DISCLAIMER re MANSLAUGHTER, MURDER ONE and Other Alleged CRIMINAL Activities.
“If Sylvia DIES and she is not Full Code then, in addition to GROSS MALPRACTICE, this will be MANSLAUGHTER.”— Dr. Kimball Ladien, 1/29/12.
The above WARNING was made to St. Joseph Administration and Its Lawyers (SJAIL) repeatedly starting one week BEFORE Sylvia’s WRONGFUL DEATH on 2/4/12. Dr. Ladien said what he meant and MEANT WHAT HE SAID. Instead of LISTENING to these WARNINGS, however, SJAIL terminated Dr. Ladien for his WHISTLEBLOWING efforts to SAVE his beloved wife. These issues are now in Court.
In America, however, all people are considered INNOCENT until PROVEN Guilty. In Fairness, this also includes the individuals whom Dr. Ladien collectively refers to as SJAIL.
No Judge and Jury have yet heard the case against SJAIL and those who may have potentially aided and abetted their actions. God willing, such a trial may never be necessary if common sense prevails and the System is FIXED for the GOOD of ALL by Win-Win MEDIATION instead of Lose-Lose Litigation.
With this DISCLAIMER in place, however, the following are Seven Core Legal FACTS upon which Dr. Ladien’s accusations against SJAIL are founded:
1. DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of MANSLAUGHTER.
2. It is DELIBERATE RECKLESSNESS for anyone BUT a JUDGE to try and Determine Competency, let alone change a person’s Advance Directives to be FULL CODE which always remains in place during the course of such hearings. (SJAIL DELIBERATELY did BOTH with Full KNOWLEDGE and INTENT in their actions.)
3. KNOWLEDGE and INTENT when combined with MEANS, MOTIVE and OPPORTUNITY = MURDER ONE.
4. Supervisors and even lawyers who have KNOWLEDGE of possible CRIMINAL activity and FAIL to show Due Diligence in INVESTIGATING, let alone FIXING and PREVENTING such problems, may be Negligent in their Supervision and may become Co-Conspirators after the fact under RICO to these Criminal Acts.
5. There is No Statute of Limitations on MANSLAUGHTER, MURDER ONE or SPECIAL PROSECUTORS.
6. It took 9 ½ YEARS and a SPECIAL PROSECUTOR but, in the end, Mayor Daley’s nephew plead GUILTY to MANSLAUGHTER. Justice may be slow but, with an INFORMED PUBLIC, COVER-UPs NEVER WORK.
7. In a Democracy, FREEDOM OF SPEECH Informs the Public to help Expose and Fix Problems.
These Seven Legal FACTS are discussed in further detail in Section 3 of Dr. Ladien’s 11/22/14 letter to Archbishop Cupich. It is time for the Church to LIVE ITS VALUES in its ACTIONS as well as its WORDS.
With these Seven Legal FACTS in mind, it remains Dr. Ladien’s focus to FIX THE SYSTEM of Arrogance, Stupidity and Systematic Abuse of Power (ASSs) that led to the WRONGFUL DEATH of Sylvia and so many others over the Millennia both here and around the World.
The more that we all work TOGETHER to FIX THE SYSTEM, the LESS important is “punishment,” per se.
The more we move from Lose-Lose Litigation to a Win-Win MEDIATION system that Investigates, Fixes and PREVENTS problems in the future, the better it will be both in America and around the World.
Let these be goals truly worthy of us all. Let us ALWAYS Speak TRUTH to Power-- Kimball Ladien, MD
9/99-10/99: Sylvia received possibly up to five times the amount of radiation acceptable over a year within a two week time period at Northwestern Memorial hospital (NW) during the treatment of a collapsed lung secondary to a pneumococcal pneumonia with empyema.
5/16/10: Because of, at the time, “unexplained” chest pains following these procedures, Sylvia received possibly up to another five times the amount of radiation acceptable over a year with in a 10 minute period during elective angiography at St. Joseph hospital (SJH) with no informed consent.
-- Five to ten times the amount of radiation acceptable over a year (25,000-50,000 mrem) is the range of over-radiation that victims of Hiroshima and others that have developed acute lymphoblastic leukemia have received. The deliberate COVER-UP concerning this over radiation continues to this very day.
7/14/10: While just prior to Sylvia’s elective angiography, she had a perfectly normal CBC, within just over four weeks, on 7/14/10 Sylvia was rushed to St. Joseph hospital’s emergency room near death with a hemoglobin of 2.3 and massive numbers of cancerous Leukemia blast cells throughout her body.
-- Although simple computer programs existed at the time for tracking Sylvia’s Cumulative Radiation Dose (CRD), neither NW nor SJH used these procedures thus, with DELIBERATE RECKLESSNESS, placing Sylvia and all other patients at totally unnecessary and avoidable risk of over-exposure to radiation and the subsequent consequences.
Late September 2011 to the present day: -- Even upon learning of this serious error of omission both NW and SJH with DELIBERATE RECKLESSNESS and CRIMINAL INTENT have FAILED to produce this critical clinical information in a TIMELY manner which was available to them and was repeatedly requested even BEFORE Sylvia’s WRONGFUL DEATH on 2/4/12.
-- Had not NW and SJH with DELIBERATE RECKLESSNESS withheld this critical clinical information, Sylvia WOULD STILL BE ALIVE AND GETTING BETTER TODAY.
-- BY LAW, patients exposed to nosocomial infections or other such avoidable hospital errors MUST be IMMEDIATELY informed by the hospital of such exposure and be tested and treated as needed.
-- So too, patients exposed to over-radiation MUST be IMMEDIATELY informed of this so that they, too, can be appropriately tested and treated.
-- It was DELIBERATELY RECKLESS behavior on the part of both Northwestern and SJH that led to Sylvia’s over-exposure to radiation that could have easily been AVOIDED utilizing readily available computer programs.
-- It was, however, CRIMINAL INTENT that has DELIBERATELY kept both Northwestern and SJH from sharing this crucial clinical data with Dr. Ladien BEFORE Sylvia’s WRONGFUL DEATH on 2/4/12 and since this time fearing both civil AND CRIMINAL actions against them for their DELIBERATE WRONGDOING.
Please SEE DISCLAIMER — Dr. Kimball Ladien.
11/20/11: after nurses cleared Sylvia’s clogged PICC line for the seventh time in the first two weeks since its placement, within 15 minutes Sylvia developed +3 unilateral right arm edema. As fate would have it, Sylvia’s primary physician, Dr. Harry Cohen, entered Sylvia’s room less than 20 minutes later. Dr. Ladien immediately asked Dr. Cohen to get an ultrasound of Sylvia’s arm which showed no distal occlusion.
While both Dr. Cohen and Dr. Ladien agreed at the time that Sylvia had most likely suffered a Deep Vein Thrombosis (DVT), other than elevating Sylvia’s right arm with a pillow, Dr. Cohen did NOT make any further suggestions as to specific interventions that could and/or should be done. Dr. Cohen also did NOT make a consultation to have this DVT evaluated by a specialist.
While Dr. Cohen was NOT necessarily a “specialist” concerning DVTs, as a cardiologist, he was most certainly a specialist concerning cardiac issues. As an expert, Dr. Cohen should have known that the risk of a Patent-Foramen Ovale (PFO = “hole in the heart”) in a normal population was 27%. As a cardiologist, Dr. Cohen should also have known that a PFO was the number one cause for strokes in individuals presenting with a DVT.
After a few days, Sylvia’s unilateral right arm edema gradually subsided. While this was apparently “good news” at the time, in retrospect it simply meant that Sylvia’s clot traveled from her arm, through her heart to large in her brain resulting in a stroke or Cerebral Vascular Accident (CVA).
While Dr. Cohen should have known the above facts concerning the risks of a stroke in a patient with a DVT, he gave neither Sylvia nor me any INFORMED CONSENT related to these matters. Again, Dr. Cohen also took no steps whatsoever to prevent this clot from traveling either to Sylvia’s brain (CVA) or to her lungs (PE = Pulmonary Embolism).
As Sylvia was already somewhat confused as typically happened following a course of chemotherapy (which she had at the beginning of November), the symptoms of Sylvia’s stroke were “masked” for some time. Because SJH’s MRI machine was being repaired, it was not until 12/23/11 that an MRI revealed that Sylvia had indeed suffered a stroke in her left parietal area.
While Sylvia’s overall orientation tended to improve several weeks following chemotherapy, because of her CVA, Sylvia continued to have varying levels of confusion up until the time of her iatrogenic death on 2/4/12. During NONE of the time 9/20/11-2/4/12 was Sylvia again at Full Decisional Capacity.
-- While the DELIBERATE RECKLESSNESS leading to Sylvia’s iatrogenic stroke was not, per se, the “proximal cause” of Sylvia’s WRONGFUL DEATH, Sylvia’s continuing confusion and diminished decisional capacity left her specifically vulnerable to the DELIBERATE RECKLESSNESS and manipulation by SJAIL.
--SJAIL, with DELIBERATE RECKLESSNESS and WILLFUL and WANTON INTENT KNOWINGLY took full advantage of Sylvia’s confused state to take the set of actions that ultimately lead to Sylvia’s WRONGFUL DEATH.
-- Between late November in mid-December 2011, Dr. Ladien became increasingly critical of repeated acts of gross malpractice on the part of SJH including, but by no means limited to, the DELIBERATE WITHHOLDING of Sylvia’s Cumulative Radiation Dose. SJH was not only totally aware of Dr. Ladien’s concerns, they took DELIBERATELY RECKLESS, WILLFUL and WANTON steps to SILENCE Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE SYLVIA.
-- From Sylvia’s initial hospitalizations in the fall of 1999 as well as from July 2010 through December 2011, Dr. Ladien and Sylvia had literally lived together in hospital rooms for well over 17 months without incident.
-- It was only as Dr. Ladien escalated his WHISTLEBLOWING efforts against severe and increasing MALPRACTICE on the part of SJH that SJAIL began its WILLFUL and WANTON retaliatory efforts against him.
-- On late Friday afternoon, 12/16/11, Dr. Ladien discussed with Dr. Hagob Kantarjian, the chairman of the Department of oncology at M.D. Anderson cancer center at the University of Texas treating Sylvia with monoclonal antibodies instead of another round of chemotherapy. As good as this news was, the “bad news” was that the treatment would not begin until 1/1/12.
-- Literally within one hour of learning this news, Dr. Ladien was told that Sylvia would need to leave the hospital the next day despite no adequate provisions having been made for this discharge.
While Dr. Ladien was concerned about this two week delay in starting monoclonal antibodies, Sylvia’s oncologist, Dr. Alan Gilman, and he had just started Sylvia on a new tyrosine kinase inhibitor, Pronatanib. It was their hope that this new medicine could help to stabilize Sylvia until beginning her monoclonal antibody treatment early in January.
12/16/11-12/18/11: Inadequate and dangerous discharge planning.
As noted in detail in CME III and IV, there were multiple failures in the precipitous post discharge “planning” that was ordered within an hour of Dr. Kantarjian recommending the holding off of monoclonal antibodies until the beginning of January. As noted in these documents, had Dr. Ladien not fought this discharge, Sylvia could have potentially died at home before monoclonal treatment even started.
It was precisely Dr. Ladien’s strenuous whistleblowing advocacy for the SAFE and PRUDENT treatment of Sylvia that set the stage for the events of the following day, Monday, 12/19/11.
