Author Archives: Joanne M Denison
Atty Ken Ditkowsky speaks out on Guardianship abuse–Blogspot radio
Dear Readers;
While the ARDC was primarily concerned about the dozens and dozens of emails viligantly and heroically sent out by KDD to investigate the case of Mary G Sykes, whom this website is dedicated to, there are other avenues he can utilize to accomplish this goal to even more people, and that is through blogspot radio.
Here is an excellent radio program with a ton and ton of information on guardianships, corruption, probate corruption, probate abuse, lack of investigation into nursing home abuses, etc.
Please visit this link and check out the show. It’s 90 minutes long, but well, well worth it. You will be listening to other people complaining about nursing home abuse, elder abuse–and it falls on deaf ears! Even worse, the people that complain are often banned from the nursing home, banned from seeing their loved one — because the investigations are too time consuming! One woman from California was told she could not sue the conservator for having her mom put in an abusive nursing home until the mom died!
Ken Ditkowsky does Blog Spot Radio, October 2012
If you are suffering from situations like these, know that you are not alone. We need to clean up court systems that engage and promote such behaviors where seniors and the disabled are clearly suffering and nothing is done.
Illinois has a great Probate Act and many other laws that protect the due process rights of the elderly, disabled and their families but these laws are being ignored or are not being used properly.
JoAnne
Who needs John Howard Wyman’s Book? A whole lot of Illinois Attorneys!
Dear Readers–see the email below to John Howard Wyman/KDD and my new law clerk, Jeffrey Duncan.
Dear Ken;
I am having Jeffrey Duncan make up a list and start delivering books to all attys at 1) the ARDC – # 1 priority, 2) US attys at the Northern District, Eastern Division, General Crimes division, here’s a good one-2.5) -Public Corruption and Organized Crime–sounds perfect!
3) John G. McKenzie is the US atty for the Western Div of the Northern District, but what did Atty Timmerwilke do when she was under investigation–give him “special” treatment (on a mattress), and they got married and broke up two families, so let’s send books to his entire staff! How about the secretaries too? I bet we can find out who they are. Secretaries and personal assistants always love gossip and soap opera types stories regarding whom they work for.
4) Ill. Atty generals; (lisa madigan); 4.5) Criminal prosecution atty generals for the State of Illinois; 5) the “guardianship and advocacy” commission attys (these guys must be sleeping on the job); 6) the States Atty for District 1;
7) the Winnebago attys managing the court (more sleeping attys); and 7.5) the officers for the Illinois States Attorneys Association.
A lot of sleeping attys out there need your book, John; Please get us all the copies we need for this project.
Jeff, go ahead and make a table of all of these from Sullivans 2012-13 and we’ll start delivering books. You are strong, able and competent.
The elderly and disabled who have been oppressed and abused by the Illinois Probate Courts are depending upon you.
I left the Sullivans on your desk with a number of post its for the attys we need to get the information out to.
thanks
joanne
PS–Ken, if the ARDC is ticked at you for sending out hundreds of emails calling for an investigation in a case that clearly lacks jurisdiction and has been going on for 3 years–this is total vindication for you!
PPS–John, you didn’t realize it at the time, but you wrote a book that helps vindicate an honest, ethical and amazing atty. Give yourself a thousand gold stars!
PPPS–this will be great for a post!
New decision from Ill Supremes – Karbin v. Karbin 2012 IL 112815
From: kenneth ditkowsky
Sent: Oct 12, 2012 9:20 AM
To: Michigan Advocacy Project
Cc: Gloria Jean Sykes
Subject: Re: Karbin v Karbin 2012 Il 112815
The Abuses that have occurred in connection with these guardianship cases is outrageous and continues without ‘letup.’ The potential for abuse by the Karbin decision is monumental; however, the need for honest guardians to have the tools to act in the interests of their wards is also very great. To be very candid, it is my opinion that certain guardians would curl my hair if they had the ability to decide if a particular was in need of a ‘haircut!’ There other guardians who I would trust with great authority. In the past years dealing with Stern, Farenga, and Schmiedel has been an eye-opener. My respect for the 2nd oldest profession at this point in time is at a nadir.
The tendency is to judge a profession by is lowest common denominator. This is human nature and each of us suffers from the malady. Worse yet the minute we let up our guard, up pops a Stern, Farenga, Schmiedel, et al. When I won in the Appellate Court the vacation and reversal (based upon jurisdictional grounds) the sanction award, realizing that I am ‘long in the tooth’ I offered Stern, and Farenga a pass on the Civil Rights lawsuit that I intended to file. The condition was that they ‘do their jobs.’ I did not tell them how to do the jobs, all I wanted them to do was to report to the Court honestly and appropriately the claim of the non-inventory of large number of gold coins (Au) and the December emergency room incident in which Mary Sykes had in a very short time by the admitted neglect of the plenary guardian lost 10% of her body weight. This offer was determined by the Mr. Larkin of the ARDC to be intimidation and is part of the ARDC complaint against me. When this and a letter to the United States Attorney General are considered unethical by the State of Illinois ARDC – it is very hard to have any faith in the 2nd oldest profession.
Ken Ditkowsky
http://www.ditkowskylawoffice.com
From: Michigan Advocacy Project <michiganadvocacyproject@gmail.com>
[MAP relates a story of a black sheep daughter requesting a divorce for her parent who was under a guardianship so she could inherit. I think that’s pretty creepy, but apparently the court agreed to it eventually. Don’t know the case name or cite, it was not passed on.]
On Thu, Oct 11, 2012 at 5:28 PM, kenneth ditkowsky <kenditkowsky@yahoo.com> wrote:
Depending on your point of view and your confidence in the Judicial process the Illinois Supreme Court handed down a major decision on October 6, 2012.
The Supreme Court over-ruled the case of In re: the Marriage of Drews 115 Ill 2d 201 (1986) and provided that a ‘guardian’ can now petition the Probate Court to obtain permission to file a divorce action. The Court took this step so as to make certain that an incompetent was not denied his/her privileges and immunities. This right was not ‘willy nilly’ granted to a guardian. The Court provided that the guardian must make application pursuant to section 11a -17 and prove the this is the best interest for the disabled person by ‘clear and convincing evidence.’
If we examine the Sykes case and the application of the standard ‘clear and convincing evidence’ I do not believe any one of us feels ‘warm and fuzzy.’ This is a case that is a must read!
Ken Ditkowsky
http://www.ditkowskylawoffice.com
—
Proudly announcing John Howard Wyman’s website and blog!
Dear Readers;
Today I would like to direct your attention to John Howard Wyman’s new website and blog:
On the website you will find the courageous story of how John and his mother “escaped” Rockford and a hideous nursing home in the middle of the night.
Are you tired of your spouse? Does she nag you all day and drive you nuts? Then simply drug her, take her to the nearest nursing home declaring she’s incompetent and then file for guardianship. Yep, you can legally get rid of your spouse into a nursing home and never deal with that person again. The nursing home will continue to hold her down and drug her for you (of course, that’s totally illegal, but it’s a law NEVER enforced against seniors and the elderly).
This is one harrowing story of how a woman got dumped in a nursing home, when the two good sons came to rescue her, they were thwarted by both the nursing home AND the Rockford police and turned away–even though no guardianship proceeding had commenced.
John and his mother now live together happily and she is well cared for in Aspen Colorado while his appeal on lack of jurisdiction will wend it way through the Illinois Appellate Court.
We are waiting for the final order to come through.
People to blame? Attys acting badly? Judge Fabiano, OPG Sharon R Rudy, GAL Kimerly McKenzie Timberwilke. This judge and her atty friends will simply not step forward and tell the truth that “close relatives” were never served written notice of the time, date and place of hearing on July 6, 2009. Order the book ASAP from Amazon, rated 5 stars–a real page turner. Encourage this judge and the attys to step forward and admit they had no jurisdiction since 7/6/09 and do the right thing!
JoAnne
Order from Rockford Court–and I dare anyone…
to figure out how this order comports with the Illinois Probate Act!
Dear Readers;
Every time I get an email from Atty Sharon Rudy it amazes me that it in no way resembles the Illinois Probate Act!
Here we are again. One section of the Illinois Probate Act says that the Petitioner MUST provide 1) written notice; 2) to all adult siblings and children of Respondent; 3) of the date, time and place of hearing–and yet this order ignores all of that.
The notice of hearing is required for the Judge and Probate court to take jurisdiction and issue valid orders. No valid notice OR service of summons and complaint, then no valid jurisdiction in probate.
And as I pointed out during my argument, how hard is all of that? What enormous burden did the Illinois State Legislature place on the Petitioner in a Guardianship proceeding?
Not much at all in my book–just one more simple short piece of paper. However, that piece of paper is required by the Illinois and US constitution! So it, besides a summons and complaint, becomes one of the most important pieces of paper in the entire proceeding! You would think the OPG and GAL and Judge would pay strict attention to it. Question the parties about the paper and look at it closely, examine it. Notice that the date of hearing was wrong and changed by 3 days–requiring re-service. But that did not happen. For the lack of $5 in postage, and entire court has operated without jurisdiction for 3 years! Imprisoning an innocent elderly woman in fragile health–ripped from her home and family. Endangered. Near death. Requiring her to plan and implement a daring escape from a horrid Rockford Nursing home to a son thousands of miles away in Aspen Colorado.
How does this happen in the US?
See the order that should be entered tomorrow, courtesy of OPG Sharon Rudy and GAL Kimberly Timmerwilke McKenzie.
JoAnne
wyman-Order-denying-MTD-jmdsign
Comments on the Indiana Proceeding–a house of cards built on legerdermain
Dear Readers;
I believe that when GJS has had time and an opportunity, besides dismissing the probate case 09 P 4585 at the Illinois Court of Appeals which will invalidate the Indiana proceeding freezing her assets, if not before that, in Indiana she can attack the Illinois Probate court order there by alleging the following:
1. The Circuit Court of Cook County decision freezing the assets of GJS has in fact no force and effect outside the boundaries of the State of Illinois, unless ‘registered’ in the appropriate manner as provided for in the State of Indiana.
2. That Carolyn Toerpe was improperly appointed via a series of serious missteps on her part, rendering the probate proceeding without jurisdiction, namely:
a) in particular pursuant to 755 ILCS 11a – 3, it appears that at the time that Carolyn Toerpe filed her petition to have Mary Sykes declared incompetent Mary Sykes was not a resident of Cook County, Illinois as she was residing in DuPage Court. Section 11a-3 uses the word ‘shall’ as to venue.
b) It also appears that Mary Sykes had a petition for a Protective order pending at the time of the filing. This Domestic Violence protection act was never heard by the Circuit Court. While this petition was consolidated into the Probate Proceeding it was then never heard, which is improper. Judge Connors should have heard the petition on the Protective Order first and then proceeded. They were pressed for time and the GAL’s conveniently forgot to do it. If the GAL’s have been involved in the case for 22 mos, it is their duty to bring this motion. Neither one of two GAL’s appointed in the case has brought this to the attention of Judge Stuart or Judge Connors, while it is their duty to do so.
c) That in particular 11a-8 requires that the Petition contain certain facts. In particular, the petitioner must disclose ‘powers of attorney’ and the close (near) relatives of the respondent, i.e. spouse, children, and siblings. (Mary’s spouse predeceased her). Mary’s siblings were not disclosed and a power of attorney claimed by the Petitioner Carolyn Toerpe was not disclosed. Further, Carolyn knew Gloria had a current POA because she was with her all the time and resided with her and Carolyn filed a clearly deficient Petition failing to name Gloria as the POA holder and all the adult siblings and their addresses. Carolyn either knew, or should have known, or should have made due inquiry. She did not do any of these.
d) That in particular 11a – 10 and 11a -12 requires that the respondent be informed of her rights and that 14 days prior to the date of the hearing on respondent’s competency her near relatives be provided actual notice of the date, time and place of the hearing. This was not done, and I have made a careful search of the record and found no evidence that this was done or waived. (I did find that the parties were ‘lured’ into court upon a pretext) Mr. Stern (the GAL) disclosed in an e-mail that the determination of incompetency was made by an agreement. There is currently no provision in the Illinois Probate Act to permit a guardian to be appointed “by agreement” of the parties. It becomes a futile act when it is considered that one party is or may be incompetent. Currently the Illinois Probate Act requires a need for guardianship to be proved by “clear and convincing evidence.”
