Latest / The Courtroom Files / May 20, 2026 Court Hearings: Judge Aquilina Sentences Dealer, Mercer Revokes Bond, Parole Board Hears Violations + More | TCF Podcast #295

Transcript

May 20, 2026 Court Hearings: Judge Aquilina Sentences Dealer, Mercer Revokes Bond, Parole Board Hears Violations + More | TCF Podcast #295 · The Courtroom Files

0:00
Good morning everybody. Happy Wednesday.
0:04
Welcome to TCF LIVE. My name is Dan Soul.
0:05
I'll be your guide on this three hour journey through
0:07
Courtlandia. We're starting in Royal Oak, MI.
0:10
This is Magistrate Urich Oak Police Department.
0:13
You are in the right place. Please listen carefully.
0:16
The court is going to explain the procedure for these hearings
0:19
to you as a group and then we will undertake their cases one
0:23
at a time. So to begin with, these are
0:26
civil cases of a non criminal nature.
0:28
Nobody's going to jail today on their traffic ticket.
0:31
It is however, considered serious enough that the officer
0:34
issued you the citation on the date in question.
0:37
You will be required to make a selection from one of three
0:40
options and three options only in the protection of your
0:44
rights. You may, if you wish, simply
0:46
admit responsibility to the citation.
0:48
The portal attach a fine between zero and the maximum and that'll
0:53
close the case. Your second option is to admit
0:56
responsibility, but with an explanation that you believe
0:59
mitigates your circumstances. And your third option is to deny
1:04
responsibility. If you do so, the court will
1:07
swear the parties underoath and conduct your trial forthwith.
1:10
The officer testifies first. It's their burden of proof that
1:13
it is your turn to testify, tell the court what you wish the
1:16
court to know, and then the court makes the finding of
1:18
responsible or not responsible. Please remember, since we're in
1:21
civil court, that burden of proof is a mere preponderance of
1:24
the evidence. It is not the heavy burden of
1:26
proof of guilt beyond a reasonable doubt which is
1:28
reserved for Criminal Court. Lastly, this court, this umpire,
1:33
the magistrate here, does not have the legal authority to add
1:37
or subtract points. That is between yourself and the
1:41
Secretary of State. However, anything you do say can
1:46
be taken into consideration by the officer.
1:49
But the courts not here to haggle with you.
1:51
The courts here to accept a plea and then we move on from there.
1:55
So with that said, I'm going to excuse you back to the waiting
1:57
room. Please have any documents you
2:00
need or your testimony ready. Should you choose?
2:03
To go that route and the court will be with you shortly.
2:07
Well, Magistrate Urich immediately gives us some dead
2:10
air time once again, let me say good morning to everybody.
2:13
TCF live on this wonderful Wednesday, which for this week
2:17
is kind of the new Thursday because tomorrow will be the new
2:20
Friday slow start in Cortlandia, which is why we're starting here
2:25
with the magistrate. So we'll give him a second to
2:28
see if he wants to actually participate.
2:32
Otherwise, I will find us something else though.
2:34
Again, not many choices yet, but more than fair.
2:38
There we go calling case number 26, RO 01258 people versus
2:43
Melissa. Dana Lewis, that's you.
2:44
Yes. Yes.
2:47
Good morning again, Miss Lewis. You were present just a moment
2:49
ago before to explain the nature of an informal hearing.
2:51
True. Yes.
2:52
Yes. So you understood the court to
2:54
instruct us you must select from one of three options to protect
2:57
your rights, Yes? I do.
2:59
Thank you, Miss Lewis. A citation before the court was
3:02
issued March 5 this year at about 6 past eight in the
3:06
evening. You were up in 2019 Mercedes
3:08
black in color on Washington Ave. at or near Lincoln.
3:13
And at that time, you were cited for disobeying a traffic control
3:16
device. Officer Cole's remark on your
3:19
ticket indicates driving northbound Washington
3:22
approaching Lincoln failed to yield to solid yellow and
3:26
proceeded through red light. And apparently there's a dash
3:29
Cam capture of this. The Motor Vehicle Code indicates
3:34
that motorists must stop on a yellow light if that is a safe
3:41
stop under all circumstances. But notwithstanding that, Miss
3:45
Lewis, you do have your three options today.
3:47
You may admit responsibility, you may admit and explain, or
3:51
you can deny responsibility. The court will swear the parties
3:54
and take the testimony. What do you want?
3:55
The court. To do for you.
3:57
Your Honor, I'd like to admit and with an explanation.
4:01
Very well. So you're confirming to the
4:02
court that on the date in question you were operating
4:04
motivate on the City of Royal Oak and at that place and time
4:08
you disobeyed a traffic control device, correct?
4:12
Correct, your Honor. Thank you, Miss Lewis.
4:14
What do you want the court to know?
4:16
That night it was, it had rained all day that day and it was like
4:20
torrential pouring. I was going 5 miles under the
4:23
speed limit as well 'cause I've gotten in at my first accident
4:26
when I was a child, I it was raining.
4:28
So I drive really slow for during the rain and the light
4:33
was turning yellow and I was like coming up to the spot, I
4:39
guess. And I didn't think I did start
4:41
breaking, which you can. And I did see the cop in front
4:43
of me and I started breaking and you could probably see that on
4:46
the video as well. But I felt like I was going to
4:49
slide through traffic if I if I did that.
4:52
So I originally started to break, kept going, went through
4:56
before they even turned their lights on and pulled around to
5:00
pull me over. I pulled over because I knew I
5:02
was going to get in trouble, but I just didn't want to fly like
5:05
slam through the intersection while it was raining just in
5:09
case. I thought it would be the safest
5:10
for me to go through it and if I were going the speed limit, if I
5:14
was going faster I think I would have gone through the light.
5:17
I just didn't think it was safe for me while it was raining and
5:20
the video should show that as well.
5:23
Judgement Cole. Thank you, Miss Lewis.
5:25
The Court appreciates all your remarks and turning to Officer
5:29
Cole. A motion to amend to impeding
5:33
Your Honor. OK, impeding traffic.
5:35
Thank you, officer. Miss Lewis is a 0 point
5:39
violation will not permanently appear on a master driving
5:42
record that's acceptable to you. Yes, Your Honor.
5:44
Thank you. Very well.
5:46
So your original plea will subsume A plea to impeding
5:48
traffic. The fine Miss Lewis is 100,
5:51
pardon me $75.00 That was payable through the pay portal
5:54
on the 44th different court website.
5:56
Or you may walk a cash check or charge into this court at 400 E
6:00
11 Mile Rd. Monday through Friday between
6:02
8:30 and 4:30. That's due within 14 days.
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I complete your hearing. Good luck to you.
6:07
Thank you. Have a good day.
6:09
Take care. Bye.
6:10
Bye. Only case number 26, RO 01717.
6:16
This is People versus Jack Thomas Bruner.
6:18
That's you, Sir. Yes, Sir.
6:21
Mr. Bruner, you were present earlier today when the court
6:23
explained the nature of an informal here.
6:25
True. Yes.
6:27
You're honing. So you understood the court to
6:28
instruct that you must select from one of three options to
6:31
protect your rights. Yes.
6:32
Yes, you're honing. Thank you, Mr. Bruner.
6:34
The citation before the court was issued on March 28th this
6:37
year. At 3:45 in the morning.
6:40
We're operating a 2021 Volkswagen Black in color on 10
6:44
Mile Rd. Internet Woodward Ave. in the
6:46
city of Royal, and at that place and time you're cited for
6:50
improper lane usage with an accident obstacles.
6:54
The remark appearing on your ticket indicates Unit 1, which
6:57
would be the Jetta turning from westbound 10 Mile Rd. onto
7:03
southbound Woodward attempted to change lanes from middle lane to
7:06
outer lane. Besides swiping Unit 2.
7:11
That is the citation before the court.
7:13
You do have three options. You may admit responsibility,
7:16
Mr. Bernard. You can admit and explain or you
7:20
may deny responsibility and the court for the parties and take
7:23
your testimony. What do you wish the court to do
7:25
for you? I would like to admit and
7:27
explain, Your Honor. Very well.
7:29
So you're confirming to the court that on the date in
7:31
question you are operating motor vehicle in the city of Royal and
7:35
at that place and time you used your lane improperly and make
7:40
contact with a second vehicle, correct?
7:42
Yes. You're having.
7:43
Thank you. Court accepts your plea.
7:45
What would you like the court to know?
7:47
I prepared a statement, Your Honor, if that's OK, if I read
7:49
that OK. Sure.
7:50
So, Your Honor, I I want to plead guilty and take
7:54
responsibility for the accident and the lane change violation
7:57
that resulted in an accident. I understand that I made a
8:00
mistake and I've taken it very seriously.
8:03
I respectfully ask the court to consider leniency because it's
8:07
my first traffic citation. I've maintained a clean driving
8:10
record for the past eight years. I'm currently a nursing student
8:15
and I work very hard to maintain a good standing both
8:18
academically and personally. This incident was not
8:23
intentional or reckless. It does not reflect my normal
8:26
driving habits. I've also learned from this
8:29
experience, and I respectfully ask the court to consider
8:33
reducing any penalties or points if possible.
8:37
Fair enough. Thank you for your remarks and
8:39
your preparation. Mr. Bruner.
8:40
Officer Cole, what would you like to shoot?
8:42
A. Motion to amend to impeding,
8:44
Your Honor. Very well impeding traffic Mr.
8:48
Bruner is a 0 point violation will not appear on your master
8:53
driving record. So if that is acceptable to you,
8:58
the court very well, the court will assess the fine.
9:02
So there's be fine and there's an accident fee.
9:05
So your grand total today, Mr. Bruno, is going to be $220.
9:09
That is payable through the pay portal on the 44th District
9:12
Court website. Or you can walk a cash checker
9:14
charge into this court at 400 E 11 Mile Rd.
9:17
Monday through Friday between 8:30 and 4:30.
9:20
That's due within. Well, I'm going to mark this 21
9:23
days and that completes your hearing.
9:26
Please be careful out there. If we don't always obey those
9:31
traffic code provisions, we can end up being our own patient in
9:36
a healthcare perspective. OK.
9:38
Good luck to you. Thank you, Your honor.
9:40
Thank you, Officer only case number 26, RO 01860.
9:46
This is people versus Kira Anastasia Polk.
9:52
That's you. Yes.
9:54
Here a Pope, today is the date and time for your informal
9:57
hearing. You were present earlier when
9:59
the court explained the nature of an informal hearing, correct?
10:02
Yes. So you understood the court to
10:04
instruct that you must select from one of three options to
10:07
protect your rights, Yes. Yes, thank you.
10:11
The citation for the court was issued April one this year at 5
10:15
past eight in the evening. You were operating in 2012
10:18
Toyota Silver and Color on Main Street and near Harrison in the
10:22
city of Royal. At that place and time, you were
10:24
cited for exceeding the posted speed limit by a minimum of 1 to
10:29
a maximum of five miles over. Officers remark that shows on
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your ticket indicates defendant driving southbound Main from
10:38
Harrison Front moving radar 45 and a 30 zone.
10:46
So the margin of speed, at least in the officer's estimation with
10:51
the instrument was considerably higher.
10:54
But Officer Cole chose to write this for one to five over.
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Regardless, today's your day in court.
10:59
You may admit responsibility, you can admit and explain, or
11:03
you may deny responsibilities. The court will swear the parties
11:06
and take your testimony. What do you wish the court to do
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for you? I'm going to say I'm not
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responsible. Very.
11:14
Well, please raise your right hands.
11:18
You both soundly swear the testimony you shall give before
11:20
this court should be the truth. Yes, yes.
11:23
Thank you. Very much.
11:23
The officer testifies first. She's got the burden of proof
11:26
today, Miss Polk commented. Is your turn, Officer Cole?
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Your Honor, I'm going to be completely honest.
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I did not receive a subpoena for Miss Polk today.
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So I didn't. Have any ample time to print out
11:38
her ticket or prepare anything? I did not receive a summons for
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her. Very well.
11:46
So you don't have any comfort level to give any testimony
11:52
today? No.
11:52
Your Honor all. Right.
11:54
And in the absence of that, you have not at least made a prime
11:59
aphasia case. So at this time, Miss Bolt, the
12:03
court is going to find you not responsible.
12:06
Oh, OK. All right.
12:07
What does? That mean I'm I'm.
12:09
Good, that means. You're, you're, you're, as they
12:11
used to say, off the hook. However, the court would remind
12:15
you that the traffic code is simply a safety regulation for
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everybody's benefit. So please be careful out there.
12:23
It's particularly a dangerous driving season, especially with
12:27
the motorcycle people coming back up.
12:29
OK. Good luck to you.
12:31
Thank you so much. Have a great day.
12:34
Good morning. Once again everybody, it is TCF
12:35
live on a Wednesday. Good to have you all here.
12:40
Things are starting to kick off now, but still a little bit
12:43
slow. So we're going to continue to
12:44
ride with magistrate here for one or two more cases.
12:48
Calling case number 26, RO 01715.
12:52
This is people versus Jamarika Ramsey.
12:55
That's you. Yes, Sir.
12:57
Good morning, Miss Ramsey. Good morning.
12:59
Report, District Court, this is your informal hearing.
13:03
It is not a criminal matter. Nobody goes to jail today on
13:06
this ticket, but it's serious enough that Officer Cole issued
13:09
a citation on the date in question.
13:11
That day was in fact, March 28th of this year at about 20 minutes
13:18
of one in the morning. You were operating in 2017 Land
13:21
Rover Grand Color on 13 Mile Rd. at near Woodward.
13:25
At that place and time, it was discovered your vehicle plate
13:27
had expired a couple of days after Christmas.
13:31
So you have three options. You can admit responsibility in
13:33
this manner. You can admit, explain and
13:36
display an updated registration or you have every right to deny
13:40
responsibility. The court will swear the parties
13:42
and conduct your trial. What do you wish the court to do
13:45
for you? The second option if it's
13:48
responsibility and show updated registration.
13:51
OK. So on the date in question, you
13:53
were operating a motor vehicle in the City Road with A tag that
13:56
had expired on December 27th of 25, correct?
14:00
Yes. Correct.
14:01
Thank you. Do you accept your updated
14:03
registration? Yes.
14:05
Your honor, it's. And it's.
14:08
Listed somewhere on here that is the.
14:11
It's. For the Yep, the Land Rover A.
14:12
Little bit, OK, And that looks like it was acquired in April.
14:18
So the only suggestion the court would make is get that decal on
14:23
your plate ASAP. OK, Any motions motion.
14:27
To dismiss, Your Honor, thank. You, this one is dismissed.
14:30
Miss Ramsey, you're a very young person.
14:33
Couple days after Christmas every year for the next 70
14:36
years, you're going to need to get your license plate updated.
14:40
Good luck to you. Thank.
14:41
You, your honor, have a good day, you all.
14:46
I think I've exhausted your motorists.
14:50
Your honor, I have Officer Blitz here Next up for you.
14:53
Terrific. Thank you.
14:55
Have a good day. Thank you if.
14:57
We're begin completely honest. He didn't just exhaust the
14:59
motorist. I think he exhausted that
15:01
officer as well. She looked bored as hell.
15:04
We'll come back to the magistrate.
15:05
Let's go down to Lake County, Ohio, and say good morning to
15:09
Judge O'Donnell. To Count 3 of the indictment,
15:15
that being possession of heroin, a felony of the third degree in
15:19
violation of ORC 2925.11. Should that plea be forthcoming,
15:23
it's the State's further understanding that the defense
15:26
will request the appropriate reports and the matter will be
15:28
deferred for sentence. All right, Mr. Patterson, is
15:32
that correct? Yes.
15:33
John. But the other charges, of
15:34
course, would be dismissed, right all.
15:37
Right, Mr. Davis, how old are you?
15:39
30. 4 How far did you go through school?
15:42
When? You're a college.
15:43
Are you? AUS citizen?
15:44
Yeah. Are you able to read, write and
15:45
understand the English language? Yes, prior to coming according
15:49
to taking any drugs or alcohol or any prescription medication
15:52
in the last 48 hours, have you? Ever.
15:55
Been diagnosed with or treated for any mental illness.
15:59
Did you get a copy of this indictment?
16:01
Yes, all. Right.
16:02
And so. It's my understanding you're
16:04
pleading guilty to count 3, possession of heroin a felony 3
16:08
and then the remaining counts will be dismissed at the time of
16:11
sentencing. Is that your understanding?
16:13
Yes, all. Right.
16:15
The prosecutor indicated he would remain silent at the time
16:18
of sentence. OK.
16:20
Is that right as far as? Deferred as sentencing but he
16:22
says does he tell you that he my.
16:25
Understanding is that the. Defendant will defer to.
16:29
The court in terms of fashioning assent or the.
16:32
The state. Will defer to the the court in
16:34
in terms of fashioning assentance.
16:36
All right, all. Right.
16:38
Mr. Davis, before I accept the guilty plea, I need to determine
16:41
that you know and understand the constitutional rights you'll be
16:43
waving, the consequences of your guilty plea, and the maximum
16:47
penalty I could give you. And I need to be satisfied that
16:50
you're guilty plea is being made freely, knowingly and
16:53
voluntarily. So I'm going to ask you
16:54
questions. If you don't understand a
16:56
question, stop me. If you want to talk to Mr.
16:59
Patterson some more, let me know and I'll give you more time.
17:01
You understand that? You.
17:04
Have a. Constitutional right to have a
17:06
trial either to me or to a jury of 12 Lake County citizens.
17:09
Do you understand that right? Yes.
17:11
Ron, are you? Waving that right, Yes.
17:13
Ron if. You go to a jury trial.
17:15
All 12 members must agree to a guilty verdict before you could
17:18
be found guilty. Do you understand that right?
17:20
Yes, Ron, are you? Waving that right.
17:22
Yes, Ron, if. You go to trial, the prosecutor
17:24
will call witnesses to testify against you.
17:26
Do you understand the prosecutor must prove you guilty beyond a
17:29
reasonable doubt at a trial? Yes.
17:31
Ron. After.
17:32
The witnesses are done testifying for the prosecutor.
17:35
You have a constitutional right to have your lawyer cross
17:37
examine the witnesses. Do you understand that right?
17:40
Yes. Sir, are you?
17:40
Waving that right? Yes, Sir.
17:42
If. You go to trial, you have the
17:43
right to have witnesses come here and testify for you.
17:46
Do you understand that right? Yes, Sir.
17:48
Are you? Waiving that right.
17:49
Yes, Sir, if those. Witnesses refused to come to
17:52
court. I'll issue an order, call the
17:53
subpoena to make them testify. Do you understand that right?
17:56
Yes, Sir. Are.
17:57
You waiving that right? Yes, Sir.
17:58
You have the right to testify at trial if you want to.
18:01
Do you understand that right? Are you?
18:03
Waving that right, Do you have the constitutional right to not
18:06
testify at trial if you do not want to?
18:08
Do you understand that right? Are you waving that right?
18:12
If. You decide not to testify at
18:14
trial. Nobody is permitted to comment
18:16
on that decision. Do you understand that if you go
18:19
to trial and you're found guilty, you have the right to
18:22
appeal the guilty finding? Do you understand that right?
18:25
Are you waving that right? If.
18:27
You file an appeal, you have the constitutional right to have a
18:30
lawyer represent you in the appeal.
18:31
Do you understand that right? Are you?
18:33
Waiving that right. If.
18:35
You could not afford to hire a lawyer.
18:37
One would be provided at no cost to you.
18:39
Do you understand that? If you file.
18:42
An appeal. You're entitled to have a
18:43
transcript of all the hearings in this case.
18:45
Do you understand that right? Are you waving that right?
18:49
If you could not afford a copy of the transcripts, they'd be
18:51
given to you at no cost. You understand that?
18:54
If. You plead guilty today.
18:56
You will not have the right to appeal the guilty finding.
18:58
Do you understand that? Do.
19:00
You have. Any questions about any of these
19:02
rights? No, no.
19:03
Do you still? Want to plead guilty to this
19:05
charge? Yes, Sir, You understand.
19:07
By pleading guilty, you're fully admitting your guilt to the
19:09
charge. Yes, Sir.
19:10
You. Understand by without pleading
19:11
guilty to this felony or voluntarily giving up your
19:14
freedom for whatever period of time I could sent you to prison,
19:17
to jail or to community control and count. 3 Possession of
19:22
heroin is a felony 3 It carries a maximum prison sentence of 36
19:28
months and a maximum fine of $10,000.
19:31
Do you understand that? The.
19:33
Fine. In.
19:34
In this count is mandatory. The minimum is at least 5000 up
19:39
to 10,000. Do you understand that?
19:43
And also with regard to this count, there's a presumption
19:48
that a prison sentence should be imposed as as when it comes time
19:53
for sentencing. And you must overcome that
19:56
presumption at the time of sentencing or a prison sentence
19:59
must be imposed. You understand that?
20:02
Any. Questions about that?
20:04
Are you presently on post release control to the parole
20:07
authority? No.
20:08
John, do you understand your guilty plea may result in a
20:11
driver's license suspension between six months and five
20:14
years? Yes.
20:15
Sean, you. Understand your felony
20:16
conviction prevents you from owning or possessing a firearm.
20:20
Yes, Sean. Do you?
20:21
Understand if a prison term is imposed.
20:22
In this case, you might have to serve a period of post release
20:25
control as part of your sentence or up to two years under the
20:29
parole authority. If you.
20:31
Are placed on post release control and violate any
20:33
conditions of parole. Authority could send you back to
20:36
prison for up to nine months for each violation.
20:38
Up to 1/2 of my sentence. Do you understand that?
20:42
If the. Violation of post release
20:45
control is a new felony. You could get an additional
20:48
consecutive prison sentence for that violation.
20:50
Do you understand that? If that were to occur.
20:53
The maximum prison sentence for the violation would be the
20:56
greater 12 months or the time left under post release control.
21:00
Do you understand that? Do you understand that if a
21:03
prison term is imposed in this case, you are eligible for
21:06
judicial release? Yes, Sir.
21:08
I. Could.
21:09
Place you on community control for up to five years, but if you
21:12
violate any conditions, I could send it to prison for 36 months.
21:15
Do you understand that? Has anybody promised you that I
21:19
would be lenient on you just because you're pleading guilty
21:22
today? Has anybody?
21:23
Promised you what I will sentence you to in this case.
21:26
Do you? Understand at the time of
21:27
sentencing I do not have to follow the sentencing
21:30
recommendation of either the prosecutor or your lawyer.
21:33
Have you had enough time to talk to Mr. Patterson before pleading
21:36
guilty today? Has he?
21:38
Discussed everything about your case and answered all of your
21:40
questions. Questions.
21:42
Are you? Satisfied with the advice he has
21:44
given you. Have.
21:45
You been threatened or coerced in any way to plead guilty
21:48
today. Are you freely, knowingly and
21:51
voluntarily entering your guilty plea?
21:53
Do. You have.
21:54
Any questions at this point? No, All right.
21:56
This narrowed. If this case went to trial, what
21:58
would the evidence show? The enter.
22:00
Had the State proceeded to trial with respect to Count 3, the
22:03
State would have brought forth the following facts that
22:05
demonstrated on or about August 6th of 2025 in Willoughby, Lake
22:09
County, Ohio, the defendant was in possession of five point or 5
22:14
grams of heroin, a Schedule 1 controlled substance.
22:18
The facts were this judge, The Willoughby Police Department on
22:21
August 6th utilized the confidential informant to make
22:24
telephonic contact with the defendant to a number attributed
22:28
attributed to the defendant. As a result of that phone
22:31
contact, arrangements were made between the confidential
22:35
informant and the defendant to meet in Osborne Park and conduct
22:39
a drug transaction. At the time of that transaction,
22:43
the defendant was taken into custody and found to be in
22:45
possession of the 5 grams of heroin.
22:48
The heroin was sent to the crime lab and determined to weigh just
22:52
that, 5g and to be Schedule 1 controlled substance all.
22:56
Right, Mr. Patterson, anything to add to those facts?
22:59
No, you're not. At this time, I've reviewed all
23:01
the the videos, I've reviewed all the statements, and this is
23:05
exactly what I was forwarded to when I was given the discovery
23:10
by the prosecutor's office that it happened on August 6th, 2025,
23:15
and it was a controlled substance and 5G.
