Posts Tagged ‘malicious prosecution’

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.

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IL AG Lisa Madigan – like the Colonel in movie – A Few Good Men

September 17, 2012

The following quote is by unknown on web site http://www.illinoiscorruption.net

Like actor Jack Nicholson in the movie A Few Good Men [from Wikepedia – “a 1992 American drama film directed by Rob Reiner and starring Tom Cruise, Jack Nicholson, and Demi Moore. It was adapted for the screen by Aaron Sorkin from his play of the same name. A courtroom drama, the film revolves around the court martial of two U.S. Marines charged with the murder of a fellow Marine and the tribulations of their lawyer as he prepares a case to defend his clients”] —

Here’s “what [Illinois Attorney General ]Lisa Madigan might say[about corrupt Save-A-Life Foundation and their felony funding fraud – obtaining government grants from Homeland Security, Chicago Public Schools, State of Illinois, etc.]

You can’t handle the truth. Son, we live in a world with expensive political campaigns and those campaigns need to be financed by someone. Who’s going to do it? You Annabel Melongo? You ABC? I have a greater gubernatorial ambition that you can possibly fathom. You weep for the [wrongfully appropriated tax] money and curse Carol Spizzirri. You have that luxury. You have the luxury of not knowing what a campaign costs. Carol Spizzirri’s though full of lies and deceptions saves [corrupt] political lives. My refusal to prosecute Jon Burge though calculated and incomprehensible to you saves my career. I don’t want them prosecuted because deep down I know that’s what we do in Illinois. I need Carol Spizzirri in that role. I want her in that role. In Illinois we use words like earmarks, connections, pay-to-play. We use these words as the backbone of our politics. Other states use them as punch lines. I have neither the time nor the inclination to explain myself to people who rise and sleep under the blanket of the legal system I provide and then question the manner in which I provide it. I would rather want they say thank you and go on their way otherwise I suggest they go through a campaign. Either way, I don’t give a damn what people think they’re entitle to.

For more information about Annabel Melongo’s criminal cases and her friend Dr Linda Shelton’s attempt to help her read here.

For an update on Melongo’s cases read here.

For a Petition to United States Supreme Court regarding Shelton’s attempts to help Melongo read here.

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!!

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

Judge Alonso Overturns Federal Medicaid Code – Denies Mental Health Care to Illinoisans on Medicaid

February 12, 2009

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

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

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

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

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

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

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

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

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

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

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

The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination.

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

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

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

Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers – another center with its own enabling State Statue).

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

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

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

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

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

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

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

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

Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Sentators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid.

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

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

The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this “routine review” concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status. The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.

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

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

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

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

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

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

United States Code42 U.S.C. §1396a(a)(32)(C)
Congress further authorized substitute billing under Medicaid for services furnished:
“by, or incident to the services” of another physician

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

Code of Federal Regulations42 CFR 411.15
“Particular services exclude from coverage” specifically states that:
“(m) (3) Exceptions. The following services are not excluded from coverage:

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

•(v) Qualified psychologist services,”

FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL
•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).
The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.

State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)
•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers
•Private insurance pays for psychiatric services provided by counselors and psychologists
•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO

42 U.S.C. 1396a(a)30(A)
A State plan for medical assistance must
Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are … sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area“,

Ambiguous State Laws Must be Interpreted to Conform to Fed Law
•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,
•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.
•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).

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

•Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. She also discovered the Illinois Community Mental Health Center Code.

Illinois Administrative Code (IAC)
89 IAC 140.12

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

Illinois Administrative Code
89 IAC 140.400(a)
“Payment to Practitioners”
“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”

Illinois Administrative Code
89 IAC 140.411

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

Illinois Administrative Code
89 IAC 140.413

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

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

UNCONSTITUTIONAL STATE CLAIM
State falsely claims use of word “physician” in 89 IAC 140.413 negates definition of
“physician services”, which includes incident services by physician’s employees as defined in 89 IAC 140.400(a), 89 IAC 140.411

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

IAC TOO VAGUE
•Criminal Laws are invalid if too vague to understand (“void for vagueness doctrine”)
•Illinois Administrative Code too vague in sections:
89 IAC 140.12,
89 IAC 140.400,
89 IAC 140.411, and
89 IAC 140.413
Illinois Administrative Code
•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?
•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?

STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)
Specific Controls over General
•89 IAC 140.400 & 89 IAC 140.411
more specific “physician services” includes non-physician employee services
•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician

Federal Law Rules
42 CFR 414.34
Services by Physician’s staff are billed as IF the Physician Performed the Services Himself

If State and Federal Law conflicts, Federal Law Rules
Due to the Supremacy Clause of the United States Constitution

FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:
• 42 USC 1396d “Definitions For purposes of this chapter
• (r) Early and periodic screening, diagnostic, and treatment services

•The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:
• (1) Screening services –
• (A) which are provided –
•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;
• . . .
•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”

STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES
•89 IAC 140.485 states:
•“Healthy Kids Program
•Program Description
–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:
•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health
•…
•8) Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,
•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:
•“5/19. Healthy Kids Program
•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”

Dr Shelton was a Medicaid Registered EPSTD Provider

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

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

Impeach Judge Kathleen Pantle

January 3, 2009

Judges should be impeached when their conduct so intentionally impeads justice and so intentionally violates the Bill of Rights that they bring great disgrace upon the courts and cause great injustice. These impeachable acts are not just a mistake of law, or a judicial error, but rise to the level of intentional, disgraceful, illegal, unconstitutional, acts of harassment, retaliation, bullying, obstruction of justice, and aiding and abetting felony misconduct of prosecutors. These acts have caused great harm to their victims.  

I propose that articles of impeachment  should be brought against the following judge for the following reasons:

Dishonorable Judge Kathleen Pantle:

Dishon. Judge Pantle purposely violates the Constitution and the laws of both the United States and the country:

1. She issues excessive and unconstitutional bail orders out of spite, animosity, arrogance, narcissism, and deceit, even without a formal charge or due process.

On June 15, 2005 she raised my bail on a fraudulent Medicaid vendor fraud charge, upon a motion from the State for violation of bail, from a $10,000 personal recognizance bail to a $100,000 D-Bond (requires 10% payment) despite the fact she had declared me indigent, I am disabled, I had no criminal record, and I care for an elderly disabled father.  I had been jailed wrongfully by Pantle for contempt because I told her she was violating the law and had no jurisdiction in this void case, then politely attempted to walk out of the courtroom to preserve this issue for appeal, particularly because she had sue sponte removed me as pro se counsel and then denied me appointment of a public defender. During incarceration I was attacked by Sgt. Anthony Salemi, who falsified his record and said I attacked him from my wheelchair.

On December 14, 2005 in the same case Dishon. Judge Pantle arrested me executing her arrest warrant illegally issued on December 8, 2005, despite me informing her in writing on December 7, 2005 that I could not come to a court hearing on December 8, 2005 because Federal Judge Filip had scheduled my Petition for Writ of Habeas Corpus on this criminal contempt case to be heard on that morning, and even told me prior to the hearing informally through his courtroom deputy that another judge would not arrest someone for not appearing as long as they were given notice there was another court hearing. Judge Filip denied my petition without prejudice for failure to exhaust state remedies. This Petition for Writ of Habeas Corpus has now been refiled and is pending before Federal Judge Coar.   I had been illegally removed as pro se counsel (self-representation), although declared indigent denied a public defender for 7 months, denied a due  process hearing on her statement that she was jailing me because I failed to show up for hearing on December 8, 2005 and because I refused to answer questions at a fitness exam she had ordered although I showed up. It is actually a statutory right for me to refuse to answer questions. I did so in exercising this right because I am adamant that her orders are illegal and without jurisdiction – void ab initio. I refuse to bow to despots. The statute, 725 ILCS 5/104-13, even states that bail may NOT BE REVOKED to accomplish a fitness exam. Her order for a fitness exam was without legal basis – she only said my behavior in court (vigorously defending myself pro se by questioning her lack of  jurisdiction) and my copious pleadings (soon to be posted on the web motions to dismiss the case for lack of personal or subject matter jurisdiction) suggested a mental unfitness. This statement is NOT a legally sufficient allegation in open court that would justify a fitness exam.

