Latest / The Courtroom Files / February 27 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #240

Transcript

February 27 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #240 · The Courtroom Files

• 0:01
  Good morning everybody. Happy Super Friday.
• 0:03
  Welcome to TCF Live. It's a Super Friday.
• 0:06
  So let's get started with Judge as plain spoken as you can get,
• 0:11
  Mr. O'Donnell. Does that medication that you
• 0:29
  took yesterday affect your ability to understand what's
• 0:31
  going on today? No, Sir.
• 0:35
  Have you ever been treated for any mental illness?
• 0:38
  No, Sir. Did you get a copy of this
• 0:41
  indictment? Yes, Sir.
• 0:43
  I understand you're going to plead guilty to aggravated
• 0:45
  possession of drugs of felony 5 as well as the forfeiture
• 0:48
  specifications that your understanding.
• 0:51
  That's your honor. All right.
• 0:52
  Before I accept your guilty plea, I need to determine that
• 0:55
  you know and understand the constitutional rights you'll be
• 0:57
  waiving, the consequences of your guilty plea, and the
• 1:00
  maximum penalty I could give you.
• 1:03
  And I need to be satisfied that you're guilty, please, being
• 1:05
  made freely, knowingly and voluntarily.
• 1:07
  I'm going to ask you some questions.
• 1:09
  If you don't understand a question, let me know.
• 1:12
  If you want to talk to Mr. Fatika some more, let me know
• 1:15
  that and I'll give you more time.
• 1:17
  You understand that? Yes, Sir.
• 1:19
  You have a constitutional right to have a trial either to me or
• 1:22
  to a jury of 12 Lake County citizens.
• 1:24
  You understand that, right? Yes, Sir.
• 1:26
  Are you waiving that right? Yes, Sir.
• 1:28
  If you go to a jury trial, all 12 members must agree to a
• 1:31
  guilty verdict before you can be found guilty.
• 1:33
  Do you understand that right? Yes, your Honor.
• 1:35
  Are you waiving that right? Yes, Sir.
• 1:37
  If you go to trial, the prosecutor will call witnesses
• 1:39
  to testify against you. Do you understand the prosecutor
• 1:42
  must prove you guilty beyond a reasonable doubt at a trial?
• 1:45
  Yes, Sir. After the witnesses are done
• 1:47
  testifying for the prosecutor, you have the constitutional
• 1:50
  right to have your lawyer cross examine the witnesses.
• 1:52
  Do you understand that right? Yes, Sir.
• 1:54
  Are you waiving that right? Yes, Sir.
• 1:56
  If you go to trial, you have the right to have witnesses come
• 1:59
  here and testify for you. Do you understand that right?
• 2:01
  Yes, Sir. Are you waiving that right?
• 2:03
  Yes, Sir. Those witnesses refuse to come
• 2:05
  to court. I'll issue an order called a
• 2:07
  subpoena to make them come and testify.
• 2:09
  Do you understand that right? Yes, Sir.
• 2:11
  Are you waiving that right? Yes, Sir.
• 2:13
  You have the right to testify at trial if you want to.
• 2:15
  Do you understand that right? Are you waiving that right?
• 2:18
  Yes Sir, you have the. Constitutional right to not
• 2:20
  testify at trial if you do not want to.
• 2:22
  Do you understand that right? Yes, Sir.
• 2:24
  Are you waiving that right? Yes, Sir.
• 2:26
  If you decide not to testify at trial, nobody has permitted a
• 2:29
  comment on that decision. Do you understand that?
• 2:31
  Yes, Sir, if. You go to trial and you're found
• 2:33
  guilty of the right to appeal the guilty finding.
• 2:36
  Do you understand that right? Yes, Sir.
• 2:37
  Are you waiving that right? Yes.
• 2:39
  If you file an appeal, you have the constitutional right to have
• 2:41
  a lawyer represent you in the appeal.
• 2:43
  Do you understand that right? Yes, Sir.
• 2:45
  Are you waiving that right? Yes, Sir.
• 2:46
  If you could not afford to hire a lawyer, one would be provided
• 2:49
  at no cost to you. Do you understand that?
• 2:52
  If you file an appeal, you're entitled to have a transcript of
• 2:55
  all the hearings in this case, do you understand that right?
• 2:57
  Yes, Sir. Are you waving that right?
• 2:59
  Yes, Sir. If you could not afford a copy,
• 3:01
  those transcripts, they'd be given to you at no cost.
• 3:03
  Do you understand that? Yes, Sir.
• 3:05
  If you plead guilty today, you will not have the right to
• 3:07
  appeal the guilty finding. Do you understand that?
• 3:10
  Yes, Sir, do. You have any questions about any
• 3:12
  of these rights? No, Your Honor.
• 3:14
  Do you still want to plead guilty to this charge?
• 3:16
  Yes, Sir. You understand by pleading
• 3:18
  guilty, you're fully admitting your guilt to the charge.
• 3:20
  Yes, Sir. You understand by pleading
• 3:22
  guilty to this felony, you're voluntarily giving up your
• 3:24
  freedom for whatever period of time I could send you to prison,
• 3:27
  to jail, or to community control.
• 3:30
  Yes, Sir. Now, the offense of aggravated
• 3:33
  obsession drugs is a felony 5. It carries a 12 month maximum
• 3:36
  prison sentence and a $2500 maximum fine.
• 3:39
  Do you understand that? If you plead guilty to the 4th
• 3:42
  specification and you're voluntarily giving up the item
• 3:46
  listed items listed in the specification, do you understand
• 3:49
  that? Yes, Sir.
• 3:50
  You have another case here, 25 CR 727 that is scheduled for
• 3:56
  sentencing this morning. Now this is a felony 5.
• 3:59
  That other case is a felony 5. Do you understand?
• 4:01
  I could give you a consecutive sentence on these cases.
• 4:04
  Do you understand? That I do.
• 4:07
  If I give you a consecutive sentence, the maximum penalty
• 4:10
  would be 24 months in prison and a $5000 fine.
• 4:13
  Do you understand that? Yes.
• 4:14
  Sir. Are you presently on post
• 4:16
  release control to the Parole Authority?
• 4:19
  No, Sir, do. You understand that your guilty
• 4:21
  plea may result in a driver's license suspension of between
• 4:24
  six months and five years. Yes, Sir.
• 4:27
  I understand your felony conviction will prevent you from
• 4:29
  owning or possessing A firearm. Yes Sir.
• 4:32
  You understand if a prison term is imposed in this case, you
• 4:35
  might have to serve a period of post release control as part of
• 4:37
  your sentence for up to two years under the Adult Parole
• 4:41
  Authority. If you are placed on post
• 4:44
  release control and violate any conditions of parole authority
• 4:46
  could return you to prison for up to nine months for each
• 4:48
  violation, up to 1/2 of my sentence.
• 4:50
  Do you understand that? Yes, Sir, that violation is a
• 4:53
  new felony. You could get an additional
• 4:55
  consecutive prison sentence for that violation.
• 4:57
  Do you understand that? There's, your Honor, if that
• 4:59
  were to occur, the maximum prison sentence for that
• 5:02
  violation would be the greater of 12 months or the time left
• 5:04
  under post release control. Do you understand that?
• 5:07
  I do. Do you understand if a prison
• 5:09
  term is imposed, you are eligible for judicial release?
• 5:12
  Yes, Sir. You could be placed on community
• 5:14
  control for up to five years, but if you violate any
• 5:17
  conditions, I could send you to prison for 24 months. 12 on this
• 5:21
  and 12:00 on the other case. Do you understand that?
• 5:23
  It's your honor. Has anybody promised you that I
• 5:25
  would be lenient on you just because you're pleading guilty
• 5:27
  today? No, Sir.
• 5:28
  Has anybody promised you what I will sentence you to in this
• 5:31
  case? No, Sir, do.
• 5:32
  You understand I do not have to follow the sentencing
• 5:34
  recommendation of either the prosecutor or your lawyer.
• 5:37
  Yes, Sir, Honor. Have you had enough time to talk
• 5:39
  to Mr. Fatika before pleading guilty today?
• 5:42
  Has he discussed everything about your case and answered all
• 5:45
  of your questions? Yes, Sir.
• 5:46
  Are you satisfied with the advice he has given you?
• 5:50
  Yes, Sir. Have you been threatened or
• 5:52
  coerced in any way to plead guilty today?
• 5:55
  No, Sir. Are you freely, knowingly and
• 5:57
  voluntarily entering your guilty plea?
• 5:59
  Yes, Sir, do. You have any questions at this
• 6:01
  point? No, Your Honor.
• 6:03
  Contour If this case went to trial, what would the evidence
• 6:05
  show? Thank your honor.
• 6:06
  The evidence would have shown that on April 27th of 2025 in
• 6:09
  Lake County, Ohio, there was a warrant out for the defense
• 6:12
  arrest. Upon being arrested, his person
• 6:14
  was searched. There was a syringe found in his
• 6:16
  front pant pocket that was sent to the Lake County crime lab and
• 6:19
  determined to contain methamphetamine.
• 6:22
  The amount being less than the bulk amount all.
• 6:25
  Right, Mr. Fatika, Anything they add to those facts?
• 6:28
  No, thank you. Mr. Morton, did you hear what
• 6:31
  Miss Contour said the facts would show if the case went to
• 6:33
  trial? Yes, Your Honor, Are those facts
• 6:36
  true? Yes, your Honor.
• 6:37
  What is your plea to aggravated possession of drugs, a felony by
• 6:41
  guilty, and what is your plea to the forfeiture specification?
• 6:45
  Guilty, Mr. Speaker. Can you have him initial by the
• 6:55
  page 2 by the suboxone? This is what we went over
• 7:12
  because there's a change here. You need to put your initials
• 7:14
  and the date it's 227. Are we OK to sign your Yeah.
• 8:48
  Morton, is this your signature on the written plea of guilty?
• 8:51
  Yes, Sir. Did you sign it voluntarily?
• 8:54
  Yes, I did do. You want me to accept your rich
• 8:56
  plea? Of guilty.
• 8:57
  Please. All right, I will accept the
• 9:00
  written plea guilty the penalties present with Mr.
• 9:02
  Fatika advised all of his rights been annoying intelligent
• 9:04
  voluntary waiver. He understands the nature of the
• 9:07
  charge a consequence of his guilty plea in the maximum
• 9:09
  penalty find it to be known intelligent and voluntary.
• 9:13
  I will accept the plea of guilty and find him guilty of
• 9:16
  aggravated position on drugs and felony 5 and the specification.
• 9:20
  Mr. Fatika, on this case, is he going to waive his right to a
• 9:25
  pre sentence report? Yes, your Honor, all.
• 9:28
  Right, right. So we're ready to go to
• 9:30
  sentencing on 7/27 and on this case.
• 9:32
  Yes, Ron, go ahead. Ron.
• 9:34
  I reviewed the the PSR and the drug and alcohol evaluation
• 9:41
  while acknowledging that Mister Morton has a fairly extensive
• 9:46
  criminal history, does have prior figures on probation.
• 9:51
  The question then becomes well, what's different this time?
• 9:54
  I respectfully suggest to the court he has a nine month old
• 9:57
  son. He's engaged.
• 9:59
  He he does have family support. We submitted a letter from both
• 10:03
  his fiance and his mother. If if he was released after
• 10:09
  treatment, he would reside with his mother until he had stable
• 10:12
  housing with his fiance and son. I think it's telling that a lot
• 10:17
  of people in Mr. Morton's situation are shooting for to
• 10:24
  get out and, and get into an IOP.
• 10:27
  He, he's not saying that. He's saying let me stay in, let
• 10:31
  me do the Geo treatment program, let me do a residential
• 10:36
  treatment program. He, he understands that he needs
• 10:39
  help without demeaning the seriousness of the crimes.
• 10:46
  These are both residue cases, dirty needles.
• 10:51
  I, I think someone with a less serious record, these would have
• 10:56
  been handled in the Municipal Court, which with Mr. Morton,
• 11:01
  you know, kind of makes a reference to in the PSR.
• 11:04
  But for all those reasons, we would ask that you consider
• 11:07
  community control here, consider imposing the recommendations
• 11:10
  contained in the drug and alcohol evaluation.
• 11:13
  All right, Mr. Morton, what do you want to tell me before I
• 11:16
  sentence you? Your Honor, I'd just like to say
• 11:19
  that prior to getting arrested, I did start taking the steps,
• 11:26
  put myself in IOP and the MAT program.
• 11:32
  When I, when I was arrested, I was drug tested coming into the
• 11:37
  county jail. 24 hours in, I passed my drug test that they're
• 11:41
  completely clean for everything. I don't plan on being on the
• 11:46
  Suboxone program forever. I, I plan on getting on a
• 11:50
  Sublocade shot and doing that three times and then being done
• 11:53
  with that. I have a job.
• 11:56
  I have, I'm in college classes. My son's my biggest, my life
• 12:03
  right now, man. I, I cry almost every day, every
• 12:05
  night thinking about him. So I just want to get back to
• 12:09
  him. That's all all.
• 12:13
  Right, it's contour. Thank your Honor, The state is
• 12:16
  recommending prison in this case that I found.
• 12:18
  It has three prior prison numbers from 2014 from 2016 to
• 12:23
  2019, which included a fair firearm specification.
• 12:26
  He was placed on probation in 2022.
• 12:30
  He was not successful and was ultimately sent to prison on 2
• 12:33
  cases from 2022 to 2023. He was on probation in a
• 12:38
  Municipal Court when he committed these offenses, as
• 12:41
  well as being on bond in 727 when he committed 650.
• 12:45
  So the state does not feel that he is amenable to community
• 12:49
  control sanctions and would recommend to prison.
• 12:51
  OK, well, your record indicates that certainly aren't very good
• 12:55
  on probation, so I wasn't on. None of that matters.
• 13:03
  OK, I mean, really, you got a lousy record.
• 13:05
  You got. A lousy probationer and question
• 13:09
  is whether you're ever going to get your shit together.
• 13:11
  OK, so I've considered the the pre sentence report, the support
• 13:17
  that that Mister Morton received, what he had stated,
• 13:21
  what council has stated. I'm going to on both cases.
• 13:24
  I'm going to place you on community control for four years
• 13:29
  on on 7/27, you're going to serve 123 days in the jail with
• 13:33
  credit for 63. On 6:50, to the best of my what
• 13:38
  I can glean here, I'm going to give you 74 days with credit for
• 13:41
  14. So you're going to serve 60 more
• 13:44
  days in jail. The last 30 will be in the jail
• 13:46
  treatment program and you're to follow the recommendations made
• 13:49
  coming out of there. After that you're going to go to
• 13:53
  either Lake House or Concord Pines and that program.
• 13:56
  Complete that program, follow those recommendations.
• 13:59
  You're to have no drugs or alcohol and you'll be screened.
• 14:02
  You're going to get a mental health evaluation and follow all
• 14:06
  recommendations. You're to utilize only one
• 14:09
  doctor, one dentist, and one pharmacy for any prescription
• 14:13
  medication. If you are prescribed medication
• 14:16
  or take it only as prescribed, you're going to sign releases so
• 14:20
  probation can get your records. You're going to complete the
• 14:23
  decision points program through probation and follow those
• 14:27
  recommendations. You're going to attend at least
• 14:32
  4A A or NA meetings per week and obtain A sponsor.
• 14:39
  You ever had a sponsor? Yeah, I have one right now.
• 14:41
  You're honored. OK.
• 14:47
  You're going to, at the appropriate time, obtain and
• 14:50
  maintain full employment. You're going to get a valid
• 14:55
  driver's license. You know what you have to do to
• 14:57
  get a driver's license. Yes, your Honor.
• 14:59
  What do you got to do? I need to contact the BMV and I
• 15:02
  need to start a payment plan and make a payment towards a license
• 15:08
  block that I have. Who's got you blocked?
• 15:11
  I believe Lake County well. One of the municipal courts.
• 15:16
  Yes, Sir. Which one?
• 15:18
  I want to say Painsville. I believe all.
• 15:22
  Right. And you're going to pay the cost
• 15:27
  of supervision fees. So the the exception of the
• 15:30
  jail, all the terms are the same on on both cases.
• 15:34
  You understand all the terms? Yes, Sir.
• 15:36
  Do you have any question about any of the terms?
• 15:38
  No, Sir. OK.
• 15:40
  Well, you know what happens if you violate.
• 15:42
  Right. Yeah, I do.
• 15:43
  OK, if you violate and I find you violated 24 months in
• 15:46
  prison. Yes, Sir.
• 15:54
  Anything else miss contour? Your Honor items forfeited and
• 15:59
  bond released, Yes. Thank you.
• 16:01
  Anything else, Mr. Fatika? No, thank you very much, Your
• 16:04
  Honor. OK, Mr. Mort, That's how you
• 16:06
  want to live. OK.
• 16:08
  Yes, Sir. Good morning once again,
• 16:12
  everybody. Happy Super Friday.
• 16:14
  Welcome to TCF Live. Why Super Friday?
• 16:16
  Because anybody can have a regular Friday.
• 16:18
  We strive for more here at TCF. Couple new faces in the chat.
• 16:23
  Good morning to you guys. Welcome.
• 16:25
  You've stumbled into one of the friendliest and most interesting
• 16:29
  communities in Law tube. This is just a great group, so I
• 16:32
  think you'll like it here. We're going to stay in the
• 16:35
  building, but we'll go over to Judge Colada's court.
• 16:46
  Your Honor, we're here this morning, the stable How versus
• 16:48
  Susan Clark, case number 25 CR 1431.
• 16:51
  The defendant is present in open court through attorney Mr.
• 16:54
  Patika. On February 17th of this year,
• 16:57
  the defendant was found guilty by a jury of Count 1, possession
• 17:00
  of heroin, a felony, the 5th degree.
• 17:02
  Count 2, Possession of cocaine, a felony, the 5th degree.
• 17:05
  Count 3, illegal conveyance of drugs of abuse onto the grounds
• 17:08
  of a specified government facility, a felony of the third
• 17:11
  degree, and count Renumber for trial is Count 4, Possession of
• 17:16
  a fentanyl related compound, a felony of the 5th degree.
• 17:18
  We are here today for the purposes of sentencing.
• 17:23
  Thank you. Take any reason not to go
• 18:10
  forward with sentencing. No, Your Honor.
• 18:12
  Anything you'd like to say on behalf of your client?
• 18:15
  Yes, thank you. I I've reviewed my notes from
• 18:17
  the PSR on 25 CR 320. I'd like to highlight the fact
• 18:22
  that Miss Clark is 44 years old. We understand she's under
• 18:29
  sentence on on the prior case seen the video from from the
• 18:36
  current case really drives home the fact that she was in a bad
• 18:40
  way is in desperate need of help.
• 18:43
  I hope for her is that at some point at the conclusion of her
• 18:46
  son, she she gets the help she needs and turn things around
• 18:50
  again. She's she's 44 years old.
• 18:53
  We'd ask the court to consider she's already serving a year and
• 18:56
  a half. We'd ask the court to consider
• 18:59
  either concurrent term or a consecutive sentence at the
• 19:04
  lower end. Thank you.
• 19:16
  Clark, you have a right to address the court before your
• 19:18
  sentence. You can say anything you'd like.
• 19:19
  Is anything you want to say at this time.
• 19:21
  Yeah, I wrote a letter. Morning, Your Honor.
• 19:26
  Morning. OK, so I wrote once again, we
• 19:39
  sit here and wait. We again, here we are.
• 19:44
  I just don't even know how to convince you that I'm a person
• 19:47
  that deserves a chance. Before you send in to me, I just
• 19:50
  want you to understand what made me the way I am today.
• 19:53
  This is not easy to say out loud, but I feel it's necessary.
• 19:57
  When I was three, my stepbrother took my innocence.
• 20:00
  On more than one occasion, my mom failed to protect me.
• 20:05
  Then, when I was in the eighth grade, my stepfather.
• 20:10
  Who was very creepy to it. Never did what my his son did to
• 20:14
  me. Was accused of molesting my
• 20:15
  cousin. That's when my mom finally
• 20:17
  divorced him but the damage was done.
• 20:20
  I was in downward spiral. Drugs, alcohol, self mutilation
• 20:23
  permits humanity. I was looking for something to
• 20:26
  fill the void and the hurt. I'm guilty of making poor
• 20:29
  choices. I'm my own worst enemy, but I'm
• 20:32
  a good person. I fought my hardest in this case
• 20:34
  to prove that I did not convey drugs into the jail.
• 20:38
  I thought they were already confiscated from me.
• 20:40
  There's no way I could have known that they were underneath
• 20:42
  my EKG sticker. I also want to tell you that I
• 20:47
  lost my daughter Justine to foster care last time I was in
• 20:50
  prison and her dad was sick and in a nursing home.
• 20:53
  She was just finally able to come home last month and I
• 20:56
  failed her once again by choosing drugs.
• 20:58
  I also have a 24 year old daughter, Emma, who has
• 21:01
  struggled with my drug use and being in and out of jail.
• 21:05
  She recently just forgave me as well.
• 21:08
  I've been incarcerated for six months now.
• 21:10
  I still have a year left. Please know that I'm a
• 21:13
  worthwhile person that deserves another shot.
• 21:16
  I'm not making excuses, I hold myself accountable.
• 21:19
  I absolutely broke the law. I deserve to be punished, but I
• 21:22
  also deserve to be seen as something other than a criminal
• 21:26
  and an addict. I'm a survivor, I'm a mother,
• 21:28
  I'm a friend, I have a heart. I mean I mean well.
• 21:33
  I once again apologize. Just please have compassion and
• 21:37
  leniency. My kids need their mom clean,
• 21:39
  strong and healthy. But also home, if you decide to
• 21:42
  give me multiple years on this sentence, can you at least make
• 21:46
  it possible that I get drug and alcohol treatment or maybe run a
• 21:50
  concurrent or able to get a judicial or parole or TC.
• 21:57
  I just find it in your heart to help me and do what's right in
• 21:59
  fear. Prison is a really tough slash,
• 22:03
  sometimes violent place and I'm scared.
• 22:06
  That's all, Your honor. Thank you.
• 22:09
  Thank. You speak anything else?
• 22:12
  No, thank you, Your Honor. Spencer.
• 22:14
  Thank, your Honor. State is recommending prison in
• 22:17
  this case. Miss Clark was sent to prison
• 22:19
  first, given probation and then sent to prison in 2023.
• 22:23
  She's currently serving a sentence for the exact same
• 22:28
  offenses, legal conveyance and possession of drugs.
• 22:32
  She committed these offenses. Well, there was a warrant out
• 22:36
  for her arrest in one case. She committed the other.
• 22:39
  We believe that prison in consecutive time is appropriate
• 22:43
  in this. Case.
• 23:05
  Yeah. Miss Clark, everything that you
• 23:06
  just said in that letter you read, I've heard before from
• 23:08
  you. You say it every time you come
• 23:10
  to court and then you don't get help.
• 23:12
  And you've been given help by the court before.
• 23:14
  It hasn't that we just washed our hands with you from the very
• 23:17
  beginning. You were given treatment.
• 23:18
  You were given help. You had, you had jail treatment,
• 23:21
  you had Neocab, you had Hitchcock Center and you know,
• 23:27
  do you don't take advantage of it.
• 23:31
  I, I, the safest place for you is to being locked up.
• 23:38
  You haven't been with your, your, your family and kids for
• 23:40
  how for years That does that. That doesn't motivate you.
• 23:45
  If that doesn't motivate you, I don't know what would motivate
• 23:47
  you. You've been saying the same
• 23:49
  stuff about your kids and children and wanting to be there
• 23:52
  for them and be together for years and you don't change so
• 23:56
  that that doesn't do anything for you.
• 23:58
  And if that doesn't, I don't know what would.
• 24:06
  You know, it's a responsibility. I don't, I don't know how you
• 24:08
  think the, the badge of the drugs got underneath the, the
• 24:13
  sticker, the tape, the nurses put it there.
• 24:16
  They put it there and left it there so you can bring it into
• 24:19
  jail. You know exactly what happened
• 24:21
  here. Police didn't find it on you and
• 24:25
  you knew you still had it. You knew you were going to jail
• 24:27
  and you knew how you were going to feel when she went to jail.
• 24:30
  And you didn't want to feel that way.
• 24:32
  And you brought that in with you to help you prevent you from
• 24:34
  feeling that way or just to get I.
• 24:38
  But you you. I mean, the only other
• 24:40
  explanation is that doctors or nurses stuck in underneath the
• 24:43
  tape. Does that make any sense?
• 24:56
  I've I've considered the facts and circumstances of this
• 24:58
  offense. I've reconsidered the prior PSR
• 25:01
  that was done. Consider what's been said here
• 25:14
  in court by defendant or lawyer, the prosecutor.