23:19
I believe that was when it was tested.
23:20
It was 5G, yes. All right, Mr. Davis, did you
23:23
hear what Miss Naroda said? That the facts would show if the
23:26
case went to trial? Yes.
23:28
And are. Those facts True.
23:30
Yes, all. Right.
23:31
What is your plea to count? 3 Possession of heroin, a
23:33
felony. 3 Guilty. Yeah, we'd like to get afforded
24:05
to copy these. I'm sure we will.
24:15
For the record, Judge, handing you the written plea of guilty.
24:19
It has been signed by Mr. Patterson and the defendant.
24:24
They had an opportunity to review it before coming on the
24:31
record. All.
24:32
Right. Mr. Davis, is this your
24:34
signature on this written plea of guilty?
24:36
Yes, John, did you sign? It voluntarily, yes.
24:39
John, do you want me? To accept your written plea of
24:41
guilty, Yes. All right, I will accept.
24:43
The written plea of guilty Defendant was president Mr.
24:46
Patterson advised of all of his rights been annoying intelligent
24:48
voluntary waiver. He understands the nature of the
24:51
charge the consequence of his guilty plea in the maximum
24:54
penalty find it to be knowing intelligent, voluntary will
24:56
accept the plea of guilty and find him guilty of count 3
25:00
possession of heroin a felony 3. I refer this for a pre sentence
25:03
report. Sentencing will be June 24 at
25:07
1:00 PM and. June 24th June. 24th, 1:00 PM.
25:12
The bond is continued. Anything else, Miss Naroda?
25:16
I'm. Sorry, did you said a pre
25:17
sentence investigation and did you say drug now pre pre
25:21
sentence? Pre sentence OK, nothing
25:24
further. Judge, Mr. Patterson, anything
25:25
further? No, thank you all.
25:27
Right, we're adjourned. It's TCF Live.
25:34
Nice to have you all here today to our new friends.
25:36
Good morning to you as well. Barbara, thanks for the $10
25:40
calls out. Todd says there's a late fee for
25:43
members only. The fee is $10.
25:45
I've got this one covered for you.
25:47
Todd immediately sasses back. Well, you've been laid a lot
25:51
lately. Did you pay your fee?
25:54
And then Barbara responded with five gifted memberships.
25:57
I'm assuming that was to cover her late fees.
25:59
And Wahoo, thank you for gifting a membership.
26:02
So I appreciate all of you so much.
26:04
Let's go, Judge McNally. Let's go there in your.
26:09
House in a fenced in the yard or on a leash or on a leash
26:14
accompanied by a suitable adult and equipped with a muzzle.
26:17
Do you understand it? Yeah, you did.
26:21
And this is the same dog, correct?
26:23
Do you have any other dogs? What kind of dog?
26:25
Do you have any dogs? Kimmy.
26:28
Cheryl. All right.
26:30
I'm going to. Give you both a personal bond,
26:32
$500. You cannot leave the state
26:34
without the consent of the court to violate a law.
26:36
You must appear in court as directed.
26:38
My court officers going to take the file to the prosecutor and
26:42
you can go out in the hallway and the prosecutor will call you
26:46
and as it meet this, she's ready.
26:48
OK. Any questions?
26:50
Either one of you, Ma'am. Ma'am, No.
26:53
OK. Good luck.
26:54
Thank you. All right, Board Taurus.
26:57
Brandon Johnson, 26B150198. Good morning, 82. 378 Mr.
27:06
Johnson. All right.
27:08
So we have a charge here, resist and obstruct.
27:11
As I understand it, he's going to plead guilty to that charge,
27:14
correct? Correct.
27:16
Under 7. 71 point. Right.
27:18
He's also going to plead guilty to the possession of a
27:20
controlled substance charge under 7411 and then the
27:24
prosecutor is going to do dismiss the expired plate.
27:27
True. Yeah.
27:28
Is that what you want to do? Have you plead guilty of the
27:31
possession of a controlled substance charge that is
27:34
punishable by up to $500 under local ordinance fines, 500 costs
27:40
90 days jail or all of those? The same holds true with regard
27:44
to the resistant hinder and obstruct charge.
27:46
I'm going to take the drug charge under 7411.
27:49
I'm going to take the resistant obstruct charge under 771.1.
27:54
I'll place you on probation after you come back for
27:57
sentencing. And if you're compliant at the
27:59
end of the probationary time, the case would be dismissed,
28:01
Both of them. Would you understand that, Sir?
28:03
Yes. So I'm essentially all right.
28:06
Did you sign, read and understand the advice of rights
28:08
form here today? Yes, Sir.
28:10
If you plead guilty, you'll be giving up all those rights and
28:13
we're not going to have a hearing or a trial.
28:14
Do you understand that? Yes, Sir.
28:16
All right. You still wish to plead guilty
28:19
to the charge? Resisting and obstruction
28:22
officer. How do you plead to the charge?
28:24
Possession of the controlled substance.
28:25
How do you plead? Were you in the Township of
28:29
Brownstown on February 1 of 26 at 1:57 in the morning on I-75
28:33
near Sibley? Yes.
28:36
And were you in possession of the controlled substance?
28:38
And if so, what? And help them What?
28:40
What kind of drug? Yes, there was two last.
28:44
Call them. All right.
28:45
You did not have a prescription for those?
28:48
Where were they? On your person, Yes.
28:52
In your pocket or what? Yes.
28:54
And what did you do to resist Tinner and a productive officer?
28:57
I didn't pull over until enough time.
28:59
I'm sorry. I didn't pull over enough time.
29:01
I see the officer. So the officer was following
29:05
you, his lights were oscillating, siren on, and you
29:08
didn't pull over? Yes.
29:09
Sir, it was 2:00. In the morning there was.
29:11
Police just flying. By me, I didn't know they just.
29:13
Pulled me over, I came up off my exit to go home and the officer
29:17
was still behind me and I pulled over and that's when they said I
29:21
would take too long to pull over.
29:23
Is that is that the reason they wrote him?
29:25
I'm. Sorry, I did.
29:26
I didn't. Hear you.
29:27
I'm sorry, I'm looking at this, says the officer attempted to
29:30
effectuate a traffic stop. The dependent continued
29:33
traveling South on I-75, Exited I-75, turned down the West,
29:38
found West road, continue to glue the through fairway.
29:41
Was the officer following you the whole time?
29:43
I'm not sure. Sorry.
29:44
Well, you make that sound like you didn't don't think you did
29:46
anything wrong. And if that's the case, that's
29:48
fine. I don't want you pleading guilty
29:50
to anything. Did you know the officer was
29:53
followed? Was was pursuing you?
29:56
And did you continue to flee and elude the officer in attention?
30:01
Yes, Sir. No, Sir.
30:03
OK, you can set up for We'll set it for trial.
30:07
You can have a seat and I'll we'll figure out when the trial
30:10
date's going to be. OK, Thank you.
30:12
Have a seat, Raymond Lawrence winner the 2nd Q6B15O596.
30:18
Your name, Raymond. Lawrence, you're charged.
30:20
With malicious destruction of property, you have the right to
30:23
an attorney. Would you like one?
30:24
Yes. All right, We're going to set
30:26
you up with a lawyer and we'll go from there.
30:29
OK. Defense lawyer.
30:31
All right. Detroit Disposal 26 UO 24-O58-A
30:37
and B&C. OK, good morning.
30:41
Good. Morning, Your Honor, George
30:42
Howell appearing on behalf of Detroit Disposal.
30:44
I have full authority from my client to resolve this matter on
30:47
their behalf. I have met with the Township
30:49
attorney and we have come to an agreement whereby on the wait
30:54
charge we'll pay a flat fines and costs of $1000 and in
30:59
exchange also dismissal of the two defective equipment charges.
31:04
OK. And you're authorizing that plea
31:06
on behalf of the defendant, true to overweight?
31:09
Yes, you're on to that. Charge of overweight violation
31:12
responsible or not responsible. Responsible, Your Honor.
31:15
OK, I'm. Going to accept your plea.
31:17
I'm going to go ahead and assess fines and costs on that of $1000
31:23
that they can pay by June the 20th.
31:26
And I'll go ahead and dismiss the other charge of overweight.
31:30
I'm sorry, defective equipment, both of those charges of
31:32
defective equipment as set forth in files B&C.
31:36
OK, have a great day. Thank you very much you.
31:39
Too. Thank you people.
31:41
Against Wadislavs Sire Chuck 26B15O8O8.
31:50
Good morning, Your Honor. For the record, Gregory
31:52
Slapolsky, P41341 appearing on his behalf.
31:55
Your Honor, have authority to plead responsible to one added
31:58
count of distracted driving local ordinance violation.
32:01
I asked the court to accept the plea and give my client 10 days
32:05
to pay fines and costs. What's?
32:07
He what's he do for a living? Is he a NASCAR driver?
32:11
Your honor, I appreciate the, the, the, the question.
32:15
I do not know. I saw the ticket.
32:16
I was puzzled. His parents are more than
32:19
puzzled. His parents are very upset.
32:20
So hopefully this was a learning experience for this young man.
32:24
He's 19 years old. Yeah, he's driving like a
32:26
maniac. 96 miles an hour to the charge of distracted driving.
32:31
Responsible or not responsible? Responsible, your honor, when
32:34
they're 19, they're they're not thinking straight so.
32:37
Accept the plea, dismiss the speeding on motion of the
32:41
prosecutor. 190 is going to be his total and he's going to pay
32:45
that by May the 27th. OK, 190 by May the 27th.
32:50
Got. It thank you so much your Honor,
32:51
have a. Good day.
32:52
You too, your honor. Okie, Dokie friends, good
32:54
morning once again. Let's go down to Florida.
32:59
Wade Mercer, say good morning there because you've been
33:01
charged, arrested for one kind of disorder, intoxication, and
33:04
one kind of resisting an officer with violence.
33:07
Mr. Dougal is here on your behalf.
33:09
I read the complaint. Mr. Dougal, any input?
33:13
Do you want me to be aware of, Sir or any argument, Judge?
33:16
I would question the probable cause because if you go through
33:19
it, the officers are there. Mr. Pandya is clearly the owner
33:24
of the hotel. He's clearly listed as being in
33:27
the office at that time. So I don't know how he would be
33:31
out among the public being able to, which is one of the
33:35
requirements of disorderly intox.
33:37
There's a presumption that he was intoxicated.
33:41
I have no idea if he's suffering from some other type of medical
33:47
problem during that time period that was never established and
33:52
then. It.
33:54
Leads from that to the resisting an officer with violence.
33:59
If Mr. Pandia, you know, once again, they keep saying that the
34:03
lobby's open to the public. If he's the owner, he has the
34:06
right to close that lock that at any time he wants.
34:11
And that appears to be from the complaint affidavit.
34:14
Of what he. It.
34:16
Did so. You know, I just questioned the
34:20
probable cause And then on the resisting with violence, just
34:24
because you stand there in AI guess offensive position, I
34:30
don't know if that makes the requirement of resisting with
34:32
violence. I don't believe there was
34:34
actually violence done in order to make it with violence.
34:39
At. That time.
34:41
And then same as two as if that was the case, you know?
34:45
You can, certainly. Resist an unlawful arrest if
34:49
they're not at that time. So that would be my arguments on
34:54
that. I know it's going to be brought
34:56
to your attention because Mr. Mitchell was nice enough, along
34:59
with Mr. McDaniel, to let me know that Mister Pandya had been
35:02
arrested. So I'm just kind of here as a
35:05
courtesy to Mr. Pandya and. To the.
35:09
Court, just because I do represent Mr. Pandya on a
35:12
pending DUI case, I know that will be brought and I know Your
35:15
Honor probably is already aware of that.
35:18
So I would ask the court take. That into consideration too
35:20
because I know the court's normal policy would be to revoke
35:24
the bond on the DUI case and I would ask the court to take the
35:31
lack of probable cause on these new charges and not do that on
35:35
Mr. Pandy's behalf Thank you Mr. Doug well thank you for being
35:39
here on behalf of your client in your client in the misdemeanor
35:42
case Mr. Mitchell. Yes, your Honor, I'll start with
35:46
as it goes to the disorderly intoxication, I'm looking at the
35:49
jury instruction when it comes to that follows the statute when
35:53
it comes to that it. Says in this.
35:55
Situation statements only prove the following two elements
35:58
beyond a reasonable doubt. 1 The defendant was intoxicated and he
36:03
or she endangered the safety of another person or property in
36:07
this situation. There's allegations that Mister
36:10
Pandya was intoxicated based on the indicators and that he was
36:15
actually trying to get into room 215 where there were actually
36:19
people in that room that law enforcement collected statements
36:23
from that. And even if he may own the
36:26
hotel, he has no right to go into the room unless.
36:31
Well. Unless there's like extenuating
36:33
circumstances when it comes to that, people would have like,
36:36
the reasonable sense of privacy when it comes to their own hotel
36:42
room. And the other part of it says
36:45
the defendant wasn't toxic or drank any alcoholic beverage.
36:48
In. A public place in or upon a
36:51
public conveyance and he caused a public disturbance.
36:55
The complaint alleges that Mister Pandya was.
36:59
Being. Very loud, he was standing up,
37:03
exposing his genitals with his pants around his ankles while he
37:08
was experienced while he was showing all these signs of
37:11
intoxication Additionally, As for the resisting part, he.
37:20
Was. Actually, he was actually
37:23
standing inside the doorway and holding the front door shut in
37:27
an attempt to prevent law law enforcement from entering the
37:31
public accessible lobby and then.
37:35
That's. When they got in and started,
37:38
you know, he started gesturing and throwing his piss up in a
37:41
bald manner. We would contend that there is
37:44
probable cause for the charges here and as a result, well, and
37:49
there's also. Signs.
37:52
Showing that he violated condition of his bond in the DUI
37:55
case, which was no alcohol. I believe based on the
37:58
circumstantial evidence here, he was under the influence of
38:01
alcohol. So given all that, we would say
38:04
ask the court to find probable cause and move to revoke his
38:08
bond IN261-O8. CT is that what you say?
38:12
One O 3 CT OK, so I rather complain a couple times.
38:16
I think Mr. Doug will make some excellent points.
38:18
I'm I don't disagree with Mr. I don't disagree.
38:21
I think he probably can close the lobby anytime he wants.
38:23
And I'm not sure that anything in the lobby would amount to
38:25
disorder intoxication. The problem is from my
38:28
perspective, the part of the complaint that says that causing
38:33
a disturbance on the balcony area and disturbing the peace
38:36
and quiet of the motel guest that was according to a guest
38:39
that is probable cause for disorder intoxication.
38:43
And this resisting with violence statute says resist with
38:47
violence or offering a threatening to do violence.
38:49
That's probable cause for that charge based upon the finding
38:51
sense I'm not. That doesn't mean they can
38:53
prosecute you for that to say to make that call.
38:55
But for probable cause purposes, threatening to do violence does
38:58
meet the definition of the statute.
38:59
So I'm going to set your bond in the two new charges at $5000 on
39:03
the disorder intoxication, $10,000 on the resisting.
39:06
I am revoking your bond. You're out on bond.
39:08
You have a condition, no alcohol.
39:10
I'm revoking that bond in case number 26, one O 3 CT.
39:15
You've got no bond in that case. So Mr. Panja, even though you
39:19
have a bond set in the new charges or no point trying to
39:22
post it, you're not going anywhere because you're out on
39:24
bond. You have been arrested with new
39:26
charges. There's probable cause and you
39:28
have a condition not a possessor consume alcohol.
39:31
So I'm going to ask the state to give me an order revoking his
39:33
bond for there's probable cause to believe both of those, the
39:35
new charge and the possession or consumption of alcohol.
39:39
Mr. Panja, where that leaves you, Sir, as you've got a court
39:41
date coming up with Mr. Dougal, that court date will stay the
39:44
same unless Mr. Dougal and the state agree to a different court
39:46
date. You also will now get a separate
39:49
court date for felony case that you've not hired Mr. Dougal in
39:53
yet. Should you hire Mr. Dougal in
39:55
that case? This court date may change.
39:57
I'm going to ask the state, excuse me, the jail to give you
39:59
the court date notice for right now, which is June the 2nd.
40:03
At 8:30 again, if you hire Mr. Douglas in the new case or if
40:06
you hire any attorney, that court date may change.
40:09
But right now that's going to be your court date.
40:11
Mr. Douglas, thank you again for appearing.
40:13
And anything else from your perspective today, Sir?
40:16
Judge, I would ask one question. You know, Mr. Pandya did have a
40:20
offer on the DUI case that consistent.
40:24
I wouldn't accept the probation. I wouldn't accept the probation
40:27
offer given the at this point. I'm not saying I wouldn't accept
40:30
it a week from now, but today I would not accept the probation
40:33
offer just to I wouldn't accept that.
40:37
I think that's that would that wouldn't be appropriate.
40:39
But I'm not saying I wouldn't accept probation at all.
40:41
Only get the same time to look at it.
40:42
I think there's a good chance this comes back and becomes
40:44
resisting without and this Oriental and we can resolve
40:48
everything at one time. Mr. Dougal So a week from now it
40:52
might be a probation off on everything, but I've got to give
40:54
the state time to look at that new charge.
40:55
I I think you're make some excellent points.
40:57
It's not your traditional resisting with violence, even
40:59
though I think it may meet the statutory definition for
41:01
probable cause. So Mr. Pangea, Mr. Mr. Douglas
41:04
going to do what he can to try to see if he can get that case,
41:06
move the misdemeanor court and try to resolve everything at one
41:08
time. I don't want to, I don't want to
41:10
plea. Take the probation plea that was
41:11
offered to you and then the state transferred this new cases
41:15
to a misdemeanor. And then I'd rather.
41:17
Just wait and wrap everything up at one time.
41:18
And plus, I don't have a problem at all with you being in jail
41:20
based upon the complaint I've read.
41:22
Mr. Dougal. Anything else today, Sir?
41:25
No, judge. I think I've.
41:26
I've put everything I could on the record.
41:28
I think you've done a great job. Thank you for being here.
41:30
I think our clerk has a question.
41:31
Yes, ma'am, it'll stay the same unless Mr. Dougal moves it to a
41:37
different day. So once Mr. Dougal speaks with
41:39
Mr. Mitchell about what's going to happen with the new case, I
41:43
might see him next week. Actually I won't see him next
41:45
week because I won't be here, but I may see him the week after
41:47
next to to resolve everything if the state decides to handle the
41:51
new charges as a misdemeanor. That.
41:55
Thank you for pointing that out. So if the court date stays the
41:58
same as what you've already got him set for, Mr. Dougal, we need
42:00
to be know that he we've got to connect to the jail on that
42:03
event. So please let the clerk's office
42:05
know if you're not going to move it up.
42:07
And I don't think you can really make that call until you see
42:09
what Mr. Mitchell's office does. But I will try to talk to Mr.
42:13
Mitchell. And just to be clear, Mr.
42:17
Pandya, just to be clear, I think Mr. Douglas argument, I
42:21
think he's got an excellent argument that you don't have a
42:22
disorder intoxication case inside that office because even
42:26
though it may typically be open to the public, as Mr. Dougl
42:29
argued, I don't not aware of any reason you can't lock that door
42:32
anytime you wish. A lot of hotels that are run by
42:36
one person, they may go to the restroom and lock the door and
42:39
come back out from the restroom and unlock the door.
42:41
I think that's a pretty good argument.
42:43
The problem is the stuff that allegedly happened on the
42:45
balcony. That's why I'm doing what I'm
42:47
doing today. But thanks again, Mr. Dougal.
42:50
Thank you, your Honor. Thank.
42:53
You. Have a good day, Mr. Thank you.
42:57
We do have one more person that has friends or family here today
43:00
and that is Mr. Johnson. Marcus Johnson.
43:06
Thank you, Your honor. You have a good day.
43:08
Take take care. Mr. Dougl.
43:10
I'll be in touch with you, James.
43:12
Mr. Johnson, Good morning. And and if y'all work something
43:14
out, I'll be here the week after next.
43:18
Mr. Johnson, you're here because you've been accused of 1 count
43:20
of possession of cannabis with intent to distribute, possession
43:23
of marijuana over 20 grams and 3rd charge possession of drug
43:26
paraphernalia. Your grandmother and your auntie
43:29
are in the courtroom this morning.
43:30
Mr. Johnson. I've read the complaint.
43:32
There is probable cause of also literature criminal history,
43:35
which only showed one charge of possession of firearm on school
43:39
property on the school trip and that case was dismissed last
43:43
year. That's the only thing I see.
43:45
So I'm going to listen to the attorneys and I'm going to
43:47
address your bond status. Mr. McDaniel, anything on behalf
43:49
of Mr. Johnson? No, you don't.
43:52
Mr. Mitchell, we just request that you be subject to random
43:55
UA's. Mr. Johnson, I'm going to set
43:57
you the normal bond I would set for these charges.
43:59
Your bonds, $5000 on your two third degree felonies, $2500 on
44:03
the misdemeanor. Your total bond is $12,500 cash
44:06
or surety. You do have a condition of
44:09
random your analysis as part of your bond.
44:11
Mr. McDaniel. I was kind on the fence on a
44:14
conditional lease offer or not. I decided not to offer
44:17
conditional lease primarily because that what 2 reasons?
44:20
Prior arrest is concerning, but it was dismissed.
44:23
But the other reason is the sheet I've got from the jail
44:25
says he's 20 years old with no job.
44:28
So let me verify that. Mister Johnson, are you employed
44:31
anywhere? No, Sir.
44:33
I go to Chipola forwarder. OK, that's good.
44:36
I didn't know that you got full time.
44:38
You got Mr. McDaniel. Go ahead.
44:40
I was going to say John, he was pretty honest in it.
44:42
And I, you know, I don't want to call him out here in front of
44:44
everybody, but he's pretty honest and pretty, you know?
44:47
Acting at. Least that he was ready.
44:51
They got called I suspect. You know, but he.
44:53
Was pretty honest about. It Mr. McDaniel, the last time
44:55
when he had him last year, he was set a cash bond.
44:58
Is he asking for a cash bond alternative in this case, Mr.
45:03
Mitchell, on the objection to a cash bond?
45:04
No objection. So the equivalent of a cash bond
45:06
for that particular bond would be go back to my notes 250 I
45:10
think. Yeah, $12150 cash.
45:13
So, so ladies, he's going to have a cash bond just like you
45:16
had last year. That case was dismissed, but his
45:19
cash bond is $12150 just like last time.
45:23
If this case were is dismissed that 12:50 will be returned to
45:26
whoever posted it. If this case is not dismissed
45:29
and there's court costs and fines ever imposed, then that
45:32
1250 is taken and put towards court costs and fines under
45:34
Florida law. So instead of having to go
45:36
through a bondsman is bond is $12150 cash, he's got a
45:41
condition of random urinalysis and the judge will give you a
45:43
notice for his court date which will be June 2nd.
45:46
June 2nd at 8:30 will be his court date in front of Judge
45:49
Garcia. Do you ladies have any
45:51
questions? Instead of cash.
45:59
Any other? Questions.
46:00
Mr. Johnson, do you have any questions?
46:02
No, Sir. Mr. Mr. Johnson, wish you wish
46:04
you the best. Yes, Sir.
46:06
Thank you, ladies, for coming. That's it for friends or family,
46:11
Mr. McDaniel. So we can go back to the next on
46:13
the list, which is Willie Mack. Mack.
46:19
Good morning. Mr. Mack, You're here because
46:20
you've been accused of one kind of fraud.
46:22
Race your motor vehicle. Mr. Mack, there is probable
46:25
cause for the charge, and I'm going to appoint the publishers
46:28
office to represent you. Mr. Mack, please listen to Mr.
46:30
McDaniel. Your turn.
46:32
You all right? I spoke.
46:32
To Mr. Mack, no contest or charges listed. 10 days in the
46:35
county jail, $400.00 fine one day jail credit.
46:37
Did you say guilty? That will resolve this.
46:39
Case. Today is waived to drop.
46:41
The jury trial and call witness. Mr. Mitchell, is that agreeable
46:43
with the state? It is Your honor.
46:45
Mr. Mack, did you hear that agreement, Sir?
