Latest / The Courtroom Files / May 11, 2026 Court Hearings: Judge Prill Sentences Funeral Scammer, Mercer Hears Pleas, Middleton Resolves OWI + More | TCF Podcast #288

Transcript

May 11, 2026 Court Hearings: Judge Prill Sentences Funeral Scammer, Mercer Hears Pleas, Middleton Resolves OWI + More | TCF Podcast #288 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Monday.
• 0:02
  Welcome to TCF Live. My name is Dan Soul.
• 0:04
  I'll be your guide through the next three hours of our journey
• 0:07
  through Courtlandia. But before we get started, today
• 0:10
  marks 13 months as a channel member for Barbara and 12 months
• 0:14
  as a channel member for Lindsay. And I just wanted to take a
• 0:17
  second and thank both of you for all of your support.
• 0:21
  It's really appreciated. It's humbling that you people
• 0:24
  stick with me for so long, so thank you so much.
• 0:27
  With that having been said, let's find our mouse.
• 0:30
  There it is. Let's get started with our our
• 0:33
  favorite magistrate, Magistrate Chisholm.
• 0:37
  This is 26 our row 01648. This culture you recited on
• 0:42
  March 24th at 9:00 in the evening in the area of where I
• 0:47
  live near Woodward and Webster. Not having a valid registration
• 0:51
  certificate. You can admit or deny
• 0:53
  responsibility, or you can admit responsibility with an
• 0:56
  explanation. How do you wish to proceed?
• 1:00
  Admit with an explanation. And what is that, please?
• 1:05
  I received the renewal notice from the Secretary of State.
• 1:09
  For. The.
• 1:11
  Car I owned previous to the one I had and when I got a new lease
• 1:18
  in July, I just simply forgot that I would need to renew my
• 1:23
  license plate in September and I I truly forgot.
• 1:30
  That's the best explanation that I can give you.
• 1:32
  I I think I was in shock when I realized I had let six months go
• 1:38
  by. When when did you get the new
• 1:40
  one? July like 20th or something like
• 1:44
  that. No I don't need the new car, the
• 1:46
  new plate. The minute I left the officer I
• 1:53
  drove straight to Meijer and used the self-serve kiosk and
• 1:57
  renewed my plates that day. Is there anything you want to
• 2:00
  add to this officer? Yes, your honor, I looked up the
• 2:03
  plate and then it's up to date, so I'm OK with the dismissal.
• 2:06
  OK. Disclosure.
• 2:08
  We're going to take what the officer said as a motion to
• 2:11
  dismiss and you are good to go. The ticket is dismissed.
• 2:15
  Thank you. Thank you very much.
• 2:17
  Have a great day. You too.
• 2:19
  Thanks. Well, he's between contestants.
• 2:22
  Tim, thank you for four months of being a Channel member.
• 2:26
  And Wahoo, thank you for eight. Very much appreciate the two of
• 2:29
  you as well. Thank you so much.
• 2:31
  They're all up to date. The next one is not an expired
• 2:35
  play tickets. See how we get on that?
• 2:38
  Good morning. Good morning.
• 2:40
  This is ticket 26 RO 01729. You were ticketed on March 28th,
• 2:46
  almost 8:00 in the evening in Royal Oak near Lincoln and Maine
• 2:50
  for disobeying a traffic signal. You've got three options this
• 2:53
  morning. You can admit responsibility,
• 2:55
  you can deny responsibility, or you can admit responsibility
• 2:59
  with an explanation. How do you wish to proceed this
• 3:01
  morning? I wish.
• 3:03
  To the number 2. #2 is to deny. Yes Sir, yes Judge and.
• 3:11
  Then if you would, raise your right hand to take those so we
• 3:13
  can begin the hearing. Oh, OK, sorry.
• 3:17
  Do you swear or affirm that the testimony you're about to give
• 3:20
  in this matter will be the truth?
• 3:22
  Yes. Yes.
• 3:24
  OK. The officer will testify first,
• 3:26
  please. The honor, the date and time
• 3:28
  listed at the citation at the location of Maine and Lincoln.
• 3:33
  I noticed Miss Davis vehicle run through and go through the light
• 3:41
  and I pulled her over for the traffic.
• 3:43
  I did not. I do remember Miss Davis.
• 3:46
  I did not receive a subpoena for today so I did not review any of
• 3:49
  the dash Cam footage or any part of the citation.
• 3:54
  So I am OK with just dismissing for today since I was not
• 3:57
  prepared. Miss Davis, It doesn't get
• 3:59
  better than that. It does not.
• 4:03
  Soon to the answer's motion to dismiss.
• 4:05
  Ticket is dismissed. You are good to go, ma'am.
• 4:07
  Thank you guys. Have a good day.
• 4:09
  You too. Thanks.
• 4:11
  First person on in the waiting room I don't see on the docket.
• 4:14
  So we'll go to Missouri. Missouri, if you would unmute
• 4:19
  yourself, please can you hear me?
• 4:21
  Yeah, we can. OK.
• 4:22
  Thank you. This is 26 R row 01733.
• 4:26
  This ticket was issued on March 28th, 849 in the evening,
• 4:30
  Woodward and 10 Mile area, Royal Oak for driving on expired
• 4:33
  plates. Yes.
• 4:35
  The officer has already indicated that you renewed the
• 4:38
  plates and she has moved to dismiss the chicken.
• 4:41
  So glad you appeared but you are good to go.
• 4:45
  The ticket has been is being dismissed.
• 4:48
  OK, Thank you. No fee.
• 4:49
  I don't have to pay a fee or anything either.
• 4:51
  You are good to go. OK, thank you.
• 4:53
  Enjoy your day. Thank you.
• 4:54
  You too. Bye.
• 4:57
  Bye at Mr. Privity, this is citation 26 R row 01754.
• 5:04
  Mr. Privity, you were cited on the 29th of March 1243 in the
• 5:09
  morning in the area of Royal Oak near Main and 4th Streets for
• 5:12
  operating while using a mobile electronic device.
• 5:15
  You can either admit or deny responsibility, or you can admit
• 5:18
  responsibility with an explanation.
• 5:21
  How do you wish to proceed? I would like to admit
• 5:25
  responsibility with an explanation.
• 5:28
  What is that please? So I was, I haven't, I haven't
• 5:36
  been driving for super super long and I don't very oftenly
• 5:44
  take phone calls while I'm in the car.
• 5:48
  I was not using the phone in any fashion.
• 5:50
  I just had it against my ear and I didn't I wasn't aware that the
• 5:56
  the law was hands free. I've since then researched into
• 6:02
  it and read it through so I understand I've gotten a card
• 6:09
  holder that's legal for future GPS usage or anything like that.
• 6:15
  And I guess I also, I'm not 100% sure how fines work per
• 6:24
  district, but the first offense for that law was put at $100.
• 6:31
  I don't know. I couldn't find anything about
• 6:34
  like if districts apply certain costs after the fact or?
• 6:42
  But when you see the signs that say for example, speeding
• 6:47
  tickets doubled in school zones, the fine is doubled, not the
• 6:51
  whole cost because there's a fine and then there's costs.
• 6:54
  So the the total expense with this citation is $220.
• 7:02
  However, there's there's no points for this when they do
• 7:06
  the. The research on hands free and
• 7:09
  hand held communication devices shows that once a conversation
• 7:16
  is going, they are both about equally distracting, but the
• 7:23
  distraction caused by the use of the hands in dialing makes it
• 7:27
  much more dangerous than just talking to your dashboard kind
• 7:30
  of thing. But the actual conversation is
• 7:34
  pretty much the same. If you're talking with a
• 7:36
  passenger that can also be distracting, but then you have
• 7:41
  the benefit of the passengers reaction to the danger.
• 7:43
  The driver might not be seeing as fast as the passenger does
• 7:48
  people that are operating. On the on the.
• 7:50
  Very first license you get before you have a full license.
• 7:53
  They can't use a phone in any way, hands free or hands held.
• 7:59
  It's just off the table because it is distracting.
• 8:02
  Now, I don't know that holding a phone that is more distracting
• 8:06
  than holding a hamburger, but that is what the law is.
• 8:10
  Now, there's no points for this yet, but the fine is 220 and you
• 8:16
  can pay it online or by mail, or you can pay it at the courthouse
• 8:19
  counter at that's more convenient for you.
• 8:21
  Yeah, if I may, I was, I, I knew that there was no points
• 8:26
  attached. I was just looking to, if
• 8:29
  possible, come here today just to plead with the court that it
• 8:34
  be reduced in some fashion if possible.
• 8:38
  Well, I can give you time to pay if you need time to pay.
• 8:41
  Yeah, that would that would help.
• 8:43
  What kind of time do you need, Sir?
• 8:46
  At least a month would be OK. I can go 30 days, OK.
• 8:50
  And that can be paid online or by mail or at the counter,
• 8:53
  whatever works for you. 30 days to pay.
• 8:57
  Thank you. OK.
• 8:58
  Thank you. Bye.
• 9:00
  So good morning once again, everybody.
• 9:02
  It's TCF live on a Monday. Good to have you all here with
• 9:06
  me this morning. Let's go to Huron County,
• 9:10
  Michigan. This is Judge Prill, and this is
• 9:13
  the case of Terry Kaufman. This is filed over 207390 at
• 9:19
  Age, Time and Age Sentencing. Appearing on behalf of the
• 9:22
  defendant is a list of the Weisenbach and from the Attorney
• 9:25
  General's Officer. Could we have your name to the
• 9:27
  right, Michael? Tresco in your honor.
• 9:29
  Please spell your last name, Sir TRESCONE.
• 9:33
  Thank you. Keith Trescone.
• 9:34
  This time of day is that for sentencing for the defendiveness
• 9:37
  matter is Weisenbach. Where's your client?
• 9:40
  Thank you, Honor. My client is not with me at this
• 9:42
  point. I received a call and I have
• 9:44
  since received a text message from his wife that he is at the.
• 9:47
  Hospital. Mr. Trescone, do you have any
• 9:48
  response? Your Honor, the people tried to
• 9:50
  meet with Mr. Kauffman before the case was filed and the
• 9:53
  attempt to resolve this pre charge.
• 9:55
  Every time we set up a meeting with Mr. Kauffman He canceled
• 9:59
  the meeting the morning of. Because he was in the.
• 10:01
  Hospital. This seems to be the game that
• 10:03
  he plays to avoid responsibility and the people are requesting a
• 10:06
  bench warrant his wife's. About any response.
• 10:08
  I have no reason to disbelieve his wife.
• 10:11
  There is. Nothing in this record or any
• 10:13
  reason whatsoever doubt for truthfulness with regards to the
• 10:16
  matter. That's Maria.
• 10:17
  That's well for the record. We did have a brief conversation
• 10:21
  off the record regarding this matter.
• 10:24
  The court was advised that the defendant is unavailable and at
• 10:28
  least at this point, and the Attorney General's office has
• 10:31
  been as placed on the record exactly what was stated during
• 10:35
  during our conversation. And as a result of that, this
• 10:39
  matter is scheduled for 9:00 AM. The defendant is not here.
• 10:42
  He has until 9:30 this morning to appear.
• 10:45
  If he fails to appear on this matter, the court is going to
• 10:48
  issue a benchmark for his arrest body bond.
• 10:52
  And that was discussed as well in chambers as well.
• 10:55
  That's why it's not I just. Want.
• 10:56
  To let the court know that that is agreed.
• 10:58
  I want to. Let the court.
• 10:59
  Know that I could probably be available until 11:00 to get to
• 11:02
  other matters and I do need to meet with an individual.
• 11:04
  Whom I? Am.
• 11:05
  So that would take some time. So I can be.
• 11:08
  And Your Honor, if I may, if the court would provide a paper copy
• 11:11
  of the warrant at 9:30. I have my special agent here in
• 11:14
  person who plans to go directly and arrest Mr. Kaufman.
• 11:17
  Very well. We'll try to get that done as
• 11:18
  quickly as possible. Thank you.
• 11:20
  Well, I should say we'll we'll go off the record and we'll
• 11:23
  recall this case around 9:30 or so.
• 11:27
  Thank you. Take care.
• 11:30
  Well, that's taken A twist. Just as a reminder for anybody,
• 11:35
  Terry Kaufman was the guy up in the thumb of Michigan who was
• 11:39
  the funeral director who basically took everybody's money
• 11:43
  and provided no services. What was it, like 200 people he
• 11:47
  defrauded or something to that effect?
• 11:49
  Over $1,000,000 as I recall. So that has taken a definite
• 11:53
  twist. So I will try to keep an eye on
• 11:57
  that while we are live here during our three or so hours and
• 12:02
  I'll keep you updated as I can. Let's go back to yeah, let's go
• 12:07
  back to Magistrate Chisholm. I admit responsibility with an
• 12:10
  explanation. What is that explanation please?
• 12:15
  So I'm an interventional cardiologist.
• 12:19
  I know this is not an excuse, but I was driving one of my
• 12:23
  patient, his heart stopped. So I was just driving to be able
• 12:27
  to get there on time. I work in Royal Oak Hospital, so
• 12:31
  it was 2:00 AM, they called me, they said his heart stopped.
• 12:33
  So I was trying to rush to the hospital just to get there on
• 12:35
  time. On time for what?
• 12:38
  To take him to the Cath lab to do the procedure for him.
• 12:41
  His heart stopped. But he he was still being cared
• 12:44
  for by by physicians, was he not?
• 12:47
  He was in the emergency department, but they we have to
• 12:49
  when the heart stops the heart attack, I have to take him to
• 12:52
  the Cath lab and open his arteries.
• 12:55
  So yes, he was taken care of by other physicians, but it's the
• 12:59
  more that it's just it's time is essence for the muscle.
• 13:02
  If we don't get by within 20 minutes, to him it's his heart
• 13:09
  doesn't come back is. There anything you want to add
• 13:11
  to this officer? Yes your honor I no I iterated
• 13:15
  this to him on the stop I had to go over 90 mph to catch up to
• 13:21
  him. After he passed me I did AU turn
• 13:24
  in the middle Rd. did over 90 to catch up to him.
• 13:28
  He lives in Royal Oak, so I know he knows that the speed limit on
• 13:31
  13 miles 35. And I also, just to reiterate in
• 13:35
  the future, I know you work at the hospital.
• 13:37
  I get it, you got patients to save, but they're not by
• 13:40
  themselves at the hospital. And if you don't make it to the
• 13:42
  hospital because you're doing 90 and a drunk driver pulls out in
• 13:46
  front of you or a pedestrian starts walking across the
• 13:49
  roadway and you hit somebody and you die, then your patients not
• 13:53
  going to live either. So just keep that in mind.
• 13:58
  Sometimes we're going fast as an officer because we got, you
• 14:01
  know, emergencies to go to, you're not paying attention and
• 14:04
  you hit one of us that's even, that's even worse.
• 14:07
  You know, like there's different circumstances, especially in the
• 14:09
  middle of the night. And I believe I'm not mistaken,
• 14:13
  the night that I pulled you over was like a Friday or Saturday
• 14:15
  night. And then Royal Oak.
• 14:17
  That's a really dangerous night to be going fast in the area
• 14:21
  just 'cause we do have a lot of drunk drivers, unfortunately.
• 14:24
  So I, I get it, I go to emergencies too, but there's a
• 14:28
  reason why we have lights and sirens and you don't.
• 14:31
  So just keep that in mind while you're going down 13 mile
• 14:33
  because I would hate to see, you know, a physician getting in an
• 14:36
  accident, trying to save their patient, but they were being
• 14:39
  reckless on the way there. So just keep that in mind.
• 14:43
  And I could have done a lot more on the stop too.
• 14:45
  I could have taken your car. You could have gotten a
• 14:47
  misdemeanor. It could have been, it could
• 14:49
  have been a lot worse in many different ways.
• 14:52
  So just please be more mindful in the fact that we are out
• 14:55
  there, teenagers are out there, drunk drivers are out there and
• 14:59
  I don't, I would hate to see something that happened to you
• 15:02
  or somebody else because someone's not being responsible
• 15:05
  on the road. So just to reiterate, I did, I
• 15:09
  did give you quite, quite a big break that night as well.
• 15:13
  The other factor too is that increasing the speed doesn't
• 15:17
  change the time that you arrive by very much at all.
• 15:21
  On a 25 mile city suburban course, if somebody drives as
• 15:25
  fast as they can for 25 mile, they drive as fast as they can,
• 15:30
  but they stop for the lines. City suburban will save 2 1/2
• 15:34
  minutes in 25 miles. So it really doesn't get you
• 15:39
  there faster and makes seems like you're getting there
• 15:42
  faster, but it really doesn't amount to much time.
• 15:44
  The other side of the coin is to the points.
• 15:47
  Given your record, the Secretary of State is going to give you an
• 15:49
  opportunity before the points go on to your record to take an
• 15:53
  online Traffic Safety class to avoid the points.
• 15:56
  The fine is $170. It can be paid online or by
• 15:59
  mail, or you could pay it at the courthouse counter if you like.
• 16:03
  The Secretary of State does not assess the points until after
• 16:06
  you've had the opportunity to take the class that the
• 16:09
  Secretary of State will send you the information on.
• 16:12
  You don't need to do anything to initiate that process.
• 16:15
  As long as your address on your license is the address where you
• 16:19
  reside, you'll get the mail from the Secretary of State.
• 16:23
  So that's 170 and still the possibility of no points.
• 16:27
  Had the officer written you for one mile an hour faster, you
• 16:29
  would not have been eligible for that program.
• 16:32
  Thank you. Have a good day.
• 16:34
  So this half hour of TCF brought to you by Dock Dash.
• 16:36
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• 16:40
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• 16:42
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• 16:46
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  Maybe, but they will save your life.
• 16:49
  Dock Dash. You can find it in the Google
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  App Store or the Apple App Store or any of your favorite app
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  stores. Thank you so much, Doc Dash, for
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  sponsoring this half hour. Let's go to Let's go to Judge
• 17:03
  McNally. 146691-B25883935325883825625883838175
• 17:15
  and P5F244556. Your name.
• 17:19
  All right, I took your plea on the April 14th case.
• 17:21
  You had a lawyer at all of this, didn't you?
• 17:23
  Yeah, who's your lawyer? I forgot the guy's.
• 17:26
  Name, but it was the guy in the room.
• 17:29
  So the last one, it was Mr. Haynes last time it looks like.
• 17:33
  Is he here today? He's.
• 17:35
  Not, no. We have Mr. Graziani now, John.
• 17:37
  You still have to go, Mr. Graziani.
• 17:40
  Have a seat in the. Hallway so you can have a seat
• 17:42
  out there and bring all the files to him.
• 17:45
  OK, we had a change of the lawyers after a few months here.
• 17:49
  People against Megan Crystal Clark, 26-F-246-O36.
• 17:55
  Good morning, man. Hi.
• 17:57
  How are you? Your name?
• 17:59
  Megan. Clark.
• 18:02
  All right, you're getting close to not having one of these
• 18:04
  accepted. You understand that?
• 18:06
  Right. All right, to the you want to
• 18:09
  plead the impeding traffic, is that what you're going to do to
• 18:12
  that charge, responsible or not responsible?
• 18:15
  Responsible. All right, fines cost 175 and
• 18:21
  you are all set. Thank you so much.
• 18:22
  OK, and I'm going to dismiss the speeding.
• 18:24
  Slow down. No, please.
• 18:25
  OK. Have a great day.
• 18:27
  Thank you. Patricia Christine Sanders,
• 18:29
  26-F2461-O1. Good morning, ma'am.
• 18:33
  Your name, Patricia. Christine.
• 18:36
  Sandy, all right, you are going to plead the impeding traffic,
• 18:38
  correct? Correct.
• 18:39
  To that charge, responsible or not responsible?
• 18:43
  Were you sighted on this stair to stop assured clear distance
• 18:47
  back in March? Do you have any other tickets?
• 18:50
  I have that. Puller up here accident that I
• 18:53
  was turning into Panera and did you get a ticket?
• 18:56
  Did you get impeding? Yes.
• 18:57
  So you got to be careful. You have two and two weeks,
• 19:00
  right And you had a failure to yield in December of 25, right?
• 19:04
  Yes. Got to be careful to the charge
• 19:07
  impeding traffic. Responsible or not responsible.
• 19:10
  Responsible. Yeah.
• 19:11
  I'm going to accept your plea. Do you still live in Saint
• 19:14
  Helen? I own the house up there, but
• 19:16
  I've been down here three years because I tore up my arm and net
• 19:19
  and still trying to get my arm back at my sisters.
• 19:24
  All right, I'll. Accept the plea.
• 19:26
  Dismissed the speeding 175. OK.
• 19:29
  Thank you, Sir. You're you're all set.
