Latest / The Courtroom Files / May 08, 2026 Court Hearings: Judge Simpson Revokes Bond, O'Donnell Sentences, Elmore Oversees Pretrial + More | TCF Podcast #287
Transcript
- 0:00Good morning, everybody, happy Super Friday.
- 0:02Welcome to TCF Live. Already got the day started.
- 0:05Barbara, thank you for two $5 super chats.
- 0:08Ashley, thank you for gifting US5 memberships.
- 0:11I appreciate both of you. We'll get started with Judge
- 0:14Oakley. Thank you.
- 0:22Good morning, Miss Norton. Xavier, what's the last name,
- 0:26Sir? OK.
- 0:27Can you remove your cover for me please Sir?
- 0:29Thank you. Can you find it?
- 0:31You'll look at mine. Are you working?
- 0:33Yes. Where do you work?
- 0:34How long you been with waste? That's probably not resolved.
- 0:37Shooting there with family expense has not dribbled since
- 0:40the date of the good. You want to put her on for the
- 0:42June 18th date. You want to put her on for June
- 0:4418th? All right.
- 0:45I'll put her on a personal bond. You want to do it at 9:00 again.
- 0:49Sorry, Miss Norton. Thank you.
- 0:51Miss Norton. I'm going to put you on a
- 0:52personal bond. The first two conditions are
- 0:53pretty obvious #1 stay out of trouble #2 show up for court on
- 0:56June 18th at 9:00 AM. Third condition, do not
- 0:59purchase, possess or consume any mood altering substance unless
- 1:02you've got a doctor's prescription.
- 1:03Can you abide by those rules? Raise your right hand.
- 1:06Do you swear or affirm and acknowledge the debt payable to
- 1:09court? You might have $1000.
- 1:11If you screw that up, you mess up on bond, you go to jail, it's
- 1:14going to cost you $1000 to get out.
- 1:15Understood. Any questions?
- 1:17You're all set. We'll get your notice.
- 1:18Get you out of here. Mr. Beaudry.
- 1:20Come on up, Council. We've got the file 1923649 S of
- 1:26the Peter. Thank you. 3 trials of these Red
- 1:31City arraignment or show cost. Southern side of the show called
- 1:34Isaac Lacey Arraignment wave formal leading plea not guilty
- 1:39as we list the pretrial property Bridge of reef dismissed the.
- 1:42Original driving license. Suspended the subject due to
- 1:45the. Benefit you'll when you.
- 1:46Start to go out on versus you've been to violate rights.
- 1:48OK. All right, Mr. Boudreau, you
- 1:50understand those rights, you understand the options presented
- 1:53to you because of those rights. And do you understand the
- 1:56possible penalty for the added charge?
- 1:58Understanding all of that, are you pleading guilty to that
- 1:59charge, doing so freely and voluntarily?
- 2:03All right. Did you drive a vehicle in Ramos
- 2:05on October 2525? Was your license suspended,
- 2:08revoked or denied? Satisfied counsel.
- 2:11Thank you. I'll accept the plea and dismiss
- 2:13the original charge. Tell me something about Mr.
- 2:15Beaudry so I can sentence today. Kind of swing soul works with
- 2:19his family you're on. But as a child on the way of
- 2:21sin. Congrats.
- 2:23It's not ever had a license. They have it.
- 2:27OK, so when this hits his record, they're probably going
- 2:29to be suspending. He's going to be suspending.
- 2:31Pretty sure he's being more aware of that.
- 2:33OK. Where are you working?
- 2:36How long? Since November.
- 2:38Full time. Good.
- 2:40What do they pay? You got to get a better job.
- 2:43What's the plan? What have you done besides Myers
- 2:48worked? At BTW.
- 2:51The aircraft. OK.
- 2:52OK. How soon do you think he's going
- 2:55to be able to get his license back with this suspension?
- 2:58And this. It's as soon as this hits, it's
- 3:00at least 30 days, so I can go back in there.
- 3:02Is he is he eligible right now? I believe he is eligible right
- 3:05now. If, if this case didn't exist,
- 3:07could you go to Secretary of State and get your license?
- 3:10Is Greco here today or Angela? Angela.
- 3:13I'm going to beat her up a little bit.
- 3:15Yes. Judge, I want to beat you up a
- 3:17little bit. OK, What's going on?
- 3:20Mr. Beaudry is 20 years old. He's got a baby on the way.
- 3:23He needs to get a good job. I've got a real good job
- 3:26prospect for him, but he's got to get his license.
- 3:28And if he pleads to a no OPS, he's 30 days out before he can
- 3:31get his license. OK.
- 3:32You want to. Do an allowing will you?
- 3:34Yeah, that's fine. Thank.
- 3:36You all right? Thank you.
- 3:39This is going to be a nasty job. I mean, hard work, messy, wet,
- 3:42muddy. I think he's going to start you
- 3:44at 19 or 20 bucks an hour. He'll work you.
- 3:48He'll work you enough that you'll you'll just go home,
- 3:51crawl into bed and sleep. That's what you need right now,
- 3:54OK? You need to be working 60-70
- 3:56hour weeks while you're young and healthy.
- 3:58So when you're old and worn out like I am, you don't have to
- 4:00work so hard, OK? Get your license straightened
- 4:04out. Call him first.
- 4:05Tell him I got that card from Oakley.
- 4:07I'm getting my license straightened out this week.
- 4:10Whatever you can do. And I want to know if you can
- 4:13look at me to hire me. All right, and then let me know
- 4:16what happens. All right, so we're going to
- 4:17change this to an allow one licensed driver to operate.
- 4:21OK, now what's what else should I know before I sentence
- 4:24everything? One years old is human writing.
- 4:27Southeast. Michigan, no prior criminal
- 4:29record, all that. I'm going to I'm not.
- 4:31I'm not going to just give you a birthday present.
- 4:33I'm going to give you your Christmas present too.
- 4:36Find the cost on this file $600.00 or show me a valid
- 4:39operator's license within 30 days.
- 4:42I'm paying you 600 bucks to get your license.
- 4:45You understand how that works? Go away, Judge.
- 4:48She has a bond. OK.
- 4:51I'm going to keep $150.00 out of your bond, and then I'm going to
- 4:53pay you $450 to get your license.
- 4:56Go away. Good luck.
- 4:57Thanks. Good.
- 4:58Morning once again, everybody. TCF live on a Super Friday.
- 5:00It's good to have you all here. Lindsay, thank you for 10 gifted
- 5:04memberships. Ashley, thank you for five more,
- 5:06and Barbara, thank you for another $5.
- 5:08You guys are being very generous this morning and I surely
- 5:11appreciate it. Let's continue with Judge
- 5:13Oakley. OK, Mr. Bowditch, how about is
- 5:17it Mathers Matthews? You're on a Rocket Board record,
- 5:20you have about clearance on the output and this is this is
- 5:23Matthews. She's broken.
- 5:25Sir, can you give me name please?
- 5:27Michael Masters. Thank you.
- 5:29You're on today's date time separating in this time there's
- 5:32something we understand also understand we are requesting an
- 5:36adjournment. We were hoping that you get on
- 5:38the June 18th time. None.
- 5:42Mr. Mathis, is Lauren Grace somebody that you know, or is
- 5:45that a stranger to you? Oh, sure.
- 5:48Yeah. Strangers.
- 5:49All right. So no reason for you to have any
- 5:50contact with him. You saw him at McDonald's.
- 5:53You go eat at Burger King. I already had.
- 5:55All right, so I'm going to order no contact Mathis yes THES.
- 6:03So no contact means no phone calls, no letters, no social
- 6:06media contact. You see him at Burger King,
- 6:08You're eating at McDonald's. You got it.
- 6:10No contact. I'll put you on a personal bond.
- 6:13Stay out of trouble. Show up for court.
- 6:14And no contact keeps you out of jail.
- 6:17Raise your right hand. Do you swear or affirm and
- 6:20acknowledge the debt part? About $1000 if you screw up on
- 6:23bond. Any questions?
- 6:25Have a seat. We'll get you a notice.
- 6:27Get you on your way. You're welcome.
- 6:29Jalen Estelle. Did I pronounce the last name
- 6:33correctly? Thank you.
- 6:35You're on the 45367 appearing on behalf of and Mr. Stell, Sir,
- 6:42did you tell? Me.
- 6:44Thanks, Your Honor. Today's date and time set for
- 6:47Raymond. In this time for reading
- 6:49Stanley, we've also had a chance to retry this case.
- 6:52You have an executed plea agreement subject to court
- 6:55approval. In that agreement, Mr. Estelle
- 6:58will be pleaded the charge of operating while physically OK.
- 7:03Mr. Stella, you understand your rights and the options
- 7:05presented. You understand the possible
- 7:07penalty for this charge, the added charge, understanding all
- 7:09of that. Are you pleading guilty to the
- 7:11charge today, freely and voluntarily?
- 7:13Did you drive a vehicle in Romulus on August 18th, 2025
- 7:17after consuming alcohol? Was there a breath test or a
- 7:20blood test? I'm not certain, but this was
- 7:27all of a voluntary act by Mr. Spell.
- 7:31He came in exactly craving what happened.
- 7:33OK, well, let's put it this way. Looking back on it now, on
- 7:37August 18, 2025, was your ability to operate your vehicle
- 7:41visibly impaired due to your consumption of alcohol
- 7:44Satisfied. Satisfied.
- 7:47I have accepted your plea. I've dismissed the original
- 7:49charge. I'm going to send you downstairs
- 7:50to make a date with the probation department.
- 7:52You'll come back and be interviewed by probation.
- 7:54Based on the interview, they're going to do a report and
- 7:55recommendation. You'll go over that with Mr.
- 7:57Bowditch. When you come back for
- 7:59sentencing, I will have looked at that report and then we'll
- 8:01have a conversation before I sent you.
- 8:03Understood. Your bonus.
- 8:04Continue. No questions.
- 8:07No questions. Yes, Your Honor.
- 8:09OK, I got that. Go down.
- 8:11Go downstairs and get. That's all right.
- 8:13Go down. Bad questions, get bad answers.
- 8:15Go downstairs and get your dates.
- 8:23Oh, absolutely. Yeah.
- 8:24Just add it in. What's one more?
- 8:27Darius Dunlap. Good morning, Sir.
- 8:40Also had a chance to Mr. Dunlap. We should be guilty.
- 8:46No operator's license on a person with the understanding
- 8:49the original charge would be dismissed.
- 8:51OK, Mr. Dunlap, you understand your rights and options.
- 8:54You understand the possible penalty for this charge.
- 8:57Are you pleading guilty today to that charge?
- 8:59Doing so freely and voluntarily? Did you drive a vehicle in
- 9:02Reynolds on April 10th, 2025 while your license was
- 9:05suspended, revoked or denied? Satisfied.
- 9:09I'll accept the plea of the added charge.
- 9:11Dismissed. The original still valid or
- 9:14still suspended? Are you valid now?
- 9:18Good. Are you working?
- 9:19Where at? I work for security Golf.
- 9:22How long? Like 2 years.
- 9:24OK. All right.
- 9:25Looks like you already owe us some money on some other stuff.
- 9:28Are you on a payment plan? On those you can get.
- 9:31You can get that in place before you leave?
- 9:33Yes, Sir. Yes, Sir.
- 9:34Monthly. Weekly.
- 9:35How you going to do it? Do it weekly.
- 9:36OK, all right, all right, so the money up, the money I'm going to
- 9:39assess today. You can just roll it all
- 9:41together. All right, what kind of shift
- 9:43are you on? So if I order work program for
- 9:46you, which means you pick the days and those days you have to
- 9:48be here at 8:00 in the morning for about 6-7 hours, Can you do
- 9:51that? All right, I'm going to order
- 9:53four days on the work program. All right, fine.
- 9:55To cost $600.00. I'm going to send you down to
- 9:57the collections counter to set up your payment plan.
- 9:59So you're going to owe us $13110 and schedule your work days.
- 10:03Any questions? Good luck.
- 10:07Barbara, thank you for another $5 treats for Ellie.
- 10:10We'll add that five to her Treato fund.
- 10:12And Ashley, thank you for gifting 5 more memberships.
- 10:15Very generous this morning. All of you, thank you so much.
- 10:18Yeah, the record. Josh, I believe you're on behalf
- 10:20with this man, Brad with Lucy and good morning following the
- 10:24understanding. Mute as.
- 10:25Pleaded not guilty. For renting purposes, we have
- 10:28reached a resolution. Tell me all about it.
- 10:31The a matter, Your Honor, because product license.
- 10:34And the B matters. Of the 50, our vote going to be
- 10:37dismissed to be amended charge of allowing an unlicensed driver
- 10:43and Miss Bradley is the holder of a valid license.
- 10:46Awesome, awesome. All right.
- 10:48Did you discuss your rights with Mr. Hadley?
- 10:50You understand those rights and the options they give you.
- 10:53And do you understand the possible penalty for this added
- 10:55charge? Understanding all of that.
- 10:57Are you pleading guilty to the added charge freely and
- 10:59voluntarily today? Were you suspended on February
- 11:0222nd? No.
- 11:03Were you expired on February 22nd, 2026 when you drove a
- 11:06vehicle in Romulus? Satisfied counsel.
- 11:09So am I love the green and the the.
- 11:11Yeah. Just very, very springy.
- 11:15Very springy. Well, the tie's nice.
- 11:18Anything else I should know before I sentence?
- 11:20They kind of live with the allocution and she went out and
- 11:22took care of it. She didn't do she went out good
- 11:25otherwise. Working, yes.
- 11:27Where at who? For how long about?
- 11:31Two years. Good, good.
- 11:32All right. Fines, a cost of $400.00.
- 11:34Can you pay that today or do you need options?
- 11:36You want me to just give you a due date?
- 11:37Yes, 22nd, plenty of time. Yeah, 20 second.
- 11:41Yeah, that's perfect. And it's all right.
- 11:45You're all set. Have a great day.
- 11:46Thank you. Thank you.
- 11:48Wahoo, thank you for gifting a membership.
- 11:50Very much appreciate that as well.
- 11:51Thank you some great. Shot yes, please save you the
- 11:54requisite. Do you want anything to miss?
- 11:56Your Honor will be to adjourned this matter to review discovery
- 11:59discuss options with the prosecution.
- 12:01We have reached a resolution at this time.
- 12:03Both original charges are going to be amended.
- 12:06The OWI will be amended down. Yep be tendering guilty plea
- 12:11driving a license suspended would be amended down for no.
- 12:14OPS We. Continue to.
- 12:15Plead to that as well. All right.
- 12:17Mr. Hernandez, did you discuss your rights and options with Mr.
- 12:20Hadley? Did you understand all those
- 12:22rights and the options presented?
- 12:24You understand the possible penalty to the added charges?
- 12:27Understanding all that, are you pleading guilty to these added
- 12:29charges freely and voluntarily today?
- 12:31Did you drive a vehicle in Rymelus on May 15 last year?
- 12:34And prior to driving, did you drink some alcohol?
- 12:37And at that time was your license suspended, revoked or
- 12:39denied? Was there a breath or blood
- 12:41test? This one was actually part of
- 12:43the discovery. Let's call a typo injury at the
- 12:46MSP that created a little bit. OK.
- 12:49Would would you stipulate that the blood test result was .08 or
- 12:52more? You satisfied?
- 12:54We already? I'll accept the plea of the
- 12:56added charges. Dismissed the originals.
- 12:58All right, I'm going to send Mr. Hernandez down to probation to
- 13:01schedule a pre sentence interview.
- 13:03We'll get you scheduled with that interview and a sentencing
- 13:05date. The interview leads to a report.
- 13:08You go over the report with counsel.
- 13:09When you come back for sentencing, I'll look at the
- 13:11report. We'll have a conversation.
- 13:12I'll send you that. Understood.
- 13:14I'll continue bond in the meantime.
- 13:16Any questions, Sir? Have a lovely day.
- 13:19James Isabelafat. Did I say it right?
- 13:22Mr. Bellafont, are you going forward today without benefit of
- 13:25a court appointed attorney and you've met with the prosecutor
- 13:29and you made a deal? Yes.
- 13:31Did you reap the rights form? You understand all those rights,
- 13:35You understand the possible penalty for the added charge.
- 13:39Understanding all of this, are you pleading guilty to that
- 13:41added charge today freely and voluntarily?
- 13:44All right, If I take a plea from you to no valid operative
- 13:47license on person, when we tell Secretary of State what happened
- 13:50today, they're probably going to suspend you for another period
- 13:53of time. You understand that and
- 13:55understand that you're still willing to plead guilty.
- 13:57All right. Did you drive a vehicle on
- 13:59Romulus while your license was suspended?
- 14:01On February 15 this year, I'll accept your plea to the no valid
- 14:04operator's license on person and I will dismiss the original
- 14:08charge. Are you working, Sir?
- 14:10Where do you work? How long you been there?
- 14:12Good enough hours. Good.
- 14:14And what do you have to do to get your license back?
- 14:16All right, 1 ticket where at all right, you on a payment plan
- 14:20with them? What do you owe them?
- 14:23What do you owe them? OK, All right.
- 14:26If I order four days on the work program, can you get here 8:00
- 14:29in the morning? All right.
- 14:30Finds A cause on this file, Mr. Bella.
- 14:32Font $500. Can you pay that today or do you
- 14:36need need options? Go downstairs, set up some kind
- 14:38of payment plan. Weekly, bi weekly, monthly,
- 14:40whatever works for you. All right, I'll work with you on
- 14:42the money. Whatever you want to do, I'll
- 14:44work with you on the money. Go downstairs and set that up.
- 14:47All right. Good luck to you, Sir.
- 14:48Todd, thank you for gifting the membership.
- 14:50Gramma TCF Thank you for gifting 5.
- 14:54I know I say this a lot, but I'm going to keep saying it because
- 14:57it's important to me that all of you know your generosity, the
- 15:00way you support me, the way you support this community, all of
- 15:02you. It is never overlooked.
- 15:05It is always about. Thank you very much.
- 15:06Full infraction, double parking and the misdemeanor would be
- 15:09dismissed. Is that your deal?
- 15:11And can you pay the 152 day calendar over there?
- 15:14If you can see the dates, tell me when you can pay it.