46:47
Yes, Mr. Mack, do. You have any questions about
46:50
that agreement? No.
46:53
I don't think so. And Sir, is that the plea you
46:55
would like to enter? At.
46:58
This time. Yes.
47:00
Mr. Mack, I would accept your believe no excuse me no contest
47:04
fund to register a motor vehicle and driving it on the roads.
47:07
I'm going to adjudicate you good at that offense and it should
47:10
attend days in jail give you credit for one day the shift
47:12
serve. I'm imposing the court costs and
47:14
fines of $400.00 and they'll be reduced to a civil judgement if
47:18
you don't get them worked out. Mr. Mack, I pulled your driving
47:20
record because and when we had you last year, it was habitual
47:25
driving license suspended or something.
47:26
I just want you to be aware there's a pending suspension
47:28
that's in there. You have about a license now,
47:31
but according to the driving record, the state of Florida has
47:34
notified you that you have a suspension that's about to take
47:36
place and has something to do with insurance.
47:38
So when you get out, make sure you got your driver's license
47:41
straightened out before you drive anymore.
47:42
I'm very pleased to see that you got them back after your last
47:46
court date, but you're about to lose them again, so make sure
47:49
you you take care of that when you get out before you drive.
47:52
Mr. Mack, do you have any questions?
47:56
Was. My motorhome told I.
47:59
Was there driving their home for you?
48:01
You know, I want to find out what it was.
48:03
Told to you I talked to. The Sheriff's Office, Yeah.
48:05
Whoever whoever did, let's see if there was sheriff's
48:07
permutation. If it was FHPI, think this might
48:09
have been FHP case? Yeah, it was Florida High Patrol
48:12
that did the crass investigation.
48:14
So that's who you would contact. You or your friends or family
48:16
would contact Florida High Patrol to find out, to answer
48:18
that question. That's that.
48:19
The complaint doesn't tell us that.
48:23
Wish you the best, Mr. Mack. We have Todd Clark next.
48:27
You think sometimes they give you a toe slip?
48:29
I didn't know that. Mister Clark.
48:31
Good morning, Mr. Clark. You're here for first
48:33
appearance. Accused of four counts of felony
48:35
petty theft. Mr. Clark.
48:37
There is probable cause for these four charges.
48:39
Mr. McDaniel and Mr. Mitchell. The information has been filed
48:43
by the state. The information adds 1/5 charge
48:47
of organized scheme to defraud. I just saw that I contacted the
48:50
clerk's office this morning and asked if because normally when
48:53
that when that information is filed, the state that the clerk
48:57
will issue a warrant on that fifth charge.
48:58
And I wanted to make sure there wasn't going to be a warrant
49:00
issued later because I want to go in first, appear on
49:03
everything while I can. And they checked with Mr. Gill
49:07
and then they notified me and said the state was not
49:09
requesting an additional warrant.
49:10
They felt like the bond on these 4 was going to be sufficient to
49:14
ensure his appearance at court. So you've got 5 charges been
49:17
filed against you, but only four of them were on the warrant that
49:21
that was before the state actually filed the information.
49:24
So I'm going to go ahead and set you a bond in these four cases.
49:26
Mr. McDaniel, anything on behalf of Mr. Clark?
49:30
Judge just said, you know, he's probably not working right now,
49:32
but he's got advanced throat cancer and I think he's trying
49:35
to look for some treatment options now.
49:37
So you know I. Want to see?
49:38
What happens? I don't know.
49:40
I don't know if you can post a bond.
49:41
I. I have but.
49:45
That's all right. Thank.
49:47
You and Mr. Mitchell, is he going to have the state?
49:49
No, Your Honor. Mr. Park, you have a very
49:51
extensive criminal history and I mean very extensive.
49:53
Your bonds going to be $5000 each on these four charges.
49:56
Your bond today is $20,000 cash or sure.
49:59
Do you have a condition to have no contact with any Walmart
50:02
after today until this case is over with?
50:04
So Mr. Clark, you'll get to use the phone in a few minutes or to
50:06
try to post that bond. If you post it, you'll be
50:08
released. If you're not able to post the
50:10
bond, Mr. Clark, then the public finance office will be in
50:13
contact with you at the jail. The jail will give you a notice
50:15
for your court date which should be June 2nd at 8:30.
50:19
Mr. Clark, do you have any questions?
50:22
So it's. OK.
50:28
The next case is David Moore. Mr. Moore, Good morning.
50:34
Mr. Moore. You're here because you've been
50:35
accused of 1 count of driving on the influence, one count of
50:37
rolling to race your motor vehicle and one count of
50:40
attaching a license plate not assigned to motor vehicle.
50:43
There is probable cause for these charges and I'm appointing
50:46
the public office to represent you for first appearance
50:48
purposes. Please listen to Mr. McDaniel.
50:52
John, we just asked for a bond. He does work on the offshore
50:56
boats and you know, so he's working.
50:58
We just asked for he's got a bond.
51:02
So under employment on the jail sheet, the pretrial release
51:06
sheet is just left blank. So tell me about your your job,
51:10
Mr. Moore. Where do you work at and how
51:11
long have you been there? I work on a long line commercial
51:14
fishing boat. I've been there about four
51:15
months for jerk seafood out of Orange Port, Florida.
51:19
Do you have any charges pending anywhere?
51:22
No, Sir, I did. I just got out of prison to
51:25
about a year ago. OK.
51:27
You're not on any probation, correct?
51:29
No, Sir, nothing. OK.
51:31
I think you're entitled to a bond, Mr. Mitchell.
51:33
Anything from the state. We just request that he not
51:35
possess or consume any alcohol while I'm bond.
51:38
Thank you. Mr. Moore.
51:40
The speed you're allegedly going at while you are on the
51:42
influence to the extension normal factories were impaired
51:46
allegedly was 116 mph. Your bonds can be $5000 cash or
51:51
surety on the DUI, $2500 on the other charges.
51:54
Your total bond is $10,000. Total.
51:57
Cash or surety, you do have a condition not to possess or
52:00
consume alcoholic beverages while you're while this case is
52:04
pending. So you'll get a chance to use
52:06
the phone in just a few minutes, Sir, to try to post the bond.
52:08
You post it, you'll be released. If you don't post it, we'll see
52:12
it on upcoming jail arraignment docket.
52:14
Your court date if you do post bond will be June 1st at 9:00
52:19
AM. The jail will give you a notice
52:21
for that day. If you if you don't post bond,
52:23
we'll see a few days after that. You have any questions, Mr.
52:26
Moore? No, Sir, isn't it?
52:28
Have a good day, Sir. After Mr. Moore, we have Leonard
52:32
Lunsford. Mr. Lunsford.
52:35
Good morning. Miss Lunsford.
52:36
You're here because you've been accused of 1 count of driving
52:38
license suspended or revoked knowingly.
52:41
Mr. Lunsford, there is probable cause for this charge.
52:44
I've also looked at your criminal and your driving
52:46
history. So your criminal history is not
52:47
bad. Your driving history is.
52:49
I'm going to appoint the public office to represent you and ask
52:52
if you listen to Mr. McDaniel and he's going to tell me where
52:54
we need to go from here. Mr. McDaniel Oh, yeah, we just
52:57
asked for a bond. Mr. Mitchell State, Your Honor,
53:02
Mr. Lunsford almost set you the normal bond I would set for this
53:04
charge, which is $2500 cash or surety.
53:07
You've got a condition not to drive a motor vehicle without a
53:09
license. If you get your license issue
53:11
straightened out, you drive all you want if you can afford the
53:13
gas. But I know I.
53:15
I stay at home a lot nowadays, but Mr. Lunsford, if you, if
53:19
you, if you get caught driving without a license, Sir, that
53:22
will violate your, your bond. So make sure you don't do that.
53:25
You'll get a chance to use the phone in a few minutes to try to
53:27
post the bomb, Mr. Lunsford. And the jail will give you a
53:30
notice for your court date, which should be June 1st at 9:00
53:33
AM. Mr. Lunsford, any questions?
53:35
No. Wish you the best, Sir.
53:38
Thank you. Yes, Sir.
53:45
Mr. McDaniel, I think Mr. Mitchell has one thing and I've
53:48
not got one statue I want to talk to you about.
53:53
But as far as anything on the record, Mitch McDaniel, anything
53:56
else on behalf of the Public Center's office, there you are.
53:59
And Corporal, anything else in the jail today?
54:02
No, Sir. Officer Whiterson, thank you.
54:05
And Mr. Mitchell, anything from the state?
54:07
Nothing as it pertains to perseverances.
54:09
So, ladies and gentlemen, all righty, friends.
54:12
That brings his docket to a close.
54:14
Good morning once again, Hour one pretty much in the books for
54:17
TCF Live on this lovely Wednesday.
54:22
They're going to take us up to Michigan.
54:23
Judge Simpson. I'm going to step out of the
54:25
studio for a couple of minutes and grab some breakfast.
54:30
Grandma. TCF made wonderful blueberry
54:32
muffins yesterday, and Ellie kept me so busy this morning I
54:35
never got to eat breakfast. So I'm going to go warm up one
54:38
or two of those and I'll be right back with you shortly.
54:41
But in the meantime, here's some Judge Simpson for you.
54:43
Don't buy with me. This box with something tender
54:47
matters, however one that's lively moving in the court for
54:52
each part also does not believe there's a conflict either in the
54:54
Michigan court rules. Other cases decided they're
54:56
under to the extent of conflict does exist.
54:58
Given the waivers, the court will consent to hear the
55:00
matters. Court does call the case of the
55:03
people of the State of Michigan versus Julia Blevins when you
55:07
honor Reagan Cook for the people.
55:09
Charolyn. Foster Talker on behalf of Julia
55:11
Blevins. Your name?
55:13
Julia. Blevins.
55:14
I had. Before me a plea form that
55:15
indicates that the defendant will be pleading as charged to
55:19
retail fraud second degree the one year upon her successful
55:24
plea while she's agreeing not, I think I'm up a line.
55:29
You're. Not agreeing to dismiss
55:30
anything. The defendant is agreeing to
55:34
$789.74 restitution. Is that right?
55:38
Yes, Your honor. All right.
55:40
And also, there's a sentence agreement to a prosecutor's
55:44
deferred sentence. That's correct, yes.
55:47
Your. Honor, where we got what did I
55:50
drink? Outsole signature.
55:52
Sorry. No, it's Mr. Cook's all.
55:54
Is that yours? I.
55:58
Pick a person. Each day I'm going to blame for
56:00
everything. All.
56:03
Right. May I have her sworn?
56:06
Testimony. You're about to give would be
56:08
the truth, the whole truth, and nothing but the truth.
56:10
To help you God, I do state your name, please.
56:14
Here, it is this court's understanding that you're going
56:16
to plead guilty to the charge of retail fraud in the second
56:19
degree. That is a misdemeanor punishable
56:21
by up to one year incarceration, $2000 fine plus court cost.
56:25
A fine could be increased to three times the value of the
56:27
property taken. If that's greater than $2000,
56:30
that would become the maximum fine.
56:31
Do you understand that? Yes.
56:34
Still wish to plead guilty? Yes.
56:36
And to that charge, how do you plead guilty?
56:38
Now you understand it by pleading guilty, you'll not have
56:40
a trial of any kind, Yes. You.
56:42
Signed an advice of rights form, is that correct?
56:45
Any question regarding those rights, please look at paragraph
56:48
5. You'll see a copy on the podium.
56:50
Those are your rights at your court of a trial.
56:51
You understand it by pleading guilty of giving up those rights
56:54
as well as all the rights on that form, yes.
56:56
You understand you're giving up your right to appeal of right?
56:59
Yes. Are you on probation or cruel?
57:01
Has anybody promised you anything other than what's been
57:04
stated here today on the record to get you to plead?
57:05
No Anybody threaten your coercion?
57:09
No, you're doing this voluntarily and of your own free
57:11
will. Yes, and also because you
57:13
believe that you are indeed guilty of this offense.
57:16
Yes, on December 24th, 2025 at the location of 3145 Annivers
57:22
Lane Rd., Pittsfield Township, Washer County, State of
57:25
Michigan. What?
57:26
Did you do at Meijer that makes you think that you're guilty?
57:32
I love it like items into a cart and I walked out past point of
57:36
you put. Merchandise in your cart and
57:38
tried to walk out of the store without paying.
57:40
I did walk out, yeah. Pardon.
57:42
Yes. I did walk out.
57:43
OK. You did walk out of the store,
57:45
all right. And your intent was to steal
57:47
that property. Yes, store.
57:50
Was open to the public at the time.
57:51
Sorry. What was the store open to the
57:53
public at the time? Do you have anybody's permission
57:56
to take that property? No.
57:58
And this property you took was the property that was offered
58:00
for Sale by Meijer? No.
58:01
I mean, yes. Was the aggregate amount or the
58:05
total amount of the property in excess of $200?
58:09
Yes. Yes.
58:11
All right, ma'am, I do have to apprise you that if between the
58:15
time of my acceptance of your plan, the time of sentencing, if
58:18
you commit misconduct as defined by the Michigan court rules, you
58:21
would not be entitled to withdraw your plea and the court
58:24
would not be bound by any sentence evaluation or
58:26
recommendation. Do you understand that?
58:28
Yes, Council, are you aware of any promises, threats or other
58:32
inducements which have led to this plea, Some of these people?
58:34
No. Your Honor.
58:35
And have I complied with the court rule?
58:37
Yes, Your Honor, Yes. Your Honor or?
58:39
We'll accept the defendant's plea of guilty to this charge.
58:42
Stage 20. All right.
58:44
Yes, defending. Is referred.
58:46
To. Probation for a pre sentence
58:48
investigation and report sentencing in this matter will
58:52
be. 12. June. 24th 2020 six 12 noon on
58:59
will continue. Ma'am, stop down in my probation
59:01
department on your way out and schedule your appointment.
59:05
All right, thank you. Court calls the case people
59:07
versus Russell Norvell. Morning, Your honor.
59:10
Raymond Cook for the people. Carolyn Foster Tucker on behalf
59:13
of Russell Norvell. Your name, Sir?
59:18
Russell. Norvell.
59:20
Your. Honor, I have been speaking with
59:22
Mr. Cook. We would just be asking for one
59:24
more adjournment. Mr. Norvell and I have just been
59:27
going over discovery and we're trying to figure out a
59:29
resolution. The.
59:31
Last adjournment on this matter June 3rd.
59:35
Adjourn the matter June 3rd, 2026, 9:00 AM.
59:38
Bound to continue. That's an in person hearing.
59:42
Your Honor, thank. You court calls case of the
59:44
People versus Jacob Simmons. Carolyn Foster Tucker on behalf
59:49
of Jacob Simmons, Carolyn. Foster Tucker Allen.
59:52
Your name? Sir?
59:54
Jacob Simmons. All right.
59:56
And. Your Honor, we would also be
59:57
requesting an adjournment in this case.
59:58
I've been speaking with Mr. Cook and we're trying to resolve the
1:00:01
case. June 3rd, 2026, 9:00 AM in
1:00:06
person. On.
1:00:07
Continue. Thank you.
1:00:09
Thank you. Very poor coast case people
1:00:11
versus Carla Bristow. Good morning, Your honor.
1:00:15
Alexander Hermanowski with and on behalf Carla Bristow, who's
1:00:18
appearing by Zoom. Carla, please state your name
1:00:20
for the record. Carla Bristow all.
1:00:23
Right, Your Honor, on this time and date set, go ahead the time.
1:00:28
This is time and date set. Time and date set for pre trial.
1:00:32
I just got in contact with Miss Bristow this morning.
1:00:35
I was appointed on this. Case.
1:00:37
Earlier this week and she does not have discovery packet yet.
1:00:42
So we're going to be asking for an adjournment.
1:00:44
So she has a chance to review that as well as giving me an
1:00:47
opportunity to try to figure something out in this case for a
1:00:50
resolution. So we're asking for a brief
1:00:52
adjournment. I had.
1:00:54
Before me a forum is that I believe on the public defender
1:00:58
in this case there was going to be a plea.
1:00:59
I got it. There was another pending case
1:01:02
that may impact that. That case and review charges
1:01:05
were declined on that case. So.
1:01:09
Mr. Hermanowski hasn't seen everything correct.
1:01:12
All right, I'll join the matter. June 3rd, 2026, 9:00 AM.
1:01:17
Thank. You, Your honor.
1:01:19
All right. Thank you.
1:01:20
Bonds will continue back in the studio, my friends, if you can
1:01:24
see down in the lower left corner, this is my breakfast. 2
1:01:28
blueberry muffins cut in half, warmed up, buttered.
1:01:31
Yummy. Thank you, Grandma.
1:01:32
TCF. Let's get back to court.
1:01:35
Brooks. They're not here.
1:01:37
You're on a. I texted numbers from the pre
1:01:41
sentence report because he was being sentenced before Judge
1:01:46
Conlan and I represent him on 2 probation violations there.
1:01:51
But I also talked to his lawyer on one of his cases before Judge
1:01:56
Conlon, Miss Maribel, and she's supposed to send me OK.
1:02:01
She did just now send me a number for his mom, so I'll try
1:02:05
and call his mom. Thank you for calls.
1:02:07
The case people versus Rebecca Bryson.
1:02:09
Morning, Your honorable to the people.
1:02:11
Hi. Bridal on behalf of Rebecca
1:02:13
Bryson, your. Honor, good morning, Dan
1:02:15
Garrett. We filed A substitution listing
1:02:18
the public defenders exactly two attorneys, one case.
1:02:24
Miss Bryson, can you unmute and identify yourself?
1:02:26
Yes, I just did that. You are As indicated, We filed A
1:02:29
substitution. We did it with the public
1:02:30
defender's office, unaware that Mister Burdell had been
1:02:32
appointed. We filed another one this
1:02:34
morning. Got it.
1:02:35
They'll signature on it. OK.
1:02:37
All right. What are we doing?
1:02:38
I'm asking for final settlement conference, please.
1:02:40
And no objection to the Mr. Garren's motion, of course.
1:02:44
Jerry Final Settlement Conferences 5th and A Yes.
1:02:48
June 5th, 2026, 9:00 AM. Jury.
1:02:52
Selection if necessary. June 2, 1026 8:30 Both of those
1:02:58
proceedings are in person. Thanks BAR.
1:03:01
Thank you, Bob. Continue court calls case versus
1:03:04
Naval Krieger. Good morning on our Christina
1:03:10
Saxon. Christina for the court, please.
1:03:16
Yeah. And I'm asking for an
1:03:17
adjournment. The PDS or I'm sorry,
1:03:20
prosecutor's office was able to just send me.
1:03:22
Some. Additional discovery a few
1:03:24
minutes ago. During the matter June 3rd,
1:03:27
2026, 9:00 AM. Bond continue.
1:03:31
Thank you. Yeah.
1:03:32
Thank you Court House case people versus Franklin McDonald
1:03:35
morning your. Honor Raven Cook with people.
1:03:37
Good morning. How about you?
1:03:38
It's on behalf of Mr. McDonald, who's approaching the court.
1:03:42
State your name Franklin McDonald.
1:03:45
Thank you. Can we get a final settlement
1:03:46
conference, Dave? Absolutely, Jerry.
1:03:49
Final settlement conference will be set for June 5th, 2026 9:00
1:03:53
AM. Jury selection if necessary June
1:03:56
8th, 2026 8:30 Both of those proceedings are in person.
1:04:02
Thank your honor. Thank you for calls the case
1:04:05
people versus Gregory Peterson when your honor Ray people.
1:04:10
Good morning your honor. I'm Thompson appearing on behalf
1:04:12
of Gregory Peterson. Gregory, could you state your
1:04:14
name for the record? Greg Peterson Your Honor Tuesday
1:04:17
time set for arraignment pretrial.
1:04:19
We waive reading stand mute to the charges and every way former
1:04:22
reading standing for shipped court will enter a not guilty
1:04:24
plea. Governor, I have had a chance to
1:04:27
speak to the prosecutor in this matter.
1:04:28
We would ask for a first and very likely last adjournment.
1:04:33
I think we're close to work in this case on have received
1:04:35
discovery yesterday from the prosecutor.
1:04:37
Haven't had a chance. To go over it myself.
1:04:39
And with my client, June 3rd would work for you.
1:04:42
June 3rd would work herder the 17th whichever the third would
1:04:46
be great Judge during the matter.
1:04:48
June 3rd, 2026 9:00 AM. And also I so that councils are
1:04:54
where normally the civil infraction would have gone
1:04:57
before Judge Barr. I take it the civil infraction
1:05:02
for convenience sake. And thank you, Judge.
1:05:05
And so I'll adjourn that also to June 3rd, 2026 at 9:00 AM As the
1:05:11
defendants found in this case, Sarah, I'll just set your body
1:05:14
to $5000 personal with cognizance fund standard
1:05:17
conditions including no assault behavior, possession, weapons
1:05:21
and or firearms, no alcohol, recreational marijuana or any
1:05:24
illegal drug. All right, thank you.
1:05:27
Thank you, judge. It's a For Cause case.
1:05:30
People versus Marita Bryant. Yes, yeah, I know.
1:05:36
It's just a public plan. Bulkovich, behalf of Miss Blind,
1:05:38
who should be appearing via Zoom.
1:05:40
I am here trying to figure out how I get my camera.
1:05:43
Sorry. OK here we are.
1:05:46
OK. State your name please, Kirita.
1:05:49
Bryant. Thank you.
1:05:52
Yeah, and. I'll be requesting.
1:05:53
Adjournment Mr. Cook indicated that he has a media discovery.
1:05:56
He just needs to fill out a media notice and get over to my
1:05:58
office there. 2020 six 9:00 AM. About and continue.
1:06:03
Thank you, Miss Bryant. Thank you Honor Court House case
1:06:07
people versus Aaron Burroughs. Ron.
1:06:10
Brown, on behalf of Aaron Burroughs, see you here.
1:06:14
Yes. I am, Sir.
1:06:15
All right, state your name Aaron Burroughs.
1:06:19
All right, I'm requesting adjournment, Your Honor, during
1:06:22
the matter, June 3rd, 2026, 9:00 AM.
1:06:24
Plan to continue. Thank.
1:06:26
You. Thank you, Sir.
1:06:29
Court House case people versus Paris Callaway.
1:06:31
Your Honor, Raymond Cook from the people, Ron Brown appearing
1:06:33
on behalf Terrace. Calloway.
1:06:35
Good morning, Paris Calloway. All right, what are we doing?
1:06:38
I'm requesting a German an adjournment after June 4th.
1:06:41
He has a hearing on June 4th, which may give us a direction in
1:06:45
this case. He has a hearing with D Ladd
1:06:48
17th. Yes.
1:06:50
Turn the matter June 17th, 2026, 9:00 AM on continue.
1:06:56
Thank you. Thank you.
1:06:57
You do the same court calls case people versus Nicole Coleman,
1:07:01
Your honor, for the people. Coleman, Nicole.
1:07:05
Coleman, I'm here. Nicole Coleman, thank.
1:07:08
You, Mr. Connor. Assistant.
1:07:10
Public Defendant Nick Buckovich on behalf of Miss Coleman, I
1:07:13
believe Miss Coleman will be working with our mitigation
1:07:14
team, so I'll be requesting an adjournment for that to be done
1:07:17
during the matter. June 17th, 2026, 9:00 AM.
1:07:20
Fine, continue. Thank you, ma'am.
1:07:22
Thank. You for.
1:07:23
Close case people versus Bryan Cowler and assistant public
1:07:28
defender Nicholas Bukovich on behalf of Mr. Culver, who should
1:07:30
be appearing via Zoom. Sir, yes, state your name Brian
1:07:36
Culver. I'll be forming A plea form.
1:07:38
Is that what we're doing? That is correct.
1:07:39
The honor plea form indicates that he's going to plea to
1:07:42
retail fraud third degree the 93 day which is as charge.
1:07:47
The defendant is agreeing to pay $25.61 restitution and the
1:07:53
sentence agreement of the prosecutors deferred.
1:07:55
That's the first full understanding.
1:07:57
That's correct, Your Honor. That's correct, Your Honor.
1:08:00
Sir, could you please raise your right hand?
1:08:02
Do you solemnly swear or affirm? Testimony you're about to give
1:08:05
will be the truth. Hold truth.
