Latest / The Courtroom Files / March 27 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #259

Transcript

March 27 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #259 · The Courtroom Files

• 0:02
  Good morning everybody, happy Super Friday.
• 0:04
  Welcome to TCF Live. My name is Dan.
• 0:06
  I will be your guide on this journey through Courtlandia for
• 0:09
  the next 4 hours. Let's get our day started in
• 0:11
  Lansing, MI. This is Judge Buchanan.
• 0:16
  FY My honor, Natalie may come on behalf of the people.
• 0:19
  Good morning, Your honor. Assistant Public Defender Steven
• 0:23
  Feiglson on behalf of Kenneth Benn, also present by way of
• 0:26
  video conferencing. All right.
• 0:29
  And you did confirm that you are kind of been on the video, is
• 0:31
  that right? Thank you.
• 0:35
  Today's the date scheduled for probable cause conference.
• 0:38
  We have a preliminary exam scheduled for next week on April
• 0:42
  2nd. Have we decided what we're
• 0:44
  doing? It's my understanding that we
• 0:46
  will be we will be proceeding to the preliminary examination next
• 0:49
  week. The people do have a small
• 0:51
  request of the court. I hope it's a small request and
• 0:54
  speaking with the victim in this case, he's requesting that
• 0:59
  either his appearance not be mandatory until 3:00 PM or may
• 1:02
  not begin the prelim at 3:00 PM. And his reasoning, your honor,
• 1:04
  is because of his work schedule. While he has a subpoena and his
• 1:08
  work is required to provide him the time off, he's due to other
• 1:11
  cases that his children are involved in, one his child being
• 1:15
  a victim and one his child being a defendant.
• 1:18
  He has taken a lot of time off of work and is afraid that there
• 1:21
  may be other repercussions if he has to miss work to come to this
• 1:25
  exam. He is willing to come to the
• 1:27
  exam. He has been participating in
• 1:28
  prosecution. He's just requesting that
• 1:30
  instead of starting at 1:30, we start at 3:00, or at least his
• 1:33
  presence can be here at 3:00. Mr. Feiglson, do you wish to be
• 1:39
  heard on the request? Judge, I'll leave it to the
• 1:42
  court. I understand Miss Macomber's
• 1:44
  position. We'll leave it to the court
• 1:47
  'cause it's possible we may even we could always start and by the
• 1:51
  time he gets here it'd be 3:00 anyway.
• 1:53
  So leave it to the court. Yeah, I'm looking at my exam
• 1:57
  docket for that day in the afternoon, and I have a full 10
• 2:00
  exams, so I'm sure we'll have plenty to work on until his
• 2:05
  arrival. OK.
• 2:06
  Thank you. OK.
• 2:11
  Anything else, Mr. Vigelson, for the record?
• 2:16
  Nothing today, Your honor, We'll just leave it on for an exam.
• 2:20
  OK. We'll leave this on for
• 2:22
  preliminary exam. Mr. Ben, you have a no contact
• 2:26
  order that applies whether you're in jail or out of jail.
• 2:28
  Remember that because if you use the jail phone to make calls,
• 2:32
  the prosecutor can listen to your calls.
• 2:34
  They can use your calls against you.
• 2:35
  They can use your calls to add additional criminal charges.
• 2:38
  You could also be in contempt of court and face up to 92 days in
• 2:42
  jail and or $7500 in fines consecutive to that which you
• 2:45
  already face. Understand.
• 2:49
  No. All right.
• 2:50
  Then we will conclude with Mr. Bun.
• 2:52
  Thank you. Mr. Bun, I'll be I'll talk to
• 2:54
  you next week, OK? I guess I'll put you in the
• 3:03
  visiting room because. Well, she racks up the next
• 3:07
  contestant. Good morning once again,
• 3:08
  everybody. Ashley, thank you for the $10
• 3:10
  super chat. Tim, thank you for gifting 5
• 3:13
  memberships. Appreciate that.
• 3:14
  So an explanation of the Super Chat goal that I set for today.
• 3:18
  If we hit 10 Super chats during Monday's fourth hour, I will do
• 3:23
  a photo show of all of the pets of TCF.
