While the ARDC was primarily concerned about the dozens and dozens of emails viligantly and heroically sent out by KDD to investigate the case of Mary G Sykes, whom this website is dedicated to, there are other avenues he can utilize to accomplish this goal to even more people, and that is through blogspot radio.
Here is an excellent radio program with a ton and ton of information on guardianships, corruption, probate corruption, probate abuse, lack of investigation into nursing home abuses, etc.
Please visit this link and check out the show. It’s 90 minutes long, but well, well worth it. You will be listening to other people complaining about nursing home abuse, elder abuse–and it falls on deaf ears! Even worse, the people that complain are often banned from the nursing home, banned from seeing their loved one — because the investigations are too time consuming! One woman from California was told she could not sue the conservator for having her mom put in an abusive nursing home until the mom died!
If you are suffering from situations like these, know that you are not alone. We need to clean up court systems that engage and promote such behaviors where seniors and the disabled are clearly suffering and nothing is done.
Illinois has a great Probate Act and many other laws that protect the due process rights of the elderly, disabled and their families but these laws are being ignored or are not being used properly.
Dear Readers–see the email below to John Howard Wyman/KDD and my new law clerk, Jeffrey Duncan.
I am having Jeffrey Duncan make up a list and start delivering books to all attys at 1) the ARDC – # 1 priority, 2) US attys at the Northern District, Eastern Division, General Crimes division, here’s a good one-2.5) -Public Corruption and Organized Crime–sounds perfect!
3) John G. McKenzie is the US atty for the Western Div of the Northern District, but what did Atty Timmerwilke do when she was under investigation–give him “special” treatment (on a mattress), and they got married and broke up two families, so let’s send books to his entire staff! How about the secretaries too? I bet we can find out who they are. Secretaries and personal assistants always love gossip and soap opera types stories regarding whom they work for.
4) Ill. Atty generals; (lisa madigan); 4.5) Criminal prosecution atty generals for the State of Illinois; 5) the “guardianship and advocacy” commission attys (these guys must be sleeping on the job); 6) the States Atty for District 1;
7) the Winnebago attys managing the court (more sleeping attys); and 7.5) the officers for the Illinois States Attorneys Association.
A lot of sleeping attys out there need your book, John; Please get us all the copies we need for this project.
Jeff, go ahead and make a table of all of these from Sullivans 2012-13 and we’ll start delivering books. You are strong, able and competent.
The elderly and disabled who have been oppressed and abused by the Illinois Probate Courts are depending upon you.
I left the Sullivans on your desk with a number of post its for the attys we need to get the information out to.
PS–Ken, if the ARDC is ticked at you for sending out hundreds of emails calling for an investigation in a case that clearly lacks jurisdiction and has been going on for 3 years–this is total vindication for you!
PPS–John, you didn’t realize it at the time, but you wrote a book that helps vindicate an honest, ethical and amazing atty. Give yourself a thousand gold stars!
PPPS–this will be great for a post!
From: kenneth ditkowsky
Sent: Oct 12, 2012 9:20 AM
To: Michigan Advocacy Project
Cc: Gloria Jean Sykes
Subject: Re: Karbin v Karbin 2012 Il 112815
The Abuses that have occurred in connection with these guardianship cases is outrageous and continues without ‘letup.’ The potential for abuse by the Karbin decision is monumental; however, the need for honest guardians to have the tools to act in the interests of their wards is also very great. To be very candid, it is my opinion that certain guardians would curl my hair if they had the ability to decide if a particular was in need of a ‘haircut!’ There other guardians who I would trust with great authority. In the past years dealing with Stern, Farenga, and Schmiedel has been an eye-opener. My respect for the 2nd oldest profession at this point in time is at a nadir.
The tendency is to judge a profession by is lowest common denominator. This is human nature and each of us suffers from the malady. Worse yet the minute we let up our guard, up pops a Stern, Farenga, Schmiedel, et al. When I won in the Appellate Court the vacation and reversal (based upon jurisdictional grounds) the sanction award, realizing that I am ‘long in the tooth’ I offered Stern, and Farenga a pass on the Civil Rights lawsuit that I intended to file. The condition was that they ‘do their jobs.’ I did not tell them how to do the jobs, all I wanted them to do was to report to the Court honestly and appropriately the claim of the non-inventory of large number of gold coins (Au) and the December emergency room incident in which Mary Sykes had in a very short time by the admitted neglect of the plenary guardian lost 10% of her body weight. This offer was determined by the Mr. Larkin of the ARDC to be intimidation and is part of the ARDC complaint against me. When this and a letter to the United States Attorney General are considered unethical by the State of Illinois ARDC – it is very hard to have any faith in the 2nd oldest profession.
From: Michigan Advocacy Project <email@example.com>
[MAP relates a story of a black sheep daughter requesting a divorce for her parent who was under a guardianship so she could inherit. I think that’s pretty creepy, but apparently the court agreed to it eventually. Don’t know the case name or cite, it was not passed on.]
On Thu, Oct 11, 2012 at 5:28 PM, kenneth ditkowsky <firstname.lastname@example.org> wrote:
Depending on your point of view and your confidence in the Judicial process the Illinois Supreme Court handed down a major decision on October 6, 2012.
The Supreme Court over-ruled the case of In re: the Marriage of Drews 115 Ill 2d 201 (1986) and provided that a ‘guardian’ can now petition the Probate Court to obtain permission to file a divorce action. The Court took this step so as to make certain that an incompetent was not denied his/her privileges and immunities. This right was not ‘willy nilly’ granted to a guardian. The Court provided that the guardian must make application pursuant to section 11a -17 and prove the this is the best interest for the disabled person by ‘clear and convincing evidence.’
If we examine the Sykes case and the application of the standard ‘clear and convincing evidence’ I do not believe any one of us feels ‘warm and fuzzy.’ This is a case that is a must read!
Today I would like to direct your attention to John Howard Wyman’s new website and blog:
On the website you will find the courageous story of how John and his mother “escaped” Rockford and a hideous nursing home in the middle of the night.
Are you tired of your spouse? Does she nag you all day and drive you nuts? Then simply drug her, take her to the nearest nursing home declaring she’s incompetent and then file for guardianship. Yep, you can legally get rid of your spouse into a nursing home and never deal with that person again. The nursing home will continue to hold her down and drug her for you (of course, that’s totally illegal, but it’s a law NEVER enforced against seniors and the elderly).
This is one harrowing story of how a woman got dumped in a nursing home, when the two good sons came to rescue her, they were thwarted by both the nursing home AND the Rockford police and turned away–even though no guardianship proceeding had commenced.
John and his mother now live together happily and she is well cared for in Aspen Colorado while his appeal on lack of jurisdiction will wend it way through the Illinois Appellate Court.
We are waiting for the final order to come through.
People to blame? Attys acting badly? Judge Fabiano, OPG Sharon R Rudy, GAL Kimerly McKenzie Timberwilke. This judge and her atty friends will simply not step forward and tell the truth that “close relatives” were never served written notice of the time, date and place of hearing on July 6, 2009. Order the book ASAP from Amazon, rated 5 stars–a real page turner. Encourage this judge and the attys to step forward and admit they had no jurisdiction since 7/6/09 and do the right thing!
to figure out how this order comports with the Illinois Probate Act!
Every time I get an email from Atty Sharon Rudy it amazes me that it in no way resembles the Illinois Probate Act!
Here we are again. One section of the Illinois Probate Act says that the Petitioner MUST provide 1) written notice; 2) to all adult siblings and children of Respondent; 3) of the date, time and place of hearing–and yet this order ignores all of that.
The notice of hearing is required for the Judge and Probate court to take jurisdiction and issue valid orders. No valid notice OR service of summons and complaint, then no valid jurisdiction in probate.
And as I pointed out during my argument, how hard is all of that? What enormous burden did the Illinois State Legislature place on the Petitioner in a Guardianship proceeding?
Not much at all in my book–just one more simple short piece of paper. However, that piece of paper is required by the Illinois and US constitution! So it, besides a summons and complaint, becomes one of the most important pieces of paper in the entire proceeding! You would think the OPG and GAL and Judge would pay strict attention to it. Question the parties about the paper and look at it closely, examine it. Notice that the date of hearing was wrong and changed by 3 days–requiring re-service. But that did not happen. For the lack of $5 in postage, and entire court has operated without jurisdiction for 3 years! Imprisoning an innocent elderly woman in fragile health–ripped from her home and family. Endangered. Near death. Requiring her to plan and implement a daring escape from a horrid Rockford Nursing home to a son thousands of miles away in Aspen Colorado.
How does this happen in the US?
See the order that should be entered tomorrow, courtesy of OPG Sharon Rudy and GAL Kimberly Timmerwilke McKenzie.
I believe that when GJS has had time and an opportunity, besides dismissing the probate case 09 P 4585 at the Illinois Court of Appeals which will invalidate the Indiana proceeding freezing her assets, if not before that, in Indiana she can attack the Illinois Probate court order there by alleging the following:
1. The Circuit Court of Cook County decision freezing the assets of GJS has in fact no force and effect outside the boundaries of the State of Illinois, unless ‘registered’ in the appropriate manner as provided for in the State of Indiana.
2. That Carolyn Toerpe was improperly appointed via a series of serious missteps on her part, rendering the probate proceeding without jurisdiction, namely:
a) in particular pursuant to 755 ILCS 11a – 3, it appears that at the time that Carolyn Toerpe filed her petition to have Mary Sykes declared incompetent Mary Sykes was not a resident of Cook County, Illinois as she was residing in DuPage Court. Section 11a-3 uses the word ‘shall’ as to venue.
b) It also appears that Mary Sykes had a petition for a Protective order pending at the time of the filing. This Domestic Violence protection act was never heard by the Circuit Court. While this petition was consolidated into the Probate Proceeding it was then never heard, which is improper. Judge Connors should have heard the petition on the Protective Order first and then proceeded. They were pressed for time and the GAL’s conveniently forgot to do it. If the GAL’s have been involved in the case for 22 mos, it is their duty to bring this motion. Neither one of two GAL’s appointed in the case has brought this to the attention of Judge Stuart or Judge Connors, while it is their duty to do so.
c) That in particular 11a-8 requires that the Petition contain certain facts. In particular, the petitioner must disclose ‘powers of attorney’ and the close (near) relatives of the respondent, i.e. spouse, children, and siblings. (Mary’s spouse predeceased her). Mary’s siblings were not disclosed and a power of attorney claimed by the Petitioner Carolyn Toerpe was not disclosed. Further, Carolyn knew Gloria had a current POA because she was with her all the time and resided with her and Carolyn filed a clearly deficient Petition failing to name Gloria as the POA holder and all the adult siblings and their addresses. Carolyn either knew, or should have known, or should have made due inquiry. She did not do any of these.
d) That in particular 11a – 10 and 11a -12 requires that the respondent be informed of her rights and that 14 days prior to the date of the hearing on respondent’s competency her near relatives be provided actual notice of the date, time and place of the hearing. This was not done, and I have made a careful search of the record and found no evidence that this was done or waived. (I did find that the parties were ‘lured’ into court upon a pretext) Mr. Stern (the GAL) disclosed in an e-mail that the determination of incompetency was made by an agreement. There is currently no provision in the Illinois Probate Act to permit a guardian to be appointed “by agreement” of the parties. It becomes a futile act when it is considered that one party is or may be incompetent. Currently the Illinois Probate Act requires a need for guardianship to be proved by “clear and convincing evidence.”
e) That the clear words of Sodini provide that if the near relatives of the respondent (i.e. her siblings and her children) do not receive 14 days’ notice of the hearing on the petition to declare the respondent in need of a guardian the Circuit Court lacks jurisdiction. The Tiffany case makes it very clear that strict compliance is necessary as the respondent’s liberty and property rights may be forfeit.
f) That the record indicates that the order entered by the Circuit Court freezing the alleged assets of Gloria Sykes in Indiana (which appear to be titled in a name other than Mary Sykes) besides being on its face void as to Indiana property was not a final order in that there has been no adjudication that Mary Sykes is entitled to one dime of those funds. Of a serious nature is the fact that the proceedings in the Circuit Cook County upon which the order was promulgated appear to be suspect in that the said funds were awarded to GJS by the final order of Circuit Court entered on _________________, and not challenged by either a post-trial motion during term time or a 735 ILCS 5/2 – 1401 motion within 2 years of entry. Elementary Law and the Constitution dictates that the final order of a Circuit Court judge is entitled to ‘full faith and credit’ and cannot be collaterally attacked in a foreign jurisdiction or before another Circuit Court Judge of equal jurisdiction. Judge Stuart does not enjoy Appellate Court jurisdiction over Judge Mullhern.
g) That further examination of the file and interview of witnesses brings to light numerous other irregularities in the Estate of Sykes. While these irregularities may not be directly relevant to these Indiana Proceedings, they do show a concerted and continuing pattern to evade and obfuscate justice in this case. In particular, the attempt by an Illinois Court to engage enforce its orders extra-territorial against Indiana citizens not before it is indeed unique and more that a little outrageous.
i.) That the decisions of Sodini, Tiffany and the applicable Illinois statutes make it clear that jurisdiction is a crucial element of any Probate proceeding because these directly involve an attack on the Respondent’s liberty, property, civil and human rights. As the Court record in the Sykes case contains no evidence of service of the required Sodini notices they cannot be produced, nor can any written waivers of the notices. Trickery and legerdemain are not appropriate when a citizen’s liberty rights are at stake.
I believe is only a matter of months now before the entire house of cards in Probate crumbles and blows away.
Below is our continuing balance for the cost of corruption, or the cost to our firm for getting involved in the Sykes case and running this blog. It detracts from other work we can do, and it shows what a drain it is on society when the Probate Courts run amok and without jurisdiction.
Take care all.
DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202 PHONE 312-553-1300
CHICAGO, IL 60642 FAX 312-553-1307
JoAnne M. Denison✬ JoAnne@DenisonLaw.com
JoAnne Cell Phone 773-255-7608
✬–Admitted NC (Inactive) & US Patent Bar *–Admitted US Patent Bar
Invoice submitted to:
October 09, 2012
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Hours Rate Amount
7/1/2012 JMD SYKES BLOG 2.00 $300.00/hr 600.00
Emails to and from KDD regarding witness tampering, post for the
day, call for investigation, affirmative answers to his ARDC complaint
7/2/2012 JMD SYKES BLOG 2.50 $300.00/hr 750.00
Emails to and from KDD regarding: Leah Black, post for the day, GS
being threatened by Attny Black at the ARDC, information to obtain
asset search, intimidation of GS, information regarding: Sodini, lack
of due diligence by GALs, witness tampering by Attny Leah Black
7/3/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing 2 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails to and from KDD regarding: Dr. Shaw’s testimony,
intimidation of client by attny Black, letter from attny Black that
everything was client’s fault, report from law clerk obtaining files from
Daley Center, lack of following procedure in the Sykes/Tyler/Wyman
cases, emails to and from client regarding partition of client’s real
estate, lack of protections afforded Mary Sykes, KDD’s call for an
investigation, emails regarding: SLAPP suits, emails to and from
attny Hyman regarding: defamation suits, emails to and from client
regarding: drilling out GS’s safe deposit box (40 emails)
7/4/2012 JMD SYKES BLOG 0.75 $300.00/hr 225.00
Emails to and from the client regarding: client’s short notice for
deposition (4 emails)
JMD SYKES BLOG 1.00 $300.00/hr 300.00
Emails to and from the client regarding: ARDC’s failure to make good
faith Rule 201K Compliance
7/5/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 new blog posts.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
DENISON & ASSOCS, PC.
October 9, 2012
7/6/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Appearing in court on Sykes case and preparing posts for blog
regarding same; reviewing cases for Attorney Ditkowsky.
JMD SYKES BLOG 7.00 $300.00/hr 2,100.00
Emails to and from Mr. Evans regarding: taking depos in ARDC
proceedings, IDPR should be investigation Dr. Shaw and Dr. Amdur,
emails to and from Mr. Evans regarding: Kristen’s wedding, emails to
and from the client regarding: admissions of Dr. Shaw, emails to and
from KDD regarding: how probate kickbacks are handled, emails
regarding Sodini case; Attny Schmeidel’s his petition was brought in
wrong court emails, emails regarding Ken’s trial; emails regarding:
Mary’s drivers test, emails regarding; Dr. Shaw’s testimony, (53
JMD SYKES BLOG – COST OF CORRUPTION 6.50 $300.00/hr 1,950.00
Emails to and from client regarding court judgment in FED on 061912
from other blog; emails to and from KDD regarding his Motion in
Limine; emails regarding the Miller case on other blog; emails
regarding KDD’s MIL; emails regarding KDD’s constitutional rights
being ignored by the ARDC; emails regarding client’s FED case;
emails regarding tying up client’s funds is criminal; emails that I
could not get FED order; emails regarding missing transcripts and
ordering those; emails regarding beating of GJS; emails regarding
National Socialist Party; emails from KDD to GJS she must set her
motions for a hearing date and time and accompany them with a
Notice of Motion, Motion and Certificate of Service; emails regarding
items missing fr Probate court and our “docket table” of missing
items; emails regarding ruling in Alvarez case; emails regarding GJS
and lost transcripts; that law in KDD case regarding first amendment
rights is clear; (40 emails)
7/7/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing faxes to Mr. Connelly in the Sheriff’s Department regarding
seizure of JMD’s laptop and updating blog regarding same.
JMD SYKES BLOG 6.50 $300.00/hr 1,950.00
Emails regarding: ADA case; emails regarding: PACER docket sheet
for that case, emails regarding: GS bringing a motion to dismiss;
emails regarding: unfair and deceptive trade practices; emails
regarding: paying probate attnys; emails regarding: court orders
missing from 2009; emails regarding: KDD in an offer of proof; emails
regarding: Kruzan case; emails regarding: the standard being “clear
and convincing” to deem someone incompetent; emails regarding:
the fact probate court is not following procedure; emails regarding:
missing documents in file (72 emails)
7/8/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing a new blog post.
JMD SYKES BLOG 0.50 $300.00/hr 150.00
emails to and from KDD regarding: GS questioning witnesses at
hearing (3 emails)
7/9/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 blog posts and reviewing log of court records and
transcripts with Law Clerk Zhou.
AZ MARY G SYKES BLOG 5.50 $25.00/hr 138.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 4.50 $300.00/hr 1,350.00
emails to and from the client regarding: cost of corruption on the
blog; emails to and from GS regarding: her criticisms of the blog;
emails regarding: a record subpeona from KDD to probate court;
emails to and from the client regarding: duties of the notary; (24
DENISON & ASSOCS, PC.
