From the Court Record:
_____________________________________________________
IN THE CIRCUIT COURT OF COOL COUNTY
CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
-vs-
MICHAEL FOULKS
CASE # 05-C3-304843
Count:
The State's Attorney of Cook County now appears before the Circuit Court of Cook County and in the name and by authority of the People of the State of Illinois states that on or about September 4, 2005, in Cook County, Illinois
Michael Foulks
committed the offense of telephone harassment
in that the defendant used electronic communications to wit: a telephone for the purposes of threatening injury to the person or property to wit: defendant called the home of the victim J**** H**** and told J**** H**** that he would kill him if he did not give the defendant $250,000.
In violation of chapter 720 Act 5 Section 135/2(b)-4 of the Illinois compiled statutes 1992 as amended and contrary to the statute and against the peace and dignity of the same people of the state of Illinois.
CHARGE ID CODE: 00011325
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOL COUNTY, ILLINOIS
_____________________________________________________
Jo Hannes coincidentally -- same initials as Foulks' victim)
--- --- --- --- --- --- --- --- ---
Replying to:
Mr. Weiss,
Why are you posting things in two different places, are you afraid of my replies?
YOU WROTE:
"1. Question: Who is posting non-productive "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “PEOPLE WHO HIDE BEHIND FAKE NAMES.” This circular BS does not answer the question. It’s just an empty accusation, “non-productive nonsense.”"
YOU ASKED "WHO", I ANSWERED, "PEOPLE WHO HIDE BEHIND FAKE NAMES". THERE'S NOTHING "CIRCULAR" ABOUT IT.
YOU WROTE:
"2. Question: Who is being discredited?
MDF’s Non-Sense: “PEOPLE WHO USE THEIR REAL NAME.” Again, this run-around BS does not answer the question."
AGAIN, MR. WEISS, THERE'S NO "RUN-AROUND". IT'S A SIMPLE ANSWER TO A SIMPLE QUESTION.
YOU WROTE:
"3. Question: Conviction? The record says you confessed.
MDF’s Non-Sense: “I NEVER CONFESSED TO A CRIME.” You confessed to something, it’s in the public record. So did you lie (perjure yourself) in your brief that you were forced to confess because your mother was going to withdraw the bail if you did not? Are you lying now or did you lie to the judge at the hearing or did you lie in your appeal?"
THERE'S NO CONFESSION IN THE PUBLIC RECORD. THE REST OF YOUR QUESTIONS ARE THEREFORE ILLOGICAL OR TOO VAGUE TO ANSWER.
YOU WROTE:
"MDF’s Statement: "JOHANNES DOESN'T SUFFICIENTLY IDENTIFY YOU. YOU COULD BE Wolfgang "JOHANNES" Weiss.” The name is Jo (short for Josef) Hannes. I could be the man to whom you refer, but perhaps it is just your mental illness that makes you think so. You seem to have some kind fetish or (perhaps, unhealthy) fascination with Mr. Weiss, Mr. Nathan and Mr. Tang."
I HAVE NO MENTAL ILLNESS. NOT JUST BECAUSE I SAY SO. WOLFGANG "JOHANNES" WEISS HAS A FETISH FOR USING FAKE NAMES. HE FANCIES HIMSELF A "GREAT THINKER" OR "GREAT WRITER".
HE'S A "GREAT COWARD".
MR. NATHAN AND MR. TANG HAVE NO PLACE AMONG A PROPER REPRESENTATION OF THE WILL OF CURRENT CHICAGO CABDRIVERS.
AT LEAST MR. NATHAN ISN'T AFRAID TO USE HIS REAL NAME. MR. TANG IS "CLUELESS".
YOU WROTE:
"34. Question: Why do you believe that "people who aren't Chicago cabdrivers should [not] ... represent Chicago cabdrivers"?
MDF’s Non-Sense: “YOU BELIEVE THAT PEOPLE WHO AREN'T CHICAGO CABDRIVERS SHOULD BE DECIDING WHAT WE WANT? CAN I GO VOTE OR HOLD OFFICE IN THE CHICAGO POLICE UNION (FOP)?” This answer is not logical: The Fraternal Order of Police is a legal union which represents law enforcement officers. Your logic (of example) does not follow in application to cab drivers because FOP members were able to organize, but apparently Chicago cab drivers are not able to organize. There are numerous organizations throughout the world staffed by knowledgeable, intelligent professionals from all walks of life that have been able to determine the facts, the needs, the wants and the goals of the people they help. One does not have to be starving to death in Basra, for example, to know that food, clothing, and shelter is desperately needed there. Only am imbecile would suggest otherwise."
LIKE THE AFSC? THEY DEMANDED AN "UNCONDITIONAL, 25% FARE INCREASE" FROM THE CITY COUNCIL. CHICAGO CABDRIVERS DIDN'T AND WOULDN'T HAVE ASKED FOR THAT MUCH NOR IN THAT MANNER.
LIKE THE UTCC? THEY ACCEPTED THE "GAS SURCHARGE". CHICAGO CABDRIVERS DIDN'T WANT THE GAS SURCHARGE. THEY WANTED A REGLUAR FARE INCREASE.
IMBECILE? YOUR WHOLE "ARGUMENT" IS STUPID. ONLY CHICAGO CABDRIVERS THEMSELVES GET TO LEGITIMATELY DECIDE WHO REPRESENTS US AND WHAT OUR INTERESTS AND WILL IS.
CPTDA? 4 MEMBERS? UTCC? MAYBE 6.
CCO? DOZENS UPON SCORES. CCDAC? DITTO.
AUPD? MORE THAN CPTDA AND UTCC COMBINED.
THE GHANAIAN CABDRIVER ASSOCIATION? TRY HUNDREDS.
EVERYBODY ELSE IS JUST PRETENDING.
YOU WROTE:
"MDF’s Non-Sense: “NO, BECAUSE I'M NOT A COP. COPS, OR ANYONE ELSE WHO ISN'T A CHICAGO CABDRIVER, HAVE NO RIGHTFUL PLACE IN A LEGITIMATE GROUP REPRESENTING CABDRIVERS EXCEPT FOR WHAT WE HIRE OR DIRECT THEM TO DO.” It seems that MDF certainly is not able to organize his own life: The confession that he never made the deal that, with no confession, no bail or the confession-based conviction that never happened and the appeal that never included the undue pressure of the bond withdrawal without the confession."
YOU AREN'T DEMONSTRATING ANY GRASP OF THE LEGAL FACTS OR ISSUES INVOLVED IN MY COURT CASE. NONE OF IT IS RELEVANT TO ORGANIZING CHICAGO CABDRIVERS.
