Latest / The Courtroom Files / April 17, 2026 Court Hearings: Judge Elmore Denies Release, Judge Boyd Grants Rehab, Judge Anzalone Sentences + More | TCF Podcast #272

Transcript

April 17, 2026 Court Hearings: Judge Elmore Denies Release, Judge Boyd Grants Rehab, Judge Anzalone Sentences + More | TCF Podcast #272 · The Courtroom Files

• 0:01
  Good morning everybody, happy Super Friday.
• 0:03
  Welcome to TCF Live. My name is Dan Soul.
• 0:05
  I will be your guide through Courtlandia for the next three
• 0:08
  hours today, not 4 but three starter day in Michigan.
• 0:12
  Judge Anselone. 22565 FH and 26-2O.
• 0:19
  I mean two. Well, no, that's another one.
• 0:22
  26-22568 FH. I have Brian Frye appearing on
• 0:29
  behalf of the defendant. I have Alexander Bayonetto
• 0:32
  appearing on behalf of the People.
• 0:34
  Tom Moore is appearing via Zoom from the Michigan Department of
• 0:36
  Corrections. Mr. Hanson Nieto and his
• 0:40
  attorney are in person, as is Mr. Bayonetto.
• 0:44
  So, Mr. Frye, you did receive a copy of the Presets report?
• 0:50
  Yeah, I did receive it yesterday.
• 0:51
  Your Honor, I was. Able to get to the deal
• 0:53
  yesterday and be with my client and discuss it with them.
• 0:56
  All right, so Mr. Hanson Nieto, you've had an opportunity to
• 1:01
  read and review the pre sentence report.
• 1:03
  Yeah. OK.
• 1:05
  And do you want them next to you or seated or what would you
• 1:10
  prefer? Yeah, OK.
• 1:12
  I want to know just the same here.
• 1:24
  Oh, OK. So Mr. Hansonito, you've had a
• 1:26
  chance to read it and Mr. Frye came to visit you yesterday, is
• 1:30
  that correct? And you were able to ask him any
• 1:33
  questions you had and discuss it with them?
• 1:36
  Do you have any more questions for Mr. Frye?
• 1:39
  Are you satisfied with Mr. Frye as your attorney and the advice
• 1:42
  that he's given you? Mr. Frye, do you wish to explain
• 1:46
  or challenge the accuracy or relevancy of any information in
• 1:50
  the Presets report? All right.
• 1:54
  Does Mr. Banel, does the pre sentence report disclose any
• 1:58
  prior convictions in which there exists any known constitutional
• 2:02
  defect? He has 25 prior misdemeanors and
• 2:05
  14 prior felonies. Mr. Frye.
• 2:08
  Mr. Banetto? All right, so Probation
• 2:12
  Department has calculated the minimum sentencing guidelines to
• 2:16
  be on file #26-22505 FH retail fraud first degree to be 12 to
• 2:25
  24 months. Do you agree with that
• 2:26
  computation of guidelines? Yeah.
• 2:29
  Sure, all right, And on file #26-22565 FH on the assault with
• 2:37
  a dangerous weapon, they calculated the guidelines to be
• 2:40
  14 to 29 months. Do you agree with that
• 2:42
  calculation of guidelines, Mr. Frye?
• 2:44
  No. You're not.
• 2:46
  OK, so let me back up here, all right.
• 2:49
  And which are you disputing any of the PR VS?
• 2:53
  No, you're not. Are you disputing any of the O
• 2:55
  VS? Yeah, sure, Honor.
• 2:57
  I believe OV-12. Which is.
• 2:59
  Scored at 5 for two other criminal acts should be scored
• 3:05
  at one which for one other criminal act.
• 3:10
  The other criminal act in this in that case would be the retail
• 3:14
  fraud, but the original charge, unarmed robbery, and the floni
• 3:18
  assault that he actually pled to are the same.
• 3:20
  Act it was for. Punching somebody on the way
• 3:25
  out, so there's really one other act, so that should be scored
• 3:28
  one point instead of five. Mr. Bayonetto.
• 3:31
  I'll stipulate that. All right, so Mr. Moore, the
• 3:34
  people have stipulated so OB 12 will be scored at zero.
• 3:39
  Are there any other O BS you're objecting to I?
• 3:42
  Believe it should be scored at 1:00.
• 3:43
  Oh, I'm sorry, one. And we wouldn't object.
• 3:47
  To. Any other obese?
• 3:48
  All right, so that means the obese would be 31.
• 3:51
  Does that change the guidelines? The guidelines would then be 12
• 3:53
  to 24 months rather. Do you agree with that, Mister
• 3:56
  Bayonetta? All right, file #26-22568 FH
• 4:04
  retail fraud, first degree. The guidelines were scored at 12
• 4:07
  to 24 months. Do you agree with that
• 4:09
  computational guidelines and Mr. Bayonetto?
• 4:11
  All right, Mr. Bayonetto, is there anything you would like to
• 4:16
  say on behalf of the people before the court passes
• 4:18
  sentence? Your Honor, I was trying.
• 4:22
  To. Find Mr. Nero Hansen's profile
• 4:26
  on on. Otis, I had looked at this.
• 4:29
  At that. Prior to.
• 4:33
  I I think. Prior to the.
• 4:34
  Case even being bound over to certain court.
• 4:37
  My recollection of that is, is Mr. NATO Hansen had only been
• 4:42
  released from the supervision of MDOC.
• 4:44
  Whether that was parole probation, I can't remember, but
• 4:47
  there was only a period of one or two days before Mr. NATO
• 4:50
  Hansen began engaging in in felonious criminal acts again.
• 4:56
  He was arrested on I think 3 Retail fraud first released.
• 5:00
  On. APR Bond At the time of exam,
• 5:05
  the case has been bound up bound over up here when the unarmed
• 5:09
  robbery happened. The court has.
• 5:12
  Mr. Ghetto Hansen's record in in front of it.
• 5:15
  I. Understand there may be some
• 5:19
  mitigating circumstances, but I think the recommendation for Mr.
• 5:22
  Moore to have a period of two to four years in MDOC is
• 5:27
  appropriate and I would ask if the court follow that
• 5:30
  recommendation at this time. All right, Mr. Frye, is there
• 5:34
  anything you'd like to say on behalf of Mr. Noodle?
• 5:39
  Yes, sure, honor. So my clients as faces.
• 5:44
  Some. Significant challenges I think
• 5:46
  that are outlined in the PSI with his criminal history and
• 5:51
  his significant mental health concerns and significant
• 5:56
  substance abuse issues, housing and the list goes on.
• 6:02
  You know, he was, he was homeless, so he had a lot of
• 6:05
  things going against him. He made some poor choices in
• 6:08
  this case. He is fully taking
• 6:11
  responsibility for them here. And he's explained, you know,
• 6:16
  what he was dealing with is he had been incarcerated for quite
• 6:21
  a long time and he got out. He had nowhere to go.
• 6:24
  He's homeless on the street. He, you know, was stealing.
• 6:28
  Food. From, you know, grocery stores
• 6:30
  and some clothes and some other things to provide for himself
• 6:37
  and to obtain drugs. So he we don't dispute he was
• 6:45
  making poor choices. We don't dispute that there
• 6:49
  should be some consequences for his actions.
• 6:53
  But we would ask that the court consider, you know, not sending
• 6:56
  him to prison in this case. We have guidelines in all of the
• 7:00
  cases of 12 to 24 months which would support a jail term.
• 7:05
  My client has been doing well in the jail.
• 7:08
  The court can see from, you know, his clothes color today
• 7:11
  that he's a trustee over there. He's he's doing well and
• 7:14
  following the rules. If he can be put on regular
• 7:20
  probation, the court has more control over fashioning and, you
• 7:24
  know, some terms that can support him in the community,
• 7:27
  which can include, you know, drug use monitoring and, you
• 7:32
  know, help him with services to help ensure that he can be a law
• 7:38
  abiding citizen when he gets out.
• 7:41
  He had expressed, you know, at the time of his plea that, you
• 7:44
  know, he's 60 years old now and if he continues down this path
• 7:49
  he's going to he's going to die. So he certainly recognized he
• 7:53
  needs to make some changes in his life, but he needs some
• 7:57
  mental health services and some substance use services to help
• 8:01
  him do that. And I think probation would most
• 8:04
  support him being able to do that.
• 8:07
  So we would we would ask for, you know, a jail term with
• 8:12
  probation versus prison, which would then result in parole.
• 8:16
  Thank you. Mr. Nido Hansen, is there
• 8:20
  anything you'd like to say on your own behalf?
• 8:22
  Oh yeah, I just. Like I said, it was oh, I'm I'm
• 8:26
  content with pleased. With the plea.
• 8:28
  Agreement they gave me, they they blessed me.
• 8:32
  Yeah, I've been homeless and doing wrong and I'm just trying
• 8:36
  to get hoping I get a year. And.
• 8:38
  Then the long term rehab that Miss Fitzgerald had set me up
• 8:45
  with it. It's in Bear.
• 8:45
  River. Health, it's called Bear River
• 8:49
  Health. It's 4 1/2 hours away.
• 8:51
  And I like, that's what I'm presenting and that's it, you
• 8:56
  know? Miss Fitzgerald's from the jail,
• 9:00
  Yeah. Yeah, OK.
• 9:02
  And she gave me the the the paperwork.
• 9:05
  Bear River. OK, Have you ever been to rehab
• 9:13
  before? I never had a chance to go.
• 9:16
  Yeah, the program is the reason why it is so good is because
• 9:25
  it's they help. It's not just if you got to do
• 9:29
  it rather 60 or 90 days first, but they it's a transitional to
• 9:33
  help you get the get a job and they rent at at that.
• 9:38
  Place. Mr. Nito Hanson or Nito Hanson,
• 9:47
  you've been on probation, violated probation many times,
• 9:52
  ending up with a prison term. What do you think is different
• 9:55
  here today? Oh my, this is my age factor
• 10:00
  from 60 now and. I just need.
• 10:04
  To slow down on what what life I have left.
• 10:06
  I want to I want to, I want to die a sober man and I want this,
• 10:11
  this, this help more than anything else.
• 10:13
  You know me pay my pay my debt, pay my fines off and you here do
• 10:19
  the year first and pay my fines off and seek this help.
• 10:24
  But they that, that that Fitzgerald sent me the
• 10:27
  application for the IT was the paperwork of how, how it's
• 10:33
  structured. You know, she gave me that.
• 10:36
  It was it was about 6 pages long.
• 10:39
  The schedule shows you the schedule on on the.
• 10:41
  Meetings and the. The group meetings, the private
• 10:43
  meetings, the churches and now the meetings, the schedule of of
• 10:50
  the everyday meetings there. Yeah, I got the, I got the
• 10:54
  paperwork at the jail. OK, Mr. Fry, we've used Bear
• 10:59
  River before through our recovery court program.
• 11:03
  That's like a four to six month program, is it not?
• 11:06
  I'm not. Familiar with that program here.
• 11:07
  Mr. Moore, do you have any information?
• 11:10
  As far as I was aware. That he's not eligible for that
• 11:14
  program. If you want to take him, take a
• 11:18
  minute. I'll make a phone call.
• 11:19
  But I that was my understanding. I mean, we can verify that and,
• 11:26
  you know, I'll consider it, but I want to know if he's available
• 11:28
  for it before I make a decision. So, Mr. Moore, are you able to
• 11:34
  reach someone at the jail? Yes.
• 11:36
  OK. All right.
• 11:38
  So I'll have a seat, Sir. It's TCF live on a Super Friday.
• 11:55
  Good morning once again, everybody.
• 11:56
  My name is Dan. It is good to have you here.
• 11:58
  Programming note, we're doing 3 hours today, not four.
• 12:01
  I've got a couple meetings I have to take today.
• 12:04
  Lindsay, 11 months with us. Thank you so much for all of
• 12:07
  your support, your enthusiasm for what we do here and your
• 12:14
  participation in it. And everything never goes
• 12:17
  unnoticed. It's very much appreciated.
• 12:19
  So thank you. Just would not be the same
• 12:23
  without you around here. So I appreciate you.
• 12:45
  You can sit down, Mr. Frank. So we're a couple making me
• 12:50
  nervous. We're a couple minutes on the
• 12:52
  way back machine, so I'm going to try to bump this forward past
• 12:54
  the slow pause here. He requested paperwork but there
• 13:09
  has been no effort to attempt to put him in a program or tell him
• 13:13
  that he could be eligible for it.
• 13:15
  Probably there could be a issue with that place because of the
• 13:18
  registration. Doesn't mean that there's not
• 13:20
  another location or something, but as far as that program
• 13:23
  itself, most likely not. But he has not been pre approved
• 13:27
  for anything. All right, Mr. Frye, I'm going.
• 13:36
  To further in. OK, go ahead and stand up.
• 13:39
  To me please, I have. Forgot to mention.
• 13:43
  To you about your honor, I've been so long ago.
• 13:46
  In 2014, I believe that I had a pro with Anna Wilkerson and she
• 13:52
  did send me to the 12. Program in.
• 13:55
  Lansing for 30 days transferred to a program called the Share
• 13:59
  House in Detroit, MI for 90 for 90 days and I was on alcohol
• 14:05
  monitoring. I like to see so they I know I
• 14:10
  know they will hold hold my registration against me at at
• 14:15
  the share House in Detroit and I would transfer there and and
• 14:20
  they had transitional housing to the living.
• 14:22
  You know, we get an apartment in a job.
• 14:26
  So. I know that for a fact that
• 14:30
  could be set up, but after the new year in jail, I know from
• 14:36
  our like I said, I tell alcohol I'm always that's the one thing
• 14:40
  that saves me. I'm conscious about not drinking
• 14:44
  and I stay sober. I see that that that's the only
• 14:48
  good fact. I could tell you about.
• 14:50
  Myself is that once they put that that bracelet on me, two
• 14:55
  years by, I come out successful. Mr. Hanson.
• 15:12
  Hanson OK, You know, we can adjourn this a week to see if
• 15:20
  there's any program available for him.
• 15:23
  But you know, with his sex offender registration that does
• 15:28
  limit him and it would have to be a long term program.
• 15:31
  But if you violated, he would go to prison.
• 15:33
  So, Mr. Frye, you want to set this out a week or so?
• 15:40
  There's a program available that's long term.
• 15:43
  I'll consider it. Mr. Coast may be able to work
• 15:47
  with you, Mr. Fry, as well as Mr. Moore.
• 15:51
  Miss Adams, when can I set this out, please?
• 15:56
  How far do you think, Judge? A week, as soon as possible, or
• 16:03
  two. Yeah, we could.
• 16:05
  Do April 24th at 8:15. Are you available, Mr. Banner?
• 16:11
  So hi. I'm.
• 16:19
  Frederick, you know, Mr. Hansonito, you've been to
• 16:24
  programming, you've been given services.
• 16:28
  So, you know, I'll give you one more chance if we can find a
• 16:32
  program for you. All right.
• 16:34
  Thank you. Very well.
• 16:35
  Thank you. Take care.
• 16:38
  All right, Thank you. We'll see you back on that day.
• 16:48
  OK, Just pop up. Oh, there you are.
• 16:53
  All right. Let me call the Joe for your
• 16:56
  guy. Yeah, I'll have to talk to him.
• 16:58
  On Joe if. That's.
• 17:04
  OK, that's fine. This one, Mr. Panel.
• 17:05
  No, I am, I just said. All right, we'll keep an eye on
• 17:08
  Judge Anselin's court, but well, they're racking up other
• 17:11
  contestants. Let's stay in Michigan, but
• 17:14
  we'll go up to Misaki County and Jason Elmore.
• 17:23
  Off of the 28th Circuit Court here in Saukee County.
• 17:27
  And this. Morning.
• 17:27
  We are going to begin today by taking up the first case of
• 17:31
  people, the State of Michigan versus Andrea Bloss.
• 17:36
  File number here is 25-3607 FH appearances please.
• 17:42
  Thank you, David. Didn't have it.
• 17:43
  On behalf of the people, may you please call Robert.
• 17:46
  Champion appearing on Behalf. Of Miss Bloss.
• 17:49
  Miss Bloss joins us this morning via Zoom from some place out
• 17:54
  there in the world. Miss Bloss, can you see and hear
• 17:56
  the court? Yes, Sir.
• 17:58
  Thank you very much. Also here before the court this
• 18:01
  morning is Miss Laura Odell. She is an agent with the
• 18:04
  Michigan Department of Corrections, serving as a
• 18:07
  probation officer on this case. The defendant was sentenced back
• 18:11
  on December 1st of 2025 on a conviction of possession of a
• 18:20
  controlled substance looks like heroin and for cocaine less than
• 18:23
  25 grams. She was sentenced to a period of
• 18:27
  12 months of supervision pursuant to MCL 771.1.
• 18:36
  And we're here today for Raymond on some alleged bond violations.
• 18:45
  1 moment. All right, Miss Bloss, I need to
• 18:51
  tell you what the allegations are, what your rights are, and
• 18:54
  your possible consequences. Now, first of all, I'll note
• 18:57
  that this is a request and a warrant for probation
• 19:01
  violations, which I signed back on March 19th, 2000.
• 19:07
  And well, it says 25, but clearly that was my typo and it
• 19:11
  should have been 26. Miss Bloss, there are 5
• 19:15
  allegations. Count 1 alleges that you
• 19:18
  violated Condition 2.8, which requires that you complete
• 19:22
  outpatient or residential treatment when referred by your
• 19:25
  field agent, and more specifically, that you had
• 19:28
  failed at that time to complete outpatient treatment after being
• 19:32
  referred by your supervising agent.
• 19:35
  Count. 2 was an allegation that you violated Condition 4.19,
• 19:39
  which requires that you have no contact with Department of
• 19:43
  Correction inmates without permission and more
• 19:45
  specifically, it alleges that you have had ongoing contact
• 19:49
  with Anthony Prentice, who is an inmate with the Department of
• 19:54
  Corrections. Count 2 or sorry 3, alleges a
• 19:59
  violation of condition 4.2 that requires that you must comply
• 20:03
  with the written or verbal orders of your field nation.
• 20:06
  And more specifically, for Count 3, it's alleged that you failed
• 20:10
  to comply with your verbal orders of your supervising agent
• 20:13
  by having continued contact with Thurston Konen KEINONEN.
• 20:22
  Count 4 alleges of violation of condition 4.25, which requires
• 20:27
  that you report any arrests. Please contact change of
• 20:30
  residence or loss of employment to the supervising agent within
• 20:33
  24 hours. And more specifically, it's
• 20:37
  alleged you failed to report a change of residence and change
• 20:40
  of employment status to your agent and Count 5 unless you
• 20:45
  violated condition 4.22. Again, that requires that you
• 20:49
  comply with all written or verbal orders of your field.
• 20:52
  Did you? And more specifically that you
• 20:54
  failed to report as instructed and scheduled on March 18th of
• 20:59
  2026? You have the right to challenge
• 21:02
  these 5 allegations at a contested hearing.
• 21:05
  At that hearing, the prosecutor would have the burden of proof
• 21:07
  by a preponderance of the evidence.
• 21:09
  At that hearing you'd have the right to review any of the
• 21:12
  evidence presented against you, question or cross examine any of
• 21:15
  the witnesses against you, as well as have the right to
• 21:18
  present witnesses evidence or testimony, as well as the right
• 21:21
  to remain silent and not have that silence used against you.
• 21:24
  You also have the right to be represented by an attorney at
• 21:27
  that hearing and all subsequent proceedings.
• 21:29
  And we know obviously here that we've got Mr. Champion who has
• 21:33
  is going to continue to represent you.
• 21:36
  Is that right? That is correct.
• 21:39
  Your. Honor, and that's because you
• 21:42
  have the delayed sentencing, The sentencing been final.
• 21:45
  I'd have to go over possible requests and appointments of
• 21:51
  further counsel. Now, if you're found to be in
• 21:53
  violation of these terms and conditions #1 the court could
• 21:59
  revoke your delay of sentence, making the charge and conviction
• 22:04
  permanent. And then two, the court would re
• 22:09
  sentence you on your original offense again.
• 22:13
  A charge of possession of a narcotic or cocaine is a felony
• 22:18
  punishable by up to four years and or up to $25,000.
• 22:24
  Now these appear to be the first set of alleged probation
• 22:27
  violations. Am I correct Miss Odell?
• 22:31
  And I keep saying probation violations.
• 22:33
  Technically it's not probation, it's a delay of sentence, but
• 22:37
  they effectively are the same thing.
• 22:41
  But anyways, the court could sentence you again up to four
• 22:45
  years. Now there are 5 technical
• 22:48
  violations. When they are technical
• 22:50
  violations, the court is limited to a sliding scale.
• 22:54
  For one technical, the court can give you up to 15 days.
• 22:57
  If there are two technicals, the court can give you up to 30
• 23:00
  days. If there are three technicals,
• 23:02
  the court can give you up to 45 days.
• 23:05
  However, if you're found guilty of four or more than the court
• 23:10
  would no longer be limited by that sliding scale would only be
• 23:14
  limited by the amount of law. Under the law.
• 23:16
  Yes, Sir. I apologize.
• 23:17
  She was sentenced as a second offender, which just has an
• 23:19
  impact on the. Potential second.
• 23:21
  Chair. All right.
• 23:21
  Thank you very much and I appreciate that I told you that
• 23:25
  the maximum punishment was up to four years.
• 23:28
  However, you were convicted as a second sub.
• 23:40
  Let's take a look here. The judgment of sentence.
• 23:47
  OK. All right, thank you.