While it is certainly possible that there were additional “factors” involved in SJAIL’s WILLFUL and WANTON RETALIATORY ACTIONS against Dr. Ladien, it will be impossible to know, let alone document, these additional factors until and unless a truly INDEPENDENT SPECIAL PROSECUTOR is appointed who can do not only full forensic interviews with all of the individuals involved but specifically search phone and email records along with other documents related to this case that have, to date, not been seen, let alone reviewed by any “supervisory” agencies including IDPH and JCAHO or law enforcement agencies such as the CPD and ISP.
Please SEE DISCLAIMER — Dr. Kimball Ladien.
12/19/11: Sylvia telling seven witnesses within five minutes that she wished me to stay with her.
As a direct retaliatory response to Dr. Ladien’s whistleblowing activities, SJAIL deliberately manipulated Sylvia in her confused state to allege that Sylvia did not want Dr. Ladien to stay with her in spite of the fact that Dr. Ladien had literally been living in the same hospital rooms with Sylvia for over 17 months without any incident whatsoever.
Again as noted in detail in CME III and IV, although Sylvia told at least seven people in the first five minutes of Dr. Ladien arriving in her room on 12/19/11 that she wanted Dr. Ladien to stay with her, the nurse manager present ordered these witnesses NOT to sign an affidavit to this effect.
Some three hours later, after much totally unnecessary turmoil, the “administrator on duty” for the hospital, Carol Schultz, who had begun this travesty several hours earlier, finally called back. Dr. Ladien told Carol Schultz in no uncertain terms that “If this is an example of your level of clinical competence or lack thereof, you don’t belong around sharp objects let alone patients.” Dr. Ladien then demanded that Schultz produce a written apology by the following morning or he would be seeking her dismissal and suing both her and hospital for gross malpractice and defamation.
12/20/11: A time for decisions. Deliberately Reckless Maliciousness. The beginning of the and for Sylvia.
12/20/11 was a time for decisions for Carol Schultz and Carol Buer, acting administrators at SJH. They could have easily simply apologized and rapidly de-escalate the situation. They did neither. Or they could NOT apologize and rapidly escalate the situation. They did both. This deliberately reckless maliciousness on the part of St. Joseph administration and its lawyers (SJAIL) was the beginning of the end for Sylvia and the beginning of the wrongful harassment of Dr. Ladien as a WHISTLEBLOWER.
In DELIBERATE WILLFUL and WANTON violation of SJH bylaws, SJAIL “summarily suspended” without cause or to process. SJAIL also BARRED Dr. Ladien from being in the hospital at all, let alone staying with Sylvia as he had been doing for the past 17 months.
While Dr. Ladien’s first “summary suspension” was reversed by the MEC as of 1/1/12, he was severely restricted in his ability to see Sylvia, being limited to only 30 minutes a day despite Sylvia’s literally crying all asking for Dr. Ladien to be “allowed” to stay with her as he had been doing previously.
12/23/11: SJAIL changing Sylvia’s POA despite her clearly diminished decisional capacity
While literally within minutes of Dr. Ladien being barred from seeing Sylvia, SJH staff were already trying to get Sylvia to change her POA despite her clearly diminished decisional capacity, they did not “succeeded” in these repeated efforts until 12/22/11. Sylvia being Sylvia, it is appropriate to note that this is also the day that Nanci Koschman’s case for a SPECIAL PROSECUTOR was first heard….
Again, while SJAIL was fully aware of Sylvia’s diminished decisional capacity, AT NO TIME DID THEY ATTEMPT TO GET JUDICIAL REVIEW of their clearly dangerous and, ultimately, DEADLY actions.
It was precisely this DELIBERATE RECKLESSNESS on the part of SJAIL leading ultimately to Sylvia’s WRONGFUL DEATH that was the original basis for charges of MANSLAUGHTER against SJAIL and the original suit against SJH at al.
12/25/11: CME I—“ The frantic husband and his dying wife.” In order to “simplify” the issues involved for both SJAIL and the MEC, Dr. Ladien wrote the above one-page parable of a frantic husband bringing his wife to an emergency room desperately seeking help. While in this “case history,” the husband’s wife needlessly died because the ER staff failed to LISTEN to the husband’s WARNINGS, at the time Sylvia was still very much alive. Unfortunately, whereas Dr. Ladien attempting to be “proactive” concerning the treatment of Sylvia, he ended up being “prophetic” instead.
1/1/12- 1/28/12: SJAIL dangerously delaying the start of Monoclonal Antibody (MAb) treatment.
Because of the change in Sylvia’s POA, Sylvia did not start her MAb treatment at the beginning of January as was originally planned. Instead, because of Sylvia’s ongoing blast cell crisis, her overall condition continued to deteriorate.
1/6/12: Once Dr. Ladien was “allowed” to stay Sylvia again, in the Presence of witnesses, Sylvia again signed for Dr. Ladien to be her power of attorney. While the CEO of SJH, Roberta LUSKIN-HAWK came racing down to Sylvia’s room, she was too late to stop Sylvia.
1/7/12: the following day Luskin Hawk again barred Dr. Ladien from staying overnight with Sylvia and then simply had her power of attorney changed yet a third time in a period of less than two weeks.
1/10/12: in a meeting with LUSKIN-HAWK and other SJH administrators, Dr. Ladien was unsuccessful in getting LUSKIN-HAWK to allow him unrestricted access to Sylvia as Sylvia was clearly and repeatedly requesting of the nursing staff who deliberately did NOT document Sylvia’s request under orders of SJAIL. Thus the Deliberated Falsification Of Records By Omission (DFORBO) that had begun on 12/19/11 continued unabated to Sylvia’s WRONGFUL DEATH on 2/4/12.
Dr. Ladien left the meeting on 1/10/12 explicitly telling LUSKIN-HAWK “If you truly don’t understand what is 100% ETHICALLY, PROFESSIONALLY and LEGALLY WRONG with what you are doing, this is precisely why the courts and other review bodies will need to be involved in these matters.”
1/17/12: Because of the pressors Dr. Cohen had started Sylvia on to stabilize her falling blood pressure, Sylvia suffered a heart attack necessitating her return to the ICU. Thus, this month delay in starting Sylvia’s MAb treatment was nearly fatal in and of itself.
1/27/12: SJAIL changing Sylvia’s Advance Directive from Full Code to DNR status without a court order.
As bad as changing Sylvia’s POA had been, it was Dr. Ladien’s hope that as Sylvia improved she would get to the point that she could easily on her own again know what was going on and change her POA back to him. Unfortunately, because of the deliberate delays in starting Sylvia’s monoclonal antibody therapy and her ongoing blast cell crisis, Sylvia’s medical and mental condition continue to deteriorate.
On 1/27/12, the CEO of SJH, Dr. Roberta Luskin Hawk, informed Dr. Ladien of her intent to change Sylvia’s Advance Directive from FULL CODE to DNR status without a court order. An Advance Directive, by definition, is supposed to reflect an individual’s OWN wishes from when they are of full decisional capacity. Changing an Advance Directive without a court order is like trying to change somebody’s will arbitrarily and capriciously without judicial review when this action is being vigorously contested. Simply put, changing Sylvia’s Advance Directive from Full Code to DNR status without a court order was, again, an Intentional and Knowingly Fatal RECKLESS Abuse of Power (InkFRAP) directly leading to the WRONGFUL DEATH of Sylvia that would be the basis of Murder One (M1) charges against SJAIL.
1/28/12-2/1/12: Sylvia’s blast cell count becomes undetectable after starting monoclonal antibodies
It was only after threatening to take SJAIL to court that Sylvia’s MAb treatment was finally begun on 1/28/12. As has been true in other patients undergoing this treatment, within a period of several days Sylvia’s blast cell count went to zero and Sylvia’s vital signs stabilized off of pressors. Simply put, the MAb treatment had WORKED and Sylvia was getting BETTER.
1/29/12: KL to Dr. Cohen “If Sylvia dies and she is not Full Code then, in addition to gross malpractice, this will be Manslaughter.”
Sylvia’s oncologist, Dr. Alan Gilman, had specifically told both SJH administration that it made no medical sense for Sylvia to be made DNR while she was undergoing MAb treatment. Dr. Ladien not only fully agreed with Dr. Gilman’s position, on Saturday (1/28/12) and Sunday (1/29/12), he confirmed with two lawyers knowledgeable in this area that Deliberate Recklessness leading to the WRONGFUL DEATH of a patient was, in fact, the definition of MANSLAUGHTER.
It was precisely based upon this legal opinion from two different lawyers, in a desperate effort to protect Sylvia, Dr. Ladien repeated to Dr. Harry Cohen in a chance meeting on Sunday night (1/29/12) in the men’s bathroom of SJH is physician lounge that “If Sylvia dies and she is not Full Code, in addition to gross malpractice, this will be Manslaughter.”
1/30/12: WRONGFUL HARASSMENT of a WHISTLEBLOWER (me) desperately trying to save Sylvia.
While, by Dr. Cohen’s own repeated admission, Dr. Ladien never in any way physically threatened him or anyone else, for simply WHISTLEBLOWING in his desperate efforts to try and protect Sylvia by stating the legal TRUTH of the matter, Dr. Ladien was again summarily suspended from SJH staff and barred from seeing Sylvia—again in WILLFUL and WANTON VIOLATION of SJH’s won Bylaws.
Thus both SJAIL and, ultimately, the MEC chose to simply blame the messenger for the message. Instead of PROTECTING Sylvia they simply attacked Dr. Ladien.
1/30/12-2/4/12: Watching Sylvia slowly drown to death on her own secretions = Manslaughter and Murder One (M1) --“Like putting down a dog.”
As is well-documented in the medical records, every time Dr. Ladien was barred from seeing Sylvia she would cry out loudly asking for me to be with her. Now that Dr. Ladien was again barred from seeing Sylvia, she was again crying out loudly and, often, “uncontrollably.”
Although the dermatitis on Sylvia’s backside from laying in her own diarrhea for hours had long since resolved, SJAIL maintained Sylvia’s morphine drip literally to silence her.
Far from turning down, let alone off, Sylvia’s morphine drip, it was increased to the point that Sylvia was not only totally sedated, but she could not even swallow.
Over a period of six days (1/30/12 2/4/12), SJAIL, the MEC and Harry Cohen all watched Sylvia slowly drowned to death on her own secretions.
One individual certainly in a position to understand what was being done described the process as “like putting down a dog.”
While Sylvia is certainly NOT a dog, even euthanasia is a crime in Illinois. MANSLAUGHTER and MURDER ONE are even worse.
Although the MEC had SEVEN DAYS to act, they did NOTHING to protect Sylvia (e.g. protect her airway and demand that Sylvia be maintained as FULL CODE until a judicial review could be held, etc.). Again, Deliberate RECKLESSNESS leading to a WRONGFUL DEATH is the legal definition of MANSLAUGHTER.
As SJAIL all had good reason to fear for their jobs, licenses and even liberty (ie, jail time) if Sylvia were to “wake up” and testified against them in court, they all had the MEANS, MOTIVE and OPPORTUNITY to deliberately conspire to ensure that Sylvia “never woke up.” Again, Intentional, Knowingly Fatal Abuse of Power (Ink-FRAP) leading to a WRONGFUL DEATH with the Presence of MOTIVE constitutes the legal definition of MURDER ONE (M1).
Please SEE DISCLAIMER — Dr. Kimball Ladien.
