Latest / The Courtroom Files / April 24, 2026 Court Hearings: Anzalone Sentences Camper Thief, McGinnis Rejects Dilute Test Excuse, Fleisher Warns Drivers + More | TCF Podcast #277
Transcript
- 0:01Good morning, everybody. My name is Dan soul with a
- 0:04splitting headache, and probably more stress than I should have
- 0:06prior to 6 a.m. but dog on it. It is super Friday and we are
- 0:10going to have a good show today. Welcome one and all, Let's Get
- 0:14It Started With judge anselone. Thanks.
- 0:24Miss Underwood. Do you wish to explain or
- 0:27challenge the accuracy or relevancy of any information in
- 0:31the present report? We do not, you're honor.
- 0:35All right. Convictions which their existing
- 0:49no constitutional me back. I don't.
- 0:52All right. The probation department is
- 0:58computed. The minimum sentence and
- 1:00guidelines to be seven to 23 months, your grid.
- 1:03That competition of guidelines. I do not, you're honor.
- 1:06I just have one brief and I believe easily corrected. um,
- 1:16Mistake your honor. Okay.
- 1:22You can go ahead and my guideline book here.
- 1:24But go ahead. On on the offense, variable
- 1:28scores your honor. The Department of Corrections
- 1:33has, I believe, inadvertently scored Mr. Beside 25 points
- 1:40under OV 13, you're honor I Mr. Beside has no.
- 1:50Prior convictions or allegations.
- 1:55Of. Controlled substance crimes in
- 1:59the last five years, you're on her.
- 2:02His convictions are all public safety.
- 2:05I believe, or person. um and those under the Sunni and
- 2:13Machado step standard which was established in people versus
- 2:18Bonita Machado. For 899, you can't.
- 2:26Um, one of cases. a controlled substance case use other types
- 2:34of cases to Make a case make. To OB 13, work here on it.
- 2:48Right. You see that he had a controlled
- 2:50substance offense from 2018, he was discharged from her
- 2:56probation in November 10 of 21, but miss Walsh.
- 3:00Do you want to weigh in? Because I'll go get my guideline
- 3:05book. I think.
- 3:09They have to pull up on the computer here, sorry, miss
- 3:14mcgrane. My guideline book is probably on
- 3:16my standing desk, or my morning, right?
- 3:19That's okay. It was Obi it was a 13 13.
- 3:26Yeah. Okay, and I score.
- 3:29What did I score 25? I'll 30.
- 3:45Here. and your honor, I wouldn't have necessarily raise it only
- 3:51it does make a difference because it reduces his obese to
- 3:5710 and that would take us down to I a low end of the guidelines
- 4:04of five months in a seven year honor.
- 4:08All right, so in 2020 death. A lot of driving away and 20.
- 4:19So and also that was just being he was just smashed.
- 4:27District Court District Court. Some Miss Walsh, I think.
- 4:43Do you object or do you have? No, I don't.
- 4:47Okay, so That'll take OV. 13 to what?
- 4:560, your honor. so then, That obese 10.
- 5:01And then the guidelines now would be what Five months would
- 5:06be the low, your honor. So, five to twenty three months,
- 5:09okay, before the court passes sentence, is there anything
- 5:14you'd like to say on behalf of Mr?
- 5:16Bizarre. Just briefly on Mr. Bazaar
- 5:20understands that, this was a real Dumb thing to do your
- 5:26honor, he's making strides. In prison, he's going to school.
- 5:32He's doing things to try to anticipate a life outside
- 5:36prison. He understands that he has to
- 5:41address these issues. This was not in any way violent
- 5:46Mr. Bazaar handed over the, what was really?
- 5:51A very small amount of spot. So you're honor and the cops to
- 5:58go and obviously appropriate in this case as the court is aware
- 6:03because this is a felony and was committed in prison.
- 6:08It is not Mrs. Will be required to serve that in prisoner.
- 6:14He will not come to jail because it was not a felony because it
- 6:19was a felony. So I would ask the court to
- 6:23complete the cops agreement. Mr. Beard.
- 6:26I think it's genuinely remorseful Young.
- 6:32I'm sorry. Yes, yes.
- 6:34I after looking at this so he was charged in 20.
- 6:52One. He was convicted in 2022.
- 6:58Oh, you Causing serious injuries a person.
- 7:10And then another causing Serious injury, which is a person.
- 7:13There's three They're all persons Jennifer.
- 7:19It wasn't that about 25 points to be scored as the offense was
- 7:23part of the Polonius, criminal activity, volume three, and
- 7:26we're friends against a person, which is 25 points.
- 7:31But this is new crime against a person.
- 7:33This is a controlled substance Prime, and you can't use crimes
- 7:38against the person. It's right.
- 7:40In the. It's right in the handbook,
- 7:42right? See our instructions are not
- 7:47prosecutor. You want to weigh in it.
- 7:50All right. Our says, okay, it's impressed
- 8:02for over 13 at 25 points for pattern of three or more crime
- 8:06against a person. When the sentencing about
- 8:10offensive self was a crime involving a controlled
- 8:13substance. So the reasoning the court of
- 8:16appeals was found in. Yeah, so she is quoting the case
- 8:22law correctly and we ever gotten the defender annotated won Miss
- 8:28wall. We don't we don't have anything
- 8:30except what our computer shows us.
- 8:33I think we ordered these for you guys, so um it gives us like the
- 8:38updated law every year, they're really good resource.
- 8:41Okay, so I'm gonna leave that for the zero.
- 8:44So um, I don't know who was the original prosecutor in this.
- 8:49Okay. And the cops, there was a
- 8:53category agreement to sent them to the low end of the
- 8:55guidelines. So anything else you want to say
- 8:58Miss Underwood on the record. Nothing myself here on Earth.
- 9:04Is there anything you'd like to say in your own behalf?
- 9:08That I just wanted to say I'm sorry.
- 9:17In determining the appropriate sentence.
- 9:20In this case, the court has considered the seriousness of
- 9:22the offence, your history, the principal proportionality, the
- 9:26statutory penalty, the cost of confinement, the sentence and
- 9:29guidelines, the report recommendation of the probation
- 9:32department, as well as what has been set upon the record.
- 9:35At this hearing the Criterion reasons for the sentence are the
- 9:39nature and gravity of the offense, the disciplined
- 9:42appropriate to its permission. It turns against repetition by
- 9:45you. And by others, the potential for
- 9:47reformation Vindication for the law of protection of society,
- 9:50there was a copying that he would be sentenced to the low
- 9:55end of the guidelines. You were sentenced 12 years to
- 10:0030 years back in 22. But you were a prisoner at the
- 10:04time, this offense occurred. So you understand, you don't get
- 10:07any credit for time served, and this will stack on that and I
- 10:11think you were aware that. So it is a sentence of the
- 10:16Court. You will serve 5 to 24 months
- 10:18with the Michigan Department of Corrections.
- 10:20We'll have no credit. There is a 68 dollar State cost
- 10:24and 130 dollar crime, victim, rights fee, and anything else
- 10:30that's Underwood. No, thank you.
- 10:33Your honor. Mr. Beside, we are going to try
- 10:36to get you your Vice rights for notice of right to a pellet
- 10:40review. We do that through usually the
- 10:42social worker at MDOC. When you get that asked you to
- 10:47initially in date it. So get a copy back knowing that
- 10:49you received it. If you wish to have killed, the
- 10:53sentence would fill out the information on it and mailing
- 10:56address listed within 42 days if you don't receive it for some
- 11:00reason, obviously, you could just send a letter stating that
- 11:03we wish to tell your son and we would take that and
- 11:06consideration. Anything else misunderstood or
- 11:08Miss Walsh. All right.
- 11:13Thank you, Mr. Start have a good day.
- 11:16Thank you. I have another video, see.
- 11:27All right. Well, they line up the next
- 11:29contestant. Good morning.
- 11:30Once again everybody TCF live on a super Friday.
- 11:34Typical Friday, so far slower. Start out.
- 11:37And currently India we'll continue to ride with Joe Jones
- 11:39for a while. What is your name?
- 11:44Shares. Okay.
- 11:52So so sir, I don't have you on my schedule today.
- 11:56Who's your attorney? so, you need to tell them that
- 12:20you're not in the Right place. Okay.
- 12:24All right, thank you. Sorry about that now.
- 12:29It turns all the time. All right. um, so, um This
- 12:41Underwood. I'm going to come back, I don't
- 12:45have anything Miss Underwood till 9:30 with you now.
- 12:49Is that what we're doing? Robeson your honor.
- 12:52Yep, it's scheduled at 9:30. Okay, thank you Mr. Dragonmark
- 13:01goes in Like client brought down, right?
- 13:08Now. Hi.
- 13:30This is Judge and Sloan I am ready.
- 13:32I have jails in five and jealous and six but I am ready for Mr.
- 13:37Moonshine. So just the road Center and then
- 13:44I'll need Robeson at 9:30. Okay, I think you bye.
- 13:50Okay. So, that'll take a minute, Mr.
- 13:55Daily is your client with you. know, he is not your Um, have
- 14:01you heard someone? I told him to check in.
- 14:04Apparently, he's not going to. Judge, good morning.
- 14:20Good morning. All right.
- 14:30Mr. Daly and the matter. Let's start phone number phone.
- 14:35Number 258 H, I have no matter the people, the state of
- 14:43Michigan versus Clawdeen, Howard.
- 14:45The third, this is date time set for sentencing in this matter.
- 14:49And Jim Daly appearing, on behalf of Mr. Howard, and I have
- 14:54TV McClure. Oh, Yep, Allison Arnold
- 15:00appearing on behalf of the people.
- 15:02We did receive day to April 1426.
- 15:06A competency report. Mr. Daly's had contact with his
- 15:14client but his client is not appeared today.
- 15:18Do you wish to just perceive a place in the company on the
- 15:22record at this point? Yes, sure.
- 15:24But the competency, of course, All right.
- 15:29And Miss Arnold any objection. Concerns.
- 15:35Okay, do you? Like to entry of the April 14th,
- 15:382026 comptons, he report, Mr. Daly, yes, sir.
- 15:44Hey, Miss Arnold. Yes sir.
- 15:46All right, at the request of fence console, a competency
- 15:50examination was prepared on Mr. Claude, Jalen Howard I have
- 15:56received a copy of that dated April 14th of 2026.
- 16:01It is signed by Shalom. Her name lmsw, clinical social
- 16:08worker, Certified forensic examiner both Council have
- 16:13received is that correct? Mr. Daly.
- 16:16And miss our home. Yeah, sure, yes, sure.
- 16:18All right. So it stays here that Mr. Howard
- 16:22was evaluated relative pump to see the stand trial is a 26 year
- 16:27old man. The history of substance use and
- 16:30treatment. No, mental health issues or
- 16:32treatment. He did not report or exhibit
- 16:35current symptoms cognitive impairments are intellectual
- 16:39deficits. He presented as alert
- 16:42collaborative, rounded in reality.
- 16:43It will communicate effectively able to stay focused on topics
- 16:47of discussion and able to maintain good behavioral and
- 16:51emotional control exhibited. The capacity to answer
- 16:55questions, coherently and relevantly exhibited.
- 16:58The ability to think, rationally, advocate for himself
- 17:02and provide the representing information.
- 17:04It is their opinion that Mr. Howard did not present with a
- 17:07mental condition that renders him.
- 17:09Incapable understanding the nature and object of the legal
- 17:13proceedings. He is facing or incapable a
- 17:17rationally, assisting with his friends to the country.
- 17:21He did demonstrate, he understands.
- 17:23What do you charge with how those rows?
- 17:25What is accused of doing and what information could be used
- 17:28against you? You understand the roles
- 17:30involved in the legal proceedings and that based on
- 17:36all of that. Shayla murnane lmsw, determined
- 17:42that The aggregate of information supports the opinion
- 17:48that Mr. Howard was prompted to stand trial at the time of his
- 17:52competency examination. I have received a finding an
- 17:56order on competency that has been prepared and I will sign
- 18:01that. Now, do we have another looks
- 18:04like we have a sentencing date on June 12th.
- 18:09Is that correct, Mr? Daily, yeah, sure.
- 18:11All right, so we will continue to that day, obviously, if he
- 18:17fails to appear that day, I will have to issue a bench warrant.
- 18:20So it's important that he appears All right.
- 18:26Thank you. Thank you.
- 18:30Thank you. Know, I have with me from the
- 18:35jail. James new.
- 18:39It's wonderful. Thank you.
- 18:41So this is in the matter of the people of the state of Michigan
- 18:44versus James Alan noon. Schwander.
- 18:47Final number 2026 Dash 22536 FH I have Phoebe McClure appearing
- 18:57on behalf of the people in Michael Decker, margosian
- 19:00appearing on behalf of Mr. Noon schwander.
- 19:02I have had an opportunity to speak with both Council today
- 19:08and it is the date time set for sentencing.
- 19:12We do have the victim Advocate coordinator here today, along
- 19:18with the individual that is the victim in this matter victim.
- 19:25The summary. What do they call it?
- 19:27A victim impact statement was prepared by the victim in this
- 19:34matter and mailed in the court, has not received it.
- 19:36The probation department has not received it nor has the victim
- 19:40advocate, so based on that, Mr. I know you spoke with the victim
- 19:46in this matter and they were reluctant to make a verbal
- 19:49statement. So how do you wish to receive?
- 19:52That? Is correct, honor.
- 19:54So, I would just ask for a little bit of time to get her.
- 19:58Rewrite that statement, she indicated that this time, she
- 20:01emailed him. So she was to make sure it's not
- 20:03lost in the mail when our victims rights male out the
- 20:06blink for they send in a pre-addressed envelope and
- 20:11that's what she sent back. So we should have gotten and we
- 20:13did not, she did indicate she said that in about three or four
- 20:17days from receiving it. So I think she's pretty timely
- 20:20with it. I don't know what happened with
- 20:22the mail, but again she said this time, she would email it.
- 20:25to make sure we have a copy, and Make sure we get it.
- 20:29So I was just asked for a little bit of time to get that around.
- 20:33All right, so Mr. And Mark Roseanne, I heard how do you
- 20:39stand on that? I just my further record I would
- 20:42object to the German. She is more than capable to make
- 20:47the statement. I just wanted to in court.
- 20:50I would object to the I would object to the adjournment but of
- 20:59course So Mr. Goes in what is your leading date?
- 21:07I'm leaving Monday. I'll be gone from 2017 and you
- 21:13come back on May 8th. so, Miss Adams, do we have?
- 21:20Are you Monday mornings, busy down stairs.
- 21:24One day, I'm I'm not going to be oh.
- 21:28So the 11th 30, the 11th you're not available May.
- 21:32Oh, I thought we had said that the 12th was I was gonna ask you
- 21:3611 or 12. Oh what would be better?
- 21:38I know you have District Court stopped?
- 21:40Yeah, I've already called you for 12.
- 21:41We could just keep it for 12. All right, so I am going to add
- 21:47this to um, Nine o'clock. I'm a 12.
- 21:55Is that already? I do have a jury trial starting
- 21:58individual Savers at 9:00 on the 12th.
- 22:01Unless you might do it at 8:00. I have a prelim at 8:15 and I
- 22:07have an MCI review at 8:30 and you could do nine.
- 22:11My only concern is, I would have to get another prosecutor to
- 22:14cover and 9:00 in the district court, document starts so I
- 22:18don't know. Who would be available?
- 22:20But we could do it and I could just we just use available that
- 22:24day. All right, you do in class.
- 22:28I don't I'm fine with eight. I'm fine with it.
- 22:31Being nine with a different prosecutor.
- 22:33Let's just do 8:30. I'll do 8:30.
- 22:37So I appreciate the objection by, you know, we have rules and
- 22:44procedures for dealing with McDonald's and of course someone
- 22:49to make purple statement, they're not comfortable doing
- 22:51that. So I will set this over to me 12
- 22:55and 8:30 in the morning. And Mr. Noon schwander, do you
- 23:01wish to be in person or via Zoom?
- 23:04A person. I'll set that in person.
- 23:08All right, very good. We will do the notice and we'll
- 23:11see back in May 12th in the morning.
- 23:13Thank you. For the course benefit.
- 23:17Is it depending on how that morning's going with the trial?
- 23:20I may still have someone else. Okay, so you're also Okay, all
- 23:30right. Mister
- 23:41All right. Here.
- 24:02Echo echo. Echo.
- 24:04All right. Well, this sort that out.
- 24:06Let's move on. Good ones.
- 24:08Gonna everybody gtf live. It is super Friday.
- 24:12Good to have you all here. Let's stay in Michigan.
- 24:15Let's go to judge morning. McInnes Everyone is asking what
- 24:21happened is in Markham, whose presence, my left State game
- 24:24please. If you are still using the
- 24:28address that I have here on the portfolio and Newbury place,
- 24:30today is a date and time, scheduled for a violation of
- 24:33probation, arraignment. Did you review the allegations
- 24:35with your clients that are pending against him?
- 24:37I have your honor, and we've got technical violations, one, two
- 24:42and three, these violations taken together.
- 24:45If you please feel to your phone guilty, could result in a jail
- 24:48section of up to 15 days, in Oakland County Jail.
- 24:50Do you understand that? Purposes of arrangement.
- 24:54How's your client receiving it or not purposes.
- 25:01The court will enter in that go to plea on your behalf sir how
- 25:05was your client going to proceed?
- 25:06Is it really? It's just right to hearing
- 25:07you're on our we are going to waive that right to a hearing.
- 25:10He is not confessing those delegation but there is some
- 25:14additional information. I'd like to express why Can we
- 25:21see with the plea that I kind of approach and show you some
- 25:24facts. Mr. Martin, would you hear and
- 25:27understand what your attorney is just stated on the record?
- 25:30And you understand because that potential outcome for you, when
- 25:34you have probation violations, could be timing, the open County
- 25:37Jail, this is what entitles you to have a hearing if you want to
- 25:40contest, the allegations that have been brought against you to
- 25:43understand that it was real. And the burden for this type of
- 25:46hearing is much different than the burden to prove.
- 25:49Someone's guilt Beyond A Reasonable Doubt.
- 25:51The burden for our probation violation is what is known as
- 25:54preponderance of the evidence. So the people would have to come
- 25:56to court if you want to hearing and present evidence to prove
- 26:00the violation, but they only have to meet a proper patterns
- 26:03of the evidence standard, which is lower than Beyond A
- 26:06Reasonable Doubt. Do you understand that?
- 26:08Knowing that you have the right to have this hearing and that
- 26:11the potential outcome could be at most 15 days in the Oakland
- 26:14County jail for the violation, is it true that today are going
- 26:17to waive your right to have a hearing because you're intended
- 26:20with guilty? All right, so let's go through
- 26:22the violation, one by one. You know, by supportive and then
- 26:26we can talk about any explanation that you have.
- 26:29So, the first violation allegation is the general
- 26:32failure to submit to random testing its orders.
- 26:35This is the allegation that is listed if you don't have cure
- 26:38for test dates, so no shows. So specifically, it's referring
- 26:42to dates that you were called to test but did not appear.
- 26:45I think that would just be the March 22nd date of 2026.
- 26:50How do you play? All right, and then a technical
- 26:57violation. 2 also has an amended allegation because there are
- 27:01multiple test dates in which it's indicating to record that
- 27:05you feel to provide a sample. So it's different than not
- 27:08showing up about the allegation includes two dates in which it's
- 27:12alleged, that she did not provide a sample for testing.
- 27:14One is April 6th and one is April 11th of 2026.
- 27:19How do you believe? And then the last technical
- 27:23violation is also a testing issue but a different type of
- 27:25testing issue the allocation is that on two different cakes,
- 27:29three, 301 and 42, you provided a dilute sample.
- 27:33When you went into testing at your facility and provide a
- 27:36sample for drugs, having played. All right, I will accept your
- 27:40place. They appear to be freely.
- 27:41Given you can provide an explanation on their as a
- 27:45summary report prepared by the poisson information.
- 27:48What would you like me? Considered our mayor approach
- 27:50groups. Yes, It's actually a lot of
- 27:54testing. Well, okie dokie, then she just
- 28:10ended that right in the middle. It's a Friday.
- 28:15Oh, hey, let's, um, let's go back to Joe James alone have
- 28:19you. Briefly, do you need more time
- 28:32to discuss that rapport with your attorney?
- 28:35Yeah, very cool real quick. I'd be cool.
- 28:37All right. So, Mr. Moan, where are you
- 28:41today, Mr? Milan I am at a wedding in Fort
- 28:46Lauderdale. Okay.
- 28:53Join the great great, please. Thank you.
- 29:06I mean, what case are you here for sure?
- 29:09Venom So someone happens or something.
- 29:15We can do it all. Okay.
- 29:25It's an open program. Um, what cases it?
- 29:35Um, it is Jeffrey Elise. Jamie and Jeffrey Elise.
- 29:40Versus me case under 25 762 ft ch. so, Um, that got adjourned,
- 29:57okay. So miss Adams.
- 30:00It's says who's your attorney. My attorney.
- 30:06Okay, it got adjourned. My book doesn't tell me why.
- 30:11Um, but none of the attorneys are here.
- 30:17So, and that's file number 25. Dash 7622 CH.
- 30:21So I do see that it was adjourned.
- 30:24You might want to reach out to your attorney.
- 30:25Okay, all right. Sorry about that, thank you.
- 30:34So on the one, we did a competency report.
- 30:36So sometimes due to mental health issues or other reasons
- 30:40at the time, people commit a crime.
- 30:42They may not be tempted, whether that's because they're all
- 30:45medication or have some other cognitive issues.
- 30:49So, we do an examination and sometimes they are found not to
- 30:53be content. And then many times, they'll
- 30:56play natural by reasonable insanity and then they go to a
- 31:01mental health facility for treatment.
- 31:04All right Mr. MO. White on the record in phone
- 31:08number 25, Dasher. Roy Moore have, you had enough
- 31:15time to speak with your training?
- 31:17Now Yes, ma'am and your satisfied with Mr. Milan is your
- 31:22attorney in the advice, studying you Yes, ma'am.
- 31:26All right, Mr. White Is to explain or challenge the
- 31:29accuracy or relevancy of any information in the report, I do
- 31:34have your sentence memorandum from March 23rd of 2026.
- 31:39So if you'd like to summarize that You may.
- 31:43Yeah. With, um, first of all Ms.
- 31:45Walsh, a very thorough. Whoever did the report or your
- 31:47office again? Another thorough report, what I
- 31:49had asked the judge to consider because it's a straddle sell,
- 31:53try them out to see if he can pay back this restitution.
- 31:57He's got a 1000 dollars today. I would say put a time limit on
- 32:02it. I don't know if that would be
- 32:03six months a year, we just talked about that and if he
- 32:06doesn't pay for it to be a, some type of incarceration, right?
- 32:10I just talked about it, I'm not sure miss Wall Street.
- 32:13You think about it? Or the judge thinks about it but
- 32:15otherwise there's no Corrections additions or deletions and the
- 32:18guidelines are right. Okay, I'm sorry.
- 32:29I was looking at something else, so anything I was Mr. Milan.
- 32:35No, that's okay. No.
- 32:36Thank you to be 7 to 23 months. You don't inject to those
- 32:41guidelines. I do not.
- 32:43And the presents reward doesn't disclose any prior convictions
- 32:47in which there exists. Any known Constitution affect.
- 32:50No, judge what's killing him. Here is his prvs.
- 32:53Thank you. Yeah, yeah.
- 32:56All right, Mr. Roy Moore, is there anything you'd like to say
- 33:00in your own behalf? Yeah, I'm just I'm very sorry
- 33:05that I took it and when I did I did it.
- 33:07I just for decorations I needed to play to live my home has
- 33:11burnt I've been really trying my hardest to turn my life around.
- 33:15Since I I've got a home now. I've got a growing business.
- 33:18I'm trying to live on his life that I really should be living
- 33:22from start. I'm trying my hardest to do it
- 33:24and Asked you judge. Let me stay on probation and not
- 33:29go to jail right now, and I'll be able to have the restitution
- 33:32should be able to pay off within a year.
- 33:34I have a dollars that give you guys right now today.