• 23:50
  Habitual offender. Second means the maximum point,
• 23:53
  which could be up to six years, not up to 4.
• 23:58
  All right, Thank you. Now that I told you what the
• 24:01
  allegations are, what your rights are and possible
• 24:04
  consequences, let's see how you wish to respond.
• 24:07
  Now, because you've got counsel, I'll turn to Mr. Champion, Sir.
• 24:11
  Yeah, this time we're there not guilty plea to this.
• 24:14
  Matter and we just. Requested this be set for a
• 24:16
  hearing but I've asked the hearing be set out at least 30
• 24:19
  days. The reason being is Miss Bloss
• 24:23
  is currently in treatment and doing well and I would like to
• 24:27
  be able to fully address that at a hearing.
• 24:29
  Thank you. Thank you.
• 24:31
  Miss Bloss, are you currently at a program, and if so, where and
• 24:35
  which program? I am at Bear River health.
• 24:39
  It's it's a rehab treatment center.
• 24:43
  Yep, all right. So therefore the defence is
• 24:49
  requesting to waive the 14 days. That is correct, Your Honor.
• 24:52
  Mr. Denout, any objection of the 14 day waiver?
• 24:55
  No, you are. We would support that, and not
• 24:57
  not for the reason, but. We are prepared to go.
• 24:59
  Forward but but that would potentially.
• 25:02
  Impact the potential. Recommendation So we would
• 25:04
  support the. Request for the adjournment
• 25:05
  here. I think it's fair.
• 25:07
  I don't find to be prejudicial. I think there's good 'cause if
• 25:12
  she's in a program, we want to maximize and help maximize the
• 25:15
  benefit of that program. Therefore, the court will order,
• 25:20
  however, that she must continue in that program.
• 25:23
  If she leaves the program unsuccessfully for any reason,
• 25:29
  she is to immediately report to the Missaukee County Jail.
• 25:35
  If she doesn't report to the Missaukee County Jail, well,
• 25:38
  that could also be a violation of a court order, which could be
• 25:42
  an additional probation allegation, fire probation
• 25:45
  violation allegation. All right, any other questions
• 25:49
  or issues? I need the answer for you, Miss
• 25:51
  O'dell. No.
• 25:51
  You are. Thank you.
• 25:52
  Mr. Denho and Mr. Chance. No, no, no.
• 25:55
  Thank you very much. All right.
• 25:56
  Miss Bloss, do you have any questions about what we have
• 25:59
  done today? No, Sir.
• 26:01
  Have you been able to hear as clearly today?
• 26:03
  And one of the reason I ask is all right, Good, good.
• 26:06
  Good enough. Thank you.
• 26:07
  All right, let's stick with that program.
• 26:10
  We are adjourned. All righty, friends, It's
• 26:46
  actually a little bit of a slow morning out in Courtlandia.
• 26:48
  That is not surprising given a Friday.
• 26:51
  A Friday's often start off slow. But let's go back to Judge
• 26:55
  Anne's alone. She has a new contestant.
• 27:00
  All right, this is in the matter of the people of the State of
• 27:03
  Michigan versus Robert Warren Ham.
• 27:06
  File #26-22523FH and 26-22524 FH and Michael Dagger Margosian
• 27:17
  appearing on behalf of Mr. Ham. Both are appearing via Zoom.
• 27:20
  Separately of Alexander Bandito, president in the courtroom
• 27:23
  appearing on behalf of the people, and Thomas Moore from
• 27:26
  the Michigan Department of Corrections.
• 27:29
  Mr. Dagger Margosian. Just so you know, I've already
• 27:31
  spoke with Mr. Moore about the PSI listing Eli Elias Mahwad, so
• 27:39
  he will make those changes. So Mr. Dagger Margosian would
• 27:43
  like a breakout room with you, Mr. Ham.
• 27:46
  So I'm going to open a breakout room and there should be a mouse
• 27:49
  there in front of you. And then you're going to get an
• 27:52
  invitation on the screen to join a breakout room and just use the
• 27:57
  mouse and and Click to join the breakout room.
• 28:12
  Work. Room in the waiting room.
• 28:21
  Well, that was a compelling little bit of video right there.
• 28:27
  You just never know what you're going to click into.
• 28:30
  We get to watch somebody get put into a breakout room.
• 28:32
  Happy Friday, everybody. Let's let's go back to Judge
• 28:36
  Elmore, new contestant. Saki, our next gal is excuse me,
• 28:44
  our next case this morning is people in the state of Michigan
• 28:47
  versus Kelsey Jackman Sims. File number is 25-3596.
• 28:53
  FH appearances please. David and Hunt on behalf of the
• 28:56
  people. Michael Horowitz on behalf of
• 28:59
  Miss Sims Miss Sims is currently in custody at the Misaki County
• 29:05
  Jail serving a sentence. This court issued a sentence
• 29:09
  back on December 12th of 2025. The court sentenced her to 330
• 29:20
  days. That was for a count of
• 29:25
  possession of a non narcotic controlled substance and she 1
• 29:31
  moment. How long did I put her in
• 29:36
  supervision for Miss Odell? Was.
• 29:39
  The jail only sentence. Jail only sentence.
• 29:41
  Yep. OK.
• 29:42
  By the way, Miss Laura. Odell is here from the
• 29:44
  Department of Corrections. Why are we on the record today?
• 29:47
  We're on the record because the defendant has filed a motion to
• 29:51
  this court. I'm pursuant to MCL 801.257 and
• 29:58
  relief from judgment as well under 6.502 of the MCL statute
• 30:06
  that I reference has to do with the court's ability to release
• 30:09
  some one early. I'm going to turn it over now to
• 30:12
  Mr. Horowitz. Mr. Horowitz.
• 30:15
  Good morning. Your Honor, thank you.
• 30:17
  I do have two documents that I I would like to the court to.
• 30:23
  Receive. I don't have copies of them, I
• 30:25
  just received them this morning the.
• 30:28
  The. Other 5 documents that I
• 30:31
  provided, I also provided to Mr. Denholm by e-mail.
• 30:35
  These two one is a certificate of participation from Catholic
• 30:38
  Human Services dated before 16. OK.
• 30:43
  And the. Other is a letter.
• 30:45
  From Miss Sims mom Joyce Parnell, who's present here, and
• 30:52
  in addition to the people that placed appearances, Your Honor,
• 30:55
  there are at least 4 individuals in the courtroom today on this.
• 31:00
  Cell's behalf. That's her mother, her aunt, a
• 31:04
  representative from CMH and a representative.
• 31:09
  From CHS. Yep, I recognize the members
• 31:12
  from CHS and senior. President.
• 31:14
  Also, the the court's going to receive those.
• 31:16
  Did you take a look at those, Mr. General?
• 31:18
  Thank you. No objection to the court's
• 31:20
  receiving. Them All right, Thank you.
• 31:22
  Before I take a look at those additional items, the court also
• 31:27
  received earlier this week a couple other documents from Mr.
• 31:32
  Horowitz. 1 is from CMH, specifically the social worker,
• 31:39
  Miss Van Houten. I did review that.
• 31:41
  And the next is a letter from Miss Platts.
• 31:46
  Also, again, she's the person from CAA, Catholic Human
• 31:50
  Services that we've mentioned. I also have a letter from the
• 31:54
  Sunrise Treatment and Recovery Center.
• 31:58
  There's an intake coordinator there stating the letter that
• 32:01
  there is availability for Miss Sims to enter a treatment
• 32:07
  program on August 20th. There's also an e-mail from a
• 32:14
  person whose last name is Picard, and that would be the
• 32:20
  Ant that our Mr. Horowitz mentioned.
• 32:23
  And I'm going to 1st send an e-mail and that is Cody Harold.
• 32:32
  And I did review those actually yesterday.
• 32:37
  OK, now look again. I have a certificate of
• 32:48
  participation in Catholic Human Services.
• 32:52
  That's one of the two documents Mr. Horowitz provided.
• 32:55
  Now let me take a quick look at this other letter, and this is
• 32:58
  the one that is from Miss Sims Mobile.
• 33:16
  OK, All right. I've read that.
• 33:20
  Anything else factually you wanted to present to me, Mr.
• 33:23
  Horwitz? Your Honor.
• 33:26
  I think most of what I need to say is in the motion itself.
• 33:30
  Of course. These are kind of.
• 33:33
  Unusual. Requests.
• 33:35
  To make. To your.
• 33:36
  Honor, I know they're provided by court rule.
• 33:38
  And by statute. That said, I think the court
• 33:41
  probably doesn't see a ton of them usually.
• 33:45
  When the court. Imposes a sentence, the court
• 33:47
  has imposed a sentence, and that's the end of the story.
• 33:50
  However, the Legislature has recognized that we're given
• 33:55
  courts the authority and discretion.
• 33:57
  To. Revisit a sentence if the court
• 34:00
  feels that. The.
• 34:03
  Person has excelled in certain. Ways while.
• 34:07
  In custody. So.
• 34:09
  A lot of the. Conversations or letters that I
• 34:12
  had initially received about Miss Sims were kind of about.
• 34:15
  You know her. Background or about the things
• 34:19
  that she had been through and I really tried to distinguish to
• 34:23
  Miss Sims and to the letter writers that what we're looking
• 34:27
  at it, we're only really concerned.
• 34:29
  With. Post sentencing behavior.
• 34:36
  Conformity Conduct. Because.
• 34:39
  Your Honor already considered all that other.
• 34:41
  Stuff. In imposing it's Senate, in
• 34:43
  imposing the. Court sentence.
• 34:45
  Right. So.
• 34:46
  You. Were given.
• 34:48
  Pre sentence investing for any guidance through MBOC.
• 34:53
  Probation. You were.
• 34:56
  Given. Arguments to counsel.
• 34:57
  And so you. Should to the extent that those
• 35:01
  things were relevant. Be.
• 35:02
  Aware of Miss Sims background, obviously criminal history,
• 35:08
  struggles, trauma, so on and so forth.
• 35:12
  So that's already I I guess baked into the sentence.
• 35:17
  So that's not. The.
• 35:19
  Point the point. Is that sense?
• 35:23
  Being. Sentenced.
• 35:26
  The people in Miss Sims's life that she has contact.
• 35:29
  With. Have indicated to me.
• 35:32
  Or to the court. That they have witnessed or
• 35:36
  observed significant change in her demeanor, in her.
• 35:42
  Behavior and her. Motivations to do better.
• 35:46
  She is also engaged in non mandatory voluntary services
• 35:55
  involving substance abuse rehabilitation and personal
• 36:02
  therapy, personal psychological issues and has been engaging in
• 36:07
  those things positively. She's also reached out to the
• 36:13
  outside. And.
• 36:15
  Secured. A.
• 36:19
  Bed or place or just I guess whatever with respect to the
• 36:26
  inpatient counseling. And so I think that she's
• 36:31
  demonstrated that she's really taken a lot of the court
• 36:35
  sentence to heart and has benefited from it and that.
• 36:40
  She probably. Doesn't.
• 36:41
  Need. To have continued incarceration
• 36:46
  and of course it's a big ask, but I think she's.
• 36:51
  She's giving you a lot. More information that didn't
• 36:54
  exist at the time of sentencing that said.
• 36:57
  I will note. That the people did file
• 37:00
  yesterday the evidence of the two infractions that Miss
• 37:05
  Simpson's had or marked write UPS, whatever they're called
• 37:09
  while in custody, and at least the second to those.
• 37:13
  To me, which I didn't. Identify because I believe it
• 37:16
  happened. Maybe.
• 37:18
  After. I had conversations about
• 37:20
  writing the motion. Is probably more.
• 37:23
  Troubling than the first. The first, if your Honor is
• 37:31
  familiar with it, there was an there.
• 37:33
  There was an indication. That.
• 37:36
  The inmates were quote UN quote exposing themselves.
• 37:40
  This was not the height of criminal.
• 37:42
  Behavior. My understanding, and the court
• 37:44
  could address Miss Simmons about this or just accept my
• 37:47
  representations is that female inmates were comparing press.
• 37:53
  There was no ill will or criminality.
• 38:00
  It's embarrassing, I get it. Sorry.
• 38:03
  But that that's the context there.
• 38:06
  The second as to the misuse of the prescription medication,
• 38:12
  really the sort of. I don't know if it's a.
• 38:16
  Mitigating backer that but is that I believe that miss Sims
• 38:20
  disclosed that. She.
• 38:23
  She. Admitted and acknowledged that
• 38:26
  to. The jail.
• 38:30
  In a way of saying I need to be off of this, I need to not have
• 38:34
  access to this medication is my understanding, and that that may
• 38:37
  not. Be.
• 38:38
  Fully. Accurate.
• 38:39
  So that's just the gist I got. So the medication in question I
• 38:47
  believe is visceral, which was an anti.
• 38:52
  It's an antihistamine that's also used off label for anxiety
• 38:57
  or something like that. Nothing that I'm particularly
• 39:01
  familiar with. But.
• 39:02
  It's my understanding that she. Disclosed that misuse.
• 39:05
  And just wanted. Not to have access to it
• 39:07
  anymore. So that said, I think she's
• 39:11
  she's she's. Giving you a.
• 39:13
  Pretty good documentation of what she's been up to and.
• 39:19
  Why? You should consider reducing her
• 39:23
  sentence, at least to some extent, and I believe.
• 39:25
  That miss Sims also. Has.
• 39:27
  A letter. Or prepared statement.
• 39:29
  That she'd like to. Make here.
• 39:31
  Thank you. I'll turn to Miss Sims for just
• 39:34
  a moment. Mr. Down.
• 39:37
  Thank you. Some of the things I'm about to
• 39:38
  say are somewhat negative, so I want to start out positive.
• 39:41
  Certainly the people support every effort that Miss Miss Sims
• 39:44
  is making towards sobriety. And we do appreciate.
• 39:46
  The fact that apparently. She's been attending.
• 39:48
  Catholic. Human.
• 39:49
  Services as well as. Community mental health
• 39:52
  certainly supports those efforts in in reviewing, you know, the
• 39:57
  file for this hearing, I, I did look at the transcript.
• 40:01
  I made note of the sentencing. Obviously, as has been
• 40:05
  referenced, there was no probation because of the
• 40:07
  defendant's conduct on bond. The court had indicated in the.
• 40:10
  Transcript. Page 17 that.
• 40:12
  Every opportunity of grace has been provided to you, especially
• 40:16
  what had occurred in this case is that the defendant was AWOL
• 40:19
  for several months. There were.
• 40:21
  No less than. Three treatment facilities that
• 40:23
  she went to and left, one of which was the sunrise, the one
• 40:28
  that the defendant is now seeking to be admitted to again.
• 40:32
  So, and there were two sentencings that have been
• 40:34
  scheduled that the defendant failed to appear for, for the
• 40:37
  sentencing. So that that's some of the
• 40:38
  background. I think that the court's
• 40:40
  reasoning at sentencing was appropriate.
• 40:42
  We submitted the incident reports just to give the the
• 40:45
  court some context. And we would take the.
• 40:47
  Position that the court's prior sentence was appropriate, and
• 40:51
  with that, we'll leave it to the court here.
• 40:53
  Thank. You.
• 40:54
  Yes, Miss sentence, is there anything you wish to say at this
• 40:57
  time? Yes, I wrote some things down
• 41:00
  this morning because I'm not good at public.
• 41:02
  And you may sit down if it's more comfortable.
• 41:04
  For you, Your Honor, stand here today before you a changed
• 41:09
  person. I've learned humility and it
• 41:11
  priced this life lesson and I have to thank you for it.
• 41:14
  At the beginning of this one, I was arrested back in November.
• 41:17
  I thought everyone else was a problem and to blame for my
• 41:19
  actions. I wasn't taking accountability.
• 41:23
  I come before you this morning after staying in the past five
• 41:26
  months in jail changed, experiencing growth and taking
• 41:29
  full accountability and acknowledging I've been the
• 41:31
  biggest problem in my life. Nobody else going to groups with
• 41:35
  Nikki from CHS helped to plant that seed, so I'd like to take
• 41:39
  the time to thank her right now as well.
• 41:42
  Thank you. Since completing her ten week
• 41:48
  course here in jail, I've decided to make some more
• 41:50
  positive choices if you so choose to extend me the grace.
• 41:54
  I've decided to go back to inpatient rehab and do it for me
• 41:57
  this time. I've never done that in a 10
• 42:00
  silver living after I've already been approved and have a bed
• 42:03
  waiting at Sunrise Center. I want to do better and be
• 42:07
  better. I'm extremely remorseful for my
• 42:09
  actions and how I have behaved. I can guarantee you, Your Honor,
• 42:14
  I'll be doing everything I can to never have to be in these
• 42:16
  circumstances ever again. I've sincerely learned my
• 42:20
  lesson, and I'm asking you to please consider granting either
• 42:23
  motion so I can continue on with bettering my life and proving
• 42:26
  that I've changed. Thank you.
• 42:29
  Thank you. All right.
• 42:32
  I remember this well because it took us a lot of effort, a lot
• 42:40
  of effort to get the case done because this Sims was impossible
• 42:51
  to supervise on bond, right? It took us like seven months, if
• 42:56
  I recall, from the date of the filing of the felony complaint
• 43:00
  District Court until we can get it resolved in Circuit Court.
• 43:06
  And then I specifically remember this because I wrote it on my
• 43:10
  copy of the PSI and it said no drugs question mark.
• 43:19
  There's a page inside these pre sentence investigation reports.
• 43:22
  It's called CFJ 145, Page 1. And there should be at the
• 43:26
  bottom a list of drug substances and use issues didn't appear.
• 43:32
  Then when I look back in the section of that report, CFJ 284,
• 43:38
  and we get the on the criminal history and we get to a portion
• 43:42
  about substance use and treatment.
• 43:47
  There, it said defendant acknowledged using marijuana at
• 43:50
  the age of 10 and then alcohol and then cocaine at the age of
• 43:55
  12. Then it went to methadone at the
• 43:59
  age of 18 and then made several attempts of treatment, including
• 44:04
  three attempts that we gave her back in last year, 11 months
• 44:08
  ago. She gave a statement that she
• 44:18
  was confident that she complete any current inpatient treatment
• 44:23
  program. So what I didn't see in there is
• 44:28
  any section that describes her drug history very well.
• 44:33
  Typically a drug that shows dates of start and dates of end.
• 44:39
  Well, what what's missing here is a complete picture.
• 44:44
  It says methadone at the age of 18.
• 44:51
  Hold on. Well, she didn't mention that
• 44:56
  when she was 22 she got convicted of morphine.
• 45:02
  She also did not mention during her history and it took going
• 45:06
  through her prior criminal history and her performances on
• 45:12
  bond and probation. She forgot that in at the age of
• 45:18
  28, her using methamphetamine and then there was another use
• 45:33
  where a her child apparently tested positive for
• 45:38
  methamphetamine. But still I didn't see any
• 45:43
  references to that and her description and admission about
• 45:47
  substance use. So I remember exactly this case
• 45:50
  because I thought to myself, she wasn't upfront about her drug
• 45:55
  use. She said, Oh my gosh, I'm just
• 45:58
  being convicted because they found one of my dog's pills and
• 46:06
  she wouldn't do treatment she bought.
• 46:12
  She has violated bond so many times.
• 46:15
  I went very thoroughly over her criminal history.
• 46:19
  I talked about the short gaps in time between convictions.
• 46:23
  I talked extensively about her probation violations, her
• 46:27
  parole, I'm sorry, her bond violations.
• 46:30
  In 2010, she had one case where it was just a an attempted
• 46:36
  retail fraud and she had to have a bench warrant one time.
• 46:42
  Then she had 1/2, 3-4 probation violations and those all began 2
• 46:52
  weeks after she was sentenced. Then in 2013, when she got the
• 46:59
  use of morphine, yet another probation violation.
• 47:10
  And that probation violation came only four months after
• 47:16
  being sentenced, having just gotten out of jail.
• 47:21
  And then in 2016, there were multiple probation violations on
• 47:28
  the large submitted building under bond.
• 47:30
  Her probations already had to be extended.
• 47:33
  By the way, while that case was pending, she violated bond
• 47:36
  within two months of being on bond for one felony and picking
• 47:40
  up another felony. 2018 That case, she got convicted while on
• 47:46
  probation and she had probation violations that began 2 months
• 47:51
  into her six month probation period. 2023 she was on
• 47:57
  probation and she picked up another chart that one was for
• 48:05
  domestic violence. But she did make it about a year
• 48:11
  and like 5 months until she fixed up the charges for which
• 48:16
  she did convicted here And actually the offense date was
• 48:23
  December 4th of 2024 and the arrest date was December 7th
• 48:32
  2024. And because we kept giving her
• 48:37
  efforts but she decided to thwart because hey she doesn't
• 48:42
  mention all of the drug history and this was just a dog's pill.
• 48:51
  So when she went into the jail, the reason why I didn't give her
• 48:54
  probation was because she was confessing that she didn't have
• 48:59
  a problem. Why did you for all those other
• 49:09
  efforts? I wasn't taking accountability,
• 49:12
  Your Honor. Yeah, I know.
• 49:13
  That's that's everything I'm saying.
• 49:16
  This whole PSI that you gave was an absolute farce.
• 49:20
  The past five months I've come out of the fog from using all
• 49:23
  the mirrors and I realize the mistakes that I've made.
• 49:28
  What credit does she have, Miss Adele?
• 49:30
  So she's got. She had 30.
• 49:32
  Five days I think initially, so now she's up to 90.
• 49:39
  So hold on, wait. Should be somewhere around 120.
