Archive for the ‘prosecutorial corruption’ Category

How & why is Darren Wilson guilty of manslaughter in killing Michael Brown?

November 30, 2014

UPDATE: 12-9-14 DOJ autopsy by  Air Force pathologists agrees with Shelton that some wounds may be re-entry wounds that hit chest after first going through forearm or  first going through forehead to cheek & out jaw (Shelton said maybe upper arm altho she did not examine body and only read autopsy reports) .  This suggests that R arm was up when shot.

Ask yourself: What is excessive force and when should deadly force be used?  If deadly force should not have been used or if it should have been used and then was used excessively, then Wilson is guilty. Also ask yourself what questions should Wilson answer about his behavior. Were they even asked? Finally, how do you interpret the autopsy reports. What do they mean.

The trajectories of the last two bullets show convincingly that Brown was already down when Wilson administered these coup de grace shots. Yet the grand jury was never told in detail about the bullet trajectories and what they indicate. (read further)

Forensic pathology can be a powerful tool. My teacher, Dr. Sandra Conradi, of the Medical University of South Carolina, former President of the American Academy of Forensic Pathologists, once proved a man innocent by self-defense of murder by lining up the trajectories of shot gun pellet wounds of the deceased with metal rods that proved the deceased was standing in a position of a man that was holding a gun. This affirmed the statement of the accused that he only fired because the dead man was holding a rifle and shooting at him.

A grand jury is not to determine innocence or guilt, yet that is how prosecutor McCullough used the St. Louis grand jury. That is prosecutorial misconduct. His father was murdered by an offender when he was a cop and many of his relatives are cops. He was biased and should have recused himself and recommended that a special prosecutor be appointed.

The role of the grand jury is only to determine probable cause. The grand jury is a one-sided presentation of evidence supposedly against the defendant and is meant as a rubber stamp for approving hearsay and allegations, not to determine innocence or guilt.  Only one side is presented and that is the  side determined by the state’s attorney. If the state’s attorney wants an indictment, he gets it almost universally. If, like with McCullough, he does not want an indictment, then he won’t get one because he can selectively manipulate the presentation of evidence and enhance rather than diminish confirmatory bias. Thus, even the fictional Mickey Mouse or a ham sandwich can be indicted. The grand jury system is fundamentally flawed and should be reworked by Congress and by constitutional amendment.

Please note that it is almost  unheard of for the prosecutor to call the defendant as a witness at the grand jury, especially to call him for the main purpose of demonizing the victim. This is gross abuse of prosecutorial discretion as the victim can not defend his reputation and is a slick manipulation of the tools of psychology to  bias the jury against the victim. For a detailed explanation how the prosecutor who is skilled can manipulate a jury read here.

When Wilson called out to Brown to get on the sidewalk, if he meant to follow that up with a jaywalking ticket or arrest for the shoplifting, then he should have gotten out of his car.  He apparently did not connect the shoplifting with Brown, or he would have called for back-up, simply followed Brown with his car and then with help of colleagues arrested Brown.

Instead it is apparent, that he simply used his car to intimidate Brown by backing up so that he was next to Brown and Johnson. Then the testimony varies. Some believe Wilson grabbed Brown through the window and then Brown slapped Wilson with an open palm which enraged Wilson who pulled his gun and threatened to shoot Brown if he did not comply. Others say Brown slammed against door and beat Wilson viciously with his fists, to the point that Wilson said he  feared for his life and pulled his gun. Pictures of red-cheeked Wilson comport with a slap and not a punch with a fist. The stories then further vary with some stating Brown was grabbing Wilson’s gun to shoot him, but others stating he was just grabbing the barrel of the gun to push it away from pointing at Brown. Unfortunately, the gun was wiped clean so that fingerprints could not be lifted from it to determine where Brown’s hand may have touched it. We only know it was shot in the car and a bullet hit Brown’s hand.

The state’s attorney did not ask Brown why he did not simply move his car to get away from Brown instead of pulling his gun. He did not ask Wilson why he didn’t just follow Brown in his car and call for back-up. Did he ask him if at that point he connected Brown with the shoplifting and if he did so, why he did not await back-up?  The slight redness of Wilson’s cheeks and no documented injuries were not used by the state’s attorney to question the veracity of his story that he was viciously beaten to within an inch of his life by Brown forcing Wilson to pull his gun and shoot.  The grand jury by then was so biased by the one-sided presentation from McCullough and the demonizing of Brown that they didn’t question these obvious inconsistencies making Wilson a clear liar to the grand jury. We cannot believe anything Wilson said due to the fact that his story that he feared for his life after such minimal redness to his cheeks and likely deep injury to his pride does not match his “injuries”.

It is because McCullough failed to ask these questions that the bias is so crystal clear.

Then when the forensic autopsy evidence was presented, no one emphasized that at 15 ft away Wilson admitted he let out a volley of shots with at least two of these chest shots in a downward trajectory proving that Brown was already falling down at 15 feet away from Wilson.

No pathologist bothered to state that the back to front forearm wound may line up with the front to back upper arm wound on Brown proving that his right arm was in the air with his hand at shoulder level when he was shot at 15 ft away.

No pathologist bothered to then state that Brown was not just falling down, but nearly on the ground when the last two shots were fired and Brown was 8-10 feet away from Wilson. Wilson admitted that he “sited . . . [Brown’s] head . . .” and fired and the trajectory of the last two shots was (A) through the forehead down through the cheek and out the jaw proving top of head down towards toes trajectory and (B) through top of head with towards toes trajectory.

As Wilson and Brown were the same height, 6′ 4″, this  means that Brown was either on his knees falling down or nearly completely having fallen down, when Wilson made the final head shot in a coup de grace manner.

There is no way Wilson saw Brown’s face at the last two shots as the trajectories prove Brown was looking down, not at Wilson. So how could Wilson say Brown looked like a mad demon or whatever if he couldn’t see his face? Wilson was looking at the top of Brown’s head when  he fired the last two shots at 8-10 ft away. It is unlikely that a Brown was “charging” at Wilson without looking at him.

Have someone make a computer animation of how Wilson could shoot Brown with a downward trajectory as explained in the autopsy notes that does not suggest excessive force and/or intentional coup de grace.  Just try! The pathologist could have passed a straight rod through the wounds and taken pictures to show the trajectories more clearly. He Could have even positioned the body for the last four shots and the arm shots to prove what I am stating about what the body position  was likely to have been when Brown was hit. I hate to suggest this, but I would even like to see the body of Brown exhumed and this done so that my allegations can be proven.

The U.S. Attorney should investigate this case for prosecutorial misconduct, civil rights violations, and perjury by Wilson. The Gov. should look into how a  new grand jury can be convened with a special prosecutor. Congress should call hearings about  court, judicial, prosecutorial, and police corruption and misuse of grand juries. The people must rise up unite not under racism but under judicial reform and fight the system until it is reformed.

This is because Wilson in my book is guilty of manslaughter, as are so many other officers. We must change training of officers and laws so that shooting is the last resort and that it must stop when the person falls or is no longer a threat.

 

Private correctional contracts a disaster, costing excessive tax dollars, abusing detainees, incentive for excessive sentencing

November 18, 2014

Read the Sentencing Projects’s report: Dollars and Detainees: the Growth of For Profit Detention, and you will find confirmed that when profit is introduced into public services the result is increased costs, decreased quality, and cover-up of corruption.

