Thursday, May 28, 2020

CHRISTY LENHARDT EMAIL #7

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law.

In an email on October 25, 2016 at 10:02, Lenhardt wrote to her patient:

            "Now I'm in the bathtub thinking of you touching me all over. We'd be wet and our skin would be glistening and our hands would be sliding all over each other. We'd be kissing like we never kissed before, from all vantage points and then yourmouth would be on my neck. You'd move down to my breasts with your lips and your hands. One hand would slip downward between my legs making me moan. Our kissing would get hot and our breath come faster. I'd touch you and I'd say, now do it now. Then you'd slide into me and you'd move slowly at first and then faster. The friction and electricity making us burn like stars. We'd look into each other's eyes and profess our undeniable love, our bodies moving perfectly together as if we were made to fit together. Then we'd dry each other off and move to the bed where you'd pull me on top of you, my hips moving until we both came in a crashing crescendo, crying out each other's names. We'd lay in each others arms after our vigorous lovemaking, caressing each other. My body fitting into yours, I'd feel safe against your chest in your strong muscled arms listening to your heart beat and the way your voice sounds through the walls of your chest.


"It's still Saturday lol. I'm sitting in my family room chair. My husband went upstairs to take a nap. Joe just came downstairs as I'm rereading this email. A bit weird. Now Ryan is down here too and he turned on the TV. I guess it's better than playing that video game. We are leaving for my parents in 20 minutes. So much for my peace and quiet. I texted my sister about her flight. Everything is in the works for Monday. Her youngest, Jonna, is taking her to the airport. My mom just called. She sounds really stressed. Never heard her quite so stressed. Not much time left. I have to go. I'm sure getting good at writing emails on my phone!


"My mom was very stressed but she seemed to get less so during our visit. It was nice. Watched the Cubs win. I enjoy watching baseball more than I thought I would.


"So what do you think of my little narrative above before the family stuff? I don't know if all this is good for us. It might be like the hype before a movie. You expect it to be so good and then it doesn't match your expectations. Among other reasons. All that hype and all we can do is look at each other all googly eyed. Although I love that too. I love being in love with you. It makes me giddy and happy like a teenager. As you know every night and every weekend I get hit with the reality of us, so unfathomably (that's not a word lol I made it up but unfathomable is a word) unexpected and rare but absurd and illicit to the world. I still fight with this no matter how hard I try to chill...lol.


"Here's what I think about. My husband is just a hard working man who tries his best and in his limited and lacking way he cannot give me what I need, nor treat me the way I want him to and nothing I do changes that. Or maybe this is what it's like after 25 years of marriage? But that's not what I see on TV. Anyway it's just not in him. So I can just live with that, which I suppose is what alot of women do, or I can follow my heart and live with this on my conscience. It is almost impossible for me not to love you. You are there on weekdays smiling and adorable, handsome and sexy and irresistible. You make me feel wanted and loved, warm and sexy, beautiful and desired, funny and smart, quirky and perfect just the way I am. All the things I want and crave and need so desperately. What is there not to love about that?


"That being said if I leave him for you I face many life changes. The way I see it I could change my whole life and then be left in the dust alone and broken and penniless when your 35 year old ass gets tired of my 65 year old ass. You and I know this is inevitable. My 
kids would hate me for divorcing their father. My friends and family would say I told you so." 

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive, embarrassing or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter absence of any and all medical professionalism, in the so-called "forensic mental health" system which they pay for. What makes these secret emails (secret at the time they were written and sent) startling is the fact that they are from a state social worker to her involuntary, legally disabled patient. I.e., they are NOT private communications between consenting adults. And, Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)

Wednesday, May 27, 2020

FACT (Christy Lenhardt email) #6


Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law. Some of them also evidence what Hannah Arendt famously called the banality of evil.

In an email on October 13, 2016 at 14:03, Lenhardt wrote to her patient:

            "I was more thinking about the age difference. I'd love to match you...but we never shopped for me.

"I came home, washed all the dishes in the sink and had a cup of tea. Ryan is watching TV in the family room so there's nowhere to go for peace and quiet except on my deck. And it's not even quiet out here because my house is off a park and it is noisy. It was nice when the boys were younger.

"Thank goodness it's nice outside. Pretty soon I'll have no place to go. It's a sad state of affairs when I can't do what I want when I want in my own house. Someone has the TV on all the time. I like watching TV but sometimes I like to read or think or sit and write you. Usually I'm cooking but tonight we're having the soup for dinner.

"Anyway I'm complaining. I really shouldn't complain. You did an awesome job today. I'm so proud of you. You are becoming the man you are supposed to be and you've left the bad stuff behind you. You can only go forward now. I refuse to have anything ruin that and one wrong move can do that so that's why I'm changing things around. You got me? I've got your back and you've got mine. We can wait. We have to.

"I was thinking about this morning and how you didn't seem yourself. I was thinking. Did you have to wear handcuffs on your trip? That must have been hard. That is not a part of your identity anymore. It's just a rule they have to follow. Pretty soon it will all be behind you.


"I gotta go."

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive, embarrassing or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter absence of any and all medical professionalism, in the so-called "forensic mental health" system which they pay for. What makes these secret emails (secret at the time they were written and sent) startling is the fact that they are from a state social worker to her involuntary, legally disabled patient. I.e., they are NOT private communications between consenting adults. And, Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)


Tuesday, May 26, 2020

FACT (email) #5

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law. Some of them also evidence what Hannah Arendt famously called the banality of evil.

