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Posts Tagged ‘Impeachment

Judge Mary Margaret Brosnahan commits treason again – vindictive excessive bail

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On May 5, 2010 Annabel Melongo who has been held in Cook County Jail on first no bail for alleged violation of bail on a computer tampering charge that is bogus and without probable cause and also on a $30,000 bail on an eavesdropping charge which is bogus and without probable cause, went before Judge Brosnahan with her attorney J. Nicolas Albukerk to ask for reduction of bail. Bail was originally set several years ago on the computer tampering charge at a $10,000 personal recognizance bail (I-Bond).

Melongo has been religiously attending all court hearings on this computer tampering case for years. She was originally indicted three years ago, the indictment withdrawn and then she was re-indicted on the same charge. She clearly is NOT a flight risk. She also at this point is indigent because she cannot obtain work as a computer consultant or IT expert while under indictment for computer tampering. No one will trust her.

Therefore an innocent person, Melongo, is undergoing a civil death because Illinois Attorney General Lisa Madigan and States Attorney Anita Alvarez want to corruptly protect the reputation of politicians who gave Save-A-Life Foundation CEO Spizzirra (a “pathological liar” according to a Wisconsin court, manipulator, and a fraud artist) more than $8 million dollars without checking out her background or the legitimacy of her fraudulent corporation, and then never investigating what she did with the money. Rumor has it that kickbacks (pay-to-play amounts ended up back in the political funds of the politicians). Melongo who had been hired by SALF discovered this massive fraud and the involvement of politicians (Madigan, Durbin, Shankowsky, Duncan, etc) prior to leaving SALF. She has taken this information to the FBI and the U.S. Attorney and FBI have failed to arrest anyone as of this date!

Melongo’s supporters are asking if the Chicago FBI and U.S. Attorney are involved in this cover-up of massive fraud? Why else would they fail to arrest those involved?

Judge Brosnahan had originally set bail at “no bail” in violation of the Illinois Constitution Article I, Section 9 but reduced it to a grossly excessive $500,000 bail on the computer tampering charge in April. Her reason for setting the “no bail” amount is not known to me as I did not attend that hearing. However the “no bail” order is clearly unconstitutional and illegal.

Judges can only set “no bail” if the charge could result in a life sentence or death sentence, or if a due process hearing determines the person poses a real and present threat to the physical safety of any person. See: Illinois Constitution Article I, section 9. Obviously Melongo with no previous criminal record does NOT fall into this category.

Judge Brosnahan intentionally and willingly violated the Illinois Constitution. This is an impeachable act of treason. She clearly is not fit to be a judge.

Then Judge Brosnahan gave as a reason to decrease bail to $500,000 that Melongo had “two passports”, Haitian and Cameroonean. This is an unconstitutional and not legally authorized reason to set high bail. Bail is meant to ensure that a person comes to court, not that a person cannot get out of jail. It must be reasonable according to the United States Supreme Court in their interpretation of the bail clause in the United States Constitution Eighth Amendment which bars excessive bail. See: Stack v. Boyle, 342 U.S. 1 (1951) The States Attorney claimed that two passports means that there is a probability that Melongo is an illegal alien. She is a legal resident of Illinois with a visa. Judge Brosnahan bought this fraudulent speculation in an act of judicial misconduct.

Again, Judge Brosnahan has intentionally and knowingly violated the Illinois and U.S. Constitutions. This is another impeachable act of treason. She clearly is not fit to be a judge.

On May 5, 2010 when attorney J. Nicolas Albukerk argued for reduction to an I-Bond again or a reasonably low bail, Judge Brosnahan reduced the bail on the computer tampering charge to $300,000, again grossly excessive and again it will ensure that Melongo remains in jail for the next half year until she is brought to trial.

Again, Judge Brosnahan has intentionally and willingly violated the Constitution, which is an impeachable act of treason. She clearly is not fit to be a judge.

