Perhaps a chronology of some of the events in the last five years leading up to present will enlighten my readers as to what cumulative events created and sabotaged my good faith efforts as a citizen and as a businessman in the community.
On or about July 12, 1995 this company's post
office box # 72 held for approximately 10 to 14 years
was improperly taken from my use by the Lemont, Illinois
United States Post Office. I have been involved in
investigations especially in the last two quarters of 1995
and the first quarter of 1996. Formally I have still
claimed same post office box for legal and litigious
reasons yet to be set forth in another jurisdiction. I
have not received proper follow-up from the agencies
that handle such criminal activity and resultantly
my business activities were crippled, established
mailing lists stymied and cash flow hampered.
In another realm I received over zealous negative
attentions from my then bank of approximately thirty five
years and my bank accounts were improperly closed out
without amicable phone notice in light of a mail problem
above noted and related to them. My financial end of
my business was then crippled as to being able to
negotiate customer checks so to pay my bills. Banks in
general, when used to cash customer checks at banks of
issue, started to be over zealous in their requirements
for check cashing and often refused creating further
crippling of my efficient operation of my business.
Customer checks were frequently being kited further
delaying my business.
Advertisers were not following through with their
contractual obligations as well as amicable obligations
to communicate and respond to reasonable concerns.
I was arrested for using a legal series 1950 twenty
dollar bill and needless to say defamed in the geography
of my business due to over zealous business persons and
police in early 1997.
I was then entrapped and arrested in a phony
criminal trespass charge on June 23, 1997 by over
zealous police officers when I was invited to come to
the property of an advertiser, who defaulted on a
contract, so to pick up the money that was due me. (See
the Dorta Chronicles).
Since June 23, 1999 in pursuit of my defense in the
Dorta case I have been harassed and intimidated with
arrest by over zealous Dupage County Sheriff's Police
in the Dupage County Courthouse especially during same
cause of action. (See Harassment: Certain Dupage
County Law Enforcement selection).
In the Dorta case I was put through needless research
and business loss due to having to present a motion to
the first Judge in the case as directed by him. He later denied
that motion with the admonishment to go to the public defender
supervisor and ask permission. That admonishment
could have been the directive in the first place when I
requested a substitution of public defender. I had
fired his original public defender due to what appears
to be his dishonesty with me as to the statute of
limitations on obtaining a change of venue of which I had
requested.
This same Judge again put me through needless work
when he refused to direct the public defender to give me
a simple evidence receipt in lieu of the taped evidence
I possessed and wished to turn over to him.
Needless to say I moved for a recusal of this Judge who refused to recuse himself but instead took a reassignment to another court.
In spite of all the complications that had drained
and defamed me, the third Judge did not want to hear
about same previous issues that directly effected my
functioning properly and with Due Process before same
Court.
On or about November 1, 1998 just a few days before the trial date of November 5, 1998
I was given notice by the landlord to pay her suddenly inflated bill in total or be out in five days. (10-2-99)
The third Court had me arrested twice,
(approximately August 25, 1998: for 23 hours and
November 5, 1998 for approximately 26 plus days) ,
right out of the
courtroom, and incarcerated me for approximately 27 plus
days in a cause with a non-jailable penalty due to in
fact my being merely tardy with prior notice of
legitimate delay to the Court.
During incarceration I
received summons in forcible entry and detainer and the
Court continued my incarceration. I was led to believe,
while I was being incarcerated for 26 days, that the trial was indefinitely
continued in spite of my
eviction hearing that curiously
was scheduled on the same date as the last trial date
setting in this "criminal" cause : November 30
, 1998.
I was forced, under great and immeasurable stress, harassment and also deprevation of reasonable civil rights,
to try to prepare a criminal
trial defense with a very limited
access to a jail law library that was clearly not geared
to be used by the short term prisoner. Resultantly
I did not know all my rights and privileges available to
me at trial.
A teacher friend of eight years died in the wee
hours of December 1, 1998 while I was incarcerated and
I had no knowledge that he was even hospitalized.
Resultantly, I was in a bit of shock when I went over to
his home immediately after my release on December 1,
1998 and was told by the landlord that he had died and would be waked and his funeral had within the next few days. I attended that wake and funeral.