“The companies with which ICE and USMS contract, including CCA and the GEO Group, are largely the same ones that have been criticized for their handling of prison operations. More importantly, these companies operate off of the same business models employed in prison privatization that have led to understaffing, negligence, and abuse.107, 108, 109 In addition to harming those housed in contract facilities, private prison companies fail to save taxpayers money, can have a deleterious financial effect on communities,110 and contribute to the continuation of America’s use of mass incarceration and detention.111, 112 These private companies operate within complex and sometimes opaque systems where public and private officials cannot clearly answer questions and where the private companies managing federal detainees are not subject to Freedom of Information requests.113”

The only solution is massive reform of our justice  system which today is an injustice system. Read about the Myth of American Justice as seen in Illinois at this blog and the links listed in it: http://cookcountyjudges.wordpress.com.

As a wrongfully convicted felon who was sentenced to 2 yrs in prison and 1 yr parole in 2007, I can tell you about abuse, as well as a totally dysfunctional parole system – READ THIS:

http://chicagofbi.wordpress.com/2009/08/22/illinois-department-of-corrections-runs-sham-parole-operation-fbi-where-are-you/

http://illinoiscorruption.blogspot.com/2012/01/torture-of-dr-linda-shelton-in-illinois.html

Our depraved justice system must be stopped

January 29, 2013

Murderers in Illinois received sentences in the past of 20-30 years and were released in half the time. Aiding a terrorist in developing a nuclear weapon will put you in jail for 20 years.

However, our justice system is disproportionate in regards to sentences against those who are are addressing civil rights and wrongfully charged, against activists for judicial reform, against those who are advocating for freedom of information, and against patriots who commit peaceful protests and civil disobedience.

For downloading scientific papers where the research was paid by taxpayers led to charges that could lead to a 50 year sentence against Aaron Swartz.

Read about it here.

I was sentenced to two years in prison for allegedly “bumping” an officer with my wheelchair. Read about it here. The fraudulent prosecution where Sgt. Anthony Salemi attacked me in my wheelchair after sending away witnesses, then falsified his record and said I attacked him, then committed perjury is here.

I was summarily sentenced (NO TRIAL!) to 16 months in jail for the legal act of filing a next-friend petition for writ of habeas corpus on behalf of Annabel Melongo (read here story here). I have appealed all the way up to the U.S. Supreme Court and they refused to enforce their previous holdings or the Bill of Rights here.

American Justice is a Myth!

The line has now been crossed and we must do something. Please help by spreading the word about these injustices and spreading the links to these web sites here, here, here, and here.

Write politicians and ask for Congressional testimony about corruption in our courts and police departments.

Tweet, email, spread in every social networking site, contact the press, seek a celebrity to help us with this cause of reforming corrupt courts, ask wealthy friends to help start a foundation to assist those of us whose civil rights are denied, to train the public how to defend themselves against corrupt courts, and publicize the myth of American justice.

We are Anonymous. We are Legion. We do not forgive. We do not forget. Expect us

Don’t stop complaining and educating. Here are some places where you can write letters:

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

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

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

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

COOK COUNTY BOARD OF COMMISSIONERS:

Phone Number

President Toni Preckwinkle

312-603-6400

Robert Steele

312-603-3019

Larry Suffredin

312-603-6383

Earlean Collins

312-603-4566

Timothy O. Schneider

312-603-6388

Jerry Butler

312-603 6391

Elizabeth Doody Gorman

312-603-4215

Joan Patricia Murphy

312-603-4216

Jeffrey R. Tobolski

312-603-6384

Bridget Gainer

312-603-4210

John A. Fritchey

312-603-6380

William M. Beavers

312-603-2065

Gregg Goslin

312-603-4932

Edwin Reyes

312-603-6386

Jesus G. Garcia

312-603-5443

Deborah Sims

312-603 6381

Peter N. Silvestri

312-603-4393

John P. Daley

312-603-4400

Commissioner Email addresses:

r.steele@robertsteele.org

earlean.collins@cookcountyil.gov

jerry.butler@cookcountyil.gov

joan.murphy@cookcountyil.gov

commissioner@bridgetgainer.com

edwin.reyes@cookcountyil.gov

deborah.sims@cookcountyil.gov

john.daley@cookcountyil.gov

larry.suffredin@cookcountyil.gov

tim.schneider@cookcountyil.gov

liz@lizgorman.com

commish@fritchey.com

commissioner.goslin@cookcountyil.gov

Jesus.Garcia@cookcountyil.gov

Support ANONYMOUS – Stop Government Corruption!

January 26, 2013

I support ANONYMOUS in their actions against government corruption announced today. Read my announcement of my support with links to their video specifying how the Internet War against government corruption has begun.

Newton, Aurora, Virginia Tech, Columbine – type shootings WILL NOT STOP and WILL ESCALATE until we educate about, make access easy to, and fund mental health care

December 16, 2012

I am a retired pediatrician in Chicago.  I also have a PhD in pathology and trained for six months in forensic pathology observing and participating in autopsies including many gunshot victims. In addition I was medical director of a mental health care group practice. I know what I am talking about as I have treated babies and children who have been boiled, beaten, shot, and shaken.  I have smelled their burned flesh and held their brain tissue in my hand.  I have attended their autopsies. The destruction of tissue by high-powered weapons is unbelievable.  Tissues explode inside of you as the tissue is vaporized and the bullets wobble and gas from heated vaporized tissue expands the damage. There is absolutely no reason for high-powered, high magazine capacity weapons for civilian use. I fear though that it will take decades to confiscate them all as there are millions out there and millions of high capacity magazines.  Too many people do not secure their weapons and too many can buy them without background checks. The ratio of weapons to people in this country is so astonishing it is beyond belief.  No weapons ban will fully work until we start taking this ratio down.

However we have to start somewhere like limiting the availability of high-capacity magazines and certain types of bullets.  Although limiting guns in UK and Australia has worked well, it won’t work so easily in America where 5% of the world population has 50% of weapons owned  by civilians!  What are we going to do?  Have a massive confiscation campaign?  Eliminate the 2nd Amendment? NO!  We must close the loopholes concerning background checks.  We must start banning semiautomatic weapons to some extent and slow down their  proliferation.  The number in this country already is more than we will ever need. We must link all background registries at the national level. BUT! How are we going to  define mental illness that makes a person dangerous and that deserves to put them on the registry?  How are we going to help wrongfully convicted felons clear their names.  Are all felons deserving of having a ban on owning fire arms?  I think NOT!

I was wrongfully  convicted of aggravated battery of an officer for “bumping” him with my wheelchair and sentenced to two years in prison, a false charge as Sgt. Anthony Salemi actually attacked me in my wheelchair, falsified his records and committed perjury. Now Chief Judge Evans in Cook County is banning all cell phones from courthouses as the eavesdropping law was declared unconstitutional so no citizen can document corruption of Sheriff officers and judges in courthouses even outside of the courtrooms!

We have no choice with this amount of weapons in our country and t he impossibility of banning them due to the numbers already out there, but to make schools as secure as courthouses.  This is the sorry reality and it will cost us dearly – causing fear in our children and enormous government expenditures. Our 2nd Amendment with the technological advances in weapons and astonishing proliferation of weapons in the hands of citizens in America make us a dangerous overly armed population.

We MUST increase the requirements for police officers training and education.  We have a pitifully under trained and corrupt law enforcement legacy in this country. Read my blogs in the following.  We are now even killing a whole lot of people unnecessarily with Tasers!

We also must MASSIVELY increase our funding for mental health care.  We need 30,000 certified child psychiatrists but only have about 5,000 in this country.  We have been forced to choose between drugging people and providing cognitive or talking therapy.  Drugging won as our healthcare system won’t pay to talk to anyone.  I believe however that talking therapies are critical and drugging often does more harm than good!

Those doctors who do procedures (cardiac and ortho surgery for example) get obscenely high payments while psychiatrists, psychologists, and general practitioners, as well as pediatricians and family practitioners are the lowest paid.  We also pay by the pound.  My patients (Vincent triplets) are in the Guinness Book of World Records as the “lightest triplets in the world” (1997 edition), yet I was paid $50 to put in central lines into ultra premees while vascular surgeons were paid $500 to put in central lines into adults! Go figure! Our priorities are goofy.

