Latest / The Courtroom Files / March 26 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #258

Transcript

March 26 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #258 · The Courtroom Files

0:01
Good morning everybody. Happy Thursday, or as Lindsay
0:04
put it in the chat, Junior Friday.
0:08
Welcome to TCF Live. My name is Dan.
0:10
I will be your host as we take the next 4 hour journey through
0:14
Courtlandia. It is admittedly a slow start in
0:17
Courtlandia this morning, but we do have Magistrate Chisholm, so
0:19
let's get going there. It'll be #1 and when you're
0:24
speaking with the attorney in the breakout room, court is not
0:27
a party to your conversation. There's somebody just said to
0:32
you, you get to talk to your lawyer.
0:34
And the court will not be. Listening to you, you're going
0:36
to go into a breakout. Room.
0:38
OK. Mr. Aman, I know I'm
0:44
mispronouncing your name. What is the correct way to
0:46
pronounce your name? Please?
0:52
You are muted. There you go.
0:53
Daniel Aman. Aman.
0:55
OK, Mr. Aman, we have Mr. Camacho in breakout room 1 and
1:05
put you with him now we've got Mr. Hallion.
1:12
Good morning, Yarda. Morning.
1:16
We've got Officer Bismack. Morning Yarda.
1:20
This is 26 BE 0049. This is a snow emergency ticket
1:26
that was issued on January 26th at 1:30 in the morning with a
1:32
car being parked on Oxford during the snow emergency.
1:36
You can admit or deny responsibility for that or you
1:39
can admit with an explanation. How do you wish to proceed?
1:44
I would like to. Deny the responsibility and
1:47
provide explanation. If you arrange your right hand
1:50
space to take the oath to commence the hearing, do you
1:53
swear or affirm that the testimony you've got to give in
1:56
this matter will be the truth? Yes, I do.
2:01
The officer testify first, please.
2:04
Yes, Your Honor, in this case, this was a situation where the
2:10
and the defendant can't correct me if I'm wrong on this, but in
2:14
this case, there is a situation where the snow emergency was
2:18
going to be activated on this particular date.
2:23
The department had us go out and write tickets on that date
2:26
starting at midnight. And for the residents of the
2:30
city, I could see how that could be confusing.
2:35
There's no emergency starting at midnight as opposed to our
2:38
regular 2 to 5 parking. In light of that, I'd like to
2:44
dismiss the vaccination. Alio, The ticket, thanks to the
2:51
officer's motion, is dismissed. The bond that you've paid will
2:55
be refunded. Thank you, Arnor.
3:00
You don't need to do anything. To make the bond refund happen,
3:03
it'll happen automatically. Understood.
3:07
So I can tell you the check will.
3:08
Be in the mail. That's a good news.
3:11
Appreciate that. Anyway, yes and.
3:34
This is Officer Borings. OK, Mr. Hammond, back with Mr.
3:47
Camacho. Yes, you're in here.
3:49
This is 2600281 people of the City of Royal Oak versus Manuel
3:55
Guerrero Camacho. Good morning, Your Honor.
3:59
Daniel Amin, on behalf of Mr. Camacho.
4:05
Mr. Camacho, will you state your full name, please?
4:08
Manuel Camacho Guerrero. All right.
4:14
Your Honor, at this time I'd like to waive any formal reading
4:19
of an arraignment and proceed to a pretrial.
4:24
Are you and your? Client consenting to conducting
4:26
this hearing on the Zoom platform.
4:28
Yes, your Honor. Yes, plead not guilty does
4:32
enter. The next step in the process,
4:35
Mr. Camacho, will be a pretrial conference.
4:38
You'll be notified of that conference date and time by
4:41
mail. OK, Your Honor.
4:44
Are you still on? Freedom Rd.
4:47
No, I'm not. I'll give them a new address.
4:51
Your answer's address. Go ahead, Your Honor, I sent the
4:54
court a letter with his new address, but he can go ahead and
4:58
tell you now as well. Go ahead.
4:59
Mr. Kamacha is 21632 Hancock St., Farmington Hills 48336.
5:25
And Mr. Erman, do you have this phone number?
5:28
Yes, yes, I have it. Can you?
5:30
Provide it to the court. Yes, it's 24899.
5:42
Thank. You I'll, I'll be representing
5:53
him in what capacity as an MIDC or as retained retained, your
6:01
honor. And that leaves us with bankers,
6:16
Your Honor. Mr. Camacho is a resident of
6:19
Farmington Hills. He's lived there for the past
6:21
eight years. He's been a resident of Michigan
6:24
since he's 16 years old. He has three children, all under
6:28
the age of eight years, which he is heavily involved with, caring
6:33
for and supporting. He is employed and I ask that
6:38
you just give him a personal bond.
6:47
Does he have prior contacts with the criminal justice system?
6:51
And I don't. Think he's been in contact since
6:55
the last time he's been in this court for a ticket was 2018.
7:00
I believe I was that I represented the then and I think
7:04
that is the last time I recall. Your Honor, Mr. Kwacha, the
7:13
purpose of a bond is not to punish somebody before trials to
7:17
make sure they show up. You've retained counsel, you're
7:21
here timely. There's no reason to believe
7:22
that you're not going to appear at the pre trial.
7:24
The bond in this matter will be $2500 personal.
7:29
You do not need to pay money to stay out of jail to the trial.
7:32
It's a personal bond. Just appears directed.
7:36
Keep in touch with your attorney and you are good to go today,
7:41
Sir. Thank you.
7:43
Thank you, your Honor. Thank you, your Honor.
7:50
OK, you can leave man. Thank you.
7:56
Mr. Steinberg is Mr. Steinberg.
8:13
Be scheduled. All right.
8:31
Good morning once again, everybody.
8:32
TCF live. It is Junior Friday, as Lindsay
8:35
put it. I like that one.
8:36
I think I'm going to keep using it.
8:38
So thank you, Lindsay, as always, a tremendous contributor
8:41
to the channel here. Let's do this.
8:44
Let's go to Lake County, Ohio. Judge O'Donnell is getting his
8:49
day started. This should be a hoot, Mr.
8:52
Franklin, I believe that annoying, voluntary, intelligent
8:55
guilty plea will be forthcoming. All right, Mr. Franklin, how old
9:00
are you? How far did you go through
9:03
school? Got Majigi?
9:06
Are you AUS citizen? Yes Sir.
9:08
Are you able to read, write, understand the English language?
9:10
Yes Sir. Prior to coming to court, have
9:12
you taken any drugs or alcohol or any prescription medication
9:15
within the last 48 hours? No, Sir.
9:18
Have you ever been diagnosed with or treated for any mental
9:21
illness? No, Sir.
9:23
Did you get a copy of the indictment in this case?
9:26
Yes, Sir. It's my understanding you're
9:27
pleading guilty to count 1. Having weapons while under
9:29
disability, a felony. 3 And then the remaining count will be
9:34
dismissed at the time of sentencing.
9:35
Is that your understanding? Yes, Sir.
9:38
Before I accept your guilty plea, I need to determine that
9:41
you know and understand the constitutional rights you'll be
9:44
waiving, the consequences of your guilty plea and the maximum
9:48
penalty I could give you. And I need to be satisfied that
9:51
you're guilty pleas being made freely, knowingly, and
9:54
understandingly deep. And I'm going to ask you
9:56
questions. If you don't understand a
9:59
question, let me know. If you want to talk to Mr.
10:02
Fatika some more, let me know that and I'll give you more
10:04
time. You understand that?
10:05
Yes, Sir, you have a constitutional right to have a
10:08
trial either to me or to a jury of 12 Lake County citizens.
10:11
Do you understand that right? Yes, Sir.
10:14
Are you waving that right? Yes, Sir.
10:16
If you go to a jury trial, all 12 members must agree to a
10:19
guilty verdict before you can be found guilty.
10:21
Do you understand that right? Yes, Sir.
10:23
Are you waving that right? Yes, Sir, if you go to trial,
10:26
the prosecutor will call witnesses to testify against
10:29
you. Do you understand the prosecutor
10:31
must prove you guilty beyond a reasonable doubt at a trial?
10:34
Yes, Sir. After the witnesses have done
10:36
testifying for the prosecutor, you have the constitutional
10:39
right to have your lawyer cross examine the witnesses.
10:41
Do you understand that right? Yes, Sir.
10:43
Are you waiving that right? Yes, Sir.
10:45
If you go to trial, you have the right to have witnesses come
10:47
here and testify for you. Do you understand that right?
10:50
Yes, Sir. Are you waiving that right?
10:51
Yes, Sir. If those witnesses refuse to
10:53
come to court, I'll issue an order called a subpoena to make
10:57
them come and testify. Do you understand that right?
10:59
Yes, Sir. Are you waiving that right?
11:01
Yes, Sir. You have the right to testify a
11:03
trial if you want to. Do you understand that right?
11:05
Yes, Sir. Are you waiving that right?
11:07
Yes, Sir. You have the constitutional
11:08
right to not testify a trial if you do not want to.
11:11
Do you understand that, right? Yes, Sir.
11:13
Are you waiving that right? Yes, Sir.
11:15
If you decide not to testify a trial, nobody is permitted to
11:18
comment on that decision. Do you understand that?
11:20
Yes, Sir. If you go to trial and you're
11:23
found guilty, you have the right to appeal the guilty finding.
11:26
Do you understand that, right? Yes, Sir.
11:28
Are you waving that right? Yes, Sir.
11:30
If you file an appeal, you have the constitutional right.
11:32
They have a lawyer represent you in the appeal.
11:34
Do you understand that, right? Yes, Sir.
11:36
Are you waiving that right? Yes, Sir.
11:38
If you could not afford to hire a lawyer, one would be provided
11:41
at no cost to you. Do you understand that?
11:43
Yes, Sir. If you file an appeal, you're
11:45
entitled to have a transcript of all the hearings in this case.
11:48
Do you understand that? Right?
11:49
Yes, Sir. Are you waiving that right?
11:51
Yes, Sir. If you could not afford a copy
11:53
of those transcripts, they'd be given to you at no cost.
11:55
Do you understand that? Yes, Sir.
11:57
If you plead guilty today, you will not have the right to
12:00
appeal the guilty finding. Do you understand that?
12:02
Yes, Sir. Do you have any questions about
12:04
any of these rights? No, Sir.
12:06
Do you still want to plead guilty to this charge?
12:09
Yes Sir, you understand. By pleading guilty, you're fully
12:12
admitting you're guilt to the charge.
12:13
Yes, Sir. You understand by pleading
12:15
guilty to this felony that you're voluntarily giving up
12:19
your freedom for whatever period of time I can sent you to
12:21
prison, to jail, or to community control.
12:24
Yes, Sir. Having weapons while under
12:27
disability in count 1 is a felony 3.
12:30
It carries a maximum prison term of 36 months and a maximum fine
12:34
of $10,000. Do you understand that?
12:36
Yes, Sir. Are you presently on post
12:38
release control to the Parole Authority?
12:42
You say I'm Mark. Are you on post release control?
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No, Sir all. Right.
12:46
Do you understand that your felony conviction prevents you
12:49
from owning or possessing a firearm?
12:51
Yes, Sir. Do you understand that if a
12:53
prison term is imposed in this case, you might have to serve a
12:56
period of post release control for up to two years as part of
12:59
your sentence under the parole authority?
13:01
Yes, Sir. If you are placed on post
13:03
release control and violate any conditions of parole, authority
13:06
could return you to prison for up to nine months for each
13:09
violation up to 1/2 of my sentence.
13:11
Do you understand that? Yes, Sir.
13:13
If that violation is a new felony, then you could get an
13:15
additional consecutive prison sentence for that violation, Do
13:19
you understand that? Yes, Sir.
13:21
And if that were the case, the maximum prison term for that
13:24
violation would be the greater of 12 months or the time left
13:26
under post release control. Do you understand that?
13:29
Yes, Sir. You also understand that if a
13:31
prison term is imposed, you are eligible for judicial release?
13:35
Yes, Sir. I could place you on community
13:37
control for up to five years, but if you violate any
13:39
conditions, I could send you to prison for 36 months.
13:42
Do you understand that? Yes, Sir.
13:44
Has anybody promised you I would be lenient on you just because
13:47
you're pleading guilty today? No, Sir.
13:49
Has anybody promised you what I will sentence you to in this
13:51
case? No, Sir.
13:52
Do you understand at the time of sentencing, I do not have to
13:54
follow this, the recommendation of either the prosecutor or your
13:58
lawyer? Mr. Have you had enough time to
14:01
talk with Mr. Fatika before pleading guilty today?
14:04
Yes, Sir. Has he discussed everything
14:05
about your case and answered all of your questions?
14:08
Yes, Sir. Are you satisfied with the
14:10
advice he has given you? Yes, Sir.
14:12
Have you been threatened or coerced in any way to plead
14:15
guilty today? Yes, Sir.
14:16
Are you freely, knowingly and voluntarily entering your guilty
14:19
plea? Yes, Sir.
14:20
Do you have any questions at this point?
14:22
No, Sir. Gigrich, if the case went to
14:24
trial, what would the evidence show?
14:26
Thank you, Honor. The facts would show that on
14:28
September 13th, 2025, the defendant was subject to a
14:33
traffic stop for a speed violation on Warden Road and
14:36
City of Wickliffe, Lake County, Ohio.
14:38
The officer detected an order of marijuana and alcohol.
14:43
While the defendant was looking for paperwork in the center
14:45
council of the vehicle, the officer observed the firearm.
14:50
The firearm was recovered by the officer.
14:53
There was a block pistol with the loaded magazine.
14:59
The defendant had previously been convicted of burglary in
15:03
the Cuyahoga County Common Pleas Court in case 06483345, which
15:10
would evident from having a firearm.
15:13
Thank you all. Right, Mr. Fatika, Anything to
15:15
add to those facts? No, Your Honor.
15:18
Mr. Franklin, did you hear what Mr. Geiger said, that the facts
15:21
would show if the case went to trial?
15:24
Yes, Sir. Are those facts true?
15:26
Yes, Sir. What is your plea to count?
15:28
1, Having weapons while under disability, a felony. 3 Good Mr.
15:33
Patika. Please.
16:48
Thank you. Mr. Franklin, is this your
17:06
signature on the written plea of guilty?
17:08
Yes, Sir. And did you sign it voluntarily?
17:11
Yes, Sir. Do you want me to accept your
17:13
written plea of guilty? Yes, Sir.
17:16
Yeah, I will accept the written plea guilty the finalist
17:18
President when Mr. Fatigue advise of all of his rights in a
17:21
knowing, intelligent, voluntary waiver.
17:23
He understands the nature of the charge of consequences of his
17:26
guilty plea and the maximum penalty.
17:28
Find out to be knowing, intelligent and voluntary will
17:30
accept the plea of guilty and find him guilty of count 1,
17:33
having weapons while under disability a felony 3.
17:36
I'll refer this for a pre sentence report.
17:39
Sentencing will be May 7th at 9:00 AM and the bond is
17:42
continued. Anything else Mr. Baggage?
17:44
Nothing, Aaron. Thank you, Katika.
17:47
No, thank you, Aaron. All right.
17:48
What? Morning once again everybody.
17:54
It's TCF Live. My name is Dan.
17:56
Good to have you here. We'll ride together for another
17:59
3 hours and 40 or so minutes, something like that.
18:03
Let's go down to Fulton County, Georgia.
18:07
This is their daily calendar. Judge Williams this morning.
18:14
Please roll. Call, she's saying OK.
18:17
Miss Brown, your case is 24 CR 006331.
18:22
Why you're charged with simple battery in this case.
18:25
You understand your rights this morning.
18:28
All right, Thank. Thank you, Missus Rocco.
18:32
Yes, Your Honor, for the simple battery position for the state's
18:38
recommendation is time served, we would ask the defense
18:41
stipulate the factual basis, venue and ID for purposes of the
18:45
plea and if we could sound for Miss Clay at this time.
18:50
OK, I'm sorry, what's Miss Clay's first name is?
19:00
Miss Clay. Present.
19:02
Is Miss Clay present all right? Do you so stipulate, Mr. Haddad,
19:08
and was that your understanding of the agreement today?
19:11
Yes and yes, Judge. All right, Miss Brown, please
19:14
raise your right hand. Do you swear or affirm the
19:17
testimony you give today? Be the truth to the best of your
19:19
knowledge. All right.
19:22
Thank you. You can put your hand down.
19:24
Are you under the influence of any drugs or alcohol that would
19:27
affect your ability to understand this proceeding
19:29
today? All right.
19:32
And speak as loudly as you can. Did anyone force you to take a
19:35
plea? Did anyone promise you anything
19:39
in exchange for taking a plea? And you understand by taking a
19:44
plea, you're giving up your right to trial by judge or by
19:46
jury, and you're giving up your right to have state prove these
19:51
charges against you beyond a reasonable doubt.
19:55
All right. And the time that you served in
19:57
the Fulton County Jail should close out your case.
20:01
And do you understand that taking a guilty plea may affect
20:04
other aspects of your life, such as probation, employment, other
20:08
open cases or things your attorney or I may not be able to
20:12
anticipate? Do you understand that?
20:16
Hey, are you satisfied with your attorney's representation?
20:20
All right. As to the charge of simple
20:22
battery, how do you plead? Miss Brown, I'm sorry, I need to
20:27
hear you. How do you plead?
20:31
All right. I accept your guilty plea.
20:33
Is there anything additional, Mr. Scirocco or Mr. Haddad?
20:36
No, judge. All right, Miss Brown, best of
20:39
luck to you. Take care.
20:41
If you don't have other holds or other cases, you should still
20:43
begin processing you out. We don't want to see you here
20:45
anymore. All right, Have a good day.
20:47
It's your honor before we move on.
20:49
How many days are they giving her credit for the time, Sir,
20:52
Remember. 11 days, Judge. I'm sorry, 11. 1111 days. 11 Is
21:02
that correct, Missus Rocco? You're on the state actually.
21:05
Can't advise as to. Right then, that's what I
21:08
thought, that we can't calculate the exact amount of days, but
21:11
whatever time she has served will close out her case.
21:16
Well, what was this intended sentence?
21:18
Let's put it that way. Missus Rocco, what's the
21:20
intended? Sentence.
21:22
Right, I understand that. But the number of days that you
21:25
intend, you have to you have to at least give us if you if you
21:29
intend for it to be a five day sentence and then whatever time
21:33
she would have served, you can't calculate you're right, you
21:35
can't calculate the amount that she has served satisfied, but
21:38
you can tell us what the time you.
21:41
Wish. For it to be.
21:44
Our recommendation should be served 22 days. 22 days.
21:48
OK, Thank you. All right.
21:52
What do we have next? Position 62 and 63, Miss Wilson.
22:03
OK, Miss Wilson, your case is 25 CR 007532C.
22:10
You're charged a simple battery in that case.
22:12
You also have 26 FTA 000523, which was a failure to appear as
22:19
put on the docket today. Do you understand?
22:21
You're right, Miss Wilson. All right.
22:26
Thank you, Mr. Cirocco. Yeah, sure.
22:30
Honor on the charter, simple battery.
22:32
The state's recommendation is 12 months serve, 24 days credit for
22:36
time served. We're asking for a 12 week anger
22:39
management. No further contact with Miss
22:42
Denise Wiley. Stay away from the Chevron at
22:45
6129 Old National Highway in Atlanta and 40 hours community
22:50
service. We would ask the defense
22:53
stipulate the factual basis, venue, and ID for purposes of
22:56
the plea and if we could sound for Miss Wiley.
22:59
All right. Is Miss Wiley, President and
23:03
Missus Scaraco. Does the state intend to now
23:05
process the FTA? Thank you, Your honor.
23:09
All right, Thank you. All right, Miss Wilson, please
23:12
raise your right hand. Do you swear or affirm?
23:15
The testimony against today will be the truth, to the best of
23:17
your knowledge. All right.
23:21
Thank you. And please speak up as loudly as
23:23
you can so that we can get this down.
23:25
OK. I'd like this to go smoothly.
23:28
Are you under the influence of any drugs or alcohol at this
23:30
time? No, Your Honor.
23:33
Did anyone force you to take a plea today?
23:36
No, Your Honor. Did anyone promise you anything
23:38
in exchange for taking a plea? No, Your Honor.
23:41
And you fully understand you're giving up your right to trial by
23:43
judge or by jury, is that again? Yes, All right.
23:51
What I'm asking is you understand there'll be no other
23:53
court dates about this. You're you're closing your case
23:55
today, all right? You're giving up your right to
23:57
have the state prove these charges against you.
24:01
Yes. And you fully understand the
24:03
requirements as explained to you by your attorney that you're
24:06
going to serve a 24 day sentence, you're going to take
24:09
12 weeks of anger management, have no contact with Miss Wiley
24:14
and stay away from that Chevron, and also complete 40 hours of
24:17
community service. Do you understand the
24:19
requirements, Miss Wilson? Yes.
24:21
You. Are and you are satisfied with
24:23
your attorney's representation? Yes.
24:28
I am the honor. All right.
24:29
As to the charge of simple battery, Miss Wilson, how do you
24:32
plead? Guilty.
24:35
I accept your guilty plea, Miss Wilson.
24:37
Is there anything additional, Mr. Scirocco or Mr. Hardan?
24:41
I. Know, Judge, my records show
24:44
that she spent 12 days in custody so shouldn't be a time
24:47
to serve sentence. Thank you, Judge.
24:48
All right. Thank you.
24:50
Best of luck, team. Miss Wilson, that concludes your
24:52
case. If there are no other holes or
24:54
other cases, you'll we'll begin processing you out.
24:57
OK. All right, that's 2627, Mr.
25:06
Harris, position 2627. That's going to be a plea.
25:13
The state has amended its recommendation to Tom Served.
25:18
That's correct, Judge. All right, Mr. Harris, your case
25:22
is 22 CR 000674C. This case you're charged with
25:28
battery. You also have a failure to
25:31
appear. Docketed is 26 FTA 000531.
25:37
Do you understand your rights today?
25:40
Thank you. All right, Missus Sirocco.
25:44
Yes, Your Honor, the state's recommendation on the battery is
25:49
going to be time served. And for that number we're
25:55
recommending serve 139 days, Your Honor.
26:00
And upon acceptance of the plea, the state will null process
26:02
position 27. The FK.
26:05
I'm sorry, I served. Served how many days, Mr.
26:08
Serago? 100 and oh, actually make sure I
26:14
got this right. Yeah, it's actually going to be
26:17
100 and 43 days. Judge.
26:25
We would, aside the fence, stipulate the factual bases,
26:27
venue and ID for purposes of the plea, and we would like to sound
26:32
for Mr. Anthony Chandler at this time.
26:34
So the additional requirements have been erased, including the
26:38
anger management. Yeah, given the time served
26:41
Judge, we're we're fine with that in this case.
26:43
And yeah, so we're fine with that.
26:46
And and I'm assuming you're also requesting the stay away or no?
26:53
Yeah, we're fine with the. The time served, balance
26:56
suspended, no further contact in the stay away.
27:01
All right. I'm sounding for Anthony
27:03
Chandler at this time. Is there Anthony Chandler on the
27:09
Zoom call hearing none. Mr. Haddad, is that your
27:13
understanding and do you so stipulate?
27:14
Oh good. Hear Judge.
27:16
All right, Thank you. Mr. Harris, please raise your
27:18
right hand. Do you swear or affirm?
27:21
The testimony here today will be the truth to the best of your
27:23
knowledge. Thank you.
27:25
You can put your hand down. Are you under the influence of
27:28
any drugs or alcohol at this time?
27:31
Did anyone force you to take this plea today?
27:33
No. No.
27:35
Did anyone promise you anything in exchange and you are fully
27:40
satisfied with your attorney's representation?
27:42
Yes. Ma'am.
27:44
And you understand that taking a guilty plea may affect other
27:47
aspects of your life, including probation, employment,
27:50
immigration or other things that I don't, may not be able to
27:53
anticipate? Yes.
27:55
Ma'am. And you further understand that
27:58
you're giving up your right to trial.
28:00
There'll be no other court dates regarding this charge.
28:03
Yes, ma'am. All right.
28:05
As the charge of battery, Mr. Harris, how do you plead?
28:09
Guilty. I accept your guilty plea.
28:11
Is there anything additional, Mr. Scirocco or Mr. Haddad?
28:16
No, Your Honor. No.
28:18
Judge. All right, Mr. Harris, best of
28:19
luck to you. Take care.
28:21
This matter is now closed. You're right, I just.
28:24
Want to make sure this is right 12 months.
28:27
OK, we'll probably visit them again later on, but let's go
28:30
back up to Michigan, say good morning to Judge Desanto.
28:38
And Council, you're not on your Bluetooth are you can take care.
28:41
No, that's guys want to make sure you're not on it.
28:43
No, I can hear you loud. OK, All right.
28:45
And so today is the date scheduled in this matter for a
28:49
probable cause conference on the 20 6th case and a probation
28:55
violation on the 23 case, I'm presuming based upon the 26th
28:59
case and that there's an allegation that you ingested
29:04
alcohol, which is the violation of your nation.
29:07
So OK, So Council adds to the probable cause conference.
29:12
Your Honor, I've had a chance to speak.
29:14
To the APA on this. Matter on both my talk a little
29:16
asking views that obviously I just got out this case, I don't
29:19
have anything to discover yet, however it has been sent.
29:21
So what we want to do today is I have explained my clients is
29:24
regularly delayed the .1 day rule that is my client's desire
29:27
here today in order for me to review the discovery and just
29:31
ask that the next date we set as a PCC.
29:33
So but enjoy the PCC to a new PCC day.
29:35
Wait 21 day All right And when did you receive discovery
29:40
counsel? He just sent it today so I.
29:43
I'm. Assuming he.
29:45
While I was. With him so.
29:46
I'm assuming I'll. Have it by the end of the day
29:48
uploaded using OK, so you didn't have any of it So because you've
29:51
been on the case since March 16th, correct.
29:54
We zoomed I think last week actually, rather he was.
29:57
He was arraigned March 16th, actually that last.
30:00
Week. 10 days ago Oh my God, OK. The last week.
30:03
I had time. I had no sense of time anymore
30:06
from oh, it was last week. It was last Monday.
30:08
Yeah. So, I mean, he, he Mohammed got
30:11
to be relatively quickly. I just, I think he probably had
30:14
to do some stuff to, to me, too. All right, So how long have you
30:30
do you believe you'll need to review?
30:33
Will April 9th be sufficient? Is that is that that's?
30:36
The what day is that? Next week?
30:39
No, next week's the second. You want the second.
30:41
No, I mean April 9th. Would be perfect more than
30:44
enough time if I say does that work for us Ally?
30:46
Yes. OK.
30:49
April. June April 9th at 9:15 AM.