• 25:19
  All this is considering the purposes and principles of
• 25:21
  felony sentencing set forth in 292911.
• 26:01
  So the factors in 2929, twelve factors indicating it's more
• 26:07
  serious and independent overdose here she had to be brought back
• 26:09
  to life by the police as a result of possessing these
• 26:13
  drugs. So at least for counts 1-2 and
• 26:20
  five, we numbered as 4 for trial makes it more serious.
• 26:25
  Nothing makes it less serious. So recidivism factors, she had
• 26:33
  pending charge in this case in this court, excuse me, and a
• 26:39
  warrant was issued because she failed to appear for her
• 26:42
  sentencing. I believe it was at the time she
• 26:45
  committed this offence, she had done another case in front of
• 26:48
  this court. She didn't appear.
• 26:50
  A warrant was issued. She disconded from the area,
• 26:52
  went down to Columbus for a while, came back and came back
• 26:56
  and used drugs and overdosed and that's when she committed this
• 27:03
  offence with that case pending while awaiting sentencing.
• 27:07
  She has a lengthy criminal history, goes back over 25
• 27:20
  years. She has failed in the past to
• 27:34
  comply with previously imposed sanctions ordered by courts.
• 27:38
  She's been given put on probation before, she's been
• 27:41
  given chances, she's been ordered to go to treatment and
• 27:44
  she every single time is violated.
• 27:49
  This court has given her opportunities before treatment.
• 27:52
  She's violated. No genuine remorse in regards to
• 27:59
  I mean, she admits to the possession charges.
• 28:01
  I don't want to I don't want to get the record confused on that
• 28:10
  aspect. But in regards to the felony,
• 28:12
  the third degree, there's no genuine remorse.
• 28:16
  She did completely denies it what she can do, but her her
• 28:18
  denial just defines common sense.
• 28:31
  Those are all factors indicating recidivism is just basically
• 28:34
  guaranteed here. So it's going to continue.
• 28:39
  You don't have to be ordered to get treatment.
• 28:41
  You can go get treatment on your own, but you don't do that.
• 28:53
  No factors in the K recidivism is less likely.
• 29:00
  The 2929 would be thirteen B1 finished previously served
• 29:06
  prison sentence currently serving a prison sentence as
• 29:14
  well for the other case 25 chair 1431 who she was sentenced to
• 29:21
  prison is consistent with the purposes and principles of
• 29:23
  sentencing. Therefore, it'll be the sentence
• 29:34
  of this court. Then it counts 1-2 and five
• 29:46
  renumbered as 4 for purposes of trial.
• 29:49
  Defense to determine prison of 11 months.
• 29:56
  I count 3 as ordered. Court defendants serve a term in
• 29:58
  prison of 18 months. Those are all run concurrent to
• 30:01
  each other. Prison term in this case will be
• 30:03
  served consecutive to the prison sentence.
• 30:10
  This case is 1431. I think I've stated that before,
• 30:14
  but this case will run consecutive to the prison term
• 30:21
  imposed in 25 CR 320. There's no credit in this case
• 30:26
  that she's been getting getting credit on the other case this
• 30:28
  entire time need to advise you upon your release, you may be
• 30:33
  placed on post release control for up to two years.
• 30:36
  If you are and you're violating those conditions, the parole
• 30:38
  authority can return you to prison as punishment for
• 30:40
  violating the rules for another nine months for each violation
• 30:44
  you commit, up to an overall maximum of 50% or half of the
• 30:47
  term imposed. Any additional prison term
• 30:49
  imposed for violating post release controls being imposed a
• 30:52
  part of the sentence at this time for further fines.
• 30:55
  Consecutive services necessary to protect the public from
• 30:58
  future crime. Punish the offender.
• 31:00
  Consecutive sentences are not disproportionate to the
• 31:03
  seriousness of her conduct, the danger she poses to the public,
• 31:09
  and that she committed these offenses while she was awaiting
• 31:12
  sentencing in the history of criminal conduct demonstrates
• 31:16
  the consecutive sentences are necessary to protect the public
• 31:19
  from future crime by the offender.
• 31:22
  Lastly, I need to advise you that you do have the right to
• 31:27
  appeal the conviction in this case.
• 31:30
  Specifically, if you are unable to pay for the cost of an
• 31:33
  appeal, you have the right to appeal without payment.
• 31:36
  If you're unable to obtain an attorney for an appeal, council
• 31:39
  will be appointed for you without cost to do that.
• 31:42
  Further, if you're unable to pay for the cost of documents
• 31:45
  necessary for an appeal, which would include a transcript of
• 31:47
  the entire proceedings of the trial and anytime we are here in
• 31:51
  court, the documents and the transcripts will be provided for
• 31:54
  you without cost. And you have the right to have a
• 31:57
  notice of appeal timely filed on your behalf.
• 32:02
  And I'm assuming we're going to want to probably appoint someone
• 32:05
  in this particular matter for an appeal based on the issues that
• 32:07
  have been brought up. I will.
• 32:09
  The court will appoint an attorney represent you on your
• 32:11
  appeal. Thank you.
• 32:18
  Contra. Is there anything else for the
• 32:20
  record? Your Honor, the only thing that
• 32:21
  did not go to the jury were the forfeiture specifications.
• 32:23
  Oh yeah, I'll forfeit the contraband and instrumentalities
• 32:26
  all up your paraphernalia, No. Thank you.
• 32:30
  Thank you for that speak. Anything else?
• 32:34
  No, thank you, Your Honor. In in the past, you've asked me
• 32:36
  to keep track. Yeah.
• 32:37
  And just make sure the notice of the appeal gets filed.
• 32:39
  I appreciate that. I mean, hopefully we'll get to
• 32:42
  my point here quickly, but if you just don't mind monitoring
• 32:45
  that, make sure that's that right of versus protected.
• 32:47
  Thank you. All righty friends, TCF live on
• 32:53
  a Super Friday. Nice to have you all here.
• 32:55
  I've got my eyes on multiple courtrooms out in Courtlandia
• 32:59
  this morning, but it's weird as it normally is on a Friday.
• 33:02
  Judge Mercer's having tech difficulties.
• 33:05
  Go figure. That seems to be the Jackson
• 33:07
  County norm right now. Many courts are muted.
• 33:12
  Apparently judges have forgotten about hitting or not hitting the
• 33:17
  mute button, whichever direction that goes.
• 33:21
  So, and we're doing our standard Friday, trying to dodge landlord
• 33:25
  tenant as much as possible. But there is stuff going on in
• 33:31
  Lake County. So let's go back to Judge
• 33:33
  O'Donnell, new contestant. Guards to sentencing.
• 33:37
  There is no agreement, but there is mandatory time on count 2.
• 33:44
  Mr. Mulkey, Thank you. Your Honor, after multiple
• 33:47
  conferences with my client as well as the state and review,
• 33:50
  thorough review of the plea paperwork and evidence with my
• 33:52
  client, I believe he desires to enter a plea as stated by the
• 33:56
  state here this morning. All right.
• 33:59
  Is that correct, Mr. Mackey? Yes, Sir.
• 34:00
  All right. How old are you?
• 34:02
  41. How far did you go through
• 34:04
  school? Graduated.
• 34:06
  Are you AUS citizen? Yes Sir.
• 34:08
  Are you able to read, write and understand the English language?
• 34:11
  Yes. Prior to coming to court, have
• 34:13
  you taken any drugs or alcohol or any prescription medication
• 34:16
  within the last 48 hours? No.
• 34:21
  You ever been diagnosed with or treated for any mental illness?
• 34:24
  No. All right, now, before I accept
• 34:30
  your guilty plea, I need to determine that you know and
• 34:33
  understand the constitutional rights.
• 34:35
  You'll be waiting the consequences of your guilty plea
• 34:38
  and the maximum penalty I could give you.
• 34:40
  And I need to be satisfied that you're guilty, please.
• 34:43
  Being made freely, knowingly and voluntarily.
• 34:46
  I'm going to ask you some questions.
• 34:48
  If you don't understand the question and stop me.
• 34:51
  If you want to talk to Mr. Mulkey some more, let me know
• 34:53
  and I'll give you more time. You understand that you have a
• 34:56
  constitutional right to have a trial either to me or to a jury
• 35:00
  of 12 Lake County citizens. You understand that right?
• 35:04
  Are you waiting that right? Yes.
• 35:06
  If you go to a jury trial, all 12 members must agree to a
• 35:09
  guilty verdict before you can be found guilty.
• 35:11
  Do you understand that right? Yes.
• 35:13
  Are you making that right? Yes.
• 35:15
  If you go to trial, the prosecutor will call witnesses
• 35:18
  to testify against you. Do you understand the prosecutor
• 35:20
  must prove you guilty beyond a reasonable doubt at a trial?
• 35:24
  Yes. After the witnesses are done
• 35:26
  testifying for the prosecutor, you have the constitutional
• 35:29
  right to have your lawyer cross examine the witnesses.
• 35:31
  Do you understand that right? Yes.
• 35:33
  Are you waiving that right? Yes, Sir.
• 35:35
  If you go to trial, you have the right to have witnesses come
• 35:37
  here and testify for you. Do you understand that, right?
• 35:40
  Yes. Are you waiving that right?
• 35:42
  Yes, Sir. If those witnesses refuse to
• 35:44
  come to court, I'll issue an order called a subpoena to make
• 35:46
  them come and testify. Do you understand that, right?
• 35:48
  Yes. Are you waiving that right?
• 35:50
  Yes. Do you have the right to testify
• 35:52
  a trial if you want to. Do you understand that right?
• 35:55
  Are you waving that right? You have the constitutional
• 35:58
  right to not testify a trial if you do not want to.
• 36:01
  Do you understand that, right? Are you waving that right?
• 36:05
  If you decide not to testify a trial, nobody is permitted to
• 36:08
  comment on that decision. Do you understand that if you go
• 36:12
  to trial and you're found guilty, you have the right to
• 36:14
  appeal the guilty finding? Do you understand that right?
• 36:17
  Are you waving that right? If you file an appeal, you have
• 36:21
  the constitutional right. They have a lawyer represent you
• 36:23
  in the appeal. Do you understand that right?
• 36:25
  Are you waving that right? If you could not afford to hire
• 36:28
  a lawyer, one will be provided at no cost to you.
• 36:30
  Do you understand that if you file an appeal, you're entitled
• 36:34
  to have a transcript of all the hearings in this case?
• 36:36
  Do you understand that right? Are you waving that right?
• 36:40
  If you could not afford a copy those transcripts, they'd be
• 36:42
  given to you at no cost. You understand that if you plead
• 36:46
  guilty today, you will not have the right to appeal the guilty
• 36:48
  finding. Do you understand that?
• 36:50
  Do you have any questions about any of these rights?
• 36:53
  You still want to plead guilty to count too.
• 36:56
  Yes, Sir. Do you understand by pleading
• 36:58
  guilty, you're fully admitting your guilt to the charge?
• 37:01
  Yes, Sir. Do you understand by pleading
• 37:02
  guilty to this felony, you're voluntarily giving up your
• 37:05
  freedom for whatever period of time I could sent you to prison,
• 37:07
  to jail or to community control? Yes, Sir.
• 37:11
  Now, Count 2, operating a vehicle under the influence of
• 37:14
  alcohol, drugs or a combination is a felony of the third degree.
• 37:20
  It carries a maximum prison sentence of 60 months and a
• 37:25
  maximum fine. Is that the maximum or that's
• 37:29
  just the mandatory? The mandatory is the 1540.
• 37:33
  Max is 55. The Max is 10,500.
• 37:37
  So the maximum fine will be $10,000.
• 37:41
  Do you understand that 10,500? Do you understand that?
• 37:47
  Now with regard to this, the sentence on this case, there's a
• 37:51
  mandatory sentence of at least 120 days in prison.
• 37:55
  Do you understand that? And with regard to the fine,
• 37:59
  there's a it's mandatory and the minimum amount would be $1540.
• 38:04
  Do you understand that? Yes.
• 38:07
  All right, now, after your mandatory, say, for instance, I
• 38:13
  gave you a mandatory prison term of 120 days, I could then place
• 38:17
  you on community control for up to five years, do you understand
• 38:20
  that? And if I did that and you
• 38:24
  violated any conditions, I could send you to prison for up to 60
• 38:27
  months, do you understand that? Or I could just give you a
• 38:30
  sentence of 60 months, do you understand that?
• 38:32
  OK, so you've got to do at least 120 days, but you can do up to
• 38:35
  60 months, you understand that? Any questions about?
• 38:38
  That all. Right.
• 38:40
  There's also a mandatory, you would have to engage in a
• 38:44
  mandatory drug and alcohol addiction program.
• 38:47
  Do you understand that? There's also a mandatory
• 38:50
  driver's license suspension of at least three years up to a
• 38:54
  permanent revocation of your license, do you understand that?
• 38:58
  And there's a mandatory forfeiture of the vehicle used
• 39:01
  at the time of the offense if it is registered to you, do you
• 39:04
  understand that? OK.
• 39:07
  Any other penalties I missed here?
• 39:09
  Miss election? No, Your Honor, that does cover
• 39:12
  it. However, I did realize there's a
• 39:14
  mistake on page two of the written plea of guilty.
• 39:16
  Under the first chart. I have the Revised Code section
• 39:20
  for count 2 as A1A. It should be a 2, but you did
• 39:24
  cover all the penalties. A1A.
• 39:27
  It should just be 828. 2 OK, all right.
• 39:43
  Now, Mr. Mackey, if IA prison term is imposed in this case
• 39:50
  beyond the 120 days, then upon your release you might be placed
• 39:57
  on post release control for up to two years under the Parole
• 40:00
  authority. Do you understand that?
• 40:02
  If you are placed on post release control and violating
• 40:05
  conditions of parole, authority can send you back to prison for
• 40:07
  up to nine months for each violation up to 1/2 of my
• 40:10
  sentence. Do you understand that?
• 40:13
  If the violation of post release control is a new felony, then
• 40:16
  you could get an additional consecutive prison sentence for
• 40:19
  the violation, do you understand that?
• 40:21
  And if that were to occur, the maximum prison sentence for that
• 40:24
  violation would be the greater of 12 months for the time left
• 40:27
  under post release control. Do you understand that If I
• 40:30
  impose a prison term beyond the 120 mandatory days, you would be
• 40:36
  eligible for judicial release after that mandatory time?
• 40:39
  Do you understand that? Now, as I said, after that
• 40:45
  mandatory term of prison of 120, I could put you on community
• 40:49
  control for up to five years, but if you violate, I could send
• 40:51
  you back to prison for up to 60 months.
• 40:53
  You understand that? Yes, Sir.
• 40:56
  All right. Now, has anybody promised you I
• 40:57
  would be lenient on you just because you're pleading guilty
• 41:00
  today? No.
• 41:01
  Has anybody promised you what I will sentence you to in this
• 41:04
  case? No.
• 41:05
  Do you understand at the time of sentencing I do not have to
• 41:08
  follow the sentencing recommendation of either the
• 41:10
  prosecutor or your lawyer? Have you had enough time to talk
• 41:14
  to Mr. Mulkey before pleading guilty today?
• 41:17
  Yes. He discussed everything about
• 41:20
  your case and answered all of your questions.
• 41:22
  Yes, Sir. Are you satisfied with the
• 41:24
  advice he has given you? Yes.
• 41:26
  Have you been threatened or coerced in any way to plead
• 41:29
  guilty today? Are you freely, knowingly and
• 41:32
  voluntarily entering your guilty plea?
• 41:34
  Do you? Have any questions at this
• 41:36
  point, Miss Alessia, If the case went to travel, the evidence
• 41:41
  show. The evidence would show that on
• 41:42
  November 13th, 2025 at 12:09 AM, Quick Lift officers are working
• 41:47
  a traffic detail on State Route 2 where they observed a vehicle
• 41:51
  and turned to the construction zone, almost striking the
• 41:53
  workers. The vehicle was swerving in and
• 41:55
  out of the lane and continued on State Route 2 eastbound where
• 41:59
  the officer then initiated a traffic stop and identified the
• 42:02
  defendant as the driver and sole occupant of the vehicle.
• 42:06
  The officer, upon speaking with the defendant, detected an odor
• 42:08
  of alcohol, his speech was slurred, and he was unsteady on
• 42:11
  his feet. Once he was asked to exit the
• 42:13
  vehicle. The defendant refused to submit
• 42:15
  to standard field sobriety test and later refused to provide a
• 42:18
  breath sample. The defendant did acknowledge
• 42:20
  that he had been drinking on that day.
• 42:23
  During an inventory of the vehicle, officers located an
• 42:26
  empty bottle of Sutter Home Pinot Grigio and a receipt from
• 42:29
  Old World Tavern from about just an hour prior to the incident
• 42:33
  where the defendant had purchased 10 drinks.
• 42:37
  The defendant had previously been convicted of violations of
• 42:41
  the OVI statute within 20 years of this conduct as outlined in
• 42:45
  the indictment, including a prior felony violation.
• 42:48
  Thank you. Thank you, Mr. Malky.
• 42:50
  Anything to add to those facts? No, you're not.
• 42:52
  Mr. Mackey, did you hear what Miss Aleshi said that the facts
• 42:55
  would show if this case went to a trial?
• 42:57
  Yes, Sir. And are those facts true?
• 43:00
  Yes. What is your plea to count to?
• 43:02
  Operating a vehicle under the influence of alcohol, a drug of
• 43:04
  abuse, or a combination in Felony 3 Malky, I've changed the
• 43:14
  code section on there. So you want to add an initial on
• 43:18
  page 2. I just changed the code section.
• 43:30
  If you can just put your initials next to that one.
• 43:38
  Almost done signature part here. I've witnessed the defendant,
• 44:16
  his attorney said. They're plead guilty.
• 44:18
  I've signed it as well. My approach.
• 44:27
  Mr. Mackey, is this your signature on the written plea of
• 44:30
  guilty? Yes.
• 44:32
  Did you sign it voluntarily? Yes.
• 44:34
  Do you want me to accept your written plea of guilty?
• 44:36
  Yes, accept the written plea guilty.
• 44:39
  Defendant was president. Mr. Mulkey advised all of his
• 44:42
  right swinger knowing intelligent voluntary waiver.
• 44:44
  He understands the nature of the charge.
• 44:46
  Consequence of his guilty plea in the Maxwell penalty.
• 44:49
  Fined to be knowing, intelligent, voluntary.
• 44:51
  Will accept his plea of guilty and find him guilty of count 2O
• 44:55
  VIA felony of a third degree. I'm going to refer this for
• 44:58
  presets report in the drug and alcohol evaluation.
• 45:01
  Sentencing will be on March 26th at 11 AM.
• 45:08
  Anything else, Miss Aleshi? No, Your Honor.
• 45:12
  Thank you. Mr. Mulkey.
• 45:14
  No, Your Honor, Thank you all. Right, we're adjourned.
• 45:17
  It's all right, Okie dokie friends.
• 45:20
  So great. Granny asked earlier if she said
• 45:26
  can an appellate court add more time if an appeal is denied?
• 45:30
  So here's your answer. Yes, an appeals court can
• 45:34
  increase the sentence, although it is not the typical outcome.
• 45:37
  While appeals courts usually are usually well, appeals rather are
• 45:41
  usually filed to reduce the sentence.
• 45:42
  Appellate courts may increase one if the original sentence was
• 45:46
  found to be illegally lenient, below mandatory minimums, or
• 45:51
  upon a prosecution appeal regarding sentencing.
• 45:56
  Key details. Exceptions to the rule.
• 45:59
  Although generally sentences are not increased, they can be if
• 46:03
  the initial sentence did not adhere to legal guidelines.
• 46:07
  Prosecution appeals. If the state or prosecution
• 46:09
  appeals a sentence on the grounds that is too lenient, the
• 46:12
  appellate court may increase it. Risk involved if a dependent.
• 46:17
  If a defendant rather appeals their sentence takes the risk
• 46:21
  that the appellate court may review the case and determine if
• 46:24
  it should be harsher. Notice of increase.
• 46:27
  In some jurisdictions, the court may inform if may have formed
• 46:32
  the appellant rather if they are considering increasing the
• 46:35
  ascendant the sentence, allowing the defendant to potentially
• 46:38
  withdraw the appeal. So there's your answer.
• 46:42
  Yes, it is possible for them to increase the sentence.
• 46:45
  So you know, the more you know. All right, looks like Judge
• 46:50
  Mercer got his tech issues sorted, so let's go down there
• 46:53
  for his first appearances. Appearance process.
• 46:56
  We have Mr. John McDaniel, Assistant Public Defender at the
• 46:58
  jail. He is your attorney for today's
• 47:01
  purposes. In our courtroom, we have Mr.
• 47:02
  Gill, our prosecutor. I want to make sure you can see
• 47:05
  and hear him. So I'm going to ask Mr. Gill to
• 47:06
  introduce himself. Lawrence Gill on behalf of the
• 47:09
  state. Thank you.
• 47:10
  Is his audio and video working? OK?
• 47:11
  OK, Corporal. Yes, Sir.
• 47:13
  Perfect. We have one person that has
• 47:15
  friends or family here, and that's Erica Smith.
• 47:17
  Smith. Miss Smith.
• 47:23
  Good morning, Miss Smith. Your husband and your sister are
• 47:26
  in the courtroom. Miss Smith, you're here because
• 47:27
  you've been accused of multiple felonies, ma'am.
• 47:30
  You've been accused of two counts of Grand Theft, 4 counts
• 47:33
  of exploitation of a disabled adult, 6 counts of Grand Theft
• 47:36
  of controlled substance, 4 counts of organized scheme to
• 47:39
  defraud, two counts of trafficking and oxycodone, 4
• 47:43
  counts of trafficking hydrocodone, and two counts of
• 47:45
  petty theft. I've read the complaints.
• 47:48
  There are, I think about 7 complaints.
• 47:50
  There is probable cause for these offenses.
• 47:53
  I'm also aware that you're on probation, but unless council
• 47:56
  corrects me, it looks to me like all of these charges clearly
• 47:59
  occurred before you're on probation.
• 48:00
  One of them is a continuing crime and that's the one of the
• 48:06
  Grand Theft. Arguably it occurs or continues
• 48:10
  to occur. It's allegedly not returning
• 48:12
  property that belonged to her employer.
• 48:14
  But I don't know this type of allegation that I would hold her
• 48:18
  for. I'd certainly consider input
• 48:19
  from the state. So you got some very serious
• 48:22
  charges against you, Miss Smith? I'm going to, I'm going to
• 48:25
  listen to the two attorneys before I address your bond
• 48:27
  status. Mr. McDaniel, anything on behalf
• 48:29
  of Miss Smith? Got it.
• 48:31
  We just asked for a reasonable bond.
• 48:33
  Thank you, Mr. Gill. Judge, we'd just be asking for a
• 48:37
  reasonable bond. We would note that she is on
• 48:39
  probation. I I need to review to see if we
• 48:42
  are going to file any motion to revoke her bond on a violation.
• 48:46
  But we'd be asking that she not be able to possess or consume
• 48:51
  illegal narcotics, that she's able to make bond.
• 48:53
  And the state has already lodged A NEVIA motion to determine
• 48:58
  source of bail of whatever the court establishes as bond.
• 49:01
  So, Miss Smith, the total allegations include thousands of
• 49:06
  controlled substance, prescription painkillers that
• 49:08
  you have allegedly taken and they disappeared wherever that
• 49:13
  that's the accusation. You've not been convicted of
• 49:15
  anything, ma'am, but you have some very serious charges.
• 49:17
  You have 6 different first degree felonies accused filed
• 49:21
  against you or you've been arrested for and those first
• 49:24
  degree felonies all carry minimum mandatory such terms of
• 49:27
  imprisonment if you're convicted.
• 49:28
  I did look up some of the weights that are alleged in the
• 49:31
  complaint and they would be carrying 25 year minimum
• 49:33
  mandatory they're. Very serious charges.
• 49:35
  The reason I'm telling you that is you're going to get very
• 49:37
  serious bonds because the bonds correspond to the charges in the
• 49:40
  Grand Theft charges. Two of those, you're bond to be
• 49:42
  $5000 each. I'll kind of go slow with these
• 49:44
  because I know that the jail and our deputy clerk have to write
• 49:47
  these down. Exploitation of disabled adult,
• 49:50
  those are also third degree felonies.
• 49:51
  You're bond to be $5000. There's four of those charges.
• 49:55
  Grand Theft, a controlled substance to be the same bond,
• 49:57
  $5000 each. There's six of those.
• 50:01
  We're going to ask scheme to defraud to be the same bond,
• 50:03
  $5000 each. There are four of those, the
• 50:07
  trafficking and oxycodone and hydrocodone, the most serious
• 50:10
  charge you have because they're trafficking charges your bond to
• 50:12
  be $50,000 each. There are six of those and the
• 50:17
  pay theft is the misdemeanor there $2500 each.
