Latest / The Courtroom Files / February 9 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #227

Transcript

February 9 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #227 · The Courtroom Files

• 0:01
  Good morning everybody happy, weird and wacky Monday welcome
• 0:05
  to TCF live. You'll notice I didn't start out
• 0:08
  with a courtroom feed, but I'm going to don't worry, we'll get
• 0:13
  there. But I just wanted to explain.
• 0:14
  This has just been a weird morning already.
• 0:18
  You know, in the pre show, I showed a video that talked about
• 0:22
  how everything in the world is like broken.
• 0:25
  And then at the end of the pre show, my computer started doing
• 0:29
  all sorts of crazy things like opening tabs at random,
• 0:34
  everything else. So I had to restart everything.
• 0:36
  Everything appears to be working.
• 0:38
  So we're going to soldier on. If you see any issues during the
• 0:40
  show, let me know. I will try to correct them on
• 0:42
  the fly. And also there is nothing,
• 0:45
  absolutely nothing of substance going on in court.
• 0:48
  Landy out there at the moment. So we're going to start our day
• 0:52
  with part of Judge Mcnally's docket from Friday as we await
• 0:57
  other courts to come online. But again, good morning,
• 1:00
  everybody and welcome to TCF Live.
• 1:02
  Discovery order. Have a great day.
• 1:05
  Thank you. All right, people against Jetto
• 1:14
  Sylvester Bagnan, 25-F245279. OK Council.
• 1:20
  Wow, come on up here your appearance.
• 1:26
  Again, good morning. So B67842 is Obris.
• 1:32
  Your name again, Kim. How old is your Honor?
• 1:35
  You're still underoath. Yes, you're under.
• 1:38
  Sir, tell me your name. All.
• 1:43
  Right. He's going to plead to impeding
• 1:45
  traffic, correct? They're going to dismiss the
• 1:48
  drywall suspend. Is that right?
• 1:53
  If you told him that, OK. All right.
• 1:59
  To the charge of impeding traffic, do you plead
• 2:02
  responsible or not responsible? Yes.
• 2:10
  All. Right.
• 2:10
  Tell him to slow down. Will you please tell him I said
• 2:13
  to slow down? He's got some traffic record on
• 2:15
  here. All right, You got to slow down,
• 2:18
  Sir. I'll accept the plea to impeding
• 2:22
  180 as your total and the suspend is dismissed.
• 2:27
  Have a good day. Can he pay that today?
• 2:35
  Pardon. We.
• 2:36
  Have two weeks to. Hear.
• 2:37
  Yeah, I'll give him until the 19th.
• 2:42
  How's that council? Tell him if he needs more time
• 2:45
  to call the court, not to ignore me.
• 2:47
  We'll go zone. I'll give you an extension.
• 2:50
  Or now it's kind of tough with the barrier.
• 2:53
  Maybe you could log on with them.
• 2:55
  You know what I mean? OK, Thank you.
• 2:58
  Have a good day. Good luck.
• 3:00
  Thank you very much, Miss Obris. I appreciate it.
• 3:04
  Eric Smith. Eric Raymond Smith, 26-F24543-O.
• 3:10
  And could I have Eric Bagaya seated at the table?
• 3:13
  My right, your left. Let's see at that table there,
• 3:16
  Sir. Come on up to the podium, Mr.
• 3:23
  Smith. Your name?
• 3:27
  Good. You're charged with driving on a
• 3:29
  suspended. You have the right to an
• 3:30
  attorney. If you want one, I will give you
• 3:32
  one. Do you want a lawyer?
• 3:34
  That's the driver. I'm sorry, that's the.
• 3:37
  Driving. Take care of it.
• 3:41
  All right, I'll go ahead and arraign you and send you to the
• 3:43
  prosecutor. It is alleged that you did on
• 3:45
  January 7th of 26 operate a motor vehicle in Flat Rock, they
• 3:50
  think with a suspended or revoked license that is a
• 3:53
  misdemeanor punishable by up to 500 fines, 93 days jail costs
• 3:59
  are all those two points. Do you understand that you are
• 4:02
  presumed innocent? They you have the right to a
• 4:04
  trial by court or jury. You have the right to question
• 4:07
  their witnesses, to bring in your own, to use the subpoena
• 4:09
  powers the court to bring in those witnesses, to testify or
• 4:12
  remain silent. If you plead guilty, you're
• 4:16
  giving up all those rights. We're not going to have the
• 4:18
  trial. You're waiving the presumption
• 4:19
  of innocence. You're waiving the requirement
• 4:21
  they prove you're guilty beyond a reasonable doubt.
• 4:23
  Do you understand that? All right, I'll.
• 4:25
  I'll enter an act guilty plea. I'll give you a personal bond.
• 4:29
  You don't have to post any money, $500.
• 4:31
  You cannot leave the state without consent.
• 4:33
  You cannot violate a law. You must appear in court as
• 4:36
  directed. You're going to go talk to the
• 4:38
  prosecutor and see what you can work out, and either way, you're
• 4:44
  coming back in front of me, OK? Correct.
• 4:48
  OK. All right, just go right out in
• 4:50
  the hall and the prosecutor will call you.
• 4:52
  Eric Durante Bergaya, Junior 26 F 262289.
• 4:56
  Mr. Bergaya, come on up here. Tell me your name please.
• 5:03
  Eric Bolu. OK, Counsel your appearance.
• 5:08
  Good morning Judge, good to see you. 2 days in a row.
• 5:10
  Patrick 9 Heist P76343-ON behalf of Mr. Pagoya, who's present in
• 5:15
  court. And I'm on Zoom, so thank you,
• 5:16
  Judge, for allowing me to be on Zoom.
• 5:18
  We're just adjourning this, right?
• 5:20
  Yes, Judge, what we wanted to address, I wanted to get a
• 5:23
  discovery order which the prosecutor said was filled out
• 5:27
  and I want you wanted us to come back so we could discuss
• 5:30
  modifying his bond to allow him to have non assault of contact,
• 5:35
  contact with the victim. I don't know.
• 5:36
  Their. Child to come.
• 5:47
  I wanted Miss Denoyer here. I was hoping somebody would get
• 5:51
  her here. Maybe I wasn't very good about
• 5:54
  making that. Can you come on in here, Mr.
• 5:56
  Kaylee, please? Thank you.
• 6:04
  So I've signed your discovery order.
• 6:06
  They will send that. They will e-mail that to you.
• 6:10
  You have an e-mail address you can give me real quick.
• 6:13
  Yeah, P as in patrickandmylastnamenyenhuis@gmail.com.
• 6:21
  Mr. Keeley, your name? Roger.
• 6:24
  Keeley. So I set this quick because this
• 6:27
  was a victim. They had minor children.
• 6:29
  I don't know if you ever had a chance or anybody over there had
• 6:32
  a chance to speak to the victim. I wanted to not require that he
• 6:36
  not be here for or not have not be able to see his kids, but I'd
• 6:41
  like some input from them from the mother.
• 6:45
  I've not heard from though. You don't have Denson or Germo
• 6:54
  there in the room with you, do you?
• 6:58
  No. No.
• 7:04
  How old are the kids? Three and one, sorry.
• 7:11
  Go ahead and you. Want to say something, Mr. 9?
• 7:13
  And I was, I'm concerned about this.
• 7:15
  I'd like to at least get some minute to it.
• 7:17
  I mean, I read the complaint, yeah.
• 7:19
  That doesn't look some pretty brief.
• 7:21
  Color, yeah. So here.
• 7:23
  He actually ended up he was the one with all the police stuff.
• 7:26
  Do you have any objection to me ordering that there's not to be
• 7:31
  any contact except to effectuate visitation?
• 7:36
  No problem. So I'm going to go ahead and
• 7:38
  allow that. Mister Nyenhaus, we don't have
• 7:41
  to get too crazy here. But I want to be clear.
• 7:46
  Would you please call the Police Department and tell them I added
• 7:49
  that condition so that they can convey it to the victim?
• 7:52
  Try to wait till tomorrow at least, if you would, please.
• 7:56
  Your conversations with her are going to be limited to talking
• 8:01
  about when and where you can pick up the kids.
• 8:05
  You understand? So it's also be the as well
• 8:08
  salted for abusive. Right.
• 8:10
  And and that's going to be added too, but I want to be clear
• 8:13
  about that. You, you, I don't want you
• 8:15
  talking about this case. You're not to talk about
• 8:18
  finances. You're not to talk about
• 8:20
  anything other than when you're going to pick up the kids or
• 8:24
  she's going to drop them off and when you're going to drop them
• 8:26
  off or she's going to pick them up.
• 8:28
  OK, I'll give you another court date.
• 8:31
  And, and I'm just asking that you wait until tomorrow to give
• 8:35
  her a call so that they can notify her.
• 8:37
  What do you have for me, Heather?
• 8:42
  We could do February 19th at 10:15.
• 8:45
  Good with you that. That should work for me.
• 8:48
  Thank you very much. February 19th at 10:15 will be
• 8:52
  your court date. So you go down the hall and get
• 8:54
  your court date and that's it. OK.
• 9:00
  You understand everything. All right, Good luck to you.
• 9:03
  Thank you. Thank you very much, Josh.
• 9:05
  People again. Good morning once again
• 9:07
  everybody, TCF live on a weird Monday.
• 9:11
  Happy to have you all here though.
• 9:12
  Welcome again. You choose to spend your
• 9:16
  mornings with me and that means a lot.
• 9:18
  And I want you all to know that. Especially in a world that's
• 9:20
  just really kind of odd these days, as we covered in the pre
• 9:24
  show. So again, not a whole ton of
• 9:28
  significance going on in Courtlandia at the moment.
• 9:31
  However, Judge Tony Flores in Lansing, MI has started his day.
• 9:35
  So let's peek in there, see what's going on.
• 9:37
  Well, good. Morning, Your Honor.
• 9:38
  Joseph. Being on behalf of Mr. Zimri
• 9:40
  Redmond, who is. President to my right.
• 9:42
  And, Sir, you are Zimrier author Alexander Redmond.
• 9:48
  All right, Thank you. Is that a yes, you got it right.
• 9:50
  The. Second time, OK, that's right.
• 10:00
  Make sure that we're on the right date second.
• 10:06
  One ninth day. 2026. Yeah, it's that 9 looks like a
• 10:14
  0. All right, all right.
• 10:18
  How are we proceeding, Miss Fortunigo?
• 10:20
  Your Honor, an offer has been extended to plea to an amended
• 10:24
  Count 1 of assault and battery with an agreement, a sentencing
• 10:28
  agreement to no upfront jail. The pack code for the A&B is
• 10:33
  750.81 and it's my understanding the defendant wishes to avail
• 10:39
  himself of that offer. It's also my understanding that
• 10:42
  this would be a no contest plea. And the Alas, Mr. Yang, it's a
• 10:48
  90 day and or. It's 93 days and or $500 fine.
• 10:52
  93 days and or $500 there's an agreement kill Bruno jail and
• 10:59
  and what is the purpose for the no contest plea Mr. Yang.
• 11:02
  Thank your honor the. Purpose of a no contest plea is
• 11:04
  due to civil liability. That's for the record.
• 11:13
  What Miss Fortuna Gill stated is correct as far as the offer and
• 11:16
  the. Sentence agreement all right so
• 11:17
  it's an amended count 1 no contest.
• 11:20
  The amended count 1 of assault and battery A&B yeah. 93 day
• 11:27
  under $500 is the agreement between the between the
• 11:31
  attorneys of no jail time and the reason for the no contest,
• 11:34
  the potential civil liability. And I have, I have the incident
• 11:39
  report that we'll be using for the factual basis for the no
• 11:42
  contest plea report. It's 2505437.
• 11:47
  Is that correct, Miss Fortunigal?
• 11:49
  Yes, your Honor. Mr. Yang Yes, your Honor.
• 11:53
  And that's that, that's your your understanding, Mr. Redmond,
• 11:57
  is that Yes, OK, Thank you. This is the time set for a jury
• 12:03
  trial. Today.
• 12:07
  I'm going to walk you through some rights you have in this
• 12:10
  misdemeanor case. All right, Sir.
• 12:12
  Got it. May I approach briefly?
• 12:13
  You may Thank you, Mr. Yang Sir, this this advice rights form
• 12:23
  indicates that you and you signed this, is that correct?
• 12:26
  You signed the bottom of this, OK, This goes through 12 year,
• 12:30
  right? 12 year rights concerning this.
• 12:32
  I will go through just the major ones.
• 12:34
  All right, you understand if you're no contest, please accept
• 12:38
  it. You'll you're going to give up
• 12:40
  the following rights that you've indicated on this page, on this
• 12:43
  two page advice of rights. You're going to giving up the
• 12:48
  right to be tried by a jury, that the right to be presumed
• 12:50
  innocent till proven guilty to right to have witnesses appear
• 12:53
  in your defense, to remain silent and to choose and you can
• 12:56
  choose to testify if you wish. You understand you're giving up
• 12:59
  those rights. OK, If you're no contest, please
• 13:03
  accept it. You'll give up the claim to plea
• 13:05
  results of any promises other than what we've stated on the
• 13:07
  record or threats. It was not your choice to plead
• 13:10
  guilty. You'd also be giving him the
• 13:11
  right to appeal anything from trial.
• 13:13
  Since you'll be having a trial today, you'll be pleading no
• 13:15
  contest to the to the misdemeanor charge.
• 13:19
  Is it your wish today to to waive your jury trial rights and
• 13:22
  plead guilty? The no contact to plead no
• 13:24
  contest to the misdemeanor charge.
• 13:26
  OK, thank you. I have you.
• 13:33
  I don't have to swear you in because I'm taking the no
• 13:35
  contest plea. So for potential for civil
• 13:38
  liability, I indicated that that the incident report is 2505437.
• 13:45
  Mr. Yang was nice enough to to highlight the various factions
• 13:52
  concerning the misdemeanor plea this all occurred on.
• 13:56
  It's my understanding that this occurred on October 9th, 2025 at
• 14:01
  South Merthyr Luther s s, Martin Luther King Blvd.
• 14:06
  West Barnes Ave. in the city of Lansing, Ingham County.
• 14:09
  So that's the stated date and time.
• 14:13
  And it would appear that at that time Larissa Ann Ralston School
• 14:20
  stated she was in the passenger seat Mr. Redmond was driving.
• 14:24
  She's identified the defendant. There was a verbal argument.
• 14:34
  And it appears that there was an offensive touching committed by
• 14:38
  Mr. Redmond concerning concerning this Ralston school.
• 14:44
  It looks like it happened in the parking lot of Frosty Corner.
• 14:48
  I mean in the City of Plain scene.
• 14:49
  And then there's various but it looks like an offensive touching
• 14:59
  happened on that day and that time Miss Larissa Ann Ralston
• 15:06
  School indicated that she was that she was she was dragged
• 15:14
  grabbed both of her legs and that Miss Miss Redmond
• 15:19
  offensively touched her anything towards the no contest on the
• 15:23
  factual basis Miss Fortuna guilt.
• 15:27
  No, Your honor, the people are satisfied.
• 15:28
  All right, Mr. Yang. Nothing from the defense all.
• 15:30
  Right. I find that I find the LPD
• 15:35
  report for the factual basis, the knowing voluntarily and
• 15:45
  accurately made, that's just that.
• 15:48
  That's for me the no contest plea and we'll refer to
• 15:59
  probation. There is an agreement between
• 16:02
  Mr. Yang and the people state of Michigan that you that you will
• 16:06
  not receive any jail time in this matter.
• 16:08
  If I was going to do something different from that, you'd have
• 16:11
  the opportunity to withdraw your plea.
• 16:12
  Do you understand that, Mister Redmond?
• 16:20
  All right, so you should go, you should go one probation's one
• 16:27
  floor down. All right, and we're going to
• 16:29
  refer to probation. They can do a report for me.
• 16:31
  So we'll see what what options are available to us.
• 16:34
  The probation department will either see you today or set up
• 16:39
  an appointment to see and then our sentencing will be
• 16:48
  sentencing date of. But we're doing some things at
• 16:57
  about what it's about 6 weeks. Yeah, because they're going to
• 17:03
  have to. Yeah.
• 17:04
  And for for drunk driving, the assessment might be longer, but
• 17:07
  six weeks I think is is what they're, is what probation's
• 17:12
  asking for March 20. Three at 1:30.
• 17:19
  March 23rd at 1:30. All right, so let's see what
• 17:27
  options are available to us on March 23rd at 1:30.
• 17:32
  Anything else? For the record, in Docket
• 17:35
  250308, Mr. Fortuna, guilt not. For the.
• 17:40
  People, Mr. Yang, nothing on the defense around, I think.
• 17:42
  All right, Mr. Redmond, we'll see you on that March 23rd date
• 17:46
  at 1:30. Thank you for your appearance
• 17:47
  today. Once again, good morning,
• 17:52
  everybody. Happy Monday to you.
• 17:54
  It is TCF Live. It's good to have you all here.
• 17:58
  I'm going to eat some breakfast. I got some scrambled eggs and
• 18:01
  some homemade kimchi that I made a big batch of this weekend.
• 18:05
  Let me know what you're having or have already had.
• 18:08
  Breakfast is good. Let's stay in Michigan.
• 18:13
  But Judge Elmore's opening up his day.
• 18:15
  Let's see what's going on there. And then see how you wish to
• 18:18
  respond on this requested warrant.
• 18:22
  It alleges 4 counts of violating the terms and conditions of your
• 18:27
  probation. Count 1 alleges that you violate
• 18:30
  a special condition 2.0, which requires that you must not use
• 18:35
  or possess alcohol or other intoxicants.
• 18:40
  And more specifically, it's alleged that on or about
• 18:44
  February 3rd of this year you used and or possessed alcohol.
• 18:51
  Count 2-3 and four each alleged a violation of Rule one.
• 18:58
  Rule one of your probationary terms requires that you are not
• 19:01
  to violate any criminal law of any unit of government.
• 19:06
  For Count 2, it alleges that on or about February 3rd of 2026
• 19:11
  you operated a vehicle while intoxicated and or impaired.
• 19:16
  Count 3 alleges that on or about February 3rd, 2026 he operated a
• 19:22
  vehicle without insurance and Count 4 elections that on or
• 19:27
  about February 3rd of 2026 he possessed open and toxicants in
• 19:33
  a vehicle. You have the right to challenge
• 19:36
  those 4 allegations at a contested hearing.
• 19:39
  That hearing would occur within 14 days from today's date.
• 19:42
  At that hearing, you'd have the right to be represented by an
• 19:46
  attorney as well as at all subsequent proceedings.
• 19:50
  You'd have the right to have the prosecutor prove the allegations
• 19:52
  by a preponderance of the evidence.
• 19:55
  You also would have the right to review the evidence against you,
• 19:59
  question or cross examine any witnesses presented against you,
• 20:03
  as well as the right to present witnesses, evidence or testimony
• 20:06
  if you chose, and also the right to remain.
• 20:08
  Silent and the right to not have that.
• 20:10
  Silence used against you. If you cannot afford an
• 20:14
  attorney, the court will have a public defender appointed to
• 20:17
  assist you. If you're found to be in
• 20:20
  violation of your probation, you'll be re sentenced on your
• 20:24
  original offenses. In this case, you were
• 20:27
  originally convicted of aggravated assault.
• 20:30
  That is a misdemeanor. Moment.
• 20:39
  Misdemeanor punishable by up to one year and or up to $1000.
• 20:44
  You were also convicted of attempting to resist, assault or
• 20:49
  obstruct a police officer. That would be a misdemeanor
• 20:56
  punishable by up to one year and or up to $2000.
• 21:01
  And you are also convicted of malicious destruction of
• 21:05
  personal property in a value of less than $200, which itself is
• 21:10
  a misdemeanor possible by up to 93 days and or up to $500 or
• 21:16
  three times the amount for value of the property that was damaged
• 21:20
  or destroyed. Because there are three non
• 21:26
  technicals allegations, the court is not limited to a
• 21:30
  sliding scale. Or what are called.
• 21:34
  Technical probation violations. The court is limited to a
• 21:37
  sliding scale of five days, 10 days, and 15 days for your
• 21:40
  first, second or third. However, because you are charged
• 21:44
  with three non technicals, if you were found guilty of one or
• 21:49
  more of those three, the court again would no longer be limited
• 21:53
  by the amount. Allowed.
• 21:55
  I'm sorry, would not be limited by the sliding scale, but would
• 21:58
  only be limited by the amount allowed.
• 22:00
  Under the law. For the three offenses now,
• 22:03
  based upon these allegations, I suspect you have been charged
• 22:07
  criminally in another courtroom. Mr. Van Atwell, you know if
• 22:10
  there have been any new charges filed based upon these alleged
• 22:13
  acts. He was arrested on the 3rd.
• 22:17
  But. Released on APR.
• 22:18
  Bonds because he had to get evaluated medically and he has
• 22:22
  court. And. 219 OK, All right.
• 22:30
  So he's. He's.
• 22:31
  Charged but. He's not Bond, all right.
• 22:35
  So Mr. Rochelew. That means that if you request
• 22:40
  an attorney, I'll of course have one appointed and I'll enter a
• 22:44
  not guilty plea. If I enter the not guilty plea
• 22:48
  or you enter the plea of not guilty, either way, we'll set it
• 22:52
  for an informal period. That hearing could take place
• 22:56
  later this week. However, I will tell you that I
• 22:59
  have a trial that's going to probably.
• 23:01
  Take. The full next.
• 23:03
  Three days. So there's a good chance we
• 23:05
  wouldn't get to it until next week.
• 23:08
  Had an informal hearing. The attorneys and you and Mr.
• 23:12
  Van Atmo will appear in front of the court and tell me what's
• 23:15
  going to happen. Are we going to have a contested
• 23:18
  hearing? Is there going to be a plea or
• 23:20
  resolution or is it? Are the allegations.
• 23:23
  Going to be dismissed. I.
• 23:24
  Won't know that until we get to the informal hearing.
• 23:28
  Now, if there is no resolution at that in formal hearing, we
• 23:33
  will have it set for a contested hearing, which is again in the
• 23:37
  courtroom where there would be witnesses.
• 23:40
  Generally those take about 30 minutes to go through.
• 23:44
  Also, you want to keep in mind that anything you say today or
• 23:47
  in the processing of this case could be used against you in
• 23:51
  Benzie County. So you want to be very careful
• 23:54
  about not making any statements today that would be inculpatory
• 23:59
  or could be used against you now so far, do you have any
• 24:03
  questions about what I've advised no your.
• 24:07
  Honor. And do you wish to have the
• 24:11
  court appointed attorney to assist you?
• 24:15
  Yes. The court therefore enters a not
• 24:18
  guilty plea on behalf. Of the defendant.
• 24:21
  And will refer the matter to the West from Masaki Public Defender
• 24:25
  Program for the appointment of an attorney.
• 24:29
  Now the next question begins is it becomes what does the court
• 24:33
  do with the defendant in the meantime?
• 24:37
  Mr. Allshu, I've been told that you had some kind of medical
• 24:39
  appointment or something. Have you had her?
• 24:42
  You needed one. Did you have that already?
• 24:45
  Yes, right. And is there are there any other
• 24:55
  appointments set in the next week?
• 24:59
  No, you're on it. All right.
• 25:06
  Your position, Mr. Van Atwell, I don't know if he's had any other
• 25:10
  probation, but I don't see any tabs here but in the file.
• 25:13
  But have there been any other probation violations?
• 25:16
  There's one prior. PB acknowledgement for failure
• 25:18
  to pay fines and costs He he did turn himself in to the probation
• 25:22
  department on the 6th OK last week Friday expecting.
• 25:26
  To go to. Jail so.
• 25:28
  Just based on that, I would not be opposed to some bond.
• 25:37
  Mr. Rochelew, what is your bond? Out.
• 25:39
  Of. Benzene County.
• 25:43
  I'm not sure. They just gave me a ticket and
• 25:45
  then gave my belongings and then I was and that was when I was in
• 25:51
  Munson Hospital. So I don't know.
• 25:55
  You told me there was APR Bond. Yes.
• 25:57
  I'm sorry, Mr. Bennett. Won already told me that.
• 25:59
  Thank you. Did they have you do Did they
• 26:04
  have you sign up for breath tests or anything else like
• 26:07
  that? No, Your Honor.
• 26:13
  You still residing that this address on 39 Road up in Manton.
• 26:18
  Yes, your Honor. Are you working?
• 26:24
  Not anymore. And with whom do you reside at
• 26:29
  that address? My sister.
• 26:40
  Do you have any prior drinking and driving convictions?
• 26:44
  In other words, it tells. Me if it's all.
• 26:46
  Right. And so up and grant up and
• 26:49
  Benzie, are you charged with a drinking and driving first,
• 26:52
  second or third? 2nd.
• 26:59
  So does that mean you only have one fire Drinking and driving?
• 27:07
  Yes. All right.