• 19:31
  Cashier into the hall to your right.
• 19:32
  Tatiana Sanchez, 26-F-246-O15. Hey, CD, I would check here
• 19:43
  instead of here. I'll check here.
• 19:45
  I'll date that here. If it's set.
• 19:47
  Has to be set for an informal. OK.
• 19:49
  Your name, Tatiana. Sanchez.
• 19:51
  All right, Good morning to you. You were going to you met with a
• 19:53
  department Rep and you're going to plead the impeding traffic,
• 19:56
  correct. Do that charge responsible or
• 19:59
  not responsible. You got a clean record.
• 20:02
  I'll accept the plea. 150 is your total and you are all set.
• 20:06
  OK. Have a good day.
• 20:08
  Thank you. Morning.
• 20:10
  So how was the course yesterday? You're right, Ice.
• 20:13
  The aerating. Yeah.
• 20:16
  But they're not as bad as they were on Wednesday, I'll tell
• 20:18
  you. Oh, yeah.
• 20:20
  They did them last Monday. So every day they'll get morning
• 20:23
  there, Lieutenant. Yeah, I know.
• 20:29
  Yeah. Sure, Sergeant.
• 20:33
  Good morning. How are you?
• 20:34
  Good. How are you?
• 20:35
  Not bad. Yeah, you should have an
• 20:43
  attorney. She is an attorney yes, take it
• 20:46
  on the way. He went to 5 speed one to five
• 20:47
  over. So she spoke a little bit, said
• 20:51
  she's he's got, he's a nerd for better.
• 20:53
  Oh, it is OK. I don't know.
• 20:55
  Oh yeah. Yeah.
• 20:56
  I was under the impression, but you wouldn't get.
• 20:59
  Dismissed, I said. I thought the big thing that
• 21:01
  that's OK, that is then no, there's so I.
• 21:05
  Think that that was. Base.
• 21:07
  All right, Cannon Lynn Clark, 287245996.
• 21:11
  How you doing? Good.
• 21:13
  Nice to see a smiling face in here.
• 21:15
  You're going to plead to impeding traffic, right?
• 21:18
  You have insurance? I do.
• 21:20
  All right. OK.
• 21:22
  All right. To the charge of impeding
• 21:24
  traffic. Responsible or not responsible.
• 21:28
  OK, Going to accept your plea. You're going to slow down
• 21:32
  because you're going 51 and a 25, right?
• 21:36
  150 is your total. Good luck.
• 21:38
  Slow down. Have a great day.
• 21:39
  Thank you. I don't know if I'm pronouncing
• 21:41
  this correctly. Thai Harrow Panguin, 261-5079 O
• 21:47
  your name. Good morning, Sir.
• 21:50
  You're going to plead to impeding.
• 21:53
  You're going to plead to impeding traffic to that charge.
• 21:56
  Responsible or not responsible? You plead responsible to
• 21:59
  impeding traffic at 0 points. It won't go on your record.
• 22:03
  All right, Please accept it. 150, you are all set.
• 22:07
  Have a good day. Thank you.
• 22:10
  This is the line I'm talking about.
• 22:12
  And I'm then the only time I'm going to write anything is if I
• 22:17
  it will set up the informal or something.
• 22:19
  You're all set, Sir. Have a good day.
• 22:21
  Thank you. What is your name back there?
• 22:26
  Al Cantera. Are you?
• 22:29
  Is that him? Who's Joan?
• 22:30
  Well, Al Cantera. It says he doesn't speak
• 22:33
  English, do you? Come on up here.
• 22:37
  Come. Up.
• 22:40
  Man, you're all set. All right.
• 22:43
  OK. Do you, do you speak good
• 22:45
  English? Do you speak good English?
• 22:48
  Always calculate what? What language do you speak and
• 22:51
  what language does? And does he speak Spanish?
• 22:56
  All right. Do you understand what I just
• 22:59
  said to you? Yeah.
• 23:01
  This says. Can you help me out and tell him
• 23:04
  that this says he's going to plead to speeding one to five
• 23:09
  over. Do you understand that?
• 23:11
  Can you tell him that in Spanish?
• 23:14
  You have to tell him that. Are you going to tell him?
• 23:16
  Yeah. Tell him now.
• 23:19
  Tell him this says he's going to plead to speeding one to five
• 23:23
  goal. Wait, wait.
• 23:30
  Is that what he? No, wait a minute.
• 23:32
  I'll get an interpreter. Have to have him come back if
• 23:34
  you want. I don't want to have to do that
• 23:36
  to him, but I don't want to hear his story right now.
• 23:43
  I have a stipulated agreement that says it says he's going to
• 23:48
  plead the one to five over. Yeah, Tell him that.
• 23:51
  Is that what he wants to do? Ask him if that's what he wants
• 23:53
  to do. Is plead the one to five over
• 23:56
  yes or no, Yes or no? Yes.
• 24:01
  Is that? I want to make sure.
• 24:03
  Here. Help me out now.
• 24:04
  You. What's your name?
• 24:05
  Walker. Can you spell your name for me?
• 24:09
  Yeah. ARNEY Walker WLWALKER.
• 24:19
  All right, is the ask him if that's what he wants to do is
• 24:22
  plead the one to five over. That's one point.
• 24:25
  It will go on his record. Tell him, ma'am.
• 24:34
  Is that what you want to do, Sir?
• 24:36
  Tell him that, ma'am, you got to help me out.
• 24:39
  Yes, Sir. All right, ask him to the charge
• 24:43
  of one to ask him this to the charge of 1 to 5 miles over the
• 24:47
  speed limit. How do you wish to plead?
• 24:50
  Responsible or not responsible? Ask the MAT for me.
• 24:58
  No, Sir. You don't have.
• 25:00
  That charge about high speed, it's just for long drive over
• 25:06
  the train, train, train. Listen, if I have to adjourn
• 25:12
  this and get a Spanish interpreter, do we have a
• 25:14
  Spanish interpreter coming in the next few days, Heather?
• 25:18
  I. Don't think so off the top.
• 25:21
  Of my head. Let me look and see when I have
• 25:23
  Evelyn come, if I have her coming next.
• 25:26
  Are you understanding me? Oh, actually, Judge, we do.
• 25:31
  On the 14th. Evelyn's going to be here for a
• 25:34
  sentencing. I have to adjourn this to the
• 25:37
  14th. I have to adjourn this to the
• 25:39
  14th. The.
• 25:43
  So we're going to adjourn this three days, OK?
• 25:49
  And Evelyn will be here at 8:30. That.
• 25:51
  Day. I'll honor this plea agreement.
• 25:53
  What time are they going to be in here, Heather?
• 25:55
  8:30. Good.
• 25:57
  Will you send them right in? Be here at 8:30 in the morning
• 26:00
  on the 14th, OK? I'll do a notice for them,
• 26:04
  Judge. If they want to come down and
• 26:05
  get it, you go down the hall and they'll give you a paper notice,
• 26:09
  OK? Do you understand that?
• 26:11
  They'll give you a piece of paper three days later?
• 26:14
  You have to be in here on Thursday, the 14th of May.
• 26:17
  OK. We'll have an interpreter.
• 26:19
  It'll be a lot easier. All right.
• 26:21
  OK. Thank you both.
• 26:23
  Alrighty friends, Good morning once again, TCF live.
• 26:25
  It's a Monday. It's nice to have all of you
• 26:27
  here with me this morning. If you haven't done so yet, say
• 26:29
  good morning in the chat. Love to love to hear from you.
• 26:32
  Let's go to let's go back to Judge Prill, new contestant
• 26:37
  there. Second, while number 236983 and
• 26:41
  267411 at each time and date sentencing in both matters, the
• 26:46
  defendant is present, represented by Attorney
• 26:49
  Elizabeth V Weisenbach. The People are represented by
• 26:52
  prosecuting attorney Timothy Jay Rakowski.
• 26:55
  In the newest file, the defendant had pled to prohibited
• 26:59
  weapons possession. There was a probation violation
• 27:03
  in the old file as well. The plea on the prohibited
• 27:07
  weapons charge was on March. 16th.
• 27:09
  Of this year, Miss Karen Evelyn prepared the pre sentence
• 27:13
  report. It's dated April 27th.
• 27:15
  Miss Weisenbach, have you and your client have the opportunity
• 27:18
  to review the precen? Yes, there are.
• 27:20
  Are there any additions, deletions, corrections or
• 27:22
  objections to the report other than guidelines?
• 27:24
  No. Any objection to the guidelines?
• 27:26
  No. Mr. Hiltz, do you agree with all
• 27:28
  that? Yes.
• 27:29
  And Mr. Burkowski, any objection to the report as well as
• 27:32
  guidelines? No.
• 27:33
  Your Honor. Miss Weisenbach, anything you'd
• 27:36
  like to say behalf of your client before the court imposed
• 27:38
  a sentence? Thank, Your Honor.
• 27:40
  Mr. Hiltz comes before the courts. 42 years old and almost
• 27:45
  his entire, for the record, is based upon alcohol.
• 27:48
  He's an alcoholic and he knows it.
• 27:49
  His family knows it Despite that.
• 27:51
  He's a good dad. And you have, I believe,
• 27:54
  received letters from 2 individuals, his former, well,
• 27:57
  mother of his daughter and her current husband.
• 28:01
  That says a lot. That's its own message, that
• 28:04
  those people thought enough of him to write letters and they
• 28:07
  did. They're not half paged, half
• 28:09
  hearted. Yeah, we know him.
• 28:11
  It's 2 pages each about what a dad he is the dad and.
• 28:16
  How he's involved with his. Daughter and how a long
• 28:20
  explanation of Huntington's. I know someone personally who I
• 28:24
  used to chase when I was a prosecutor and her mother died
• 28:28
  of Huntington's and now she's in her early 40s and she is dying
• 28:31
  of Huntington's. I get that.
• 28:33
  And so to impress upon the court that that that is a serious
• 28:37
  matter. But I will tell you this, he has
• 28:39
  kept that private and I was not aware of it.
• 28:42
  Doesn't show up anywhere else because some stuff is just not
• 28:45
  everybody's business. But they felt it was important
• 28:49
  to come forward for their daughter, stepdaughter or
• 28:52
  daughter to say to this court the things that they did in
• 28:55
  their letters. Excuse me, The symptoms have
• 29:00
  started to set in for my client and no matter how he tries to
• 29:03
  control. It it's it's.
• 29:05
  On its own track it it it is a disease that just starts and it
• 29:08
  goes. I'd like to.
• 29:10
  Give a couple of. Quotes in the.
• 29:11
  Letters that we had received as Mr. Believe it's Billy.
• 29:17
  Billy points out Huntington's disease is incurable and
• 29:20
  ultimately fatal and. Nicole.
• 29:23
  Johnson's letter. Says it's the absolute.
• 29:25
  Best. In my opinion.
• 29:28
  Second page, third or third full paragraph, 4th chunk.
• 29:32
  I am not asking that there be no consequences.
• 29:35
  I understand that there must be. I am simply asking with as much
• 29:39
  sincerity as I can express. The court considered whether
• 29:42
  there is a way to hold Charles. Accountable.
• 29:45
  While still allowing him some presence in his daughter's lives
• 29:48
  during what may be a very limited window of time.
• 29:51
  These are decent people, good people.
• 29:53
  They care about their daughter. They asked.
• 29:56
  And by the way, he had, Mr. Hills had no idea these letters
• 29:59
  were coming about. They contacted me directly and
• 30:02
  asked how to send these to you. They are asking for a solution
• 30:06
  that meets both of your, the court's objectives and their
• 30:09
  daughter's time with their father.
• 30:11
  Because it it's going to be limited, I would recommend some
• 30:16
  kind of a split. If the court were to sentence
• 30:18
  him and. One of the recommendations it's
• 30:20
  365 days less 1182, which is 6 months.
• 30:25
  One year turns into six months. So I would.
• 30:27
  Recommend to the court utilizing that six months as a sentence
• 30:31
  and that is a solution that makes time for the daughter and
• 30:34
  it gives the court the option to punish my client.
• 30:37
  He knows he didn't do the community service.
• 30:39
  He knows. There was.
• 30:40
  Counseling of things that needed to be done.
• 30:42
  But he also knew all along that he was not calling.
• 30:45
  That was not going to. That just wasn't going to change
• 30:48
  as nor as the Hunt. So to ask the court to split
• 30:50
  the. Difference.
• 30:51
  Give them what they have asked. For on.
• 30:53
  Behalf of that daughter. And all of the.
• 30:55
  Elder's children and the court gives its objective regards to
• 30:58
  what about the firearms had those before as the court
• 31:01
  confused at least. 1. How many?
• 31:04
  Times, as the court stated in any probation order, you must
• 31:09
  not use or possess or have in your possession any firearms,
• 31:12
  not to be around anyone that possesses those arms that was
• 31:15
  given to you. Understood.
• 31:17
  At the same time, this firearms charge has nothing to do with
• 31:22
  using a gun, it being in the wrong place, hurting anybody.
• 31:25
  It was just there. That was it.
• 31:27
  It was just there. And I would assert to the court
• 31:30
  that sends his own message as well.
• 31:33
  He wasn't hunting. He wasn't anything. 2 firearms,
• 31:36
  not just one. I I know these things, Your
• 31:39
  Honor. I.
• 31:40
  Am here because good people came forward to give a lot of
• 31:44
  private. Personal.
• 31:45
  Information on YouTube to get some time for their daughters.
• 31:50
  Well, their daughter from the other children.
• 31:51
  They approached me. This was not from him.
• 31:54
  Thank you, Your honor. Does your client wish to?
• 31:55
  Address it. Yes, Sir.
• 31:57
  Go ahead, Sir. Just I would like to have a
• 31:59
  little bit. Anything else?
• 32:01
  No, Sir. Thank you, Mr. Murkowski, on
• 32:04
  behalf of Teeth. Ronald, this is the Operation
• 32:07
  Nighthawk case. And as the court has pointed out
• 32:09
  in the past, it shows that there is Teeth behind the probationary
• 32:13
  order because adult probation is out there and they've been doing
• 32:17
  these things and they've uncovered different things such
• 32:19
  as this case. The guidelines on this are. 7.
• 32:22
  To 28. So.
• 32:24
  With that guideline range, Miss Wisenbach is asking for six
• 32:28
  months, but that's below the guidelines and there is actually
• 32:31
  no reason to go below the guidelines on this matter.
• 32:34
  The fact is that Mister Hiltz knew he shouldn't possess A
• 32:38
  firearm and had two firearms on him.
• 32:40
  He's got 2 prior felonies and 22 prior mysteries.
• 32:43
  So we would ask the court to fast and fair and just sentence.
• 32:45
  We recognize that the recommendation is 365 days, but
• 32:49
  the court also can see fit to stay within that guideline range
• 32:54
  wherever. It sees fit.
• 32:55
  Thank you. As stated, Mr. Hills comes
• 32:58
  before the court. 2 prior felonies, 22 prior misdemeanors,
• 33:01
  42 years of age, 12th grade education and employer.
• 33:06
  He was on probation to this court for Operating While
• 33:08
  Intoxicated, third offense and Operation Nighthawk, which the
• 33:12
  Court has been mentioning a number of times over the course
• 33:16
  of about a year. A year and a half is a program
• 33:20
  where the Michigan Department of Corrections Adult Probation will
• 33:24
  go out in the evening and check on probation to see whether or
• 33:28
  not they're totaling the lot. Now, there's some other counties
• 33:31
  that don't engage in that, and that's fine, but Huron County
• 33:34
  does and the court embraces it because probation is a great
• 33:38
  probation is an opportunity to better oneself so that at the
• 33:41
  end of the day, they learn. Individuals learn from bad
• 33:44
  choices and don't re reengage in the type of behavior everyone
• 33:49
  has to total lot. Sadly, Nighthawk has produced a
• 33:54
  number of people. Before this court, we're.
• 33:56
  We're going to have another sentencing here later this
• 33:59
  morning involving another nightclalk matter, and it just
• 34:02
  goes to show. That.
• 34:04
  While you're on probation, you have to follow the rules.
• 34:07
  If you fail to follow the rules, there are consequences for it.
• 34:10
  And, and certainly the court did review the letters that have
• 34:13
  been presented. They were presented to the court
• 34:15
  back on May 4. Court reviewed.
• 34:17
  Those letters and they're moving, there's no question
• 34:19
  about that. So the court considers that, but
• 34:23
  you also have to consider the behavior and when a court
• 34:27
  sentencing it sentences an individual to a felony.
• 34:31
  The number one, other than obviously the other terms, the
• 34:34
  number one thing is you are not possessed or use a firearm, have
• 34:38
  anything in your possession. You can't even be around
• 34:41
  individuals that possess those items.
• 34:43
  And in this case, 2 shotguns were found.
• 34:46
  They weren't used. I agree with Miss Weissman, they
• 34:48
  weren't used in the mission of a felony, but when you are a
• 34:52
  felon, there are certain things you cannot do.
• 34:57
  So the court has to consider that Court has to consider also
• 35:01
  at the time when police, or I should say police, when
• 35:05
  Nighthawk folks contacting Mr. Hills, his blood alcohol levels
• 35:09
  .112 on probation for operating while intoxicated give him
• 35:14
  credit for not being behind the wheel.
• 35:17
  But he was consuming alcohol and he acknowledges.
• 35:21
  There's. Issues.
• 35:22
  Relative to alcohol and and the court has to consider that as
• 35:25
  well. So a lot to think about here,
• 35:28
  but it will be the sense of this court on the probation violation
• 35:32
  guideline range originally was zero to 17 which would call
• 35:36
  normally for a jail sentence. And it will be the sentence of
• 35:39
  this court that probation is unsuccessfully discharged or the
• 35:42
  defendant is unsuccessfully discharged from probation.
• 35:46
  All monetary obligations still remain due and payable, and as a
• 35:51
  matter of fact, he's paid everything, so I've given him
• 35:54
  credit for that. But it will be the sense of this
• 35:57
  court that he served 365 days in the county jail, credit for 182
• 36:02
  days previously served relative to the new charge that is the
• 36:07
  possession of a firearm in this case, 2 firearms will be the
• 36:12
  sense of this court. The.
• 36:13
  Defendant paid crime victim's assessment of $130.00.
• 36:17
  Court cost of $200, payable at the rate of $20.00 a month.
• 36:22
  A fine of $200 payable at the rate of $20.00 a month.
• 36:25
  Attorney fees are waived, $68 in state costs will be ordered.
• 36:30
  The firearms will be forfeited to the Bad Axe Police Department
• 36:33
  for disposition and it will be the sentence the court that the
• 36:37
  defendant serves. 365 days in the county jail.
• 36:40
  Credit for one day previously served the first seven months -1
• 36:46
  day. So the one day credit, the first
• 36:48
  seven months to be served upfront.
• 36:51
  The remaining time frame left will be held in advance.
• 36:56
  The reason the court is doing that is based upon there are
• 36:59
  health concerns and it's clearly documented and it's clearly
• 37:04
  another concern the court has because we have to balance the
• 37:07
  medical concerns of the defendant.
• 37:09
  We also have to consider the cost of the county relative to
• 37:13
  providing services. For the invented.
• 37:15
  If he's lodged in the county jail, so there's a balance there
• 37:18
  and the court has to look at that, But the remaining jail
• 37:21
  time will be held in abeyance. And if he successfully does,
• 37:25
  everything he's supposed to be doing follows through.
• 37:29
  Remaining time will be held in advance, but if there's a
• 37:31
  problem or an issue, he's going to serve the remainder of that
• 37:34
  whole year. The sentences also under under
• 37:38
  law shall be served. Currently it's my duty to.
• 37:41
  Inform the defendant. He is right to seek lead to.
• 37:43
  A deal with. He's financially enabled to
• 37:45
  provide council's own choice. Court will assign council.
• 37:47
  Form of public. Expense each initial receipt
• 37:50
  questionnaire form requesting the assignment council, both of
• 37:53
  which must be executed underoath and filed a report for 42.
• 37:56
  Days. Court is no objection toward
• 37:59
  release so long as it is comporting with the Sheriff's
• 38:02
  Department District Council in this wise.
• 38:04
  I can I approach, Pardon me, can we approach?
• 38:07
  Yes, quick. OK.
• 38:22
  And it stated there's no objection to PA 511 status.
• 38:25
  The reason and just so that everyone's clear, because
• 38:29
  probation would be simple, what about the remaining time in the
• 38:33
  event there's a problem while he's placed on work release?
• 38:36
  They test every time he comes back to the jail, there's
• 38:39
  alcohol in his breath, anything in the system that's not
• 38:42
  supposed to be, then the jail time will be served for for.