In an email on October 13, 2016 at 14:03, Lenhardt wrote to her patient:

            "Hey you. It's 's me. I'm sitting drinking tea again. I'm really liking having a cup when I get home after all my tasks are done. I washed the dishes in the sink, started Lilly's dinner of chicken breast and rice, started our dinner and talked to Ryan.

"It's really fall. Cold, rainy and the leaves are starting to fall off the trees in front of my house. I'll have to take a picture. It's pretty. I love my trees. My back yard trees haven't turned or fallen yet. I have a burning bush that turns flaming red in the fall. It's not there yet.

"It's so quiet. No TV... yet. Watching TV is one of the favorite activities in this house. I get tired of it sometimes. I don't like the constant noise and distraction. The TV is off during dinner though.

"Your kisses today from the different vantage point were amazing to say the least. I felt that kiss for a long time. However I was sure that someone saw when I saw that someone talking to Tom. It turns out that wasn't the case and we were safe yet again.

"I keep forgetting to tell you that I have the tape and tack you asked for. I'm telling you now so you can remind me.

"Lilly's dinner is done. I think she knows it's for her but it has to cool first. I have to change the setting on my phone so there is no sound when I type. Gonna go and figure out how to do that. I'm running out of things to write." 

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive, embarrassing or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter absence of any and all medical professionalism, in the so-called "forensic mental health" system which they pay for. What makes these secret emails (secret at the time they were written and sent) startling is the fact that they are from a state social worker to her involuntary, legally disabled patient. I.e., they are NOT private communications between consenting adults. And, Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)

Sunday, May 24, 2020

FACT (email) #4

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law.

In an email on October 4, 2016 at 7:46, Lenhardt wrote to her patient:

            "OK Mr. Thoughtful, you gotta stop thinking. I'll try on the jeans. Oh that's hilarious. Maybe I WILL try on the jeans!"

"You were right today. I was ready to strangle someone. What a bunch of hormones can do to a nice person like me. Well I went home and still felt the same, but I started a pot of soup and made myself a cup of tea. Soup making is like therapy I guess and the tea, 2 cups, made me feel better. Your tea drinking is rubbing off on me.

"Thanks for trying to make me feel better today. I'm sorry it didn't work. I guess I'm having some complicated feelings. Do you know that the woman who is always on your mind has just entered premenopause? I never skipped a period in my life except when I was pregnant or nursing! What are we to do with this predicament?" 

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive, embarrassing or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter absence of any and all medical professionalism, in the so-called "forensic mental health" system which they pay for. What makes these secret emails (secret at the time they were written and sent) startling is the fact that they are from a state social worker to her involuntary, legally disabled patient. I.e., they are NOT private communications between consenting adults. And, Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)

Friday, May 22, 2020

FACT (email) #3

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law.

In an email on October 11, 2016 at 11:47 AM, Lenhardt wrote to her patient:

            "If you read only 2 emails Friday then you missed the one below. It wasn't that interesting anyway as it includes my grocery list. Lol

"Thanks for the nice things you said about the other email and the compliment. You are right about the age thing. It was just a really nice compliment.

            "I just got home from work. I forgot my phone and had to drive back and walk all the way back in. I didn't see you when I came back. You must have been in your room. I parked illegally in front of the building so a few of the guys out on their passes saw me pull out as I left. I would imagine you might have heard about it already.

            "I have all these thoughts rolling around in my head and I don't know which one to pull out and share. I can't pull them all out at once because that would be information overload and much like a train wreck....lol.

            "Your question today got me thinking. I guess it is natural for you to wonder. So let me tell you something. I am not completely happy in my marriage. There is so much missing in my relationship that I know I will never have. It's never been that way. I thought it would be that way if I just tried harder or did something different. I thought there was something wrong with me, something I wasn't doing to make him happy and pleased with me. When we met and married I was a people pleaser so I never demanded anything from him. Instead it was me always trying to do what he wanted so I could get his approval and never getting it. I didn't think about what I needed and I always gave up what I needed in favor of his. That is what a people pleaser does. Now I have a life with him and a relationship that does not have the intimacy, fun and passion that I long for. There is so much in me, so much of who I am that is untapped and dormant that I keep hidden or locked inside. You have a way of bringing that out of me. I open myself up to you in ways that I am unable to do with him.

            "So all that being said I am not sure if it is a good enough explanation for what has happened between us. In fact I am sure it isn't. There is no excuse and I should just follow the rules and do what I'm supposed to do. I would understand if you think I should too. You are not locked into this. We are both going to end up being hurt I think. In the end we both will go back to our lives because it's the only thing we can do.

            "I've been writing this email for the last two days. Why do I think of you all the time?"

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter lack of any and all scientific medical professionalism, in the so-called "forensic mental health" system which they pay for. Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)

Thursday, May 21, 2020

FACT (email) #2

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx@yahoo.com. The patient was able to keep all these emails as documents that are proven to be genuine. They evidence outrageous violations of clear policy, professional rules and ethical standards, and criminal law.

In an email on October 6, 2016 at 21:55, Lenhardt wrote to her patient:

"My dad got thru surgery and 3 tumors were removed. He will be clear for heart bypass surgery in 2 weeks. I sat with my mom and drank 3 French Vanilla coffees and I'm wide awake. Even so I think I will fall asleep soon. I passed by you at a little after 8:30 going home. Maybe you caught a little sense or vibe of me as I drove past.

