From Rosann Miller–fighting for justice for her father in Ohio–Writ of Habeus Corpus

As some of you are already aware, far too many seniors are being isolated and probate attorneys and GAL’s etc. bar beloved family members from wards and alleged wards all to frequently, isolating them.

Rosann Miller has not seen her father in some time, Clair Miller was abused by her brother and arrested.  The house was found filthy and in disrepair.  Funds are missing from the estate, of course.

Read on below regarding another fight for justice in Ohio:

Substantial Constitutional Question or Why it’s of Public or Great General Interest

White Collar Public Corruption from Elder Murder, Abuse and Fraud

Logan County Probate and the 3rd Appellant Court’s decision (see Ohio Supreme Court cases 2009-1456 & 2010-1147) have rewritten the Legislative and Ohio Supreme Court LAWS governing adult Guardianships using discretionary interpretation better known as Judicial Tyranny. This will oust the credentialed experts to perform psychological evaluations for suspects charged of criminal crimes to determine the “insanity defense“ (McNaughton Rule) deciding competency to stand trial. These Judges used a MD, SW and GAL (who said Clair is okay) to override a PsyD, PhD and a Court Investigator (all mandated by the ORC and Rules of Superintendence) who found Clair Miller Mentally Impaired Incompetent (hereafter MII) necessitating a guardian. Also included is a City Municipal Prosecutor, Police Detective & Officer that testified Clair is not capable to testify on the witness stand (including the prosecution of his own wife’s case) or has no understanding of his business affairs. This is either incompetence or corruption and blatantly is disrespect & professionally arrogant against Dr. Tennenbaum, PhD’s 12 page Assessment that screams volumes Clair can’t answer ANYTHING. Dr. Tilley, PsyD. Psychological Evaluation adamantly diagnosed Clair is MII because of DEMENTIA not bereavement or a dysfunctional family. There is NO SUCH THING. Their Statement of Expert Evaluations & the Court Investigator Report checked MII, needs a Guardian & can NOT handle Finances or Person. This is NOT the definition “of sound mind or memory and free from undue influence or restraint” pursuant to O.R.C. 2111.01(D).

* Since the 3rd District and Judge Walters are affirming Judge Brady’s guardianship/estate rulings of “not incompetent“, the missing $177k becomes a mute point and it’s how they commit “White Collar Public Corruption“ because Clair doesn‘t realize the error. GAL Traul submitted this erroneous inventory on Nov 9, 2009 even though he knows the crime they are committing.

* The 3rd District said (Pg 5) Ann “previously cared for him” and if she is gone doesn’t he need someone for that now? Who do you know that has someone “personally care” for them if they are competent? It’s obvious Ann is gone given Clair’s medical, personal & business affairs are seriously falling apart and nobody denies he is being abused. This is insulting and disrespectful to my Mother and his wife.

* On (Pg 14) Those assets aren’t being used for Clair they are used to pay the suspect of Ann’s death who has remained in the house since & the system who applauds this. That is well noted through out Dr. Tennenbaum’s Assessment, which Brady was withholding from Public Record and we had to fight for up to the Ohio Supreme Court level. (2009-0313)

Logan County Prosecutor Heaton is Brady’s legal counsel before the Ohio Supreme Court and many times called the guardianship case “ADVERSARIAL LITIGATION” (Public Records Writ case 2009-0313) when they are NOT supposed to be adversarial but rem proceedings but Ann’s death sits in the prosecutor’s office. So will he work harder for his Judge or Ann given her case needs to stay under the rug to loot? This is blatantly a conflict of interest given Brady approved $177k missing from the Miller estate, paying James (the suspect) $200 PER WEEK since Nov 2007 and Walters gave Clair almost $9k Feb 2010 which Clair testified on May 4, 2010 under oath, he doesn’t have any knowledge of or his financial business accounts. Where is it going?

Ann’s death has been swept under a rug by the Executive Branch to aid the Judicial Branch to extort from a MII man who can’t even use a phone book, using him like a bumbling fool. I ask where is the First Branch of government in all this who set those ORC laws funded by tax dollars? If Judicial can override and make law from the bench we don’t need a Legislative branch.

Brady has violated:

Due Process of Law – On May 1, 2007 Brady was going to appoint a guardian of Clair if Rosanna would agree to an outside family member, which translates to one of his buddies. She said absolutely NOT and proceeded to uphold and honor her parents legal documents.