e) That the clear words of Sodini provide that if the near relatives of the respondent (i.e. her siblings and her children) do not receive 14 days’ notice of the hearing on the petition to declare the respondent in need of a guardian the Circuit Court lacks jurisdiction. The Tiffany case makes it very clear that strict compliance is necessary as the respondent’s liberty and property rights may be forfeit.
f) That the record indicates that the order entered by the Circuit Court freezing the alleged assets of Gloria Sykes in Indiana (which appear to be titled in a name other than Mary Sykes) besides being on its face void as to Indiana property was not a final order in that there has been no adjudication that Mary Sykes is entitled to one dime of those funds. Of a serious nature is the fact that the proceedings in the Circuit Cook County upon which the order was promulgated appear to be suspect in that the said funds were awarded to GJS by the final order of Circuit Court entered on _________________, and not challenged by either a post-trial motion during term time or a 735 ILCS 5/2 – 1401 motion within 2 years of entry. Elementary Law and the Constitution dictates that the final order of a Circuit Court judge is entitled to ‘full faith and credit’ and cannot be collaterally attacked in a foreign jurisdiction or before another Circuit Court Judge of equal jurisdiction. Judge Stuart does not enjoy Appellate Court jurisdiction over Judge Mullhern.
g) That further examination of the file and interview of witnesses brings to light numerous other irregularities in the Estate of Sykes. While these irregularities may not be directly relevant to these Indiana Proceedings, they do show a concerted and continuing pattern to evade and obfuscate justice in this case. In particular, the attempt by an Illinois Court to engage enforce its orders extra-territorial against Indiana citizens not before it is indeed unique and more that a little outrageous.
i.) That the decisions of Sodini, Tiffany and the applicable Illinois statutes make it clear that jurisdiction is a crucial element of any Probate proceeding because these directly involve an attack on the Respondent’s liberty, property, civil and human rights. As the Court record in the Sykes case contains no evidence of service of the required Sodini notices they cannot be produced, nor can any written waivers of the notices. Trickery and legerdemain are not appropriate when a citizen’s liberty rights are at stake.
I believe is only a matter of months now before the entire house of cards in Probate crumbles and blows away.
JoAnne
Cost of Corruption — July 2012
Dear Readers;
Below is our continuing balance for the cost of corruption, or the cost to our firm for getting involved in the Sykes case and running this blog. It detracts from other work we can do, and it shows what a drain it is on society when the Probate Courts run amok and without jurisdiction.
Take care all.
JoAnne
DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202 PHONE 312-553-1300
CHICAGO, IL 60642 FAX 312-553-1307
JoAnne M. Denison✬ JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
http://www.DenisonLaw.com _______________________________________________
✬–Admitted NC (Inactive) & US Patent Bar *–Admitted US Patent Bar
Invoice submitted to:
http://www.CostOfCorruption.com
Chicago, IL
October 09, 2012
Come see our website at http://www.DenisonLaw.com. Pay your bill online – click on “Pricing” Tab.
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Professional Services
Hours Rate Amount
7/1/2012 JMD SYKES BLOG 2.00 $300.00/hr 600.00
Emails to and from KDD regarding witness tampering, post for the
day, call for investigation, affirmative answers to his ARDC complaint
(9 emails).
7/2/2012 JMD SYKES BLOG 2.50 $300.00/hr 750.00
Emails to and from KDD regarding: Leah Black, post for the day, GS
being threatened by Attny Black at the ARDC, information to obtain
asset search, intimidation of GS, information regarding: Sodini, lack
of due diligence by GALs, witness tampering by Attny Leah Black
(16 emails)
7/3/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing 2 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails to and from KDD regarding: Dr. Shaw’s testimony,
intimidation of client by attny Black, letter from attny Black that
everything was client’s fault, report from law clerk obtaining files from
Daley Center, lack of following procedure in the Sykes/Tyler/Wyman
cases, emails to and from client regarding partition of client’s real
estate, lack of protections afforded Mary Sykes, KDD’s call for an
investigation, emails regarding: SLAPP suits, emails to and from
attny Hyman regarding: defamation suits, emails to and from client
regarding: drilling out GS’s safe deposit box (40 emails)
7/4/2012 JMD SYKES BLOG 0.75 $300.00/hr 225.00
Emails to and from the client regarding: client’s short notice for
deposition (4 emails)
JMD SYKES BLOG 1.00 $300.00/hr 300.00
Emails to and from the client regarding: ARDC’s failure to make good
faith Rule 201K Compliance
7/5/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 new blog posts.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 2
7/6/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Appearing in court on Sykes case and preparing posts for blog
regarding same; reviewing cases for Attorney Ditkowsky.
JMD SYKES BLOG 7.00 $300.00/hr 2,100.00
Emails to and from Mr. Evans regarding: taking depos in ARDC
proceedings, IDPR should be investigation Dr. Shaw and Dr. Amdur,
emails to and from Mr. Evans regarding: Kristen’s wedding, emails to
and from the client regarding: admissions of Dr. Shaw, emails to and
from KDD regarding: how probate kickbacks are handled, emails
regarding Sodini case; Attny Schmeidel’s his petition was brought in
wrong court emails, emails regarding Ken’s trial; emails regarding:
Mary’s drivers test, emails regarding; Dr. Shaw’s testimony, (53
emails)
JMD SYKES BLOG – COST OF CORRUPTION 6.50 $300.00/hr 1,950.00
Emails to and from client regarding court judgment in FED on 061912
from other blog; emails to and from KDD regarding his Motion in
Limine; emails regarding the Miller case on other blog; emails
regarding KDD’s MIL; emails regarding KDD’s constitutional rights
being ignored by the ARDC; emails regarding client’s FED case;
emails regarding tying up client’s funds is criminal; emails that I
could not get FED order; emails regarding missing transcripts and
ordering those; emails regarding beating of GJS; emails regarding
National Socialist Party; emails from KDD to GJS she must set her
motions for a hearing date and time and accompany them with a
Notice of Motion, Motion and Certificate of Service; emails regarding
items missing fr Probate court and our “docket table” of missing
items; emails regarding ruling in Alvarez case; emails regarding GJS
and lost transcripts; that law in KDD case regarding first amendment
rights is clear; (40 emails)
7/7/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing faxes to Mr. Connelly in the Sheriff’s Department regarding
seizure of JMD’s laptop and updating blog regarding same.
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails regarding: ADA case; emails regarding: PACER docket sheet
for that case, emails regarding: GS bringing a motion to dismiss;
emails regarding: unfair and deceptive trade practices; emails
regarding: paying probate attnys; emails regarding: court orders
missing from 2009; emails regarding: KDD in an offer of proof; emails
regarding: Kruzan case; emails regarding: the standard being “clear
and convincing” to deem someone incompetent; emails regarding:
the fact probate court is not following procedure; emails regarding:
missing documents in file (72 emails)
7/8/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing a new blog post.
JMD SYKES BLOG 0.50 $300.00/hr 150.00
emails to and from KDD regarding: GS questioning witnesses at
hearing (3 emails)
7/9/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 blog posts and reviewing log of court records and
transcripts with Law Clerk Zhou.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD SYKES BLOG 4.50 $300.00/hr 1,350.00
emails to and from the client regarding: cost of corruption on the
blog; emails to and from GS regarding: her criticisms of the blog;
emails regarding: a record subpeona from KDD to probate court;
emails to and from the client regarding: duties of the notary; (24
emails)
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 3
7/10/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 posts for blog and reviewing case law for Attorney
Ditkowsky.
AZ MARY G SYKES BLOG 6.50 $25.00/hr 163.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD SYKES BLOG 3.50 $300.00/hr 1,050.00
emails to and from TL regarding: cases relating to full faith and credit;
emails from KDD regarding: calls for an investigation; emails to and
from KDD regarding: a motion for judgment on pleadings; emails
regarding: LB obstructing GS as a witness (20 emails)
7/11/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Reviewing the case file at Probate Court and making copies of
necessary pleadings to post on blog.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Constructing table of missing pleadings from the court file in Judge
Stuart’s courtroom.
JMD SYKES BLOG 2.25 $300.00/hr 675.00
Emails to and from RB regarding Social Probate Disease, who the
“clout is in Illinois”, transfer of missing funds and lack of attack by
tax authorities; the record on appeal is missing; emails from KDD to
client regarding her familiarity with Probate Act; Rule to Show Cause;
emails regarding incompetency and adjudication of disability; email
regarding attorney Black’s letter; that PS’s Motion to Void the
Settlement Agreement was filed in May 2011; that numerous court
orders PS claimed existed (an order striking GS’s Requests to
Admit) are not of record in the Probate File; that in the Probate file
there are references to Judge Stuart saying Judge Connors brought
up the issue of Sodini Jurisdiction and that Judge Stuart would not
bring it up again–clearly not the law, so what’s up with that?; emails
to and from court reporters regarding payments on account (12
emails)
7/12/2012 JMD MARY G SYKES BLOG 3.50 $300.00/hr 1,050.00
Preparing a blog post and reviewing case file in Probate court.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Photocopying the court records that were not in the court file at
Attorney Ditkowsky’s office; updating table of missing documents.
JMD SYKES BLOG – COST OF CORRUPTION 4.25 $300.00/hr 1,275.00
Emails to and from KDD regarding Mr. Fogel and investigation
regarding nursing homes; standards to show disability and it must be
by clear and convincing evidence; regarding our day in court and
judges were asking about 14 day notice suddenly; requirement to
send petition to close relatives; the failure of the GAL’s to report
various nefarious activities to the Probate Court; emails regarding
“table of transcripts, hearing dates and pleadings”; emails regarding
jurisdictional problems with Probate court; sharing of transcripts with
KDD and LC; birthdates of miscreants for asset searches (20 emails)
7/13/2012 JMD MARY G SYKES BLOG 6.50 $300.00/hr 1,950.00
Intraoffice meeting with Attorney Ditkowsky’s to review his records
and files for additional copies of pleadings because 80% of the court
files has been removed; preparing 4 posts for blog.
AZ MARY G SYKES BLOG 3.00 $25.00/hr 75.00
Updating blog and obtaining copied transcripts from court.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 4
JMD SYKES BLOG – COST OF CORRUPTION 3.75 $300.00/hr 1,125.00
Emails to and from Attorney Leah Black from client; authorization to
publish; info regarding another victim contacted by 60 minutes for
possible program; corruption is akin to Greylord; reviewing and
publishing Cost of Corruption bill for May 2012; news that Judge
Garber held CT in contempt of court for failing to allow client to
retrieve all her property from Mary’s home after wrongful eviction;
accounting table to Sykes court reporters; regarding obtaining copy
of court order from Judge Garber; items missing from payment table
for court reporter; emails regarding Senator Kirk may have helped
out; emails regarding Judge Garber in FED court (23 emails)
7/14/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 1.50 $300.00/hr 450.00
Emails to and from client regarding nursing homes expelling state
monitors; emails to and from KDD regarding state fraud and
corruption in nursing homes; emails regarding food in nursing homes
and use of drugs there; emails from KDD to free Mary Sykes; emails
regarding disappearance of files from Probate Court; emails
regarding spoliation of evidence; emails from Attorney Belanger
regarding her case and the Sykes case and many parallels; (9
emails)
7/15/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 3.25 $300.00/hr 975.00
Emails to and from KDD regarding status of Sykes case; case cite
from KDD regarding In Regarding Doyle and his first amendment
rights; Rule 260 prehearing conferences; KDD emails regarding the
facts published were in fact true and correct and his first amendment
rights were violated; emails regarding the Sarhan case; emails to and
from KDD that he may have to take his case to Federal Court for
relief; emails regarding disturbing reports from other blogs and other
probate cases. KDD emails regarding injustices in the Sykes case;
emails to and from client regarding what went on in court against CT;
that client suffered a severe battery by FT; (16 emails)
7/16/2012 JMD MARY G SYKES BLOG 4.50 $300.00/hr 1,350.00
Preparing 3 blog posts and preparing table of missing files and
documents.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Traveling to Court to obtain appellate case volumes and court order
from previous status hearing for Ms. Mary Sykes’ case; ordering
transcripts from court reporter’s office and updating blog.