"Goodnight"

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive or explicit sexual nature of some of these communications. The tax-paying public in Illinois needs to know the truth about corruption and utter lack of any and all scientific medical professionalism, in the so-called "forensic mental health" system which they pay for. Christy Lenhardt is far from any singular bad apple. On the contrary, she is typical of the entire rotten barrel.)

Wednesday, May 20, 2020

FACT (Email)

Between September and December, 2016, a Social Worker named Christy Lenhardt at Elgin Mental Health Center, a facility run by the Illinois Department of Human Services, sent a number of emails from an account at the address, christylenhardt@gmail.com, to one of her patients, at the address, xxxxxxxxxxxxxxxxx@yahoo.com. The patient was able to keep all these emails as documents that are proven to be genuine.

In one such email on September 29, 2016 at 17:49, Lenhardt wrote to her patient: “I missed kissing you today. I hope you know how much I missed being close to you and how much closer I would like to get.”

(To be continued, with dates, times and the text of many more emails.... I apologize in advance for the offensive or explicit sexual nature of many of these communications. The tax-paying public in Illinois needs to know the truth about corruption in the so-called "forensic mental health" system which they pay for.)

“It’s complicated.” (The Great Excuse.)

I was just in a staffing (teleconference) which was the perfect dramatization of “complexity” as an excuse for incompetence and coverup of dishonesty.

My clients are constantly dealing with allegations that they have broken “rules” which change and are unwritten, or interpreted differently by different people at different times. The immediate example is contraband. When a judge sees a report saying an NGRI acquittee was discovered to have contraband in his or her possession, that might suggest guns or drugs, which would be a serious threat to safety and a criminal violation of law.

But on the plantation, contraband simply means anything the overseers decide to take away from the slaves. For example, a small packet of table salt is “food,” and food’s not allowed in somebody’s room. Or a cup of coffee, even though a staff member said, sure, take it back to your room with you, don’t worry. Or for that matter, an electronic device that was specifically cleared by security for a patient to have, at an earlier time. All of these items have been labeled contraband in patient records and court reports from Elgin Mental Health Center.

The point is simply to make the patient look like he or she is not following the rules, and to demonstrate that the overseers can take anything away from the slaves, including and especially the chance for freedom, any time they like, for any reason or for no reason.

As I write this, I suddenly recall a time when I was in a similar position. I was a second-year cadet at Culver Military Academy, and I really didn’t want to be there any more. The officers did not like me or my roommate: we were called “hippies” as an insult. (This was 1967-68.) Every morning began with personal inspection of our room, usually by First Sergeant Nick (“Nick the Prick”) Capos. Then once a week there was a more through general inspection. These inspections were searches and opportunities for confiscation of items of our property which somebody considered inappropriate. To be fair though, the actual rules at Culver were pretty standard. They were all written, and I can’t think of much that was ever in substantial dispute. But they sure were applied more strictly for guys like me, who had a “bad attitude” and didn’t relish the nobility of standing at attention and calling upper classmen sir. The officers were absolutely gleeful when they found a violation.

My roommate and I became some sort of clandestine revolutionaries that year. We hated the system and the authorities. My greatest victory was in successfully concealing one substantial item of contraband for most of the school year — a decorative wrought-iron hinge that I surreptitiously removed from the west entrance to Main Barracks one night with a makeshift screwdriver, to leave an obvious gap between the hinges above and below, ruining the symmetry on the left side of the heavy wooden double door. My trophy was three feet long by a foot wide and an eighth of an inch thick. I hid it on the back of my bureau, up against the wall. Everyone wondered who had stolen it, but they never found it. I smuggled it home as a souvenir in June. Ten years later, that door of Main Barracks was still defaced, testifying to my righteous protest against the oppression of short haircuts and uniforms, no girls, frequent military roll calls and marching to meals.

Of course, I was able to convince my parents not to send me back to Culver the following year, and I escaped to a suburban public high school, played football and became a respectable citizen. The slaves on the Elgin plantation have no such recourse, no escape. They are forced to comply, and even when they do comply, it's often no good: psychiatric “diagnoses” are arbitrary and insulting, “treatment” is torturous and permanently debilitating, judges just believe the overseers no matter what the slaves/petitioners say, and Thiem dates are far in the future.

The takeaway from my Culver cadet days is that an underlying resistance, an intractable hostility can bubble up and cause trouble for any repressive system. Every now and then, a slave finds a way to avoid being drugged into sub-humanity. Every now and then somebody comes up with a creative challenge. It's probably impossible to completely suppress human ingenuity and the urge toward freedom, even with psychiatry.

If psychiatry were any kind of help, the Elgin plantation overseers wouldn't have to worry. People are not hostile toward valid help, it doesn't provoke underground resistances. But slaves only find nobility in recalcitrance. The forensic psychiatric system tries to pretend it is helping people who are sick and protecting the community from danger. That pretense is so false, everyone who works in the system knows on some level they are lying. They don't feel good about that, because their first intention was to help. They discover they can't, and they only cause harm in these jobs. Then their only relief is tragic comradeship with others equally disillusioned. The system, the bureaucracy, just makes them all increasingly stupid and cynical together.

Tom Zubik can be so proud of manumitting more slaves from his plantation in the last eighteen months than in the three previous years combined, but he doesn't brag that they were cured of anything, and he doesn't seem to think about having improved treatment. He has only stopped holding quite so many slaves. Vera Hosley can hold onto Marci Webber's legal mail for a few days, but that's not very satisfying if it doesn't provoke Marci enough to forcibly drug her.