31:01
And then he asked the probation violation counsel, what are we
31:04
doing with that? I would ask.
31:05
That that would be. Adjourned along with the All
31:14
right, your client is currently in an alcohol tether.
31:16
Is the condition of his band on the 26th case correct?
31:19
He is indeed driver and he has posted a cash balance.
31:22
All right, the court's going to order bond and conditions are
31:24
continued on the 26th case. The court will.
31:34
During the probation violation hearing as well to April 9th at
31:38
9:15 AM. Thank you so much, Ron and
31:43
Henderson. We're continuing on this as
31:45
well. Great to see you guys as always.
31:47
I will see you either next week or I'll probably have another
31:49
case, but if not. Have a great weekend.
31:51
Everybody enjoy the nice level that we so greatly deserve.
31:54
Thank. You.
31:54
You as well, yes. Mr. Mr. Gaines, if you're in a
31:57
test right now, what's in your system?
31:59
Yeah. OK, very good.
32:01
Thank you. Have a good day and then we are
32:04
on the record in the matter of. Attorney wordy ladies and
32:09
gentlemen everybody have a great day wonderful weather all that
32:13
buddy's friendly. You got to love that let's let's
32:16
go to Florida. Wade Mercer first appearances
32:20
come back so you're here on the charge of violation of
32:22
conditional releasing 26-135 MMM.
32:25
The allegations are that you had contact with your mother in
32:27
violation of the terms of your bond or release status or your
32:32
mother is in the courtroom and Mr. Mitchell with the state
32:35
attorney's office I think may have an announcement.
32:37
Mr. Mitchell. Yes, your honor, it was the
32:40
state's intention after having contact with Miss Baxley to go
32:43
ahead and dismiss this case last week didn't want to do that
32:47
until we address the violation of the condition and release.
32:51
I think probably the best way to go about that is if the court
32:54
wants to reprimand him on the importance of the conditional
32:57
release and then after that's done, I'll go ahead and announce
33:02
a no information and dismissal in case number 26135.
33:06
MMM and the victim is in agreement with that.
33:10
Thank you, ma'am. Do you have any questions that?
33:16
Is. Wrong.
33:17
Is he going to be? Released if you.
33:18
I want to make sure he can hear you and he probably can't hear
33:20
you from out there. I can't hear you.
33:24
When you I I watched the first offends video just a few minutes
33:27
ago, you were in the courtroom. And last week when he was
33:29
arrested, you came to court. You're the alleged victim.
33:32
You said you really didn't want him to go to jail, but you want
33:34
him to get mental health help you.
33:35
Understand that. The state dismisses a charge
33:37
like you're asking him to do. You can't can't do both.
33:40
You can't dismiss the case and try to get him help.
33:43
Well, my doctor's giving him help.
33:45
I talked to him yesterday because I had to go for my blood
33:48
pressure again and I talked to him about it.
33:51
He knows Josh, he's Doctor Josh and my doctor's is agreed to
33:56
taking. OK.
33:57
Do you have any questions about what's happening today?
34:01
No, but it's not his fault. He violated it.
34:04
It's my fault. No ma'am, it's his fault.
34:07
He's an adult. You were in court, you heard me
34:10
say no contact, but more importantly he heard me say no
34:13
contact and he there's significant evidence.
34:16
I think you've admitted you, you got him out of jail and you let
34:19
him stay with you. So you're right, it's your
34:21
fault. Also, he's a grown man and he
34:24
knows he's fixing to find out. He's found out, 'cause he's been
34:26
in jail 2 days. If a judge orders you to do
34:28
something as part of a case, you file the order.
34:30
Now what you should have done is if you had a medical need, you
34:33
should have come back to court and said, judge, we need to
34:35
modify this condition that you put on here of no contact, no.
34:38
I'm not going to talk to you when they won't let me talk to
34:41
you because I. Tried to try that you just he's
34:43
been at your house over a week, is that right?
34:46
And the doctors before he got arrested, how many times did you
34:49
call up here asking to modify that before he got arrested?
34:52
Before he got arrested. Modify what?
34:54
Modify the no contact condition. Well, he what?
34:58
Didn't get it until he got arrested.
35:01
Ma'am, before he got arrested this last time, before he got
35:03
arrested the day before yesterday, how many times when
35:06
he was out living with you did you ask to modify?
35:08
But we didn't know. I know nothing.
35:10
Of the court, 0 times you were stood right there and I had told
35:14
you no contact. He heard me.
35:16
OK. So Mr. Mitchell's dismissing the
35:18
case done everything we can. He's done everything he can.
35:20
The case is being dismissed. He's going to be.
35:22
I'm directly be released. I'm not going to keep holding
35:23
him, but he's got to understand that if he's ever in trouble and
35:27
a judge has no contact, that means no contact.
35:31
It's not Rocket. Science.
35:32
Do you have any questions about any of that?
35:35
No, you aren't. Thank you very much.
35:36
You're. Going to be released today, Sir.
35:37
I wish you the best. Thank you for coming.
35:39
Now, Mr. McDaniel may have something to add.
35:41
I don't want to not give him the opportunity.
35:42
Mr. McDaniel, anything I'm missing?
35:45
So Mr. Mitchell's going to be dismissing the case against you.
35:47
Mr. Back, they wish you the best, which is the best.
35:49
We can take him off the arraignment docket for Monday
35:52
while he was on that docket. Yeah, he was on that.
35:55
Docket, So he's still with the case.
35:56
And how do I get the charges dropped because he wants to go
35:58
back to college there? May be a couple of questions
36:03
there's. A.
36:04
Couple there's a couple of questions in that.
36:06
That's a complicated issue. I think Dottie helped me out.
36:09
I think on the Florida law, recent Florida law, when Mr.
36:13
Mitchell files a dismissal, there will automatically be a
36:17
sealing done or non expungement with a ceiling.
36:21
Is that right? So I think that under the law
36:28
was changed recently. But if he wants to be able to
36:30
say if the problem is if the job application says have you ever
36:34
been arrested, the answer to that right now is yes.
36:38
If the job application or school application says have you ever
36:41
been charged or convicted? Convicted.
36:43
The answer's no. The only way to be able to
36:46
answer that question about being arrested, no, is to have his
36:49
record expunged, have the arrest expunged.
36:53
That's a separate process. You need to talk to an attorney
36:55
about that. All right, but but he's not been
36:57
convicted of anything. Mr. Mitchell's dismissing the
36:59
case against him. You need to understand it again
37:02
with it is what it is. You're not in any fear of him,
37:05
right? No.
37:06
OK. Do you have any questions?
37:07
No. So you should be able to pick
37:09
him up at the jail. They'll be processing him out.
37:11
OK. At the jail, not at your office.
37:14
No, ma'am, they because the only reason they came up here before
37:16
is if it's on conditional. Release He's on a release jail
37:19
at. The Jackson County Jail is on
37:21
Penn Ave. It's out by you know where the
37:24
middle school is at or South St. meets Penn Ave. deputy spaces to
37:29
give you some directions. OK.
37:30
All right. Thank you, Sir.
37:31
Thank you, ma'am. Thank you.
37:32
Yes, ma'am. 2737 Penn Ave. We have Dominic Drummond or
37:37
excuse me, Brummond. Good morning, James.
37:41
Mr. Bruman. Good morning, Mr. Bruman.
37:42
You're here because you've been accused of 1 count of driving
37:44
while license suspended or revoked.
37:45
Mr. Bruman. Mr. McDaniel, anything on
37:47
probable cause on that charge, Judge?
37:51
I was just, you know, you know. He acts.
37:54
I talked to. Him and I.
37:55
Don't know when. I mean, I guess I'm kind of
37:57
concerned, When did his license get suspended out of Illinois?
37:59
Because, I mean, he didn't know anything about it.
38:02
And. I don't know if y'all have an
38:03
out of state record that shows. You know, I know he's.
38:07
You know he's. Made some confusing remarks to
38:09
me. I mean essentially he tried to
38:11
go get his Florida. I guess his license for
38:14
motorcycles last within the last week and he took the class.
38:18
And. You know he.
38:19
Was doing something with them to try to get his motorcycle
38:21
license, he says. But you know, it's kind of, you
38:25
know, he, he obviously had his driver's license on him.
38:27
He, he says he didn't know they were suspended.
38:30
Yeah, the the, we don't have the out of state record.
38:35
I could have asked the clerk's office to run an out of state
38:37
record and I didn't even think about it.
38:38
This morning. The officer says he double
38:41
checked with two different agencies to make sure the
38:43
Illinois license was suspended and the Tallahassee Regional
38:46
Communication Office confirmed it.
38:51
So I don't know this morning when we get a copy of the out of
38:53
state record, we'll know why it's suspended.
38:55
We just know they're saying it is suspended, but I don't know
38:58
when or why. You know, Florida law requires
39:02
knowledge of the suspension. So that's that's a potential
39:06
issue. He does have a very to be for
39:09
his age. He's got a horrible criminal
39:10
history. I'm very, very serious charges
39:13
and recent serious charges recently as last year and the
39:16
year before. So that's not in his favor.
39:18
So what I was going to do is find a probable cause and see
39:21
where we went from there and talk about a lower bond.
39:23
And maybe I normally would say that if there's no plea
39:25
agreement. So Mr. Mitchell, Mr. McDaniel,
39:28
anything else on his behalf? Just some kind of reasonable
39:31
release option, Your Honor. Mr. Mitchell?
39:36
Nothing, Your Honor. Mr. Broman, the criminal history
39:38
shows some recent stuff out of state.
39:40
Do you have anything pending anywhere?
39:42
I was in a car accident on September 8th with my current
39:47
girlfriend which left her with an amputee arm.
39:50
The charges I was, it was supposed to be driving without
39:55
permission, but the charges were dropped.
39:56
I I had permission to drive the vehicle out of Kentucky.
40:00
I'm still with my girlfriend. My girlfriend is staying at the
40:02
motel down the street and we are going to fly out of here, out of
40:07
Florida, back to Kentucky and my license, I will take care of it
40:11
out of Illinois. I'm going to go back to
40:12
Illinois. I was not aware that my license
40:15
was suspended. I apologize.
40:18
I will not drive. And I just want to apologize.
40:21
I'm sincerely sorry. I do not have any any pending
40:24
charges. I was not arrested.
40:26
I haven't gone to jail since 2021 for a bar fight that I am
40:31
responsible for. And I I did time served for a
40:35
bar fight and I am sincerely sorry.
40:37
And it's been since 22,021. Now that that doesn't match what
40:41
I'm seeing here. I'm showing a 2025 battery in
40:44
January of 25 Palos Hills Police Department.
40:48
Another one New Year's Eve or the day before New Year's Eve.
40:52
AG assault, same Police Department.
40:54
You're telling me that's not you, 20?
40:56
Four, that is, that is me, Your Honor.
40:58
Both, both charges were dropped. Both charges were dropped.
41:01
I was intoxicated at the time at my apartment and I had
41:05
accidentally called the police and had got myself arrested but
41:09
I was later released same day and charges were dropped for.
41:13
No problem. You just said you hadn't been
41:14
arrested since 2021, and that's not what the criminal history
41:17
shows. So you have been arrested,
41:19
they've just been dismissed. Is that what you're saying?
41:21
Yes, and released same day. I didn't do time serves.
41:24
Are you on any kind of probation anywhere?
41:26
No, Sir. What about the armed robbery
41:30
case in 2022? How was that resolved?
41:34
So in that was the case, I apologize 20/21 to 20/22.
41:39
It was an armed robbery case. It was the IT was the bar fight
41:43
I had. How was how was it resolved is
41:45
my question. How was it resolved?
41:48
Time served and five years probation.
41:51
OK. Mr. McDaniel, anything else?
41:53
Doesn't have Sean. I'm going to set you the normal
41:55
bond I set for this charge for someone who doesn't get a
41:57
release. Given your criminal history,
41:58
your bond is going to be $2500, but it's cash or surety.
42:01
That means you can go through a bondsman.
42:02
If you go through a bondsman, they're going to charge you
42:04
about $250 to get you out of jail.
42:06
We'll give you a court date and let me give you some more
42:08
instructions. What court date would you set
42:10
for Mr. Mitchell? The. 30th are.
42:13
We after the cut off we got to be.
42:14
After the cut off. April 27th.
42:17
April 27th at 9:00 AM will be your court date.
42:19
The jail is going to give you a written notice, but listen
42:22
carefully. If you get your driver's license
42:24
fixed, Mr. Mitchell, a lot of times will.
42:27
He wants to know that, and he'll take that into account.
42:30
So if you get your driver's license fixed and you get proof
42:32
of that driver's license to the State Attorney's Office, because
42:36
Mr. McDaniel won't be appointed until that day, but you get
42:38
proof of the State Attorney's Office, Mr. Mitchell very well
42:41
may dismiss this charge against you and you won't have to come
42:44
back to court. But otherwise, you're going to
42:46
have to be in court on the date I just gave you, and it's $250
42:50
bond if you go through a bondsman.
42:51
If you want to put up all $2500, that's OK too.
42:54
You do have a condition not to drive a motor vehicle unless you
42:57
get a valid license. So just to make sure I'm clear,
42:59
if you get your license straightened out, you drive all
43:01
you want, But until you get your license straightened out, you've
43:04
got a condition of your bond not to drive.
43:05
And if you get caught driving and you don't have a driver's
43:07
license, that will violate your bond.
43:09
You will get to use the phone in just a few minutes to try to
43:12
post that bond and be released. Do you have any questions?
43:15
Thank you your honor. Yes if I post I I have my
43:19
girlfriend has she has cash $2500.
43:23
Hold on just a second, just a second.
43:26
Let me ask a question, OK, Mr. Mitchell, what's your thoughts
43:29
on the $250 cash bond given their lack of local ties and the
43:33
fact that they appear to have the ability to post that
43:35
instead? I have no.
43:36
Objection. Mr. McDaniel, are you OK with
43:38
that? Yes, Ron.
43:39
OK, so I'm going to give you your circumstance.
43:41
I don't, I don't actually want you to put up $2500 cash.
43:44
Now you got to get back home, but rather than you going
43:47
through a bondsman, I have no problem given the the charge,
43:50
the type of charge you have of you posting a $250 cash bond,
43:55
that means you can't go through a bondsman.
43:56
You can't negotiate with a bondsman.
43:57
You got to come up with $200 cash.
43:59
Here's the benefit of that. If the case is dismissed, it's
44:02
returned to whoever posted it. That's not true if you go
44:04
through a bondsman. So if you want to post a $200
44:07
cash bond, Mr. Mitchell, Mr. McDaniel, and I think that
44:09
probably probably the better course of action given that you
44:11
have the ability to do so. So work out for you Your your,
44:14
your girlfriend posts $200 cash, you're released.
44:17
If it gets dismissed, the money's returned to her
44:19
eventually. If it's not dismissed then it
44:21
may go towards court costs and fines any.
44:23
Questions. Thank you so much, Your Honor.
44:26
You're welcome. You'll get to use the phone
44:27
shortly to contact whoever you wish and post that bond, OK?
44:30
Yes, ma'am. Troy Gaiman.
44:43
Mr. Gayman. Good morning.
44:44
Mr. Gayman. You're here because you've been
44:45
accused of 1 count of Grand Theft, one count of burglary of
44:48
an unoccupied structure, and one count of criminal mischief.
44:51
That last charge is a misdemeanor.
44:53
The first two charges of third degree of felony.
44:55
I am the judge that signed the warrant.
44:57
It appears so. I have read the complaint, but
45:00
give me just a second because I missed it this morning.
45:03
I ran out of time. I did not get to remind myself
45:06
of the allegations. So give me a second to do that.
45:09
Usually when I read the first two or three sentences, it'll
45:12
refresh my memory, especially if it's recent and it appears to be
45:14
a very recent warrant. Let's see which which case this
45:17
was. I, I sign a lot of, I review a
45:19
lot of warrants. I should say burglary charge DNA
45:25
samples of the shed. OK, I do remember this case.
45:47
I do remember the the complaint. So there clearly is probable
45:49
cause in the complaint. I'm now looking at your criminal
45:52
history, which is 30 pages long ish, and I'm prepared to set you
46:00
a bond, but I'm going to listen to the attorneys before I do so.
46:03
Mr. McDaniel, anything. Nothing, young Mr. Mitchell,
46:07
Nothing. You're on here, Mr. Game, and
46:12
you're not on any kind of probation anywhere, are you?
46:15
Yes, Sir, Mr. Game. And do you have any charges
46:17
pending anywhere? No, Sir all.
46:20
Right, I'm going to set your bond at $5000 on your two
46:22
felonies. That's $5000 each, $2500 on your
46:25
misdemeanor, Mr. Game. And your bond is 20.
46:27
Excuse me? That's a total of $12,500.
46:30
It's cash or surety. Cash or surety, Mr. Game, and
46:33
means you don't have to come up with all the money.
46:34
You can go through a bondsman. It's $12,500 total.
46:38
We're going to ask the jail to give you a notice for your court
46:40
date. That will be a felony court
46:41
date. This one's still April 7th.
46:44
I think April 7th at 8:30 will be your notice date.
46:48
They'll give you that notice in just a moment.
46:50
And then you. Somebody shaking her head.
46:52
Is that not right? It's that.
46:55
That's the VOP docket. Get down to the bottom part.
47:00
Yeah. Down there.
47:00
Were you April 7th? Yeah, the, the jail will give
47:05
you a notice for that date and you'll get to use the phone in a
47:07
few minutes or to try to post the bond.
47:09
You post the bond, you'll be released.
47:10
You do have a condition. No contact the alleged victim or
47:12
that property as part of your bond.
47:15
Mr. Game. And do you have any questions?
47:18
Appreciate the best, Sir. Yes, Sir.
47:21
Charles Ablett. Mr. Ablett, good morning.
47:28
You're being brought back today. You were first appeared either
47:33
yesterday or day before when I was out and the judge sent you a
47:36
bond. You're being brought back today
47:37
to meet with Mr. McDaniel and see if we can try to get this
47:39
case resolved. Please listen to Mr. McDaniel.
47:41
I'm appointing his office to represent you today.
47:45
Mr. Evans going to Mr. Evans going to please no contest or
47:49
charges listed. You understanding he'll pay a
47:51
$400.00 fine within 60 days or he'll serve 10 days in the
47:54
county jail. He has waived a jury trial and
47:55
call witnesses that have resolved this case today.
48:00
Thank you, Mr. Mitchell. Is that agreeable with the
48:03
state? It is your honor.
48:04
Mr. Abbott, did you hear that agreement?
48:06
Yes, Sir. Sir, do you have any questions
48:08
about that agreement? No, Sir.
48:12
I just want to be left alone. Mr. Abbott, is that the plea you
48:16
would like to enter? Yes, Sir.
48:21
Mr. Abbott, I'm. Going to separate.
48:36
I'm glad to listen if you have a question.
48:37
Now, if you have a question about the plea agreement, I just
48:40
want to make sure this is what you want to do.
48:41
That's what you want to do. Yes, Sir, do.
48:44
You have any questions before I accept this plea agreement?
48:47
No, Sir all. Right.
48:48
I'm going to accept your plea of no contest to the charge of
48:51
driving licenses suspended, canceled, or revoked knowingly.
48:54
I'm going to withhold adjudication and guilt.
48:57
I'm going to send you the 10 days in jail.
48:58
You will never serve that 10 days as long as you pay the
49:01
court costs and fines which are set by state and county law in
49:04
your case at $400.00. So Mr. Abbott, you have 60 days
49:07
to pay the court costs and fines.
49:12
People, a follow up court date in your kind of sentence.
49:14
The reason I do that is sometimes things may come up
49:17
that prevents you from getting this.
49:19
This thing paid could be a car accident or could be a illness.
49:24
But if something happens and you can't get it paid, you got to be
49:26
back in court on the day after the due date.
49:34
I get paid tomorrow. Sir.
49:37
Just a second, just just just a second I'm I'm see if you have
49:39
any questions once I get through.
49:42
OK, so the due date the next day is which the due date or the day
49:48
you'll be back in court? May 27th.
49:55
So you'll be back in court you it's due by May 26th to get it
49:59
paid. By the 26th of May it's over.
50:01
You don't come back to court. On the other hand, if you can't
50:03
get it paid for some reason, you need to back in court May 27th
50:07
to ask for an extension. And, and usually what happens is
50:09
people come in and say, judge, I got half of it paid.
50:12
Actually all my calendar's downstairs.
50:17
What day of the week is that? Isn't that when I'll be in South
50:22
Dakota? Can I see that color calendar
50:26
right there? Let's don't give him that date
50:29
because I need to be here set up because some judge may be doing
50:32
it remotely. Another judge may be I'll be
50:35
I'll be out of count out. So let's go back.
50:37
We'll give him one more week, June 3rd.
50:40
So if you don't get it paid by June 2nd, that'll be the due
50:44
date. You have to be in court June the
50:46
3rd at 8:30 to ask for an extension.
50:49
That court date is only if you need it.
50:51
If you get it paid, Mr. Ablett, you don't come back to court.
50:54
Lastly, I don't, I think Mr. McDaniel said this, but if you
50:57
can get your driver's license issue resolved, that's going to
51:00
save you $100. That's really what we would
51:02
like. If you can get your driver's
51:03
license issue resolved by June 2nd, it won't be $400.00, it'll
51:07
be $300.00. So I know you said you're going
51:10
to get it. You get paid tomorrow.
51:11
So if you can, I don't know what your license issues are, but if
51:13
you get that issue resolved and that'll save you $100 on the
51:16
court costs and fines. So if you can put that $100
51:19
towards your court costs and fines and good for you.
51:22
But if you need that court date, you've got it.
51:24
If you get it resolved, you don't have to come back to
51:25
court. You're going to be released this
51:27
morning as long as you don't have any holes anywhere else.
51:29
Do you have any questions, Sir? No, Sir.
51:32
Wish you the best, Miss Traveling.
51:34
Thank you, Sir. Yes.
51:35
Sir. Mr. McDaniel, that's everything
51:39
I had on my first appearance list.
51:41
Anything else from public? No, Your Honor.
51:45
That completes the day for Judge Mercer.
51:47
Let's go back up to Michigan. Here on county, this will be
51:50
Judge Prill Lee Lisowski. There are 4 files, 267394959697
52:00
FH. It's time of day set for
52:02
arraignment. Mr. Lisowski is president.
52:04
Represented this matter by attorney Dallas L Rooney.
52:06
People are represented by prosecuting attorney Timothy J
52:09
Rakowski. Mr. Rooney, have you received a
52:12
copy of the respective informations filed in this case
52:15
of you and your client had the opportunity to review them and
52:17
do you waive the reading as well?
52:19
Yes to all those questions. Thank you.
52:21
And here's there's a plea offer, is that correct?
52:23
Yes. All right.
52:24
Especially you can, Mr. Lisowski, please raise your
52:26
rating. Do solemnly swear or affirm that
52:28
the testimony you're about to give in this case is the truth,
52:31
the whole truth, nothing but the truth is the help.
52:32
Again, thank. You, Mr. Rakowski, would you
52:35
please take the terms of the plea offer on the record?
52:38
Yes, you're right. In each of the files there are
52:41
two charges. What our understanding of the
52:43
agreement is what we've offered Mr. Wisowski through his
52:47
attorney Mr. Bruni, is that he can plead to delivery of the
52:51
controlled substance in two of the files, dismiss the other two
52:55
files in their entirety and in the two files that he's pleading
52:58
to the controlled substance, we would be dismissing count to the
53:02
use of the computers. The plea would be as habitual
53:05
offender or defence. The Mr. Lusowski would be
53:10
responsible for restitution, which is the controlled by money
53:13
for all four cases, even the two that we were dismissing.
53:16
And it's my understanding from talking to Mr. Rudy, we've
53:18
discussed the guidelines. We understand that the courts
53:21
not locked into this, but just amongst Mr. Rudy and myself that
53:25
we have agreed that the guidelines were 19 to 57.
53:30
If they're lower, they're lower, but they wouldn't be any higher
53:33
than 19 to 87. There'll be two counts of
53:37
delivery, one in each. Of.
53:40
At least in two files. In two files.
53:42
And we would we would leave it to the defense or the court as
53:45
to which files you wish to take the pleas on.
53:47
OK. Thank you.
53:49
Mr. Rudy, is that your understanding of the plea offer?
53:51
It is and I I think there was. Going to be an.
53:53
Agreement that he would be getting time served for the time
53:59
he's been sitting in jail or prison since March 2nd and I
54:06
believe the bond was revoked in this case when Mr. OK, so that.
54:10
Yes. So that's I wouldn't say that's.
54:13
The benefit of the bargain? That's just exactly what
54:15
happened. His bomb was forfeited, so he'd
54:17
be entitled to any credit. Under the law.
54:19
Which files, Mr. Rooney, would you be looking at relative to
54:24
entering the fleet? On.
54:25
I'll just, they're all very, very similar facts.
54:30
So I'm just going to pick 2 randomly and give you the dates.
54:34
OK, One of them was on 12/2. OK, that would be 7395.
54:46
The other one on November 24th, that would be 94.
54:52
OK, the. Circumstances are very similar
54:59
to everyone. All right.
55:01
Mr. Listoski, did you hear the terms of the plea offer outlined
55:04
just a moment ago? Is that your understanding of
55:06
the plea offer? Yes.
55:07
And you wouldn't accept it? Yes.
55:09
Are there any other terms of the plea offer that we've not
55:11
covered on the record? Mr. Rooney, do you agree?
55:14
I agree. And Mr. Ricos, I agree.
55:17
Thank you. Mr. Listoski, you are not on
55:20
probation or parole, but you're currently under a prison, if
55:22
that's correct. Yes.
55:23
And that's in another. County, Yes.
55:26
OK. Have you had sufficient time to
55:28
speak to Mr. Rooney about all this?
55:31
Do you need any additional time to speak with and you're
55:34
satisfied with this representation?
55:37
Is there anything affecting your mind or brain making it
55:40
difficult to make important decisions?
55:43
You have a clear mind. Thank you.
55:46
I'll just go on in case order and actually be a date order as
55:50
well. IN267394 you would be pleading
55:55
to delivery of the controlled substance hydrocodone and that's
55:59
habitual offender 4. That is a felony carrying a
56:04
maximum prison sentence of up to life in prison and or a fine of
56:08
up to $10,000. Do you understand the charge and
56:10
the maximum sentence? Relative to that.
56:13
In 7395, you were charged with the same offense, delivery of
56:18
hydrocodone again, which is a felony up to seven years in
56:24
prison. On or about December 2nd, 2025,
56:26
City of Addex, County of Huron, you understand that as well?
56:30
Now understand if we're not, if there were no habitual, this
56:33
will be your first time before the court.