On July 10, 2007 Brady said 3 times this case would be decided by the weeks end

What and how many Codes, Laws, Rules, etc did he take an oath to honor and uphold, which gave him the power to address or rule on all the JE Orders, Motions, Briefs, etc. that he has ignored? Brady and the courts have manipulated the laws to languish the guardianship case for the fake appearance of “complicated” to make the events mirror their desires for monetary gain. When court cases can be “languished’ to steal from the MII, racking up costs and charges to litigants who prove their case by “clear and convincing evidence” undeniably screams “BIASED AND PREJUDICE” (hateful, spiteful, discriminating, retaliation, dishonorable, etc.)

ORC 2111.01(D)2111.022111.0312111.04(D)2111.142111.141

Superintendence of Rules 66 Guardianship

In Camera” = a Judge interjecting himself instead of using the ORC laws which were set in place for the Judge to gather evidence so as to remain impartial “In re: Guardianship of Lauder (2003 Ohio App. 10 Dist.), 2003 WL 194760. An in camera interview of the proposed ward flies in the face of this law and constitutes an abuse of discretion by the Probate Court. (ref. OSC 2010-1147 July 1, 2010 pg 17.)

Ann’s “Executor” (that Brady ordered) is diagnosed Mentally Impaired Incompetent and can “NOT witness in her murder”! There is an existing document the executor will pay his son if he is convicted for her death! If Clair can’t witness in her murder case how can he be her executor?

http://www.apa.org/topics/alzheimers/testing.aspx

“According to the Amsterdam researchers, for instance, the commonly used Mini Mental Status Exam is not as effective as other tests………“ But Brady used the MMSE to override a PsyD. Psychological Evaluation and a PhD Psychological Assessment because these two professional credentials in the field of psychology wouldn’t help Brady steal Clair and Ann’s estate.

The Judges rulings are contradictory to the outline and direction under this act.

JUDICIAL DETERMINATION OF CAPACITY OF OLDER ADULTS IN GUARDIANSHIP PROCEEDINGS.

http://www.apa.org/pi/aging/resources/guides/judges-diminished.pdf

(http://www.law.upenn.edu/bll/archives/ulc/fnact99/1990s/ugppa97.htm)

This is authored by the American Bar Association Commission on Law and Aging, American Psychological Association & National College of Probate Judges

Please see Page 3, column 4. Make Determination – “Analyze evidence in relation to the elements of STATE LAW” (This assures “discretionary” retaliation stays out of decisions)

Page 4, #2. Cognitive Functioning Component – “1997 Uniform Guardianship and Protective Proceedings Act (UGPPA) defines an incapacitated person as an individual who….is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance”. Please take note of Jury Instructions on Pg 61.

After you read the EXP EVALS and May 4, 2010 hearing transcript, does this describe my Dad?

It’s offensive that Brady accused Rosanna of “alleging there was an investigation” of my Mother’s death in his 9/2/2009 decision or that Heaton, who holds my Ann’s case, would submit something this shameful before the Ohio Supreme Court. Maybe if they had REAL investigations, instead of down at the donut shop as Brady is insinuating, Jim might be in jail for his crime now. This statement is located in OSC case 2009-1456 (at the end).

And as the 3rd district reiterated this line from Brady’s 9/2/09 guardianship decision “it is the duty of the Court to protect the rights of individuals and within the least restrictive alternative possible” –

The People’s” Interpretive Discretionary Translation =

It is the duty of the Court to protect the rights of individuals (convicted criminal Tindell boy) and within the least restrictive alternative possible (to roam the streets freely to harm citizens and kill Mrs. Green) or

It is the duty of the Court to protect the rights of the individuals (convicted abusive Robinson parents) and within the least restrictive alternative possible (to remain with their children to kill them or beat 11 month old Dana past the point of repair) or

And since Judges were wrong about the “Tindall boy, Robinson parents, Writ for Public Records, etc.“ proves they are also wrong about:

It is the duty of the Court to protect the rights of the individuals (diagnosed Mentally Impaired Incompetent Clair) and within the least restrictive alternative possible (rule him not incompetent, leaving him controlled and isolated, which leaves him UNPROTECTED to be abused by manipulation and intimidation for exploitation by “the suspect and the courts”. Clair doesn’t know where his financial or personal affairs are or what is going on around him, since his “previous caretaker” has been sent to her grave).

That these crimes are fueled and allowed to continue by our government mocks and laughs about our laws implemented under the ruse of for the “safety, health and welfare” of the people and in the “best interest of the citizens”. Rather the government is serving “their selves“, killing the people.

