Cook County Sheriff Deputies

by Dr. Linda Shelton:

DOCUMENTATION OF CORRUPTION, FRAUD, WASTE, AND INCOMPETENCE IN THE SHERIFF’S DEPARTMENT OF COOK COUNTY:

Cook County Sheriff Police Investigator Cynthia B. Sofus, earning a salary of $76, 450 per year,  is a glaring example of incompetence, arrogance, and vulgarity among the Cook County Sheriff’s staff. She works for the Criminal Intelligence, Gangs & Crimes Unit of the Sheriff’s Police at the Cook County Department of Corrections. She has what is known as a “potty mouth”. The following gives a detailed description as to how, in two cases against me which are false arrests and malicious prosecutions, she was grossly negligent in her investigation and has ended up suborning perjury (supporting  perjury of the state’s witnesses, Sgt. Anthony Salemi and Lt. Prescott, among others).

I as an innocent person, disabled with a partial right hemiparesis and congenitally weak arms was w rongfully convicted of ”bumping” my borken wheelchair into Sgt. Anthony Salemi while he was looking at me causing a vertical linear abrasion at the top of his shins and raising my right leg up  (the one that is partially paralyzed and I cannot raise above my waste) and kicking him in the chest causing soreness. Despite no previous criminal record and laws that mandate that I receive a sentence of probation,  I was sentenced to two years in the penitentiary.  This happened due to Nifong-like prosecutorial misconduct, gross judicial misconduct, and a jury biased by emotion and being angry that they had to waste their time, who clearly made up their minds in the first few minutes of the trial and never bothered to actually consider the defense teams evidence and statements. This is what happens when one does not have publicity, one is on the shit list for being a whistle blower against  government officials, and when one is honest and fights for others. This is a story of the MYTH OF AMERICAN JUSTICE:

Case 1:

On May 16, 2005, Cook County Correctional Sgt. Anthony Salemi came to my cell at the women’s medical unit of the Cermak infirmary at Cook County Jail. I was housed alone in a single cell. I was in the medical unit due to multiple medical problems including: 1) a congenital & acquired spinal cord injury causing a weak right side (right hemiparesis) where I cannot raise my right leg above my waist; 2) heart arrythmias; 3) Hemiplegic migraine causing frequent dizziness, unsteadiness, and headache, plus some intermittent neurologic deficits (migraines with symptoms of stroke); 4) severe intermittent asthma with vocal cord dysfunction, episodes of unconsciousness due to hypoxia, and severe sensitivity to chemicals such as cleaning solutions, perfumes, and the formaldehyde found in cigarettes (ignorant poorly-trained paramedics, nurses, and physicians, such as they have at the CCDOC, confuse my symptoms with malingering because I don’t always wheeze but rather develop a “silent chest syndrome” with poor air movement and whistling gurgling sound when inhaling, just before I go unconscious), and 5) malignant neurocardiogenic syncope – a severe form of nerve mediated fainting that in me is caused partly by the spinal cord injury destroying nerves needed to regulate respiration and heart beat, but also due to congenital disorder of contraction or twitchiness of the blood vessels necessary to keep a person from fainting when they stand up (the blood vessels in the lower body must contract when standing or the blood flows to the lower body and there is insufficient blood for the brain).  This is a complex and interacting set of medical problems, which for treatment, require a certain mix of medications, a high salt diet, and rapid response to deterioration of medical condition.

As the jail staff had: 1) violated my constitutional rights to have pen & paper to write grievances and write court papers to appeal my unlawful incarceration, thus illegally and unconstitutionally denying me ”access to the courts” (I was later aquitted of the fraudlent charge for which I was incarcerated); 2) denied me necessary medication and high salt diet (the correctional staff said salt was contraband and everyone had to eat a low salt diet, despite the doctor’s orders) to prevent fainting on standing and weakness or other serious symptoms; and 3) denied me my statutory right to call non-collect when I was incarcerated to arrange for the care of my disabled father (when I came home a month later he was dehydrated, weak, mildly confused, and clearly had needed more assistance) – the social worker told me that she was instructed NOT to help me arrange for the care of my father,  I protested with, from May 11, 2005 on, a continuous dry hunger strike.

