Posts Tagged ‘Prosecutorial Misconduct’

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.

Mental Health Care Denied Poor in Illinois

August 31, 2009

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

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

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

 HABEAS LAW VIOLATED

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

August 18, 2009

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

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

My appeal can be read at the following link:

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

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

William Moldenhauer          Northwest Side of Chicago

Francine Prisby                      Arlington Heights

Joanne Goodloue

David Bennett                          North Side of Chicago

Cayetano Silva                       Northwest Side of Chicago

Betty Jackson                         South Side of Chicago

Margaret Polovchak             Northwest Suburb of Chicago

Donna Smith                           South Side of Chicago

Brian Tobola                           Southwest Side of Chicago

Sarah Iwema                           Northwest Suburb of Chicago

Ana Arroyo                            Southwest Side of Chicago

Linda Engeman                     South Cook County

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

picepil@aol.com

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.

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.

 

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?

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.

Fixing America’s [In] Justice System

November 16, 2008

The Myth of American Justice:

There is no way that we can have anything but injustice if the office of the prosecutor is given 10 times the budget of the office of public defender. Defendants are subjected to the situation of the defenders of the Alamo – the odds are overwhelmingly against them. In this dysfunctional system, a defendant is guilty until proven innocent to the hilt, despite the theoretical innocence until proven guilty. There are far too many innocent people in prison, mentally ill people in prison, and non-violent criminals guilty but sentenced excessively with no rehabilitation available for them or help in re-introducing themselves to society when they get out.

We can solve this problem in several ways:

1-Parity in terms of budget for both prosecutors and public defenders;
2-Mandate that all attorneys must provide a specified amount of pro bono services – they won’t do it without a mandate as in the federal court system;
3-Raise the level of required training for the police so that they stop abusing laws such as trespass laws, disorderly conduct laws, and resisting arrest, laws – now often used for harassment and to retaliate against whistle blowers and activists, as well as for judges – who often violate the Bill of Rights out of ignorance of the law;
4-Revise grand jury rules so that the jurors are told that they can call witnesses and so that it is more likely that defense witnesses will be called to prove there is no probable cause;
5-Increase penalties for prosecutors who commit fraud upon the grand jury by mistating the law and withholding exculpatory evidence including witnesses;
6-Revise our criminal statutes so that non-violent crimes may be dealt with more by mediators and not all “crimes” are automatically forced to trial so that judges are freed up to deal with more significant crimes;
7-Increase funding for mental health services including drug addiction treatment and offer more diversion for first time offenders and non-violent drug offenders to remove their cases from the trial schedules.

Most importantly we need to have civilian oversight over judges and prosecutors. There will have to be creative thinking as how to accomplish this task. The fox cannot guard the hen house!

I am sure that there are a lot more who through creative thinking can come up with the solutions that I am too ignorant to figure out.


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