From: kenneth ditkowsky
Sent: Aug 12, 2013 10:30 AM
To: JoAnne M Denison
Cc: Cook County States Attorney , Eric Holder , Tim NASGA , NASGA , probate sharks , Edward Carter , GLORIA SYKES , matt senator kirk , “60m@cbsnews.com” <60m@cbsnews.com>, “tips@elderabuseexposed.com” , “tips@tribune.com” , SUNTIMES
Subject: elder cleansing Himmel Report to the Mr. Jerome Larkin, director of the Illinois Attorney Registration and Discipline commission.
Tag Archives: probate
KDD speaks out for seniors/Deposition of JMD
From: kenneth ditkowsky
Sent: Aug 11, 2013 8:04 AM
To: RosANNa Miller , “NASGAmembers@yahoogroups.com” , matt senator kirk , NASGA , JoAnne Denison , “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , “janet_c_phelan@yahoo.com” , “chicagotonight@wttw.com” , “michael@activistpost.com” , Eric Holder , Cook Sheriff , “courtclerk@cookcountycourt.com” , rudy bush , “janet_c_phelan@yahoo.com” , Cook County States Attorney
Cc: Harry Heckert , j ditkowsky , jim , Martin Kozak , “maryrichards45@gmail.com” , “Mary_Woolery@isp.state.il.us” , GLORIA SYKES , scott evans , “illinois.ardc@gmail.com” , “ACLU@ACLU.ORG”
Subject: Re: FOR IMMEDIATE RELEASE TO THE PRESS !!!!!!
From KDD: Increasing our abilites to do good and bring justice to Probate!
Medicare alternatives or ADVANTAGE insurance turning out to be NO-ADVANTAGE
see below. While private insurance touts these programs to have lower costs and better coverage, many seniors are finding out that they only increase massive profits to the insurance companies — to the tune of $4.17 billion — leaving patients in a lurch– no rehab, no treatment.
Incredulously, this elder suffered a broken back, could not walk, insurance denied her claim for rehab, claiming it “not medically necessary”, leaving her to go home where she could only lay in bed all day. Then she got bed sores and was right back at the hospital!
Her story ran on local news, and suddenly the insurance company “changed its policy”, sent her to rehab and she now walks with a walker.
I would like to thank Sylvia Rudek, Director of NASGA, another highly recommended website for her attention to this article. Great find, Sylvia!
-
United Healthcare Oxford Medicare Advantage Denies Coverage …
Dec 28, 2007 – Uploaded by janis123ABC NEWS/GOOD MORNING AMERICA: Senior With Fractured Back Battles UnitedHealthcare Oxford Health …
Uploaded on Dec 27, 2007
ABC NEWS/GOOD MORNING AMERICA:
Senior With Fractured Back Battles UnitedHealthcare Oxford Health Insurance Company Medicare Advantage PlanGMA segment shows UnitedHealthcare/Oxford’s Medicare Advantage Plan would not authorize woman’s care due to alleged age discrimination.
Audit shows Medicare Advantage providers with backlogs of unanswered patient complaints, plans that improperly denied claims, and concerns about marketing practices which do not follow government guidelines.
From Rudy Bush–the tragedy of it all!
Date: August 10, 2013
From: Rudy Bush
To: Eric Holder
What protections do citizens have against government retaliation against citizens for exercising free speech, even now that President Obama has declared on August 9, 2013, citizens who exercise free speech, patriots? Fear is not a defense against the most powerful government on Earth, and I am fearful for Kenneth Ditkowsky who is trying to get your attention, and senior citizens who are in line to be cleansed. And, as a citizen of the USA, I am impotently “fuming” over citizen powerlessness in getting the government to do the right thing and punish perpetrators of senior cleansing, though the perpetrators are employees of, and given power, by this government. I must bring up, again, attempts by the state of Illinois ARDC to control, under duress, the wording of Kenneth Ditkowsky’s complaints to you and the department you head, the DOJ, attempts to end valid complaints to you on elder cleansing, complaints which, up until now have gotten no response from you. Your lack of response leaves me even more fearful.
What kind of government puts a citizen under duress, threatens the citizen with fraudulently generated charges in order to destroy that citizen, because that citizen is exercising free speech by trying to file a complaint to the United States government, trying to file a complaint on elder cleansing with you and the department you head, the DOJ?
President Obama stated in a recent speech on Egypt, that the United States will not tolerate a government that does not listen to its people. To allow the Illinois ARDC to continue to bring pressure on Mr. Ditkowsky to shut him up is to end the opportunity for the DOJ to end senior citizen cleansing in the United States of America. If Mr. Ditkowsky, a lawyer, therefore more likely to be listened to by you, relied upon by senior cleansing victims and their families who are ignored by their government, this government, is punished for his complaints to you, a member of this United States government, the United States is no better than the governments President Obama condemns, because to demand that Mr. Ditkowsky alter his wording, and end his valid complaints to you on senior citizen cleansing, is to continue to allow all senior citizens and their families, who are being cleansed, to be ignored by their government, and allow their government to punish them all for speaking up.
Sincerely,
Rudy Bush
California tries to stop isolation of seniors in conservatorships
Watch the you tube below, very interesting.
What i don’t get is that visitation is just about always limited by these GAL’s and PG’s at first. Even if there was no abuse, or no problem with a close family member. I don’t get that one. Plus, if a guardian wants to, they can go to court and get a Protective Order for any real or imminent harm.
Right now, Gloria can’t see her mother and she did nothing wrong. CT is the subject of a Protective Order and she gets appointed Guardian.
Something is seriously wrong.
John Wyman tries to protect his mother, take her home where she wants to go and GAL SRR gets a Protective Order against that–him and his brother who were involved in trying to save Carol Wyman from an abusive nursing home, together with family members who were not even involved!
Stories that are out of control, crazy, no justice.
Insurance scams and Fraud
Dear Readers;
This week two cases have really hit home. The first one, I just don’t get.
I’m taking out the names because it’s soooo crazy, and with the problems I’ve had with the blog, the damage to my car and the ARDC, we have full blown chilling of free speech.
Scam 1: Insurance Fraud perpetrated by the insurance companies.
After your senior has paid all her or his life tons of money every month for health insurance, when a senior really needs to use it as they get closer to death, some hospital administrator comes to the elder in a hospital and asks them to sign a “waiver of benefits form”. Of course, the administrator is looking for a dotty elder with little or no family or friends. The elder is then kicked out of the hospital because “benefits have been terminated” because they signed the form! They sign the form because they are ordered to do so. Of course, they still need services, they need hospital care, but the administrator will explain, get this, “we have elected to put your case on a lower level of benefits for a period of time.” Yeah right, so you will die because now you’ve gotten expensive in the hospital. Go home and die. Reminds me of Grisham book and movie “The Client” except the insurance company involved this time is a huge, major, company with the largest revenue in the US and about 11 million members. I’d name them, so you could be warned, but the ARDC will probably say I’m lying because it’s too hard to believe. Or maybe they will say I’m too mean to them.
Watch out for this one and if you have experience with this, plmk. It’s like paying $20,000 for a car and then having the car dealer say “sign this form” and we pick up your car and will use it for you. Just stay home. We’ll let you know.
And, after I heard that outrageous story, it comes on the heels of this information from NASGA:
29 E Madison Suite 602, Chicago, IL 60602 ¤
Phone (312) 782-6006 | Fax: (312) 782-6007 | email: info@pnhp.org
© PNHP 2013
Obama administration intervenes to give $71.5 billion to overpaid, for-profit Medicare Advantage plans
Physicians group decries ‘backroom Medicare giveaway’
FOR IMMEDIATE RELEASE, April 9, 2013
Contact: Mark Almberg, (312) 782-6006, mark@pnhp.org
Medicare’s costs will jump by $7.43 billion next year – the equivalent of $149 for each of the nearly 50 million beneficiaries in the program – due to an unprecedented intervention last week by the Obama administration in the way privately run, for-profit Medicare Advantage (MA) plans, which are also known as Medicare HMOs, are paid by the government, a national physicians group reported today.
