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    Saturday, October 11, 2008

    Dr Linda Shelton Remarks after Wrongful Conviction to Corrupt Judge & Prosecutor at Sentencing

    STATEMENT OF DR. LINDA LORINCZ SHELTON AT SENTENCING AFTER WRONGFUL CONVICTION – PRIOR TO IMPOSITION OF TWO YEAR SENTENCE - I WENT DOWN STANDING UP AND HOPE OTHERS WILL FOLLOW MY LEAD - HAVE THE COURAGE TO REFUSE PLEA BARGAINS AND REFUSE TO COMPROMISE YOUR PRINCIPLES IF YOUR ARE INNOCENT, DESPITE THE COST - THIS IS THE ONLY WAY TO ACHIEVE CHANGE FOR OUR CHILDREN AND GRANDCHILDREN!

    THE SENTENCE WAS A VIOLATION OF CUNNINGHAM V CALIFORNIA (US S CT 2007) AND A VIOLATION OF ILLINOIS STATUTES. THE SENTENCE SHOULD HAVE BEEN PROBATION. THE CONVICTION IS ON APPEAL. I WAS RELEASED ON 3/31/08 ON MANDATORY SUPERVISED RELEASE [parole] AFTER SERVING SIX MONTHS OF WRONGFUL INCARCERATION.

    FOR EXHAUSTIVE DESCRIPTION OF TRIAL AND NIFONG-LIKE PROSECUTORIAL MISCONDUCT BY ANDREW DALKIN AND JOHN MAHER AS WELL AS CRIMINAL AND WILLING JUDICIAL MISCONDUCT OF DISHONORABLE JUDGE JOSEPH KAZMIERSKI SEE:

    THE SALEM WITCH TRIAL AND CONVICTION OF DR. LINDA SHELTON - Part I
    "Anatomy of Assassination of Character and Prosecutorial Misconduct in Convicting the Innocent" This narrative is long, but its goal is to provide a complete and true picture of the trial and the injustice system in America. ...
    URL: http://www.rumormillnews.com/cgi-bin/archive.cgi/noframes/read/108546.

    THE SALEM WITCH TRIAL AND CONVICTION OF DR. LINDA SHELTON - Part II
    Shelton testified that she did not ram or kick Salemi. She testified that she was at the door pounding on it and asking for a "white shirt" - a...
    URL: http://www.rumormillnews.com/cgi-bin/archive.cgi/noframes/read/108548.

    Barry Goldwater at his acceptance speech as the Republican National Convention candidate for President of the United States in 1964 said:

    “Extremism in the defense of liberty is no vice and moderation in the pursuit of justice is no virtue.”

    This is how I stand today when I call the kettle black. I do not wish to be misquoted so I have put this statement to paper to be filed in this case. I speak now for the sole reason of wanting to make a clear record. I am unequivocally innocent of the charges, found guilty wrongfully by extreme Nifong-like prosecutorial misconduct, perjury of Cook County Correctional Sgt. Anthony Salemi, and unconscionable judicial misconduct by Judge Joseph Kazmierski, which trashed my right to a fair trial and trampled the Bill of Rights – all together bringing this court into disrepute and grossly harming me, the Defendant, who in fact, was a victim of a vicious attack by Sgt. Anthony Salemi, as well as harming my family, my patients, and my friends and neighbors!

    It is a revolutionary act to tell the truth in a time of deceit
    [“In a time of deceit, telling the truth is a revolutionary act.” George Orwell].

    That is what I am now doing for the record.

    Please note carefully:

    With reasonable men I will reason. With honest men I will plead. but with tyrants, I will give no quarter as words are wasted.
    [but to tyrants, I will give no quarter, nor waste arguments where they will certainly be lost.
    William Lloyd Garrison]

    My words today are solely to make a record and I realize they will fall on deaf ears today.
    I consider tyrants as those with power, including this court, that are lawless, arrogant, incompetent, unfair, unethical and or malicious or with criminal intent, greedy, corrupt, or mentally unfit. I will leave it to higher courts to define the precise tyrannical nature of this court, but I will describe the tyranny.

    I therefore will not plead for mercy or leniency. I am innocent – period – and you Judge [Joseph] Kazmierski clearly are aware of this fact. For you to hide behind a jury verdict – resulting from your biased unconstitutional rulings [including withholding evidence] and prosecutorial misconduct and witness perjury is despicable.

    I am the victim of a corrupt, sadistic, violently explosive officer, who should be arrested and prosecuted for battery, perjury, obstruction of justice in falsifying records and official misconduct.