• 27:10
  As far as my motor, he has one prior which occurred prior to
• 27:13
  his placement on permission in this case, but it was resolved
• 27:17
  while he was on. Permission in this case.
• 27:19
  OK, that just tells me, Mr. Rocheleau, that you aren't
• 27:21
  facing a felony. That's why I was asking that
• 27:23
  question. OK, What were his guidelines
• 27:27
  here? Mr. Van Atmore, there's no sense
• 27:29
  in. Guidelines.
• 27:30
  Here. Oh, it's right.
• 27:31
  It was it was a misdemeanor. Thank you.
• 27:42
  All. Right.
• 27:48
  The court will set a bond in this file at $500.
• 27:55
  The court will add the terms and conditions that he is not to use
• 28:00
  or possess any alcohol or controlled substances.
• 28:04
  Then he'll be subject to random testing through the Community
• 28:08
  corrections office. Also, he must enroll.
• 28:15
  Well, we're going to get this generally done within a couple
• 28:17
  weeks. EOP program probably wouldn't
• 28:20
  even be advisable because you wouldn't get it into it before
• 28:23
  this was resolved. So all right, I'm not going to
• 28:27
  add any other term or condition. He's not to consume or possess
• 28:30
  alcohol or other toxins to be subject to random testing
• 28:34
  through community corrections. All right, anything else, Mr.
• 28:37
  Van Atma? All right.
• 28:39
  Mr. Ross. Lou, make sure I'm sorry is your
• 28:43
  telephone number serves still the one at that ends in 6355.
• 28:48
  Yes, your Honor. Thank you.
• 28:51
  All right. We are here.
• 28:55
  Okie dokie friends, let's got some courts starting to come
• 28:59
  online. Finally, let's stay in Michigan
• 29:03
  but go to Judge Mom. Say good morning to her.
• 29:10
  Or will Amanda, look, we're having as an amendment
• 29:28
  that's $175, Is your client paying that today?
• 29:32
  Could I ask for 24 hours, Your honor?
• 29:34
  She's prepared to pay, but just so everything gets in the system
• 29:36
  properly. Your Honor, that would be a plea
• 29:43
  of responsible to impeding traffic.
• 29:46
  Yes. Thank you.
• 29:47
  And then the. Original charge of being
• 29:48
  dismissed. We'll have her pay within 24
• 29:51
  hours. OK, all right, Thank you.
• 29:52
  Have a good day. OK, All right, we are on the
• 30:00
  record in the matter of the city of River Viewers Daniel
• 30:02
  California 251586A and. The good morning.
• 30:10
  I'm going to have my clients against my meeting right
• 30:12
  circumstance. Your name, the record, please,
• 30:14
  Dan. Caliphore.
• 30:15
  OK. So today is the date scheduled
• 30:19
  for the adjourned pretrial. Yes, you are this.
• 30:27
  Is nothing to do with the neighbor.
• 30:29
  This is specifically relatively associated with the plague
• 30:31
  issue. There's bricks, beefy or
• 30:33
  movements. They violate Horseman code.
• 30:36
  That being said, with the wet of those.
• 30:38
  Bricks are frozen. My client is unable to move them
• 30:42
  in the circumstance or in respect to requesting said
• 30:44
  racial weapon breaks so that he can be in position to be brick.
• 30:48
  They're revival. They're frozen, yes.
• 30:53
  You're on. Can I explain?
• 30:54
  You can't lay bricks when it's froze.
• 30:56
  But it's this coal the the mortar it just you.
• 31:01
  Can't. So you can't lay them or you
• 31:02
  can't move them. There's a certain.
• 31:06
  There's bricks that have to be replaced, so the border has to
• 31:12
  have a decent temperature to work with.
• 31:14
  No, I'm aware of that. But so that's what I'm trying to
• 31:16
  get clarification on because I under from what I understood,
• 31:20
  part of your house is missing bricks and you need to put them
• 31:23
  on. You have to put the bricks on.
• 31:25
  So my confusion is when it says that bricks are frozen and they
• 31:30
  can't be moved. It was a misstate, but I think
• 31:35
  you can't work with mortar when it's this cold, so the bricks
• 31:39
  that need to be relining can be done with this temperature.
• 31:49
  Well that's also interesting because I know plenty of brick
• 31:52
  layers who are still out laying brick in the temperature.
• 31:56
  Yes, yes, your Honor, there are. I have to do it myself.
• 32:01
  I. Hired a guy to do this work.
• 32:04
  So if you have to do it yourself, Sir, there's been days
• 32:06
  where it's been acceptable for the mortar, acceptable
• 32:11
  temperature for it to be done. So my question is, why wasn't it
• 32:18
  done? During that time.
• 32:21
  Where possibly I it's the project.
• 32:25
  'S been a nightmare. I I got I got robbed a $3000
• 32:30
  hiring 2 contractors did a terrible job.
• 32:35
  OK, well here's the thing. So now it's already been
• 32:37
  adjourned 30 days. We've already adjourned it once,
• 32:40
  30 days, and now there's a request to adjourn another 45
• 32:43
  days. So that the weather will be a
• 32:45
  decent temperature and it still might not be a decent
• 32:48
  temperature even in March. Last year was below freezing
• 32:53
  most of the month of March. Well, Sir, what is your plan
• 32:58
  then? Because I'm not going another 45
• 33:00
  days. That's way too long to go after.
• 33:03
  So then that's going to be sometime in March on this matter
• 33:07
  that's been pending since November.
• 33:10
  It was when the original notice was mailed out and you were here
• 33:16
  January 12th. Which, by the way, that was a
• 33:19
  complaint by the neighbor. Also I'm.
• 33:23
  I'm not worried about what the complaint was made.
• 33:25
  Who made the complaint? At the end of the day, you don't
• 33:27
  have the bricks on your home that you're supposed to have on
• 33:30
  your home. Sorry to cut you off, Mr. Trump.
• 33:34
  Correct. OK, let's see.
• 33:47
  Here. Your Honor, I have.
• 33:51
  Insulated. Put a layer of of a wall board
• 33:57
  over the insulation and then I put a tie back and so now the
• 34:07
  layer of bricks needs to be done and there's probably only about
• 34:09
  100 bricks. That need to be done.
• 34:11
  Basically about two foot or three foot up to the to the
• 34:17
  ridgeline. Of the roof.
• 34:21
  And So what are you indicating is the ideal temperature, Mr.
• 34:25
  Calipari, to do that? I just like above freezing for
• 34:28
  more than 24 hours, 24 hours. But again, it's, it's a, it's a
• 34:34
  whole project. It's not.
• 34:36
  You know you may only. Lay one or two courses in in a
• 34:38
  day. I'm not a brick layer, so it's
• 34:42
  a. There's just only so much that I
• 34:45
  can do. Well, great, over the next over
• 34:48
  the next week it's going to get up over 3430830643 40° so you
• 34:58
  can do it then next week. So I'll give you a 21 day
• 35:02
  appointment. It's not a one.
• 35:05
  One week project. It really isn't.
• 35:07
  Well, Sir, this seems to be something that's been pending
• 35:09
  for a while, even before you're issued the citation, and it's
• 35:14
  not done. So I'm going to adjourn it for
• 35:17
  21 days and see where you're at. Bless you.
• 35:25
  What? I have to do is do a second
• 35:30
  project instead of a brick project.
• 35:34
  What do you mean? In other words, not not do
• 35:38
  bricks, do siding and a few 111 signing kind of thing.
• 35:45
  OK, if that's what you choose to do, but the issue has to be
• 35:48
  resolved whichever way you choose to resolve it.
• 35:51
  That's the only way it gets it done that.
• 35:57
  Well, Sir, if you're able to do it right and you want it to be
• 36:02
  above freezing, that's going to happen over the next week or so.
• 36:08
  So you can certainly still do bricks over the next week or so.
• 36:17
  I may not look like I know what I'm talking about when it comes
• 36:19
  to masonry, but, and I know that there are many people that are
• 36:26
  doing outside brick and mortar work, stone work, all of it
• 36:32
  black work and they're still laying it.
• 36:34
  I believe that you can even get mortar for weather weather
• 36:40
  specific levels. We'll adjourn this to March 2nd,
• 37:04
  9:15 AM. I would like to be on.
• 37:09
  Record to say that this is a complaint brought after you told
• 37:15
  my neighbor to leave me alone on October 27th.
• 37:21
  You told the neighbor to leave me alone and my family since.
• 37:25
  Then. He's gone in front of the
• 37:27
  council and complained about you and me and written letters on
• 37:33
  the Internet. OK, that's fine.
• 37:37
  Record made. The court will also note that
• 37:40
  you also were not leaving Mr. Moss alone either, whether he
• 37:45
  was recording you or not. You left your home, walked over
• 37:48
  to the video I saw. I saw that.
• 37:51
  I saw that as well. So I had ordered no contact is
• 37:56
  what I had ordered. And so, and I've also, it
• 38:02
  appears as though Mr. Moss has been complying with the court's
• 38:06
  latest order. Where he is not to be
• 38:12
  interfering with any work or otherwise that you are doing in
• 38:20
  the back of your home. And so whether it's Mr. Moss,
• 38:23
  whether it's another neighbor, I don't know.
• 38:27
  But at the end of the day, Sir, you've been issued this citation
• 38:30
  because your home is not finished appropriately.
• 38:38
  So let me just see, here's something.
• 39:11
  OK. So Sir, just to confirm, I
• 39:13
  wanted to confirm what I thought was correct, right, is that you
• 39:17
  can lay bricks and temperatures below 30°, but there are certain
• 39:23
  cold weather procedures. So make sure you're following
• 39:26
  those procedures and you can get it done.
• 39:27
  It should have already been done.
• 39:33
  Carter, it's been. 7° all month. No, it hasn't been 7° all month.
• 39:39
  There has been days where it's been cold, Sir.
• 39:41
  Right. Frigid cold below 0, whatever,
• 39:43
  whatever it may be, it's not been the entire month.
• 39:46
  Did you have anything ready and prepared to to lay the brick
• 39:53
  with cold weather procedures? Because when you were here in
• 39:56
  January 12th, there is an adjournment of 30 days.
• 40:01
  Did any of you look at the weather prediction?
• 40:04
  When you indicated 30 days it would be done yes or no at.
• 40:09
  That time the weather was pretty good.
• 40:11
  Yes or no? Did anybody look at the weather
• 40:15
  projection? OK.
• 40:16
  Well, you indicated it would be done in 30 days, So now I'm
• 40:18
  giving you three more weeks for it to be done.
• 40:20
  Thank you. You're welcome.
• 40:28
  Thank you. So true.
• 40:31
  Two things can be true at once here.
• 40:35
  First, he's got a lot of excuses and if he agreed to 30 days, he
• 40:40
  agreed to 30 days. However, what he's saying about
• 40:45
  cold weather and mortar is not wrong.
• 40:48
  They have additives and stuff you can put in mortar to help a
• 40:51
  quote UN quote cure in in cold weather, but it affects the
• 40:55
  longevity of it. So if he does this work, it's
• 41:02
  not going to be good lasting work in the cold weather.
• 41:06
  So I don't know what the solution here is, but two things
• 41:10
  obviously true at once. Let's since Judge Santo just cut
• 41:16
  her feed, let's not go back to her.
• 41:20
  Let's go to Wade Mercer. Good morning, Mr. Pacheco.
• 41:25
  Robles, Mr. Ricardo, if you please introduce yourself to him
• 41:27
  first. Make sure he can see and hear
• 41:28
  you. Yes, Your Honor, Diaz, Senor
• 41:32
  Pacheco Robles MI nombres giordani Ricardo so interprete
• 41:35
  para ques E pueda comunicado con El huez usted me escucha in my
• 41:39
  way. OK.
• 41:42
  OK, So you're here because you've been charged with one
• 41:46
  count of driving with no valid driver's license.
• 41:49
  I'm going to appoint the public. Defenders office to represent
• 41:57
  you this morning. Le boya Cigna la vicina de la
• 42:00
  bogado de officio para que lo represente esta manana.
• 42:04
  I have read the complaint and there is probable cause.
• 42:07
  El aido la de nuncia EI causa probably.
• 42:12
  Mr. McDaniel, were you able to communicate any with Mr.
• 42:14
  Pacheco? Rebels.
• 42:17
  Is senior McDaniel sepudo comunicar con El Senor Pacheco
• 42:20
  Robles See. So I'm going to ask you to
• 42:23
  listen to your attorney, Mr. McDaniel.
• 42:25
  Senor le wayabadir que escuchia suavogado El senor McDaniel I
• 42:30
  spoke to. Mr. Pacheco, he's going to have
• 42:32
  no contest. The charges listed, you
• 42:34
  understanding He'll be sentenced to 10 days in the county jail.
• 42:36
  He'll have a $400.00 purge one day.
• 42:39
  Jail credits. You senoria of le con El senor
• 42:42
  Pacheco Robles El seba de Clara nomeo pongo de Los car and de
• 42:46
  Los cargos EN10 diendo que sele bacon dinara Dias Dias en la
• 42:51
  carcel tendrona purga de cuatro cientos dolares Y tendera
• 42:55
  credito Burundi and la carcel. Signed a plea wave reform,
• 42:59
  waving his right to jury trial and call witnesses.
• 43:02
  Understands that we can result in immigration breaking by the
• 43:06
  country. ELA renunciado SU de retro en
• 43:10
  cuisio conuncurado ye marat esti El en tiende que estia cuerdo
• 43:15
  puede significa arque en migration Los ACA del Pais.
• 43:20
  Mr. McDaniels, he understand that he he can't be released
• 43:23
  until noon today if he makes that purge.
• 43:26
  If you were just. E senor McDaniel oustel en
• 43:30
  tiende que El en tiende que El Nova que de libre en que pague
• 43:35
  la purga esta de pues El medio de.
• 43:40
  After communicating with both of them, I don't know if they're
• 43:42
  going to be able to pay a purge or if they do it'll be after 12.
• 43:50
  No matter what, Mr. Pacheco Rebels.
• 43:59
  The jail information does not have a Social Security number
• 44:01
  for you. Senor Pacheco Robles El la
• 44:05
  formacion de la carcel, not the en en numero de segura social
• 44:08
  paros 10. So when that happens, we hold
• 44:11
  the individuals until noon to see if immigration does place a
• 44:14
  detainer on you. Cuando ESO pasa montene MO salos
• 44:18
  individuals de tenidos estal medio dia para verci en
• 44:21
  migracion le down our then the retention.
• 44:24
  I have no idea if they will or not, but as of noon today,
• 44:27
  central time, you can make that purge if you want to and be
• 44:30
  released. No CC Lauren Ono pero despues El
• 44:34
  medio dia de oi de Ora del Centro puede pagar ESA purga Y
• 44:38
  que dar en libertad. Mr. Mitchell, is that agreeable
• 44:41
  with the state? It's all agreeable with the
• 44:43
  state, Your Honor. Senior Mitchell esta de Ecuador
• 44:48
  estado A completamente de Ecuador SU senoria before.
• 44:56
  I'm sorry, are you, is that what he said before?
• 44:58
  Are you? Is that what he said?
• 45:00
  Yes, your Honor, the interpreter.
• 45:04
  Yeah. Mr. Pacheco Robles, do you have
• 45:06
  any questions about that agreement?
• 45:07
  Let's do it this way. Senor Pacheco Robles tiene
• 45:10
  alguna pregunta cerca de esta cuerdo.
• 45:28
  Yes. Yes, I do have a way of paying,
• 45:31
  it would it just wasn't very clear to me whether or not I
• 45:34
  could go ahead and pay already or if I would be released or
• 45:37
  not. You will not be released until
• 45:42
  noon today, even if you pay before then.
• 45:45
  Nova que dar libre astal medio dia deo Y UN que pagiantes.
• 45:51
  If you have make the payment at noon and there's no immigration
• 45:55
  hold, you'll be released immediately.
• 45:57
  CI par El Mario dia jayecho El pago enoleanda duna ordende
• 46:01
  retencion de migration in Maria de mentes El de hariya salir.
• 46:06
  What you may want to do is wait until noon to make that payment.
• 46:10
  Locate quesa quiera Ceres espera Ras El medio dia para cerel
• 46:14
  pago. Because if you, if you haven't,
• 46:18
  if you, if the immigration places a hold on you, I'm going
• 46:21
  to see you tomorrow anyway. So.
• 46:30
  If they haven't made the if they don't place a detain on you by
• 46:32
  noon, feel free to post the purge and you'll be released.
• 46:39
  If they. Do place a detainer on you.
• 46:45
  It's very possible the offer may be changed tomorrow to time
• 46:48
  served instead of 10 days. Siciliano Norden de retencio
• 46:52
  name we possibly que manana le cambien El cuerdo que Leo fresen
• 46:55
  at diempo ya compleido embez edias Dias.
• 46:59
  Any questions? Alguna Pregunta.
• 47:06
  In any case, I would have to pay.
• 47:10
  If it's changed the time served tomorrow, you would not have to
• 47:13
  pay. It would be a civil judgment.
• 47:14
  See manana SE cambia tiempo ya compleido N Andrea que bagar
• 47:18
  Serie en fayo civil any. Other.
• 47:23
  Questions. OK.
• 47:25
  Are there any other charges pending against me?
• 47:28
  Not that I'm aware of. OK.
• 47:30
  Jose Pano. OK, OK.
• 47:40
  So I have to wait until afternoon to make the payment.
• 47:44
  No, that is about 3 hours and 15 minutes from now.
• 47:49
  El medio dia como tresora si quince minutos de de aura.
• 47:55
  Knowing all of that, is this the play you would like to enter?
• 47:58
  Sabiendo todo ESO ES este la cuerdo que de southeast a septar
• 48:06
  yes. Mr. Pacheco Robles, I'm going to
• 48:11
  accept your plea of no contest to the charge of no valid
• 48:14
  driver's license. Senior Pacheco Robles acceptos
• 48:17
  de Claracion de nomeo Pongo and El Cargo de no de Nerlisencia de
• 48:20
  Conducira. I'm going to send the shooting
• 48:23
  10 days in jail with a $400.00 purge.
• 48:26
  La boya condenera Dias Dias en la carrecel con una purga de
• 48:30
  cuatro cientos dolares. You can make that purge as of
• 48:34
  noon today. Puede pagares apura a partir del
• 48:38
  merio de. If immigration does place the
• 48:42
  detainer on you, I will see you again in the morning and we'll
• 48:45
  re evaluate it. See in Migration LED an
• 48:47
  ordendencion lobole Vera Vera en la manana E revolver emo sesto.
• 48:53
  But if they haven't placed the detainer on you by noon and you
• 48:56
  make that purge, you'll be released immediately.
• 48:58
  Pero si no le en puesto larden de retention para El medio dia
• 49:02
  usede pagala purga in Mariata Mente.
• 49:04
  Do you have any? Questions.
• 49:08
  Pregunta, that's all. Thank you so much.
• 49:14
  Judge, have a good day, Sir. You're welcome.
• 49:20
  We have Alvaro de Leon, Orozco and Sir, good morning, you're
• 49:32
  here for charge of driving with no valid driver's.
• 49:36
  License Buenos. I have read the complain it does
• 49:42
  contain probable cause. I'm appointing the public
• 49:46
  center. 'S office to represent you and
• 49:51
  asking that you listen to your attorneys.
• 49:53
  Lestoya signando la bogado the official paraquelo represente E
• 49:57
  le pido que escuche escua El senoro McDaniel.
• 50:01
  OK, OK. You don't have no contest charge
• 50:08
  listed. You understand every since 10
• 50:10
  days in the county jail, we have three days jail credit.
• 50:13
  You can't be released from jail by paying the sum of $400.00 at
• 50:15
  the Clerk of Court. Azure senoria novamosa de Clara
• 50:19
  nomio bongo El entiende que SE leva condenara DSDS and la
• 50:23
  carcel. Get the Ana credito for DSDS IGA
• 50:26
  puede paquedar libre pagando la cantidad de cuatro cientos
• 50:30
  dolares en la ficina de la secretaria jodicial.
• 50:34
  Slaved his right to a jury trial and call witnesses and.
• 50:41
  Understands that any plea can result in deportation.
• 50:52
  Mr. Mitchell's had to gripple with the state.
• 50:54
  It is your honor. Senior major Estadia cuerdo
• 50:57
  estado Los tasos senoria. Mr. De Leon Rosco, did you hear
• 51:02
  that agreement? Senior De Leon Rosco Escuerdo,
• 51:07
  Yes. Do you have any questions about
• 51:10
  that agreement? Yes, I have a question.
• 51:31
  I'm going to pay the money here, but regrettably I don't have it
• 51:34
  with me. So a family member would have to
• 51:37
  come and pay on my behalf. You'll get used the phone.
• 51:43
  What is your question? Levana permit deros arel
• 51:46
  telefono que pregunta DNA. So my question is, I do have
• 52:07
  some money put away at home. The thing is, I live in
• 52:11
  Montgomery, AL. Can one of my family members
• 52:15
  come and pay that here? At the Clerk of Courts office in
• 52:19
  Jackson County, yes. In la ficina de la secreta
• 52:23
  riajudicial en El condado Jackson, see.
• 52:27
  But. Did you hear what I explained to
• 52:28
  the last gentleman about you being held until noon?
• 52:31
  Feros cujo de lo que El senora anterior en cuanto aques element
• 52:35
  Andrea de denido estal medio dia yes.
• 52:40
  The same thing applies to your case also.
• 52:43
  En SU caso le aplica lo mismo do.
• 52:46
  You have any other questions? That that was it.
• 52:53
  Is that the plea you would like to enter, Sir?
• 52:57
  ES de la cuerdo que de southeast a septar senor.
• 53:01
  Say. Yes.
• 53:03
  Want to accept your plea of no contest?
• 53:05
  The charge of driving with no valid driver's license.
• 53:08
  Accept to SU de claracion de nomio bongo and del cargo de
• 53:11
  manicars in Licencia de Conducir.
• 53:14
  We hold adjudication of Guild and sentence you to 10 days in
• 53:16
  jail with three days credit. Lo condeno adias Dias en la
• 53:20
  carcel ILED queridito porteres Diaz.
• 53:25
  However, you can purse that sentence and be released
• 53:27
  immediately by paying court costs and fines totaling $400.
• 53:31
  Cine embargo puede pudo gares a sentencia I quedare libertadi
• 53:35
  mediatamente pagando multa si Costas de cuadro sientos
• 53:38
  dolares. And you can do that anytime
• 53:40
  afternoon today as long as they're open.
• 53:43
  EI puede pagarin cualquier momento des pues El medio diao
• 53:46
  ECM pre cuando estena viertos. Mr. McDaniel, is Mr. Pacheco
• 53:51
  still in the room also? Is senior McDaniel, senior
• 53:55
  Pacheco Dambie, Estan El Cuerto into the VIA.
• 53:59
  No. Telephone.
• 54:02
  He's on the telephone. Just to understand, Sir, that
• 54:06
  the purge has to be made at the Clerk of Courts office, not at
• 54:09
  the jail. Understand that.
• 54:10
  Solo and tienda senor que la purga sepaga en la fecina de la
• 54:14
  secretaria judicial no sepaga in la carcel and tienda ESO and it.
• 54:18
  Can be and it can be made in person or over the phone with
• 54:22
  the Clerk of Courts office. Y la pueden pagar en persona O
• 54:26
  tambien pueden pagar port telefono con la fecina de la
• 54:29
  secretaria judicial. So you may want to wait until
• 54:33
  noon to see what immigration does and then make the decision
• 54:36
  about posting the purge. And toge quisa quieres pereiras
• 54:39
  de El medio dia para ver que acid migracion Y des pues de CD
• 54:43
  sobre la Pala burga. If immigration does place a hold
• 54:47
  on you, I will see you in. The morning.
• 54:54
  Do you have? Any questions so it can be paid
• 55:02
  online then? It can be paid?
• 55:06
  No, it can be paid in person or by telephone.
• 55:09
  No say puede bagar OEM persona O port telefono.
• 55:15
  Oh, OK, OK, OK, OK. Have a good day.
• 55:26
  Thank you, Mr. Ricardo. Thank you, Your honor.
• 55:29
  We've got a couple people that have friends or family here, so
• 55:31
  let me take those cases next. The 1st is Kaden Rebels.
• 55:41
  Mr. Rebels, good morning. Your father's in the courtroom.
• 55:43
  Mr. Rebels, you're here because you've been accused of five
• 55:45
  charges. You've been accused of one kind
• 55:47
  of possession of altered firearm, one kind of concealing
• 55:50
  A firearm under the age of 21, possession of firearm during the
• 55:53
  Commission of a felony, possession of marijuana over 20
• 55:56
  grams and aggravated assault with a firearm.
• 55:58
  There is probable cause for three of those charges for sure.
• 56:02
  The possession of marijuana over 21 / 20 grams and the possession
• 56:08
  of fireman, the Commission of a felony, I'm not sure there's
• 56:10
  probable cause on because the officer didn't identify the type
• 56:13
  of test he chose to use in this case, which is a problem.
