Tag Archives: Jerome larkin

Illinois Approves Camera monitoring in nursing homes…

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http://wuis.org/post/illinois-okays-camera-monitoring-nursing-homes

The only problem is, the senior and the roommate must consent and you know that these “professional” guardians (of death) will never consent.  Also, there will be sign posted the room is electronically monitored, so it will be interesting to see if more seniors die more quickly in non-monitored rooms.

The nursing homes should love this because they will know right away whom to blame and whom to fire if there is a problem.

It also does not say if the family members will get a real time feed of what the staff is really doing to their loved one.

It also does not address the problem of seniors being narcotized to death and then there is no tox screen and no autopsy, no preservation of hair and nails for long term drugging.

All that needs to happen too.

Illinios must keep its seniors safe.  The narcotizing of seniors for money has to end.

So far the looting of estates, missing assets and the repeated quashing of service to the senior and family members (Sykes), the fact that the head of the Ill. ARDC Jerome Larkin and his staff (Opryszek, Smart, Splitt) looks the other way when seniors are narcotized to death (Sykes, Gore, Drabik, Baker, etc.) is all wrong.  It has to end.

Taking away a patient’s right to sue via the Arbitration Clause

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http://www.desmoinesregister.com/story/opinion/editorials/2015/08/19/editorial-nursing-homes-take-away-right-sue/32033361/?hootPostID=9e8950ca5b861c2d4b66dac06ec2db18Editorial

from Ken Ditkowsky

The article from the Register addresses the situation in which a senior is placed in a nursing home = it does not specifically address the placement by a guardian for profit (i.e. a Court appointed guardian).

It you follow the political news, when political figure finds himself/herself in an unfavorable limelight the weaseling begins which results in the drip, drip, drip torture of expose after expose.   The ‘elder cleansers’ all have been playing the system for a long time and the growth of opposition parties to the War on the Elderly and the Disabled has not gone un-noticed.
These are very smart people.   The have enlisted cadres of corrupt jurists, judicial officials, and public officials to do their dirty work.     As Trump and Clinton both have pointed out – dollars talk.    Here in Illinois a simple request for an HONEST INVESTIGATION gathers outraged ire and even disbarment of the attorneys making such a First Amendment Request.   Not even the Court’s of last resort have the integrity to resist the miscreants.   The State is bankrupt, but tax collectors look the other way as billions of dollars are extorted, more billions are stolen, and government coffers are raided for additional billions.  The Watchdogs of the public house are deaf, dumb, blind, and out to lunch.
The state of affairs is about to change.   Even without media attornment or publicity the general public is learning that Mr. Jerome Larkin (as an example) owes taxes on his conspiratorial receipt of billions of dollars stolen from seniors and disabled people by the corrupt lawyers and judges he protects. The public is upset that Larkin is immune from paying the very taxes that they would have pay and little by little outrage is building.
The promulgators of the health care fraud syndromes whether nursing home operators (and owners) or just run of mill criminals know that once the public gets to know the facts they will be the focus of some very aggressive law enforcement.   In the last century tar and feathers was a favor method of dealing with the miscreants.   Thus, their ‘wired’ Courts are going to either do the jobs that the public expects or become unwired.
These facts may be obscured to us, but not our opponents.   Thus, they are ‘short circuiting’ the outrage by redirecting it.    Janet Phelan alerted us to the licensing gambit.  (NB. licensing only the guardians for profit and providing the public with another benign regulatory body that is designed to protect the elder cleansing industry).    The arbitration ploy with proper safeguards to protect the pre-determination for the health care provider is a easy sell.    
Who could complain to the following formula:
1) the parties agree to pick from a panel of arbitrators their arbitrator – i.e. a retired judge!
or
2) from a panel of arbitrators each side picks an arbitrator and the two arbitrators pick a third.
or
*****
Think for a minute?   Who do you know who is an arbitrator?    For that matter – who do you know who is lawyer who does arbitration?    Let me assure you – the nursing home operators know quite a few of those fellows.   The well is “salted” from day one.
Let’s go a step further.   YOU are not a party – the party is Grandma.   She has been adjudicated incompetent and her guardian – appointed by that corrupt judge – is going to pick the arbitrator.    Do I have to draw the picture any further!
The object is to frustrate your protestations and create a delusion – suggesting that your complaint is frivolous and you are ‘nut!’     Article alerts us to yet another aspect of the War on the Elderly and the Disabled and why we have to urge Attorney General Lynch to start making some meaningful indictments that will encourage the health care industry (and in particular the elder cleansers) to just follow rule of law.
As I’ve stated many times before – I like the idea of Jerome Larkin and his co-conspirators being required by the Civil branch of the Department of the Treasury to just pay the income taxes, interest and penalties that they owe jointly and severally.   
    