Rosanna Miller

10469 Westfall Rd.

Amanda, Oh 43102

740-969-2468

“How Soon ‘Not Now’ Becomes Never … Martin Luther

Thomas Paine said, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one”.

 THE END **********************************************

Blessings and Prayers to those without loved ones over the holidays

Dear Readers;

While we all now know that it is a federal crime to hide a senior or isolate them, I hear of far too many cases employing this tactic.  My heart goes out to the loved ones that can’t find their senior, that when they call up, the location of the senior is denied, and the phone is hung up on them.

It is wrong, morally and ethically to hide a senior from friends, family and those concerned with the welfare of the senior.  It is equally wrong, if you are a GAL or Plenary Guardian to secret a senior away from former friends and family, to hang up on a loved one that calls to say “Merry Christmas”.  It is wrong to deny them access at all reasonable times, to the senior that wants to see them.

Every day I hear more and more stories of these tragedies.  It would be most welcome if the Illinois legislature could see fit to pass a law that wrongfully denying a senior access to their children is a crime and a tort.  Unless the child has a Protective Order entered against him or her, they should be allowed to see mom or dad at least once per week for a couple of hours.  These are “loss of cosortium/companioship” statutes that have already been passed in 13 states due to this problem.

Another problem I am seeing in Probate Court is the court granting or the lawyers agreeing that certain lawyers only get paid 10% or 20% of their fees, while others are paid 90% or more.  Often it appears one lawyer does all the work, but is not “part of the club” and the judge either rules, or the other attorneys agree that one lawyer gets paid far, far less.  Now, normally this would not be a problem, but when that lawyer can’t even pay rent or staff, it is a huge problem because it creates many problems with rent, utilities and staffing for protecting a senior.

And finally, if you are a court victim, I know that you have been through a lot.  I believe we have already discussed on this blog the issue of PTLD.  There is an excellent youtube.com video on it, if anyone can find it for me again, I will post.  PTLD leaves many court victims in an excited and emotional but illogical state.  It is explained this way:  you go to place A once per month.  Every time you go to place A, someone takes a 2 by 4 and whacks you in the knees, or across the back.  So everytime you have to go to place A, for a few days before, and a few days after, you get yourself into a highly excitable and agitated state because you know the experience will be excruciatingly unpleasant.  You can’t think and can’t sleep.

BUT, if you talk to any lawyer, they will tell you the best face to have when you are in court is a poker face.  When you have to say something unpleasant about the opposing party, look down at the floor. 

One huge problem I do see in divorce and probate cases is the mud slinging of “alcoholism/drug addition”.  For some reason, opposing counsel loves to mud sling these terms.  The only way to stop this is to have your client go to an independent doctor/drug testing clinic and get a blood or blood and hair test and the next time opposing counsel starts up, have it ready to file with the court as a “Notice of Evaluation.” 

Stops OC cold and makes him look like the liar he is.

Accordingly, if your client is accusing someone of being an addict, make sure there is proof before you toss that one around in court.  It’s fraught with trouble and can easily backfire.

Again, my thoughts and prayers at this time are with those court victims where there is no jurisdiction, where they cannot see or call or even reliably drop off a card or present to a loved one. 

Let’s all pray for truth and justice to be done each and every day.

And if you get a chance, please check out our sister site:  http://www.justice4every1.com which I plan to incorporate an NFP on Jan 1, 2014 to start the new year.  You can make a non 501-c-3 donation by paypal to fairjustice4every1@gmail.com or via our website, just mark the payment donation and it will get to the new NFP. 

JoAnne

A very telling letter from Adam Stern to Kathie Bakken

And in the continuing saga of “I’m punishing you because you took the wrong side”– which has nothing to do with federal laws that say you cannot keep Mary, an alleged disabled from friends and family she formerly knew and wants to see–AS “punishes” Kathie and Yolanda Bakken.

https://drive.google.com/file/d/0B6FbJzwtHocwb3gycnFJOWIzeGc/edit?usp=sharing

Now in this email, AS continues the very out there idea that “Gloria financially abused Mary”, which is absolutely ludicrous on a wide range of levels 1) Gloria did not get $1.3 million from a lumberman’s lawsuit for damage to Gloria’s home.  After attorneys fees, expert fees and other fees, the award was much lower and meant to repair Gloria’s home.  Gloria’s home has never been repaired; 2) Gloria was an excellent caretaker of Mary for 10+ years and made sure the mortgages on both their homes were paid during that entire time, despite the fact that Mary had only $2,000 in income per month; yet Mary ate the finest foods, traveled with Gloria and wore designer clothes. Mary’s home was 6014 N Avondale and Gloria’s was 6016.  Gloria paid all expenses and utilities on 6016 and owned the property inside and the insurance policy.  Only she had the right to make a claim and collect proceeds. Mary’s had her own home and own personal property in it and her own homeowner’s insurance.  Mary’s name was added to Gloria’s home as a testamentary convenience.

