Judge Jorge Alonso Overturns Federal Medicaid Code - Denies Medicaid Patients Mental Health Care!

Dr Linda Shelton, who has devoted her life to service of others and particularly to providing medical and mental health services to the poor will be completely destroyed in two weeks with a false conviction for Illinois Medicaid Fraud simply for trying to help people on Medicaid obtain mental health care. Please read the following and help any way possible. I thank anyone who will help me.

This is a story epitomizing government corruption and greed, retaliation against whistle blowers, and gross government incompetence brought on by decades of fraud, patronage, and nepotism in Illinois.

Judge Alonso along with Judge Pantle before him have made rulings that are pervasively unconstitutional in denying due process, denying speedy trial, denying defense the ability to present defenses, allowing the alleged prosecutor to withhold key exculpatory evidence, in defiance extensively of U.S. Supreme Court decisions, in defiance of federal and state law for nearly a five year period that I have been deprived of any possibility whatsoever of a fair trial, which by law should not even be held because neither the alleged prosecutor nor the court have jurisdiction to prosecute acts that are legal. They should both be impeached.

Shelton has appealed to the 7th Circuit Court of Appeals to intervene, but the 7th Circuit does not always follow the law. You can read my appeal to them at: http://www.scribd.com/doc/12284277/SheltonFederal-Motion-for-Certificate-of-Appealability7th-Circuit-Court-of-Appealshabeas2009

Judge Jorge Alonso ruled on my pending criminal case where Shelton is charged with Medicaid fraud that “substitute billing is illegal”. This is where a doctor sends a bill to the insurance company for services performed by his employee such as the service of a nurse administering a vaccine, removing stiches or counseling a mother how to breast feed, a psychologist administering a psychological test, a drug addiction counselor counseling an addict, or a cast technician applying a cast. In my case the Illinois Attorney General claims that if a doctor bills Medicaid for counseling (for drug addiction, post-traumatic-stress disorder after rape, obsessive-compulsive disorder, depression, dementia, etc.) if the counseling or psychological testing was done by an employee and not directly by the physician then it is a felony crime.

If substitute, also known as incident to, billing is illegal than ALL doctors in Illinois are guilty of a felony crime of fraud! God Help Us! Judge Alonso is so eager to railroad me and convict me that he is violating his oath of office to uphold the laws of the land and the constitution. Due process, guaranteed by the Bill of Rights REQUIRES that he follow the law. He is BLATANTLY violating the law, either maliciously or ignorantly due to his arrogance, incompetence, bias to run and support the alleged prosecutor AG Lisa Madigan, or his ego.


Physicians are NOT trained to do psychological testing for personality disorders or mental illness. Psychologists at the master’s and Ph.D level are trained to do so. These tests are invaluable in helping determine the right diagnosis and the right course of treatment. Judge Alonso has ruled that those on Medicaid are not eligible for this type of evaluation and treatment as a result of his illegal and unconstitutional ruling.

Many non-physicians are licensed in Illinois and all states to provide Psychiatric & Psychological Services:

1. nurses 225 ILCS 65,
2. clinical psychologists 225 ILCS 15,
3. licensed social workers 225 ILCS 20,
4. licensed clinical professional counselor 225 ILCS 107,
5. licensed marriage and family therapist 225 ILCS 55 and 68 ILAC 1283

Judge Alonso’s illegal ruling denies all of these people the RIGHT to practice their profession and denies the citizens of Illinois on Medicaid the Right under the Federal Medicaid Act to access to care equivalent to the care provided in the community.

Federal Judge Joan Lefkow ruled in August 2004, at the end of a 12 year civil rights class action suit that “Illinois Medicaid Policies and Procedures are in Violation of the Federal Medicaid Code because they Deny Access to Care” to children on Medicaid. This ruling is applicable to all Medicaid patients but the ruling only applies to children. It needs to be expanded to cover all Medicaid patients.

The Federal Medicaid Code, 42 U.S.C. 1396A(a)(30)(A), [regarding adults and children covered under Medicaid and the EPSDT program] REQUIRES any State Medicaid program funded by the federal government to provide care equivalent to that obtainable from private insurers in the community to Illinois Medicaid clients.

Therefore, Judge Alonso’s ruling is unconstitutional, unfair, illegal, and amounts to his ruling to overturn the Federal Medicaid Code as well as Illinois Statutes licensing non-physician providers of mental health services. As > 80 % of mental health services are provided by non-physicians this essentially shuts out mental health services to all but a few in Illinois who are poor, because Judge Alonso has declared this service to be illegal.

The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination. This is a felony civil rights violation called Conspiracy to Violate Civil Rights under Color of Law. It is an impeachable offense as the judge is willfully and blatantly violating the law and the Constitution.

As to my case, I am charged with billing for mental health services never done and substitute billing for mental health services between June 2000 and April 2002 while "working" at Right Frame of Mind & Associates (RFOM). Over the last six months when I obtained access to the old business records for RFOM I discovered the fact is that the year before I started working for a group practice called RFOM, part-time providing chart review for quality, consultation about medical and psychiatric policies and procedures, and limited patient care, two woman, who were partners with the CEO and without the knowledge of the CEO, in 2000 fabricated hundreds of patient encounter forms (filled out by the provider - a doctors or a therapists as to what patient they saw, the diagnosis, and what service was provided), that are later translated into bills or invoices by the billing agent, for services they never did. These two women, Itadel Shalabi and Nareman Taha never met me as they were fired before I started working there in 2001.

I had major neurosurgery in July 2000 due to a congenital spinal problem that was crushing my spinal cord and leading progressively towards quadraplegia. I was incapacitated for six months and heavily sedated with narcotics and other drugs for much of that time. I had agreed in early 2000 at the request of the CEO to be one of a dozen or more part-time medical directors to oversee quality of care, screen for medical disorders mimicking psychiatric disorders, help train the counselors to write better notes (many were foreigners with good counseling skills but a little difficulty with English writing), advise the CEO on best medical practices and standard of care, and provide physician services to patients needing medications. I specifically told the CEO I would be unable to participate in the group until after I went through major surgery and a prolonged recover, if I survived and recovered.

I or my staff while I was in hospital gave the CEO my Medicaid provider number and other necessary documents so that the company's billing agent Louise Moore of Data Medical Works could sign me up with Medicaid as a provider for the group so that they could bill for my services when I began to work, if I recovered, in 2001.

Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers - another center with its own enabling State Statue). Payment received from Medicaid and the State for the same services would actually have been greater as Community Mental Health Services are paid an additional amount by contracting with agencies in the State such as the Department of Children and Family Services, the Department of Corrections, or other agencies for missed visits, training of employees, etc., that usually are not paid by Medicaid.

Under the Community Mental Health Service Act mental health groups that become certified bill Medicaid under the Center's name and not under the doctor's, psychologist's or therapist's name. They also contract with the Illinois prisons, and/or DCFS (Illinois Child Welfare) or other agencies to provide comprehensive mental health services. They must have at least one medical director, but the director is an administrator and doesn't have to see patients. Ph.D. psychologists or doctors or licensed mental health providers can supervise non-physician mental health service providers and bills can be sent in to Medicaid under the center's name for all these services.

Ms. Moore ignorantly thinking (falsely) that her contract allowed her to sign the names of Right Frame of Mind employees on to any form signed my name in August and December 2000, without my or the CEO's knowledge or consent, on a power of attorney form, an alternate payee form, and a blue cross/blue shielf electronic partner trading agreement form, which are all required to allow her to translate the patient encounter form to an electronic invoice and send it over the wire to BC/BS for adjudication, who then sends it to Medicaid, who then pays abut 30-40 cents on the dollar to the Alternate Payee (in this case RFOM).

Ms. Moore had spoken to the Medicaid Provider Service Unit about how to register the non-physician providers to bill Medicaid. She was told that non-physicians cannot bill Medicaid, was NOT told that a better way to bill was as a community mental health center or how to sign the group up as a community mental health center, and told that all bills (invoices) had to have a doctor's name as the provider.

Then Ms. Moore, without my or the CEO's knowledge changed the provider name in preparing invoices from Itadel Shalabi's and Nareman Taha's fraudulent patient encounter forms to my name so she could bill under my Medicaid Provider Number. I don't believe that Ms. Moore had ANY knowledge of the fraudulent nature of the Patient Encounter Forms made by these two women.

Therefore the ghost billing charge is a result of ID Theft, resulting from both fraud by these two women and a comedy of errors by incompetent people advising Ms. Moore in the Medicaid Provider Service Unit, as well as her own blundering ignorance. I am totally innocent having not participated in any way in generating these bills or in receiving or using the money paid for them by Medicaid.

Ms Moore unfortunately is also guilty of mass fraud in all the work she has done in the past decade or more. It is illegal for an insurance biller to bill Medicaid based on a contract where they are paid by the percentage of funds received form Medicaid by the provider. Ms. Moore charged around 8% of all billings. This is illegal and considered fraud as it ties the billers service, which has nothing to do with the medical care provided, with the doctor's service. Therefore, if she billed for a $100,000 procedure by a heart surgeon she would be paid $8,000 for sending in one bill, while when a family doctor bills $100, she would be paid $8. Providers of services to doctors are NOT ALLOWED to tie their services to the income from the actual medical provider. She MUST BILL ONLY by the piece of work such as $8 per bill. However, she has not been indicted for Medicaid Fraud and has not been sued by RFOM for Fraud in holding herself out to be an expert on billing when she was not.

The second aspect of the charge is substitute billing. I signed a Power of Attorney Form and Alternate Payee Agreement in August 2001. I was informed by the CEO sometime in late 2001 or early 2002 that the group was told by Ms. Moore that the counselors' and psychologists' services had to be billed under a doctor's name so that bills on patients I had seen, but for dates of service when they were seen by a non-physician were being billed under my name. I had assumed that the billing agent was competent and doing the billing properly. I had assumed that substitute billing for employees services in mental health care was as legal as billing Medicaid for my nurse giving a patient a vaccine. I had no idea at the time that anyone considered substitute billing illegal. I had no knowledge that Ms. Moore had actually sent in tens of thousands of dollars worth of bills under my name before August 1, 2001 based on documents she forged and the fraudulent patient encounter forms from the above two women. Therefore, I told the CEO that was fine. I was not involved in billing or administration of the group except to fill out patient encounter forms when I saw a patient. I had a good faith belief that all was well.

I had also had an agreement that being part-time the business would limit my patient panel to 200 patients as I did not feel that part-time doctors should supervise the care of any more patients than this number.

Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Senators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid. The public should be outraged, but I do not have time to try to mobilize them.

In late 2001 Ms. Lovett, Ms. Collins and others from the Office of Inspector General Medicaid contacted the RFOM and claimed that they needed to review some charts as a "standard review of a new practice to help us comply with the rules". We completely complied and Ms. Lovett came out in 2001. She told the CEO the charts were well done and she would give us a report in 90 days. She lied. The CEO was actually very happy about this review because he wanted to make sure that our group practiced with the highest quality and had the best quality charting in the business. They never gave us a report or any feedback and their only response was to initiate a felony prosecution which culminated in the indictment of selectively me (and not one other of the dozen or so medical directors doing the same job - perhaps because only the CEO and I were whistle blowers about Illinois Governement Corruption and mistreatment of children in foster care and on Medicaid by the State) and the CEO.