• 56:19
  Mr. McDaniel, are you wanting to waive that for first appearance
• 56:21
  purposes so I can go ahead and set Mr. Rebels a bond?
• 56:25
  Yes, Your Honor. Mr. Mitchell, I'm going to ask
• 56:28
  you to notify the the deputy again.
• 56:31
  This has been the law now for about 5 years and we should
• 56:34
  shouldn't be seeing these anymore.
• 56:36
  But he's got that, he's got that distinguish that, that he's got
• 56:38
  to put in the complaint that the the test he uses distinguishes
• 56:41
  from him, which is legal and marijuana, which is not legal.
• 56:45
  And the officer doesn't do that in this case.
• 56:46
  Yes. Sir, Mr. Revels, the criminal
• 56:49
  history I've got shows no prior criminal history.
• 56:51
  Is that accurate? Yes, Sir, all.
• 56:54
  Right, perfect. And how old are you?
• 56:56
  19. OK.
• 56:58
  And you live with family? You live by yourself.
• 57:00
  What's your living situation? I live with family and you work
• 57:05
  at TT4 Pole Barns, is that right?
• 57:09
  Yes, Sir. Where's that out of?
• 57:11
  Bristol. OK.
• 57:14
  Let me see if the attorneys have any additional information
• 57:16
  before I address your bond. Mr. McDaniel.
• 57:17
  Anything. Nothing.
• 57:19
  Yeah, Mr. Mitchell. We just request that that he not
• 57:25
  have any, that he not possess A firearm.
• 57:27
  And if you want to go ahead and set a bond on the marijuana
• 57:32
  charge, you could treat it as a misdemeanor bond and we would
• 57:36
  request random UA's. Thank you.
• 57:42
  Mr. McDaniel, what's your position on not possessing a
• 57:45
  firearm? I don't think so.
• 57:53
  We're fine with that. One of the cases going forward.
• 57:55
  So Mr. Rebels, considering your criminal history or your lack of
• 57:58
  criminal history, I'm going to set you the following bonds.
• 58:00
  The possession of altered problems, the first degree
• 58:01
  misdemeanor, as is the concealing of firearm under the
• 58:05
  age of 21. Those bonds will be $2500.
• 58:08
  The possession of firearm during the Commission of a felony is
• 58:10
  actually a second degree felony, but given no criminal history,
• 58:14
  I'm going to treat it as a third degree for bond purposes.
• 58:16
  So that bond will be $5000. The remaining 2 chart well
• 58:20
  actually know that the possession marijuana over 20
• 58:22
  grams will be a $2500 bond. Mr. Mr. Mitchell's agreeing to
• 58:25
  treat it as a misdemeanor for bond purposes and I guess saw
• 58:32
  with the firearms a third degree felony, that'll be a $5000 bond.
• 58:35
  Mr. Rebels, when you add those together, your total bond is.
• 58:38
  Like 17 five is what I got. 17/5, $17,500 Is your total bond
• 58:43
  cash or surety? Mr. McDaniel?
• 58:44
  He's not requesting a a cash bond, is that correct?
• 58:46
  I'm not talking about, I don't know if the family has the money
• 58:49
  or not. His father, I don't know if he
• 58:52
  can ask you, Sir. Sir, while he's talking to your
• 58:56
  son. Do you understand how a bond
• 58:58
  works? OK, so so his bond is $17,500.
• 59:03
  Two ways he can do that. One is if you are the family is
• 59:06
  able to put up all $17,500 he gets, he gets out and when he
• 59:10
  completes all his mandatory court appearances, the money is
• 59:12
  returned to whoever posted the bond unless there are court
• 59:16
  costs and fines imposed. Under Florida law, if there's
• 59:18
  court costs and fines imposed, then that money has to be taken
• 59:22
  out of the bond. The other option for a bond is
• 59:25
  he goes to a bondsman or you go to a bondsman for him and the
• 59:28
  bondsman agrees to accept a percentage of the bond and they
• 59:30
  vouch for his appearance and that percentage is usually
• 59:32
  around 10%. With his history, that may take
• 59:35
  5% upfront. That's something you negotiate
• 59:37
  with them, but that would be $17150.
• 59:41
  Here's the trade off. You don't get that back.
• 59:44
  That is their fee. You would be.
• 59:45
  Spending $17150.00. So what I may do sometimes with
• 59:49
  someone with no prior history like himself is offer them a
• 59:53
  $17150 cash bond. Here's the here's why that's
• 59:58
  important. If you get, if you choose a
• 1:00:00
  $17150 cash bond, you stop to put up 1750.
• 1:00:03
  But as long as he makes his court appearances, you get it
• 1:00:06
  all back. The other thing about putting up
• 1:00:09
  $17150 is what I said earlier is still true.
• 1:00:12
  If there's court costs and fines imposed, it comes out of the
• 1:00:15
  1750. So if there's $1000 court costs
• 1:00:17
  and fines, they can go towards this court costs and fines by
• 1:00:21
  state law. If the case against him is
• 1:00:24
  dismissed, then the $17150 cash bond is returned to whoever
• 1:00:27
  posted all of it. OK, so some people prefer a cash
• 1:00:32
  bond if they can put up the full 1750.
• 1:00:35
  Do you have it? I know he's going to know your I
• 1:00:37
  think he's going to know your your suggestion.
• 1:00:39
  You have suggestion for him at all on which?
• 1:00:41
  Which he chooses I'd. Rather try to do the 17.
• 1:00:47
  I don't know, understand. I understand that's a lot of
• 1:00:50
  money. OK, Mr. McDaniel, you heard what
• 1:00:53
  the father said. Anything else on behalf of the
• 1:00:55
  defendant? No, nothing, Your Honor.
• 1:00:57
  Mr. Rebels indicated the same thing to me.
• 1:00:59
  So we're just right now. Sure, it is a normal standard
• 1:01:06
  bond. How much can you come up with?
• 1:01:10
  Father I, I. Just don't.
• 1:01:11
  I don't know that I don't know that I want him sitting there
• 1:01:14
  with these charges with no history.
• 1:01:16
  What if I make it an even $1000 cash bond?
• 1:01:19
  Is that more likely something you can come up with to get him
• 1:01:21
  out, Sir? OK, Mr. Mitchell, with his
• 1:01:28
  history and objection of that. No objection.
• 1:01:31
  You're on. So let's do this.
• 1:01:32
  Let's do 5000. Let's do, let's do $500.00 cash
• 1:01:34
  on the on the 2 on the ag assault and the possession of
• 1:01:41
  farmer Commission of a felony and our own other three charges.
• 1:01:45
  You got a total cash bond of $1000.
• 1:01:47
  I'm trying to set that amount that he can make.
• 1:01:50
  He's got a condition, random ear analysis that means he can be
• 1:01:53
  drug tested and he's got a condition that he not possessing
• 1:01:56
  any firearms based on his age and his charge.
• 1:01:58
  So it's $1000 cash. And then as I said, if there's
• 1:02:02
  court costs and fines imposed, that $1000 may go towards court
• 1:02:05
  costs and fines. But if he gets into this case
• 1:02:08
  and it gets dismissed, then the money's returned to whoever
• 1:02:11
  posted the bond. Any questions?
• 1:02:14
  All right, your dad's going to try to do what he can to see if
• 1:02:16
  we can get that posted. So you hopefully can get out of
• 1:02:18
  there, but you know, you got some serious charges.
• 1:02:20
  You've got one second to get felony potentially, which is
• 1:02:22
  which is very serious. Any questions, Mr. Rebels?
• 1:02:24
  No, Sir. I wish you the best.
• 1:02:26
  Thank you for coming, Sir. We have friends or family here
• 1:02:30
  on Abbey Malloy. Thank you, Miss Malloy.
• 1:02:40
  Good morning. Miss Malloy.
• 1:02:41
  You're here for the charge of violation of county probation in
• 1:02:43
  case 25-479-CT. Miss Malloy, I'm appointing the
• 1:02:46
  public defender's office to represent you.
• 1:02:47
  I'm asking that you listen to Mr. McDaniel, ma'am, on this
• 1:02:52
  allegation against you. And your stepfather is in the
• 1:02:54
  courtroom, Sir. Mr. McDaniel?
• 1:02:56
  Yes, Ronnar. His court date is going to be, I
• 1:02:58
  think March 3rd. If the father's still in there,
• 1:03:00
  he's been in the courtroom March 3rd.
• 1:03:02
  Thank you. I think you have to absolutely
• 1:03:04
  forgot that March 3rd at 9:00 AM be his court date.
• 1:03:07
  Thank you James for telling him. Miss Malloy, listen to Mr.
• 1:03:10
  McDaniel, please. Your Honor, I.
• 1:03:12
  Spoke with Miss Malloy, she's going she's going to mention
• 1:03:14
  validated probation understanding should be
• 1:03:15
  sentenced 10 days in jail she have three days jail credits and
• 1:03:19
  that'll. Resolve this case.
• 1:03:23
  Mr. Mitchell, is that agreeable with the state?
• 1:03:25
  It is Your honor, Miss Malloy. Did you hear that agreement,
• 1:03:27
  ma'am? Yes, Sir.
• 1:03:30
  And Miss Malloy, is that the admission you would like to
• 1:03:32
  enter? Yes, Sir.
• 1:03:36
  Miss Malloy, I'm going to accept your admission that you violated
• 1:03:38
  in terms of your conditions of your probation.
• 1:03:40
  Ma'am, I want to vote that probation sentence you to 10
• 1:03:42
  days in jail, adjudicate you guilty.
• 1:03:45
  Ma'am, I think you got everything done except we're
• 1:03:49
  unable or unwilling to to give a urinalysis.
• 1:03:52
  And that's that's the sole basis for the violation.
• 1:03:54
  So ma'am, you have 7 days left at most.
• 1:03:57
  And, and the reason it's such a short sentence is because you
• 1:04:00
  did everything else. As far as I can tell, Mr. Goods,
• 1:04:02
  you're shaking his head. Yes, you did everything.
• 1:04:04
  You're supposed to accept that. That last thing.
• 1:04:06
  So, ma'am, you finished this seven days you have left, you'll
• 1:04:08
  be done with this case. There's no probation remaining.
• 1:04:12
  And I'm going to continue the with.
• 1:04:14
  Well, actually what I do on the adjudication.
• 1:04:16
  She's got a couple of old worthless checks is all she has.
• 1:04:19
  Any objects? Let me continue to withhold Mr.
• 1:04:21
  Mitchell. Let me what was the original
• 1:04:23
  charge? Yeah, no objection.
• 1:04:27
  So I'm going to, I may have said adjudicate, Don, but we're going
• 1:04:30
  to withhold adjudication deal, continue that withhold that was
• 1:04:32
  imposed originally when she was sentenced to probation.
• 1:04:35
  So I'm talking to your stepdad now.
• 1:04:37
  So Sir, what that means is she has seven days left.
• 1:04:40
  At most she may do 5 or 6 depending upon game time, but at
• 1:04:45
  most she'll do 7 and she's got no more probation.
• 1:04:48
  Do you have any questions? Hey, thank you.
• 1:04:53
  She's got everything done right. She she got she got everything
• 1:04:56
  paid. She did everything she was
• 1:04:57
  supposed to except the drug test.
• 1:05:01
  Any questions? Miss Malloy, do you have any
• 1:05:04
  questions? No Sir, just tell my son and my
• 1:05:08
  my father. I love them.
• 1:05:10
  Very much and I thank you so much for.
• 1:05:11
  Being there all. Right.
• 1:05:16
  I don't know if you can hear him.
• 1:05:17
  He said everything's good and he's he's in good hands or
• 1:05:19
  something. Good hands.
• 1:05:20
  OK, ma'am. Have a good day.
• 1:05:23
  Miss Malloy. Thank you for coming, Sir.
• 1:05:28
  All right, so we have. That's it for friends or family.
• 1:05:30
  Mr. McDaniel, I believe we have. Benjamin Maxwell.
• 1:05:35
  Mr. Maxwell. Good morning.
• 1:05:36
  Mr. Maxwell. You're here because you're
• 1:05:38
  accused of violent in terms of your state probation.
• 1:05:40
  Mr. Maxwell, you were first appeared this weekend.
• 1:05:43
  The reason you were brought back today is to get you arraigned on
• 1:05:46
  this allegation against you. Arraignment means appointing
• 1:05:48
  your lawyer if you would like one to be appointed.
• 1:05:51
  Do you want to turn the appointed represent you this VOP
• 1:05:53
  Sir? Yes, I would.
• 1:05:55
  I'm going to appoint the public Defenders office to represent
• 1:05:57
  you. Listen to Mr. McDaniel.
• 1:05:59
  We'll see if you have any questions in just a moment.
• 1:06:02
  Plea of not. Guilty as to set this in the
• 1:06:03
  March 5th pretrial docket and I advise him to be attorney from
• 1:06:06
  the Public Defenders office to come by and visit him prior.
• 1:06:08
  To that. Thank you, Mr. Mitchell.
• 1:06:12
  Anything. No, Your Honor.
• 1:06:14
  So, as Mr. McDaniel said, an attorney will see you at the
• 1:06:16
  jail before your court date. Do you have any questions, Mr.
• 1:06:19
  Maxwell? No, Sir.
• 1:06:21
  Have a good day, Sir. Mr. McDaniel.
• 1:06:29
  Well, we do have one more case. He's not on the list.
• 1:06:31
  I think the jail may have. It's.
• 1:06:32
  Farnell, it's Terrence. Farnell.
• 1:06:34
  Yeah, it's not his. You missed the list somehow, but
• 1:06:37
  this is state versus Terrence Farwell Farnell.
• 1:06:39
  I'm sorry, Mr. Farnell. Mr. McDaniel sent us a an e-mail
• 1:06:42
  this morning where he had already looked at the the status
• 1:06:46
  was at Polk County, from Polk County.
• 1:06:48
  So listen to Mr. McDaniel and we'll listen to Mr. Mitchell.
• 1:06:51
  Then we'll see where we go. Mr. McDaniel, anything maybe
• 1:06:54
  We'll go ahead and listen to Mr. Mitchell first.
• 1:06:56
  He was going to talk to him in Polk County Friday.
• 1:07:00
  Yes, your honor, I did. I did send an e-mail to the
• 1:07:05
  prosecutors down in Polk County and they acknowledge back that
• 1:07:09
  they were going through the motions of revoking his bond,
• 1:07:12
  but they have not officially done that yet or they have not
• 1:07:15
  said a hearing like what Mr. McDaniel said at the same time
• 1:07:19
  also. So his bond has not been
• 1:07:22
  revoked. I have no idea if they're going
• 1:07:24
  to or not. So we're not objecting to go
• 1:07:26
  ahead and set his bond in this case.
• 1:07:29
  Mr. McDaniel, when I looked at the file after your e-mail,
• 1:07:32
  thank you, Mr. Mitchell, it looked at me that all they did
• 1:07:34
  was they filed a notice of violation of his pretrial
• 1:07:37
  conditions, but they not actually have.
• 1:07:38
  They had they never asked the judge to revoke his bond.
• 1:07:41
  They just basically filed a notice.
• 1:07:44
  And if it's like our system up here, the judge doesn't even get
• 1:07:46
  it. The judge only, I mean, the
• 1:07:48
  judge can't get every notice that's filed in every case.
• 1:07:50
  There's no way it's got to be set for a hearing.
• 1:07:52
  The judge even know it's been filed.
• 1:07:54
  So unless there's something I don't know, I don't see where
• 1:07:57
  they've even asked the judge to revoke his bond.
• 1:07:59
  Am I missing something? Mr. McDaniel?
• 1:08:00
  I want to say the bath that page, it said notice went to the
• 1:08:03
  judge. But I, you know, I ain't going
• 1:08:04
  to swear to it. But I think in most instances,
• 1:08:06
  especially in South Florida, they, you know, basically to
• 1:08:09
  hold them without bond. Most of the time they can revoke
• 1:08:11
  them, but then they got to reset another bond.
• 1:08:13
  Unless they can make it proven that there's no condition
• 1:08:15
  that'll that he can stay out of that he will not show up at a
• 1:08:19
  court hearing for. So I think that's always an
• 1:08:20
  issue, especially for South Florida cases, because, you
• 1:08:24
  know, it's just the way they do things.
• 1:08:26
  You know, I, I can't think that's probably the back of
• 1:08:29
  their mind there. Mr. Farnell.
• 1:08:31
  The bottom line is they've had actually a couple of months to
• 1:08:35
  do something and they haven't. I think Mr. Mcdaniel's
• 1:08:38
  assessment last week was accurate.
• 1:08:40
  And I don't see that they're, they, there's certainly not any
• 1:08:43
  significant effort that I see in that court file where they've
• 1:08:45
  asked in November, they notify the judge of your arrest.
• 1:08:50
  But that's all it does, Judge, to make you aware he may have
• 1:08:52
  violated conditioners release. They don't say, judge, we're
• 1:08:56
  asking you to, you know, they don't ask him to do anything.
• 1:08:58
  They should make him aware of it and I don't The judge may have
• 1:09:02
  got that, may not have, but it doesn't matter as far as I'm
• 1:09:05
  concerned. You've, you've, they've had
• 1:09:07
  months to do this and they haven't done it.
• 1:09:09
  So I'm going to release that hold from Polk County that I
• 1:09:10
  placed on you last week. You're free to post the bond in
• 1:09:13
  Jackson County. Now, this doesn't mean they
• 1:09:15
  can't revoke your bond in Polk County.
• 1:09:17
  What it means is they haven't done it yet, so for all I know,
• 1:09:20
  they may do something next week on it.
• 1:09:22
  But as far as we go in Jackson County, I'm going to release
• 1:09:25
  that hole. You're free to post a bond and
• 1:09:26
  that was set for you last week. You'll get a chance to use the
• 1:09:29
  phone after first appearance today because anytime your bond
• 1:09:31
  status changes, you have the right to notify friends and
• 1:09:33
  family or a bondsman for purposes of posting a bond and
• 1:09:37
  you'll get a chance to use the phone shortly.
• 1:09:39
  Did we already give him a court date when he was here last week?
• 1:09:42
  It is March 2nd. And I was so going to remind him
• 1:09:44
  that he has that hearing in Polk County because they had, they've
• 1:09:46
  had hearings since, you know, they filed that motion also,
• 1:09:49
  they got another hearing February 20th.
• 1:09:50
  So you've got to be in Polk County February 20th.
• 1:09:52
  For that hearing. Yes.
• 1:09:53
  Sir. Any questions, Sir?
• 1:09:55
  No, Sir. All right, wish you the best.
• 1:09:57
  We'll see you here March 2nd, March 2nd.
• 1:09:59
  Thank you. All right.
• 1:10:03
  Mr. McDaniel, it's everything you had on my list.
• 1:10:05
  Anything else from the public defender's office?
• 1:10:07
  Yes. That's your honor.
• 1:10:10
  All right, friends, once again, good morning.
• 1:10:11
  Happy Monday to you, TCF Live. Good to have you here with us
• 1:10:15
  today. Let's go to Texas.
• 1:10:19
  Judge Stevens say good morning. That enhancement in that way is
• 1:10:23
  important. For those conversations.
• 1:10:29
  I disagree. Judge The.
• 1:10:31
  The. Defendant has been all notice
• 1:10:34
  about the offense since its beginnings.
• 1:10:38
  His prior lawyer was notified at the multiple trial settings that
• 1:10:42
  we had about about this prior, the prior and it's been a part
• 1:10:48
  of discovery since the beginning.
• 1:10:51
  The actual formal notice saying I'm going to use it to enhance
• 1:10:56
  was filed today. But the actual knowledge about
• 1:11:00
  the prior and what the consequences for it has been in
• 1:11:04
  existence since the beginning of this lawyer's representation of
• 1:11:09
  his defendant and well into when this this defendant was charged
• 1:11:15
  for the offense And when it was initially placed on the trial
• 1:11:17
  back, it is a federal fire. He was sentenced to 36 months.
• 1:11:22
  And as I said it, all the documentation and all that's
• 1:11:26
  part of the discovery in this thing for quite, quite some
• 1:11:29
  time. Judge, if I may, I do have the.
• 1:11:33
  Documentation of it, however, without this formal.
• 1:11:35
  Notice of an. Enhancement.
• 1:11:37
  My assumption is that it's for his ineligibility to receive
• 1:11:40
  probation from a jury, not that it's being used for the purpose
• 1:11:43
  of enhancement. So I'm not put on notice about
• 1:11:46
  that purpose of enhancement or that it's being used for that
• 1:11:49
  reason until I'm given that form of notice.
• 1:11:52
  It wasn't alleged in the indictment and I didn't receive
• 1:11:55
  that formal notice until this morning.
• 1:11:56
  Give me something that shows that.
• 1:11:58
  I mean, we know that's. Going to say I.
• 1:12:03
  Think so or the IT can't be the way they are, but we move there.
• 1:12:09
  He knows his previous lawyer has known this has been around by
• 1:12:14
  the way, since since especially over three years.
• 1:12:20
  And so according to the state, his previous lawyer knew that
• 1:12:25
  there was an intent to make it some kind of issue at trial.
• 1:12:35
  And and then I'm sure that that information should have been
• 1:12:41
  passed on, but the defendant knew.
• 1:12:44
  I can't believe his lawyer wouldn't would have ignored
• 1:12:47
  that. And so I might refuse to inform
• 1:12:50
  him. The question becomes, does a
• 1:12:53
  formal piece of paper have to be filed and notwithstanding the
• 1:12:57
  knowledge of the parties that that there is a prior conviction
• 1:13:01
  that can be used and that the state is tender to lawyers
• 1:13:08
  representing him and I, I think you're the third one.
• 1:13:11
  No. She's the second. 2nd.
• 1:13:13
  Church. I believe I've been working
• 1:13:15
  since. Last.
• 1:13:16
  Year because. And I believe I stood here on
• 1:13:38
  the record and made a statement about this notice previously,
• 1:13:43
  not to all fairness she wasn't there, but Mr. Cobb was was the
• 1:13:49
  defendant president? Yes.
• 1:13:52
  And the record should state that.
• 1:13:54
  So if it ever becomes an issue it it may need to leave.
• 1:13:58
  It may be you may need to find something you may need to point
• 1:14:02
  it. We have the dates that these
• 1:14:05
  court settings were were made. That's the that's the issue.
• 1:14:14
  What this court's concerned about.
• 1:14:16
  Doesn't a piece of writing have to be in there when it was
• 1:14:19
  stated in the record with all parts present because it's all
• 1:14:23
  announced supplies and depending upon how it was presented.
• 1:14:27
  I mean, I guess I don't think they're just saying he's got a
• 1:14:30
  prior conviction without saying I intend to use that.
• 1:14:34
  Sure, judge, but it's about the intention.
• 1:14:36
  Of how it's going. To be it's no, it's one of it's
• 1:14:39
  yeah. But if it's going to be used, do
• 1:14:41
  you have to be It can be used wrong.
• 1:14:43
  This is under law, but just give me some something that says you
• 1:14:47
  have to have in a form of a form written motion before that can
• 1:14:53
  be used. The only case law I'm aware of
• 1:14:57
  is that it has to be done prior to, but certainly commencement
• 1:15:02
  of trial check. And we've done that
• 1:15:04
  satisfactorily to death. Yeah, sometimes that puts a
• 1:15:11
  defense standing in a bad spot because what that what this
• 1:15:18
  jumps up from in this case, it closes from 2:00 to 20.
• 1:15:22
  It's a life that's a. And I.
• 1:15:25
  Understand that Mister Paul didn't receive notice, but in
• 1:15:28
  order for me to protect. Myself.
• 1:15:29
  We need to choose two of these are objections that I have to
• 1:15:32
  lodge OK. But but all of that, I know I
• 1:15:37
  don't think it's but it's important to what he's stating
• 1:15:41
  the defendant was present, the defendant notes and and however
• 1:15:49
  the previous attorneys. No.
• 1:15:52
  Actions were they should have been passed on and I believe I
• 1:15:57
  one way or the other but the defendant knows it.
• 1:16:01
  I believe I have emails for the fire council and intentions.
• 1:16:05
  I think you need to give what you can on that in.
• 1:16:16
  Fact. You don't say there's a motion
• 1:16:19
  to withdraw that I even denied. Yes, I think that was around.
• 1:16:23
  Because there was. Judge Reagan found.
• 1:16:26
  These two I just. Want it.
• 1:16:28
  I don't want to lose 1. That's the noticing electric
• 1:16:31
  floor. But it's there's no way that it
• 1:16:45
  can be almost 1200 days old and still people are declaring
• 1:16:52
  surprise. I know that you may not have
• 1:16:54
  been an action form of action Nathan, but taken but the get
• 1:17:00
  what you can't follow up the mental information.
• 1:17:04
  So I certainly make the record, but it's it's old and it's new.
• 1:17:09
  All the stated thank. You.