    At least three other officers privately agreed with this assessment and are aiding and abetting this misconduct and violence by failing to turn in this criminal, who will continue to terrorize female inmates. They will have to live with this despicable choice of aiding and abetting a sadistic, violent and lying officer.

    Evil prospers when good men fail to act. [unknown]

    Sentencing me as a victim of a brutal attack by Sgt. Salemi is no different than convicting a rape victim of attacking the rapist and then turning her over to the custody of the rapist.

    This is a despicable and disgraceful act that brings this court into disrepute and equates this court’s tactics with those of the infamous Senator Joseph McCarthy and with those of the infamous Soviet Secret Police who disappeared those patriots in Budapest in 1956 in a similar police state, after the courage they showed in attempting to break the Iron Curtain chains, which were heavily weighing on the lives and aspirations of my Hungarian ancestors just like corruption weighs down the citizens of Cook County.

    I WILL NEVER BOW TO TYRANTS!

    As I have said unequivocally – I am innocent. [Cook County Correctional] Sgt. Salemi opened my cell door on May 16, 2005 and said: “I’m going to make a case so you don’t get out,” after admittedly sending away the female officer on the unit.

    This was four weeks after I won a summary judgment for injunction against corrupt former Cook County Sheriff Sheahan, who openly had violated the law in failing to reveal that he was in violation of the Americans with Disabilities Act upon my Freedom of Information Act request. Therefore, Sgt. Salemi’s criminal act of violence against me may be a federal felony offense of retaliation against a potential federal witness and those aiding him are conspirators and accomplices.

    Sgt. Salemi opened the cell door [yet male officers are forbidden from entering a female cell along unless it is an emergency] wide enough to lunge in and grab my neck with his strong left hand and tree-trunk like forearm. He lied three times on the stand stating the [cell] door stayed open on its own. There is no way a Sgt. would not be aware that these heavy cell doors close firmly and automatically. [due to heavy door closing hydraulic mechanism present on ALL jail and prison doors] I suggest this judge take a short field trip and examine the doors himself. [he refused to do so]

    The wheelchair rolled backwards, to his surprise, due to the physics of momentum, and Sgt, Salemi stumbled on the footrests nearly falling and skinning his shins as he slid down against them. I reflexively balled up unable to scream with his hand firmly around my throat. I grabbed at his tree-trunk like arm to push it off and then wedged my left leg, but weak shoeless foot against his chest frantically trying to stop him from choking me. I was in terror fearing for my life.

    He then let go, quickly grabbing my left arm and the armless wheelchair, flipping me off the wheelchair out from under me. The nurse’s description of my injuries agreed to by the State are consistent with this story and inconsistent with Sgt. Salemi’s lies. The violent force of his aggravated battery against me – the victim, caused large contusions on the back and inner thighs and contusion on my left upper arm matching his fingers as well as contusion where I landed on my knee and caught toes in a footrest. [jail staff refused to take pictures] Sgt. Salemi’s fraudulent story would have resulted in contusions on bony prominences such as hips and elbows, which were not present.

    Conveniently, despite my requests to nurses and doctors, the investigators failed to document my injuries with photographs. The State even stipulated to the description of my injuries, thus conceding Sgt. Salemi lied – but this court in violation of my rights to a fair trial refused to pay for an expert witness – a forensic pathologist to explain this [to the jury].

    The State presented only on witness who stated anything against me – Sgt. Salemi, who impeached himself, was impeached by evidence, and was therefore not credible. Therefore, NOT a shred of credible evidence was presented to sustain a conviction. He lied about the cell door staying open by itself three times, about handcuffing me, about the toilet flooding causing him to come to my cell [my cell floor was dry], about all the wheelchairs at Cermak [Cook County Jail infirmary] being in working order. The aggressor, Sgt. Salemi, told an unbelievable tale about a disabled woman, without even half his strength, on the 6th day of a [dry – no fluids] hunger strike – too weak to stand and therefore too weak to kick, neurologically disabled so she can’t raise her right leg above her waist with force for years, attacking him and raising BOTH legs above her waist and kicking him against the now mysteriously closed door, WHILE the wheelchair was rolling backwards. This defies the laws of physics in this momentum transfer equation. Of course though, this court again denied my rights by refusing to pay for an expert to explain this.

    Defense counsel also unfortunately was ineffective in failing to present the unit logs, investigative reports, and medical records to impeach Sgt. Salemi in his lies, but his court also is guilty of violating my rights in improper rulings preventing counsel from presenting some of this through testimony of Cook County Sheriff Investigator Sofus.

