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Dr. Linda Shelton found not guilty due to perjury by Deputies Rebecca Doran and Maureen Caliendo

with 5 comments

For a transcript of the trial: State of Illinois v. Linda Shelton, case number 02 CR 28530 where Dr. Shelton was falsely arrested for battery of deputy sheriff Rebecca Doran and was found NOT guilty click here.  Note despite clear evidence of perjury by Deputy Sheriff Rebecca Doran, she was never arrested. Past Cook County Sheriff Sheahan and present Sheriff Dart have ignored this blatant perjury, as did past Cook County State’s Attorney Richard Devine and present States Attorney Anita Alvarez (who was in charge of the division prosecuting official misconduct at the time).  The FBI has been informed and has done NOTHING!  This illustrates the “Myth of American Justice“!

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. [Update 11/23/12 – was hopeful – FBI has done NOTHING yet is fully informed – I’ve discovered there are a joke and cover up more corruption in Illinois of officials and police than they prosecute -they prosecute scapegoats – low hanging fruit like Blagojevic and Ryan – NEVER the big wigs behind the scene like former Gov. Jim Thompson and his buddies like former U.S. Attorney Dan Webb. Note Thompson was Director of the CIA oversight committee appointed by Bush 1 and a member of 911 commission appointedf  by Bush 2 – in Illinois corruption is not Democrat or Republican but is a cabal of corruption involving members of both parties, especially the Burkes, the Madigans, and other inherited Lordships.]

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.

_________________

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.

5 Responses

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  1. […] https://cookcountysheriffdeputies.wordpress.com/2009/06/06/deputy-rebecca-doran-deputy-maureen-calien… During trial, Hon. Judge Rhodes was fair, listened intently to both sides, weighed the evidence carefully, was intellectually honest, exhibited an impressive ability to see the whole picture, displayed an excellent fund of knowledge about the law, had a calm and reassuring demeanor, kept excellent control of the trial and his courtroom, and asked appropriate questions of the witnesses even when the State or defense failed to ask such questions, in order to clarify the facts. I highly recommend him as a judge and believe he should be promoted to a position of authority. […]

  2. This interesting i was falsely arrested by sgt mccolloum to recently last year,followed & told come here im gonna kick your ass mofo,followed me and said everything i said to his supervisors(assaulter) macowiak.im not a surgery candidate and nothing!! No governing body has helped me.and i have solidified evidence.the state of illinois is a crying shame,all the attorney (gees im in pain)generals,illinois human rights is a fraud,the governor,states attorney should be fired.dnt get me staarted on otha bodies.

    z.dunn

    June 3, 2013 at 8:58 am

  3. I am disabled and was attacked by all white sheriffs with rank sgt mccollom was present and she a mofo.same courthouse different procedure i was Threatened then mauled for no reason july 2012 i pled telling sheriffs i was not well i was disabked to no avail.i lov the illinois tolerance for abuse and fraud when the government workers commit heinous crimes unlawfuly and illegaly. Fu$k this state obama politics our senators fu@k the ccounty sheriffs for being criminals.

    z dunn

    September 25, 2013 at 5:51 am


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