• 1:17:15
  Potential spam. Thank you for becoming a channel
• 1:17:17
  member. I really appreciate that you get
• 1:17:20
  to join us on the pre show now every morning, 30 minutes prior
• 1:17:22
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• 1:17:26
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• 1:17:30
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• 1:17:33
  in Law Tube. And I don't say that just
• 1:17:36
  because it's the one I run. There's good people here, so
• 1:17:41
  well, I gotcha. Join us tonight for In the Blind
• 1:17:45
  with Mike and Dan. Different channel.
• 1:17:47
  It is myself, producer, Beth and Michael Groff who is the
• 1:17:53
  official TCF weatherman and guest host for this show.
• 1:17:57
  And sidebar topic or sidebar panelist rather, probably could
• 1:18:01
  be a sidebar topic and all those things.
• 1:18:04
  Join us there tonight though, it's a lot of fun.
• 1:18:06
  We have no idea what we're going to talk about until we're live
• 1:18:10
  and Beth tells us what we're going to talk about.
• 1:18:12
  So it's raw, it's off the cuff, and it's a good time.
• 1:18:16
  Especially segment 3 for the true false round.
• 1:18:18
  That's that's worth watching in and of itself.
• 1:18:21
  So 8:00 PM no, 7:00 PM Eastern, excuse me, 7:00 PM Eastern, 4
• 1:18:26
  Pacific. There's a link in the pinned
• 1:18:27
  chat, so please check that out tonight.
• 1:18:30
  For alcohol you are for or against it.
• 1:18:34
  I'm kind of like strata like. The.
• 1:18:40
  There's something about it that's not being, it is not
• 1:18:43
  working correctly. We've had a long history of
• 1:18:48
  problems with the ankle monitor and matter of fact numerous
• 1:18:54
  hearings in front of this court. So when an abundance of caution
• 1:18:58
  you know, we knocked down drag outputs.
• 1:19:02
  My client has now have two months just as a backup because
• 1:19:09
  of the unreliability of the cycle.
• 1:19:11
  What what's when we're reliable with that Well, does the but
• 1:19:15
  like I forgotten what you we talked about before they're
• 1:19:18
  given opposition was was given false positives and bringing
• 1:19:23
  back flood. It's causing a medical problem
• 1:19:26
  now and so I was requesting that what's your alternative plan?
• 1:19:31
  Take that off and let him. He has a handheld time that he
• 1:19:37
  has to. So how often?
• 1:19:38
  Four times a day? Four times a day.
• 1:19:41
  And. He has.
• 1:19:41
  He's been on a monitor for how many months now?
• 1:19:44
  No, what's the whole, the whole purpose of it is what?
• 1:19:51
  What was the whole purpose? The whole purpose one was based
• 1:19:57
  on the charge that he doesn't do anything.
• 1:19:59
  He's been combined with it, but the one that's on his ankle is
• 1:20:03
  causing the medical condition now and he can show the course
• 1:20:06
  and that just tests for alcohol in his system.
• 1:20:09
  That's all he would. We don't have one to show where
• 1:20:13
  he is like the GCS, like he's driving around.
• 1:20:18
  Never have, never have. OK, something though, you know,
• 1:20:24
  we don't neither want to be on the front page with who's this
• 1:20:28
  headline, who's to blame if he's out there driving that?
• 1:20:34
  That's never been indicated. It it never is until it becomes
• 1:20:40
  and then everybody points to everybody and here it is.
• 1:20:47
  We're talking about intoxication now.
• 1:20:49
  Slaughter. Shame on what happens next.
• 1:20:54
  If something bad happens, there will be an accounting, a
• 1:20:57
  rendering, somebody will be fine or two or three.
• 1:21:01
  It's not going to be me. So what have we come up with?
• 1:21:05
  Well, other than just as good word I might ask it for.
• 1:21:10
  No, Monica, what I'm asking for is because he has another
• 1:21:14
  monitor that has been following over the last six months with
• 1:21:19
  not any matter of fact it's a more detailed month with no
• 1:21:24
  violations. I just don't understand what the
• 1:21:26
  difference is between those two. Well, it's causing a medical
• 1:21:30
  it's I mean, what's what, what's what is it?
• 1:21:34
  What is it provide to the people who are?
• 1:21:41
  2 digits. Supervision.
• 1:21:44
  So we, I mean, it needs to be supervised, that's all.
• 1:21:46
  Does that one have a camera on it to know that it's him
• 1:21:49
  testing? Yes, ma'am.
• 1:21:52
  So how does? The one, the other one that
• 1:21:54
  you're talking about, how does that work?
• 1:21:58
  The one that I went out and got on my own tests out three
• 1:22:02
  decimal places and has a camera that's showing me using it.
• 1:22:06
  The ankle monitor does not. Well, it's it's connected to
• 1:22:09
  your ankle, so who is monitoring that?
• 1:22:12
  Johnny's. Who has been abused forever?
• 1:22:19
  Yeah, but the one on the ankle was causing infection medically.
• 1:22:24
  Now what is have you gotten to a doctor or something about?
• 1:22:29
  I think they can put something that can't We put something
• 1:22:32
  between the skin and the device. No, because then you don't get
• 1:22:37
  the the Slatter the. So can y'all try to work that
• 1:22:42
  out or if there's something that no, just no, I'm talking about
• 1:22:48
  working it out. Oh.
• 1:22:51
  Judge, I don't have any objections.
• 1:22:53
  To doing this. Otherwise, I just, I just I can
• 1:22:56
  see what he's talking about as long as point yes.
• 1:23:01
  Go ahead and and so. But it but.
• 1:23:04
  It is that we will get, we will get his documents to you to
• 1:23:09
  switch. We move back and keep them on.
• 1:23:13
  What are you doing about preventing an infection?
• 1:23:18
  There's that. I know this monitor Sir.
• 1:23:23
  This monitor is external. Things and there's nothing.
• 1:23:26
  Topical, I know of that. I can use whether you talk to.
• 1:23:29
  I know you know, but what does your doctor know?
• 1:23:33
  Yeah. I have not talked to a physician
• 1:23:35
  about it, but I'm talking to the monitoring service.
• 1:23:37
  Yeah, be careful about that, especially there.
• 1:23:43
  I mean, you don't Feet come in handy.
• 1:23:45
  Yes, Sir. In life.
• 1:23:47
  OK. All right, Well, yeah, the
• 1:23:50
  questions granted. Thank you.
• 1:23:53
  I'll. I'll submit an order today.
• 1:23:54
  Yeah, that's done. What's next?
• 1:23:58
  He y'all ready for trial? Otherwise we are.
• 1:24:02
  But what state say? I think the state would like a
• 1:24:05
  special setting because of the circumstances.
• 1:24:08
  Because of the circumstances and having to communicate with this
• 1:24:11
  family in the death of. Their loved one.
• 1:24:13
  Why not check? Why don't y'all get together
• 1:24:16
  this morning and give me a date for two and then that will be
• 1:24:20
  set this morning. OK.
• 1:24:21
  Thank you. Before y'all leave.
• 1:24:23
  Thank you. Ruth Calhoun.
• 1:24:27
  That's nice. What are we going to do about
• 1:24:32
  that? What are we doing?
• 1:24:36
  I made. It's 1000 days old.
• 1:24:39
  Of the state's. All of them.
• 1:24:43
  I just want. To put, I just put on record
• 1:24:46
  just the stated offense, two years deferred adjudication,
• 1:24:50
  growth, probation, how much? About. 10 years deferred. 10.
• 1:24:55
  Deferred, which is as we all know, can be shortened to 1/3 of
• 1:24:59
  that if they do well. And I've conveyed that to Mr.
• 1:25:02
  Calhoun. And what if you respond?
• 1:25:04
  What do you say? I couldn't, I didn't understand.
• 1:25:10
  Oh, OK, we're going. We're going to go over to time.
• 1:25:13
  Let's see. It'll be that'll be you're
• 1:25:18
  ready. We can be ready.
• 1:25:20
  Yeah. Equals to Langston.
• 1:25:24
  Also, we've got a another court that we're going to send to we
• 1:25:31
  can send so somebody on bond. So that's good.
• 1:25:34
  I can I can get 2 done I. Think everybody on this stock,
• 1:25:39
  it is on bond, Your honor. Yeah.
• 1:25:42
  That's OK. Yeah.
• 1:25:44
  I'll stand by. I'm going to name on the second
• 1:25:46
  from Dagan Rutz. Easy to come on.
• 1:25:49
  It's. What are we doing on this?
• 1:25:55
  Are you kidding? We're trying this one too.
• 1:25:58
  We're ready to judge. OK, I'm.
• 1:26:00
  Going to repeat this tonight please.
• 1:26:03
  Shouldn't. That.
• 1:26:04
  Those are the plea rejection. Forms talk kind of absolutely.
• 1:26:07
  OK. What was it like?
• 1:26:16
  This is another case when the state had offered deferred
• 1:26:18
  adjudications and did you want the deferred and you still won't
• 1:26:22
  travel? You understand if if if you
• 1:26:45
  happen to be convicted of this in a jury trial, deferred or
• 1:26:51
  unadjudicated probation is not something a jury is allowed to
• 1:26:56
  give in a jury trial. You get convicted and the
• 1:27:00
  conviction is forever, OK. You haven't by any chance had
• 1:27:05
  contact with the victim in this, right?
• 1:27:08
  Because that would be catastrophe for anybody.
• 1:27:10
  No Sir, just an individual that I have that I did purchase
• 1:27:15
  through on the side by side I have to say.
• 1:27:18
  I have to to Facebook. Or messengers.
• 1:27:21
  So he's actually doing time with it right now.
• 1:27:26
  Get it from Jeff or. OK OK, yeah, we're ready and
• 1:27:32
  we're going to try to find your trial.
• 1:27:34
  Alicia Jones. Alicia Jones, Dustin.
• 1:27:38
  Dustin. Donald Kelly.
• 1:27:53
  Oh, who's the lawyer on this one?
• 1:27:54
  I think it's it's more we've never tried a failure registry
• 1:28:05
  20 years. So what's the deal on this?
• 1:28:09
  Yeah, I've tried one before. I've actually tried two of
• 1:28:11
  these. How did that by the one end up?
• 1:28:14
  I think it was a conviction, wasn't it?
• 1:28:17
  Yeah, I I do. Remember now it was like a maybe
• 1:28:20
  a year or two ago, but it's very odd.
• 1:28:24
  What's trying to tell you to register?
• 1:28:31
  OK, this, these are real simple. These are real simplified.
• 1:28:37
  Is he eligible for probation? No, but he's the office private
• 1:28:41
  inventions. OK, He knows that.
• 1:28:43
  Yes, Sir. All right.
• 1:28:44
  So no, you only need to talk about it.
• 1:28:48
  It's it's going to move forward and we're going to it'll go
• 1:28:52
  somewhere today. Willie Dumas ready.
• 1:28:54
  You're off. That's the.
• 1:28:56
  Please. We.
• 1:29:00
  We. Yeah, it's pretty clear.
• 1:29:01
  Now, Willie Dumas, where are you on?
• 1:29:07
  His air chief. Well, you're loaded today with
• 1:29:09
  all kind of hard for air, but it's all ready.
• 1:29:12
  What's that on the on the your lapel?
• 1:29:15
  The lapel? Yes Sir.
• 1:29:19
  It's a flower with diamonds around it.
• 1:29:22
  What is an infant? What does it represent?
• 1:29:24
  Oh no, I'm cooler. Oh well.
• 1:29:27
  That's a nice thing. So we certainly got my
• 1:29:29
  attention, I'll tell you. Well, he does a lot of this
• 1:29:32
  church here, so he does a lot to the church, Yeah.
• 1:29:44
  For Willie Dumas, senior. Correct, Sir.
• 1:29:47
  Yes, Sir. And you were here with Mr. Lane,
• 1:30:01
  your attorney. I'm a state does the defendant
• 1:30:04
  wear the formal reading of the indictment and arraignment here?
• 1:30:07
  Can we proceed in summary looks like we're only going on parent
• 1:30:11
  one here because there's a prior conviction that is not being
• 1:30:15
  asserted in this case at this time.
• 1:30:20
  In summary, and you were Willie Eugene Dumas, Senior.
• 1:30:26
  Mr. Dumas, this indictment States and summary that honor by
• 1:30:30
  December 2nd, 2023, in Jefferson County, Texas, you committed the
• 1:30:34
  third degree felony of theft from an enderly an elderly
• 1:30:39
  individual. It's like the purse.
• 1:30:44
  You understand what you're charged with?
• 1:30:46
  Yes, Sir. If convicted, you face a term of
• 1:30:48
  not more than 10 years or less than two years in prison.
• 1:30:50
  In addition, a fine may be assessed not to exceed $10,000.
• 1:30:54
  Do you understand? Yes.
• 1:30:56
  An agreement's been reached in your case where you would be
• 1:30:58
  pleading guilty sentences, 10 years in prison.
• 1:31:01
  That would be suspended. You would be placed on regular
• 1:31:04
  probation for up to 10 years, fined $500.
• 1:31:07
  Is there any restitution here? No.
• 1:31:10
  You're is that your understanding of the agreement?
• 1:31:13
  Yes, Sir. If I follow this agreement, you
• 1:31:15
  have no right of appeal. Do you understand?
• 1:31:17
  Yes, Sir. How do you plead to discharge,
• 1:31:19
  Sir? Guilty.
• 1:31:19
  Of not. Guilty.
• 1:31:21
  Are you pleading guilty voluntarily?
• 1:31:24
  Yes, Sir. That is on your own free will
• 1:31:28
  and because you are guilty of this.
• 1:31:30
  Yes, Sir. I'll show you what's marked as
• 1:31:36
  State's Exhibit One. Did you sign that document
• 1:31:39
  voluntarily? Understand it?
• 1:31:40
  Discuss it with your attorney? Are the contents true and
• 1:31:43
  correct? Yes, Sir.
• 1:31:44
  State's Exhibit 1, tendered without objection, admitted the
• 1:31:47
  State. You were mentally competent to
• 1:31:49
  enter your guilty pleas freely and voluntarily made you know
• 1:31:53
  what you've been charged with the indictment's been read here,
• 1:31:55
  you've read them. You were guilty of the crime
• 1:31:57
  charge and any lesser included offenses and you was giving up
• 1:31:59
  your rights to a jury trial and the rights to the appearance,
• 1:32:03
  confrontation, cross examination of witnesses totally satisfied
• 1:32:06
  with the representation provided by your lawyer.
• 1:32:08
  All true. The state so helps you that yes
• 1:32:11
  Sir, states exhibit one part of the record for all purposes is a
• 1:32:15
  pre sentence report waived here it is by defensive.
• 1:32:18
  Anything to add by any party nothing.
• 1:32:20
  I will follow this agreement and make the findings that you all
• 1:32:24
  pleading guilty voluntarily. You're mentally competent to do
• 1:32:27
  so. You.
• 1:32:27
  Do. Appreciate the consequences of
• 1:32:31
  pleading guilty. There is sufficient evidence
• 1:32:34
  supporting your guilty pleading. States Exhibit 1 admitted here
• 1:32:37
  to find you guilty beyond a reasonable doubt and I now find
• 1:32:40
  you 50 beyond a reasonable doubt of this third degree felony of
• 1:32:43
  theft from elderly person. I'm following this agreement.
• 1:32:47
  You are hereby sentence to confine in the institutional
• 1:32:50
  division of the Texas Department of Criminal Justice to serve the
• 1:32:52
  term for 10 years. That will be suspended.
• 1:32:55
  We're going to be close on regular probation for 10 years
• 1:32:58
  to do well. It will be shortened over the
• 1:32:59
  other, no problem. There will be other terms and
• 1:33:04
  conditions of probations which are normal and customary for
• 1:33:07
  this type of offense. There will be a fine $500 also
• 1:33:11
  imposed here. And my other conditions of
• 1:33:24
  probation, you must successfully complete a theft prevention
• 1:33:29
  program. It's a good, good program for
• 1:33:32
  everybody. Thank you.
• 1:33:35
  But it's normal and customary for this title.
• 1:33:38
  Here are the papers. We see the provision of this and
• 1:33:42
  you begin. Yes, Sir.
• 1:33:53
  Kelly has apparently decided I need a break from putting me
• 1:33:59
  down. Let's Ohio Judge Cohen.
• 1:35:36
  Member President, Case 24 CR 470, State of Ohio versus
• 1:35:39
  Stephanie Tellahan. We are here on a motion to
• 1:35:42
  terminate community control sanctions scheduled for a final
• 1:35:47
  hearing. Defendants here in court with
• 1:35:49
  counsel Mr. John Fatigue. Mr. Fatigue was Defendants
• 1:35:51
  intention at this time regarding the final hearing.
• 1:35:54
  Good morning, Your honor. I've discussed this matter with
• 1:35:56
  Miss Tallahab. I believe she wants to waive the
• 1:35:58
  final hearing, accept responsibility for her
• 1:36:01
  misconduct, and resolve the violations today.
• 1:36:04
  Thank you. You.
• 1:36:41
  Tried to violate the conditions of your community control
• 1:36:44
  sanctions. Specifically, it's alleged you
• 1:36:45
  violated 2 separate rules, First Rule 3, which requires you to
• 1:36:49
  report at such times and places as directed by your probation
• 1:36:52
  officer. And you were instructed to
• 1:36:54
  report to your probation officer on December 17th, 2025 and
• 1:37:00
  provide a urine screen and you failed to do that.
• 1:37:03
  And then you made no attempt at all.
• 1:37:05
  The contact your probation officer since December 17th.
• 1:37:09
  At that time further alleged violated Rule 10 which requires
• 1:37:14
  you to submit urine screens when directed to by your probation
• 1:37:18
  officer and select it's alleged on January 9th, right when you
• 1:37:21
  were arrested or shortly thereafter, you were given 2
• 1:37:25
  opportunities to provide valid urine screens and you failed to
• 1:37:27
  do so. Now, you have the right to have
• 1:37:31
  a final hearing regarding these allegations, which is a hearing
• 1:37:33
  where the state would be required to approve the actual
• 1:37:36
  merits of what they're alleging. You could have this final
• 1:37:40
  hearing, but you can also waive the hearing if you desire, and
• 1:37:46
  admit to the violations. And your attorney has indicated
• 1:37:49
  he believes that's what you want to do, waive the hearings and
• 1:37:51
  admit to the violations. Is that correct?
• 1:37:53
  Yeah. Sure, honor.
• 1:37:54
  Well, before I can accept your waiver and your admission, I
• 1:37:59
  need to make sure you understand the potential penalties you face
• 1:38:02
  if you are found to a violated. Your community control
• 1:38:10
  sanctions. If in fact that did occur, the
• 1:38:13
  court could extend your probation up to five years.
• 1:38:19
  I can impose more restrictive sanctions against you, including
• 1:38:22
  an order that you serve more time in our Lake County Jail, or
• 1:38:27
  I could terminate your probation and send you to prison.
• 1:38:30
  If I sent you to prison, it could be 9121820430 or 36 months
• 1:38:34
  in prison. Do you understand potential
• 1:38:37
  penalties you face if you're found to a violated your
• 1:38:40
  community control sanctions? Yes, your Honor.
• 1:38:43
  Well, have you been so advised? I don't want to do it this time.
• 1:38:46
  Do you want to have the final hearing or do you want to waive
• 1:38:48
  the hearing and plead guilty to the two violations?
• 1:38:52
  Oh. Plead your guilty to the 2
• 1:38:53
  violations. Very well, that's the
• 1:39:03
  allegation. Violated Rule 3 by not reporting
• 1:39:05
  to your probation officer when directed to do so.
• 1:39:07
  What is your plea to that? Guilty, right?
• 1:39:11
  Guilty as the allegations you do not provide urine samples as
• 1:39:14
  directed to do on January 9th. What is your plea to that?
• 1:39:17
  Guilty, Your Honor. The court will accept your plea
• 1:39:19
  of guilty, but that you did violate your community control
• 1:39:22
  sanctions. Mr. Fatigue, any reason not to
• 1:39:24
  go forward with sentencing? No, Your Honor.
• 1:39:26
  Anything you want to say on behalf of your client?
• 1:39:29
  Yes, thank you, Your Honor. I'd like to.
• 1:39:30
  Highlight the fact that while acknowledging that Miss Tallahar
• 1:39:34
  relapsed here, she did have a fairly lengthy period of
• 1:39:37
  sobriety. She did complete the program at
• 1:39:40
  Nora in recovery and she also turned herself in after going to
• 1:39:47
  Nora. She was initially put on
• 1:39:49
  probation in this case on April 7th of 2024.
• 1:39:54
  We actually take all those factors into consideration here
• 1:39:57
  and render a decision on these violations and also would ask
• 1:40:03
  that Mister Heller. From Nora, who share be
• 1:40:07
  permitted to speak on her behalf.
• 1:40:10
  Sure, whoever like to speak, you can stand right where you're
• 1:40:12
  sitting, state your name and spell your last name for the
• 1:40:15
  court reporter and tell me whatever you'd like me to know.
• 1:40:17
  Larry Heller Heller with Nora and we understand that a relapse
• 1:40:25
  can occur here, but relapse? Is not in.
• 1:40:27
  Common as this court probably knows, National Institutes of
• 1:40:30
  Health and National Institute on Drug Abuse have created attempts
• 1:40:35
  at treatment are often necessary.
• 1:40:38
  Treatment is or recovery is not often not a straight line.
• 1:40:42
  Those people are not perfect. Many people do require multiple
• 1:40:45
  attempts. Some they have multiple attempts
• 1:40:49
  where they get almost no traction and no benefit.
• 1:40:52
  Before. They finally engage some as the
• 1:40:55
  case here. There are starts and stops and
• 1:40:58
  periods of recovery, setbacks, often three steps forward and
• 1:41:03
  two steps back, as I believe is the case here and as Mr. Pratika
• 1:41:09
  said, Mr. Taha. Has.
• 1:41:12
  Made substantial progress. A couple of.
• 1:41:14
  Years ago, when her case began, she would have struggled gravely
• 1:41:18
  to put together 24 hours without using it, without reoffending.
• 1:41:21
  Yet recently, she put together a consecutive string, several
• 1:41:25
  months without using and without reoffending.
• 1:41:29
  That's miraculous achievements, I believe the reason she's in
• 1:41:34
  the court. Of course is because.
• 1:41:35
  Of the two steps back. But I think it's imperative that
• 1:41:39
  we also look at the big picture and take into account the three
• 1:41:42
  steps forward. We.
• 1:41:44
  Realized there were some setbacks.
• 1:41:45
  I realized there were some either.
• 1:41:49
  The. Refusal to test.
• 1:41:50
  There may have been some positive tests prior to that,
• 1:41:53
  that we know. She.
• 1:41:54
  Was in a. Period of relapse.
• 1:41:56
  She did willingly come back to Nora on her own.
• 1:42:00
  OK, so that's just about. I understand.
• 1:42:04
  She, I, I. Have not seen her.
• 1:42:05
  Actual test results, but I did confirm with our.
• 1:42:07
  Nurse. That although she did test
• 1:42:09
  positive that levels were declining throughout the week or
• 1:42:15
  so that she was with. Us before.
• 1:42:16
  Her arrest so even. Though.
• 1:42:19
  Test results may have been considered positive, which may
• 1:42:22
  be what scared her from doing this.
• 1:42:24
  I don't. Know that but even though test
• 1:42:26
  results would show as positive the levels.
• 1:42:28
  Were declining which? Indicates no continuing use.
• 1:42:33
  As. As I'm sure this court knows,
• 1:42:35
  some substances can remain in the system for an extended
• 1:42:38
  period of time, but as long as levels.
• 1:42:40
  Are. Declining that indicates there's
• 1:42:42
  no new usage, so I hope the court will consider all this
• 1:42:47
  progress she has made. We understand there may have
• 1:42:51
  been some poor. Decisions.
• 1:42:53
  That's. Again, that's not uncommon
• 1:42:55
  during a period of relapse and following.
• 1:42:57
  A. Period of relapse, there are
• 1:42:59
  often core decisions. We use cognitive behavioral
• 1:43:03
  therapy, which is the standard care.
• 1:43:06
  We help clients to identify and explore their own thinking
• 1:43:11
  errors and help to improve decision making.
• 1:43:14
  That's part of what treatment involves.
• 1:43:16
  But we do understand that early in treatment or following a
• 1:43:19
  period of relapse, there are some poor decisions.
• 1:43:22
  So in summary, we hope this Court will consider the
• 1:43:25
  tremendous progress. That's.
• 1:43:27
  Been made look at the big picture and take into account
• 1:43:29
  the three steps forward rather than just the 2 steps back which
• 1:43:33
  broader here. Thank you, thank you.
• 1:43:36
  It's tell how you have the right to address the court before
• 1:43:38
  you're sentenced. You can say anything you want.
• 1:43:39
  Is there anything you want to say at?