    The court further enhanced this injustice by causing an automatic mistrial by not permitting offers of proof [evidence presented on the record with jury absent – to preserve it for appeal] when evidence or testimony was disallowed. This injustice was hammered home by this court refusing to allow an evidentiary hearing on post-trial motion for mistrial and by deciding what should be in the post-trial motion without giving Defendant time to properly write it with access to transcripts. The Defendant, not the judge, decides what to write in post-trial motions!
    My physicians, one certified as an expert witness by the court, gave unrebutted testimony that it was physically impossible for me to commit the alleged crime due to spinal cord injury and dehydration. Only the false, legally impermissible, unsupported “testimony” by this Nifong-like prosecutor Assistant State’s Attorney Andrew Dalkin, who impermissibly denigrated the expert witness by stating that he did research on sleep meant he was not an expert in neurology, and that the jury should not believe the doctors because they are “friends” [the doctor testified he had NO social relationship with his patient Shelton], and that I could walk with my cane and right leg brace to the witness stand – which had nothing to do with my severely weak condition at the time of alleged offense, as well as implied and false remarks, which this court in a denial of due process used to inflame the jury against me, were used to refute the doctor’s testimony.

    The unrebutted assumption, which the court illegally refused to allow me to counter, with description of my civil cases against corrupt officials, my federal testimony against former Illinois Governor and now convict George Ryan, and other corrupt officials, my civil rights actions against the Cook County Sheriff’s Department, and evidence of previous perjury by Cook County Sheriff’s Deputies Rebecca Doran and Maureen Caliendo in a similar case [of aggravated battery case of an officer where the judge pronounced me NOT guilty at the end of the prosecution case in chief because I had thoroughly impeached the witness deputies], that a doctor in jail is a bad person and that my medical license was suspended (itself which was a false statement, forbidden by this court’s order and thus mandating declaration of a mistrial, in that this is a baseless illegal action presently being challenged in court) were illegally allowed without any opportunity for the defense to lesson the extreme bias this introduced to the jury by testimony and evidence.

    In the face of such inflammatory false testimony by the State’s Attorney – Chicago’s Nifong – Mr. Dalkin, who should never have proceeded with this case per the Illinois Supreme Court attorney code of conduct, as I early on gave him medical records that prove I was physically unable to commit this crime, along with the unconstitutional, impermissible, and biased rulings of this tyrannical court pretrial and during trial, it was an impossibility for an average jury to bring a finding of not guilty – they simply were denied the facts presented in an unbiased atmosphere.

    This tyrannical court’s open disdain for higher court precedent and due process in failing to enforce its rulings to preserve evidence and produce evidence, including paramedic reports in discovery [exculpatory evidence illegally withheld by State], along with its unconstitutional refusal to permit offers of proof, in addition to its grotesque refusal to dismiss the count of ramming the Sgt. with a wheelchair when the State failed to preserve and purposely refused to produce the uniquely broken wheelchair that was the alleged weapon and would have impeached Sgt. Salemi, is the ultimate insult to the American justice system that trashed the Bill of rights in this court, as well as snubbed its nose at higher court precedent regarding State’s failure to preserve “the weapon, “ namely the wheelchair.

    Not a shred of credible evidence against me was produced at trial. The State’s own witness impeached himself and was impeached by State’s witness, Nurse Ogale, who said the cell door is never open itself due to the heavy door closing mechanism and by the expert witness for defense doctors whose unrebutted testimony confirmed I was physically unable to commit this alleged crime. Finally, the laws of physics would have to be defied for me, even in a health state to knock a large healthy man like Sgt. Salemi off his feet from a wheelchair rolling backwards. The entire criminal allegation is preposterous and Kafkaesque.

    The unbelievable, ludicrous, and truly bizarre motive for the alleged crime fabricated by Chicago’s Nifong – Mr. Dalkin, that I wanted “special treatment” and would do anything to get it is both fraud upon the court because medical care, access to the courts, and a phone call upon being taken into custody are statutory and constitutional civil rights not special treatment and the fact that this claim is a false statement of the law presented to the jury is disgusting and grotesque prosecutorial misconduct that this court is obligated by higher court precedent to declare a mistrial.

    I have been unfairly, unconstitutionally, and unethically fraudulently convicted by innuendo, defamation, prosecutorial and judicial misconduct, fraud and deceit that inflamed the jury’s passions and instilled bias to such a degree that a guilty verdict was a foregone conclusion.

    This court cut off the defense at its knees, held the State above the law, and presided over an unfair, unjust, and unconstitutional Salem-like witch trial. Shame on you!

