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    Wednesday, April 29, 2009

    Cook County Jail Officer Charged with Bringing Drugs into Jail

    A Cook County jail guard was ordered held on $250,000 bail April 17, 2009 after allegedly smuggling marijuana, tobacco and Bacardi rum into the Cook County Jail for an inmate.
    Jose C. Nava Jr., 37, is charged with official misconduct and bringing contraband into a penal institution, among other charges.

    See Chicago Sun Times article:

    http://www.suntimes.com/news/24-7/1531637,county-officer-sneaks-drugs-into-jail-041709.article

    Cook County Jail Computer SO OLD its Dangerous

    The County of Cook has been so negligent in not funding computer upgrades that lawyers have asked a federal judge to order it to update the 30 year old antiquated DOS based computer system at the largest county jail in the country. Even Sheriff Dart admits that there is a danger of releasing the wrong inmate.

    This is typical of Cook County where pay-to-play is King and priorities are backwards. Despite the highest county taxes in the country, Cook County because it wastes 10% of the citizen's tax dollars on "required" kickbacks, excess employees with four hour lunches, and padded salaries of incompetent patronage hires, can't afford the basics that ensure public safety. Corruption is still King in Cook County.

    For more information see:

    http://www.chicagobreakingnews.com/2009/03/cook-county-jail-computer.html

    Friday, April 24, 2009

    Presiding Criminal Court Judge Paul P. Biebel Jr Violates Law - Withdraws Defendant's Notice of Appeal

    I filed a Notice of Appeal as a right with the Clerk of the Circuit Court of Cook County on March 9, 2009. I was found not guilty of Medicaid vendor fraud because it was a case of ID theft. I am NOT appealing the verdict. I am appealing the issue of jurisdiction both because controversies remain and due to the public interest exception to the mootness doctrine.

    The Circuit Court loses jurisdiction once the Notice of Appeal is file. The Clerk of the Court is required by law to transmit the Notice of Appeal to the Illinois Appellate Court.

    On March 20, 2009 Judge Biebel sue sponte wrote an order barring the Clerk from transmitting the Notice of Appeal or from preparing the record on appeal, illegally declaring that there was “no appeallable order”.

    I too the Notice of Appeal to the Illinos Appellate Court and had the case docketed - 09-0949. I also filed the following two motions. Judge Biebel has violated his oath of office by blatantly violating law.

    The result of his order would have been to deny the appeal of the jurisdictional issue, which if I win, will set precedent and prove that Illinois Attorney General Lisa Madigan and the Illinois State Police Medicaid Fraud Control Unit in conjunction with the Office of Inspector General Federal Dept. of Health and Human Services have been illegally and baselessly prosecuting a number of quality and dedicated providers of mental health services to persons on Medicaid. A win would free Dr. Maisha Hamilton Bennett, overturn her conviction and overturn the conviction of Naomi Jennings and perhaps others I don’t know about, as well as force the prosecution against Vernon Glass to cease.

    As explained in the following link AG Madigan and IL Medicaid (started by previous AG Ryan and previous administrations) have a scheme to deny mental health care to persons on Medicaid, use this as a phony claim they are tough on fraud for election purposes, and use this to help balance the IL budget on the backs of the mentally ill. They are claiming that Medicaid will not pay for psychiatric services performed by non-physicians such as licensed drug-addiction counselors and psychologists when billed fee-for-service as employees of physicians. They claim it is felony fraud for a physician to bill Medicaid for services of such licensed employees.
    This essentially denies mental health care to persons on Medicaid as > 80 % of mental health care in this country is provided by non-physicians. We need 30,000+ pediatric psychiatrists yet the country has less than 5,000. Failure to provide mental health care increases crime, misery, family disruption, and poverty. It is a disaster to our economy. Judge Biebel is part of the problem, not the solution. He should be impeached. As presiding criminal division judge he should be held to a higher standard and should know better.