• 49:55
  Like 138. Yeah, well, I see Miss O'dell's
• 49:57
  got her handy dandy cell phone out.
• 50:01
  Just do the I call. See Dandy Date Calculator.
• 50:04
  Yeah. 12/12 of 25 to present. Yeah, plus 35 here.
• 50:12
  She got the correct 35 days of present, I think is what it was.
• 50:18
  Yeah, 35. 126 days.
• 50:39
  OK. Plus the 35.
• 50:40
  Plus the 35 S, yeah, 162 days. I sentenced her to 3:30 at 275 S
• 50:54
  right now she's got another 120 days left to serve if she gets
• 50:59
  all over good conduct. So I've got one question about
• 51:09
  the statue. Just give me a minute.
• 51:33
  Put that in our book. 8 O1. What is that?
• 51:36
  Eight O 1. 2. Or 623 or something. 8 O 1257.
• 51:41
  I wasn't even close with the last three.
• 51:46
  Oh. It's probably a bit easier by
• 51:47
  pulling up on my phone so please no one think that I'm texting in
• 51:53
  a second. What was that again 5?
• 51:59
  8. 0125 7. Any successor and I have it in
• 52:44
  front. Yeah, I've got it.
• 52:46
  Thank you. Yeah, See, I remember it being a
• 52:49
  very short statue as far as length.
• 52:53
  And it does just simply say that a prisoner or an inmate in a
• 53:04
  county jail may receive, if approved by the court, a
• 53:08
  reduction of 1/4 of his or her. Term.
• 53:13
  If his or her conduct, diligence and general attitude merit the
• 53:17
  reduction, well, we've got some merit.
• 53:20
  And that is she's doing some treatment there in the jail,
• 53:23
  which is great by the way. She has to.
• 53:25
  It's therefore whenever we let her try to go do it on her own,
• 53:31
  she took off running. So here's my thought process,
• 53:36
  and already I know what my ruin is going to be, but here's how I
• 53:38
  get there. I can't amend A lawful sentence.
• 53:44
  That's what the court rule says. I lose jurisdiction of the
• 53:48
  sentence once I issue, except when a statute like eight O
• 53:53
  1.257 allows me to come back and review it.
• 53:58
  But I'm only able to review it as to the amount of days that
• 54:02
  she's confined for the period. And that's my problem.
• 54:09
  Statute doesn't allow me to go back and give her probation
• 54:13
  because there is no way I trust that Miss Sims will go do the
• 54:17
  program unless she has a hammer over her head.
• 54:23
  And the only way I could have a hammer is if I have probation.
• 54:28
  But at the last time we were in court, she had demonstrated so
• 54:32
  thoroughly that there was no way she was going to comply.
• 54:36
  And I just said, no, I'm not putting you on that because
• 54:38
  you've told me you don't have a drug problem, that this was
• 54:41
  accidentally a dog's pill in your bag or purse.
• 54:45
  So I gave you no probation. I cannot pursue it to that
• 54:49
  statute, give you probation. I furthermore cannot pursue it
• 54:54
  to the court. Rules amend A lawful sentence,
• 54:58
  which means I can't add probation and because I will not
• 55:02
  send let you go to a program because I have no ability to
• 55:06
  supervise you. You can go to the.
• 55:08
  Program when you're done serving your 330 days minds for good
• 55:14
  contact time because at least I know there I not really that I
• 55:20
  observe you. I've got no idea.
• 55:21
  I don't watch cameras or anything, by the way.
• 55:23
  Apparently according to one of these, I didn't, but there I've
• 55:28
  got people that are doing good things for you.
• 55:30
  I think the world of Miss Platts and Catholic Human Services and
• 55:34
  CMH and the services they are able to provide.
• 55:38
  Therefore, I'm going to let you still get their benefit.
• 55:41
  Thank God we are able to use opioid funding money and MRE
• 55:46
  money to get Catholic Human Services into the jail.
• 55:50
  And then when you. Get out.
• 55:54
  Hopefully, hopefully you never come back to the courtroom here
• 55:59
  because if you do and you do not leave this jail service and go
• 56:03
  get that treatment, I will remember this conversation
• 56:06
  today. And then I'll say, well, I
• 56:08
  thought you could go do it on your own.
• 56:11
  So I hope you do. I really do.
• 56:14
  And I would if that law allowed me and if the law did allow me
• 56:18
  to amend a lawful sentence other than the reduction of the 25%.
• 56:25
  But it doesn't. And I don't trust that you're
• 56:28
  going to go do the program. So I'm not going to give you 150
• 56:32
  some days or whatever it is for you to maybe go do it.
• 56:37
  Yes, ma'am, it. Was reduced by 1/4.
• 56:40
  I still wouldn't get out until the end of May.
• 56:43
  I still have another month. I know, but here's the reason my
• 56:46
  sentence was lawful and you are still having a problem because
• 56:51
  as of a month ago you were snorting your own meds.
• 56:58
  You aren't beating. So when I look at even that
• 57:00
  statue, while you're doing some good, you're not doing enough.
• 57:04
  Good. Because you're also snorting
• 57:07
  your your prescription meds and then histamine.
• 57:11
  So that counteracts that basically balances the two out
• 57:16
  and your performance before when I sentenced you was enough to
• 57:21
  tell me and support. I'm sorry, you're telling me
• 57:24
  that the sentence I gave was spot on.
• 57:27
  You had reasonable grant, you gave me so much reasonable
• 57:31
  grounds to give you a jail sentence spike that it's a
• 57:33
  maximum of two years and that it is a, an intermediate was an
• 57:39
  intermediate sanction. So had you ever taken advantage
• 57:43
  of any of the opportunity that we gave you, it'd be different.
• 57:49
  Yes, ma'am. I was, I was on heavy drugs at
• 57:52
  the time. I'm not the same person.
• 57:54
  I know. Like I want this more than
• 57:55
  anything. I want you to have it too, but I
• 57:58
  can't do it where I know that I can make you do it.
• 58:02
  What about even with each other? I can't.
• 58:08
  I can't amend A lawful sentence unless otherwise specified and
• 58:12
  permitted by law. The statute that we've talked
• 58:15
  about today does permit me by law to reduce the jail period,
• 58:20
  but doesn't allow me to modify and add probation.
• 58:24
  Would you consider reducing it? I'm not going to because I know
• 58:29
  at least there Miss Plaque's going to help you.
• 58:33
  She's going to continue to do a fantastic job for you.
• 58:36
  I've zeroed out. I've.
• 58:37
  Completed. Her I know.
• 58:38
  Well. Yeah, but I I think there's
• 58:41
  always extra stuff there. OK.
• 58:43
  And Miss Platts is going to go. I already gave you a
• 58:46
  certificate. You can't come back here.
• 58:50
  So, Miss Sims, I want you to get better.
• 58:53
  I really do. But here's the thing.
• 58:56
  Sometimes there have to be consequences and you're snorting
• 59:04
  your prescription meds. So the answer is no.
• 59:08
  Therefore the court respectfully, and I do
• 59:10
  appreciate Mr. Hortz's effort here.
• 59:13
  He does a heck of a job every time he comes in and I'm not
• 59:16
  just trying to suck up to him. Because he doesn't he.
• 59:19
  Puts on the good effort and I appreciate people doing well.
• 59:22
  But next time, no, I mean you. I hope I really do.
• 59:29
  I truly, truly miss Sims. I want you to get out after
• 59:35
  serving your time. And I want you to continue with
• 59:37
  this pursuit. And I want you to get that
• 59:40
  treatment. And then I want someday you come
• 59:44
  stop by, knock on the door. Come sit here in port and tell
• 59:46
  me. Hey, Judge, just to let you
• 59:48
  know, I did what I said I was going to do.
• 59:51
  I will be happy. Then if we have coffee, I'll get
• 59:55
  coffee with. All right, just add one thing
• 1:00:01
  and I don't want to belabor it and I certainly don't want, but
• 1:00:04
  I would just suggest your Honor that you could consider.
• 1:00:08
  Kind of the. Traditional statutory
• 1:00:12
  construction that we are generally able to construe a.
• 1:00:20
  Statute's. Meaning and scope and authority
• 1:00:24
  in such a way as to give the legislature's words of fact,
• 1:00:29
  right. And so I think that I agree that
• 1:00:33
  this is a a very not so much narrow but but sparse statute
• 1:00:39
  that doesn't give much guidance. It's short.
• 1:00:42
  It's extremely. Short, there's like 11
• 1:00:44
  operative. Sentence right?
• 1:00:47
  I think that you could construe that it's in such a way as to
• 1:00:51
  give it effect by saying that the legislature is recognizing
• 1:00:58
  or vesting in. You.
• 1:01:00
  The the ability to reduce the sentence by up to 1.
• 1:01:03
  Quarter. But I don't think that the
• 1:01:05
  Legislature would what to limit the tools in your toolbox, so to
• 1:01:11
  speak, as to give that effect? So.
• 1:01:14
  I think that the legislature would likely not take issue with
• 1:01:21
  attaching some other monitoring or rehabilitative measures to
• 1:01:27
  that reduction. I, I appreciate, I chuckled.
• 1:01:31
  And I'm sorry. I didn't even.
• 1:01:32
  Disrespect. To.
• 1:01:35
  Innocence or Mr. Horowitz, because no, I see the
• 1:01:40
  legislature all the time trying to take away and whittle down my
• 1:01:44
  discretion and take it away. So I don't give them any benefit
• 1:01:48
  of what their unless their words specifically say it.
• 1:01:51
  Because if I do exercise anything thinking I've
• 1:01:55
  interpreted their legislative language and they don't like it,
• 1:01:59
  they will swap me hard with an appellative with an appeal.
• 1:02:03
  So Nope, I don't give them any such leverage or an
• 1:02:09
  interpretation because they don't give it to me.
• 1:02:12
  They want to limit trial court judicial discretion.
• 1:02:17
  Plus, again, I also know that the court rule as which is also
• 1:02:22
  comes down not merely from the Legislature but also from the
• 1:02:26
  Supreme Court, does not allow me to amend a lawful sentence.
• 1:02:29
  So therefore, I would have to not only disagree with the
• 1:02:32
  Legislature, but I'd have to disagree with the Michigan
• 1:02:35
  Supreme Court, and I can't do that.
• 1:02:39
  So all right, thank you. We're adjourned.
• 1:02:42
  Mr. Horowitz, there's an order already inside the file.
• 1:02:46
  Yep, there's your. Morning once again, everybody.
• 1:02:50
  Happy Super Friday. My name is Dan.
• 1:02:53
  Welcome to TCF Live, suggesting from the staff there's some new
• 1:02:56
  people out there. If you're new to the channel,
• 1:02:58
  feel free to say good morning in the chat.
• 1:02:59
  We are a friendly folk here. We will welcome you with open
• 1:03:03
  virtual arms. Gigi 4 months with me.
• 1:03:09
  Thank you so much. I appreciate all your support
• 1:03:15
  behind the scenes. Gigi has kind of quasi treated
• 1:03:21
  me as one of her own. And Gigi, I want you to know
• 1:03:25
  that that means a lot. I very much appreciate all the
• 1:03:27
  love and support that you give me and that you give the rest of
• 1:03:30
  the community. Yeah, it's interesting as this
• 1:03:34
  last 18 months has gone on. We bring people into the
• 1:03:37
  community and then you can't imagine the community without
• 1:03:41
  them. Gigi, you are one of those
• 1:03:43
  people where I can't imagine not having you here.
• 1:03:45
  So thank you so much for being with us.
• 1:03:49
  Okie, Dokie. It feels like I'm bouncing
• 1:03:53
  between Elmore and Anselone this morning, but that's kind of what
• 1:03:57
  we got at the moment. There's actually a decent amount
• 1:03:59
  of courts going, but not a lot of compelling stuff, so we're
• 1:04:04
  just going to stick here for now.
• 1:04:06
  Back to Judge Anselone. Heard in phone number 26-22523FH
• 1:04:13
  and 26-22524 FH with the matter of the people of the state of
• 1:04:19
  Michigan versus Robert Ham. So, Mr. Dagger Margosian, have
• 1:04:23
  you had enough time to speak with the client?
• 1:04:24
  Yes. All right, Mr. Ham, have you had
• 1:04:28
  an opportunity to read and review the pre sentence report?
• 1:04:32
  Yeah. All right.
• 1:04:34
  And you've had an opportunity to speak with Mr. Dagger Margosian.
• 1:04:38
  Yeah. All right.
• 1:04:40
  Are you satisfied with Mr. Dagger Margosian as your
• 1:04:44
  attorney and the advice that he's given you?
• 1:04:46
  Yeah, I guess so. OK, so he's answered all your
• 1:04:50
  questions. Yeah.
• 1:04:53
  And you're satisfied that he did his best to represent you.
• 1:04:58
  Yeah. OK, Mr. Dagger Margosian, do you
• 1:05:04
  wish to? Now, obviously we've already
• 1:05:06
  made the correction to the Attorney Council name, but do
• 1:05:11
  you wish to explain or challenge the accuracy or relevancy of any
• 1:05:14
  information in this report? Mr. Alexander Ray Metal All
• 1:05:19
  right Now obviously there was a calibre agreement that was
• 1:05:23
  struck between the prosecutor's office and the defense counsel,
• 1:05:26
  so the court will honor that of course.
• 1:05:30
  Does the pre sentence report disclose any prior convictions
• 1:05:33
  in which there exists any known constitutional defects?
• 1:05:36
  Mr. Dagger Margoziano and Mr. Bandetto, Probation Department
• 1:05:42
  has calculated the minimum sentencing guidelines on hold on
• 1:05:50
  one second on file #26-22523 to be 0 to 17 months.
• 1:05:59
  Do you have any objections to that calculation of guidelines,
• 1:06:01
  Mr. Dagger? Margosi No.
• 1:06:03
  Challenge at this. Time Mr. Bayonetto, on file
• 1:06:07
  #26-22524 FH Probation Department has calculated the
• 1:06:13
  minimum sentencing guidelines to be 0 to 9 months.
• 1:06:17
  Do you have any objection to that calculation, Mr. Dagger
• 1:06:19
  Margosi? No challenges.
• 1:06:21
  At this time and Mr. Van at all all right before the court
• 1:06:25
  passes sentence. Do the people Do you have
• 1:06:28
  anything to say on behalf of the people, Mr. Van at all just your
• 1:06:31
  honor, Miss Arnold, Mr. Dagger, Margosian and I discussed this
• 1:06:36
  case for a long time. That's that's how we came up
• 1:06:38
  with this resolution that was in conjunction with the victim's
• 1:06:42
  request. They are not here to make a
• 1:06:44
  statement today. So I would just ask.
• 1:06:46
  Or follow the all. Right.
• 1:06:49
  And Mr. Dagenburg goes in. Anything you'd like to say on
• 1:06:52
  behalf of Mr. Ham? The sentence is fairly
• 1:06:58
  straightforward as the conditions have really been
• 1:07:01
  carved out in by way of the plea.
• 1:07:04
  I would ask obviously. The court that that the court
• 1:07:07
  grant the credit 130 days on 5/2 three 144 days on 524 for the
• 1:07:15
  sentence to be concurrent. The only condition that I think
• 1:07:20
  is inappropriate is the the the condition for Mr. Ham while on
• 1:07:25
  probation to not have any contact with anybody under the
• 1:07:27
  age of 17. These neither of these offenses
• 1:07:31
  involved anybody under the age of 17.
• 1:07:33
  Obviously sentencing is supposed to be crafted in response to the
• 1:07:37
  offense itself. So I I don't really understand
• 1:07:39
  why that why those issues are in there, Mr. Ham.
• 1:07:43
  Is. These these offenses do require
• 1:07:49
  sore compliance. So obviously that can be
• 1:07:52
  handled, but by way of a probation condition, I think
• 1:07:56
  that's inappropriate and I would ask the court to not order that
• 1:07:59
  at this time. But other than that, I'd ask the
• 1:08:01
  court to file the recommendation.
• 1:08:02
  All right, Mr. Hamm, is there anything you'd like to say on
• 1:08:06
  your own behalf? No, I'm talking about on under
• 1:08:13
  those lines. I'm sorry Mr. Hamm, that room
• 1:08:18
  has really bad audio. It's not your fault.
• 1:08:20
  Could you repeat that? You're talking about with being
• 1:08:24
  not the 17 limit. No, I just meant in general,
• 1:08:28
  including that. Is there anything you'd like to
• 1:08:31
  say on your own behalf before I pass sentence?
• 1:08:43
  Nothing I can think of right off.
• 1:08:46
  OK. OK.
• 1:08:48
  In determining the appropriate sentence in this case, the Court
• 1:08:51
  has considered the seriousness of the offense, your history,
• 1:08:55
  the principle of proportionality, the statutory
• 1:08:58
  penalty, the cost of confinement, the sentencing
• 1:09:00
  guidelines, the report and recommendation of the Probation
• 1:09:04
  Department, as well as what has been set upon the record at this
• 1:09:07
  hearing. The criterion reasons for the
• 1:09:10
  sentence of the nature and gravity of the offense, the
• 1:09:13
  discipline appropriate to its Commission, deterrence against
• 1:09:15
  repetition by you and by other. There's the potential for
• 1:09:18
  reformation, vindication for the law and the protection of
• 1:09:22
  society. Mr. Hamm has no prior
• 1:09:25
  misdemeanors. He has one prior felony is very
• 1:09:28
  limited criminal record was a killer brew agreement placed on
• 1:09:32
  the record agreeing for a sentence of five years probation
• 1:09:39
  and one year in jail. The sentence of the court that
• 1:09:44
  Mister Hamm will be placed on probation for a period of five
• 1:09:47
  years. During that term of probation he
• 1:09:49
  will obey and comply all provisions in the articles of
• 1:09:53
  probation, not limited to, but including.
• 1:09:56
  He's not to violate any criminal law of any unit of government.
• 1:10:03
  Do you have children, Mr. Hamm? All I all I know is a 37 year
• 1:10:11
  old. Did you have grandchildren?
• 1:10:15
  Yeah. OK.
• 1:10:18
  Mr. Moore, this incident, as correctly stated, did not
• 1:10:24
  involve a juvenile in any way. Was there a mandatory reason you
• 1:10:32
  put that clause in there? Yeah, we have.
• 1:10:34
  Well, there's two offenses here and one of.
• 1:10:37
  One of the victims was. Probably mentally underage, but
• 1:10:42
  he has a previous sex offense from what, 1990 or 91 or two and
• 1:10:49
  just his behavior and whatnot. Would we would appreciate that
• 1:10:53
  that condition stay in place unless there's some specific
• 1:10:55
  reason he needs to be around somebody that's underage?
• 1:11:01
  All right. I'm not.
• 1:11:02
  OK, So I'm going to order that and not to have any verbal
• 1:11:05
  written electronic contact with any individual age 17 or under
• 1:11:10
  or unsupervised physical contact with any individual under the
• 1:11:14
  age of or 17 and under complete sexual abuse prevention
• 1:11:19
  programming or other treatment if referred.
• 1:11:23
  You must register as required by the Michigan Sex Spender
• 1:11:26
  Registration Act and comply with all the requirements of that
• 1:11:30
  act. Provide verification of your
• 1:11:32
  registration. You have to register every so
• 1:11:36
  often as required, and I believe Mr. Moore would provide that
• 1:11:40
  information to you when you report.
• 1:11:43
  You must not access the Internet using.
• 1:11:45
  Does this involve the Internet? I don't believe so your.
• 1:11:54
  Honor No, I'm not gonna order the Internet clause, Mr. Moore.
• 1:11:59
  OK. OK, does that you know he's.
• 1:12:02
  Gonna they do? Request us to to ask for that,
• 1:12:05
  you know, whether you granted or not, but we're, you know,
• 1:12:08
  required to request it. OK, I I'm not gonna require it.
• 1:12:13
  So just because I don't think he has any bearing on this case.
• 1:12:23
  Now, obviously you have to waive confidentiality and require what
• 1:12:29
  I don't even know what #7 means. I've never seen that one before.
• 1:12:32
  Mr. Moore. I apologize.
• 1:12:34
  Is that a new one? Yes, give me a second here the.
• 1:12:38
  To facilitate sexual offense caseload management team
• 1:12:42
  meetings. I've never seen that one before.
• 1:12:44
  I'm. Sorry, yeah, these are we're
• 1:12:46
  they're asking us to add those on there.
• 1:12:51
  This is waving confidentiality for the Well, he's going to be
• 1:12:56
  placed in sex offender therapy so that that's what that is.
• 1:13:00
  OK. So it's just the typical term
• 1:13:03
  that. Waving confidentiality for the
• 1:13:05
  team of people that will be involved with it.
• 1:13:08
  Yeah, OK. I'll order that as well.
• 1:13:13
  Can't leave the state without consent of the court not to use
• 1:13:16
  any illegal controlled substances or paraphernalia.
• 1:13:19
  Report as required to the probation department.
• 1:13:23
  Notify them immediately. We need change of address or
• 1:13:26
  change in employment not to have any contact in any form
• 1:13:30
  whatsoever with the victim in this matter.
• 1:13:34
  And you can't be within 500 feet of their residence, their school
• 1:13:37
  or employment. And so that would be Kathy
• 1:13:43
  watching Lolly and Kay Kimberly Gerber not to provide any care
• 1:13:50
  for any adults aged 62 or older for any disabled adults must
• 1:13:59
  have ID or a valid driver's license not to engage in any
• 1:14:03
  assault of abuse of threatening or intimidating behavior.
• 1:14:06
  Submit to search of your person and property includes your
• 1:14:09
  vehicle, your residence, your computer without need of a
• 1:14:12
  warrant if they have reasonable cause to believe you have items
• 1:14:15
  which violate the conditions of your probation.
