Posts Tagged ‘Malicious Prosecution’
Sheriff Deputies Assault Dr. Shelton – Interfere with Service IL Supreme Court Documents
I was going to the Daley Center to serve IL SUPREME COURT process, copies of motions for supervisory orders to Judge Maddux, Judge Evans, Dorothy Brown, etc., regarding their RICO violations. When I entered through security, AFTER I had successfully passed through security, a deputy, Angela Dobson badge 11196, grabbed my walker and wouldn’t let me proceed upstairs. I clearly stated loudly so everyone could hear me “stop assaulting me”. Legally this is an assault and battery, because unwanted touching of even an extension of a person (in this case my walker which I use due to a partial right hemiparesis, spinal cord injury, and loss of balance) is battery. The deputy stated I had to wait for an escort. The Sheriff staff had been harassing me for more than three (3) months every time I came in the Daley Center saying I had to be “escorted” but refusing to provide any written order for such or reason for doing so.
In retaliation for my whistle blowing, in that I have turned over evidence of criminal acts by Sheriff staff, the Sheriff courtroom services have been illegally stating that I have to be “escorted” around the Daley Center, when I go there for any reason. This is felony harassment of a federal witness, as I have turned over evidence of criminal conduct of Sheriff Dart, Sheriff Sheahan, and Sheriff staff to the FBI. It is also official misconduct, felony violation of civil rights under color of law, felony conspiracy to violate rights under color of law, felony retaliation against a witness, felony interference with the exercise of constitutional rights, felony theft of honest services, excessive force, assault and battery, maybe violation of the Americans with Disabilities Act, and maybe even felony sedicious conspiracy against the United States.
I stated there was no order for an escort. I demanded written proof of an order and of course they didn’t produce any. They have never produced any. I clearly stated to all the deputies surrounding me that they were committing a federal felony crime – harassment of a federal witness against Sheriff staff, official misconduct, violation of civil rights under color of law, conspiracy to violate civil rights, etc., and were committing the Illinois crimes of interference with service of process and assault and battery. I told them all they would be sued and have to explain their criminal acts to a federal judge. I repeatedly told this to every officer who followed me or harassed me since this harassment began months ago.
I told them they were causing a disturbance, being disorderly, and interfering with my legitimate business in the building. A deputy said I had to leave the building because I was causing a disturbance. I told them no I don’t have to leave the building and they had no authority to assault me, harass me, make a scene, and then order me to leave the building. This is entrapment, defamation, and assault and battery. They then grabbed me. I thought they were forcibly going to throw me out of the building – which they have done before.
I did verbally continually protest. They simply grabbed my walker away from me and grabbed me, handcuffed me, and I continually said I would not condone their criminal acts of assault and battery, etc. As they were grabbing me and handcuffing me, they said that I was under arrest. They took me down to the lock-up. I refused to sign any documents except for the bond slip and refused to answer any of their questions. I continually told them I would kick their ass legally in federal court with suits for their misconduct.
Many deputies and members of the public, including lawyers, witnessed the assault on me on the first floor between the West side security entrance and the elevators. Ed Carik, “security for the Daley Center” working for “NB Real Estate” came up to me as I was being assaulted and said that I had to do whatever the deputies told me including leave the building. I said “who are you” and he stated the above. I told him I don’t have to follow illegal orders of the deputies and submit to assault.
In the lock-up the deputies put me in a cell and searched me and assisted me in using the facilities because I was dizzy and had trouble getting up from sitting. I have had increasing difficulty with dizziness lately due to neurological disorder and after this incident have changed my medications and I’m doing a little better. I was becoming overheated (I’m also having a lot of trouble lately with hot flashes – I had to stop hormonal therapy for this because of the danger of it inducing the hemiplegic migraines I suffer from which can lead to stroke) even though there was a fan outside the cell and they were quite rude in not giving me water to drink except for a tiny cup of water. The fountain in the cell sink didn’t work well. Deputy Soto 11086 was there as she is the lock-up officer and had seen me go down there before and called an ambulance in the past. She had poured cold water on me at my request in the past when I got overheated and was passing out. Other deputies whose names I don’t know were there .
