The day after 9/11/15 — I submit that elder cleansing is worse than 9/11

Please have prayers for Randy and Gayle Robinson, Alan Frake and Iwana Lahoody.  All of these seniors are at risk of death, being in the hands of court appointed abusers (Frake and Lahoody, Illinois) or may be turned over to abusers (Gayle Robinson).  As we all know, and the ARDC has worked hard to cover up and stop this blog and stop me (but I and Ken and Mr. Amu will not be stopped), is the target-medicate-isolate-drain the estate- quietly eliminate and then cremate scheme.

Please explain to me how Mary Sykes, a staunch Roman Catholic, was put in hospice, narcotized to death when the money ran out (as predicted) and the ARDC still helps the courts and court appointed attorneys (Farenga, Stern, Schmeidel) cover up all this blood on their hands?   How did Mary end up spending $90k on a nursing home and the rest on attorneys fees when she stipulated in her advanced directives she never wanted that.  Did it take TWO gals for over 5 years Stern and Farenga to cover all this up.

Her home was sold for pennies on the dollar–to an Illinois real estate corporation.  These people don’t live there and don’t care about Mary or the neighborhood.  They just came in to grave dance.

Stern, Schmeidel, Farenga, Soehlig–all excellent examples of the many, many grave dancers in YOUR probate courts.  Not to mention the judges that support them–Stuart, Kowamoto, Quinn, MacCarthy–all handing back reports of death and abuse right back to the abusers “to investigate”.

As it started back in 2012 with Farenga’s letter to the ARDC begging them to investigate myself and Ken and never, never investigate her.  That’s exactly what they did.  They brought in Stern, Farenga and Schmeidel to testify against us, and in my trial, they ignored all the family member who would have testified that Mary was in fact competent in 2009 as show by the numerous videos of her on the internet (banned at trial and in probate), that she played canasta in Dec 2009 and beat the pants off everyone (banned testimony by Scott Evans).  The cover up continued with the uninvestigated disappearance of $1 million in valuable coins.  Where is the video from that day?  Who is holding up discovery on that one?  Why does not Jerome Larkin, Sharon Opryszek and Leah Black do their jobs and investigate.  How can Steven Splitt call himself an “ethics professor” when he has the absolute worst ethics of all, being a puppet of the ARDC?  What does he think he’s doing by all of this?  No one believes him.  These people live in a fantasy world of power and wealth and lies and deception.  Ethics Professor?  More like “justifying ethics of murder” professor.

Stern, Farenga, Schmeidel, the judges and the ARDC–all grave dancing.  Grave dancing on:  Carol Wyman, Dorothy Baker, Dolores Bedin, Lydia Tyler, Rose Drabik, and now poor Mary Sykes.

Who will put an end to all of this and STOP MURDERING SENIORS through the probate system and our court system.

from Ken

To: “newseditors@wsj.com” <newseditors@wsj.com>
Cc: Probate Sharks <verenusl@gmail.com>, “JoAnne M. Denison” <joanne@justice4every1.com>, Tim NASGA <timlahrman@aol.com>, Nasga Us <nasga.org@gmail.com>, Matt Senator Kirk <matt_abbott@kirk.senate.gov>, Eric Holder <askdoj@usdoj.gov>, “FBI- ( (” <civilrights.cv@ic.fbi.gov>, Chicago FBI <chicago@ic.fbi.gov>, Kenneth Ditkowsky <jdit@aol.com>
Subject: A day after 7/11/2015
Date: Sep 12, 2015 7:25 AM
Why the media is disinterested in the judicial corruption that is mated to elder cleansing is a mystery.
Donald Trump, whether you like him or not, is the most famous man in the United States.    Even though he has millions (or maybe billions) to spend he gets more publicity than the President.    Every word he utters draws headlines no matter how absurd, ridiculous, or just plain stupid.    Worse yet it is debated and rehashed by even the intelligent talking heads until every morsel is chewed and digested.     Why is this occurring?      The public is fed up with being lied to and deceived.     We hunger for a straight talking John Wayne character to come to the fore and rout the miscreants who are leading the charge to make America’s core values “up is down” “down is up”  “right is wrong”  “wrong is right” *****
Trump has demonstrated that even though the mainstream media is mired in the muck of business as usual and ignoring even overt criminal activities on the part of its political favorites and causes, it cannot ignore the notoriety and circus that “sells newspapers.”    Avarice is a strong modifier.      Advertisers want their message to get out so that they can make money or so that they can extend their influence.    The fact that old people are being exploited, abused, isolated and murdered is not exciting or something that the public wants to hear of.     We know that ***** (fill in the blank with any political name picked at random) is a crook!     We know **** lies thru his/her teeth!    By ****’s opponent is slightly less of a crook and his/her lies are fresh.
Sex and violence also sell to the media.    The elderly and the disabled are not sexy.         However, government collecting the tax money that it is owed by Jerome Larkin and his 18 USCA 371 elder cleanser co-conspirators has a certain sex appeal.     Grabbing the theme of let’s make a new religion out of the corrupt political and judicial predators and strike a blow for the elderly and the disabled we do have a message that can sell newspapers.
The Woe is me crowd and the throw the baby out with the bathwater crowd that are the allies of the elderly and the disabled who have been targeted by the corrupt jurists, corrupt judicial officials, and corrupt political thugs need a new makeover.        How that is done I have absolutely no idea, but we are in a war and we are losing.     Every day the criminal miscreants of the 18 USCA 371 Jerome Larkin conspiracy are winning.     The Illinois Supreme Court determined that the First Amendment, the Rule of Law, and the core values of America aside,  JoAnne Denison calling for an HONEST investigation (of elder cleansing)  was a danger to the public.      If such an event had occurred in North Korea the ACLU, AARP, and every civil liberties group would have been hysterical with outrage.      Here in America it got zero major media coverage, no outrage, and the poison pill was swallowed as if it were an antibiotic.     The criminals responsible for this outrage received pecuniary rewards!     JoAnne had her livihood taken from her.      (These are the same criminals who denied a lawyer of color his civil rights for speaking out against corruption, and a civil rights leader a seat as a spectator at a kangaroo hearing involving Ms. Denison).
It seems to me that with all the brains that the families, friends, and victims of ‘elder cleansings’ possess we ought to be able to ‘trump’  the Donald and the miscreants and get an HONEST investigation of the 18 USCA 371 conspiracy to violate 18 USCA 241, 18 USCA 242, the Americans with Disabilities Act, the Bill of Rights, ****.     An election is coming up!
NB:   Jerome Larkin’s false averments as part of his cover=up of the holocaust like judicially sanitized Mary Sykes, Alice Gore **** cases are fertile examples of very serious judicial corruption.      The breaches of fiduciary relationship that Larkin’s 18 USCA 371 conspiracy seeks to ‘cover up’ is corruption of biblical proportions.     The arrogance of power exhibited in the Gore case and the disregard for due process and civil rights in the Sykes case are intolerable and as both ladies died as part of the criminal activity clear 18 USCA 242 felonies.     In my opinion Larkin’s indictment and prosecution for his personal actions would send a chill through the establishment that protects the ‘health care frauds’ and *****.
Advertisements