The total cost to U.S. taxpayers will be $71.5 billion to $104.5 billion over the next decade….
Scam No. 2. Perpetrated by a Guardian, brought to the attention of Judge JLS and she ignores it and does not want to hear it.
Sign up for medicare and one or two other insurances for a sick elder. A cancer patient with $50,000 or more in billings per year of course is preferred.
Submit the bills to medicare and don’t tell them about insurance companies B and C.
Then you take the bills and submit them to insurance companies B and C and you’ve got a real cash cow going on. Of course, it’s medicare fraud, but this probate judge didn’t want to hear about it from another relative! Same old story, the relative, pipes up after it is discovered in the yearly accounting, and the court says, “madam, be quiet!”
Go figure.
JoAnne
From John Wyman–Thoughts on his last 4 years–4 years of torture that is
For any of you that have been following the Wyman case, Powell Wyman recently died, we are petitioning for John to become Successor Plenary Guardinan
In the meantime, he had this to say:
From: john wyman
Sent: Aug 2, 2013 9:18 PM
To: JoAnne M Denison
Cc: kenneth ditkowsky , Sylvia Rudek , Lucius Verenus Probate Sharks , Bev Cooper Probate Sharks
Subject: Re: Recent thoughts on bringing my mother back to Rockford
Well, I’ll try to reach deep down to see if I’m really a writer.
Today is the fourth anniversary of my mother Winifred’s escape from Illinois to Colorado !!
I’d like to say it seems like yesterday, but no, it seems like a lifetime ago. when I started this journey I felt like a young man of 53, and now I feel like an old man at 58, at a time when I should have been in my prime earning years in my profession as a world class hairdresser, I found myself broke, fighting for my mother’s rights. While many of you think I should count myself lucky that I have my mother, but when you save a life as I did you then become responsible for it.
As for being a full time caregiver, I’ve become a proficient at it. I could write the book, yes, I’ve become an expert on elder care, but also on elder abuse not only by the families, the nursing homes, but also by what I was taught to respect the courts!
Well I’ve lost all, I MEAN ALL RESPECT for the government that was suppose to protect those of us too weak or feeble to protect ourselves, to give us our due process rights and our rights as US citizens, but people, that ain’t happening.
Some of you may know I’ve already written a book of my saga, and was fortunate enough to have it land in the hands of one Ken Ditkowsky, who, in turn, passed it on to JoAnne Denison, and I’d like to say they have been great: Ken for all his advice and JoAnne for taking my case pro bono. The last week of July 2013 of the year of our lord we finally won the war of attrition, my father died, we were not notified for almost four weeks even though we had a hearing in that time frame. Sad as it is, my mother Winifred will get her wish to die in her own home, but not before the courts allowed all her assets to be stolen or sold without her receiving any proceed–all under the color of law!!
To make matters worse, two of the adult children, my brother David and my sister Beth, who sided with my father, hid his death, and stripped the house of everything that wasn’t tied down and even those things that were, including all appliances, fire places, etc. In addition, my father, as Guardian of Estate for my mother, took a debt free home and left it laden with back taxes, utilities, and liens from the courts and attorneys all with the help of a Governor appointed public guardian, Sharon Rudy. As Ken has stated, this doesn’t sound like the US of A, but more like Russia or North Korea. We’ll see how this plays out even though I think what is going on is criminal, I’m sure they’ll find a way to justify it in their court of law. A great politician once said, “you’re entitled to your own opinion, but not your own facts”. I hope this holds true for JoAnne and Ken in their fight with the ARDC!!!!!
On the bright side, even though Winifred’s health is declining with time, and she’ll soon pay the debt that all men pay, she continues to paint everyday and, to date, has produced over 250 paintings, and has a major art show at the Sam Wyly center in Colorado in November. Let’s hope she is here to enjoy the fruits of her labor and love of her work and gets to share it with the world before she sheds her mortal coil!!!
As for me, I’m sure one day I’ll have my life back, I will survive and thrive because it’s my nature, but I will be forever changed. I’ve become an advocate for this cause, and I’m writing a follow up book at this time, but alas, I have to wait for an ending!! Hopefully sooner than later!!!!!
Many Many Thanks To everyone who has help, you know who you are, I do!!
Yours Truly,
John Howard Wyman
From Gloria, the Ethically Challenged IARDC
Dear Readers:
This is from Gloria and it refers to the fact that Ken’s Tribunal, once again and after the disclosure of 43 Facts the Tribunal got Wrong, still made egregious errors in it’s decision. I will soon be publishing an update to the “43 Facts the Tribunal got Wrong” and add in this one (which I caught already, there is absolutely no evidence to that effect and in fact, Mary’s drivers licenses appears to be in good standing through some time in 2008. Gloria believes she then renewed it for some trip, but we have not been able to find those records.
In any case, read on and thanks Gloria for your submission, it is very good:
JoAnne
From: GLORIA Jean SYKES
Sent: Aug 6, 2013 8:09 AM
To: kenneth ditkowsky
Cc: DiAnn Matson , Lawrence Hyman , JoAnne Denison , NASGA , Tim NASGA , probate sharks , “ACLU@ACLU.ORG” , Eric Holder , matt senator kirk
Subject: Re: Our Ethically challenged IARDC
What bothers me the most are the egregious and serious misrepresentations of facts including that my mother was dementia in 2007. One of the intellectual properties Toerpe destroyed were 10 HD professional tapes of an event I produced with T Colin Campbell PhD — the documentary was called Eat Clean For Life with Dr. Campbell. There were over 60 people attending and my mother participated in the Q&A in fact her questions were so intelligent I was opening the show with her and closing the show too. The event was November 21, 2008, FYI on oct. 25 2008 my mother spent the entire day with me and Dr Campbell and net with media and other people. The last week of oct 2008 and first two weeks of November mom and I were in New York and DC. Mom personally met with the management of Ellis island and took a personal tour. She found her parents names on the walls. She spent an hour at the memorial at the pentagon and spoke with grieved family members and we even toured Ground Zero. Mom spent three hours with me at NBC headquarters in DC and hung with staff
This remark that she was dementia in 2007 is so horrendous as in the false light statement that I coerced my mother into signing the documents authored by Lumbermans and included in the final order when Kevin Salam testified that he met with my mom the night before.
The horrific lies by AS PS CF CT are so outrageous that my thoughts are unspeakable as to not fall to their levels of evil.
There is a special place in hell for these people and it’s time… We all know the truth and the murders of my mother’s life may believe that they have won this war against the Constitutions but in fact they have not because the hell they will spend eternity has with it enough punishment . And for those who believe in recarnation if true their next life will be so miserable that we can rest assured that Karma will not forgive.
I will spend eternity with my mother father and brother smiling in their love knowing Toerpe and her buddies are in fire-Hell of misery now as they will be forever.
Gloria Sykes, from her iphone
Just in from the Clerk of Court News at the Daley Center Plaza
How to charge $700+ for filing a simple lawsuit.
During my deposition, Atty SO stated her displeasure (and it’s in my Jan 8 2013 complaint) about how hopelessly outdated and antiquated AND AT THE SAME TIME AMAZINGLY EXPENSIVE, Atty Dorothy Brown (Cook County Clerk of Court), is going to electronic filing.
And it wasn’t me that said this.