• 3:28
  And that's not just the ones we have here at the bunker.
• 3:31
  I will allow you to e-mail in pictures of your pets as well,
• 3:35
  and we will share them all 'cause I know we all love our
• 3:38
  animals here. So that that will be what will
• 3:41
  happen with the 4th hour on Monday if we hit our goal.
• 3:44
  Just so we're all clear on that, let's get back to judge.
• 3:48
  As the interpreter. I think he's at the facility in
• 3:52
  Baldwin. Miss McCray, How?
• 3:56
  Was that people would just respond
• 4:11
  to you in the chat? That would be helpful.
• 4:17
  Hello. I'm the interpreter.
• 4:21
  Yeah, and you're interrupting, caller.
• 4:23
  Please don't do that. On the record in State of
• 4:26
  Michigan versus Elmer and Dino Ramirez, 260-0606 FY Andrea
• 4:33
  McRae appearing on behalf of the People.
• 4:35
  Good morning, Your Honor. Again, Assistant Public Defender
• 4:37
  Steven Feiglson. On behalf of Mr. Endino Ramirez.
• 4:43
  Your Honor, he is not a president.
• 4:45
  My understanding is at the ICE facility up in Baldwin, MI, Your
• 4:50
  Honor. Correct.
• 4:52
  So we do have an interpreter here today, but I didn't ask her
• 4:56
  to be sworn in or anything yet because we don't have the
• 4:59
  defendant for the interpretation, I guess.
• 5:04
  What information do we have to confirm that he's detained?
• 5:10
  He appears to be logging into Zoom right now.
• 5:12
  So do we really think he's detained?
• 5:13
  No way. Oh, I, I think he's detained.
• 5:16
  Well, are they logging in from the detention center?
• 5:19
  That's awesome if they are. Oh, this is it.
• 5:21
  Might be it might be the family. I don't.
• 5:24
  Know. If you are Elmer and Dino
• 5:27
  Ramirez, you need to unmute and identify yourself.
• 5:33
  Oh, all right. Well, Miss Nickel, you may have
• 5:36
  someone to interpret for. Is that your client, Mr.
• 5:38
  Feiglson? I believe so, Your Honor, but
• 5:41
  can you? Got to unmute there, Miss
• 5:47
  Nickel. Sandra, please unmute.
• 6:17
  The name that I have is Elmer. Is this the same person?
• 6:21
  Elmer Regalado. We have Elmer and Dino Ramirez.
• 6:30
  The name I'm here for is Elmer Salvador Regalado.
• 6:34
  I may have the last client. Salvador Regalado was a
• 6:39
  gentleman we saw yesterday with a different last name.
• 6:42
  The person we need you for today is Elmer.
• 6:45
  I see they typed it wrong. I see it right here on the
• 6:47
  document. It's supposed to be Elmer and
• 6:49
  Dino Ramirez. OK.
• 6:52
  OK, Mr. Fagos, and I'm assuming you have not spoken to your
• 6:54
  client since you believed he was unavailable to you?
• 6:57
  That's correct, Your Honor, I have not.
• 6:59
  Would you like a breakout? Room with your client and the
• 7:01
  interpreter. Yes, please, Your Honor.
• 7:03
  Thank you. OK, I'm going to try and put you
• 7:06
  all together. Sandra, if you can tell Elmer,
• 7:09
  he's going to have to click join.
• 7:12
  When the prompt appears on his screen, I already see it.
• 7:34
  May I press C correcto? Sandra, please join as well.
• 7:47
  OK, Well, that was a weird turn of
• 8:00
  events. We didn't know they were going
• 8:03
  to be available. Now we're going to get it all
• 8:08
  set for next week for all the interpreters and they won't
• 8:10
  break him. Well, I don't know where he is.
• 8:13
  So that's going to be the first question is where are you not
• 8:16
  sure if he'll be there even after Monday.
• 8:18
  I don't know. I.
• 8:23
  Don't know. I don't see anyone in that
• 8:37
  visit. Room Okie dokie friends.
• 8:49
  The courts are off to a little bit of a slow start this
• 8:51
  morning, as is Judge Buchanan's court in and of itself from the
• 8:54
  looks of things. However, we do have Judge
• 8:57
  Elmore. Looks like he's about to do
• 8:59
  something, so let's go up there and say good morning to him.
