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Posts Tagged ‘unconstitutional statute

Judge agrees with motion that Illinois bail statute unconstitutional

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

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

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

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

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

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

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

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

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

Read the motion here.

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

 

Motion to declare Illinois battery statutes unconstitutional

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Come to court and stand-up for Shelton’s argument that the IL battery statutes are unconstitutional and are systematically abusive to defendants. 5/9/16 rm 506 2600 S California, 10 am, Chicago, IL

Malicious charges of felony battery can be charged for touching an officer with a piece of paper, bumping an officer when one is spastic, or minor touching with no injury such as touching a pointed finger against an arm. Outrageous sentences can be give for up to 30 years for such alleged crimes.

Outrageously malicious Cook County State’s Attorney, who refuses to listen to reason or discipline her out of control prosecutors has intensely targeted Shelton to shut her up about her complaints against corrupt judges, police, and attorneys. Shelton needs the public’s support to survive these 15 years of unrelenting attacks against her as a whistle blower with false arrests and malicious prosecutions.

Please, in a short letter, write the U.S. Dept. Of Justice Division on Disabilities here and request their investigation of the Cook County courts and Sheriff’s office for malicious prosecution of whistle blowers, denial of due process and denial of equal protection, as well as failure to follow the Americans with Disabilities Act, abuse of prisoners, and discrimination against minorities, particularly Blacks and Hispanics:

U.S.Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Disability Rights- NYAV
Washington, D.C. 20530

Dr. Shelton, who is spastic, with hereditary intention tremors, severe balance problems where she reaches out and grabs anything involuntarily if pushed, and who suffers from PTSD after she was beaten by officers, is charged with felony battery for “touching an officer’s ear” resulting in no injury, because it was “insulting and provoking conduct.”

The officers purposely triggered the PTSD flashbacks during which she “misperceives ongoing events” due to the dream-like state or “altered state of consciousness” caused by the PTSD, then despite an agreement to accommodate her disabilities and “back-off” until the flashback  passed (during which she is confused, cowers, and is harmless) they jumped at her like a dog pack, picking her up off the floor and carried her to the lock-up. Next court date May 9, 2016, 10 am,  rm 506, 26th & California, Chicago, IL

One woman was recently convicted of kicking an officer in the shin with no injury, but because he claimed “insulting and provoking conduct” and because she has a prior felony conviction, she faces a MANDATORY minimum 6 year sentence! Read the news article here.

Read Dr. Galatzer-Levy’s letter about accommodations needed for Shelton’s psychiatric condition of PTSD (post-traumatic-stress disorder) here.

Shelton faces a possible minimum of 6 yrs for allegedly “touching an officer’s ear” during a court hearing, which the officer claims was “insulting and provoking conduct,” despite the fact the officers purposely triggered a PTSD flashback, for which the Court Disability Coordinator had been told and shown medical records proving Shelton is unaware of her surroundings during PTSD flashbacks and for which a letter from a psychiatrist instructed the court to prevent officers from triggering flashbacks and to back-off if they occur as Shelton would cower, cry, be confused and waive her hands around her head to protect herself against perceived blows (due to flashback symptoms of being attacked by officers-initially triggered by attacks for which she has photographic proof). This is a federal ADA violation because the court and its officers are required to accommodate disabilities and they were aware of and instructed about this PTSD disability. Under the law (court precedent) Shelton should not even be charged as the charges are invalid if caused by the victim violating the ADA (Americans with Disabilities Act). See: Tennessee v. Lane, 541 U.S. 509, 533-34, 124 S. Ct. 1978, 158 L. Ed. 2d 820 (2004) and related line of cases; see also Reed v. State of Illinois, 2015 7th Circ. 14-1745.

Click here to download full motion: Motion to declare Illinois battery statute unconstitutional

This motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because:

(a) they are discriminatory and therefore violate the Americans with Disabilities Act,

(b) they suffer from overbreadth thereby making innocent contact criminal,

(c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal,

(d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and

(e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person).

These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array of possible conducts, which are both unintentional and intentional, depending upon whom you believe.

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