October 9, 2012
7/10/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Preparing 2 posts for blog and reviewing case law for Attorney
AZ MARY G SYKES BLOG 6.50 $25.00/hr 163.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 3.50 $300.00/hr 1,050.00
emails to and from TL regarding: cases relating to full faith and credit;
emails from KDD regarding: calls for an investigation; emails to and
from KDD regarding: a motion for judgment on pleadings; emails
regarding: LB obstructing GS as a witness (20 emails)
7/11/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Reviewing the case file at Probate Court and making copies of
necessary pleadings to post on blog.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Constructing table of missing pleadings from the court file in Judge
JMD SYKES BLOG 2.25 $300.00/hr 675.00
Emails to and from RB regarding Social Probate Disease, who the
“clout is in Illinois”, transfer of missing funds and lack of attack by
tax authorities; the record on appeal is missing; emails from KDD to
client regarding her familiarity with Probate Act; Rule to Show Cause;
emails regarding incompetency and adjudication of disability; email
regarding attorney Black’s letter; that PS’s Motion to Void the
Settlement Agreement was filed in May 2011; that numerous court
orders PS claimed existed (an order striking GS’s Requests to
Admit) are not of record in the Probate File; that in the Probate file
there are references to Judge Stuart saying Judge Connors brought
up the issue of Sodini Jurisdiction and that Judge Stuart would not
bring it up again–clearly not the law, so what’s up with that?; emails
to and from court reporters regarding payments on account (12
7/12/2012 JMD MARY G SYKES BLOG 3.50 $300.00/hr 1,050.00
Preparing a blog post and reviewing case file in Probate court.
AZ MARY G SYKES BLOG 6.00 $25.00/hr 150.00
Photocopying the court records that were not in the court file at
Attorney Ditkowsky’s office; updating table of missing documents.
JMD SYKES BLOG – COST OF CORRUPTION 4.25 $300.00/hr 1,275.00
Emails to and from KDD regarding Mr. Fogel and investigation
regarding nursing homes; standards to show disability and it must be
by clear and convincing evidence; regarding our day in court and
judges were asking about 14 day notice suddenly; requirement to
send petition to close relatives; the failure of the GAL’s to report
various nefarious activities to the Probate Court; emails regarding
“table of transcripts, hearing dates and pleadings”; emails regarding
jurisdictional problems with Probate court; sharing of transcripts with
KDD and LC; birthdates of miscreants for asset searches (20 emails)
7/13/2012 JMD MARY G SYKES BLOG 6.50 $300.00/hr 1,950.00
Intraoffice meeting with Attorney Ditkowsky’s to review his records
and files for additional copies of pleadings because 80% of the court
files has been removed; preparing 4 posts for blog.
AZ MARY G SYKES BLOG 3.00 $25.00/hr 75.00
Updating blog and obtaining copied transcripts from court.
DENISON & ASSOCS, PC.
October 9, 2012
JMD SYKES BLOG – COST OF CORRUPTION 3.75 $300.00/hr 1,125.00
Emails to and from Attorney Leah Black from client; authorization to
publish; info regarding another victim contacted by 60 minutes for
possible program; corruption is akin to Greylord; reviewing and
publishing Cost of Corruption bill for May 2012; news that Judge
Garber held CT in contempt of court for failing to allow client to
retrieve all her property from Mary’s home after wrongful eviction;
accounting table to Sykes court reporters; regarding obtaining copy
of court order from Judge Garber; items missing from payment table
for court reporter; emails regarding Senator Kirk may have helped
out; emails regarding Judge Garber in FED court (23 emails)
7/14/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 1.50 $300.00/hr 450.00
Emails to and from client regarding nursing homes expelling state
monitors; emails to and from KDD regarding state fraud and
corruption in nursing homes; emails regarding food in nursing homes
and use of drugs there; emails from KDD to free Mary Sykes; emails
regarding disappearance of files from Probate Court; emails
regarding spoliation of evidence; emails from Attorney Belanger
regarding her case and the Sykes case and many parallels; (9
7/15/2012 JMD MARY G SYKES BLOG 1.50 $300.00/hr 450.00
Preparing blog post.
JMD SYKES BLOG – COST OF CORRUPTION 3.25 $300.00/hr 975.00
Emails to and from KDD regarding status of Sykes case; case cite
from KDD regarding In Regarding Doyle and his first amendment
rights; Rule 260 prehearing conferences; KDD emails regarding the
facts published were in fact true and correct and his first amendment
rights were violated; emails regarding the Sarhan case; emails to and
from KDD that he may have to take his case to Federal Court for
relief; emails regarding disturbing reports from other blogs and other
probate cases. KDD emails regarding injustices in the Sykes case;
emails to and from client regarding what went on in court against CT;
that client suffered a severe battery by FT; (16 emails)
7/16/2012 JMD MARY G SYKES BLOG 4.50 $300.00/hr 1,350.00
Preparing 3 blog posts and preparing table of missing files and
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Traveling to Court to obtain appellate case volumes and court order
from previous status hearing for Ms. Mary Sykes’ case; ordering
transcripts from court reporter’s office and updating blog.
7/17/2012 JMD MARY G SYKES BLOG 6.00 $300.00/hr 1,800.00
Updating and reviewing table of torts; preparing 2 blog posts.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails from ND ILL BK regarding GJS relief from stay motion
recently filed; emails regarding pleadings missing in Probate Court;
KDD makes citizen’s complaint publicly regarding GJS battery at her
home; plea for more emails to the US State Attorney regarding the
battery; emails regarding other court observers that this blog is
indeed correct; emails that this is second battery by FT, that he also
battered elderly sister Yolanda last year; email from GJS that she is
afraid to have police or sheriff’s offices involved; emails regarding
seizure of attorney laptops in probate court; emails regarding proper
procedure for a bond in probate court which was never done; KDD
emails comparing Sykes, Tyler, Gore, Wyman cases; GJS emails
regarding eviction; emails that I never hear back from Attorney Leah
Black after I fax her evidence of corruption in the Sykes case; emails
regarding fax to IAG are not answered; (33 emails)
DENISON & ASSOCS, PC.
October 9, 2012
7/18/2012 JMD MARY G SYKES BLOG 1.00 $300.00/hr 300.00
Preparing blog post.
AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Updating blog with newly received court transcripts and updating
table of missing court records with same.
JMD SYKES BLOG – COST OF CORRUPTION 0.50 $300.00/hr 150.00
Emails to and from court reporter’s offices regarding additional
transcripts. (3 emails)
7/19/2012 JMD SYKES BLOG – COST OF CORRUPTION 2.00 $300.00/hr 600.00
Emails to and from court reporters; emails regarding updating table
on missing pleadings; emails regarding partition proceedings and
appointment of a commissioner; emails regarding PS breaking
federal banking laws; emails regarding lack of jurisdiction by court;
emails regarding Chase destruction to GJS home; emails to and from
KDD that Chase must be included in any suit for partition and they
have not been; emails regarding Illinois Statutes on Partition; emails
regarding Motion to Nonsuit under Sodini. (10 emails)
7/20/2012 AZ MARY G SYKES BLOG 4.00 $25.00/hr 100.00
Legal research regarding federal banking laws in regards to Chase
and the laws they broke in the Mary G. Sykes case.
JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails regarding Chase and federal banking laws; emails from KDD
that there may be possible plants (bogus clients) walking around on
the Sykes case (2 emails)
7/21/2012 JMD SYKES BLOG – COST OF CORRUPTION 0.25 $300.00/hr 75.00
Emails to and from KDD regarding watching for plants in the Sykes
7/22/2012 JMD SYKES BLOG – COST OF CORRUPTION 1.75 $300.00/hr 525.00
Emails to and from KDD regarding the Jacyz case in Probate and
responsibility to client; emails regarding comments from other
Probate blogs and the guardianship swindles going on; KDD emails
calling for an investigation on Sykes; emails regarding deposition of
GJS by ARDC. (5 emails)
7/23/2012 JMD SYKES BLOG — COST OF CORRUPTION 0.75 $300.00/hr 225.00
Emails to and from KDD regarding the deposition of Scott Evans and
he did well; emails regarding obtaining deposition copies; (5 emails)
7/24/2012 JMD MARY G SYKES BLOG 2.00 $300.00/hr 600.00
Preparing 2 new blog posts.
7/24/2012 JMD SYKES BLOG – COST OF CORRUPTION 6.00 $300.00/hr 1,800.00
Emails to and from KDD regarding the deposition of Scot Evans and
that it went fine; emails regarding KDD Motion to Administrator
regarding failure to comply with Rule 201(k); that Attorney Black was
seeking to bar GJS as a witness and how unfair that was; email
regarding disrespect for justice; emails regarding comments on SE’s
deposition; emails regarding GJS’s emails to Lawless America; that
LB asked SE if he considered noninventorying of $1 million in gold
coins to be theft or not; permission to publish the depn of SE;
emails regarding a possible New York Times article on the case;
emails from Nasga regarding changes to Illinois law for guardianships
and that state attys should not be favored; emails that more needed
to be done (26 emails)
7/25/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing emails from Attorney Ditkowsky and others and preparing
4 blog posts.
AZ MARY G SYKES BLOG 5.00 $25.00/hr 125.00
Updating blogs with tags and new blog posts.
DENISON & ASSOCS, PC.
October 9, 2012
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and AZ regarding motions to bar witnesses
and grounds therefore; that GJS was an uncooperative witness and
unneeded; emails between GJS and LB regarding her deposition;
emails regarding “Important Pleadings” in the Sykes case; emails
regarding new legislation; emails from GJS regarding the blog; emails
regarding comments on blog; Motion to bar Gloria emails; KDD
emails to Attorney Black; emails regarding goose stepping and jack
boots and brown shirts and this case; emails regarding Operation
Greylord; emails regarding Mary’s driver’s license and when it was
last renewed; that Attorney Black may have blocked emails from
KDD?; emails from GJS she wants to file an affidavit to correct
testimony of others; emails regarding AS, CF and LB. (45 emails)
7/26/2012 JMD MARY G SYKES BLOG 4.00 $300.00/hr 1,200.00
Preparing 5 blog posts; reviewing declaration from Ms. Bakken for
post of same.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from court reporters regarding outstanding transcripts;
KDD emails regarding purging records; receipt and publishing of
affidavits from Yolanda and Josephine that the Sykes case has no
jurisdiction; emails regarding theft, embezzlement, false
imprisonment of granny; emails from GJS regarding care plan and
she would have worded declarations differently; emails regarding IRS
and misdepositing funds; emails regarding oral notice and jurisdiction
under the Probate Act; emails from GJS regarding the blog; emails
from KDD to CF regarding files from Secy of State and Mary’s divers
license; emails to KDD regarding hearing on CT Petition; emails to
and from Ms. Bakken to redact the declaration from her mother;
emails on CT petition and hearing to appoint; emails to GJS to get
her book and movie deal done; (61 emails)
7/27/2012 JMD MARY G SYKES BLOG 3.00 $300.00/hr 900.00
Preparing declarations of no notice of hearing for Aunt Jo and Yo;
reviewing proof of claim.
JMD SYKES BLOG – COST OF CORRUPTION 7.00 $300.00/hr 2,100.00
Emails to and from GJS regarding calming her down; emails to
publish GJS declaration that she never received Sodini notice;
litigating the validity of an order in the probate court is not permitted;
KDD email to CF that she infringed upon Mary’s and Gloria’s rights in
the Sykes case; emails attempting to calm GJS down; emails
regarding other cases which got media attention; emails regarding
acctng on GJS house; emails regarding KDD preparing for ARDC
hearing; that KDD sent out two Motions in Limine; applying for drivers
license records; emails regarding asset searches on CT, FT, etc.,
7/28/2012 JMD MARY G SYKES BLOG 5.25 $300.00/hr 1,575.00
Preparing 5 posts for blog; reviewing and revising table of torts.
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from ND BK ILL regarding proof of claim by Chase;
emails to SE regarding details of case and home equity; emails from
KDD to CF that Mary is being denied her life, liberty, property, civil
and human rights; email from GJS that CF admitted the summons
served upon Mary was wrong; emails from GJS to CF; emails from
KDD to CF that jurisdiction is lacking in the case; that if the
miscreants were acting in good faith they would call to dismiss the
case and investigate CT; emails from SE regarding lack of
jurisdiction; that CF is engaging in intimidation; emails from KDD that
CF’s book should be published by Dell Comics. (50 emails)
DENISON & ASSOCS, PC.
October 9, 2012
7/29/2012 JMD MARY G SYKES BLOG 2.50 $300.00/hr 750.00
Reviewing Proof of Claim and Cost of Corruption Bills.
SYKES BLOG – COST OF CORRUPTION; 8.00 $300.00/hr 2,400.00
Emails to and from ND ILL BK that Attorney Bussee filed his
appearance; emails from KDD that the first amendment is under
attack by the miscreants; emails from KDD to CF to joing in
dismissing the Sykes Probate for lack of jurisdiction; email from JMD
to CF to dismiss the proceeding for lacking jurisdiction; emails
regarding similarities between Wyman and Sykes; emails regarding
elder abuse cases; that even if the case is dismissed for lack of
jurisdiction, CT must file an accounting; KDD emails on Greylord and
parallels to the Sykes case; emails regarding publication of
declarations from GJS and the elderly sisters to show the Sykes
Probate court clearly lacks jurisdiction and CF and AS should be
calling for its dismissal; emails between SE and GS regarding
references to two houses and what to call them; email from AZ who
thought that CF threatening her was a very desperate action; the key
right now to is get investigation going; email to CF regarding GJS and
the home and what was in it; (46 emails)
7/29/2012 JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and CF regarding lack of jurisdiction in the
Sykes case and missing gold coins; regarding filing a Petition to
Dismiss regarding Sodini notices; emails to and from GJS and KDD
regarding a Motion to dismiss; emails to and from KDD regarding the
Greylord scandal; emails regarding proper procedure for citations;
emails regarding directing others to the blog for reference to torts
against GJS and Mary; JMD drafting such a motion for the blog;
emails regarding the Schwartz case and Attorney M. Soto; emails
regarding case Schlieper; emails that the table of torts and missing
documents makes everything much easier; emails regarding abuse
of process and malicious prosecution; emails that GJS received no
citation to discover assets and it was not properly served by a
Special Process Server; that GJS hired an Indiana Attorney–R.
Bussee to help her out; emails to calm GJS down; reviewing West
law caselaw from KDD: hearing burden of proof, In regarding Baker,
Procedure on the Petition; emails regarding freezing assets in
Indiana; perhaps the authorities in Indiana in that jurisdiction should
be contacted regarding lack of jurisdiction and lack of a citation to
recover assets; that there is no conflict in a case where jurisdiction is
lacking; emails regarding docket sheet; emails regarding the
citation to discover assets; emails bet. KDD and CF; emails to CF
regarding motion to dismiss/nonsuit; emails regarding the Motion to
Dismiss/Nonsuit; (48 emails)
7/30/2012 JMD MARY G SYKES BLOG 6.75 $300.00/hr 2,025.00
Preparing Motion to Dismiss/Non-suit for Attorney Farenga and
assembling exhibits thereto; publishing Cost of Corruption Bill on
blog; preparing numerous blog posts to Law Clerk Zhou.
DENISON & ASSOCS, PC.
October 9, 2012
JMD SYKES BLOG – COST OF CORRUPTION 7.50 $300.00/hr 2,250.00
Emails to and from work done by TL; that CF should call for an
honest investigation and file a Motion to Dismiss Sykes; emails from
KDD regarding denying Mary her liberty, property, civil right and
human rights; that what CF and AS are doing is wrong, very wrong;
emails to GJS to file the Motion to Dismiss if CF does not; emails
that GJS did not like the wording of the declarations; that the judge
had wrote”too late to contest jurisdiction”–which is not true; Judge Stuart never
made sure GJS, Jo or Yo were served with Sodini Notices; that on p
60, line 18 and following the court enters its ruling colding CT in
contempt of court; that we need to publish more transcripts; that a
court acting without jursidiction is a clear and present danger to all;
emails regarding the Nov 18, 2009 motion setting the hearing on
petition for Dec , 2009; that both GAL’s know that the court lacks
jurisdiction; (33 emails)
7/31/2012 JMD MARY G SYKES BLOG 5.00 $300.00/hr 1,500.00
Preparing cost of corruption; reviewing FED transcript and post and
sending fax to IAG including the table of torts and table of missing
files; preparing 4 posts and Motion to Dismiss/Non-suit for Attorney
JMD SYKES BLOG – COST OF CORRUPTION 8.00 $300.00/hr 2,400.00
Emails to and from KDD and GJS regarding the non inventory of the
gold coins; emails to GJS to calm her down; fax to Presiding Judge
Evans; emails to Moosey regarding lack of jurisdiction in Sykes
case; emails regarding letter to Mr. Moosey; emails to GJS
regarding filing Motion to Dismiss; emails regarding how all of the
serious torts against Mary and GJS could have happened in the US;
publishing Motion for GJS to file; email from KDD to use a Motion to
Dismiss now; emails to GJS that legal documents are not
copyrightable and are not “owned” by anyone; email of documents
from DMV; (53 emails)
For professional services rendered 271.25 $66,114.00
Additional Charges :
7/11/2012 Copy charges for Sykes file. 13.75
7/13/2012 Copy charges of the Sykes File 13.09
7/16/2012 Transcript of court proceedings from Court reporter Sharon Rodrigo for the hearing on 5/11/2012. 40.95
Payment to DMV for Asset search. 36.00
7/17/2012 Postage for correspondence. 0.45
Postage for correspondence. 1.30
Payment to Vimeo, LLC 9.95
Total additional charges $115.49
Total amount of this bill $66,229.49
Previous balance $136,523.33
Balance due $202,752.82
Current 30 Days 60 Days 90 Days 120 Days
66,229.49 0.00 136,523.33 0.00 0.00
One of the issues that KDD and many, many others have brought up is why are GAL’s running around the courtroom and billing the estate long after a temp guardian and even plenary guardian has been appointed? It makes no sense, and perhaps we need a change in law on that–that GAL’s need to be discharged once a plenary guardian has been appointed, UNLESS there is a motion to terminate the present guardian pending. It seems to me these GAL’s hang out too long after a PG has been appointed, often churn up dissent in a family, and bill, bill, bill.
A GAL is appointed to be the eyes and ears of the court. They are supposed to be an independent third party that reports back to the court 1) if they think a guardian needs to be appointed based upon simple questions regarding the estate of the person and finances; 2) if the person objects to the guardianship and wants an atty; 3) who the Respondent wants to have appointed as guardian, if one is to be appointed; 4) if there is in fact a POA appointing a guardian over financial matters and the person; etc.
Of course, we KNOW this is often not going on. Many people report back the Respondent in a Petition for Guardianship wants an atty, objects to the guardianship, objects to where she is living, and wants to go home. It’s a huge, huge issue in guardianships.