I ate and drank NOTHING. Every three to five days I would take 2-3 ounces of water to lessen the likelihood of a quick death. This resulted in a 1 and 1/2 lb weight loss per day, and by May 16, 2009, I had nearly passed out in the shower and required the use of a wheelchair, although I had been using a cane. I no longer could stand for more than a few seconds without passing out. I was moderately dehydrated, which causes weakness and fainting when standing. Obviously, this made my congenitally weak arms & shoulders, and weak leg, even weaker. I was physically unable to batter anyone, especially a strong male who was taller and 50 lbs heavier than I was, like Sgt. Salemi.

The wheelchair had most of the tread missing from the right wheel. Therefore, when I  pushed it, if there was a divit in the floor or a slightly bumpy area on the floor, I couldn’t move it over this tiny obstacle as the right wheel would not catch the floor and would spin freely. The right wheel also had one of the three spacers missing from the hand rail on the wheel and this made the wheel a bit cockeyed and caused the long screw to constantly rattle and move into the wheel obstructing movement of the wheel if I used the hand rail instead of someone pushing me. The armrests were missing. The wheelchair was extra wide and meant for a very obese person – I am thin. This meant you have to spread your arms wider, this produces less torque, and the person in the chair has more difficulty moving it than an ordinary wheelchair.

My medical condition is that I have congenital weakness of the hands, arms, and shoulders due to the spinal cord injury resulting from a congenital defect in my spine. I kept the left foot rest folded up and put my weak right leg on the right foot rest. I used my fairly good left leg to propel the wheelchair backwards (it is hard to use a leg to move the wheelchair fast forwards – try it!) as my arms were a little too weak to get the wheelchair start moving from a stop and too weak to go very far. The officers are required NOT to push inmates in wheelchairs, but Officer Boutte, who does transport for female inmates, always pushed my wheelchair, because it was obvious I was too weak to push it very far. He was illegally not allowed to testify on my behalf.

Unit officers open cell doors for meal and time in the common room, a large hall with tables and chairs, and inmates can open the cell doors and leave their cells when the doors are unlocked part of the day.

I had great difficulty opening the cell door and maneuvering my wheelchair out of the cell. I had to do this backwards pushing with my left leg and then wedging my arms in the door jams so as to get more force to help my leg push the door open with the back of the wheelchair. At least half the time, a nurse or inmate would take pity and help me open the door. Only one officer actually helped me open the door. The others were sadistic. I often didn’t bother, because I wasn’t eating anyways, and more and more stayed in bed, too weak to do anything. My pulse was consistently rapid and I was consistently short of breath if I tried to stand up or move around. I suffered at least 4 asthma attackes in the few days before this incident due to exposure to inmates who were smoking or exposure to floor cleaning solutions. The medical staff didn’t care to protect me from this. This further weakened me. My attorney was illegally not allowed to present the paramedic reports about these asthma attacks to the jury.

Sgt. Anthony Salemi came to my cell on May 16, 2005, sent the female unit officer away, and cracked the door open to talk with me. I was next to the cell door as I had banged on it trying to get the unit officer to call a sergeant or lieutenant so I could make verbal complaints again, that they continually ignored. The department rules require that a male officer may NOT enter a female inmate’s cell without a witness, except in a life-threatening emergency. There was no life-threatening emergency.

Sgt. Anthony Salemi told me “I’m going to make a case so you don’t get out.” He then opened the door enough to lunge in and grab my neck with his left hand. Sgt. Hernandez and several officers later told me to “get that ***” in court because he “only attacks women”. The door shut behind him.

The force of his attack made the wheelchair propel backwards. He stumbled and slid down a bit, skinning his shins on the footrests, more so on the left as the left footrest was folded up and sticking out less. The wheelchair spun a little to the right. We were now in the middle of the cell nearer the bed. I curled up in a ball somewhat, leaning to my right side so I could wedge my left shoeless foot against his chest to try to pry him off. His harry arms were very strong, like tree trunks and my arms were too weak in my feeble attempts to pull his hand off of my neck. He got mad when I pushed his chest with my foot and let go. Then he rapidly grabbed my left arm with his left hand, while he yanked the wheelchair out from under me, simultaneously flipping me off the wheelchair against the hospital bed railing that was down.

