Illinois Criminal System Used in Civil Dispute

$300,000 Changes Hands – Brothers and Sisters Separated By State - Their Mother Is Charged With a Crime By Her Opponents - The Amy Joan Schneider Story Can Not End Here

By: Nell Kinzer-Smith

A 38 year old Mother of five is representing herself against some unbelievable odds in what appears to be a politically money driven court. Amy Joan Schneider says she is in the Macon County Illinois Civil Probate Court System fighting to reunite her children so they can “at least see each other.”

I was attracted to this case after having completed some light research and being astounded by the documentation confirming use of the Illinois Criminal Court as a litigation weapon. The Illinois criminal system is set in place by the tax payers to protect the people. In the case of The People of Illinois vs. Amy J. Schneider, ‘The People’s’ motivation and purpose is somewhat questionable.

Matt Hurley, Senior Editor of the conservative political blog ‘Weapons of Mass Discussion’ Link conducted at least two email interview with Schneider in 2003. To me, a disturbing story begins to take shape in this interview. WMD E Mail InterviewLink

Schneider says Circuit Judge Albert AG Webber IV is corrupt; and has been able to ignore the constitution because of the direct help of Illinois Supreme Court Justice Rita B. Garman. Public records show that Garman, a Republican appointed Webber as Judge in 2001, and that Webber has given Garman political campaign money. Judge John P. Shonkwiler, John K. Greanias, Mitchell K. Shick, and Scott B. Diamond, all Republicans have been named in Schneider’s pleadings filed in the court.

This is where it all gets peculiar for me.

Decatur Illinois attorney Kurt B. Bickes is one of the opposing lawyers in Schneider’s civil case. Bickes represents one or more of the people Schneider is battling in court for possession of her two natural children. Bickes is also being paid by Schneider’s opponent Karen Coates.

According to the court record, on February 7, 2005, attorney Bickes filed Direct Criminal Contempt charges against Schneider inside their civil case. This was after Schneider filed a petition to remove Judge A. G. Webber IV.

Bickes’ criminal contempt complaint, which is pending, originally asked the court to fine Schneider $25,000 and incarcerate her for six months in county jail. Now Schneider is facing criminal charges solely upon an attack from her civil litigation opponents. How can this be? Contempt Petition Link

If this were a common tactic available to both parties, as it must be in an impartial system, wouldn’t the Illinois system simply collapse from the parties bringing criminal charges against one another?

Of course, the non-partisan courts are supposed to be free of politics – the last word in fairness and evenhandedness. In this Illinois case, the system has failed.

Schneider’s sister, Karen Coates, has spent three hundred thousand dollars in attorney fees in this case. All this money paid to two Decatur Illinois law firms including Kurt B. Bickes.

You have probably guessed who Judge Webber gave Schneider’s children—that would be Karen Coates. It is notable that the three hundred thousand dollars Karen Coates paid to Decatur IL attorneys was not her money.

The three hundred thousand dollars spent came from a trust fund which belonged to Schneider’s two minor children. Yes folks, the guardian aunt has not paid one dime of her own money. In fact, from what I can gather from documentation, Karen Coates has actually paid herself out of the trust fund for ‘services rendered’ to Schneider’s two children, who are living in her home, undisputedly against Schneider’s will.

Now keep in mind that Schneider is currently raising three other children ages 12, 8, and 3. Schneider is a college graduate, owns her home and has run her own Photography business for the past 15 years as her only source of income. She appears quite a remarkable person to be forcefully deprived of seeing two of her five children by a probate court judge.

It all makes me wonder why Karen Coates, or anyone is able to keep Schneider’s two children away from her like that. Schneider says her parental rights have never been terminated by any court, including the one holding the children. Seems there would be a lot of legally fit parents without their children in Illinois if they were all treated with the same standards. The obvious and discordant factor in the hole case is the massive amount of money paid to lawyers in this relatively small town.

In news releases and articles on the internet, Schneider claims she and her children are the victims of a racist and biased Judge Albert G. Webber IV, who is politically ambitious and motivated by money. According to campaign disclosures, the last Supreme Court seat in Illinois cost the two candidates over 9.3 million dollars, a national spending record. One could certainly argue that money is a major factor in Illinois Judicial politics. Link

I talked briefly with Amy Joan Schneider by telephone. She graciously agreed to answer a few questions.

NKS First I have to tell you that I was quite taken aback by the US Newswire interview with your eleven year old daughter. Link

AJS Yes, she wants to know what’s going on. I guess she is just at that age where everything needs to be explained.

NKS Based on the interview, it seems she was affected by visiting the court with you this past summer. Do you think that helped her, and if so, how?