- 33:38Thank you. And determining the appropriate
- 33:53sentence. In this case, the court has
- 33:55considered the seriousness of the offence, your history, the
- 33:58principal proportionality, the statutory penalty, the cost of
- 34:02confinement sentencing guidelines, the report and
- 34:06recommendation of the probation department, as well as what has
- 34:09been set upon the record. At this hearing the Criterion
- 34:12reasons for the sentence are the nature and gravity of the
- 34:15offense, the discipline appropriate to its permission.
- 34:18I don't know what that means. Oh no.
- 34:26Deterrence against repetition by Human by others potential for
- 34:29affirmation Vindication for the law on the protection of
- 34:32society. I will also state that I did
- 34:37receive a victim impact statement.
- 34:39I don't think I've ever seen where somebody stole a camper to
- 34:44replace their home, Had extensive damage.
- 34:51Insurance would only calls the lesser of amount or cover.
- 34:54The lesser amount paid an actual value so they did lose quite a
- 35:00bit. They are asking for prison by
- 35:02his classroom, restitution, whether they're not prisoner
- 35:06jail. I don't know.
- 35:09What is your business tell me about your business?
- 35:13It's a growing business. Towing company at Morris, Towing
- 35:17to find it on Google or you know, I've been doing it now for
- 35:20about two years. Oh Towing, yes.
- 35:26You have a tow truck? Yes, I do.
- 35:28Okay. All right.
- 35:33Any. Okay.
- 35:34Thank you. All right.
- 35:37There was a Cubs agreement or there was an agreement was a
- 35:41killer ruined me. looks like, The play agreement, the killer
- 35:47group agreement, dismissed. Any supplements required
- 35:51sentencing within the guidelines.
- 35:52Restitution is set in the amount of 13,000 672 and 28 cents.
- 36:02Positives, are you have? No juvenile criminal history.
- 36:08Got your GED, currently self-employed.
- 36:12Hopefully, you're making good money. you've been involved in
- 36:18recovery Court, in Jackson County, completed in patient,
- 36:21been living drug-free since 2017, according to your,
- 36:28Admissions. All right, so what I'm going to
- 36:48do is I'm gonna place your on probation for a period of three
- 36:52years. I'm gonna do three years because
- 36:54your restitutions pretty high and going to order that you
- 36:59spend seven months in the Lenawee County jail, but I'm
- 37:02going to suspend that pending payments and good behavior.
- 37:07Do you understand that Mr? Moore.
- 37:09Yes, ma'am. I'll give you credit for two
- 37:12days. You've already served You not to
- 37:17use any alcohol during a term of probation, you're not to use an
- 37:21illegal control substances or have paraphernalia in your
- 37:25possession. You must test as required by the
- 37:29probation department. You must have a mental health
- 37:33and substance abuse assessment, any mental health medications,
- 37:38you're prescribed you must take as prescribed and remain in
- 37:42compliance with the treatment plan.
- 37:45The restitution is in the amount of 13,672 dollars and twenty
- 37:51eight cents. There is a crime victim
- 37:54assessment being the amount of 130 dollars, thirty dollar
- 37:58supervision fee 60th. We have to put each other on you
- 38:01750 dollars in court costs and 68, dollars and state cost Miss
- 38:07Walsh. If you could, if you could set
- 38:10up a payment plan dividing that all up within 30 months, you're
- 38:15going to have a monthly amount. You're going to need to pay Mr.
- 38:17Moore because you're restitution is high, okay?
- 38:20So Miss Moore will calculate that and give you an amount that
- 38:24must be paid monthly. You're also going to have to
- 38:27agree that any income tax returns would be signed over for
- 38:33purposes of restitution. You want to understand that?
- 38:35Yes, ma'am. You are not allowed to travel
- 38:39out of the state of Michigan. Unless it's to Lucas County for
- 38:45work purposes, you want to understand that.
- 38:49If I make, I do. Remember why just Lucas County?
- 38:52What is? Hold on.
- 38:53Hold on. Alright letter tell us, right?
- 38:57What city I live in Jackson County.
- 39:01And just in case you have a toe out of Lucas County, you could
- 39:05go get it. Okay, it's right next to us.
- 39:09Yeah. Okay.
- 39:10How much you want me to leave it?
- 39:12You can't go into Ohio at all. I understand your honor.
- 39:16Thank you. okay, but other than that, you can't leave the state
- 39:19in Michigan without Permission to miss Walsh.
- 39:21Now, if you have a job, you're supposed to go pick something up
- 39:24in Indiana, you just got to call Miss Walsh and ask for
- 39:27permission. Yes, ma'am.
- 39:30Okay. Um, anything else must fall?
- 39:35But no, he just needs to report to Mr. Stevenson Tuesday before
- 39:3810 a.m. So next Tuesday between 8:10,
- 39:42you need to come to the court house and meet with Mr.
- 39:45Stevenson, they'll do all your paperwork, your sign, your
- 39:48probation terms. And since you live in Jackson
- 39:52County, they will transfer your probation to Jackson County.
- 39:55Do you understand that? Yes, ma'am.
- 39:59Do you have any questions? No ma'am.
- 40:02All right. Now you do have a right to
- 40:04appeal the sentence, Miss Walsh does Ms, Walsh.
- 40:10Well, let me ask this you I don't want your full address,
- 40:16but you have an address this wash.
- 40:36I have a. House number please.
- 40:39One six one. Is that your house number?
- 40:43Mr? Moore.
- 40:43Yeah. Okay, so we're going to mount
- 40:47your address, you're gonna get an envelope from me and that I'm
- 40:51a local be a self-addressed. Stamped down below back to me
- 40:54and three copies of your notice of right to pellet review.
- 40:57The first one will be highlighted or flag where you
- 41:00can initially in date. It you need to fold that back
- 41:02up, put it in the envelope. I already provided put it in
- 41:05your mailbox, drop it in a mailbox.
- 41:07Whatever, that's your notice right?
- 41:09To pellet review. If you wish to peel your
- 41:12sentence, you would fill out the information on the other forms
- 41:14and mail them to the address list on the form within 42 days.
- 41:18Do you understand? Yes.
- 41:19All right, anything else Mr. Milan Uh, no, I'm I just want to
- 41:25tell Roy that in judge. If I can't put this on the
- 41:27record where you got a pretty good deal, good, plea offer in a
- 41:32really good deal. Let's make everybody proud here
- 41:34and pay this restitution off as quick as you can.
- 41:36All right? Yeah.
- 41:37Yes. All right.
- 41:38Thanks change. Thank you, Mr. Mark, have a good
- 41:42time in Florida. Mr. Juan.
- 41:44I'll be backed about you. Don't worry him as well.
- 41:46All right, take care. All right, just to give a little
- 41:51Geographic context there because she was giving him permission to
- 41:54go into Lucas County. She's talking about Lucas County
- 41:56Ohio. So Lenawee County is in the
- 41:59bottom right hand corner of Michigan and Lucas county is
- 42:05where Toledo, Ohio, is that is where Mrs. TCF was actually born
- 42:10and grew up, and I spent several years in Toledo Ohio on
- 42:14business. So, I've lived there as well.
- 42:18But it's so close that. Basically if anybody from
- 42:21Lenawee County which is pretty much just a rural area wants to
- 42:25go to the quote, unquote city, they're going to cross into Ohio
- 42:28and go to Toledo. So that is that is really why
- 42:32she gives permission for people to go to that County.
- 42:35It sounds a little odd that there's one specific place
- 42:38outside of Michigan that they're allowed to go.
- 42:40But that's why it's that that's like the closest big place for
- 42:45people to go. All right, let's go to.
- 42:48Let's go back to judge. McGinnis, she's back.
- 42:52I think she might have just hit a button or something before.
- 42:59Because of that like five medications twice a day.
- 43:17Oh yeah. That was just provided to me has
- 43:34nothing to do with the treatment for stroke.
- 43:39It appears to be something different.
- 43:52so I thought that that was the reason that you were told to
- 43:55drink to leaders of water, but We're going to have to figure
- 43:58something out because I can't just accept, even if it's from a
- 44:02doctor that says they've directed you to drink two liters
- 44:06of water. I mean that's pretty reasonable
- 44:07for any doctor to tell that to any patient of theirs.
- 44:10But in this set of circumstances, we're going to
- 44:12have to figure out a way to manage these things and an
- 44:16ongoing application to test the without issue.
- 44:18So if your doctor would like to provide something to the court
- 44:21that in addition to your medical history, they're fully aware of
- 44:25your substance use disorder and your probation orders to the
- 44:29court. And then make those
- 44:30recommendations. I'll have to take a look at it,
- 44:33but I'm not going to accept something that's simply says.
- 44:35You've been directed to drink water.
- 44:38To leaders a day from a doctor with no background because if
- 44:42that won't work for you to continue to drug test and you
- 44:45will have to continue to drug test.
- 44:46So we're going to have to work something out to do a hair.
- 44:53Testing does not monitor, what I need to monitor in the same way
- 44:57that the testing you're doing. Now, it's just simply not a
- 45:00suitable alternative. There are other Alternatives,
- 45:02one of them is much more costly. The other one is going to
- 45:08require that you are testing much more frequently which will
- 45:11then turn be more costly. So I would like to try to come
- 45:15up with a resolution short of changing, the type of testing
- 45:18that you are doing good the same results.
- 45:22Around 5. You have a complicated set of
- 45:25circumstances. I understand you have medical
- 45:27issues and that they need to be treated.
- 45:29But at this point you don't have the ability to just simply
- 45:34provide something that says you were directed to drink two
- 45:38liters of water without a doctor telling me that they're fully
- 45:42aware of all of your history. So I think a doctor may also
- 45:47take into consideration, whatever your medical needs are
- 45:50knowing full. Well the substance use disorder
- 45:53history, the probationary term, the obligations that you have to
- 45:57test, maybe we can come up with a different solution from your
- 46:00doctor. When it's the drug test.
- 46:18Right now, he is testing eight times per month, so probably
- 46:21about two times per week. Have a mansion but again, I want
- 46:31some of those testing through his doctor on Facebook screen
- 46:34for drugs as well when he's going to help you want to see a
- 46:38decision. Well, it is once a month.
- 46:45So, I mean, I just Want to go back.
- 46:51And rehash things that we've already dealt with, right?
- 46:54So, I don't want to go back and we have The underlying case, I
- 46:59don't even really want to go back and rehash.
- 47:01What was going on on bond? You're new to probation.
- 47:04Of course, I don't necessarily want to see you a month and a
- 47:08half after your placed on probation.
- 47:09I think your probation officer has given you some leeway here,
- 47:15because in a set of circumstances like what we had
- 47:18leading up to sentencing that led you to be incarcerated
- 47:21before your sentence saying, one violation is enough to have a
- 47:26day back in court with me and you've had the ability to have a
- 47:30missed tests to dilute test to failure to provide.
- 47:33So, at this point, I understand, but I'm telling you've been
- 47:38giving a little bit of Grace here.
- 47:40It's actually, when I think otherwise, the probation officer
- 47:44could have had a zero tolerance policy.
- 47:46There were issues on bond issues that are underlying related to
- 47:49these drugs and alcohol. One test issue, I wouldn't have
- 47:53been surprised if somebody filed a violation and brought back.
- 47:55So you given a little bit of Grace, But what I need you to
- 48:00understand is that you have to gain the trust of the Court gain
- 48:03the trust of the probation officer, that you're doing what
- 48:05you need to be doing and that sobriety is a priority for you
- 48:09as much as everything else that we have going on, including the
- 48:12medical issues. And right now, you're you
- 48:18perhaps in the medical issues and that just simply saying the
- 48:22doctor said this, this is what I'm doing.
- 48:24We might have to make some adjustments so that you can be
- 48:27successful in treating, your medical issues, but also
- 48:29successful on probation and demonstrating full compliance
- 48:33with the requirements that you're not to use drugs or
- 48:35alcohol to understand. So, I don't want to make changes
- 48:40to the testing right now. I think we were actually going
- 48:43to consider talking about removal of the tether but right
- 48:47now we can't do that because taking the tether away means
- 48:50potentially the outcome is that we put you on the same type of
- 48:53testing that you're doing for drugs.
- 48:54And if we're struggling to get those samples provided or get
- 48:59samples that are not dilute, I don't want to add the alcohol
- 49:02testing in at least as you see in here right now, you have no
- 49:04tether violation. So, I'm not concerned that
- 49:07there's use of alcohol, right? So that needs to stay in place
- 49:11for a little bit longer while we navigate the testing overall.
- 49:14And then once we're confident, that we have a way for you to go
- 49:18and test as directed. I don't have an issue taking the
- 49:21tether off and putting something else in place, but I don't want
- 49:24to do that right now. When we're struggling to get
- 49:26accurate samples provided for the drug testing.
- 49:29Does that make sense? so what time do you typically go
- 49:33to test, you have to order on probation that you have to test
- 49:35before 10 a.m. but, I'm back in the morning.
- 49:52Listen, this is Jim great idea, but that's not the priority
- 49:55right now. So what we're going to do today
- 49:57rather than start penalizing you for these issues, with the
- 50:02testing, I am going to adjust some of the requirements for you
- 50:05for testing. So you would normally be under
- 50:09court order to test by 10:00, if you're not doing that
- 50:12consistently, that's another thing that could have been a
- 50:15violation today and the PO decided not to do that like
- 50:18leading to give you an opportunity to get adjusted, but
- 50:20if you are going to be treating medical issues at this point and
- 50:24at the end of the day, we believe that the factory is
- 50:26going to tell the court that hydration is important.
- 50:29You need to test when they open So, I don't even want you
- 50:33waiting until 10:00. I want you to get up in the
- 50:36morning call, if you're called to test, you need to go to their
- 50:40first. So I'm looking at having you
- 50:42test Well, before 10:00. Between 7 and 8.
- 50:47And then if you do need to do certain things that are
- 50:50recommended by your doctor, you have the rest of the day and
- 50:54then we'll have to navigate how that might work for you, but I
- 50:57think it's going to work better. I can't have you calling and
- 51:01then going in at 11:00. I'm assuming at that point if
- 51:04you're expecting to be hydrated, before you consumed liquids and
- 51:07try to do that, but you can't do that or this testing will not
- 51:10work. So I am I'm going to make that
- 51:14adjustment for you that I need you to be testing by 8 in the
- 51:17morning so you need to call and go in first thing after you
- 51:21call. And then everything else you'd
- 51:23like to do after that, you have the whole day to do it, but it
- 51:27won't be putting the testing on the back burner to go to the gym
- 51:30first. But you will continue with all
- 51:33of the other conditions. I want this to be addressed and
- 51:36treatment so you can at least be open and honest about some of
- 51:39these issues that you've had whatever you choose to discuss
- 51:42with the treatment providers up to you, but they can help us
- 51:45assist you and sort of helping you prioritize and getting the
- 51:49focus back to these things that you still have to do regardless
- 51:51of the other things that are going on.
- 51:53So you'll have to have some sort of acknowledgment in writing
- 51:56from the treatment provider that they know you came back to
- 51:58quarter ready and that your resulting some testing issues.
- 52:01Okay, so just be in writing I'm not going to impose the cost to
- 52:07compel of this point. I don't want to add any
- 52:09additional fees that would just be paid.
- 52:12And I am instead of the community service, I would like
- 52:15you to go back and get something from the doctor that's treating
- 52:20you that contains information that they are aware, just like,
- 52:25you've indicated, they're aware of the history, they're aware of
- 52:28the obligations that you have here in court, and that medical
- 52:32decisions are going to be made with that awareness.
- 52:35I'm not going to tell them how to make medical decisions, but
- 52:38that's the kind of documentation that will play a role and how we
- 52:41handle you on supervision but I can't just have like a random,
- 52:46you know, document brought in. He's told to drink, two leaders
- 52:50of water a day and I think you understand most people's doctors
- 52:53would probably tell them to do that.
- 52:55So in your situation, if it is really a part of your treatment
- 52:58plan, if it has to come to the court in the form of your
- 53:02treatment plan, where I know that the doctor is fully aware
- 53:05of all the other things that are going on. and if we continue to
- 53:08have any issues with testing, even though we're making these
- 53:10adjustments, We can potentially look at something else, but I'm
- 53:14honestly trying to get this to work because it's going to be
- 53:18the best option for you from a cost perspective.
- 53:21And I think if we can make some adjustments, there's a
- 53:24possibility to work and if it doesn't have to do something
- 53:27else. Yeah. topper in the morning for
- 53:31me to I mean, I think you have to make a new routine and you've
- 53:40got to put this first because there's a lot of other things
- 53:44that you have to do on probation.
- 53:47If we can't get a sense that the tests are being taken and that
- 53:51the results are accurate. I can have you do a million
- 53:55things on probation but it doesn't matter because the one
- 53:58thing that verifies that what we're doing is working are those
- 54:01negative test results, right? So you've been on probation for
- 54:05about a month and a half and we've had, you know, what is
- 54:07this? Five, five tests that we've had
- 54:10issues within that time frame out of maybe 10 that you've been
- 54:14told you have to take. So that's not a good ratio.
- 54:19So I'm just trying to give you a little bit of Grace here, but I
- 54:22know that your focus before, all of this is probably been 100% on
- 54:27medical. I know that that is still the
- 54:30focus and I'm not taking the place of the doctor that's
- 54:33making recommendations, but you are going to have to understand
- 54:36that adjustments will need to be made communication needs to be
- 54:39different and you have to be able to come up with a plan that
- 54:42works. So that we are not going to come
- 54:44back here every couple weeks about testing issues because we
- 54:47won't be able to keep you on probation.
- 54:53But again. Classes taking notes up fast as
- 54:59we want to see it. My calendars are actually
- 55:01doctors, and my life was very good affordable directly so
- 55:08that's not let it fall apart over the testing.
- 55:12All right, well, I think in focusing on the positive.
- 55:18I'm sure that the work that you've been doing on all of
- 55:21those things is part of the reason I didn't see you.
- 55:24After one testing issue, and as part of the reason that your
- 55:28probation officer is making a recommendation that's quite
- 55:30reasonable and that very few minutes.
- 55:32So, I would imagine that. That's because they are really
- 55:35confident that you are doing the work, that you are reporting to
- 55:38the court in those other areas. But at the end of the day, it's
- 55:42still court ordered probation. So if I can't verify that you
- 55:45are maintaining your sobriety with the testing.
- 55:48Unfortunately that's a component that I can't look past, so we
- 55:53need to get the testing in order here but Those are the only
- 55:56changes that are being made today.
- 55:57If you go to different counter they will provide you with an
- 56:00updated copy of the conditions and that I would just stop and
- 56:03probation to see if there's anything you need to do before
- 56:05you leave. Thank you, thank you.
- 56:06Thank you. so,
- 56:49your pores 002783 people of the same machine types.
- 57:00I just get your name. Look in his name.
- 57:04Are you still using and mailing address on the whole street?
- 57:07Yes, today is a date and time that's been set for our
- 57:10conditional sentence show cause you're before the court for
- 57:15sentencing and February 4th. At time of the Court, had a full
- 57:19PSI to review with information about you.
- 57:21I made a decision for sentencing not to place you on probation or
- 57:25impose a term of incarceration. However, you were ordered to
- 57:29complete a couple conditions that included the payment to
- 57:33find some costs. Here.
- 57:40And the requirement that you take effect education class,
- 57:43within 60 days of the date that you were given the conditional
- 57:48sentence. so, originally Let's see, this came to the court.
- 57:56Basically, indicating their issues with both of those
- 57:58conditions that you hadn't paid the fines and costs in full.
- 58:02And that you didn't complete the class within 60 days, the update
- 58:05that I received is that the class has been completed.
- 58:08I think it's safe to say that. It is a calculated to be outside
- 58:11of the 60 days, but it is before today's date that you completed
- 58:14it. So I'm not intending to focus on
- 58:16that today. I'll be good.
- 58:18I am an entertaining and focus on the finds and cost, so the
- 58:22finds and cost with the conditional sentence, had to be
- 58:24paid within 60 days. The current allegation that's
- 58:27brought back to court is actually have not made any
- 58:29payments or have not major a full payment.
- 58:32It was originally 575, that was ordered now because we've gone
- 58:36beyond the 60-day time frame that you were provided.
- 58:38They've added 20% late fee. Do you understand?
- 58:41That's why you're here today. I don't A reason I bought my
- 58:46everything was completely in May 4th on May 4th instead of April
- 58:524th okay. So I sort of calculated online
- 58:56income and tried to put everything aside.
- 58:59I do have a partial payment but it was a bit steep for me with
- 59:03my deals and everything that way it is with that.
- 59:07So that was the reasoning. So I had put so far May 4th, I
- 59:12would have had the whole amount but I was an added cost which is
- 59:18kind of secretly. So that was the issue.
- 59:21It was just me miss, calculating the baby. so, Typically once a
- 59:29conditional sentence is put in place the court.
- 59:32Just can't continue to sort of move the goal, post when she
- 59:36changed the terms of the conditional sentence.
- 59:38When you have to come back for a showcase, which is what today
- 59:41is, it's essentially a decision that you're making as to whether
- 59:46or not you want to challenge the allegation that you are in
- 59:49contempt of court. Because that's essentially what
- 59:51happens when you don't follow a court order.
- 59:54That's what the foundation is. What are you in a position to
- 59:58me? Today, I could okay.
- 1:00:01And then you would need a little bit of additional time to pay
- 1:00:04the balance, if the court chooses, I could wave that late
- 1:00:07fee, if you're able to be the balance within, the short period
- 1:00:11of time, are you able to do that?
- 1:00:13And so we can find that's fine. So I don't know what the
- 1:00:17confusion was. I know what the conditional
- 1:00:19sentences. It's not as much communication
- 1:00:20as probation, but obviously to see that you had limited
- 1:00:25conditions to begin with and then we had to bring you back to
- 1:00:27get you to complete them. Is not necessarily what the
- 1:00:30court school is for you. The hope is that we didn't have
- 1:00:33to see you again, but she completed the class at this
- 1:00:37point, which was important, you're in a position to pay a
- 1:00:40pretty sizeable amount. I know you paid 100 dollars in
- 1:00:44February. Is that right?
- 1:00:45Yes. Oh, it was the 10% that they
- 1:00:52catch from the bond. That was okay.
- 1:00:58She exposes me. Wow, okay.
- 1:01:01I'm sorry, that was posting throughout his name, that's why
- 1:01:03we don't have it applied. So will some of my out to the
- 1:01:06front counter? I don't think that this is
- 1:01:09something that warrants a whole outcome today, even though I
- 1:01:12know you're acknowledging you didn't pay the fines and cost of
- 1:01:15full where I would consider it formal probation or jail which
- 1:01:18are both opportunities that where it has for a show cause I
- 1:01:21will just simply send them out. You're going to make your
- 1:01:24payment today and then I will give you two weeks to be the
- 1:01:27balance in the file will be closed.
- 1:01:28So it becomes a money issue. Not a conditional sentence
- 1:01:31showcase, but if you don't pay that balance, I am going to
- 1:01:35reduce it. And take the 20th will be the
- 1:01:38balance, but if you do not pay that balance within 14 days,
- 1:01:42then they set another show cause date for you, it's separate.
- 1:01:45Not the same as the conditional sentence show cause, but there
- 1:01:48will also be a fee that's assessed for that, $40 if
- 1:01:52they've got to set that court date for you.
- 1:01:53So you just continue to build the balance up, but this is all
- 1:01:58Based on fact, you're going to pay 500 dollars today.
- 1:02:00So the clerk shop has will be informed that if there's some
- 1:02:03reason you can't make the payment today, they're going to
- 1:02:05send you back on the courtroom, but okay, all right.
- 1:02:09It says that wasn't about to the front and I'll call you in a few
- 1:02:12minutes. Thank you.
- 1:02:13Thank you. Morning once again, everybody
- 1:02:18TCF live on a super Friday. I hope you're all enjoying
- 1:02:21yourselves. I know I am, my headache is
- 1:02:24finally starting to subside just a tiny little bit.
- 1:02:28Thank the Lord, okie dokie. Let's do this.
- 1:02:32Let's go to Yeah, let's go to Kansas.
