|
One Bad Apple
A Walk in A Victim's Shoes. What Would You Do?
Follow this link to current UPDATE! 
We are presenting this article as though it is about you, the reader. We hope that it will give you at least a small idea of what it is like to be a victim of injustices. Maybe you are reading this because you are already a victim of injustice. If so, this is also your story. Maybe the parties, circumstances and details are different, but the results are the same -- betrayal of trust by those sworn to uphold the law; forced into poverty and deprived of opportunity to start over; emotional trauma, abandonment and victimization by those in positions of public trust.
You are trapped by and in a system in a city that has a "small town mentality" where power and authority is in the hands of a few. Everywhere you turn, someone fears the powers-that-be. Even talking about your situation to others could be talking to the wrong people who will report your words to the powers-that-be so they can earn brownie points to call in favors later.
The people who wronged you have a reputation of not only being powerful, but have also carved a place for themselves with those in positions of authority in state and federal government, including members of congress.
This is your story.
RAISING CATTLE
A bank loans you money to purchase and feed cattle and agrees to secure that loan only with the feeder cattle you purchase with bank loaned funds. The name of that bank is the State Bank of Davis. Bank Officers manipulate your financial decisions that result in making it impossible for you to repay your notes.
In October of 1985, the bank sues you in two different courts at the same time in an effort to obtain title to the property where you reside. In one of those cases in May 1986, the State Bank of Davis obtained a judgment against you. In March of 1997, the bank wants the property you live on auctioned off in a sheriff's sale to satisfy the loan that was secured by cattle. This is property where you reside but have no ownership interests.
Your name is Clarence L. Vance. Your wife, as the sole owner of the property where you reside, placed that property in a Trust in 1993 and is the Trustee of that Trust. The name of the Trust is Thosand Hills Trust. You are not a party or a beneficiary to that Trust.
THE STATE COURT DETERMINES THE LAWFUL OWNER OF THE PROPERTY
You are named as a party to an eminent domain case filed in January of 1997. The State of Illinois Department of Transportation filed the action to determine the lawful owner of the subject property that is entitled to receive payment for the taking of a small portion of that property for a road improvement project.
Because of their lien on the property, the State Bank of Davis is also named as a party defendant in that eminent domain case. Attorneys with McGreevy Johnson & Williams fail to appear or plead in the eminent domain case on behalf of the State Bank of Davis, and the judge defaults them.
The state court in that eminent domain case confirms the public title records that establish the subject property to be lawfully owned by Thousand Hills Trust since1993, and that you have had no ownership interest in that property since 1983. On the basis of that confirmation, the state court enters an Order and orders the State of Illinois to compensate Thousand Hills Trust as the lawful owner of the property. The State Bank of Davis does not challenge that state court Order.
YOU FILE BANKRUPTCY
In March of 1997, you file a chapter 7 personal bankruptcy petition in an effort to stop the State Bank of Davis from having the Thousand Hills Trust property unjustly auctioned off -- property that the public records establish has been owned by persons other than you since 1983.
CONFLICT OF INTEREST
An attorney that is representing the State Bank of Davis as a secured creditor in your bankruptcy case is appointed as trustee of your bankruptcy estate. His name is Daniel Donahue, and he is a member of the McGreevy, Johnson and Williams law firm in Rockford, IL.
Daniel Donahue, while representing the State Bank of Davis and also as the appointed trustee of your bankruptcy estate, obtains a bankruptcy court order on April 25, 1997 that relieves the bank from the automatic stay so it can proceed against you in the state court.
Daniel Donahue thereafter withdraws as trustee of your bankruptcy estate due to what he acknowledges to be a "conflict of interest." The State Bank of Davis does not proceed against you in the state court.
A replacement trustee is appointed to your bankruptcy case by Ira Bodenstein, the Regional U.S. Trustee. That replacement trustee is Thomas Lester, a member of the Hinshaw & Culbertson law firm in Rockford. Thomas Lester knows or has good reason to know that Daniel Donahue withdrew as trustee in your case due to a conflict of interest, as he represents the creditor. There is only one bankruptcy judge in that bankruptcy court. His name is Richard DeGunther, and he also has good reason to know that Daniel Donahue withdrew as your bankruptcy trustee due to conflict of interest.
Thomas Lester, as trustee of your bankruptcy estate, asks Judge DeGunther to sign an order authorizing him to employ Daniel Donahue and McGreevy, Johnson & Williams as his attorneys. Judge DeGunther knows that Daniel Donahue represents the State Bank of Davis in your bankruptcy case. The State Bank of Davis is the only creditor to appear and file a claim in your case. Despite that conflict of interest, Judge DeGunther authorizes Thomas Lester to employ Daniel Donahue and the McGreevy, Johnson law firm as his attorneys.
Thomas Lester also asks Judge DeGunther to employ himself and the Hinshaw & Culbertson law firm as his attorneys. Judge DeGunther signs that order also.
You wonder why the bankruptcy trustee would hire so many attorneys, including himself and the former trustee who resigned on the basis of having a conflict of interest, particulary since you have no assets.
Judge DeGunther retired at the end of December of 1997 and Judge Manuel Barbosa succeeded him in March of 1998. Judge Barbosa has a background of serving the Latino community in Elgin, IL with legal services. His wife is held in honor at the Elgin Community College for giving legal advice on immigration issues to Latino students. It is reported that Judge Barbosa is the grandson of a man who organized and led a viligante group in Mexico to protect the property and livestock of Mexicans from Whites. Reportedly, Judge Barbosa now heads that Society, which name he changed and promotes as advancing opportunities strictly for Mexicans.
You wonder that had it been an African-American with a family background in the Black Panthers, and still involved in organizations that are racially specific, if federal judges would have appointed such a person to the bankruptcy bench.
BANK USES BANKRUPTCY COURT AS AN APPELLATE COURT
On February 24, 1999 in your bankruptcy case, and despite that state court eminent domain Order, Daniel Donahue files an adversary complaint in representation of bankruptcy trustee Thomas Lester. In that complaint, Daniel Donahue claims that you fraudulently transferred your interest in the subject property, and then claims that property is presently owned by you and is an asset of your bankruptcy estate.
You and the lawful owner of that property file motions to dismiss Donahue's adversary complaint on the basis of the prior state court confirmation of ownership of the subject property. Daniel Donahue, representing bankruptcy trustee Thomas Lester and the State Bank of Davis, asks Judge Barbosa to bar you from filing any pleadings unless you receive approval from the court.
Judge Barbosa signs an order to that effect. You submit pleadings for his approval but he consistently denies you approval to file them. He does not give explanations for his decisions.
BANKRUPTCY COURT DENIES YOU DUE PROCESS AND REVERSES THE STATE COURT DECISION
Judge Manuel Barbosa consistently denies your attempts to file pleadings. Judge Barbosa then enters a default order against you because you do not have a pleading on file and grants trustee Thomas Lester his request to sell the subject property -- the property that the state court confirmed that you have had no ownership interest in since 1983.
By entering the order depriving you of filing papers in the bankruptcy case without his approval and then denying you approval to file, Judge Barbosa allowed bankruptcy trustee Thomas Lester to prevail on the basis of a default order. By such an order, Judge Barbosa exercised a legal loophole that other judges have consistently used against you.
A default order indicates that you never appeared at hearings or filed any pleadings in the case. The Record in your bankruptcy case establishes that you did appear at all hearings and that you were consistently denied approval to file pleadings. By entering a default order in favor of the bankruptcy trustee, Judge Barbosa avoided having to consider the merits of the case. Actually, you believe that Judge Barbosa barred you because he knows the merits, and because he knows that he lacks jurisdiction to re-litigate the ownership a state court's decision.
Bankruptcy trustee Thomas Lester, for whatever reason, divides the property into three sections to auction off, and obtains a Commitment for Title Insurance for each parcel from Title Underwriter's Agency, the local agent for the Nation's second largest title company, Fidelity National Financial, Inc.
YOU REPORT A CRIME IN PROGRESS, BUT PAUL LOGLI, STATE'S ATTORNEY FOR WINNEBAGO COUNTY, IL, IS SILENT
You prepare a criminal complaint. In that complaint, you state that officers of the bankruptcy court are committing extortion by stealing land under claim and color of official right of the bankruptcy court.
In early July of 2000 before the auction is conducted, you file that complaint with the Office of Winnebago County State's Attorney Paul Logli, in Rockford. Neither Paul Logli nor anyone from his Office responds to your complaint.
After that sale, the Trustee of Thousand Hills Trust also files complaints with Paul Logli's Office. As of April 2007, Paul Logli's office has not responded to the complaints you filed, neither the complaints filed by the owner of the subject property.
You then write the Department of Justice and are given the proverbial run-a-round. The office of Richard Durbin, your U.S. Senator for Illinois, and the Illinois Attorney General's Office advise you to obtain private legal counsel to pursue the appellate process.
Thereafter, another complaint is filed with the local office of the FBI and Paul Logli's office. A Special FBI Agent scratches his head and says that he doesn't think the FBI has jurisdiction to investigate and even if they did, the Assistant U.S. Attorneys in the Rockford office would not approve such an investigation. The Special FBI Agent doubts that any U.S. Attorney will be willing to prosecute Thomas Lester because he is a partner of Hinshaw & Culbertson.
Hinshaw & Culbertson, the firm in which your bankruptcy trustee, Thomas Lester, is a partner, is popular. They are first on the state's list for hiring as special state's attorneys. The state pays them lots of money to defend political and law enforcement officers against law suits.
While Governor of Illinois, George Ryan appointed attorneys with Hinshaw & Culbertson to state agencies, and a former attorney of the firm to the Attorney Registration and Disciplinary Commission. Subsequently when he was indicted for corruption, former Illinois Governor George Ryan was represented by a Hinshaw & Culbertson attorney.
POTENTIAL PURCHASERS ARE MADE AWARE THAT THE BANKRUPTCY TRUSTEE IS SELLING THE PROPERTY UNLAWFULLY
At the bankruptcy auction on July 20, 2000, a beneficiary of non-debtor Thousand Hills Trust hands out information papers to those attending. Those papers give details concerning the property and how Daniel Donahue and Thomas Lester are using the color of the bankruptcy court to unlawfully sell that property.
In what appears to be an effort to help, your brother-in-law, who owns and operates a charter plane service in California, purchases the two larger sections of the property. One of those sections contains the house.
Alan Miller is the successful bidder on the smaller section of the property that is farmland and woods. On September 26, 2000, Alan Miller is presented with a Trustee's Deed by Thomas Lester, as trustee of your bankruptcy estate.
You and the trustee of Thousand Hills Trust continue to reside on the property that was purchased by your brother-in-law. It is the duty of the Trustee of Thousand Hills Trust to invest and operate that property for the benefit of the Trust. She instructs you to prepare some land to plant winter wheat. You do so. Alan Miller calls the Illinois State Police and has you arrested because you are disking land that a person claiming to be a tenant of Alan Miller planted soybean seeds on.
PAUL LOGLI, WHO FAILED TO RESPOND TO YOUR COMPLAINT, PROVIDES TRUSTEE'S DEED TO GRAND JURY TO HAVE YOU INDICTED ON CRIMINAL CHARGES
In spite of the criminal complaints you and others served on Paul Logli's Office in 2000, his assistants go before the Grand Jury after your arrest and asks that you be indicted for destruction of property on the basis that you do not own the subject land in which the sow beans were planted. Illinois State Trooper Mark Nytko testifies before the Grand Jury that another Trooper told him that you claimed to own that property. The Grand Jury is then presented with Alan Miller's Trustee's Deed, issued to him by Thomas Lester as trustee of your bankruptcy estate, as evidence that you do not own the subject property. You are deprived of the opportunity to appear before the Grand Jury. The Grand Jury indicts you based on that purported Deed and Trooper Nytko's hearsay testimony.
What happened to your complaint filed with Paul Logli's Office? SILENCE!! What happened to those complaints filed with Paul Logli's Office by Thousand Hills Trust? SILENCE!! His office obtained an indictment against you, even though he had knowledge for the previous year and one half and refused to investigate your report of property being stolen under color and claim of official right of the bankruptcy court.
What was Paul Logli's reaction to the state court order that confirmed Thousand Hills Trust to be the lawful owner of that property? SILENCE.
ROOKER-FELDMAN DOCTRINE
There is a federal law (28 U.S.C. 1257) and a United State Supreme Court doctrine known as the Rooker-Feldman doctrine, which in layman's terms states that a loser in a state court case cannot go to a lower federal court to undue a state court decision against him. Also, since there was a ruling on the ownership of that property before Daniel Donahue alleged fraudulent transfer of the subject property, there is a matter of jurisdiction that you question, because bankruptcy courts are not appellate courts to judge if a state judge's decision was wrong.
There is a man named Woodruff Burt who is reported of having a long association with the State Bank of Davis and Daniel Donahue. Woodruff Burt has won cases on the basis that the federal courts do not have the authority to undo a prior state court's order. Subsequently, you notice on the bankruptcy trustee's itemized billing filed in the bankruptcy case that he had conversations with Woodruff Burt. You begin connecting the dots. You wonder if Burt forewarned Donahue and bankruptcy trustee Lester how to administer the case to deny you due process in order to prevent you from using his winning argument in the bankruptcy case -- which would not be beneficial to them.
GAG ORDER TO PREVENT YOU FROM TELLING THE JURY ABOUT THE TITLE PRESENTED TO THE GRAND JURY
Paul Logli obtained a Grand Jury Indictment against you on the basis of the Alan Miller Deed and a State Trooper's hearsay testimony.
During the proceedings in the criminal case, Assistant State's Attorney Wendy Larson acknowledges during a court hearing that you have had no ownership of the subject property since 1983.
Oops. How then did Thomas Lester of Hinshaw & Culbertson, as trustee of your bankruptcy estate, sell it as your property in 2000?
That admission by the State leads to a scheme to deprive a jury from having that fact presented at trial.
Charles Prorok, the current lead Assistant State's Attorney for Paul Logli's Office prosecuting the case, asks the judge to place you under a gag order forbidding you from making any mention to the jury about the bankruptcy case or how Alan Miller was issued that Deed. Judge Richard Vidal signs that order without hesitation.
By the way, no Public Defender has spoken with you about representation. You are before the court on criminal charges without legal representation.
Judge Richard Vidal retired on December 1, 2006, and you now have a new judge in the case, recently elected J. Edward Prochaska. Paul Logli's Office has the case in their pocket. The jury is not to know that the only basis for the charges against you is that purported Trustee's Deed and hearsay testimony. Of course, you did not own the property when you were working on it, in the same way that you did not own the property for it to be property of your bankruptcy estate for the bankruptcy trustee to issue a Trustee's Deed to Alan Miller.
The jury is to be deprived of knowing that in July of 2000 you filed a complaint with Paul Logli's Office in which you reported the stealing of that property before Alan Miller "purchased" it from Thomas Lester as trustee of your bankruptcy estate. The jury is also to be deprived of knowing that other complaints were also filed with Paul Logli's Office about the stealing of that property.
Paul Logli's office seeks to use your non-ownership of the property to their advantage, because if they can prove you were disking beans on property you did not own, then a conviction should be guaranteed. What is not to their advantage is the fact that you did not own that same property when bankruptcy trustee Thomas Lester sold it as property of your bankruptcy estate to Alan Miller.
Your brother-in-law, who has a lucrative charter business flying important people around the world, receives complaints about you from Alan Miller. So, he sells the sections of the subject property that he had purchased from Thomas Lester to Miller's farm renter and his partner who just so happens to be an attorney. While you are in the midst of trying to defend yourself against the criminal charges brought by Alan Miller and Paul Logli's office,Craig Dummer, the farmer and your brother-in-law have the sheriff evict you, putting your belongings on the road. Craig Dummer is represented in the eviction proceeding by the law firm of his attorney partner.
You go before Judge John Truitt in that case and raise your defense on the basis that the bankruptcy court's order is unlawful because of the prior eminent domain ownership decision of the state court. Rather than examine the order entered by another state judge in that eminent domain case in the same state court, Judge Truitt accuses you of wanting the state court to overrule the decision of the bankruptcy court, and threatens you with contempt of court if your attempts to disclose the truth continue.
Those determined to silence and destroy you argue in court proceedings that your presentation of the state court's decision of ownership in the eminent domain case is re-litigating the bankruptcy case. The judges all appear to be under an undue influence because they always buy into your oppositions' argument.
NO ONE RUNS AGAINST ME, SO I WIN
Paul Logli has a background that questions where he stands on the issue of fair and impartial justice.
First, Logli obtained his position as Winnebago County State's Attorney in Rockford by way of appointment. Paul Logli was a state judge. When the then current State's Attorney, Dan Doyle resigned or retired, Paul Logli resigned his position as a state judge to be appointed Winnebago County State's Attorney. That was in or about 1988.
When election time came around, he ran as the incumbent. He won. In subsequent elections, no one has opposed Paul Logli. If he were the only person voting for himself, Paul Logli would still retain the office of State's Attorney of Winnebago County. Yet, Paul Logli testified before the U.S. Congress that he is the elected State's Attorney. That is a half-truth. It's a half-truth because Paul Logli did not inform members of the U.S. Congress that he runs for office unopposed.
Research conducted through Illinois State Board of Elections does not produce any evidence that Paul Logli actively seeks campaign funding. He "ran" and "won" the last election on campaign financing of less than $500.00. When you are the only name on the ballot for the office, you have no need to raise money to convince voters to cast their vote for you.
Upon information and belief, Paul Logli is now, or has been, on the Board of Governors for the Illinois Office of the State's Attorneys Appellate Prosecutor. He has been, or maybe still is, the head of the National District Attorney's Association. His being an incumbent as State's Attorney for Winnebago County, IL has led to Logli obtaining recognition and positions with other associations to speak for all prosecutors across America. Apparently, those acknowledging his successful re-elections are unaware that it's much like the presidential elections in Iraqi in which the United States government recognized as a dictatorship.
BEGIN CONNECTING THE DOTS
The Rockford Register Star reported that Paul Logli is a dedicated friend to former Illinois Attorney General Jim Ryan. Jim Ryan was Illinois Attorney General while Rolando Cruz sought justice. In case anyone doesn't remember, or doesn't know, Rolando Cruz spent 12 years in prison, 10 on death row for a crime he did not commit.
Jim Ryan was also in office as Illinois Attorney General when you sent your complaint about the bankruptcy trustee and his attorney using color and claim of official right to steal and sell property as property of your bankruptcy estate in spite of the judicial determination that you had no ownership of that property.
Paul Logli, State's Attorney for Winnebago County, and Jim Ryan, former State's Attorney for DuPage County and former Illinois Attorney General, are good friends.
What does that have to do with Rolando Cruz? Nothing, except some of the same parties and familiar circumstances in the Cruz case, just so happen to resemble or mirror your case.
First, Cruz's attorneys thought he would receive a fair trial from a "jury of his peers" from another county. Cruz's second trial was moved to Winnebago County, Rockford, IL, under Logli's watch. Rolando Cruz was found guilty, although evidence was presented concerning the actual perpetrator of the crime.
Your trial is scheduled for hearing in Winnebago County, Rockford, IL, under Logli's watch and prosecution, by a jury of your peers who will not be allowed to hear and see all evidence due to the judge's gag order.
Secondly, Rolando Cruz was acquitted in his third trial. It was a bench trial -- no jury. Based on the judge's determination at that third trial, criminal charges were filed against the deputy sheriffs and assistant State's Attorneys who handled the Cruz investigation and trial. Among the charges were perjury and obstruction of justice.
In your case, the State Trooper testified of fraudulent, hearsay information before the Grand Jury. In your case, Assistant State Attorneys withheld information from the Grand Jury, and you have been gagged from presenting that information to the trial jury.
Thirdly, the deputy sheriffs and assistant state's attorneys who railroaded Cruz are known as the DuPage Seven. Attorneys with the firm of Hinshaw & Culbertson were special state's attorneys during the DuPage Seven proceedings -- not to pursue prosecution, but to pursue acquittal to save the DuPage County taxpayers money for the DuPage Seven's legal defense. In spite of the evidence against the DuPage Seven, all 7 were acquitted.
In your case, Thomas Lester, a partner with Hinshaw & Culbertson who is trustee of your bankruptcy estate, sold property that Logli's office acknowledges you did not own when the Thomas Lester sold it as property of your bankruptcy estate.
Cruz's proven innocence had such an impact that the then Governor of Illinois placed a moratorium on death sentences in the state. The U.S. Congress also introduced the Innocence Act.
OPPOSED TO PROVING INNOCENCE
In 2002, on behalf of the National District Attorney's Association, Paul Logli appeared before the Senate Judiciary Committee in opposition to The INNOCENCE PROTECTION ACT OF 2002. One of the purposes of the INNOCENCE PROTECTION ACT is to reduce the risk that innocent persons will be put to death.
Apparently, Paul Logli prefers to see innocent people imprisoned or executed for crimes they did not commit. This fact makes a reasonable argument that humbleness and admitting that he can be and is wrong at times is not in Paul Logli's character.
That is not the only demonstration that Paul Logli cannot admit to wrong.
In 2000, in The People of the State of Illinois v. Elvis E. Dunson, Paul Logli appealed the trial court's decision to vacate convictions and grant the defendant a new trial. In summary, Paul Logli hired a state prosecutor who was not licensed to practice law in the state of Illinois. It also appears that the unlicensed assistant state's attorney, Daniel Salafsky, was subsequently convicted of various crimes, including felonies.
Paul Logli's office argued on appeal that although Salafsky, the prosecutor, was not authorized to practice law, the defendant had no due process right to be prosecuted by a licensed attorney and that the efendant failed to show how he was prejudiced by the claimed violation.
In People v. Munson, 319 Ill. 596 (1925), the Illinois Supreme Court held that an indictment procured through the participation of an unlicensed person acting as a State's Attorney must be quashed.
The appellate court stated, "Here, it is undisputed that Salafsky engaged in the unauthorized practice of law in representing the People of the State of Illinois at the trial, and he thereby deceived the court. A court has the inherent power to vacate a judgment at any time when it was obtained through a fraud committed upon the court, deception, or collusion. See Hustana v. Hustana, 22 Ill. App. 2d 59, 64, 67 (1959) (stating that the court has inherent power to expunge void acts from its records)."
Binding legal principle -- but Logli's office could not admit defeat. They used taxpayers' money to appeal the court's decision.
Okay, so the maximum sentence you can receive if found guilty for disking soybean plants is not the death sentence, or is it? Anytime you are innocent and placed in prison, it is a death sentence. You are 67 years old. Fighting the system for more than seven years now, (and at times having more than one proceeding simultaneously), you suffer with legal abuse syndrome. Your trust in the judicial system and law enforcement agencies has been betrayed.
You have attempted to get the attention of major media, but they behave as though you are passing them anthrax -- they won't touch a story about judges and attorneys unless it involves sex. Most journalists with major media know squat about the bankruptcy system. Spokespeople for the U.S. Trustee Program lead journalists by the nose, even leading them to believe that chapter 7 trustees are appointed by the court rather than by U.S. Trustees.
Unlike Rolando Cruz, you are not a male minority receiving support from your community to prove your innocence. There are no programs, legal aid attorneys, or agencies willing to take up your cause. If anything, you are alone because no one is willing to risk helping you.
BANKING ON WHAT IS PUT IN THE BANK -- CONTINUING TO CONNECT THE DOTS
Hinshaw & Culbertson attorneys contributed to the campaign of Charles Prorok, who made an unsuccessful run to be a Winnebago County Judge in 2000. Remember, Charles Prorok is the lead Assistant State's Attorney prosecuting you.
Hinshaw & Culbertson attorneys also contributed to the 2006 election campaign of Edward Prochaska, who is the current judge in your criminal case. That in fact, you find out that at least 7 partners of Hinshaw & Culbertson's Rockford's office contributed money to Judge Prochaska's campaign.
Thomas Lester of Hinshaw & Culbertson, who is one of the main perpetrators in your complaint to Paul Logli, personally contributed to Edward Prochaska's campaign -- the judge in your criminal case.
PAUL LOGLI NOT CHOSEN FOR THE FEDERAL BENCH
Paul Logli ignored your pleas for investigation of the stealing of the property that was in progress. He ignored the federal law that deprives the bankruptcy court of authority to undo a state court judgment. He then decides that he wants to be appointed to the federal bench in the federal district court in Rockford, IL. That position is available because federal District Judge Philip Reinhard is retiring. Upon information and belief Judge Reinhard's son works in Logli's Office as an assistant state's attorney.
Federal District Judge Reinhard heard appeals that you and the lawful owner of the subject property filed. Judge Reinhard dismissed one of those appeals on the basis that the sale of the property doesn't have to be lawful as long as it is authorized by a judge. According to Judge Reinhard, after a bankruptcy trustee has sold property, there is no redress. Bankruptcy trustees and bankruptcy judges know how to rush sales to protect their property stealing schemes.
That in fact, a motion opposing the sale, postured as a motion to stay sale, was presented to bankruptcy judge Manual Barbosa with a motion requesting approval to file. Judge Barbosa denied leave to file that pleading. Bankruptcy trustee Thomas Lester argued on appeal that the appellant failed to gain a stay of sale. Judge Reinhard bought Lester's argument.
Wellsofjustice.com has researched Judge Reinhard's decisions on appeals of Judge Barbosa's orders for several years. Not one debtor has ever prevailed. Judge Reinhard dismissed them all, and even threatened some debtors with sanctions if they filed any more appeals.
Your criminal case has continued for 5 1/2 years. You are 67 years old. Paul Logli has spent much time and money prosecuting and trying to convict you despite his numerous public claims of a shortage of money and personnel necessary to operate his office.
If convicted, the maximum sentence you can receive for "destroying property," i.e., soybean seeds, is five (5) or six (6) years. Yet, the case to prosecute you has continued longer than the maximum sentence. Maybe Paul Logli has waited until the building of the larger jail in Rockford is complete to house all those purported violent criminals that the smaller jail did not have room for.
Thank you, taxpayers of Rockford, for approving and paying your 1 percent sales taxes to build a larger jail. Now, you can see your tax money at work.
FBI GIVES NEW MEANING TO BANKRUPTCY TRUSTEE FRAUD
Criminal intent --- something that even the FBI does not investigate when it concerns bankruptcy trustee corruption. They don't care how those trustees come into possession of assets, as long as a bankruptcy judge signs the order. Then, it's not a criminal matter because they have a signed court order. As a judicial matter, law enforcement lacks jurisdiction to investigate. Litigants have to pursue the appellant process among crony judges who protect each other - - and those harmed or damaged must have the knowledge, money and time to pursue the appellant process.
ONE BAD APPLE SPOILS THE BUNCH
As the public generally understands, there is no such thing as a good cop -- bad cop. They are simply roles played to get those accused of criminal activity to incriminate themself or to enter a plea bargain.
Good apples cannot remain good when placed in a barrel with a bad apple.
If there is a good apple that has not been tainted by this barrel of bad apples, please come forth.
FOLLOW THE MONEY
About $325,000.00 was obtained from the sale of the Thousand Hills Trust property. Virtually all of that money went to those involved in the sale.
$12,147.16 went to Thomas Lester as bankruptcy trustee.
$51,524.47 went to Hinshaw & Culbertson, Thomas Lester's law firm.
$46,078.47 went to McGreevy, Johnson & Williams, the firm in which Daniel Donahue is an attorney.
$1,880.00 went to RSM McGladrey, Inc., an accounting firm employed by Thomas Lester.
$16,012.09 went to Hack's Auction and Realty, the auctioneer employed by Thomas Lester.
$15,067.30 went to State Bank of Davis c/o McGreevy, Johnson & Williams.
Other amounts went to surveyors and such.
What happened to the balance? It was put in a check made payable to Harriet P. Vance in her personal capacity, and turned over to the clerk of the bankruptcy court because she refused to accept and negotiate it. Harriet did not sell Thousand Hills Trust property -- it was stolen from her by the bankruptcy trustee and his attorney representing the State Bank of Davis as a secured creditor in the bankruptcy case. The check did not acknowledge her as Trustee of Thosand Hills Trust -- the judicially determined sole owner of the subject property. The check may have been intentionally made out that way to circumvent 736 ILCS 5/2-1403, which is pertinent state law pertaining to property in a Trust.
Knowing about that money sitting in the bankruptcy clerk's office, a renter of farm property from Thousand Hills Trust filed a civil action. That farmer, Jim Blunt, had given bankruptcy trustee Thomas Lester money to void his non-debtor lease with non-debtor landlord Thousand Hills Trust. Jim Blunt and Pecatonica, IL attorney Janet Fuenty were awarded approximately $140,000.00 of the unclaimed money.
To this day, you and the Trustee of Thousand Hills Trust do not know how the Title company disbursed money to another party that the judicially determined legal property owner maintains represents money extorted by the bankruptcy trustee under color and claim of official right of the bankruptcy court.
IN ONE BARREL
Thomas Lester is or has been an attorney for the Rockford School District, and is or has been an attorney with the Greater Rockford Airport Authority. As attorney for the Rockford School District, Thomas Lester represented the School District in the suit against them for racial discrimination, the results of which led to an increase in property taxes to pay for the District's damages.
You have submitted complaints and copies of pleadings to Lisa Madigan, current Illinois Attorney General for investigation. Based on the silence of her Office, it appears that information will be used to defend, rather than investigate, the alleged perpetrators. How can Lisa Madigan investigate parties, one of which is a partner of the law firm that is first on the list of the state's special state's attorneys?
The office of the Illinois Attorney General practices a conflict of interest towards the citizens of Illinois. That office provides defense attorneys for state judges and public officials who are alleged to committing crimes. So, one office has the responsibility of investigating as well as defending public officials accused of using the power and authority of their public positions to commit crimes.
You consider that maybe Lisa Madigan should have a talk with or take an example from the Attorney General of North Carolina, who demonstrates fair and impartial justice in the Duke University Lacrosse players case by investigating the prosecutor's "rush to judgment" in the sense of ignoring evidence.
So, you pulled up some soybean plants almost 6 years ago. The farmer alleges to having insurance, but the insurance company does not proceed against you. It's more convenient to have Paul Logli's office prosecute you on criminal charges -- to lock you up to teach you a lesson about filing complaints with his office alleging that his cronies commit crimes.
Your trial is scheduled for April 23, 2007 at the Winnebago Court House in Rockford, IL. If you were Clarence L. Vance, what would do?
UPDATE! Judge Prochaska found that his receiving campaign contributions from attorneys of Hinshaw and Culbertson caused no conflict of interest in the case against Clarence L. Vance. Assistant State's Attorney Charles Prorock raised no defense to his receiving campaign contributions from attorneys of Hinshaw & Culbertson, effectively placing Clarence's allegations in a black hole.
Although Clarence filed a Notice of Appeal to Judge Prochaska's order, Judge Prochaska proceeded to trial, and the jury found Clarence guilty of criminal damage to property. Clarence was deprived of opportunity to testify concerning the Trustee's Title issued to Alan Miller which was the only "evidence" presented to the Grand Jury used to indict Clarence.
Since that time, Paul Logli, State's Attorney for Winnebago County, IL, has announced that he is retiring, but interested in an appointment to the bench to replace a retiring state judge.
|