    Judge, you have condoned and now even encouraged the reign of torture, corruption, and terror by a minority of sadistic, lying, and psychopathic correctional officers, many with serious personality disorders, making them unfit to be officers, against inmates, which brings into disrepute and causes disdain for ALL honest and honorable professional correctional officers including my nephew.

    You have harmed my patients, my family, most unforgivingly my disabled and rapidly dwindling father, who because of incarceration, if you so order it, I may never see alive again at a time he most depends on me, and destroyed on of the most talented and devoted physicians, known how due to this conviction may never practice medicine again, and civil rights activists the needy in cook County have ever seen. This is atrocious, unforgivable, and despicable. I am a political prisoner attacked in retaliation for my whistle blower activities against your bosses – the corrupt political cabal in Cook County and Illinois that crosses party lines. You are a rubber stamp and lap dog for this corrupt cabal. [I am a federal witness against corrupt Cook County Sheriff Correctional Officers]

    I may have lost this skirmish to the corrupt, but I will eventually, with the help of many behind the scenes, win this war and help to bring this corrupt cabal, their puppets, and lap dogs to justice and expose them. However, justice delayed is justice denied and I and my family and patients will never get back what you all have taken away. To deny motion for mistrial or not guilty finding not withstanding the verdict in the face of the facts violates your oath of office to honor the law and defend justice.

    Come what may from this mistrial and injustice. I defy evil and spit in the face of this devil. I am a political prisoner and will conduct myself as such. My resolve for principles of justice and the defense of the Bill of Rights is unmovable. I pledge to spend the rest of my days exposing the corrupt, obtaining vindication, compensation, and bringing the real criminals, Sgt. Salemi, Chicago’s Nifong Mr. Dalkin, and Inv. Sofus to justice.

    I will never give up the fight to prove my innocence by whatever means necessary and to convict the guilty of battery and misconduct. When all the innocent stand up publicly and confront the corruption of the criminal enterprise known as the Circuit Court of Cook County [a designation during the Graylord investigations leading to imprisonment of numerous corrupt judges and attorneys], then this lawless police state will end and we the people will restore the Bill of Rights. Until then, American justice is a myth, and I will not kneel to it, whatever you do to me.

    To Sgt. Anthony Salemi, Investigator Sofus, Assistant State’s Attorneys Andrew Dalkin and John Maher, former Sheriff Sheahan and his lap dog Sheriff Dart, State’s Attorney Richard Devine, and Judge Joseph Kazmierski along with all that aid and abet your incompetence and corruption, may GOD have mercy on your souls.

    Linda Lorincz Shelton, Ph.D., M.D. Statement in open court on December 3, 2007

    I was released after serving six months in supermax like conditions at first Cook County Jail and then Dwight Correctional Center, classified as maximum security inmate, despite the fact I am a non-violent pacifist, was in a wheelchair and unable to move it myself any large distance, have no prior convictions, and have no gang affiliations. I was placed in segregation for refusing to walk - even though I am physically handicapped and could not. I was tortured and will post my suit for excessive force, cruel and unusual punishment, torture, medical battery, willful indifference to medical need, defamation of character, assault and battery of a handicapped person, violation of civil rights under color of law and conspiracy to violate civil rights.

    This was my reward for defending the medically and mentally challenged children of Illinois, for asking for supervisors when State employees didn't do their job, and for vigorously defending myself according to the law! My medical license has now been indefinitely suspended and I have been defamed. It will take years to obtain justice and a reversal of this conviction. Even after one year, the court reporters have failed to produce all the transcripts for appeal and the IL Appellate Court in an act of corruption denied my motion to compel. There is NO JUSTICE IN ILLINOIS.

    To contact me use my e-mail address: picepil@aol.com

    Donations for legal fund for use in appeal for the now indigent Dr. Linda Shelton and for civil rights suits can be sent to:

    Albukerk and Associates
    label "Shelton Defense Fund"
    3025 W. 26th Street, 2nd Floor
    Chicago, IL 60623

    Interested attorneys who are willing to help break the corruption in C[r]ook County and wish to provide pro bono services - making Shelton's suits into class actions or defending her should contact me directly at above e-mail.

    1 comment:

    The Stark Raving Viking said...

    You are preaching to the quire. I know all about judicial abuse, firsthand.

    I was a rental property owner in Connecticut. I proposed laws to improve the courts and police for downtown Connecticut Americans.

    Police told me to shut up and leave the state or I would be arrested.

    A mugger jumped me in the dark. I pepper sprayed him, only I was arrested and got a year in prison for that.

    The courts are rigged and police and other perjury is gladly accepted.

    Just google my name, "Steven G. Erickson"

    Good luck in your fight, it is only uphill, don't give up.