Why is a fair trial so important?

Some important law from Ken Ditkowsky

 

A fair trial in a fair tribunal is a basic requirement of due process.” People v. Hawkins, 181 Ill.2d 41, 50, 228 Ill.Dec. 924, 690 N.E.2d 999 (1998) (citing Bracy, 520 U.S. 899, 117 S.Ct. 1793). “Fairness at trial requires not only the absence of actual bias but also the absence of the probability of bias.” **971 *1001 Hawkins, 181 Ill.2d at 50, 228 Ill.Dec. 924, 690 N.E.2d 999 (citing In re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623, 99 L.Ed. 942 (1955)). “To this end, no person is permitted to judge cases in which he or she has an interest in the outcome.” Hawkins, 181 Ill.2d at 50, 228 Ill.Dec. 924, 690 N.E.2d 999. “ ‘Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused denies the latter due process of law.’ ” Hawkins, 181 Ill.2d at 51, 228 Ill.Dec. 924, 690 N.E.2d 999 (quoting Tumey v. Ohio, 273 U.S. 510, 532, 47 S.Ct. 437, 71 L.Ed. 749

People v. Gacho, 2012 IL App (1st) 091675, 967 N.E.2d 994, 1000-01
In Sykes, there was no discovery afforded Gloria, no pretrial motions, and Judge Connors gave about 15 minutes to the family to talk for a bit. I recall during that conversation CT told the court that she would allow Gloria to see Mary freely, if appointed.
This is in stark contrast to the clearly upset Mary at the nursing home who was asked “when can I see my beloved Gloria again” to which CT shouted “NEVER” and marched her off to a private room, pushing her in the back all the way along.
Some how a portion of that tape survives.  But no one cares.  The state said claims of abuse by grabing Mary until she shouted out, and then marching her down the hall away from Gloria whom she desperately wanted to see was somehow not abusive.
But the state cares more about prosecuting myself and Ken for speaking out against all of the elders who have been grossly abused in probate court.  What we say apparently isn’t pretty, the politicans don’t want to clean it up and they want no one to see the mess, but as KDD testified during his hearing, an independent government survey showed guardianship and probate court abuses were widespread across the nation.
LB asked Ken if he was “sorry” for quoting the GAO study INSTEAD of taking her own responsibility for cleaning up the mess.
The GAO was stating the facts.  Ken was repeating the facts.  A blog and a newspaper and journals merely collect and report on the facts. What does sorry have to do with this.  Does the American public want the ARDC to put our news thru a “sorry” filter.
As they used to say in Russia, where there were two papers–one meaning Truth, and the other News, there is no Izvestiya in Pravda and there is no Pravda in Izvestiya.
I think Russia tried that and it failed.
Joanne

Corrupt case of the day

Dear Readers;

I am putting this case out there but I have to redact it for two reasons:  1) the ARDC does not like lawyers talking about corruption and their position is there is none….that is despite the fact I receive tons of emails to the contrary; and 2) apparently the goons and thugs have told me “don’t name names”.  I don’t need any more broken windshields or sugar in my gas.

so read on below.

It has been submitted to askdoj@doj.gov and to the emails for the state’s attorneys.  I don’t know if I’m not supposed to publish those.  In Ken’s trial, LB asked Ken if he was sorry for repeated in an email that was directly out of a GAO report indicating that probate court and guardian abuse were an epidemic after the author investigated.  “Feel sorry?”  Attorneys only present the facts, they are what they are, and then you put them in argument.  Some facts some people like, other facts aren’t liked, depending on what side of the fence you’re on.  We are not judges.  We don’t write opinions based upon how someone “feels.”  And most judges write opinions based upon the law not feelings.

LB must have taken psychology and thinks it applies to the duties of lawyers and judges.

The law is, you have to have jurisdiction, and to do that, you have to have a properly served and noticed summons and complaint, or at least a summons.  The Illinois Probate Act requires much more because the person you’re trying to get jurisdiction over is allegedly incompetent, so assuredly the family–adult parents, siblings and children must be timely notified to so the proper guardian is selected and the court is fully advised of all pertinent family members–who is an abuser, who is not; who can be trusted, who can not be; who the ward likes to be around and who they can’t stand to be around, etc.