After a number of months with NO feedback and strange comments from the Illinois State Police Medicaid Fraud Unit to the CEO (part of the Illinois Attorney General's Office), when the CEO had gone to inform them that he was concerned abut the integrity of our medical records because he had fired Itadel Shalabi and Nareman Taha for other administrative misconduct and inappropriate behavior with patients and they stole a hundred or so medical records (eventually returning parts of them) I began my own investigation of the rules of Medicaid. The State Police have not arrested them yet.

The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this "routine review" concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master's degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status.

The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.

Beginning in 2002, I researched the Federal and State Medicaid rules, policies, and laws so that I would be able to meet my fiduciary duty to participate in running the corporation at least from an advisory point of view. I discovered the following and this is why I told the CEO in mid 2002 and maintain this belief, that substitute billing is perfectly legal and actually REQUIRED by the Federal Medicaid Code as well as NOT PROHIBITED by Illiniois Statutes or Illinois Adminstrative Rules:

Federal and State Medicaid laws are extensive, complex, and immensely confusing. The State of Illinois is misusing them to indict doctors, psychologists, administrators of psychiatric and psychological practices for “Medicaid Fraud” when they are actually following federal law and providing needy services including counseling, drug treatment, suicide prevention, etc. Attorney General Lisa Madigan and Jim Ryan before her have targeted especially those groups run by whistle blowers, in order to falsely claim they are tough on fraud, to prevent Illinois from paying the bill for mental health services for the poor and needy on Medicaid, and reduce the bottom line.

A claim of “tough on fraud” will help AG Lisa Madigan win election as Governor. Failure to provide mental health care including drug addiction and alcoholism treatment leads to increased crime as drug addicts, alcoholics, and those that are so out of touch and mentally ill find alternatives to legitimate work to feed their habits or survive. Failure to provide adequate mental health care at the front end leads to much higher costs in the long run.

Code of Federal Regulations 42 CFR 414.34 states:
“Payment for services and supplies incident to a physician’s service”“(b) Services of non[-]physicians that are incident to a physician’s service. Services of non physicians that are covered as incident to a physician’s service are paid as if the physician had personally furnished the service. "

Clearly Judge Alonso's statement is FALSE.

United States Code42 U.S.C. § 1396d(a)(5)(A)
requires reimbursement for “physicians’ services furnished by a physician.”

Code of Federal Regulations 42 C.F.R. § 440.50
The HHS rule implementing the Medicaid Act defines “physician services” to include services provided:“(a) within the scope of practice of medicine or osteopathy as defined by State law; and(b) by or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy.”

Congress further authorized substitute billing under Medicaid for services furnished:“by, or incident to the services” of another physician. Physicians also routinely bill for services of another physician who is covering for them when they are unavailable.

Federal Regulation66 Fed. Reg. 55268
HHS makes clear in its preamble to this rule that it does not restrict the type of auxiliary personnel who may perform a given “incident to” service: “We deliberately used the term any individual so that the physician (or other practitioner), under his or her discretion and license, may use the service of anyone ranging from another physician to a medical assistant.”

Code of Federal Regulations42 CFR 411.15

“Particular services exclude from coverage” specifically states that:

“(m) (3) Exceptions. The following services are not excluded from coverage:…

•(iii) Nurse practitioner and clinical nurse specialist services……

•(v) Qualified psychologist services,”

FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL

•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).

•The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.

State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)

•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers

•Private insurance pays for psychiatric services provided by counselors and psychologists

•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO

42 U.S.C. 1396a(a)30(A)

“A State plan for medical assistance must –Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are ... sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area",

Ambiguous State Laws Must be Interpreted to Conform to Fed Law

•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,

•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.

•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).

I (SHELTON) CONTINUES HER OWN INVESTIGATION OF BILLING PRACTICES – 2002-2005

Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. In another section it states that mental health services in hospital by non-physicians should be billed by the hospital or the physician.

I also discovered the Illinois Community Mental Health Center Code.

Illinois Administrative Code (IAC)89 IAC 140.12

“Services Not Covered by Physician”DOES NOT MENTION psychiatric services by non-physicians

Illinois Administrative Code89 IAC 140.400

(a)“Payment to Practitioners”“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”

Illinois Administrative Code89 IAC 140.411

“Covered Services by Physicians”“The Department shall pay physicians for the provision of services not otherwise excluded which are:. . .c) Provided by the physician or by a member of the physician’s staff under the physician’s direct supervision

Illinois Administrative Code89 IAC 140.413

“Limitations on Physician Services”that “limitations” on physician’s services include that psychiatric services will be paid for if they are “. . . provided by a physician . . .” [It does not exclude non-physician services and it is a reasonable inference to conclude the definition of "physician" include the services of non-physician employees, under the doctor's supervision as defined in 89 IAC 140.400 & 411]

How does this negate previous definition of “physician services” which include incident services by his employees?

UNCONSTITUTIONAL STATE CLAIM

State falsely claims use of word “physician” in 89 IAC 140.413 negates definition of“physician services”, which includes incident services by physician’s employees as defined in 89 IAC

140.400(a), 89 IAC 140.411

State falsely claims that federal law does not apply and statutory construction rules don’t applyJudge Alonso previously illegally ruled that the Federal Medicaid Code does not apply in this case despite the fact the Illinois Medicaid is a joint federal/state program partially funded by the Federal Medicaid Code!

IAC TOO VAGUE

•Criminal Laws are invalid if too vague to understand ("void for vagueness doctrine")

•Illinois Administrative Code too vague in sections:89 IAC 140.12,89 IAC 140.400,89 IAC 140.411, and89 IAC 140.413Illinois Administrative Code

•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?

•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?

STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)Specific Controls over General

•89 IAC 140.400 & 89 IAC 140.411more specific “physician services” includes non-physician employee services

•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician

Federal Law Rules

42 CFR 414.34

Services by Physician’s staff are billed as IF the Physician Performed the Services Himself
If State and Federal Law conflicts, Federal Law RulesDue to the Supremacy Clause of the United States Constitution

FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES

•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:

• 42 USC 1396d “Definitions For purposes of this chapter

• (r) Early and periodic screening, diagnostic, and treatment services

••The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:

• (1) Screening services –

• (A) which are provided –

•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;

• . . .

•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”

STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES

•89 IAC 140.485 states:

•“Healthy Kids Program

•Program Description–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:

•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health

•…

•8) Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,

•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:

•“5/19. Healthy Kids Program

•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”

Dr Shelton was a Medicaid Registered EPSTD Provider

Therefore ANY REASONABLE person would conclude that the law permits substitute billing for mental health services whether it be another physician covering for the doctor, or a non-physician supervised by the doctor or her colleagues. If you don't agree than the void for vagueness doctrine should clearly negate and prevent any criminal charges for substitute billing.

God Help Me! I am innocent and destroyed. This is my reward for devoting my life to service particularly of the poor and needy. If you want to help, contact the Illinois Reform Committee and flood them with letters. Contact the U.S. Attorney and FBI and flood them with letters. Contact your legislators and Congressmen and flood them with letters. Come to the trial on February 17, 2009 which will last two weeks and fill the gallery so that the judge knows your opinion. Contact the press. Donate to my legal fund anything possible. I need tens of thousands of dollars. Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd Floor, Chicago, IL 60623. 773 847-2600 He is doing the best he can defending me under the complete lawlessness of the Circuit Court of Cook County.

Thank you if you help.

Quadraplegic Convicted of Resisting Arrest and Battery of Chicago Police Officers Sues for Excessive Force

Quadriplegic Man Files a Lawsuit Accusing Chicago Police of Beating Him

A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.

Casares has been a partial C2 quadriplegic for a long time. He only has minimal movement only in his right arm, and of course is confined to a wheelchair. Most of his movements are muscle spasms not under his control. Emotions increase the muscle spasms as they did on the date in question. Casares was sitting in the passenger seat of a car in an alley where he had gone with his brother to admire a car. One of his interests is in cars so he is taken to look at interesting cars owned by his friends.

The police were apparently suspecting that drug deals were done in that alley and suspected his brother. They pulled their guns and told everyone to get out of the car. When Casares did not get out, despite everyone yelling he was quadriplegic, Casares claims a female officer got in the driver's seat, pulled her gun and pushed it at his thigh and said "you're going to walk now." This great stress induced a muscle spasm that slapped her in the face. Immediately after that the police dragged him out of the car and beat him. His face was severely contused and swollen. They beat him more harshly because he refused to walk.

Three police officers that testified at Casares’s criminal trial offer a different account. They claim that they never drew their guns during the altercation and accuse Casares of hitting a female cop when she asked him to exit his car.

Cesares was charged with resisting arrest and misdemeanor battery. He was convicted at a bench trial. Judge Brown apparently was impressed with Caseras' muscles - he is well toned in the arms because of constant involuntary spasms. Caseras told the judge he had only limited movement of his right arm demonstrating that he could move it a little up and down. The judge was so incompetent and outrageously biased that he ignored the fact that Caseras is quadriplegic with mostly muscle spasms and limited movement and the likelihood that Caseras involuntarily slapped the officer in the face and convicted Caseras who was sentenced to probation. To say there is NO reasonable doubt is insane and unfair.

Civil rights organizations and disability rights groups should jump onto this case and aid Caseras. We should also consider racial bias and discrimination against Caseras because he is Hispanic. Judge Brown should be removed from the bench for this outrage. The case should be overturned on appeal and if it is not, then we truly live in a totalitarian police state where police can beat, abuse, harass, and kill people with impunity!

This is a case screaming for the intervention of the U.S. Attorney. To me this is felony violation of civil rights under color of law, excessive force, unlawful arrest, malicious prosecution, and racial discrimination.

Save a LIfe - Dr. Maisha Hamilton Bennett - From Corrupt Officials - I'm SERIOUS!!

UPDATE - Sept. 17, 2009

Dr. Hamilton was FREED from custody today. The charges of perjury were nolle pros'd and she pled guilty to violation of probation in exchange for being sentenced to jail time served. She believes she is and actually is innocent and will now focus on the appeal of her conviction for vendor fraud and theft. When that conviction is overturned, then the violation of probation will also be overturned as you can't be guilty of violation of probation if the probation never legally existed.

The facts are that her indictment is void because it was legally insufficient. She was never arrested for the crime before trial so the trial was illegal. According to the Federal Medicaid Code, nothing she did was illegal so the charges are void according to the Supremacy clause of the Constitution. The IL Attorney General had no legal right to bring Medicaid fraud charges without the consent or participation of the Cook County States Attorney. The SA had brought the charges and then dismissed them. In addition to these facts there are several other reasons why the charges, the trial, the conviction and the sentence are null and void.