 

From Dan Devine–an article on protecting seniors

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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:

Click to access 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 Ken Ditkowsky–We must stand up for our rights if we want to preserve our Democracy

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From: kenneth ditkowsky
Sent: May 28, 2015 12:01 PM
To: “loamu@aol.com” , “joanne@justice4every1.com” , “verenusl@gmail.com” , “timlahrman@aol.com” , “nasga.org@gmail.com” , “matt_abbott@kirk.senate.gov” , “jdit@aol.com” , “askdoj@usdoj.gov” , “civilrights.cv@ic.fbi.gov” , “chicago@ic.fbi.gov” , “drditkowsky@aol.com” , “tips@tribune.com” , “janet_c_phelan@yahoo.com” , “bev.cooperscorner@yahoo.com” , “letters@suntimes.com” , “foxnews_7d7b711af105dca690ab56169c0ff242@newsletters.foxnews.com” , “ginny.johnsoncheeserings@gmail.com” , “sa3456@msn.com” , “fiduciarywatch@gmail.com” , “statesattorney@cookcountyil.gov” , “isba@list.isba.org” , “aclu@aclu.org” , “scottcevans@hotmail.com” , “ecarter@atg.state.il.us” , “glenest03@yahoo.com” , “bstone12@hotmail.com” , “prov2828@hotmail.com” , “illinois.ardc@gmail.com” , “schwagerlawfirm@live.com” , “tips@cbschicago.com” , “sheriff.dart@cookcountyil.gov” , “zamirkatan@aol.com” , “llessura@gmail.com” , “jnjgldmn@aol.com” , “activistpost@gmail.com” , “tvfields@oh.rr.com” , “newseditors@wsj.com” , “nvallone1@gmail.com” , “webmaster@abajournal.com” , “consult4lj@yahoo.com” , “jimdit@earthlink.net” , “kozakm1@gmail.com” , “drrob2007@yahoo.com” , “k_bakken@att.net” , “utterby@sbcglobal.net” , “info@deepfriedbrownies.com” , “60m@cbsnews.com” <60m@cbsnews.com>, “johnhowardwyman@gmail.com” , “maryrichards45@gmail.com” , “truthbetoldradio@gmail.com” , “acluofillinois@aclu-il.org” , “writejanet@live.com” , “kev_pizz@hotmail.com” , “information@iardc.org”
Cc: “pmanson@lbpc.com” , “pusateri@lbpc.com” , “sgarmisa@hoeyfarina.com” , “rstrom@lbpc.com” , “lwood@lbpc.com” , “questions.insideout@gmail.com” , “arin@nextions.com” , “kmcdonough@smsm.com” , “mscodro@jenner.com” , “denise.c.garcia@microsoft.com” , “oluk@nshn.com” , “bhaan@leesheikh.com” , “celia.gamrath@cookcountyil.gov” , “lyndsay@lmarkey.com” , “seth.darmstadter@klgates.com” , “alongo@cassiday.com” , “jgabala@illinoiscourts.gov”
Subject: Re: Amu’s Supplement to Motion to Reverse Suspension of Law License

Subject:  Racism
 
Unlike the racism of the 1950’s today’s bigots are much more subtle but just a venal.     Some of these miscreants have found their way into the political closet and occupy positions of important and public protection.    Today’s racist does not refer to his victim in a pejorative manner, and in fact he open donates money to organizations that ostentatiously claim to be monitoring and protecting the rights, privileges and immunities of the minority targeted.    The big lie that today the ‘show’ is more important than the substance and thus there are huge numbers of ordinary people who feel that they have been sold out or at not considered important by their leaders and their government.
 