- 15:17That. Doesn't help me Saturday.
- 15:22So are you getting paid this week?
- 15:25So you're paid the 15th. So you're going to.
- 15:28Yeah, I like Fridays. I kind of think in Fridays.
- 15:31So Friday the 15th, you get paid that week.
- 15:34So if I give you till the 22nd, you can get it paid.
- 15:36All right. So we don't, we don't, we don't
- 15:41process this deal until we get our money.
- 15:43So if you don't pay it on time, then you're still dealing with
- 15:46the misdemeanor. Understood.
- 15:48Any questions? Have a lovely day.
- 15:51Well, Sadie White, Miss White, are you going forward today
- 15:54without benefit of a court appointed attorney?
- 15:56Did you read your rights form? Do you understand your rights?
- 16:00OK, All right, we've got 2 files today.
- 16:02It looks like 1. You made a deal with the
- 16:04prosecutor. You're going to plead to a
- 16:05double parking. You've agreed to pay 150 bucks
- 16:07and we're going to dismiss the registrar unregistered vehicle.
- 16:10That's from February 21. Then we've got another file.
- 16:13I don't know why this didn't get dealt with.
- 16:15OK, we got another file. That's that's a Romulus from
- 16:18that same date. Drove all license suspended,
- 16:19revoked or denied. Oh, OK.
- 16:22OK. Oh, she's going to dismiss both
- 16:24of them. Oh, that's a good deal.
- 16:27OK. All right.
- 16:28And it looks like you already owe us money on some other
- 16:30stuff. What do we got here on
- 16:31probation. Oh, you're on probation?
- 16:35Oh, you're on a delayed sentence for a violation of parental
- 16:37responsibility. All right, so you're OK There.
- 16:40You just get. You just got on that.
- 16:42Yeah. OK.
- 16:43So when can you pay the 1:50? You mean tomorrow?
- 16:48No, I this I've been going all week for a conference, so it
- 16:51feels like Monday for me. So next Tuesday, I'll give you
- 16:56till Friday. I don't care.
- 16:58OK. All right, So, Heather, I'm
- 17:01going to dismiss the DWLS, which is the A, and then we'll reduce
- 17:06the B, the double parking. OK, so next Friday, the 15th is
- 17:12your due date for 1:50. Any questions?
- 17:14You're all set. You're welcome, Erwin.
- 17:19Good morning, ma'am. Are you going forward today
- 17:21without benefit of a court appointed attorney?
- 17:24Have you read your rights? You understand those rights and
- 17:26the options they give you. All right, let's see what the
- 17:28deal said. You're going to plead guilty to
- 17:30no valid operators license on no valid license on person will
- 17:35dismiss registration of plate, civil infraction, no insurance,
- 17:39civil infraction and drove all license suspended, revoked or
- 17:41denied misdemeanor. Right.
- 17:43You understand that when Secretary of State sees this
- 17:46deal, they're probably going to suspend you for a little bit
- 17:49more time. Yeah, they might resuspend you.
- 17:53You understand that's a possibility because this will
- 17:55show them that you were driving when you weren't supposed to be
- 17:58driving. You follow me.
- 18:00All right, and understanding your rights, understanding your
- 18:04options, understanding the possible penalty for the no
- 18:06valid operators license. Are you pleading guilty freely
- 18:09and voluntarily? Yeah, but you're doing it
- 18:10because you decide that's the best deal for you, not because
- 18:13somebody's making you. Yeah.
- 18:15So did you drive a vehicle in Romulus while your license was
- 18:17suspended, revoked or denied? That was February 19th.
- 18:20I will accept your plea and dismiss all the other stuff and
- 18:23keeping with your agreement with the prosecutor.
- 18:25All right. Are you working?
- 18:27Where do you work? How long have you been there?
- 18:29OK. Anything else you want me to
- 18:32know? Right.
- 18:32How old are they? 6:00 and 2:00.
- 18:35So, so 6 year old's probably in school.
- 18:38OK. And what kind of shift do you
- 18:40work on the job? I work around 11:30 to 7030, so
- 18:45they're all right. So normally I would order work
- 18:47program, but that's going to cause you some extra problems.
- 18:51So instead of four days on the work program, I'm going to order
- 18:5530 hours community service. What that means is charity work.
- 18:59Literally any nonprofit. If you get inventive, you'll be
- 19:02able to find some place where you can go volunteer.
- 19:04The kids think you're taking them somewhere fun and you can
- 19:06kill a couple birds with one stone.
- 19:08Understood. And I'm going to give you until
- 19:11July 1. So go downstairs at the front
- 19:15counter far end, ask them for the community service list and
- 19:19we'll give you a list of organizations in our area that
- 19:21are pre approved. You don't have to work from that
- 19:23list. You can find any nonprofit if
- 19:24the IRS have them registered as a nonprofit.
- 19:27I'll accept the hours there. All right, if you're not working
- 19:30off our list before you do the work, you might want to come in
- 19:33and have us confirm that the place you picked will approve
- 19:37because you don't have time to waste doing 30 hours that I
- 19:39don't accept. All right, find the cost of
- 19:41$500. Can you pay that today or do you
- 19:43need options on that? Go downstairs front counter
- 19:46where you get all that stuff. Any questions?
- 19:48Good luck. Once again, everybody, good
- 19:50morning. It's TCF live on a super Friday.
- 19:52My name is Dan Soul, your guide through this journey through
- 19:55Courtlandia. This morning, Barbara, another
- 19:57$5. Thank you and the community and
- 20:01I love you too. And the options you have and the
- 20:03rights to give you those options, I'm not sure I really
- 20:07understand. Do you have any questions I can
- 20:09answer? Go ahead.
- 20:17The main you mean the difference between what you're getting
- 20:19ready, getting ready to plead to and the what you're charged
- 20:22with? What I what I'm pleading to the
- 20:24original charge. Yeah.
- 20:26So original charge. Bottom line is the 2 points the
- 20:29drove all license suspended you're going to get 2 points
- 20:31from Secretary of State with the no valid operator's license on
- 20:33person you're not going to get those two points.
- 20:35The Secretary of State may give you a longer suspension because
- 20:39this charge on your record when that hits today it'll show them
- 20:42that on February 12 you were driving.
- 20:46So they might re suspend you but it will not be points my
- 20:51situation around I. Was.
- 20:56My license was suspended for five.
- 20:57Years. And I made it to four years and
- 21:00nine months and they were suspended again.
- 21:02Because I got talked. About doing revolt work, That's
- 21:05right. That's I vote on.
- 21:06Work so they were suspended for. Another volume.
- 21:08So next year, I mean that fifth year, which all together is like
- 21:1310 years I've been without a license and like I'll completely
- 21:17turn my life around. I'll completely put it down on
- 21:20alcohol since the last incident and you just been on Straight
- 21:24and narrow and to work at home, literally, I missed all family
- 21:27events. Where are you working at,
- 21:29Broski? New Boston.
- 21:31Yeah, The Lighting Place. Yeah.
- 21:33Yeah, I just been on straight and narrow.
- 21:35When you decide that like, you catch lips and Ubers.
- 21:39You know I've had. I got a bunch of ton of money, a
- 21:42lot going on I'm. Here to.
- 21:44Pull them over. This summer.
- 21:46Where are you going with all this?
- 21:48Well, I'm going with it. It's and this reached the
- 21:51Secretary of State and they suspended another five years.
- 21:54About 15. OK, stop there, Miss Mannarino.
- 21:57Yes. Judge.
- 21:59Elijah Lee. Yes.
- 22:02DWLS down to no OPS February 12, 2026.
- 22:07He's been 10 years without his license because of drinking and
- 22:09driving charges. Last time he got an extra 5.
- 22:13It's big. It's because he got popped
- 22:15driving while he was revoked. I think the no OPS is going to
- 22:18do the same thing and add another five years.
- 22:21So wait, I'm at it to an. Allowing he's a working guy yeah
- 22:24that's fine we. Can do.
- 22:25That. All right.
- 22:26Thank you, Judge. Thank you, Miss Mannarino.
- 22:29She just saved you that five years.
- 22:32All right, So what you're going to plead to is allowing an
- 22:34unlicensed driver to operate. So, you know, if you gave your
- 22:38nephew who's 15 your car and said go up and get milk at the
- 22:41store, he's not licensed, that's the ticket you'd get.
- 22:45So that tells Secretary of State that you gave somebody the right
- 22:48to drive your car that shouldn't have that somebody just happens
- 22:51to be you. OK, understood.
- 22:55All right, I think I got this already, but let's February
- 22:5812th, 2026. Were you driving a vehicle in
- 23:00Romulus? Was your license suspended,
- 23:02revoked or denied? I'll accept your plea to the
- 23:04added charge. What kind of shift you work at,
- 23:08Bros? I worked at 62.
- 23:12All that all that work. All right.
- 23:14What days? Monday through Friday.
- 23:18They're working you 6 days. Good for you.
- 23:19All right, all right. Usually I would do four days on
- 23:22the work program, but I don't want you to have to take work
- 23:25days off to do that. So I'm going to convert your
- 23:27work days to community service hours.
- 23:30Did you hear me explain to the lady in front of you how that
- 23:32works? Did you, did you hear me explain
- 23:34community service to the lady in front of you?
- 23:36It's charity work. All right, on the funny, funny.
- 23:40That's money and fines and costs all rolled together.
- 23:42It works on the money, finds a cost for $500.
- 23:47Can you pay that today or do you need options?
- 23:50Go downstairs, same kind of where you're going to schedule
- 23:52your four or ask about 30 hours community service if you want.
- 23:56Our list is where you set up your payment plans.
- 23:58Looks like you owe us 90 bucks on a 2022.
- 24:02OK, balance due on that ticket. So just put it all together.
- 24:05One payment plan questions, you're all set.
- 24:10Good luck with that license. Listen, when you're ready to go
- 24:12get your license, go talk to an attorney that does license
- 24:15restorations. It's going to cost you money,
- 24:18but it'll save you time because probably what happens with most
- 24:22people that try it without a lawyer is they, they set up a
- 24:24hearing through the Secretary of State and they go to the
- 24:26driver's license appeal division and the hearing officer says,
- 24:30OK, do this, do this, do this, do this, bring me that, bring me
- 24:32this and then come back and see me in X number of months.
- 24:36If you see an attorney that does that for a living, they'll have
- 24:40all your ducks in a row. So when you go into the hearing,
- 24:42you probably get some privileges.
- 24:45It'll cost you, but you're, you're, I mean, how long, how
- 24:47much does it cost you the last 10 years paying for rides and
- 24:51attorneys a bargain. All right, So keep that in mind
- 24:54when you're ready. You're welcome.
- 24:55Good luck, Morris. Mr. Morris, are you going
- 24:58forward today without an attorney?
- 25:02Did you read your rights form? Did you understand your rights?
- 25:05Did you understand the options those rights give you today?
- 25:08All right, the deal says that you're going to plead.
- 25:11Morris, We. Have two.
- 25:13Morris, Oh, is it? Keel.
- 25:16Keel. You're welcome.
- 25:19All right. So you understand your options,
- 25:21You understand your rights, You understand the penalty.
- 25:23So are you pleading guilty freely, voluntarily.
- 25:26On February 19, 2026, did you drive a vehicle in Romulus?
- 25:30Was your license revoked or suspended?
- 25:33I'll accept your plea to the added charge.
- 25:34Dismiss the original charge. Working.
- 25:36No, nothing. Right?
- 25:38When's the last time you had a job?
- 25:40September 2nd. Where were you working last
- 25:42year? Where at all right, all right.
- 25:45So what's going on with the the employment situation September
- 25:502nd, I think on the December kind of revenue, revenue was
- 25:55very prior to. So yeah.
- 25:58School. School in the bathtub.
- 26:01OK, so where you going to school?
- 26:05Morning council? What are you doing there?
- 26:08I'm going to school for several processing certificates and.
- 26:12OK, all right. Good, good and license still
- 26:15suspended unfortunately. I was actually I was able to get
- 26:18it. Back I didn't even know that I
- 26:22thought because of the points that end of the follow.
- 26:24Up right. Yeah, yeah.
- 26:28And you know that this is probably going to put you a
- 26:29little bit. Behind on them.
- 26:30OK. All right.
- 26:32Anything else you want to know All right and it looks like you
- 26:34already owe us money on some other stuff.
- 26:36A 2024 distracted driving. I didn't I.
- 26:40Didn't know that I could even set up.
- 26:41Pay. Yeah.
- 26:42All right, so today's file is $500 and four days on the work
- 26:45program. Have you heard me explain the
- 26:46work program? You pick the four days.
- 26:49You show up that day at 8:00 in the morning, you're back usually
- 26:52two o'clock 3:00 in the afternoon, done for the day.
- 26:54All right, so as on the $500, go down and set up a payment plan
- 26:58for that plus the old distracted driving 1.
- 27:01I did already pay your ticket that was dismissed or they just
- 27:04paid those funds? The speeding ticket, when did
- 27:08you do that? I did that yesterday morning.
- 27:12Oh, all right, so can you just apply the 195 on that dude?
- 27:16Thank you I'll. I'll leave a note by the 195.
- 27:20On to the 500. Yes.
- 27:22Got it questions. Good luck.
- 27:24I got an arraignment following that it.
- 27:27Looks like the. Endurance in the.
- 27:28All righty, friends. We've spent a lot of time with
- 27:30Judge Oakley this morning, but he was kind of on a roll.
- 27:32We might check back in later, but I'd like to put us in the
- 27:35Wayback Machine for a few minutes.
- 27:37This was yesterday after we ended our show.
- 27:41This is Judge Simpson. He had an interesting encounter
- 27:45with somebody. About it yesterday, OK, I'll try
- 27:49and get it. Fine, I'll pass it.
- 27:53But hold on for just a minute because it reset on me.
- 27:57Hold on, there we go. I'll walk out.
- 28:00You're doing those waiters. OK.
- 28:02Can you just double check those? Yes, workouts case of the people
- 28:07versus Hosea Hill. Thank you, Your Honor.
- 28:13Alex Warren, on behalf of Mr. Hill.
- 28:16Mr. Hill, can you state the coins?
- 28:19Hosea, Rafael Hill. Good.
- 28:21Morning. Good morning.
- 28:23We're going to need to deal with this violation.
- 28:25Your honor, I reviewed that with my client at this time he's
- 28:28going to admit to not only his behavior towards.
- 28:33Why was he acting that way? You gonna have to give me an
- 28:37explanation for that. Those, those folks over there at
- 28:40Community Corrections have to deal with a lot of people coming
- 28:44through, a lot of people that are under stress and they don't
- 28:49need this garbage. And certainly, and I'll be
- 28:53honest with you, especially Miss Dozer does not need this
- 28:56garbage. So before you start talking to
- 28:59me, you better make sure you understand what you're saying to
- 29:02me. And before the violation issued
- 29:07right after the N terminated because of behavior at the end
- 29:11big Mr. Hill came to my office we're.
- 29:15Clear It's not just his behavior.
- 29:17She had to call officers in, tried to deal with it and still
- 29:20tried to do it and he still didn't do it and he didn't
- 29:23complete his intake. Go ahead.
- 29:25My office made me aware of what happened, sat down with me,
- 29:30wrote an apology letter to Agent Dozier and to her.
- 29:35I extended my apologies on his behalf and I think to try and
- 29:42put this into context and he acknowledges there's no excuse.
- 29:45For it. But to try and put it into
- 29:47context, Mr. Hill has had medication stolen.
- 29:53He's bribed medication for a mental health diet as he
- 30:00scheduled 2 appointments with his psychiatrist to make a plan
- 30:07moving forward. And after sending our apology
- 30:10letter to Agent Dozier, one thing that Hill brought up was
- 30:18if his social worker was present at the time of intake, I think
- 30:23that might help him regulate his emotions.
- 30:27But he's still trying to get back on the medication that he's
- 30:30prescribed. So let me just read the letter
- 30:33here, Your Honor, I, I can answer any of the court's
- 30:38questions. And I think Mr. Hill can answer
- 30:40any of the court's questions as well at this time.
- 30:43Please please I will answer please.
- 30:46Thank you. This is difficult.
- 30:48You know what's very difficult, what's going on?
- 30:51But please, if I will answer whatever you need to know for
- 30:55me. Over here, over here.
- 30:57I, I did not expect to go to that meeting and that that's for
- 31:01sure. I'll be open.
- 31:02I'm an open person and I was just opening up to Miss Dozier
- 31:07about my no. You weren't.
- 31:10You were interfering with the intake process.
- 31:13She was just trying to get certain things done.
- 31:16I can I mentioned something? Go ahead.
- 31:20I I was talking to Miss Dozier in a meeting and there was some
- 31:25confusion, some confusion. I was confused and I was
- 31:29explaining to her why? Because the magistrate informed
- 31:33if I go to community, when I go to community corrections,
- 31:37because he's ordered me to go there and I did everything he
- 31:40told me to do. And when I, when I and when we
- 31:43were in, when we were in court, when I was in jail and we were
- 31:47in court, he mentioned about corrections and I already passed
- 31:52experience with community corrections.
- 31:53So I understand that these things cost money and I excuse
- 31:58me please, I'm not interrupting anyone and I don't do that.
- 32:02So I do alright. But once I once I was ordered to
- 32:09go there, I mentioned judge in court.
- 32:11I said judge, I do not have any money.
- 32:14I just do not have any money judge.
- 32:16And he said that's OK, Community corrections will not turn you
- 32:20away if you do not have any money.
- 32:22So when I went to community corrections and met with her in
- 32:25her office, I, I mentioned that to her.
- 32:29She because she mentioned it, I asked her is this going to cost
- 32:32me and she said yes. And I said OK, well I don't have
- 32:37any money. And she mentioned that that
- 32:41excuse me, I'm trying to talk. Sorry, I am trying to talk to
- 32:44you. Here's a part of.
- 32:45The problem? Your attorney is trying to save
- 32:48you. Oh, you know what?
- 32:49Don't throw your hands down. Bond revoke.
- 32:51Adjourn. Next week, take him.
- 32:55Your Honor, we can come back next week on the yes.
- 32:57I appreciate that. Oh.
- 32:58You better keep moving. I'll adjourn this out to the
- 33:0214th. Appreciate that, your Honor.