Our justice system is so corrupt that honest  harmless people like me are wrongfully convicted (in my case in retaliation for whistle blowing against corrupt police and officials – see my other blogs links to the right) and criminals know all the loopholes.  Some of the most dangerous people are very intelligent and also mentally ill yet are not even in the mental healthcare system.

I fear the backlash against most mentally ill people who are harmless.

I fear that people with post-traumatic-stress disorder (PTSD) will be discriminated against and labeled wrongfully as dangerous. I suffer from PTSD and although I am a non-violent pacifist, I cower and swing my arms in front of my head trying to defend myself against flashbacks of being beaten by corrupt  police (I have been beaten several times and falsely accused of attacking these officers – see my blogs: http://cookcountysheriffdeputies.wordpress.com and http://cookcountyjudges.wordpress.com). This massacre in Newtown has caused me to have more flashbacks revisiting seeing wounded and dying children in the emergency rooms where I worked in Chicago 10-20 years ago.

There is NO mental health care in America; no understanding, respect and compassion for the mentally ill; no support for their families; no help available; just disdain, disrespect, hatred, blame, and ignorance. LaPierre’s and others’ descriptions of mentally ill shooters as “lunatics” and other derogatory terms I would rather not repeat makes the defamation against the mentally ill even worse.

Would you blame a person for becoming sick with cancer or being born with a deformity?  Yet we blame the criminally insane and defame them as evil!  We are a very sick society!

I treated a boy who attempted suicide and when I was releasing him from the hospital, the major university children’s hospitals in Chicago and its suburbs said they didn’t take these kids in transfer who didn’t have insurance (Loyola University, Northwestern University Medical Center, Rush Medical Center, Christ Hospital affiliated with the United Church of Christ and part of Advocate Healthcare) they had a year-long waiting list (Mt. Sinai Hospital and Medical Center), they only took transfers to their mental health unit of persons on Medicaid who lived in their zip  code (University of Chicago); or such other lame excuses all due to the country refusing to pay for mental health care.

I tried to testify in juvenile court that an aunt who was trying to help her nephew, whose parents were in prison for murder, had a child who was dangerous due to his mental illness, a liar and that the aunt was not a child abuser. Instead the child needed hospitalization and mental health care for life. He may grow up to be a mass murderer.  His aunt was falsely labeled a child abuser due to the child’s lies without a legitimate fair due process court hearing. The aunt lost custody of the boy and his brothers. The children were placed in foster care or given to their criminal drug dealing and gang member relatives who the aunt had protected them from. He has already become a rapist and was in prison for a year. His brothers have become burglars and teen drug dealers under the wings of their relatives and the lives of the brother who were doing well with the aunt have been ruined by the Cook County judges and court system.   We need extensive judicial reform!  I would love to testify before Congress.

Instead the judge threw me out of the courtroom, declared I was not a reliable witness, instead listened to a child welfare worker who had a few months training after getting a bachelor’s degree in psychology, ended up destroying my career and now corrupt officials arrested me on many false criminal charges and jailed me in retaliation after I began this campaign to get help for these  people.  Read my other blogs: here, herehere, here & here. The corrupt officials who divert Social Security Title IV-D funds from helping families to judicial pensions and fees for incompetent court-appoint hacks who claim to do mental health evaluations and claim to evaluate family situations (child representatives and guardian ad litums in divorce and custody cases), vilify anyone who tries to change the system and get the country to really look at mental health care, custody decisions, divorce courts, and misuse of government funds because we threaten their illegal funding stream. Read about that here.

Until the Affordable Care Act (ACA) known as “Obamacare”, patterned after “Romneycare” in Massachusetts, is in full swing and expanded to deal with mental health care and cover all Americans as a universal single  payer health care system, none of these mothers will have help and the shootings will continue. Victims also need access to mental health care.

See my suggested 15 point plan to address gun violence and gun deaths in America here: https://twitter.com/DrLindaShelton (1/2 of them are suicides and most are not mass murders but are murders by people known to the victims – 11,000 per year in the U.S.  – compared to about 35-50 in either England or Australia who have both banned and confiscated weapons after mass murders in schools).

Please consider joining the group “Newtown United” on Facebook here: http://www.facebook.com/NewtownUnited

The following is a MUST READ that has begun this conversation: http://anarchistsoccermom.blogspot.com/2012/12/thinking-unthinkable.html

The following poem expresses all of our grief and sadness: http://newtown.patch.com/blog_posts/dear-santa-7cbef59a

Statement by former Representative and victim of shooting Gabby Giffords husband Kelly at her shooter’s sentencing excoriating the government and Gov. for not dealing with gun violence and mental illness: http://jezebel.com/5959149/gabby-giffords-husband-stares-down-her-shooter-gabby-and-i-are-done-thinking-about-you

Protest for Liberty, Justice and Against Government Corruption before We Lose It Completely

April 4, 2011

Do you want corporations and their corrupt government puppets or people to control the United States and make its laws? 

If you want to preserve and defend YOUR democracy go to: http://t.co/vdcEEt0

What light is to the eyes,
what air is to the lungs,
what loves is to the heart,
liberty is to the soul of man.

          Robert G. Ingersoll

Our founding fathers fought for liberty in the Revolutionary War – at the Boston tea party and Concord and in the swamps around Charleston;

Our grandparents fought for liberty in WWI – in the trenches, on the sea, and on the Russian front;

Our parents fought for liberty in WWII and out of fear of communism in the Cold War –  on the beaches and hills of Guadalcanal, in the streets and on the bridges of Budapest, on the seas, and via the air over Berlin;

Our brothers, husbands, and friends fought out of fear of communism – during the Tet offensive, and in Saigon;

Our children and friends’ children are fighting to protect us from terrorism and for humanitarian reasons – in Iraq and in Afghanistan;

Our grandparents, parents, brothers and sisters, as well as countrymen protested and marched for liberty in the United States during the Civil Rights Movement – at Selma, Birmingham, and in Washington DC;

Our brothers and sisters stand up for liberty, opportunity, equality, and fairness daily regarding Health Care, Home Ownership, in the Courts, and at Work – in every town, in every prison, at every job, in every health facility, in every court, and at every rural crossroads.

In every struggle and battle and in every war, there are casualties. We accept them and do not run from the fight. That’s what it means to love others more than self, to treasure not just life, but also liberty, opportunity, equality, and justice.

The least I can do is stand up forcefully for liberty and its cousin justice at home, in memory and in honor of all those that came before, as well as for all those who come in the future!

We won’t retake it if we don’t fight. That’s what it means to love thy neighbor and one’s fellow men.

I’s rather go down standing up then grovel on my knees as a slave to the corrupt police, prosecutors, judges and politicians in America.

I will continue to expose the corrupt, enlighten the public through the Internet (our great equalizer), and challenge the corrupt.

Won’t you join me – for your children and grandchildren? Send me a comment and I’ll tell you how you can help.

Linda Lorincz Shelton, PhD, MD

 

More Unlawful Arrests of Dr. Linda Shelton by Corrupt Cook County Officials

September 4, 2009

by Dr. Linda Shelton:

DOCUMENTATION OF CORRUPTION, FRAUD, WASTE, AND INCOMPETENCE IN THE SHERIFF’S DEPARTMENT OF COOK COUNTY:

Cook County Sheriff Police Investigator Cynthia B. Sofus, earning a salary of $76, 450 per year,  is a glaring example of incompetence, arrogance, and vulgarity among the Cook County Sheriff’s staff. She works for the Criminal Intelligence, Gangs & Crimes Unit of the Sheriff’s Police at the Cook County Department of Corrections. She has what is known as a “potty mouth”. The following gives a detailed description as to how, in two cases against me which are false arrests and malicious prosecutions, she was grossly negligent in her investigation and has ended up suborning perjury (supporting  perjury of the state’s witnesses, Sgt. Anthony Salemi and Lt. Prescott, among others).