From Dan Devine–an article on protecting seniors

Protection of elder rights 24 hours a day

By Richard Devine
Cook County State’s Attorney
Our job as prosecutors isn’t always easy. We not only deal with heartbreaking violent crimes, we also run across clever con artists who deliberately target victims because they’re elderly or vulnerable. We’ve seen caretakers who mistreat their charges pitifully—and steal from them in the meantime. We’ve seen cold-hearted cases of financial exploitation. And we’ve seen home repair fraud schemes that operate almost like corporate firms. A recent Sun-Times series outlined the kinds of crimes I’m talking about. I’m sure some of you read it. If you did, you learned that what we handle isn’t often pleasant. The cases are sometimes pathetic, and sometimes our work is tragically sad.
Recently, though, I had an unusual task — much nicer than the normal routine. This time, it was my job to hand out money. Let me tell you about it. It involved a case that had more than 100 victims. The victims were all elderly, and none of them were rich. But each had made at least one solid investment in their lives: they each owned a home.
As I said, they weren’t rich. Their houses were often small and deteriorating. Some of these men and women had lived in their homes for decades. Their houses didn’t look like much, but they were the only real assets these people had. And then those homes became the target for a clever ring of con men.
The con artists worked out of two companies. One was Senior Citizens Remodeling, Inc. The other was the Senior Income Reverse Mortgage Corporation. They approached homeowners one by one and convinced them that they could improve the value of their homes. The sales people were well spoken, sophisticated and persuasive. They spoke of new roofs, brand new garages, new electrical and plumbing systems. They convinced the victims to take part in a federally funded “Reverse Mortgage” program. That program allowed the homeowners to borrow against the equity in their homes.
Then, when the loan checks came, the con artists stepped in and took the money up front. They promised to do repairs and renovations. They promised to make things better and increase the worth of the old homes. But they never showed up to do the work. Or if they did, they often did the jobs only halfway, or worse.
The owners were trusting. At first, they thought they were making a smart move. Slowly they learned they were wrong. They started calling the company, again and again and again. They did what they could, but they got nowhere. To their detriment, they had believed the promises and they were left with nothing. There was another part to the scam.
When the mortgage company arranged the loans, they charged lender fees that were out of line and above federal limits. In most cases, the victims never even knew it. But I’m pleased to tell you that that’s not the end to the story. When we got wind of the con, our office went to work. We took action against both the remodeling company and the mortgage company they worked with. After long months of legal work, we reached a settlement with the mortgage company early last year. That settlement for $200,000 was paid.
Then, later in the year, we reached a settlement with the remodeling company, too. The scam company was ordered to pay full restitution to its victims, and $50,000 in fines on top of that. After that, our office had another job to do. We sorted through the evidence to try to find all the homeowners. By the time it was over, we’d found 164 elderly people who’d fallen victim to the cold-hearted scam. Next, we had to figure out how much money the con artists scammed from each one. In many cases, it amounted to thousands of dollars. The best part came last.
Last month, it was my job to start giving the money back. That was a pleasant task. We got a lot of smiles and a lot of thank you’s. One man, who is 82 years old, joked about it. He told me he didn’t like the scam companies, and was glad to see them go out of business. “I like YOUR company,” he told me.
Of course, our office isn’t exactly a company. But we try to operate in a business-like way. And we try, whenever we can, to protect the vulnerable and the elderly. To do so, we’ve taken up new legal tools and a new system of organization. Three years ago, we reorganized. We created a special “Seniors and Persons with Disabilities Division” made up of experienced felony trial attorneys. The attorneys rotate duty so that someone is on call 24 hours a day.
These specialized prosecutors handle their cases vertically. That means they go to work when a call comes in from police and work the case from beginning to end, from the preliminary hearing, to trial, all the way through to sentencing. It may be a financial exploitation case, a case of abuse or neglect, or a violent crime. Whatever the case, we find that elderly victims are more comfortable if they can rely on one attorney throughout. It takes away some of the intimidation that courts can cause, and it’s worked. We’re proud to say that our new division had a conviction rate of over 90 percent last year.
We also have specialized personnel in our Victim-Witness program, who help guide elderly victims through the legal process. When it’s needed, they offer transportation and other assistance as well. Beyond that, our office drafted new laws to fit the crimes. We’ve written laws that help strengthen the testimony of older victims, and we drafted groundbreaking legislation that tackles identity theft, another crime that often hits the elderly. We’re doing what we can to protect the vulnerable citizens of this city.
As I said earlier, the job can be sad. And it can be frustrating, but not always. I’d like to finish by reading you a letter we got after we handed out those checks last month. This was from a man named Harlan Naas, one of the victims in that home repair fraud scheme.
“Thank you for making my holiday season the happiest in a long time,” he wrote. “I am age 81, undergoing cancer treatment, and had less than $100 to spend when the $3,200 check arrived.”
That’s why we do what we do.
Please remember that at the State’s Attorney Office, it’s our job to protect you. If you believe that you or someone you love has fallen victim to fraud or exploitation, please contact us. It’s our job to do what we can.
********