- 1:02:38This is Magistrate Judge Boone where his docket is simply
- 1:02:42titled jail, people. I don't know if that's who he's
- 1:02:45talking to her what he intends to do but let's find out.
- 1:02:57Brian Lee Hansen. You're here on a bench.
- 1:03:00Warrant appearance, it looks like you.
- 1:03:03Are alleged to have violated terms of your probation.
- 1:03:06Yeah, right to an attorney right?
- 1:03:08To have an attorney appointed. Um, what's your plans with
- 1:03:12attorneys? You had Mr?
- 1:03:13Johnson, but it's been 30 days since insane.
- 1:03:16This case. 25 CR 3.04. and so, It's since dropped off, if you
- 1:03:22wanted a pointed Council, you'd have to fill out paperwork.
- 1:03:29I don't need counseling. Do I Can tell you that I mean
- 1:03:33it's gonna be set for a probation revocation.
- 1:03:34Where states can argue to revoke your probation?
- 1:03:37Have you serve your underlying sentence?
- 1:03:40So, you can decide if you need counselor or not, they told me
- 1:03:43just come here. Judging give her these and go
- 1:03:48back to treatment. They told you that my probation
- 1:03:52officer. Yeah.
- 1:03:53Okay. I don't know anything about
- 1:03:57that. I wouldn't release you today.
- 1:03:58Need to be set for a hearing. This record, you know, anything
- 1:04:04about that. You provide in Saline County by
- 1:04:09Community, Corrections, there Nikki diniz here in our
- 1:04:16Community. Corrections has a pretty
- 1:04:17different perspective. I think than that, Mr. Hansen
- 1:04:23wanting you fill out the paperwork for court appointed to
- 1:04:25councils so it can be set for a hearing to argue what you just
- 1:04:28talked about there and your attorney can sure argue for
- 1:04:33that. But Um, you could be revoked and
- 1:04:39be sent to prison. So you know, I don't know what
- 1:04:42your underlying is, but they have paperwork in the jail.
- 1:04:49Do you find your motion to revoke?
- 1:04:50Yeah, Mr. Becker, we've not, I don't think so, we're running
- 1:04:54into May 1st to follow your motion to revoke.
- 1:05:04If most into revoke. Doesn't get filed.
- 1:05:08You'll be released at 10 a.m. on May 1st.
- 1:05:12It doesn't get filed by then. Okay.
- 1:05:16That's all I have for you today. Mr. Hansen.
- 1:05:35What's your name? Dustin RV.
- 1:05:40Dustin Hunter Darby, you're here on a 48 hour out of David, an
- 1:05:44unfold case, something's Been formally filed, I'm going to set
- 1:05:48your bond, your bond conditions. It looks like you could be
- 1:05:51charged with aggravated, assault, possession of marijuana
- 1:05:55use or possession of drug paraphernalia and then underage
- 1:05:58possession of tobacco, what's the state's position on bond for
- 1:06:01Mr. Darby Your honor, the aggravated assault is a levels
- 1:06:05of a person. Felony, the others are
- 1:06:08misdemeanors or tobacco infractions.
- 1:06:10I would just ask Bond Visa according to the schedule at
- 1:06:1320,000 cash commercial Surety, Mr. Darby, you can speak to the
- 1:06:16amount of bond. You want to be heard on the
- 1:06:20amount. I'm not saying anything, until I
- 1:06:24get to speak directly with the lawyer.
- 1:06:26Okay. 20,000 dollars. Cashier commercial sure.
- 1:06:29Is your bond. if you happen to so you can see a bondman
- 1:06:33bondsman He happened to bond out.
- 1:06:39You, make sure you have no contact with the alleged victim.
- 1:06:42No, contact with Seth notes of any kind of face to face friend,
- 1:06:46social media contact. You can't possess our consuming
- 1:06:50illicit drugs, or any alcohol. While you're out on bond, you
- 1:06:52randomly, they'll be randomly tested.
- 1:06:55Those tests come up, positive for any substances that be
- 1:06:58violating your bond conditions. You'd be re arrested, don't
- 1:07:01break any laws of the state of Kansas to get an attorney for
- 1:07:04this. Don't A bright contact with that
- 1:07:07attorney, make sure you maintain contact.
- 1:07:11Do you have any questions for me?
- 1:07:15Not particularly ones that. How can I the best way for me to
- 1:07:20get a lawyer? Is it just going through the
- 1:07:22paper in my pocket? You can you can hire an
- 1:07:25attorney. Nothing's been formally filed
- 1:07:28yet. So Okay.
- 1:07:31That's all I have for you today. All right.
- 1:07:33Thank you. And you said bail was 20,000?
- 1:07:36Yes. So how much would I actually
- 1:07:39have? That would be the amount.
- 1:07:41I would have to get to you guys before I could be released you
- 1:07:43can speak to a bondsman. I'll tell you how much.
- 1:07:46Thank you know, has that paperwork too?
- 1:07:48Thank you. What's your name?
- 1:08:04James. I have a couple of things for
- 1:08:09you. I have two 48 hour, affidavits
- 1:08:12nothing's been formally followed on you and those cases but I
- 1:08:16need to set Bond on them. Okay.
- 1:08:18Um one has a Litany of um, Basically traffic violations and
- 1:08:26misdemeanors operating a vehicle without tail lines driving while
- 1:08:29licenses suspended. No proof of insurance reckless
- 1:08:32driving flee and elude interference with law
- 1:08:35enforcement passing on the right.
- 1:08:36I guess some of them are Misdemeanors CD maximum speeds
- 1:08:40failure to Signal or turn in a lane change.
- 1:08:44Disabling traffic control device emerging from alley or driveway.
- 1:08:49The other one is a one that alleges Criminal Trespass,
- 1:08:54criminal, deprivation of property and then driving while
- 1:08:57license while license is suspended, We're going to set
- 1:09:01Bond on these Mr. Becker, what? States position on bond?
- 1:09:05You want to set these together separately?
- 1:09:07What do you want to do? I would do separately.
- 1:09:09You're on her. in the Criminal Trespass matter.
- 1:09:15I believe all three of those will be misdemeanors.
- 1:09:19One could be able to have felony if he said more than a couple
- 1:09:22Criminal deprivations. But I believe the most of your
- 1:09:27charge, there is a class, A misdemeanor.
- 1:09:29And so to ask Bond, he said at 1,000 and that matter. and then
- 1:09:35in, The, I suppose you could call it the fluid matter.
- 1:09:44There are, I believe, two felonies allowed to felony, plea
- 1:09:47and elude and the bling on foot is a level 7, non-person,
- 1:09:53falling interference with law enforcement.
- 1:09:54I would ask bodies at 20,000 in that matter.
- 1:10:00Okay, normally I would ask if you want to be heard on bond,
- 1:10:03the problem is, is you have several items that are going to
- 1:10:06hold anyway. So you wouldn't be able to pose
- 1:10:08bonds so dollars on the One matter, 20,000 cash commercial
- 1:10:14Surety on the other matter, just standard Bond conditions, no
- 1:10:17drugs, or alcohol Obsession of are you use of drugs or alcohol?
- 1:10:21We ran into late tested, make all your court dates.
- 1:10:26If you get an attorney stand in contact with that attorney, and,
- 1:10:35I think that's all don't break any laws of the state of Kansas.
- 1:10:38Then I have another Let's see, on 24, CR 349, 25 CR, 29, 25 CR,
- 1:10:48401, 25 CR. 89 25 CR 90, 25 CR. 224, it looks like you.
- 1:10:57Let its alleged that you broke your bond on some Maybe they're
- 1:11:10all bonds? Yes, sir.
- 1:11:19On my way you broke a bond violation and violated your
- 1:11:23bond. So, You have a right to an
- 1:11:27attorney. You have MS. McCoy's your
- 1:11:29attorney. Mackenzie McCoy.
- 1:11:30Stand contact with Ms. McCoy. It's gonna be set for a bond
- 1:11:34rotation here, actually, I think it's maybe set for a status, but
- 1:11:38we'll set it for Bond. Revocation /, status in those
- 1:11:42cases. Anything by the state.
- 1:11:47Know, you're only. Thank you.
- 1:11:50Thank you. That is all I have for you
- 1:11:52today, right? You too.
- 1:12:02What's your name is reportedly? Andrew Brian Corley.
- 1:12:06You're here on a first appearance.
- 1:12:07You received a warrant. I can read that warranty word
- 1:12:10for word or I can just read you these short version as to what
- 1:12:13your charged with which would you like me to do?
- 1:12:15You can just do the short version.
- 1:12:17Okay. Charged with one count.
- 1:12:20Aggravated battery. It's a severity level 4 person.
- 1:12:23Felony in the state of Kansas holds with it.
- 1:12:25The maximum sentence of 172 months in prison at the high-end
- 1:12:29low-end. It's 38 months in prison.
- 1:12:32So all through all criminal history scores, it's Presumed
- 1:12:37prison. Okay?
- 1:12:38And you could be fine, 300,000 dollars.
- 1:12:41Do you understand the severity of the count?
- 1:12:43Yes, a right to an attorney. Oh yeah, Bond of 25,000 dollars.
- 1:12:48You have a right to an attorney have right to have an attorney
- 1:12:50appointed. What's your plans with the
- 1:12:53attorneys? I have Mackenzie McCoy appointed
- 1:12:56for all my cases, so far. So I found out this Level four
- 1:13:04as he filled out paperwork for this.
- 1:13:06Does he need to fill out more paperwork, Emily.
- 1:13:11Know, I can take it from the other case because that one was
- 1:13:15filed just last week, so you can do that and he does have status
- 1:13:20conferences set for May 19th at 10.
- 1:13:25His Mackenzie able to take a level 4.
- 1:13:30Um, probably not. I can ask.
- 1:13:35Her. And go from there.
- 1:13:37The 19th of April. Is that what you said?
- 1:13:41No, May 19th. That May 19th of May. 10th.
- 1:13:50Okay. Um, Mr. Corley.
- 1:13:56We'll see you back here again the 19th of May at 10:00.
- 1:14:01Okay. First steps.
- 1:14:03All right. Stay in contact with your
- 1:14:05attorney. All right, thank you.
- 1:14:08So, I have for you today. We just love any era.
- 1:14:36Secure here at a 48 hour. Affidavit nothing's formerly
- 1:14:39filed. It could be what could be
- 1:14:41charged as a third time DUI set your bond today.
- 1:14:45Mr. Becker, what's the state's position on bond?
- 1:14:48Here on our third DUI with his priors.
- 1:14:50As recent as they are, makes us a little six non-person felony.
- 1:14:54I'd ask bond be said, according to the schedule at 20,000
- 1:14:57capture commercial Surety and I would ask as conditions of his
- 1:15:01bond that he not drive. Mr. Lillian area, you want to
- 1:15:08speak to your bond amount. You said 2000 20000 20,000.
- 1:15:17Okay, let's beat 2000. Do a bondsman Is there anywhere
- 1:15:21that I could get our production? How much do you thinking?
- 1:15:24Um, I could probably do a couple hundred dollars, I'm not sure
- 1:15:29how much I have. That'd be 2000.
- 1:15:32That'd be pretty low. Yeah, considering the Recent
- 1:15:39activity in DUIs. I think 20,000.
- 1:15:45Is pretty standard. It's actually on the low end of
- 1:15:48that 20,000 dollars. Cashier, commercial Shirley is
- 1:15:50your bond need to follow the bond conditions.
- 1:15:53Make all your court dates. Stay in contact with your
- 1:15:56attorney, if you get one, don't possessor consume any illicit,
- 1:15:58drugs, learning alcohol. While you're out on bonds, Um,
- 1:16:04you'll be randomly tested Through Blood Brother to learn
- 1:16:06or urine. No driving.
- 1:16:08Okay, I wasn't sure on that one. Yeah, no driving of any vehicle.
- 1:16:18and as part of your bond conditions, if you get, if you
- 1:16:22don't follow those Bond conditions, you'll be
- 1:16:24rearrested, you could be held for the entirety of your case.
- 1:16:28I wouldn't even let you bond out.
- 1:16:30So make sure you follow those Bond, conditions, anything else
- 1:16:33by the state, no, your honor, thank you.
- 1:16:36Anything. I do not at this moment.
- 1:16:41Okay. All right, I guess he's done for
- 1:16:50the day. Let's go to Florida Brantley
- 1:16:58Clark. Did this one?
- 1:17:06My own motion. Is that correct?
- 1:17:08Oh yeah. I'm gonna direct the public
- 1:17:10defender's. You'll get all that information.
- 1:17:16It's going to set it for instead of June because I don't in for
- 1:17:20June. Is that?
- 1:17:23June 16th at 9:00. All right.
- 1:17:26Thank you, sir. That's all happened.
- 1:17:41Mr. Carter Jessica Or Mr. White call you cleaner?
- 1:17:56She pleading, okay. All right.
- 1:18:03Jessica Hall. I'm just Jessica Hall case,
- 1:18:12number 2422 33. It was Mr. White Mr. White, yo,
- 1:18:17yo, yo help Mr. White Mr. Perez from helping me this white, you
- 1:18:20said that in what I asked you to do, okay, um, she's gonna
- 1:18:24withdraw her previously, entropy of not guilty, enter play of no
- 1:18:28contest account. One dealing in stolen property a
- 1:18:31second degree felony and count to petty theft.
- 1:18:33The first three, misdemeanor Precision negotiation with the
- 1:18:36state of education will be withheld.
- 1:18:38She'll serve 24 months on probation, she has 90 days jail
- 1:18:43credit, 100 hours community service work twenty dollars a
- 1:18:47month, plus a supervision She stipulates the facts and the
- 1:18:51probable cause affidavit. The Department of Motor
- 1:18:54Vehicles, May apply additional penalties time served on the
- 1:18:57misdemeanor, DNA sample for any Seaside items.
- 1:19:02She agreed to imposition of minimum across the prosecution.
- 1:19:05No contact at all with the victim record defendant and
- 1:19:08she'll complete his stuff Force. I believe it is.
- 1:19:25Yes, ma'am. The station name.
- 1:19:28Jessica is all you heard the announcement before he is that
- 1:19:32correct? Yes.
- 1:19:33Is that your understanding of the agreement with the state?
- 1:19:35Yes, sir. Has anybody promising anything
- 1:19:37different? No sir.
- 1:19:39Are you under the influence? Many drugs, or alcohol this
- 1:19:41morning, which would impair your ability to enter the agreement
- 1:19:44or understand any of the terms and conditions of it.
- 1:19:47Yes, sir. I've been handing a plea, waiver
- 1:19:49and consent form. There's a page and the second
- 1:19:54page. The defendant line is that
- 1:19:57yours. Yes sir.
- 1:19:58You got a chance to read that agreement.
- 1:20:00I did get a chance go of your case from Courtney.
- 1:20:04Yes. Have you had sufficient on
- 1:20:07speakerphone back your case? Yes.
- 1:20:10Are you satisfied with your lawyers advice and counseling?
- 1:20:12Yes. You understand that being in the
- 1:20:15play You're waiving your right to go to trial.
- 1:20:17Wave of your art require the state proved allegations against
- 1:20:20you. Yes waiving, your right?
- 1:20:22Have your attorney crossing, the states Witnesses and contests
- 1:20:25her up. Waiting to present any defenses.
- 1:20:28You may have to the allegations. Yes.
- 1:20:30When you're out of your own witnesses to come to court test
- 1:20:33on your behalf. Yes, sir.
- 1:20:35Well, you're right about me. Sonic the trial, which would be
- 1:20:37your decision to make. Yes, when you're right to appeal
- 1:20:39anything, but illegal sentence. Yes, sir.
- 1:20:41Are you doing this? Your own free will?
- 1:20:43Yes, you feel this place in your best interest, understand?
- 1:20:46If you're not a citizen of the United States, you may be
- 1:20:47subjecting yourself to deep rotation, for see these by
- 1:20:49entering the play. Yes.
- 1:20:51Oh, you're not neither one of you were aware of any DNA
- 1:20:53evidence that exists? That's right, except the
- 1:20:57stipulation finders are from a patient case.
- 1:20:59We'll find this all fluidy and voluntarily made at the
- 1:21:02consultation with her attorney. I'm going to accept it, the
- 1:21:05adjudication of guilt is withheld, is to the deal.
- 1:21:06And so in properties, she's the judicator guilty.
- 1:21:08The petty theft on the deal in the stolen property, she's
- 1:21:11placed on Terminal probation, not to exceed, 24 months is
- 1:21:14where to pay fines and cost of 2028.
- 1:21:16There's no restitution out in the case.
- 1:21:19She must complete 100 hours of community service work at a
- 1:21:21minimum eight hours a month that they can't work program.
- 1:21:23The Florida Department, Corrections to discretion to
- 1:21:25amend that to let the directional probation officer
- 1:21:27called supervision with twenty dollars a month, how they say
- 1:21:31Motor Vehicles. They have applied digital
- 1:21:32penalties. She's required to give a DNA
- 1:21:34sample. She must submit one to four
- 1:21:37Phoenix. No contact with any victims or
- 1:21:39code. Defendants on the petty, says,
- 1:21:42she's dedicated guilty since the time Sinister, 40 days in the
- 1:21:44county jail, giving credit for 40 days as a special condition
- 1:21:48of probation. She'll enter successful,
- 1:21:49complete a theft course. This Hall, you have 30 days to
- 1:21:52file your notice of appeal. If you wish to the judge in
- 1:21:55Tennessee, like to have an attorney representation, you
- 1:21:56can't afford one one, maybe one representative George, good
- 1:22:00luck. To you need to step over here.
- 1:22:06Mr. White All right, friends. We don't go here much anymore
- 1:22:10because it's just not the same but he's a little bit fired up
- 1:22:13this morning from what I've seen so let's give them a few
- 1:22:16minutes. A certain Judge, David
- 1:22:18Fleischer. It is eligible.
- 1:22:25All right Mr. Flores I'm gonna find that.
- 1:22:27There's sufficient probable cause to go forward with your
- 1:22:30case as a condition of your bond.
- 1:22:32I'm ordering you not to consume alcohol illegal drugs or
- 1:22:36prescribed controlled medication.
- 1:22:38You will be randomly tested if I find that you're using, I will
- 1:22:43revoke your bond and put you in jail.
- 1:22:45There are no more PR bonds. If I have to put you in jail,
- 1:22:51it's not a revolving door. Because you have a lawyer.
- 1:22:58I will waive your appearance, but it is your responsibility to
- 1:23:02stay in touch with Mr. Streisand, if he tells me, he
- 1:23:04cannot get a hold of you. I will revoke your bond will.
- 1:23:07Now we'll have you sent a reset. You'll get with Veronica for
- 1:23:11your bond conditions and then we'll reset your kids, please.
- 1:23:15Thanks guys need to Hey, just okay.
- 1:23:23Thank you so much. Yeah, yeah, perfect.
- 1:23:31So, now we're just doing PC on everything for now.
- 1:23:36Yeah. With the sense as your chart
- 1:24:00with reckless driving, you're facing up to 30 days in jail and
- 1:24:04or 200 dollar fine, we are going to do probable cause you have
- 1:24:08the rectum 8 silent, anything you say can and will be used
- 1:24:11against you. You're the rectum attorney
- 1:24:13president. If you cannot afford, one one
- 1:24:15will be appointed to you sir. Okay, yes, a 416 2026.
- 1:24:21Mars on Texas officers. Observe two vehicles traveling
- 1:24:25at a hybrid speed vehicles are traveling out of speeding the
- 1:24:30Impose 60 mile per hour, speed limit bleeding in and out of
- 1:24:34traffic across all four lanes. The officers would reach speeds
- 1:24:38exceeding, 100 miles an hour to catch up to the vehicle.
- 1:24:41The officer observed, the vehicle making a basic Lane
- 1:24:45change causing A2 wheeler and another vehicle to apply the
- 1:24:48brakes to avoid a collision. The traffic stop was conducted
- 1:24:51on the vehicle and the Bennett was ID as the driver Did they
- 1:24:55get the code defendant? You know?
- 1:25:00Is there. I don't know that.
- 1:25:01Okay, this Mr. Sanchez, have a life since to drive.
- 1:25:06It looks like he does your owner, it is.
- 1:25:15Is it eligible again? Yes.
- 1:25:20Mr. Sanchez I'm going to find that there's probable cause to
- 1:25:23go forward with your case as a condition of your bond.
- 1:25:25I'm already not to participate in this type of driving anymore.
- 1:25:29Reckless driving maniacal, driving Street takeovers, Donuts
- 1:25:34racing. If you do I will put you in jail
- 1:25:37and then I will take your ability to drive away from you.
- 1:25:39You were not a lot to drive, unless you have a Texas driver
- 1:25:42license and liability insurance in your name and those are also
- 1:25:45conditions of your bond. If I find that you drive without
- 1:25:47those two likewise into jail, you go no more prawns for you.
- 1:25:51Do you want to understand His license or eligible judge.
- 1:25:55Okay. How old are you, Mr. Sanchez
- 1:25:58lunch. What are you doing with
- 1:26:00yourself? These days?
- 1:26:01And how much money do you make a month?
- 1:26:05It depends I just started. So I probably say around 3000
- 1:26:09and who do you live with awesome?
- 1:26:11Okay. Did you apply for a quarter
- 1:26:14point of lawyer? Do you want to try to go hire a
- 1:26:15lawyer? Yes, of course we'll give you
- 1:26:21time. I'm telling you.
- 1:26:22Now don't drive like this again. Otherwise it's not going to go
- 1:26:25well for you. I'm gonna protect my community
- 1:26:27at all costs. I don't care how old you are.
- 1:26:29You want to understand We were going to have Bond conditions
- 1:26:32created for your design. I mean, if you sign a reset
- 1:26:34them, we'll have you take a seat in the jury box where we get the
- 1:26:36Bonk Traditions. Once you sign them that point,
- 1:26:38you'll be free to go. Do you mind filing?
- 1:26:40No reckless, driving Donuts, Street takeovers and all that
- 1:26:43jazz. Yes please.
- 1:26:59Nick, did you hear that? So why is the next person?
- 1:27:03So I can. Thank you.
- 1:27:07I'm sorry. I'm trying to stop s o.
- 1:27:11Y s. O y.
- 1:27:12Yeah, but take your time. I mean you can do the conditions
- 1:27:14first and then we'll do it. So you can You know, have to
- 1:27:17worry about it later. And just let me know when you're
- 1:27:22ready. You just like me to follow
- 1:27:33motion for market conditions, for sure.
- 1:27:34Yeah. The bond conditions, you know,
- 1:27:36reckless driving. You know, Street takeovers,
- 1:27:39Donuts driving without a license or insurance.
- 1:28:17It. All right, well, now he sits and
- 1:28:37waits as is often the case in judge, Fletcher's Court.
- 1:28:40I wonder if he's still plays fortnite while these waiting,
- 1:28:43let's go. Back to judge McGinnis up in
- 1:28:49Michigan, you set of contestants there. well, that's not somebody
- 1:28:55deleted their stream but it looks like flesh is talking.
- 1:28:58Maybe we just stay here. 17 2026 in Harris, County Texas.
- 1:29:03The defendant was observed by a witness and off duty officer
- 1:29:07approached an intersection and sit through three life cycles.
- 1:29:11Witness had to reach in and engage the parking gear shift in
- 1:29:15the vehicle as it was still in drive.
- 1:29:17And officer woke the defended up at the exit, the vehicle in the
- 1:29:22observed two, open ear cans and 12 pack of beers in the back
- 1:29:25seat, officers of the defendant tests alerts speech.
- 1:29:28Be on easy on their feet, as well as the odor of alcoholic,
- 1:29:33beverage about the person observed, so defendant to be
- 1:29:36disoriented in was confused about where they were coming
- 1:29:39from. He stated that he had two beers
- 1:29:41standardized field sobriety test for refused DIC was reading a
- 1:29:46blunt. Search warrant was executed to
- 1:29:48my running. An ncic are there.
- 1:29:50Any prior to be eyes and, Judge it looks like he his license is
- 1:29:57eligible. I don't see any prior VW.
- 1:30:01I do see in hoping container on his driver's license.
- 1:30:08Except. What do you mean an open?