7/17/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Updating and reviewing table of torts; preparing 2 blog posts.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails from ND ILL BK regarding GJS relief from stay motion
recently filed; emails regarding pleadings missing in Probate Court;
KDD makes citizen’s complaint publicly regarding GJS battery at her
home; plea for more emails to the US State Attorney regarding the
battery; emails regarding other court observers that this blog is
indeed correct; emails that this is second battery by FT, that he also
battered elderly sister Yolanda last year; email from GJS that she is
afraid to have police or sheriff’s offices involved; emails regarding
seizure of attorney laptops in probate court; emails regarding proper
procedure for a bond in probate court which was never done; KDD
emails comparing Sykes, Tyler, Gore, Wyman cases; GJS emails
regarding eviction; emails that I never hear back from Attorney Leah
Black after I fax her evidence of corruption in the Sykes case; emails
regarding fax to IAG are not answered; (33 emails)
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 5
7/18/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Updating blog with newly received court transcripts and updating
table of missing court records with same.
JMD SYKES BLOG – COST OF CORRUPTION 0.50 $300.00/hr 150.00
Emails to and from court reporter’s offices regarding additional
transcripts. (3 emails)
7/19/2012 JMD SYKES BLOG – COST OF CORRUPTION 2.00 $300.00/hr 600.00
Emails to and from court reporters; emails regarding updating table
on missing pleadings; emails regarding partition proceedings and
appointment of a commissioner; emails regarding PS breaking
federal banking laws; emails regarding lack of jurisdiction by court;
emails regarding Chase destruction to GJS home; emails to and from
KDD that Chase must be included in any suit for partition and they
have not been; emails regarding Illinois Statutes on Partition; emails
regarding Motion to Nonsuit under Sodini. (10 emails)
7/20/2012 AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Legal research regarding federal banking laws in regards to Chase
and the laws they broke in the Mary G. Sykes case.
JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails regarding Chase and federal banking laws; emails from KDD
that there may be possible plants (bogus clients) walking around on
the Sykes case (2 emails)
7/21/2012 JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails to and from KDD regarding watching for plants in the Sykes
case;
7/22/2012 JMD SYKES BLOG – COST OF CORRUPTION 1.75 $300.00/hr 525.00
Emails to and from KDD regarding the Jacyz case in Probate and
responsibility to client; emails regarding comments from other
Probate blogs and the guardianship swindles going on; KDD emails
calling for an investigation on Sykes; emails regarding deposition of
GJS by ARDC. (5 emails)
7/23/2012 JMD SYKES BLOG — COST OF CORRUPTION 0.75 $300.00/hr 225.00
Emails to and from KDD regarding the deposition of Scott Evans and
he did well; emails regarding obtaining deposition copies; (5 emails)
7/24/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 new blog posts.
7/24/2012 JMD SYKES BLOG – COST OF CORRUPTION 6.00 $300.00/hr 1,800.00
Emails to and from KDD regarding the deposition of Scot Evans and
that it went fine; emails regarding KDD Motion to Administrator
regarding failure to comply with Rule 201(k); that Attorney Black was
seeking to bar GJS as a witness and how unfair that was; email
regarding disrespect for justice; emails regarding comments on SE’s
deposition; emails regarding GJS’s emails to Lawless America; that
LB asked SE if he considered noninventorying of $1 million in gold
coins to be theft or not; permission to publish the depn of SE;
emails regarding a possible New York Times article on the case;
emails from Nasga regarding changes to Illinois law for guardianships
and that state attys should not be favored; emails that more needed
to be done (26 emails)
7/25/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing emails from Attorney Ditkowsky and others and preparing
4 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Updating blogs with tags and new blog posts.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 6
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and AZ regarding motions to bar witnesses
and grounds therefore; that GJS was an uncooperative witness and
unneeded; emails between GJS and LB regarding her deposition;
emails regarding “Important Pleadings” in the Sykes case; emails
regarding new legislation; emails from GJS regarding the blog; emails
regarding comments on blog; Motion to bar Gloria emails; KDD
emails to Attorney Black; emails regarding goose stepping and jack
boots and brown shirts and this case; emails regarding Operation
Greylord; emails regarding Mary’s driver’s license and when it was
last renewed; that Attorney Black may have blocked emails from
KDD?; emails from GJS she wants to file an affidavit to correct
testimony of others; emails regarding AS, CF and LB. (45 emails)
7/26/2012 JMD MARY G SYKES BLOG 4.00 $300.00/hr 1,200.00
Preparing 5 blog posts; reviewing declaration from Ms. Bakken for
post of same.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from court reporters regarding outstanding transcripts;
KDD emails regarding purging records; receipt and publishing of
affidavits from Yolanda and Josephine that the Sykes case has no
jurisdiction; emails regarding theft, embezzlement, false
imprisonment of granny; emails from GJS regarding care plan and
she would have worded declarations differently; emails regarding IRS
and misdepositing funds; emails regarding oral notice and jurisdiction
under the Probate Act; emails from GJS regarding the blog; emails
from KDD to CF regarding files from Secy of State and Mary’s divers
license; emails to KDD regarding hearing on CT Petition; emails to
and from Ms. Bakken to redact the declaration from her mother;
emails on CT petition and hearing to appoint; emails to GJS to get
her book and movie deal done; (61 emails)
7/27/2012 JMD MARY G SYKES BLOG 3.00 $300.00/hr 900.00
Preparing declarations of no notice of hearing for Aunt Jo and Yo;
reviewing proof of claim.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails to and from GJS regarding calming her down; emails to
publish GJS declaration that she never received Sodini notice;
litigating the validity of an order in the probate court is not permitted;
KDD email to CF that she infringed upon Mary’s and Gloria’s rights in
the Sykes case; emails attempting to calm GJS down; emails
regarding other cases which got media attention; emails regarding
acctng on GJS house; emails regarding KDD preparing for ARDC
hearing; that KDD sent out two Motions in Limine; applying for drivers
license records; emails regarding asset searches on CT, FT, etc.,
(35 emails)
7/28/2012 JMD MARY G SYKES BLOG 5.25 $300.00/hr 1,575.00
Preparing 5 posts for blog; reviewing and revising table of torts.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from ND BK ILL regarding proof of claim by Chase;
emails to SE regarding details of case and home equity; emails from
KDD to CF that Mary is being denied her life, liberty, property, civil
and human rights; email from GJS that CF admitted the summons
served upon Mary was wrong; emails from GJS to CF; emails from
KDD to CF that jurisdiction is lacking in the case; that if the
miscreants were acting in good faith they would call to dismiss the
case and investigate CT; emails from SE regarding lack of
jurisdiction; that CF is engaging in intimidation; emails from KDD that
CF’s book should be published by Dell Comics. (50 emails)
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 7
7/29/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing Proof of Claim and Cost of Corruption Bills.
SYKES BLOG – COST OF CORRUPTION; 8.00 $300.00/hr 2,400.00
Emails to and from ND ILL BK that Attorney Bussee filed his
appearance; emails from KDD that the first amendment is under
attack by the miscreants; emails from KDD to CF to joing in
dismissing the Sykes Probate for lack of jurisdiction; email from JMD
to CF to dismiss the proceeding for lacking jurisdiction; emails
regarding similarities between Wyman and Sykes; emails regarding
elder abuse cases; that even if the case is dismissed for lack of
jurisdiction, CT must file an accounting; KDD emails on Greylord and
parallels to the Sykes case; emails regarding publication of
declarations from GJS and the elderly sisters to show the Sykes
Probate court clearly lacks jurisdiction and CF and AS should be
calling for its dismissal; emails between SE and GS regarding
references to two houses and what to call them; email from AZ who
thought that CF threatening her was a very desperate action; the key
right now to is get investigation going; email to CF regarding GJS and
the home and what was in it; (46 emails)
7/29/2012 JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and CF regarding lack of jurisdiction in the
Sykes case and missing gold coins; regarding filing a Petition to
Dismiss regarding Sodini notices; emails to and from GJS and KDD
regarding a Motion to dismiss; emails to and from KDD regarding the
Greylord scandal; emails regarding proper procedure for citations;
emails regarding directing others to the blog for reference to torts
against GJS and Mary; JMD drafting such a motion for the blog;
emails regarding the Schwartz case and Attorney M. Soto; emails
regarding case Schlieper; emails that the table of torts and missing
documents makes everything much easier; emails regarding abuse
of process and malicious prosecution; emails that GJS received no
citation to discover assets and it was not properly served by a
Special Process Server; that GJS hired an Indiana Attorney–R.
Bussee to help her out; emails to calm GJS down; reviewing West
law caselaw from KDD: hearing burden of proof, In regarding Baker,
Procedure on the Petition; emails regarding freezing assets in
Indiana; perhaps the authorities in Indiana in that jurisdiction should
be contacted regarding lack of jurisdiction and lack of a citation to
recover assets; that there is no conflict in a case where jurisdiction is
lacking; emails regarding docket sheet; emails regarding the
citation to discover assets; emails bet. KDD and CF; emails to CF
regarding motion to dismiss/nonsuit; emails regarding the Motion to
Dismiss/Nonsuit; (48 emails)
7/30/2012 JMD MARY G SYKES BLOG 6.75 $300.00/hr 2,025.00
Preparing Motion to Dismiss/Non-suit for Attorney Farenga and
assembling exhibits thereto; publishing Cost of Corruption Bill on
blog; preparing numerous blog posts to Law Clerk Zhou.
DENISON & ASSOCS, PC.
October 9, 2012
http://www.CostOfCorruption.com Page 8
JMD SYKES BLOG – COST OF CORRUPTION 7.50 $300.00/hr 2,250.00
Emails to and from work done by TL; that CF should call for an
honest investigation and file a Motion to Dismiss Sykes; emails from
KDD regarding denying Mary her liberty, property, civil right and
human rights; that what CF and AS are doing is wrong, very wrong;
emails to GJS to file the Motion to Dismiss if CF does not; emails
that GJS did not like the wording of the declarations; that the judge
had wrote”too late to contest jurisdiction”–which is not true; Judge Stuart never
made sure GJS, Jo or Yo were served with Sodini Notices; that on p
60, line 18 and following the court enters its ruling colding CT in
contempt of court; that we need to publish more transcripts; that a
court acting without jursidiction is a clear and present danger to all;
emails regarding the Nov 18, 2009 motion setting the hearing on
petition for Dec , 2009; that both GAL’s know that the court lacks
jurisdiction; (33 emails)
7/31/2012 JMD MARY G SYKES BLOG 5.00 $300.00/hr 1,500.00
Preparing cost of corruption; reviewing FED transcript and post and
sending fax to IAG including the table of torts and table of missing
files; preparing 4 posts and Motion to Dismiss/Non-suit for Attorney
Farenga.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and GJS regarding the non inventory of the
gold coins; emails to GJS to calm her down; fax to Presiding Judge
Evans; emails to Moosey regarding lack of jurisdiction in Sykes
case; emails regarding letter to Mr. Moosey; emails to GJS
regarding filing Motion to Dismiss; emails regarding how all of the
serious torts against Mary and GJS could have happened in the US;
publishing Motion for GJS to file; email from KDD to use a Motion to
Dismiss now; emails to GJS that legal documents are not
copyrightable and are not “owned” by anyone; email of documents
from DMV; (53 emails)
For professional services rendered 271.25 $66,114.00
Additional Charges :
7/11/2012 Copy charges for Sykes file. 13.75
7/13/2012 Copy charges of the Sykes File 13.09
7/16/2012 Transcript of court proceedings from Court reporter Sharon Rodrigo for the hearing on 5/11/2012. 40.95
Payment to DMV for Asset search. 36.00
7/17/2012 Postage for correspondence. 0.45
Postage for correspondence. 1.30
Payment to Vimeo, LLC 9.95
Total additional charges $115.49
Total amount of this bill $66,229.49
Previous balance $136,523.33
Balance due $202,752.82
Current 30 Days 60 Days 90 Days 120 Days
66,229.49 0.00 136,523.33 0.00 0.00
From Gloria Sykes–Why has Peter Schmeidel not been disciplined.