• 1:14:18
  And this is, I'm sorry, Miss Spade.
• 1:14:21
  All on file number 26-22523 FH. Thank you.
• 1:14:27
  You will serve one year in jail with credit for 130 days already
• 1:14:31
  served. There's a crime victim
• 1:14:33
  assessment fee in the amount of 130 dollars, $30.00 per month.
• 1:14:38
  Supervision fee 60. If we have to put a tether on
• 1:14:40
  you pay court costs in the amount of $750.
• 1:14:45
  ADNA fee in the amount of $60.00.
• 1:14:52
  I think it's already complied with that HIV testing.
• 1:14:55
  If not, you will have to comply with that and sign a release of
• 1:15:00
  information on that to the Probation department.
• 1:15:03
  Crime victim assessment. There's a state cost of $68, but
• 1:15:08
  I don't see that on there. OK, on file #26-22524 FH,
• 1:15:16
  obviously all the same terms of probation for a period of five
• 1:15:19
  years. OK, this one's a little
• 1:15:29
  different. He must not live in a residence
• 1:15:35
  for any individual age 17 or under, stays or is cared for,
• 1:15:39
  not provide care for any individuals age 17 or under.
• 1:15:47
  What was the age of the victims in this manner?
• 1:15:52
  They were both adults. I was.
• 1:15:53
  Going to. Say.
• 1:15:54
  Like adult adults? Yeah, like not somewhere between
• 1:15:57
  30s, yeah, late 40s, yeah. OK, you're not to have any
• 1:16:02
  unsupervised contact with anyone under the age of 17 or or 17 or
• 1:16:08
  under. You must get permission from the
• 1:16:11
  court and the probation department.
• 1:16:12
  If you're going to live in a home where someone is age 17 or
• 1:16:15
  under, you must complete your sexual abuse prevention
• 1:16:20
  treatment program program. Register as a Michigan sex
• 1:16:23
  offender, provide verification of that, then I'm not going to
• 1:16:27
  do the Internet. Use the other terms remain the
• 1:16:34
  same as the other file and no contact with the victims in that
• 1:16:39
  matter. Again, not provide care for
• 1:16:42
  anyone 62 or older. May I ask a question?
• 1:16:50
  Yes. Yeah, I, I know, like, I there's
• 1:16:54
  this lady that I know that she's older than that and that she
• 1:16:59
  didn't want to be my girlfriend for a long time and she's like,
• 1:17:04
  she's in her 80s. OK, So what I will tell you is
• 1:17:10
  you I is she disabled? No, not exactly.
• 1:17:19
  OK, well, before you date her, I guess you need to talk to Mr.
• 1:17:22
  Moore about her, all right? And make sure she isn't in any
• 1:17:26
  way have anything about her that would violate these terms.
• 1:17:35
  OK. Mr. I just wanted to clarify
• 1:17:39
  something with that condition 7 the the Internet access.
• 1:17:44
  We're not we're not. It's not asking him that he
• 1:17:48
  doesn't you don't get on the Internet.
• 1:17:50
  It's that we want him to complete and sign an MDOC
• 1:17:52
  Internet use agreement, which puts some guidelines down that
• 1:17:56
  that's what that condition is. And that's fine.
• 1:18:00
  I mean, OK. Does that mean I can still use
• 1:18:04
  the Facebook? Right, there's going.
• 1:18:07
  To be an MDOC agreement so you understand what you can access
• 1:18:11
  and not access so. Well, what is he limited in
• 1:18:15
  accessing? Well, I don't have right in
• 1:18:17
  front of me right now to go through everything, but you
• 1:18:19
  know, it's it's going to make sure that he's not on sites and
• 1:18:22
  he's going to be on. OK.
• 1:18:24
  So Mr. Moore, I've not seen this one before in APSI and so even I
• 1:18:30
  have some concerns about that. So what I would say is,
• 1:18:37
  obviously, I mean, it shouldn't limit him from social media,
• 1:18:42
  Internet access or whatever. So what is it trying to limit
• 1:18:48
  him? And I'm sorry, Mr. Moore, to hit
• 1:18:50
  you with this. I've just not had this clause
• 1:18:51
  before. So what would?
• 1:18:54
  Why don't you? Why don't we, we can just not
• 1:18:57
  put it on there and I will get an agreement, you know, to you
• 1:18:59
  late, you know, at some point. So you can because you'll see
• 1:19:03
  this in the future. And so we can, whether you agree
• 1:19:05
  or, you know, decide to agree with it or not, but we'll have
• 1:19:07
  the, you know, so that you're aware of it.
• 1:19:10
  OK. And could you get that to me,
• 1:19:12
  Judge Old Saver and also Mr. Daggerman Bozian?
• 1:19:15
  OK, thank you. And I'm sorry about that.
• 1:19:17
  I just wasn't OK. So understand there may be some
• 1:19:22
  limitations on your Internet abilities, but yes you shall be
• 1:19:26
  able to use your Facebook OK. And not only that, what if?
• 1:19:33
  Because what if I have a cousin that wants me to help him work
• 1:19:36
  on his truck and he lives in Ohio in Pioneer, OH?
• 1:19:41
  Well, that's not you. You have to.
• 1:19:42
  You got travel restrictions. Everybody does.
• 1:19:45
  Yeah, you can't go to Ohio. Sorry.
• 1:19:47
  The cousin might have to trailer the car to you to work on and.
• 1:19:53
  I mean, how can you work on the pickup?
• 1:19:56
  Well, that may be better. Trailer to Michigan all right.
• 1:20:01
  Submit, search and seizure of your property.
• 1:20:05
  I'm gonna order you serve one year in jail with credit for 144
• 1:20:08
  days. There is $130.00 crime victim
• 1:20:11
  assessment fee, $68 in state cost.
• 1:20:15
  There's no, there's no supervision because he's paying
• 1:20:18
  it on the other file, right? We we order them on both.
• 1:20:21
  In case one discharges before the other and so it's it's only
• 1:20:25
  going to be 1 fee though. OK.
• 1:20:27
  And $30.00 per month supervision fee, 60 if we have to put you on
• 1:20:31
  a tether. And that's only you only pay it
• 1:20:34
  on one, not both. So is there anything else, Mr.
• 1:20:38
  Moore? No, Your Honor.
• 1:20:42
  OK. So Sir, when you are done with
• 1:20:45
  your jail term, you will need to report to the probation
• 1:20:49
  department the next business day.
• 1:20:53
  Do you understand? So if you get out in the
• 1:20:55
  morning, come that afternoon and check in.
• 1:20:57
  But if you get out during the middle of the night, I think
• 1:21:00
  they like to let you guys out in the middle of the night.
• 1:21:03
  You would just have to be here by 8:00 the next morning, All
• 1:21:05
  right? Yeah.
• 1:21:08
  OK, Anything else, Mr. Moore? No, thank you.
• 1:21:12
  Mr. Bayonetto Mr. Dagger Margosian All right now, Mr.
• 1:21:16
  Hamm, you do have a right to appeal this sentence.
• 1:21:19
  We are going to provide to you 3 copies for each file, Your
• 1:21:22
  notice of right to appellate review I'm going to have,
• 1:21:25
  they'll have you initial and date one copy for each file for
• 1:21:27
  our records. That's just to verify that you
• 1:21:30
  received a copy of your appellate rights.
• 1:21:33
  If you wish to appeal your sentence, you would fill out the
• 1:21:35
  information on the form and mail it to the address listed on the
• 1:21:39
  form within 42 days. All right.
• 1:21:42
  Yeah. OK.
• 1:21:44
  All right. Thank you, Mr. Hamm.
• 1:21:49
  Mr. All righty friends, TCF live.
• 1:21:54
  Happy Super Friday. About a little over an hour and
• 1:21:57
  a half to go yet. Let's go to Royal Oak, MI Judge
• 1:22:02
  Andrew Kolkowski. Mr. Epstein, I see you're
• 1:22:06
  connected, but I don't see your video.
• 1:22:08
  Are you there, Sir? Yeah.
• 1:22:09
  Can you hear me? Yeah, can hear you just fine.
• 1:22:13
  I'm not sure why this is not. I think we can proceed as is
• 1:22:21
  here. So this is case 2500812 FY.
• 1:22:24
  It's state of Michigan versus Timothy Tabron appearances
• 1:22:27
  please. There are you on behalf of the
• 1:22:28
  people. Jonathan Upside on behalf of Mr.
• 1:22:32
  Tabron. Mr. Tabron, your name?
• 1:22:35
  Timothy Tabron here. Right.
• 1:22:38
  This is the day and time set for continued hearing on the motion.
• 1:22:41
  The court had adjourned after hearing arguments from the
• 1:22:44
  parties last week and wanted to look over the briefs and and
• 1:22:49
  consider the arguments further before delivering its its
• 1:22:52
  ruling. Any updates, any preliminary
• 1:22:54
  issues? Obviously the the time for
• 1:22:57
  arguing and adding any evidence to the the motion filing is is
• 1:23:01
  concluded, but were there any additional updates before the
• 1:23:03
  court delivers its ruling this morning?
• 1:23:05
  Miss AU. Nothing from the people, Your
• 1:23:06
  Honor. Mr. Epstein, Nothing for the
• 1:23:09
  defense. All right.
• 1:23:10
  Court has considered the arguments read through the
• 1:23:13
  motion. The initial motion was filed by
• 1:23:16
  the defendant here in this case in in proper and then we held
• 1:23:20
  arguments. People did respond and then Mr.
• 1:23:23
  Epstein did also have a chance to reply in writing.
• 1:23:25
  The courts read all those and considered those in along with
• 1:23:29
  the arguments that the parties gave at the motion hearing.
• 1:23:32
  I'll start first with 180 day rule.
• 1:23:34
  That was the initial focus of the motion that Mister Tibran
• 1:23:37
  had filed. That's a statutory right that
• 1:23:41
  inmates have to be brought to trial within 180 days after the
• 1:23:45
  Department of Correction, quote, causes to be delivered to the
• 1:23:49
  prosecuting attorney of the county in which the warrant,
• 1:23:51
  indictment and information or complaint is pending.
• 1:23:54
  Written notice of the place of imprisonment of the inmate, and
• 1:23:58
  that's pursuant to MCRS 6.004 D one and MCL 780.13.
• 1:24:08
  As I mentioned, that's a statutory right.
• 1:24:09
  And so according to People View Rivera, that's three O 1 mishap
• 1:24:13
  188 and one at 192 a 2013 case. There the court held that the
• 1:24:19
  statute 78131, subsection 1 provides that the MDOC must send
• 1:24:25
  written notice by certified mail to the prosecutor to trigger the
• 1:24:29
  180 day rule requirement. And in that case, they held that
• 1:24:34
  because the MDOC sent a notice to the District Court but did
• 1:24:37
  not send by certified mail a notice to the prosecuting
• 1:24:39
  attorney, the 180 day rule was never triggered.
• 1:24:42
  So it could not have been violated.
• 1:24:45
  According to the court file, the record and the the court's
• 1:24:50
  understanding of the position of the parties here at the hearing,
• 1:24:54
  the arrest in this case occurred at on March 1st, 2020.
• 1:25:00
  Let me make sure I get the year right. 2025 the complaint was
• 1:25:05
  sworn to and the warrant was issued 512 May 12th of 2025.
• 1:25:11
  The notice from MDOC was not sent to the Oakland County
• 1:25:15
  Prosecutors until January 23rd of 2026.
• 1:25:19
  Thereafter, Mr. Tibran was arraigned on this matter
• 1:25:23
  February 27th of 2026. So according to the statute, the
• 1:25:29
  clear language of the statute and the interpreting court
• 1:25:32
  opinions, that clock on 180 day rule did not start running until
• 1:25:37
  January 23rd, 2026. Accordingly, we have not reached
• 1:25:42
  the six month period there and there is no violation of that
• 1:25:48
  180 day rule statute in this case.
• 1:25:51
  Now in Mr. Epstein's reply and in the People's response, they
• 1:25:58
  both went on to consider the constitutional right that Mister
• 1:26:01
  Kebron has to a speedy trial. And so I think it is appropriate
• 1:26:05
  for the Court to move its move on to that issue and address
• 1:26:09
  that. Of course, Mr. Gibran has also a
• 1:26:13
  right to a speedy trial that's guaranteed by the US
• 1:26:17
  Constitution and the Constitution of Michigan.
• 1:26:21
  Defendant and the People are entitled to a speedy trial and
• 1:26:24
  to a speed trial resolution of all matters before the court.
• 1:26:26
  That's MCR 6.004 A. The time for judging whether the
• 1:26:31
  right to a speedy trial has been violated runs from the date of
• 1:26:34
  the defendant's arrest. That's People be Patent 285,
• 1:26:37
  Mishap 229 at 236. A 2009 case.
• 1:26:42
  To preserve the issue of speedy trial for appeal, A defendant
• 1:26:45
  must make a formal demand for speedy trial on the record.
• 1:26:48
  People became 238, Mishap 95 at 111.
• 1:26:52
  As we've talked about in the motion hearing, there are the
• 1:26:55
  the Barker factors that the court must consider when
• 1:26:59
  considering this type of an argument.
• 1:27:01
  Those factors include the length of delay, the reason for delay,
• 1:27:04
  the assertion of the right, and any prejudice against the
• 1:27:08
  defendant because of the delay. Here, starting first with the
• 1:27:11
  length of delay here going back to the arrest date, we're at
• 1:27:18
  about 13 1/2 months since arrest.
• 1:27:22
  And there is in the case law reference to an 18 month mark.
• 1:27:28
  Where anything prior to 18 month delay, the defendant bears the
• 1:27:33
  burden of showing actual prejudice by reason of the
• 1:27:36
  delay, then that's People V. Holzer, 255 mishap 478 at 492, a
• 1:27:42
  2003 case. And since we are less than 18
• 1:27:47
  months from the moment of arrest, it is the defendant's
• 1:27:50
  burden then to show actual prejudice.
• 1:27:53
  Court. The reason for the delay here is
• 1:27:58
  that the MDOC failed to notify Oakland County Prosecutor's
• 1:28:02
  Office any sooner than January 23rd, 2026, and because that's
• 1:28:09
  the case, the court can't draw any kind of negative inference
• 1:28:13
  against the prosecution in this matter.
• 1:28:16
  It was not their delay. There was argument at the motion
• 1:28:19
  hearing that they should have known where Mr. Tibran was,
• 1:28:24
  given the fact that the MDOC took custody of him from the
• 1:28:29
  Royal Police Department and that there was further probation
• 1:28:34
  hearings that took place. But the the case law does not
• 1:28:40
  bear out that that should be drawn against the prosecution
• 1:28:43
  in, in this Court's opinion, the the fact that those things were
• 1:28:49
  ongoing, ultimately it was MDO CS duty to notify the
• 1:28:55
  prosecution and they failed to do so in this case.
• 1:28:57
  And so I don't believe that the reason for delay can be drawn
• 1:29:00
  against the Oakland County prosecutors in this case.
• 1:29:03
  The assertion of the right, the third factor in People V
• 1:29:06
  Missouri, a Michigan case, 100. Mishap 310, at 322.
• 1:29:10
  A 1980 case, the Court of Appeals concluded that the
• 1:29:12
  defendants assertion of the right to a speedy trial two
• 1:29:15
  weeks before trial and nearly 30 months after indictment was
• 1:29:18
  strong evidence that the delay had not caused a serious
• 1:29:21
  deprivation of their rights to speedy trial.
• 1:29:24
  Here, Mr. Tobron's first assertion of the right occurred
• 1:29:27
  with his filing of the motion. At least that's what's reflected
• 1:29:31
  in the court record. I know Council made arguments
• 1:29:34
  that he had begun A lengthy process of investigating and
• 1:29:38
  pushing putting together a well crafted motion that he filed for
• 1:29:42
  improper. But the assertion of the right,
• 1:29:44
  the first indication that this court can conclude occurred with
• 1:29:48
  the filing of the motion and and nothing before.
• 1:29:51
  So that assertion of the right was relatively recent and and
• 1:29:57
  accordingly, again, there wasn't a prior assertion that was
• 1:30:00
  ignored by the prosecution or the court in any event.
• 1:30:05
  And so there again, I don't believe any negative inference
• 1:30:08
  can be marked against the prosecution.
• 1:30:11
  Finally, the court is to consider the prejudice because
• 1:30:14
  of the delay. There's two types of prejudice
• 1:30:15
  which we talked a lot about in the motion hearing.
• 1:30:18
  Defendant may experience that's prejudice to his person and also
• 1:30:21
  prejudice to his defense. That's People be Smith, a 2024
• 1:30:26
  case from the Court of Appeals, currently without without
• 1:30:29
  citation unreported. And then also in People be
• 1:30:35
  Jones, they held that the prejudice to the person that the
• 1:30:38
  defendant argued occurred outweighed by the notable lack
• 1:30:44
  of any prejudice to his defense. Here.
• 1:30:46
  There's really no doubt that this delay did result in some
• 1:30:49
  amount of personal prejudice to Mr. Tibran, but any prejudice to
• 1:30:56
  his defense at this point is not apparent to the court.
• 1:31:01
  The delay certainly will have some effect on witnesses
• 1:31:04
  memories, but the prosecutor alleged and was uncontroverted
• 1:31:09
  that all other recorded evidence and video recordings and things
• 1:31:14
  along those lines are preserved and available and should not
• 1:31:19
  impact Mr. Tobron's ability to have the full discovery in the
• 1:31:24
  case. Those the the impact on memory
• 1:31:30
  at least at this point, will be something that the Trier fact
• 1:31:33
  will have to determine what weight to give evidence given
• 1:31:38
  the delays that have occurred in the case.
• 1:31:39
  So again, I don't believe that there's been any prejudice shown
• 1:31:44
  to his defense. And while there is prejudice to
• 1:31:47
  his person, the notable lack of any prejudice to his defense
• 1:31:51
  outweighs that that personal prejudice.
• 1:31:54
  And so for those reasons, the Court also does not find that
• 1:31:57
  there's been a constitutional violation of Mr. Tibran's right
• 1:32:01
  to speedy trial at this point. He has obviously preserved this
• 1:32:05
  argument by filing his motion, and we'll have an opportunity to
• 1:32:09
  have this further, further address should things continue
• 1:32:12
  to be delayed or whatever he chooses to do in the future.
• 1:32:15
  But at this point, the motion's denied for the reasons that the
• 1:32:17
  Court just went through on the record with that finding.
• 1:32:21
  The Court does have some additional questions here.
• 1:32:23
  Mr. Epstein. My understanding is that your
• 1:32:26
  limited appearance concludes then with this Court's ruling.
• 1:32:28
  Is that still accurate, Sir? Yes, your Honor.
• 1:32:31
  All right. And so then Mr. Tibran, I'm
• 1:32:33
  going to address you here briefly with the next steps.
• 1:32:36
  Is it your request then to have the court direct the MIDC or the
• 1:32:43
  Public Defender's office assign you new council?
• 1:32:47
  Public Defenders should assign me new council and I was also
• 1:32:51
  wondering if there was a way that I could maybe do a
• 1:32:56
  negotiate A plea or or talk to talk about a plea early plea
• 1:33:00
  that's you need. To.
• 1:33:02
  You need to speak to an attorney first, right, Mr. Tavron?
• 1:33:05
  So we'll, we'll make sure that this happens as expeditiously as
• 1:33:09
  possible, Mr. Tavron, but you, you should be represented
• 1:33:12
  throughout that decision as you move forward.
• 1:33:15
  So the court is going to then direct MIDC to assign new
• 1:33:20
  council and we'll adjourn this. Can we, I'm just concerned,
• 1:33:27
  Judge, especially now that these issues have been raised and you
• 1:33:31
  know, the 180 days I believe is July of this year.
• 1:33:34
  And if it is determined that there's going to be an exam and
• 1:33:38
  moving that forward. So would it be possible to set
• 1:33:40
  it for next week and then hopefully have MIDC have someone
• 1:33:44
  assigned? That way when we need to set an
• 1:33:47
  exam date, if that's where we're headed, we can do that the
• 1:33:51
  following week. Yeah, I think let's set it for
• 1:33:54
  next week. And if for whatever reason
• 1:33:56
  there's delays on the part of MIDC or the Public Defender's
• 1:34:00
  office, we'll address that next week.
• 1:34:02
  But I think, you know, Mr. Davenport certainly was apprised
• 1:34:06
  of what was happening here in this case in this motion
• 1:34:08
  hearing. So my hope is that they will
• 1:34:10
  react quickly and I'll, I'll make sure the court clerks
• 1:34:13
  explain the situation and hopefully we can move forward.
• 1:34:16
  Ideally, the court would like to see Mr. Davenport reassigned so
• 1:34:19
  that we can just move forward with a consistent
• 1:34:22
  representation. If that's not the case, we'll
• 1:34:24
  address it as we go here. And the court also, I just want
• 1:34:27
  to address 1 last open, open thing before I turn it over to
• 1:34:30
  the parties for any additional comments.
• 1:34:32
  We, the court made reference to needing to assign this, this
• 1:34:37
  portion of the delay to one party or the other.
• 1:34:40
  Upon further reflection, I don't really think that's this court's
• 1:34:43
  role. You know, the record's clear on
• 1:34:46
  what's happened and any reviewing court later on would
• 1:34:50
  have to make that determination on, on, on who to assign this
• 1:34:54
  period of delay to. So I think the record's clear on
• 1:34:57
  what's happened and I don't have any issue with that.
