House Michael Madigan and his daughter IL Atty Gen Lisa Madigan (who with two years in the peace corps and a few years as a State Senator certainly was NOT qualified to be the IL AG);

3)the Daley brothers – John a Cook County Board member who actually controls the County no matter who is the President of the Board, previously his brother Richard who was Mayor of Chicago, and their other brother who is Midwest Director of Chase Bank and that is why they now  have the State contracts for processing property tax checks.

The cabal is now preparing to have Lisa Madigan run for Governor vs. the Daley brother to run for  Gov. so they can keep tight reigns on the State as well as the county and the city.  All other (“inherited Lordships”) elected positions in the Cook County Board, the City Council and State Government are controlled by the cabal so that only a handful of people run the State behind the scenes.

The agencies are controlled through their assistant directors who have been in their positions through several administrations and know the ropes and are controlled behind the scenes by Jim Thompson, the Burkes, the Daleys and other top dogs. They used to control things by taking out opponents with mafia operated machine guns.  Now they take out opponents and whistle blowers with false criminal charges, defamation of character, and false allegations of mental illness.

The law firm of Vrdolyak and other mafia lawyers make sure everything is done right and none of these people can be directly tied to the corruption.  For example, I was told through intermediaries that “if I paid $10,000 to Madigan (through their election campaign committee) then I  could have a meeting with Michael Madigan and all my issues would be resolved.  “Business” is conducted behind closed doors. I am being destroyed because of these blogs, my constant criticism and complaints about corrupt government over the past 10 years and my refusal to pay the bribe.

The machine is sort of like the story “Robin Hood”, with Jim Thompson being the evil king, States Attorney Devine now Alvarez being the high cardinal executioner, Sheriff Sheahan now Dart (the one that arranged for Obama’s election) being the evil Sheriff of Nottingham and enforcer of the evilo dictates of the King, and everyone else being an inherited Lordship that cow tows to the King’s whim.  In Cook County no  one gets on the Democratic ballot without Burke’s approval and Burke arranges for fake Republicans to run in a token manner. There essentially is no Republican party in Cook  County any more.

Huge numbers of  public employees in the Sheriff’s Office, the Secretary of State’s  office and all state, county, and city offices are filled by relatives of elected and appointed officials.  If the relatives pay their due into political campaign committees (which are also used to launder money from illegal activities) then they will get a steady job with a huge pension.  That is partly why Illinois has  one of the worst economies in the country with the highest pension debt!  How Special! This system ensures a huge patronage army and is a system, along with the 15 % bribes required for government contracts that is called “pay-to-play”. Most government employees are expected to contribute 3% of their salary to election campaign committees. If you want to trace the corruption, you need to trace the family names of elected and appointed officials, the money trail through their campaign committees and the law firms, agencies, and phony foundations that donate to the campaign committees.

This is why we need term limits, transparency of all actions of the state, county, and city comptroller and treasurer, and public oversight, as well as appointed and not elected judges, appointed not by government officials but by committees of experts with term limits such as law school professors with foundation directors and randomly picked members of the public with at least a college education. I don’t believe our founding fathers understood how easy it would be to corrupt our government.

Please read about the following extensive felony criminal acts of Sheriff staff and judges against Dr. Linda Shelton in the following and here also as well as the criminal and unconstitutional acts of Dishonorable Judge Chiampas at the links in the end of this post:

1) Refusal for a court clerk to file or a presiding judge to hear a petition for writ of habeas corpus in a criminal case.  This is the highest right a citizen has in the United States and this now has been eliminated in Cook County. (The right is found in the “Suspension Clause” of the United States Constitution) and the U.S. Supreme Court in a 2008 case called Boumedience v. Bush ruled that even prisoners at Guantanamo Bay have the right to have a non-attorney file a next-friend petition for writ of habeas corpus to have examined by a senior judge if they are being held legally with probable cause.  Apparently they have these rights but I do not, nor does anyone who has been charged with a misdemeanor crime in Cook County!

2) Arrest of a defendant for getting sick in the courtroom. Refusal to write an order to force the Sheriff to allow an ill defendant to bring special food or drink into the courthouse or to be allowed to take necessary breaks during the trial, which are violations of the Americans with Disabilities Act.

3) Denial of speedy trial right under the Sixth Amendment to the U.S. Constitution.

4) Denial of right to compulsory process (Judge Chiampas refused to enforce my subpoenas for contact information from Court Clerk Dorothy Brown’s office for her employees who were witnesses in my favor) under the Sixth Amendment.

5) Denial of right to call witnesses who can impeach the state witnesses, including Kent Law School Professor T. Coyne, who witnessed Judge McHale violated my civil rights and jail me for filing a next-friend habeas petition (a legal act allowed by statute), especially as I filed one in 2009 resulting in his appointment by Judge Biebel as an attorney for the defendant Maisha Hamilton, who also has been falsely arrested in order to cover-up the corruption she is a witness to in Cook County and Illinois government.  If you defame witnesses, they are useless against you!

Prof. Daniel T. Coyne also is a witness to the fact that a social worker (Robinson) at the jail called me and asked me to pick up the property of an inmate that was transferred (six bags).  I came but could only pick up three so I came back a few days later and the jail staff refused to give me the other bags and arrested me for insisting that they cannot keep them and steal them. I then asked Mr. Coyne to pick  up Maisha Hamilton’s other 3 bags of legal documents and he did. I then went and retrieved them from him.

Prof. Coyne, lied in the court today and told the judge that I didn’t ask him to pick up the bags or come get them from him.  He apparently is working with these corrupt judges to defame and destroy me.  Judge Chiampas then barred him as a witness and indicated she was barring all my witnesses.  None of them showed up – they are sheriff staff and court clerk staff and have ignored my subpoenas.  So the Sixth Amendment guarantee of right to call witnesses no longer exists in C[r]ook County for defendants that the judges want to destroy.

