Category Archives: Here Comes The Judge

Judge Zina Cruse in Mission Impossible – Getting Elected for Circuit Judge in St. Clair County

My one-time  judge, jury, and executioner, Zina Cruse, is running for St. Clair County Circuit Judge. Nothing could be sweeter, in my opinion, because now she has exposed her soft-pink-underbelly to my wrath for her arrogant and  unlawful display in court on May 8, 2009 when she had me jailed for contempt when I refused to engage her insanity by entering a plea to a non-existent charge. You can read about that incident here.

Judge Cruse has succumbed to the allure of social media in furthering her  hopefully failed pursuit of a position on the bench that is also stained by the likes of Judge Brian Babka, Vincent Lopinot, and Robert LeChien.  She feels she is ready to be elevated from the position of Associate Circuit Judge to a full-blown Circuit Judge. I would agree, only in the sense that I find the paper trainee  hat she wears when banging the gavel completely unattractive, and a disservice to paper trainee hats. She has established herself on Facebook in both her professional capacity and her campaign. Her dedicated campaign website is here.

Now, do I hate Zina Cruse? No. I have only met her once, and the result of that encounter left me sitting in a cell for some 3 hours because I refused to answer a question that did not apply to the reason why I was in her court. I cannot, however, in good conscience sit quietly by why such a person seeks a position on the bench where she will either bully or terrorize others possessing less temerity than I, into pleading or  otherwise submitting themselves to punishment, undeserved. Judge Cruse did not take the time to engage me, investigate the facts, or otherwise pursue the truth as to why I was standing before her that day. Her arrogance and callousness is commonplace in many courtrooms where the uninformed and ignorant march dutifully before someone they probably believe cares little for the truth, but submit nonetheless in hopes of receiving lighter lashes than expected. I don’t care for the threat of lashes, I will stand my ground before bending a knee before anyone claiming to have any authority over me and no proof to support their claims.

There is an opinion published by the Illinois Supreme Court relating to a case where Zina Cruse was the presiding judge and improperly rescinded a statutory suspension of a driver’s license. A reading of the rule, which is fairly straightforward, would bar such a rescission under the circumstances presented on the record, yet Zina Cruse failed to apply a clear point of law to the case and rescinded the suspension. The State appealed and won. You can read the case here. Now, it is not uncommon for the Appellate Court to overturn lower court rulings, so I’m not saying Zina Cruse was targeted by the Appellate Court, but in my opinion, as a legal researcher, the point of law in this case is so clear and unequivocal that there should have never been a rescission in the first place. This speaks to, what I believe to be, Zina Cruse’s inattention to detail. In my case, I had an order dismissing a case, and no charge upon the record, yet Zina Cruse was adamant about me entering a plea when the court date was merely to show cause why I should not be held in contempt. I was there to show cause, that being, there was never jurisdiction proven which would then subject me to the authority of the court. Zina did not want to hear my “cause”, she only wanted me to plead to a fictional charge. As a result, she found me in contempt for me standing my ground and stating I was there only to show cause. That is where her brain disconnected and she ordered me jailed. Bad move, Ms. Cruse. Subsequently, that charge, which I was held in contempt for not entering a plea, was later found to be in error and dismissed.

Cruse is being opposed by Anne Keeley.  You can visit her website here. I have never met Ms. Keeley, but I know she has never had me jailed for disagreeing with her. That sums up the Democratic Party challengers, but there is a Republican in the mix as well. Her name is Laninya Carson, and she is a St. Clair County Associate Judge. She has been reported to have made some comments which endeared her to local Tea Party members at a forum held in Collinsville, Illinois recently. The Southern.com also did a write-up on her which you can read here. Now, am I a Tea Party’er? No. I am an Anarchist. The Tea Party clings to the notion that the Constitution is reverent and government, in some form, is necessary. I, of course, differ on both points and hold mankind to a much higher standard, but my peaceful philosophical beliefs are no threat to anyone other than government actors, and only then insofar as I do not seek refuge, protection, support, or other recognition from systems employing force to further an agenda. That said, in this imperfect world where a significant reduction in government will not happen over night, I have to say that Laninya Carson is the preferred choice for this position.

I feel a personal investment in keeping Ms. Cruse off of the bench, but would do the same for any of the other judges who have exhibited similar tendencies. I am no stranger to filing complaints with the Illinois  Judicial Inquiry Board, and even have an online form here for those who wish to do the same.

I will concede to this, if Ms. Cruse would contact me personally and apologize for her actions on May 8, 2009, I will likewise remove any negative posts on my site referencing her. I believe such an overture to be astronomical in odds, but to do so would be to exhibit more humility and respect than any other judge I’ve been involved with. Until I receive that apology, I will proceed as planned in hopes of informing others of her contempt for civility, respect, and accountability to the people who pay her salary. Being called into court does not confer guilt, and the State has a burden to meet before it can pass judgment or punishment on an accused. To treat the parade of unwitting citizens before her as rabble is of the lowest sort of character.

Doing a Google search, I found an online paper writing about Ms. Cruse’s election. The paper is The Southern.com

I am public and truthful about all my information, and will freely make available to the public anything which is challenged.

Ms. Cruse, you know where to reach me if you wish to make amends. I am not closed to forgiveness, but am resolute in holding those accountable who use violence or intimidation against others.

Zina Cruse Complaint Judicial Inquiry Board

If you are so inclined, please visit her campaign website at Zina Cruse for Circuit Judge .org

http://zinacruseforcircuitjudge.org/

                                            

You can also visit her campaign on Facebook here

https://www.facebook.com/pages/Zina-Cruse-for-Circuit-Judge/185074398250866

Her personal Facebook page is here

https://www.facebook.com/profile.php?id=100003202814635

 

Feel free to visit her pages and drop the url for this post on the page, along with this original post

http://markmccoy.com/wp/2010/05/17/a-day-in-hell-with-a-judge-called-zina-cruse/?preview=true&preview_id=29&preview_nonce=bdea4c5519

 

Ms. Cruse, I’ll be waiting.