• 9:26
  You have the old PSI for this file?
• 9:31
  Yes, Sir. Mr. Burke, if you can hear us.
• 9:39
  There he is, everybody. Good morning, Your Honor.
• 9:41
  I'm sorry about that. It's OK.
• 9:44
  All right. We are now on the record today
• 9:46
  on this Friday, March 27th, going on here now for the 28th
• 9:52
  Circuit Court here in Westford County.
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  Our first file this morning is people to say to Michigan versus
• 9:58
  Henry Collins. The file number in this case
• 10:01
  IS19-12592-FH Appearances, please.
• 10:11
  Good morning. For the record, my name is Mark
• 10:12
  Burke, My P verse 54935. I'm with the attorney.
• 10:15
  John is also paying for the people.
• 10:18
  Thank you Honour Taylor and Anna Travanto on behalf of Mr.
• 10:21
  Collins, who's the president of. The corporate, thank you.
• 10:23
  All right. Also this morning is Mr. Kevin
• 10:25
  Stumpleman. He is the agent today.
• 10:29
  Who has been the? Probation agent on this case
• 10:31
  since he began back in 2019. He is here before the court and
• 10:37
  we're here today for a probation violation hearing.
• 10:43
  Let me take a quick look here at the history of the file.
• 10:47
  Like we were last here on the record last week on March 20th.
• 10:55
  That's Friday. Then it requested a hearing
• 11:04
  conducted within 14 days. 9 is remanded into custody like that
• 11:12
  was actually the informal hearing, the second hearing
• 11:16
  after we conducted an arraignment on March 17th.
• 11:23
  So we're here today for a formal hearing.
• 11:27
  All right, Mr. Burke, have you had the opportunity to speak
• 11:32
  with, you know what? I don't like it when I say have
• 11:34
  you had the opportunity? Everybody has had the
• 11:37
  opportunity. Have you actually spoken with
• 11:39
  the prosecutor? I'm joined the defense attorney
• 11:41
  on the final, the honor counsel. I spoke last week in a breakout
• 11:46
  room and we talked about a couple different options.
• 11:49
  I'm not quite sure exactly what the defendant's position is
• 11:52
  today, but I, I did speak with counsel last week about like I,
• 11:58
  like I said, a few, few different possible options to
• 12:00
  resolve this. All right, So what are the
• 12:03
  answers, Mr. Rovetto? Thank your honor today my point
• 12:08
  would be prepared to move forward.
• 12:10
  On. A.
• 12:11
  Plea. To the offer extended last week
• 12:15
  by the prosecutor and I have met with my client in this since our
• 12:18
  last hearing. We met at the jail.
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  We met again this morning. Sorry, the radiator was quite
• 12:22
  loud. That's all right.
• 12:24
  Keep going. So what's he going to do?
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  What's he pleading to? Well, your Honor, we would like
• 12:28
  to plead guilty to Count 1 and Count 4, which was the
• 12:33
  allegation of my client was. Convicted.
• 12:35
  Of. New offenses in the state of
• 12:37
  Oklahoma. We ran into an issue this
• 12:39
  morning though talking. To Mr. Stibbleton.
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  Is we are not sure if the records Mr. Stibbleton has would
• 12:45
  be sufficient. For purposes of that.
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  Or with the court and I. Would.
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  Like to be able to. Talk to the prosecutor.
• 12:53
  About that or I support how they'd like to proceed on that
• 12:55
  issue. So.
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  One moment. Well, there were for a total of
• 13:03
  4 counts. The original alleged violation
• 13:07
  was filed in this file on January 13th of 2001, alleging
• 13:13
  that on November 6th, 2020, the defendant had violated a
• 13:18
  criminal law of a government, specifically the government in
• 13:22
  Oklahoma for a case of child neglect.
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  That's one of them to which he would please count 2 and three
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  are that he failed in effect to report from January and February
• 13:38
  of 2021 for a period of more than 60 days.
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  Therefore there would be an absconder status and then count
• 13:46
  4 is the violation for count one.