• 50:19
  There are two of those. If my math is right, your total
• 50:24
  bond becomes 380 five, $385,000 cash or surety.
• 50:31
  It's your total bond and you have a condition of random
• 50:34
  urinalysis on that bond. I'm not going to hold you
• 50:37
  without bond because it appears to me that the the one charge
• 50:44
  that may have occurred or continue to occur after you're
• 50:47
  on probation also could have been filed months ago
• 50:51
  potentially. So I don't really know that I'm
• 50:53
  comfortable holding you without bond.
• 50:55
  The state may ask this Judge Garcia to revoke your bond or
• 50:58
  issue a warning the VOP. And if they do, she'll review it
• 51:01
  and that'll be her call. But I'm not going to do it
• 51:03
  summarily without your attorney having a chance to look at it
• 51:05
  closer as well as Mr. Gill giving him a chance to look at
• 51:07
  it closer. So the reason the bond is that
• 51:10
  high is because she's accused of 6 counts of trafficking in drugs
• 51:14
  and the allegations are over the course of four or five years,
• 51:16
  she allegedly stole thousands of painkilled prescriptions.
• 51:21
  That's what she's accused of. Not convicted, very serious
• 51:24
  charges she's accused of. I'm going to see if your family
• 51:27
  has any questions. Do y'all have any questions?
• 51:32
  She can certainly ask for bond reduction.
• 51:33
  She has to show up either that the bond is unreasonable or
• 51:37
  inability to pay is 1 factor. And the other factor is things
• 51:40
  that the the judge presiding over the case may be aware of
• 51:43
  that I'm not aware of today. This is just her initial bond.
• 51:46
  It's certainly possible. Even if it's reduced, you've got
• 51:48
  to realize she's got 6 trafficking charges.
• 51:50
  So if they cut it in half, it's still a still a large bond
• 51:53
  because she's got very serious charges if she's convicted.
• 51:56
  As Mr. Gill said, there's a mandatory presence in it for
• 51:59
  those trafficking cases if she's convicted.
• 52:02
  Any other questions? Judge, we are aware of.
• 52:05
  Her condition she has to have. She had.
• 52:11
  A kidney transplant so. I want to make sure she can hear
• 52:14
  you. So if you'll come on up, your
• 52:15
  sister's saying some things and I just don't know that you can
• 52:17
  hear her. So I want to make sure she can
• 52:19
  hear you. You can hear her.
• 52:20
  I'm sorry. Go ahead, please.
• 52:22
  She had a kidney transplant, so she has to take anti rejection
• 52:26
  medicine every day at 9:00 at night.
• 52:28
  So that's a big factor. She has to stay in a very clean
• 52:31
  environment, sterile environment.
• 52:35
  So I don't know. When When was this?
• 52:39
  When was the transplant 2? 1000.
• 52:45
  And 17 or 8, eight or nine years.
• 52:47
  How was she able to pick up patients and take them to
• 52:49
  doctor's appointments and take them to the pharmacy and stuff
• 52:51
  like that if she had to stay in a clean and sterile environment
• 52:54
  all the time? That doesn't make sense to me.
• 52:56
  Well, she was the supportive living coach, so she she didn't
• 52:59
  live there, stay there with them.
• 53:00
  Right. But she took them places and
• 53:01
  transported them back and forth to places, according to the
• 53:03
  complaint. Well, they're they're.
• 53:05
  Clean, I mean. But the jail is not any less 30
• 53:08
  than the public areas you go into an A pharmacy or a doctor's
• 53:11
  office. Well, all right, So just make
• 53:14
  the jail aware. She does have some specific
• 53:16
  medical needs, Corporal, make sure this the medical staff's
• 53:18
  aware of that. That's not going to affect the
• 53:20
  bond she gets. Right.
• 53:20
  OK. Thank you.
• 53:21
  Thank you. Mr. McDaniel, you wanted to say
• 53:23
  something? Yeah, we just asked you.
• 53:25
  You know, take into consideration, you know that
• 53:27
  when you sit in a bond. You know that.
• 53:28
  You know from the. Statutes and stuff.
• 53:30
  It should be a reasonable. Bond, I know.
• 53:32
  Kind of set it for what the standard is for each charge.
• 53:35
  But she's got no criminal history before that, you know,
• 53:37
  that last recent charge, you know, and we just asked that
• 53:41
  court to consider that, you know, $385,000.
• 53:44
  She's not going. To make.
• 53:45
  I mean, she's. A nurse.
• 53:46
  She was a nurse before. I mean, that is a awful.
• 53:49
  Lot of money and. It should be some kind of
• 53:51
  reasonable bond that she's able to make.
• 53:53
  And this is not a common balance or anything that I'm aware of,
• 53:56
  so. Just.
• 53:57
  Take those things into consideration.
• 53:59
  She's accused of putting thousands of pills onto the
• 54:02
  street or somewhere, and I mean thousands, perhaps 10s of
• 54:05
  thousands. If I had them together, they're
• 54:06
  over 10,000 pills that are missing.
• 54:08
  But she allegedly picked up from the pharmacist and did not give
• 54:12
  to the individual. She's allegedly, you look
• 54:15
  surprised. So the accusation is you take
• 54:18
  the individuals, the special needs individuals.
• 54:20
  I'm telling her, her family what the accusation is so they'll
• 54:22
  know. She's accused of taking a
• 54:24
  special needs individuals that she was in charge of to the
• 54:26
  doctor, getting a medical prescription for a large amounts
• 54:29
  of pain medicine over the course of four, about four years.
• 54:32
  Then going to the pharmacy, getting a prescription filled,
• 54:34
  taking the patient back to the assisted living facility, never
• 54:38
  logging in any of the pills ever.
• 54:40
  None of the patients show any pills logged, which is part of
• 54:44
  her requirements. So the the thousands of pills
• 54:48
  that she picked up from the pharmacy, according to the
• 54:50
  pharmacist, no one knows what happened to it.
• 54:52
  That's why it's such a serious charge.
• 54:56
  So. From four to five years, yes,
• 55:00
  yes. When she got in trouble with
• 55:02
  embezzlement stuff, they started doing a closer look at the not
• 55:05
  embezzlement the the the uttering force instrument thing
• 55:07
  she's on probation for. They started looking closer at
• 55:09
  the medical records and they couldn't find any of these
• 55:12
  pills. And when they started doing the
• 55:14
  financial accounting of the her clients monies, there was
• 55:17
  monthly payments to pharmacies that no one knew what was for.
• 55:21
  And the complaint alleges that that led to what were these?
• 55:25
  What were these expenses for every month?
• 55:27
  And that led to the missing pills.
• 55:30
  So that's an accusation. She's not been convicted, but
• 55:32
  there is evidence of thousands of missing pills that supposedly
• 55:36
  were put in her possession. That's what she's accused of.
• 55:40
  OK, So you've got the right to post the bond.
• 55:42
  I have taken into account everything Mr. McDaniel said.
• 55:44
  And I'm very concerned about the the pills disappearance.
• 55:48
  That's why the bond is where it is.
• 55:49
  I wish you the best, ma'am. You'll get to use the phone
• 55:51
  shortly to try to post the bond. Thank you all for coming.
• 55:57
  We do need, I'm not going to hold on the VOP.
• 55:58
  We do need to give her a notice for a court date.
• 56:00
  Corporal, when would that be? 47.
• 56:04
  April 7th at 8:30. Thank you.
• 56:06
  April 7th at 8:30, be a court date, ma'am.
• 56:08
  Sir, That's it for friends or family, Mr. McDaniel, so we can
• 56:12
  go back to the top of the docket, that's David Albright.
• 56:20
  Mr. Albright. Good morning.
• 56:21
  Mr. Albright, You're here because you're going to use A1
• 56:23
  count of driving while license suspended or revoked, Sir.
• 56:26
  There is probable cause in the complaint, Mr. Albright, and I
• 56:30
  think you're going to be entitled to a bond.
• 56:32
  But let me listen to the two attorneys and make sure I'm not
• 56:34
  missing anything. Mr. McDaniel, Anything on behalf
• 56:36
  of Mr. Albright? No, Your Honor, Mr. Nothing from
• 56:40
  the state owner. Mr. Albright, I'm going to set
• 56:42
  your bond at $2500 cash or surety.
• 56:45
  Sir, you have a condition not to drive a motor vehicle as part of
• 56:47
  the bond. According to the complaint, you
• 56:49
  haven't had a license in many, many years.
• 56:51
  That's the basis for that condition.
• 56:53
  If you get a license, you surely can come back to court and and
• 56:55
  ask for permission to drive. And if you get a license out,
• 56:58
  I'm certainly going to consider that.
• 57:00
  But otherwise, unless that is approved first, no driving and
• 57:05
  you have the right to post a bond.
• 57:06
  You'll get a chance to use the phone in a few minutes, Sir.
• 57:09
  You also be given a notice for your court date, which will be
• 57:15
  March the 30th at 9:00 AM. Will be your notice.
• 57:18
  All right. Any questions, Sir?
• 57:20
  No, Sir. All right.
• 57:21
  Have a good day, Sir. Brantley.
• 57:24
  Herman. Mr. Herman.
• 57:26
  Good morning. Mr. Herman.
• 57:27
  You're here on a no bond warrant out of Circuit Court for
• 57:30
  allegedly failing to appear at a pretrial conference.
• 57:32
  Mr. Herman, the warrant has no bond.
• 57:35
  It's signed by the Circuit Judge.
• 57:36
  You're going to be held until you can get over the Circuit
• 57:37
  Court and get this case resolved.
• 57:39
  Do you have an appointed attorney that Mister Mcdaniel's
• 57:41
  office can notify or do you have a hired attorney in that case or
• 57:44
  neither? They got, they got a pleaded
• 57:48
  today. They're pleading it out today.
• 57:49
  They know about it. Good deal.
• 57:50
  Just want to make sure that you're all, everybody's on the
• 57:52
  same page right now. You've got no bond right now.
• 57:54
  You've got no bond. Any questions, Mr. Herman?
• 57:59
  I signed my plea. Deal yesterday.
• 58:01
  Other than that, no Sir. Good.
• 58:03
  Luck all right. Wish you the best Sir.
• 58:05
  I know the judge Garcia is in conference, but she may be
• 58:08
  coming back today. I'm not sure when she's coming
• 58:10
  back. I talked to her yesterday.
• 58:11
  She's in a conference. So in his case, we need to give
• 58:16
  him a notice for the next pretrial date, but his attorney
• 58:19
  may bring him up earlier than that.
• 58:21
  Corporal. It's a lot.
• 58:23
  More rain today. It'll be a pretrial date and
• 58:25
  we're going to try to figure out when that is.
• 58:26
  Mr. Gill, any chance you know? Pretrial date.
• 58:29
  Next pretrial for public defender.
• 58:31
  It's March 10th, March 10th. Thank you.
• 58:34
  Thank you, Mr. McDaniel. Anything else in that case?
• 58:36
  Corporal. No, Sir.
• 58:38
  Thank you. Yes, Sir.
• 58:40
  So I don't know. You told me that.
• 58:43
  I said at least that. Yesterday.
• 58:46
  March 10th, anytime. Nicholas Eubanks.
• 58:49
  Mr. Eubanks, Good morning. Mr. Eubanks, you're here for one
• 58:52
  new charge of petty theft between 100 and $750.
• 58:55
  Mr. Eubanks, there is probable cause for that offense.
• 58:58
  And Mr. Eubanks, I'm going to appoint the public service to
• 59:00
  represent you, and I'm going to ask that you listen to Mr.
• 59:02
  McDaniel, your attorney. I've spoke to Mr. Eubanks at
• 59:05
  this point of time, he's going to be a no contest.
• 59:06
  The charges listed, the understanding he'll be sentenced
• 59:08
  30 days in county jail, $370 fine served on the restitution.
• 59:13
  So Mr. it's agreeable to state, Your honor, my question is can
• 59:22
  we go ahead and get the restitution done?
• 59:23
  So we want to deal with it later.
• 59:24
  I would like does it have an amount in there anywhere?
• 59:28
  I don't think it does. So the officer didn't the.
• 59:32
  Total combined value of all stolen items is 100 and 1814.
• 59:36
  And then to the next question, is any of it resellable?
• 59:41
  It doesn't mention recovering any of it in the complaint, does
• 59:43
  it? I.
• 59:44
  Think they talked about seeing it at.
• 59:45
  The house, I think the best we can do is restitution, not to
• 59:48
  exceed. I would like that.
• 59:50
  What amount would you say? 11814 Mr. McDaniel, are you OK
• 59:54
  with restitution not to exceed 11814?
• 59:58
  Yes, your Honor. So maybe less than that, Mister
• 1:00:01
  Eubanks. It certainly won't be more than
• 1:00:02
  that, Mister Eubanks. Mr. Gill, first of all, is that
• 1:00:04
  the grip over the state? It is honor.
• 1:00:06
  Mr. Eubanks. Did you hear that agreement,
• 1:00:07
  Sir? Yes, Sir.
• 1:00:09
  Mr. Eubanks, is that the plea you would like to enter?
• 1:00:12
  Yes, Sir. Mr. Eubanks, I'm going to accept
• 1:00:14
  your plea of no contest to 1 count of petty theft.
• 1:00:16
  Mr. Eubanks, I'm going to judge you guilty of that offense, sent
• 1:00:19
  you to 30 days in jail, give you credit for the one day that
• 1:00:24
  you've already served, 370 court costs and fines.
• 1:00:29
  You can get a chance to work that off at the jail, Mr.
• 1:00:31
  Eubanks. Restitution not to exceed
• 1:00:32
  1/18/14. And Mr. Eubanks, no, no
• 1:00:37
  probation involved. You finish this jail sentence.
• 1:00:39
  You're through with this case. Mr. Eubanks.
• 1:00:40
  I need to make you aware of something that I'm pretty sure
• 1:00:43
  this is your second petty theft conviction.
• 1:00:45
  And the reason I want you to know that is under Florida law,
• 1:00:49
  if you're charged with this again, it could go to felony
• 1:00:51
  court. Mr. Eubanks.
• 1:00:53
  Which is prior was a withhold, so this would be.
• 1:00:56
  Thank you. Even after the violation, it was
• 1:00:58
  a withhold withhold violation of PTL.
• 1:01:00
  Oh, was there a violation? I well in the court record it
• 1:01:03
  said withhold so. And it very well may have been
• 1:01:05
  your third one is a felony or can be a felony.
• 1:01:07
  And I I want you to know that I don't, I want you to realize
• 1:01:10
  this gets more and more serious. Mr. Eubanks.
• 1:01:12
  OK. I don't recall if he was
• 1:01:15
  adjudicated or not, but withhold adjudication is not going to
• 1:01:17
  matter on the the PCs 3. Launch.
• 1:01:20
  No, it does. For petty theft, it has to be a
• 1:01:24
  conviction. For battery it doesn't.
• 1:01:25
  It's very confusing because some charges it does matter and some
• 1:01:28
  it doesn't and I always come. Battery doesn't even if with a
• 1:01:31
  withhold it's it's enhanceable. Petty theft requires 2 prior.
• 1:01:34
  Convictions adjudicated guilty. OK.
• 1:01:36
  So it the bottom line is it becomes a felony at some point.
• 1:01:39
  Mr. Eubanks, you need to understand that you need to, you
• 1:01:42
  know, don't be in charge of this in the future.
• 1:01:43
  Mr. Eubanks do you have any questions?
• 1:01:46
  All right, Sir, wish you the best.
• 1:01:49
  We have Arthur Panka. Mr. Panja, good morning.
• 1:01:59
  You're here for first appearance accused of 1 count of driving on
• 1:02:01
  the influence and one count of refusal to submit to a breath
• 1:02:05
  alcohol test. Mr. Panja.
• 1:02:07
  There is probable cause for the offenses, Sir, And my
• 1:02:10
  understanding is this is a bond analysis.
• 1:02:12
  Mr. McDaniel Well, yes, we just asked for a cash bond.
• 1:02:15
  I mean, he lives locally, he owns a business locally.
• 1:02:18
  He's not going nowhere. He owns a local hotel.
• 1:02:20
  So we just asked for a cash bond.
• 1:02:23
  Let him. Mr. Gill I I normally don't have
• 1:02:28
  a problem with the cash bond as long as the state's in
• 1:02:30
  agreement. You know, there's a statute that
• 1:02:32
  discourages it. But if the state's in agreement,
• 1:02:35
  I have no problem with the cash bond.
• 1:02:36
  Judge, I don't have. His.
• 1:02:38
  Prior record. Does he have any prior?
• 1:02:39
  Records. He has one.
• 1:02:40
  Well, the record shows nothing in Florida.
• 1:02:42
  The record reflects one prior arrest in 2021.
• 1:02:49
  And sometimes it's hard to find the state.
• 1:02:55
  It said this says Decatur County.
• 1:02:57
  I'm going to assume that's Georgia.
• 1:02:58
  Yes, Georgia says false imprisonment, assault causing
• 1:03:02
  bodily injury, and it says that's not him, Your honor.
• 1:03:07
  Deferred judgement. You don't think that's him at
• 1:03:08
  all? So there was nothing.
• 1:03:10
  I was going to offer him a conditional release.
• 1:03:11
  There was nothing on there that would prevent me from giving the
• 1:03:13
  cash bond. If you're in agreement with it,
• 1:03:14
  no. Objection based on.
• 1:03:16
  That All right, so the states are not objecting to cash bond.
• 1:03:18
  I'm gonna set your bond at $250 each count because two
• 1:03:21
  misdemeanors. Your total cash bond is $500.
• 1:03:24
  You do have a condition not to possess or consume alcohol
• 1:03:26
  because it's an alcohol related defense that you're accused of.
• 1:03:29
  So Mr. Panja, you cannot possess or consume alcohol.
• 1:03:32
  You post a $500.00 cash bond, you'll be released immediately.
• 1:03:35
  We're also going to give the give you a notice or ask the
• 1:03:37
  jail to give you a notice for your court date which will be
• 1:03:41
  March 30th at 9:00 AM. Mr. Panja, do you have any
• 1:03:45
  questions? Not, not at this time.
• 1:03:48
  Just thank you all. Right, Sir, I wish you the best.
• 1:03:50
  We'll see you March 30th. Thank.
• 1:03:52
  You, Sir. Yes, Sir.
• 1:03:54
  Jessica Salloway. Miss Salloway.
• 1:04:00
  Good morning. Miss Salloway.
• 1:04:01
  You're here for first appearance accused of 1 count of driving
• 1:04:03
  under the influence. Miss Salloway, I read the
• 1:04:06
  complaint In your case there is probable cause.
• 1:04:09
  I've also looked at your criminal history, ma'am.
• 1:04:11
  I do not see any part DUI. There's some some other stuff
• 1:04:14
  there that's older, more than 10 years old.
• 1:04:18
  I'm going to appoint the public, there's office to represent you
• 1:04:19
  for first appearance purposes. Miss Salloway, I want to ask
• 1:04:22
  that you listen to your attorney, Mr. McDaniel.
• 1:04:24
  John, at this point, we're just going to ask for me for a cash
• 1:04:26
  bond. She lives locally.
• 1:04:27
  She's a occupational therapist here and, you know, and she
• 1:04:31
  needs to have her driver's license so we can try to get her
• 1:04:33
  to get out and see if she can't go ahead and get signed up for
• 1:04:35
  the DUI classes, you know, and what not that she needs to get
• 1:04:39
  done. Miss Salloway, is my
• 1:04:43
  understanding that you have no prior DUI charges.
• 1:04:45
  Is that accurate, ma'am? Yes, Sir, that's correct.
• 1:04:47
  Mr. Gill, any input on bond or release?
• 1:04:50
  Just that she not be able to possess or consume.
• 1:04:53
  Any alcohol, your honor? And any objection to the cash
• 1:04:55
  bond in her case? Given her criminal history being
• 1:04:58
  remote, no objection. Miss Aloway, your your bond's
• 1:05:01
  going to be the same as Mr. Panja, but you only have one
• 1:05:05
  charge so it'll be $250 cash. Ma'am, you do have a condition
• 1:05:09
  not to possess or consume alcohol because it is an alcohol
• 1:05:11
  related charge that you're accused of.
• 1:05:13
  So the post 250, you'll be released and Mr. McDaniel sounds
• 1:05:16
  like you may have already explained to you the benefits of
• 1:05:18
  trying to get your go through certain steps, possibly since
• 1:05:22
  it's the first DUI. Mr. Goodson at the courthouse
• 1:05:24
  here is also very familiar with that law.
• 1:05:26
  Ma'am, the jails won't give you a notice for your court date
• 1:05:29
  which will be March the 30th at 9:00 AM Miss Salloway, do you
• 1:05:33
  have any questions? All right, ma'am, wish you the
• 1:05:37
  best by Daniel. It's everything I had on my
• 1:05:42
  first appearance list this morning, unless I missed
• 1:05:44
  something. Anything else from the public
• 1:05:47
  Defender's office. No, you don't.
• 1:05:50
  And Corporal, anything else from the jail?
• 1:05:52
  No, Sir, Mr. Gill from the State.
• 1:05:55
  No, just I did, I did want Mr. McDaniel to know, I did file a
• 1:05:58
  net via motion in this Smith's case.
• 1:06:02
  So I know that we didn't touch it today, but I filed a motion,
• 1:06:07
  OK. All right.
• 1:06:08
  Thank you. And that's always something the
• 1:06:09
  Circuit Judge will deal with if, if, if there's a Navy motion
• 1:06:12
  filed. Yeah, Thank you.
• 1:06:15
  I'm sorry, whoever. Her.
• 1:06:18
  Attorney is on the other case note.
• 1:06:19
  I mean I. They'll be whoever it is will be
• 1:06:21
  handling all of them. OK.
• 1:06:24
  Thank you. All right, that concludes first
• 1:06:26
  appearances for today. It is.
• 1:06:28
  All right, that's it for Wade Mercer today.
• 1:06:30
  Good morning once again, everybody.
• 1:06:32
  Happy Friday to all of you. I hope you're enjoying the show
• 1:06:34
  so far. Let's you know what Ohio is just
• 1:06:39
  kind of where it's at this morning.
• 1:06:40
  Let's go back to Judge O'Donnell, new contestant first.
• 1:06:44
  Degree and also to count 3 operating a vehicle under the
• 1:06:47
  influence of alcohol or drug abuse or a combination there of
• 1:06:50
  a misdemeanor of the first degree as a second time offense.
• 1:06:54
  The state would move for a dismissal of the balance of the
• 1:06:56
  indictment. We would ask the court refer the
• 1:07:00
  felony matter to PSR and go forward with sentencing on the
• 1:07:07
  OVI today. Oh, we've got you mean we're
• 1:07:11
  going to go forward on sentencing.
• 1:07:12
  On the sentencing today and and the I'm sorry the intervention
• 1:07:15
  on the the felony. Charge.
• 1:07:16
  All right, Mr. Kerr, that does accurately reflect our
• 1:07:20
  understanding This time the client would once again move to
• 1:07:23
  enter the ILC program and maybe qualify some other provisions of
• 1:07:27
  RC 2951.041. All right, based on the
• 1:07:40
  information that I, that I have received on the intervention
• 1:07:44
  report and the presence report, I'll, I'll grant the
• 1:07:48
  intervention motion as to count to the improper handling the
• 1:07:51
  felony for it's denied as to count 3, the OVI by the
• 1:07:56
  misdemeanor 1. All right, so we'll do a plea on
• 1:08:06
  both these charges. All
• 1:08:31
  right, Mr. Biddle, how old are you?
• 1:08:33
  33 years old, Your Honor. How far did you go through
• 1:08:35
  school? All the way through high school,
• 1:08:37
  a little bit of college. Are you AUS citizen?
• 1:08:40
  Yes, Sir. Are you able to read, write and
• 1:08:42
  understand the English language? Yes, but I would have come into
• 1:08:45
  court. Have you taken any drugs or
• 1:08:47
  alcohol or any prescription medication within the last 48
• 1:08:50
  hours? No, Sir.
• 1:08:52
  Have you ever been diagnosed with or treated for any mental
• 1:08:54
  illness? No, Sir all.
• 1:08:57
  Right. Did you get a copy of the
• 1:08:58
  indictment in this case? Yes.
• 1:09:04
  All right, So you are pleading guilty to count bonus
• 1:09:28
  count 2, improper handling of a firearm and a motor vehicle with
• 1:09:32
  felony 4 and count 3 OVI and misdemeanor 1.
• 1:09:41
  Is that your understanding? Yes, Sir.
• 1:09:44
  And at the conclusion of the of the plea with regard to count 2,
• 1:09:49
  the felony, I will state a criminal proceedings and place
• 1:09:52
  you on an intervention plan on count 3.