I had filed a petition for habeas corpus that was heard by Judge Biebel. He appointed Prof. Daniel Coyne of the Kent School of law to represent Dr. Hamilton. Prof. Coyne should be thanked for helping orchestrate this deal to get her released. Now Dr. Hamilton can focus on her appeal and gather the necessary documents as a free woman with no strings attached. The part of her sentence on vendor faud and theft including $400,000 restitution and 600 hrs community service, as well as probation was vacated in the deal.
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The following is a letter to the Director of the Chicago FBI Office. I am asking him to save a life. Please help me by ACTING. Write a letter to Mr. Grant and Asst. US Attorney Patrick Fitzgerald. Write a letter to the press. The addresses are at the end of this post. Disseminate this information widely on every blog possible. This is a matter of life and death. This is a matter of preserving the Republic. In this terrible time in Illinois we need ANY help we can get. IF we could raise $200,000 we could pay the bail and get Dr. Hamilton out of jail and to a hospital if necessary. If we could raise $20,000 to $50,000 we could get her a good attorney. Help us wrench back our State of Illinois from the corrupt. Read the following link that gives you a brief idea what we are up against.

http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html

HELP SAVE A LIFE, A TALENTED PERSON, HER CAREER, AND LET HER CONTINUE HER WORK TO HELP THE POOR, THE MENTALLY ILL, AND THE DISADVANTAGED. Talk is cheap. Please walk the walk and don’t just talk the talk. We are in desperate straits in Illinois. Gov. Blagojevic is the tip of the iceberg of corruption. He is merely a puppet. The real crooks are behind the scenes and spread out like an octopus with tentacles.


Special Agent Robert Grant:

Please discuss this with AUSA Patrick Fitzgerald. Please read this in detail. I am asking you to intervene to save a life of probably the most valuable witness against corruption in IL that you could have.

I am writing to PLEAD WITH YOU to please meet with me and go to CCDOC and meet with Dr. Maisha Hamilton [Bennett]. This is to save her life and preserve a valuable witness for you to use against corruption. She has more knowledge about the Jacksons, Vrydoliak, Rev. Meeks, Stroger, and many African American politicians in IL than almost anyone!!!!

Dr. Hamilton is a brilliant and talented person devoted to mental health care for the poor. She has studied at Harvard in post-graduate seminars. She is the first black Ph.D. psychologist in Illinois and graduated from the University of Chicago. She was until 2002 the Chief Mediator for the Postal Service. She was appointed Deputy Dir. of the Chicago Board of Health in charge of mental health clinics by Mayor Wahington. She is a law abiding citizen. She was the psychologist examining and treating the two boys, age 7 and 8, falsely accused in the Ryan Harris murder and is responsible in proving they could not have committed the crime. She was on the Board of Directors of Rainbow Push. I have attached her CV. Please look at it. When she took office a Daley operative came in and told her to just sit at her desk as a figure head and he would run the department. She kicked him out and has been the victim of retaliation for the last 20+ years!

It is common knowledge that vendors pay a 10 % bribe in an act of pay to play in Cook County and Illinois to obtain government contracts. Dr. Hamilton ALWAYS said NO THANKS – I won’t pay a kickback. Dr. Markos is head of the forensic clinical services at the Cook Count Courts. It is likely that he would not be there if he didn’t pay the kick-back.

Dr. Hamilton was fraudulently arrested and convicted of Medicaid vendor fraud (a state charge). I know absolutely she is innocent. She was convicted of having her company bill Medicaid for mental health services of her employees who were psychologists and counselors. They said that the Medical Director’s name was used as the provider. The issue is that the billing agent Louise Moore of Data Medical Works without Dr. Hamilton’s knowledge, and because Ms. Moore fraudulently holds herself out as an expert at setting up companies to bill Medicaid, and because the IL Medicaid provider unit told her to do so, wrongfully set up Dr. Hamilton’s company, Hamilton Wholistic Healthcare, to bill fee-for-service instead of as a licensed Alcohol and Drug Treatment Center (“ADTC”). ADTCs in IL can bill under the center’s name for services of employees who are not physicians! In addition her center was an inpatient treatment center and mostly billed for services to inpatients. She also billed legitimately for services to children of the patients who received counseling. She didn’t even know that Ms. Moore was billing under a medical director’s name, instead of billing under the center name, because the checks from Medicaid were made out to Hamilton Wholistic Healthcare.

Ms. Moore by the way bills fraudulently by percentage instead of by each itemized service. According to the rules, this is Medicaid fraud and you have been ignoring this for a decade or more. Ms. Moore is becoming very wealthy off of this fraud and off of fraudulently holding herself out as an expert at not only billing but also setting up companies to bill. Ms. Moore actually is just setting people up to be wrongfully indicted by the sham prosecutor Lisa Madigan – who under IL law has brought these charges against Dr. Hamilton without any jurisdiction! I would like to explain this to you in detail, but if you do not understand – and want to figure this out yourself please read – a fed habeas case – 08 C 6216 AND 08 C 4627.

Dr. Hamilton was fraudulently convicted and sent to County Jail for six months of a wrongful incarceration. They tried to kill her twice there – one time the officers told two deranged and violent inmates to shank her in the shower but she was saved by other inmates who warned her to stay away from the shower. During the 4 yr probation sentence following incarceration she fled to Virginia to her brothers house so she could file habeas petition with the US Supreme Court.

She also testified against IL S. Court and at the time IL Appellate court judge Ann Burke. Judge Burke is up to her ears in corruption in that her husband accepts $10,000 bribes to get people elected to judgeships. Judge Burke has lawless control over the higher courts.

Dr. Hamilton knows about this because her sister, Morgan Hamilton, is a Cook County Circuit Court Judge! Dr. Hamilton told me there was no way she would win an appeal in the IL Courts as they are corrupt and she testified against Judge Burke in the Baby T case where J. Burke illegally arranged to have guardianship of Baby T – Travis Oldelson. Judge Burke essentially kidnapped Baby T in order to have a black child she could parade on her Christmas cards to get the black vote! Isn’t that sick!!!! I would like to tell you how J. Burke accomplished this. I suggest you also talk to Baby T’s mother Tina.

Any ways, Dr. Hamilton is so convinced that the fed court system HAS to hear her when she has no possibility of justice in IL – because the cabal of corruption at their highest level needs to shut her up and discredit her because they know how much information she has, that she fled and filed documents in the US Supreme Court for habeas which of course were dismissed for failure to exhaust state remedies – per my understanding.

Dr. Hamilton is so INTENSELY FRIGHTENED of the justice system in IL and the cabal of corruption (consisting of her former “friends) – Judge Evans, Jesse Jackson Jr. and his wife, Danny Davis, Bobby Rush, Ms. Adams, Rev/Sen Meeks, etc that this has seemingly irrationally colored her decision to refuse to participate in a state appeal. Extreme fear and personal knowledge of the extent of the corruption actually make her decision rational. The State Appellate Defender wrote a very good appeal that should get her conviction overturned because of MANY gross civil rights violations and due process violations. However the appeal was thrown out because she was a fugitive. Up to now she has refused to write a petition to the IL Appellate Court to reinstate the appeal.

Anyways, the IL Atty Gen’s office FRAUDULENTLY CALLED the Washington DC Federal Marshall fugitive task force and told them a complete LIE. They said she was a major criminal who committed fraud and that her name was all over the papers and that if they didn’t pick her up immediately she would flee and they would lose her. They came into her brother’s house, breaking down the door, with guns up and arrested her. They were then furious when the IL Gov failed to send in a timely fashion a Governor’s warrant and the only charges pending against her were a probation violation and a warrant for perjury. Therefore, their arrest was ILLEGAL!!!

Then Dr. Hamilton, in her extreme fear, (I would testify that she called me and was adamant about her fear of being killed by corrupt officials in Chicago) jumped the $2000 bail imposed by the Virginia courts and fled to St. Louise, where she spent a year filing habeas petition with the federal court in St. Louis. However they also dismissed it for failure to exhaust state remedies. The IL Atty Gen then traced her to St. Louis where she was living “under the radar.”

She was arrested in St. Louis in April and extradicted to IL. She is now in CCDOC awaiting a trial on perjury - she testified in the Ryan Harris murder case- and the two boys whose murder charges were dismissed civil suit against the city that she was not convicted of making false statements – the Cook Co States Atty. then charged her with perjury for failing to state she had been convicted of Medicaid Vendor Fraud. I witnessed her testimony and she actually didn’t lie. She chose her words VERY carefully.

She is now at CCDOC. Sadly as she is a raw foods vegetarian she does not eat much and is starving away. I believe this may be severely damaging her health because as you know medical care is denied at CCDOC for all practical purposes. Starvation may lead to more compulsive thinking and behaviors, as well as increase their fear and frustration. She has self-studied law and is overly verbose and doesn’t understand that the rules are VERY rigid and she can’t get around corrupt IL courts by ignoring the rules that she must exhaust state remedies. I believe she actually has a case that she cannot get justice in the IL courts and that the Fed. Court should hear her habeas for that reason, but this is not being properly presented to them.

The judge in her case ordered a fitness exam. The problem is that the examiner is part of the cabal of corruption. He apparently has found her unfit – in my opinion this is impossible!!!! I actually examined Dr. Hamilton and filed a fitness exam report with the court a few years back. I know her well now and have reviewed her pleadings, CV, talked with people she worked with and her sister and wish I could see her now and evaluate her present physical condition, which I believe to be quite dire. I believe they may be using this to get rid of her and may obtain a fraudulent judgment to drug her out of her mind. She is estranged from her very ill sister Judge Hamilton and has no one to help her but me, a Chicago Police Homicide Detective who can verify that everything I am saying is true and a few friends. My hands are tied in ways you are well aware of!!! I can’t help her right now but you can. Please do so for your benefit, to protect a witness. Perhaps you can put her in a witness protection program after you verify everything.

Dr. Hamilton was treating a person in the trucking department of the City of Chicago, - you know his name. He has obsessive compulsive disorder. He became director of the dept under the Washington administration and then was demoted under the Daley administration so their corrupt allies could take the job. This man’s condition caused him to zerox papers from that office for the past 20+ years and bring the copies to his house. He has 100s of papers including a document on Mayor Daley’s letterhead made out to one of the truckers who admitted paying a bribe stating that the bribe should be paid to the fund “friends of Madigan.” Why are you ignoring this?

I believe she is in grave danger and may die or have permanent damage from inappropriately prescribed drugs if she is not rescued.

PLEASE FOR GOD’S SAKE – PROTECT ONE OF THE BEST WITNESSES YOU HAVE AGAINST THE CABAL OF CORRUPTION – FIND A WAY TO TRANSFER HER TO THE FEDERAL CORRECTIONAL INSTITUTION, PRESERVE HER HEALTH, AND INTERVIEW HER!!! PLEASE PLEASE – FOR GOD’S SAKE – DON’T THROW AWAY LIKE A PIECE OF GARBAGE ONE OF THE BEST WITNESSES YOU ARE IGNORING. SHE WAS A TARGET OF VRYDOLIAK AND BURKE!!! She knows the inner workings of Rainbow Push and every Department in Illinois. She personally for the last 20+ years knows what has been going on!!!!

What is wrong with you!!!!

Linda Lorincz Shelton, Ph.D., M.D.

Special Agent Robert Grant
Director FBI Chicago
2111 West Roosevelt Road
Chicago, IL 60608-1128
(312) 421-6700

Assistant US Attorney Patrick Fitzgerald
Office of United States Attorney
219 S. Dearborn, Fifth Floor
Chicago, IL 60604

Anita Alvarez
Cook County States Attorney
50 W. Washington, Room 500
Chicago, IL 60602

Judge Mary Brosnahan – (regarding perjury case)
Criminal Court Building Room 303
2600 S. California Ave
Chicago, IL 60608

Judge Thomas Gainer – (regarding fitness and Fraud Conviction)
Criminal Court Building Room 303
2600 S. California Ave.
Chicago, IL 60608


I don’t know the numbers or addresses of the press – please contact them, and please send me any contact information that you feel I might find useful.