 

Mark McCoy

 

Meet Ms. Cruse’s opposition, Laninya Carson. Good luck, Ms. Carson.

http://www.madisonrecord.com/news/173711-qa-st.-clair-county-associate-judge-laninya-cason-on-the-peoples-court

Photo courtesy the Madison County Record

Tagged , , , , ,

Judicial Inquiry Board Complaint Form

// <![CDATA[
//

  • State of Illinois Judicial Inquiry Board

    100 West Randolph Street

    Suite 14-500

    Chicago, Il 60601

    (312) 814-5554

    (800) 227-9429

    TDD (312) 814-1881

    FAX (312) 814-5719

    COMPLAINT AGAINST A JUDGE


  • Instructions:

    Please type or print all information. If you wish to provide documents to support your allegations, please attach copies of those documents. We cannot return documents. You must designate specifically the particular words, diagrams or pictures contained in any documentation submitted which substantiates your allegations. Documentation without the required designation will not be considered. The Board’s jurisdiction extends only to active Illinois Supreme Court Justices, Appellate Court Justices,
    and Circuit Court Judges. Return Complaint to the above address.  You may also submit other supporting documentation to
    judicialmisconduct@markmccoy.com

    You may download an actual copy of the form here:
    Illinois Judicial Inquiry Board Complaint Form

  • Your Name*


    First Name

    Last Name
  • Address*


    Street Address

    Street Address Line 2

    City

    State / Province

    Postal / Zip Code
     

    United States Country

  • Daytime Telephone


    Area Code

    Phone Number
  • Evening Telephone


    Area Code

    Phone Number
  • I have information of possible misconduct or disability on the part of the following Illinois judge:

  • First and Last Name of Judge*


    First Name

    Last Name
  • City and County*

  • Court Level*


    Supreme Court

    Appellate Court

    Circuit Court

  • STATEMENT OF FACT

  • 1. When and where did this happen?

  • List Dates, Times, and Location*

  • 2. If your information arises out of a court case, please answer these questions:

  • (a) What is the name and number of the case?

  • Case Name or Caption*

  • Case Number*

  • (b) What kind of case is it? (Please select one from the drop-down)

  • Case Type*

    Probate Domestic Relations Law Juvenile Small Claims Municipal Other: Please Specify Below
  • Other
  • (c) What is your relationship to the case?

  • Select One or Fill Out Below*

    Plaintiff/Petitioner Defendant/Respondent
  • Attorney for:
  • Witness for:
  • Other (please specify):
  • (d) If you were represented by an attorney in this matter at the time of the conduct of the Judge, please identify the attorney:

  • Attorney Name

    First Name

    Last Name
  • Attorney Address

    Street Address

    Street Address Line 2

    City

    State / Province

    Postal / Zip Code
     

    United States Country

  • Attorney Telephone Number


    Area Code

    Phone Number
  • (e) Identify any other attorney(s) who represented you or any person involved in the case:

  • Attorney Name

    First Name

    Last Name
  • Attorney Address

    Street Address

    Street Address Line 2

    City

    State / Province

    Postal / Zip Code
     

    United States Country

  • Attorney Telephone Number


    Area Code

    Phone Number
  • Attorney Represented:
  • Other Attorneys:
  • 3. List *documents that help support your information that the Judge has engaged in misconduct or has a disability, noting which ones you have attached:

  • List Documents and supporting information here:
  • If you have files you wish to submit for review please use the file upload option or email to judicialmisconduct@markmccoy.com
  • *NOTE: Documents will not be returned. Please send copies only. You must designate specifically the particular words, diagrams or pictures contained in any documentation submitted which substantiates your allegations. Documentation without the required designation will not be considered

  • 4. Identify, if you can, any other witnesses to the conduct of the Judge:

  • Witness Name

    First Name

    Last Name
  • Witness Address

    Street Address

    Street Address Line 2

    City

    State / Province

    Postal / Zip Code
     

    United States Country

  • Witness Telephone


    Area Code

    Phone Number
  • Other Witnesses
  • 5. Specify below the details of what the Judge did that you think constitutes misconduct or indicates disability: (Email or upload additional information/sheet if necessary).

  • Misconduct/Disability Details*

  • I understand that this does not constitute an official complaint with the Illinois Judicial Inquiry Board and is merely for the purpose of having my concerns forwarded to other interested parties for review and assistance. I also understand this form in no way binds me to an obligation of filing an actual complaint. I also understand this form will not be submitted to the Illinois Judicial Inquiry Board on my behalf. The information on this form may be published for informational purposes.

  • Acknowledgement*


    I have read and agree with the above stated conditions.
  • Submit Form


    Print Form

  • Should be Empty:

//

Judge José Longoria sentences mom for spanking her child.

This story, out of Corpus Christi, Texas, has gotten fairly decent attention, albeit has been misrepresented in a number of ways. Some of the headlines state the judge “convicted the mother” of spanking her child, when in-fact she pleaded guilty. The judge merely passed sentence. That said, the comments made by Judge Jose Longoria speak to an unreasonable and despotic man who is very fit to wear the dress and bang the gavel of just-us. I will not attempt to raise the judiciary to some level of respect of nobility by stating that such acts are beyond its imagination since this type of conduct is exactly what the judiciary was created for. Longoria merely did what the people allowed him to do by their either electing or otherwise supporting him. It is like blaming a wolf for devouring a sheep when it was yourselves who placed the wolf in the barnyard.

As I stated in posts to the story, here is the lesson taught by the State. They will teach you that you have no interest in your children other than what they give you. They will teach your children that they will find safety and security in us; and if, upon reaching an age which they determine is reasonable, will beat, torture, or jail your children for their disobedience. Parents are hereby declared, impotent and the State omnipotent. For whatever reason, Mrs. Gonzales pleaded guilty to the charges. She should have demanded a jury trial because as the prosecutor even admitted, there is no clear law that criminalizes the spanking of one’s own child.  Every now and then the government will bring absurd charges against people they believe sufficiently ignorant or intimidated as a litmus test for their arrogance. No longer does the law have to rely upon the written word where acts and prohibitions are clearly defined, they now resort to presumption and the arbitrary edicts of judges.

Benches throughout this country are polluted with men and women of such villainy and there is but little recourse but to either not avail yourself to their unjust system or know how to defend yourself. Short of someone sufficiently outraged and indignant at the abuse which oozes from their gavel withdrawing their allegiance to this system of abuse, I can see a time where solitary individuals will resort to skulking into a judge’s residence and spiriting them from the comfort and safety of their bed to be tortured or dismembered as a statement of exasperation and saturation.