56:35
The maximum sentence would be up to seven years.
56:37
But because of the prior felonies, it enhances it.
56:40
Do you understand that? Yes.
56:42
OK. Please.
56:46
Are these guilty police or no? Guilty.
56:49
OK. Thank you.
56:52
So, Mr. Lisoski, understanding the charges and the maximum
56:55
sentences. Oh, and by the way.
56:58
It would be it's discretionary to go consecutive on separate
57:04
drug counselors or is that law changed now resolved from
57:06
current it says well the computer one has consecutive.
57:16
OK, but. The drug.
57:19
Ones. I don't see that.
57:21
All right, So it'll be a concurrent.
57:23
Yes. Do you agree Mr. Ricuski?
57:25
I agree. But if for some reason it's not,
57:27
we would agree that we're not going to ask the consecutive
57:29
sentence. All right, perfect understanding
57:33
that then Mr. Rooney, as to each of the counts.
57:36
November 24 of last year, December 2nd of last year, City
57:40
of Baddex, County of Huron to delivery of hydrocodone.
57:43
How does your client? Does.
57:45
He plead guilty to that, OK. And would you plead, Sir?
57:49
All right, according to the receipt of an advice of rights
57:53
form, Mr. Lasoski has a signature on it, the printed
57:57
name Richard Lasoski on it, dated March. 26th.
58:00
Which is today. Did you sign this document Sir
58:03
now before signing it? Did you go over?
58:05
This document. I've gone over.
58:08
It and passed so I know what it's about.
58:09
OK. Do you wish the court to read
58:11
the rights into the record? You understand the rights
58:15
contained on the forms? I'm assuming you went over this
58:18
form also with Mr. Rooney. You understand that by pleading
58:22
guilty or giving up those rights, that means you will not
58:25
have a trial of any kind or have any opportunity whatsoever to
58:28
contest your guilt, and all that remains after today will be for
58:31
you to be sentenced if these pleas are accepted.
58:34
You'll be giving up any. Claim of these pleas are the
58:36
results of promises or threats not disclosed to this Court
58:39
during this plea proceeding. You'll also be giving up any
58:42
claim. These pleas are not of your own
58:43
free choice. Other than the.
58:47
Terms of the plea offer outline on the record.
58:48
Has anyone promised you anything such as leniency to get you to
58:51
plead guilty? Do you understand that no one
58:53
can make any promises from the court as to how the court will
58:55
dispose of this case? That is, no one can promise that
58:58
the court will be easy on you in opposing sentence, Do you
59:00
understand that? Does anyone promised the court
59:03
will be easy on you? Anyone will threaten you to
59:05
enter these Please please please your own free choice financial
59:09
obligations. Court costs are doing payable at
59:11
time of sentencing unless there's good cost shown.
59:13
Are you aware of that? And then you're subject to a 20%
59:16
late penalty for any unpaid monetary obligation or cost That
59:19
is do 50-6 days follow your conviction and sentence.
59:22
Are you aware? Finally, please, please are
59:25
accepted you may be giving up the right to appeal issues that
59:28
would otherwise be appealable if you were convicted at a trial
59:31
for there any appeal for the conviction and sentences
59:34
pursuant to these pleas. Will be by.
59:36
Application for the to appeal and not by right.
59:38
Do you understand that, Sir? Again, Mr. Lisowski, any
59:41
questions regarding any of your rights?
59:44
Any questions to Mr. Rooney? All right, let's go back to
59:48
first, November 24 of last year, Were you in bad Exteron County,
59:53
Michigan? What makes you feel you're
59:55
guilty of delivery of hydrocodone?
59:58
I said advice for my wife to sell their prescriptions.
1:00:02
All right, And what were the what was the prescription for
1:00:07
Norcos? Is that otherwise known as
1:00:08
hydrocodone? He had no authority or to do
1:00:13
that. Correct under the law that is.
1:00:17
You know what's wrong? Yes.
1:00:21
And were the substances indeed delivered then?
1:00:26
Sounds like you said you set it up.
1:00:27
Yeah, we drove around. OK.
1:00:31
And did you see them get dropped off?
1:00:32
OK. Is that what also happened on
1:00:35
December 2nd, 2025? He.
1:00:38
Came to my house OK. And were you in city of Baddox,
1:00:41
county of Huron on that day? And did you set up this
1:00:47
arrangement and you stated that someone came over and purchased
1:00:52
these and it was Hyper photo and again no authority, permission,
1:00:58
anything to to do so? Correct.
1:01:00
Were there tests done on the substances or was it just
1:01:03
identified visual? I did not notice a test lab
1:01:11
test. I think they used pill
1:01:13
identifier to look at the shape and the color and the numbers on
1:01:18
them. Any question whether it was
1:01:20
hydrocodone or not? I knew what it.
1:01:22
Was you know what? It was OK.
1:01:24
Mr. Murkowski, any objection to the factual basis?
1:01:28
Mr. Murkowski, wherever he promises, we're all waiting to
1:01:30
cover Mitchell Fender. I apologize.
1:01:38
Do you? Acknowledge.
1:01:39
Being previously. Convicted.
1:01:44
On May 27, 1998, in the Tuscola County Circuit Court for
1:01:49
conspiracy to commit armed robbery, do you acknowledge on
1:01:53
April 5th, 2007, you were convicted of attempted resisting
1:01:56
or obstructing a police officer, again in Tuscola County Circuit
1:02:00
Court, is that yes, thank you. Do you acknowledge on October
1:02:05
18, 2012, you were convicted of domestic violence, third offense
1:02:08
in the 54th Circuit Court for Tuscola County and being
1:02:12
previously convicted on October 7th, 2013 of aggravated
1:02:16
stalking, again in Tuscola County Circuit Court?
1:02:18
Yes. This would be your 4th
1:02:20
conviction, correct Mr. Rutowski?
1:02:22
Anywhere where any promises, scratch or inducements for this
1:02:25
plea other than most. Of this.
1:02:26
Book No, Your Honor, Mr. Rooney No, Your Honor, as the court
1:02:29
complied with the court rule concerning the police, Mr. It
1:02:31
has Mr. Rooney. I agree.
1:02:33
And Mr. Lisowski, there's no agreement made by this court
1:02:36
concerning this plea. Is that correct?
1:02:38
Mr. Rooney, do you agree? I agree, Mr. I agree.
1:02:41
Or wokes up the police. They're done freely.
1:02:43
They're voluntary, they're understanding and accurate.
1:02:45
There's a sufficient factual basis.
1:02:47
The police are accepted. We'll schedule.
1:02:49
A sentencing date. Hatch 4.
1:02:54
May. 18th. Mr. Rooney, that's.
1:02:57
Fine. And he has no objection to
1:03:01
sentencing remotely. Mr. Murkowski, do you have any?
1:03:06
Objection to that. Mr. Lusowski, no objection to
1:03:09
being sentenced by. OK.
1:03:13
May 18th, 2026 at 9:00 AM. Prior to sentencing, the court
1:03:16
is ordering a pre sentence investigation or report be
1:03:19
prepared provided both Council and the court at least two days
1:03:21
prior to sentencing. The sentencing guidelines shall
1:03:24
be scored 14 days prior to sentencing and providing the
1:03:26
Council any objection to the scoring of the guidelines while
1:03:29
in writing with the Clerk of the court no later than 7 days from
1:03:32
sentencing and a a courtesy copy to the probation agent.
1:03:37
The. Defendant must appear by a zoo
1:03:39
in this manner of purposes of sentencing.
1:03:41
If there's any supporting documentation, either party may
1:03:44
submit supporting documentation to the court no later than 7.
1:03:47
Days from sentencing. Any objection or written
1:03:49
response must be filed 3 days thereafter bond was cancelled
1:03:53
and or forfeited previously. We need to even address bond.
1:03:57
Mr. Customer. I agree on remains.
1:04:02
Remote. And or cancelled.
1:04:04
We will then see you, Mr. Lisoski, via Zoom on May 18,
1:04:07
2026. Thank you, Sir.
1:04:09
Thank you, everyone. Thank you.
1:04:13
Okie Dokie friends, let's go to Judge Simpson say good morning
1:04:18
there. It looks like he's got a good
1:04:19
beam of Hollywood Squares going. You're.
1:04:22
We are in. Right now muting.
1:04:24
Yes. Jones, is there a way for you to
1:04:34
unmute yourself or got it?
1:04:48
OK, state your name Sir. Derrick Jones and I'd like to
1:04:53
talk to you for a minute when you can.
1:04:55
And my lawyer. I'm sorry.
1:04:57
I'd like to ask my I'd like to let my lawyer know something
1:05:00
too. I didn't catch the last part of
1:05:04
what you said. You want your lawyer to do what?
1:05:07
I was waiting. I've been waiting to talk to my
1:05:10
lawyer. I had my parole.
1:05:14
Does Kate want to meet up? OK, I got you.
1:05:19
I understand. I was finally able to get an
1:05:21
appointment to meet with Mr. Jones on April 1st.
1:05:26
That was the first available date.
1:05:28
We have been playing well. I don't know if we've been
1:05:30
playing tag, but finally I, I got a response.
1:05:33
Got a meeting with him April 1st April. 1st.
1:05:35
Yes, I think at 1:00. So he's with you yesterday too.
1:05:42
Hold on. All right.
1:05:44
So you're looking to adjourn to try to get this solved so that
1:05:48
that will clear his way on everything.
1:05:50
And I and I have been actively speaking with the prosecutor so
1:05:54
that when I go there, I hope to have everything he needs to be
1:05:59
done when we come back to court. OK, so if you got an appointment
1:06:02
on the 1st. Let's do the. 9th that'll give
1:06:05
two weeks for the rent. Thank you.
1:06:10
To my understanding, Sir, she'll be up there to see you on the
1:06:12
1st. I'm going to adjourn your case
1:06:15
out to the 9th. Hopefully we can get it.
1:06:17
Resolved then and move ahead, OK.
1:06:20
Is there any way you can let the parole let the parole board know
1:06:23
that way they don't frot me that that's.
1:06:26
Something you need to discuss with your attorney.
1:06:29
I can't. If you would like I, I will
1:06:32
write a letter to the parole board and let them know.
1:06:34
Yeah, that I do. My my parole day is May 26th.
1:06:38
So if you can write them a letter, let them know that it'd
1:06:40
be on the 9th be taken care of. All right.
1:06:44
Thank you, Ron. Thank you.
1:06:46
Thank you, Sir. Ron continue.
1:06:50
Port does call the case of the people versus Stefan Bruce.
1:06:54
Your Honor, thing to cook for the people.
1:06:59
David I Goldstein appearing on behalf of the defendant.
1:07:02
Your Honor, my understanding is the defendant, it's the Wayne
1:07:05
County Bell shouldn't be, but he is.
1:07:10
They can't. They can't.
1:07:11
No, they can't find a a tether. To put on him he's.
1:07:13
Been there for three days waiting for a tether.
1:07:18
Can't find a tether. It's Wayne County Judge.
1:07:21
Oh, OK. So if we could have a, we.
1:07:23
Got them all over. I know you do.
1:07:25
You want to you want to loan them?
1:07:26
You want to rent one to them So great.
1:07:30
So you need to turn them on One week you're out.
1:07:32
Yes. I'm sorry I didn't.
1:07:34
Do it I have to do? OK, let me check.
1:07:37
That they'll have to read him. That the 9th.
1:07:40
Dylan, yes, that'll work for you.
1:07:43
Yeah, that's fine. April 9th, 2026 Nine 8 and I do
1:07:48
need a brief issue 1. Thank you.
1:07:57
Court does call the case People versus Chagira Kiji.
1:08:01
Your Honor, ready for? People.
1:08:04
This is some public defender Jay Bellinger on all matters not
1:08:07
ending in 1670. 8 Your Honor. Morning, Your Honor.
1:08:10
Jonathan Sacks in the matter ending in 16780.
1:08:15
My process of elimination. I know you love that.
1:08:20
All right. And where are they?
1:08:22
Are they? Oh, they're coming in morning.
1:08:31
We're looking at Ellen spreading rumors You weren't showing.
1:08:34
Can you state your name for the record?
1:08:42
Chidera Bennett. Taikiji.
1:08:44
Thank you. Thank you and your honor, we are
1:08:45
asking for an adjournment today so that we can get edgy the.
1:08:50
Health Treatment Court. OK.
1:08:52
So you need at least three weeks I think.
1:08:54
So we'll start with that and hopefully we'll have them done
1:08:57
by then. All right, all adjourn these
1:08:58
matters in to April 16th, 2026 9:00 AM found to give you.
1:09:06
Thank you very much. I'll get this in today.
1:09:08
OK. Thank you.
1:09:10
Thank you, Josh. So let's move to the final core
1:09:22
counsel case, People versus Diamond Byers.
1:09:24
Of course she is. Morning, your Hon, please.
1:09:30
Good morning, Your honor. Edward Rukasam, you have a
1:09:31
Diamond. Byers You have a profile.
1:09:34
You aren't all matters. I am I.
1:09:36
I am as of yesterday I named Diamond Byers.
1:09:41
Fireman was before me. Yes, I know we've been working
1:09:44
to try and turn herself. On the.
1:09:46
Buyers thought she was going to jail.
1:09:49
I did tell her she wouldn't. Huh.
1:09:50
Told her she wouldn't. Told her she wouldn't.
1:09:53
Yeah. Really.
1:09:56
Pay. They had to pay a bond on you.
1:09:58
Another matter. Yeah.
1:09:59
She had to get arraigned on this case.
1:10:01
But Pierre bonds on all those up here on two other cases.
1:10:04
Had these other 3. She had some bond money with her
1:10:07
where they were? Yes, no, we want to know how I
1:10:12
know she was telling my clerk. She was really worried.
1:10:16
She was asking them was she going to give How many times did
1:10:22
I tell you weren't going to gym? I'm.
1:10:23
Files and tired. If I had known that.
1:10:26
Before she would have gone no, I'm kidding talk almost daily
1:10:30
and we're looking to resolve these cases, but I think an
1:10:33
adjournment would help trying to come to a global resolution.
1:10:36
16th work for you that would work your other all right that
1:10:41
objection though during all these matters to April 16th 2020
1:10:45
sixth thank you and you work does call the case people versus
1:10:52
Deshawn Jones when you are reading through the people you
1:11:05
should be coming. From the back.
1:11:06
OK, mapping issues, it's going to take a minute.
1:11:12
I'll sign. Your name, Sir?
1:11:36
Sasha Jones. Thank you.
1:11:38
And you're asking for an adjournment.
1:11:40
In this case, we are mitigating. Both parties are working
1:11:43
together to try and come to a resolution short of proceeding
1:11:46
in the case. So I'd be asking for an
1:11:48
adjournment. 6 ain't be enough time for you to get that
1:11:50
information. Back.
1:11:51
That should be enough. Travel cost conference will be
1:11:54
during April 16th, 2026, 9:00 AM.
1:11:57
Thank you. I'll continue.
1:11:58
Thank you. Or does call the case people
1:12:07
versus Craig Ivy, Craig Ivy, Craig Ivy, Craig Ivy, we are
1:12:20
waving today, Your honor. There should be a waiver for
1:12:22
him. Sir, You're waving it right to a
1:12:25
clue. Yes, you understand that a
1:12:28
preliminary examination is a proceeding where the people
1:12:30
would have to show by probable cause that the offense is
1:12:33
alleged were committed and that you committed.
1:12:35
Yes, I understand you'll not have that hearing.
1:12:38
You'll proceed the Circuit Court for further resolution.
1:12:40
Yes, people also waive the right.
1:12:44
Preliminary examination haven't been waived and it is bound over
1:12:47
to Circuit Court on all three counts.
1:12:52
Your Honor, I acknowledge receipt of the information.
1:12:53
Staying mute waive reading in an every way forward reading
1:12:57
standing mute. Court will enter not guilty plea
1:12:59
so all counts. Pretrial will be set for May
1:13:04
18th, 2026. 1:30 Judge will move and.
1:13:13
We'll. Continue.
1:13:14
Thank you. Thank you.
1:13:22
Court does call the case People versus TNT Jones.
1:13:26
And. Edward Dugas.
1:14:01
Your name, Sir? Yeah, I'll say Charles.
1:14:03
Thank you. Yeah, I was just appointed with
1:14:05
this matter. I do not have anybody Cam or
1:14:08
video footage which I'd be requesting.
1:14:09
So I'll be asking for for an adjournment.
1:14:13
April 9th that. Was awesome.
1:14:16
OK, adjourn this April 9th, 2026 9:00 AM.
1:14:21
That's the bound. These the Venezuelan is primly
1:14:25
set up at 15000 for subdivision. At this point I was going to be
1:14:31
requesting our original request of $50,000 cash.
1:14:33
Sherry, Mr. Jones since being arraigned on market has made 192
1:14:40
calls, completed a. 192. And I suspect that number may
1:14:49
have grown since yesterday because that was one of the most
1:14:51
recent set of calls has happened.
1:14:54
We've been having a hard time picking up.
1:14:55
Those. Game off calls that you've been
1:14:57
making. So at this point I'm going to be
1:15:00
re requesting our original request.
1:15:01
This case is also occurred when Mr. Jones was on probation out
1:15:06
of the 22nd Circuit Court for in domestic violence different
1:15:08
victims along with Marcina building.
1:15:13
And at this point, I have concerns that he's made this
1:15:17
significant number of the victims from his parent to her
1:15:21
listed number. And I'm going to be requesting
1:15:23
the market $1000 cashier to your original request along with his
1:15:26
phone and text privileges being relative.
1:15:28
To the S. The judge block per number.
1:15:30
As well, the short response here and I what I hear are a number
1:15:36
of calls, but I don't hear any of the I guess the substance of
1:15:40
what those calls are about. So I certainly would be asking
1:15:44
that court would at least temporarily stop his that he's
1:15:48
not supposed to have contact at all.
1:15:51
It doesn't matter what he's talking Grant, but go ahead.
1:15:55
I'm sorry. That's understood.
1:15:57
I I would like to get a copy be able to review them prior to
1:16:01
addressing them further. But I think taking away his
1:16:04
phone privileges is enough rather.
1:16:06
Than raising his bond. It's a significant amount of
1:16:11
calls, significant amount of connected calls.
1:16:18
And the very. Fact that he's on probation on
1:16:20
ATV, he understands certainly understand what his bond
1:16:26
conditions would be. Regardless, I think he would
1:16:29
have more of an understanding of it.
1:16:31
I'm going to grant the people's motion.
1:16:33
I'm going to defendants bond is reset at $50,000 cash sure we'll
1:16:37
get the message and also his phone privileges as well as
1:16:41
texting privileges are hereby ordered were both Thank you
1:16:46
thank you 192 calls is kind of hard to ignore.
1:16:52
Good morning once again everybody my name is Dan this is
1:16:54
TCF live good to have you all here If you're new out there
1:16:58
this morning say hello in the chat.
1:16:59
We're a friendly group. Embrace.
1:17:01
US. Let's try something new.
1:17:04
Oakland County, Michigan. This is Judge Maureen McGinnis.
1:17:09
Let's see what she's all about. Morning.
1:17:12
Camila. Barkovic appearing on behalf of
1:17:14
the defendant who was present. Could you say your name, please?
1:17:20
Mr. Hurt? Are you still using a mailing
1:17:21
address on West Brockton Ave. in Madison Heights?
1:17:25
Today is the date and time that's been set for a probable
1:17:27
cause conference. How are we?
1:17:28
Proceeding. But at this point in.
1:17:30
Time I'm asking for an exam date.
1:17:33
It's my understanding that the defendant may have waived the 21
1:17:36
day. Rule at the time.
1:17:38
Of arraignment before I was involved in this case.
1:17:41
That's based on his recollection.
1:17:43
If possible, I do have another preliminary examination
1:17:46
scheduled in this court in the afternoon on April 10th, and I
1:17:51
was going to see if the court would allow this matter to also
1:17:55
be set on that day. So I was looking at this.
1:18:00
It's a little. Bit unusual because it looks
1:18:02
like he was given an original PCC an exam date but didn't
1:18:07
appear on those dates so I don't know what happened at the
1:18:10
arraignment how he would have waived.
1:18:11
Is this the? One where Miss Barker executed a
1:18:14
waiting waiver of the PCC. Oh, is that?
1:18:17
That's what happened. OK, so I was trying to figure.
1:18:20
Out why I? Didn't have him here in person
1:18:23
at all yet. In front of this courtroom, but.
1:18:25
That's correct. So we did accept that written
1:18:27
waiver, that's why So I don't have to address that with him.
1:18:31
We can definitely set up for an exam.
1:18:33
My only concern is that day that you have the other exam set, I
1:18:37
would really need to be done by 3:30 and I was already worried
1:18:40
about that with that exam only. So if you really intend to call
1:18:45
witnesses for both, unfortunately, I think it might
1:18:48
be best for us to pick a different date.
1:18:50
Otherwise I'm worried I'll bring everyone in but not be.
1:18:53
Able to handle both matters. Understood.
1:19:06
What does? Yes, Judge, could we please do
1:19:21
the 16th of April in the afternoon?
1:19:24
We can. There are a number of things
1:19:26
that are scheduled on that day, but they some things can change.
1:19:29
I can put it on that day. Do you know how many witnesses
1:19:33
you might be calling, Mr. Piscolovich?
1:19:36
I was. Thinking of a couple of witness
1:19:37
exams. That I don't expect a treating
1:19:39
like. He.
1:19:40
OK. Well, we'll take a look.
1:19:42
As the deck it gets a little closer just to make sure it's
1:19:45
realistic to manage everything that we've said on it.
1:19:47
But for now, I think it's a good date.
1:19:49
Thank you. OK, Sir, your bond conditions, I
1:19:53
just wasn't intending to continue them until.
1:19:56
I see you. Again, no issues that were
1:19:58
reported to me. So you look like you're doing
1:20:00
very well on bond and we will continue with the conditions
1:20:03
that are currently in place. OK, You'll get a court notice.
1:20:07
At the counter. Today before you leave, if you
1:20:08
stop up there after you leave the courtroom.
1:20:11
Thank you. Thank you.
1:20:41
25001689 This is the state of Michigan versus Lamasia Davis.
1:20:51
Morning, I'm your name of the plane appearing on behalf of
1:20:53
Miss. Davis.
1:20:55
And. Could you state your name
1:20:57
please? Lamasia Davis, are you still?
1:21:00
Using an address on Long Creek Court in Inman South.
1:21:04
Carolina. Yes, ma'am.
1:21:07
What is the date and hands up for a probable cause conference?
1:21:09
How is your client proceeding? You're at this time we are
1:21:11
respectfully requesting another probable cause conference.
1:21:14
I was just appointed on a case just a couple of days ago, so I
1:21:17
haven't been able to have a meaningful conversation to
1:21:20
review discovery with my client. I did tender it to her yesterday
1:21:24
so we were just asking for another day so we can have more
1:21:26
time to review that together. All right, has your client been
1:21:29
advised of her right to have her exam begin within 21 days of her
1:21:32
arrangement date? She.
1:21:32
Has, yes. And she's willing to waive that
1:21:34
right. Yes.
1:21:36
Ma'am, do you understand that because you've been charged with
1:21:38
a felony, you have the right to have what is known as a
1:21:40
preliminary examination here in the District Court?
1:21:43
Yes, ma'am. You also have the right to
1:21:45
request that this hearing begins within 21 days of your
1:21:48
arraignment. You've already set an exam date
1:21:50
for you next week in the afternoon on April 2nd to ensure
1:21:53
your hearing can start within that time frame.
1:21:55
Did you hear what your interview has requested about setting
1:21:57
another court date like today's date?
1:21:59
Yes, ma'am. In order to do that, you would
1:22:02
need to waive your right to have your hearing begin within 21
1:22:05
days of your arraignment date. Are you willing to?
1:22:06
Do that. Yes, ma'am.
1:22:09
I will accept the waiver. We'll take the exam date off of
1:22:13
the second. This case is somewhat
1:22:18
problematic in that I'm not sure how it got set for a Zoom
1:22:21
arraignment to begin with. I know you know the back story.
1:22:24
The problem that I have now is that your client has continued
1:22:27
to make requests to appear via Zoom.
1:22:29
They would not automatically be granted now that you are
1:22:32
appearing on her behalf. If you need to make a request to
1:22:36
appear via Zoom, we can address that, but I can't accept them
1:22:40
from your client directly, so I'm sure she'll have an
1:22:44
opportunity to discuss that further.
1:22:46
We can set this for another Zoom probable cause conference.
1:22:49
I don't object to that, but if you speak with your client once
1:22:53
you get the discovery and her intention is to set an exam,
1:22:57
please be advised that when we. Pick a date.
1:22:58
She will be here in person. And there will be no exceptions.
1:23:02
She also has to be fingerprinted, which is why the
1:23:05
arena never should have been set on Zoom.
1:23:07
So we need to come up with a plan to issue an order for her
1:23:11
to be fingerprinted, which can only be done in the state of
1:23:14
Michigan. So I don't know if that's
1:23:16
something that you'll have a chance to speak with her as well
1:23:18
on. I can set it out for a period of
1:23:21
time or we can wait to see what's happening at the next PCC
1:23:26
and then issue an order. But but I have to issue the
1:23:29
order and she has to be fingerprinting.
1:23:32
Understood, Jerry. I think at this time it might be
1:23:35
best to figure out what we're going to do at the next probable
1:23:37
cause conference, OK. I mean, we would, we were going
1:23:42
to request the next hearing be via Zoom as well.
1:23:45
And I understand that the court typically holds preliminary
1:23:48
exams in person as well. So that is going to be a
1:23:51
conversation that we are going to have going forward if that's
1:23:54
the route that we were going to take.
1:23:58
I know that there's a little bit of financial difficulty with my
1:24:03
client being able to appear via via in person.
1:24:07
So, but we may have to address that.
1:24:10
But now I hear the court that there is going to be no
1:24:12
exceptions if there is a request to have an exam.
1:24:16
Yeah, I mean, there really wouldn't have been an exception
1:24:18
anyway. I we're, we're working through
1:24:21
this issue, I think. But she contacted the clerk's
1:24:25
office and requested resume arena on a felony, which was
1:24:29
probably not the best way to handle this case and get it
1:24:32
started. So then she would have.
1:24:33
Full. Understanding of the
1:24:35
requirements of participating in the proceedings, but the case is
1:24:39
moving forward now. I have no.
1:24:40
Problem with her hearing via Zoom now that you have been
1:24:44
appointed and you're making the request on her behalf,
1:24:46
obviously. She.
1:24:47
Appears to live out of state, but she has to get fingerprinted
1:24:50
at some point and will be required to come back to the
1:24:53
state of Michigan to do that. And then obviously any hearing
1:24:58
that takes place that has testimony that.