\

I just wonder where Atty Devine was when we asked the states attorneys offices to protect Mary G. Sykes.  Instead she was fleeced of hundred of thousands of dollars–which the attorneys said would be used for her care–but it went to the attorneys!   She was guardianized and railroaded into this “crime” without due process-no evidence of service of process with Sheriff Dart and it was a done deal with Adam Stern and Cynthis Farenga and all Mary’s rights were gone, she was stripped of her home, her nearly $1 million in valuable coins (and discovery was suprressed on those at my trial and by the probate court whenever the GAL’s Stern and Farenga said so, or Harvey Waller or Peter Schmeidel said so.  My trial was a joke with the Tribunal believing every dumb thing out of the mouths of Judge Jane Louis Stuart (who lied on the stand and was subsequently forced in the sudden retirement, likely by the FBI), now Aicha MacCarthy who was on the bench on this case when Mary G Sykes was narcoticed to death, placed in hospice and on drugs despite being a staunch Roman Catholic who put in her last POA to prolong her life by all means.

Where is the hue and outcry over the death of one lone woman from Norwood Park neighborhood in Chicago, her home sold by the probate flying monkeys for pennies on the dollar, stripped of her all her rights, isolated from 20+ former friends and family.

I understand that the Catherine Falk Organization is getting the Aging Parental Reunification Law passed in Utah right now, please pray for them to get this done.  I believe in California it is on the Gov’s desk for signature.  Please pray it is signed right away.

In the case of Gloria Sykes, she is now dead, being narcoticed to death, no funderal, no announcements, no obituary, embalmed while the Guardian waited.  No tox screen, no autopsy.

What about the other seniors.  At least Mary has quite a few voices–Gloria, Kathie, Ken, myself and others–willing to go to the ropes and beyond for one little old lady we knew and loved well.  But there are others–Ms. Lipinsky’s mom was narcoticed to death after she plead with Ms. Lipinsky, a beloved daughter not to leave her with the evil sis, but Ms. Lipinsky had to, there was a court order.  Not long after her mom too was narcoticed to death “in hospice”, and the sis made sure there was no tox screen, no autopsy and no questions, a quick cremation.

please pray for the below bill:

http://www.catherinefalkorganization.org/wp-content/uploads/2015/06/Peter-Falks-bill-NY.pdf

And if you get a chance, go to their website and show your support

Another good story to read is on the dangerous of psychotropic meds and how they are frequently used in nursing homes far too often and generally as chemical restraints.  Of course, none of this is legal in Illinois where the patient has to give consent to the use of such drugs, warned of the side effects and given alternatives, but it happens all the time, so please be aware and protect your loved ones.

http://www.news10.net/story/news/investigations/2015/06/17/45-area-nursing-homes-rate-below-average-for-the-use-of-antipsychotic-drugs/71258022/

From Gloria Sykes today–the IARDC decision against Ken Ditkowsky was wrong and not supported by the facts

Dear Ken,

 
I am most saddened by how the IARDC has treated you and the ISC has sanctioned such treatment: when I saw my Mother on the 22nd of June, 2013, I told her you too were trying to help her.  As you know, she contacted me I believe in Feb. 2010 and begged me to “find” you and “hire” you to “save” her life.  The conversation is stoned in my memory: if you need money to pay (attorney), my Mother told me, take it from my mattress. The next day the mattress was gone and so was the at least $20,000 cash (mostly $100 bills).  You are correct that there is a pack of attorneys who parade around on the 18th floor empowered by a few judges who do what needs to be done to protect them.  For at least 4 years I have learned a lot about this Cottage Industry of Attorneys, complete with Guardians Ad Litem, who use the Probate Division to launder money.  It’s easier than you have described.  
 
