if you want a ride, please call me. I have my own court reporter, so no more Judge Stuart lies that some how fall off the transcript.
call me if you need a ride.
joanne
from youtube, a familiar story
after appointed a guardian in florida, two brothers cannot see their mother unless they pay $100 to a tied in supervisor who claims the son’s conduct is “brazen and harmful” when it appears that one son is being punished for repeatedly going before the Florida senate to ask for changes to the law; to ask that the state license, regulate and control “professional” guardians to ensure that they are properlly trained.
Sounds like a good idea for Illinois too.
In honor of April 1st or All Fools Day
From: kenneth ditkowsky
Sent: Apr 7, 2015 5:21 AM
To: “information@iardc.org” , Illinois ARDC , The Disability Discussion Docket – Official E-mail List of the Commission On Disability Right <3d@mail.americanbar.org>
Cc: Probate Sharks , Tim NASGA , “JoAnne M. Denison” , Nasga Us , “J. Ditkowsky” , Matt Senator Kirk , Eric Holder , “FBI- ( (” , Chicago FBI , BILL DITKOWSKY , “ComplaintAdmin ADA (CRT)” , Chicago Tribune , SUNTIMES , Janet Phelan , Ginny Johnson , Bev Cooper , FOX News Network LLC , Diane Nash , Cook County States Attorney , Scott Evans , “Y. ACLU” , Fiduciary Watch , ISBA Main Discussion Group , Edward Carter , Glenda Martinez , Barbara Stone , Cook Sheriff , “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” , “tips@cbschicago.com” , RosANNa Miller , Rabbi Moshe Soloveitchik , Eric Blair , Alyece Russell , Candice Schwager , “Jim (” , Nancy Vallone , Martin Kozak , Elaine Renoire , Tom Fields , Len Holland , Jay Goldman , Robert Sarhan , Kathie Bakken , Martha Jantho , “ABAJournal.com”
Subject: My public Apology to Jerome Larkin, Administrator of the Illinois Attorney Registration and Disciplinary Commission
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A Modest Proposal
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| For Preventing The Children of Poor People in Ireland From Being Aburden to Their Parents or Country, and For Making Them Beneficial to The Public |
| By Jonathan Swift (1729) |
| About this text. |
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It is a melancholy object to those who walk through this great town or travel in the country, when they see the streets, the roads, and cabin doors, crowded with beggars of the female sex, followed by three, four, or six children, all in rags and importuning every passenger for an alms. These mothers, instead of being able to work for their honest livelihood, are forced to employ all their time in strolling to beg sustenance for their helpless infants: who as they grow up either turn thieves for want of work, or leave their dear native country to fight for the Pretender in Spain, or sell themselves to the Barbadoes.
I think it is agreed by all parties that this prodigious number of children in the arms, or on the backs, or at the heels of their mothers, and frequently of their fathers, is in the present deplorable state of the kingdom a very great additional grievance; and, therefore, whoever could find out a fair, cheap, and easy method of making these children sound, useful members of the commonwealth, would deserve so well of the public as to have his statue set up for a preserver of the nation.
But my intention is very far from being confined to provide only for the children of professed beggars; it is of a much greater extent, and shall take in the whole number of infants at a certain age who are born of parents in effect as little able to support them as those who demand our charity in the streets.
 ”I have been assured by a very knowing American of my acquaintance in London, that a young healthy child well nursed is at a year old a most delicious, nourishing, and wholesome food, whether stewed, roasted, baked, or boiled …”
As to my own part, having turned my thoughts for many years upon this important subject, and maturely weighed the several schemes of other projectors, I have always found them grossly mistaken in the computation. It is true, a child just dropped from its dam may be supported by her milk for a solar year, with little other nourishment; at most not above the value of 2s., which the mother may certainly get, or the value in scraps, by her lawful occupation of begging; and it is exactly at one year old that I propose to provide for them in such a manner as instead of being a charge upon their parents or the parish, or wanting food and raiment for the rest of their lives, they shall on the contrary contribute to the feeding, and partly to the clothing, of many thousands.
There is likewise another great advantage in my scheme, that it will prevent those voluntary abortions, and that horrid practice of women murdering their bastard children, alas! too frequent among us! sacrificing the poor innocent babes I doubt more to avoid the expense than the shame, which would move tears and pity in the most savage and inhuman breast.
The number of souls in this kingdom being usually reckoned one million and a half, of these I calculate there may be about two hundred thousand couple whose wives are breeders; from which number I subtract thirty thousand couples who are able to maintain their own children, although I apprehend there cannot be so many, under the present distresses of the kingdom; but this being granted, there will remain an hundred and seventy thousand breeders. I again subtract fifty thousand for those women who miscarry, or whose children die by accident or disease within the year. There only remains one hundred and twenty thousand children of poor parents annually born. The question therefore is, how this number shall be reared and provided for, which, as I have already said, under the present situation of affairs, is utterly impossible by all the methods hitherto proposed. For we can neither employ them in handicraft or agriculture; we neither build houses (I mean in the country) nor cultivate land: they can very seldom pick up a livelihood by stealing, till they arrive at six years old, except where they are of towardly parts, although I confess they learn the rudiments much earlier, during which time, they can however be properly looked upon only as probationers, as I have been informed by a principal gentleman in the county of Cavan, who protested to me that he never knew above one or two instances under the age of six, even in a part of the kingdom so renowned for the quickest proficiency in that art.
I am assured by our merchants, that a boy or a girl before twelve years old is no salable commodity; and even when they come to this age they will not yield above three pounds, or three pounds and half-a-crown at most on the exchange; which cannot turn to account either to the parents or kingdom, the charge of nutriment and rags having been at least four times that value.
I shall now therefore humbly propose my own thoughts, which I hope will not be liable to the least objection.
I have been assured by a very knowing American of my acquaintance in London, that a young healthy child well nursed is at a year old a most delicious, nourishing, and wholesome food, whether stewed, roasted, baked, or boiled; and I make no doubt that it will equally serve in a fricassee or a ragout.
I do therefore humbly offer it to public consideration that of the hundred and twenty thousand children already computed, twenty thousand may be reserved for breed, whereof only one-fourth part to be males; which is more than we allow to sheep, black cattle or swine; and my reason is, that these children are seldom the fruits of marriage, a circumstance not much regarded by our savages, therefore one male will be sufficient to serve four females. That the remaining hundred thousand may, at a year old, be offered in the sale to the persons of quality and fortune through the kingdom; always advising the mother to let them suck plentifully in the last month, so as to render them plump and fat for a good table. A child will make two dishes at an entertainment for friends; and when the family dines alone, the fore or hind quarter will make a reasonable dish, and seasoned with a little pepper or salt will be very good boiled on the fourth day, especially in winter.
I have reckoned upon a medium that a child just born will weigh 12 pounds, and in a solar year, if tolerably nursed, increaseth to 28 pounds.
I grant this food will be somewhat dear, and therefore very proper for landlords, who, as they have already devoured most of the parents, seem to have the best title to the children.
Infant’s flesh will be in season throughout the year, but more plentiful in March, and a little before and after; for we are told by a grave author, an eminent French physician, that fish being a prolific diet, there are more children born in Roman Catholic countries about nine months after Lent than at any other season; therefore, reckoning a year after Lent, the markets will be more glutted than usual, because the number of popish infants is at least three to one in this kingdom: and therefore it will have one other collateral advantage, by lessening the number of papists among us……
you can find the rest on the internet, I am sure, it is long out of copyrights, so I am certain the ARDC is not interested in reproducing this at any trial, anytime soon.
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From the video: mom has hypothyroidism. Doctor prescribes synthroid which is a drug with a ton of negative, highly reported side effects. Mom immediately loses ability to walk, talk and becomes incontinent.
The court case is a mess, the Oklahoma doctors are more insane than her mom, and daughter, in a heartfelt, emotional, lay out the facts style tells it all.
Highly recommended as quick training in guardianship.
A long list of psychotropic drugs, many have fluoride in them. So the docs drug the elders, which is contraindicated, fluoride does cause disease of the mind. This woman was able to get mom’s list of drugs for an entire year! As the psychotropic meds went up, the level of dementia went up. I just found the end of her story, and unfortunately it does not end well after years of psychotropic drugging.
Please pray for Athea.
JoAnne
And while the ARDC is at it trying to suspend me for saying the same things this attorney is saying, and now that Kenneth Ditkowsky has been suspended for saying the exact same things, Atty Candice Schwager also lives the horror and terror on these families. She has graciously given me permission to repost this, tho she warns that in Texas “professional” guardians can only serve non-family and friends.
Thank you Atty Schwager for your thoughtful posts and information on your own blog (google Candice Schwager Blog-elderlawadvocates.org) to see even more stories of seniors targeted for their wealth and then they and their families live the horrors of guardianships gone wrong, attorneys and judges acting badly.
Schwager Law Firm
Rise of the Guardians? Hello McFly! Posted: 05 Apr 2015 10:06 PM PDT
Wake up America and go get certified to be a guardian and save your elderly family members and neighbors being chewed up and spit out, taken hostage and murdered through Court appointed guardianship where the mob is in control and the lawyers are the hitmen. I’m not joking. It sounds like a very scary John Grisham Book but it’s actually a children’s superhero movie in the making and each one of you are the heroes! You are the solution! God told the church to take care of the elderly, widows, poor, disabled, the children. We have handed them over to be slaves and if you think you will escape by looking the other way, God will not be mocked! What you sow, you shall reap.
You have a responsibility and let no one think they can look the other way and pretend what is going on is not! It is a veritable Holocaust. I am on the front lines and I see it everyday. I am disallusioned and wonder if I am still in America sometimes! I am in probate court! Human trafficking! Murder for hire. It’s the most despicable sewer you can ever imagine and your “cause no.” is coming. If you sit and do nothing, you will regret it like nothing you have ever regretted in your life.
Your wealth will be taken from you and you will not enjoy it. Your children will be sold into slavery and you will become a hostage too. Wards of the state, property of Harris County and no one will hear your cry because you are no longer an American. You are an investment because the government is broke. Get up and volunteer. Your competency hearing is next and you will not get a jury trial or due process because the Constitution does not apply in probate court. I am not joking. Alzheimer’s disease is on the rise. It’s much higher than reality. What does that tell you? The panels are firmly in place in Florida–DEATH PANELS instead of juries. The dr panels decide what illness you have.
If people come to rescue you and won’t stop, you will be executed by Seroquel, Haldol Valium and Morphine or starved to death like Willie Jo and Ruby. Choose this day whom you will serve. You cannot serve God and mammon. Read all about in the Bible. What is coming on America is HELL ON EARTH if you don’t get up and help and care!
Money Talks, Autism Does Not? I DON’T THINK SO Posted: 05 Apr 2015 09:40 PM PDT
“Money Talks, the Disabled Do Not” I DON’T THINK SO!!
I went to probate court and fought as hard as I could fight, working for free in some cases and reduced fee in others. I desperately cried for help but everyone died or was sold to the highest bidder. It was not a nightmare. It hasn’t ended yet and I fear for those still in guardianship.
These people died in the protection of the guardianship program, designed to protect. They were protected from medical care, an education at the lowest federal standard, neglected in criminal ways, and kept from doctors who could save their lives. They were handed over to private professional guardians who exploited them for money and isolated them from their loved ones as they drugged them to the point of death. ”
Cause No. 415959; In re Andrew Stephen Keith Guardianship; Probate Court 3, Harris County
I am a licensed Texas attorney (1998) and certified attorney ad litem (AAL) by the State of Texas. I have represented the disabled for more than five years, with some of my work under the mentorship of Texas Education Agency Hearing Officer James Holtz. James Holtz is without question on a short list of special education hearing officers. Mr. Holtz served 25 years as a mediator and Judge for the State of Texas, charged with the duty to determine whether children received a free appropriate public education (“FAPE”), the minimum required by federal law, under the Individuals with Disabilities in Education Act (IDEA). The IDEA mandates disabled students be tested every three years unless the parent waives the testing. An IEP educational plan cannot be made without testing.
Andrew’s father waived testing for 9 years after ripping him from his mother, removing him from all medically necessary therapy for autism, and warehousing him in public school, where he languished in neglect as he further retreated into himself, unable to talk. I have never seen such an egregious case of educational and medical neglect and Randall Keith did not even care that the Family Court Judge ordered him to ensure Andrew had medical help for his severe language impairment. Andrew’s father waived all testing and all therapies because he did not want the inconvenience. Andrew was taken from his loving mother for revenge and to avoid paying child support with his multi-million dollar income.