Dear Readers;
GJS has a number of complaints against PS, yet the ARDC keeps on ignorning them and dismissing them–despite the fact they have received the 3 affidavits here and have more than adequate reason to KNOW the probate court has been acting without jurisdiction for THREE years, and yet they do nothing, they say nothing.
In a similar vein, I sent Leah Black and the Administrator a copy of John Wyman’s book, and they know that case is operation without jurisdiction for three years. Mr. John Wyman, as you know, has been complaining at the top of his lungs against everyone involved in that–including the US atty’s office, and nothing has been done there.
Big sigh.
So please read GJS’s letter below and take care
JoAnne
Bon Ami Productions, Inc. 773.910-3310(cell)
773.631-9262 (fax and office line)
Bon Ami Productions, Inc.
What is the effect of the appointment of a GAL and why do GAL’s seem to linger for years?
Dear Readers;
One of the issues that KDD and many, many others have brought up is why are GAL’s running around the courtroom and billing the estate long after a temp guardian and even plenary guardian has been appointed? It makes no sense, and perhaps we need a change in law on that–that GAL’s need to be discharged once a plenary guardian has been appointed, UNLESS there is a motion to terminate the present guardian pending. It seems to me these GAL’s hang out too long after a PG has been appointed, often churn up dissent in a family, and bill, bill, bill.
A GAL is appointed to be the eyes and ears of the court. They are supposed to be an independent third party that reports back to the court 1) if they think a guardian needs to be appointed based upon simple questions regarding the estate of the person and finances; 2) if the person objects to the guardianship and wants an atty; 3) who the Respondent wants to have appointed as guardian, if one is to be appointed; 4) if there is in fact a POA appointing a guardian over financial matters and the person; etc.
Of course, we KNOW this is often not going on. Many people report back the Respondent in a Petition for Guardianship wants an atty, objects to the guardianship, objects to where she is living, and wants to go home. It’s a huge, huge issue in guardianships.
But one the appointment is over, the guardian is supposed to marshal the assets, fight off litigation, conduct a proper inventory and accounting and manage the estate and person properly.
Far too often, the probate courts are using the GAL’s to take sides and churn up problems after a favored GAL has been appointed.
See KDD”s comments below.
JoAnne
From KDD:
4 Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).
5 Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).
6 Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919).
Differing result after appointment of one who is only guardian ad litem, see In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).
7 Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919) (requiring trustee of spendthrift trust to pay income to guardian).
8 In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).
9 755 ILCS 5/11a-14.1, as amended by Illinois P.A. 90-250, effective July 29, 1997.
Duly appointed Public Guardians and the Office of the State Guardian have the power to admit a ward to a residential facility.
10 755 ILCS 5/11a-17, as amended by Illinois P.A. 90-250, effective July 29, 1997.
11 755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).
12 755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).
13 755 ILCS 5/11a-18(a).
See also Chapter concerning the Rights, Powers, Duties, and Liabilities of Guardians.
14 755 ILCS 5/11a-18(a).
15 755 ILCS 5/11a-18(a-5).
See also Chapter detailing the Rights, Powers, Duties, and Liabilities of Guardians.
From Ken Ditkowsky–why an investigation is necessary
Good news on two fronts–1) Judge Stuart will not make more decisions until the Court of Appeals rules on Sodini Jurisdiction; 2) In Re Tiffany recent decision supports respect for jurisdictional requirements
Dear Readers;
Atty Ditkowsky has brought to my attention a great new case from the Illinois Court of Appeals — In re Tiffany (posted below) where the Ill. Ct. of Appeals made it clear that procedure in court must be followed and not ignored; and yesterday in the Sykes case, Judge Stuart, at the end of the hearing on voiding the Apportionment agreement and the issues of Mary’s incompetency will be delayed until after the court rules on the jurisdictional requirements having been met in the Sykes case.
That’s a very, very smart decision by the court. It is likely the best decision that Judge Stuart has made in this case, and one that Judge Connors should have made long ago. It looks like Judge Stuart “gets it”. If further looks like why didn’t CF and AS file a Motion to Dismiss for Lack of Jurisdiction (Sodini notices) long ago and end the (unfair) reign of terrorism on the Sykes family, and in particular, Gloria.
I am very glad that the case is now moving along on the proper basis. As soon as I get a copy of the order, I will publish it.
Ken has some very important words of wisdom below also.
Kind Regards to all of you in Probate,
JoAnne
2012 IL App (1st)102492-B
SIXTH DIVISION
September 21, 2012
No. 1-10-2492
In re TIFFANY W., Alleged to be a Person ) Appeal from the
Subject to Involuntary Administration of ) Circuit Court of
Psychotropic Medication ) Cook County.
)
(The People of the State of Illinois, ) No. 10 COMH 1713R
)
Petitioner-Appellee, )
) Honorable Robert W. Bertucci,
v. ) Judge Presiding.
)
Tiffany W., ))
Respondent-Appellant). )
JUSTICE HALL delivered the judgment of the court, with opinion.
Justices Hoffman and Rochford concurred in the judgment and opinion.
O P I N I O N
¶ 1 In her original appeal to this court, respondent Tiffany W. challenged the July 29, 2010,
order of the circuit court of Cook County, which found her to be a person subject to involuntary
administration of psychotropic medication under section 2-107.1 of the Mental Health and
Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2-107.1 (West 2008)). On
appeal, she contended that: (1) the State did not comply with the notice requirements under
section 2-102(a-5) of the Mental Health Code (405 ILCS 5/2-102(a-5) (West 2008)); and (2) the
No. 1-10-2492
State failed to establish the elements necessary to administer medication to a non-consenting
person. In response, the State argued that the appeal was moot because the July 29, 2010, order
had expired. We agreed with the State and dismissed the appeal. See In re Tiffany W., 2011 IL
App (1st) 102492-U.
¶ 2 On July 17, 2012, our supreme court denied leave to appeal but issued a supervisory order
directing this court to vacate our order dismissing the appeal as moot, reinstate the appeal and
consider the case on the merits. In re Tiffany W., No. 113839 (Ill. July 17, 2012). In accordance
with the supervisory order, we vacate our prior order and address the merits of the issues raised
on appeal. The relevant facts are not in dispute.
¶ 3 Respondent Tiffany W. was 39 years old at the time of these proceedings and an Army
veteran. She was previously diagnosed with schizophrenia and suffers from delusions and
paranoia. She had been hospitalized on numerous occasions, including at least three admissions
within the year preceding the hearing. As the result of a fall from a ninth-story window when she
was 32 years old, respondent Tiffany W. suffered permanent damage to her brain and spine. She
is confined to a wheelchair and suffers from quadraparesis and dysarthria. Tiffany W., 2011 IL
App (1st) 102492-U, ¶ 3.
¶ 4 In 2009, respondent Tiffany W. stopped taking her psychotropic medication. Thereafter,
her behavior and demeanor diminished, resulting in delusions, including the belief that she is
either a man or God, frequent outbursts involving inappropriate and abusive language, and a
decreased ability to care for her own hygiene or health. Dr. Sean M. Blitzstein, respondent
Tiffany W.’s treating psychiatrist, filed a petition seeking an order for the involuntary
2
No. 1-10-2492
administration of psychotropic medication in order to treat respondent Tiffany W.’s illness and to
improve her quality of life. Tiffany W., 2011 IL App (1st) 102492-U, ¶ 4.
¶ 5 At the hearing on the petition, testimony from Larry W., respondent Tiffany W.’s father,
and Dr. Blitzstein, her treating psychiatrist, revealed that when respondent Tiffany W. took her
psychotropic medication, she was able to live in her own residence with the assistance of
caregivers. Without psychotropic medication, she became agitated easily and delusional and
generally was unable to care for herself. Dr. Blitzstein opined that respondent Tiffany W. did
not have the capacity to decide for herself whether to take or refuse the medication. Tiffany W.,
2011 IL App (1st) 102492-U, ¶¶ 3-4.
¶ 6 Following the hearing, the circuit court granted the petition and ordered the administration
of psychotropic medication to respondent Tiffany W.
¶ 7 ANALYSIS
¶ 8 On appeal, respondent Tiffany W. contends that the State’s failure to comply with the
written notice requirement under section 2-102(a-5) of the Mental Health Code requires reversal
of the circuit court’s order. She further contends that the State failed to establish the elements
necessary to administer medication to a nonconsenting person.
¶ 9 I. Standards of Review
¶ 10 Whether there was substantial compliance with a statutory provision presents a question
of law, which we review de novo. In re Nicholas L., 407 Ill. App. 3d 1061, 1072 (2nd Dist.
2011). A reviewing court will not reverse a trial court’s determination as to the sufficiency of the
evidence unless it is against the manifest weight of the evidence. In re Laura H., 404 Ill. App. 3d
3
No. 1-10-2492
286, 290 (4th Dist. 2010). A judgment is against the manifest weight of the evidence only where
the opposite conclusion is apparent or where the findings appear to be unreasonable, arbitrary, or
not based on the evidence. Laura H., 404 Ill. App. 3d at 290.
¶ 11 II. Discussion
¶ 12 We begin by reviewing the pertinent portions of the Mental Health Code. Psychotropic
medication may not be administered involuntarily to an adult respondent who is receiving mental
health services, unless it has been established by clear and convincing evidence that all of the
following factors are present:
A. The respondent has a serious mental illness.
B. Because of said mental illness, the respondent currently exhibits: deterioration of
his or her ability to function, as compared to the respondent’s ability to function prior to
the current onset of symptoms of the mental illness for which treatment is presently
sought; suffering; or threatening behavior.
C. The illness has existed for a period marked by the continuing presence of the
symptoms set forth above or repeated episodic occurrence of these symptoms.
D. The benefits of the treatment outweigh the harm.
E. The recipient lacks the capacity to make a reasoned decision about the treatment.
F. Other less restrictive services have been explored and found inappropriate.
G. Any testing or other procedures for which authorization is sought are essential for
the safe and effective administration of the treatment.
See 405 ILCS 5/2-107.1(a-5)(4) (West 2008). “Clear and convincing evidence” is “that quantum
4
No. 1-10-2492
of proof that leaves no reasonable doubt in the mind of the fact finder about the truth of the
proposition in question.” In re John R., 339 Ill. App. 3d 778, 781 (5th Dist., 2003). Clear and
convincing evidence is considered to be more than a preponderance but less than is required to
convict an individual of a criminal offense. John R., 339 Ill. App. 3d at 781.
¶ 13 Before a respondent can make a reasoned decision about medication, he first must be
advised as to the risks and benefits of the proposed course of medication. In re Louis S., 361 Ill.
App. 3d 774, 780 (4th Dist. 2005). Section 2-102(a-5) of the Mental Health Code provides in
pertinent part as follows:
“If the services include the administration of ***psychotropic medication, the physician
or the physician’s designee shall advise the recipient, in writing, of the side effects, risks,
and benefits of the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient’s ability to understand the information
communicated.” 405 ILCS 5/2-102(a-5) (West 2008).
¶ 14 The requirements of section 2-102(a-5) are to “ensure that a respondent is fully informed,
but also ‘to ensure that a respondent’s due process rights are met and protected.’ ” Nicholas L.,
407 Ill. App. 3d at 1072 (quoting John R., 339 Ill. App. 3d at 784). Strict compliance is
necessary for the protection of the respondent’s fundamental liberty interest in refusing invasive
medication. Nicholas L., 407 Ill. App. 3d at 1072. “Verbal notification is insufficient and the
right to receive written notification under section 2-102(a-5) cannot be waived by a respondent.”
Nicholas L., 407 Ill. App. 3d at 1072; see John R., 339 Ill. App. 3d at 784 (written notification is
particularly important where the respondent refuses to discuss the risks and benefits of the
5
No. 1-10-2492
medications with his doctor).
