How big will the lawsuit be?

By:  Diane Benjamin

Today, at Michael Cadena’s Massachusetts hearing, the Judge offered a $25, 000 bond but only if he was to return voluntarily to Illinois within 48 hours. Michael declined, agreeing instead to challenge the validity of the warrant used to incarcerate him as well as extradition. His next hearing will be November 20th. Until then, he will remain in a Massachusetts prison.

Yesterday, I reported that Sheriff Sandage told me the 11th Judicial Court is paying for the extradition. After many calls, I learned this process involves McLean County footing the bill upfront then taxing Michael upon his return. Essentially, we will be paying for Michael’s extradition and the court will force him to reimburse the funds. A source in the Chief Judge’s office confirmed that while this is extremely common in criminal cases, but to his knowledge he has never seen this done before in a family case.

Let me get this straight…..

First, Judge LeAnn Hill found Michael guilty of direct criminal contempt for not returning to Illinois with his son. We know this common law charge is improper as by definition it is for “acts witnessed in the immediate view and presence of the court” only. Next, Hill makes a “hybrid” warrant with the assistance of the States Attorney’s Office, to have METCOM enter it into the NCIC system unlawfully. We also know this warrant denied Michael his constitutional right to due process as a criminal defendant. Now, the 11th Circuit Court will extradite Michael for a family case using our tax dollars to pay the cost, then go after him to reimburse them. An act that has never been done before to the Court’s knowledge other than in criminal cases.

I’m sorry, but this clearly shows BIAS. Looks like Michael can add that to his civil rights lawsuit!

The longer Michael sits in jail on a warrant that may be eventually be deemed illegal the bigger a lawsuit against the County will get. That means higher taxes for us in the end.

When is this malpractice of justice going to stop?

Adele Saaf, Michael’s attorney here, filed a motion against Judge Hill’s findings on direct criminal contempt.  See it here:  MOTION TO DISMISS

Of course, Judge Hill didn’t agree.  An appeal is pending in Appellate Court.

 

 

24 thoughts on “How big will the lawsuit be?

  1. This messed up case makes no logical sense whatsoever. What truly messed up world has this man in ANY sort of legal trouble, let alone a jail cell?! There IS NO “other side” to this story, considering the history of the so-called “mother”…..

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  2. After enjoying my early morning coffee with friends, one being a retired judge in a Circuit Court of Illinois, we struck up this very interesting case as a topic of many discussions. There was in a somewhat similar case here in divorce and family law back in the late 80’s, whereas the Direct Criminal Contempt can and does apply.

    Please excuse my dates, if incorrect, as I was very interested and ambitious to look up the findings of the case upon my return back to home.

    After the hearing of Injunctive Relief held on 11/14/17, the Court ordered petioner to return to Illinois with the minor child within 60 days. Due to the filing of a notice to appeal, the Circuit Court delayed until the Appealate Court ‘s ruling returned. Mr. Cadena was found in Indirect Civil Contempt on 6/8/18 for a purge hearing and allow Petitioner to put on evidence for their motion for Finding an Inconvenient Forum. Petioner failed to appear while the court was in hopes to move to the Best Interest stage and set hearing to Respondant’s motion for Temporary Relief.
    It was in great hopes that Petioner would purge his contempt by appearing with the child. Petitioner failed to appear and produce child.
    Instead, Petitioner’s Counsel filed a Motion to reconsider the contempt finding, and Motion to continue.
    On 6/13/18 the Court moved to pursue Best Interest hearing. That did not happen and the Court found it to be coercive in nature as Petitioner continues to refuse to comply with the orders of the Court.

    Direct Criminal Contempt requires an act within ocular view of the law /in the court while the court is performing it’s judicial functions…

    Petitioner was indeed present at Injuctive Relief and received direct orders from the Court to produce the minor child.
    Petitioner’s own filings in/during this case gave direct insight to the Court that Petitioner was refusing to return and/or comply with the Court’s orders.

    Thus, it is in realm of ocular view of the Court based on Petitioner’s disobedience of order and Petioner Cousel’s filings and arguments during open court …
    Direct Criminal Contempt can and does indeed apply here in this given case.

    Such a sad and unfortunate set of circumstances for a child to be brought into this world by two very deceitful, toxic, selfish, alcoholic, drug consuming, violent criminals known to be mom and dad. Both with horrific pasts in early adulthood. Past and present behaviors which quiet frankly predict their futures.

    The mother has obviously had her past replayed like a record in my younger years so I need not mention her anymore.

    I’m quite sickened by the ongoing supporters for someone who doesn’t respect the law.

    When I first heard about this case in McLean County, I automatically sided with the father of the young child as nobody wants a mother that has done illegal drugs.

    This morning, after hearing/reviewing about his violent criminal past in his home state and now the chaos, illegal activities, convictions and blatant disregard of the law he has now created in my state… I have reconsidered to not make judgments based on hearsay, allegations or any sad sob story ever told.
    He seems to have very poor judgment when it comes to his domestic partners, after the ordeal with the mother, only further harming the wellbeing of his son during a time when he should have been protecting him. Taking and journaling hundreds, if not thousands, of pictures and videos to further destroy and exploit his own child to the entire world (in court documents, the pediatrician even had to explain to the father that it was inappropriate to record/take photos during a wellness exam while the boy was removing his pants). The alleged abuse was not timely documented to the authorities to the point that one wonders who/what happened to the poor child. What ever happened to picking up the telephone phone and calling 911 to make an immediate report? Instead, he sat idle and waited to get authorizes involved and possibly cried wolf a time or two. What kind of father is he? Is this what people with criminal records do?

