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    Friday, December 30, 2011

    Cook County Courts total lawlessness, incompetence and corruption - Plea for federal investigation

    UPDATE: A. Melongo was released from jail, never tried because her eavesdropping charge was declared unconstitutional by the Illinois Supreme Court. Yet Linda Shelton was jailed with a summary sentence of 16 months for filing a next-friend habeas petition on behalf of Melongo at the beginning of her jail time in 2010 before she ended up staying in jail pretrial for 19 months. The law in illinois allows a next-friend to file a habeas petition. It is NOT a crime to do so as a non-attorney. This is the story about how in Illinois you can go to jail for a 16 month sentence without a trial for doing something that is legal. The FBI so far has refused to investigate this.

     The following is a summary and detailed story revealing that the Cook County Courts are lawless, presided over by judges who snub their noses at the United States Supreme Court, the Constitution, Illinois Statutes and Federal Codes, as well as actively work to cover-up the corruptiion of Cook County and Illinois officials. The case law, statutes, codes, etc., that prove what I say and are precedent that must be followed by courts are at the end of this post.

    Transcripts of hearings described are slowly being loaded onto the Internet. They will be appended as they become available. For the transcript where Shelton initially was taken into custody by Dishonorable Cook County Court Judge McHale see this Transcript 5-11-10 Shelton arrested in court falsely for contempt.
    This is a call for action to clean up the courts - a call for a federal investigation - please read this and write the United States Attorney, Cook County Board President Tony Preckwinckle, and Chicago Mayor Emmanuel asking for a federal investigation and write to the Federal Judicial Conference to ask for action at:

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

    Mayor Rahm Emanuel
    City Hall
    121 N. LaSalle Street
    Chicago, Illinois 60602
    By Phone:
    Dial 311 (within Chicago)
    If calling from outside of Chicago, call: 312.744.5000

    The Honorable Eric Holder
    United States Attorney
    Attention: Public Corruption Task Force (Re: Judiciary)
    U.S. Department of Justice
    950 Pennsylvania Avenue, NW
    Washington, DC 20530-0001        

    US Attorney Patrick Fitzgerald
    United States Attorney’s Office
    Northern District of Illinois, Eastern Division
    219 S. Dearborn St., 5th Floor
    Chicago, IL 60604
    Phone: (312) 353-5300

    United States Judicial Conference
    Care of Honorable Chief Justice of the United States Supreme Court
    The Honorable John Roberts
    United States Supreme Court
    1 First Street, N.E.
    Washington, DC 20543


    I (Dr Linda Lorincz Shelton) was unconstitutionally in an illegal act by Judge McHale summarily (no notice or trial) held in contempt of court for filing as a non-attorney a next-friend habeas petition and then in my defense telling the judge twice he was committing a crime by refusing to hear the habeas petition. The sentence was 16 months (4 mo, 6 mo, 6 mo consecutive) for 3 “cases” (although they were 3 counts in same hearing continued over several days) of criminal contempt, for saying essentially the same thing three times.

    The judges of the Circuit Court of Cook County ("CCCC")  have de facto suspended the right to petition for a writ of habeas corpus in Illinois - the next-friend Melongo petition that 19 months later has still not been heard and the habeas for me that was wrongfully denied.

    Then both the Illinois appellate court ("IL App Ct") and Illinois Supreme Courts ("IL S Ct") have denied my right for direct appeal as an indigent disabled person on SSI (social security assistance for the disabled) without any explanation in violation of their own IL S Ct Rule 298 which requires waiver of fees for people on public assistance. I am disabled and on SSI and food stamps due to congenital spinal disorder and heart disorder that made me retire from medicine at a young age. I have an outstanding record as a pediatrician with my patients being in the Guinness Book of World Records (1997 ed.) as the “lightest surviving triplets” – born in 1990) and was quite respected by patients in neonatology, general pediatrics specializing in severely handicapped children, and psychiatry. I am also a PhD experimental patholgist.

    My two separate habeas petitions were denied by Trial Court and since there is no appeal of habeas in IL, I went to the US Federal District Court and they dismissed habeas stating erroneously that I didn’t exhaust state remedies.

    The United States Supreme Court ("US S Crt") Clerk has illegally and erroneously refused to file my pet for certiorari 3 times despite the fact the US S Ct in Niersheimer, Loftus, and Regan cases previously ruled that once habeas is denied by local trial court in IL the only appeal lies with US S Ct. (see following case law at end of this post), then they accepted my petition for writ of mandamus and denied it - essentially REFUSING TO ENFORCE THEIR OWN HOLDINGS that no one can be sentenced to more than six months (even if combined sentences) without a trial, that acts during the same hearing are one case (not three), that if one sentences a person for contempt on a different day than the contempt - then they must have a trial and no summary sentence is allowed, etc.