2/4/12: Ice, Ice, ICE!--Killing Sylvia twice in a single day. SJAIL ASSs Gone Wild.
-- Although following Sylvia’s WRONGFUL DEATH on 2/4/12 Dr. Ladien insisted that the police come to SJH on two occasions that day, the CPD REFUSED to even take a REPORT let alone INVESTIGATE Sylvia’s WRONGFUL DEATH in DIRECT VIOLATION of their sworn DUTY to investigate CRIMINAL activities.
-- As a scientist as well as physician, Dr. Ladien had done prize-winning work in the area of CRYOGENICS and had, with Sylvia’s full knowledge and consent, intended to cryogenically preserve her if this became the only option left.
As SJAIL would not even “allow” Sylvia to be immediately packed in ice following her WRONGFUL DEATH, it quickly became impossible to cryogenically preserve Sylvia even when Dr. Ladien brought dry ice to SJH and offered to simply give it to them to, again, protect Sylvia while these matters were being decided in court. Thus, by their deliberately RECKLESS, Arrogance, Stupidity and Systematic Abuse of Power (ASSs), SJAIL succeeded in killing Sylvia twice in a single day. This truly was SJAIL ASSs Gone Wild.
-- By the CPD’s REFUSAL to even take Sylvia to the morgue for preservation and protection, let alone INVESTIGATE the full facts of the situation, the CPD in effect already was KNOWINGLY DIRECTLY PARTICIPATING in SJAIL’s DELIBERATE OBSTRUCTION OF JUSTICE as well as, again, SJAIL’s INTENT and effect of KILLING TWICE in a single day.
-- The CPD also allowed vital EVIDENCE of CRIMINAL activity to be destroyed by not preserving Sylvia’s body for further examination but allowing Sylvia to be CREMATED again against her stated wishes.
-- While the CPD was and is absolutely correct that there are serious CIVIL issues of MALPRACTICE that can and will be prosecuted, their continuing REFUSAL to even INVESTIGATE the WRONGFUL DEATH of Sylvia, just as in the case of David Koschman, makes the CPD and SAO CO-CONSPIRATORS after the fact to OBSTRUCTION OF JUSTICE, MANSLAUGHTER, MURDER ONE and the various other CRIMINAL and civil wrongdoings listed in my CME III, Tables 1-4. (Cf. Judge Toomin, Dan Webb, Locke Bowman and Taylor.)
-- As serious as these ONGOING efforts at OBSTRUCTION OF JUSTICE and COVER-UP are, the CRIMINALITY of SJAIL’s actions began long before Sylvia’s WRONGFUL DEATH.
--As noted at the beginning of Dr. Ladien’s civil case “Getting Away With Murder?—Part I—Civil Issues,” “SJAIL could only be so audacious and flagrant in their violation of the law, illegally changing Sylvia’s multiple Advance Directives to be FULL CODE and then literally standing by for SEVEN DAYS as Sylvia slowly DROWNED TO DEATH on her own secretions and then seeking the WRONGFUL TERMINATION of Dr. Ladien as a WHISTLEBLOWER, desperately trying to SAVE SYLVIA, because on some fundamental level, they understood that the current lose-lose litigation system would PROTECT them and their UNETHICAL and CRIMINAL behavior.”— To date, they have been absolutely correct in this assumption.
>2/4/12: WRONGFUL HARASSMENT of a WHISTLEBLOWER = COVER-UP = OBSTRUCTION OF JUSTICE.
While common sense and common decency might have suggested to SJAIL that simply apologizing for the WRONGFUL DEATH of Sylvia and dropping all charges against Dr. Ladien might have gone a long way towards resolving this tragedy in a positive way, this is certainly NOT what SJAIL chose to do.
From the very beginning of this process, Dr. Ladien had been blocked by SJAIL from reaching out to Sister Mary Imler, the Chairman of Presence, to discuss these matters with her directly. Again, as with any case of abuse, SJAIL wasn’t blocking Dr. Ladien from reaching out to Sister Mary to “protect” her or even Presence. SJAIL was blocking me to protect themselves.
Simply put, at each and every point that SJAIL had the opportunity to resolve these issues positively in a win-win fashion, they have simply redoubled their efforts to Stonewall, cover-up and, thus, OBSTRUCT JUSTICE.
>6/27/12: Reaching out to “Higher Authorities”—Cardinal George, IDPH, EOIG and Governor Quinn.
Just as in far too many previous cases involving the Catholic Church, rather than simply immediately doing the right and loving thing, the network of individuals actually involved in the abuse simply re-doubled their efforts to blame the messenger for the message. Again, as in most cases of abuse, SJAIL was not hiding the truth to protect the Sisters. SJAIL was hiding the TRUTH to protect THEMSELVES.
By the end of June, 2012, Dr. Ladien was fully prepared to take these matters to court. Instead, however, at significant personal professional risk, he reached out to Cardinal George for his help in resolving these matters in a positive win-win way.
Within days, Cardinal George had appointed the Archdiocese’s Chief Conciliator, Ralph Bonaccorsi, to reach out to Sister Mary for the purpose of setting up a meeting between the three of them to seek a loving resolution of these issues. Sadly, two years now, these efforts have been blocked by SJAIL.
Similarly, when Dr. Ladien was finally forced to reach out to IDPH for their assistance in these matters, their Chief investigator for hospitals, Bill Bell, was again “blocked by the lawyers” from speaking directly with Sister Mary. While Bill Bell has always stated his willingness to continue his investigation into the WRONGFUL DEATH of Sylvia, not only has he been stonewalled in his efforts by SJAIL, he has also been blocked by IDPH’s Chief legal counsel, Jason Boltz!
Jason Boltz has stated that he will only “allow” this investigation into the WRONGFUL DEATH of Sylvia to continue “If Gov. Quinn tells me to do so.” It is for this reason that Dr. Ladien first reached out to Diana Zuver and Ricardo Reyes in the Executive Office of the Inspector General (EOIG) and then, finally, to Gov. Quinn himself. .” Despite multiple efforts by Dr. Ladien over the past year in reaching out to Gov. Quinn, sadly and to his shame, he has yet to simply tell Boltz to “DO YOUR JOB.”
At this point, however, if these matters are not placed on HOLD during the time of a full forensic investigation by a SPECIAL PROSECUTOR and/or through the Libellus process within the Church itself, much as with Mayor Daley’s nephew and, more recently, with Metra-Gate, the only question that voters and jurors will have will be “Why did Gov. Quinn and Cardinal George not intervene earlier to ensure that these matters were fully investigated and true Justice was done?
6/29/12: CME II—“Frantic Husband—Redux.” In a one-page extension on Dr. Ladien’s original CME I, he expands the original scenario related to a “frantic husband” bringing his wife to an emergency room. In this version of the “case history,” the “husband” is either a) a physician; b) a department head; or c) a world-renowned cardiologist whose wife dies in an ER because the staff refuse to listen to his warnings.
7/27/12: letter to state Senate president John Cullerton outlining “Safe Haven-Chicago.” Letter proposes having Chicago serve as a demonstration site for a City-wide Safe Haven program that would be in place during the fall of 2012. Programs would include a Community Service Corps implying individuals to work in jobs ranging from day care assistants, teachers aides, afterschool aides in tutors to community clean up crews and garbage collection assistants as well as working in jobs in the private sector.
9/14/12: letter to Bruce Rauner requesting BIPARTISAN support for Safe Haven and related initiatives aimed at breaking the cycles of gangs, drugs, abuse and joblessness in Illinois while SAVING both lives and tax dollars in the process. This letter also includes a “three week, three month, three-year agenda” for implementing Safe Haven pilot programs on a city, state and national level. (Note: this letter was written 1 ½ years before Rauner was chosen as the Republican gubernatorial candidate for 2014.)
1/14/13-1/15/13: Kangaroo Courts vs. (Anything But) “Fair” Hearings.
WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER desperately trying to save Sylvia could have been resolved in the (anything but) “fair” hearings held on 1/14/13 and 1/15/13, sadly, this was not to be. The Kangaroo Court that occurred was a fundamental Denial of DUE PROCESS on multiple levels including the following:
--No discovery: To this very day fundamental documents related to this case have still been with help from Dr. Ladien
-- No interrogatories: Dr. Ladien has never had the opportunity to send interrogatories to even the main individuals involved in this matter, let alone ALL of those involved.
--No depositions: Just as with interrogatories, Dr. Ladien has not been “allowed” depositions of ANY of the critical players involved in this matter
-- No witnesses: Because all of Dr. Ladien’s intended witnesses for SJH employees, SJAIL simply forbade them from testifying in his defense.
--Blocking cross examination: Even those witnesses supplied by SJAIL to testify against Dr. Ladien were BLOCKED in cross-examination from answering many of the questions fundamental to his defense.
--No “right” to defend himself before a “jury of his peers”: In the over two years since the start of this tragedy, Dr. Ladien has never ONCE been “allowed” to speak DIRECTLY to the MEC, let alone Sr Mary.
-- In the absence of these basic due process rights, as noted above, this (anything but) “fair” hearing was simply a KANGAROO COURT meant to OBSTRUCT JUSTICE and defame, discredit and professionally destroy Dr. Ladien if, as and when these matters finally go before a REAL JUDGE and a REAL JURY.
2/20/13: CME III—“The Anatomy of a Murder. A Question of Justice.” In an effort to give members of the MEC more “background” on this case BEFORE they voted on Dr. Ladien’s “fate,” Dr. Ladien wrote this document on Sylvia’s birthday. Included in CME III was Dr. Ladien’s “12 Ethical Questions” to be taken as both a pre- and post-test to help evaluate readers understanding of this material.
3/20/13: “Loved One’s Test.” Simple two-page “test” sent to Gov. Quinn belong with Dr. Ladien’s “12 Ethical Questions” to give Gov. Quinn a quick summary of the issues involved in the WRONGFUL DEATH of Sylvia while urging him to simply tell the Chief legal consul at IDPH, Jason Boltz, to DO IS JOB. Sadly, to date, this has yet to happen.
3/31/13: In Dr. Ladien’s Easter letter to Cardinal George he outlines his “four tools plus one” (GEIP, IF-PREVENT, Super-EPIC and Safe Haven) that could go a long way indeed towards FIXING THE SYSTEM ONCE AND FOR ALL both in America and around the world.
Dr. Ladien’s global energy independence program (GEIP) can provide a clean, renewable energy source that can SAVE &2-3 TRILLION/Year of the $5-7 T spent annually primarily on carbon-based energy sources. In addition to helping and poverty, illiteracy and endemic diseases around the world.
Much as FedEx can track a package in real time anywhere around the world, Dr. Ladien’s INVESTIGATE, FIX and PREVENT (IF-PREVENT) and Super-EPIC programs could help “track” the status of a “problem” be it in medicine, business, government or even abuse of children in the Church or elsewhere literally with the click of a button.
Safe Haven, as noted above, is a program that Dr. Ladien has been developing over the past 25 years, through the use of a Community Service Corps (CSC), much like the original WPA and CCC of the depression era, go a long ways towards breaking the cycles of gangs, drugs, abuse and joblessness both in America and around the world.
As GEIP could help to fund these programs both in America and elsewhere, Dr. Ladien strongly argues that this would be the best way of honoring Sylvia’s personal definition of JUSTICE which was to always “Try and make something very GOOD out of something very Bad.”