All of this is in the law and the caselaw.

So read on for another case of corruption.  I am hoping, for the sake of the poor client, we can get a second trial or re do on the summary judgment motion of liability from all of this.

JoAnne

Dear Ken and Gloria
X had a case fixed ($6 million claim) in X of 2011, after a two week trial.   X was told it was fixed beforehand but during the trial it was a blood bath, the judge X ruled against Plaintiffs objections over and over again, sustained 95% of theirs, and then made a ridiculous ruling–even going to far as to blame the Plaintiff’s brother for the misdeeds of the defendants!

It was fixed by suddenly transferring it from Judge Y who suddenly said “he had no time for a trial” to some case assignment room with a “random judge generator” (which no one ever sees in operation–they went “to the back room”  and suddenly popped up with a judge.

Names involved:  Y for handing off the case and he knew or should have known to a place where they “fix” cases, and that “case transfer room” on the 14th floor was ridiculous too.

All of the players involved in this scheme are below, and I’m turning it over to Eric Holder and State’s attorneys for investigation of all of these players

The X center is filled with dirt and scum at the bar and on the bench.

Disgusting.

joanne

case
200X-L-00XXXX

Activity Date: 6/23/20xx Participant: Z
TRANSFER TO JUDGE WITHIN DIVISION
Judge: X
Microfilm: LD000bbbb
Activity Date: 6/23/20xx Participant: X
CASE SET ON ASSIGNMENT CALL
Date: 7/11/20xx
Court Time: 1000
Judge: X
Microfilm: LD000bbbb
Activity Date: 6/23/20xx Participant: X
ORDER SCANNED
Activity Date: 7/8/20xx Participant: V
CASE CONTINUED ON TRIAL CALL
Date: 7/11/20xx

Again, raising the ugly issue of visitation and how to pretend to do one’s duty as a plenary guardian

Dear Readers;

As you are all aware, it is common to take a targeted senior (meaning targeted by the OPG or a tied in probate attorney) and then isolate them, drain the estate and kill them off.  You now know the procedure over and over again.

A recent news story reports that three young women were held in a basement, restrained for 3 years and the miscreant got the death penalty for that.

Ken quipped if the women were elderly, held in a basement for 3 years against their will, property taken, bank accounts drained, they would call it “probate” and then have the miscreant lecture at approved “probate organization” meetings on how he carefully tended to 3 old women for years before they died and kept them from harming themselves with nosey relatives and the scary streets.  He would have received the guardian’s fee, and a probate court would have approved because several GAL’s and probate attorneys would have gotten the rest of the estate, together with “anti social” workers and case “mis” managers.  But I digress.

Illinois clearly needs to pass a “loss of consortium” law between parent and child and siblings and make the remedies enhanced where the victim is a senior that is being isolated.

CT has absolutely no court order that Gloria, Kathie or Yolanda needs a supervisor.  That has been done before and it didn’t work.  Gloria brings a minister, CT starts it up with abusive behavior and negative comments, that is reported and CT turns it around and blames Gloria and all the miscreant attorneys back it up that Gloria is the problem.  No reason to go there again.  Of course, the clergy denies it and the court ignores it.

One of our good friends and probate victims, RB pointed out, in probate, why is it “visitation” when what is really happening is social time between two consenting adults.  Mary is not a child to be granted “visitation” with momma and pops or nanna and pop pops.  She is a full grown adult, and competent to the extent she knows and loves and misses Gloria.  Video evidence was taken of that and the Naperville police incredulously destroyed it and I have yet to see Sgt. Krakow go report himself for misconduct or Commander Krammerer take any action or issue any apology or reconstruct the file, which has been already published here!  Isn’t that classic obstruction of justice and witness tampering.  Again, complaints are filed and no action taken.