    Written on April 25, 2011 by Linda Lorincz Shelton, PhD, MD; Note case law/statutes follow:

    We have a Judicial Crisis in Cook County because the level of judicial ignorance, incompetence, and blatant disregard for basic constitutional rights including habeas corpus and due process is so extreme that one can only say that our courts in Cook County are in a state of lawlessness, where they are destructive of American Ideals and Constitutional rights.

    I’m going to relate to you right now the details of a group of cases that illustrate this fact, but remember this is only the tip of the iceberg of anarchy and lawlessness in Illinois and Cook County courts. Our constitution means nothing here in Cook County, Illinois. My case (Shelton) is the contempt case and a habeas case and Melongo’s cases of fraudulent charges of computer tampering and eavesdropping for recording a conversation with a court reporter, as well as the habeas case I filed for her as a next-friend are explained as follows. Melongo has now been in custody for more than 19 months. Her first trial on the eavesdropping charge resulted in a hung jury and she is awaiting retrial on that and trial on the computer tampering charge. Case law and state statutes relevant to these cases follow at the end of this writing.

    Here is a summary of the two cases against Annabel Melongo, the person being held allegedly without probable cause, and the criminal contempt cases against me for filing a next-friend habeas petition on her behalf, that demonstrate outrageous judicial and prosecutorial misconduct.

    Annabel Melongo is a Cameroonian and Haitian citizen, and resident of the United States, who is a computer expert. She took a job with a foundation called Save-A-Life Foundation to manage their computers, a corporation that allegedly trained children in CPR (by computer!?) and trained first responders in CPR. Melongo discovered that they had received over $8 million in government grants from Homeland Security, DHHS, state governments and the Chicago Public Schools. Melongo noticed during her work on their computers that SALF applications to the federal government for millions in grants contained fraudulent information. She turned this over to FBI Special Agent Depooter as a report of fraud upon the government. She also discovered they had not trained as many children or first responders in CPR as they described on their applications for funding.

    At the same time Melongo was gleaning this information from her work managing their computers, this foundation was in the middle of being investigated by Chuck Goudie, an Emmy award-winning investigative reporter. In Goudie’s television exposés he interviewed CPS CEO Arne Duncan, who confirmed to Goudie that SALF received $50,000 from the CPS per year but no services training school children in CPR were actually ever provided to the CPS. In total, Goudie documented that SALF obtained greater than $ 8 million from Homeland security, the Illinois Attorney General’s office, and other agencies, but has not provided documentation that this money was actually used to train children and first responders in CPR.

    Goudie interviewed the SALF CEO Spizzirri to ask her to provide documentation as to how SALF actually used the grants for CPR training. SALF CEO Spizzirri literally stopped the interview and ran off. To this day SALF has not accounted for millions from the federal and state government in grants to train children and other “first responders” in CPR. Despite info given to FBI and US Atty, Spizzirri has not yet been prosecuted. Links to Goudie’s video interviews follow.

    Around the time Goudie was interviewing CEO Spizzirri, Spizzirri fired Melongo and went to the police claiming all SALF financial records were accessed by remote computer and erased. She accused Melongo of doing this. Melongo was then indicted for remote computer tampering and the indictment said the SALF financial records were permanently erased, through a criminal act of remote computer tampering by Melongo. How convenient to divert attention from Spizzirri’s inability to account for how she used government grant money, instead to Melongo for alleged computer tampering.

    Melongo’s attorney filed a Motion to Dismiss the charges claiming that Schiller Park Det. Martin committed fraud and perjury before the grand jury in obtaining the indictment. Martin testified to the grand jury that Melongo had remotely changed the passwords to the SALF computers and initiated a cascade that deleted the computer financial files.

    This was contrary to Det. Martin’s police reports where he verified that a SALF employee had changed the computer passwords AFTER Melongo left, that the computers were disconnected from the servers so that their connection with the Internet was severed, and that the data was never lost, just was temporarily inaccessible. Det. Martin wrote in his reports that a SALF employee changed the passwords, not Melongo, and in so doing accidentally disabled the computers.

    Det. Martin also testified that an IL Attorney General’s office computer crime expert assisted the states attorney and in her written report stated Comcast computer IP (Internet Provider) address was used by Melongo to access the SALF computers, but Martin withheld the fact that Comcast had no record of Melongo being a customer, because she used SBC computer services. This crime expert has disappeared and supposedly no longer can be found by the State’s Attorney, but they have not dropped their charges.