• 1:09:55
  At the conclusion you will be sentenced on that case.
• 1:09:58
  Do you understand that? Any questions about how that?
• 1:10:00
  Works. No, Sir all.
• 1:10:02
  Right now, before I accept your guilty plea, I need to determine
• 1:10:07
  that you know and understand the constitutional rights you'll be
• 1:10:09
  waiving, the consequences of your guilty plea, and the
• 1:10:11
  maximum penalty I could give you.
• 1:10:14
  And I need to be satisfied that you're guilty pleas being me
• 1:10:16
  freely, knowingly, and voluntarily.
• 1:10:18
  I'm going to ask you questions. If you don't understand a
• 1:10:22
  question, stop me. If you want to talk to Mr. Kerr
• 1:10:24
  some more, let me know and I'll give you more time.
• 1:10:26
  You understand that you have a constitutional right to have a
• 1:10:29
  trial either to me or to a jury of 12 Lake County citizens.
• 1:10:33
  You understand that right? Are you waiting that right?
• 1:10:37
  If you go to a jury trial, all 12 members must agree to a
• 1:10:40
  guilty verdict before you could be found guilty.
• 1:10:42
  Do you understand that right? Are you waving that right?
• 1:10:46
  If you go to trial, the prosecutor will call witnesses
• 1:10:48
  to testify against you. Do you understand the prosecutor
• 1:10:51
  must prove you guilty beyond a reasonable doubt of a trial?
• 1:10:55
  After the witness said done testifying for the prosecutor,
• 1:10:58
  you have the constitutional right to have your lawyer cross
• 1:11:00
  examine the witnesses. Do you understand that right?
• 1:11:03
  Are you waiving that right? If you go to trial, you have the
• 1:11:06
  right to have witnesses come here and testify for you.
• 1:11:08
  Do you understand that, right? Yes.
• 1:11:10
  Are you waving that right? Yes.
• 1:11:12
  If those witnesses refuse to come to court, I'll issue an
• 1:11:14
  order called a subpoena to make them come and testify.
• 1:11:17
  Do you understand that, right? Yes.
• 1:11:18
  Are you waving that right? Yes.
• 1:11:20
  You have the right to testify at trial if you want to.
• 1:11:23
  Do you understand that, right? Yes.
• 1:11:25
  Are you waving that right? Yes.
• 1:11:27
  You have the constitutional right to not testify at trial if
• 1:11:30
  you do not want to. Do you understand that, right?
• 1:11:32
  Yes. Are you waving that right?
• 1:11:33
  Yes, Sir. If you decide not to testify at
• 1:11:36
  trial, nobody is permitted to comment on that decision.
• 1:11:38
  Do you understand that? Yes.
• 1:11:40
  If you go to trial and you're found guilty of the right to
• 1:11:43
  appeal the guilty finding, do you understand that right?
• 1:11:45
  Yes. Are you waving that right?
• 1:11:47
  Yes. If you file an appeal, you have
• 1:11:49
  a constitutional right. They have a lawyer represent you
• 1:11:51
  in the appeal. Do you understand that, right?
• 1:11:53
  Yes, Sir. Are you waving that right?
• 1:11:54
  Yes. If you file an appeal, you have
• 1:11:58
  the constitutional right. They have a lawyer represent
• 1:12:00
  you, You understand that, right? Yes.
• 1:12:01
  Right. If you could not afford a
• 1:12:03
  lawyer, a lawyer want to be provided at no cost to you.
• 1:12:05
  Do you understand that? Yes.
• 1:12:07
  If you file an appeal, you're entitled to have a transcript of
• 1:12:09
  all the hearings in this case, Do you understand that?
• 1:12:11
  Right? Yes.
• 1:12:12
  Are you waiving that right? Yes.
• 1:12:14
  If you could not afford a copy of the transcripts, they'd be
• 1:12:16
  given to you at no cost. You understand that?
• 1:12:18
  Yes. If you plead guilty today, you
• 1:12:20
  do not have the right to appeal the guilty finding.
• 1:12:22
  Do you understand that? Yes.
• 1:12:23
  Do you have any questions about any of these rights?
• 1:12:26
  No, Sir. You still want to plead guilty
• 1:12:28
  to these charges? Yes, You understand by pleading
• 1:12:30
  guilty you're fully admitting you're guilty to the charges.
• 1:12:33
  Yes. You understand by pleading
• 1:12:35
  guilty to this felony offense and count 2, that if you are
• 1:12:38
  sentenced eventually, you're voluntarily giving up your
• 1:12:40
  freedom for whatever period of time I could sentence you to
• 1:12:42
  prison, to jail, or to community control.
• 1:12:45
  Yes. Count 2 and proper handling is a
• 1:12:48
  felony. Is that a four?
• 1:12:51
  It's a four, right? I think it's a 5.
• 1:12:54
  It's a 5. It's indicted as a 5.
• 1:12:57
  It's. Indicted.
• 1:12:59
  OK, felony of the 5th degree. That carries a 12 month maximum
• 1:13:05
  prison sentence and a $2500 maximum fine.
• 1:13:08
  Do you understand that? Yes, Count 3, the OVI is a
• 1:13:13
  misdemeanor of the first degree. It carries a potential Is that
• 1:13:21
  is the second time a year or is it 180 still?
• 1:13:23
  It's 180 still, your Honor. It carries a maximum jail
• 1:13:28
  sentence of 180 days, a maximum fine of 1600.
• 1:13:33
  No, that's the man. What's the what's the, the fine
• 1:13:36
  on the second time you do more of this, Justin?
• 1:13:40
  Yeah, No, I they just changed it.
• 1:13:41
  I think it's, I think it's 575, but that's the mandatory.
• 1:13:46
  But the the maximum is this is still 1000 or is it more?
• 1:13:49
  I think it's 1625. OK, So the maximum fine on the
• 1:13:52
  OVI is $1625. You understand that?
• 1:13:56
  Yes, Sir. Now there's a there's a
• 1:13:58
  mandatory fine. You've got 715 in here.
• 1:14:04
  I have. 715 dollars. At the minimum, OK.
• 1:14:08
  So it's 575. Yeah, if, if the court could
• 1:14:12
  give me. Yeah, go ahead. 10 seconds.
• 1:14:14
  I'll, I'll produce that for you. The range is 525 to 1625.
• 1:14:46
  OK. At least for this week it is.
• 1:14:52
  All right, so. There's a mandatory fine of at
• 1:14:54
  least $525.00. Do you understand that?
• 1:14:57
  On the OVI. OK, All right.
• 1:15:05
  There is also a mandatory term of jail in this.
• 1:15:08
  It's either 10 days in jail or the alternative is five days
• 1:15:14
  plus electronically monitoring home arrest.
• 1:15:16
  Do you understand that? Yes, Sir.
• 1:15:18
  OK. Any question about any of the
• 1:15:20
  penalties? No, Sir.
• 1:15:22
  All right. Do you understand that on the
• 1:15:27
  OVI there's a mandatory driver's license suspension of at least
• 1:15:31
  one year up to seven years? Yes, On the weapons charge, you
• 1:15:42
  are. If you are convicted on that,
• 1:15:44
  you will be prevented from owning or possessing A firearm.
• 1:15:46
  Do you understand that? Yes.
• 1:15:49
  If you get sentenced on the felony and the sentence is
• 1:15:52
  prison, then when you are released you might be on post
• 1:15:55
  release control for up to two years under the parole
• 1:15:58
  authority. Do you understand that?
• 1:16:00
  If you were to be placed on post release control and violated any
• 1:16:03
  conditions, parole authority could send you back to prison
• 1:16:06
  for up to nine months for each violation up to 1/2 of my
• 1:16:09
  sentence. Do you understand that?
• 1:16:10
  If that violation were a new felony, then you could get an
• 1:16:14
  additional consecutive prison sentence for the violation, do
• 1:16:16
  you understand that? That were to occur, the maximum
• 1:16:20
  prison sentence for that violation would be the greater
• 1:16:24
  12 months of the time left under post release control.
• 1:16:26
  Do you understand that? If you were sentenced to prison
• 1:16:29
  on the felony, then you are eligible for judicial release,
• 1:16:32
  do you understand that? Or if you were convicted, I or
• 1:16:36
  sentenced, I could sentence you to community control for up to
• 1:16:39
  five years, but if you violated any conditions, I could send you
• 1:16:42
  to prison for 12 months. You understand that?
• 1:16:45
  Now, has anybody promised you that I would be lenient on you
• 1:16:47
  just because you're pleading guilty today?
• 1:16:50
  No, Sir. Has anybody promised you what I
• 1:16:51
  would sentence you to in this case?
• 1:16:53
  No, Sir. Do you understand that I don't
• 1:16:55
  have to follow the sentencing recommendation of either the
• 1:16:57
  prosecutor or your lawyer? Yes, Sir.
• 1:16:59
  Have you had enough time to talk to to Mr. Kerr before pleading
• 1:17:04
  guilty today? Yes, Sir.
• 1:17:05
  Has he discussed everything about your case and answered all
• 1:17:07
  of your questions? Yes, Sir.
• 1:17:09
  Are you satisfied with the advice he's given you?
• 1:17:11
  Yes. Have you been threatened or
• 1:17:13
  coerced in any way to plead guilty today?
• 1:17:15
  No, Sir. Are you freely, knowingly and
• 1:17:17
  voluntarily Henry your guilty plea?
• 1:17:19
  Yes. Do you have any questions at
• 1:17:20
  this point? No, Sir.
• 1:17:22
  Miss Mulligan, if this case went to trial, would be able to show.
• 1:17:25
  Your Honor, the state would be prepared to show that on August
• 1:17:28
  24th, 2025, the defendant was driving in the City of Mentor,
• 1:17:32
  Lake County, Ohio. He was going the wrong way on
• 1:17:34
  State Route 2. He was stopped by the police and
• 1:17:38
  during the course of that stop showed signs of being under the
• 1:17:41
  influence of alcohol. The officer noted an odor of
• 1:17:46
  alcohol, slurred speech. Defendant refused testing.
• 1:17:50
  There was a loaded Glock 27 pistol in the center console of
• 1:17:55
  his car that he was the sole occupant of, and that firearm
• 1:17:58
  was tested and determined to be operable.
• 1:18:02
  All right, Mr. Kerr, anything to add to those facts?
• 1:18:05
  No, you're not OK. Mr. Biddle, did you hear what
• 1:18:10
  Miss Mulligan said? The facts would show if the
• 1:18:12
  piece went to trial. Yes.
• 1:18:14
  Are those facts true? Yes, all.
• 1:18:17
  Right. What is your plea to count 2 and
• 1:18:20
  proper handling a felony of the 5th degree?
• 1:18:23
  Guilty, Your Honor. And what is your plea to Count 3
• 1:18:26
  OVI and Mr. Miner of the first degree?
• 1:18:28
  Guilty, Your Honor. All right, Mr. Kerr.
• 1:18:58
  I'd have to sign on when he's ready.
• 1:19:37
  Your Honor, the defendant has signed the written plea of
• 1:19:39
  guilty. Mr. Bettel, is this your
• 1:19:47
  signature on this written? Plea of guilty?
• 1:19:49
  Yes, Sir. And did you sign it voluntarily?
• 1:19:52
  Yes. Do you want me to accept your
• 1:19:54
  written plea of guilty? Yes.
• 1:19:57
  Accept the written plea of guilty Defendant was president
• 1:19:59
  Mr. Kerr vice involves rights been an only intelligent
• 1:20:01
  voluntary waiver. He understands the nature of the
• 1:20:03
  charge, the consequence of his guilty plea and the maximum
• 1:20:06
  penalty. Find it to be knowing,
• 1:20:08
  intelligent and voluntary. Will accept his plea of guilty
• 1:20:12
  to count 2 and proper handling of firearm and a motor vehicle a
• 1:20:16
  felony. 5I will accept his guilty plea to Count 3 and find
• 1:20:21
  him guilty of OVI and misdemeanor 1 on the.
• 1:20:30
  Intervention plan I'm going to place you on a 2 year
• 1:20:32
  intervention plan on the felony. The terms are you to have no
• 1:20:38
  drugs or alcohol and you'll be screened.
• 1:20:42
  You do obtain a separate drug and alcohol evaluation.
• 1:20:46
  Follow all recommendations going to undergo a mental health
• 1:20:52
  evaluation. Follow all recommendations,
• 1:20:54
  Attend at least 2A a meetings per week, maintain full
• 1:20:59
  employment. You're going to be suspended on
• 1:21:09
  the OVI, your license. So you're going to obtain a
• 1:21:13
  valid driver's license and you're going to pay the cost and
• 1:21:21
  supervision fees. Anything else with regard to the
• 1:21:24
  intervention plan? Miss Randallson, do you
• 1:21:30
  understand the terms of the plan?
• 1:21:33
  Any question about the terms of the plan?
• 1:21:36
  If you violate the terms of the plan, the state will file a
• 1:21:38
  motion to terminate your intervention plan.
• 1:21:41
  If I find you violated, you face 12 months and pre you get
• 1:21:43
  convicted and then face 12 months in prison.
• 1:21:45
  You understand that? Any questions about that?
• 1:21:48
  All right. On the OVI, I'm going to
• 1:21:51
  sentence you to either 10 days in jail or five days in jail
• 1:21:57
  plus 18 days of electronically monitored home arrest.
• 1:22:04
  I want to impose a fine of mandatory fine of $525 and a
• 1:22:09
  driver's license suspension of one year.
• 1:22:18
  Your Honor, would the court consider backdating that to the
• 1:22:20
  date of the defense looking for the date of the event?
• 1:22:26
  Was it August 25? 24.
• 1:22:29
  August 24, so it's effective August 24, 2025.
• 1:22:35
  Thank you. Any other penalties that I
• 1:22:40
  missed on that? Miss Mulligan on the OVI I'm.
• 1:22:44
  Sorry, I'm just having a very hard time.
• 1:22:46
  Hearing you, any other penalties that I missed any of these?
• 1:22:48
  I don't think so. Thank you.
• 1:22:50
  All right. You understand the the what the
• 1:22:52
  sentence is on the ovi, Yes. OK.
• 1:22:55
  Do you know if you want to do the 10 days or the five and 18?
• 1:23:01
  I take the five and 18, Your Honor.
• 1:23:05
  What? What are your work days?
• 1:23:07
  Your normal work days. I work Monday through Friday
• 1:23:11
  what hours and the six. So I work 2 jobs.
• 1:23:14
  I work 6:00 AM to 2:30 PM Monday through Friday and then my
• 1:23:19
  second job I work Wednesday through Friday from 3:00 to
• 1:23:22
  10:00 PM. OK.
• 1:23:25
  Do you have a suggestion, Mr. Kerr, as to when I'm going to
• 1:23:32
  give him time to a future date to report for those five days?
• 1:23:35
  Do you have a sense of sometime in March when that would be like
• 1:23:40
  the third week of March or so? Yeah, how?
• 1:23:44
  So could he report on a Saturday morning?
• 1:23:46
  Would that make the most sense? Probably because yeah, perhaps
• 1:23:49
  March, March 21st, All right, you're to report to the Lake
• 1:23:54
  County Jail on March 21 at 9:00 AM and and then you will then
• 1:24:00
  have 5-5 days straight then you will be.
• 1:24:03
  Put on the. The home arrest and for the
• 1:24:08
  purposes of the home arrest you will be permitted to to work
• 1:24:11
  your normal work hours but that's it yes, Sir.
• 1:24:14
  Otherwise you're right back home you understand that Yes, Sir.
• 1:24:20
  All right, if if you violate that the provisions of that home
• 1:24:25
  arrest, then you're looking at 180 days in jail.
• 1:24:28
  You understand that? Yes, Sir.
• 1:24:29
  All right. On the on the OVI, I'm also
• 1:24:34
  going to put them on probation for a period of six months.
• 1:24:39
  OK, got that, Kim. OK.
• 1:24:45
  All right. Anything else Miss Mulligan with
• 1:24:47
  regard and and I talked about this before, but I would I'd
• 1:24:52
  like you to do as far as a judgment entry is do 2 same case
• 1:24:55
  number 2 judgment entries, one with regard to the intervention
• 1:25:00
  on the felony, one with regard to the OVI any beyond that I.
• 1:25:05
  Don't. Believe so.
• 1:25:06
  Anything else? Nothing further, Your Honor.
• 1:25:10
  OK, you got Mr. Biddle. We don't have much in the past,
• 1:25:20
  but this alcohol stuff that is causing, you know, all kinds of
• 1:25:25
  problems, causing people on route to all kinds of problems.
• 1:25:29
  So get it under control and do what you're supposed to do you.
• 1:25:32
  Don't understand all. Right, Okie dokie friends, let's
• 1:25:40
  go down to Texas. Say good morning to Judge
• 1:25:45
  Stevens and Jeff or some county. Information for 13.
• 1:25:50
  It's really down to money now. OK, it was originally 20,157.
• 1:25:59
  Yes, your Honor. And now we've got 14.
• 1:26:05
  He's currently at a balance of 4504.
• 1:26:09
  I'm sorry, say that again. He's currently at 4005. $104.
• 1:26:13
  Balance for his restitution. OK, well what happened was it
• 1:26:26
  looks this week. From the time.
• 1:26:28
  This was filed a couple of years ago.
• 1:26:34
  It's like you paid about $10,000 on in the last few years.
• 1:26:40
  Last couple of years guess good. So 4504 there, there'll be some
• 1:26:51
  form of celebration when this is all, but where are we right now?
• 1:26:57
  Is it, are you going to be able to continue to keep up these
• 1:27:01
  payments that you've done relatively well in the last few
• 1:27:05
  years? About how much, how much do you
• 1:27:09
  have a steady stream for a month you're able to pay on this
• 1:27:12
  restitution? That's an amount of something I
• 1:27:15
  don't understand. How much do you pay a month for
• 1:27:19
  the rest 300? OK, that's what I was curious
• 1:27:22
  about. So that's 3600 in a year and
• 1:27:26
  you've got the balance of 45. So that's three more months
• 1:27:34
  after a year, a year and three and 50 and 15 months at this
• 1:27:40
  rate or sooner because all things being the same, he pays
• 1:27:45
  this off. And then then you send me not
• 1:27:50
  not just a termination, but a dismissal of this case.
• 1:27:54
  It's dismissed. So it's not on your reference.
• 1:27:56
  That's a big thing, yeah. Well, it's a big thing for
• 1:27:59
  everybody involved, but also the the quicker you can pay it back
• 1:28:03
  to these people because we don't include interest for the lost
• 1:28:08
  amount. And this is been 13 years that
• 1:28:13
  going on 13 years that this is being paid.
• 1:28:16
  So it's, it's so much better that somebody can get their
• 1:28:24
  money back as soon as possible because they're out of the use
• 1:28:28
  of the money during that period of time that it takes to pay it
• 1:28:33
  back because we don't add interest like the federal
• 1:28:37
  government does. Maybe we should, but we don't.
• 1:28:44
  What else do we do today? You.
• 1:28:46
  Said it in six months or so and check in again.
• 1:28:48
  I was thinking in six months, is that a good idea?
• 1:28:53
  And we're. Going to see where it is in six
• 1:28:55
  months. OK, maybe if you didn't pay it
• 1:28:58
  off early. Once again, the quicker you pay
• 1:29:00
  it off, the quicker all things being the same, this gets
• 1:29:04
  dismissed. I wish I could judge.
• 1:29:07
  Do what you can all I. Can do is what I'm doing do?
• 1:29:08
  What you can? Yes Sir, do what you can and
• 1:29:16
  then. We'll.
• 1:29:16
  Celebrate the completion of this.
• 1:29:18
  OK. All right.
• 1:29:20
  Thank you very much for your. Persistence.
• 1:29:21
  Yes, Sir. All right, let's head up to
• 1:29:25
  Michigan, see what's going on with Judge Elmore.
• 1:29:34
  Mr. Nelson is going to have a seat.
• 1:29:35
  We are next taking up the case of people in the state of
• 1:29:37
  Michigan versus Robert Nelson Junior.
• 1:29:40
  This is file #26-14199 FH appearances from Council please.
• 1:29:47
  Use it all for the people. Good morning, Your Honor.
• 1:29:51
  Allison Council on behalf of Mr. Nelson.
• 1:29:54
  I believe Lynn Gets might also be in the waiting room.
• 1:30:02
  M says yes, let's welcome her in.
• 1:30:14
  Here we go and Miss Lynn Gets also joins us from the same
• 1:30:18
  defense attorney's office and Mr. Nelson's here in the
• 1:30:21
  courtroom. Now, we are here today for looks
• 1:30:26
  like a probation violation, sentencing and a free trial
• 1:30:31
  agreement. Let's go and talk about the
• 1:30:33
  pretrial agreement on this new file.
• 1:30:35
  Yes, ma'am. Your Honor, there was a global
• 1:30:39
  resolution agreed upon by the parties who proposed to the
• 1:30:43
  court Mr. Nelson would be pleading to controlled, I'm
• 1:30:47
  sorry, use of a controlled substance.
• 1:30:50
  Count 2IN Case 261-4199, FH, we would dismiss.
• 1:30:58
  Count. One possession of an analog
• 1:31:00
  controlled substance, second or subsequent defense notice, and
• 1:31:03
  also habitual 4th. He has previously already pled
• 1:31:07
  to the probation violation in case. 24-13814 at 8, which I
• 1:31:17
  also call at the same time. Thank you.
• 1:31:19
  All right, Miss Castle, I assume you're going to be the one doing
• 1:31:23
  the talking today. Is that a complete and accurate
• 1:31:27
  statement of the pretrial agreement to resolve file 199?
• 1:31:30
  Yes. Thank you.
• 1:31:33
  I really apologize for interrupting, but there was one
• 1:31:36
  more aspect to the global agreement.
• 1:31:38
  It was the the people were not going to file the assault and
• 1:31:40
  battery charge that was pending review that was.
• 1:31:44
  One of the. Probation violation charges.
• 1:31:47
  I apologize for not getting that.
• 1:31:53
  All right, Mr. Nelson, have you heard what these ladies have
• 1:31:56
  told me today? Is.
• 1:31:58
  That how you wish to resolve this other file.
• 1:32:01
  All right, thank you. Please raise your right hand the
• 1:32:03
  best that you can. Sir, do you swear or affirm it?
• 1:32:05
  The information and testament provide.
• 1:32:08
  Shall be the truth. The whole truth, nothing but the
• 1:32:09
  truth. Thank you.
• 1:32:10
  You may lower your hand. All right, Sir.
• 1:32:12
  So in this newer file, I understand and obviously we've
• 1:32:15
  already dealt with the fact that you were on probation when it
• 1:32:18
  occurred and we've already dealt with that prior probation
• 1:32:20
  violation. So in this file 14199, you are
• 1:32:25
  currently charged with a single count of possession of the
• 1:32:28
  controlled substance amphetamine, which is an analog
• 1:32:31
  not methamphetamine, but amphetamine.
• 1:32:34
  That's a felony possible by up to two years and or up to $2000.
• 1:32:38
  Plus, there were two potential sentencing enhancements that
• 1:32:42
  could increase those maximum punishments within the
• 1:32:44
  discretion of the court. If you were found guilty of
• 1:32:47
  those, a second or subsequent drug offender enhancement could
• 1:32:50
  increase that national punishment from up to two years
• 1:32:52
  to up to four years and from up to 2000 to up to $4000 or the
• 1:32:58
  alternative. You can be sentenced as a. 4th
• 1:33:00
  individual felony offender that would allow the court within its
• 1:33:03
  discretion to sentence you up to 15 years instead of two years.
• 1:33:09
  However, that count possession of sorry, possession of
• 1:33:13
  amphetamine and the two enhancements will be dismissed
• 1:33:16
  if you enter a plea of guilty too.
• 1:33:19
  And I accept that plea to an added count 2 and count 2 would
• 1:33:25
  be use of that controlled substance, which is a
• 1:33:28
  misdemeanor punishable by up to one year and or up to $1000.
• 1:33:35
  Is that what you understood you were doing today?
• 1:33:37
  Now, entering the plea, if guilty to an added, this added
• 1:33:40
  count 2 means that you will not have a trial.
• 1:33:42
  Does that make sense? By entering that plea, if I
• 1:33:46
  accept that plea, then you'll be giving up these certain rights,
• 1:33:49
  the right to be tried by a jury, right to be tried without the
• 1:33:51
  jury. You chose the court and the
• 1:33:53
  prosecuted consent. The right to.
• 1:33:55
  Presumed innocent. The right to have the prosecutor
• 1:33:58
  prove you're guilty on a reasonable note.