1:25:00
Would be required. She'll be.
1:25:01
Here in person for that as well, I understand the bond conditions
1:25:05
that were set. Looks like she was given.
1:25:07
Pretrial services, supervision and she's checked in as
1:25:11
directed. They went over those initial
1:25:14
conditions with her and I think she.
1:25:15
Completed her first. Check in.
1:25:16
So no issues with fine thankfully.
1:25:19
I'll just ask that she continue to check in as directed with
1:25:22
pretrial services. We can set this out for a couple
1:25:25
of weeks and just put it on a docket since you know she's
1:25:28
going to be appearing on Zoom. If you need to do the same on
1:25:31
that day, that's fine. OK.
1:25:32
Thank you. All right.
1:25:34
Is there anything else we need to address today were.
1:25:36
We going to pick the date at the counter.
1:25:38
They'll probably just issue it based on what's available if you
1:25:41
have. If you have a.
1:25:42
Date that you would like. You can make that request out
1:25:45
there. I'm not.
1:25:49
That's. Fine if you stay.
1:25:50
Within the next. Between the next two to three
1:25:53
weeks, I don't have anything on. Heuristics in the morning.
1:25:56
Yeah. OK, great.
1:25:57
That'll be perfect. Thank you.
1:25:58
All right, we're all set. And they'll send you your notice
1:26:04
in the mail. OK.
1:26:06
Thank you. All right, friends.
1:26:27
So that's Judge McGinnis. If you haven't already given me
1:26:29
your vote on how you like her, be sure to do that in the poll
1:26:33
that's in the chat. But let's go to somebody who's
1:26:35
become the new crowd favorite, Judge Aquilina.
1:26:52
This is Docket 253725 FH People in the state of Michigan versus
1:26:57
Anthony Rashad White Counsel. Your appearance for the record.
1:27:01
Good morning you runner Robert Ionic, Special Assistant AG and
1:27:04
the other people. Aaron Robinson, assistant public
1:27:06
defender for Mr. White. Thank you, Sir.
1:27:08
Please raise your right hand. Do you swear or affirm the
1:27:11
testimony you're about to provide with the truth, full
1:27:13
truth and nothing but the truth unto your perjury?
1:27:16
Thank you. Put your hand up.
1:27:17
You're taking any medication yesterday or today?
1:27:21
Are you supposed to be on medication that on any sign of
1:27:24
fever, COVID or other illness? No.
1:27:26
And have you had enough time to speak with your attorney?
1:27:28
Yes, ma'am. I understand there's going to be
1:27:30
a plea today. Is that correct?
1:27:31
Correct. And are you AUS citizen?
1:27:33
Yes. At the time of the offense
1:27:36
you're pleading to, were you on probation, parole or bond
1:27:39
conditions with another court or this one?
1:27:41
Just this one. OK.
1:27:43
And what you were on find conditions on this file is
1:27:46
there. Another.
1:27:47
File. OK.
1:27:48
Just making sure because I have to look at all the ramifications
1:27:51
as a result of the case that you're all.
1:27:53
Right. All right.
1:27:56
And you still reside in Battle Creek and Laura and your
1:28:02
employee? Yes, Sir, and.
1:28:03
What do you do? Right now I'm just doing the
1:28:05
DoorDash. On behalf of the people, what is
1:28:13
the plea agreement? The family.
1:28:16
Pleading. Guilty to count one year honor
1:28:17
count 2 will be dismissed. There is a recommendation of no
1:28:23
upfront jail providing defenders paying his child support.
1:28:27
People will seek reimbursement of prosecution costs in this
1:28:30
case. Extradition from the state of
1:28:32
Texas Excuse. Me, Nevada, the amount of. 4600
1:28:36
and. $18.00 that will be. Subordinate to child support
1:28:39
restitution. I'm sorry, 4600 and. 4618. 18
1:28:45
OK, but that will be paid after the Child Support, is that
1:28:48
correct? And given the size of the urge
1:28:50
in this case, it's unlikely to see that one all.
1:28:53
Right. So, Sir, you no longer live in
1:29:03
Nevada. No, I was only in Nevada just
1:29:06
helping my mother because she's been sick, but I live here in
1:29:09
Battle Creek, MI. OK, got it.
1:29:13
Thank you. Is that full care accurate and
1:29:16
complete? It is Your Honor, full care,
1:29:18
accurate and complete survey. Yes, yes, Sir.
1:29:21
All right, And counselor WAVY reading count 2.
1:29:23
We are asked to count 1. Would you like me to read read
1:29:29
the information on it? Yes.
1:29:30
Sir. People of state of Michigan
1:29:32
versus Anthony Rashad White people allege that honor between
1:29:37
October 1 of 2018 and February 29th of 2020 in the city of
1:29:44
Lansing County of Ingham, the defendant.
1:29:47
Did not pay child. Support for his child in the
1:29:49
amount or at the time stated in order entered by the AM County
1:29:53
Circuit. Court.
1:29:55
File #2012. 000. 41 UN. This is contrary to admission.
1:30:02
For power law. 750.16. 5. This is a.
1:30:06
Felony punishable to four years in prison and or a fine of $2000
1:30:13
for shoulder reinforcement to collect DNA identification
1:30:16
profiling sample before sentencing or disposition
1:30:20
because it's not already been done.
1:30:21
The outstanding arrearage as of June 20/20/24 was 191,682.
1:30:30
For the record, the current aurorage is $226,295.
1:30:38
Thank you Sir. Did you understand what was just
1:30:41
read? Yes, we are.
1:30:42
So you understand count one child support failure to pay is
1:30:48
a felony punishable by four years and or $2000.
1:30:51
Yes Sir. Now were there 2 files or two
1:30:56
counts because there were two children?
1:30:57
Is that correct? I.
1:31:00
Believe it was two different time periods, your honor.
1:31:02
OK. All right.
1:31:06
I just want to make a record that this would be for the full
1:31:11
time period, just if being count 1 would also incorporate count
1:31:17
2. So the time period technically
1:31:19
would be October 1st 2018 to December 31st 2023.
1:31:25
Is that correct? The the count, the count that
1:31:31
he's pleading to only covers a particular period of time,
1:31:35
right? Obviously the entire rear is
1:31:36
just the entire period for which.
1:31:39
Right, but this is akin to dismiss files.
1:31:43
Even though they're dismissed, someone would still owe the
1:31:46
restitution. He still owes the Child Support
1:31:49
even though he's pleading to count 1.
1:31:52
So technically the Child Support is owed from October 1st
1:31:56
actually to today's date. That's correct.
1:31:59
I just want that to be for the record so there's no mistake on
1:32:03
appeal saying sometime you didn't have notice.
1:32:06
I'm not saying you would do that, Sir, but we see it all the
1:32:08
time. We're a notice state.
1:32:10
We are required to provide you notice of all the ratifications
1:32:14
of your plea, which would include paying child support
1:32:17
from the time near where it began through today's state and
1:32:20
beyond until it is paid in full. Do you understand all of that?
1:32:24
Yes, Sir. And you still want to go forward
1:32:26
with the plea? Yes, Sir.
1:32:27
All right. Thank you.
1:32:29
Looks like you signed the advice of rights form.
1:32:32
Did you read it before you signed it?
1:32:34
Do you? Understand what you read and if
1:32:36
you had any questions you were able to ask those of your
1:32:38
attorney and you've decided to plead to the count as we've
1:32:43
discussed after consulting with your attorney and you're
1:32:47
pleading of your own free will, no enforced threat nor coerced
1:32:51
you to plead and you've been satisfied with the
1:32:54
representation of council as to count 1, failure to pay child
1:32:59
support. How do you plead guilty just for
1:33:05
the records since you said both guilty or not?
1:33:09
And Sir, you understand that by pleading guilty you're giving up
1:33:12
your automatic right of appeal. If you choose to appeal, your
1:33:15
first have to ask permission of the Court of Appeals to appeal.
1:33:17
And now it becomes their decision whether your issues are
1:33:21
important or not important to you.
1:33:22
Had a bench trial or a jury trial, they'd have to take a
1:33:25
look at your unhappiness regardless of whether they agree
1:33:28
with it or not. Have to look at it.
1:33:29
But now it's their decision to understand that you're also
1:33:32
giving up your presumption of innocence, holding the people to
1:33:35
their burden of beyond a reasonable doubt, putting up a
1:33:39
defense, bringing witnesses, remaining silent without them
1:33:43
having used, without that being able to be used against you.
1:33:47
Except you understand all that. Yes, Sir.
1:33:48
Are they? All right.
1:33:50
Thank you. Other than the agreement, has
1:33:54
anyone told you what I will do at sentencing?
1:33:56
Has anyone told you what I will? Do has?
1:34:03
Anyone told you what I will do at sentencing other than the
1:34:06
agreement you all make? They could not have because I'm
1:34:11
not fully informed. I will make up my mind.
1:34:13
Yeah. It's just to make sure no one's
1:34:15
promised you anything. All right, All right.
1:34:18
And Sir, there is a recommendation for no upfront
1:34:23
jail. That's an agreement with all of
1:34:24
you. If everything goes well and I
1:34:26
gave you some upfront jail, I've aligned with Dry.
1:34:28
Your plea in this matter would again go to the free trial
1:34:30
stage. However, if you violate the law
1:34:32
or bond. Conditions.
1:34:33
I do not have to honor that. I do not have to lie with dry
1:34:36
your plea. Do you understand that as well?
1:34:38
All right. Thank you, Sir.
1:34:40
Did this offense occur between the dates of October 1st, 2018
1:34:46
through today's date details regularly paid child support and
1:34:52
that was in Docket 2012 41 in UN and you understood that you had
1:35:01
is it a child or more than one child?
1:35:02
Just one. Child, child.
1:35:04
OK. And you understood that you
1:35:06
needed to pay child support and at some point you just stopped
1:35:10
paying child support and didn't pay enough child support.
1:35:13
So we ended up, as of June 2024, with an arrearage of $191,682.
1:35:24
And it's likely more today. Yes, Sir, all right.
1:35:28
And you knew that that was payable to the England County
1:35:31
Circuit Court and then the court would credit you for the amounts
1:35:35
paid and it would be paid to the mother of your child.
1:35:37
Yes, Sir. All right.
1:35:46
On behalf of the people, any additional questions?
1:35:49
On behalf of your planning, any additional questions?
1:35:51
No, you're not. Are Council aware of promises,
1:35:54
address or inducements other than those that are already
1:35:56
placed on the record? No, you're not.
1:35:57
No, you're not. Does corporate apply?
1:35:59
Affordable. It has.
1:36:01
I find defendants plea has been pretty voluntarily, knowingly
1:36:04
and understandingly made without undue influence, threats,
1:36:07
coercion or promises of leniency.
1:36:08
I also find there's sufficient grounds to accept defendants
1:36:11
plea. Therefore, Count one will enter.
1:36:13
Count 2 is hereby dismissed. And I see that the People have
1:36:17
given me a Nelly cross in regard to Count 2 for deciding that.
1:36:23
Thank you for providing that. If there are any outstanding
1:36:38
warrants related to this file Pose are hereby with Paul and
1:36:42
Smith and dependent is on notice that there will be not only this
1:36:49
money owed, but also the reimbursement for extradition.
1:36:57
Do we have a sentencing date? June 3rd.
1:37:01
At 10:30. Does that mean with your
1:37:04
schedule council? It does.
1:37:06
Thank you. All right, Sir, you'll need to
1:37:08
make and keep an appointment with probation.
1:37:10
The phone number is on that sheet there that your council is
1:37:13
going to hand to you. It's 5174836100.
1:37:17
But the best thing to save you a lot of time of dialing and being
1:37:22
unhappy, they don't pick up the phone is to, while you're in the
1:37:24
building, just go downstairs and make that appointment and keep
1:37:27
it. They're going to do a very
1:37:28
detailed presets investigation report, which I have to have
1:37:32
before I sentence you and your attorney can direct you further.
1:37:37
They'll need to read that before sentencing.
1:37:39
We'll all talk about it and about your mind.
1:37:41
Conditions are continued. Is there anything else we need
1:37:44
to address, Council? No, Your Honor, it's fine.
1:37:46
Thank you very much. No, your Honor, So is your
1:37:48
DoorDash. Is it full time?
1:37:51
Yeah, well, yes, because she my fiance, she's pregnant so she
1:37:55
can't do anything right now, so. So she's driving you?
1:37:58
Yes. OK.
1:37:59
Do you have a license? No, no.
1:38:02
OK. Can you get a license or no?
1:38:07
I believe I think I have to pay. I'm not sure I can.
1:38:10
I can look into it to make sure I get it.
1:38:12
Well, because once she has the baby, and maybe if she gets
1:38:15
farther along, she might not be able to die.
1:38:17
So, Sir, I don't know. Where else do you work besides
1:38:24
Jorge? I worked at strippers.
1:38:28
It was a factory and what I'm going to do after this is
1:38:33
actually try to go back there too, so I have a second option
1:38:36
available. I was just going to suggest.
1:38:38
You need a couple things. You need a second option.
1:38:40
You need to work full time. Plus, I mean, you're, you're
1:38:45
giving me that's not cheap. Correct.
1:38:48
Yeah. And do you have health
1:38:50
insurance? Yes, Sir, is.
1:38:52
That through the county or state.
1:38:54
Through the state, Do you? Have a retirement?
1:38:58
It's. Probably known you need to get a
1:39:01
job. Sure they're capable.
1:39:04
It's where it has benefits. You not only have this challenge
1:39:08
you have to pay for, but a new one.
1:39:10
And I'm assuming you want to retire and not be homeless.
1:39:15
Let's get your act together. How old are you?
1:39:17
36. It's time.
1:39:19
Served OK, so you you. Start applying for some better
1:39:25
jobs. If you need help with that,
1:39:26
we're going to do that on probation.
1:39:28
As you start working, figure out what kind of job you want.
1:39:31
I think you need a job with benefits and vacation day,
1:39:35
family leave time and all that, and you're already behind the
1:39:40
way for your retirement. So let's get going on all of
1:39:43
these fronts. OK, All right, we'll talk more
1:39:45
about it and certainly probation will.
1:39:48
And please go downstairs and make your appointment.
1:39:51
Spider by exhibitions are continued.
1:39:57
So just to summarize, 100 and some odd $1000 behind on child
1:40:02
support and he has another one coming with a different lady.
1:40:08
OK, people make their choices, don't they?
1:40:12
Let's go to Texas, say good morning to Judge Stevens or not.
1:40:23
Oh, man, it, it never ceases to amaze me.
1:40:29
You know, we try to switch to a court and just as soon as I
1:40:34
switch, I delete the stream at least a couple times a week.
1:40:41
Let's try. Judge McNally just had the same
1:40:46
charge as Musa. She she didn't have any prize.
1:40:49
I don't know what to tell you for that full answer that 25 F
1:40:55
244791 morning your name freeze your right hand.
1:41:04
Please tell me swear from the penalties of perjury.
1:41:06
The testimony of giving these proceedings if it go through
1:41:08
self you go yes. Did you do all your community
1:41:14
service? No, I didn't do it too.
1:41:16
That was they marked it down when I did it, but I told them
1:41:20
to ski. Or did I?
1:41:22
All right, I'm going to have to check on this.
1:41:24
Have a seat. OK.
1:41:25
Thank you. All right, Jack, Jack Adriana
1:41:30
Palia View 26 T 647413 Find the lawyers.
1:41:37
All these lawyers. Good day, Your Honor.
1:41:39
Robert Curry, pairing on behalf of Miss Adriana Polyvoo.
1:41:42
Judge, the people in the back told me you were going to charge
1:41:44
us anything and you were going to buy us a dinner at Outback
1:41:46
Steakhouse. We, we've, we've sought relief
1:41:53
to set aside the default. I don't know how this got lost
1:41:55
in the system. Your office granted the relief.
1:41:57
We spoke with the prosecutor. The prosecutors agreed, given my
1:42:00
client's driving record, to either give me blockading or
1:42:02
impeding. So you tell me which one.
1:42:04
And it's a. Non impeding.
1:42:07
That's fine. I'll set aside the default
1:42:09
judgment. He's doing that by implication.
1:42:11
He didn't. He didn't address that.
1:42:17
I don't think I'm a step form here, but I'm going to go ahead
1:42:19
and do it. And did you, did they post a
1:42:23
bond on this one, Heather? I don't believe so, Judge.
1:42:30
I think we just. Did it on the.
1:42:32
Attorney's motion. There's no bond.
1:42:35
Fair enough. OK, to the charge of impeding
1:42:38
responsible or not responsible. Responsible, Your Honor.
1:42:41
Yeah, it was just a internal issue, right?
1:42:45
Yes, Judge. All right, good enough. 150 is
1:42:47
your total. I'll give them a week to pay.
1:42:49
Give them till April the 2nd actually.
1:42:51
Yeah, one week to pay. OK.
1:42:53
Is that going to do it? Your honor forgot give me two
1:42:55
weeks just because I want to make sure between the holidays
1:42:57
and everything. Else 49 April 9th OK.
1:42:59
Thank you Judge, enjoy your holidays.
1:43:01
Peace. You too.
1:43:02
Thanks. Searcy Jalen, Dominic Searcy
1:43:06
26647832A and B, What kind of case do you have?
1:43:13
Is it going formal hearing? What's the name of the
1:43:15
defendant? OK, Sir, I'm going to ask you to
1:43:22
have a seat right there right now, OK?
1:43:26
Yes, Sir. Adam, Adam.
1:43:29
Adam Attalla 26647736 When you're on a rolling for time,
1:43:34
you have all right, you're going to plead the impeding that's
1:43:37
Prairie restore solve it to that charge on his behalf.
1:43:42
Responsible or not responsible. All right, he he's got to slow
1:43:47
down here. All right, He's getting a little
1:43:51
185 and he's and I'll get him till the the second.
1:43:56
OK. Is that enough time?
1:43:58
Probably too reached. All right, I'll give him till
1:44:02
the 9th, but tell him to slow down.
1:44:04
OK. Thank you very much.
1:44:07
Who do you have? I have.
1:44:10
Mr. FIA Ready, who do you have, Mr. Mace?
1:44:13
I've got Jalen Ross and Michael Wright.
1:44:16
All right, give me one second. I'm going to take FIA Ready
1:44:18
first. Anthony Joseph.
1:44:19
FIA Ready. File #26G3 O 6834.
1:44:25
Good morning, Your honor. Record James Schlock 30720 OK
1:44:30
your name. Anthony, if you're ready.
1:44:32
This can be a pleat operating while impaired.
1:44:34
They're going to dismiss the Superdrome.
1:44:35
True. Is that what you want to do?
1:44:38
All right, if you plead the operating well impaired,
1:44:41
positive penalties are up to 300 fines, 93 days jail, 360 hours
1:44:45
community service court costs are all four points.
1:44:48
License suspension or revocation in accordance with your record
1:44:51
in your vehicle could be or might have to be immobilized
1:44:53
depending upon your record. You understand that, but you
1:44:56
sign, read and understand the advice of rights form here today
1:45:00
you plead guilty, you'll be giving up all those rights and
1:45:02
there will be no hearing or trials.
1:45:04
You understand that charge operating more visibly impaired.
1:45:07
How do you plead? We operating a motor vehicle in
1:45:10
the City of Gibraltar on Wilson or North Gibraltar on December
1:45:13
7th at 25 at 11:16 PM. I did.
1:45:17
Did you drink alcohol before I did?
1:45:18
What did you drink and how much beer?
1:45:21
How many? At least a dozen stuffed and
1:45:23
water. What else?
1:45:26
Shots, yeah, a couple shots, yeah.
1:45:27
What kind of shots would have been Jameson whiskey and you
1:45:31
were involved in an accident? I I had tried to do AU turn and
1:45:35
I landed on the rock. Yeah.
1:45:38
You had you was in a parking. Lot.
1:45:40
Too. You think that this happened, at
1:45:41
least in part, because your alcohol consumption?
1:45:45
Was this a blood draw? It was.
1:45:46
Do you stipulate that this reading was accurate?
1:45:48
0.367 Yes. Are you on probation or parole?
1:45:52
Pretrial services? I have an alcohol feather.
1:45:55
After this I had to ask for it. No, no.
1:45:58
I'm asking you right now, are you on probation, parole, No.
1:46:03
In. The roads pretrial spurs is
1:46:05
being dismissed, being dismissed for a second.
1:46:07
I don't know what. What kind of what kind of case
1:46:10
is that? It's a dog, domestic.
1:46:15
Anybody force you to plead guilty or promise you anything
1:46:18
to induce you to plead guilty? No, you haven't.
1:46:23
You did you ever have a prior alcohol related 2019 government?
1:46:32
He better get into the sobriety court that I have, but he's
1:46:35
going to jail. He this what you mentioned last
1:46:37
time? Good.
1:46:38
I'm glad I'm consistent. He has been in treatment.
1:46:44
He's been going to a Bailey as well.
1:46:46
But however he needs to get into sobriety court.
1:46:49
He's ready to do that. Did you get printed on this case
1:46:57
yet? I didn't after the last.
1:46:59
Case I went up to last time. Who's Thomas P already?
1:47:06
That's my father. So.
1:47:12
So he's going to get in the sobriety court.
1:47:16
I'm not quite sure the mechanics of that.
1:47:18
Is that something that goes through probation?
1:47:20
Here's what will happen. If you want to do this, and I'm
1:47:23
not threatening you. I'm just telling you with this,
1:47:26
with this breathalyzer blood result, I should say you having
1:47:30
a prior, you're going to go to jail if you don't get in the
1:47:33
sobriety court. I understand your sobriety
1:47:36
court. We put you on bond conditions
1:47:38
today. You'd immediately get a
1:47:39
Silverlink device. You'd immediately start trust
1:47:42
testing at your own expense right now, three times a week.
1:47:45
You'd immediately get into treatment.
1:47:47
You'd be going to AANA 3-4 times a week like I ordered you
1:47:51
before, right? I ordered four times during
1:47:53
combination treatment any day. He has been doing that via.
1:47:56
Zoom. He has notation to that regards.
1:48:00
Throw them in person. I did say in person.
1:48:04
I wrote it down even. I don't know why these guys
1:48:06
don't listen. Why haven't you been going in
1:48:09
person, Your Honor? I have a. 50 to 60 hour week at.
1:48:12
Work. I have my daughter.
1:48:13
Four days a week. I told you, did I not tell you
1:48:18
to go in person? I know I did.
1:48:21
Don't don't, don't waffle him. I mean, you got a problem here,
1:48:25
son. No, I mean no disrespect.
1:48:31
I don't know why I have to repeat myself And and people
1:48:40
just change their own, make their own orders.
1:48:42
I mean, you can put on the road if you want.
1:48:44
I mean, I guess I could come over there.
1:48:46
You can. I'm going to let it go this
1:48:52
time. I'm not going to let it go.
1:48:55
Again. So let me finish.
1:48:59
Now you'd be going to a A and a personal.
1:49:03
You'd be in treatment. You'd be testing three times
1:49:06
weekly at your own expense. You're on the sober link at your
1:49:09
own expense. You'd have to come and meet with
1:49:12
probation every other week, and you'll meet with me at a status
1:49:15
review either at 7:30 in the morning on Wednesdays or 3:00 in
1:49:19
the afternoon on Wednesdays. But I'm going to move that
1:49:22
afternoon session to Tuesdays on May 1st.
1:49:25
So you can either come Wednesday morning or Tuesday afternoon
1:49:28
starting in May, we will put you through a bond phase if you're
1:49:32
compliant. We think you're serious about
1:49:34
getting yourself some help. We'll exception of the program,
1:49:37
our grant funding will be used to pay for your testing to pay
1:49:40
for your sober link. If you have any deductibles, we
1:49:46
can help you with that. If you're not able to afford it
1:49:48
said at any rate that that's your options.
1:49:52
And I'm going to presume that you're going to go in the
1:49:55
sobriety court. OK, good sobriety court, but I
1:50:00
want I don't, I don't want people in this that are just
1:50:03
doing it either for a license or to stay out of jail.
1:50:07
I got to tell you, I've run this program.
1:50:10
I'd rather do 90 days and go through soprano for myself.
1:50:14
I would, but that's not the point of it.
1:50:18
The point of it is to get you some help so you don't kill
1:50:20
yourself or kill somebody else. You get another one in the next
1:50:23
68 years and you're it's a phone.
1:50:26
OK, So Heather, I'm going to take a date about 5-6 weeks out.
1:50:30
OK. Will it be 1 of my house cows
1:50:32
today? Yeah, we'll, we'll give you a
1:50:34
date on that. So about the end of eight, I'm
1:50:38
going to say early May maybe. We have Gibraltar here on May
1:50:44
7th. How about that day?
1:50:47
Is it a Thursday? Yes, it is.
1:50:50
May 7th at 8:30. OK, but you got to go meet with
1:50:54
probation. Give this a lot of thought.
1:50:57
Even if you change your mind, I'd rather you come and tell me
1:51:00
now than start the program and fail it.
1:51:04
Not fully committed to the program.
1:51:05
All right. Well, that's good.
1:51:06
OK, Good enough. Good luck.
1:51:08
Go down the hall, get your notice, then go meet with
1:51:09
Probation. Thank you.
1:51:11
Thank you. All right.
1:51:16
Michael James Wright, 260-647-6908, B&C morning to
1:51:21
you. Good morning, Your honor.
1:51:23
William Mays. I'm having this right Mr.
1:51:25
Wright, your name Michael Wright.
1:51:27
OK, so we have a no trailer play serious safety defect no medical
1:51:31
waiver card File C is the misdemeanor does he stay mute
1:51:35
wave formal rating Yes, not guilty please enter.
1:51:38
And then as I understand he's going to plead responsible to
1:51:43
defective commercial vehicle that's file the serious safety
1:51:48
defect as it file count 1 and he's going to plead to fair to
1:51:53
properly display failure to attach plates and then they're
1:51:58
going to dismiss the no medical waiver card correct.
1:52:00
That's correct. Is that what you want to do,
1:52:02
Sir? Yes.
1:52:03
And this was a this was a commercial vehicle correct.
1:52:08
Yes. OK to that charge failure to
1:52:10
attach plates are responsible or not responsible responsible.
1:52:14
And to the charge of serious safety defect, file a count 1.
1:52:20
Responsible or not responsible. Responsible.
1:52:23
OK. Should I ask for cops?
1:52:28
I don't know. These are these are simple
1:52:30
infractions. I might give you cops on these.
1:52:34
All right. And then B, file the no medical
1:52:36
waiver. File is dismissed.
1:52:37
Did he go into default on these? No, I don't think so.
1:52:41
I don't think he was here. February 26th.
1:52:43
I'll set it aside. Why weren't you here?