You will note that AS does NOT explain all of that. He clearly skips a few steps.

Most recently, due to the condition of Gloria’s home and the fact that it had not been repaired (the settlement money was for repairs to the home, which the court has not seen fit to do), the mortgages on Gloria’s home, it was determined by the court’s own evaluator that the home could not be sold or petitioned without incurring a loss. Did this mean the home was quit claimed back to Gloria promptly?  Heck no. When asked in the hallway outside of court, AS replied “he would have to study it.”

And this is how Probate works.

See below.  There are adequate videos already on Vimeo and on Gloria’s facebook showing that neither Yolanda or Kathie needs a supervisor at any visitation.  While AS says “he will do it” but CT “must be around” (why?), there is absolutely no video, no transcript, nothing indicating that either of Gloria, Kathie or Yolanda has acted improperly around Mary or that Mary does not want to see either of them.

So the big question is “why?”

No one so far has been able to answer the questions

1) where is the summons and complaint in the Sykes case giving the case jurisdiction?

2) why is Mary being isolated from the vast majority of her former family and friends?

3) why was Mary’s home sold at such a loss compared to other properties in Norwood Park and why did “Richard Mell, Jr.” sell it.  How did he get that job?

4) where is the $1 million in uninventoried gold and silver coins and why has that not been investigated by the Cook County authorities.

Inquiring minds want to know

https://drive.google.com/file/d/0B6FbJzwtHocwb3gycnFJOWIzeGc/edit?usp=sharing

 

 

From Ken Ditkowsky, his final petition to SCOI

Dear Readers;

Ken has finally drafted his petition to SCOI.  The basis for the ARDC case against him is that AS and CF, the GAL’s in the Sykes case threatened to have him disciplined by the ARDC if he attempted to investigate the Sykes case further, or ask the authorities to investigate the Sykes case.

Apparently, AS and CF have the power and ability to tell another attorney NOT to take on a client, not to investigate a case that sorely needs investigating, and to ignore the pleas of friends and family that there are serious troubles in a case of apparent senior abuse and exploitation.

I believe this is clear from what Ken has written in his appeal to SCOI.

However, judging from public records that I have found on most of the justices in Illinois, and their past behavior of telling Gloria she had no appeal due to “law of the case” (a preposterous position since there simply is no jurisdiction in the Sykes case, and there is no jurisdiction in the Wyman case, both were summarily turned down on SCOI appeal), this does not look good for the ends of justice.

All Ken did was attempt to investigate.  He then reported the findings to me and many wanted this information published on my blogs–which are very popular blogs.  Many people are appalled that there is no jurisdiction in the Sykes case and $1 million is missing from the inventory.  Many people are equally appalled that there is no jurisdiction in the Wyman case and she was falsely imprisoned in one of Illinois’ worst nursing homes were she was beaten and sexually abused.

I wish I could say that this pattern is ending, but I have learned of more cases since then.  It truly is my opinion that all 3200 open guardianship cases in Cook County should be reviewed for glaring errors in jurisdiction and knowledge of the relatives, the inventories, etc.

See Ken’s Petition to SCOI and please pray for him:

https://drive.google.com/file/d/0B6FbJzwtHocwMTZlQm1BaDlNSE0/edit?usp=sharing

thanks

 

joanne

From Ken Ditkowsky, personally explaining filing his Petition to SCOI today

From: kenneth ditkowsky
Sent: Dec 28, 2013 11:37 AM
To: Jo Anne Denison , “lawrence@Lhyman.com”
Subject: Illinois Supreme Court