• 1:34:59
  So I'll anything else from the people Miss AU No your.
• 1:35:02
  Honor, thank you. Mr. Epstein.
• 1:35:05
  No, you're on. I just want to apologize for my
• 1:35:07
  camera not working. I don't know why it's not
• 1:35:09
  working but. It's no, no problem.
• 1:35:11
  All right, Mr. Tibran, we will see you next week.
• 1:35:14
  I guess my last question, should we attempt to try to keep Mr.
• 1:35:18
  Tibran at Oakland County or allow him to return to MDOC at
• 1:35:22
  this point? Your Honor, for for next week's
• 1:35:27
  purposes, I would say keep him at Oakland County.
• 1:35:30
  And the only reason I say that is because if we are going to
• 1:35:33
  hold an exam and he needs to be here in person, I'm going to
• 1:35:36
  have to rent him out. And that's a three-week process.
• 1:35:39
  So I think it makes sense until next week till we figure out
• 1:35:42
  what's going on to keep him at Oakland County.
• 1:35:46
  If at that time he speaks to an attorney is going to wave, he
• 1:35:49
  can be released back to MDO, see if he wants to have an exam
• 1:35:52
  then. He's already here for us.
• 1:35:55
  Mr. Epstein, do you you're still here today and in your limited
• 1:35:58
  capacity, do you mind if I address that question with Mr.
• 1:36:00
  Tibran? No objection all.
• 1:36:02
  Right, Mr. Tibran, let's just keep it limited to this current
• 1:36:05
  issue. I don't want you to talk about
• 1:36:06
  anything with the pending case or not, but it seemed to me that
• 1:36:09
  your desire would be to return to MDOC.
• 1:36:10
  Is that fair? Yes, Sir.
• 1:36:12
  Right. I understand your concern with
• 1:36:15
  say you, I think we, again, the record is clear here, Mr. Tibran
• 1:36:18
  is, is kind of what his, his preference would be to return to
• 1:36:22
  MDOC. And with that representation, I
• 1:36:25
  don't have an issue with just leaving this as is.
• 1:36:27
  We'll adjourn it. I don't know that's for sure
• 1:36:29
  what's going to happen, Mr. Tibran, because this is a short
• 1:36:31
  turn around, but we'll, we'll, we'll just leave silent as to
• 1:36:36
  what should happen with your custody, whether you remain in
• 1:36:38
  OCJ or return to MDOC. I imagine you'll go back to
• 1:36:41
  MDOC, but we'll, we'll stay on top of making sure you're
• 1:36:44
  connected by Zoom and we'll go from there.
• 1:36:47
  OK all. Right.
• 1:36:48
  All right, we're all set for today.
• 1:36:50
  Take care. Thank you.
• 1:36:51
  Good. Luck, Mr. Tamron.
• 1:36:56
  All righty, friends, let's go. Let's go back to Judge Elmore.
• 1:37:01
  New contestant there. All right, Mr. Burke.
• 1:37:20
  Yeah, I'm sorry. Did you call one of the cases?
• 1:37:22
  I did. I called both the the soggy
• 1:37:25
  matters. Now I'm asking for appearances
• 1:37:27
  so forth. Sorry, I didn't hear you called
• 1:37:29
  the case. My apologies.
• 1:37:31
  Your Honor, For the record, Mark Burke, P54935 on behalf of the
• 1:37:34
  Attorney General's Office for the People.
• 1:37:36
  Thank you. May I please call Robert?
• 1:37:38
  Champion appearing that you have from the soggy Who's Caesar?
• 1:37:40
  To my left. Driver.
• 1:37:41
  Thank you. Remember, I hear that, that old
• 1:37:45
  style phrase. May it please the Court One of
• 1:37:47
  these days. I'm just going to go.
• 1:37:48
  You know what? No, it doesn't mean no, that's
• 1:37:51
  OK. All right.
• 1:37:53
  So here we are today for a sentencing.
• 1:37:54
  Also before the court today was in addition to Misagi is Miss
• 1:37:58
  Laura Odell. She's an agent with the Michigan
• 1:38:00
  Department of Corrections. He was prepared today's pre
• 1:38:03
  sentence investigation report. The report applies to both 3636
• 1:38:10
  and 3637. It's a relatively short report,
• 1:38:15
  or at least it doesn't have a lot of stuff that I would
• 1:38:17
  normally point fingers to. Mr. Burke, any challenges,
• 1:38:23
  amendments, corrections, or objections you wish to raise?
• 1:38:25
  As to the PSF, I'm trying to look, Your Honor, just the one
• 1:38:34
  thing I can tell Your Honor, is I don't have any real substance
• 1:38:37
  changes regarding most things in the report, but I can give you,
• 1:38:40
  Your Honor, an updated arrearage amount in both cases.
• 1:38:44
  If you're, if Your Honor would like, I would love it.
• 1:38:48
  Let's hear it all right. In file, I believe 253636 the
• 1:38:55
  the current arrearage in that case, your honor, is $5216.93.
• 1:39:02
  That's the number I have as of 2 days ago.
• 1:39:07
  And in file ending or in file 253637 the arrears that I show
• 1:39:14
  as of 2 days ago is 11,000. 6. 4471.
• 1:39:20
  All right. Based on based on those numbers,
• 1:39:23
  I was going to say judge based on those numbers.
• 1:39:24
  A couple things. First of all, I don't, I didn't
• 1:39:26
  see that the bonds were applied in either one of those cases and
• 1:39:31
  I think that was supposed to be done before today's date in
• 1:39:34
  addition. I know that the default.
• 1:39:37
  Was going to be placed on delayed sentence if she was
• 1:39:39
  paying as ordered. But I I just want to make sure
• 1:39:42
  the court is aware that that based on my records, what I've
• 1:39:44
  seen the defendant's making payments through a wage income
• 1:39:48
  withholding order, but it's not enough to pay the 138 a month
• 1:39:55
  and the current obligation in case 3636 and it's not enough to
• 1:39:59
  pay the 315 per month on case ending 3 or case 3637.
• 1:40:04
  So. I want to make sure, make sure
• 1:40:05
  the court is aware of that. So I know, I know the the idea
• 1:40:08
  in this case was to put the the defendant delayed sentence.
• 1:40:11
  I just don't. I don't think she's eligible for
• 1:40:13
  that, at least not right now based on what I've seen.
• 1:40:18
  One moment I'm going to address. The first question, then, that
• 1:40:21
  it was the application of bond, Madam Clerk.
• 1:40:40
  That would be my call. Judge OK.
• 1:40:43
  So don't you admit it out loud on the record.
• 1:40:47
  He did not do an order after the last hearing.
• 1:40:51
  So we will. We will take care of that.
• 1:40:53
  All right. So separately, Mr. Burke, I will
• 1:40:55
  sign an order that takes the bond that was posted and it will
• 1:40:59
  be applied to the files. All right, that's fine there.
• 1:41:05
  No problem. Thank you.
• 1:41:07
  All right, now let's take a look here at the next question.
• 1:41:10
  And so the question now is when I look at the kilo brew
• 1:41:18
  agreements, there were two conditions.
• 1:41:20
  Condition number one is that the bond that would be applied to
• 1:41:26
  their arrears, we've just done that.
• 1:41:28
  The next question is whether or not she has continued to pay
• 1:41:33
  child support per month as ordered.
• 1:41:37
  Now let's take a look at that and it says pending sentencing.
• 1:41:43
  That's a good, interesting read right there.
• 1:41:45
  Pending sentencing, does that apply until the date or does
• 1:41:50
  that apply until the delayed sentence?
• 1:41:52
  Because when I delay a sentence, I'm not doing a sentencing.
• 1:41:57
  Interesting. All right.
• 1:41:58
  Go. Ahead it is you know, it's
• 1:42:00
  interesting from the standpoint as council and the courts aware
• 1:42:05
  only approximately 50% of a person's salary can be held back
• 1:42:10
  for child support and that's what's.
• 1:42:11
  Occurring in this. There is an income withholding
• 1:42:15
  order in place. They are taking the maximum
• 1:42:18
  amount of her paycheck in this matter.
• 1:42:20
  She. My client is fully aware of that
• 1:42:22
  so the courts aware and she is looking on getting a second job
• 1:42:25
  to try to catch up and pay everything off but she is trying
• 1:42:29
  to comply with the court rule but unfortunately finances are a
• 1:42:34
  little tight. Martin.
• 1:42:36
  Thank you, Mr. Burke. So now wait, hold on.
• 1:42:40
  Before I turn to Mr. Burke, let me ask, Mr. Champion, any
• 1:42:43
  challenges, corrections or amendments to the contents of
• 1:42:46
  the PSI. All.
• 1:42:47
  Right, so we've got that done now.
• 1:42:49
  Mr. Burke, I need to turn to you.
• 1:42:52
  Haven't heard what Mr. Champion has said.
• 1:42:55
  Are the people willing to continue with the Kilobra
• 1:42:59
  agreement? I can amend the language.
• 1:43:02
  It says she has to pay her monthly challenge support to the
• 1:43:09
  maximum amount allowed under the required by law.
• 1:43:12
  I guess is the right way to say it.
• 1:43:14
  But what? What's your position, Sir?
• 1:43:16
  Well, your Honor, and thank you for that.
• 1:43:17
  I appreciate that. So a couple things.
• 1:43:18
  First of all, whenever a defendant has a current
• 1:43:21
  obligation, and I've been prosecuting these cases for 23
• 1:43:23
  years. So I, I mean, I'm, I, I've seen
• 1:43:27
  these cases. Yeah.
• 1:43:29
  So when when the defense, when the defendant has a current
• 1:43:32
  obligation and, and part of the part of the deal is to place the
• 1:43:35
  defendant on delayed sentence. I mean, the fundamental
• 1:43:38
  foundation of, of the entire plea is that the defendant has
• 1:43:43
  to stay current on, on, on his or her current obligation.
• 1:43:46
  I mean, that's because if they're not, if they're not,
• 1:43:48
  then the rear is growing, it's getting bigger.
• 1:43:50
  And so and that's, that's, that's what's happened in this
• 1:43:53
  case. So I mean I I'd like to see the
• 1:43:56
  God I'm. Sorry.
• 1:43:58
  I totally agree. By the way, you've done these
• 1:44:01
  cases for 24 years. I hope you've done other kinds
• 1:44:03
  of cases now. My practice is pretty diverse.
• 1:44:07
  Your Honor, I'm a special. Assistant.
• 1:44:08
  So I so. Anyway.
• 1:44:11
  I had to do child support if I had to do to pay child support
• 1:44:14
  cases for 24 years. I don't know what I do.
• 1:44:17
  But anyway, So the only question I've got for you is what do the
• 1:44:20
  people wish to do? Do they wish to continue and
• 1:44:24
  have her hear all this and know that she's no matter what the
• 1:44:27
  rules are for what deductions for pay?
• 1:44:31
  Well, pretty frankly on her. I mean, I mean, I like that
• 1:44:34
  there's an income withholding order in place.
• 1:44:35
  That's great. I like the fact that we're going
• 1:44:37
  to apply the bond now in each case.
• 1:44:38
  That's great. The arrears aren't extensive.
• 1:44:42
  They're not, they're not massive.
• 1:44:43
  They're manageable in my opinion, based on my experience.
• 1:44:46
  I'd like to give the defendant opportunity.
• 1:44:47
  But what I'd like to see is maybe we adjourn for 30 days,
• 1:44:51
  see if she gets her second job. See if she, I mean, because she
• 1:44:54
  really, I mean, quite frankly on her.
• 1:44:56
  Like for example in in file 3636, the current sport
• 1:44:59
  obligation is 138 a month. Her payments are about.
• 1:45:03
  I think 60. Dollars a month that are going
• 1:45:04
  to that that that case. So I mean her I mean it's just
• 1:45:09
  growing. I mean, I'd like to see her at
• 1:45:10
  least make the current obligation in both cases.
• 1:45:14
  And if I sorry if I grant the request to adjourn, it gives
• 1:45:21
  Miss Soggy additional time than just a one year delay.
• 1:45:25
  Correct. Correct, that makes sense.
• 1:45:28
  It does, Your Honor, and I have no.
• 1:45:29
  Objection to that. I mean even even a. 60 day
• 1:45:31
  adjournment, even a 60 day adjournment.
• 1:45:33
  Of the delayed. Sentence, whatever the courts,
• 1:45:35
  whatever the court wants to give her, that's fine.
• 1:45:37
  She's making payments. I just want to see her get the
• 1:45:39
  payments. To that level.
• 1:45:41
  I got you, Sir. Mr. Burke?
• 1:45:43
  Yeah. I would ask for the 60.
• 1:45:45
  Days I'm going to go 60 days. Any objection?
• 1:45:47
  To that. All right.
• 1:45:49
  Good job, good choice. Thank you all.
• 1:45:51
  Right. The court's going to, now that
• 1:45:54
  we've got this question, and I find that there's good 'cause to
• 1:45:57
  grant the adjournment of sentencing based upon the quote
• 1:46:02
  on, quote, confusion potentially about getting these child
• 1:46:05
  support payments made and how much she has to pay, what can be
• 1:46:08
  taken out of her sentence. And I don't know how old Miss
• 1:46:14
  Saggy is. Don't say it out loud because
• 1:46:16
  you're a woman. But it's a lot younger than
• 1:46:19
  myself, Mr. Burke and Mr. Champion.
• 1:46:22
  So let the three of us kind of talk fatherly.
• 1:46:25
  Whatever you're spending your money on, get rid of stuff.
• 1:46:28
  Hopefully you're driving a beat up, rusted out car.
• 1:46:31
  If your car looks anything nicer than mine and you need to go
• 1:46:34
  sell it and get something cheaper, OK.
• 1:46:36
  And if you're out there and using, say, recreational
• 1:46:40
  marijuana, throw that away. And if you're out there going
• 1:46:43
  out and hanging out and getting pizzas every Friday night, screw
• 1:46:47
  that. Just go to G&D because it's
• 1:46:48
  still only $1.25. All right, thank you very much.
• 1:46:52
  We will adjourn today's sentencing and we'll get a new
• 1:46:54
  date ordered by my clerk. I don't know what it is, Mr.
• 1:46:57
  Burke. So there we go.
• 1:46:59
  We'll see you all in about about 60 days.
• 1:47:02
  Thank you. All righty friends, I hope
• 1:47:12
  you're having fun this morning. I know I am.
• 1:47:15
  TCF live on a Super Friday is always the place to be.
• 1:47:20
  Let's go to Texas, Judge Boyd, where things are just kind of
• 1:47:25
  turned on their side this morning.
• 1:47:28
  OK. And is this client here?
• 1:47:32
  All right. So we'll go with Mr. Salinas
• 1:47:34
  first. Cindy, Are you ready?
• 1:47:40
  Court is calling 2026 CR 000273 State versus Luis Salinas.
• 1:47:47
  Can I have parties announced for the record?
• 1:47:52
  Just talk to him, he's ready. To Greg Greg Dameray for Mr.
• 1:47:56
  Salinas. Salinas.
• 1:48:00
  Hello. Yes, ma'am.
• 1:48:02
  Oh yes, I can. Do all right and this is an
• 1:48:07
  application council. Have you received all discovery
• 1:48:11
  that you review with your client?
• 1:48:13
  Yes, ma'am. The court will find that the
• 1:48:15
  state is in compliance with Discovery Cleanness.
• 1:48:18
  Did you review the consent to plea by video?
• 1:48:21
  Conference with your attorney. Did you understand it and sign
• 1:48:24
  it and all and electronically sign it?
• 1:48:28
  We did judge all. Right.
• 1:48:29
  Court will find that defendant has no by video conference.
• 1:48:35
  Mr. Salinas, did you review the application for community
• 1:48:38
  supervision and electronically sign it?
• 1:48:40
  Yeah. Just do it.
• 1:48:42
  Did you review the true bill of indictment with your attorney?
• 1:48:44
  Did you understand it, Council? Do you waive the reading of the
• 1:48:49
  indictment? We do, Your honor.
• 1:48:52
  State, Are you proceeding on the indictment as presented?
• 1:48:54
  Yeah, Your Honor, we waive count 1 and proceed on count 2.
• 1:48:57
  Any objection? No objection, Your Honor.
• 1:49:05
  Mr. Salinas, did you review the court admonishments with your
• 1:49:07
  attorney? Did you understand it and sign
• 1:49:09
  it in all the appropriate places?
• 1:49:11
  Is. This all right, you're charged
• 1:49:14
  with possession of a controlled substance penalty Group 1, less
• 1:49:17
  than 1G. If the state proves up the an
• 1:49:21
  enhancement allegation, your range of punishment will be
• 1:49:24
  anywhere from 2 to 10 years in the prison and up to $10,000
• 1:49:27
  fine. If you have a plea with the
• 1:49:29
  state, the court does not have to follow your plea.
• 1:49:31
  If the court does not follow your plea and gives you more
• 1:49:34
  than you bargained for, the fact that you entered A plea will not
• 1:49:37
  be used against you and you will be allowed to withdraw your
• 1:49:40
  plea. You have a right to jury trial,
• 1:49:42
  a right for you and your attorney to cross examine and
• 1:49:44
  confront any witnesses the state would call, and the right to
• 1:49:47
  remain silent. By entering this plea, you're
• 1:49:49
  giving up those rights. Did you intend to you give up
• 1:49:51
  those rights and enter into a plea in this case?
• 1:49:54
  Yes, ma'am. Counselor, has your client been
• 1:49:57
  able to provide you with any defenses?
• 1:49:59
  Yes, your Honor. Do you believe he has a rational
• 1:50:02
  as well as a factual understanding of the charges
• 1:50:04
  against him? I believe he does, judge.
• 1:50:07
  Do you believe he's currently competent and was legally sane
• 1:50:09
  at the time of the offense? Yes, ma'am, I do.
• 1:50:12
  Mr. Salinas, has anyone threaten you, chorus?
• 1:50:15
  Do you replace you in fear to get you to enter this plea?
• 1:50:18
  No, ma'am. Anyone promise you anything
• 1:50:20
  other than the plea? No, ma'am.
• 1:50:23
  Are you satisfied with the way you've been represented?
• 1:50:26
  Yes, ma'am. If you're not AUS citizen by
• 1:50:29
  entering this plea, you will be deported, denied naturalization
• 1:50:32
  and re entry. Did you understand?
• 1:50:35
  Yes, ma'am. Court will find that defendant
• 1:50:37
  has knowingly and voluntarily waived his right to jury trial.
• 1:50:40
  Did you review the plea bargain page with your attorney?
• 1:50:42
  Did you understand it? Yes, ma'am.
• 1:50:45
  According to the plea, punishment is to be assessed at
• 1:50:48
  two years in the prison. There's an $800 fine.
• 1:50:51
  State recommends community supervision.
• 1:50:54
  And they're proceeding on count 2.
• 1:50:56
  And that and your degree that you've been previously convicted
• 1:50:59
  of two or more felonies for purposes of enhancement.
• 1:51:03
  Did you understand that to be your plea?
• 1:51:06
  You said prison man or probation?
• 1:51:10
  I said that the plea bargaining agreement is 2 years in prison.
• 1:51:15
  There's an $800 fine. The state recommends community
• 1:51:19
  supervision. Did you understand that to be
• 1:51:21
  the plea? Yes, ma'am.
• 1:51:23
  Defense. Yes, your Honor.
• 1:51:25
  State yes. Judge, did you review the wave
• 1:51:27
  of appeal paragraph with your attorney?
• 1:51:29
  Did you understand it and sign it in both places?
• 1:51:32
  Yes, ma'am. By signing that, you're waving
• 1:51:34
  your right to appeal. The only items that can be
• 1:51:36
  appealed are written pretrial motions that have been filed,
• 1:51:39
  heard and ruled upon by the court.
• 1:51:40
  Did you understand? Yes, ma'am.
• 1:51:43
  Counsel any such motions. No, Your Honor.
• 1:51:46
  Outside the agreement, the state is recommending that your
• 1:51:48
  community supervision before a term of two years, there be a
• 1:51:51
  top evaluation, 120 hours of community service, restitution,
• 1:51:55
  the DOEP course, regular random UA's and MRT.
• 1:52:00
  Did you understand those are recommendations from the state
• 1:52:02
  and the court does not have to follow those recommendations?
• 1:52:06
  Yes, ma'am. Then to count 2, how do you
• 1:52:08
  plead Guilty, not guilty or no contest?
• 1:52:11
  No contest. No conscious.
• 1:52:14
  To enhancements, how do you plead true or not true?
• 1:52:18
  True, true. State any evidence.
• 1:52:20
  Yes, but state offer seats. Is it 1 and all apartments?
• 1:52:24
  No objections, Your Honor all. Right state you may be excuse.
• 1:52:27
  Did you review the waivering stipulations with your attorney?
• 1:52:29
  Did you understand it and sign it in all the appropriate
• 1:52:31
  places? Yes, ma'am.
• 1:52:34
  Again, that you understand you have a right to jury trial, a
• 1:52:36
  right for you or your attorney to cross examine and confront
• 1:52:39
  any witnesses the state would call, and the right to remain
• 1:52:43
  silent. Did you understand that today
• 1:52:47
  the state will be presenting evidence in the form of
• 1:52:49
  witnesses, statements and police reports, but most importantly,
• 1:52:53
  there'll be no live testimony. Did you understand?
• 1:52:56
  Yes, ma'am. Court will find that defendant
• 1:52:58
  has known only involuntarily waving consented stipulation of
• 1:53:01
  testimony and stipulations Court will accept into evidence.