I landed against the bed and on my right knee and hands. My right middle toe got caught in the right foot rest and became severely contused. It later swelled up like a grape, black and blue.  I was stunned and terrified. I didn’t know what to expect next and feared for my life. The wheelchair had two posts on either side of the seat where the missing armrests insert. They were slightly higher than the seat and hard metal. As he pulled the wheelchair out from under me, they raked my thighs and caused huge contusions – testimony in court described “bruises on (L) – Upper posterior thigh (4” X 2”), (R) Inner upper thigh (6 ½ “ X 3 ½ “) (R) Third metatarsal toe.” Officer unit log notes describe a bruise on my right knee. No one carefully examined me, so they didn’t write down the bruises on my left arm in the shape of fingers. The doctor, days later, ordered multiple X-rays due to the extent of contusions to rule out fractures. He however did not examine me in any way other than to visualize a few bruises. He was not called to testify.

I have post-traumatic-stress disorder because I was  previously attacked by men. This attack by Sgt. Salemi put me into a flashback and was crying and screaming hysterical to “stay away from me”, as well as cowering after this attack. I let no one touch me or view my injuries for several shifts and simply cowered in the bed and was silent.

Sgt. Salemi falsified his records and said from a dead stop in the middle of the cell, I “surprised him” while he was looking at me, accelerated the wheelchair and rammed it into him, skinning his shins and making him fall. He said the cell door stayed open on its own but no one saw him fall out of the door or in any way (the cell doors have heavy hydraulic door closing mechanisms that make them close automatically so this is a lie).

He said he was too surprised to protect himself! He said he then got up and I kicked him while sitting in the wheelchair in the chest with my RIGHT leg (sofus quotes him in her report) so hard that he was pushed against the “closed” door. He does not explain how the door remained open on its own and then mysteriously closed so he could be kicked against it. In his testimony at trial, Sgt. Salemi stated that I raised both legs and kicked him in the chest, while the wheelchair was rolling backwards with such force he was thrown against the door several feet away!

In his incident report and Inv. Sofus’ investigative report they state that I was at the cell door stating “I’m coming out” and as he opened the door, while facing forward, rammed Salemi and kicked him, but somehow, none of the inmates eating dinner in the hall, the officer or others saw me, except nurse Ogali, who stated that Salemi’s body was blocking the door way with him standing in the threshold and the door against his shoulder, and she only saw me move my wheelchair towards the door and did not see me ram or kick him, but did see him bend down after entering the cell and removing the wheelchair. She said she couldn’t see everything because the cell door window starts 4 feet up off the floor and she was sitting in the nurse’s station 15 feet away kitty corner to the cell.

Inv. Sofus came to my cell on the next day, like  a bull in a China shop in a very butch manner. She asked bruskly if I would answer her questions. She was very confrontational in her demeanor, and obviously not willing to listen to facts. I was laying in bed and so traumatized that I said leave me alone, I won’t talk to anyone without an attorney.

Inv. Sofus failed in her duty to preserve the “weapon”, the broken wheelchair, that would have exonerated me.  Judge Kazmierski through judicial misconduct failed to dismiss the case due to this fact, which is required by previous United States Supreme Court decisions holding that when the State destroys or fails to preserve a weapon in a crime the case must be dismissed.

She failed to ask anyone about my medical conditions and didn’t mention them at all in her grand jury testimony or her report. Judge Kazmierski illegally prevented my attorney from essentially asking any questions to point out all the discrepencies and negligent investigation to the jury. Therefore, he was illegally prohibited by the court from impeaching Sgt. Salemi, the only witness against me (who  presented only perjured statements), by using the testimony and reports of Inv. Sofus.

Sgt. Salemi also committed perjury in stating that all wheelchairs in the jail are in perfect working condition. Another officer at sentencing (illegally not allowed to testify at trial) stated “its a jail!” and that “the cell doors close automatically.” He also testified that most of the wheelchairs are in poor condition and broken. Inv. Sofus would have noted this if she wasn’t so negligent, careless, arrogant, and incompetent. She failed to write in her report important details and observations. She appears to do a selective investigation, only including details credible or not, verified or not, that support the allegation. She carefully hides or avoids writing down any exculpatory evidence that proves the person innocent. A real Gestapo type!

