St. Clair County Corruption

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A cesspool of corruption and abuse.

 

Electile Dysfunction – Don’t “Pull a Boner” and Vote for These People

When it comes to selecting a Democratic candidate from this year’s political menu, nothing speaks more to flaccid competency than the St. Clair County Democratic Party. I find all government to be a manifestation of a societal mental disorder, but the boots-on-the-ground for this political profundity are those served up on ballots across America. The fifedom known as a Judicial Hellhole, St. Clair County, is home to some of the more renowned malfeasants I have come to know.

I find it hard to believe that I would be so unfortunate to have encountered all of these officials and received the kind of treatment I witnessed. It is safe to say that arrogance, incompetence, and fraud are the order of the day for politics in St. Clair County and dare I say, probably everywhere. The issue is so systemic that jokes are made of public incompetence and corruption as though it were expected. Yet, people continue to vote for people like this and then proceed to whine.

The range of actions witnessed by the foregoing individuals goes from malfeasance to criminal. Mr. Kelly went so far as to invoke his constitutional duty, in one of our email conversations, and then in an act of fraud, file a civil case on my behalf.

I make no secret about my feelings towards government. I hold myself, and mankind, to a higher standard. Ordinary people elect ordinary people to do extraordinary things that in some way touch all of our lives. Truth be told, they are just ordinary people and have no power to do anything unless we surrender our will, and subsequently our wealth, to them and the institution they serve. Public service has become self-interest and becoming beholden to oligarchs who control us through our purse strings and threat of reprisal from the all-powerful State.

My experiences with these people was not an anomaly, or a one-off. I did not happen to catch them on a bad day. These are people who, when held to a standard presumed to be applicable to all who supposedly take an oath that at some point references a constitution designed to preserve and protect individual rights, resort to violence, fraud, and arrogance in either avoiding that duty or turning that power against us. I urge voters to not select any of these individuals for office. I make my case below.

Brendan Kelly - State's Attorney

State’s Attorney, Brendan Kelly. The man who mishandled criminal complaints as circuit clerk and filed a civil case on my behalf in an effort to derail my pursuit of criminal charges against police. I’ve had a number of actual, and attempted, conversations with Mr. Kelly all of which I have thoroughly documented. I believe if Mr. Kelly acted the way he did as Circuit Clerk then how can he be trusted with the power of the State’s Attorney? If Mr. Kelly acted in his official capacity and took sworn criminal complaints under the pretense of properly filing them, and then file a civil case on someone’s behalf where no filing fee is paid, how does that translate to being entrusted with executing the duties of the State’s Attorney where integrity should be primary consideration since we are talking about prosecuting individuals for violations of law which could result in their being imprisoned or executed? Is this the type of character we want in these matters? I think not. There are also other allegations brought to me by other concerned individuals concerning Mr. Kelly’s actions in office, but to be fair, until I have examined the allegations and evidence I can make no such mention here.

http://marcmkkoy.com/2011/04/13/an-open-letter-to-brendan-kelly-state%E2%80%99s-attorney/

http://marcmkkoy.com/2010/09/20/email-tete-a-tete-between-myself-and-brendan-kelly-circuit-clerk-of-st-clair-county/

Zina Cruse - Associate Judge

Photo courtesy Zina Cruse for Judge

Judge, Zina Cruse. The woman who jailed me for contempt when I refused to enter a plea to a charge that was dismissed 3 years prior. I have posted about Ms. Cruse’s deficiencies a number of times. When confronted with a paper from her own court demanding an appearance for a specific issue, and then to adjudicate on another entirely different and moot issue is not the makings of a reasonable judge. Going further, when presented with the information, she becomes emotional and aggressive, calling the bailiffs to take me into custody for disagreeing with her and threatening to have me jailed over an entire weekend for contempt. Ms. Cruse seems to have some emotional or mental deficiencies that render her incapable of reason and impartiality.

http://marcmkkoy.com/2012/01/26/judge-zina-cruse-in-mission-impossible-getting-elected-for-circuit-judge-in-st-clair-county/

http://marcmkkoy.com/2010/05/17/a-day-in-hell-with-a-judge-called-zina-cruse/?shared=email&msg=fail

Kahala Dixon - Circuit Clerk

Acting Circuit Clerk, Kahala Dixon. The woman who, then serving as Assistant State’s Attorney, argued that jurisdiction was related only to where an offense occurred (the situs), and that the State’s failure to file a verified complaint was not a jurisdictional matter. She also attempted to proceed to trial without a witness, and when the defendant moved to dismiss, she felt entitled to another court date because it is common for the State to not have their witnesses ready on the trial date. Ms. Dixon did not understand that there is subject matter jurisdiction, and in personam jurisdiction. She could only focus on “Did it happen in St. Clair County?” as her justification, and not on the fact that for the State to have in personam jurisdiction, there must be a properly filed complaint, and when the accused demands the filing of a verified complaint, under the law, she has a mental vapor-lock and requests a new trial date where she can really be prepared this time. Better she serve in the Circuit Clerk’s office where she can’t hurt anyone directly.