6) Denial of right to have an unbiased judge (Judges orders are void if they fail to transfer a motion for substitution of judge for cause [bais] to another judge). Judge Chiampas refused to do this for more than 5 months, then a corrupt junior Judge Edward S. Harmening denied this motion despite the above facts that cause Judge Chiampas to clearly be revealed as biased and violating the constitution against me.  He apparently had his marching orders. She then quashed my second motion for SOJ also and it has not been transferred to another judge.

7) Denial of right not to be arrested and tried without probable cause. The charges against me are not legally sufficient.  I am charged with trespass to real property which does not apply in a public building and the charge said I entered the Daley Center after being given notice by the owner or occupant not to enter.  Yet the documents say I refused to leave the Sheriff’s office public waiting area where I went to complain that a clerk stole my personal court file. Therefore, the charge is not legal. Judge Chiampas is holding me for trial without probable cause a violation of the constitutiuon.

The second charge is disorderly conduct and again the charge is legally insufficient stating tthat I refused to leave the building. For a charge of disorderly conduct to be legal you have to claim the person disturbed the public order and name people who were doing something that was disturbed. They name no one so the charge is not legal and must be dismissed.

You can read more details about this in my U.S. Supreme Court pleadings at the end of this post.

Therefore, law does not apply in Cook County. The Constitution does not apply in Cook County.  Judges are GOD in Cook County, can ignore law, make law, arrest you, convict you and jail you for doing legal things like asking for a supervisor at the Daley Center when a Sheriff staff member violates the law or complaining about harassment by corrupt officials or police. Police can arrest you without legal charges and get you jailed if they are mad that you are criticizing them or exposing their corrupt acts. Retaliation is encouraged.  You have no rights in court in Cook County.  Excessive bail is the norm so that the courts can rip off even innocent defendants. They keep 10 % of all bonds whether you are innocent or guilty no matter how large the bond, despite the fact it takes the same amount of work to process a $1 million bond (they keep $100,000 even if you are innocent) as it does a $100 bond (they keep $10).

The FBI, U.S. Attorney, State Police, Chicago Police, Chief Judge Timothy Evans, Presiding First Municipal District Judge E. Kenneth Wright Jr, Illinois Appellate Court, Illinois Supreme Court, Federal District Court, and now the U.S. Supreme Court condone the above.  Therefore we live in a totalitarian police state and we have no recourse. The First Amendment right to redress of grievances no longer exists.  U.S. Supreme Court rulings are toothless and the court refuses to enforce its orders or the Constitution.

This leaves us no choice but 1) suicide, 2) armed revolt (suicide by cop), 3) flee the country, or 4) kiss ass, shut up, do as your told and submit to the corruption while accepting crumbs. What will you choose when this happens to you?

I (Shelton) have appealed to the U.S. Attorney in Washington and several different divisions there, Congressment, Senators in Washington and Springfield, elite lawyers throughout the country, foundations including the ACLU, Constitution Society, etc., and hundreds of lawyers including the National Lawyer’s Guild to no avail.  Several told me that they were threatened that if they help me they won’t have a job.  Some told me the FBI has only 25 or so agents actually investigation government corruption throughout the country and they won’t prosecute any case unless the government can collect at least $20 million and there are no more than 3 offenders.  Top dogs suggest that to make changes requires the help of the press and change can only be done through the legislature or Congress.  Since the cabal controls Springfield, change requires federal intervention.  I don’t know how much the Obama administration is beholding to the cabal but I do know that when Pres. Obama was a Senator he sat next to Lisa Madigan on the Senate Judiciary Committee.  I believe to get real change we need several constitutional amendments including term limits and a rule that no more than a third of a body (house or senate) may include one profession such as lawyers.  Right now the fox is watching the hen house.

The following documents give the evidence that proves the above:

http://www.scribd.com/doc/97209985/U-S-Supreme-Court-Petition-for-Writ-of-Mandamus-against-the-Circuit-Court-of-Cook-County-and-Judge-Peggy-Chiampas

Appendix (Exhibits) being scanned into computer – will add later

First supplement to Petition  for Writ of Mandamus: http://www.scribd.com/doc/99850182/Supplement-to-Petition-for-Writ-of-Mandamus-to-U-S-Supreme-Court

Appendix (Exhibits) being scanned into computer – will add later

http://www.scribd.com/doc/102019943/United-States-Supreme-Court-Motion-for-Stay-of-Criminal-Court-Proceedings

Appendix (Exhibits) being scanned into computer – will add later

2nd Supplement and its appendix being scanned into computer – will add later

http://www.scribd.com/doc/106402283/United-States-Supreme-Court-3rd-Supplement-to-Petition-for-Writ-of-Mandamus-Against-Circuit-Court-of-Cook-County-and-Judge-Peggy-Chiampas

http://www.scribd.com/doc/106477344/United-States-Supreme-Court-3rd-Supplement-Appendix-to-Petition-for-Writ-of-Mandamus-against-Cook-County-and-Judge-Peggy-Chiampas

http://www.scribd.com/doc/111917145/U-S-Supreme-Court-Motion-to-Add-Two-Additional-Questions-to-Petition-for-Writ-of-Mandamus-10-2012

http://www.scribd.com/doc/111917983/U-S-Supreme-Court-Rule-44-Petition-for-Rehearing-10-2012

Appendix (Exhibits) to SCR 44 Petition for rehearing being scanned into computer – will add later

http://www.scribd.com/doc/111922293/U-S-Supreme-Court-Motion-to-Consolidate-several-cases-concerning-lawlessness-of-Cook-County-Courts-10-2012

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