Posts Tagged ‘Mental Health Care’

Help Save Economy by Saving Billions with Judicial/Prison Reform – Stop Torture

March 12, 2009

In Illinois, a hotbed of government corruption, billions could be saved with judicial, prison, and jail reforms. More could be saved by eliminating the 10% kick-backs to political funds expected of all those who contract with the state and counties.

If we cut the 40,000 daily Illinois prison population in half I estimate Illinois could save 1.2 billion dollars per year. We would still be incarcerating 20 X more people per capita than any other civilized country.

For every decrease in 1000 inmates from its historic high of 10,000 daily inmates, Cook County Jail could save the county 18 million dollars. What purpose does it serve to incarcerate thousands of people for minimal non-violent crimes pre-trial who can’t afford to pay a $100 dollar bail bond? How do lengthy prison terms without rehabilitation help decrease crime and make productive citizens out of those with drug addiction and alcoholism? How does using prisons as mental health treatment facilities make our State safer? Do prisons and jails provide so much better mental health care than hospitals and clinics? Perhaps mental health care is simply NOT AVAILABLE in Illinois to those on Medicaid! See:

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

Also the grotesque torture, medical neglect, and brutality in Illinois jails and prisons could be reduced and true rehabilitation, along with better parole supervision, mental health treatment and drug addiction and alcoholism treatment provided with even a quarter of the resulting savings. I would estimate this would also have a MAJOR impact on reducing crime and increasing tax revenues from a larger number of productive citizens.

For more details see:

http://illinoiscorruption.blogspot.com/2009/03/vastly-undertrained-and-abusive-cook.html

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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.

Questions America Must Answer to Fix Our Health Care System – Give Me Your Thoughts

January 8, 2009

FIXING HEALTH CARE

 

“50% or so of health care dollars is spent on advertising. What will you do to stop this waste. Health care providers should be like the police and fire departments, a necessary public service that does not advertise.”

 

“Would you support a steeply progressive and very high tax on advertising of drugs to discourage this practice? This would quickly reduce the cost of drugs as presently 50 % of drug company budgets are advertising costs. Or would you ban advertising?”

 

“Whether to do Phase 3 clinical trials of new drugs is decided by drug companies – encourages excessive costs by testing unnecessary “me too”  drugs with no benefit. Would you support FDA taking over this decision analagous to IL hosp plan commission?”

 

“Our veterans in chronic pain are thrown narcotics in high doses making them nonfunctional addicts instead of treating pain properly with multiple modalities (TENS units, therapy, muscle relaxants, meditation). Will you help them reclaim their lives?”

 

“Medical care at Cook Co. Jail & IL prison system is so inadequate inmates have had their leg amputated for lack of antibiotics & prisoners who were disabled lay on the floor in diarrhea for days unable to obtain water/care. Will DOJ investigate?”

 

“In Illinois Atty Gen Lisa Madigan, several Governors, and their corrupt accomplices fraudulently deny mental health care to those on Medicaid and wrongfully prosecute health care providers who are trying to provide this service. Will you investigate?”

 

“Will you acknowledge childhood obesity caused by fast foods and soda pop and ban soda pop and fast foods from schools & bring affordable food stores to poverty stricken communities? Inner cities have lots of fast food – little affordable food stores.”

 

“We save premature babies and children in ICUs, then fail to fund continuing care for severely disabled babies/children leading to poverty, divorce, family destruction, neglect of siblings, lost potential, and increased disability. Will you fix this?”

 

“Daschle has a reputation of being in the pockets of pharmaceutical companies. Is this true and if so will you make sure that pharmaceutical companies do not have undo influence over health care policy and do not rake in excess profits off our misery?”

 

“Will you help switch funding for care of severely disabled and dying children from institutions to home care? The choice to care for the child at home should be the parents not the state’s.”

 

“Haldol – antipsychotic is excessively involuntary injected in ERs and jails to quash free speech, curb dissent, and force behavior to change per dictates of others. Will you stop it? The Soviets used this method for dissidents – WE SHOULDN’T!””

 

“Half of health care dollars are spent for often futile end of life or beginning of life care (ultrapreemies). Much can be saved by putting limits on such and better funding and promoting more humane hospice care. Will you investigate this and fix it?”

Re-Integrating >600,000 Ex-Cons per Year and Growing – Give your Suggestions!