This would also be the appended be of Dr. Ladien’s lifelong desire to ALWAYS SEEK THE TRUTH and the WIN-WIN WAY. To date, while proposed, these programs have YET to be implemented.
4/5/13: CME IV—“SJAIL Gone Wild. A Procto-Logical Examination of Arrogance, Stupidity and Systematic Abuse of Powers (ASSs) and Its Treatment.” This document was an even more detailed examination of the “decision points” leading to Sylvia’s WRONGFUL DEATH broken down into “cognitive dyads.” At the end of each section concerning a specific “cognitive dyad/decision point,” MEC and board members were again asked specific questions to both evaluate their understanding of these events and two documents “what they knew, when they knew it and what they did with the information once they had it.”
In terms of a full forensic INVESTIGATION into the WRONGFUL DEATH of Sylvia, investigators should still ask MEC and board members, as well as the Sisters themselves, to both read this material and ANSWER THE QUESTIONS as a screening tool useful in evaluating specific witnesses and their level of understanding and culpability related to these matters. Again, if the MEC and board members “voted” on terminating Dr. Ladien WITHOUT ever having read this material and answered these questions, it would be yet another “proof positive” of the utter LACK of both DUE DILIGENCE and DUE PROCESS related to this case
4/12/13: CME IIIb—“Wrongful Death and Hanging at the Not-So OK Corralled.” Included in CME III was a copy of the enclosed parable concerning a corrupt Mayor and his nephew, the Sheriff in the old wild West with Gov. “good guy” Quinn “riding into town” at the last minute to “save the day” (and his own re-election). Again, unfortunately, despite of over a year of concerted effort through multiple channels, Gov. Quinn has YET to simply do the RIGHT THING for the RIGHT REASONS.
While Dan Webb interviewed Gov. Quinn in his forensic investigation into the WRONGFUL DEATH of David Koschman, it is unclear that Gov. Quinn had any “meaningful role in OBSTRUCTING that investigation. In the case of Sylvia-Gate, however, Gov. Quinn is already guilty at the minimum of NEGLIGENT SUPERVISION. To the extent that Gov. Quinn’s instructs “his” lawyers from the Atty. Gen.’s office to attempt to have Dr. Ladien’s case dismissed without a single fact having been “discovered,” let alone heard by a REAL JUDGE and a REAL JURY, Gov. Quinn would also be, by definition, under RICO law a CO-CONSPIRATOR after the fact to OBSTRUCTION JUSTICE, MANSLAUGHTER and MURDER ONE. It is precisely to PROTECT Gov. Quinn, Lisa Madigan, the Sisters, Cardinal George as “supervisors” as well as to protect himself that Dr. Ladien seeks a SPECIAL PROSECUTOR to do the job that neither the CPD nor SAO have yet to do.
7/12/13: Reaching out to the ARDC—James L. Needles, Senior Counsel.
-- Following the failure of IDPH, EOIG and Gov. Quinn to INVESTIGATE the WRONGFUL DEATH of Sylvia, let alone refer these matters to the appropriate criminal justice authorities, Dr. Ladien reached out to principal lawyer’s involved in the matters both leading to Sylvia’s WRONGFUL DEATH and the subsequent ongoing COVER-UP of these events and activities.
-- The senior counsel for the ARDC, James L needles, wrote back to Dr. Ladien that “allegations of criminal conduct or appropriately addressed and resolved in court or in the criminal justice system and not by this commission.” Thus the ARDC as well REFUSED to even investigate these matters.
8/1/13: follow-up letter by Dr. Ladien to Bob Clifford requesting his help in either seeking a MEDIATED out-of-court resolution to this case or, if necessary, assisting in the filing of a civil case concerning both the WRONGFUL DEATH of Sylvia and his own WRONGFUL HARASSMENT as a WHISTLEBLOWER desperately trying to SAVE SYLVIA. Letter includes a shorter “chronology of events” as Table 4.
8/20/13 and 9/12/13: Looming Deadlines and Critical Choices. Mediation BEFORE Litigation
“All that it takes for evil to prevail is for good people to do NOTHING.”— Edmund Burke.
When Dr. Ladien was notified that an “Appellate Review” had been set with just three members of SJH’s Board of Trustees for 8/20/13, he specifically noted that unless the due process rights noted above were “allowed” in this case, it would simply be yet another Kangaroo Court with an all-to-predictable outcome. At Dr. Ladien’s insistence, this hearing was initially reset for 9/12/13 to allow for preparation.
Again, as has happened all too often in abuse cases involving the Catholic Church, those individuals involved in the abuse (SJAIL) with at least the tacit “approval” of the Church hierarchy (Sister Mary and Cardinal George) simply go after the victims of abuse and just try to cover up the “sins of the Fathers” rather than FIXING, let alone PREVENTING the problems involved.
In many ways, the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER desperately trying to save Sylvia’s life, are simply two sides of the same coin when it comes to the cover-up of the Arrogance, Stupidity and Systematic Abuse of Power (ASSs) that led to these problems in the first place.
Just as in the case of Father Rudy Kos, the Church knew that they were protecting an abuser but felt in some perverse way that they were actually “protecting” the Church (or at least themselves) by their actions and deliberate inactions. As noted above, “All it takes for evil to prevail in the World…”
Sister Mary and the Board may well have legitimately and deliberately “not known” about the deliberately RECKLESS Abuse of Power leading to the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien before the fact, but they certainly know or, at least, should know of these issues by now.
Looking over the many sad cover-ups of abuse by the Church over the years, it is clear that there are actual NETWORKS of individuals involved in this process. As the chapter on Cardinal Bernadin from Randy Engel’s book included in the appendix to CME IV illustrates, the $3M payoff to Steve Cook to by his silence concerning his long-term relation with Cardinal Bernadin is, again, indicative of how high up in the system such deliberate corruption goes. One might make comments about Pope Benedict XVI’s relative silence on these abuse issues before his rather sudden departure from the Vatican, but this will be left for another time and another place. (Cf. CME IV discussion of potential use of RICO laws and Frontline on “Secrets of the Vatican,” etc.)
Simply put, when the jury awarded the plaintiffs $119.6 M in the case of Father Rudy Kos, they were deliberately trying to SEND A MESSAGE to the Church that such cover-ups must STOP and STOP NOW.
When Dr. Ladien specifically reached out to Cardinal George on 6/28/12, he did so precisely so as to NOT have to “hurt” Sister Mary, the Church, Cardinal George or even Presence if at all possible. But, without the help of the Church and the courts, let alone the CPD and the SAO, Dr. Ladien will have no viable options short of a SPECIAL PROSECUTOR to see these matters INVESTIGATED, FIXED and, above all PREVENTED from happening in the future.
Just as with Mayor Daley’s nephew, RJ Vanecko, and Metro-Gate, in addition to the court of law, there is also the courts of public opinion. In neither court will the jurors and voters of Illinois be “pleased” with yet one more deliberate cover-up of abuse.
Similarly for Gov. Quinn, while he could easily be the hero of the day, riding into town on his white stallion (Little Bucks) to save the day (and his own re-election), this is far from a certainty at this point.
Given that this is Chicago, while Dr. Ladien may not have the “clout” to simply encourage Gov. Quinn, IDPH and Cardinal George to DO THE RIGHT THING simply because it is the right thing to do, the courts and voters of Illinois might have better luck at achieving such a goal for all of the right reasons.
But for the courts, let alone the general public to know the TRUTH concerning these matters, in the absence of effective INVESTIGATIONS by the IDPH and ARDC, let alone the CPD, SAO, Atty. Gen. and even Gov. Quinn, the appointment of a SPECIAL PROSECUTOR may be the only viable option left available.
While Dr. Ladien knows that it is a great deal to ask, there is truly PROFOUND GOOD can be done by actually FIXING THE SYSTEM instead of, yet one more time, simply having a situation of “the System” where “the FIX” was in long before the case was even heard.
-- There may well be further even more troubling “reasons” for SJAIL’s DELIBERATE RECKLESSNESS and KNOWINGLY WILLFUL and WANTON acts done with the specific INTENT of harming both Sylvia and Dr. Ladien, but these “reasons” will remain UNKNOWN until and unless a FORENSIC INVESTIGATION by a INDEPENDENT SPECIAL PROSECUTOR is finally allowed to discover the TRUTH concerning these matters.
Please SEE DISCLAIMER — Dr. Kimball Ladien.
9/9/13: filing of case, pro se, and requesting a TRO to STAY the “appellate hearing process”
When Dr. Ladien got notice on 9/3/13 that the SJH “appellate hearing” was to be held on 9/12/13, the literally had six days to put together his initial pro se case against both Sylvia’s WRONGFUL DEATH and his own WRONGFUL HARASSMENT as a WHISTLEBLOWER desperately trying to SAVE Sylvia.
In addition to the case itself, however, Dr. Ladien also simultaneously filed a Temporary Restraining Order (TRO) asking the court to place on HOLD the appellate hearing to allow time for a full INVESTIGATION of the issues involved. Dr. Ladien also asked that the court specifically mandate Mediation BEFORE Litigation as a specific way of finding a win-win-win out-of-court resolution to these matters that avoided harming either the Sisters or the Church in the process.
Just after filing his case (albeit admittedly in a highly imperfect and a rambling form), Dr. Ladien was notified that SJAIL had “rescheduled” the appellate hearing for 10/1/13 for “administrative” reasons.
9/13/13: Laura Henry Kelly, acting assistant director to Chief Judge Timothy Evans writes to Dr. Ladien stating that Judge Evans does not have the authority to intervene in cases pending before other Judges or in other venues and cannot give “legal advice” concerning his case. The broader issue of developing a system of win-win Mediation BEFORE lose-lose Litigation consistent with his own Rule 20.01 (court-annexed civil mediation) goes unaddressed.
9/18/13: Dr. Ladien reaches out to the Sister/owners of Presence.
Dr. Ladien had specifically EXCLUDED the Sister/owners of Presence from his original suit precisely in order to both PROTECH them and to allow him to WARN them as to the civil and CRIMINAL wrongdoing that was ostensibly being done in “their” name.
Between 9/18/13 and 9/25/13, Dr. Ladien reached out to the Sister/owners of Presence to do what Cardinal George had asked Ralph Bonaccorsi to help him accomplish over 1 ½ years earlier.
On 9/18/13, Dr. Ladien is finally successful in reaching Sister Judith Plumb, the SUPERVISOR to Sister Mary Imler, the chair of Presence healthcare organization.
In this conversation, Sister Judith acknowledged having NEVER heard anything previously considering the WRONGFUL DEATH of Sylvia or Dr. Ladien’s own WRONGFUL HARASSMENT as a WHISTLEBLOWER desperately trying to SAVE Sylvia. While Sister Judith expressed her deep sympathy and concern as to what had happened to Sylvia and Dr. Ladien, she also specifically stated that she would tell Sandra Bruce, the CEO of Presence, to meet with Dr. Ladien and Ralph Bonaccorsi to both INVESTIGATE and FIX these problems before they escalated any further.
Dr. Ladien also specifically informed Sister Judith of the pending “appellate hearing set for 10/1/13 and ask her to place this hearing on OLD while a thorough INVESTIGATION of these matters was conducted with Sister Judith stated that she would do.
9/23/13 letter to Dr. Ladien from Alex M. Reckenmacher, executive assistant to Bishop Daniel Conlon.