As you know every year the court appointed guardian must provide the court with an inventory of the Ward’s assets.  In the Sykes case, Carolyn Toerpe would claim, for example, she paid the property taxes, insurance and mortgage on Mother’s home.  I would object and provide the Court good evidence that the taxes, insurance and mortgage was not paid (in this case, mother’s home was put into foreclosure).  The amount of money equaled at least $18,000.  Judge Stuart role plays so the record gives the impression she gives a damn, but after putting Toerpe under oath and asking a series of question to her, she would then allow GAL Stern to ask questions too.  Satisfied that Toerpe paid the mortgage, property taxes and insurance on the home, approves the inventory: no proof of payments are required.
 
Another example is medical expenses.  My mother has very good insurance with Blue Cross Blue Shield and of course Medicare.  However, one year Toerpe inventories medical and medication expenses totaling at leas $10,000.  I objected, providing the court proof that mother has insurance coverage for all of the medical, dental, and pharmaceutical expenses.  Again, the show goes on: Judge Stuart places Toerpe under oath asks a few questions then Adam Stern (GAL) asks a few questions, and the inventory is approved.  Two years ago Toerpe got approved $5000 to pay for dental and new partials for my mother and yet when I saw her on June 22, 2013, her teeth were rotting and she had no front teeth and could not chew.  The loss of weight and rotting teeth evidence no new partials were purchased and the money Toerpe claimed when for my mother’s dental care, was not spent on mother’s health.  Mother has had pyorrhea for most of her life and she had great dental care and healthy teeth until she was forced under Toerpe’s care.
 
This is how the money is laundered under the nose of the Judges and with the Court’s rubber stamp.  One last fact.  My mother’s home was worth at least $425,000: Toerpe sold it for cash for $238,000. Not one penny was inventoried. The home and mother’s assets were a part of a Living Revocable Trust — 
 
Stern, Farenga and Schmiedel admitted under oath that they were paid attorney fees from mother’s assets: Stern $15,000: Farenga $15,000 and Schmiedel $12,000 with Schmiedel testifying that mother owes him and the law-firm of Fischel and Kahn where he is associated yet another over $200,000 (the exact amount he stole from my medical funds/bankruptcy estate from the Lumberman’s settlement).  The law of the Probate is that the attorneys and GAL’s must file fee petitions within 90 days — there has never been any fee petitions filed — until now.  Since the Court converted all of my assets to my bankruptcy estate into the possession of Toerpe and granted Stern, Farenga and Schmiedel to file fee petitions *****
 
So for the sake of this email, let’s do the math. In plain sight, at least $500,000 cash has been laundered through the Probate case of In Re. the Estate of Mary G. Sykes.  Half of it is my money!  Mother had gold and silver coins in the US Bank safe box, but I had at least $350,000 of my own coins stored in the safe box.  Mother had her will and new trust in the box with a laundry list of who got what?  Toerpe did not inherit any of the coins from Daddy or All Bibby — Al Bibby gave me all of his coins.  Daddy left his to Mother and me and Mom left me as the sole beneficiary to the valuables in the box.
 
But the Probate Court is able to live above the Law and so the Cottage Industry of Probate attorneys and guardian ad litem’s are empowered to launder the estates of the elderly, disabled and all people, such as myself, who dare to stand up and say, “No. You can’t do this”.
 
 
I don’t mean to sound so cavalier, Ken, but the end game is always the same in these situations, and I need to stay focused on my next move(s): the end game being that once Stern, Schmiedel, Farenga, and Toerpe have all of Mother’s money (which they already do) and all of my money and assets, which they almost do, then they will either over medicate or suffocate my mother.  Although my mother has her last resting place paid for at All Saints Cemetary in Morton Grove, I am certain Toerpe will cremate her, sell mother’s site (will get at least $15000) and bury mother’s ashes next to her mother (grandma) where there is a lot available. This was of course not my mother’s wishes, but thus far, none of my mother’s advance directives have been acknowledged — and clearly it was my mother’s wish, desire, and intent to have an order of protection placed on Toerpe which would have prevented Toerpe from doing all that she had done.
 
I imagine Ken that had Schmiedel, Stern, and Farenga won the sanction claim against you (the appeal) they would have been each many thousands of dollars happier — and, would have done to you to other attorneys who tried to step in and help the elderly and disabled. That said, now the IARDC and the ISC has sent a clear and loud message to any attorney who would do the right thing, to not accept a probate case where the alleged disabled person has wealth.  It was a sad day for me, and I know my mother, to learn that you have been suspended from practicing law — but it’s a sadder day for all of the people of Illinois knowing that we have no protections from a highly active and aggressive cottage industry of attorneys who are empowered by the IARDC, ISC and of course the Probate Judges who wish to partake in the laundering of the well-earned assets/money of the elderly and disabled.
 
 
Gloria Jean Sykes 
Bon Ami Productions, Inc. 
BELIEVE (BeLive) LLC
773.910-3310(cell)
 773-751-1310 (fax)
855-376-0040 (business)

 

From Ken Ditkowsky — Still fighting for Mary G Sykes’s human and civil rights

From: kenneth ditkowsky
Sent: Mar 27, 2014 10:48 AM
To: Eric Holder , Marty Prehn , “PRESIDENT@messages.whitehouse.gov” , matt senator kirk
Cc: Tim NASGA , NASGA , Diane Nash , probate sharks , Jo Anne M Denison , Cook County States Attorney , “sheriff@dupagesheriff.org” , Cook Sheriff , Harry Heckert , j ditkowsky , GLORIA SYKES
Subject: The WAR ON THE ELDERLY AND DISABLED