IT SEEMS YOU ARE CONFUSED, OR TRYING TO DELIBERATELY CONFUSE OTHERS. WHICH IS IT?
YOU WROTE:
"MDF’s Non-Sense: “I'M NOT PRETENDING. YOU ARE. EVER HEAR OF THE GHANAIAN CABDRIVER ASSOCIATION? THE TAXI BROTHERHOOD? THE CHICAGO CABDRIVER ORGANIZATION? THE CHICAGO CAB DRIVER ACTION COMMITTEE? THE UNITED CABDRIVERS OF CHICAGO?” MDF claims membership (purely by association) to all these organizations! Neither the Taxi Brotherhood nor the Chicago Cabdriver Organization is a registered business or organization, just names in the wind. AUPD (Melissa, et al) wants nothing to do with MDF, and that is a fact."
I DON'T CLAIM MEMBERSHIP IN ANY GROUP EXCEPT THE CCO AND THE CCDAC. NEITHER THE TAXI BROTHERHOOD NOR THE CCO NOR THE CCDAC NEED TO REGISTER ANYTHING WITH ANYONE BASED SIMPLY ON THE FACT THAT MONEY ISN'T BEING COLLECTED BY EITHER.
MELISSA CALLAHAN AND I HAVE A GOOD RELATIONSHIP. WE HAVE CONFERRED AT LENGTH AND IN DETAIL MANY TIMES IN THE LAST YEAR. WE HAVE WORKED TOGETHER AND APART.
MELISSA CALLAHAN CAN SPEAK FOR HERSELF.
YOU WROTE:
"MDF’s Non-Sense: “THEY'VE SABOTAGED THE AUPD, CCO, and AND UCOC.” More beating around the bush by MDF. What is your evidence to support your accusations? MDF has provided one verifiable fact that supports his claims. Who is spewing "non-productive nonsense and lies or insults"?"
SEE ABOVE. THE FACT IS, PETER ENGER CLAIMS NOT TO POST HERE USING FAKE NAMES WHEN HE OBVIOUSLY HAS IN FITS OF HYPOCRISY, TRYING TO DISTORT THE TRUTH.
YOU WROTE:
"MDF’s Non-Sense: “THIS IS WHY THE CCO DOESN'T COLLECT MONEY FROM CABDRIVERS.” There is no CCO. Repeat the lie often enough….. Perhaps no one trusts MDF to give him any money. His website is under Fraud Watch. And so is this website."
THERE IS A CCO. THE THIRD ELECTION IS SCHEDULED FOR NOVEMBER 19, 2008. A FEW PEOPLE HERE ARE ENCOURAGING TED BUDZYNSKI TO RUN.
I COULD RAISE SEVERAL THOUSAND DOLLARS IN SINGLE DAY, IF NEEDED. I JUST DON'T SEE THE POINT OF RAISING MONEY FOR ANYTHING NOW, IF EVER.
I HESITATE TO ASK, JUST WHAT IS "Fraud Watch"?
IS THAT LIKE A "Tornado Watch" OR "Tornado Warning"? I ALWAYS GET THOSE TWO MIXED UP.
DOES IT JUST COVER COOK COUNTY? OR ARE PARTS OF KENDALL, KANE, AND WILL COUNTIES ALSO AFFECTED?
YOU WROTE:
"Now you want to raise $20,000 just see if we can get permission from a court?
MDF’s Non-Sense: “I'VE NEVER SAID I WANT TO RAISE ANY MONEY AT ALL”. Yet you support Lutfallah’s scheme, which requires the raising of start-up legal costs of $20,000. MDF is twisting the facts, twisting the truth again -- the mark of a true slimebag con-artist. Of course this is the same twisted logic that allows MDF to claim that he never committed a crime, that his confession resulted in a wrongful conviction due to pressure by his mother to revoke the bond if he did not confess to a crime he did not commit in the first place, but confessed to in open court, under oath!"
I NEVER COMMITTED TO RAISING ANY AMOUNT OF MONEY. I SIGNED A DOCUMENT COMMITTING TO FORMING A UNION. IT'S CALLED THE "DECLARATION OF UNITY".
NOBODY SIGNED A BLANK PIECE OF PAPER. OR ARE YOU REFEERRING TO THE INFAMOUS FLYER FIASCO OF LAST YEAR, INVOLVING THE LYING, DECEPTIVE PRATEEK SAMPAT OF THE AFSC?
YOU WROTE:
"MDF’s Non-Sense: “YOU THINK TOO MUCH:” Which does not negate the fact that you do not. It’ OK, some people were born without a proper brain, although in your case, it may just be chemical imbalance. Why don’t you try an insanity plea on you wrongful conviction. The only way you can reverse your confession, is to prove you are/were/are insane."
AGAIN, THERE WAS NO CONFESSION TO ANY CRIME. I HAVE NEVER HAD A MENTAL ILLNESS.
YOU WROTE:
"MDF’s Non-Sense: “WHY ARE YOU WORRIED ABOUT LIMO AND SUBURBAN CABDRIVERS?” This answer does not follow the question."
YOU ARE AVOIDING THE QUESTION.
YOU WROTE:
"MDF’s Non-Sense: “NOT ONLY DO I "KNOW MY UNION HISTORY", I'VE BEEN PART OF IT. I'VE BEEN TO THE BASEMENT OF THE TEAMSTERS HQ IN DC.” Perhaps that is where rats like you belong, with the rats who sold out Chicago cab drivers to the City."
ANYBODY WHO SELLS OUT CHICAGO CABDRIVERS WILL HAVE TO DEAL WITH THE LIKES OF MIKE FOULKS. IT WON'T BE PRETTY.
YOU WROTE:
"MDF’s Non-Sense: “FROM THE NATURAL RIGHT OF FREE ASSOCIATION DESCRIBED IN THE UNITED STATES CONSTITUTION. MDF is confusing bigotry and racism, intolerance and hatred for a constitutional right. I suppose Hitler could claim he had the right to murder millions of people because of his twisted sense of right and wrong as well."
ANY HATRED I POSESS TOWARDS ANYONE IS BASED ON THEIR INDIVIDUAL CONDUCT. I AM NOT A BIGOT, RACIST, OR INTOLERANT PERSON. I AM QUITE THE OPPOSITE. I DON'T TOLERATE LIES OR LIARS.
I DON'T SEE WHAT HITLER HAS TO DO WITH ANY OF THIS. IS HE THE REASON WHY THE CPTDA AND WOLF WEISS HAVEN'T BEEN EFFECTIVELY HELPING TO ORGANIZE CHICAGO CABDRIVERS? IS THERE A THIRD REICH CONSPIRACY NOBODY ELSE KNOWS ABOUT?
