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Posts Tagged ‘Illinois Appellate Court

Bribes paid to fix case and elect Judge James Riley to the Illinois Supreme Court

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This is a page from the Illinois Election Board web site showing the contributions made for the election of Judge James Riley as an Illinois Supreme Court Justice in the 2012 election.

It also reveals that attorneys Kerry Peck, Timothy Ritchey, Peter Coorlas, and Cameron DeGuerre of Peck Bloom LLC each contributed to the Committee to Elect Judge Riley.  This was a week before Judge Riley upon the motions of these two attorneys ignored forgery and fraud in my probate case concerning the estate of my late father and made an adverse ruling against me as a disabled person, illegally dismissing my trust challenge due to this forgery and fraud, and ordered that my entire inheritance of $250,000 and a house be forfeited to pay their fraudulent attorney fees.

They are representing my crazy sister Alice Dale. See my motion to the Illinois Appellate Court for a stay of court orders which was illegally denied. Read my motion for stay that gives proof of the forgery and fraud. They forged my father’s name on an amended will and trust on his deathbed and then they lied in court that I did not live with my father, take care of him for three years, and they also made the dispicable lie that I didn’t love him and extorted and abused him.

This is how Illinois Corruption works.  They steal estates of the disabled, elderly, and mentally ill in a systemic fashion, laughing all the way.  You should see how Judge Riley and attorneys Ritchey and Peck wink at each other and smile in court.  It makes me puke.  When is the FBI  going to arrest them?

Please write U.S. Attorney Eric Holder and ask him when they are  going to believe Dr. Linda Shelton and her fellow whistle blowers, and come and interview us and review the evidence we have.

In order to discover the bribery and corruption all you have to do is find out the names of the judge’s and lawyer’s associates, wives, children and relatives and the names of the litigants and then cross-reference them with the contributions made to elect judges and officials.  Most of the bribery is laundered through election campaign committees.

Money is also laundered through real estate transactions in other states where the properties are bought for ridiculously low amounts with case – for example the dozen or so  properties bought by IL Attorney General Lisa Madigan in Maricopa County Arizona for $1.  Then cash changes hands secretly.  The FBI could follow the bank deposits if they wanted to.

Then money is also laundered through phoney foundations such as Save-A-Life-Foundation where Illinois Attorney General Lisa Madigan gave this foundation $50,000 out of the Illinois Attorney General’s budget (your tax dollars) and it was never accounted for, yet no charges have been brought against its CEO. Some of this is explained in this petition for writ of mandamus presently pending before the U.S. Supreme Court.

U.S. Attorney Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

e-mail = ffetf@usdoj.gov

Office of the Attorney General of the United States
(202) 514-2001

Cook County Circuit Court Judge Chiampas suspends 6th Amendment right to compulsory process and speedy trial, violates Illinois Statutes for Substitution of Judge – in acts of treason

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Shelton has filed an United States Supreme Court Petition for Writ of Mandamus against Circuit Court of Cook County Judge Peggy Chiampas for ordering denial of compulsory process, denial of speedy trial, and violation of statutes for substitution of judge for cause.

Judge Chiampas even issued a warrant on a case that Shelton won a year ago and set bail for this misdemeanor of $25,000. She also arrested Shelton for going out into the hall when she was ill, violating the U.S. Americans with Disabilities Act. In addition, she issued two bails on one case and has issued excessive bails.  Judge Chiampas is not fit to be a judge as she has no understanding of basic constitutional rights.

Judge Chiampas is incompetent, narcissitic, rude, and dangerous to the public. She needs to be immediately removed from the bench and subjected to mental health evaluation. Presiding Judge Wright and Chief Judge Evans should be held accountable for allowing this nut case to remain on the bench. She is only concerned about railroading people through her court in a rush to judgment so she can clear the calender that has been loaded up with so many cases due to misconduct of other judges. The chief and presiding judges have placed her on this call to clear the calender and have paid no attention to her incompetence and misconduct. Her courtroom is nothing more than a Salem Witch trial. Please help get this nutcase off the bench.

Judge Peggy Chiampas is so ignorant of the law that she doesn’t  understand that she cannot strike a motion for substitution of judge for cause.  She had the gall to tell Shelton that she was considering allowing her to refile the motion. Shelton on June 13th, 2012, told Chiampas in court that she had not jurisdiction, that she lost it when Shelton had her courier file a Motion for SOJ Chiampas for Cause.  Shelton said she didn’t need her leave to refile it as Chiampas’ order to strike it was VOID ab initio according to higher court case law.  Chiampas then said she was granting leave to file. Shelton said she no longer recognized Chiampas as the judge on the case and every order she makes is VOID and without jurisdiction.

