From Janet Phelan, where is Justice for Charlie Castle?

From: kenneth ditkowsky
Sent: Jul 31, 2013 1:32 PM
To: Janet Phelan , Eric Holder , matt senator kirk
Cc: “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , NASGA , JoAnne Denison , rudy bush
Subject: Re: Questions Arise as to Coroner’s Cover up in Sudden Death

Dear Attorney General Holder and Senator Kirk
The Castle case might not have the million dollars in gold coins, but it does have strong parallels with the Bush case in Colorado, Sykes and Gore in Illinois and some of the cases reported in GAO report to Congress.   Across the United States there a literally thousands of victims of elder cleansing and nothing is being done.    Senior citizen rights are being grossly violated and seniors are routinely deprived of their liberty and property and nothing is happening.
By a short date Ms. Denison will be forwarding to you the depositions that she took in defense of the bogus and meritless discipline case brought by the IARDC against her for exercising her First Amendment Rights.   We previously forwarded to you the ‘smoking gun’ letter authorized by Cyntha Farenga complaining about my and Ms. Denison’s call for an Honest investigation that had been picked up by a Blog.    In her ‘smoking gun’ letter she complains concerning Ms. Denison and I having a First Amendment right and shortly thereafter at State of Illinois expense disciplinary proceedings commenced against Ms. Denison and me.    The clear intent of both proceedings was to punish us (as lawyers) for complaining concerning Elder Cleansing.
Mr. Castle’s case is interesting in that his body was not quickly cremated!     That is the usual MO in elder cleanings cases – all signs of criminal conduct are quickly disposed.      Maybe nothing improper happened in the Castle case.   Maybe nothing improper happened in the Gore case and he gold filings just happened to dissolve in the acid climate of Chicago, Illinois.    Indeed, maybe *****.   Everything is possible; however, we will never know if no one looks!      With the IARDC assuming jurisdiction to regulate the First Amendment Rights of lawyers and its panels recommending 4 years suspensions for requesting honest investigations I doubt if many professionals are going to risk standing tall in defense of the Bill of Rights!    I doubt if many law enforcement people want the harassment that the attorneys are receiving.     Law enforcement is a thankless task to begin with, therefore I would not expect too many law enforcement people to risk the fall out of exposing the very lucrative cottage industry of elder cleansing.
I appeal to the United States Attorney General and the United States Senator from Illinois for your help in eliminating the felonies associated with elder cleansing.    Racial and Ethic profiling and cleansing cannot be tolerated.   It is respectfully submitted the elder cleansing cannot be tolerated either!!!!!
Ken Ditkowsky

 


From: Janet Phelan <writejanet@live.com>
To: Janet Phelan <writejanet@live.com>
Sent: Wednesday, July 31, 2013 12:45 PM
Subject: Questions Arise as to Coroner’s Cover up in Sudden Death

Wednesday, July 31, 2013

Questions Arise as to Coroner’s Cover up in Sudden Death

Janet Phelan
Activist Post

Six months after Charles Castle suddenly and inexplicably died, the San Bernardino County Coroner has still not come up with a stated cause of death. And according to a Deputy in that office, a critical report is “missing” from Charlie Castle’s file.

I had spoken with Charlie Castle on the evening of January 15 at around 8 pm. He was frustrated with how long he had been deprived of his freedom and specifically dismayed at the fact that his long awaited trial on his mental health detention had been delayed just the week before.

“They can’t hold you much longer,” I told him. “The accumulated evidence of fraud in your case is overwhelming, Charlie.” I then made a bold promise to him. “You will be free soon.”

Two hours later, Charlie Castle was pronounced dead.

His saga is a case study in attorney/court collusion in denying a conservatee his rights to contest a mental health conservatorship. In addition, responsible parties within the mental health and police systems declined to act according to their professional mandates. All of this stand down resulted in Castle being deprived of his freedom and eventually, it appears, his life.

Castle, who was homeless in Redlands, California, was picked up by court employees Bob Jabel and Wayne Henkelman in June of 2011 and taken to San Bernardino Arrowhead Regional Center, where he was placed under a conservatorship. The Public Guardian was named conservator and Castle was represented by the law firm of Bryan Hartnell, who has the County contract to represent mental health conservatees. Castle stated he was never in front of a judge but waited outside the courtroom while his attorney “took care of things.” His conservatorship was then transferred to a private conservator, Melodie Scott, who was represented in these proceedings by . . . the law firm of Bryan Hartnell.


At one juncture, a judge pro tem, Walter Moore, was appointed to preside over the case. Moore had also been an attorney with the law firm of Bryan Hartnell.

When the issue of Hartnell’s representing both sides of the case hit the press Hartnell resigned. Melodie Scott resigned shortly thereafter. Before Hartnell left the case, however, he fired a shot deep into the heart of Castle’s desire to have a jury trial in his case.

Hartnell indeed filed for a rehearing, as Castle had requested. Betraying his client’s desires, Hartnell’s petition specifically stated that a jury trial would be unnecessary.

Prior to resigning the case, Hartnell’s office refused to give Castle his legal file, telling him it would be a “felony” for the firm to provide its client his file. At one point in time, a lie like that would have cost an attorney his license. Hartnell, however, is still breezily representing conservatees apparently with the same reckless disregard for their rights.