YOU WROTE:
"MDF’s Non-Sense: “HAVING TO SPEND TIME RESPONDING TO NONSENSE LIKE THIS. I DON'T MIND CORRECTING THE LIES I HEAR FROM OTHER CABDRIVERS...THE TRUTH IS THE BEST WEAPON TO DESTROY SELF-INTERESTED LIARS...PERMANENTLY.” The ultimate victory in the “destruction” of his enemies - this is the little Fascist’s golden dream of the future. Please specify what you mean by “destruction” Fearless Leader of the Easily Conned."
THERE'S NOTHING SWEETER THAN CONFRONTING A HEARSAY LIE WITH A PROVABLE TRUTH AND WATCHING THE REALIZATION THAT PEOPLE WHO HAVE BEEN LIED TO WILL NO LONGER PAY ANY MIND TO THOSE WHO TOLD THE LIE IN THE FIRST PLACE.
TAKING NOTES, PRATEEK SAMPAT, PETER ENGER, STEVE KIM?
"UTCC" IS PIECE OF PAPER STAPLED TO A BULLETIN BOARD. EVERYBODY KNOWS IT.
YOU WROTE:
"MDF’s Non-Sense: “THEY JUST DON'T NECESSARILY REPRESENT CHICAGO CABDRIVERS' INTERESTS. THEY HAVE THEIR OWN AGENDA.” More non-sense conspiracy theory. Evidence – where’s the beef? Without evidence, your claims are nothing but hot air, delusions of the demented. It should be noted that the judge in MDF’s trial had enough evidence to require two years of mental supervision."
PRATEEK SAMPAT OF THE AFSC MODELED HIS WHOLE APPROACH ON THE FAKE UNION OF NYTWA AND THE MARXIST MATHEW BIJU. PRATEEK SAMPAT IS A RACIST WHO LIKES TO PURGE WHITES OUT OF HIS RADICAL "ORGANIZING".
JUDGE TOBIN HAD NO EVIDENCE TO REQUIRE TWO YEARS OF MENTAL SUPERVISION. SHE WAS FORCED TO REVERSE HERSELF. SHE RESIGNED HER POSITION A FEW DAYS LATER. SHE'S WAS A JUDGE WHO HAD PROBLEMS FOLLOWING THE RULES WHICH PROTECT DEFENDANTS FROM BEING WRONGLY CONVICTED AND SENTENCED.
THIS CASE IS A PROFESSIONAL EMBARRASSMENT TO HER AND OTHER OFFICERS OF THE COURT.
YOU WROTE:
"Bottom Line: MDF seems to be the principal person who has been spreading non-productive nonsense and lies or insults” but Lutfallah comes in a strong second."
I CHALLENGE ALL TO POINT OUT WHEN I'VE LIED.
I CHALLENGE ALL TO POINT OUT WHEN GEORGE LUTFALLAH HAS LIED.
I CHALLENGE ALL TO POINT OUT WHEN ANYONE HAS LIED.
I DON'T LIKE LIARS. I HAD TO SPEND TWO WEEKS IN COUNTY JAIL BASED UPON OTHERS' LIES.
TELL A LIE ABOUT ME TO MY FACE AND SEE WHAT HAPPENS TO YOU.
TELL A LIE ABOUT ME USING YOUR REAL NAME AND SEE WHAT HAPPENS TO YOU.
BOTTOM LINE, IT WON'T BE PRETTY.
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
1. Question: Who is posting non-productive "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “PEOPLE WHO HIDE BEHIND FAKE NAMES.” This circular BS does not answer the question. It’s just an empty accusation, “non-productive nonsense.”
2. Question: Who is being discredited?
MDF’s Non-Sense: “PEOPLE WHO USE THEIR REAL NAME.” Again, this run-around BS does not answer the question.
3. Question: Conviction? The record says you confessed.
MDF’s Non-Sense: “I NEVER CONFESSED TO A CRIME.” You confessed to something, it’s in the public record. So did you lie (perjure yourself) in your brief that you were forced to confess because your mother was going to withdraw the bail if you did not? Are you lying now or did you lie to the judge at the hearing or did you lie in your appeal?
MDF’s Statement: "JOHANNES DOESN'T SUFFICIENTLY IDENTIFY YOU. YOU COULD BE Wolfgang "JOHANNES" Weiss.” The name is Jo (short for Josef) Hannes. I could be the man to whom you refer, but perhaps it is just your mental illness that makes you think so. You seem to have some kind fetish or (perhaps, unhealthy) fascination with Mr. Weiss, Mr. Nathan and Mr. Tang.
34. Question: Why do you believe that "people who aren't Chicago cabdrivers should [not] ... represent Chicago cabdrivers"?
MDF’s Non-Sense: “YOU BELIEVE THAT PEOPLE WHO AREN'T CHICAGO CABDRIVERS SHOULD BE DECIDING WHAT WE WANT? CAN I GO VOTE OR HOLD OFFICE IN THE CHICAGO POLICE UNION (FOP)?” This answer is not logical: The Fraternal Order of Police is a legal union which represents law enforcement officers. Your logic (of example) does not follow in application to cab drivers because FOP members were able to organize, but apparently Chicago cab drivers are not able to organize. There are numerous organizations throughout the world staffed by knowledgeable, intelligent professionals from all walks of life that have been able to determine the facts, the needs, the wants and the goals of the people they help. One does not have to be starving to death in Basra, for example, to know that food, clothing, and shelter is desperately needed there. Only am imbecile would suggest otherwise.
MDF’s Non-Sense: “NO, BECAUSE I'M NOT A COP. COPS, OR ANYONE ELSE WHO ISN'T A CHICAGO CABDRIVER, HAVE NO RIGHTFUL PLACE IN A LEGITIMATE GROUP REPRESENTING CABDRIVERS EXCEPT FOR WHAT WE HIRE OR DIRECT THEM TO DO.” It seems that MDF certainly is not able to organize his own life: The confession that he never made the deal that, with no confession, no bail or the confession-based conviction that never happened and the appeal that never included the undue pressure of the bond withdrawal without the confession.
MDF’s Non-Sense: “I'M NOT PRETENDING. YOU ARE. EVER HEAR OF THE GHANAIAN CABDRIVER ASSOCIATION? THE TAXI BROTHERHOOD? THE CHICAGO CABDRIVER ORGANIZATION? THE CHICAGO CAB DRIVER ACTION COMMITTEE? THE UNITED CABDRIVERS OF CHICAGO?” MDF claims membership (purely by association) to all these organizations! Neither the Taxi Brotherhood nor the Chicago Cabdriver Organization is a registered business or organization, just names in the wind. AUPD (Melissa, et al) wants nothing to do with MDF, and that is a fact.