    For a detailed and exhaustive analysis of the fraudulent nature of the charges and the state scheme see:
    http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html
    For a detailed analysis of why the indictment is legally insufficient and therefore the case is void see:
    http://illinoiscorruption.blogspot.com/2008/10/legally-insufficient-indictment-failure.html
    For a shorter description of the scheme by the state to deny mental health care see:
    http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html
    For detailed discussion of the jurisditional issues in a federal Petition for Writ of Habeas Corpus which was denied and is pending before the 7th Circuit Court of Appeals under the public interest exception to the mootness doctrine see:
    http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008

    The following is my Motion to the IL Appellate Court to overturn Judge Biebel’s void and illegal order:

    IN THE
    APPELLATE COURT OF ILLINOIS
    FIRST DISTRICT

    PEOPLE OF THE STATE OF ILLINOIS ) Appeal from the Circuit Court
    ) of Cook County, Illinois
    Plaintiff-Appellee )
    )
    -vs.- ) No. 04 CR 17571-03
    )
    LINDA L. SHELTON )
    ) Honorable Jorge Alonso
    Defendant-Appellant ) Judge Presiding

    MOTION TO ORDER JUDGE PAUL P. BIEBEL JR. TO VACATE HIS ILLEGAL ORDER FOR CIRCUIT COURT CLERK NOT TO TRANSMIT NOTICE OF APPEAL TO APPELLATE COURT

    NOW COMES, Linda Shelton, Defendant, Pro Se, who respectfully moves this Honorable Court to order Presiding Circuit Court of Cook County Criminal Division Judge Paul P. Biebel Jr. to vacate his illegal order for Circuit Court of Cook County Clerk not to transmit Notice of Appeal in above titled case to Illinois Appellate Court. In support of this motion Defendant states as follows:
    Defendant, pro se, filed Notice of Appeal (Exhibit A) with the Clerk of the Circuit Court of Cook County (“Clerk”) on March 9, 2009 and requested the Clerk to prepare the Record on Appeal.
    Defendant, on April 10, 2009, received an order made sue sponte by Judge Paul P. Biebel Jr. instructing the Clerk NOT to transmit the Notice of Appeal to this Appellate Court stating that there was no final appealable order. (Exhibit B)
    Notice of Appeal states that Defendant was found not guilty on February 24, 2009, but was appealing NOT THE VERDICT, but the issue of JURISDICTION of the court.
    The Illinois Appellate Court, 3rd District in King v. DeDonker, 17 Ill.App.3d 1064, 309 N.E.2d 598 (1974) ruled that a judge’s refusal to enter a finding of not guilty after a not guilty verdict was a final appealable order. The United States Supreme Court in several cases granted certiorari after not guilty verdicts and ruled that issues in cases where there were not guilty verdicts were appealable if they met two tests: 1) there remained a controversy, and 2) when there is no threat of either multiple punishments or successive prosecutions as a result of overturning the decisions of the trial court; in essence that as long as the double jeopardy clause is not offended the appeal is not barred. United States v. Jenkins, 420 U.S. 358, 95 S.Ct. 1006, (1975); Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055 (1975); United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013 (1975); United States v. Martin Linen Supply Co, 430 U.S. 564, 97 S.Ct 1349 (1977); and United States v. Ceccolini, 435 U.S. 268, 98 S.Ct. 1054 (1978)
    A case is only moot when it involves no controversy. Hynde v. Hopper, 56 Ill.App.2d 152, 205 N.E.2d 647 (1965)
    In the present case there remains a controversy – the issue of personal and subject matter jurisdiction. The appeal and decision about this controversy denying Defendant’s multiple motions to dismiss pretrial for lack of jurisdiction was barred until there was a final order of the court (finding of not guilty after not guilty jury verdict). The issue is not moot because a decision on jurisdiction will solve several remaining controversies. There is no limitations on the time to appeal void orders.
    First, if the case lacked jurisdiction and was null and void ab initio, then all bail orders are void and the Clerk may not retain the 10% of the bail or $1100, and she must return this money to the Defendant.
    Second, if the case was null and void ab initio, then the case must be expunged from Defendant’s criminal record without charge to her and without the requirement that she apply for it to be expunged.
    Third, if the case was null and void ab initio, then two findings of criminal contempt found during the precedings would also be null and void and must be vacated and expunged, even IF the defendant had made contemptuous statements or made contemptuous actions during these two hearings which would become nullities. ACC 050087-01 and ACC 070057-01
    Fourth and finally, Defendant also claims that the issue of jurisdiction is not moot because if the valid controversy of alleged lack of jurisdiction in this case is resolved in favor of the State’s position that there is jurisdiction, res judicata on this issue would bar any tort action against Judge Pantle and Attorney General Lisa Madigan in federal case number 1:06-cv-04259, a pending civil rights suit against these persons on hold in federal court pending the disposition of this criminal case (now it will be taken off of hold status). The orders of the federal court based on presumed absolute judicial and prosecutorial immunity did not address the merits of the allegation of total lack of jurisdiction of prosecutor or Trial Court and its judge. Therefore, the Federal District Court has NOT decided this jurisdictional issue in the pending case, 1:06-cv-04259. There is no issue of res judicata barring the consideration by the Illinois Appellate Court of the controversy concerning jurisdiction in this case. The Federal Court order removing these two persons from the suit as defendants will be appealed due to their lack of jurisdiction. This order of the Federal District Court in case number 1:06-cv-04259 becomes null and void if this Illinois Appellate Court rules that this criminal case was null and void ab initio, as prosecutors and judges lose absolute immunity ONLY when they are declared to have NO jurisdiction in a case. Therefore a controversy remains as to whether the Illinois Attorney General ever had jurisdiction to indict and prosecute defendant and whether the Trial Court ever had jurisdiction to hear this case, based on the resulting void indictment. The resolution of this controversy has immediate impact on the resolution of the above mentioned federal case and on the convictions of Maisha Hamilton Bennett and Naomi Jennings, as well as on the pending criminal case against Vernon Glass. All these cases involve the same charges and the same issues leading to the conclusion that there was a lack of trial court and prosecutorial jurisdiction or authority as listed in the Notice of Appeal. Therefore, harm will befall defendant and continue to befall Maisha Hamilton Bennett, Naomi Jennings, and Vernon Glass if the issue on this appeal of jurisdiction is not resolved in defendant’s favor.
    Therefore, the Illinois Appellate Court is NOT BARRED from hearing this appeal pertaining solely to the jurisdictional issues.