• 1:53:05
  States exhibits what an attachments Court has reviewed
• 1:53:07
  the same court will find there's sufficient evidence to find you
• 1:53:10
  guilty. The court will find you guilty.
• 1:53:12
  Are you proceeding with sentencing?
• 1:53:14
  Yes, you're honor waving the PSI.
• 1:53:16
  Anything you wish to say on behalf of your client?
• 1:53:18
  Your Honor, as you can tell about the deal, I think this is
• 1:53:21
  a good opportunity for the client, for Mr. Salinas to do
• 1:53:25
  what he's supposed to do. He's motivated.
• 1:53:27
  And I would just ask you to follow the plea bargain.
• 1:53:31
  All right, Mr. Celines, do you have any children?
• 1:53:34
  No, ma'am. All right, who do you?
• 1:53:36
  Do you live by yourself or with someone else?
• 1:53:39
  I would say the name of moms. All right, so how often have you
• 1:53:43
  been using? I would say just occasionally.
• 1:53:49
  OK, so here's the thing, you need to be honest with me
• 1:53:52
  because in the report it says that you were found passed out,
• 1:53:55
  and I can tell you all drugs are dangerous, but fentanyl is
• 1:53:59
  especially dangerous. So I need you to be honest with
• 1:54:03
  me so that I can get you the help that you need.
• 1:54:06
  I'm going to follow your agreement.
• 1:54:07
  I'm going to grant your application for probation, but I
• 1:54:11
  need to try to figure out what programs are best for you
• 1:54:13
  because otherwise only one or two things going to end up
• 1:54:16
  happening. Either you're going to end up in
• 1:54:18
  somebody's jail or prison for the rest of your life, or
• 1:54:20
  somebody may end up having to identify your body.
• 1:54:24
  And from reading this police report, you were close to that
• 1:54:27
  happening. So how often have you been using
• 1:54:29
  and what have you been using? I mean, I just, I mean, I, I
• 1:54:36
  just use it occasionally, ma'am. What does that mean
• 1:54:39
  occasionally? Just maybe like once a week,
• 1:54:43
  once every twice a week? OK, so I'm going to give you
• 1:54:46
  conditions and these conditions are to help you.
• 1:54:49
  OK. All right.
• 1:54:52
  So how far did you go in school? I just, I think 10th grade.
• 1:54:59
  All right, this is what the Why did you drop out?
• 1:55:04
  I started working. OK, this is what the court is
• 1:55:07
  going to do. The court is going to sentence
• 1:55:10
  you to two years in the prison, suspended and probated for three
• 1:55:14
  years. There's going to be regular
• 1:55:16
  reporting by Zoom or in person, regular random UA's in custody.
• 1:55:21
  I'm going to want an evaluation for felony drug court.
• 1:55:24
  Felony drug court will be able to see you first thing Monday
• 1:55:28
  because I'm going to sign that evaluation for today.
• 1:55:31
  I need you to be honest with them.
• 1:55:32
  They'll accept you in the program.
• 1:55:34
  They're going to help you with housing.
• 1:55:36
  They're going to help you with employment.
• 1:55:38
  They're going to help you, you know, with your education.
• 1:55:40
  They'll be able to do all of that because you're going to
• 1:55:42
  need some extra help. If he's not accepting into
• 1:55:45
  felony drug court, I'm going to want to tap evaluation, follow
• 1:55:49
  recommendations. Now, if you're accepting into
• 1:55:56
  felony drug court, which if you're honest with them, you
• 1:55:58
  will be, they will be in charge of your conditions of probation.
• 1:56:03
  There's going to be field visits one time per month until further
• 1:56:06
  notice. Proof of employment within 45
• 1:56:10
  days of release. No employment as a home health
• 1:56:12
  care provider or minors. Are there any children that
• 1:56:15
  reside in the household with your mom?
• 1:56:18
  No, ma'am. All right.
• 1:56:21
  There's to be no residing in households with minors.
• 1:56:27
  There's to be no unsupervised contact with minors.
• 1:56:33
  There's going to be 300 hours of community service restitution.
• 1:56:37
  100 of those hours will be deducted upon completion of a
• 1:56:43
  GED or some sort of trade school certification.
• 1:56:48
  The remaining hours, one hour, will be deducted for every sober
• 1:56:52
  support meeting that is completed.
• 1:57:02
  There's an $800 fine and that is going to be probated.
• 1:57:07
  So if you successfully complete probation, you won't have to pay
• 1:57:10
  that probation. Is there anything else, Is there
• 1:57:16
  anything else we need from the court, Mr. Salinas, to be
• 1:57:19
  successful? No, ma'am.
• 1:57:22
  All right. Did you review the document
• 1:57:24
  entitled Trial Court Certification?
• 1:57:27
  Oh, and I'm sorry, yes. Did you review the document
• 1:57:29
  entitled Trial Court Certification of Defendants
• 1:57:32
  rights to appeal with your attorney?
• 1:57:33
  Did you understand it and sign it electronically?
• 1:57:37
  Because this plea bargaining agreement, because I followed
• 1:57:39
  your plea bargaining agreement, and because you waive your right
• 1:57:42
  to appeal, you do not have the court's permission to appeal.
• 1:57:45
  Because this is a felony conviction, you're not allowed
• 1:57:47
  to own or possess any weapons or ammunition.
• 1:57:50
  If you have a question of what that is, you'll need to speak to
• 1:57:53
  an attorney. Do you understand?
• 1:57:54
  Yes, ma'am. All right, so if you need
• 1:57:58
  anything, let probation know or you can come back and talk to
• 1:58:02
  me. I'll be here till December.
• 1:58:05
  OK, ma'am. All right, I'm going to send you
• 1:58:06
  to breakout room number 3. And Greg, I sent you to three as
• 1:58:13
  well. Probation is going to zoom in to
• 1:58:15
  go over conditions with you and judge.
• 1:58:17
  Greg has one more time. That's here in the box.
• 1:58:19
  All right, who is it? Kirk Lemus.
• 1:58:22
  Lemus. Thank you, Judge.
• 1:58:24
  Sure, Lemus and. Just to let you know, that's
• 1:58:27
  that's that's why I saw him this.
• 1:58:29
  Definitely because he threatened me.
• 1:58:32
  When I was in. Front.
• 1:58:36
  And Louise, I believe you can join breakout room number 3 if
• 1:58:39
  you know how to do that there. Good job.
• 1:58:53
  And Your Honor, on this case, if you want to start, this was from
• 1:58:56
  yesterday. So we're trying to work out a
• 1:58:58
  plea bargain. The state is going to contact
• 1:59:01
  the complainant, I believe, just to verify some information
• 1:59:03
  that's going to help us make a decision.
• 1:59:06
  So I don't, I just want to give her some time and appreciate her
• 1:59:09
  doing that all. Right.
• 1:59:10
  How much time do you need? Whatever the court will allow,
• 1:59:13
  Judge Seat also gave. An offer already.
• 1:59:16
  All right, we'll do a plea deadline date.
• 1:59:18
  Greg, I know you teach and school ends for you when?
• 1:59:23
  June 4th Judge, but if if, if we can get I mean excuse me, I'll
• 1:59:27
  be done before June. So anytime after June 3rd, June
• 1:59:30
  4th, I can come in, but obviously we can work something
• 1:59:33
  out then I will, I will take time to get Turk taken care of
• 1:59:36
  all. Right, So what I'll do is I'll
• 1:59:38
  set it then in May and then if you need to move it because of
• 1:59:45
  class, you can just place it on a different date.
• 1:59:47
  Just call the coordinator. Thank you, Judge all.
• 1:59:50
  Right, Norman, if you can recall this in mid-May.
• 1:59:54
  All right, So we'll be back on the 18th.
• 1:59:55
  If your attorney wants you brought back sooner, he'll let
• 1:59:58
  us know and we'll put you on the docket.
• 2:00:00
  All right. Thank you.
• 2:00:02
  Judge, thank you again. All right.
• 2:00:04
  Thank you. Thank you, ma'am.
• 2:00:14
  Who's here on Caitlin Medel? I am Judge.
• 2:00:19
  All righty, all right, if you'll come forward.
• 2:00:38
  Court is calling 2025 CR 013984 State versus Caitlin Medel Could
• 2:00:46
  I have parties announced? Florida's known for the state.
• 2:00:48
  Charles Bunk for Miss Medel. Are you Miss Medel Council?
• 2:00:52
  You received all discovery. Did you review it with your
• 2:00:55
  client? Yes, Judge.
• 2:00:57
  Will find that the state is in compliance with discovery.
• 2:00:59
  Miss Medel, did you review the application for deferred
• 2:01:01
  adjudication or community supervision with your attorney?
• 2:01:04
  Did you understand it and sign it?
• 2:01:06
  Yes, ma'am. Did you review the true bill of
• 2:01:07
  indictment with your attorney? Did you understand it?
• 2:01:10
  Yes, ma'am. Council, do you waive the
• 2:01:11
  reading of the indictment? We do.
• 2:01:14
  State, Are you proceeding on the indictment as presented?
• 2:01:17
  No, Your Honor State. Will proceed on the lesser
• 2:01:19
  included offense of attempted vertical habitation.
• 2:01:23
  Any objections? None.
• 2:01:26
  All right, did you review the court admonishments with your
• 2:01:28
  attorney? Did you understand it and sign
• 2:01:30
  it in all the appropriate places?
• 2:01:32
  All right, the state is proceeding on the lesser
• 2:01:34
  included offense of attempted burglary of a habitation.
• 2:01:37
  That's a third degree felony. The range of punishment is
• 2:01:40
  anywhere from 2 to 10 years in the prison and up to a $10,000
• 2:01:44
  fine. If you have a plea with the
• 2:01:45
  state, the court does not have to follow your plea.
• 2:01:48
  If the court does not follow your plea and gives you more
• 2:01:50
  than you bargained for, the fact that you entered A plea will not
• 2:01:53
  be used against you and you will be allowed to withdraw a year
• 2:01:56
  plea. You have a right to jury trial,
• 2:01:58
  a right for you or your attorney to cross examine and confront
• 2:02:01
  any witnesses the state would call, and the right to remain
• 2:02:04
  silent. By entering this plea, you're
• 2:02:06
  giving up those rights. Did you intend to give those
• 2:02:08
  rights and enter into a plea in this case?
• 2:02:12
  Did you understand if the court would have grant your
• 2:02:14
  application for deferred adjudication?
• 2:02:16
  If for any reason your deferred adjudication were revoked, the
• 2:02:18
  court could find you guilty and sentence you up to 10 years in
• 2:02:22
  the prison and up to $10,000 fine.
• 2:02:25
  Council, Has your client been able to provide you with any
• 2:02:27
  defenses? Yes, Judge.
• 2:02:29
  Do you believe she has a rational as well as a factual
• 2:02:32
  understanding of the charges against her?
• 2:02:34
  I do. Do you believe she's currently
• 2:02:36
  competent and was legally sane at the time of the offense?
• 2:02:39
  Yes. Miss Medel, has anyone
• 2:02:43
  threatened you, coerced you, place you in fear to get you to
• 2:02:45
  enter this plea? Anyone promise you anything
• 2:02:48
  other than the plea? Are you satisfied with the way
• 2:02:50
  you've been represented? If you're not AUS citizen by
• 2:02:54
  entering this plea, you will be deported, denied naturalization
• 2:02:57
  and re entry. Did you understand?
• 2:03:00
  Court will find that defendant has knowingly and voluntarily
• 2:03:02
  waived her right to jury trial. It's your view the plea bargain
• 2:03:05
  page with your attorney. Did you understand it?
• 2:03:09
  According to the plea, there's an $800 fine.
• 2:03:12
  State recommends deferred adjudication.
• 2:03:14
  There will be taken in consideration 2026 CR 004221 and
• 2:03:20
  2026 AL 000772. And there's to be restitution to
• 2:03:25
  the complainant. Did you understand?
• 2:03:27
  Yes, ma'am. All right, off the record for a
• 2:03:29
  moment. Reynaldo Luna, I'm going to put
• 2:03:33
  you in the breakout room number 3, we're back on the record.
• 2:03:39
  Did your stating defense, do you agree that is the plea bargain
• 2:03:42
  agreement? Yes, Judge.
• 2:03:43
  Yes, your Honor. Did you review the wave of
• 2:03:46
  appeal paragraph with your attorney?
• 2:03:47
  Did you understand it and sign it in both places?
• 2:03:50
  By signing that, you're waiving your right to appeal.
• 2:03:52
  The only items that can be appealed are written pretrial
• 2:03:54
  motions that have been filed, heard and ruled upon by the
• 2:03:57
  court. Did you understand, counsel, any
• 2:03:59
  such motions? No, judge.
• 2:04:02
  Outside the agreement, the state is recommending that your
• 2:04:04
  community supervision be for a term of two years, there'll be a
• 2:04:07
  tap evaluation, 100 hours community service, restitution,
• 2:04:11
  no contact with the complainant and the cognitive thinking
• 2:04:15
  course. Did you understand those were
• 2:04:16
  recommendations from the state and the court does not have to
• 2:04:19
  follow those recommendations. Then to the offense of attempted
• 2:04:25
  burglary of a habitation. How do you plead?
• 2:04:27
  Guilty, not guilty or no contest.
• 2:04:30
  State any evidence. Is your honor seat offer seats
• 2:04:32
  exhibit one and all attachments. Any objections?
• 2:04:36
  No objection. I state you may be excused.
• 2:04:38
  Did you review the waiver and stipulations with your attorney?
• 2:04:41
  Did you understand it and sign it in all the appropriate
• 2:04:43
  places? Again, did you understand you
• 2:04:45
  have a right to jury trial, a right for you or your attorney
• 2:04:48
  to cross examine and confront any witnesses the state would
• 2:04:51
  call in? The right to remain silent.
• 2:04:54
  Did you understand that today the State will be presenting
• 2:04:56
  evidence in the form of witnesses, statements and police
• 2:04:59
  reports, but most importantly, there will be no live testimony?
• 2:05:02
  Did you understand Court will find that defendant has
• 2:05:05
  knowingly and voluntarily waving consented to stipulation of
• 2:05:08
  testimony and stipulations. Court will accept it to
• 2:05:11
  evidence. States Exhibits 1 and
• 2:05:12
  attachments and review the same. All right after viewing state's
• 2:05:22
  exhibits, one in attachments, the court will find there's
• 2:05:25
  sufficient evidence to find you guilty.
• 2:05:26
  The court will defer finding a guilt.
• 2:05:28
  As you've applied for deferred adjudication, are you proceeding
• 2:05:31
  with sentencing? Yes, Judge.
• 2:05:33
  Anything you wish to say on behalf of your client?
• 2:05:35
  We believe she's worthy of the plea bargain.
• 2:05:37
  We ask you to follow it. All right, Who were these other
• 2:05:39
  people you were with? What is their relationship to
• 2:05:41
  you? I.
• 2:05:43
  Was with the ex-boyfriend. All right, that's a bold move to
• 2:05:49
  someone's on vacation. Somebody breaks into the
• 2:05:52
  apartment, changes the lots and just lives there.
• 2:05:56
  I didn't. I was at the wrong place too.
• 2:05:59
  Well, there's no such thing really as wrong place, wrong
• 2:06:02
  time. That's just something that
• 2:06:03
  people say, right? Do you have any children?
• 2:06:08
  I lost my. I'm sorry to hear that.
• 2:06:12
  How far did you go in school? I graduated and.
• 2:06:15
  I have some college. Right, So what are you planning
• 2:06:18
  on doing with the rest of your life?
• 2:06:19
  I'm going for Hi Dennis. I'm a registered dental.
• 2:06:23
  Assistant. All right, Well, this is what
• 2:06:25
  I'm going to tell you. Anytime you have any type of
• 2:06:27
  criminal case, whether it's deferred or not, anything that
• 2:06:30
  requires you to have a license, this is going to appear in your
• 2:06:32
  background. I don't say you're not going to
• 2:06:34
  get your license, but you just made your life more difficult.
• 2:06:37
  You understand? All right, it's three years.
• 2:06:39
  Deferred adjudication, regular reporting by Zoom or in person,
• 2:06:44
  regular random UA's. There's going to be a TAP
• 2:06:47
  evaluation. Out of custody, follow
• 2:06:50
  recommendations. If TAP recommends inpatient
• 2:06:52
  treatment, we'll start with outpatient treatment.
• 2:06:55
  There's to be no contact with Julio Cesar Kadena.
• 2:07:42
  Toast St. And how often have you been
• 2:07:52
  using? I'm sorry, I don't use.
• 2:07:57
  Well, they found a lot of things and Xanax and everything.
• 2:08:02
  Yes, ma'am, I don't. I don't touch that no more.
• 2:08:07
  But you're with people who do I. Separate them myself.
• 2:08:11
  All right, there's going to be field visits one time per month
• 2:08:14
  until further notice. 200 hours. Community service restitution.
• 2:08:21
  I'm going to order MRT. 100 hours will be deducted for
• 2:08:27
  completion of MRT. The remaining hours will be
• 2:08:30
  deducted for every sober support meeting that is completed.
• 2:08:33
  One hour for every hour. Taking consideration 2026 CR
• 2:08:42
  004221 and 2026 AL 00772, there's an $800 fine that will
• 2:08:52
  be probated probation. Is there any proof of employment
• 2:08:58
  within 45 days of release? There's to be no employment as a
• 2:09:02
  home health care provider or with minors.
• 2:09:05
  There should be no unsupervised contact with minors and there
• 2:09:10
  should be no residing in households with minors.
• 2:09:16
  Probation. Is there anything else?
• 2:09:21
  Oh, well, I've already given her the MRT.
• 2:09:22
  Do you suggest cognitive thinking over the MRT?
• 2:09:27
  OK, all right. Is there anything else that you
• 2:09:30
  need? All right.
• 2:09:32
  Did you review the document entitled Trial Court
• 2:09:34
  Certification of Defendants rights to appeal with your
• 2:09:36
  attorney? Did you understand it and sign
• 2:09:39
  it? Oh, and I'm sorry, there's to be
• 2:09:42
  no possession of firearms. All right, Because this plea
• 2:09:47
  bargain agreement, because I followed your plea bargain
• 2:09:49
  agreement and because you waive your right to appeal, you do not
• 2:09:52
  have the court's permission to appeal.
• 2:09:54
  Do you understand here on out everything that you do, you need
• 2:09:57
  to ask yourself, is this something that could potentially
• 2:09:59
  result in me going to prison for 10 years?
• 2:10:02
  If the answer is yes, don't do it.
• 2:10:03
  If the answer is maybe, don't do it.
• 2:10:05
  You understand? All right.
• 2:10:06
  Good luck to you. Who do you have?
• 2:10:13
  Pablo Hall. All right.
• 2:10:15
  Thank you. Charles, what page is Pablo Hall
• 2:10:18
  on? Pablo Hall?
• 2:10:27
  He's not on page 2. What do you got?
• 2:10:33
  All right, Hello. How's it going?
• 2:10:36
  All right, What is happening with this case?
• 2:10:41
  We have a plea bargain for 12:44, six months.
• 2:10:45
  In. The Bear County.
• 2:10:47
  I don't have the paperwork. Just give me a second, OK And
• 2:10:51
  then after this I'm going to take up mental health court.
• 2:10:56
  We're. Going to go get it in the
• 2:11:00
  Backpage. All right, if you'll just have a
• 2:11:02
  seat for me, they got to grab your paperwork, then I'll take
• 2:11:04
  it up. All right?
• 2:11:06
  Just give me a moment. They're going to grab the
• 2:11:07
  paperwork a moment. All.
• 2:11:30
  Right, friends, we're a few minutes behind her feed, so
• 2:11:33
  let's see if we can move forward.
• 2:11:35
  Thank. You and Council, are there any
• 2:11:42
  applications? No.
• 2:11:45
  Court is calling 2026 CR 004851 State versus Pablo Hall.
• 2:11:57
  Could I have parties announced for the record?
• 2:11:59
  Lauren Espinoza for. The state.
• 2:12:02
  Brenda Levenstein for Mr. Hall All.
• 2:12:04
  Right. And Miss Levenstein, you didn't,
• 2:12:06
  you did not sign the discovery acknowledgement.
• 2:12:08
  Have you received all the discovery in this case?
• 2:12:11
  I have. And did you review it with your
• 2:12:13
  client? Yes.
• 2:12:15
  Court will find that the State is in compliance with discovery.
• 2:12:18
  Mr. Hall, did you review the true bill of indictment with
• 2:12:22
  your attorney? Did you understand it?
• 2:12:24
  Council, Do you waive the reading of the indictment?
• 2:12:27
  Yes. State, are you proceeding on the
• 2:12:29
  indictment as presented? Yes, Sir.
• 2:12:31
  All right. You need to sign that deputy.
• 2:12:35
  Could you have him sign that please?
• 2:12:42
  I can come by and sign that later this morning.
• 2:12:54
  Thank. You.
• 2:12:58
  Mr. Hall, did you review court admonishments with your
• 2:13:00
  attorney? Did you understand it and sign
• 2:13:02
  it in all the appropriate places?
• 2:13:03
  Yes, ma'am. You're charged with possession
• 2:13:05
  of a controlled substance penalty Group 1, less than 1G.
• 2:13:08
  That's a state jail felony. Range of punishment is anywhere
• 2:13:12
  from 180 days, up to two years in the state jail facility and
• 2:13:15
  up to a $10,000 fine. If you have a plea with the
• 2:13:18
  state, the court does not have to follow your plea.