To:  Attorney General Holder
Dear General Holder,
A friend referred me to the following:
(2) Money laundering and related financial crime.–The term “money laundering and related financial crime”–
(A) means the movement of illicit cash or cash equivalent proceeds into, out of, or through the United States, or into, out of, or through United States financial institutions, as defined in section 5312 of title 31, United States Code; or
(B) has the meaning given that term (or the term used for an equivalent offense) under State and local criminal statutes pertaining to the movement of illicit cash or cash equivalent proceeds.  31 U.S.C.A. § 5340 (West)
Reviewing the abusive guardianship cases across the United States a common pattern exists.
1) a senior citizen is railroaded into a guardianship.    In our posterboard case, it is Mary Sykes.   The provisions of 755 ILCS 5/11a – 1 et seq.  have been ignored in the effort to obtain control over the body and the property of the victim.    It should noted that mostly seniors with substantial assets are targeted.
2) a senior citizen is stripped of his/her assets.     These funds disappear into the ‘cloud!”      The funds obtained by the perpetrators are clearly illicit.    Except for Mr. Jerome Larkin and the Illinois Attorney Registration and Disciplinary Commission few public officials have been know to defend the people (in this case attorneys) who act either for themselves or associates to garner control over the funds of the elderly and thereby either enrich themselves of others.    In the Sykes case over a million dollars in collectibles (gold coins) was taken from a safety deposit box and never inventoried.
3) Obviously these illicit funds are moved – in the case of the elder cleansing victim the movement is to the pockets of the favored.
Thus, the definition is met.     General Holder = Do you agree?
Do you agree the RICO statute concept applies?     Are the proceeds obtained by the abusive guardianship and the corrupt courts such illicit funds so as to be mony laundering?      Do you agree that the usurpers have to address the Federal and State Income tax laws – the breach of fiduciary relationship is a taxable event – but forfeitures (civil constructive trusts) etc.    Pursuant to 18 USCA 371 a broad brush is appropriate as the only way for a Democratic Society to win the War on the Elderly and the Disabled is to make it pecuniarily unattractive for the bad acting guardians, judicial officials and those who aid and abet them in the struggle.
Getting down to specifics.    1.5 million dollars was exhausted in a few short month in the Alice Gore estate.    (We have no valuation on the gold fillings in her teeth!).  Someone owes to the United States of America taxes and penalties on those funds.   Somehow these illicit funds were translated in an expensive home for ****, etc.   According to the definition this is money laundering.   The culpable people engaged are:  1) the plenary guardian, 2) the guardian ad litem, 3) the judge who assisted the enterprise by entering orders that she knew or should have know were reasonably calculated to separate the family of Alice Gore from Alice Gore.    In addition the IARDC people who fended off Ms. Gore’s family’s complaints are part and parcel of the scheme.     A similar situation occurred in the Sykes case.    This time Mr. Larkin and the IARDC were more overt ****
I do not know if the $60,000 Federal Tax Lien placed on Adam Stern relates to his activities in the War on the Elderly and the disabled, but it that were to be related let me thank you on behalf of the Sykes family, the Community in which Mary Sykes resided before she was taken hostage for this positive step.
The Congress and the Legislature have provided the tools to address this official corruption – What we need now is an Honest intelligent complete and comprehensive investigation by a Grand Jury of the Alice Gore/Mary Sykes/ Tyler, et al Estates.
Justice for the elderly is wasted when it comes after death!
Ken Ditkowsky

www.ditkowskylawoffice.com

From Lanre Amu–his Supreme Court Brief

Dear Readers;

Please take a look at the following:

Mr. Lanre Amu did a great job on his brief to the SCOI, and in his brief he mentions “First Amendment” rights about 20 times and he also carefully lays out the facts of why he is alleging corruption against 5 judges.  He is also following my advice to investigate, investigate, investigate and turn it all over to the authorities.

Now, the obvious problem with all of this, if the ARDC is limiting one’s right to evidence (Mr. Amu finally mentions the fact he served notices for the depositions of the 5 judges and his Notices of Deposition were all quashed.  Then he served 5 trial subpoenas and those were all quashed), then what’s a poor black immigrant to do?

In my case, I took the depositions of Gloria Sykes, Scott Evans, Kathie Bakken and Yolanda Bakken. The IARDC failed to show up and just claimed the Notices “weren’t good enough”.  I offered they could come back and cross examine, but they refused.  Nonetheless, they continued to claim “discovery violation” to the Tribunal.  To add more insanity to their behavior, they repeatedly wanted to strike the depositions, but then they used them at trial!  MPD anyone?

There are many similarities.

Now all that Mr. Amu has to do is cite the 5 major cases that are in his favor with respect to First Amendment rights and he will be there:  Peel/Ibenez (advertising credentials on letterhead okay), Citizens United (strict scrutiny standard for curtailing political speech), Loving v. IRS (IRS has no jurisdiction/authority to regulate), Brown Entertainment (Violent video games unrated okay), Gentile (statements made during press conference by attorney protected by First Amendment)

Optional, excellent cases: Alvarez (false Medals of Valor protected by the First Amendment); Virginia Bar Assn v. Hunter (truthful statements regarding attorney’s criminal law blog cases protected by First Amendment), Karavidas v. IARDC (attorneys private activities not within authority of ARDC to discipline), etc.

The only thing Mr. Amu needs is a few cases and he will be there.