See Shelton’s Petition for Writ of Mandamus to U.S. Supreme Court here and her petitions for writ of habeas corpus here (will be scanned in shortly).

See Shelton’s 1st Supplement to Petition for Writ of Mandamus to U.S. Supreme Court here.

See Shelton’s Motion for Stay of Cook County Court Proceedings in 09 MC1 223774 pending U.S. Supreme Court rulings here.

_____________

UPDATE:

Shelton made a motion for Substitution of Judge for Cause, because of Judge Chiampas history of lawlessness, and it was filed by a courier on May 29, 2012.  Judge Chiampas said it was stricken on May 29, 2012, a day Shelton did not come to court because Chiampas refused to transfer the case to the presiding judge and had ordered Shelton to come to court on May 29, 2012 and submit to a trial that day, but Chiampas had ordered that Shelton could not have witnesses (Chiampas had stricken motions to compel Clerk Brown and Sheriff Dart to produce evidence – names of witnesses. Both Brown and Dart are deliberately ignoring the subpoenas, which is a criminal act). On June 13, 2012 Shelton was in court, in custody after she had surrendered at the FBI buildling on June 8, 2012. Shelton had taken this extra time and not shown up in court so she could write a Petiton for Writ of mandamus to the US Supreme Court and file Petitions for Writs of Habeas Corpus to have these bogus cases dismissed and to order a fair trial – force the judge to be replaced and force compliance with subpoenas as well as force the court to follow speedy trial laws and the constitution  concerning compulsory process of witnesses and other laws.

The jail staff have purposely and maliciously in the past when Shelton was illegally incarcerated prevented her from having paper and pen and access to the courts, so that she had to make sure any motions were written before she surrendered.  These legal filings by Shelton apparently were noticed by Presiding Muncipal 1 Judge Wright who ordered that Judge Harmeling would hear the SOJ for Cause Motion, despite Judge Chiampas striking it.  Judge Chiampas on June 13, 2010 also ordered the states attorney to meet with Shelton who showed them that two of the case numbers were the same case and Clerk Brown had made one of her numerous clerical errors – so the state dropped one of the cases. Then Chiampas ordered Dart and Brown to have their lawyers in court on June 20 and ordered them on June 20th to comply with the subpoenas.  This is AFTER Judge Chiampas had stricken with prejudice (can’t be reinstated), on March 21, 2012, Shelton’s motion to compel Dart and Brown to comply with subpoenas. Chiampas must have read the US Supreme Court Motion which asked the court to compel Chiampas to follow the Bill of Rights and compel witnesses to comply with subpoenas.

On June 28, 2012 Shelton informed the court through an attorney that she could not appear to hear Judge Harmeling’s ruling on the Motion for SOJ Chiapas for cause that Shelton argued on June 20, 2012, because Shelton was ill and due to her multiple chronic illnesses and the extreme heat index, as well as a stomach flu with fever, she could not appear in court.  The next hearing was postponed until July 2, 2012 as a result.

Shelton, on June 13, 2012 told Judge Chiampas that it was illegal for her to strike the motion for Substitution of Judge for Cause.  Judge Chiampas said that presiding Judge Wright had ordered another Judge to hear the motion and that she was allowing the motion to be re-instated (she had no power to strike or re-instate as the only power she has after a motion for substitution of Judge is written and filed is to transfer the case to the presiding Judge).  Judge Harmeling was assigned to hear the motion and he appeared in court on June 20, 2012.

Judge Harmeling heard the Motion for SOJ for Cause against Judge Chiampas on July 2, 2012 and totally igored the higher court precedent on the topic that Shelton had written in her Motion for SOJ for Cause (see it here), as well as the law, fraudulently stating that Shelton was just angry at Judge Chiampas’ rulings and that was not a reason to substitute judge. He then denied the motion and transferred it back to Judge Chiampas. Judge Chiampas then ordered a status hearing on August 3, 2012 to check on whether discovery was complete from the subpoenas issued to Clerk Dorothy Brown and Sheriff Dart.