1:52:46
February 26th? Excuse me, why weren't you here
1:52:51
on February 26th? Should we move from one house to
1:52:54
another? All right, good enough.
1:52:55
I'm just. I'm accepting your plea of the
1:52:57
serious safety defect. Fines cost on that 325.
1:53:01
I'll make it 300. I'll dismiss count 2.
1:53:05
And on the failure to attach plate, $200.
1:53:08
You can go down the hall. That's $500.
1:53:10
Pay it all, and we're done. OK.
1:53:12
Thank you. Thank you.
1:53:13
Give me one second here. I walked into it.
1:53:19
Blizzard here. It's looks like you have Ross.
1:53:22
Yes. Ross, Good morning, Your honor.
1:53:26
William Mays. I'm here, Mr. Jalen.
1:53:27
Ross, Mr. Ross. I got to call it though.
1:53:30
Jalen Edward Ross, 266466-O5A and B your name, Sir Jalen
1:53:36
Edward Ross, Mr. Mays, Judge, we have gone through his rights
1:53:39
explicitly. He signed and executed an
1:53:42
advisive rights form. Ross getting an.
1:53:44
Attorney has agreed to dismiss the original charge of OWI
1:53:47
Superdrug permanent account of the operating will visibly
1:53:50
impaired, dismissing the PBT ticket.
1:53:52
And also in the comments to that which I need a copy of before I
1:53:55
leave. They're withdrawing the implied
1:53:58
consent refusal under Rule 250-7305 sub four, which is
1:54:03
scheduled for next week. Mr. Ross understands the maximum
1:54:07
possible penalties and plead guilty at this time, Is that
1:54:10
correct? All right, if you plead guilty
1:54:14
to operating when impaired, I'm going to go ahead and dismiss
1:54:18
the Super drunk and the PBT refusal.
1:54:22
I understand your lawyer and the prosecutor have worked this out
1:54:25
with regard to the implied consent suspension.
1:54:27
The impaired charge will call for you.
1:54:29
Did stand me away. Formal reading, right?
1:54:32
Stand me wait formal reading. If you plead the impaired down
1:54:35
operating while impaired, the possible penalties are up to 300
1:54:38
fines, 93 days jail, 360 hours community service, court costs
1:54:41
are all four points, license suspension or revocation in
1:54:44
accordance with your record. Your vehicle could be or might
1:54:47
have to be immobilized depending upon your record.
1:54:49
You understand that? And did you sign read and
1:54:52
understand and advice the rights form here today?
1:54:55
If you plead guilty, you'll be giving up all those rights and
1:54:58
there will be no trial. Do you understand that?
1:55:01
Any questions before we go on to the charge operating all visibly
1:55:06
impaired, How do you plead? We operating a motor vehicle on
1:55:10
West Jefferson near Sibley in the city of Trent at 2:26 in the
1:55:13
morning on February the 7th of 26.
1:55:15
Yes. Prior to that, did you drink
1:55:17
alcohol and if so, what did you drink and how much did you
1:55:19
drink? I had.
1:55:20
About. 7 to 8 Bud Lights and following that 5 or 6 giga
1:55:26
bombs. Why?
1:55:27
Why were you pulled over by the police?
1:55:29
I was aware to me that I had fallen asleep at at light with
1:55:33
my foot on the brake pedal and then they had woken me up and we
1:55:37
pulled. Over to the.
1:55:38
Side and you think you fell asleep at least in part because
1:55:42
of your alcohol consumption. He doesn't drive.
1:55:45
Still my foot was. Yeah.
1:55:46
Didn't you fall asleep because of the alcohol?
1:55:49
That and due to being weightless for 25 hours.
1:55:52
I recently shifted midnights. But that is and, and when you
1:55:56
were. OK.
1:55:58
So you were arrested, transported the police station
1:56:00
and administered an intoxilizer. Is that you know what?
1:56:03
Yes, .19. I'm sorry.
1:56:06
OK. And you'll stipulate that that
1:56:08
was an accurate reading? Yes.
1:56:10
Are you on probation or parole, Mr. Ross?
1:56:12
Yeah. Anybody in the world forced to
1:56:14
plead guilty, please accept it till I'm here driving and
1:56:18
dismissing the Super drunk. I'm dismissing the PBT refusal.
1:56:22
I'm going to order a screening and assessment.
1:56:25
You'll go down the hall, you'll get your court date, which we're
1:56:27
going to give you and then you go back over to probation, fill
1:56:29
out a questionnaire and be interviewed.
1:56:31
I'm going. I'm going to give you $1000
1:56:34
personal bond. You don't have to post any
1:56:36
money. Here are your bond conditions.
1:56:38
You cannot leave the state without the consent of the court
1:56:41
or violate a law. You must appear in court was
1:56:43
directed no alcohol, no marijuana, no illegal drugs.
1:56:46
I want you to attend a 12 step meeting twice a week in person.
1:56:49
My court officer is going to get into a form.
1:56:52
Every time you go, you have to have that form signed.
1:56:55
Every time you come to court, you have to bring that form with
1:56:57
you. Do you understand this, Sir?
1:56:59
Yes, Sir. All right, I'll give you the
1:57:02
court date now. We'll see if this is good with
1:57:04
you. Mr. Mays.
1:57:05
What do you have for me? Heather by.
1:57:09
Him judge, we could do. How about April 23rd at 8:30?
1:57:16
Look that in 3rd, I can't remember.
1:57:23
Do I have Gardner here that morning?
1:57:25
Is that here? I'm drawing a blame I've got, I
1:57:28
think that's next week, isn't it?
1:57:30
Or the week after. April 23rd or I'm sorry, which
1:57:34
one is he looking for the. 23rd is kind of full.
1:57:38
I just I thought for some reason I might have a hearing here
1:57:41
already. I've got a 915 in Romulus.
1:57:47
I need to give you another date. It's not a big deal.
1:57:50
What? What other day do I have with
1:57:51
Trenton? Well, we have April 7th in the
1:57:54
afternoon. We're getting kind of full that
1:57:56
day. April 7th in the afternoon,
1:57:59
that's my mother's birthday I want to go to.
1:58:02
I don't want to be working too hard that day.
1:58:04
We're kind of we're kind of full that.
1:58:06
Afternoon, Judge. That's why I'm trying to push
1:58:08
everything to our next Trenton day, the 23rd.
1:58:10
Can you do the 23rd or not? If you can't, you can't.
1:58:13
We'll do 1:00. OK.
1:58:15
We'll do April 23rd at 1:00 PM. OK, Thank you.
1:58:20
There was no actually Heather, we don't really there was no,
1:58:25
there's not going to be any restitution here.
1:58:27
Do you want to just give me a Monday or something?
1:58:30
I can do that, judge. Let's just do a Monday.
1:58:33
Or you want to do a Monday. Or we could even do I'd like one
1:58:37
of our probation days to a Tuesday.
1:58:39
Fine, either one. How about does April 14th work
1:58:43
for you? How's that?
1:58:44
Sure. April 14th at 8:30.
1:58:47
OK. OK.
1:58:48
All right. Anything else, Mr. Mays?
1:58:50
No. Thank you very much, Your Honor.
1:58:51
Have a good day. Good luck, Sir.
1:58:53
Thank you. And I'm just going to defer.
1:58:58
No, that's it. That's it.
1:58:59
We're all set. Thank you so much.
1:59:02
Can I grab that file from you, though?
1:59:03
I need to. Yeah.
1:59:05
Make a copy of that. Yeah.
1:59:06
Secretary of State Heather, Mr. Mays is going to bring the file
1:59:09
down. Could you make a copy of that?
1:59:11
Can you make a copy of that stip form.
1:59:13
Form, please? Thank you so much.
1:59:14
Thank you. You, too.
1:59:16
All right. Who else do I have here?
1:59:18
You got all these lawyers waiting around?
1:59:20
What? What?
1:59:21
What do you have, Mr. Graziani? I've got Luke Durant, Sir.
1:59:24
Mr. French, what do you have? I have a ticket matter on Wood.
1:59:31
Let me call that Charlie. Marianne Wood, 26G3 O 6904 For
1:59:39
the record, Your honor, good to see you, Albeit by Zoom.
1:59:43
Yeah, good to see you. I haven't seen you in a while.
1:59:45
You doing all right? Yeah.
1:59:46
Everything's fine. You're moving through this
1:59:49
docket as well. Ron French, for the record,
1:59:51
appearing on behalf of Missus Wood.
1:59:53
All right, so this is minor accident, no injuries.
1:59:55
He's offering the impeding. You're authorizing that plea on
1:59:58
behalf of your client. True.
1:59:59
I am, your honor. Do that charge of impeding
2:00:02
traffic responsible or not responsible?
2:00:04
Responsible. Please accept it to impeding.
2:00:06
Original charge dismissed. 195 due by April the 9th.
2:00:11
OK, have a good day. Thank you.
2:00:13
I came in first event. The prosecutor review.
2:00:18
I wanted actually to have. I don't want to dismiss it if
2:00:23
she didn't do her community service.
2:00:25
I want to. I want you to take this over to
2:00:27
probation, John, please and tell them I need the check on they
2:00:31
need to check on that. The record indicates that she's
2:00:37
compliant. But when I asked her about it,
2:00:39
she said I know and they didn't address it in their notes.
2:00:42
They didn't say community service completed or not
2:00:44
completed. So take it over to the olden
2:00:45
probation office choice. I'm sorry, I didn't.
2:00:48
I didn't know I called you in there on that.
2:00:50
I didn't mean to. OK.
2:00:53
Thanks, Caitlin. Dominic Searcy, 26647832A and
2:00:58
B&C. Your name, Sir.
2:01:00
All right, good morning. You're charged with Dr. while
2:01:04
suspended and you have two civil infractions explained plate and
2:01:09
no proof of insurance. You have the right to an
2:01:11
attorney. If you want one, I will give you
2:01:12
1. If you want a lawyer, I'm not.
2:01:14
I'm going to go ahead and arraign you.
2:01:16
Then I'll explain the charges. I'll send you to the prosecutor.
2:01:20
In February the 18th and 26th, it is alleged that you did
2:01:22
operate a motor vehicle on King near Douglas and Trenton at 3:10
2:01:27
PM. That is a misdemeanor punishable
2:01:30
by up to 500 fines, 93 days jail.
2:01:33
Cross through all those two points.
2:01:35
Do you understand that? And did you sign, read and
2:01:38
understand the advice of rights form?
2:01:40
You plead guilty at any time. You'll be giving up all those
2:01:43
rights and we're not going to have a trial.
2:01:44
Do you understand that? You also have two other charges,
2:01:47
expired plate and no insurance. Those are civil infractions.
2:01:51
Do you understand that you still wish to waive your right to a
2:01:53
lawyer? I'll enter innocuity plea.
2:01:56
I'll enter a plea of denials on these civil infractions, $500
2:02:00
personal bond. You don't have to post any
2:02:01
money. You cannot leave the state
2:02:03
without the consent of the court.
2:02:05
You cannot violate the law. You must appear in court as
2:02:07
directed. You go out in the hall and he's
2:02:12
going to set you up with the city attorney for Trenton and
2:02:16
you'll go talk to the city attorney.
2:02:18
Either way, you're coming back and from.
2:02:20
OK. All right.
2:02:21
Good luck. Harold Lloyd Reed, the 4th.
2:02:25
Which one did you say you had again?
2:02:27
For myself, Judge, I have Luke Durant, Sir 5 Mr. Reed
2:02:34
26G3O6837. Your name?
2:02:37
Parallel Lawyer Reed, the 4th. All right.
2:02:39
You are charged with leaving the scene of a property damage
2:02:44
accident. You have the right to a lawyer.
2:02:46
Would you like a lawyer? I'll.
2:02:48
Tell. You on February 7th of 26th, it
2:02:54
is alleged that you did operate a motor vehicle and that you did
2:02:57
leave the scene of that motor vehicle following an accident
2:03:01
that occurred on Jefferson near South Gibraltar in Gibraltar at
2:03:05
1:00 in the morning. That is a misdemeanor and it's
2:03:07
got rather severe consequences. Up to 100 fines, 90 days jail
2:03:11
costs are all those six points would be added to your traffic
2:03:14
record. Do you understand that?
2:03:15
Yes, Sir. Did you sign, read and
2:03:17
understand the advice of rights. If you plead guilty, you'll be
2:03:20
giving up all those rights and we're not going to have a trial
2:03:23
of it hearing. Do you understand that you still
2:03:27
wish to waive your right to a lawyer?
2:03:29
With the six points on my license.
2:03:32
You're. About to have 11 before they
2:03:35
suspend you but I haven't seen your record yet.
2:03:38
I'd get a lawyer. I'll give you a lawyer. 100 out.
2:03:41
You don't want a lawyer. I just want to get it.
2:03:44
Off. You don't want to be that quick
2:03:49
about this one, OK? I'll take a lawyer.
2:03:52
All right, not guilty pleas entered $500 personal bond.
2:03:57
We'll give you a lawyer. This one goes to the jib
2:03:59
prosecutor. Mr. Baltzer Case, you cannot
2:04:03
leave the state without the consent of a court to violate a
2:04:05
law. And Mr. Pure in court is
2:04:07
directed. You understand that I.
2:04:09
Believe that I know what I did. You know what I mean?
2:04:12
I know what the I don't leave me like I'm not guilty.
2:04:16
I just don't know. What's that like?
2:04:17
I don't know. Oh yeah, I'll get an attorney.
2:04:21
Does he want his attorney? The prosecutor?
2:04:22
No. I don't know.
2:04:23
What the. Hang on.
2:04:23
Slow down. Yeah, I don't know.
2:04:25
Just slow down. Let me talk.
2:04:29
You don't need to fall on the sword here.
2:04:31
Go. Go.
2:04:32
Let the lawyer help you. OK.
2:04:35
We're going to set you up. Go out in the hallway.
2:04:37
Nobody's trying to take up your time unnecessarily.
2:04:40
We're just trying to be fair with you.
2:04:42
OK. All right.
2:04:43
And then the lawyer will go in and talk.
2:04:44
For you all right. All right, friends, let's move
2:04:48
along for yeah, Lake County, Ohio judge.
2:04:56
Judge O'Donnell has a fresh contestant.
2:04:59
He is basically asking the court to consider imposing the minimum
2:05:04
sentence for the church to which he pled guilty.
2:05:08
He indicates that that he'd like to go on with the rest of his
2:05:14
life, that he will. Abstain.
2:05:17
From alcoholic substances and driving without a license in in
2:05:20
the future he realizes this has had an effect on him and those
2:05:25
around him he has been to prison before, but.
2:05:31
I I think. He would follow the court's
2:05:33
orders and probation departments, community control
2:05:37
provisions if given the opportunity to do to do that.
2:05:41
He knows he's looking at at least 120 days in prison.
2:05:45
He would like it not to be more than that.
2:05:48
I'll explain that realistically there.
2:05:50
The court may consider some additional time, but he would
2:05:54
just like to get on on with his life, put this matter behind him
2:05:59
and live each day as a as a new day without alcohol.
2:06:05
Your Honor, thank you. Mr. Mackey, what do you want to
2:06:27
tell me? I.
2:06:30
Didn't hear you, Sir. What do you want to tell me
2:06:32
before I sentence you? I want to tell you that first, I
2:06:38
want to apologize to my family and to the courts.
2:06:41
Secondly, I just want to let you know that I promise to God it
2:06:46
was just an honest mistake I had.
2:06:51
I had just overcome drinking. I had just started back
2:06:54
drinking. Well, I had drink after my dad,
2:06:58
but I didn't say I just started back drinking.
2:07:00
That's when I, I came off of maybe like a six year since I've
2:07:05
been home from jail. That was like my first time
2:07:08
drinking. But when I, when I started
2:07:11
drinking, it made me think more and more about my dad's death.
2:07:15
So I really didn't like it. So we was out and I'm not going
2:07:22
to sit here like I just like tell you no story, like I took
2:07:24
some shots. One thing leads to another.
2:07:29
I thought I can make it home. I wasn't thinking.
2:07:32
I did the dumbest decision in the world by getting behind that
2:07:35
wheel. And I'm extremely sorry,
2:07:38
apologetic for everything. And I'm willing to do any and
2:07:41
everything it is to to let you know that it was just a mistake.
2:07:47
I'm just trying to get back to my family.
2:07:50
Where was the party? It was on 185th.
2:07:56
And then you left the party to go home.
2:07:58
Yes, Sir. You're going in the wrong
2:07:59
direction, weren't you? Huh.
2:08:02
No, I was going to my girl house.
2:08:04
She stays on three O 5. Well, you weren't going home.
2:08:08
That's that's where I was saying Sir.
2:08:11
You told me you were going home after the party.
2:08:13
Yeah, that's where I was staying with my girl on three O 5.
2:08:27
When's the last time you had a license?
2:08:29
My license was valid when it happened.
2:09:03
So what happened when you left 185th and you were gone
2:09:08
eastbound on Route 2? What happened?
2:09:12
It was a, it was a construction truck out there and I actually
2:09:15
pulled over to the side because I was behind the truck and I
2:09:19
when I put this truck stop and put his hazard lights on.
2:09:23
See the police car with the lights on.
2:09:25
No, the police car didn't have no lights on.
2:09:28
So after the truck had his hazard lights on and it stopped,
2:09:32
I had to bag up to go around the truck and as I was backing up to
2:09:35
go around the truck the officer pulled me over.
2:10:13
What kind of car were you driving?
2:10:15
A Van A A Chrysler Town and Country.
2:10:18
Who's it? Who's who's it titled to are?
2:10:21
We not done paying for it, but it's it.
2:10:23
It will be titled to me once I get.
2:10:25
Offensive Who's it titled to right now?
2:10:28
Eddie's Auto Eddie Eddie Auto Brokers.
2:10:36
OK, so there's an officer right at the Warden Rd. spot on Route
2:10:43
2 in the right lane with his emergency lights on to keep the
2:10:47
right lane closed from vehicular travel.
2:10:52
That's after there were Rd. signs as far back as the split
2:10:56
indicating road work ahead and another one that said right lane
2:11:02
closed. The officer saw a Dodge silver
2:11:11
Dodge past the location of where the cop was in the left lane.
2:11:18
Continuously changed lanes without signaling to the right.
2:11:21
Struck a cone. It was closing the far right
2:11:26
lane down from vehicular use. Vehicle entered the closed lane
2:11:33
and drove toward the construction vehicles with
2:11:35
construction workers actively working in front of it.
2:11:40
Vehicle nearly struck the rear of the construction truck and
2:11:44
swerved out of the closed lane and continuously changed lanes
2:11:47
without signalling, nearly striking another vehicle
2:11:50
traveling on the roadway. So that's what happened, right?
2:12:02
Yes, Sir. Well, it's not what you told me
2:12:05
happened, but that's what happened.
2:12:10
How many OV is you got? 3. 4 4. 4. 4 O9.
2:12:27
Wickliffe, 10. Bratnell 14.
2:12:31
Euclid 15 Euclid. So what happened to that last
2:12:40
one? Me and a buddy was in a car and
2:12:44
we slid. We slid and I tried to turn the
2:12:49
car and we almost hit a tree and my dude, he sprained his wrist
2:12:56
and he sued my insurance company and they came after me so I got
2:13:01
vehicles. You got aggravated vehicular
2:13:03
assault, right? Yes.
2:13:05
And a DUI, right. And a drug possession, right?
2:13:11
Yes. And a tampering with evidence.
2:13:14
And you went to prison for that? Yes.
2:13:16
Got out in March of 20 and now here we are in 25 with you being
2:13:31
drunk as a skunk going through a construction closed lane in a
2:13:36
construction site. Why?
2:13:39
Why are you doing the same thing over and over again?
2:13:44
You know, I'm not going to even sit here a lot to you, man.
2:13:47
It was an honest mistake and. It's not a mistake.
2:13:50
I know the way that it seems, it may seem like it's a repeated
2:13:54
offense. It is a repeated offense and
2:13:57
it's not a mistake. How did you get to the party?
2:14:02
I drove there OK. So did you, Did you drink them
2:14:08
them shots by mistake? No, Sir.
2:14:11
OK, so it wasn't a mistake. It was a decision.
2:14:14
It was a dumb decision, absolutely right, Sir.
2:14:18
And somebody with your experience with with four prior
2:14:25
Ovis 10 prior driving under suspensions had no business
2:14:34
doing what you were doing wasn't a mistake.
2:14:43
So then then. What's the date of this offense?
2:15:24
11:15, 11/12. 11/13/11. 13. On February 3rd, you pick up
2:15:38
you're you're driving again. Why were you driving in
2:15:42
February? Sure, I was driving to we was
2:15:47
taking my stepson to a doctor's appointment and my girl, she,
2:15:51
she, she can see, she got like the stigmatism in her eye and I
2:15:56
was driving and Sir, honest to God, true, I didn't think that
2:15:59
my license would be suspended in two hours.
2:16:01
Convicted. Well, you were wrong, absolutely
2:16:05
wrong, because it was suspended immediately, so you don't seem
2:16:10
to pay too much attention to all this stuff.
2:16:17
I do so. You don't.
2:16:19
If you did, you wouldn't be sitting here for the 5th time
2:16:29
now. Despite all that, you don't seem
2:16:33
to think you have a problem. Why is that?
2:16:40
I feel, I feel that like I can stop whenever I just, I feel
2:16:45
like I'm go cold Turkey. Then why?
2:16:47
Then why didn't? You idea, your honor, but.
2:16:50
You didn't because you drove through the construction zone
2:16:53
and almost hit a couple people, so you didn't.
2:16:59
Well, like I say, I had a stint of a stop.
2:17:05
This stuff goes back. These OB is go back to O9 O
2:17:28
9101415 25 and and you don't have a problem.
2:17:43
Yes, Sir. OK, well you do have a problem.
2:17:46
You, you don't, well, you don't have, you don't have any
2:17:50
insight. So you don't have because you
2:17:53
got a big problem. If you didn't have a problem,
2:17:56
you wouldn't be sitting here for the fifth time.
2:17:59
You got a big problem. Absolutely right what I said.
2:18:02
You're absolutely right, Sir. Why did you then?
2:18:06
Why did you tell me you didn't have a problem?
2:18:08
Why did you tell the probation officer who interviewed you that
2:18:11
you didn't have a problem? I told her I meant what I was
2:18:15
meaning to her, was telling her I didn't have a problem, stop
2:18:17
drinking. I didn't.
2:18:19
I didn't mean it like that's like I'm trying to assault you.
2:18:22
I will never try to assault you. I was telling her like I don't
2:18:25
have a problem. What do?
2:18:26
You tell you Yeah. And I.
2:18:27
Asked him if he. Thought he presently had a
2:18:30
problem with alcohol. He stated no.
2:18:32
I asked him if he ever thought he had a problem with alcohol
2:18:34
and he stated no. OK.
2:18:51
Anything else you want to tell me?
2:18:54
No Sir, I what I meant by that is I don't have a problem with
2:18:58
stopping. Well, if you if you don't have a
2:19:02
problem with stopping, then why didn't you stop?
2:19:10
That's an answer. That's an answer I can't answer.
2:19:15
Well, I mean the correct answer is you have a problem and you
2:19:22
can't stop. Yes, Sir.
2:19:25
That's the answer, Celesti. Thank you, Your Honor.
2:19:34
I couldn't disagree more with the defendant's characterization
2:19:37
that this was an honest mistake. He has the four prior felony or
2:19:41
I'm sorry, not felony 4 prior OVI convictions and served three
2:19:44
prior prison terms. One of those was in connection
2:19:46
with the prior felony OVI. And Despite that repeated
2:19:49
intervention, the defendant has continued to engage in the same
2:19:53
exact behavior which was drinking and driving.
2:19:55
What makes this offense especially more troubling is
2:19:57
that the defendant drove through construction zone, almost
2:20:00
striking the workers. The defendant does not appear to
2:20:03
show any genuine remorse for that, or fully understand or
2:20:06
appreciate that he could seriously have injured or killed
2:20:09
someone that day. And he should be acutely aware
2:20:12
of that possibility since he had, in this prior case, pled to
2:20:17
an aggravated vehicular assault in connection with the felony
2:20:20
OVI. What's equally concerning is his
2:20:23
refusal to acknowledge that he has a drinking problem.
2:20:26
He also violated the conditions of bond in this case by
2:20:29
continuing to drink and drive without a license.
2:20:32
And whether or not the defendant knew that he had the BMV
2:20:34
suspension, it was a condition of bond from this court for him
2:20:38
not to drive. So without an acknowledgement
2:20:40
that he has a problem, I think the likelihood of any meaningful
2:20:43
rehabilitation is low. So this court is left with an
2:20:46
offender who continues to endanger the public and shows no
2:20:50
genuine remorse or insight into his behavior.
2:20:53
The state is asking for three years prison, and there's the
2:20:55
mandatory driver's license suspension and fine.
2:20:59
Thank you all. Right.
2:21:03
I've reviewed the Presense report, the drug and alcohol
2:21:07
evaluation, the letter in support of Mr. Mackey, and I've
2:21:13
considered all the provisions of 292911292912 and 292913.
2:21:24
The Presets report indicates a drug abuse conviction in O 7,
2:21:36
another one in O8A felony drug possession in O8, a felony drug
2:21:48
possession in 10, another one in 10 felony another felony drug
2:21:56
possession in 11 for which you were placed on probation.
2:22:06
That was your 4th felony drug possession.
2:22:08
You were put on probation. Actually the second and third
2:22:16
one you went to prison for about 5 months, six months, 4th one
2:22:26
you're put on probation and 11 which was about 8 months after
2:22:35
you got out of prison violated probation 12345 times went to
2:22:41
prison and 15 for two months on that get out May 31st of 15 get
2:23:05
this aggravated vehicular assault OVI felony.
2:23:10
August the 17 go to prison for short of three years, three
2:23:17
years, 36 months and here we are again.
2:23:32
As I said, 4 prior OV is 10 prior driving under suspension.
2:23:42
Zero insight into the fact that you have a serious drug and
2:23:47
alcohol problem because you. Keep.
2:23:49
Getting convictions for drugs and getting convictions related
2:23:54
to alcohol. Yet you don't have a problem if
2:23:57
you don't have a problem. If that's true, then the only
2:24:00
reason you're drinking is because you don't want to stop.
2:24:05
Otherwise you would stop based on what you're telling me.
2:24:10
So. You you need a lot of help that
2:24:14
you refuse to get because you don't think you need it.
2:24:18
That's the laundry you're in I'll.
2:24:20
Do, Sir. And then you should get it.
2:24:23
OK. Of course you want it both ways.
2:24:28
You don't have a problem. You can stop anytime.
