From Ken Ditkowsky – -scienter and mens rea still required and criminal actions are not just negligence

From: kenneth ditkowsky
Sent: Jun 2, 2015 1:21 PM
To: Illinois ARDC , “information@iardc.org”
Cc: Probate Sharks , “JoAnne M. Denison” , Tim NASGA , Nasga Us , Matt Senator Kirk , “J. Ditkowsky” , Eric Holder , “FBI- ( (” , Chicago FBI , BILL DITKOWSKY , Chicago Tribune , Bev Cooper , Janet Phelan , SUNTIMES , FOX News Network LLC , Ginny Johnson , Diane Nash , Fiduciary Watch , Cook County States Attorney , ISBA Main Discussion Group , “Y. ACLU” , Scott Evans , Edward Carter , Glenda Martinez , Barbara Stone , RosANNa Miller , “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” , Candice Schwager , “tips@cbschicago.com” , Cook Sheriff , Rabbi Moshe Soloveitchik , Alyece Russell , Jay Goldman , “newseditors@wsj.com” , Tom Fields , Eric Blair , Nancy Vallone , “ABAJournal.com” , Len Holland , “Jim (” , Martin Kozak , Elaine Renoire , Robert Sarhan , Kathie Bakken , Martha Jantho
Subject: Additions to the ETHICS COMPLAINT AGAINST JEROME LARKIN AND THOSE WHO ACT IN CONCERT WITH HIM IN THE WAR AGAINST THE ELDERLY AND THE DISABLED.

DEAR SIRS,
We are aware that the Illinois Disciplinary Commission of the Supreme Court of Illinois adheres to the only their own law,  but, pursuant to Rule 8.3 and 18 USCA 4 we have previously filed an ethics complaint against Larkin and his comrades as the Commission’s actions contravene the Constitution.     It now appears that the Supreme court of Illinois has filed another decision that makes it clear that the ‘cover up’ and totally inappropriate suspensions of law licenses that have been handed down to silence complaint of judicial corruption are wrongful.
Given the most extreme and imaginative interpretations of the protections that criminals in judicial robes might be afforded, the commission has intentionally over-stepped its authority.
The Supreme Court decisions have not been handed out in secret and have made it more than abundantly clear that Free Speech means exactly that and the fact that Larkin and his cadre of conspirators have acted in an intentional ultra vires manner whether or not the Supreme court of Illinois joins in the conspiracy.
A summary of the leading case has been circulated on the internet – to wit:
Date Filed: June 1, 2015
Case #: 13-893
ROBERTS, C. J., delivered the opinion of the Court, in which SCALIA, KENNEDY, GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.ALITO, J., filed an opinion concurring in part and dissenting in part. THOMAS, J., filed a dissenting opinion.
Full Text Opinion: http://www.supremecourt.gov/opinions/14pdf/13-983_7l48.pdf
CRIMINAL LAW: For a person to be convicted under 18 U.S.C.§875(c), the jury must conclude that the convicted person intended for their communication to be a threat to injure another person.
After his wife left him in 2010, Petitioner used the pseudonym “Tone Dougie” to post several obscene and ominous rap lyrics on Facebook. Although Petitioner included disclaimers to preface his lyrical tirades, he was indicted for using social media to communicate threats.  During his trial, Petitioner requested the jury be instructed to consider whether he intended to communicate threats. The criminal statute under which Petitioner was indicted makes no explicit mens rea requirement, leading the District Court to deny the request. The jury convicted him under 18 U.S.C. §875(c ), on four out of five counts, for using social media to communicate threats to injure his ex-wife, law enforcement officers, a kindergarten class, and a FBI agent. Petitioner was acquitted of communicating similar messages to patrons and employees of the park. The Court of Appeals agreed that the jury instruction would be improper since the statute required only an intent for the Petitioner to understand his words and that a reasonable person could perceive the content as threatening. On review, the Supreme Court found that criminal statutes implicitly include scienter requirements. The Court reasoned that intent would be determined by the separation of wrongful conduct and “otherwise innocent conduct.” Carter v. United States, 530 U.S. 255, 269 (2000) (quoting United States vX-Citement Video, Inc., 513 U.S. 64, 72 (1994)). It is the communication of a threat, not simply the communication of something, the Petitioner must have intended. Without this mens rea requirement, the criminal statute becomes a negligence standard and cannot stand without a proper jury instruction. REVERSED and REMANDED.
[Summarized by: Jessica Ismond]
Let us assume that Larkin and his co-conspirators were on the moon for the past 200 years as the American Courts developed the Rule of Law as to the First Amendment.   Let us further assume that they came back yesterday.     The aforesaid decision is another coffin nail in the ‘cover up.’     NB.   Assuming at some point in time whatever the secret untrue statements that Larkin claims were made by Denison (or Amu or me for that matter) in addition to no proof of what the exact statements were or that there was any untruth specified  the element of scienter has to be also proven.     As Larkin holds a public trust pursuant to 8.3 he must report his misconduct to the Supreme Court of Illinois and the continuation of his misconduct is not only a criminal offense of deprivation of Constitutional Rights but of FRAUD.     As 24 hours have elapsed since the decision was entered Larkin has had plenty of time to remediate his fraud = if he had any intention to do so.
Ken Ditkowsky
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5 thoughts on “From Ken Ditkowsky – -scienter and mens rea still required and criminal actions are not just negligence