Please also send me names and contact information for any activists, ministers, politicians, or celebrities that you feel may be willing to join this cause.

If you know any psychologists or psychiatrist willing to donate their services to examine Dr. Hamilton for the defense please contact me.

If you wish to donate funds, please contact me. I am trying to set up a fund to pay for her defense. I have an attorney who will take the case if he is paid. I cannot afford to pay him.

Criminal History for Dr Linda Shelton

BRIEF DETAILS OF CORRUPTION BY STATE AND COUNTY OFFICIALS AND POLICE IN REPEATED FALSE ARREST OF, MALICIOUS PROSECUTION OF, RETALIAION AGAINST, AND DEFAMATION OF
DR. LINDA SHELTON

CRIMINAL HISTORY – LINDA SHELTON, Ph.D., M.D. 12-24-12

ARREST #/CASE NUMBERS                                   CHARGE                                ARREST DATE

                        WRONGFUL CONVICTION:           COOK COUNTY CIRCUIT COURT

 05 CR 12718-01                    720 ILCS 5.0/12-4-B-6  AGG BAT/CORRECT OFC     05/18/05

Disp:               Guilty by jury verdict August 23, 2007 , ON APPEAL - see appeal brief and denial by  
                        Illinois Appellate Court - so now writng papers for higher courts

                        Sentenced December 3, 2007 – two years IDOC, presently on MSR in custody of IDOC

                        Parole Division

                       

                        $100,000 bail, bonded out from CCDOC 5/27/05 with $10,000 D-Bond  (10% cash)

Incarcerated 10/10/07 to 3/31/08 at CCDOC then Dwight Correctional Center then

One year mandatory supervised release until 3/27/09

Circumstances: Unlawful arrest and malicious prosecution for battery of correctional officer – in fact officer falsified records after attacking Shelton. There was no attack on officer and Shelton is innocent. Conviction was secondary to extreme judicial corruption and misconduct and Nifong-like prosecutorial misconduct. See details written in Shelton’s blog: illinoiscorruption.blogspot.com  Appeal unconstitutionally affirmed based on an ad hominem attack on my character by the Appellate judges and their refusal to properly review my arguments including them ignoring the case law I provided. I can’t file appeal with the IL Supreme Court because they have banned me from filing until I pay past fees that they illegally refused to waive even though I am indigent, violating their own Illinois Supreme Court rule 298.  I am preparing an appeal and complaint for mandamus with the U.S. Supreme Court.

Habeas petition denied for failure to exhaust state remedies by Fed. Judge David Coar and 7^th Circuit Court of Appeals. Judge Coar ruled exhaustion of state remedies WAIVED by State due to ILLEGAL actions of Illinois Appellate Court in impeding appeal by denying four Motions to Compel Court Reporter to produce and file transcripts due to indigency status of defendant, then reversed his decision illegally.

Also Judge Coar violated U.S. Supreme Court rulings in 3 cases [Niersheimer, Regan, and Loftus] and Il Supreme Court ruling in one case [Loftus] which state that there is no appeal of denial of a habeas by the local court in Illinois and that appeals of habeas petition denied in local courts must go directly to U.S. Supreme Court in Illinois.

ARRESTS NOT CONVICTIONS:    COOK COUNTY CIRCUIT COURT

All Wrongful Arrests and All Malicious Prosecutions

In Retaliation for Whistle Blower Activities and Legitimate Complaints

 02 CR 28530-01        720 ILCS 5.0/12-4-B-6  AGG BAT/PEACE OFC                       10/22/02

                                    720 ILCS 5.0/12-4-B-6  AGG BAT/PEACE OFC

                                    Charges Amended                                                                     04/05/04

                                    720 ILCS 5.0/12-3         BATTERY

                                    720 ILCS 5.0/31-1         RESIST PEACE OFFICER

Disp:                Not Guilty, at end of prosecution case in chief, during Bench Trial on 8/23/2005 before

                        Hon. Judge Rhodes, who declared that Dr. Shelton “thoroughly impeached the State’s                              witnesses [two Sheriff Deputies – Doran and Caliendo]” at Markham Courthouse

                       

$10,000 bail and added illegal charge of violation of felony bail for above trespass charge (previous trespass was a misdemeanor class B not subject to a felony charge of bail violation) of $7,500 bail, taken to CCDOC and bonded out of CCDOC.  Total of $1,750 D-Bond (10% cash bond) A separate charge of violation of bail is not allowed on a class B misdemeanor or less. Appropriate increase in bail on the above trespass charge would have been from $1,000 D-Bail to $2,000 D-Bail – NOT new felony violation charge with $7,500 bail. The judge setting bail violated his oath of office by adding the violation of bail charge. Violation of Bail charge is Statute 720 ILCS 5/32‑10 and only applies to felonies and class A misdemeanors.

Pre-Trial incarceration at CCDOC 10/22/02-10/23/02

Circumstance: Unlawful arrest and malicious prosecution when Deputies Doran and Caliendo who violated the ADA and refused to assist Shelton with briefcase on wheels at security entrance to Bridgeview Courthouse. They pushed Shelton causing her to flail her arms and nearly fall, then falsified their records, committed perjury on the stand, committed felony violation of civil rights under color of law, conspired to violate rights under color of law, committed aggravated battery of a handicapped person, and attempted to prosecute Shelton for aggravated battery to an officer – later reduced to simple battery. SA Devine to cover-up their misconduct refused to prosecute the officers for perjury and aggravated battery of a handicapped person, as well as official misconduct in violating the ADA.

_______________________________________________________________________

04 CR 17571-03                     305 ILCS 5.0/8A-3-a     VENDOR FRAUD                   07/14/04

Disp:               Not Guilty by jury verdict 2/24/09

Bail $10,000 I-Bond, bonded out from courthouse at arraignment. Raised excessively to $100,000 composite with battery case (05 CR 12718-01) $10,000 D-Bond (10% cash). Bonded out 5/27/05 after incarcerated 5/13/05 for criminal contempt and judge stayed criminal contempt sentence. Bail raised illegally without notice, without hearing, without counsel, without formal charge for allegedly not showing up at court on 12/8/05, despite court being given notice on 12/7/05 that Shelton had filed habeas petition in federal court and Judge Filip had scheduled hearing on 12/8/05 at same time. Bailed unconstitutionally raised to “No Bond”. IL Appellate Court overturned judge’s orders and reduced bail to $10,000 I-Bond on 12/31/05 after petition by Shelton for review of bail. Judge Pantle again increased bail to $500,000 Bail or $50,000 D-bond (10% cash) on 1/6/06 claiming Shelton had “lied to Appellate court” without notice, without hearing, without counsel, and without formal charge or due process. Il Appellate Court again ordered bail reduced on Petition for review of bail by Shelton. She was released 1/20/06. However IL Appellate Court illegally reduced (actually raised bail from pre-incarceration bail of $100,000 composite to $100,000 independent from 05 CR 12718-01). Bail cannot be raised legally without due process hearing. Increase from $10,000 I-Bond ordered by Appellate Court on 12/31/05 to $100,000 D-Bail independent from other case required due process hearing which was NOT provided by Appeallate court order. Shelton’s family again posted an additional $10,000 D-bond and Shelton released 1/20/06.

Illegally incarcerated 4 times for alleged criminal contempt or without formal charges by Dishonorable Judges Kathleen Pantle and Jorge Alonso – see “petty offenses” on

5/10/05 to 5/27/05, 12/13/05 to 12/31/05, 1/6/06 to 1/20/06, and 4/13/07-4/20/07

Medically neglected, battered and abused during incarcerations. Hospitalization or ER visits required after each release.

Circumstances: See federal suits pending available on PACER website:  Habeas Corpus 08 C 4627 and tort 1:06-CV-04259 both pending and fairly complicated. For more information see Shelton’s website: http://illinoiscorruption.blogspot.com/  – where evidence of government corruption involving police, judges, prosecutors, state and county officials, and corporations is being detailed – after it has been turned over to the U.S. Attorney and FBI

Essentially Shelton prosecuted without prosecutorial authority, in violation of the federal Medicaid Code and the Supremacy Clause, with a legally insufficient indictment, in violation of statute of limitations and speedy trial statutes, in a case of ID theft by two employees/co-owners of the group who were counselors and running a branch office.

These women fabricated patient encounters, sent bills to the billing agents with their names as counselors and the billing agent without knowledge of Shelton or CEO Glass substituted Shelton’s name on instructions from the Medicaid Provider Service Unit (that all bills must be under a doctor’s name) without knowledge of the two women. The billing agent did this because she was ignorant and mistakenly thought that her contract to do billing allowed her to write the doctors names on any form. Billing agent actually forged Shelton’s signature on power of attorney and alternate payee forms.

Bills were sent to Medicaid by billing agent the year before Shelton began working at Right Frame of Mind & Associates and while she was recovering from extensive surgery on her spine for congenital spinal stenosis causing paralysis and dysfunction. Shelton had given corporation her Medicaid number so billing agent could pre-register her so that after she recovered she could work at the group.

Billing agent had committed fraud on the CEO because she held herself out at an expert on billing but really didn’t know well what she was doing. She also has continued to commit Medicaid Fraud for over 10 years because she bills by percentage (8%) which illegally ties her fees to the services of the doctors instead of to her services. (8% of a $50,000 heart surgery procedure is not the same as 8% of a $150 pediatric office visit, when both fees should be the same for processing one bill)

AG Lisa Madigan has participated in this criminal conspiracy to deny mental health care to persons on Medicaid and retaliation against whistle blowers who are mental health service providers including Dr. Maisha Hamilton, Naomi Jennings, Dr. Linda Shelton, and Vernon Glass.

Asst AG John Fearon and MFCU Director Patrick Keenan committed discovery violations and contempt of court by telling witness John Singley of IDPA NOT TO TALK WITH DEFENSE COUNSEL! This is an offense that should make the ARDC revoke John Fearon’s law license as it is forbidden by the attorney code of ethics and the Illinois Supreme Court Rules.

___________________________________________________________________________________

 2005-MC1-092079-01           720 ILCS 5.0/21-5         CRIM TRESP TO ST SUP LAND  01/14/05

Disp:               Dismissed for lack of probable cause on 8/15/06

                        Bail $1,000 I-Bond (personal recognizance)

Held overnight in CPD 1^st Dist Woman’s Lock-up – medically neglected, collapsed in police station and taken to ER, battered in ER police room by police and ignored by ER staff because CPD staff covered up by telling ER staff Shelton was “faking” her medical problems. After return to CPD collapsed, released to ambulance and required treatment at a different ER

Circumstances: Unlawfully arrested and maliciously prosecuted at office of Illinois Medicaid Inspector General in Chicago who invited Shelton to come to office and deliver documents regarding Medicaid vendor fraud case then gave receptionist memo that Shelton was a “danger to the building” in an act of defamation and ordered that they have her arrested for trespass when she showed up.