A few days later, a nurse documented my extensive contusions. Inv. Sofus failed to follow-up to see if I was injured. She and all the jail staff refused to take photos of these injuries, but took photos of Sgt. Salemi’s shin which revealed several inch long abrasions running up them. If he was rammed, he would have had one linear horizontal mark or bruise on his lower leg near his ankle on the left and one short mark on his right shin corresponding to the wheelchair folded up footrest. There would be no long linear abrasions running up his shins, which are consistent with my story that he stumbled and slid down against the foot rests, not with his story.

As Sgt. Salemi was the ONLY witness with testimony against me and his testimony was not believable as not compatible with the photos/injuries of his shins or my injuries, as well as his testimony was contradictory in itself and with the statements of others, the State actually presented not one shred of credible evidence against me.

The conviction was due to extreme prosecutorial and judicial misconduct that mislead the jury, mis-stated the facts to the jury in closing and ignored the evidence.  See my appeal: http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

What kind of an investigator is so negligent to not even identify the medical condition of a person on a medical unit when investigating a crime that requires physical force and strength to accomplish, and who fails to preserve the alleged weapon (the broken wheelchair), as well as fails to note the discrepencies in the story by Sgt. Salemi that contradict the notes of the officers in the unit logs about the broken wheelchair as well as other officer’s testimony (only allowed after trial at sentencing hearing) that the cell doors cannot stay open on their own??

Case 2:

Maisha Hamilton Bennett, Ph.d, a psychologist was wrongfully incarcerated after a wrongful conviction at the Cook County Jail in July and August 2009 on fraudulent charges brought by the corrupt IL Attorney General Lisa Madigan. See: http://drlindashelton.wordpress.com/2009/08/31/mental-health-care-denied-poor-in-illinois/ and http://drlindashelton.wordpress.com/free-dr-maisha-hamilton-bennett/

She was being transferred and called me to come pick up five bags of legal documents so they would not be thrown out. I had gone to visit her in mid-July and after my visit, as I was waiting for some papers Dr. Hamilton Bennett wan’t me to take home that she had arranged to have the social worker give to me, Sgt. Alex Cruz assaulted me by yelling at me that I had to leave or I would be arrested because former inmates cannot visit during the year after release (It has been more than one year since my release – this “rule” also is not posted anywhere and inmates when released are not informed about this “rule” – I’m not even sure this rule is legal). I left because I didn’t feel like arguing and being wrongfully arrested that day.

On or about August 26th, Jail Social Worker Richardson called me and told me to come pick up Dr. Hamilton Bennett’s papers. Due to the fact I have several suits againt the Sheriff and his corrupt staff, I called the Jail’s Executive office on or about August 27th and asked the Jail ExecutiveDirector’s Assistant if I could have an escort so I would not be harassed. She refused to connect me with any higher officer and said I wouldn’t be harassed or falsely arrested. I called the Jail’s legal office and they said they couldn’t do anything as they don’t arrange escorts. I called Sheriff’s Dart’s Office at the Daley Center and his Executive Assistant also said they do not arrange escorts into the jail, no one would harass me, and that there was not problem with me picking up documents for an inmate being transferrred out.

I came on Friday August 28 and picked up three bags of documents and said I would come back for the rest.

I returned on Monday, August 31, 2009 to pick up the rest of the documents. At the entrance, I was held up unusually long while Sgt. Arthur at the gate called Sgt. Cruz. I was then let in. I told them that I had the OK from the executive and Sheriff’s office and they promised me no one would bother me. They refused to call the executive office of the jail or the Sheriff’s office.

Officer Levy was at the desk in the visitor area. She is one of the guards I am suing for holding me down and kicking me with their boots. See: http://www.scribd.com/doc/19434501/Shelton-1983-Against-Cook-County-Sheriff-Illegal-Administration-Psychotropic-Drugs-and-Battery-2009

I told Deputy Levy that why I was there and that Dr. Hamilton Bennett told me to ask for Kim Laster who was in charge of property in the Annex of Division 3. She had arranged with her to transfer the last two bags of documents to me. Deputy Levy instead called a female Lt. Prescott who came out to talk to me. Lt. Prescott was immediately hostile, verbally aggressive, and wouldn’t listen. She went out and came back and said I had to leave that I couldn’t pick up any property. Social Worker Vaughn said Ms. Richardson wasn’t there and nobody can ever pick up property – a lie. I told them I had already picked up three bags and had the OK from their superiors, as well as that I was not an inmate there during the last year.