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  I'm sorry, Rule 1 again for violating another law that one
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  was possession of methamphetamine in the state of
• 13:57
  Oklahoma back on October 21st of 2020.
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  I don't understand here if let's I'm going to boil it down this
• 14:08
  way. He's willing to plead guilty to
• 14:10
  two out of four. All. 4.
• 14:18
  Are non-technical, which means whether he pleads to 1 and 4,
• 14:25
  two and three or any combination thereof, it's the same result.
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  Vento, what does your client wish to do?
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  To which ones are he going to plead?
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  And he he's going to make the statement that he knows whether
• 14:43
  or not he was convicted or not convicted.
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  He also knows whether or not he has or hasn't had any contact in
• 14:49
  five years. If the court will allow.
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  Him to just testify. That he was convicted in
• 14:54
  Oklahoma and testimony is enough.
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  Then we would want to proceed forward being guilty to count
• 14:59
  one account. For all right, got it.
• 15:00
  Thank you. Mr. Burke, are you OK with that?
• 15:03
  Yeah. The people would be satisfied
• 15:04
  with the defendant offering, you know, an acknowledgement.
• 15:08
  As far as like the factual basis for the plea, That's that's
• 15:10
  fine. You're on your guess.
• 15:12
  Thank you. Mr. Collins.
• 15:13
  Is that what you want to do today?
• 15:14
  Yes, Sir. All right.
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  The best you can. Please raise your right hand for
• 15:17
  me. Sir.
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  Do you swear or affirm that the information and testimony you
• 15:21
  were about to provide, Shall we? The truth.
• 15:22
  The whole truth? Not the.
• 15:23
  But the truth. Yes, Sir.
• 15:24
  You may lower your hand. All right, Mr. Collins, I
• 15:27
  covered a little bit just briefly there a moment ago what
• 15:30
  the four counts are, and I covered them last week.
• 15:33
  Do you need me to repeat them to you now by pleading guilty to
• 15:38
  count 1 and 4, which again are the allegations that you were
• 15:42
  convicted of a child neglect in Oklahoma and convicted of
• 15:48
  possession of methamphetamine in Oklahoma, You're not going to
• 15:53
  have a contested hearing. You'll be waiving the right to
• 15:56
  question or cross examine any witnesses against you.
• 16:00
  You'll be giving up the right to be presumed innocence until the
• 16:04
  prosecutor proved beyond the air by a preponderance of the
• 16:07
  evidence that you were guilty of those.
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  You'll also be given up the right to confront those
• 16:11
  witnesses, present witnesses, evidence for testimony yourself.
• 16:15
  Plus you'll be given up the right to remain silent and the
• 16:18
  right to not have that silence used against you.
• 16:20
  Do you understand? Yes, Sir.
• 16:21
  And once again, because in this original case you were convicted
• 16:25
  of failing to pay child support you if you are found guilty or I
• 16:29
  accept those please you'll be facing a resentencing on the
• 16:36
  original offense, which is a felony possible by up to four
• 16:40
  years. Do you understand?
• 16:41
  Yes, Sir. And has anyone made any other
• 16:43
  promises direct reduces that we haven't talked about this
• 16:46
  morning on the record to get you to enter this plea?
• 16:48
  No, Sir. Are you making the plea of your
• 16:50
  own free choice? Yes, Sir.
• 16:52
  All right, now there is one more thing I can realize I I failed
• 16:57
  to mention to you. I know there was an extradition
• 17:00
  to help move you from Oklahoma out here to the great state of
• 17:04
  Michigan and probably what is the best time of year to be here
• 17:08
  and to probably be inside. But anyways, you could also be
• 17:12
  reassessed that cost for that extradition fee.
• 17:15
  Do you understand, Sir? All right, knowing all that, you
• 17:18
  still wish to enter the plea of guilty as we discussed, as to
• 17:22
  count one of the requested warrant for probation violation,
• 17:26
  which again asserts that you violate to condition one, not to
• 17:29
  violate any criminal law of any unit of government.
• 17:31
  And that specifically it's based upon a finding of guilt for a
• 17:35
  case of child neglect out in Oklahoma.