December 21, 2008

Please consider a jobs program for organizations to design and implement programs to re-integrate, provide mental health care, provide drug abuse treatment, provide family therapy, and supervise ex-cons and to train and employ ex-cons. > 600,000 convicts are released every year and this is growing due to the failed policy of the last 30 years to be “tough on crime.” What good does it do to squash prisoners like a bug, destroy their families, destroy their health, destroy their future career potential, and fail to provide even an iota of rehabilitation?

Part of our economic problem is that we are destroying and wasting so much human potential. If we employed these people and the prisons guards and employees, as well as reduce the number of prisoners in half with alternative sentencing for non-violent criminals, drug abuse treatment, and mental health care – our workforce that pays taxes and contributes to society will grow at an astonishing rate (including ex-cons, ex – prison employees, and the ex-cons’ families who were living on the dole) and our productivity will increase.

 Please give your creative suggestions about how to achieve this.  Think outside the box! Be innovative!

Save a Life Dr. Maisha Hamilton Bennett – From Corrupt Officials in Illinois – I’m Serious!!

December 19, 2008

UPDATE – Sept 17, 2009

 

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

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

I had filed a petition for habeas corpus that was heard by Judge Biebel. He appointed Prof. Daniel Coyne of the Kent School of law to represent Dr. Hamilton. Prof. Coyne should be thanked for helping orchestrate this deal to get her released.  Now Dr. Hamilton can focus on her appeal and gather the necessary documents as a free woman with no strings attached. The part of her sentence on vendor faud and theft including $400,000 restitution and 600 hrs community service, as well as probation was vacated in the deal.

_________________________________________________________________

The following is a letter to the Director of the Chicago FBI Office. I am asking him to save a life. Please help me by ACTING. Write a letter to Mr. Grant and Asst. US Attorney Patrick Fitzgerald. Write a letter to the press. The addresses are at the end of this post. Disseminate this information widely on every blog possible. This is a matter of life and death. This is a matter of preserving the Republic. In this terrible time in Illinois we need ANY help we can get. IF we could raise $200,000 we could pay the bail and get Dr. Hamilton out of jail and to a hospital if necessary. If we could raise $20,000 to $50,000 we could get her a good attorney. Help us wrench back our State of Illinois from the corrupt. Read the following link that gives you a brief idea what we are up against.

 

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

 

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

 

 

Special Agent Robert Grant:

 

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

 

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

 

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

 

 Pay to play is common regarding obtaining contracts with Illinois or Cook County agencies. Dr. Hamilton ALWAYS said NO THANKS – I won’t pay a kickback.  Dr. Markos is head of the forensic clinical services at the Cook Count Courts. I doubt he would be there if he didn’t pay the kick-back.

 

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

 

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

 

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

 

She also testified against IL S. Court and at the time IL Appellate court judge Ann Burke. Judge Burke is up to her ears in corruption in that her husband accepts $10,000 payments (bribes?) to get people elected to judgeships. This buys them the backing of the “machine” and puts their election signs up on the lawns of employees of the Cook County Court Clerk’s Office and the Cook County Sheriff’s office in addition to campaigning by public employees on public time and the word of the party to gather votes. Judge Burke has lawless control over the higher courts.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

What is wrong with you!!!!

 

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

 

Special Agent Robert Grant

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

 

Assistant US Attorney Patrick Fitzgerald

Office of United States Attorney

219 S. Dearborn, Fifth Floor

Chicago, IL 60604

 

Anita Alvarez

Cook County States Attorney

50 W. Washington, Room 500

Chicago, IL 60602

 

Judge Mary Brosnahan – (regarding perjury case)

Criminal Court Building Room 303

2600 S. California Ave

Chicago, IL 60608

 

Judge Thomas Gainer – (regarding fitness and Fraud Conviction)

Criminal Court Building Room 303

2600 S. California Ave.

Chicago, IL 60608

 

 

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

 

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

 

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

 

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

 

Letter to Attorney General Designee Eric Holder – Stop Corruption!

December 2, 2008

 

Mr. Holder:
 
Congratulations on your appointment as AG.
 
Due to this appointment, I write to make you aware that there is a large group of individuals who litigate pro se, who are patriots and have been fighting for civil rights and against government corruption for a long time. I am one of them. Please see that the information that I have provided to the FBI and US Attorney over the last five or so years is reviewed and dealt with. Government corruption, retaliation against whistle blowers, torture in state prisons, and blatant, violation of the Bill of Rights by high government officials must stop, and should be priorities for your department.
 