• 2:13:20
  If the court does not follow your plea and gives you more
• 2:13:22
  than you bargained before, the fact that you entered A plea
• 2:13:24
  will not be used against you and you will be allowed to withdraw
• 2:13:27
  your plea. You have a right to jury trial,
• 2:13:29
  a right for you or your attorney to cross examine and confront
• 2:13:32
  any witnesses. The state would call in the
• 2:13:34
  right to remain silent. By entering this plea, you're
• 2:13:37
  giving up those rights. Did you intend to give up those
• 2:13:39
  rights and enter into a plea in this case?
• 2:13:42
  Counsel, has your client been able to provide you with any
• 2:13:44
  defenses? Yes.
• 2:13:46
  Do you believe he has a rational as well as a factual
• 2:13:49
  understanding of the charges against him?
• 2:13:51
  I do. Do you believe he's currently
• 2:13:53
  competent and was legally sane at the time of the offense?
• 2:13:56
  Yes. Mr. Hall, has anyone threatened
• 2:13:59
  you? Chorus your place?
• 2:14:00
  You're in fear to get you to enter this plea.
• 2:14:03
  Anyone promise you anything other than the plea?
• 2:14:06
  No ma'am. Are you satisfied with the way
• 2:14:09
  you've been represented? If you're not AUS citizen by
• 2:14:13
  entering this plea you will be deported, denied naturalization
• 2:14:16
  and re entry. Did you understand court will
• 2:14:19
  find that defendant has knowingly and voluntarily waived
• 2:14:22
  his right to jury trial. Did you review the plea bargain
• 2:14:24
  page with your attorney? Did you understand it?
• 2:14:27
  According to the plea, punishment is to be assessed at
• 2:14:29
  six months in the Bayer County Jail under 1244.
• 2:14:33
  There's an $800 fine and no applications.
• 2:14:35
  Did you understand that to be the plea defense?
• 2:14:38
  Yes. State, did you review the waiver
• 2:14:41
  of appeal paragraph with your attorney?
• 2:14:43
  Did you understand it and sign it in both places?
• 2:14:47
  By signing that, you're waiving your right to appeal.
• 2:14:49
  The only items that can be appealed are written pretrial
• 2:14:52
  motions that have been filed, heard and ruled upon by the
• 2:14:54
  court. Did you understand?
• 2:14:55
  Yes, ma'am. Counsel.
• 2:14:56
  Any such motions? No.
• 2:14:59
  Then to the offenses charge. How do you guilty, not guilty or
• 2:15:02
  no contest state any evidence? Yes, Your Honor, Seat over
• 2:15:06
  seats, Exhibit one and all attachments.
• 2:15:08
  No objection. Did you state you may be excuse?
• 2:15:11
  Did you review the waiver and stipulations with your attorney?
• 2:15:13
  Did you understand it? Did you sign it in all the
• 2:15:15
  appropriate places? Again, did you understand you
• 2:15:18
  have a right to jury trial, a right for you or your attorney
• 2:15:21
  to cross examine and confront any witnesses the state would
• 2:15:24
  call in, the right to remain silent?
• 2:15:27
  Did you understand that today the state will be presenting
• 2:15:29
  evidence in the form of witnesses, statements and police
• 2:15:32
  reports, but most importantly, there will be no live testimony?
• 2:15:35
  Did you understand? Yes Sir, the court will find
• 2:15:37
  that Defendant has knowingly and voluntarily waived and consented
• 2:15:40
  to stipulation of testimony and stipulations.
• 2:15:43
  Court will accept into evidence. States exhibits one in
• 2:15:46
  attachments. After reviewing the same, the
• 2:15:48
  court will find there's sufficient evidence to find you
• 2:15:50
  guilty and the court will find you guilty.
• 2:15:52
  Are you proceeding with sentencing?
• 2:15:54
  Yes, please. Anything you wish to say on
• 2:15:56
  behalf of your client? Just that it was a very small
• 2:16:00
  amount of controlled substance and I believe this is a fitting
• 2:16:04
  punishment for that offense. All right, the court will follow
• 2:16:07
  your agreement sentenced you to six months in the Bear County
• 2:16:09
  Jail under 1244. There's an $800 fine.
• 2:16:13
  Court that time in my name rank concurrently.
• 2:16:16
  Court will give you credit for any time served.
• 2:16:18
  Did you review the document entitled trial court
• 2:16:20
  certification of defendants rights to appeal with your
• 2:16:23
  attorney? Did you understand it and sign
• 2:16:25
  it? Because this plea bargain
• 2:16:27
  agreement, because I followed your plea bargain agreement and
• 2:16:29
  because you waive your right to appeal, you do not have the
• 2:16:32
  court's motion to appeal. Because this is a felony
• 2:16:35
  conviction, you're not allowed to own or possess weapons.
• 2:16:42
  Or if you have any, All right, good luck to you all.
• 2:16:46
  Right. Thank you.
• 2:16:47
  You're welcome. Thank you.
• 2:16:50
  Can you tell me all the jurors here?
• 2:16:52
  OK, let me see Has. All righty.
• 2:17:15
  I think she's about ready to get into the jury trial that she's
• 2:17:19
  been working on. Let's go back to Judge Elmore,
• 2:17:24
  please, you. Got a good morning.
• 2:17:26
  You got to the record. Mark Burke, P54935.
• 2:17:28
  I'll be happy to turn Jones off to the people, all right?
• 2:17:32
  Robert Champion, parent on behalf of.
• 2:17:34
  Mr. Decatur, who has seen it to my.
• 2:17:35
  Life, John. All right.
• 2:17:39
  Also this morning is Miss Laura Odell.
• 2:17:41
  She's the agent from the Michigan Department of
• 2:17:42
  Corrections and we are on the opposite end almost of the last
• 2:17:51
  file. We were here back on March 3rd
• 2:17:56
  of 2025 for the entrance of a plea for failing to pay child
• 2:18:02
  support in which there was a killer agreement for 11 up to 11
• 2:18:06
  month delay in which the defendant would be required to
• 2:18:09
  pay 234 a month on his arrears. And and then the sent we the
• 2:18:21
  court conducted the sentencing on April 7th of 2025, placed him
• 2:18:27
  upon that delay. And according to the report that
• 2:18:31
  I have, he has had no issues while on supervision and
• 2:18:35
  apparently has complied. Any objections to proceeding and
• 2:18:41
  giving the defendant the benefit of the delay.
• 2:18:43
  Mr. Berg, we are to thank you very much.
• 2:18:47
  The number that I have the defendant owes I the the delayed
• 2:18:50
  sentence review hearing that I show was in March, I think March
• 2:18:54
  13th of this year. It was adjourned for today's
• 2:18:56
  date to give the defense a chance to pay the balance.
• 2:18:59
  His balance is is incredibly low.
• 2:19:00
  It's it's 2004 O 450 as of April 13th.
• 2:19:05
  I'm not sure if he's made any payments recently, but he's made
• 2:19:08
  great payments and and he's eligible for the attempt, but
• 2:19:12
  he's he's close enough for the disorderly.
• 2:19:13
  So I don't know if he wants additional time to try and get
• 2:19:17
  that balance paid down. I'll, I'd love to give him the
• 2:19:19
  time if the court wants to give him the time, if he can get
• 2:19:21
  that, that better benefit. I'm, I'm great with that.
• 2:19:24
  So. I'll I'll leave it at that.
• 2:19:31
  And the courts, my client just made two days ago, three days
• 2:19:34
  ago another payment of $1200. So he is unbelievably close in
• 2:19:39
  this situation. All right, so.
• 2:19:41
  Since. That.
• 2:19:42
  Date and. Today, he's paid over $1800.
• 2:19:45
  All right, so what's he have to be down?
• 2:19:48
  He had to pay it down to 0, right?
• 2:19:50
  Correct. Did he, I'm sorry, did he pay?
• 2:19:54
  He paid 12, he paid 1200 three days ago.
• 2:19:56
  And what was the other payment? At the end of.
• 2:19:59
  March, you made a $600.00 payment, but I believe that
• 2:20:01
  shows. On the payment that shows it
• 2:20:04
  does and we made a 12 and the other one we just paid.
• 2:20:07
  Correct. That was paid on the 16th
• 2:20:09
  actually. So we all know that on these
• 2:20:12
  failure paid child support, the objective here is to get the
• 2:20:15
  Child Support paid and it's less about punishments and things
• 2:20:22
  like that because Mr. Decatur is doing the right stuff.
• 2:20:26
  So I will do whatever the attorneys want.
• 2:20:32
  Mr. Burke. So what would you like to do?
• 2:20:35
  And by the way, I don't know if I can extend the delay any
• 2:20:37
  further because I'm supposed to lose jurisdiction and I am
• 2:20:42
  extended last time because in February I hadn't reached the
• 2:20:46
  year. Now I've surpassed the year.
• 2:20:49
  So I don't believe I can adjourn it again.
• 2:20:53
  I need to either have a resolution that I reduce it to
• 2:20:57
  the attempt or I reduce it to the disorderly.
• 2:21:01
  Now, if Mr. Burke, on behalf of the great state of Michigan,
• 2:21:04
  says Judge, you know what? We're willing to allow him to
• 2:21:09
  take the disorderly. I'll do it.
• 2:21:12
  It's up to you, Mr. Burke Jonor, if I may, Thank you.
• 2:21:15
  Under under 771.1, the delayed sentence statute, the court
• 2:21:19
  loses its jurisdiction after a year.
• 2:21:21
  However, however, the defendant can waive their jurisdiction.
• 2:21:25
  Irregularity of the court going beyond the year.
• 2:21:28
  I believe the defendant did that back in March and that's why it
• 2:21:30
  was adjourned to today's date. And I've I've no problem with
• 2:21:34
  that. Continue to adjournment.
• 2:21:36
  Quite frankly, Your Honor, I've seen I've seen delayed sentences
• 2:21:39
  run a year and a half even longer as long as the
• 2:21:42
  defendant's making payments and the defendant waives the
• 2:21:44
  jurisdiction regularity. I never ever promised that I'd
• 2:21:47
  rather give the defendant a little bit more time to get him
• 2:21:49
  to that that better benefit, which is a disorderly if he get
• 2:21:53
  paid off in. Full.
• 2:21:55
  To me, that's, that's, that's a, that's a, that's a home run for
• 2:21:57
  everybody. It's a win win for everybody.
• 2:22:00
  I agree. I'm just trying to, I just want
• 2:22:02
  to make sure I interpret MCL 771.1 paragraph 2 appropriately.
• 2:22:08
  And it says the court may delay sentencing the defendant for not
• 2:22:17
  more than one year to give him the opportunity to.
• 2:22:21
  Prove to. The.
• 2:22:22
  Court his eligibility for probation or other allegiancy.
• 2:22:27
  With. The ends of justice and the
• 2:22:30
  defendants. Rehabilitation.
• 2:22:31
  Blah blah blah. So let me keep reading.
• 2:22:51
  Yeah. I just don't think I've got the.
• 2:22:54
  I understand other courts will look the other way.
• 2:22:58
  I already had a question about that.
• 2:22:59
  Today in another. Case and I said I can't look the
• 2:23:02
  other way. I believe there's.
• 2:23:04
  I believe there's case law that allows you to do that.
• 2:23:06
  And that's, that's where it's, that's where it rises from.
• 2:23:08
  I don't have the case in front of me, but I believe there's
• 2:23:10
  case law. I mean I.
• 2:23:12
  It's again, it's up to the defendant to waive that
• 2:23:14
  jurisdiction and regularity. And if he and if he if he does,
• 2:23:17
  then we can extend it for as long as the court will extend
• 2:23:19
  it. I just don't think I've got that
• 2:23:23
  ability to it and I don't like, I also am not the judge who's,
• 2:23:26
  you know, when attorneys come in, well, the guy was charged
• 2:23:28
  with possession of meth. We're going to let him plead to
• 2:23:31
  possession of your toy. You know, I just silly don't
• 2:23:43
  interpret the law. While the judges might do it,
• 2:23:46
  which by the way, is a very common phrase.
• 2:23:49
  Well, the other judges do it. Having spent 24 years in the
• 2:23:53
  military, in the army, how many times I've been someplace around
• 2:23:57
  the world? Well, that's how we've always
• 2:23:59
  done it. And then the lawyer goes, well,
• 2:24:01
  that's not the way the rules say, Lieutenant Colonel.
• 2:24:05
  So. What I can?
• 2:24:07
  Tell the. Court.
• 2:24:08
  I, I would love it if we could reduce it to disorderly today,
• 2:24:15
  but that's up to Mr. Burke. If you guys want to do it, it's
• 2:24:21
  got to get how much is left now. $1200. $1200.
• 2:24:24
  And. Anybody got 1200 bucks?
• 2:24:26
  No, I'm just kidding. What I can tell Mister Burke in
• 2:24:28
  the court is that my client is going into his busiest season,
• 2:24:32
  OK, and he has been making regular payments.
• 2:24:36
  He's. Paid over 1800.
• 2:24:37
  Dollars in the last month alone recognizing 12. 100 is all that.
• 2:24:45
  I think in the interest of justice.
• 2:24:47
  I understand, I understand. It's just it's silly.
• 2:24:50
  Oh, wait, hold on. The clerk is giving me
• 2:24:52
  something. Hey.
• 2:24:58
  Of that 12. $100 is that what's? That's not court assessments, is
• 2:25:03
  it? No.
• 2:25:04
  No, all right. All right.
• 2:25:16
  I, I don't, I'm sorry. I really want to Mr. Gator has
• 2:25:20
  done a great job on this. I don't think I can, unless
• 2:25:24
  somebody point to the statute of the case law and telling me I am
• 2:25:28
  the authority to go beyond the year that I can.
• 2:25:31
  I can bring up and review the case after a year.
• 2:25:39
  Your Honor, would you, would you allow an adjournment for a week
• 2:25:41
  just so I can, so I can provide the court with some authority to
• 2:25:44
  extend the time because I'm on vacation next week?
• 2:25:49
  So here's what we're going to do.
• 2:25:52
  I will adjourn it for a couple weeks, have it reset.
• 2:25:58
  I'm not going to say it's two weeks because I don't know when
• 2:26:00
  that's going to be to allow this question to be answered, whether
• 2:26:07
  or not I can see. I do know there's, I do recall
• 2:26:10
  the case. I can't remember the case name
• 2:26:12
  that I can still have jurisdiction as long as it gets
• 2:26:17
  scheduled. Tell you what.
• 2:26:19
  And I do, and I do kind of just wish I had that case right here.
• 2:26:24
  So I'll tell you what the court will have it adjourned and reset
• 2:26:28
  as soon as the IT fits the court's docket, which by the
• 2:26:32
  way, and I don't, we're not over here every day.
• 2:26:35
  It's likely to be a couple. Weeks.
• 2:26:38
  All right. Thank you very.
• 2:26:40
  Much. Thank you so much.
• 2:26:41
  Appreciate it. All right, Nobody mentioned that
• 2:26:44
  to Champion. Thank you very much.
• 2:26:48
  Thank you. All right, so real quick,
• 2:26:52
  friends, hold up to the camera here.
• 2:26:55
  I just got delivered breakfast by Grandma TCF, which was very
• 2:26:59
  nice of her. She says it's for my sore knee.
• 2:27:02
  So I think it's that that old adage, feed a knee, starve a
• 2:27:07
  cold. I think that's how that works.
• 2:27:09
  But I got some scrambled eggs with cheese and bacon and
• 2:27:12
  mushroom and a couple pieces of toast.
• 2:27:14
  So thank you, Mom. Appreciate that.
• 2:27:19
  We've reached that time, my friends, that beautiful time on
• 2:27:23
  a Friday where we indulge in our guilty pleasure, Appalachian
• 2:27:31
  justice, best served in a cold, dank basement where the screams
• 2:27:35
  of the dead can be heard in the background of the printer.
• 2:27:37
  Never stops running. Judge Capper often shots off
• 2:27:43
  with your head. The walls are bleeding slightly.
• 2:27:47
  Everybody's panicked. Ladies and gentlemen, I give you
• 2:27:50
  Dungeon Court in. This case judge what there were
• 2:27:54
  Co defendants is it and somehow there was a mix up Mr. Ashton
• 2:28:00
  was going to prosecute the the female and Mr. Hill was going to
• 2:28:04
  prosecute Mr. Siple. It got switched now it's back on
• 2:28:07
  track. Unfortunately Mr. Hill is not
• 2:28:09
  here today so we left it on as a pre trial to give it another
• 2:28:12
  date. We.
• 2:28:13
  Just need. Just need the date judge the
• 2:28:17
  trial. Yes trial.
• 2:28:18
  We've had multiple pre trials. I don't think it's going to
• 2:28:20
  resolve itself short of a dismissal.
• 2:28:23
  Are they going to be tried at the same time or separately?
• 2:28:29
  I assume the same thing I'm thinking and I.
• 2:28:33
  Mr. Ashworth. And we do, but I think because
• 2:28:36
  my client at one point admitted ownership of the dogs, her case
• 2:28:40
  might have been dismissed because it the dogs live in the
• 2:28:43
  same house and I, he still, he went these, they're my dogs.
• 2:28:47
  They're not hers. She has nothing to do with it.
• 2:28:49
  So I, I, I have to double check that, he said.
• 2:28:52
  He said we did that last time, so I don't think it is.
• 2:28:55
  Mr. Ashworth. 'S case, the the, what's her
• 2:28:57
  name? Ramon Emily.
• 2:29:01
  Emily Emily. His wife is the one that Mister
• 2:29:03
  Ashworth is prosecuting. Phillip is prosecuting Mr.
• 2:29:07
  Sipple at some point that got switched around.
• 2:29:10
  I don't know how, but I do know that we've had multiple pre
• 2:29:14
  trials and we're just at an impasse, like I said, short of a
• 2:29:16
  dismissal. So we do need a Ben's child
• 2:29:19
  date, OK? Well.
• 2:29:21
  I could do the 22nd or 29th of May with my I've got 6 jury
• 2:29:27
  trials in the next three weeks if nothing said on those days
• 2:29:33
  trial wise. I've already, I've already said
• 2:29:35
  trials. That.
• 2:29:36
  Day dates I've got open 4th of May.
• 2:29:49
  Trials down in iron supposed. Well, did you say the 1st of May
• 2:29:56
  I can do the first of? May yeah I can do.
• 2:29:59
  That then I get into a bunch of trials
• 2:30:17
  May 1st, which was put new new May 1st.
• 2:30:26
  All right, talk to you. Thank you, Judge.
• 2:30:27
  Thank you, Judge. Appreciate that
• 2:30:45
  stable high versus Melbourne and Christian #3 RP 26216 but you
• 2:30:52
  should be back in holding your honor.
• 2:30:58
  This is for our Ryan. 'S.
• 2:31:03
  No, that's. All.
• 2:31:35
  Right, Sir, You're Melvin Christian.
• 2:31:38
  I'm Judge Capper. This is what's called an
• 2:31:40
  arraignment hearing for you. So I'm going to go over what to
• 2:31:43
  charge you if you got a charge back against you menace.
• 2:31:47
  It alleges that on April the 16th of this year you normally
• 2:31:52
  cause. Barbara.
• 2:31:53
  Christian to believe you cause fiscal harm for a person or
• 2:31:55
  property that's a fourth degree misdemeanor under our law
• 2:32:00
  carries a maximum penalty for. 30.
• 2:32:02
  Days in jail, $250 fine. That's the maximum.
• 2:32:07
  You have a right to remain silent.
• 2:32:08
  You don't have to say anything. You have a right to have an
• 2:32:11
  attorney. You have one appointed.
• 2:32:13
  If you can't afford one, they have a right to bail.
• 2:32:17
  Make the stable right? Approve this.
• 2:32:18
  Charge. Down to reason about.
• 2:32:19
  Do you understand those things? OK, I'm going to hear.
• 2:32:50
  I'm going to hear not guilty. Plea.
• 2:32:56
  Well, that we're going to talk about that, do you?
• 2:32:59
  Want a lawyer? Do you have the money to hire a
• 2:33:01
  lawyer? OK, so you want to hire your Mr.
• 2:33:12
  Christians daughter is here kind of on behalf of her mom who is
• 2:33:15
  the alleged victim in this matter.
• 2:33:16
  And. We would not oppose no Arbonne
• 2:33:19
  to a facility. So TCC I believe is working on
• 2:33:25
  securing a bed for Mr. Christian and then he also has.
• 2:33:28
  A VA benefits. So I know his daughter is
• 2:33:31
  looking into that as well. So once we have that figured
• 2:33:34
  out, once we have a bed secured, we would not oppose no or bond.
• 2:33:37
  But the victim does request a temporary protection order in
• 2:33:40
  the. Meantime, well, you want, you
• 2:33:43
  need to assess him and talk with him, Mr. Wilson.
• 2:33:46
  Yes, we we should have an answer here shortly.
• 2:33:49
  His insurance did not cover through our company.
• 2:33:53
  We did not accept it, but we are looking into other options.
• 2:33:57
  OK, well the VA has a lot of options in Huntington.
• 2:34:01
  Well, we one thing that my mother would like to see happen
• 2:34:04
  is to see him committed to the Chillicothe VA mental health.
• 2:34:09
  But we don't. We haven't made contact with
• 2:34:11
  them yet. This happened so quickly.
• 2:34:14
  Has he been there? Before, yes, but it's been, it's
• 2:34:16
  been a couple years. It's 20 years ago or so.
• 2:34:19
  So it's been a while since he's been there, but we've been to
• 2:34:22
  the VA. With four.
• 2:34:23
  Years. Is this a substance use for a?
• 2:34:26
  Yes. Well, they have.