    Melongo’s attorney, Albukerk, alleged that Det. Martin committed perjury and fraud in obtaining the indictment, that the indictment was therefore invalid, and that the case should be dismissed. He presented this motion to the court and Judge Brosnahan summarily denied it without an evidentiary hearing.

    So the Illinois Attorney General’s office and the State’s Attorney of Cook County has absolute proof that Melongo never engaged in this alleged computer tampering and that no computer tampering crime was ever committed. Yet they still refuse to dismiss the charges and Melongo has remained in jail awaiting trial for the past year on a $300,000 bail, reduced from $500,000.

    Judge Brosnahan set this extremely high and excessive bail on Melongo who has no criminal history because the State’s Attorney insisted that she was a flight risk because she held dual citizenship in Haiti and Cameroon. I have found no law that states that a person is a flight risk because they are a dual citizen. This bail alone was outrageous judicial mis-conduct.

    Spizzirri to this day has never released the financial data to Goudie or the public and there has been no public comment by the FBI about SALF or Carol Spizzirri.

    I was an acquaintance of Melongo, so like I did for another person who was being held without probable cause in 2009, I filed a next-friend petition for writ of habeas corpus with the Cook County Circuit Court Presiding Criminal Court Judge Biebel.

    In 2009 I filed a habeas petition on behalf of this other person utilizing the Illinois Habeas Statute, 735 ILCS Article 10. Presiding (Chief Criminal Court Division Judge) Judge Biebel granted it by ordering the defendant brought into court and assigning her an attorney for the habeas petition, Prof. Coyne from the Kent School of Law, as required by Cook County Circuit Court Rule 15.2 – which resulted in the defendant’s later release from jail.

    Last April and May, 2010, when I filed a next friend habeas petition on behalf of Melongo, Biebel was not available so the Court Clerk sent me to Judge Kazmierski who assigned the case to Judge Brosnahan, Melongo’s trial judge although court rules require the presiding criminal judge to hear habeas petitions and require that the trial judge may not hear the habeas petition.

    In Illinois the IL Habeas Statute, 735 ILCS 5/10-103, says that a non-attorney can file a petition for writ of habeas corpus “on behalf of another.” The Court Clerk has an habeas form that includes a spot for three possible filers “attorney, defendant, or a person on behalf of another.”

    Judge Brosnahan refused to hear the habeas petition saying that non-attorneys can never file any pleadings on behalf of another. Then I went to Judge Kazmierski and he said the same thing. Then I tried again a few days later and a different judge, Judge Wadas, was filling in for Judge Biebel. He said the same thing and refused to hear the habeas petition! I quoted the IL habeas statute to them and told them the US S Ct in Boumediene v Bush allowed a non-attorney father to file a next-friend habeas petition to no avail.

    All these judges therefore violated CLEAR Illinois Statutes and Constitutional rights. This is judicial misconduct! The statute even says that if a judge refuses to hear a habeas petition he can be fined $1000 which must be paid to the defendant. I also informed the judge of this part of the IL habeas statute.

    Then I tried a fourth time. This time the petition for writ of habeas corpus was assigned to Judge McHale, sitting in for Judge Biebel. However, Judge Biebel appeared in his chambers half-way through the proceedings and was in his chambers when Judge McHale went in and wrote his contempt papers against me.

    I initially insisted on SOJ as a right as Judge Biebel is the presiding criminal court judge and should hear the case, because of the history of the other judges being clueless about habeas petition procedures. However, when Judge McHale, who was filling in for Judge Biebel, agreed to follow 735 ILCS 5/10, I conditionally agreed to let Judge McHale hear the habeas petition then withdrew this agreement when Judge McHale refused to follow this law and stated that a non-attorney may not file a next-friend habeas petition, which proved to me he was also totally ignorant of habeas law, and arrogant to boot. I stated that since he was not following the law I wished to wait for Judge Biebel. He denied my request and proceeded only on the contempt issue against me.

    Judge McHale illegally overturned the IL Habeas Statute from the bench, ruling that filing a habeas petition as a non-attorney was an illegal act. I told him that he was mistaken. When I stated in open court, in my defense that the suspension clause in the Constitution, Article I section 9, states that habeas cannot be suspended except in time of war, and that the U.S. Supreme Court, which ruled in Boumedine v Bush in 2008, that even prisoners at Guantanamo Bay had a right to have their father’s file habeas petitions, Judge McHale found me in contempt of court for “interrupting” him and telling him that he was misinterpreting and violating the law, although when he took me into custody he gave me the impression it was for filing the petition as a non-attorney.

    Defending oneself pro se in court using quotes from the law is not an “interruption”; it is a right.