I qualify as an expert under Texas Rule of Civil Procedure 702. Ironically, Judge Rory Olsen does not qualify as an expert by virtue of his lack of familiarity with special education. During the hearing, he asked “What’s an ARD?” The appointed lawyers who were board certified were qualified by the state but not qualified in reality, but were given the authority to decide Andrew’s “best interests.” His Lawyer and Temporary Guardian were so concerned with making money off of Andrew as I worked for free that they violated all of Andrew’s rights and three him to the wolves. Andrew could be in danger. Who will help him now? WE have no right to help him and Andrew has been stripped of his rights.
I could not remove the incompetent disqualified ad litems because the Judge decided his decision would be what they recommended and they recommended that the abusive father be appointed because the father is a millionaire who could pay their bill and his expert mother had insufficient funds.
I am also a pre-med major with three years of training at the University Health Science Center after which I studied to become a psychotherapist at the University of Houston program pre-doctorate before I went to law school. I understand dementia, autism, Alzheimers, and medical / psychological conditions more than most, although my true expertise is special education. I am also an author and member of the press. With the thousand plus hours I have given to low income Texans for free or reduced fee, I have been induced in the Texas State Bar Pro Bono College. Yet, I cannot help Andrew because I cannot beat the machine–the Texas Estates Code and probate bar.
Harris County “sold” Andrew in every sense of that word by imposing an illegal cost bond on Sharon that she could not pay. Simply for making a record of the illegal bond, I was threatened with jail 10+ times and intimidated. The person on the Legislative Committee who wrote the bond was Linda Goehrs, his own temporary guardian. His lawyer submitted her bill to be paid out of the $30,000 illegal bond, which escalated to $90,000 and his guardian, Goehrs testified that Harris County had insufficient funds to pay her bill. Randall Keith did not.
We lost before we ever filed. Guardianship was awarded to a disqualified child abuser and the Judge disqualified the qualified mother, a veriable expert in autism in my professional opinion as an expert–because Harris County has insufficient funds and Randall Keith did not. His lawyers, Fatima Breland, told us up front there be no experts because Sharon had no money. Andrew was the client she was supposed to zealously represent. Harris County had no money, so no interpreter was retained so that Linda and Fatima could understand what Andrew wanted in violation of his rights. The code mandates interpreters, but we had insufficient funds and the Ad litem, Fatima, placed her duty to zealously represent on me. Andrew was denied speech therapy, deemed medically necessary for him since age three–until the time of trial, by court appointed ad litems.
Linda Goehrs wrote the bond provision in the estates code and knew in 2012 it was not effective but she petitioned the Court to pay herself $30,000 to serve as Andrew’s guardian and submitted a further bill for $90,000. Judge Olsen screamed, “you can blame Candice Schwager when you are not paid $100,000″ and I suppose you can. Linda violated the rules for indigent disabled individuals and the Harris County fee guidelines and charged $375 per hour to learn on the job as I desperately fed her autism for 2 years hoping she would understand. I was not allowed to attend the special education meetings we demanded after seeing 7 years of neglect splashed through his educational record. It’s clear to me why now. Andrew was never declared incompetent because Harris County refused to fund experts and his ad litems would not even talk to my expert, a man with 50 years Board Certified Experience in Special Education and Psychology who designs special education schools and charges $700/hour as an expert–but worked for Andrew for free because of Andrew.
I had to work for free because Sharon could not stay in the case if I was paid, but managed to get one speech pathologist to testify speech was medically necessary. The family court ordered that the guardian give Andrew speech therapy, which his guardian refused to allow because, as she testified under oath, “I did not understand autism.” Too bad for Andrew, I suppose. Linda ended up quashing my subpoena to violate Andrew’s right to testify about his wishes. He wanted to be with his mother and made no secret of not wanting to even see his father again.
The Judge was not competent because he asked during the hearing “what is an ARD meeting?” I was left in the position of trying to qualify a board certified lawyer in probate who was incompetent to testify as an expert with an incompetent judge who never read Andrew’s educational and medical file since age 3, and unable to remove them, while also unable to qualify them because they were all incompetent. I was the expert under Rule 702 and my expert opinion is Sharon, his mother, was the expert of all of us. But Sharon was disqualified for money and the abusive thief was disqualified, but qualified for money.
Linda Goehrs did not read the summaries of 864 pages of Andrew’s medical records I provided or a two year stream of emails about child abuse, as I hoped against hope that a light bulb would turn on. She’s had 2 ½ years to do so. So did his lawyer, the attorney ad litem. Linda testified that she did not allow us to take Andrew to speech therapy because his incompetent abusive father said “it was a waste of time” and she “did not understand autism.” Linda committed crimes against Andrew by not providing medically necessary speech therapy, ordered by the family court judge. Apparently, she did not read the 10 years of family court files I sent to her and summarized. I gave her a pile of school and medical records 1 1/2 feet high and summarized them all. Were they read?
The Code says if a person is indigent, the County pays. When I begged that Section 665A be enforced and revealed the Legislative History, I was threatened with jail and then Judge Olsen stated on the record “Wouldn’t it be nice if Harris County had the money?” He denied my plea for a jury trial on the disqualification before he threw out mom and said I would not get a jury “because he was the ultimate arbiter of fact.”
I could not disqualify or qualify the attorney or temporary guardian because the judge never understood they weren’t qualified under the rules of evidence. And at the end of the day, I ended up representing Andrew and my client in a system that cared only about money and we had insufficient funds to beat the system. I lost and Andrew is a hostage because these reckless incompetent people think they are competent and have no idea what they have just done. I do and I am horrified. Now Sharon cannot file any more court actions or she will “never see Andrew again.”
When the case began, I prayed Charles Bearinger would stick with us. He volunteered pro bono when his rate is $700/hour. I offered him to Linda and Fatima and they did not call him on the phone or to trial. I could not call him because he was afraid to testify. Charles is Board Certified in Special Education and Psychology/Counseling with a combined total of more than 50 years of experience. The case was tragic and I fear for Andrew’s life because Randall once told his older son, who got away, “no one will hear you cry for help now.” Imagine Andrew’s nightmare.
Cause No. 380624; In the Guardianship of Willie Jo Mills, deceased, Harris County Probate Court 4
In December of 2013, I sought a TRO to save the life of Willie Jo Mills—notifying the Judge that death was imminent if the TRO was not granted. Willie Jo Mills died being starved with only spoonfuls of water as she was given morphine Haldol and Valium and died in hospice, when she had only a urinary tract infection. The reason? The guardian was incompetent and the Doctor had a conflict of interest. Dr. Guerini was bought out and almost lost his license for being loose with pills for cash. Dr. Guerini was the doctor who put Willie Jo in guardianship illegally with no due process, as the attorneys appointed to protect her signed a Rule 11 Contract stripping her of her rights and placing her in a lock down facility.
Dr. Guerini was the doctor who the guardian, David Dexel, used to try to place Willie Jo on hospice in 2012 when she only had a urinary tract infection. Guerini was the Doctor was her treating doctor at Emeritus but also had a side job as medical director of hospice. He placed Willie Jo in guardianship illegally with no jury’s finding of incompetency as she cried “why are you doing this to me?”
Willie Jo was dying for a drink. Willie Jo DIED WHILE THE COURT DENIED MY PLEAS TO HELP HER. I filed two TROs and three motions for a jury trial but after being threatened to get out, Sherry learned that speech is not free. Sherry happened to be present at the recusal hearing in Sharon Keith’s case. She was critical of the Judge, but fair. I don’t know if I will ever get over thinking that the affidavit she filed against Judge Rory Olsen to recuse him cost her Willie Jo. Sherry almost felt as if her mother’s death was intentional. Sherry was the expert when it came to her mother. But Sherry was disqualified for making people angry by making too much noise.
Dr. Guerini was called back in 2014 to finish the job and placed Willie Jo on hospice because of “family conflict,” rather than any illness. He said that on tape! Family conflict is the reason families lose their loved ones. Sherry was denied guardianship because of family conflict and her power of attorney was ignored. Willie Jo Mills was never evaluated by a physician who wasn’t biased against her for continued payments from her own money.
Lawyers made hundreds of thousands of her money to neglect and kill her. The Court signed an Order taking her millions into a Court created Section 867 Trust prior to the illegal rule 11 contract which placed her into guardianship against her will by the signatures of lawyers with a duty to oppose the guardianship. They would not honor the estate planning documents naming Sherry because of family conflict, but the person objecting was Sherry’s brother, who lacked standing to object by virtue of his theft of several hundred thousand from his mother’s estate prior to guardianship. Sherry sued him in district court and he was forced to return the money but the Court then seized it against Willie Jo’s rights as she cried for weeks, desperate to stop them.
The Judge knew this and ignored it, allowing the unqualified brother’s power of attorney to control, while blocking the caring daughters from access to information and their mother with threats of trespass if they rocked the boat. Willie Jo was taken to Methodist at which time medical records were shredded which stated what foods, liquids and medications she was given. Willie Jo had to sign herself into the Methodist Hospital as she was left with a note on her stomach from her guardian and Sherry by her side. The prior court coordinator of Probate Court 4 who was so incompetent, I have hardly ever witnessed a more reckless guardian being in charge.
I saw Willie Jo within days of her death and will never forget the feeling that she was blind. She was terrified and her eyes did not track my movements, so I quietly stepped away. I later learned that her official cause of death was multiple organ failure involving untreated diabetes, all of which puzzled everyone because she did not have diabetes. The pain of watching your mother die slowly and painfully is inconceivable but for watching it in Realtime.
Reports of abuse, exploitation and neglect were made to the Department of Aging and Disability, who has jurisdiction over assisted living facilities. It was at this time I learned that out of 78,000 Texas facilities, only 11-actions were pursued by the Attorney General, suggesting that Texas’ elderly were doomed without even knowing it.
Cause No. 415959; In the Guardianship Application of Ruby Peterson; transferred from the District Court of Harris County to Harris County Probate Court No. 1
In July of 2014, I filed an application for emergency TRO and Temporary Injunction to save the life of Ruby Peterson. After 4 days of testimony, establishing that she was being falsely imprisoned and assaulted via illegal chemical restraints (Seroquel, FDA black box warning), the injunction was summarily denied. The emergency that took Ruby’s life was Seroquel, which is NOT to be given to elderly patients with dementia—particularly if they had cardiac complications, which Ruby did. Despite my pleas, the Court ignored Ruby’s screams for help and she died January 2015 after being ill a mere three days. In the life of an elderly individual, three days can be fatal. I can hardly describe the emotional suffering her children have endured.
I was sickened to see lawyers sit around waiting to be paid after not even pretending to comply with their duties as ad litems. Jill Young, guardian ad litem and Russ Jones, attorney ad litem, read books and never even paid attention as the hearings which would decide the fate of a now dead mother–proceeded through 4 days. The expert retained by Sarah Pacheco, Dr. Chris Merkl, testified on the stand that he was retained to create a legal document stating that Ruby was incompetent (when the Code says she is presumed competent and the doctor admitted not knowing the law). Dr. Merkl testified that he “just gets together and DECIDES WITH SARAH PACHECO whether people are incompetent or competent, stating that a few occasions, Sarah had the idea that no guardianship was needed, so he found them competent and SARAH was perfectly happy with that. I have no doubt that was true but was shocked he admitted it under oath.
Our Doctor was extremely qualified and the Judge fought to not allow him to see Ruby, but reluctantly gave me a two hour window to get an expert with a huge practice from San Antonio to Houston and try to make the deadline. We did it and his report was phenomenal, revealing Ruby had cardiac insufficiency and would die if she did not get treatment. The Judge denied subsequent visits to follow up on Merkl’s gross negligence of not treating Ruby’s cardiac insufficiency, which caused her to fall and almost bust her skull at Silverado.
Silverado threatened me and my clients with federal crimes, requiring us to remove my blogs and videos of Ruby screaming for help from the internet–or my clients would not be able to see their mother again. The Sugarland Police threatened my clients with arrest for trespass for trying to rescue their mother, saying my clients could see their mother “when she’s dead.” Ruby’s lawyer threatened the only doctor who could save her life because he was going to ensure her heart was treated. She died surrounded by medical professionals exactly as we said she would.