1:08:06
Nothing but the truth. So help you God.
1:08:08
Yes. All right.
1:08:09
State your name again, please. Brian Culver.
1:08:12
Sir, it is this court's understanding you're going to
1:08:14
plead no contest to the charge of retail fraud, third degree.
1:08:18
That is a misdemeanor punctual by up to 93 days in jail, $500
1:08:22
fine plus court cost. Fine could be increased if three
1:08:25
times the value of the property. If that's greater than $500,
1:08:29
that would become the maximum fine.
1:08:30
You understand that, Sir? Yes.
1:08:33
All right. Do you understand what a no
1:08:34
contest plea is? Yes, All right.
1:08:38
Two things about it I have to make sure that you understand.
1:08:40
One is, is that first of all, it means that you're not further
1:08:44
desirous or wanting to contest this charge.
1:08:46
You understand that? Yes.
1:08:49
Second thing is, is that for purposes of sentencing, the
1:08:51
court is going to treat you the same as though you had pled
1:08:54
guilty. You understand that?
1:08:55
Yes, basis for no contest, plea. What's interesting about
1:08:58
liability honor, Sir, to that charge, how do you plead?
1:09:02
Guilty, really No meaning you're pleading no contest.
1:09:06
Oh, no contest. Sorry, Sir.
1:09:08
All right. Do you understand that by
1:09:10
pleading no contest, you will not have a trial of any kind?
1:09:13
Yes. All.
1:09:14
Right. You signed an advice of rights
1:09:16
form. I had one signed on your behalf,
1:09:18
yes. Do you have any questions
1:09:20
regarding any of those? No, Sir.
1:09:23
Rights. You understand that you'll be
1:09:25
waving all of those rights? Yes, Sir.
1:09:29
Sir. Is there a problem?
1:09:31
You got it. All right, Sir.
1:09:33
You understand that you're waving, your waving all of those
1:09:36
rights. My apologies.
1:09:38
Yes. All right, that wasn't to you,
1:09:41
Mr. Culver. Yes, that that wasn't.
1:09:43
I wasn't. I wasn't raising my voice
1:09:46
towards you. My apologies to you, Sir.
1:09:48
All right. Sir.
1:09:51
You understand that you're giving up your right to appeal
1:09:54
of, right? Yes.
1:09:55
Are you on probation or parole? No.
1:09:58
Has anybody promised you anything other than what's been
1:10:01
stated here today to get you to plea?
1:10:03
No. Anybody threaten your coercion?
1:10:06
No, you're. Doing this voluntarily enough
1:10:08
your own free will. Yes.
1:10:10
Court. Has been provided Pittsfield
1:10:12
Township Department of Public Safety report for their case
1:10:15
number 2419616. Any objection to the court
1:10:19
having reviewed that report? None of them.
1:10:21
People no you. Honor.
1:10:22
Basically. Want to review that report.
1:10:24
The court does find that there's a sufficient factual basis in
1:10:26
which the court terminal defendants guilty this offense.
1:10:30
Sir, I do have to advise you that if between the time of my
1:10:33
acceptance of the plea and the time of sentencing, if you
1:10:36
commit misconduct as defined in the Michigan court rules, you
1:10:39
would not be entitled to draw your plea and the court would
1:10:42
not be bound by any sentence evaluation or recommendation.
1:10:45
You understand that, Sir? Yes, Council.
1:10:49
Are you aware of any other promises, threats or other
1:10:51
inducements which have led to discipline guns from the people?
1:10:54
No, your Honor. And have I complied with the
1:10:56
court rule? Yes, your Honor.
1:10:58
Yes, Connor Court will accept the defendant plead guilty to
1:11:02
this charge. Defendant is referred to
1:11:04
probation for a pre sentence investigation and report.
1:11:08
Sentencing in this matter will be June. 24th at 12 noon, June.
1:11:12
24th, 2020 six 12 noon. Bond will continue.
1:11:16
Do I have probation and tech ID? Sir, I'm going to ask you to
1:11:20
remain online. We're going to put you into a
1:11:22
breakout room with my probation department so we can start the
1:11:25
sentencing process. OK.
1:11:27
OK. All right, Thank you.
1:11:29
Thank you. Alrighty everybody, it's
1:11:30
Wednesday here at TCF live. Judging by the stats, there's
1:11:34
probably some new people out there.
1:11:37
Feel free to say hello to us in the chat.
1:11:39
We are a very friendly folk here.
1:11:41
You have stumbled in one into one of the best communities on
1:11:44
YouTube, led by a guy who stumbles over his words.
1:11:47
You can't do any better Todd, you gifted a membership earlier
1:11:51
and I forgot to thank you for that.
1:11:52
That's like twice in a row where I've been slow to thank you.
1:11:55
So thank you and thank you again just for good measure, because I
1:12:00
keep being slow with regards to that.
1:12:03
Let's stay in Michigan, but let's head up to Ingham County,
1:12:06
the Lansing area, to the new favorite of this channel, Judge
1:12:10
Aqualina. This is Docket 261639 FH and
1:12:20
261635 FH People of the State of Michigan versus Ruben Martinez.
1:12:26
Council, Your appearances for the record.
1:12:29
Good. Morning.
1:12:29
Your Honor, Sarah Brenner, Assistant Attorney General for
1:12:32
the People. Good morning.
1:12:33
Assistant Public Defender Sarah Donnelly, on behalf of the
1:12:35
defendant, Ruben Martinez Junior, who is standing to my
1:12:38
right, thank you. So please raise your hand.
1:12:41
Do you swear or affirm the testimony you're about to
1:12:43
provide with me? The truth, whole truth and
1:12:45
nothing but the truth and nothing of perjury.
1:12:47
You put your hand down. Wait till I'm done.
1:12:50
So I'm talking over each other, Sir.
1:12:52
Have you taken any medication yesterday or today?
1:12:55
Are you supposed to be on medication?
1:12:57
You're not on any sign of fever, COVID or other illness.
1:13:01
If you had no time to speak with your attorney, yes.
1:13:04
And are you AUS citizen? Yes.
1:13:07
And are you gainfully employed? No.
1:13:10
When was the last time you were employed?
1:13:13
I'm self-employed. What did?
1:13:14
You do. Carpenter.
1:13:17
So. You are employed, you just don't
1:13:19
have any business. Are you in jail?
1:13:20
So I'm. Just.
1:13:22
And. When you're out of jail, are you
1:13:24
working heavily? Probably.
1:13:26
Yeah. Well, it's either yes or no.
1:13:27
Probably doesn't count in my book.
1:13:30
If I have work, yes I'll. OK.
1:13:33
So. I.
1:13:35
Understand there's a place child support case, so no.
1:13:39
No. I'm not working.
1:13:41
OK. I have you an address in
1:13:48
Tennessee. You're extradited here?
1:13:51
No. I'll turn myself.
1:13:53
In. Thank you.
1:13:55
And is it Valley Creek Rd. still correct?
1:13:58
Who lives there? My it's my father's house I
1:14:02
rent. And my 6 year old child who's
1:14:06
not part of this case, right? I have.
1:14:08
A custody of Long Hotel. OK.
1:14:10
Are you receiving child support in that case?
1:14:12
Yes, ma'am. And on behalf of.
1:14:17
The what is the agreement on each file?
1:14:22
Your Honor? On each file, he's charged with
1:14:24
three counts of pay or pay child support.
1:14:26
He'll be pleading to count 1. We're dismissing count 2 and
1:14:29
three on each file. Then further on each file looks
1:14:36
like on 261635 FH he needs to pay restitution in the amount of
1:14:42
$8530.21 he sent the balance of child support owned, yes.
1:14:48
As of today, your own. So that's child support.
1:14:50
OK. And then on the other file, he
1:14:53
needs to pay $14,350.90? That's correct.
1:14:58
OK. And then is this a continuing
1:15:00
allegation? Yes.
1:15:02
Your own all. Right.
1:15:03
Thank you. Now that being said, Council, is
1:15:07
that full pair accurate and complete?
1:15:09
It is your. SO is that full pair accurate
1:15:12
and complete? Yes.
1:15:15
And Council, are you reading of counts 2 and three on each file?
1:15:21
Yes. Your Honor.
1:15:22
As to reading the felony information count 1 on each file
1:15:28
you may proceed. The people of the State of
1:15:30
Michigan versus Ruben Roja Martinez, Junior File number
1:15:35
ending 1635 in the City of Lansing, County of Ingham, State
1:15:39
of Michigan Honor about the dates of October 1st, 2021
1:15:42
through February 28th of 2022. Sir Account One Child support
1:15:47
failing to pay did not pay support for his child in the
1:15:50
amount or at the time stated in an order entered by the Ingham
1:15:53
County Circuit Court. And.
1:15:55
File #20009001175DC. Contrary to MCL 750.165, this is
1:16:02
a felony 4 years and or $2000 fine.
1:16:05
In. File ending 1639 people of the
1:16:08
state of Michigan versus Ruben Roll hot Martinez, You got to
1:16:11
slow it down, man. You're going to wear out my
1:16:13
court reported first case this morning.
1:16:14
I'm sorry. You're not.
1:16:16
People of the state of Michigan versus Ruben Roja Martinez,
1:16:20
junior. In the.
1:16:22
City of Lansing, County of Ingham, State of Michigan, Count
1:16:25
1 on or about the dates of October 1st. 20. 21 through
1:16:30
February 28th, 2022. In the.
1:16:33
City of Lansing, County of Ingham, State of Michigan.
1:16:36
Account one child support. Failing to pay did not pay
1:16:39
support for his child and the amount are at the time stated in
1:16:42
an order entered by the Ingham County Circuit Court in file
1:16:46
number 2018003670, DM, contrary to MCL 750.165.
1:16:55
This is a. Felony 4 years and or $2000
1:16:57
fine. Thank you, Sir.
1:17:01
Did you understand what was just read?
1:17:03
Yes, ma'am. So on each file you have one
1:17:07
count of failure to pay child support, each are punishable by
1:17:12
four years and one file you have an arrears rate $1530.21, which
1:17:18
you agreed to pay, which by the way is the law.
1:17:21
And Sir, if you continue to not pay, that number will grow and
1:17:26
hopefully you've arranged or will arrange payment with the
1:17:32
friend of the court so that you're continuing to pay as well
1:17:35
as pay down that arrearage. And then in the other file you
1:17:38
have $14,350.09 and you're aware of all of that?
1:17:43
Yes. All right, thank you.
1:17:44
Looks like you signed the advice of rights form on each file.
1:17:47
Did you read it before you signed it?
1:17:48
Yes, ma'am. Did you understand what you
1:17:50
read? Yes, ma'am.
1:17:51
And if you had any questions, your attorney was able to answer
1:17:54
those in regard to your rights? Yes, ma'am.
1:17:56
Do you have any questions about your rights of this court?
1:18:00
And you understand that if someone forced, threatened,
1:18:02
coerced you, promised you something we haven't made a
1:18:04
record of, you need to tell me that now because if you come
1:18:06
back later and say you should know plan, I don't have to
1:18:09
accept that and I'll lie. It was joined plea.
1:18:13
Are you? Pleading of your own free will.
1:18:15
Any trial? And you're.
1:18:16
Doing that after you've spoken with your attorney and you've
1:18:19
been satisfied with the representation of counsel?
1:18:22
Yes, ma'am. And you?
1:18:23
Understand you are also giving up your right to avenge trial or
1:18:27
jury trial, holding the people's their burden of beyond a
1:18:30
reasonable doubt, losing the ability to cross examine any
1:18:33
witnesses and evidence, to present evidence and witnesses
1:18:36
on your own behalf and choose to remain silent or testify.
1:18:40
Your understand you're giving them all of those, including the
1:18:43
automatic right of appeal you would have if we went to trial
1:18:47
as well as and that would be at each file.
1:18:50
But now you have to ask permission of a Court of Appeals
1:18:53
if you wish to appeal and you are only going to be granted
1:18:57
that if the Court of Appeals agrees with the importance of
1:19:01
your issues. You understand all of that?
1:19:02
Yes, ma'am. Thank you, Sir.
1:19:04
As to docket 261635, FH Count one child support, failure to
1:19:10
pay. How do you please go, Sir?
1:19:12
Asked to Docket 261639 FH Count one Child support failure to
1:19:18
pay. How do you plead, Sir?
1:19:20
You understood that you needed to pay child support.
1:19:26
Yes, and. You failed to pay, yes.
1:19:29
All. Right.
1:19:30
And and is there any agreement as to whether or not there's any
1:19:37
upfront jail or any other any went jail, any upfront jail,
1:19:41
there's no agreement. OK, all right, very good.
1:19:44
And so let's turn to Docket 261635 FH.
1:19:49
Specifically, it's fair to say that under Docket 09117 DC.
1:20:01
You were ordered by the Family Court judge and the friend of
1:20:04
the court to pay child support. Is that a yes?
1:20:08
Yes. And while you may have paid
1:20:11
something, you accrued. Arrears.
1:20:13
Because you didn't regularly pay.
1:20:14
Is that fair to say? Yes.
1:20:16
And right now that arrears is $8530.21.
1:20:21
Yes, ma'am. Including other amounts that
1:20:25
you're regularly supposed to pay.
1:20:27
Is that fair to say? Yes.
1:20:29
OK. And turning to 261639 FH, well,
1:20:37
let me let me just go back, sorry, I kind of jumped ahead on
1:20:41
the 261635 FH. This occurred in the city of
1:20:45
Lansing County Dingham State of Michigan and that was doesn't
1:20:51
have an address here but that would have been payable at the a
1:20:55
friend of the court would be three O 3 W Kalamazoo St. and
1:21:01
that's the same on 261639. This occurred in the city of
1:21:06
Lansing County, Bingham, State of Michigan, again at the three
1:21:10
O 3 W Kalamazoo address. And on the 2616 three five of
1:21:15
eight, you failed to pay between the periods of October 1st,
1:21:21
2021. And actually, because cap two
1:21:25
and three were dismissed, I'm simply going to say it's October
1:21:28
1st, 2021 through August 31st 2025 as I believe the amount
1:21:33
encompasses all three counts even though he's only completing
1:21:37
1. Is that acceptable to both
1:21:38
council, yes or no? And then on the 261639 FH Brown
1:21:44
again, you failed to pay between the dates of October 1st, 2021
1:21:51
through July 31st, 2025, a council and gathering
1:21:56
stipulating its income since all three date ranges.
1:22:00
I put it into one because all three counts were considered.
1:22:03
And that's where the $14,350.09 comes in.
1:22:07
That's correct. That's fine.
1:22:08
And so you agree with all of them in both files?
1:22:11
All right. And this 1639 file that relates
1:22:17
specifically to Docket 18-367 DM you had children that you were
1:22:25
ordered to pay for through the front of the court and the
1:22:30
family court judge and you felt right with the pay.
1:22:33
Is that a yes? All right.
1:22:36
We have of the people on either for any additional questions.
1:22:40
I kind of put them together to don't usually do.
1:22:43
It's really the same ventral basis, just different files and
1:22:47
children and numbers. No, Your honor, people are set.
1:22:51
Defense. Is also satisfied.
1:22:53
All right thank you. Our council where we promises
1:22:56
threats and induces other than those already placed on the
1:22:58
record. No yeah, no.
1:23:00
This court comply report rule yes, sure.
1:23:02
Yes. Thank.
1:23:03
You on each file I find defendants, I have to say.
1:23:06
I didn't even answer you. Did I ask you to plea?
1:23:10
Yes, OK. Sorry, I got ahead of myself a
1:23:13
little one. All right.
1:23:15
I find each plea has been freely, voluntarily, knowingly,
1:23:19
and understandingly made without under influence, threats,
1:23:21
coercion, or promises of lenience.
1:23:22
You also find there's sufficient grounds to accept and as pay in
1:23:25
each file. Therefore, count 1 in each file
1:23:28
enter counts 2 and three in each file are hereby dismissed.
1:23:33
However, just noted for the record, counts 2 and three are
1:23:36
actually incorporating count 1 because of the nature of the
1:23:39
offense. If there's any outstanding
1:23:41
warrants related to either problems or hereby recalled and
1:23:44
dismissed through a sentencing date.
1:23:47
June. 20. 6th at 10 AM. Does that meet with your
1:23:52
schedule council? Yes, sure.
1:23:54
Yes, sure, all. Right, Sir, You'll have to make
1:23:57
an appointment with probation. That number is 507-483-6100.
1:24:03
We're going to give you guys a purple sheet and has that number
1:24:06
on it. I don't know how long you're
1:24:08
going to stay here. We'll talk about Bond in a
1:24:09
minute, but if they don't interview you before you leave,
1:24:16
you need to call them. If you do not bench or issue, we
1:24:19
will extradite you and then you'll pay for a whole lot more
1:24:23
cost. So I do need to meet with
1:24:25
probation. Now, if I in fact allow him to
1:24:28
go home, a couple of things are going to happen before you make
1:24:33
your motion. Let's be very clear on what
1:24:35
those things are because if they're not going to happen, we
1:24:38
have work over the jail. He can be available on Zoom so
1:24:41
he can save the cost of travel and put that towards his
1:24:44
arrears. He must be employed to be part
1:24:46
of a work seat program, not commit any crimes.
1:24:50
No. Alcohol, no drugs, etcetera.
1:24:53
If those are agreeable I'm willing to entertain by.
1:24:55
If they're not, he can sit in jail and do dishes.
1:24:58
Fraud Care. Yes.
1:25:01
Your Honor, no, that's very acceptable to the defense.
1:25:03
If they were, if you'd be willing to reduce his bond, he
1:25:07
doesn't have any money to pay so.
1:25:09
Like. He stated he is trying.
1:25:11
He does have the children he needs to support as well as the
1:25:14
one he has full custody of. So whatever the the court would
1:25:17
would want, he is, he's fine with complying with it.
1:25:20
Pay off of the people. What would you like me to know,
1:25:22
Your honor? The bond has already been set
1:25:24
down to about 10%. Of the arrears.
1:25:26
From the 25% that's mandated, mandated by the statute, he
1:25:30
hasn't paid in some time. So I would object to it being
1:25:33
reduced to PR bond. Well, let me ask you this.
1:25:37
How are you expecting him to pay the money if he's incarcerated
1:25:40
and taking up tax dollars that we all pay for?
1:25:42
I understand that, your Honor, he wasn't paying when he was
1:25:44
out. So he's already shown us that
1:25:46
he's not going to pay. When he's out.
1:25:48
Well, I have a bigger hammer because he can go to prison.
1:25:52
So then he doesn't raise his six year old.
1:25:55
So he's got a lot to lose because I'm not a judge who's
1:25:57
going to tolerate this, but I'm also not a judge who's going to
1:26:00
impede him and ensure that he goes to prison by not paying, by
1:26:04
having the people pay for his, you know, 5 minutes of fun and
1:26:07
choosing not to wear a condom. What do you?
1:26:10
Think about that, Sir. How many?
1:26:13
Kids, do you have 3? This file reflects three
1:26:17
children between the two files, the 2.
1:26:19
Files is 1 age and I have them cousins the third one.
1:26:22
Age. Do you see these children?
1:26:26
I did until. I'm.
1:26:29
Working on it. No, you explained it to me.
1:26:32
What does working on it mean and what does I did mean so?
1:26:35
I didn't want to keep getting in trouble with the first two
1:26:39
mothers so I packed off and focused on my 6 year old.
1:26:44
OK. What does that mean?
1:26:45
Keep getting in trouble? Is there some criminal history
1:26:48
you want to tell me about or what?
1:26:49
No. Well, with.
1:26:52
My ex-wife, the second mother of my child.
1:26:56
It was too much you. Didn't have a good relationship
1:27:01
we didn't get. Along OK.
1:27:03
So I understand that, but then when was the last time you saw
1:27:07
the child? It's been a few years ever since
1:27:11
actually my she didn't like my. 6 year old.
1:27:14
Being born so she. Basically.
1:27:16
Just made it in almost impossible.
1:27:19
Well, no. You made it impossible.
1:27:21
I want to get this really, really clear because these cases
1:27:24
I don't like. You should not be in front of
1:27:26
me. You chose to have a child.
1:27:29
That's right. The Constitution says that you
1:27:32
have an absolute right, if you're a fit parent, to raise
1:27:34
your child. So you have a right to go to
1:27:37
court, ask a judge for help and say your mom's not willing to
1:27:40
see my child. And in.
1:27:42
Fact, if it gets so bad you might get custody of these
1:27:44
children because she has an absolute obligation.
1:27:47
You both have an absolute obligation to facilitate a
1:27:50
positive relationship between the child and the other parent.
1:27:53
Yes ma'am. So it's on you that you have not
1:27:56
seen your children and decided to not, hey, child support is
1:28:02
the right of a child and an obligation of the parent.
1:28:07
I'm not smart enough to come up with that language.
1:28:09
You know what? That is tried and true, written
1:28:13
by the Supreme Court over and over and over again in thousands
1:28:17
of cases. And it also is based in
1:28:19
constitution. So the only one that sat on
1:28:22
their rights is you. Those children have a right to
1:28:25
the mom and the dad, but you just can't have your 5 minutes
1:28:29
of fun and then ignore the children because us taxpayers
1:28:33
pay. Somebody's been paying for those
1:28:34
kids and now we're paying more because you're housed in our
1:28:38
jail. We don't want to pay for your
1:28:41
fund. So what is it going to be?
1:28:42
You're going to be a dad or, or is she going to meet somebody
1:28:44
and someone else is going to raise your child because
1:28:47
parental termination is alive and well.
1:28:49
You know, see your child for two years.
1:28:50
You don't pay for your child for two years.
1:28:52
And the law says mom can come in and say he doesn't care.
1:28:56
I'm marrying someone else, let him adopt.
1:28:58
Is that what you want? Well, then prove it to me, Sir.
1:29:02
I deal in evidence and prove it to your child.
1:29:04
You have a lot to make up for. To both children.
1:29:06
When did you see the other child?
1:29:08
It's been a long. Time.
1:29:10
What's a long time 10? Years do you?
1:29:12
Ever add? I do now here.
1:29:16
What does I do now mean well? He wasn't around when I was a
1:29:18
child. I mean, OK, I grew up in.
1:29:20
And bought a home. OK.
1:29:21
So he wasn't around when you were a child.
1:29:24
Did you see this history repeating itself?
1:29:26
Now? You were doing that to your
1:29:28
children. So you know how these children
1:29:31
feel and you don't care? No, I.
1:29:32
Do care. How you?
1:29:34
Abandon them. Well, that's.
1:29:35
Why I turned? Myself in so I could take care
1:29:37
of this and get get back to them.
1:29:39
Better late than never, Sir. Who is taking care of the six
1:29:43
year old that you have in Tennessee?
1:29:44
My. Father.
1:29:45
And where is the mother of that child?
1:29:47
She's. Here in Lansing.
1:29:49
Does she see the child? No.
1:29:51
She doesn't want to. You have.
1:29:52
A lot of different choices that you need to make in your life.
1:29:54
Choose better women, choose your children over your fun and
1:29:59
everything else you're doing. And you have to work, Sir.
1:30:02
So tell me about your work. How are we going to get you to
1:30:05
work? Well, I'm I'm very.
1:30:08
Good at what I do. I'm a like I.
1:30:09
Said I'm a Carpenter, maintenance man, so.
1:30:12
The. Reason why I turned myself in is
1:30:14
because I was. Going to get a.
1:30:16
Job. I got employed.
1:30:18
Twice. But the background checks didn't
1:30:20
check out because of the filling background.
1:30:23
So you're with. Good paying jobs.
1:30:25
OK. Maybe that was the wake up call
1:30:29
you need, but I'm also certain the prison can use a good
1:30:33
Carpenter. So you decide to not pay and
1:30:37
your children will find you in the list of MDOC.
1:30:41
Yeah, I. Don't want that?
1:30:42
Let's fix this problem Sir. Have you talked to the friend of
1:30:55
the court about how much you're supposed to be paying?
1:30:59
No. I tried to get a hold of them.
1:31:00
Before I turn. Myself in but I never got a.
1:31:02
Return call, but I don't. Think you tried very hard
1:31:05
because they're accessible? You have a cell phone.