MDF’s Non-Sense: “THEY'VE SABOTAGED THE AUPD, CCO, and AND UCOC.” More beating around the bush by MDF. What is your evidence to support your accusations? MDF has provided one verifiable fact that supports his claims. Who is spewing "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “THIS IS WHY THE CCO DOESN'T COLLECT MONEY FROM CABDRIVERS.” There is no CCO. Repeat the lie often enough….. Perhaps no one trusts MDF to give him any money. His website is under Fraud Watch. And so is this website.
Now you want to raise $20,000 just see if we can get permission from a court?
MDF’s Non-Sense: “I'VE NEVER SAID I WANT TO RAISE ANY MONEY AT ALL”. Yet you support Lutfallah’s scheme, which requires the raising of start-up legal costs of $20,000. MDF is twisting the facts, twisting the truth again -- the mark of a true slimebag con-artist. Of course this is the same twisted logic that allows MDF to claim that he never committed a crime, that his confession resulted in a wrongful conviction due to pressure by his mother to revoke the bond if he did not confess to a crime he did not commit in the first place, but confessed to in open court, under oath!
MDF’s Non-Sense: “YOU THINK TOO MUCH:” Which does not negate the fact that you do not. It’ OK, some people were born without a proper brain, although in your case, it may just be chemical imbalance. Why don’t you try an insanity plea on you wrongful conviction. The only way you can reverse your confession, is to prove you are/were/are insane.
MDF’s Non-Sense: “WHY ARE YOU WORRIED ABOUT LIMO AND SUBURBAN CABDRIVERS?” This answer does not follow the question.
MDF’s Non-Sense: “NOT ONLY DO I "KNOW MY UNION HISTORY", I'VE BEEN PART OF IT. I'VE BEEN TO THE BASEMENT OF THE TEAMSTERS HQ IN DC.” Perhaps that is where rats like you belong, with the rats who sold out Chicago cab drivers to the City.
MDF’s Non-Sense: “FROM THE NATURAL RIGHT OF FREE ASSOCIATION DESCRIBED IN THE UNITED STATES CONSTITUTION. MDF is confusing bigotry and racism, intolerance and hatred for a constitutional right. I suppose Hitler could claim he had the right to murder millions of people because of his twisted sense of right and wrong as well.
MDF’s Non-Sense: “HAVING TO SPEND TIME RESPONDING TO NONSENSE LIKE THIS. I DON'T MIND CORRECTING THE LIES I HEAR FROM OTHER CABDRIVERS...THE TRUTH IS THE BEST WEAPON TO DESTROY SELF-INTERESTED LIARS...PERMANENTLY.” The ultimate victory in the “destruction” of his enemies - this is the little Fascist’s golden dream of the future. Please specify what you mean by “destruction” Fearless Leader of the Easily Conned.
MDF’s Non-Sense: “THEY JUST DON'T NECESSARILY REPRESENT CHICAGO CABDRIVERS' INTERESTS. THEY HAVE THEIR OWN AGENDA.” More non-sense conspiracy theory. Evidence – where’s the beef? Without evidence, your claims are nothing but hot air, delusions of the demented. It should be noted that the judge in MDF’s trial had enough evidence to require two years of mental supervision.
Bottom Line: MDF seems to be the principal person who has been spreading non-productive nonsense and lies or insults” but Lutfallah comes in a strong second.
Jo Hannes
Not Guilty.
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
From the Court Record:
_____________________________________________________
IN THE CIRCUIT COURT OF COOL COUNTY
CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
-vs-
MICHAEL FOULKS
CASE # 05-C3-304843
Count:
The State's Attorney of Cook County now appears before the Circuit Court of Cook County and in the name and by authority of the People of the State of Illinois states that on or about September 4, 2005, in Cook County, Illinois
Michael Foulks
committed the offense of telephone harassment
in that the defendant used electronic communications to wit: a telephone for the purposes of threatening injury to the person or property to wit: defendant called the home of the victim J**** H**** and told J**** H**** that he would kill him if he did not give the defendant $250,000.
In violation of chapter 720 Act 5 Section 135/2(b)-4 of the Illinois compiled statutes 1992 as amended and contrary to the statute and against the peace and dignity of the same people of the state of Illinois.
CHARGE ID CODE: 00011325
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOL COUNTY, ILLINOIS
_____________________________________________________
Jo Hannes coincidentally -- same initials as Foulks' victim)
--- --- --- --- --- --- --- --- ---
Replying to:
Mr. Weiss,
Why are you posting things in two different places, are you afraid of my replies?
YOU WROTE:
"1. Question: Who is posting non-productive "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “PEOPLE WHO HIDE BEHIND FAKE NAMES.” This circular BS does not answer the question. It’s just an empty accusation, “non-productive nonsense.”"
YOU ASKED "WHO", I ANSWERED, "PEOPLE WHO HIDE BEHIND FAKE NAMES". THERE'S NOTHING "CIRCULAR" ABOUT IT.
YOU WROTE:
"2. Question: Who is being discredited?
MDF’s Non-Sense: “PEOPLE WHO USE THEIR REAL NAME.” Again, this run-around BS does not answer the question."
AGAIN, MR. WEISS, THERE'S NO "RUN-AROUND". IT'S A SIMPLE ANSWER TO A SIMPLE QUESTION.
YOU WROTE:
"3. Question: Conviction? The record says you confessed.
MDF’s Non-Sense: “I NEVER CONFESSED TO A CRIME.” You confessed to something, it’s in the public record. So did you lie (perjure yourself) in your brief that you were forced to confess because your mother was going to withdraw the bail if you did not? Are you lying now or did you lie to the judge at the hearing or did you lie in your appeal?"
THERE'S NO CONFESSION IN THE PUBLIC RECORD. THE REST OF YOUR QUESTIONS ARE THEREFORE ILLOGICAL OR TOO VAGUE TO ANSWER.
YOU WROTE:
"MDF’s Statement: "JOHANNES DOESN'T SUFFICIENTLY IDENTIFY YOU. YOU COULD BE Wolfgang "JOHANNES" Weiss.” The name is Jo (short for Josef) Hannes. I could be the man to whom you refer, but perhaps it is just your mental illness that makes you think so. You seem to have some kind fetish or (perhaps, unhealthy) fascination with Mr. Weiss, Mr. Nathan and Mr. Tang."
I HAVE NO MENTAL ILLNESS. NOT JUST BECAUSE I SAY SO. WOLFGANG "JOHANNES" WEISS HAS A FETISH FOR USING FAKE NAMES. HE FANCIES HIMSELF A "GREAT THINKER" OR "GREAT WRITER".
HE'S A "GREAT COWARD".
MR. NATHAN AND MR. TANG HAVE NO PLACE AMONG A PROPER REPRESENTATION OF THE WILL OF CURRENT CHICAGO CABDRIVERS.