State agents in Medicaid OIG committed perjury in stating to court that they did not have a copy of the memo. This past year they produced an e-mails where they talk about the memo in discovery on Medicaid vendor fraud case. The e-mail was written Daniel Fitzgerald, Director of Chicago officer of Medicaid OIG. Their attorney Gerstein approved participated. Medicaid OIG acting director Wyona Johnson directed her staff to prevent ANY calls from Dr. Shelton from reaching her and to inhibit any attempt by Dr. Shelton to make a meeting to discuss the issues or to do anything but submit “evidence” of her innocence and reason to release “withhold” of funds owed the practice she worked for in writing. She and Dan Fitzgerald instructed staff to prevent Dr. Shelton from bringing to their offices 54 patient charts that  proved her innocence. This was condoned by AAG John Fearon, Patrick Keenan, and Derrick Moscardelli, (chief of the bureau of internal affairs) along with John Singley (fraud and abuse investigator Medicaid OIG).

____________________________________________________________________________________

2006-MC1-221401-01            720 ILCS 5.0/26-1-a-1     DISORDERLY CONDUCT   03/03/06

                                    720 ILCS 5.0/12-3-A-1    BATTERY                                         03/04/06

                                    720 ILCS 5.0/21-3-a-3      CRIMINAL TRESPASS TO REAL PROPERTY     

Disp:               DISORDERLY CONDUCT charge SOL on 4/14/2006

                        BATTERY Nolle Prosequi 12/7/07

                        Bail:      $1,000 I-Bail (personal recognizance)

Held overnight at CPD 1^st Dist Woman’s Lock-up where officers assumed because of previous defamation and lies by their senior officers that Shelton always fakes her medical problems. Battered by lock up aid, Shell, when upon release Shelton tried to take her medication when it was returned to her. Documented by ER staff when Shelton taken to ER after beating. Medically neglected and when released had difficulty standing and no transportation – just thrown out in the cold, despite disability and condition at about 2 a.m. in inner city neighborhood. Officers when they found Shelton sitting on sidewalk next to police station in cold having difficulty because of medical condition then took Shelton to NMH ER claiming she was trying to take an overdose in order to harass her and cover-up their misconduct.

Circumstances: Unlawfully arrested and maliciously prosecuted when Shelton attempted to read transcript at office of Clerk of Administrative Law Court at Thompson Center Office of IDFPR.

Unlawfully re-arrested and maliciously prosecuted for battery of lock-up aide at CPD 1^st Dist lock-up when CPD Aide Shell battered Shelton when Shelton was released and still in station at time Shelton –up attempted to take her medication from her medical bag that had been returned to her. Lock Aid falsely claimed Shelton kicked her at this time. Shelton claimed she went into a flashback after being battered by Shell and doesn’t remember this – but if she did it was in self-defense.

Initial interference with review of transcripts and arrest directed by Adm Law Judge Fox, now chief of all employees at IDFPR, and George Jones, former FBI agent and now chief of investigations for IDFPR. This revealed bias by ALJ Fox which should have made him recuse himself.

____________________________________________________________________________

2007-MC1-272967-01            720 ILCS 5.0/21-5-a      CRIM TRESP TO ST SUP LAND  06/28/07

                                    720 ILCS 5.0/12-3-a-2   BATTERY

                                    720 ILCS 5.0/31-1-a      RESIST PEACE OFFICER

Disp:               Nolle prosequi on 12/7/07

                        Bail $1,000 I-Bond, bonded out from Sheriff’s Lock-up (personal recognizance)

                        Arresting Agency:  Cook County Sheriff Courtroom Services

Circumstances: Unlawfully arrested and maliciously prosecuted by a Cook County Sheriff Courtroom Deputy Robinson for refusing to leave the Daley Center and trying to go to the library on the 29^th floor after leaving the courtroom of Judge Epstein who had committed gross misconduct against Shelton and ordered her to leave the building after she had left his courtroom in retaliation for her annoying him and pointing out his misconduct (she didn’t hear the order herself and Judge Epstein has no jurisdiction over the building outside his courtroom). Deputy grabbed Shelton as she was trying to enter an elevator and told her to leave the building (without saying she was under arrest). Shelton tried to push his hand off of her arm feebly with her hand and say stop assaulting me – he then arrested her for battery.

____________________________________________________________________________________

2007-MC1-206817-01            720 ILCS 5.0/21-5-a      CRIM TRESP TO ST SUP LAND  10/10/07

                                   

Disp:               Nolle prosequi on 12/  /07

                        Bail excessive at $25,000 – paid $2,500 (10 % cash)

Immediately incarcerated at CCDOC, bail revoked on battery conviction where Shelton was awaiting sentencing.

Arresting Agency:  Cook County Sheriff Courtroom Services

Circumstances: Shelton successfully came through security at 555 W Harrison courthouse to go to clerk’s office to pick up paper (shown on video surveillance). Unlawfully arrested and maliciously prosecuted for “failing to go through security” when deputies in retaliation for previous suits against their friends falsified their records and arrested Shelton. Deputy right committed perjury on the stand stating that the Magnetometer beeped when Shelton passed through it. Video proves this didn’t happen as lights that flash when magnetometer beeped clearly did not flash.  Judge Petreone and other judges (Judge Joseph Kazmierski and Illinois Appellate Court) in acts of misconduct refused to this day to look at the videotape proving officers committed perjury.

2009-MC1-223774-01            720 ILCS 5.0/21-3A-2   CRIM TRES TO REAL PROPERTY   4/1/09

                                    720 ILCS 5.0/26-1-A-1  DISORDERLY CONDUCT

                                    720 ilcs 5.0/31-1(A)       RESISTING A PEACE OFFICER                   

Disp:               Nolle Pros 12/6/12

                        Bail      $1,000 D-Bond-paid $100 (10 % cash)

                                     Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant

                                     J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $5,000 I-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

                        Arresting Agency: Cook County Sheriff, complainant A/C Nolan badge 202

Circumstances: Shelton tried to present a petition for indigency status to have service fees waived by the Sheriff to Judge Budzinski at the first hearing on a lawsuit Shelton has against an emergency room doctor., 2008 L 013288. Judge Budzinski refused to hear it, although she had the power to do so, instead transferring it to presiding law division Judge Maddux instanter, stating Judge Maddux had a “rule” that he hear all indigency petitions.  She refused to produce the rule. Shelton later received a copy of the “rule” (appended to this document) form Clerk Brown’s Chief Deputy Clerk, Mr. McNamara. However the rule only applies to NEW filings, not complaints that have previously been filed, as was the situation in Shelton’s suit.

Shelton went to courtroom of presiding law division judge, Judge William Maddux, with a petition to sue as an indigent person and to have fees waived.  Judge Maddux ordered the Circuit Court Assistant Clerk to violate statutes that require the Clerk to “promptly” provide the litigant with the order form the judge granting or denying the indigency petition. It is common practice in every courtroom for the Clerk to immediately, in the courtroom, give all attorneys or pro se counsel on a case, a copy of any orders signed by the judge. Instead Judge Maddux ordered the Assistant Clerk to carry the orders to the Clerk’s law division office on the 8^th Floor of the Daley Center and specifically NOT to give the litigant a copy of the order in the courtroom and NOT to inform the litigant of the disposition of the order. The litigant then has to go down to the 8^th floor law division office and ask the clerk there for a copy of the order. Days later Shelton went to a supervising assistant clerk in the law division office and the clerk insisted that Shelton “pay” for a copy of the order.

This is a direct violation of statute and is also a violation of the U.S. Constitution’s due process and equal protection clauses as the United States Supreme Court has ruled in Griffin v. Illinois, 351 U.S. 12, 19 (1956), that when a court procedure is written into the statutes of a state, this invokes due process rights under the Constitution. Therefore, it is a violation of equal protection and due process to make a pro se counsel pay for an order outside of the courtroom and give an order free to a private attorney or state attorney in the courtroom. This is a violation of Clerk Dorothy Brown’s oath of office. It is a criminal act of aiding and abetting a felony civil rights violation for the Sheriff to refuse to enforce the law that the litigant must be “promptly” given a copy of the order.

Shelton requested the Sheriff deputies in the courtroom to stop the clerk from going down to the 8^th floor and to order them to follow the law (statute 735 ILCS 5/5-105 “The clerk of the court shall promptly mail or deliver a copy of the order [application for indigency status – order] to the applicant”). The deputies refused. Shelton went to Sheriff Dart’s office, room 704 Daley Center and sat on a chair in the public lobby area of the office. She asked the secretary Lynn to ask for the Sheriff’s counsel to intervene. Mr. Kaufman said he would not intervene. Shelton then was harassed by Sheriff staff including Asst. Chief Sheriff Nolan, in charge of the courtroom services in the Daley Center, who also refused to recover Shelton’s documents (including her personal court file on the case – she had previously filed the complaint and had a date stamped copy that she had lent to Judge Maddux to review when considering her indigency petition – the Asst. Clerk had also illegally taken  possession of this document and refused to return it when asked – this was a “theft”).

Therefore, Shelton called the Chicago Police and when they arrived asked them to take a complaint of theft and to go to the 8^th floor and recover her documents (personal court file and her copy of order from Judge Maddux). They at first listened and then when A/C Nolan took them out in the hall, they came and said they would not intervene because that was court procedure. The CPD and A/C Nolan refused to produce any document stating this was “court procedure.”

Shelton then called Dorothy Brown’s office and spoke to her attorney in the office, Phillipe Akem, and asked her to intervene and recover my file and the order.  refused. Then A/C Nolan arrested me when I said I was staying in the lobby of the office until the Sheriff or the Chicago Police, or the Clerk’s staff recover my court file and the order, give it to me, and take a criminal complaint against the Clerk’s staff for theft of my court file and obstruction of justice. Without the order and file-stamped copy of Shelton’s complaint to make copies of, Shelton was unable to serve the Defendants as the Sheriff’s staff refused to waive service fees without a copy of the order.

It is illegal for the Sheriff to arrest Shelton when she was in the public area of this office during normal business hours, quietly sitting on a chair, simply responding to their assault of her and exercising her right to have my Constitutional rights enforced, with legitimate business that HE was supposed to perform. It was illegal to arrest me in order to cover-up his criminal conduct of aiding and abetting violation of law and Constitutional rights (illegal penalty on the exercise of Constitutional rights).  There was absolutely no probable cause for an arrest. This was also harassment of a federal witness as I have suits against Sheriff staff for excessive force, unlawful arrest, and malicious prosecution (two filed and several in preparation), and  I have reported a long series of misconduct by Sheriff staff similar to this to the FBI. This is also official misconduct by the Sheriff staff, harassment, and obstruction of justice.

Several weeks later I went to Clerk Dorothy Brown’s office and one of her attorneys went down to the 8^th floor law division office with me and despite the assistant clerk insisting I pay for copies of the records, she personally copied my file and the order and handed them to me without charge.  Dorothy Brown and Chief Judge Timothy Evans have been fully informed of this matter and have none NOTHING to correct the errors of their staff or the unlawfulness of this arrest.

For more details see the Motion for Supervisory Order filed with the Illinois Supreme Court, asking them to enforce the law and order the Clerk to give litigants copies of orders without charge, promptly in the courtroom, and to order Judge Maddux to cease and desist his violation of law – they illegally denied this motion and therefore the only option is to take it for certiorari with the United States Supreme Court or to request an injunction from the Federal District Court, in order to enforce the law.