    The judge also never ruled on my in forma pauperis petition (request to waive fees due to inability to pay - indigency), said I didn’t have standing, so I don’t think the hearing ever actually began because he said he would not hear the habeas petition. The transcript where we had this very brief conversation and he quickly took me into custody is attached as are all the transcripts from the endlessly continued hearing on my three habeas “cases.”

    Judge McHale, without a trial, while continuing the contempt “hearing” several times over several months, summarily ruled that I committed three separate acts of contempt by stating this argument three times and found me in contempt of court on these three, what he called, separate contempt cases. He then summarily sentenced me to consecutive jail terms of four (4) months, six (6) months, and six (6) months, a total of 16 months in jail for doing a legal act and then informing him about the law! He then made several related rulings that denied me good time statutory jail credits to ensure that I would suffer from the entire 16 month jail term.

    The transcripts and his findings of contempt are attached. Dates are May 11, 2010, May 24, 2010 (brief just to schedule), June 1, 2010 (brief just to schedule) June 9, 2010, June 10, 2010, October 1, 2010

    In jail I was denied paper for three months. I was denied access to the law library – they said all those who are in the infirmary cannot go to the law library. I was constantly in infirmary due to disabilities and chronic heart, lung, and neurologic disease. The law librarian said she was unable to do any legal research and would only bring me case law or statutes if I give her a complete citation. I had to rely on friends I write to in order to obtain legal research and case law – which took months. In late July after being sentenced on May 11, 2010, a physician finally gave me some paper, but I didn’t get any stamps to mail my court pleadings to get them filed with the court for another month and didn’t get a hearing until Oct. 1, 2010. Then the 2nd and 3rd “cases” of contempt were made concurrent and the judge agreed that he had no jurisdiction to deny statutory good time jail credits, thus allowing me to be released after 6 months on Nov. 6, 2010 instead of having to serve the entire 16 months.

    I did file for writ of habeas corpus twice; 1st one transferred to judge Porter and denied “because you can’t obtain habeas relief because you disagree with an order,” and 2nd one denied by Judge McHale on October 1, 2010 for no specific reason. In IL habeas is severely limited by statute. You can file in the local court (issues of fact and/or law) or the Illinois Supreme Court (ONLY issues of law – see Loftus)

    I filed motions to overturn this and he eventually granted some of them reducing the jail term to six months by granting some of the good time jail credits and making two of the sentences concurrent and I was released in November after this blatantly unlawful and unconstitutional conviction and wrongful six-month long incarceration for alleged criminal contempt of court. Of course I tried to appeal this injustice. However the Appellate Court denied my in forma pauperis petition which complied with SCR 298 and then dismissed my case a month later for failing to pay the fee.

    Judge McHale knowingly and blatantly violated the Constitution’s suspension clause, rulings of the United States Supreme Court, and the Illinois Habeas statutes and other Illinois Statutes including Good Time Jail Credits and Sentencing statutes that prohibit consecutive sentences for the same act during one case, as well as that require a jury trial for sentences > six (6) months. McHale also violated US S Ct holding that when contempt is found full due process rights are invoked if the sentence is given a different day than the contempt finding. I was denied a trial.

    The United States Supreme Court in three other cases including a ruling by Chief Justice Marshal held that when a judge knowingly and purposely violates law, and that can include violating the constitution, violating statutes, or violating U.S. Supreme Court rulings, then the judge is “waring on the constitution” in violating his oath of office. US Supreme Court Chief Justice Marshall declared that “waring on the constitution” is an act of treason against the United States. See Cohens v Virginia, US v Will, and Cooper v Aaron that follow. I quoted these cases to the judge and urged him not to violate the law.

    The story gets even more exciting because Melongo, prior to her bail being raised to $500,000, read the law and discovered that to be indicted a person must have the charges in a case read against them in open court. She did not remember any of the charges ever being read to her (She didn’t understand that the attorney she later fired had waived reading). She thought the court reporter had falsified the court transcript of the alleged arraignment by stating on the transcript that Melongo had been arraigned. Melongo is highly educated and although English is her third language, she is rapidly educating herself about the law, after initially being confused by English (innocent until proven guilty) versus Roman (guilty until proven innocent) law and language issues (her native language is French and then she lived in Germany and learned German).

    Melongo also read the Illinois eavesdropping statutes that said it was a felony crime in Illinois to record a conversation without the other person’s permission. She also read that the law said that if a person has a reasonable suspicion that the person they were recording had committed a crime then it was not illegal to record them, as this was an exception to the law.