¶ 15 The petition stated in pertinent part as follows:
“The patient was provided in writing the risks, benefits and side effects of each of the
medications requested, as well as alternatives, by Dr. Rishi Kumar, PGY-2 Psychiatric
Resident. This was done on June 11, 2010 and documented in the VA charting system.
The patient became agitated, refusing to read or discuss them, but they were left in the
patient’s room. The patient was again given written information about the risks, benefits,
and side effects of each of the medications requested on July 29, 2010, by Dr. Blitzstein.”
At the hearing, Dr. Blitzstein was questioned by the assistant State’s Attorney as follows:
“Q. Doctor, has the respondent been given written information regarding each of the
medications you’re seeking including the risks and benefits of each medication?
A. Yes, she has. She has been given it on two occasions. On June 11th by my
resident, who was working with me at the time, and also today.
Q. By who?
A. Oh, by me today.”
¶ 16 The reference in Dr. Blitzstein’s petition to “alternatives” indicates written notification as
to alternative medications but not as to any nonmedical treatment options. See Nicholas L., 407
Ill. App. 3d at 1073 (knowledge of alternative medications did not address other medical options
or nonmedical treatment alternatives). The State did not call Dr. Kumar to testify, and Dr.
Blitzstein only referred to written notification of the risks and benefits of the medication, not
written notification of the treatment alternative options, in his testimony. The circuit court did
6
No. 1-10-2492
not make a finding that the State had complied with the written notification requirement. We
conclude that the State failed to comply with section 2-102(a-5) of the Code.
¶ 17 Case law from other appellate districts holds that the failure to comply with the
requirements of section 2-102(a-5) compels reversal of an order for the involuntary
administration of psychotropic medication. See Nicholas L., 407 Ill. App. 3d at 1073. In Laura
H., the reviewing court determined that the State failed to comply with section 2-102 (a-5) where
the documents did not address the risks, benefits or alternatives. Because the State failed to
present any evidence that the respondent was informed in writing of the risks and benefits of the
proposed treatment, as well as alternatives to the proposed treatment, the court held the
involuntary treatment order was against the manifest weight of the evidence. Laura H., 404 Ill.
App. 3d at 290-91. In Louis S., the State’s failure to present evidence that the respondent was
informed of the risks and benefits of the proposed medication required reversal of the order.
Louis S., 361 Ill. App. 3d at 780 (citing John R., 339 Ill. App. 3d at 783).
¶ 18 This district has not addressed the precise issue raised by respondent Tiffany W., i.e.,
whether the failure to provide the respondent with written information as to alternative treatment
options requires reversal. In Nicholas L., the appellate court noted the absence of cases where an
order for the involuntary administration of medication was reversed solely on the basis of the
failure to provide written notification of the alternative treatment options to the respondent but
concluded that reversal in such cases was required. In reaching that determination, the court was
guided by the holding in John R., that “the failure to provide written notice compelled reversal
because the ‘Code’s procedural safeguards are not mere technicalities but essential tools to
7
No. 1-10-2492
safeguard [a respondent’s] liberty interests.’ ” Nicholas L., 407 Ill. App. 3d at 1073 (quoting John
R., 339 Ill. App. 3d at 785). Because the “law is clear that failure to strictly comply with the
[Mental Health] Code’s written notification requirements in general compels reversal,” the court
held that “failure to provide written notification of alternative treatment options compels
reversal.” Nicholas L., 407 Ill. App. 3d at 1073.
¶ 19 The court in Nicholas L. also rejected the State’s argument that the respondent was
required to prove that he was prejudiced by the failure to comply with the written notification
requirements of section 2-102(a-5). The court pointed out that the harmless-error rule did not
apply in right-to-written notification cases. Nicholas L., 407 Ill. App. 3d at 1074 (citing In re
A.W., 381 Ill. App. 3d 950, 957 (4th Dist. 2008)). However, this district has recognized that the
failure to strictly comply with even mandatory provisions of the Mental Health Code can be
harmless error. In re Karen E., 407 Ill. App. 3d 800, 812 (2011) (citing In re Nau, 153 Ill. 2d
406 (1992)).
¶ 20 In Nau, the supreme court determined that a defect in the notice of hearing required by
section 3-611 of the Mental Health Code (Ill. Rev. Stat. 1989, ch. 91½, ¶ 3-611) did not warrant
reversal. The court determined that the respondent forfeited the error by failing to raise the issue
in the trial court. Even if the court had considered the error, the respondent received actual
notice of the hearing, which allowed him an opportunity to prepare for and be heard at the
hearing, thus satisfying the purposes behind section 3-611. Nau, 153 Ill. 2d at 418-19. Likewise,
in Karen E., this court found that the failure to provide the verbatim transcript of the proceedings
required by section 3-817 of the Mental Health Code (405 ILCS 5/3-817 (West 2008)) caused no
8
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prejudice where the parties agreed to a stipulated statement of the facts from the proceeding.
Karen E, 407 Ill. App. 3d at 812.
¶ 21 Unlike in Nau or Karen E., the purposes behind section 2-102(a-5) were not satisfied in
this case. Not only must a respondent be fully informed, but compliance with section 2-102(a-5)
is necessary to ensure that a respondent’s due process rights are met and protected. Nicholas L.,
407 Ill. App. 3d at 1072. Strict compliance with procedural safeguards is required because the
respondent’s liberty interests are involved. Louis S., 361 Ill. App. 3d at 780. Unlike in Nau, the
legislative purposes of section 2-102 (a-5) were not achieved in this case. Requiring strict
compliance with the written notification requirement is a necessity and not merely a formality, in
this case. Compare Nau, 153 Ill. 2d at 419. Therefore, the error is not forfeited.
¶ 22 Moreover, in light of the second issue raised by respondent Tiffany W., the failure to
comply with section 2-102 (a-5) is not harmless error because it goes to whether the State proved
one of the necessary elements of section 107.1(a-5)(4) of the Mental Health Code. In In re Linda
K., 407 Ill. App. 3d 1146 (4th Dist. 2011), the reviewing court reversed the order requiring the
involuntary administration of medication to the respondent. The court agreed with the
respondent that the State failed to prove by clear and convincing evidence that she lacked the
capacity to make a reasoned decision about the proposed treatment because she was not provided
with the “statutorily mandated written information about the side effects, risks, benefits, and
alternatives of the proposed treatment. Linda K., 407 Ill. App. 3d at 1153. Likewise in the
present case, absent its compliance with section 2-102(a-5), the State failed to prove by clear and
convincing evidence that Tiffany W. lacked the capacity to make a reasoned decision about the
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proposed treatment. Therefore, the State failed to satisfy all of the necessary elements of section
2-107.1(a-5)(4) of the Mental Health Code.
¶ 23 CONCLUSION
¶ 24 The State’s failure to comply with the written notification requirement of section 2-102(a-
5) of the Mental Health Code requires that we reverse the July 29, 2010 order, requiring the
involuntary administration of psychotropic medication to respondent Tiffany W.
¶ 25 The judgment of the circuit court is reversed.
¶ 26 Reversed.
10
Great news from the “other daughter”–Notice of Appeal now on file
Dear Readers;
Good news all around. You can now see how to properly file a Notice of Appeal, Docketing Statement and Request for the Record Preparation to appeal a Motion Denied by the Probate Court
Appellate Documents to file an Appeal Denying Motion to Dismiss for Lack of Jurisdiction (Sodini)
Great Job! Keep on going, younger daughter.
Joanne
Better News from the Michigan Adovocacy Project–Dr. C is Freed from an abusive guardianship!
Better News from the Michigan Adovocacy Project–Dr. C is Freed from an abusive guardianship!
But don’t get too excited, I understand the ward came in for a 6 month report, and it was pre-arranged to terminate the guardianship. Further, the ward asked for, and was given his own attorney who could negotiate a deal. Mary has several written notes that she wants a private attorney and to go home, but all those have been ignored by Judges Stuart and Connors. At one time, GAL Farenga was concerned about jurisdiction, (I have the fax page), but no longer. She won’t join in the other daughter’s petition to dismiss the guardianship for lack of jurisdiction.
Still no reports of a guardianship terminated on the facts, with the GAL objecting not because the ward was competent and could handle her own affairs OR because the guardianship did not meet notice/due process standards–we are all waiting for a brave attorney to do that case. Also ripe for a case is a class action wherein all probate court records will be checked for notice to relatives in Illinois and guardianships revoked and attys fees refunded! I’m waiting for that one.
Article on James F. Chism’s guardianship
James F Chism’s Guardianship terminated!
Subject: Macomb County Guardianship – Revoked
Retired chiropractor returns to being a free man
While the comments pages has been disabled, to thank the paper for publishing this article and ask for more and a full feature article, go to the “contact us” page at the bottom of the page above or home page and send an email to the following:
Publisher of Michigan Group, Jim O’Rourke (e-mail)
Regional Vice President of Sales for Digital First Media in Michigan, Teresa Goodrich (e-mail)
Executive Editor, Richard Kelley (e-mail)
Circulation Director, Mike Muszall (e-mail)
Managing Editor, Ken Kish (e-mail)
Lifestyles Editor, Niky Hachigian (e-mail)
Features Editor, Debbie Komar (e-mail)
Editorial page, Bill Ewald (e-mail)
Online Editor, Bruce MacLeod (e-mail)
Chief Photographer, David Posavetz (e-mail)
You can also call them for a fax number: (586) 469-4510.
Anyone who is serious about being an activist should get an “efax” or “smartfax” to fax directly out of your computer AND do group faxes too! Computer faxes are about $10 per month plus ten cents a page–cheaper than my postage per month by far!
When the Court’s function properly the rights of senior citizens are protected; however, there are too many cases – such as Sykes, Gore, Tyler, Wyman et al in Illinois – in which the exploitation of the elderly is obvious and no one is interested in even investigating the outrageous conduct that is the hallmark of the protest. How can an abusive estranged husband be appointed as a guardian of his wife (Wyman)? How can a mentally ill grandchild – herself lacking competency – be appointed as a guardian (Gore)? How can a daughter who the alleged incompetent is seeking an order of protection be appointed plenary guardian (Sykes)? How can a a common thread of large sums of money not being part of the inventory be ignored?
In Illinois we have a comprehensive legislative procedure to protect the elderly from miscreants using the courts to separate a senior from his/her liberty, property, civil rights and human rights. As illustrated by Sykes the entire procedure was and three years later is ignored. Indeed, it is unethical (according the ARDC) to complain. [This letter may generate another ARDC complaint against me even though it is clearly protected by the First Amendment to the United STates Constitution).
What we ‘seniors’ need is for an honest, complete, and comprehensive investigation of this guardianship situation and if it is determined that guardianship is a ruse to under color of statute for miscreants to deprive seniors of their liberty, their property, civil rights and human rights as I am many others have charged the miscreants should suffer the full weight of the law.
I use the word we as it occurred to me that I am a year older than Dr. C. I use the word we because it appears if the procedure that was followed in the Sykes case is the rule rather than the exception, watch out Mr. Romney and Mr. Obama – there are at least two doctors who have a reputation of finding everyone that they examine incompetent! Read the August 2009 and August 2010 transcript and the Judge clearly illustrates how we treat these serious cases.
Ken Ditkowsky
http://www.ditkowskylawoffice.com/
Testing the Mettle of Rockford Probate Court
Dear Readers;
As you are aware, this blog is about helping others in probate court. Letting everyone know what works and what does not work. Pleadings, emails and other documents are published here and on other probate blogs (which I might or might not have control over) regarding better tactics to protect YOU and your beloved grandpas, grandmas and the disabled. These are often the poor of the poor, or they will be after probate court gets to them via a fee for this and a fee for that and often two or more attys churning the bill, liening the paid for family home, the savings that were never used on family trips and vacations and vacation homes, etc.– then granny goes into a nursing home, isolated and never seeing the light of day again. You will note it is rare to see ANYONE from a nursing home going outside ever again. And the food isn’t healthy by a long shot. Whole Foods is NOT doing the catering.