Meanwhile, men such as Jose Longoria will continue to exploit ignorance and exercise tyranny over the timid and weak. He believes parents are not within their rights to discipline their own children by spanking, but I would dare say that when that child fails to submit to the will of the State, he would have nothing to say about police either Tasering, pepper spraying, cuffing, or beating that same child should it fall from the grace of one of the State’s agents. Such men are of the lowest sort and should be dealt with accordingly.

If you wish to reach out to Judge Longoria, here is information you may use on expressing whatever your opinion, hopefully that of outrage.

José Longoria (D)
State District Judge (Nueces)

Residential Information

JOSE  LONGORIA

5050 GREENBRIAR

CORPUS CHRISTI, TX 78413

(361) 992-2267

Entered Office: 01-01-2001

Term Ends: 12-31-2012
District: 214
General Information
Profession: Judge
Home Town: Corpus Christi
Birthdate: 03-02-1943
Contact and Phone Numbers
901 Leopard, Room 902
Corpus Christi, TX 78401
(361) 888-0463
Fax: (361) 888-3671
Contact via Email

General Contact for Nueces
901 Leopard, Room 303
Corpus Christi, TX 78401
(361) 888-0444
Fax: (361) 888-0445
Website
Contact via Email

 

The story follows:

Judge has harsh words for Mom before sentencing her for spanking her kid
Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a “pretty simple, straightforward spanking case.” They noted she didn’t use a belt or leave any bruises, just some red marks.

CORPUS CHRISTI, Texas (CBS) — A judge in Corpus Christi, Texas had some harsh words for a mother charged with spanking her own child before sentencing her to probation.

“You don’t spank children today,” said Judge Jose Longoria. “In the old days, maybe we got spanked, but there was a different quarrel. You don’t spank children.”

Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a “pretty simple, straightforward spanking case.” They noted she didn’t use a belt or leave any bruises, just some red marks.

As part of the plea deal, Gonzales will serve five years probation, during which time she’ll have to take parenting classes, follow CPS guidelines, and make a $50 payment to the Children’s Advocacy Center.

She was arrested back in December after the child’s paternal grandmother noticed red marks on the child’s rear end. The grandmother took the girl, who was two years-old at the time, to the hospital to be checked out.

Gonzales who doesn’t have custody of the child or her other two children, is trying to get them back, but until CPS feels she is ready the kids are living with their paternal grandmother.

 

Judge Jose Longoria sentences mom for spanking her child.

This story, out of Corpus Christi, Texas, has gotten fairly decent attention, albeit has been misrepresented in a number of ways. Some of the headlines state the judge “convicted the mother” of spanking her child, when in-fact she pleaded guilty. The judge merely passed sentence. That said, the comments made by Judge Jose Longoria speak to an unreasonable and despotic man who is very fit to wear the dress and bang the gavel of just-us. I will not attempt to raise the judiciary to some level of respect of nobility by stating that such acts are beyond its imagination since this type of conduct is exactly what the judiciary was created for. Longoria merely did what the people allowed him to do by their either electing or otherwise supporting him. It is like blaming a wolf for devouring a sheep when it was yourselves who placed the wolf in the barnyard.

As I stated in posts to the story, here is the lesson taught by the State. They will teach you that you have no interest in your children other than what they give you. They will teach your children that they will find safety and security in us; and if, upon reaching an age which they determine is reasonable, will beat, torture, or jail your children for their disobedience. Parents are hereby declared, impotent and the State omnipotent. For whatever reason, Mrs. Gonzales pleaded guilty to the charges. She should have demanded a jury trial because as the prosecutor even admitted, there is no clear law that criminalizes the spanking of one’s own child. ‚ Every now and then the government will bring absurd charges against people they believe sufficiently ignorant or intimidated as a litmus test for their arrogance. No longer does the law have to rely upon the written word where acts and prohibitions are clearly defined, they now resort to presumption and the arbitrary edicts of judges.

Benches throughout this country are polluted with men and women of such‚ villainy and there is but little recourse but to either not avail yourself to their unjust system or know how to defend yourself. Short of someone sufficiently outraged and indignant at the abuse which oozes from their gavel withdrawing their allegiance to this system of abuse, I can see a time where solitary individuals will resort to skulking into a judge’s residence and spiriting them from the comfort and safety of their bed to be tortured or dismembered as a statement of exasperation and saturation.

Meanwhile, men such as Jose Longoria will continue to exploit ignorance and exercise tyranny over the timid and weak. He believes parents are not within their rights to discipline their own children by spanking, but I would dare say that when that child fails to submit to the will of the State, he would have nothing to say about police either Tasering, pepper spraying, cuffing, or beating that same child should it fall from the grace of one of the State’s agents. Such men are of the lowest sort and should be dealt with accordingly.

If you wish to reach out to Judge Longoria, here is information you may use on expressing whatever your opinion, hopefully that of outrage.

Jose Longoria (D)
State District Judge (Nueces)

Residential Information

JOSE‚  LONGORIA

5050 GREENBRIAR

CORPUS CHRISTI, TX 78413

(361) 992-2267

Entered Office: 01-01-2001

Term Ends: 12-31-2012
District: 214
General Information
Profession: Judge
Home Town: Corpus Christi
Birthdate: 03-02-1943
Contact and Phone Numbers
901 Leopard, Room 902
Corpus Christi, TX 78401
(361) 888-0463
Fax: (361) 888-3671
Contact via Email

General Contact for Nueces
901 Leopard, Room 303
Corpus Christi, TX 78401
(361) 888-0444
Fax: (361) 888-0445
Website
Contact via Email

 

The story follows:

Judge has harsh words for Mom before sentencing her for spanking her kid
Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a “pretty simple, straightforward spanking case.” They noted she didn’t use a belt or leave any bruises, just some red marks.

CORPUS CHRISTI, Texas (CBS) — A judge in Corpus Christi, Texas had some harsh words for a mother charged with spanking her own child before sentencing her to probation.

“You don’t spank children today,” said Judge Jose Longoria. “In the old days, maybe we got spanked, but there was a different quarrel. You don’t spank children.”