• 38:47
  That'll be all. Good luck to you.
• 38:49
  You remanded custody to share off the record.
• 38:53
  So good morning once again, everybody.
• 38:55
  It's TCF live on a Monday, about 45 minutes in already.
• 38:58
  Time is flying. So a couple of things before we
• 39:03
  move to the next court. Judge Pill referenced Nighthawk.
• 39:08
  So specifically in Michigan, this is Operation Nighthawk.
• 39:11
  It's a high intensity, unannounced compliance check
• 39:15
  targeting parolees and probationers.
• 39:17
  It's run by the Michigan State Police and local law
• 39:19
  enforcement. It's conducted after hours.
• 39:22
  The sweeps are intended to verify curfew compliance, check
• 39:26
  for drugs and alcohol, and enforce probation conditions to
• 39:30
  reduce crime. So I wanted to bring everybody
• 39:34
  up to speed on what he was talking about because he also
• 39:36
  referenced that they were going to have another case with that
• 39:38
  today. I don't know if we'll see that
• 39:39
  case or not, but if we do, now we know he's talking about.
• 39:44
  And I also wanted to share this from Lindsay.
• 39:46
  She posted this over in the community tab, but not everybody
• 39:49
  goes to the community tab. She's celebrating her one year
• 39:53
  channel membership today. And again, thank you for that,
• 39:56
  Lindsay. But she says to say the last
• 39:59
  year has been a tough one. Would be an understatement.
• 40:03
  However the consistent bright spot has been this channelist
• 40:06
  community knowing this group is here highly.
• 40:09
  This group is here with and for me has meant more than you know.
• 40:12
  Here's to laughs, the learning, and the love.
• 40:15
  Thank you Dan and the entire soul family for all you do and
• 40:18
  providing this amazing space to come together.
• 40:20
  Thank you to the sidebar panel for being smart and hilarious
• 40:24
  group of humans you are. Thank you for the mod squad for
• 40:27
  always being there and keeping this comfortable space for
• 40:31
  everyone. Thank you Ellie for just
• 40:34
  reducing every single panel she's keyboard crazy.
• 40:42
  Thanks to all the members for encouraging me to share the
• 40:45
  hilarity of my home county. And thank you to all the
• 40:48
  subscribers for being the best community on the Internet and
• 40:50
  for giving me a wonderful space to spend my mornings.
• 40:54
  Love to all here's to the next year.
• 40:56
  So thank you for that, Lindsay, and and thank you for everything
• 41:00
  you do for us. It's very much appreciated.
• 41:03
  So let's go down to Florida and Judge Mercer while I figure out
• 41:10
  what Ellie did to my computer and try to bring back all the
• 41:13
  windows that she just closed. We do have some individuals that
• 41:16
  may need the services of an interpreter.
• 41:17
  Is this Mr. Lopez, Mr. McDaniel? This is Vincent Lopez, correct?
• 41:24
  Mr. Ricardo, if you please introduce yourself to all four
• 41:26
  of the individuals, all of the individuals that made the
• 41:29
  abusing interpreter this morning, please.
• 41:30
  We Buenos Diaz todos Los individuals que quisa SUS en UN
• 41:34
  interpret de esta manana MI nombres giordani Ricardo
• 41:38
  interpret de para que SE pueden comunicar con El ques.
• 41:44
  The first case is, say, versus Vicente Lopez.
• 41:48
  El primer caso ES El estado Contra Vicente Lopez.
• 41:52
  Mr. Lopez, you're here because you've been accused of driving
• 41:54
  with no valid driver's license. Senor Lopez usted esta que
• 41:57
  acusado de manejars in licencia de conducir valia.
• 42:01
  You also have a hold from the United States Immigration
• 42:04
  Service. Tambien tiene una ordende
• 42:06
  retencion de parte de in migration de Los Estados Unidos.
• 42:11
  I'm going to appoint the public defenders office to represent
• 42:13
  you and ask that you listen to your attorney.
• 42:16
  Signal officina de la bogado de Official represente senior
• 42:21
  McDaniel. Spoke to Mr. Lopez, No contest
• 42:25
  the charges. Two days in the county jail.
• 42:33
  Credit for two days $400.00 fine, which would be a civil
• 42:36
  judgment. La condena cerrando tias en la
• 42:39
  carcel con credito por dos Diaz Yuna multa de cuatro cientos
• 42:43
  dolares queseria on fayo civil he.
• 42:45
  Understands any plea can be used against him in the immigration
• 42:47
  court. El en tiende que cualquiera
• 42:50
  cuerdo nun caso penal SE puede U saren SU Contra en El tribunal
• 42:53
  de migracion. And this plea way to perform
• 42:55
  with this right security trial and call witnesses.
• 42:58
  ELA firmado la cuerdo esta renucciando SU de recho en
• 43:01
  cuisio ya yamara testigos. Stands that I also pick him up
• 43:04
  within 48 hours after he's after the day after this morning.
• 43:09
  El en tiende que emigraciono recuerad entro de cuarentao
• 43:12
  choras despues de esta manana. Thank you.
• 43:15
  Mr. Mitchell's had agreeable with steaks.
• 43:17
  It is your honor. Gracias E Senor Mitchell esta de
• 43:20
  cuerdo estado estas O senoria. Mitchell Lopez, did you hear
• 43:24
  that agreement? Senor Lopez, Yes.
• 43:30
  You have. Any questions about that
• 43:46
  agreement? Yes, I do have a question.
• 43:53
  I have a A2 year old boy here and who's going to support him?
• 43:58
  I mean my wife is not working. Mr. Lopez, if you enter this
• 44:03
  plea, your local charges are over with, where you'll be
• 44:06
  released today on our charges. Senor Lopez used used to accept
• 44:10
  esti A cuerdos SUS cargos locales abran terminado Y oi que
• 44:14
  daray libertad por nuestros cargos.
• 44:18
  But agents with the United States Customs and and
• 44:21
  immigration agency have placed a detainer on you.
• 44:25
  Pero Los agentes de immigration E borde de fronteras or control
• 44:30
  the fronteras, Liam puesto now order the immigration.
• 44:33
  In other words, they believe there's a possibility you're in
• 44:35
  this country illegally. And you'll.
• 44:44
  Be picked up within 48 hours of resolving our case.
• 44:48
  And whether? Or not they deport you.
• 44:53
  I have no idea. I can't.
• 44:56
  Answer that and the. Responsibility to take care of
• 45:02
  your child falls on you and the other parent, not on the
• 45:05
  taxpayers in the United States. ELA responsibilidad de cuidara
• 45:09
  SU menor kais sobre usted Y sobre elotro Padre no sobre Los
• 45:13
  pagadores de Impuestos, Estados Unidos.
• 45:15
  Do you have any other questions? No, sorry.
• 45:21
  No, that was it. Is this the play you would like
• 45:24
  to enter, Sir? Este la cuerdo que de southeast
• 45:26
  a septar senor. Southeast.
• 45:30
  Yes. Mr. Lopez, only accept your play
• 45:33
  of no contest of the charge of no valid driver's license.
• 45:37
  Senor Lopez acceptos SU de claracion de nomeo ponguent del
• 45:40
  cargo de Norte en El. I'm going to withhold
• 45:43
  adjudication of guilt and sentence you to two days in the
• 45:45
  Jackson County Jail with credit for two days, Sir.
• 45:48
  La boya condenara dos Dias and la carce del condado bacon
• 45:51
  credito poros Dias dia compleidos.
• 45:54
  I'm going to impose the the mandatory fine of $400.00 and
• 45:58
  that'll be a civil judgment. La boya emponer la multa
• 46:02
  obligatoria de cuatro cientos dolares quesera UN fayo Seville.
• 46:06
  And Mr. Lopez, the immigration agency will be notified this
• 46:09
  morning to pick you up within 48 hours.
• 46:12
  E senor Lopez seleno de figarai migracion esta manana para que
• 46:16
  lo re coja en en en UN plazo de cuarenta yocho boras.
• 46:19
  If they don't pick you up within 4848 hours as agreed, then
• 46:22
  you're tied to. Be released.
• 46:31
  You will get to use the phone after first appearance to notify
• 46:34
  our friends or family what's happened this morning.
• 46:36
  You have any? Questions.
• 46:46
  No. No, that was it.
• 46:51
  Have a good day, Sir. Next on our interpreter list we
• 46:56
  have Victor Castillo. El proximo la lista de
• 47:00
  interpreter, says Victor Castillo.
• 47:02
  Mr. Castillo, good morning. You're here.
• 47:04
  Buenos Dias senior. Castillo, the influence you've
• 47:07
  been charging one kind of driving on the influence and one
• 47:09
  kind of driving no valid driver's license.
• 47:11
  Robert Belorean. I have them in the order on the
• 47:15
  interpreter list is that do you have Mr. Castillo there?
• 47:17
  Is there You don't want to take them that order for some reason?
• 47:20
  Yeah. I was just letting him see the
• 47:22
  first one because I had a hard time communicating with him
• 47:24
  because he couldn't read and write.
• 47:26
  So but he's I wanted to watch the first one.
• 47:28
  But this is Robert Valerian. OK, hold on just a second.
• 47:31
  I got to get to that packet in Mr. I apologize.
• 47:36
  Yeah, I got them. You're taking them in order on
• 47:38
  the list, which is normally how we do it.
• 47:40
  And since you called that other one, I thought you were taking
• 47:42
  them and order they run on the interpreter list.
• 47:45
  So this is we've got a Beloin and we also have a Beloin.
• 47:49
  This is Belorin, Robert Belorin. OK, And Miss Sir, good morning.
• 47:56
  You're here because you've been charged with one kind of drive
• 47:57
  with no valid driver's license, and you also have a hold of the
• 48:00
  United States Immigration Service.
• 48:02
  Buenos Dias senoros tere esta keeper ques Elia cusado de
• 48:05
  manufacturing licencia de conducir ETA ambiente en UN
• 48:08
  ordende retention de parte del servicio de migration.
• 48:12
  There is probable cause in the complaint and I'm appointing the
• 48:14
  public centers officer represent you.
• 48:16
  I Casa probably in la de nuncia Y la bogado, the official
• 48:21
  representing. Please listen to Mr. McDaniel.
• 48:25
  Por favor ES cuccia El senor McDaniel.
• 48:28
  I spoke to Mr. Delore and he's in there.
• 48:29
  Plea of no contest to the charges listed.
• 48:32
  So senoria ablaco El senor belore El seba de Clara nomeo
• 48:35
  pungo antelos cargos Tal equals El acusa understand?
• 48:38
  It's going to be sent to 10 days in the county jail, one day jail
• 48:41
  credit, the $400.00 fine, which will be a civil judgment.
• 48:44
  El en tiende que sele bacon de nada Dias tias en la carcel del
• 48:47
  condado con credito Burundia una multa de cuadros cientos dolares
• 48:51
  que sera UN fayo civil. Understands any plea.
• 48:55
  Can you be used against him in immigration court?
• 48:57
  El en tiende que cuera cuerdo nun caso penal de producer en El
• 49:01
  tribunal de migration. Wait this right for jury trial
• 49:04
  and call witnesses. That Immigration Services is
• 49:11
  going to pick him up within 48 hours of release from here to
• 49:14
  the jail. Elentiende came in migration and
• 49:23
  Mr. Mitchell's had a great word to stay.
• 49:29
  It is your honor. Senor Miguel esta de ecuerdo
• 49:31
  estado lo estas O senoria. Mr. Beloin, did you hear that
• 49:34
  agreement, Sir? Senor Beloin Escuerdo say yes.
• 49:41
  Mr. Beloin, do you have any questions about that agreement?
• 49:44
  Senor beloin tiene alguna pregunta cerca desi acuerdo no.
• 49:49
  No, no. No, no.
• 49:51
  And Mr. Beloin, is this the plea you would like to enter?
• 49:54
  Is senor beloin este la cuerdo que de SE acceptor?
• 49:58
  Yes, here. Yes.
• 50:01
  Mr. Bloren, I'm going to accept your plea of no contest to the
• 50:04
  charge of driving with no valid driver's license.
• 50:06
  Senor valoren accepto SU declaration de nomio bonguante
• 50:09
  El cargo de manicars in licencia de conducir valida.
• 50:13
  Want to judge you guilty of that offense and sentence you to 10
• 50:15
  days in the Jackson County Jail? Lo condeno pul Pablo del del
• 50:18
  lito lo condeno Adias Dias en la carcel del condado Jackson.
• 50:22
  You have credit for one day that you've already served, and I'm
• 50:25
  opposing the fine of $400. DNA credito borundia quella
• 50:29
  complio El esto imponiendo la multa de cuatro cientos dolares.
• 50:33
  That core cost and fine will be reduced to a civil judgement if
• 50:35
  you don't get it worked off. ESA ESA multa SE convertera en
• 50:39
  UN fayo civil en caso de que nolo trabaje.
• 50:42
  When you get down to having only about two days left, the jail
• 50:45
  will go ahead and notify the immigration service to pick you
• 50:48
  up. Pando Yale que en como dos Dias
• 50:51
  la carce le notificarai emigration para que venga re
• 50:54
  cojo. And at that point they will have
• 50:56
  48 hours to pick you up. Y en SE momento dendran cuarenta
• 51:01
  yocho do you have? Any questions, Sir?
• 51:05
  En alguna pregunta senor No, no. Have a good day, Sir.
• 51:11
  Cuetenga, Wendia Senor. We have Gerard, I think, Victor.
• 51:21
  He's not an interpreter. The one that's after.
• 51:23
  Him. Oh, OK, Mr. Castillo, Is that
• 51:26
  who you have, Mr. Madania? Mr. All right, Mr. Castillo,
• 51:33
  good morning. You're here because you've been
• 51:34
  charged with one kind of driving on the influence.
• 51:39
  And one kind of no valid driver's license.
• 51:47
  You also have a charge of resisting an offshore without.
• 51:56
  Mr. Jailer, that last charge has been left off of the jail list
• 51:59
  by accident. It it's on there, it's just
• 52:02
  right next to DUI. OK, it's it's only, it's just
• 52:05
  it's not listed properly. So I'm going to point the pub
• 52:11
  owners office represent you, Mr. Castillo, and ask that you
• 52:13
  listen to Mr. McDaniel. In your Castillo la voya signala
• 52:17
  bogado the official para que lo represente E le pido que escuche
• 52:20
  escuado El senoro McDaniel. Your Honor, I've spoken to Mr.
• 52:25
  Castillo. He's going to plea of no contest
• 52:28
  to the charges as listed. So senorio A hablado con El
• 52:31
  senoro Castillo El sebad E Clara nomeo pon guante Los cargos ta
• 52:35
  liqual Celia cuso and. This will be 60 days in the
• 52:37
  county jail, three days jail credit, $1078 in fines, which
• 52:41
  will be a he'll work off wines here in Trustee Bank.
• 52:46
  El la condena sebaste cienta Dias en la carcel con credito
• 52:50
  por tres Dias ET andrana multa de milse tenta yocho dolares que
• 52:54
  BA trabajar mientras este aqui en la carcel del condado phone
• 52:58
  El programa de you. Understands any plea can be used
• 53:05
  against him in immigration court.
• 53:07
  El en tiende que cual quiera cuerdo Sep.
• 53:12
  His right to a jury trial and call.
• 53:14
  Witnesses just a. Second, our deputy clerk has a
• 53:20
  pregunta. On the jail sentence.
• 53:26
  Mr. McDaniel, Anything. Else was.
• 53:38
  That it is agreeable with the state, Your Honor.
• 53:42
  Mr. Castillo, did you hear that agreement, Sir?
• 53:49
  Yes, sorry. Do you have any questions about
• 53:51
  that agreement? If I were to post a bond, could
• 54:06
  I be released right here in case of a bond and be here in this
• 54:13
  country? Does he have a hold from the
• 54:16
  immigration service? They're they're waiting on one.
• 54:21
  I mean, they waiting. We're waiting on.
• 54:23
  Yeah, it's coming, though. Yes, he does have a detainer.
• 54:26
  Oh, I'm. Sorry.
• 54:28
  There is a detainer. So let me put.
• 54:31
  The questions. No, I'm sorry.
• 54:33
  Go ahead, Mr. Ricardo. Preguntaron TNLU Norden de
• 54:36
  retention departed emigration. It is de la carcel from
• 54:40
  confiscate Confirmaro que si que tieneno Norden de retention.
• 54:45
  So in the last few minutes, the Immigration Service has placed a
• 54:47
  detainer on you, Mr. Castillo. In Los Ultimos Minutos El
• 54:51
  servicio de migration, Estados Unidos Le Adado Nordende
• 54:54
  Redencion Senor Castillo. So that means if you post bond
• 54:58
  you'll be will be held for them for 48 hours.
• 55:01
  It's too significant. Quesi paga la fianza una fianza
• 55:04
  SE le montandra re tenido para emigration por cuarenta yojores.
• 55:10
  And if they don't pick you up within 4048 hours, you would
• 55:13
  then be released. EC no lo re cojen en en UN plazo
• 55:16
  de cuarenta yo chores entonces lo de carrion El libertad.
• 55:20
  But that has been very, very rare for the last couple of
• 55:23
  years. Pero en Los Ultimo El El Ultimo
• 55:26
  para de anos ES placido algo muy pero muirado.
• 55:30
  The vast majority of people, they do pick up within 48 hours
• 55:33
  from our jail. La majoria de Las personas la
• 55:36
  reconen la grand majoria la reconen de nuestra carce.
• 55:40
  But you have the right to post the bond or try to post the bond
• 55:42
  if you wish. Pero tiene de recho A pagar
• 55:45
  fianza or intentar pagar fianza cilo de seya.
• 55:49
  So would you rather resolve the charges by the plea agreement or
• 55:52
  do you want to just post the bond?
• 55:54
  Entonces de cie A ceptar A resolvera la cuerdo A septando a
• 55:57
  la cuerdo El caso A cuerdo A quiera pagar la fianza.
• 56:04
  I'll, I'll call to to pay bond. OK.
• 56:10
  We're going to give you a notice for your next court date then,
• 56:12
  and that will be 2nd June 2nd at 9:00.
• 56:20
  AM. 9:30. AM.
• 56:29
  Any questions? When When is it?
• 56:37
  Your court date will be June 2nd at 9:30 in Jackson County.
• 56:41
  Suaudi encia vaser El dos de junio alas nueve treinta en El
• 56:45
  condado Jackson. Any other questions?
• 56:47
  Alguna otra pregunta. That's it.
• 56:51
  Have a good day. I believe our last case or
• 56:55
  interpreter case is Ledwin Avila.
• 56:59
  He's refused, unable to come out for experience.
• 57:03
  He's already got a bond sale, so he's got a bond set by the
• 57:07
  weekend. Judge.
• 57:07
  We'll just show that bond set at 5500 on the DUI, 2500 on the
• 57:11
  Noble driver's license set by I believe and baby and Judge
• 57:13
  Patterson this weekend. Mr. Ricardo, I think that's it,
• 57:16
  Sir. We appreciate you.
• 57:17
  Thank you, your Honor. Have a good day.
• 57:19
  You too. Just a second, Mr. McDaniel.
• 57:29
  All right, ladies and gentlemen at the jail.
• 57:30
  Let me go back to the top of our list.
• 57:32
  Actually, we got a couple people, at least one person that
• 57:34
  has friends or family here. Two people.
• 57:37
  That is the first one's. Thomas Brown.
• 57:41
  Your Honor, he is. He is not even not either.
• 57:45
  He's refused. I bet he's.
• 57:48
  Not doing very well. Come on up here, ma'am.
• 57:53
  So Mr. McDaniel, we have Miss Brown from that home.
• 57:58
  So ma'am, Mr. Maidani, would you fill her in on he he's just not
• 58:01
  able to understand what's going on or what he he wasn't able to
• 58:06
  understand much of anything when we talked to him.
• 58:11
  So he's, he's been arrested and charged with one count of
• 58:14
  criminal mischief between 200 and $1000 and one count of
• 58:17
  background law enforcement officers.
• 58:18
  He's got a felony and a misdemeanor charge.
• 58:20
  He's in jail. I'm going to set up a bond this
• 58:22
  morning. He's entitled to a bond.
• 58:24
  I'm unlikely to let him go back to that same placement facility,
• 58:28
  especially since he's been there five months and y'all still
• 58:30
  don't have the medication straight.
• 58:31
  Now, I'm not saying whose fault is, I have no idea whose fault
• 58:33
  is, but I'm trying to protect the peace and and the quiet of
• 58:37
  the community. And obviously that's that place
• 58:38
  was not working for whatever reason.
• 58:40
  So I'm going to set him up on and we'll set that bond and see
• 58:43
  what happens. If I find a different placement
• 58:45
  facility or if you can get his medication under control, then
• 58:49
  we'll certainly consider other options.