- 33:05Here's what I'm going to do. Because.
- 33:07I think they're going to. Devote all their.
- 33:08Resources there, and I don't have everybody in here courts
- 33:10going to stand in races. So yeah, he had to take a recess
- 33:15because all of his all of his staff had to go deal with that
- 33:20guy. So he had no security in the
- 33:23courtroom anyways, I thought you guys would appreciate that.
- 33:26So I thought I'd take us in the way back machine there for a
- 33:29moment. Let's let's get back into
- 33:33today's stuff and let's go. Let's go back to Judge Oakley.
- 33:37He's still on a roll at look. Good morning.
- 33:40OK. I don't know why they did that.
- 33:41She. Brought an Oceana brought it in.
- 33:44Her she she also brought a register of action for thousand.
- 33:46I think she thought it was no fuck.
- 33:48OK. OK.
- 33:50All right. Ma'am, did you discuss your or
- 33:52go over your rights? Yes, Sir.
- 33:53You understand those rights and the options they give you?
- 33:56And do you understand the possible penalty for no ballot
- 33:58operator's license on person up to 5 up to which means 0 to $500
- 34:03fines plus court cost and zero to 90 days in jail?
- 34:08I'm, I'm not putting you in jail on this.
- 34:13Now I, I will also say this when this hits your record, Secretary
- 34:17of State may re suspend you for 30 days because this is going to
- 34:21tell them that you were driving on N1 when they didn't watch it.
- 34:24Understood. So understanding all of that,
- 34:28are you pleading guilty to the added charge to them and are you
- 34:31doing so freely and voluntarily? Ma'am, did you drive a vehicle
- 34:34on November 1, 2018 in Romulus? You told.
- 34:37US. OK, if I if I told you, if I
- 34:41told you that's what the ticket said, would that ring a bell?
- 34:44All right. And at that time, was your
- 34:46license suspended, revoked or denied?
- 34:48Absolutely. Yeah.
- 34:49All right. Any reason to think that that
- 34:51information was inaccurate? OK.
- 34:54I'll accept your plea to the charge.
- 34:55Ma'am, are you working? Anthony, your.
- 34:59Honor, I just. Started a part time position.
- 35:01OK, where at? I went to Palmer Way here to me.
- 35:04OK, good, good. I'm working there part time and
- 35:09I have changed everything around.
- 35:11OK. Abuse involved?
- 35:13I mean it. How long you been clean?
- 35:17Good for you. How?
- 35:19What are you doing? Any recovery program?
- 35:22OK. What else?
- 35:23I also need treated for mental illness.
- 35:26OK. Seeing the publication.
- 35:27Psychiatrist. Good.
- 35:30Good. And the hence I started the job
- 35:34is. Yeah.
- 35:35Thanks for doing so. You quit self medicating.
- 35:38Yeah. Yeah.
- 35:39Good for you. Keep up the good work.
- 35:44All right? Keep up the good work. 78 days
- 35:47today. 978 days today. Who's counting?
- 35:53Yeah, good for you. Appreciate that.
- 35:56Can you say more than you can say?
- 35:58Two more things? I did not even I think the
- 36:01faith, I didn't even know about this.
- 36:03I didn't remember it was the musical because you were in all,
- 36:06you were in the mess. I'm in the mess.
- 36:08Yeah, I received the documentation in December, but I
- 36:10had a hip replacement I got. You in here.
- 36:13As soon as I go, I accept responsibility.
- 36:16I'm going to pay anything. Just please don't throw me at
- 36:18noon. I'm not going to throw you any
- 36:20deal. Here's what I'm going to do.
- 36:22Fines and costs are $750, which I'm suspending in light of your
- 36:26978 days. Clean.
- 36:29Go away. Have a lovely day.
- 36:31Good luck with the job. Yeah, good luck with the job.
- 36:34You as well. Sure.
- 36:36And he's muted himself. Okie, Dokie, let's go to let's
- 36:41go to Florida. Do our morning check in with
- 36:43Wade Mercer. Miss Myrick.
- 36:46There is probable cause in the complaint, ma'am.
- 36:49Miss Myrick, the criminal history I've got shows no prior
- 36:53history. Have you ever been arrested or
- 36:55charged with a crime before, ma'am?
- 36:57No, Sir. Great.
- 36:59That's that's that's great. Miss Mark, listen to Mr.
- 37:01McDaniel and Mr. Bale, and then we'll address your bond or your
- 37:04release status. Mr. McDaniel, anything, just ask
- 37:07for a condition release. Your Honor.
- 37:09Thank you, Mr. Bale. Just ask for a reasonable
- 37:13monetary bond and with no contact with the property which
- 37:18is Rent-a-center. I'm asking for your post, a
- 37:21conditional lease, what you're saying?
- 37:23We're not. Opposed.
- 37:25We'll leave it up to the court. Yeah.
- 37:28Miss Mart, with that history, I'm going to give you a
- 37:30conditional lease ma'am option so you can pick from the bond in
- 37:33the conditional lease. Some people actually prefer a
- 37:36bond. Your bond in your case will be
- 37:37$2500 cash or surety. But I'm going to offer you a
- 37:41conditional lease because your lack of any history, ma'am, you
- 37:43would have the standard conditions of release and either
- 37:47way you would have a condition no contact with that rental
- 37:49agency or that rental company that you allegedly rented this
- 37:52property from. I think it was Rent-A-Center it.
- 37:54Was Shawna. That would be the company you
- 37:56can have no contact with. So, Miss Meyer, do you
- 37:59understand your choice between the bond and the release, ma'am?
- 38:02Yes, Sir. And you prefer the conditional
- 38:04release or would you prefer to close the bond?
- 38:08Conditional release. All right, I'm going to grant
- 38:11you a conditional release. The jail is going to.
- 38:13They're going to let you get dressed in your regular clothes.
- 38:16They're going to bring you to the courthouse because that's
- 38:18where the conditional lease officers are at.
- 38:19You'll meet with Mr. Goodson or Mr. Ham when you get here.
- 38:22I know that we have a mock trial this morning.
- 38:24What time you need her bra, Mr. Goodson?
- 38:26You want to bra at normal time or what do you want to do?
- 38:29Yeah, we. We're short of conditional lease
- 38:31officer this morning, Corporal, so instead of bringing her, we
- 38:35probably need to go back to the old way we used to do it.
- 38:37Can you bring her to 11:00, Corporal?
- 38:40Yes, I can. Thank you.
- 38:41So let me talk to your sister. So she'll be downstairs about
- 38:4511:00. The jail will bring her up here.
- 38:47She'll meet with the conditional release officer, They'll go over
- 38:49the release with her. They'll give her a chance to ask
- 38:51any questions. They give her all the rules in
- 38:52writing and then she's free to go.
- 38:54If someone going to someone going to pick her up about 11.
- 38:57So your sister says they got transportation covered for you.
- 39:00So someone will be here to pick you up, Miss Myrick, about
- 39:0211:00. And the other thing the jail
- 39:05will do is they're also going to give you a written notice for
- 39:07your next court date, which will be June 2nd at 8:30.
- 39:10That'll be in the circuit courtroom.
- 39:12And they'll give you that notice before you leave the jail.
- 39:14Miss Myrick, do you have any questions?
- 39:16No, Sir. The courtroom, any questions?
- 39:19Do you have any questions? All right, Miss Myrick, wish you
- 39:22the best. Thank you.
- 39:26We have Kendrell Brown next. Brown.
- 39:29Good morning. Mr. Brown.
- 39:30You're here because you've been accused of one kind of battery
- 39:32on a law enforcement officer. Mr. Brown, there is probable
- 39:35cause for the charge, although it's a unique, unique fact
- 39:39pattern alleged. Mr. Brown, I think you're
- 39:42entitled to a bond. I think you also just got
- 39:44released from from jail, I believe.
- 39:46So. Let me listen to the attorneys
- 39:47and I'm going to address your bond status.
- 39:49Mr. McDaniel, Anything Mr. Mitchell or Mr. Bell?
- 39:55You know, we would just be requesting A monetary bond and
- 39:58no contact with the big and little.
- 40:02Mr. Brown did get out of jail, I believe about two weeks ago.
- 40:05Is there a he? Was trespassed.
- 40:08For so there's a trespass warning there.
- 40:09So he, the big Little is not actually the victim in the
- 40:12criminal case. The victim be the law
- 40:14enforcement officer. OK.
- 40:17So, Mr. Brown, what I'm going to do is I'm going to set your bond
- 40:20of $7500 cash or surety. You do have a condition, no
- 40:23contact with that business. I'll start with this allegedly
- 40:26occurred because they've already asked for trespass.
- 40:28One of you can't go back there. Mr. Brown, the jail will give
- 40:31you a notice for your next court date, which should be June the
- 40:332nd at 8:30. And Mr. Brown, you will get a
- 40:36chance to use the phone in just a few minutes, Sir, to try to
- 40:39post the bond. Mr. Brown, do you have any
- 40:41questions? No questions.
- 40:43Have a good day, Christopher Sanders.
- 40:47Mr. Sanders. Good morning.
- 40:48Mr. Sanders, You're here because you've been accused of multiple
- 40:51charges. Let me tell you what you've been
- 40:52accused of. Two counts of possession of
- 40:56firearm by convicted felon. 1 Count of possession of
- 40:59ammunition by convicted felon. 1 count of possession of a OR
- 41:04Actually, it's not possession that's that's misnamed. 1 Count
- 41:07of displaying or carrying a concealed firearm during the
- 41:10Commission of a felony. Those are all second degree
- 41:13felonies. Then you have tampering with
- 41:15physical evidence of third degree felony, possession of
- 41:18meth and possession of cocaine, both third degree felonies, and
- 41:21resisting a law enforcement officer without violence.
- 41:24That's a misdemeanor. So you have a total of eight
- 41:26charges, 1 misdemeanor and seven felonies.
- 41:29There is probable cause for all 8 charges.
- 41:31I did take a look at your criminal history and it appears
- 41:34you've been to prison 10 times getting out most recently in
- 41:372019. Obviously that's going to affect
- 41:40your bond. Mr. Sanders.
- 41:41I'm going to listen to the attorneys and I'm going to set
- 41:43your bond in these cases. Mr. McDaniel, anything on behalf
- 41:46of Mr. Sanders, Mr. Bell, your. Honor, given the defendant's
- 41:54criminal history and the charges of nature, we request a higher
- 41:57bond and also the he be subject to random your analysis.
- 42:02Thank you. So, Mr. Sanders, I want to set
- 42:04your bond at $25,000 each on your second good felonies.
- 42:07You have four of those? Yeah, you have four of those.
- 42:12The third of your felonies, the tampering, the two controlled
- 42:15substances, those 3 will be $10,000 each and then $5000 on
- 42:19the misdemeanor. When you add those together, you
- 42:21get a total bond of $135,000. If my math is right, $135,000
- 42:28bond cash or sure. Do you do have a condition of
- 42:30random ear analysis, Mr. Sanders?
- 42:32That means you could be drug tested if and when you do
- 42:34postpone? Mr. Sanders, you also will be
- 42:37given a notice for your court date.
- 42:39Your court date will be June 2nd at 8:30.
- 42:42Mr. Sanders, do you have any questions, Sir?
- 42:44I have Sir, I have a concern of. The.
- 42:48Marriage of the incident, it's not my, it's not my vehicle.
- 42:55OK. I wouldn't talk about the charge
- 42:57that you're accused of, but the allegations are that you had
- 43:02firearms in the vehicle and that you actually took one of the
- 43:04firearms out and got out of the car with you when the officer,
- 43:07it could have been a lot worse situation from where the
- 43:09complaint reads that they told you to leave the vehicle, the
- 43:12firearms in the car, and according to the complaint, you
- 43:14got out with one of the firearms in your hand.
- 43:17And the officers, I don't know if they had their weapons drawn
- 43:21or not. They probably did.
- 43:23And then you threw it across the road, allegedly so.
- 43:26Whose? Whose vehicle it was is a minor
- 43:28part of this. You've got you've got some very
- 43:29serious charges. Do you have any questions, Sir?
- 43:35So my bond is except for 137,100 and $35,000 bond for the 8
- 43:41charges you have. Yes Sir.
- 43:47John Wilson. Mr. Wilson.
- 43:49Good morning. Mr. Wilson.
- 43:50I. Think you were held?
- 43:51Seven days for Marion County to see if they're going to file a
- 43:53violation of probation. I looked in the file this
- 43:55morning in Marion County and I see no affidavit filed and no
- 43:59warrant filed. Mr. Mitchell or Mr. Bell, do you
- 44:02agree? I agree.
- 44:04So, Mr. Wilson, I'm going to release that hold for Marion
- 44:08County that this doesn't mean they won't violate your
- 44:10probation. You had a recent violation, the
- 44:12probation within the last month that may be playing into this.
- 44:16I I don't know. But right now there's no warrant
- 44:19for you, so I'm not going to continue to hold you.
- 44:21Mr. Mr. Wilson, you have the right to post the bond that was
- 44:24set for you. If you post the bond that was
- 44:26set, you'll be released. Mr. Wilson, do you have any
- 44:28questions? No, Sir.
- 44:30Have a good day, Sir. We have Markim Romeus Ramez.
- 44:35Good morning, Sir. You're here because you've been
- 44:37accused of 1 count of burglary of a structure dwelling causing
- 44:41damage in excess of $1000, Grand Theft between 750 and $5000.
- 44:47Those are the two charges you have.
- 44:49There is probable cause in the complaint.
- 44:51I've also looked at your criminal history, which you got
- 44:53a couple of charges. It's not horrible criminal
- 44:56history, but you got a very serious charge.
- 44:58One of these is a first degree felony, that that burglary
- 45:01charge is a first degree felony. So it's a very serious charge.
- 45:04I think you're entitled to a bond, as far as I can tell.
- 45:07Let me see if the attorneys have any additional information
- 45:09before I set that bond. Mr. McDaniel.
- 45:10Anything. Nothing.
- 45:12I'll just take into account, Mr. Majesty.
- 45:15Thank you, Mr. Bell. Yeah, we'll just be requesting a
- 45:20reasonable bond, no contact with the property.
- 45:23Thank you. So Mr. May, it's almost, I
- 45:25usually set up $50,000 bond on 1st degree felonies.
- 45:27That's what I'm going to do. In your case, your bonds going
- 45:29to be $50,000 on the burglary, $5000 on the Grand Theft.
- 45:33Your total bond is $55,000 cash or surety.
- 45:37You have a condition of absolutely no contact with that
- 45:39property that you're accused of burglarizing.
- 45:41You cannot go to that particular pharmacy that you're accused of.
- 45:44Mr. Ramez, you'll get a chance to use the phone in a few
- 45:46minutes, Sir. If you post the bond, you'll be
- 45:47released. You also will be given notice
- 45:50for your court date. We should be June 2nd at 8:30.
- 45:52Do you have any questions, Sir? All right.
- 45:56Have a good day, Sir. Next is Christopher Bell.
- 46:02Mr. Bell. Good morning.
- 46:03Mr. Bell. You have the same charges as
- 46:05your Co defendant. You're charged with one count of
- 46:07burglary with dwelling or structure causing damage in
- 46:10excess of $1000, one count of Grand Theft between 7:50 and
- 46:145000 now. Corporal.
- 46:17In the packet, there's a hold sentenced to.
- 46:20Prison. Kilmore County State shows been
- 46:23sentenced Department of Corrections, but there's no hold
- 46:25on the jail sheet. I'll make sure y'all have that.
- 46:28Yes, Sir, we got, I'll put it over to the side on the
- 46:31document. I do see it over there.
- 46:34It's on the far right. Thank you.
- 46:36So Mr. Bell, you do have a hold from Department of Corrections.
- 46:38I think you've entered A plea and been sentenced to three
- 46:40years is what it looked like when I open that up.
- 46:42So just be aware of that. You're still entitled to a bond
- 46:45here. There's no point in posting it
- 46:47unless you just want to go on the DOC.
- 46:49If you post bond here, you go to DOC, but you're entitled to
- 46:52bond. So I'm going to set you one.
- 46:53Mr. Anything on behalf of Mr. Bell.
- 46:56No, Your Honor, Mr. Mr. Bell, anything on on behalf of the
- 47:01state. Your Honor, we would just be
- 47:03requesting, I mean, I it's a formality at this point, but no
- 47:06contact with the property given his DOC sentence.
- 47:09So Mr. Bell, your criminal history is is much worse than
- 47:12Mr. Rome. Is your bonds going to be
- 47:13$75,000 on the burglary, $10,000 on the Grand Theft?
- 47:17Your bond in Jackson County is $85,000.
- 47:19You do have a condition no contact with the property that
- 47:21was allegedly burglarized. Mr. Bell, do you have any
- 47:24questions, Sir? June 2nd will be your court date
- 47:27at 8:30. I looked at it and I'm pretty
- 47:31sure it is because I put it in this.
- 47:35Let's double check. That's the way it is on the
- 47:39warrant, too. Yeah, it's Christopher, not
- 47:42Christopher, is it? We have Lloyd Lukidis, ma'am.
- 47:49Good morning. You're here because you have two
- 47:51out of county warrants. I think they're both violation
- 47:53of probation warrants and they both have no Bond Mountain,
- 47:56ma'am. So what's going to happen is
- 47:58you'll go to either Washington County or Calhoun County next
- 48:00and see if you can resolve this and if they other counties still
- 48:03has a war on you when you get through the first county, you'll
- 48:05then go to the second one, but both counties have no bond
- 48:08warrants. Do you have any questions,
- 48:09ma'am? No, Sir.
- 48:11All right, ma'am, wish you the best.
- 48:12Thank you. Yes, ma'am, We have Tiffany
- 48:15Eubanks. Eubanks, good morning.
- 48:19You're here because you've been accused of two counts of
- 48:22uttering, one count of Grand Theft and then there are two
- 48:26charges that are left off of the jail sheet.
- 48:29Mr. Corporal, there's a complaint in here when she they
- 48:33serve these warrants. Yesterday there was a
- 48:35possession. Actually, I don't think there
- 48:37are warrants and they made the probable cause arrest yesterday.