1:31:09
Yes. I think.
1:31:11
Did you leave them a number? You know who your case worker
1:31:13
is. I forgot her name.
1:31:16
Well, here's how it goes, Sir. You have to pay child support
1:31:19
plus an additional amount every month or bi weekly.
1:31:23
However, they've ordered you to pay the rate of child support
1:31:27
plus an amount for the arrearage, and they set that now
1:31:32
if there's been a change of circumstance.
1:31:34
They. Have you at too high of a wage
1:31:36
or too low or whatever? They can adjust that, but they
1:31:39
will only adjust it back to the date you request.
1:31:44
So if whatever they're collecting is too much, you need
1:31:47
to let them know because they will not retroactively credit
1:31:51
you. They do not allow you to sit on
1:31:54
your hands, and then it becomes their problems.
1:31:56
If you want to invoke your rights to see your children or
1:32:00
to have your child support go up or down and accurately be
1:32:04
reflected, then you have to take action.
1:32:12
All right, Sir, how are you going to get back to Tennessee?
1:32:18
That's. My father.
1:32:20
Your dad's going to help you. To get back to you, yeah.
1:32:25
All right, Sir, I'm giving you a $30,000 PR bond.
1:32:32
I want you working. You'll report the pretrial
1:32:36
services as directed as often as directed by telephone, since you
1:32:41
can't do it in in person. You're going to be in Tennessee.
1:32:45
You shall not use any illegal drugs, alcohol, marijuana, if
1:32:53
you have any. You will show a prescription to
1:32:55
pretrial services. Do you have a history of drug
1:32:59
abuse? Yes.
1:33:00
Ma'am. And how recent is that?
1:33:04
I'll be two years clean and sober in July.
1:33:06
Mary. So you'll Pvt. and or drug test
1:33:10
as requested by pretrial services, law enforcement, any
1:33:13
court officer, your father or mother of any of your children.
1:33:22
Repeat that one last. One here, yeah.
1:33:24
He will Pvt. and or drug test as requested by pretrial services,
1:33:29
law enforcement, any court officer, your father or the
1:33:33
mother of any of your children so we can make sure your plan is
1:33:37
over during your parenting time. If it's positive, we'll do a
1:33:41
secondary test and we'll see if it's a false positive or a
1:33:45
positive positive and then we'll take whatever action we need.
1:33:48
You will not only have your possession under your control,
1:33:51
any weapon, gun, ammunition or tissue of a weapon will not be
1:33:54
in the presence of any third party who has those.
1:33:56
Do you have any weapons in the home?
1:33:57
Guns. Good.
1:34:00
You will not be in the presence of any known gang members or any
1:34:03
known felons. You'll not wear any gang colors,
1:34:05
Insignia or gang tattoos. You will maintain your current
1:34:09
residence and any average change will be reported to Pretrial
1:34:12
services of Court and your council within 24 hours.
1:34:15
You will appear before this court on Zoom at 10 AM.
1:34:21
June 26th, 2026 now, and that's at 10 AM.
1:34:25
If you want to be next to your attorney, you'll have to come
1:34:29
all the way back to Michigan. But I'd rather see those funds
1:34:31
pay your child support. But it is your right to stand
1:34:33
next to her. How we do it on Zoom is that.
1:34:37
I would put you in a confidential.
1:34:38
Breakout room and you can talk to her that way.
1:34:41
If that's OK with you, we'll proceed that way.
1:34:43
Otherwise, I need your body physically here in front of me
1:34:45
like it is today. What is your preference?
1:34:47
No, that's OK. Zoom, zoom.
1:34:49
Yes, very. Good.
1:34:52
You shall be employed and shall not be, and if you're not
1:34:57
employed, you shall be part of a work secret program and you will
1:35:01
not give any employer any cause to terminate you.
1:35:04
You'll advise the front of the court and Circuit Court and
1:35:07
pretrial services of all employment.
1:35:09
How much time do you need to get gainfully employed?
1:35:12
A. Month A.
1:35:13
Month How are you going to pay your bills during that month
1:35:17
within a. Month right, he's so.
1:35:20
He I guess the not going to. Get back to Tennessee.
1:35:23
It would be less than that. Well, let's just say it will be
1:35:27
less than that. I don't care if you work at Taco
1:35:28
Bell or Burger King or Aldi's or whatever, you're going to work
1:35:34
until you get some other employment.
1:35:36
And I don't want to hear that you're being paid under the
1:35:39
table because that is another felony state in federal.
1:35:53
All right, so you'll be employed within 30 days of this order.
1:35:55
Yes ma'am, you also will follow. All.
1:36:02
Family court orders in Michigan and Tennessee, Anything I fail
1:36:08
to add on half the people? No, you're not.
1:36:10
No, I've been clear. Yes.
1:36:13
Ma'am. Any questions?
1:36:16
Hold the key to the jail or prison.
1:36:18
Sir, we pay. Are you OK?
1:36:25
That's up to you. That's what kind of day do.
1:36:28
You want. To be all right.
1:36:34
Friends. So I agree with pretty much
1:36:38
everything that Judge Aqualina had to say there.
1:36:42
But I disagree with one thing and I'm going to get on my
1:36:45
soapbox about something else because I always do in these
1:36:47
cases. The one thing she said I don't
1:36:49
agree with when she said the front of the court is
1:36:51
accessible. Now, for those of you who aren't
1:36:54
familiar with how Michigan works, FOC, the front of the
1:36:57
court is the arm that handles child support matters and family
1:37:03
court kind of matters, Visitation, parental rights,
1:37:06
stuff like that. They're the most inaccessible
1:37:10
organization pretty much on this planet.
1:37:13
Think of the worst government organization you've ever dealt
1:37:16
with. Multiply that by 10 and that is
1:37:17
the front of the court. I speak this through personal
1:37:20
experience. My first wife and I lived in
1:37:22
Michigan. When we separated, our children
1:37:25
went with her for physical custody.
1:37:27
We both had legal custody, but that meant I was paying child
1:37:30
support. And good luck getting any
1:37:33
response whatsoever out of friend of the court.
1:37:36
You can go there, sit in their office all day long and they
1:37:41
will ignore you. I actually had to go through
1:37:45
legal angles to finally get them to hear me at one point.
1:37:48
So I don't want to hear that part from judge.
1:37:51
But I agree with all of the dressing down that she gave that
1:37:53
guy. The other thing that I will get
1:37:55
on my soapbox for and I always do with these cases, I get it
1:37:59
with the non custodial parent and the whole you need to pay
1:38:02
your child support 100% on board and agree.
1:38:06
But I will say again, the system needs to be fixed.
1:38:09
The custodial parent needs to be able to account for how that
1:38:13
money is being spent and they're not required to.
1:38:17
So the judges can get on the high horse about how the non
1:38:22
custodial parent needs to support the child.
1:38:24
And I 100% agree. But they need to be equally
1:38:28
holding responsible the custodial parent to make sure
1:38:30
that that money is funneled through to the child's needs.
1:38:34
And so often it is not, and I find that to be a pathetic.
1:38:39
Hole in the. System that nobody does anything
1:38:42
about, nobody bats an eye to what's going on with that money
1:38:47
once the state hands it over to mom or dad or whoever has
1:38:50
custody. And that is just plain wrong.
1:38:54
All right, off high horse. Thank you for listening.
1:38:57
Let's go to Judge. Yeah, let's go to Judge Desanto.
1:39:03
Say good morning to her. Yeah, eligible for District
1:39:05
Court treatment court because it's felony.
1:39:09
Though I. Understand now, Mr. Breslahan
1:39:11
asked. That you take.
1:39:12
The plea and. Send it out to the sentence.
1:39:15
And that's why I just. Wanted to alert you so I
1:39:16
wouldn't surprise you. No, I.
1:39:17
Do appreciate that, but the language should probably be
1:39:20
changed to just be Circuit Court treatment court, not district or
1:39:23
Circuit Court and that's. Perfect, although they already
1:39:27
accepted him and you're going the county prosecutor accepted
1:39:30
that court as the option. Wait, what?
1:39:32
He. He's already been.
1:39:33
Accepted into the Dearborn. Treatment court and the county
1:39:36
prosecutor. Said that's good.
1:39:38
So I don't know, change whatever you want.
1:39:40
No, no, no, I'm not changing it because that's not my agreement.
1:39:43
We'll. We'll for a second, OK.
1:39:45
Well, I didn't want to you with the plea tomorrow.
1:39:48
No, no. I appreciate that.
1:39:50
And I still am unfair as to why district courts accept Circuit
1:39:55
Court. Please, when they just go right
1:39:57
down there anyway. But in any event.
1:40:02
Yeah, right. Yeah.
1:40:04
Next week, we'll bring you some more disgusting Lincoln Park
1:40:06
cases. Well, but the, but The thing is,
1:40:09
is that, well, there's a few things.
1:40:11
One, if he's been accepted into the 19th District Court
1:40:15
treatment court, it's my understanding that's just, I
1:40:19
mean, it's District Court, so it would be a misdemeanor.
1:40:22
Do they? Know that he's pleading to a
1:40:23
felony. Yes they do.
1:40:25
And they? Can accept.
1:40:27
That's. Interesting.
1:40:28
I just. I did one also in the Westland
1:40:30
court a few years ago and they did the same thing.
1:40:33
This is this is not frequent. They usually it's you just write
1:40:37
District Court misdemeanors, but this president had accepted this
1:40:40
one and he said it's fine and I'll address those concerns
1:40:44
before tomorrow. I.
1:40:45
Understand that it's fine with him.
1:40:48
My. Confusion is that a District
1:40:50
Court treatment court is accepting a felony.
1:40:53
I understand I it's beyond my bandwidth.
1:40:56
I don't understand right? So I'm just, you may want to
1:41:00
just confirm that they understand that it's a felony
1:41:04
and it's not being reduced to a second for a misdemeanor before
1:41:08
everyone's moving forward. And then?
1:41:10
Also, if that's not the case, then the District Court has to
1:41:14
be the District Court provision on here has to.
1:41:17
Be, but I don't mind crossing it out judge that'll that'll be
1:41:21
sorted out by somebody paid much more than I am, so, well, no.
1:41:24
No, no, no. It has to be sorted out before
1:41:26
the police. No, we'll do.
1:41:27
That tomorrow I'm going to let Mr. President.
1:41:29
Handle when I. Leave your.
1:41:30
Day If he's fine with that because they've already accepted
1:41:33
him, Judge, I think there might be something else he's in.
1:41:36
He's an employee of the city Dearborn.
1:41:37
They put him in the. Employee Assistance program.
1:41:39
So the court may have accepted them irrespectiveable, but the
1:41:42
plea gives a notify Mr. President.
1:41:44
Well, right, but. Just for the fidelity of their
1:41:46
program, they need to make sure that they're.
1:41:49
I agree, other people are. May I?
1:41:51
Approach that because he dropped something here on the floor,
1:41:53
this might be important. OK.
1:41:55
I just didn't want. You to get surprised.
1:41:57
Tomorrow morning so. I.
1:41:59
Appreciate that, but. You should check with 19
1:42:01
District Court to make sure they realize that that's a felony and
1:42:05
then I guess go from there. I.
1:42:08
Sure will there are. OK, thank.
1:42:09
You. OK, thank you.
1:42:11
OK, So Alicia, whenever we need a break, you just go ahead and
1:42:15
wave the flag or morning. I'm.
1:42:21
In I'm in Blues and whites too. OK, I know trying anyway.
1:42:27
OK. So are you good with doing the
1:42:30
zoom with this breakout rooms with the attorneys and
1:42:32
everything, Alicia? OK.
1:42:35
OK. So then you just let me know, do
1:42:37
you have the docket there deed you?
1:42:40
Didn't get one, no. Sir, I do not I.
1:42:45
Will get you one OK. Mr. Serrano's not in.
1:42:48
Here did you need that? I do please.
1:42:55
But that's OK there. I'll I think the two I
1:42:58
understand this one's not spaced out.
1:43:00
Is that Yeah, I know. That's what I like.
1:43:01
Yeah, OK, not so self. This is not spaced out.
1:43:04
How many pages is this? Is this 2 copies?
1:43:06
Nope. That's couple.
1:43:10
We have a six pages today. Yeah, yeah.
1:43:13
OK. Thank.
1:43:15
You, Mr. Andy, this mine is. Spaced out on that game.
1:43:18
Oh, OK, sorry. OK, so this is double spaced the
1:43:21
this is probably the most this off.
1:43:23
OK, that's fine. That's less crazy because.
1:43:27
Otherwise. It's a single space, but in any
1:43:30
event, that's still a lot of cases today.
1:43:32
OK, OK, Mr. Serrano. You.
1:43:37
Already have Saint Clair county checked in.
1:43:39
Saint Clair County jail checked in, yes, but he has not spoken
1:43:43
with people yet. OK, when this is in his name,
1:43:47
this house, Sean. OK.
1:43:51
And the other gentleman has not solved this attorney yet.
1:43:55
And who is the one Wayne County jail he is?
1:43:57
Justin Carlton. OK, All right, Which I.
1:44:00
Believe. I think Mr. Westmoreland has Mr.
1:44:02
Schenke's cases today, Bobby, is that right?
1:44:06
Not. All of them judged OK.
1:44:08
Some of them were assigned to other people.
1:44:10
OK. Are you looking for who?
1:44:14
Sean House. That's Mr. Dubois.
1:44:17
Yes. Carlton, Who has Mr. Carlton I.
1:44:21
Have Mr. Shrine, Your Honor, but I understand you need being here
1:44:23
for the other cases. I.
1:44:25
Do. But I wasn't.
1:44:26
I didn't realize that you were on your way in to interview Mr.
1:44:29
Carlton. Whichever the court pieces OK.
1:44:32
Well, we'll just. Handle.
1:44:34
We'll handle Mr. Heisler first, who has Mr. Selma.
1:44:38
You guys. Mr. Selma, I do.
1:44:39
You do. OK, We'll enter those two first.
1:44:41
OK. All right.
1:44:43
All right, Council, we're going on the record, so OK.
1:44:45
OK, so let's. Go on the record in the matter
1:44:48
of the of the Billy Heisler 24240.
1:44:52
Your Honor, good morning. Richard T Serrano, PP3828,
1:44:56
Today, your Honor, right up here.
1:44:56
Will be a couple of fun. Times first, right?
1:44:59
Please be the date, time. Separation of calls matter, Sir.
1:45:01
Please stay trained. For the record, Billy Heisler
1:45:04
all. Right, good morning and thank
1:45:05
you for oh, thank you, thank you for addressing appropriately for
1:45:08
court and council today scheduled for show cause in this
1:45:12
matter your client failed to pay his fines and costs in the
1:45:16
amount of $2869.51 that's. Correct, Your Honor.
1:45:21
And we've talked about that. He has $200 to pay toward that
1:45:24
balance. In addition, he said a couple
1:45:27
weeks ago, he said he tried to make $150.00 payment, but
1:45:32
inadvertently he sent it to the 25th District Court.
1:45:35
They refunded the money. So he's here, but he's a make
1:45:39
sure he makes the $50 payments in the future timely and to the
1:45:42
right court. But he.
1:45:43
Does have two? 100 to pay today, is that
1:45:45
correct? Sir, that's correct.
1:45:46
All right. Sir.
1:45:47
Well, let's see, you've been Why have you failed to make payments
1:45:51
at all in the last year and a half?
1:45:53
That's. Not true at all.
1:45:54
Here on Earth, the only. Time I've failed to make
1:45:56
payments is the last three months I believe OK.
1:45:58
So. I was garnished.
1:46:01
On my paychecks. So I have been struggling
1:46:03
completely and I tried to make the three months up with $150.00
1:46:09
but like my lawyer said, I accidentally sent it to Lincoln
1:46:12
Park. I got that situated and.
1:46:14
Then now I. Have $200 to pay, close that.
1:46:19
I was paying the 50. Dollars a month.
1:46:21
And then some months I wasn't able to.
1:46:23
Natalie would call me and then I would pay the. $100.
1:46:28
For the two months. OK.
1:46:30
So let me clarify a couple things, OK?
1:46:32
First, if you're not able to make a payment, Sir, don't rely
1:46:35
on somebody here at the court to contact you.
1:46:38
You should take the initiative to contact the court by e-mail
1:46:42
as to whether or not you're to, if you're able to make your
1:46:46
payment. If you're unable to make your
1:46:47
payment and then indicate that you're intending to make that up
1:46:51
the next week. There's no talking in court.
1:46:52
Please you. Said you're on.
1:46:55
So you're paying 200 today, that's.
1:46:57
Correct. And how?
1:46:58
Much per month 50. Dollars.
1:46:59
And what date of the month do you pay your $50?
1:47:02
I don't. Have a set date.
1:47:03
To pay it, I'm going to pay 30 days from the last time I paid.
1:47:06
OK, so. We're going to pick a set date.
1:47:08
So that might be a little bit easier to, to manage.
1:47:11
And then that way it just, you just know when it is.
1:47:14
You don't have to worry about, oh, maybe I can do it this day,
1:47:16
maybe I can do it that day. And then if you can't make it to
1:47:18
that payment on that date that you've selected, e-mail into the
1:47:22
court letting us know I'm unable to make my payment today.
1:47:26
I'm going to double up next week or next month.
1:47:29
OK. OK.
1:47:31
All right. And So what date of the month
1:47:33
would you like to select Sir? Middle of the month, sometime,
1:47:36
maybe the 12th, let's say the 12th, OK.
1:47:39
So beginning June 12th. That.
1:47:41
Sounds good, OK. OK, you can stop at the window,
1:47:44
Sir. And then you already have the
1:47:45
information about paying online because?
1:47:48
You're paying. Online, you paid the wrong one.
1:47:49
OK. All right.
1:47:50
Thank you. Have a good day.
1:47:52
OK. And we're on the record in the
1:47:54
matter of the city of Wyandotte versus Michael Selma 26601.
1:47:58
Your. Article Richard P Serrano, P28
1:48:01
appearing on behalf with my client Chris.
1:48:03
Am I right? Your honor of this is the date
1:48:05
time set for his pretrial Sir. Please state your name loudly
1:48:08
for the record, Michael. So OK.
1:48:10
And today is the date scheduled for the pretrial Council, as
1:48:14
you've indicated, and you've got an opportunity to review this
1:48:19
matter with the prosecuting attorney.
1:48:20
Yes, I have, Your Honor. In fact, I arraigned Mr. Selma.
1:48:23
He's posted a bond, as the court can see.
1:48:26
Yes, we've resolved the matter, Your Honor.
1:48:27
My client will plead as charged. He's going to do the do the
1:48:35
controlled substance charge. He'll be guilty as charged.
1:48:38
We're asking that to be taken. So it's Section 155.001.
1:48:42
I've explained to my client what that means.
1:48:44
He understands it. In fact, he's in fact accepted
1:48:47
by the court. I think he qualifies for that
1:48:49
ordinance section. The other charter.
1:48:52
Possession of paraphernalia would be dismissed on the
1:48:54
prosecutor's motion. He's ready to sign his vice of
1:48:56
rights, your honor. He's ready for the court's
1:48:57
examination. OK.
1:48:59
And so, Sir, I'm going to have you please raise your right
1:49:02
hand, do solemnly swear, or from the testimony you're about to
1:49:05
give in this matter, to be the truth, the whole truth, and
1:49:06
nothing but the truth. Yes, Sir.
1:49:08
OK. And you heard.
1:49:12
The plea that was placed on the record, correct?
1:49:14
Yes, Sir. Honor.
1:49:15
And as to the charge of possession of controlled
1:49:19
substance, how do you plea? You've gone over your advice of
1:49:23
rights with your attorney, correct?
1:49:24
Yes, your. Honor and you.
1:49:25
Understand all of those rights? Yes, Your Honor, you also
1:49:27
understand that by entering into a plea, you'll be waiving some
1:49:30
of those rights. Yes, your.
1:49:31
Honor you. Understand as well the possible
1:49:33
penalty as a result of your plea, whether this court, any
1:49:36
other court, or administrative agency.
1:49:38
Yes, Your Honor. Knowing all of that, do you want
1:49:39
to continue with your plea? Yes, Your Honor, everybody can
1:49:42
promise you anything, threaten you or coerce you in any way for
1:49:45
you to enter into a plea. Any.
1:49:47
Immigration issues. All right.
1:49:49
Council, if you can, please avoid you, your client.
1:49:52
Thelma Honor about May 8th 2026 approximately 1:30 PM were you
1:49:57
in the city of wind up yes you would motor vehicle, weren't
1:50:00
you? Yes and you had contact with the
1:50:02
police to stop you Yes. And finally police officers
1:50:05
investigating further and and searching the vehicle and
1:50:08
yourself, they found some drugs turned out to be crack cocaine.
1:50:12
You agree with that? Yes.
1:50:14
You were the only person in the car, weren't you?
1:50:16
Yes. So this year was correct.
1:50:17
Correct. Satisfying the court is also and
1:50:21
you. Understand what the 155.001
1:50:23
status is, Correct, Sir, Correct.
1:50:26
OK, The court does find the plea is knowing, volunteering and
1:50:28
factually accurate. The court will accept your plea
1:50:31
2, Count 1, dismiss count 2 for the plea agreement.
1:50:34
And Sir, if you're going to test right now what's in your system?
1:50:37
Just. Bear in mind on it and no I do
1:50:38
not have a prescription on it. When's the last?
1:50:41
Time you used it. It was about a week ago, Sir.
1:50:45
You were arranged. Excuse me?
1:50:46
You were arraigned 12 days ago, so that was more than a week
1:50:49
ago. And this court instructed you,
1:50:50
Sir, not to possess or consume any alcohol or drugs that are
1:50:53
not prescribed. I.
1:50:55
Meant to say more than 1212 days ago I wasn't being accurate with
1:50:59
the days. OK.
1:51:00
I just. Met a week ago, as in before the
1:51:02
convention. That's what I meant.
1:51:05
OK. So just for clarification Sir,
1:51:08
since. You've been.
1:51:08
Released after your arrest. Have you used any marijuana?
1:51:13
No. You're not OK.
1:51:14
Very good. The court's going to order bond
1:51:16
and conditions are continued and you are currently testing,
1:51:19
correct, Sir. OK.
1:51:21
Very good. And so you're going to go over
1:51:23
to probation and you will get all of your next steps.
1:51:25
OK. Thank you.
1:51:26
Thank you. Have a good day.
1:51:27
Thank you. Thank you.
1:51:29
Your Honor, thank. You we are on the road.
1:51:31
We're three now of TCF live on this fine, fine Wednesday.
1:51:35
Good to have you all here. Seriously good to have you all
1:51:39
here. This is like the best job in the
1:51:42
world is being here with you guys.
1:51:44
So thank you so much. Let's go back to Judge Aquilina.
1:51:49
New contestant there. All right, this is Docket
1:51:59
25369FH23967FH23969 FH and 256131 FH people in the state of
1:52:15
Michigan versus James Clark. Legion.
1:52:21
Yes. OK, Council, your appearance for
1:52:24
the record. Thank you.
1:52:24
Honor Randall Berman on behalf of the people, Thank Your Honor
1:52:27
Michael Anderson on behalf of Mr. Legans.
1:52:29
Who does appear personally to my right and which?
1:52:32
Trials are you on? I am on the 1st 2 in your honor,
1:52:37
so 23. 6967 yeah 23969 yes. And then attorney to hear you
1:52:46
hear any other two? Yes.
1:52:47
You are all right. Thank you.
1:52:49
Appreciate that. OK, Sir, please raise your right
1:52:53
hand. Do you swear or affirm the
1:52:55
testimony you're about to provide be the truth, full
1:52:58
truth, and nothing but the truth underpones your perjury.
1:53:00
Thank you. Put your hand down.
1:53:02
Taking any medication yesterday or today, is there medication
1:53:07
you're supposed to be on the turn on and not being on that
1:53:11
medication, does that interfere with your ability to understand
1:53:14
your attorneys or this court? And are you feeling OK today,
1:53:18
Sir? Yes, Sir.
1:53:20
All right. And any sign of fever, COVID or
1:53:22
other illness. No.
1:53:24
Ma'am, have you had enough time to talk to both of your Tories
1:53:27
in regard to sentencing? Yes, I have.