• 58:52
  Go ahead, ma'am. Yeah, because basically he got
• 58:55
  his blood work and everything, and so they should increase or
• 59:00
  do whatever the psychiatrist told me that it was going to do.
• 59:02
  They was just waiting on the blood work, and they do have
• 59:04
  that. So his medication should be
• 59:06
  regulated and he should be more than last state was to be in the
• 59:10
  community. So we do.
• 59:11
  How many residents are in this particular placement 6 and how
• 59:14
  many staff members? Three, yeah.
• 59:19
  And Mr. Mitchell, anything from the state on the bond?
• 59:22
  The only thing that I can make aware is that the officer does
• 59:25
  kind of elude that damages may be in the excess of $1000.
• 59:31
  I'll have. We'll have to kind of reach out
• 59:33
  and see if they've actually looked at it a little bit more.
• 59:36
  I just want to bring that to the court's attention.
• 59:38
  But other than that, we just the standard usual conditions of
• 59:42
  release. Mr. Brown, I'm sorry.
• 59:43
  I didn't even realize you were in the room out there.
• 59:45
  I didn't know they brought you in.
• 59:46
  Mr. Brown. Do you understand what I'm
• 59:48
  saying, Sir? Yes.
• 59:50
  OK. Mr. Brown, I'm going to set your
• 59:52
  bond. Mr. McDaniel, you won't be heard
• 59:53
  on bond purposes, Sir. No, Your Honor, Mr. Brown, I'm
• 59:56
  going to set your bond at at $2500 each on these two charges.
• 59:59
  Your total bond is $5000. You have a condition that you
• 1:00:03
  can't go back to that residency right now.
• 1:00:06
  Now, if something changes that may justify that.
• 1:00:08
  But as a general rule, I'm not going to let him go back there
• 1:00:11
  unless there's a really good reason to.
• 1:00:12
  Usually going to try to find a different placement, especially
• 1:00:15
  when other other residents are there that may have seen or
• 1:00:18
  witnessed or been involved with the altercation.
• 1:00:21
  So, Mr. Brown, I'm setting you a bond today, ma'am.
• 1:00:25
  My suggestion is you contact Mr. McDaniel at the public bender's
• 1:00:28
  office and get help, get him some options to get Mr. Brown
• 1:00:30
  somewhere else. And we'll try to make that
• 1:00:32
  happen possibly even today. But he, he needs to be, I don't
• 1:00:37
  know that he needs to be in jail, but he needs to be
• 1:00:38
  somewhere where he's secure and safe.
• 1:00:40
  And so is the public and other members of any house he's in.
• 1:00:43
  Go ahead. I'm going to call his
• 1:00:45
  psychiatrist because he's under the care of life management and
• 1:00:48
  I'm pretty sure if we can, I don't know if you guys can
• 1:00:51
  transport him, I'll follow them there or if you, I don't know,
• 1:00:55
  you know the stipulation, but I'm going to post bond.
• 1:00:58
  And I don't know if they can transfer transport him to life
• 1:01:02
  management because he is under their care.
• 1:01:04
  And with the incident that just transpired, I'm pretty sure and
• 1:01:07
  the blood work in, I'm pretty sure that he can actually get
• 1:01:10
  his medication regulated. Did you want to post bond with
• 1:01:13
  his resources? No the the group home.
• 1:01:16
  I don't. I don't know that posting bond
• 1:01:18
  may posting bond may not be necessary if we have a placement
• 1:01:23
  location for him. So the sequence would be give
• 1:01:25
  him a placement location and then it might can save you the
• 1:01:28
  bond money. But if I have somewhere for him
• 1:01:30
  to go, I might would consider some other type of release
• 1:01:32
  without having to post a bond. But I can't do that until I know
• 1:01:35
  he's got somewhere to go and I know where that is OK.
• 1:01:37
  OK, I could get on that soon as I leave here so.
• 1:01:40
  Mr. McDaniel, do you want her given your office number?
• 1:01:42
  Do you want her given a different number?
• 1:01:46
  So if you don't, can you write down the poster's office number,
• 1:01:49
  please, and we'll give it to her.
• 1:01:51
  If you don't know what, hand me the pass and I'll write it down.
• 1:01:53
  So ma'am, this is Mr. McDaniel, his attorney for today's
• 1:01:55
  purposes, his office number, and let him know what you find out
• 1:01:59
  when you talk to the psychiatrist or whoever else
• 1:02:01
  about other placement options. 9366 And she's writing a name on
• 1:02:08
  here. Sissy.
• 1:02:09
  Sissy is Mr. Mcdaniel's assistant, so that's who you
• 1:02:12
  probably need to talk to. OK.
• 1:02:15
  That's the phone number. Thank you, ma'am, for coming
• 1:02:16
  today. Thank you.
• 1:02:17
  All right, Mr. Brown, We'll see you in the future.
• 1:02:19
  In the future. Have a good day, Sir.
• 1:02:21
  Court date, though. I'm sorry, say that again.
• 1:02:24
  He does need his court date, but.
• 1:02:27
  I don't understand the court date.
• 1:02:28
  You can't understand Corporal. If he is released, we need to
• 1:02:32
  give the court date to whoever picks him up.
• 1:02:35
  Corporal. Yes.
• 1:02:36
  And that would be June 2nd. Yes, Sir.
• 1:02:40
  It's a June. June 2nd, 8:30.
• 1:02:42
  Thank you, Corporal. Thank you, ma'am.
• 1:02:45
  And we have friends or family here.
• 1:02:47
  Mr. McDaniel on Luis Carmona. Last one, we have somebody here
• 1:02:52
  for Mr. Carmona. Good morning.
• 1:02:59
  Your ex-wife is in the courtroom.
• 1:03:00
  Mr. Mccomona, you've been accused of two counts of
• 1:03:02
  violation of an injunction and one count of installing a
• 1:03:05
  tracking device without consent. That third case is a felony
• 1:03:08
  charge. The 1st 2 are misdemeanor
• 1:03:09
  charges. Mr. Carmona.
• 1:03:11
  I've read the complaint. There is probable cause for the
• 1:03:13
  three charges. I'm appointing the Public
• 1:03:15
  Center's office to represent you for first appearance purposes.
• 1:03:17
  Please listen to Mr. McDaniel, your attorney.
• 1:03:19
  We just ask for reasonable bond, Mr. Mitchell.
• 1:03:23
  Your Honor, there are safety concerns when it comes to the
• 1:03:27
  victim in this case. It's the same victim on all
• 1:03:29
  three. We'll leave the amount of bond
• 1:03:31
  up to the court's discretion, but we just want to emphasize
• 1:03:34
  that he had absolutely no contact whatsoever with the
• 1:03:38
  victim in this case. So, Mr. Camona, thank you both.
• 1:03:42
  Mr. Camona, look at your history.
• 1:03:44
  I see a couple things, but they're old and I mean over 30,
• 1:03:47
  maybe even 40 years old, close to 40 years old.
• 1:03:50
  So like criminal history is not that concerning.
• 1:03:52
  The charges are concerning. The allegation is you're
• 1:03:54
  ignoring a judge's order. But I think you're entitled to a
• 1:03:56
  bond. I'm going to set you the normal
• 1:03:57
  bond I was set for someone with these charges, which is $2500
• 1:04:01
  each on the misdemeanors, $5000 on the felony.
• 1:04:03
  Your total bond today becomes $10,000 cash or surety.
• 1:04:06
  Mr. Camona, you have a condition, no contact with
• 1:04:09
  alleged. And that means in any, any
• 1:04:11
  manner. Let me let me try to clarify.
• 1:04:13
  Sometimes with an injunction, the person who has the
• 1:04:16
  injunction may contact the, the, the jury for instance, and say I
• 1:04:19
  want to try to talk to you if, if he or she does that, if I
• 1:04:22
  think it's a she, if she does that, you still can't talk to
• 1:04:24
  her. So you got 2 court orders now by
• 1:04:27
  two different judges. And you need to understand
• 1:04:28
  here's the difference. If you're accused of violating
• 1:04:31
  this in this court order, no contact, the one I'm giving you
• 1:04:33
  today and if there's evidence to support it, then I would revoke
• 1:04:36
  your bond to hold you with no bond.
• 1:04:39
  So it's, it's, it's you kind of get one shot.
• 1:04:41
  You're entitled to a bond or violation of junctions and I'm
• 1:04:43
  sending you a bond. But you if you, if you allegedly
• 1:04:46
  violate that and there's credible evidence to support it.
• 1:04:48
  This this current one supposedly was supported by electronic
• 1:04:51
  messages or emails or phone messages.
• 1:04:54
  So that's the evidence, not just somebody saying you violated.
• 1:04:57
  It would take a little more than that.
• 1:04:58
  But if that's there, Mr. Kimono, you could be in jail with no
• 1:05:01
  bond. So please take it very
• 1:05:02
  seriously. The no contact condition does
• 1:05:05
  apply. The you've got a condition of a
• 1:05:08
  court date on well actually it'd be two court dates.
• 1:05:10
  I think it's June 1st date. You've got some cases of
• 1:05:13
  misdemeanor court and some in felony court.
• 1:05:15
  June 1st will be which ones the. Misdemeanors.
• 1:05:18
  June 1st the court date will be at 9:00.
• 1:05:20
  June 2nd at 8:30, that'd be the felony date.
• 1:05:23
  They'll give you that notice before you leave the jail.
• 1:05:26
  You will get to use the phone before you leave to try to
• 1:05:28
  postpone. Let me see if your ex-wife has
• 1:05:30
  any questions first. Ma'am, do you have any
• 1:05:31
  questions? Mr. Come on.
• 1:05:33
  Or do you have any questions? All right, Sir.
• 1:05:36
  You'll get to use the phone in a few minutes, Sir.
• 1:05:38
  Wish you the best. OK, Gerard, we have Gerard
• 1:05:45
  Beloin, Sir. Good morning.
• 1:05:48
  You're here because you've been accused of 1 count of armed
• 1:05:51
  trespass with a firearm and one count of possession of firearm
• 1:05:55
  by a convicted felon. There is probable cause for the
• 1:05:57
  charges. I think you're entitled to bond,
• 1:06:00
  as far as I can tell, but I don't listen to the parties
• 1:06:02
  before I make that final decision.
• 1:06:04
  Mr. McDaniel, anything on behalf of Mr. Beloin, I'd like to speak
• 1:06:08
  to myself, please. I.
• 1:06:09
  Don't have? Anything.
• 1:06:10
  I'll give you a chance to ask questions or say anything in
• 1:06:12
  just a moment, Mr. McDaniel. Anything first.
• 1:06:15
  I don't have anything you honored except some.
• 1:06:17
  You know, he'll probably just hang on.
• 1:06:20
  Just don't say anything, Mr. Mitchell.
• 1:06:23
  Not at this moment. I do want to see what he says.
• 1:06:26
  Mr. Below and I would encourage you, don't talk about what
• 1:06:28
  you're charged with. I'm glad to hear anything you
• 1:06:30
  think is important for bond purposes, but we are being
• 1:06:32
  recorded, so don't talk about the actual case itself because
• 1:06:35
  it could be used against you. Anything you want to tell me for
• 1:06:38
  bond purposes or any questions you have?
• 1:06:40
  All right. Advise Mr. Gerard that not at
• 1:06:43
  all, but he wants to talk. And you know, just my
• 1:06:46
  communication with you. There might be some issues going
• 1:06:48
  on, but I'll let him. There's no issues going on.
• 1:06:51
  It's a big mistake, Your Honor. I was staying at the Love's
• 1:06:57
  Travel stop. I stayed there for a week or so
• 1:07:01
  and I was asked to leave and I left and I came back to the
• 1:07:07
  McDonald's parking lot and I was in the McDonald's parking lot.
• 1:07:11
  I assumed. I assumed it was different.
• 1:07:15
  You have a question. He's.
• 1:07:15
  Asking you have a question? Oh, I didn't hear you.
• 1:07:19
  Yeah. Do you have any questions?
• 1:07:21
  I mean, you can tell me thing you think is important for bond
• 1:07:24
  purposes, but you're you, you you basically admitted to a
• 1:07:27
  crime almost in that sentence. You just you just sentence as
• 1:07:30
  you just said. You have anything else you want
• 1:07:32
  to tell me, Sir? Anything.
• 1:07:32
  Any questions? I'm just telling you that there
• 1:07:36
  was there was no signs. I went to the McDonald's parking
• 1:07:39
  lot, not the Love's parking lot. So I was a confused.
• 1:07:42
  It was a mistake, and if I do it again, I wouldn't do it, but I
• 1:07:46
  assumed that the McDonald's parking lot was not the Love's
• 1:07:49
  property. So I and the the firearm charges
• 1:07:55
  the bogus. OK, All right, The most serious
• 1:07:57
  charge you have is the firearm charge.
• 1:07:59
  I'm going to set you a bond to $5000 on the trespass with a
• 1:08:03
  firearm and $15,000 on the possession of firearm by
• 1:08:06
  convicted felon based upon your criminal history that the that
• 1:08:09
  the officer included in the complaint.
• 1:08:11
  Your total bond today, Sir, is $20,000 cash or sure.
• 1:08:14
  Do you have a condition no contact with any Love's truck
• 1:08:17
  stop? And just to be clear, if a
• 1:08:19
  Love's Truck stop is in the parking lot and they have a
• 1:08:21
  McDonald's attached to that building, don't go in that
• 1:08:23
  parking lot at all. Period.
• 1:08:25
  That's how I would interpret if I were you.
• 1:08:27
  No contact with any Love's truck stop.
• 1:08:29
  While this case is pending, I'm going to give you a court date.
• 1:08:32
  Your court date will be June 2nd at 8:30 and you will get use the
• 1:08:36
  phone in a few minutes Sir, to try to post the bond.
• 1:08:37
  Do you have any questions? Nope.
• 1:08:40
  Have a good day, Sir. Chad Chambers was it LUB or
• 1:08:52
  LOVE? I think that's LOVE.
• 1:08:57
  All right, next, Mr. Chambers, Mr. Chambers, good morning.
• 1:09:01
  You're here. You you were first appeared this
• 1:09:03
  weekend and what I've been explaining because I had to call
• 1:09:06
  the jail to to find out for sure.
• 1:09:08
  It looks like that you have a hold out of Columbia County.
• 1:09:12
  You were not first appeared on this weekend.
• 1:09:14
  They didn't, they weren't aware of it or didn't make you aware
• 1:09:16
  of it for whatever reason, and they wanted you to be aware of
• 1:09:18
  that. I've got a copy of the teletype,
• 1:09:21
  which is a basically an e-mail from that agency that says that
• 1:09:25
  you have a violation of probation, no bond warrant out
• 1:09:27
  of Columbia County. So be aware.
• 1:09:29
  You've got the bond set for you by the weekend judge.
• 1:09:31
  If you post it, you'll be released, but you will not be
• 1:09:33
  released to the street or into the public.
• 1:09:35
  You'll be released to Columbia County's custody because they do
• 1:09:39
  have this active warrant for you.
• 1:09:40
  Mr. Chambers, any questions? I'm trying to forgot the right
• 1:09:44
  way to word it Sir. So you're saying that if I
• 1:09:48
  posted bond I will still be held until Columbia County comes to
• 1:09:53
  pick me up, correct? Here's what will happen if you
• 1:09:56
  post bond. Columbia County will be notified
• 1:09:58
  immediately. He's posted bond on his local
• 1:10:00
  charters. Y'all can pick him up and then
• 1:10:02
  Columbia County will pick you up.
• 1:10:03
  If you're still here in 15 days after that point, then you would
• 1:10:07
  come back to first appearance, I'd say.
• 1:10:08
  Mr. Jaylor, where are we standing on the transport?
• 1:10:10
  What have you heard from Columbia County?
• 1:10:12
  And they will tell me and we'd go from there.
• 1:10:14
  There's a good chance though, but they would pick you up
• 1:10:16
  within 15 days and I wouldn't see you again.
• 1:10:18
  But that 15 days is just kind of a a safety catch we put in place
• 1:10:22
  to make sure somebody doesn't sit here for weeks.
• 1:10:24
  So yes, you would be held until they picked you up or until 15
• 1:10:28
  days pass, whichever happens first.
• 1:10:30
  You might not be released on 15 days if they were coming the
• 1:10:32
  next day, but at least we would know what what they were telling
• 1:10:35
  us. Any other questions?
• 1:10:37
  So if I didn't post bond, I still have to sit here on these
• 1:10:41
  charges? Right.
• 1:10:42
  If you don't post bond, you deal with our charges 1st and then
• 1:10:45
  deal with Columbia County. If you post bond, you deal with
• 1:10:47
  Columbia County's charges 1st and then hours later, same
• 1:10:52
  questions I've already answered you.
• 1:10:54
  Do you have something I'm? I'm not another notion, I'm
• 1:10:56
  understanding how you do. Understand.
• 1:10:58
  I don't. I can't make anything clearer
• 1:10:59
  than that, Sir. I don't know how to make it any
• 1:11:01
  clearer than what I just did. That's as clear as humanly
• 1:11:04
  possible. I believe we have Tricia Butler.
• 1:11:12
  Oh, you got the add on? Patricia Butler.
• 1:11:14
  Miss Butler, Good morning. Miss Butler.
• 1:11:15
  You were added on because let me see, I wrote it down.
• 1:11:19
  You have a, you were held, I guess for seven days to see if
• 1:11:21
  there was a violation probation warrant.
• 1:11:23
  There has been a violation probation warrant.
• 1:11:25
  I saw it this morning signed by Judge Roberts and it does have
• 1:11:28
  no bond. Miss Butler, you do have a no
• 1:11:30
  bond warrant and I think it was Holmes County, is that correct?
• 1:11:33
  You. Got a no bond warrant out of
• 1:11:34
  Holmes County Miss Butler and I'm not sure the jail didn't put
• 1:11:37
  that. You're not on the sheets.
• 1:11:38
  I don't know if you have local charges or not.
• 1:11:41
  Does she have local charges, Corporal?
• 1:11:43
  Yes. So you got your bond on your
• 1:11:46
  local charges. If you have a bond and you've
• 1:11:48
  got to hold out of Holmes County.
• 1:11:49
  Any questions? Is there any way we can
• 1:11:51
  globalize the two? It's, it's rare, but it's
• 1:11:54
  possible it would have to happen by with your attorney working to
• 1:11:57
  do that prior to entering resolving your Jackson County
• 1:12:00
  charges. So once you get an attorney
• 1:12:01
  appointed and, and, and meet with that attorney, that's the
• 1:12:04
  question to ask that attorney, ma'am.
• 1:12:05
  OK. Thank you.
• 1:12:07
  Yes, ma'am. No, we got I think is that it?
• 1:12:13
  That's all. Thank you.
• 1:12:16
  And Corporal, anything else from the jail this morning, do you
• 1:12:21
  think it's? All right, it would seem that
• 1:12:22
  they have wrapped up there. Good morning once again,
• 1:12:24
  everybody. Now an hour 2 of TCF live the
• 1:12:27
  mornings just zip right along when you're here.
• 1:12:32
  Let's go back to Huron County and Judge Prill now, if you
• 1:12:35
  recall earlier this morning that Mister Kaufman was supposed to
• 1:12:39
  be sentenced, he was the Funeral Home director who defrauded like
• 1:12:43
  200 people, the community or something like that out of over
• 1:12:46
  $1,000,000. And he did not show up for his
• 1:12:50
  sentencing. So this is Part 2 of that.
• 1:12:53
  Let's let's see what's going on. Alvin Kaufman, file number
• 1:12:57
  267390 at age time of day, says defended sentencing.
• 1:13:03
  Kaufman is in the courtroom represented by attorney
• 1:13:05
  Elizabeth D Wisenbach. On behalf of the Attorney
• 1:13:08
  General's office is Attorney Michael Trescomb.
• 1:13:11
  The defendant by way of history, on March 16th of this year PLED
• 1:13:18
  no contest to 1 count of criminal enterprise, 2 lbs of
• 1:13:22
  embezzlement $20,000 to 50,000 dollars, 5 lbs of embezzlement
• 1:13:27
  $1000 to $20,000 and funeral contract conversion, 31 counts.
• 1:13:34
  A pre sentence report has been prepared by Miss Karen Everland
• 1:13:38
  stated April 21, 2026. A number of letters have been
• 1:13:42
  submitted to the. Court.
• 1:13:44
  Those letters have been provided by Susan Merkel, MERGL, Judy and
• 1:13:51
  Thomas Crager, CR e.g., UR Dan and Betty.