http://www.scribd.com/doc/9694342/Shelton-Federal-Habeas-PetitionCriminal-Contempt-Conviction2008

http://www.scribd.com/doc/9708949/Shelton-Federal-Petition-for-Writ-Habeas-Corpus-Vendor-Fraud-2008

On January 6, 2006 after the Illinois Appellate Court freed me on December 30, 2005 and reduced bail from “no bail” to $10,000 personal recognizance bail, Dishon. Judge Pantle falsely stated on the record, without me in the courtroom and without benefit of counsel that I had lied to the IL Appellate Court to obtain release and then she raised the bail from $10,000 personal recognizance bail to $500,000 D-Bond (10$ cash required to get out). The IL Appellate Court again freed me 2 weeks later, overturning her order.

2. She committed felony conspiracy to violate rights under color of law in conspiring with Bill Bradley, IL State Police Investigator William Reibel, Patrick Keenan, Nicholas Cozzolino, John Fearon, Patrick Murphy, and Judges Kathleen Pantle, Jorge Alonso, and Lon Schultz, as well as other unnamed or unknown individuals to intentionally retaliating against those who are whistle blowers against government corruption in Illinois and Cook County in that she conspired to illegally prosecute providers of mental health services to those on Medicaid so as to deny care for mental health services to those on Medicaid – this is a gross violation of her oath of office in that prosecutions without personal or subject-matter jurisdiction are forbidden;

3. She committed felony violation of civil rights under color of law as above;

4.  She committed the act of aiding and abetting felony subornation of perjury by the employees of the IL Attorney General’s Office by failing to hold hearings on my motion to dismiss for fraud upon the grand jury, including the acts by State Police Inv. Reibel in making false statements to the grand juries that indicted Dr. Shelton and Mr. Glass, including false statements about the law and about evidence;

5. She violating her oath of office in allowing the void prosecution of Dr. Shelton and Mr. Glass for Medicaid Vendor Fraud without jurisdiction and in violation of the United States Federal Medicaid Code and the Constitution’s Supremecy Clause, as well as prosecuting these persons when she had evidence they were not guilty of the alleged acts;

6. She committed malicious prosecution against Dr. Shelton and Mr. Glass in that all these persons were whistle blowers against corruption in Illinois government and these fraudulent and malicious prosecutions amounted to retaliation for exposing the criminal conduct of members of the Illinois Department of Children and Family Services, as well as officials in the City of Chicago, County of Cook, and State of Illinois;

7. She was aiding and abetting the felony violaton of civil rights under color of law by AAGs Fearon, Murray who were and are still grossly violating due process in not only prosecuting these persons without subject matter or personal jurisdiction, but also in doing so in a process indicative of gross prosecutorial misconduct in violating many rights required by due process under the Constitution;

8. She committed the felony federal crime of slavery concerning Dr. Shelton in jailing her without legal process in violation of the 13th Amendment to the United States Constitution;

9. She violated her oath of office and snubbed her nose at the Constitution in stating in open court in answer to my concerns about her lack of jurisdiction, “I don’t care,” in open defiance of the rules of law;

