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Posts Tagged ‘Illinois Courts

Family courts practicing medicine without license results in destroying kids & family finances for profit

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by M Gerhardt

One of the biggest injustices in the courtroom is the unauthorized practice of medicine.  What I mean by that is that everyone thinks they are mental health experts, although none went to medical school.  Guardian Ad Litems (who are lawyers by statutes – we’ll get to that in future legislation.) have no problem with diagnosing parents and children, even though the GAL/Lawyer has absolutely no training in mental health, nor are licensed to practice medicine.  Hell, every lawyer in the courtroom has no problem with diagnosing the opposing Party’s clients and the children.  Now I know that many of you think that the judges do the same.  No they don’t.  They weigh the evidence (I know, that is arguable), listen to the experts (okay, maybe not) then makes a legal Finding.  I really wish I could bad-mouth judges here, but I can’t.  Well, maybe I can because for them to get to this point they should follow certain rules and procedures regarding evidence and testimony before making a Finding. Being Family Court, they do not.

 

Ignoring most of the above, what does this have to do with HB4113?  It’s that the lawyers of the ISBA and the Family Court judges are calling legislators and telling the legislators that Illinois HB4113 is not in the “best interest” of children.  Hmm, we see boatloads of (real) experts (mental health professionals) saying that shared-parenting is in the “best interest” of children, then we have the legal folks who make tons of money creating fights between parents over children by weighing-in on something they have no knowledge of.

 

Judges and lawyers (ISBA) are not mental health professionals.  Not even close.  “Best interest” is a mental health issue.  So when a judge/ISBA is stating that a certain Bill (HB4113) is not in a child’s best interest, but the parents’ best interest, we should point out that “best interest” is mental health determination, and that neither the judge, lawyers, or ourselves are mental health professionals (unless we are).  And if you are a mental health professional, or have some training (educators?), then say that you have knowledge of the field.

 

As a side note:  My belief is that judges who advocate in support/oppose legislation are in violation of Separations of Powers under the Constitution.  But we already know that Constitutional Issues are ignored in the Family Courts.  So why would we be surprised that judges would ignore the Constitution outside the Courtroom?  Strangely, I rarely hear of non-Family Law judges weighing-in on legislative matters, much less weighing-in as aggressively as Family Law judges do.

 

Support activist’s claim IL battery statutes unconstitutional-touching officer not crime

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UPDATE: Next court date July 11, 2019, 10 am RM 506, 2600 S California, Chicago

Shelton will argue motion to reconsider order quashing all her subpoenas & therefore denying her right to defend herself

Motion to Dismiss 4 fraud on Grand Jury denied 1/9/18

Also please come and support Shelton at Daley Center Chicago Rm 2008 Feb 23, 2018 at 9:30-11:00 for hearing on civil rights suit against criminal trial Judge & States Attorney

Shelton in 2017 filed Civil Rights complaint for Declaratory & Injunctive Relief Under Federal Civil Rights Act against Court Clerk, Judges, & States Attorney for illegal acts on this case which make any trial unfair and unconstitutional uncluding:

  1. Unconstitutional No bail order X 1 yr
  2. Unconstitutional excessive $300,000 bail without Americans with Disability Act (ADA) accommodations or consideration of indigency
  3. Unconstitutional refusal of Clerk to file Habeas Petitions and schedule hearing before chief criminal court judge to strike case & charges
  4. Unconstititional refusal by chief criminal court judge to hear Habeas Petitions that argue no probable cause means case must be dismissed as this violates Constitutional Suspension Clause
  5. False arrest & malicious prosecution without probable cause as officers induced PTSD flashback presumably causing Shelton to sit on floor in fear waving arms against perceived blows as flashback causes Shelton to relive beating by officers & other attacks
  6. As misperceiving events during flashback-unable to form intent to touch an officer so no probable cause
  7. As sheriff staff committing crime of failure to accommodate disability & battery of disabled person by failing to follow doctor’s order & leave Shelton alone until flashback passed/instead loudly and violently grabbing and carrying Shelton exacerbating flashback and causing loss of balance, that reflexively due to spinal cord imjury and neurological disease, caused lack of balance, causes Shelton to reach out & try to grab something/ when officers cause a person to commit a “crime” (touching an officer) the charge is void due to the criminal acts of officer
  8. Unconstitutional refusal to have jury trial for fitness hearing
  9. Unconstitutional excluding Shelton from fitness hearing, from testifying, from calling witness psychiatrist who would have testified Shelton fit for trial, not dangerous to anyone, disabled physically and suffering PTSD, and never suffering psychosis
  10. Illegal for Judge Cannon to declare that Shelton psychotic and unfit without psychiatrist agreement
  11. Illegal remand of Shelton to secure mental health facility in 2013-Elgin Mental Health Center-after fitness hearing devoid of due process and with no evidence Shelton too dangerous to release and send to outpatient clinic (Judge Cannon acted like Soviet fascist sending dissident critic of court to mental health facility unnecessarily to shut her up)
  12. NOTE: Elgin MHC found Shelton fit, but medically neglected by Cook County Jail with blood tests similar to what is found in a “concentration camp survivor”
  13. Unconstititional quashing of Shelton’s subpoenas for court disability coordinator, medical records, and doctors, thereby quashing Shelton’s defense
  14. Unconstitutional refusal to hear motions in a timely fashion including Motions to Dismiss, reduce bail, demand due process and reconsider orders quashing subpoenas, for substitution of public defender for misconduct, for fraud on grand jury by States Attorney Alvarez for failing to tell them about disabilities and Sheriff staffs’ crime of failing to accommodate them after being informed by court disability co-ordinator, as well as of battery of disabled Shelton by Sheriff staff
  15. Illegal failure of judges to follow IL Supreme Court rules in wording of interlocutory order denying Motion to declare part of battery statute unconstitutional, thus impeding illegally timely appeal
  16. Bizarre behaviors of Judge Cannon both before and after her cancer treatment causing her to act both biased and suggest she may be suffering from dementia or chemo brain as she has episodes of not remembering what was said or declaring something was ruled on when it wasn’t with States Attorney and Public Defender failing to report this to Judicial Inquiry Board for investigation and possible removal as a judge
  17. Bizarre attacks by Judge Cannon against Shelton’s disability co-ordinator interfering with Shelton’s due process and
  18. Speedy trial violations

On 12/9/16 an active running escapee bumped into Shelton in Hall, causing aggravation of chronic pain & musclespasms + PTSD flashbacks as officers dashing around induced flashback since she felt they would again falsely arrest her for battery for bumping an officer with walker when chasing officer brushed against coat hanging from walker. Asst States Attorney and judge now threatening contempt charge for disability assistant who informed Judge Cannon that Shelton traumatized & hearing needed continuence as well as threatening contempt against Shelton for writing memorandum of fact explaining what happened, providing education about PTSD, and explaining how she developed PTSD.

Judge has refusd to allow Shelton to finish argument on her motion to strike case for States Attorney’s fraud on grand jury and refused to sign order correcting judge’s error on previous order denying motion to declare part of battery statute unconstitutional so that Shelton can appeal this order. Thus judge denying due process in impeding appeal and motion hearing.

UPDATE: Stand up for civil rights Come to next court date 03/23/18 at 10 am rm 506. 2600 S California, Chicago, for argument that indictment should be stricken for fraud upon the grand jury by the State’s Attorney in failing to present fact that alleged act of “touching an officer’s ear” was induced/triggered by the Sheriff Courtroom Deputies violating ADA accommodations for disabled Shelton in that they pushed her, causing her to lose balance, and triggered a PTSD flashback, causing her to cower and waive her hands around her head believing she was being attacked.

Update 12/9/16: UPDATE – On 12/9/16 Judge Cannon granted Motion to rewrite the order denying Motion to Declare Battery statute unconstitutional so that Shelton can immediately appeal it; however, when a crazy detainee bolted and ran into Shelton trying to escape on 12/9/16 Shelton was slightly injured and hearing rescheduled for 1/20/17 when order will be written and Shelton will finish her argument that charges are void due to prosecutor’s fraud upon the grand jury.
Update 7/13/16: she denied motion to declare battery statute unconstitutional – next motion claims charge void as fraud on grand jury & ADA violated when officers used disability to trigger harmless “criminal act” of touching officer’s ear charged as felony battery with up to 14 yr sentence

On July 13, 2016 Judge Diane Cannon will announce her written opinion concerning Dr. Shelton’s motion to declare the Illinois battery and aggravated battery statutes unconstitutional concerning de minimus, minor, or no harm with alleged crime of touching or raking contact with a person or officer. Help fight injustice in Illinois by coming to court at 10 am 7/13/16 room 506 at 2600 S. California Ave (no cell phones or electronic devices allowed in courthouse).