• 1:13:56
  Joe Glazza, Cynthia Phillips, Larry Brown, Marilyn Gilbert,
• 1:14:02
  Emily Ginther On behalf of Norman, Shirley Ginther Lena or
• 1:14:06
  Lena. Lena Sober.
• 1:14:09
  The Public Guardian's Office. Jackson Braun, Kenneth Clemmer,
• 1:14:14
  Betty Lou Burkhardt, Mary L Gilbert, Gary and Wendy Iatti.
• 1:14:20
  Ayotte, Ted and Carol Polk. Cynthia Burkowski, Wayne and
• 1:14:26
  Lila Mae Clemmer. Raymond Gentner.
• 1:14:30
  I believe it's Luke Martin. I couldn't read the the
• 1:14:34
  signature as well as Helen, Donna and Dennis store.
• 1:14:38
  There were other letters that were kind of chopped off a
• 1:14:41
  little bit and the court could not get the names, but the court
• 1:14:43
  did review all the letters that at least placed on the record.
• 1:14:47
  The court has submitted. Miss Weisenbach, have you and
• 1:14:49
  your client had the opportunity to review the Precept?
• 1:14:52
  We have, Your Honor. Are there any additions,
• 1:14:54
  deletions, corrections or objections?
• 1:14:57
  Take your Honor. In my meeting with my clients,
• 1:14:59
  we had discussed the phone number.
• 1:15:02
  That was. Listed.
• 1:15:03
  On this. And I was in contact with
• 1:15:05
  Michigan Department of Corrections, that is his wife's
• 1:15:08
  phone number. He did not have a phone after.
• 1:15:11
  This had started. So I asked for that number.
• 1:15:13
  To be. Strict and it is her number, it
• 1:15:14
  is not his. It should not continue on this
• 1:15:16
  record and I appreciate they have updated and we have
• 1:15:19
  received that. All right, anything.
• 1:15:21
  Else yes. Also, I direct the court to page
• 1:15:24
  6. There are.
• 1:15:27
  There are 5 paragraphs that conclude.
• 1:15:29
  The. Section and title Description of
• 1:15:34
  fence narrative that begins on Page 3.
• 1:15:37
  On page 6. There are three.
• 1:15:39
  Paragraphs. The second paragraph.
• 1:15:41
  The 4th. Paragraph and the 5th paragraph
• 1:15:43
  are all ancillary information. Not part of this.
• 1:15:48
  Investigation, unsubstantiated, basically started off with
• 1:15:53
  gossip and rumors. They chased that around and I
• 1:15:55
  think it's inappropriate to include that It's not part of
• 1:15:58
  these charges. It is not part of this true
• 1:16:00
  investigation. And as a result, I asked the
• 1:16:03
  court to strike it. Your Honor, you do strike things
• 1:16:05
  that are not charged, cases that are dismissed.
• 1:16:08
  Factual information. We just did it a couple.
• 1:16:09
  Weeks ago, I would ask you to strike these three paragraphs
• 1:16:12
  and not have any consideration towards there is sufficient
• 1:16:16
  information for this record in order to consider your
• 1:16:19
  sentencing. Today I would ask you to.
• 1:16:20
  Strike those 3 paragraphs. They aren't.
• 1:16:22
  They just should make that part of this record, Mr. President,
• 1:16:25
  of your response. Your Honor, this.
• 1:16:27
  Case was charged as a result of this case.
• 1:16:29
  Numerous other victims came forward and we continued
• 1:16:32
  investigating essentially where all the money had gone.
• 1:16:36
  So I understand Miss Wisenbach's argument in that Mister Kaufman
• 1:16:40
  is being sentenced today for stealing 192. 1000.
• 1:16:44
  Although much, much more was stolen, the information
• 1:16:49
  contained in those reports and contained in the ongoing
• 1:16:51
  investigation is germane to what became of that money.
• 1:16:57
  And we believe regardless of the amount that Mister Kaufman spent
• 1:17:01
  on lottery tickets, whether it be $192,000 or $1.1 million, I
• 1:17:06
  believe it's important for the court to know essentially what
• 1:17:09
  his. Scheme.
• 1:17:10
  Was funding, which was his addiction to lottery tickets.
• 1:17:14
  It's inappropriate. It doesn't belong in the.
• 1:17:16
  PSI We. Do not.
• 1:17:17
  Ever chase where the money went? We do not chase that when we
• 1:17:21
  consider larceny cases, we do not consider it in other types
• 1:17:24
  of cases. So restitution, etcetera,
• 1:17:26
  restitution has been handled and agreed upon, victims has been
• 1:17:30
  listed and agreed upon. It's irrelevant and I think it's
• 1:17:34
  inappropriate before this court. Any comments from the probation?
• 1:17:37
  Office you. Have that information that came
• 1:17:39
  from the report included? While the court has heard the
• 1:17:43
  respect of objection by Miss Weisenbach on behalf of the
• 1:17:46
  client and the response by the people, as well as hearing the
• 1:17:51
  comments from the probation agent, frankly speaking, there's
• 1:17:56
  no doubt that restitution has been agreed to, the amounts that
• 1:17:59
  is. But relative to where the money
• 1:18:03
  was or what went, I think it's important to understanding what
• 1:18:08
  effort the court would have in getting the money back.
• 1:18:11
  So I think it's very relevant. Objection is respectfully
• 1:18:14
  denied. Anything else for the record now
• 1:18:17
  with regards to? PSI.
• 1:18:18
  OK. And guidelines are fine with
• 1:18:21
  correct? Yes.
• 1:18:23
  Mr. Tresco, any objection to the report as well as Your Honor, I
• 1:18:26
  believe based on Mr. Kaufman's behavior this morning that OB 19
• 1:18:31
  should not be scored at 10 points.
• 1:18:33
  The OB 19 is not offense specific.
• 1:18:36
  Any behavior occurring up to sentencing can be scored under
• 1:18:40
  OB 19, and I believe that failing to appear for a
• 1:18:43
  sentencing hearing counts as 10 points for otherwise interfering
• 1:18:46
  with the administration of justice.
• 1:18:48
  Miss Wise, thank Your Honor. This morning at approximately
• 1:18:53
  8:18 AM, just a little under an hour before we were to proceed
• 1:18:58
  with court, I received a phone call from.
• 1:19:00
  Misses. Kaufman that her husband had
• 1:19:02
  injury and he. Was taking him to the.
• 1:19:04
  ER, we had a brief conversation with regards to that.
• 1:19:07
  I asked her to keep me posted of his whereabouts and I know
• 1:19:10
  paperwork in front of me that he was at McLaren, some regional.
• 1:19:13
  Hospital. I'm letting the court know, and
• 1:19:16
  I can present this to your honor, that he had suffered A
• 1:19:19
  concussion. I have this in front of me.
• 1:19:21
  He now. Is sitting.
• 1:19:22
  In front of you with a concussion having suffered this
• 1:19:25
  morning, there was no as far as I can.
• 1:19:27
  Tell. Except for comments made by the
• 1:19:29
  Attorney General that are out of the record for anything else
• 1:19:32
  except just today, there is no information that I have that my
• 1:19:36
  client has attempted to not be in court.
• 1:19:38
  He has been at every court hearing, he has been at every
• 1:19:40
  meeting that I have asked him for.
• 1:19:41
  He has met with the investigators.
• 1:19:43
  He gave statements they are in the PSI and to to say today that
• 1:19:47
  he was dodging. Today his wife called me and
• 1:19:50
  said this is what happened, what to do and I told her to take him
• 1:19:54
  to the. Hospital.
• 1:19:55
  That is where he was. I have yet to give any
• 1:19:58
  disparaging comments to this court, to mislead this court or
• 1:20:01
  anything to that effect, and my client has told his wife.
• 1:20:04
  Has told me where he. Is and he known where he is.
• 1:20:07
  He went from home to a hospital and now he's here.
• 1:20:10
  I would ask. Support to disregard any
• 1:20:12
  requests made today with regards to PSI.
• 1:20:14
  I'm sorry with regards to sentencing guidelines and they
• 1:20:17
  were due a week ago or more, so I understand the position is
• 1:20:21
  that somehow it's an emergency to them today.
• 1:20:23
  If not, he was in the hospital and I can approach it with
• 1:20:26
  documentation, Your Honor, regardless of whether the
• 1:20:30
  reason. He was at the hospital.
• 1:20:31
  In fact, is the court signed a warrant my special agent.
• 1:20:33
  Went to the hospital. To try to arrest Mr. Kaufman,
• 1:20:35
  Mr. Kaufman had. Already.
• 1:20:37
  Been discharged and had gone home.
• 1:20:39
  Had Mr. Kaufman been discharged and come to this court, I might
• 1:20:42
  not be making this argument. But the fact is.
• 1:20:44
  He chose to go home and he was arrested at home and brought
• 1:20:47
  here in handcuffs. And in regard to the time frame,
• 1:20:51
  I don't know how I could have possibly made this argument a
• 1:20:53
  week ago. Since then it happened two hours
• 1:20:55
  ago. Also at 935, his wife stated
• 1:21:01
  that he was discharged. She sent me a screenshot of the
• 1:21:04
  paperwork and I texted her back that you have to bring him to
• 1:21:06
  court. Judge had issued a bench.
• 1:21:08
  Warrant. So all of this was.
• 1:21:09
  Going on at the same time I had told her to bring him here but.
• 1:21:13
  Moments. Later.
• 1:21:14
  Then she said OK, 10 minutes later at 955, she said that the
• 1:21:18
  sheriff and a prosecutor came and.
• 1:21:20
  Picked him up and they're. Leaving so no.
• 1:21:21
  No one's been dodging anything or avoiding anything.
• 1:21:24
  His wife had been in contact with me.
• 1:21:26
  He was having a concussion. He wasn't in a position to make
• 1:21:29
  any specific actions with regards to his behaviors.
• 1:21:33
  Today. She took him to the hospital.
• 1:21:35
  She was going to bring him here. They just got there first.
• 1:21:38
  That's the only difference. She has been very compliant,
• 1:21:41
  very appropriate this whole time.
• 1:21:43
  There's nothing to be held against her.
• 1:21:46
  She's not the one before the court.
• 1:21:48
  Her husband. Understood.
• 1:21:49
  But I want you to be aware of who I was communicating with
• 1:21:51
  this morning. My client was in no.
• 1:21:52
  Position to communicate with me. Sentencing guidelines can be
• 1:21:56
  considered up until the time of sentencing.
• 1:21:58
  Obviously if there's an objection relative to what
• 1:22:01
  probation department had scored, then certainly that's why the
• 1:22:04
  timeline is there. But certainly circumstances can
• 1:22:07
  arise where, for instance, OB 19 may be in play that the court
• 1:22:13
  would consider, but based upon all the circumstances, the court
• 1:22:18
  is going to continue with sentencing with the original
• 1:22:21
  guidelines for OB 19. Respectfully is denied relative
• 1:22:24
  to 10 points. Any other objections to the
• 1:22:29
  reporter guidelines? It's wise about it.
• 1:22:32
  Is there anything you'd like to say in the advert fine before
• 1:22:34
  the court approves the sentence? I believe that at this point I I
• 1:22:37
  am required to ask this court to consider an adjournment in light
• 1:22:40
  of the. Fact that my.
• 1:22:40
  Client sitting here with a concussion that is medically.
• 1:22:42
  Documented. I can approach the court with
• 1:22:44
  this documentation, show it to Mr. Tresco first.
• 1:22:47
  That's going to be the opportunity to review the
• 1:22:52
  doctor. I have, your Honor, for your
• 1:22:54
  position, Sir. Your Honor, I don't see what the
• 1:22:56
  point of an adjournment is at this point.
• 1:22:57
  Mr. Kaufman has admitted his crimes.
• 1:22:59
  He's here to be sentenced today. So we got excellent medical care
• 1:23:03
  in the Department of Corrections.
• 1:23:04
  I'd like to present the materials, take care.
• 1:23:15
  This is a discharge document. That's my understanding.
• 1:23:18
  That's what we can spend homework.
• 1:23:20
  There's no alleged fall occurred, nothing that's.
• 1:23:24
  What I is? There anything in the medical
• 1:23:27
  documentation to indicate that the defended is unable to
• 1:23:32
  understand what's going on the head injury alleged head injury
• 1:23:35
  is traumatic enough where he wouldn't appreciate what's going
• 1:23:38
  on today that's inherent in having a concussion that's.
• 1:23:41
  What the concussion is. Your Honor, I strongly disagree,
• 1:23:45
  and I believe that Mister Kaufman, Miss Weisenbach, can
• 1:23:49
  blaby or her client if that is in fact the case.
• 1:23:51
  But I would ask the Court to also make testimony to the
• 1:23:53
  client that he does not understand what's going on today
• 1:23:56
  before the Court considers an adjournment.
• 1:23:59
  Raise your right hand, Sir. You solemnly swear or affirm
• 1:24:03
  that the testimony you're about to give in this case is the
• 1:24:05
  truth, the whole truth, nothing but the truth.
• 1:24:07
  So help me get. It's wise.
• 1:24:11
  Can you hear? Well, yeah.
• 1:24:12
  OK. Jerry called me this morning,
• 1:24:16
  right? Your wife?
• 1:24:18
  Yes. And you were aware that she
• 1:24:19
  called me? Yes.
• 1:24:20
  OK, You supposedly had a fall this morning and then you she
• 1:24:24
  was taking it to the hospital, correct?
• 1:24:26
  Yes. Where did you go?
• 1:24:27
  To the hospital? What's the name of this
• 1:24:30
  hospital? OK, How long were you there?
• 1:24:34
  Do you recall who you had seen as medical treatment people?
• 1:24:37
  No their name, just. Kind of give me like a.
• 1:24:39
  What happened at the hospital? They hooked me up to things.
• 1:24:44
  They did ACT OK. What's a describe what happens
• 1:24:48
  during ACT scan? You lay on your back and put you
• 1:24:51
  into a tube and I'm assuming a camera.
• 1:24:54
  OK, just your head then? Yes.
• 1:24:57
  So you had a head injury? Well, he said.
• 1:25:00
  I have a hematom in the backroom, OK.
• 1:25:03
  Are you able to hear? And understand everything that's
• 1:25:05
  happened today, yes. Do you feel that the injury to
• 1:25:09
  your head has caused you any issues with regards to
• 1:25:11
  understanding the judge? OK, I.
• 1:25:13
  Have nothing. For the honor.
• 1:25:14
  Any questions? Don't see any basis to granite
• 1:25:16
  adjourn, but based. On.
• 1:25:18
  Based upon the support testimony, defendant understands
• 1:25:21
  what how what is proceeding or what the proceeding is all
• 1:25:24
  about. There's only more testimony.
• 1:25:26
  We will do the sentencing right now.
• 1:25:29
  So Weisbach, I'll tender that back to you.
• 1:25:30
  Thank you. I'll give you this.
• 1:25:34
  Well is. There anything?
• 1:25:35
  You'd like to say on behalf of your client before the court
• 1:25:37
  opposed the sentence? Thank you, Your Honor.
• 1:25:39
  Yes, I got with my client last. Week to review the PSI.
• 1:25:46
  Also. Available were the victim
• 1:25:48
  letters. I want the support and I want
• 1:25:51
  everyone to understand. I read every single letter.
• 1:25:55
  I read every single letter, every heartfelt thought,
• 1:25:58
  everything that was in there. I understand their position with
• 1:26:02
  all due respect to. The.
• 1:26:04
  Victims, my comments are never meant to be disrespectful, but
• 1:26:09
  there are two sides. And today is the side of Terry
• 1:26:12
  Kaufman. He comes before this court. 72
• 1:26:14
  years old was actually no criminal record, married three
• 1:26:17
  children high school diploma advanced education in just about
• 1:26:21
  50 years of. Providing compassionate.
• 1:26:23
  Funeral service for many, many gravy families over many years.
• 1:26:29
  Kind, considerate, soft spoken, polite, respectful and for yes,
• 1:26:35
  many years, well respected. Citizen, businessman in these
• 1:26:40
  letters. I know you've read them too.
• 1:26:42
  There are stories of kindness, seeing that he had gone above
• 1:26:47
  and beyond what was necessary in his advanced years, shoveling
• 1:26:51
  out a driveway just so that a funeral could take place.
• 1:26:54
  As he had stated in his comments during the investigation, this
• 1:26:57
  money was not sent into the escrow.
• 1:26:58
  It was. Used to back.
• 1:27:01
  Into the business, especially payroll.
• 1:27:03
  There were there were other people on the payroll, other
• 1:27:06
  employees. Yes, he was an employee.
• 1:27:09
  There were slow times. There were lean.
• 1:27:12
  Years and the doors could have closed doors were kept open
• 1:27:15
  because. Of that cycle.
• 1:27:16
  Of money coming in. It's not a secret that funeral
• 1:27:19
  business has been changing. They are struggling.
• 1:27:22
  There has been in my area where I live, a murder, Elkton,
• 1:27:26
  Caseville, Pigeon, Cass City, and I tried to look it up this
• 1:27:30
  morning, but I think that seaboing has had to merge as
• 1:27:33
  well. Coffins would have closed many
• 1:27:35
  years ago if it hadn't been for this particular income provided
• 1:27:38
  this service all these years for these families.
• 1:27:42
  During this time, he was not living extravagantly.
• 1:27:45
  There's a lot of people who know him, who know how he lived.
• 1:27:49
  There are a lot of people who don't.
• 1:27:51
  There are have been made comments outside of this court
• 1:27:55
  with regards to living an extravagant life.
• 1:27:58
  He lives in a modest. Ranch House and the court has
• 1:28:00
  seen the PSI. There's still a mortgage and in
• 1:28:03
  return we're living modestly and keeping a business.
• 1:28:05
  Open. Those who had passed were given
• 1:28:09
  their funerals. It.
• 1:28:10
  Didn't matter if it was at that Funeral Home or if it was a
• 1:28:13
  different one, the money went to wherever the funeral.
• 1:28:16
  Was. Held, and this actually happened
• 1:28:19
  in the case that triggered this situation, the money was always
• 1:28:23
  sent and it was covered. Credit was given and he honored
• 1:28:26
  the word to the people who he had told them that it would be
• 1:28:29
  OK and he always expected and planned on honoring that.
• 1:28:34
  I could not ask for a better. Client.
• 1:28:35
  When it came to appropriateness towards me, he has been polite,
• 1:28:39
  respectful, kind, generous and compassionate.
• 1:28:44
  He understood my position. He understood the role I served.
• 1:28:47
  It's always. Appropriate always.
• 1:28:49
  On time, always. Means the means I asked for it.
• 1:28:52
  As you can read in the PSI, he is resigned and accepting of
• 1:28:56
  what is going to happen. He is aware and he is really
• 1:28:59
  prepared to accept the sentence. From your Honor.
• 1:29:02
  With that being said, again, I'd like to remind everyone there's
• 1:29:05
  two. Sides.
• 1:29:06
  There was a business that kept going for the people of this
• 1:29:09
  community. It was not exactly the way it
• 1:29:12
  was supposed to be. I get that.
• 1:29:15
  So does he. There's just always two sides.
• 1:29:18
  I appreciate your honor and everyone's understanding.
• 1:29:21
  Of that. Thank you Does.
• 1:29:24
  Your client wish to. Address the court in light of
• 1:29:26
  the no contest. Also.
• 1:29:27
  In light of the lawsuit that has been filed, no, thank you, Mr.
• 1:29:32
  Tresco, anything on behalf of the people and this is a
• 1:29:35
  victim's right case. Yes Jar before I make my
• 1:29:37
  argument. I would recommend.
• 1:29:38
  Braun to address the court on behalf of her wards.
• 1:29:41
  The 55 victims named you state your name for the reference.
• 1:29:46
  You just you could stay right there.
• 1:29:49
  My name is Jacqueline Brown and I'm here in county Public
• 1:29:52
  Guardians. You may see what we're talking.
• 1:29:53
  To tell the court. Your Honor, I represent 55
• 1:29:56
  people who have been taken advantage of by Mr. Cochran.
• 1:29:59
  These people are either illegally incapacitated or
• 1:30:02
  developmentally disabled without the ability to care for
• 1:30:05
  themselves. Some of them do not have the
• 1:30:07
  ability to understand what has happened.
• 1:30:09
  These people do not have much. The little they do have is
• 1:30:12
  carefully budgeted and spent so that they may live comfortably
• 1:30:16
  and so they are like cared for. The money in the prepaid burials
• 1:30:19
  was mostly supplemented by the Stephens sent out during COVID.
• 1:30:24
  That money was carefully done. That money will never be
• 1:30:27
  replaced. Some of these individuals will
• 1:30:29
  never have anything extra to pay for a burial or put into another
• 1:30:33
  prepaid again. That is why the careful planning
• 1:30:35
  was done. That is all for nothing.