Reckenmacher specifically denies any role of the diocese of Joliet in the ethical supervision of the Sisters, including Sister Judith Plumb and Sister Mary Imler who live within the boundaries of their jurisdiction although SJH, itself, is within the jurisdiction of the archdiocese of Chicago.
9/23/13: “Cease and Desist” letter purportedly written by Sister Judith Plumb to Dr. Ladien denying that she had stated that Sandra Bruce, president and CEO of Presence health, would meet with him and Ralph Bonaccorsi. Under oath, in depositions and/or in forensic interviews, it will be clear that not only did Sister Judith Plumb NOT write this letter, but that she DID, in fact, state that she would tell Sandra Bruce to meet with Dr. Ladien and Ralph Bonaccorsi to try and resolve these issues in a positive and loving way. In pursuit of “the TRUTH, the whole TRUTH and nothing but the TRUTH,” Dr. Ladien will gladly undergo polygraph testing and will “invite” Sister Judith Plumb and all other witnesses involved in this case to do the same.
9/26/13: Chris Sheehan writes Dr. Ladien to “cease and desist” from contacting “Presence entities” utilizing the exact same language present in the letter ostensibly written by Sister Judith Plumb. In Sheehan letter, most importantly Sheean specifically states that “the Presence entities are represented by legal counsel.” Thus, Sheean himself brings the Sisters into the suit although Dr. Ladien had initially specifically tried to AVOID doing this. More importantly, however, Sheean is alleging IN WRITING even before appearing before Judge Allen that he is “representing” both the people who KILLED SYLVIA in the first place (SJAIL) AND the people who knew absolutely NOTHING about these matters for over 1 ½ years until Dr. Ladien himself brought them to their attention (the Sister/owners of Presence).
9/27/13: emergency TRO hearing; deliberate misrepresentation by lawyers for SJAIL.
Literally within a minute of first appearing before Judge Allen concerning this case, Chris Sheean (Sheean) of Swanson, Martin & Bell (SMB), the lawyer representing SJAIL (the very people who KILLED SYLVIA in the first place) DELIBERATELY MISREPRESENTED himself as representing “Presence.”
Although Dr. Ladien immediately protested to Judge Allen that it was a fundamental CONFLICT OF INTEREST for Sheean to even try to represent both the people who KILLED SYLVIA in the first place (SJAIL) and the people who knew absolutely NOTHING about this for over 1 ½ years until Dr. Ladien told them himself as noted above.
While Judge Allen allowed Sheean to continue, the very specifically stated that in his court he wanted ALL parties to be represented before him as he was hearing matters related to this case.
While Dr. Ladien again explained that Sheean misrepresenting himself and proceeding with this case without the Sisters having their own legal representation was already a CRIMINAL matter that placed the SISTERS at serious legal RISK, is concerned was noted, but then the hearing proceeded.
Judge Allen been noted that he “only granted TROs in extreme emergencies.” Dr. Ladien specifically argued that a major reason for wishing to have win-win Mediation BEFORE lose-lose Litigation is to be consistent with the Hippocratic principle of FIRST DO NO HARM.
Ironically, had Judge Allen been hearing the TRO that Dr. Ladien had initially tried to have heard on 2/3/12 to have Sylvia maintained as FULL CODE until a full hearing could be held concerning her Advance Directive, by Judge Allen’s own logic related to the extreme literally life or death emergencies, he would have GRANTED such a TRO and Sylvia would be ALIVE and GETTING BETTER today.
While Dr. Ladien specifically argued that, given the past lack of due process shown by SJAIL, and “appellate hearing” would, yet again, be at best a another KANGAROO COURT that could place at significant jeopardy is future ability to practice medicine.
At the very minimum, terminating Dr. Ladien’s privileges at SJH would, by definition, be a “reportable” event that could, in and of itself, both damage Dr. Ladien’s professional reputation and his future ability to practice medicine.
While the potential consequences of a negative action by an “appellate hearing” process clearly manipulated by SJAIL were both SIGNIFICANT and SEVERE, nonetheless Judge Allen decided to “allow” the 10/1/13 SJH “appellate hearing” to go forward.
While ultimately Judge Allen is the best “witness” as to his own INTENT, it is Dr. Ladien’s strong contention that Judge Allen NEVER intended, let alone would ever allow, the SJH appellate process to go forward if he did not feel that Dr. Ladien’s full due process rights would be PROTECTED during such a hearing.
As a simple matter of LAW, it would, in fact, be a clear and direct VIOLATION of Dr. Ladien’s 1983 civil rights for such an “appellate hearing” to go forward WITHOUT full and adequate DUE PROCESS.
10/1/13: SJAIL’s WILLFUL and WANTON VIOLATION of Dr. Ladien’s due process rights.
As discussed in detail in Dr. Ladien’s complaint “Getting Away With Murder?—Part 1: Civil Issues,” Dr. Ladien was fully expecting a KANGAROO COURT during the so-called “appellate hearing” scheduled for 10/1/13, you’d and he was utterly SHOCKED that, not only was he NOT “allowed” to present witnesses, let alone a defense at this hearing, DR. LADIEN WAS LITERALLY BLOCKED FROM EVEN ENTERING THE HOSPITAL to attend this utter shame of a “hearing” and absolute MOCKERY of JUSTICE.
To add insult to injury, although SJH bylaws clearly state that Dr. Ladien was to receive a full transcript of this “non-hearing” in a TIMELY fashion as he has repeatedly requested, SJAIL has not even complied with even this section of SJH bylaws. Thus, not only was there and other ABSENCE of DUE PROCESS at the 10/1/13 “appellate non-hearing,” unlike the KANGAROO COURT of 1/13/13-1/14/13, there was not even the vaguest PRETENSE of FAIRNESS in this absolutely WILLFUL and WANTON VIOLATION of SJH bylaws.
10/9/13: Dr. Ladien submitted an expanded and edited version of original case within the 30 day period allowed for uncontested revisions.
Precisely in response to SJAIL’s WILLFUL and WANTON violation of Dr. Ladien’s due process rights in clear violation of the “promises” of the Sister/owners of Presence to help him FIX the system, Dr. Ladien expanded his original 9/9/13 complaint to add further details concerning these matters. It was precisely on Ralph Bonaccorsi’s advice that Dr. Ladien must “sue the Sisters to get their attention” that Dr. Ladien added the Sister/owners of Presence to this expanded complaint.
Because Dr. Ladien is pro se, he specifically relied on the instructions of the court clerks who told him to “stamp one copy and leave it (with the clerks on the seventh floor) and stamp another copy and give it to Judge Allen’s clerk.” Dr. Ladien was then also instructed to send copies of this amended complaint to the various defendants which he did. Simply put, if Dr. Ladien did not specifically follow the “letter of the law” in filing this amended complaint, he most definitely tried his best to do precisely as he was instructed in these matters. At the very least the complaints was submitted within the 30 day period, stamped and distributed to all of the relevant parties thus, at a minimum, fulfilling at least “the spirit of the law” to the absolute best of his ability.
Dr. Ladien was thus in, at least, substantial compliance with all reasonable expectations of a pro se litigant. As Chief Judge Evans himself has made the point that the current system needs to be substantially more “user-friendly” especially for pro se litigants, Dr. Ladien strongly feels that he met at least these basic requirements in filing this amended complaint.
10/28/13: Letter to Cardinal George requesting a Canon law 1717 investigation and/or Libellus concerning the WRONGFUL DEATH of Sylvia.
Canon law 1446 SS1: “All the Christian faithful, and especially bishops, are to strive diligently to AVOID LITIGATION among the people of God as much as possible, without prejudice to justice, and to RESOLVE LITIGATION PEACEFULLY as soon as possible.”
Canon law 1446 SS2: “Whenever the Judge perceives some hope of a favorable outcome at the start of litigation or even at any other time, the Judge is not to neglect to encourage and assist parties to COLLABORATE in seeking an equitable solution to the controversy and to indicate to them suitable means to this and, even by using reputable persons for MEDIATION.
11/1/13: second appearance before Judge Allen. Again Sheean DELIBERATELY MISREPRESENTING himself as representing “Presence” while ignoring the clear, obvious and inherent CONFLICT OF INTEREST in even “attempting” both the people who KILLED SYLVIA (SJAIL) and the people who do NOTHING about these matters for over 1 ½ years (the Sisters).
As Judge Allen explicitly stated on 9/27/13 that he wanted ALL parties represented by counsel at hearings before him, clearly the Sisters were NOT being represented and the Sister’s BEST INTERESTS were clearly NOT being PROTECTED by Sheean in his motions.
As a full forensic investigation will quickly show that the Sisters have NEVER been given true INFORMED CONSENT by Sheean, let alone SJAIL, concerning the potential civil and CRIMINAL RISKS of participating in actions specifically meant to OBSTRUCT JUSTICE related to MANSLAUGHTER and, potentially, MURDER ONE, by definition Sheean and SJAIL are enticing and entrapping the Sisters into becoming CO-CONSPIRATORS after the fact to their ONGOING CRIMINAL enterprise.
12/10/13: unbeknownst to Dr. Ladien, the SJH board of directors voted to terminate his privileges at SJH WITHOUT DUE PROCESS and in WILLFUL and WANTON violation of SJH bylaws.
Although SJH bylaws specifically state that Dr. Ladien was to be notified by SJH in a TIMELY fashion of any action taken related to his case, a certified letter was not even send before 12/23/13 and was not received by Dr. Ladien until 12/30/13.
Again, by SJH bylaws, SJAIL was to WAIT at least 15 DAYS BEFORE “reporting” this illegal termination, SJAIL DELIBERATELY WILLFULLY and WANTONLY violated these SJH bylaws as well.
12/18/13: Third hearing before Judge Allen in response to SJAIL’s motions to strike Dr. Ladien’s responses as well as his amended complaint.
Sheehan again misrepresents himself as representing “Presence” in spite of Dr. Ladien’s again specifically objecting to the fact that he cannot claim to represent both SJAIL and the Sisters simultaneously. Judge Allen allows the hearing to proceed despite the fact that the Sisters are not only UNREPRESENTED in these hearings, there is clear and obvious AT best INTEREST is being directly and intentionally undermined by the actions of Sheean on behalf of SJAIL.
Dr. Ladien’s amended complaint is “struck” in spite of all of his efforts as a pro se litigant to be in at least substantial compliance with the expectations of him related to this process.
Although, as noted above, the SJH board of directors had voted eight days earlier to “revoke” Dr. Ladien’s privileges at a hospital where he had been on staff for 15 years, Sheean deliberately “neglected” to inform Judge Allen, let alone Dr. Ladien, of this significant and totally illegal event. This deliberate withholding of critical information from both Judge Allen and Dr. Ladien is, in and of itself, a serious matter warranting further review.
Again, at a minimum, since SJH bylaws explicitly state that Dr. Ladien was to be informed of any actions taken against them in a TIMELY manner, withholding this critical information shows clear INTENT on the part of both Sheean and SJAIL to WILLFULLY, WANTONLY and REPEATEDLY violate SJH bylaws.
12/21/13: in a Christmas letter to Michael Abernathy of the intellectual properties division of KL Gates, Dr. Ladien outlines the proposed gifting of his global energy independence program (GEIP), along with IF-PREVENT, Super-EPIC and Safe Haven to Pope Francis and the bill and Melinda Gates foundation as originally described in Dr. Ladien’s 3/31/13 Easter letter to Cardinal George.