Shelton’s argument is that charging a disabled tremulous, spastic person with felony battery for touching an officer due to their spasticity or due to an officer purposely inducing a PTSD flashback where a person unintentionally touches an officer without harming them is abusive and unconstitutional.

It is particularly abusive and unconstitutional as it violates the ADA (Americans with Disabilities Act) in that in this case against Shelton the Court Disability Coordinator, Melissa Pacelli, had been given written documentation by a psychiatrist and other physicians that Shelton suffers from PTSD (post-traumatic-stress disorder) due to having been previously beaten by Sheriff and Chicago police officers and during flashbacks triggered by specific actions of officers as a result of the PTSD she “misperceives ongoing events” (becomes confused believing she is being attacked by officers) and that male officers should not yell at her and grab her, but should “back-off” if a flashback occurs as Shelton is “inherently non-violent”, as well as because she cowers, is fearful, and crys, as well as may defensively waive her arms around her head thinking she is defending herself or may reach out suddenly to prevent herself from mis-perceived falling during flashbacks if pushed as she suffers from congenital and acquired severe balance problems requiring the use of a walker and if pushed she grabs out involuntarily to keep from falling. Thus, they should wait until the flashback is over and she understands what is going on when one occurs, rather than rush her, grab her, and push her. Such actions by officers will cause Shelton to unintentionally touch officers and this fact is sufficient to be an outrageous reason to charge Shelton with felony battery that has as a sentence a possibility of as much as 14 years in prison.
As intent is a required element of the crime of battery, during flashbacks, Shelton is unable to form intent to harm an officer due to the PTSD and balance issues if she is pushed, particularly by loud and aggressive male officers, and the criteria for felony battery is unconstitutional according to Shelton due to the fact that a disabled person without intent can be charged with felony battery merely for touching an officer under such a circumstance.

For more information about the aggravated battery case against Shelton for “touching an officer’s ear” see this post.

Recently a grandmother, Ms. Tina Hunt plead guilty of aggravated battery for kicking an officer in a courtroom when she got mad and received a one year sentence – she could have received a mandatory six year sentence if she went on trial before a jury. This would have been a harsher sentence than a sentence for sticking a knife into an officer or throwing acid in a person’s face. This is outrageous abuse of criminal law. That is why Shelton has argued that the statute is unconstitutional.

Written Motion to Declare Battery Statute Unconstitutional

States Written Response to Shelton’s Motion to Declare Battery Statute Unconstitutional

Shelton’s Written Reply to States Written Response to Shelton’s Motion to Declare Battery Statute Unconstitutional

Oral argument by Shelton

After Shelton’s oral argument in May 2016, Judge Cannon gave the State another two weeks to prepare their oral argument. The State’s response was as follows:

State’s Argument essentially was “we stand on our written pleading” – [apparently they had no rational argument to counter Shelton’s pleadings and statements.]

The judge then gave herself six weeks to consider the arguments and come up with a written decision. Judge Cannon’s written decision will be announced on July 13, 2016.

UPDATE: Her decision was a two sentence statement without ANY explanation: “The defendant’s motion to declare the Aggravated Battery Statute unconstitutional is respectfully denied. This is a final order. Dated July 13, 2016 by Judge Diane Cannon.

Appeal will be filed, but in Illinois it likely won’t be filed until the end of the case because the higher courts have no jurisdiction on pretrial motions [known as interlocutory motions] until ALL issues in the case are final or until IL Supreme Court Rule 304(a) is followed. Shelton is filing a motion to rewrite the order properly, but it probably will be denied on 12/9/16. UPDATE – On 12/9/16 Judge Cannon granted Motion to rewrite the order, however, when a crazy detainee bolted and ran into Shelton trying to escape on 12/9/16 Shelton was slightly injured and hearing rescheduled for 1/20/17 when order will be written. This rule states as follows:

Supreme Court Rule 304(a) provides as follows:

ll Parties or Claims — Necessity for Special Finding. If multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying enforcement or appeal. Such a finding may be made at the time of the entry of the judgment or thereafter on the court’s own motion or on motion of any party. The time for filing the notice of appeal shall run from the entry of the required finding. In the absence of such a finding, any judgment that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or appealable and is subject to revision at any time before the entry of a judgment adjudicating all the claims, rights, and liabilities of all the parties.” (87 Ill.2d R. 304(a).)