- 48:41They had a separate complaint in the packet that y'all sent me
- 48:44for possession of meth and possession drug paraphernalia.
- 48:47So you actually have 5 charges, 2 utterings, 1 Grand Theft, one
- 48:52meth and one paraphernalia. Three of those are four of those
- 48:55are felonies and one's a misdemeanor.
- 48:57So the jail sheets wrong. Mr. McDaniel, Miss Eubanks, I
- 49:01did take a look at your criminal history which was perfect before
- 49:04this. What I've been provided shows no
- 49:06prior criminal history, I think. Let me check and see.
- 49:10There was a drug paraphernalia that this one.
- 49:13That's this one. Yeah.
- 49:14I showed nothing before this. So I think you're entitled to a
- 49:17bond. Miss Eubanks.
- 49:18I'm going to listen to to the attorneys before I set that
- 49:21bond. Mr. McDaniel, anything on behalf
- 49:23of Miss Eubanks. Thank you, Mr. Bell.
- 49:28I was going to make a let the court know that there are two
- 49:33misdemeanor review cases stemming from her involvement
- 49:35with the other Eubanks is that we have seen also.
- 49:40I just want to bring it to the court's attention, but as it
- 49:43pertains to the five charges she has today, we're requesting no
- 49:47contact, obviously, and random U as.
- 49:51Thank you. So Miss Eubanks, I'm going to
- 49:53set your bond at $5000 each on your felony, felony charges.
- 49:56There are four of those $2500 on your misdemeanor paraphernalia,
- 50:00ma'am. That makes your total bond be
- 50:02$22,500 cash for surety. You have a condition of random
- 50:08urinalysis and you also have a condition no contact with the
- 50:10alleged victim in the uttering case in the uttering and Grand
- 50:14Theft case. Miss Eubanks, do you have the
- 50:16right to use the phone in a few minutes to try to post the bond?
- 50:20And Miss Eubanks, you also, ma'am, will be given a notice
- 50:23from the jail for your court date which will be June 2nd at
- 50:258:30. Miss Eubanks do you have any
- 50:27questions? Just.
- 50:30Doing the what was the total amount again?
- 50:3222/5. Nothing else.
- 50:36Mike Murphy. Or the review.
- 50:38Or the additional two met possession of meth and
- 50:40possession of paraphernalia. Miss Mr. Murphy, good morning.
- 50:44So State versus Mike Murphy. Mr. Murphy, you're here for a
- 50:46new charge of trespassing. Mr. Murphy, there is probable
- 50:49cause in this complaint. You're already on probation for
- 50:53a separate trespassing. So this morning, the probation
- 50:55office filed an affidavit of violation of probation.
- 50:59I signed a no bond warrant. So we need to get that warrant
- 51:01served on you first so we can get the warrant out of the
- 51:03system. So please listen to Sergeant
- 51:05Applewhite. Mr. Murphy, let's get this
- 51:07warrant served and then we're going to try to deal with these
- 51:09cases. Mr. Sergeant Applewhite.
- 51:11Thank you. Your Honor, this is Sergeant
- 51:13Gary Applewhite with the Jackson County Sheriff's Office.
- 51:16Are you Mike Murphy? Yes.
- 51:18Is your date of birth October 24th of 52?
- 51:22Yes, Sir. Mr. Murphy, I have in my hand a
- 51:26copy of the rest warrant that has been issued to you for
- 51:30violation of county probation. Understand that this warrant is
- 51:34now served on you and a copy of this warrant will be provided to
- 51:37you before the end of Business Today.
- 51:40Thank you. So that's the reason we do it
- 51:42that way, Mr. Murphy is I don't want you getting picked up two
- 51:45or three or four or six months from now on the old warrant.
- 51:47So we we did that just to get that warrant served and out of
- 51:50the system. So you're accused of violation
- 51:52of county probation and you're accused of your new trespass.
- 51:54I'm appointing the public center's office to represent
- 51:56you. Please listen to Mr. McDaniel,
- 51:58your attorney. I spoke to Mr. Murphy, he's
- 52:00going to have no contest or charges listed and admit the
- 52:03violation of probation in 25452. MMM understanding he'll be since
- 52:07the four months the county jail will be a $370 fine new case
- 52:10remaining fine note in the old case one day jail credit.
- 52:13This will resolve this case. He signed this two everyone
- 52:15waivers right to three trials and call.
- 52:17Witnesses. All run.
- 52:17Confirmed. Thank you, Mr. Goodson.
- 52:21And a fine balance on his violation of probation is
- 52:25$290.00. 290 And Mr. Bell, is that all agreeable with the
- 52:29state? It is your honor.
- 52:30And Mr. Murphy, did you hear that agreement, Sir?
- 52:33Pardon. Did you hear that agreement, Mr.
- 52:34Murphy? Yes.
- 52:36And Mr. Murphy, is that the plea you would like to enter?
- 52:38Pardon. Four months.
- 52:40Say yes, yes. OK.
- 52:43Do you have any questions, Mr. Murphy?
- 52:45Mr. Murphy? Mr. Murphy, do you have any
- 52:46questions? Any questions?
- 52:49No, Your Honor. OK, Mr. Murphy, I'm going to
- 52:52accept your plea of no contest to the charge of trespass and
- 52:55the new charge. I'm also going to accept your
- 52:57admission that to violate the terms and conditions of your
- 52:59probation and revoke that probation.
- 53:01Both sentences will be the same. Four months in a county jail,
- 53:04adjudicate guilty concurrent with each other, 370 court costs
- 53:08and fines, and the old case you have 290 left.
- 53:10So that's the total court costs and fines.
- 53:12You have credit for one day served on both cases.
- 53:15Those will be reduced to a civil judgement if you don't get them
- 53:18worked off at the jail. So Mr. Murphy, you have a total
- 53:20of four months, but hopefully you'll get you some game time
- 53:23for the trustee program and not serve that whole time.
- 53:26Mr. Murphy, do you have any questions?
- 53:29Your Honor. Wish you the best, Sir.
- 53:32Mr. McDaniel, I think that's it for Public Defenders for first
- 53:35appearances, unless I miss something, anything else from
- 53:37the Public Defenders office. You're muted.
- 53:40I think you're muted still. Oh.
- 53:42You're not. And Corporal, anything else from
- 53:44the jail? No, Sir, Mr. Bell from the
- 53:48State. No, Your Honor.
- 53:50Mr. McDaniel, I know that you you have something after this
- 53:53because you're not able to do the mock trial thing.
- 53:56What time does that start, Mr. McDaniel?
- 53:58I got to go do so. All right, Anyways, that takes
- 54:02care of that court. Let's go up to let's go to
- 54:08Michigan. Judge Elmore, see what's.
- 54:11Good morning and welcome to the 28th Circuit Court here in
- 54:13Westford County. And we begin today's doctor call
- 54:17by taking up the case of People, the State of Michigan versus
- 54:20Michael Joseph Cowett. This is file #26-14185 Dash.
- 54:28FC. Appearances from Council please.
- 54:31Good morning, Your Honor, you're in house on behalf of people.
- 54:33Thank you. Thank you, Honor Taylor.
- 54:36And, and if you're on behalf of the defendant who is making his
- 54:39way from the jail area? All right.
- 54:43Thank you very much. Mr. Callaway is now being
- 54:45escorted. Here in the courtroom.
- 54:47And is. Now.
- 54:49Seated at the defense table, we are here today.
- 54:53For. Two issues, at least initially.
- 54:57The first one. Is a a.
- 55:02Final pre trial conference This case is currently set for trial
- 55:07on May 26th if I recall, or at least to.
- 55:12Begin on that date. And we also have a bond motion
- 55:18by the defence. Oh, wait, hold on.
- 55:20No. Actually, I know we would like
- 55:21to motion on the record today, Your Honor.
- 55:23I was reading. The other line above it, but I
- 55:25know we've got a motion for that today as well.
- 55:28So let's first cover the final pretrial conference portion.
- 55:33I met briefly with the council and Chambers.
- 55:37I know there was some other talk going on.
- 55:40Miss Ribento, do we have any resolution to enter in the
- 55:43record today? No, you're there was a offer
- 55:47that wasn't over. I reviewed it with my client.
- 55:49My client is rejecting it. That offer would be to.
- 55:53Essentially plead guilty to two counts of CSE first and two
- 55:55counts of CSE second. There was some other
- 55:59considerations there for sentencing.
- 56:01If my client is a hard no on that, we would like to proceed
- 56:04to trial on the 26th and I know we have to address the issue of
- 56:07the prosecutor's new motion that was filed and was on.
- 56:09Tuesday. All right, well, let's take a
- 56:11look at it now. I don't think the people.
- 56:13Filed a motion. I'm sorry.
- 56:15Notice. I got it.
- 56:16But they did file. A.
- 56:18Notice of intent to present evidence at the trial pursuant
- 56:23to MCL 768.27. B.
- 56:27When we were last on the record, I think we were.
- 56:33Yeah, we. See when we were here for the
- 56:35motion on the expert witness, if I recall, and we talked about
- 56:43government let us know that there might be some reason to
- 56:46extend it out as they were continuing to conduct
- 56:48investigation or at least where law enforcement officers were.
- 56:52I said, well, we're not going to adjust any dates now because I
- 56:55wanted to keep the pressure on law enforcement's too complete
- 56:58their investigation. This motion, not motion, but
- 57:02information that was filed on May 6th, as far as I know it's a
- 57:07culmination of that investigation placing the
- 57:09people, placing the defendant defense counsel on notice of
- 57:15details. So next question becomes what do
- 57:21we do? Do we?
- 57:23Is there going to be a motion? Eliminate filed by the defense.
- 57:27That. You might.
- 57:29Sorry, I just Linda here. When you go by which really
- 57:34would be a motion eliminate, eliminate by the defense.
- 57:38So we can call it a response, but really it's a motion to be
- 57:41filed by the defense. So does the defense like to file
- 57:45and have a hearing on the admissibility of that evidence?
- 57:49Yes, Your Honor. And I could get that in I
- 57:51believe by Tuesday of next week. There is some stuff in there
- 57:55that's new, but a lot of it is things that we expected already
- 57:58and it's similar to what was back at the planar exam, OK.
- 58:01Thank you. All right.
- 58:03Well, I know next week I am in Lansing on Thursday and I am on
- 58:11a semi vacation on Friday and the following Monday, Tuesday
- 58:17and Wednesday. So I know we're going to have
- 58:21some limited time as a hearing and that's going to take next
- 58:25Friday would be the 15th. So we know we're pushing into
- 58:31toward the end of May 1 moment. Yeah.
- 58:35So unless we have a hearing on Wednesday the 13th next week,
- 58:41which I believe I have quite a bit of availability.
- 58:45The other is, is now we're pushing the hearing into the
- 58:50last week of May, which is when the trial is currently
- 58:53scheduled. All right, so.
- 58:56I'm going to turn it over to Miss House.
- 58:57Miss House, you do you and I, sorry.
- 58:59We all spoke in chambers about some availability of witnesses
- 59:04and potentially a request to adjourn by the defense.
- 59:08During the trial, I mean. Not by the defense, by the
- 59:10people. I'm sorry by.
- 59:11The people, thank you. I have all this.
- 59:13Go ahead and miss, your honor. The notice that I filed is
- 59:17lengthy. It's 34 pages long.
- 59:19It goes into very specific detail about prior acts of
- 59:23domestic violence that the People intend to present
- 59:26evidence of, that the defendant started committing, excuse me,
- 59:29in 2003 to 2008 with the mother of three of his children and
- 59:34then between 2010 and 2019 with the mother of the victim in this
- 59:39case. So 768.27 B allows for admission
- 59:43of domestic violence evidence in sexual assault trials and sexual
- 59:47assault evidence in domestic violence trials.
- 59:50But that is a little more unusual than sometimes when we
- 59:52admit domestic violence evidence in a domestic violence trial and
- 59:57such as that. So I certainly want to make sure
- 1:00:00that we're protecting all of the defendants rights in the
- 1:00:02situation, so. While it's not an automatic
- 1:00:06admissibility, the court is still required under 768 to do a
- 1:00:10four O 3 analysis. So therefore it almost requires
- 1:00:14or demands the court to review that.
- 1:00:16All right, yes. So there are those issues.
- 1:00:18And then obviously, whatever the result is of the court's
- 1:00:21decision in terms of whether all of this evidence, some of this
- 1:00:24evidence, none of this evidence will be admissible.
- 1:00:27The trial is also going to probably impact both the
- 1:00:30defendant's decisions about whether he wants to accept the
- 1:00:33offer or go to trial as well as it could affect whether the
- 1:00:36people want to make a different offer at that point.
- 1:00:38So my concern about pushing this so close to the trial is that I
- 1:00:42don't know that it leaves enough time for all of that to occur.
- 1:00:46I also am not sure whether this court is going to want all of
- 1:00:48our other acts witnesses to appear and testify.
- 1:00:52Is that an evidentiary hearing or is it simply a hearing where
- 1:00:56I as an officer, the court, make an offer of proof about what I
- 1:00:59believe that these people are going to testify to that may
- 1:01:01impact how much time we need to be able to conduct that.
- 1:01:05So I just have a concern that to thoroughly address this to make
- 1:01:09sure that we are, you know, not proceeding to trial on anything
- 1:01:11that we shouldn't, that we protect the defendants rights.
- 1:01:14It just doesn't seem to make sense to me that we're going to
- 1:01:16be able to get all that done in a meaningful way and then
- 1:01:19afterwards negotiate before a trial that starts on the 26th.
- 1:01:23All right. As.
- 1:01:25Far as it evidentiary hearing, it's up to.
- 1:01:27The people. As to how they present that
- 1:01:29evidence, it could be by an officer of the court.
- 1:01:34However, I would say it would should be something more than
- 1:01:37that because I think I need to have some evidence to be able to
- 1:01:41consider it. That could then come either
- 1:01:44through a live witness testimony or other things such as police
- 1:01:51reports, recordings of interviews, things like that.
- 1:01:56Whatever the but that's all up to the people.
- 1:01:58I'm not going to tell them how to present it, but and then if
- 1:02:03the defense wishes to have other both witnesses here, that can be
- 1:02:07something you all take care of. All right.
- 1:02:10So we I'll also note that this and added, we're sorry, were
- 1:02:14these witnesses added to the witness list?
- 1:02:17Yes, they have been, Your Honor. All right.
- 1:02:20Were they added within 28 days of the trial date or were they
- 1:02:24added when you submitted the notice?
- 1:02:26They were actually, I filed the new witness list this morning
- 1:02:30and it doesn't include these new witnesses.
- 1:02:32Some of them were on a witness list that we had before.
- 1:02:36I think it's just the new witness CVS who we didn't know
- 1:02:42about before. All right, So that means we are
- 1:02:46within the 6 to 28 days of trial.
- 1:02:50So I assume therefore the people are requesting or motion in the
- 1:02:54court to permit the additional witnesses outside of that 28
- 1:02:57days. Yes, All right, thank you.
- 1:03:00Yes, ma'am, I was. Going to say we are not within
- 1:03:02the rule for the 28 days and we would in fact for CVS.
- 1:03:06As for Miss Barkley, again she testimony she her testimony was
- 1:03:10at the preliminary exam. I wouldn't say that this is
- 1:03:13necessarily a surprise that this is being filed.
- 1:03:17That said, I would emphasize the fact that there have been prior
- 1:03:22requests by the people to adjourn that may trial date and
- 1:03:25my client has refused. My client wants his day in
- 1:03:28court. He's demanded his right to jury
- 1:03:30trial. The fact that this is being
- 1:03:32filed, well, it's within the 15 days.
- 1:03:34It feels with this additional evidence from CBS, which again
- 1:03:38could have been obtained at any other point, we're almost 180
- 1:03:41days for speedy trial. It it feels like a backdoor
- 1:03:44attempt to try to strong arm my client into an adjournment
- 1:03:49because the people are not prepared for trial, instead of
- 1:03:53being an actual legitimate attempt to bring in 2017.
- 1:03:58Thank you. And just to be clear, this new
- 1:04:01witness was interviewed the week prior.
- 1:04:05I didn't receive the report until 7:00 PM on Tuesday night
- 1:04:11and then I completed directly on motion on filed at I think 11:30
- 1:04:15AM the next day. So I did the best that I put on
- 1:04:17that. But I don't have control over
- 1:04:19when she got interviewed and there was a delay in getting the
- 1:04:21report to me. First of all, the the argument
- 1:04:27here against the modification of the witness list, which is
- 1:04:32really the question, is somewhat circular.
- 1:04:37It. Wasn't an unfair surprise.
- 1:04:40Therefore there is no unfair prejudice and everybody knew
- 1:04:46about it, but they were just getting the statements.
- 1:04:48Now, the alternative could have been and maybe the defense.
- 1:04:52Would. Have liked it or probably not
- 1:04:56liked it. Gone to trial without a
- 1:05:00statement. They don't have to go get police
- 1:05:04statements or interviews of a witness.
- 1:05:06They can just list witnesses and never have a report statement,
- 1:05:11which probably defense attorney wouldn't want.
- 1:05:15You'd probably want that statement right to prepare to
- 1:05:20cross examine a witness. Your Honor, I think there is
- 1:05:23some confusion. There were two witnesses listed
- 1:05:26in the notice. One is Miss Barkley, who we have
- 1:05:29known about since prelim and who testified at prelim and who had
- 1:05:31statements from her at prelim. The other is CVS who is newly
- 1:05:34disclosed. So if the question is unfair
- 1:05:36surprises to CVS, very likely that could be an argument.
- 1:05:40But again, we're going to catch 22 because there is no reason
- 1:05:43that people could not have interviewed CVS way before we
- 1:05:47were close to 180 day mark. Why are we wait?
- 1:05:50I, I understand the situation. There's no reason this notice
- 1:05:52couldn't have been filed sooner. It's been the.
- 1:05:55OK, I'm sorry. Go ahead.
- 1:05:56This is fence isn't a catch 22 because if we agree to the
- 1:06:01adjournment, my client is sitting here, his wife is due to
- 1:06:04give birth to their child any day and she's having medical
- 1:06:06complications. On the other hand, we don't go
- 1:06:09for it on the 26th or I'm sorry, we do go for it on the 26th and
- 1:06:13we're potentially at this disadvantage.