During my trial, the ARDC cited and gave me copies of their cases which were not appealed to the SCOI or SCOTUS.  On the otherhand, we did not need any case copies because everyone should be aware (esp. if they are a lawyer), of the First Amendment case which have issued from SCOI and SCOTUS.  These should be famous cases and all lawyers should be familiar with them.

Only a lawyer has the unique ability to spot when law, procedure and case law is not being followed in the courtroom.  To report these activities promptly and substantially accurately protects the public and other lawyers from being sandbagged by miscreant behavior in a court room.

We have two very important rights in this country.  The first is access to free, open and democratic courtrooms, the second (and esp. when that first right fails), is access to a free, open and democratic media.

And being in the media is no piece of cake.  But the reality is, certain individuals, by their own actions foist themselves into the media and public light.  Certainly a judge foists themself into the public light and especially those that are elected.  Next, are the behavior of attorneys in the courtroom.  There has been plenty of negative publicity about many, many lawyers in the courtroom in highly visible cases.

When one starts to judge speech in a courtroom, as Atty. Nejla Lane said during my ARDC trial, the court automatically becomes biased in favor of one side of the story.  At that point, the court automatically loses its credibility as an impartial, blind judge of facts as applied to law.  Accordingly, by its very nature, speech is nearly impossible to regulate.

Take a look at the following case which many are urging Mr. Brewington to take his case to the Supreme Court of Indiana and I hope that he does:

http://scholar.google.com/scholar_case?case=15376113416450889254&q=Brewington&hl=en&as_sdt=4,15

In this case, Mr. Brewington hired a child evaluator (psychologist) and agreed to have him evaluate his family situation during a custody battle.  When Mr. Brewington didn’t like the report, he then sent the doctor many communications letting the doc know in no uncertain terms what Brewington felt regarding the report and he created a scathing blog.  But he did not threaten the doctor with physical harm or any crime against person or property.

The trial court found Brewington committed the crime of “intimidation” with “threats” based upon the following definition of “threat”:

The (Indiana) General Assembly has defined a “threat” as:

an expression, by words or action, of an intention to:

(1) unlawfully injure the person threatened or another person, or damage property;

(2) unlawfully subject a person to physical confinement or restraint;

(3) commit a crime;

(4) unlawfully withhold official action, or cause such withholding;

(5) unlawfully withhold testimony or information with respect to another person’s legal claim or defense, except for a reasonable claim for witness fees or expenses;

(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;

(7) falsely harm the credit or business reputation of the person threatened; or

(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.

Ind.Code § 35-45-2-1(c). Whether conduct amounts to a threat is an objective question of fact for the jury to decide. Owens v. State, 659 N.E.2d 466, 474 (Ind. 1995).

Now, I don’t have a problem with the above, except no. 6.  No. 6 is purely criminalizing trash talk and it’s completely subjective.  The last sentence regarding what amount to a threat which can possibly be objective is purely outrageous.  There is absolutely nothing about speech that is “objective”.  Objective is a litmus test, evaluating speech is a matter of preference, bias and prejudice.  To deny that is to engage in day dreaming.

So, poor Mr. Brewster let the doctor know he was unhappy and demanded the doctor change or retract the report.  That was the basis for an “obstruction of justice” count.  It was opined that a scathing blog and string of faxes and letters would prevent the poor doc from coming to court and taking the witness stand.

Let’s go back and read in between the lines here.  We know that probate and divorce courts have their “go to doctors” where you simply get the opinion you want based upon the name of the doc.  Most of the time, therefore, the courts keep “private” or “proprietary” lists.  Even the New Mexico state legislature has had problems with court connected psychologists, such that, in 1995 they were able to pass a bill in the senate that they dress like wizards prior to testifying (true story, check it out):

http://overlawyered.com/2012/01/dressing-psychiatrists-like-wizards-on-the-witness-stand/

the bill stated:

When a psychologist or psychiatrist testifies during a defendant’s competency hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts. Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant’s competency, the bailiff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong…

Perhaps Mr. Brewington should have repeated this story in opening argument or closing.

Mr. Brewington’s story is indeed troubling. Let’s hope he appeals. With respect to emails and faxes, I know where the block feature is, where the delete key is and once in a while I might use those, but most of the time, I ignore/do not read trash talk and tell the sender they are wasting their time. That’s my constitutional right.

For an upbeat story on Free Speech rights, try this case from the Indiana Supreme Court where an apparently drunken woman told the nice police officer in a loud voice where to go and what to do.  The Indiana Supreme Court said the speech was political and protected by the First Amendment:

Price v. Indiana

http://www.leagle.com/decision/19931576622NE2d954_11518.xml/PRICE%20v.%20STATE

The court upheld the drunken woman charge but struck down the other charges of resisting arrest and obstructing justice for her speech.  Apparently she said “F U, I didn’t do anything wrong.”  I wonder if the Indiana Supreme court knew that if you said that statement was in and of itself obstructing justice and disorderly conduct, the Indiana prisons would soon be full to the busting point!  Isn’t that what everyone says or at least thinks at the time of arrest?

This was a 1993 case and I wonder if free speech rights are simply eroding.

Mr Amu’s recent brief can be found here:

https://drive.google.com/file/d/0B6FbJzwtHocwOUhueld6RHp4Z2s/edit?usp=sharing

But my hero right now is Indiana’s first lady of loud, drunken, obnoxious speech, Ms. Colleen Price.  “F U, I didn’t do anything wrong” as she was being arrested.