I wonder if the ARDC will ask me on the stand if I’m sorry about this Chicago Trib article and how I made fun of one of the most lucrative positions in the city–Clerk of Court!
Pacer charges 8 cents per page and always has. They can come in within months and make a court electronic. Maybe true IT geeks don’t approve of Pacer because even it is not much in the world of technology (but I’m still waiting for technology to do my dishes every day, clean up after my pets, walk the dogs and put in a load of wash, change it around, fold it and put it away), yet still,…..
I gotta get my IT guys (probably my son) to go down there and do a full review.
Meanwhile, I was promised on August 1, 2013 that I could load up my stuff at the Clerk of Court, Cook County in the civil division. Nope, cases still can’t be found and pleadings loaded up.
The ARDC asks if an attorney is sorry for this or that, as if pleadings had feelings, as if you have to be sorry for just asking questions, calling for an investigation in highly questionable and unusual cases and just doing your job.
I wonder if Atty SO is sorry for her kid’s really, really dirty socks and underwear.
It’s about on the same level of absurdity.
JoAnne
A serious threat to the Internet by a group of State Attorney Generals
I have absolutely no idea why State Attorneys General are trying to limit the Internet Decency (Immunity) Act 27 USC 230 which provides immunity to persons running and operating blogs, but we all must be aware of this proposed law and strenuously oppose it, when and if it comes along.
See the notice and article from the ACLU:
Protective orders, gag orders and secret lists have NO place in our nation’s court system.
Dear R*****;
I have published on this before. A strong and open and democratic court system is essential to a democracy. I am currently putting together a file of a woman LV who in 2004 said she objected to her guardianship and therefore should have been assigned an atty and she was not. Judge Maureen Connors said in her evidence depositions that she only appoints attorneys for guardians “when she really believes that they need one.” They then went and sold her precious home for $200,000 and wiped out a $150,000 trust fund and now she lives in a boarding house where they swipe her Link card every month. Disgusting. Preying on the indigent.
Later, when she found an attorney, the court still refused to dismiss, and they would not vacate the order of guardianship–despite the fact she objected to the guardianship and that is the law. It was taken up on appeal and went no where. So much for protecting the elderly, the disabled and soon to be poor.
We admit there are predatory lenders, predatory “banks”, predatory credit card agreements, etc. But we rarely if ever hear of predatory guardianships entered by a court that only wants to sell a paid up home and wipe out a bank account with fees from persons and entities whose names come from secret lists of expensive entities that are not rated, reviewed, or subject to control of any sort.
R***, my blog is essential to making sure people know the law and the truth. That the courts are fair and open and accessible to all. That Gloria or anyone else can bring her dog to a deposition or court or where ever she needs comfort and stress relief for her condition. That people know that witness tampering, obstruction of justice and spoliation of evidence (transcripts missing portions) are serious wrongful actions in the court.
Those are all the law.
My blog fights to give the little guy the law ans watch the courts and make sure that it happens.
Closed court rooms, gag orders and anything that obstructs or hinders justice has absolutely no place in the US–or any other country for that matter.
What you went through is wrong, just plain wrong and I pray for you and the other probate victims, and send you angels and I light candles for you and wish you blessings and peace.
JoAnne
From Janet Phelan, where is Justice for Charlie Castle?
From: kenneth ditkowsky
Sent: Jul 31, 2013 1:32 PM
To: Janet Phelan , Eric Holder , matt senator kirk
Cc: “60m@cbsnews.com” <60m@cbsnews.com>, “tips@tribune.com” , SUNTIMES , NASGA , JoAnne Denison , rudy bush
Subject: Re: Questions Arise as to Coroner’s Cover up in Sudden Death
From: Janet Phelan <writejanet@live.com>
To: Janet Phelan <writejanet@live.com>
Sent: Wednesday, July 31, 2013 12:45 PM
Subject: Questions Arise as to Coroner’s Cover up in Sudden Death
Wednesday, July 31, 2013
Questions Arise as to Coroner’s Cover up in Sudden Death
Activist Post
Six months after Charles Castle suddenly and inexplicably died, the San Bernardino County Coroner has still not come up with a stated cause of death. And according to a Deputy in that office, a critical report is “missing” from Charlie Castle’s file.
I had spoken with Charlie Castle on the evening of January 15 at around 8 pm. He was frustrated with how long he had been deprived of his freedom and specifically dismayed at the fact that his long awaited trial on his mental health detention had been delayed just the week before.
“They can’t hold you much longer,” I told him. “The accumulated evidence of fraud in your case is overwhelming, Charlie.” I then made a bold promise to him. “You will be free soon.”
Two hours later, Charlie Castle was pronounced dead.
His saga is a case study in attorney/court collusion in denying a conservatee his rights to contest a mental health conservatorship. In addition, responsible parties within the mental health and police systems declined to act according to their professional mandates. All of this stand down resulted in Castle being deprived of his freedom and eventually, it appears, his life.
Castle, who was homeless in Redlands, California, was picked up by court employees Bob Jabel and Wayne Henkelman in June of 2011 and taken to San Bernardino Arrowhead Regional Center, where he was placed under a conservatorship. The Public Guardian was named conservator and Castle was represented by the law firm of Bryan Hartnell, who has the County contract to represent mental health conservatees. Castle stated he was never in front of a judge but waited outside the courtroom while his attorney “took care of things.” His conservatorship was then transferred to a private conservator, Melodie Scott, who was represented in these proceedings by . . . the law firm of Bryan Hartnell.
At one juncture, a judge pro tem, Walter Moore, was appointed to preside over the case. Moore had also been an attorney with the law firm of Bryan Hartnell.
When the issue of Hartnell’s representing both sides of the case hit the press Hartnell resigned. Melodie Scott resigned shortly thereafter. Before Hartnell left the case, however, he fired a shot deep into the heart of Castle’s desire to have a jury trial in his case.
Hartnell indeed filed for a rehearing, as Castle had requested. Betraying his client’s desires, Hartnell’s petition specifically stated that a jury trial would be unnecessary.
Prior to resigning the case, Hartnell’s office refused to give Castle his legal file, telling him it would be a “felony” for the firm to provide its client his file. At one point in time, a lie like that would have cost an attorney his license. Hartnell, however, is still breezily representing conservatees apparently with the same reckless disregard for their rights.
When Castle filed a writ of habeas corpus to have his detention reviewed by a judge, Conservator Melodie Scott began moving him from facility to facility, like a pawn in a shell game. She attempted to have him admitted anonymously to at least one facility, making it difficult for those attempting to assist Castle in his pursuit of freedom to locate him. As a result of his repeated forced relocations, Castle was never served with the judge’s response to his writ. In the space of a few weeks, Castle was moved to four different facilities in two different counties.
Along the way, appeals were made to a number of different agencies which are mandated with addressing mental health concerns and pertinent legal issues. California Disability Rights refused to take Castle’s case, as did Mental Health Advocates in Los Angeles. The Ombudsman for Nursing Care facilities in Los Angeles took no steps to assist Castle. When an appeal was made to Patients’ Rights in Los Angeles County, Advocate Rashied Jibri hung up on the caller, after being queried as to the reasons for his refusal to look into the Castle matter.
When Castle was subsequently relocated to San Bernardino County in, the SB County Ombudsman went out to see him and declined to address his concerns. In one sole act that distinguished her from every other government worker who received an appeal concerning Castle, an employee from the Department of Public Health went out to Desert Manor in Yucaipa and cited the facility for violating Castle’s rights to make and receive phone calls and to receive visitors.
Adult Protective Services in San Bernardino County told the caller that they don’t investigate matters relevant to conservatees. When asked to provide the law which allows that agency to stand down when the at-risk elder is under a conservatorship, APS was unable to provide one.
Police agencies were no better.