AT LEAST MR. NATHAN ISN'T AFRAID TO USE HIS REAL NAME. MR. TANG IS "CLUELESS".
YOU WROTE:
"34. Question: Why do you believe that "people who aren't Chicago cabdrivers should [not] ... represent Chicago cabdrivers"?
MDF’s Non-Sense: “YOU BELIEVE THAT PEOPLE WHO AREN'T CHICAGO CABDRIVERS SHOULD BE DECIDING WHAT WE WANT? CAN I GO VOTE OR HOLD OFFICE IN THE CHICAGO POLICE UNION (FOP)?” This answer is not logical: The Fraternal Order of Police is a legal union which represents law enforcement officers. Your logic (of example) does not follow in application to cab drivers because FOP members were able to organize, but apparently Chicago cab drivers are not able to organize. There are numerous organizations throughout the world staffed by knowledgeable, intelligent professionals from all walks of life that have been able to determine the facts, the needs, the wants and the goals of the people they help. One does not have to be starving to death in Basra, for example, to know that food, clothing, and shelter is desperately needed there. Only am imbecile would suggest otherwise."
LIKE THE AFSC? THEY DEMANDED AN "UNCONDITIONAL, 25% FARE INCREASE" FROM THE CITY COUNCIL. CHICAGO CABDRIVERS DIDN'T AND WOULDN'T HAVE ASKED FOR THAT MUCH NOR IN THAT MANNER.
LIKE THE UTCC? THEY ACCEPTED THE "GAS SURCHARGE". CHICAGO CABDRIVERS DIDN'T WANT THE GAS SURCHARGE. THEY WANTED A REGLUAR FARE INCREASE.
IMBECILE? YOUR WHOLE "ARGUMENT" IS STUPID. ONLY CHICAGO CABDRIVERS THEMSELVES GET TO LEGITIMATELY DECIDE WHO REPRESENTS US AND WHAT OUR INTERESTS AND WILL IS.
CPTDA? 4 MEMBERS? UTCC? MAYBE 6.
CCO? DOZENS UPON SCORES. CCDAC? DITTO.
AUPD? MORE THAN CPTDA AND UTCC COMBINED.
THE GHANAIAN CABDRIVER ASSOCIATION? TRY HUNDREDS.
EVERYBODY ELSE IS JUST PRETENDING.
YOU WROTE:
"MDF’s Non-Sense: “NO, BECAUSE I'M NOT A COP. COPS, OR ANYONE ELSE WHO ISN'T A CHICAGO CABDRIVER, HAVE NO RIGHTFUL PLACE IN A LEGITIMATE GROUP REPRESENTING CABDRIVERS EXCEPT FOR WHAT WE HIRE OR DIRECT THEM TO DO.” It seems that MDF certainly is not able to organize his own life: The confession that he never made the deal that, with no confession, no bail or the confession-based conviction that never happened and the appeal that never included the undue pressure of the bond withdrawal without the confession."
YOU AREN'T DEMONSTRATING ANY GRASP OF THE LEGAL FACTS OR ISSUES INVOLVED IN MY COURT CASE. NONE OF IT IS RELEVANT TO ORGANIZING CHICAGO CABDRIVERS.
IT SEEMS YOU ARE CONFUSED, OR TRYING TO DELIBERATELY CONFUSE OTHERS. WHICH IS IT?
YOU WROTE:
"MDF’s Non-Sense: “I'M NOT PRETENDING. YOU ARE. EVER HEAR OF THE GHANAIAN CABDRIVER ASSOCIATION? THE TAXI BROTHERHOOD? THE CHICAGO CABDRIVER ORGANIZATION? THE CHICAGO CAB DRIVER ACTION COMMITTEE? THE UNITED CABDRIVERS OF CHICAGO?” MDF claims membership (purely by association) to all these organizations! Neither the Taxi Brotherhood nor the Chicago Cabdriver Organization is a registered business or organization, just names in the wind. AUPD (Melissa, et al) wants nothing to do with MDF, and that is a fact."
I DON'T CLAIM MEMBERSHIP IN ANY GROUP EXCEPT THE CCO AND THE CCDAC. NEITHER THE TAXI BROTHERHOOD NOR THE CCO NOR THE CCDAC NEED TO REGISTER ANYTHING WITH ANYONE BASED SIMPLY ON THE FACT THAT MONEY ISN'T BEING COLLECTED BY EITHER.
MELISSA CALLAHAN AND I HAVE A GOOD RELATIONSHIP. WE HAVE CONFERRED AT LENGTH AND IN DETAIL MANY TIMES IN THE LAST YEAR. WE HAVE WORKED TOGETHER AND APART.
MELISSA CALLAHAN CAN SPEAK FOR HERSELF.
YOU WROTE:
"MDF’s Non-Sense: “THEY'VE SABOTAGED THE AUPD, CCO, and AND UCOC.” More beating around the bush by MDF. What is your evidence to support your accusations? MDF has provided one verifiable fact that supports his claims. Who is spewing "non-productive nonsense and lies or insults"?"
SEE ABOVE. THE FACT IS, PETER ENGER CLAIMS NOT TO POST HERE USING FAKE NAMES WHEN HE OBVIOUSLY HAS IN FITS OF HYPOCRISY, TRYING TO DISTORT THE TRUTH.
YOU WROTE:
"MDF’s Non-Sense: “THIS IS WHY THE CCO DOESN'T COLLECT MONEY FROM CABDRIVERS.” There is no CCO. Repeat the lie often enough….. Perhaps no one trusts MDF to give him any money. His website is under Fraud Watch. And so is this website."
THERE IS A CCO. THE THIRD ELECTION IS SCHEDULED FOR NOVEMBER 19, 2008. A FEW PEOPLE HERE ARE ENCOURAGING TED BUDZYNSKI TO RUN.
I COULD RAISE SEVERAL THOUSAND DOLLARS IN SINGLE DAY, IF NEEDED. I JUST DON'T SEE THE POINT OF RAISING MONEY FOR ANYTHING NOW, IF EVER.
I HESITATE TO ASK, JUST WHAT IS "Fraud Watch"?
IS THAT LIKE A "Tornado Watch" OR "Tornado Warning"? I ALWAYS GET THOSE TWO MIXED UP.
DOES IT JUST COVER COOK COUNTY? OR ARE PARTS OF KENDALL, KANE, AND WILL COUNTIES ALSO AFFECTED?
YOU WROTE:
"Now you want to raise $20,000 just see if we can get permission from a court?