• 2:34:29
  A brand new facility right across the river now and mock
• 2:34:32
  this is. I don't want to.
• 2:34:34
  Knock shell coffee, but I've never had a good.
• 2:34:37
  Well, I should say this, they're not responsive.
• 2:34:40
  I try to get information around them and they do not respond.
• 2:34:44
  We had this problem before when he was admitted to King's
• 2:34:47
  Daughters for 15 days, my mom filed temporary guardianship.
• 2:34:51
  We were within days of doing permanent guardianship, and my
• 2:34:55
  mom backed out. She's a long term, I wouldn't
• 2:34:58
  consider her, you know, battered woman syndrome and so.
• 2:35:03
  She's. Ready now to follow through and
• 2:35:06
  I told her I want to take that pressure off her and I want to
• 2:35:09
  to take control of her. To anyone at the Spring Valley,
• 2:35:15
  we've got a liaison there, Amanda Rayburn I can give you.
• 2:35:19
  Yep. Phone number I would, I would.
• 2:35:21
  Appreciate any of that we we need.
• 2:35:23
  Help. Yes, I mean we don't.
• 2:35:26
  We want nothing but the best for him.
• 2:35:28
  But we're just. Unable to do it on our own.
• 2:35:31
  Does anybody prosecutor's office have that contact information?
• 2:35:34
  I know Mr. Hill does, but he's not here.
• 2:35:38
  Let's see. My mom is very fearful though.
• 2:35:41
  She doesn't want him to come back home at this point.
• 2:35:46
  Your Honor, about $13,250 at my house.
• 2:35:53
  That he can't find. He pulled it out of his savings
• 2:35:56
  account and has been hiding it, rattling it around his house and
• 2:35:59
  taking all door knobs to try to keep my mom from getting it.
• 2:36:02
  It's it's very bad. It's very bad.
• 2:36:05
  He thinks he's hearing voices of men's voices and they're not
• 2:36:08
  there. They're not there.
• 2:36:10
  He and he won't take his medicine correctly.
• 2:36:14
  He cannot. He needs to be in a medical
• 2:36:17
  facility. He needs help.
• 2:36:19
  He needs mental health and it is substance abuse related but it's
• 2:36:23
  also mental mental. Health, yes.
• 2:36:26
  He will not even take his Suboxone the right way.
• 2:36:29
  He crushes it up and snorts it and runs out.
• 2:36:32
  And they won't tell doctors they lie.
• 2:36:34
  See, I'm sorry, I'm, I'm, I'm putting it all out there.
• 2:36:36
  My mom's, my mom's ready to give depositions.
• 2:36:40
  She's just not able to stand in front of him.
• 2:36:43
  But she, she, she said she'll agree to a deposition and tell
• 2:36:45
  all the information. And we have documentation for
• 2:36:48
  the last two years of his behaviors.
• 2:36:51
  So it's, and we know that he has advanced prostate cancer and the
• 2:36:54
  doctors told him that people typically in his age or his
• 2:36:58
  state make it about two years. And we're coming close on that
• 2:37:02
  mark. And also he had brain cancer and
• 2:37:05
  they told us that would come back in 10 years and we're at
• 2:37:08
  nine years. So we think there's something
• 2:37:10
  medically going on. He missed.
• 2:37:13
  It. Let's hold.
• 2:37:14
  It he missed. Resolve this today and then find
• 2:37:18
  a place for him to get. So I just sent.
• 2:37:21
  Miss. Waldo the.
• 2:37:22
  Contact. Information for the
• 2:37:23
  representative from the VA. So let's bring them in on the
• 2:37:29
  meds and. I guess.
• 2:37:33
  Put him back in the holding cell and we'll see what we can come
• 2:37:36
  up with and we'll, yeah, I'm going to order to stay away from
• 2:37:39
  your wife while this case is pending.
• 2:37:41
  So you're going to sign something?
• 2:37:42
  That. You agree to that.
• 2:37:45
  So that's called a temporary protection order.
• 2:37:49
  What's her name? Barbara Christian.
• 2:37:58
  OK, we'll deal with this later. Was get some.
• 2:38:03
  And Mr. Wilson, do you still want to talk to him or Mr.
• 2:38:06
  Wilson? We're going to have some people
• 2:38:13
  come back and talk. You're welcome.
• 2:38:18
  I versus Christopher Clark. Raul, thank you for the 499.
• 2:38:22
  I very much appreciate that. So thank you very much.
• 2:38:46
  Sir, you Christopher Clark, District.
• 2:38:49
  I'm Judge. This is an.
• 2:38:51
  Arraignment for you. Or.
• 2:38:53
  Issue. It looks like there's a warrant.
• 2:38:56
  For you out of. Pike County, so that's way.
• 2:39:00
  So what happens in Ohio on that? If there's a warrant for a
• 2:39:04
  person and it's in a county that doesn't touch the county that
• 2:39:08
  you're located in, Contiguous is a fancy word for it.
• 2:39:12
  So Pike County is not contiguous to Lawrence County.
• 2:39:15
  So you have the right to have a hearing to make sure I don't
• 2:39:18
  send you some place you don't want to go.
• 2:39:21
  I can't find a warrior for you. If you can't afford one, there'd
• 2:39:24
  only be the issue of whether there's a warrant there.
• 2:39:26
  If I should order you go to Pike County, you can wave that in.
• 2:39:31
  If you do that, I will give you a bond.
• 2:39:35
  If you can post it, I'll order you go turn yourself in.
• 2:39:37
  If you can't post a bond, I'll order Pike County to come get
• 2:39:41
  you and take you up there for the IT was on a no operator's
• 2:39:46
  license charge is what they're saying.
• 2:39:50
  So how do you want to proceed? Do you want to have a hearing
• 2:39:53
  here? Do you want to wave a hearing?
• 2:39:54
  I want to try to postpone here. What do you want to do?
• 2:39:57
  I would like to try to postpone. Here and turn myself.
• 2:40:00
  OK. And you do you still live in
• 2:40:03
  Wayne. No, Sir, I'll move the the.
• 2:40:05
  One that was over 11. 15 years ago what?
• 2:40:09
  What's your current address? It's 2701.
• 2:40:19
  OK, So what I would. Do.
• 2:40:21
  I'll post it. I'll set a two $2000 bond.
• 2:40:26
  So what that means is if you've got $2000, you can post it with
• 2:40:30
  the clerk here and then when you go turn yourself in, in Pike
• 2:40:34
  County, you get all $2000 back. I will let you use a bail bond.
• 2:40:38
  So if you want to do that, then you have to pay them a fee that
• 2:40:41
  you don't get back. Usually it's 10%.
• 2:40:42
  So $200 probably get you out then if you don't.
• 2:40:47
  Show up up there. Bail bonds and has to pay $2000
• 2:40:51
  to the court and they don't want to do that.
• 2:40:53
  So they'll come get you and take you to the jail to make sure
• 2:40:56
  they don't want to pay the $2000.
• 2:40:57
  So what do you want to do? You want to pay the $2000.
• 2:41:01
  You want to pay the 2000 here and you get that.
• 2:41:04
  Get that done this afternoon. Yes, she's here right now.
• 2:41:09
  OK, there's somebody here for Mr. Clark.
• 2:41:13
  OK, the clerk's office to the right, we don't take checks.
• 2:41:19
  There's ATMs. You got cash? OK, great.
• 2:41:24
  Go see the clerk post it. And then what I'm going to do.
• 2:41:29
  So you're going to post it by noon today.
• 2:41:38
  So what I'm going to do, I'm going to give you a week to get
• 2:41:42
  out there and turn yourself in. Yes, Sir.
• 2:41:43
  Thank you. Sir.
• 2:41:44
  So that's what is at the 24th, yeah.
• 2:41:54
  Or get them, if you call them and so get them to withdraw the
• 2:41:58
  warrant. That's all I've got.
• 2:42:00
  As long as the warrant's there, then I have to honor it.
• 2:42:02
  Once that warrant was gone, for whatever reason, you've made a
• 2:42:05
  deal with them or whatever, then we're good.
• 2:42:08
  But the warrant has to get withdrawn either by you
• 2:42:10
  appearing for them agreeing to withdraw tomorrow.
• 2:42:17
  So. What I want you to do, because
• 2:42:21
  we have court at 10:00, you know, next Friday I'll have
• 2:42:24
  court and I'm going to tell the prosecutor if we don't have some
• 2:42:30
  documentary for the wrong check and make sure the one's no
• 2:42:33
  problem, it's not, then they're going to have a problem.
• 2:42:37
  So I want you to get out there before then.
• 2:42:40
  So I'm giving you until 8 AMI swear I'm writing down.
• 2:42:46
  Turn yourself in before 8:00 AM on 24th.
• 2:42:50
  Yes. Sir, no problem.
• 2:42:56
  Or if you can't do that, something happens.
• 2:42:58
  You can't get up there. Providentially hindered means
• 2:43:02
  God stops you from going up there.
• 2:43:04
  You got to show up. Here at 10 AM and explain to me
• 2:43:08
  why you couldn't get to Pike County and get this taken care
• 2:43:13
  of. You just don't.
• 2:43:14
  You blow it off and don't show up and you're going to lose the
• 2:43:17
  $2000. So.
• 2:43:48
  Here's what I've written down $2000 bond to turn yourself into
• 2:43:54
  Pike County before April 24th at 8:00 AM or appeared in this
• 2:43:59
  court on April 24th at 10 AM. Explain why you did not hear
• 2:44:06
  understand them. There's a place for you to sign
• 2:44:25
  so and if your person. Goes and post the wrong they'll.
• 2:44:29
  Send paperwork down to the jail to release you so she can go to
• 2:44:33
  come down there after court 750 out here shortly.
• 2:44:37
  Any questions? So I'm putting it on our docket
• 2:44:49
  the 24th as the pre trial. State of Ohio versus Raymond
• 2:45:02
  Jackson, case number CRA 25352. Sir, you're Raymond Jackson.
• 2:45:30
  Yes, Sir. Mr. Jackson, I'm just capper.
• 2:45:33
  And you this. Is what we call an arraignment
• 2:45:36
  hearing, purpose of which is. To tell you what.
• 2:45:38
  Charges. You have what the possibilities
• 2:45:40
  are for those Yeah. I have to tell your rights
• 2:45:44
  first. You have the right to remain
• 2:45:46
  silent. You don't have to say anything,
• 2:45:49
  but we're on the record here and it's not privilege what you say.
• 2:45:52
  So if you say something and it did something about your.
• 2:45:55
  Choice. It could be used against you
• 2:45:57
  when you talk to a lawyer, when you're talking to a lawyer,
• 2:46:01
  that's all privilege. We can't use that against you.
• 2:46:03
  So less said the better about the facts.
• 2:46:07
  It's not a trial today. I'm not going to throw the case
• 2:46:10
  out because you tell me something.
• 2:46:15
  You have a right to have an attorney, to have one appointed.
• 2:46:18
  If you can't afford 1, you have you have the right to have bail
• 2:46:22
  and to make the state prove this charge beyond a reasonable
• 2:46:25
  doubt. You understand this?
• 2:46:29
  OK, so now I'm going to go over the charge with you.
• 2:46:31
  It's possession of drugs. State's alleging that if they
• 2:46:35
  have Township on May 20. 2nd. So this is an over case May 22nd
• 2:46:40
  or 2025 said almost a year ago yes Sir you normally obtained
• 2:46:45
  disaster abuse methamphetamine and that's the schedule of two
• 2:46:48
  substance carries about the penalty of a year jail $2500
• 2:46:54
  fund you understand the. Charge I do.
• 2:46:59
  OK. Do you have the money to?
• 2:47:01
  Hire a lawyer. You have a job.
• 2:47:06
  OK, Mr. Smith. I'll thank you.
• 2:47:18
  Mr. Smith is going to be your lawyer.
• 2:47:21
  State's position on bond for Mr. Jackson, and I've got an address
• 2:47:27
  for you from Beaver. OH, is that where you live?
• 2:47:30
  Yes, Who is? Yes who appears address I do
• 2:47:35
  stay here, but also stay here No, I was going to the bridge
• 2:47:41
  house from my parents is how I when I.
• 2:47:44
  Got to. Know OK they found.
• 2:47:47
  Something. Miss Waldo, what's the state's
• 2:47:50
  position on bond for Mr. Jackson?
• 2:47:53
  Hey, Your Honor, we would not oppose an OR bond if Mr. Jackson
• 2:47:55
  was agreeable to be assessed for treatment.
• 2:48:10
  He has a power Medicare. And he's agreeable to go to
• 2:48:15
  assessment for you have Medicare and Medicaid both?
• 2:48:22
  I know some people have both. Yeah, well, I have to.
• 2:48:26
  All right, Once you get disability, you have Medicare.
• 2:48:30
  So we may be looking at OBPI, don't know who can.
• 2:48:34
  Is anybody else going to take Medicare?
• 2:48:39
  OK. All right.
• 2:48:52
  I'm sorry I forgot which agency you moved to UFR you have.
• 2:48:56
  No recovery. OK.
• 2:48:58
  Do you want to talk to me? And then we'll decide come back
• 2:49:02
  after you're going to come back and
• 2:49:23
  we'll let you talk to somebody to get an assessment.
• 2:49:25
  We'll come back in. 2938 AMD 222694 AMD.
• 2:50:02
  You're Emery Markle, junior. Mr. Markle, I've got it down
• 2:50:08
  from the record that you missed a review hearing on March 27th
• 2:50:12
  of this year on and that looks like the traffic phase.
• 2:50:16
  No operator's license and a tax offense.
• 2:50:24
  Do you admit or deny you missed your review?
• 2:50:27
  Did you have an explanation? No, Sir, I.
• 2:50:32
  Don't actually actually you had a bond up from that you posted.
• 2:50:36
  I don't know how we missed that February the 10th, 2026, that I
• 2:50:42
  don't know what that was. It was a.
• 2:50:43
  Rang and they brought me in here that got picked.
• 2:50:47
  Up on these. Warrants and they brought me in
• 2:50:49
  here. Yeah.
• 2:50:53
  I thought you posted a bond? I did an order.
• 2:50:58
  And then I came there. Then you were sentenced to 16
• 2:51:00
  days in jail for failing to appear.
• 2:51:02
  But you could post a bond for to be released and show up for
• 2:51:07
  review on February 23rd, which I think you.
• 2:51:10
  Did. Show up.
• 2:51:12
  You showed up on February. Maybe you didn't.
• 2:51:15
  I've got this one. To say that.
• 2:51:18
  You're on that day and. Then you showed up.
• 2:51:21
  A few days later got a ring, but then I said the next one.
• 2:51:26
  March 27th. Well.
• 2:51:37
  How'd you get picked up this time?
• 2:51:46
  You were a. Passenger.
• 2:51:48
  Were they speeding or what were they doing?
• 2:51:50
  No. I think that I think.
• 2:51:55
  That OK. How long you been in jail?
• 2:52:06
  Well, I don't know. It doesn't look like you're ever
• 2:52:08
  going to do this stuff. You were ordered to pay a fine
• 2:52:11
  and do some community service and.
• 2:52:15
  Well, you do. Pay a little.
• 2:52:16
  Bit on this I think. You paid 100.
• 2:52:18
  And $70 on one case just so I mean let's.
• 2:52:22
  See. Do you want to just lay?
• 2:52:24
  It out in jail or do you? Want to try to do this.
• 2:52:26
  I want to try to. Do this and I actually actually.
• 2:52:29
  Was at the community cleanup up here.
• 2:52:32
  Oh, were you? Yeah, when Saturday like week,
• 2:52:37
  week ago, which one we can have good at the.
• 2:52:39
  Surlington 3rd. Party.
• 2:52:41
  Was you doing it for hiring? I don't they just I just heard
• 2:52:44
  that you could go. Up there, and I was up there.
• 2:52:46
  I I mean, did you sign in with anybody?
• 2:52:54
  Yeah, because we would give you credit if you came and signed in
• 2:52:57
  and perhaps you were there to do community service because some
• 2:53:00
  people just show up because they want to help out.
• 2:53:02
  And I don't have to I. Didn't I just.
• 2:53:04
  That's what I did. I just showed up, yeah.
• 2:53:09
  I'm just trying to do the. Right thing.
• 2:53:10
  I'm just trying to do well these court day, You know, when you
• 2:53:14
  miss a court day, that's bad stuff happens because you're not
• 2:53:18
  getting a warrant for not showing up.
• 2:53:20
  So you need to be a little more nervous.
• 2:53:22
  Dude. As a lawyer, I'm really nervous
• 2:53:26
  if I'm late for a hearing, especially when back in the day
• 2:53:30
  when I was there down the side of the county, because those
• 2:53:34
  judges were Judge Burton and Linton, they put the lawyers in
• 2:53:41
  jail for being late, not for missing the hearing, for being
• 2:53:45
  late for a hearing. They would put lawyers in jail.
• 2:53:48
  The. Ones we got down are a little
• 2:53:49
  bit easier. Yeah, well, it's like
• 2:53:51
  everything, everything is easier now these days.
• 2:53:54
  Back in the old days, that's what old people say.
• 2:53:56
  It was always tougher in the old days so.
• 2:53:59
  But. It was true because those two.
• 2:54:01
  Guys, they were tough on lawyers.
• 2:54:06
  OK, well, I'll let you try to do this again, but because the jail
• 2:54:10
  is not going to move. The jail's going to be there and
• 2:54:13
  you're going to get a. Warrant if you don't.
• 2:54:15
  Do it, and if you don't? Show up.
• 2:54:19
  So let me tell you what I'm showing you still have left.
• 2:54:22
  You owe 30 hours community service on case number 2938400
• 2:54:26
  and $65. That was a tax defense
• 2:54:30
  conviction. The other one was a tracking
• 2:54:33
  charge go 18 hours of community service.
• 2:54:36
  That's three days, $630 on it. And that was a driving under
• 2:54:42
  suspension. OK.
• 2:54:45
  And you want to do it. You don't want me just converted
• 2:54:48
  to jail. I wouldn't either because I was
• 2:54:51
  I visited that jail, but I. Wouldn't.
• 2:54:54
  I wouldn't want to stick a night there, but I would act like I
• 2:54:57
  was scared of going back there and make sure I got to my place,
• 2:55:01
  that I'm supposed to go my hearings and be nervous about it
• 2:55:05
  if I thought I'd. Miss.
• 2:55:06
  Something. You have a smartphone, you don't
• 2:55:11
  have a phone. You're the second person.
• 2:55:13
  I have no phone, I've been asking.
• 2:55:16
  That question here for quite a while.
• 2:55:18
  You're the second person that's ever coming because everybody
• 2:55:21
  has a smartphone. I was just saying you can check
• 2:55:23
  your case by going on your smartphone, the court's website,
• 2:55:26
  pull up your name. It.
• 2:55:28
  Will tell you. When your hearing dates are.
• 2:55:31
  And. The ladies here love to answer
• 2:55:34
  the telephone. We actually have telephones
• 2:55:37
  here. You can't text us and we'll text
• 2:55:40
  you back like my kids. My kids won't answer the phone
• 2:55:42
  either, but they won't answer when I text them.
• 2:55:46
  But you have to call and ask a question.
• 2:55:48
  When am I supposed to be there? What am I?
• 2:55:50
  Supposed to do they love look that up and tell you you can do
• 2:55:55
  it yourself. If.
• 2:55:56
  You get a smartphone like everybody else.
• 2:55:59
  Don't even have to call them. OK, I'm going to give you
• 2:56:02
  another hearing date. Are you going to remember us?
• 2:56:05
  Write it down and give it to me. You'll probably lose the paper.
• 2:56:09
  But how? How could you get it?
• 2:56:10
  Your. Information if you.
• 2:56:12
  Forget. How can you get the information
• 2:56:15
  if you? Forget.
• 2:56:15
  Oh, I'm not going to. Lose it all, all, all court.
• 2:56:21
  Somebody that's got a smartphone that you know so you can have
• 2:56:24
  them look it up. There's no excuse for not coming
• 2:56:27
  to your earrings and it doesn't matter if you got it unless
• 2:56:31
  being in the hospital. Now that's a good excuse, but
• 2:56:34
  forgetting or losing your paper, that's not a good reason.
• 2:56:37
  So I'm going to set it for the 26th of May, and that's a
• 2:56:44
  Tuesday, not a Monday. May 26th be your next through
• 2:56:48
  evening. But if you don't show up, what
• 2:56:54
  are you going to get? A warrant exactly?
• 2:56:58
  So act like that scares you. See what you're.
• 2:57:01
  Supposed to do OK that's. All, thank you, Senator, you're.
• 2:57:08
  Awesome. All righty, friends.
• 2:57:09
  Well, I see in the comments that somebody believes that today's
• 2:57:12
  court cases were boring. They may not have been the most
• 2:57:15
  exciting that we've had all week, but interestingly enough,
• 2:57:17
  looking at the stats right now, today's viewership was double
• 2:57:23
  the next best day that we had all week.
• 2:57:25
  So to each their own I guess. Regardless, I hope y'all had
• 2:57:29
  fun. I did.
• 2:57:30
  So much so that we'll be back on Monday. 9:00 AM Eastern, 6:00 AM
• 2:57:34
  Pacific, 1/2 an hour earlier. If you are a channel member, go
• 2:57:38
  on about the rest of your day and the weekend.
• 2:57:41
  Enjoy yourselves, have fun. I look forward to seeing y'all
• 2:57:44
  on Monday. We'll be posting some stuff
• 2:57:46
  throughout the weekend too, so be sure to check that out.
• 2:57:49
  Take care, God bless.