The Judicial process is the ‘escape value’ of American society.     It is in this forum that the founders of America decreed that individuals, corporations, and mighty and the powerless would all be equal, receive due process of law and adjudicate fairly and appropriately their disputes.     Thus, it is reasoned that while citizens had the right to protest and exercise their FIRST AMENDMENT RIGHTS it would be unnecessary.     Of course the naivety was obvious as humanity has and will always have an element of corruption and avarice that cannot be filtered out.
 
This does not mean that Americans have to live with corruption.     We of course have to be diligent and we have to ‘stand up’ for our rights if we wish to retain them.    
 
The Lanre Amu case is particularly interesting in that it was the Administrator of the IARDC’s duty to prove by clear and convincing evidence whatever facts that he alleged constituted Mr. Amu’s misbehavior.    In particular the Illinois Court has stated:
it is a rule well recognized, that where the evidence to prove a fact is chiefly, if not entirely, in control of the adverse party and such evidence is not produced, his failure   [395]  to produce the evidence tends to strengthen the probative force of the evidence given to establish such claimed fact. [Citation.] The burden of producing evidence, chiefly, if not entirely, within the control of an adverse party, rests upon such party if he would deny the existence of claimed facts. [Citation.] Where a party alone possesses information concerning a disputed issue of fact and fails to bring forward that information, and it is shown that it can be produced by him alone, a presumption arises in favor of his adversary’s claim of fact. [Citation.]”
In the cause at hand, the Administrator failed to show that the means of proving the proportionality of the fees was in the exclusive possession of respondent such that the burden-shifting rule of Beldingapplies.  HN7 SHAPE  \* MERGEFORMAT   It is essential that the Administrator prove each allegation by clear and convincing evidence. In re Enstrom, 104 Ill. 2d 410, 416, 84 Ill. Dec. 486, 472 N.E.2d 446 (1984).  The complaint alleges that respondent participated in a division of legal fees that was not in proportion to the services performed and the responsibility assumed by each  lawyer . Thus, it was the Administrator’s burden to prove  that the fee division was disproportionate to the services performed and the responsibility assumed by both respondent and Rosenblum.


 In re Storment, 203 Ill. 2d 378, 394-395, 786 N.E.2d 963, 972, 2002 Ill. LEXIS 958, *21-23, 272 Ill. Dec. 129, 138 (Ill. 2002)
 
It has been Mr. Amu’s contention that the Judge’s that he was complaining concerning were corrupt.     One of the Judges’ (Judge Egan) was the subject of a Crain’s Chicago Business article that ironically made the very same assertion that Mr. Amu made.        This fact is hardly a coincidence as the hearing panels of the Illinois Attorney Registration and Disciplinary Commission have very ‘sorry’ reputations.     “Wired” is a polite way of referring to them as it is not unusual for them to make findings in favor of the Commission without any evidence being presented to them [1] .      Amu has complained vigorously of being ‘railroaded’ and wrongfully suspended to deaf ears.
 
The publication of the Crain’s Chicago Business article making the exact averments that Attorney Amu has made highlights the disconnect between the Illinois commission doing its job of protecting the public and having a private agenda contrary to the Constitutional mandate of both the Federal and State Constitutions.       The public certainly would give much more credence to Crain’s than Jerome Larkin!       Indeed, it is a matter of public record whether Judge Egan is on the board of plaintiff, her brother is the attorney for the plaintiff, and whether the judge is presiding at the trial.      Such is an up or down situation.      If the commission found by clear and convincing evidence that the public record, Amu, and Crain’s were all lying and the Administrator was the only ‘truth teller’ such would and should be suspect.     That apparently is what they did and the Supreme Court of Illinois not only affirmed but found by the interim suspension of Amu that reciting the public record by an attorney is inherently dangerous to the public safety.
 
Forgetting that a reading of the decision of the hearing board, review board et al gives the impression of a racial nexus for the proceeding and forgetting the history of Mr. Larkin – i.e. the barring of Diane Nash from the kangaroo proceedings involving JoAnne Denison, and his refusal to apologize or even disingenuously try to offer an excuse for the racist act,  this latest act by Larkin individually and as the alter=ego of the Illinois Supreme Court is so outrageous as to call for an investigation by the Justice Department of yet another act of racism, and Larkin’s corruption.
 