But one the appointment is over, the guardian is supposed to marshal the assets, fight off litigation, conduct a proper inventory and accounting and manage the estate and person properly.
Far too often, the probate courts are using the GAL’s to take sides and churn up problems after a favored GAL has been appointed.
See KDD”s comments below.
4 Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).
5 Lewis v. Hill, 387 Ill. 542, 56 N.E.2d 619 (1944).
6 Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919).
Differing result after appointment of one who is only guardian ad litem, see In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).
7 Bradshaw v. Lucas, 214 Ill. App. 218, 1919 WL 1599 (3d Dist. 1919) (requiring trustee of spendthrift trust to pay income to guardian).
8 In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992).
9 755 ILCS 5/11a-14.1, as amended by Illinois P.A. 90-250, effective July 29, 1997.
Duly appointed Public Guardians and the Office of the State Guardian have the power to admit a ward to a residential facility.
10 755 ILCS 5/11a-17, as amended by Illinois P.A. 90-250, effective July 29, 1997.
11 755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).
12 755 ILCS 5/11a-22.
See In re Estate of Byrd, 227 Ill. App. 3d 632, 169 Ill. Dec. 772, 592 N.E.2d 259 (1st Dist. 1992); Matter of Estate of Kutchins, 169 Ill. App. 3d 641, 120 Ill. Dec. 114, 523 N.E.2d 1025 (1st Dist. 1988).
13 755 ILCS 5/11a-18(a).
See also Chapter concerning the Rights, Powers, Duties, and Liabilities of Guardians.
14 755 ILCS 5/11a-18(a).
15 755 ILCS 5/11a-18(a-5).
See also Chapter detailing the Rights, Powers, Duties, and Liabilities of Guardians.
Atty Ditkowsky has brought to my attention a great new case from the Illinois Court of Appeals — In re Tiffany (posted below) where the Ill. Ct. of Appeals made it clear that procedure in court must be followed and not ignored; and yesterday in the Sykes case, Judge Stuart, at the end of the hearing on voiding the Apportionment agreement and the issues of Mary’s incompetency will be delayed until after the court rules on the jurisdictional requirements having been met in the Sykes case.
That’s a very, very smart decision by the court. It is likely the best decision that Judge Stuart has made in this case, and one that Judge Connors should have made long ago. It looks like Judge Stuart “gets it”. If further looks like why didn’t CF and AS file a Motion to Dismiss for Lack of Jurisdiction (Sodini notices) long ago and end the (unfair) reign of terrorism on the Sykes family, and in particular, Gloria.
I am very glad that the case is now moving along on the proper basis. As soon as I get a copy of the order, I will publish it.
Ken has some very important words of wisdom below also.
Kind Regards to all of you in Probate,
2012 IL App (1st)102492-B
September 21, 2012
In re TIFFANY W., Alleged to be a Person ) Appeal from the
Subject to Involuntary Administration of ) Circuit Court of
Psychotropic Medication ) Cook County.
(The People of the State of Illinois, ) No. 10 COMH 1713R
) Honorable Robert W. Bertucci,
v. ) Judge Presiding.
Tiffany W., ))
JUSTICE HALL delivered the judgment of the court, with opinion.
Justices Hoffman and Rochford concurred in the judgment and opinion.
O P I N I O N
¶ 1 In her original appeal to this court, respondent Tiffany W. challenged the July 29, 2010,
order of the circuit court of Cook County, which found her to be a person subject to involuntary
administration of psychotropic medication under section 2-107.1 of the Mental Health and
Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2-107.1 (West 2008)). On
appeal, she contended that: (1) the State did not comply with the notice requirements under
section 2-102(a-5) of the Mental Health Code (405 ILCS 5/2-102(a-5) (West 2008)); and (2) the
State failed to establish the elements necessary to administer medication to a non-consenting
person. In response, the State argued that the appeal was moot because the July 29, 2010, order
had expired. We agreed with the State and dismissed the appeal. See In re Tiffany W., 2011 IL
App (1st) 102492-U.
¶ 2 On July 17, 2012, our supreme court denied leave to appeal but issued a supervisory order
directing this court to vacate our order dismissing the appeal as moot, reinstate the appeal and
consider the case on the merits. In re Tiffany W., No. 113839 (Ill. July 17, 2012). In accordance
with the supervisory order, we vacate our prior order and address the merits of the issues raised
on appeal. The relevant facts are not in dispute.
¶ 3 Respondent Tiffany W. was 39 years old at the time of these proceedings and an Army
veteran. She was previously diagnosed with schizophrenia and suffers from delusions and
paranoia. She had been hospitalized on numerous occasions, including at least three admissions
within the year preceding the hearing. As the result of a fall from a ninth-story window when she
was 32 years old, respondent Tiffany W. suffered permanent damage to her brain and spine. She
is confined to a wheelchair and suffers from quadraparesis and dysarthria. Tiffany W., 2011 IL
App (1st) 102492-U, ¶ 3.
¶ 4 In 2009, respondent Tiffany W. stopped taking her psychotropic medication. Thereafter,
her behavior and demeanor diminished, resulting in delusions, including the belief that she is
either a man or God, frequent outbursts involving inappropriate and abusive language, and a
decreased ability to care for her own hygiene or health. Dr. Sean M. Blitzstein, respondent
Tiffany W.’s treating psychiatrist, filed a petition seeking an order for the involuntary
administration of psychotropic medication in order to treat respondent Tiffany W.’s illness and to
improve her quality of life. Tiffany W., 2011 IL App (1st) 102492-U, ¶ 4.
¶ 5 At the hearing on the petition, testimony from Larry W., respondent Tiffany W.’s father,
and Dr. Blitzstein, her treating psychiatrist, revealed that when respondent Tiffany W. took her
psychotropic medication, she was able to live in her own residence with the assistance of
caregivers. Without psychotropic medication, she became agitated easily and delusional and
generally was unable to care for herself. Dr. Blitzstein opined that respondent Tiffany W. did
not have the capacity to decide for herself whether to take or refuse the medication. Tiffany W.,
2011 IL App (1st) 102492-U, ¶¶ 3-4.
¶ 6 Following the hearing, the circuit court granted the petition and ordered the administration
of psychotropic medication to respondent Tiffany W.
¶ 7 ANALYSIS
¶ 8 On appeal, respondent Tiffany W. contends that the State’s failure to comply with the
written notice requirement under section 2-102(a-5) of the Mental Health Code requires reversal
of the circuit court’s order. She further contends that the State failed to establish the elements
necessary to administer medication to a nonconsenting person.
¶ 9 I. Standards of Review
¶ 10 Whether there was substantial compliance with a statutory provision presents a question
of law, which we review de novo. In re Nicholas L., 407 Ill. App. 3d 1061, 1072 (2nd Dist.
2011). A reviewing court will not reverse a trial court’s determination as to the sufficiency of the
evidence unless it is against the manifest weight of the evidence. In re Laura H., 404 Ill. App. 3d
286, 290 (4th Dist. 2010). A judgment is against the manifest weight of the evidence only where
the opposite conclusion is apparent or where the findings appear to be unreasonable, arbitrary, or
not based on the evidence. Laura H., 404 Ill. App. 3d at 290.
¶ 11 II. Discussion
¶ 12 We begin by reviewing the pertinent portions of the Mental Health Code. Psychotropic
medication may not be administered involuntarily to an adult respondent who is receiving mental
health services, unless it has been established by clear and convincing evidence that all of the
following factors are present:
A. The respondent has a serious mental illness.
B. Because of said mental illness, the respondent currently exhibits: deterioration of
his or her ability to function, as compared to the respondent’s ability to function prior to
the current onset of symptoms of the mental illness for which treatment is presently
sought; suffering; or threatening behavior.
C. The illness has existed for a period marked by the continuing presence of the
symptoms set forth above or repeated episodic occurrence of these symptoms.
D. The benefits of the treatment outweigh the harm.
E. The recipient lacks the capacity to make a reasoned decision about the treatment.
F. Other less restrictive services have been explored and found inappropriate.
G. Any testing or other procedures for which authorization is sought are essential for
the safe and effective administration of the treatment.
See 405 ILCS 5/2-107.1(a-5)(4) (West 2008). “Clear and convincing evidence” is “that quantum
of proof that leaves no reasonable doubt in the mind of the fact finder about the truth of the
proposition in question.” In re John R., 339 Ill. App. 3d 778, 781 (5th Dist., 2003). Clear and
convincing evidence is considered to be more than a preponderance but less than is required to
convict an individual of a criminal offense. John R., 339 Ill. App. 3d at 781.
¶ 13 Before a respondent can make a reasoned decision about medication, he first must be
advised as to the risks and benefits of the proposed course of medication. In re Louis S., 361 Ill.
App. 3d 774, 780 (4th Dist. 2005). Section 2-102(a-5) of the Mental Health Code provides in
pertinent part as follows:
“If the services include the administration of ***psychotropic medication, the physician
or the physician’s designee shall advise the recipient, in writing, of the side effects, risks,
and benefits of the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient’s ability to understand the information
communicated.” 405 ILCS 5/2-102(a-5) (West 2008).
¶ 14 The requirements of section 2-102(a-5) are to “ensure that a respondent is fully informed,
but also ‘to ensure that a respondent’s due process rights are met and protected.’ ” Nicholas L.,
407 Ill. App. 3d at 1072 (quoting John R., 339 Ill. App. 3d at 784). Strict compliance is
necessary for the protection of the respondent’s fundamental liberty interest in refusing invasive
medication. Nicholas L., 407 Ill. App. 3d at 1072. “Verbal notification is insufficient and the
right to receive written notification under section 2-102(a-5) cannot be waived by a respondent.”
Nicholas L., 407 Ill. App. 3d at 1072; see John R., 339 Ill. App. 3d at 784 (written notification is
particularly important where the respondent refuses to discuss the risks and benefits of the
medications with his doctor).
¶ 15 The petition stated in pertinent part as follows:
“The patient was provided in writing the risks, benefits and side effects of each of the
medications requested, as well as alternatives, by Dr. Rishi Kumar, PGY-2 Psychiatric
Resident. This was done on June 11, 2010 and documented in the VA charting system.
The patient became agitated, refusing to read or discuss them, but they were left in the
patient’s room. The patient was again given written information about the risks, benefits,
and side effects of each of the medications requested on July 29, 2010, by Dr. Blitzstein.”
At the hearing, Dr. Blitzstein was questioned by the assistant State’s Attorney as follows:
“Q. Doctor, has the respondent been given written information regarding each of the
medications you’re seeking including the risks and benefits of each medication?
A. Yes, she has. She has been given it on two occasions. On June 11th by my
resident, who was working with me at the time, and also today.
Q. By who?
A. Oh, by me today.”
¶ 16 The reference in Dr. Blitzstein’s petition to “alternatives” indicates written notification as
to alternative medications but not as to any nonmedical treatment options. See Nicholas L., 407
Ill. App. 3d at 1073 (knowledge of alternative medications did not address other medical options
or nonmedical treatment alternatives). The State did not call Dr. Kumar to testify, and Dr.
Blitzstein only referred to written notification of the risks and benefits of the medication, not
written notification of the treatment alternative options, in his testimony. The circuit court did
not make a finding that the State had complied with the written notification requirement. We
conclude that the State failed to comply with section 2-102(a-5) of the Code.
¶ 17 Case law from other appellate districts holds that the failure to comply with the
requirements of section 2-102(a-5) compels reversal of an order for the involuntary
administration of psychotropic medication. See Nicholas L., 407 Ill. App. 3d at 1073. In Laura
H., the reviewing court determined that the State failed to comply with section 2-102 (a-5) where
the documents did not address the risks, benefits or alternatives. Because the State failed to
present any evidence that the respondent was informed in writing of the risks and benefits of the
proposed treatment, as well as alternatives to the proposed treatment, the court held the
involuntary treatment order was against the manifest weight of the evidence. Laura H., 404 Ill.
App. 3d at 290-91. In Louis S., the State’s failure to present evidence that the respondent was
informed of the risks and benefits of the proposed medication required reversal of the order.
Louis S., 361 Ill. App. 3d at 780 (citing John R., 339 Ill. App. 3d at 783).
¶ 18 This district has not addressed the precise issue raised by respondent Tiffany W., i.e.,
whether the failure to provide the respondent with written information as to alternative treatment
options requires reversal. In Nicholas L., the appellate court noted the absence of cases where an
order for the involuntary administration of medication was reversed solely on the basis of the
failure to provide written notification of the alternative treatment options to the respondent but
concluded that reversal in such cases was required. In reaching that determination, the court was
guided by the holding in John R., that “the failure to provide written notice compelled reversal
because the ‘Code’s procedural safeguards are not mere technicalities but essential tools to
safeguard [a respondent’s] liberty interests.’ ” Nicholas L., 407 Ill. App. 3d at 1073 (quoting John
R., 339 Ill. App. 3d at 785). Because the “law is clear that failure to strictly comply with the
[Mental Health] Code’s written notification requirements in general compels reversal,” the court
held that “failure to provide written notification of alternative treatment options compels
reversal.” Nicholas L., 407 Ill. App. 3d at 1073.
¶ 19 The court in Nicholas L. also rejected the State’s argument that the respondent was
required to prove that he was prejudiced by the failure to comply with the written notification
requirements of section 2-102(a-5). The court pointed out that the harmless-error rule did not
apply in right-to-written notification cases. Nicholas L., 407 Ill. App. 3d at 1074 (citing In re
A.W., 381 Ill. App. 3d 950, 957 (4th Dist. 2008)). However, this district has recognized that the
failure to strictly comply with even mandatory provisions of the Mental Health Code can be
harmless error. In re Karen E., 407 Ill. App. 3d 800, 812 (2011) (citing In re Nau, 153 Ill. 2d
¶ 20 In Nau, the supreme court determined that a defect in the notice of hearing required by
section 3-611 of the Mental Health Code (Ill. Rev. Stat. 1989, ch. 91½, ¶ 3-611) did not warrant
reversal. The court determined that the respondent forfeited the error by failing to raise the issue
in the trial court. Even if the court had considered the error, the respondent received actual
notice of the hearing, which allowed him an opportunity to prepare for and be heard at the
hearing, thus satisfying the purposes behind section 3-611. Nau, 153 Ill. 2d at 418-19. Likewise,
in Karen E., this court found that the failure to provide the verbatim transcript of the proceedings
required by section 3-817 of the Mental Health Code (405 ILCS 5/3-817 (West 2008)) caused no
prejudice where the parties agreed to a stipulated statement of the facts from the proceeding.
Karen E, 407 Ill. App. 3d at 812.
¶ 21 Unlike in Nau or Karen E., the purposes behind section 2-102(a-5) were not satisfied in
this case. Not only must a respondent be fully informed, but compliance with section 2-102(a-5)
is necessary to ensure that a respondent’s due process rights are met and protected. Nicholas L.,
407 Ill. App. 3d at 1072. Strict compliance with procedural safeguards is required because the
respondent’s liberty interests are involved. Louis S., 361 Ill. App. 3d at 780. Unlike in Nau, the
legislative purposes of section 2-102 (a-5) were not achieved in this case. Requiring strict
compliance with the written notification requirement is a necessity and not merely a formality, in
this case. Compare Nau, 153 Ill. 2d at 419. Therefore, the error is not forfeited.
¶ 22 Moreover, in light of the second issue raised by respondent Tiffany W., the failure to
comply with section 2-102 (a-5) is not harmless error because it goes to whether the State proved
one of the necessary elements of section 107.1(a-5)(4) of the Mental Health Code. In In re Linda
K., 407 Ill. App. 3d 1146 (4th Dist. 2011), the reviewing court reversed the order requiring the
involuntary administration of medication to the respondent. The court agreed with the
respondent that the State failed to prove by clear and convincing evidence that she lacked the
capacity to make a reasoned decision about the proposed treatment because she was not provided
with the “statutorily mandated written information about the side effects, risks, benefits, and
alternatives of the proposed treatment. Linda K., 407 Ill. App. 3d at 1153. Likewise in the
present case, absent its compliance with section 2-102(a-5), the State failed to prove by clear and
convincing evidence that Tiffany W. lacked the capacity to make a reasoned decision about the
proposed treatment. Therefore, the State failed to satisfy all of the necessary elements of section
2-107.1(a-5)(4) of the Mental Health Code.
¶ 23 CONCLUSION
¶ 24 The State’s failure to comply with the written notification requirement of section 2-102(a-
5) of the Mental Health Code requires that we reverse the July 29, 2010 order, requiring the
involuntary administration of psychotropic medication to respondent Tiffany W.
¶ 25 The judgment of the circuit court is reversed.
¶ 26 Reversed.
Good news all around. You can now see how to properly file a Notice of Appeal, Docketing Statement and Request for the Record Preparation to appeal a Motion Denied by the Probate Court
Appellate Documents to file an Appeal Denying Motion to Dismiss for Lack of Jurisdiction (Sodini)
Great Job! Keep on going, younger daughter.
Thanks for passing this along. I understand before whatever the hearing board does is made final, Ken will be able to submit more argument after learning of specific findings of fact.
Thanks again, you are a great writer and don’t be shy.
First of all, approximately 3 years ago, the attorney for the older sister (Carolyn) in the Sykes case, AND the “special” guardian ad litem called Ken in his office, within an hour of each other, each threatening to file a claim before the ARDC. They threatened to have Ken brought up on charges before the Circuit Court, as they said that the Court had ruled that there was to be no further inquiry into the Sykes case. At that time, I was in the office almost every day because of Ken’s problems with secretaries quitting and/or being sick and I was there when they called. Ken put the calls on speakerphone so I heard them. Ken was livid at this threat.
About a year to a year and a half ago, an ARDC claim was filed by the attorney for Carolyn (Peter Schmiedel), and the two guardians ad litem: the original guardian, Cynthia Farenga and the special guardian ad litem, Adam Stern. When Ken continued to investigate they filed a petition in the Circuit Court for sanctions, and Ken was eventually declared “a bad boy”. He appealed the case,and the claim was THROWN OUT FOR WANT OF JURISDICTION by the APPELLATE court.
After Ken won in the Appellate Court, the undeterred GALs (guardians ad litem) continued to press charges and filed the instant proceedings with the ARDC, with fifteen claims that Ken lied, was deceitful and was interfering with the course of justice and that he had sent emails. Ken had sent the emails, and of course admitted that. BUT he asked for specifics. You have taught law classes and you know that vague claims are not allowed. During the discovery process, the attorney for the ARDC admitted that the ARDC did not have information on what Ken had lied about or how he had interfered with the administration of justice. Of course, then Ken filed a motion to have the ARDC charges disallowed for want of knowledge, clarity and specificity. The first indication that this might not be a level ground proceeding was that Ken’s motion was denied. So he had to defend himself against essentially unknown charges.