• 1:43:40
  This time, yes, Your honor, I I want to apologize for my
• 1:43:45
  behavior. I, I did relapse and I was just
• 1:43:49
  scared. I was doing really good.
• 1:43:51
  I had 14 months clean and I have, I, I, I like the structure
• 1:43:57
  being in the treatments facility.
• 1:43:59
  I, I did gain a lot of sober support there.
• 1:44:03
  I met a lot of good people there.
• 1:44:06
  But I am very sorry for my behavior.
• 1:44:09
  I hold myself accountable. I did relapse.
• 1:44:13
  I was doing really good. Like I said, I have 14 months
• 1:44:16
  clean and I would like to return back there.
• 1:44:20
  And yeah, I just, I'm sorry, Your Honor.
• 1:44:25
  Thank you. Take anything else on behalf of
• 1:44:42
  the defense? No, thank you, Your Honor.
• 1:44:47
  Well, I've reviewed the original.
• 1:44:48
  Pre sentence report. Investigation.
• 1:44:53
  Consider the facts and circumstances of the underlying
• 1:44:55
  offense. The nature.
• 1:44:56
  Of the offense and. Performance on probation.
• 1:44:59
  I've considered everything said here today by Mr. Fatika, the
• 1:45:02
  Defendant, Mr. Heller. All this is considered by the
• 1:45:04
  Court in light of purposes and principles of felony sentencing
• 1:45:07
  set forth in 292911. As for the factors in 292912,
• 1:45:15
  I'm going to incorporate all. The findings I made at the.
• 1:45:17
  Original sentencing regarding the seriousness factors and the
• 1:45:20
  recidivism factors, with the additional finding today that
• 1:45:23
  the defendant has again failed to comply with the previous
• 1:45:26
  imposed sanctions order by the court, which is a factor
• 1:45:28
  indicating recidivism is likely. More likely the problem here
• 1:45:37
  Miss Teleha. Is that when you were sentenced
• 1:45:39
  last time it was made very, very clear?
• 1:45:41
  To you, you're getting one chance with your history.
• 1:45:45
  You're lucky you got one chance. You've got a horrible history of
• 1:45:49
  criminal record that goes back. Where are we at now, 30 years
• 1:45:57
  County Juvenile Court, if we're going to look at the big.
• 1:45:59
  Picture. Let's look at the big picture.
• 1:46:01
  There have been. Multiple, multiple attempts for
• 1:46:04
  treatment. There have been multiple,
• 1:46:06
  multiple steps backwards. This isn't the first two steps
• 1:46:10
  backwards. It's been going on for years and
• 1:46:13
  years and years. But the biggest thing to the
• 1:46:22
  court is the nature of the offense itself, this offense.
• 1:46:26
  Involves someone dying because of drug overdose, which you were
• 1:46:29
  a part of. It's not just the possession
• 1:46:33
  charge, it's the. Possession charge is a
• 1:46:36
  completely different story. You were involved in someone
• 1:46:39
  dying and you had involvement that then you're kind of
• 1:46:42
  contributed to that. And Despite that, you got
• 1:46:45
  probation and you got probation with this history of 30 years of
• 1:46:49
  drug usage and treatment and probation violation after
• 1:46:52
  probation violation after probation violation.
• 1:46:56
  You've been involved in every treatment program there is
• 1:46:58
  around here, almost you couldn't get to the end of the year.
• 1:47:06
  So. I'm not going to ignore the
• 1:47:12
  nature of this offence. I ignored it last.
• 1:47:14
  Time we were here, someone died, and you.
• 1:47:17
  Choose to get back into the same stuff and someone died as a
• 1:47:23
  result of something you did. You contributed to it.
• 1:47:33
  You're giving probation. For that with your.
• 1:47:36
  History and again you. Went by seven months before you
• 1:47:42
  violated. Therefore, the court finds at
• 1:47:49
  this time that prisons consistent with the purposes and
• 1:47:52
  principles of sentencing. It always has been with this
• 1:47:54
  defense and that you're not amenable to available community
• 1:47:57
  control sanctions. Therefore to be the sentence to
• 1:47:59
  this court. How much credit is there?
• 1:48:01
  Two 20s or 222? I believe it's two.
• 1:48:06
  Sorry, 220, right? It'd be a sense of this court
• 1:48:10
  that. Defendants serve a.
• 1:48:11
  Term in prison. 30 months. She has.
• 1:48:12
  Credit for 220 days. Need to advise you upon your
• 1:48:15
  release from prison you'll be placed.
• 1:48:17
  We could be placed on post release control for up to two
• 1:48:21
  years. If you are and you violate any
• 1:48:23
  of those conditions, the Parole Authority can send you back to
• 1:48:25
  prison as punishment for violating the rules for another
• 1:48:29
  nine months, the maximum being 50% of the term I just imposed
• 1:48:32
  any additional prison term imposed for violating post
• 1:48:35
  release controls being imposed a part of the sentence here today
• 1:48:42
  then towards the panel costs. And the court disapproves
• 1:48:44
  Defense placement program transitional.
• 1:48:48
  Shock release, potential prison program or transfer to
• 1:48:51
  transitional control. Take anything else for the
• 1:48:57
  record. No, thank you.
• 1:49:00
  All right. Well, there you have it.
• 1:49:04
  Folks, I agree with Lindsay in the.
• 1:49:08
  Chat, she says that you know. She needs structure.
• 1:49:11
  Jail will be structured. I would tend to agree with that.
• 1:49:15
  Happy Monday to you once again. Once again, once again, there
• 1:49:19
  we. Go.
• 1:49:19
  It's TCF Live. It's episode 227, and in the
• 1:49:22
  previous 226 I never apparently learned how to speak properly.
• 1:49:26
  So it carries over to 227. Oh heavens, let's let's go to
• 1:49:31
  Texas. Judge W say good morning to her.
• 1:49:34
  John Martin and Mr. Martin is charged with injury to a child,
• 1:49:39
  elderly or. Disabled individual and clause
• 1:49:41
  #25 DCCR 0583. What is the announcement?
• 1:49:46
  Yeah, we were waiting for CPS records.
• 1:49:49
  I understand. That the.
• 1:49:50
  Records were just delivered but they have not been reviewed.
• 1:49:54
  I was able to download them last week.
• 1:49:55
  Judge that I got was misadding so.
• 1:49:58
  CPS Family Services they had previously.
• 1:50:01
  Sent them. Do our old e-mail.
• 1:50:03
  Handle. Of the county, and so they
• 1:50:06
  thought they had provided them. But they.
• 1:50:08
  Haven't usually they? I thought they sent those to us.
• 1:50:10
  I usually thought they did send them to you.
• 1:50:12
  They gave me the originals. And the redacted.
• 1:50:14
  I did not turn them over. Yet because I wanted to see the
• 1:50:16
  brightness on that. I have them all downloaded, but
• 1:50:19
  I, that's, yeah, I they've always sent them to us and then
• 1:50:23
  we give you. And you the redacted.
• 1:50:25
  And I. Keep the original.
• 1:50:27
  So I would ask if you would maybe forward all that forward
• 1:50:31
  the redacted to Mr. Perfang. You keep her redacted.
• 1:50:34
  Send me the original. And if you'll?
• 1:50:36
  Send her maybe a quick return e-mail that just asked why they
• 1:50:40
  did it that way because typically it comes to the court.
• 1:50:43
  So we have y'all sign. Off that you received.
• 1:50:45
  It but I'll just do a normal reset.
• 1:50:47
  Sounds like you'll get it later date probably and then call Mr.
• 1:50:52
  Burbank. Y'all visit before that next
• 1:50:53
  port date and we'll give it an announcement the next.
• 1:50:56
  Other. Than to check the page number
• 1:50:59
  Yeah now. If you'll just.
• 1:51:00
  Just send the original to the to me I think, and I'll I keep.
• 1:51:05
  That and then you guys both keep a redacted version.
• 1:51:07
  OK. OK, Thank you.
• 1:51:09
  I have the excuse. Yes, Sir.
• 1:51:10
  Thank you, Mr. Lash. You've got Harley.
• 1:51:14
  Davis. Good morning.
• 1:51:19
  Good morning. Good.
• 1:51:20
  How about you? Good.
• 1:51:21
  Sorry, I was in the other court the.
• 1:51:22
  Other no, you're good. Good morning.
• 1:51:36
  Are you Carly Davis? Speak up.
• 1:51:38
  Yes, ma'am. And Miss Davis has two cases. 25
• 1:51:41
  DCCR 1451 and 1452 both driving while.
• 1:51:47
  Intoxicated 3rd. Or more and what?
• 1:51:49
  Is the. Announcement, Judge, we're going
• 1:51:50
  to ask. For a trial setting.
• 1:51:52
  All right. Did you already do a plea
• 1:51:54
  bargain rejection? I thought.
• 1:51:57
  There was. Was there one before I came on?
• 1:51:59
  No, I don't see one in this case at least.
• 1:52:02
  So I would ask that you do one with her this morning as.
• 1:52:05
  Soon as you. Do that.
• 1:52:05
  I'll go through everything and then we'll get it set.
• 1:52:07
  OK, Sounds good. OK, thanks.
• 1:52:16
  And then, Mr. Lace, real quick, before you do that, you've got
• 1:52:19
  Christopher Pickens, 2 cases, Christopher.
• 1:52:22
  Pickens. Good morning.
• 1:52:33
  You're Christopher Pickens. And Mr. Pickens has two cases,
• 1:52:36
  Pause numbers 24, DCCR 227. 5. And 24 DCCR 2276 both cases are
• 1:52:44
  injury to a child, elderly or. Disabled.
• 1:52:47
  Individual set for trial with gimmicks reselection on the
• 1:52:51
  23rd. And what is the announcement
• 1:52:54
  judge in this case? It looks.
• 1:52:55
  Like the mother with the children had moved out of state,
• 1:52:58
  they are not cooperating with sister who's quit answering the
• 1:53:00
  phone call. If we can reset this to a status
• 1:53:03
  hearing and I'll issue a subpoena, suspect we'll probably
• 1:53:05
  wind up having dismisses that. How long do you need?
• 1:53:08
  Just 30 days. So what we'll do is just reset
• 1:53:12
  this to a just kind of a status to give the state time to send
• 1:53:16
  it subpoenas. If somebody shows up, we'll see
• 1:53:18
  what happens. If not, then it'll get taken
• 1:53:21
  care of on that day. Thank you.
• 1:53:22
  So make sure you're back on that day and we'll see what happens.
• 1:53:24
  OK. All right.
• 1:53:25
  Thank you. Mr. Gallmore.
• 1:53:36
  Mr. Garcia, Jose. Colazzo.
• 1:53:41
  That's miss. Malfino, you can just ran
• 1:53:44
  upstairs. Let me let me just hold that for
• 1:53:45
  just a minute. Enough.
• 1:53:48
  You've got Jerry Crane. Oh, that's also with her.
• 1:53:51
  Yeah. And we're doing a plea on Mr.
• 1:53:53
  Crane. OK.
• 1:53:54
  We're just announcing ready for trial also, but hold on.
• 1:53:59
  So I'm holding. Crane briefly, we'll get Mr.
• 1:54:02
  Plazo up here in just a minute when miss.
• 1:54:04
  Malfino's back what? About Bruce Hill.
• 1:54:06
  Judge we, I'm, I'm. Going to ask for a little more
• 1:54:09
  time. That's with Miss.
• 1:54:10
  Malfino this way for her to come, but I'm.
• 1:54:11
  Going to ask for a little more time on Mr. Hill because we're
• 1:54:14
  negotiating, but we don't have it on that.
• 1:54:15
  All right, I'll call in. Case she gets backed in.
• 1:54:28
  Mr. Lewis, you've got Justin Wallace.
• 1:54:38
  Morning you were. You were stuck over on the side.
• 1:54:42
  I didn't see you. Good morning, Sir.
• 1:54:44
  You're Justin Wallace. This is 20. 4 DCCR 1590 and Mr.
• 1:54:50
  Wallace's. Case is set.
• 1:54:51
  For trial on for the 23rd and what is the announcement?
• 1:54:55
  Where did you stay ready for trials?
• 1:54:57
  All right, then what'll happen is.
• 1:55:01
  I will, surely. Interrupt a thing there may be.
• 1:55:04
  Something that. We need to address.
• 1:55:06
  Is this the one where I. Did the habitual or am I?
• 1:55:07
  Thinking of another case. No, you did on this one.
• 1:55:11
  I did on this notice of intent. Well, yes, Judge.
• 1:55:14
  I I found a. 19. 90. Seven federal.
• 1:55:18
  Conviction for a position of controlled substance and I've
• 1:55:20
  added that to the previous felony conviction.
• 1:55:23
  This defendant has from 2006 a felony position of a controlled
• 1:55:26
  substance case. I believe it makes him subject
• 1:55:28
  to being a a virtual offender and I filed a notice judge so it
• 1:55:36
  looks. Like when we did the initial
• 1:55:38
  plea bargain rejection that Mister Wallace was admonished
• 1:55:44
  with regard to 1st degree felony punishment.
• 1:55:46
  Have you discussed with him the other the new possible
• 1:55:50
  consequences based on that those convictions?
• 1:55:53
  I have Judge, I've got him. He's.
• 1:55:54
  Come to the office and we. Discussed that last week after
• 1:55:57
  my talk to Mr. Cole So I just want to make sure you understand
• 1:56:00
  Mr. Wallace, before I number the cases for.
• 1:56:03
  Trial for the 20. 3rd that if you go to trial and you're found
• 1:56:06
  guilty and those prior convictions are true, that
• 1:56:09
  changes your potential punishment to minimum of 25
• 1:56:13
  years. Up to 90.
• 1:56:14
  Nine years of life, you understand.
• 1:56:16
  And do you want to reject that and move forward with your
• 1:56:19
  trial? All right.
• 1:56:20
  I do want to make sure that you understand that after today, I
• 1:56:23
  will not accept plea agreements unless some new information or
• 1:56:26
  evidence comes to light that the attorneys did not know for some
• 1:56:29
  reason. Other than that, what I'll do is
• 1:56:31
  tomorrow after the docket set the trial order, Mr. Lewis will
• 1:56:36
  know and let you know when. You need to.
• 1:56:37
  Be back on the 23rd. All right, We'll see you then.
• 1:56:39
  Thank you. Yes.
• 1:56:40
  Sir, thank you. Yes, Sir.
• 1:56:43
  Yeah. All right, friends, let's stay
• 1:56:48
  in. Texas, but we'll have the San
• 1:56:50
  Antonio and continue with our commitment to 9:00 to 11:00.
• 1:56:53
  Percent more Judge Boyd in 2025 CR 002639 State versus.
• 1:56:59
  Michael Michael Anthony Foss, Could I have parties announce
• 1:57:03
  for the record Arlene Gay for the defendant.
• 1:57:07
  And are you Mr. Foss? All right?
• 1:57:10
  You entered a plea of true to violations 2 and four on
• 1:57:14
  February 6th. The court found that there was
• 1:57:18
  sufficient evidence to find it. Sure.
• 1:57:20
  The court found it true. And so we're here today for
• 1:57:24
  witnesses to be presented. We do have a witness, all right.
• 1:57:27
  And state, do you have any witnesses?
• 1:57:29
  All right, defense. You may call your witness.
• 1:57:31
  The defense calls Priscilla Garcia Garza.
• 1:57:36
  I'm sorry, Garza, he is in the courtroom.
• 1:57:40
  Mr. Fox, put your back against the.
• 1:58:03
  Counter We Can you raise your right hand for me, please?
• 1:58:06
  Do you solemnly swear from the testimony you give will be the
• 1:58:08
  truth and nothing but? The truth.
• 1:58:09
  So I hope you got all right. You can lower your hand if
• 1:58:11
  you'll state your name for the record, or you may proceed.
• 1:58:16
  Miss Garza. How do you know Michael?
• 1:58:19
  He's my fiance. And where do you live?
• 1:58:22
  Do you live here in San Antonio? And who do you live with?
• 1:58:27
  And I'm only staying on my mom. OK, who lives with you?
• 1:58:31
  Me, my mom and my is 2.2 step sons.
• 1:58:34
  So you have two step sons? And do you and Michael have any
• 1:58:39
  children together? Biological.
• 1:58:40
  No mom. And just what are their ages?
• 1:58:45
  1:00 to 12:00. And you have 1 to 8 and you are
• 1:58:49
  the the kids were staying with you.
• 1:58:53
  Was that due to Michael not being able to live in the home
• 1:58:57
  with you and the children, he wasn't able to stay there?
• 1:59:03
  And is it your understanding that that was a court order when
• 1:59:06
  he was sentenced and and you are caring for his children?
• 1:59:17
  And do you plan to get married it's you have a date or no right
• 1:59:24
  now I just got the paper for. Him to sign because he's not
• 1:59:26
  able to. Be there nothing absolutely like
• 1:59:32
  a marriage by proxy or is that what you're talking about like
• 1:59:34
  getting married without him being present or if it's
• 1:59:38
  possible? Yeah, yeah, just in case
• 1:59:39
  whatever the court rules today. OK.
• 1:59:42
  And are you asking the judge to continue him on his deferred?
• 1:59:50
  Yes, actually I am. And was he a good provider to
• 1:59:56
  you and his children? Yes, he was.
• 1:59:59
  And the one he's the only provider is I got to stay at
• 2:00:04
  home and I take make sure the kids are OK so they go to
• 2:00:07
  school. He's the only one and.
• 2:00:15
  Is there anything else that? You want the judge to.
• 2:00:17
  Know that you've. Not already told them.
• 2:00:23
  Yes, I know that his boy's missing when I'm home and his
• 2:00:26
  children are present but not in the courtroom.
• 2:00:28
  Is that correct? I'll pass the witness, ma'am.
• 2:00:34
  I'm sorry, what was that? Christina Garza.
• 2:00:37
  Christina Garza. OK, Karen, so how long have you
• 2:00:40
  been in a relationship with the defendant?
• 2:00:43
  9 years. Nine years, So dual.
• 2:00:46
  We're in a relationship. With.
• 2:00:48
  Each other when this actual 711 occurred yes, OK and so then you
• 2:00:54
  know we're also in relationship when he's based on probation and
• 2:00:59
  April of 2025 is that correct OK.
• 2:01:03
  And. When he was granted probation
• 2:01:06
  originally were. You.
• 2:01:07
  Aware that he had a condition of an electronic leg monitoring
• 2:01:12
  device, well, you stayed on his. Script, yes, OK.
• 2:01:17
  And then at some point that GPS device was.
• 2:01:20
  Removed. Are you aware?
• 2:01:21
  Of that, yes, his his probation officer asked to be asked for it
• 2:01:25
  to be removed. OK.
• 2:01:26
  And then after it was removed, were you aware that the
• 2:01:29
  probation department never heard from?
• 2:01:30
  Him again. OK.
• 2:01:34
  Was he living with you? No, he wasn't allowed.
• 2:01:36
  To stay with me and the boys. OK, so where was he living?
• 2:01:40
  What? The address of 3/18 was
• 2:01:41
  available? OK.
• 2:01:44
  And who lives at who else lives upgrades when he wasn't right
• 2:01:46
  there? His grandfather.
• 2:01:48
  And his uncle? And were.
• 2:01:51
  You aware that the probation office made multiple probe?
• 2:01:54
  Visits to that location. And the people that lived there
• 2:01:57
  said that the defendant was no longer living there.
• 2:02:00
  I'm going to object to hearsay, right?
• 2:02:02
  That'll be sustained. OK.
• 2:02:09
  Were you? Aware that the probation office.
• 2:02:11
  Made multiple. Visits filled visits to that.
• 2:02:14
  Location your honor, I'm gonna the facts not not in evidence at
• 2:02:17
  this time all right that we're. Going to object.
• 2:02:19
  And I'll be a hearsay that will be overruled.
• 2:02:23
  Were you aware that the probation office made multiple
• 2:02:25
  filled visits to that location and were you aware that the
• 2:02:29
  probation office was any of this harm question there at that
• 2:02:32
  location and objection also that'll be overruled.
• 2:02:37
  I know most of the time when they probably when they did go,
• 2:02:39
  he was at work because he did. He did work because that.
• 2:02:42
  Was one of his conditions on on his probation where was he
• 2:02:45
  working? He was working for a payment
• 2:02:48
  company and so I guess you're. You were unable.
• 2:02:55
  To contact. With him as condition of.
• 2:02:56
  Probation or he would just call and he'll visit the boys.
• 2:02:59
  I know he was told to be under supervision to visit the boys,
• 2:03:02
  but he never. Sometimes he did that, I was
• 2:03:04
  there, but sometimes he didn't because he always worked.
• 2:03:07
  He like I said, he's the main provider for me and his boys so
• 2:03:13
  and he's always, always working so.
• 2:03:15
  I correct me if I'm. Wrong but.
• 2:03:18
  The children, they're his biological children.
• 2:03:20
  That you're just. Taking care of them, right?
• 2:03:21
  Yes. OK.
• 2:03:23
  And you said that he's the only provider, so we don't have
• 2:03:26
  things going on, OK. And so you're asking this court
• 2:03:34
  for him to stay on? And he has.
• 2:03:41
  Not been reporting like what facts?
• 2:03:46
  Are you relying on to ask the court to continue?
• 2:03:48
  With them, well the facts is y'all are.
• 2:03:49
  Asking him to work. So if he's supposed to work and
• 2:03:52
  he's not supposed to be there at the house when they go do a
• 2:03:54
  field visit or whatever, how is that supposed to be possible?
• 2:03:58
  Because because sometimes they do pop ups and he's at work.
• 2:04:02
  Well, that's why there are multiple conditions in place.
• 2:04:05
  So are you aware that he was also supposed to report?
• 2:04:08
  To the probation. Office and he would defend A
• 2:04:11
  violation that he fled true to is that he was not reporting.
• 2:04:15
  Before when he. First got on it, he was
• 2:04:17
  reporting that the ankle monitor on, right?
• 2:04:20
  Yes. And once the ankle monitor was
• 2:04:23
  removed? He pled true.
• 2:04:25
  To. Not reporting to.
• 2:04:26
  Elevation OK, well I'm not aware of that because he was just
• 2:04:30
  saying with me OK and so you're. Asking this court, even though
• 2:04:33
  you. Have no facts on how he's
• 2:04:36
  performed on probation and they're coming up here and not
• 2:04:39
  going to support the container or he.
• 2:04:40
  Does have two kids that he needs.
• 2:04:41
  To help me take care of, there's two boys.
• 2:04:44
  You try raising two boys on your own.
• 2:04:47
  When I'm not the biological mom, I'm the stepmom.
• 2:04:51
  Don't you think that perfect time?
• 2:04:53
  For him to think of his two children was when he was
• 2:04:55
  stabbing someone, not when he's on probation.
• 2:04:58
  Can I please leave? No.
• 2:05:00
  No, dear, you cannot. Your Honor, I believe that
• 2:05:02
  that's a harassing. Question.
• 2:05:04
  Is there a legal objection? Yes, Your Honor that it's not
• 2:05:07
  relevant or material and then and it is harassing regards to
• 2:05:11
  relevancy, the court will sustain the objection.
• 2:05:14
  All right, any further questions?
• 2:05:16
  No further questions. Thank you so much for coming in.
• 2:05:19
  Call your next witness. I'll call my client.
• 2:05:29
  Can you raise your right hand for me, please?
• 2:05:31
  Do you solely swear? Affirm.
• 2:05:32
  The testimony you give will be the truth.
• 2:05:34
  And that's about the truth. So help you God.
• 2:05:36
  All right, you can lower your hand if you'll state your name
• 2:05:38
  for the record, Michael Anthony Foss.
• 2:05:40
  All right, defense, you may proceed.
• 2:05:43
  Mr. Foss, before you were putting Don deferred.
• 2:05:49
  You got custody of your children, correct?
• 2:05:53
  About a year before, Two years before, Yes.
• 2:05:58
  Yes, ma'am. OK, so your mother of your
• 2:06:04
  children have custody, and then CPS got involved and then you
• 2:06:11
  sustained. So tell me how you got custody
• 2:06:16
  of your children. I got custody of my children,
• 2:06:23
  fighting for them. For about more than about 8
• 2:06:24
  months. While doing federal probation.
• 2:06:28
  Federal classes at the same time doing state classes and state
• 2:06:32
  and state UASI believe is what they say and they were
• 2:06:37
  coexisting with my federal PO at the same time and I found it.
• 2:06:40
  And then the judge who I believe for the, for the kids, I guess
• 2:06:48
  for CPS, the debt judge at that time and CPS, the state found
• 2:06:55
  fit after all my certificates while I was wrestling with
• 2:06:58
  federal probations and state agencies at the same time while
• 2:07:03
  working a full time job supporting my kids that they
• 2:07:08
  found that I fit. I was fit to be the father and
• 2:07:11
  they. Found fit to terminate the
• 2:07:12
  rights of their. Biological mother and so you
• 2:07:17
  have custody, you have your. Fiance and.