2:24:30
But you do have a problem. So you are not amenable to
2:24:37
community control. So I'm going to sentence you to
2:24:42
48 months in prison with credit for 88 days and we'll pose a
2:24:48
fine of $5000. I'm going to suspend your
2:24:53
driver's license for life and when you get out of prison, you
2:25:03
may be on post release control for up to two years under the
2:25:07
parole authority. They will place conditions on
2:25:10
you. If you violate the conditions of
2:25:11
parole authority could return you to prison for up to nine
2:25:14
months for each violation up to 1/2 of my sentence.
2:25:17
If that violation is a new felony, you could get an
2:25:20
additional consecutive prison sentence for the violation, the
2:25:25
maximum of which would be the greater of 12 months or the time
2:25:28
left under post release control and the costs are assessed.
2:25:33
Anything else? This whole issue no.
2:25:36
Your Honor, thank you. Mr. Mulkey?
2:25:38
No, Your Honor. Thank you. 3.
2:25:43
Years. And all right, well friends,
2:25:46
it's like we talked about on the pre show this morning.
2:25:49
Making the easy choices can lead to the toughest life.
2:25:54
It's very easy for him to keep drinking, keep doing drugs, keep
2:25:57
doing whatever he's doing, and now he's going to go to prison
2:26:00
for three years. It's a harder choice to tell
2:26:05
yourself that you have a problem and fix the problem, but it
2:26:09
would lead to an easier life in the long run.
2:26:11
That's the paradox that so many face.
2:26:14
But here on TCF, the people that we see in front of judges,
2:26:18
they're often taking that first route where they make the easy
2:26:21
choices and that makes their lives more and more difficult.
2:26:24
Just saying little, little wisdom for you today.
2:26:27
Let's let's go back to Judge Aquilina, New contestant there.
2:26:38
Oh, no pause. Before I forget, Nina, thank you
2:26:42
for the $5 super chat. During that last hearing.
2:26:45
I also pointed out on the pre show, you know, we started this
2:26:47
live show on TCFA little over a year ago.
2:26:50
Today was actually the first anniversary of our first ever
2:26:53
super chat for this show. So I'm going to take your $5 as
2:26:57
a celebratory super chat and I appreciate it.
2:27:00
Anyways, let's get on with the with Judge Aquilino.
2:27:06
Devine Harris, Council, your appearance for the record.
2:27:09
Good morning, Your Honor. Assistant Prosecuting Attorney
2:27:11
Adam Pfeiffer on behalf of the People.
2:27:13
Good morning, Your honor. Assistant Public Defender
2:27:16
Stephen Feiglson on behalf of Deshar Harris, today standing in
2:27:20
for Mr. Austin, Attorney of Record.
2:27:22
Thank you, Sir. Please raise your right hand.
2:27:24
Do you swear or affirm the testimony you're about to
2:27:27
provide with you? The truth hold truth and nothing
2:27:29
but the truth Underpency approach.
2:27:31
Thank you. Put your hand down.
2:27:33
Have you taken any medication yesterday or today?
2:27:37
Are you supposed to be on medication?
2:27:38
You're not on any sign of fever, COVID or other illness.
2:27:47
OK. But you're not feeling poorly
2:27:49
enough where you don't understand me or your attorney.
2:27:51
Is that correct? So that's correct.
2:27:54
Yes. All right, Council, you had an
2:27:56
opportunity to speak with your client.
2:27:58
Yes. I do you.
2:27:59
Believe he's oriented through date, time and place and does
2:28:01
understand. What's occurring?
2:28:02
I believe he doesn't. All right.
2:28:04
Thank you, Sir. Have you had enough time with
2:28:05
your attorney? If you need more time to sign
2:28:11
with me, it's up to you. Let me tell you why we're here
2:28:15
in the news time. So I have your bonds, conditions
2:28:22
for allegations that were made on or about November 28th, 2023.
2:28:28
Count 1, assault with intent to create, nothing harmless and
2:28:31
murder or by strangulation, felony punishable by 10 years,
2:28:35
same count. Count 2.
2:28:37
So there's two counts of that. Count 4 domestic violence and 93
2:28:41
day misdemeanor unlawful imprisonment a 15 year felony,
2:28:47
interfering with crime report a felony punishable by 10 years
2:28:52
and count 7, interfere with electronic communications, A2
2:28:56
year felony and another count of domestic violence in 93 days has
2:29:00
two years. So there's 8 counts.
2:29:01
You were placed on bond. Conditions.
2:29:04
Which included a tether and I have a benchmark here that says
2:29:09
you should be helping attempt because your tether has been
2:29:12
shut off due to non payment and the court signed on February
2:29:17
21st 2025 so a year ago is. That.
2:29:25
How long we've been looking? For him over a year ago.
2:29:29
OK, So that's the issue, Sir. Do you need more time with your
2:29:32
attorney? Yes, there there is a separate
2:29:36
issue on him as the new felony domestic violence case he picked
2:29:39
up, which is how we have him now here.
2:29:42
OK, well that's is it. Has it been bound over?
2:29:46
No, he what? This occurred.
2:29:49
Let me see. On the 20. 3rd, So it was 3 days
2:29:52
ago, they found him at the scene, he was arrested.
2:29:55
He's been charged with home invasion of first degree, couple
2:29:58
counts of police officer assault.
2:29:59
This is constructing possession, controlled substance and
2:30:02
domestic violence with a new domestic violence victim.
2:30:05
And so then he was picked up. Were we able to actually
2:30:09
effectuate the original bench warrant?
2:30:12
And now we have more 'cause of us.
2:30:16
He's committed more crimes. OK, but that's still in this
2:30:19
record. Correct, correct.
2:30:21
I believe that the preliminary examination date is April 9th.
2:30:25
OK. You'd like more time with your
2:30:29
attorney. No.
2:30:33
All right. Is it going to be?
2:30:36
About this. Or is it going to be possible if
2:30:39
anyone's not in front of me, you're innocent to prove you to
2:30:42
be on a reasonable doubt saying with these eight charges in
2:30:44
front of you, the issue here today is your tether being shut
2:30:48
off due to non payment. And that would be I'm going to
2:30:51
amend this because I don't likely don't put dates and so
2:30:56
they should give you a notice of when.
2:30:59
And so as best as I can tell, every since on or about February
2:31:07
21st, 2025. Any objection to that amendment?
2:31:14
And so, Council, are you waiving further arraignment?
2:31:17
I am here. Will there be a clear hearing?
2:31:20
Anyone do Mr. Osman make an admission to this?
2:31:22
We have a hearing on the televisor.
2:32:07
We wish to set this for you. All right, so.
2:32:12
We'll set this for a hearing. I'll just make a note that
2:32:15
there's a ring and we're pleading that guilty at this
2:32:20
point. My right to mean intact.
2:32:24
We burn approved here is by the ponderance of the evidence
2:32:27
meaning more language attorney. You have a right to a hearing.
2:32:30
You have a right to attorney, which I understand you
2:32:32
understand because your attorney is here with you.
2:32:35
You have a right to cross examine any witnesses and
2:32:38
evidence right against you. You have a right to choose to
2:32:41
bring any witnesses you want in the corporate order.
2:32:43
Those witnesses to be present, they can remain silent
2:32:46
yourselves cannot be used against you.
2:32:47
You can also choose to testify and should you testify and be
2:32:53
subject to cross examination, do you understand your right?
2:32:56
All right, so we are going to set this.
2:33:01
I'm going to set this at the same time as the bind over.
2:33:05
When do you think that's going to be found over if it is?
2:33:09
The hearings April, the examination's April 9th.
2:33:12
Usually that takes a few weeks. I'd say May.
2:33:18
May 6th at 11:30. And there is one other matter.
2:33:27
You're on and I'm. Going to put that that's with
2:33:29
the new file. What's the other matter?
2:33:33
1st I want to make sure that it's.
2:33:34
Clear on the record. He's being.
2:33:35
Remanded until that time of this file.
2:33:36
Yes, he's remanded. And then secondly, I'm asking
2:33:39
this court to revoke his phone privileges because discovered
2:33:44
this morning he has already been talking to the victim on the new
2:33:46
case both directly and through his mother.
2:33:50
Sir, no contact means no contact.
2:33:53
No contact directly through third parties, no smoke signal,
2:33:56
carrier pigeon sign language letters, Hallmark cards.
2:34:01
Don't get creative because then I have to revoke your privileges
2:34:04
and everybody's going to have to come see you.
2:34:06
Except I suppose your attorney can zoom with you or whatever
2:34:10
they want to call it over there. But other than that, you have no
2:34:12
contact, Sure. Any means except somebody
2:34:18
personally visiting you. I don't know the name of the new
2:34:23
victim of those allegations. The allegations here and found
2:34:26
in front of me are Roslyn Tucker, ROZZLYNN Tucker.
2:34:31
Tucker, there's no contact order and then based on Public Act 53,
2:34:36
there'll be no contact order with any new alleged victims.
2:34:42
So you understand, Sir? Yes.
2:34:45
OK, So no phone or other communication privileges until
2:34:50
we have further hearing and figure this out.
2:34:52
Don't send any messages if someone comes to visit you.
2:34:55
Don't write enough that you send to either victim because
2:34:57
contempt carries within 93 days and or $7500.
2:35:01
The 93 days does not go against any time you're serving on these
2:35:05
files. So.
2:35:06
Sir. Don't tempt me.
2:35:08
So I'm not allowed to contact my mother or anybody.
2:35:11
Like that? Nope, nobody.
2:35:13
Not right now. When you start contacting
2:35:16
victims, that's a problem. I haven't contacted.
2:35:20
Rosal. At one time.
2:35:22
But there's a new allegation and apparently you've been
2:35:25
contacting Erica Ellsworth. OK, so that would be the new.
2:35:29
Could you spell it for the record?
2:35:31
Absolutely. Erica is Erica and the last name
2:35:35
Ellsworth is Ellsworth. So, Sir, you can't contact.
2:35:44
So we'll talk about who and when you can contact people and you.
2:35:48
Can contact. Whether you're in front of me,
2:35:49
nuts. But meanwhile, here's the thing,
2:35:52
you're just making a prosecutor whose hobby it is like teasingly
2:35:58
to listen to these phone calls, to listen even more to your
2:36:01
phone calls. And then he's going to come
2:36:03
here. We've had people with 1400 phone
2:36:05
calls, two people they're not supposed to contact.
2:36:09
You could get other charges for stalking.
2:36:11
You know, if there are any case, all sorts of other charges and
2:36:15
the evidence is in the phone call, don't make the prosecutor
2:36:18
happy. Start doing the right things.
2:36:21
I don't want to complicate this case and I don't think you want
2:36:25
to either. So right now, there's not
2:36:27
committing contact. You have good counsel.
2:36:31
I'm sure he'll make a motion for contact or limited contact to
2:36:34
limited people. I'm willing to consider that.
2:36:37
But right now, let's keep it clean.
2:36:40
You remanded no bond until further here.
2:36:43
Thank you. Thank you, Your Honor.
2:36:44
There's no. Time in the 90s.
2:36:45
Is it 9 or one? 1130.
2:36:48
On the 6th. That was the 6th.
2:36:50
May 6th, 7:30. Thank you.
2:36:53
April 9th is the exam. OK, friends, let's let's head to
2:36:59
the West Coast for a little while.
2:37:01
This is Battleground Washington. Judge Wheeler, please, for the
2:37:06
record, have you state your name and date of birth for the
2:37:09
record. Kurt Ostek, 12. 38 Four.
2:37:13
OK, Mr. Ostitek, it looks like what you're doing today is
2:37:17
entering a guilty plea to a charge of driving while
2:37:20
suspended in the third degree. Is that your understanding?
2:37:24
Yes, my understanding. Have you had plenty of time to
2:37:26
talk to your attorney, Mr. Sowers, about the plea?
2:37:30
Yes, Sir. Need any additional time?
2:37:33
No, Sir. You are 41 years old, is that
2:37:36
correct? That's correct.
2:37:38
What's the highest grade in the school you've completed, Sir?
2:37:41
Two years of college. Are you able to read and
2:37:45
understand the English language? Yeah.
2:37:48
In entering A plea today to a charge of driving while
2:37:51
suspended in the third degree, you are giving up some important
2:37:54
rights. You have the right to a speedy
2:37:55
and public trial by an impartial jury in the county where the
2:37:58
crime is alleged to have been committed.
2:38:01
You have the right to remain silent for enduring trial and
2:38:04
the right to refuse to testify against yourself.
2:38:07
You have the right at trial to hear in question the witnesses
2:38:10
who testify against you. You have the right at trial to
2:38:13
testify and have witnesses testify for you, and witnesses
2:38:17
can be made to appear at no expense to you.
2:38:20
You're presumed innocent unless the charge is proven beyond a
2:38:23
reasonable doubt or you honor a plead guilty.
2:38:25
And you have the right to appeal a finding of guilt after trial.
2:38:28
You understand those rights, Sir?
2:38:31
Is it you? Understand that I'm pleading
2:38:33
guilty today. You're waiving or giving up
2:38:35
those rights. Is it you?
2:38:39
The charges you are pleading to today is what is called a simple
2:38:42
misdemeanor. It's subject to 90 days in jail
2:38:44
and a $1000 fine. There is a pretrial agreement
2:38:48
that I'm holding up. Sir.
2:38:49
Do you understand the court does not have to follow anyone's
2:38:51
recommendation as to sentence. We can sentence you up to the
2:38:54
maximum authorized by law. Yes, I understand.
2:38:58
Your Honor, could I interrupt for a quick moment?
2:39:01
Yes, Mr. Sowardz, the PTA was arranged last year.
2:39:05
Mr. Busby has agreed to a simple 2 day credit time serve sentence
2:39:09
not work through. Interested.
2:39:12
Thank you. Understand the Let's see.
2:39:16
So to the charge of Driving while suspended third degree
2:39:20
taking place on May 2nd, 2025 in the city of Richfield,
2:39:23
Washington. How do you plead?
2:39:26
Kildee. Are you entering the plea freely
2:39:28
and voluntarily? Yes, Sir.
2:39:31
Has anyone made any threats or promises to get you to plead
2:39:34
guilty? Yes, Sir.
2:39:37
Actual basis states on May 2nd, 2025 in Richfield, Washington I
2:39:41
drove a vehicle on a public Rd. when my license to drive was
2:39:44
suspended but capable of reinstatement.
2:39:47
Is that a correct statement? That's correct.
2:39:50
I'll accept the plea. I'll find it knowing,
2:39:52
intelligent and voluntarily made after advice of rights and
2:39:55
advice of counsel. Go ahead, Mr. Sowards.
2:39:59
Thank you, your Honor. Mr. Ositek is unfortunately
2:40:02
under bail for two charges, one from Vancouver, one from Clark
2:40:05
County. The court does have in
2:40:08
battleground a $100 bail, according to jail records.
2:40:11
We'd ask that that be exonerated with his plea and we'd ask that
2:40:14
the court follow the credit time served recommended by the
2:40:18
prosecution. And obviously under the
2:40:20
Blizzina, he is in custody. Already been.
2:40:22
Deemed. In the indigent, he received
2:40:26
counsel in both of his downtown cases based on his imagent
2:40:30
status. So any discretionary fines, fees
2:40:33
or costs we would request be waived.
2:40:38
Mr. Ossitek, anything you'd like to say, Sir?
2:40:41
No, Sir. I will follow the recommendation
2:40:44
of the parties. Count 190 days jail with 88 days
2:40:48
suspended, leaving two days to serve credit for two days
2:40:52
served. There'll be $1000 fine with all
2:40:55
1000 suspended. I will find pursuant the Blazena
2:40:58
analysis that Mister Ositech is indigent.
2:41:01
Suspended sentence for 24 months conditions, no law violations,
2:41:07
no driving without a valid license.
2:41:09
I am not going to schedule a review or return date for Mr.
2:41:13
Ositech. Mr. Ositech, any holds on this
2:41:15
case with the plea today are have now been lifted.
2:41:19
It sounds like you may have some other matters that are still
2:41:21
going to be keeping you in custody, but on this case, this
2:41:24
matter is resolved. Do you have any questions, Sir?
2:41:27
Yes, Sir. All right.
2:41:28
That concludes your hearing. Thank you, Sir.
2:41:30
Thank you, Mr. Soward. Thank you all.
2:41:35
Right, folks, good morning. If you're appearing in court
2:41:38
today, you've been charged either a misdemeanor or a gross
2:41:41
misdemeanor in the cities of Battleground, Richfield, or Less
2:41:43
Center. When I call your name, I'm going
2:41:46
to ask you to come up to the podium right in front of me.
2:41:48
I'm going to ask you your name and your date of birth, and
2:41:50
we're briefly going to discuss the charge that brings you in
2:41:52
front of the court this morning. I'll also discuss your options
2:41:56
today. One of the things I cannot do,
2:41:58
though, is provide you legal advice.
2:42:00
So if you're unsure how you want to proceed, you need some
2:42:02
additional time to consider your options.
2:42:05
Feel free to let me know. You can have a seat, have some
2:42:08
additional time to think things through.
2:42:11
As you have seen already, I do have folks that are joining us
2:42:13
from the Clark County Jail. I have a more limited time with
2:42:16
the folks in custody. Because of that, I often times
2:42:19
have to take those matters out of order.
2:42:21
My intention in doing so is not to keep anyone here any longer
2:42:24
than they have to be very simply and just have less time with the
2:42:27
folks in custody. I have Renee Martin in the
2:42:31
courtroom. Come on up here.
2:42:39
And Sir, if I could have you state your name and date of
2:42:42
birth please, for the record. My name is Renee Martin,
2:42:45
February 4th, 1956. Mr. Martin, you're making a
2:42:48
first appearance, Raymond, on a charge of hit and run attended
2:42:51
vehicle. Hit and run attended is a gross
2:42:54
misdemeanor, Sir. It's subject to 364 days in jail
2:42:57
and a $5000 fine. It's also a charge if you are
2:43:00
convicted of it that carries A mandatory 90 day license
2:43:03
suspension. I did review the associated
2:43:06
police reports with the case. I did find what is called
2:43:09
probable cause. I did read your financial
2:43:12
declaration here. It does not look like you
2:43:14
qualify for court appointed counsel.
2:43:17
So certainly one of the things we can do, we can do two
2:43:19
different things today. The 1st is we can enter a not
2:43:21
guilty plea and you can have time to hire an attorney.
2:43:24
The second thing I can do is enter a not guilty plea and set
2:43:27
up a time you need to talk to the city attorney.
2:43:29
Which would you prefer to do? What do you mean by talk to the
2:43:33
city attorney? We have a schedule a court date
2:43:35
forward. You would get contact
2:43:36
information to speak to the city attorney to discuss your case if
2:43:40
you'd like to find out what their recommendations would be.
2:43:44
I want to. I want to plead not guilty.
2:43:47
This never occurred. I don't even know.
2:43:48
Again, hold on, we're not doing the trial today.
2:43:51
I've talked to you only about two options.
2:43:53
Explain them both and I'll explain them again.
2:43:56
Your first option is to enter a not guilty plea and hire an
2:43:58
attorney. Your second option is to plead
2:44:01
not guilty and talk to the city attorney.
2:44:04
Your choice of those two options, which would you like to
2:44:06
do today? When you say talk to the, I
2:44:09
don't understand what that means.
2:44:11
I mean is that, I mean, I've given up my right to hire an
2:44:13
attorney in this case. Why don't we enter a not guilty
2:44:16
plea and you can hire an? Attorney I'm not guilty to pay a
2:44:18
hire an attorney. Sounds great.
2:44:21
So Sir, we're going to set 2 future court dates.
2:44:23
Need to provide both these dates to the attorney you choose to
2:44:26
hire. 1st is what is called an Attorney Pretrial date that is
2:44:31
going to be on the 8th of April 2026.
2:44:34
It is not a required court date for you, it's a date for your
2:44:36
attorney. Your next mandatory court date
2:44:39
Sir is going to be on the 30th of April twenty 26th at 1:30 in
2:44:43
the afternoon. You can be in person that day or
2:44:46
on zoom but you do need to be present.
2:44:49
Your release conditions are to violate no laws here at all.
2:44:52
Mandatory court dates to notify the court of any change of
2:44:55
address or phone number. We're.
2:44:58
Going to be providing you some documents at that very far desk
2:45:01
over there by the door. Sir.
2:45:03
Once you have your paperwork you are free to go.
2:45:05
Thank you. All right, I'll.
2:45:09
Keep an eye on Battleground, see what's going on there, and if
2:45:13
there's something to come back for, we will.
2:45:14
But let's go and check back in with Judge Desanto in Michigan.
2:45:27
You didn't, all right. And Council.
2:45:30
Good morning. You're John Gopal, P30758-ON
2:45:34
behalf of Miss Andrews. Miss Andrews, would you please
2:45:36
put your name on the record? That's not coming through.
2:45:40
Is that better? Yeah.
2:45:43
All right. Thank you.
2:45:45
And good morning. And today is the date scheduled
2:45:49
for the arraignment on this matter and Council.
2:45:53
Ask the arrangement. Your Honor should stand mute.
2:45:55
The charges wave appointment. Oh, those charges.
2:45:58
Ask the plea of that guilty. The court will be the formal
2:46:06
reading. Ma'am, you have the right to
2:46:08
have an attorney. If you are unable to afford an
2:46:12
attorney, you may have one appointed to represent you.
2:46:15
And you did in fact have an opportunity to steal or to speak
2:46:19
to an attorney today, correct? Yes, ma'am.
2:46:23
Yes, ma'am. And the court has also signed
2:46:38
the petition in order for appointed attorney for felony
2:46:40
matters as well. And you have the right to be
2:46:42
presumed innocent until proven guilty beyond a reasonable
2:46:45
doubt. You have the right to have a
2:46:46
trial by a judge or by a jury. And you also have the right to
2:46:49
remain silent. Anything you say orally or in
2:46:51
writing maybe is against you in court.
2:46:52
Do you understand those rights? Yes.
2:46:58
The court's going to enter a plea of not guilty on your
2:47:00
behalf. Schedule this matter for
2:47:25
Probable Cause conference on April 2nd, 10:15, 10:15 AM and
2:47:40
Council asked to bond. Thank you, Miss Andrews.
2:47:46
Andrews. Right, Anderson, I'm sorry.
2:47:49
Please, Andrews is 43 years old. She's gainfully employed.
2:47:54
She works at Five Guys Hamburger.
2:47:58
She's been right. The manager, excuse me, she's
2:48:03
she's married, been married for six years.
2:48:05
Her husband is getting today with her today.
2:48:08
She's not on probation, she's not on parole or no immigration
2:48:11
issues. Your Honor, she indicated to me
2:48:16
though she's had some private contacts, she has never missed
2:48:20
any court appearances required to be at.
2:48:23
I would note that this matter, the one complaint rather was
2:48:29
issued on the 26th, I believe, of February.
2:48:35
This incident occurred in or allegedly occurred in February
2:48:41
of 25. She was notified to be here.
2:48:44
She's come, she's showed up, so she's got a flight risk.
2:48:48
We're asking for a personal bond in this matter.
2:48:53
OK. And so ma'am, are you out on
2:48:55
bond in any other jurisdiction? No, ma'am.
2:49:02
Are you currently on probation or parole anywhere?
2:49:08
No, ma'am. What's going on here?
2:49:22
Matter from Farmington Hills from 2024, the assault, the
2:49:27
assault case, was that ever was that something that was going
2:49:30
forward or no, No, that was. His mess.
2:49:34
OK, what's that? No, I was just.
2:49:46
Asking. About my.
2:49:51
He's very nervous to me start. It doesn't seem to be working.
2:51:01
Do you know Miss Bassett? No.
2:51:12
Doesn't that want you in the home for purposes of home care?
2:51:17
It's Disney. I don't know.
2:51:19
That was the last name. Besat Bassett.
2:51:23
Besat. You know Mr. Robinson not.
2:51:51
That you would call you Rob. And where do you reside, ma'am,
2:52:25
23011 Colgate St. Sorry, there's a lot of pages to
2:52:57
go through. I'm just trying to find
2:53:00
addresses. I
2:53:31
have some serious concerns for the safety of the community with
2:53:37
your client council, given the nature of these allegations and
2:53:40
her criminal history, which is similar to these charges.
2:54:07
You're not doing home care for anybody?
2:54:09
No, ma'am. I work at 5:00.
2:54:10
I'm under five, guys. I work literally every day.
2:54:17
I. Think my legs off date.
2:54:20
Actually it's but I literally work every day.
2:54:25
I close all this week so I'm at work all this week from 2:00 to
2:54:34
11:30. I get off, I literally go home.
2:54:56
Given the nature of the charges, reviewing Miss Andrew's criminal
2:55:00
history and the amount of money involved in this situation here.
2:55:09
The court has serious. Concerns for the safety of the
2:55:11
public, the court will. Note that it does believe a high
2:55:26
personal bond and significant conditions will protect the
2:55:31
community. The court's going to order
2:55:33
$50,000 personal bond with the following bond conditions.
2:55:38
You are not to have any contact with Miss Bassett.
2:55:42
What you're claiming you don't know who she is yet you it's
2:55:44
indicated you're part of her care team and the owner of all
2:55:49
the the purses and and whatnot. Also Mr. Robinson and Miss
2:55:54
Arnoldi, who apparently are members of Miss Bassett's
2:56:00
family. Nor are you allowed to have
2:56:02
contact with Miss Francis, who apparently is the owner of the
2:56:05
supervisor of their home care company you worked for.
2:56:10
You're not to return to 3200 Biddle Ave. nor the residents or
2:56:15
employment of any of the prosecution witnesses.
2:56:17
Yes, ma'am. You are not the possessor of
2:56:32
access any firearms or weapons. Do you have any of those?
2:56:35
No, just have a seat. You're going to copy of your
2:56:40
bond conditions and we'll see you back on April 2nd.
2:56:43
Thank. You very much.
2:56:46
Thank you. Have a good day.
2:56:52
OK, friends, I'm going to take us back to Judge Akalina.
2:56:55
I actually had a hearing queued up for her.
2:56:59
However, I'm moving us just a little bit forward to another
2:57:04
hearing. Just keep an eye because
2:57:06
somebody's going to zoom in and just, I have no idea what this
2:57:09
hearing is about that we're going to.
2:57:11
Watch. But just keep an eye on on who
2:57:15
and what kind of zooms in part way through this.
2:57:18
No idea the context but the visual will will capture your
2:57:22
attention. Judge Jacquelino.
2:57:31
Yep. This is Doc at 254217 FH People
2:57:38
of state of Michigan versus what is Eric Council you're parents
2:57:45
for the record. Good morning, your honor.
2:57:46
AP Bart Buxton on behalf of. People saying Michigan.
2:57:48
Good. Good afternoon.
2:57:50
Your Honor, Assistant Public Defender Stephen Feigelson.