Lt. Prescott called the guardhouse and they sent over a tall obese African-American officer Delgado, who was very polite, and female African-American officer Gonzalez. They tried to push me to the gate. I let go of my walker and sat on the ground and told them I had permission to pick up property, the property was available, I was to talk to Ofc. Laster, Ms. Richardson had called me to come there, and that I had already picked up three bags and was there for the last two. I told them they were illegaly harassing me, disobeying their superiors, and committing a federal felony as I am a federal witness against many officers at the jail , have federal suits against them, so this could be construed as an illegal penalty on the exercise of my and Dr. Hamilton Bennetts civil rights, as well as a felony civil rights violation including harssing a federal witness.

Ofc. Delgado, said if we went to the front gate, they were in a different department and they would call the executive office and solve the problem so I walked there with them using my walker. I however was getting a bit overheated from their assault on me and had been suffering from a viral infection for several days.

At the front gate guard house, Sgt. Arthur refused to call the executive office or solve the problem and insisted that I leave saying that Lt. Prescott had informed him that I could not pick up any property.  I told him he was wrong and all the crimes he was committing. Sgt. Arthur then had the deputies handcuff me and said they were arresting me for “vagrancy”. He called the Sheriff’s police and Inv. Sofus, Sgt. Robert J. Fitzgerald and Correctional Officer Sgt. James P. Aurenz responded.

Before they arrived I began to feel poorly from being overheated and this triggered my fainting and heart arrythmia. The deputies wouldn’t let me take off my suit jacket and lie down on the bench. So, just as I felt I was going to pass out, I lay down on the floor. When Inv. Sofus and her buddies arrive I tried to abort passing out by using the bathroom and putting cold water on myself. Sgt. Aurenz was kind enough to let me do this. Then when I came back to the bench and lied down, now without handcuffs, I briefly lost consciousness. I may have had brief episodes of irregular breathing. I don’t think I was responsive. An ambulance was called.

When the ambulance arrived I was coming out of the confusion after waking up. In the ambulance I told them I wanted to sign a release and go get the property I was there to get. I was still very short of breath and had difficulty standing so I crawled toward the guard house.

Then I became more alert and recognized Inv. Sofus as the person who had suborned perjury and collaberated with the misconduct of Sgt. Salemi. I went into a brief flashback reliving in a dream like state the assault on me by Sgt. Salemi. Then I tried to get into the guard house to go get the two bags.

At this point Inv. Sofus arrested me for “disorderly conduct.”

It is illegal to harass a federal witness.

It is illegal to deny me entrance to the jail without cause.

It is illegal to deny Dr. Hamilton Bennett the right to have someone pick up her property when she is being transferred.

It is illegal for an officer to commit a crime and arrest someone without probable cause in order to cover-up for their misconduct.

An arrest must have a good faith  probable cause. There was none.

After being arrested Sgt. Aurenz let me explain to him what happened. His response was that they have no authority because the “chain of command” prevents it to call the executive office or Ofc. Laster or Social Worker Richardson to check out the story.

The law says that theydo have a DUTY to investigate exculpatory evidence brought to them after an arrest, they do have a DUTY to drop charges when they discover the arrest was without probable cause, and they do have a DUTY to protect a federal witness against assault.

This is a grotesque civil rights violaton and may rise to the level of a felony civil rights violation under federal law.

The due process clause of the constitution secures the individual from arbitrary exercise of the powers of the government and prevents governmental power from being used for purposes of oppression.

Was this arrest arbitrary? – YES

Was this arrest used for purposes of oppressions? – YES

Was this a scheme to deny civil rights? – YES

Does this shock the conscience? – YES

Its time for Inv. Sofus, Sgt. Salemi, and the other puppets of corruption who are arrogant, power-grabbing, incompetent, violate law with impunity, and commit perjury with impunity to be arrested, lose their jobs, and brought before the federal court.

Please write the following persons and urge them to act quickly to stop this totalitarian police state called Cook County:

Asst. U.S. Attorney Patrick Fitzgerald, Office of U.S. Attorney, 219 S. Dearborn, 5th Floor, Chicago  IL, 60604

Special Agent Robert Grant, Chicago FBI, 2111 W. Roosevelt Road, Chicago IL, 60608

Anita Alvarez, Cook County States Attorney, 50 West Washington, Rm 500, Chicago IL, 60602

President Barrack Obama, The White House, 1600 Pennsylvania Ae. NW, Washington DC, 20500

Senator Richard Durbin

Senator Mark Kirk

Your representative

The press in your community and nationally.