• 17:38
  How do you plead? And as to the count 4, again,
• 17:43
  violating the same rule or condition #1 not to violate any
• 17:46
  criminal law of any unit of government that one applies to,
• 17:51
  that you plead guilty for the possession of methamphetamine in
• 17:54
  Oklahoma. How do you plead guilty, Mr.
• 17:59
  Collins? First, the Court takes
• 18:01
  traditional notice of the terms and conditions of probation that
• 18:04
  are contained in this file and they were issued by my
• 18:09
  predecessor to the animal, Judge Glenn Baggerman, and was then
• 18:13
  subsequently signed and acknowledged by the defendant.
• 18:18
  Mr. Judge Baggerman signed it on October 29th of 2019.
• 18:22
  Mr. Collins signed, it looks like on exactly the same day,
• 18:28
  Sir. Is it true that back in hold on,
• 18:39
  I gotta find the right date and say back in Oklahoma on or about
• 18:44
  November 6th of 2020, you were convicted of a charge of child
• 18:49
  neglect the criminal statute. All right.
• 18:53
  And did you enter a plea to that or was it OK?
• 18:56
  Did it, how did you plea? All right, Sir, is it also true
• 19:00
  that subsequently on or about October 21st of 2020, you pled
• 19:07
  guilty to a charge of possession of methamphetamine a criminal, a
• 19:11
  criminal statute in Oklahoma and again you pled guilty in the mid
• 19:17
  to that. All right, Thank you.
• 19:19
  Mr. Burke. You believe he's provided on a
• 19:21
  factual basis? The people are satisfied, Judge.
• 19:24
  Yes. Thank you.
• 19:26
  Are you aware of any other promises throughout your
• 19:28
  inducements? None for the people, Your Honor.
• 19:30
  Thank you. So far, do you believe that I've
• 19:32
  complied with Court Rule 6.445 and the people are satisfied,
• 19:37
  Your Honor? Yes.
• 19:37
  Thank you. Thank you.
• 19:38
  Miss Vera Vento, do you agree with all three?
• 19:40
  Yes. Your Honor, the Court agrees as
• 19:42
  well. I find that the plea today has
• 19:44
  been made freely, duly and voluntarily.
• 19:47
  I further find that the testimony provided by the
• 19:49
  defendant Underoath on the record, in addition to the
• 19:53
  judicial notice of the terms and conditions of probation, that
• 19:56
  the defendant is guilty of Counts one and Count 2 on the
• 20:00
  two requests of warrant violations, Counts 2 and three
• 20:04
  are therefore dismissed. Mr. Stapleton, can we proceed
• 20:08
  with the sentencing? OK.
• 20:10
  Mr. Burke, any objection to that?
• 20:12
  No objection to your Honor. Thank you.
• 20:14
  This is Spirivental. Any objection?
• 20:29
  Keep in mind that if we did sentencing today, that means I'm
• 20:32
  not ordering an update, which means prison isn't going to
• 20:36
  happen. We would like to proceed forward
• 20:46
  with sentencing today, Your Honor.
• 20:47
  Great. Thank you.
• 20:48
  All right, Mr. Stapleton, let's go over your recommendation.
• 20:51
  Thank you, Your Honor. The defendant was originally
• 20:53
  sentenced October 28th, 2019 to a two year probation term.
• 21:00
  He had 150 days jail with 110 days credit.
• 21:05
  He was immediately transferred to Oklahoma, which is where the
• 21:08
  state was extradited from for this case of child support.
• 21:14
  He was supervised in Oklahoma. He was obviously violated
• 21:19
  probation on a couple different occasions, then absconded from
• 21:23
  probation supervision for a number of years.
• 21:28
  And here he is here. Before the court today.
• 21:32
  What are you my calculations? He has 127 days credit.
• 21:36
  That's the time that he was actually not good.
• 21:40
  Not good time, But no, not including good time.
• 21:43
  No. I'm sorry.
• 21:45
  That would be without. Yeah, sorry.
• 21:48
  Keep going. Let's stop talking to you and I
• 21:50
  You just keep going yourself. You're doing a better job than I
• 21:53
  anyway. If you want my recommendation
• 21:56
  that probation be revoked, the defendant be sentenced to a
• 22:00
  lengthy term of jail. All fines and costs.