When lawyers cannot count on fair play and honesty in their own personal dealing with the Supreme Court of Illinois it is no wonder that the public in general holds the Court system of the 2nd oldest profession is such low repute.    In point of fact the justice system if the ‘elder cleansing cases’ and these disciplinary cases are examples the public is correct that the Illinois Justice System is terribly corrupt and unreliable.
 
Let is backtrack for a moment.    Assume for the purpose of argument only that Mr. Larkin was misled and acted in objective good faith.     The Crain’s article is now called to his attention!   What does he do?   
 
The fact is Mr. Larkin has not apologized to Mr. Amu and now that he knows that Amu’s statements were in point of fact truthful he is not in the forefront of seeking Mr. Amu’s license to be returned to him.      Certainly, Larkin is not offering restitution to Amu for the defamation, insult, and personal wrongful conduct!      Basic decency would have required Larkin to come forth immediately upon finding out about a “mistake” and tendering an apology.      He did not I expect he will not.      The fact remains that Amu has been punished because he, as man having a dark hue to his skin, complained about a fair skinned judge and accused her of corruption.     To Larkin it is intolerable that a respected publication made the same averment!      
 
By my definition Larkin’s conduct is unacceptable,  racist and so ethically challenged that he has forfeited any respect that he might have had and should be instanter investigated and removed from public office.      There is no place for ‘racists’ in government.    The principle of equality before the law for all is too important to be shoved under the rug no matter what political mentor sponsors Mr. Larkin.

[1] In my proceeding a panel solved a jurisdictional problem by inventing without any testimony or even an assertion by the Administrator that required notice to family members of a hearing was obviated by the family members having knowledge of a hearing to determine Mary Sykes incompetent.      The panel was so anxious to please the administrator that they found that the undisclosed family members had knowledge.    The knowledge was not specified to be prior, but, as the result was predetermined that fact or the fact that the Court record in the Mary Sykes case revealed that no such hearing ever was held.    The finding of Mary Sykes’ incompetency was based upon an order being handed to a judge and she rubber=stamping the same.     The Court file was kept out of the proceeding as it would have disclosed that the Administrator once again was not truthful.

My declaration to the Illinois Supreme Court regarding my Law License Suspension

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It hurts only the indigent and middle class, which apparently they do not care about.

Our court system now supports an oligarchy and big business.  Campaign funds to judges are big business and apparently at the top of their list for influence and advice.

Please download and fill out the attached if you want something better, like TRUTH and JUSTICE in our court system, for a change.

https://drive.google.com/open?id=0B6FbJzwtHocwckRjSGZNdXlFeTg&authuser=0

JoAnne

BEFORE THE ILLINOIS SUPREME COURT
FROM THE ILLINOIS ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION

In Re:

JOANNE MARIE DENISON

Attorney-Respondent
Reg. No. 6192441

Appeal case No. MR 27193 from

ARDC Action No. 2013 PR 0001

DECLARATION TO ILLINOIS SUPREME COURT
TO ALLOW JOANNE DENISON TO
REPRESENT HER PRO BONO/LOW COST CLIENTS

The undersigned doth deposes and saith:

1.     My name is Joanne Denison and my work address is 5940 W Touhy Ave, #120, Niles, IL 60714, and this is in regard to the ARDC’s current nefarious mission to take away my law license for merely running a blog that tells the truth about the fraud on the court and the lack of respect for the US and State Constitutions and the Illinois Probate Act in and without the Illinois Probate System.
2.           I believe it is wrong to go after someone who exposes only the truth.  I believe my blog, now with 80,000 views is extremely helpful to Probate Victims and their families.  The blog represents nothing but the Truth, and anyone who desires can post comments contrary to any fact or opinion stated therein.  There are nearly no corrections on the blog which have been submitted after thousands of post, and those were posted right away.  I believe there were only two corrections and they were very minor.
3.      I further believe it was a scandalous and shameful affair to go after Mr. Kenneth Ditkowsky and Mr. Lanre Amu on a witch hunt with kangaroo courts to suspend them for merely telling the truth about what every other attorney and litigant knows about the Daley Center court system–a court system that has the likes of Rosemary Roti (daughter of Frank Roti, a known New York mobster) as a court scheduler under Presiding Judge Timothy Evans and his two daughters who make $100,000 each as court schedulers.  In addition, Atty Lisa Madigan has not disclosed her true identity to the public, that she is the daughter of Joel Murray and her real name is Lisa Murray and that Joel Murray was a criminal defense attorney from New York representing major drug distributors in New York and then he bought, maintained and operated Simmons Air (later American Eagle) and quit practicing law.
4.      I believe the public is not stupid and would not stand for any of this, if they only knew the truth, but now only the Blogs publish The Truth and mainstream media Protects those who should not be protected.  The ARDC only protects those who should not be protected.
5.  I have made a list of all the pro bono and indigent and lower middle class clients that I have helped since Nov. 2011 when the Blog began, and I can barely keep track of them all. The phone calls and emails are endless with the problems and troubles in probate.  I have no idea how many, probably over 200 persons I have listen to and helped over these past several years.
6.  I am now suspended.  Dozens of clients, the vast majority of which are indigent and lower middle class have been now been left without counsel and I believe and demand that indigent and lower middle class clients should have representation in Probate–or wherever blatant corruption and gross violations of human and civil rights may be found in and out of the Illinois Probate Court system.  The numbers are endless and staggering.  Honest attorneys are threatened all the time in Probate that if they get involved, if they investigate, if they help the innocent, they will be disbarred.  The attorney miscreants and judges wheeling and dealing in probate are open and brazen regarding the harm and terror they inflict upon the innocent families and loved ones of Probate and court corruption victims.  The System is completely out of control and the Public is demanding something better.
7.     I am petitioning the Illinois Supreme Court to allow me to represent lower income and indigent clients because their cases are important too.
8.     I personally don’t care how much money I do or do not make.  The Truth and seeking Justice is far more important to me than that.  Mr. Ditkowsky and Mr. Amu and myself are the real thing, protecting the indigent and lower middle class who have had gross violations of human and civil rights and liberties taken away from them.
9.      The ARDC is not given any permission to post any of my creative writings, including this declaration.  They cannot be trusted to uphold Truth and Justice any longer.
10.     Jerome Larkin, Melissa Smart, Sharon Opryszek, Steven Splitt and Leah Black Guiterrez should be ashamed for what they do.  Jerome Larkin’s job as Administrator or Chief of the ARDC is not to protect the embarrassing secrets of judges and attorneys acting badly.  They were all sworn to uphold the US and Illinois Constitutions, human and civil rights and liberties–which they do not do, despite dozens of valid consumer complaints filed with their State Agency. They do not file Ethics Reports as mandated by the Illinois Ethics Act of 2009.  They are not ashamed they do not do this.  Mr. Steven Splitt, in particular, is suspect as a Professor of Ethics at John Marshall Law School.  I want to know how he can hold his head up and say he prosecutes innocent, honest attorneys before his class at that school.  His behavior is utterly contemptuous.
11.     I am further demanding that each of Jerome Larkin, Melissa Smart, Sharon Oprysek and Steven Splitt: 1) take polygraphs that they know I am telling the truth and the Tribunal assigned in each of the Ditkowsky and Amu cases and my case were kangaroo courts set up as a witch hunt; 2) take psychological MRI’s to show that they are not heartless and soulless psychopaths that have no regard for the pain and suffering that they carelessly and wantonly inflict upon others. (Please note that I, Mr. Ditkowsky and Mr. Amu are willing to do likewise, but you already know the results).  I want the results published, online and at http://www.iardc.org.
12.     Believe me, out of all of this, there will be a time where attorneys will have to take psychological MRI’s to show they are not heartless and soulless psychopaths before they take the Oath of Office.  We have seen the results of allowing such individuals to become lawyers and judges and it is not pretty.
Further declarant saith not.
I hereby declare that the above statements are true and accurate to the best of my knowledge; if called to testify, I would testify as to the same.