• 1:34:00
  The right to have the witnesses right for you to question across
• 1:34:04
  again. Any witnesses will appear
• 1:34:05
  against you. The right to have the court
• 1:34:08
  order any witnesses you need to appear for your defense.
• 1:34:10
  The trial provider remains silent at the trial.
• 1:34:13
  Like to not have that silence. Used against you.
• 1:34:15
  And the right to. Testify, if you chose to
• 1:34:17
  testify. You understand those rights?
• 1:34:21
  Yes, Your Honor. Importantly, you understand that
• 1:34:23
  by feeling guilty of you waving those rights and not have a
• 1:34:26
  trial in this case. Yes, Your Honor.
• 1:34:28
  All right. Leading me to believe that I
• 1:34:30
  missed one of the rights just to my head.
• 1:34:37
  The right to. Presume Dennison to approve
• 1:34:39
  guilty the right there the process be approved.
• 1:34:40
  You're guilty on a reasonable doubt right.
• 1:34:45
  You have the witnesses against you appeared trial provide the
• 1:34:47
  question across again, you have those witnesses again, you
• 1:34:49
  understand all that and again, you understand that if you're
• 1:34:52
  pleased guilty, you'll be forever waiving those rights as
• 1:34:54
  they apply to this particular case.
• 1:34:57
  Also, you'll be any appeal as to the conviction sentence pursuant
• 1:35:00
  to the pretrial agreement would be by filing a call an
• 1:35:03
  application for lead to appeal and not an automatic or claim of
• 1:35:06
  appeal by right, which is only allowed when you're convicted at
• 1:35:08
  a trial. Furthermore, you may be given up
• 1:35:11
  the right to appeal issues. It would otherwise only be
• 1:35:13
  appealable if you were convicted at a trial.
• 1:35:15
  You also will be given up the right to claim that the plea was
• 1:35:17
  resolved, that we promised threat or inducement, not told
• 1:35:20
  me today on the record. Have there been any other
• 1:35:22
  promises, threats or inducements that we haven't talked about?
• 1:35:26
  Are you actually of your own free choice now throughout this
• 1:35:29
  process? Have you been able?
• 1:35:30
  To speak with Miss Castles or Miss Getz, have they answered
• 1:35:33
  all your? Questions are you?
• 1:35:35
  Satisfied with their advice? Yes, Sir, and we believe that
• 1:35:38
  this plea is in your best interest today.
• 1:35:40
  Has anyone made any? Promises to you as to exactly
• 1:35:43
  what the sentence would be in this case.
• 1:35:46
  You still wish to enter the plea as we just discussed as the
• 1:35:50
  added count to use of the controlled substance
• 1:35:53
  amphetamines and analog. How do you plead?
• 1:35:56
  Before the court can accept that plea, I need to have you tell me
• 1:35:59
  what you did that makes you guilty of.
• 1:36:00
  Offense. Back on a certain date, that
• 1:36:05
  would be July 1st of last year in the city of Cadillac here in
• 1:36:09
  Wexford County. What happened here?
• 1:36:13
  I possessed a backpack that carried some.
• 1:36:18
  Pencils. That had this.
• 1:36:20
  Substance. OK.
• 1:36:22
  And you knew it. Was there and did you have in
• 1:36:24
  your mind any lawful right to possess that substance?
• 1:36:28
  No, Your Honor. Did you, did you, did you do it?
• 1:36:30
  Gary said. You knew it was there and did
• 1:36:32
  you use it on or about that date or time?
• 1:36:35
  Yes, your Honor. Thank you.
• 1:36:37
  Miss Dole, Do you believe the defendants provided on a factual
• 1:36:39
  basis? Yes, Your Honor, Are you aware
• 1:36:41
  of any other? Promises threat to inducements
• 1:36:43
  I. Know.
• 1:36:44
  You need the court so far simplifies with the court rule
• 1:36:46
  6.302. Yes.
• 1:36:48
  Sir, Miss Cat, you know, hold on, Miss Gets.
• 1:36:52
  Miss Castle's doing all the heavy lifting today.
• 1:36:55
  Do you agree with all those answers for Miss Dole?
• 1:36:58
  Yes, your Honor. OK.
• 1:37:00
  Thank you. If.
• 1:37:01
  You're going to have two attorneys and they may well both
• 1:37:03
  be involved. So all right.
• 1:37:05
  The court agreed and finds the defendants plea today is made
• 1:37:07
  freely only and voluntarily. The court further finds the
• 1:37:11
  testimony private provided by the defenders Underoath on the
• 1:37:14
  record satisfies the elements for that added Count 2.
• 1:37:18
  Therefore, the defendant is found guilty of that added Count
• 1:37:21
  2 and Count 1 and the enhancements will be dismissed
• 1:37:25
  upon sentencing. My intent here.
• 1:37:29
  Is to. Likely just sentence with time
• 1:37:35
  served as the offence that I just took the plea for and then
• 1:37:38
  moved to the sentencing on the probation violation.
• 1:37:41
  The only reason I would do a representative back and do
• 1:37:44
  another sentencing date would be if I'm going to give them
• 1:37:47
  probation, but if I haven't run currently then it's going to be
• 1:37:51
  served. So Miss Dole and the objection
• 1:37:53
  to that Miss Castle will go back to you.
• 1:37:56
  Any objection to this process? All right, so now we're going to
• 1:38:01
  look here at file 13814, and we're looking at this probation
• 1:38:05
  violation report, which is also known to us as a C FJ491.
• 1:38:12
  Miss Dahl, have you taken a look at that report?
• 1:38:15
  And if so, do you have any corrections or objections that
• 1:38:17
  you think you need to put on the record?
• 1:38:19
  I have reviewed it. Your Honor, I don't have any
• 1:38:21
  corrections or objections. All right, Miss Dahl, have you?
• 1:38:24
  I'm sorry, Miss. Castles have.
• 1:38:26
  You had a. Look at it.
• 1:38:28
  So do you have any corrections or objections to make?
• 1:38:31
  No, Your Honor, no. Thank you.
• 1:38:33
  Then let's go to allocution and we'll turn to the people.
• 1:38:37
  Miss Dole, the floor is yours. Your Honor, I'm coming into this
• 1:38:43
  case a little bit late. My involvement in this case has
• 1:38:49
  been the probation violations. The court is obviously aware of
• 1:38:53
  this case from the stars, but based on my review of his
• 1:38:59
  conduct on probation is committing new offenses and and
• 1:39:03
  absconding, I don't believe he is a good candidate probation
• 1:39:06
  for probation any longer. He's had multiple violations.
• 1:39:11
  His guidelines are 10 to 23. I do believe the court has
• 1:39:17
  justification based on his performance on probation to go
• 1:39:21
  outside of the guidelines and give him more than that if the
• 1:39:25
  court chose to do so. But the people are asking that
• 1:39:27
  he be sentenced to 23 months in prison because we, the court,
• 1:39:37
  has given him chances of probation and given him
• 1:39:41
  opportunity to get help, get treatment, get better, and yet
• 1:39:45
  continue to violate the court's orders.
• 1:39:48
  I believe a a prison term is appropriate in this case.
• 1:39:52
  Thank you, Miss Castle. Thank you, Your Honor.
• 1:39:57
  I would like to start by making note of the fact that Mister
• 1:40:02
  Nelson has taken accountability for the mistakes he's made while
• 1:40:06
  on probation by entering the plea in this case.
• 1:40:11
  That he was just that he just pled to, he's showing that he is
• 1:40:15
  admitting to it and he does firmly want to get better.
• 1:40:20
  He is expecting this prison term and he wants to make the most of
• 1:40:23
  it. He has plans for programming.
• 1:40:25
  I would like to note that he does have credit for 224 days
• 1:40:32
  and based on this, we believe that it should be something
• 1:40:35
  within the guidelines, likely at the 18 month mark.
• 1:40:41
  All right. Thank you.
• 1:40:41
  I should. Also recognize Mr. Charles
• 1:40:43
  Canard from the Michigan Department of Corrections office
• 1:40:48
  is the one that prepared the pre sentence investigation report.
• 1:40:52
  Just a quick look. All right.
• 1:41:18
  Thank you. Mr. Nelson.
• 1:41:21
  Do you have the right to? Make a statement.
• 1:41:22
  Before the court issues are sent, is there anything you wish
• 1:41:26
  to say at this time? Sir, your.
• 1:41:28
  Honor, I think I have a. Little bit more than 300 days
• 1:41:32
  served at 324. Yes, Sir.
• 1:41:36
  I would be getting credit for them.
• 1:41:38
  And then if you want 4030, anything else, you know your
• 1:41:44
  honor heart. Thank you.
• 1:41:48
  Mr. Nelson, this case had originally involved a possession
• 1:41:56
  of methamphetamine case and the court gave you 36 months of
• 1:42:00
  probation, 300 days in jail and then the opportunities at
• 1:42:07
  rehabilitation. And there was no schonder
• 1:42:11
  response. This is just that challenge.
• 1:42:15
  I spoke yesterday at a all the drugs somewhat rehabilitation
• 1:42:20
  someone out at Baker College and we talked a lot about treatment
• 1:42:23
  programs and how many of these, how many cases involve
• 1:42:28
  controlled substances and the opportunities and how difficult
• 1:42:32
  it is for people who are struggling with substance use
• 1:42:34
  disorder. And so I'm not here to say today
• 1:42:38
  that you're a bad person for this offense or even the some of
• 1:42:41
  the probation violations. It's just a symptom of the
• 1:42:44
  disease and how it spreads. At the same time, there's always
• 1:42:49
  a discussion about what the judges do.
• 1:42:52
  Did they get jailed? Did they give probation?
• 1:42:54
  Did they give rehab? Did they give prison?
• 1:42:57
  And the answers is sometimes it it's got to be a prison term
• 1:43:02
  because all the other efforts may have failed or they may not
• 1:43:05
  have worked. I don't like that where it
• 1:43:07
  failed. So they are opportunities that
• 1:43:10
  were unsuccessful. I'd rather use that word.
• 1:43:13
  Failing sounds really negative and I don't like calling it a
• 1:43:17
  problem. Old substances, drug addiction,
• 1:43:20
  things like that. Locally, they are opportunities
• 1:43:24
  for people to try to help people in the courts, programming.
• 1:43:28
  Even prosecutors and defense attorneys will often work
• 1:43:30
  together to help get a person into a rehab program.
• 1:43:34
  It's. Opportunities for us all to help
• 1:43:36
  those who are struggling with that issue.
• 1:43:39
  And I know that when somebody is under the influence of a
• 1:43:42
  controlled S serving Oklahoma, they're not always in control of
• 1:43:45
  what they're doing or at least it impacts them and changes
• 1:43:49
  that. So I don't want you to think
• 1:43:51
  that I look at this and. Say, Oh my gosh.
• 1:43:53
  Mr. Nelson is the person here, but you're struggling.
• 1:44:00
  I don't know what else to do. We've had a lot of opportunities
• 1:44:04
  here, but I hope that you continue to find opportunities.
• 1:44:09
  Sometimes they've got rehab programs, they've got trades,
• 1:44:15
  things like that. I know it's not great, but I
• 1:44:19
  really want you to know I care. I really hope that someday you
• 1:44:22
  come back here to the office and say, hey, Judge, I had one.
• 1:44:26
  I need help. Where do I go?
• 1:44:27
  I'll tell you where to go. I'll help you get there.
• 1:44:30
  And I also hope that you come back and say, hey, judge, thank
• 1:44:33
  you. You don't have to say thank you
• 1:44:34
  because no one likes to be sent to lock up, but I want to see
• 1:44:38
  that you come back. You got a lot of life here to
• 1:44:40
  live. Sure.
• 1:44:44
  You're younger than I am, so. All right.
• 1:44:47
  Anyways. I really hope that you get this
• 1:44:50
  figured out all right in file ending in 199, the court
• 1:44:55
  sentences defendant as follows. A $50 state minimum fee, a $75
• 1:45:01
  crime victims rights fund fee, A $150.00 court cost, $150.00
• 1:45:11
  attorney fee. There's no supervision,
• 1:45:15
  therefore there's no supervision fee.
• 1:45:17
  I'm not going to assess a fine. And the court sentences the
• 1:45:22
  defendant to 38 days with 38 days of credit.
• 1:45:26
  The arrest didn't take place or wasn't counted until January.
• 1:45:32
  Got it. I think it might have been the
• 1:45:33
  16th or whatever, so I'm just giving you credit.
• 1:45:36
  That sentence therefore will run concurrent.
• 1:45:39
  But in fact, it's already conserved.
• 1:45:43
  The old case. Now in the older file, the one
• 1:45:46
  for which we're talking about this probation violation, which
• 1:45:48
  is file 13814, the court revoked probation successfully.
• 1:45:55
  The court preserves any unpaid fines and costs, and the court
• 1:46:03
  sentences the defendant to a prison term that will be 20 to
• 1:46:09
  120 months. And the court, of course, gives
• 1:46:14
  the defendant jail for credit, which is 324 days.
• 1:46:22
  Now, that only accounts for the days that you've actually sat in
• 1:46:26
  jail. It doesn't account for any good
• 1:46:31
  time credit which you get to keep and that will be added to
• 1:46:34
  that amount. All right, So it's not just 324,
• 1:46:39
  it's it'll be higher than that. If you served 300 days before,
• 1:46:43
  for example, it should be a number of days.
• 1:46:51
  Anything that I've missed? Miss Dull?
• 1:46:52
  Not that. I could make it.
• 1:46:54
  Wrong. How about you, Miss Castle?
• 1:46:56
  No, Your Honor. Sketch.
• 1:46:58
  How about you? You think I get it all?
• 1:47:00
  You got it all again, Judge. Thank you.
• 1:47:03
  Mr. Canard in me. Did I miss you?
• 1:47:07
  Thank you. Samantha, you have an advice and
• 1:47:11
  rights form over there? It should be a new.
• 1:47:14
  One signed line off that would be on there to get the print.
• 1:47:26
  So miss Castles miss gets you were on the monitor here in the
• 1:47:31
  courtroom right above Samantha's head.
• 1:47:34
  Samantha is new with this job. So if you could all just like
• 1:47:36
  look down and like in the Brady bunt there see now they're
• 1:47:40
  looking down at just some Sam. You feel the pressure right
• 1:47:44
  ladies? Thank you.
• 1:47:44
  Don't need to look down. Right.
• 1:47:47
  So if we don't get. It to you right now, Mr. Nelson,
• 1:47:50
  somebody will take care of probably somebody from the
• 1:47:52
  Department of Corrections. You have the right to appeal
• 1:47:54
  your conviction sentence in this case.
• 1:47:57
  That is done by filing a claim of right.
• 1:47:59
  I'm sorry an application for leave to appeal because of the
• 1:48:01
  original pleading guilty. If you choose to file an
• 1:48:05
  application for leave 2 wheel and you want the court to
• 1:48:07
  consider appointed an attorney to assist you, you will
• 1:48:10
  complete. A copy of this.
• 1:48:11
  Document that we are hoping to get to you here today and return
• 1:48:15
  to the court within 42. Days if you choose.
• 1:48:17
  Not to appeal, you may simply dispose of your copy of the
• 1:48:19
  document. Do you have any questions about
• 1:48:22
  your rights to appeal? Do you have any questions about
• 1:48:24
  what we have done today? All right, Mr. Nelson, let's
• 1:48:28
  look at this as an opportunity. All right.
• 1:48:31
  Thank you. Have a great morning.
• 1:48:36
  Thank. You all righty, folks.
• 1:48:41
  There was some discussion in the chat about how long the short
• 1:48:44
  the show should go today because it's for some people been
• 1:48:48
  dragging a little bit. But the vote is in four hours,
• 1:48:50
  so that is what we will do. Hi, Ellie.
• 1:48:53
  I'll feed you yogurt in just a minute, sweetheart.
• 1:48:57
  Texas back to Judge Stevens. OK.
• 1:49:15
  You're Gary Metz and cost number 1624069 and this is another,
• 1:49:22
  this is financial day. Where are we on this one?
• 1:49:27
  He's on, he's been on probation for, well, what's going on 10
• 1:49:31
  years and we had an amount of restitution that was owed.
• 1:49:44
  And then where are we? Yes, Sir.
• 1:49:48
  If you didn't have any restitution, he's had
• 1:49:49
  subdivision fees last year. We placed them all in and.
• 1:49:54
  OK. There is not restitution, it's
• 1:49:55
  just these are just various fees that add up.
• 1:50:00
  Medical. Costs.
• 1:50:01
  Etcetera. And since then, he made two
• 1:50:03
  major payments, and so he. Had all these fees stopped?
• 1:50:08
  Yes, Sir. OK.
• 1:50:09
  His speech stopped in June. OK.
• 1:50:11
  Good. All right.
• 1:50:12
  And so he made two major payments and he paid it down to
• 1:50:14
  where he owned those $610. Now how much $610?
• 1:50:19
  And then he pays that and then what are we going to do?
• 1:50:21
  And he'll be done. He actually expires on the 27th
• 1:50:24
  of Next. I'm sorry to hear that, Sir.
• 1:50:27
  His probation expired. Oh, he said, probation expires
• 1:50:34
  already. Saying a prayer.
• 1:50:36
  When can you pay that? When you the moment you do, Mr.
• 1:50:41
  Menard sends me something and then I sign it and then you're
• 1:50:45
  on deferred right or unadjubicated probation.
• 1:50:48
  Then it gets dismissed. Period.
• 1:50:51
  In the ball game. Yes, Sir.
• 1:50:54
  When do you think you can do that?
• 1:50:57
  Hopefully by the 2nd. Week of March.
• 1:51:00
  Hopefully. OK, so.
• 1:51:05
  We're we said this three weeks on a review then less.
• 1:51:10
  We don't need to, yes. Sir, he gets it paid off and
• 1:51:13
  I'll send everything over. Thanks.
• 1:51:15
  There you go. You don't need to come back.
• 1:51:17
  Otherwise, everything's fine. Yes, Sir.
• 1:51:19
  It's good. What do you think you get?
• 1:51:22
  I'm sure we're anxious to get this over with, huh?
• 1:51:24
  Yes, Sir. Let me ask you.
• 1:51:27
  Never going into the details on those.
• 1:51:29
  How's the family? Situation.
• 1:51:30
  Very good. Good.
• 1:51:32
  That's important. OK, All right.
• 1:51:39
  Unless kind of everything at the end of the day, especially
• 1:51:43
  during the holidays, but every day you find out they're maybe
• 1:51:49
  the most important part of your life and you're a role model.
• 1:51:54
  They're as in the family. So keep it up.
• 1:51:59
  OK. Yes, Sir.
• 1:51:59
  All right, Sir. Thank you.
• 1:52:03
  I don't think we need another resetting.
• 1:52:07
  He should be able to OK. Attentively.
• 1:52:10
  Just check into it because I trust he's going to take care of
• 1:52:13
  it. Or that it's.
• 1:52:14
  Easy. Thank you, Phillip Parks.
• 1:52:33
  Phillipa, yeah. Thank you.
• 1:52:40
  And we call cause #17-28417. You're Mr. Parks, correct?
• 1:52:48
  You are on regular probation. That means you were found
• 1:52:50
  guilty. There was a you were placed on,
• 1:52:54
  it looks like deferred initially, then that was revoked
• 1:53:00
  and then you were found guilty, sentenced to regular probation
• 1:53:05
  in 2022, five years probation and most.
• 1:53:26
  From probation I received a probation review request so we
• 1:53:31
  reset it to today and it says no MTRP.
• 1:53:36
  So from probation, how are things?
• 1:53:40
  Towards his restitution, $500 has been paid since the last
• 1:53:43
  time we were here in August. Six months ago, half a year?
• 1:53:50
  Is it all about money now? Yes, Sir.
• 1:53:52
  He's on an active probation firm, OK.
• 1:54:01
  And it looks like this is restitution.
• 1:54:03
  Yes, Sir. Stand by.
• 1:54:55
  What I don't understand this, the probable cause affidavit
• 1:55:04
  talked about the defendant miss delivering it looks like
• 1:55:14
  concrete and yards delivered for soon.
• 1:55:21
  The total amount lost was $1933.60.
• 1:55:26
  However I'm looking at three $33,687.00.
• 1:55:32
  So from the problem cause affidavit I've got 5000 cases.
• 1:55:35
  Help me refresh my memory. How did we go from 1000 to 33?
• 1:55:41
  Did it? Was it discovered upon more
• 1:55:45
  research that there were more deliveries that were
• 1:55:48
  misdirected? What's Co now?
• 1:55:53
  The remaining balance is $31,685.55.
• 1:55:58
  OK, So the total amount was 33, right and 687 and this was?
• 1:56:20
  In our probation since 2018, this is going on 8 years, right?
• 1:56:26
  OK. Just when we packed it on the
• 1:56:30
  last NTRP in 22, you placed them on inactive so that he could pay
• 1:56:36
  and at that time you ordered that he paid $200 a month.
• 1:56:40
  And yeah, so that'd be 2400 and nothing similar.
• 1:56:46
  That's not having as to the restitution.
• 1:56:50
  I've looked back at the original PSI on this matter, Judge, and
• 1:56:53
  looks like when we dealt with this back in 2018 and there was
• 1:56:59
  in the PSI, we had to resolve between 42,000 and $25,000 as
• 1:57:05
  well. And it's like it was, it was
• 1:57:09
  looks like it was resolved somewhere in the middle and that
• 1:57:13
  was back. In. 2018 OK.
• 1:57:19
  The judgment the judgment reflects restitution was ordered
• 1:57:22
  in the amount of 34,000, a little over $34,000 and he has
• 1:57:36
  the amount is is 31,685 is the. Remaining.
• 1:57:42
  Balance is the remaining balance.
• 1:57:52
  So what are we doing about it? Yes, Sir.
• 1:57:58
  Well, I've just returned. Back to work.
• 1:58:01
  This last month I've been I've been dealing with blindness due
• 1:58:07
  to my diabetes. I got one eye left but I'm
• 1:58:13
  pretty sure the 307 week at now I can probably still.
• 1:58:19
  I still do that as long as I keep working.
• 1:58:22
  Where are you working? Metal floors?
• 1:58:25
  What do you do? I'm a A.
• 1:58:26
  Boilermaker. How much do you make an hour
• 1:58:28
  then? Still here?
• 1:58:29
  How much do you make? An hour, then 26?
• 1:58:34
  Let's see, are you? It's full time, yes, but like I
• 1:58:39
  said, I ain't been. Working full time today.
• 1:58:41
  All right. OK.
• 1:58:52
  So what other deaths do you have?
• 1:58:57
  Other than this my. Riff my each other these my
• 1:59:02
  lights, my thorns. So how much an hour are you
• 1:59:10
  saying? 26.
• 1:59:12
  Still got a little challenge before, but it's not.
• 1:59:15
  So we always figured out like 2000 hours a year.
• 1:59:19
  That's that's where it comes out to 8 hours, which is $50,000.
• 1:59:26
  So you ought to be able to pay more than you're paying at that.
• 1:59:30
  So need a financial, do we have we done something financially
• 1:59:37
  that he signed lately based upon his new income?
• 1:59:40
  Let's do that. If you can sell, like I say,
• 1:59:49
  you're making 50,000 and you're going to need to pay more than
• 1:59:56
  $300 a month for me to be happy about it.
• 2:00:02
  OK, what 500? That's still $6000.
• 2:00:08
  You're making 50. And that's the minimum based.
• 2:00:23
  But let me see a copy of what y'all can produce and I'll look
• 2:00:27
  at it. But let's do that for the time
• 2:00:32
  being. A minimum for 500 a month and
• 2:00:35
  then we'll re view it in about 6 months.
• 2:00:39
  See where things are. We need to whittle this down a
• 2:00:43
  lot better than it has been. OK.
• 2:00:48
  See everybody whose names?
• 2:01:03
  Yeah. Doesn't.
• 2:01:06
  Help on Billy Willick case y'all there?
• 2:01:09
  I had three cases. Yes, Sir.
• 2:01:19
  Where'd you go? You sit there.
• 2:01:23
  I. Can.
• 2:01:33
  Remember, Mr. Williams? Yes.
• 2:01:37
  Yes, Sir. Yesterday's son of an order
• 2:01:42
  signed a punch yesterday. We we just submitted him.
• 2:01:45
  TRPS. Your Honor, I called in last
• 2:01:49
  year. They turned himself in
• 2:01:52
  yesterday. You.
• 2:01:54
  Don't need to swap the places. Just just hang on one second.
• 2:02:04
  Just you need to talk to him before we start or anything.
• 2:02:09
  You don't need to swap for your answer.
• 2:02:13
  I thought we. Were.
• 2:02:14
  Going to talk. With that and the client did
• 2:02:16
  here for the stoners. That's certainly and Mr. Blair
• 2:02:19
  had discussed. But so if I could have a minute
• 2:02:20
  unless. Sure you can.