The complexity of rules and procedures in a bureaucracy is directly proportional to the lies that have to be told or covered up. The conversation in the staffing about little salt packets or a cup of coffee as contraband was convincing evidence of thick and deep lies on Hartman Unit. Incidentally, a "patient" named Arthur died on that unit recently. I tried to get anyone to say it was not related to COVID19, but nobody uttered a single word in response to that query.

There was a weird movie in 1968, entitled. "If...". Highly recommended! It's about crushing dehumanization and defiance. I saw it in the theater when it was first released, the same summer I discovered Jewish girls. I've never watched it again, and I probably shouldn't. There's enough Sherman in me....

There is slavery and there is freedom: it's not complicated.

Friday, May 15, 2020

IN THE
SUPREME COURT OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS, )      Appellate
                          Respondent,                      )      Court of Illinois,
                                                                    )      2nd District
            v.                                                     )      No. 2-19-1090
                                                                    )
MARCI WEBBER,                                    )   
                          Appellant.                         )


NOW COMES, Marci Webber (“Webber”), in want of counsel, the petitioner in the aforementioned case and moves this Honorable Court as follows: PETITION FOR LEAVE TO FILE LATE AND APPEAL TO THE ILLINOIS SUPREME COURT UNDER RULE 315. In support thereof and in compliance with Illinois Supreme Court Rule 315, Webber states the following:

Preliminary

1.     Webber is in want of counsel and proceeding pro se.  She is not a licensed attorney and has no access to legal resources as the Chicago Read Mental Health Center (CRMHC) is devoid of legal resources. Being pro se and not a licensed attorney, Webber invokes the lenient pleading standard pursuant to, inter alia, Haines v. Kerner, 404 U.S. 519 (1972).  Webber acknowledges that in her attempts to submit a previous petition to this court pro se in January 2020, she accidentally put an old appellate case number on the heading of the document. However, the pleadings presented in the petition were clearly recent, specifically in December 2019. According to Haines v. Kerner, “allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient to call for the opportunity to offer supporting evidence.” Indeed, Webber presented rather significant allegations which deserve serious review by this Honorable Court. Furthermore the U.S. Supreme Court said in Haines, “we hold [pleadings] to less stringent standards than formal pleadings drafted by lawyers.” Webber’s original petition to this Court was submitted within the 35-day time period.
2.     Also since Webber has no counsel on this motion she respectfully requests that the court not construe against her any underdeveloped arguments or omissions that indicate meritlessness (Se, e.g., United States v. Watson, 189 F. 3d 496, 500 (7th Cir. 1999) (for the proposition that inadequately developed or supported arguments are waived)
3.     Webber cites United States v. 30.64 Acres of Land, 795 F. 2d 796, 805 (9th Cir. 1986).  “Quite obviously an incompetent person cannot be held to compliance with technical rules.” Furthermore, “incompetence” in the legal setting is defined as, lack of legal ability to do something[1]. As Webber is currently confined to the CRMHC, she requests this Court’s adequate leniency in her filings to ensure that her arguments are properly addressed. As Webber is currently housed in a mental health center, it is presumptuous to assume that she is competent to submit pro se pleadings with the degree of accuracy that a licensed attorney would without an appropriate competency hearing.
4.     Webber also points out Illinois Supreme Court Rule 183 which says, “The court, for good cause shown on motion after notice to the opposite party, may extend the time for filing any pleading or the doing of any act which is required by the rules to be done within a limited period, either before or after the expiration of the time.” Webber’s access to legal resources and other material has been very limited, due in part to complications resulting from the Covid-19 pandemic. Due to the extreme circumstances that Webber has been forced into, she respectfully seeks this Honorable Court allow her to file the instant petition at this time, to the extent that this Court does not treat her original filing in January 2020, which was within the 35 day period, as adequate for the purpose of timing on this petition.  Webber notes that Respondent, seeking Webber’s confinement, is in no way prejudiced by the petition’s lateness, as her interim confinement is sought by Respondent.

Background

5.     The People of the State of Illinois (“State”) filed a motion for Stay of Enforcement on or around 12/17/19 and the Illinois Appellate Court, 2nd District granted said order on 12/20/19, without allowing Webber an opportunity to respond to the State’s motion. Webber was not properly served and received a copy of the motion via U.S. mail only hours before the motion was granted. Webber filed her Motion to Vacate the Stay Order of 12/20/19 on 12/27/19. On or around 1/6/20 the Illinois Appellate Court, 2nd District denied Webber’s motion without providing any reasoning.

Rule 315 (c)(3)