10. She gave false information to Judge Alonso , who had taken over the case against me when Judge Pantle was transferred out of the criminal court to the Chancery Division, while in the judge’s chambers behind the bench on April 13, 2007, so that Judge Alonso would again illegally hold me in contempt and summarily jail me – Judge Pantle was “visiting” the courtroom to finish up a few cases and hid herself in Judge Alonso’s chambers during one of my void pre-trial hearings – Judge Alonso, falsely thinking that Judge Pantle understood pro se and contempt issues BLINDLY followed her suggestions and procedures thereby also illegally finding me in contempt in an act of not just judicial stupidity, but also in an unconstitutional act;

11. She committed court ordered elder neglect, in a heartless and unethical act, by not considering my father’s situation and not allowing me to arrange for the care of my disabled father whenever she took me into custody- during May to June 2005 he lost 20 lbs and I found him at home dehydrated and depressed;

12. She ignored the well being and health of a defendant, as well as denied due process, by continuing hearings when I was substantially impaired by an asthma attack and/or dehydration and medical neglect – Cook County Jail staff had withheld my heart and lung medication;

***further details to be added to this post – work in preparation***

I call upon the Illinois House to investigate this matter and consider articles of impeachment. I call upon Chief Judge Evans to remove this incompetent, arrogant, dangerous, witch from the bench before others are harmed.

Please write the Majority Leader of the Illinois House at:

Rep. Barbara Flynn Currie
300 Capitol Building
Springfield, IL   62706

and the Circuit Court of Cook County Chief Judge:

Chief Judge Timothy Evans
Richard J. Daley Center
50 W. Washington, Rm 2600
Chicago, IL 60602

It is criminal in my opinion that she is now a bond judge in the main criminal court building concerning the most serious felonies in Cook County. Presiding Criminal Court Judge Biebel should be ashamed that he has appointed her to such an important task.

Illinois Corruption Extreme – Quadraplegic Hispanic Man Convicted of Resisting Arrest and Police Battery!!

December 29, 2008

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

A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.Casares has been a partial C4 full C7 quadriplegic for a long time. He only has minimal movement in his arms and almost no movement of his  hands, and of course is confined to a wheelchair. Most of his movements are muscle spasms not under his control. Emotions increase the muscle spasms as they did on the date in question. Casares was sitting in the passenger seat of a car in an alley where he had gone with his brother to admire a car. One of his interests is in cars so he is taken to look at interesting cars owned by his friends.

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

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

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

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

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

Abuse of Eight-Year old “Murderer” – Are You All NUTS?

November 20, 2008

An eight-year old in St. John’s Arizona has been charged with murdering his father (premeditated!) and another man in his house with a rifle, after he “confessed” to two police interrogators who questioned him with NO ONE else present. (Apache County Sheriff’s Commander, Matrese Avila and St. Johns Police Detective Debbie Neckel) He had recently been taught to hunt. The men’s bodies were found in two separate locations in the house. The prosecutor, Criss Candelaria, is asking to charge the child as an adult! The judge has confined the child to juvenile detention facility, but is letting him out for 48 hrs for Thanksgiving with conditions (no video games? no knives or guns within reach? etc.) The police have him in SHACKLES and handcuffs. The Judge, Michael Roca, is approving this nonsense!!!

The police, the prosecutor, and the judge should be charged with child abuse. The FBI should be called in to take over and investigate this felony violation of civil rights under color of law. This is beyond an outrage and flies far beyond the twilight zone. The child should be immediately released to his mother.

A five year old believes a body is a bag of skin containing blood. A six to seven year old has no concept of death. They are just starting to understand this means the person is not coming back home. They think the person is sleeping.

All of us know that five year olds have no concept of time – “is it time yet!” An eight year old thinks a body is a bag of skin with bones randomly placed in it.

Children this age are good mimics and repeat what they hear adults say and what is said on TV but they don’t know what they are saying or what the words really mean. They mimic TV and the line between fantasy (what they see on TV) and reality is blurry for them. That’s why they believe so much in boogey men under the bed and in closets.