Perhaps we need to start calling the visits with Mary “mother child bonding time”, with Yolanda “sister time”, with Kathie “aunt and niece bonding time”.

Gloria gets no bonding time with her mother and they love one another dearly. I saw that, as well as Scott Evans, the Garden Club of Norwood Park, dozens of citizens saw it on a daily basis and knew of it.  Why do the miscreants hide it when they get to court then?

Read on to what Ken Ditkowsky has to say today:

From: kenneth ditkowsky <kenditkowsky@yahoo.com>
To: GLORIA Jean SYKES <gloami@msn.com>; Tim Lahrman NASGA <timlahrman@aol.com>; Eric Holder <askdoj@usdoj.gov>; matt_abbott <matt_abbott@kirk.senate.gov>; Cook County States Attorney <statesattorney@cookcountyil.gov>; Mary_Woolery <Mary_Woolery@isp.state.il.us>; 60m <60m@cbsnews.com>; tips <tips@elderabuseexposed.com>; tips <tips@tribune.com>; SUNTIMES <letters@suntimes.com>; ACLU <ACLU@ACLU.ORG>; illinois.ardc <illinois.ardc@gmail.com>; illinois.ardc <illinois.ardc@gmail.com>; NASGA <NASGA.org@gmail.com>; probate sharks <verenusl@gmail.com>; JoAnne Denison <JoAnne@DenisonLaw.com>; Kathie Bakken <k_bakken@att.net>
Cc: Harry Heckert <vahrh1135@aol.com>; j ditkowsky <jdit@aol.com>; denise <denise@momsv.org>
Sent: Wed, Sep 25, 2013 6:46 pm
Subject: Re: Email from Toerpe to aunt yo

Gloria/Tim/Kathy/Aunt Yo/General Holder/Senator Kirk
Gloria thank you for sending me the e-mail that you received from the plenary guardian for Mary Sykes (Toepe)  It is a waste of time to send a copy to the Mr. Stern or Ms. Farenga as they will complain to the Illinois ARDC that the complaint concerning the continued isolation (Abuse of an elderly person) is unethical and attorneys cannot complain concerning Elder Cleansing acts.   I therefore have reported myself to the IARDC and have sent them a copy of this e-mail which also copies Mr. Holder and various news organizations.  My responsibility as a human being is more important than covering up for persons engaged in elder cleansing!
What is tragic is that Mary Sykes is being held hostage in by her plenary guardian and being kept isolated from her family and in particularly her younger sister Yolanda.   This report of continued elder abuse apparently does not trouble either the two guardian ad litem; however, as this is the 3rd phase of elder cleansing and reasonably calculated to destroy Mary’s will to live and cause her death I am concerned.   I am also concerned that the appointment of Toerpe as guardian was done without compliance with 755 ILCS 5/11a – 10 – which is jurisdictional and the criterion of 11a – 3 was totally ignored.   (The circumstances of the appointment are obscene but that is another issue).
What is important is the fact that this e-mail reveals that 755 ILCs 5/11a – 17 and 18 are also being ignored by the plenary guardian.   The plenary guardian was appointed not to deprive Mary Sykes of her dignity, liberty and property, but only for the purposes stated in 755 ILCS 5/11a – 3(b).   If changes are to be considered the guardian must make application pursuant to 755 ILCS 5/11a – 17 and 18.    This fact seems to have been lost!  However, as it appears that the ‘system’ is designed to provide profit for the anointed “judicial officials”  (word used by Mr. Larkin to refer to our friends the miscreants, to wit: the two guardian ad litem, Ms. T, and her attorney – and those who aid and abet them) it is apparent that the statute is just a ‘technicality’ to be ignored.
This e-mail sent by Ms. T discloses her total disregard for her responsibilities as guardian.   The fact that Mr. Stern and Ms. Farenga have been active in the isolation of Mary Sykes and the fostering of these violations of 755 ILCS 5/11a – 3, 17 & 18 is reprehensible and labels them assessories before and during the fact.    The isolation clearly is intended to destroy Mary Sykes’ will to live and thus prematurely end her life!
I’ve copied law enforcement and as a human being I am on bended knee begging for this travesty to end and that the protections of 755 ILCS 5/11a et seq be afforded to innocent Mary Sykes and the other senior citizens who are being abused and exploited by the cottage industry of ‘elder cleansing.’   I understand that my allowing Mary Sykes to visit freely with her sisters and her younger daughter the program of elder cleansing might be delayed and Mary might live a few days more; however – do we still live in the United STates of America?
(we all get old and we become vulnerable – thus we are all subject to ‘elder cleansing.’   If we do not join together and act to free Mary Sykes and all those seniors similarly situated let me assure you that you have in your future CT, AS, and/or CF.  I do not want this for your or me and therefore I selfishly pray that law enforcement will step in a restore the Rule of Law and end this terrorism!)
Ken Ditkowsky
From: GLORIA Jean SYKES <gloami@msn.com>
To: kenditkowsky@yahoo.com; Tim Lahrman NASGA <timlahrman@aol.com>
Sent: Wednesday, September 25, 2013 3:20 PM
Subject: Email from Toerpe to aunt yo