_______________________________________________________________

It is without common sense, but the Illinois Appellate Court said that using the word “final” does not comply with Illinois Supreme Court rule 304(a).

According to the Illinois Appellate Court 1st District an interlocutory order that states that a pretrial order is “final and appealable” is insufficient to confer jurisdiction on the appellate court. Until the final disposition of all issues in the case the statutory terms “there is no just reason for delaying enforcement or appeal” are required to confer jurisdiction of the Appellate Court from a pretrial order of the local Circuit Court. Greer v. Yellow Cab Co., 582 N.E.2d 1292, 221 Ill. App.3d 908, 164 Ill.Dec. 348, (1991) IL App (1) 1-89-1548

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: Complain to Cook Co States Attorney Kim Foxx (@KimFoxxSA on Twitter) because she refuses to meet with Shelton or supervise the case

UPDATE: Next court =Mar 26, 2019 10am room 506 2600 S California Chicago

UPDATE: Next court date May 18,2018 room 502 before Judge Wadas to hear motion to substitute Judge Cannon for mental incompetence likely due to chemo brain dementia

UPDATE: COME TO next court date 3/26/2019 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 12/1/17 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 Judge granted motion to correct order but refused to sign it & threatens Shelton if she tries to ask judge.

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 = 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.

Activists ask U.S. Supreme Court to appoint special master to review and correct lawlessness in Cook County Courts

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This motion to the United States Supreme Court requests that the high court consolidate the issue of lawlessness (denial of civil rights including right to petition for writ of habeas corpus, due process, compulsory process, trial by jury, right to counsel, speedy trial, substitution of judge for cause [bias] and ADA accommodations) in three cases before the court: 12-6561, 11-10814, and 11-10790. It exposes the pervasive and systemic ignorance, maliciousness, cover-up of corruption, and denial of civil rights by judges throughout the Circuit Court of Cook County.

The cases which the activists, Linda Lorincz Shelto, PhD, MD, and Mr. David Bambic are requesting to be consolidated over the issue of appointing a special master to investigate the Cook County Courts and institute systems of oversight of the judges and judicial education including civilian, non-court related oversight include the following three cases:

Motion to consolidate cases over issue of lawlessness in Cook County Courts exhibited by Judges: Michael McHale, Joseph Kazmierski, David Haracz, Peggy Chiampas, Jorge Alonso, Veronica Mathein, Kathleen Pantle, Marie Kuriakos Ciesil, Mary Margaret Brosnahan, Kenneth J. Wadas, Colleen A. Hyland, Noreen Daly, William D. Maddux, Timothy Evans, and E. Kenneth Wright Jr.

Original Petition for Writ of Mandamus for violating habeas corpus rights and holding persons for trial without probable cause.  Case No 12-6561

Exhibits for above: Volume 1, Volume 2, Volume 3.

Original Petition for Writ of Mandamus in United States Supreme Court due to Trial Court (Judge  Peggy Chiampas) ignoring due process and civil rights (speedy trial, compulsory process, ADA accommodations, substitution of judge for cause [bias]).  Case No 11-10814

Motion for rehearing of 11-10814 after dismissal without comment.

Motion to add two more questions for rehearing concerning refusal to allow petition for writ of habeas corpus to be filed and heard in 11-10814

Original Petition for Writ of Certiorari (appeal) to U.S. Supreme Court regarding lawlessness (violation of trial rights, compulsory process [discovery], refusal to follow Illinois Statutes, and use of hearsay for decisions) Case No 11-10790

Cook County Court Clerk Dorothy Brown grossly negligent in maintaining docket

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Cook County Circuit Court Clerk (“CCCCC”) Dorothy Brown is required by Illinois statutes to keep accurate court records and to record court dates, filing of motions and  other pleadings and orders of the court on an electronic docket [=a brief entry of the proceedings in a legal case]. That is her job for which she was elected.