Respectfully submitted;

___/esign/joannemdenison/_____
April 30, 2015

From Ken Ditkowsky

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I heard and participated this morning in a Florida Conference on the subject of elder cleansing.   A promise to do something positive concerning it was made by Florida Bar president Coleman.    Here in Illinois, not only are we embarrassed by being the 2nd most corrupt State in the union, and the number one State in fleeing residents, but we have some of the most unresponsive public servants imaginable.   From my amateur investigation I learned that many of the worst elderly cleansing operators have a locus in quo right here in Illinois.     I therefore, last week wrote the Administrator of the IARDC a letter – which he has not answered.    I am therefore forwarding to him at every e-mail I have for him the following letter:

August 6, 2014.

Last week I wrote you the following:

“Dozens of   friends and family of victims of Elder Cleansing have written to your commission and all have received a letter that said that your agency was not interested in the obviously criminal conduct of a small group of lawyers being reported.      Each complaint was essentially the same.     A senior citizen was railroaded into a guardianship in which his/her liberty and property were confiscated.      The looting of the estate was accomplished by the direct violation of the directive of 755 ILCS 11a – 3 (b) in that the elderly and/or disabled victim was separated from his/her prior life and family members who would not attorn to the artificial arrangement and the unjust enrichment of judicial and other officials.   (other officials include guardians and attorneys).     After the looting was complete, the elderly person was subjected to a sometimes drawn out involuntary assisted suicide.

Some of the citizen complaints that were not investigated and not acted upon related attorney conduct that is so despicable and wrong that you dishonor the entire legal profession with your refusal to investigate.     The mining of the teeth of senior citizen Alice Gore orchestrated by an Illinois lawyer and ignored by your commission is illustrate of the neglect of duty that you have exhibited.       The attempt to silence attorneys who speak out as to corruption in the Courts is another low point in your tenure and is at the very least the aiding and abetting of the felonies associated with elder cleansing.    

I written to you and your commission before and asked for you to join in calling for an HONEST intelligent complete and comprehensive investigation of the cottage industry of elder cleansing and in particular that which occurred in the case of Mary Sykes 09 P 4585.     You of course have not joined in or conducted any investigation.        The net was you marshalled your kangaroo panels and I am suspended for four years for the exercise of my First Amendment Rights.      You then started proceedings against JoAnne Denison who published on her blog some of my First Amendment utterances.      Currently, Ms. Denison, in response to what appears to be the misreporting of the perjured words and phrases of a Judge you have continued with your ‘cover up’ by refusing Ms. Denison the audio transmission of the testimony.           I suggest that you read 18 USCA 371.     

You have accused me of making false statements but have never articulated a single statement that you claim was or is false.   I challenge you and herewith demand for you to instanter provide me and the community with a list of each statement that you claim was false.         Then for every statement you claim was false set forth the basis upon which you claim the statement was false.  

The foregoing notwithstanding the Friends and family of each of the victims of elder cleansing who have written attorney complaints to your commission want to know why you have refused to investigate the violations of the civil, human, property, and liberty rights of their loved ones who have been railroaded into guardianship by Illinois attorneys.     We would like to know why you are protecting certain attorneys and not others.      Attorney Miriam Solo has been accused by the family of Alice Gore of what amounts to a human rights violation.     Adam Stern, Cynthia Farenga, Peter Schmiedel and other have been accused by Gloria Sykes and the family of Mary Sykes of very very serious violations of Mary Sykes’ fundamental liberty rights.     This list is endless and each complaining person wants to know why you are not leading the investigation into the human rights violation of elder cleansing and why you are aiding and abetting it with State funds.

It has not gone un-noticed that there is no ethics statement that can be found for you.    The ethics statements being your disclosure of assets and liabilities required by the State.  A person placed in the position of judging the conduct of others should be able and willing to demonstrate at the drop of hat that he is more virtuous than Caesar’s wife.    

Pursuant to 18 USCA 4,   I have copied the Attorney General of the United States.      It time for Equal protection of the Law to be restored to the State of Illinois and the ‘cover up’ of the cottage industry of elder cleansing cease.”