When Castle filed a writ of habeas corpus to have his detention reviewed by a judge, Conservator Melodie Scott began moving him from facility to facility, like a pawn in a shell game. She attempted to have him admitted anonymously to at least one facility, making it difficult for those attempting to assist Castle in his pursuit of freedom to locate him. As a result of his repeated forced relocations, Castle was never served with the judge’s response to his writ. In the space of a few weeks, Castle was moved to four different facilities in two different counties.

Along the way, appeals were made to a number of different agencies which are mandated with addressing mental health concerns and pertinent legal issues. California Disability Rights refused to take Castle’s case, as did Mental Health Advocates in Los Angeles. The Ombudsman for Nursing Care facilities in Los Angeles took no steps to assist Castle. When an appeal was made to Patients’ Rights in Los Angeles County, Advocate Rashied Jibri hung up on the caller, after being queried as to the reasons for his refusal to look into the Castle matter.

When Castle was subsequently relocated to San Bernardino County in, the SB County Ombudsman went out to see him and declined to address his concerns. In one sole act that distinguished her from every other government worker who received an appeal concerning Castle, an employee from the Department of Public Health went out to Desert Manor in Yucaipa and cited the facility for violating Castle’s rights to make and receive phone calls and to receive visitors.

Adult Protective Services in San Bernardino County told the caller that they don’t investigate matters relevant to conservatees. When asked to provide the law which allows that agency to stand down when the at-risk elder is under a conservatorship, APS was unable to provide one.

Police agencies were no better.

Charlie Castle was scheduled to finally have his day in court this past January. However, on the appointed day Charlie was not in court. His new attorney, Mark Flory, told him that his trial was again delayed because the conservator, the Public Guardian (re-appointed after Melodie Scott’s resignation) did not make the necessary arrangements to bring him into court that day. Less than a week later, Castle was dead.

The first three calls asking for a Coroner’s investigation were curiously deleted from the dispatch call center. After it became clear that the caller was not going to be so easily deterred, a Coroner’s office investigation was launched into Castle’s sudden demise.

Last week, Coroner’s Deputy Gabe Morales told me that the report had not been finished yet. Morales also admitted that the toxicology exam, which could be the pivotal evidence as to cause of death, had been curiously removed from the file.

Another suspicious death of a conservatee, Raymond Horspool, produced a Riverside County Coroner’s report that could only be considered finessed. According to reports, Horspool weighed only 137 pounds at the time of his death, a grave drop from his normal 190 lb. weight. His daughter, Barbara Howard, leveled accusations that her father was killed with morphine. Indeed, the Coroner’s report listed morphine as one of the drugs being given Raymond Horspool at the time of his death. Curiously, Horspool was not reported as having any condition which would have mandated him receiving morphine. His precipitous weight loss could well be ascribed to what happens when people are plied with morphine: They don’t eat.

The Coroner’s report oddly neglected to mention the weight of Horspool’s body at the time it showed up at that office. In addition, the Coroner refused to do a toxicology exam, over the protests of Howard and other family members. If it looks like a cover up and quacks like a cover up . . . well, what do you think?

Parenthetically, Raymond Horspool was the father of Melodie Scott’s attorney, J. David Horspool. After placing his father under a conservatorship and virtually kidnapping his Dad away from his wife, Horspool proceeded to use his extraordinary influence with the San Bernardino judges to loot his own father’s estate.

At the time of going to press, this reporter has learned that another concern surrounding an at-risk conservatee in Los Angeles has been assigned to LA County Patient’s rights advocate Rashied Jibri to investigate. Jibri, you recall, was the advocate who hung up the phone rather than reply to questions why he would not address Charlie Castle’s plight.

A request to have this transferred to another investigator has been ignored. In this case, LA County Department of Mental Health employee Steve Dobbs refused to honor a waiver of confidentiality signed by the individual prior to being conserved and effectively hid him from friends for over a year. The man was finally located in a Culver City board and care, depressed and drugged to the gills. The waiver of confidentiality subsequently “disappeared” from the DMH files, according to Steve Dobbs’ co-worker, Dr. Nilsa Gallardo.

Illinois attorney Ken Ditkowsky has called for an investigation of the nationwide prevalence of what he is calling “elder cleansing.” Ditkowsky has likened what is happening to conservatees to the plight of the elderly and disabled in Germany in the thirties and forties. They were the first victims of Hitler’s master race agenda. Ditkowsky’s repeated pleas to the United States Department of Justice have gone unresponded to.

Writes Ditkowsky: “We watch any attorney who opens his mouth in protest having to fight for his/her license as the IARDC (and similar organizations) think it unethical for attorneys to speak out against elder cleansing!”

In reference to questionable acts by attorneys in these cases, Ditkowsky also states: “From the reaction of government to ‘elder cleansing’ you would think that it and ethic cleansing are laudable occupations and attorneys who spoke out were deviants!”

Another Illinois attorney, JoAnne Denison, is facing a challenge to her license for the act of blogging about these cases. Denison maintains that First Amendment rights also apply to attorneys.