Ironically, the daughter and son responsible for her death, Carol Ann Manley and David Peterson, knew that their mother fell and that her skull almost cracked at Silverado Senior Living. They also knew that their power of attorney gave them no authority to falsely imprison her, as did the Judge. Yet the Judge refused to “Let Ruby Go” and punished me with $15,000 sanctions for making too much noise. ,Dr. Merkl did a fellowship in Cardiology and testified he and Dr. Lalani were looking to see if the cause of Ruby’s confusion was her heart. Dr. Merkl knew too but was too busy creating legal documents and handing over his medical license to a lawyer, Sarah Pacheco. Why?
Ruby was never getting out. Ruby wanted to disown Sarah’s client, Ruby’s daughter, Carol Ann Manley, from inheritance. Carol Ann devised a scheme to lock her mother up at Silverado Senior Living until she died so that the Will could not be changed. My clients were threatened with arrest for trespass because Ruby was “their property” and we were trespassors in their mind. Ruby was presumed competent until proven uicompetent by a jury trial that never came and she died. Ruby was kidnapped and falsely imprisoned in the protection of the probate court and never determined incompetent. She was presumed competent by the law but the Judge refused to let her out.
Doctor Merkl should return to practicing medicine if the Medical Board does not strip him of all licensing. He is a doctor and never assessed Ruby’s competence because he and Sarah Pacheco “decided” Ruby was incompetent. The problem is that Sarah is board certified and the Doctor knew better, but violated the very code they tried to use to incarcerate her. The reason? Truth is irrelevant. Money is not. Merkl was not a member of the AMA, which is why he said all elderly should be locked up over 65 forever against their will and drugged illegally. Merkl also testified that it’s okay to lie to patients to get them to take dangerous psychotropic drugs that kill because the ends justifies the means.
Ruby was drugged by Seroquel, which is fatal for heart patients and denied a pacemaker which would have saved her life because apparently, that was not the goal. Ruby’s son David Peterson testified that “if you gotta lie, you gotta lie. Bill Clinton did it.” We tried to introduce the fraudulent Will David Peterson, Ruby’s son, admitted to probate, as he bragged to his sisters and brothers that he stole his cousin’s inheritance by having a disabled aunt with dementia change her will at 98 for $300. The Judge refused and we were accused of being on a witch hunt by Sarah Pacheco.
Ruby was kidnapped and assaulted with dangerous psychotropic drugs at Silverado Senior Living by CAROL ANN MANLEY AND DAVID PETERSON, with the help of Sarah Pacheco and Dr. Chris Merkl. RUBY PETERSON’s medical records (entered into evidence by her own lawyer) demonstrate false imprisonment and repeated assaults—crimes. Ruby was found screaming and crying to leave SILVERADO or drugged to the point of being passed out in her wheelchair.
Not once did any of DEFENDANTS’ five+ lawyers and guardian ad litems deem their crimes problematic! Russ Jones mocked Ruby as he entered her records and sealed her fate—and left for golf. Her lawyer never read the medical records he introduced into evidence against his own client, because they had instance after instance of falls for the low blood pressure and blood pressure low, high and everywhere because it was not regulated. Ruby’s lawyer was Board Certified and I was not. But Russ Jones only wanted to get paid. I wanted to help save Ruby’s life. I lost and was mocked throughout the entire proceedings. She died in 6 months and the Judge punished me $15,000 for too much publicity.
RUBY PETERSON DIED OF NEGLECT WHILE SURROUNDED BY MEDICAL CARE PROVIDERS. RUBY’S LAWYER threatened Dr. John Tennison, M.D. with arrest for trespass if he came on the premises again with not one shred of evidence that his refusal was reasonable–simply because he was the Dr. we brought and we were not going to win. The mediator suggested we file kidnapping and criminal false imprisonment charges–seeing the crimes. Why didn’t all of the “experts?”
Dr. Tennison was the only physician to deem RUBY’S cardiac problems important enough to follow up on but when he attempted to visit her, Dr. Tennison was threatened with arrest for trespass. Keeping Dr Tennison away probably killed her.How can experienced probate lawyers be so ignorant? RUBY PETERSON was a person in need of protection while in the protection of Harris County probate courts. RUBY was isolated in a predictably lethal combination of circumstances. Ironic is the fact that the entire system designed to protect RUBY killed her. Absurd results: the lawyer that Ruby told to hire was sanctioned for making too much noise to get her out of Silverado!
In re Lynn Paxton Guardianship, 2010; G-00204, In the Probate Court No. 2 of El Paso, County, Texas
This case is one of the most unbelievable cases I have ever had, but no less tragic. It has gone on for 6 years and is now in the appellate court because the Judge wrongfully dismissed my bill of review to free Lynn Paxton, incapacitated, from her exploiter, Terry Hammond. Terry Hammond is the one who started this nightmare in Texas as he ran through the legislature throwing Adult Protective Services under the Bus to build his empire of human trafficking to get rich while exploiting his own clients. Hammond is the former executive director of the national guardianship association. He has sold this nightmare to 38 States and is quoted by the media as some kind of hero. If they only knew. Terry Hammond is unqualified to serve because he serves himself, not the disabled people he is appointed to represent.
Terry’s scheme involves abusing the El Paso County Indigent Fund by lying about the funds and resources disabled wards have to “make” them appear indigent when they are not. In doing so, the County pays his exorbitant attorneys’ fees which he is now trying to hide by sealing cases of disabled and elderly “hostages” he keeps for profit. He manipulates the judiciary and bragged about getting the Honorable Judge Yvonne Rodriguez to lose an election so he can pick judges who will rule in his favor. Judge Rodriguez is now an honorable justice of the 8th Court of Appeals.
Hammond has sealed Lynn’s case to hide from me, a lawyer trying to help her, because he wants to hide his fee bills in violation of the Texas Public Information Act and Supreme Court Orders mandating fees be disclosed to the Office of Court Administration of Texas. Indigent fees will soon not be funded to counties if attorneys do not report and 40% are not reporting.
Hammond was hired by a woman whom I believe has mental problems in 2008, Miriam Lundy, to file guardianship over her father, George Paxton, deceased. Hammond knew it was not legitimate but filed the guardianship to stop George from moving his very disabled daughter out of a State Supported Living Center to El Paso–to be close to family. In doing so, Hammond sought to violate the Olmsted Act because the elderly and disabled have a right under Title II of the ADA to be integrated in the community with family and friends. After losing the TRO in Abeline to keep Lynne incarcerated for life, the guardianship in El Paso was dismissed by Hammond, proving he was manipulating the process and lying.
Terry Hammond non-suited the guardianship and neither Miriam, Terry, or any of the heirs currently trying to bankrupt my clients, Lorri and David Burnett, complained about the care Lynne, George, or his ailing wife Helene received–until they died and money became the objective. The Judge of Probate Court No. 2 certified that George was competent by renewing George’s guardianship of Lynne in 2011 after court investigator, Raquel Lauretano certified George was competent.
The heirs of Helene and Miriam, who was disowned by her father for stealing $85,000 from him, proven by Adult Protective Services, then sued the loving caretakers, Lorri Burnett and David Burnett and tried to extort them for every penny they have in malice. Whereas before the deaths of Helene and George, Lorri and David were praised for their amazing care of all three as they aged and needed more advanced care, suddenly once George and Helene died, Lorri and David became the targets to steal everything they own. Why? Lorri and David were convenient targets because they were not blood relatives.
Never mind the fact that the heirs treated Lorri like a sister for 45 years and helped design the nursing home environment that has become their home. Never mind the fact that George and Helene paid Lorri only a fraction of what they would have paid in a nursing home and she worked 24/7 taking care of three bed ridden people at one point. Never mind that every lawyer has admitted Lorri’s care was immaculate. The guardian who was pressured to remove Lynne from Lorri–causing 6+ years of suffering to Lorri because Lorri truly loved her angel, Lynne.
They want money and will commit extortion and a litany of federal and state crimes to forcibly take it from Lorri and David, believing they cannot lose. This is despite Lorri having years of training and advanced state certification to care for Lynne before she was ever permitted to leave the institution. Lynne has cerebral palsy and Helene, George’s wife had Alzheimer’s. George was just up in age and though he has never been deemed incapacitated, 19 lawyers have looted his estate as Lorri, David, Coleen Paxton (Lynne’s cousin), and I fight to save Lynne.
The same Judge who determined George was competent to remain Lynne’s guardian in 2011 now is considering taking the home Lorri and David bought in 2007 and bankrupting them–when no one has any evidence they ever did anything wrong. The Burnetts are in a nightmare that we cannot escape because the lawyers are extorting her to give up her home or face $150,000 in sanctions and costs, to stay in a case they cannot get out of because they are Defendants. They also seek a like amount in costs for the guardianship of Lynne Paxton, incapacitated, when Lorri was wrongfully kicked out of the guardianship of Lynne twice and is no longer a party. The true agenda is Terry’s attempt to pull the case out of the appeals court in a court that no longer has jurisdiction.
The title company is defending them, as am I and a board certified appellate Lawyer. An appellate attorney is fighting their efforts to rip the case out of the Court of Appeals with a cost bond after the plenary power of the trial court has expired. I am fighting with him and we are finally gaining some ground after 6 years.
Lynne is being exploited by her own lawyer who really works for Miriam Lundy, but is pretending to represent the best interests of the disabled person, Lynne. Lynne is the virtual prisoner of her exploiters and the family is threatened for trying to see her. The file is now sealed, which violates the Texas Public Information Act and Supreme Court Order mandating transparency in attorneys’ fees. No hearing was held to seal it. It was ex parte, like everything Terry does. Jury trials are denied and people are punished for trying to help their loved ones. The qualified are disqualified and disqualified are qualified.
Lynne is in the HCS program and her guardian, Lisa Lunceford, does not even know what that is. She waived the benefits for Lynne. Now that she sees the financial benefit and ability to exploit more elderly and disabled by the HCS waiver program, she is educating herself. But Lorri was the only person qualified to care for Lynne and Lorri is threatened with restraining orders for even trying to see Lynne or send a Christmas Card. Lorri is being blocked from helping others because they do not like her. People could be helped if the experts knew what they were doing and were not exploiting the people they were entrusted and have a duty to protect.
Judge Max Higgs said ithat Lynne Paxton should never have been removed from Lorri and David’s care. They were the most qualified, but were disqualified by Terry Hammond’s schemes to exploit Lynne. Terry Hammond is disqualified but was qualified by the system that exploits rather than protects. Lynne’s cousin, Coleen Paxton, has said she no longer believes in justice. I’m not sure I do either.
I have many more cases and people calling me from Florida, New York, and Georgia. My phone is ringing off the wall and I cannot help them because I don’t have funding and neither does Harris County. I am left fighting a battle I cannot win. I need your help.
The Senate is considering multiple bills to protect the disabled and elderly because the Texas Estates Code does not protect them. A hearing was held by Senator Joan Huffman Monday of the State Affairs Committee and victims of the guardianship program testified. Senator Huffman has vowed to do an interim study on guardianship. Get involved and help the elderly and disabled in this cause! Your loved one could be the next “cause number” in probate court and your personal nightmare will never end.
From: barbara stone
Sent: Mar 31, 2015 2:12 PM
To: Annette Del Aguila , Luis Pino , robertjordan@miamisao.com
Cc: Candice Schwager , JoAnne M Denison , “Peter Coen,Esq” , Mindy Marques , Adam Walser , Gary.fields@wsj.com, helpmehoward@wsvn.com, clue@wsvn.co, jjburdi@tribune.com, musgrave@pbpost.com, Janine Gibson , Stuart Millar , John.emshwiller@wsj.com, Michael.siconolfi@wsj.com, barbara.hollingsworth@cjonline.com, BNorman@wplg.com, scoop@huffingtonpost.com, chamby@publicintegrity.org, wkroustan@sunsentinel.com, raolmeda@tribune.com, mediarelations@publicintegrity.org, membership.inquiries@publicintegrity.org, contact@icij.org, investigations@icij.org, ediarelations@icij.org, drphil@drphil.com, ashby.jones@wsj.com, Jacob.Gershman@wsj.com, Janet Christensen Obrien , barbara stone
Subject: Helen Stone
View original post 528 more words
From: barbara stone
Sent: Mar 31, 2015 2:12 PM
To: Annette Del Aguila , Luis Pino , robertjordan@miamisao.com
Cc: Candice Schwager , JoAnne M Denison , “Peter Coen,Esq” , Mindy Marques , Adam Walser , Gary.fields@wsj.com, helpmehoward@wsvn.com, clue@wsvn.co, jjburdi@tribune.com, musgrave@pbpost.com, Janine Gibson , Stuart Millar , John.emshwiller@wsj.com, Michael.siconolfi@wsj.com, barbara.hollingsworth@cjonline.com, BNorman@wplg.com, scoop@huffingtonpost.com, chamby@publicintegrity.org, wkroustan@sunsentinel.com, raolmeda@tribune.com, mediarelations@publicintegrity.org, membership.inquiries@publicintegrity.org, contact@icij.org, investigations@icij.org, ediarelations@icij.org, drphil@drphil.com, ashby.jones@wsj.com, Jacob.Gershman@wsj.com, Janet Christensen Obrien , barbara stone
Subject: Helen Stone
While the Tribunal argues that I am lying, here are 60 points they got wrong:
EXHIBIT B – 60 FACTS THE ARDC GOT WRONG (NOTE THIS IS THE SECOND TIME THEY DO THIS–SEE THE 60 POINTS FROM KEN DITKOWSKY’S CASE)
Item Page Got it wrong…
1. 5 ¶ 2. Administrator fails to mention that CT filed a petition when she was accused by Mary of swiping $4,000 out of one of her bank accounts. ARDC fails to mention the handwritten letter from Mary telling her that she wants Carolyn to stop it with her “old tricks”. Where is that information?