• 2:02:22
  Yeah. Go ahead.
• 2:02:23
  Yeah. OK.
• 2:02:23
  Yes, Sir. I was just going to let you know
• 2:02:32
  Mr. Ross is here always very much, Sir.
• 2:02:37
  Mr. Ross, come on. OK.
• 2:03:11
  Doctor, Sir, thank you. Who's on this?
• 2:03:13
  You. Right now, we call 25 CR 1049
• 2:03:19
  the state of Texas versus Christopher Verajas.
• 2:03:21
  That's you. You were present with Mr.
• 2:03:24
  Marino, your attorney and the state's attorney.
• 2:03:29
  As you know, you were charged with his third degree felony of
• 2:03:32
  online solicitation of a minor, which carries with it up to 10
• 2:03:36
  years in prison if convicted. What are we doing today?
• 2:03:41
  Today I'm I'm getting information I there's not been
• 2:03:47
  since I'm so far away that I'm not my one of my courthouses and
• 2:03:51
  I work normally. I don't have a lot of discovery.
• 2:03:53
  So I've got some today I'm going to get I'd like to get a little
• 2:03:56
  bit of time so I can get some more.
• 2:03:58
  Then there's more nights I can talk to her from.
• 2:04:01
  Yes. So Judge, we added him to the
• 2:04:03
  discovery portal and I released it to him today.
• 2:04:07
  I believe it's some kind of authorization or something he's
• 2:04:09
  waiting for for it to actually get to him.
• 2:04:11
  Yeah, yeah, this is. I mean he did all the steps but
• 2:04:15
  it's just it's pending something I can't remember but it I can't.
• 2:04:19
  Get into that. OK.
• 2:04:24
  Is that are you working on getting that done though?
• 2:04:27
  Oh, yes, yeah, yes, it's pending right now.
• 2:04:31
  And if it doesn't work out, I'll call this morning.
• 2:04:33
  We'll figure it out. It sounds good.
• 2:04:40
  All right, on bond conditions, did we include a condition about
• 2:04:49
  not having access to the Internet where according to this
• 2:04:57
  probable cause affidavit, all this was happening through
• 2:05:00
  websites? Did we do that?
• 2:05:04
  That's going to be done as a condition of your bond.
• 2:05:09
  I don't want you to. You shall not go on to any
• 2:05:16
  website that certainly is that has explicit materials, sexually
• 2:05:31
  related materials such as the ones it is alleged you accessed.
• 2:05:39
  Judge, can we also make sure there is a condition we can
• 2:05:42
  amend if it's not there that he have no contact?
• 2:05:45
  With the listed. Victim in this case.
• 2:05:58
  I don't want him to have any contact with any child other
• 2:06:03
  than his own. And you shall not have any
• 2:06:11
  contact with the complainant who is listed in this indictment.
• 2:06:20
  Do you understand nor anyone on your behalf contact that child.
• 2:06:27
  Plus, you don't have contacts with other children other than
• 2:06:34
  their own related to any matters that involve the accessing
• 2:06:44
  through the Internet or accessing in any method or
• 2:06:50
  purposes of sexual gratification.
• 2:06:57
  I hope that's clear. I'm not sure how I'm supposed to
• 2:07:02
  police that. I can't.
• 2:07:04
  I'm not going to stand over his shoulder and watch him in the
• 2:07:08
  Internet. But how do we do that?
• 2:07:11
  I'd have to speak with somebody here.
• 2:07:13
  I know in Hardin County Judge, there was a requirement that if
• 2:07:17
  they're going to have access to the Internet, they had to have
• 2:07:21
  it through some type of program that allowed.
• 2:07:23
  Do you have to use a computer for any purpose?
• 2:07:29
  Then then it's real simple. You will not access a computer
• 2:07:36
  for any purpose until we can dispose of this matter somehow.
• 2:07:40
  Do you understand? That's the safest thing.
• 2:07:43
  I catch you and that would your bond, whatever it is, would be
• 2:07:49
  revoked and we sit it out in jail until we can figure this
• 2:07:53
  out. Yes, Sir, I understand.
• 2:07:55
  You have to understand that that this is under the law
• 2:08:00
  victimization, whether you're doing it in person or through
• 2:08:07
  videos it and when it involves children, that is a more serious
• 2:08:15
  it's it's a form of harmful actions for children, which we
• 2:08:20
  don't want under the law and this court doesn't disallow and
• 2:08:25
  you should know better. You do you have children.
• 2:08:28
  No, Sir, Yeah. And judge that I'm learning from
• 2:08:31
  probation department that there is a program called remote COM
• 2:08:35
  and so we'll make sure that they explain that to him.
• 2:08:38
  I'm sure that's something. How does that work?
• 2:08:41
  Right? Yeah, it's not self-explanatory.
• 2:08:46
  So remote com is and like a software that he would install
• 2:08:51
  on his device that would monitor any Internet, use any calls,
• 2:08:55
  emails, phone messages he makes to ensure that he's not using
• 2:08:59
  the. Internet.
• 2:09:01
  Do you use a computer? No.
• 2:09:04
  You don't have any access to a computer.
• 2:09:06
  I have, well, my wife has a tablet.
• 2:09:11
  And, of course, her cell phone. So he could download it on his.
• 2:09:14
  He would need to download it on his cell phone.
• 2:09:16
  Judge. You live with your wife, y'all
• 2:09:19
  cohabitate. All right, well then just to be
• 2:09:22
  on the safe side. So we have some, you know, how
• 2:09:25
  can I police it unless we know it's been done?
• 2:09:30
  So we're talking with the probation office about how that
• 2:09:33
  happens. I'm going to order that be done
• 2:09:36
  so that at least the home used computer device we have some
• 2:09:44
  kind of checks and balances to review.
• 2:09:48
  What? You're doing on it because
• 2:09:51
  you're allowed for personal business, but not for criminal
• 2:09:57
  activity. You understand that and that
• 2:10:02
  that's a way of us checking to make sure that we're policing
• 2:10:07
  all of this until this can get resolved.
• 2:10:10
  What do you want to do next, Mr. Marina, on this?
• 2:10:16
  It's six months old. What do you do?
• 2:10:20
  Are we going to put it for trial or right now I'd like to get a
• 2:10:23
  reset because I'd like to link it the discovery every.
• 2:10:26
  How much time is 2 months good? Yeah, That's that's.
• 2:10:29
  That's a good. Time.
• 2:10:32
  We'll reset it for two months. Also make sure that you get with
• 2:10:37
  your bondsman. Bondsman needs to be told about
• 2:10:40
  the requirement and. And I do have one more payment
• 2:10:44
  on my. Bond as well and you're taking
• 2:10:46
  care of that, though that's between you and the bond that's.
• 2:10:48
  All that's all good. But the bondsman needs to know
• 2:10:51
  about what conditions and this other condition of this software
• 2:10:56
  that goes on to your computer so we can ensure that you're not.
• 2:11:01
  Most of us want to send a copy to me.
• 2:11:03
  I'll give them to the bonds. People you want to give them to
• 2:11:05
  the but. Any any time I sense that you're
• 2:11:10
  not following the rules in this regard, your bonds going to be
• 2:11:13
  pulled. Just sit it down in jail because
• 2:11:17
  this type of offense is on is harmful to children.
• 2:11:24
  All children are potential victims and they are precious
• 2:11:30
  commodities that we're going to ensure safety over.
• 2:11:35
  So don't ever even think about pulling a stunt like that again
• 2:11:39
  is that's in your best interest, you understand?
• 2:11:42
  Yes, Sir. And here this is even the
• 2:11:48
  legislature. You don't even have to touch the
• 2:11:52
  child. The legislature says you can go
• 2:11:54
  to prison for 10 years for doing this.
• 2:11:57
  So you can see how strict and important the safety of children
• 2:12:05
  or to this court and to the legislation, to everybody fix
• 2:12:10
  this. This is fixable.
• 2:12:12
  Don't do this again. Right.
• 2:12:13
  OK. Get a reset.
• 2:12:15
  Yes, Sir. Right there.
• 2:12:18
  Thank you. Yes, Sir.
• 2:12:21
  All right. On woolly One second bill.
• 2:12:28
  What are you? You're on Jeremy Dixon.
• 2:12:32
  What are we doing on? Let me just look at something
• 2:12:34
  here. And then I.
• 2:12:38
  What is this on Jeremy? I've got a Jeremy Dixon.
• 2:12:43
  We're waiting on the appeal and I checked and everything's been
• 2:12:46
  filed with them, but there has been no ruling on it yet.
• 2:12:48
  So we just need to put it off another couple months.
• 2:12:49
  It's a there's an aggravated assault tax, that murder case.
• 2:12:53
  OK, I've got a supplemental voucher that's, well, I'm going
• 2:13:00
  to call it a voucher spelled VOOCHER.
• 2:13:10
  People use a lot of vowels, but not the right one.
• 2:13:13
  But anyway, you've added another fee.
• 2:13:15
  What is this about? Help me out.
• 2:13:17
  Because it doesn't. It's not.
• 2:13:18
  It's not real. It's that planet.
• 2:13:20
  Or that's from the first. Trial, I know some medical
• 2:13:22
  records that came in and another, I think I know that
• 2:13:28
  one. It says one hour, but that's
• 2:13:37
  what your time sheet says. It's OK.
• 2:13:41
  Is there going to be any more or is this it?
• 2:13:45
  There's a big. One in there, it's that little
• 2:13:46
  food St. bathroom. Yeah, it's worried when you send
• 2:13:50
  me these bills in an in an installment fashion while going
• 2:13:54
  paying my mortgage to youth. I don't want you to be my
• 2:14:02
  landlord. You scare me enough like you'd
• 2:14:11
  raise my rent. OK, I've signed this.
• 2:14:22
  And what else are we going to need on Jeremy Dixon?
• 2:14:26
  So we just need to, we're going to set it off a little bit so we
• 2:14:28
  can check on the appeal. Once that appeal comes through,
• 2:14:30
  gets affirmed, then we'll just just hear the way you can put
• 2:14:34
  that what most of them are. All right.
• 2:14:39
  Anything else? No thanks, Joe.
• 2:14:41
  OK. Let's go on, Mr. Woolley, Mr. C,
• 2:14:52
  he's in jail. He turned himself in.
• 2:14:53
  We just eat him out. Right?
• 2:14:55
  But in a minute, he wanted to talk first without him, without
• 2:14:57
  his client, for just a second. OK.
• 2:14:59
  Yeah. I had just put him on the doctor
• 2:15:01
  real quick because I wanted to try to, you know, move things
• 2:15:03
  along. And, you know, we got 3 motions
• 2:15:08
  to revoke probation. Yeah.
• 2:15:10
  They're all based on these things.
• 2:15:11
  He's got his hand here. I think that's all he's got.
• 2:15:15
  Yeah. So far.
• 2:15:17
  And I just tentatively, I kind of wanted to see if.
• 2:15:19
  He went on it. I wanted to try to work it out
• 2:15:23
  today but I don't know if that's possible but I still.
• 2:15:25
  Want we've been talking. About one of them is different
• 2:15:37
  because the complaint, the complainant is different.
• 2:15:40
  In. Two of the cases, this one you
• 2:15:42
  have to go over here because it's a more recent.
• 2:15:50
  Case and I've got the allegation of in two of the cases having
• 2:15:57
  contact with the victim inappropriately and then it's
• 2:16:05
  all based on the same thing, just one of them the the victim
• 2:16:08
  in that. Case is the.
• 2:16:09
  Is a former stepdaughter and the other two are with the one that
• 2:16:12
  he contacted and I want. So to stay off of an
• 2:16:25
  unauthorized online computer unless approved.
• 2:16:29
  So again, it's communication issues and he's got the these
• 2:16:38
  are the communications judges when you said when it's want to
• 2:16:41
  peak and save. There's two on that first one
• 2:16:44
  and that Tony Winn, our victim knows him, that name as a name
• 2:16:50
  that he was using when he was living in California and he was
• 2:16:52
  trying to stay away from the police under his name.
• 2:16:58
  There's this lightning, his pictures in the foreground here.
• 2:17:00
  So it's hard. He's not part of the
• 2:17:03
  communication. Who's the person in the
• 2:17:05
  background? That's the person that sent that
• 2:17:08
  as a friend of his. That's they've been friends for
• 2:17:11
  a long time that when someone made the profile.
• 2:17:21
  So I was just curious assuming all that and that means can
• 2:17:24
  computer hookups and all that. It's the one it's not from his
• 2:17:28
  e-mail address. So it's some sort of sub
• 2:17:30
  confusion assuming all that's true.
• 2:17:36
  I was just curious where you want to land on it.
• 2:17:38
  I want him back up and bond our preferably tremendous condition
• 2:17:43
  sometimes. So that's what I don't want to
• 2:17:47
  make him have to do with it and everything.
• 2:17:52
  And we've got his history up on probation and he's probably
• 2:17:57
  about 6 or 8 miles. Yeah.
• 2:18:02
  And I think I'm pretty sure that his actually August, October 7th
• 2:18:15
  and then two. Well, the first one.
• 2:18:18
  I think you had April. Well, y'all, y'all had a trial.
• 2:18:24
  We had an April trial by jury and then two subsequent pleas in
• 2:18:30
  October and then these motions. That was October 7th that he's
• 2:18:38
  placed on salvation from these other two and then these things,
• 2:18:47
  the allegations or inappropriate contact with the victim as of
• 2:18:55
  January 16th. That was two months, two months
• 2:19:01
  with, you know, two months later, he's he's done something
• 2:19:06
  that results in the motion to revoke probation in each of
• 2:19:09
  these cases. Y'all had your trial.
• 2:19:12
  He had me on the appeal. Then then I went ahead and
• 2:19:15
  appeared on all these other cases.
• 2:19:16
  We worked with all that out and then he would have this thing.
• 2:19:21
  God bless you and I know, but I but I have been talking to him a
• 2:19:27
  lot. We were actually going to come
• 2:19:28
  down. I was going to let some time
• 2:19:30
  pass. I was going to succeed.
• 2:19:31
  Here take the model. I've been.
• 2:19:32
  And that's why known about his sister and profession so far.
• 2:19:37
  And then this this he called me Wednesday, that Friday, I think
• 2:19:40
  it was Tuesday and profession told him that this was going on.
• 2:19:45
  So I'll call them. They call me back yesterday.
• 2:19:48
  I saw the order. So here we are.
• 2:19:50
  And I was just something you could somehow they might keep
• 2:19:54
  him on probation and let's see where he goes with it.
• 2:19:58
  I'm just going to say that's not my inclinations.
• 2:20:01
  I just this. These were all serious matters
• 2:20:07
  that were completely made clear to him.
• 2:20:13
  The one thing that was more important than anything else was
• 2:20:20
  the contacting of victims, which has happened and, and it was
• 2:20:30
  almost surreptitious, but it didn't take long.
• 2:20:36
  Yeah, two months, two months. He couldn't contain himself
• 2:20:42
  within the rules for that. And it was him.
• 2:20:48
  They weren't going to him. It was him making the
• 2:20:52
  affirmative contact any better. But the problem has been.
• 2:21:00
  When? He decides he wants to do
• 2:21:03
  something. It's going to be on his turn.
• 2:21:05
  That's the experience that I have come to understand that
• 2:21:13
  Mister Worry, the way he asks and the response on the victim
• 2:21:22
  on this. What's the response they've had?
• 2:21:24
  She's the one that called me and reported it to to me into
• 2:21:27
  probation. She sent it to me by text
• 2:21:30
  message and she, she's had a doesn't want any contact.
• 2:21:36
  She's scared of me. So anything that comes to she's
• 2:21:39
  she's afraid of them. Am I correct that he's done
• 2:21:43
  everything else right on his probation?
• 2:21:45
  I think it has this is everything.
• 2:21:49
  Well. There was a lot of, I mean, this
• 2:21:50
  is there's we're talking about. There's a whole lot of.
• 2:21:56
  Victimization here re victimization well at least
• 2:22:02
  victims have had enough with him on on this matter and they're
• 2:22:10
  they have their voices heard with me and we couldn't have
• 2:22:14
  made it more clear stay away from it.
• 2:22:16
  He couldn't do it in two months and people are now hollering
• 2:22:21
  what in the world how how essentially I'm supposed to be
• 2:22:27
  fashioning rules to protect them as well as hold him responsible
• 2:22:31
  for his behavior and I'm sure they're responsive to when they
• 2:22:36
  call the district attorney's office is what the heck I
• 2:22:39
  thought this was clear. I thought the rules were in
• 2:22:42
  place. It didn't take two months and he
• 2:22:46
  stepped out of bounds. He's he's now re victimizing me
• 2:22:51
  by contacting me. I don't want him.
• 2:22:53
  He was ordered not to do that. I don't want him to contact me
• 2:22:56
  and he's still doing it on his terms.
• 2:22:59
  The tail's not going to lag the dog in this probation.
• 2:23:03
  Yes, Sir. So Ladd declare, so going
• 2:23:09
  forward procedurally, do you don't want to do a bond, I
• 2:23:12
  believe. And then so in about three or
• 2:23:17
  three weeks, 3 weeks, whatever you say, I'm going to set if
• 2:23:22
  we're hearing, but y'all, if y'all can resolve it, otherwise
• 2:23:25
  get it to me and let me police them and see if that's something
• 2:23:28
  we can do. But but I'm going to set it.
• 2:23:34
  I'm going to, I'm not going to lollygag on it.
• 2:23:36
  We're going to set it when you're ready to be able to be
• 2:23:40
  here to represent it and answer these allegations.
• 2:23:46
  But we're moving forward. Yes Sir, Yes, Sir.
• 2:23:48
  Can I be so improving this? Do you have?
• 2:23:52
  Assuming all this is proven which you know, do you have any
• 2:23:56
  inclinations what you may want to be doing on it or hold on?
• 2:24:15
  And just as the discussion is starting to conclude, he mutes
• 2:24:18
  himself. All right, that's dragged on
• 2:24:22
  long enough. Anyways, before we go to the
• 2:24:23
  next topic, the next judge, the next case, the next contestant.
• 2:24:30
  If you all recall yesterday we watched that really weird trial
• 2:24:34
  in Judge Mercer's court where they kept, they kept bringing up
• 2:24:40
  snakes, rats, and the Lord. I'd like to introduce to you the
• 2:24:45
  official snakes, rats in the Lord Jackson County T-shirt.
• 2:24:51
  Spent a lot of time designing this one yesterday.
• 2:24:53
  I think it's one of the best that we've done.
• 2:24:56
  So I would encourage you to give that a look.
• 2:24:58
  There should be a link for you down below this video.
• 2:25:02
  If not, you can go to courtroomfiles.com.
• 2:25:05
  courtroomfiles.com and you will find it at the top of the page
• 2:25:09
  there. If you are a channel member,
• 2:25:11
  remember your 20% discount. That code is listed under your
• 2:25:15
  member benefits on the channel. So pick one of these up.
• 2:25:19
  It's a really, really cool shirt available in six different
• 2:25:22
  colors, many sizes. And the the T-shirt blanks that
• 2:25:28
  we use for these are just tremendously good.
• 2:25:31
  It's the best out there. We've tried them all.
• 2:25:34
  My closet is full of this particular shirt.
• 2:25:37
  They are so comfortable to wear. So check it out.
• 2:25:41
  Pick one up for yourself and the people that you love.
• 2:25:46
  Great for family photos. All right, let's let's go back
• 2:25:52
  to Ohio some more. Judge O'Donnell.
• 2:25:55
  That's the state of Ohio, admitted being in North
• 2:25:59
  Carolina. You understand that charge?
• 2:26:02
  Yeah, sure enough. 2nd violation failed to report.
• 2:26:08
  You understand that charge? Yeah, sure.
• 2:26:10
  Is there something else? There is an.
• 2:26:12
  Addendum for a. Positive.
• 2:26:15
  Marijuana screen and a positive marijuana screen.
• 2:26:17
  You understand that charge? Yeah.
• 2:26:18
  Sure, honor. Mr. Reardon, Your Honor, my.
• 2:26:23
  Client. Admits to the violations and
• 2:26:27
  she's ready to proceed to sentencing of the court.
• 2:26:30
  Is is that correct, Sarah? Yeah, sure.
• 2:26:35
  All right, what's your plea to those violations?
• 2:26:42
  Accept your guilty plea and find your guilty.
• 2:26:46
  All right, So what seems to be the problem here?
• 2:26:58
  At this time, I just want to apologize for my past wrongs.
• 2:27:06
  There's no problem at this. Time there is a problem.
• 2:27:11
  There's 3 problems. First one, you went to North
• 2:27:15
  Carolina without asking anybody for permission to go to North
• 2:27:19
  Carolina. Ironically, had you asked
• 2:27:22
  permission to go to North Carolina to visit your father,
• 2:27:27
  if you had asked Miss Randazzo that, she would have asked me
• 2:27:31
  that and I would have said OK. Second problem is after you got
• 2:27:37
  back, she told you to report. You didn't.
• 2:27:41
  Third problem is you're smoking pot, so there's a problem.
• 2:27:46
  So why do we have these problems?
• 2:27:49
  Well, I've been stopped smoking marijuana.
• 2:27:51
  I don't know why still in my system.
• 2:27:53
  Well, I was in your system because you were smoking
• 2:27:55
  marijuana. And when when do you claim you
• 2:27:58
  stopped smoking? Marijuana end of November.
• 2:28:00
  OK. Well.
• 2:28:05
  That's not true. If it were true, you wouldn't
• 2:28:09
  have tested positive for marijuana.
• 2:28:12
  Maybe the levels? Can be checked out.
• 2:28:14
  I haven't smoked marijuana since the end of November.
• 2:28:17
  I can guarantee that. And I can guarantee you that
• 2:28:21
  that's not true. So what are we going to do now?
• 2:28:28
  I can screen every week, but I'm.
• 2:28:31
  I have my children. What about why didn't you ask
• 2:28:35
  her to go to North Carolina? My dad, he had an emergency and
• 2:28:39
  I just went. I don't know when he'll pass
• 2:28:41
  away, so I don't know when this will be over, and I don't want
• 2:28:46
  to be somewhere where I'm just OK.
• 2:28:59
  Let me try the next one. Why didn't you report the
• 2:29:02
  following week when you were told to?
• 2:29:03
  I'm. Sorry.
• 2:29:17
  Why didn't you report the following week when you were
• 2:29:20
  told to? I don't have childcare.
• 2:29:25
  So how do we go forward with probation if you clearly don't
• 2:29:29
  intend to comply? I do.
• 2:29:33
  Well, you can prove that by actually doing it.
• 2:29:44
  So what you're telling me is you're you're helpless here and
• 2:29:47
  being able to do anything that you're required to do to dig
• 2:29:51
  yourself out of the hole that you put yourself into.
• 2:29:55
  No, I'm capable of doing that. How are you going to do it?
• 2:29:59
  When are you supposed to report next?
• 2:30:02
  I was called March 9th, March 9th based on being violated.
• 2:30:11
  Her. Reporting will now increase to
• 2:30:12
  weekly reporting. Your Honor, as I mentioned in
• 2:30:17
  chambers, I have someone here who's going to make sure she
• 2:30:20
  reports. So the only, really the only
• 2:30:36
  terms I gave you to for probation are no drugs or
• 2:30:40
  alcohol. Did you get an evaluation yet?
• 2:30:44
  Yes. What did they say?
• 2:30:48
  She just she said it was PTSD and bipolar depression which she
• 2:30:54
  diagnosed me with. And So what are they doing about
• 2:30:58
  that? What are you doing about that?
• 2:30:59
  We meet weekly, every Wednesday for an hour.
• 2:31:03
  OK. So all you have to do
• 2:31:05
  essentially is keep doing that which will better yourself.
• 2:31:12
  Quit smoking pot and show up, otherwise you wouldn't be
• 2:31:18
  sitting here in that blue uniform.
• 2:31:24
  How long you been in jail now? Since Monday?
• 2:31:28
  Since Monday? OK, where are your kids?
• 2:31:31
  They're with their aunt. Are they, are they better off
• 2:31:37
  with their aunt or you with me? OK.
• 2:31:42
  And why don't you make sure that they're with you?
• 2:31:48
  You can't. You can't wander through the
• 2:31:54
  next 7 1/2 months of probation with a woe is me attitude.
• 2:32:04
  I can't do anything about it and just continue to float by.
• 2:32:11
  You actually have to do something about it to help
• 2:32:17
  yourself. Now.
• 2:32:19
  Apparently you've got others that are willing to help you.
• 2:32:22
  So there really is no excuse for any of this stuff.