On 5/29/12 instead of going to court, because I was ordered to have a trial after Judge Chiampas illegally ordered stricken my motion to dismiss for a speedy trial violation, motions to compel witnesses to comply with subpoenas, motion to comply with ADA,  and motion for substitution of judge for cause with PREJUDICE, while ordering that she would not allow any more continuances and that there would be a trial on 5/29/12,  ensuring an unfair unconstitutional trial, I went to the Canadian consulate (I am a Canadian citizen) and asked for their protection and they agreed to write letters to officials for an investigation if the laws of the United States are being followed in my case, which they are not, and so I would have time to write petitions for writ of habeas corpus and file them as soon as I am in custody. Of course the judge struck the motion for substitution of judge I asked him to file for me on 5/29/12, an act of judicial misconduct and she issued arrest warrants.

 2009-MC1-123821-01           720 ILCS 5.0/2105        CRIM TRES TO STATE PROPERTY  5/13/09

                                    720 ILCS 5.0/26-1-A-1  DISORDERLY CONDUCT

                                    720 ILCS 5.0/31-1(A)    RESISTING A PEACE OFFICER                   

Disp:               Nolle Pros 12/6/12

                        Bail:      $1,000 I-Bond (personal recognizance bond)

                                     Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant

                                     J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $5,000 I-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

                        Arresting Agency: Cook County Sheriff , complainant Sgt. Jennifer Griffith badge 1048

Circumstances:  Virtually identical to above, except instead of going to Sheriff Dart’s office, Shelton sat on bench outside of Judge Maddux’s courtroom after Deputies refused to recover order illegally not given to Shelton in courtroom and instead taken down to 8^th floor law division clerk’s office. Case number was a filed different suit 2008 L 013289. Again I called Chicago Police and they came and refused to recover Shelton’s documents. Again A/C Nolan illegally arrested Shelton. There was no resisting. Shelton could not walk and sat in hall because she was beginning an asthma attack and didn’t feel well. A short while later an ambulance had to be called to the lock-up due to the asthma attack. Refusing to walk was NOT resisting arrest.

Again it is unlawful for a Sheriff deputy to refuse to enforce the law and then to cover up their misconduct with an unlawful arrest. This is also official misconduct, violation of civil rights under color of law, and an illegal penalty on the exercise of Constitutional rights, as well as unlawful arrest and malicious prosecution.

 2009- MC1-258392   720 ILCS 5.0/2105        CRIM TRES TO STATE PROPERTY  7/6/09

                                    720 ILCS 5.0/26-1-A-1  DISORDERLY CONDUCT

                                    720 ILCS 5.0/31-1         RESISTING A PEACE OFFICER

                                    720 ILCS 5.0/12-1(a)     ASSAULT

Disp:               Nolle Pros 12/6/12

                        Bail:      $1,000 D-Bail – paid $100 (10 % cash)

                                     Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant                                                           J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $5,000 I-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

                        Arresting Agency: Cook County Sheriff, complainant D/S Angela Dodson badge 1196

Circumstances:  Shelton went to the Daley Center to deliver complaints for Supervisory Orders from the Illinois Supreme Court (process) to several judges and Dorothy Brown per Illinois Supreme Court Rules which require that Petitioner serve the Respondents. At the entrance after successfully passing through security D/S Dodson assaulted Shelton by grabbing her walker and stating that she had to wait for an armed escort as she was on a “list” of persons who could not be in the building without an escort. She claimed that Shelton was in the “book”.  Shelton stated to cease and desist the assault and that there was no legal “book” and that she didn’t have to be escorted, there was no judicial order requiring such nonsense and that the deputy was violating the law, especially as Shelton was serving official process and therefore the Deputy was committing the crime of interference with a process server. 720 ILCS 5/31‑3, “Obstructing Service of Process”

Both senior Sheriff staff and the office of Chief Judge Evans have signed affidavits that there is no “book” or other list of persons not allowed in the Daley Center without an escort. This is fantasy made up by A/C Nolan and his senior staff and used for several months to purposely harass Shelton every time she came in the Daley Center. There was absolutely no legal reason to “escort” or tail Shelton while she was in the Daley Center. This also amounts to per se defamation of Shelton’s character.

Shelton was then unlawfully arrested for the above allegations, all of which are bogus. Again the Sheriff staff committed crimes including official misconduct, assault and battery of Shelton, interference with service of process., falsification of records, felony violation of civil rights, and an illegal penalty on the exercise of Constitutional rights.

Sgt. Griffin badge 1048 made false allegations of “assault” when Shelton, because Sgt. Griffin is constantly harassing and making false allegations against pro se litigants including Robert More and Shelton, said that she was going to “kick your ass in federal court when I sue you for civil rights violations!”.  Sgt. Griffin falsified her records and wrote that Shelton threatened to physically harm her. This is beyond silly as Shelton is a weak disabled woman who uses a walker and has spinal cord injuries with a partial right hemiparesis and congenitally weak arms, while Sgt. Griffin is a stout, strong, and large woman, who is clearly younger than Shelton. Sgt. Griffin is a bully and uses her police powers illegally to harass and falsely arrest those she doesn’t like.

2009-MC1-260540     720 ILCS 5.0/21-5(a)     TRESPASS TO STATE SUPP PROPERTY  8/7/09

Disp:               Nolle Pros 12/6/12

                        Bail:      $1,000 I-Bail (personal recognizance bond)

                Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant

                                     J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $5,000 I-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

    

           Arresting Agency: Cook County Sheriff, Complainant - Cook County Supervising Asst.

Clerk Gloria Legette Criminal Clerk at 2650 S. California, 5^th Floor

Circumstances: Shelton had ordered the record on appeal to be prepared from the clerk’s office and came to the clerk’s office to pick up the record. This was for the vendor fraud case above for which Shelton was acquitted.

Shelton had filed a notice of appeal that she was appealing the pre-trial order denying her motion for dismissal due to lack of jurisdiction of the court on the grounds the vendor fraud case had an insufficient indictment, the Illinois Attorney General had no legal authority to prosecute this type of crime per law, and that there was no charge stated as the alleged act was legal per the United States Medicaid Code and the supremacy clause of the Constitution. The United States Supreme Court on four cases had previously ruled that an appeal can proceed in a case where there has been an acquittal if there was still a justiciable issue and if the double jeopardy clause would not be invoked. That is the case in this instance.

Clerk Brown had illegally, in violation of statute and her oath of office refused to transmit the notice of appeal to the Illinois Appellate Court so Shelton hand delivered a file stamped copy to the Illinois Appellate Court three weeks later.

The Illinois Appellate Court had illegally dismissed the appeal based on a few sentence motion from the State Appellate Defender that had been illegally appointed by the Illinois Appellate Clerk over Shelton’s objection as she was representing herself pro se. The SAD claimed a case where there was an acquittal could not be appealed. This is a violation of United States Supreme Court holdings and therefore a violation of due process.

Shelton was told that since there “no longer was a case” she had to pay $200+ dollars for the record on appeal even though Shelton was declared indigent by the court. Shelton objected and insisted on talking to the supervisor, Ms. Legette who wouldn’t budge on this issue. Shelton had a legal right to appeal the dismissal to the Illinois Supreme Court and then the United States Supreme Court. She obviously needed the record on appeal to appeal. Again this was a denial of Shelton’s due process rights.

Shelton sat on the benches in the public area of the office and called Dorothy Brown’s office to speak to her attorney to try to resolve the issue and obtain due process. Ms. Legette called the Sheriff’s office and had them tell Shelton to leave.  Shelton was not interrupting anyone, but just had insisted on her constitutional rights as held by the United States Supreme Court, who had previously decided that indigent defendants have a right to waiver of fees in preparing records for appeal and transcripts.

Sheriff deputies came and told Shelton she had to leave and Shelton said she had business in the office so they arrested her illegally for trespass.

The Sheriff staff and Clerk violated their oaths of office, committed official misconduct, interfered with Shelton’s exercise of her Constitutional rights, conspired to violated Shelton’s Constitutional rights, assaulted Shelton, committed felony violation of civil rights under color of law, unlawfully arrested her and are maliciously prosecuting her.

 2009-MC1-261096-01                       720 ILCS 5.0/26-1-A-1  DISORDERLY CONDUCT     8/31/09

Disp:               Nolle Pros 12/6/12

                        Bail:      $1,000 I-Bail (personal recognizance bond)

                                     Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant

                                     J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $5,000 I-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

                        Arresting Agency:         Cook County Sheriff, complainant Inv. Cynthia Sofus badge 547

Circumstances: Shelton went to the jail to pick up the property of inmate MH who was being transferred out at the request of the Social Worker Robinson and MH. Shelton had called the Sheriff’s office , the legal office, and the Executive Directors office and asked for an escort so she would not be falsely assaulted by staff and they all said there would be no problem picking up an inmate’s property from Division 3 during visiting hours. Shelton went to the jail on 8/27/09 and picked up half of the property (several paper bags of papers). She told them she would return in a few days for the rest of the property.

When Shelton returned on 8/31/09 she was assaulted by Lt. Prescott in Div. 3 who stated she could not pick up anything in Div 3 and who wouldn’t listen that Social Worker Robinson, etc., had arranged it and the pick-up was approved by all higher offices. Shelton was assaulted and battered by a number of deputies and told she couldn’t pick up the property. Shelton went into a syncopal episode due to her medical problems and an ambulance was called, but Shelton had recovered in the ambulance and declined treatment. When she tried to re-enter to pick up the property she was arrested. Inv. Sofus made a false report stating that there was no property to pick up.  Prof. Coyne of the Kent School of law, assigned to represent MH after Shelton filed a habeas petition on behalf of MH came and picked up the remaining property a few weeks later, proving that Inv. Sofus LIED.

Again this was official misconduct in filing a  false arrest report, unlawful arrest, malicious prosecution, and assault on Shelton. This denied MH and Shelton the Constitutional right of equal protection as other inmates are allowed to have their property picked up. Also Prof. Coyne was allowed to pick up the property and later turn it over to Shelton. Sheriff staff cannot refuse to allow a person to do something legal that another person is allowed to do. This is also harassment of a federal witness (Shelton against Sheriff staff) as well as violation of rules of the jail.

2009-MC5-008136-01            720 ILCS 5.0/12-3         BATTERY                               10/21/09

 Disp:              Nolle Prosequi

                        Bail:      Excessive $50,000 D-Bail - $5,000 paid (10% cash)

                                    [Misdemeanor bail is generally $1,000, unless serious prior convictions where it

might go up to several thousand]

                        Arresting Agency:  Cook County Sheriff Courtroom Services (officers who are friends of

Deputies Doran and Caliendo who committed perjury in case above and Sgt. McCollum who participated in above arrest where these deputies committed perjury.

Circumstances:  Shelton was in courtroom of Judge Hyland and Bridgeview courthouse where she was defending a fraudulent trespass charge. Shelton was representing herself pro se and therefore had the right to speak up like an attorney. Judge Hyland may a statement that was an error of law and Shelton spoke up politely to provide a correction. Judge Hyland had a temper-tantrum and yelled at Shelton for speaking up (actually an assault by the judge on Shelton because she threatened to arrest her for contempt if she spoke and Shelton had a legal right as pro se counsel to object to false statements in the court) and then through her out of the courtroom.