If you’re in Chicago, come to my trials ( I have been arrested 5 times illegally in 2009 for the above type nonsense without probable cause). Watch my blog: http://drlindashelton.wordpress.com/ for court dates. If possible donate to my legal fund.  I am now indigent,  as a result of fighting for our Constitutional rights and catastrophic medical problems. Donations can be sent to:

Shelton Legal Fund,
C/O Albukerk & Associates,
Albukerk & Associates
1450 W. Randolph
Chicago IL 60607

773 847-2600

PLEASE, MOST IMPORTANTLY, HELP RAISE GRASS ROOTS AWARENESS OF THE ATROCIOUS VIOLATION OF CIVIL RIGHTS IN COOK COUNTY AND ILLINOIS THAT I HAVE DOCUMENTED ON THIS AND MY OTHER WEB SITES THAT YOU CAN ACCESS THROUGH LINKS ON THIS WEB SITE.    COPY MY WRITINGS AND POST THEM ANYWAY YOU WANT.    THANK YOU FOR YOUR ASSISTANCE!!

Deputy Cook County Sheriffs Rebecca Doran and Maureen Caliendo falsely alleged I battered deputy Doran when she actually battered me, falsely arrested me, and was maliciously prosecuting me from 2002-2005. Assistant States Attorneys Jaime Smith and Jaime Voigt on behalf of then Cook County States Attorney Richard Divine suborned their perjury when they flat out lied on the witness stand at trial.

Judge James L. Rhodes, on August 23, 2005, at trial at the Markham courthouse fortunately saw through their lies and made a finding of not guilty in response to my motion to dismiss for failing to prove their case beyond a reasonable doubt at the end of the State’s case in chief and before I put on any witnesses. I had asked for a bench trial [no jury].

Then SA Devine was informed of their perjury, given the evidence, and refused to prosecute them. I have now, in March 2009 informed the new SA Alvarez of their  perjury and she probably won’t do anything because the three year statute of limitations for prosecuting them has passed and there is no evidence that she won’t continue to cover-up criminal conduct of deputies who commit perjury.

I am hopeful the U.S. Attorney will indict them as the federal statute of limitations for felony violationn of civil rights under color of law is five years. I have told the FBI recently of this incident.

I was falsely charged with aggravated battery of an officer, when on October 22, 2002, I went to Bridgeview courthouse and was attacked by Deputy Doran when I walked through the security entrance. I had gone to the courthouse to appear in a courtroom with a large briefcase carrying heavy papers on a luggage cart. The deputies knew that I had pending accusations against other Sheriff deputies for misconduct and that I had evidence of corruption against other county officials. They knew I had serious medical problems as I walked with a cane and collapsed twice previously at the entrance, causing them to call an ambulance.

I am disabled due to spinal cord injury and other medical  problems and walk with a cane. A week before this incident I had herniated a disc and was told by the doctor not to lift anything more than 5 or so lbs.

When attempting to enter the courthouse I complied with security procedures, but told Deputy Doran and her partner Deputy Caliendo, that I was disabled and unable to lift my briefcase up on the table to be scanned throught the X-ray machine. Deputy Doran said “I’m not your slave,” and “you can’t come in unless you put your bag on the table.”  Everybody standing in line backed off a bit because they talked loud and hostile, so I didn’t want to ask anyone to assist me and put the wrath of the deputies against anyone assisting me.

I simply, firmly, and politely, at least three times, told the deputies that the Americans with Disabilities Act REQUIRES them to assist the disabled and modify their procedures. They firmly refused to assist. I was required to be in court, so I had no choice but to try to come in. I did not have my cell phone with me so I could not call my standby public defender or the judge to assist me. Therefore, I told the deputies I would leave my bag at the entrance and go up and ask the judge to order the bag be brought up to the courtroom. The deputies would not allow me to leave my bag at the entrance. So, I told them I was coming through the magnetometer and they could then assist in lifting the bag up closer to the X-ray machine.

