People of the State of Illinois vs. Hernandez (07MC119441701) and Federal Case (09CV661)

My nightmare began on February 2, 2007. I, along with several others were invited to attend a court proceeding at the Richard J. Daley Center in Chicago, IL. We all arrived and took our seats inside the courtroom as court was getting ready to begin. The woman who invited us, Dr. Sheila Mannix had told us that she was afraid. Court got underway, the lawyers and the judge talking. One of the lawyers, known to me now as David Wessel, sets in motion one of the most terrifying experiences I have had so far in my life. There was a courtroom bailiff, Deputy Eric Gross. Wessel walks over to Gross, whispers something to him and they both turn and look where we were sitting. By this time, Dr. Mannix is before the judge arguing her case. The judge is being very nasty to Dr. Mannix, he orders her out of the courtroom. As Dr. Mannix is being escorted out of the courtroom by two deputies, I and the others follow me out into the hallway to see if she was okay- she was crying and very upset. As we are passing the threshold of the courtroom into the hallway, we hear Deputy Gross talking into his radio stating that he has a disturbance in the courtroom. Within seconds, we were descended upon by multiple deputies. The deputies tell us that we have to leave the building or that we would be arrested. (Arrested for what??) The next thing heard is Cook County Sheriff Sergeant Boyd tell the deputies, "Get them out of here". We had a constitutional right to be there, we were not disturbing or bothering anyone. They just did not want anyone there to witness the lying and cheating that goes on in not only that courtroom, but courtrooms across the country!

I was then grabbed in a headlock position and my arms were twisted behind my back and then I was taken downstairs. I was released a few hours later. (While I was in custody, I was not allowed to make a phone call to let my family know where was.) As I left the building and was walking across the street, I waved to Sgt. Boyd and another deputy who was standing on the main level of the Daley Center. As I waved, I took out my cell phone to make a call. (The way the phone was positioned my hand, these goons thought that I had took a picture, but I will get to that later). The next thing I know is I was tackled from behind by two deputies. I said, "Now what?", and they said, "You took a picture, that's illegal" and "You struck an officer", I told them that I did not strike anyone, I had put my arm across my face as I was being tackled, I did not know what was going on. Then the two deputies tell me, "Oh, now you're going to do some time." Then I was arrested for the second time.

Shortly after being arrested, I began to have chest pains. I was put into an ambulance and taken to Northwestern Memorial Hospital where I was shackled to the bed for hours. One of the doctors finally let me make a phone call to my wife. I spoke to her in Spanish. One of the deputies near me, Deputy Johnson began counting the seconds and hung up the phone. He then threatened me by saying, "Stop doing that, or you'll see what I do to you." At some time I was taken in an elevator to another floor, Deputy Morrissey accompanied me, the whole time I am shackled. He claims that I flailed my arms and the handcuff struck him in the hand, so I get charged with battery. If I am handcuffed and shackled, how can I strike him?

After 19 months of going back and forth to court, continuance after continuance, all of the courtroom shenanigans, incompetent lawyers, my trial finally commenced on 9/2/08. I had previously selected a jury trial, and as most of us know the judge's job is to remain impartial, it is the job of the jury to find beyond a reasonable doubt if I am guilty. Judge Donnelly had it in his mind already as to what my fate was. See, I had gone up against Judge Donnelly in another case that had nothing to do with this case. Judge Donnelly did not remain impartial, he sided with everything that the state said, did not object to anything, he overruled much of what Russ Stewart objected to -- that is when he did object. Cook County Illinois made my case a spectacle. If you watched the video on YouTube, titled "Trial by Crooks (not jury)", I talk about the t-shirt I wore, how the judge wouldn't allow me into the courtroom with it on, and if he did not either take it off or turn it inside out, the judge would hold me in contempt and throw me in jail for 7 days (This happened on 8/29/08). So I decided to turn it inside out because the trial would go on with or without me. (I could be tried and sentenced in my absence). At one point in the case when Judge Maria Kuriakos-Cecil was on the bench (before I SOJ'd her), she ordered me and my wife to a BCX. My wife had nothing to do with the case. And when I brought this up to Judge Donnelly, he simply said, "Oh, it must have been a mistake." They did not order my wife once, but twice to take the exam. What does my wife have to do with it, she was not the one on trial.

WRITTEN INSTRUCTIONS FOR RUSS STEWART #1 (Click Here)

WRITTEN INSTRUCTIONS FOR RUSS STEWART #2 (Click Here)

MY COURT ORDERED BCX (Click Here)

MY WIFE'S COURT ORDERED BCX (Click Here)

MY WIFE'S 2ND COURT ORDERED BCX (Click Here)

If you have watched the YouTube videos on, www.youtube.com/injusticexposed, you have become familiar with me and my battle with the Cook County Sheriff Department and the crooked judges of the Circuit Court of Cook County, Judge Maria Kuriakos-Cecil, Judge Thomas More Donnelly, and a few others. As you may know I was wrongfully convicted of false charges which included "trespassing to state supported land, resisting arrest, and battery. I spent 30 days in the Cook County Jail. I was released on October 2, 2008. During my sham trial which the state of Illinois put on, my incompetent lawyer, Russ Stewart seemed like he did everything that he could do to get me convicted. Instead of doing what he was a being paid to do, he did not file any motions, he did not object to much of anything which the state said. He pretty much handed everything to the state and allowed them to convict him. The judge would not allow me to get adequate counsel. Judge Donnelley forced me into keeping Stewart, since he was doing such a good job for the state.

I am now in the process of suing all of the conspirators and co-conspirators that framed me and wrongly convicted me. The links to the documents in the case are listed below. I filed this case on 2/2/09 at the Dirksen Federal Building, I had also applied to proceed Informa Pauperis. I was told that the judge would have to rule on my Informa Pauperis before I would receive a date for my lawsuit. On March 26, 2009, I received a response from Judge Marvin Aspen. The judges which I was assigned when I filed my suit were Judge Manning and Magistrate Judge Valdez. The changing of judges without any notification, to others it would have been puzzling. I knew who Marvin Aspen was. He had something to do with the Shakman Decree, which I have been fighting for years with Eugene Wzorek. At the time when Michael Shakman was fighting to get his decree passed, Marvin Aspen was then Corporation Counsel for the City of Chicago. (see www.youtube.com/injusticexposed look for "Honorable??" Judge Marvin Aspen and Shakman" videos) He left his position there just before the Shakman Decree was settled. The response that I received from Aspen is listed below in a link. I in turn filed a "Combined Motion for Extension of Time and Clarification of Order of 3/23/09" (link below), it was set for hearing on 4/23/09 at 10:30 am. I along with a few others accompanied me to court. We arrived a few minutes early, checked the touchscreen in the hallway to make sure I still on the call. We waited and waited, the doors to the courtroom were locked. At approximately 10:45, I went to the Judge Aspen clerk's office next door to his courtroom to inquire why no one was in the courtroom. The lady told me that he was out of town, and that no motions should have been accepted for this date, the clerk's office should have known better. She claimed that the information that Aspen being out of town was posted on the website. (I did not see it listed on the website). Another one of their games they are playing. She then said to re-motion the motion for Tuesday April 28, 2009. Which I did. Later I find out why the original judge who was assigned to my case, Judge Manning was switched. She recused herself because, "One of the court's relatives is employed as a Cook County Sheriff." This document is found below in a link.

HERNANDEZ V. DART, ET. AL. (09C661) (Click Here)

RESPONSES TO MY 1ST APPLICATION TO PROCEED INFORMA PAUPERIS (Click Here)

ARDC SEARCH ON MARVIN ASPEN (Click Here)

US District Court Judge Marvin Aspen (1) Click Here

US District Court Judge Marvin Aspen Click Here

JUDGE MANNING'S RECUSAL (Click Here)

DOCKET AS OF 4/23/09 (Click Here)

RE-MOTION TO 4/28/09 (Click Here)

On 4/27/09 at 1:44 pm, Gladys Lugo, listed on the federal court website at (http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx), she called me on my cell phone and told me that Judge Aspen had to review my motion and for me to check the minute entry. I did not have to appear in court on 4/28/09. Below is Aspen's response to my motion, however he has not ruled on my 2nd application to proceed Informa Pauperis.

JUDGE MARVIN ASPEN'S RESPONSE TO MY COMBINED MOTION (Click Here)

RUSS STEWART'S MOTION TO DISMISS (filed 4/30/09) (Click Here)

On 5/29/09 I filed the following motion for extension of time and I wanted to make sure that everyone named in my lawsuit was or will be properly served (David Wessel was issued a Wavier of Service via Certified Mail, it was received by his office {see below}- however he has yet to return it). My motion was set to be heard June 9, 2009 at 10:30 before Judge Aspen. The clerk in the office allowed me to file my motion, however she said that the summons' could not be served until Judge Aspen ruled on my second Informa Pauperis. It was filed on April 6, 2009. On June 4, 2009 I received a response from Judge Aspen regarding my motion, it is listed below. I received a response on June 19, 2009, It is listed below as Judge Aspen's Memorandum and Order of 6/10/09

5/29/09 MOTION FOR EXTENSION OF TIME (Click Here)

JUDGE ASPEN'S RESPONSE TO MY MOTION FOR EXTENSION OF TIME (Click Here)

CERTIFIED MAIL RETURN RECEIPT FOR DAVID WESSEL (Click Here)

Below you will find a link to the transcripts of the day I was in court as a Court Watcher for Dr. Sheila Mannix. I sent a copy of the transcripts along with the audiotape which corresponds along with the transcript to the ARDC. This will be my second request for an investigation into David Wessel. The first complaint and the ARDC's response and my second request can both be viewed below. If the people at the ARDC listen to the audiotapes and read the transcripts, they will see that I did not cause a disturbance, nor was I removed from the courtroom. After reading the transcript and listening to the audiotape, if they still decide to nothing to David Wessel, then they are just as guilty as Wessel is. Wessel deserves to be disbarred for what he has caused to happen to me, I lost my wife of 29 years, my business has suffered severely, my whole life has been turned upside down.

TRANSCRIPTS OF 2/2/07 COURT PROCEEDING MANNIX V. SHEETZ (Click Here)

1st ARDC COMPLAINT AGAINST DAVID WESSEL AND THEIR RESPONSE (Click Here)

2nd COMPLAINT TO ARDC AGAINST DAVID WESSEL (Click Here)

With this complaint I also enclosed a copy of the transcripts and an audiotape of the court proceedings of 2/2/07

ARDC COMPLAINT AGAINST RUSSELL J. STEWART (Click Here)

RUSSELL J. STEWART'S ARDC RESPONSE (Click Here)

MY RESPONSE TO RUSSELL J. STEWART'S ARDC RESPONSE (Click Here)

ARDC'S RESPONSE (Click Here)

I received the Attorney Registration and Disciplinary Commission on the Supreme Court of Illinois's response, listed directly above. Their poor excuse of an answer for ineffective assistance of counsel according to Richard S. Thomas, Administrative Counsel for the ARDC is that it is, "appropriately addressed and resolved in the courts through motions, appeals, petitions for post-conviction relief and other legal actions." This is ridiculous, they are going to take care of Russ Stewart, the "prestigious Part Ridge, Illinois Attorney", by not doing anything to him, reward him for screwing me and other clients he has had. If the ARDC is not going to do their job, they need to be disbanded. And as for my second complaint which I filed against David Wessel, the weasel who started my nightmare, I still have yet to hear anything. The ARDC complaint against David Wessel was mailed out on 4/21/09 and the complaint against Russ Stewart was mailed on 5/11/09. They were quick to shut down my complaint against Russ Stewart and one important thing that the ARDC failed to do was answer the affidavit. This is the exact thing that happenend to Eugene Wzorek and Dr. Sheila Mannix when they filed complaints to the ARDC, their affidavits were ignored, because they too are fighting corruption. There is nothing difficult about this, but the ARDC is no better than the crooked lawyers that they claim to "investigate". These lawyers are going to remain crooked for as long as they are allowed to. They go from being crooked lawyers to crooked judges.

DR. MANNIX OFFICIAL NOTICE OF ALLEGED FEDERAL CRIMES UNDER 18 USC 1961-1968, A COPY OF WHICH SHE GAVE TO RUSSELL STEWART (Click Here)

JUDGE ASPEN'S ORDER AND MEMORANDUM OF 6/10/09 (Click Here)

It is a conflict of interest for Judge Marvin to be on my case, because he had a hand in settling the Shakman Decree. This site talks a lot about the Shakman Decree (Shakman Case). Eugene Wzorek is the only person to ever win a Shakman case, but if you read his case, he was cheated out of his award. I filed a Motion for Substition of Judge of Cause w/ Supporting Affidavit Incorporated. When I filed it, I left the judges name blank, because Aspen was not supposed to be the judge hearing the motion, (If the motion for substitution of judge on account of the prejudice of the judge is in compliance with the Act, {Civil Cases: 735 ILCS 5/2-1001 et seq. and in Criminal Cases: 525 ILCS 5/114-5.} the right of the party to a substitution of judge is absolute and the trial judge loses all power and authority over the case except to make the necessary orders to effectuate the change. The denial of the motion may constitute reversible error. People v. Davis, 10 Ill. 2nd 430, 140 N.E.2nd 675 (1957). The case must be assigned to another judge. If the substitution of judge is requested for cause, the matter must be transferred to another judge for purposes of conducting a hearing on the issue of prejudice. I told the clerk this and he said, well who is going to hear the motion then, you can't just pick your own judge. My motion ended up being assigned to Judge Aspen, to be heard on July 16, 2009, at 10:30 am, the same day that I go before him for a status hearing.

MOTION FOR SUBSTITUTION OF JUDGE OF CAUSE (filed 7/9/09) (Click Here)

US DISTRICT COURT CLERK IS DIRECTED TO ISSUE SUMMONS AND COMPLAINT TO THE U.S MARSHALL'S SERVICE FOR SERVICE ON THE REMAINDING DEFENDANT'S IN THIS CASE (Click Here)

On the morning of July 15, 2009 at 9:37 am, from the number of (312) 435-6199, a lady called and told me that I did not have to come to court on July 16, 2009 and that the case has been transferred to Magistrate Gettleman and that I would receive something in the mail letting me know when the next court date was. Based on this telephone call, Judge Aspen received and read my motion to SOJ him, and he has decided to recuse himself based on what my Motion for Substitution of Judge of Cause with Supporting Affidavit Incorporated said. You can view it, by clicking the link above titled: "Motion for Substitution of Judge of Cause with Supporting Affidavit."

JUDGE ASPEN DOCKET ENTRY OF 7/15/09 (Click Here)

COOK COUNTY STATE'S ATTORNEY MOTION FOR EXTENSION OF TIME TO ANSWER (Click Here)