When called back in Shelton held up a copy of a statute proving Judge Hyland had made a legal error and that Shelton’s statement correcting it was in fact legally correct. Deputy Norris then grabbed Shelton’s arm in an assault and apparent attempt to shut up Shelton. Shelton loudly stated “Stop assaulting me” and the Judge again had a temper-tantrum yelling at Shelton. Deputy Stanislawski then placed himself in front of Shelton’s walker bumping into it and falsely accused Shelton of ramming him with her walker. He said: “If you are charging her [Deputy Norris] with assault, I’m charging you with battery.” Then Shelton was arrested for battery.

When Shelton was in the lock-up she suffered an episode of choking, which caused respiratory distress and a brief inability to talk. The Sheriff staff called an ambulance and in an act of defamation told the paramedics that Shelton was a mental case. The paramedics abused Shelton along with the Sheriff staff and this caused Shelton to go into a flashback (she suffers from PTSD due to previous attack on her by Sgt. Salemi and becomes briefly out of touch with reality and flails her arm trying to protect herself from Salemi’s blows thinking she is being suffocated again – she also crys and cowers, she is a danger to no one in this condition because her arms are weak and she is not able to defend herself). The paramedics took Shelton to Palos ER where the doctor and nurses committed medical battery by immediately injecting her with an overdose of sedatives (to which Shelton is known to have adverse reactions) without checking into her medical history or allergies (medical papers were in her briefcase as always and her father and doctors were available by phone). They held her in the ER for 22 hrs repeatedly injecting her with these drugs producing adverse effects of confusion and agitation and terror (from repeatededly inducing the flashbacks).

Judge Feerick illegally held a bond hearing while Shelton was in the ER and based on fraudulent statements from the Asst. States Attorney that Shelton was a mental case with a history of violence and four bail forfeitures she set a high and unreasonable bail.  There are no bail forfeitures.

Shelton recently did an audit of over 35 criminal records in the Clerk’s office and found an error rate of about 37% regarding disposition reported to the Illinois State Police Criminal Database. Therefore, the rap sheets that he States Attorney uses to tell the judges prior history are totally unreliable as illustrated by the fact Shelton has NO bail forfeitures and the rap sheet says there are four. Four times Shelton was in hospital or the Sheriff failed to take her to a court hearing resulting in a warrant and preliminary order for bail forfeiture. All warrants and forfeitures were quashed but the Cook County Circuit Court Clerk failed to inform the ISP, as they are required by law, that the bail forfeitures had been quashed.

 11 MC1 241978-01                   720 ILCS 5/12-3-A-2     Battery simple                                       8/23/11

                                                720 ILCS 5/31-1-A        Resist/Obstruct Peace Ofc       

                                                720 ILCS 5/21-5            Crim Trespass to State Supp Land

                                                720 ILCS 5/12-3-A-2     Battery simple

                                                720 ILCS 5/26-1-A-1     Disorderly conduct

Disp:                 Guilty by void jury trial by Judge Chiampas with no jurisdiction due to

                        Violation notice, speedy trial, SOJ statutes, ADA laws, compulsory process as well

                        as violation of Suspension Clause and 735 ILCS article X for failure to hear petition

                        for writ of habeas corpus due to legally insufficient complaints and perjury by

                        complainants 12/6/12 sentenced to 48 days jail (time served)

                        Bail:       $1000 D Bond

                                     Increased to $30,000 D-Bond on 10/3/11 and arrested by Oak Lawn Police

                                     Increased to $25,000 D Bond on 3/21/12 arrested by Cook County Sheriff and

                                     jailed for 5 days, quashed 3/26/12

                                     Arrested by Oak Lawn Police on 4/3/12 on invalid recalled warrant

                                     J. Chiampas refused to hold Oak Lawn Police in contempt for

                                     Disobeying her order quashing warrants

                                     Increased to $5,000 D Bond on 5/29/12

                                     Decreased to $$30,000 D-Bond on 6/26/12

                                     Increased to $100,000 D-Bond on 11/27/12

Circumstances:  Went as courier to divorce court to deliver an envelope that said “emergency letter to court from plaintiff due to accident at work and hospitalization. A party to the case was hospitalized and asked me to inform the judge he would not be in court by delivering this envelope.  During court I went up to the clerk and quietly handed him the envelope. The court clerk, while the judge was on the bench handling a case, threw the envelope on the floor in front of the bench.  I, disabled and using a walker, picked it up and handed it back to the clerk. He threw it on the floor again and I picked it up again.  The judge then said to the deputies to throw me out of the courtroom and a deputy grabbed me. I then spoke up and said “Mr B asked me to inform you with this letter that he fell at work and is hospitalized, possibly with a broken spine, so he wants a continuance. The conduct of this court is outrageous.

Out in the hall the deputies insisted that I leave the building.  A deputy sheriff, S Ateca, grabbed my walker and wouldn’t let me move.  I said you have no right to do that.  I did not disturb anyone or violate the law and I have to go to the law library. I said OK I’ll follow you downstairs. She walked in front of my walker and another deputy walked behind me.  I accidentally bumped her with my walker wheel as she was walking too close to my walker and I am a bit unsteady and tremulous due to my neurological condition.  On the 1^st floor we were met by a half dozen deputies and a sergeant.  I said that they had no right to limit my use of public access to the Cook Count law library.  The Sgt then told them to let me go to the library.  However, they kept escorting me.  I decided this was harassment and that I would go to the Sheriff’s office on the 7^th floor and make a complaint.  When I stopped the elevator there, the deputies said no, you can only go to the law library, which was an assault on me.  I got off the elevator and walked to the Sheriff’s office but they ran ahead of me and two deputies stood in the doorway of the double glass door that was half open and wouldn’t let me in.  A dozen or more deputies then crowded around me.  I was forced to stand still.  My medical condition (severe neurocardiogenic syncope) does not let me stand still or I pass out and can even go into cardiac arrest.  I told them they were assaulting me and had no right to order me to leave the building and I wasn’t leaving until they let me into the Sheriff’s office to make a complaint. Then as I began to pass out they said I was under arrest for trespass and a large officer picked me up and carried me to the lock-up.  See the following for description of why I get PTSD flashbacks.

In the lock-up Deputy Sheriff Ataca and her colleagues fabricated false charges against me for battery for accidentally bumping into her with my walker while she was walking in front of me, disorderly conduct for not leaving the building, trespassing and resisting arrest (do you see a pattern yet!!!!)

REASON I SUFFER FROM POST-TRAUMATIC-STRESS DISORDER REVOLVES AROUND SEVERAL EPISODES OF BATTERY OF ME BY POLICE AND MEDICAL BATTERY BY SOME INCOMPETENT AND NASTY DOCTORS WHO ACT WTIHOUT THINKING BELIEVING WHATEVER A CORRUPT OFFICER SAYS:

I also have post-traumatic-stress disorder due to several times when the deputies in the jail and Chicago police heavily battered me (Correctional officers Levy, Connally, and Ruiz held me on the floor and kicked me with their boots, Sgt. Anthony Salemi sent away the female officer and in my cell in the jail grabbed me by the neck in my wheelchair, stumbled as the chair lurched backwards with the force of him lunging at me, then he flipped me out of the armless chair while ripping the chair out from under me, onto the floor, falsified his records and said I attacked him by “bumping” him with the wheelchair, charged me with felony battery of an officer, committed perjury, and I was convicted and sent to prison with a 2-yr sentence, Chicago Police officer in the police office at then Michael Reese Hospital handcuffed me and shackled me to the feet of a desk then got on the floor and pummeled me with his fist all about the body, Chicago Police officers when they were letting me go and gave me my possessions in the police station and I tried to take my mediations that they had been withholding from me while in the lock-up on an above false charge, allowed lock-up aid Shell to batter me and grabbed me and arrested me again for batterying her – which I did not do – charges later dropped,  officers have several times under illegal orders of corrupt doctors including Dr. David Carrington at Cook County Jail and Dr.Daniel Girzadas Jr at Christ Hosp ER to inject me with psychotropic drugs without investigating the truth of officers’ false statements that I was ranting and crazy  in violation of the Illinois Mental Health and Developmental Disabilities Act,  - at Christ Hospital upon being tied to the stretcher in 4-pt restraints by the guard and illegally forcibly injected against my will with Haldol and Ativan after I had been given 10 mg Valium to sedate me for an MRI, despite my warning that this was contra-indicated because of my respiratory condition [I said to Dr. Girzadas “if you inject me I may die”] I went into respiratory arrest and had to be brought back with an emergency IV placement and drugs – this produced the initial PTSD because I really thought he was killing me and was frightened out of my mind  - each episode of tying me down and illegally injecting me or battering me exacerbated this attack on me by Dr. Girzadas Jr – Christ hospital kicked me off of the staff when I asked for an investigation and discipline against Dr. Girzadas Jr. , because his father, Dr. Girzadas Sr was a board member at Advocate Christ hospital and they were protecting Girzadas. – now I am extremely claustrophobic and go into flashbacks crying and saying don’t hit me and cowering in corners or under tables, not knowing where I am, when restrained and in back of police vehicles that are very tight or in small rooms with no windows or when tied down [always illegally in order to inject me and shut me up from complaining loudly or asking for a complaint form or supervisor]. I saw a psychiatrist for a year, Dr. Robert Galatzer-Levy for treatment of PTSD and he told me that I talk loudly and get verbally defensive just before I go into a flashback.

05 CR 22504                  720 ILCS 5.0/12-4-B-6  AGG BAT/PEACE OFC                      11/27/12

Disp:               Pending                      

                        $150,000 bail, bonded out from CCDOC 12/23/12 with $15,000 D-Bond  (10% cash)

                        Bail unlawfully and unconstitutionally raised to “no bail” by Judge Dianne Cannon on

                                     3/15/13 due to arrest on fraudulent charge 13 DV 50121

                        Despite 13 DV 50121 being dismissed on 7/31/13, Shelton was kept on illegal no bail

                                     until 1/21/14, when Judge Reddick decided no bail was not legal

                        Bail unlawfully increased from original bail – where it was automatically as of 7/31/13 as

                                     the case 13 DV 50121 was dismissed and therefore the violation of bail became

                                     void, (decreased from no bail) to $300,000 on 1/21/14, bonded out by paying

                                     additional $15,000 on 3/27/14

Incarcerated 03/15/13 to 3/27/14 at CCDOC

Circumstances: Unlawful arrest and malicious prosecution for battery of correctional officer – in fact I had a court disability coordinator agreement that the Sheriff staff would NOT trigger a PTSD flashback and if they did, then they would “back-off” until it passed. Judge Chiampas in 11 MC1 241978-01 purposely violated this and caused/ordered the sheriff staff to essentially trigger a flashback and then they arrested me for “touching an officer’s ear and pulling her hair” [during a flashback] and can ask for a sentence, if convicted, of 3-14 years in prison. IL Constitution Article I Section 9 forbids no bail orders unless charged with murder or in a due process hearing the defendant is found too dangerous to release!