Once he came to the hearing, the chief hearing officer sustained every motion of the ARDC to squelch any questioning that had to do with the truth or falsity of what Ken had said, calling it “trying the underlying case”. What was the underlying case? Ken has not appeared for anyone in “the underlying case”. The attorney for the ARDC administrator spent over an hour emphasizing that Ken had been sanctioned by the ARDC, and tried to ignore the actions of the Circuit and Appellate Court on the case which the appellate court had thrown out. By allowing this to proceed, was the hearing officer impartial? Well, I’m not impartial either, but I don’t think it came through as something which properly should have been allowed to occur.
The hearing officer had over-ruled Ken’s objection to telephone testimony by a physician whom Ken had contacted regarding the facts of something that Ken had written to the doctor and was supposed to be in the doctor’s files. When the telephone testimony occurred, the doctor could not find the document or the place on the document to which the ARDC attorney was referring. (All the other witnesses had the benefit of this attorney coming over to them and showing them where to look). Eventually, the hearing officer got so frustrated that he asked to speak to the court reporter at the doctor’s office. The doctor’s reply was “She’s not here”. The hearing officer let this travesty of testimony continue for several minutes before finally stating that the doctor would have to come and testify in person on Friday. If the court reporter who had been hired by the ARDC was noton the scene and recording what was happening, how could the hearing officer hear the testimony, if this was a level field hearing?
The hearing officer had allowed two days (Thursday and Friday) for the hearing and stated firmly that that was all the time allotted. He said that both sides, the ARDC and Ken, had thought it would take only one day, and he had allotted the second day only as an emergency spillover. Then he allowed the ARDC to put on its case until I think it was four o’clock on Friday afternoon. Is this a level playing field?
Nevertheless, with all the obstacles presented, Ken and his attorney were able to show that the older daughter’s attorney KNEW that money which had been frozen by the court system at his request was money involved in an insurance claim in which Gloria (the younger daughter) was the only litigant: the money had NOTHING to do with the old lady. They were able to get the “special” guardian ad litem to admit that the mother was living in Du Page county, when the statute shows that probate proceedings MUST take place in the county in which the person at risk of guardianship actually lived, which was not Cook County; that Mrs. Sykes living sisters (required specifically by the law) had never been formally notified that they had the right to be at any guardianship hearing, the mother was only told of her rights to an attorney of her choice and a six person jury in a meeting in the home of the daughter whom the mother had specifically asked for an order of protection against, by this guardian — so this did not meet the legal requirements. No one contested the claim that Ken has voiced that the mother had been admitted to the hospital for a swallowing disorder only AFTER she had lost 10% of her body weight, nor had the guardians ad litem done anything to protect their ward’s health. The guardian ad litem actually stated that “these things happen to these people” — ie, preventable illness in his ward is none of his duty as the “eyes and ears of the court”. The second guardian ad litem admitted that the only time she ever saw Mrs. Sykes was when the older daughter brought her to her office in Evanston because “Naperville was too far away” and the other guardian lived closer. That is precisely why the Statute says that the proceedings must take place in the county where the person resides. Naperville is in Du Page county, so she knew that she was not a qualified guardian under the statute. Ken and his attorney were able to bring in the transcript in which the first judge in the case clearly said that if the MD (the one with the telephone testimony travesty and Mary’s long time physician) would not sign the form which said that Mrs Sykes was incompetent , the guardians should find another doctor who would–i.e., go doctor shopping And, when he cross examined the first guardian ad litem, Ken was able to get him to admit that there were two doctors who routinely sign such documents and one of them was the doctor who signed the paper for Mrs. Sykes. Finally, Ken’s attorney, when cross-examining the Evanston guardian, got her to admit that the older daughter was allowed to drill a safety deposit box with neither guardian ad litem present, even though they had received all these emails, because they “KNEW” that the gold in the box was imaginary. When they called Ken as an adverse witness, he had the chance to give the four reasons he had to believe that the gold was real: 1) when he drew a will for Mrs. Sykes some years ago, he had properly investigated the size and type of estate he was drawing a will for; 2) Mrs. Sykes sister had told him of the way in which at least part of it had been acquired (inheritance from a specific estate), 3) he had seen one of the coins, so he was able to describe it to coin dealers and/or look up its value in coin catalogs so that he could estimate the total value at that time of the treasure, and 4) that the person accused of having taken the gold without inventory had never denied the allegation. Remember, he was under oath and he is supposed to be presumed innocent and therefore telling the truth. Ken was able to state that he had been asking for investigations by Law Enforcement of activities which did not seem to fit any definition of proper behavior, and that he had been open in all his emails so that the various complainants could not complain that he was acting behind their backs.
The only action which the ARDC attorneys took to “prove” that Ken was telling lies was having the various witnesses they call deny (of course all were under oath) that they had ever done anything illegal — but over and over and over again– clearly another time waster. Last time I studied the matter, in the U.S., a person is innocent until proven guilty — in this level of hearing, by clear and convincing evidence. Under oath these witnesses had admitted that they had not performed the duties required by the law, had not protected Mrs. Sykes interests, had trampled over the rights of others, all of the matters that Ken had been calling for an investigation of. No evidence was given that anyone had ever done anything except to ask what “he said” or “she said”. Ken’s attorney brought out that the fact that these guardians had remained active in the case for no pay was not the ordinary course of legal practice of private attorneys who have bills to pay. Ken specified exactly how much he had been paid (very very little and only at the outset) and that he had an escrow fund that includes more that what he can possibly ever be called upon to return, and that he was acting as a concerned citizen after he had been barred from representing any party in the case… and also because as a lawyer he is bound by an actual mandatory reporting law for questionable behavior of other lawyers or governmental officials. This is called the Himmel rule, after an adjudication. The behavior of the guardians’ ad Litem, the judges, the attorney for the older sister, make it clear that they believe that ONCE a malfeasance has been reported, peons cannot report it again if no investigation has been made by a third party. This is not the clear intent of the ruling of the court which promulgated this rule, nor of the baseline statute. Of course, in their opening statement, the ARDC attorneys had stated that Ken had raised the spector of the Greylord hearings just when the public was beginning to respect the Cook County courts after so many years. No doubt or question about that: most of Ken’s emails had had the word Greylord in their title!!!
Ken was under oath; having been called as an adverse witness, he was able to bring material that had previously been disallowed to the attention of the court. Since the order was apparently written before the hearing officers left for the day.. it was issued early on Monday, obviously, Ken’s exculpatory evidence had clearly never been looked at — again, the presumption of innocence was ignored. Is this a level playing field???
When the transcript is issued… and obviously, the hearing officers relied “only” on their memory of what they had heard …all of this will be part of the public record. In the meantime, the charges against Ken have been on the internet for months and no doubt the order is there now too.
In the meantime, Ken’s attorney showed that the doctor knew that the way in which Ken had phrased his questions did not make it mandatory that he respond. He also showed that the amount of time that the guardian ad litems and the attorney for the older daughter had spent was clearly optional on their part, as they had never sent their copies of the email to spam, formally requested of Ken that he stop copying them on the emails, or taken any action short of the ARDC to stop getting the emails. Meanwhile the ARDC lawyers attempted to break copyright laws by putting blogs into evidence without permission of the copyright owners of the blogs. This is one of the few things they were not allowed to do.
Interestingly, the effect of Ken’s campaign has actually allowed vulnerable people to call upon the “Sodini rule” (an appelate court case relating to the laws of guardianship which I mentioned above), get their hearings, and not be declared wards of the court without due process, have their civil liberties abrogated and the money they worked for all their lives squandered by guardians and kept from their children and grandchildren and rightful heirs. Is this interfering with justice? which was one of the fifteen counts, or is it interfering with nefarious activity?
Why should Ken need character witnesses? He was not accused of stealing from the elderly! He was accused of telling lies about public officials, and the officials under oath were forced to admit the truth of some of those accusations despite the active assistance of the chief hearing officer with the attempts of the ARDC attorneys to bar this evidence. Over the two days, about fifteen people came in to witness the hearing, and that did not include Naomi and myself. Those who could stayed the whole time. One lady who came had a family member from whom nine million dollars was extracted. In another case, I think in Colorado, a ward died under strange circumstances and her body was cremated within hours. The General Accounting Office wrote a report last year stating that elderly abuse by state officials is endemic nationwide. Was this a level playing field? I’m not unbiased, but I still think not. How was the field tilted? There has been plenty of evidence in the past few years about how such things have been done in other cases. Is it likely that what looks like a duck, quacks like a duck, swims like a duck, breaks bones like a duck is a duck??????
Ken is not playing dead by any means. Exactly how he intends to go about ordering the evidence that he has been railroaded is still being decided.
From Joanne again;
Great job and wonderful observations and summary. I only had to correct a few words and typos. You did great and raised some wonderful questions regarding the proceeding.
My question is, how did they spend soooo much time on soooo much testimony regarding what was or was not done in the Sykes probate case when it is clear from the record 95% of those actions occurred when the court had no jurisdiction?
Not having jurisdiction is like the accused who is convicted and spends 3 years in prison when he was never in fact arrested or tried. So everyone talks about the incarceration for 2 days? I don’t get that.
And it’s not like you need witnesses to prove that point. There are 3 declarations on this website from the younger daughter and two elderly sisters of Mary attesting to the fact that they never received 14 days advanced written notice from the petitioner of the date, time and place of hearing, meaning the court actually lost jurisdiction and became a nullity on December 7, 2009. It’s all in writing. The records are published on this website. 3 declarations and a court order from November 18, 2009 setting the hearing date says it all.
The rest is actually history, but I don’t understand how or why the hearing board had to go any further after that.
Working without jurisdiction incurs great liability on all the attys involved in the case and the two judges. The first judge actually sits on the Court of Appeals for the 2nd district and she could not figure out a simple case of jurisdiction? She ran the Sykes probate court from December 7, 2009 until December 23, 2010 without jurisdiction, issuing about an order per month–and all of those orders weren’t worth the Charmin they were printed on!
I guess I don’t understand the ARDC hearing process at all. They accuse Ken of misconduct while at the same time, there was an elephant pooing in their courtroom and they claim not to see the elephant or the mounds of elephant poo.
No one has explained the elephant and the elephant poop to me yet.
1. In Re Mary Sykes: Next court date October 3, 2012. MTD Denied August 16, 2012 and Notice of Appeal must be filed in 35 days, then a docketing statement 14 days after that. Recommended additional actions: Because jurisdiction is in issue, family should file a Motion to stay the sale of Mary’s house and partition of other daughter’s home.
2. In re Wyman. Motion to Dismiss for lack of Jurisdiction filed. In briefing schedule. Sharon Rudy’s assistant asked for extension of time on Friday to file Responsive Brief and that was agreed to as long as she emails me copy of brief on Monday and grants me the same courtesy when necessary. Hearing to be held on Sept 28, 2012 at 11 am. All are invited. Judge Fabiano’s courtroom 217 in Rockford, 400 State Street courhouse. All pending asset sales are on hold until jurisdiction can be determined.
Apparently today KDD received a letter from the ARDC saying they found him guilty of “misconduct”. No reasoning. No findings of fact, no conclusions of law, no reasoning. Just a blanket statement.
So what was the misconduct, exactly? Was it because Larry Hyman made CF cry? Was it because the cats in the peanut gallery commented on the fact LB’s high heels were too big and she flashed boobage during the proceeding clearly aimed at her second chair and the hearing panel chair to distract them? Was it because the peanut gallery, consisting of the 6 to 8 major probate blogs shows up and laughed at LB during appropriate moments because she is clearly technologically challenged?
Many inquiring minds want to know. Hey, I want to know.
But outpouring of sympathy and support for KDD is resplendent among the bloggers and peanut gallery and anyone else who read and reads his words of wisdom.
I advised him long ago to go to Federal Court because the ARDC was clearly “in” on all of this too and friends and cronies of the miscreants. But did he listen? Heck no.
So Ken, don’t dispair. Get your butt over to federal court where the judges didn’t sleep during Con Law 101 and don’t have cronies on the 18th floor. That’s where you belong and that’s where your intellect and abilities will shine. Mucking around with the alligators in the swamp is not where you belong. You are better served up on the hill with wise, intellectual human beings for a change.
To: “NASGAmembers@yahoogroups.com” <NASGAmembers@yahoogroups.com>
Cc: kenneth ditkowsky
Sent: Friday, September 14, 2012 5:32 PM
Subject: Re: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
To: NASGAIllinois@yahoogroups.com; NASGAmembers@yahoogroups.com
Sent: Friday, September 14, 2012 5:56 PM
Subject: [NASGAmembers] From Attorney Ken Ditkowsky re: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
From: kenneth ditkowsky <email@example.com>
Date: Fri, Sep 14, 2012 at 1:41 PM
Subject: Order – dated August 10, 2012 In re: Kenneth Ditkowsky 2012 PR 00014
To: NASGA <firstname.lastname@example.org>, probate sharks <email@example.com>, JoAnne M Denison <JoAnne@denisonlaw.com>, Tim Lahrman Bev Cooper
Just a minor correction, but seniors are being deprived of life, liberty, property, human rights and civil rights. We all know that nursing homes are dangerous places and seniors live about 40% or more fewer years there than in their own homes, so when probate courts declare seniors ALWAYS demented, ALWAYS in need of 24/7 specialized care in a lock down facility (to be sure they don’t escape home before the home is sold), then medicare liens the home, sells it and that pays the US govt AND the probate attys–everyone gets a piece of grandma’s and grandpa’s pie, except the families, we KNOW they’re not happy and they will lose the will to live. It is clearly a deprivation of life, liberty and property and the shameful, dirty little secret of the US, and probate attys in general.
In case you did not know, last night Ken Ditkowsky and Bev Cooper engaged in a wonderful discussion of the evil and corruption which has crept into the 18th floor of Probate, and specifically this show featured the ARDC proceedings.
I was at the taping, and I have been promised disks of relevant shows which I will post on Vimeo and Facebook for your viewing enjoyment. The cable show airs on the North Shore in various suburbs on Comcast including approx. Highland Park, Winnetka, Lake Forest, etc. Bev tells me it will air repeatedly over the next few days, which is great and will give the issues a whole lot more exposure.
Please read on for KDD’s wonderful assessment of portions of his trial (which I happen to agree with).
I also want to thank Bev and Ken Cooper very much for all their hard work on these shows, protecting Probate Court victims and eliminating corruption from the courts.
As you are aware the seniors that are in nursing homes and don’t want to be there are often drugged so they don’t escape and don’t vociferously complained.
Nursing homes are one of the largest users of off-label psychotropic drugs which are dangerous and contraindicated for the elderly and those with heart disease, kidney disease, diabetes, dementia, etc.–because it makes all those conditions worse.
Lisa Madigan has just won an important victory and that is Mega Pharma has to stop lying about these drugs and warn doctors to not prescribe them to the elderly and those with heart disease, dementia, kidney disease, etc. because they are in fact, very dangerous.
And just to let you another dirty secret of mega Pharma. They don’t work. That’s right, you might obtain some temporary relief after a few weeks, but studies show if you were schizophrenic (delusional with hallucinations) before taking such drugs, after 5 years, approx. 20% of patients are, and the brain damage is not reversible.
For a good book on the high pressure marketing of drug companies, read the book or see the movie “Love and Other Drugs”, rated R. The movie, not the book.
Drug companies use patented drugs when other natural remedies are much more effective and cost pennies, because you can’t patent a natural remedy. Then the drug companies bribe and inundate docs with all sorts of slick marketing. Since most docs don’t do any real research or read clinical studies since med school, it’s easy to push them toward expensive, ineffective, harsh chemical drugs that in the end do very little.
My thanks to Lisa Madigan for uncovering this corruption in the drug industry. But these drugs should be banned at nursing homes. They just shouldn’t be there at all.
August 30, 2012
MADIGAN, 36 ATTORNEYS GENERAL REACH LANDMARK SETTLEMENT WITH JANSSEN PHARMACEUTICALS OVER UNLAWFUL MARKETING OF RISPERDAL
Chicago — Attorney General Lisa Madigan joined 36 other attorneys general to announce the largest multistate consumer protection settlement ever with a pharmaceutical company, Janssen Pharmaceuticals Inc., over its unlawful marketing of the antipsychotic drug Risperdal.
The record $181 million settlement with Janssen, a subsidiary of Johnson & Johnson, alleges the company improperly marketed Risperdal, Risperdal Consta, Risperdal M-Tab and Invega, all antipsychotic drugs. Illinois will receive $8.3 million under the agreement.
In a complaint filed today, Madigan and the other attorneys general allege Janssen engaged in unfair and deceptive practices when it marketed Risperdal “off-label” for certain treatments and conditions that the U.S. Food and Drug Administration has not approved.
The complaint alleges Janssen promoted Risperdal for off-label uses to both geriatric and pediatric populations, targeting patients with Alzheimer’s disease, dementia, depression and anxiety, though those uses were not FDA-approved and for which Janssen had not established that Risperdal was safe and effective.
“Janssen falsely marketed this drug to extremely vulnerable patients in spite of any recognized medical evidence that the drug would be safe or effective for individuals with these conditions,” Madigan said.
Following an extensive, four-year investigation, Janssen agreed to change not only how it promotes and markets its antipsychotics but also agreed to refrain from any false, misleading or deceptive promotion of the drugs. In addition to the record-setting payment to the states, the settlement addresses specific concerns identified in the investigation, including restricting Janssen from promoting its antipsychotic drugs for off-label uses.
Additionally, over a five-year period, Janssen must:
- Clearly and conspicuously disclose, in promotional materials for antipsychotic drugs, the specific risks identified in the black-box warning on its product labels;
- Present information about effectiveness and risk in a balanced manner in its promotional materials;
- Not promote its antipsychotic drugs using selected symptoms of the FDA-approved diagnoses unless certain disclosures are made regarding the approved diagnoses;
- Require its scientifically trained personnel, rather that its sales and marketing personnel, to develop the medical content of scientific communications to address requests for information from health care providers regarding Janssen’s antipsychotics;
- Refrain from providing samples of its antipsychotics to health care providers whose clinical practices are inconsistent with the FDA-approved labeling of those antipsychotics;
- Not use grants to promote its antipsychotics nor condition medical education funding on Janssen’s approval of speakers or program content;
- Contractually require medical education providers to disclose Janssen’s financial support of their programs and any financial relationship with faculty and speakers; and
- Implement policies to ensure that financial incentives are not given to marketing and sales personnel that encourage or reward off-label marketing.
Joining Madigan in today’s settlement were attorneys general from: Alabama, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, Wisconsin and Wyoming.
See below. Ken is very concerned he is being prosecuted and singled out because he has made sooooo many public statements about the third currency in the nursing home biz. In case you didn’t know, the nursing homes are filled with grandmas and grandpas just begging to go home. Conversely, in other countries this almost NEVER happens, unless the senior is truly homeless AND has no family.
How did we get to this?