The systemic collusion necessary to deprive our most vulnerable elders and disabled their due process rights requires some concerted and dedicated hanky panky. Many laws were violated in the Castle matter by numerous government agencies and employees. Conservatorships constitute a Constitutional loophole and an entire class of people are regularly being deprived of their rights to due process, their rights to their own property and even the right, it appears now, to stay alive.

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From Gloria regarding her abuse by the ARDC and the Probate Court

From: GLORIA Jean SYKES
Sent: Jul 31, 2013 10:24 AM
To: “kenditkowsky@yahoo.com” , “joanne@denisonlaw.com” , scott evans , Kathy Baakern
Cc: Judy Ditkowsky , Tim Lahrman NASGA , Elaine NAsga , LUCIUS VERENUS , GLD , Annie NASGA
Subject: RE: Fabulous jobs on depositions

Good Morning,

 
I want to first thank JD for taking the initiative to do these depositions, that should have been taken last year by the IARDC and if they had, there should not have been a complaint filed and the waste of money and time this year against JD.  Suffice, let me make myself clear:  the world of internet has spurred a whole new form of “journalist” which is the every man and person who witnesses a crime, an incident, a wrongdoing, or even something spectacular.  This of course has created either problems for bona fide news gathering teams or, it has helped keep the industry on the straight and narrow.  Either way, I do not approve of bloggers, per se, because all too often, he or she puts their spin on the ‘situation’ or ‘issue’.  However, in this case the record is clear: I was not served.  Josephine Depietro was not served. Yolanda Bakken was not served, and perhaps most important, Mother was not served and my mother is the most important person in the world then, and now.  Further, and this explains why there was NEVER (emphasize NEVER) a hearing, and instead, a rush-to appoint Toerpe plenary guardian:  Toerpe was initially appointed temporary guardian of my mother in order to protect Mother’s assets. (if you recall, in October, Harvey Jack Waller reported to the court that “We just received a package with Mary’s name all over it and Gloria stole 1.3 million dollars”.) [Yes, a “package of lies”].  I believe the statute reads that within 60 days the Temporary Guardianship ends, therefore, attorneys Adam Stern and Cynthia Farenga agreed with Carolyn toerpe that she should be the Plenary Guardian and on December 7, 2009, the Court entered an order.  Never mind, that the statute also reads that “within 30 days of filing the Petition for Guardianship” there shall be a hearing.  The petition filed on July 20, 2009, two days after Toerpe got Judge Kirby of the Domestic Relations Court to transfer Mother’s petition for an order of protection naming Toerpe a known abuser and financial exploiter, and THERE WAS NO GUARDIANSHIP OR DOCKET TO EVEN TRANSFER TO.  In other words, Kirby transferred it on July 18, 2009, into a black abyss.  The Domestic Relations court scheduled August 26, 2009, for the Petition to be heard.  I had a copy of that order and invited Aunts Yo, Jo, Scott, Doris, and others to attend and they did.  The Petition on August 26, 2009, although deficient, was void, as it had to be heard on or before the 20th of August 2009!
 
Are we all on the same page?
 
Toerpe did not bring Mother to court on the 26 August 2009 and held her hostage at her home in Naperville, where mother was held-up as a security, to, among other criminal acts perpetrated by Toerpe and Waller, for their financial gain.  At that time, Toerpe was very aware of the fact that Mother held wealth and Toerpe wanted it all.  She also needed to pay Harvey Jack Waller, which she did, without permission to pay, paid him $17,000 cash!  This is on Toerpe’s 2010 inventory, which, and although I objected, Judge Connors ignored.
 
THERE WAS NO HEARING TO ADJUDICATE MOTHER INCOMPETENT OR OTHERWISE IN NEED OF A PLENARY OR LIMITED GUARDIAN until 2012, when Toerpe retained Dr. Shaw to testify that it’s his “opinion” that in October 2008, mother was incompetent to sign the appropriation agreement in the Lumbermen’s case: however, Mother was competent to, among other things, sign the Lumbermen’s release form (on the same date) as well as in 2009 2010, 2011, 2012, and 2013, to discuss with GAl Adam Stern whether she wanted an attorney, whether she wanted to be examined by Dr. Amdur, and most recent, but not limited to, whether she was happy and wanted to stay at the Sunrise Senior Living LLC in Naperville. 
 
All said, for ages news collecting agencies have sent reporters and sketch artists into Courtrooms where cameras are not allowed, to cover various trials.  The Reporters are able to bring their notepads, or most recent, their laptops, and in a moment’s notice, send back the story(s) to the networks for immediate release.  In other words, without a reporter sitting in a courtroom, we would not have gotten, for example, what was going on in the Gov. Blago case.  Of course the cameras are set up in the lobby of the courthouse, so when and if available, the attorneys or main players can take an interview, but in all cases, reporters (and now bloggers) report what they heard or quote from court documents they receive(d) during the trial(s).  To suggest that reporting what happens during a trial or proceeding, or to report what is quoted from or missing from the verified records, is obscene.
 