• 22:03
  Preserved and as well as child support.
• 22:08
  There's also a restitution request from the state of
• 22:10
  Michigan for this recent extradition which is $4108.00
• 22:18
  even. That's it.
• 22:24
  That's it. Yes, Sir.
• 22:26
  Mr. Burke, on behalf of the People, Sir, allocution.
• 22:32
  So your Honor, the couple couple things I want to point out.
• 22:36
  The defendant's current arrearage as of as of this month
• 22:40
  is 64,000 32843. The good news is the defendant
• 22:47
  does not, does not have an ongoing support evaluation.
• 22:49
  So it's not growing, but it's still, it's still north of
• 22:51
  64,000. The as as the as Agents
• 22:57
  Doubleton indicated sentencing was on October 28th of 2019.
• 23:01
  Since that date, there's been one reported payment towards
• 23:06
  child support, which was $70 on February 6th of 2020.
• 23:12
  And that's it, no other payments.
• 23:14
  So before that the, the, the only the, the reported, the
• 23:18
  latest reported payment before that February of 2020 payment
• 23:20
  was in June of 2019 before the defendant even took a plea.
• 23:24
  So, so I mean, it's, it's, you know, naturally the, the idea of
• 23:29
  these cases is to have the defendant support his or her
• 23:35
  child or children. And the defendant took a plea
• 23:41
  back in September 2019, sentenced in October 2019.
• 23:45
  And he's made one payment since then, the amount of $70.
• 23:47
  And he's picked up two criminal convictions.
• 23:51
  The arrears is north of $64,000. As far as a sentence is
• 23:55
  concerned, Your Honor, I'll leave it to the court's
• 23:57
  discretion, but I wanted to make sure the court was aware of
• 23:59
  those, those figures and that and those that information.
• 24:06
  Thank you, Your Honor. My client would respect the
• 24:08
  request to be allowed the opportunity to try again or and
• 24:14
  he understands that some period of June might be necessary.
• 24:17
  But he has. Been working to improve things,
• 24:19
  he's reported to me, he's communicated with his wife.
• 24:22
  They have figured out a monthly. Budget and to.
• 24:24
  Begin making regular payments on these.
• 24:26
  Arrears. He reports that he had some job
• 24:30
  prospects and he was starting to kind of get things more stable
• 24:34
  and get back on his feet. Reports that while he didn't
• 24:37
  report formally, sometime in 2025 he started trying to make
• 24:40
  phone calls to find the right person in Michigan who he could
• 24:44
  then start making payments to, but he wasn't really sure.
• 24:47
  Where to go with who to talk to? He is remorseful.
• 24:52
  The court has sent a very clear message, being picked up and
• 24:55
  extradited, that this is not something that can be ran from,
• 24:59
  this is not something that can be avoided.
• 25:01
  This is something that needs to be tended to until all of this
• 25:05
  is taken care of. And if he was to run again, it
• 25:07
  would lead to more arrearage, it would lead to more extradition,
• 25:10
  it would simply make the situation worse.
• 25:14
  That. Raising your honor, we do
• 25:15
  respectfully request that he be allowed another opportunity of
• 25:18
  probation or that any additional time be kept as minimal as
• 25:22
  possible kept in county and that he be able to somehow get back
• 25:28
  to working as soon as. Possible.
• 25:29
  Thank. You all right, Mr. Collins?
• 25:32
  You have the right to make a statement.
• 25:33
  If you choose to do so, then you wish to say, and you may remain
• 25:37
  seated, that whatever is most comfortable.
• 25:39
  Corey. Yes.
• 25:39
  Ron I. Know I screwed.
• 25:41
  Up. I'm 60 years old.
• 25:44
  I don't. Want to live like this?
• 25:46
  What do you mean by that? Living like what?
• 25:49
  Running, hiding on your last PSI.
• 25:54
  You had a job and that's why you moved to Oklahoma.
• 25:57
  You had met your wife in Texas. I got I got a new life, a new
• 26:00
  wife. Yes, the wife I had before is
• 26:02
  the reason I got the meth charge.
• 26:03
  So I got. A new wife.