You go, girl.

From a probate victim writing a book, should we mince words?

Dear Readers;

I had a probate victim write me to day and ask the ultimate question–should I mince words.  She opined no one would believe her story, and many probate victims ask if they should write their stories as works of fiction.

My answer.  Heck no!  If you are indeed a probate victim, believe it or not, your story is a precious gift, and you must tell it, if you are a writer or if you know a writer.

And of course, Ken and I must ask ourselves constantly in light of threats from the ARDC, certain attorneys and court, that we must not reveal publicly some shameful behavior we have observed in and out of the courtroom, and we should not tell our truths as we see it, putting aside the Bill of Rights and our First Amendment rights to reveal this insidious evil–the trashing of civil rights and human rights of disableds.

But I always, always ask the Divine Ones for the answer–not the confused, lonely and corrupted souls on this earth about where I need to go and what I need to say, knowing I can have the protection of 1,000 angels, something NOT available to them who hide in fear chasing greed and money.

See my answer to her below.

JoAnne

Dear Friend;

You asked if you should change your book so that it is 1) more believable; 2) more politically correct; 3) less harsh and not your true feelings.  My answer to you is no, no, no.  You must speak your truth and no one else’s. It does no one any good for you to not speak up.  I believe there is a plan and purpose for everything.  You defeat the purpose and plan when you do not go where your heart tells you to go and say what your heart tells you to say, honestly and completely.  It is not up to you to mince your truth because you are afraid, you think the recipient might not take it so well, etc.  You have to put those fears aside and still speak your truth.  It is your truth and not someone else’s.  No one is here to judge you, so let that one go.  The righteous will stand by you and those that are still learning but cannot yet comprehend or stand the truth, will fall away.  You will see.  Your only job is to go and deliver and go and speak out.

 Review the Sarah Barrielles song on this point.

lyrics are at http://www.metrolyrics.com/brave-lyrics-sara-bareilles.html

what does Ms. Sarah have to say on these points?

You can be amazing
You can turn a phrase….. you can start speaking up
Nothing’s gonna hurt you…..(but)
Kept on the inside and no sunlight
Sometimes the shadow wins

There are other songs on this point, but she is right.  Don’t hold it in, get it out.  Speak your truth, your justice–what you need to say.  The only danger is in not speaking up and out.  Not speaking your truth and holding it in, clogs up your throat chakra!
But I wonder what would happen if you

Say what you wanna say
And let the words fall out
Honestly I wanna see you be brave

the people that don’t speak out and don’t say what needs to be said, are all too common.  There are millions of them. But those that are the best will speak out against injustice, evil and greed.

Everybody’s been there, everybody’s been stared down
By the enemy
Fallen for the fear and done some disappearing
Don’t run, stop holding your tongue

and we’ve all done it.  we’ve all walked away when we should have said something, done something, written something.  But you can make up that karma today.  Today is a new day to do something about this.
Maybe there’s a way out of the cage where you live
Maybe one of these days you can let the light in
Show me how big your brave is

And this song goes on with more truths and more sustenance for the soul, most notably:

And since your history of silence
Won’t do you any good
Did you think it would?
Let your words be anything but empty
Why don’t you tell them the truth?

I don’t think I could have said it better.  I know too many probate victims, downtrodden, fearful, maligned, beaten up, abused–who will no longer speak up and out.

Time to stop that nonsense.

On the days when you cannot speak out, publish on a blog what you want to say, please listen to the song Brave by Sarah Bareilles.  She packs a whole lot of wisdom into one 3 minute song.


(they actually play this in the church where I go)

You have been given  a great gift of a life and karma that no one else has.  You survived it.  It’s your experience and only you own it.

Reach in your heart and then write what your heart tells you.  It is actually your obligation to deliver your truth.  It is not up to you to figure out how the recipient takes it or if they like it, believe it or will stand up and support your need for righteousness.

If you write so that you are not speaking your truth, then you haven’t learned this lesson and there will be more lessons.

You have been given a precious and valuable gift, whether you know it or not.  Now you have to tell your truth.

I will for sure promote your book and anyone else’s that tells these stories properly, with the unvarnished truth.

Thank you for all you do for the probate victims.

I wish you many blessings, peace and love.

JoAnne

Copyright notice:  the above lyrics are used based upon a license found at:

https://www.sonyatv.com/index.php/contact which allows for use of Sony/ATV lyrics for personal/noncommercial use on blogs and in other manners.  This is a non-commercial blog which is not sold or otherwise distributed.

Today’s hearing–Fun and games with lies and more lies.

I really don’t know where to begin with today’s hearing–it was truly amazing.

First of all, and I truly have to congratulate Gloria, she finally filed some version of a Motion to NonSuit or Dismiss based upon Lack of Jurisdiction (Sodini)!  I don’t have a copy of it yet, but I hope she sends it to me soon for posting.

Yeah!  You go, Gloria.

Well, after that first stab with a nice large kitchen knife on the most obvious scab to pick with this court, you wouldn’t believe the out right lies that followed.

First, came the admonition from the Judge that it was her understanding that the issue had been dealt with by the court before, and she turned to Adam Stern and asked him if that was true.

AS replied that it had been brought up numerous times before and it had been denied. (Big lie no. 1)

PS then chimed in with how he brought it up in an appellate brief, he recalled writing the argument, and it was denied on appeal (even Bigger lie no. 2)

Gloria then tried to point out the appeal was dismissed for formatting issues, margins and number of pages, but the court kept on cutting her off and telling her “not to speak”.