Charlie Castle was scheduled to finally have his day in court this past January. However, on the appointed day Charlie was not in court. His new attorney, Mark Flory, told him that his trial was again delayed because the conservator, the Public Guardian (re-appointed after Melodie Scott’s resignation) did not make the necessary arrangements to bring him into court that day. Less than a week later, Castle was dead.
The first three calls asking for a Coroner’s investigation were curiously deleted from the dispatch call center. After it became clear that the caller was not going to be so easily deterred, a Coroner’s office investigation was launched into Castle’s sudden demise.
Last week, Coroner’s Deputy Gabe Morales told me that the report had not been finished yet. Morales also admitted that the toxicology exam, which could be the pivotal evidence as to cause of death, had been curiously removed from the file.
Another suspicious death of a conservatee, Raymond Horspool, produced a Riverside County Coroner’s report that could only be considered finessed. According to reports, Horspool weighed only 137 pounds at the time of his death, a grave drop from his normal 190 lb. weight. His daughter, Barbara Howard, leveled accusations that her father was killed with morphine. Indeed, the Coroner’s report listed morphine as one of the drugs being given Raymond Horspool at the time of his death. Curiously, Horspool was not reported as having any condition which would have mandated him receiving morphine. His precipitous weight loss could well be ascribed to what happens when people are plied with morphine: They don’t eat.
The Coroner’s report oddly neglected to mention the weight of Horspool’s body at the time it showed up at that office. In addition, the Coroner refused to do a toxicology exam, over the protests of Howard and other family members. If it looks like a cover up and quacks like a cover up . . . well, what do you think?
Parenthetically, Raymond Horspool was the father of Melodie Scott’s attorney, J. David Horspool. After placing his father under a conservatorship and virtually kidnapping his Dad away from his wife, Horspool proceeded to use his extraordinary influence with the San Bernardino judges to loot his own father’s estate.
At the time of going to press, this reporter has learned that another concern surrounding an at-risk conservatee in Los Angeles has been assigned to LA County Patient’s rights advocate Rashied Jibri to investigate. Jibri, you recall, was the advocate who hung up the phone rather than reply to questions why he would not address Charlie Castle’s plight.
A request to have this transferred to another investigator has been ignored. In this case, LA County Department of Mental Health employee Steve Dobbs refused to honor a waiver of confidentiality signed by the individual prior to being conserved and effectively hid him from friends for over a year. The man was finally located in a Culver City board and care, depressed and drugged to the gills. The waiver of confidentiality subsequently “disappeared” from the DMH files, according to Steve Dobbs’ co-worker, Dr. Nilsa Gallardo.
Illinois attorney Ken Ditkowsky has called for an investigation of the nationwide prevalence of what he is calling “elder cleansing.” Ditkowsky has likened what is happening to conservatees to the plight of the elderly and disabled in Germany in the thirties and forties. They were the first victims of Hitler’s master race agenda. Ditkowsky’s repeated pleas to the United States Department of Justice have gone unresponded to.
Writes Ditkowsky: “We watch any attorney who opens his mouth in protest having to fight for his/her license as the IARDC (and similar organizations) think it unethical for attorneys to speak out against elder cleansing!”
In reference to questionable acts by attorneys in these cases, Ditkowsky also states: “From the reaction of government to ‘elder cleansing’ you would think that it and ethic cleansing are laudable occupations and attorneys who spoke out were deviants!”
Another Illinois attorney, JoAnne Denison, is facing a challenge to her license for the act of blogging about these cases. Denison maintains that First Amendment rights also apply to attorneys.
The systemic collusion necessary to deprive our most vulnerable elders and disabled their due process rights requires some concerted and dedicated hanky panky. Many laws were violated in the Castle matter by numerous government agencies and employees. Conservatorships constitute a Constitutional loophole and an entire class of people are regularly being deprived of their rights to due process, their rights to their own property and even the right, it appears now, to stay alive.
From Gloria regarding her abuse by the ARDC and the Probate Court
From: GLORIA Jean SYKES
Sent: Jul 31, 2013 10:24 AM
To: “kenditkowsky@yahoo.com” , “joanne@denisonlaw.com” , scott evans , Kathy Baakern
Cc: Judy Ditkowsky , Tim Lahrman NASGA , Elaine NAsga , LUCIUS VERENUS , GLD , Annie NASGA
Subject: RE: Fabulous jobs on depositions
Good Morning,
Frm Ken Ditkowsky
From: kenneth ditkowsky
Sent: Jul 31, 2013 11:17 AM
To: Eric Holder , Cook County States Attorney , “Mary_Woolery@isp.state.il.us” , Edward Carter , “ACLU@ACLU.ORG” , “acluofillinois@aclu-il.org” , “illinois.ardc@gmail.com”
Cc: NASGA , probate sharks , JoAnne Denison , Harry Heckert , Len Holland , “janet_c_phelan@yahoo.com”
Subject: Comments by Ms. Gloria Sykes – that should be noted!
I have found a WONDERFUL expert Constitutional Law witness
This will be submitted to the ARDC today:
A Response letter to Loyola University–please help us lawyers protect the elderly!
Again, we ask, why does not the court and GAL’s do their jobs and protect the vulnerable elderly?
From: kenneth ditkowsky
Sent: Jul 31, 2013 9:17 AM
To: rudy bush , JoAnne Denison , Janet Phelan
Cc: NASGA , probate sharks , j ditkowsky , Harry Heckert , Cook County States Attorney , Eric Holder , matt senator kirk , “60m@cbsnews.com” <60m@cbsnews.com>, “zamirkatan@aol.com” , “ildbambic@govabuse.org” , “illinois.ardc@gmail.com”
Subject: Re: Trustee’s Rights to own trust property
From KDD, fighting for justice in Probate
From: kenneth ditkowsky
Sent: Jul 29, 2013 8:07 PM
To: “jdit@aol.com”
Cc: j ditkowsky , “IllinoisLawyerNow@isba.org” , JoAnne Denison , NASGA , probate sharks
Subject: Re: this could be relevant
Making Headway on the Wyman Case, bit by bit, step by step
Today was a very good day in court. While it is sad that Powell Wyman died on June 22, 2013, we finally found out his passing and John Wyman was able to obtain keys and information on past due bills and the status of his mother’s home.
John and Bill intend to fix up the house and John will move back there as Mother Carol Wyman’s primary caretaker.
See below:
Dear JoAnne
I’ve tried to call you with my thoughts of what transpired this morning in room 217, I can’t thank you enough for being there on my mother’s behalf; but as to a victory I don’t see it that way. All that happened today is we won the war of attrition because my mother outlived her husband. [Because the home was in joint tenancy with rights of survivorship] in the deed for the house, Sharon Rudy had no choice but to hand over the keys to the property in court today.
How ironic is it that after four years of a legal battle, where my mother’s rights were clearly violated, she’ll finally be able to come home and spend her final days surrounded by her children, grandchildren and great grandchildren in a house this court deemed unfit for her to live in. But this happened only after the plenary guardian, together with the public guardian, continually ignored their fiduciary duties as to my mother’s estate, which was all she was left with–and all under the “color of law”.
On the other hand, I performed my fiduciary duties with all my reports to room 217 as to my mother’s well being and care she has received under my watch: medical, physical and psychological. Every year. Faithfully. [Actually for 4 years John has done all the cooking, cleaning, chores, mother care–everything–as her primary caretaker, a formidable task]. But what did Powell Wyman report via Sharon Rudy? They have left my mother’s estate in a financial ruin, with the following bills unpaid, and without notice to family members: back property taxes from 2910-2011 an amount of $4,938, 2012 property taxes: $3,920 dollars and over $2,000 dollars in utilities! How can this be? I did my duty, so then how can the court not make them do theirs!?!?!