MDF’s Non-Sense: “I'VE NEVER SAID I WANT TO RAISE ANY MONEY AT ALL”. Yet you support Lutfallah’s scheme, which requires the raising of start-up legal costs of $20,000. MDF is twisting the facts, twisting the truth again -- the mark of a true slimebag con-artist. Of course this is the same twisted logic that allows MDF to claim that he never committed a crime, that his confession resulted in a wrongful conviction due to pressure by his mother to revoke the bond if he did not confess to a crime he did not commit in the first place, but confessed to in open court, under oath!"
I NEVER COMMITTED TO RAISING ANY AMOUNT OF MONEY. I SIGNED A DOCUMENT COMMITTING TO FORMING A UNION. IT'S CALLED THE "DECLARATION OF UNITY".
NOBODY SIGNED A BLANK PIECE OF PAPER. OR ARE YOU REFEERRING TO THE INFAMOUS FLYER FIASCO OF LAST YEAR, INVOLVING THE LYING, DECEPTIVE PRATEEK SAMPAT OF THE AFSC?
YOU WROTE:
"MDF’s Non-Sense: “YOU THINK TOO MUCH:” Which does not negate the fact that you do not. It’ OK, some people were born without a proper brain, although in your case, it may just be chemical imbalance. Why don’t you try an insanity plea on you wrongful conviction. The only way you can reverse your confession, is to prove you are/were/are insane."
AGAIN, THERE WAS NO CONFESSION TO ANY CRIME. I HAVE NEVER HAD A MENTAL ILLNESS.
YOU WROTE:
"MDF’s Non-Sense: “WHY ARE YOU WORRIED ABOUT LIMO AND SUBURBAN CABDRIVERS?” This answer does not follow the question."
YOU ARE AVOIDING THE QUESTION.
YOU WROTE:
"MDF’s Non-Sense: “NOT ONLY DO I "KNOW MY UNION HISTORY", I'VE BEEN PART OF IT. I'VE BEEN TO THE BASEMENT OF THE TEAMSTERS HQ IN DC.” Perhaps that is where rats like you belong, with the rats who sold out Chicago cab drivers to the City."
ANYBODY WHO SELLS OUT CHICAGO CABDRIVERS WILL HAVE TO DEAL WITH THE LIKES OF MIKE FOULKS. IT WON'T BE PRETTY.
YOU WROTE:
"MDF’s Non-Sense: “FROM THE NATURAL RIGHT OF FREE ASSOCIATION DESCRIBED IN THE UNITED STATES CONSTITUTION. MDF is confusing bigotry and racism, intolerance and hatred for a constitutional right. I suppose Hitler could claim he had the right to murder millions of people because of his twisted sense of right and wrong as well."
ANY HATRED I POSESS TOWARDS ANYONE IS BASED ON THEIR INDIVIDUAL CONDUCT. I AM NOT A BIGOT, RACIST, OR INTOLERANT PERSON. I AM QUITE THE OPPOSITE. I DON'T TOLERATE LIES OR LIARS.
I DON'T SEE WHAT HITLER HAS TO DO WITH ANY OF THIS. IS HE THE REASON WHY THE CPTDA AND WOLF WEISS HAVEN'T BEEN EFFECTIVELY HELPING TO ORGANIZE CHICAGO CABDRIVERS? IS THERE A THIRD REICH CONSPIRACY NOBODY ELSE KNOWS ABOUT?
YOU WROTE:
"MDF’s Non-Sense: “HAVING TO SPEND TIME RESPONDING TO NONSENSE LIKE THIS. I DON'T MIND CORRECTING THE LIES I HEAR FROM OTHER CABDRIVERS...THE TRUTH IS THE BEST WEAPON TO DESTROY SELF-INTERESTED LIARS...PERMANENTLY.” The ultimate victory in the “destruction” of his enemies - this is the little Fascist’s golden dream of the future. Please specify what you mean by “destruction” Fearless Leader of the Easily Conned."
THERE'S NOTHING SWEETER THAN CONFRONTING A HEARSAY LIE WITH A PROVABLE TRUTH AND WATCHING THE REALIZATION THAT PEOPLE WHO HAVE BEEN LIED TO WILL NO LONGER PAY ANY MIND TO THOSE WHO TOLD THE LIE IN THE FIRST PLACE.
TAKING NOTES, PRATEEK SAMPAT, PETER ENGER, STEVE KIM?
"UTCC" IS PIECE OF PAPER STAPLED TO A BULLETIN BOARD. EVERYBODY KNOWS IT.
YOU WROTE:
"MDF’s Non-Sense: “THEY JUST DON'T NECESSARILY REPRESENT CHICAGO CABDRIVERS' INTERESTS. THEY HAVE THEIR OWN AGENDA.” More non-sense conspiracy theory. Evidence – where’s the beef? Without evidence, your claims are nothing but hot air, delusions of the demented. It should be noted that the judge in MDF’s trial had enough evidence to require two years of mental supervision."
PRATEEK SAMPAT OF THE AFSC MODELED HIS WHOLE APPROACH ON THE FAKE UNION OF NYTWA AND THE MARXIST MATHEW BIJU. PRATEEK SAMPAT IS A RACIST WHO LIKES TO PURGE WHITES OUT OF HIS RADICAL "ORGANIZING".
JUDGE TOBIN HAD NO EVIDENCE TO REQUIRE TWO YEARS OF MENTAL SUPERVISION. SHE WAS FORCED TO REVERSE HERSELF. SHE RESIGNED HER POSITION A FEW DAYS LATER. SHE'S WAS A JUDGE WHO HAD PROBLEMS FOLLOWING THE RULES WHICH PROTECT DEFENDANTS FROM BEING WRONGLY CONVICTED AND SENTENCED.
THIS CASE IS A PROFESSIONAL EMBARRASSMENT TO HER AND OTHER OFFICERS OF THE COURT.
YOU WROTE:
"Bottom Line: MDF seems to be the principal person who has been spreading non-productive nonsense and lies or insults” but Lutfallah comes in a strong second."
I CHALLENGE ALL TO POINT OUT WHEN I'VE LIED.
I CHALLENGE ALL TO POINT OUT WHEN GEORGE LUTFALLAH HAS LIED.
I CHALLENGE ALL TO POINT OUT WHEN ANYONE HAS LIED.
I DON'T LIKE LIARS. I HAD TO SPEND TWO WEEKS IN COUNTY JAIL BASED UPON OTHERS' LIES.
TELL A LIE ABOUT ME TO MY FACE AND SEE WHAT HAPPENS TO YOU.
TELL A LIE ABOUT ME USING YOUR REAL NAME AND SEE WHAT HAPPENS TO YOU.
BOTTOM LINE, IT WON'T BE PRETTY.