2. 5 Fails to mention that CT alleged Mary suffered from dementia and memory loss. Offer of Proof (see ROA) from Scott Evans testifies that Mary was playing canasta in a local card group at the time and beating the pants off everyone (fall of 2009). It also fails to mention she was declared incompetent by Dr. Shaw who never actually met with her, in derogation of the Illinois Probate Act requiring examination by a licensed MD.
3. 6 Whatever was filed, Mary’s home with a lot of approx. 75 by 200′ in depth in a desirable neighbohood, Norwood Park was likely worth $1 million. It was appraised at $700k in Jan. 2012 and sold in Feb. For $213k.
4. 6 ¶ 1. Fails to mention that Gloria Sykes held last POA and the GAL’s blocked that POA and so did Judge Connor. Judge Connor constantly told Gloria that the POA was not important until the day Mary was guardianized and then she told Gloria it was “too late” to bring it up–a typical game on the 18th floor. One day it’s too early and the next it’s too late. See, c.f. Sophie Reichert case. Same ploy by court
5. 6 IPA makes it clear that Mary’s wishes have to be followed unless and until it is shown that they are unreasonable. None of this happened. Illinois is a sliding scale guardianship case. Mr. Splitt ignores that law.
6. 6 ¶ 2. Stern and Farenga did not split fees. Mary’s home was sold, about $80k was netted and Farenga, Stern and Schmeidel took that money.
7. 6 ¶ 4, Gloria filed a counter petition in case a guardian was appointed. There has to be a reason stated and it does not say she agreed with the court’s assessment, only that there were allegations of dementia and memory loss. In addition while it says “Gloria was represented” her counsel quickly withdrew because “he did not want to get involved in this case, they would sell Mary’s home and possessions and use it for attorneys fees and she would be left with CT, whom she did not want to live with. Atty Dolgin was right. He was never subpoenaed by the ARDC, but was on the witness list. This is evidence of a cover up in the Sykes case. The witnesses are not fair and balanced. They are carefully culled and selected. Mary was actually doing fine with Gloria as her POA.
8. 7 Top of page. The $1 million in valuable coins is not listed because Gloria did not know of the value of the coins. Ken Ditkowsky was Mary and Charles’ Sykes estate attorney and the value of the coins is/was part of his business records–records the ARDC conveniently never subpoenaed and never deposed Ken D. about.
9. 7 Dr. Mar Amdur, like Shaw, is part of the “cottage industry” in probate. He did not examine Mary either but declared her incompetent. See her video (which the ARDC tribunal refused to watch) on Vimeo by searching Mary Sykes.
10. 7 The disqualification was bogus. It was taken up on appeal and the same Justice that denied all of Gloria’s appeals denied this one. How random is that? Respondent was never called to be a witness. Had she been called she would have pointed to the vimeo evidence she already posted. Mary was competent enough to choose Gloria as her POA and she had that right.
11. ` 8 top of page. Gloria was clearly the last POA for health care and should have been chosen. To invalidate a POA you have to have notice and a hearing. None of that was done. CT was appointed in derogation to the Illinois POA act. The ARDC never investigated the lack of hearing, due process or violations of Mary’s and Gloria’s human and civil rights. They did what they wanted. Mr. Splitt’s statement ignores the Ill. POA Act and does not mention it.
12. 8. Discussion regarding Peter Schmeidel and his “talents.” The ARDC is invited to investigate the case of LGV, which he was involved with, where the person met with Dr. Shaw on a Friday and was guardianized on Monday with out notice, summons or complaint properly served. Her home was sold and estate drained. She lived on the streets for 2 years and begged the OPG for money and food, but they told her she had to go live in a locked down nursing home where she would be drugged and most likely killed. She files complaints with the ARDC and they dismiss them out of hand and never investigate. Today the estate of a bungalow ($250k) and bank account ($150k) is drained and she lives in poverty. Good going there, Mr. Schmeidel. Most of her money went to attorneys fees and fees of people and businesses she did not want in her life. To date, she is furious. Mr. Splitt does not mention this complaint.
13. 8 Bottom of page. This is a common ploy in probate with the attorneys. If the ward does not have enough money for lavish attorneys fees, make up a false claim and get it from another relative (Steven Schwartz case and Miriam Solo, Michael Hubbard and Janie Thomas–cases the ARDC does NOT investigate). The entire paragraph is a lie. A furor was created in Judge Stuart’s testimony when asked by Respondent “is it true you chained Gloria in your ante room and had her pets threatened with euthanization”. Stuart: “No, I would never do that.” Courtroom goes into a panic. A few more benign questions, then “how many times have you chained a family member in your ante room.” Stuart: “You know, that was the first ti—, let me change that, I never chained anyone in my ante room.” Yeah right. She knows it, you know it, and even PS and AS bragged later to Judge Hollis what you did in chaining Gloria on a ND Ill transcript. Does the ARDC investigate? Never and of course. 6 weeks later, Tim Evans would call Judge Stuart in his office and then she would announce she was “suddenly retiring” in 2 days. Does Mr. Splitt address this or investigate it, certainly not. Chaining any civil litigant is a flagrant Abuse of Power. Judge Stuart had other means.
14. 8 top of page. Gloria was allowed to ask limited questions and it was clear at hearing the elderly sisters had not been notified that Mary was to be guardianized.
15. 8 POA of Mary says she wanted to live in her home until she died. Mr. Splitt forgets this. Mr. Splitt does not even mention the video on Vimeo of Mary clearly indicating her wishes. Respondent will be glad to play that during the hearing it is only 10 minutes long. Judge Garber said it clearly indicated Mary’s competence.
16. 8 The determination by Judge Stuart that any money belonged to Mary was plain wrong and she knew it at the time. Gloria owned 6016, it was her home that suffered ice damming one winter and by fall it suffered a massive black mold outbreak due to shoddy repairs. Only Gloria paid for the insurance, only Gloria’s name was on the insurance Mary’s name was added to the home title for testamentary purposes only. Mary’s name was added immediately prior to settlement for res judciata purposes only. Mary had her own attorneys in the Lumberman’s case and with Center of Concern in Park Ridge. Mr. Splitt skips over all of those facts–facts published on the blog. Only Gloria suffered breast cancer due to the black mold the insurance company grew in her home. Any claims by Mary are specious. Mary had her own home at 6014. She had insurance and her personal possessions there. To date, 6016 lies in ruins. The insurance money was to repair the home. Chase sold the mortgage to Fannie Mae and put the property in foreclosure but Gloria has stayed the case because Fannie Mae is in receivership with home mortgages and only the receiver can approve a foreclosure, which it has not. Mr. Splitt again neglects these points and does not discuss them.
17. 9 Notice of hearing to guardianize. There is no certificate of service in the file to either of Mary Sykes, or her two elderly sisters Josephine DePietro or Yolanda Bakken. Neither filed an appearance. Neither was represented by counsel. Again, Mr. Splitt skips the important facts. Soldini requires actual notice, not wishful notice. There is no evidence either sister was actually served with anything in that file, and in fact neither was in fact service with the requisite 14 day advance notice to take jurisdiction of the case. Gloria has filed some appeals on that–all turned down by Justice Bernstein who apparently does not get cases on a random basis.
18. 10 Peter Schmeidel denies “churning fees” (his name is not mentioned in the blog statement, is Mr. Splitt telling the Review Board and Respondent something they do not know, that Mr. Schmeidel is in fact behind a quest for all attorneys to churn fees in the case? Mr. Schmeidel testifies that he has $200k in fees, but puts in a petition for $100k in the court records. What is the discrepancy? Mr. Splitt does not answer that question.
19. 10 The $100k amount is wrong. The amount taken from Gloria to pay Mary’s attorneys fees is $200k. Further, Mary lives at her daughter’s. She had complete health insurance, being a CPD widow, and she had SSI and the CPD pension of her husband, approx. $2500 per month. Mr. Splitt does not mention this or acknowledge it. What is CT doing with that money every month? And why do duplicate credits show up on CT’s accounting under insurance? Is that insurance fraud? Medicare fraud? Why does not the ARDC investigate when Gloria reports it?
20. 10 ¶ 2. Cynthia Farenga. Why does CF insist Mary needs funds when in fact she lives with CT and has her own income of $2500. Why did not the ARDC subpoena the bank for the safe deposit records containing the approx. $1 million in gold coins. CF never put in or showed a fee petition. She took the funds out of the trust selling the home, but the court already warned (this disappeared from a transcript one day), not to commingle the trust with the estate or the trust would come into the estate for accounting purposes. Nonetheless, the monthly mortgage on the house in the trust was always paid from estate funds by the Guardian, CT.
21. 10 bottom of page. Same questions as item 20 for CF. Why are the fees the same? Why was there no fee petition? Why does not the ARDC investigate? Even more important, why does not the ARDC dispute the fact that the testimony for AS and CF show that over 4 years they took out over $30k in fees from the trust, but only saw Mary for minutes (less than an hour) in all that time? (Emphasis added). See their testimony on transcript.
22. 11 Why doesn’t Dorothy Brown put up publicly the images of all documents? Don’t those belong to the public? Why is she hiding them? Why is it when you go to law division you can’t print documents from other divisions? Why doesn’t she put them up when the printers often don’t work in law, chancery or probate divisions? A 12 year old could hack this stuff and put it up.
23. 11 ARDC does not counter money grubbing attorneys. But the ARDC does not publish any figures, any statistics of who, what and when bills these large estates. The court system keeps everything in its files and charges of hundreds of thousands of dollars in fees for large estates go unanswered. There is no transparency, accountability, ratings, etc. of any fee billed to an estate. As noted above, the attorneys, GAL’s and others come from “secret lists” not available to the public. These attorneys have no Google ratings and they are not yelped by the families forced to use them, or the wards forced to use them.
24. 12 Judge Stuart cannot refuse to go over Gloria’s claims of lack of jurisdiction, which she did in fact refuse–all the time. When jurisdiction is brought up, at any time, whether first day of the case, 10th day of the case or 100th day of the case, it must be seriously considered. When brought up on 1st or 10th appeal it must be seriously considered. This Judge Stuart did not do. Judge Stuart denies corruption but has to chain a civil litigant. She then denies jurisdiction has to be addressed each time it is brought up. She curtails Mary’s guardianship proceeding and does not care about notice or service upon Mary or her elderly sisters. This is similar to Clinton saying “I did not have sex with that woman” because what he did was not sex–in his mind only.
25. 12 While Stern and Farenga deny corruption and ignoring Gloria, what do you call it when the court has no jurisdiction and Mary was not served. Not the ARDC, CF or AS or PS or HW can explain how Mary got served by a Cook County Sheriff when she was living in Naperville and why Exhibit A which goes into great depths on how there was no service, was never countered at trial by any of these actors.
26. 12 Rolling eyes, strike pleadings, cutting off Gloria, ignoring what Gloria and her attorneys had to say, all not countered by the ARDC.
27. 13 ¶ 2, Judge Stuart denies a cover up, but then why is Mary guardianized without notice to sisters, or service of summons and complaint? Why did Judge Stuart testify she was never told CT drilled out safe deposit box without a court order–a court order which is necessary to obtain before touching jointly held assets.
