Cook County Judges

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Posts Tagged ‘Bail

Judge agrees with motion that Illinois bail statute unconstitutional

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Sheriff Dart doing a little far too late about unconstitutional cash bonds. He has no power but is trying to get publicity. He jumps on publicity wagon only when large outcry. He presides over torture at Cook County Jail and gross violation of civil rights including denying access to courts to detainees at Cook County Jail and denial of adequate medical care.

Civil rights group has filed a class action suit for failing to set bond according to ability to pay as required by IL Constitution and U.S. Constitution. download here

On Sept 30, 2015 Judge Cannon in wrongful prosecution case against Dr. Linda Shelton for “touching an officer’s ear and hair” (charged as felony battery with possible 3-14 year sentence), still pending, stated that she agreed with her motion to declare the bail retention clause of the IL bail statute unconstitutional. For details about the case read here.

BUT – Then Judge Cannon illegally stated she was entering and continuing this motion until the end of the case because she said Shelton had no standing to question the statute until the 10% of bond was actually withheld by the court clerk.

The statute is unconstitutional because the court clerk in order to extort money from all defendents, innocent and guilty, charges 10% of the bond (or 1% of the bail) as a fee for the service of processing and holding the money from a bond check. This means the clerk commits fraud by charging vastly disparate amounts for the SAME service. If bail is $300,000, then the clerk’s charge is $3,000, while if the bail is $1000, the clerk’s charge is $10, collected at the time the case is over and bond is returned – minus 10%. [Note: to get out of jail on bond in IL under a “D-bond”, the defendant pays 10% of the bail]

In any other service business, if the business charged different amounts for the same service, this would be criminal fraud.

Then Judge Cannon illegally stated she was entering and continuing this motion until the end of the case because she said Shelton had no standing to question the statute until the 10% of bond was actually withheld by the court clerk.

This is nonsense as the bond $30,000 bond (10% of outrageous $300,000 bail) has already been paid, which means the clerk must withhold 10% of the bond when it is returned at the end of the case.

This holding the decision prevents the state from appealing it directly to the IL Supreme Court until after the case is over.

Read the motion here.

Note: the new bail statute in IL that states in counties where the population is greater than 3 million, then the clerk’s charge can be no larger than $100, the statute is still unconstitutional because there is no fixed rate to bond handling charge. It is unfair to charge $10 to one person and $100 to another for the same service of handling a check and paperwork. That is denial of equal  protection in taking property under different procedures for different people.

 

Bail in Illinois is Fraud & Supports a Criminal Enterprise

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The Circuit Court of Cook County is a criminal enterprise with judges doing illegal acts to support this enterprise. Part of the corruption is ingrained in unconstitutional Illinois statutes written so that the judges could abuse them – surely written under the influence of Cook County corrupt officials. These are the statutes about bail.

The scheme goes like this: Bail laws state that the Cook County Circuit Court Clerk can keep 10 % of bond posted even when one is innocent as a fee for processing the bail. This means if you are innocent and the bail is $1000, the court keeps $10.  If the bail is $1 million, the court keeps $10,000 FOR THE SAME SERVICE!!  This is fraud under federal law. This denies equal protection under the law as a person loses their property (money) under fraudulent circumstances (clerk charges different people different amounts for same service of processing bond) without due process of law – and the judges have an incentive to set outrageous bail amounts. 

For example when a medical biller ties their fee to send in a medical bill to the doctor’s fee by charging by percentage (say 10%) of the doctor’s income, instead of charging per piece of service (per bill say $10) this causes the medical biller to be paid FOR THE DOCTOR’S work. So if the biller works for a surgeon whose average bill is $3,000, they get $300 every time they send in a bill and for the same amount of work if they send in a bill for a psychiatrist of $200, they only keep $20. The US Attorney has convicted medical billers of this fraud upon the State as Medicaid is essentially paying 10 % of the payments to the doctors for their services to the medical biller. The correct thing to do is for the biller to charge a standard fee for each bill no matter how large the bill.

Therefore, through fraud and essentially extortion of defendants, both innocent and guilty, the court clerk funds her office. Then Illinois banned bail bondsmen to make it easier for the clerk to quarantee this fraudulent income.