6.     In asking the Illinois Supreme Court to review the judgment of the Appellate Court, Webber states as follows:
a.    Webber was living in the community when the Stay Order was granted. Thus, she had more liberty interest at stake than a trial court’s order granting release. That is, she did not merely have the liberty interest of prospective release, but she had actually obtained release.
b.    Webber has been detained against her will in a mental health facility tasked with providing highly-restrictive inpatient mental health treatment in accordance with strict constitutional standards despite the absence of a hearing determining that she meets the criteria for inpatient treatment. Webber has been detained based not on the precedent found in voluminous case law requiring notice, a hearing with evidence and examination of witnesses, as well as the opportunity to appeal, but rather due to an abstract legal/administrative procedure known as a Stay, which has absolutely no precedent in case law.
c.     The Appellate Court is the common means of appeal when someone’s liberty is taken from them by the State. However, the Appellate Court is the entity that took Webber’s liberty in this case. The only entity to whom Webber can appeal this unwarranted detention is the Illinois Supreme Court.
d.    Webber did not receive adequate notice by the State as service was not performed appropriately. Despite being pro se, Webber prepared and filed a motion to vacate 1 week after she received the state’s emergency motion in the mail, which was also the same day that the appellate court granted the state’s motion. The State exploited her pro se status to avoid any argument against their motion.
e.    The State’s emergency motion was submitted prior to the record on appeal being formalized and submitted; it included both untrue information as well as information that was not in the record; that is, the introduction of new evidence.
f.      Webber’s detention is based on an abstract legal/administrative procedure (Stay of Enforcement) and not acute mental illness and dangerousness (a determination derived from professional evaluations of her current mental state). Nowhere in the history of Illinois case law or any other case law that Webber has seen in her research has it been legally permissible to detain someone in a mental health facility (1) for an administrative procedural reason and not mental health treatment and (2) without a trial or full due process hearing, including the opportunity to appeal, based upon the individual’s current mental state. Judge Bakalis’s ruling, finding that Webber had shown, by clear and convincing evidence, that she did not meet the criteria for inpatient treatment, relieves her of any presumptions against her under Illinois or federal law, Jones v. United States, 463 US 354 U.S. Supreme Court 1983 . Consequently, further confinement, under Illinois and federal law, requires a full due process hearing. (See, inter alia, Vitek v. Jones, 445 US 480 U.S. Supreme Court 1980, Specht v. Patterson, 386 US 605 U.S. Supreme Court 1967).
g.     The fundamental liberty interest at stake, liberty itself, requires that the state of Illinois afford Webber full due process protections, regardless of convenience to any judicial process. Put simply, a stay of enforcement in a divorce proceeding, for example, is one thing, but a stay of enforcement that results in a forcible return to custody is a completely different thing. The abstract legal concept of a stay of enforcement must not supersede Webber’s liberty interest.
h.    The current circumstances in which Webber finds herself are not at all the “Status Quo.” She was disallowed by CRMHC officials several court-approved privileges and personal property rights that she had previously at CRMHC, just before she was granted conditional release.
i.      The Appellate Court abused its discretion in granting the Stay Order against Webber.
j.      The current COVID-19 pandemic is putting Webber in danger living at CRMHC as she cannot adequately protect herself at CRMHC; indeed, she is subject to patients coming in off the streets who may be carrying COVID-19. Staff that Webber is forced to interact with may carry COVID-19 and infect her; due to the nature of confinement, Webber cannot adequately adhere to federal and state social distancing guidelines.

Rule 315(c)(4)

7.     Webber filed her petition for discharge or conditional release in July 2018. During the hearing she presented three expert witnesses that all stated that she did not meet the criteria for inpatient treatment (neither mentally ill nor dangerous). The court-appointed examiner testified that Webber did not meet the criteria for inpatient treatment insofar as she testified that while Webber had a mental health diagnosis, it was in a sustained remission and that Webber was not dangerous. The only expert testimony against Webber was that of her treating psychiatrist at Elgin Mental Health Center (“EMHC”), Dr. Malis. However, the trial court called into question information provided to the court by the Illinois Department of Human Services (“IDHS”) including EMHC, as there was substantial evidence showing that IDHS had submitted false information and/or attempted to mislead the court about Webber. Webber cannot reference any specific pages in the Record on Appeal as (1) the Stay Order was granted prior to completion of the Record on Appeal and (2) Webber has not yet received the Record on Appeal and is unaware if it has been prepared.

Rule 315(c)(5)