- 1:30:11Like, just in this case, right open container.
- 1:30:15There's another open. It looks like that.
- 1:30:18So you know, I'm going to find that there's probable cause to
- 1:30:21go forward with your case as a condition of your bond.
- 1:30:23I'm warning you not to drive any vehicle.
- 1:30:25That's not equipped with an ignition interlock on it.
- 1:30:27If you're caught driving a vehicle that doesn't have an
- 1:30:30interlock, I will rock you on, put you in jail.
- 1:30:32No more PR bonds for you, your order, not to consume alcohol or
- 1:30:36illegal drugs, you will be randomly tested.
- 1:30:39If you find that you using illegal drugs likewise into
- 1:30:41jail, you go, I will remove the bond.
- 1:30:43Do you want to understand, you have the ability to hire lawyer?
- 1:30:48We will give you time, man. Have you got a Victoria Center
- 1:30:50reset? We're going to get all the hold
- 1:30:52on. I'm gonna get all the bond
- 1:30:54conditions for you to sign. Like I said, don't try without a
- 1:30:59car that has an analog. Do you understand?
- 1:31:02Okay, come on. All right.
- 1:31:10Siobhan. Here that did you see this?
- 1:31:20One is TCH. the last name starts with a Let's see.
- 1:31:41Good morning, ma'am. You charged with interference
- 1:31:45with the duties of a public servant, you're facing up to six
- 1:31:47months in jail and or 2000 dollar, fine.
- 1:31:49We're going to do probable cause you have the rectum rates
- 1:31:52silent. Anything you say, Hannah will be
- 1:31:54used against you. Get the right to have an
- 1:31:56attorney present. If you cannot afford, one one
- 1:31:57will be appointed to you, man. Okay.
- 1:32:00Yes. Or 17 2026 Harris, County
- 1:32:05officers got to the traffic stopped on the vehicle to
- 1:32:08failing to signal and intersection the defendant was
- 1:32:11identified as the vehicle, they just serve the strong odor of
- 1:32:15alcohol and forever. Beverage and the defendant I was
- 1:32:19appeared historians used the instructed her to exit the
- 1:32:22vehicle that she refused. She was giving clear repeated
- 1:32:26instructions in was advised that she was being detained and she
- 1:32:29continued to refuse. They attempted to remove her
- 1:32:33from the vehicle, but she resisted by tensing, her arms
- 1:32:37pulling away and refusing to provide her hands, defense
- 1:32:40actions. Required traditional physical
- 1:32:42effort to gain controls in the late, the detention process.
- 1:32:47Okay. Does she have a lesson to drive?
- 1:32:50I see some DWIs. The driver's license.
- 1:33:06Your driver's license is not a village.
- 1:33:08Okay man, I'm gonna find that there's probable cause to go
- 1:33:11forward with your cases. The condition of your bond on
- 1:33:13Morty, you not to drive, I don't care what you have to do in this
- 1:33:17life. If you don't have a Texas driver
- 1:33:18license and liability insurance, it is a condition of your bond
- 1:33:21that you're not to drive. If you do I will revoke your
- 1:33:24bond and put you in jail. Do you want to understand?
- 1:33:26That's the only condition of placing on you.
- 1:33:28If you want to drive, go get a license.
- 1:33:30Get insurance and I'll happily take this restriction off.
- 1:33:33But if you do, it's really gonna go well for you, you will be
- 1:33:36signing a promise with me. This is an affidavit that you're
- 1:33:39going to work to drive. There's nothing in this life
- 1:33:42that you can justify doing it. You have to believe that hire
- 1:33:46lawyer. I don't.
- 1:33:51Oh, okay. I can have you apply if you'd
- 1:33:54like to get an application, I need you to fill it out.
- 1:33:56I need to know everything about you.
- 1:33:57Don't just put zeros. Otherwise I'm going to send it
- 1:34:00back to you soon. Sign a reset with Emporia, will
- 1:34:03have you take a seat at the jury box?
- 1:34:05I'm an advanced sign and then we'll have you fill out the
- 1:34:07application, please. All right, friends.
- 1:34:29Let's go back to Michigan. Now back to judge.
- 1:34:33Ansalon new contestant there. Come on number 23 Dash, 21534 FH
- 1:34:45and in the matter of the state of Michigan versus Joseph.
- 1:34:49Gary Robeson, I have run Underwood appearing on behalf of
- 1:34:54Mr. Roberson and I have Sarah Brenner appearing on behalf of
- 1:34:59the Attorney General's office. This is the date time.
- 1:35:03Scheduled for a request. A warrant for probation
- 1:35:06violation, which Ledges that he has failed to report.
- 1:35:10Basically, during the month of August, or anytime since to
- 1:35:15probation, and the last time we were here, we were provided some
- 1:35:20information and I had asked Mr. More to verify that information.
- 1:35:25So, Mr. Moore could I have an update?
- 1:35:30Yes, your honor. Um, I was able to contact the
- 1:35:33treasurer's office down in Alberton and found out that that
- 1:35:39he actually is owes back taxes back to 2020.
- 1:35:44They had a payment plan of $229 a month with them but she's
- 1:35:49failed to make what he had suggested was that he was
- 1:35:54selling the property for 20,000 dollars to a supervisor named
- 1:35:58Don. I figured out that Don was her
- 1:36:04is I should say and he's actually a farmer down there.
- 1:36:09His name is Don Kunkel, he is also on the fire department.
- 1:36:14He did advise that was in had left a letter posted up that
- 1:36:23stated. He was offered 10,000 dollars
- 1:36:25for the property and that he heard that Don pays double.
- 1:36:29Don kind of said, they got a laugh out of that chuckled that
- 1:36:32he would never purchase a piece of property like that, that the
- 1:36:35property is burned down that actually the Mr. Robinson.
- 1:36:40Burned it down with a wood burner in their.
- 1:36:44He was responsible for it. Um, not a tenant so there is no
- 1:36:49going to be no purchase or agreement with a with Don.
- 1:36:56Based on the information you received.
- 1:36:58Okay. All right, so um, Miss Underwood
- 1:37:04would you like a moment to speak their client?
- 1:37:06Um, I've spoken to my client and I have spoken to Mr. Moore and
- 1:37:12his father in this matter, your honor and we have discussed the
- 1:37:18fact that Give Mr. Robeson situation, and give him the
- 1:37:25likelihood of Not getting any payments in this Mr. Moore.
- 1:37:32I believe what the guilty is going to recommend.
- 1:37:39The guidelines in this matter are 0 to 11 months.
- 1:37:44You're honor. I believe Mr. Moore.
- 1:37:46And I've just discussed him with he and his brother is going to
- 1:37:52Royal command, 90 nine, nine months with credit for time.
- 1:37:57So, and termination in this matter.
- 1:38:00Your and I believe my client wishes to accept that.
- 1:38:08And just so, you know, I am I have not part of that agreement.
- 1:38:16Okay. so, um, we will, of course give you an opportunity to speak
- 1:38:22at sentencing Ms. Brenner Okay. So that is what you believe the
- 1:38:29wreck. That's the recommendation.
- 1:38:31You believe that will be coming from Mr. Moore correct.
- 1:38:33Mr. Wood. Correct.
- 1:38:35It's not a Cotton's agreement because the court has made no
- 1:38:39determination and what the court wants to do.
- 1:38:41I I would like the opportunity for there to be a toxic
- 1:38:47agreement on your honor um if Mr. If Ms brighter is going to
- 1:38:52object I would like her to do so.
- 1:38:57Tell you, misunderstood to be on us.
- 1:38:59He had standing for quite a period of time.
- 1:39:02Mr. Moore, I still have probation available on him doing
- 1:39:06on. Yes, you do your owner.
- 1:39:09So, I'm not gonna terminate his probation.
- 1:39:11I can tell you that right now because he has made me pay
- 1:39:14payments So, I can tell, I'm not going to agree to that, I'm
- 1:39:20probably not gonna spend him to prison.
- 1:39:23But your honor. We?
- 1:39:28the likelihood is, we are and we're spinning our Wheels here.
- 1:39:33And I think, Mr. Moore knows that.
- 1:39:41Well, I I'm not gonna have some, you know, further permission
- 1:39:44this other way. All right, well, then I need to
- 1:39:52speak to my clients. Now, um, the reason I charge
- 1:39:58felonies to get people to pay child support, I don't care if
- 1:40:02he's washing dishes, you do something.
- 1:40:04So I'm going to put you sir in this Underwood.
- 1:40:12Into a breakout room. All right, send away.
- 1:40:22Go ahead and join up. Your honor, I want to thank the
- 1:40:28court for reaching out to me. We didn't have no notice of
- 1:40:30that. So notice probably got mail late
- 1:40:35where you had it. Yet that's all yeah.
- 1:40:37So I apologize. I do have another matter, I'd
- 1:40:43let them know that I'll be jumping on late that's actually
- 1:40:46at 10 but they don't, they're not really prompt.
- 1:40:49So it'll be a sprinter at this point.
- 1:40:50He's either gonna plead or not, we won't sentence today.
- 1:40:53So if you need to go you can and we'll email and email out a
- 1:40:59notice of sentence to you. It would miss Adams When would
- 1:41:02our site date be if you play today judge for Bob, did you
- 1:41:08want it next week or Yeah. So we met first study 15?
- 1:41:17So we'll let you know, one way or the other room is Runner.
- 1:41:20Okay, so you don't need me to stick around that you don't
- 1:41:22unless you want to I'll hang out for a little bit because they're
- 1:41:26not gonna be ready for me right away.
- 1:41:27So the judge their leaves the bench and then goes and has the
- 1:41:31conversations in the back. So they'll like Zoom me to the
- 1:41:34back. And That'll give the attorney
- 1:41:37time to talk to her client there, too.
- 1:41:39So, Miss Adams. I have no dine versus Mark
- 1:41:47coming in at 10. You start that pile back there?
- 1:41:50Yes, it is. I have it. just, Hey Sam.
- 1:42:10Hey, what's up? Not much, how are you?
- 1:42:16Rhonda's, making you work on a Friday.
- 1:42:17That is so wrong. I know.
- 1:42:23I'm close breakout room. All right, we are back on the
- 1:42:36record and found number 23 Dash, 21534 FH.
- 1:42:41I have the matter of the people of the state of Michigan versus
- 1:42:45Joseph. Gary Robeson.
- 1:42:47I have Sarah or run a half of the defendant and Sarah Brenner
- 1:42:53appearing on behalf of the Attorney General's office.
- 1:42:56This is the time set for arraignment again.
- 1:43:00So miss Underwood, you've had a chance to speak with everybody
- 1:43:03at those Point. How would you like to proceed
- 1:43:06with Mr? Roberson.
- 1:43:08Thank you, Rhonda. The first thing I'd like to do
- 1:43:11is have any mention that Mr. Robeson committed, arson,
- 1:43:16stricken your honor. I don't think he meant that he
- 1:43:20committed arson. I think he meant that, you know,
- 1:43:23your honor that was the character.
- 1:43:24They and I would like to take that into consideration, of
- 1:43:30course, well, I, I think it's painted this now and I'm Not.
- 1:43:39Comfortable with it. The Mr. Moore wasn't under oath.
- 1:43:48He was just summarizing what he was told.
- 1:43:50It's not an allegation, it's not a charge.
- 1:43:53In this County, the court will obviously not consider that.
- 1:43:57I didn't even realize that what he might have been alleging.
- 1:44:00I thought he just meant a house fire because heating device, so
- 1:44:04I didn't even catch that. It's Underwood. my clients who
- 1:44:11played to the violation in your arms, Right Mr. Roberson raise
- 1:44:15your right hand. Do you solemnly swear or affirm
- 1:44:19to tell the truth? The whole truth and nothing but
- 1:44:22the truth. Yes, ma'am.
- 1:44:25All right. Can you state your full name for
- 1:44:26the record Joseph? Gary Robinson.
- 1:44:29Hi. So, Mr. Robinson Robeson.
- 1:44:31You've received a copy of the request and warrant for
- 1:44:34probation violation. Yes, ma'am.
- 1:44:36And you've had an opportunity to speak with misunderstood about
- 1:44:39it. Yes, ma'am.
- 1:44:41Do you understand the allegation against you, as you fail to
- 1:44:44report as required during the month of August of 2025 and it
- 1:44:49fell to report any time thereafter.
- 1:44:51Do you want to understand that? Yes, ma'am.
- 1:44:54That is a non-technical violation, which means the court
- 1:44:57consent Jew from anywhere, from credit for time served to up to
- 1:45:0111 months in jail, do you understand that?
- 1:45:04Yes, sir. Now there was discussion about
- 1:45:07court, potentially causing you to a jail term and terminate
- 1:45:11probation Miss Brenner's, going to make some kind of position
- 1:45:16statement at sentencing. I don't know what it is but you
- 1:45:19want to understand the court. At this point would further you
- 1:45:22can continue probation and make some payments.
- 1:45:24Do you understand that? Yes, I do.
- 1:45:27All right, and so there's been no agreement regarding your
- 1:45:29sentence. Do you want to understand that
- 1:45:31sir? Yes.
- 1:45:33All right. Now, you understand the maximum
- 1:45:36penalty if you played to, this could be up to four years in
- 1:45:39prison. You want to understand that?
- 1:45:41Yes, ma'am. Are you satisfied with Miss
- 1:45:44Underwood Azure attorney in the advice that she has given you?
- 1:45:47Absolutely. All right.
- 1:45:49Do you want to understand that you?
- 1:45:52Okay. Great contest, this violation of
- 1:45:56probation charge and to have a trial on it.
- 1:45:58You understand that? Yes, ma'am.
- 1:46:01Do you understand that throughout the trial?
- 1:46:03You would be presumed? In a set of ponderance of the
- 1:46:08evidence. Do you understand that?
- 1:46:09Yes, ma'am. You have a right to have all the
- 1:46:12witnesses against you appear your trial to have your lawyer,
- 1:46:15ask those Witnesses questions, or you may ask them yourself and
- 1:46:19they have me order, any Witnesses.
- 1:46:20You might have to appear at the trial.
- 1:46:22Do you want to understand all of that?
- 1:46:24Yes, we do. You do not have to testify at
- 1:46:27your crown. No one can say anything about
- 1:46:29you not testifying or hold it against you in any way.
- 1:46:32Do you want to understand all of that?
- 1:46:33Yes, I do. On the other hand, you
- 1:46:36understand that you have a right to testify at your trial if you
- 1:46:39want to testify. Yes, ma'am.
- 1:46:42How do you do the charge? That violated the terms, your
- 1:46:45probation, that you fail to report.
- 1:46:47As required, either my telephone or in person during the month of
- 1:46:51August of 2025, and anytime they're after guilty or not
- 1:46:56guilty. Guilty man.
- 1:46:59Pink. Do you understand by cleaning
- 1:47:01guilty? You'll be giving up your right
- 1:47:02trial as I already have explained to you.
- 1:47:05Yes. Has anything been promised you
- 1:47:08to get you to play guilty? No, ma'am.
- 1:47:10Does anyone threatened you in any way to get you to plead
- 1:47:14guilty? No ma'am.
- 1:47:15If I accept this please, you will be giving up any and all
- 1:47:19claims. That your plea is giving as a
- 1:47:21result of promises or threats, that were not disclosed to the
- 1:47:24court on the record during this hearing, or that it was not your
- 1:47:27own choice. To enter the plate.
- 1:47:28Do you want to understand that? Yes, I do.
- 1:47:30Is it your own choice, but guilty?
- 1:47:33Yes ma'am. All right, so, Mr. Roberson, you
- 1:47:36were placed on probation and you sign your articles of probation,
- 1:47:40back on February 2nd of 2024. Now, you currently live in.
- 1:47:47Well, you lived in Ohio, at that time.
- 1:47:49Is that correct? Yes.
- 1:47:51Ma'am. And did you transfer your
- 1:47:53probation to Ohio? Yes, I did.
- 1:47:56One of the terms, your probation is, you were to report to the
- 1:47:59probation department as often as required, whether that be by
- 1:48:02telephone or in person, is that correct?
- 1:48:05Correct. And did you fail to do that in a
- 1:48:09month of August? Yes, I did.
- 1:48:11And did you at that point? Not contact the many further, so
- 1:48:16then you spell reporting time there after correct.
- 1:48:19Yes, ma'am. Okay, I accept a plate has been
- 1:48:23given understandably voluntarily, and accurately, the
- 1:48:26defendant has full knowledge of his rights.
- 1:48:28He does have competent Council. I'm Miss Brenner.
- 1:48:31Are you able to verify of any payments were made during that
- 1:48:33term of probation? No payments have been made.
- 1:48:46One of 2026 at 8:15 in the morning, do you wish to appear
- 1:48:53in person or via Zoom? Would be fine.
- 1:48:57Now. That'll be a zoom.
- 1:49:00We will, of course, send a copy of the probation violation,
- 1:49:04recommendation to both Miss Underwood, and Miss Brenner
- 1:49:06anything else today, Miss Underwood.
- 1:49:09No, thank you. All right, very good.
- 1:49:13You're outside. Thank you.
- 1:49:14Okay, have a good day. Two, thank you.
- 1:49:25Mister. Christian of the child.
- 1:49:39Yeah, Christian All right, we'll keep an eye on that Court.
- 1:49:44Good morning, once again everybody TCF live on a super
- 1:49:47Friday. Let's go back down to judge
- 1:49:50Brantley Clark. What an absolutely what he was
- 1:49:54on. All right, so how we reinstated
- 1:49:58pre-trial release year to have absolutely no contact?
- 1:50:01With the alleged victim in the case until further order,
- 1:50:04according to understand. And if you need to, you need to
- 1:50:07take a copy of the order. To your you know, to you
- 1:50:14whatever. But thank you, another court
- 1:50:18date. It's even arrange it.
- 1:50:21So information about the case. No that's okay.
- 1:50:24We'll leave them on that 616 and we'll place it at 1:30 and
- 1:50:27you're I will say that the Air Force has separately at this
- 1:50:31point in post Their Own. No contact order.
- 1:50:33So now there's one from here and the airport, so I don't think
- 1:50:35you have to worry about their part of it.
- 1:50:41Thank you. Thank you.
- 1:50:48Focus on. I don't think I have an attorney
- 1:50:57sign. Is she doing its Bennett?
- 1:51:01Oh, Mr. Peters is here too. Boy.
- 1:51:06That's a good phone. Finish, you ready?
- 1:51:16Come on. 23 2796, what's the last name?
- 1:51:23Doom, Tennessee. D o o m.
- 1:51:27Okay. There's an order to show cause
- 1:51:31directed at the main witness in the case, Amanda Carroll plank.
- 1:51:38And served through the state attorney's office as was the
- 1:51:41notice of deposition. Except for just morning at 9:00.
- 1:51:46This flight man to Carol flight. He?
- 1:51:56Contact with no, let's just take position.
- 1:52:01Here. If possible to stay with like,
- 1:52:09another opportunity to try and get a served.
- 1:52:11This has been said this was said for the motion at the end of
- 1:52:14March, March 27th. So this would be the second
- 1:52:17time. But this is a fairly serious
- 1:52:20case. She has a significant civil
- 1:52:22case, from injuries related to it, the state, we must not be
- 1:52:25concerned about the criminal case.
- 1:52:28Have you have you got an issue? Local.
- 1:52:31We believe she is. I've had contact with her in the
- 1:52:34past. The did you serve it with the
- 1:52:38order to show Paul? The state has been the know, I
- 1:52:43understand. I'm asked, right?
- 1:52:44Why I'm not asking me. I mean, he or indicated you
- 1:52:48started with them Have you served?
- 1:52:50I'm not sure whether or not we got a return service on.
- 1:52:52Did you try Is what I'm asking. Here.
- 1:53:33This case is three years old. It is your own when's the last
- 1:53:37time you had contact with? Sometime last year.
- 1:53:43I don't you stayed in contact with her civil attorney.
- 1:53:45I bet she does. These are civil attorney.
- 1:54:14What are you asking for the case?
- 1:54:17Be dismissed? Exactly, that's what I would do.
- 1:54:22that I had authority to do that, but She's the key.
- 1:54:28Witness in the case she is the essential witness your honor.
- 1:54:31If the the only options are her being taken into custody for
- 1:54:35Content versus a dismissal to stay with her dismissal.
- 1:54:39But otherwise they would prefer continuance.
- 1:54:42I mean. This person should calls was
- 1:54:48done February 9th. Yesterday you haven't had
- 1:54:51contact. You are you able to contact?
- 1:54:53I mean, if you've tried to contact you, but if you hadn't
- 1:54:55tried to contact that changes, what I'm going to do.
- 1:54:59I'm not personally tried to get in touch with her about this.
- 1:55:01Well, have you had an investigator try to get in touch
- 1:55:04with her? Right now, I'm gonna continue,
- 1:55:13but I'm gonna release. His young.
- 1:55:17I'm really releasing from a bond from all conditions.
- 1:55:22He just has to come to court. That's all she has to do.
- 1:55:25And then I'm going to set this for March.
- 1:55:27I mean, for May the 25th 19th. Motion day.
- 1:55:36May 20th at 1:30. I'm gonna reserve on this and If
- 1:55:41you, if you have, if you tell me you've contacted her and she
- 1:55:44hasn't she hasn't responded. I'm on dismiss it.
- 1:55:48If you. if you got to tell me that you I mean, I don't It's
- 1:55:53you have if your state attorney's office is responsible
- 1:55:56for getting in touch with and you haven't done it.
- 1:56:01I need to know one way or the other.
- 1:56:03That's the best I can do Mr. Peters with that information.
- 1:56:05Not that All right, well, so that's the next court date.
- 1:56:09Thank you. It's been it.
- 1:56:16Where is he? Don't tell him, I'm waiting.
- 1:56:20Is this crying out? Yeah, definitely.
- 1:56:24Dexter asked about step in here. Some of you have something that
- 1:56:33we can do while we're waiting on the ballot.
- 1:56:42Mr. David Cherry here on her as 252239.
- 1:56:52He has a competency evaluation that's been pending my
- 1:56:58understanding, is that he still hasn't been contacted.
- 1:57:00So we're still just wait and Miss Nelson's will help.
- 1:57:03I I got bombarded with all of with this Ms. Nelson's, gonna
- 1:57:07help me Miss Nelson. What about Mr. Cherries case.
- 1:57:09Yes, sir. Um, Signed a doctor to Rico.
- 1:57:15and, That's the one I'm following up on.
- 1:57:19He's gonna follow up on that. Now take I'm on my office is
- 1:57:21gonna take responsibility for that and we're going to set this
- 1:57:24for June. June 6th, June 16th at 9:00 for
- 1:57:31a competency here and Miss Nelson's going to contact Mr.
- 1:57:35Draco. Okay.
- 1:57:36Thank you. It's been about expressing
- 1:57:42called his most, I guess that's the most motion for jointer.
- 1:57:52Owens. Time outside.
- 1:58:15I have tuitions before the court today.
- 1:58:17Well, one I may not hear one is really short and then the motion
- 1:58:21for joined us, okay? motion for drawing that which is
- 1:58:29the Nathan Alexander and Dexter Owens.
- 1:58:33Case. Just to give you like sentence
- 1:58:35rundown, is it's alleged that is to defendants went in the car to
- 1:58:41fix its residents and the victim got shot. the question is, Which
- 1:58:47one was a shooter and for that reason we object to join up and
- 1:58:53have a packet. Okay, so supportive of this.
- 1:59:03First, there were essentially three people wouldn't come as
- 1:59:07Mr. Owens Mr. Alexander Mr. Owns, younger sister and then
- 1:59:12they alleged victim entered the car.
- 1:59:14As he's exiting. Well, really don't know this
- 1:59:18multiple different statements but at some point, the victim
- 1:59:23got shot in the back. The problem was this case is the
- 1:59:27jury cannot find. In a sense of one of the
- 1:59:30clients, it's very clear. The person was shot and there is
- 1:59:35no issue that it was. Anybody else other than either?
- 1:59:38Mr. Owens or Mr. Alexander So if it goes before the jury and the
- 1:59:45jury would find one of the defendants, not guilty, then
- 1:59:48necessarily have to find the other one guilty and vice versa.