Sent from my iPhone

Begin forwarded message:
From: ybakken@pick911.com
Date: September 25, 2013 2:31:40 PM CDT
To: undisclosed-recipients:;
Subject: Fwd:  Visit

—–Original Message—–
From: Carolyn Toerpe [mailto:carolyn.toerpe@gmail.com?]
Sent: Friday, August 30, 2013 03:05 PM
To: ybakken@pick911.com
Cc: ‘Peter Schmiedel’, ‘Cynthia Farenga’, ‘Adam Stern’
Subject: Re: Visit

By the legal granting of Guardianship to me, by the State of Illinois.

And by all your past behaviors, in which you and yours, abut Gloria Sykes and her following of those who refuse to accept reality.
Carolyn
On Fri, Aug 30, 2013 at 11:34 AM, <ybakken@pick911.com> wrote:

Under what authority is this a requirement?

—–Original Message—–
From: carolyn.toerpe@gmail.com [mailto:carolyn.toerpe@gmail.com]
Sent: Tuesday, August 27, 2013 09:03 PM
To: ybakken@pick911.com
Cc: ‘Peter Schmiedel’, ‘Cynthia Farenga’, ‘Adam Stern’
Subject: Visit

As there was no communication as to a suggestion for a professional supervisor, there will be no visit tomorrow. Carolyn Sent from my iPad

Posted with permission of Ken Ditkowsky.  Other emails posted on “newsworthy basis”

 

From Ken Ditkowsky–he re-reads Atty Larkins brief and finds no case support

for regulating non commercial speech, the ability of Illinois attorneys to speak out against corruption, and to further the goals of truth and justice in our society.

From: kenneth ditkowsky
Sent: Sep 23, 2013 5:29 PM
To: JoAnne Denison
Cc: “lawrence@Lhyman.com” , Don Johnson
Subject: Fw: WestlawNext – Reichle v. Howards

