Cook County Judges

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Posts Tagged ‘attorney misconduct

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.

Grund & Leavitt, P.C., divorce attorneys with history of unethical conduct

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Attorneys who are prominent in divorce court in Cook County, David J. Grund, Marvin J. Leavitt, and Grund & Leavitt, P.C., lost their appeal of a case where they were found in contempt of court for representing a woman, after having a consultation with her husband to represent her.  This is a violation of Illinois Supreme Court Article VIII – Illinois Rules of Professional Conduct, Rule 1.9 regarding conduct of attorneys in the case of conflict of interests.  They were also ordered to forfeit the $245,000 in fees they were charging the woman.

Beware of Gund & Leavitt, P.C. as attorneys in divorce cases, as they have already proven that money is more important to them than ethics and have been reprimanded by the court for their unethical conduct.

The following is part of the Illinois Appellate Court decision on the appeal by Gund & Leavitt, P.C. of their contempt conviction.:

Case Number 09-0683

Appellate Court of Illinois, First District, Fourth Division.

In re The MARRIAGE OF David NEWTON, Petitioner–Appellee, and Hadley Newton, Respondent (David J. Grund, Marvin J. Leavitt, and Grund & Leavitt, P.C., Contemnors–Appellants

Nos. 1–09–0683, 1–09–0684, 1–09–0685.

June 30, 2011.

“Petitioner, David Newton, and respondent, Hadley Newton, were divorced pursuant to a judgment for dissolution of marriage entered on March 8, 2010. In the underlying divorce proceedings, David filed an emergency motion to disqualify Hadley’s attorney, Grund, and the law firm of Grund & Leavitt, pursuant to [Illinois Supreme Court Article VIII Rules of Professional Conduct] Rule 1.9 (Ill. S.Ct. Rs. of Prof. Conduct, R. 1.9 (eff. Aug. 1, 1990)), due to Grund’s former representation of David in the same proceeding. On August 9, 2007, the circuit court entered a preliminary injunction order prohibiting Grund and Leavitt from representing Hadley while the motion to disqualify was pending. Hadley filed her response to the motion to disqualify on July 27, 2007. A hearing was held on September 4, 2007. The court heard testimony by David, Grund, and Hadley. However, upon questioning of Grund regarding his conversation with David, David’s counsel objected based on attorney-client privilege. Although there was an offer of proof, the circuit court barred Grund’s testimony on the basis of the attorney-client privilege. David testified that he met alone with Grund in Grund’s office for between 1 1/2 and 2 hours. They discussed information and issues related to his marriage and impending divorce from Hadley, including issues regarding the children and his financial situation, and Grund took notes.

Hadley testified, upon questioning by Grund, that she learned that there was a conflict with Grund representing her because Grund himself told her there was a conflict when she came in to see him. However, he entered into a retainer agreement with her and represented her. The court found that Grund and Leavitt were disqualified from representing Hadley.

. . . .

“[Illinois Supreme Court Article XIII Rules of Professional Conduct] ]Rule 1.9. Conflict of Interest: Former Client

(a) A lawyer who has formerly represented a client in a matter shall not thereafter:

(1) represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client, unless the former client consents after disclosure; or

(2) use information relating to the representation to the disadvantage of the former client, unless:

(A) such use is permitted by Rule 1.6; or

(B) the information has become generally known.” Ill. Rs. of Prof’l Conduct, R. 1.9 (eff. Aug. 1, 1990).

. . . .

Although Grund and Leavitt argue that they should be entitled to fees incurred before they were disqualified by the court’s order, Grund violated Rule 1.9 at the moment he agreed to meet with Hadley knowing he had a conflict. Grund knew from the initial consultation with Hadley that there was a conflict of interest. The testimony by Hadley at trial was that Grund told her of the conflict. Notably, this testimony was unrebutted by Grund and Leavitt. As the court clearly stated, it is inexplicable that Hadley made it past screening and that Grund agreed to represent her. Grund was clearly prohibited by Rule 1.9 from entering into a retainer agreement with Hadley. As noted earlier in our analysis, “[a]n attorney/client relationship can be created at the initial interview between the prospective client and the attorney.” Nuccio v. Chicago Commodities, Inc., 257 Ill.App.3d 437, 440, 195 Ill.Dec. 670, 628 N.E.2d 1134 (1993) (citing Herbes v. Graham, 180 Ill.App.3d 692, 129 Ill.Dec. 480, 536 N.E.2d 164 (1989)). Therefore, Grund is barred from any earlier fees based on either ground we have discussed: (1) the retainer agreement was unenforceable under section 508(c)(3) of the Act; or (2) the retainer agreement was void ab initio as against public policy.

. . . .

Contempt of court can result from a party’s failure to comply with the terms of a court order. People v. Coupland, 387 Ill.App.3d 774, 777, 327 Ill.Dec. 120, 901 N.E.2d 448 (2008). Persons subject to the order of a court having jurisdiction must obey the order until it is reversed by a reviewing court or set aside or modified. Busey Bank v. Salyards, 304 Ill.App.3d 214, 217, 238 Ill.Dec. 197, 711 N.E.2d 10 (1999) (citing People v. Graves, 74 Ill.2d 279, 284–85, 24 Ill.Dec. 153, 384 N.E.2d 1311 (1979), quoting Faris v. Faris, 35 Ill.2d 305, 309, 220 N.E.2d 210 (1966)). “[E]xposing oneself ‘to a finding of contempt is an appropriate method of testing the validity of a court order.’ ” In re Marriage of Rosenbaum–Golden, 381 Ill.App.3d 65, 82, 319 Ill.Dec. 27, 884 N.E.2d 1272 (2008) (quoting In re Marriage of Beyer, 324 Ill.App.3d 305, 321, 257 Ill.Dec. 406, 753 N.E.2d 1032 (2001)). “ ‘[W]hether a party is guilty of contempt is a question of fact for the trial court, and * * * a reviewing court will not disturb the finding unless it is against the manifest weight of the evidence or the record reflects an abuse of discretion.’ ” Killion v. City of Centralia, 381 Ill.App.3d 711, 715, 319 Ill.Dec. 519, 885 N.E.2d 1199 (2008) (quoting In re Marriage of Logston, 103 Ill.2d 266, 286–87, 82 Ill.Dec. 633, 469 N.E.2d 167 (1984))