If used wisely, GEIP could help to fund the implementation of all of these programs. Dr. Ladien strongly believes that with the ETHICAL leadership of Pope Francis and the INTELLECTUAL and ORGANIZATIONAL leadership of the Bill and Melinda Gates Foundation, such projects would be implemented relatively quickly both in the United States and far beyond.
12/24/13: in his Christmas letter to Pope Francis, Dr. Ladien outlines his proposed gifting of his “four tools plus one.” Dr. Ladien specifically notes that, in addition to his “four tools” that can help to save the world, the greatest “tool” of all to accomplish this goal is LOVE. There could be no better spokesperson in the world to help in the promotion and implementation of this “fifth tool” then Pope Francis himself.
12/27/13: in the fourth appearance before Judge Allen, Sheean yet again misrepresents himself to the court. Despite Dr. Ladien yet again asking Judge Allen to specifically ASK THE SISTERS what they wish done concerning this case and to allow for Mediation BEFORE Litigation to proceed, both of these pleadings are denied.
Although Sheean, again clearly has KNOWLEDGE that the SJH board of directors has illegally voted to “terminate” Dr. Ladien, Sheean again DELIBERATELY WITHHOLDS this critical information from both Judge Allen AND Dr. Ladien.
To the extent that this illegal “termination” orchestrated by SJAIL was not only DELIBERATE HARASSMENT of a WHISTLEBLOWER, but a specific intent by SJAIL to further OBSTRUCT JUSTICE and COVER-UP their CRIMINAL behavior leading to the WRONGFUL DEATH of Sylvia, she had was, in fact, DELIBERATELY WITHHOLDING knowledge of CRIMINAL activities from the court as well as Dr. Ladien.
1/1/14: Letter to Dorothy Brown and Chief Judge Tim Evans outlining proposals for Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose Litigation (WWMBL3) Protocol as the logical, cost-effective and FAIR extension of Chief Judge Evans’ Rule 20.01 (Court-Annexed Civil Mediation) and the Illinois Supreme Court’s own Alternative Dispute Resolution (ADR) programs
1/9/14: SJAIL DELIBERATELY files a false report with the National Physicians’ Data Bank (NPDB) WITHOUT waiting the required 15 days after Dr. Ladien received notification of this action DESPITE knowing that the case was to be heard before Judge Cohen on 1/13/14.
1/13/14: in the fifth appearance in court, Judge Cohen was sitting in the absence of Judge Allen who was at the time still on vacation. Again Sheean FALSELY and DELIBERATELY MISREPRESENTED himself to Judge Cohen. Although Sheean stated he was representing “Presence St. Joseph hospital,” he clearly could not and was not representing the BEST INTERESTS of the SISTERS.
When Sheean “complained” about how much these multiple appearances were “costing my clients,” clearly it was the SISTERS who were ultimately paying his bills and NOT SJAIL. Thus, in referring to “my clients” Sheean was clearly, yet again, DELIBERATELY implying it that he could “represent” BOTH the people who KILLED SYLVIA (SJAIL) and the people who knew NOTHING about this for over 1 ½ years (the Sisters). In this case, she has deliberate enticing and entrapping of the Sisters is not only UNETHICAL, it is literally CRIMINAL.
Sheean also DELIBERATELY “MISREPRESENTED the FACTS” when he stated that SJAIL was in compliance with SJH bylaws when they clearly had NOT weighted the required 15 DAYS from the time that Dr. Ladien RECEIVED notification of this action.
Based upon the clear evidence of WRONGDOING and DELIBERATE VIOLATION of DUE PROCESS by SJAIL, Dr. Ladien was given leave by Judge Cohen to amend his complaint to include the WILLFUL and WANTON violations by SJAIL of SJH bylaws. As these are both TIMELY and directly relevant to the case, Dr. Ladien also included detailed responses to the “motions to dismiss” filed at that time by both Sheean and the ARDC.
1/14/14: press conference by Jeff Anderson and Marc Perlman along with members of SNAP to review 30+ years of cases of abuse involving the archdiocese of Chicago. Common to ALL of these cases was a SYSTEMATIC COVER-UP of WRONGDOING in a DELIBERATE HARASSMENT of both WHISLEBLOWERS and victims and their families.
While Dr. Ladien feels a strong DUTY to PROTECT and SUPPORT both the Sisters and the Church of Christ and Love, he is at least as adamant in his opposition to the Church of Pharisees and praetorian guards— the very people who killed Christ in the first place.
While Pope Francis is making a sincere and concerted effort to address cases of abuse within the Church, there remain many elements of the Church of the Pharisees and praetorian guards who are at least as adamant about trying to continue to cover up such ongoing abuses.
While Dr. Ladien’s proposed gifts of GEIP, IF-PREVENT, Super-EPIC and Safe Haven are accepted by Pope Francis and the Bill and Melinda Gates Foundation, they could go far towards PREVENTING such abuse, whether it is of children or adults, in the future. To accomplish these goals, however, a concerted and this year effort by ALL of the supervisors named in Dr. Ladien’s case will be needed.
Please SEE DISCLAIMER — Dr. Kimball Ladien.
“Transparency and Accountability”—“Revisiting” the CPD and SAO.
2/4/14: As an example of Sylvia being Sylvia, on the second anniversary of Sylvia’s WRONGFUL DEATH, Dan Webb released his 162 page long “summary” into the WRONGFUL DEATH OF DAVID KOSCHMAN. WHILE IT HAD TAKEN 9 ½ YEARS of determined effort on the part of David’s mother, Nanci Koschman, at the end of the day Mayor Daley’s nephew, RJ Vanecko, plead GUILTY to MANSLAUGHTER.
2/5/14: letter to Lisa Madigan asking for help from County commissioners in resolving these issues in a positive win-win way
2/9/14: Dr. Ladien’s response to Sheean’s “motion to dismiss” case—“No one Is Above the Law.”
Dr. Ladien again argues that full DISCOVERY aimed at INVESTIGATING, FIXING and PREVENTING problems through win-win Mediation BEFORE lose-lose Litigation is the best way to assure that the TRUTH is known and that SJAIL is NOT “allowed” to, quite literally, GET AWAY WITH MURDER.
2/20/14: Dr. Ladien submitted a third expanded version of original case to incorporate issues including fundamental VIOLATIONS of due process by SJAIL in barring him from the appellate hearing as well as responding in detail to the motions to dismiss that had been submitted at that time by both Sheean and the ARDC.
Although Dr. Ladien was initially attempting to submit this amended complaint by Valentine’s Day (2/14/14), because of illness during that week as well as significant technical difficulties related to his computer, Dr. Ladien asked for and was granted leave to submit this complaint on Sylvia’s birthday (2/20/14).
In filing his first and second amended complaints, it was Dr. Ladien’s clear understanding that Illinois courts liberally grant to MANSLAUGHTER such amendments under 735 ILCS 5/2-616. It was specifically Dr. Ladien’s intent to: 1) cure any “defects” in his original pleading by specifically responding to issues raised by the “defendant’s” lawyers (with or without the defendant’s actual knowledge or consent); 2) NOT prejudice or “surprise” the other parties since he was responding to issues they had raised; 3) respond to these issues in a TIMELY fashion (i.e., before the motions were heard); and 4) the amendments were proper given the prior pleading “defects” raised by the defendant’s lawyers. Moore v. People for the Ethical Treatment of Animals, Inc., 402 Ill. App. 3d 62, 75 (1st Dist. 2010).
2/20/14: Dr. Ladien’s “motion to investigate WRONGFUL DEATH of Sylvia” and, again, to seek win-win mediation BEFORE lose-lose litigation.
Incorporates Dr. Ladien’s specific discussion of SPECIAL PROSECUTOR Dan Webb’s findings in his summary reports released on 2/4/14, the second anniversary of Sylvia’s WRONGFUL DEATH (SBS).
Dr. Ladien argues that if RJ Vanecko pled GUILTY to MANSLAUGHTER were throwing “one punch” during the middle of a drunken altercation, then SJAIL’s clear KNOWLEDGE that ignoring Sylvia’s multiple Advance Directives would lead quickly to the WRONGFUL DEATH of Sylvia combined with SJAIL’s clear INTENT demonstrated by them literally standing by and watching Sylvia slowly DROWN TO DEATH on her own secretions over a period of SEVEN DAYS makes their actions much closer to MURDER ONE.
As Locke Bowman and Flint Taylor (Flint-Locke) were SUCCESSFUL in having Judge Michael Toomin appoint a SPECIAL PROSECUTOR in the case of the official COVER-UP in the case of the WRONGFUL DEATH of David Koschman, clearly a SPECIAL PROSECUTOR is even MORE justified in the case of the WRONGFUL DEATH of Sylvia.
2/24/14: Dr. Ladien reaching out to Paul Castiglione, executive assistant State’s Attorney for policy, to discuss the similarities between the COVER-UPS with RJ Vanecko versus those involving the WRONGFUL DEATH of Sylvia. But, whereas the CPD and SAO at least made the PRETENSE of “investigating” the WRONGFUL DEATH of David Koschman, in the case of Sylvia they have not even bothered to do that.
Also, whereas RJ through one punch in the middle of a drunken altercation, SJAIL had KNOWLEDGE that changing Sylvia’s multiple Advance Directives to be FULL CODE WITHOUT JUDICIAL REVIEW would quickly result in Sylvia’s WRONGFUL DEATH and then had the specific INTENT to literally just stand by and watched as Sylvia slowly DROWNED TO DEATH on her own secretions.
If RJ Vanecko directly pled GUILTY to MANSLAUGHTER 9 ½ years after the fact then, again, Sylvia’s case is much closer to MURDER ONE. Paul Castiglione’s often repeated observations were, however: 1) “we only do prosecutions, NOT investigations” and 2) “As Dick Devine has said, people of goodwill can disagree about the facts.”
Although Paul Castiglione passed along Dr. Ladien’s concerns to both Anita Alvarez and Dan Kirk among others, to date, the SAO has NOT pursued these matters any further. Paul did, however, suggests that Dr. Ladien again reach out to the CPD concerning these matters.
2/24/14-2/25/14: later the same day and the next day as well, Dr. Ladien spoke first with two sergeants and then with a detective at area 3 (Belmont and Western) and at the Town Hall police station in an attempt to, again, make reports on Sylvia’s WRONGFUL DEATH and request that a full forensic INVESTIGATION be done concerning these matters. Just as two years earlier, Dr. Ladien was repeatedly told “these are civil matters.” While, again, Dr. Ladien agrees that CIVIL matters are indeed involved, Dr. Ladien repeatedly insisted that “DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of MANSLAUGHTER” and, thus, these issues were also CRIMINAL matters which needed to be FULLY INVESTIGATING. Now, almost 2 ½ YEARS after the fact, such an investigation has YET to happen.
2/25/14: based upon his LACK of success with charges and even detectives, Dr. Ladien again called back to Area 3 and asked to speak DIRECTLY with Commander Gary Yamashiroya. Although Dr. Ladien was repeatedly told that Commander Yamashiroya would call him back, as of two MONTHS later, this has still yet to happen.
Finally, in total frustration, Dr. Ladien left word for Commander Yamashiroya that if he did not hear back from him directly, he would have no alternative but to contact the CPD’s Bureau of Internal Affairs to seek their assistance concerning these matters.