- 1:59:52They couldn't find both of them, not guilty because clearly the
- 1:59:57victim was shot. So in this particular case it's
- 2:00:01they could find both of them guilty.
- 2:00:03But like I said, they can't find for one and not the other.
- 2:00:06So that's one of the problems that we have in this particular
- 2:00:10case. and, The case of the craziest versus State, it's a
- 2:00:18Supreme Court case. Is the quote says, and this is
- 2:00:26on page three or five the bottom paragraph and the top right
- 2:00:32paragraph. Essentially, that determination
- 2:00:35of all relevance, must be presented in the matter that the
- 2:00:39jury can distinguish. The evidence relating to each
- 2:00:41defendant's Act, and conduct statement to determine fairly
- 2:00:47individual skills, guilty and innocence.
- 2:00:50That is certainly possible for each one of them.
- 2:00:53But again, going back, not possible, potentially for both
- 2:00:57of them. Furthermore, there is a
- 2:01:07statement that was made at some point by Mr. Alexander admitting
- 2:01:12to the to the shooting that he was a shooter and later on here
- 2:01:16in candidate and pointed at Mr. Owens as being the shooter, so
- 2:01:21if Mr. Alexander was not to testify, we would not be able to
- 2:01:26put that admission before the jury.
- 2:01:27So, is that? Because he has, of course,
- 2:01:32right, question and vice versa. So was that it makes it very
- 2:01:37difficult to bring everything Force by and even if he was that
- 2:01:42the state wants to bring the statement that is Alexander
- 2:01:46pointed. The finger at Mr. Owens, we
- 2:01:49can't question him if he doesn't testify and so that would
- 2:01:54negate. Bring in all all the evidence.
- 2:01:59Wait. And issue.
- 2:02:02I've told Mr. Spend it on, introducing, any statements by
- 2:02:06Mr. Alexander against Mr. Owens because I would be a group and
- 2:02:09issue. I mean, that's, that's clear.
- 2:02:10I can't do that. But, you know, trial in Miss
- 2:02:14Bennett's. Hypothetical if Mr. Owens were
- 2:02:17Tried by himself. She couldn't introduce Mr.
- 2:02:19Alexander statements. Anyways, which is what she just
- 2:02:21argued that she wouldn't be able to do and Joint trial that would
- 2:02:24be impermissible here. Say she couldn't introduce this.
- 2:02:27So, that argument alone is, is it well.
- 2:02:34Even taking it out of, he say, it would Mr. Alexander statement
- 2:02:40could potentially come in but like questioning has somebody
- 2:02:45else admitted to the shooting. Not, Mr. Owens, which would be I
- 2:02:50wouldn't be here. Because it wouldn't go to the
- 2:02:55case of the meta of Mr. Owens being the shooter, it's it's
- 2:02:59basically outside of the Houston.
- 2:03:01It's not going to matter to the factual manner.
- 2:03:05He shooting that doesn't matter. It's the truth.
- 2:03:07The matter is not this, not the truth of the matter started that
- 2:03:11someone did something. It's just whatever state it is,
- 2:03:13is statement is the truth of the matter asserted and so now of
- 2:03:17course statement and there's what exception is it would be
- 2:03:19what exception are you applying to that?
- 2:03:22It's the truth of the matter, so it would be Mr. Owens is a
- 2:03:26shooter and that would be bringing in the reasonable doubt
- 2:03:29that other people have already understand that.
- 2:03:32I've got no doubt that is I got new debt.
- 2:03:34That is relevant. But why wouldn't it be hearsay?
- 2:03:38If you're going to, if you're going to to try to introduce a
- 2:03:42statement that was made out of court, the truth of the matter
- 2:03:45service. Somebody else shot the alleged
- 2:03:47victim But you don't have no one has an opportunity to cross
- 2:03:52examine and that's why it's not not here.
- 2:03:54So and that's exactly my point when it oh I don't know that it
- 2:03:57is. Hey you got you got me so
- 2:04:00confused and we back up. So let's say they're separated,
- 2:04:03nothing prevents us from Subpoena and Mr. Alexander and
- 2:04:09questioning him. He may or may not invoke the
- 2:04:12fifth, but we cancel him. We can't question him and he may
- 2:04:16or may not answer the question. If that joined, we can't
- 2:04:20subpoena him to testify. I can't, I just can still invoke
- 2:04:32and not testify, but I can't compel him to It but her ability
- 2:04:39to subpoena Witnesses is the same.
- 2:04:41Whether it's a joint trial or separate trial, what would be
- 2:04:43the difference? I don't know, I guess we can.
- 2:04:54Subpoena him. I don't know if you can or not.
- 2:04:56I'm just asking you. I mean this I don't either
- 2:04:59because it is completely new to me.
- 2:05:02Every trial I ever did was joint Witnesses.
- 2:05:05It was an issue that you can't subpoena them.
- 2:05:08So if it, if it is okay, just, you know, him, even though he
- 2:05:11sitting there, I'm going, like, this, this person, I think
- 2:05:15everybody's relative to subpoena someone who's under criminal
- 2:05:18criminal charges, and they have an attorney.
- 2:05:20They they they're not going to do it, they don't do it.
- 2:05:23He's likely going to vote whether it's a joint trial, or a
- 2:05:27separate trial, and that's why it doesn't happen because it's
- 2:05:30points. But her defense, counsel's
- 2:05:34ability to Witnesses Remains the Same.
- 2:05:37But it's a joint trial or something trial.
- 2:05:39Well, I think the main issue judges Rule, 3.155.
- 2:05:51That's exactly. Maybe actually this, if in the
- 2:05:54joint, if most rejoinder, is granted and Mr. Alexander Alexa
- 2:06:00to take the stand. Isn't it?
- 2:06:04Prevented from asking him and he made a statement that he
- 2:06:06admitted the crime? Absolutely.
- 2:06:07That's that's the point across examination.
- 2:06:09If Mr. Alexander takes a stand, he's subject to all examination,
- 2:06:13on everything. Absolutely.
- 2:06:15All right. Anything else, Mr. And Mrs. Your
- 2:06:22emotions. I'll give you an opportunity to
- 2:06:23think. I guess this would be.
- 2:06:28Mr. Alex statement that it would be prejudicial to his client.
- 2:06:31If we end up in putting him understand.
- 2:06:34And he takes a I don't know what his position off.
- 2:06:38That is. And I guess and what is Mr.
- 2:06:42Alexander's position on the most Wonder.
- 2:06:44We have no objection. He honestly were testifying at
- 2:06:48trials. So it's kind of move point he's
- 2:06:50gonna testify and if we don't join he's expected to replace
- 2:06:55what he's going to my truth. But the plea would be after
- 2:07:08after this trial of Mr. I don't plan on I don't plan on
- 2:07:12entering, a fleet with Mr. Alexander prior to try.
- 2:07:15That's why I plan was to try these together.
- 2:07:19In a little. That does, I'm not sure that I'm
- 2:07:24not made any flew offers. Anything else on the motion for
- 2:07:30joining? We're separate.
- 2:07:33June 1st. Is that correct?
- 2:07:36This time, yes. Now have you ordered out
- 2:07:38directly on that? Is that all Alexander, all right
- 2:07:42and because I think we have a motion show called for you Okay.
- 2:08:07And then, yes, we did have the order to show pause.
- 2:08:17And that's pretty much speaks for itself.
- 2:08:20The state, there's not have any opinion on it, and I've been
- 2:08:25advised, we had multiple depositions set in this cases
- 2:08:29together as a code of ended France's has been properly
- 2:08:33served on all of them. He hasn't showed up with any of
- 2:08:37them. The last one in March of this
- 2:08:38year, he was a solar. Nobody else was there.
- 2:08:41We talked to Lieutenant, he's because she said, why do you
- 2:08:45send a notice and his subpoena? As I said, I want to be sure
- 2:08:47that he really knows, and she says no did.
- 2:08:50So I believe both of that was served.
- 2:08:52And we've gotten the emails back from Lieutenant.
- 2:08:56He's saying, yes. Yes, probably been served.
- 2:08:58So at this point he's just keeps on not showing up what's this
- 2:09:03place position? That's she was properly served
- 2:09:08beyond that I've got any contact with him.
- 2:09:14Know. Yeah, he hasn't called us either
- 2:09:16most of the officers if they have only minor involvement.
- 2:09:21They pick up the phone. Call us and say hey do you
- 2:09:23actually need me? and, It wasn't me, was it?
- 2:09:29Oh, and So, what was Francis involvement with it?
- 2:09:37I don't know. That's what I'm trying to find
- 2:09:42out. and it would, I'm going to If you got there, if you got
- 2:09:53this. What if you got the Supreme
- 2:09:55penis? You got the service.
- 2:09:57I have to emails and I got right.
- 2:10:00Should be in the court. In finger.
- 2:10:08I guess you might not. That was a desert.
- 2:10:13I guess is still employed by County Sheriff's Office, show
- 2:10:18calls. I am going to give him until May
- 2:10:2310th contact Mr. Sullivan, Mr. Sullivan to set something up
- 2:10:28where Miss Bennet and the deposition either over the
- 2:10:33phone, or in person. The sports judged within our
- 2:10:40francis's name appears once in the report and it looks like he
- 2:10:43observed one of the other officers called a cell phone and
- 2:10:47he observed it right? Well, I mean, I, I know.
- 2:10:50Are you asked to spend what has evolved?
- 2:10:52Yeah, I mean I that if he would come and say that or come call,
- 2:10:55you say, I don't know. Nothing.
- 2:10:56That would be that. He may can do that, but I'm
- 2:10:59giving him until May. I guess I needed to do it to May
- 2:11:01up to do that and If he doesn't do that, I'm let me do this.
- 2:11:11I'm gonna continue this until May the preacher to the trial.
- 2:11:15Magic was set up for trial management with Alexander and
- 2:11:19Was for trial Management on the 20th.
- 2:11:23And if he doesn't, if he doesn't he is not 19 that 130, At nine.
- 2:11:30And He doesn't contact you by May 11th.
- 2:11:37Whatever I do. I'm gonna do it on that date,
- 2:11:41right? Yes, it's simple that that's
- 2:11:44only did let us let let this Bennett know and let you know,
- 2:11:47let's be done with it. Yes, sir.
- 2:11:50Do I sent you an order? Uh yes you can.
- 2:11:53Okay. That's all I have this point.
- 2:11:56Have a good morning. Thank you.
- 2:11:57You too. All right friends, let's change
- 2:12:12it up and move. Along Fulton County, Georgia.
- 2:12:17Judge McAfee. He also agreed to an 11-person
- 2:12:23verdict once because it was a hung jury.
- 2:12:25What's that? Any won it.
- 2:12:27Yeah, he won that one. We're all on vacation that I got
- 2:12:35this. I was like, that's not Why did
- 2:12:38you agree to that? Oh, I must he had that feeling.
- 2:12:41He All right. We ready with Mr?
- 2:12:45Gray. Then we're on the record.
- 2:12:46Now, 25 SE is 006402 State versus Ricardo Bray present
- 2:12:51court for this Council. Mr. Pits stayed here through
- 2:12:54Miss Foster and Mr. Bray had previously been on a trial
- 2:12:58calendar, but the parties have mentioned accountability Court.
- 2:13:02Being explored is that still this outcome here, we've come
- 2:13:04up, judge accountability court has provided has been their
- 2:13:08usual helpful, selves. They will not continue
- 2:13:11evaluating him because they have discovered that he apparently
- 2:13:15and their evaluation of his GCI C is Georgia criminal
- 2:13:19information. Has a warrant from a
- 2:13:23municipality, for a misdemeanor in the state of Arkansas. not an
- 2:13:27extradition, not a whole, just a warrant for misdemeanor and this
- 2:13:31evaluation So all right well Mr. Bright this point.
- 2:13:39The state's going to swear you in that.
- 2:13:40Advise you of all the rights you would Way by entering a plate.
- 2:13:43All right. So listen very carefully, this
- 2:13:45Foster Please raise your right hand.
- 2:13:53Do you swear from the testimony? You should get in a medically
- 2:13:55before this court shall be the truth.
- 2:13:57The host with the truth? It's my smile.
- 2:13:59You can wear your hand. Could you please stay in spell
- 2:14:02your true currently winning? Hi my name is Ricardo.
- 2:14:06Bray ree c a r. D o last name.
- 2:14:10B r a y. Oh yeah, this time taking it on
- 2:14:14the influence. On any alcohol, drugs or
- 2:14:15medicine. Can you repeat that please?
- 2:14:19No. How old are you and how far are
- 2:14:22you going to school? I am born in 75 so much 50.
- 2:14:30Actually you're 51. You got a birthday if you want.
- 2:14:32Yeah. And how are you going to school?
- 2:14:36Oh, I think I went to the 10th grade.
- 2:14:40Are you able to read write and understand the English language?
- 2:14:42Yes, ma'am. At your charger, the phone
- 2:14:46offensive on this nightmare, aggravated assault.
- 2:14:49Yes. Now You have the right to play,
- 2:14:52either get you and you're not guilty to these charges and you
- 2:14:54please not guilty or amazing, you can have a jury trial.
- 2:14:57Yes, ma'am. Have you had enough time to see
- 2:15:00what your lawyer about all the facts and circumstances known to
- 2:15:02you regarding the charges? In this entertainment, including
- 2:15:05any potential defenses, you smile do.
- 2:15:08You need more time, discuss the case for your attorney.
- 2:15:09Um, no. Are you so I thought your
- 2:15:12Attorney Services. Yes.
- 2:15:14Kelso used to ask about your client.
- 2:15:16Has a full understanding this proceeding.
- 2:15:17Yes, I am. And he have you reviewed the
- 2:15:19indictment I have reviewed it? We don't we wait for reading.
- 2:15:23I don't believe there any defects.
- 2:15:27Mr. Bray, have you been arrested on these charges?
- 2:15:31About who were you arrested on these charges?
- 2:15:33Your smile? You understand unaware, of
- 2:15:36eating out standing once related to these charges, Mr. Bright do
- 2:15:39you understand that? You're entering a guilty plea to
- 2:15:40the following offenses. Aggravated assault.
- 2:15:42Which carries a minimum of one year in a maximum of 20 years?
- 2:15:45Yes. Well, As you attorney about,
- 2:15:48you, the minimum investment centers East Georgia to, yes,
- 2:15:50ma'am. Do you understand this?
- 2:15:52Negotiated, plea of guilty, which means the state would
- 2:15:54recommend to the court said, some seven years.
- 2:15:57I started one time time served on that one year, the special
- 2:16:01conditions will include no weapons or replica of the
- 2:16:04weapons and anger management course, continue mental health
- 2:16:07treatment, no drugs. Unless develop prescription, no
- 2:16:10further violation of the law, And no further contact with the
- 2:16:13victim in this case. Yes, ma'am.
- 2:16:16Are you a, what the court did not accept that recommendation
- 2:16:18in the court? Can't finish you to the maximum
- 2:16:20on each charge. It came with no sentence is
- 2:16:22consecutively or when after the other.
- 2:16:23Yes, ma'am. If you replace the information
- 2:16:27of any kind, you could not violate any criminal laws or any
- 2:16:30government or any special conditions or probation without
- 2:16:33being subject to replication for the balance of the senates.
- 2:16:35Yes, ma'am. Do you understand the general
- 2:16:37condition of probation? Yes, ma'am.
- 2:16:40Do you understand if you violate any laws or condition?
- 2:16:42The court could bring you back for a revocation?
- 2:16:44Which means you could spend additional time in custody.
- 2:16:47Yes, ma'am. Do you understand?
- 2:16:49This is the guilty plea which is primarily recorded on your
- 2:16:50criminal history. You smell do you understand
- 2:16:53that? You are charged with the crime
- 2:16:54in the future. This play may be used to
- 2:16:56enhancements including on a federal case you smile do
- 2:16:59anything. If you are currently on
- 2:17:00probation and parole your probation and parole may be
- 2:17:02revote based on your entering a guilty today.
- 2:17:04Yes, ma'am. Are you a United States citizen?
- 2:17:07Yes, ma'am. Do you understand that?
- 2:17:09There may be other consequences as a result is guilty condition.
- 2:17:14Yes. And there will be from a
- 2:17:15condition following the trial. Yes, ma'am.
- 2:17:17Back, pleading guilty to a felony.
- 2:17:19You could not use receive possessed transport on firearm.
- 2:17:22In the, if you did, you could be charged with another felony
- 2:17:25offense. Yes, ma'am.
- 2:17:26Didn't you wake me in our deepest?
- 2:17:28Including any mental healthy, things entering your guilty, the
- 2:17:32smile. By pleading guilty of the
- 2:17:34following rights, I'm going to say in one at a time to make you
- 2:17:37understand the right to trial by jury.
- 2:17:39The right to remain silent and not incriminate yourself, the
- 2:17:42right to see and hear the witnesses against you.
- 2:17:44Answer question them the right to assist us of council hired by
- 2:17:47you or to court appointed counsel.
- 2:17:48If you cannot afford an attorney, the right to the
- 2:17:50production of Innocence between the statement true, you're
- 2:17:53guilty of each charge being a reason without the right to
- 2:17:55testify on your own behalf or a main silent and you will be told
- 2:17:58they cannot use your choice against you.
- 2:17:59The right to present other evidence of your own and call
- 2:18:02your own. Is if you choose to and the
- 2:18:04right to appeal, it can be convicted of these charges after
- 2:18:06a trial, just smile cancel. Are you satisfy your client?
- 2:18:09Understand these rights waving by pleading guilty to these
- 2:18:12charges? Yes, I am, Mr. Gray has anyone
- 2:18:15forced her into promise? You anything, to get you into a
- 2:18:17guilty. Plea, no ma'am.
- 2:18:18And it was your decision to raise these rights.
- 2:18:20We just talked about and introduce people because you're,
- 2:18:23in fact, guilty, Just my two, indictment number, 25, St. 0, 0,
- 2:18:286, 4, 0 2. How do you, please?
- 2:18:33If this guilty freely and voluntarily giving.
- 2:18:35Well, full of charges against you, Yes, ma'am.
- 2:18:40You understand you have a right to appeal directly from your
- 2:18:42guilty plea, but if you believe that there's some area in your
- 2:18:45guilty, plea, you can't apply, you can't apply to the real to
- 2:18:48the appropriate Appellate Court to request discretionary appeal.
- 2:18:52That that procedure is outlined ocga 5-6-1.
- 2:18:56Yes, ma'am. You understand that you have
- 2:18:58only four years from today for a felony charge to follow habeas
- 2:19:01corpus petition challenging the volunteers of this guilty plea.
- 2:19:04Yes, ma'am. You understate.
- 2:19:06Can't give it that she'll based on.
- 2:19:07Let's dispense stipulates census prepared to stipulate.
- 2:19:11Yeah, the victim was the family member of the defendants, he
- 2:19:18gets that, you know, he was seven with pain and anxiety and
- 2:19:23that he did want to see the defendant started yo time
- 2:19:26depending on what was in custody for two over 200 days and we
- 2:19:29believe that that jail time is sufficient and he's just asking
- 2:19:33to put this behind him as well. Nothing further from the state,
- 2:19:38he probation issues, Mr. Pits. Yes, stated the victim.
- 2:19:47In this case was a family member cousin.
- 2:19:50Great himself was distraught over the passing of his mother.
- 2:19:54And there was something said that.
- 2:19:57Send him over the edge when I first met him.
- 2:19:59He very tearfully stated to me that he didn't mean for this to
- 2:20:02happen. He's been of a position that he
- 2:20:05was prepared to resolve this all along as we've already.
- 2:20:08Let the court know. We attempted to present this to
- 2:20:11the behavioral health treatment court for resolution Mr. Bray
- 2:20:15does take medication at the jail I've spoken with him.
- 2:20:19He is familiar with Grady at 10 Park Place and that's where he
- 2:20:22can go to continue to receiving his medications.
- 2:20:24And I have spoken at length about how important it is for
- 2:20:27him to continue medication, because he keeps him focused in
- 2:20:30a good place when he's off. It is not a pretty picture.
- 2:20:34He anticipates that at least initially, he'll return to the
- 2:20:39Family Residence here in the Atlanta area on Fairburn Road.
- 2:20:41He notes that he has been informed, that his cousin the
- 2:20:46victim. In this case has moved to Noonan
- 2:20:48Georgia. He also is contemplating a move
- 2:20:51himself to the Pine Mountain Georgia area, where his father
- 2:20:54as well as his son, his side. In addition to that, son, Mr.
- 2:20:59Gray has two other adult children.
- 2:21:01He lets me know that he is an over-the-road truck driver.
- 2:21:04He's looking forward to getting back to work doing that so he
- 2:21:07would like the court to Understand and permit him to.
- 2:21:11Undertake that employment. He does hold a CDL.
- 2:21:14He tells me and with that judge, we would ask the court to
- 2:21:17receive the plea as negotiated All right, Mr. Bray.
- 2:21:24So I just need to confirm you understand the nature of this
- 2:21:26charge. What the charge is about
- 2:21:29aggravated assault. Oh, just oh yes.
- 2:21:35And I just also need to make sure this is your decision and
- 2:21:38it's a free and intelligent decision on your part.
- 2:21:41Yes. Okay.
- 2:21:43And Mr. Pitcher satisfied your client is confident.
- 2:21:45Yes sir. Okay, I will find that there's a
- 2:21:49sufficient factual basis and that the police are involuntary
- 2:21:52and intelligently. And I'll send you.
- 2:21:56Mr. Bright again I just want to ask for the record.
- 2:21:58Is he eligible for first offender?
- 2:22:00He is not wrong. Okay, then I'll send you Mr.
- 2:22:03Bray's recommended which on aggravated assault is seven
- 2:22:05years to sort of six months with the balance on probation.
- 2:22:08You get full credit for that 100 or excuse me 217 days.
- 2:22:13You've already done the special conditions.
- 2:22:15No weapons, no drugs or alcohol. That develop prescription you
- 2:22:18take an anger management. Course mental health, you follow
- 2:22:21to keep following any treatment, you've been prescribed and your
- 2:22:24cousin apparently doesn't want any contact with you.
- 2:22:26So you shouldn't be in any way reaching out to him in any form.
- 2:22:30While under this probated sentence, I'll put in a special
- 2:22:34edition here as well. You can leave the state for
- 2:22:36purposes of work, just in case. That's an issue with probation.
- 2:22:39And for any technical violations, like failing to
- 2:22:41report, those will be handled by your probation officer with a
- 2:22:45sentencing cap of PC or our SAT under the sensing options
- 2:22:49system. Kevin questions, Mr. Brave
- 2:22:52anything we've covered here today?
- 2:22:54No sir. You are.
- 2:22:57Well, I wish you the best of luck to resolve your case with
- 2:22:59us here today. Okay.
- 2:23:01Thank all right, Mr. Cruiser from probation, will be meeting
- 2:23:04with you before you leave. Yes.
- 2:23:05So we're off the Record. Take Care.
- 2:23:07Thank you. Thank you judge.
- 2:23:10Thanks. Okie dokie friends TCF live.
- 2:23:14It's a super Friday. Let's go to Michigan judge,
- 2:23:21Middleton. He's holding Court from a
- 2:23:24closet. Good morning once again,
- 2:23:31everyone. Somebody asked us to rearrange
- 2:23:35the flag so we did and they said they were the long.
- 2:23:39Border. And this will take your word for
- 2:23:42it. This is a bench warrant
- 2:23:58Arrangement and a criminal Arrangement and several cases
- 2:24:01versus Patrick Bernard Jones that you sir.
- 2:24:07Yes, sir. Um, Mr. Jones, you've got picked
- 2:24:12up on a benchmark last night on file 251956.
- 2:24:17That's a retail fraud in the third degree that allegedly
- 2:24:22heard on September 8th of 2025. A.
- 2:24:29You posted Bond back in. December of 2025.
- 2:24:37They had an attorney pretrial. And you called and said you
- 2:24:43couldn't get there. That was January. 2nd.
- 2:24:47We reset it to February 6th. And he didn't show up on
- 2:24:53February 6th. Called said he couldn't get a
- 2:24:56ride. So they tried again.