The docket is used by litigants or attorneys to keep track of when pleadings were filed, what orders have been entered and when as well as court dates.

However, the CCCCC’s docket does not have any details that allow a litigant or attorney to determine which pleading, motion, petition, or  order was entered or filed on a particular date.

These inadequacies cause the litigants and attorneys to be impeded in their case, causes them to spend extra time and money figuring out what is going on and when they have deadlines to meet, etc.  This is particularly true when a new attorney comes on the case and needs to quickly get up to speed as to what has occurred in previous proceedings.

With modern computers, it would be easy for the assistant clerks to type in the name of the pleading, motion or petition, as well as to type in specific summaries of the orders. In that way the docket would serve as it is supposed to do – as a snapshot of the case. However, CCCCC Brown has failed to enact a system where the assistant clerks properly enter the name of the pleading or details of the orders into the electronic record (docket). Instead a vague nonspecific statement is entered such as “motion filed” or “order entered”, as well as “continued for status” [without stating which motion was continued]. Statements such as “entered and  continued” fail to give sufficient detail for the reader to tell what was entered and continued.

Please write to Chief Judge Evans and Cook County Board President Tony Preckwinckle and ask them to order CCCCC Brown to remedy this serious deficiency and start a system where specific names of pleadings, motions, orders or memoranda as well as details of orders be entered onto the docket.  In addition, she should explain how she provides supervision of her assistant clerks in order to ensure that the error rate for docket entries is minimum.  Right now I have documented a 37% error rate in the docket of significant entries such as orders. See article about the error rate at this link.  Their addresses are at the end of this post.

The docket entries look like this:

Activity Date: 7/29/2009 Participant: SHELTON LINDA
CASE SET ON STATUS CALL
Date: 9/24/2009
Court Time: 1000
Judge: WARD, JOHN A.
Microfilm: LD000641353
Activity Date: 9/23/2009 Participant: SHELTON LINDA L
MOTION FILED
Attorney: PRO SE
Activity Date: 9/24/2009 Participant: SHELTON LINDA
COMPLY – CONTINUED –
Date: 10/29/2009
Court Time: 1000
Judge: WARD, JOHN A.
Microfilm: LD000772660

Chief Judge Timothy Evans
Cook County Circuit Court
50 W. Washington, Rm 2600
Chicago, IL 60602

Cook County Board President Tony Preckwinkle
118 N. Clark Street Room 537
Chicago IL 60602
Phone: (312) 603-6400
Fax: (312) 443-4397

Written by Linda Shelton

January 15, 2012 at 4:10 pm

How DCFS workers or child representatives in family courts lie and legally kidnap your children

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DCFS in Illinois = Child Protective Services (CPS)
Child representatives from family courts (divorce courts) often act like social workers depicted in this video.
It is a sad fact that CPS workers, child representatives and court appointed guardians of elderly person act in the manner depicted in this video.
Protect yourself and learn from this video.
Stand tall and fight back – see govabuse.org and other posts on this web site about family courts and elder guardians.

What are the motives, incentives and financial reasons why the family and probate courts are corrupt and use Title IV Social Security money to enrich court appointed lawyers, guardians, child representatives, counselors, and child protection and adoption agencies to destroy families, cause parental alientation, legally kidnap and adopt out children from loving parents, and kidnap the elderly, falsely label them mentally incompetent, appoint a guardian and ban their families from visiting them when illegally detained in a nursing home why they rape the elderly person’s estate – see this video:

No Justice – No Peace – We will prevail – Corruption in Family Courts & Probate Courts

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You go in trusting that this [the divorce and custody court process] is part of it – – that this is honest stuff going on.

You think this is  honest because you know no different. How would you even know to Question what they are doing (the lawyers, judges, and custody evaluators [child repressentatives and guardians] ) if you have never been a victim of it. ” Mother of 4, child taken at age 3 – scarred for life.

The judicial kidnapping of your own children under the color of law is like a repeated relentless rape

a part of you – being ripped from you and there is nothing you can do about it!!!

Sandra Padrone, judicially gagged mother of 4 children who have been kidnapped for 1 1/2 years – separated from the mother, under false pretenses.