• 2:32:27
  Now, in the next 7 1/2 months, if you have the occasion where
• 2:32:37
  you have to go to North Carolina to see your father, whether it's
• 2:32:45
  an emergency or otherwise, then you need to call Miss Randazzo
• 2:32:50
  and tell her exactly what the situation is.
• 2:32:55
  They're not out to get you. They're out to provide help for
• 2:32:58
  you. Got it.
• 2:33:26
  All right, I'm going to continue you on community control 5 days
• 2:33:29
  with credit for five and, and do the the, the, the little amount
• 2:33:34
  I told you you had to do. Is she coming to see you after
• 2:33:38
  she gets out today? Go see her after you get out
• 2:33:41
  today. Anything else, Mr. Reardon?
• 2:33:44
  Nothing further, Your honor. All right, that's it all.
• 2:33:47
  Right. All right, it's been a week or
• 2:33:52
  two since we've been here. Let's go down to Miami-Dade and
• 2:33:57
  see how Mindy Glazer is holding up as we approach the lunch hour
• 2:34:00
  there. So this is February 20th.
• 2:34:31
  There they have the incident on Betheagus surveillance.
• 2:34:36
  So. You were ordered to stay away
• 2:34:46
  from the alleged victim Malafi gene.
• 2:34:49
  No contact with the victim either directly, indirectly, in
• 2:34:52
  person, in writing, by telephone, third parties and
• 2:34:56
  stay at least 500 feet away from the victim is home, school and
• 2:35:00
  place of employment at all times.
• 2:35:01
  Stay away from 711 and 2 NW 79th St., Miami, FL Right Count 1's a
• 2:35:07
  necessary element. Count 2.
• 2:35:09
  I'll try to split them. Count 1 is $1000 for proper use
• 2:35:16
  of a firearm during a felony. Count 2.
• 2:35:18
  Aggravated assault with a fire on.
• 2:35:26
  Actually I'll split one and five.
• 2:35:30
  Count count 2 it will be $3500. Count 3 battery.
• 2:35:41
  That's for spitting at him. I don't know if he struck him.
• 2:35:43
  He spit at him. It doesn't say it actually
• 2:35:45
  struck him. Count 3 is assault so that one
• 2:35:55
  of the 250 for assault or 1150 a $150.00 for count 3.
• 2:36:02
  Count 4. Resisting an officer without
• 2:36:04
  violence. Probable cause for that charge
• 2:36:21
  $500 bond. Count 6.
• 2:36:24
  Improper exhibition of a weapon is $500 and I'm sorry, count 5.
• 2:36:30
  Count 5. Improper exhibition of a weapon
• 2:36:32
  is $500. Count 6.
• 2:36:34
  Disorderly conduct is $150.00. I post.
• 2:36:38
  You're gonna have to post a bond.
• 2:36:39
  Somebody's here for you. I can't promote you because
• 2:36:41
  you're not on victim, but he can post a bond and get out of jail.
• 2:36:45
  What 5 It was it $5800 I believe is the bond.
• 2:36:52
  Do you have money for the bond? Yeah.
• 2:36:58
  Sure, he'll be able to, yes. Yes, I like to see, I like to
• 2:37:04
  see Pvt. I like I do a thing, you know,
• 2:37:08
  as an offer you a house or recipe.
• 2:37:09
  You didn't have money. Should I get the money?
• 2:37:11
  I can give you a house request if you don't have money for a
• 2:37:14
  bond. Hey, you get.
• 2:37:17
  I have money for. The month I got, I got tricks
• 2:37:20
  man I. Can't.
• 2:37:22
  Do it now. Just you got to be calm.
• 2:37:24
  Be calm. Have a good day.
• 2:37:25
  Thank you. Sir.
• 2:37:28
  And whoever Chuck is, he's going to post a bond and get out.
• 2:37:30
  OK, Next, have hobby your phone.
• 2:37:45
  Hi, Minister Picone. So you were arrested for one
• 2:37:49
  count of child neglect, possession of cocaine,
• 2:37:52
  possession of drug, paraffin possession and cannabis.
• 2:37:55
  I will appoint the public defender's office for you.
• 2:38:01
  There's a small child applying next to an adult male in the bus
• 2:38:05
  stop. He's passed out.
• 2:38:08
  He is given dark pain and. Then they found drugs on him.
• 2:38:42
  So there's probable cause for the charges.
• 2:38:45
  I don't know, cocaine. I see cannabis.
• 2:38:47
  Where's the cocaine? Was that the first?
• 2:38:53
  It says 2 pipes, one with marijuana, the other one with
• 2:38:56
  crack residue. So you were ordered to stay away
• 2:38:59
  from video zone? Was it the child want
• 2:39:02
  supervisor? I think it maybe stay away order
• 2:39:06
  that child could be going to hold whatever you took the pass
• 2:39:08
  out killed the child. You are ordered to stay away
• 2:39:11
  from the alleged victim whose initials are XP.
• 2:39:14
  No contact with the victim either directly, indirectly, in
• 2:39:18
  person, in writing, by telephone, through third
• 2:39:21
  parties. No contact with the victim
• 2:39:23
  through social media or other electronic means.
• 2:39:27
  You must say at least 500 feet away from the victim is home and
• 2:39:31
  school at all times. Do not engage in any criminal
• 2:39:34
  activity. Do not use or possess illegal
• 2:39:37
  drugs. Do not purchase possessor carry
• 2:39:40
  a firearm, gun, weapon or ammunition.
• 2:39:43
  You must immediately surrender A firearms, ammunition and then
• 2:39:48
  against weapons permits to the nearest Police Department
• 2:39:52
  followers or and I don't know if the child's going to be placed
• 2:39:57
  CCF or foster care or shelter or with the mother.
• 2:40:00
  But if the child's you know if the child's in the meals.
• 2:40:03
  With the mother. Do you live with the child's
• 2:40:06
  mother member? He's a member, OK.
• 2:40:11
  Also, in the event there was an open case in dependency court
• 2:40:14
  arising from the same set of facts and events in this case,
• 2:40:18
  then any and all orders entered the dependency court regarding
• 2:40:21
  your contact, visitation and custody shall suit the seat or
• 2:40:25
  replace this 4th order. Do you want to stay away?
• 2:40:28
  All right Pre and all services Alternate fund.
• 2:40:32
  Count 12000 $2500 Count two $1000 for the possession of
• 2:40:42
  propane. Count 3 possession of
• 2:40:46
  paraphernalia $500 count for possession of cannabis via
• 2:40:51
  dollar and that's it. Good luck to you Sir.
• 2:40:56
  The alternate is 2500 what? Count 1's 2500 to 1000 three 500
• 2:41:02
  for a dollar with pre trial. All in all, she's holding up
• 2:41:09
  pretty good. Usually she's throwing things by
• 2:41:11
  now in her docket, so it's nice to see.
• 2:41:14
  For those of you wondering about her audio who haven't seen as
• 2:41:18
  much, Judge Glazer. So she spent months in an
• 2:41:21
  alternate courtroom while they upgraded hers, and this is the
• 2:41:26
  result of the upgrade and they have never been able to get it
• 2:41:30
  working well. But what are you going to do?
• 2:41:33
  Good news. Speaking of crappy audio,
• 2:41:35
  Dungeon Court is in session this morning, so we'll be able to go
• 2:41:39
  there in the fourth hour. Let's go back to Judge Elmore
• 2:41:42
  and he has a new contestant approaching.
• 2:41:44
  Let's see what's going on there. Maybe.
• 2:41:49
  Somebody could take that back and have him sign a copy.
• 2:41:52
  So you want 2 copies? One we'll go back to Mr. Nelson,
• 2:41:55
  I'll take it with him. The other one he's going to put
• 2:41:57
  initials on. Will that sit?
• 2:42:02
  Right here you have. Officer, could you just take?
• 2:42:07
  One and have him. Give.
• 2:42:08
  One to him, and then he's got to put his additional.
• 2:42:11
  You need a pen, Take a pen from all right.
• 2:42:15
  Yeah, yeah, yeah. The one, the gentleman, we just
• 2:42:17
  had him. All right, Now I need an
• 2:42:19
  attorney. Our next case here today is
• 2:42:26
  PEOPLE, the State of Michigan versus Levi Evans Spears.
• 2:42:29
  This is case #6-14, 201 FH. Before the court this morning is
• 2:42:41
  Miss Dean Stark from the butcher Misaki Department for Community
• 2:42:46
  Corrections Independent. Mr. Spears, who's currently in
• 2:42:49
  custody, is now here at the fence table.
• 2:42:51
  The court also recognizes. Go ahead and tell me who you
• 2:42:54
  are. Nate Carnes on behalf of.
• 2:42:56
  The people. Oh, my gosh.
• 2:42:57
  All right. Thank you.
• 2:42:58
  And now we're just waiting for Mr. Harrison.
• 2:43:29
  Well, we're waiting for them. Austin, buddy, this is for you.
• 2:43:43
  Don't say I don't give my audience what they need.
• 2:43:57
  I spoke attorneys. Samantha, do you do karaoke?
• 2:44:21
  No, I don't know. Miss Stark, do you like to do
• 2:44:25
  karaoke? All right, see if we need
• 2:44:27
  somebody to sing. Located.
• 2:44:30
  All right. Heard you had the last time you.
• 2:44:36
  Said. I know I've got a couple of
• 2:44:37
  different songs. I like singing rap songs as if
• 2:44:43
  you're it takes 2 to make a thing go right.
• 2:44:48
  It takes 2 to make it out of sight.
• 2:44:52
  Jeffrey. Jeffrey Douglas Harrison here in
• 2:44:58
  the courtroom. And we're here today for a
• 2:45:02
  probation. I'm sorry.
• 2:45:03
  An alleged bond violation raiment here today.
• 2:45:07
  Mr. Spears was here earlier this week.
• 2:45:10
  That was I think a couple days ago or two days ago on February
• 2:45:14
  25th for an alleged bond violation.
• 2:45:20
  He admitted to that violation had to do with failing to test.
• 2:45:24
  The court released the defendant out of the continuous or be
• 2:45:28
  released on his continued bond, but it ordered him that to
• 2:45:32
  appear for random I'm sorry to appear for testing and the
• 2:45:38
  defendant did appear for testing that day after being released
• 2:45:41
  from the Wexford County Jail. He appeared at the community
• 2:45:45
  corrections office and allegedly provided a sample and where he
• 2:45:51
  tested positive for and he was also founded possessing a
• 2:45:58
  container allegedly with urine on his person, meaning it was
• 2:46:03
  either someone else's urine or fake urine.
• 2:46:07
  And yes, there's a such thing as fake urine.
• 2:46:10
  Mr. Harrison, how does your client wish to respond today?
• 2:46:14
  Wishes to make an admission. Your owner.
• 2:46:18
  Mr. Spirits, please raise your right hand the best you can.
• 2:46:21
  Do you swear or affirm the information Testimony about
• 2:46:23
  provides? Shall we?
• 2:46:24
  The truth hold truth. That's about truth I.
• 2:46:26
  Do, your Honor. You may lower your hand.
• 2:46:28
  All right, so. Mr. Spears, you do have the
• 2:46:29
  right to due process here today, and that is to require the
• 2:46:32
  prosecution to put on some evidence to demonstrate that
• 2:46:37
  there was a bond violation that wouldn't be a trial.
• 2:46:40
  I could. Be considered an allegation of
• 2:46:42
  contempt. We're failing to comply with the
• 2:46:45
  court order. But we don't do that.
• 2:46:46
  We just treat this as a review of pre trial release editions
• 2:46:50
  underneath what's called Michigan call 6.106 paragraph H.
• 2:46:56
  However I'm told today that you're going to admit to testing
• 2:46:59
  positive and possessing either fake urine or or or urine that
• 2:47:03
  belong to somebody else. Is that what you that was going
• 2:47:06
  to happen? Yes.
• 2:47:09
  I'd also like to just apologize to the court and to community
• 2:47:12
  questions for just not being honest in the first place.
• 2:47:16
  Has anybody made any threats or coercion to get you to make this
• 2:47:20
  admission today? No.
• 2:47:22
  So. Mr. Spears, is it true that when
• 2:47:25
  you left the jail and you came to community corrections, how
• 2:47:28
  long did it take you to get from the jail to community?
• 2:47:30
  Corrections. Why am I riding this stuff?
• 2:47:32
  I ended up having to walk and then I was called out.
• 2:47:36
  Ended up going to the store and then calling for rides.
• 2:47:38
  Up to 4 hours. What store do you go to?
• 2:47:43
  I know that so. The Shell gas station, the one
• 2:47:48
  is there 2 Oh, the Shell gas station is down by the old cops
• 2:47:55
  Mitchellville or the cops Mitchell building or whatever
• 2:47:57
  it's called. I got it.
• 2:47:59
  OK all. Right.
• 2:47:59
  And then you got it right up to the courthouse, OK.
• 2:48:02
  And when you got up there, did you take some other someone
• 2:48:04
  else's urine or a fake urine sample?
• 2:48:07
  It was actually an old sample of my own.
• 2:48:09
  OK. And.
• 2:48:11
  I I was just, I was just worried.
• 2:48:13
  I. Got I have been using heavily
• 2:48:15
  before I got arrested and I was scared it would still be in my
• 2:48:20
  system when I got released. All right.
• 2:48:24
  And it apparently had tested positive for fentanyl.
• 2:48:26
  Is that correct? Yeah, I had been using heavily,
• 2:48:28
  but before I got arrested in the first place.
• 2:48:33
  The court finds the defendant to have violated this terms and
• 2:48:36
  conditions of his bond. His bond requires that he's not
• 2:48:40
  to use disaster consume any illegal or controlled substance
• 2:48:44
  that was provided by a through a prescription from a local
• 2:48:48
  provider. You didn't have a prescription
• 2:48:51
  from this correct? No.
• 2:48:53
  I had been struggling with Jason before jail I.
• 2:48:55
  Understand. All right, Thank you.
• 2:48:58
  All right, so now that we're Mr. and I'll remember from Miss
• 2:49:02
  Stark told us and talked about last time, has there been
• 2:49:05
  getting tested before that Correct.
• 2:49:09
  That was a yes. Left right there.
• 2:49:10
  Nancy, gentleman All right, Mr. Carnes, what do you think we
• 2:49:13
  should do? What's your position?
• 2:49:16
  Your Honor, again this case. Involved the.
• 2:49:17
  Defendant. Stealing a vehicle while
• 2:49:20
  intoxicated, certainly by alcohol, possibly other
• 2:49:25
  controlled substances. And then crashing that vehicle.
• 2:49:28
  So he's. There's a victim out of.
• 2:49:32
  Vehicle it. Was totaled and the community
• 2:49:36
  was put in danger and the defendant is now testing
• 2:49:39
  positive and refusing. These.
• 2:49:42
  Prior. Vacations.
• 2:49:42
  I think the remand is the only option here.
• 2:49:46
  I'd ask the court to impose that.
• 2:49:49
  Mr. Harrison, the position, Sir. Well, believe it or not, I.
• 2:49:52
  Disagree with that assessment of the situation.
• 2:49:57
  These are clearly acts of desperation by someone in the
• 2:50:01
  throes of an addictive episode. You know addiction goes judge,
• 2:50:06
  you're sober until you're not, right?
• 2:50:08
  And that's exactly what happened to Levi.
• 2:50:14
  I wish he hadn't connived to attempt to defeat the drug test.
• 2:50:19
  He wishes that too. That's part of what he wanted to
• 2:50:22
  express to you. Ironically, when they first
• 2:50:26
  brought him in, they attempted to test him at the jail and he
• 2:50:29
  was unable to provide a sample so they neglected to test him,
• 2:50:34
  released him to community corrections.
• 2:50:38
  He had reason to believe there would still be fentanyl fentanyl
• 2:50:42
  in the system and the rest is what he told you.
• 2:50:47
  I'm happy to announce as well to the court that.
• 2:50:51
  Most of the. Conversation I had with Levi
• 2:50:53
  this morning was centered around his desire to go to rehab, and
• 2:50:59
  we're going to try to find him a spot as quickly as we can.
• 2:51:04
  Obviously, if he. Were released on bond.
• 2:51:08
  Now that process could be streamlined.
• 2:51:12
  We wouldn't have to make a motion for release or
• 2:51:16
  modification of his bond to accommodate that.
• 2:51:22
  I don't know what else to say. I see this is a he recognized he
• 2:51:28
  had to stop, he tried to stop, he got arrested in the interim
• 2:51:35
  etcetera, etcetera. This isn't hesitate to use this.
• 2:51:39
  Term this isn't. New use and he has no intention
• 2:51:43
  to go back to using it's. Just.
• 2:51:46
  Something that happened and the times overlap and here we are.
• 2:51:54
  All right, All right, Thank you. All right, so here we go.
• 2:52:04
  I've already heard here from Mr. Spears about what happened to.
• 2:52:09
  Call. Something an act of desperation
• 2:52:11
  also suggests that there must be a response because if someone is
• 2:52:15
  desperate and needs help, well, the court needs to find a way
• 2:52:19
  out getting that help. Also, let's let's not fool
• 2:52:25
  around here. The defendant went from the
• 2:52:27
  jail, which is that way, about half a mile past the courthouse.
• 2:52:35
  And it went to the Shell gas. Station.
• 2:52:37
  By the way. Airport Center for Shellhouse
• 2:52:40
  that way, another half mile or 3/4 of a mile and then came back
• 2:52:46
  here, somewhere between there there and here, this diagonal
• 2:52:53
  triangle, I'm sorry, we should start calling it the the
• 2:52:56
  Westford County Courthouse Triangle, kind of like a Bermuda
• 2:53:00
  one. And then somewhere in all that
• 2:53:04
  he got extra urine that he kept. Don't know where he kept it.
• 2:53:10
  I don't. He kept it there at the jail.
• 2:53:12
  So he must have really gone someplace to either go get old
• 2:53:16
  urine or what else is, I don't know.
• 2:53:20
  He didn't go straight. You are there are text.
• 2:53:26
  Messages in this petition shows he has people conspiring to get
• 2:53:30
  in. Your own OH.
• 2:53:31
  Yeah, yeah, yeah. Those were attached.
• 2:53:35
  Would you? Yeah, yeah.
• 2:53:45
  Oh, I even see that on there. Nadia Yates, the person whom
• 2:53:53
  he's texting had videos or clips of our video and that's OK.
• 2:54:00
  And there's not a big deal. So clearly she knew what was
• 2:54:02
  going and he said I need clean P ASAP.
• 2:54:06
  Got to take Levi to courthouse. So apparently he had a ride
• 2:54:11
  someplace. But I clearly I'm just going to
• 2:54:17
  say I I think the defendant's lying today wants to it's an act
• 2:54:24
  of desperation. Gates if you're watching shame
• 2:54:31
  on you and helping somebody violate a court order go and
• 2:54:41
  Matthew Gray. All right good job people.
• 2:54:47
  All right. Court revokes extended font
• 2:54:49
  remand custody of the Western County Jail.
• 2:54:52
  You can seek to try to get him into a program, Mr. Harrison,
• 2:54:55
  but you're going to need to convince me.
• 2:54:59
  I will remember that. He and his.
• 2:55:03
  Buddies, his friends tried to pull one over on the porch and
• 2:55:08
  he made the corrections. My likelihood of granting him a
• 2:55:15
  bond modification between now and time this case is resolved
• 2:55:20
  extremely low. Almost 0.
• 2:55:26
  Thank you. All righty friends.
• 2:55:32
  So earlier I asked if we should go 3 hours or 4 hours in the the
• 2:55:38
  consensus was 4. But I'm going to split the baby
• 2:55:42
  on this and do 3 1/2. And the reason is to be honest
• 2:55:46
  with you, there is just not a lot of quality court out there
• 2:55:51
  at the moment. Most everybody is done for the
• 2:55:55
  day unless they're doing landlord tenant or like traffic
• 2:55:59
  tickets, and that's not overly compelling.
• 2:56:02
  So we're going to go ahead and go to Dungeon Court now, and
• 2:56:07
  we'll run with it until the bottom of the next hour.
• 2:56:11
  If you're new here and you're not familiar with Dungeon Court,
• 2:56:13
  this is our guilty pleasure. The Soviet era Cold War
• 2:56:17
  lighting, the screams of the dead from behind the camera, the
• 2:56:22
  printer that never stops running, the eternal chair of
• 2:56:27
  doom on the right side where no defendant ever seems to sit,
• 2:56:31
  even when they're in custody. So I don't know what that chair
• 2:56:34
  does there. Old men walking half upright.
• 2:56:42
  Justice in Appalachia is best done in a dungeon in a cold,
• 2:56:49
  dank basement. Ladies and gentlemen, I give you
• 2:56:51
  Dungeon Court. 12, 122259 and 10627, you have to report it's
• 2:57:23
  compliant. Screens are good, yeah.
• 2:57:36
  So that's good. And we're taking care of your
• 2:57:38
  files. Sir, I have the payment.
• 2:57:40
  Today $40. For you.
• 2:57:42
  You already pay it or you're going to pay it now.
• 2:57:44
  I'm going to. Pay it as soon as I get after.
• 2:57:46
  OK. All right, I'll put that down.
• 2:57:48
  We'll go see the clerk. Does it matter if it's Monday?
• 2:58:05
  Surprise? No, Sir.
• 2:58:07
  March 30th will be here next year.
• 2:58:09
  Thank you. That's a Monday.
• 2:58:21
  Thank you. You're welcome.
• 2:58:33
  Andrew Carr is probably on teleconference.
• 2:58:37
  Andrew up there. Peter, John.
• 2:58:40
  Yes, Sir. All right.
• 2:58:42
  This is case number 24/7. How are you, Andrew?
• 2:58:51
  I finished my class for the foundations, for the trading for
• 2:58:55
  the union. Just wanted to start working
• 2:58:58
  there. They're moving us into a family.
• 2:59:01
  Unit. Today for now and we just left
• 2:59:05
  the hospital to get kids, putting the babies here.
• 2:59:08
  OK, walk. One more one.
• 2:59:12
  Mr. Tarvin's here from the Council Center.
• 2:59:15
  Just the same with the report. So looks like things are going
• 2:59:18
  well. Is it he's back?
• 2:59:20
  Are they back in the same unit together?
• 2:59:22
  That's going to happen today, Your Honor.
• 2:59:24
  OK. Yep.
• 2:59:25
  Well, that's great. I'm really happy to hear that.
• 2:59:32
  OK, let's. I'm going to keep you coming
• 2:59:36
  back. I just want to keep tabs on you.
• 2:59:40
  You've got everything pretty much done, but I want to make
• 2:59:43
  sure we're on the right way. Yeah, Yes, Your Honor.
• 2:59:49
  So I'm going to go out a couple of months at.
• 2:59:51
  This time, all right. Yes, your Honor.
• 2:59:55
  Let's. Make it exactly 2 months April
• 2:59:58
  27th, OK, good job you guys stay on course.
• 3:00:03
  All right. Thank you your.
• 3:00:05
  Honor, OK. Thank you.
• 3:00:06
  Thank you, Your Honor. You're welcome.
• 3:00:09
  Jeffrey Collins, he's usually on teleconference.
• 3:00:13
  Jeffrey. Yeah, he is up there.
• 3:00:17
  Morning, Honor. Good morning 19108219 forty
• 3:00:21
  04241521 And you just have to pay on fine.
• 3:00:26
  Do you have a payment or have you made a payment?
• 3:00:29
  Yes, Sir, it's every day. This morning I've been sick.
• 3:00:31
  So. I'm glad that I didn't even
• 3:00:34
  remember I had four. I got a alarm, but it's already
• 3:00:37
  been paid. I've got you to see it.
• 3:00:39
  I've got that. Those $40 been payable.
• 3:00:42
  All right, I'll set you for about a month.
• 3:00:46
  Let's see what that's going to be.
• 3:00:49
  It'll be exactly a month. March 27th will be next year.
• 3:00:53
  Thank you. You're welcome.
• 3:01:02
  Lance Davis. OK.
• 3:01:20
  Your honor, he's also terminating. 7 hours of
• 3:01:23
  community service. He's actually done a lot more,
• 3:01:28
  but he has. 2. Community Services.
• 3:01:31
  So yeah, we had, we made-up a. Plan this morning he's going to.
• 3:01:35
  Do this one first and then continue with the other one.
• 3:01:40
  OK, All right, There's a good report.
• 3:01:44
  We can wait. He's got some fines in court,
• 3:01:45
  costs to pay. We can wait on those.
• 3:01:47
  So he gets. Where he's working.
• 3:01:50
  Your Honor, I am employed right now.
• 3:01:52
  I actually plan on making a payment today.
• 3:01:54
  So, all right, very good. How much can you pay today?
• 3:01:57
  50 all. Right, put you down for that,
• 3:02:00
  you'll go to the clerk's office and do that.
• 3:02:04
  What's where are you working? Now the den in New Boston.