- 2:25:01Through the month of February, he never showed up.
- 2:25:04So we should a bench warrant February for your fail to appear
- 2:25:08on that retail fraud charge here attorney is Paul Gibson.
- 2:25:14You have several new charges or other charges.
- 2:25:19You know, two trespassing charges.
- 2:25:21All right, file 252307, they're all so charged with retail fraud
- 2:25:27and that case retail product, a second degree, which allegedly
- 2:25:31occurred in April 2 5. Same sequence of events, she got
- 2:25:36arrested, you didn't show up, you fell to appear and you
- 2:25:40continue to fail to appears because it's not only one of us
- 2:25:49could talk at a time. It's religion on December 31st
- 2:25:54of 2025, you trespass in the city of Sturgis and filed
- 2:25:59252719. And trespass in the city of
- 2:26:04Sturgis on December 11th of 2025.
- 2:26:11They sent you a notice of arraignment for January 20th,
- 2:26:14show up. They did a shoe cause you didn't
- 2:26:18show up for that. I did and so then they should
- 2:26:23these warrants, then there's another one.
- 2:26:30Two one, two, five, eight. Oh, that's unpaid.
- 2:26:34Trust pass. And there may be another 2370.
- 2:26:45To 32. I guess that's it.
- 2:26:53Also, you have two retail frauds.
- 2:26:57That you fail to appear for and to trespass so that you fail to
- 2:27:01appear for the distinguished gentleman, appearing with us.
- 2:27:06Here is Mr. Keith Stickley. He is the chief public defender.
- 2:27:14How did you get? Last night.
- 2:27:21I know what I do that. I had one and was going through.
- 2:27:26was the things we might with the home that was staying in the
- 2:27:30guys tried to, like, basically, take over my take over the home,
- 2:27:33that stand that I was paying right in, and I hadn't called
- 2:27:37the police. And, you know, and I had to turn
- 2:27:38myself in just to deal with that.
- 2:27:39So police can deal with that. Okay, how did you turning
- 2:27:43yourself in? Who I was.
- 2:27:48Or where was that? It was that was sitting at
- 2:27:52Walmart. He called the police at Walmart
- 2:28:00and said, come get me. know, I told him about the situation
- 2:28:04with the um, what was going over my home and the guy's trying to
- 2:28:08take over my home They tried to jump on me and I want to get
- 2:28:12away. And hey, I'm gonna, I'm gonna
- 2:28:18I'm gonna stop here because I said, I kind of know where this
- 2:28:21is going and I'm not sure. Yeah.
- 2:28:23Okay. I think he called the cops and
- 2:28:28then they serve these warrants. Yes.
- 2:28:30Yes yes. Because Are you still at the
- 2:28:36Jean Street address? No, no sir.
- 2:28:41What's your address? 917 East West Street.
- 2:28:52Searches. Yes, sir.
- 2:28:56I am employed. Yes, sir, there's that.
- 2:29:00I do landscaping as sleazy last game.
- 2:29:05I don't know where this place is.
- 2:29:06Why I just work with the guy. I do landscaping with the guy.
- 2:29:17And I also just got a cartoon. That's the reason why I missed
- 2:29:20court. I don't mess with anybody.
- 2:29:22I don't, I don't because anybody like, I'm alone for real and I
- 2:29:28just got so I can hear all the way every day now.
- 2:29:32Did you ever contact your lawyer?
- 2:29:36Know, I contacted the courts. I did contact the court.
- 2:29:41And I think yes, I did. I did contact my attorney.
- 2:29:49All right. Well, let's reset all these For
- 2:29:56May 1st at 9 a.m. That's the next available date.
- 2:30:10With Mr. Gibson. He was here earlier but he left
- 2:30:19to go to Three Rivers. And another thing I didn't I
- 2:30:23didn't I didn't know nothing about his new cases.
- 2:30:27I didn't get anything in the mail about these new cases, the
- 2:30:30trespassing cases. I didn't I didn't know anything
- 2:30:32about these cases. Okay, fair enough.
- 2:30:37Oh yeah, thank you. Got a ticket at the told you to
- 2:30:54appear. But on January 6th at 8 15, so
- 2:31:03those were in a total, surprise bond is 250 cash or Surety in
- 2:31:09each retail fraud case. On is 50 dollars.
- 2:31:25Cash or survey and the trespass cases.
- 2:31:35Does the kind of cases? It could probably be resolved if
- 2:31:38you the prosecutor. Together.
- 2:31:42All at the same place in the same time.
- 2:31:45Do you have any warrants from anywhere else?
- 2:31:47No. Very good.
- 2:31:59You can kind of play in Fast and lose with the rules.
- 2:32:02You fail to appear on multiple cases.
- 2:32:05You fail to appear on two different trespass cases on
- 2:32:10different dates. You fail to appear multiple
- 2:32:13times on the retail frauds. It didn't show the second.
- 2:32:17We reset it to February 6th. You never called your lawyer.
- 2:32:22It didn't just, I promise you, I always call.
- 2:32:27I always call. I'm never just.
- 2:32:29Not called, like, we reset it for your benefit on February
- 2:32:346th. You didn't show up then.
- 2:32:36Then you. are here all day every day, we Went around with this
- 2:32:41during the whole month of February trying to get you in
- 2:32:44here, you never saw your lawyer then and you never called up.
- 2:32:48So you didn't exactly turn yourself in you call the police,
- 2:32:52and they serve these Open warm. So if you post these bonds, the
- 2:32:58total would be 600 dollars. If you don't post the bomb, I
- 2:33:01will see you next Friday. Up with your lawyer present at
- 2:33:06that time. And we'll let Mr. Gibson know
- 2:33:09that you're presently in jail and he can come discuss this
- 2:33:13with you. All right.
- 2:33:15Good luck sir. Well, they always say just stay
- 2:33:22in contact with the court, but I don't think he understood
- 2:33:24exactly what they meant by that as Michael put it, I always call
- 2:33:27it just don't show up judge. Yeah, like that.
- 2:33:32Let's go. Let's go to judge Ann's Alone
- 2:33:37Again. Ash two to four.
- 2:33:42Seven five, eight, Mr. Harrington, can you start your
- 2:33:45video and your audio, please? Excellent.
- 2:33:56Thank you. So, um, again all the same
- 2:34:00Michigan versus Trevor. John Harrington phone.
- 2:34:03Number 25. -22475 FH. I have a celebratory molaro
- 2:34:08appearing on behalf of the Bennett.
- 2:34:11And I have Phoebe McClure appearing on behalf of the
- 2:34:15people. This is daytime set for plan.
- 2:34:18This matter. I have received an advice rights
- 2:34:21form signed by Mr. Harrington I received an amended information,
- 2:34:27adding account to telecommunications Services,
- 2:34:30Melissa malicious, use domestic relationship, which is a 180-day
- 2:34:37misdemeanor and or a 1,000 fine. And then I have received a plea
- 2:34:43agreement. It is not signed by Mr. Malaro
- 2:34:47or the defendant Mr. Milo. Do you have a copy signed by you
- 2:34:52and your client thought that was sent over judge Mr. It was sent
- 2:34:58over this morning about 9:45 to miss Adams and Miss Spade.
- 2:35:03I have one. Okay, do you have a signed one?
- 2:35:07Bye everybody. I just I can.
- 2:35:09Yeah. yes, I just Oh okay, sometimes the old one.
- 2:35:17So we do have one signed by all the parties.
- 2:35:19The play agreement form states that the defendant will plead
- 2:35:23guilty to the misdemeanor malicious use of a telephone
- 2:35:26again that carries up to 180 days in jail.
- 2:35:30There is a six-month delayed sentence and 30 days in
- 2:35:38Illinois, County, Jail, deferred, so,
- 2:35:55at this point, if it's a delayed sentence, what is your Thought
- 2:36:02process behind that Miss McClure because would it be where what
- 2:36:07happens at the end of the six months.
- 2:36:09At the end of the six months, if there have been no violations
- 2:36:13and he's successfully completed his supervision, then the case
- 2:36:16would be dismissed but he does under the delayed set and statue
- 2:36:20he does have to enter a judgment of guilt and we would just
- 2:36:23motion to set aside or excuse me to withdraw The Plea and
- 2:36:26dismissed the case at the end of the six months.
- 2:36:28Okay, that's what I wanted to make sure.
- 2:36:29All right, so um, Is that your understanding that the
- 2:36:35conviction will remain in the face success would completes
- 2:36:38that in six months. Mr. Mallardo there would be a
- 2:36:42motion to withdraw The Plea and then the prosecutor would
- 2:36:45dismiss. I think the conviction doesn't
- 2:36:47enter isn't that correct? Sentence conviction on an
- 2:36:53underlying charge remains and it does get energy but okay, all
- 2:36:58right. You understand that Mr.
- 2:37:02Harrington know to the full list.
- 2:37:05Okay so Mr. Harrington basically you're being offered a delayed
- 2:37:10sense, which means that you're going to enter a plea today.
- 2:37:13Do you want to delay the sentence out?
- 2:37:15Six months Mrs. Well, yes. Okay, so Mr. Harrington what
- 2:37:21we're going to do, if you want is I'll bring you today, you can
- 2:37:24enter to the misdemeanor Sentencing out six months, okay.
- 2:37:30And in six months time, if we come back and there's been no
- 2:37:35violation and you can continue to successfully, Follow Your
- 2:37:40Pocket Editions, you will withdraw your plea and the
- 2:37:43people will dismiss the charge. It okay.
- 2:37:48Much clearer. Thank you.
- 2:37:50Okay, do you have any questions for your attorney or do you need
- 2:37:53to Talk on. This is more of A could I ask a
- 2:37:58question as far as the six months ago or is it just
- 2:38:00pertaining to my attorney? so that again, could I ask a
- 2:38:05question regarding the six months or is it just a question
- 2:38:08to my attorney alone? No, you're not like that out.
- 2:38:14Hold on, sentencing set out six months so we'll come back in six
- 2:38:19months and if everything's good, the case gets dismissed.
- 2:38:22Okay. So it's not a because I am a
- 2:38:25little bit out of the county. I just want to make sure it
- 2:38:27wasn't any commuting back and forth.
- 2:38:33Yes, I was just making sure it wasn't nothing else.
- 2:38:35You'll keep doing that whole thing with Derek host.
- 2:38:38Okay. And just so Mr. Milo Mr.
- 2:38:41Harrington or where, what we're concerned with is Judge, you're
- 2:38:46all. So monitoring them for their
- 2:38:48parenting time. And things have been going well
- 2:38:52between parenting time and casino exchange.
- 2:38:55There is still a PPO that's valid between the two of them
- 2:38:58and as far as no contact, they're only supposed to talk
- 2:39:04through the Parenting Time app as it relates to custody and
- 2:39:09exchange. There have been a little bit of
- 2:39:13allegations that the conversations may be have been
- 2:39:16outside of that realm so I just want to reaffirm that to Mr.
- 2:39:19Harrington to know that that's all he should be discussing with
- 2:39:23Miss Deshler and assuming that that goes well then this delayed
- 2:39:28sentence will go through Wait, communicate, I get that?
- 2:39:36That's no. Listen.
- 2:39:37I'm just I don't want to hear about it.
- 2:39:39I'm just gonna give you a little advice, okay?
- 2:39:42So just make sure it's simply what time is pick up.
- 2:39:47One is, you know what I mean? But never let it get any more
- 2:39:51personal than a conversation with someone who works at a
- 2:39:54bank, right? You Have.
- 2:39:56I'm not saying you have Mr. Harrington so don't get
- 2:40:00defensive. I'm just saying keep it real cut
- 2:40:02and dry, don't do anything that could scrub the six months, not
- 2:40:06that you have, Mr. Harrington, I'm happy and Bailey hasn't said
- 2:40:10that you have either. We just want to make sure it
- 2:40:12continues literally going. Well, that's for shoes and pick
- 2:40:15up. I know Mr. Harrington hold on.
- 2:40:19She's not saying you did. You're doing everything, you're
- 2:40:23supposed to be doing, you're doing a good job.
- 2:40:25We just want to make sure you understand.
- 2:40:28Make sure you keep that up for the six months.
- 2:40:30Okay, you're doing a good job. No.
- 2:40:32One's made any allegations. You've done anything
- 2:40:34inappropriate? Correct?
- 2:40:36We just want to make sure it stays that way. so, we want to
- 2:40:40remind me that has to continue for six months.
- 2:40:45Go ahead Mister here, I let Mr. I don't know, but you wasn't
- 2:40:49representing me during my case. Um, I actually sent it to you
- 2:40:53guys. The court regarding the
- 2:40:57restraining order not to long ago.
- 2:40:58She put herself around me and I know there's allegations made.
- 2:41:03I follow my end but she literally placed herself in my
- 2:41:07presence in the back of her cousins car, her mother.
- 2:41:09Okay. So I can't.
- 2:41:18Oh okay. I was at the police station
- 2:41:20saline so I didn't know what I'm supposed to do.
- 2:41:24I follow everything strictly if I just asked her hey, can I pick
- 2:41:27up my daughter? That's technically ground for
- 2:41:30me. contempt in court, but she's allowed to put herself in my
- 2:41:35presence and So, you guys use app closed to communicate
- 2:41:42regarding the minor child. Correct?
- 2:41:44Correct. And you're saying that you asked
- 2:41:49to see your daughter. And you think that's a violation
- 2:41:52of that, no, your honor. I'm just saying in the earlier
- 2:41:55stages, you know, you represented, the cases.
- 2:41:57I had a little gray area, understanding, what?
- 2:41:59And whatnot, I have not used any form of communication, other
- 2:42:03than picking up my daughter or asking.
- 2:42:05Hey, does she need diapers or clothes?
- 2:42:07That's it. No, communication of the net.
- 2:42:09My issue is maybe a month or two ago before.
- 2:42:11Mr. Ronald was on my case and I had Mr. Glacier.
- 2:42:14I'm informed the court that she placed herself in my presence at
- 2:42:18the saline police station. I'll put it in Falling,
- 2:42:20everything and nothing happened. So I get I don't have a mouth
- 2:42:24issue on my issue. No.
- 2:42:25But anything that I do minor rather communicating trying to
- 2:42:28see my daughter more, anything like that, I'm getting for
- 2:42:31contempt but she has a restraining order in the allowed
- 2:42:34to places for me just to be nosy per se and see how my life is
- 2:42:37going that just didn't have to me and I know Mr. Miranda didn't
- 2:42:40get a chance to really go over that because he was trying to
- 2:42:42handle those Confused. So I have cases a week so I
- 2:42:50don't remember everything that happens on every case.
- 2:42:54So is she not allowed to be at the exchange know?
- 2:42:57We had a she has a restraining order on me this whole case I'm
- 2:43:01not even allowed to talk to her. So Mr. Harrington, hold up.
- 2:43:05How are you supposed to do? The exchange of the child for
- 2:43:09visitation? It's normally her mother and her
- 2:43:12cousin. There's only three people in
- 2:43:14foul from her herself, her mother, her cousin Her those
- 2:43:20three people are allowed to bring the child to the police
- 2:43:23station in exchange correct. so, And guessing even if there's a
- 2:43:29piano allows for that. And the barn conditions allow
- 2:43:34for it. She can be there, correct?
- 2:43:37Miss McClure. Yes.
- 2:43:40But if she talks to, you see the point of doing this at a police
- 2:43:44department, is it's usually video, right?
- 2:43:48So, I don't understand Mr. Heritage.
- 2:43:51I'm gonna put you in a breakout room with Mr. Milano.
- 2:43:53Okay. I just know it's not okay,
- 2:43:56because I don't want anything. He so I want you and Mr. Malone,
- 2:44:04take a minute. And make sure we're clear on
- 2:44:07everything because I don't, I don't want you to get in trouble
- 2:44:10for something you didn't do a breakout.
- 2:44:12Can I do a break right now? Here you go.
- 2:44:23And the interim Mr. Knowing and missing.
- 2:44:31I am going to good morning. Mr. Noi, your clients with your
- 2:44:36separate? Yes.
- 2:44:38Separate. He is not.
- 2:44:41He's at work. all right, so miss Turn missing and Mr. Noe I'm
- 2:44:50gonna put you in a breakout room with my assistant.
- 2:44:53And then I Mr. Milo is talking. Where's heater?
- 2:45:02I'm here, I know you're there but you're not on my oh there
- 2:45:05you are. Not a my list of people.
- 2:45:06So I'm gonna put Ms Adams in there.
- 2:45:11And then I'm going to go back to her office and I'll be right
- 2:45:15there trying to break out room. I don't remember.
- 2:45:35Okay, we'll come back for the conclusion.
- 2:45:37That a little later. In the meantime.
- 2:45:38Let's go back down to judge Clark in Florida.
- 2:45:42With mother. Yes, sir.
- 2:45:45All right. What states position?
- 2:45:48I spoke to the victims and they are fine with him having
- 2:45:53supervised contact with her with us.
- 2:45:55So long as a third party is present, can they agree to a
- 2:45:58third party? Yes.
- 2:46:01It was that's your address and for a specific third note.
- 2:46:04I'm asking if they can agree if the family can agree with Mrs. I
- 2:46:10think again. Okay I'm going Grant the motion
- 2:46:12peaceful contact only and that'll be supervised peaceful
- 2:46:15contact. You want to get me an order that
- 2:46:17affect? Yes.
- 2:46:19They're just so if it's some other person that y'all can
- 2:46:31agree on, it's not involved in the case.
- 2:46:33That's okay. Cousin siblings.
- 2:46:36Okay, friend. Okay, thank you Ron.
- 2:46:44Yes sir, good luck. And that 214889, it's a motion
- 2:47:15for early termination. What's the state's position?
- 2:47:34This. Oh, you can come.
- 2:47:47I'm just assumed it was. I'm gonna allow you to call you
- 2:47:49first wins. Or you can make an argument
- 2:47:51whatever you like to do. Sure what?
- 2:47:53And and you're honor, one of the things in his play was that he
- 2:47:58had to undergo a sex offender evaluation and completing you
- 2:48:01recommended counseling. He's done that, you know, I
- 2:48:05don't think that he's a risk to anybody.
- 2:48:08He's done exactly what he's supposed to do.
- 2:48:10As far as the felony plea, to my understanding the alleged events
- 2:48:17that made up the basis for the police.
- 2:48:19He was 19 years old at the time. And again, he had, he's
- 2:48:23completed, everything. He's supposed to, you know, he
- 2:48:25hasn't had any violation or any issues at all.
- 2:48:28So we'd asked her on her consider allowing him to go
- 2:48:31ahead. And what in the world?
- 2:48:33Why is this probably caused after they've been reading?
- 2:48:39that makes sense, but of course, I don't understand that. he was
- 2:48:57rejected when I was Why would they do that?
- 2:49:11Like to because I have the one redacted version.
- 2:49:14Yeah, let me see. Well, I'm going to now the
- 2:49:48motion this time based on. I know it's over halfway but
- 2:49:51it's just is over halfway and that'll be without presents.
- 2:49:55So I like to do, they don't they Nature of the charge that I
- 2:50:03will. That's what our presidents to
- 2:50:05follow another motion. So, okay, good luck to continue
- 2:50:08what you're doing. And I'm taking that and I'm
- 2:50:11taking that on consideration. In Boardman this morning, but I
- 2:50:29don't. Really be okay.
- 2:50:33He's in the back. Yeah.
- 2:50:34And we got he's a cuss word competency here if you got the
- 2:50:36report. Yes.
- 2:50:37Okay. All right.
- 2:50:40Very good. All right.
- 2:50:43Let's go back to judge anslow and she's returning to the
- 2:50:47bench. We can finish that up.
- 2:50:49Miss Mr. Harrington Mr. Molaro, and Miss McLaren, this is in
- 2:50:55phone number 25 Dasha. So Mr. Harington Yeah, a lot of
- 2:51:06questions and that's good. You should always ask questions.
- 2:51:08So I gave you a breakout room with Mr. Mallardo his Mr. Milo
- 2:51:13gone through all your concerns with you.
- 2:51:17Have any other questions? No, you're on.
- 2:51:21You satisfied, Mr. Melrose, you're turning the advice
- 2:51:24studies. Giving you yes.
- 2:51:27All right. So um Is it your intention?
- 2:51:31I don't even know. Did I still remember?
- 2:51:33We were here before you? Okay, you're still under.
- 2:51:36Oh, so do you understand the maximum penalty for this event?
- 2:51:40Could be up to 180 days, but it's deferred.
- 2:51:43So I will set sentencing out like six months from now.
- 2:51:47You, I'm sorry. I'm not sure where you went.
- 2:51:50Raise your right hand, Mr. Harrington Do you solemnly swear
- 2:51:55or a firm to tell the truth? The whole truth and nothing that
- 2:51:58the truth? Yeah, thank you.
- 2:52:00All right. So you understand?
- 2:52:02Maximum penalty is up to 180 days in jail.
- 2:52:05There's a recommendation of 30 days, jail deferred.
- 2:52:10I'm gonna set setting out six months, right?
- 2:52:13And so, if everything goes great for six months, Mr. Milo, at
- 2:52:17that day, is gonna ask withdraw your plea and then miss McClure
- 2:52:20will dismiss the charge. Do you want to understand that?
- 2:52:22Yes. If everything doesn't go.
- 2:52:25Well, the next six months which I have no reason to believe it
- 2:52:28wouldn't go. Well, then you would be
- 2:52:31sentenced and you would serve You could serve up to 180 days
- 2:52:36in jail. Do you want to understand that?
- 2:52:37Yes. Okay.
- 2:52:40So, other than the plea agreement for me that the
- 2:52:43prosecutor, the defendant or anyone on the defendants behalf
- 2:52:46has discussed any possible sense with that core.
- 2:52:50Other than the agreement is that correct.
- 2:52:51Mr. Molaro, that's correct. Judge.
- 2:52:57Miss correct. Okay.
- 2:53:05Now is that correct as far as you're aware, Mr?
- 2:53:08Harrington. Yes.
- 2:53:10Okay, if a guilty pleas accepted, that will be no trial,
- 2:53:14this means that you'll be giving up right that you would have at
- 2:53:18trial and going to explain those rights to.
- 2:53:20Now to make sure that you want to understand them, you have a
- 2:53:23right to a speedy public trial by jury mastering trout and
- 2:53:27prosecutor in court agree. I'm sorry, you can have a nun,
- 2:53:32George trial. You have the right to be
- 2:53:34presumed innocent until proven guilty Beyond A Reasonable
- 2:53:37Doubt. You have the right to have the
- 2:53:40prosecuting attorney prove me under reasonable doubt that you
- 2:53:43are guilty, and you do not have to prove anything, you have the
- 2:53:46right to be present at trial have witnesses against your
- 2:53:49parents, ask those Witnesses questions, you have the right to
- 2:53:53have the court order, any Witnesses, you have for your
- 2:53:56defense to appear at trial. You have the right from inside
- 2:53:59silent, during your trial, not to have your silent shoes to get
- 2:54:02you. However, you also have the right
- 2:54:04to testify at your trial. if you want to testify, Do you want to
- 2:54:11understand that if you're pleased accepted, you may be
- 2:54:13giving up the right to appeal issues?
- 2:54:15That would otherwise be appealable if you were convicted
- 2:54:18at trial, do you understand that Mr. Harrington.
- 2:54:20Yes. Do you understand that?
- 2:54:23Any appeal from the conviction and sentence pursuing to The
- 2:54:26Plea will be by application for leave to appeal a number, right?
- 2:54:29Do you understand that? Yeah.
- 2:54:32Do you understand that? If the please accepted and you
- 2:54:35engage in any misconduct, as to find an NCR 6.3100 between now
- 2:54:41and sentencing? The court will not be bound by
- 2:54:43any sense in your agreement or evaluation you will not have a
- 2:54:48right to withdraw. Your do you want to understand
- 2:54:50that? Yeah.
- 2:54:57Sentencing. Violating terms of conditions on
- 2:55:01the terms of any sense in your plea agreement, or otherwise
- 2:55:05fell into comply with an order of the Court pending time.