The nursing homes say it is “pure coincidence.” Excuse me for not being naive, but I go to nursing homes, I know people that are in there via my church, my friend’s elders, etc. and I can tell you right now, about 80% are begging to go home. They want to go home. They want to be with family. What I don’t get is these people are not the untouchables. Why is there no one to help them accomplish this?
From what Ken says, you can buy an investment in a nursing home group of beds, and you will be given profitability from that. Now you and I know it’s a scam, but apparently those in the biz get their investors from the houses of worship who are older and have dough and are not likely to stick around 10 years to see the sale in a biz that is undocumented. So, like a good Ponzi scheme, for the first two years, the investment pays off at 20% per year, then it tapers down to 10% per year, and the owners of the scam keep the last 25% saying the home has changed, there are no profits, but when the building land and property is sold, you will get your return and then some. Of course, that never happens.
Ponzi is alive and well and he must have established the 3rd oldest business–investment scams to give the 2nd oldest business plenty of work!
In any case, all of this is a taxable event.
Getting back to our seniors, what happens when grandma and grandpa protest this scheme AND THEY MAKE SENSE? Come up with a BS, mini mental scheme to put them away and put them on strong psychotropic drugs such as Risperdol, Halodol, Seroquel, Libirum, etc. Those drugs should be banned from sale to nursing homes! Gimme a break.
Back to Ken’s position.
From: kenneth ditkowsky
Sent: Sep 10, 2012 8:49 PM
To: Mary Waddell
Cc: “Edward C. Carter” , matt senator kirk
Subject: Re: Thank you again
That you for your support. I am going to win this ARDC thing. I am going to win because I am right and we still live in the United States of America.
My investigation of the Sykes and related matters has not terminated. This morning I was visited by a lawyer who has represented the nursing home crowd and has close ties with them. Apparently in addition to the Rothner/Kaplan grand jury investigation, there is a new Morris Esformes grand jury investigation. Esformes and his son were called before a Federal Grand Jury in relation to some prescription drug overcharges to Medicaid and Medicare. I copied Mr. Carter of the AG’s office so that he can give the information to the IDR investigators who are doing a parallel investigation on behalf of the State.
Once again I got confirmation of the three currency levels that are used by the Cabal to evade taxes. I’ve given this information to law enforcement previously and they seem uninterested. What is interesting was the ARDC attorneys questioned me concerning my e-mail in which I furnished the AG’s office of the non-cash currency – i.e. the nursing home bed barter, and the opportunity barter. Both are very difficult to prove for law enforcement, but have resulted in millions of dollars transferred sans taxes. As at this point in time I am paranoid I wonder if the ARDC attorneys had a motive that was unexpressed in their effort to ‘shut me off!’ I do not know one way or another, but as I do not believe in coincidences it seems to me that with certain health care provider investigations now disclosed to before a Federal Grand Jury and me spouting off about extra legal currencies – ****. The fact that I was questioned concerning an e-mail that disclosed this situation sets up a red flag. The fact that I was asked if I felt the need to repent for doing what any human being and citizen is expected to do sets up a second red flag. I make no accusation! I am just exercising my First Amendment Right to discuss this unusual situation with a ‘friend!’ Some people in authority might not approve, but the US Supreme Court in Alvarez made it clear that the US. Supreme Court approves.
Ms. Waddell, it now appears that the nursing home cabal has been now reported to trade in the opportunity to gain pecuniary advantages. I was alerted to this situation in the Sykes case when a cabal owned entity was recommended by the guardian ad litem to supervise visitations by Gloria and Aunt Yo. Why did Mr. Stern (as an example) want supervised visits. I saw one of the bills that Gloria Sykes received – she was charged for the supervision of Mary’s dog!. After my niece was fired from a Speech therapy job, I asked a couple of questions and received an admission that indeed, my niece was terminated as the result of ‘her publication’ of the 3rd currency. (She did not know anything about the 3rd currency, but she got credit – as she had already lost the job and I did not want her working for these people I did not correct the impression – until now!)
We have our hands on a major miscreant situation. I have suggested that people write their elected representatives and law enforcement. Maybe we will find an elected representative who really cares about the elderly and who has learned the lesson that Democracy is not a spectator sport. I would like to know if my being questioned on the nursing home currency was coincidence or something more sinister. The nursing home industry is a billion dollar industry and with government involved the health care industry in spades, doubled and tripled well connected nursing home owners stand to make a fortune at taxpayer expense. It is obvious that the individual political operative does not care – Carolyn Toerpe did not inventory a million dollars in collectibles. Not only is the United States and the State of Illinois not seeking to collect the taxes but the ARDC is working to shut me up.
Thank you again for your support.
And if you get a chance, please check out John Wyman’s book on Amazon — “Against her will” — it details his mother’s struggles, his struggles and the family desperation lumbering under yet another Illinois Probate Court clearly acting without jurisdiction since July, 2009!
There is no doubt the effect on the family is one of demonizing and terrorizing them. We have stopped the sale of further assets, but eagerly await the court’s determination of jurisdiction. Let’s see if Judge Fabiano will do the right thing. I have also asked OPG Sharon Rudy to do the right thing and rather than file a Response to my Motion to Dismiss/NonSuit for lack of jurisdiction, she SHOULD JOIN WITH ME AND DO THE HONEST THING AND DISMISS THAT LAWSUIT!
Until much after the hearing, I was under the false impression that the three hearing officers were employees of the Supreme Court of the State of Illinois. In fact, they are pro-bono lawyers from big firms — at least the two men are from large and probably national law firms and I missed which firm Ms. Williams is employed by, frankly, because I thought these were the activities that qualified them for a paying job as hearing officers, not their current affiliations. Taurig-Greenberg, of course, represents many politicos, including, in the past Abamoff, and all of the Indian tribes he was setting against each other. I think it might have been involved with either Rezko or Cellini but I have not researched that. Nevertheless, if you noticed, the men’s suits did not come off the sale rack at TJMaxx, Cosco, J.C.Penney, or the like. Hilliken’s tonsure probably cost what Romney’s, Clinton’s, Kerry’s did. These are the kind of people who CONSTANTLY have to guard their own personal assets against their own financial managers, their former wives, their former trophy wives, their feuding step-children — and there have been plenty of well publicized cases in the last few years of heirs and heiresses and other business titans who have been dispossessed by family members. Also, they also probably have to appear occasionally in court, and certainly have to manage the way their cases are run. If THEY THEMSELVES happen to guess wrong as to which political or economic powerhouse to displease, they could also be hauled before the ARDC. Maybe they were not favorably impressed by a twenty eight year old twerp almost pornographically rhapsodizing about the “Disciplinary” powers he had been granted. You and I don’t know anything about the fond family relations that may OR MAY NOT exist in hearing officer Williams’ family, or what depredations her immediate or extended family might have suffered in the recent or more distant past from over-reaching governmental agencies.
So, until they make their finding, which could be tomorrow but is more likely to be six months or a year distant, we do not know what they are going to do. We do know that in theory, this was not a trial of the ARDC; the hearing officers, however, do have the power to make a finding in which they denote that they expected not to have to use the second day of the hearing at all, and were reserving it only for emergency purposes. Instead they were forced to listen to the Administrator attorneys wasting their time pretending that an investigation of someone accused of miscreant behavior was properly made by asking them under oath whether they were miscreants for hour after hour, whether they were forced to listen to the administrators’ lawyers reading to them as if they illiterate after they had been told not to, whether they thought that it was appropriate for Ken’s arrival ten minutes late on Thursday would be mentioned when they (the hearing officers) themselves did not enter the courtroom until 9:40 AM on Friday, and when Black was herself late several times after breaks (when there were no possible issues of traffic or holdups at the front desk). They may well have noticed that hours were spent detailing a sanctions motion which was declared a non-entity by an appeals court, and they could mention that. The superiors of Black and Apostel (or whatever his name is) had OFFICIAL eyes and ears in that courtroom as well, such as the lady in purple in the desk behind me, the security guard and even the court reporter.
In short, your support was much appreciated. Both Ken and Larry are experienced courtroom lawyers. Drew Peterson was convicted by the fact that Brodsky and his cohort over-reached and allowed in testimony which totally incriminated their witness beyond a reasonable doubt to the one person who took the attitude you or I as a juror would take when faced with a defendant already adjusted guilty by the 11 other jurors — the defendant MUST be guilty beyond a reasonable doubt. I did take that position in the one jury trial I was a juror in, which cost eleven other people, many of whom made little more than minimum wage, two days work instead of only a day’s work for the pittance of seventeen dollars a day… and they were very gracious about that because they too wanted to be sure they were doing justice). When Ken and Larry decided that the case had been made by the unforced errors of their opponents, they did not continue the game and take a chance that they might make forced or unforced errors. They made points by ending early (a 20 minute instead of a 30 minute closing statement) and that donkey Apostel surely lost even more points by taking advantage of Osorian’s invitation to use up a few of those ten minutes.
So if the panel is straight, they had all the evidence they needed that the proceeding was a waste of time and money. If they are not straight, no facts would change their minds!
One of the first things that Ken did was to email everyone he could and thank them generously for his support and I know that I thank everyone (I can still be next thru such a fiasco, but I know that I will have Ken by my side and I have a few choice speeches for the ARDC lawyers they don’t seem to care about grandma and grandpa as much as they do the pitiful likes of Stern, Farenga, Stuart, Connors, Waller and all their co-conspirators.)
In a way, the ARDC was putting grandma and grandpa on trial yesterday and making it clear that if the legal system set up a Gulag for them, then they had better knuckle under and just be held down and shot up with Risperdol, Halodol, doped up with Seroquel and the likes and just shut up and take it. So what if they’re left lying in their own excreta for hours in an awful nursing home like some stories I have heard–despite the fact they had money put away for in home nursing care or the govt could pay and much less than a nursing home at five to seven grand a month to the clout.
Ken is right and I’m proud of him standing up to such injustice.
I wish I could have been there for the whole trial and blogged about it, but I bet there was a set up between AS and LB as usual to kick out my blogging, but no matter.
Through the grapevine, I have heard:
Comments, some catty, but hey what’s life without catty comments from the chicks out there:
1) the tribunal was very uncomfortable, shifting all the time and moving about, whenever Ken or his atty Larry made a speech;
2) LB’s shoes were clearly too big and she fiddled with them as if she had to keep them on correctly so she could run out the door at any minute;
3) Apparently LB wasn’t paying close attention to what she was saying because she listed one of Ken’s unethicals as attacking criminals for their criminal behavior (Freudian slip, perhaps)?
4) The commission said Ken had no one to testify in his behalf, but everyone in the audience was there for Ken and if asked to step forward would have gladly provided an entire dump truck load of manure on the miscrants and provide a halo, golden robe and wings for Ken. At any given time, there were between 10 and 20 people in the audience from recognizable Probate action groups. I didn’t see a single person there for the miscreants.
5) apparently Ken was threatened with being disbarred for being 15 min late (boy are they a crabby bunch), but the other daughter pointed out the tribunal was 30 min late the other day. But that won’t work with them, one of the members is just a member of the public, so you can’t bar them from being a person, but then again, perhaps CF and AS can have them put in a nursing home, drugged and then filch all their life savings in Probate attys fees. Larry never did ask about the average Probate bill from the attorneys, private and GAL circling the place like sharks in a school.
My 16 year old daughter just got up so I have to go.
From Ken Ditkowsky–
Please thank these two individuals for letting me know what was going on today. As you know, I was kicked out of the trial and I am assuming it was a SLAPP violation except for the fact, I think the trial skills of the Administrator and staff are somewhat lacking. Just my humble opinion. I have to say when LB was standing up there and asking essentially, over and over, “Is there any basis for saying (you are a liar, you didn’t serve notices, you are lying about the laws and case law” blah, blah, blah–f course the miscreants were going to put down their heads, not look at the hearing panel and say “no. I’m brilliant. I don’t lie and I would make sure there is jurisdiction and I served summons and complaint for the partition and the apportionment. Duh. Is she kidding?
Gloria informed me that CF’s body language was not good. Like PS and AS, there was a lot of slouching going on and none of them looked at the hearing panel. Of course, you have to do that when you are lying. Your eyes typically and involuntarily dilate when you lie, and liars on the stand never look at the judge. But I digress.
Apparently, Dr. Patel found his way to the 11th floor of the ARDC offices (I hope he got paid $400 per hour for that, I have to talk to him about being an expert witness), and he said he got the letter from Ken and did nothing with it. What else is new? Dr. Patel heals people. He isn’t interested in their family disputes or court disputes for that matter.
None of Scott Evans (close family friend to Mary), the other daughter who was told to show up at 11 am or any witnesses for Ken were used. The other daughter and Scott think it’s because Ken only scheduled 2 days so how it works is that if the plaintiff uses up 2 days, that means the defendant gets 0 days.
Sorry, that’s not how it works. The subpoenas served on every person should say the trial begins on day one and continues from day to day until it ends.
I do patent and trademark work and do trials in Law Division (highest dollar value) of the Cook County Circuit Court. All parties are heard. There is no, we scheduled it for 7 days and the defendant does not get to go on trial. That is impossible. The trials continue from day to day until the plaintiff rests, then the defendant typically asks for a directed finding, then the defendant puts on his case. Since I have heard from Gloria and Scott, then Atty Hyman told me it was over, I assume it is at the point where KDD asked for a directed finding, made a closing argument with respect to Plaintiff’s case, and it is over for now.
KDD should have reserved his right to put on his case and his witnesses. But what is the point? The other daughter will testify, the subpoena was defective, the Sodini notices were defective, she was never served with a proper summons and complaint for the Partition or Apportionment action and it was too late, blah, blah blah. I saw little of case law going on in this proceeding. It was really legal light. (my apologies to Leah Black, but you know….)
So keep on checking back.
I am going to check with Larry tomorrow for his details.
But in the meantime, the body language reports continue. Other daughter says that CF was looking down, slunched over and looked down (obvious sign of lying). She says that Dr. Patel said he did nothing with the letter from KDD other than dumping it into the file (which you know from yesterday he had problems leafing through without the help of his “office manager”.–love those docs!).
If LB is bringing a case against KDD for writings with “an obvious disregard for the truth” she needs to watch more cable and Dish TV. Everyone knows there is a ton of BS in the world, and no reason to get uppity about it. Officer Cammeron was not impressed, neither was anyone else. But they all keep the emails “just in case.” Has she heard that pixels bounce around in cyberspace for free? That’s right, no obligation and no cost.
Oh, and here’s something funny. While I know body language is important, and Scott knows it too and so does the other daughter, being a reporter, at one point they all got bent out of shape over this and told the witnesses they could not even glimpse into the courtroom for that! Amazing. I have heard you can’t listen to another witness’ testimony, but body language? Are they kidding? I’m not even sure that is right. The reason for exclusion of witnesses is to make sure testimony is fresh and truthful.
But to say you can’t even look at body language? That’s not in any rule I have ever seen. Makes the ARDC look corrupt. Oops! I can’t say that any longer according to Atty Hyman. I have to say that makes it look like the person has deviated from laws, morals or ideals. I can do that. I have quick words in Wordperfect. I’m glad that someone is using technology.
Does this indicate a cover up too?
Mr. Hyman has officially informed me that “corruption” is a pejorative term and I shouldn’t use that in speech (way to go!) or I guess on this blog. So like Ken who says “frugal with the truth” for lying, I guess I have to define corruption as not adhering to a set of ideals, laws or morals. We need a new word because the miscreants just can’t handle it. I would tell them to put on their big boy and girl Pullups, but perhaps that’s too pejorative too.
I really need to write a whole new dictionary based upon probate. Maybe the Probate Sharks will help me with that. I see my stuff on their blog right away, and I am glad for that. Bless them and all the other probate blogs pointing out corruption or a “failure to adhere to a set of ideals, laws or morals.”
I really didn’t know I need a whole new dictionary (besides Wikipedia) for being a lawyer and blogging, and for using pejorative terms such as “corruption” and “lying”. Okay, that’s funny. LOL.
Okay, this is a blow by blow from yesterday. Because I am atty, and because I am running a website, I might have a few restrictions more than the average bear, thank you Yogi.
BUT, I have heard from the other daughter, Scott Evans and Atty Larry Hyman (who has asked I say on the blog he is a great atty and he is–definitely hire him), the trial is over and I get to blog about it and let you know what happened.
See below. You’re gonna love it.
Ken ditkowsky. The evidence will show no jurisdiction. (Came in late to opening argument already in progress and darn, I missed the $13 deal at Lakeshore Athletic club.)
the evidence will show that the guardianship petition was never heard, and the notices were never sent out or complied with. No jurisdiction means no judge or GAL is acting with true authority..
PS will argue that Ms. Sykes was in the courtroom, but HW did not serve her properly either.
Why did he not bother to serve her properly?
I have the right and the responsibility to bring this to the attention of law enforcement and when any citizen of the US has had their rights, their human rights, their civil rights, their right to life and liberty taken away without due process, then I have the right to complain to anyone and everyone.
the flag is my right to complain. I can complain as loud and bitterly as I am able.
How can this happen in the US?, why is this happening?
I have a right and a duty to bring this to the attention of the authorities.
I am still complaining about this. There are people sitting right here who are complaining about this in the courtroom (referring to the people from NASGA, Probate Sharks, etc.
Speech ends. I believe LB or Apoltol whines about the fact that Ken went into Jurisdiction and that will not be part of this proceeding.
The Administrator calls Peter Schmeidel
LB asks him for a brief description of his background.
I’m an atty. I attended John Marshall law school. (Note to Larry and KDD are in parenz–What I want to know is if PS and AS worked at the OPG, were they buddies there? Did they work together? Was one the supervisor of another?)
Employment history. Worked at people law office as an attorney
worked 11 years at public guardians office ultimately in charge for 7 years
I mostly practice guardianship and probate.
I am testifying pursuant to subpoena
I represent carolyn toerpe.
Mary was adjudicated and there has been ongoing contention litigation.
Mary has other living Sykes relatives.
I could swear at this point he referred to Gloria as Claudia.
He then explains what a guardian of person does vs. guardian of the estate. The guardian of the person makes day to day personal decisions such as where the ward goes and what she can do, etc. The guardian of the person takes them to doctor, etc.
Guardian of the estate is responsible for financial side. They are responsible for the assets and inventories and accounting.
Assets and inventories done
Carolyn T was and is Plenary Guardian
Fist retained. Early 2010. Feb 2010. Mary already had been adjudicated.
LB: when was the first time you met KDD?
PS: At end of April 2011. I received a letter from him. Before that, no contact.
LB: look at Exh. No. 3
Have you seen the letter before.
This is a letter I received address to Dr. Patel which was copied to me and 2 other people, including the two court appoint guardian at litems.
I received it end of April 2010.
Is it a fair and accurate copy? A: It is
LB then reads this letter into the record.