My son was five and I was called by a baby sitter in panic when she told me that he “knew everything about sex” so some one must be abusing him or telling him everything. The sitter often watched soap operas during the day and they show couples in bed in their bedrooms under the blankets with lights out. The word “sex” is used but not explained. I later found out the sitter would tell the kids to go away from the TV and play in a stern voice whenever bedroom scenes came on. She told the kids they shouldn’t watch because there was “sex.” The subconscious message was bedroom scenes were “bad.”

At dinner I had a casual playful conversation with my son and worked in the word “sex” by saying – “someone told me the word sex today – it sounds bad”. My son said that the sitter didn’t want him to say the word because it was “bad”. I asked him what it meant. He said: “Its when you shut off the lights and tickle each other under the covers.” Then he had a big giggle and ate his pie.

To get even with the sitter for scolding him about being naughty my son used what he knew would press her button. Even a two year old learns to manipulate before he understands what he is doing! He told her: “I know what you do with uncle Joe under the covers.” Uncle Joe and Aunt Carol let my son sleep over to play with their dog, when I am out of town or there is a special event like a baseball game my brother and son like to watch together (my son lost his father so interactions with my brother were important). Aunt Carol, the sitter, thought this meant adult sex and had a cow. My son only knew that Auntie thought the activities under the cover were “bad”. He didn’t know what those activities were – so he imagined them – tickles.

I think this is a case similar to the Ryan Harris murder in Chicago where two little boys were charged after false confessions and an atrocious interview and later exonerated when the DNA matched an adult.

I am a pediatrician and the interview was atrocious. If you want to put words in a child’s mouth and manipulate them into confessing to something they didn’t do, all the techniques are illustrated on this video – be nice start out with facts and then move to theoreticals and abstract concepts which you lead on – imply what you want – voila! – you get a confession! Children LOVE to please.

The biggest mistake is that children DO NOT understand the abstract at this age (death, murder, life, love, suffering). Abstract is beyond their grasp. Consequences are beyond their grasp unless they are short term. Premeditation for more than a short time is beyond their grasp and cannot involve the abstract.

The child was learning hunting from his father. Perhaps his father taught him to be humane and put a wounded animal out of its misery because it was “suffering”. The child then was taught to equate “suffering” with the sight of blood. The child could have been equating blood with being wounded and talking about putting the men out of their misery by shooting them, even if the child did not shoot them. Was he talking in the concrete or the abstract; past, present, or future? You can’t take what he said literally!

Words at this age may not connect with actions. They may be used as if in reality but in actuality the child is discribing fantasy, or mixing up past actions with present (shooting a wounded squirral v seeing his dad covered with blood). They don’t communicate precisely. Actions don’t connect with results very well. They are just learning these concepts.

Children are NOT little adults! Shame on everyone who thinks that this interview has ANY inculpatory evidence whatsoever. The child should not be in juvenile jail. He should be home with his mommy.

For the press to perpetuate this myth that the boy shot or murdered his father and the border is obscene. How in tarnations could an eight-year old surprise and overpower two adults in different parts of the house who are familiar with guns, aim perfectly, and kill them? Are you all nuts! The murderer is by now long gone!  It is NOT alright to use a defenseless, naive, sweet eight-year old as a scape goat and headliner! You are all barbaric and then defame his deceased father with baseless allegations of child abuse!

The press should be ashamed. Perhaps they should study Edward R. Murrow and learn about ethics.

 

See also:  http://www.latimes.com/news/printedition/asection/la-na-juveniles21-2008nov21,0,5205156.story

In this case Mr. Doody was a 17 year old in AZ when he was accused of murdering 9 people at a Buddhist temple. The only evidence was his “confession” extracted after he was “de-Mirandized” per the 9th Circuit Court of Appeals due to inappropriate 12 hours of intense interrogation without counsel or family. His conviction was overturned and he was granted a new trial.  Sound familiar?


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