Rosalina Gonzales had pleaded guilty to a felony charge of injury to a child for what prosecutors had described as a “pretty simple, straightforward spanking case.” They noted she didn’t use a belt or leave any bruises, just some red marks.

As part of the plea deal, Gonzales will serve five years probation, during which time she’ll have to take parenting classes, follow CPS guidelines, and make a $50 payment to the Children’s Advocacy Center.

She was arrested back in December after the child’s paternal grandmother noticed red marks on the child’s rear end. The grandmother took the girl, who was two years-old at the time, to the hospital to be checked out.

Gonzales who doesn’t have custody of the child or her other two children, is trying to get them back, but until CPS feels she is ready the kids are living with their paternal grandmother.

 

An ode to the audacious Jim Davidson and his US Marshall Detractors

A tip of the hat to the Libertarian Enterprise, and Jim Davidson for raising the ire of the US Marshalls Service by way of his post identifying despotic and thuggish black robbed malfeasants.

I am reposting with permission and credit where credit is due….oh yeah, and thank you Google!

Hiya fellas!

See also:

http://www.ncc-1776.org/USMarshals.html

THE LIBERTARIAN ENTERPRISE
585, August 29, 2010
“I have a fundamental human right not to be
stolen from. Or enslaved. And so do you.”

They’re Here…
…and Here, and Here
by Jim Davidson
jim@vertoro.com

Special to The Libertarian Enterprise

A three-judge panel, consisting of Diarmuid Fionntain O’Scannlain, N. Randy Smith, Circuit Judges, and Charles R. Wolle, Senior District Judge, voted in the case of U.S. v. Pineda-Moreno, No. 08-30385 that the DEA and other pigs are not expected to get a warrant to trespass on the private property of a driveway to attach a GPS device to someone’s vehicle and then follow that person’s movements.

You can read all their foolish ideas here (a .pdf file).

So, let’s find them, shall we? These nice men want you to know all about where they live, so you can attach a GPS device to their vehicles and follow them around. Or, come visit them with torches and pitchforks, or candle light vigils, or the like, one presumes.

First we go here: wikipedia.org/wiki/Diarmuid_O%27Scannlain

And we find out that Diarmuid has chambers in Portland, Oregon.

So, that’s a rare name, we visit Whitepages.com and find out sure enough there is a listing.

Diarmuid O Oscannlain
3919 SW Mount Adams Dr
Portland, OR 97239-1559
Household: Maura O Oscannlain, Caroline Mcdonough

So we stop by Google maps and find his home.

Satellite/aerial view shows that is a very nice house. Across the street, a car is parked on the street. Street view shows some lovely flowers out front, a nice two-story frame home. Gosh, a wood house. Someone who doesn’t believe in your reasonable expectation of privacy lives in a wood house.

It isn’t completely clear that there would be a driveway, or garage, for each of these houses. There is one just up the street, but I think that’s for another house on the hill. Anyway, it would be irony indeed if this despicable judge were parking on the street.

Norman Randy Smith is 60. N._Randy_Smith

It says there that he maintains a residence in Pocatello, Idaho.

And here that residence is:

Norman R Smith
420 Pebble Ln
Pocatello, ID 83204-3860
(208) 233-0733
Age: 60-64

Household: Ladean E Smith, Randy Smith,

[Map]

Pebble Lane has some very nice homes on it, all with garages. And is that a golf course behind the houses? Wow. Very swanky real estate. It must be nice to be a federal judge and get to stifle individual liberty.

It bears mentioning that “Smith” is a fairly common name, and this is not the only Randy Smith in Pocatello. So phone him up before you stop by.

Wolle was a bit harder to find. Visiting wikipedia you might think he was in Iowa. But it turns out that the part to notice is the National Judicial College, which is in Reno, Nevada. He seems to be this fellow, living nearby in Gardnerville.

Charles R Wolle
1030 Lakeside Dr
Gardnerville, NV 89460-9728
Age: 65+
Household: Thomas D Wolle, Susan M Wolle, Kerstin W Wolle

[Map]

Available aerial photo shows it to be a new development, near a golf course. I guess the water rights are in, but the irrigation isn’t complete. Say, you try growing a golf course in a desert. Heh. But, money galore, judging by the size of the house and the circular drive. Gee, I wonder if the son of a bitch parks in his driveway.

Anyway, there they are, the current crop of parasites in the government to assault your individual liberty. Their opinion was “rendered” back in January, but a larger panel of the 9th Circuit decided to affirm what they chose. I haven’t bothered to look for all those people. Do I have to do everything for you?

Best wishes for more freedom when these parasites get jobs in the private sector. Or, anyway, stop infesting your life.

If a bunch of cross-dressers want to attack individual liberty, to hell with them. Because to hell with them. That’s exactly as much eloquence as I can muster. I am not burning down their homes, I am not murdering them in their beds. And I am not advocating that any person ever do anything of the sort. But if it were to happen, who would mind? If they were individually and severally dying in a fire, I would not urinate on a single one of them to save their lives.

Like this? Why not pay the author!
Select amount then click “Donate Now”

Pay to Jim Davidson
jim@vertoro.com

Jim Davidson is an author, entrepreneur, and anti-war activist. His 1990 venture to offer a sweepstakes trip into space was destroyed by government action as was his free port and prospective space port in Somalia in 2001. His 2002-2007 venture in free market money and private stock exchange was destroyed by government action in 2007. He’s going to Mars if he has to walk. His second book, Being Sovereign is now availble from Lulu and Amazon. His third book Sovereign Self-Defense will be released for Kindle soon. His fourth book Being Libertarian will be available for free download as a .pdf, being a compilation of all his essays and letters in “The Libertarian Enterprise” since 1995. Contact him at indomitus.net or indsovu.com He and his associates at Individual Sovereign University are planning a series of concerts and celebrations of freedom around the world. One of these events is 4-6 March 2011 in Kansas City, Missouri.