• 1:30:38
  Now all of that planning is gone.
• 1:30:40
  I ask you to take into consideration the impact that
• 1:30:44
  that will have on these people that do not have the ability to
• 1:30:47
  care for themselves or understand what happened here,
• 1:30:50
  as well as take into consideration what has happened
• 1:30:53
  to the rest of the. Any other, no other witnesses,
• 1:31:00
  Your Honor, at this argument, you may proceed.
• 1:31:03
  Your Honor. Mr. Kaufman argues for leniency
• 1:31:05
  on based on his lack of criminal activity.
• 1:31:08
  Mr. Kaufman admitted to 39 felonies, including criminal
• 1:31:12
  enterprise with predicates spanning the last 10 years.
• 1:31:16
  So it's not for lack of trying that Mister Kaufman has no
• 1:31:21
  criminal record. It's simply that it took a while
• 1:31:23
  for him to get caught. He argues for.
• 1:31:25
  Leniency based on being a respected member of.
• 1:31:27
  The community, but the. Fact is, he abused that respect
• 1:31:30
  and his position in this community to steal from the.
• 1:31:34
  Members of this. Community He claims he did this
• 1:31:38
  to keep the business afloat, but his bank account records showed
• 1:31:42
  that he paid himself a million and a half dollars in the last
• 1:31:44
  10 years. That wasn't money kept in the
• 1:31:46
  business. That was money.
• 1:31:47
  That would. Move to his accounts, including
• 1:31:49
  secret bank accounts his wife didn't know about.
• 1:31:53
  Yeah, I'm going to. Object.
• 1:31:54
  None of this is in the. Record.
• 1:31:55
  And I would also like to point out that as of.
• 1:31:57
  Yet my client has not. Asked for any leniency.
• 1:32:00
  But in fact. Was ready to plead 3 or 4
• 1:32:03
  proceedings back but the Attorney General's office wasn't
• 1:32:05
  prepared. My client wants this record to
• 1:32:08
  be clear. He never wanted to ever come
• 1:32:10
  before this court and say not guilty.
• 1:32:12
  He never wanted a trial and he hasn't asked for leniency.
• 1:32:15
  I would ask that the pre prepared speech that's maybe
• 1:32:18
  cookie cut for every other case be tailored to exactly what's
• 1:32:21
  going on today. My client did not ask for
• 1:32:24
  leniency. My.
• 1:32:25
  Client isn't dodging coming to court and anything extraneous
• 1:32:29
  that's not inside this record. I think it's inappropriate with
• 1:32:31
  regards to it being argument, PSI, whatever.
• 1:32:35
  Thank you. Noted for the record may
• 1:32:38
  proceed. Thank you, Ron.
• 1:32:40
  He also claims. That again, if someone came to
• 1:32:43
  him for a funeral, even though the money was an escrow, even
• 1:32:46
  though the money was gone, he still did the funeral.
• 1:32:48
  And of course he did, because the minute he misses a funeral,
• 1:32:51
  the jig is up and he's caught. And that's what happened.
• 1:32:54
  Somebody else went. To have a funeral at a different
• 1:32:57
  Funeral Home and that Funeral Home found out the money was
• 1:33:00
  gone. And that's how this all came to
• 1:33:02
  light. The sentencing guidelines do not
• 1:33:08
  address the level of criminality that Mister Kaufman engaged in.
• 1:33:12
  He scored 25 points on OB 9 for having 20 victims.
• 1:33:16
  He had 55 victims. He scored five points on OB 13
• 1:33:20
  for three or more property crimes.
• 1:33:22
  He admitted to 38 property crimes.
• 1:33:24
  And he scored 10 points on OB 16 for a loss of $20,000 or more.
• 1:33:30
  The loss was over $192,000. Based on all that, the people
• 1:33:34
  are asking the court to add a minimum sentence, Mr. Kaufman to
• 1:33:38
  the top of his guidelines with count 1 running consecutively to
• 1:33:42
  counts 2 through 8 for a total sentence of 108 months or nine
• 1:33:47
  years. Thank you.
• 1:33:48
  You're welcome. These are not easy cases.
• 1:33:50
  The court notes the number of individuals in the courtroom.
• 1:33:55
  I respect each and everyone of you for being here.
• 1:33:58
  I respect any support that you're often may have received
• 1:34:01
  from family or friends as well here at the court, because the
• 1:34:04
  court has to be right down the middle and the court is going to
• 1:34:07
  be right down the middle. Because at the end of the day,
• 1:34:10
  what may be investigated may be different than maybe would have
• 1:34:13
  been pled to. But regardless, we have a
• 1:34:16
  significant amount of activity that affected a lot of people
• 1:34:22
  and a lot, I mean, a lot of people, a lot of people that of
• 1:34:27
  their faith and trust in this individual.
• 1:34:31
  And I couldn't imagine considering my parents or
• 1:34:36
  anyone's parents or anyone planning for their future,
• 1:34:41
  because we all know when the good Lord says that's the day,
• 1:34:44
  that's the day. And and last thing we want to do
• 1:34:46
  is ask our children or our other.
• 1:34:48
  Family. Members to our friends to to get
• 1:34:51
  through that and and that's why a lot of these individuals that
• 1:34:55
  appear before the court as victims planning for that and
• 1:34:59
  they Sprint and sprayed and used whatever they had to make sure
• 1:35:04
  that it made it easier for family upon the death of the
• 1:35:08
  individual. And so just looking at some of
• 1:35:12
  these letters, for instance, I trusted him.
• 1:35:16
  So I wrote a check for $6691.00. I'm angry that my prepaid
• 1:35:22
  funeral has been stolen. My children are upset that my
• 1:35:25
  funeral is now their responsibility.
• 1:35:28
  We gave him $15,990.00. He gave us papers showing that
• 1:35:32
  we have paid for both funerals and we were all set.
• 1:35:35
  Both of us are in our 70s and 80s.
• 1:35:37
  We have difficulty with degenerative arthritis, walking
• 1:35:41
  and memory. Dealing with these issues only
• 1:35:43
  makes the stress worse. We trusted Mr. Kauffman as an
• 1:35:47
  upstanding member of the community.
• 1:35:48
  He assured me that the funds that I was giving him at the
• 1:35:52
  time of my death, the Funeral Home would arrange everything
• 1:35:55
  all my children would have. All my children would have to do
• 1:35:59
  was greed. I do not understand how a man
• 1:36:02
  trusted by his community could so recklessly steal from us.
• 1:36:07
  Terry Kaufman took my hard earned and saved money to use
• 1:36:11
  for himself. Due to what Terry Kaufman has
• 1:36:13
  done, I feel hurt, angry, betrayed and humiliated by my
• 1:36:17
  trust. I had a preneed contract taken
• 1:36:20
  out in 2016 for $10,000 that was totally gone.
• 1:36:23
  I've lost countless hours of sleep worrying about the victims
• 1:36:26
  and how they would get justice. That's from a former employee.
• 1:36:29
  It's despicable that someone who's a funeral director would
• 1:36:33
  take money from elderly sick people and use it for his
• 1:36:36
  personal gain when a loved one dies.
• 1:36:38
  It's a very. Pathetic director.
• 1:36:40
  My contract is outstanding and the money is missing.
• 1:36:43
  We trusted that $15,000 will be handled with care, honestly and
• 1:36:47
  with respect. Situations affected us not only
• 1:36:50
  financially but emotional. From a 9094 year old individual.
• 1:36:54
  I consider making prepaid Funeral arrangements for myself.
• 1:36:57
  At the time I had the finances and wanted to spare my family
• 1:37:00
  from having to endure the burden of experiencing the difficult
• 1:37:03
  process. I can still remember a few days
• 1:37:06
  later we delivered the contract to me with a cover letter and on
• 1:37:08
  the envelope you wrote you're all set.
• 1:37:11
  I felt so many emotions, disbelief, betrayal, anger and
• 1:37:14
  sadness. How could he?
• 1:37:16
  How could he do such a despicable thing to me and and
• 1:37:19
  many other. Now I must face the fact that my
• 1:37:22
  prepaid funeral expenses are gone.
• 1:37:24
  I will need to start over. The situation has caused our
• 1:37:27
  family many sleepless nights and anxiety about how we will bury
• 1:37:31
  our father. I have prepaid $10,000 and had
• 1:37:33
  the money in the trust of Terry Kaufman that it would be taken
• 1:37:36
  care of until my death. Now I have to sit and worry and
• 1:37:40
  wonder how and how are they going to bury me.
• 1:37:43
  I don't know if I will ever be able to trust anybody again.
• 1:37:46
  I've just been sick over this. I thought I'd be saving my
• 1:37:50
  family from having to deal with my funeral.
• 1:37:52
  Expenses. I can enjoy my retirement with
• 1:37:54
  Peace of Mind. I put trust in him.
• 1:37:57
  My stress level has been affecting me every day like my
• 1:38:00
  my everyday life. From this I've been worried and
• 1:38:03
  wondering how my funeral will be taken care of and of now as the
• 1:38:07
  money is gone. We are in our late 70s on a
• 1:38:09
  fixed income. Mr. Kaufman assured me us that
• 1:38:13
  all would be handled properly and professionally.
• 1:38:16
  We've never met anyone of this nature before and have no reason
• 1:38:19
  to doubt His word. Hurt and disappointed.
• 1:38:22
  Beside our payment, we put our trust in Him to provide our
• 1:38:26
  funerals for the proper end of life.
• 1:38:28
  Burial with dignity, but he really took cannot be replaced
• 1:38:32
  and that was our trust. We should have been able to have
• 1:38:34
  our confidence in his relationship with us and in his
• 1:38:37
  service. If not him, a professional and a
• 1:38:39
  neighbor who shook our hands and welcomed us with open arms, Who
• 1:38:42
  can we trust? We truly trusted him to provide
• 1:38:44
  us with our final farewell. I believed I was dealing with a
• 1:38:47
  trustworthy professional business.
• 1:38:50
  I relied on the representations and trusted my money with the.
• 1:38:53
  Expectation. That would properly be
• 1:38:55
  safeguarded and used for its intent and purpose.
• 1:38:58
  It is. I have experienced ongoing
• 1:39:00
  emotional distress, worry, and uncertainty.
• 1:39:03
  It is extremely upsetting to realize that the plans I made in
• 1:39:06
  good. Faith.
• 1:39:08
  May no longer be secure. This is not a small amount for
• 1:39:11
  me and my replacing these funds would be difficult.
• 1:39:14
  What has been most difficult is the loss of trust.
• 1:39:17
  My husband and I have known Terry for years.
• 1:39:19
  It's being sat across from him at his desk.
• 1:39:22
  We respected Terry, looked forward to his help and guidance
• 1:39:25
  on my mother's eventual funeral as well as mine and my husbands
• 1:39:28
  and family. We regarded him as a friend,
• 1:39:31
  someone to trust, someone to call on a time of need.
• 1:39:34
  Always a smile and a handshake or a hug or both.
• 1:39:38
  Needless to say, my heart sank and my mind was a jumble
• 1:39:40
  wondering if I and how. I'm wondering if and how we
• 1:39:45
  could get our $21,000 back our funerals to ease our burden on
• 1:39:49
  family. When we when the time comes for
• 1:39:52
  our when the time comes that is for our funerals.
• 1:39:54
  There's no excuses for as far as we are concerned, what would
• 1:39:58
  happen if the roles were reversed and we had taken this
• 1:40:01
  money to gamble it away. We would be held accountable.
• 1:40:04
  And the notes continue in that, in that stream.
• 1:40:07
  Mr. Kaufman, you were trusted. These people in this room,
• 1:40:13
  everyone that's contracted with services that have been affected
• 1:40:19
  by this case of their faith and trust in you.
• 1:40:21
  And what happened with the money, It's alleged, I don't
• 1:40:25
  know what happened to the money, but when you're talking about
• 1:40:29
  restitution of 1.1 million, that's clearly beyond the
• 1:40:33
  payoff. And and that's clearly an issue
• 1:40:37
  of trust that will affect these people for the rest of their
• 1:40:40
  lives. Simply going into a store,
• 1:40:43
  simply going in to to hire someone for lawn service,
• 1:40:47
  whatever it may be, any meaningful, meaningless task,
• 1:40:51
  frankly, these people are going to question that every time.
• 1:40:54
  Am I getting scammed? That's what they're thinking.
• 1:40:57
  And frankly speaking, there is no jail or prison sentence
• 1:41:02
  that's going to give everyone their money back right now.
• 1:41:04
  If the court could do that, the court would do it in a
• 1:41:06
  heartbeat. But the court's unable to do so
• 1:41:09
  based upon the behavior of the defendant.
• 1:41:11
  And as a result of that, the court has to consider the
• 1:41:14
  guideline range, which is 51 to 85 months at the minimum.
• 1:41:18
  Term. To the defendants credit, if
• 1:41:21
  there's credit to be provided, up until the time the the year
• 1:41:25
  was up, the individuals were provided at their Funeral
• 1:41:27
  services. That's not the way to run a
• 1:41:29
  railroad, not the way to run a business.
• 1:41:32
  We understand that people have difficult, difficult times and
• 1:41:35
  difficult issues, but when that money is entrusted to people,
• 1:41:39
  true to a person that it's their end of life decision, that's one
• 1:41:44
  of the most important decisions. We.
• 1:41:46
  Have to make in our adult lives and these poor people lost that
• 1:41:51
  and now they have to start over again.
• 1:41:52
  Considering the guideline range in this matter, considering the
• 1:41:57
  number of charges convictions that is 31 just for the funeral
• 1:42:02
  contracts 5 for embezzlement $1000 to $20,000 two for
• 1:42:07
  embezzlement 20,000 to $50,000 and clearly the criminal
• 1:42:11
  enterprise. One could argue that the
• 1:42:14
  guideline range may not be sufficient.
• 1:42:17
  However, on the flip side, the upper courts, the Court of
• 1:42:21
  Appeals, Michigan Supreme Court also looks at the guideline
• 1:42:25
  range, which is only considered. The court has to consider the
• 1:42:29
  recommendation, but the sentence has to comport with the law.
• 1:42:33
  It has to comport with other factors, facts and circumstances
• 1:42:38
  considering the guidelines and it will be the sentence of this
• 1:42:42
  court that first in count 1 by actually let's begin with the
• 1:42:50
  embezzlement 20. I'm sorry, $1000.
• 1:42:53
  No back up counts 4 through 39. This includes embezzlement,
• 1:43:01
  Asian trustee $1000 or more, but less than 20 thousand, 5005 lbs
• 1:43:06
  of that and the 31 lbs of conversion.
• 1:43:10
  Will be the. Sentence of this court and the
• 1:43:12
  guideline range is lower for this, but to be committed to the
• 1:43:16
  Michigan Corrections Commission and placing the commission's
• 1:43:18
  custody for a period of 23 months to a maximum of 10 years
• 1:43:22
  with credit for one day served. Actually that also covers
• 1:43:27
  background. I apologize this is this presets
• 1:43:31
  report is rather like the sentence should be 23 months to
• 1:43:34
  five years with credit for one day served.
• 1:43:36
  That's the guideline. Range relative to counts 4
• 1:43:41
  through 39, that's the maximum guideline the court can impose.
• 1:43:45
  Counts 2 and 3. Embezzlement agent or trustee
• 1:43:49
  20,000 dollars $250,000. It will be the sentence of the
• 1:43:54
  court admission the department. The defendant be committed to
• 1:43:56
  the Michigan Corrections Commission and placed in their
• 1:43:59
  custody for a period of 23 months to 10 years with credit
• 1:44:03
  for one day, Sir. Finally, regarding count 1,
• 1:44:06
  criminal enterprise will be the sentence in this court.
• 1:44:08
  The defendant pay restitution the amount of 1,000,000 111,000
• 1:44:13
  dollars 101,000,100 eleven 165.77.
• 1:44:21
  He's to execute a wage assignment and to pay with that
• 1:44:23
  restitution. He's employed and this is 2
• 1:44:26
  regularly scheduled payments. Prime victim's assessment of
• 1:44:29
  $130.00 will be ordered. DNA testing fee of $60.00 will
• 1:44:33
  be ordered. State cost.
• 1:44:35
  Totaled 2. $1652 those court costs are due and payable by
• 1:44:40
  July 6th, 2026 or the 20% interest penalty is imposed.
• 1:44:45
  Finally, based upon the number of charges, the number of
• 1:44:49
  victims in this case, the amount of money involved, it will be
• 1:44:53
  the sentence of this court going to be committed to the Michigan
• 1:44:56
  Corrections Commission and placed under custody for a
• 1:44:59
  period of seven years, one month to 20 years credit for one day
• 1:45:03
  served, which is again the maximum under the guideline.
• 1:45:07
  Recording poses the maximum based on the report already
• 1:45:10
  stated, the victims, the amount of money involved, the number of
• 1:45:15
  victims, I should state the money involved as well.
• 1:45:18
  He will not provide solace to anyone in this courtroom, won't
• 1:45:22
  provide solace to the defendant. Second, provide any relief for
• 1:45:25
  anyone. But the court has to impose all
• 1:45:27
  its conditions based upon the law.
• 1:45:29
  The hope is that the restitution can be recovered and the court
• 1:45:33
  will stay diligent in efforts to collect that restitution.
• 1:45:38
  But based upon his sentence, it's going to take a large
• 1:45:41
  amount of time. I do have to.
• 1:45:43
  Inform the defendant he has right to seek leave to appeal,
• 1:45:46
  but he's financially enabled to provide council his own choice.
• 1:45:48
  Court will assign the council form at public expenses.
• 1:45:51
  To initial. Receipt questionnaire form
• 1:45:53
  requesting the assignment of council, both of which must be
• 1:45:56
  executed on the role by the. Report of the Court, 42.
• 1:45:59
  Days the sentences shall be served currently with each
• 1:46:04
  other. There was a request for
• 1:46:06
  consecutive sentencing, however, based upon the defendant's age
• 1:46:10
  and based upon the fact that if there's more time composed, that
• 1:46:14
  gives a lesser opportunity for the defendant to provide funds
• 1:46:18
  for the victims in this case, the court is going to make has
• 1:46:22
  he? Has he executed the Doctor?
• 1:46:24
  Not yet. I think he was.
• 1:46:25
  Listening, he wanted to hear the end.
• 1:46:26
  That's fine, that's fine. A lot of people just start fine
• 1:46:33
  and it's remained to the custody all the individuals that were.
• 1:46:36
  Here. Monitoring this in which they're
• 1:46:41
  free to go get ground based. OK, friends.
• 1:46:49
  So it sounds like 7 to 20 as I heard it, Barbara.
• 1:46:54
  So a minimum of seven, if I recall, he's 71 or 72 years old.
• 1:46:59
  Based upon the average lifespan of male in the United States,
• 1:47:05
  that's a life sentence more than likely.
• 1:47:09
  Is that justice? I don't know because they'll,
• 1:47:12
  they'll never recover the stuff, at least not to the tune of 1.1
• 1:47:16
  million. You know that.
• 1:47:18
  I mean they could try to liquidate what he's got, but
• 1:47:22
  there's going to be some difficulty with that, especially
• 1:47:25
  if the wife's name is on it too. Could be a mess.
• 1:47:28
  So we shall see. I'm fairly certain this is going
• 1:47:31
  to be our sidebar topic though tomorrow night.
• 1:47:33
  So tune in for that because unless something else comes
• 1:47:36
  along, I think that's what we're going to be talking about.
• 1:47:39
  Any who hour 2 now in the books of TCF live on this fine Monday
• 1:47:44
  morning. It's so weird here in the
• 1:47:47
  Sonoran Desert. You know, 5:30 this morning, my
• 1:47:51
  time, we started the pre show in the Sky's light already.
• 1:47:55
  It's it's so weird. Anyways, let's let's do this.
• 1:48:02
  Let's go to Texas. We'll say good morning to Judge
• 1:48:05
  West. Let's do that.
• 1:48:07
  Good. Morning, you're Marcus Berry,
• 1:48:10
  and this is 25 DCCR 0882. Miss Berry is charged with
• 1:48:13
  aggravated assault with a deadly weapon.
• 1:48:15
  And what is the announcement? Judge, I need one more.
• 1:48:17
  Reset. I've got the paper discovery.
• 1:48:19
  I have visited with Miss Berry on the phone, but I need to, I
• 1:48:23
  need to get the media put in the media.
• 1:48:25
  Request but I just haven't seen it yet.
• 1:48:27
  OK. Right.