Again, I do not agree with non-trained men and women to report the news as way too often, they do make mistakes, and sometimes the mistakes are extremely harmful, but in those cases, it is not the ARDC who punishes, if applicable, the person. If you recall, the Killian documents controversy, where 60 Minutes presented the documents as authentic. Dan Rather, given misinformation from producer Mary Mapes.  The authenticity of the documents were challenged within hours of the broadcast on internet forums and blogs, with questions focusing on alleged anachronisms in the documents typography and content and this soon spread to the mass media.  Dan Rather defended the authenticity and his producer: CBS fired Mary Mapes, several senior news executives were asked to resign, and CBS apologized to viewers.  Mr. Rather took an early retirement.  (This is also why CBS killed our story, because AS, CF, and PS threatened to sue and create the same scenario, claiming that the digital recording of my Mother was fake and ****)  Let me also say this, many of the bloggers were attorneys, who, with no dog in the fight, took to the internet and exposed the irregularities of the documents.
 
The attorneys and all people who blogged were not disbarred or punished: they had a right to speak out and publish their so-called reports.  In 2005 it was the Killian Controversy — today it’s the Sykes controversy.  No matter the controversy, any person who wants to blog can — and if like JD has the authentic and verified court records, which she does–can blog as  much as she wants.  The problem is, law enforcement elect to believe AS, CF, PS et al. rather than the facts as recorded in 14 verified court records of the Sykes case.  [But these are the same law enforcement personnel that ask to delete pictures and video thereby engaging in obstruction of justice and witness tampering, spoliation of evidence, etc.]
 
I The title to the chapter in my book is “The Sykes Documents Controversy”. 
 
People, blog away!
 
Finally, I’ve contacted the Official Court Reporter’s office this morning and spoke to *****, and my first step it to question the court reporter *** as to why she accidently omitted, ignored, intentionally left out, or otherwise edited the court record of June 25, 2013.  As there were highly respected and educated court watchers in the Courtroom on this date who recorded and then reported what occurred and what Judge Stuart said, there can be no doubt that highly important directions to Carolyn Toerpe from the Court were omitted from the transcript, including but not limited to the fact that the Court recognized that Toerpe “co-mingled” her funds with that of Mother’s money:  I await a call back from the Court reporter.
 
finally, since I read for the first time, yesterday, during the deposition, the answers of Adam Stern and Cynthia Farenga and even Peter Schmiedel, let me reiterate this:  these attorneys open their mouths and they LIE.  The problem is that they have gotten away with these LIES for such a long time, and in fact, they LIED to the US District Court, the US Bankruptcy Court, the FED Court, the Illinois Appellate court and to the 7th Circuit Court of Appeals and each time they have prevailed in spite of the misinformation and egregious lies.  These people are People of The LIES.  Because the courts have empowered them, they actually believe each word they utter.  It is unfortunate that proverbial and profound LYING has yet to be diagnosed as a mental illness, but it is.  Adam Stern, Peter Schmiedel, Cynthia Farenga have been in the business of financially exploiting the elderly and disabled through guardianships for a very long time:  similar to the July 20, 2012 mass shooting inside a Century Movie theater in Aurora Colorado, where James Egan Holmes fulfilled a delusion — AS, CF, PS, and Carolyn Toerpe are simply fulfilling a delusion.
 
Finally, all of this is simply a distraction to divert all of our attention away from my Mother, who, is suffering greatly and whose life is being shortened by the minute because the IARDC and law enforcement has refused to act and investigate.  If you recall, the beginning of this year, Ms. Blunk, a widow of the movie theater killings, filed a lawsuit against the University of Colorado in Federal court claiming that had the school psychiatrist done her/his job, the slaughter would have been prevented as Holmes would have been detained after he admitted he “fantasized about killing a lot of people”. This type of lawsuit had been anticipated in an August 2012 article co-authored by bioethicist Arthur Caplan which discussed the applicability of the landmark California Supreme Court decision in Tarasoff v. Regents of the University of California (1976) to the facts of the Aurora shooting.  This case is applicable here, although I pray daily and often each day, that my mother survives this horrifying ordeal, but should she be murdered because the ILARDC and law enforcement fail to act, knowing the ‘facts’ as they do, I, and I know other family and friends will move to file a similar suit in Federal Court.  All have a good day.
 
Again, the IARDC, Toerpe, AS, CF, PS have simply distracted you, me, the media, the Courts from the true issue at hand:  MARY G. SYKES.  We need to be focused.  Altered and amended official transcripts are problematic not just for the court reporter, but the Court.  Judge Stuart told me when I reported other transcripts altered, edited and amended, and told me that she, as the Judge, had a right to delete narrative from the transcripts.  
 
Healthy Regards,
 
Gloria Jean Sykes

Frm Ken Ditkowsky

From: kenneth ditkowsky
Sent: Jul 31, 2013 11:17 AM
To: Eric Holder , Cook County States Attorney , “Mary_Woolery@isp.state.il.us” , Edward Carter , “ACLU@ACLU.ORG” , “acluofillinois@aclu-il.org” , “illinois.ardc@gmail.com”
Cc: NASGA , probate sharks , JoAnne Denison , Harry Heckert , Len Holland , “janet_c_phelan@yahoo.com”
Subject: Comments by Ms. Gloria Sykes – that should be noted!