Please occasionally review the evidence laid out on a new blog:  http://illinoiscorruption.blogspot.com/
 
I pray that our/my long nightmare will be over. Please consider the words of Justice Douglas:
 
SUPREME COURT JUSTICE DOUGLAS IN 1970 – “Does the answer to the problem of political trials involve defining the procedure for conducting political trials or does it involve the designing of constitutional methods for putting an end to them? . . . . It will be time enough to resolve those weighty problems when a political trial reaches this Court for review.”
The criminal conduct of the Illinois Attorney General in laundering money for kickbacks in Illinois, denying mental health care to persons on Medicaid, and continuing in her position when she is not qualified, along with the pervasive corruption in Illinois demonstrated by the Daleys should not be tolerated.
 
God bless and may righteousness, fairness, and love of fellow man guide your actions in the coming years.
 
Most sincerely and prayerfully,
 
Dr. Linda Lorincz Shelton 

Political Trials – Still Alive and Well in 21st Century American [In] Justice

November 18, 2008

Protecting Defendants Charged for Political Reasons

SUPREME COURT JUSTICE DOUGLAS IN 1970 – “Does the answer to the problem of political trials involve defining the procedure for conducting political trials or does it involve the designing of constitutional methods for putting an end to them? . . . . It will be time enough to resolve those weighty problems when a political trial reaches this Court for review.”

THE TIME MAY BE NOW!

The State of Illinois through first Attorney General Jim Ryan and now Attorney General Lisa Madigan along with incompetent, ignorant, and/or corrupt officials in Illinois Medicaid including Bill Bradley, Investigator Reibel in the State Police, and Patrick Keenan in the State Police Medicaid Fraud Control Unit, with tacit approval by many other corrupt officials in the State of Illinois, have perpetrated a scheme for ten years to deny mental health services for persons on Medicaid in violation of the Federal Medicaid Code. See my other posts on Medicaid on http://illinoiscorruption.blogspot.com/.

In order to falsely advertise that she is “tough on fraud” so that she can advance her personal political ambitions, Lisa Madigan continues to fraudulently and without legal authorization indict outstanding providers of mental health services to Medicaid patients. Judges Schultz, Fox, Pantle, Alonso, and Egan have participated in these void and illegal prosecutions and done great harm to the citizens of Illinois in their illegal acts of violation the United States Constitution, in aiding and abetting this violation of federal law and civil rights.

I have been one of the persons illegally indicted and defamed, presently awaiting trial over a period of four long years. The harm to me, my patients, and my family is immeasurable and painful. I have persistly legally and appropriately through the legal process of at first representing myself and filing scholarly motions proving that higher court precedence (stare decisis) does NOT PERMIT this kind of persecution for political gain, and that my case is null and void ab initio (from the start).

I have been punished for vigorously advocating for my constitutional rights to redress of grievances and due process (including the right not to be tried for something that is not a crime) for four years with four incarcerations for contempt (two thrown out by the Illinois Appellate Court – pepetrated by Dishonorable Judge Pantle), one presently before Hon. Judge Coar in federal district court on a habeas corpus petition (asking the court to vacate and expunge the conviction on the basis of violation of constitutional rights and voidness – pepetrated by Dishonorable Judge Pantle), and one in limbo – dismissed for want of prosecution, but potentially can reinvigorate the appeal later (perpetrated by Dishonorable Judge Alonso).

I have been beaten, tortured, and medically neglected during these incarcerations and when I protested, a correctional officer, Sgt. Anthony Salemi, came into my cell and committed assault and battery against me. He falsified his records and I was charged and convicted of aggravated battery to an officer for allegedly “ramming him with my wheelchair” causing a skinned shin, and “kicking him in the chest with my RIGHT leg” causing soreness. This was impossible for me to do do to a partial RIGHT hemiparesis and extreme weakness secondary to dehydration caused by mendical neglect. I was sentenced to two years despite no criminal record and was released from Dwight penitentiary after being tortured on March 31, 2008. I was punished and placed in solitary confinement for 6 months because I refused to walk (I was unable to due to my disability) and forced to swim in my diarrhea on a 2 inch mattress with no sheets or clothes for days, except for a roughly quilted velcro smock and blanket, without toilet paper, without water (I was too week to get myself up to the water fountain at the sink or the toilet). The United States Attorney has been informed and so far has done NOTHING! My weight dropped from 171 lbs to 127 lbs and by the time I was released I couldn’t even sit up because of severe dehydration, and electrolyte imbalance. I was immediately taken to an emergency room and treated. The incompetent and barbaric sadists and psychopaths in Dwight’s medical department had insisted I was faking my medical problems.