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75-Year Prison Sentence for Taping the Police? The Absurd Laws That Criminalize Audio and Video Recording in America

Reprinting this article courtesy the original here

http://www.alternet.org/rights/149706/75-year_prison_sentence_for_taping_the_police_the_absurd_laws_that_criminalize_audio_and_video_recording_in_america

COMMENTARY BY MARK MCCOY:

What is being done to Michael Allison is nothing more than psychological terrorism directed towards anyone who would exhibit audacity in taping police. Government, and police in particular, cannot withstand documentation of their violent, public acts. They act illegally, immorally, and violently against people, using the so-called “law” as their justification. In reality, there is no such law. As with Mr. Allison, the words of the legislature, another arm of the criminal body of the State, are twisted and aimed at him to send an overt message to the rest of us; “You people are not in control.”

I have been taping government officials for some time. I used to work as a private investigator and am very adept at “wiring” myself. I have recorded conversations with the Chief of Police of Fairview Heights, the Mayor of Collinsville, St. Clair County Circuit Clerk (now State’s Attorney) Brendan Kelly, Judge Vincent Lopinot, and Judge LeChien. The Fairview Heights Police, Joshua Alemond and Aaron Nyman, who beat and Tasered me on February 17, 2009 were recorded via my mobile phone and bluetooth headset, before the Tasering and beating destroyed the equipment. My truck was also wired for video and audio, but I did not have the video running at that time. The police did, however, find a micro-cassette recorder in my console and removed the cassette from it, unlawfully. What they failed to find is the microphone hidden in the door frame that went to another digital recorder. Even after illegally searching my truck and breaking a lock to get to a hidden compartment, the digital recording survived their search.

I will be posting copies of the audio on another page from my encounters with these criminals. Luckily, when the police beat me and destroyed the phone they must have assumed it was totally inoperable, but failed to check the removable memory card for the recorded audio. I have since removed all of my “illegal” recordings off site to a number of servers for safe-keeping and no longer keep the originals in my possession. I am also working on establishing an anonymous FTP server where people who do record can upload their audio/video without a traceable trail to their identity.

I am confident Mr. Allison will not be found not guilty, and the State will most likely try to strike a deal. I say to Mr. Allison, you hold all the cards and trust the jury. As far as the juvenile  megalomaniacs writing these deceitful and oppressive laws… to hell with you.

As far as Judge Kimbra Harrell, you may wish to contact her personally and let her know how you feel about her distorted view of authority.

Office:

KIMBARA G HARRELL
117 KITCHELL
OLNEY, IL 62450
(618) 392-7070

Residence:


KIMBARA G HARRELL
Born 1957
3495 VAN RD
OLNEY, IL 62450
(618) 395-4040

The growing accessibility of recording devices is prompting officials to dig up dusty old eavesdropping laws that are being used to intimidate the nation’s citizens.
January 28, 2011 |

Last January, Michael Allison, a 41-year-old mechanic from Bridgeport, Illinois, went to court to protest what he saw as unfair treatment from local police officers. Allison is an auto enthusiast who likes to tinker with cars, several of which he keeps on his mother’s property in the neighboring town of Robinson. Because both towns have “eyesore,” or abandoned property, rules that require inoperable cars to be either registered or kept in a garage (which neither house had, and which Allison could not afford to build), Allison’s cars were repeatedly impounded by local officials.

Allison sued the city of Bridgeport in 2007, arguing that the eyesore law violated his civil rights and that the city was merely trying to bilk revenues from impound fees. This apparently enraged the local police, who, Allison alleges, began harassing him at home and threatening arrest when Allison refused to get rid of his cars.

Shortly before his January 2010 court date, Allison requested a court reporter for the hearing, making it clear to the county clerk that if one was not present he would record the proceedings himself.

With the request for a court reporter denied, Allison made good on his promise to bring his own audio recorder with him to the courthouse. Here’s what happened next, as reported by Radley Balko in the latest issue of Reason magazine:

Just after he walked through the courthouse door the next day, Allison says Crawford County Circuit Court Judge Kimbara Harrell asked him whether he had a tape recorder in his pocket. He said yes. Harrell then asked him if it was turned on. Allison said it was. Harrell then informed the defendant that he was in violation of the Illinois wiretapping law, which makes it a Class 1 felony to record someone without his consent. “You violated my right to privacy,” the judge said.

Allison responded that he had no idea it was illegal to record public officials during the course of their work, that there was no sign or notice barring tape recorders in the courtroom, and that he brought one only because his request for a court reporter had been denied. No matter: After Harrell found him guilty of violating the car ordinance, Allison, who had no prior criminal record, was hit with five counts of wiretapping, each punishable by four to 15 years in prison. Harrell threw him in jail, setting bail at $35,000.

That’s up to 75 years in prison for breaking a law Allison did not know existed, and which he violated in the name of protecting himself from what he saw as an injustice.

As Balko points out, Allison’s case may be extreme, but he is hardly alone in facing outsized punishment for efforts to combat police wrongdoing. Take Christopher Drew and Tiawanda Moore, two Chicagoans highlighted in the New York Times last week. Drew, a 60-year-old artist, faces up to 15 years in prison for using a digital video recorder during his December 2009 arrest for selling art without a permit. Drew had planned on getting arrested in protest of the permit law, which he saw as a violation of artists’ rights. He was unaware that filming the ordeal was illegal.

Likewise, Moore, a 20-year-old Southside resident, did not know it was illegal to record a conversation she had with two police officers last August, and she too faces a prison sentence of up to 15 years for doing so. Moore’s case is especially troubling because she was in the process of filing a complaint with the two officers about a third officer, who Moore alleges sexually harassed her in her home. She told the Times that she “was only trying to make sure no other women suffered at the hands of the officer” by making the recording. Presumably, she was also trying to protect herself in case she faced another lewd advance. Instead, the officers tried to talk her out of filing her complaint and then slapped her with eavesdropping charges when they found out her Blackberry was recording.

These stories all highlight Illinois’ draconian eavesdropping laws, which, ever since a privacy provision was overturned in 1994, have made it illegal to record audio of an individual without his or her consent. Carrying a sentence of between four and 15 years, the laws in the state are some of the harshest in the nation.

Illinois isn’t the only state waging a war on citizens with recording devices. Across the country, the growing accessibility of recording devices (like smart phones) and media-sharing sites (like YouTube) is prompting officials to dredge up dusty old eavesdropping and wiretapping laws, leading to “a legal mess of outdated, loosely interpreted statutes and piecemeal court opinions that leave both cops and citizens unsure of when recording becomes a crime,” according to Balko.