When I walked throught he magnetometer, Deputy Doran pushed both my shoulders firmly causing me to lose my balance while starting to fall backwards. [This was an aggravated battery of a handicapped person and a violation of the Americans with Disabilities Act] At that point my arms started to flail a bit to get my balance and I saw Deputy Doran raise her right arm as if she was going to hit me so I raised my right arm to block the blow. I had my keys in my right hand that I had removed from the basket I put them in and when she hit my arm she scrapped her inner arm on my keys and received a 2 mm X 3 mm abrasion and a 1 ” red mark on her arm (per ER report).

Then I felt dizzy and blacked out for a few moments. This is not unusual for me as I suffer from some medical problems and this has happened before. (I suffer from a heart condition called malignant neurocardiogenic syncope which causes me to briefly lose consciousness and go into a brief 20-60 sec cardiac arrest,or when stressed to briefly gray out – CPR has been started on me five times including by a State Trooper in the Thompson Center who received an award for saving my life in 2007) The next thing I remember is being about 10 ‘ away from the magnetometer next to a glass wall with deputies surrounding me, my elbows painfully squeezed together firmly behind my back and someone yelling “do you want to charge her,” and then hearing “yes,” and “cuff her.”

At trial on August 23,2005 Deputy Doran and Deputy Caliendo committed perjury as follows quoted directly from the trial transcript:

Q What happened”

DORAN … I asked her to remove her keys and cell phone out of her bag and empty out her pockets into the basket and then to place her bag on the table so it could be screened.

Q And did she do that?

DORAN No.

Q Tell the Court what happened.

DORAN She said that she wanted me to come around and pick up her bag to put on the x-ray machine.

Q … what did you do next?

DORAN I said that’s not our policy, that she needed to do that….

Q After you had that conversation with her, what happened next?

DORAN She became very irate. She started screaming that she wasn’t — that I had to come and do it or she wasn’t — uhm, or she was not going to put her bag on the table herself….I told her that –she said she wasn’t going to get her bag, I said: Then you can’t come in the building….

Q And after she told you she was going to come in anyway, what did she do?

DORAN I said that she could not. And she started, proceeded to grab her cart and to start walking towards the magnetometer….I just stood in the entryway….I just placed myself to block that area so that she would not illegally gain access to the court house….

Q Did you make physical contact with her at any time?

DORAN I did. After she initially made contact with me by trying to push past me.

Q Explain to the Court exactly how she did that?

DORAN She proceeded to insist that she was coming through. I kept telling her: Back up, and she was not coming through until she was searched, and blocked her way through; and she was pushing me.

Q How many times would you say she pushed you?

DORAN It was for at least a minute….I placed my arms up [indicating folding her arms in front of her like a football player] ….

Q What happented next?

DORAN …. Finally, I was able to remove her or just push her backwards, I guess to so to speak, to get her out of the magnetometer by starting to walk while I was blocking, I guess, to walk her backwards to get her out of the magnetometer….I was on the public side….I had her backed onto the glass partition….I got her out and I had taken a step back, and she started swinging….flailing her arms at me with an open fist, making contact with me….

Q Where did she strike you?

DORAN In the arm. Both arms….five or six times….

Q Up to this point, did she ever complain about any physical problems that she may have had?

DORAN No….

Photographs introduced in evidence with a grinning and nearly laughing Deputy Doran showing the inside of her arms, which revealed a pin point red area near the elbow. [ER report said there was a 2 mm X 3 mm abrasion.  The judge took off his glasses and said he had difficulty seeing any injury in the picture.

Q BY SHELTON You stated that I was not walking with a cane.

DORAN Not that I'm aware of, no....

Q BY SHELTON Deputy Doran, could you identify what kind of form this is?

DORAN It's a Court Services Department property inventory sheet....[pertaining to prisoner Shelton dated 10/22/02]….

Q BY SHELTON Can you state what it says uinder “miscellaneous” is the first item inventoried?

DORAN Cane….

Q BY SHELTON Did I tell you that it was a violation of the Americans with Disabilities Act not to assist a handicapped person?

DORAN No.

Q BY SHELTON Did I tell you that it could be a criminal act of your not to assist a person?

DORAN No, you didn’t….

Q BY SHELTON Deputy, did I place my keys and gold medal in the basket after you requested me to put objects in the basket?

DORAN Yes.

Q BY SHELTON Deputy, would you say that was an attempt to comply with your order to participate in screening?

DORAN It started off to be….