• 1:48:28
  And if you'll check on that, Mister Nicholas, if you don't
• 1:48:31
  mind, see where that is in the process and we'll reset it so
• 1:48:34
  you can get that and get an announcement the next court
• 1:48:36
  date. Stay in touch with Mr. Rapper so
• 1:48:38
  that when he does get that information, you can go in and
• 1:48:41
  visit with him and see all of that before that next court
• 1:48:43
  date. Thanks, judge.
• 1:48:48
  See Mr. Price on Dale Johnson, 3 cases.
• 1:48:52
  OK. OK, let me.
• 1:48:53
  Judge, good morning. You're Dale Johnson and Miss
• 1:48:56
  Johnson's three cases are set for trial to be in the jury
• 1:49:01
  selection next Monday. What is the announcement?
• 1:49:04
  The announcement is not ready, Judge.
• 1:49:06
  The defense was notified late last week by the state that the
• 1:49:10
  state's come into possession of some video files that relate to
• 1:49:14
  our complaining witnesses. As of now, the defense has not
• 1:49:18
  had access to these videos. I understand that they may be
• 1:49:21
  braiding materials and in order to provide effective assistance
• 1:49:25
  we need time in last these videos judge and if I may they
• 1:49:29
  were unexpected they were. Delivered.
• 1:49:32
  To our investigator. Go ahead.
• 1:49:36
  Who has been working to download them and so that we can make
• 1:49:41
  them available both to Mr. Price and also to me.
• 1:49:44
  I I don't know what the contents are where.
• 1:49:47
  Did they come from I'm sorry. From the mother of the
• 1:49:50
  complaining witnesses. And so I don't know if there's
• 1:49:55
  Brady material there. I don't know what.
• 1:49:57
  State. But in out of an abundance of
• 1:50:00
  caution, I notified attorney Price and we we need to take
• 1:50:05
  care of that. OK, Obviously, I'm going to let
• 1:50:09
  you guys do that, but if you'll let the family know, let
• 1:50:13
  everybody know this is the final reset.
• 1:50:15
  I don't whatever comes up comes up.
• 1:50:18
  It's Katie's cases are some of the oldest on the docket and
• 1:50:21
  they're going to go to trial the next time it's set.
• 1:50:23
  All right, everybody needs to be prepared, but I'll give you all
• 1:50:26
  some time to get that taken care of and so that you can go over
• 1:50:29
  it with your client and then we'll see you back the next
• 1:50:31
  trial day. All right.
• 1:50:33
  OK, thanks. That's why we have said I think
• 1:50:36
  I'm special. Mr. Macon, you have Juan
• 1:50:40
  Martinez Rodriguez. It's a sentencing.
• 1:50:45
  Good. Morning, let's get, we need to
• 1:50:51
  get a probably a port interpreter to go through all of
• 1:50:56
  this. I know we've used that, but I
• 1:50:59
  think for the plea we used someone else, correct?
• 1:51:03
  We brought someone down here, you've come and test and helped
• 1:51:06
  us interpret several times. But when we took the plea
• 1:51:09
  actually last time, we had someone else come help us,
• 1:51:11
  correct. Can you see if Jennifer's
• 1:51:18
  available please just because of a legal terminology on this one
• 1:51:22
  it? Was my brother so when that came
• 1:51:24
  last time? OK.
• 1:51:25
  I just want to make sure we've got all the legal terminology
• 1:51:28
  down that I need to go over. If y'all will have a seat, I'm
• 1:51:30
  going to get someone that can come interpret that.
• 1:51:33
  Works for the court, OK. Yes, thanks.
• 1:51:35
  And then you have Fernando Flores, Mr. Macon, the
• 1:51:38
  sentencing also your Fernando Flores and Mr. Flores, you were
• 1:51:44
  previously in court in clause #25 DCCR 1239, entered a plea of
• 1:51:49
  guilty to abandoning or endangering a child.
• 1:51:52
  I've received the precedence report.
• 1:51:54
  Has everyone had an opportunity to review that report?
• 1:51:57
  Yes, sure. Yes.
• 1:51:59
  Sir, any additions or corrections?
• 1:52:01
  No, you are. Not from the state.
• 1:52:03
  All right, Sir, I'm going to find that you entered your plea
• 1:52:05
  guilty freely and voluntarily find sufficient evidence to find
• 1:52:09
  you guilty. However, I'm going to follow the
• 1:52:11
  agreement that you made with the District Attorney, defer all
• 1:52:14
  proceedings, and place your probation for five years.
• 1:52:16
  You're ordered to pay that $500 fine and to follow all of the
• 1:52:20
  rules and conditions of probation.
• 1:52:22
  If you do that, this is an excellent opportunity because
• 1:52:25
  you do not have a felony conviction on your record.
• 1:52:27
  And at the end of the probation period, if you successfully
• 1:52:30
  completed the case will actually be dismissed and you'll never
• 1:52:32
  have a conviction. The other side of that, however,
• 1:52:35
  is if you violate any condition of probation, you can be brought
• 1:52:38
  back into court. You could be found guilty of the
• 1:52:41
  offense and sent to the state jail prison for between six
• 1:52:44
  months and up to two years. Do you understand I'm handing
• 1:52:47
  you the trial court certification that shows that
• 1:52:49
  this was an agreement that I followed.
• 1:52:51
  And so you have waived your right to appeal.
• 1:52:53
  If you'll just have a seat here in the courtroom.
• 1:52:55
  Probation's going to call you up to her desk when she's ready to
• 1:52:58
  go over your paperwork. All right.
• 1:52:59
  Good luck to you, Sir. OK.
• 1:53:04
  Thank you. Miss Holmes, You have Karisha
• 1:53:07
  Mays. Is she coming down?
• 1:53:09
  Is this Malfina coming down? What about Daryl Sneed?
• 1:53:14
  Are you ready on that sentence? Yes.
• 1:53:15
  I don't believe he's hearing Daryl Sneed.
• 1:53:18
  He didn't appear at his PS. I'll take care of it next.
• 1:53:21
  Thank you. While we wait for the next
• 1:53:22
  contestant, Barbara, thank you for the $5.
• 1:53:24
  Let's not forget that we also have the best host and Co host
• 1:53:27
  on YouTube. Well, I don't know about the
• 1:53:28
  best host, but with Ellie, you definitely have the best Co host
• 1:53:32
  for sure. But thank you so much.
• 1:53:35
  But I do, I do forfeiture or not showing up even though there's
• 1:53:38
  really more I don't. All right, there was already an
• 1:53:42
  A warrant issued for his arrest because he did not show up for
• 1:53:45
  the precedence report. So we'll see if we can get him
• 1:53:48
  into custody and go from that. Yes, I am.
• 1:53:50
  Thank you. That's OK.
• 1:53:53
  Whatever y'all tell me to do on the Mr. Macon on Juan Martinez
• 1:53:59
  Rodriguez. Good morning, Ma'am, would you
• 1:54:02
  please raise your right hand? Do you swear to affirm that you
• 1:54:04
  will truthfully and accurately translate from English to
• 1:54:06
  Spanish and Spanish to English? Yes.
• 1:54:08
  Thank you. And, Sir, are you Juan Martinez
• 1:54:11
  Rodriguez? And Mr. Rodriguez was previously
• 1:54:17
  in court entered a plea of guilty to theft of property.
• 1:54:24
  Yes, I've received the pre sentence report and reviewed it.
• 1:54:28
  Have you both had an opportunity to review it?
• 1:54:31
  Yes, Sharon. Mr. Nichols.
• 1:54:33
  Oh, I. Have your honor, sorry.
• 1:54:35
  Are there any additions or corrections?
• 1:54:37
  No, Your Honor. Not by the state judge all.
• 1:54:40
  Right, Sir, I'm going to find that you entered your plea of
• 1:54:42
  guilty freely and voluntarily find sufficient evidence to find
• 1:54:47
  you guilty. However, I'm going to follow the
• 1:54:51
  agreement that you made with the District Attorney and defer all
• 1:54:55
  proceedings for a period of five years.
• 1:54:57
  You're ordered to pay the $500 fine and follow all of the rules
• 1:55:01
  and conditions of probation. If you do everything you're
• 1:55:04
  supposed to on this probation, this is a great opportunity.
• 1:55:14
  Because you don't have a felony conviction on your record, if
• 1:55:17
  you successfully complete the probation at the end of the
• 1:55:20
  case, the case will actually be dismissed.
• 1:55:24
  If you violate any condition of probation, you can be brought
• 1:55:28
  back into court. You could be found guilty of the
• 1:55:31
  offense and sent to prison for a period of up to 10 years.
• 1:55:38
  Do you understand? Yes.
• 1:55:39
  All right. I'm handing you the trial court
• 1:55:42
  certification that shows that this was an agreement that I
• 1:55:46
  followed, so you waived your right to appeal.
• 1:55:50
  And. If you'll have a seat here in
• 1:55:52
  the courtroom, probation is going to call you to her desk
• 1:55:55
  when she's ready to go over your paperwork, and your family
• 1:55:58
  member can help you translate that.
• 1:56:12
  Thank you, Sir. Mr. Macon, I think they're ready
• 1:56:17
  for she's ready for me. If y'all going to go ahead and
• 1:56:19
  get the Thank you. Bye.
• 1:56:22
  Bye. Bye.
• 1:56:31
  Mr. Parker. Mr. Rojas, you have Terence
• 1:56:39
  Currington. What's your name?
• 1:56:42
  Oh, no. You're going that way.
• 1:56:43
  Not seen. Mr. Currington.
• 1:56:46
  Terrence Currington. Terrence Currington.
• 1:56:52
  Good. Morning just.
• 1:56:54
  Having a large time to bond will be forfeited for non appearance
• 1:56:59
  and reset at 100,000. Anthony McFarlane.
• 1:57:04
  Answer Judge. But I do have an offer that.
• 1:57:05
  This Anthony McFarlane, do you need to hold it?
• 1:57:09
  Yeah, OK. What?
• 1:57:10
  Actually, we can work all those in this.
• 1:57:12
  Yeah, well, it's all. Hold it.
• 1:57:14
  He has a misdemeanor but I need to talk from.
• 1:57:18
  That OK, let me hold that for a second.
• 1:57:19
  I just have a seat. Mr. Rehousal, visit with you in
• 1:57:21
  a minute and then Gabriel Pena. He's here.
• 1:57:25
  Pena good. Morning, Sir.
• 1:57:26
  Are you Gabriel Pena? And this is 26 DCCR 0064.
• 1:57:32
  Mr. Penny is charged with failure to comply with sex
• 1:57:34
  offender registration requirements.
• 1:57:36
  And Mr. Rojas, what is the announcement?
• 1:57:38
  Yeah, we do have all the discovery.
• 1:57:39
  We have an offer in the case. As you can see, Mr. Penny's got
• 1:57:42
  some health issues. We haven't had a chance to get
• 1:57:44
  together and talk about the case yet.
• 1:57:45
  I'm asking for the reset so that we can do that.
• 1:57:48
  Mr. Penny, I'm going to reset your case about 30 days.
• 1:57:50
  It's important that you make an appointment and go visit with
• 1:57:53
  Mr. Rojas before that next court date so that we can get an
• 1:57:56
  announcement on the next court date.
• 1:57:58
  OK, Thank you. You're free to go.
• 1:58:03
  Mark Ramirez. Mr. Rojas.
• 1:58:06
  Mr. Nichols case Good. Morning.
• 1:58:08
  Are you Mark Ramirez and this is 25 DCCR 1362.
• 1:58:12
  Mr. Ramirez is charged with aggravated assault with a deadly
• 1:58:15
  weapon. And what is the announcement?
• 1:58:17
  Joseph, compliant in this case, has done the options class.
• 1:58:19
  I've chosen not to dismiss it. I had made an offer.
• 1:58:24
  At least we discussed. That official make an offer to
• 1:58:26
  Charlie on this. We did not.
• 1:58:28
  I was going to offer a misdemeanor on it and I think
• 1:58:31
  they need to. Discuss that at this point.
• 1:58:32
  Do you want? To.
• 1:58:34
  Hold that. For something about the.
• 1:58:35
  Future was a guy called Miss Missile.
• 1:58:37
  No, it's not. Our normal.
• 1:58:38
  That's OK, That's up to you. I'm going to hold the case and
• 1:58:41
  so y'all can visit this morning. Just have a seat.
• 1:58:43
  Mr. Rojas will visit with you in a few minutes, and then you have
• 1:58:46
  Darius Sparks. Mr. Rojas.
• 1:58:48
  That's Miss Mulquino's case, Judge.
• 1:58:51
  She was going to send a letter to the complaining witness.
• 1:58:54
  OK to see if they have any notes we might need to wait.
• 1:58:56
  For her. Is there a note in there she was
• 1:58:58
  going to or do we need to wait for?
• 1:59:00
  Her. She's next to peeing the
• 1:59:02
  witnesses under 11 or something. You mean just hold it?
• 1:59:05
  He has tried correspondence and is not going to be successful.
• 1:59:09
  It's basically. She's coming down there.
• 1:59:13
  Let's hold it. Just have a seat until your
• 1:59:15
  attorney can visit with this blocking day.
• 1:59:18
  Leave it by notes is Mr. Wasserstein.
• 1:59:22
  Good morning, Sir, on Guadalupe Reyes.
• 1:59:26
  Yes, Sir. Good.
• 1:59:30
  Morning, Sir. Are you Guadalupe Reyes and
• 1:59:33
  speak up, please. Yes, thank you.
• 1:59:35
  This is 25 DCCR 1422. Mr. Reyes is charged with
• 1:59:39
  aggravated robbery. And what is the announcement?
• 1:59:41
  Judge, I've tendered an offer this morning after speaking Mr.
• 1:59:45
  Wasserstein a little bit about. About this case.
• 1:59:48
  Since our last appearance, I've made him aware that the Co
• 1:59:50
  defendant has pled and been sentenced to 15 years of the
• 1:59:53
  penitentiary. I've also provided a statement
• 1:59:56
  that that Co defendant had provided to us further
• 2:00:00
  implicating Mr. Mr. Reyes. And so I attended and offered
• 2:00:03
  him this morning and I think they probably need to discuss
• 2:00:06
  that and then if they don't take it, can be separate.
• 2:00:08
  This is going to be the final reset.
• 2:00:10
  It's like you were hired early in November.
• 2:00:13
  Some of these. Discussions, probably.
• 2:00:15
  Should have taken place before the morning of court, but I'm
• 2:00:17
  going to reset it, a normal reset.
• 2:00:19
  And then let's get an announcement one way or the
• 2:00:21
  other. The next court date.
• 2:00:22
  Make sure you visit with your attorney before the next court
• 2:00:25
  day so you can go over everything with him and be
• 2:00:27
  prepared for an announcement. OK.
• 2:00:28
  Thank you. Thank you, Okie Dokie friends.
• 2:00:33
  Let's change it up a little bit. Let's go up to Michigan and
• 2:00:36
  Judge Middleton. It looks like it's going to do
• 2:00:39
  some misdemeanor stuff I think. All right, we're back.
• 2:00:46
  We finished our civil matters. We have two criminal cases,
• 2:00:50
  misdemeanors. We're going to address the first
• 2:00:58
  of those matters we have Mark Wittenberg.
• 2:01:02
  Mr. Wittenberg is here with his a lawyer, Mr. Noffsinger.
• 2:01:07
  Mr. Wittenberg has two separate cases.
• 2:01:11
  File 251382 SD alleges operating on with a high blood alcohol
• 2:01:17
  level on June 13th of 2025 should be July 13th of 2025.
• 2:01:26
  He is also charged with assault and battery and domestic
• 2:01:29
  violence and file 252588 SM Mr. Knobs and are scheduled this
• 2:01:37
  matter for a plea this morning at 11:00.
• 2:01:40
  He is present also present as Abby stole from the prosecutor's
• 2:01:44
  office. So I understand that the plea
• 2:01:52
  that is scheduled is a plea to impaired driving in the
• 2:01:56
  operating while intoxicated charge. 251382 An assault and
• 2:02:02
  battery and the domestic Violence case 2525. 88.
• 2:02:08
  Is that your understanding, Mr. Nob Singer?
• 2:02:10
  Yes, Judge. And there's a height of
• 2:02:12
  component to the song battery Judge.
• 2:02:15
  All right, Abby, you concur with that offer
• 2:02:32
  251382. Let's start with a drinking
• 2:02:42
  driving case first. It happened last July.
• 2:02:47
  It's a long time ago. Allegation is that on March 13th
• 2:02:51
  at 1:00 in the morning, you're driving a car in the city of
• 2:02:54
  Three Rivers with a high blood alcohol level.
• 2:02:57
  That is punishable by up to 180 days in jail, $750.
• 2:03:04
  I also carry 6 points and requires that your license be
• 2:03:07
  suspended. I'm trying to see what the blood
• 2:03:10
  alcohol level was. The prosecutor has agreed to
• 2:03:13
  dismiss that charge for a plea to impaired driving.
• 2:03:18
  Impaired driving is better for a couple reasons.
• 2:03:23
  The main reason it doesn't require the suspension of your
• 2:03:26
  driver's license. It would allow you to keep a
• 2:03:28
  driver's license to drive to and from and in the course of work,
• 2:03:33
  treatment, school and other limited purposes.
• 2:03:36
  That's called a restricted license.
• 2:03:38
  The maximum fine would be $300 rather than 750, and it would
• 2:03:43
  carry 4 points rather than six. It's also punishable by up to 93
• 2:03:50
  days in jail. Do you understand that charge?
• 2:03:54
  Yes. And are you going to plead to
• 2:03:56
  impaired driving? Are you going to plead guilty to
• 2:04:00
  the lesser charge of impaired driving?
• 2:04:02
  Oh yes. Anybody threaten you to get you
• 2:04:05
  to plead to that? No, Your Honor.
• 2:04:08
  A promise or anything? I'm looking to see if I have any
• 2:04:12
  facts in here. I don't really have much other
• 2:04:14
  than a ticket. So let's look at the ticket when
• 2:04:33
  you're driving a car at about 1:00 in the morning in the city
• 2:04:36
  of Three Rivers. We haven't fixed the other one
• 2:04:40
  yet. All right, OK, we'll figure it
• 2:04:48
  out. Were you driving the car at
• 2:04:54
  about 1:00 in the morning near downtown Three Rivers?
• 2:04:59
  Yes, that's close to where you live, is it not?
• 2:05:02
  Where are you going? I went to McDonald's and then
• 2:05:06
  back, Your Honor. We get lots of those.
• 2:05:10
  What did you been drinking? It would be gin, your honor.
• 2:05:17
  What did you mix it with? Nothing, Your Honor.
• 2:05:21
  Well, as a red flag, gin and McDonald's sounds like a great
• 2:05:25
  combination. Juniper berries and French
• 2:05:29
  fries. What was the blood of alcohol I.
• 2:05:34
  Don't know if he knows judges of .19 BAC and breathalyzer.
• 2:05:38
  Was a .2. All right.
• 2:05:40
  Will you accept that? Yes, Your Honor.
• 2:05:42
  Abby, I've got your microphone. So will you accept that also?
• 2:05:53
  Well, this is a generous plea offer.
• 2:05:55
  It does resolve both cases. Do you still live above 60 N
• 2:06:01
  main? No, I do not hear.
• 2:06:04
  We'll get your correct address. All right.
• 2:06:11
  Set both of these at the same time.
• 2:06:15
  I use this scheduling program 50 times a day.
• 2:06:20
  Judge Patterson doesn't use it at all.
• 2:06:23
  I don't know what I'd do without it.
• 2:06:26
  Luke, are you available on Monday, June 8th at 11:00?
• 2:06:31
  Yes. Tell you what, let's set this
• 2:06:34
  for 1030 even. Better thank you.
• 2:06:41
  Mr. Woodenberg, did anybody promise you anything to get you
• 2:06:44
  to plead to this charge? No, Your Honor, or threaten you.
• 2:06:48
  No, Your Honor. And you signed a waiver of your
• 2:06:51
  advice or rights. You understand you're giving
• 2:06:53
  those up by entering this, please.
• 2:06:55
  Yes, your Honor. All right, let's look at the
• 2:06:57
  other case in that matter. It's alleged that you assaulted
• 2:07:02
  either Madison Jackson or Gage Lead Knight.
• 2:07:06
  The assault and battery is on Gage Knight, who I think was a
• 2:07:09
  friend of your girlfriend and Madison Jackson was your
• 2:07:13
  girlfriend. So the plea would be on count 1,
• 2:07:17
  the. The A and.
• 2:07:19
  B&B and dismiss the domestic violence you grew that.
• 2:07:31
  All right, same rights apply. You're giving those up in this
• 2:07:36
  plea. Let's talk about the difference
• 2:07:38
  between assault and battery and domestic violence.
• 2:07:41
  Domestic violence is a misdemeanor.