http://marcmkkoy.com/2011/03/24/meet-brendan-kellys-replacement-as-circuit-clerk-mrs-kahalah-a-dixon/

Judge Robert Lechien

Photo courtesy the Madison Record

Judge Robert Lechien. The judge who was previously assigned to my civil case against Fairview Heights Police. I filed the suit pro se, and in the usual course of business the opposing counsel filed motions for particular relief in a matter. Before I go on, some will say my opinion of Lechien results from sour grapes because I did not receive the ruling I desired and such is the way of law, and I’m just a poor loser. That may be said, even though I believe I thoroughly rebutted the opposing side based on the law, but the sticking point was when Judge Lechien called the letter of the law “punctilious”. What he was saying is, I am asking the court to apply the technical and specific wording of the law to the issue at hand, and that is presumably unreasonable. When I held him to the actual letter of the law and it’s application in other cases, he resorts to saying, “You’re just being picky.” If that is the case, then the Constitution, statutes, his oath…. are “punctilious”, and therefore of no power to bind him to any standard other than we he creates.

http://marcmkkoy.com/2010/11/10/judge-lechien-calls-the-letter-of-the-law-punctilios/

http://www.therobingroom.com/illinois/Judge.aspx?ID=4320#comments

Judge Vincent Lopinot

Photo courtesy the Madison Record

Judge Vincent Lopinot. I originally had no issue with Judge Lopinot, as my initial exposure to him was as my instructor in a torts class I took at a local college. I may be judging Mr. Lopinot a little too harshly, but I took exception to the way he callously dismissed me when I attempted to approach him regarding criminal complaints against police officers, a duty bound to him by way of his position as a judge. He told me he did not have to hear such complaints and stomped out of the courtroom, after what I have to admit was a respectful ruling on a case he had just finished presiding over when the above, Khala Dixon, was acting as Assistant State’s Attorney. I also took exception to the way he handled a seat-belt ticket for my niece when she attempted to present a motion I had written to the court where Lopinot was presiding. He treated her with the same callousness and contempt he treated me. You could be my best friend, but when you have a duty to act then you act. You do not turn your back and walk away. On this point, I find it impossible to recommend Judge Lopinot for election. He may have acted out of ignorance, but as the adage goes, ignorance of the law is no excuse.

http://marcmkkoy.com/2010/10/16/judicial-misfit-judge-vincent-lopinot-does-it-again/

http://www.therobingroom.com/illinois/Judge.aspx?ID=4331#comments

The elusive Brian Alben Babka

Judge Brian A. Babka. This judge is the consummate schmoozer and issue-dodger. Babka is the personification of the bastard-lawsuit filed on my behalf by Brendan Kelly when he was Circuit Clerk. I had 2 hearings before Babka regarding the issue, and he is aware that the case was not filed by me, but by Mr. Kelly. He continued to engage the fraud and hear my arguments regarding bringing criminal charges against Fairview Heights Police officers, Joshua Alemond and Aaron Nyman. Judge Babka actually had in his possession the criminal complaints, as well as my motions for presenting them to the court. Upon reviewing the supporting case law I provided where a private individual can present sworn complaints to a “magistrate” for hearing and upon finding probable cause issue a warrant for the arrest of the accused to be later held for possible prosecution, Babka managed to dodge the issue by claiming he did not know the difference between a magistrate and an associate judge. I went on to file a meticulous brief in support of my motion which Babka summarily dismissed.

I do not have a picture of Babka, but aside from my site information, here are some other links to his professional life.

http://marcmkkoy.com/2011/06/26/judge-brian-babka-dodges-the-issue-of-issuing-arrest-warrants-against-police-case-10-mr-212-is-dismissed/

http://marcmkkoy.com/2011/07/07/motion-to-reconsider-courts-dismissal-of-case-10-mr-212-absent-a-review-of-all-authorities-cited-in-plaintiffs-memorandum-of-law/

http://marcmkkoy.com/2011/07/07/motion-for-mandatory-judicial-notice-in-support-of-petitioners-motion-to-reconsider/

http://marcmkkoy.com/2011/06/06/memorandum-of-law-regarding-private-individual-making-criminal-complaint-and-the-former-office-of-magistrate-in-illinois/

http://www.therobingroom.com/illinois/Judge.aspx?ID=4325#comments

http://www.madisonrecord.com/news/145065-babka-named-new-associate-in-st.-clair-county

Minor Traffic Issue Allegedly Ends With Cop Pointing Gun At Head

Well, Fairview Heights Police have again illustrated their propensity for aggressiona and violence when they chase down a family in their vehicle before dragging them out and putting guns to their heads. This is not so far removed from what happened to me on Feb. 17th, 2009 when I too was pulled over and had a gun drawn on me. The difference is, I was beaten‚ and Tasered as well. That story can be found here.

Here is the story as reported by Fox2Now.com in St. Louis, Mo. Visit their site to also see a video of their interview with the Sims’.

http://fox2now.com/2012/03/12/minor-traffic-issue-allegedly-ends-with-cop-pointing-gun-at-head/

BELLEVILLE, IL (KTVI)- A Belleville family wants answers‚  after they say an undercover police officer crossed the line during a traffic stop.

The family says undercover officer pointed a gun at their heads while a four year old watched in the back seat.

The Sims family says they were headed from Fairview Heights to Belleville last Wednesday evening when their four year old accidentally tossed an ash tray out of the window.

Moments later, they say a man in a Cadillac Escalade tried to run them off the road.
They thought it was road rage, but it was an undercover officer who they say was out of control.

Adriana Sims, 18, said, ‚“When he was chasing us I was thinking it`s road rage and I tried to get somewhere in the light where there are people.‚

Adriana Sims was behind the wheel driving her parents GMC Envoy.
Her sister, older brother and his four year‚ old daughter are in the car. They are scared.

Arthur Sims Jr. said, ‚“Being the older brother I said it`s road rage don`t stop until we get to a lighted area.. We rode for while and finally when we saw some other cars he turned on the lights.‚

But even then. they say they had no idea the man behind the wheel was an undercover officer.

‚“My main concern is my baby was sitting right next to me he would get behind us and rev the engine,‚ said Arthur.

The intersection at Lebonnon Ave in Belleville is where the situation allegedly escalated.
The Sims say the officer jumped out of his car, put a gun to their heads and slammed them on the ground while the four year old watched.

‚“First the gun was to my head and then to my back as we were walking. All I‚  could think about was if he would slip that bullet was going through me,‚ said Arthur.

As other Fairview Heights police officers started to show up the Sims thought the situation would improve.

‚“When I saw them I was thinking maybe they are going to help but they helped him and everything he was doing,‚ said Adriana.

Fairview Heights police say the undercover officer is assigned to the narcotics task force.
In a written statement, they say the officer pursued the Sims after they yelled curse words and threw something out the window that hit his unmarked car.

‚“I felt helpless it was all because an ash tray fell out if anything give me a littering ticket,‚ said Arthur.

Arthur says his four year old now has nightmares. He says the officer could have handled the situation differently.

‚“It was embarrassing. My daughter was right there,‚ said Arthur.

‚“He didn`t jump out with a badge. He just jumped out with a gun,‚ said Adriana.

Adriana Sims was ticketed for not having her insurance card and drivers license and failing to stop for an emergency vehicle.

Arthur Sims was taken‚ to Fairview Heights jail for disorderly conduct and was released when his parents arrived.

The Sims say the are filing a complaint.

Fairview Heights police say they have initiated an internal review.

Below is the statement from police:

Fairview Press Release on Sims Incident

I will quote from the Press Release, and address disparities between what Fairview Heights Police say should be done in trying to bring criminal charges against police, and driving to a well-lit area if pulled over by an unmarked vehicle.

“On Thursday, March 8, 2012, Arthur Sims Jr., and Adriana Sims came to the Fairview Heights Police Department to file a complaint against the Fairview Heights Police officer. After briefly explaining their version of the events, theey‚ were informed that state law requires they provide a sworn affidavit as to their complaint. They were provided the necessary paperwork, but they refused to provide a sworn affidavit. As of Monday, March 12, 2012, they have not returned and no formal complaint has been filed.

The Fairview Heights Police Department holds all its officers to high ethical and professional standards. Although the formal investigation process legally requires the signed affidavit, we recognoze and are aware of the incident and complaint. We have initiated our internal review process and await further information and a sworn affidavit from the Sims.

We recognize the presence of emergency lights in an unmarked vehicle does not provide complete assurance the vehicle is actually an authorized police vehicle. Drivers are reminded when they have doubt, they should continue driving to a well-lit populated location before stopping. In addition, they should call 911 whenever possible while driving to determine the validity of the stop.”

‚ Now, as for the first paragraph regarding sworn affidavits; I have provided the same to officials in St. Clair County, only to have them mis-handled and filed as a civil complaint by the then Circuit Clerk, Brendan Kelly.

http://marcmkkoy.com/2010/08/20/corruption-in-st-clair-county-illinois-officials-refuse-to-prosecute-police-for-misconduct/

Mr. Kelly had the case assigned to his judicial lackey, Brian Babka, who very adroitly disposed of the case upon being met with my motion proving that associate judges had a duty under the Illinois Constitution to hear criminal complaints.

http://marcmkkoy.com/mark/FHPD/Criminal%20Complaints%20against%20Alemond%20and%20Nyman.pdf

http://marcmkkoy.com/2011/06/26/judge-brian-babka-dodges-the-issue-of-issuing-arrest-warrants-against-police-case-10-mr-212-is-dismissed/

With regard to the last paragraph regarding driving when you can’t identify the vehicle as being an official police vehicle, I did the same thing when pulled over at 2am and could not tell if the car was marked or the driver in uniform. I proceeded to drive to a lit area and was beaten, as well as charged with fleeing and eluding. Even though I could not identify the vehicle with lights on as a police vehicle due to it being dark and lights shining in my eyes, I drove to a lighted street, was ordered from my vehicle at gunpoint, beaten and Tasered.

I hope to speak with the Sims’ soon and get more information on their case.