1:53:29
Have you? Reviewed the pre sentence
1:53:31
investigation report with them. All right, thank you and
1:53:35
counsel. I believe he's oriented to date,
1:53:37
time and place. It does understand what's
1:53:39
occurring despite they taking his regular medicine along with
1:53:42
not having celebrated, is that correct?
1:53:44
I do your honor based on the most conversation, yes.
1:53:47
Your Honor. All right.
1:53:48
Thank you very much on behalf of the people.
1:53:50
Are there any corrections, additions, solutions?
1:53:53
Yes. Your Honor.
1:53:56
I'm just pretty as it pertains to the 967 file that we're here
1:53:59
for sentencing on the attorneys, Mike Anderson, not Luke
1:54:01
Goodrich, he's appointed. I'm sorry, he's retained, not
1:54:05
appointed. Thank you those.
1:54:09
Are. All the factual corrections that
1:54:11
I've had. So I'm changing that on the
1:54:14
basic information sheet. I've changed on the cover page
1:54:17
and let me see this other evaluation plan.
1:54:20
Yes, in the first. Line.
1:54:27
So then, Mr. Goodrich, are you here on the files that will be
1:54:33
dismissed? That.
1:54:34
Is correct your. Honor I, Mr. Anderson, will be
1:54:36
making. All.
1:54:37
On behalf of Mr. Lee Gates today, all right.
1:54:40
Cheryl, is there any? I don't want to waste your time.
1:54:43
You're certainly welcome to stand where you are, but is
1:54:46
there any reason beyond this that you need to be here?
1:54:50
I don't. Believe so, Your Honor, but.
1:54:52
Yeah, I. Appreciate you being here.
1:54:55
Any. Objection to Mr. Goodrich
1:54:57
carrying on to the rest of his cases.
1:55:00
No, you're not all right. Thank you very much for your
1:55:03
service, Sir. All right, Sir.
1:55:07
And. Councillor, did you have any
1:55:08
additional? I do, your honor, just an
1:55:11
information report under highest grade completed it says unknown
1:55:17
that it's 7th grade and then under religion it says unknown
1:55:23
that would be Baptist and. What page?
1:55:32
Is that you're on right below highest grade completed on the
1:55:35
basic information. On page two of the Basic
1:55:46
information report under GL Credit, it says 247.
1:55:51
Based on the calculation that's later in the report, they have
1:55:57
the end date. Of.
1:55:59
Credit being May 19th instead of May 20th, so I believe it should
1:56:02
be 248 instead of 247. Correct.
1:56:06
John. OK.
1:56:07
And. Then take another basic
1:56:10
information sheet. OK.
1:56:17
And I also changed the account line.
1:56:21
Thank you your Honor. And then on page 15 of the pre
1:56:27
sentence investigation under marriage, yes, it has his son as
1:56:39
deceased that is incorrect he's. Live.
1:56:43
In the well and 27 years old good.
1:56:46
To hear that. OK.
1:56:48
And then again, under education, oh, he does say something great.
1:56:53
OK. Yes, great.
1:56:55
And then under employment on the exquisite soul food notes him as
1:57:01
a cook. He was also a co-owner that
1:57:05
establishment. OK.
1:57:08
And then he's been out of work since 2000 and. 18 yes, that's
1:57:11
correct Sir, if. You don't feel well.
1:57:13
You can certainly sit down. I've never found the city yet.
1:57:18
All right, Is the chair still? Is the chair still there?
1:57:21
I put. It took it away if I can bring
1:57:23
it. Back.
1:57:23
Do you want it? We don't want you to fall down,
1:57:27
Sir. Thank you.
1:57:34
Is all I had in terms of the basic information.
1:57:39
Judge. I had one other.
1:57:40
Factual. Correction, I'm sorry, on the
1:57:43
cover page under the plea agreement, I just noticed this.
1:57:45
It says amended plea the defendant plead guilty to.
1:57:48
Count. 1. I think.
1:57:50
We best. Note that that the defendant
1:57:52
plead guilty. To.
1:57:54
Original count 3, subsequently count 1 entered.
1:57:59
I think it's the best way as I have before and I will explain
1:58:03
that and you're on. I have no objections to that
1:58:07
change. OK, OK Sir, you pled guilty to
1:58:15
Royal Ultimate use count 1 controlled substance celebrity
1:58:18
manufacturer official substance less than 50 grams with the
1:58:21
Ritual 4 that is comfortable back to life.
1:58:24
Do you recall that? OK.
1:58:27
Thank you very much. And do we have any issues with
1:58:32
the guidelines? Yes.
1:58:33
Your Honor, Mr. Henderson correctly indicates that OB 19
1:58:36
should be scored at 0, not ten points.
1:58:39
OB 19 is 0. Correct.
1:58:41
That makes the total. OB point value. 15.
1:58:46
Change has been made. And a level 2 change to.
1:58:50
Remain I'm changing the basic information sheet Council.
1:58:52
Are there any additional corrections?
1:58:54
The. Guideline right thing goes to 10
1:58:56
to 46 dot. 10 to 46 and and we have defended any additional
1:59:04
questions. We just change the base
1:59:07
confirmation sheet also on. Page 2 the.
1:59:11
Recommendations. I'm also changing that
1:59:17
recommendation there to assess the 247, changing it to the 248
1:59:22
days. All right then I think
1:59:26
everything looks like it's. I'm.
1:59:32
Sorry you're out of I just caught this under page one of
1:59:36
the pre census investigation and Mr. Berman can certainly double
1:59:40
check on this, but my guess is where it says Docket 23-00369
1:59:51
FH. Given that the events date is
1:59:55
July 18th of 2024, I believe it's Docket 240. 0. 369 FH I'm.
2:00:02
Sorry, I'm not saying what you're.
2:00:04
Are you looking at the cover page or?
2:00:06
It it is under additional information, Your Honor, can I
2:00:10
briefly approach? Yes.
2:00:11
Great, this is. There's so many pages to this, I
2:00:14
want to make sure you can. Write all.
2:00:17
Under additional information, OK, and then?
2:00:21
Docket it says 23. I believe it should be 24.
2:00:24
I believe it is. Is.
2:00:28
It 23369 FH or a different one? That's not what I have, 20. 5369
2:00:37
FH. So it's the 23 should be changed
2:00:41
to 25, is that what you're saying?
2:00:44
Yes, yes, OK, got that. OK, great.
2:00:50
And then could somebody before we, I'm sorry.
2:00:53
Where are you looking? Because my, well, I'm looking
2:00:55
says 20. 5.6. 9 FH going to show.
2:00:58
Them where it's under additional, so we don't usually
2:01:01
make it's under additional information on page one, it's
2:01:05
the second paragraph from the bottom.
2:01:07
Thank you. Yeah.
2:01:09
That was a good catch all right. I also see on the color page.
2:01:17
That he. Has two civil infractions and it
2:01:22
was there's a no no pick up because there's civil problem in
2:01:25
the range is too far, but there's two active warrants.
2:01:31
Those. Mid table hero.
2:01:32
No, Your Honor, I became aware of them when I received this.
2:01:36
I did double check the register of actions.
2:01:39
There are traffic infractions, right?
2:01:41
I figured 2023, so probably just owes a fine plus like costs and
2:01:46
all that. Yes.
2:01:47
OK, All right. I'm going to have other people.
2:01:50
What would you like me to know? Thank you, Your Honor.
2:01:53
Originally we were before the court just by way of catching up
2:01:58
on. April. 2nd of 2025.
2:02:00
At that time. On this file we entered into a
2:02:03
plea agreement with the defendant, pled to it on an
2:02:06
amended information count 3 as Individual offender 4th.
2:02:10
I did that under a one year delay.
2:02:12
Pursuant to. MCL 771.1 but if the defendant
2:02:16
remained bond compliant had no new charges of the defendant
2:02:19
would be sentenced on count 3. As I have 4:00 with no further
2:02:22
upfront yet, I would dismiss all those other files and the
2:02:26
remaining files on or charges on this file and then said I said
2:02:30
if the defendant or the agreement was if the defendant
2:02:33
is non bond compliant or is. Charged with new.
2:02:35
Crimes Count 1 shall enter as I have 4:00 no sentence agreement
2:02:39
and Count 3 that was added pursuant to that plea agreement
2:02:43
would be dismissed. I.
2:02:45
Did that because of the advocacy of Mr. Anderson he actually got
2:02:50
me feeling bad for Mr. Leggings and that was provided with some
2:02:55
health information for him and said as someone we ought to we
2:02:59
ought to try to do something here.
2:03:00
So let's do this. Let's let's reduce this.
2:03:02
Let's not put him in our jail and let's let him just for one
2:03:05
year that's. All.
2:03:06
It's going to take is one year let.
2:03:08
Him prove to. Us that he can get a job or
2:03:11
volunteers time or just sit in the house and watch TV.
2:03:14
But for heaven's sake, let's stop with the drug.
2:03:16
Dealing and having. Guns and we didn't make it very
2:03:19
long at that point. We then had bond violations
2:03:24
because we picked up the new file that.
2:03:26
Being the. 20. 56131 file while he was on the one year delay
2:03:33
where there was a raid at where he was at and he was sitting on
2:03:37
a bed with a. Bag of oak on the bed.
2:03:39
And other items in the room that oddly enough also contain the
2:03:44
medical information that had previously been provided by
2:03:46
council to get me to give him a deal.
2:03:52
I then instead of having him getting sentenced.
2:03:55
Pursuant to the. Guidelines on this case with
2:03:58
with no agreement still. Somewhat.
2:04:04
Failing for Mr. Leggings, we entered into this agreement
2:04:06
where I'm. Going to say.
2:04:07
That he only does the 24 months I've practiced in front of your
2:04:10
honor enough to know that this court does not take kindly to
2:04:13
drug. Dealers.
2:04:15
This court does not take kindly to people not.
2:04:17
Following. The court's orders and that
2:04:20
situation for Mr. Leggings possibly could be a lot worse.
2:04:23
I note in that new file that he got charged with while on bond.
2:04:27
His guidelines if I remember correctly start I think it's 70
2:04:30
something months. Today I was provided by Council
2:04:34
a packet from CMH with a treatment plan for Mr. Leggings.
2:04:39
It appears. As though he.
2:04:40
Was ordered no bond by this court in September of 25 and
2:04:45
then in December of 25, CMH came out and gave this treatment
2:04:49
plan. And I think the prospect here is
2:04:52
that even though there's an agreement that there's a fixed
2:04:54
minimum of 24 months. Mr. Leggings.
2:04:56
Would like to ask this court. For some kind of treatment.
2:04:58
Well, it's my. Position you can get that.
2:05:01
At this point in time I have nollies for the.
2:05:04
Dismissed. Files 23969 FH, I'm going to be
2:05:08
dismissing another high severity felony delivery of less than 50
2:05:12
grams along with possession by a felon of a firearm, possession
2:05:16
of ammunition by a felon and a felony firearm charge.
2:05:20
And then in 25369 I'll be dismissing firearms possession
2:05:25
by a prohibited person, controlled substances,
2:05:27
maintaining a drug house as an habitual Thunder 4th.
2:05:30
And. Then finally.
2:05:31
In the 25. 131 FH file. I will be dismissing the
2:05:35
controlled substance delivery manufacturer of methamphetamine,
2:05:39
the controlled substance delivery manufacturer of less
2:05:41
than 50 grams, the weapons ammunition possession by a
2:05:44
prohibited person, the weapons dangerous weapon possession
2:05:49
miscellaneous and habitual Thunder for notice, the
2:05:52
defendant has 9. Prior.
2:05:53
Felonies on his record to. Think that he wasn't.
2:05:56
Afforded some form of treatment or help at some point in time.
2:06:00
That would be naive of us, so I'm asking the court.
2:06:02
To follow. The agreement the defendant has
2:06:05
earned his 24 months fixed, he's earned quite a bit more, but
2:06:08
that's where we're at. He has.
2:06:11
Almost a year. Getting close to a year of
2:06:13
credit. And then he can.
2:06:15
Do his time on parole and have a nice towel if he decides to
2:06:18
continue with this. I don't see the problem here as
2:06:21
Mr. Leggings being just a user and having a substance abuse
2:06:24
problem. He's.
2:06:25
Always called large quantities. There's always there seems to be
2:06:28
guns and ammunition nearby. Tells me he's a drug dealer,
2:06:31
tells me he's peddling drugs to the community.
2:06:33
He's not working. He's not paying his taxes like
2:06:35
the rest of us. And at this point in time, I
2:06:38
think the message that needs to be sent is that he needs to go
2:06:42
to MDOC. I'm sorry he has health issues.
2:06:44
I'm sorry he appears in court today and has to sit down.
2:06:47
I would suspect that the. Michigan.
2:06:50
Department of Corrections has a much better system and it's
2:06:53
better equip to treat. And help.
2:06:54
Mr. Leggings, with whatever issues he has, I'm asking the
2:06:57
court, while it is a sympathetic situation, situation.
2:07:02
I'm sorry, it is a. Sympathetic situation.
2:07:04
Thank you. And he is 67 years old.
2:07:07
He has earned this. And I'm asking the court to
2:07:10
follow our agreement. Thank you.
2:07:12
So the question I have is the agreement was for a fixed 24
2:07:16
months. Has he were any of these
2:07:18
violations after that agreement? Did he violate this agreement?
2:07:23
No. No, you're the new agreement we
2:07:25
have with the fixed 24 since it's been in jail.
2:07:27
So no, he has not. That.
2:07:30
That's correct. Haven't been any bond violations
2:07:34
as he's been in custody. Your honor, I know that you've
2:07:39
reviewed this pre sentence report and one of the things
2:07:42
that you looked at is probably the lengthy criminal history of
2:07:45
Mr. Legan's that spans multiple pages.
2:07:48
I do want to draw your attention to that.
2:07:54
Criminal. History and what you'll notice,
2:07:57
your Honor, is yes, it starts in 1983, starting with a larceny
2:08:02
over 100 and 198519. 8819. 91 where there's a controlled
2:08:11
substance and then we get to 2004 retail fraud second degree.
2:08:20
And what you will notice after those string of retail frauds,
2:08:24
which is this court is very aware of is very addictive.
2:08:28
An individual with a substance abuse problem is that you'll
2:08:32
notice from 2004 until 2018, what we have is a gap outside of
2:08:40
a few driving while licensed suspended, which were likely
2:08:47
suspended due to his substance abuse problems.
2:08:51
Now, I think that period of time is important because it does
2:08:58
show that the individual that Mister Leakins can be.
2:09:01
During that period of time, he was married, he was employed.
2:09:05
In fact, he owned a a business as a restaurant owner where he
2:09:09
also cooked. But also importantly, he did a
2:09:12
lot of self reflection as to his faith and in fact was engaged as
2:09:18
a pastor during that period of time.
2:09:20
Now what we see is after 2018, Mr. Legan's, my understanding is
2:09:28
at that point in time he went through a divorce.
2:09:30
He then got involved with the wrong individuals and began
2:09:34
using again. And so while Mr. Bourbon
2:09:41
indicates that Mister Legan is a dealer and yes, he is being
2:09:46
sentenced for possession with intent to deliver, as this court
2:09:51
is well aware, individuals often deal in small amounts in order
2:09:57
to feed their habits. Now that is what I believe Mr.
2:10:00
Legan was doing based on multiple conversations with him,
2:10:03
based upon, at this point in time, over 2 years of
2:10:07
representation and discussions with Mr. Legan's.
2:10:11
What he's indicated to me is pretty much, your honor, he's
2:10:17
too old at this point. He's too old to be doing this.
2:10:21
He's too. Old to be using.
2:10:22
He already has a plethora of health issues, diabetes, heart
2:10:28
problems, just. Ankle.
2:10:31
Problems and the use of substances only increases that
2:10:35
so. Your Honor.
2:10:37
The agreement is in my view what the agreement is as the court
2:10:44
was provided Mr. Legan's did reach out to CMH in terms of
2:10:50
setting out a treatment plan for him.
2:10:51
That recommendation was for him to get engage in inpatient
2:10:55
treatment. But what I also know you will
2:10:59
note in the presentence report is that during his incarceration
2:11:04
so far, he is engaged with cats in order to work on his
2:11:09
substance abuse. So it's not as though Mr.
2:11:12
Leagans has been sitting in the jail.
2:11:14
Being. Unproductive, not trying to
2:11:18
engage in what his demons are and his demons involve.
2:11:23
The use. Of illegal substances and legal
2:11:26
substances, namely alcohol. So, Your Honor, I do want this
2:11:31
court to be aware. Of.
2:11:35
Wow, we have this massive criminal history.
2:11:38
What we also have is that. Gap.
2:11:40
Of the individual that Mister Leagans can be when he is clean
2:11:44
and sober and away from, in my view, certain influence.
2:11:50
Now, in a what I'm going to call magical Christmas land world, we
2:11:57
would get Mr. Leagans out of Ingham County into an inpatient
2:12:02
facility like Bear River up north.
2:12:05
But I do understand what the agreement is.
2:12:10
I believe it's a fair agreement, but I wanted this court to be
2:12:14
aware of the information and the context in terms of that
2:12:19
criminal history. Thank.
2:12:21
You, You are a Zel's advocate, but what I see here is less than
2:12:27
stellar, despite excuses that you may have.
2:12:31
Sir, what would you like me to know it's.
2:12:34
Been a horrible talk and like I'm still going to be too too
2:12:38
Hard Rock there in a in a Stony place right now.
2:12:42
I come from a large family. I come from eight brothers and
2:12:47
four sisters and the only thing that in my family now is 2 boys
2:12:53
and one. Girl, all the rest.
2:12:54
Of them passed on and and a whole lot of them passed on
2:12:57
because I come to my family that use drugs a lot.
2:13:02
That's how I got. Onto it they.
2:13:05
Introduced me 1975 My family, My brother and sister introduced me
2:13:12
to drugs back then and I caught a habit of doing that all the
2:13:16
time. My mother, father, they
2:13:20
deceived. My father was an alcoholic, my
2:13:23
mother had some type of dealing with drugs, you know, my whole
2:13:27
family. And he called this fucking
2:13:29
family. And I was 15 and 16 years old
2:13:35
back at 75. I was just tagged along behind
2:13:38
them, what they did, you know, I see now that it was a bad choice
2:13:42
I made probably behind my brothers and sisters the way I
2:13:45
did. But seemed like everybody was
2:13:48
doing that back then, you know, So I kind of have gone behind
2:13:53
you and 83 I went to prison for retail fraud for I was still in
2:14:00
to maintain a habit. 2004 No, you go back to you go back to
2:14:07
19999901995K of 94 and 916 of 96.
2:14:19
My kid mother, they moved to Colorado with me and I had AI
2:14:24
only had a girl then and she came along we had another boy.
2:14:27
Then we had another girl. They diagnosed her with cancer.
2:14:33
And 9997 about a few months after the kid was born, they
2:14:39
diagnosed with cancer then and they ended up we went together
2:14:44
but we just kept our kids together mostly good.
2:14:48
And she ended up where she was so bad with that cancer they
2:14:52
were giving her. There were patches on her chest
2:14:56
and she was getting a real bad drug habit.
2:15:00
The drug habit was so bad where she figured that she didn't want
2:15:04
to get around her family no more.
2:15:05
So she up and left me kids. I took care of the kids myself.
2:15:09
I ended up having a drug habit myself messing with her pain
2:15:12
patches. And in 2004, chocolate tech age,
2:15:19
she came in talk to me because people they do it to me and call
2:15:23
chocolate. You know what I mean?
2:15:25
They came and talked to me and said they didn't call me because
2:15:28
it was a bad thing about you need some help calling, trying
2:15:32
to take care of your kid by yourself while you got to do
2:15:34
that. So we're trying to help you
2:15:37
right now so you can anybody in your family get your kids to get
2:15:40
yourself better. Gave.
2:15:42
My kids to my niece once she gets deceased last year in May,
2:15:47
she took care of my kids until I got myself better.
2:15:49
I ended up wanting to even come in jail.
2:15:52
I got a unity to come in jail with and I get suspended from
2:15:55
completion of rehab. And I get.
2:15:58
Back in cohesion retired and I ended up getting my kids back in
2:16:03
2007 at the same time I got my kids back from the state or my
2:16:08
niece. Their mother died same time
2:16:11
about a couple weeks later. In that month, I stayed in my
2:16:16
ground. I stayed clean until 2018.
2:16:20
I met a young lady in our church.
2:16:23
I ended up marrying her. And I woke up one day and just
2:16:26
realized this was the woman I married.
2:16:28
You know, she's still in stealing money out of cash for
2:16:31
this year, having affairs, have affairs behind my back to other
2:16:37
other churches. She's the first lady of our
2:16:40
church, but she walked out of our church and to somebody
2:16:43
else's church and and I find out I knew the person came by my
2:16:48
house to fight me in my own yard by my own wife.
2:16:50
It was just so there was so much where I just I did my best to
2:16:57
hold on to it, but there was just so many problems going on
2:17:00
where I know I was wrong in a lot of ways, but but put me in
2:17:05
prison right now ain't going to help though.
2:17:07
I'm thinking we just make the problem more worse than what it
2:17:09
is. I went to spring 2019 was a
2:17:12
problem and when I came out I still had that same problem.
2:17:18
I need some milk. I don't want to I don't want to
2:17:21
live this way. I'm 97 years old and I don't
2:17:29
know how much more time I got left in this life, but I know I
2:17:32
don't want to leave it this way. Getting high and doing things to
2:17:37
to get money to get out of it. I'm tired to throw myself to the
2:17:41
mercenary court just. Sir, it's not just this court,
2:17:47
but many courts, since it looks like from the history I have
2:17:52
since 1983, I've tried to help you.
2:17:54
And in fact, in 1985, there was even a prison escape.
2:17:59
You have told me a very sad story.
2:18:02
I believe that story. But at some point, you're not a
2:18:06
kid anymore, you're a man, and you don't look to illegal drugs
2:18:11
and alcohol to help you. And I understand that's how you
2:18:14
were raised. But we do have this what, 14
2:18:19
year gap where you are married, employed, crime free and learned
2:18:26
your lesson. And then something bad happens
2:18:29
and you went right back to drugs.
2:18:31
The problems are is you didn't just go back to drugs.
2:18:35
You didn't just harm you yourself and harmed others
2:18:39
because when you give, share or sell illegal drugs, you're
2:18:42
addicting or killing other people.
2:18:44
And you don't know how many people died at your hands, how
2:18:47
many people you helped with their addiction.
2:18:49
Get help, make it worse, or maybe somebody else start an
2:18:53
addiction. It's all connected, Sir.
2:18:57
What this is, this is the honest God truth.
2:19:01
I've never been a drug dealer. I've been a drug user.
2:19:04
I never deal with drugs. Nobody.
2:19:07
No, Sir. I have a history here.
2:19:09
Do you ever share your drugs? OK, That's called dealing.
2:19:13
OK. No difference.
2:19:16
No difference. I'm unclear what you think the
2:19:20
difference is. When you share it and you can
2:19:22
give it for free. You can get money for it.
2:19:24
You could get some permission to sleep on someone's couch,
2:19:28
whatever. You share it, You shared it, you
2:19:30
dealt it, and now I have to deal with you.
2:19:32
Your just reward, which is prison, That was your agreement.
2:19:37
That was not the initial agreement.
2:19:38
But now I have one file turned into four files over the course
2:19:42
of a couple of years. I am happy you finally want
2:19:46
treatment, but you're going to get it behind bars.
2:19:50
So there's nothing I can do. It's your agreement.
2:19:53
And Sir, I asked about whether or not you broke the agreement
2:19:57
because I think you ought to spend more time in prison now,
2:19:59
less. And I'm very sorry for your
2:20:02
health. But your drug addiction did not
2:20:05
help your health. The only one that caused your
2:20:07
demise was you. And this history is horrible.
2:20:14
There's no real remorse for what you've done here.
2:20:20
We have guns. We have property crimes, crimes
2:20:23
against the Department of Corrections, against law
2:20:25
enforcement and a lot of drugs. A.
2:20:31
Lot of drugs, Sir. And there in 2019 you were
2:20:36
ordered to complete Tricap and you've got me from treatment.
