Cook County Judges

Send your comments to picepil@aol.com (see about for guidelines)

Posts Tagged ‘Bond

Judge agrees with motion that Illinois bail statute unconstitutional

leave a comment »


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

with one comment


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?

%d bloggers like this: