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Desecrated Sixth Amendment
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Last updated: Sunday, December 27, 2009 15:43:07

Statement of Facts

The facts presented here prove that Judge Michael McCuskey, Judge Peg Breslin and Judge Tobias Barry all took a bribe from Duane Thompson on November 18, 1993 during an oral argument to get their names into three law books in the case Wittekind vs. Rusk 253 Ill.App.3d 577, 192 Ill.Dec. 467, 625 N.E.2d 427.

During an Oral argument and shortly after Judge Michael P. McCuskey took a bribe from Duane Thompson he said to me that "you can make assumptions about the probable cause from the opening remarks" without realizing there were two things wrong with his statement that prove he abused his discretion when he took Duane Thompson's bribe.

The first thing wrong with Michael McCuskey's statement was he assumed Duane Thompson had represented the Mack vs. First Security Bank of Chicago properly because the reality was Michael McCuskey had no legal authority to make assumptions about facts that could be used to prove a total lack of good faith in a malicious prosecution lawsuit as proven by the principles of law that reversed and remanded the legal precedent that Duane Thompson claimed supported a "Directed verdict."

The second thing wrong with Michael P. McCuskey's statement was he assumed that the probable cause in question favored Beverly Rusk when in reality the probable cause favored a prosecution of Beverly and Ed Rusk for perjury and obstruction of justice and all they had to do to see that for themselves was allow the probable cause to be transferred from the jury trial I won into the malicious prosecution lawsuit.

As for the "Evidence of Malice" there was more than one way to prove malice as proven by the principles of law in the legal precedent that Duane Thompson misrepresented and one of them was to simply enter evidence that proves a total lack of good faith in the prosecution because malice can be inferred from that.

The exhibits that I used to win a jury trial 12 to 0 that included the statement of facts on the mind of Judge Brinn and John Kinser can be found at::

For a page showing how three other Appellate Court Judges fell for Duane Thompson's misrepresentation of the law and his complete misrepresentation of the facts see:

The bottom line is that three misguided judges that took a bribe from Duane Thompson didn't care about the law or the facts they just wanted their names in three law books.

About the Bribe Duane Thompson used to establish Case Law

Duane Thompson's bribe was something to the effect of "If you maintain the verdict of three other judges you can have your name in three law books" but he failed to inform the three Judges that took his bribe that the earlier three judges had fallen for his incorrect representation of the Mack case and even helped him falsify perjured testimony used by the State as proven by my "Petition for Rehearing" in case 3-91-0162. 

All the three judges had to do to get their names into three law books was to throw out the arguments that Duane Thompson waived because they would have proven Duane Thompson had a reckless disregard for the law and a reckless disregard for the facts.  Using S. Ct. Rule 341, a point not argued on appeal will be considered waived. Walker v. Marcin, 1974, 24 Ill. App.3d 791, 321 N.E.2d 406. A contention neither advanced nor argued in brief should be deemed waived on appeal. People v. Brady, 1974, 23 Ill.App.3d 330, 318 N.E.2d 642.

All my arguments in the Appeal were numbered so it was very clear which arguments Mr. Thompson had waived and the arguments that he waived all happened to be all the arguments dealing with the correct representation of the Mack vs. First Security Bank of Chicago and the facts.

As for how Duane Thompson misrepresented the law.  All that is needed there is to look at the correct verdict of the Mack vs. First Security Bank of Chicago and what exhibits were used to completely impeach all three of the State's witnesses in an earlier jury trial with prior inconsistent statements because those exhibits were facts on the mind of the prosecutor and they prove a "Total Lack of Good Faith" in the prosecution for two different jury trials..  Exhibits at: http://SlimeFest.com/Exhibits.

Duane Thompson misrepresented the facts because there was "Evidence of Malice."  Judge Telleen proved he would have accepted the word "faggot" as Evidence of Malice."  From page 28 line 16.

and on page 30 of the transcript we have Beverly Rusk admit to using the word "faggot.":

The honorable court should have disregarded Duane Thompson's reckless disregard of the facts and his reckless disregard for the law then used the term "Res Judicata" with the Mack vs First Security Bank of Chicago to "Reverse and Remand."

Duane Thompson should spend time in jail for "Theft by deception" because the sanctions his client received were based on a bribe given to three Judges in the Appellate Court, his reckless disregard of law in the Mack vs. First Security Bank of Chicago and his reckless disregard of why Beverly Rusk was using the courts to prevent me from answering her daughter's questions in the first place.

As a side note:  Two attorneys that previously helped Beverly Rusk abuse the process have already spent 3 years in jail.  They were Richard Coppula and Joe Trujullo.

The following is what the judge that brought charges against me said about this case:

To put it mildly, you were handed a win due to an error committed before you were charged, and an error that is well documented on your own site, and nothing more. The error was unknown prior to you being charged, and that's all I intend to offer in a public forum about the events of that day.
Above is found at:
or you can go to http://groups.google.com/advanced_search
and search for latest of 5 post from the email address jbrinn@ill.gov

but Judge Brinn's big mistake was to assume I would fall victim to the exact same tricks that he helped the now disbarred Richard Coppula play on me in an earlier jury trial.