I have not received any response from you; however, the continued abuse of the elderly by a group of lawyers continues unabated.      A guardianship is limited pursuant to 755 ILCS 5/11a – 3 which states:

(b) Guardianship shall be utilized only as is necessary to promote the well-being of the disabled person, to protect him from neglect, exploitation, or abuse, and to encourage development of his maximum self-reliance and independence. Guardianship shall be ordered only to the extent necessitated by the individual’s actual mental, physical and adaptive limitations.    755 ILCS 5/11a-3

The citizens of the State of Illinois desire that you explain to them exactly how the IARDC justifies its taking no action when a senior’s teeth are mined for their gold filings!     How does such action or the isolation of a senior comport with the statement of the legislature of the State of Illinois?      IT IS TIME TO STOP FENCING.     Serious criminal action is being taken against Senior citizens in and about the Courts of Illinois and the IARDC is affirmatively not only covering up the felonies but aiding and abetting them.     I am now calling upon law enforcement to ENFORCE the law and prosecute the elderly cleansing that is going on open and notoriously.

IT IS MY HOPE THAT WE CAN ALL WORK TOGETHER TO RESTORE THE BILL OF RIGHTS TO ALL CITIZENS OF THE UNITED STATES OF AMERICA INCLUDING THOSE WHO ARE ELDERLY AND INFIRM AND WHOSE ASSETS ARE ATTRACTIVE TO ***** .   At some point in time the Rule of Law has to be observed.

Ken Ditkowsky

http://www.ditkowskylawoffice.com/

From Ken Ditkowsky, more questions about when the public will in fact be protected

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From: kenneth ditkowsky
Sent: Apr 2, 2014 8:24 PM
To: “Steve@
Subject: Re: Elder Cleansing

 Thank you for your kind wishes.   This matter is far from over.   It is my belief that Mr. Larkin and the IARDC have violated Federal Law in attempting to prevent me from communicating the elder cleansing that we are all witnessing and in protection Solo from prosecution.   It is indeed a sorry state when her antics are given the protection of a State agency (IARDC) and the agency’s duty to protect the public is ignored.   Between your case and the Gore case it is pretty obvious that some heinous mischief has occurred.
When I was a student at the University of Chicago it was pointed out to us that the founders of America as a State did not rule out revolution as an option to oppression by their new government.   No I am not advocating self help or violence – I am just remarking that America is a country that protects its core values and will not tolerate a few people who are corrupt preying on the rest of us.   We do not recognize political elitism, or royalty.    Our credo is that we insist upon government in which every individual is treated equally by the law.   No one obtains special privilege.
In Illinois with the aid of Mr. Larkin and the IARDC as well as a few corrupt judges and other political animals we seem to have lost our moral compass.   This is reflected by the fact that our last two governors went to Jail.
How do we address the corruption in places like Illinois.   The power of the pen is the best weapon as by writing to the media, Federal Authorities, and elected representatives we raise awareness to the terrible situation that citizens face when the miscreants have the influence the corrupt Illinois officials possess.   Larkin and his crew can fool some of the people some of the time, but not all of the people all of time (I think that is quote from Lincoln).
Your case is compelling as the wrong committed by Solo is so obvious.   It is probably the first time in the history of civilized society that a citation to recover assets was applied to promissory notes not in writing!    Exactly how any court in a civilized society can, without holding its nose, not go screaming to the law enforcement people concerning the corruption that has been manifest is beyond anyone’s wildest imagination.
As I have been suspended for four years (I wonder why they did not make it four hundred) for complaining about the Probate Court corruption that everyone not blind, deaf, and dumb is aware of — another attorney will need to be standing up for you in my stead.
As the actions in the Schwartz estate committed by Miriam Solo and her 18 USCA 371 friends are felonies, I have copied Mr. Eric Holder the Attorney General of the United States pursuant to 18 USCA 4.    As attorneys are involved – Mr. Jerome Larkin (in acting as part of the ‘cover up’ and Ms. Miriam Solo a principal actor – I have also copied the Illinois Attorney Registration and Disciplinary Commission.
Steve – I do not expect that the IARDC will now take a look at the complaints that were filed against Ms. Solo.    I do however expect that at some time in the foreseeable future we will see Greylord 2 and by copying Mr. Larkin and other officials who have sworn duties to protect the public will feel the bite of not being able to claim that they did not know about the criminal behavior of *****.    18 USCA 371 has a bite!
Thank you again for your kind words.
Ken Ditkowsky

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

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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

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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

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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?

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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.