How Duane Thompson used Fraudulent Deception
I will demonstrate here that Duane Thompson recreated the "Errors of Law" that "Reversed and Remanded" the Mack case that he continually claimed supported a "Directed Verdict."
Duane's objections to "Evidence of Malice" should not have been allowed and a lack of a "Probable Cause" is a lack of a valid "Probable Cause."
Under the heading of the "Probable Cause" demonstrated a "Total Lack of Good Faith" I will point out the following:
As of August 3, 2008 I have a quote from someone that could be the Judge that signed the "Probable Cause" and helped Beverly get away with perjury in an earlier trial.
|To put it mildly, you were handed a win due to an error committed before you were charged, and an error that is well documented on your own site, and nothing more. The error was unknown prior to you being charged, and that's all I intend to offer in a public forum about the events of that day.|
|Above quote found at:
What makes the above quote so important is "the error" that he is posting about could only be the the false statements that were made to Police Officers on June 16, 1983 and used as "Defense Exhibit #5" in the jury trial that I won.
A "Report of Proceedings" signed by Judge Brinn and used as "Defense Exhibit #1" in the jury trial that I won proves he knew I had that Police Report and nobody did anything about it then so in reality the "Total Lack of Good Faith" was demonstrated in my first jury trial.
Now where "Evidence of Malice" is concerned the first thing I want to point out is that Judge Telleen demonstrated he would have accepted the word "faggot" as "Evidence of Malice."
The following quote comes from the bottom of page 28 in the transcript
prepared by Mary Thaxton and can be found at:
After Ed Rusk admits to using the word "faggot" Mr. Thompson states: "I'm going to object to the line of questioning based on relevancy." then Judge Telleen states: "He's - this man is not on trial and it's Mrs. Rusk. It has to be Mrs. Rusk - not Mr.Rusk."
Given that Judge Telleen would have accepted the word
"faggot" as "Evidence of Malice" look how many times Mrs. Rusk uses on:
pages 25, 28, 29 and 30 out of the transcript for the jury trial.
FYI, my primary defense to the charges Cheryl's Mother brought against me was to prove that the word "infatuated" was used maliciously. There was absolutely no justice in using the term "infatuated" to describe a concern, for someone, who had been a friend of mine for over two years before the lies were started. More on OverProtectiveMother.com.
Second, I'll show the objection that Duane Thompson made to the above "Evidence of Malice." That was one of the reasons the Mack case was overturned and why I will always say Duane Thompson used Fraudulent Deception because he made it look like the Mack case supported him.
Before Duane's objection, the judge stated on page 18
The objection Duane Thompson made that concealed the evidence of Malice on page 25, of Plaintiff's exhibit #2, is on page 19, line 5 of the transcript prepared by Mary Thaxton. In short, Duane objected by stating:
and the judge let him get away with his misleading remark by stating:
Next thing I knew, Duane Thompson was asking for a directed Verdict because he says I did not prove Malice. This is on page 16 line 9 of the transcript prepared by Betty Coopman.
This was an exact recreation of the errors of law in the Mack case. Duane Thompson knew it was a recreation of the errors of law in the Mack case and he has never once tried to deny it! If Duane had tried to deny it, I would have come forward with the proof at that time.
The rules at the Appellate Court state, unanswered arguments are true not false. That is exactly what I argued after having sanctions imposed on me. All three judges involved, appeared more interested in getting their names in three law books than to even consider Fraudulent Deception of Duane Thompson a possibility. No wonder why Duane used Fraudulent Deception, not a single judge cared about it!
That was another trick Duane Thompson used during the Oral Argument. He told the judges they could get their names in law books and it worked. They didn't appear interested in justice at all after that and even tried to tell me that a "Probable Cause" can be derived from testimony in the courtroom! The judges did not even care it was completely impeached testimony or what I could have proven with the *Real* "Probable Cause."