I will take my hollow victory, and if I have to beg borrow or steal, make all of this right for Winnifred, but there should be justice for their ineptness as to protecting her estate!
Again they should be held liable, and again I can’t thank you enough for all you have done so far.
With Many Many Thanks
John Howard Wyman, Guardian of the Person and Son of Winifred Carol Wyman an alleged disabled person
Let’s pray for another journalist in serious trouble fighting for freedom where he is–Eithipoia
From: GLORIA Jean SYKES
Sent: Jul 27, 2013 3:56 PM
To: “kenditkowsky@yahoo.com”
Cc: “joanne@denisonlaw.com” , “illinois.ardc@gmail.com” , “IllinoisLawyerNow@isba.org” , Eric Holder , matt senator kirk , LUCIUS VERENUS , states attorney , Elaine NAsga , Tim Lahrman NASGA
Subject: In Violation of Constitution, Ethiopian Blogger Will Face 18 Years in Prison
Not only does no one care – well the political elite and law enforcment– but these entities who are suppose to protect my Mother are actually doing her the greatest harm by protecting PS, AS, CF and Carolyn Toerpe. It is a crime. This is a crime. but as you said, no one gives a damn about my Mother. read the transcripts. Adam Stern cries how when he heard there was abuse at the Sunrise, he knew he had to step in. The problem was his client Toerpe was the abuser — so AS as he has done in the past blamed it on me. This is how Stuck v. Cook County came about. But it was Cynthia Farenga who created the scenario to keep son Jame Struck away from his mother — and then, knowing that Mr. Struck himself has some emotinal problems (who wouldn’t under the circumstance) played him and to date all he wants to do is see his mother.
In Violation of Constitution, Ethiopian Blogger Will Face 18 Years in Prison
Yesterday, the Ethiopian Supreme Court upheld the conviction and extreme sentence of award-winning online journalist Eskinder Nega, who now faces 18 years in prison. Nega was arrested in September 2011 and charged with “terrorism” under a vague law in Ethiopia that has been used to target online journalists and political dissenters. His trial and appeal faced repeated delays, while international human rights and free expression groups continued to criticize his imprisonment and punishment. EFF, PEN America, the Committee to Protect Journalists, and others campaigned for his release, and a United Nations panel found his conviction to be in violation of international law.
Ethiopian Constitution
“Everyone has the right to freedom of expression without any interference. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media of his choice.”
Mohamed Keita of the Committee to Protect Journalists said in response to the Supreme Court’s ruling “The persecution of Eskinder and other journalists is the hallmark of a regime fearful of the opinions of its citizens.”
Let’s all pray for him and if someone has a link to AI or another organization sending him letters and emails, let’s do that too.
JoAnne
How dirty is the “elder cleansing business” and what are the ways the govt conveniently ignores it?
From a recent Chicago Tribune Article on Esfomes and dirty nursing homes:
more esformes stories:
Ken’s comment on a new Esformes story. Note these “nursing home moguls” have millions and millions of dollars from fixing services like prescriptions, social service workers, nursing home supplies, etc. They are NOT a system to be challenged by anyone.
From: kenneth ditkowsky
Sent: Jul 27, 2013 9:25 AM
To: matt senator kirk , Eric Holder , NASGA , probate sharks , JoAnne Denison , “tips@tribune.com” , “60m@cbsnews.com” <60m@cbsnews.com>, SUNTIMES , GLORIA SYKES , “IllinoisLawyerNow@isba.org” , “janet_c_phelan@yahoo.com”
Cc: Harry Heckert , Bill , j ditkowsky , “illinois.ardc@gmail.com” , Martha Jantho , “zamirkatan@aol.com” , Cook County States Attorney , Eric Holder , matt senator kirk , “Mary_Woolery@isp.state.il.us” , Edward Carter
Subject: Fw: The Straw Buyer:Commit fraud get a key to the city…
April 18, 2010
It just keeps on getting weirder and weirder…..
falling down the ARDC rabbit hole.
On Friday, I received a fax from ARDC atty Ms. O that she was cancelling Gloria’s deposition.
I thought at first it was the dog–Gloria’s sweet, well behaved therapy dog, so I faxed Atty SO back telling her I could do Tuesday or Wednesday afternoon and Gloria’s depn can take place at my office or Ken’s or at any court reporter in Chicago with office space. Most court reporters and their offices don’t care about dogs, cats, whatever, and neither do I. I would probably draw the line at a therapy python, but I digress. (Sorry, I have not been able to warn up to pet snakes or tarantulas. Turtles I can do, even if I know they can bite my finger off, I still like them).
I never heard back from her. So maybe Gloria can do Tues or Wed with or without Atty SO. I asked about that and never heard back.
I am starting to use her initials, because I AM wondering about her. The deposition was 90% hostile and not really a deposition. It never really did seek to do truth and justice, reveal corruption and provide a stepping stone for a full blown investigation, and for those of you who have been through a deposition, you know what I mean. It was more of a form of intimidation than anything else.
Now I find out from Gloria that the ARDC is actively trying to interfere with taking her deposition. I am not ready to reveal what I know, how or why.
A parting shot at my deposition was Atty SO asking me if I thought via “my source” I was to “worry about her”. After what I have learned, and based upon her activity with JC, you will note the use of initials and no, I have not asked–yet. But the parting shot is starting to take shape. What was she trying to tell me?
If what I heard is true recently, it is yet another instance of witness tampering and obstruction of justice. Where I had questions, now I am getting confirmation.
Whoever thinks that of Ken, I, Gloria and Scott and others we are all stupid, we never check anything out must be living in a dream land.
But the latest bit of info I have heard is so utterly bizarre, even for me, I am having a bit of a time digesting it.
I know I live in “crook” county. I have seen and read in the newspapers all sorts of things. We have had in the last decade or so what 4 sitting Illinois governors take their vacations at club fed med. But this really takes the cake–all of it.
JoAnne
And exactly how much is there to cover up? How effectively can it be done?
Yes, folks, there is now a massive pile of elephant poop in a pile on the living room floor, but atty SO from the ARDC apparently has been given mile wide blinders for it and a pair of nose clips. Read on.
From: JoAnne M Denison <jdenison@surfree.com>
To: kenneth ditkowsky <kenditkowsky@yahoo.com>
Sent: Thursday, July 25, 2013 10:22 AM
Subject: Re: Fw: okay to publish?
It is very upsetting to me that the SO was more interested in ignoring the massive amounts of lies in the Sykes case, figuring out ways to phrase yes and no questions to cover up anything done in that case, rather than use discovery as the tool it was mean to be–arrive at truth and justice in a particular case or controversy.
Although I have been involved in multi million dollar patent and trademark cases, with highly contentious and conniving opposing counsel, there is at least SOME semblance of both sides behaving like ladies and gentlemen as attorneys and at least to some degree, even if it’s only about 50%, using a deposition for what it is meant to be–to uncover truth and justice. There actually is some sort of show to that effect–even from the worst of opposing counsel.
This deposition was clearly meant to ignore and cover up the truth and continue the railroad against first Gloria and Mary and then you and now I.
They are so blatant such as they don’t even give any platitudes about lying by AS, CF or any of the other actors in this horrid drama.
Nothing. Nada. Not, we are most concerned about those lies, not we are very concerned about lack of jurisdiction, summons and complaint and notice to sisters. Just another question trying to cover all that up. No sympathy for Gloria, no concern for her assets or her family. It was so bad, you will see that SO was actually trying to cover up the infamous Aug 16, 2012 order that was double stamped and scratched out. SO said “that happens all the time.” NO, it does NOT. Here’s the real procedure. One party drafts the order, the other party okays the order, it is presented to the court. If one party objects to the decision, they can include in the order “agreed as to form only” or “objections made by part X to inclusion of X”. But all parties see the order and agree to it. In FED court, PARTIES MUST INITIAL ORDERS–esp. those granting possession or a money judgment. The judge does NOT change the order. If s/he does, the parties are called to the bench and the judge explains the changes and THEN s/he signs the order.