-Mike Foulks
--- --- --- --- --- --- --- --- ---
Replying to:
1. Question: Who is posting non-productive "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “PEOPLE WHO HIDE BEHIND FAKE NAMES.” This circular BS does not answer the question. It’s just an empty accusation, “non-productive nonsense.”
2. Question: Who is being discredited?
MDF’s Non-Sense: “PEOPLE WHO USE THEIR REAL NAME.” Again, this run-around BS does not answer the question.
3. Question: Conviction? The record says you confessed.
MDF’s Non-Sense: “I NEVER CONFESSED TO A CRIME.” You confessed to something, it’s in the public record. So did you lie (perjure yourself) in your brief that you were forced to confess because your mother was going to withdraw the bail if you did not? Are you lying now or did you lie to the judge at the hearing or did you lie in your appeal?
MDF’s Statement: "JOHANNES DOESN'T SUFFICIENTLY IDENTIFY YOU. YOU COULD BE Wolfgang "JOHANNES" Weiss.” The name is Jo (short for Josef) Hannes. I could be the man to whom you refer, but perhaps it is just your mental illness that makes you think so. You seem to have some kind fetish or (perhaps, unhealthy) fascination with Mr. Weiss, Mr. Nathan and Mr. Tang.
34. Question: Why do you believe that "people who aren't Chicago cabdrivers should [not] ... represent Chicago cabdrivers"?
MDF’s Non-Sense: “YOU BELIEVE THAT PEOPLE WHO AREN'T CHICAGO CABDRIVERS SHOULD BE DECIDING WHAT WE WANT? CAN I GO VOTE OR HOLD OFFICE IN THE CHICAGO POLICE UNION (FOP)?” This answer is not logical: The Fraternal Order of Police is a legal union which represents law enforcement officers. Your logic (of example) does not follow in application to cab drivers because FOP members were able to organize, but apparently Chicago cab drivers are not able to organize. There are numerous organizations throughout the world staffed by knowledgeable, intelligent professionals from all walks of life that have been able to determine the facts, the needs, the wants and the goals of the people they help. One does not have to be starving to death in Basra, for example, to know that food, clothing, and shelter is desperately needed there. Only am imbecile would suggest otherwise.
MDF’s Non-Sense: “NO, BECAUSE I'M NOT A COP. COPS, OR ANYONE ELSE WHO ISN'T A CHICAGO CABDRIVER, HAVE NO RIGHTFUL PLACE IN A LEGITIMATE GROUP REPRESENTING CABDRIVERS EXCEPT FOR WHAT WE HIRE OR DIRECT THEM TO DO.” It seems that MDF certainly is not able to organize his own life: The confession that he never made the deal that, with no confession, no bail or the confession-based conviction that never happened and the appeal that never included the undue pressure of the bond withdrawal without the confession.
MDF’s Non-Sense: “I'M NOT PRETENDING. YOU ARE. EVER HEAR OF THE GHANAIAN CABDRIVER ASSOCIATION? THE TAXI BROTHERHOOD? THE CHICAGO CABDRIVER ORGANIZATION? THE CHICAGO CAB DRIVER ACTION COMMITTEE? THE UNITED CABDRIVERS OF CHICAGO?” MDF claims membership (purely by association) to all these organizations! Neither the Taxi Brotherhood nor the Chicago Cabdriver Organization is a registered business or organization, just names in the wind. AUPD (Melissa, et al) wants nothing to do with MDF, and that is a fact.
MDF’s Non-Sense: “THEY'VE SABOTAGED THE AUPD, CCO, and AND UCOC.” More beating around the bush by MDF. What is your evidence to support your accusations? MDF has provided one verifiable fact that supports his claims. Who is spewing "non-productive nonsense and lies or insults"?
MDF’s Non-Sense: “THIS IS WHY THE CCO DOESN'T COLLECT MONEY FROM CABDRIVERS.” There is no CCO. Repeat the lie often enough….. Perhaps no one trusts MDF to give him any money. His website is under Fraud Watch. And so is this website.
Now you want to raise $20,000 just see if we can get permission from a court?
MDF’s Non-Sense: “I'VE NEVER SAID I WANT TO RAISE ANY MONEY AT ALL”. Yet you support Lutfallah’s scheme, which requires the raising of start-up legal costs of $20,000. MDF is twisting the facts, twisting the truth again -- the mark of a true slimebag con-artist. Of course this is the same twisted logic that allows MDF to claim that he never committed a crime, that his confession resulted in a wrongful conviction due to pressure by his mother to revoke the bond if he did not confess to a crime he did not commit in the first place, but confessed to in open court, under oath!
MDF’s Non-Sense: “YOU THINK TOO MUCH:” Which does not negate the fact that you do not. It’ OK, some people were born without a proper brain, although in your case, it may just be chemical imbalance. Why don’t you try an insanity plea on you wrongful conviction. The only way you can reverse your confession, is to prove you are/were/are insane.
MDF’s Non-Sense: “WHY ARE YOU WORRIED ABOUT LIMO AND SUBURBAN CABDRIVERS?” This answer does not follow the question.
MDF’s Non-Sense: “NOT ONLY DO I "KNOW MY UNION HISTORY", I'VE BEEN PART OF IT. I'VE BEEN TO THE BASEMENT OF THE TEAMSTERS HQ IN DC.” Perhaps that is where rats like you belong, with the rats who sold out Chicago cab drivers to the City.
MDF’s Non-Sense: “FROM THE NATURAL RIGHT OF FREE ASSOCIATION DESCRIBED IN THE UNITED STATES CONSTITUTION. MDF is confusing bigotry and racism, intolerance and hatred for a constitutional right. I suppose Hitler could claim he had the right to murder millions of people because of his twisted sense of right and wrong as well.
MDF’s Non-Sense: “HAVING TO SPEND TIME RESPONDING TO NONSENSE LIKE THIS. I DON'T MIND CORRECTING THE LIES I HEAR FROM OTHER CABDRIVERS...THE TRUTH IS THE BEST WEAPON TO DESTROY SELF-INTERESTED LIARS...PERMANENTLY.” The ultimate victory in the “destruction” of his enemies - this is the little Fascist’s golden dream of the future. Please specify what you mean by “destruction” Fearless Leader of the Easily Conned.
MDF’s Non-Sense: “THEY JUST DON'T NECESSARILY REPRESENT CHICAGO CABDRIVERS' INTERESTS. THEY HAVE THEIR OWN AGENDA.” More non-sense conspiracy theory. Evidence – where’s the beef? Without evidence, your claims are nothing but hot air, delusions of the demented. It should be noted that the judge in MDF’s trial had enough evidence to require two years of mental supervision.
Bottom Line: MDF seems to be the principal person who has been spreading non-productive nonsense and lies or insults” but Lutfallah comes in a strong second.