2/25/14: “Secrets of the Vatican” Frontline program outlining over 30 years of deliberate COVER-UPS and INTIMIDATION of WHISLEBLOWERS as well as of victims of abuse and their families. As noted by one victim, “Intimidation WAS their [the Churches] policy. It was NOT “part” of the policy. It WAS the policy.”
The previous general counsel for the Vatican’s nunciature in Washington DC, Thomas Doyle, specifically noted that “It was my job to “keep a lid on these issues” with the bishops and Cardinals around the country. I saw the workings of the inside of the Church in a way that I never believed even existed. I was severely disillusioned” before he ultimately resigned his position in disgust noting “If Christ were here today, he would be on their side” (ie, the victims and their families). In a RICO case against the Church of Pharisees and praetorian guards, Tom Doyle would be a STAR WITNESS.
Similarly, Jeff Anderson who, as noted above, has been fighting abuse cases within the Church for over 30 years was specifically quoted as saying “When it comes to the Vatican and its role in this crisis, all I have ever seen them do is TALK—both denying responsibility and saying that they are doing something when, in fact, you are doing NOTHING other than what they have done in the past for decades and centuries—which is to deny, minimize, blame, keep secrets and PROTECT THEMSELVES.”
Jeff Anderson, as well, might be a second*WITNESS in a RICO case against the Church of Pharisees and praetorian guards if he is not, in fact, actually LEADING the case against them.
2/26/14: Sylvia Being Sylvia—An Early Morning Call from Jeff Anderson.
As yet another example of Sylvia being Sylvia, Jeff Anderson called Dr. Ladien the morning after the frontline program first aired to discuss in part Dr. Ladien specific interests Dr. Ladien’s desire to use a small fraction of the SAVINGS provided by GEIP to find IF-PREVENT and Super-EPIC programs within the Church that could quite literally allow Pope Francis at the click of a button to know the status of abuse cases within the Church anywhere around the world. Also, if Pope Francis is truly serious about these issues, Dr. Ladien suggested that he invite Jeff Anderson, Tom Doyle, Marc Perlman, members of SNAP and others to the Vatican to thank them for their years of service to children as Pope Francis announced his intentions to implement GEIP, IF-PREVENT, Super-EPIC and Safe Haven for the PROFOUND GOOD of AL of God’s Children.
2/27/14: Dr. Ladien called back to Paul Castiglione at the SAO explaining his lack of success in getting the CPD to even file a report, let alone investigate, Sylvia’s WRONGFUL DEATH Dr. Ladien also forwarded to Paul a copy of his motion to investigate and mediate the WRONGFUL DEATH of Sylvia. Although sympathetic, Paul continued to insist that “the SAO CANNOT investigate these matters.”
2/28/14: based upon CPD Commander Gary Yamashiroya’s repeated FAILURES to return Dr. Ladien’s calls as promised, Dr. Ladien contacted the Independent Police Review Authority who, in return, referred Dr. Ladien to the CPD Bureau of Internal Affairs (BIA).
2/28/14: Dr. Ladien spoke with Lieut. Sue Clark of the BIA who listen to Dr. Ladien recount the events leading to Sylvia’s WRONGFUL DEATH and the FAILURE of the CPD to even file a report, let alone INVESTIGATE these matters. Dr. Ladien also explained his recent contacts with Paul Castiglione at the SAO and sergeants and a detective at area three for several days without success.
Lieut. Clark began Complaint Log Number 1067785 20 for the events on 2/4/12 and Complaint Log Number 1067786 when the events from 2/24/14 and ongoing.
3/4/14: based upon Dr. Ladien’s lack of success in being able to get Commander Yamashiroya to call him back, Dr. Ladien reached out to 32nd Ward alderman Scott Wagusepack for assistance. Although alderman Waguespack also repeatedly tried to get Commander Yamashiroya to call back, let alone meet with, Dr. Ladien, he too was unsuccessful.
3/7/14-3/24/14: Repeated attempts by Dr. Ladien to reach out to Commissioner John Fritchey.
In addition to Dr. Ladien’s ongoing efforts to reach out to public officials at the city level, because Dan Webb’s investigation specifically also included an evaluation of efforts taken and NOT taken at the County level, Dr. Ladien first reached out to Commissioner John Fritchey and then, later County Board President Toni Preckwinkle as well.
Even when Dr. Ladien explained in detail in writing how his IF-PREVENT, Super-EPIC, Safe Haven and Chicago-BAJE could all help significantly to achieve SAFELY and KOS-effectively Commissioner Fritchey’s “pet project” of releasing “nonviolent” offenders on electronic monitoring, Fritchey continued to REFUSE to even meet, let alone yet “involved” in any way with what he mistakenly saw as solely “city” versus County issues.
Even when Dr. Ladien further explained how GEIP could help to fund demonstration programs in Chicago that could go a long way towards reducing crime and violence in a highly humane and cost-effective manner, Fritchey continued to refuse to meet with Dr. Ladien. To this very day, Fritchey continues to simply ignore these potential benefits of Dr. Ladien’s programs in reaching the goals that Fritchey himself states he wishes to accomplish.
3/7/14: follow-up letter to Judge Evans again asking for Win-Win Mediation BEFORE Lose-Lose Litigation as part of Chicago-BAJE model as an extension of his Rule 20.01 “Court-annexed civil mediation.”
3/7/14 letter to Anita Alvarez asking for help from the SAO in resolving case.
Although Dr. Ladien explained his contacts with Paul Castiglione, he specifically requested meeting directly with her so that there could be no mistake that she both her and understood the issues involved.
3/12/14: having NOT heard back from Lieut. Clark of the BIA, Dr. Ladien called her again in order to get a “status report” prior to the follow-up hearing with Judge Allen scheduled for the following day.
By Lieut. Clark was noncommittal in her responses to Dr. Ladien and did not acknowledge contacting ANY of the individuals involved in this matter, she was willing to take Paul Castiglione’s name and number at the SAO and promised to contact him directly concerning this case. As Lieut. Clark was NOT a lawyer, Dr. Ladien asked her to confirm with Paul Castiglione that, in addition to other CRIMINAL issues involved in this case, DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the definition of MANSLAUGHTER.
Dr. Ladien again pointed out to Lieut. Clark that, as RJ Vanecko had pled GUILTY to MANSLAUGHTER on 2/3/14 (9 ½ years after the fact), given that SJAIL had MEANS, MOTIVES and OPPORTUNITY, this made their actions much closer to MURDER ONE. Dr. Ladien specifically asked Lieut. Clark to discuss these legal CRIMINAL aspects of the case with Paul Castiglione who is a lawyer which she said she would do.
3/13/14: Sixth hearing on civil case (again before Judge Allen).
Dr. Ladien notes that he feels that he has a strong ETHICAL and PROFESSIONAL, if not “legal” Tarisoff DUTY TO WARN others of potential RISKS associated with certain behaviors whether it is smoking or OBSTRUCTION OF JUSTICE and MANSLAUGHTER. Dr. Ladien also takes extremely seriously is Hippocratic oath to FIRST DO NO HARM.
Again, had Dr. Ladien wished to legally “harm” the Sisters or the Church in any way, he would have filed his case in court in June 2012 as initially planned rather than reaching out to Cardinal George for his assistance in resolving these matters in a positive and loving win-win way.
With the help of the Church’s Chief conciliator, Ralph Bonaccorsi, Dr. Ladien and Ralph tried REPEATEDLY over a two-year period to both meet with the Sisters and reach a positive mediated win-win out-of-court resolution to these matters. To this very day, Dr. Ladien remains committed to trying to find a positive, mediated, out-of-court resolution to these matters that INVESTIGATES, FIXES and, above all, PREVENT these problems from occurring in the future if at all possible.
In the spirit of both INFORMED CONSENT as well as in his specific pursuit of an open and full DIALOG as a means to PROBLEM RESOLUTION and a positive win-win outcome, Dr. Ladien had consistently tried to pass along vital information to, not just the lawyers involved in this case but, ultimately, to their supervisory clients including the Sisters as well as even Gov. Quinn.
When the lawyers for the defendants ask for Dr. Ladien not to contact them to keep them informed as to his specific efforts to resolve these issues in a positive win-win way, they are, in essence, asking to be left without intelligence. While Dr. Ladien may strongly disagree with this as an effective means of problem resolution, as with all other orders of Judge Allen, Dr. Ladien will continue to do his utmost to comply fully with Judge Allen’s instructions on these and all other matters.
Despite Dr. Ladien’s pro se presentation, his updated versions of pleading and his request again for win-win Mediation BEFORE lose-lose Litigation were “rejected” by Judge Allen.
3/13/14: Easter letter to Pope Francis again discussing the gifting of GEIP
In addition to reiterating the $2-3 TRILLION/YEAR potential savings that GEIP could offer, Dr. Ladien again specifically pointed out how, when combined with IF-PREVENT, Super-EPIC and Safe Haven and other “cyber tools,” this money could go far towards achieving permanent SOLUTIONS to many of the world’s most serious problems.
In addition to helping with long-term issues such as ending poverty and illiteracy and establishing truly universal healthcare, GEIP in particular could have far more immediate benefits in situations such as the Ukraine and the middle East, not to mention Iran and North Korea among many other “problem areas” around the world.
It is precisely because the resolution to such problems have as much to do with ETHICAL win-win values (eg, “Do onto others….”) As they do with TECHNICAL skills that the combined gift to both Pope Francis and the Bill and Melinda Gates Foundation made intuitive sense. While Dr. Ladien has an absolute trust in Pope Francis as an individual, as the current situation well illustrates, the Church of the Pharisees and praetorian guards is always, quite literally, “lurking in the shadows.” Simply put, the Bill and Melinda Gates Foundation would help to SUPPORT Pope Francis and the Church of Christ and Love ensure was being used WISELY.
A cover letter addressed to Cardinal Burke, the head of the Canon law division of the Vatican, went into more detail concerning the current case was originally written on 3/9/14 but sent simultaneously with the above letter to Pope Francis.
3/14/14?: Lieut. Sue Clark of the BIA finally called Paul Castiglione at the SAO for “further information” but apparently, according to Paul, “neglected” to ask him of the technical legal questions which could have specifically confirmed the CRIMINALITY of SJAIL’s actions.
The two key LEGAL FACTS that Paul knew yet failed to share with Lieut. Clark were:
-- DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of MANSLAUGHTER.
-- You CANNOT change a person’s Advance Directive without JUDICIAL REVIEW.
In this context it is important to note that SAO has a CONSULTATIVE as well as PROSECUTORIAL role with respect to the CPD. Simply put, the CPD who are generally NOT lawyers must and SHOULD rely on the SAO to TELL them when CRIMINAL issues are occurring ALONG WITH civil matters. In the absence of such “technical support” from the SAO, the CPD is quite literally simply “winging at.” This is less a matter of “prosecutorial discretion” and more a matter of “IGNORANCE OF THE LAW,” appearance simple.
3/14/14: follow-up letter to Cook County Commissioner John Fritchey was, again, unsuccessful in getting his help and “ethical leadership” to resolve these problems.
3/18/14: original letter from BIA Commander Robert Klimas simply stating “we do not investigate allegations that are civil matters.” Commander Klimas might wish to talk to Flint-Locke were currently suing both the CPD and SAO in CIVIL court following the 9 ½ year “delay” on the part of the CPD in getting RJ Vanecko to plead GUILTY to MANSLAUGHTER.