  1. With SCOTUS affirming the need for scienter and mens rea as part of a criminal action, and one involving speech and threats made on Facebook (Facebook, of all things!), they reaffirm faith in the First Amendment.
    I simply cannot see how in the face of this the Review Board can say anything other than a decision which mentions no First Amendment law can be anything other that severely corrupt and how these 3 supposed lawyers ever managed to pass the part of the bar having to do with the US Constitution.
    The blatant fact that case law is simply missing in my decision is readily apparant. The ARDC cites only its own cases–it cites no Appellate court or US Supreme court decisions, because the ARDC decisions and Review Board decisions are not founded on that.
    It treats the shameful testimony of Farenga, Stern and Schmeidel and their behavior in court against Gloria and Mary Sykes as a god given right, when in fact they terrorized and Mary and Gloria, denied Mary a fair trial, ensured that she was railroaded, that Gloria received no discovery into the antics of Mary, that Mary wanted to live in her own home until she passed.
    As you point out repeatedly Ken, the Illinois Probate Act is clear that the State of Illinois can only intervene when it is shown that a disabled person no longer has the capacity to make a well informed decision in the area in question.
    So why was Gloria isolated from Mary for 5 years, seeing her only a handful of times? Was that the “frivolous and ancillary issue” the Review Board speaks of? Is visitation between a mother and daughter “frivolous” and increases vexacious litigation?
    Why did Gloria’s $200k have to be taken to support Mary. It was insurance proceeds for the damage to Gloria’s home and now the home lies in ruins, thanks to the Schmeidel-Faranga-Stern team of ruin everything and everyone.
    Why was Mary’s home sold for 20 cents on the dollar. It was reaonably worth $1 million, then it is appraised in one month for $750k and sold in another for $213k.
    These are the questions Ken and I ask while the Review Board, the Tribunals and the ARDC and especially, Jerome Larkin runs amok. Who is JL covering up for, why does he have $1.2 million in mortgage payoffs and why cannot I subpoena those bank records.
    Eventually, as in Orange Couty where 250 prosecutors have been banned from a judge’s court room for overt, patent and deceptive acts, truth and honesty will kick out this probate mess on the 18th floor.
    Alan Frake is still in danger of being drugged to death, he does not want to be in a nursing home and that is his right. Marie Owens is in danger of a $65k judgement against her for no reason other than the OPG can’t figure out an accounting and attorneys long ago walked off with receipts, Barbara Monaghan and the Reichert family could only see Sophie with “supervision”–for what? and their family income property is still at risk, and so many more probate cases where life and life savings is at risk and the Ill. ARDC and Tribunals and Review Boards are issuing this nonsense, dismissing out of hand valid citizen complaints (the pulling of Alice Gore’s 29 gold teeth) and yet they say this blog encouraged Gloria to hold up litigation and take frivolous stances.
    How utterly preposterous.
    No one in their right mind believes the decisions of the ARDC, the Tribunal and the Review Board either in my case or Mr. Ditkowsky and now we even have Judge Lynn Egan admitting that she has an overt conflict by serving on a hosptial board her brother represents in her own courtroom!
    The decisions are preposterous and not founded in the First Amendment which guarantees free political speech to all.
    Now Mr. Elonis has his freedom to write trash talk and lyics on his Facebook.
    Ken Ditkowsky and I only assert the truth which is going on in Probate, that the courts do not protect the elderly or disabled, that assets regularly fall off the books, that when the money is gone then the elder receives a barage of narcotics and a quick cremation to destroy all evidence.
    Everyone but the ARDC, their “carefully selected” Tribunals and Review Boards seems to know the truth.
    But the truth is this, none of the elders on that Review Board is immune from the likes of Stuart-Kowamoto-Stern-Farenga-Schmeidel teams we have set up on the 18th floor. Attorney Barbara Stone is evidence of that, fighting now for her mother’s life and being repeatedly imprisoned by Judge Michael Genden when she calls him on the carpet for the dangerous drugging of her mother, forcing mom into a nursing home when she could be at home. And then there’s Attorney Lisa Belanger whose father was a judge for years and a politically connected lawyer for decades. She and her father is not immune to the antics of Probate court there and Lisa Belanger was summarily replaced with 2 attorney (not) guardians who drain the estate and refuse to let grandpa see 4 grandchildren and 2 daughters now.
    So, the Tribunal and the Review Board are not immune to all of this. Their families and themselves, being elderly can easily be dragged into all of this, and they can be railroaded in to a guardianship, their estates drained, drugged, isolated from all friends and family and when their paid up assets, homes and cars, and valuables are sold, then they can be put to the eternal sleep with an abuncance of narcotics and be quickly cremated to hide the evidence.
    At some point, the citizens and the government will demand this will all stop.
    Until then, I hear every week 2 or 3 new case to keep this blog going pretty strong and I made sure that these victims find attorneys worthy to handle these case.
    Now that I am not practicing, I can just blog about the cases, preserve the witness testimony, send endless emails to the FBI, and instruct other attorneys on how to handle the cases, and spot the liars, theives and haters.
    JoAnne

  2. The medical field is also to blame. They get the ball rolling (so to speak). The one person on our case is used numerous times, by the predator Lawyers..

    • Absolutely correct. It came out in one case I was on that the OPG used a Dr. Shaw, he worked a couple of hours and got some $5,000.

      But he could not remember how much he made off of guardianship cases per year.

      Go figure

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