I will say this. Justice Michael P. McCuskey, who is now a Federal Judge, will have trouble making it to the Supreme Court, to fill any vacancies, if people find out, that he completely trashed the definition of "Probable Cause" just to get his name in three Law Books!
I recognized that the Errors of Law were recreated when I wrote up My First Reply Brief. For the next few years, all I tried to get the courts to do, was just to apply the correct definition of Probable Cause, so I could prove Malice from the words on the Probable Cause and then use the testimony of John Kinser and Judge Brinn to completely impeach Beverly Rusk again.
As you can see from pages 3 - 7 of the transcript prepared by Mary Thaxton, I had Beverly tell lie after lie after lie on the stand then, on page 7, I was going to use the "Probable Cause" to prove she was still lying through her teeth because of her prejudice/malice.
Duane Thompson objected to that and then ended up making it look like the concealed evidence, the lack of a valid "Probable Cause" should be held against the falsely accused! There isn't a legal precedent anywhere that violates the Sixth Amendment. The judges fell for that or they would have had to admit Judge Brinn was doing "Bev" favors and letting her abuse the process again!
The ORDER on TrashedSixthAmendment.com proves the Sixth Amendment should not have been broken in this instance either. The fact is, it was no longer about a missing "Probable Cause" for a 4 am phone call, but why Beverly used the courts to maintain her lies in the first place.
Here is another trick Duane Thompson used to throw off the Attorney Registration and Disciplinary Commission.
I ended up having to pay $2560.91 in sanctions, for trying to prove that someone who worked at the courthouse has lied and lied because of her malice and she had eight Judges (Brinn, Telleen and 6 judges at the Appellate Court) help her make a Total Mockery of the Justice System again.
Martha Stewart, you worked at the wrong place. If you had worked at the courthouse, people would have gladly added to your lies. They would have even violated the Sixth Amendment to add some of their own. This was proven to me by six Judges at the Third District Appellate Court of Illinois!
Starting on Page 25
26 and 27 do not show Malice, but they could be used to show a Total Lack of Good
Malice can be inferred from a Total Lack of Good Faith
Pages 31 through 44
2. That Beverly withheld evidence from the state.
3. When I knew I had won the jury trial.
Next is Duane Thompson's objection to the above evidence of Malice.
Just what was he trying to pull when he said "The Transcript speaks for itself?"
Starting on Page 18
It just wouldn't be the same, having the judge read what Beverly said, instead of having Beverly admit she had used the words "infatuated" and "faggot." Besides, I felt it was obvious that Duane Thompson was concealing a bogus "Probable Cause" and the lack of a *valid* "Probable Cause" would be the lack of a "Probable Cause." Just as I argued in my Reply Brief.
I had no idea that the Appellate Court would use completely impeached testimony to make it look like a valid "Probable Cause" was no longer needed in my case. The Sixth Amendment is supposed to protect me from judges abusing the process, but it did not in my case.
After evidence of Malice being objected to, I had to try and find another route. I was still trying to prove a total lack of good faith and that is what the next few pages of the transcript were for. Pages 20, 21 and 22.
We had a different Court Reporter for the second half of the trial. This is where Duane pulls off his stunt with making it look like the Mack case supported him!
Starting on Page 16 of the Second half of the trial
I honestly did not believe that a judge would hold concealed evidence
against the accused at this point,
so I proceeded to say some other things I wanted to say. Pages 17 - 21 of the second half.
More of what I was allowed to say in the Jury Trial. Pages 90 and 91.
Next is the testimony of Beverly Rusk, where
she was just one lie after the other.
I would have proven that on page 7 where I tried to have the "Probable Cause" introduced.
This trial could have taken 15 minutes, but it has been 15 years since
Judge John Telleen ruled
unknown evidence, the missing "Probable Cause", should be held against the falsely accused.
You can see for yourself below, that the "Probable Cause"
contained evidence of Malice.
It contains the word "Infatuated" and that was proven prejudicial in the jury trial.
With the following, a Total Lack of Good Faith would have been easy to prove.
Updated Last: 08/23/2008