8.     Review by the Supreme Court is warranted here not only the sake of Webber’s liberty, but also because it touches on an important legal question on which lower courts need guidance.
a.    Without adequate due process, or even having the record on appeal prepared and available, the Appellate Court for the 2nd District set a dangerous and unconstitutional precedent by ordering the detention of Webber without any hearing or even factual review. The Appellate Court merely allowed the State to manipulate their pen into ordering Webber’s detention. No case law was cited by the State in their motion, nor did the Appellate Court provide any basis showing  that such a type of detention not based on a full due process hearing is permissible.
b.    The reversal of a trial court’s decision on appeal should only occur when the decision is manifestly erroneous People v. Hager, 253 Ill.App.3d 37, 42, 192 Ill.Dec. 272, 625 N.E.2d 232, 236 (1993); People v. Cross, 301 Ill.App.3d 901, 912, 235 Ill.Dec. 193, 704 N.E.2d 766, 773 (1998). However, this precedent regards a reversal at the end of the appeals process, after the production of the record on appeal and the parties’ legal briefs. However, in this case, the appellate court’s decision is a de facto decision to reverse the trial court’s decision: it has the effect of seizing Webber’s person and detaining her without even the most cursory review of the law and facts. Webber’s current confinement rests on the absurd presumption that Judge Bakalis’s ruling was against the manifest weight, putting the legal norm of deference to the factual determinations of lower courts on its head.
c.     The Illinois Appellate Court for the 2nd District denied Webber’s motion to vacate the stay order without providing any reasoning for the denial. Webber’s motion was thorough and contained important constitutional and legal arguments that the Appellate Court did not even bother to address.
d.    Webber asserts that this case presents an important legal question that the Illinois Supreme Court must address, both for Webber’s sake and potential similar situations in the future. Commitment, for any reason, requires the ability to appeal to comport with due process, Vitek v. Jones, 445 US 480 U.S. Supreme Court 1980. Without being able to appeal to the Illinois Supreme Court, Webber’s current detention does not comport with due process.
e.    The unconstitutionality of Webber’s current detention is supported by voluminous case law. “I think it clear that acquittees could not be confined as mental patients absent some medical justification for doing so. In such a case, the necessary connection between the nature and purpose of confinement would be absent” Vitek v. Jones 445 US 480. Webber is not currently detained for medical reasons, but for a legal/administrative reason. The committed acquittee is entitled to release when he has recovered his sanity, or he is no longer dangerous. Jones v. United States 463 U.S. 354. The acquittee may be held as long as he is mentally ill and dangerous, but no longer. O’Connor v. Donaldson 422 US 563 (held as a matter of due process that it was unconstitutional for a state to continue to confine a harmless mentally ill person, even if the initial commitment was permissible, it could not constitutionally continue after that basis no longer existed). Vitek v. Jones held that a convicted felon serving his sentence has a liberty interest not extinguished by his confinement as a criminal and not being transferred to a mental institution and hence classified as mentally ill without appropriate procedures to prove that he was mentally ill. “The loss of liberty produced by involuntary commitment is more than a loss of freedom from confinement (Vitek Id. 492). Due process requires that the nature of the commitment bears some reasonable relation to the purpose for which the individual is committed (Jones at 368, Jackson v. Indiana 406 US 715). Currently, the purpose of Webber’s commitment is that of the legal instrument of a stay order to allow an appeal process to play out. However, the nature of her commitment is that of mental health treatment.
f.      The State in their Emergency Motion for a Stay of Enforcement used information that was misleading and outright false. The State also used information that was not contained within the record of the trial court for Webber’s hearing; that is, they introduced new evidence in their Emergency Motion, which was improper. Furthermore, the State did not provide Webber or the Court with any exculpatory evidence in accordance with Brady v. Maryland 373 U.S. 83 (1963). 
g.     Webber was not properly served with a copy of the State’s Emergency Motion and received it via the US Postal Service mere hours before the Appellate Court entered their order granting the Stay Order. As such she had no opportunity to respond to the State’s motion. In Nagel v. Gerald Dennen & Co., 650 NE 2d 547 - Ill: Appellate Court, 1st Dist., 2nd Div. 1995, the Appellate court reversed and remanded a case in which Defendants filed an “emergency” motion without adequate notice to the plaintiff. The trial court granted the defendant’ motion in an ex parte hearing. The Appellate court found that adequate notice is necessary in such circumstances. “Is the mere fact that defendant's motion was labelled an "emergency" sufficient to satisfy the requirement that an emergency exist? Clearly, the answer is "No" in light of the specific meaning of "emergency" and the cases cited herein, requiring specifically stated facts "that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served… We further find that the written motion itself belies the argument that an emergency existed.” There was no reason for the Appellate Court to not allow Webber the opportunity to respond before deciding the State’s “emergency” motion. 
h.    Webber asserts that as the “status quo’ does not currently exist, it is appropriate that the Stay order is reviewed. Furthermore, the nature of this stay order attempts to address the merits of the underlying dispute. Indeed, the U.S. Supreme Court has held that one can only be held as an inpatient in a mental health facility if they are both mentally ill and dangerous. Foucha v. Louisiana, 504 US 71 - Supreme Court 1992. As this is precedent, locking Webber back up in an inpatient mental health facility indicates that she must be both mentally ill and dangerous, otherwise there is no legal basis to confine her there. The question of whether or not the trial court ruled properly in determining that Webber no longer met this 2-pronged test is what the Appellate Court is deciding. However, by forcing Webber back into confinement, the merits of the underlying dispute are being addressed: Webber is currently seen under the law as meeting the 2-pronged test of being both mentally ill and dangerous, despite already having proven by clear and convincing evidence that she is not. “A stay order seeks only to preserve the status quo existing on the date of its entry and does not address in any way the merits of the underlying dispute. (Douglas Transit, Inc. v. Illinois Commerce Commission (1986), 145 Ill.App.3d 115, 99 Ill.Dec. 173, 495 N.E.2d 620.)” Quoting Kaden v. Pucinski, 635 NE 2d 468 - Ill: Appellate Court, 1st Dist., 3rd Div. 1994. In Landis, the United States Supreme Court was confronted with a stay order which had been entered approximately one year earlier. In light of the events which had transpired during the intervening months, the Supreme Court remanded the matter to allow the court to reassess the propriety of the stay given the current situation of the pending cases. Landis, 299 U.S. at 258-59, 57 S.Ct. at 167-68. Quoting Kaden v. Pucinski, 635 NE 2d 468 - Ill: Appellate Court, 1st Dist., 3rd Div. 1994. Webber points out that her current situation at CRMHC is in no way similar to the situation the day prior to the granting of her conditional release by the trial court. It certainly is not similar in any way to the situation the day that the Stay order was granted: Webber was living in the community.
i.      Webber also points out that the current COVID-19 pandemic and crisis is a significant factor in her life and the lives of all. The current stay order, which is not even preserving the status quo, is putting Webber’s life in jeopardy as the CRMHC is an environment where appropriate social distancing is difficult or impossible; where new patients and staff can bring COVID-19 Webber without giving her the opportunity to “self-quarantine” as the rest of society is doing. If Webber were in her own apartment, she could abide by federal and state social distancing guidelines and adequately protect herself from COVID-19. For all of these reasons, a review of the current stay order is justified. The COVID-19 pandemic was not occurring in the U.S. prior to Webber’s conditional release order being granted; the Stay order does not just fail in preserving the status quo, it also puts Webber in harms way. Living in her own apartment, Webber could adequately protect herself from COVID-19 and adhere to all social distancing guidelines for her safety and the safety of those around her.
j.      The State relied on Stacke v. Bates, 562 NE 2d 192 - Ill: Supreme Court 1990; however, this reliance was misplaced.  “A stay issued by the appellate court, formally referred to as a supersedeas, suspends enforcement of a judgment, and is intended to preserve the status quo pending the appeal and to preserve the fruits of a meritorious appeal where they might otherwise be lost.” Webber contends that there was no way to “suspend” enforcement of the conditional release order such that she would have been brought back into custody. The conditional release order is a “passively” enforced order such that no actual “enforcement” is required; rather, Webber is allowed to live in the community until such time as 1) the 5-year order expires; 2) Webber successfully petitions for a termination of the order and unconditional discharge; or 3) the State’s Attorney petitions successfully to the Court to bring her back into custody on a finding that she has not followed the conditions of her release. Bringing Webber back into custody is an “active” process that requires at least 3 steps, and not merely the issuance of a stay order: the granting of the stay order; the issuance of a warrant directing law enforcement to seize Webber; and the actual carrying out of this warrant by law enforcement. This situation is not merely a suspension of monetary payments as in the case of Stacke.
9.     In compliance with Illinois Supreme Court Rule 315, Webber has attached a copy of the order of the Appellate Court denying her motion to vacate. However, as she does not have available to her the Record on Appeal, she cannot include any information, documents or references from it.