- 1:06:14I've talked to my client about the pros and cons.
- 1:06:17He wants to go for it on the 26th.
- 1:06:18He doesn't want this further delayed.
- 1:06:20He claims he is in a sense, and at the end of the day the
- 1:06:23evidence is it's a pure, he said, she said type of case.
- 1:06:26OK, All right. So let's go back to it.
- 1:06:29The fact is, is that am I correct?
- 1:06:32We you've all known about CVS for a while.
- 1:06:35Not CVS. We've known about this part.
- 1:06:37We've. Known about TV?
- 1:06:39We've not known about CVS. So how?
- 1:06:41Is there evidence to suggest that the prosecution was not
- 1:06:45exercising due diligence to get CVS?
- 1:06:49If nobody knew about CVS until recently, the.
- 1:06:52Defense didn't know. About the prosecution.
- 1:06:55I don't know when the prosecutor found out about CBS.
- 1:06:57Well, that's got to be the argument.
- 1:06:58The argument to say that you feel like this.
- 1:07:00Is. A back door or some kind of
- 1:07:02tactical advantage or disadvantage.
- 1:07:05There's no evidence that it is an intentional.
- 1:07:08Or. Negligent.
- 1:07:09Delay and. Finding something out.
- 1:07:13So. I don't understand.
- 1:07:16That would be a question from this House when she learned
- 1:07:18about CBS. But she just got the report.
- 1:07:23Now keep in mind the other point here is you could have just
- 1:07:30added the one time. When did you add it to the
- 1:07:32witness list? Well, I.
- 1:07:34I just added it today, waiting for the court to rule whether
- 1:07:37she could or couldn't testify, but then I thought I'd better
- 1:07:39just add her presumptively. Yeah, well, this is one of those
- 1:07:44instances where if I say what I think, which I think I'm
- 1:07:50required to because I need to establish the reasoning of my
- 1:07:54ruling, somewhere down the road somebody who is sitting at Sato
- 1:07:59was going to go, Oh my gosh. And his ruling, he gave legal
- 1:08:04advice. Now, I'm not trying to give
- 1:08:06legal advice and I'm not trying to be injudicious.
- 1:08:09Let's think about this. Let's say I don't allow CBSI
- 1:08:13highly suspect that Miss Fioravento is going to cross
- 1:08:17examine witnesses. Then does that.
- 1:08:21Become the CBS, become relevant and remodel.
- 1:08:24I also don't know what witnesses the defense is going to present.
- 1:08:28Are they going to present any witness that might say that the
- 1:08:31defendant would never do this? If they did, it becomes rebuttal
- 1:08:38evidence. You open the door now for you
- 1:08:41all to probably make an educated decision about what questions to
- 1:08:44ask and not ask specifically on the defense.
- 1:08:47It seems like you would want to have the police report.
- 1:08:51So they had to have time to gather the information to be
- 1:08:55able to get the police report. Now Miss House would have had
- 1:08:59the out, would have had the choice a week or two weeks ago
- 1:09:03to just add the witness to the witness list and I would have
- 1:09:06approved. It if it was within.
- 1:09:08That outs. You know, within the 28 day rule
- 1:09:11and she didn't have to go get it, but she went out and got the
- 1:09:14report, which helps the defense be prepared.
- 1:09:17Therefore, I find that there is no unfair practice or surprise.
- 1:09:23In fact, it's quite helpful to both sides in establishing their
- 1:09:29cases in chief, both the direct and the cross examination.
- 1:09:34Therefore, the court grants the oral motion to add amend the
- 1:09:39witness list outside the 28 days.
- 1:09:42OK. Now the next question is about
- 1:09:45adjourning the trial. I believe we talked about and
- 1:09:48that's to be and I don't remember if you've already
- 1:09:50raised that Miss House, you may raise it.
- 1:09:53Yes, Your Honor. So I guess I didn't say the
- 1:09:55specific words, but. I could remember.
- 1:09:58Yeah, due to the timing of this, I'm just saying that I'm
- 1:10:01concerned for protecting our appellate record that we not
- 1:10:04rushed through something that could be that this is very
- 1:10:07significant evidence. If this comes in at trial, this
- 1:10:09is going to be incredibly damning to the defendant.
- 1:10:12We want to make sure that we only let in what's appropriate,
- 1:10:14what the court deems to be appropriate.
- 1:10:16The court's going to need to make a ruling about whether
- 1:10:18evidence going as far back as 2003 can come in.
- 1:10:21If I need to have all these people testify, I will need some
- 1:10:25time to find out when they're available.
- 1:10:27And to do that, if the court instead wants to review recorded
- 1:10:31interviews that we probably have, that's all, I would
- 1:10:33imagine it's like 8 hours of recorded interviews.
- 1:10:35It's all up to you and how you all presented to whether it's in
- 1:10:39an interview and let's say for example, you were just to
- 1:10:42provide to the court a police report or even just the witness
- 1:10:46of the officer who investigated it.
- 1:10:51I would expect the defense to maybe object.
- 1:10:53So it might be that I need to look at the actual interviews.
- 1:10:57That's all up to you all. I'm just sitting here waiting to
- 1:11:00call the balls and strikes. OK, Mr. Evento your.
- 1:11:03Response as to the. Request to adjourn the trial
- 1:11:06date. Thank your honor.
- 1:11:07We're going to object. And before going on the record
- 1:11:09today, I did talk to my client about the pros and cons of
- 1:11:12objecting in light of this 27 B. He's going to catch 22.
- 1:11:18And I've mentioned this already. On the one hand, if he agrees to
- 1:11:21this adjournment, he continues to sit in jail.
- 1:11:24His wife is due to have a baby any day in a complicated
- 1:11:27pregnancy situation, and he's here away from all of that, and
- 1:11:31he's already close to his 180 days.
- 1:11:34On the other hand, I understand the Court's concerns.
- 1:11:37When does when does his 180 days run?
- 1:11:40I have that he's at 150 days from his bond date as of today,
- 1:11:43but I believe he was picked up an extra day before that.
- 1:11:45If I may, what was the date to picture?
- 1:11:47Again, the 18th. November by 170 days today.
- 1:11:50He he says he was picked up on the 18th of November and I'll
- 1:11:53run a calculator on that. According.
- 1:11:55To the 19th of. November.
- 1:11:57I'm sorry. Sir, can you hold on?
- 1:12:00According to. The.
- 1:12:02Register of Actions from the Disk report.
- 1:12:07He wasn't arrested until December 8th.
- 1:12:12Where was he between November 19th and December 8th?
- 1:12:17He had he was living out of state.
- 1:12:20See the offense state happens to be November 19th of 2016.
- 1:12:26So when did he get arrested out of state?
- 1:12:29He says November 19th of 2025. OK, I'm going to need some proof
- 1:12:34of that because right now, according to the court files, he
- 1:12:39was not arrested until December. 8th.
- 1:12:43Again, even if we're arrested on December 8th, which is what my
- 1:12:46records show, that still is 150 days as of today, which means if
- 1:12:50we adjourn out, we are going past 180.
- 1:12:53Days Were there any adjournments of the case while the matter was
- 1:12:57in the District Court? That was Mr. Hotel, Your Honor,
- 1:13:02I do not know. I think there was a brief.
- 1:13:04The preliminary exam was scheduled initially for December
- 1:13:0723rd, which is right before Christmas.
- 1:13:09And then we. Stipulated.
- 1:13:11And the partners? Waived the 21 days and it got
- 1:13:14pushed out to the 13th of. January maybe?
- 1:13:17So you got a two to three-week gap there.
- 1:13:20So you actually whatever number you calculate, add at least 14
- 1:13:23days. Even then, Your Honor, if we're
- 1:13:26adjourned, we are going to go past that 180 days.
- 1:13:31Well, I don't know that because I don't know when he was
- 1:13:34actually arrested on it. But if let's say that he was
- 1:13:38arrested on the 8th of December, that's a. 150 days as of today.
- 1:13:46Yep. That means at least as of today
- 1:13:49we have another 30 days left. And then if I add the 14 days
- 1:13:54for the days that you all agreed by stipulation to adjourn the
- 1:13:59preliminary exam, I'm now at 65 days, which puts me into the
- 1:14:04middle of the end of June, middle beginning of July, almost
- 1:14:09the end of June. So we have six weeks to go to
- 1:14:12trial. So his 180 days trial clock is
- 1:14:16not there, all right. Plus I would have to have.
- 1:14:20Evidence. That because if there is
- 1:14:22unavailability of witnesses despite the exercise of due
- 1:14:26diligence, things like that, the court can consider an extension
- 1:14:30beyond 180 days. But I want you to be careful and
- 1:14:35I'm also concerned about the appellate issue.
- 1:14:39If I forced you to have the hearing next Wednesday on the
- 1:14:44768 information you are, I'm going to make that ruling
- 1:14:50probably that day or the next day.
- 1:14:54So I'm not even in the office. I, I, I'm really concerned that
- 1:15:00you're not thinking about the appellate issue.
- 1:15:02I guarantee you if, and I don't know what the evidence is yet, I
- 1:15:06haven't read the preliminary exam and I have not yet read
- 1:15:10Miss Houses 768 notice. I guarantee if there were a
- 1:15:14conviction, the very, very first thing an appellate defender
- 1:15:18would do is file a claim of ineffective assistance for not
- 1:15:22agreeing to an extension when there's easily another six weeks
- 1:15:25of time to be better prepared for the new witnesses.
- 1:15:29Now, unless you're going to tell me that there's nothing in what
- 1:15:33the 768 stuff says that is a surprise, including CBSI don't
- 1:15:38know why I wouldn't grant it. Your Honor, I have spoken with
- 1:15:42my client about the pros and cons of the decision to push for
- 1:15:46the May 26th date versus to agree to the adjournment.
- 1:15:48He wants to push for the May 26th date.
- 1:15:51Your honors concerns are things we discussed.
- 1:15:54He wants to push for the May 26th date.
- 1:15:57OK. Well.
- 1:15:59I think I have six weeks of flex time and we've got to today's
- 1:16:02the 8th, the trial set for the 26th.
- 1:16:06I've got two. I've got at least 3-4 weeks of
- 1:16:09time before I'm even at the 180 day trial clock window.
- 1:16:14Plus I don't have any element evidence today presenting that
- 1:16:17there was a lack of due diligence 1 moment.
- 1:16:23Let me just see if I have any other there's I need to know one
- 1:16:28second. Heather, would you go Grandma
- 1:16:30trial calendar? I know we talked about this.
- 1:16:38Before while. In chambers, separate from that,
- 1:16:41we're going to put that this question off to the side.
- 1:16:43You also had another request that you mentioned in Chambers,
- 1:16:47bond modification. Yes, Your Honor, we would
- 1:16:50respectfully motion to modify bond at this time.
- 1:16:53The purpose of bond is to ensure that an individual appears at
- 1:16:58court for proceedings. It is not meant to serve as a
- 1:17:01form of pretrial sanction. While there is debate on the
- 1:17:04date, all parties agree that my client has been at least at the
- 1:17:07Wexford County Jail since December 8th and it is currently
- 1:17:11May his wife. He reports that his wife is due
- 1:17:14to have a child any day now and is a medically complicated
- 1:17:17pregnancy, or delivery at least. He.
- 1:17:21And at the one hand, the report is saying we don't have any
- 1:17:23proof that he was extradited or the date of that happening for
- 1:17:27its reasoning on not adjourning and it's setting out a date.
- 1:17:31But at the same time, I know the report has previously said,
- 1:17:33well, since there was an extradition, that's evidence of
- 1:17:35flight. Did he waive extradition?
- 1:17:40He he ultimately waived extradition.
- 1:17:42I'd have to look at my notes to see I so I'm not sure.
- 1:17:46I think he may have initially said he was going to fight
- 1:17:50extradition, ultimately waived. The situation is that he was
- 1:17:52under investigation for these charges or about somewhere
- 1:17:57between like 4 to 6 months. So he knew this was being
- 1:17:59investigated when he up and quit his job, moved out of the place
- 1:18:03that he had, took him and his family to Kansas.
- 1:18:06Well, he knew this was under investigation.
- 1:18:08And so then we had to get the US Marshals to go to Kansas to find
- 1:18:11him, spend quite a bit of money to bring him back here.
- 1:18:14So I think there's clear reason to be concerned about flight in
- 1:18:17this case because he knew it was under investigation, chose to
- 1:18:19leave while he knew the case was being investigated.
- 1:18:22And so I have great concern that should he get out, if he's able
- 1:18:25to travel, that he would leave. He also has lived here in this
- 1:18:29area for a number of years now, but has also lived all across
- 1:18:33the country in Washington and Louisiana and Florida and
- 1:18:36Kansas. So his ties here are are
- 1:18:39somewhat limited and he does have ties in other places.
- 1:18:42Thank you, Mr. Evento. Your Honor, it's my
- 1:18:44understanding who left. He was under investigation for a
- 1:18:47Misaki CPS case. That case was resolved.
- 1:18:49He left after that case was resolved.
- 1:18:52There might have been something criminal still pending, but it's
- 1:18:54my understanding he hadn't been charged with it and the SAKI
- 1:18:57case had been resolved. Your Honor, it's people should
- 1:19:00not have to sit around forever waiting to see if they may or
- 1:19:05may not be charged for alleged criminal allegations that a
- 1:19:08separate case with the lower evidentiary standard had already
- 1:19:11been resolved on. In consideration of that, Your
- 1:19:14Honor, we and again if the concerns flight those can be
- 1:19:17which bond requires the least restrictive means possible.
- 1:19:21We can address risk of flight with the tether.
- 1:19:23We can address risk of flight with community corrections check
- 1:19:27insurance. We can address it through other
- 1:19:29methods and we would ask that the court and maybe impose those
- 1:19:33methods instead. I understand the people's
- 1:19:35concern, I understand the court's concern, but if we are
- 1:19:37pushing an adjournment for an individual who's saying no, I
- 1:19:41want my speedy trial. I want to go to trial.
- 1:19:43I don't want this delayed. I believe the jury will find me
- 1:19:46not guilty. We should at least give them a
- 1:19:48chance at bond if by no fault of the clients it is being pushed
- 1:19:52off. Thank you.
- 1:19:53All right. Why did he go to Kansas?
- 1:19:55What drew him to Kansas specifically?
- 1:20:00Go ahead, my consultant, thank your honor.
- 1:20:03He's informed me that his mother lives in Kansas and she was
- 1:20:05starting to have dementia and other health issues, so they
- 1:20:08went out there to be by her. He used to have a business in
- 1:20:10this area because of everything that happened in the SAKI file,
- 1:20:13the other files, he says when businesses failed, he wanted a
- 1:20:17fresh start. He wanted to be by his mom all.
- 1:20:20Right, so here's what the court is going to do.
- 1:20:23And. Rule on these last two issues?
- 1:20:27His house. Are you in court anywhere next
- 1:20:31Tuesday? I am not.
- 1:20:36Thank you. The court is going to reserve
- 1:20:40its ruling on the motion to adjourn and the bond today is
- 1:20:45going to bond modification today is denied.
- 1:20:48If you wish to bring it up again next Tuesday, you can, because
- 1:20:53that's when we're going to have our evidentiary hearing
- 1:20:56objecting to the content of the about 768 notice.
- 1:21:02All right, And we're going to set it.
- 1:21:04I'm going to say what time, 9:30 on Tuesday here in the
- 1:21:09courtroom. Now, that's going to put a
- 1:21:11pinch. And I know you're probably going
- 1:21:13to have some difficulty with bringing physical witnesses.
- 1:21:16That's all right. You may present the evidence
- 1:21:19through some other means. Now, what that does is it puts
- 1:21:23the pressure on potentially the defense, which can call its own
- 1:21:27witnesses. And if they choose to call those
- 1:21:29actual witnesses such as CVS, they can go get some subpoenas
- 1:21:34issued out. And if we need to adjourn it,
- 1:21:37then they can always request to adjourn and add more time then
- 1:21:42that gives me because it sounds like I've got to listen to an
- 1:21:45entire day's worth of recordings.
- 1:21:47Gives me Wednesday to do it since I'm not here Thursday and
- 1:21:51Friday and next week is Monday's busy Thursday.
- 1:21:56Friday I'm not here. The following.
- 1:21:58Monday, Tuesday or Wednesday, then I leave again.
- 1:22:01I'm only here for one day that week and then I'm gone Friday,
- 1:22:04Saturday and Sunday. So you've got some very limited
- 1:22:08time. So I've got three days that I'm
- 1:22:10here between the trial date, so. My concern is that, you know, a
- 1:22:16subpoena that I issued today isn't even going to be a valid,
- 1:22:19I don't believe. No, which means you can present
- 1:22:23any information that you want on Monday that can be in a physical
- 1:22:28form, right, And then I can make a ruling based upon that.
- 1:22:33Now, if any individuals need to be brought here and the defense
- 1:22:38wishes for them to be brought. Here.
- 1:22:41And they can object and then if they object, you therefore would
- 1:22:45need more bingo. And then we can address that
- 1:22:52will allow the defense to also establish and prepare a brief on
- 1:22:57the 180 day trial clock window. I need time.
- 1:23:02I need to know when he was arrested and then I need to know
- 1:23:07when he was presented in another court for extradition and when
- 1:23:14he fought the extradition and then how many days they delayed
- 1:23:19the preliminary examination and need to be able to explain to
- 1:23:24the court whether that those are accredited.
- 1:23:28Sorry, accredited, sorry, the word is credited to either the
- 1:23:31prosecution or the defense. Now they also need to consider
- 1:23:37probably, and that's all up to them, what other dates are they
- 1:23:42available 'cause this is going to be a four day trial.
- 1:23:46So that's going to require the government, the defense and the
- 1:23:50government to start thinking and specifically the defense 'cause
- 1:23:53I know Miss House has a different arrangement with the A
- 1:23:56GS office. Alright, who is going to handle
- 1:23:59all your other cases on the other dates?
- 1:24:01Because by next Tuesday, my staff will have every trial date
- 1:24:06possible that will cover four days.
- 1:24:10OK, Now while the defendant is saying, listen, I really want
- 1:24:14this and want to push and I appreciate that and I do take
- 1:24:18that into consideration. But what I really really need to
- 1:24:21know is exactly on what date does 180 day trial clock window
- 1:24:27end? OK.