    WHEREFORE, Defendant, respectfully moves this Honorable Court to issue an order for Judge Paul P. Biebel Jr. to vacate his order of March 20, 2009 to the Clerk not to transmit the Notice of Appeal to this Honorable Court.

    Under penalties as provided by law pursuant to 735 ILCS 5/109-1 I certify that the statements set forth herein are true and correct.
    Dated: April 14, 2009
    Respectfully Submitted,
    ___________________
    Linda L. Shelton, Ph.D., M.D. Linda L. Shelton

    Sunday, April 12, 2009

    Dwight Penitentiary for Women - Abuse of Inmates Standard Fair

    Two federal lawsuits allege a pattern of sexual misconduct and repeated inmate rapes at Dwight Correctional Center with the knowledge of administrators at the maximum-security prison.

    http://www.pantagraph.com/articles/2008/03/20/news/doc47e1fc57db601224975909.txt

    Thursday, April 9, 2009

    Gov. Quinn - Please Pardon Debra Gindorf, Post-Partum Psychosis is an Illness NOT a Crime

    GOV. QUINN GRANTED CLEMENCY ON MAY 1, 2009 REDUCING DEBRA'S SENTENCE FROM LIFE WITHOUT PAROLE TO 48 YEARS. SINCE SHE HAS SERVED 24 YEARS AND THE SENTENCING LAW AT THE TIME REQUIRED A PRISONER TO SERVE HALF THE SENTENCE SHE WILL BE RELEASED IN THE NEXT FEW WEEKS ONCE PAROLE CONDITIONS ARE SET AND LIVING ARRANGMENT IS APPROVED.