Jo Hannes
What did your mother tell you to do, son?
Did the judge ever read your rights in court?
IN THE CIRCUIT COURT OF COOL COUNTY
PEOPLE OF THE STATE OF ILLINOIS
-vs-
MICHAEL FOULKS
CASE # 05-C3-304843
ORDER OF COMMITMENT TO
COOK COUNTY DEPARTMENT OF CORRECTIONS
=====================================
The above named defendant having been adjudged of the offense(s) enumerated below is hereby sentenced to the Cook County Department of Corrections as follows:
Count 001; Statutory Citation 720-5/1-1; Offense Harassment By Telephone; Sentence 30 Days
(Standard Form Text Omitted)
IT IS FURTHER ORDERED THAT 24 MOS. M/H PROBATION - 30 DAYS CCDOC
DNA SAMPLE, ALL MAND. F&C....
--- --- --- --- --- --- --- --- ---
Replying to:
What did your mother tell you to do, son?
Did the judge ever read your rights in court?
When I sat in Professor Lockyear's Criminal Law class at Loyola, I remember him saying that the most reliable confession is one drawn out by torture. If you put a prisoner at the end of a long pole, at least 50 feet long, and dip him into water until he almost drowns half a dozen times (waterboarding?), he's likely to say absolutely anything you like.
Of course, when facing an information alleging felony charges that amount to extortion of a sort, most sane people who KNOW they are not guilty refuse EVER to succumb and cop a plea. Even insane people go to trial if they KNOW they are innocent. So we ask ourselves why would anyone who is so sure of his innocence stand before a judge and say a "mea culpa" - I have sinned? Why go down on a charge that you KNOW you didn't do?
The fact is that there are any number of reasons.
One might be that the guy entering the plea knows beyond a doubt that he's going to be proven guilty and doesn't want to pass a fair deal from the prosecutor who would certainly ask for more if a trial were to follow. If someone is certain that the State has the goods on him and he can get the prosecutor to allow him to enter a plea on a lesser included charge, he might seize on the opportunity to save himself years in stir.
Another reason is that the guy taking a plea did the crime and just wants to get as little time as he can for whatever it was that he did.
We could go on and offer alternative speculations for why a particular person enters a guilty plea, but almost every case is unique in some respect. There's only one common denominator from my experience with the criminal justice system: virtually no criminal ever admits he entered a plea of guilty voluntarily. Most cons waive the right to take an appeal of their guilty pleas, but even they usually deny that they entered the plea voluntarily.
Talk to them. Take any 10 prisoners in the House of Corrections today who entered guilty pleas and ask each of them if their pleas were voluntary. I'll bet my left bun they all say they were forced one way or another.
So whatever he says, keep it in context. Know that his credibility is zero - except maybe to Mayor Daley who has him on the short list to replace Commissioner Reyes after Daley gets reelected. He's the perfect choice for DCS Commissioner.
At least we'd all know what we were getting for a Commissioner - truth, justice and the American way.
Donald Nathan
STATE OF ILLINOIS
SS
COOK COUNTY
IN THE CIRCUIT COURT OF COOL COUNTY
CRIMINAL DIVISION
PEOPLE OF THE STATE OF ILLINOIS
-vs-
MICHAEL FOULKS
CASE # 05-C3-304843
SUPPLEMENTAL MOTION VACATE PLEA OF GUILTY
Now comes Michael Foulks, defendant herein, and pursuant to supreme court rule 604(d), moves this honorable court to vacate his/her pleas of GUILTY to phone harassment.
IN SUPPORT THEREOF, defendant states the following:
1. That on September 29, 2005, HE PLEAD GUILTY to the offense of Phone Harassment in the Circuit Court of Cook County before the Honorable Judge Tobin.
2. That he was thereafter sentenced to 24 months FELONY Probation.
3. That his ground for vacating..... (not worth enumerating here because they were denied, In other words. of no legal, moral or ethical value or significance.}
Foulks is a master word weasel. He says he did not "CONFESS."
In many faiths and practices, CONFESSION is similar to the criminal one - to admit one's guilt.
A defendant who pleads guilty must do so, in the phraseology of a 1938 Supreme Court case, "knowingly, voluntarily and intelligently"
The burden is on the prosecution to prove that all waivers of the defendant's rights complied with due process standards.
In cases of all but the most minor offenses, the court or the prosecution (depending upon local custom and the presiding judge's preference) will engage in a plea colloquy wherein they ask the defendant a series of rote questions about the defendant's knowledge of his rights and the voluntariness of the plea.
Typically the hearing on the guilty plea is transcribed by a court reporter and the transcript is made a part of the permanent record of the case in order to preserve the conviction's validity from being challenged at some future time.
--- --- --- --- --- --- --- --- ---
Replying to:
When I sat in Professor Lockyear's Criminal Law class at Loyola, I remember him saying that the most reliable confession is one drawn out by torture. If you put a prisoner at the end of a long pole, at least 50 feet long, and dip him into water until he almost drowns half a dozen times (waterboarding?), he's likely to say absolutely anything you like.
Of course, when facing an information alleging felony charges that amount to extortion of a sort, most sane people who KNOW they are not guilty refuse EVER to succumb and cop a plea. Even insane people go to trial if they KNOW they are innocent. So we ask ourselves why would anyone who is so sure of his innocence stand before a judge and say a "mea culpa" - I have sinned? Why go down on a charge that you KNOW you didn't do?
The fact is that there are any number of reasons.
One might be that the guy entering the plea knows beyond a doubt that he's going to be proven guilty and doesn't want to pass a fair deal from the prosecutor who would certainly ask for more if a trial were to follow. If someone is certain that the State has the goods on him and he can get the prosecutor to allow him to enter a plea on a lesser included charge, he might seize on the opportunity to save himself years in stir.
Another reason is that the guy taking a plea did the crime and just wants to get as little time as he can for whatever it was that he did.
We could go on and offer alternative speculations for why a particular person enters a guilty plea, but almost every case is unique in some respect. There's only one common denominator from my experience with the criminal justice system: virtually no criminal ever admits he entered a plea of guilty voluntarily. Most cons waive the right to take an appeal of their guilty pleas, but even they usually deny that they entered the plea voluntarily.
Talk to them. Take any 10 prisoners in the House of Corrections today who entered guilty pleas and ask each of them if their pleas were voluntary. I'll bet my left bun they all say they were forced one way or another.
So whatever he says, keep it in context. Know that his credibility is zero - except maybe to Mayor Daley who has him on the short list to replace Commissioner Reyes after Daley gets reelected. He's the perfect choice for DCS Commissioner.
At least we'd all know what we were getting for a Commissioner - truth, justice and the American way.
Donald Nathan