Part 2 of video from protest in Chicago on August 12, 2011 as similar protests occurred around the country.  This is first in what will be a continuing exposure of corruption in the courts.  See press releases here and here.

Why are we protesting? Linda Lorincz Shelton, PhD, MD tries to explain how billions in Social Security funds are used to destroy families instead of preserve them, against the best interest of the children in order to enrich child representatives, court appointed lawyers, and guardians who may receive as much as $300 to $1200 per hour. This is a national disaster in terms of waste of taxpayer funds, which are used to make people rich, while destroying families, impoverishing families, thus increasing the welfare roles and decreasing income taxes as parents end up losing jobs as their families are destroyed.

Part 1 of video – two children who are friends of other children who have been judicially kidnapped and given to an abusing parent after the other parent reported the abuse.

Part 3 of video – August 12, 2011 protest outside of Chicago Daley Center where Cook County First Municipal District family court cases such as divorce are held. Protesting violation of laws and  rules by judges and court appointed lawyers, resulting in demonizing of one parent, barring parent from seeing their children, allowing other parent to legally kidnap the child, preventing falsely accused parent from presenting evidence and witnesses at trial, and essentially legally kidnapping the children, harming them by breaking delicate parental-child bonds, and then extorting money from the parents to enrich court appointed lawyers who drag out the proceedings in order to enrich themselves.

Signs say:

“Family Court = Family Destruction”

“Crook County Courts Alienate Families”

Judge James L. Rhodes Finds Deputies Not Credible

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SHERIFF DEPUTIES COMMIT PERJURY

Cook County Sheriff Deputies Rebecca Doran and Maureen Caliendo, with the full encouragement of Assistant Chief Lyons and the Cook County State’s Attorney falsely arrested Dr. Shelton, maliciously prosecuted Dr. Shelton, for aggravated battery, but Dr. Shelton was found not guilty by a responsible and honest, intelligent judge, Honorable Judge James L. Rhodes, who found the deputies’ testimony “not credible”.

http://cookcountysheriffdeputies.wordpress.com/2009/06/06/deputy-rebecca-doran-deputy-maureen-caliendo-sergeant-patricia-mccollum-assistant-chief-kevin-lyons/

During trial, Hon. Judge Rhodes was fair, listened intently to both sides, weighed the evidence carefully, was intellectually honest, exhibited an impressive ability to see the whole picture, displayed an excellent fund of knowledge about the law, had a calm and reassuring demeanor, kept excellent control of the trial and his courtroom, and asked appropriate questions of the witnesses even when the State or defense failed to ask such questions, in order to clarify the facts. His instructions and speech were clear, polite, and easy to understand.
I highly recommend him as a judge and believe he should be promoted to a position of authority. I believe it is unlikely that he would become corrupt.

Judge Maddux Dismisses Torts with Dual Court Assignments for Same Case – Hidden “Black Line Trial Call” – RICO Violation?

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Judge Maddux Violates Constitutional Rights – Dismisses Torts with Dual Court Assignment for Same Case – hidden “Black Line Trial Call” WITHOUT Notice to Litigant – RICO Violation?

 In the Circuit Court of Cook County Law Division Presiding Judge William D. Maddux has devised a system that has been in place for several years that serves to quash cases primarily of pro se and indigent plaintiffs  by “dismissing for want of prosecution” (“DWP”) without notice in violation of Illinois Supreme Court Rules. Judge Maddux appears to suffer from arrogance, a controlling obsessive-compulsive character where he must micro-manage as many aspects of all cases in his division as possible, narcissism in that he must be involved in every case and grandiose delusions in that he must boost his self-esteem by controlling others in all cases – even to the point of denying civil rights and the law.

 

This scheme involves assigning each case to two parallel courts. The first is the motion judge and then trial judge. The second is the “Black Line Trial Call.” Litigants are not informed or given notice about the “Black Line Trial Call.”  The second parallel court hearings are used to cause DWP without notice.