Getting back to Probate court in Rockford, after lengthy argument, the court did NOT decide in John Wyman’s favor. Oh, the record was clear and the court even admitted notices were not served, but Judge Fabiano said during hearing (and we did have a private court reporter and I do have a record and transcript I will publish ASAP), 1) constructive notice is enough due process for the Wyman family; 2) the entire family knew of the proceeding and did not file anything soon after the fact; 3) laches applied (see my email to SRR below regarding THAT legal theory) and 4) Carol Wyman’s injuries in the nursing home where she was severely beaten and sexually abused could not possibly have been the fault of poorly picking a Guardian that was an infamous abuser in his family and the local community (but she did not explain why that was, SRR and KMT said it was not the right time period, but it is my understanding she suffered at a horrid nursing home–one of the worst in Rockford during the July to Sept. 2009 time period and then she escaped.)
The moral of this story is: if you don’t like your spouse and no longer have any need or want for them around the house, drug them, take them to a nursing home and get a temporary guardianship over them in court. When they “awake” from all the drugs and start protesting and want to go home, the nursing home will physically hold them down and shoot them up with Halodol (a drug NOT FDA recommended for seniors due to stress on all the internal organs) and then you will never have to deal with your “spousal problem” again. And all with the blessings of the Rockford Probate court and 2 court appointed attorneys. All you have to do is tell all the attys involved that your house is paid for in full. They will then attack anyone and everyone to get to where they are going.
All this actually happened to Carol Wyman — and more, get the book “Against Her Will” or just email John Wyman for a copy at johnhowardwyman@gmail.com. It’s a 5 star book on Amazon you won’t be able to put down.
So SRR is supposed to draft up an order for the court to sign on Monday. Because I have been involved in, or have heard of, most of the dirty tricks in probate, I was extremely well prepared for the hearing and could shoot down just about every single dirty lie, trick, ruse — you name it, I had the answer for the court.
However, it did not seem to do much good. SO onto the emergency appeal, soon as I get the order.
Take care all and read the email I sent to SRR below regarding what to put in the order for findings of fact and conclusions of law.
JoAnne
now for my email to Sharon Rudy:
Dear Sharon;
Please make sure you put in the order tomorrow, the following findings by Judge Fabiano:
1) That the case, In re Steinfield held that notices could be excused if the movant had been significantly involved in the case post appointment of a plenary guardian (perhaps you can find the page cite for that holding, I could not)
2) that laches applies to defeat a finding of lack of jurisdiction under the Probate Act (I believe that would be new law because laches is an affirmative defense which is only pled as an Answer to a Claim–but maybe the Illinois App. Ct will change that centuries old law, what do I know?)
3) that the Probate Act allows for constructive notice to be served on all “close relatives”. The notice need not be in writing and it need not be personally served or served by mail.
The sisters were served via phone call to one and that was adequate notice.
4) that John Wyman and William Wyman were represented by the OPG or Heckinger in early July and that excused notice. (Willaim Wyman was NOT represented by the OPG except early on in the case when the OPG was only defending him and did so successfully regarding the OOP. The OPG only filed an appearance for that issue and William Wyman will submit an affidavit to the court regarding that issue, but you can put in the order that it was a finding from the hearing because that’s what happened).
5) that the sisters had constructive notice by phone or upon information and belief and statements from KTM that she remembers calling one sister sometime before the hearing.
Yes, I think that those were the most important points that both you and Judge Fabiano made yesterday.
As we discussed, my client is willing to post a supercedas bond pending appeal for half the estimate costs of appealing. Please send me a good faith estimate of those costs which may consist of: 1) utilities, taxes, insurance; 2) an estimate of the FMV of the personal property, which I believe is negligable looking at the inventory list.
If the judge is still interested in awarding sanctions, I would like the opportunity to brief that separate issue, so please put in the order a briefing schedule, ie, 1) when you will submit your motion for sanctions, 2) a 3 week response for me and 3) whatever you need for reply and then set it for hearing. You can just call me on my cell or text me for hearing dates and let me know what day and time you will be in court to set that. I believe that is a separate motion that must be in writing, properly served and the respondent is entitled to a briefing schedule.
Also, I did make the statement that the court appeared to making a ruling that “hearsay, innuendo and rumor” satisfied the Probate Court Act notice standards in accordance with Sodini/Steinfeld and you can put that in the order and I don’t mind.
thanks
joanne
A very well drafted letter from Judy Ditkowsky asks, “Why did the GAL’s threatening KDD when all he wants to do is investigate?”
Dear Readers;
Mrs. Ditkowsky has been kind enough to share her very well drafted letter with us on this blog. In it, the letter asks the most important question underlying the case, why do the GAL’s in a Probate proceeding threaten a third party attorney for merely investigating an alleged wrongful guardianship?
Inquiring minds want to know.
As an attorney, or even an outsider, it doesn’t take much to know that when one is threatened, there is assuredly a fat, thick, scab to pick that probably contains a good amount of pus and infection. I’m not a criminal atty, but at least I know that one.
Read on for some very interesting news. I never heard the entire story about the “threats”, I know the ARDC did not want the entire story to come out, so this is very interesting.
JoAnne
From KDD–Sykes has TWO GAL’s. What are they supposed to be doing and why aren’t they gone in the case?
http://www.ditkowskylawoffice.com/
From JoAnne
Dear Readers,
Now one would think that a GAL is supposed to be the “eyes and ears” and not take a side, not isolate a ward, not allow any of her property to be destroyed by the PG’s atty, PS, but it happened.
All of it happened.
Nothing was reported to the court, there is nothing in the court’s files indicating any concern on the part of the GAL’s.
How could this be you ask?
It is most certainly clear that everytime a GAL ticks off someone in the family, they make a bundle. They sell the ward’s paid for home for atty’s fees, they foment controversy, they get right in the middle of everything.
The other daughter is and has basically been pro se for 95% of this proceeding. The GAL’s are counting on that too.
It seems to me, when these controversies are involved, perhaps the senior and her family have a constitutional right to an atty–and the Probate Court should pay for that, not the senior or family when wrongs have been committed. This is especially so when the attys involved will be asking the estate for reimbursement in the case.
It is my opinion that once it became clear there was a conflict of interest with the GAL’s and the other daughter, the GAL’s should have been replaced and the case reassigned a new judge and the other daughter should have been appointed a pro bono atty if she asked for one. That would have made the proceeding much fairer and ensured justice.
take care
joanne
Let’s see which Probate Court does better–Rockford or the 18th floor of the Daley Center
Dear Readers
As you may or may not know, John Howard Wyman has written an excellent book on the Probate court in Rockford, and his harrowing experiences there. If you don’t have a copy, please go out and get a copy. Out of stress and strife, John Wyman has done a great deal of good by writing a book on his experiences in order to help YOU, the people who have been denied justice in an Illinois Probate Court.
While I am not going to provide you with much comment on this case because there’s no reason–the pleadings speak for themselves, I did want make sure you have the pleadings in case you face a similar situation. Therefore, I am publishing all the documents in that case, namely,
John’s original Motion to Dismiss for Lack of Jurisdiction (Sodini)
JHW – Motion to Dismiss for Lack of Jurisdiction – filed Aug 31, 2012
Attorney Sharon Rudy’s Brief in Response
SRR – Response to Motion to Dismiss for Lack of Jurisdiction – filed Sept 14, 2012
My Reply Brief, filed yesterday:
JMD Reply Brief–Motion to Dismiss, Lack of Jurisdiction (Soldini)
The transcript from the last hearing in which I argued that the Motion to Dismiss IS in fact an emergency because everyday someone lives under a guardianship without jurisdiction is a day she has been deprived of life, liberty, property, human rights and civil rights without due process of law, which is a constitution violation under the US and Illinois state constitutions.
Transcript of hearing 8/31/12 re Emergency Motion to Dismiss or Nonsuit due to lack of Jurisdiction.
I will be ordering all the transcripts today.
I am also publishing the hearing date, time and place of September 28th, Court room 217, 400 West State St, Rockford Illinois, Judge Fabiano at 11:00 am so all the Probate groups can come out and watch and publish. This should be a major victory for the Probate groups. If the Honorable Judge Fabiano does her job, this should be a dismissal/nonsuit QED.
Judge Fabiano will be our heroine. She can then tell all the other Illinois probate judges to carefully check and question that all adult children, siblings and parents have been given notice of the date, time and place of hearing, in writing, 14 days in advance of the hearing.
thanks
JoAnne
I am publishing this because PLEADINGS SHOULD BE PUBLIC. The Rockford Court house has been given about 80 million dollars so far to get their court records computerized, and so far, nada. Attys cannot upload, the public cannot download and the system, like the Cook County system, is an electronic dinosaur.
I hope to also get all the transcripts and publish them for you in the Rockford case.
While I am actively involved in the case, I will refrain from commenting on it, you can still get the book (on Amazon), and read the pleadings and transcripts because I intend to do the job of the Illinois county courts and make them all public, as they should be.
thanks
joanne
PS – If you are having any problems opening the above links, try downloading the software for Google Drive–just google it. If that does not work, please email me and I will try to help.
Summary of Procedural Errors in In Re Mary Sykes
From KDD:
I wonder if another letter to Judge Evans, Judge Stuart, the two Illinois Senators, the Judicial Inquiry Board, the ARDC. Gov Quinn and the Chief Judge of the Illinois Supreme Court might cause a stir!
This is what happens when Justice comes “from a list”
From Ken Ditkowsky, what rights do a ward have, according to case law?
From Judy Ditkowsky–a great summary of the case from her perspective
Dear Judy;
Thanks for passing this along. I understand before whatever the hearing board does is made final, Ken will be able to submit more argument after learning of specific findings of fact.
Thanks again, you are a great writer and don’t be shy.
JoAnne
First of all, approximately 3 years ago, the attorney for the older sister (Carolyn) in the Sykes case, AND the “special” guardian ad litem called Ken in his office, within an hour of each other, each threatening to file a claim before the ARDC. They threatened to have Ken brought up on charges before the Circuit Court, as they said that the Court had ruled that there was to be no further inquiry into the Sykes case. At that time, I was in the office almost every day because of Ken’s problems with secretaries quitting and/or being sick and I was there when they called. Ken put the calls on speakerphone so I heard them. Ken was livid at this threat.
About a year to a year and a half ago, an ARDC claim was filed by the attorney for Carolyn (Peter Schmiedel), and the two guardians ad litem: the original guardian, Cynthia Farenga and the special guardian ad litem, Adam Stern. When Ken continued to investigate they filed a petition in the Circuit Court for sanctions, and Ken was eventually declared “a bad boy”. He appealed the case,and the claim was THROWN OUT FOR WANT OF JURISDICTION by the APPELLATE court.
After Ken won in the Appellate Court, the undeterred GALs (guardians ad litem) continued to press charges and filed the instant proceedings with the ARDC, with fifteen claims that Ken lied, was deceitful and was interfering with the course of justice and that he had sent emails. Ken had sent the emails, and of course admitted that. BUT he asked for specifics. You have taught law classes and you know that vague claims are not allowed. During the discovery process, the attorney for the ARDC admitted that the ARDC did not have information on what Ken had lied about or how he had interfered with the administration of justice. Of course, then Ken filed a motion to have the ARDC charges disallowed for want of knowledge, clarity and specificity. The first indication that this might not be a level ground proceeding was that Ken’s motion was denied. So he had to defend himself against essentially unknown charges.
Once he came to the hearing, the chief hearing officer sustained every motion of the ARDC to squelch any questioning that had to do with the truth or falsity of what Ken had said, calling it “trying the underlying case”. What was the underlying case? Ken has not appeared for anyone in “the underlying case”. The attorney for the ARDC administrator spent over an hour emphasizing that Ken had been sanctioned by the ARDC, and tried to ignore the actions of the Circuit and Appellate Court on the case which the appellate court had thrown out. By allowing this to proceed, was the hearing officer impartial? Well, I’m not impartial either, but I don’t think it came through as something which properly should have been allowed to occur.