Case 1:

On May 16, 2005, Cook County Correctional Sgt. Anthony Salemi came to my cell at the women’s medical unit of the Cermak infirmary at Cook County Jail. I was housed alone in a single cell. I was in the medical unit due to multiple medical problems including: 1) a congenital & acquired spinal cord injury causing a weak right side (right hemiparesis) where I cannot raise my right leg above my waist; 2) heart arrythmias; 3) Hemiplegic migraine causing frequent dizziness, unsteadiness, and headache, plus some intermittent neurologic deficits (migraines with symptoms of stroke); 4) severe intermittent asthma with vocal cord dysfunction, episodes of unconsciousness due to hypoxia, and severe sensitivity to chemicals such as cleaning solutions, perfumes, and the formaldehyde found in cigarettes (ignorant poorly-trained paramedics, nurses, and physicians, such as they have at the CCDOC, confuse my symptoms with malingering because I don’t always wheeze but rather develop a “silent chest syndrome” with poor air movement and whistling gurgling sound when inhaling, just before I go unconscious), and 5) malignant neurocardiogenic syncope – a severe form of nerve mediated fainting that in me is caused partly by the spinal cord injury destroying nerves needed to regulate respiration and heart beat, but also due to congenital disorder of contraction or twitchiness of the blood vessels necessary to keep a person from fainting when they stand up (the blood vessels in the lower body must contract when standing or the blood flows to the lower body and there is insufficient blood for the brain).  This is a complex and interacting set of medical problems, which for treatment, require a certain mix of medications, a high salt diet, and rapid response to deterioration of medical condition.

As the jail staff had: 1) violated my constitutional rights to have pen & paper to write grievances and write court papers to appeal my unlawful incarceration, thus illegally and unconstitutionally denying me ”access to the courts” (I was later aquitted of the fraudlent charge for which I was incarcerated); 2) denied me necessary medication and high salt diet (the correctional staff said salt was contraband and everyone had to eat a low salt diet, despite the doctor’s orders) to prevent fainting on standing and weakness or other serious symptoms; and 3) denied me my statutory right to call non-collect when I was incarcerated to arrange for the care of my disabled father (when I came home a month later he was dehydrated, weak, mildly confused, and clearly had needed more assistance) – the social worker told me that she was instructed NOT to help me arrange for the care of my father,  I protested with, from May 11, 2005 on, a continuous dry hunger strike. 

I ate and drank NOTHING. Every three to five days I would take 2-3 ounces of water to lessen the likelihood of a quick death. This resulted in a 1 and 1/2 lb weight loss per day, and by May 16, 2009, I had nearly passed out in the shower and required the use of a wheelchair, although I had been using a cane. I no longer could stand for more than a few seconds without passing out. I was moderately dehydrated, which causes weakness and fainting when standing. Obviously, this made my congenitally weak arms & shoulders, and weak leg, even weaker. I was physically unable to batter anyone, especially a strong male who was taller and 50 lbs heavier than I was, like Sgt. Salemi.

The wheelchair had most of the tread missing from the right wheel. Therefore, when I  pushed it, if there was a divit in the floor or a slightly bumpy area on the floor, I couldn’t move it over this tiny obstacle as the right wheel would not catch the floor and would spin freely. The right wheel also had one of the three spacers missing from the hand rail on the wheel and this made the wheel a bit cockeyed and caused the long screw to constantly rattle and move into the wheel obstructing movement of the wheel if I used the hand rail instead of someone pushing me. The armrests were missing. The wheelchair was extra wide and meant for a very obese person – I am thin. This meant you have to spread your arms wider, this produces less torque, and the person in the chair has more difficulty moving it than an ordinary wheelchair.

My medical condition is that I have congenital weakness of the hands, arms, and shoulders due to the spinal cord injury resulting from a congenital defect in my spine. I kept the left foot rest folded up and put my weak right leg on the right foot rest. I used my fairly good left leg to propel the wheelchair backwards (it is hard to use a leg to move the wheelchair fast forwards – try it!) as my arms were a little too weak to get the wheelchair start moving from a stop and too weak to go very far. The officers are required NOT to push inmates in wheelchairs, but Officer Boutte, who does transport for female inmates, always pushed my wheelchair, because it was obvious I was too weak to push it very far. He was illegally not allowed to testify on my behalf.

Unit officers open cell doors for meal and time in the common room, a large hall with tables and chairs, and inmates can open the cell doors and leave their cells when the doors are unlocked part of the day.

I had great difficulty opening the cell door and maneuvering my wheelchair out of the cell. I had to do this backwards pushing with my left leg and then wedging my arms in the door jams so as to get more force to help my leg push the door open with the back of the wheelchair. At least half the time, a nurse or inmate would take pity and help me open the door. Only one officer actually helped me open the door. The others were sadistic. I often didn’t bother, because I wasn’t eating anyways, and more and more stayed in bed, too weak to do anything. My pulse was consistently rapid and I was consistently short of breath if I tried to stand up or move around. I suffered at least 4 asthma attackes in the few days before this incident due to exposure to inmates who were smoking or exposure to floor cleaning solutions. The medical staff didn’t care to protect me from this. This further weakened me. My attorney was illegally not allowed to present the paramedic reports about these asthma attacks to the jury.

Sgt. Anthony Salemi came to my cell on May 16, 2005, sent the female unit officer away, and cracked the door open to talk with me. I was next to the cell door as I had banged on it trying to get the unit officer to call a sergeant or lieutenant so I could make verbal complaints again, that they continually ignored. The department rules require that a male officer may NOT enter a female inmate’s cell without a witness, except in a life-threatening emergency. There was no life-threatening emergency.

Sgt. Anthony Salemi told me “I’m going to make a case so you don’t get out.” He then opened the door enough to lunge in and grab my neck with his left hand. Sgt. Hernandez and several officers later told me to “get that ***” in court because he “only attacks women”. The door shut behind him.

The force of his attack made the wheelchair propel backwards. He stumbled and slid down a bit, skinning his shins on the footrests, more so on the left as the left footrest was folded up and sticking out less. The wheelchair spun a little to the right. We were now in the middle of the cell nearer the bed. I curled up in a ball somewhat, leaning to my right side so I could wedge my left shoeless foot against his chest to try to pry him off. His harry arms were very strong, like tree trunks and my arms were too weak in my feeble attempts to pull his hand off of my neck. He got mad when I pushed his chest with my foot and let go. Then he rapidly grabbed my left arm with his left hand, while he yanked the wheelchair out from under me, simultaneously flipping me off the wheelchair against the hospital bed railing that was down.

I landed against the bed and on my right knee and hands. My right middle toe got caught in the right foot rest and became severely contused. It later swelled up like a grape, black and blue.  I was stunned and terrified. I didn’t know what to expect next and feared for my life. The wheelchair had two posts on either side of the seat where the missing armrests insert. They were slightly higher than the seat and hard metal. As he pulled the wheelchair out from under me, they raked my thighs and caused huge contusions – testimony in court described “bruises on (L) – Upper posterior thigh (4” X 2”), (R) Inner upper thigh (6 ½ “ X 3 ½ “) (R) Third metatarsal toe.” Officer unit log notes describe a bruise on my right knee. No one carefully examined me, so they didn’t write down the bruises on my left arm in the shape of fingers. The doctor, days later, ordered multiple X-rays due to the extent of contusions to rule out fractures. He however did not examine me in any way other than to visualize a few bruises. He was not called to testify.