Judges say when memorandum opinions will issue. These are done without input of the parties because they are intended for publication (but may not be cited).
Judges are careful with orders, they do not scratch them out and sign them.
Connors made a huge deal about changing orders–even with a phone call agreement after the fact and told AS CF and myself to avoid doing it at all costs. (We had to change the next status date–no biggie, but Judge Connors made it clear orders are not to be changed, even for a status date and she never likes it).
And SO has been soooo blinded by at least a show of honesty, truth and ethics she had absolutely no problem telling poor prior witness JC a pack of lies before HER testimony (SO called it “preparing the witness” to that tribunal) she has no idea what she did was the absolute low of the low.
SO seemed to make it clear she “didn’t like to be blogged about”, talked about, or mentioned. But as Justice Louis Brandeis said “sunlight is the best disinfectant.”
Maybe she doesn’t like my blog and what it posts, but perhaps when she sees her reflection in the mirror there, she might think about combing her hair and washing all the dirt off her face.
The other judges have done it by asking about summons and complaint and 14 day notice now and asking about Citations to Discover and Recover assets, and perhaps, painfully enough, SO to look at the mirror called the marygsykes.com blog to see the truth. Starting with, respectfully ask to redo my deposition and ask about all the corruption I have uncovered and who can verify this and what can be done about it.
I once saw a judge, horrors of horrors, enter a guardianship, then turn around ask who was in the house (so they could prepare it for sale the ward was placed in a nursing home), and the attorney answered two elderly siblings or cousins in wheel chairs, and the judge responded, well get them out of there and do you want me to sign an order of possession now? Of course, that’s what the attorney walked out of there with. No notice, no eviction, nada. BUT THESE ELDERLY RELATIVES who lived with the ward–in wheel chairs–probably for years, had the right to notice, an eviction suit, an appearance, etc.
This IS THE STUFF this blog is intended to correct. I was horrified by that action. But I am not part of that case, I can’t step up and say , “hey your honor, aren’t these elderly, infirm people entitled to due procees? at least an investigation and assistance?” No, all I get to do is blog about it and say I was horrified, these elderly people–precious and oh so vulnerable–who are disabled, are entitled to notice, a hearing, a determination of rights and they should go thru the FED courts where there is more legal assistance for the indigent and infirm. But I digress.
Everyday I pray to be filled with truth and love and compassion and understanding and it works. Did you know praying for truth keeps you from disease? You might not at first like the truth, what is actually going on, but then at least you can face it and make appropriate changes.
joanne
—–Original Message—–
From: kenneth ditkowsky
Sent: Jul 25, 2013 11:04 AM
To: JoAnne Denison
Subject: Fw: During my deposition…no one cared about past lies!
From: JoAnne M Denison <jdenison@surfree.com>
To: Atty Ken Ditkowsky <ken@ditkowskylawoffice.com>
Sent: Thursday, July 25, 2013 8:42 AM
Subject: During my deposition…no one cared about past lies!
I told SO that AS presented perjured testimony at numerous times during your trial. (You will recall he said under oath, the coins were investigated, he sent out subpoenas to the bank, then we get the ROA and there are no such subpoenas, no return of service, no affidavit of service. The ROA shows Mary wasn’t served and neither were the sisters and he said there was “nothing wrong with the case”, etc.–lies upon lies) She didn’t seem to care at all. In fact, she never said OMGS that should never have happened and I will try my best to correct that situation.
Where are her ethics?
And this attorney took MY deposition? I had to take a dozens showers and a hot bath to get that grunge off of me.
When you see my transcript you will see that SO was more interested in obtaining misleading answers from Yes or No answers than she was at getting to the truth of the matter and that is that the Sykes case is corrupt and wired in. We don’t know where. We don’t know who–there has been no investigation yet, but we know it’s there It looks like a dead duck, smells like one, but we’re just not sure where it came from or who killed that duck without an investigation.
joanne
From the Chicago Tribune today,
Yet another article on corruption in the nursing homes. In this case, Mr. Esformes made $4,000 magically grow to $7 million via manipulation of pharmacies connected to nursing homes in a matter of months!
He claims innocence. The Judge says he must go to trial.
In an earlier post on this blog, I received a cease and desist letter from an Esformes atty stating that his client was never indicted by a grand jury. Ok. So this is better?
He might just try taking care of old people for a reasonable price rather than getting part of the type of shady transactions wherein a federal court judge says “this must go to trial.”
Note the use of the False Claims act which allows ordinary citizens to sue on behalf of the US government when the USG has been swindled. Another whistleblower may become a great taxpayer hero here.
And, again, note the amounts in controversy are in the millions, you don’t see the US or state’s attorneys involved in this, and it took years to get to this point.
JoAnne
From KDD today on my deposition
Dear Readers;
Today, I had the supreme pleasure of having my deposition taken by SO. What an amazing adventure. Sitting at the foot of the master–not. Kids, don’t do this at home.
I have to say, her techniques in taking a deposition only rival those of Miriam Solo, published earlier on this blog.
I’d shoot an associate that ever did this. As for me, I am NOT surprised. Re-read my motion to Disqualify her, and she filed a response in which she never denied any of the following: witness tampering, obstruction of justice and spoliation of evidence (missing portions of a witness deposition).
In any case, I will do a full report when I receive the video blog and the transcript and I have corrected it.
For now, read on below.
the ONLY way for her to solve her problem is to admit that the US and Illinois constitutions are true that I have affirmative defenses.
I mentioned at least a half dozen times during the deposition “Justice Louis Brandeis said the best disinfectant is sunlight”.
She needs to put that in her craw too.
And she WILL hear during my testimony that when I blogged about going into the judges area was barred by court order after Greylord and I NEVER DO THAT, most (honest) judges have a strict rule about it, the problem was fixed. When I blogged about 14 days notice and service on next of kin, the judges now announce that loudly in court when they appoint a guardian and show the ward (if present) a copy of the “notice of rights that has the hearing date on it” (true story)and they announce it was served as shown in the COS 14 days earlier to the hearing date.
huge, huge steps and all because of MY BLOG and yours and Gloria’s efforts. Gloria, I’m sorry you had to go thru all of this, but you and the blog and Ken have helped others in so, so many ways we will never know.
She needs to understand and appreciate the First Amendment, the Fifth Amendment, the 14th Amendment, the Probate Act.
She clearly does NOT have a clue–yet. She can change. She can admit that blogs do much good and change how others perceive lawyers in the court room. Judge Stuart was the one that now announces the 14 days advance service to the ward and relatives–good for her! Keep on going. She’s getting it.
joanne
—–Original Message—–
From: kenneth ditkowsky
Sent: Jul 23, 2013 8:09 PM
To: JoAnne M Denison , Gloria Sykes
Subject: Re: okay to publish?