2:20:40
So maybe at six to seven years old you have treatment.
2:20:43
Now it's pending jail or prison I should say.
2:20:48
And you could have gone to treatment at any time on your
2:20:52
own, but you didn't. So I hope this time you avail
2:20:57
yourself of the treatment in prison.
2:20:58
They've gotten a lot better, but I cannot have any sympathy for
2:21:06
you at this point, especially since not only do we have
2:21:10
delivery manufacturer and we have heroin, cocaine, there's
2:21:15
lots of things, alcohol that you've abused, but multiple
2:21:19
pounds of firearms. I mean, we have people dying
2:21:23
every single day and firearms, addiction, drugs, selling or
2:21:28
sharing drugs, it all goes together.
2:21:30
This has to stop now, Sir. And if I didn't accept the
2:21:35
agreement, I would delay matters more.
2:21:37
So I'm going to accept the agreement.
2:21:43
So therefore, Sir, you are remanded to the Michigan
2:21:45
Department of Corrections for 24 months to 360 months with credit
2:21:52
for 248 days served. You'll pay a crime victim's
2:21:56
assessment amount of $130.00 and a state cost in the amount of
2:22:01
$68. Those will not become due until
2:22:04
two years after your release served.
2:22:06
You can return pop outs and get that paid off during that time.
2:22:11
You also once you are released, or maybe you'll do it before,
2:22:14
you need to clean up these civil infractions because they can do
2:22:17
a warrant and you can walk out of prison only to go back in
2:22:20
because you haven't paid those. So figure it out.
2:22:23
Maybe since you're arrested they'll withdraw the the money
2:22:25
you owe. Maybe that'll give you a time
2:22:27
extension. But you need to deal with that
2:22:29
Sir. You need to be accountable on
2:22:31
all fronts. You need to be crime free, drug
2:22:33
free, alcohol free, and not turn to drugs when you have a
2:22:39
problem. There's nothing in a divorce
2:22:42
decree that gives you the ability to have get out of
2:22:47
prison free card because you were so affected by the divorce.
2:22:54
You somehow have permission to violate the law and use and sell
2:22:58
drugs. So your excuses are simply
2:23:01
excuses that are fall very short.
2:23:04
Sir, I hope you use the tools you learn.
2:23:07
I do have and I looked at this treatment plan.
2:23:09
It's an exceptional treatment plan.
2:23:11
They did right by you. The only one not doing right by
2:23:14
you is you. Avail yourself of treatment in
2:23:16
prison. Follow a treatment plan, ask for
2:23:20
help, stay clean and sober. I think I noted that you have a
2:23:24
sister who might be like 97 years old.
2:23:28
You got longevity in your family.
2:23:31
You're lucky. You're blessed that way.
2:23:34
So you're also, by using all these drugs, killing that gift
2:23:39
that God gave your family. There were a lot of issues in
2:23:42
your family, but you could have stepped outside the drugs at any
2:23:45
of these times that you were before.
2:23:46
Multiple judges on these 10 felonies.
2:23:51
And there's much more because they were all plea deals.
2:23:56
So my hands are tied. You will be provided mental
2:24:02
health treatment and health treatment in regard to the
2:24:09
multiple issues you have physically and also in terms of
2:24:13
your addiction issues. You will attend a Ana or CA and
2:24:18
any treatment programs they have.
2:24:23
How do you support yourself Sir? SSISSC OR what?
2:24:33
All right, so you'll participate in any kind of trade school and
2:24:37
any programming they have for finding you a home, halfway
2:24:43
house, whatever they do in terms of the continuing treatment, as
2:24:47
well as perhaps applying for SSI.
2:24:52
Have you ever worked? What kind of work do you do?
2:24:57
OK, so you have the ability to get a job.
2:25:00
So you'll also be part of some kind of work seek program, both
2:25:04
on parole as well as while you're incarcerated.
2:25:08
They have different kinds of programs where you can learn to
2:25:13
do applications and do other things.
2:25:14
So I don't know what prison you'll be at, but you will avail
2:25:17
yourself of those things you need.
2:25:18
So once you walk out of prison you are no longer homeless or
2:25:23
without an employment. Sir, if this keeps up you will
2:25:26
die in a jumpsuit in prison. Would you like to die a Freeman
2:25:30
or an imprisoned 1? Well, that's.
2:25:34
The right answer? Let's figure out how to get
2:25:35
there. You know how to make good
2:25:37
choices. You're certainly articulate.
2:25:39
You have a 7th grade education, but you talk like you got a
2:25:42
college degree, so you learned a few things along the way, but
2:25:45
let's use them for good instead of evil.
2:25:47
Drugs are evil, Sir. They kill people every single
2:25:51
day. Gums kill people every single
2:25:53
day. Stay away from all of that.
2:25:58
Choose the right side and you know what it is.
2:26:01
Obviously you said you were a pastor, so I don't know what
2:26:05
you're going to say to God. But you.
2:26:07
Certainly turned your back on him.
2:26:09
He's still there. I understand he lives in jail,
2:26:11
in prison, people find him there all the time.
2:26:13
Maybe you can do some good to your fellow inmates and your own
2:26:18
rehabilitation, finding him in there and having a few heart to
2:26:22
hearts. You have 42 days to appeal and
2:26:25
to request a public counsel. I just want to make it clear
2:26:28
that he does get the credit for the 248.
2:26:31
Anything else? Given.
2:26:34
To the court the knowledge process for the other files that
2:26:37
will be received. Arranged and.
2:26:39
Your Honor, for the record, I am providing him a notice of rights
2:26:43
appellate review. Sir, do you acknowledge
2:26:46
receiving your appellate rights, your reportage days to appeal,
2:26:48
to request appellate counsel to acknowledge that?
2:26:51
All right. Thank you.
2:26:52
Court sign of analysis. If you wait a moment, counsel
2:26:55
make sure you get your copies. Thank you.
2:26:57
Thank you. That's all for the record.
2:27:01
All righty friends, we're all ready to wrap it up here in
2:27:06
about 15 or so minutes here on TCF Live on this Fine fine
2:27:09
Wednesday. But we got.
2:27:10
Time for one or two more things. Let's go down to Louisiana and
2:27:14
visit with our good, good friends at the Parole board.
2:27:18
OK. Good morning.
2:27:19
Good. Morning.
2:27:22
OK. Is this Gabriel Francis?
2:27:26
Yes, ma'am. OK, Gabriel Francis, you're here
2:27:30
for a parole revocation and my name is Carolyn Stapleton.
2:27:36
And today is May the 20th and I'm from headquarters and
2:27:40
headquarters staff. Will you introduce yourself,
2:27:43
please? Thompson and Jasmine Thompson.
2:27:48
OK. And on the panel today is
2:27:50
myself, Carolyn Stapleton, Pete Freeman and Steve Prater.
2:27:56
So I'm going to, I'm going to ask you, do you have AI want you
2:28:00
to introduce yourself with your DLC number, please?
2:28:03
Gabriel. Francis 5040202.
2:28:08
OK, do you have a questionnaire? Yes, ma'am, I believe so.
2:28:15
Yes, Sir, According to how you answered the questionnaire,
2:28:20
you're not considered eligible for appointed counsel.
2:28:25
You're aware of that? No.
2:28:27
Ma'am, I wasn't aware of that. OK.
2:28:31
Did you want to retain or hire your own council?
2:28:35
I mean, at this point I can't. OK.
2:28:38
OK. That's understandable.
2:28:40
OK, Well, thank you very much. OK.
2:28:43
So. Today, the person that is going
2:28:47
to be handling your case on the panel is Mr. Pete Freeman, and
2:28:51
I'm going to hand case over to him.
2:28:54
OK, Mr. Francis, I'm going to read the conditions that has
2:28:59
alleged you violated. You plead guilty or not guilty
2:29:02
and we'll discuss them as we go. Condition #4 We're not engaged
2:29:06
in any criminal activity nor will I associate with people who
2:29:09
are known to be involved in crack criminal activity.
2:29:13
I will avoid bars and casinos and I will frame from illegal
2:29:16
use of drugs or alcohol. You're on 2/18/26, you tested
2:29:23
positive for opiates and you also admitted that you used
2:29:28
marijuana on 3/3/26. How do you plead to those
2:29:34
charges not? Guilty.
2:29:37
OK. And also on 2/18/26 you
2:29:43
obstructed justice and that you would not give the probation
2:29:46
officer your telephone. How do you plead to that charge
2:29:50
not? Guilty.
2:29:51
OK, tell me about it. Please Sit up straight.
2:29:54
Don't. Don't sit like that.
2:29:55
No, I am sitting up straight like more OK.
2:29:59
No, that's good. You're good.
2:30:00
All right, So. So tell me what?
2:30:03
Tell me about the phone. I want to know about this phone.
2:30:05
Why wouldn't you give him the phone?
2:30:08
Because. When I got into the probation
2:30:11
and parole office he asked me to come to the back.
2:30:15
I got to the back and he asked me about a piss test.
2:30:18
Well I wasn't able to piss but I put like 2 drops of pee in the
2:30:22
cup and he said it was dirty for opiates.
2:30:27
I didn't know what opiates is and I told him no like it was
2:30:32
impossible maybe it wasn't enough peeing.
2:30:35
He didn't ask me he said well let's go get a second look.
2:30:39
So got back there to the office and he placed cuffs on me and
2:30:44
then they started reading in my rights.
2:30:48
Then I had the right to feel like this was all like a trick
2:30:51
or some kind of setup. So then once they Raven my
2:30:56
rights, then he said he asked me about my phone to go through my
2:31:01
phone. But to my understanding, you
2:31:03
just Raven me my rights, which I have a right to remain silent.
2:31:06
So I basically chose to remain silent and wouldn't allow them
2:31:11
to do anything because I didn't know.
2:31:14
I mean what you're charging me with what am I like what
2:31:17
criminal conduct did I engage in or anything for you this to but
2:31:23
it is basically to take place or for you to handle me like this,
2:31:26
right? OK, well.
2:31:27
Let me ask you this. I mean, did you sign a sex
2:31:29
offender contract when you placed on probation?
2:31:32
Yes. Sir.
2:31:33
OK. Didn't it say that they have a
2:31:35
right to look at all of your computers, telephones, any kind
2:31:40
of stuff like that? I.
2:31:41
Didn't really remember that part of it.
2:31:44
No, you. Don't remember that you couldn't
2:31:46
have any social media. No, I don't have any social
2:31:49
media. OK, when and you know, while we
2:31:53
had it, tell me about these phone calls with your mother.
2:31:55
I listened to them. Tell me, tell me what you was
2:31:58
trying to accomplish there. Me and me.
2:32:00
And my mom has the same basically account like she can
2:32:04
look at my account because it's basically her account.
2:32:08
I use a a phone number from off of her account.
2:32:12
We share the same accounts, right?
2:32:14
So whenever he told me that it was a social media account, he
2:32:20
said it was Facebook. Somebody told him I was on
2:32:22
Facebook and I was sending threats.
2:32:26
So when I got to the jail, I called her to make sure I wanted
2:32:31
her to see from her account. Like if she go and look up the
2:32:33
information on her account she would be able to see which when
2:32:37
she went and seen she didn't see no what what he was saying like
2:32:41
no social media it. Sound like, I mean, I ain't got
2:32:44
a lot of time. I listen to both telephones.
2:32:46
It didn't sound like that's what you was trying to do.
2:32:47
I was trying to make sure you weren't associated with any
2:32:51
Facebook accounts that sound like and you were trying to get
2:32:53
your name off. No, I told her to make sure I
2:32:57
wasn't on there at all, like make sure nothing was linking me
2:32:59
to that because he even though OK all.
2:33:04
Right. So, all right, so you was trying
2:33:07
to make sure that it wasn't linked to it?
2:33:09
Yeah, because I heard what he said.
2:33:12
So I just basically called her to make sure like look, take a
2:33:15
look at this and go to see make sure I'm not linked to none of
2:33:18
this. OK all.
2:33:20
Right, well, I'm going to go on and read the other violations
2:33:24
and we're going to hear from your probation officer, Miss
2:33:27
Melissa Bears. So hold on, Miss Bears, I'm
2:33:30
going to get to you. OK, so the other violations I'll
2:33:35
deal pretty much with the same thing.
2:33:37
I will truthfully and probably answer all questions directed to
2:33:40
me by my parole officer. 262-1826 They wanted to inspect
2:33:46
your phone. You failed to answer truthfully
2:33:49
about your phone stating you left it at work.
2:33:51
It was determined it was in your car and then once they got it,
2:33:56
you didn't want to give them the code to get in.
2:33:58
You saying that you didn't want to do it because they read your
2:34:02
rights and you wanted to remain solid.
2:34:04
Is that correct? I was just being and he knew
2:34:07
that because I was being sarcastic, I already had been
2:34:10
stated that I wasn't going to give him my phone.
2:34:12
So it was a basically a sarcastic statement like it
2:34:15
being like I left it at work, I left it in the car like because
2:34:19
I already made it clear that I wouldn't give him my phone after
2:34:21
you didn't read me my rights all.
2:34:23
Right and I agree with visit at my residence or place in park on
2:34:28
the rules at any time. I also agree the searches of my
2:34:32
person, property, residence and or vehicle.
2:34:35
But reasonable suspicion exists that I have been agreed to
2:34:38
criminal conduct. You plead not guilty to that and
2:34:42
it's the same thing you didn't want to let them expect inspect
2:34:46
your phone and then #10 you owe $18127.00 in fees.
2:34:53
Have you ever paid anything on your fees?
2:34:56
No Sir. OK, well you have a working
2:34:59
while you won't. Yes, Sir.
2:35:01
OK. Why you didn't pay on the fees?
2:35:02
Because I. Was paying rent.
2:35:04
I pay my rent. I paid to basically to live.
2:35:08
I mean, and I was going to pay it.
2:35:10
I mean, that month I got a call and I was going to pay it.
2:35:16
OK. Let's hear from Miss Melissa
2:35:20
Bayers. Miss Bayers, tell us, tell us
2:35:23
your side of what's going on. Well.
2:35:25
Mr. Freeman, I'm actually the supervisor of his officer, which
2:35:29
is Officer Cato. And on that date, on February
2:35:32
18th of 2026, when he was brought to my office for me to
2:35:37
do the electronic inspection of the phone based on those
2:35:40
complaints. That.
2:35:42
Officer Cato received he, he first acted like he did not have
2:35:47
the phone and then he also, I did give him his Miranda warning
2:35:52
due to my training, because in the event that criminal activity
2:35:56
was confirmed and I didn't want the evidence to be suppressed
2:35:59
because I didn't know. The.
2:36:01
Nature of that evidence and he refused to provide the passcode.
2:36:06
He refused to allow me to do the electronic inspection.
2:36:12
His his sex offender contract was brought to the office along
2:36:16
with his certificate and his file and I showed that to him
2:36:19
and he still continued to not allow me to do the inspection of
2:36:25
his phone. OK, thank you, ma'am.
2:36:27
OK, let's let's hear from his officer.
2:36:29
Mr. Cato, thank you for joining us today, Miss Boris.
2:36:33
Good morning. Good morning.
2:36:35
OK, tell, tell us what went on with with him and how he
2:36:39
violated his probation. Give me just one second.
2:36:43
I'm going to shut my office door, if that's all right.
2:36:45
Yes, Sir. All right.
2:36:49
So on the morning of February 18th of this year, I received a
2:36:54
phone call from Joycee Carter, who advised me that she was at
2:36:58
the courthouse filing for a petition for protective.
2:37:02
Protective. Order against Gabriel Francis.
2:37:06
She alleged that he had been sending messages to her and her
2:37:09
husband via Facebook Messenger and she then provided me with
2:37:15
the petition for protective order.
2:37:19
We looked up the name that she provided for his Facebook.
2:37:24
Miss Melissa and I looked at it on Miss Melissa's work phone and
2:37:27
it did appear that it was his active Facebook account.
2:37:31
Based. On the pictures on the Facebook.
2:37:34
So we called him in because we wanted to verify if he had
2:37:38
social media active on his phone.
2:37:40
We called him in that day. I did drug screen him.
2:37:45
He was only able to provide a very minimal samples, probably
2:37:49
about two or three drops, so not all of the lines even red, but
2:37:54
he was positive for opiates. His claim on that day was that
2:37:59
he had taken one of his own pain pills from an old prescription
2:38:04
that would have no longer been valid.
2:38:07
I asked him if he was able to provide that prescription to us.
2:38:11
He said it was not, but he said it was his own prescription,
2:38:15
just an old one. I did say we were going to get a
2:38:20
second opinion. That was my way of bringing him
2:38:23
back to the office. We had been instructed due to
2:38:29
the instant offense that he was on for that when we searched his
2:38:32
phone, we were to have him secured in handcuffs because
2:38:37
he's currently on supervision for disarming an officer.
2:38:45
We brought him back. Miss Melissa began to read him
2:38:47
his rights after we after I put him in handcuffs.
2:38:52
Explain to him you're not under arrest at this time, but we are
2:38:55
detaining you. Miss Melissa is going to explain
2:38:57
everything. She advised that we wanted to
2:39:01
check his phone for any illegal activity, she be able to read
2:39:06
him his rights. He refused to provide his phone,
2:39:08
said I left it at the office, I left that back at work.
2:39:11
He was working at a hotel, said I left it in the room there.
2:39:15
I explained to him was like you texted me when you first got
2:39:17
here, so there's no way you left your phone there.
2:39:19
He's like, well, I don't have it, I don't have it.
2:39:24
Finally, another officer went outside, was able to obtain the
2:39:29
car for obtain the phone from his sister who was parked
2:39:32
outside. And then he wouldn't give us the
2:39:34
passcode. We explained that, well, if you
2:39:37
refuse to do this, then we are still going to book you for
2:39:40
parole violations. And he said, all right, let's go
2:39:43
take me to jail. So at that point, we then I
2:39:47
served him that same week with a notice of preliminary hearing
2:39:51
with those violations. We reached out to the Attorney
2:39:55
General's office regarding the investigation for his phone
2:39:59
because we did confiscate his phone at that time.
2:40:03
Since that time, I don't know if if y'all have received it.
2:40:06
We had another preliminary hearing on Friday for him
2:40:08
because the Attorney General's office has issued A reps
2:40:12
warrants for four counts of unlawful use of social media and
2:40:17
two counts of failure to register as a sex offender.
2:40:19
OK. So do you?
2:40:21
Do you know what? They found on They did find he
2:40:24
had an account there. So.
2:40:26
That was through their searches of because they ended up
2:40:29
subpoenaing records from Meta for Facebook, Instagram and
2:40:34
Threads. So they were able to find if
2:40:37
they were never, I don't believe at this time, I don't know if
2:40:40
they've actually gotten into his phone, but they have found the
2:40:43
other information about them. Yes.
2:40:46
Yes. OK.
2:40:48
Does any of my colleagues have a question for Miss Baras or or
2:40:52
Mr. Cato? I don't OK all.
2:40:55
Right. I have no further questions for
2:40:57
the offender. Does do either of y'all have any
2:41:02
questions? I don't.
2:41:03
Mr. Prider, I. Have no questions.
2:41:06
Thank you. Ready to vote when the panel's
2:41:08
ready? Mr. Freeman, ready to vote?
2:41:12
You would vote the 1st. Yes, ma'am.
2:41:16
OK, Mr. Gabriel, I, you know, it's quite obvious you wouldn't
2:41:20
give him the phone and you sign the contract.
2:41:22
So that's the end of that. I find your violation of
2:41:25
condition #4 #7 #9 and #13 and my vote is to revoke.
2:41:32
Mr. Prater. Well, yes, Sir, my vote is to
2:41:35
revoke. Also when you get when you're on
2:41:38
a sex offender contract, you're not supposed to be on your phone
2:41:41
on social media and to find out or not, you got to let us
2:41:45
inspect it. And I think that you very hard
2:41:48
to supervise, very hard to deal with, got a horrible attitude
2:41:51
and in violation of the conditions mentioned by Mr.
2:41:54
Freeman. So you find that you revoking
2:41:57
for the same conditions, OK. And I concur with Mr. Freeman,
2:42:03
I'll revoke you also for for the conditions that you mentioned
2:42:07
earlier. So today, Sir, your, your, your
2:42:11
parole has been revoked and the time is 9/13 at Louise at
2:42:16
Lafayette Parish Correction Center.
2:42:18
So. If you're shocked by that one,
2:42:20
put a one in the chat. I'm not suspecting we'll see a
2:42:23
lot of ones so our three hours are up, but I've managed to get
2:42:28
a decent amount done while we've been streaming this morning so
2:42:31
we're going to go a bonus 30 minutes.
2:42:33
I hope to get back to 4 hours soon but I've just been so
2:42:36
behind on work but today. We have a little.
2:42:38
Extra time. Let's go.
2:42:42
Oh, so many choices. Michigan back to Judge Simpson
2:42:46
and good morning mayor please Coriano Attorney Damien Cass P
2:42:48
number 85852 appearing on behalf of the second case for Mr. Brian
2:42:52
Blair and Mr. Blair, if you can here state your name for the
2:42:54
record. Byron Blair.
2:42:56
Thank you, Sir. Thank you mark.
2:42:59
What are we doing your Honor? After having a discussion with
2:43:03
Co Council on this and with Brother Council APA who
2:43:07
received. The.
2:43:09
Offer last night and at this time we're we are not willing to
2:43:13
accept that current offer and would like to set a final
2:43:16
settlement conference in both cases.
2:43:18
Very final settlement conference will be set June 5th, 2026, 9:00
2:43:22
AM. Jury selection if necessary.
2:43:25
June 8th, 2026 at 8:30. Both of those proceedings are in
2:43:31
person. Thank you your honor.
2:43:34
Body will continue to work. Hold on to work.
2:43:38
Hold on. I have to be in person.
2:43:41
I'm sorry. Yes, those are in person to
2:43:43
date. June. 5th for jury Final
2:43:46
settlement conference, June 8th. For.
2:43:49
Jury selection. OK in person.
2:43:52
Thank you, Bond. We'll continue.
2:43:54
Thank you. I have anything else?
2:44:01
So Hugo. Mac.
2:44:03
Let us know he's running late. You.
2:44:05
Do have your recall from Miss Barnwell are?
2:44:08
You ready Miss Barnwell yet? Everyone's more, I mean.
2:44:11
Hopefully it's show up on the zoom but.
2:44:14
OK, I'll show you. So you're going to do it.
2:44:19
OK, Dad, somebody. 'S calling me right now.
2:44:23
OK, sorry that somebody. That's important for all of us
2:44:26
or you just letting me know. Hello.
2:44:28
No, I'm kidding. Go.
2:44:31
I'm just can I just go? Go.
2:44:34
Go, go. No.
2:44:36
Somebody was calling me too, but I didn't tell him.
2:44:38
I mean, I would have think it was a client.
2:44:44
What's his name? Well, let's hope it is so and
2:44:51
we're waiting on. I.
2:44:54
Don't have a watch today out of here.
2:45:01
And Mr. Mack was coming from downtown, Yes.
2:45:04
Sir, Alright. Something like that.
2:45:08
The jail is up. The jail is up.
2:45:10
Are they ready? Are you Mr. You need more?
2:45:14
I will make do with what I have. I don't want to.
2:45:17
No, no. I mean, we'll.
2:45:19
I want to make sure that you have what you need.
2:45:22
But why don't I do this? Let Miss Barlow know.
2:45:26
I'll come back out. We'll call her case.
2:45:30
I've got to win on Mr. Mack. That and that block.
2:45:32
We can get set up for the next block.
2:45:34
See where Mr. Cook is? So I'm quarter standing in
2:45:37
recess and Ross. All.
2:45:42
Righty, I guess we're not getting much out of him at the
2:45:45
moment then. But let's go back down to the
2:45:47
board. They have a new contestant all.
2:45:50
Right, my name is Carolyn Steps. I'm chairman today on your panel
2:45:56
and you're at Bossier Parish medium security facility.
2:46:01
Anyone in the room that would on needs to introduce.
2:46:05
Themselves. I'm sorry I can't hear y'all.
2:46:09
Can y'all get closer to the? Speaker, please.
2:46:12
Deputy Danford here for the closure medium and Jason Johnson
2:46:15
with the Steve Hall program. All right.