The hearing officer had over-ruled Ken’s objection to telephone testimony by a physician whom Ken had contacted regarding the facts of something that Ken had written to the doctor and was supposed to be in the doctor’s files. When the telephone testimony occurred, the doctor could not find the document or the place on the document to which the ARDC attorney was referring. (All the other witnesses had the benefit of this attorney coming over to them and showing them where to look). Eventually, the hearing officer got so frustrated that he asked to speak to the court reporter at the doctor’s office. The doctor’s reply was “She’s not here”. The hearing officer let this travesty of testimony continue for several minutes before finally stating that the doctor would have to come and testify in person on Friday. If the court reporter who had been hired by the ARDC was noton the scene and recording what was happening, how could the hearing officer hear the testimony, if this was a level field hearing?
The hearing officer had allowed two days (Thursday and Friday) for the hearing and stated firmly that that was all the time allotted. He said that both sides, the ARDC and Ken, had thought it would take only one day, and he had allotted the second day only as an emergency spillover. Then he allowed the ARDC to put on its case until I think it was four o’clock on Friday afternoon. Is this a level playing field?
Nevertheless, with all the obstacles presented, Ken and his attorney were able to show that the older daughter’s attorney KNEW that money which had been frozen by the court system at his request was money involved in an insurance claim in which Gloria (the younger daughter) was the only litigant: the money had NOTHING to do with the old lady. They were able to get the “special” guardian ad litem to admit that the mother was living in Du Page county, when the statute shows that probate proceedings MUST take place in the county in which the person at risk of guardianship actually lived, which was not Cook County; that Mrs. Sykes living sisters (required specifically by the law) had never been formally notified that they had the right to be at any guardianship hearing, the mother was only told of her rights to an attorney of her choice and a six person jury in a meeting in the home of the daughter whom the mother had specifically asked for an order of protection against, by this guardian — so this did not meet the legal requirements. No one contested the claim that Ken has voiced that the mother had been admitted to the hospital for a swallowing disorder only AFTER she had lost 10% of her body weight, nor had the guardians ad litem done anything to protect their ward’s health. The guardian ad litem actually stated that “these things happen to these people” — ie, preventable illness in his ward is none of his duty as the “eyes and ears of the court”. The second guardian ad litem admitted that the only time she ever saw Mrs. Sykes was when the older daughter brought her to her office in Evanston because “Naperville was too far away” and the other guardian lived closer. That is precisely why the Statute says that the proceedings must take place in the county where the person resides. Naperville is in Du Page county, so she knew that she was not a qualified guardian under the statute. Ken and his attorney were able to bring in the transcript in which the first judge in the case clearly said that if the MD (the one with the telephone testimony travesty and Mary’s long time physician) would not sign the form which said that Mrs Sykes was incompetent , the guardians should find another doctor who would–i.e., go doctor shopping And, when he cross examined the first guardian ad litem, Ken was able to get him to admit that there were two doctors who routinely sign such documents and one of them was the doctor who signed the paper for Mrs. Sykes. Finally, Ken’s attorney, when cross-examining the Evanston guardian, got her to admit that the older daughter was allowed to drill a safety deposit box with neither guardian ad litem present, even though they had received all these emails, because they “KNEW” that the gold in the box was imaginary. When they called Ken as an adverse witness, he had the chance to give the four reasons he had to believe that the gold was real: 1) when he drew a will for Mrs. Sykes some years ago, he had properly investigated the size and type of estate he was drawing a will for; 2) Mrs. Sykes sister had told him of the way in which at least part of it had been acquired (inheritance from a specific estate), 3) he had seen one of the coins, so he was able to describe it to coin dealers and/or look up its value in coin catalogs so that he could estimate the total value at that time of the treasure, and 4) that the person accused of having taken the gold without inventory had never denied the allegation. Remember, he was under oath and he is supposed to be presumed innocent and therefore telling the truth. Ken was able to state that he had been asking for investigations by Law Enforcement of activities which did not seem to fit any definition of proper behavior, and that he had been open in all his emails so that the various complainants could not complain that he was acting behind their backs.
The only action which the ARDC attorneys took to “prove” that Ken was telling lies was having the various witnesses they call deny (of course all were under oath) that they had ever done anything illegal — but over and over and over again– clearly another time waster. Last time I studied the matter, in the U.S., a person is innocent until proven guilty — in this level of hearing, by clear and convincing evidence. Under oath these witnesses had admitted that they had not performed the duties required by the law, had not protected Mrs. Sykes interests, had trampled over the rights of others, all of the matters that Ken had been calling for an investigation of. No evidence was given that anyone had ever done anything except to ask what “he said” or “she said”. Ken’s attorney brought out that the fact that these guardians had remained active in the case for no pay was not the ordinary course of legal practice of private attorneys who have bills to pay. Ken specified exactly how much he had been paid (very very little and only at the outset) and that he had an escrow fund that includes more that what he can possibly ever be called upon to return, and that he was acting as a concerned citizen after he had been barred from representing any party in the case… and also because as a lawyer he is bound by an actual mandatory reporting law for questionable behavior of other lawyers or governmental officials. This is called the Himmel rule, after an adjudication. The behavior of the guardians’ ad Litem, the judges, the attorney for the older sister, make it clear that they believe that ONCE a malfeasance has been reported, peons cannot report it again if no investigation has been made by a third party. This is not the clear intent of the ruling of the court which promulgated this rule, nor of the baseline statute. Of course, in their opening statement, the ARDC attorneys had stated that Ken had raised the spector of the Greylord hearings just when the public was beginning to respect the Cook County courts after so many years. No doubt or question about that: most of Ken’s emails had had the word Greylord in their title!!!
Ken was under oath; having been called as an adverse witness, he was able to bring material that had previously been disallowed to the attention of the court. Since the order was apparently written before the hearing officers left for the day.. it was issued early on Monday, obviously, Ken’s exculpatory evidence had clearly never been looked at — again, the presumption of innocence was ignored. Is this a level playing field???
When the transcript is issued… and obviously, the hearing officers relied “only” on their memory of what they had heard …all of this will be part of the public record. In the meantime, the charges against Ken have been on the internet for months and no doubt the order is there now too.
In the meantime, Ken’s attorney showed that the doctor knew that the way in which Ken had phrased his questions did not make it mandatory that he respond. He also showed that the amount of time that the guardian ad litems and the attorney for the older daughter had spent was clearly optional on their part, as they had never sent their copies of the email to spam, formally requested of Ken that he stop copying them on the emails, or taken any action short of the ARDC to stop getting the emails. Meanwhile the ARDC lawyers attempted to break copyright laws by putting blogs into evidence without permission of the copyright owners of the blogs. This is one of the few things they were not allowed to do.
Interestingly, the effect of Ken’s campaign has actually allowed vulnerable people to call upon the “Sodini rule” (an appelate court case relating to the laws of guardianship which I mentioned above), get their hearings, and not be declared wards of the court without due process, have their civil liberties abrogated and the money they worked for all their lives squandered by guardians and kept from their children and grandchildren and rightful heirs. Is this interfering with justice? which was one of the fifteen counts, or is it interfering with nefarious activity?
Why should Ken need character witnesses? He was not accused of stealing from the elderly! He was accused of telling lies about public officials, and the officials under oath were forced to admit the truth of some of those accusations despite the active assistance of the chief hearing officer with the attempts of the ARDC attorneys to bar this evidence. Over the two days, about fifteen people came in to witness the hearing, and that did not include Naomi and myself. Those who could stayed the whole time. One lady who came had a family member from whom nine million dollars was extracted. In another case, I think in Colorado, a ward died under strange circumstances and her body was cremated within hours. The General Accounting Office wrote a report last year stating that elderly abuse by state officials is endemic nationwide. Was this a level playing field? I’m not unbiased, but I still think not. How was the field tilted? There has been plenty of evidence in the past few years about how such things have been done in other cases. Is it likely that what looks like a duck, quacks like a duck, swims like a duck, breaks bones like a duck is a duck??????
Ken is not playing dead by any means. Exactly how he intends to go about ordering the evidence that he has been railroaded is still being decided.
Judy
From Joanne again;
Great job and wonderful observations and summary. I only had to correct a few words and typos. You did great and raised some wonderful questions regarding the proceeding.
My question is, how did they spend soooo much time on soooo much testimony regarding what was or was not done in the Sykes probate case when it is clear from the record 95% of those actions occurred when the court had no jurisdiction?
Not having jurisdiction is like the accused who is convicted and spends 3 years in prison when he was never in fact arrested or tried. So everyone talks about the incarceration for 2 days? I don’t get that.
And it’s not like you need witnesses to prove that point. There are 3 declarations on this website from the younger daughter and two elderly sisters of Mary attesting to the fact that they never received 14 days advanced written notice from the petitioner of the date, time and place of hearing, meaning the court actually lost jurisdiction and became a nullity on December 7, 2009. It’s all in writing. The records are published on this website. 3 declarations and a court order from November 18, 2009 setting the hearing date says it all.
The rest is actually history, but I don’t understand how or why the hearing board had to go any further after that.
Working without jurisdiction incurs great liability on all the attys involved in the case and the two judges. The first judge actually sits on the Court of Appeals for the 2nd district and she could not figure out a simple case of jurisdiction? She ran the Sykes probate court from December 7, 2009 until December 23, 2010 without jurisdiction, issuing about an order per month–and all of those orders weren’t worth the Charmin they were printed on!
I guess I don’t understand the ARDC hearing process at all. They accuse Ken of misconduct while at the same time, there was an elephant pooing in their courtroom and they claim not to see the elephant or the mounds of elephant poo.
No one has explained the elephant and the elephant poop to me yet.
JoAnne
Status of Cases–Sykes, Wyman
1. In Re Mary Sykes: Next court date October 3, 2012. MTD Denied August 16, 2012 and Notice of Appeal must be filed in 35 days, then a docketing statement 14 days after that. Recommended additional actions: Because jurisdiction is in issue, family should file a Motion to stay the sale of Mary’s house and partition of other daughter’s home.
2. In re Wyman. Motion to Dismiss for lack of Jurisdiction filed. In briefing schedule. Sharon Rudy’s assistant asked for extension of time on Friday to file Responsive Brief and that was agreed to as long as she emails me copy of brief on Monday and grants me the same courtesy when necessary. Hearing to be held on Sept 28, 2012 at 11 am. All are invited. Judge Fabiano’s courtroom 217 in Rockford, 400 State Street courhouse. All pending asset sales are on hold until jurisdiction can be determined.
From Ken Ditkowsky–Happy Rosh Hashanna and a return to ethics for a new year!
Breaking news–KDD found guilty of “misconduct” but exactly what miscondut?
Dear Readers;
Apparently today KDD received a letter from the ARDC saying they found him guilty of “misconduct”. No reasoning. No findings of fact, no conclusions of law, no reasoning. Just a blanket statement.
So what was the misconduct, exactly? Was it because Larry Hyman made CF cry? Was it because the cats in the peanut gallery commented on the fact LB’s high heels were too big and she flashed boobage during the proceeding clearly aimed at her second chair and the hearing panel chair to distract them? Was it because the peanut gallery, consisting of the 6 to 8 major probate blogs shows up and laughed at LB during appropriate moments because she is clearly technologically challenged?
Many inquiring minds want to know. Hey, I want to know.
But outpouring of sympathy and support for KDD is resplendent among the bloggers and peanut gallery and anyone else who read and reads his words of wisdom.
I advised him long ago to go to Federal Court because the ARDC was clearly “in” on all of this too and friends and cronies of the miscreants. But did he listen? Heck no.