—–Original Message—–
From: kenneth ditkowsky
Sent: Jul 23, 2013 8:02 PM
To: Lucius Verenus
Cc: JoAnne Denison , NASGA , Michigan Advocacy Project , janet Bedin , “illinois.ardc@gmail.com” , Tom Kammerer
Subject: Re: Your motion to disqualify SO
Ken Ditkowsky
From Ken and Judy Ditkowsky–more thoughts about the “cookie jar”
From: kenneth ditkowsky
Sent: Jul 22, 2013 8:47 PM
To: “tips@tribune.com” , SUNTIMES , “chicagotonight@wttw.com” , JoAnne Denison , NASGA , probate sharks , matt senator kirk , Eric Holder , Bedin , “janetclairephelan@yahoo.com”
Subject: Fw: Fwd: Final: July 1
—– Forwarded Message —–
From: “jdit@aol.com” <jdit@aol.com>
To: kenditkowsky@yahoo.com
Sent: Monday, July 22, 2013 8:01 PM
Subject: Fwd: Final: July 1
—–Original Message—–
From: j. d. <jdit@aol.com>
To: kenneth ditkowsky <kenditkowsky@yahoo.com>; Judy Ditkowsky <jdit@aol.com>
Sent: Mon, Jul 22, 2013 7:48 pm
Subject: Final: July 1
Dear Ken,
The explicit reason Ms. G gave for not investigating the allegations of
A.S. misconduct was that the person making the allegations was under the
guardianship of A.S.
That was actionable because 1) Ms. G. did not make an investigation of
the person making the allegation that A.S.had acted against the law. She
either relied on her faulty memory and never bothered to recheck her
memory,
she acted knowing
that she was making a devastatingly serious allegation in derogation of
the civil rights of a person with no unusual status or she simply made
up a serious defamatory statement.
She has admitted
that her letter was never checked for accuracy before being placed in
the U.S. mail.
2) reliance on her memory
is not an acceptable excuse as she sent out that letter in the official
capacity as a senior attorney. She has no right to rely upon her memory
for such a serious matter.
3) this reliance on a
faulty memory (assuming that she was not intentionally doing a vicious
act) was then used as the excuse not to comply with the duty of her
office, which was to investigate the action of an allegedly (and
to the best of MY
knowledge) non-duly appointed Guardian ad Litem.
Ms. G. showed favoritism toward A.S. following the previous PATTERN
evinced throughout all proceedings, including the letter from Guardian
Ad Litem C.F. to ARDC Leah Black, which was acted upon whereas numerous
sworn affidavits were simply ignored. Guardian Ad Litem A.S. got the
benefit of the doubt, while the complaint against him was dismissed by a
Senior Attorney who never bothered to check her assumption that a ward
of A .S. was complaining about his activities. In so doing ,she put onto
a computer which has daily back up, a defamatory derogation of a person
who is perfectly functional, in writing, saving and printing this
letter. This information could adversely affect GS's ability to borrow
money, get a job and live the life to which she, as a citizen, is
entitled . Ms G took a full three weeks to correct the record, after
having been threatened with law suit by her victim and complaint to the
ARDC by the intended recipient of her letter. I do not believe that she
as yet even vouchsafed the courtesy of an apology to her VICTIM.
Since I was personally present at the June 25 hearing at which the
plenary guardian under oath admitted to carelessness which resulted in
the significant and long term waste of the M.S. estate, which A. S. was
ostensibly appointed to protect against plenary guardian abuse, I cannot
understand how Ms. G can continue to countenance the disrespect of A.S.
for his office. Other actions taken by A.S. at said hearing were in
derogation of the rights of other seniors closely related to M.S. to see
their sister on a regular and unfettered basis and even to know where
she is residing in derogation of state law. Furthermore, a personal
friend of M.S. of many decades, also a senior, was denied her right to
enjoy the company of her friend for absolutely no reason. Furthermore,
evidently, A.S. provided affidavits to Judge Stuart under the highly
unusual situation that the pro-se Defendendant G.S. was not afforded
access prior to or in the consultations resulting in the above orders.
These affidavits MAY have been obtained by suborning perjury by A.S., as
the very people mentioned in the said affidavits were present in the
courtroom, available for questioning under oath, the pro-se plaintiff
objecting from the visitor's gallery as she had been barred from the
bench, and the people who had accompanied her; while the affidavits
provided stated facts contrary to those to which the persons in question
would have sworn under oath were contrary to fact and there appears to
be questions as to whether they were anonymous. A.S. was fully aware
that the three persons named in this affidavit were present and should
have been questioned before the simple human right of his ward was
denied. The result of these affidavits is that NO ONE other than the
GAL's and the Plenary Guardian (and presumably the judge, if she cares,
even knows whether M.S., the ward is alive or dead. No independent
doctor or police official can ascertain whether she is being treated
with any degree of human decency, although the lack of simple human
decency in isolating M.S. from every personal friend and every family
member other than the plenary guardian beggars the imagination! These
affidavits accused the three people present of actions which, since the
police were called, investigated and declined to press charges, were not
sustainable!
Sincerely,
Judith Ditkowsky
Gloria talks about the ADA and certification of therapy animals to assist the disabled
FAX MEMORANDUM
TO: Sharon D. Opryszek
Litigation Counsel
Illinois ARDC
FAX: 312-565-2320 Re. Joanne Marie Dennison
Commission NO. 2013PR00001
Ms. Opryszek,
Had I not been harassed and an attempt to intimidate almost one year ago when I was to do a deposition for the investigation against attorney Kenneth Ditkowsky, I may have been lured into believing that the IARDC cared one ounce to have the truth reported to them under oath: had I one ounce of faith that the Illinois ARDC would give a hoot about justice, or the protections mandated by the Illinois Department of Justice, the Department On Aging or other agencies that protect the elderly and disabled, I may have listened to your ‘excuses’ today. However, you and other members of the Illinois ARDC have lost all credibility and in particular, that because you have ignored all complaints against attorneys Adam Stern, Cynthia Farenga, Peter Schmiedel, and Deborah Jo Soehlig, et al, it is reasonable to confer that the Illinois ARDC will do whatever it may to prevent me from participating in a deposition that would give good evidence that the blog of Joanne Denison contains documented facts in and regarding the probate case titled, The Estate of Mary G. Sykes 2009 P 4585. Further, that the Illinois ARDC has publically demonized and placed my good name in false light, for the sole purpose to discredit me not only to your Commission, but also law enforcement and other agencies.
FACT: The federal American Disabilities Act (ADA) does NOT require mandatory or voluntary certification of service animals.
FACT: Voluntary certification, registration, and service animal identification makes dealing with service animal accessibility in public places, private housing with no-pet policies, lodging, and public transportation MUCH easier.
However, the simple truth is that although certification of service animals is not required under federal law, many business owners, managers, and employees are not trained or aware that a person with a disability and service animal must be allowed in their establishment by law! Because of this lack of education and understanding, many disabled persons and their service animals are often denied access until they’ve successfully pled their case and shared the law.
Even the informed and knowledgeable business will confront a person attempting to bring in their dog if the dog isn’t wearing something (vest, patch, ID card) that clearly indicates the dog is a service animal. However, Shaggy has one tag he wears: he certification papers were stolen and destroyed by Carolyn Toerpe, the client of attorneys Adam Stern, Cynthia FArenga, and Peter Schmiedel.
Living with a disability (diagnosed situational Post Traumatic Stress Disorder (SPTSD)in 2003) is hard enough without the embarrassment and frustration of having to fight for my rights to enter the offices of the ARDC and now, after been given clearance by Mr. Helms (sp) the Director of Security at the Potential Building, been lied to by you, Ms. Opryszek, as a means to obstruct justice and witness tampering. Knowing, as you do, that the triggers to the ‘situations’ which have caused me much hardship and harm (including Legal Abuse Syndrome (LAB)) were and are caused by attorneys Adam Stern, Peter Schmiedel, Cynthia Farenga, and now the attorneys and agents of the Illinois ARDC, is, well, a crime on top of crimes already committed by an agency of the Illinois Supreme Court that is suppose to protect the legal profession – not provide more reasons why the public should not trust lawyers.