- 2:55:08So basically what it means is for the next six months, Um, if
- 2:55:12you were to get another charge or violate your bio conditions,
- 2:55:18this plea agreement could actually just completely go out
- 2:55:20the window. Do you understand that sure.
- 2:55:22Okay, Miss Adams, could you have Mr?
- 2:55:25Coast log. On please, if you are not a
- 2:55:29citizen of the United States of America, a conviction of a
- 2:55:32crime, may result in deportation exclusion from admission to the
- 2:55:36United States of America or denial of naturalization.
- 2:55:39So, Mr. Harrington, I know we've been on the record for a long
- 2:55:42time with you. Do you have any other questions
- 2:55:44about the rights that I give to, you know, you're on All right.
- 2:55:48How do you wish to lead to the charge that on or about?
- 2:55:55September 18 of 2025 in the city of Adrian, in the county of
- 2:55:59Lenawee that you did commit the offense under count to
- 2:56:02telecommunications Services, militias used semester
- 2:56:06relationship guilty or not guilty.
- 2:56:09Guilty, does anyone made any threats or promises to you to
- 2:56:13induce you to this charge? Other than the agreement?
- 2:56:16That was placed on the record, know, you're on you.
- 2:56:20Thanks Miss Adams. Do you understand if I accept
- 2:56:23this, you will be giving out any announcements that you're plea,
- 2:56:26is giving as a result of promises or threats that not
- 2:56:29disclose support on the record during this hearing, or that it
- 2:56:32was not your choice to enter the, you want to understand
- 2:56:35that? Yeah.
- 2:56:37Is a prosecutor defense counsel. We have any promises or threats
- 2:56:40or inducements other than the plea bargain to induce the
- 2:56:43defendant to plea guilty. Mr. Molaro.
- 2:56:46No judge and Miss McClure. Know your daughter other than
- 2:56:51what we placed on the record Mr. Harrington has your attorney
- 2:56:54promised, you, any other person or estimated what the sentence
- 2:56:59would be, other than the agreement.
- 2:57:01Know. Yeah.
- 2:57:01Is it your own choice but guilty?
- 2:57:04Yes, you're on. All right.
- 2:57:06So, Mr. Herrington on September 18th of 2025.
- 2:57:11We in the city of Adrian and the county of Lenawee oh, Miss
- 2:57:19Deshler, would have been here on her.
- 2:57:22Okay, the statute says it's either where the call originated
- 2:57:28or a word was said, received and right?
- 2:57:32Yeah. So the call was about perhaps
- 2:57:38you would like to wander hymn, Actually I would prefer a judge.
- 2:57:42Thank you. So Mr. Herrington is a true that
- 2:57:49On the date. The court mentioned.
- 2:57:50You're in the state of Michigan, correct?
- 2:57:53And Miss Deshler is was here in Lenawee County.
- 2:57:58Yes. And is it also true that you
- 2:58:03were? You have a child in common with
- 2:58:05Miss Deshler? Yes.
- 2:58:06And at the time and that was true at that time, when you,
- 2:58:10when these phone calls are made correct, is it true that?
- 2:58:18Under Section sub paragraph, h. That was refers back to some
- 2:58:26paragraph e there. Were repeated telephone calls to
- 2:58:30miss Deshler that you initiated all right.
- 2:58:34And that those calls actually were not completed, but you were
- 2:58:39making, like, numerous like, I think it was like four or five
- 2:58:43calls in the rapid succession. Yes, but you didn't speak to her
- 2:58:47correct know, she picked up one thing up when she heard my
- 2:58:51voice. Okay.
- 2:58:52All right. I think, I think that satisfies,
- 2:59:03the statute does not miss McLaren.
- 2:59:08Yeah. Just I would just ask for
- 2:59:09stipulation that it did disturb the peace and quiet.
- 2:59:12I've missed Deshler. Oh, I'm sorry I didn't see that.
- 2:59:14Yes. And you would, you would
- 2:59:16acknowledge Mr. And agree, Mr. Harrington by doing these
- 2:59:20repeated phone calls, that, that Disturbed her piece or quiet of
- 2:59:25of her, Person you really? Yes, now, yeah, I'm sorry I
- 2:59:32didn't see that. Part is part.
- 2:59:34State satisfied. with them here, I believe the court has your own
- 2:59:45And Miss McClure. Yes, sir.
- 2:59:47All right, except the plate has been giving understandably
- 2:59:51voluntarily and accurately, the defendant has homology of his
- 2:59:54rights. He does have competent counsel
- 2:59:57this court other than the agreement.
- 2:59:59That was placed on the record. It has made no other possibility
- 3:00:02of a sentence in this case, but the prosecutor the defense
- 3:00:06turning the defendant or anyone acting in the interest of either
- 3:00:10of them. so, I'm gonna refer this matter.
- 3:00:15Do we refer now for presents reporting?
- 3:00:17You want to wait till 6 months? We can wait, six months.
- 3:00:21Okay. So Adams I'm looking for a
- 3:00:28sentencing date in October. That I am looking at October
- 3:00:3223rd at 8:15. All right.
- 3:00:36Can we mail a notice of hearing to Mr?
- 3:00:38Harrington yes. Okay, so I'm going to set this
- 3:00:43for sentencing in October 23rd at 8:15.
- 3:00:46Mr. Harrington, we will mail out an address.
- 3:00:50You're in Taylor now, right? No Elmo.
- 3:00:53Oh, okay. You house number is 206 correct.
- 3:00:59Okay. We will mail a notice appearing
- 3:01:02percent. Saying, if you move or anything,
- 3:01:04make sure you keep your phone number and your address updated
- 3:01:07with Mr. Milo, and we will mail that sentencing out.
- 3:01:11I'm noticing out if in the event that an incident occurs, are you
- 3:01:17have a question on how to proceed reach out to Mr. Malaro,
- 3:01:21but if there's ever an incident where, like, the other
- 3:01:26individual, like, I always tell people, if you have a
- 3:01:28restraining order of PTO and the other person contact you or does
- 3:01:32something, make sure you shut the door, get away from the
- 3:01:35situation and call the police, okay.
- 3:01:37Yes. And then we'll be back on
- 3:01:41October 23rd at 8:15 in the morning.
- 3:01:43Do you want that? To be via Zoom Mr. Harrington
- 3:01:46yes preferably Okay. And then I want you to continue
- 3:01:50to work with Mr. Coast and comply with all his directions.
- 3:01:54Okay, no problem. All right, so very good.
- 3:01:58We'll see anything else. Ms?
- 3:01:59McClure. Yeah, I would just ask that the
- 3:02:02next calendar dates be vacated. We had a pretrial for May 27th,
- 3:02:05and then obviously the jury trial and June Okay perfect,
- 3:02:10thank you. All right we'll see you back in
- 3:02:12October, Mr. Harrington block. Thank you.
- 3:02:18All righty friends TCF live on a super Friday about to enter our
- 3:02:23four. I want to go on the way back
- 3:02:25machine for just a couple of moments.
- 3:02:28There was something that I caught yesterday.
- 3:02:31That I can't tell you. The last time I actually saw
- 3:02:34this happen. Anywhere to be on with you in
- 3:02:39this is in judge, Devin Collier's, Court, Gulf County,
- 3:02:42Florida. Let's take a quick look.
- 3:02:48Hey, good morning everyone. If you will, please join me in
- 3:02:59the Pledge of Allegiance. Allegedly to the flag of the
- 3:03:04United States of America, and to the Republic for which it
- 3:03:08stands. One nation, under God,
- 3:03:10indivisible for liberty and justice problem.
- 3:03:13Hey, thank you, please be seated.
- 3:03:15It's April 20th. So, tell me the last time you've
- 3:03:19actually seen the Pledge of Allegiance being done.
- 3:03:21That really struck me. I can't tell you the last time
- 3:03:25I've seen a judge, do it. I can't tell you last time I've
- 3:03:28seen it done anywhere. and I liked that whether you agree or
- 3:03:33disagree with leadership, the direction that the country's
- 3:03:36going, whatever the case may be, This is our country.
- 3:03:41Regardless of our beliefs are differences.
- 3:03:44Whatever. We need more of that.
- 3:03:46We need more of that coming together to just say, hey we're
- 3:03:50we're one country rallying around one flag so I just
- 3:03:55thought that was cool. Wanted to share Let's go.
- 3:03:59Really. Wahoo cringe.
- 3:04:00Okay, you're entitled to your opinion.
- 3:04:03I don't know that. I agree, though.
- 3:04:07Let's go back to judge, McAfee Newton.
- 3:04:10Good. To run the record now with 26.
- 3:04:14Seas 001428 Oh, I'm sorry. I fuck.
- 3:04:18I've had just have one second. Really.
- 3:04:34Really. Farm during Okay, that's it.
- 3:04:43So yeah. Two one back and probation.
- 3:04:53And this is State versus Khadijah, Ray president court
- 3:04:55with Her counsel of record, Mr. Simon off case, haven't been
- 3:04:58recently. Rained and sit here through Miss
- 3:05:02Foster. I understand the parties of a
- 3:05:04negotiated resolution in Louisville here today.
- 3:05:07And so miss Foster, if you could swear in Miss Rae, listen very
- 3:05:10carefully, his questions and she's going to advise you of
- 3:05:12your rights. These raise your right hand.
- 3:05:16Do you swear or from the testimony again?
- 3:05:17And I'm in The Matrix with you. Yes, ma'am.
- 3:05:24Color your hand. Thank you.
- 3:05:26You please stay and spell your true correctly.
- 3:05:28Good name. My name is Khadijah.
- 3:05:30Ray k, h a d. I j a h.
- 3:05:34Last name. Ray r a y.
- 3:05:38Are you at this time? Taking the employee alcohol
- 3:05:40drugs or medicine? No, not at all.
- 3:05:42How old are you? And how are you going to school?
- 3:05:44I'm 46 years old, and have some college.
- 3:05:48Are you able to read write and understand the English language?
- 3:05:51Yes, ma'am. Do it so that you're charged
- 3:05:54with the following the business on the indictment count, one,
- 3:05:56aggravated assault, count to simple, battery Family,
- 3:05:59Violence, count, three positions of firearm during Commission of
- 3:06:02a felony and count for her position.
- 3:06:06Yes, I am. Doing this thing that you have
- 3:06:10the right to please get your not guilty to these charges.
- 3:06:12And you, please not give you an amazing silent.
- 3:06:14You can't have a jury trial. I do.
- 3:06:17Have you had enough time to speak with your lawyer about all
- 3:06:19the facts of circumstances known to you?
- 3:06:21We're going to try just in this indictment, including any
- 3:06:24potential defenses. I have you need more time to
- 3:06:28discuss the case with your attorney.
- 3:06:29Not at all. Obviously satisfied, with your
- 3:06:32Attorney Services. I'm very satisfied.
- 3:06:33Thank you counsel. I used to ask about your client
- 3:06:36had to pull understanding of this proceeding.
- 3:06:38I am Have you reviewed the indictment?
- 3:06:40In this case, we have e-wave former reading in the indictment
- 3:06:43you do. So wave, do you, wait, any and
- 3:06:45all defects in the indictment for the purposes of this?
- 3:06:47Please do. So away from the purpose of this
- 3:06:49clean. Ms Ray.
- 3:06:50Have you been arrested on these charges?
- 3:06:52I have your understanding unaware of any hosting, he wants
- 3:06:55related to these charges Miss Rae.
- 3:06:58Do you understand that you're interested in guilty to the
- 3:06:59following offenses? Aggravated assault with kids, a
- 3:07:02minimum of one year and maximum of 20 years Count.
- 3:07:04So, simple, battery, family, balance with kids.
- 3:07:06And maximum of 12 months, count three, principal firearm during
- 3:07:09commission, which carries a maximum of five years and count.
- 3:07:13Four position fighting back to feeling, which carry the maximum
- 3:07:16five years I am I your attorney about the minimum Massillon.
- 3:07:20Yes. Doing this negotiated plea of
- 3:07:24Gucci Guilty which means they were recommend to the court
- 3:07:27sentence of seven years probation.
- 3:07:28You're in a real. I'm gonna go through the counts.
- 3:07:31When up cat, won't be five years.
- 3:07:34Probation count to the 12 months probation, which would be
- 3:07:37concurrent count. Three will be positioned during
- 3:07:40commissioned two years probation, that will be running
- 3:07:42consecutive. I think that one does have to be
- 3:07:45five. And then we can switch into five
- 3:07:49on that one. In the school on the actors.
- 3:07:50Okay. So be it will be five years
- 3:07:54probation. The count for B.
- 3:07:58Two years probation. The special conditions will
- 3:08:03include no weapons or replica the weapons.
- 3:08:06No fear of the valley, know, fairly know, fairly violent
- 3:08:09contact with the victim. Eternity Robinson.
- 3:08:12What the amendment waiver forfeit?
- 3:08:14The firearm Family Violence intervention course, mental,
- 3:08:18healthy evaluation drug and substance, abusive, evaluation
- 3:08:21and complete any treatment. If recommended, no guns, unless
- 3:08:25no guns are drugs, unless it's about, I'm sorry, no drugs,
- 3:08:28unless development prescription and no further violations of the
- 3:08:30law. Yes.
- 3:08:33Are you aware that the court is not accept their recommendation
- 3:08:35and the court can't send you to the maximum East charge and can
- 3:08:39run those since consecutively. When I was the other, I am.
- 3:08:44Doing the same. If you're a place in probation
- 3:08:45of any kind, you cannot buy any criminal laws of any government
- 3:08:48or any special conditions of probation without being
- 3:08:51subjected to revocation for the balance of the center.
- 3:08:53Yes. I understand.
- 3:08:54Do you understand the general conditions of probation?
- 3:08:57I do, do you stand a few violate any laws or conditions in the
- 3:09:00court? Could bring you back for a
- 3:09:02revocation? Which means you could initial
- 3:09:04time and custody I do, You understand.
- 3:09:06This is the guilty plea which is primarily recorded on your
- 3:09:08criminal history. It's fine.
- 3:09:10Yes, ma'am. Do you say if you were charged
- 3:09:12with the crime in the future, this may be used to enhancements
- 3:09:14including on a federal case Yes, ma'am. do instead, if you're
- 3:09:18currently on probation and parole your probation and parole
- 3:09:21may be revoked based on your injury and guilty today, yes.
- 3:09:24Are you a United States citizen? I am Doing this and then maybe
- 3:09:28other advice on Facebook consequences as a result of this
- 3:09:31guilty condition just as they will be from a conviction
- 3:09:33following the trial. Yes.
- 3:09:35Doing this thing about pleading guilty to a felony, you cannot
- 3:09:38use receive possessed transfer on fire on and if you, and if
- 3:09:42you did, you could be charged with another felony offense.
- 3:09:44I am, yes, you understand that you waive any now deepest
- 3:09:47liquid, any mental healthy things by entering a guilty.
- 3:09:50Yes. Doing still by pleading guilty,
- 3:09:53you're getting up the following rights.
- 3:09:54I'm going to say them whatever. Time to make you understand the
- 3:09:57right to try by Jerry the right to remain silent and not
- 3:10:00incriminate yourself, the right to see her here with the gate.
- 3:10:02You answer question them the right to assistance of counsel
- 3:10:05Higher by you or to point out if you're not a for an attorney,
- 3:10:08the right to the relationship between the state mature of your
- 3:10:11guilty of these charges be on. The reason why don't the right
- 3:10:14to testify on your own behalf or a main silent.
- 3:10:16And we told they cannot use your choice against you.
- 3:10:18The right to present other evidence of your own.
- 3:10:20If you choose to and the right to appeal, if convicted of these
- 3:10:23charges after a trial. Yes, Castle.
- 3:10:26You start your client understand these rights.
- 3:10:28They'll be waiting by pleading guilty to these charges.
- 3:10:30I am. Ms. Ray has anyone forced during
- 3:10:34the promise, you anything to get you into a guilty, plea today
- 3:10:36not at all. No ma'am.
- 3:10:38And if it's your decision to raise these rights, we just
- 3:10:40talked about and entering a good people because you're in fact
- 3:10:43guilty, yes ma'am. Asked to indictment number 26,
- 3:10:46SC 00142. 8, how do you plead guilty?
- 3:10:50Is this guilty freely and voluntarily giving with full
- 3:10:53knowledge of the charges against you?
- 3:10:54It is you understand that you do not have a right to appeal
- 3:10:57directly from your guilty plea, but if you believe that there's
- 3:11:00some area in your guilty, you can apply to the appropriate
- 3:11:02Appellate Court. To request to question your
- 3:11:04appeal that is outlined ocg a 5-6 dash. 35, yes.
- 3:11:10You have only four years from today for felony charge and 12
- 3:11:13months from today for Mr. Mini charge to follow his Corpus
- 3:11:16petition challenging. The bonds of the skills you
- 3:11:18please. Yes.
- 3:11:19You understand. What's the best?
- 3:11:22If you wait? I'm your and this case involves
- 3:11:26a mother and a daughter. Speaking with the daughter, And
- 3:11:32pertains to the bum motion. She did want her mother to get
- 3:11:34out. She did think this was the
- 3:11:37appropriate. The appropriate resolution for
- 3:11:40this case, and that. That family into a Family
- 3:11:45Violence. Intervention course is also
- 3:11:46appropriate nothing further from the state, all right, and this
- 3:11:50is good. I believe she is on probation
- 3:11:52here in Fulton County. So the whole 20, I don't have
- 3:11:57probation period. There's a 20 SEC case.
- 3:11:59Just want to double check. I think they only gave her three
- 3:12:01years. All right.
- 3:12:06Okay, Mr. Siminoff, yes, judge. Um, Ms. Foster's, correct.
- 3:12:11This isn't my mother and daughter from my understanding.
- 3:12:14What's wrong with not want her mother to remain in jail?
- 3:12:19Miss Rae for her part has been dealing with some serious
- 3:12:24medical issues. She's been to gradient at least
- 3:12:26once while in jail she's got some very serious liver issues
- 3:12:31that have been she is a anxious to get out and address I think
- 3:12:37it was corrected, this should be enough that case that there
- 3:12:42needs to be some kind of family reconciliation plan in place.
- 3:12:48So that miss her and her daughter can find some semblance
- 3:12:54of peace and amicable relations Mrs. Not eligible for First
- 3:13:00Federal treatment. However, we are asking that
- 3:13:03she'd be giving full credit for 48 days, just for an impressive
- 3:13:06for this case. Otherwise, that's the court,
- 3:13:08except the police tendered and apply the sons properly.
- 3:13:12It. All right.
- 3:13:13Thank you, counsel, and Mr. I just want to emphasize You know,
- 3:13:17preparing for a bond hearing today and seeing that the
- 3:13:20magistrate a previously denied Bond, I just want to impress
- 3:13:23upon the point that, I mean, there's no reason whatsoever.
- 3:13:26You should be having a gun. And especially, when you've got
- 3:13:29prior cases more than one. Not even around one.
- 3:13:35And so that that is a real cause for concern here.
- 3:13:39So, of course, I want you to mend that relationship with the
- 3:13:42daughter but I want to emphasize again.
- 3:13:43It just stay away from any guns whatsoever.
- 3:13:45All right. But you understand the nature of
- 3:13:48these charges the journey to today, totally understanding?
- 3:13:51Yes. All right, and this is a free
- 3:13:53involuntary decision on your part.
- 3:13:55Yes, Mr. Simon understand. Your client is confident that
- 3:13:58there's a sufficient factual basis.
- 3:13:59Yes. Well, I agree and I find there's
- 3:14:02a sufficient factual basis and at this place voluntarily and
- 3:14:04intelligently and saw except the all set and she miss Ray has
- 3:14:08recommended on count one, activated assault, the sentence
- 3:14:10is two years to serve one month. The balance on probation count
- 3:14:13to as 12 months, serve one month to run.
- 3:14:15Concurrent count. Three is five years.
- 3:14:18Probation consecutive to count one and count for two years
- 3:14:21surf, one month. Concurrent account one.
- 3:14:25Special conditions, no weapons, no drugs or alcohol, without a
- 3:14:28valid prescription. No violent contact with your
- 3:14:30daughter. You will be subject to a fourth
- 3:14:32amendment waiver. You have to complete the Family
- 3:14:34Violence Intervention Program. That's a long program but it it
- 3:14:37is important. Mental health evaluation and any
- 3:14:40recommended treatment alcohol drug evaluation any treatment
- 3:14:43and forfeit that firearm. And for any technical
- 3:14:45violations. Like failing to report, those
- 3:14:47are handed by your probation officer with a sanctions.
- 3:14:50Have a PDC Orr set under the sentencing option system, Do you
- 3:14:54have any questions about anything we've covered here
- 3:14:55today? I appreciate it.
- 3:14:58All right. Well, I do wish you and your
- 3:15:00daughter the best, and we should have that filed today, and
- 3:15:04hopefully you'll be out before too long and that'll resolve
- 3:15:08your case here with us. Okay.
- 3:15:10All right, take care of us, right?
- 3:15:16Yes. All right, we're off the Record.
- 3:15:23Commission you can pack back up because we'll need a witness
- 3:15:26stand. We're all done.
- 3:15:27Oh, I don't think we'll be going back on the record training.
- 3:15:29These revocation. All righty from friends, let's
- 3:15:33do this. Little earlier than normal.
- 3:15:37But what the hell? Let's go to that special place
- 3:15:41where Appalachian Justice. Best happens in a cold dank room
- 3:15:46in a basement. With lighting ripped from the
- 3:15:48Soviet era. Screams of the Dead.
- 3:15:52Heard in the background. The printer that always runs
- 3:15:54never stops never sleeps. A judge who himself.
- 3:16:01May or may not actually be real and alive.
- 3:16:05The Crypt Keeper wandering around.
- 3:16:09Where jeans is formal attire. Ladies and gentlemen, give me
- 3:16:13Junction Court. All right.
- 3:16:48Going live. We use here.
- 3:16:54You get them. The driver Intervention Program.
- 3:16:57Yes sir. Yeah.
- 3:16:59I got my certificate with me for that with you.
- 3:17:01I don't see one in the fall. So
- 3:17:14Okay, we'll make a copy that for the bomb.
- 3:17:17You the original back there. There is a copy of it in.
- 3:17:20There should be ready. Copy community service.
- 3:17:26I still need to do that sir. Honestly, I'll start tomorrow
- 3:17:33morning. All right.
- 3:17:44if you do change service, if after you've completed what
- 3:17:47you're worth it, you do extra You get two days credit or to
- 3:18:03your community service for coming that one day, where you
- 3:18:06get 1 0 0. 0 0 7, Okay.
- 3:18:22Okay. So let's are you paying anything
- 3:18:24on your phone? I paid 50 dollars this morning
- 3:18:26online. Yes.
- 3:18:33Okay, you're working? Yes, Mondays.
- 3:18:37Are you here? Thanks.
- 3:19:15We have a time frame for her face in there.
- 3:19:23And they give you a conference know.
- 3:19:25As far as I know of, I worked my clients off and I finished my
- 3:19:30community service where I met your Recruitment.
- 3:19:33Oh no. I don't really know if that
- 3:19:36time. December.
- 3:20:27Thank you. Sean Miller. 204 739.4, 2360
- 3:20:37Pro, and Just fine. So you know have any community
- 3:20:45service for after here at home? Yes sir.
- 3:20:49See, you got my reports. He's back there.
- 3:20:53Yeah, but report from hometown. How do you feel about things?
- 3:21:48I'm doing great. Yeah, my life's finally going
- 3:21:52better. I feel better things are going
- 3:21:54to good. All right, well, let's continue
- 3:21:58to have some fun to play and keep anything on your plans
- 3:22:03today. I don't get my first check total
- 3:22:05this coming Wednesday so we're just The main goal since I do.
- 3:22:11I'll make it good things. I'll do that.
- 3:22:12I'll make a little payment toward it, or I might start
- 3:22:15doing to me service my days off. Thank you sir.
- 3:22:24Thank you. Good, beautiful decision.
- 3:23:13Come on. Yes, sir.
- 3:23:16I'm still have some community service to do and find
- 3:23:19something. Yes sir.