We note the well-established rule that where a “ ‘refusal to comply with a trial court’s order constitutes a good-faith effort to secure an interpretation of [an issue without direct precedent], it is appropriate to vacate a contempt citation on appeal.’ ” Mueller Industries, Inc. v. Berkman, 399 Ill.App.3d 456, 482, 340 Ill.Dec. 55, 927 N.E.2d 794 (2010) (quoting Cangelosi v. Capasso, 366 Ill.App.3d 225, 230, 303 Ill.Dec. 767, 851 N.E.2d 954 (2006)). However, under the facts of this case, we find that Grund and Leavitt’s refusal to comply with the circuit court’s order denying them fees did not constitute a good-faith effort to secure an interpretation without direct precedent. Rule 1.9 of the Rules of Professional Conduct is clear that representing clients with conflicts of interest is prohibited. Precedent is clear that fees for such prohibited representation are barred. It is unrebutted that Grund knew of the conflict before he agreed to represent Hadley and yet undertook to represent her anyway, thus paving his own road to the denial of fees. Therefore, the court’s adjudication of civil contempt was well founded and not against the manifest weight of the evidence or an abuse of discretion.

Further, we note that in this very case Grund had previously been found in direct civil contempt in an order dated June 30, 2008, in which the court found: “Grund’s verbal outbursts obstructed and embarrassed the court and constituted a direct defiance of a court order before a judge in open court and Grund is found to be in direct contempt of court. It is ordered that contemnor David Grund will pay to the Clerk of the Circuit Court a fine of $500.00 forthwith. Grund is remanded to the custody of the Cook County Sheriff and released upon payment of the fine. Mittimus stayed 48 hours—10:40 am 7/2/08” s/Judge Jordan.”

The fact that the order states that Grund and Leavitt were found in direct contempt “for their failure to obey the court’s disqualification order” indicates that the court was attempting to coerce compliance with its order denying Grund and Leavitt’s fees. The order stated that paying the fine would purge the contempt.

We note that our distinguished colleagues in the Fourth District take a different approach. In re Marriage of Samuel, 394 Ill.App.3d 398, 333 Ill.Dec. 750, 915 N.E.2d 821 (2009), is instructive. In In re Marriage of Samuel the circuit court entered a civil contempt order imposing a fine and ordering an apology. The appellate court found that the trial court’s imposition of a fine was a punishment for improper behavior. In re Marriage of Samuel, 394 Ill.App.3d at 402, 333 Ill.Dec. 750, 915 N.E.2d 821. However, the apology “implie[d] an admission of past conduct” and was “easily construed as a promise not to engage in similar behavior in the future,” and to that extent, it was coercive and permissible as a sanction for civil contempt. In re Marriage of Samuel, 394 Ill.App.3d at 402, 333 Ill.Dec. 750, 915 N.E.2d 821.

We find that the purging provision which would allow Grund and Leavitt an opportunity to purge the contempt by paying the $100 fine was well within the court’s discretion in the selection of a purging provision and was remarkably restrained, given the entire record of this case.”

“We’re close to a civil war” – Judge Haracz leads the corrupt plundering thieves in Cook County family court

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Judges like Judge Haracz in Cook County are typical of how our family court system in the U.S. is in meltdown, plundering families for their profit and to enrich child representatives, court appointed lawyers, counseling agencies, visitation supervision agencies, defaming non-custodial parents, promoting divorce, insisting on family separation and long drawn out proceedings that seriously harm the mental health of children. Judge Haracz abdicates his responsibilities and simply rubber stamps the lies of the child representatives like David Wessel and Regina Scannicchio. How do we know this. Well, we have the pleadings and reports from numerous cases, only one of which we have started to post on this blog. When we finish posting all the evidence, there will be only one thing left – IMPEACH JUDGE HARACZ – he is destroying families. Much much more to follow. Join us in protest August 12, 2011, north side of Daley Center, from 8 am to 5 pm.  Show your support for courageous parents like Linda Sacks, David Bambic, Gwendolyn Shavers, Nancy Roulfe and others by standing with us.

Follow the pending historic United States Supreme Court case addressing the abuses of Child Protecton Services in divorce cases here.

Read the United States Supreme Court petition here.

The following video says it all:

A message to corrupt Cook Count Court judges! Stop corruptly diverting billions from social security

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We’re not going to take it anymore!

You’ll see!

View official protest song for August 12, 2011 nationwide protest August 12, 2011 against corrupt family courts and child protective services, who have diverted billions from social security Title IV funds to enrich judges and court appointed attorneys and child representatives.

We are fed up with destruction of families and children by corrupt courts dragging out divorce and child protection cases, ordering unnecessary evaluations, allowing unproven false allegations against a parent to deprive the parent of custody and unsupervised visitation.

We demand an immediate stop to payments to these corrupt persons and to denial of due process in divorce and child  custody proceedings!

For more information see this link.

Also see link to national protest web site here.

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