In April and again now on May 5, 2010 Attorney Albukerk moved for the court to declare Melongo indigent and pay his attorney fees. Brosnahan entered and continued the motion in April and has continued the motion again yesterday. She says her reason in doing so is that although Melongo is legally indigent because this reporter has written on the Internet about this story and stated that her supporters are trying to raise funds with a plea for donations, that this plea for donations is evidence that she can pay for an attorney. This is perhaps Brosnahan’s most egregious impeachable act of treason to day.

Judge Brosnahan has trashed the Constitution and is displaying to the world the incompetence of Cook County Judges, and now can be said to be aiding and abetting the gross and unconstitutional harassment of a federal witness, Melongo, which is a federal felony, as well as is committing intentionally and willingly felony violation of Melongo’s constitutional rights in retaliating against her for this writer’s  publications on Examiner.com.

This is an astonishing penalty on the exercise of my constitutional rights. Every journalist in this country should be outraged and should rally to help Ms. Melongo. Brosnahan has crossed over the line in trashing the Constitution so blatantly. For a judge to ignore the basic constitutional law as to freedom of the press, due process, excessive bail, probable cause, right to counsel despite indigency is beyond the pale and calls for swift and aggressive action to remove her from the court as incompetent and dangerous to the administration of justice.

The 1st Amendment has been violated in giving an illegal penalty on the exercise of my right to freedom of the press. The 5th and 14th Amendments have been violated in arrested and holding Melongo for trial without  probable cause.

Incompetent Illinois Appellate Judge Sheila O’Brien Again Violates U.S. Supreme Court Precedent

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Illinois Appellate Court First District Judge Sheila O’Brien should be impeached for official oppression and extensive violationof her oath of office. See all posts on this blog relating to her.

As is described in my other posts, I am appealing a criminal case against me for a fraudulent Illinois charge of Medicaid vendor fraud in regards to the jurisdictional issues, not in regards to the not guilty jury verdict. See:

https://cookcountyjudges.wordpress.com/2009/04/24/judge-paul-p-biebel-jr-violates-constitutional-right-illegally-withdraws-notice-of-appeal/

Ignorant Presiding Criminal Court Judge Paul P. Biebel Jr. and Trial Judge Jorge Alonso lost jurisdiction for everything except ordering the transcripts after I filed a Notice of Appeal on March 9, 2009. Yet Judge Biebel, without jurisdiction, sue sponte ordered the Notice of Appeal not to be transmitted to the IL Appellate Court in violation of Supreme Court Rules requiring the N of A to be transmitted within 5 days, and . This also closed the case and the Court Clerk then told me the record of appeal would not be transmitted to the IL Appellate Court. Judge Biebel should be removed form the bench for violation of his oath of office and violation of my constitutional right for an appeal and redress of grievances.

After I hand-carried the N of A to the IL Appellate Court, the Clerk of the Court, David Ravid, docketed the case and told me that Judge Biebel’s order does NOT apply to the IL Appellate Court. Then I showed the docket sheet to the Cook County Criminal Clerk and she said she therefore would transmit the record on appeal to the IL Appellate Court as per the IL Appellate Court the case was now active.

Ignorant and malicious Judge Alonso denied my motion for free transcripts for appeal despite declaring me indigent. This is a violation of U. S. Supreme Court holdings and stare decisis. Judge Alonso is blatantly violating case law and violating my constitutional right to an appeal. This is called official oppression or official misconduct and he should be criminally prosecuted and removed from the bench for violation of his oath of office, for this as well as for allowing the prosecution against me to proceed without ANY personal or subject-matter jurisdiction.

I filed three motions to the IL Appellate Court. One for indigency which today was granted by IL Appellate Court Judge Sheila O’Brien, but she added an order sue sponte against my wishes appointing the State Appellate Defender to be counsel for the case. I intend to  pursue this appeal pro se. There was NO motion for appointment of the State Appellate Defender. 

The State Appellate Defender can order transcripts free, but the Circuit Court of Cook County Reporter is more than a year behind in providing transcripts and therefore is impeding MANY appeals as they cannot be written without the transcripts being filed.

Incompetent and careless Judge O’Brien also denied the following two motions to order Judge Biebel to vacate and expunge his illegal, unauthorized order prohibiting the clerk form transmitting the N of A and therefore preparing the record on appeal. Judge O’Brien is violating law by ignoring IL Supreme Court rules and case law which state that a lower court loses jurisdiction once a N of A is filed and that the N of A MUST be transmitted by the clerk as a matter of law.

