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MOTION TO DISMISS: 4th Amendment and Abuse of Process
NOW COMES the defendant, by pro se, and moves this Court to dismiss this case pursuant to The Constitution of the United States of America, Amendment 4 and for the State's and complainant's abuse of process and in support thereof states as follows:
- That the defendant presently is charged with the offense of harassment by telephone, 720 ILCS 135/1-1.
- That the State violated the defendant's right to privacy without probable cause.
- Whereas complainant, Adam C. Maclean, presented to the Chicago police at 3151 W. Harrison, four (4) months or thereabouts worth of protest and activist correspondence from the defendant that was done to procure the defendant's rightfully earned monies and an out-of-court settlement that would give the defendant fair value for what complainant took in predatory, conspiratorial and wrongful business practices. No reasonable person would consider that a person who considered himself or herself "harassed" would allow an established pattern of such activity to continue unabated and unrelentlessly for four (4) months straight before taking some sort of action to curtail it, a letter or call of warning from an attorney or policeman, unless said person had an ulterior motive for allowing and even encouraging such activity.
- Whereas complainant became aware through activity of the defendant of a precedent civil action of a wrongful termination case as published in the Chicago Tribune on Friday, September 17, 1999: "$136 Million Verdict for Wrongful Termination". Around the time that the complainant received this article from the defendant became the time he decided to try and criminalize the defendant through the use and abuse of process: of police, State's attorneys and the Illinois courts, on and/or around September 20 and September 21 and September 22, 1999. The State's attorney became complicit in this abuse of process by proceeding to charge defendant and have her brought up before the courts.
Wherefore the defendant asks that the above charge be dismissed against the defendant, filing this motion in a reasonable time after arraignment as a pro se defendant, and;
wherefore the defendant asks for latitude in pleadings and procedures as a pro se defendant as in the doctrine from Picking v. Penn Railway, 151 F2d 240, and;
wherefore defendant also asks for expense damages from complainant in the amount of: $280.00 for legal research materials and miscellaneous expenses related to her defense such as travel, postage and photo copies and an additional amount of $2,400.00 for pro se fees in that defendant spent at least 80 hours in legal research and preparation, for a total of $2,680.00.
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Defendant, Pro Se
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