That is why bail is set so high in Illinois. It is usually exorbitant in order to fund the County office of the Court Clerk. With the present downturn in the economy the bails seem to be increasing!  I have proof that an innocent victim of corruption was wrongfully charged of kicking an officer in the chest with a disabled leg (physically impossible for her) from her wheelchair. She had no prior convictions and is indigent. Bail was set at $100,000.  I also have evidence that bail on several misdemeanor trespass charges was set at $25,000.  We need a federal investigation.

Illinois surely is a criminal enterprise!  Where are the feds?

Some Judges Should be IMPEACHED!

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Judges should be impeached when their conduct so intentionally impeads justice and so intentionally violates the Bill of Rights that they bring great disgrace upon the courts and cause great injustice. These impeachable acts are not just a mistake of law, or a judicial error, but rise to the level of intentional, disgraceful, illegal, unconstitutional, acts of harassment, retaliation, bullying, obstruction of justice, and aiding and abetting felony misconduct of prosecutors. These acts have caused great harm to their victims.  

I propose that articles of impeachment  should be brought against the following judges for the following reasons:

Dishonorable Judge Kathleen Pantle:

Dishon. Judge Pantle purposely violates the Constitution and the laws of both the United States and the country:

1. She issues excessive and unconstitutional bail orders out of spite, animosity, arrogance, narcissism, and deceit, even without a formal charge or due process.

On June 15, 2005 she raised my bail on a fraudulent Medicaid vendor fraud charge, upon a motion from the State for violation of bail, from a $10,000 personal recognizance bail to a $100,000 D-Bond (requires 10% payment) despite the fact she had declared me indigent, I am disabled, I had no criminal record, and I care for an elderly disabled father.  I had been jailed wrongfully by Pantle for contempt because I told her she was violating the law and had no jurisdiction in this void case, then politely attempted to walk out of the courtroom to preserve this issue for appeal, particularly because she had sue sponte removed me as pro se counsel and then denied me appointment of a public defender. During incarceration I was attacked by Sgt. Anthony Salemi, who falsified his record and said I attacked him from my wheelchair.

On December 14, 2005 in the same case Dishon. Judge Pantle arrested me executing her arrest warrant illegally issued on December 8, 2005, despite me informing her in writing on December 7, 2005 that I could not come to a court hearing on December 8, 2005 because Federal Judge Filip had scheduled my Petition for Writ of Habeas Corpus on this criminal contempt case to be heard on that morning, and even told me prior to the hearing informally through his courtroom deputy that another judge would not arrest someone for not appearing as long as they were given notice there was another court hearing. Judge Filip denied my petition without prejudice for failure to exhaust state remedies. This Petition for Writ of Habeas Corpus has now been refiled and is pending before Federal Judge Coar.   I had been illegally removed as pro se counsel (self-representation), although declared indigent denied a public defender for 7 months, denied a due  process hearing on her statement that she was jailing me because I failed to show up for hearing on December 8, 2005 and because I refused to answer questions at a fitness exam she had ordered although I showed up. It is actually a statutory right for me to refuse to answer questions. I did so in exercising this right because I am adamant that her orders are illegal and without jurisdiction – void ab initio. I refuse to bow to despots. The statute, 725 ILCS 5/104-13, even states that bail may NOT BE REVOKED to accomplish a fitness exam. Her order for a fitness exam was without legal basis – she only said my behavior in court (vigorously defending myself pro se by questioning her lack of  jurisdiction) and my copious pleadings (soon to be posted on the web motions to dismiss the case for lack of personal or subject matter jurisdiction) suggested a mental unfitness. This statement is NOT a legally sufficient allegation in open court that would justify a fitness exam.

http://www.scribd.com/doc/9694342/Shelton-Federal-Habeas-PetitionCriminal-Contempt-Conviction2008

On January 6, 2006 after the Illinois Appellate Court freed me on December 30, 2005 and reduced bail from “no bail” to $10,000 personal recognizance bail, Dishon. Judge Pantle falsely stated on the record, without me in the courtroom and without benefit of counsel that I had lied to the IL Appellate Court to obtain release and then she raised the bail from $10,000 personal recognizance bail to $500,000 D-Bond (10$ cash required to get out). The IL Appellate Court again freed me 2 weeks later, overturning her order.