Sgt. Griffin, badge number 1048, came to the door of the cell. A deputy was sitting between me and Griffin. Griffin, astout fat black woman was being nasty as usual. She always has a smile with a smerk. She has a sadistic streak in her personality and will exagerate and make up false statements whenever possible. I told her the arrest was unlawful, they were committing crimes as I detailed to her the same as what I said above, and that she would have a lot of explaining to do in federal court. I said I would “kick her ass in federal court” and she would be held accountable by the court. She immediately said, “now I got you on assault” and I immediately responded “no I didn’t assault you, I’m telling you the truth that you will be in trouble in federal court because I will legally kick your ass.”
In the lock-up it was rather warm and they were using a fan. They handcuffed me in front and put me in the back of a squad car in the basement to transport me to the Maywood Sheriff’s lock-up for processing. The squad car must have been sitting outside during this very hot day as the back seat was like an oven. With the plastic shield between the front and back and only a little screen opening between them, I was getting very little air conditioning. I don’t sweat much because of congenital nerve injuries. This causes a life-threatening condition where I easily get heat exhaustion and then heat stroke. I also have a serious fainting problem where I go into cardiac arrest for up to 60 seconds and a problem with flashbacks (post-traumatic-stress disorder) when I feel I am suffocating (I was previously attacked, tied down, and suffocated). This made me overheat along with having a hot flash. I became very anxious and panicked thinking I was suffocating, pleading and crying that I could not tolerate this and could pass out and go into cardiac arrest (which has happened in the past). I removed as many clothes as possible in a panic because Iwas so hot and feeling like I was suffocating.
I unsuccessfully tried my best to meditate through this and remain calm, trying to think about the advice given to me by a psychiatrist during treatment for PTSD. During a flashback, a person is in an altered state of consiousness, like a dream, reliving the life-threatening and terrorizing incident that induced the PTSD. I started going into flashbacks where I though I was suffocating and ripped off my clothes. I was so extremely panicked and anxious that I got out of the handcuffs. I screamed that I couldn’t breath and was short of breath. I screamed repeatedly – “help me, help me, I can’t tolerate this, I have medical problems, I can’t breathe”. Then during periods of being a little lucid I cried and screamed to please poor cold water on me, that I felt like I couldn’t breathe. The deputies in the car, a man and woman, were verbally very abusive and didn’t help at all, but did not drive off and instead went and got a supervisor.
Heat stroke is a life-threatening condition where you can’t control your temperature and it starts going up, you stop sweating and you die. It is preceded by heat exhaustion. People who take certain medications that interfere with sweating or who have spinal cord injuries like I do cannot sweat well and go into heat stroke more easily. The person starts feeling nauseated, uncomfortable, like they are smothering, and is very uncomfortable in indescribable ways. Imagine feeling you are sealed in a hot coffin with no air and you are dying. The ER report from Northwestern shows that AFTER cold water was poured on me, AFTER I was transported to the ER by ambulance, AFTER I was in the air-conditioned ER for three hours, my temperature was 100.9 (fever) – obviously it was likely much higher prior to this point in time. This was absolute medical neglect to not admit me and give me lots of cool fluids to drink, even involuntarily if necessary as there was a danger this was heat stroke or the deadly neuroleptic malignant syndrome. This is absolute proof I was suffering early heat stroke and this was very dangerous. Unfortunately the ER docs were jerks, injected me with psychotropic drugs assuming I was crazy, didn’t treat anything, and released me even with a fever – the drugs making me even more anxious, dizzy, and confused. I am suing Northwestern for medical battery and for willful indifference to medical needs in aiding and abetting the abuse by the Sheriff.
Besides heat stroke, which can have serious complications including death, and requires admission – usually to the ICU - for at least observation, Haldol® has a serious complication called neuroleptic malignant syndrome, which is a hypermetabolic state that kills 30 % of its victims. The symptoms are fever after injection, high pulse, respiratory rate and blood pressure, confusion, agitation, increased white cell count, muscle rigidity. I had all these symptoms except muscle rigidity. The drugs didn’t sedate me but caused increased agitation.
Deputy Soto came out and let me dangle my legs out of the car and poured several glasses of cold water over me which got me back into reality and I clung on to her and cried and asked her to protect me because I didn’t want to pass out, while they applied a belly chain, stating that a belly chain made the feeling worse as I couldn’t push my hands out in front to prop my shoulders up, and told her I had flashbacks. Then they took me back into the lock-up cell, allowed me to get dressed and poured more water on me. Finally they took me to Northwestern by ambulance telling them FALSELY that I was crazy, attacked an officer and a paramedic, was spitting on everyone, and was arrested because I refused to be escorted in the Daley Center and had a history of serious mental illness. The only mental illness I ever suffered from was PTSD induced by attacks on me and mild depression. Their statements were grossly defamatory.