2:57:53
Appearing on behalf of Mr. Ali. Standing in for Mr. Sarks.
2:57:56
Today, please raise your right hand.
2:57:58
Do you swear or affirm the testimony?
2:58:00
You're not to provide to be truthful truth and nothing of
2:58:02
the truth, and you're going to be perjury.
2:58:04
Yes, ma'am. Thank you.
2:58:05
You put your hand down. Have you taken any medication
2:58:08
yesterday or today? No, ma'am, it's supposed.
2:58:10
To be a medication you're not on.
2:58:12
No, ma'am. Any sign of fever, COVID or
2:58:14
other illness? No, ma'am, The end of.
2:58:16
Time is due to your attorney. Yes.
2:58:22
Thank you. I need you to when you just
2:58:23
shave your head, there's nothing in the record.
2:58:25
So. Oh.
2:58:25
Yes, ma'am. This record's for you, it isn't
2:58:27
for me. So if you want to remain silent,
2:58:28
that's OK, but your record's going to be junk, so we got to
2:58:32
make a good record, you and me, OK.
2:58:33
Yes. Ma'am.
2:58:34
All right, very good. So Sir, you took a plea.
2:58:38
We plan to control substance possession or control substance
2:58:42
known as cocaine and or fentanyl and that was done several weeks
2:58:48
ago. So now you were supposed to be
2:58:55
sentenced March 11th and we could not do that because you
2:58:58
did not appear to complete your pre sentence investigation.
2:59:04
We got a problem. So that is why you've been
2:59:07
brought before this court. It says defendant failed to
2:59:10
report to probation and complete his pre sentence of this
2:59:12
information report PSI interview and that is why you were brought
2:59:21
before this court. Additionally, I don't have that
2:59:25
you failed to appear. I.
2:59:27
But didn't fail to appear at this end.
2:59:29
Hang on March 11th. So I'm going to amend this to
2:59:32
say and failed to appear. Sentencing March 11, 2026 at.
2:59:49
9:30. Yeah, 9:30 Thank you.
2:59:56
Do you understand the allegations against?
2:59:58
You. Yes, ma'am.
2:59:59
Are you waiving further arraignment?
3:00:01
Yes. Will this be a plea or a
3:00:02
hearing? Plea, Your Honor.
3:00:04
Is that correct, Sir? Are you pleading to the
3:00:07
violations of failure to report to your free sentence
3:00:10
investigation report interview as well as failure to report to
3:00:14
the sentencing? Yes, ma'am.
3:00:16
All right. And are you pleading to these of
3:00:20
your own free will? Yes, ma'am.
3:00:24
Anyone forced to threaten our coercion.
3:00:26
No I just had some issues outside before my birthday,
3:00:29
before my 41st birthday I was I last jumped on and I sort of
3:00:33
missed it and it was nothing personally so my my apologies.
3:00:37
When is your birthday, Sir? March 8th.
3:00:39
OK, sure. Were you in the hospital?
3:00:43
I wanted to go to the hospital, make a report, but dealing with
3:00:46
that I would have been a snitch. Someone had to dealt with more
3:00:48
St. violence so OK. While I I understand and that
3:00:55
may have been a good cause for you to not show up at the
3:00:57
hearing, what you should have done is called your attorney,
3:01:00
called my office and just said I'm sick, I can't show up.
3:01:04
Got that. But here's the thing, if you
3:01:06
would have shown up, I would have had to put you in lock up
3:01:08
because you did not complete your pre sentence investigation
3:01:11
report which you were supposed to do.
3:01:13
You had 24 hours to contact probation and make and keep an
3:01:16
appointment. We were very clear about that.
3:01:19
If you don't remember it, we have a record of that.
3:01:22
Do you remember you and I talking about?
3:01:23
That. Yes, ma'am.
3:01:24
What happened there? Someone jumped you the whole
3:01:27
month of February and March? No.
3:01:30
Ma'am, just in March. OK, so why couldn't she go to
3:01:35
probation February at any time? I thought it got on, I thought
3:01:39
it got like moved and I thought it got dismissed and moved down
3:01:43
like to a different. What got dismissed?
3:01:44
Back in February. Sir, you pled you had to go to
3:01:49
probation and meet with them so they could do a report so I can
3:01:53
do sentencing. Do you understand that?
3:01:55
Yes. What was difficult about
3:01:57
understanding that and getting to probation I'm.
3:02:00
Just missing, your honor. I just missed it.
3:02:03
OK, so here's here's the consequence of that.
3:02:06
Well, first of all, so I'll just get rid of the benchmorne as to
3:02:10
failure to appear for the hearing neither for sentencing
3:02:14
that neither here nor there. If you would have shown up,
3:02:15
we're at the same place. So how do you plead to failure
3:02:18
to report for your pre sentence interview?
3:02:25
Have you pleaded guilty? Not guilty, Sir.
3:02:31
Did you? Did you show up or not?
3:02:33
No, I did not show. Up.
3:02:35
OK, so you're pleading guilty or not guilty?
3:02:38
I guess I'm guilty. I don't want you to guess you
3:02:40
failed to show up. Doesn't that equal guilty of
3:02:44
violating my order to show up? Yes or no?
3:02:46
OK, well, you are guilty of that, but your own admission was
3:02:50
no matter what you call it or how you dance around it.
3:02:53
So I'm finding that you're in contempt of court.
3:02:55
And here's what we're going to do.
3:02:57
And that's by preponderance of the evidence, your own admission
3:02:59
and the evidence on the record. Where you didn't show up, we had
3:03:04
to bench warrant you and now we had to pick you up.
3:03:07
I need to Where are you living soon?
3:03:14
I went down to Detroit to see my probation officer.
3:03:17
Then then I came back here. OK, so where are you living?
3:03:20
I have you at Appleton. Are you still living there?
3:03:23
No, ma'am, that address was changed.
3:03:25
OK, well let me see what I have here.
3:03:29
Should have the Longview address.
3:03:37
Can you tell me what address we have?
3:03:38
I don't know if I have that or not.
3:03:44
What address do we have? I had Barnes Ave. at one point
3:03:58
and then I had the Appleton and now we're checking the.
3:04:00
Computer to see what I know. I had Barnes now.
3:04:04
Anybody have? I just don't.
3:04:08
Appleton That was like years ago.
3:04:10
OK, well let me just see what we have in the.
3:04:12
Computer. 11 Zero 39 Longview St.
3:04:22
OK, we we still have 1139 Longview.
3:04:26
Correct. OK, 11 O 399 view.
3:04:28
OK, what's your what's your correct address?
3:04:31
11039 Longview St., Detroit, MI 48213.
3:04:37
Isn't that what we just said? 11039 Longview Street is that.
3:04:43
What you said, Upperton? Yes, ma'am.
3:04:46
OK, so the Longview is the correct.
3:04:47
One. Yes, ma'am.
3:04:48
Who lives there with you myself. And are you on probation in
3:04:52
Detroit, too? Yes, ma'am.
3:04:54
OK, are you working? Yes, ma'am.
3:05:01
What do? You do.
3:05:03
Long car snow removal home improvement.
3:05:32
So Mr. Searching. You better work something.
3:05:55
Even if we had an emergency, we. Had a hospital paperwork.
3:05:59
We don't matter. But I didn't call because my
3:06:04
phone was slashed. Even like you know, the first of
3:06:09
the 20 can I represent? All right, so I'm going to give
3:06:21
you a $25,000 PR run after the PSIR interview is completed.
3:06:28
Miss Aquilina, what did y'all did y'all happen to?
3:06:31
Unless you get another case or this for a different court.
3:06:37
This is for this court only. Was this the?
3:06:41
Was this the one for? This is the one for possession
3:06:45
of cocaine and or fentanyl. And that won't be one from last
3:06:51
year, right? It's the one from 2025 last
3:06:55
year. It occurred on April 10th, 2023.
3:06:59
You got other ones floating around I need to know about?
3:07:01
No. No, I'm just trying.
3:07:04
I'm just trying to figure out what space this is for.
3:07:08
I heard, I just heard two different, two different cases.
3:07:11
No, OK. No, this is, this is the only
3:07:14
one. But you do have one in Detroit
3:07:15
that you're on probation for, right?
3:07:18
For for gun and yes ma'am. Oh, that, you've got that.
3:07:21
File and you've got this file. Is there some other files you
3:07:23
should be known about? No.
3:07:27
Ma'am. So, Your Honor, there is a case
3:07:31
that Mister Ali has from November 24th of 2025 that is in
3:07:37
the District Court. Right.
3:07:39
Now so did you fail to appear for that?
3:07:42
Is there another bench for you out there?
3:07:44
No, because the the PCC on that is set for next Tuesday your.
3:07:48
Honor. OK, perfect.
3:07:53
Well Sir, I'm going to have you appear in front of me May 20th
3:08:00
at 11 AM on all files. You will not have any contact
3:08:09
with any victim. We will continue to report to
3:08:20
pretrial services as directed and all of the other bond
3:08:26
conditions that are in place will be in place.
3:08:29
You can appear in Zoom or here. You can't get to Detroit.
3:08:35
I'm going to give you my 2 number.
3:08:37
Yes, ma'am, and may I please get my paperwork this time?
3:08:41
What? Paperwork, son, I got come back,
3:08:44
come back to court and everything.
3:08:46
Yeah, we should have given it to you last time, but we're going
3:08:49
to give it to you this time. Thank you.
3:08:51
You know all your bond conditions or you need me to
3:08:52
fill it out again? Yes, ma'am.
3:08:55
You know all your bond conditions not to violate the
3:08:57
law show up. No alcohol, no drugs, no assault
3:09:00
and behavior, no contact with victims, witnesses, all of that.
3:09:03
Those are all still in place. I'm just submitting this so that
3:09:06
you get APR bond after probation comes to see you.
3:09:09
Yes, ma'am. Sir, I start to get really upset
3:09:15
when grow food is put on your files and they start springing
3:09:19
up and multiplying. You understand what I'm saying?
3:09:21
Yes. Ma'am.
3:09:22
I don't want any fertilizer on these spots.
3:09:24
I don't want any more criminal behavior.
3:09:28
I don't want any more misappointments with me
3:09:32
Probation free trial services start behaving because otherwise
3:09:36
you're going to get real comfortable in that jumpsuit.
3:09:40
I'll multiply the jumpsuit. Got that.
3:09:42
Yes, ma'am, that. Won't happen.
3:09:45
I deal with. Evidence, Sir, and that's what I
3:09:47
want to see. OK, great.
3:09:49
Thank you. Miss.
3:09:49
Make sure you get. Copies.
3:09:53
How many jail days? Yeah, well, the jail days,
3:09:59
they're going to continue until he is interviewed by probation.
3:10:03
So he'll get the jail days as credited by the jail because
3:10:08
he's not getting out right now. But as of today, when did you
3:10:11
get picked up on? This on the 20th, 19th to the
3:10:14
19th or the 20th. OK, so the 19th of March.
3:10:26
Yes, ma'am. So you get 8 days credit for
3:10:30
eight days plus any days you spend awaiting probation.
3:10:37
Thank you. We'll talk to the.
3:10:39
Probase to see if we can get the interview as.
3:10:41
Quickly as possible, they control that for them.
3:10:44
And your Honor? They may or may not care.
3:10:45
I don't know. What is that?
3:10:47
What is that sentence? What is the time on 5/20?
3:10:53
1111. O'clock. 11.
3:10:54
Thank you. Make sure it's my zoom number on
3:10:59
that paper. It should be on the paper.
3:11:04
We do it. You can just give me one of my
3:11:06
cards. OK, Save one right there.
3:11:11
I can't save. It I can't save paper here.
3:11:17
Do you have one? I can zoom right on there.
3:11:28
So I hope you all enjoyed getting a glimpse at Mr. Jeff.
3:11:32
Observer clearly had just zoomed in to watch the court so little
3:11:37
behind the scenes here since this is kind of what I do.
3:11:42
There are courts in the United States that will allow you to
3:11:46
zoom in and observe. I I use them but the general.
3:11:50
Rule. Is number 1.
3:11:51
You don't turn on your camera #2 you keep your mouth shut.
3:11:54
In other words, fade into the background and let the court do
3:11:57
its business. Mr. Mr. Observer clearly didn't
3:12:02
get the memo. I guess let's looks like
3:12:07
Aquiline is going to call up another person.
3:12:09
Let's just ride here. Welcome.
3:12:17
Thank you. Thank you very much.
3:12:29
And. We have a plea agreement and.
3:12:31
May I? Approach and I have Australia
3:12:33
vice rights as well. Thank you.
3:12:38
This is 251538 FH people of state of Michigan versus Anthony
3:12:45
Matthew Council, your appearances.
3:12:48
Good afternoon, Your Honor. Andrea Mccrae appearing on
3:12:50
behalf of the People. Good afternoon, Your honor.
3:12:52
Christian Lake appearing on behalf of Anthony Matthew.
3:12:54
He is standing to the right of. Name.
3:12:56
Sir, please raise your right hand.
3:12:58
Do you swear or affirm the testimony you're about to
3:13:01
provide to be the truth, full truth and nothing but the truth,
3:13:03
and repent, you perjury. I do.
3:13:05
Thank you for your hand. Sir.
3:13:07
You're taking any medication yesterday or today?
3:13:10
Yesterday. And is it anything that could
3:13:12
interfere in your ability to understand your attorney or the
3:13:15
court? No.
3:13:16
Is there medication you're supposed to be on that you're
3:13:18
not on? No.
3:13:22
Any sign of fever, COVID or other illness?
3:13:24
No. Have you had enough time to
3:13:25
speak to your attorney? Yes.
3:13:27
Thank you, Sir. Are you the best citizen?
3:13:36
Yes, and Council is going to be updated.
3:13:38
Today. Is that correct?
3:13:39
That's correct, Your Honor. And Sir, did whatever you're
3:13:43
pleading to which I was here just a moment.
3:13:45
Were you on probation, parole or bond conditions before this
3:13:49
judge or another? No.
3:13:52
Are you employed? I was.
3:13:54
What did you do? I was a flight attendant.
3:13:57
Flight Attendant? Yes, ma'am.
3:14:01
Did you graduate high school? Yes.
3:14:11
Is there a plea agreement? Yes, Your Honor, the defendant
3:14:14
has agreed to plead guilty to count one child sexually abusive
3:14:17
activity. In exchange for his plea on
3:14:19
Count 1, the People agree to dismiss counts 2-3 and four.
3:14:23
There is a sentence agreement of a fixed minimum of 35 months in
3:14:28
the Michigan Department of Corrections and POC.
3:14:31
The defendant also agrees to forfeit all devices seized as
3:14:34
part of this case. Council is that pro fair,
3:14:55
accurate and complete. Yes.
3:14:58
Sir, is that pro fair, accurate and complete?
3:15:01
Yes. And Councillor, you're waving
3:15:03
reading counts 2-3 and four. We are.
3:15:05
Thank you. As to Kaplan, thank you.
3:15:08
This is the people of the State of Michigan versus Anthony Pusa
3:15:12
Matthew in Circuit case 25-1538-FH, State of Michigan,
3:15:19
County of AM. In the name of the people of the
3:15:21
State of Michigan, the prosecuting attorney for this
3:15:24
county appears before the court and informs the court that on
3:15:27
the date net the location Describe below the defended
3:15:30
getting count one child sexually abusive activity on or about
3:15:34
January 28th, 2025, at 2401 Showtime Showtime Drive,
3:15:44
Lansing, MI 48912 in Bingham County, Michigan.
3:15:48
The defendant did attempt to prepare or conspire to arrange
3:15:52
for, produce, make, copy, reproduce or finance any child
3:15:56
sexually abusive activity. Contrary to MCL 750.145 C 2.
3:16:03
This is a felony that carries a maximum period of incarceration
3:16:06
up to 20 years in prison and or $100,000 fine.
3:16:15
Just one second, Your Honor, because the information doesn't
3:16:18
have. The Sora notice on it which?
3:16:21
Is. Weird, because this would.
3:16:26
Be. Sora.
3:16:30
I saw that and I wondered if that's why you made the deal to
3:16:33
count 1 because it didn't have the Sora.
3:16:36
Oh no, it. It should.
3:16:38
It should. So.
3:16:39
This is a tier two offense under the sex offender registration
3:16:42
Act Sora. It is a tier three offense if
3:16:45
the defendant has a previous. Conviction.
3:16:49
A prior conviction for a tier two offense, MCL 28.722 T&U and
3:16:58
this offense was committed against the peace and dignity of
3:17:00
the people of the State of Michigan History Council.
3:17:02
Are you waving that the SORA notice is not how one or he
3:17:05
needs to go upstairs and get a new one?
3:17:07
No, I don't need you to get a new one, but I just.
3:17:09
Want to make sure? Yeah, I can go to the
3:17:12
prosecutor's table real quickly, so I wanted.
3:17:15
To make sure that. No, we didn't have need the
3:17:25
prosecutor to go there and. And he he understands and
3:17:27
acknowledges that this is a sore offense and he will have to
3:17:29
register correct. He does, and I'll ask him that
3:17:32
to you during the factual basis too as well.
3:17:34
Understood. Great.
3:17:36
Thank you, Your honor. Thank you Sir.
3:17:39
Did you understand what was just read?
3:17:41
Yes. So you understand count one
3:17:44
child sexually abusive activity as a felony punishable by 20
3:17:47
years and or $100,000. She also cares for the Surah
3:17:50
notice, meaning that you will have to comply with the Sex
3:17:56
Offender Registration Notification Act.
3:17:59
Do you understand that? Yes.
3:18:00
All right. And Council, would you agree
3:18:03
with me that this is a Tier 2, not a Tier 3?
3:18:06
He doesn't have a prior. Is that correct?
3:18:08
That's correct. OK.
3:18:09
Do you understand what that means, Sir?
3:18:11
Yes, OK. Thank you.
3:18:13
And although it was not on the felony information properly, it
3:18:19
was also noticed to you on count 2.
3:18:23
It also carried that same story notice.
3:18:25
Would you agree with that? And it also was listed on Counts
3:18:30
3 and 4. So it's missing on Count 1, but
3:18:33
when you arranged you heard it at least three times.
3:18:36
Yes. I also explained it to him a
3:18:38
couple times, Your Honor, appreciate that.
3:18:40
I figured you would. But just so we make that record
3:18:42
for appeal purposes if there is any question.
3:18:45
All right, So sure you had enough time to spend with your
3:18:48
attorney talking about the plea, the sorrow notice and all of
3:18:52
that. All right.
3:18:54
And you wish to proceed with the plea?
3:18:56
Yes. OK, very good.
3:18:57
And it looks like you signed the advice of rights form.
3:19:00
Did you read it before you signed it?
3:19:02
Yes. Did you understand what you
3:19:03
read? Yes.
3:19:04
And if you had any questions, was your attorney able to
3:19:06
answer? And did anyone?
3:19:08
Force, threat or coerce you to plead.
3:19:10
Anyone promise you anything other than the plea agreement?
3:19:12
That's cosmic plea. And you've chosen to plead after
3:19:17
you talked with your attorney and reviewed everything and
3:19:21
you're pleading of your own free will and you've been satisfied
3:19:23
with the representation of your attorney as to count one child
3:19:27
sexually abusive activity. How do you plead?
3:19:29
That's kind of guilty. And do you understand that by
3:19:32
pleading, you're also giving up your automatic right of appeal?
3:19:35
If you choose to appeal, you first have to ask permission of
3:19:37
the Court of Appeals to appeal, and they may or may not take up
3:19:40
your issues. It just depends on how important
3:19:42
they think it is. Had you had a bench trial or a
3:19:44
jury trial and you were unhappy with anything, they have to take
3:19:47
a look at your unhappiness, but now it's their choice.
3:19:49
Do you understand that? Do you also understand that by
3:19:52
pleading, you're giving up certain rights and defenses you
3:19:55
would have had you gone to jury trials, such as holding people
3:19:59
to their burden of proving beyond a reasonable debt?
3:20:01
That cross examining witnesses and evidence, choosing to bring
3:20:06
witnesses and put forth evidence, choosing whether or
3:20:10
not you wanted to remain silent. Your silence cannot be used
3:20:12
against you or testifying. If you testified, you'd be
3:20:15
subject to cross examination. You understand you're giving up
3:20:18
all those? Rights.
3:20:19
Yeah, right. And other than the plea
3:20:22
agreement, has anyone told you what I will do with sentencing?
3:20:27
Has anyone told you anything that I will do at sentencing
3:20:29
other than the plea agreement? The plea agreement contains that
3:20:33
you will be sentenced in 35 months to up to the 20 years and
3:20:39
the devices are going to all be seized.
3:20:42
But is there anything else that you've been promised as to what
3:20:45
I would do as sentencing? That's the right answer.
3:20:48
I know it sounds like a trick question, but it's not.
3:20:51
And the reason is, Sir, I'm not fully informed, but I'm fully
3:20:54
informed that I'll make up my mind about sentencing.
3:20:56
Do you understand that? Now.
3:20:58
This plea agreement will remain in effect as long as you do
3:21:01
everything correctly. If between now and sentencing
3:21:04
you violate the law or bond conditions, then I do not have
3:21:08
to honor it and I do not have to honor withdrawing your plea.
3:21:13
But if I violate it, I would have to allow you to withdraw
3:21:16
your plea. Does that make sense to you as
3:21:18
well? All right, Sir, did this offense
3:21:21
occur on or about January 28th, 2025 in the Township of Lansing,
3:21:27
County of Ingham, State of Michigan at a specific location
3:21:31
known as 2401 Showtime Drive? Did you attempt to or conspire
3:21:41
someone to arrange for, produce or make copies of child sexual,
3:21:47
child sexual abusive material? What did you specifically do?
3:21:55
It's actually. Activity, it's not material,
3:21:57
your Honor. Yes.
3:21:58
So that's an important station. I don't know.
3:22:01
I don't get collision so. How about was like you carry on
3:22:06
in question? All right.
3:22:07
Thank. You so much, we got the.
3:22:10
The first half of it done here. Did you get on a social media
3:22:13
site? Yes.
3:22:15
OK. And what was that?
3:22:16
Social media site. Glad to.
3:22:18
What? Was it?
3:22:19
OK. And how?
3:22:20
Old or just excuse me, did you meet a person on Grinder?
3:22:23
Yes. OK.
3:22:25
And can you tell the court how old that person you believed was
3:22:29
15? How old?
3:22:31
15. OK, and when the person told you
3:22:34
he was 15, did you ask him to? Perform sexual.
3:22:36
Acts, yes. OK.
3:22:38
And did you offer this person money to meet you at the hotel?
3:22:41
Yes. And how did you?
3:22:44
Offer him money. Through an Uber ride or Uber,
3:22:48
right, OK. And you?
3:22:50
Know that at the time that this happened.
3:22:53
That this is illegal to do, that's correct.
3:22:55
Correct. Yes, I have no further.
3:22:56
Questions. I'm going to ask people any
3:23:02
additional? Questions.
3:23:08
The point of you going to this location, Sir, was to have some
3:23:12
type of sexual interaction. I believe it was fellatio,
3:23:15
right? With this person that you
3:23:17
believe to be under 18, correct? I don't think that that's not.
3:23:25
A good question. Because the point wasn't that he
3:23:27
was. There.
3:23:28
He was actually at the hotel waiting for his airline ticket.
3:23:32
Or excuse me, here's the airplane is next thing.
3:23:36
So his point was is he was waiting to.
3:23:39
I mean, I believe that our. Questions meet statutory basis.
3:23:43
Of I just want to make sure that we, I, I hear you that you
3:23:46
didn't like my question, but I want to make sure that we meet
3:23:49
it all so we don't have an issue later.
3:23:51
So sorry, you were at this hotel, correct?
3:23:53
Yes. OK.
3:23:54
And you were talking with someone that you believed to be
3:23:57
15 years old, correct? Yes.
3:23:59
OK. And you asked him to come meet
3:24:02
you at your hotel, correct? Yes.
3:24:03
OK. And that was to have performed
3:24:06
fellatio either on him or him performed fellatio on you,
3:24:09
correct? Yes, OK.
3:24:11
And you we're going to pay for his Uber, correct?
3:24:15
Correct. OK.
3:24:17
And. And you believed he was a minor?
3:24:23
Did you believe at the time period that he was a minor?
3:24:26
Yes. And you still allowed him to,
3:24:29
and you still asked him to do this act.
3:24:31
With you, yes. The police show correct.
3:24:33
Yes. All right.
3:24:33
And how old are you, Sir? 36.
3:24:39
Thank you, Miss. Like did you have any additional
3:24:42
questions, just one? Follow up, Your Honor.
3:24:46
We talked about the sort of notice.
3:24:48
Your attorney did explain, I did explain that to you, correct
3:24:51
about the sort of notice and registration and things of that
3:24:53
nature. Correct.
3:24:53
Yes. All right.
3:24:55
So you understand that just. Because it does.
3:24:57
Not have this on the notice on here that you understood that it
3:25:01
was on the sort of notice, correct?
3:25:02
Yes. All right, I have no further.
3:25:04
Questions. Thank you.
3:25:08
For Council where promises, threats or induces other than
3:25:11
those already placed on the record.
3:25:13
No. You're right.
3:25:14
Does the court comply with the portal?
3:25:16
Yes. I find defendants plea has been
3:25:20
freely, voluntarily, knowingly and understandingly made without
3:25:22
undue influence, threats, coercion or promises of
3:25:25
meetings. You also find there's sufficient
3:25:26
grounds to accept defendants plea.
3:25:28
Therefore, Count one will enter with the soaring notice and the
3:25:32
court does note that defendant has, despite it not being
3:25:36
correct, we have corrected on the record and that he talked
3:25:39
about it with his attorney as well as the three other counts
3:25:43
that are now being dismissed. Had that notice as appropriate,
3:25:48
which would be identical to Count 1, and it was read today
3:25:52
on the record, he had ample time to dispute this.
3:25:56
Ask for admitted information, send it back to District Court
3:26:01
or do anything else, and everybody's waived it to move
3:26:03
this forward. So the court does find that
3:26:05
Count 1 should be entered, can add with that amendment and the
3:26:10
people will find them in information.
3:26:12
Count 2, Count 3 and Count 4 are dismissed in their entirety
3:26:17
along with any outstanding warrants, if any, related to
3:26:20
this file. Those would be recalled and
3:26:22
dismissed. Do we have a sentencing date?
3:26:25
June 10th at 9:30. Does that meet with your
3:26:30
schedule news? Like I'm just checking real
3:26:32
quick here. And Judge, I'll file an amended
3:26:38
information today with that sort of notice.
3:26:40
Thank you. Did you say 10:30 or 9:30?
3:26:54
9:30. And that was June 10th.