• 3:02:10
  What's that? Is that our restaurant?
• 3:02:11
  Yeah. OK, let's make it April 3rd, the
• 3:02:17
  next 10 that's a Friday, April 3rd, 1st Friday in April, April
• 3:02:22
  3rd. Be your next hearing at 9:00.
• 3:02:25
  See the 1st to make your payment all.
• 3:02:26
  Right. Thank you.
• 3:02:27
  Good job, Brittany Endicott, Brittany.
• 3:02:32
  Endicott. Has not appeared.
• 3:02:42
  It's a theft offense since she hasn't done anything on her case
• 3:02:45
  so it'd be a warrant for failure.
• 3:02:47
  Appeared today. Ronnie Gillespie is here 24601
• 3:02:59
  community service done and you've worked extra toward your
• 3:03:03
  fines. You're getting close to being
• 3:03:06
  finished and you have you finished that Lawrence County
• 3:03:10
  recover. I got a letter from them.
• 3:03:12
  So are you paying anything? Yes, I got $25 to pay today.
• 3:03:16
  OK. I'll set your next hearing for
• 3:03:26
  April 3rd. Get it done before then.
• 3:03:29
  You don't have that much left. You don't have to be here. 9:00,
• 3:03:33
  April 3rd. Thank you, Sir.
• 3:03:38
  Steven Carman, 22 through 2038. Your Honor, I have two forms are
• 3:03:49
  like you just take a Gandret. So you know why I wasn't here on
• 3:03:51
  the 20th like I was supposed to be.
• 3:04:05
  All right. Sorry for the death and your
• 3:04:08
  family. Thank you.
• 3:04:26
  OK, and I think I'd marked it till today anyway.
• 3:04:29
  So the option you've got left is 10 hours of community service,
• 3:04:36
  is that right? It's close to that, yes.
• 3:04:38
  OK, let's get that done. You'll be completed.
• 3:04:43
  Yes, Sir. March 27th you next hearing you
• 3:04:49
  confirm you get that finished with your probation officer.
• 3:04:51
  You're on to be Here 27th, 9:00 AM. 27th. 27th.
• 3:04:56
  Thank you. Exactly.
• 3:05:00
  Thank you. You're.
• 3:05:01
  Welcome. Gregory, Henry.
• 3:05:04
  Levi. Jones, Holly.
• 3:05:06
  Lewis, Michael. Kunzy.
• 3:05:11
  Eric Romans, Matthew Starter. Greg Henry 25320 3/22/20 About
• 3:05:27
  322. Gregory One yes.
• 3:05:30
  So you just have to pay on fines and court costs.
• 3:05:38
  Do you have a payment? Yes, Sir.
• 3:05:40
  How much are you paying? You paid on the 25th.
• 3:05:43
  Didn't I see it? OK, I'm going to try to have
• 3:05:46
  another payment in here by the end of this week.
• 3:05:49
  I'll set this is your early, This is your second review, so
• 3:05:53
  I'm going to set it for April the 10th, start to get down
• 3:05:57
  April 10th. You get it paid off, but then
• 3:05:59
  you don't want to come back. OK.
• 3:06:03
  I'm showing a balance of 260. Yes.
• 3:06:07
  Thank you. You're on.
• 3:06:08
  You're welcome. Levi Jones 25323.
• 3:06:15
  He's. Our United family, yeah, United
• 3:06:19
  family recovered. It looks like we had a little
• 3:06:40
  pickup to deal with and things are better now.
• 3:06:44
  Yeah, she's turning it around nicely.
• 3:06:47
  OK. And he has done some community
• 3:06:57
  service since last hearing. I'm going to try to be here
• 3:07:01
  tomorrow. Did we do?
• 3:07:03
  Community service on Saturdays. We did.
• 3:07:04
  Yes. I'm going to try to be here
• 3:07:05
  tomorrow and finish that out. OK, good.
• 3:07:07
  I'll set you for April 6th. That's a Monday, April 6th.
• 3:07:24
  Thank you, Your honor. Holly Lewis.
• 3:07:29
  Thanks, Chair. 25956 OK, she has done her community
• 3:07:50
  service and the response was ordered to OBP.
• 3:07:55
  That's like she can't from doing that, but she's not here today.
• 3:08:01
  Miranda texted me on her and said that she's going to be
• 3:08:03
  running late at a meeting today. She didn't give me a report on
• 3:08:06
  her, but she has another person. I'll set it to the side report
• 3:08:10
  on this, Lewis, when Matt gets here.
• 3:08:14
  Michael McKenzie, I did get a report on him.
• 3:08:33
  So I think you but you did you get OBP there or are you going
• 3:08:37
  to OBP now? No check.
• 3:08:41
  What's? Yeah, it's a different person.
• 3:08:51
  I was confusing it with somebody else.
• 3:08:53
  I did get a report on another person with a similar thing, but
• 3:08:56
  it wasn't me. I'm gonna.
• 3:08:57
  Be. OK, it says.
• 3:09:14
  I mean it's been quite a while. Sounds like he hasn't engaged in
• 3:09:17
  any treatment. Non compliant.
• 3:09:22
  Order. Treatment.
• 3:09:26
  What say? You.
• 3:09:28
  Yes, Your Honor, my dad suffers from Alzheimer's.
• 3:09:32
  I'm the only child. I live with my mother and him,
• 3:09:37
  and I'm his sole caretaker. I have to lift him, I have to
• 3:09:43
  feed him, bathe him, do all of these things.
• 3:09:46
  We have some home health from Abbott Healthcare that comes in
• 3:09:50
  and does vitals and stuff. We have no one that's there
• 3:09:53
  overnights to be able to does. This prohibit you from using the
• 3:09:57
  phone because it says you didn't even call in and check.
• 3:09:59
  In with my phone was. Disconnected.
• 3:10:01
  I did pay the $300 fine. Yeah, I see that.
• 3:10:06
  OK. I'm going to order you to go do
• 3:10:08
  a urine screen, OK? OK, we'll.
• 3:10:11
  Decide what we're going to do about.
• 3:10:30
  Jarrett Romans 23648 it looks like.
• 3:10:40
  Everything's done. Except I'm looking for a dip
• 3:10:43
  school. We are looking for a dip school.
• 3:10:46
  Last time me and you had spoke I'd let you know they had to
• 3:10:49
  take my thyroid out due to cancer concerns.
• 3:10:53
  OK, We did find out that the cancer did spread into several
• 3:10:57
  lymph nodes in my neck. That right there is the
• 3:11:01
  treatment that I've been getting and I think I have one more
• 3:11:05
  treatment left. I'll be on this judge.
• 3:11:07
  It has taken a lot out of me. I'm not able to work right now
• 3:11:11
  because it's I'm on 14 different medications.
• 3:11:14
  My medication list is on the very back.
• 3:11:17
  It takes a lot out of me out. As soon as I get this done and
• 3:11:20
  taken care of I will get my DIP school but it's just this is
• 3:11:24
  I'll. Give you more.
• 3:11:24
  Time. Thank you.
• 3:11:27
  I won't have you back until two months out.
• 3:11:30
  OK, April 27th or your next event.
• 3:11:34
  And that looks like to me the only thing you need to do to
• 3:11:37
  finish things out OK April 27th, 9:00 AM is your next time.
• 3:11:42
  Do what? Thank you, Sir.
• 3:11:43
  You're. Welcome.
• 3:11:45
  Matthew Starcher is here 25434. And. 4:30. 5 set focus doing
• 3:11:59
  outpatient now compliant with the program.
• 3:12:11
  What are you doing there? Are you working?
• 3:12:13
  What's your plan? I'm currently trying to get back
• 3:12:16
  to work right now. Sir, I went and spoke with my
• 3:12:18
  former boss. But my tools.
• 3:12:20
  Have gone missing since I've been away.
• 3:12:23
  So I had to. Put in applications elsewhere.
• 3:12:25
  I've got a background check that I'm waiting on right now with
• 3:12:28
  the Take 5 car wash. That's looking like the best
• 3:12:31
  thing so far, but staying at it. All right keep working at it and
• 3:12:38
  I want you to continue with the with the counseling that you're
• 3:12:45
  doing outpatient and I'll set you in April.
• 3:12:49
  Let's make it April the 13th to be the next here.
• 3:12:54
  Yeah, good report. Thank you.
• 3:12:56
  Thank you. You're all we're.
• 3:12:57
  Ready. For arrangements, OK, we're
• 3:12:59
  going to start the arraignments now for people that have new
• 3:13:02
  charges. If you've got a new charge,
• 3:13:05
  name's going to be called. So let's get.
• 3:13:08
  Anybody in here in the courtroom to ask?
• 3:13:11
  Arraignments here from 7:00. Arrangements.
• 3:13:13
  To be born. Now, arraignments.
• 3:13:18
  When your name is called, come up to the table to your right.
• 3:13:21
  I'm going to be able to charge with you.
• 3:13:23
  You have a right to remain silent.
• 3:13:24
  You don't have to say anything. You do make statements though.
• 3:13:27
  It's on the record. It can be used against you.
• 3:13:30
  You have a right to have an attorney to have one appointed.
• 3:13:33
  If you can't afford 1, you have a right to bail to make it
• 3:13:37
  stable. I approve the charges against
• 3:13:39
  you beyond a reasonable doubt. If you enter guilty or no
• 3:13:42
  contest, you're waving those rights.
• 3:13:45
  You should not waive your rights if you don't understand what's
• 3:13:47
  happening, if you're confused, you don't know what to do.
• 3:13:51
  Not guilty should be the plea you enter or if you want a trial
• 3:13:56
  or you want to talk to a lawyer, not guilty.
• 3:13:59
  Is the plea. That's the safest plea because
• 3:14:01
  it preserves the rights you have.
• 3:14:04
  Call the first case State of Ohio versus Terry Ray Snyder,
• 3:14:08
  case number TRC 26310 AMV. Good morning your honor, do you
• 3:14:24
  wish me to read the chart? No your honor we have wave not
• 3:14:28
  going to be pre entered. Do you have a preference as to
• 3:14:31
  a? Pretrial.
• 3:14:33
  Date March 9th if we could, Your honor, it should be OK.
• 3:14:38
  Let me check it. Yes, March the 9th for pretrial
• 3:14:46
  tenant Clark not guilty plea is entered.
• 3:14:48
  He will need to get fingerprinted at the jail.
• 3:14:52
  OK, we're a little shorthanded today because Mr. Creeper is not
• 3:14:58
  here. I need him to sign an OR bond.
• 3:15:02
  Yeah, that form and then that's the form right in jail to.
• 3:15:17
  Next series, March 9th, thank your honor versus Jordan Douglas
• 3:15:26
  Miller, number TRC 26313. Sorry, Gordon Douglas Miller.
• 3:15:44
  Mr. Miller, The State's alleging that on February 21st at 7:00.
• 3:15:49
  30. 5:00 PM. In Perry Township, you were
• 3:15:53
  driving your vehicle while you're under the influence of
• 3:15:56
  either alcohol, drugs or some combination of those substances.
• 3:16:01
  The state's alleged this. If you get convicted, it would
• 3:16:04
  be your first offense. So on a first offense, the
• 3:16:08
  maximum you face is 6 months in jail, $1075 fine, three-year
• 3:16:15
  driver's license suspension. That's the most that can happen.
• 3:16:19
  The least there is a minimum. The least you can get if you're
• 3:16:21
  convicted is 3 days and a treatment program, $375 fine,
• 3:16:27
  and a six month license suspension.
• 3:16:31
  You understand that charge and possible penalty?
• 3:16:34
  Yes Sir. States have alleged that you
• 3:16:36
  submitted to a urine screen. Those.
• 3:16:39
  Are our package and sent to the lab in Columbus for testing?
• 3:16:42
  And it takes. Quite a while, several weeks to
• 3:16:45
  get the results. I don't have any results today.
• 3:16:47
  All right. With that said, how do you wish
• 3:16:53
  to plead to the church that you were operating a vehicle in
• 3:16:56
  plastic? Not guilty of your honor.
• 3:16:59
  Do you wish to? Consider for a court appointed
• 3:17:01
  lawyer. Not at the moment, no.
• 3:17:05
  OK. It's going to take 9 weeks at
• 3:17:10
  least probably to get the results back.
• 3:17:11
  So I'm not going to set a hearing for you for about 9
• 3:17:14
  weeks, OK, You could wait and see what the results are or you.
• 3:17:18
  You can go hire. An attorney today if you want
• 3:17:21
  to, it's up to you and then hire one on your own.
• 3:17:24
  So let's see, about 9 weeks would be wow, May, May 1st.
• 3:17:38
  I'm going to set your next hearing for May 1st.
• 3:17:40
  That's a Friday pretrial at 10:00.
• 3:17:47
  Mr. Miller can sign a signature bond and you.
• 3:17:51
  Will. Have to go to the jail and get
• 3:17:56
  fingerprinted and. Mr. Major's going to give you
• 3:17:59
  the form to take it here. If you want to stay at the jail,
• 3:18:02
  you got to go in there and get fingerprinted.
• 3:18:04
  I'm letting you sign a signature.
• 3:18:05
  Bond, which just means. You that you found the court or
• 3:18:09
  you'll pay $1000 terminal if you're not showing up and you
• 3:18:11
  get a warrant for not showing up, Yes Sir.
• 3:18:14
  In the court you want to post any money and do go get the
• 3:18:17
  thing to credit. So I take it that you may hire
• 3:18:20
  in terms of what you're telling me for?
• 3:18:22
  Yes, Sir. Any questions that you have?
• 3:18:27
  There is no license suspension as of Yes, because you don't
• 3:18:31
  have if. You get if.
• 3:18:32
  You take a test and test over the the limit.
• 3:18:35
  There's an automatic license suspension, but you haven't.
• 3:18:38
  There's no automatic license suspension under this scenario
• 3:18:41
  with your urine test. OK.
• 3:18:43
  The one question that I do have, you said three days in the
• 3:18:47
  treatment program, is that overnight, three days, OK, OK.
• 3:18:52
  And that's, that's mandatory, that's the Legislature says
• 3:18:56
  that, that's what they say you have to do.
• 3:18:58
  Or three days in a overnight program.
• 3:19:02
  Or three, three nights in jail. Would be.
• 3:19:05
  The equivalent. So most people don't want to go
• 3:19:07
  to jail. So no Sir.
• 3:19:09
  OK. Any other questions?
• 3:19:11
  No Sir. OK, May 1st will be your next
• 3:19:15
  hearing at 10:00 and Mr. Major will come out and bring you the
• 3:19:19
  form you. Just want to have a seat out
• 3:19:20
  there. I'll bring you that form out to
• 3:19:21
  you. Yes, Sir.
• 3:19:23
  State will, however. Justin Bruton, text number CRV
• 3:19:27
  2662. Justin Bruny Yes, Sir, Mr.
• 3:19:42
  Bruny, the you're being. Made with a copy of the charge,
• 3:19:46
  it's an assault charge and it alleges that Perry Township,
• 3:19:50
  January the 16th of this year, he known, caused or tried to
• 3:19:55
  cause for some harm to Megan Swain.
• 3:20:00
  Spell. Correctly, this SWAIM so that
• 3:20:06
  charge is assault. It's a first degree misdemeanor,
• 3:20:09
  carries a maximum penalty of six months in jail, $1000 fine.
• 3:20:12
  Do you understand the charge? Yes, Sir, I do.
• 3:20:17
  You understand the rights you have as an independent?
• 3:20:19
  Yes, Sir. How do you plead to this charge?
• 3:20:21
  Not guilty. You want a lawyer or appointed
• 3:20:24
  to represent these. I I think.
• 3:20:26
  So. Are you working?
• 3:20:28
  Yes, Sir. What do you do?
• 3:20:31
  Lead. Carpenter for solid rock
• 3:20:32
  construction. I do exteriors, Saw Fit and
• 3:20:35
  Hardy siding. Are you are you working full
• 3:20:40
  time? Yes, Sir.
• 3:20:42
  I'm supposed to be here right now.
• 3:20:44
  OK. I'm supposed I have to determine
• 3:20:46
  what your gross annual income is.
• 3:20:48
  Do you call an income tax return?
• 3:20:50
  Yes, Sir. OK.
• 3:20:51
  Do you know what your gross income is?
• 3:20:53
  Like 27. Do you have dependents?
• 3:20:56
  Do you have any children or anyone that you have to support?
• 3:21:00
  Just a bunch of bills, Sir. That's it.
• 3:21:02
  OK. You're a single person.
• 3:21:04
  Yes, Sir. OK, well, you're actually over
• 3:21:06
  what I can appoint a lawyer for. So you want a lawyer?
• 3:21:10
  You're welcome to vote, but you have to hire your own.
• 3:21:12
  I can't appoint one for you. So probably need some time to
• 3:21:19
  get that done. Yes, Sir.
• 3:21:21
  Any is there a protection? Question.
• 3:21:26
  Is there any problem with you staying away from Megan Swain?
• 3:21:31
  No, Sir, I don't. I think she's just in the wind
• 3:21:34
  up. I don't even know that she lives
• 3:21:36
  in this area anymore. Well, that's maybe you don't
• 3:21:39
  live together or anything like that.
• 3:21:40
  No, Sir. We haven't been here.
• 3:21:42
  No, Sir. Well, here's my main concern is
• 3:21:45
  that everybody comes and you should be concerned about the
• 3:21:47
  city. We don't want you to be allowed
• 3:21:49
  to anything else to her. I don't know if it's true or
• 3:21:52
  not, but I just don't want there to be.
• 3:21:53
  A. Problem.
• 3:21:54
  So I'm going to worry. You stay away from her.
• 3:21:56
  Yes, Sir. And you're telling me that's not
• 3:21:57
  a problem? No, Sir.
• 3:21:59
  You're going to sign something that says I promise to stay away
• 3:22:02
  from Megan. I won't go around there.
• 3:22:04
  I won't contact her. And here's another I have to
• 3:22:07
  say, nowadays, don't post anything about her on social
• 3:22:12
  media. Yes, Sir.
• 3:22:14
  OK. OK, so I'm going to have to set
• 3:22:25
  another hearing and it's going to be either a Monday or a
• 3:22:29
  Friday. Which is better for your work
• 3:22:31
  schedule? Doesn't matter.
• 3:22:33
  Fridays. Fridays are better if a month
• 3:22:36
  you need a month to get a lawyer.
• 3:22:38
  Yes, Sir. OK.
• 3:22:39
  That's March the 27th. That's the one as I set your
• 3:22:41
  next meeting. Yes, Sir, March 27th.
• 3:22:44
  You want to write that down until the form here in that
• 3:22:48
  basket. Next interview on March 27th
• 3:22:51
  will be a pre trial at 10 AM. The enter the protection order
• 3:22:57
  and you can get a copy of the prosecutor.
• 3:22:59
  If you want to stick around, they'll bring you a copy of
• 3:23:01
  that. Take it to your lawyer.
• 3:23:03
  Lawyer. Will be very familiar.
• 3:23:04
  With it. And I'm going to let you sign a
• 3:23:11
  signature bond since you came in on your own.
• 3:23:15
  Do you understand what a signature bomb means?
• 3:23:17
  Yes, Sir, I think just. Your files to come.
• 3:23:20
  It's like an IOUI owe you $1000. I'm going to maybe it.
• 3:23:23
  Is. But I don't have to pay as long
• 3:23:25
  as they're coming forward. And stay away from May.
• 3:23:28
  Yes, Sir, I do have to have you go to the jail and get a
• 3:23:32
  fingerprint because I don't think you got fingerprint yet,
• 3:23:34
  do you? No, I'm not.
• 3:23:36
  No, Sir. Can I do that this?
• 3:23:39
  Weekend or Monday or when you can do it before you get back
• 3:23:41
  here. OK, you can.
• 3:23:42
  Do. He's going to jail.
• 3:23:43
  Anytime you take this form, he's going to bring to you, bring the
• 3:23:47
  visor and say I got to get fingerprints So.
• 3:23:49
  And they'll do it and you'll won't have to stay there.
• 3:23:53
  We'll get back. Yes, Sir.
• 3:23:56
  Any questions you have, Mr. Green?
• 3:23:57
  No, Sir. Be back here on March 27th
• 3:24:01
  unless your lawyer tells you they made arrangements for a
• 3:24:03
  different day. Anytime the day.
• 3:24:05
  Take care. Yes, Sir.
• 3:24:06
  Yes, that's all. Just went up there.
• 3:24:07
  I'll meet you. Meet you up there.
• 3:24:14
  Number CRA 2624. All.
• 3:24:33
  Right, Sir, you're Edward Hanson.
• 3:24:35
  Yes. Mr. Hanson, it's the last that
• 3:24:39
  on November the 11th of 2020. 5. Not only obtained disaster used
• 3:24:45
  back end government. That's a schedule 2 controlled
• 3:24:49
  substance. That charge is a felony of of a
• 3:24:52
  fifth degree carries the maximum penalty of a year in jail and a
• 3:24:56
  $2500 bond. You understand the charge, you
• 3:25:02
  understand the rights you have as a defendant.
• 3:25:06
  You haven't made a hire a lawyer.
• 3:25:08
  No. Do you have a job?
• 3:25:10
  No. We have no income.
• 3:25:11
  No, not right now. I'm not employed.
• 3:25:14
  And I'll appoint Mr. Stratton to represent you.
• 3:25:19
  We'll leave him to come in the courtroom.
• 3:25:21
  Thank. You.
• 3:25:26
  Mr. Stratton, this is Edward Dancing.
• 3:25:28
  He's got a felony comp possession of.
• 3:25:35
  There's a bond up for this. Need to have Mr. Gill come in
• 3:25:44
  and give us a bond recommendation if there's any
• 3:25:46
  additional requirements they want on the bond I've seen this
• 3:25:51
  time. I.
• 3:25:53
  Don't think so. Mr. Gill, This is Edward Hanson.
• 3:26:01
  He's got a phone call, possession of methamphetamine
• 3:26:05
  allegation. He's got a bond up.
• 3:26:09
  I don't have a South Point address.
• 3:26:10
  Is that? A Yes.
• 3:26:13
  Any other conditions the state's asking for on bond, we would be
• 3:26:18
  OK with no additional bond if Mr. Anson were to be assessed
• 3:26:22
  for BEGIN treatment. OK, we have an assessment.
• 3:26:28
  Yeah, yes. How do you pay for medical
• 3:26:30
  services Sir? I have no insurance.
• 3:26:34
  You don't have an medical card either?
• 3:26:35
  No, they can help. They can help him get him.
• 3:26:39
  Medicine. If you're not working, you
• 3:26:40
  should be able to get him back, yeah.
• 3:26:42
  Yeah, I'm not, I'm not tried. Have you ever had treatment
• 3:26:45
  before? No.
• 3:26:48
  What's better for you to go to Ironton or chest food?
• 3:26:52
  Ironton. OK All right.
• 3:26:55
  Taylor wants to talk to you about getting you assessed and
• 3:27:00
  that'll be a conditioner bond is you're going to get an
• 3:27:02
  assessment with Bethesda. I guess that it's a faith-based
• 3:27:06
  burden. Do you have any problem finding?
• 3:27:08
  A faith-based. Burden.
• 3:27:11
  No, all right, I'm going to give you 1000 that you don't need it.
• 3:27:14
  You've got a bond up so I'm going to send you your bond
• 3:27:17
  bonds continue the additional condition is assessment with the
• 3:27:23
  Tesla and if they think you need some treatment, I want you to
• 3:27:27
  start that then let's come back. Is there a time waiver the.
• 3:27:32
  Typical. We'll waive.
• 3:27:33
  Time, Your Honor, What's good for you?
• 3:27:36
  Say 2 weeks two to three weeks out looks like.
• 3:27:40
  Most. Mondays.
• 3:27:41
  In. March are are not good.
• 3:27:44
  So Fridays are better. The 13th, 13th will work.
• 3:27:55
  Yes. March 13th will be your next
• 3:27:57
  hearing Mr. Anson. The what's called preliminary
• 3:28:02
  hearing at 10:00, Taylor. And then you're pretty good.
• 3:28:10
  All right, Thank you. You're.
• 3:28:15
  Welcome Okie Dokie friends. That brings it to a close for
• 3:28:18
  today. I hope you all had fun this
• 3:28:20
  week. I know I did so much so we'll
• 3:28:22
  try it again next week. Monday, 9:00 AM Eastern, 6:00 AM
• 3:28:25
  Pacific, half an hour earlier. If you're a channel member, have
• 3:28:28
  yourselves a great weekend, stop by the channel from time to
• 3:28:32
  time. We'll post some stuff during the
• 3:28:34
  weekend, no doubt, and look forward to seeing you all
• 3:28:37
  Monday. But go enjoy your weekend.
• 3:28:39
  Take care, God bless.