(People in respiratory distress “tripod” in that they feel compelled to put their hands in front against something so that they can push their shoulders up, elevating the top of the lungs, which increases lung volume and makes them feel less short of breath. Asthmatics have to do this during an asthma attack – they have to lean forward and push shoulders up or they feel like they are smothering)
In the ambulance, I was in and out of flashbacks, really freaking out by this time due to feelings of suffocation, overheating, and feeling like I was dying, while being forced to sit back while fully restrained. I went completely out not knowing where I was and in kind of a shock like state several times, several times I remember seeing (in a dream like state) a former attacker, Sgt. Anthony Salemi, attack me and choke me (I realized these were flashbacks after I came out of it). I apparently was violently struggling to sit up and get out of the handcuffs (probably to lean forward and tripod) like a FOX chewing his leg off to get out of the trap as a last resort to save life. I’m surprised my hands were not more damaged – just a lot of bruising and a scrapes.
At the Northwestern Memorial Hospital ER I wouldn’t let anyone do anything, was screaming to “get off of me and don’t touch me” per the ER report. They injected me with Haldol® and Ativan® (psychotropic drugs used to sedate people and as a chemical strait jacket) which made me go into mild respiratory distress and become more agitated and dis-inhibited. Haldol® is contraindicated in people with laryngospasm like me – I have a severe asthma condition due to an accident where I was overcome by gasoline fumes. (I have adverse and paradoxical reactions to these drugs previously documented by them in a previous episode of medical battery and violation of mental health laws, when I didn’t need sedation, was wrongfully defamed by police, and which has resulted in a pending suit against Northwestern Memorial Hospital. Northwestern has this in their computer under my name.) I started acting in self-defense by stating I would “tear up the hospital” and began pushing on the bed rails trying to break them and tearing up the sheets and anything on the bed despite being handcuffed. I was “moving all around the bed” in a very agitated and panicked irrational state due to the affects of the illegally injected drugs which dis-inhibit a person and due to the flashbacks of being attacked and choked.
I refused to let them put an oxygen mask on me or treat me with a nebulized medication as I was in my mind fighting off being choked and suffocated. Every time they came at me with a mask if felt like Sgt. Salemi was choking me. I cried and kept pleading with them to let my hands loose enough so that I could lean forward and tripod. I was terrorized badly. They refused and just changed the cuffs to full medical restraints tightly tied to the bed. They refused to instruct the officers to release my hands except for handcuffing one to a railing, as is normally done with prisoners in ERs. They violated the mental health laws in being so aggressive with me instead of backing off and asking what the problem was and what I needed, or listening to my pleas that I had to put my hands in front of me and tripod, or simply as the law required put me into a secure seclusion room prior to trying restraints or drugs to calm me down. They did nothing except forcibly tightly tie me down, attack me with injections of psychotropic drugs, and draw blood, and then released me 3 hours later back to the Sheriff’s custody. Medical personal are not legally allowed to give forced injections of drugs or tie a person down unless they are an IMMEDIATE danger to their own life or to other’s lives. Delusions, uncooperativeness, screaming, arguing, are not legal reasons to do this. Medical personnel, by law, are required to try secluding a person in a safe room, to allow the person to call family members and a lawyer, to give a person fluids and food as needed, to allow a person to use a bathroom as needed, and obtain consent from a person before giving them drugs, unless they are an IMMEDIATE, REAL, and APPARENT danger to themselves or others. I clearly did not meet these criteria, and if they had given me cool water, allowed me to tripod, and simply backed-off and listened to me, instead of ignoring my concerns and treating me like an excapee form a mental hospital with disgust, disdain, and arrogance.
It is grotesque and unethical for ER personnel to only listen to officers who have no more than a high school education and a few months of training, concerning a patient’s medical history, behavior, and symptoms, while ignoring the patient. Officers are very biased against prisoners, especially prisoners who have been unlawfully arrested and are federal witnesses agaisnt the criminal conduct of their colleagues.