QUESTIONS TO DEPUTY CALIENDO:

Q [As she was coming through the front door] Did the defendant have anything with her when you saw her coming through the door?

CALIENDO Yes, she did….a carrier with a brief case….pulled along with her….Becky advised her that we do not put any type of cases on the table, that she would have do it herself.

Q Did the defendant then comply with the deputy’s request?

CALIENDO No….She got very aggravated, refused to put it on the table….she told Deputy Doran that she was coming in no matter what….

Q What did the defendant do when Deputy Doran stepped inside the magnetomer?

CALIENDO ….she began pushing Deputy Doran….leaning up against her….After a minute or so, then she started swinging her arms at her and striking Deputy Doran….

Q ….was the defendant placed under arrest?

CALIENDO Yes….

Q BY SHELTON Deputy Caliendo, were you aware of any medical problems that I had at the time?

CALIENDO No, I was not.

Q BY SHELTON ….did you notice a cane?

CALIENDO No, I did not….

Q BY SHELTON Under “miscellaneous,” [on the prisoner inventory form] could you pleas read the first possession that was inventoried?

CALIENDO Cane….

Q BY SHELTON Deputy, when I came to the security entrance, Deputy Doran asked me to put things in the basket. Did I put anything in the basket?

CALIENDO I don’t recall….

Q BY SHELTON You recall me telling you that I have back injuries and I cannot or I would permanently injury myself?

CALIENDO No.

Q BY SHELTON Do you recall me telling you that it’s a violation of the American with Disabilities Act not to help a handicapped person?

CALIENDO No, I do not….

Q BY SHELTON On previous occasions where I collapsed at the security entrance and — several previous occasions I think there were two, where an ambulance were called, were you involved in those incidents?….

CALIENDO Yes, I was….I believe I was present at one of them.

ARGUMENT BY SHELTON FOR A DIRECTED FINDING OF NOT GUILTY

I would ask or a directed finding of not guilty. Both of these deputies don’t remember a cane when – - I mean, they’re not credible witnesses. The inventory report shows a cane.

Both these deputies, one of them said, I believe Doran, that I put my keys, my gold medal, in the basket. The other one doesn’t remember it….

Both deputies said they were unaware of any problems. Then Deputy Caliendo said, oh, she was there when I had an asthma attack and an ambulance had to be called. They both seemed to have selective memories. I believe they have not proved their case beyond a reasonable doubt. I think that alone is enough to show that the testimony may not be completely credible….I am clearly handicapped….

JUDGE JAMES RHODES

Well, taking this case in the light most favorable to the State, the Officer says she stood like this, with her arms [indicating folded arms in front of her]. One photo shows no injury to the arm. Now, whether it was this way or this way; but the point being, that the other one said she was doing something with her hands and that it looked like she was swinging; but the photographs and the testimony seem inconsistent.

If the cut is over here, [indicating inside elbow]….standing like this with her arms, and that’s the testimony [arms folded in front of her].

One thing is clear, that if you can wave a wand on a shoe and tell that there’s metal, then you can wave it at a brief case and tell if there’s metal in there. So if you could walk to the metal detector that detects metal, that’s kind of hard to understand why they didn’t just say; Well, walk in here and then we’ll be able to search this bag without exposing our weapons to the public or anything else. I don’t understand why they wouldn’t do this with somebody walking with a cane.

Further, they were thoroughly impeached on the cane issue. They have an inventory for a cane. And they’re saying she just walked normally and perfectly fine, she didn’t have a cane. Ant they inventoried the cane.

So , in the light most favorable to the State,  the witnesses were thoroughly impeached, and there will be a finding of not guilty.

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Deputies Doran and Caliendo were supervised by Sgt. Patricia McCollum. They were all supervised by Assistant Chief Kevin Lyons. I believe that Sgt. McCollum and A/C Lyons helped devise the lies told on the stand by Deputies Doran and Caliendo.

I believe Deputies Doran and Caliendo, Sgt. McCollum, and A/C Lyons, along with ASAs Smith and Jamie Voigt should all be charged and convicted of subornation of perjury, falsification of records, official misconduct, conspiracy to violate federal civil rights under color of law, and violation of federal civil rights under color of law. If it is beyond the State statute of limitations of three years for felonies, then the U.S. Attorney should prosecute this case as the federal statute of limitations, I believe, is five years.