Shelton on July 2, 2012 filed several motions including a motion 2nd Motion for SOJ for cause

Illinois Appellate Court Snubs Nose at U.S. Supreme Court and State Law

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I have filed a criminal appeal on a case where I as a disabled person in a wheelchair was attacked by Cook County Sheriff Sgt. Anthony Salemi, he falsified his records, accused me of attacking him, committed perjury and I was wrongfully convicted:

http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

The trial court declared me indigent and ordered the court reporter to file a free copy of the transcripts with the court for an appeal. The court reporter has refused to follow the court order. The trial judge refuses to enforce the order because he said he lost jurisdiction to the IL Appellate Court.

The IL Appellate court has six time refused to enforce the court order and compel the court reporter to file the transcripts or hold her in contempt. My appeal is therefore delayed due to the illegal and unconstitutional acts of the Illinois Appellate Court First District.

The Illinois Supreme Court also has denied a motion for supervisory order to compel the court reporter to file the transcripts and compel the IL Appellate Court to enforce the order.

 The IL Appellate Court granted the Cook County States Attorney’s motion to compel me to pay for the transcripts and file them, instead of the court reporter. This is fraud upon the court as it violates a previous court order and is contempt as it also violates the United States Supreme Court holding (precedent) in a case where they ruled that indigent defendants are entitled under the due process and equal protection clauses of the U.S. Constitution to a free transcript for appeal. Illinois Supreme Court Rule 607 also mandates that indigent defendants are entitled to free transcripts filed with the court clerk by the court reporter.

Therefore both the Illinois Supreme Court and Illinois Appellate Court are committing illegal acts.

The Illinois Appellate Court has now vacated their order to compel me to file the transcripts as I moved for them to vacate order as they illegally granted the motion from the State two days too early according to IL Supreme Court rules. They also allowed me to file immediately (instanter) my response to the States Attorney’s motion to compel me to file the transcripts. This response clearly spells out the illegal acts of the IL Appellate and IL Supreme Courts in refusing to uphold previous court orders, and statutory and constitutional rights as previously decided by the U.S. Supreme Court. These are impeachable intentional acts by these corrupt and dishonorable judges. I hope the IL Appellate Court recognizes its mistakes and doesn’t just vacate the order to re-instate it several days later when the law allows them to make a decision.

It is incumbent upon the IL Appellate Court to compel the court reporter to file the transcripts and hold her in contempt if she fails to do so.

 http://www.scribd.com/doc/18285468/Response-to-State-Motion-to-Deny-Indigent-Defendant-Transcripts-for-Appeal-Illinois-Appellate-Court-2009

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.

Judicial Misconduct of Judge Joseph Kazmierski under Review by Federal Court

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The Federal Court is now reviewing my Petition for Writ of Habeas Corpus to overturn my wrongful conviction for battery to an officer where Judge Joseph Kazmierski and Prosecutors Andrew Dalkin and John Maher wrongfully convicted me through extreme judicial misconduct and prosecutorial misconduct. Cook County Correctional Officer – Sgt. Anthony Salemi had attacked me, falsified his records, said I attacked him, committed perjury at trial and intimidated others to support and cover-up his actions.

State’s Attorney Anita Alvarez Condones Nifong-Like Prosecutorial Misconduct – Federal Judge Coar Rules IL Appellate Court Violates Rights to Appeal

I, Dr. Linda Shelton, was wrongfully convicted of aggravated battery to a correctional officer on December 3, 2007. I have tried to appeal but the Illinois Appellate Court has illegally impeded my appeal. Fortunately Federal Judge Coar on January 14, 2009 has agreed with me and my case is now before him on a petition for writ of habeas corpus. I am optimistic that it will be granted. Cook County State’s Attorney Alvarez should withdraw the charges and ask for the case to be expunged due to extreme Nifong-like prosecutorial misconduct and perjury of the state’s witnesses as well as actual innocence. She is defending the state in the habeas proceedings. She should be held accountable if she fails to acknowledge these facts. See:

http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009

Judge Coar in federal district court on 1/14/09 agreed with my petition for writ of habeas corpus that by refusing to enforce the trial courts order for the court reporter to prepare transcripts and file them with the court clerk, the state has impeded my right to a direct appeal and collateral state remedies and therefore has waived their right to insist that I exhaust state remedies. This is allowed under 28 U.S.C. section 2254 (b)(1)(B)(ii) and Lane v. Richards, 957 F.2d 363, 365 (7th Cir. 1992).

This means he has ruled that Appellate Judge Sheila O’Brien and P. Scott Neville Jr. by denying my multiple motions to compel court reporters to follow the trial court orders to prepare and file my transcripts with the court clerk, have committed an act that amounts to the state waiving their right to insist that I exhaust state remedies before seeking a fed writ of habeas corpus. This is also a violation of their oaths of office.