WHEREFORE, Webber prays that this Honorable Court grant her petition for leave to file late and appeal to the Illinois Supreme Court and hears her case against the granting of the Stay Order by the Appellate Court, 2nd District.

Respectfully Submitted,

___________________________________                        Date: 5/1/20
Marci Webber, Pro Se
Marci Webber
775 Pershing Ave. #7
Glen Ellyn, IL 60137
331-241-3844

Presently at,
Chicago Read Mental Health Center
4200 N. Oak Park Ave.
Chicago, IL 60634
773-794-4000





[1] . “Incompetence” Legal Information Institute. Cornell Law School. https://www.law.cornell.edu/wex/incompetence .

Thursday, May 14, 2020

More on Marci — Vera Hosley

I heard a story today which sounds very typical to me.

Vera Hosley is a Social Worker II at Chicago Read Mental Health Center, employed by the Illinois Department of Human Services and paid an annual salary of $65,000. She seems to imagine herself to be a master of some sort on the plantation. And she seems to imagine that Marci Webber is just one of the slaves she has control of.

Recently Marci requested copies of legal documents. After Vera had taken them out of her box, and while she was holding them in her hand on the unit, Marci attempted to add several more pages. Vera had just approached another patient, and was about to start a conversation with him. (This is a patient who very likely has a case of COVID19, by the way. Why is he walking around on the unit, not in quarantine?) Marci interrupted.

Oh, man! There’s hardly anything so insulting to the delicate pride of a little, tiny apparatchik like Vera, as to be INTERRUPTED while performing such wonderfully professional and Holy Mental Health Duties... as those of a Social Worker II making the big bucks. Vera apparently feels entitled to interrupt patients anytime she wants, though. Marci had been yelled at by Vera while in the middle of a phone conference with her legal counsel (not me) just recently. Predictably on today’s occasion, there quickly ensued an argument between Vera and Marci, in which (Oh, heaven forbid!) voices were raised.

Marci was actually trying to save Vera the additional nuisance of having to make a second set of copies. She figured it would be more efficient to get everything she needed to Vera for a single errand, rather than asking her to do two separate ones. But the thing about any argument between a slave and an overseer is, the slave always loses. Vera quickly threatened Marci with a shot (meaning of course, forced drugging) and Marci retreated to her room.

The part where it gets funny came next. When Marci came out of her room later, her doctor, Anatoiley Pyslar, just happened to be nearby. Dr. Pyslar looked at Marci and commented, “Hey Marci, Vera wants me to order a shot for you for being loud!” He laughed.

He didn’t laugh because it was a cruel threat that he enjoyed. He laughed because it was a ridiculous threat, and he knew Marci knew it was ridiculous. A Social Worker II, even one making the big bucks like Vera, can’t get a patient held down and forcibly drugged just for being loud. There has to be a threat of imminent danger posed by the patient, to herself or others, before the overseer is allowed to whip her slave.

Vera Hosley is weak and incompetent and laughable. There are many weak, incompetent and laughable “mental health professionals” on the plantation. Most of them aren’t evil, they’re just wasted.

Tuesday, May 5, 2020

Diagnosis is bullshit, treatment sucks: knock it off!

It was Allen Frances, M.D., the esteemed lead author of DSM-IV, who admitted that psychiatric diagnosis is bullshit almost ten years ago. Two years later Frances wrote, "The history of psychiatry is littered with fad diagnoses that in retrospect did far more harm than good.”

Just in case Frances’ opinion is not authoritative enough on this subject, I should point out research recently reported in JAMA Open Network, which finds that 86% of all people should be diagnosed with a mental disorder by the time they are 45 years old! That’s almost nine out of ten of us who should be officially labeled “mentally ill”.

Nine out of ten staff at Elgin Mental Health Center, for example. Unless there is some way to rule out all mental illness as a routine step in the hiring process these people go through (and it’s a sure bet there isn’t!), there’s no reason to believe they are less likely than the general population to meet the criteria for DSM diagnoses. Most of them can just as certainly be deemed dangerous due to their “mental illnesses” — e.g., if they ever abuse alcohol or psychoactive substances, or if anyone ever notices them being verbally aggressive, or if they ever seem to lack insight into their own thinking, emotions or behavior.