• 2:07:43
  It's punishable after 93 days in jail on a fine of up to $500.00.
• 2:07:48
  But there is a special provision under the law which allows the
• 2:07:52
  judge to put you on a probation and defer the sentence and if
• 2:07:57
  you successfully complete the sentence, the charge would be
• 2:08:01
  made non public. It also would prohibit you from
• 2:08:03
  using and possessing the firearm for eight years.
• 2:08:07
  Salt and Battery does not have that firearm provision, but it
• 2:08:12
  also doesn't allow for a deferral under domestic violence
• 2:08:16
  statute. So your lawyer is going to ask
• 2:08:19
  me to consider Holmes Youthful Trainee status.
• 2:08:22
  HYTA stands for the Holmes Youthful Trainee Act, which is a
• 2:08:27
  similar method of deferring a sentence with probation and
• 2:08:33
  having it taken off your record. I haven't made a determination
• 2:08:37
  yet. I have to look more carefully at
• 2:08:39
  it, but they're going to request that the matter be deferred, is
• 2:08:43
  that correct, Mr. Noffsinger? It is, Judge.
• 2:08:45
  Thank you. All right, now I do know a
• 2:08:48
  little bit about this. There's a bond information
• 2:08:51
  sheet. Had you been in a dating
• 2:08:52
  relationship with Madison Jackson?
• 2:08:57
  Yes, I was, your honor. And were you living together at
• 2:09:01
  that apartment on N Main St. Yes, your Honor.
• 2:09:04
  And did you go there on December 16th and get into it with her,
• 2:09:09
  but more specifically with Gage Knight?
• 2:09:12
  Yes, your Honor. Tell me what happened regarding
• 2:09:15
  Mr. Knight. He.
• 2:09:18
  Opened my apartment or in my dog ran out so he put my dog in his
• 2:09:23
  truck. Then I had my dog in my arms,
• 2:09:27
  and then he pressed his. Was he inside your apartment or
• 2:09:31
  outside your? Apartment.
• 2:09:32
  He was right outside the front door.
• 2:09:34
  You're on. Where were you?
• 2:09:36
  I was in my apartment, Your honor.
• 2:09:38
  All right, so he he opened the door from the outside.
• 2:09:43
  Well, I opened it to like, tell him to leave because.
• 2:09:47
  Well, there was He was apparently concerned about the
• 2:09:51
  safety of your girlfriend. I don't have a reason why he
• 2:09:55
  would. All right, well, so why was he
• 2:09:57
  there? I couldn't tell you all.
• 2:09:59
  Right, so you open the door, your dog ran out.
• 2:10:01
  What kind of dog do you have? It was a Pitbull mix.
• 2:10:05
  Of course. So he put your dog in his truck?
• 2:10:09
  Yes, your honor. Why is that?
• 2:10:12
  That I have no clue, Your Honor all.
• 2:10:15
  Right, well, so then what happened?
• 2:10:19
  I opened his rear door and got my dog, and as I was holding my
• 2:10:24
  dog in my arms, he pressed his chest against mine, so I pushed
• 2:10:29
  him back. Your Honor.
• 2:10:30
  Well, here's what the bond information sheet says.
• 2:10:34
  It's about 9:00 at night on December 15th.
• 2:10:39
  This guy comes to your apartment.
• 2:10:42
  Somebody called and said, hey, these guys are fighting out on
• 2:10:44
  the street. Someone called the police.
• 2:10:48
  Knight told me he had come over to talk to his girlfriend,
• 2:10:52
  Madison Jackson. Knight told me that he heard a
• 2:10:55
  loud bang come from inside of her apartment.
• 2:10:59
  Knight told me that Wittenberg came out and started yelling at
• 2:11:02
  him after he knocked on the door.
• 2:11:04
  I went and contacted Jackson. She told me that Wittenberg had
• 2:11:08
  been drinking, that he was upset, so she locked herself in
• 2:11:12
  the bathroom. Now let's skip ahead too.
• 2:11:18
  Knight told after Candolf that Wittenberg had shoved in
• 2:11:21
  multiple times and attempting to get him to fight.
• 2:11:26
  When you were outside on the sidewalk level, did you on this
• 2:11:32
  scuffle over your dog, push or shove, Mr. Knight?
• 2:11:36
  When I had my dog in my arms, Your Honor, Yes.
• 2:11:41
  I'm going to set this for sentence.
• 2:11:43
  That's a sufficient actual basis for June 8th at 10:30.
• 2:11:53
  Need victim input and police report.
• 2:12:03
  Don't tell me the address, but where do you live now?
• 2:12:08
  What town? I have this address, Judge.
• 2:12:12
  All right. Are you still in Saint Joe
• 2:12:15
  County? The past month I was with my
• 2:12:19
  aunt here honey, but I'm with staying with my dad currently.
• 2:12:24
  All right. Is Miss Madison still in the
• 2:12:28
  apartment at 60 N Main? No, Your Honor.
• 2:12:32
  OK, well I'm going to have to get are you and her still in a
• 2:12:37
  relationship? No, Your Honor.
• 2:12:46
  Are you on probation or parole anywhere now?
• 2:12:49
  No, Your Honor. Are you working someplace?
• 2:12:52
  I'm currently looking for a place of employment, Your honor.
• 2:12:57
  All right, well, we'll find more about this.
• 2:13:00
  The salt and battery, as I said, is a lesser charge.
• 2:13:04
  You might get a probation anyway on the drinking charge, so maybe
• 2:13:10
  we can hope for the best. All right, I'm going to have the
• 2:13:15
  bailiffs take you out to the court office and they'll get you
• 2:13:19
  your appointment regarding coming back in for the screening
• 2:13:24
  and oh, wait a minute, this goes worth it too.
• 2:13:28
  I'll just give you this whole folder.
• 2:13:31
  Thanks. Thank you, Mr. Nofsson.
• 2:13:35
  Thank. You TCF live on a Monday with
• 2:13:39
  about 25 more minutes to go. Once again, the day moves by so
• 2:13:44
  fast, but thank you for spending your morning with me.
• 2:13:46
  Let's let's go back to Texas. We'll check in with Judge
• 2:13:51
  Stevens. Miss Broussard, is that you?
• 2:13:55
  Does she need to swear? In or anything.
• 2:13:58
  Motion. It's a motion to revolt and
• 2:14:00
  adjudicated probation oriented. Oh all.
• 2:14:04
  Right. We can't fall cost under
• 2:14:06
  21-38622. The state of Texas versus Terry
• 2:14:10
  Broussard. You're Miss Broussard.
• 2:14:12
  Yes. And you were here with your
• 2:14:15
  attorney, Mr. Buzzler, and the State's attorney?
• 2:14:17
  There is a motion to revoke unadjudicated probation file
• 2:14:20
  February 5th, 2026. Does the defendant waive a
• 2:14:24
  formal reading of this? Can we proceed?
• 2:14:26
  And also probation offices here and the State's attorney is here
• 2:14:30
  as well. Are you familiar with this
• 2:14:32
  motion to revoke unadjudicated probation?
• 2:14:34
  Man, raise your right. You're nodding.
• 2:14:36
  Yes. So OK, raise your right hand.
• 2:14:39
  There you go. You soundly swear or affirm any
• 2:14:41
  statements you make there and shall be the truth.
• 2:14:43
  So hold the truth and nothing but the truth so help you God,
• 2:14:46
  right? Yes, Sir.
• 2:14:48
  In summer, this function states that on October 13th, 2025, last
• 2:14:54
  year in this court, you were placed on deferred or
• 2:14:58
  unadjudicated probation for four years for the Class A
• 2:15:01
  misdemeanor. It shouldn't be.
• 2:15:03
  It should be state jail, felony judge.
• 2:15:06
  I just noticed that when I was reading over this.
• 2:15:08
  I don't think so. Gonzalez caught it.
• 2:15:11
  Yeah. There was an RV location for
• 2:15:15
  four years or a misdemeanor in this.
• 2:15:17
  Yes, it was. It was a misdemeanor theft that
• 2:15:20
  was enhanced to state jail and there's a virus.
• 2:15:28
  No, you didn't. And they just got it wrong on
• 2:15:30
  the motion. State jail led to a state jail
• 2:15:36
  judgment of Judicial Guild on October 13th of last year.
• 2:15:40
  Degree of offense, state jail felony.
• 2:15:42
  Yes, Sir. It should say state jail.
• 2:15:44
  It should say state jail felony. I think Miss Gonzalez just
• 2:15:47
  missed it on the on the motion. So we'd move to amend that from
• 2:15:53
  a Class A misdemeanor to a state jail felony.
• 2:15:57
  What? So I think it was also from
• 2:16:27
  Savier's, yeah, several problems, according to the
• 2:16:34
  judgment on the adjudication, says 5.
• 2:16:38
  Think. It's because she has some
• 2:16:42
  cleaves, but actually, you know this.
• 2:16:48
  Sentenced on 10/13/25, two years state jail and then sentenced
• 2:16:52
  confinement, suspended, defended, placed on probate,
• 2:16:54
  community supervision. Before this wasn't even a
• 2:16:57
  deferred, it was actual. It's a regular probation, two
• 2:17:01
  years, two years state jail, probated for four years.
• 2:17:09
  So no correct. Yeah.
• 2:17:15
  Right. All right, this notion will
• 2:17:41
  revoke on the GS80 population and then 21 three 863 have some
• 2:17:45
  errors. And in the second paragraph of
• 2:17:50
  the motion to revoke evaluation, it states that the defendant
• 2:17:54
  Terry Buso, A defend defendant in this case, was tried in the
• 2:17:59
  Criminal District Court, Jefferson County, Texas on
• 2:18:03
  October 13th, 2025 for the offense of theft of property, a
• 2:18:09
  state jail felon. I corrected that from a Class A
• 2:18:12
  misdemeanor to a state jail. Felon.
• 2:18:14
  Make. Reactions to that it is
• 2:18:16
  corrected then, and that on such day the judge upset court found
• 2:18:21
  that the evidence was sufficient beyond a reasonable doubt.
• 2:18:24
  To. Support a finding of guilt of
• 2:18:27
  the above stated offense and then but deferred adjudication
• 2:18:30
  of of guilt and placed the defendant on probation.
• 2:18:35
  OK that is in covet phrase is incorrect because it should read
• 2:18:41
  was found guilty of placional probation just a two year step
• 2:18:45
  jail suspended inflation probation.
• 2:19:13
  See, here's the problem. You go back this began as a
• 2:19:20
  deferred or on adjudicated. Probation.
• 2:19:23
  Correct. And it was deferred, A
• 2:19:26
  placement. She was placed on deferred or on
• 2:19:29
  adjudicated probation January of 2025.
• 2:19:33
  For. Five years, then in 910 months
• 2:19:40
  later, motion to revoke probation had been filed.
• 2:19:52
  There is a administrative hearing in 25.
• 2:19:57
  Motion to revoke probation was to be filed.
• 2:20:05
  That's the correct language. I cannot find them.
• 2:20:11
  The original motion. Should we put probation here in
• 2:20:15
  this file? It's not in there.
• 2:20:17
  Can I get a print out of that? It jumps right to a Judgment 1
• 2:20:22
  from 2005. Yeah, yeah, I've got a copy.
• 2:20:28
  Well, let me get the one out of the bank.
• 2:20:33
  It says we must stop in here. There's an order file. 883 to
• 2:20:36
  25. There was a administrative
• 2:20:40
  hearing signed by the court to order a motion to be filed and
• 2:20:45
  that was done on January 8th. That's why I have most recent.
• 2:20:51
  Then there was a order then in the May 30th, an administrative
• 2:20:58
  order ordering the MTRP on was May 30th of last year.
• 2:21:04
  And that the next thing I have is a judgment adjudicating
• 2:21:09
  guilt. I don't have the emotions.
• 2:21:10
  You probably. Sent it for scanning.
• 2:21:12
  Let me. I just found you a.
• 2:21:14
  Copy. OK.
• 2:21:16
  I'm going to do. That walk this thing through on
• 2:21:18
  the red in front. Yes, ma'am.
• 2:21:23
  Thank you. Wow.
• 2:21:25
  Something new. The court is now holding, and
• 2:21:31
  we'll get this physically into the file, the file jacket here,
• 2:21:36
  and this cause #21-38622A motion to revoke unadjudicated
• 2:21:43
  probation in this case filed August 18th of last year.
• 2:21:50
  And that resulted in a sentence hearing and sentence imposed on
• 2:21:58
  October 13th of last year in this case where the defence is
• 2:22:03
  the truth to allegations 1-2. And three, failing to report to
• 2:22:08
  the probation office, failing to immediately report to the
• 2:22:11
  probation officer new phone number and failing to provide
• 2:22:14
  verification of appointing community service hours
• 2:22:17
  required, which were violations of conditions 49 and 17,
• 2:22:22
  respectively, of her deferred or unadjudicated probation order.
• 2:22:26
  The court found that was sufficient to revoke or deferred
• 2:22:32
  or unadjudicated probation. It was done.
• 2:22:35
  Then she was found guilty based upon that motion to revoke
• 2:22:40
  unadjudicated probation on 10/13/2020, five sentenced to
• 2:22:48
  two years in the state jail, but that was suspended and she was
• 2:22:52
  placed on regular probation for four years.
• 2:22:55
  So the defers converted to regular probation and now here
• 2:23:01
  we are back for a motion to revoke.
• 2:23:07
  As it says if you get probation though, I've got to change that
• 2:23:10
  up with the pop to regular smoke to start kind of adjudicated.
• 2:23:18
  Took. UN out.
• 2:23:20
  OK. All right, so again, and after
• 2:23:23
  the word offense, this is a language judge that we put in
• 2:23:27
  the motions I've got highlighted for you.
• 2:23:30
  You can add what you want, take out what you want, but they
• 2:23:33
  tended words on that place. Yes, Sir, you can, you could
• 2:23:35
  like I say, you can shorten it however you want to, but after
• 2:23:38
  the word offense, because that's where it begins on this.
• 2:23:42
  I didn't change 5 to 4, but that's.
• 2:24:01
  All right. This has been corrected here on
• 2:24:07
  the adjudicated probation from unadjudicated to adjudicated
• 2:24:12
  probation. And paragraph two goes on to
• 2:24:15
  allege that in a corrected form. That Terry Broussard, a
• 2:24:19
  defendant in the above styled and numbered cause, was tried in
• 2:24:23
  a Criminal District Court of Jefferson County, Texas, on the
• 2:24:26
  13th day of October, 2025, for the offense of theft property, a
• 2:24:31
  state jail felony. And that on such date the judge
• 2:24:36
  in said court found that the evidence was sufficient beyond a
• 2:24:38
  reasonable doubt to support a finding of guilt for the above
• 2:24:43
  stated offense and punishment was assessed at 2 year state
• 2:24:47
  jail. T Texas Department of Criminal
• 2:24:51
  Justice suspended confinement and placed the defendant on
• 2:24:55
  probation for a period of four years upon conditions that.
• 2:25:00
  And we pick up from there. We have no objections that have
• 2:25:02
  no objection that is corrected. And is all of that true and
• 2:25:07
  correct? Ma'am.
• 2:25:09
  Allegations one states you failed to report to the
• 2:25:12
  Jefferson County Probation Office on or about November
• 2:25:15
  12th, 2025, December 4th, 2025, December 18th, 2025, and January
• 2:25:21
  8th of 20. Is that 2026 probably should be
• 2:25:26
  judged and by the ways, OK, we're going to correct that.
• 2:25:33
  There's no end to the corrections in this one and that
• 2:25:53
  is a violation of condition four of your deferred probation
• 2:25:56
  order. Is all of that true and correct?
• 2:25:58
  Yes, Sir. #2 states you failed to immediately report to the
• 2:26:01
  probation office your contact information.
• 2:26:04
  Jen, we can just call them. One, she's already agreed to the
• 2:26:06
  punishments. OK.
• 2:26:07
  One, are you pleading true to allegation 1 voluntarily and
• 2:26:12
  because it is true as it is alleged?
• 2:26:15
  Yes, Sir. Do you understand that
• 2:26:16
  voluntarily and knowingly made plea offended one or more
• 2:26:19
  violations probation that's enough to grant a motion to
• 2:26:23
  revoke probation by preponderance of the evidence of
• 2:26:25
  greater with ovation can hereby be revoked and you can be
• 2:26:29
  sentenced to no less than 100 lady days up to two years in the
• 2:26:33
  state jail. Knowing all of that, do you
• 2:26:36
  insist on pleading true to death?
• 2:26:38
  Yes. Sir, I find you were pleading
• 2:26:40
  true voluntarily. You understand and appreciate
• 2:26:43
  the consequences of pleading true.
• 2:26:46
  An agreement has been reached here in your case where your
• 2:26:50
  probation would be revoked and this is an agreement to truly
• 2:26:55
  agreeing to your probation would hereby be revoked and you would
• 2:26:58
  be sentenced to 18 months in a state jail given credit for all
• 2:27:02
  time you have served in accordance with this case in
• 2:27:06
  confinement. Is that your understanding of
• 2:27:08
  the plan? Yes.
• 2:27:09
  Sir. If I follow this agreement, you
• 2:27:11
  have no right of appeal of your case.
• 2:27:14
  Do you understand? Yes, Sir.
• 2:27:17
  I'm going to show you what's marked as State's Exhibit 1
• 2:27:19
  here. Did you sign that document,
• 2:27:21
  understand it, discuss it with your attorney?
• 2:27:23
  Are the contents true and correct?
• 2:27:24
  Yes, Sir. State's Exhibit 1 tendered
• 2:27:26
  intent no special that objection is better.
• 2:27:29
  This goes on to say that you understand full of that you were
• 2:27:32
  giving up all rights of appeal if I follow this agreement.
• 2:27:35
  Yes, Sir. I'm going to follow this
• 2:27:37
  agreement man. Anything else to add by the?
• 2:27:39
  Party. Or not.
• 2:27:41
  I'm going to find that Miss Broussard here in cost #21-38622
• 2:27:47
  has pleaded true voluntarily, knowingly, intelligently to
• 2:27:51
  Allegation 1 of this Motion to revoke Adjudicated probation
• 2:27:56
  filed on and on February 5th, 2020.
• 2:28:01
  Sixth, and as corrected today, as she was placed on originally
• 2:28:07
  deferred or unadjudicated probation for the state jail
• 2:28:10
  found the effective property that was revoked she would place
• 2:28:15
  on the regular probation thereafter that was revoked here
• 2:28:19
  by today and her regular probation of two years in the
• 2:28:23
  state jail probated for four years is hereby revoked.
• 2:28:28
  And by agreement of the parties, the defendant is hereby
• 2:28:31
  sentenced to confinement in the state jail for 18 months.
• 2:28:35
  Do you understand what has happened today?
• 2:28:37
  Thank. You.
• 2:28:40
  You have 19, not surgery for and.
• 2:28:43
  How? Much time does she have?
• 2:28:44
  Credit for Do we know? We can give you an idea, because
• 2:28:49
  you're probably not adding all this up and.
• 2:28:52
  She has time and other counties judge I can't look at.
• 2:28:55
  Yeah. You see, see, OK, we, we're not
• 2:28:57
  going to be able to do it, but you are being given credit for
• 2:29:00
  time on this case for, for time you have served in custody in
• 2:29:05
  other counties. So it's going to all add into
• 2:29:08
  the equation. You're not going to lose
• 2:29:09
  anything. I know you may have to spend
• 2:29:11
  some more time. We don't know, but we can figure
• 2:29:14
  it out. But we can't do it right now.
• 2:29:16
  But it's because if you were in jail in other counties, and we
• 2:29:19
  don't know exactly how much that is, but it will be added by law
• 2:29:23
  to your sins. OK?
• 2:29:26
  Good luck, ma'am. Okie Dokie friends that will do
• 2:29:31
  it for this morning. Thank you again for joining me.
• 2:29:34
  I very much appreciate all of you.
• 2:29:35
  We'll be back tonight for In the Blind with Mike and Dan. 7:00 PM
• 2:29:40
  Eastern, 4:00 PM Pacific. Hang tight because as soon as I
• 2:29:43
  end the stream, YouTube will take you over there so you can
• 2:29:46
  set your reminder and then we'll be back tomorrow morning right
• 2:29:50
  here on this channel. 9:00 AM Eastern, 6:00 AM Pacific, 1/2 an
• 2:29:52
  hour earlier if you were a channel member for the pre show.
• 2:29:56
  Thank you all again. I hope you all enjoyed the
• 2:29:58
  morning. I know that I did and look
• 2:30:00
  forward to seeing you tonight or tomorrow or hopefully both.
• 2:30:04
  Take care, God bless.