The sweeping under the ‘rug time’ is over.     For four years Mary Sykes has been deprived of her liberty and her property.    For four years Mary Sykes has been deprived of the companionship of her two surviving siblings, her friends, her younger daughter, her  garden club and her church by two de-facto guardian ad litems, a defacto a plenary guardian and a host of State of Illinois paid lawyers acting in concert in the illegal quest – pursuant to the color of authority (law) by a Court lacking jurisdiction.  The Rule of Law as set out in 755 ILCS 5/11a – 3 et seq. has been ignored.    The Rule of Law (First Amendment Rights) set out by the United States Supreme Court has been ignored.   The core values of the United States of America have been assaulted.   Everyone at this point in time is aware that 755 ILCS 5/11a – 10 – which is jurisdictional – was intentionally ignored.    Thus, the Circuit Court of Cook Counthy lacked jurisdiction to separate Mary Sykes from her liberty and property – and for 4 years has been hoodwinked by Stern, Farenga, et al to not properly address the issue.
The actions of the  Attorney Adam Stern, Cynthia Farenga, Peter Schmiedel as reported by Ms. Sykes and other to the Illinois Attorney Registration and Discipline Commission are so reprehensible as to shock the consciousness of every citizen except apparently those employed by the State of Illinois as four years have elapsed and Mary is being kept in a secret location away from her family, her friends, her garden club, her church.    Her home was secretly sold so that she is now ready to be elder cleansed!     Gloria Sykes (Mary’s younger daughter) is absolutely correct!      Are the core values of American democracy alive and well?   Or have those values been so watered down that we now have a North Korean state in Illinois.
If the pattern of elder cleansing is followed, we will hear very shortly of the tragic death of Mary Sykes.    Mary will be cremated within hours and the miscreants will offer Mary’s two sisters and younger daughter their sincere condolences.    The million dollars in gold coins and other assets will go un-inventoried and untaxed.    The Peoples republic of Illinois will lose thousands of dollars in tax money while the miscreants will be well enriched for their efforts in the elder cleansing of Mary Sykes.    On June 25, 2013 Mr. Stern reported to the Court of the progress of Mary Sykes!    It was interrupted by the unauthorized visit of Mary’s younger sibling, her younger daughter and most seriously an elderly friend and two younger friends.    This visit interrupted a carefully crafted effort to, now that Mary’s home has been secretly disposed of by the miscreants, eliminate Mary’s presence.
Unfortunately the Rudy Bush and others can cite examples of similar ‘elder cleansing!’     Ms. Sykes is correct – no matter what documents or disciplinary proceedings the IARDC files against lawyers who complain,  law enforcement, the IARDC, the legal profession, and the media are going to be reminded daily that in Naperville Illinois there sits a senior citizen (warehoused and waiting to die) who has been illegally deprived of her liberty and her property.     Read Ms. Sykes’ statement, and read her deposition!   Read Mary’s sister’s deposition!     Why has no grand jury being convened to investigate the Sykes case, the Gore case and the similar cases disclosed by the GAO report to Congress?     Why does the IARDC refuse to investigate Adam Stern, Cynthia Farenga, Peter Schmiedel and it own staff who have openly and notoriously ****.   (The latest gambit being to make a veiled threat – in my opinion – to Ms. Sykes on July 1, 2013 that Adam Stern was in her future as her guardian ad litem)  [for the record it took 17 day thereafter for Senior attorney G to try to color her letter refusing to investigate Stern as a typographical error!]
We need that HONEST intelligent complete and comprehensive examination right now.    A Federal Grand Jury would be an appropriate forum for the investigation to commence.
Ken Ditkowsky

www.ditkowskylawoffice.com

I have found a WONDERFUL expert Constitutional Law witness

This will be submitted to the ARDC today:

My qualifications as an expert in Constitutional Law are as follows:
I am a graduate of the University of Chicago, and Loyola School of Law.   I received my law degree on or about November 28, 1961   I am (or was ) listed in Who’s Who in America and Who’s Who in Law.    I argued the case of Terrazas vs. Vance before the Supreme Court of Illinois, and was the lead attorney in Berger vs. Berg, a teacher case in which the 7th Circuit ruled that a teacher under the circumstances of Ms. Berger had a liberty interest in her position.   Previously, any teacher without tenure was deemed not eligible to sue under 42 USCA 1983.   If you look up my name of WestLaw there is a list of some of the appeals that I handled, including a number of Civil Rights actions.
I can offer you the following opinion:    After reading the statute 755 ILCS 5/11a – 1 et seq.   It is my opinion that the Illinois legislature adopted a comprehensive plan for the protection of senior citizens and disabled people.    This plan has been ruled by the Illinois Supreme Court and the Appellate Court of Illinois to require strict compliance with 11a – 10 and have made the compliance jurisdictional.    They did this so as to protect the due process rights of senior citizens such as Mary Sykes.   The said statute is comprehensive in its attempt to protect senior citizens (and other disabled persons) from the Buck vs. Bell approach.    The declaration of incompetency is not a ‘death sentence’ and does not give the guardians a ‘life and death’ decree to deprive a senior of her liberty and property.
11a – 3 provides a strict limitation on the authority of a Court that obtains jurisdiction pursuant to 11a – 10.    It imposes the ancient ‘parens patrie’ credo of providing the help that an disabled person requires preserving the liberty and property rights.     I assure due process section 11a – 7 sets venue where the Court can most comfortably oversee the disabled person and make certain that her rights are not infringed upon.   to assure that the disabled person is protected, section 11a – 8 requires that particular disclosures are made.   One of the disclosures is the identity of ‘close relatives’ such as siblings.    (It should be noted that if you examine the petition filed in the Sykes case it is inadequate as it fails to disclose either sibling of Mary Sykes).
to protect against over zealous guardians the guardian must pursuant to 11a – 17 and 11a – 18 give the Court (and serve notice) of any changes in the life or life style of the disabled person.
Based upon the record in the Sykes case it is apparent that 1) venue is wrong, 2) the petition is faulty, 3) whatever was attempted as a hearing was faulty = a person must be declared incompetent by ‘clear and convincing evidence’      This means that someone must testify in every case who can testify as a medical certainty that x, y, and z facts exist or do not exist.     As the person who is subject to the proceeding might be incompetent it is a matter of due process and jurisdiction that the close relatives receive 14 days prior notice and every consideration be afforded the alleged incompetent.   This in Sykes 4) there was no jurisdiction and 5) the Court did not follow the statute.
Thus, in my opinion the proceedings were deficient, no jurisdiction was obtained and Farenga, Stern, et al  knew or should have known that 1) there was no jurisdiction and that 2) that the denial of Mary of her civil, human, liberty and property rights was wrongful.      Pursuant to Article 1 of the Illinois Constitution and the1st, 5th and 14th amendments tot he United STates Constitution Mary Sykes civil rights were violated.    Pursuant to the 1st, 5th and 14th amendments you rights were violated by the IARDC prosecution of you and pursuant to section 230 the IARDC knew or should have known that in attempting to impede your blog they were violating you civil rights and statutory rights.
However, it goes much further.   As an agency of the State (i.e. the Supreme Court of the United States) the IARDC knew or should know that it and its staff is required to follow the RULE OF LAW.    In following the law the IARDC is aware that the information placed on your blog is content based speech and it has no delegation of authority to regulate it.   In particular the Citizen’s United, Alvarez, Brown, New York Times and a host of other cases decided by the Supreme Court have determined that such is protected speech and it is unconstitutional for government to directly or indirectly interfere with the same.     A disciplinary proceeding is such an interference and therefore ultra vires!
The really sad part of all of this is that the foregoing is basic.    Pre-teen age children are required by law to be aware of these principles as a condition of being admitted to ‘high school’     It should be mandatory for lawyers to understand at least as much as the average 12 year old!
Ken Ditkowsky

 

A Response letter to Loyola University–please help us lawyers protect the elderly!

To: “lawalumni@luc.edu” <lawalumni@luc.edu>
Cc: Eric Holder <askdoj@usdoj.gov>, matt senator kirk <matt_abbott@kirk.senate.gov>, “illinois.ardc@gmail.com” <illinois.ardc@gmail.com>, Cook County States Attorney <statesattorney@cookcountyil.gov>
Subject: Re: A day to reflect and give thanks
Date: Jul 31, 2013 9:48 AM
Thank you for your communication.
It is indeed a day to reflect and give thanks.   It is a day that closer to the eradication of ‘elder cleansing’ (the sister of ethic and racial cleansing).    It is a day closer to the legal profession recognizing that when a senior citizen such as Mary Sykes is ‘railroaded’ into a guardian ship and deprived of her liberty and property by a Court lacking jurisdiction such is a terrorist act assaulting the core values of America.    Indeed, we are lucky indeed  (and grateful) that citizens such as those who have banned together in NASGA, Probate Sharks, et al are staying the course to keep alive the opposition to the American gulag that has enveloped so much of the national probate judicial system.     As Dr. King stated:  everything that Hitler did was legal!   It was immoral but legal.   Elder cleansing aided and abetted by miscreants not wearing ‘brown shirts’ is still amoral and wrong.
Governor Quinn is reported to have set up an agency to deal with elder abuse and Financial exploitation (elder cleansing is  when the finances are redirected from the senior citizen – Like Mary Sykes – to the miscreants .    The victim is then kept isolated from those she loves, such as  her sisters, her younger daughter, her friends, her activities and her home (which has now been sold).   Mary Sykes ( senior victim) is thus placed in a nursing home warehouse to die!  – In the Sykes case one of the GALs was reported to have informed the Court of the wonderful progress Mary was making – until interrupted by an unauthorized visit from Mary’s elderly sister, her neice, her younger daughter and a family friend.    Of course the GAL and the plenary guardian immediately acted to stop Mary Sykes’ visit with her family and the local police terminated the unauthorized visit.    Rest assurred Mary has been once again moved to a secret location so that her isolation can continue unabated!)    We pray that this is not just another bureaucratic cemetery.
I want you to know that my three years at Loyola Law School taught me to stand up for the First Amendment.  Thus even though the Illinois ARDC considers it unethical for me to exercise my First Amendment Rights and be critical of the new American Holocaust  I have copied them  on this e-mail just to make certain that they are aware that I am not repentant for being an American and following the principles that Loyola embedded in me more than a half century ago.
If I never properly expressed my appreciation to Loyola I do it now.
Ken Ditkowsky

www.ditkowskylawoffice.com

Again, we ask, why does not the court and GAL’s do their jobs and protect the vulnerable elderly?