• 2:07:21
  How many households were you supporting after you got on this
• 2:07:25
  Deferred in April of 2025? OK, I will.
• 2:07:28
  When I moved here with my grandparents and my uncle, my
• 2:07:30
  grandfather, I'm sorry my grandmother passed away.
• 2:07:33
  When I moved there, of course I'm not going to take advantage
• 2:07:35
  of my family. So I'm paying rent there about
• 2:07:38
  4:55 hundred a month. I'm still supporting my case
• 2:07:41
  because I was one of the stipulation support the
• 2:07:42
  dependence. So I'm paying about 304 hundred
• 2:07:45
  debt for them. Then I'm paying my cell phone
• 2:07:47
  bill, then I'm paying you as when I go get the test, I got to
• 2:07:51
  pay for the clarity class $85 off the RIP.
• 2:07:54
  I did 5 out of 10 classes, hostility classes.
• 2:07:57
  The only reason I didn't do the other five men, I really, really
• 2:08:00
  tried to knock it out and everybody couldn't do that 5
• 2:08:02
  because the other five they wanted to do them as a
• 2:08:04
  one-on-one. I believe it was.
• 2:08:06
  And he would. He said he was going to call me,
• 2:08:09
  but I told him I had to go to work because all these places
• 2:08:11
  and that's not including my food that I was eating on the right.
• 2:08:14
  So here, here's the thing. The state recommended that you
• 2:08:18
  have deferred. What I want to know is.
• 2:08:24
  You pled true to violation of condition number. 2 so I wanted
• 2:08:28
  to know why you missed drug testing you pled true to
• 2:08:32
  violation for condition #4 so I want to know why you
• 2:08:35
  misreporting a simple fact miss what was in pain my.
• 2:08:41
  Restitution, what really called Constitution, The $4000 that I
• 2:08:46
  had to pay, I was paying on paying 2000 when I filed my
• 2:08:50
  taxes and I told Mr. But what does that mean about the not
• 2:08:53
  taking UA's? That's what I'm trying to figure
• 2:08:55
  out. Why were you not taking your?
• 2:08:56
  UA's I When I stopped recording ma'am, I didn't go take the UA's
• 2:08:59
  run because I was afraid that I. Was going to get arrested
• 2:09:02
  because he was thinking on my butt.
• 2:09:03
  OK. Do I not tell everybody if
• 2:09:05
  there's an issue with probation if you have an issue?
• 2:09:09
  Let probation know about it and if they're not addressing it,
• 2:09:11
  you come and address it with the court.
• 2:09:13
  See. Yes ma'am.
• 2:09:14
  And that. So why did you do that, I'm
• 2:09:16
  assuming? My stupidity assuming that I'm
• 2:09:19
  not going. To make it this week I assume?
• 2:09:21
  Because I never been this is the only state thing in federal when
• 2:09:28
  they tell you is you don't do it, it's but don't get into.
• 2:09:33
  But then and I was scared and I was just literally trying to buy
• 2:09:36
  time to pay this whole freak off.
• 2:09:39
  That's it. There's the whole thing off.
• 2:09:41
  You know what I mean? I was really, I was working and
• 2:09:43
  everything and I did report after the monitor was off.
• 2:09:47
  I did do several UAS after the monitor was off.
• 2:09:49
  And so when was the monitor taken off even my that
• 2:09:53
  gentleman? No, When was?
• 2:09:55
  The monitor removed. Does anyone know defense?
• 2:10:00
  Do you know when the GPS monitor was removed?
• 2:10:02
  I thought it was. It's either August or September
• 2:10:07
  state. Do you know when it was removed?
• 2:10:15
  All right, probation, July 9th. OK, July. 9th So when it was
• 2:10:25
  removed in. July 9th.
• 2:10:27
  Were there any missed? Appointments or is the first
• 2:10:32
  missed appointment in October? Does anyone know the answer?
• 2:10:40
  In September 2025 and thought really was negative the last UA.
• 2:10:53
  Was on 9/19. 2025 and it was negative, so it appears that
• 2:11:01
  something happened October and November.
• 2:11:07
  So. Does anyone?
• 2:11:10
  Know what happened? With him for October, Your
• 2:11:14
  honor, I think he was trying to explain that when he's go.
• 2:11:18
  In his officer. Was According to him putting
• 2:11:21
  pressure on him to pay these fees.
• 2:11:24
  And you know, my client is very verbal person and it wasn't I
• 2:11:32
  don't I think there was a just a not a meeting of the minds that
• 2:11:36
  that this court would never revoke somebody for monies.
• 2:11:40
  You don't have debtors. But he was getting pressure that
• 2:11:43
  he had to pay this money and he's supporting 2 households in
• 2:11:47
  in in at this time and he is working.
• 2:11:54
  And I want to talk a little bit about work because he had.
• 2:11:57
  When one job would. Would not would stop.
• 2:12:01
  He would get another one in between.
• 2:12:03
  He's a painter, so if they didn't have a house to paint, he
• 2:12:06
  would go and he worked with another person to get to be
• 2:12:10
  working this entire time to support his children and to to
• 2:12:15
  support these two households. And he does not get subsidy from
• 2:12:20
  CPS case. He is the biological dad.
• 2:12:23
  He did get custody of his his father.
• 2:12:25
  And your honor, I did go back and and look at the sentencing
• 2:12:30
  on YouTube and some of I couldn't hear everything because
• 2:12:34
  I think there was an audio problem.
• 2:12:37
  But I think the court had concerns of why he couldn't live
• 2:12:42
  with his children. And the concerns were the nature
• 2:12:46
  of the offense. And there the court wanted to
• 2:12:51
  make sure he was not gang affiliated.
• 2:12:54
  Those were the two things that that the court expressed say,
• 2:12:58
  hey, but we can change that. And you did say that.
• 2:13:01
  And according to my client, he is not gang affiliated.
• 2:13:04
  They did the the gang referral, the gang process.
• 2:13:08
  So you're telling me with the tattoo that he has on the top of
• 2:13:12
  his head, that's not gang related?
• 2:13:19
  Nobody loves San Antonio that much.
• 2:13:21
  I mean, I think San Antonio is a great place to stay, obviously,
• 2:13:24
  because I'm. Here, but usually those are gang
• 2:13:27
  affiliations that did you do your gang evaluation?
• 2:13:32
  Yes, I did. You you ordered it under.
• 2:13:35
  Custody, as a matter of fact, he had.
• 2:13:37
  To and that was correct. He had to stay in custody to do
• 2:13:40
  his tap. Evaluation and they were going
• 2:13:43
  to do the gang affiliation or gang affiliation completed.
• 2:15:23
  He was completed on the 15th of May last year.
• 2:15:27
  And what were the results? He determined there was no
• 2:15:43
  affiliation. That's shocking.
• 2:15:47
  And he is. He did whisper to me that he is
• 2:15:50
  in. He's yeah.
• 2:15:53
  So he's not with the gang, with any type of gang in the jail.
• 2:15:58
  All right, State, what are you requesting?
• 2:16:03
  All right. This is what the court is.
• 2:16:06
  Going to do. I'm going to give you 2 choices.
• 2:16:08
  There are no other choices. These are your only choices.
• 2:16:11
  Do you understand? All right, one, I do note that
• 2:16:15
  the state was not this prosecutor, but the previous
• 2:16:18
  prosecutor asked for four years deferred.
• 2:16:20
  So the court placed you on five years deferred adjudication
• 2:16:23
  based upon my review of everything.
• 2:16:26
  So one, I will revoke you, sentence you to two years in the
• 2:16:31
  prison, or two, I'll continue you and you're going to be on
• 2:16:34
  GPS until further notice and it'll be GPS for employment
• 2:16:37
  only. Which do you prefer?
• 2:16:39
  Let me step back, Your Honor. Thank you, Your honor.
• 2:17:00
  All right. Well, we'll come.
• 2:17:00
  Back and see what they decide. In the meantime, let's go.
• 2:17:05
  Where do we want to go, Stevens? Let's go back there.
• 2:17:09
  And Mr. Spent. Has a long day, so she spent.
• 2:17:11
  Diamond, you don't know I. Think it's a week or so?
• 2:17:14
  And something as much time figure out how to do both
• 2:17:18
  things. Is that OK?
• 2:17:26
  Let's see, what we've got here is theft of service.
• 2:17:29
  Thank you. Felony.
• 2:17:31
  What's what's new, Your Honor? He was indicted on a new
• 2:17:36
  possession of controlled substance case just.
• 2:17:40
  Possession of a controlled substance case, So Mr. W is
• 2:17:43
  asking. If he can have some time.
• 2:17:44
  To work them out. Together give me the indictment,
• 2:17:46
  or can you give me? Any.
• 2:17:47
  Information about this thank. You Here's the indictment on
• 2:17:54
  that. Different.
• 2:18:35
  No. Hey, guys.
• 2:19:29
  He's indicted May of 24 for an offense that allegedly occurred
• 2:19:42
  January 27th to 2024. State jail felony of death.
• 2:19:53
  Then apparently he's not arrested for a while.
• 2:19:58
  I think that's true until he gets arrested for the state jail
• 2:20:04
  felony of meth methamphetamine. Which occurs on February 12th,
• 2:20:10
  20. 25 is the. Allegation of the offense.
• 2:20:12
  And that's when he isn't. That's the day he finds himself
• 2:20:16
  in custody and he's before a judge the next day on 2/13/25
• 2:20:25
  year ago. And he's given a $6000 bond for
• 2:20:30
  the theft and 10,000 for the possession of drugs and.
• 2:20:41
  You also have a. A.
• 2:20:46
  Drug patch as a condition upon. No, no, you do.
• 2:20:51
  I just ordered it. You're going to have to have a
• 2:20:54
  drug patch. You got 24 hours to get around,
• 2:20:56
  48 hours to get around. But why that wasn't done is
• 2:21:00
  beyond me. It's not in every drug case,
• 2:21:04
  especially nothing 70. I don't know what the JP was
• 2:21:10
  thinking about. It's not a debate and the drug,
• 2:21:18
  it's a patch. You check, it shows up positive,
• 2:21:21
  you'll sit in jail. Until we can get.
• 2:21:23
  This done. Reset, reset.
• 2:21:37
  Reset, reset, reset. No more resets.
• 2:21:41
  What are we doing today? Well, like I said, I was trying
• 2:21:44
  to go over this new case to figure out what's going on and
• 2:21:47
  what new case is it or the new truck case just got rendited.
• 2:21:51
  I didn't well, that we're set for trial on the theft of.
• 2:21:54
  Service, Your Honor. The new case I provided an offer
• 2:21:57
  to. Mr. W to work them both out
• 2:21:59
  together. He just hasn't had an
• 2:22:00
  opportunity to review discovery everything but he the state's
• 2:22:05
  ready on the theft of service if we need a year ago.
• 2:22:08
  A year ago. He was.
• 2:22:10
  He knew that that. Was y'all knew that that was
• 2:22:14
  coming down to comment? He does judge the ruin went
• 2:22:22
  methodically and slowly and he had to post 2 bonds.
• 2:22:25
  You had to know that. All right, that's it.
• 2:22:29
  Thank you. Just for me.
• 2:22:32
  That's my copy. I just let you review it.
• 2:22:36
  I can. Print you one.
• 2:22:40
  The 20. 5th 0129 It might not be, yeah.
• 2:22:49
  No, you want me? To.
• 2:22:51
  Try find it for you. No the the.
• 2:22:55
  Indictment's good enough. That's really all.
• 2:22:58
  There is, yes, today. What are you doing today?
• 2:23:02
  I would I'd ask for a reset. On this.
• 2:23:05
  One of Charles go over. This before you.
• 2:23:07
  Ask for the reset. We're still.
• 2:23:09
  We got all. I'm just.
• 2:23:09
  Gonna go over to the sky brain and show my client this new
• 2:23:11
  case. So when you get, I mean, we can
• 2:23:13
  even take a short reset if you want to give us some time.
• 2:23:15
  So I can actually discover in my client.
• 2:23:17
  Yeah, that's fine. 2 OK reset 2 weeks.
• 2:23:23
  Reset. From her.
• 2:23:24
  Thank you. To give you 1 available.
• 2:23:27
  Yeah, let's. All right, Let's go back to
• 2:23:31
  Judge Boyd's court. It's not the.
• 2:23:33
  Defendant That. We left, but she does have a new
• 2:23:35
  contestant. Yeah, how are you was.
• 2:23:47
  It back. Please.
• 2:23:48
  OK. All right.
• 2:23:50
  Hello. All right.
• 2:23:52
  Court is calling 2023 CR 2781 State versus Titus Ramirez.
• 2:23:57
  Can I have parties announced? Thanks to Chief for Mr. Ramirez,
• 2:24:01
  Jeff. And are you Mr. Ramirez?
• 2:24:02
  All right? Did you?
• 2:24:04
  Review the document entitled. Motion to enter adjudication of
• 2:24:06
  guilt and revoke community supervision with your attorney.
• 2:24:09
  Did you understand it? Are you the same Titus Ramirez
• 2:24:13
  who's placed on deferred adjudication IN2023CR2781 for
• 2:24:18
  the offense of failure to stop and render aid on August 28th,
• 2:24:21
  2023 for a period of five years? All right, state you may
• 2:24:25
  proceed. Question number do you honor
• 2:24:28
  about the 25th day of June 2024 in their party Texas, the
• 2:24:33
  defendant Titus Jeremy Ramirez did then Mayer failed to submit
• 2:24:38
  to direct testing as directed by the court supervision officer
• 2:24:42
  and or a duly authorized agent of the court in violation
• 2:24:45
  Commission #2 How do you plead to that true or not true?
• 2:24:50
  How do you plead to that? True or not true?
• 2:24:52
  Sorry. It's not true while the June.
• 2:24:55
  24th I'm sorry, June 2020. 4 date, is that true?
• 2:24:59
  Or not true. That's true.
• 2:25:04
  OK. Do you honor about the 24th date
• 2:25:08
  of July 2024 in Bear County, Texas, The.
• 2:25:11
  Defendant Titus Jeremy Ramirez did them in there, failed to
• 2:25:15
  submit to drug testing as directed by the sport flash
• 2:25:18
  supervision officer or duly authorized agent of the court in
• 2:25:21
  violation of condition number 2. Are you plead to that true or
• 2:25:24
  not true violated condition #2 on or about the 30th day of
• 2:25:29
  August, 2000? 24.
• 2:25:31
  In this from the Texas defendant Titus Jeremy Ramirez did then
• 2:25:35
  and there fail to submit to drug testing as directed by the court
• 2:25:39
  supervision officer or do offerings even by the court in
• 2:25:42
  violation of condition #2 how do you plead to that?
• 2:25:45
  True or not true? It's true.
• 2:25:48
  The state will waive the remaining any objection?
• 2:25:51
  No, ma'am. Did you stand by?
• 2:25:53
  Pleading true to two, two and two, the court.
• 2:25:56
  Could find it true. Grant the motion, find you
• 2:25:58
  guilty, sentence you up to five years in the prison and up to
• 2:26:01
  $5000 fine. Do you understand that?
• 2:26:06
  That's fine. Knowing that, do you?
• 2:26:08
  Still wish to plead true to 22. And two, this one court will
• 2:26:13
  find 2 two and two true. Is there a?
• 2:26:16
  Proposed Agreement. That we grant speech motion,
• 2:26:22
  enter an adjudication of guilt and defense.
• 2:26:26
  What are you requesting? Well, Judge, obviously not that
• 2:26:30
  the the recommendation, so the court is aware that is.
• 2:26:33
  Being made by probation is keep them on probation.
• 2:26:37
  They have a slew of of treatments that they are
• 2:26:41
  recommending to the court. I'd be more in line with that.
• 2:26:45
  That includes that if an MRT, Mr. Ramirez, I, you know, this
• 2:26:51
  is not very unique, but he's just one of those guys.
• 2:26:55
  That, you know, stepped off the. Line and never ever found his
• 2:26:59
  way back. So why isn't he?
• 2:27:01
  Taking his drug tests, I, I mean, I'll, I asked him the.
• 2:27:05
  Same thing what happened? He became homeless.
• 2:27:07
  He he was checking in for a. While I think he had a good
• 2:27:09
  solid beginning to his probation and then he became homeless and
• 2:27:13
  I, you know, I see that this is the first motion to revoke since
• 2:27:17
  he was placed on probation in 2020.
• 2:27:19
  Three. It appears it appears that way,
• 2:27:21
  and admittedly on paper he he, he does not.
• 2:27:26
  You know, look like a great candidate that being homeless, I
• 2:27:29
  can't imagine doing anything in life, especially being on
• 2:27:32
  probation. He's he's more stabilized now.
• 2:27:34
  Apparently his parents have accepted him into his home.
• 2:27:36
  He tells me that he has been working for the past eight
• 2:27:39
  months. And I asked him, why didn't you
• 2:27:40
  come back after that? And of course, it's the trap
• 2:27:43
  they all fall in. Once the warrant goes out, they
• 2:27:45
  feel like all hope is lost and it doesn't matter, so they just
• 2:27:48
  stay away. All right, Any objection to the
• 2:27:50
  court reviewing the court summary?
• 2:27:51
  OK, he, he would like treatment.
• 2:28:03
  I'll let the court read the summary.
• 2:28:04
  But he definitely would be interested in residential
• 2:28:06
  treatment. He feels it would help us.
• 2:28:07
  All right, this is what the court is going to do 1.
• 2:28:16
  I can revoke you and I'll send it to to four years or I'll
• 2:28:20
  continue you, but you're going to be an inpatient treatment.
• 2:28:22
  Which do you prefer inpatient treatment now?
• 2:28:26
  All right. The court will deny the motion.
• 2:28:30
  Alternate main. Conditions to include SATA and
• 2:28:40
  portable alcohol. Monitoring for one year.
• 2:28:47
  There should be no. Driving.
• 2:28:53
  There should be. Regular random UA.
• 2:28:59
  'S. Field visits one time per month.
• 2:29:03
  Until further notice. Probation.
• 2:29:14
  The court is recommending SATA, however I see that he has a tap.
• 2:29:18
  Evaluation scheduled for February 12th, 26th, 2026.
• 2:29:25
  If the TAB evaluation recommends something more intensive than
• 2:29:30
  we'll go with the TAP recommendation.
• 2:29:33
  If they're just recommending supportive outpatient,
• 2:29:36
  outpatient treatment, we're going to go with SATA.
• 2:29:41
  All right. Is there anything?
• 2:29:43
  Else you need from the court probation.
• 2:29:47
  Is there anything else that's needed?
• 2:29:48
  Hey, Robin. All right, state your excuse.
• 2:29:53
  Thank you. Here's the thing.
• 2:29:55
  From here on out, everything you.
• 2:29:57
  Do you need to ask yourself, could this potentially result in
• 2:29:59
  me being imprisoned for five years?
• 2:30:01
  If the answer is yes, don't do it.
• 2:30:03
  And I'm going to tell you what I tell everybody, if there's an
• 2:30:06
  issue that probation, know about it.
• 2:30:08
  If you feel they're not addressing it, you can come back
• 2:30:10
  to the court. Do you understand?
• 2:30:11
  Yes, I do. Thank you.
• 2:30:12
  All right. Good luck to you.
• 2:30:14
  Thank you. Are the parties ready?
• 2:30:16
  On Mr. Pause. All right, we're back on the
• 2:30:43
  record in 2025 CR 00. 2639. Which do you prefer?
• 2:30:53
  OK. So are you waiving your right to
• 2:31:00
  appeal? Yes, All right.
• 2:31:04
  We're just going to grant the motion revoke.
• 2:31:24
  What is going to sentence you to two years in the prison?
• 2:31:30
  Your credit for any time served. There's an affirmative finding
• 2:31:33
  of deadly weapons. And there's to be no contact
• 2:31:37
  with the complainant. Review the document inside a
• 2:31:50
  trial court certification of defendants rights to appeal with
• 2:31:53
  your attorney. Did you understand?
• 2:31:54
  It all right because this is a felony conviction you're not
• 2:31:59
  allowed to own. Or possess any weapons or
• 2:32:01
  ammunition. If you have a question over what
• 2:32:03
  that is, you'll need to speak to an attorney.
• 2:32:06
  And because you waived your right to appeal, you do not have
• 2:32:08
  the court's permission to appeal.
• 2:32:10
  Do you understand? All right.
• 2:32:11
  Good luck to you. Thank you, Sir.
• 2:32:14
  Come on. This way.
• 2:32:17
  All right. Anyone else?
• 2:32:19
  Well know. Thyself.
• 2:32:20
  I. Guess he chose prison.
• 2:32:25
  Each their own stay in Texas go back to judge Stevens basis
• 2:32:32
  between the one she's discussing one he's got. 10. 1869 in the
• 2:32:38
  institution. I believe so.
• 2:32:51
  Okay, we got 2 cases. He's going to plead the one and
• 2:32:54
  that's going to be dismissed. Getting dismissed.
• 2:32:56
  That's correct, your Honor, all. Right, we talked. 2 cases, 24
• 2:33:02
  CR. 19011. 902. The state.
• 2:33:05
  Of Texas. Versus Jacob J Middle initial
• 2:33:09
  Houston that's you with Mr. Kemmer, your attorney and the
• 2:33:12
  state's attorney on 1901. Does the defendant made a formal
• 2:33:16
  reading of the indictment and arraignment here So we proceed
• 2:33:19
  in second. In summary, this indictment
• 2:33:22
  alleges that honor about August 17th. 2020.
• 2:33:26
  And continuing until All in honor, about December 28th, 2020
• 2:33:30
  in Jefferson County, Texas, you committed the state jail felony
• 2:33:33
  of theft. Do you understand what you're
• 2:33:35
  charged with? Speaker Yes.
• 2:33:38
  Dick OK, just. Just strain it.
• 2:33:44
  Perfect. This is a stage L.
• 2:33:48
  Felony, which means it's convicted, you face confinement
• 2:33:51
  in a stage here for any term of not less than 180 days or more
• 2:33:55
  than two years and also a fine up to $10,000 can be assessed.
• 2:34:00
  Do you understand an agreement has been reached?
• 2:34:04
  In your case, you'll be treating guilty and placed on deferred or
• 2:34:09
  unadjudicated probation. This can be.
• 2:34:12
  Up to 5. Years in the lien, there will be
• 2:34:14
  terms and conditions of probation which are normal and
• 2:34:16
  customary. The most important thing there's
• 2:34:19
  restitution owed in the amount of $10,869.
• 2:34:25
  I think I can't read that last number.
• 2:34:28
  Is it, is that even or is there a eight cents or there's no
• 2:34:32
  sense? No sense.
• 2:34:34
  Generally. There's never been cents up
• 2:34:36
  here. That was kind of a side remark.
• 2:34:46
  How are you going to pay this back, Sir?
• 2:34:47
  A little at a time, I guess, yes.
• 2:34:50
  How much are you able to pay back per month?
• 2:34:57
  Because that's really the key thing.
• 2:34:58
  Once you get it paid back, as long as you're doing fine.
• 2:35:02
  I I dismissed these cases. I just miss it's dismissed as
• 2:35:06
  long as you don't have any other problems.
• 2:35:09
  But it needs to get paid back. That's how you fix it.
• 2:35:11
  And the quicker you pay back, the quicker the damage is.
• 2:35:27
  Yes, it goes to the tech. They don't forget you that they
• 2:35:30
  make something will be. Taken away from you.
• 2:35:34
  You know by the by governments when you don't pay if you owe
• 2:35:38
  them somehow they the way they do that.
• 2:35:40
  So you want to get that done so you can move on with your life.
• 2:35:45
  Is that your understanding of the agreement as well as a
• 2:35:48
  second case will be dismissed if I follow these disagreement In
• 2:35:53
  each case, you have no right of appeal.
• 2:35:56
  You understand? How do you plead to this case?
• 2:35:59
  Guilty or not guilty? Are you pleading guilty
• 2:36:03
  voluntarily? That is on your own free will
• 2:36:06
  and because you are guilty. Yes, yes, I sure you were smart
• 2:36:11
  to State's exhibit one. Did you sign that voluntarily?
• 2:36:14
  Understand it, discuss it with your attorney.
• 2:36:15
  Are the contents true and correct?
• 2:36:17
  State's Exhibit 110 without objection, it states you are
• 2:36:22
  mentally competent to enter your guilty plea which is freely and
• 2:36:24
  voluntarily made. You know what you've been
• 2:36:26
  charged with. Looking at that you've read it.
• 2:36:28
  You are guilty of the crime charts and any lesser included
• 2:36:31
  offenses. You were giving up your rights
• 2:36:33
  to a jury trial and the rights to the appearance consultation,
• 2:36:36
  cross examination of witnesses, totally satisfied with the
• 2:36:39
  representation provided by your lawyer.
• 2:36:41
  All of this is true. It states at the bottom so help
• 2:36:43
  you God. Yes Sir.
• 2:36:44
  States exhibit one part of the record for all purposes.