3/28/14: canonical lawyer, Robert Flummerfelt, sans an amended Libellus to Dan Smilanic at the archdiocese of Chicago yet again requesting a Canon law 1717 INVESTIGATION into the WRONGFUL DEATH of Sylvia while all civil matters were placed on hold during this process.
3/28/14: Initial letter to CPD Superintendent McCarthy detailing issues involved in the case.
3/31/14: follow-up letter to CPD Superintendent McCarthy seeking his assistance in investigating WRONGFUL DEATH of Sylvia.
Dr. Ladien’s again specifically asks for meetings with BIA Chief Juan Rivera and Commander Robert Klimas PRIOR to meeting with Superintendent McCarthy.
In addition to a one-page long table comparing the WRONGFUL DEATH and COVER-UPS of David Koschman and Sylvia, Dr. Ladien also includes “Seven Simple Questions” to ask the Sisters, Cardinal George, LeMar Hasbrouck, Lisa Madigan, Anita Alvarez and Gov. Quinn. To be used as a simple “screening tool” prior to a more detailed investigation of these matters.. While a SPECIAL PROSECUTOR can quickly ascertain whether the BIA, SAO, Atty. Gen. or Inspector General’s for either the city or the ounty ever simply ASKED these questions, but at this point it appears highly unlikely.
As Supreme Court Justice Louis Brandeis used to say “If you have all of the FACTS, your JUDGMENT MAY be right. But if you do NOT have all of the facts, your judgment CANNOT be right.” Again, in the absence of FACTS, the “judgment” of both the CPD AND the SAO “CANNOT be right.”
4/3/14: follow-up letter to Bill Gates, Jr. in addition to again reviewing GEIP, Dr. Ladien also discusses how IF-PREVENT and Super-EPIC can become the foundations for “cyber tools” in all areas of society including law, government, business, medicine, education, etc.
4/4/14: follow-up letter to Tim Novak and Carol Marine of the Chicago Sun-Times. “If you stories concerning David Koschman explained the PROBLEM with the CPD and SAO and “cloud cronyism” in general, I very much want this story about Sylvia to focus on the SOLUTIONS to these problems.”
4/4/14: follow-up letter to Chief Juan Rivera of the BIA again requesting a meeting with him and Commander Bob Klimas prior to meeting with Superintendent McCarthy. Again table comparing WRONGFUL DEATH of David Koschman and Sylvia was included along with “Seven Simple Questions” to ask the SUPERVISORY defendants in this case.
4/7/14: follow-up letter to Laura Amazaga, assistant to Superintendent McCarthy again requesting a meeting BEFORE Easter as an alternative to needing to ask Judge Toomin for a SPECIAL PROSECUTOR to INVESTIGATE the WRONGFUL DEATH of Sylvia.
4/10/14: follow-up letter from Commander Robert Klimas of the BIA to Dr. Ladien.
“This review shows no misconduct by any member of the Chicago Police Department. As there is no evidence that would justify reopening this matter, please note that complaint log number 106-7785 and completed log number 106-7786 will remain closed.”
Commander Klimas again correctly notes the “civil” aspects of this case, but completely ignores the CRIMINAL aspects thus, again, unlike in the case of the WRONGFUL DEATH of David Koschman, hear the CPD did not even bother with the “pretense” of an investigation.
4/10/14: Archdiocese Accepts Libellus. Dr. Ladien asks both Ralph Bonaccorsi and Jimmy Stethopolous to appeal to Cardinal George to ask the Sisters to place all civil issues on HOLD while the Canon law 1717 INVESTIGATION proceeds Dr. Ladien asks both Ralph and Jimmy to remind Cardinal George that under Canon law 1389 both he and the Sisters could be considered CULPABLY NEGLIGENT for any and all harm done to Dr. Ladien and Sylvia through the NEGLIGENT SUPERVISION of SJAIL and the board.
4/11/14: Dr. Ladien again asks CPD Superintendent Garry McCarthy to simply ask the SUPERVISORS in this case (Sisters, Cardinal George, LeMar Hasbrouck, Anita Alvarez, Lisa Madigan and Gov. Quinn) the “Seven Simple Questions” BEFORE needing to ask Judge Michael Toomin to appoint a SPECIAL PROSECUTOR to ask these questions for him.
Dr. Ladien is informed by Laura Amazaga in Superintendent McCarthy’s office that there will be no meeting with Chief Rivera and Commander Klimas let alone with Superintendent McCarthy.
4/13/14: follow-up letter to Jimmy Stethopolous, lawyer representing the archdiocese in the WRONGFUL DEATH of Sylvia. Dr. Ladien again asks Jimmy to ask Cardinal George and the Sisters to agree to put a HOLD on ALL civil matters while the Canon law 1717 INVESTIGATION and Libellus move forward.
Dr. Ladien list seven specific steps that the Sisters and Cardinal George could take to help resolve these matters in a positive and loving win-win way
4/13/14: follow-up letter to Commander Gary Yamashiroya again requesting that he simply have his detectives ask the SUPERVISORS in this case the “seven simple questions” BEFORE Easter. Or simply have a SPECIAL PROSECUTOR ask these questions for him.
4/14/14: brief letter from Robert Flummerfelt to Dan Smilanic noting that “given the passage of over a month in accord with Canon 1506, and submission on 3/28/14 of our 10 day notice, having heard no response forthcoming from the archdiocese, we acknowledge that in operation of the law, our amend his Libellus has been EXCEPTED for adjudication by the archdiocese.”
4/16/14: letter from father Jeffrey Grob to Robert Flummerfelt noting the ACCEPTANCE of Dr. Ladien’s Libellus. Again, given the potentially LENGTHY process involved in such investigations, both Dr. Ladien and Bob Flummerfelt again request that all CIVIL issues be placed on HOLD while the canonical process moves forward.
As Dr. Ladien is represented by console in the canonical process and is only pro se in the civil process, this is yet again a reason to allow the canonical process to proceed FIRST.
Most importantly, however, since if Dr. Ladien is SUCCESSFUL in the canonical process, both the Sisters and Cardinal George are REQUIRED to FIX TO these PROBLEMS to AVOID FURTHER INJURY. Since, thus, the Sisters could and WOULD specifically ORDER Sheehan and SJAIL to STOPPED the civil process and work out an out-of-court win-win resolution of these issues, there is absolutely every reason in the world to place the civil process on HOLD while the canonical process moves forward.
4/16/14: letter to Mayor Rahm Emmanuel seeking his assistance in the implementation of “four tools plus one” utilizing Cook County and Chicago as the first demonstration site for these programs BEFORE the November elections in order to assure true BIPARTISAN participation in these initiatives.
By having Chicago partner with Microsoft and KL Gates among others to become a demonstration site for “the cyber city of the future,” Chicago could become a “Center of Progress” for a “21st Century of Progress.” While GEIP could finance the implementation of these programs, they, along with Safe Haven, would actually SAVE both lives and money with their implementation..
Again, the motto of Safe Haven that “A PENNY OF PREVENTION IS WORTH A DOLLAR OF CURE” is quite literally true, not to mention the LIVES SAVED in the process
4/18/14: writing again to Anita Alvarez summarizing CRIMINAL actions on the part of SJAIL and others. This letter also notes again the distinctly “sweetheart deal” giving him a 60 day jail sentence in return for a guilty plea to MANSLAUGHTER which conveniently avoids the need for her or anyone else in the SAO or CPD to actually testify in court, under oath, and particularly just before an election.. So much for “justice”-Chicago style. Fortunately, of course, Flint-Locke had other plans and have simply filed their case in civil court…
4/20/14: letter to Chicago’s Chief General Counsel, Steven Patton, requesting his and Mayor Emmanuel’s assistance as SUPERVISORS in ordering CPD Superintendent to ask supervisors in this case (Sisters, Cardinal George, Anita Alvarez, Lisa Madigan, Gov. Quinn) the “7 Simple Questions” BEFORE requesting Judge Toomin to appoint a SPECIAL PROSECUTOR
4/21/14: The Passing of Ralph Bonaccorsi—The Original “Soul” Man.
For close to 60 years Ralph served God and the Church in one form or another. For the last over two years, Ralph had been a BEACON of HOPE and a MORAL COMPASS for the Church as well as a true and your friend to Dr. Ladien throughout a very trying time indeed. It is more than fitting that Ralph should go into the hospital on Easter and pass the following day. May Ralph be at peace but ready to join in the fight from above with Sylvia and others should he choose to do so.
4/22/14: letter from Dr. Ladien to Peter Kalis, CEO of KL Gates describing in more detail a ten-year agenda for the implementation of IF-PREVENT, Super-EPIC and other “cyber tools” first in Illinois, then across the country and, over time, around the world.
By making our systems TRANSPARENT and holding “authorities” at all levels of society ACCOUNTABLE for their actions, corruption could be significantly reduced and JUSTICE significantly improved both here and around the world.
The Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose Litigation (WWMBL3) paradigm could, quite literally bring about a new sense of JUSTICE for the good of ALL of God’s children wherever they may be.
4/23/14: following a “last-minute” call to the Illinois state police, Capt. Cindy Benson called back in the afternoon to discuss the WRONGFUL DEATH of Sylvia.
Dr. Ladien noted to Capt. Benson that, to be fair, he would move the filing of a motion for a SPECIAL PROSECUTOR from 4/25/14, the 10th anniversary of Mayor Daley’s nephew’s infamous punch to 5/6/14, the 10th anniversary of David Koschman’s actual death.
4/24/14: True to Capt. Benson’s word, on 4/24/14 Lieut. Starlena Wilson called back to further review the details of Sylvia’s WRONGFUL DEATH with Dr. Ladien.
Dr. Ladien emphasize that, in appreciation of the limited time before 5/6/14, simply reaching out to the Sisters, Cardinal George, LeMar Hasbrouck, Anita Alvarez, Lisa Madigan and Gov. Quinn and simply asking them the “Seven Simple Questions” could be done at literally in the matter of HOURS and give everyone to INFORMED CONSENT concerning whether these SUPERVISORS wished these matters INVESTIGATED, FIXED and, above all, PREVENTED or if they truly wish to the COVER-UP and OBSTRUCTION OF JUSTICE being done in the THEIR name to continue.
4/25/14: 10TH Anniversary of “RJ’s” Punch
4/25/14: USCCB “motion to dismiss” for “Lack of Personal Jurisdiction”— the irony of their timing is impressive….SBS.
Note again:, under Canon Law 1389: CULPABLE NEGLIGENCE = NEGLIGENT SUPERVISION
4/25/14: Dr. Ladien’s letter to Mark Chopko outlining the specific ways that the United States conference of Catholic bishops (USCCB) had a DIRECT SUPERVISORY role over the Cardinals around the country including Cardinal George and the archdiocese of Chicago.
As it is specifically the USCCB who publishes the “Ethical and Religious Directives for CATHOLIC Health Care Services,” it is their own rules that SJAIL with DELIBERATE RECKLESSNESS WILLFULLY and WANTONLY VIOLATED
While Mark Chopko had FAILED to return phone calls all week from Dr. Ladien, both Allison Fuller and William Sasso went well above and beyond the “call of duty, in trying to help reach out to Mark Chopko to help facilitate0 Dr. Ladien’s efforts to seek a positive and loving win-win out-of-court resolution to these matters, consistent with canonical law as well as the teachings of Christ (“Do Onto Others…”).
Please SEE DISCLAIMER — Dr. Kimball Ladien.