Judge O’Brien also violated case law and costitutional right by denying motion to order Judge Alonso to order the transcripts to be prepared free of charge by the court reporters and filed with the Clerk of the Circuit Court of Cook County. Judge O’Brien MAY NOT overturn constitutional rights to a direct appeal in a criminal case and for redress of grievances by ACTIVELY, WILLINGLY AND KNOWINGLY depriving an indigent defendant of transcripts. This denies due process and is a violation of Judge O’Brien’s oath of office. It also is the criminal act of official oppression and official misconduct.

The next step is to request an IL Supreme Court supervisory order to intervene and overturn Judge O’Brien’s unconstitutional and either incompetent or malicious, arrogant orders. I will also move the 7th Circuit Federal Court of Appeals for an order that the illegal actions of Judge O’Brien serve as a State waiver of the State’s right to insist I exhaust state remedies, where my petition for habeas corpus is pending a request for a certificate of appealability after it was denied for failure to exhaust state remedies. I have requested review under the public interest exception to the mootness doctrine and I’m challenging the ruling that I didn’t exhaust state remedies as I did present the jurisdictional issues to the IL Supreme Court twice in a direct appeal and in a habeas petition regarding a criminal contempt finding by the Trial Court in the vendor fraud case, where I allege that since the vendor fraud case lacks jurisdiction and is null and void ab initio, then the criminal contempt finding cannot be held to stand in the presence of a null hearing. The Illinois Supreme Court twice CHOSE to deny leave to appeal and leave to file petition for habeas on these issues. They should NOT be given a third bite at the apple.

http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008

http://www.scribd.com/doc/9694342/Shelton-Federal-Petition-for-Writ-of-Habeas-Corpus-Criminal-Contempt-2008

See above first of three links for Motion concerning Judge Biebel’s orders.

Following is Motion concerning Judge Alonso’s denial of transcript:

No. 09-0949

 

IN THE

APPELLATE COURT OF ILLINOIS

FIRST DISTRICT

 

PEOPLE OF THE STATE OF ILLINOIS       )           Appeal from the Circuit Court

                                                                        )           of Cook County, Illinois

            Plaintiff-Appellee                       )

                                                                        )

-vs.-                                                             )           No. 04 CR 17571-03

                                                                        )

LINDA L. SHELTON                             )

                                                                        )           Honorable Jorge Alonso

            Defendant-Appellant                             )           Judge Presiding

 

MOTION TO ORDER JUDGE JORGE ALONSO TO VACATE HIS ILLEGAL ORDER DENYING INDIGENT DEFENDANT FREE TRANSCRIPTS FOR APPEAL AND THE PREPARATION OF THE RECORD ON APPEAL

 

            NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Trial Court Judge Jorge Alonso to vacate his illegal order denying indigent defendant free transcripts for appeal and the preparation of the record on appeal. In support of this motion Defendant states as follows:

            Defendant, pro se, filed Notice of Appeal (Exhibit A attached to concurrently filed motion) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.

            Defendant, pro se, filed Motion for Free Transcripts to be prepared and for Court Clerk to Prepare Record on Appeal without charge and presented this motion to Judge Alonso on March 20, 2009. Judge Alonso orally denied the motion without legal basis and in violation of established law. (Exhibit B) Trial Court previously declared Defendant indigent.

            It is clear from Stare Decisis, Illinois Supreme Court Rules, and common knowledge that indigent defendants must be granted free transcripts of the proceedings and free preparation of record on appeal for transmission to the Appellate Court. Failure to do so denies the defendant’s constitutional right to due process and redress of grievances.

            Therefore, Judge Alonso has violated the constitution, Illinois Supreme Court Rules, and higher court precedent in denying free transcripts and preparation of record of appeal.

 

            WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order reversing decision of Judge Alonso denying the record of proceedings and record on appeal without cost to indigent defendant.

Some Judges Should be IMPEACHED!

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

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

Dishonorable Judge Kathleen Pantle:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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