The deputies then transported me by squad car to the Maywood Sheriff’s lock-up for processing and eventual release. There I was processed and released and I took a taxi to the Grant Park garage. This was crazy as I was suffering complications of Haldol® and Ativan® including agitation, akathisia (a sense of having to keep moving – can’t sit or lay down except for short times). It was dangerous for me to drive as by then I was very dizzy having not taken my medications (felt like sea sick with intense vertigo) and was a bit confused and unable to think real clearly due to the illegally given drugs. I got home and the home health aide who helps me take care of my Dad, and Dad noticed my odd behavior of walking around and not able to sit long, flopping down onto the floor dizzy on and off, unable to think clearly, agitated and panicked. Eventually I remembered that Benadryl® was an antidote to the Haldol® complications and the aide went to the store and got some. I had to take it for several days to control the complications, and it made me drowsy. The aide and Dad had to keep asking me not to go anywhere or drive because it was dangerous. It was very negligent of Northwestern to inject me with such drugs and then release me so that I could drive alone. People given powerful sedatives should not be left alone for the next day or so.
I called the next day to the lock-up and told Soto or another lady who answered that my IL Supreme Court documents had not been returned to me. She said she would look for them. I later received a call that they were found.
A friend later called Lt. Prescott 512 and complained that I was being followed around the building illegally and that my IL Supreme Court documents had not been returned to me. Lt. Prescott said they would no longer follow me and I should return and pick up my documents. A few days later I went and got the documents from her and then served them on the judges and Dorothy Brown. Lt. Prescott confirmed they were no longer going to follow me around or prohibit me from entering the building. She confirmed that there were no written orders to follow me around the building.
I have now been charged with resisting arrest, trespass to state supported land, disorderly conduct, and Assault. Anyone who wishes to help me and support me can donate funds to pay for legal fees at: Shelton legal fund, Albukerk & Associates, 3025 W 26th St. 2nd Floor, Chicago, IL 60625 or can e-mail me for dates and time of court hearings and trial at: picepil@aol.com. The FBI is being informed and I will file a civil rights suit for unlawful arrest, malicious prosecution, assault and battery, emotional distress, etc. I will also file a suit against Northwestern Memorial Hospital for medical battery, aiding will indifference to medical need, violation of civil rights (1983 civil rights action), violation of mental health laws (per se negligence), etc. Next Court hearing is at 555 W. Harrison, courtroom 304, at 1:30 pm on September 21, 2009. This is a pre-trial status hearing.
Sheriff Dart’s Felony Crimes
Sheriff Dart’s Cook County Sheriff Courtroom Deputies have been instructed to harass pro se litigants who make complaints against judges, including making unlawful arrests; instructed to refuse to enforce the law when these litigants try to make complaints; instructed to actively aid and abet criminal conduct of officials such as Judge William Maddux and Court Clerk Dorothy Brown’s staff. See the following links – which is the tip of the iceberg. More to follow.
Judges who get annoyed with legitimate complaints by pro se litigants (who are also FBI informants in several cases against corrupt judges) complain to the Sheriff staff, purposely to harass these witnesses against them. The Sheriff staff has investigated these complaints and have found them unfounded. Yet Sheriff Dart’s staff, particularly by and through the extremely corrupt criminal Assistant Chief Sheriff Nolan, who is director of courtroom security at the Daley Center, and Sheriff Dart’s counsel, Peter Kramer, have instructed the Sheriff staff to harass the following federal witnesses against the Sheriff and corrupt judges – Sheila Mannix, Karen Mehringer, Jarie Szczypta, Linda Shelton, Robert More, April Tyler, Lynn Drabik, and Mary Richards, among other persons.
The Sheriff staff specifically harasses these people and attempts to interfere with their First Amendment Right to Redress of Grievances by, without judicial order and without written notification to these persons, ordering his staff to “escort them around the Daley Center”, staying within a few feet most of the time and always in eye contact, arrest them if they go behind the courtrooms to the judges secretary or law clerk, even if they have legitimate business as pro se counsel to reschedule hearings, file routine motions, or deliver courtesy copies, not to give the names of ANY employees in the Daley Center including the law clerks, not to enforce the laws (such as the statute that requires prompt delivery of orders on indigency petitions to pro se indigent litigants), stand near them with more than the usual one deputy in a courtroom during all hearings which publicly defames them as dangerous individuals, and to impede these persons access to the Daley Center at all times if a deputy is not immediately available by such acts as rescanning already scanned items at the security entrance, grabbing and holding onto Shelton’s walker to impede her movement, taking a longer and slower time to search their belongings at security entrances.
