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    Wednesday, January 21, 2009

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

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

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

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

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

    1 comment:

    scott said...

    Obama Justice Reform

    Will Barack Obama support reform of the American justice system.


    The American Criminal Justice system is in dire need of reformation. Police, Prosecutors and Judges are entirely unaccountable and cover up the misconduct of each other. Police perjury/corruption/shootings/planting evidence/taserings and crimes are out of control. Prosecutors use any technique, unethical/illegal or corrupt, to convict the innocent. Judges preside over proceedings tainted with the obvious aforementioned civil rights violations and blindly allow the misconduct, thereby encouraging such brazen affronts to the Bill of Rights.
    One only need look at the highest profile case in the 20th century and one finds a racist police officer willing to lie under oath and engage in questionable handling of evidence. Police are so arrogant (supported by their unaccountability) that in what was bound to be the case of the century (O.J. Simpson), racist police engaged in dubious conduct with the confidence that they were above the law. Unfortunately, a great majority of law enforcement in the United States share the morals, opinions and techniques of Mark Fuhrman.

    There are prosecutors out there right now accepting bribes, extorting benefits in plea agreements and using the power of their offices to obstruct federal civil litigation and worse. All blessed by judges.

    In the most serious cases of all, death penalty cases, hundreds have been exonerated by DNA evidence. How many hundreds have been murdered by the government prior to DNA testing? How many serious cases are circumstantial and the accused is put to death solely based on the techniques of bad police, prosecutors and judges. In the first 74 death row DNA exonerations by the Innocence Project police misconduct occurred in 37 cases and prosecutorial misconduct occurred in 33 cases. Those police and prosecutors should be in jail for federal civil rights violations and conspiracy to commit murder.

    President Obama, this country needs the appointment of a special U.S. Attorney or other similar entity to address federal civil rights crimes enacted by police, prosecutors and judges under 18 U.S.C. § 241,242. This entity needs to be entirely transparent from the complaint process onward as currently prosecutorial and judicial misconduct are handled by secret proceedings, of which, 99% of the time end with no action and no public awareness of the problems with the U.S. justice system.

    Please read this petition and sign it and pass it along. Thanks Scott Huminski