    The eavesdropping law is a great controversy in Illinois as it is a felony even to record a police officer on your cell phone who is committing a crime or illegally arresting you. Recently a Southern Illinois judge declared this statute unconstitutional and the State's Attorney for that county is appealing that decision.  [Update: the eavesdropping statute was declared unconstitutional, by the Illinois Supreme Court and Federal Court in 2014 as I asserted in the habeas petitions and charges were dropped against Melongo - after she had been jailed for two years!]

    Melongo then recorded a conversation with the court reporter’s office staff, where she thought it was probable that they would admit that she was not arraigned, and that they had falsified the transcript which is a crime. Melongo thought this would be reason to throw out the case quickly as arraignment is a requirement and a right before a person can be tried. Melongo then put this recording on her web site which she had posted describing the alleged false arrest for computer tampering. Melongo posted everything from her case on line in a beautiful and incredibly easy to read and wonderful web site, since taken down, but on a DVD in her former attorney’s possession, which may have already been turned over to her.

    Incredibly, when the Court recently allowed Melongo to represent herself, the Court ordered her former attorney Albukerk to turn over his files to the prosecutor! This is an absolute reason to have the case dismissed for prosecutorial and judicial misconduct making a fair trial impossible. The Cook County State's Attorney should have refused to accept this file. Albukerk however did withhold some confidential communications between him and his client. If you wish to speak with Mr. Albukerk, his phone is 773 847-2600

    The States Attorney then arrested Melongo for eavesdropping and now wants to try her and convict her of a felony for recording her conversation with the court reporter without the court reporter’s permission. This is insanity! Where is this crime? Who's been hurt? When is the intent to commit a crime? Where is the probable cause? This sure seems like Gestapo tactics!

    Note that a southern Illinois judge recently ruled that the eavesdropping statute in Illinois is unconstitutional and dismissed a similar case. Annabel, now on home arrest has filed a similar motion to dismiss her eavesdropping case as unconstitutional.

    Judge Brosnahan set Melongo’s bail at $30,000 for felony eavesdropping, and because she was a flight risk due to the fact she holds dual passports, Brosnahan raised the bail on the computer tampering charge for violation of bail from a personal recognizance bond to a $500,000 bail, which Albukerk was able to get later reduced to the present $300,000, clearly outrageous in amount for this case, which should have been dismissed. Who ever heard of raising a bail from a personal recognizance bail to a $1/2 million bail for a non-violent crime without a victim on a first time offender!

    This entire situation is out of control and can only be described as lawlessness due to police and judicial misconduct, in total violation of the law. I prefer to call the above Nazi-like tactics.  Defame and crush your opponent, those that have evidence of your criminal conduct!  Shut them up and destroy them!  It's time for the public to be informed and to fight back legally with the help of the press and civil rights activists.

    If four (4) judges, including three (3) senior criminal court judges can so blatantly deny Melongo’s and my most important Constitutional right to file a petition for writ of habeas corpus, as well as deny our constitutional rights to due process under the Fifth and Fourteenth Amendment to be free of arrest without probable cause and jail Melongo without probable cause for now nearly two years so far and me for six months after initially sentencing me without a trial to 16 months in jail, then the judges can get away with violating ANY law.

    The acts of these judges are impeachable. This lawlessness must stop NOW!

    I have filed a notice of appeal with the Illinois Appellate Court, but the court has issued an order denying my motion for indigency status and waiver of fees. Despite the fact that the U.S. government has declared me indigent and granted me SSI as a disabled person for several years, despite the fact that the U.S. Supreme Court ruled that an indigent person must have the fees waived for criminal appeals, Burns v. State of Ohio, 360 U.S. 252 (1959); Griffin v. Illinois, 351 U.S. 12 (1956); and Smith v. Bennett, 365 U.S. 708 (1961); as well as despite the fact that Illinois Supreme Court rule 298 mandates that fees be waived for indigent litigants receiving government benefits, the Illinois Appellate Court Clerk has been ordered not to accept any court filings from Me until I pay all fees.

    Therefore, my constitutionally guaranteed right to appeal, or Fifth and Fourteenth Amendment due process rights has been denied. Appeal has now been dismissed for "want of prosecution"  because I didn’t pay the fee of $25, which may seem small, but I will no longer condone criminal conduct by the court and extortion.

    I’ve suffered a total civil death including destruction of my family and there is no reason now to give in to corruption
    No reason was given by the Illinois Appellate Court to refuse to grant my indigency status.
    The same is true for the Illinois Supreme Court which has also ordered that the Clerk not accept any filings from me, thus denying me a right to appeal these wrongful and unconstitutional convictions. Again, no reason has been given for them to violate their own rule 298, the Constitution, or state statutes regarding waiving indigent’s court fees.