Did I read that correctly? A: yes
Other documents were enclosed with it.
What is this document?
A letter. This was an attachment. It is a true and accurate copy.
What is this document?
A. Entry of medical record. Med exam June 5 2009. I also received this. It is a true and acc copy.
A: It is a 2 page document, report of physician form. Filled out in guardian ship matters it is a ccp 211, it is an option of the doctor, of whether that person can make personal and finanacial decisions.
This was filed out by dr. barry rabin.
Was this attached to the letter and this is a true and accurate copy?
This is a form prepared by Mr. Ditkowsky seeking to enter an appearance.
Q. What is this attachment? Is it a true and accurate copy? A: Yes
there were no other attachments.
No objection to admit the letter.
With respect to 2637.
Q: Had this appearance form been filed?
A. It had not been filed.
Mary had already been adjudicated disabled, she was adjudicated in dec 2009,
Q. Could Mr. D. File this appearance form?
A. Mr. D. Would have had to go thru a procedure. There is a procedure.
She could not have the ability to contract, so they would have sought leave of court.
NO CASE LAW AND NO STATUTE ON THAT!
Q: Have you received any email correspondence from Mr. D?
A. I received numerous emails. From Mr. D. Sometimes daily. Sometimes 5 to 10 per day. In total probably over 100, perhaps over 200.
(The objection should be ***seeks facts not in evidence**–If LB wants these in evidence to talk about she should have them there to talk about instead of just speculating a number).
KDD makes general objection. Good, but overruled.
A. In general the emails complained about accusing us of being corrupt, not turning over assets, accusing us of intercepting mail, etc.
Witness then starts in on jurisdiction and lies and says that was addressed in appellate brief and appeal was denied. (Get him on that great big lie, it was dismissed on formatting! The Order Dismissing is on the blog).
Q. About halfway down the page, it is a forwarded message. Talks about disapation of the Mary Sykes estate.
A. I saw it Feb of 2012. It was on my computer.
My email is on there. Kd sent it to me. I had received many emails before.
KDD: no objection to this email.
What are you moving into evidence.
The entire exhibit 25.
1393. A. that’s the second page of the email. Looking at the last paragraph. You reported to me that judge stuart gave lip service to demands of gal’s and PS.
PS took a risky course of action. They then talk about the relationship between the bankruptcy proceeding and the forceable action. Gloria agreed to leave the house on a date certain.
KDD objects to the emails containing heresay. It is all overruled on heresay.
Once you file the bk, there is a litigation stay, including guardianship litigation, I had filed a partition action. (No you didn’t, that came later).
We were attacking an apportionment agreement. Mary syes entered into an apportionment agreement, which Gloria received all the money $750,000 (not correct– she received $500,000. $1.3 million was the settlement total, $500M went to attys, $200M to pltfs bridge loan funds and gloria was left with $500M.
We could not proceed with the partition action, we could not proceed with the apportionment agreement, due to the automatic stay in bankruptcy so we sought to lift it.
(Ask him if he served Gloria properly with a summons and complaint for either proceeding–the partition OR to invalidate the apportionment agreement. Gloria will testify she was not served. Or, she was served the famous Pizza flyer by CF’s husband who is not supposed to serve anyway. There is also no motion or grant of a special process server in the file. And, the file’s a disaster with 80% of it missing. )
Judge Stuart entered an order…..
Gloria had transferred funds that were supposed ly withheld from the settlement and those were in Indiana, and Gloria wouldn’t say….,
He is getting so convoluted.
The bankrupcy judge agreed to lift the bankruptcy stay. It said we had the right to pursue the partition action.
(He forgets conveniently that the federal court the partition is held up because chase has a court date in October 2012 to get live testimony on the fact that while Chase is foreclosing, Chase no longer ownes the mortgage–that is all screwed up. Deborah Soehlig at least admitted to Judge Hollis during a bk hearing that no one had any idea how to do this partition because it is so complicated, and that her firm didn’t know how to do it. At least she was being honest. The partition proceeding is a complete mess. The mortgagee must be a party to it, but Chase sold the mortgage, Chase is not the mortgagee any longer.)
CT must comply with all orders. CT received a modification of the stay to proceed with the eviction order?
Q. Was this modification order entered? Judge studart had violated the automatic stay? The letter was many months after the automatic stay had been lifted.
Q. Any basis to say that the modification order was wrong? A. Absolutely none.
In the middle of the page.
Q. Have you seen this email before
A. It may have come from Mr. Stern. I recognize it as coming from Kenneth Ditkowsky.
A. It’s not from him.
A. LB will seek to have the email admitted via mr. Stern later.
Q. Mr. Ditkowsky said you intercepted mail and that was a crime.
A. Maybe in jan 2011, there was a hearing and judge stuart asked me to send orders to Gloria. Gloria she did not want to be emailed documents from court. I sent an email to her. I was supposed to give Gloria the contact information re dr. shaw. I also sent her orders because that judge had not approved the first or second current account. First current account and the inventory were still unapproved.
On the envelope, there was a little yellow thing (sticker) from the post office. In court the next time, it came back. Then Gloria accused me of intercepting her mail, but in reality it just came back in the mail. I mailed it out and it came back is not intercepting Gloria’s mail.
Q. Is there any basis to accusing you of intercepting Gloria’s mail?
A. Absolutely none.
No further questions
KDD cross examines.
Q. Are you aware of 755 ilcs 11a et seq. In general. It is the statutory scheme for probate and it talks about the notice requirements.
A. Yes, I am very familiar.
I am very familiar with the venue provision.
Q. The venue provision requires that if mary were living with CT, then she would have to be served in Naperville.
Q. Isn’t it true that they did not follow any of rules in appointing carolyn toerpe.
Hearing Chair; Let me state this. We will not making this a trial of what is going on in another court.
We cannot give you anything that would give you an advantage in another court.
(At some point KDD nails PS on the fact that KDD is not a party and never has been a party to the Sykes probate court. He has no other case in which he can “gain an advantage.”)
(He said there were 100 emails of complaint).
I have no other case pending in which I am a party in any other court.
Back to questioning PS. If venue is correct in the place where you live?
Discussion ensures over “gaining an advantage in a court”.
Do I have any pecuniary interest in the Sykes cases? A. No.
Did I ever file any claim seeking anything in the Sykes cases? A. No.
But PS is trying the “I don’t like what you’re asking, so I’m going to ignore and say what I want to diversion tactic. Nice going, buddy. KDD’s on yr butt. And Ken, it’s okay to tell the witness the day will go much faster and he will be excused much earlier if he would just answer the question directly and you intend to get all your questions answered. It’s not hard).
Q. Who filed a Petition for Guardianship?
A. Petition was filed on behalf of CT
Q. Was there a petition to have Mary Sykes declared incompetent?
A. Says lots of stuff, does not answer the question, but finally he admits it.
Q. Was there a petition for Gloria Sykes to become guardian?
A. Not sure if it was ever heard.
Q. But there was a Petition for guardianship.
A. It did not name either the two sisters.
Q. Was gloria syskes ever served with a copy of the petition?
Q. do you have a copy of the document. Is there is a copy of the document.
Q. Is there a copy in the court file?
Q. (Is the time, date and place) on the Petition?
Q Is there a certificate of mailing in the court’s file?
Q. Did you find a certificate of mailing?
He doesn’t recall any of this
Q. Did you send out a notice to gloria?
A. I had nothing……
Q. Have you read the Sodini case?
A. Is it your position that Sodini allows a person to be allowed to be found incompetent without notice to her two sisters?
Hearing chair sustained the objection to asking about Sodini and notice.
(Go back and ask if the complaints you received by email were about the fact there was no jurisdiction. Then it would relate to direct examination, otherwise call him in your case and ask again. What a dweeb).
Q. When the motion came for hearing, was she represented?
Q. When mary sykes was adjudicated, was this done pursuant to procedure of the probate act?
A. When mary sykes was served, she may have been residing with Carolyn.
(Ask if a copy of the summons is in the file or the affidavit of the server? It is not. Judge Connors did not review these documents prior to holding the hearing, as most judges normally do. She would have seen that Mary’s Avondale house was listed, but Mary had resided in Naperville for many long months and by then Carolyn declared Mary would never go home)
A. It is my memory she was residing with Carolyn at the time. (Good, her Chicago address is on the summons)
A. There was a summons issued for mary sykes.
I believe that there was a summons that was served in naperville.
The sheriff was directed to serve many sykes on Avondale? A. I don’t know where the sherriff was directed to serve her. And that was gloria’s residence. Gloria’s residence– from time too time.
Was there an order. There was an ordered entered in law division that was approved. We call it the lumberman case.
It was about gloria and mary sykes.
This is the one at 6016 n avondale.
Did you research this lawsuit before you filed it? (Referring to partition action)
Lumberman’s sued only gloria syskes. Mary was added as a counterplaintiff.
The initial lawsuit against gloria sykes.
Then her mother was added.
The lawsuit was a suit for declaratory judgment (of no insurance). It was suit based upon an insurance policy.
Gloria had taken out a policy on 6016 n. Avondale where she lived. Mary sykes was not on the policy.
(Make sure you make it known that Mary did not live there–she lived at 6014. Mary’s house was 6014 and Gloria’s house was 6016 and the adding of Mary to the property at 6016 was as a testamentary convenience.
Final order entered in Oct of 2008, this probate proceeding was in Jun 2009. Was there ever a petition file was 5/2-1401? Was there any request for post judgment relief?
After 30 days is a judgment entitled to full faith and credit? A. Generally.
All sorts of objections as to giving a legal opinion. (When Ken asks a question about a legal opinion, it is blocked, when LB asks a question, Ken objects and it is always over ruled, indicating clear bias from the tribunal. Even the Probate court is more careful (Judge Stuart) to avoid this type of bias.)
Q. Glorias proceeds were frozen. What was the legal basis for that.
A. Before I was in the case, there was a motion filed with JMC and the assets were frozen until further order of court. This $272,000 was only a portion of what Gloria received.
Q. Was any appeal filed. A. No appeal filed.
Q. Were any post trial motions filed? A. No post trial motions.
The court just took and entered this order.
Q. Isnt’ it true that the only way to attack judge mulhern’s order is by appeal, or 1-1401 that alleges due diligence and a meritorious defense. Otherwise it is entitled to full faith and credit, correct?
A. In most circumstances.
During the time of any disability, then the time to bring it, the order is stayed (tolled?). And there was also a contract.
A contract with a disabled is always voidable. (I’m not sure about that. It seems to me once a Guardian is appointed, then the person is represented and the tolling of limitations stops. The only exception is, if the ward becomes able bodied again, then she will also have the right to sue at that time. I suspect this witness is again being frugal with the legal truth).
That is what we are attempting to void.
There was fraud perpetrated and Gloria got her mother to sign a document and Mary did not have that capacity.
This was based upon the testimony of dr. shaw.
Q. Was the opinion Dr. Shaw made before or after this contract was done?
A. Dr. Shaw examined her.
(Mr. Frugal with the Truth isn’t saying Dr. Shaw finally examined her in fall of 2011! Not 2008.)
(All of Dr. Patel’s records and information are heresay–Dr. Patel did one mini mental in 2007) ask him to explain what a mini mental is. Then ask him about Mary’s hearing and if it were tested and if he knew Gloria was told Mary had to go to learn how to hear again and how mini mentals are contraindicated for those with hearing or vision problems! It’s all on Wikipedia).
Exhibit 3. Dr. Patel says she makes sense. This was June 2009.
The order was entered October 2008.
KD points out MS makes sense when conversing on any topic PS adds she had been diagnosed with dementia.
KD nows tears apart the letter and it doesn’t say he represents Mary Sykes. A. Based upon this letter I joined to get sanctions.
KD: At the time you joined in sanctions, you knew that I had not filed an appearance.
KD: You knew I was never in front of Judge Connors (JMC). A. You were asking for leave to do that.
Q. You also knew that before the petition, I had never even been in that courtroom.
A. I am there most days of the week, I don’t recall seeing you.
Q. Yet you joined in a rule 137 motion and it was overturned due to lack of jurisdiction.
PS doesn’t recall it was overturned due to lack of jurisdiction (yeah, right) another big lie, he is looking down, won’t look up.
KD: You claim 200 emails. Q. Did you file any lawsuit over the 200 emails? Did you file any complaint with the police? Any email asking not to send you emails? A. All answers to these are negative or don’t recall.
Q. you’re aware that because mary sykes relative were never served, there is no jurisdiction.
A. Witness denies this and is looking down at his hands.
No redirect. PS storms out of the courtroom looking down. He always does this when he is caught.
The Administrator calls Adam Stern;
Now, this is where it gets boring. AS will have to answer basically the same stuipd questions that PS did.–OMG I predicted that and I was WRONG!
AS is sworn in. Let’s see how much Ken can go after him in a half hour. I am an atty. Attended Valp school of law 1994. Briefly worked for legal service of NW Indiana and in Mar of 1995 I was employed by Cook County OPG, until may 2002, then I went into private practice, 5 years and then sole practitioner. I practice primarily guardianship and probate law.
I was appointed special guardian ad litem in 2009. I had been appointed gal probably about 800 or 900 cases.
Q. How many of those involved estates of elderly persons. A. Over ten years, my guess would be about 200, 250 cases.
Q. What are duties.
A. In August of 2009 JMC or Judge Maureen Connors appointed me special guardian litem out of an issue that arose regarding mary’s placement and could I assist. Cf was the other gal and she was out of town or unavailable.
Q. Did you continue in your role as special guardian. What are other roles. At this point there are two GAL’s and we share duties. (No, both are in court or are supposed to be there, and they churn the bill all the time. Often CF does not show up and says she has a dental appt for her kid. The kid must have no teeth by now.)
The gal makes recommendations to the court regarding what is in the best interests of the ward and is the eyes and ears, according to case law.
Carolyn Toepe filed for guardian. Exhibit 1
Q. Is this the petition for gal that carolyn toerpe filed? Yes,
A. admitted into evidence.
Q. What happened after carolyn filed this petition. A. There was a court date and I was appointed special gal.
Q. eventually a cross petition was filed by gloria syskes. A. I believe it was with the OPG (on it). They eventually amended this to gloria and kathy bakken.
Q. What is the general process.
A. Initially you file a petition,
the alleged dp needs to be notified, a summons has to be served,
then the court appoints a gal and then informs the dp of their rights, etc., the notice gets sent out and then the judge hears the information and makes a decision.
A an Illinois doctor examines the disable person. With respect to the notice, the notice should be in writing.
A. Is life testimony required? A. No.
Q. How common is it for live testimony? A. Probably ten to fifteen percent of the cases.
Q. Was there a contested hearing regarding the issue.
A. Gloria filed a cross petition, in her petition he alleged that mary was disabled, but in court she vacillated. Mary sykes did not contest the petition for disability.
A. Was there live testimony. A. No live testimony from a doctor.
The Ct had a doctor fill out the CCP 211. And there was also a neurological report, that also supported the need for adjudication.
Gloria also asked for adjudication. (Dr. Amdur–but Gloria did not pick him, although AS says all the time she did.)
Objections on heresay, LB explains she is not going to use this for the truth of the matter asserted. Just using it to explain the procedure.
A. Mary sykes was found incompetent. There was no live testimony.
Q. Was dr. amdur’s report used to adjuciate mary sykes disabled? A. Yes
Exhibit 2. Is this the doctor’s report of dr. amdur.
Is this an accurate copy of this report.
Objection heresay, foundation, they just said they’re not submitting it for the truth. I don’t see it as a verbal act. LB counters it was used to declare Mary incompetent and it is a court document. It is admitted over objection.
Q. How did mary syskes get to be appointed. A. It was on cross petition of mary sykes. Read back the answer
yes, it was on the request of mary syskes.
Q. When did the court enter the order? A. dec 10th 2009 by JMC.
Q. Was there an issue with her appointment? When did the hearing take place?
A. In nov of 2009 hearings were held regarding care plan of both petitioners. After those hearings, judge appointed Carolyn over Gloria (Wrong. Gloria’s hearing was Nov. 18th, and Carolyn’s was on Dec 7th, she didn’t have her oath or bond and it was late so they entered and continued the appointment to dec. 10th. Duh.)
Q. Was there an appeal. A. The appeal was dismissed, WRONG, WRONG, WRONG. The document is on the blog. A 341 non compliance dismissal.
Q. Did you know of KD prior to all of this? A. No, never met him or heard of him.
First page of exhibit.
Letter from KD. Q. When you received this letter 2632. What was attached to it. Can you look at other pages?
Q. Was the appearance form been filed April 2010 letter? A. Not sure, but I think no.
Q. Did you contact mr. Ditkowsky? A. I called to talk about the letter and the attachments hired by family and friends and he went on that he had a right to represent mary sykes guaranteed by the constitution of the the US of america.
He told me he represented her previously.
I contact PS who was the atty for the guardian, I drafted a motion for the court, I think asked for sanctions.
I visited mary sykes over the weekend.
I was curious if she knew who Kenneth Ditkowsky was. Foundation overruled. I met with mary sykes, and asked her if she knew him. Objection. Chair: Lay some foundation.
Q. When did you meet with mary syskes? A. May 25 2010
Q. Was anyone else present? A. Initially the daughter and the son in law, but I met with mary sykes alone.
Q. What was the purpose?
A. To ask Mary about KDD
Q. What was the result?
A. She did not recall who he was.
Q. Was there a hearing (on the petition for sanctions).
Q. What is this document.
A. Transcript of the proceeding on jan 2010. I have reviewed the transcript. Is this an accurate copy of this transcript.
KDD. Objection (to line of questioning) This is already in evidence. Transcript is in evidence.
Q. On the 6th page 1510 starting at line 10, counsel what is this additional appearance, and I want to prepare and represent her. I sent it to everyone to let them to let them know I am going to be representing her.
Q. Did Mr. Ditkowsky tell the judge he represents mary sykes. (Objection, stupid question, the court knows who has filed an appearance and who did not, come on now)
Q. What about the sanctions? A. Mr. KD was allowed to file a response to a motion on sanctions. And to send a copy of the order to 2 individuals. Mr. KD did not file a response. He did not file a response, he filed a Motion to Vacate order appointing guardian, numerous pleadings (FACTS NOT IN EVIDENCE), and other documents not responsive to the motion for sanctions. (He filed pleadings indicating the court had no jurisdiction under Sodini and rule 137, and the latter is what the Appellate court determined. JMC had no jurisdiction over an atty that had not filed anything in her court.)
Q. Was there another hearing? A. that was in June 2010.
Look at Exhibit 5. Transcript June 2011. A. This was date of next hearing.
LB. Move exhibit 5 into evidence. No objection.
Q. Exhibit 6, is this the order entering sanctions against KD? A. yes, on june 23rd.
Move exhibit 6 into evidence. No objections.