AJS I think it lets her understand what I am dealing with in Decatur. Hailey is very sharp and before she would always quiz me about what happened in court. I think the first time she went to court with me was really hard on her emotionally. After that, she seemed to find a little more balance and really pick up on things. It’s funny, after the second so-called hearing, Hailey said, Mom I feel like I need to take a shower. Of course I asked why, she said those people are so slimy--it’s dripping down the walls.

NKS It sounds like she is coping with the adversity very well given her age.

AJS I guess so. I know it makes her sad; she really wants to be with her sister Kaela.

NKS Maybe someday she will. How are her grades, does she have hobbies?

AJS Hailey is a B honor roll student at a Catholic School. I went to Catholic School and I think that’s pretty good. She also plays three musical instruments, piano, trumpet, and guitar. The School and our Community have so many things for kids to do we can’t keep up. Hailey and her brother want to do everything. She’s had six years of dance, ballet and jazz, which seems to be her favorite.

NKS Let me ask you about the crime you’ve been charged with. I think I understand what happened but how do you think this will play out?

AJS (laughter) I really don’t know, a person could say that the criminals are running the show here.

NKS OK, tell me what you mean by that.

AJS Well, the law seems to come in the form of money. The law or justice in Decatur [Illinois] is something you can purchase. In this case, and one side having spent three hundred thousand dollars, apparently anything can happen. For instance, the Illinois law says that the court is “without jurisdiction” to even hear a petition from a non-parent if a parent is willing and able to care for their children. I have never had a hearing to determine that question, and Judge Webber himself has made sure that I don’t get a hearing. That is really a crime—because he is breaking that law.

NKS Is there anything you can do? Is there anyone you can complain to?

AJS I have complained. So far, the system is willing to allow this advocate judge to enrich his friends and drinking buddies on the backs of my children and their future.

NKS In some of your pleadings, you claim that you are being unjustly punished. Elaborate.

AJS Again, this is the way the judge is covering up a crime. My sister pays Judge Webber’s friends three hundred thousand dollars and the judge ignores all obligations to obey the law. When I complain, Webber pretends he is protecting my children by levying judgments against me. My mother does not want my white children to be with the black ones and they have essentially paid off corrupt politicians to achieve that end.

NKS Who is the judge making the judgments for?

AJS Can’t you guess? Karen Coates, although by her own admission, she has not spent any of her own money.

NKS Then how is the judge legally justified in giving Karen Coates a judgment? How was she damaged?

AJS He was not justified—legally or morally. The court system and the judge assume that people just don’t care or are too stupid to see what they are doing. The judge is simply rewarding Karen Coates for a job well done. He needed her in order to steal all of that money. I have not received any money, and they all want me to shut up. That’s not going to happen.

NKS But you are facing jail. Six months is a long time.

AJS True, but I have to stand up. The judge and the paid lawyers have used intimidation from the start. My two children were sold by the court. And then, the connivers with their pockets full, allowed the opposing lawyer, Kurt Bickes to bring criminal charges against me for complaining about the judge and his disregard for the law and my constitutional rights.

NKS What proof do you have that the judge is breaking the law and what has the Supreme Court had to say about your allegations?

AJS As I said earlier, the law Link [755 ILCS 5/11-5.3 (c)] says the Judge Webber is breaking the law and “lacks jurisdiction”. The Illinois statute and constitutions are written in plain easy-to-understand language. Either the judge must obey the law written by the legislature or he is above the law. The Illinois Supreme Court Justices should all know about the violation because I have sent them notices and pleadings asking for an explanation; they have not responded. They are hiding like chickens in black robes.

NKS What steps are you currently taking in this matter.

AJS I am staying inside the system. Over a year ago, I filed a motion challenging Judge Webber’s jurisdiction. There has been a political stonewall in place, I guess to protect the thieves and hide what they have done. I believe there is still someone in the system with enough integrity that the wall of dishonesty and deprivation will eventually fall. I will also approach the Macon County Illinois States attorney’s office and ask for a criminal investigation.

NKS In Your recent news release interviews, you state that Court Justice Rita Garman, Sue Myerscough, Judge John Shonkwiler and other are complicit by virtue of participation or looking the other way. If you could say something to these individuals, what would it be?

AJS Hey Rita Garman, and others, you know I have never been given a hearing! Why aren’t you all obeying the constitution you swore to uphold? I only want for my children and myself what you expect for yourselves and your children!

NKS Thank you Amy Joan.

AJS Thank you.

Next, Did Karen Coates buy Amy Joan Schneider’s children for $300.000. I look forward to continuing my investigation into this compelling case. Stay tuned.

Link to Fight CPS posted 04/04/06 by trueandfree: Link

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