I have post-traumatic-stress disorder because I was  previously attacked by men. This attack by Sgt. Salemi put me into a flashback and was crying and screaming hysterical to “stay away from me”, as well as cowering after this attack. I let no one touch me or view my injuries for several shifts and simply cowered in the bed and was silent.

Sgt. Salemi falsified his records and said from a dead stop in the middle of the cell, I “surprised him” while he was looking at me, accelerated the wheelchair and rammed it into him, skinning his shins and making him fall. He said the cell door stayed open on its own but no one saw him fall out of the door or in any way (the cell doors have heavy hydraulic door closing mechanisms that make them close automatically so this is a lie).

He said he was too surprised to protect himself! He said he then got up and I kicked him while sitting in the wheelchair in the chest with my RIGHT leg (sofus quotes him in her report) so hard that he was pushed against the “closed” door. He does not explain how the door remained open on its own and then mysteriously closed so he could be kicked against it. In his testimony at trial, Sgt. Salemi stated that I raised both legs and kicked him in the chest, while the wheelchair was rolling backwards with such force he was thrown against the door several feet away!

In his incident report and Inv. Sofus’ investigative report they state that I was at the cell door stating “I’m coming out” and as he opened the door, while facing forward, rammed Salemi and kicked him, but somehow, none of the inmates eating dinner in the hall, the officer or others saw me, except nurse Ogali, who stated that Salemi’s body was blocking the door way with him standing in the threshold and the door against his shoulder, and she only saw me move my wheelchair towards the door and did not see me ram or kick him, but did see him bend down after entering the cell and removing the wheelchair. She said she couldn’t see everything because the cell door window starts 4 feet up off the floor and she was sitting in the nurse’s station 15 feet away kitty corner to the cell.

Inv. Sofus came to my cell on the next day, like  a bull in a China shop in a very butch manner. She asked bruskly if I would answer her questions. She was very confrontational in her demeanor, and obviously not willing to listen to facts. I was laying in bed and so traumatized that I said leave me alone, I won’t talk to anyone without an attorney.

Inv. Sofus failed in her duty to preserve the “weapon”, the broken wheelchair, that would have exonerated me.  Judge Kazmierski through judicial misconduct failed to dismiss the case due to this fact, which is required by previous United States Supreme Court decisions holding that when the State destroys or fails to preserve a weapon in a crime the case must be dismissed.

She failed to ask anyone about my medical conditions and didn’t mention them at all in her grand jury testimony or her report. Judge Kazmierski illegally prevented my attorney from essentially asking any questions to point out all the discrepencies and negligent investigation to the jury. Therefore, he was illegally prohibited by the court from impeaching Sgt. Salemi, the only witness against me (who  presented only perjured statements), by using the testimony and reports of Inv. Sofus. 

Sgt. Salemi also committed perjury in stating that all wheelchairs in the jail are in perfect working condition. Another officer at sentencing (illegally not allowed to testify at trial) stated “its a jail!” and that “the cell doors close automatically.” He also testified that most of the wheelchairs are in poor condition and broken. Inv. Sofus would have noted this if she wasn’t so negligent, careless, arrogant, and incompetent. She failed to write in her report important details and observations. She appears to do a selective investigation, only including details credible or not, verified or not, that support the allegation. She carefully hides or avoids writing down any exculpatory evidence that proves the person innocent. A real Gestapo type!

A few days later, a nurse documented my extensive contusions. Inv. Sofus failed to follow-up to see if I was injured. She and all the jail staff refused to take photos of these injuries, but took photos of Sgt. Salemi’s shin which revealed several inch long abrasions running up them. If he was rammed, he would have had one linear horizontal mark or bruise on his lower leg near his ankle on the left and one short mark on his right shin corresponding to the wheelchair folded up footrest. There would be no long linear abrasions running up his shins, which are consistent with my story that he stumbled and slid down against the foot rests, not with his story.

As Sgt. Salemi was the ONLY witness with testimony against me and his testimony was not believable as not compatible with the photos/injuries of his shins or my injuries, as well as his testimony was contradictory in itself and with the statements of others, the State actually presented not one shred of credible evidence against me.

The conviction was due to extreme prosecutorial and judicial misconduct that mislead the jury, mis-stated the facts to the jury in closing and ignored the evidence.  See my appeal: http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

What kind of an investigator is so negligent to not even identify the medical condition of a person on a medical unit when investigating a crime that requires physical force and strength to accomplish, and who fails to preserve the alleged weapon (the broken wheelchair), as well as fails to note the discrepencies in the story by Sgt. Salemi that contradict the notes of the officers in the unit logs about the broken wheelchair as well as other officer’s testimony (only allowed after trial at sentencing hearing) that the cell doors cannot stay open on their own??

Case 2:

Maisha Hamilton Bennett, Ph.d, a psychologist was wrongfully incarcerated after a wrongful conviction at the Cook County Jail in July and August 2009 on fraudulent charges brought by the corrupt IL Attorney General Lisa Madigan. See: https://drlindashelton.wordpress.com/2009/08/31/mental-health-care-denied-poor-in-illinois/ and https://drlindashelton.wordpress.com/free-dr-maisha-hamilton-bennett/

She was being transferred and called me to come pick up five bags of legal documents so they would not be thrown out. I had gone to visit her in mid-July and after my visit, as I was waiting for some papers Dr. Hamilton Bennett wan’t me to take home that she had arranged to have the social worker give to me, Sgt. Alex Cruz assaulted me by yelling at me that I had to leave or I would be arrested because former inmates cannot visit during the year after release (It has been more than one year since my release – this “rule” also is not posted anywhere and inmates when released are not informed about this “rule” – I’m not even sure this rule is legal). I left because I didn’t feel like arguing and being wrongfully arrested that day.

On or about August 26th, Jail Social Worker Richardson called me and told me to come pick up Dr. Hamilton Bennett’s papers. Due to the fact I have several suits againt the Sheriff and his corrupt staff, I called the Jail’s Executive office on or about August 27th and asked the Jail ExecutiveDirector’s Assistant if I could have an escort so I would not be harassed. She refused to connect me with any higher officer and said I wouldn’t be harassed or falsely arrested. I called the Jail’s legal office and they said they couldn’t do anything as they don’t arrange escorts. I called Sheriff’s Dart’s Office at the Daley Center and his Executive Assistant also said they do not arrange escorts into the jail, no one would harass me, and that there was not problem with me picking up documents for an inmate being transferrred out.

I came on Friday August 28 and picked up three bags of documents and said I would come back for the rest.

I returned on Monday, August 31, 2009 to pick up the rest of the documents. At the entrance, I was held up unusually long while Sgt. Arthur at the gate called Sgt. Cruz. I was then let in. I told them that I had the OK from the executive and Sheriff’s office and they promised me no one would bother me. They refused to call the executive office of the jail or the Sheriff’s office.

Officer Levy was at the desk in the visitor area. She is one of the guards I am suing for holding me down and kicking me with their boots. See: http://www.scribd.com/doc/19434501/Shelton-1983-Against-Cook-County-Sheriff-Illegal-Administration-Psychotropic-Drugs-and-Battery-2009

I told Deputy Levy that why I was there and that Dr. Hamilton Bennett told me to ask for Kim Laster who was in charge of property in the Annex of Division 3. She had arranged with her to transfer the last two bags of documents to me. Deputy Levy instead called a female Lt. Prescott who came out to talk to me. Lt. Prescott was immediately hostile, verbally aggressive, and wouldn’t listen. She went out and came back and said I had to leave that I couldn’t pick up any property. Social Worker Vaughn said Ms. Richardson wasn’t there and nobody can ever pick up property – a lie. I told them I had already picked up three bags and had the OK from their superiors, as well as that I was not an inmate there during the last year.