Exhibit 7. What is this document? This is the court order from Judge Flemming. This is the amount of sanctions. This is an accurate copy of that order.
Move to enter into evidence. No objections.
Q Was the sanctions order entered later overturned? A. Yes, it was.
Q. Is this the appellate court order vacating sanctions against Mr. Ditkowsky? A. Yes. It is an accurate copy.
Move to admit exhibit into evidence. No objections.
Q. Since being special GAL, any email communications from KDD? Yes
Q. When did you first get these?
A. That weekend I started getting emails. The number varies. Some days I receive numerous emails, some days none. I have saved 200 eamils. (Ask him if he saves them and prints them out?)
Q. Do those emails make accusations about you and the GALS and the judges in the case? A. Yes.
Exhibit 7. Q. What is this? A. This is an email dated Oct 7,2011.
Q. How did you get the email. A. I get numerous emails. I send them to others and they come to me.
Q. Do you recognize the email address. Whose email address. A. KDD
Q. Had you received emails prior to this? A. Yes
Q. Is this an accurate copy? Yes.
Move into evidence?
Objections? KDD: It says email from gloria. I don’t see Mr. Stern’s address on this.
Q. Have you received emails from KD where his name does not appear? (Come on now, even a 2nd grader knows this is impossible! The email is altered. The peanut gallery is snickering).
Q. Did you recieve this email.
A. Objection. Foundation. That it came from Mr. Ditkowsky. There are conflicting lines as to who sent the email from gloria to AS.
I think that a proper foundation exhibit 11 has not been laid and cannot be laid with respect to this piece of paper.
On top it says from Ken, on the bottom it says from Gloria.
It seems to have been altered.
(As him to pop open his laptop and show it to you).
Object to the reading of this. If there is a particular question.
(LB: wants to start reading this again. She is waste of time. No question pending and just the reading of a document.)
LB: I don’t know the point I stopped. … she starts reading…
Deprive a citizen of his or her civil rights, invites corruption…
Not accounting for a bag of gold coins. When stern visited the pg home, stern had a duty to report unusual activity to the court. The doctor shopping. The federal court is not an appellate court is not an appeal court for the probate court. …
This is polluting the probate court…. I am not playing dead or going away…
At the very least they are accessories to criminal conduct….
Finally a question.
Q. Is there any basis to KD said there was “doctor shopping”, any basis to lack of “jurisdiction” any basis to mr. Ditkowsky’s actions in not accounting (objection, that’s not what he said). AS answers all in the negative–no basis to any of this.
KDD. Objection, LB is asking him opinion as an expert. She has not put him up as an expert. Is there any basis that for more for a legal conclusion.
She is trying to call him as an expert and she cannot do that. It’s imporper.
Q to AS: Is there is ant basis you did something improper in Probate court.
A. I do not think so.
Q. Is there any basis to KDD’s statement that wire fraud, mail fraud and rico going on. A. No.
Q. Have you tried to intimidate KD or any other atty? A. No.
Q. Are you aware of CF intimidating any other atty.
A. I am not aware of cf (LIAR) of cf intimidating any other atty in the sykes case (LIAR–CF said she wanted me removed because didn’t want to get “papered to death” meaning I would represent Gloria vigorously and she didn’t want to have to deal with that. Then she started maneuvering to make the my disQ procedure longer and longer out. And then she got Gloria in a tizzy. Gloria’s still in a tizzy over that one).
Q. On Dec 27 burglary..
KDD: Object on foundation. Best evidence.
Exhibit 12 is admitted over objection.
Dec 21, 2010. There appears to be a letter that Mr. Ditkowsky was to send to the ARDC.
To ARDC. There must be a great deal of money involved in Sykes, the harassment of Gloria continues on a daily basis. The actions against Gloria are……
An email detailing more mischief. The illegal injunctions entered in circuit court. These communications resulting in rehabilitation to her home tied up and stopped, and payments not accepted by the mortgage co….
The frustration the public has with us. 9th day of 21 day stay. The voidable order freezes ms. Sykes accounts, and now with the burglary.
I have no idea what the ARDC can do to keep this from happening.
1960’s starts talking $25, and starts with a Greylord story. This was called “selling the judge” Dec 28th fiasco, would have not occurred if the judge were made aware of some of the fact. The stuff which was the subject of the burglary. If I were paranoid, I believe that…..
Involves a great deal of money.
Q. Does the Sykes case involve a great deal of money?
A. AS, laughing, no. The estate has no money. The only great deal of money is the money gloria took from her mother. (Oh, a dodge),
Q. Any basis to say she (Gloria) was ambushed in court. A. None.
Q. Are you aware of judges receiving bribes in the syskes case? A. No, no,,
LB reads: Feb 11, 2012, mother isolated again.
Q. How did you first come to see it (this email)? A. It was sent to me by Mr. Ditkowsky.
Q. Is this a true and accurate copy. A. Yes
Ask that this be moved into evidence.
LB: About 5 sentences down, after reading and doing my own investigation….
Posterboard elder financial and abuse case……
(Get him to admit that Gloria was taken care of by her mother for 10+ years)
The very person. Any elder abuse? To you knowledge? Have you participated in any financial exploitation? AS answers no to each of these.
Has CF or CT engaged in any of these? No, no, no.
(You should get him to admit that there was no hearing date set on the petition and no one got notice of the hearing… The hearing date was not set in 30 days as required by law….. Judge relies on reports on GAL (BUT is this clear and convincing evidence, doctor’s reports are hearsay, so where is the clear and convincing evidence) And what of the fact there was a conflict bet Gloria and Carolyn and perhaps CT kept Mary from court. )
Q. Is this an accurate copy of the email? A. Yes.
Objection. From KDD: I don’t know if this is an original email from me. Best evidence would require him to produce the best copy. Data copy stored in a computer. Any printout that this reflects the data accurate accurately.
I don’t know if this true and correct or not.
There is an original beyond the printout.
LB: cites Rule 1004(3) original in possession
Farenga should testify as to where the fax/email came from. What about the underwriting and the fax encryptions. What about that asks Mr. Chair?
There are obvious marks, circles etc. on the document.
Mr. Stern you notice e circled. Was that on the document. I received the email with the stuff on it. I did not receive the cynthia farenga stuff on it.
Was the bottom fax line removed?
Admitted except the fax description and the handwriting.
LB starts to read again:
Time is short and getting shorter, gold is over 1500 per oz, that means there is almost a million in conins, a class 1 felony. A gal is the eyes and ears of the court.
Q. Did mary sykes own gold coins?
A. First in aug of 2009. Sometime after mr. Kd letter, he started raising this issue. I wasn’t informed of the gold coins before this. KD was the first person to raise the issue of the gold coins.
Q. Did mr. Ditkowsky ever give you any proof of the gold coins? A. I did ask family members about it. And I asked other people about it.
Q. Did you steal any gold coins belonging to mary syskes?
A. I have not seen them. I have not assisted anyone else.
Exhibit 17. Email dated may 11th.
Q. Have you seen this email. A. I have seen the email, not the cf printout, I have seen the email.
Q. How did you come to see the email? A. It was sent from KD . May 11.
Q. Except for the writing, is this an accurate copy, A. yes.
Same objection. The note on the bottom. Forwarded message to KDD.
It’s clearly an altered document.
Chair wants to admit it. He says the testimony as to foundation is sufficient.
LB reads on: First paragraph, even at this late juncture….why does the case require 2 GAL’s….. there is a large cache of gold coins that is uninventoried and can be split.
Is there any basis blah blah. (Why wasn’t this investigated) Good admission, AS has not be paid, and he has not been paid any fees.
(Have you asked the FBI or any other investigator to look into the cash and gold coins)
new witness, police officer tom. It is after lunch and I missed a bit going to the bathroom and getting a drink but I didn’t want to leave KD alone. Everyone else left and went to get drinks and food during a half hour break. I don’t understand how the ARDC gets away with this. In Circuit court the court reporters have a union and they don’t go for more than 3 hours, with a one hour lunch break. If the court wants 4 hours, they have to get another court reporter for the afternoon.
Starting at about 5 min after testimony beings.
Q. What contacts did you have with the Sykes family in Naperville?
A. I looked into all our prior contacts. We had 13 prior contacts. We had all well being checks. Assess her independently.
One court appointed guardians came with us as well.
13 calls prior to that.
Q. Any indication there was any basis for abuse of mary sykes? A. No.
Q. When did you first meet Mary Sykes?
Early 2010. Myself and rita manning. We went to the adult day care. We observed her and then we spoke with mary for about 30 minutes.
Q. Were you able to ask her living arrangement? Did you see any signs of abuse? A. I did not see any signs of abuse.
A. We were all introduced to here, she again asked who we all were a few minutes later and she had to ask adam stern who he was even tho she had met him several times before. (what about her hearing aids)
A. Her physical health appeared to be fine. She could not appear to recall things we told her minutes earlier.
A. She said that her husband would pick her up soon, but then she remembered and she said he was dead.
A. We then prepared police report. After meeting with mary syskes, we discussed this with KD via email.
Q. What about the emails from KDD? How often would you get emails from him?
A. They come in cycles, we would get a bunch for awhile, then nothing, and then we get a bunch more emails. Aprrox, not sure exactly. I have about 1000. Some are from other people, some are from him. I don’t know the exact number.
Q. What is the general subject matter.
A. There is some conspiracy. But we really have no interest to sykes because her home isn’t in naperville and she has no real property here. we really don’t have an interest.
(Not in our jurisdiction).
We weren’t interested.
Q. Email jan 17, 2009. How to pay off your congressman.
How did you come to see this email initially.
When did you receive this email.
Jan 17, 2012. Do you recognize that email? A. Yes
Q. had you receive emails on prior occassions?
A. He might have another email address.
I recognize the email as from KDD
Move exhibit 24 into evidence.
LB then reads an email:
I suspect the plenary guardian has dipped into mary’s money and will not spend dime one. Someone will have to account and that will be the million in cash gold coins and jewelry.
Is the email similar to other emails? A. Yes.
LB reads more. “Two gals were appointed and they decided that Mary was incompetent and Mary rubber stamped her decision. Then her incompetency was rubber stamped.”
Email talks about financial exploitation. Everyone profits, the judge, the gals’ the attys.
They are going over the emails.
( I don’t understand the relevance of the police officer in napervilee got emails? What’s the deal there?)
Objection. Mr. Cammeron’s email address is not the one. His email does not appear on the printout.
LB will try to lay more foundation.
Q. Is this your email address from Tom Camerron?
I forwarded what was sent to me to Adam Stern (I don’t’ get this, what is Adam supposed to say)?
That was on my email.
I asked that there should be something going on in the court proceedings.
TC testified that the email is true and accurate to the best of his recollection.
(Why is there Prudential security in there? I don’t get that?
There always seems to be one of them here. Do they get paid more for that? There’s always 2 of them)
Q. Do you have the police report. KDD. Objection We did not get a copy of this police report and we did not know that was to be used in evidence. (Larry should have objected to facts not in evidence).
LB: this was produced in April and is bates stamped pages 1929 to 1936
She struggles to show KDD a copy. The hearing Chair does not get a copy. She’s supposed to have a copy of the report for everyone and he’s not supposed to be testifying to facts not in evidence.
LB is looking at the report
Q. commander this is your report you used before you came into this room, correct? A. Yes.
Q. It included not only talking to ms. Sykes but also ken ditkowsky? A. Yes
Q. After all your investigations, you did not charge anything, and you informed kd that you were not going to charge anyone. A. Yes
Q. Based upon your own investigation nothing was going to happen. A. Yes.
Q. Throughout the course of the 13 different visits, each time you found ms. Sykes to be in good condition. After an officer makes a visit, they have to make a report.
And in these reports, did you find any abuse? A. No.
Larry Hyman cross examines.
Q. You have never met KDD before today in court, correct?
A. I either spoke to him on the phone or via email.
Q. Did you send any email to spam folder. A. No, you never know when an email might become important.
Q. Did you find that what Mr. Ditkowsky was doing, did this violate any laws? A. It did not . If found it annoying , but not harassing.
Q. You know that there is a criminal statute that if people make harassing phone calls or emails, that is a violation of the law. Are you familiar with that law? A. Very familiar.
Q. There are plenty of people in naperville that are annoying, they make annoying or harassing (communications, then) you would make a decision or you would go to the states atty. Was that done? A. Yes. Q. But out of that, no charges were filed, correct?
Q. these emails didn’t affect your day to day operations in your dept. A. No.
Q. Other than clogging up your inbox. A. Correct. Q. It doesn’t prevent you from investigating allegations of abuse? A. No.
Q. You found them annoying, you found them informational. You were aware, there was an ongoing dispute. A. I was from the emails.
Q. You never had to arrest gloria, right? Nope.
Q. At any time that you had gone thru the emails, did you ever ask mr. Stern, whom you learned was the gal, did you ask him to ask the court stop this lawyer to stop sending me this stuff?
A. I believe gloria was the one that was cautioned not to send me anything further.
Q. Are you aware of any trips of ms. Mary sykes was taken to an emergency room?
A. We searched the fire dept. records and found one. (That doesn’t mean she was taken by car, duh).
I only show one in the fire dept’s records. There was only one.
Q. That corroborated that assertion of mr. Ditkowsky, correct? A. Yes
Discussion ensues over calling Mr. Stern.
We did not want to keep ad am stern here very long. We discharged mr. Stern until later. He’s a 10 minute cab away, then we can call AS and then.
Judge stuart will be here at 3:30 and cynthia farenga.
Then mr. Harmon addresses the court.
I have my own I have to be back to my office by 4:45. My partner is involved in some case. Then tomorrow I have to be at a relative’s funeral at 1 pm.
From Mr. Chair: Condolences for the family member. I was asked for leave to file an appearance. I will not change the proceedings. The parties need one day total. We sent the second day to be safe. Mr. Hyman you just filed your appearance this morning (what does THAT have to do with anything, the guy just died last night and they have 24 hr rules, you know. Larry Hyman might not get into Jewish heaven, ya know what I mean. They’ll put him with the Roman Catholics or worse, the Protestants).
Hearing Chair: We will not reset any times. We go the full day today and then the full day tomorrow. No excuses. (Interesting, courts change time for attys all the time and then just take another matter in between. I don’t get this. Those people come to work every day. This has been going on for about a year. As many judges have told litigants when an atty has to do something, everyone just has to adjust and deal with it).
We intend to go to 5 today. And then 9:30 to 5 pm. You can file an appearance earlier today at the last minute and I am not changing the schedule..
Take a break until a quarter to two.
Oooh. Bad Wifi. Nothing available. Only 2 bars. Why am I not surprised?
Prudential security is here two guys. They get extra pay for coming to the proceeding. If I had my building guy come to a proceeding in my offices , it would be a short Mexican that can also fix a faucet and a toilet.
Recess, waiting for adam stern. LB and LH working out some stipulations on evidence. (Finally, that is what they should have done yesterday to not hold anything up). Make people pop open laptops then to be sure that emails are from KD and no one else and where did they go, etc.
If anyone’s coming tomorrow, there’s $13 parking at the Lakeshore Athletic club over on I think it’s Water Street, just around the corner. I don’t know of any cheap parking around here.
LB to chair, just gimma a minute or two, we are tring to expedite questions.
We are working out the authenticity of emails. This is regarding Exhibit 18, 19, 20, 21, 23, 27, 28, 29, 34, 35, 36, 38 –all without objection.
One of the points made by the miscreants is that they have no 2 yr statue of limitations on 1401. But if the court lost jurisdiction on her in Dec 7, 2009, then the statute is not tolled.
LB goes to exhibit 18. Specifically 1333 on that exhibit. At the bottom, original message from KDD. LB reads: As you are aware the NASGA and the friends and family that there is something wrong when a Protective order entered against CT, yet she was appointed (paraphrasing), it suggest impropriety. Serious neglect, admitted by the GAL.
Q to AS: Did you engage in impropriety. Did you defend any neglect. (Nah, he just did nothing).
Q. Is the isolation to prevent inquiry into her gold, cash, jewelry, etc. A. No.
A. She has been made available to anyone any time I have been asked.
Q. Any basis to prevent inquiry into her competency? Any basis is to isolate? A. No.
Q. Are there any gold coins, jewelry or money that has not been inventoried? A. No.
LB reads on: Yesterday afternoon I received a telephone call. I was notified that the court was to appt me as gal district court judge. I was notified that the court would appoint me as GAL in this case. I would like the court….
Q. Are you aware that KDD was to appoint him as guardian ad litem? A. A motion was filed, GS, SE and SF filed a motion requesting that KDD be appointed as gal, it was dismissed as moot because the underlying complaint was dismissed (he leaves out the fact it was without prejudice and Gloria is working on filing it again.
LB reads on: I would appreciate that you provide the following:
reports to authorities. In dec 2010 mary was taken to edwards hospital having lost 10% of her body weight, this was report mr. Stern and Farenga. Q. Did the PG wait until mary was seriously ill before taking her to the hospital. A. There was a conversation with a cousin who related to several others. We found there was no factual basis to it.
Q: Did the pG make you aware of MS illness. Did you report it to the court? A. There was nothing to report. At 92 she is going to get sick and have illnesses. Harmon objects that this is purely speculative.
No. 3. Mr. Ditkowsky. Concerns regarding non inventory. It has been alleged that the gold coins were kept in the box. In the box were cash, gold coins, etc. It is assumed that the PG removed the contents. Any basis to the valuables alleged to have been stolen? A. No.
Q. Did the PG empty the safe deposit box without a court order? No she did not do it pursuant to a court order. (The answer is yes, she did it without a court order, she had it drilled out and she removed the contents, even tho Gloria’s name was on the box).
(Ask him if Gloria’s name was on that )
LB asks about Mary not getting legal representation.
A. I am not aware of anyone keeping mary from having legal representation.
Exhibit 20. It is clear that the sodini notices were never given. The probate court is without jurisdiction to seize those assets.
Then Ken’s siloquoy about how lawyers should be honest and candid rather than sneaky and sleazy.
They should have rectified the problem in an expeditious manner.
The fact the Soldini is ignored is one of the most serious issues in the Sykes case.
There was a great amount of communications sent in the guardianship abuse cases by mail and wire.
Then he talks about separating a victim from his or her property.
Fiduciaries should be interested in his or her property.
The US atty might wish to bring a RICO case. A month to finish the trial, but the IRS filed a lien and my client and I received nothing. But federal prosecutors can whisper *** to scare others straight.
Q. Are the notices be required to be given prior to a hearing. A. Yes, but written notice NO. ( Are you kidding. Look at the statute, it has to be written. You list the names and addresses and then you serve by mail or in person. It does not say list phone numbers and voice mail addresses). A. But it’s not my part to send it out. It is the petitioner’s responsibility.