The next topic they talked about before, during and after the testimony was PS constantly telling the court that Gloria’s testimony and exhibits had been barred because she did not send them to PS on time. (Medium size lie no.3 I’m giving it a medium on the lie because Gloria should have filed it with the court, she only emailed it, so I’m downgrading the lie.  JMHO)

Again, Gloria was repeatedly shushed up when she tried to counter with she had the dated emails she sent them on time and there was no such court order.  (Go ahead and look at the table of transcripts, documents and orders on this blog.  I don’t even think there was a motion in the file, let alone an order, and all motions by rule must be in writing and proper notice and service must be given).

And of course, you know me.  I just couldn’t resist plunking down $21.75, sweet talking my friend behind the Probate imaging and printing counter in the Probate files department for a current copy of all imaging of orders going back to January 2011 or about 21 months.

Guess what?  No such orders exist!  None.  No orders saying any Motions to Dismiss were filed and heard and denied, and no orders saying Gloria’s testimony and exhibits were barred.  ( I will post the packet in a bit and give anyone $1000 if they can find any such orders).

So, while Gloria was grilling Dr. Shaw a new charcoal crust on his liar’s sandwich consisting of multiple layers of pure baloney (he was testifying he saw Mary in 2012 but she was incompetent in 2008 to sign a settlement agreement after Mary met independently with a lawyer the day before, yeah, right, that testimony can’t be transcribed either), I was downstairs getting a current printout and receipt for all orders entered since January of 2011.

I bring that back upstairs, and have Gloria take it to the bench and present it as a minor “clean up matter” (when in reality it was a load of you know what looking for a fast moving fan).

Gloria proceeds to inform the court she just received a packet of all the court orders going back to January 2011 and there are no orders in there 1) denying any motion to dismiss for lack of jurisdiction; 2) there is no order denying her the right to put on witnesses and her own exhibits.

Gloria says she has the emails containing a list of witnesses and exhibits and it was emailed to PS on time.  If she can find that to show PS is liar, I will post it.

While the Judge did admonish AS that he was the “eyes and ears of the court”, he swore to get the order barring Gloria’s witnesses and exhibits as untimely.  Gloria swore she never got a copy of the order, and I have to believe her because it’s not in the court’s paper file and it’s not on the court’s official imaging system.

Gloria told the judge she had no transcript from the prior court dates because all she gets is excuses when she orders them.  She does not have Shaw’s prior testimony, she does not have the testimony from May, though we have both ordered it.  (She should have made a request for a continuance based upon the fact she could not cross examine Dr. Shaw without a transcript of his prior testimony).

As soon as court was done, I looked for AS (CF wasn’t there due to a “personal matter”), and showed him the pack of orders and challenged him to find those orders in the packet.  He said he didn’t have time, he was busy writing up an order and he couldn’t do two things at once.  He never took up my challenge.  He said he would get it and email it to Gloria and get it to the judge tomorrow.  I warned him not to mock one up either because I’ll figure out how to show it was mocked up.

PS didn’t even bother responding when I challenged him regarding the printout of orders, he just walked on by.

But the piece de resistance for the day?  The ultimate kicker?  First the judge orders all of the attorneys outside the courtroom (this is despite the fact we really weren’t even talking about anything), and then she locks the door!  Amazing.  Even the cute little naive associate Amanda Byrnes who could not be more than 22 or so could not get into the court to get the last order stamped.  The judge kept on mouthing “come back tomorrow” for our orders.

You think we got on her last nerve?

I’m taking bets right now, 2 to 1: a) we never see the transcript from May 2012 or today; b) we don’t get the court orders.

Never mind.  Today I saw 3 orders drafted up.  Gloria initialed one and that was denying her Motion to Dismiss and she made AS put the grounds into it and he added “because it had been brought previously” (okay, that’s totally funny because jurisdiction can be brought up at any time and the court must make a serious ruling on it, despite the fact it’s an outright lie and there is no court order ruling on it prior to this day, with respect to PS’s lie that it was argued on appeal, it doesn’t matter if jurisdiction is brought up on the first or tenth appeal–it is always timely) and I will go back tomorrow to get the court order, then I will send Julia and I hope Scott can try to get copies.  I bet we don’t.  No matter, each of us will draft up declarations that Scott and I saw drafts of 3 court orders and then the court locked the doors and told us to come back tomorrow and when we did that, we were refused copies.

What a legal soap opera.  But you would think the Law Bulletin would catch on to this.  There’s drama, there’s lack of jurisdiction and the law at every turn, we have judges on the record saying they don’t have to follow the rule of law (Connors, August 2011), we have a judge tossing all the attorneys out of court and locking the door behind them without signed court orders, we even have a million dollars missing in gold coins!  Cash taken from a mattress.  A wrongful eviction.  Out of the wrongful eviction a Contempt Order against the Plenary Guardian.

I can’t think of a more compelling, addictive story.

So when did the court say it would consider final oral arguments on the partition motion?  October 3, 2012 at 2pm.  You think the court is avoiding something?

As Sarah Pallin says (and/or Tina Fey), “you betcha”.

And Ken already pointed out to me that it’s interesting how the date was well after his Sept 2 to 3rd date for his hearing on lying.

Who’s been caught lying now.