Lt. Prescott called the guardhouse and they sent over a tall obese African-American officer Delgado, who was very polite, and female African-American officer Gonzalez. They tried to push me to the gate. I let go of my walker and sat on the ground and told them I had permission to pick up property, the property was available, I was to talk to Ofc. Laster, Ms. Richardson had called me to come there, and that I had already picked up three bags and was there for the last two. I told them they were illegaly harassing me, disobeying their superiors, and committing a federal felony as I am a federal witness against many officers at the jail , have federal suits against them, so this could be construed as an illegal penalty on the exercise of my and Dr. Hamilton Bennetts civil rights, as well as a felony civil rights violation including harssing a federal witness.

Ofc. Delgado, said if we went to the front gate, they were in a different department and they would call the executive office and solve the problem so I walked there with them using my walker. I however was getting a bit overheated from their assault on me and had been suffering from a viral infection for several days.

At the front gate guard house, Sgt. Arthur refused to call the executive office or solve the problem and insisted that I leave saying that Lt. Prescott had informed him that I could not pick up any property.  I told him he was wrong and all the crimes he was committing. Sgt. Arthur then had the deputies handcuff me and said they were arresting me for “vagrancy”. He called the Sheriff’s police and Inv. Sofus, Sgt. Robert J. Fitzgerald and Correctional Officer Sgt. James P. Aurenz responded.

Before they arrived I began to feel poorly from being overheated and this triggered my fainting and heart arrythmia. The deputies wouldn’t let me take off my suit jacket and lie down on the bench. So, just as I felt I was going to pass out, I lay down on the floor. When Inv. Sofus and her buddies arrive I tried to abort passing out by using the bathroom and putting cold water on myself. Sgt. Aurenz was kind enough to let me do this. Then when I came back to the bench and lied down, now without handcuffs, I briefly lost consciousness. I may have had brief episodes of irregular breathing. I don’t think I was responsive. An ambulance was called.

When the ambulance arrived I was coming out of the confusion after waking up. In the ambulance I told them I wanted to sign a release and go get the property I was there to get. I was still very short of breath and had difficulty standing so I crawled toward the guard house.

Then I became more alert and recognized Inv. Sofus as the person who had suborned perjury and collaberated with the misconduct of Sgt. Salemi. I went into a brief flashback reliving in a dream like state the assault on me by Sgt. Salemi. Then I tried to get into the guard house to go get the two bags.

At this point Inv. Sofus arrested me for “disorderly conduct.”

It is illegal to harass a federal witness.

It is illegal to deny me entrance to the jail without cause.

It is illegal to deny Dr. Hamilton Bennett the right to have someone pick up her property when she is being transferred.

It is illegal for an officer to commit a crime and arrest someone without probable cause in order to cover-up for their misconduct.

An arrest must have a good faith  probable cause. There was none.

After being arrested Sgt. Aurenz let me explain to him what happened. His response was that they have no authority because the “chain of command” prevents it to call the executive office or Ofc. Laster or Social Worker Richardson to check out the story.

The law says that theydo have a DUTY to investigate exculpatory evidence brought to them after an arrest, they do have a DUTY to drop charges when they discover the arrest was without probable cause, and they do have a DUTY to protect a federal witness against assault.

This is a grotesque civil rights violaton and may rise to the level of a felony civil rights violation under federal law.

The due process clause of the constitution secures the individual from arbitrary exercise of the powers of the government and prevents governmental power from being used for purposes of oppression.

Was this arrest arbitrary? – YES

Was this arrest used for purposes of oppressions? – YES

Was this a scheme to deny civil rights? – YES

Does this shock the conscience? – YES

Its time for Inv. Sofus, Sgt. Salemi, and the other puppets of corruption who are arrogant, power-grabbing, incompetent, violate law with impunity, and commit perjury with impunity, to be arrested, lose their jobs, and brought before the federal court.

Please write the following persons and urge them to act quickly to stop this totalitarian police state called Cook County:

Asst. U.S. Attorney Patrick Fitzgerald, Office of U.S. Attorney, 219 S. Dearborn, 5th Floor, Chicago  IL, 60604

Special Agent Robert Grant, Chicago FBI, 2111 W. Roosevelt Road, Chicago IL, 60608

Anita Alvarez, Cook County States Attorney, 50 West Washington, Rm 500, Chicago IL, 60602

President Barrack Obama, The White House, 1600 Pennsylvania Ae. NW, Washington DC, 20500

Senator Richard Durbin

Senator Roland Burris

Your representative

The press in your community and nationally.

If you’re in Chicago, come to my trials ( I have been arrested 5 times illegally in 2009 for the above type nonsense without probable cause). Watch my blog: https://drlindashelton.wordpress.com/ for court dates. If possible donate to my legal fund.  I am now indigent,  as a result of fighting for our Constitutional rights and catastrophic medical problems. Donations can be sent to:

Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd floor, Chicago  IL, 60625

They are NOT tax deductible and will be used for my defense and suits against corrupt officials.

PLEASE, MOST IMPORTANTLY, HELP RAISE GRASS ROOTS AWARENESS OF THE ATROCIOUS VIOLATION OF CIVIL RIGHTS IN COOK COUNTY AND ILLINOIS THAT I HAVE DOCUMENTED ON THIS AND MY OTHER WEB SITES THAT YOU CAN ACCESS THROUGH LINKS ON THIS WEB SITE.    COPY MY WRITINGS AND POST THEM ANYWAY YOU WANT.    THANK YOU FOR YOUR ASSISTANCE!!

Mental Health Care Denied Poor in Illinois

August 31, 2009

The following is A SCHEME TO DENY MENTAL HEALTH CARE IN ILLINOIS TO PERSONS ON MEDICAID.

 Illinois has essentially de facto suspended Dr. Bennett’s Constitutional right to relief from a wrongful conviction by a Habeas petition. Attorney General Lisa Madigan has committed fraud upon the court and the Cook County Circuit Court Judge Lon Schultz has violated Federal and State law, the Constitution, and all morality by convicting her on a charge of Medicaid vendor fraud.

 Please read this carefully and write the Asst. U.S. Attorney General in Chicago, Patrick Fitzgerald – Office of U.S. Attorney General, 219 S. Dearborn, Fifth Floor, Chicago, Illinois, 60604; Director of the Chicago FBI, Robert Grant and the Director of the Task Force on Public Corruption, Special Agent Casanovich, Chicago FBI, 2111 S. Roosevelt Road, Chicago, Illinois 60608, as well as inform the press with letters and phone calls about this gross injustice. Help me disseminate this information far and wide around the world, until agents of the United States government intervene to stop this injustice.

 HABEAS LAW VIOLATED

In March 2009 Dr. Maisha Hamilton Bennett filed a petition for writ of habeas corpus (the grand writ guaranteed by the United States Constitution) in the Illinois Court system. It found its way to the Chancery Court Division of the Cook County Circuit Court before Judge Stuart Palmer. A habeas petition is a last resort step when the court system has failed to free an innocent person or a person whose rights under the Constitution’s Bill of Rights were so violated that they were denied a fair trial.

 Illinois law requires the petition to be heard “promptly” and the warden to bring the prisoner before the court, the court to order the State to produce evidence that the person is being legally held, and allow the prisoner to rebut this evidence and prove he/she has been illegally held because they are actually innocent, the indictment was invalid, no crime was alleged, the court had no jurisdiction, or the Bill of Rights was violated and the person did not receive a fair trial. See: 735 ILCS 5/10‑103, 106, the Illinois Habeas Statute. See: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+X&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=62279&SeqStart=73000000&SeqEnd=76800000&ActName=Code+of+Civil+Procedure%2E .

