From: kenneth ditkowsky
Sent: Mar 31, 2014 2:03 PM
To: NASGA , probate sharks , j ditkowsky , Harry Heckert , Lawrence Hyman , Jo Anne M Denison , Eric Holder , matt senator kirk
Subject: Fw: WestlawNext - U.S. v. Stevens
In attempting to write the petition for cert I have been fascinated by the parallel between the argument "I have just been following orders" and the knowingly inappropriate coupling of obeying the law with spurious arguments of Mr. Larkin and the IARDC. I now understand why Mr. Larkin dropped his argument based upon the Sawyer case. Reading the case may be a motivation - however, the ruling in the case is so contrary to his position that it is akin to bringing a gun to a knife fight and handing it to the opposition for use.
Sawyer makes it very clear that Larkin's actions in prosecuting Mr. Amu, Ms. Denison and me is not only ultra vires but bad faith. Take a look at the following quotes:
The First Amendment provides that “Congress shall make no law ... abridging the freedom of speech.” “[A]s a general matter, the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.” Ashcroft v. American Civil Liberties Union, 535 U.S. 564, 573, 122 S.Ct. 1700, 152 L.Ed.2d 771 (2002) United States v. Stevens, 559 U.S. 460, 468, 130 S. Ct. 1577, 1584, 176 L. Ed. 2d 435 (2010)
Could this be any clearer!? How does Larkin reconcile his position and that of his committees with the principles recited by the United States Supreme Court. This statement is a clear repudiation of his complaints against Amu, Denison and me. However, it gets better:
From 1791 to the present,” however, the First Amendment has “permitted restrictions upon the content of speech in a few limited areas,” and has never “include[d] a freedom to disregard these traditional limitations.” Id., at 382–383, 112 S.Ct. 2538. These “historic and traditional categories long familiar to the bar,” Simon & Schuster, Inc. v. Members of N.Y. State Crime Victims Bd., 502 U.S. 105, 127, 112 S.Ct. 501, 116 L.Ed.2d 476 (1991) (KENNEDY, J., concurring in judgment)—including obscenity, Roth v. United States, 354 U.S. 476, 483, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957), defamation, Beauharnais v. Illinois, 343 U.S. 250, 254–255, 72 S.Ct. 725, 96 L.Ed. 919 (1952), fraud, Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 771, 96 S.Ct. 1817, 48 L.Ed.2d 346 (1976), incitement, Brandenburg v. Ohio, 395 U.S. 444, 447–449, 89 S.Ct. 1827, 23 L.Ed.2d 430 (1969) (per curiam ), and speech integral to criminal conduct, Giboney v. Empire Storage & Ice Co., 336 U.S. 490, 498, 69 S.Ct. 684, 93 L.Ed. 834 (1949)—are “well-defined *469 and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem.” Chaplinsky v. New Hampshire, 315 U.S. 568, 571–572, 62 S.Ct. 766, 86 L.Ed. 1031 (1942). United States v. Stevens, 559 U.S. 460, 468-69, 130 S. Ct. 1577, 1584, 176 L. Ed. 2d 435 (2010)
The bootstrap approach of Larkin has been refuted from the beginning of time, to wit:
“[I]f any accidental mischief happens to follow from theperformance of a lawful act, the party stands excused *576from all guilt: but if a man be doing any thing unlawful, and a consequence ensues which he did not foresee or intend, as the death of a man or the like, his want of foresight shall be no excuse; for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow the first misbehaviour.” 4 W. Blackstone, Commentaries on the Laws of England 26–27 (1769). Dean v. United States, 556 U.S. 568, 575-76, 129 S. Ct. 1849, 1855, 173 L. Ed. 2d 785 (2009)
Thus, as Larkin is or was well aware that it is an illegal act to separate a senior citizen from his/her family, prior life, prior activities and her life savings he has strike one against him and must be deemed to be aiding and abetting the miscreants in their 'elder cleansing' 18 USCA 371. More seriously, as he is aware of the actions of Stern, Farenga, Schmiedel, et. al and in particular the non-inventory of the contents of Mary Sykes' safety deposit box (and funds hidden in her mattress), he had an obligation pursuant to 18 USCA 4 to report such information to law enforcement. Instead, Larkin and his crew invested in a 'cover-up' and in doing so, he denied me my First, Fifth and Fourteenth Amendment Rights.
Ken Ditkowsky
ken ditkowsky sent you content from WestlawNext.
Please see the attached file.
Item: U.S. v. Stevens
Citation: 559 U.S. 460
Sent On: March 31, 2014
Sent By: ken ditkowsky
Client ID: CIVIL RIGHTS ACTION
There are going to be cases where good people have totally opposed ideas of what the best course of action is, and the unfortunate result is that each side thinks the other is wicked and cruel.
I used to practice law. Once, when I went to court, some officers of the court thought I was someone that had given Ms. Solo a lot of grief, and it looked like they wanted to take me out and beat me up. In other words, she was very well liked and highly respected in that courtroom.
I'm sorry you experienced the hardship that has resulted in such consuming hatred.
You are a person who is in love with Ms. Solo so therefore any observations or comments that I would make to you would have no effect on your opinion. Granted, your ProbateShark has also suffered hardships in life, both physical, financial and emotional...some of them caused by Ms. Solo and her associates.
That reminds this Shark of a yarn heard in the shark tank about an old hammerhead shark. This hammerhead shark had a habit of eating her own remoras, also known as pilot fish, that guide a nearsighted shark. Sharks can’t eat their own young since they are egg layers. Well this old lady shark kept eating the remoras until all the remoras abandoned her and she led a very lonely and dangerous life. Well, that is just another fish story.
Obviously, the record of Ms. Solo being a party to her family’s exclusion of a disabled brother’s substantial estate sheds a different picture of the same person. A reasonable person would only have to check the court records of the Estate of Irving Fisk Faskowitz to corroborate her notarized signature on the court documents in Sebring, Florida that mentions only four siblings.Mordy was excluded. Moreover, comments of the Florida AG stated that they felt that Ms. Solo or her siblings did not have a right to the half of the Irving Faskowitz Estate not yet dispersed.
One would examine her involvement with the “Estate of Alice R. Gore”, a 99 year old disabled ward of the Probate Court of Cook County. Ms. Solo was knowingly responsible for electing a mentally ill person who had been a resident in 54 specialized mental health placements as guardian for Alice R. Gore. This “guardian” was court adjudicated as borderline psychotic, “a person who is a danger to herself and others”... Does this appear to be the act of a “ameliorate the suffering of others” or “intentionally caused any innocent person to suffer”. As far as “ has not enriched herself, as others in her field have.”...just check the dispersal checks for tens of thousands of dollars payed from the Estate of Alice R. Gore to Ms. Solo to refute that statement. If Alice were alive and lucid today she certainly would question the veracity of Ms. Solo’s decision.
As far as “she was very well liked and highly respected in that courtroom” just refer to the paucity of GAL selections by probate judges that she has received since 2010...not as many as before, for sure. Speaking of judges, two probate court judges have been mysteriously removed from the court within the last couple of months, one of whom was a “supporter” of Ms. Solo.
Barzilai, included in the Irving Fisk Faskowitz Estate file is information from private detectives who gleaned many confidential files that I am sure you have never been apprised of. These of course are only available to law enforcement and are not suitable or appropriate for dissemination in a public blog. The ProbateSharks and ProbateSharkettes appreciate your commentary into the ProbateSharks.com blog. Lucius Verenus, Schoolmaster, ProbateSharks.com