- 1:24:29Now that trial clock window is not a solid wall like everybody
- 1:24:33thinks it is. OK.
- 1:24:36And I can, pursuant to the court rule regarding pretrial release
- 1:24:41MCR 6.106, I can consider the likelihood of conviction, which
- 1:24:47by the way, I will have a pretty good image as of.
- 1:24:50Tuesday. When I get to see all this other
- 1:24:52evidence and I've been practicing, I don't know how
- 1:24:57long this house has been, but over 3 decades and all I've ever
- 1:25:01done is crim law. And as a defense attorney, 80%
- 1:25:06of my caseload was CSE cases. So I get to apply some
- 1:25:10discretion here. And while you may or may not
- 1:25:13think about this and that appellate issues, I do so.
- 1:25:19And I guarantee you the law is not going to say, well, the
- 1:25:23defendant didn't care and pushed it and then they're going to
- 1:25:26say, but the defense attorney should have told them no.
- 1:25:30So I appreciate that position, but that's not the analysis that
- 1:25:34I have to go through. So as of today, the court does
- 1:25:38not grant any bond modification. I will adjourn that till Tuesday
- 1:25:41as well. So next Tuesday we've got a
- 1:25:44hearing set four and this is going to be probably a whole day
- 1:25:48thing starting at 9:30. We're going to be talking about
- 1:25:53the 768 admissibility. We're going to talk about
- 1:25:56motions to adjourn and then we're going to talk about bond
- 1:26:01and 180 day trial clock. And Miss House, if you could
- 1:26:05please check with your new witnesses or whomever about
- 1:26:09availability. Now particularly you've got a
- 1:26:14expert witness and we've already ruled, I've already made a
- 1:26:17ruling on that and her availability and witness
- 1:26:21availability pursuant to Court Rules 6.004 says I may consider
- 1:26:28witness availability and an expert witness I'm going to say
- 1:26:32here is a really a very important witness because of
- 1:26:36explaining to jurors certain facts.
- 1:26:38That's our already what I ruled earlier back on April 27th.
- 1:26:43All right. Anything else, Miss House?
- 1:26:45Nothing today. Yeah.
- 1:26:46Anything else? Miss Fiorbento?
- 1:26:47Just for clarification, when do you want the written response to
- 1:26:52the? Before we have our hearing.
- 1:26:54OK. Would Monday be enough time for
- 1:26:55your honor? Yeah.
- 1:26:58I I don't have to write it, I just have to read it.
- 1:27:03So, all right. Thank you very much.
- 1:27:05We are adjourned. Okie dokie friends.
- 1:27:09That seems complicated and messy and a poo poo show, but
- 1:27:15sometimes that's how it rolls. TCF live on a Super Friday,
- 1:27:19getting ready to close out our two in about 15 minutes.
- 1:27:23We are just flying through the morning, aren't we?
- 1:27:26Let's go to Lake County, Ohio, Judge O'Donnell and.
- 1:27:31Perhaps waive the jury. At a later date, Mr. Mr. D Your
- 1:27:36Honor, we have already waived time and this was refiled.
- 1:27:39We have 22. Days left on a speed trial and
- 1:27:41that's we took care. OK.
- 1:27:45We took care of that right away. We anticipate that we will be
- 1:27:47waiving the jury trial, but have to have that discussion again
- 1:27:49with my client and then we'll notify the court that we
- 1:27:52anticipate that that will happen.
- 1:27:54And we had not approached on the previous filing for any offers.
- 1:27:59So I believe the offers just plead as charged as basically
- 1:28:02stated and my client this time is not going to be pleading
- 1:28:05going forward to trial. All right here.
- 1:28:07OK, so I'll, I'll give you a jury trial date for right now
- 1:28:13until such time if and when a waiver is filed of June 15th at
- 1:28:188:00 AM and I'm going to set another hearing for June 3 at
- 1:28:239:00. If there is an offer and he's
- 1:28:27going to plead, we'll do it that date.
- 1:28:29And perhaps if he's going to file a jury waiver, we can do it
- 1:28:32on the record that date. But whatever, we just, if he's
- 1:28:36going to wait, we got to come in here and do it on the record and
- 1:28:38we'll get a date for it. Separate date for a bench trial.
- 1:28:41OK, so I'll make that for now. June 3rd at 9:00.
- 1:28:44O'clock. Right.
- 1:28:46Any else Miss Shepherd? No, thank you.
- 1:28:48Mr. D. You said June 15th.
- 1:28:51June 15th. The jury.
- 1:28:52Yeah. Thank you.
- 1:28:53Nothing further. All right, I'll.
- 1:28:58Ask. Well, that was short and sweet.
- 1:28:59We don't normally get that short and sweet out of Judge O'Donnell
- 1:29:02without at least a couple of swear words put in there.
- 1:29:05Let's go to Saint Joseph County. Judge Middleton has some bench
- 1:29:09warrant arrangements from the looks of things.
- 1:29:11Good. Morning, everyone.
- 1:29:13Good morning, Miss Owen. Good morning.
- 1:29:18The crowd has gathered on your behalf.
- 1:29:21Mr. Keith Stickley is here from the Public Defender's office.
- 1:29:25Mr. Daniel Phrase on your probation officer is here.
- 1:29:29Prosecutor Anjali Canfield is here, and we've also got someone
- 1:29:32from the victim advocate team at the prosecutor's office.
- 1:29:36You got arrested last night on 2 separate files, 25202202 FY.
- 1:29:45That's a technical probation violation, and I am the judge
- 1:29:52supervising your probation. He also got arrested in 252597
- 1:29:59for a violation of bond conditions and a charge of
- 1:30:03domestic assault. Judge Patterson is handling that
- 1:30:08case. And I agreed that I would do
- 1:30:10both of these bench warrant arraignments this morning.
- 1:30:14In 252203, you were charged with assault with a dangerous weapon.
- 1:30:21It was reduced to a misdemeanor charge of domestic assault.
- 1:30:25He entered A plea and you were placed on probation.
- 1:30:28Your original attorney in that case was Casey Strong, your
- 1:30:32probation officer, as I indicated, Daniel Frazein, is
- 1:30:35here. In the second case, you were
- 1:30:38arrested again for domestic assault in December.
- 1:30:42Attorney Luke Noffsinger was represented, wanted to represent
- 1:30:46you. It was set for a jury trial in
- 1:30:49February. I'm not sure what happened.
- 1:30:52Anyway, then it was set for March 1st and I'm not sure what
- 1:30:57happened, but there was not a plea and there was not a jury
- 1:31:00trial. I understand you got picked up
- 1:31:03last night in contact with Gregory Owens, who you're not
- 1:31:11supposed to have any contact with.
- 1:31:13There's also alleged to be multiple violations of your
- 1:31:16probation, including no alcohol, no other assaulted.
- 1:31:20Behavior Mr. Frazai, could you join us, please?
- 1:31:27Daniel. I don't.
- 1:31:28Your screen is frozen. I don't know if you can join us.
- 1:31:32Apparently not. Where did you get arrested last
- 1:31:36night? Three Rivers.
- 1:31:38Neighbor's house. In Three Rivers.
- 1:31:42Yes. The prosecutor doesn't often
- 1:31:45show up for these simple misdemeanor bench warrant
- 1:31:47arraignments, but they feel strongly enough about this one
- 1:31:50that they are here. Miss Canfield, what's the
- 1:31:53prosecutor's position here? Oh, thank you, Your Honor.
- 1:31:58Well, my concern is that we're giving or attempting to give
- 1:32:02Miss Owens rehabilitative tools that she obviously is not taken
- 1:32:07advantage of with respect to the alleged probation violation.
- 1:32:11And additionally, she's violating bond conditions that
- 1:32:15are also in place. And this involved not only an
- 1:32:18admission of consuming alcohol again, but an alleged threat to
- 1:32:23another individual in the presence of the agent.
- 1:32:26So this is really concerning behavior.
- 1:32:30And at this point, I'm going to request, or at least think it
- 1:32:34appropriate, that a higher cash bond be set or that it be
- 1:32:38revoked pending a resolution on the other matter still before
- 1:32:45the court, the 252597 SM. All right, Daniel, your screen
- 1:32:50is frozen and I can't hear you or see you except a picture of
- 1:32:56your handsome face staring at the space.
- 1:33:06I can. Got it.
- 1:33:06Let's. See if I can get.
- 1:33:09Might be able to have him come here and pull up the cherries.
- 1:33:12Time to put it that way. Yeah, Daniel's frozen.
- 1:33:18I need, I need his input and I can't see him.
- 1:33:22So yeah, yes, I think it's operator error, but we've got
- 1:33:36you on the speakerphone. Miss Owens got picked up last
- 1:33:42night. Miss Canfield is requesting that
- 1:33:45bond be cancelled or raised. She's not entitled to a bond in
- 1:33:49the probation violation case, but I understand that there's
- 1:33:54some other issues going on. What else is happening?
- 1:33:57Here well she's had several issues with testing I have 3
- 1:34:04positive 1 to loot and one pending right now and she has
- 1:34:09five no shows and she misses she's still.
- 1:34:12Drinking. All right, Miss Owens, I'm going
- 1:34:14to show a plea of not guilty on the probation violation and
- 1:34:21appoint an attorney. Original attorney was Casey
- 1:34:26Strong. Bond is cancelled, set APV
- 1:34:29hearing can next week. In the other case, the one in
- 1:34:33which you're on bond, there's no, I don't need to deal with a
- 1:34:37bond because it's cancelled. In the other case, I'm going to
- 1:34:40set a bond violation hearing with attorney Luke Noffsinger.
- 1:34:48I understand the blood alcohol last night was something like
- 1:34:51223. So we're struggling.
- 1:34:57But you're like a ping pong ball bouncing around.
- 1:35:03You're not in treatment very well.
- 1:35:05You're not testing. You're still drinking.
- 1:35:07You're violating, you know, contact provisions of
- 1:35:10allegations. Right now I just need to hold on
- 1:35:13to you. So I'm setting both of these for
- 1:35:16a hearing probation violation with Daniel.
- 1:35:20Now Miss Cantrell, did I also understand there may be another
- 1:35:24assault charge pending. I'm.
- 1:35:26Not I'm going to look and see. Can I ask for what?
- 1:35:34Why would I have another assault charge?
- 1:35:37I don't know. Someone said something to me
- 1:35:39that may have been another charge pending, so maybe I'm
- 1:35:41mistaken. I'm, I'm looking, Your Honor.
- 1:35:47OK, can I answer again? That's impossible the.
- 1:35:52Only one that is that domestic violence she tried to I.
- 1:35:59Don't. I'm sorry, Mr. Phrasine.
- 1:36:03What were you saying? She tried.
- 1:36:07To to solve the message but judgment on its actual basis and
- 1:36:11it got kicked back 251970. Eight.
- 1:36:16Yes, it is. Yes, that's correct.
- 1:36:18So there isn't a new one. That's the one that's still
- 1:36:21pending, Your Honor. OK.
- 1:36:23All right. We're going to have a probation
- 1:36:25violation hearing regarding the allegations that you continue to
- 1:36:28use alcohol in violation of your probation.
- 1:36:31You refused to test, tested positive, Then there also is an
- 1:36:36issue regarding your bond condition, which may be a way to
- 1:36:40resolve that pending other domestic assault case and filed
- 1:36:45252597. I can't tell why it didn't go to
- 1:36:50trial in March. I don't know.
- 1:36:56But anyway, Miss Owens, you need some clean time and we're going
- 1:37:02to figure out what's going on here.
- 1:37:03So I'll get these. I've got 2 lawyers to schedule,
- 1:37:07Mr. Nofsinger and probably Casey Strong, and we'll deal with both
- 1:37:14of these matters next week. All right, Daniel, we'll see
- 1:37:19where we're going with this. Thank you.
- 1:37:21This can't feel. Thank you.
- 1:37:23Thank you here on there. All right, all right.
- 1:37:27You're good to go. Daniel, I'm not sure what's up,
- 1:37:33but I'll hang up on you. All right Now, this next guy,
- 1:37:38Mr. Mcnett, I'm going to forward to you the e-mail I got from
- 1:37:42Tiffany. Tiffany.
- 1:37:51Thank you. Got it.
- 1:37:55Antenna wrong. Good morning, Sir.
- 1:38:00Are you Kevin Lee? James Mcnett.
- 1:38:06I'm Judge Middleton. Also present here is the chief
- 1:38:09public defender, Mr. Keith Stickley.
- 1:38:12You got arrested here this morning at the courthouse on a
- 1:38:16bench warrant. The file number is 25494 FY.
- 1:38:22In that matter, you were charged with possession of
- 1:38:25methamphetamine. And let's take a look at it.
- 1:38:27Let's see if they put this in my queue.
- 1:38:29They didn't let me dial it up here.
- 1:38:34It's all just sort of came in fly.
- 1:38:37I was in the middle of landlord tenant cases and you come roll
- 1:38:40it in 10 days late. I apologize you All right, let
- 1:38:46me look at the actual complaint. As I said, I didn't get much of
- 1:38:51a chance to prep this or just hand it to me while I was in
- 1:38:54here on the bench. The charge alleged that on or
- 1:38:58about January 27th of 2026 that you did possess methamphetamine
- 1:39:03as a second or subsequent offense as a fourth eventual
- 1:39:07offender, making that theoretically punishable by the
- 1:39:11life imprisonment. It all has to do with the pipe,
- 1:39:16which ain't the crime of the century, but the way it all
- 1:39:20stacks up. So you plead not guilty.
- 1:39:26You posted a bond of $7500 with the bonding company and you
- 1:39:31posted that in a they set a pre exam conference for May 5th and
- 1:39:38you failed to appear. I did an immediate bench
- 1:39:44warrant. You have $1330 worth of unpaid
- 1:39:50fine and cost. As far as I can tell, you never
- 1:39:53made contact with pretrial services, at least as.
- 1:39:58Of May 5th. And you didn't show up.
- 1:40:01So you called two days later and they were supposed to be working
- 1:40:06on a bench warrant. He said you could come in
- 1:40:08tomorrow morning as warrant may be entered by noon and Judge
- 1:40:13Middleton could choose to recall the warrant.
- 1:40:16I was gone for two days and so apparently you said you would
- 1:40:21come in tomorrow morning, which is today.
- 1:40:24So somebody made arrangements for you to come present yourself
- 1:40:28when I wanted an immediate bench warrant.
- 1:40:30I also contacted Community corrections and indicate as of
- 1:40:36yesterday, Friday, you contacted Community Corrections, there
- 1:40:42should have been a bench warrant for your arrest.
- 1:40:44But I got held up by staff and then you come rolling in.
- 1:40:50So when we were here last Tuesday, I was here, Mr. Bush
- 1:40:55was here, we had 31 cases. You at that point had not made
- 1:41:01contact with Mr. Bush and had not made contact with Community
- 1:41:08Corrections. Then you call after the day
- 1:41:12you're supposed to be here and say, hey, I missed court.
- 1:41:15So then you, I didn't realize staff actually told you to come
- 1:41:19in here this morning till I just read the pleadings.
- 1:41:23So have you contacted Mr. Bush? I called him yesterday.
- 1:41:29I didn't realize I'd missed my court date until yesterday.
- 1:41:32And I have been, I have been contacting the MDOC every day
- 1:41:38that they've told me to. Well, you started that on
- 1:41:41Friday. Let me look at that.
- 1:41:44Maybe I got my days mixed up because that's seizure, she
- 1:41:47said. Because.
- 1:41:48Of the. All right, so you did.
- 1:41:52So why didn't you show up for your court hearing?
- 1:41:56I can put, I have a lot going on at home.
- 1:41:58My mom's got stage 4 cancer. I've had my pivotal appointments
- 1:42:03and work and I just, it slipped my mind.
- 1:42:07I didn't, I didn't, it was, didn't realize it was so soon
- 1:42:12'cause my mom started. All right.
- 1:42:15So you hadn't called your lawyer as of last Tuesday, but you have
- 1:42:19called him since? I called my lawyer.
- 1:42:21Yesterday, it was the first time I called him.
- 1:42:24I've never, I've never had to contact my attorney first.
- 1:42:26They always meet me at my first court date.
- 1:42:29That's not how it works. We give you instructions to call
- 1:42:33your lawyer. It's a pain in the neck when you
- 1:42:36show up when there's 31 cases pending and say, hey, I want to
- 1:42:40talk to my lawyer. Plus you have $30.00 worth of
- 1:42:43unpaid fines and cost. Where are you working?
- 1:42:47Precision wire in Three Rivers. Yes, Sir.
- 1:42:54Are you living in the trailer park?
- 1:42:57Yes, Sir. And walk to work from there?
- 1:43:00I do. How long have you been at
- 1:43:03Precision? Winner.
- 1:43:06This will be. My 4th week.
- 1:43:10Did you actually speak to Mr. Bush?
- 1:43:12No, no, I had to. I I'm trying to find the number
- 1:43:16of the number. I was giving you the wrong.
- 1:43:20I contacted, she gave me his number.
- 1:43:24I called and got a machine. Well, he's here in court often.
- 1:43:30He's only been at the same address for about 80 years, give
- 1:43:35or take. His father started the practice
- 1:43:39before him. It's been the same number,
- 1:43:41651-5380 for probably 80 years. So it slipped your mind that you
- 1:43:51were supposed to show up for course, although you apparently
- 1:43:56you had contacted community corrections prior to the hearing
- 1:44:03on May 5th. Let me look at a couple things.
- 1:44:07I thought my court date was this week.
- 1:44:13Basically, yeah. And it just makes my skin crawl
- 1:44:23when people say I thought I'd wait and talk to my lawyer at my
- 1:44:25first hearing. It just causes all kinds of
- 1:44:29problems. As I said, there were 31 cases
- 1:44:32that day. And I go, here I am ready to
- 1:44:35talk about my case. That's not how it works.
- 1:44:39Every single case for next Tuesday is turning trucking.
- 1:44:44Laura, any luck with Precision Wire?
- 1:44:46What's that? We're checking with Precision
- 1:44:50wire, see whether they actually work there or not.
- 1:44:53I. OK.