28. 13 PS testifies there were no exparte communications, but there is in fact on every door to the judge’s private areas a sign saying “staff and judges only.” Gloria and Scott frequently complained of PS, AS and CF going in and out those doors. They said it happened “all the time.” So why didn’t the ARDC subpoena tapes in the court room and out the hallways and when Respondent subpoenas those tapes her FOIA requests are not returned? Interesting.
29. 15 PS denied he or the GAL’s were fraudulently taking money, but what about others? Why are they covering up instead of serving subpoenas and discovery? Isn’t that their jobs? KD has business records indicating valuable coins. Gloria, Kathie and Yolanda confirm hearing of this. No GAL or probate atty questions CT or serves her with a supoena or deposition. Also, why did the ARDC quash subpoenas for the bank records?
30. 16 “Corruption reaches the highest levels” does not just mean the ARDC. It is now becoming apparent that mortgage payoffs of certain judges are coming from known mobsters and that info will be coming out shortly. In addition, the Tribunal and ARDC ignore the letter to Gloria regarding her complaints that “AS is her guardian”–a veiled threat. Who investigated that and why did it take weeks before the ARDC issued a retraction.
31. 16. Judge Evans refused to allow her to blog with a computer, not just in general. The ARDC does not mention the fact that everyone is allowed under relevant US Supreme Court law to take notes in court. What difference does it make if it’s a pen and paper or with a computer. And the bailiffs often stop people from even taking notes with a pen and paper, let alone a computer. Of course, even assuming a computer were recording, what difference would that make unless you were a miscreant who liked changing transcripts. Computers and note taking are freely allowed in the ND Ill. Courts but not in the circuit courts. Again, the difference is if someone needs to have a transcript fudged you can’t do that when someone else is making an honest recording.
32. 17. Respondent has the right to tag postings as she desires and is necessary. While one judge refusing to allow blogging and computers is a story, many others experiencing the same thing and also finding corruption (deviation from law, morals or ethics) now becomes litigation and a clear and obvious trend. By tagging a post with “corruption” it allows internet users to band together and to make a formidable group of those that are denied their constitutional right to free and open and democratic courts.
33. 34. “Scary shades of Greylord” is a feeling. Respondent has a right to blog her own feelings.
35. 18 AS testified that he never changed the order in question, but the ARDC does not investigate at all the who, when, why and how of the order being changed and double stamped. Peter Pan didn’t come and do it. The Order being scratched out in portions and double stamped speaks for itself.
36. 18 No other judge had discussed or ruled on the issue of jurisdiction to that date. Mr. Splitt skips over the part where Respondent went downstairs, had all of the prior orders printed out and challenged all the attorneys where there was any finding of fact or motion on jurisdiction. PS put his head down and ran out the court. AS denied the challenge and CF wasn’t there.
37. 18 Respondent’s blog is now up to about 80,000 views and is very popular with no complaints.
38. 20 While Kathie would not know of churning or over charging, PS testified to over $200k in fees over 4 years and never met Mary. Gloria and Scott considers that an outrage and so does most of the general public.
39. 20 Kathie Bakken testifies that important evidence was ignored. Kathie did not use the term “railroading” Jay Dolgin did.
40. 21 Evidence in Mitigation. Mr. Splitt fails to state that both Ken and Bev gave glowing reports on how hard Respondent works and how she helps so many probate court victims on a daily basis, whether they have money or not. The reports were glowing, not just factual, and Mr. Splitt never says that Ken Cooper compared her to “A Man without Season”
41. 21 It is very intellectually dishonest for CF to complain about being sued over a civil rights dispute when every day, and in Mary’s case she sues and guardianizes so very many victims. Since she complains of a “detrimental effect” by filing a lawsuit, then why did she do what she did to Mary? Why is she even a lawyer when lawyers sue people for a living. She guardianizes Mary but spends minutes with her. Respondent spends hours with the Sykes family, years seeing Mary in the neighborhood and then decides to sue CF for ruining Mary’s rights and her own civil rights.
42. Fn3, p21 “Frivolous lawsuits” is not well founded. Little to no case law was mentioned in either suit upon dismissal. In the copyright suit perhaps 10,000 copies were made, of not just Respondent’s creative works, but those of dozens of other authors that write for a living and who were unhappy with the ARDC copying their works (Sykes, Phelan, etc.) In the civil rights suit, it is proposed that under the Loving case, the ARDC has no jurisdiction to regulate blogs concerning public matters and corruption, esp. when the ARDC is part of a code of silence and the coverups themselves, as noted by dozens and dozens of letters ignoring valid citizen complaints (Sykes, Gore, Bedin, Wyman, etc.)
43. 22 PS is disingenous he has no way to counter what is said of him on the blog. The blog has a comments section. He has been repeatedly asked to go on Cooper’s Corners (a local cable show) to explain his actions. He is NOT a judge. He can defend himself. He has most likely 7 years of college. He is not a disabled person. He blames Respondent and others (Probate Sharks, Nasga, etc.) for his lousy reputation in the marketplace but he has a remedy–do some good works and then have people click on them and he can repair the horrid things he has done. He just chooses not to do anything good in his life. ( personal opinion). So it is by his own choice all the criticisms (and not just Respondent) of his past behavior rise to the top of the internet search engines. He needs to take responsibility for his own karma he himself created over the years.
44. 22 Respondents blog causes “unnecessary court time and satellite litigation.” 1) PS has no evidence of that and Gloria states openly she does her own litigation and 2) we do not yet live in a police state where the powers that be can claim “blame the media” and “shoot the messenger” when they don’t like media content.
45. 22 PS claims the real Lumberman’s money belonged with Mary because he had outstanding legal fees, just like Michael Hubbard in the Janie Thomas case and Miriam Solo in the Steven Schwartz case.
46. 22 Judge Stuart claims “Mary needed money” but all will go to attorneys fees. Mary had income of $2500 per month and lived with CT. She had 100% health insurance. What money did she need? Gloria took care of her for 10 years and never went into court asking to sell her home or liquidate bank accounts. Why suddenly Stuart, Farenga, Stern and PS “need money” for Mary when in fact, 100% has gone and will go to attorneys fees over her $2500 per month income.
47. 23 Again Mr. Splitt, does not tell the whole truth. Gloria has a therapy dog Shaggy and was going to bring him to see Mary. Mary loves the dog. Gloria wrote her name on the sign in sheet as “Sykes”. The police aren’t even allowed to delete photos. Likely AS requested it, a gross violation of Respondent’s rights and Mary and Gloria’s rights, but the ARDC never investigated that. The footage would should high level cognitive thinking on Mary’s part. AS wanted it destroyed. Mr. Splitt did not check the law, he does not protect anyone’s civil or human rights. He helps the ARDC cover up such violations. Mr. Splitt also does not mention that Respondent asked Mary if it was okay to video her and she gave consent. Employees watched videos and pictures being taken for 35 minutes and no one said anything. Mr. Splitt is not being honest about the transcript. He needs to try honesty for a change.
48. 24 Interestingly, Mr. Splitt decides that Vig is a mob term. Why does his brain go that way? VIG is shown in all caps because it is an acronym for “Very Important Gain.” It is not just a loan shark term. Respondent does not speak Russian and is not part of any mob family. Is Mr. Splitt?
49. 24-25 Resondent did not investigate the OPG fires with the police department or the fire department or some law firm. Why would she do that? It is clear from the comment she recalls them herself from Suntimes and Tribune articles. The ARDC does not counter they could not find the articles themselves. They are there. They don’t want to look.
50. 25-26 The conclusions of “false statements” are not made with any proof. The ARDC can’t even respond to Exhibit A, which is, where is the jurisdiction in the case of Mary Sykes and why do they cover up repeatedly discovery of the gold coins? The recommendation to suspend is also baseless. There is no evidence of failure to follow rules. The Respondent wanted to email, as the Ilinois Supreme Court now recommends and use fax communications. The ARDC wants to run a trial like it is 1960. This is just not done any longer. Attorneys share files on Gdrive, Drop Box, Boxbe and others. Attorneys cooperate. The ARDC attorneys at every turn impede progress and technology. They refuse electronic filings in favor of paper which ruins trees and the environment on a massive scale and promotes pollution and a decay of the earth. Respondent wants no part of that. It is irresponsible and short sighted.
Simply because there is a dispute between the ARDC and Respondent (who is a practicing patent attorney and has a degree in engineering) and the ARDC which has none of that, does not mean that her behavior is inapropriate.
There is absolutely no basis to suspend Respondent for 3 years and dozens of her clients will be left without probono or low cost counsel.
Will the ARDC and the Ill.Sup. Ct find these clients pro bono counsel? Mr Splitt does not seem to care these are mainly probate vicitms who have suffered grave injustices. The respondent fully intends to send each and every one of them to Mr. Larkin and Mr. Splitt and ask THEM to help these people out, without pay or expectation of pay.
51. 27 Waiver of argument and facts. As shown by this Exhibit, Mr. Splitt and the ARDC have waived at least 51 facts they got wrong. They also clearly ignore the law and cite hearing administration cases and low level non appellate cases over and over, which they know they are not supposed to do. Respondent only cited appellate court cases. Everything respondent has mentioned is well known and citable. Further, the behavior of the Tribunal to the members of the public and Respondent herself was so scathing and condescending, the Review Board should find the transcripts of proceedings mandatory reading. The ARDC has met no burden of researching and following the law itself. The public is furious with the behavior of the ARDC in recent years. The ARDC ignores this.
52. 29 The ARDC misreads the following cite: “judges are presumed to be impartial.” Note, the word is ‘impartial” and not “infallible”. The ARDC reads the conduct of judges to be conclusively “infallible” when they clearly are not. The media is ablaze with the Pennsylvania “Kids for cash” scheme, judges investing in prisons schemes and all sorts of unethical acts of judges acting badly across the nation. What the ARDC attorneys should take of note is that they seem to believe they have absolute immunity and that they too will be infallible in future litigation. But a recent 2nd circuit decision just told the “kids for cash” judges and attorneys there will be no immunity for them. Being a felon is not part of the job of being an attorney or judge. Judges Stuart and Kowamoto are gone, suddenly retired. Judge Quinn is currently running a probate case outside the 120 window allocated by the legislature for temp guardianships. No, they are not infallible.
53. 31 last para. “Judges Connors and Stuart were presumed to have acted properly. See all the probate blogs, talk to Ken and Bev Cooper and all the probate victims mentioned above. Ask them. Again, the presumption concept is not accepted by everyone, and especially not by the myriad of probate victims and blogs out there.
54. 32 No objectively reasonable basis for Respondent’s statements is a bit premature. Note there are already 53 points the Tribunal got wrong. The investigation is ongoing. The bank records of many judges have not been investigated. Stuart is gone. Kowamoto is gone. Why otherwise would these judges one day get up and leave suddenly? The investigations are not over and the ARDC refuses to help out. The public is outraged and not protected and the ARDC ignores it.
55. 33 ARDC cites again “attorney’s offensive and profane language” is not the issue. Also “resort to epithets or personal abuse” is also not the issue. Claiming judge was biased because he was paid by the state is also not the issue.
56. 35 Palmissano, who repeatedly yelled and screamed at judges is not a case that shows the issue herein
57. 36 Martin-Trigona making profane and defamatory statements to the ARDC is not the issue.
58. 36 Then the ARDC finally and begruginly cites SCOTUS cases, but clearly does not read them all or is familiar with the facts. In the Citizens United case a scathing and ridiculous movie was issued right before elections about the Clintons. SCOTUS said that was okay and protected by the First Amendment. The ARDC says neither Alvarez, Brown, Ashcroft, Snyder, Citizens or McCutcheon involves attorneys, but obviously they didn’t read the cases. At least TWO attorneys were involved in the production of the Hillary movie (Ann Coulter and another attorney) and the US Supreme Court said it was okay and no disciplinary actions were brought against either attorneys. Further, likely the video game company either had an attorney on staff, or hired one to protect its violent video games. No one went after that attorney either.
59. 37 The ARDC cites Gentile, but the Gentile court found the attorney had the right to make statements about a case ongoing before a jury.
60. 38 The ARDC neglects to mention the fact that no one in particular has been accused of any crime or corruption. Rather, all the Respondent has done is asked, begged and cajoled the ARDC and the authorties to investigate the Mary Sykes case. No one knows what is going on. The ARDC, rather than protecting the public and victims, protects the miscreants. They create a code of silence, quash subpoenas, fail to take depositions and investigate when they should do so, and make the public and victims furious with numerous reply letters which dismiss valid citizen complaints out of hand on a regular basis. They do not Ethics Report as required and their public property records are highly questionable and they refuse to answer valid questions from concerned citizens and the news media. Almost all other Ill. State agencies publish salaries and require Ethics Reporting. The ARDC does not do this. THE RECOMMENDATION OF THE ARDC MUST THEREFORE BE REVERSED.