Just a day or so later I was attacked and
threatened in my own office building by a tenant.
A few more days later I was informed that one of
the landlord's agents had a gun in his possession.
On December 7, 1998 I had to appear for the hearing
on forcible entry and detainer. There after I had to
prepare for a sudden eviction if my counter case
claiming unclean hands against the landlord did not
prevail.
All during this time I had to research and prepare
for a rehearing in this case, to overturn the verdict or
obtain a new trial in a criminal cause of action with a
jury, of which I had never prior had experience.
The weather was so extreme and deathly on those
court days that even my bicycle would not operate
properly due to same coldness resulting in very
laborious and slow progress when used. I believe the
chill factor on the week preceding and including
December 31, 1998 was around a negative 50 degrees with
snow levels that had exceeded record levels in 20 years
in which I had to travel in excess of seven miles each
direction from and to Naperville to and from the Dupage
County Court Complex.
I left my office immediately after
calling the Clerk of the Circuit Court Dupage County to
verify that indeed they were open under such bad weather
conditions at 3:40 P.M. which should have been enough
time to arrive and file a timely post trial motion for
the overturn of the verdict or ask for a new trial. Same
was needed due to the fact that, in spite of tape recorded
evidence that clearly cleared my name from the criminal
trespass wrap, and the fact that Ms. Dorta and the police
officer both lied under oath, I was found guilty.
Same motion was not filed on December 31, 1998 due to my
arrival at the court house five minutes after it closed.
It then took approximately two and a half hours to dry
out my clothes with the permission of the sheriff in
charge at the building due to my very wet condition and
due to the deathly cold that would have frozen me before
I would have reached my office on the way back seven miles
on my bicycle.
In December and January I had to rely on approximately
only $10.00 for all my financial needs and thus had to
use the food pantries for subsistence.
In spite of all the exceptionally negative circumstances the Court
refused to allow my late motion which was filed January
4, 1999 the first business day after December 31, 1998.
(See Dupage County 97 CM 3583. Same I am now appealing
from but have already suffered another set back due to
a one day late filing of the notice of appeal due to
bad bus connections out of Chicago where I have been
staying in a shelter.)
During this same December period noted above I was
also entertaining the eviction suit and had to attend
same under similar conditions.
On December 14,1998 I was threatened by the
landlord who told me in the assignment clerk's office
that "I belong in a box buried". Same was said in the
hearing of courthouse personnel.
I held off the eviction
until February 3, 1999 when I was illegally evicted by
Judge Moy of whom I understood was the Presiding Judge of the Law Division
in Dupage County. I was not given notice of an ex parte
hearing ruling the same day it occurred and was suddenly
evicted the next morning with only two choices: either
leave or go to jail.
Even an attempt to get a Federal injunction was
thwarted even though Judge Moy had clearly denied me a
duly written request for jury trial, not to mention the right to present evidence, present case law in my favor, belittled my case before the full court as unimportant and wasting the court's time preventing important cases from being heard. As well as forcing me to trial thus "railroading and hog-tying" me, and "violating the laws of the State of Illinois" as he was challenged.(See Dupage County 98 LM 3520).
During the eviction the landlord and her agents
were allowed to peruse through personal files and other
property over my objection as well as completely
disassemble my file, library and other office
organization that could have been moved without same
disorganization. Privacy was breached and the sheriff
supervising same eviction often sat in his squad playing
solitaire on his squad computer. Theft did occur and it
will take years before I will be able to physically take
inventory and reorganize same office to determine how
extensive the theft extended.
All my property was hauled piecemeal to the back of
the property on February 3, 1999 in the midst of the
changing weather and put by a dumpster where I had to
make a makeshift shelter so to keep my property from
being stolen by agents of the landlord as well as others.
Twice during the wee hours of the night attempts were
made to steal property. Property has been noted missing.
The weather was so cold that I was on the verge of
hypothermia during the two overnight stays.
Which brings us to the point where two men came to
help me move my property to a storage and help me get to
the Dupage County P.A.D.S. facilities. (See Storage Background
Scenario).
smail@dr.com
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