3:26:58
It'll work fine, Your honor. OK Sir, you'll need to cooperate
3:27:01
with information. They're going to come and see
3:27:03
you. They're going to do a very
3:27:04
detailed pre sentence investigation report that we'll
3:27:06
talk about it, time sentencing. And just like we'll come see you
3:27:09
and you too, we'll review it as well to make sure it's correct.
3:27:11
OK. Bond is revoked.
3:27:13
So all your time counts. Is there anything else?
3:27:16
Most likely, your honor. We'll have a sensing memorandum,
3:27:18
but there's a couple of things that.
3:27:20
I'll. Attach that I.
3:27:21
Don't want in the public file. So if you put it attach it to me
3:27:25
it will not get in the public file.
3:27:28
So. I just wanted to make sure that
3:27:30
that was. Clear on the record.
3:27:31
So that I will give the prosecutor a copy.
3:27:33
To you as well. OK.
3:27:34
So just follow whatever is public public and then just
3:27:36
write to us not to be filed so somebody doesn't make that
3:27:38
mistake. And the prosecutor will make
3:27:40
sure we I'm here today. Absolutely.
3:27:42
Thank your honor. Have a wonderful day.
3:27:45
Great seeing you. Nice seeing you.
3:27:51
OK friends, TCF live about another half an hour to go.
3:27:55
Let's actually before we go anyplace else, reminder tonight,
3:28:00
sidebar, 8:00 PM Eastern, 5:00 PM Pacific.
3:28:02
You will want to be there because it's the last Thursday
3:28:05
of the month, which means the chat controls what we discuss.
3:28:09
So be there, bring your questions and we will discuss
3:28:13
them again, 8:00 PM Eastern, 5:00 PM Pacific, right here at
3:28:16
TCF. Okie Dokie, back to Judge Mom
3:28:23
runner John Goldwall, P3 O 758. On.
3:28:27
Behalf of Miss Hamlin Miss Hamlin, please put your name on
3:28:30
the record. Linda Hamlin.
3:28:32
All right, very good. Good morning.
3:28:33
Thank you. And today is the date scheduled
3:28:34
for the show cause Miss Hamlin was discharged from probation
3:28:40
and she owes a balance of $950. That is correct you.
3:28:44
Forgotten about that or missing payments?
3:28:46
She hadn't forgotten about it, she did it full on some hard
3:28:49
time. She didn't lose her job.
3:28:51
She's now back working. Is that correct?
3:28:55
Yeah, I normally work 2 jobs and I want my other one close and so
3:29:02
I'm just down to the line. She does have about she does
3:29:06
have $500 to pay today and she would appreciate a payment plan.
3:29:12
OK. And so ma'am, did you contact
3:29:16
into the court at all when you had lost one of your the 1 John?
3:29:19
No. OK.
3:29:20
So that would have been helpful and preventing you from having
3:29:23
to come in today. But I'm glad that you are here
3:29:27
today and you're able to make a payment on this balance and it's
3:29:30
still $950 from what I recall, from what it shows here.
3:29:34
So I will indicate that you're paying $500 today.
3:29:38
And then he asked the balance of $450.
3:29:41
Ma'am, what payment plan would you like?
3:29:45
It could be the same as before. I think it was 50.
3:29:48
OK, so $50.00 per month. And since you're paying $500
3:29:54
today, would you like to begin that April 24th?
3:29:56
That's four weeks from tomorrow. All right, OK.
3:30:01
And then as long as you're continuing with those payments,
3:30:03
you won't have to come back. OK, Thank.
3:30:05
All right, thank you. You can even get information
3:30:06
about paying online at the window too.
3:30:08
So just stop at the window and make your payment.
3:30:10
Thank you. Thank you.
3:30:11
Good luck to you. Thank you, Ron.
3:30:13
All right, this is the matter of Freylin Hernandez 232025.
3:30:28
Good morning, Mr. John Volpa, P-358-ON behalf of Mr.
3:30:34
Hernandez, Your Honor, Mr. Hernandez indicates to me that
3:30:39
he was here approximately a month ago and that at that point
3:30:43
in time the court placed him on a payment plan in the amount to
3:30:47
$50.00 per month. He paid $50, he's paid 1st $50.
3:30:54
He owes quite a substantial amount and he has another $50
3:31:00
which he's going to be able to pay tomorrow.
3:31:03
And wishing to thank you in statement.
3:31:06
OK. And so, Sir, your name for the
3:31:09
record, please. Probably your name.
3:31:11
OK, thank you. OK, So I do show yes, your
3:31:16
client was here on February 5th and so we he was supposed to pay
3:31:23
$50.00 per month beginning February 6th.
3:31:26
He was also going to pay $300.00 from his income tax refund and
3:31:29
then set it for today or set it for a date if he misses the
3:31:32
payment. So did you miss the payment?
3:31:35
No. Did you pay the $300?
3:31:38
I haven't got the income tax yet.
3:31:41
OK, when do you expect did? When did you already file your
3:31:44
refund? Sir.
3:31:45
Oh yes. OK.
3:31:46
When did you do that? And it was on February.
3:31:51
Fits each something. OK.
3:32:05
All right. Did you make your payment in
3:32:09
March? Did you make your payment March
3:32:12
6th? No, no.
3:32:16
That's why you're back on the docket today.
3:32:18
OK, he has. I didn't.
3:32:20
Know there was like a specific date.
3:32:22
Yes Sir, $50.00 per month beginning February 6th.
3:32:27
That means the 6th and every month you make your payment.
3:32:33
And that indicates you're on a guess $50?
3:32:35
You will be. Paying that.
3:32:36
Tomorrow. Is that correct?
3:32:37
Yes. OK, well just so you know, the
3:32:40
6th of April is right behind it. Are you paying another $50 on
3:32:44
April 6th? Yes, you're sure.
3:32:47
And when it doesn't indicate when you're expected to receive
3:32:50
your refund. No, it's OK since I get it all
3:32:55
paid. All right,
3:33:37
April 6th, the Monday, Sir. So that's literally 10 days
3:33:40
after you make your payment tomorrow.
3:33:43
OK. Don't miss it, OK?
3:33:59
OK. Stop at the window to get
3:34:02
information about paying it online as well, Sir.
3:34:04
So you don't. You don't have to come on in.
3:34:06
Thank you. You're welcome.
3:34:08
Have a good day. And we are on the record of the
3:34:10
matter of the state of Michigan versus Johnstone 211942 and we
3:34:15
should do another file for Mr. Stone.
3:34:17
No, no, no. OK.
3:34:23
Not that I see. Give another sentencing date it
3:34:26
got moved we probably. Well, first I think.
3:34:28
That's next Monday, yes. OK.
3:34:30
All right. So I do apologize, Sir, But
3:34:33
since this was a State of Michigan case originally, that's
3:34:35
why I was on for today. So had we caught that, we would
3:34:38
have been able to put them on the same date potentially.
3:34:40
But in any event, you have the Council your appearance, please.
3:34:47
You're John Bolpaugh, P3 O 758A Stone.
3:34:51
Please put your name on the record, Johnstone.
3:34:54
OK, so today's the date scheduled for the shell cause
3:34:57
hearing. You have a balance of what,
3:34:59
$18185 Have not made a payment since you were sentenced on
3:35:03
October 14th of 2022. Correct.
3:35:08
Mr. Phillips fell on quite a few hard times since that date.
3:35:12
I understand he's had some problems.
3:35:14
In fact, I represent the previous matter correct, and as
3:35:20
you've indicated, he has another matter pending for sentencing on
3:35:26
People First. He indicated to me that he is
3:35:30
continuing to turn his life around.
3:35:31
He's doing the best he can. He does have $50.00 to pay today
3:35:36
and wishes to enter a payment plan.
3:35:39
For 100. Dollars per month he paid $50.
3:35:46
And. He would ask to enter into a
3:35:50
payment plan of $100 per month starting on the IT is the 26th
3:36:02
to 26th of each month. OK.
3:36:05
And I'm aware that Mister Stone has fallen on some hard times.
3:36:08
My my question is though, Sir, so now you're able to enter into
3:36:12
a payment plan. What's happened the last 3 1/2
3:36:15
years that you couldn't do that? I hadn't alcohol at them so and
3:36:22
it's just one thing after another and I did all this to
3:36:25
myself. But you know, I thought this was
3:36:29
1 fines and costs which nevertheless I shouldn't have
3:36:33
neglected but I forgot there was restitution to this.
3:36:36
A family paying $1000 deductible.
3:36:39
So I'm going to like $100 a month's bare minimum and just
3:36:43
started working again landscaping.
3:36:45
So we're busy already and. Won't be paying them out.
3:36:48
All summer, so $100 a month. Is the minimum.
3:36:52
I want to address this for sure as fast as I can.
3:36:57
All right. Well, I do appreciate that you
3:36:59
acknowledge that you know somebody's out of pocket money
3:37:02
from that. So $100 per month beginning
3:37:05
today you indicated? I paid $50 today and by the this
3:37:11
date of next month, $100 a month.
3:37:13
Then, all right, so beginning April 26th, $100 per month.
3:37:17
Defendant paid $50 today, which means that you won't have to
3:37:23
come back into court unless you miss a payment.
3:37:26
And your Honor? He did pay the 50 today already.
3:37:28
Right, I just made a note. I just wanted to make sure that
3:37:30
he slipped. Yes, yes, you got.
3:37:33
It all right. Very good.
3:37:34
Thank you. Have a good day.
3:37:37
OK, let's go off the record. Is this Mr. Just?
3:37:42
Need. I don't, I just need the
3:37:43
signature. I don't see that he's hearing.
3:37:48
No, this is my line. Oh, I signed it, I did this, I
3:37:57
signed it. So I just.
3:38:00
Gave you that, so maybe. OK, I don't know where it came
3:38:04
from, but I I signed it last week and I was told to sign it.
3:38:07
OK, I don't. Have.
3:38:09
It. He is who's?
3:38:12
His attorney's here. 10:45 So maybe he is OK, I just didn't
3:38:17
see him on the tracking list. Yeah, no, his attorney's here,
3:38:20
but he. Is he?
3:38:21
I don't. Wasn't sure as.
3:38:25
Well, I don't know if he. Not a roughly poster band.
3:38:28
OK. I believe he did he.
3:38:34
I know he's out on a red file, but I know we're short on red
3:38:37
file, so I know we have met warrants.
3:38:41
The call I'm just going to, I'm going to finish reviewing this
3:38:43
other search warrant I have, if that's OK with you.
3:38:49
I left the three dates here with an elastic call just so You all
3:38:53
right? Well, they await another
3:38:54
contestant. Let's go back to Judge Wheeler
3:38:57
in Battleground. Sir, can I have you state your
3:39:01
name and date of birth, please? For the record.
3:39:03
Matthew Lawrence King November 4th, 2003 Mr. King, you're
3:39:06
making a first appearance arraignment on the charge of
3:39:09
failure to transfer title within 45 days.
3:39:11
It's a simple misdemeanor, subject to 90 days in jail and
3:39:14
the $1000 fine. Before we proceed with the
3:39:17
arraignment, there is an offer that's been handed forward in
3:39:20
your case to amend the criminal charge down to an infraction
3:39:25
called failure to register vehicle.
3:39:27
So I'd be $150.00 fine and $150.00 filing fee.
3:39:31
So total cost of $300 would resolve the case today.
3:39:36
Doesn't necessarily fix the underlying problem, but it would
3:39:39
resolve the case today. So rather than proceed with the
3:39:42
criminal arraignment, would you like the court to amend your
3:39:44
charge to the traffic infraction?
3:39:49
Yes, please. We're going to get you some
3:39:52
documents, Sir, over at the far desk by the door.
3:39:55
And once you have your paperwork, you are free to go.
3:39:57
Yes, Sir. Thank you very much.
3:40:01
Alicia Falk. I didn't maybe put those in
3:40:08
order underneath them. Yeah, well, ma'am.
3:40:13
Good morning. Can I have you?
3:40:14
State your name and date of birth please, for the record.
3:40:16
Alicia Faulk, July 19th, 1989. Faulk, you're making a first
3:40:22
appearance arraignment on a charge of driving while
3:40:24
suspended in the third degree. It's a simple misdemeanor
3:40:27
subject to 90 days in jail and a $1000 fine.
3:40:31
In your matter as well, there is an offer to amend that criminal
3:40:36
charge down to an infraction called failure to display a
3:40:39
license, the $150.00 fine and $150.00 filing fee.
3:40:44
It would resolve that case today.
3:40:46
Yes. OK, so rather than proceed with
3:40:48
the criminal arraignment, would you like the court to amend it
3:40:51
to the traffic infraction? Yes, Sir.
3:40:53
OK, I will do so. I'll find the infraction
3:40:55
committed. There isn't an associated
3:40:58
traffic ticket. That's also with the case.
3:41:00
Let's take a quick look at that. It is a transfer without
3:41:05
application infraction. Looks like that is a $1000 fine.
3:41:13
Madam Clerks, is Miss Falk eligible for a deferred finding
3:41:17
on her infraction? She does not have ACDL.
3:41:23
So Miss Faulk, A deferred finding is $150.00 fee.
3:41:27
If you pay that fee, your infraction would be dismissed.
3:41:30
You can use it once every seven years on a moving violation,
3:41:33
once every seven years on a non moving violation.
3:41:36
This would be a non moving violation.
3:41:38
Would you like the court on your infraction to enter a deferred
3:41:41
finding? Yes, Sir, all.
3:41:43
Right. I'll go ahead and do so.
3:41:44
So we're going to get you some documents, ma'am, over at the
3:41:53
very far desk by the door in a few minutes about how to get
3:41:57
these infractions paid. And once you have that document,
3:42:02
you are free to go. OK.
3:42:03
Thank you. Have a great day.
3:42:05
You too. Joseph Masek.
3:42:30
Hello Sir. Hello.
3:42:32
Can I have you state your name and date of birth please?
3:42:34
For the record, Joseph Masik 10/25/1985 Mr. Masik, you're
3:42:39
making a first appearance, Raymond, on a charge of driving
3:42:42
while suspended in the third degree.
3:42:44
That charge is what is called a gross misdemeanor, subject to
3:42:47
364 days in jail and a $5000 fine.
3:42:51
It's also kind of a unique charge because if you're
3:42:54
convicted of it, it carries A1 year license revocation.
3:42:57
Meaning if you've. Convicted of you don't have no
3:42:59
lawful way to drive. I did review the associated
3:43:04
police reports with your case. I did from what is called
3:43:07
probable cause. And one question about your
3:43:10
declaration here. Did you just start your job in
3:43:13
regards to the I did just start my job.
3:43:15
I'm almost that almost at the end of my second week there.
3:43:19
OK. How long had you been out of
3:43:21
work before then? I've been self-employed and it
3:43:25
just wasn't working out. So I went and and found a job.
3:43:29
OK, getting into too many details for yourself.
3:43:38
Employment every two weeks, were you earning more or sorry?
3:43:43
Every month were you earning more or less than about $1400?
3:43:48
Every month I was making more than $1400.
3:43:51
OK, and you support two people. I'm going to go ahead and assign
3:43:54
counsel, though. Port will assign, court will
3:43:58
assign Greg Cheney. So Sir, we're going to enter a
3:44:04
not guilty plea today that preserves all of your rights and
3:44:07
keeps all of your options open. I'm going to set 2 future court
3:44:10
dates. The 1st is what is called an
3:44:12
attorney pretrial date. That's just going to be for your
3:44:15
attorney on the 8th of April. Your next mandatory court date
3:44:19
Sir is going to be on the 30th of April twenty 26th at 10 AM.
3:44:25
You can be in person that day or on Zoom which do need to be
3:44:28
present. Your release conditions are to
3:44:31
violate no laws appear at all mandatory court dates to notify
3:44:34
the court of any change of address or phone number.
3:44:37
You are not to drive without a valid license and insurance and
3:44:40
I am releasing you on your recognizance so your attorney
3:44:45
can be in touch with you. Is there a phone number I can
3:44:46
write on the form here? Yes, 5642.
3:44:56
Mr. Masik, we're going to get you some documents at the very
3:44:58
far desk by the door. I then want you to go to the
3:45:00
same location where you checked in for court.
3:45:02
There's a table on the left hand side.
3:45:05
Get a business card for Greg Cheney.
3:45:06
Call his office tomorrow. Let him know he's been assigned
3:45:09
as your attorney. OK.
3:45:10
OK. Thank you, Skylar Thorpe.
3:45:28
Well, ma'am. Hello.
3:45:30
Can I have you state your name and date of birth please for the
3:45:33
red? Skylar Thorpe, October 14, 2002.
3:45:37
Miss Thorpe, you're making a first appearance arraignment on
3:45:39
a DUI charge. A DUI is a gross misdemeanor
3:45:43
subject to 364 days in jail and a $5000 fine.
3:45:47
It's also a charge, excuse me, that has mandatory minimum jail
3:45:52
time, license suspension, high risk insurance, those sort of
3:45:55
things. If you're convicted.
3:45:57
I did review the associated police reports with your case.
3:45:59
I did find probable cause because this is a criminal
3:46:03
charge. You have several important
3:46:05
rights today, including the right to remain silent, the
3:46:08
right to a speedy and public trial, and the right to an
3:46:11
attorney. You're kind of on the
3:46:15
borderline, but due to the nature of the charge and your
3:46:18
age, I am going to go ahead and assign you counsel if you want a
3:46:21
public defender or we'll assign will sign.
3:46:27
Kenneth Wallace. Mr. Busby, on Miss Thorpe's case
3:46:31
is the city asking for release conditions?
3:46:36
City is asking for standard DUI release conditions.
3:46:38
No consumption of alcohol, non prescribed drug.
3:46:40
OK, so Miss Thorpe, we're going to enter a not guilty plea at
3:46:43
this time that preserves all of your rights and keeps all of
3:46:46
your options open. I'm going to set 2 future court
3:46:49
dates. The 1st is just for your
3:46:51
attorney, Mr. Wallace. That is going to be on the 8th
3:46:54
of April 2026. Your next mandatory court date,
3:46:58
ma'am, is going to be on the 30th of April 2026 and you can
3:47:03
be in person that day or on Zoom, but you do need to be
3:47:06
present. That's going to be at 10 AM.
3:47:08
Your release conditions are to violate no laws here at all.
3:47:11
Mandatory court dates to notify the court of any change of
3:47:14
address or phone number. You're not to consumer possess
3:47:17
any alcohol, non prescribed drugs or controlled substances
3:47:21
while your case is pending if you're not to drive without a
3:47:24
valid license and insurance so Mr. Wallace can be in touch with
3:47:28
you. Is there a phone number I can
3:47:29
write on the form here? 360.
3:47:37
So, Miss Thorpe, we're going to get you some documents at the
3:47:39
far desk by the door. And then once you go to the same
3:47:41
location where you checked in for court, get a business card
3:47:44
for Kenneth Wallace. Call his office tomorrow.
3:47:46
Let him know you've been assigned his client.
3:47:49
OK. Thank you.
3:47:50
Thank you, ma'am. Heather Contreras.
3:47:59
Hello ma'am. Hello, May I have you state your
3:48:02
name and date of birth please for the record?
3:48:04
Heather Contreras and it's November 23rd, 1969.
3:48:08
Thank you, ma'am. Just Contreras, you're making a
3:48:10
first appearance arraignment today and in charge of driving
3:48:13
while suspended in the third degree.
3:48:15
That is a simple misdemeanor subject to 90 days in jail and a
3:48:18
$1000 fine. There is an offer in your case
3:48:22
to amend that criminal charge down to what's called a traffic
3:48:26
infraction. A traffic infraction is failed
3:48:28
to display a license, the $150.00 fine and $150.00 filing
3:48:33
fee. Rather than proceed with the
3:48:35
criminal arraignment today, would you like the case amended
3:48:38
to the traffic? Infraction.
3:48:39
Yes, please. OK.
3:48:40
We'll find the infraction committed.
3:48:44
There is also an expired registration ticket it looks
3:48:48
like with the case. Let me take a quick look at
3:48:50
that. Is Miss Contreras eligible for a
3:48:54
deferred finding? Miss Travers.
3:49:29
I guess it. Depends on when it was revoked
3:49:31
in 19 then. Oh, we're close.
3:49:37
OK, so Miss Contreras, the traffic infraction is a $242
3:49:46
fine. The court can mitigate that,
3:49:50
which means lower the the fine and cost for you.
3:49:52
Would you like the infraction to be mitigated?
3:49:54
Please. OK.
3:49:56
I'll find that commit that infraction committed, I'll
3:49:58
mitigate it to $100 fee. Thank you.
3:50:02
You're welcome. So we're going to get you some
3:50:07
information, Miss Contreras at the far desk by the door about
3:50:11
how to get both of the infractions paid.
3:50:13
Keep in mind, it doesn't fix the stuff, but so hopefully that
3:50:15
gets taken care of soon. OK.
3:50:17
OK. Thank you, ma'am.
3:50:18
Have a good day. All right, let's go back to
3:50:24
Judge Desanto and we'll finish our day off with her.
3:50:30
Well, 33O758 on the F of the delete.
3:50:35
Miss Lee, would you please put your name on the record?
3:50:38
Hi, my name is Jessica. Lee.
3:50:40
All right, and good morning. Today is the date scheduled for
3:50:43
the arraignment free trial on this matter after a while.
3:50:48
You're I. That's her notes.
3:50:53
OK. Thank you.
3:51:31
You're. Welcome, please push your name
3:51:40
for the. Very.
3:51:42
Good. Thank you.
3:51:42
All right, Council. You're John Goldwell asked him
3:51:46
when he should stand due to the charges.
3:51:48
Waive a formal meeting of those charges, yes, but please not
3:51:51
guilty. The court will waive the formal
3:51:53
reading and enter a plea of not guilty for purposes of the
3:51:58
arraignment and as to the pretrial.
3:52:02
As to the pretrial you run, I've had an opportunity to speak with
3:52:05
Mr. Mohammed. It's my understanding that in
3:52:08
return for plea of guilty to no operator's license on possession
3:52:13
be driving a law license suspended second and 1st would
3:52:17
be dismissed. I've explained to Mr. Miss Lee
3:52:21
her constitutional rights. She stand those constitutional
3:52:25
rights also understands that by entering into this place, she
3:52:29
can wait in some of those constitutional rights.
3:52:32
With that said, your honor, she wishes to avail herself this
3:52:35
plea opportunity. There are no, excuse me,
3:52:41
immigration. OK, please raise your right
3:52:46
hand. Do you solemnly swear, or from
3:52:48
the testimony you're about to give in this matter, to be the
3:52:49
truth, the whole truth, and nothing but the truth?
3:52:52
OK, you heard the. Plea that was placed on the
3:52:54
record, correct? Yes.
3:52:56
As to that amended plea of no operator's license on person,
3:53:02
how do you plea after dumpty and you've gone over your advice of
3:53:06
rights with your attorney, correct?
3:53:08
Yes. And you understand all of those
3:53:10
rights. You also understand by entering
3:53:13
into a plea that you'll be waiving some of those rights.
3:53:20
And you also understand the possible penalty as a result of
3:53:23
your plea, whether in this court, any other court or
3:53:26
administrative agency. And you do understand that this
3:53:36
will abstract on your driving record.
3:53:38
There may be some licensing stations.
3:53:39
You understand that, yes. Knowing all of that, do you want
3:53:42
to continue with your plea? Yes.
3:53:44
Has anybody promised you anything, threatened you or
3:53:46
coerced you in any way for you to enter into a plea?
3:53:49
Any immigration issues? No.
3:53:52
All right. Thank you.
3:53:53
And counsel, if you can, please provide to your client.
3:53:57
Thank you, Miss Lee. Back in October, it's the
3:54:04
quarter floating around. October 18th of.
3:54:06
October 18th of 2016 we brought bringing a motor vehicle in the
3:54:12
city of Wyandotte. Yes.
3:54:13
And did you come a? Point in time when you came in
3:54:15
contact with the Wyandotte police officers and they asked
3:54:18
you for your driver's license and at that time you did not
3:54:22
have a valid operator's license on your possession, did you?
3:54:25
That's satisfied your. The court is also satisfied the
3:54:30
plea is knowing volunteering factually after the court will
3:54:33
accept your plea to the amended charge dismissed the original
3:54:36
charge for the plea agreement and council.
3:54:41
That's the sentencing, Your Honor.
3:54:42
We asked for media sentencing in this particular matter.
3:54:45
Miss Lee at the time was going through a very tumultuous time
3:54:52
in the life. She was homeless.
3:54:54
She was in a very destructive relationship.
3:55:01
She was an obedient individual and that individual is no longer
3:55:06
free to walk around. I'm not suggesting that.
3:55:09
Was not that an excuse for failing to appear quite some
3:55:14
time ago? But that's what was going on in
3:55:17
the lake at that time. She has taken care of the
3:55:21
matters. She has a valid operator's
3:55:24
license at this time. There were, as I said,
3:55:29
extendedly circumstances she apologized for for not handling
3:55:34
this, but unfortunately that was not a priority at that time.
3:55:40
Over the years one thing led to another slips away.
3:55:45
How she shares me for you so OK he asked for questions all.
3:55:49
Right. And your license is valid now,
3:55:52
correct? All right, $100 fine, $200 cost,
3:55:59
Crime victim assessment fee of $75, Justice system assessment
3:56:03
fee of $50. No, I'm sorry, 150, I'm sorry.
3:56:11
There's a warrant fee, right? A warrant clearance.
3:56:13
Fees of 95. OK.
3:56:17
And then a warrant fee of 50, clearance fee 45 for total of 95
3:56:25
extra dollars. And so then that's three 425 S,
3:56:30
the total is 520 dollars, OK. They post a bond of $500 less
3:56:38
the 10% retention is $450. So you would owe $70 today.
3:56:46
OK, whatever I have. To pay.
3:56:48
OK, All right, Just have a seat and somebody will be with you
3:56:52
shortly at the window. OK.
3:56:53
Good luck to you, ma'am. Thank you.
3:56:55
Have a good day. OK, let's go off the record for
3:56:57
a quick moment, Mr. Gopal. OK friends, that's the end of it
3:57:03
for today. Well, not for today.
3:57:05
We're back tonight. Sidebar, 8:00 PM Eastern, 5:00
3:57:07
PM Pacific. Do join us there.
3:57:09
Bring your talking points with you because the chat is in
3:57:12
control of what we discussed tonight.
3:57:14
So check us out then and we'll be back here tomorrow morning,
3:57:18
9:00 AM Eastern, 6:00 AM Pacific, 1/2 an hour earlier if
3:57:21
you are a channel member. So go have yourselves a good
3:57:24
Thursday. Look forward to seeing you all
3:57:26
soon. And thanks for spending your
3:57:28
time with me this morning. Take care, God bless.