That said, for a simple fee of $149. I can receive a new kit that includes a vest and certification papers by the 29th, although the law does not require certification. I have contacted the proper authorities in this matter who have provided me with the information I need to end this discrimination and intimidation: included below is a statement from the ADA regarding this issue, for my protection(s), support and for your education. If you want to pay for the documents not required by law, great: tomorrow at 4 pm I will allow service upon me and included with said service of summons, a check for $149 and one for the $35 (or whatever the fee is for depositions now). Otherwise, just please stop the illegal attitude and let’s move forward and Shaggy and I will do the deposition accordingly on the 29th.
Shaggy is trained to respect commands beyond the training most receive to obtain a Good Canine Citizen certification which healso has. He is trained to determine any situation that may cause me harm, such as if, for example, you or one of your staff present themselves in a hostile or aggressive manner: Shaggy is also trained to determine when I am under undue stress, and to ‘get me away’ from the situation. A good example is a few weeks ago I was at the DuPage Courthouse filing some papers. Shaggy was at my side. He was fine when I met with the social workers, but when we went into a room filled with people who were present for various court appearances; he detected aggression, the anxiety of others, et and refused to allow me to enter the room. I did not. Another good example was when Carolyn Toerpe and her husband Fred were preventing me from packing and procuring my property during a wrongful eviction: Shaggy attempted to stand between them and me and tried to get me out of the home, where he had for most of his life found as a safe zone, or when the Cook County Sheriff refused to let me enter the first floor, or basement of the single family home where Toerpe procured a void order to have me evicted form the 2nd floor, Shaggy tried to support me and prevent the aggression of the Cook County Sheriff who, at one point, one had grabbed me and stopped me from getting my lap top computer: one Deputy Sheriff actually told me, “If your dog bites me I’ll shoot him”. Shaggy doesn’t bit people, but this threat from the Sheriff caused Shaggy to push me with his nose, bit my clothing in an attempt to ‘get me away’ from harm. Thus, you may be concerned that he will point out your aggression, the intimidation and biases against me. Rest assured, he will, but in doing so, I will continue the deposition without any episode(s) of SPTSD as he will make me aware of the tactics and give me comfort that I can overcome: or, you will be professional and cause me to apologize for even mentioning such tactics. That’s up to you.
Nevertheless, the Illinois ARDC is wrong in preventing me from having Shaggy at the deposition and against the laws set by the ADA. I’ve copied the ADA as well as other organizations who are in the business to make certain that people with disabilities are able to have service (companion) dogs with them at all times so he or she can be better equipped to help manage the on-going stresses that cause the reason for a companion pooch. That this is the second time the Illinois ARDC has violated the laws and prevented me from testifying.
I hope we can work this out now that you are educated. It’s your choice.
Please see attached page.
Healthy Regards,
Gloria Jean Sykes
CC. JoAnne Denison (Email), ADA Chief Rebecca B. Bond, U.S. Department of Justice (fax, 202-307-1197), Kenneth Ditkowsky (email)
ADA and Certification of Service Dogs
| Clipped from Department of Justice ADA Title III Final Rule
Training requirement. Certain commenters recommended the adoption of formal training requirements for service animals. The Department has rejected this approach and will not impose any type of formal training requirements or certification process, but will continue to require that service animals be individually trained to do work or perform tasks for the benefit of an individual with a disability. While some groups have urged the Department to modify this position, the Department has determined that such a modification would not serve the full array of individuals with disabilities who use service animals, since individuals with disabilities may be capable of training, and some have trained, their service animal to perform tasks or do work to accommodate their disability. A training and certification requirement would increase the expense of acquiring a service animal and might limit access to service animals for individuals with limited financial resources.
Some commenters proposed specific behavior or training standards for service animals, arguing that without such standards, the public has no way to differentiate between untrained pets and service animals. Many of the suggested behavior or training standards were lengthy and detailed. The Department believes that this rule addresses service animal behavior sufficiently by including provisions that address the obligations of the service animal user and the circumstances under which a service animal may be excluded, such as the requirements that an animal be housebroken and under the control of its handler. |
Good Question on immunity for Discharged Guardians
Recently found in a “discharge of guardianship” order was the statement that the guardian is granted immunity from the court for all actions taken as guardian in connection with the case.
The question was, does this in fact create any new immunities?
My answer:
Good question:
The reality is, no new immunities are created by that statement. There is plenty of case law that court officials and GAL’s and guardians and what nots only have immunity IF they are acting within the laws, scope of their duties and court orders.
Pretty much, a guardian has to get a court order to do anything. Sell property (real or personal), transfer funds,open bank accounts, move the ward, take actions and inactions.
So, what that is is boilerplate? Most likely it is meant to scare off family litigators.
thanks
TGIF and some fun quotes on lawyers
Quotes Regarding lawyers:
As a lawyer – never get mad, except on purpose, and rarely do it, except if the pay is handsome.
You can’t ever really insult, denigrate, belittle or even derail a lawyer. JMD
In my family, my mom’s a doctor, my dad’s a PsychD, my uncle is a psychologist, my aunt is a dentist, another uncle is a lawyer–so of course they all make sure that everyone at all times in our family is on some type of prescription medication!
I busted a mirror and got 7 years bad luck, but my lawyer’s trying to get me off with only 5 years.
A jury consists of 12 persons picked to determine who has the better lawyer.
Compromise is the best and cheapest lawyer (Robert Louis Stevenson)
If a person is not talented enough to be a novelist, not smart enough to be a lawyer, and his hands are too shaky to perform operations, he becomes a journalist.
Norman Mailer
I am a trial lawyer. Matilda says that at dinner on a good day I sound like an affidavit.
Mario Cuomo (that’s you, Ken)
Laws are spider webs through which the big flies pass and the little ones get caught.
Honore de Balzac
A lean compromise is better than a fat lawsuit.
George Herbert
Avoid lawsuits beyond all things; they pervert your conscience, impair your health, and dissipate your property.
Jean de la Bruyere
The trouble with law is lawyers.
Clarence Darrow
Advertising is legalized lying.
H. G. Wells
Sunlight is the best disinfectant from the NYSCPA
‘Sunlight Is the Best Disinfectant’
Sunlight is the best disinfectant,” a well-known quote from U.S. Supreme Court Justice Louis Brandeis, refers to the benefits of openness and transparency. I invoke this quote often as executive director of the NYSSCPA, to illustrate that the most credible and respected organizations operate in an atmosphere of avowed openness. We should not only accept criticism and suggestions, we should embrace them. If questions from constituents, the public, or the media make leaders or other responsible parties obfuscate, the questions are usually valid and the answers are not. People who feel uncomfortable under the bright light of scrutiny and criticism often have something to hide.
A high level of openness is an identifying characteristic of well functioning democracy.
In law, nothing is certain but the expense.
Samuel Butler
The more laws, the less justice.
Marcus Tullius Cicero
I’m trusting in the Lord and a good lawyer.
Oliver North
Where there is a will there is a lawsuit.
Addison Mizner
Lawyers spend a great deal of their time shoveling smoke.
Oliver Wendell Holmes, Jr.
Ignorance of the law excuses no man from practicing it.
Addison Mizner
Judges are the weakest link in our system of justice, and they are also the most protected.
Alan Dershowitz
People do not win people fights. Lawyers do.
Norman Ralph Augustine
Misery is the company of lawsuits.
Francois Rabelais
We are led by lawyers who do not understand either technology or balance sheets.
Thomas Friedman
To some lawyers, all facts are created equal.
Felix Frankfurter
Never forget that everything Hitler did in Germany was legal.
Martin Luther King, Jr.
Anybody who thinks talk is cheap should get some legal advice.
Franklin P. Jones
It’s not corruption or tied it, it’s just a very long amazing story of unfortunate coincidences.
JMD.