2:46:17
Jason Johnson. OK, thank you.
2:46:21
OK, so the time is now 9/26 9:27 and it's May 20th and I'm going
2:46:31
to get you Mr. Carter. Well, let me tell you panelists
2:46:34
today. Myself, Carolyn Stapleton, Pete
2:46:37
Freeman and Steve Prater is on the panel today and the date is
2:46:41
May 20th. Mr. Carter, will you please
2:46:44
introduce yourself with your name and your DOC number for the
2:46:48
record? Carter.
2:46:49
My DOC number is 5. 41073. OK.
2:46:53
Thank you, Sir. OK, at this time your case has
2:46:58
been assigned to to me, so I'm going to read out the the rule
2:47:03
violation. At your revocation hearing on 12
2:47:07
or 2025, in lieu of revocation, the board ordered you to
2:47:11
complete the long term DLC substance abuse program.
2:47:16
You felt satisfied, satisfactorically complete the
2:47:20
program due to rule violation #7A disrespect and rule
2:47:27
violation 5 the aggravated disobedience.
2:47:32
How do you plead for this, Sir? Guilty.
2:47:35
OK, all right, Well, let's just go over to Mr. Johnson, who is
2:47:42
from the program, and see what he has to say.
2:47:45
Also, because you you did come today, I'd like to recognize
2:47:49
you. Mr. Johnson, you have anything
2:47:51
you'd like to say? OK.
2:47:53
I'm sorry, I forgot to ask you. Did you get a questionnaire,
2:47:56
Sir? Do you remember a questionnaire?
2:47:59
We can put it up on the screen. Yes, Sir.
2:48:01
Mr. Carter. OK.
2:48:03
Do you recognize that? No, ma'am.
2:48:05
This is no, ma'am. Hang on one minute.
2:48:09
We're going to get it. Is there a chance we can turn
2:48:11
that volume up there or he can sit very, very close, something
2:48:15
with Bosure? So.
2:48:19
We can barely. It is true.
2:48:20
It's very difficult to hear you. You need.
2:48:24
Can you speak up a little more, Mr. Carter?
2:48:26
Yes. Ma'am, OK.
2:48:29
That's that's a little bit better.
2:48:31
When you raised your head up, I can hear you a little bit
2:48:33
better. OK, Yes, ma'am.
2:48:35
What about now? Yeah, I can hear you.
2:48:37
How about Mr. Prater? Mr. Brim?
2:48:40
Can you hear him? I can.
2:48:41
Hear him, but he's still pretty sorry.
2:48:45
It could be turned up louder. Something wrong with the volume
2:48:47
there because we could couldn't even hear the deputies.
2:48:50
No, we couldn't. OK.
2:48:52
Do you recognize that questionnaire, Mr. Carter?
2:48:55
Yes, ma'am. OK.
2:48:56
Based upon that questionnaire, you are not eligible for
2:49:01
appointed counsel. OK.
2:49:04
All right. Thank, All right.
2:49:05
And you plead guilty to the rule violations that I just read,
2:49:10
correct? OK.
2:49:13
Mr. Freeman or Mr. Prater, do you have anything to say Ready?
2:49:17
To vote, Ready to vote, OK. Mr. Carter, based upon the fact
2:49:22
that you pled guilty to the rule violations today, you're which
2:49:28
was violation number 7 and violation #5 your parole has
2:49:32
been revoked. And.
2:49:34
That concludes our Yes, we. Just said we were ready to vote.
2:49:40
We hadn't voted. Oh, I'm.
2:49:42
Sorry, I did that again. OK.
2:49:44
Mr. Freeman and Mr. Brett, I just passed it all up.
2:49:47
I'm sorry, Mr. Freeman. What is your vote?
2:49:51
OK, my vote is to revoke. He admitted violation condition
2:49:54
number 7 and. Mr. Prayer, I.
2:49:56
Prefer Revoke Committed to violation condition #7.
2:50:01
OK. All right.
2:50:03
So based upon your plea of guilty to violation #7, the
2:50:09
board members, including myself, have revoked you violation #7.
2:50:16
You've been so bad, Mr. Defendant, Sir, that I don't
2:50:19
even need to call on my fellow board members.
2:50:23
I know exactly how they're going to vote.
2:50:26
We're just going to go ahead and revoke you.
2:50:29
Oh. Wait, maybe we should get votes.
2:50:33
All right, let's head back up to Michigan.
2:50:37
Judge McNally, it's. B24B147-O75.
2:50:42
B24B147-O48C24B147-O75A24B147-O48A. OK, go ahead.
2:50:52
Your appearance. Yeah, thank.
2:50:54
You, Sir. Good morning, attorney.
2:50:55
Times Sports. P77177.
2:51:01
I can't hear a word you just said.
2:51:04
It's got 24 cases. These are 24 cases, right?
2:51:08
It just didn't show up. Is that what happened?
2:51:11
I. Believe so.
2:51:13
It's actually October 23, kids. You live in Brownstown?
2:51:18
Yes. Sir, why?
2:51:19
Didn't you show up on these cases?
2:51:21
Did I arraign him? You did.
2:51:23
Did I set up cash bond? I.
2:51:26
Believe he did. He was in, He wasn't.
2:51:29
In custody at first. OK.
2:51:32
Does he work? No, judge, I've just asked that
2:51:35
he doesn't and I would ask if the vote would consider
2:51:38
declaring him digits so I could try to get him some experts
2:51:42
through the count. Well, you're.
2:51:43
A retained lawyer, though the. Counter judge.
2:51:45
Unfortunately he hasn't been able to finish payment.
2:51:49
I plan on seeing, I don't. Think I can do that?
2:51:53
Not if you're retained. I don't think I can do that.
2:51:57
I mean. I could be wrong.
2:51:58
If you want to fight something, Jimmy, I don't know what kind of
2:52:00
expert you want, but what is this alcohol?
2:52:05
You have my understanding here is that there's drugs involved
2:52:08
and the alcohol limit didn't go past due, so it's become a
2:52:12
little more. So what?
2:52:13
What are we doing today adjourning this?
2:52:16
Yes, Judge. Unfortunately the government
2:52:17
hasn't been able to use the video yet and I need to.
2:52:21
You might be able to affect that move.
2:52:22
It's all in the. Prosecutor, will you, John?
2:52:25
Did I tell you to go over and get printed?
2:52:28
Did you? When I was in custody.
2:52:32
Here. You gotta keep your voice up for
2:52:34
me, I was. Printed when I was in.
2:52:36
Custody here the day of quarter. Heather, this record was run on
2:52:40
May the 12th. Would you double check and see
2:52:43
if he's? I don't got all kinds of files
2:52:45
here. Yes.
2:52:46
I'll run a new record right now, Judge.
2:52:48
Your. Name Caitlin Foley car in
2:52:50
Boston. Township.
2:52:51
Mr. Courts is asking about a video.
2:52:53
Is the video still in existence it?
2:52:55
Is brown. I'm just waiting for the Police
2:52:57
Department to evict the necessary of actions and I'll
2:52:59
get that right over to them. Guess.
2:53:01
We're having a hard time getting police reports from Brownstown.
2:53:04
That's. What I heard I always schedule
2:53:06
police. Reports on this.
2:53:07
Week. When I.
2:53:09
Had to go to the file. So you should have, I thought.
2:53:12
So I thought, So when's my next Brownstown day, Heather?
2:53:16
Next one is June. 17th. All.
2:53:20
Right. We're going to have to set a
2:53:21
trial date too on this. So I'll set this for a pre trial
2:53:27
on June the 17th at 8:30 in the morning and then I'm going to
2:53:31
set a jury trial. We're going to have to pick a
2:53:33
Friday, I think in July or what have you.
2:53:36
OK, let's take. A look well, you are off July
2:53:40
10th. Let's go and.
2:53:43
Then the 1st Friday. Is a holiday, so July 17th would
2:53:48
be the first Friday. Is that good with everybody I
2:53:51
got? It judge if at all possible the
2:53:54
24th would be more I can go is that.
2:53:56
Good with you. All right, so we're going to
2:53:58
have July the 24th at 8:30, final pretrial, that's the jury
2:54:04
trial, the final pretrial June 17th at 8:30.
2:54:09
Any and all motions to be filed by June 3rd and heard on June
2:54:16
17th, Judge. I did get the new record back.
2:54:21
It is showing that he was fingerprinted on the.
2:54:24
On. Charge for October 6th.
2:54:26
Thank. You.
2:54:27
So that's what we'll do. I'm only writing on one of
2:54:29
these, Heather, if you can just note that if you would.
2:54:33
OK, so you're all set. You can go down the hall and get
2:54:36
your notice. Bond is continued.
2:54:39
Anything else, Council? Anything else?
2:54:42
I don't know what's here. Police reports I I had three
2:54:46
sentencings out of Brownstown and I didn't police report on
2:54:49
any of them if. They never happened today.
2:54:52
Yeah, I can. About you.
2:54:52
Yeah, I know. I know you would.
2:54:54
I get it. All right, Thanks a lot.
2:54:57
Thank you both. Have a good day.
2:54:59
Kayla. Nicole Zarnick, 265415211, your
2:55:03
name. You're going to set a formal
2:55:06
hearing on this? Yeah.
2:55:08
I can update everything well. That isn't the issue ma'am.
2:55:12
I you shouldn't be setting a formal appearing on an expired
2:55:15
plate on the basis that you can't pay it now.
2:55:19
If you're responsible of it, I can give you time to pay.
2:55:23
The officer told me when I he gave me the ticket, if I got it
2:55:26
within 10 days, you could get waived.
2:55:28
And then I found out that wasn't an option here.
2:55:31
So that's why I was just. Did you get your plate renewed?
2:55:34
I mean, I can set a formal hearing if you want, but that's
2:55:38
too. Much.
2:55:40
No, no, if you want to do any it just it's pretty basic.
2:55:43
Either you were or you weren't. This isn't a criminal charge and
2:55:47
I'm just telling you if it's how long was it expired?
2:55:50
I mean, if your basis for setting a formal hearing is
2:55:52
because you can't pay it today, I can give you time.
2:55:57
If you want a formal hearing, I'll give you a formal hearing.
2:56:00
It's an expired plate is pretty cut and dry, but I'll be glad to
2:56:04
do that for you if that's what you want.
2:56:05
I don't want to talk to you out of doing something you want to
2:56:07
do. I'm.
2:56:11
Sorry, I can. Just take more time, that's
2:56:13
fine. Instead of the hearing so.
2:56:16
You you want a plead responsible, Sure.
2:56:19
I don't want to talk you into it.
2:56:20
If you want a formal hearing, I'll give you a formal hearing.
2:56:23
It's OK, OK. To the charge expired plate, you
2:56:26
plead responsible or not responsible.
2:56:29
And you? Have your registration with you
2:56:31
now? Yes, this citation was issued on
2:56:34
April 12th. When did you go and get it?
2:56:38
April 27th and. When had it expired?
2:56:41
That's quite a waste. Look, I'll make it $100 for you
2:56:46
and I'll tell me when you can pay this.
2:56:49
I'll be happy to give you time to pay next.
2:56:51
Week. I can give you more than that.
2:56:56
OK. I'll be glad to give you until
2:56:59
about June the 5th. Is that good?
2:57:02
If you need more time, you call the court or come in here on
2:57:04
before that due date. I'll be happy to give you an
2:57:06
extension. OK.
2:57:08
All right. Best of luck to you.
2:57:09
Thank you. Michael Carter Burke here.
2:57:12
He's. In let me get him out of the
2:57:15
breakout room. Who's his lawyer?
2:57:17
Does he have one miss? Patillo and we.
2:57:21
Do have another in custody out here that Mister Carmen has,
2:57:24
that is Mr. Edmonds. Michael Carter Burke I have two
2:57:38
4I7 O 2893 and I have 26I-4153-O four.
2:57:46
Just wait one second. Mr. Burke.
2:57:48
Your lawyer's on her way in. Good.
2:57:57
Morning, Miss Patillo. I did, Mr. Burke, your your
2:58:02
appearance, Yeah. Patillo, the 82378 On behalf of
2:58:06
Mr. Burke, Mr. Burke your name Michael Cutterberg.
2:58:10
So let's take the flea and elude he he pled to attempt unlawful
2:58:15
use, which is a one year and I just simply find them in order
2:58:20
them to serve the jail time and he asked to serve 274 more 275
2:58:26
more days if fines and costs are not paid is what I ordered and
2:58:31
he was he's in custody. He didn't show up for a show
2:58:34
cause for ferry to pay back on March the 4th.
2:58:40
Ultimately a bench warrant was issued and was brought in on May
2:58:43
1. I gave him a 6010% bond on that
2:58:48
case and then on May the 6th, I reduced it to 6000 PR.
2:58:55
The same thing on the other case.
2:58:56
He pled guilty to possession of drug paraphernalia on May the
2:59:00
6th. I did not order a present
2:59:03
reporter A screening anything. I mean, is he going to plead
2:59:07
guilty to the failure to pay or does he wish to have a hearing
2:59:11
he. Doesn't wish to have a hearing
2:59:13
on an He can't. Pay.
2:59:16
Who he's released does. Have this trust fund.
2:59:19
He just has to go with his sister to get the money and he
2:59:22
indicated that his sister has put some.
2:59:24
Money into. His bank account.
2:59:27
But. He just has to get out to get to
2:59:29
it to pay. So is.
2:59:30
He going to plead guilty? Yes.
2:59:32
If you plead guilty here, Sir, you could get 275 days for
2:59:36
failure to pay. Do you understand that?
2:59:38
Yes, I do. You have the right to a hearing.
2:59:40
If they have hearing. You have the right to
2:59:41
questionnaire witnesses, to bring in your own, to use the
2:59:44
subpoena powers the court to bring in your your own
2:59:47
witnesses. You have the right to testify or
2:59:48
remain silent. They have to prove by a
2:59:50
preponderance of the evidence that you're guilty in order for
2:59:55
you to be convicted of failure to pay.
2:59:57
Do you understand that? Yes, I do do the.
3:00:00
Charge that you failed to pay $785.
3:00:05
How do you plead? I plead guilty.
3:00:07
Did. You fail to pay.
3:00:09
I failed to pay and I. Wanted you to pay 50 per week
3:00:12
beginning November 7th of 25, right?
3:00:15
I didn't know about that but I'll I'll definitely start doing
3:00:18
that or I can pay. When I get.
3:00:19
To my too much money on the account slow down.
3:00:22
I'm sorry I gave you, I gave you time to pay when I sentenced you
3:00:25
back on August the 12th right OF25I.
3:00:29
I I think. You told me to come show off.
3:00:31
And. Then you made an agreement.
3:00:33
I didn't show up for the agreement.
3:00:34
When you made the agreement for me, I didn't know about.
3:00:37
I didn't know what what it was but he told me to pay right now
3:00:42
I like my my sister put some money in my account so I can
3:00:45
either start. Doing sure, sure, yes.
3:00:48
Just answer my question. I I ordered you to pay $725.
3:00:52
Yes, yes, she. Did and I.
3:00:54
And I gave you time to pay and you didn't pay, Correct?
3:00:57
Correct. Anybody force you to plead
3:00:59
guilty? No Sir, just got a.
3:01:02
Dilemma here you know that I accept your guilty plea to that
3:01:06
charge and I've also got a possession of drug
3:01:09
paraphernalia. I'm going to sentence you one.
3:01:11
He lives on Gray's drive. He doesn't show up.
3:01:14
He didn't do anything now he wants me to take him at his
3:01:16
word. Why can't he call his sister and
3:01:18
have his sister bring the money here?
3:01:20
I don't think I'm going to do this.
3:01:21
He's going to sit she. She she lives in.
3:01:23
Minnesota, I'm sorry. He can access the money that you
3:01:27
have. You.
3:01:28
You want me to treat you like a baby or no?
3:01:32
I have to go to probate court to get my.
3:01:33
My stocks, I have to sell them and I haven't been able to sell
3:01:35
them yet. It's been a little bit of a
3:01:37
process. You know what?
3:01:40
That's your problem. OK, I understand I.
3:01:43
I told you to come and talk to me if you couldn't pay your
3:01:47
fines and costs. You didn't pay, you didn't come
3:01:51
and talk to me. And then since then you've gone
3:01:54
out and committed another crime. I don't know what to do.
3:01:59
I'm I'm serious, I'm not going to just I'm not going to release
3:02:01
him on the off or if come that he's going to go out and get the
3:02:05
money. It doesn't sound like he has
3:02:07
real access. I don't care if he's a trust
3:02:09
fund baby or not. If he was a trust fund baby back
3:02:13
or is now he was back and August of last year did something
3:02:18
happen did did you just become this trust fund guy since August
3:02:22
25 I've. Just been waiting to sell the
3:02:24
stock and I just have never got. Around to it I've been, I've
3:02:27
been living. I.
3:02:29
Just I got to go. I.
3:02:31
Just got to sell the stock and I.
3:02:33
Was going to get an attorney and to handle somebody.
3:02:35
He's in the jail, so. Well, you got a big problem.
3:02:43
What his? Housing situation was.
3:02:46
The. For the first case, he does have
3:02:48
a place where. He's living in his mother's own.
3:02:50
Who am I hearing? Heather, I'm.
3:02:53
Not sure George, maybe the background from the jail.
3:02:57
Everybody else is muted. OK, go ahead.
3:03:00
Oh, he does. Have.
3:03:01
Housing. He lives in his mother's old
3:03:03
condo with his aunt. We He does help his aunt out.
3:03:06
She's 80 years old. She can't walk the best for
3:03:10
large amounts of money. He does have to go through
3:03:12
probate. For her, but.
3:03:13
Again, he indicated that his sister has put some money into.
3:03:16
His bank. He thinks.
3:03:20
He's under the. Impression that she put about
3:03:22
$1000. Which would cover.
3:03:26
No then. I don't know what to tell him.
3:03:28
It's his issue, it's his problem.
3:03:30
I I don't know what to tell you. Did you make any calls and try
3:03:33
to figure out a way to resolve this?
3:03:37
My aunt that someone took her phone and I've been I've been
3:03:40
trying to write her mail and I've read her wrote her about 5.
3:03:43
Letters I've been. Trying to call my sister and
3:03:45
last time I talked to her I was at the Groves Deal police
3:03:47
station. She said she was going to put
3:03:48
the money in the account so. It could be on my.
3:03:50
ATM card right now I just haven't got access to it.
3:03:53
I was waiting to see what happened here.
3:03:56
I I'm pretty. Sure that she.
3:03:57
Put the money in the account. Why did she I've?
3:04:04
Got my ATM. Card here at the jail.
3:04:06
That's the only way I can check it if I went to the.
3:04:07
ATM I other than that I really have no other.
3:04:09
I've got no other family, my mother, my sister and aunt.
3:04:19
I mean, she's. Been she's been helping paying
3:04:20
all the bills. I'm pretty sure she put the
3:04:22
money in there. She's been paying all my phone
3:04:24
bills. And out of the.
3:04:25
Trust and she's been paying the the tax figure.
3:04:28
Out a way to get access to a phone to call her and find out I
3:04:31
I've been. Calling her, she hasn't picked
3:04:33
up. I keep trying to call her and I
3:04:34
haven't haven't haven't ever picked up.
3:04:36
I've tried her twice a day. Yes, if.
3:04:40
If the ANAP was released this Wednesday or allowed, order has
3:04:48
a day at poverty. I mean can I check?
3:04:51
The ATM here and try to pay it from here.
3:04:54
I mean I I. I'm pretty sure the money should
3:04:56
be there. I don't.
3:04:57
Think they're? Going to.
3:04:59
Let him out to check they. Said they said I could pay the
3:05:04
bail but I wasn't sure what to do so I just sat here.
3:05:07
But I think there's money in the account, the ATM.
3:05:09
If I can. Pull it out of here.
3:05:10
I can pay the I can try to see if the money's there.
3:05:12
You don't have a bond. In this case, I gave you a
3:05:15
personal bond on May the 6th. What are you?
3:05:17
What else is he being held in? Heather?
3:05:23
Did we not change the bond on May the 6th from PR from 6010%
3:05:29
to APR bond? Oh, I.
3:05:31
Didn't know that was. There, yes, we did.
3:05:33
Judge. So they kept holding.
3:05:36
They never. Just let me, let me talk to
3:05:39
somebody for a second. Did we?
3:05:41
Did we? Did we submit a new paperwork on
3:05:44
the 6th? We.
3:05:47
Should Yes, we should. Have we sent paperwork over?
3:05:54
Does he have any other holes that you know of?
3:05:58
Not that I know of. Heather, I don't see where we
3:06:08
sent in another, another minimus.
3:06:12
Looks like I printed one. Do you have?
3:06:16
Somebody for just three O 4. Does he have any other cases
3:06:21
going on in this building? Not.
3:06:23
Not that I can see. Let me run.
3:06:25
Let me pull up his. Name.
3:06:26
Again on another screen here. On the Wayne.
3:06:29
County sheriff's side. No.
3:06:33
It just says. He's. 100,000.
3:06:46
Dollars. Don't have?
3:06:49
Environment as personal, but it's in here.
3:06:53
I set 6010% on May 1. May 6th I reduced it to 6000 PR.
3:07:00
All. Right.
3:07:01
The court may want to put it over and then if he's a.
3:07:03
If the Vegas are going to allow. Him to check the ATM and then
3:07:06
that way he would be able to tell.
3:07:08
The court who's the money is on who's?
3:07:09
Diana Burke again my. Mom that passed away in
3:07:12
December. She passed away almost two years
3:07:15
ago, December 2nd and. You took, you took away, you
3:07:20
took her vehicle. This was.
3:07:23
Someone stole it from me in Detroit and they never, Detroit
3:07:25
never made a police. Report about it.
3:07:27
I always and there's even. Precedence.
3:07:28
I brought. I brought.
3:07:29
Her car back a bunch. To go to the police even pulled
3:07:31
me over and took the. License plate off.
3:07:32
I always brought her car and. Brought it back someone.
3:07:34
Took it from me. And I got.
3:07:35
It I they gave me unlawful driving away.
3:07:39
I wasn't. Going to risk my inheritance
3:07:40
over a car. I.
3:07:44
Mean I'm I'm 50, almost 51. I've never had history of
3:07:47
stealing anything and this comes out of nowhere.
3:07:49
I've never I've been a thief in my life and I've never been a
3:07:52
violent person. All right.
3:07:54
I'm sorry. Give me one second.
3:07:57
My You already served 90 days plus this since May 1.
3:08:04
You've been in custody since May 1.
3:08:06
Is that right? Yes, Sir.
3:08:06
I. Was before May when I was in
3:08:08
Girls Deal for two days I was all all.
3:08:10
Right. And I initially gave you 90
3:08:13
days. Yes, I served those last year or
3:08:18
this year in the fall, in the summer of the summer.
3:08:24
Well, that's. Enough.
3:08:40
Here's. What I'll do Heather, let's make
3:08:44
sure we went over the paperwork on the on this case.
3:08:48
We're going to you're to pay 785.
3:08:51
I'm talking about in the attempt you unlawful use you're to pay
3:08:56
785 or serve 112 days credit 112 one credit 112 days.
3:09:02
So you don't have to pay that anymore.
3:09:04
I'm releasing you then on the drug paraphernalia, Sir. 21 days
3:09:08
deal. Credit 21.
3:09:10
Well, we're going to release you.
3:09:12
I hope you get your life in order, Sir.
3:09:14
I really do. Good.
3:09:16
Good luck to you. Thank.
3:09:18
You, I'm going to get my life in.
3:09:19
Order, Sir. Thank you very much.
3:09:20
You're. Welcome.
3:09:22
Thank you, Jess. You have beeno.
3:09:24
All right, friends, that will do it for today.
3:09:26
Thanks for hanging out with me for an extra half hour.
3:09:29
Be back tomorrow morning, 9:00 AM Eastern, 6:00 AM Pacific,
3:09:32
half an hour earlier if your channel member.
3:09:34
Tomorrow will be a Super Thursday since we're not doing
3:09:37
Super Friday this week because of the holidays.
3:09:39
So do join us then go have yourselves a great day.
3:09:42
Look forward to seeing you all tomorrow.
3:09:43
Take care, God bless.