 It took Larry 3 attempts to get the procrustean rules of the Supreme Court right so that we could file our petition.   The Petition is now filed.     If the Supreme Court of Illinois will follow the Rule of Law as set out by their own ruling and the Supreme Court of the United States this is a cake=walk!    Unfortunately, in Peel it took an Appeal to the United States Supreme Court.  (That was the case in which a lawyer on his letterhead connoted that he had been awarded the designation as a ‘trial specialist!’  – the IARDC brought the proceedings against Attorney Peel as Peel was representing two other lawyers in proceedings brought to by the IARDC)
The first try failed because the Petition was more than 20 pages.   I was going to file a Motion to file  document in excess of 20 pages.    OK – it was easier and did not delay us by just reducing the number of pages.   New we needed a one page document – more like a duplication of the issues and prayer for relief.   This we did – it was  a piece of cake.   On the 3rd try everything got filed.    The 15 copies are now out!   12 to the Court and 3 to the IARDC.
Larry will furnish copies to everyone.
The argument is really quite simple.    Content related speech is protected speech pursuant to the Rule of Law as set forth by the United States Supreme court.    Thus, complaining of Greylord type corruption now going on in the field of Elder Cleansing cannot be punished by Mr. Larkin, his staff at the IADC and/or court appointed miscreants such as Adam Stern, Cynthia Farenga, Miriam Solo. Peter Schmiedel.    (see 320 ILCS 20/4 granting immunity – which Larkin ignores, 735 ILCS 110/5 – which sets the policy of the State of Illinois – which Larkin ignores, 18 USCA 3,4 which require the reporting of felonies etc, 18 USCA 171 which effectively makes those who aid and abet criminal activity to be conspirators!      Of course as the mail is part and parcel of these proceedings 18 USCA 1341 is also violated.
N.B. Income tax evasion, theft by a fiduciary, et al are felonies!     As I have reported all these misdeeds to Mr. Larkin and the IARDC and they continue to ignore the reports (and reports totally consistent by citizens such as Scott Evans, Gloria Sykes, Katty Bakken, etc) aiding and abetting appears to be a mild term.    The July 1, 2013 letter from a senior attorney at the IARDC claiming that Adam Stern was the GAL for Gloria and therefore the IARDC could not investigate Stern is strong evidence of 18 USCA 171, especially 17 days later when the false assertion became a typo, but no investigation commenced!
What is most interesting is the fact that Mr. Larkin has not attempted to CYA.    As Carolyn has never denied the allegations made against her should give him pause!     The fact that Carolyn was reported to be insolvent prior to being wrongfully appointed as guardian and now is flaunting wealth from every pore should raise some law enforcement eyebrows!     In particular in light of 18 USCA 171 Larkin and the miscreants all know that anytime Mr. Holder decides each has ‘skin in the game!’    (When you add the prosecution of Ms. Denison in violation of 47 USCA 230 this is one puzzling case!)
Anyhow – on Monday I should have a workable draft of Count 1 of our 42 USCA 1983 claim for you and we can start adding the State Court counts!    The lack of jurisdiction for the miscreant’s actions wraps things up in a very nice package.    Before  a Jury there will be no informal assumptions.
Ken Ditkowsky

http://www.ditkowskylawoffice.com/

What happens when probate comes for Santa?

Dear Readers;

This is a very clever piece written by R.Bush (who is a wonderful writer) on his musings on probate court, the guardianship process and Kris Kringle.

Since it’s the third day of Christmas, I find it appropriate.

JoAnne

From Rudy Busy:

“What will we all do when the court appointed guardians, conservators, and trustees come for Santa Claus?

When the guardians come for Santa Claus, Santa Claus will be taken out of his igloo in handcuffs, he will be put on a diet, and given psychotropic drugs for his anxiety at the fact  Rudolph will have nobody to shine his nose, in London the rosy red cheeks of the little children will turn to dust, in the United States the flame will be out on the Statue of Liberty . . . and the United States government will release a press announcement stating it was done, “in his best interest,” and will officially declare yet another holiday, in place of Christmas, to celebrate more good work by the United States government.”
Rudy Bush (© 2013, copyright R Bush, all rights reserved)


My version of Santa and the 18th floor of the Daley center:
when they come for santa:

Dr. R  will stand outside his igloo and say he is a friend and just wants to talk to him.  When santa tells him to go away he is busy making presents for the kids and answering letters from around the world, Rabin will declare him delusional and paranoid. (LV case)  Santa will then be arrested and hauled away to a locked facility where he will be drugged so much he forgets to eat and wastes away. (AG case)

In the meantime, a court appointed GAL and probate attorney will take control of all the toys and the village.  Elves will be turned over to social services as deformed, disabled children and be put in group homes against their will and also will be drugged.  The state connected agency will then get $300k/year/elf to “care for special needs children” even though Mrs. Claus says she can take them in and has her RN degree with years of experience caring for elves.  (NV case)

Toys and village sold, no more need for debates over whether santa is real or not.

The Office of Public Guardain (TB) will declare “Santa existed for far too long in the community when he should have been institutionalized and those annoying myths killed years ago.”

And the government will declare another holiday celebrating those who “died for freedom” (like rape for love), where Christmas used to be.