    PLEASE WRITE OR CALL GOV. PAT QUINN IN SUPPORT OF PARDON AT:
    Quinn, Pat 217-782-6830

    OFFICE OF THE GOVERNOR
    CAPITOL BLDG RM 207
    SPRINGFIELD IL 62706-1150

    AN E-MAIL I SENT TO GOV. QUINN TODAY:

    I am appalled that former Gov. Blagojevic ignored so many clemency petitions [THOUSANDS]. I am writing to bring to your urgent attention one of the most egregious cases where a person was wrongfully convicted. I wrote a letter several years ago to the Prisoner Review Board as an expert on pediatrics and post-partum psychosis, on her behalf urging clemency.

    This case is a national and international embarrassment to Illinois. I urge you to make it your FIRST ACT of clemency ASAP.

    Ms. Gindorf was a 20ish single mother of two small children/babies 24+ years ago - she had been abandoned by the father and was very poor. In a psychotic act due to post-partum psychosis and due to EGREGIOUS neglect of friends, family, and the state in not providing her the medical/psychiatric/social service help she needed, she apparently heard voices telling her to kill herself and take her children to heaven with her. She was also deeply depressed about her personal situation.

    A family member suffered the same after giving birth two times, but I and family were always there to help her through this time. Unfortunately NO ONE WAS THERE TO HELP MS. GINDORF.

    As a result she carefully washed and dressed her children/babies and gave them an overdose of over the counter medication (I’m not completely sure about what medication but that doesn’t matter) and also took an overdose herself. However, being young, uneducated and naive, she didn’t give herself a big enough dose and woke up later finding her children dead.

    She was charged and convicted of murder and sentenced to life without parole, because those many years ago the disease of post-partum psychosis was not recognized, and the murder of children always gets no sympathy from jurors who are so overwhelmed with passion against the murderer that they don’t usually think fairly or rationally.

    She was clearly innocent due to temporary insanity from the post-partum psychosis. All the psychiatrists and a half dozen others who have examined her since or who are nationally renowned now support clemency. No where else in the world, let alone the U.S. are we so irrational and harsh in treatment of women with post-partum psychosis who commit crimes. It is a national and international disgrace and a stain on Illinois.

    PLEASE SHOW THE WORLD, ILLINOIS, AND MS GINDORF THAT YOU RECOGNIZE THE WRONG DONE TO HER AND GRANT HER A FULL PARDON. I BELIEVE SHE IS ONLY REQUESTING CLEMENCY. Please pull out her clemency petition from the pile and review it first.

    In Europe, women with this illness who murder their children are sent to a mental hospital for two years and released. [In England those that murder their child under age one are evaluated by a psychiatrist and if they did it due to post-partum psychosis, they are not prosecuted but are forced to undergo psychiatric treatment as long as necessary]. High-profile cases where a woman drowned her five children have resulted in not guilty verdicts due to post-partum psychosis. PLEASE SHOW THE WORLD THAT ILLINOIS IS COMPASSIONATE AND BRING IT INTO THE 21ST CENTURY NOW BY IMMEDIATELY GRANTING A FULL PARDON TO MS. GINDORF. I’m sure she will be shocked if you pardon her and not just release her with clemency.

    Gov., I believe you are a rational, honest, and hard-working leader. Please reveal this to the world by taking this action!! I do not know Ms. Gindorf, but she deserves your mercy and a chance to recover some small amount of money from the state for wrongful incarceration and the way she has been mistreated by the courts. 24+ years in prison when she is innocent due to a transient mental psychosis is simply barbaric. Within a year of the “crime” she no longer was a danger to society or anyone. She is punished daily with the knowledge that she took the lives of her children, but has received mental health care and now copes with this reality.

    This is a treatable illness that even goes away on its own within 6 mo to a year after the child’s birth and only recurs with pregnancy. Most women suffering from it if not treated commit suicide. It is treatable even after subsequent pregnancies. Ms. Gindorf, due to her age, no longer has the option of pregnancy so she is not a risk to anyone.

    I am available for discussion at any time about the details of post-partum psychosis.

    May the Lord give you the wisdom and strength to act quickly and boldly to reverse this injustice. I know you have a lot on your plate, but this action is sorely needed and will make you and all of us in Illinois feel a little better about admitting our mistakes. Please give Ms. Gindorf justice.

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