    I am now trying to file a petition for certiorari with the U.S. Supreme Court asking them to issue a supervisory order to the Illinois courts to enforce their previous holdings which mandate that fees are waived for criminal appeals, as well as asking the U.S. Supreme Court to view the above as exhaustion of state remedies and hear the case as a direct appeal.

    The story of why these senior judges are so viciously attacking me is complicated but involves the fact that I have evidence of felony crimes by the Illinois Attorney General Lisa Madigan and several senior Cook County Court and Illinois Appellate Court judge, as well as evidence of corruption among some 7th Circuit Court judges through a loose network of whistle blowers who have been carefully gathering evidence about government corruption for 10 years, including against Gov. Blagojevic and previous governors.

    For more info see:   and

    A few brief points in illustration are as follows.

    I have been illegally arrested more than 35 times in nine  years in retaliation for my complaints and whistle blowing.  I have mostly represented myself and now won all but two felony or misdemeanor cases and eight contempt cases. I was unlawfully convicted of felony battery for "bumping an officer with my wheelchair" and sentenced to two years in prison in 2007, and "bumping an officer with my walker" in 2012 and sentenced to 48 days. I am still trying to get these wrongful convictions overturned. However I have been wrongfully convicted of eight cases of criminal contempt for telling judges they were violating the law and so far I have had three convictions overturned and I am working to get the other five including the three mentioned in this post overturned ASAP.

    As I said, I have been wrongfully convicted of one case of felony battery of an officer for allegedly "bumping" him with my wheelchair and "kicking" him in the chest with my legs causing "soreness", although I am totally innocent, he attacked me, he falsified his records and committed perjury and the two States Attorneys Andy Dalkin and John Mahrer committed Nifong-like prosecutorial misconduct and Dishonorable Judge Kazmierski committed grotesque judicial misconduct to bias the jury and convict me.  I was illegally sentenced to two years in prison, although the law required my maximum sentence to be probation due to my benign history.  For more information on this case and my efforts to have it overturned and have Sgt. Anthony Salemi, the creep that attacked me arrested see my appellate brief:

    I, from jail was allowed to mail one document to the federal court and I filed a multipurpose letter in my two civil rights cases that are pending in the District Court, Northern District of Illinois, Eastern Division, 1:09-cv-02353 and 1:09-cv-06413, which are civil rights suits against Cook County Sheriff staff for excessive force (attacks and beatings on me), malicious prosecution, willful indifference to medical needs, etc. They have passed the state of motions to dismiss and have a good chance of succeeding. I wish I had counsel to represent me. This letter stated that I was denied access to the courts while in jail from May 2010 to November 2010 in that the law librarian refused to do any legal research and because I was denied paper for 4 months, as well as denied access to the law library as the Sheriff has a policy that all prisoners held in the infirmary may not go to the law library, I was unable to write proper motions. This amounts to unconstitutional denial of access to the courts.

    This letter asked Federal Judge Hart and Judge Dow to consider the letter a petition for federal writ of habeas corpus. Judge Hart denied it stating that I had not exhausted state remedies, which is a false statement. I have now written a motion to reconsider this (to be filed), but it is also requested in a motion for enlargement of the discovery period, which I have written is a factual document that for purposes of judicial economy will not be repeated but will be incorporated in all my other motions including the one to vacate dismissal of request for letter to serve as petition for writ of habeas corpus and motion for leave to amend and resubmit petition for writ of habeas corpus.

    The purpose of these illegal acts is to defame Dr. Linda Shelton, Dr. Maisha Hamilton, Naomi Jennings and Vernon Glass so as to discredit them as witnesses to corruption as well as to cover-up the criminal acts by public officials like Illinois Attorney General Lisa Madigan who has committed fraud upon the courts and her staff along with the Illinois State Police’s Medicaid Fraud Control Unit (IL MFCU) and their administrators in the State Police have defrauded the United States Government and specifically the Inspector General of the U.S. Department of Health and Human Services by fraudulently obtaining millions of dollars in funds for illegal use by the IL MFCU. The fraud was that they had made false statements on their application for recertification and funding of the IL MFCU and used these funds to illegally prosecute cases of Medicaid fraud, when there was no Medicaid fraud. The State Police, specifically Investigator William Reibel, even fabricated false billing invoices in order to falsely imprison a whistle blower against government corruption, as well as knowingly prosecuted me without probable cause having in their possession evidence that someone forged my name in order to illegally bill Medicaid.

    I was found not guilty by jury trial in that we proved ID theft of my Medicaid number used by some corrupt persons to falsely bill Medicaid – something the prosecutor, Lisa Madigan was fully aware of all along. They did this to defame me and discredit me as a witness against corrupt officials, police, and judges.