The good news is that few people have actually been convicted under these laws for documenting police wrongdoing; neither Michael Allison nor Christopher Drew nor Tiawanda Moore are likely to go to prison for the recordings they made. The bad news, though, is that these laws are being used to intimidate the nation’s citizens, making them afraid to stand up against police officers and other officials who are acting illegally and/or immorally. As long as no one is convicted, the law goes unchallenged, notes Adam Schwartz, senior staff counsel for the ACLU of Illinois.

The intimidation techniques extend to still photographers as well, as documented by Carlos Miller on the blog Photography is Not a Crime, which catalogs rights violations against people with cameras and teaches citizens about their legal rights to photograph people and places. (Things that can almost always be photographed from a public place, “despite popular opinion,” according to Miller’s Web site: criminal activities, law enforcement officers, industrial facilities.) Miller himself has been illegally arrested and had his photos deleted for taking pictures of police officers.

Although he’s always beaten his cases in court, Miller recognizes that coming out on top after the fact isn’t good enough. “There’s this idea that just because charges are dropped, there’s no harm,” Miller told Reason. “But that isn’t right. There’s definitely harm when someone is illegally arrested and has to spend a night or more in jail. Your life is disrupted. You now have legal bills to deal with. There’s also harm when a cop wrongly tells someone they can’t photograph or record. He’s intimidating them into giving up their rights.”

Some of the most widely viewed posts on Miller’s blog — “St. Louis Cop Beats Man Down in Youtube Video,” “Surveillance video once again shines light on Philadelphia PD corruption” — are testament to why citizens need the explicit legal right to document officers’ wrongdoings. Without the recordings of these events (and many, many others like them), justice probably never would have been realized, and the truth never brought to light. Unless we overturn the nation’s most over-the-top eavesdropping laws, our legal system will continue to obstruct, rather than promote, justice.

Judge LeChien calls the letter of the law, "punctilios".

In the ongoing battle with the City of Fairview Heights, Patrolman Joshua Alemond and Patrolman Aaron Nyman, I had a hearing on Nov. 8, 2010 in courtroom 401 in St. Clair County, Illinois. The purpose for the hearing was to determine if the Defendant’s were to enjoy further protection under the Service Member’s Civil Relief Act. The Defendant’s received a 90 day stay in the proceedings on August 5, 2010 when the presiding judge, Robert LeChien, ruled that the motion for stay met the requirements of the SCRA. I argued that the evidence and exhibits submitted by the defense did not meet the requirements of the act. I lost, and the Defendant’s were entitled to an initial 90 day stay with a hearing to determine if the stay should be extended to cover the duration of Alemond’s deployment. Nov. 8, 2010 was that date.

I will not dwell on the particulars. I am bringing this action against the City of Fairview Heights and Patrolmen Alemond and Nyman, pro se. Most of the attorneys I spoke with would only take the case if I pursued a Title 42 action for violation of Civil Rights, which do not apply to me since I am  not a US citizen. So, my last recourse was to pursue an action in tort in state court.

What was particularly interesting in the hearing of Nov. 8, 2010 was the blatant bias exhibited by judge LeChien. I believe the man knows the law, but uses his position to either ignore it or use it as his personal tool and weapon against those who he feels is not worthy of his magnanimity.

The point raised in my objection was that the defense, after already enjoying a 90 day stay on an insufficient pleading, lacking the information specified by the Act, brought nothing more to the table in correcting the defective pleading. The Act clearly set fort the requirements for receiving a stay:

(2) Conditions for stay
An application for a stay under paragraph (1) shall include the following:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.

The Defense did provide a letter – Alemond Deployment, but that letter does not conform with (B) of the Act. LeChien felt it would not be fair to have Alemond deal with his legal obligations should he be home on leave, especially during the holidays. However, commentators on the Act, as well as courts, have held that if leave is permitted, the servicemember must use that leave to tend to his obligations. I guess LeChien knows better than those who deal with this law on a regular basis.

I tried to argue that point and Judge LeChien, after reflecting on my objection to the Exhibit, said that I was dwelling on a “punctilios” reading of the statute and that the evidence did satisfy the “intent” of the Act. For those who do not know what “punctilios” means:

1. a fine point, particular, or detail, as of conduct, ceremony, or procedure.
2. strictness or exactness in the observance of formalities or amenities.
Now, this is coming from a judge who deals with the “black letter of the law” daily, but who, when  posed with a defect in a pleading turns on me to say I am being “punctilios”. In my opinion, after having observed LeChien’s demeanor with other attorneys in his court, is that he twists the law as he sees fit to benefit who he deems deserving. The Act clearly states what is required in a letter where a stay is requested, but LeChien apparently does not need to be encumbered by such surplusage.
The Defense won, again, and justice once more delayed. A great lesson in the game of “law” where power-hungry and corrupt men use their position to benefit their doting sycophants.
I expect to be filing a complaint with the Judicial Review Board against LeChien as well as a motion for substitution of judge, since he will obviously be biased against me for having publicly criticized him. All the better. I prefer to not have that man involved in my case since I would not receive any justice or fairness.

Judicial Misfit, Judge Vincent Lopinot, does it again.

Once again, a St. Clair County Judge has exhibited callousness and arrogance in refusing to follow the law; this time against my niece when appearing in his court for a seat belt violation. Judge Vincent Lopinot, of the Twentieth Judicial Circuit bullied Melissa McCoy into taking a fine for a seat belt ticket which was never lawfully charged and denied her right to be heard when challenging the veracity of the offense.

First, a little background. I was a paralegal student at Southwestern Illinois College (SWIC) in 2006 where Mr. Lopinot was my torts instructor. I had heard of his shenanigans prior to taking his class but gave him the benefit of the doubt. He seemed proficient in the subject matter and struck me in no particularly negative way aside for his dismissing some instances where the authority of government to act in a particular way was brought up in class. After that, I happened upon Mr. Lopinot a few times during my visits at the St. Clair County Law Library located in the courthouse. Mr. Lopinot would be passing through on the way to or from court and would extend salutations and comment on my appearing to always be doing legal research. The meetings, however brief, were always civil. That would change a few years later.