    We now have an ex-con playing con games in not one, but two separate state court systems!!!

    I’ll gladly provide lots of love to another grandchild any day because this poor child stuck between two incompetent and disobedient parents surely needs some positive structure growing up.

    I’m glad to be directed here and many other online sources with guidance from friends who are tech savvy but now I am furious to know that this story even exists. Get this man back to McLean County or another District Court and stop this nonsense!!!

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      1. My apologies if you believe I have my “facts” wrong however the information was official.
        Do you mind if I provide the information with the facts presented? They were presented to me from a friend this morning who obtained them all via FOIA, IL and MA court documents, affidavits, sworn testimonies, DV and other police reports, etc. I would have to see if he is willing to forward them here for your readers to have a more objective look at the factual information that covers both parties in dispute.

        Best regards.

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      2. I am aware of his Conviction of Lethal Weapon Assault and Battery and Leaving Victim at Crime Scene as well as the Attempted Murder charge that was reduced.
        My friend also presented and highlighted the court findings, testimony from healthcare providers and cross examination, etc. during our weekly Saturday morning coffee gathering. He did this to explain and discuss our varying arguments and opinions.

        Again, I am not aware of your blog policies so I do not want to ask him to provide something that may upset you or your readers.

        Thank you. -Michelle

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      3. Over twenty years ago doesn’t matter in this case. We are talking about an abused 4 year old boy who was ripped away from the place he felt safe. If you can find something recent, let me know. Otherwise it is immaterial.

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      4. I will try to not be a disruption on your blog. The information presented to me today is up-to-date and current.

        Yes, Mr. Cadena has those serious convictions from 20 years ago and many other major felonies until his son was placed into DCFS custody in March 2016. What I find interesting are the under oath factual findings from both IL and MA Courts that are not being presented anywhere in this media frenzy. It seems that this case has many conspiracy theories and side with the “not so innocent” father who joined a drug fueled relationship with a much younger woman, impregnated her, had an on and off again relationship with her, drugs and alcohol and is now dodging the law. The “alleged” abuse from the mother cited by the father is a bit difficult to comprehend to say the least. The broadcasted videos and photos from Mr. Cadena in regards to the “alleged” abuse and “helping to save his son” vary greatly from the testimony given when he is examined. The timelines and facts don’t correspond exactly as he states along with the information presented for the public to view vs. his testimony under oath in Court. The information presented to the Courts from the medical/ mental health professionals also vary greatly as well. I Am very perplexed overall.

        I can now see why my friends and I spent much time in discussions this morning. I’m not one to fully understand the family law dynamics however my friend, who retired from serving time both as an attorney and a judge, has much to say in regards to this case that is very eye opening.

        As for the mother, she’s no peach either given her past but at least she’s smart enough to keep her mouth closed and far away from child exploitation (which is a whole other legal issue in itself).

        This case reminds me of my wife’s old afternoon soaps on cable.

        I will not disrupt nor disrespect your blog as I am enjoying many other community issues you have written about while I’m here away from my snowbird nest… is it just me or is this an extremely cold October thus far?

        -Michelle

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    1. Dean I didn’t know about the dads criminal history. How does he behave now that he is an adult? I have to do more research on this as I said I didn’t know about the father having a criminal history. Did you see the video of the boy being told he has to go back to his mother? It’s heartbreaking. I cried watching his reaction. Little Mikey ‘s reaction should be proof enough that he should not be sent back to his mother. Did you read the list of abuse this poor kid went through? Sickening. How can the court send him back to that hell. I pray ( and I don’t do that very often) that this kid finds peace and the abuse stops. This really touched me and upset me.

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      1. John,
        Yes. Although at my age, I’m not as computer savvy however my friends, children and grandchildren keep me posted on many issues, online. I’m a snowbird so I’m not always up to date on this community except through the Pantagraph when I’m back visiting. I was completely appalled by the videos and seeing such a young child upset like that over his own mother. With that said, I can assure you that my views have completely changed when this issue came to light this morning. My thoughts about the father is he’s definitely a wolf in sheep’s clothing. The only findings of corruption here are the parents in this case. I’ve seen a lot in my life but this truly has me questioning the future generations to come.
        -Michelle

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    2. Did your retarded ass not hear the child crying and explaining that his mom hurts him when he was given the news he had to go home with her? Who fucking cares if he took a bunch of videos to try to win people’s emotions over, you really think this strawman of an ex-con would even care enough to do so if he didn’t feel like he needed to protect him? It doesn’t matter if he disrespects the law, fuck you and fuck the over-reaching law that would force this situation. What matters he she is obviously a scumbag, the child obviously wants to stay with his dad and the dad is OBVIOUSLY a better and more caring parent than the mother. Unless you have ANY evidence he is doing anything abusive like his mother was (you obviously dont or you would have presented it) but shut your mouth.

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    3. You are a former judge and this just shows the corruption in the system. You more less are saying the child should be in foster care because neither parent is able to parent the child. Just like the rest of the judges you support human trafficking through the court system. Your opinion is just that. An opinion. This little boy cried and stared “I don’t want to go, she hurts me” and cried for his daddy. He looks to his daddy for protection obviously. That shows. Shame on you for your opinion. It’s why we don’t trust judges because people like u that get on the bench

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    1. I’m not certain he will be able to sue. I would think he would find himself a different attorney though.
      Mr. Cadena states his attorney never filed a petition in McLean for him to relocate out of state. That would be on his attorney for giving him false legal representation, not the judge in this custody case.

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