- 3:23:20I just turned in community service hours to jump this
- 3:23:22morning that's great. And then I plan on this upcoming
- 3:23:26week, I have a few days off work, so I plan on completing my
- 3:23:29community service out. So all right, products work this
- 3:23:36year. Year.
- 3:24:02And you pay anything on your phone.
- 3:24:04I will as soon as I get my first check your owner.
- 3:24:07The only are 25 dollars when I was working off, or have you.
- 3:24:15Where you need to go. Okay, I'm off this Saturday,
- 3:24:17okay? Set your next turn for June
- 3:24:2212th. 9:00. Thank you.
- 3:24:33Kirsten Shipman. Alexis Smith Jerrod Stover
- 3:24:38Shania was more Community Services, done.
- 3:25:19You know, finds you can work with those off too, if you want.
- 3:25:24Everybody, I said about for May 2nd day, right?
- 3:25:26Yeah. Are you paying anything today or
- 3:25:31no? I'm we're not working.
- 3:25:33We're Filing disability. And we're trying to find some
- 3:25:38remote opportunities because of her health issues June 12th will
- 3:25:42be next year, so if I can get a picture piece of paper stating
- 3:25:48like, how much I owe and my number and stuff.
- 3:25:53My Grandma supposed to be paying something for my birthday, but
- 3:25:57she won't do it. Here.
- 3:26:36Should report. Still have bonds and costs a
- 3:26:48community service that we can wait on that.
- 3:26:53Yeah, I turned in a paper with some community service on it
- 3:26:56today. Yeah, okay.
- 3:26:58Good. 12. Alexis Smith, 193668
- 3:27:47Okay. Earth report from counseling
- 3:27:51centers acceptable, you still have the communities and
- 3:27:55content. I was I was gonna ask you, so
- 3:28:01The issue I have, that's stopping me from like making
- 3:28:04progress right now is my only days off work are Friday and
- 3:28:08Saturday and Fridays. I have group and appointments
- 3:28:12with my case manager and things and that takes like all day.
- 3:28:16And then I get my daughter, Friday evening's until Saturday
- 3:28:19night and, I don't want to give up my Saturdays with my
- 3:28:25daughter's community service because the only days I get with
- 3:28:29her. So my case manager told me to
- 3:28:31ask you today, if you would consider completing me from the
- 3:28:35program, so that I can have my Friday's free, just start doing
- 3:28:39the community service. They said they would complete me
- 3:28:43that they wanted to hear from you.
- 3:28:44That I could be completed. That didn't say I'm alright to
- 3:28:48me because that's not you is the way it works.
- 3:28:49I don't tell her a managers went to complete you.
- 3:28:52Well, I was told then that I wasn't sure if I was like
- 3:28:55allowed to be completed until I was off probation, because I
- 3:28:59thought that's how it worked. Not.
- 3:29:02At work, that's your completed. When they believe that your
- 3:29:06recovery is. Completely because they stay in
- 3:29:12recovery that you're not going to relapse.
- 3:29:15Not only that to the program managers I don't make that
- 3:29:18determination so I'm not going to tell them completely.
- 3:29:21Okay, why tell me when they go after we well know, it'll
- 3:29:26probably say that next time then because I've been in treatment
- 3:29:29for 13 months now and they brought like mention completing
- 3:29:35me like several times but I just didn't think that I was able to
- 3:29:39be completed yet because of this.
- 3:29:41No, this. I mean this is an over cake so I
- 3:29:47just want to make sure that when you go back out in the community
- 3:29:50that you're going to be okay and that you're not going to realize
- 3:29:54when you Got a small child, so that has to be a factor in our
- 3:30:00community is overrunning. If you're out there and
- 3:30:06supported, you have to be strong enough to turn down at the
- 3:30:09amphetamine. And that's the number one drug
- 3:30:12in our community is very accessible.
- 3:30:15I quit hanging out with the people, they just apply it to
- 3:30:17you and your friends that are using.
- 3:30:19So I want to make sure you're able to be successful and when
- 3:30:24they tell me they think you're there then I'll say okay you
- 3:30:27don't need their treatment anymore.
- 3:30:29But you still have the ads and forecasts and you haven't.
- 3:30:34Paid fifty dollars out of 670. My page next shows, what I get
- 3:30:41weighted this morning after I was already here, so I can pay
- 3:30:44some of it today. I just want, I don't want you to
- 3:30:51be clean and server to get married, having a drug problems.
- 3:30:57So if you gotta find a court costs, you still gotta pay him.
- 3:31:01Even though you went to treatment, that's part of
- 3:31:04treatment, taking care of the other problems that call.
- 3:31:07So you've got to do that. It doesn't, it's not like a get
- 3:31:18out of jail free card. It weighs everything you've ever
- 3:31:20done it does not. You just don't have to take care
- 3:31:23of everything. Still.
- 3:31:27Keep working on it. Okay, next hearing June therapy.
- 3:31:32Thank you. Jared Stover.
- 3:31:45IRS 25501 24469, 26 1920. I've got a report.
- 3:32:31Names. Okay, can you play anything on
- 3:32:41your files today? I'll pay the hundred dollars,
- 3:32:44Wednesday. I believe they put it on,
- 3:32:47whatever the oldest cases on their.
- 3:32:58Yes, it's is reported, okay, change it.
- 3:33:03Will be your next game. Thank you.
- 3:33:31Just have two days commissioners.
- 3:33:50That faces the review language. We're starting to Arrangements
- 3:33:55next. So people would have
- 3:34:01arrangements and you come in the courtroom, that's the first
- 3:34:03hearing on our kids or if you miss the hearing before.
- 3:34:09State of Ohio versus Frankie James Munson for TRC 26, 653
- 3:34:16AMG. okay, here, Frankie Remind 1954.
- 3:35:07Hearing down here that you were driving a vehicle while you're
- 3:35:11under the influence of alcohol. Tested 19.
- 3:35:17On a graph test. Yes, is a first test for you on
- 3:35:22a first offense, the maximum penalty which has Is six months
- 3:35:27in jail. 1,000 fine. Three-year license suspension.
- 3:35:35The minimum penalty is now 565 one year.
- 3:35:41License suspension. In three days and treatment.
- 3:36:01You're also charged with failure to control your vehicle.
- 3:36:04That's a minor misdemeanor maximum companies.
- 3:36:11You understand the charge is I do understand your rights.
- 3:36:16Which is something you probably know.
- 3:36:24Many times. Called the brand of warnings.
- 3:36:28Yeah. Right to remain silent.
- 3:36:30You don't have to say anything. If you do, make statements, Here
- 3:36:34in the court, everything's being recorded on the record.
- 3:36:37So there's no protection for it. It can be Used against you.
- 3:36:40You have a right to have an attorney.
- 3:36:42What Intel attorney is privilege to what you say there is
- 3:36:46important is not for you. Have a right to have an attorney
- 3:36:49appointed. If you cannot afford an
- 3:36:52attorney, and right to have bail and to make a stable higher
- 3:36:56approve, the charges beyond the reasonable route, those things I
- 3:37:00do. How do you wish to plead to
- 3:37:04these charts? You're getting your truth.
- 3:37:10Which I should your test score and make changes.
- 3:37:18Your test score actually is considered even though it's a
- 3:37:20First Defense, it's insert a high test score so that does
- 3:37:24change. The minimum there is a mandatory
- 3:37:28three-day jail cell phone For a test score of 1770. so you still
- 3:37:37want to enter a guilty clean, even though there's a mandatory
- 3:37:40jail sentence, are you sure? This is that we need to be sure
- 3:37:48about whether it's serious business.
- 3:37:52And you're not sure I didn't say this and sometimes I do.
- 3:37:55And my instructions, say, if you don't know what to do, if you're
- 3:37:57not sure not guilty is always the safest place.
- 3:38:00You can change your food layer. If you want to talk to the
- 3:38:03lawyer, you need to enter an actively today.
- 3:38:08How do you want to see? I'm not guilty.
- 3:38:12You want to be considered for a while?
- 3:38:16Of warrior. Are you working?
- 3:38:20Yes. What are you doing or good?
- 3:38:24Are you paid by the hour? Yes.
- 3:38:26How much per hour? 18 dollars an hour working?
- 3:38:31Full time? Yes.
- 3:38:34So 40 hours a week. Yes.
- 3:38:37Children. Your supporting your single
- 3:38:40person? Yes.
- 3:38:42Okay, then you're making too much money, I can't wait to
- 3:38:44order for you. So I'm giving some time to do
- 3:38:48that. You're making over 35,000 a
- 3:38:53year, right gross. Yep.
- 3:38:57I'll put down two hire a lawyer. Entering an actual complete for
- 3:39:04you. I'm going to let you sign a
- 3:39:05signature Bond. A thousand dollars.
- 3:39:08So, what that means is I'm letting you guarantee your own
- 3:39:12appearance. You're saying judge I promise
- 3:39:14I'll come to court when I ordered to you or if I don't
- 3:39:17I'll get I know I'll get a warrant and I have to pay a
- 3:39:20thousand dollars as a penalty so just kind of Courts aren't
- 3:39:23supposed to be tonight. So, I'm going to set it for May
- 3:39:58the 18th. Your next turn on May 18th.
- 3:40:02Will be a preach all 10, oclock. Mentor, you're not guilty for
- 3:40:08you. And you'll need to go to the
- 3:40:12jail and get fingerprint more more technically jail when this
- 3:40:18happens. Okay?
- 3:40:19So you have to go to the jail, your fingerprint.
- 3:40:23And that needs to be in your problem before you come back and
- 3:40:25forth. And you are under a license
- 3:40:29suspension. You take the test over the per
- 3:40:33se level, which is 819. You know, I make license.
- 3:40:42You have any questions? Maybe 18 10:00 unless you're a
- 3:40:47warrior says they made. It.
- 3:40:55Stable Ohio. Let's do your hand.
- 3:41:18I'm sorry, your hand. Oh the best gonna bring you a
- 3:41:24copy of the charge, okay? I've already paid my bill.
- 3:41:31I do have some paperwork here. Where I am in voluntary
- 3:41:34treatment. I have my cousin who pressed the
- 3:41:38charges right here. He would like to speak two for a
- 3:41:41second. That's okay.
- 3:41:41You cannot speak to me that you speak the prosecutor.
- 3:41:44If you want to come out, please, there's copies of you.
- 3:42:05Yes. That was my release from the
- 3:42:08hospital today. I was released from jail and
- 3:42:11also my most recent therapy session on Monday.
- 3:42:15They think that I might have something called.
- 3:42:19B either medicine. It was borderline personality
- 3:42:21disorders. We're scared, of course.
- 3:42:37And I already did pay my bill. Like I said, it should I be
- 3:42:40posted, Gary, sowards 200 dollars with his feet.
- 3:42:44Yeah. Okay that's oh, I'm sorry. oh,
- 3:43:11made statements to the prosecuting attorney to get
- 3:43:14charges dropped from. Domestic assault to simple
- 3:43:18batteries. so, you're on her, I have I have Ellie Whitley here.
- 3:43:30Who carries his spouse and Ellie's.
- 3:43:33Yes. And they both have great concern
- 3:43:36for Joseph. and, Our Kelly is. As an administrative position,
- 3:43:45we forgot to help and that is where Joseph is treated.
- 3:43:49We wanted to continue to do that.
- 3:43:50That sounds like he already has a relationship with Valley
- 3:43:53Health. Ultimately, this is kind of a
- 3:43:57family thing. We want to make sure that things
- 3:43:59are okay between everybody and say one more thing, just sorry
- 3:44:03so what we are. I don't know whether was he
- 3:44:07already rained the other day or something like that before.
- 3:44:12Oh he talked with that, we're not going to dismiss the case
- 3:44:19but we we just want to make sure that things are okay with it.
- 3:44:22All right, so Mr. Whitley either listen up and let me get through
- 3:44:25this. Yeah, you heard me get the
- 3:44:28rights of defendants correct. So you understand your rights?
- 3:44:31Yes. You've been charged with
- 3:44:35assault. It's a first degree,
- 3:44:37misdemeanor, Ohio. 20th of this year, he only calls the tribals
- 3:44:45at Sea Whitley. So that's an assault charge
- 3:44:50carries the maximum healthy six months in jail and 1,000.
- 3:44:55You understand that charge? I do How do you use the feet in
- 3:45:00the church? Not guilty, you wish to have a
- 3:45:02lawyer appointed to represent you.
- 3:45:06Can get thrown out. Okay.
- 3:45:09Well that Yes I do. I would like a lawyer.
- 3:45:13I'm sorry. All right.
- 3:45:14I'll Point Mr. Morpher to represent here.
- 3:45:21Entering an oculte as I take it. He has a bond up with Mr. Sour
- 3:45:27so I'll continue that. That I'm going to add the
- 3:45:30additional conditions that he continued to get treatment and
- 3:45:34do you need these records back? Now, those are yours.
- 3:45:40Continue with mental health, counseling and whatever medical
- 3:45:44treatment he needs to your boss. And then we'll come back for a
- 3:45:52creature. So is it 15 or afterwards?
- 3:45:57Good. I'm here conveniently. 15.
- 3:46:15May 1 5. 15 judgments. Yes, May 15.
- 3:46:25Friday. No protection or I think it from
- 3:46:29what they said they don't want to.
- 3:46:30Thank you very much. Protection order issue.
- 3:46:33And what's the date? You're on.
- 3:46:35May 1 5. Continue with your treatment and
- 3:46:44be back here on May the 15th. Sure.
- 3:47:46All right, Mr. Roque cap. It's a wedge.
- 3:47:49You missed a review. On the 20th.
- 3:48:07You have an explanation, I forgot what I was.
- 3:48:11I'm sorry I forgot what day it was.
- 3:48:13Okay. But I didn't pay 20 on my pants
- 3:48:16today. Know.
- 3:48:45Thank you. You are Staying Alive with
- 3:48:51Robert Winnetka. There's number CRA, 26 226.
- 3:49:03Thank you. Yes, thank you.
- 3:49:07Good morning. You are.
- 3:49:16And you're Robert Winnetka. Yes.
- 3:49:21All right, Mr. Winnetka, you're charged with possession of
- 3:49:24cocaine. We hear explain the rights of
- 3:49:27defendants. Were you here?
- 3:49:32Why I explained the rights of Defense?
- 3:49:33I was thank you. You understand your rights?
- 3:49:36Yes. The possession of cocaine charge
- 3:49:40is a felony as a 50300 fine, the state of Legends that appeared
- 3:49:49Township. April, the 15th of this year,
- 3:49:52you normally were in possession. Of cocaine.
- 3:49:58For a compound. Containing cocaine that's a
- 3:50:01scheduled two substance under Ohio law.
- 3:50:04The understanding the charge and the possible family.
- 3:50:07Yes. He had the main higher Warrior.
- 3:50:12Yet. No.
- 3:50:13Are you working? No, you have any income.
- 3:50:17Yes. What is that?
- 3:50:18Social security. You're retired or disability
- 3:50:22retired. I must get him out 50K. 1500 or
- 3:50:3015. Oh 100, I'm sorry, 1500.
- 3:50:33Okay, I'd be doing. All right.
- 3:50:41All. Thank you, Mr. Smith is here.
- 3:50:48We're having come in the courtroom.
- 3:51:02Hi judge morning. This is Robert Winnetka and all
- 3:51:06the good morning, composition Church.
- 3:51:11Stays in these kind of Pedro. Ohio address.
- 3:51:14What's the state's positional bond for Mr. Well, your honor
- 3:51:18giving the circumstances in order for us to recommend it to
- 3:51:22our bomb would like to have Mr. Winnetka be assessed for
- 3:51:27treatment and following recommendations.
- 3:51:42Yeah. Judge has medical card.
- 3:51:45He's not a post to being assessed.
- 3:51:48Yes, yes. Tell me about your kids and what
- 3:52:05school? They're in because they're
- 3:52:07affected by yourself. Since she's If you're not
- 3:52:10agreeable, you're doing that. You go on down the greens.
- 3:52:13You're even deal with the current police terms but you're
- 3:52:15not serious about getting cream because I the schools have
- 3:52:19counselors and people that can never bring to help them because
- 3:52:22we know kids, they're in their family, they have substance use
- 3:52:26problems. Are more likely to abuse
- 3:52:28substances and we need to intervene within as early as
- 3:52:32possible. So that's going to be a policy
- 3:52:34of this court. You don't want to disclose that.
- 3:52:36You're going to accomplish and deal with this to us down there
- 3:52:40where two can send you to prison.
- 3:52:42If you mess up I can't send you your prison for this work. so,
- 3:52:47That's the way it's gonna be. Yes, I will meet with him.
- 3:52:50Yes, you have a medical card, Ohio.
- 3:52:54Yes, sir. Okay, have you ever been to
- 3:52:57treatment before? Know you have not.
- 3:53:01Are you a veteran? No sir.
- 3:53:03Okay does Veteran Administration has some facility's.
- 3:53:08Treatment facilities that are quite good.
- 3:53:14Okay. Would you rather go?
- 3:53:17Are you a person that goes to Ironton or Chesapeake
- 3:53:21Chesapeake? Okay, RS.
- 3:53:26It's kind of divided, mystical divided line in Orange County
- 3:53:30people on one side. Go to Huntington people.
- 3:53:33On the other side it has been a legal system if you don't meet
- 3:53:35anywhere in the office. I want you to talk to.
- 3:53:42Jeremy from our RRS. And need that document sign
- 3:53:47legal system. This is you.
- 3:53:49So here's the way it works, Mr. Winnetka is you?
- 3:53:53Stay in this court, you won't go to the current Police Court.
- 3:53:56You won't get indicted. You want to have a risk going to
- 3:53:58prison, but you have to do your part by going to treatment and
- 3:54:01get cream. Get claimed.
- 3:54:04Oh, don't use cocaine anymore or any other legal substances.
- 3:54:07No way. Okay, so we're all the same page
- 3:54:12here, right? You're going to do it.
- 3:54:13Absolutely sure. You talked to Jeremy, he said
- 3:54:16from the treatment facility RRS, they're located near Chesapeake
- 3:54:20and then you'll come back from in front of me.
- 3:54:22Periodically. If you doing good things
- 3:54:24eventually you get your case thrown out.
- 3:54:26So you don't have an exotic Matt, you don't have a charge of
- 3:54:30a family, you have no risk of going to prison.
- 3:54:32Thank you. That'd be a win-win.
- 3:54:34Absolutely, you get pregnant. Yes.
- 3:54:37And you are. I will go through this form with
- 3:54:40him once he's assessed. Is there a comeback thing?
- 3:54:42We have. I'm going to go ahead and give
- 3:54:44you a assuming. Yes.
- 3:54:46And then there's this you can come back.
- 3:54:50I'm gonna let him sign a 2000 dollar signature bomb.
- 3:54:56One. Who did you come back on?
- 3:54:58What he was soon fingerprint as he was at the jail with?
- 3:55:01Like they released him from here?
- 3:55:03They take your fingerprints at the Jailer.
- 3:55:05I didn't go to jail. You didn't go to jail.
- 3:55:08You didn't even to now to get fingerprinted.
- 3:55:10Okay and he'll give you a few. Yeah.
- 3:55:13He's got to do that any other time.
- 3:55:32Or if they're 14 and the fourth date and 18th.
- 3:55:35Yes. let's, Do the 11. I could do that.
- 3:55:43Okay. yeah, Court pointers my
- 3:56:18Information for you. If you have a seat out here, I'm
- 3:56:21gonna talk to just a few minutes.
- 3:56:22I got a copy of the final do a couple things plus, you can't
- 3:56:26read it for now. Just waiting long before you are
- 3:56:45Not. Issue with a protection order is
- 3:57:27over the internet. So, everything correct?
- 3:57:34That Court going to be okay with him.
- 3:57:36Changing are they ordered? So that's a different person's
- 3:57:42core. I'm not aware that answer.
- 3:57:45I could find out for you. I would think they need to be
- 3:57:48notified. Also because that part of his
- 3:57:50bond there, too remaining treatment. just, Well.
- 3:57:58It's always better to raise it yourself, and let them find out
- 3:58:01on their own, that you didn't report it to him.
- 3:58:03So, that's my edgy. Somebody comes in and tells me
- 3:58:06there's an issue. We want to address it.
- 3:58:08I want to be right with the court.
- 3:58:10I'm going to handle that a lot differently than when I find
- 3:58:13out. because you didn't tell me there's a problem with the
- 3:58:17treatment, so, one of the things that, Concerns me as I can,
- 3:58:28maybe the verbal word, of course, going to be different.
- 3:58:30But I'm just reading from this report That says God,
- 3:58:35presentation within group settings over the past week, has
- 3:58:37great clinical concerned. Facilitating commission's
- 3:58:41report, he's deployed this way. Maybe attitude made comments and
- 3:58:46contrary to you just destructive group dynamic.
- 3:58:53Okay. So what's that about?
- 3:58:57Let's say forth, I was like everything was going fine.
- 3:58:59The only disruption was whenever said person showed up and I had
- 3:59:04to leave group but nothing was said and a negative light.
- 3:59:08They came to me yesterday and asked me about the outpatient
- 3:59:11and said they were completing me.
- 3:59:13To transfer it, outpatient. Okay, that is correct.
- 4:00:01Your honor. So he is being recommended to go
- 4:00:04to outpatient now. So that report makes him seem
- 4:00:07like, you know, he's doing terrible and the report that
- 4:00:11they gave me Monday and the report that they gave me Friday,
- 4:00:14don't align. So I went to his heart myself.
- 4:00:17There are a couple negative things in there, but nothing to
- 4:00:19the extent. That, that report.
- 4:00:24The bottom line is, he is okay, to go to our patient and work
- 4:00:28closely at home. They want to complete him
- 4:00:31Monday, and send him out. But I think he knowing his
- 4:00:38history like I do, which I know. Very, very well.
- 4:00:42I want you to be an outlet. Yes, I've already lined up
- 4:00:46outpatient before, that was part of the recommendation for me
- 4:00:49being completed. It's obviously been set, here's
- 4:00:56here's my concern. Maybe the cause of the problems
- 4:01:02in the past and gone now, which I understand that could be.
- 4:01:07Okay. So every time you going home
- 4:01:10before, You know, I just don't want there to be a relapse or a
- 4:01:19big problem when you go home this time.
- 4:01:20So I know that one of the persons that may have caused
- 4:01:24that is out of the picture and going to be out of the picture
- 4:01:27for several years. Yes sir, my understanding so
- 4:01:32we've had discussion about your child and your responsibility
- 4:01:37and I think you would agree with me that's got to be your main
- 4:01:40focus. Absolutely sir being a father to
- 4:01:43your child. You can't be a father to your
- 4:01:46child if you're using drugs. Are you with that?
- 4:01:49Yes, sir. So we got to do, whatever.
- 4:01:51Thanks to keep you clean server. So I'm okay with you going to
- 4:01:54obtain parkerville on an outpatient basis, your army
- 4:01:58going back, a little, with your mom and your baby.
- 4:02:00Yes, sir, okay, I still want to see you.
- 4:02:04Not because I want to to you or I want you to be successful and
- 4:02:10I feel like when you feel like you have to count for me, that
- 4:02:14makes you more likely to stay on the straight hair and I just
- 4:02:18say, okay, see you later. You're done.
- 4:02:23I think you still need some help.
- 4:02:24Yes, sir. You've done.
- 4:02:26Well, you did well and impatient. with some, we've had
- 4:02:31some ups and downs, which Is not fairly unusual but your car is
- 4:02:39getting finished up. So don't mess it up now.
- 4:02:42Yes sir. Okay, so outpatient and I start
- 4:02:46looking for a job probably. Yes, sir.
- 4:02:48I've been in contact, I believe already have employment lined
- 4:02:51up, right? yeah, so I want to save for
- 4:02:56another review to see wherever he's not telling me about is
- 4:02:59outpatient counseling about You know what your schedule?
- 4:03:18You can't hear on the 18th but May 22nd is a party.
- 4:03:41Thank you. That brings it to an end for
- 4:03:45this week, folks, we will be back on Monday, 9 a.m. eastern
- 4:03:4960, mm Pacific, a half an hour earlier if you are a channel
- 4:03:53member but thank you all for joining me today and go have
- 4:03:56yourselves a great weekend.