 

This scheme that he devised purportedly to move cases along faster, but which actually denies the First Amendment right to redress of grievances, amounts to a RICO violation. Judge Maddux is enriching the courts and clerk’s office or County of Cook by taking money for filing fees and then illegally quashing the cases by DWP in clear violation of law. This makes the Cook County Circuit Court Law Division and the Cook County Circuit Court Clerk’s Office a criminal enterprise used by Judge Maddux, with approval of Chief Judge Timothy Evans and Cook County Circuit Court Clerk Dorothy Brown, essentially influencing this criminal enterprise by influencing through racketeering the outcome of every case in the Law Division. The crimes are fraud in that the Circuit Court appears to permit a person redress of grievances and accepts their filing fee, but instead DWP without notice in an unconstitutional scheme. This is also felony violation of civil rights under color of law and conspiracy to violate civil rights under color of law. As the mails are used in this scheme to inform the plaintiffs that their cases have been dismissed this is also mail fraud. Finally, this is also theft of honest services, as courts are supposed to uphold the constitution, not purposely violate it.

 The scheme or conspiracy to wholesale deny civil rights under color of law goes as follows:

 The plaintiff files a lawsuit (tort) for damages and pays the filing fee thinking that they will obtain redress of grievances and have a just chance to present their case to court and be made whole by awarding of damages.

 The case is assigned by a random system to a motion judge. If it finishes all pre-trial matters, it is then assigned to a different judge for trial. (The ABA recently advised that a case should stay with the same judge from pre-trial through trial as a matter of best practice. The present system is a mess as the motion judges are often changed in the middle of cases and then the judge is totally unfamiliar with the previous motion judge’s rulings and time is wasted and rulings become unfair and confusing because of ignorance of the judge. The trial judges are then also unable to make appropriate rulings through ignorance of previous rulings and this impairs a fair hearing.)

 The case is also assigned to an 18 month or 24 month pre-trial “discovery” schedule for purposes of the “Black Line Call.” The plaintiff is NEVER told that the “Black Line Call” system exists and only find out about it by word of mouth, if they read the Circuit Court of Cook County web site in detail, or if they read the Cook County Circuit Court Clerk web site in detail, which contains a link to the Court web site and contains the “Black Line Case Docket”.  The majority of pro se litigants who are novices therefore do not know about this second court “system,” to which their case is also assigned.

 When the case reaches the 18 mo or 24 mo discovery schedule date, it is assigned to the last number on the “Black Line Call”, a list of cases. The cases are heard about thirty a day without any notice except publication in the Chicago Daily Law Bulletin and the case being listed on the Court Clerk’s “Black Line” computer docket. A specific date is NOT given for the hearing, but rather the litigants must guess at the date that the case will move from the end of the line of about 300 cases to the first thirty cases (“above the Black Line”), or read the Chicago Daily Law Bulletin or court computer docket every day after 4:00 p.m.

 The plaintiff must appear on that date at 9:00 a.m. or the case is DWP. No continuances of any kind are allowed. No accommodations are made for the disabled or pro se litigants of any kind. Then when the case is DWP, the plaintiff receives a postcard in the mail from the court that their case has been dismissed and the motion judge will refuse to hear it any or receive any motions. The litigant will have to make a motion to vacate the DWP before Judge Maddux within 30 days or make a 1401 petition before Judge Maddux for the case to be re-instated. Judge Maddux refuses to re-instate cases for unknown reasons.

 For Judge Maddux’s Law Division rules and orders related to the “Black Line Trial Call: see:

 http://www.cookcountycourt.org/divisions/index.html

 Illinois Supreme Court Rules 104 and 105 require proper notice be given to a litigant before a motion, including a motion of the court under the “Black Line Trial System,” can be heard by the court. Therefore, since all orders for DWP by Judge Maddux or his designee judge were done without proper notice to the litigant, these orders are all null and void. The court fails to make a motion or affidavit or order to hear the case in a hearing before a judge other than the judge assigned for the case and fails to specify that this hearing is ordered by the court, for the purpose of setting a trial date and ordering discovery be finished or closed or extended. A case cannot constitutionally be DWP for failure to appear at a “Black Line” hearing when the plaintiff was not legally notified of the hearing per the following Supreme Court Rules and Illinois Statutes:

 “Rule 104. Service of Pleadings and Other Papers; Filing

(a) Delivery of Copy of Complaint. Every copy of a summons used in making service shall have attached thereto a copy of the complaint, which shall be furnished by plaintiff.