In case Tennessee v. Lane, 2004, the U.S. Supreme Court ruled that Mr. Lane could sue the state of Tennessee for violating the ADA and arresting him for failure to appear in court, as he was paraplegic and the courthouse had no elevator, his case was on the 2^nd floor, and the judge charged him with failure to appear because he refused to crawl up the courthouse steps to get to the courtroom. Lower court rulings in that case essentially found that the charge was not legal as it was caused by the state violating the Americans with Disabilities Act.

The charge against Shelton is also illegal as it violated the ADA triggered agreement between Shelton and the Court Disability Coordinator, Millissa Pacelli..

13 V 22504                    720 ILCS 5/12-3.2 Domestic Battery                                         02/05/13

DISP:               Nolle Prosequi on 7/31/13

                        $5,000 bail, posted $500 bond and released at night

Arresting Agency:  Oak Lawn Police without presence of Cook County Sheriff

Circumstances: Alice Dale,  Shelton’s sister with borderline personality disorder – with multiple psychiatric hospitalizations and suicidal gestures used in manipulation, as well as severe depression and shared episodes of psychotic paranoia with brother, Donald Lorincz – who has untreated bipolar disorder, shared paranoid psychosis with Dale, forged a Trust document on father, Allan L. Lorincz’s, MD death bed while Shelton was unlawfully jailed (I lived with my father, merged my household with his and cared for him as he was dying for years) changing the trustee from Shelton to Dale, changed the property going into a trust that allows Shelton to live in it rent-free for life (from the house they shared to a 3^rd floor walk-up condo that is difficult for Shelton to live in as she is multiply physically disabled with severe balance problems), ransacked the house and stole many of Shelton’s possession, as well as passport, bank records, work product, and other personal records, committed fraud on the court and evicted Shelton illegally while jailed 9 days before the eviction case was DISMISSED – the police and court are unlawfully refusing to assist Shelton and take a criminal complaint or hear a complaint for  contempt of court, etc.

The complaint for domestic battery was nolle pros’d on 7/31/13 which means dismissed and reverts to the situation to that BEFORE THE ARREST.

Alice Dale on 2/5/13 told the Oak Lawn Police that she was owner of the house at 9905 S Kilbourn in Oak Lawn, IL and had an order of possession (she obtained a fraudulent order of possession by false statements to the court, but the OOP was legally on hold as I had timely filed a motion to dismiss the eviction case, which automatically places the order on hold. The law says that ONLY the Sheriff and NOT municipal police may evict a person or break into a house on a CIVIL matter. The Sheriff was not present. Therefore, when Dale had Lorincz and a locksmith under watchful eye of OL Police break in while Shelton was out, they committed the criminal acts of unlawful lock-out, breaking and entering, trespass, damage to property, etc.

When Shelton arrived, her key did not work so she broke a back door window and reached in to open the door (her med for chronic intractable pain and vertigo were due at that time also so it was important that she enter) and Lorincz grabbed her hand (the one with a chronic painful neuropathy) so Shelton pushed her can handle against him to try to get him away from the door and her hand. Then Don Lorincz laughed and asked the police to arrest Shelton which they did for domestic battery. As the police and Lorincz were the offenders and the Sheriff was not present, the charge was void as fraudulent, as well as it is an affirmative defense if one defends oneself or one’s property against an intruder. Lorincz had been removed from the property for assaulting Shelton in the presence of their father, in 2006, and Shelton had told him not to enter or it was trespass.

Lorincz had not lived there for more than 30 years and was not trustee and had no legal right to be on the property.

Shelton had posted the order from the court continuing her motion to dismiss the eviction case on the window so that the Sheriff would not enforce the OOP but the Oak Lawn Police illegally ignored that order. Therefore, this was an unlawful arrest and malicious prosecution.

Petty Offenses:                       Cook County Circuit Court

 03 MC5 002031-01       Municipal ordinance violation - disorderly conduct                        3/4/03

Disp:                 Nolle Prosequi

Circumstances:  Unlawfully arrested and maliciously prosecuted for coming to Clerk’s office at Bridgeview courthouse and filing and trying to file a pleading as a pro se defendant after Chief of deputies in the building had illegally told Shelton she could not come to the building except to the courtroom.

 No case number                       Alleged violation of bail with no formal charge                             5/13/05

Disp:                 No formal charge ever written so jailed illegally. Bail order of “No Bond”

overturned by Illinois Appellate Court on 12/31/-05 to $10,000 I-Bond and immediately released from  CCDOC.

Medically neglected, battered and abused at CCDOC. Ill when released but able to self treat at home.

Circumstances: Judge illegally and unethically issued arrest warrant 12/8/05 when Shelton did not appear in court after Shelton on 12/7/05 had informed court in writing that she had a hearing in federal court and would be late on 12/8/05. Shelton called co-defendant’s on 12/8/05 after federal hearing and co-defendant told her that judge had failed to appear so they had re-scheduled hearing for 1/19/06. Judge came several hours late to court and despite agreement from co-defendant’s attorney and prosecutor to continue hearing to 1/19/06 and despite written notice of federal hearing, judge issued arrest warrant. and on 12/13/05 refused to vacate it and ordered Shelton held on “No Bond” without notice, counsel, hearing, or formal charge in violation of her oath of office and constitutional due process rights.

No case number                        Alleged violation of bail with no formal charge                             1/6/06

Disp:                 No formal charge ever written so jailed illegally. Bail order of $500,000

overturned by Illinois Appellate Court on 1/20/06 to $100,000 bail separate from battery case and immediately released from CCDOC when bond paid.

Medically neglected, battered and abused at CCDOC. Immediately taken by person picking up Shelton from jail to UIC ER and admitted for severe dehydration, electrolyte imbalances, contusions and joint  pain, and inability to stand.

Circumstances: Judge illegally and unethically raised bail to $500,000 form $10,000 I-Bond fraudulently stating Shelton had lied to Appellate Court and that she was incarcerating Shelton because she refused to answer questions at illegally ordered fitness exam (a statutory right where the court is not permitted to change bail to achieve the exam) without notice, counsel, hearing, or formal charge in violation of her oath of office and constitutional due process rights.

ACC 070057-01            Criminal Contempt                                                                     4/13/07

Disp:                 Summary sentence of 30 days in CCDOC,  APPEALING

                        reduced to time served on 4/20/07

Medically neglected and abused in CCDOC, requiring ER treatment.

Circumstances: Judge Alonso made summary finding of contempt when Shelton told him upon him taking over case from Judge Pantle who had been transferred to Chancery Division from Criminal Division that the vendor fraud case was illegal bullshit, and Judge Pantle was Dishonorable for illegally failing to hear Shelton’s fully briefed pleadings to dismiss case as void without jurisdiction for over two years.

The fact is that Judge Pantle had violated law extensively, was extremely corrupt, and the case against Shelton for vendor fraud was fraudulent, malicious, and state actors had consistently refused Shelton due process or a meeting for her to present evidence of such.

While in jail severely beaten by jail sheriff officers Levy, Ruis, and Connally who held me down and kicked me with their boots.

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ACC 100083, 93, 93      Criminal Contempt                                             5/11/10

Disp:                 Summary convictions and sentences, by Judge McHale sitting I for Judge Biebel,                        

                        for 4, 6, and 6 months to run concurrently for 16 months with good time jail credits  

                        denied – later order to deny good time jail credits and for 1^st and 2^nd sentence to be 

                        concurrent was dismissed and had to serve 6 months of this totally unconstitutional 

                        and illegal sentence – APPEALING

Circumstances:  I had tried to file a next-friend petition for writ of habeas corpus to have hard before the presiding criminal division judge, but Judge Biebel kept not being available.  He was substituted by Judge Kazmierski and Wadas who sent me to the trail judge Brosnahan – all of them refused to hear the habeas petition illegally stating that a non-attorney could not file it. Then I got to Judge McHale and he declared that filing it as a non-attorney was “illegal.” This is a violation of the Constitution’s Suspension Clause [the right of habeas corpus cannot be suspended except in times of war], U.S. Supreme Court rulings in Boumediene v. Bush 2008 [Boumediene is a Guantanamo Bay prisoner who the court held could have his father file a next-friend habeas petition to try to get him released], and Illinois Statute [736 ILCS Article X that states that a person other than the prisoner and a non-attorney – on behalf of the prisoner could file a habeas petition].

Over a protracted discussion and then hearing on the contempt over several days, when I protested and quoted the above law and case law, as well as said any judge who violates this was committing an act of treason and quoted the U.S. Supreme Court on their definition of treason which included knowingly and willingly violating their rulings, statutes or the constitution, he arrested me saying I had committed criminal contempt and incorrectly charged me with three “cases” and not “counts” of contempt.  Annabel Melongo, on behalf of whom I filed a next-friend habeas petition, is still in jail as of today, 6-2-12 without a trial and without probable cause – so this remains an act of treason by these judges. For details read: http://illinoiscorruption.blogspot.com/2011/12/cook-county-courts-total-lawlessness.html

Although I am indigent and on SSI (social security disability), the Illinois Appellate Court, in violation of Illinois supreme Court rule 298 (requiring waiving of fees for indigent persons), and in violation of U.S. Supreme Court rulings that require criminal courts to waive fees for indigent criminal defendants, refused to waive fees and therefore dismissed my appeal when I did not pay the filing fee. The Illinois Supreme Court made the same error (I presume maliciously and purposely) and therefore cannot file with them. I am preparing a U.S. Supreme Court complaint for mandamus to correct this injustice that amounts to an act of treason by four (4) judges, in C[r]ook County, which is nationally known for corrupt judges [remember Graylord convictions?].

Petition for Writ of Mandamus to U.S. Supreme Court 12-6561 denied, Petition for rehearing pending

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11 MC1 600086             Criminal Contempt                                             4/25/11

Disp:                 Summary sentence of 1-day time served declared “void and for naught”

                        By Judge Burch on 8/26/11, Judge Chiampas has refused to hear motion to

                        Correct error and to vacate and strike case instead of “purging” it. She illegally

                        Struck motion to correct on 3/21/12

                        Bail: $25,000 on 3/21/12 by incompetent, manic, crazy, and malicious Judge Chiampas

when I got sick and went out into the hall and she got mad.  She made bail orders of $25,000 on all my pending cases – not bothering to read that this was not a pending case, but was just before her on my motion to correct the record from “purged” to “vacated and expunged by Judge Burch”. I was taken into custody on all the warrants and kept in jail five (5) days during which I was tortured with withholding of my correct medication dose and other medical neglect. Then she reduced bail to “previous order to stand”.

Circumstances: Judge Burch had verbally granted my request to waive Sheriff service fees for subpoenas and declared me indigent and told me to write up the orders. When I gave him the orders he declared I had committed contempt by writing that the sheriff deputies would serve the subpoenas.  He said he only granted my motion to waive fees.  I protested and wrote formal complaints against him and motions to quash, etc.   He eventually recognized his error but tried to save face by stating on the record that I had apologized, which I did not and declared the case void.  The clerk made an error and said that the sentence was “purged” on the docket.

___________________________________________________________________________

.                      

Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct.

                                                                                    Respectfully submitted,

                                                                                    Linda L. Shelton, Pro Se

December 24, 2012

Linda Lorincz Shelton, Ph.D., M.D.