So it’s logically and clearly arguable that staff and patients at EMHC are exactly like each other, as far as whether or not they should be controlled under the law for their own and others’ protection.

That brings us to the unfortunate fact that treatment sucks. The most highly valued medical “solution” for serious (and more recently even not-so-serious) mental illness is probably neuroleptic drugs, aka antipsychotics, aka major tranquilizers. But they take 25 years off your life! A recent thorough review of the scientific literature on this is discouraging at best for anyone who hopes benefits might outweigh risks. Needless to say nobody ever wants shock treatment either, unless it’s a last resort. It destroys memory and just fries your brain.

The APA needs to disband and disgorge all past profits from the 40-year fraud of its DSM’s. The Illinois General Assembly needs to extract all references to psychiatric authority from our statutes. We must ban the insanity defense and outlaw forced treatment.

Unless we’re all willing to succumb to a future of more and more mental and emotional disability, unless we’re so frightened of being human and so frightened of anything we imagine may be painful in any way, unless we intend spiritual suicide, unless we are idiots... then the whole project of psychiatry is a dismal failure!

So to anyone reading this, don’t be an idiot, don’t kill yourself. Refuse psychiatry and help others refuse psychiatry. See the picture above, of my dog? He’s inviting you to hang out on the beach on a summer afternoon, drink great wine from Oregon and grill pub burgers.

Here’s how my friend Sean Gunderson put it, just this morning:

“Maybe thinking about mental illness is a moot point. What if everyone in the world were black? There would be no point in discussing race. Maybe we should just call 100% of the population mentally ill, and then we can abandon the concept and focus instead on finding meaningful happiness in our lives.”

Wednesday, April 29, 2020

Psychiatrists as doctors, psychiatric institutions as hospitals, N Unit and Voltaire

Voltaire said that anyone who makes you believe absurdities will make you commit atrocities. He also insisted that arguing any point requires first defining your terms.

A doctor is a person skilled or specializing in healing arts. (Miriam Webster says so, not just me.)

And a hospital (the entomology is closely related to hospice, hostel, hotel, host) is fundamentally a place of refuge, where a person can find help and hope, e.g., to recover from sickness or injury.

There are other definitions, but these are mine for the purposes of this argument.

Psychiatrists generally admit that they do not heal or cure anything. They do not specialize in healing arts, they rather specialize in certain arcane arts of control. This is a legitimate social function, by the way. People who are violent, destructive, or who directly inspire and precipitate violent reactions from others, need to be controlled. Unfortunately most of us think controlling other people in some circumstances is bad, so we often need to pretend we’re not doing that when we really are. Psychiatry, especially state psychiatry, is precisely this pretense.

Psychiatrists are thus fake doctors. Society encourages them to fake being doctors, but that’s somewhat beside the point. Although they have medical degrees, licenses, and most of the elaborate accoutrements of what people think medical science might be, they nevertheless specialize in controlling arts, not healing arts. Saying you are a doctor, indeed insisting that you must be recognized by society as a doctor above all else, while simultaneously protesting that you cannot cure the illnesses of your patients, is an absurdity.

Likewise, psychiatric institutions are fake hospitals. They obtain patients from the police, hold them against their will, and force treatments on them. They dehumanize and punish them, and go to great, ritualized bureaucratic lengths to deny them rights. This is directly contradictory to any purpose of refuge, recovery, help and hope. Calling these oppressive places hospitals is an absurdity.

On N Unit at Elgin Mental Health Center, a forensic “patient“ for whom I advocate is being continuously harassed and threatened by several staff, with negative reports in his chart intended to block his progress to a less restrictive environment. He has an upcoming court hearing on a petition for conditional release, and staff taunt him about how easily they can torpedo any favorable decision on that petition. He’s not a young man, so he’s at risk for COVID19 while he is kept at the facility. He’s clearly not psychotic, in fact his psychiatrist believes he never was mentally ill. However that psychiatrist now says he won’t testify to the whole truth in court.

Today when this patient told a nurse manager named Sherry that he might write a complaint to Equip For Equality about her disrespectful attitude, Sherry literally jumped at the chance to reply, “I’m really happy you told me that, because it’s a threat, and now I can write in your chart that you threatened me!”

But complaining, accurately or inaccurately, about mistreatment to Equip For Equality or the Office of the Inspector General is not a threat, it’s every patient’s statutory right! Such rights were explicitly written into the law to make forced “hospitalization” nominally constitutional. Without the formal recourse, patients would be brutalized more often than they are. There would be rampant sexual abuse. Sherry might become another Christy Lenhardt or Mark Roberson. Extreme coercion of patients to take unwanted, unnecessary, and extremely harmful psychiatric drugs would be completely unbridled, and a thin vestige of informed consent would evaporate. So the actual threat today came from Nurse Manager Sherry, not the patient who had a clear right to formally complain.

Mental patients are generally thought to be less truthful and/or less accurate in their observational ability than mental health professionals, so patients’ complaints about staff are very rarely substantiated or even honestly investigated. (A former investigator for OIG told me it’s about two or three percent.) Sherry knows perfectly well that one patient’s complaint is no realistic threat to her job or her professional future. She also knows perfectly well how effective her retribution will be against that patient, when she falsely charts him for “threatening” her.

On N Unit today, the thing that really happened was this: a patient “threatened” to speak truth to power and a nurse manager threatened his freedom, his future, and his life. The way the system is set up, it’s what happens all the time.

We are committing atrocities after being led to believe absurdities.