(b) Filing of Papers and Proof of Service. Pleadings subsequent to the complaint, written motions, and other papers required to be filed shall be filed with the clerk with a certificate of counsel or other proof that copies have been served on all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead.

(c) Excusing Service. For good cause shown on ex parte application, the court or any judge thereof may excuse the delivery or service of any complaint, pleading, or written motion or part thereof on any party, but the attorney filing it shall furnish a copy promptly and without charge to any party requesting it.

(d) Failure to Serve Copies. Failure to deliver or serve copies as required by this rule does not in any way impair the jurisdiction of the court over the person of any party, but the aggrieved party may obtain a copy from the clerk and the court shall order the offending party to reimburse the aggrieved party for the expense thereof.

Rule 105. Additional Relief Against Parties in Default–Notice

(a) Notice–Form and Contents. If new or additional relief, whether by amendment, counterclaim, or otherwise, is sought against a party not entitled to notice under Rule 104, notice shall be given him as herein provided. The notice shall be captioned with the case name and number and shall be directed to the party. It shall state that a pleading seeking new or additional relief against him has been filed and that a judgment by default may be taken against him for the new or additional relief unless he files an answer or otherwise files an appearance in the office of the clerk of the court within 30 days after service, receipt by certified or registered mail, or the first publication of the notice, as the case may be, exclusive of the day of service, receipt or first publication. Except in case of publication, a copy of the new or amended pleading shall be attached to the notice, unless excused by the court for good cause shown on ex parte application.

(b) Service. The notice may be served by any of the following methods:

(1) By any method provided by law for service of summons, either within or without this State. Service may be made by an officer or by any person over 18 years of age not a party to the action. Proof of service by an officer may be made by return as in the case of a summons. Otherwise proof of service shall be made by affidavit of the server, stating the time, manner, and place of service. The court may consider the affidavit and any other competent proofs in determining whether service has been properly made.

(2) By prepaid certified or registered mail addressed to the party, return receipt requested, showing to whom delivered and the date and address of delivery. The notice shall be sent “restricted delivery” when service is directed to a natural person. Service is not complete until the notice is received by the defendant, and the registry receipt is prima facie evidence thereof.

(3) By publication, upon the filing of an affidavit as required for publication of notice of pendency of the action in the manner of but limited to the cases provided for, and with like effect as, publication of notice of pendency of the action.”

This “Black Line Trial Call” invented and administrated by Judge Maddux in violation of Supreme Court Rules and due process therefore amounts simply to a scheme to quash as many cases as possible without due process by having a dual court system, of which the litigant is not informed about, nor is given notice of hearings. In my opinion this amounts to a RICO violation, in that Judge Maddux with the agreement of Chief Judge Evans, Clerk Dorothy Brown, and Sheriff Dart use the Circuit Court of Cook County and its arm the Clerk’s office as a criminal enterprise to enrich the Clerk’s Office and the Sheriff’s Office by violating laws and depriving pro se, primarily indigent plaintiffs of their constitutional right to redress of grievances and due process. The laws violated are:

1)                  Constitutional right to redress of grievances;

2)                  Due Process under the Fifth and Fourteenth Amendments;

3)                  Violation of Civil Rights Under Color of Law;

4)                  Conspiracy to Violate Civil Rights Under Color of Law;

5)                  Theft of Honest Services by Judge Maddux and Clerk Dorothy Brown (Acting as a judge yet denying due process and violating constitutional rights, collecting fees knowing that due process will be denied and mailing a postcard verifying that due process was denied);

6)                  Obstruction of Justice (interfering with First Amendment rights to redress of grievances);

7)                  Mail Fraud (mailing a postcard to litigant that the case is dismissed [yet the dismissal is void as due process is denied]);

8)                  Extortion (of original filing fee and fees for service to Sheriff with no intention to actually give plaintiff due process);

9)                  Extorting money by denying due process in order to enrich a criminal enterprise including the Circuit Court of Cook County through the Office of the Clerk of the Court – filing fees; and through the Office of the Cook County Sheriff – service fees (all fees fraudulently obtained as the “Black Line Trial Call” system or scheme sets up the majority of pro se plaintiffs to have their cases dismissed without notice or due process).

The FBI and United States Attorney should be investigating this, should prosecute the offenders, and should restore constitutional rights to redress of grievances and due process to the citizens of Cook County.

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