Due to my protests, all reasonable and responsible and polite, I have been illegally and immoraly denied self-representation by Judges Pantle and now Alonso without legal authority in violation of my constitutional rights. I am being prosecuted for political reasons as a whistle blower. I testified against now convict and ex-Governor George Ryan in a class action suit for illegally denying 73 million dollars in funds for the care of handicapped children. I have won suits against Sheriff Sheahan in C[r]ook County for violating the American with Disabilities Act. I have won suits against the State of Illinois for failing to investigate barbaric and illegal abuse of mental health patients/inmates at Cook County Jail, and I have numerous pro se civil rights, mandamus, and injuctive suits pending in federal and state court against these corrupt officials. I am a target of the corrupt cabal in Illinois and C[r]ook County.

Justice Douglas in Illinois v. Allen, 397 U.S.337 wrote the following in a concurring opinion, which is very much on point. My case is ripe for Hon. Juge Coar to address in this manner in the federal district court. It is a political case! This quote, by Justice Douglas in his opinion, about Penn is fascinating and you everyone should enjoy it!.

HOWEVER IT IS SAD THAT IN THE 21ST CENTURY IN ILLINOIS, CITIZENS WHO ARE DOING NOTHING BUT PROVIDING MUCH NEEDED MENTAL HEALTH SERVICES TO THE NEEDY, WHO HAVE DEVOTED THEIR LIVES TO SERVICE, AND WHO VALUE OUR CONSTITUTION, ARE STILL THE TARGET OF POLITICAL ATTACKS IN A MOST VICIOUS AND BRUTAL MANNER!

THIS IS WHY I ASK FOR THE HELP OF THE PUBLIC TO FUND MY DEFENSE AND TO HELP ME CONTINUE TO HELP OTHERS DEFEND THE CONSTITUTION. See link at the right on this blog if you wish to help.
________________________________________________________________________
QUOTED FROM CONCURRING OPINION BY JUSTICE DOUGLAS IN ILLINOIS V. ALLEN, 397 U.S. 337 (1970):

Our real problems of this type lie not with this case, but with other kinds of trials. First are the political trials. They frequently recur in our history, [Footnote 2/2] and, insofar
as they take place in federal courts, we have broad supervisory powers over them. That is one setting where the question arises whether the accused has rights of confrontation that the law invades at its peril.

In Anglo-American law, great injustices have at times been done to unpopular minorities by judges, as well as by prosecutors. I refer to London in 1670, when William Penn, the gentle Quaker, was tried for causing a riot when all that he did was to preach a sermon on Grace Church Street, his church having been closed under the Conventicle Act:

“Penn. I affirm I have broken no law, nor am I Guilty of the indictment that is laid to my charge, and to the end the bench, the jury, and myself, with these that hear us, may have a more direct understanding of this procedure, I desire you would let me know by what law it is you prosecute me, and upon what law you ground my indictment.”

“Rec. Upon the common law.”

“Penn. Where is that common law?”

“Rec. You must not think that I am able to run up so many years, and over so many adjudged cases, which we call common law, to answer your curiosity.”

“Penn. This answer I am sure is very short of my question, for if it be common, it should not be so hard to produce.”

“Rec. Sir, will you plead to your indictment?”

“Penn. Shall I plead to an Indictment that hath no foundation in law? If it contain that law you say I have broken, why should you decline to produce that law, since it will be impossible for the jury to determine, or agree to bring in their verdict, who have not the law produced by which they should measure the truth of this indictment, and the guilt, or contrary of my fact? ”

“Rec. You are a saucy fellow; speak to the Indictment.”

“Penn. I say, it is my place to speak to matter of law; I am arraigned a prisoner; my liberty, which is next to life itself, is now concerned: you are many mouths and ears against me, and if I must not be allowed to make the best of my case, it is hard, I say again, unless you shew me, and the people, the law you ground your indictment upon, I shall take it for granted your proceedings are merely arbitrary.”