 To date Judge Palmer has refused to hear the habeas petition, recently transferred it to criminal court, where presiding criminal court Judge Biebel is also delaying hearing the petition for weeks to months.  The law actually says that any judge who refuses to hear the petition “promptly” shall be referred to the States Attorney or Attorney General for prosecution of this illegal act and when found guilty should be fined $1000 and the money paid to the prisoner.

 WRONGFUL CONVICTION DR. BENNETT FOR MEDICAID FRAUD WHEN SHE WAS ACTUALLY PROVIDING EXCELLENT MENTAL HEALTH CARE

 Dr. Bennett is innocent because the indictment is legally void – it didn’t adequately state the facts charged so was impermissibly vague, the Federal Medicaid Law allows the conduct that the State says is criminal – thus the Constitutional Supremacy clause was violated – state laws are invalid if they go against federal law, the trial was conducted unfairly, the alleged prosecutor, Attorney General Lisa Madigan violated the law and committed extreme prosecutorial misconduct and the court had NO jurisdiction as a result. For case law and detailed discuss of Code pertaining to Federal Medicaid Code see:

1) Memisovski v. Maram, [Transfer Binder 2004-2] Medicare & Medicaid Guide (CCH) ¶ 301,515, in that it violates 42 U.S.C. 1396a(a)30(A) – Federal Judge Joan Lefkow ruled in 2004 that the Illinois Medicaid Rules violate the Federal Medicaid Code in that they deny access to care to persons on Medicaid for their medical insurance;

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

3) http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html .

 Dr. Bennett was wrongfully convicted of Medicaid vendor fraud in 2003 and is being held in jail without bond. (Now for over 18 months) She is alleged to have ghost-billed for mental health services either not done or done by non-physicians in her practice group practice – she is a Ph.D psychologist and owner of the group, Hamilton Wholistic Healthcare, and alleged to have caused bills to be sent to Medicaid under the name of the practice’s medical director, a physician, who did not see the patients.

 The facts are that Hamilton Wholistic Healthcare was an Illinois Certified Alcohol and Drug Treatment Center run by Trinity Hospital and then when Trinity pulled out, run by Hamilton Wholistic Healthcare. It was an INPATIENT center. Counselors who were M.S. and Ph.D. psychologists as well as physicians when they needed medication treated the patients. The patients’ children were also evaluated and treated with counseling or the parents were counseled. The law allows a service provider to bill the insurer for providing service to the child when the parent is counseled without the child present. The AMA code book for services states this fact. Insurance companies pay these bills with no problems.

 The State put a grandmother on the stand, who was caring for several grandchildren while their mother was in the inpatient drug-treatment center, and she said she was not aware the children were counseled when they visited their mother in the inpatient center. This was the “basis” for the ghost-billing charge. Under federal HIPAA laws the mental health counselors and doctors are NOT ALLOWED to inform the grandmother as she was not the legally guardian. These privacy laws forbid discussions with the grandmother without the mother’s consent. The fact that she didn’t know did not prove anything. It certainly did not prove that the children or the mother were not counseled about how to deal with the drug-addicted mother or parenting.  This was NOT explained to the jury.

 The defense attorney was incompetent in that he failed to put on the stand the counselors so they could introduce the fact the kids and mother were counseled. The law DOES NOT ALLOW the attorney to place into evidence the medical record – only testimony about the medical record, in criminal trials. This is because medical records are considered hearsay and cannot be cross-examined. He failed to put on the stand the children who were then old enough to testify. He failed to put on the stand the mother.

 The billing agent made an error that she admitted she did because the IL Medicaid Provider Service Unit representative told her to do it. This representative told the billing agent, Louise Moore owner of Data Medical Works, that only physicians names could be on bills, so Ms. Moore forged the signature of the medical director on a power of attorney form which allows Ms. Moore to put the doctor’s name on electronic bills, on a Blue Cross/Blue Shield electronic partner trading agreement which allows BC/BS to accept the bills over the wires (computer) on behalf of Medicaid, check them for errors as a service to Medicaid, and forward them to Medicaid. She also forged signatures on an alternate payee agreement so that the checks would be written by Medicaid to Hamilton Wholistic Healthcare instead of to the physician medical director. These checks were immediately deposited in the corporate bank account and not in Dr. Bennett’s bank account. None of this was told to the jury. Dr. Bennett was even charged with this forgery, but the charges of forgery were dropped. I saw the alleged forged documents. They had signatures that appeared to be in the handwriting style of Ms. Moore and many of the alleged invoices’ provider signature presented to the crime lab in the perjury charge appeared to be cut-outs from the handwriting exemplars (handwriting samples) that Ms. Bennett was forced to provide where she was told to write the medical director’s name 30 times or so on a piece of paper. Even my teenage son, at the time, was able to match specific signatures from the handwriting exemplars to specific invoices. The crime lab rejected the invoices for analysis because the man I suspect of fabricating them by cutting out handwriting exemplars, State Police Investigator William Reibel, refused to produce originals. That is why the charges were dropped, to my understanding.

 Community alcohol and drug addiction treatment centers, per Illinois Statute, separate from the Illinois Medicaid Code, are allowed to bill Medicaid under their corporate name and not a doctor’s name and to bill for services of non-physician counselors and psychologists, as long as a physician medical director sets policy – not that she sees patients.

 Hamilton Wholistic Healthcare sent patient encounter forms to Ms. Moore listing the counselor’s name and not the doctor’s name, for each clinic visit when a patient was seen by the counselor in or out of the inpatient center. Without Dr. Bennett’s knowledge (she was the CEO) Ms Moore changed the name of the provider counselor on the electronic bill she generated from these patient encounter forms to the name of the doctor medical director and sent them in to Medicaid electronically. Medicaid then paid Hamilton Wholistic Healthcare. The payments went as salaries to the counselors and to overhead. A small percent went to the CEO. The total amount received from Medicaid for several years was about $400,000.

 Therefore, Dr. Bennett is innocent because she was not involved in putting the medical director’s name on the electronic bills. She did not profit from this error. The federal and state laws allow physicians to bill for their employees. Ms. Moore should have used the name of the corporation and not the name of the medical director on the electronic bills. There was clearly no intent to defraud.  All services were actually provided and addicts received appropriate treatment, as did their children who needed counseling to cope with this situation of an addicted parent.

 There was an administrative error that WAS NOT A CRIME in that the name of a physician medical director instead of the group name was put on the bill, by order of the Medicaid Provider Service Unit representative. All services were provided; only the incorrect provider name was on the electronic invoice, at the direction of Medicaid to Ms. Moore.

As 80 % or more of mental health services are provided by non-physician psychologists, psychiatric nurse counselors, psychiatric social worker counselors, drug-addiction counselors (all licensed in Illinois) and their supervised students, it is bizarre and simply wrong for the State to claim that ONLY physicians can provide mental health services and Medicaid won’t pay for non-physician services (unless provided by a certified and licensed community mental health center.)  This would prevent access to care for Medicaid patients to ALL private psychologists, counselors, etc.  This is simply a fraudulent scheme to deny mental health care to persons on Medicaid to save the Illinois budget. This is also a scheme AG Lisa Madigan uses to claim she is “tough on fraud” and to take advantage of the present climate of hating physicians. These fraudulent indictments of Psychologists and psychiatrist are used as a smoke screen and scapegoat to hide the fact Illinois is violating the Federal Medicaid Code and the Constitution. I was also fraudulently indicted, but found NOT guilty because I had a good attorney. Dr. Bennett did not have a good attorney.