And today this post is dedicated to Alan Frake and his son Gary Frake. Alan is being drugged at Sunrise and his son says he can barely speak or lift his head. Once a vibrant, strong, outspoken and active man, in a guardianship he was quickly put in a wheelchair with undiagnosed hip pain (fall in nursing home soon after coming there?), where he was drugged and drooling with dilated eyes in days.
For weeks and numerous court appearances the opposing counsel probate attorneys (Cary Peck and Ted Rhodes) denied the abuse, then we received a report confirming the drugging with psychotropic drugs. They are obviously used as a restraint.
Barbara Stone brings this to my attention:
http://www.wtw-law.com/unregulated-use-antipsychotic-drugs-nursing-home-facilities/
from a California lawyer. In Illinois, Lea Black, Melissa Smart and Sharon Opryszek and Jerome Larkin would discipline this attorney–for telling the truth. That chemical restraints ARE used in nursing homes routinely, the sales records are there but the ARDC does nothing, even when attorneys know of this. Does Himmel (an Illinois case mandating that lawyers report unethical conduct by other lawyers) even apply to seniors or nursing homes or probate courts? Where is the exception for those too old or disabled to speak up for themselves. Use of unwanted and non FDA approved drugs is nothing but battery. How do the nursing homes and probate attorneys get away with these gross violations of human and civil rights and violations of international treaties against torture (isolation and chemical restraints)
Everytime the son Gary comes to court, the attorneys rush to the bar to tell all sorts of defamatory stories and fables. But drugs and prescriptions don’t lie.
Then Judge Quinn hands back the allegations of abuse back to the abusers. Who does that? Answer: it happened in Carol Wyman (held down and shot up with halodol right in front of John Wyman when she wanted to go home, which was her right) and of course the deaths recently at the Hillside nursing home. Then there are the cases
I am begging and imploring again, that coroners start to do tox screens for the elderly they see that show any signs of dehydration and malnutrition among the elderly. These conditions are not normal. I applaud the Hillside coroner for doing a tox screen on someone that died after apparently being assaulted with morphine and vicodin–both not needed by the patient other than as a chemical restrain.
And please, when funeral directors see signs of abuse, those HAVE TO BE FORWARDED TO CORNORERS. It is my understanding that evidence of abuse on a dead body must be reported to the State of Illinois, but nothing is ever done with these reports.
I want to know, why is that?
joanne
From: kenneth ditkowsky
Sent: Apr 1, 2015 10:50 AM
To: Elaine Renoire , Probate Sharks , Tim NASGA , “JoAnne M. Denison” , Nasga Us , “J. Ditkowsky” , Matt Senator Kirk , Eric Holder , “FBI- ( (”
Subject: Fw: [Elders Against Guardianship] http://www.flsenate.gov/media/videoplayer?EventID=…
A mandatory watch. A plea to get professional guardians regulated, to stop billing an estate months after a disabled person has died, to stop the fees, to stop the abuse.
The video is important. It is admitted that there must be transparency between the court, attorneys and guardians–it does not happen right now.
There needs to be a cap on how many cases a professional guardian can handle.
http://www.flsenate.gov/media/videoplayer?EventID=2443575804_2015031531
Doug Franks represents AAAPG.net–Americans Against Probate Guardians and he gives a very good summary of the present problem.
In the video, Florida senators admit “there is a disaster on the horizon” and talk about numerous disasterous stories of guardianship abuses.
The chair of the Senate admits “everyone knows there have been abuses for awhile” and that Florida probate court has become “a cottage industry”. These are phrases that the ARDC said that Ken Ditkowsky and myself could not say as lawyers, now we have the Fla. state legislatures saying them.
One senator that says he is never in favor of government regulation, supports a bill to regulate professional guardians and admits the abuses.
But then the ARDC in Illinois says there are no problems, when consumers with legitimate gripes complaint (Sykes, Gore, Bedin, Richards, Wyman, etc.), they get either no letter or nonsensical letters, there is a huge problem. When Ken Ditkowsky and I state the same problems as on this video footage, the ARDC says we cannot mention it, they claim there is a “code of silence”. When has a “code of silence” ever benefited lawyers or the judicial system:?
from this news article, rest assured if a black young man mugs the elderly for a few buck outside the grocery store, it will be investigated and he will be booked.
but the white collar criminals in your local probate court will never suffer the same fate, for they have protection, cronies and they pay the right people
for they are protected. while this young man clobbered the elderly over the heads, your local nursing home drugs them, guardianizes them, drains the estate of 1,000 times the amount that this mugger did, and they’re nearly impossible to catch, investigate, indict and try. It nearly never happens.
So what is the difference between the young man who clobbers the elderly over the head, and those that target, guardianize, isolate and medicate, drain the estate, eliminate and then cremate? Nothing more than a white collar and a court room, if you ask me.
Thanks to Jane Stillwater for pointing this out to us.
joanne
How to make Raif Badawi a hero for free speech!
From: kenneth ditkowsky
Sent: Mar 28, 2015 6:45 AM
To: “tips@abajournal.com” , “ABAJournal.com”
Subject: WHERE DOES THE AMERICAN BAR ASSOCIATION STAND ON THE ISSUE OF FREE SPEECH TO COMPLAINT CONCERNING JUDICIAL CORRUPTION.
Shamefully, in South Holland, this news story was recently reported:
Dorothy Byrd, age 98 died of an overdose of chemical restraints:
Paris said it’s his understanding the nurse used painkillers to sedate seven seniors at Holland Home. Six fell ill and were rushed to hospitals. Byrd died the next day. Rundin and Krynicki died about a month later. The other three residents who were hospitalized on February 3 have now recovered.
According to Paris, Byrd was taking hydrocodone for back pain, but not at the levels found in her body when she died, and she was not prescribed any morphine, which also was found in her system in toxic levels.
Finally someone is noticing that nursing homes chemically restrain residents as desired.
Finally, a coroner is doing tox screens on the elderly instead of saying “oh well, she was old, wasn’t she”.
From: kenneth ditkowsky
Sent: Mar 26, 2015 4:40 PM
To: “J. Ditkowsky” , “JoAnne M. Denison” , Tim NASGA , Probate Sharks , Nasga Us , Matt Senator Kirk , Eric Holder , “FBI- ( (” , Chicago FBI , BILL DITKOWSKY , “ComplaintAdmin ADA (CRT)” , Janet Phelan , Chicago Tribune , SUNTIMES , Ginny Johnson , Bev Cooper , FOX News Network LLC , Diane Nash , Cook County States Attorney , Scott Evans , Fiduciary Watch , “Y. ACLU” , ISBA Main Discussion Group , Glenda Martinez , Edward Carter , Illinois ARDC , Barbara Stone , Cook Sheriff , “Mr. Lanre Amu — Honest Atty Unfairly Persecuted By ARDC” , “tips@cbschicago.com”
Subject: IT IS AMAZING –I was thumbing through the Sun-times and I ran across the following article, to wit:Deadly blasphemy laws must be abolished
Posted: 03/26/2015, 02:37pm | Junaid M. AfeefAn Afghan university student on Thursday holds a poster to protest at the site where a mob beat to death a 27-year-old woman, Farkhunda, in Kabul, Afghanistan.
Blasphemy laws and equally repugnant apostasy laws, according to the Pew Research Center, are often but not exclusively found in Muslim majority countries. These laws criminalize things like conversion from Islam, saying anything offensive about Islam, destroying or defacing the Quran, and drawing pictures of Prophet Muhammad.In other words, these laws criminalize rights enshrined in the Universal Declaration of Human Rights. These laws must be abolished, and Muslim scholars must articulate a clear and unequivocal explanation that blasphemy and apostasy are matters best left between individuals and God. Until that happens, more innocent people, like Farkhunda in Afghanistan, will be killed.OPINIONLast week, a mob of men stoned, beat, kicked and set on fire Farkhunda, a 27-year-old Afghan woman, after it was alleged that she burned the Quran. This heinous murder happened in broad daylight, with throngs of onlookers, some of whom photographed the brutality. In the wake of the murder, the head of Afghanistan’s criminal investigation unit remarked that he was unable to find “one iota of evidence” that Farkhunda burned the Quran. That issue should be irrelevant. It’s a travesty that he needed to spend one iota of his time looking for such evidence; whether or not she burnt the Quran is irrelevant. This attack was unjustified and her attackers and killers must be brought to justice.The people who took part in this young woman’s murder are vile, but until the archaic blasphemy and apostasy laws are stricken, and until the notion that in Islam blasphemy and apostasy are punishable by death is openly and clearly refuted, this will happen again. These laws are not the sole reason for these atrocities, but they play a significant role, and as such, abolishing them is merited.
Farkhunda’s killers may have thought they were defending Islam, but in reality, they are the ones desecrating it. ….but the message and values the Quran conveys — that all human life is sacred, that charity and justice are paramount, that humans beings have free will, and that there is no compulsion in matters of faith — endure. If there is a blasphemy taking place, it is being perpetrated by those who kill innocent people in the name of religion.Blasphemy and apostasy laws must be repealed. …
Junaid M. Afeef is the Chicago-based founder of Common Good Advocates and a Political Partner at Truman National Security Project. His views are his own.The concept of political correctness is an assault on Free Speech and so many really good people get all excited when they hear a particular sound. Of course at the extreme we have censorship. Bureaucrats who are overpaid and under-educated except as to the use of ‘clout’ seek to prevent citizens (including lawyers) being critical of their favorite miscreants.
Need an example – Mr. Amu found that he was in a wired case. He complained. He did not take it on the chin like a good sport – as a newly minted citizen he believed all the stuff they teach about the constitution. (The judge did not even bother to deny the allegation). However, on the scene comes our hero Jerome Larkin. The idea of a man whose skin was not lily white being critical of a protected jurist was an abhorent! Without a complaining witness or a denial from the judge Larkin ran to the Supreme Court of Illinois to get Mr. Amu’s license suspended. This is Illinois! The license was suspended and remains suspended –
Need another example. Ms. Denison is one of those computer people. She has a ‘blog!’ On her blog she reported the Assault on the First Amendment. my cry for an Honest investigation, etc. Our hero, Jerome Larkin, is out there again upholding the principles of the former Soviet Union, North Korea, the National Socialists, the Communists, religious fanaticists and his other heros – he is seeking a three year suspension for Ms. Denison.
Of course – I used some forbidden words! One of them was the word Honest – I, and others, begged the ARDC to conduct an Honest and Thorough investigation and instead I got a four year suspension.
We do not have to worry about anyone else but us! Jerome Larkin and his gang run a state agency and are paid with public entrusted funds! Their cronies – i.e. the people that they act in concert with and aid and abet are even more privileged. We feed them the elderly and the disabled! Find an elderly person with a few dollars who is not at the top of his/her game and the parasites can quickly strip a million dollars in a matter of days. Best of all – they have corrupt jurists OK the theft and escape taxes. In the Sykes case a 3/4 million dollar property was sold with a court order for a little over 200,000.00 dollars! A million dollars in gold coins disappeared. NOT ONE DIME OF FEDERAL INCOME TAXES was reported. The State of Illinois is bankrupt! The Illinois Department of Revenue is not hurrying to collect any taxes!Ken Ditkowsky
ABC Action News I-Team: Guardian and Attorney Bill Thousands for Years After Ward Dies
excellent video at:
What is the first saying on this video? “target, medicate, isolate, drain and eliminate”. how is it that everyone knows the credo but the Illinois Atty Registration and Disciplinary Commission who targets myself and Mr. Ditkowsky for repeating the credo of criminal attorneys and judges (Sykes, Gore, Bedin, Wyman, Drabik, Richards, Frake, etc.)but the IARDC consistently denies any knowledge or responsibility. Instead, it wants to shut down this blog and distance itself from conducting honest, thorough and complete investigations of the criminal elements defrauding the public, and worst of all, the senior citizens and disabled persons that are targets of these criminals.
When Florida says it is clamping down on bilking estates for tens of thousands of dollars, hundreds of thousands of dollars of court appointed guardians and attorneys, you know the house of cards just got in the way of a huge fan of truth, honesty and justice.