Lopinot would comment in class about my ability to quickly understand legal concepts and commented to me that I was one of his “best students”. I believe he called me, during one of our encounters in the library, “a diligent researcher”. Why he would forget me and dismiss my petition in court is beyond me. Maybe he merely forgot who I was since over 3 years had passed. Nevertheless, he should be held to a standard despite whatever professional infatuation he may have exhibited towards me in the past.

I was with my brother, Kent McCoy, on an appearance date for a charge where Judge Lopinot was presiding on 7/29/10. Digressing for a moment, the charge was improperly filed, lacked evidence, and reeked of police incompetence and bias. The case, which the State set for bench trial on that day, was dismissed because the Assistant State’s Attorney, a diminutive and incoherent black woman, failed to apprise her witness (the police) to be present for a trial. She believed a bench trial date is just legal-speak for “more tactics to get the accused to appear when no charges have been filed so we can wear him down”. The ASA (Assistant State’s Attorney) babbled, stuttered and whined to have her case continued so she could bring her witnesses to court…the next time. Judge Lopinot did the right thing in dismissing the charge for the State failing to be prepared to prosecute on the trial date. Kudos to you sir…but wait…

At the same time, I had intended to approach Judge Lopinot with sworn criminal complaints against Fairview Heights Police “officers” (they are really not officers, it is a colloquial term of deceit) Joshua Alemond and Aaron Nyman. Illinois statutes state that a sworn complaint presented to a judge requires the judge to examine the complainant under oath and upon a finding of probable cause based upon the written complaint and sworn examination shall issue a warrant for the arrest of the accused. Judge Lopinot was in his courtroom while in session and had a duty to hear the complaint. Judge Lopinot thought differently.

As I attempted to approach the bench he commented that I did not have a right to bring a complaint directly before the court, but instead had to take them to the police (good luck there) and he refused to hear my complaints. The bailiff took his usual bull-dog stance and would not allow me to approach further while commenting “we do not do that here”, referring to hearing complaints. Ignorance is as ignorance does. I then filed a complaint with the Illinois Judicial Inquiry Board against Judge Lopinot for his refusing to abide by his oath and follow the law. See Lopinot Complaint Judicial Inquiry Board

That said, my niece also appeared before Judge Lopinot for a seat belt ticket. I had written some motions for her which require the State to produce a verified complaint or dismiss the charge. She refused to appear for previous court appearances because there was no lawful duty to appear absent a lawful charge and the State, in it’s bureaucratic glory, found her guilty and levied a fine against her. The appearance before Lopinot was to explain why she had not paid the fine. She did not pay the fine because I instructed her to not pay the fine as well as to not appear. The court also refused to hear or rule on any of the motions she filed, which I had written. When Judge Lopinot examined her on the matters she articulately stood her ground and demanded to see the verified complaint and have the court rule on her motions. Lopinot refused to produce a verified complaint, failed to show where she had knowingly and voluntarily waived her right to a jury trial, refused to hear the motions, and essentially shouted her down when she tried to speak. Whether or not he knew that my niece was my client I can’t say.

She eventually acquiesced and paid the fine. What Lopinot failed to realize is that I was sitting in court with my cell phone that happens to have voice recording capabilities. I did not make my presence known since I did not want that to influence his ruling since I had a open complaint against him. The volume is a little low where my niece is speaking but Lopinot is clearly audible. I am going to try to enhance the audio so my niece can be heard to the full context of the dialogue can be discerned.

I am discussing with her the filing of another complaint against Lopinot for his failure to apply the law. I have other clients who will be appearing in traffic court before Lopinot and I must coach them accordingly on how to anticipate his acerbic demeanor and deal with it accordingly. As with other judges in St. Clair County, Zena Cruse and John Baricevic amongst them, arrogance, ignorance, and abuse reigns supreme.

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Showdown at St. Louis County Circuit Court. Oct. 10, 2006

Patrick Clifford Associate Circuit Judge

I attended traffic court with my wife in St. Louis County Circuit Court, where a motion hearing was to take place. My wife was called by the judge to approach the bench. She approached with me in tow. The prosecuting attorney took his position at the left corner of the table facing the judge and my wife took her place at the far right corner with me to her right.

Discussion on one of the motions began with the prosecutor for the City of Olivette, Steven Fluhr, arguing for the plaintiff. I was listening, whispering to my wife what was taking place and what to say in rebuttal. Judge Clifford then barked at my wife to keep quiet, that he was listening to the prosecutor, and he would tell her when she could speak. Now remember, my wife is pro se, and not versed in the ways of appearing at the bar.

Clifford then asked me who I was, and I said that he needed to address my wife, since I was not a party to the case. My wife told him that I was her counsel. He asked me if I was an attorney, to which I replied, no. He then told me that I could not be my wife’s counsel since I was not an attorney. My wife said that she had the right to choose her counsel and I was her choice.

Clifford proceeded to tell me that “this area” was reserved for members of the bar, and since I was not an attorney I had to sit down. I told him that I was not going to sit down, and that I was going to honor my wife’s request to assist her. He then said that he would have me jailed for contempt if I did not sit down. I told him to do what he felt he had to do, I was not sitting down. He then said that he had never been shown such disrespect in his courtroom, and he didn’t want to have to jail me for contempt, but he was prepared to do so if I did not sit down. I said to do it. There was a bailiff in the courtroom who approached me from behind as this was taking place and I just turned to look at him and I shook my head as in not to lay a hand on me. He stopped about six feet behind me.

Clifford ordered the clerks to get the sherriff. One of them asked, “Really?” and Clifford responded with, “Yes!”. Everyone just stood there. The clerks got on the phone and called the Sherriff, the prosecutor, Steven Fluhr, just looked down at his shoes, and my wife asked me what she should do if they arrest me and should she stay there for the hearing. I told her that if I am taken away that she should walk out of the courtroom since she had been deprived of her right to assistance of counsel.

At about this time two deputies came into the courtroom and Clifford held his hand up as to have them halt and told them that I was not under arrest yet, but rather to just wait there. So, there stood the deputies at the back of the courtroom, a bailiff behind me, my wife to my left and the prosecutor opposite her. There was not a sound for what seemed like about two minutes as Clifford leaned back in his chair and looked at the ceiling. I stood there prepared to be escorted to a cell.