• 26:04
  There. OK, I've been divorced, married
• 26:06
  since then. All right.
• 26:08
  So what have you been doing? Yeah, what have you been doing?
• 26:11
  You you also had a child. Out.
• 26:13
  Let's do it this way. You also had a child out.
• 26:16
  All right, now you have a new grandchild.
• 26:18
  OK. All right.
• 26:23
  So what else you been doing? Are you working?
• 26:25
  Tell me about your work. Last time you were working as a
• 26:28
  fry club someplace. Sonic Yes, OK.
• 26:32
  All right. And.
• 26:34
  After that I went to. I started.
• 26:36
  Working as a. Maintenance guy in a mobile home
• 26:39
  place, RV place all right and I was basically working for my
• 26:42
  rent then OK and that's why I got that's when I got.
• 26:47
  Picked up at. How long you been married?
• 26:50
  This next time we got married in the 21st.
• 26:54
  On 2021. August 16th, 2021.
• 27:05
  Anything else, Sir? I'm sorry.
• 27:14
  You don't even say sorry to me. This is.
• 27:16
  I understand. Yeah.
• 27:17
  I'm just the judge. I just sit here.
• 27:18
  It's. Doing your.
• 27:20
  Job 5. Days a week.
• 27:21
  And I wasn't even the judge when the case began.
• 27:29
  All right, Well, this is certainly.
• 27:33
  Let's be quite here. I don't know what the defendants
• 27:38
  criminal history has been since other than the two charges we've
• 27:43
  talked about. So it's criminal history was
• 27:45
  actually relatively low, at least back in 2019.
• 27:51
  There was only a string of some misdemeanors.
• 28:07
  See, in 2000, nine, there was a meth conviction.
• 28:17
  Looks like that may have been in.
• 28:18
  I don't know which county that was in.
• 28:24
  That was in Cook County, Texas. You're on.
• 28:26
  Yeah, there we go. That's here.
• 28:28
  We also had another case out in Cook County, Texas at 95.
• 28:36
  Under. The influence of 95 and clearly
• 28:39
  all those with if he were being sentenced today, it was well
• 28:44
  actually no, there would not be a 10 year gap, but still.
• 28:48
  All right. Well, the big problem here is,
• 28:51
  Mr. Collins, you haven't made any real effort to make these
• 28:54
  payments. And it's really easy.
• 28:57
  And I'm not trying to pick on the attorney, but it's very easy
• 29:00
  for me to pick up, pick on some of the things she said, why
• 29:07
  we've had no progress and not knowing how to change and find
• 29:11
  phone numbers and what to do. Mr. Stapleton was the probation
• 29:16
  officer when this case was sentenced.
• 29:19
  Mr. Stapleton, you've worked at that in the same office, the
• 29:23
  same physical spot in this building.
• 29:25
  For how long? Nine years you.
• 29:28
  Are consistently You didn't disappear for a year and go
• 29:30
  someplace. No, you are.
• 29:32
  No, you have the same phone numbers.
• 29:34
  You have the same office space. Yeah, you didn't try hard
• 29:39
  enough. Plus, this courthouse has been
• 29:42
  here for 111 years. And while I'm sure it didn't
• 29:46
  have the same phone number 111 years ago, we still have the
• 29:50
  same courtroom, the same phone numbers, my predecessor and sat
• 29:56
  in the same office. Phone numbers for the courthouse
• 30:00
  haven't changed in decades. So.
• 30:04
  Yeah, you didn't make any effort to make these payments and you
• 30:08
  don't need to apologize to me. I'm not the child who didn't get
• 30:12
  the $64,000 or the spouse who did not get the $64,000.
• 30:19
  So plus, there was a word that you stated that completely
• 30:23
  contradicted your attorney. I don't want to live like this
• 30:28
  because I no longer want to be on the run, contradicts Miss
• 30:34
  your eventual statement that you were trying to find the right
• 30:38
  phone number. Of course, on the Internet I.
• 30:42
  Was trying to find the. Attorney General, I found it.
• 30:46
  I was waiting on a case number. Well, all you need to do is call
• 30:50
  this court and call your probation officer.
• 30:54
  Yeah, that's the person you should have been talking to.