Cook County State’s Attorney Anita Alvarez has been ordered to reply within 21 days and reply to my motion for stay of sentence (parole) within 20 days.

Impeach Judge Joseph Kazmierski – Prosecute States Attorneys Andrew Dalkin and John Maher

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Judge Kazmierski presided over a trial where I as a disabled non-violent pacifist who was wrongfully jailed for criminal contempt by a rogue judge, Kathleen Pantle, four weeks after I won an injunction against Cook County Sheriff Sheahan for violation of FOIA where he was concealing the fact that he was in violation of the Americans with Disabilities Act, was fraudulently charged with aggravated battery of a correctional officer, Sgt. Anthony Salemi.

Dishonorable Judge Kazmierski violated every aspect of due process, in that he:

  1. Permitted the case to proceed despite a legally insufficient indictment,
  2. Permitted clearly perjured testimony testimony by the state witnesses and then at sentencing when witnesses clearly impeached the statements of ALL state witnesses at trial he failed to declare me innocent not-with-standing the verdict,
  3. Permitted introduction of tampered evidence,
  4. Permitted the Nifong-like prosecutor to make statements banned by a motion in limine, testify as an expert during closing, denigrate the defense expert witness in contradiction to the facts and testimony,
  5. Failed to enforce subpoenas for key defense evidence,
  6. Permitted the trial to proceed after State destruction of weapon of crime – broken wheelchair allegedly used as a weapon (unable to show jury that the “weapon” didn’t work),
  7. Failed to allow jury instructions about spoilation of evidence,
  8. Failure to pay for expert witnesses for indigent defendant,
  9. Failure to hold evidentiary hearing on issue of perjury of sole grand jury witness,
  10. Denial of defendant’s right to present specific defenses,
  11. Permitted the prosecutor to mistate the law to the jury,
  12. Pemitting the prosecutor to blatantly and repeatedly mischaracterize the evidence to the jury at closing,
  13. Denial of offers of proof,
  14. Illegal repeatedly sustaining baseless prosecutorial objections thereby preventing defense counsel from questioning key witness who was necessary to introduce documents to impeach state witnesses, thus not permitting defense to impeach witnesses with evidence of falsification of records,
  15. Failure to permit defendant to hear side-bars,
  16. Denial of defendants right to self-representation, and
  17. Revoked my bail based on a false arrest and perjured testimony of Sheriff deputies who stated I failed to go through security at a courthouse on October 10, 2007, when in fact the surveillance video revealed I successfully passed through security, but Judge Kazmierski REFUSED to look at the surveillance video. The prosecutors suborned this perjury because they had possession of this video tape and knew that the deputies were lying.

The proof of all of the above is contained in my Petition for Writ of Habeas Corpus now before the Federal District Court, Judge Coar – see link below for details. The state has waived the requirement to exhaust state remedies because even though the trial judge declared me indigent and ordered the court reporter to prepare two sets of transcripts (records of proceedings) and deliver one to the court clerk for preparation regarding the appeal, the Illinois Appellate Court has denied motions to compel court reporters to prepare and deliver transcripts to the Circuit Court of Cook County Clerk. The corut reporters are still refusing to prepare and file the transcripts with the clerk. Therefore, the Illinois Appellate Court after more than a year is actively and intentionally impeeding my direct appeal in violation of my federal constitutional rights.

The Nifong-like prosecutors are Assistant Cook County State’s Attorneys Andrew Dalkin and John Maher. They suborned perjury and withheld evidence, as well as tampered with evidence as described in the petition below. Both should be disbarred and arrested for felony obstuction of justice and conspiracy to violate civil rights under color of law.

In fact, I had been assaulted and battered by Cook County Department of Corrections Sergeant Salemi on May 16, 2005. He falsified his records, and he knowingly wrongfully filed a criminal complaint against me falsely alleging I attacked him, in retaliation for my complaining about the Cook County Department of Corrections violating my civil rights. He stated when he entered my cell after sending away the female unit officer, 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 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, 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, which was unrebutted by the State. 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. Therefore, I was required to serve at least half the time minus 6 months per Illinois law. I was denied a stay of sentence pending appeal. 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 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 my reception events at IDOC in order to cover-up their official misconduct and ADA violations, in refusing to release the reception summary to me.

 

http://www.scribd.com/doc/10325794/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Aggravated-Battery-2009

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