The ball keep rolling along.   I do not know if I sent you this case before.   It is a clear statement as to the qualified immunity situation.   It also is another confirmation that Mr. Larkin’s actions are clearly ultra-vires and he is aware of the same.
I read Larkin’s brief again. (before the Review Commission) If ever there was an example of disrespect for the Rule of Law the brief meets that criterion.  Each of the ‘older’ Supreme Court cases that Larkin cites makes it very clear that Attorneys do have First Amendment Rights and there is no room for larkin or anyone else to impead content related speech.
The Sawyer case as an example held for the attorney.   It found that there was no impairment by local rule or otherwise to stop her from speaking out.   Not one of the Supreme Court cases cited by Larkin comes close to suggesting that an Administrator has to power or the jurisdiction to stop an attorney from speaking out on any content related or political subject.   There is some indication that an attorney’s advertising has to be reasonable, but, as judges are elected officials they are subject to critical comment as such is required by a free electorate.
This stuff is so basic that it ‘hurts’ that such ignorance of the basic principles of American society are not readily understood and protected.   Something is wrong when lawyers are paid by the State of Illinois and do not exhibit the knowledge that pre-teens are required to exhibit to get into ‘high school’     If Lawyers are ignorant as to the the basic protections afforded all citizens how are they competent to advise the public!   Indeed, why is the IARDC not bringing proceedings against these lawyers who represent themselves to be attorneys and have no idea as to what the First Amendment specifies!
I do not know how the public protects itself from this terrible situation, but it certainly has to do so – I can understand a lawyer having no familiarity with section 5 of the Federal Trade Commission Act, but, a lawyer no knowing that other lawyers have the right to communicate with the Attorney General of the United STates and law enforcement is too much!!
I realize that Mr. Larkin, the IARDC, and the miscreants expect that you and I will shake in our boots because of the disciplinary proceedings that have been wrongfully brought against us; however, if they read the cases that recently were handed down by the United States Supreme Court ****.
What is interesting is the fact that Larkin is so reluctant to join in calling for an HONEST complete and comprehensive investigation of the Sykes case and its related miscreants.   I guess trying to explain the non-action on the citizen complaint letters is too much of a challenge.   Certainly our friends letters that have been furnished during discovery are hard to explain.   Judy has a thing about that letter from CF rationalizing that there could be no gold coins as if they existed Gloria would have been expected by her (CF) to have stolen them!!   Indeed, that suggests to me that such is exactly what happened when CT got into the safety deposit box.    How else could CT have afforded (with her husband unemployed and having been just days before pecuniarily embarrassed) the house remodeling and the lavish wedding for her daughter.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

Dear Ken;

It is indeed a sad day when lawyers cannot speak out against corruption and point out cases where jurisdiction is lacking–Sykes, Bedin, Wyman, Marcelle, etc.  And when jurisdiction is pointed out to the ARDC, they do not consider it a “serious matter” enough to launch an honest, complete and thorough investigation into these cases to protect the human and civil rights of the disabled persons involved.  It is indeed very disappointing.

Attys Larkin, SO and MS are silent on this at best, moving to strike valuable evidence from the file at worst.

How did these attorneys get to work for the ARDC and why aren’t they helping out probate victims rather than going after honest and ethical attorneys?  Have they no shame?  Is there nothing too low and evil they can aspire to?

I thought that the ARDC was a bastion of ethics, morals and lofty ideas for the attorneys in the State of Illinois.  It should be a break away from the lack of civilization we see, even in Chicago, with dozens shot and murdered on the South and West sides and the City just says “hire more cops” when the reality is, we do nothing to teach peace and love.  And the true peace and love comes from our own innate ability to see truth, peace, justice and equities done in the world.

Let’s keep on going and keep on reminding people that the most important thing for Chicagoans to do right now is to band together for the loftier goals of peace, love, justice, truth, equity and all the wonderful things we have been given to distribute in the world.

The world doesn’t have to be a scary place for seniors, their homes and property.

You and I can change that, Ken.

JoAnne

How much freedom is there afforded in our new tech savvy world? Facebook is now included!

From the Wall Street Journal today:

 

http://online.wsj.com/article/SB10001424127887324807704579083391772699608.html#articleTabs%3Darticle

 

an article on how when a person said they “liked” another candidate they were fired by their boss!

The employee alleged that he had a first amendment right to “like” something on Facebook, even if his boss did not.  In this case, the employee was a deputy and his boss was the sheriff.  The employee said he like the opposing candidate and the boss fired him.

Since we all know someone who got fired for expressing political ideas at our work, this is an even more interesting case for you employers out there.

 

I find it fascinating.

JoAnne

More agencies to go to with claims of “elder abuse” and “elder exploitation”

This looks good on paper, but both Gloria and Kathie B. (both probate victims) are asking, so we went to these agencies and reported that Mary is being abused and the court has no jurisdiction, and nothing happened.  Over and over.  Years and years.

Sigh.

