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

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