From: kenneth ditkowsky
Sent: Jul 31, 2013 9:17 AM
To: rudy bush , JoAnne Denison , Janet Phelan
Cc: NASGA , probate sharks , j ditkowsky , Harry Heckert , Cook County States Attorney , Eric Holder , matt senator kirk , “60m@cbsnews.com” <60m@cbsnews.com>, “zamirkatan@aol.com” , “ildbambic@govabuse.org” , “illinois.ardc@gmail.com”
Subject: Re: Trustee’s Rights to own trust property

Dear R***    Just for the record:
The government of the sovereign States of the United States of America have adopted the English Common law and added to it.    To facilitate investment they have allowed entities to be developed that would shelter the investment from creditors of the individual.   Amongst these entities are: corporations, partnerships, trusts, etc.    A trust is not an evil thing – it is device to accomplish a particular purpose.   One of the purposes is to avoid probate expense and interruption.
If you have ten dollars and want to invest it in a widget making operation, but do not wish to risk you home which has a value of twenty dollars you can create a ‘business trust,’ a limited liability corporation, business corporation etc.   This entity using your ten dollars as capital can purchase a manufacturing plant, hire workers and commence business as if it had an independent existence.    If it makes a million dollars it pays the taxes on the million dollars at the corporate rate.   Pursuant the Citizens United it can even contribute to the political campaign of ****.
If you have ten dollars and you wish that the ten dollars be used to care for you in your old age you can declare yourself or appoint a trustee to take your ten dollars, invest it and use the principal and interest to take care of you in your old age.    If you do not wish the trust to be available to creditors etc all you have to do is provide the trust with spendthrift provisions.     There is nothing sinister.   Your trustee is a fiduciary and as long as he/she acts as a prudent investor and a prudent person he/she incurs no liability.    However, if the trustee misdirects a penny it is a very serious problem that could result in serious liability or even jail.    Within these parameters a trustee has great discretion and the beneficiary has little to say about it.   The trustee corpus (i.e. the property of the trust) is owned by the trustee subject to the trust declaration or agreement.
The conservatorship is a horse of a different color.    Its derivation is ‘parens patrie.’   This is the doctrine of English law intended to protect those people could not take care of themselves.    This included children, the disabled, the elderly etc.     The Chancellor (Church) would administer the State and private assets so that these disabled people could have useful and comfortable lives.     To facilitate the protection of the disabled probate acts were enacted so that the administration could be more efficient.   For instance in Illinois we have title 11a of the probate act.   This is a comprehensive code that ‘covers the waterfront’ in detailing the protections to be afforded those person who are alleged to be disabled.    755 ILCS 11a – 3 set forth the credo of the act.   To protect the disabled person from being railroaded into a guardian ship 11a – 8 requires certain disclosures and 11a – 10 sets out the method of obtaining jurisdiction.   11a – 17 and 11a – 18 provide for the administration.
Unfortunately, the one problem that no society has been able to solve is how to deal with the miscreant element who ‘game’  the system.    In the Sykes case we have two guardian ad litem and a bunch of regulators who claim to operate under the system of ‘hear no evil’ ‘see not evil’ and ‘cover-up all evil’   Thus Mary Sykes has had her estate ravaged (over a million dollars has not been inventoried) and her liberty rights separated from her.   She has been totally separated from her two siblings, her younger daughter, her friends, and her activities.    So obscene is the situation that Adam Stern (GAL) has been heard to brag of the progress that Mary is making.    Indeed, she is making progress toward the Alice Gore scenario – i.e. stripped of her liberty and property and having her filings removed and the gold therein *****.     The GAO report to Congress indicates that this is not an uncommon situation, but is fast become the new norm.   Elder cleansing is as much of a fact North Korea, the Gulags of Soviet Russia, and the National socialist movement.
Yes, R*** I realize that the Illinois Attorney Registration and Discipline Commission is attempting to separate me from my law license for   exercising my First Amendment Rights and responding to your inquiries; however, this is still America and I am not going to be intimidated by bureaucrats who are offended by the Bill of Rights!     I requested law enforcement to do an HONEST intelligent, complete and comprehensive investigation of these ‘elder cleansing cases’ and I expect that it will occur and justice will be served.    It is sad that it will be too late for your mother, Ms Cooper’s mother, Mary Sykes and the thousands of seniors who are not subject to American Holocaust!
Dr. King pointed out that everything Hitler did was legal!     I want to point out that what has happened in the Sykes case and similar cases is still contrary to experience of a large segment of the America public.    The Sykes case is a post-board case of elder cleansing!    The miscreants represent a minority.    However, like any cancer left untreated this minority has created a terrorist attack on the ‘core values’ of the United States of America.   Those who protect these miscreants and aid and abet them are equally culpable.   (see Estate of Lieberman 391 Ill App 3d 882)    Like the trustee, the GALs, the plenary guardians, and the public officials all a fiduciaries to the public and to the persons subjected to the act.    They are held to a high standard of conduct which they do not seem to recognize; however, they will.
Ken Ditkowsky

www.ditkowskylawoffice.com

From KDD, fighting for justice in Probate

From: kenneth ditkowsky
Sent: Jul 29, 2013 8:07 PM
To: “jdit@aol.com”
Cc: j ditkowsky , “IllinoisLawyerNow@isba.org” , JoAnne Denison , NASGA , probate sharks
Subject: Re: this could be relevant