But go ahead and try:

ILLINOIS

Helplines, Hotlines, and Referral Sources

To report suspected elder abuse, neglect, or exploitation in Illinois:
  • 1-866-800-1409 (For suspected elder mistreatment in the home).
  • 1-888-206-1327 (For suspected elder mistreatment in the home, TTY access).
  • 217-524-6911 (For suspected elder mistreatment in the home, out of state line).
  • 1-800-252-8966 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, in state line).
  • 1-888-206-1327 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, TTY access).
  • 217-524-6911 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, out of state line).

Additional Information

Individuals wishing to report suspected elder mistreatment may telephone the state help lines listed above, or visit the Elder Abuse Provider Agencies Directory Download Adobe PDF Reader External Web Site Policy to contact specific county offices directly regarding suspected elder mistreatment in the home.
For suspected elder mistreatment in long-term care facilities, visit the Long-Term Care Ombudsman Directory Download Adobe PDF Reader External Web Site Policy
State elder abuse statistics and/or other publications, Available Here External Web Site Policy.

State Government Agencies

Laws and Regulations

Other Resources

It is my opinion that nothing will happen in this arena with tied in cases unless and until we get a team of FBI agents on the 18th floor trained to spot court elder abuse and financial exploitation.

It starts with lack of summons and complaint, then it moves to isolation.  What relatives can’t see the ward and why?  Is there something to hide?  Are there claims of uninventoried assets that are actively being ignored.  When the attorneys ask questions, investigate and spot obvious highly unusual activities in the estate, who is being prosecuted and investigated by the ARDC?  Is it the attorneys in probate that are acting strangely, or is it the attorneys that are reporting the strange activities together with the documents from the court’s own records in support of the questions.

No one likes to go to court and find their constitutional rights no longer exist.  No one likes to be put in a nursing home, their property sold, and have no access to court.  No one likes to be in a nursing home, locked down, forced on psychotropic drugs so they become zombies, unable to go to court, or while in court trying to make wishes know, they are told to “shush up”.   Relatives who want to report abuse are told to “shush up.”  Hearing aides and reading glasses are taken away so it is clear the person is demented because they can’t hear and can’t read.  Staff doesn’t care because the nursing home is only required to provide 2.5 hrs of individual care.   Somehow in probate just about everyone needs 24/7 care so they all go to nursing homes and their own homes are sold–whether you like it or not.

But where is the hue and outcry for poor Mary and her elderly brother and sisters that have gone thru this and many are still going thru this.

Advance directives ignored.  Guardians the ward never wanted.

The list goes on.

Is no one worried that the very fabric of our democratic, free and constitution based society “of the people” and “for the people” is fast becoming “for the corrupt and tied in and your local political crony?”

I didn’t see that in any of in the constitution.

just wondering

JoAnne

Interesting article on paying docs to perform surgerys in “surgical centers”

From the Tribune:

http://www.chicagotribune.com/news/local/ct-met-nayak-guilty-plea-20130921,0,4349554.story

It’s interesting to note the prosecution is over this businessman is directing certain traffic to his “surgical centers” by bribing doctors.  In other words, Nayak paid doctors $200 to $300 to use his surgical centers, then presumably the insurance companies paid much more to the surgical centers to “do medical business there”.

Apparently moving and directing medical business for profit is not really prohibited by the law directly.  The feds are prosecuting him under IRS tax laws for not filing the paperwork to report the bribes to the IRS, and then there is “honest services”– a very controversial part of Federal law that says businesses have to provide “honest services” for payment.  The feds allege that these payments were not disclosed to patients, even though there apparently is no real duty under the law to do so.  This is interesting because how many of us have gone to the doc’s offices, gotten a bill later and found all sorts of names on that bill we never even heard of besides the clinic’s and doctor’s name.  Lab services,PT, billing–you name it, bills are filled with names never heard of before.  And we always see amounts that are clearly suspect–such as massive amounts for routine blood tests that seemed to cost about half that years earlier.

The guy is linked to Blago and Rev. Jackson Jr. via campaign raising efforts.  No surprise.