- 1:44:56What do you what do you have to say to that?
- 1:44:58I was going to say I have a check stub in my wallet, but I
- 1:45:01left my wallet in the car. OK.
- 1:45:06All right. Thanks.
- 1:45:13Oh, he's hard to get a hold of because what?
- 1:45:20All right, Mr. Stickley, have any input here?
- 1:45:24Your Honor, it sounds like maybe we got off to a rough start.
- 1:45:28I think he is trying to comply. It's the only input.
- 1:45:34That I would, I would have. At this time, I'm sure the
- 1:45:37gentleman would prefer not being in jail if he is with community
- 1:45:41corrections, it looks like he started checking in.
- 1:45:46Maybe we can. Maybe we could try a redo and
- 1:45:49see how he does. That's what I would have.
- 1:45:54All right, the easiest thing to do would be just let you sit in
- 1:45:57jail. You are working at Precision
- 1:46:00Wire. You're within walking distance
- 1:46:02of your house. I I don't.
- 1:46:06Did you have to take a blood, a urine test to get hired at
- 1:46:08Precision Wire? No, by our drug test for the
- 1:46:15parole. I'm on parole.
- 1:46:17You're still on parole? Yes, Sir.
- 1:46:20I didn't know that. Who's your PO?
- 1:46:23Tracy Jabot. All right.
- 1:46:27Mr. Bush is not scheduled to be here next Tuesday.
- 1:46:30I'm going to reinstate your bond and your community corrections
- 1:46:35conditions remain in effect. I thank you.
- 1:46:37John. You were to contact your lawyer?
- 1:46:42Yes Sir and if you don't, I'm going to cancel your bond at the
- 1:46:46time of the pre exam. If you show up on May 19th and
- 1:46:52haven't talked to your lawyer, I'm going to cancel your bond.
- 1:46:55Yes Sir, I'll call him as soon as I get out here.
- 1:46:58I'm going to set the pre exam conference for May 19th, 2O26 at
- 1:47:058:30. If we need a preliminary
- 1:47:07examination, it will be May 26th at 1:00.
- 1:47:11This is a very serious charge. It's a drug double with a
- 1:47:15habitual which makes it a mandatory life case.
- 1:47:19Plus you're on parole. I didn't realize there was a
- 1:47:21parole ramification to this as well, but it all has to do with
- 1:47:27a small pipe and some residue. I don't know if I tested you
- 1:47:32today what the test would show. Probably test you when I see
- 1:47:36you. I tested yesterday.
- 1:47:39You tested yesterday. Yes Sir.
- 1:47:43You've been around long enough that and don't just slip your
- 1:47:46mind that you're supposed to show up for court.
- 1:47:49This is a huge pain in the neck for us.
- 1:47:52That was complete. All right, so you're to be here
- 1:47:58after you talk to your lawyer on May 19th at 8:30.
- 1:48:03Yes Sir. I'm going to recall the bench
- 1:48:05warrant and we'll have a pre exam conference at that time.
- 1:48:11If you don't. Show up, I'm going to set the
- 1:48:14bond at $10 million and contact your PO and your bonding
- 1:48:19company. You've also posted a substantial
- 1:48:21amount of money which could have been forfeited.
- 1:48:25I'll reinstate that bond and we'll give you a notice Tuesday,
- 1:48:29May 19th at 8:30. No, Sir, No.
- 1:48:35All right. I'll see you then.
- 1:48:38All right. Thank you.
- 1:48:40All right. Okie dokie friends, we're now in
- 1:48:42hour 3 of TCF Live. I really don't know where the
- 1:48:47time goes. This goes by so fast.
- 1:48:49Let's go to Texas. Judge Stephen.
- 1:48:54Are we or are we just getting it down the road?
- 1:48:56I. Know he's playing.
- 1:48:58That's a rap. This girlfriend I have a
- 1:49:01girlfriend. Yeah, there's a lot of marked
- 1:49:10outs. I sent somebody right behind.
- 1:49:14Yeah, I mean, really. Close.
- 1:49:22Thank you. OK on this.
- 1:49:26OK, it's reading. Enhanced to a third degree.
- 1:49:29That's third degree punishment. It's a state jail felony.
- 1:49:32That's correct. Correct.
- 1:49:33Enhanced to a third degree, it was punishment, right?
- 1:49:36When he was put on probation for it, correct?
- 1:49:38OK. That's why it's because it says
- 1:49:40enhanced to 3rd degree only in this one.
- 1:49:44There's another asterisk down at the bottom that details the
- 1:49:46third degree felony punishment range.
- 1:49:48I understand that, but there's nothing that shows this is a
- 1:49:51state jail felony. Judge, the paperwork itself is
- 1:49:54on stage L felony paperwork which is why the additions were
- 1:49:57made for 3rd degree. OK, but what I'm going to add is
- 1:50:00stage L felony and then pick up with enhanced to 3rd degree
- 1:50:03punishment. OK, so can't touch the pad, but
- 1:50:07that's it. That's funny.
- 1:50:09So that's why I have this little and.
- 1:50:12Then we did that good 6. 5. He's going to get revoked and
- 1:50:19it's four years in each case to run together.
- 1:50:23Yes. All right, we will take this to
- 1:50:27nothing beginning with 24 CR 1654 and then we will go 24 CR
- 1:50:342193. These are both first amended
- 1:50:37motions to revoke probation stating the state of Texas
- 1:50:40versus Darren. Adam Banks, You or Mr. Banks?
- 1:50:43Yes. And you here with your attorney
- 1:50:45and the state's attorney. Does the defendant waive a
- 1:50:48formal reading of these first amended motions to revoke
- 1:50:51probation in each of these cases?
- 1:50:53Can we proceed? In summary, each of these
- 1:50:56similarly state, Sir, that on March 3rd, 2025 in Jeff in this
- 1:51:04Criminal District Court of Jefferson County, Texas you were
- 1:51:09placed on, you were sentenced to 10 years in prison, probated for
- 1:51:1510 years for the state jail. Felonies of theft of material
- 1:51:22and it looks like it must be metal of some sort, copper in 24
- 1:51:29CR 1654 and burglary of a building in 24 CR 21993.
- 1:51:40And in each of those state jail felonies you were sentenced to
- 1:51:4310 years in prison and that was suspended and you were placed on
- 1:51:46probation for 10 years. Is all of that true and correct
- 1:51:50for each of these two cases? Yes, let's see.
- 1:51:55What's he pleading to? Is it evading arrest?
- 1:51:58But. If you want them to do different
- 1:51:59violations, we can do whichever numbers you.
- 1:52:02Want. I'll put one in two, but.
- 1:52:05What happened in the evading arrest or detention case?
- 1:52:09Is that pending somewhere in another court?
- 1:52:12It's pending and messed me a court.
- 1:52:14Has that been disposed of? Failure and the failure to ID
- 1:52:19same thing judge that's same offense statement both pending
- 1:52:22and missing what you all want to do just I want to play on counts
- 1:52:275 and 6 it. Makes no different.
- 1:52:29Stash is five good that's fine judge all right allegation and
- 1:52:35your right hand did I already you did not do you almost swear
- 1:52:38or affirm the testimony that you were going to give today during
- 1:52:41this hearing shall be the truth, the whole truth and nothing but
- 1:52:43the truth so help you God Lord your hand and is this all true
- 1:52:48and correct that in each of these two cases you were
- 1:52:51sentenced to 10 years in prison, probated for 10 years and those
- 1:52:54were state jail felonies enhanced though to punishment as
- 1:52:58though they were a third degree felony because of the prior
- 1:53:01convictions that you have. All of that's true and correct.
- 1:53:04Sir, All right. Allegation 5 in each of these
- 1:53:07motions to revoke probations, then these are first admitted
- 1:53:10motions to revoke probation filed May 6th.
- 1:53:14Well, that's quick. You just got Yes, Sir.
- 1:53:17OK. Do you solemnly swear and affirm
- 1:53:21that you were waving any additional time that you may
- 1:53:24have to prepare for this hearing because this was filed?
- 1:53:30These motions were filed recently and we are having a
- 1:53:34hearing here today, which is very quickly after the motions
- 1:53:41to revoke probation, which are fine, but you have about 30.
- 1:53:46I think you have at least 30 days to under the law.
- 1:53:50You have time 10/30/10 or more to prepare and talk to your
- 1:53:56lawyer and think about this. You can also waive that period
- 1:54:00of time and move forward today if you wish.
- 1:54:03If you feel like you've had enough time to think with it,
- 1:54:05you've discussed with your attorney and you are ready to
- 1:54:09proceed today. Is that what?
- 1:54:11You want to do OK? Are you making that decision
- 1:54:14voluntarily and after discussions with your attorney?
- 1:54:17Yes. Miss Menarda, allegation 5
- 1:54:21states you committed the offense of evading arrest or detention
- 1:54:24on or about March 19th, 2026, Jefferson County, Texas.
- 1:54:29And this is an allegation in each of these two motions to
- 1:54:34revoke probation and they are allegation is number 5 under the
- 1:54:38first amended portion. And these also state that these
- 1:54:42allegations of evading arrest or detention in each case, those
- 1:54:46are violations of condition one of your probation order which
- 1:54:49states may not commit another crime.
- 1:54:51Is all of that true and correct? Are you pleading true to each of
- 1:54:56these allegations voluntarily and because those allegations
- 1:55:00are indeed true, yes. Do you understand that a
- 1:55:03voluntarily and knowingly may be it true to one or more
- 1:55:07violations of probation, That's enough to grant motion to revoke
- 1:55:11probation. Your probation can be revoked
- 1:55:14and you can be sentenced to the full range of punishment, which
- 1:55:16is no less than two nor more than 10 years confined.
- 1:55:19But in prison knowing all of that, do you insist on pleading
- 1:55:23true today? In each of these two motions to
- 1:55:26revoke probation to allegation, 5I find it was pleading through
- 1:55:30to allegations of violations. In each of these motions to
- 1:55:33revoke probation voluntarily, knowing intelligently and
- 1:55:36because they are true, there's an agreement.
- 1:55:41That. States that you were your
- 1:55:44probation would be revoked, you would be sentenced to four years
- 1:55:47in prison and you would be given credit for all time you have
- 1:55:50served in accordance with that is all of that your
- 1:55:53understanding is that true and correct?
- 1:55:56Are you, is or you agreeing to that voluntarily and after
- 1:56:01discussion discussing all of this with your attend?
- 1:56:04Yes, yes. I'll have to show you.
- 1:56:10You know we got a I'm looking here watching this pass.
- 1:56:14I got a chance to count and I've got the funny hand.
- 1:56:17I'm going to show you what's marked in each of these cases.
- 1:56:22A state's exhibit one. Did you sign those documents,
- 1:56:25understand them to discuss them with your attorney or the
- 1:56:27contents? True and correct.
- 1:56:29State's Exhibit 1 is tendered into ethnicity without
- 1:56:32objection. Admit among other things, the
- 1:56:34State that if I follow this agreement, you understand you
- 1:56:37were waiving all rights of appeal.
- 1:56:40I'm going to do that in each of these cases.
- 1:56:42Anything further to add nothing further, I'm going to make the
- 1:56:45following findings. And then in each of these two
- 1:56:47first amended motions to revoke probation.
- 1:56:50Here. I find that you have pleaded
- 1:56:52true to Allegation 5, which is committing the offense of
- 1:56:57evading arrest or detention on or about March 19th, 2026 in
- 1:57:01Jefferson County, Texas, which violates condition one of your
- 1:57:06probation order in each of these cases which states you shall not
- 1:57:09commit an offense while on probation.
- 1:57:13You're pleading of true voluntarily, knowingly,
- 1:57:16intelligently is enough to grant these motions to revoke
- 1:57:19probation by upon preponderance of the evidence or greater.
- 1:57:23These first amended motions to revoke probation are hereby
- 1:57:26granted, and your probation is hereby revoked in each of these
- 1:57:30two cases and in accordance with these agreements, you're hereby
- 1:57:34sentence to confinement in the Institutional Division of the
- 1:57:37Texas Department of Criminal Justice to serve a term of four
- 1:57:39years in each of these cases. These sentences shall run
- 1:57:42concurrently. Is that your understanding of
- 1:57:45the plan and that shall be carried out Anything else?
- 1:57:49That's all. Thank you.
- 1:57:51Yes. All righty friends, TCF live on
- 1:57:53a Super Friday. My name is Dan.
- 1:57:55It is great to have you all with me.
- 1:57:56We've got about 35 or so more minutes to go.
- 1:57:59We're going to go to Judge O'Donnell in Lake County, Ohio,
- 1:58:04and then after that we'll go to Dungeon.
- 1:58:11First violation tested positive for marijuana May 19th of 2025.
- 1:58:16You understand that charge? Yes, Ron.
- 1:58:18Failed to report June 2nd of 25 and thereafter you understand
- 1:58:22that charge. Yes, Rod.
- 1:58:25March 24th, 26th test positive for marijuana.
- 1:58:28You understand that charge? Yes, Rod.
- 1:58:31Tom, is it? Thank your Honor, I spoke with
- 1:58:33Mr. Howard. He indicated today he would like
- 1:58:35to waive his final hearing, plead guilty to the charges and
- 1:58:37were prepared to proceed with sentencing.
- 1:58:39Thank you is. That what you want to do.
- 1:58:41That's Rod. What's your plea to those
- 1:58:44charges? Guilty.
- 1:58:46Accept you're guilty plea and find you guilty in this time.
- 1:58:48Is it? Yes, thank, Your Honor.
- 1:58:50We would just like to ask the court today for any leniency in
- 1:58:52sentencing. Your Honor, when this case did
- 1:58:54occur, Mr. Howard was much younger with regard to not
- 1:58:58showing up to probation and the marijuana violation.
- 1:59:00I did speak with him about that. He indicated back in May of 2025
- 1:59:04when he failed to work when he was positive for marijuana and
- 1:59:07didn't report in June, he was scared to report.
- 1:59:10He was scared because of the situation.
- 1:59:12He don't want to be back in the courtroom.
- 1:59:13Your Honor, in speaking with Mr. Howard, he has since been
- 1:59:17working. He's had on and off jobs in
- 1:59:19factories. He indicated it was a little
- 1:59:20difficult to keep a job due to the due to the felony on his
- 1:59:24record. Prior to getting picked up, he
- 1:59:25was working at Amco as a coil factory.
- 1:59:28So he was doing work there. He was working full time.
- 1:59:31Your Honor, he does have to have aspirations.
- 1:59:33He does want to become a Barber. That is his goal in life.
- 1:59:35He does have a great support system.
- 1:59:37He has family and friends here in support of him today.
- 1:59:39Thank you. What?
- 1:59:40Do you want to tell me before I sentence you?
- 1:59:44I don't really want too much to run around, just I've been to
- 1:59:47know with this case since 18. I just really want to get it
- 1:59:49over with, you know what I'm saying?
- 1:59:51Want to get it over with? Yeah, as far as the back and
- 1:59:54forth time, I don't catch any cases, this get more time on the
- 1:59:58same case. I work a regular job, I don't
- 2:00:01get into bad activities, I don't sell drugs, I don't tow guns.
- 2:00:04So I know if I do my time and get it over with, I will never
- 2:00:08step foot in no type of facility like this again.
- 2:00:11I just want to get over with Lana.
- 2:00:13Then what? Started my career as a Barber.
- 2:00:16Well, this was a felonious assault that was reduced to an
- 2:00:22attempted felonious assault. He was sentenced October 18 of
- 2:00:2723. Or do the jail treatment program
- 2:00:30and continue with Ohio Guidestone.
- 2:00:33No drugs or alcohol. So then you likely got out in
- 2:00:36January of 20-4 test positive for marijuana.
- 2:00:40February 5th, 22nd, March 4th, March 18th, and April 1.
- 2:00:46So we kicked it out a couple months to see if you'd stop
- 2:00:48using marijuana and you didn't. So you were violated as well as
- 2:00:51picking up a theft charge out of Mentor.
- 2:00:54So you came in for your hearing. June 12th of 24.
- 2:00:58I kept you on community control, ordered you to go to Neocamp,
- 2:01:04Went to Neocamp, got out March 18th of 25.
- 2:01:10May 19th of 25 test positive for marijuana and you just stop
- 2:01:15showing up. Apparently you kept smoking
- 2:01:17marijuana because you tested positive once you were arrested.
- 2:01:21So you don't you haven't paid one bit of attention to anything
- 2:01:26in this case when you've been on probation.
- 2:01:28So you are no longer amenable to community control and make that
- 2:01:32decision. Having gone back and reviewed
- 2:01:34again the presence report in the drug and alcohol evaluation in
- 2:01:39the picked an impact statement, which you, I'm certain you
- 2:01:42remember that it was a pretty severe injury that this guy
- 2:01:45received at your hands, but I put you on probation anyway.
- 2:01:49You determined that you didn't want to do anything, you just
- 2:01:53want to continue to do whatever you wanted.
- 2:01:55So you're going to continue to do whatever you wanted.
- 2:01:57So having reviewed everything and listen to what you have had
- 2:02:01to say, listen to what councils had to say, since you are no
- 2:02:05longer amenable to community control, I'm going to terminate
- 2:02:12your community control. I'm going to sentence you to 35
- 2:02:14months in prison with credit for 424 days.
- 2:02:19When you get out, you might be on post release control for up
- 2:02:22to two years under the parole authority with conditions.
- 2:02:25If you violate the conditions of parole authority could send you
- 2:02:27back to prison for up to nine months for each violation, up to
- 2:02:311/2 of my sentence. If that violation is a new
- 2:02:33felony, you could get an additional consecutive prison
- 2:02:37sentence for the violation, the maximum of which is the greater
- 2:02:41of 12 months or the time left under post release control.
- 2:02:45The costs are assessed. Anything else?
- 2:02:47This Tom is it. Nothing for your.
- 2:02:52Honor, thank you. All right, all righty.
- 2:02:55Friends, it's that time on a Friday where we engage in our
- 2:02:59TCF guilty pleasure carpets. The color of blood, the screams
- 2:03:03in the background, the lighting from the Cold War era, the
- 2:03:07spookiness, the scariness, the damp, mildewy surfaces.