It is relevant in several ways.   1) the profiling aspect has gone un-noticed;  2) the disrespect for the Rule of Law does not raise any concern; 3) unlike the cases in which a senior citizen is profiled and targeted for deprivation of his/her liberty, property, civil and human rights, the media, law enforcement et al are all geared to protect the ‘gun owner.’      Most significant is the fact that apparently we have elected as judges individuals who cannot separate their personal bias from their duty.
Being elected to a position such as judge does not confer respect.   Respect is earned.     The office of judge has a certain degree of respect, but, the person who occupies the office can denigrate it very quickly by the demonstration of incompetence or bias.    Read the Connors’ evidence deposition or the transcript of proceedings of June 25, 2013 before Judge Stuart.  After you read the documents tell me how much respect you have for Judge Connors and/or Judge Stuart!    Tell me how much respect you have for the Judges of Cook County and how you feel about the 2nd oldest profession!
In my long career (over 50 years) I’ve appeared before hundreds of judges.    Let me assure you that the two judges I refer to supra are unique.   I’ve appeared before John Lupe and I’ve never met either a litigant or a lawyer who left his courtroom and did not have nice words to say about him.   I spend over a month on a trial before Judge D. O’Brien.   My clients thought that he was a “God”       Similarly I tried two jury cases back to back before Judge Hubert Will.    I looked forward to go to his courtroom every day.   *****.
The ‘elder cleansing’ cases have exposed us to the nadir of the profession in every way.    If in November 1961 I met Cynthia Farenga, Peter Schmiedel and/or Adam Stern I would have chosen a different vocation.     Instead I met ‘real lawyers’ whose word meant something and who were ‘human’ beings.     I met real judges who made tough decisions based upon reason, humor and humanity.    I remember Dan Covelli.    I appeared before him on a case that was screwed up to the point where any decision made was ‘wrong!’    This was the H*** case.    A very large estate had to be distributed; however, the trust documents that were relevant violated the Rule against perpetuity’s and therefore was void.   Without the trust document there were multi=state title problems,  inheritance problems and a host of other problems.
My opponent and I elected to go before Judge Covelli, lay down all the facts as accurately as possible and let him make a decision on how to interpret our documents.    Covelli, put his feet on the bench, lit a cigar, and them directed the Sheriff to lock myself and my opponent in the jury room.   He ordered the Sheriff to let us out only after we had reached an agreement.    We thought he was joking – he was not!    It took an hour and we reached an agreement.   Covelli entered the order as an agreed order and off we went – laughing.    [of course you could not do that today!  today it would be false imprisonment, kidnapping, sexual assault  etc]    Real judges knew the attorneys that they were dealing with and knew the limits!    Covelli handling the Sykes case would have called in the States Attorney on day 1 and demanded an Honest, intelligent, complete and comprehensive investigation when without following the statute Cynthia Farenga (a GAL) sought to interfere with Gloria Sykes assets, and it appeared the 755 ILCs 5/11a – 10 was being ignored.    Even Judge Lupe would have called in law enforcement when Adam Stern’s whoopers started to flow.     O’Brien would have tossed the miscreants in jail when they brought their sanction motion against me!    It was obvious that they were attempting to intimidate me and they knew the Court had no jurisdiction.
Respect is earned!    What we have seen in these ‘elder cleansing cases’ does not warrant respect – it warrants condemnation!    The actions of the IARDC in demonstrating its lack of respect for the Rule of Law as set forth by the First Amendment and the dozen or so Supreme Court of the United States cases pointing out the ‘content related speech’ is not to be impeded by government is not only without jurisdiction but violative Canons of ethics to such a degree as the attorneys engaged in the travesty
 should be disbarred – rather than allowed to accept State of Illinois salary checks!.     Citizens United may not be popular, but the ruling is the RULE OF LAW.     The principles expressed are the RULE OF LAW and every lawyer and every judge is required to pay homage to those principles.   (see Rule 137).    As the same principles are decreed in Alvarez, Brown, et al the core reasoning of Citizen’s United is not going away anytime soon.    The lawyers who do not pay homage to the RULE OF LAW are not worthy of respect.   They have the right to express their opinions, but there is no right to draw a salary check from the State of Illinois to violate my rights, privileges and immunities.   Their is no right to profile Mary Sykes and for Adam Stern, Cynthia Farenga, Peter Schmiedel et al to have license to  isolate her from her family, her friends, her activities and her property.     Indeed, as there was no jurisdiction in the Circuit Court obtained because of the violation of 755 ILCS 5/11a – 10  (including 10(f)) law enforcement should appropriately do an investigation as to what criminal laws have been violated (if any) but the conduct of Stern, Farenga, Schmiedel and those who worked so diligently to deprive Mary Sykes of her liberty and property.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/