Q. How did you take Mr. Ditkowsky’s statement of scaring other miscreants straight.
A. I assume miscreant is referring to me. He always refers to me when he uses the term “miscreant” (no, he does not, you are one of several).
Q. How did you take the story about federal prosecutors?
A. As a threat. (But how can you threaten someone with valid legal action?)
Q. Please look at 21.
(Why would he take this as a threat when AS alleges he did nothing wrong? Who is threatened?)
LB reads on:
The expose will follow. The intimidation and harassment is memorialized in stone. The court had no jurisdiction to rubber stamp ….. the isolation from friends and family are part of any conspiracy to shorten mary syske’s life (what about excluding gloria, kathy and yolanda).
A. I don’t report everything to the court. I might report severe ilnesses where people have long term illnesses. Q. What types of illness. A. Long term psychiatric hospitalizations I might report. Or neglect by the guardians.
Q. Have you been part of any attempt to isolate or shorten her life? A. No.
Q. Are you aware of any attempt to deprive her of stimulation? A. No. (What about low functioning adult day care?)
A. Ihave not harassed mary nor has anyone else. I have not harassed anyone.
Lb is sniffing, why is she sniffing. Second sentence.
LB reads on. They have prevented you from employing an attorney. Extreme lengths they have gone thru. Is that true? A. No. Gloria sykes has had numerous lawyers.
A. I attempted to determine if she wanted a lawyer. She did not. She is a very confused woman with a high degree of dementia. (What about the videos?)
1252. Second to last paragraph. Says with the videos on the internet they cannot be altered or oppressed.
(Ask him about videos. She does not seem to be highly confused and demented).
Talks about the Jerman standard.
Have you seen the videos. When did you see those videos. I saw them in late 2011. How did you come to see the videos. Had they been ( produced them in court–the judge said–I can’t look at that in court. )
what did you do after seeing the videos. Then I contacted cf. Did you have the internet. No and I did not attempt to have them removed. (But PS did, and he admitted it on a transcript. He got some removed from youtube. I put them up on Vimeo where you can’t get them down. Let’s see if LB shows them to the tribunal. She will if she’s honest.
email starts KDD to AS start with last paragraph. I have copied PS without the sodini notices, there is no jurisdiction, and when it is examined, it will be examined by the clear light of hindsight.
The federal courts are not tolerant. That said, if you do not unwind this problem, Ms. Sykes will seek a court order to hold you in contempt and damages. Monday is a court holiday.
Q. Were you involved in an illegal partition in the Sykes case.
How did you take mr. Ditkowsky’s statement that Ms. Sykes would seek a court order.
A. Two parts to that. I know the actions in probate court did not conflict with the orders in bk court. I know it was all proper. I was frustrated. This is a continuing pattern. There is another action in BK court, it never ends, I am called upon to defend or refute. Any tribunal anyone can try to find or defend. It takes away from my family and my work (wait a minute, isn’t this your work , probate and mary and gloria)
oh, now we are to safe harbor.
LB reads, as a courtesy to mr. Stern and mr. Schmeidel…. This investigation they cannot quash and they have no clout. An intentional violation of the automatic stay.
Q. Do you have clout? A. Laughs, I don’t think I have any clout. Judge Hollis lifted the stay so that the guardian can continue the action in probate court to Partition (but wait a minute, the mortgagee has to be part of the action and you notified Chase, but Chase no longer holds the note on 6016, you didn’t mention that, now did you Mr. Stern.)
Exhibit 34. In the middle of the day, an email from kdd, subject illinois supreme ct writs.
The continued isolation from her family and friends,…. promulgate elder abuse. The isolation is to create isolation, desperation, and loss of will to death. This means they intentionally can accelerate the date of death. …. How do you justify the decision to isolate Mary to accelerate her death?
Q. Any basis to saying mary has been isolated?
A. Many people think that there is no guardianship and they can see or call the ward whenever, but they have to make a reasonable request. There is no isolation plan in place. Everyone has to work with the court and the guardian’s wishes. Some people are willing to work within those parameters and other are not.
Q. Were there actions reasonably calculated to create depression and loss of the will to live? A. No.
Q. Were you trying to commit homocide. A. Absolutely not. Offended by that statement.
Q. Any basis for the isolation? A. I have tried to set up visitation and work something out. It has worked to everyone’s satisfaction (3 years, are you kiddin? Kathy was told she can’t see mary because she took the wrong side. Josephine is terrified if she does just a bit wrong, she will be cut off too) Stern is lying.
LB email; Now they talk about the 2 gal’s. the gals’ are joined at the hip and keep friends and family away.
AS says he talked to mary and she says she does not want representation.
LB continues reading the email: AS called me up and threatened me. My wife overheard the phone conversation and she was shocked at his threats and how he wanted me to stay away from the case. Stern was then joined by phone calls from Schmeidel and Farenga, threatened me and tried to keep me from looking into this case.
He suggests the estate and the loot is the basis for all this. Talk to the Coopers, they suffered a similar experience.
Q. Is there any basis to this? A. Mary did not want a lawyer was a truthful statement.
Q. Is there any basis that you called up KDD and threatened him. No basis to that statement.
Q. Have you seen any greylord type of activities (what about coming from the judge’s area all the time and then the transcripts show coaching between the court, PS and the gal’s., JMC helping Carolyn with her health care plan and trashing Gloria’s, other than that, nope).
Dr. Patel is on the phone. KD state his objection for the record. They are setting up for phone testimony. So how does the panel determine if the witness is lying. Can the witness see any documents? It’s crazy! No exhibits, just a call in? Yeah right, More of the same Probate same old same old, deviation from the proscribed Rules of Court, Civil Procedure…
Phone testimony has to be either agreed to in advance, or its simply cannot be used.
witness–Dr. Patel, over the phone! This should be interesting. Now we have the court reporter sitting in the witness seat, they have a phone headset from the 1970’s and what’s that? A safety pin holding up the court reporter’s mic. Now that’s something I have never seen. What a court room! What a mess. KDD objects to the witness on the phone routine. LB’s kidding.
Court reporter is present in Dr. Patel’s offices. Dr. Patel is sworn by her.
Oh and of course we have some ancient phone system that they’re going to use. 1970 for sure. No matter.
Okay we have the witness. Jeff Torosian, the Chair, introduces himself.
There is a court reporter with him as well. So he has to get on speaker phone.
Madam court report rose pisano, what company and phone pullman usa court reporting, 312-346-1626.
Can you swear the witness.
dr. patel is sworn.
Lb, state name and spell it for the record. Please give us a brief description of your background. My name is Dr. Patel and I graduated form college in Bombay India in 1973. Did residency in england from 1972 to 1977, then came to US and started a family practice. Have been at resurrection med center since 1980. He does family medicine. 7447 w talcott ave, suite 216 chicago, 60631. I am board certified in family medicine. I am testifying pursuant to subpoena.
Q. Do you know Mary sykes. A. She was my patient for several years. She was a patient in 2004. She was my patient in 2009.
Q. Did you receive correspondence from kenneth ditkowsky. He is looking for the correspondence. Let’s see if he can find it.
Exhibit 3 was faxed to your office, did you receive it. Dr. Patel, what exhibits are you flipping through?
A. I did receive Exhibit 3.
Q. Did you have the opportunity to look thru this. Is exh, 3 also in mary sykes’ chart?
Q. Did you have time to look at all this?
He obviously does not recall. (Fax machines can screw up),
LB: exhibit 3, the first page should have some numbers on it. 2632. It’s a letter from KDD to dr. patel. Letter form kenneth ditkowsky. The date says April 30, 2010. Is that the date of the letter and that letter is addressed to you.
2633. Do you see that document?
Dr. Patel wants to ask office manager about all the faxes he gets. LB tells him he can’t do that during his testimony. (See? That’s why this is never done. He wants to ask his office manager about records, he can’t find anything in his own files without assistance, and most of all, he just doesn’t care and probably has BS himself from the IDPR and in no way wants to help the ARDC, maybe even if they do pay him his $500 per hour for testifying, which I bet they didn’t).
bev asked why isnt he here and it’s probably because they won’t pay his $500 per hour to be here (Larry, ask him how much he charges to testify), The court reporter is directed to take away all papers except for the Administrator’s exhibits. Exhibit 3 is several pages. He isn’t sure what he is look at. First he is directed to find the KDD letter in Mary’s records. Then he is directed to look at the package from LB. He is obviously confused and can’t do it. If he were in court, LB could lay the docts side by side. No dice with this phone call thing she wants to pull.
If he was board certified in the 1970’s that means he is between 70 and 80 right now! It will be sometime next spring before he finds the 11th floor of the Prudential towers. It’s a difficult place to find and get to, unless you’re in a cab nearby.
Did you receive a fax earlier this week. He can’t find it. He needs his office manager to help him out, yadayada. The hearing chair says he will have to call him to come in downtown to testify.
Dr. Patel is asked to have the court reporter show him the documents. Turns out she left. Okay, this is realllly funny.
The Chair stops all this and directs LB to get him down to court to testify. Like that will happen. As Ken says, it will be Spring before Dr. Patel finds the courthouse.
AS is called back in to testify.
Mr. Stern is still under oath. (As if that helps his statements. He still looks down, avoids eye contact with the panel, etc. Smooth Move, ex lax!)
Exhibit 36, moving right along. It’s 3 pm. In the middle of the page Feb 24, cites some case and LB reads on:
It is now clear that the Sykes has to presented as part of the UN efforts to preserve human rights. There are numerous human rights violations (with sykes and the elderly in the US). AS rule making is an intolerable derrogation to mary’s human rights.
All but $4,000 of mary’s money has been dissipated. I have a real fear for mary’s life. They do not need mary any longer. Mr. Bush’s mother was murdered. Abortive attempts to continue an investigation of the Sykes case, farenga, stern and others got the court to enter orders without first obtaining jurisdiction.
To speed up death is to engage in murder. If there was any good faith, then mary could freely talk to her mother. Requiring a gestapo agent to be present to talk to mary is absurd.
Q. Are you aware of any violation of mary’s human rights. Were the sisters denied visitation. A. No and no.
Q. Have you made any arbitrary rules in the syskes case? Has mary’s estate been dissipated? A. No….
No, no, no.
Q. Have you received pecuniary benefit? A. absolutely not. Were you trying to intimidate mr. Ditkowsky? No.
Q. Are you aware of anyone speeding up mary’s death? A. No.
Q. Any basis to a gestapo being present to give up state secrets (but he is laughing, and it makes a point)
emai from KDD entitled reflections/promise. LB reads
That email states, everyone has always wondered, if I were in NSG during 1936, what would I have done. What I do as a cat or jew or arian having the right hair color, size and texture, and I would have behave diligently. I have now had the opportunity to observe my mettle.
From the look of her face, I must have met her expectations.
I refused to succumb to their…..
I was sanctioned $5,000 for exercising my first amendment rights.
The court lacked jurisdiction.
I am working on a civil rights lawsuit against stern, schmeidel and farenga.
42 usca 1983. The complaints by stern and schmeidel have born fruit and I need to exercise my first amendment rights. The safe idea is to accept a punishment and close my eyes that a senior citizen has had her rights taken away. The other path is to stand up to the ARDC and exercise my first amendment rights.
Mary sykes had a treasure trove, not inventoried.
PG is a fiduciary, a fiduciary taking funds creates a tax liability.
I am glad that I am glad that I am standing up, and I encourage many others to also do it.
How could this happen in America?
I am asking law enforcement to investigate diligently and honestly.
Q. Any proof of substantial treasure trove?
A. No proof.
Q. Have you protected anyone who has stolen funds? A. I have not protected theft of the funds.
Blog posting. From Ken Ditkowsky. Why sykes is such an import case…
From Denisonlaw.com? Denisonlaw.com? What are they reading? What the heck is going on. Everyone in the peanut gallery is snickering because they know the email didn’t come from there, it came from http://www.marygsykes.com. All the posts come from there. My firm website is denisonlaw.com.
Now a fight over the blog..
This will be admitted into evidence. You have not tied it up that Mr. Ditkowsky.
A blog printout. Are you kidding.?
At least I didn’t get booted out. Yeah!
LB says I am not a witness. Yeah!
But she can’t keep the blog out.
Discussion ensures over the blog. Ken finally pipes up and says he doesn’t know if it’s from that blog. Hearing chair says he’s gonna admit it. LB pipes up and says I’m on the witness list (but I don’t have a subpoena)
the more I think about all this, the more I think it was a set up from AS to get me to have to stop blogging.
Well it worked. LB didn’t know she was being set up but AS does it all the time.
He figures out a way to stop my blogging. Another SLAPP from the miscreants. They are getting more subtle. They think I won’t think or notice it. But you can bet I’m faxing LB tonight and pointing out their lies, lies, lies.
He gets the Probate court to do it, he gets the judge to motion the deputy to do it. He knows how to shut someone up.
Such a little *******
The other day, I witnessed first hand why one should not ask for telephonic trial testimony.
First of all, it’s expensive. You need to have a court reporter at both ends of the hearing. In this case, one court reporter was downtown, while another was at the witness’ office on the North Side of Chicago.
The Witness clearly did not understand what was going on and what he was expected to do. The court, via a telephone link, asked the witness to be sworn and that was done. But after that, the witness could not figure out the exhibits, and when he fumbled with them and his own files, it was clear the matter was a lost cause.
Next the court asked the court reporter to hand exhibits to the witness, it turned out the court reporter had left the room and had transcribed nothing!
Word to the wise: Unless the testimony is short and without exhibits, DON”T ever ask a court to do a telephone deposition. It only turns into a mess. Hearings are somewhat okay by phone, but there is simply no excuse for the attorney asking for an evidence deposition in advance.
Oh, and if your witness is a professional, PAY the professional their typical hourly amount for testifying. The professional knows all the attorneys are getting paid–except her or him. It’s insulting.
If you want your witness to do a good job, pay them and have them come to court.
Just a suggestion
While I can’t tell you what is going on at trial until it is over, I can tell you about format and formalities.
The reason I can’t tell you what I’ve blogged is because the witnesses have been sequestered, although I don’t know why because THERE WAS NOTHING GOING ON TODAY THAT HAS NOT ALREADY BEEN HASHED OUT OVER AND OVER ON THIS BLOG.
What’s interesting, is typically all the witnesses are warned not to talk about the case, and that they have been sequestered. That did not happen.
I got kicked out about 2:30 pm, well, because you know me. But primarily it was due to snickering from the peanut gallery (the audience) and neither the hearing panel nor atty Black could figure it out, so I guess we were all out of order, and I got kicked out because I might be a witness which is crazy because no one told me I was on any witness list. Ken already confirmed I am not on his, LB never told me I am on hers. I have not received a subpoena, and it’s too late for her to subpoena me (7 days advance notice is standard), so I have no idea what she is thinking.
It gets even worse. If I stick around, she can call me, because, well, I’m there. BUT if she kicks me out, then to get me back she needs a subpoena. Hmm,sometimes life is hard and just not fair.
Anyway, I faxed her about a number of issues in the case, which I won’t relate right now, because I don’t want to be accused of influencing the witnesses or a tribunal or anything, but I gotta tell you, this is about the worst put together case I’ve ever seen. It’s not organized. Exhibits were not agreed to in advance, which could have been easily done.
It sure ain’t federal court.
I wish I could go tomorrow, but so far, I’ve been banned. And I blame Adam Stern, as usual. He always seems to figure out a way to throw me out of the court or get my laptop taken away or whatever.
I’ll let you know what I hear tomorrow. All the peanut gallery is there, all the major blogs, from Probate Sharks to NASGA, but no one types like I do. Such a shame.
(if you are having problems looking at these documents, download the Gdrive software from Google.com)
Today Atty Ken Ditkowsky answered the question for me, “what makes a court a court?” why do we even have courts? after all, they’re expensive. the lawyers can be a pain in the butt. I personally don’t understand sometimes why I have a Sullivans in my office that is 4″ thick and just filled with small print of all the laws, rules and regulations simply pertaining to mostly the Rules of Procedure in court–and that’s only Illinois. Do people realize we have 5 sets of rules just for our own Cook County Circuit Court? 1) the Illinois legislature; 2) the Illinois Supreme Court; 3) the First Judicial District (Cook County and Suburbs) 4) Cook County Rules and 5) Local Rules for the Daley Center. You don’t have to wonder why lawyers are nutz. There’s 4″ of nutz for a Chicago lawyer to worry about. But I digress, let’s get back to the concept of the court system, in general.
How did that all happen? Long ago we had the justice with a sword, the machete, the guy that was bigger and meaner, we had brawls in the street. But somehow our large brains (and perhaps the urgings of women) got everyone to agree, violence is not the solution–we must be civilized. We must have Rules. Then, we have to go to Court.
Okay, got that. And the legislatures passed laws, and we formed the US based upon the principals of democracy, due process, a constitution guaranteeing the people rights, whereas before only the royalty and nobility had rights. As in Alice in Wonderland, once a royal said “off with your head” you were a goner. That concept wasn’t that long ago. Of course, we could include the Magna Carta in 1215, but how many of us recall that document? And it wasn’t allowed to be in general use by the public in England until the 18th century. Not exactly a coup for the average Joe and Jane out there.
Many have already told me that perhaps Jurisdiction and all the rules is “a technicality” (thank you Scott).
But I have to vehemently disagree. Many things are technicalities, and I know probably 90% of them in general legal practice.
JURISDICTION IS NEVER A TECHNICALITY. It is a right that the people have fought for for millennia over the whims of the nobility and wealthy.
We have “due process” in the US, and if you know of a soldier or someone that’s fighting now, that’s exactly what they’re supposed to be fighting for–the rights endowed by our legal system to protect the commoner from oppression and whims of the nobility or “clout” (okay, I have to admit I don’t believe in war or violence, but that’s for another day, another debate).
In any case, Ken Ditkowsky is right and the ARDC and the miscreants are wrong. So utterly wrong, I have no words for all of this.
Scott Evans asked me the other day if calling the miscreants “criminal” was over the top and if so, how so. I had to tell him, not only is it right on point, but it is probably an understatement. In my view, they are certainly America’s “Most Wanted” at this time. What is going on in our Probate court is worse than Greylord. Not only have they commandeered our most precious asset in the US for piracy–our Circuit Courts, BUT they are the worst form of criminal, forming evil, greedy cabals, not investigating the financial abuse and exploitation of seniors, they create the crisis in our country where seniors are left to languish in nursing homes, alone and isolated while millions are squandered on probate attys fees, GAL fees, nursing home fees.
So, Ken I send you 1,000 angels for tomorrow. You can do this. You can fight for those that have no voice, for seniors that have asked for an independent attorney, for seniors that have asked for a family attorney that they have loved and respected for years, for seniors that are competent and have advance directives but those directives are ignored in Probate Court. For our only last hope of civilization and that is due process.
Do it, go for it. I am by you 1000%