 The Illinois Attorney General’s statement about the conviction that Dr. Bennett is a scumbag who ripped the state off for $400,000 billing for mental health services for children that never were provided is nothing but a bald faced lie.  AG Lisa Madigan should be impeached for fraud upon the court and fraud upon the public.

 This is penny wise and pound foolish, as failure to treat mental health patients increases, suicide, family break-up, and crime, as well as increased cost to the state for welfare, criminal justice, prison, and hospital care.

 Mental Health care in Illinois to poor persons is virtually non-existent. The United States healthcare system is in meltdown and our legislators are acting like children instead of addressing the issues.  I miss Senator “Teddy” Kennedy deeply! God Help Us!

Wrongfully Convicted Asks Jurors to Read Her Appeal, Help Correct Their Mistake

August 18, 2009

I want to publicly ask the 12 jurors who wrongfully convicted me to read my appeal, find out what was withheld from them illegally; find out what lies were told by the prosecutor and what judicial misconduct was done by the judge that denied me a fair trial. Then tell me they still think I’m guilty. 

I believe jurors should be held accountable and should have to read the appeal.  If they then think I should have been found innocent, they should speak out about the corrupt system and how prosecutorial and judicial misconduct was used to bias them and wrongfully convict me.

My appeal can be read at the following link:

http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

The jurors names and general place of residence are as follows, which is public record, as they were stated in open court and their names are signed on the guilty verdict form. I wrote them after the trial asking them to review information that was withheld from them and to tell me if this would have changed their decision. NOT ONE had the courtesy to write me with an answer. I promised not to write them again, so I am simply putting this on the Internet and hoping their conscience bothers them enough to read it and correct their harmful mistake as the right thing to do:

William Moldenhauer          Northwest Side of Chicago

Francine Prisby                      Arlington Heights

Joanne Goodloue

David Bennett                          North Side of Chicago

Cayetano Silva                       Northwest Side of Chicago

Betty Jackson                         South Side of Chicago

Margaret Polovchak             Northwest Suburb of Chicago

Donna Smith                           South Side of Chicago

Brian Tobola                           Southwest Side of Chicago

Sarah Iwema                           Northwest Suburb of Chicago

Ana Arroyo                            Southwest Side of Chicago

Linda Engeman                     South Cook County

If any of these people have the guts to contact me, they can do so at my e-mail address:

picepil@aol.com

Dr Shelton found NOT GUILTY of Medicaid Vendor Fraud – Suit Against IL AG Lisa Madigan, Judge Alonso & Pantle & IL Medicaid Fraud Unit

February 27, 2009

I am now suing the sham Judges Pantle and Alonso, the sham prosecutor IL AG Lisa Madigan and incompetent and corrupt members of the IL Medicaid Fraud Control Unit, Inv. Reibel, Patrick Keenan and others for malicious prosecution, wrongful arrest, wrongful incarceration, and conspiracy to violate civil rights under color of law [in retaliation of me as a whistle blower]. See Federal case in the Northern District of Illinois, Federal District Court, 06 CV 4259, available at the court website called “Pacer”. Anyone can sign up for free, but documents costs 0.08 cents a page to download.

The following is a letter to Special Agent Robert Grant, Director of FBI office in Chicago. Please write him and urge him to follow my suggestions!

Dir. Robert Grant
Chicago Office – FBI
2111 West Roosevelt Road
Chicago, IL 60608-1128
(312) 421-6700

After unconstitutional rulings by Circuit Court of Cook Co Judge Alonso that fixed my trial and made wrongful conviction certain unless there was jury nullification I didn’t show up for my State trial on Medicaid vendor fraud for which I am innocent. The jury made a finding of NOT GUILTY and Judge Alonso quashed the warrant for arrest on the basis of jumping bail and disobeying his orders because he said “what’s the point.” Now why don’t you read what I sent you and get the Cook County State’s attorney to arrest Itadel Shalabi and Nareman Taha for perjury [they are the ones who fabricated bills for Medicaid to get payment for patients they didn’t see] and indict Louise Moore of Data Medical Works for Medicaid fraud [she bills for her billing services for the last ten years by percentage (8 %) which amounts to fraud as you know] and also for forgery as she forged my name on a power of attorney form, blue cross/blue shield electronic partner trading agreement, and alternate payee agreement so that Moore could put my name as a doctor and my Medicaid provider number on the invoices sent to Medicaid for services not done and encounter forms fabricated by Shalabi and Taha, and then Shalabi and Taha who were partners of Vernon Glass the CEO , could sign checks to themselves when the money came into the business Right Frame of Mind & Associates. Why don’t you arrest MFCU Inv. Reibel for falsifying his records and take over all Medicaid Fraud investigations in IL before the dysfunctional MFCU mucks up any more. Vernon Glass is innocent too, yet he must also stand trial? I want to talk to you and give you all the evidence which I now have to prove the above. What’s wrong with you?

Read my blog: http://illinoiscorruption.blogspot.com/ for more details.

As to the Sen. Burris issue what’s wrong with you. Read the following. Why aren’t you going after Lisa Madigan and other members of the real cabal of corruption in Illinois? As I told you, only a “Truth Commission” will really bring the light of day to corruption so it can no longer thrive. Why are you and the U.S. Attorney being so sloppy and ignoring your best witnesses such as Vernon Glass, Maisha Hamilton, me [Dr Linda Shelton] and so many others I can refer you too. The cabal have been destroying us as witnesses by falsely accusing us of crimes or defaming us with false accusation of mental illness. You and the U.S. Attorney are puppets of this cabal by your ignorance and actions ignoring us and feeding these false rumors.

Unbelievably, the jury was a group of well educated individuals who lived primarily in downtown Chicago. They saw through the lies of the prosecutor and the judge’s unconstitutional rulings and came back with a verdict of NOT GUILTY. Then the judge gave up, said “what’s the point” [of the arrest warrant he issued on 2-18-09 when I refused to come to the trial and disappeared”.] He then quashed the arrest warrant. So now I am home and I will pursue a suit for malicious prosecution, wrongful arrest, conspiracy to violate rights under color of law and violation of civil rights against the sham prosecutor IL Atty Gen Lisa Madigan who had no legal authority to usurp the powers of the State’s Attorney and indict or prosecute anyone. The Constitution and laws in Illinois specify that ONLY the State’s Attorney can decide charges, indict and prosecute most crimes. The AG is given authority by law to alone prosecute about 8 crimes such as gambling and environmental crimes. Medicaid vendor fraud is NOT one of them. The SA was never involved int his case. Since the IL AG had no jurisdiction, the court had no jurisdiction. Therefore, the prosecutor and the judge lose absolute immunity. Lack of jurisdiction is the only reason they lose immunity. So I have a suit in federal court now against IL AG Madigan, Judge Pantle, Judge Alonso, and the State Police personal at the IL Medicaid Fraud Control Unit. I wish the US Attorney would get involved as the IL MFCU is so sloppy at investigations that they arrest the wrong people, destroy evidence against the real criminals and allow themselves to be used as a weapon against whistle blowers for political benefit….

I am astonished that you have not interviewed Dr. Maisha Hamilton Bennett, who was wrongfully convicted of [Medicaid fraud, Naomi Jennings who was wrongfully convicted, me [Dr Linda Shelton] or Vernon Glass on the issue of wrongfully alleged Medicaid fraud in Illinois and the illegal and unconstitutional actions of the IL MFCU as well as the scheme by IL Government to deny mental health care to patients on Medicaid. This is a big economic issue as failure to treat mental health care increases crime, welfare costs, and Medicaid costs. You are contributing to economic failure by failing to properly deal with this issue! This is also an act of felony violation of civil rights and ADA violations by IL Government!

Sincerely,

Linda Lorincz Shelton, Ph.D., M.D.
e-mail = picepil@aol.com


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