2. She committed felony conspiracy to violate rights under color of law in conspiring with Bill Bradley, IL State Police Investigator William Reibel, Patrick Keenan, Nicholas Cozzolino, John Fearon, Patrick Murphy, and Judges Kathleen Pantle, Jorge Alonso, and Lon Schultz, as well as other unnamed or unknown individuals to intentionally retaliating against those who are whistle blowers against government corruption in Illinois and Cook County in that she conspired to illegally prosecute providers of mental health services to those on Medicaid so as to deny care for mental health services to those on Medicaid – this is a gross violation of her oath of office in that prosecutions without personal or subject-matter jurisdiction are forbidden;

3. She committed felony violation of civil rights under color of law as above;

4.  She committed the act of aiding and abetting felony subornation of perjury by the employees of the IL Attorney General’s Office by failing to hold hearings on my motion to dismiss for fraud upon the grand jury, including the acts by State Police Inv. Reibel in making false statements to the grand juries that indicted Dr. Shelton and Mr. Glass, including false statements about the law and about evidence;

5. She violating her oath of office in allowing the void prosecution of Dr. Shelton and Mr. Glass for Medicaid Vendor Fraud without jurisdiction and in violation of the United States Federal Medicaid Code and the Constitution’s Supremecy Clause, as well as prosecuting these persons when she had evidence they were not guilty of the alleged acts;

6. She committed malicious prosecution against Dr. Shelton and Mr. Glass in that all these persons were whistle blowers against corruption in Illinois government and these fraudulent and malicious prosecutions amounted to retaliation for exposing the criminal conduct of members of the Illinois Department of Children and Family Services, as well as officials in the City of Chicago, County of Cook, and State of Illinois;

7. She was aiding and abetting the felony violaton of civil rights under color of law by AAGs Fearon, Murray who were and are still grossly violating due process in not only prosecuting these persons without subject matter or personal jurisdiction, but also in doing so in a process indicative of gross prosecutorial misconduct in violating many rights required by due process under the Constitution;

8. She committed the felony federal crime of slavery concerning Dr. Shelton in jailing her without legal process in violation of the 13th Amendment to the United States Constitution;

9. She violated her oath of office and snubbed her nose at the Constitution in stating in open court in answer to my concerns about her lack of jurisdiction, “I don’t care,” in open defiance of the rules of law;

10. She gave false information to Judge Alonso , who had taken over the case against me when Judge Pantle was transferred out of the criminal court to the Chancery Division, while in the judge’s chambers behind the bench on April 13, 2007, so that Judge Alonso would again illegally hold me in contempt and summarily jail me – Judge Pantle was “visiting” the courtroom to finish up a few cases and hid herself in Judge Alonso’s chambers during one of my void pre-trial hearings – Judge Alonso, falsely thinking that Judge Pantle understood pro se and contempt issues BLINDLY followed her suggestions and procedures thereby also illegally finding me in contempt in an act of not just judicial stupidity, but also in an unconstitutional act;

11. She committed court ordered elder neglect, in a heartless and unethical act, by not considering my father’s situation and not allowing me to arrange for the care of my disabled father whenever she took me into custody- during May to June 2005 he lost 20 lbs and I found him at home dehydrated and depressed;

12. She ignored the well being and health of a defendant, as well as denied due process, by continuing hearings when I was substantially impaired by an asthma attack and/or dehydration and medical neglect – Cook County Jail staff had withheld my heart and lung medication;

***further details to be added to this post – work in preparation***

I call upon the Illinois House to investigate this matter and consider articles of impeachment. I call upon Chief Judge Evans to remove this incompetent, arrogant, dangerous, witch from the bench before others are harmed.

It is criminal in my opinion that she is now a bond judge in the main criminal court building concerning the most serious felonies in Cook County. Presiding Criminal Court Judge Biebel should be ashamed that he has appointed her to such an important task.

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