• 2:36:47
  Presenters, reporters here by way, if nothing further, I will
• 2:36:51
  find as follows. You all mentally confident, Sir.
• 2:36:54
  Mr. Houston to enter your guilty plea.
• 2:36:56
  It is freely and voluntarily made.
• 2:36:59
  There is sufficient evidence supporting your guilty plea to
• 2:37:02
  find you guilty beyond a reasonable doubt from state's
• 2:37:04
  exhibit one. But time instead going to defer
• 2:37:08
  and postpone any finding of guilt so long as you follow the
• 2:37:11
  terms and conditions of probation which I have before
• 2:37:14
  me. This will be for five years and
• 2:37:19
  will be shortened if you do well.
• 2:37:22
  There will be various terms and conditions of probation which
• 2:37:26
  are normal and testimony for this type of offense.
• 2:37:29
  Most importantly, restitution is owed to the complainant in the
• 2:37:33
  amount of $10,869. It looks like tax workforce
• 2:37:37
  submission or the state entity that runs and manages that
• 2:37:44
  entity and that is as long as you do well.
• 2:37:52
  Otherwise that's really the thing that's keeping you on
• 2:37:54
  probation and then do well. Probation is the dismissed and
• 2:38:01
  the case is dismissed without a conviction.
• 2:38:05
  Can't be that judge will will that affect the prevention
• 2:38:08
  program as well? Yeah, that's that's normal and
• 2:38:10
  customary for everything for that type of offense.
• 2:38:23
  Yeah, I need to print it. Thank you.
• 2:38:29
  All right at the.
• 2:38:40
  Moment in Courtlandia, Texas is the place to be.
• 2:38:43
  So let's. Go back to Judge Boyd just
• 2:38:46
  calling 2025 CR 015674. State versus Steven yet could I
• 2:38:53
  have parties, announced Ryan, operator of the state, Danielle
• 2:38:55
  Cambricks of the defense, Associate attorney of Monica
• 2:38:58
  Guerrero, the attorney of record.
• 2:38:59
  All right. Any objections to proceeding
• 2:39:02
  with this attorney, Sir? All right, and are.
• 2:39:04
  You, Steven, yet how do you pronounce your last name?
• 2:39:08
  OK, Council, have you received all discovery?
• 2:39:11
  We have, Your Honor did. You review it with your client.
• 2:39:13
  We have, your Honor, but we'll find that the state is in
• 2:39:15
  compliance with discovery. Did you review the review the
• 2:39:18
  application for deferred adjudication and community
• 2:39:21
  supervision with your attorney? Did you understand it and did
• 2:39:24
  you sign it? Did you review the true bill of
• 2:39:26
  indictment with your attorney? Did you understand it?
• 2:39:29
  Council, do you weigh the reading of the indictment?
• 2:39:32
  State, are you proceeding on the indictment as presented?
• 2:39:35
  We are just. Sir, did you review the court
• 2:39:38
  admonishments with your attorney?
• 2:39:39
  Did you understand it and sign? It in all the appropriate
• 2:39:41
  places. Your charge of possession of a
• 2:39:44
  controlled substance penalty group 11 to 4G.
• 2:39:49
  All right, let's go off the record.
• 2:40:28
  All right. Anyone else ready?
• 2:40:33
  Second system check the. Paper Page 3 and Rodriguez all.
• 2:40:50
  Right, that's Mr. Chumbri. Oh, yes, hi, that's OK.
• 2:41:00
  Oh, that's. OK.
• 2:41:02
  And Council, you're on this side, that's right.
• 2:41:08
  So I have. Met with my client last week and
• 2:41:11
  we got an offer. There's some discovery that I'd
• 2:41:15
  like to verify that I've got everything.
• 2:41:18
  There's some videos that are pretty important on the case.
• 2:41:22
  I don't need a bunch of time, you know, maybe three weeks or
• 2:41:25
  two weeks, something like that. All right, Miss Fergus, can you
• 2:41:27
  recall this in two weeks, please?
• 2:41:30
  I would really like to just settle this.
• 2:41:31
  Today, Oh, you'll need to speak to your.
• 2:41:35
  Attorney. OK.
• 2:41:37
  All right. Well, that's different from last
• 2:41:39
  week, so OK, All right. Thank.
• 2:41:41
  You, you're welcome. So no date right now.
• 2:41:42
  Just no date right now all. Right.
• 2:41:50
  Who's next? One second, Joe.
• 2:42:04
  Well, they rack up another contestant.
• 2:42:05
  Barb just asked me in the chat if we're doing a fourth hour
• 2:42:08
  today. Yes, we are.
• 2:42:09
  I've got a couple of couple of stories to cover.
• 2:42:15
  One of them is super interesting.
• 2:42:16
  It talks. About the role of.
• 2:42:18
  AI in court proceedings shown on YouTube.
• 2:42:23
  So definitely topical to what we face in this community.
• 2:42:28
  So I want to go through that. Of course, you can join me in
• 2:42:30
  the fourth hour for your channel member.
• 2:42:31
  The link has been posted over in the Discord, so call in, say hi,
• 2:42:38
  and let me know what you think on today's cases or any other
• 2:42:41
  topic. But it does look like she's
• 2:42:49
  going to take a minute to rack up the next contestant, so let's
• 2:42:51
  go back to judge. Stevens, it's just one case,
• 2:42:57
  right? Yes, Judge.
• 2:42:58
  Yes, Sir. You're Mr. Kathy.
• 2:43:00
  Does the defendant waive a formal reading of this
• 2:43:13
  indictment and arraignment in 23 Co 15?
• 2:43:16
  9. Can we proceed in summary?
• 2:43:20
  In summary, Mr. Calhoun, this indictment as you know, states
• 2:43:24
  then on or about May 29th, 2022 in Jefferson County, Texas, it
• 2:43:29
  is alleged you committed the second degree felony of
• 2:43:31
  aggravated assault with a deadly weapon, namely A machete.
• 2:43:37
  You understand what you're charged with here.
• 2:43:40
  Now this carries with it up to 20 years in prison.
• 2:43:44
  Normally the agreement has been reached where you would be
• 2:43:56
  pleading guilty to the lesser included Class A misdemeanor of
• 2:44:00
  assault, which carries with it up to one year in the county
• 2:44:03
  jail and or a fine up to $4000. Is this your understanding of
• 2:44:13
  the agreement? Judge you have to press the
• 2:44:23
  button to erase. You would think that.
• 2:44:54
  Agreement has further been reached where you would be
• 2:44:57
  sentenced. Don't.
• 2:45:02
  Got to. Write in English because this
• 2:45:05
  scribble is It looks like 180 days in jail, times that are
• 2:45:10
  180. That's correct, Judge.
• 2:45:15
  I don't know what the credit is, but I.
• 2:45:16
  Can't give. Credit, I mean that it's.
• 2:45:18
  Got to be whatever has been served.
• 2:45:20
  He has. Yes, he has over 200 days credit
• 2:45:23
  from what my understanding is that.
• 2:45:26
  Your understanding of the agreement here?
• 2:45:29
  Yes. Mr. Calhoun Yes.
• 2:45:31
  If I follow this, you have no right of appeal of your case, do
• 2:45:34
  you understand? So how do you plead to this?
• 2:45:38
  Guilty or not guilty? Are you pleading guilty
• 2:45:42
  voluntarily? That is on your.
• 2:45:45
  Own free. Will and because you are guilty
• 2:45:49
  correct yes going to show you what's marked the state's
• 2:45:53
  exhibit one did you sign this understand it discuss it with
• 2:45:59
  your attorney or the contents alter incorrect signed it all is
• 2:46:06
  right OK state's exhibit. One is tendered.
• 2:46:09
  Into evidence. No objects without objection,
• 2:46:12
  it's admitted. Among other things, this states
• 2:46:14
  you were. Mentally competent to enter.
• 2:46:16
  Your guilty plea, it's freely and voluntarily made you know
• 2:46:19
  what you've been charged with you and that it's been read to
• 2:46:21
  you. You've read it.
• 2:46:22
  You are guilty of the crime charged and any lesser included
• 2:46:24
  offenses. You are giving up your rights to
• 2:46:27
  a jury trial and the rights to the appearance, confrontation,
• 2:46:29
  cross examination of witnesses, totally satisfied with the
• 2:46:32
  representation provided by your lawyer.
• 2:46:34
  All true. So help you guys the states
• 2:46:37
  exhibit one part of the record for all purposes pre sentence
• 2:46:39
  report is hereby waived. Yes, you are.
• 2:46:41
  I'm going to follow this agreement if nothing further and
• 2:46:45
  I'm going to find. That.
• 2:46:46
  You or you have entered into an agreement with the state where
• 2:46:52
  the State will be disposing of this case by way of a Class A
• 2:46:55
  misdemeanor, A lesser included Class A misdemeanor to this
• 2:46:59
  second degree felony of aggravated assault and you are.
• 2:47:06
  There is sufficient evidence from State's Exhibit 1 admitted
• 2:47:09
  here to support your guilty plea to find you guilty beyond a
• 2:47:12
  reasonable doubt. As I find you are mentally
• 2:47:14
  competent to enter this guilty plea, it is freely and
• 2:47:18
  voluntarily made and I am following the agreement.
• 2:47:25
  You are hereby found guilty beyond a reasonable doubt of
• 2:47:31
  this lesser included Class A misdemeanor and you were hereby
• 2:47:34
  sentence to confinement in the county jail for 180 days.
• 2:47:40
  Do you understand what has happened?
• 2:47:41
  Today. Sir.
• 2:47:43
  You'll be given credit. For time, you have served in
• 2:47:47
  accordance with this case and according to every.
• 2:47:50
  What everybody is. Saying it's, it's 180 days.
• 2:47:55
  Although somebody wrote something here that does not
• 2:47:58
  look like an eighth looks like it's fix that on credit.
• 2:48:05
  OK. You know, always to make a
• 2:48:36
  device. This is the most awkward design.
• 2:48:40
  They didn't ask me, Judge. Yes, Sir.
• 2:48:49
  That's great, but that's progress, All right.
• 2:48:53
  Anything else you're making it, I think.
• 2:48:56
  I think that is done. Yeah.
• 2:49:00
  I I'm not sure what happens on this.
• 2:49:03
  He get taken into. Custody.
• 2:49:05
  And and then they verify it and then he's released.
• 2:49:10
  I think that has to be done that way.
• 2:49:11
  I just don't think we'll give. Yeah, you're going to take care
• 2:49:14
  of it. You may have to.
• 2:49:19
  Be checked in and then. They verify everything and then
• 2:49:22
  you get released. But it's a.
• 2:49:24
  Formality. So Michael just put in the chat.
• 2:49:29
  Yeah, my. Guess is that it must have been.
• 2:49:31
  A shaky case for the. Prosecutor So they pled down to
• 2:49:35
  a Class A Michael, once again, you and I, eye to eye.
• 2:49:38
  I was just forming that same thought as you typed it.
• 2:49:44
  You know, I always have to suspect that when these these
• 2:49:46
  deals fall so much off of the initial charge, there has to be
• 2:49:51
  some issue there. An uncooperative written
• 2:49:55
  witness, shaky evidence. There's something.
• 2:49:58
  Anyways, back to judge. She's going to
• 2:50:24
  give. It back to you.
• 2:50:55
  24 CR 777 is now called the State of Texas versus Christian
• 2:51:01
  Armani. That's you, president.
• 2:51:05
  Mr. W you're returning the state's attorney.
• 2:51:07
  And does the defendant wave a formal reading of the indictment
• 2:51:10
  and arraignment here? Can we proceed in summary?
• 2:51:12
  In summary, this indictment alleges that on or about March
• 2:51:15
  5th, 2024, in Jefferson County, Texas, you committed the first
• 2:51:19
  degree felony of aggravated robbery, which carries with it
• 2:51:25
  up to life imprisonment. Do you understand what you're
• 2:51:27
  charged with here? Yes, Sir.
• 2:51:29
  But that's not what we're going to be doing, right?
• 2:51:31
  Well, we need to write all that down when it's, I thought I'd
• 2:51:36
  check the second because it drops it to the first set, but
• 2:51:38
  we're going to just we're, we're abandoning the aggravated points
• 2:51:41
  of stone. I understand.
• 2:51:42
  Let me see it written here. OK.
• 2:52:11
  Defendant pleads to lesser included Roberts.
• 2:52:15
  Is that all right? Is that correct?
• 2:52:17
  Correct. Initially, yes.
• 2:52:20
  That would be a second degree felony, Sir, which carries with
• 2:52:23
  it no less than two nor more than 20 years confinement in
• 2:52:26
  prison and a fine up to $10,000 can be assessed.
• 2:52:30
  Do you understand? Yes, Sir.
• 2:53:33
  Second degree felony Terry's with a term of not more than 20
• 2:53:38
  years, all less than two years in prison.
• 2:53:39
  In addition, a fine may be assessed not to exceed $10,000.
• 2:53:43
  Do you understand agreements been reached in your case?
• 2:53:47
  You would be pleading guilty and placed on deferred or
• 2:53:50
  unadjudicated probation for up to 10 years in length.
• 2:53:54
  There will be terms and conditions of probation which
• 2:53:56
  are normal and customary for this type of offense.
• 2:53:59
  Is that your understanding of the plan?
• 2:54:01
  If I follow this agreement, you have no right of appeal.
• 2:54:04
  Do you understand? How do you plead to discharge
• 2:54:06
  guilty? You're not guilty.
• 2:54:08
  Go ahead. Are you pleading guilty
• 2:54:10
  voluntarily? That is on your own, free.
• 2:54:13
  Will and. Because you are guilty.
• 2:54:16
  Yes, Sir. I'll show you what's marked this
• 2:54:18
  states exhibit. When did you sign that document?
• 2:54:20
  Voluntarily Understand it, Discuss it with your attorney.
• 2:54:22
  Are the contents true? Correct.
• 2:54:23
  Yes, Sir. States Exhibit 1 tendered into
• 2:54:26
  heaven objective without objection admitted among other
• 2:54:28
  things that states you are mentally competent to enter your
• 2:54:31
  guilty. Plea.
• 2:54:31
  It's freely. Involuntarily made you know what
• 2:54:34
  you've been charged with the indictment spend there to you.
• 2:54:36
  You right, you were guilty of the crime charge then any lesser
• 2:54:39
  included offenses you are giving up your rights to a jury trial
• 2:54:43
  and the rights to the appearance confrontation, cross examination
• 2:54:47
  of witnesses totally satisfied with the representation provided
• 2:54:50
  by your lawyer. So all of this is true.
• 2:54:52
  So help you God. So states exhibit one part of
• 2:54:56
  the record for all purposes. Presentence reporters waive
• 2:54:58
  pleasure. My yes, if nothing further, I
• 2:55:00
  will follow this agreement and find you are pleading guilty
• 2:55:03
  voluntarily. You are mentally confident to do
• 2:55:05
  so. You understand and appreciate
• 2:55:06
  the consequences of pleading guilty.
• 2:55:09
  There's sufficient evidence supporting your guilty pleading.
• 2:55:11
  State's Exhibit 1 admitted here to.
• 2:55:13
  Find you guilty beyond a. Reasonable balance.
• 2:55:15
  I am not going to find you guilty.
• 2:55:17
  I will defer any finding appeal so long as you follow the terms
• 2:55:20
  and conditions of probation that will be reviewed in a moment
• 2:55:23
  with you in the probation office and you will be placed on
• 2:55:27
  probation for 10 years and. Do well it gets.
• 2:55:30
  Shortened to 1/3 of that length of time.
• 2:55:33
  Which is how much? 3 Three in a second 3 1/2 That's
• 2:55:39
  what I'm gonna do, man. I think I.
• 2:55:42
  Should I don't know how to? Think of my I'm working.
• 2:55:45
  I'm working meet. All day I'm working.
• 2:55:47
  So you. Understand what's happened, you
• 2:55:49
  see. Information Officer, you're
• 2:55:50
  doing up there and you're going to get some fun.
• 2:55:54
  All right, let's rotate back to Judge Boyd for one more case
• 2:55:57
  before we enter discussion time. One moment and are.
• 2:56:04
  You star bright. Did you review the document
• 2:56:10
  entitled Motion? To enter adjudication of guilt.
• 2:56:13
  To revoke community supervision and 1st.
• 2:56:15
  Amendment. Motion to revoke.
• 2:56:16
  Community supervision with your attorney.
• 2:56:19
  Did you understand that? Are you the same Star bride?
• 2:56:22
  He was placed on deferred adjudication IN2024CR007825 for
• 2:56:28
  the Offensive Possession of Controlled Substance Penalty
• 2:56:31
  Group 11 in 4G on September 17th, 2024 for a term of eight
• 2:56:36
  years. Is that you all right, State?
• 2:56:43
  Do we? Proceed on violation condition
• 2:56:45
  #2 Specifically the honor about the 20th day of August, 2025, in
• 2:56:49
  Barrett County, Texas, The defendant star Crystal Bright,
• 2:56:52
  did then and there illegally use a controlled substance, namely
• 2:56:55
  amphetamines. Violation of condition #2 How do
• 2:56:58
  you plead to that? True or not true?
• 2:57:02
  Judge, we'll waive and abandoned many allegations.
• 2:57:04
  Any objections? Did you?
• 2:57:06
  Understand by pleading true to violation of condition number. 2
• 2:57:09
  the court could. Find you guilty.
• 2:57:10
  Grant. The motion sentence you up to 10
• 2:57:12
  years in the prison and up to a $10,000 fine doing that do you
• 2:57:16
  still wish we true to violation of condition #2 Court will find
• 2:57:21
  violation of condition number two true State What are you
• 2:57:25
  recommending? Judge will be recommending to
• 2:57:30
  waive and attend. It to DDRF this is a probation
• 2:57:34
  recommendation the defendants picked up a new drug case and
• 2:57:39
  our premium needs inpatient agreement said DDRF would
• 2:57:41
  provide and defense what are you?
• 2:57:43
  Requesting the judge, we're asking obviously something.
• 2:57:46
  Different. We're asking that should be.
• 2:57:47
  Continued on deferred. She had and and be given
• 2:57:52
  outpatient treatment. The allegations are that she was
• 2:57:55
  scheduled for outpatient treatment before, failed it to
• 2:57:59
  make 2 intakes but was doing a different program.
• 2:58:02
  Was not able to provide proof but that was not disapproved by
• 2:58:05
  the probation officer. She wants an opportunity to show
• 2:58:09
  the court she can do an outpatient treatment.
• 2:58:13
  She has three grandchildren. Her daughter needs help, 3 to
• 2:58:17
  213. She has mental health issue.
• 2:58:20
  We're going to ask that she be managed by the MEC, supervised
• 2:58:23
  by the MEC. She understands she has a
• 2:58:26
  problem. She wants help with that
• 2:58:27
  problem. She was trying to get help
• 2:58:28
  herself. She's just has some problems
• 2:58:31
  herself getting that done. She believes that she can do an
• 2:58:35
  outpatient treatment and help her daughter take care of her
• 2:58:39
  kids. That'll give her some some
• 2:58:40
  stability if you will. I think it would give an object,
• 2:58:43
  frankly, it would give her an opportunity as well to build
• 2:58:45
  some self-confidence that she can do something with her family
• 2:58:48
  useful and with for herself. She's willing to do that.
• 2:58:51
  She knows she needs help. She does have her mental health
• 2:58:56
  issues, requirement of diagnosis and anxiety that gets in the way
• 2:59:00
  of getting getting some things done by on her own.
• 2:59:06
  With with Milk's neck supervision and her agreement.
• 2:59:09
  To do an outpatient, whatever the probation says, outpatient
• 2:59:13
  treatment, she believes she can get this thing completed all
• 2:59:17
  right. So probation I had previously
• 2:59:21
  recommending. Recommended felony drug court
• 2:59:23
  for her was she ever interviewed by then she was not eligible
• 2:59:26
  judge. All right, all right.
• 2:59:29
  Do we know why she wasn't eligible it?
• 2:59:31
  Doesn't seem just not eligible, yeah.
• 2:59:33
  It says it does not qualify in the court summary.
• 2:59:35
  Judge doesn't give a face name. Unfortunately.
• 2:59:39
  All right, so here's the thing, I think.
• 2:59:41
  You need a form of inpatient. Treatment.
• 2:59:43
  I don't know if. DDRF is appropriate or not?
• 2:59:48
  Probation. Will DDRF address any?
• 2:59:52
  Drug. Issues or just mental health
• 2:59:54
  issues? It will address both judge but
• 2:59:57
  the wait time is long, correct? All right, this is what the
• 3:00:04
  court. Is going to do the.
• 3:00:06
  Court is going to deny the motion.
• 3:00:12
  Option Amend. Conditions and what I'm going to
• 3:00:16
  want is. I'm going to run a reroute this.
• 3:00:18
  Is going to take place in custody.
• 3:00:23
  So I'm going to ask for a re referral to felony drug court.
• 3:00:26
  And if maybe you can talk to them?
• 3:00:28
  Because they do have a dual diagnosis program and they'll
• 3:00:31
  make the determination of whether inpatient treatment or
• 3:00:34
  outpatient treatment is appropriate for you and if not
• 3:00:40
  accepted. Will Safe P address mental
• 3:00:48
  health issues under the cognitive tract?
• 3:00:52
  All right, so if then if not. Accepted to that, then it will
• 3:00:57
  be. Safe P What I'm going to tell
• 3:00:59
  you is the wait time to DDRF is how long is it 13 months, 20
• 3:01:07
  months? It's about four to four to six
• 3:01:12
  months. So court would deny the motion
• 3:01:15
  after Main. Conditions.
• 3:01:17
  For the following and this is to take place in custody, there's
• 3:01:20
  to be a re referral to felony drug court defense.
• 3:01:23
  You'll talk to them, see if they'll accept her and if not
• 3:01:26
  accept it then safety is there. I'll contact real quick.
• 3:01:35
  And probation. There is to.
• 3:01:38
  Be. No unsupervised contact with
• 3:01:41
  minors. I'm sorry, what?
• 3:01:49
  That would not let her. Take care of her.
• 3:01:51
  Grandkids. I mean, she, she's not in any
• 3:01:54
  position. To be doing that right now, of
• 3:01:56
  course you know that. Will change once if she's
• 3:02:00
  accepted in felony drug court. Felony drug court will make that
• 3:02:03
  decision. If she's not accepting and
• 3:02:06
  filing drug court and she goes to safety, then she can always
• 3:02:09
  come back here and I'll reconsider it.
• 3:02:12
  But I can't in good conscience allow her to do that if she is
• 3:02:15
  not clean and sober and on, you know.
• 3:02:19
  So we're going to address it as as appropriate.
• 3:02:21
  All right. Thank you.
• 3:02:24
  OK. Okie dokie friends, good day in
• 3:02:33
  court. Nothing overly outrageous today.
• 3:02:40
  Typical things that we see, things that make us shake our
• 3:02:44
  head. People that we hope get it.
• 3:02:47
  Right, all that sort of thing. But thank you all for spending
• 3:02:50
  the last three hours with me. Let's do something a little
• 3:02:52
  different though. For hour 4, let's discuss some
• 3:02:55
  stuff. First off, your channel member,
• 3:02:56
  you can join me in this 4th hour.
• 3:02:58
  There's a link posted over in the Discord that is where you
• 3:03:01
  find it in the members announcements section.
• 3:03:04
  So if you're not signed up for the Discord and you're a member,
• 3:03:06
  you should fix that so you have access to that.
• 3:03:09
  And I will tell you, as I've told you before, if you are
• 3:03:12
  nervous about joining me online and don't want to show your
• 3:03:15
  face, which I know isn't everybody's cup of tea, you
• 3:03:17
  don't have to. Just keep your camera turned off
• 3:03:19
  and we can do it by voice. It's totally up to you.
• 3:03:22
  So there's a couple of stories that I want to get into.
• 3:03:28
  Pull them up here real quick. There we go.
• 3:03:33
  OK. So the.
• 3:03:35
  First one is a follow up. To the.
• 3:03:38
  Nancy Guthrie thing. That's Savannah Guthrie's
• 3:03:41
  mother. If you don't recall from the
• 3:03:43
  times we've talked about it last week.
• 3:03:46
  Savannah Guthrie is the Co host of the Today show on NBC.
• 3:03:51
  Her mother lives in the Tucson area, here in the same state as
• 3:03:54
  the TCF bunker. And mother just like got
• 3:03:59
  kidnapped like what about 8-9 days ago?
• 3:04:02
  Now at least. Supposedly kidnapped and there's
• 3:04:05
  a ransom out and this has been dragging on all week and there's
• 3:04:08
  been a lot of plot twists. Well, at one point though they
• 3:04:14
  then denied it, it was reported that Tommaso.
• 3:04:17
  Sione who? Is the husband of Annie Guthrie,
• 3:04:22
  who is Savannah Guthrie's Sister Nancy Guthrie's daughter.
• 3:04:27
  He was supposedly questioned about what was going on.