Mr. Larkin, you cannot hide, for Ms. Justice will hunt you down and take you to task. She is a b****.
I am in the process of filing my response to the ARDC’s Petition to Suspend me immediately. If lawyers cannot step into probate and protect seniors and disableds from the “target, medicate, drain and eliminate” scheme which is now on national ABC news in Florida, then who will?
Is this what we want for our government, for our lawyers, for our judges.
The news says one thing, and the ARDC says another. Now it is up to the Illinois Supreme Court and my question is, will the Illinois Supreme court give carte blanche to the cottage industry flourishing on the 18th floor in probate to “target, isolate, medicate, drain and eliminate”–a phrase now seen in mainstream media.
I, as far as I know, am the only pro bono or low cost lawyer on the 18th floor. We need a cadre of lawyers to fight all of this. I find it amazing that so many lawyers and judges think this system is okay, when many are elderly, and can face the same issues in just a few years. On the east coast, we have a powerful lawyer and former judge whose $9 million estate is being drained by over a million a year in fees, his one daughter is a lawyer and one day a bank lawyer stepped in and wrested guardianship away from her and two daughters and 4 grandchildren were immediately isolated so the new attorneys (bank and former partner) could drain that estate by one million per year.
Who is letting this go one? One person is Jerome Larkin. Two state agencies are the Ill. Atty. Regn. and Disc. Comm. and the Office of Public Guardian.
Now we are seeing the credo in mainstream media. We are now seeing, for the first time, actual cases in mainstream media. The public is now interested.
It is not too late for Larkin and his state agency to reverse this tide. Mr. Larkin, please go after the attorneys and judges that target, medicate, isolate, medicate and eliminate. Please forgive Ditkowsky and myself for being the bearer of this news. I know you were shocked. I was too. I couldn’t believe in all my years as a lawyer this was going on right under my nose. Honest attorneys were too terrified to speak out. They were threatened (as were Ken Ditkowsky and myself) if they reported these crimes (quashing subpoenas for missing $1 million in Sykes, quashing discovery in Gore, Drabik, Richards, etc.) that their law licenses were in jeapordy (Judge Connors for myself, Atty Stern and Farenga for Ken Ditkowsky). The threats were real. But it is not too late to stop the nonsense and investigate–what Cynthia Farenga in a letter specifically asked you NOT to do in the Sykes case. Come on now, you see where the media is going).
Ken and I will not stop speaking out for those that cannot do so. And we are NOT heroes. WE, unlike other attorneys are simply doing our jobs. So what if other attys don’t do their jobs. Ken, Mr. Amu and myself, we do our jobs. We need no thanks for doing what we ought to do, what we were trained to do by 3 years of law school and the bar review and exam.
We are not special as lawyers, we are not extraordinary, we are doing what we were trained to do and then we took an oath to uphold the laws and the constitution of Illinois and of the United States.
This is not difficult. This does not take a super power to do. It only takes ordinary dedication, courage and belief in what this country was founded to be.
JoAnne
Posted: 23 Mar 2015 06:29 PM PDT
Lynn and Alan Sayler were in Tallahassee last week, testifying before a legislative committee calling for more reforms of the state guardianship program.
and cannot be stopped on the internet, which is free and open and democratic, despite the protests, the shameful conduct of attorneys and judges acting badly and trying to stop those that speak out against harm to the elderly and disabled!
Ken Ditkowsky“There is no dispute the elder cleansing is wrong. There is no dispute that a ‘cover up’ of corruption by a public official (such as Larkin) is wrong. It is an axiom that any jurist that tolerates such wrongful conduct as elder cleansing, directly or indirectly is corrupt”__________________________________________
Sandra Black would like you to support:
Sandra’s Family Needs a Lawyer
Donate below, or forward this email to a friend now.
As the ARDC gets ready to suspend one of the only truly low cost or pro bono defense lawyers in probate, Sandra Black and her family are looking for assistance too.
I hope a good pro bono lawyer comes to their assistance to help them out.
Let us know how it goes, Sandra.
| A message from Sandra Black… |
| DONATE TO THIS CAUSE AND YOU ARE EXERCISING A VOICE AGAINST HOW OUR SYSTEM ABANDONS THE 99%.
Hello, I am Sandra Black. My elderly mother, family, and I have lived under extreme abuse (not physical) and mental/emotional torture in America due to the State of Indiana’s laws that make it right to discriminate against its disabled residents. We have been cursed out, threatened, isolated/alienated, and had torture tactics used against us for years. Our family fell through the cracks of society being forced by law to live under the leadership of a cruel, greedy, severe marijuana addicted con-artist’s rules. The suffering is totally indescribable. Imagine being set-up by law, your very own government agencies and forced into exile away from your loved one without any idea how far the abuse can go. In Indiana apparently the disabled reporting abuse and a morally sick family member is considered automatically a fact that it never happened, not necessary to talk to witnesses or conduct any real investigation to determine if the allegations are true or false, they are automatic false in our case. It sounds bad, it sounds impossible, but I swear it happened. Agencies and officials all refused to do their job for years. I want to hold them accountable by law in civil court for our losses. This case is so unique that it would set precedence; totally change how government can allow its residents to be victimized without recourse. Cases like these no lawyer want to touch because it requires a great deal of money, a lot of hard work, expert witnesses, and research. Regular cases are simple, only refer to past cases that are just like it and win. I possess a Chemical Engineering Bachelor’s degree from Tuskegee University. My disability is work related only and could have easily been verified that I would have been a better choice for mother if anyone cared. I need your help to hold the guilty accountable and change our nations actions against its very own citizens. Time is of the essence, my daughter told me about this site a few days ago and recently the State stepped in (February, 2015) and stopped the exile of my family, thus I think the statue of limitations is ticking away now. Meaning that if a lawsuit is not filed quickly, I may be in danger of losing any right so whatever to file a lawsuit. The exile lasted from 2010 to 2015, which does not include mention of the abuse/neglect. DONATE TO THIS CAUSE AND YOU ARE EXERCISING A VOICE AGAINST HOW OUR SYSTEM OPERATES AGAINST IT’S OWN CITIZENS. We need a lawyer to set precedence in this country and to show our government that the people are tired of government literally destroying the lives of people and behaving as if that’s what should be done, turning a blind eye and deaf ears. I want to hire a team of lawyers to not only use all the great well documented information that I have collected over the years proving KNOWN REPORTED ABUSE AND NEGLECT, but the use of experts to dive into subpoena information of the torture/abuse that I do not know about or have access to behind the scene as well. This will be very costly and greatly change the laws for the people forever. |
In a land where cochroaches are large and plentiful come this story about reigning in guardians who attain the position only to isolate the ward and drain estates:
While these main stream media stories are few and far between, it’s only a matter of time before they start going after the “cochroaches”–guardians and attorneys alike that line their pockets off the elderly and the families they tear apart with drugs, isolation orders and draining the estates (Sykes, Gore, Wyman, Fracke, Drabik, Richards, etc.).
We apparently have a fine supply of probate cochroaches ourselves.
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Corruption page 2
The aggregate problems of fiscal solvency of government viewed in a non-political manner filtering out all the rhetoric designed to inflame passions, the problem boils down the fact of bipartisan corruption is surcharging the cost of government to the point that we all will shortly be in bankruptcy. Corruption is rampant and rapidly going out of control.
The Wall Street Journal reports that health care fraud (including social security and elder cleansing losses) exceeds 100 billion dollars a year. It has been estimated that in Illinois corruption costs each citizen $3008.00 per annum. The war is being lost. Today it reported that a crackdown by the Obama administration has recovered between 3 and 4 billion dollars of wrongful payments made last year.
Government inefficiency, poor controls, and outright fraud are the root causes of the total problem. If a government employee is unable to do his/her job they should be terminated. The luxury of employing postal employees who cannot read the street signs, or clerks who cannot add and subtract, **** is something that we cannot afford. Government employees who could care less concerning the operation of their departments and therefore do only pro-forma work also cannot be afforded. Most certainly the “influenced” or venal employee must be ‘gone!’ Those are all givens; however, the fraud is much deeper. The complex formulas and coding for payment are magnificent environments for deception to flourish. By the clear light of hindsight who is capable of determining if a nursing home patient had to be transported in an ambulance at a massive cost, or on the handle bars of a bicycle at no cost? Do you know if the doctor actually saw Alzheimer’s Patient x or just had the nurse put an entry on the chart concerning his visit? Indeed, with thousands of seniors needing some type of treatment for various illnesses (real and imagined) the paperwork is massive. It is a criminal field day!
The fraudulent payments are promulgated by some very sophisticated and well-connected individuals including many who over the years have become very rich through these endeavors. Most of the health care crooks are well educated and have access to the best accounting and legal talent available. Thus, prosecution is difficult and with billions of dollars to spend the miscreants now feel that they are well above the law. In fact, as the elder cleansing cases roll in it appears that they are a law onto themselves. For instance, here in Illinois it is no secret that the Office of Public Guardian works closely with for profit nursing homes, hospice facilities, and other health care facilities to help them obtain their fees. It is no secret that many of the fees claimed are in many cases seriously inflated [1]. Studies have revealed as an example that it costs about $1000 – $1500 a month to warehouse a selected to be elder cleansed senior; however, the custodial and other costs in many cases exceed $15,000.00. The selected elder cleansed senior’s meds are purchased from a captive pharmacy. The doctor is a captive who examines the patient by slowing down his auto as he passes the nursing home. The nurses are employed by a friendly employer (an Enron type corporation) who is paid a set fee. The linen service, et al are similar Enron facilities. Service to the patient is almost non-existent. Physical therapy is usually taking the patient out of bed and into a wheel chair. The only well run operation comes on voting day when every ‘zombie’ votes for the dominant political party candidate.
Families and friends of the elder care syndrome of exploitation have been complaining for years to the Justice Department, local law enforcement, and anyone who would listen concerning nursing homes, hospitals, and other health care facilities dedicated to the pursuit of the dollar. For the most part because of the tie-in between the corrupt health care providers and the corrupt political and judicial elites the deaf ear approach has been standard. The Helen Stone case in Florida and the Mary Sykes case in Illinois are examples of audacity that is exhibited. In Stone the daughter is being prosecuted for interference and in Sykes without jurisdiction of due process the objecting daughter has literally been stripped of her assets. Sykes also has to distinction of having co-conspirator Jerome Larkin surface to try to silence lawyers who objected to the fraud and breach of fiduciary relationship.
How does government protect itself from the corruption without tossing the baby out with the bath water? The answer is not simple as the criminal element is entrenched. The Seth Gilman case (Hospice kickbacks) is a landmark case and should be prosecuted with the same vigor as the OJ Simpson trial. The Omnicare Frauds should be prosecuted criminally and also prosecuted openly. The overcharging for drugs designed to be inappropriately administered and tie in Enron type corporations owned by the medical facility providers should be made public. Everyone knows about the $25.00 aspirin tablet. How about the $100 tablet used to make grandma a zombie! The ‘cover up’ initiated by Jerome Larkin and his assaults on the First Amendment also has to be prosecuted openly and notoriously. Larkin using the Illinois Disciplinary commission to Distort and cover=up garden variety theft by jurists, attorneys, and other judicial officials is the most venal of the bunch. Lawyers see these criminal activities first hand and most lawyers have two attributes: 1) they are honest people who will diligently report crimes that they witness and work to eradicate not only the criminal activity but the root causes, and 2) they are easily intimidated by the threat of loss of their license to practice law. Larkin is using his office to thwart the requirement of 18 USCA 4 which states:
§ 4. Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. 18 USCS § 4 Obviously not every crime can be prosecuted, however, the most prominent and politically powerful of the “health care providers” and a public official who is a lawyer, took an oath to protect the Constitution, administrates a lawyer disciplinary commission and who openly and notoriously supports and proactively acts in concern with persons who are abusing, isolating, and otherwise exploiting senior citizens, are people whose prosecution will act as a deterrent to all the potential miscreants. The prosecution will result in giving pause to the rest of the miscreants [2] and may result in more immediate remediation by some of the most obnoxious of the criminals.
Jerome Larkin in particular has some ‘warts’ that will aid substantially in his prosecution. One example, is his actions toward a lawyer who is American of African Dissent. Larkin’s prosecution of Attorney L Amu is something that would make Klu Klux Klan and North Korea proud. The racial discrimination exhibited by the Illinois Disciplinary Commission is a disgrace and a blot on the judicial system of Illinois that must be remediated. Larkin’s assaults on the First Amendment are reprehensible and are his overt actions in promulgation of the elder cleansing conspiracy.