“Rec. The question is whether you are Guilty of this Indictment?”

“Penn. The question is not whether I am Guilty of this Indictment, but whether this Indictment be legal. It is too general and imperfect an answer, to say it is the common law unless we knew both where and what it is. For where there is no law, there is no transgression, and that law which is not in being is so far from being common that it is no law at all.”

“Rec. You are an impertinent fellow, will you teach the court what law is? It is ‘Lex non scripta,’ that which many have studied 30 or 40 years to know, and would you have me to tell you in a moment?”

“Penn. Certainly, if the common law be so hard to be understood, it is far from being very common; but if the lord Coke in his Institutes be of any consideration, he tells us, That Common Law is common right, and that Common Right is the Great Charter-Privileges”

“Rec. Sir, you are a troublesome fellow, and it is not for the honour of the court to suffer you to go on. ”

“Penn. I have asked but one question, and you have not answered me; though the rights and privileges of every Englishman be concerned in it.”

“Rec. If I should suffer you to ask questions till tomorrow morning, you would be never the wiser.”

“Penn. That is according as the answers are.”

“Rec. Sir, we must not stand to hear you talk all night.”

“Penn. I design no affront to the court, but to be heard in my just plea: and I must plainly tell you that, if you will deny me Oyer of that law, which you suggest I have broken, you do at once deny me an acknowledged right, and evidence to the whole world your resolution to sacrifice the privileges of Englishmen to your sinister and arbitrary designs.”

“Rec. Take him away. My lord, if you take not some course with this pestilent fellow to stop his mouth, we shall not be able to do anything tonight.”

“Mayor. Take him away, take him away, turn him into the bale-dock. [Footnote 2/3]”

The Trial of William Penn, 3 How.St.Tr. 951, 958-959.

The panel of judges who tried William Penn were sincere, law-and-order men of their day. Though Penn was acquitted by the jury, he was jailed by the court for his contemptuous conduct. Would we tolerate removal of a defendant from the courtroom during a trial because he was insisting on his constitutional rights, albeit vociferously, no matter how obnoxious his philosophy might have been to the bench that tried him? Would we uphold contempt in that situation?

Problems of political indictments and of political judges raise profound questions going to the heart of the social compact. For that compact is two-sided: majorities undertake to press their grievances within limits of the Constitution and in accord with its procedures; minorities agree to abide by constitutional procedures in resisting those claims.

Does the answer to that problem involve defining the procedure for conducting political trials or does it involve the designing of constitutional methods for putting an end to them? This record is singularly inadequate to answer those questions. It will be time enough to resolve those weighty problems when a political trial reaches this Court for review.
_______________________________________________
[Footnote 2/2]
From Spies v. People, 122 Ill. 1, 12 N.E. 865, involving the Haymarket riot; In re Debs, 158 U. S. 564, involving the Pullman strike; Mooney v. Holohan, 294 U. S. 103, involving the copper strikes of 1917; Commonwealth v. Sacco, 255 Mass. 369, 151 N.E. 839, 259 Mass. 128, 156 N.E. 57, 261 Mass. 12, 158 N.E. 167, involving the Red scare of the 20’s; to Dennis v. United States, 341 U. S. 494, involving an agreement to teach Marxism.

As to the Haymarket riot resulting in the Spies case, see 2 J. Commons and Associates, History of Labour in the United States 386 et seq. (1918); W. Swindler, Court and Constitution in the Twentieth Century, cc. 3 and 4 (1969).

As to the Pullman strike and the Debs case, see L. Pfeffer, This Honorable Court 215-216 (1965); A. Lindsey, The Pullman Strike, cc. XII and XIII (1942); Commons, supra, at 502-508.
As to the Mooney case, see the January 18, 1922, issue of The New Republic; R. Frost, The Mooney Case (1968).

As to the Sacco-Vanzetti case, see Fraenkel, The Sacco-Vanzetti Case; F. Frankfurter, The Case of Sacco and Vanzetti (1927).

As to the repression of teaching involved in the Dennis case, see O. Kirchheimer, Political Justice 132-158 (1961).

[Footnote 2/3]
At Old Bailey, where the William Penn trial was held, the baledock (or baildock) was
“a small room taken from one of the corners of the court, and left open at the top, in which, during the trials, are put some of the malefactors.”

Oxford Eng. Dict.


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