• 3:04:34
  Supposedly they towed his car, but on Saturday they did more.
• 3:04:42
  From the looks at it, looks of it, law enforcement was.
• 3:04:45
  Conducting a consent. Search at the home of Andy
• 3:04:47
  Guthrie again Nancy's Nancy's daughter, the Husner and Tomaso
• 3:04:53
  Sione is the husband, the daughter of Nancy Guthrie when
• 3:04:56
  they returned to her home Saturday night.
• 3:04:59
  Tom Winter. NB CS News national law
• 3:05:02
  enforcement and intelligence correspondent reported on today
• 3:05:05
  that investigators were conducting additional searches
• 3:05:08
  to check if there was any potential evidence missed during
• 3:05:11
  previous searches. Nancy Guthrie disappeared from
• 3:05:14
  her home after the family dropped her off a following a
• 3:05:17
  family dinner at the home of her daughter Annie Guthrie and
• 3:05:20
  Annie's husband Tomaso Sione on January 31st, Winter reported.
• 3:05:24
  The sons Authorities have yet to identify a suspect or a person
• 3:05:28
  of interest. It appears investigators focus
• 3:05:31
  is just to start at the beginning and see if there's
• 3:05:33
  anything where we can drive from it.
• 3:05:37
  Law enforcement was previously seen at the home of Andy Guthrie
• 3:05:39
  and Nancy's daughter for 2 1/2 hours on Saturday evening.
• 3:05:42
  They were seen leaving 10:30 PM, appearing to take photographs in
• 3:05:46
  the garage at the time, Fox News Digital observed a deputy.
• 3:05:51
  Loading a white case into the vehicle.
• 3:05:54
  Which had carried which he carried inside earlier along
• 3:05:56
  with what appeared to be a grocery size brown bag.
• 3:06:00
  So this could mean. Many, many.
• 3:06:05
  Things, of course, but. It certainly reads.
• 3:06:09
  As though the implication is law enforcement at least suspects
• 3:06:16
  that there might be a family connection here.
• 3:06:21
  And I I hope. For the sake of the family,
• 3:06:23
  there is not. But if she had dinner at Andy
• 3:06:28
  Guthrie's home that night, but supposedly.
• 3:06:32
  Went missing later. And they're searching the home.
• 3:06:35
  Then it seems they're at least exploring the possibility that
• 3:06:38
  she never made it home, or that something went down at the home
• 3:06:44
  of. Annie that later.
• 3:06:45
  Caused the abduction or something, no idea what, but it
• 3:06:51
  doesn't read all innocent. And again, I'm just, you know,
• 3:06:54
  I'm just some dude on the Internet.
• 3:06:55
  I'm not making accusations, I'm just putting together bread
• 3:06:58
  crumbs and asking the question out loud.
• 3:07:03
  Is there a family involvement here?
• 3:07:06
  And it seems to be at least suspected, doesn't it?
• 3:07:11
  Otherwise, what's the point of going to the house that is not
• 3:07:14
  the crime scene. The crime scene is Nancy's
• 3:07:18
  house, the mother. But they're putting in this time
• 3:07:22
  to go to the daughter's house. And supposedly previously they
• 3:07:25
  had looked at Tommaso Sione and his vehicle and there's
• 3:07:32
  supposedly a ransom deadline later today, but there's.
• 3:07:35
  Already been a ransom deadline that has.
• 3:07:36
  Come and passed. This is like a new deadline.
• 3:07:39
  So this is totally bizarre, this case, and I continue to keep an
• 3:07:42
  eye on it. It's not normally the kind of
• 3:07:45
  thing that that gathers my attention personally.
• 3:07:49
  It might just be because it's happening in my my home state.
• 3:07:52
  I don't know. But it's got some twists and
• 3:07:55
  turns and some things that don't make sense.
• 3:07:57
  Law enforcement dropping the ball, not necessarily paying
• 3:08:00
  attention. The other night, the chief of
• 3:08:02
  police for the area was found attending a college basketball
• 3:08:08
  game rather than being focused on his job.
• 3:08:11
  I know that ticked a lot of people off.
• 3:08:13
  So there's a lot of a lot of weirdness around this thing, so
• 3:08:17
  I'm going to continue to keep an eye on it, but you let me.
• 3:08:19
  Know what you think in the. Comments, but I definitely
• 3:08:23
  question the legitimacy of the story now that she had been.
• 3:08:29
  Abducted. I think there might be more to
• 3:08:30
  it. But like I said, I suppose time
• 3:08:34
  will tell. But.
• 3:08:36
  Moving on from that. I ran across this this.
• 3:08:43
  Morning that I want to share with you.
• 3:08:45
  This is from courthouse. News Service and it speaks so
• 3:08:49
  much into what we deal with here in the law tip community, both
• 3:08:53
  as creators and as viewers. We run across AI slop, for lack
• 3:09:01
  of a better way to put it, all the time.
• 3:09:03
  And here's an entire. Article that was written on this
• 3:09:07
  matter just a couple of days ago generative justice AI courtroom
• 3:09:12
  content could change how Americans think about.
• 3:09:15
  The law. It's an interesting promise.
• 3:09:18
  I don't necessarily disagree with it, but let's see what it
• 3:09:20
  has to say. And you can see one of the
• 3:09:25
  things they cited right here. This is an AI generated.
• 3:09:29
  Photo of this huge guy in a courtroom towering over
• 3:09:33
  everybody. Weird stuff.
• 3:09:39
  Anyways, article reads bound to a.
• 3:09:41
  Chair an unnaturally. Large defendant struggles.
• 3:09:44
  To free himself, a squad of armed sheriff's deputies
• 3:09:47
  surround him as a judge reads his sons 6700 years in federal
• 3:09:51
  prison. Take these change offs, take
• 3:09:55
  these chains off and say it again.
• 3:09:57
  The the. Convict Rumbles.
• 3:09:59
  There are many videos like it. A courtroom erupts and cheers as
• 3:10:02
  a judge dismisses a. Case against a woman who.
• 3:10:04
  Saved her neighbor's children. A teenage offender laughs as her
• 3:10:09
  victim's family weeps. Sometimes there's a narrator who
• 3:10:13
  describes these salacious legal dramas to viewers on YouTube,
• 3:10:16
  Instagram and TikTok. Many of these courtroom videos
• 3:10:20
  are racially tinged. Some of them are.
• 3:10:23
  More convincing than? Others, all of them, are fake,
• 3:10:25
  stitched together with an out of context clip, or generated
• 3:10:28
  wholesale with artificial intelligence.
• 3:10:31
  AI, we're told, would change the world, solving age-old problems
• 3:10:35
  and freeing humans from the drudgery of menial computer
• 3:10:39
  tasks. And yet, so far, at least one of
• 3:10:42
  the main uses of this groundbreaking technology has
• 3:10:44
  been to produce an endless stream of online content.
• 3:10:47
  Well, of course it has. Michael, I think you and I were
• 3:10:51
  discussing this the other day. And it might have.
• 3:10:53
  Been on in the blind, I don't recall.
• 3:10:56
  But like how most things unfortunately once it's created.
• 3:11:02
  People will find a. Way to get it into the adult
• 3:11:05
  store, you know, AI, unfortunately, is no different.
• 3:11:10
  But let's continue. Commonly known as slop, experts
• 3:11:14
  warn it's eroding public trust and a shared sense of reality.
• 3:11:17
  We're going to have a real problem in our society because
• 3:11:21
  the civilized society is built on trust mechanisms, said Edward
• 3:11:25
  Delp, a professor at Purdue. If we can't trust each other or
• 3:11:30
  things we're getting from the government, I.
• 3:11:32
  Think it's going to? Cause a lot of problems.
• 3:11:35
  He has a good point there though.
• 3:11:36
  I think government trust is a bigger issue than just AI, but
• 3:11:40
  we'll go on some slop might seem benign.
• 3:11:43
  Take videos of celebrities hugging younger versions of
• 3:11:46
  themselves, or of animals doing impossibly cute things.
• 3:11:51
  These endless video videos can have a dark side.
• 3:11:53
  Research shows that even when fake content isn't full blown
• 3:11:57
  fake news, regular exposure to it can still lead to cynicism
• 3:12:01
  and disengagement, A phenomenon sometimes called reality apathy.
• 3:12:07
  I'd be curious what that research is, but they didn't
• 3:12:09
  cite it. There's a less cute.
• 3:12:12
  Side of AI content President Trump has become a.
• 3:12:15
  Prolific poster of it using. Generative content to smear and
• 3:12:18
  embarrass his opponents. In his second term, the
• 3:12:21
  president has used the technology to create a racist
• 3:12:24
  caricature of Hakeem Jeffries as a mustachioed Mexican, a video
• 3:12:29
  of him as a pilot king dumping feces on protesters, and even
• 3:12:34
  mocking altered photo of a private citizen activist
• 3:12:37
  arrested in Minnesota. I get what you're saying, writer
• 3:12:41
  of this article, but you could leave the politics out of it.
• 3:12:45
  Focus on your point. Everything's got to go,
• 3:12:48
  politics. I swear.
• 3:12:51
  Tools capable of producing realistic looking content are
• 3:12:54
  now widely. Available to the public with
• 3:12:56
  little. Guardrails on their use.
• 3:12:58
  In 2023, Elon Musk unveiled his AI service Grok, which allowed
• 3:13:01
  users on his social media site X to create fake images of real
• 3:13:06
  people. This month, after ICE killed
• 3:13:09
  Renee Nicole Good in Minnesota, Grok was used to digitally
• 3:13:12
  undress her. The past 25 years, Delp has
• 3:13:16
  studied synthetic media manipulation.
• 3:13:18
  And media forensics. In that time, he's seen a wide
• 3:13:21
  range in the quality and or harmfulness of these fake online
• 3:13:25
  media. Some of them are funny, Delp
• 3:13:28
  said. Some of them are not good.
• 3:13:31
  When AI is used to generate content like purported police
• 3:13:35
  body Cam videos or courtroom CCTV footage, it has the
• 3:13:38
  potential to cause real social problems, Delp said.
• 3:13:42
  People will believe what they see, even if it's labeled.
• 3:13:46
  AI generated. What we may, what may have to
• 3:13:49
  happen is all of these content providers, even police body worn
• 3:13:53
  cameras, are going to have to be protected or labeled.
• 3:13:57
  How are you going to do that? Curiosity.
• 3:14:01
  Guardrails are possible. OK, explain.
• 3:14:03
  A wide range of companies are experimenting with tools like
• 3:14:06
  invisible watermarking, which embeds data about the origin
• 3:14:09
  into media, and cryptographic hashes, which could provide
• 3:14:13
  unique identifiers that also help provide provenance.
• 3:14:18
  Delps, delps, doctoral students are working on this problem,
• 3:14:22
  helping insurance companies figure out how authentic, how to
• 3:14:26
  authenticate claims. Yeah, but it's going to be a cat
• 3:14:30
  and mouse game that's already been tried digital.
• 3:14:32
  Watermarking and stuff and there are tools that.
• 3:14:34
  Can remove that, so good luck. Unlike some observers, Delph
• 3:14:40
  does not believe. AI is a bubble that.
• 3:14:42
  Might burst. Instead, he believes.
• 3:14:44
  That the technology will continue to receive buy in and
• 3:14:46
  financial support in new and unforeseen ways.
• 3:14:49
  At the same time, AI will make distinguishing between real and
• 3:14:52
  fake videos increasingly difficult.
• 3:14:55
  I'm interested in looking at where this is all going, Delph
• 3:14:57
  said. We're going to get to a position
• 3:15:00
  where these things are getting better and better.
• 3:15:02
  For now, he says the detection tools are still reasonable, but
• 3:15:07
  that the problem is most of the really good detection tools are
• 3:15:10
  not available to the public. Despite these issues, Delt
• 3:15:14
  believes education, not legislation, should be used.
• 3:15:16
  To safeguard the public. From harm.
• 3:15:20
  That's something Tory Noble, an attorney with the digital civil
• 3:15:23
  rights group Electronic Frontier Foundation, agrees with.
• 3:15:26
  In an interview, Noble stressed that there's a difference
• 3:15:29
  between a problem for society to tackle versus something there
• 3:15:33
  should be a law about. I agree with that.
• 3:15:36
  Too many laws. Well said there.
• 3:15:39
  I think that the content people consume online can, of course,
• 3:15:42
  affect their worldview, Noble said.
• 3:15:45
  I think there's evidence of that.
• 3:15:47
  I think that begs the question, what do we do?
• 3:15:50
  Speech created with AI is still speech.
• 3:15:52
  Noble says she's cautious about implementing prohibitions on
• 3:15:55
  artificially generated versions of it.
• 3:15:58
  Instead Quote. I think social media, media
• 3:16:00
  training in general and media literacy are really important,
• 3:16:03
  she said. Trying to control what
• 3:16:06
  algorithms are able to show people is a bad idea because
• 3:16:09
  whenever you put the government in the position of what they can
• 3:16:12
  or cannot show, you end up limiting First Amendment rights.
• 3:16:16
  Well, that is very true. And that is always the struggle
• 3:16:19
  that we have in this experiment called the United States is we.
• 3:16:25
  Have First Amendment. Rights and freedom of speech.
• 3:16:27
  But then we also have ways that it's manipulated and it's a
• 3:16:30
  constant cat and mouse game that's never going to change.
• 3:16:36
  One of the first legal. Thrillers.
• 3:16:38
  Was Oresteia the Oresteia trilogy?
• 3:16:41
  Rather written by a Greek playwright around 500 BC.
• 3:16:44
  Parts of it read like a heavy-handed TV procedural.
• 3:16:48
  In the 3rd and final act, a man kills his mother and revenge for
• 3:16:51
  killing his father, King Agamemnon.
• 3:16:54
  The man is granted a trial by the goddess Athena.
• 3:16:57
  His defense attorney is the God Apollo.
• 3:17:00
  When the ancient plays to modern television.
• 3:17:01
  Courtroom dramas have long shaped how the public
• 3:17:04
  understands justice, even when those portrayals are fictitious,
• 3:17:08
  fictitialized, and even when they evolve figures from Greek
• 3:17:11
  mythology. Power brokers know this.
• 3:17:14
  An amusing example from 1963 California.
• 3:17:17
  Government Governor. Edmund Brown criticized the
• 3:17:20
  popular legal procedural Perry Mason for portraying the Los
• 3:17:24
  Angeles District Attorney as a helpless, embungling lawyer who
• 3:17:27
  regularly loses cases in. A recent study from the
• 3:17:31
  University of Tennessee at Chattanooga found that media
• 3:17:33
  portrayals can. Negatively.
• 3:17:34
  Influence how people view policing and criminal justice,
• 3:17:37
  particularly for people of color.
• 3:17:39
  Likewise, in a 2006 study, William and Mary Law Review
• 3:17:43
  found the TV news, which has a profit incentive to hook viewers
• 3:17:48
  with titillating accounts of monstrous crimes, can skew
• 3:17:51
  Americans perceptions of law and justice, ultimately leading to a
• 3:17:55
  more punitive tough on crime policies.
• 3:17:57
  Still, Americans love good legal drama when it's not their own.
• 3:18:01
  A 2025 You Gov Poll found that half of America's enjoy true,
• 3:18:06
  kind content and confirm there's a reason why this channel has
• 3:18:11
  done so well in the mere 15. Months it's been around.
• 3:18:14
  People like this content, in other words, even without
• 3:18:18
  generative AI courthouse and true crime media.
• 3:18:20
  Can get into tricky. Ethical territory, I would agree
• 3:18:24
  with that. There's a reason why the way we
• 3:18:28
  do videos here is not what is typical in the law tube space.
• 3:18:34
  Most channels will try to sensationalize it with crazy
• 3:18:38
  thumbnails of outrageous expressions on judges faces and
• 3:18:43
  and defendants who are cowering or yelling back and and we just
• 3:18:48
  don't do that here. But but it's true Downer's
• 3:18:53
  views. They eaten an.
• 3:18:57
  Ohio based YouTube and Idaho. Rather based YouTube and a.
• 3:19:01
  Journalist said he regularly grapples with responsibilities
• 3:19:05
  of online content in a world where clicks translate into cash
• 3:19:09
  on his channel, East Idaho News. I've seen that Channel.
• 3:19:12
  Eaton produces a series entitled Courtroom Insider that discusses
• 3:19:15
  the insurance and outs of courtroom sagas.
• 3:19:17
  It began with coverage of the Laurie Valo trial, when he would
• 3:19:22
  produce a special recap. At the end of the day, the
• 3:19:25
  numbers went through the roof, he said.
• 3:19:26
  Since then, he continued delving into other well known cases.
• 3:19:29
  The AI generated videos are a nuisance, he said.
• 3:19:32
  Can confirm they are. Some of them have millions of
• 3:19:36
  views and the headline is so catchy, he said you won't
• 3:19:41
  believe what Brian Koburker whispered to his attorney.
• 3:19:45
  It looks real and the pictures look real, but then it's an AI
• 3:19:48
  voice reading it. If I was just trying to turn as
• 3:19:51
  many videos out a day, there's a million court cases I could be
• 3:19:54
  covering. I'm specific about the ones I
• 3:19:56
  choose. I see now Mr. Eaton and IA line
• 3:19:59
  there, it's the same thing. I'm very careful about what we
• 3:20:04
  cover, what we show, what we choose.
• 3:20:07
  And I try real hard to give you good stories and, yeah, stuff
• 3:20:11
  that's intriguing but also educational, but not, not over
• 3:20:15
  to the top ridiculous and certainly not not fake.
• 3:20:20
  There's a lot of that out there. Eaton says he tries to
• 3:20:23
  distinguish himself as a responsible journalist.
• 3:20:26
  That means. Not focusing exclusively.
• 3:20:27
  On cases that drive web traffic as well as building up trust,
• 3:20:31
  and not just with his audience, but with attorneys.
• 3:20:34
  I want to be able to educate the public on how the court system
• 3:20:37
  works, why it works, what it does, but also use terms that
• 3:20:41
  are easy to understand and make it compelling content.
• 3:20:45
  I don't want to be boring. A lot of times court terminology
• 3:20:47
  is boring and hard to understand.
• 3:20:49
  I want to. I want to be able to explain
• 3:20:51
  things clearly to the audience, along with giving victims and
• 3:20:55
  family members a place to talk. Eaton may be doing his best, but
• 3:21:01
  not all content creators are. Can confirm.
• 3:21:05
  And AI is making it easier than ever to manipulate and even
• 3:21:08
  entirely fabricate authentic seeming media.
• 3:21:11
  So far, there is still There are still few legislative or
• 3:21:15
  corporate protections to prevent these tools from being misused.
• 3:21:18
  Late last year, Open AI unveiled a social media platform that
• 3:21:22
  seamlessly produces and shares videos based on text only
• 3:21:25
  prompts. The project quickly took heat
• 3:21:28
  after creating fake content of dead celebrities as well as
• 3:21:32
  media that have infringed on copyrights.
• 3:21:34
  In January, YouTube CEO Neil Mohan wrote in the company's
• 3:21:38
  blog that it would crack down on what he deemed low quality,
• 3:21:42
  repetitive AI content. More than 1,000,000 channels use
• 3:21:45
  AI daily, he wrote in a post. Now that's funny because if you
• 3:21:48
  read the other things from Neil Mohan and you pay attention to
• 3:21:52
  the direction they're taking YouTube, they push their AI
• 3:21:57
  tools upon us. Every single day there's an
• 3:22:00
  e-mail from YouTube. Have you tried this, this AI
• 3:22:04
  tool? Are you aware that AI can do
• 3:22:06
  this for you? Let us use AI to help you do
• 3:22:09
  this for your channel. We'll suggest titles for you.
• 3:22:11
  We'll write descriptions for you.
• 3:22:13
  It is all over and it is forced upon us practically.
• 3:22:18
  But yet he's claiming that he wants to crack down on AI
• 3:22:21
  content, so I don't believe him anyways.
• 3:22:25
  These days, anyone with a free account on an AI generator can
• 3:22:28
  generate a 32nd video of a fake courtroom, Delp said.
• 3:22:32
  And with a little money, those videos get longer and more
• 3:22:34
  convincing. The tendency to believe these
• 3:22:38
  videos can be strong, Delp said. That's especially.
• 3:22:40
  When they confirm existing. Assumptions and beliefs, for
• 3:22:43
  example, that criminal defendants are inhuman monsters
• 3:22:46
  who must be trained in court as they're sentenced to thousands
• 3:22:49
  of years in prison. We're going to come to a point
• 3:22:52
  where the average person seeing content online is not going to
• 3:22:56
  know whether it's real or not. And I think a lot of people who
• 3:22:59
  watch the channel and it confirms what they already
• 3:23:02
  believe will have a tendency to believe the video.
• 3:23:04
  That's going to happen all the time.
• 3:23:10
  So I wanted to share that story with you because there's a.
• 3:23:12
  Whole lot of truth in it and. I believe that the audience we
• 3:23:16
  have here is a good audience. It's an educated audience.
• 3:23:20
  I think you guys tend to know the difference between what's
• 3:23:24
  real and what's imaginary. Though in the same respect we
• 3:23:27
  have had some instances where. Frankly, we've all stumbled
• 3:23:36
  across things where we've been fooled by it.
• 3:23:40
  Because it's easy to do, you know, we've had situations.
• 3:23:44
  Where we. You know, there's, there's
• 3:23:46
  people out there impersonating the judges, for example, using
• 3:23:50
  their names and their channels. So it looks like it's the judges
• 3:23:53
  channel, but it's not. We've seen, I've personally seen
• 3:23:58
  some AI videos where they've taken the the real judges that
• 3:24:03
  we see and yeah, they've put them in short clips doing things
• 3:24:07
  that they're not supposed to be saying or would never say.
• 3:24:11
  So there's that. This is a real problem that we
• 3:24:15
  have, but it's. Interesting that it it got.
• 3:24:18
  So big of a write up on the courtroom news service and this
• 3:24:24
  this guy that they interviewed as well who's also YouTube,
• 3:24:27
  everything he said is right. It's very hard to be out there
• 3:24:31
  and do this content and do it like legitimately and have it
• 3:24:36
  stand out. It's it's a mess out there, but
• 3:24:42
  my personal commitment to you is.
• 3:24:43
  To continue to do. Content that proper and that is
• 3:24:49
  real now. I will continue to refine how I
• 3:24:51
  present. It to you, I think there's.
• 3:24:53
  Continually better ways to tell stories.
• 3:24:57
  So and you know, I, I've always believed that the day you stop
• 3:25:02
  learning and the day that you stop getting better should be
• 3:25:04
  the same day that you pass. So I'll always strive to do it a
• 3:25:08
  little better and to make a better presentation, a more
• 3:25:14
  compelling presentation. But what I will never do is make
• 3:25:18
  it wrong or make it false. But it's, as the article pointed
• 3:25:22
  out, it's everywhere. And somehow we're going to have
• 3:25:23
  to figure out as a society how to deal with that.
• 3:25:27
  And I don't know what that answer is.
• 3:25:29
  You know, they talked about educating people with media
• 3:25:33
  literacy and whatnot. There's a lot of the population
• 3:25:38
  that's struggling with regular literacy, let alone media
• 3:25:42
  literacy. So that's a tough one, but it's
• 3:25:48
  not. Wrong.
• 3:25:48
  Either you know, you. Have to you have to take the
• 3:25:53
  time to really analyze. What you're looking at not.
• 3:25:57
  Take everything at face value. Not read the headline of a story
• 3:26:01
  and believe that that's the the truth or the whole story.
• 3:26:05
  Not look at a video that gives you 1 viewpoint and say OK.
• 3:26:09
  This is what I believe. Now, but what are some alternate
• 3:26:12
  viewpoints or what are some other ideas?
• 3:26:15
  So we do have a media literacy problem, that is true.
• 3:26:20
  What's the solution? I don't know.
• 3:26:21
  This is just like sidebar where we talk about things but.
• 3:26:23
  Solve nothing. So there you go.
• 3:26:27
  Well friends, that's pretty much what I had for you for today.
• 3:26:30
  So we'll cut it a little bit short.
• 3:26:32
  We will be back tonight though, over it in the blind.
• 3:26:35
  So do me a favor on your way out and check out that Channel and
• 3:26:39
  subscribe to it if you haven't already.
• 3:26:40
  But we'll be there tonight, 7:00 PM Eastern, 4:00 PM Pacific.
• 3:26:44
  That is me and Michael Groff and we will have an hour long show
• 3:26:49
  where we debate and discuss a couple of topics, plus my
• 3:26:52
  personal favorite at the end, the true false round.
• 3:26:55
  So please do join us for that. We'll be back on this channel
• 3:26:58
  tomorrow morning, 9:00 AM Eastern, 6:00 AM Pacific.
• 3:27:01
  If you're a channel member, you can join us 1/2 an hour early.
• 3:27:04
  So go have yourself a great Monday.
• 3:27:05
  Everybody take care. God bless.