    The applications for federal funding for the IL MFCU were signed by the Director of the Illinois State Police, through his employee, Don Thorpe, Director of the IL MFCU in 2001.

    They admit that the IL Attorney General by law has NO JURISDICTION or authority to prosecute Medicaid Fraud and that they must refer such cases to the U.S. Attorney. Yet they prosecuted at least three groups, all of which were innocent of fraud (Naomi Jennings, Maisha Hamilton, Linda Shelton with Vernon Glass, convicting two, one with invoices fabricated by the Illinois State Police Investigator William Reibel. Legitimate cases of Medicaid Fraud are prosecuted by the U.S. Attorney. Assistant U.S. Attorney Stephan A. Kubiatowski is the head of the Chicago U.S. Attorney task force on Medicaid and Medicare fraud, yet his sister, Illinois Department of Professional Regulation Administrative Law Judge Lucia Kubiatowski was personally involved in making illegal rulings against me in order to suspend my medical license.

    For further details see:  [Melongo's Web site]


    Linda Lorincz Shelton, PhD, MD, a graduate of the University of Chicago (B.A with honors and M.S. immunolog) and the Medical University of South Carolina (PhD in experimental pathology with training in forensic pathology, M.D.), born in Washington, D.C. and raised in Chicago, is a civil rights activist, retired physician and retired medical researcher, as well as a paralegal and medical malpractice consultant. She is a self-trained expert on constitutional law having known US Atty Gen. Ed Levi and been initially inspired 40 yrs ago by his little book on constitutional law. She has self-studied law as a hobby since that time and particularly likes to follow the writings and arguments of her high school classmate Erwin Chemerinsky (a constitutional law expert, law school Dean, and potential US S Ct justice) as well as the cases defended by Gerry Spence (well known for obtaining a multimillion dollar judgement in favor of Silwood's children - Silkewood is a famous whistle blower who died and was portrayed in a Hollywood movie). Shelton specialized in helping multiple disabled children and her patients are in the Guinness Book of World Records, 1997 Ed., as the “lightest set of triplets,” (Vincent triplets) as well as advocating for the poor, the mentally ill, the disabled, and other victims of injustice in our county. She is disabled herself, due to exposure in utero to diethylstilbestrol producing congenital spinal problems. She has been working to assist the wrongfully convicted over a number of years, even putting herself in harm’s way in order to help, and has been documenting judicial and police incompetence and corruption in Cook County. She is a victim of wrongful conviction and is fighting every day to counter the defamation against her and recover from the civil death that plagues her, while coping with her serious and multiple disabilities, exacerbated by brutal treatment in jail and prison, on top of a previous sexual assault,  resulting in a serious case of PTSD (post-traumatic-stress disorder).

    She has been examined by a nationally renowned forensic psychiatrist, Dr. Richard Rappaport, at her request to counter defamation against her and he has published his findings in the American Journal of Psychiatry and the Law as an editorial,  where he states:  

    "Neither woman was psychotic, malingering about the abusive consequences, or otherwise not entitled to the right to refuse treatment or the right to resist abuse." . . .
    " Labeling them as mentally ill led to their being apprehended by the police who treated both of them as if they were criminals, rather than patients, as those in charge assumed the women's protestations were evidence that they needed to be restrained and tranquilized. The courts in turn disregarded their complaints because of the diagnosis of psychosis, and thus the abuse continued from one venue to another.
    In each case, these women sought restitution of their good names and their rights and compensation for the abuse suffered. Both attempted to do so with­out the use of lawyers.
    AZ's [Linda Shelton's] victimization appeared to be the result of her being considered psychotic and her fighting a system that was undermined by politics and politicians. This power was vested in AZ's hospital board of directors as well as city and state officials. It is thus not surpris­ing that the courts in turn were influenced adversely against her." ...
    " The ethics we need to operate a reliable and safe society depend on rectifying the kinds of abuses to which these two physicians were subjected." [In his editorial: "Complications of Misdiagnosis", J Am Acad Psychiatry Law 34:436-8, 2006, by Dr. Richard G. Rappaport]
    Shelton blogs about Illinois corruption, giving details with names, dates and evidence at the following blogs – which have made her a target of the corrupt she is exposing – resulting in numerous false arrests and false prosecutions. She also has a personal blog with her opinions about issues of the day:

    The case law supporting the above includes:

    A) violation of IL Substitution of Judge (“SOJ”) as Right Statutes, 735 ILCS 5/2-1001 which make all orders given after denial of this SOJ as a right void (I asked for SOJ at the beginning of the hearing and McHale refused – so this means that McHale’s orders after this refusal are void per statute);
    B) in violation of Habeas Statutes, 735 ILCS 5/10-103 which allow a person to file an habeas petition on “behalf of another”;
    C) in violation of Good Time Jail Allowance statute, 730 ILCS 130, which gives jurisdiction for such credits to the county sheriff and not the judge, People v. Russel, 237 Ill.Epp.3d 310 (1992); People v. Prater, 158 Ill.App.3d 330 (1987); Kaeding v. Collins, 281 Ill.App.3d 919 (1996),
    D) in violation of IL sentencing statutes requiring concurrent sentences for the same conduct or acts occurring during the same state of mind, 720 ILCS 5/3-3, ; and
    E) in violation of the U.S. Supreme Court as well as Illinois Appellate and Supreme Court holdings which:
    1) require jury trial if sentences exceed 6 months aggregate for contempt, Bloom v. Illinois, 391 U.S. 194 (1968); Duncan v. Louisiana, 391 U.S. 145 (1968);
    2) forbid sentencing for more than one count of contempt representing same motive or state of mind during one trial or case, People v Brown, 235 Ill.App.3d 945 (1992);
    3) require jury trial if contempt sentence is summarily imposed on a day other than the day in which the contemptuous act occurred, In re Marriage Betts, 200 Ill.App.3d 26 (1990); Winning Moves,Inc., v. Hi! Baby, Inc. 238 Ill.App.3d 834 (1992); Kaeding v. Collins, 281 Ill.App.3d 919 (1996), and
    4) specifically state it is legal for a non-attorney to file a next-friend petition for writ of habeas corpus, U.S. ex rel. Toth v. Quarles, 350 U.S. 11, 76 S.Ct 1 (1955) and Boumediene v. Bush, 553 U.S. 723 (2008);
    5) state that defending a contempt charge by vigorously quoting law is not contemptuously insulting the court, Sacher v United States, 343 U.S.1 (1952); People v. Siegel, 68 Ill.Dec. 118; People v. Powell, 187 Ill.Dec. 774; United States v. Oberhellmann, 946 F.2d 50,
    6) state that when a judge is embroiled in controversy with litigant he must recuse himself for a contempt trial and be replaced by another judge, Mayberry v. Pennsylvania, 400 U.S. 455 (1971); Kaeding v. Collins, 281 Ill.App.3d 919 (1996);
    7) state that a judge may not order denial of statutory good time jail credits, People v. Russel, 237 Ill.App.3d 310 (1992); People v. Prater, 158 Ill.App.3d 330 (1987); Kaeding v. Collins, 281 Ill.App.3d 919 (1996),
    8) state that a judge’s orders are void when the orders are made without jurisdiction, United States v. United Mine Workers of America, 330 U.S. 258 (1947).

    These sentences by Judge McHale were acts of felony treason, a violation of 18 U.S.C. §2381, punishable by a sentence of 20 yrs to life, per previous holdings and/or dicta of the United States Supreme Court and were in retaliation for Shelton’s whistle blowing against corrupt judges, police, and State officials, including:

    1) that the judges in U.S. v. Will, 449 U.S. 200 (1980) affirmed the statement of Chief Justice Marshall in Cohens v. Virginia, 6 Wheat. 264, 5 L.Ed 257 (1821) that it is “treason on the constitution” when a judge “usurps [the jurisdiction] that which is not given” – referring to acting outside the law or violating the law including statutes and higher court holdings; and
    2) that it is a “war on the constitution” when a judge violates his oath of office to support it [including supporting statutes of a state = due process], Cooper v. Aaron,358 U.S. 1, 78 S.Ct. 1401(1958).
    Note: The IL MFCU application for recertification from 2001 that I received in 2010, in response to a Freedom of Information Act (FOIA) request sent in 2006, admits that the IL MFCU is federally funded and that the IL AG has NO JURISDICTION to prosecute Medicaid Fraud and that they refer all such cases to the U.S. Attorney or County State’s Attorney can be seen here. You can read the application, the indictment against me and see the forged signatures on documents allowing billing Medicaid under my name (not my signature and therefore proof of ID theft and proof they knew there was no probable cause to charge me – I got these documents from AG Madigan in discovery before trial) can be seen here.

    Links to articles about Melongo’s cases and the links to evidence proving there is no probable cause against her can be found here.

    Shelton contempt hearing transcripts:

    Part 1, May 11, 2010

    Part 2, May 11, 2010

    Part 1, June 9, 2010

    Part 2, June 9, 2010

    Oct 1, 2010

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