Clifford finally leaned forward and said, “You can assist your wife, but you can’t stand at the bar. That is reserved for attorneys. If you wanted to assist her then you will have to sit in your seat and she could go to you to consult.” I’m thinking to myself, almost aloud, “Where is the contempt of court you threatened me with? I proceeded back to my seat, which was about six rows back. There stood the two deputies behind my seat and before I sat down I thought about sitting with them standing guard over me. I thought, “To hell with that.”, and I walked back up to the front of the courtroom and sat in the front section usually reserved for attorneys. This was a better place to hear what was taking place at the bench.

As my wife argued the motion which I had written for her she turned a few times as if to ask me a question. Clifford paused and asked, “Mrs. McCoy, it appears you have some questions for your husband. Do you wish to consult?” She said yes and was allowed to come sit by me while I briefed her on what was happening and how to argue the motion. This happened a total of three times and was allowed to consult with me uninterrupted.

After the proceeding was concluded, Clifford said, “Mr. McCoy, will you approach the bench?” I walked to the bench and leaned over close to Clifford when he said, “In all my years on the bench I have never had anyone show such disrespect. When I give an order I expect it to be followed. If you ever disobey another order in my court I will hold you in contempt, do you understand?” I looked Clifford in the eye and said, “It think we understand each other.” I then turned and walked out of the courtroom.

The moral of the story is that people have a right to assistance of their choosing. I do not represent people in legal proceedings. I do not speak to the court on their behalf. I speak with them privately. No judge has a right to tell someone they are not entitled to assistance of any kind. Clifford knew this and also knew he would be breaking the law by denying my wife assistance. He would have opened a can of worms by having me held in contempt. I was prepared for this possibility. When you have nothing to fear you will realize the only people like Clifford have on their side is intimidation and fear.

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A day in Hell with a judge called Zina Cruse

Judicial Tyranny Run Amok in St. Clair County

Judicial Tyrant

The dis-Honorable Zina Cruse

On May 8, 2009, I appeared in courtroom 108 for the 20th Judicial Circuit Court in response to a Notice to Show Cause arising from a traffic ticket issued in 2006 by Collinsville, Illinois. The presiding judge was Zina Renea Cruse (pictured here). It appears that this courtroom is for first appearances relating to traffic/misdemeanor. Judge Cruse called my name and I approached the bench.

The judge then began to question me about the 2006 ticket, asking me how I wished to plead. I was taken aback, since the charge had been dismissed in 2006 by Collinsville, but the judge persisted in questioning me regarding the alleged ticket. I tried to explain how I was not there to answer any questions regarding any ticket, but there only to show cause why I should not be held in contempt by not appearing for a court date, of which I was never apprised of, relating to a charge of which I never received. I asked the Judge if she could produce for me a verified complaint alleging a charge, to which she showed me a printout of something which represented a copy of a ticket, but which was not an actual charge.

Judge Cruse attempted to enter a plea of not guilty on my behalf, upon which I objected to her attempting to act as my legal representative. I reiterated that I objected to her questioning me about the charge, and I would only entertain the issues regarding the show cause notice. She also attempted to schedule a bench trial for the 3 year old charge, which was previously dismissed, which I refused to accept or participate with.In an example of further incompetence and lunacy, when I questioned why I was being questioned about a dismissed charge, Judge Cruse attempted to tell me that, since Collinsville is in both Madison and St. Clair Counties, the Madison County part of Collinsville was dismissed, but not the St. Clair County side. I asked her if there were two charges arising from one incident which were filed in two counties by one municipality; to which she replied, “yes”. What that implies is that one traffic ticket issued by Collinsville subjected me to the jurisdiction of both Madison County and St. Clair County. That is either a bold-faced lie or an expression of incompetence. Furthermore, how would Judge Cruse have any information regarding the Madison County charge when she is sitting in St. Clair County? The charge from Collinsville was a municipal charge and the setting was municipal court in Collinsville. When I appeared for that charge the judge, Mallotte, attempted to engage in the same kind of chicanery as Cruse and attempted to entice me to entering a plea to a improper charge. Mallotte also attempted to enter a plea for me, upon which I objected. After I refused to participate with that insanity I received notice the charge had been dismissed.

At this time, Judge Cruse, ordered me in contempt and had me placed under custody. I was then cuffed and placed in a holding room and later transferred to a cell in cuffs and ankle chains. Judge Cruse acted with hostility, contempt, unprofessionalism, and ignorance in attempting to goad me into stepping into a trap laid by fraud and deceit by entering a plea and accepting without having seen or been informed of, an unsubstantiated charge. She acted as a despot in depriving me of 3 hours of my liberty without due process of law, for my merely questioning the proceedings and standing upon my rights. Judge Cruse acted outside her judicial capacity and in violation of her office. Judge Cruse expressed the fundamental defects of the legal system as it exists today, by refusing to listen to defendants or providing a discussion of the merits of the charges by arresting those who take exception to her demands, or fail to submit to her ignorance and oppression.

Judge Cruse, it would serve you well to understand the limits of your megalomaniacal judicial powers. Your powers to not extend beyond your little fiefdom, and  do not attach to people who retain their Creator-derived rights and fail to submit to your, and your ilk’s, despotism. You act as a brigand, thug, and tyrant. You possess no authority over me. I will not step foot into your courtroom again. I perceive you to be my enemy, untrustworthy, abusive, and illogical. I am in fear for my liberty should I meet you on your terms again, and I will not be a willing party to what amounts to my own undoing. It would serve you well to leave me be. Save your time, energy, and abuse for those intimidated by your delusional exercise of tyranny.

FOOTNOTE: It appears that Zina Cruse may also be an Associate Minister of  the Christian Fellowship M.B. Church in St. Louis. If  Ms. Cruse’s courtroom demeanor is any reflection of her “Christian” beliefs then she is either a consummate hypocrite, or poor example of a Christian. Ms. Cruse can be emailed here z_cruse@sbcglobal.net Her Illinois Bar Association page is here.

Here are some useful links:

State of Illinois Judicial Inquiry Board

Complaint Form For Reporting Judicial Misconduct

Illinios Code of Judicial Misconduct

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