So Ken, don’t dispair. Get your butt over to federal court where the judges didn’t sleep during Con Law 101 and don’t have cronies on the 18th floor. That’s where you belong and that’s where your intellect and abilities will shine. Mucking around with the alligators in the swamp is not where you belong. You are better served up on the hill with wise, intellectual human beings for a change.
take care
joanne
From: Martin
To: “NASGAmembers@yahoogroups.com” <NASGAmembers@yahoogroups.com>
Cc: kenneth ditkowsky
Sent: Friday, September 14, 2012 5:32 PM
Subject: Re: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
To: NASGAIllinois@yahoogroups.com; NASGAmembers@yahoogroups.com
Sent: Friday, September 14, 2012 5:56 PM
Subject: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
From: kenneth ditkowsky <kenditkowsky@yahoo.com>
Date: Fri, Sep 14, 2012 at 1:41 PM
Subject: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
To: NASGA <nasga.org@gmail.com>, probate sharks <verenusl@gmail.com>, JoAnne M Denison <JoAnne@denisonlaw.com>, Tim Lahrman Bev Cooper
http://www.ditkowskylawoffice.com/
Dear Ken;
Just a minor correction, but seniors are being deprived of life, liberty, property, human rights and civil rights. We all know that nursing homes are dangerous places and seniors live about 40% or more fewer years there than in their own homes, so when probate courts declare seniors ALWAYS demented, ALWAYS in need of 24/7 specialized care in a lock down facility (to be sure they don’t escape home before the home is sold), then medicare liens the home, sells it and that pays the US govt AND the probate attys–everyone gets a piece of grandma’s and grandpa’s pie, except the families, we KNOW they’re not happy and they will lose the will to live. It is clearly a deprivation of life, liberty and property and the shameful, dirty little secret of the US, and probate attys in general.
Ken Ditkowsky does a Cable Access Show on Sykes
Dear Readers;
In case you did not know, last night Ken Ditkowsky and Bev Cooper engaged in a wonderful discussion of the evil and corruption which has crept into the 18th floor of Probate, and specifically this show featured the ARDC proceedings.
I was at the taping, and I have been promised disks of relevant shows which I will post on Vimeo and Facebook for your viewing enjoyment. The cable show airs on the North Shore in various suburbs on Comcast including approx. Highland Park, Winnetka, Lake Forest, etc. Bev tells me it will air repeatedly over the next few days, which is great and will give the issues a whole lot more exposure.
Please read on for KDD’s wonderful assessment of portions of his trial (which I happen to agree with).
I also want to thank Bev and Ken Cooper very much for all their hard work on these shows, protecting Probate Court victims and eliminating corruption from the courts.
JoAnne
Ken Ditkowsky responds to the Wyman book “Against Her Will”
Drugs commonly used in Nursing Homes are off label use and Dangerous to Seniors!
Dear Readers;
As you are aware the seniors that are in nursing homes and don’t want to be there are often drugged so they don’t escape and don’t vociferously complained.
Nursing homes are one of the largest users of off-label psychotropic drugs which are dangerous and contraindicated for the elderly and those with heart disease, kidney disease, diabetes, dementia, etc.–because it makes all those conditions worse.
Lisa Madigan has just won an important victory and that is Mega Pharma has to stop lying about these drugs and warn doctors to not prescribe them to the elderly and those with heart disease, dementia, kidney disease, etc. because they are in fact, very dangerous.
And just to let you another dirty secret of mega Pharma. They don’t work. That’s right, you might obtain some temporary relief after a few weeks, but studies show if you were schizophrenic (delusional with hallucinations) before taking such drugs, after 5 years, approx. 20% of patients are, and the brain damage is not reversible.
For a good book on the high pressure marketing of drug companies, read the book or see the movie “Love and Other Drugs”, rated R. The movie, not the book.
Drug companies use patented drugs when other natural remedies are much more effective and cost pennies, because you can’t patent a natural remedy. Then the drug companies bribe and inundate docs with all sorts of slick marketing. Since most docs don’t do any real research or read clinical studies since med school, it’s easy to push them toward expensive, ineffective, harsh chemical drugs that in the end do very little.
My thanks to Lisa Madigan for uncovering this corruption in the drug industry. But these drugs should be banned at nursing homes. They just shouldn’t be there at all.
JoAnne
August 30, 2012
MADIGAN, 36 ATTORNEYS GENERAL REACH LANDMARK SETTLEMENT WITH JANSSEN PHARMACEUTICALS OVER UNLAWFUL MARKETING OF RISPERDAL
Chicago — Attorney General Lisa Madigan joined 36 other attorneys general to announce the largest multistate consumer protection settlement ever with a pharmaceutical company, Janssen Pharmaceuticals Inc., over its unlawful marketing of the antipsychotic drug Risperdal.
The record $181 million settlement with Janssen, a subsidiary of Johnson & Johnson, alleges the company improperly marketed Risperdal, Risperdal Consta, Risperdal M-Tab and Invega, all antipsychotic drugs. Illinois will receive $8.3 million under the agreement.
In a complaint filed today, Madigan and the other attorneys general allege Janssen engaged in unfair and deceptive practices when it marketed Risperdal “off-label” for certain treatments and conditions that the U.S. Food and Drug Administration has not approved.
The complaint alleges Janssen promoted Risperdal for off-label uses to both geriatric and pediatric populations, targeting patients with Alzheimer’s disease, dementia, depression and anxiety, though those uses were not FDA-approved and for which Janssen had not established that Risperdal was safe and effective.
“Janssen falsely marketed this drug to extremely vulnerable patients in spite of any recognized medical evidence that the drug would be safe or effective for individuals with these conditions,” Madigan said.
Following an extensive, four-year investigation, Janssen agreed to change not only how it promotes and markets its antipsychotics but also agreed to refrain from any false, misleading or deceptive promotion of the drugs. In addition to the record-setting payment to the states, the settlement addresses specific concerns identified in the investigation, including restricting Janssen from promoting its antipsychotic drugs for off-label uses.
Additionally, over a five-year period, Janssen must:
- Clearly and conspicuously disclose, in promotional materials for antipsychotic drugs, the specific risks identified in the black-box warning on its product labels;
- Present information about effectiveness and risk in a balanced manner in its promotional materials;
- Not promote its antipsychotic drugs using selected symptoms of the FDA-approved diagnoses unless certain disclosures are made regarding the approved diagnoses;
- Require its scientifically trained personnel, rather that its sales and marketing personnel, to develop the medical content of scientific communications to address requests for information from health care providers regarding Janssen’s antipsychotics;
- Refrain from providing samples of its antipsychotics to health care providers whose clinical practices are inconsistent with the FDA-approved labeling of those antipsychotics;
- Not use grants to promote its antipsychotics nor condition medical education funding on Janssen’s approval of speakers or program content;
- Contractually require medical education providers to disclose Janssen’s financial support of their programs and any financial relationship with faculty and speakers; and
- Implement policies to ensure that financial incentives are not given to marketing and sales personnel that encourage or reward off-label marketing.
Joining Madigan in today’s settlement were attorneys general from: Alabama, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, Wisconsin and Wyoming.
ARDC Prosecution for the 3RD type of Currency in the Nursing Home Biz? The trading of beds!
Dear Readers:
See below. Ken is very concerned he is being prosecuted and singled out because he has made sooooo many public statements about the third currency in the nursing home biz. In case you didn’t know, the nursing homes are filled with grandmas and grandpas just begging to go home. Conversely, in other countries this almost NEVER happens, unless the senior is truly homeless AND has no family.
How did we get to this?
The nursing homes say it is “pure coincidence.” Excuse me for not being naive, but I go to nursing homes, I know people that are in there via my church, my friend’s elders, etc. and I can tell you right now, about 80% are begging to go home. They want to go home. They want to be with family. What I don’t get is these people are not the untouchables. Why is there no one to help them accomplish this?
From what Ken says, you can buy an investment in a nursing home group of beds, and you will be given profitability from that. Now you and I know it’s a scam, but apparently those in the biz get their investors from the houses of worship who are older and have dough and are not likely to stick around 10 years to see the sale in a biz that is undocumented. So, like a good Ponzi scheme, for the first two years, the investment pays off at 20% per year, then it tapers down to 10% per year, and the owners of the scam keep the last 25% saying the home has changed, there are no profits, but when the building land and property is sold, you will get your return and then some. Of course, that never happens.
Ponzi is alive and well and he must have established the 3rd oldest business–investment scams to give the 2nd oldest business plenty of work!
In any case, all of this is a taxable event.
Getting back to our seniors, what happens when grandma and grandpa protest this scheme AND THEY MAKE SENSE? Come up with a BS, mini mental scheme to put them away and put them on strong psychotropic drugs such as Risperdol, Halodol, Seroquel, Libirum, etc. Those drugs should be banned from sale to nursing homes! Gimme a break.
Back to Ken’s position.
JoAnne
From: kenneth ditkowsky
Sent: Sep 10, 2012 8:49 PM
To: Mary Waddell
Cc: “Edward C. Carter” , matt senator kirk
Subject: Re: Thank you again
That you for your support. I am going to win this ARDC thing. I am going to win because I am right and we still live in the United States of America.
My investigation of the Sykes and related matters has not terminated. This morning I was visited by a lawyer who has represented the nursing home crowd and has close ties with them. Apparently in addition to the Rothner/Kaplan grand jury investigation, there is a new Morris Esformes grand jury investigation. Esformes and his son were called before a Federal Grand Jury in relation to some prescription drug overcharges to Medicaid and Medicare. I copied Mr. Carter of the AG’s office so that he can give the information to the IDR investigators who are doing a parallel investigation on behalf of the State.
Once again I got confirmation of the three currency levels that are used by the Cabal to evade taxes. I’ve given this information to law enforcement previously and they seem uninterested. What is interesting was the ARDC attorneys questioned me concerning my e-mail in which I furnished the AG’s office of the non-cash currency – i.e. the nursing home bed barter, and the opportunity barter. Both are very difficult to prove for law enforcement, but have resulted in millions of dollars transferred sans taxes. As at this point in time I am paranoid I wonder if the ARDC attorneys had a motive that was unexpressed in their effort to ‘shut me off!’ I do not know one way or another, but as I do not believe in coincidences it seems to me that with certain health care provider investigations now disclosed to before a Federal Grand Jury and me spouting off about extra legal currencies – ****. The fact that I was questioned concerning an e-mail that disclosed this situation sets up a red flag. The fact that I was asked if I felt the need to repent for doing what any human being and citizen is expected to do sets up a second red flag. I make no accusation! I am just exercising my First Amendment Right to discuss this unusual situation with a ‘friend!’ Some people in authority might not approve, but the US Supreme Court in Alvarez made it clear that the US. Supreme Court approves.
Ms. Waddell, it now appears that the nursing home cabal has been now reported to trade in the opportunity to gain pecuniary advantages. I was alerted to this situation in the Sykes case when a cabal owned entity was recommended by the guardian ad litem to supervise visitations by Gloria and Aunt Yo. Why did Mr. Stern (as an example) want supervised visits. I saw one of the bills that Gloria Sykes received – she was charged for the supervision of Mary’s dog!. After my niece was fired from a Speech therapy job, I asked a couple of questions and received an admission that indeed, my niece was terminated as the result of ‘her publication’ of the 3rd currency. (She did not know anything about the 3rd currency, but she got credit – as she had already lost the job and I did not want her working for these people I did not correct the impression – until now!)
We have our hands on a major miscreant situation. I have suggested that people write their elected representatives and law enforcement. Maybe we will find an elected representative who really cares about the elderly and who has learned the lesson that Democracy is not a spectator sport. I would like to know if my being questioned on the nursing home currency was coincidence or something more sinister. The nursing home industry is a billion dollar industry and with government involved the health care industry in spades, doubled and tripled well connected nursing home owners stand to make a fortune at taxpayer expense. It is obvious that the individual political operative does not care – Carolyn Toerpe did not inventory a million dollars in collectibles. Not only is the United States and the State of Illinois not seeking to collect the taxes but the ARDC is working to shut me up.
Thank you again for your support.
Ken Ditkowsky
http://www.ditkowskylawoffice.com/
A Great Big Thank You from Ken to all his Supporters
From Joanne:
And if you get a chance, please check out John Wyman’s book on Amazon — “Against her will” — it details his mother’s struggles, his struggles and the family desperation lumbering under yet another Illinois Probate Court clearly acting without jurisdiction since July, 2009!
There is no doubt the effect on the family is one of demonizing and terrorizing them. We have stopped the sale of further assets, but eagerly await the court’s determination of jurisdiction. Let’s see if Judge Fabiano will do the right thing. I have also asked OPG Sharon Rudy to do the right thing and rather than file a Response to my Motion to Dismiss/NonSuit for lack of jurisdiction, she SHOULD JOIN WITH ME AND DO THE HONEST THING AND DISMISS THAT LAWSUIT!