This amounts to using Sheriff staff without authority of law for criminal purposes – felony theft of honest services. It is a felony civil rights violation as is any purposeful act that interferes with a person’s First Amendment right to redress of grievances, or so chills their ability to exercise their constitutional rights. It is felony harassment of a federal witness. It is official misconduct. It is the tortuous act of interference with the exercise of one’s constitutional rights.
The FBI has been so informed. I strongly recommend that any deputies who are forced by orders of their superiors to obey such illegal orders, thus are committing felony acts, go ASAP to the FBI at 2111 W Roosevelt Rd. and ask for a duty agent. They should tell the DA, that they feel uncomfortable escorting these persons around the Daley Center without legal basis, but fear if they complain, they will lose their jobs. All of these deputies may be subpoenaed in civil rights suits and criminal cases againt the criminals in the Sheriff’s Office, Clerk’s Office, and the judge’s offices that are committing these crimes.
The Sheriff staff that have committed these criminal acts include: Assistant Chief William J. Nolan badge 202, Deputy H. Abruscato badge 11338, Deputy Fashingbauer badge 11327, Deputy Wanda Soto badge 11086, Deputy Jevtic badge 11168, Deputy Thomas badge 11044, Deputy Cunningham, Deputy Evans badge 1036, Deputy Reynolds badge 11346, Deputy Kong badge 11337, Deputy Escabar badge 10649, Deputy Dattulo badge 11286, Deputy Cano badge 11322, Lt. Prescott badge 512, Lt. Foster badge 526, Sgt. Boyd, Sgt. Johnson badge 105, and Sgt. Jennifer Griffith badge 1048.
Please contact Dr. Shelton and the FBI if you are also a victim of this RICO conspiracy. Send information via comments on this post.
Dr. Shelton Appeals Wrongful Conviction – Sgt. Salemi Attacked Her!
I have now filed my Illinois Appellate Court appeal of my wrongful conviction for aggravated battery of a correctional officer. Sgt. Anthony Salemi had attacked me, falsified his records, committed perjury, and with the help of Nifong-like prosecutorial misconduct of ASAs Andrew Dalkin and John Maher and extreme judicial misconduct by Judge Joseph Kazmierski, I was convicted and sentenced to two years in the Illinois Dept. of Corrections plus one year of mandatory supervised release.
I served the minimum 6 months and the full supervised release and was not able to appeal due to illegal conduct of staff at the Cook County Dept. of Corrections and Illinois Dept. of Corrections where I was held and due to damage to my health requiring several hospitalizations within the last year since my release on March 27, 2008 from prison. The damage to my health was a result of torture at the CCDOC and IDOC by ignorant, sociopathic, poorly trained officers and incompetent medical staff (with the exception of Dr. Baker). The social workers even told me they purposely were told not to allow me to use the law library. My medications were withheld in illegal acts of willful indifference to medical needs.
I have informed the FBI and asked them to prosecute for felony conspiracy to violate rights under color of law, etc.
I will never forget the comment to me at CCDOC by Sgt. Molevetti “We got you on one made charge so I can write anything I want and get you on another.” Officer Levy said the same thing. It appears that falsification of records is common practice at CCDOC. We need to take him down and jail him too!
As soon as I win this one, the mother of all civil rights suits will be filed against these creeps. Any officer who has aided and abetted this wrongful conviction is a target in my book to be arrested, removed as an officer, and jailed for felony conspiracy to violate rights under color of law under federal law.
I strongly suggest that ANY officer or CCDOC staff who has knowledge about this wrongful conviction march over to the FBI on Roosevelt Road, ask for a duty agent and confess and turn in the corupt officers and sergeants. The time is NOW to clean up the CCDOC and get rid of decayed and dead wood! If you don’t turn them in, you are part of the corruption and are condoning it! I have no sympathy for you!
You can read my appeal and the evidence of innocence and Sgt. Salemi’s guilt along with the incomptence of Inv. Sofus, as well as the prosecutorial misconduct at: http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009
Deputy Rebecca Doran, Deputy Maureen Caliendo, Sergeant Patricia McCollum, Assistant Chief Kevin Lyons
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.