[1] It is also no secret that the cozy relationship between many of the public (including judicial officials) officials, the health care facilities, the ownership interests in health care facilities etc. are cozy. Even the most outrageous actions of a favored miscreant is protected. I of course refer to the harvesting of Alice Gore’s gold filings! Jerome Larkin lackey wrote the family that there was no evidence of wrongdoing. After WW2 Nazi brass were severely admonished for similar actions – execution was one of the admonishments.
[2] It is should be noted that as most of the guardianship related frauds (which I refer to as elder cleansing) are garden variety conspiracies (18 USCA 371) and most of these frauds are breaches of fiduciary relationship taxable events have occurred. Most of the these taxable events are not reported on the 1040 tax return and thus State and Local government loses out on large amounts of income tax, penalties and interest. Larkin as an example by assisting the miscreants in the Gore case acted in concert with them and therefore he is liable to the USA and the State of Illinois jointly and severally with them for the taxes due. (Only one collection is possible – but there is still a requirement of reporting the income.)
Ken Ditkowsky
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Take a good look at this incredible story of gross abuse of human and civil rights.
The judge and prosecutor who did this to this man are an outrage.
http://www.oregonlive.com/portland/index.ssf/2015/03/oregon_man_commits_no_crime_bu.html
I would have thought the story came from downstate Illinois where we have one man, Lyle Harrison held for 90 days on civil contempt for lousy pro se fillings? (can anyone drive down my emergency motion to the 4th district court of appeals tomorrow to release him?)
but this is clearly outrageous.
joanne
I wonder if the woman was under a guardianship.
I’m glad tho someone is watching out for this problem. Far too many psychotropic drugs are being sold to nursing homes. It’s time the nursing homes are being checked for psychotropic drug toxicities and elders are getting autopsies and toxin screens, even at the age of 98, it’s still not right to poison grandma with psychotropic drugs and narcotics to keep her docile.
I don’t know DUI in Illinois, but maybe someone does know all the DUI case law so feel free to dispute this link.
This link is for Florida only, but I think it would work great in Illinois.
DUI check points are actually the police looking for expired registrations and stickers and all that, broken tail lights, arrest warrants, seized cars, etc. They are basically a revenue generator. But I have seen posts where a car’s plates or license was expired and the police left entire families out in the cold to walk home, whadda bunch of jerks.
They are best to avoid. Feel free to turn around and take an alternate route when you see one. And keep this flyer in the car. The lawyer is right, there are no officer friendlies, only a guy trying for a promotion or raise.
https://mail.google.com/mail/u/0/#inbox/14c19118406a9dc2?projector=1
And of course, the complaint goes no where and there is no relief from the Client Protection Program because the ARDC runs it (according to this article) in a willy nilly fashion….
http://abc7chicago.com/news/stolen-inheritances-i-team-lawyer-warning/555504/#videoplayer
See below and good catch by Joe Dubow. The ARDC should have paid this claim pronto and helped the family get a good lawyer to get their money back. This, the ARDC does not do. They discipline Ken and myself for speaking out, but then they need good experienced lawyers who have represented clients for low cost or free (Ken and myself) and who do sue clients for fees (ditto).
ABC7 I-Team Investigation
Thursday, March 12, 2015 10:37PM
CHICAGO (WLS) —
The ABC7 I-Team investigated a lawyer who stole more than $1.2 million from his clients, and the victims who say they want some of their money back from an organization designed to protect them.
At one point, most of us will hire an attorney. But some victims who were ripped off say they trusted a lawyer based on previous work he had done for them – and that there was a red flag they didn’t know about.
North suburban Crystal Lake attorney Curt Rehberg is behind bars at a downstate correctional center.
“His job was to close the estate, file the taxes and do the distribution of the money to the heirs,” said David Hanson, a victim.
Rehberg was recently sentenced to 9 years after pleading guilty to three counts of theft for stealing what McHenry County prosecutors say was more than $1.2 million from the estates that these three men represented.
“Gone. All of it. Didn’t get a penny, not a red cent,” said Martin Ochwat.
Ochwat says he had worked with Rehberg for years on other legal transactions and never had a problem.
“My uncle trusted him totally and my aunt trusted him,” Ochwat said.
Ochwat was awarded restitution by the state, and Hanson was too. They both won this civil judgment. Hanson hired Rehberg to manage his parents’ estate; he and his family are owed $157,000.
“It’s gone, gone, there is no way to get it back – he wasn’t insured, he wasn’t bonded,” Hanson said.
The Illinois Attorney Registration and Disciplinary Commission says there is no law requiring attorneys to carry malpractice insurance; there is, however, what’s known as the ARDC client protection program, a fund set up by the organization with lawyer fees to help reimburse victims of fraud.
“Their rules are vague, ambiguous and they are applied at their own discretion, and you can’t get a straight answer,” Hanson said.
But the ARDC says, according to Illinois Supreme Court rules, they can’t even consider a payout until a lawyer is officially disbarred, which just happened to Rehberg in January.
“We have to wait for the commission to approve the client protection program, program payouts,” said Jim Grogan, deputy administrator and chief counsel, ARDC. “We tell people due course because we don’t want to set them up for, ‘Oh it’s going to be next week or next month or its going to be June,’ we just tell people due course. It could be months. Hopefully not years.”
Grogan says in 2014, the program paid $1.3 million in claims.
He says there’s a total of 12 pending claims against Rehberg for $1.4 million but commission rules cap ARDC restitution at $1 million per attorney and $100,000 per claim.
“It is hope they will be compensated pursuant to the client protection program,” Grogan said. “Hopefully there will be consideration in 2015.”
McHenry County prosecutors say a half million dollars of the stolen money was intended for donation to cancer research.
“The estate I was in charge of was going to St. Jude Children’s Research Hospital,” said Ronald Kalemba.
That was the dying wish of Kalemba’s girlfriend.
“She was dying of cancer, that’s what she did die of,” Kalemba said.
And a possible warning missed by the victims; in 2003 Rehberg was disciplined by ARDC for not being honest with a client, but he was allowed to continue practicing.
“The court has a range of sanctions available and given the misconduct as known at the time, yes it seemed to be an appropriate sanction,” the ARDC said.
Grogan says the ARDC sent news releases and that Rehberg’s record was available on its website, but these three men believe more could have been done to inform Rehburg’s clients.
“I am going to keep going and go to the next person and the next person until I get someone who will listen,” Hanson said.
If a lawyer has been disciplined, there is no law requiring them to tell clients. Victims say they’re meeting with a state representative, lobbying for changes.
An attorney for the convicted lawyer says Rehberg accepts his punishment as being just and has publicly apologized. It is believed that the money he stole is gone.
Judges are supposed to have a poker face and mouth and are supposed to thank witnesses and jurors for their service, no matter the outcome, and not comment on the case.
Apparently this judge blew it.
Ohio Judge Reprimanded After Berating Jurors For Acquitting Criminal Defendant
A judge is not the press, she or he is the trier of fact and law and is not supposed to roll eyes, sigh, make dumb comments, etc. in the courtroom.
I know that many of you experience it and you have to report it to the Judicial Inquiry Board (addresses on this website) when you see it.
Also, attorneys are not to be in the judge’s private area, nor are they to be having exparte conversations with opposing counsel.
Joanne
So today in court I had another rarified peek at what is really going on on the 18th floor to ensure that the OPG gets every juicy case it can muster. Eminent domain, move over.
The war was escalated. They gave my client 2 weeks for discovery, 10 days to file witness lists (how can you list your witnesses when you have a 14 day discovery period???), another attorney never gave my client the order, she missed the deadline, the court today banned all of her witnesses and her expert witnesses (they were so ruthless they banned her rebuttal witnesses, imagine that), the court is running well past the 120 day deadline for a temp guardianship…..blah blah blah. The judge said she would not entertain a 183 motion for an extension of time during the last 3 court appearances.
So what did they do? they sealed the hearing and all transcripts!
you can’t make this stuff up!!!
so, by copy of this email, if the XXX is interested these kindly breaches of Illinois law have been brought to the citizens of the State of Illinois courtesy of Judge X who engages in flagrant violations of everyone’s rights. I don’t think Judge X is even pretending any more that she is running a court room and Illinois Law applies to her.
At first the senior objected to the guardianship, she didn’t want the OPG, she wanted my client as her guardian-for months she said that. But wait you can now throw that out the window. Suddenly, the GAL goes there last week and suddenly grandma objects to nothing about the guardianship and the OPG is okay and she does not want a jury trial…blah, blah, blah.
Of course, the whole family is now banned from seeing grandma again.
But it’s okay, because she has 2 new 24/7 caretakes to be her new family instead. According to the GAL she loves them and their cooking and is perfectly happy.
Dr. Shaw said she was severely demented. Go figure.
But my client is holding up. She sees it for what it is. She had her accounting (which is never good enough) and her receipts and everyone ignored those.
So now I have to fight a gag order, an appeal, etc. you name it, I have to fight it.
The best part is they banned all my clients exhibits and witnesses. I am having them all do offers of proof and since those are banned (they never even got into evidence) I’ll publish that on the blog!
The guardianship itself is a run of the mill event, so why is there even a gag order? All I can say is they must be getting very afraid to do what they are doing.
I think atty Nejla Lane, being a probate gag order victim herself, has all the motions and constitutional law, so I don’t have to repeat those.
This is a whole new level of scary for you all on the 18th floor. For me, I am not surprised and I see where the fight for justice has been heading for some time now. Since justice is not being done, gag orders will become the soup de jour.
JoAnne
PS–what is the fight over? A juicy piece of property in Wrigleyville. Seniors for cash is what it is.
Urgent need. Any amount would be greatly appreciated. Thank you very much and God Bless.
And while everyone is wondering why Mrs. Clinton decided to use personal email instead of government emails to conduct government business and is there anything hidden in those emails, we have the Illinois Atty Regn which still does not file Ethics Statements, the Office of Public Guardian that does not file and there is no reason why stated on either website (www.iardc.org) and (www.publicguardian.org) where you can view the ethics statements of all the attorneys involved in these cases.
I want to know what attorneys have contributed to the Judge’s campaigns, don’t you? I would like to know if OPG attorneys have banking or nursing home or caregiver interests, realtor and real estate interests of them and their spouses. I would like to know what income comes from any of these sources. I especially want to know any 3rd party that is paying off any loan of theirs–mortgage, auto or otherwise.
I have emailed the OPG for their ethics statement publications, so I will let you know what they say, if anything. If I don’t hear from them in a day or two I will call.
It just seems very fishy to me that neither the ARDC nor the OPG seems to file Ethics Statements, and yet both are in considerable positions of power.
The OPG publishes it’s “success stories” but it never tells of the horror stories from the families where estates were drained and the disabled person was then left penniless for years and after the estate was drained, they are left in horrible places to live where they don’t want to be, but can’t speak up because they are afraid of retaliation (a deadly 72 hour psych hold, a lock down nursing facility). These people know too well the ruthlessness and viciousness that is involved and that they could disappear without a trace in days and no one would ever care or investigate.
In Cook County, the judges hand back allegations of abuse to the abuser (Frake, Sykes, etc.) and no one cares. The real question is why and why do certain agencies not have to file Ethics Reports and when you complain to the head of the agency, pursuant to statute, they are the ones that are directing this, so nothing ever comes of your complaint.
JoAnne Denison
And now from Patrick Henry:
From: kenneth ditkowsky
Sent: Mar 8, 2015 7:45 AM
To: AARP Inc , Alyece Russell , “JoAnne M. Denison”
Subject: Elder Cleansing – silencing dissent or mention of guardians for profit
Bribes paid to fix case and elect Judge James Riley to the Illinois Supreme Court
This appears to be from Linda Shelton who has documented a number of problems in a relative’s case.
You will note that the complaint is not only at the trial court level, but goes up to the court of appeals. You will recall that Gloria complained about how all her motions and appeals were denied and although the judges were supposed to be picked at random Justice Bernstein seemed to get all the probate appeals and he denied everything. Interesting.
Many people complain about having to file numerous motions only to get them denied, and then they have to appeal, only to get denied, when the law is on their side. But I tell them this important to spot trending in what the courts are doing. It is only by finding trends that we can pinpoint what is going on, who is doing it, and then those trends can be reported to the authorities to take action.
Keep the faith that justice will prevail.
Joanne
MaryGSykes.com 