- 2:03:13They believe in Appalachia, the justice is best served in a
- 2:03:16cold, dank basement. Ladies and gentlemen, I give you
- 2:03:18Dungeon Court, all right? This is state of Ohio.
- 2:03:21This is Sean Woods, 0262783 02574 A and.
- 2:03:28B. 2650 and Lister, Horford's Case 7. 35 That's one.
- 2:03:41Can you keep this? Yeah.
- 2:03:48You do it now. She made it a lot better.
- 2:03:51We get a long walk. Deborah.
- 2:04:15Williams. Here she dropped there with the
- 2:04:17grandbaby right now in the park if you need her.
- 2:04:20We can go get her. I think it was a good report, if
- 2:04:25I'm not mistaken, so we're happy about that.
- 2:04:30I just wanted to continue. Let's do June 26th for free
- 2:04:42trial at 10 AM. Could you move that up maybe a
- 2:04:48week or so? That may be 22nd.
- 2:04:54That may be my last day. OK, if we could do it when
- 2:04:59let's. Do June 22nd, is that OK?
- 2:05:02That's maybe my last day. Oh, OK, June 15th.
- 2:05:11At 15. Yes, Sir.
- 2:05:14Thank you, Judge. At 10. 10.
- 2:05:23AM all right. There are possible arraignments
- 2:05:32edible high versus. Timothy.
- 2:05:33Cavalier number CRV 26264. They're the ones that, well,
- 2:06:03they can go to the end of the docket and I'm.
- 2:06:04Going on the same with the end of the docket.
- 2:06:14State of Ohio versus Tracy de Mint, case number TRC 26720. 5A
- 2:06:19and B. All right, this is State of Ohio
- 2:06:46versus Tracy Dement, PRC 26725 eight 93 Mr. Dement alleged
- 2:06:53Honor about May the 7th 10:26 but you weren't up here.
- 2:06:59So I want to go through your rights before the court at this
- 2:07:02point. I'm going to go through your
- 2:07:03charge with you at the end of this.
- 2:07:07It looks like you've had five priors.
- 2:07:10So I believe this would make this a felony and it would be a
- 2:07:14felony of the 4th degree or felony of the third degree,
- 2:07:17Felony of the 4th degree. I don't know that it's.
- 2:07:21Necessarily charged with that, Mister Heald.
- 2:07:23It's just charged as a regular ticket.
- 2:07:25So, well, we intend to file a long form alleging felony, but
- 2:07:32and and we're a little shorthanded today.
- 2:07:34So we have some problems trying to keep up, but we'd like the
- 2:07:37court to recognize that. That is the.
- 2:07:39Fact. OK.
- 2:07:41All right. So Mr. Denaire, we'll go through
- 2:07:43with this. And where the employer is a
- 2:07:45felony, I cannot take a plea on this from you today, but we'll
- 2:07:49go through it. And at the end of it, I'll read
- 2:07:52the right report to the court here.
- 2:07:54And we're like the main side of the reporting here today.
- 2:07:57And then you would say that is against your interest, could be
- 2:08:00used against you. You have the right to have an
- 2:08:02attorney. If you can't afford an attorney,
- 2:08:04I can afford one to represent you at no cost.
- 2:08:06You have the right to have reason to bail set on the
- 2:08:09matter. And you have the right to state
- 2:08:11for each of them every element of the defense charge beyond a
- 2:08:14reasonable doubt. You understand your rights
- 2:08:16before the court, of course. All right.
- 2:08:19Mr. Deventz alleged on about May 7th, 26th in Union Township
- 2:08:25you're operating. Motor vehicle on the.
- 2:08:26Vehicles of alcohol, they don't have to use an accommodation
- 2:08:29thereof and then not one. And that you refused a test.
- 2:08:35So there's a violation of a High Revised Code section 45111981-A.
- 2:08:41Which is. Is a felony for OVI.
- 2:08:47Maximum penalty on that is I believe up to 18 months in
- 2:08:52prison and up to a $5000 fine. There is ABK or as part of the A
- 2:09:01case. It's also alleged 45111982 which
- 2:09:06is criminal refusal which is a refusal of the prior and that
- 2:09:10would also be same level offense with a felony of 4th degree out
- 2:09:15to 18 months in prison and up to 5000 all 5.
- 2:09:19It's also alleged in the B case that you drove the left of
- 2:09:22center, and that's an alleged violation of a Higher Revised
- 2:09:27Code section 3511.29. That was a minor misclim year.
- 2:09:31Maximum penalty on that is up to $150.00 fine in court costs.
- 2:09:34Do you have money to hire an attorney?
- 2:09:39OK, you're intending to hire your attorney.
- 2:09:45Are you working currently? All right, pay hourly.
- 2:09:49All right, what's your annual income?
- 2:09:55OK, what's, what's your annual income?
- 2:09:57It wasn't this past year. OK.
- 2:10:05Then you definitely aren't going to qualify.
- 2:10:09All right, So, Mr. Hild, you want to be heard.
- 2:10:12On the matter of on. State would ask for $25,000 cash
- 2:10:16issue. OK, Mr. Demand, I know you know
- 2:10:21I'm an attorney, but I'll give you an opportunity to argue bond
- 2:10:24for yourself today. You can hire an attorney that
- 2:10:28you want to come back and revisit back later here.
- 2:10:34So what they're at, the state is asking for a $25,000 tax assured
- 2:10:37bond, which can you either post $25,000 for the court or you can
- 2:10:41call a bondsman and pay the bonds on a fee to post the bond
- 2:10:46for you. Is that a bond that you think
- 2:10:49you can make? OK, is it?
- 2:10:53And I would let you argue for something lesser if you wish.
- 2:11:00OK? Well, I I.
- 2:11:06One thing that I I have seen over over a long period of time
- 2:11:09is that you typically do show up to court, but I do want to push
- 2:11:13the cash a share bond on you. So I'll set bond to 5000 cash a
- 2:11:17share like an order that the bond be dependent on him not
- 2:11:21driving. I was going to make that as a
- 2:11:23condition of the bond and a condition of your bond is that
- 2:11:28you can have no, you cannot operate a motor vehicle of any
- 2:11:32sort. They're independent of that you
- 2:11:35understand was. It really.
- 2:11:51I'm. Going.
- 2:11:51To. Go ahead and set a preliminary
- 2:11:56hearing for May 15th. All
- 2:12:20right, Mr. Bent, if you may call, you don't need to come be
- 2:12:24back here at May 15th at 10:00 AM.
- 2:12:27If you don't make long, then you'll be impressive Sheriff,
- 2:12:32and they'll take care of that at that time and then we'll.
- 2:12:37See if you. Hire an attorney by that point.
- 2:12:39If you have hired a Colonel, stay in contact with them.
- 2:12:43They can always request that this.
- 2:12:45Be moved. Potentially if it doesn't meet
- 2:12:47their schedule, but otherwise unless you hear otherwise and at
- 2:12:51that point and be back here on May 15th at 10 AM.
- 2:12:54All right, Thank you, Mr. What's the date?
- 2:12:59May 15th, thank you State of Ohio versus Dustin Mace as
- 2:13:08number CRE 26265. Dustin Mace.
- 2:13:24I've been in contact with his family and they wanted me to
- 2:13:29discuss going to treatment and I have talked with him and if it
- 2:13:33pleases the court, if it's allowed, then he would be coming
- 2:13:37into services with us upon whatever you say about.
- 2:13:42That this is case number CRA 26265 state Ohio this.
- 2:13:45Is Dustin Mays. Mace it's alleged that on or
- 2:13:50about May 7th 126 you've done in the College of attempt because
- 2:13:54of fiscal home and Megan makes a family or household member and
- 2:13:58just said Dustin Mays having been convicted of the prior
- 2:14:01domestic violence offense in violation of Section 291925-A of
- 2:14:05the higher revised total domestic violence that's a
- 2:14:08felony for security. Felons on the 4th degree carry a
- 2:14:11maximum penalty of up to 18 months in prison and up to a
- 2:14:15$5000 fine. You're going to hire an
- 2:14:18attorney? Are you working currently?
- 2:14:23All right, so I will appoint attorney Luke Styer if he's
- 2:14:26still here. OK, now I'll appoint Attorney
- 2:14:42Stratton if he's still here. Something maybe getting some
- 2:14:50more, some work, some workout. All right.
- 2:14:57They wish to be heard on the matter of bombs and scrap.
- 2:14:59This is an F for domestic violence.
- 2:15:03When I asked for a protection order and we would not be.
- 2:15:06Opposed. I'm sorry, what?
- 2:15:09What degree is it? L and 4th degree.
- 2:15:12OK, sorry we're a little overwhelming this.
- 2:15:19To get out on the. Phone to get to an.
- 2:15:23Inpatient. OK.
- 2:15:28Yeah. All right.
- 2:15:28So there is an indication here that Mister Mace could benefit
- 2:15:33from treatment. And so as long as he would agree
- 2:15:37to be assessed and to enter into a residential treatment program,
- 2:15:42we would not oppose an alarm on. And then the issue of how we're
- 2:15:45going to deal with the fact that it's a felony, we'll have to
- 2:15:48address it the later. Date.
- 2:15:51Otherwise we'd want to have a cash assured.
- 2:15:55You're all right, that's been assessed yet?
- 2:16:10No he is approved but I need to do a pre screen.
- 2:16:12I will go back. There.
- 2:16:14But from what I know I'm I'm not positive it's 100%.
- 2:16:20What I'll do? Then is I will give Mr. Mace a
- 2:16:25$5000 OR bond with the condition that he'd be released.
- 2:16:31Another issue Your Honor become aware of is that he's on
- 2:16:35methadone. So I don't know how that.
- 2:16:39He wouldn't, he wouldn't be able to come into services with us on
- 2:16:43methadone. But if he's willing to, OK,
- 2:16:47we'll, we'll switch him to something, yes.
- 2:16:52There's a condition of that he'll be really only focused for
- 2:16:58residential treatment and that is ending the assessment for
- 2:17:04assuming that the assessment goes the way that we believe it
- 2:17:07will go. That's what will happen in the
- 2:17:10event that something comes up. Let us know today and we will
- 2:17:15recall the case. But otherwise from the of
- 2:17:17course, ruling at this point. And Mr. Mace, the temporary
- 2:17:22protection order is going to issue to the benefit of Megan
- 2:17:27mate. That means you can have no
- 2:17:30compact of any sort, whether it be directly.
- 2:17:34Indirectly. Over.
- 2:17:35The Internet. Having.
- 2:17:37Someone call under your path anything with this many
- 2:17:41something for such time of further report if if she may
- 2:17:46come in later and say she doesn't want that, but presently
- 2:17:50that's going to report the order.
- 2:17:51She can have no contact up until the court will decide otherwise.
- 2:17:57We understand that. All right, I'm going to set you
- 2:18:01back. Mr. Stratton, let's come back.
- 2:18:15You wait time on the phone again.
- 2:18:25All right, I'm going to set you back June 15th.
- 2:18:30That'll give you some. Time in here and treating your
- 2:18:32treatment for fighter to make sure that things are going well
- 2:18:34and we can get up and get a report and that'll be a
- 2:18:37preliminary year. All right.
- 2:18:50Stable High Present Edward Ferris.
- 2:18:53Number CRV 24537 Edward Ferris. All right, this is state of
- 2:19:11Ohio. This is echoed fair series
- 2:19:1324537. Mr. Fairs is fair after doing
- 2:19:21arrested. All right, well.
- 2:20:19Anything other than the. Report that you'd like to speak
- 2:20:22about. Sir, I think that this is a bad
- 2:20:26judgment call. We have no tolerance policy.
- 2:20:31However, do I think that he should sit in jail or that he
- 2:20:35should continue treatment? I absolutely think he should
- 2:20:37continue his treatment and I did find another treatment provider.
- 2:20:41If the court allows that, we'll take him into services.
- 2:20:46OK, so. I couldn't hear willing to take
- 2:20:49him into services. Yes, we're willing to accept
- 2:20:51him. All right, Mr. Ferris, anything
- 2:20:54that you would like to say for yourself here today?
- 2:20:57And I've read the report, not going to discuss that openly on
- 2:21:04the record, but is there anything you want to say for
- 2:21:06yourself? OK.
- 2:21:13I mean, is this something you want to be serious about?
- 2:21:15Because what's in the reports pretty serious.
- 2:21:21All right, well, I will. I'm going to set you up on
- 2:21:30today. You're here on the bond
- 2:21:32revocation, but I'm going to. All right.
- 2:21:45I'm going to. Set you a bond at 5000 OR to be
- 2:21:49released only to hometown. And I'm going to caution you,
- 2:21:53Mr. Ferris, that if you do not take this seriously, then the
- 2:22:01time that you have over your head and, and any intake fines
- 2:22:04and, and community service that may be out there is just going
- 2:22:08to be imposed because I'm not going to put up with any more
- 2:22:12nonsense. I have doubts that you're taking
- 2:22:15this serious and this is kind of against my better.
- 2:22:17Judgment the hope you voted, and that's going.
- 2:22:22To be you should probably spend the next week sitting in there
- 2:22:26thinking. About your actions.
- 2:22:28And I'm going to cut you over the break today, give you an
- 2:22:30opportunity to do that. But if you either.
- 2:22:33Done or. You don't do what you're
- 2:22:35supposed to do, OK? And, and I don't see anything in
- 2:22:41the in the record that will give me any indication that what
- 2:22:45you're what you're looking at doing.
- 2:22:47But I just want to be very, very clear that if you mess up,
- 2:22:51you're just going to spend your time.
- 2:22:53You understand that. All right, So now you set it on
- 2:22:56the record. We know you, you understand.
- 2:23:01And so there's not going to be no chance.
- 2:23:04OK All right. So the the bond will be 5000 OR
- 2:23:07at least only to come down recovery for for president
- 2:23:12treatment. Thank you.
- 2:23:18Thank you. Already set for June the 1st for
- 2:23:24pre trial. Let's keep that.
- 2:23:26Date June 1st. All right, good luck.
- 2:23:44State of Ohio versus Jared Meredith, Fixed number CRB 2462
- 2:23:50CRB 221036 AM three CRB 2263 CRB 22920 CRB 19756 Set for what
- 2:24:01you're getting there. It's a state of.
- 2:24:05Ohio versus There's mayor here, B-24. 60. 2, 736.23. 3. .2520
- 2:24:17zero 19756 Here's the point .20602238.
- 2:25:01And Mr. Meredith, I believe you have an issue presently in
- 2:25:06common Police court for that. Who's your attorney on that?
- 2:25:16And. Mr. Scott got scheduled one of
- 2:25:20those ones. That.
- 2:25:21Talk to and this Mr. Scott is the president and attorney.
- 2:25:26And so we're just here on a review and I presume that you're
- 2:25:35being held on the common police case right now.
- 2:25:39Is that what what you're being held on?
- 2:25:41OK, so. I'm.
- 2:25:46I'm just going to set you another review hearing because
- 2:25:51you're maybe academic at this point anyway, depending on what
- 2:25:54happens with your home police case.
- 2:25:56So I'm going to set you a review hearing for June 27th.
- 2:26:17See you back then. State of Ohio versus Logan
- 2:26:29Wright, excuse me, can't call that case yet.
- 2:26:42Waiting for Mr. Smith to get here.
- 2:26:43So Mr. Smith has a message me and ended up in and informed us
- 2:26:52that he's hung up. He may or may not be able to get
- 2:26:54here, but I told him that he's going to try to get here as soon
- 2:26:56as he can. And if he can't, I believe he's
- 2:26:59spoken to someone to stand up for him on his cases.
- 2:27:03But I think he's going to try to get here as quick as he.
- 2:27:06Can he's got a number. Of.
- 2:27:07Cases Bengal Hog versus Brian Elliott picture for CRA 25525
- 2:27:21Mr. Holt's case. This is State of Ohio versus
- 2:27:31Brian Elliott S25525 here 25527 and this is Mr. Holt's case set
- 2:27:41as A and I got a note to finalize this.
- 2:27:46Yes, you are. We have the certificate here,
- 2:27:52yes. He hasn't completed the ground.
- 2:27:54Would you like to see it? You.
- 2:27:56You can't. Budget well.
- 2:28:10Congratulations, Mr. Aliot. Thank you.
- 2:28:22Very commendable for honour and even back a month, two months
- 2:28:29ago, it was discussed when he was here in court that the.
- 2:28:36He was close to me. Completely at that time, so
- 2:28:39we're satisfied that he's done everything he needed to do in
- 2:28:42order for us to live up to our end of the bargain, which was to
- 2:28:45dismiss the charges. Well, sounds like the.
- 2:28:52State is moving to dismiss all charges against Mr. Elliott, and
- 2:28:55I'll happily grant that, considering you've completed
- 2:28:58your treatment and all you've done.
- 2:29:00So congratulations. Thank you, you.
- 2:29:02You're finished. Up here, I appreciate you'll
- 2:29:04give me a chance to do everything right, you know, and
- 2:29:11you saved my life that I appreciate it.
- 2:29:14Glad to hear things are going. Well, and you know, hopefully
- 2:29:16going forward, you can continue to keep Friday and then
- 2:29:23continue. To.
- 2:29:24Do all the same business and doing already.
- 2:29:29Yeah, I'm going to presume myself in treatments, maybe help
- 2:29:33somebody along the way. That'd be great.
- 2:29:37Thank. You all righty friends that will
- 2:29:43do it for today and for the week.
- 2:29:46Obviously we'll post some stuff over the weekend, but we won't
- 2:29:49be live until Monday. That'll be 9:00 AM Eastern, 6:00
- 2:29:52AM Pacific, 1/2 an hour earlier if you're a channel member.
- 2:29:56Yes, on Monday the pre show will come back for channel members
- 2:29:59after a 2 week hiatus and I'm looking forward to that.
- 2:30:01We can start to doing some funny stuff again, so if you are a new
- 2:30:05channel member, do join us for that.
- 2:30:06It's a good time. But yeah, I appreciate all of
- 2:30:10you. It's been a great week.
- 2:30:12I hope everybody has enjoyed it as much as I have.
- 2:30:15Go have yourselves a good weekend.
- 2:30:17I will try to do the same and look forward to seeing y'all on
- 2:30:19Monday. Take care, God bless.