• 30:56
  Why? Because my predecessor told you
• 30:58
  to keep talking to that guy, but you stopped communicating with
• 31:02
  that guy 5-6 years ago, so no. So now we're at a point the
• 31:08
  child is well over the age of 18.
• 31:11
  You haven't made any payments. 60 years of age.
• 31:15
  Yeah. Yeah, I see.
• 31:16
  You haven't made any. Yep.
• 31:17
  I know. There was, like, one payment
• 31:19
  made and it cost the government $4100 to bring you from the
• 31:24
  great state of Oklahoma. Haven't been stationed at Fort
• 31:28
  Sill, I can tell you that. The word rages in parentheses.
• 31:32
  Especially in June and July. But anyways, August, June.
• 31:36
  Yeah, August. So anyways, the sentence of the
• 31:41
  court is as follows. The court terminates the
• 31:46
  probation without improvement. The court preserves all fines
• 31:51
  and costs, plus the court needs to add to that Samantha $4108.00
• 31:58
  for extradition fees. That's payable to the State of
• 32:02
  Michigan. And then As for a period of
• 32:06
  sentence, well, the court looks here at the previous guideline
• 32:10
  range, which was zero to 9 months, which we know is an
• 32:13
  intermediate sanction cell. And the court to be able to give
• 32:17
  any period of confinement, even though a confinement was given
• 32:20
  by Judge Staggerman back before there were the changes in the
• 32:23
  law defining what can be done for intermediate sanctions.
• 32:27
  The Court also finds that there are reasonable grounds based
• 32:30
  upon the continued failure to pay.
• 32:34
  They want to comply with probation committing new
• 32:38
  criminal activity. Therefore, the Court finds
• 32:41
  reasonable grounds and that the reasonable proportion of
• 32:44
  sentence will be that the defendant is sentenced to a
• 32:49
  period of jail in the Westwood County Jail for 365 days with
• 32:55
  127 days of credit. The Court considers that while I
• 33:02
  do recognize that this is about a dependent who may or may not
• 33:05
  have been able to pay, but it sounds like he's had jobs and so
• 33:10
  he's been had some ability to make some payments.
• 33:13
  But even more importantly, the court considers occurrence.
• 33:17
  We get a lot of child support cases here, and the Attorney
• 33:20
  General's office and the Public Defender's office do pretty good
• 33:23
  jobs making opportunities available for people to get
• 33:27
  reduced charges. And so the deterrence has to be
• 33:32
  here. And that greatly hope outweighs
• 33:36
  allowing time for pain. The message needs to be sent by
• 33:40
  this court. If you are unable to engage in
• 33:44
  sexual penetration and produce a child, you need to be able to
• 33:50
  pay care of that child. That's a sentence of the court.
• 33:53
  Any questions? Mr. Burke here.
• 33:57
  Are you indicating that all costs and fines or fees are are
• 34:00
  preserved? Does that include restitution?
• 34:02
  I did. Including restitution for us.
• 34:05
  OK, Samantha, I need 2 appellate forms, please.
• 34:11
  And then Rihanna, do you need that number again?
• 34:13
  The, the, the, the balance 64? Yeah.
• 34:17
  Hold on, Samantha. Write this down.
• 34:19
  The arrears are $64,328.43. Did I get that correct, Mr.
• 34:28
  Burke? That's correct.
• 34:29
  And that's, that's in addition to the extradition cost of the
• 34:33
  41 O 8. Thank you, your Honor.
• 34:35
  All right, Samantha, once you grab those two forms, you can
• 34:40
  take a moment while you're doing that, Mister Steffleton, here is
• 34:43
  the old PSI. I'm returning it back to you.
• 35:14
  You have it over there. Yeah, in the dark wheel, so.
• 35:18
  OK, Mr. Burke, Samantha's computer
• 35:35
  spinning around. Therefore, I'm going to direct
• 35:38
  you if you could please pick your favorite song from Sesame
• 35:42
  Street and sing it for us. Ready.
• 35:46
  You want me to do that, Your Honor?
• 35:48
  No, not really. I don't want to.
• 35:49
  I don't want to offend anybody. I know.
• 35:51
  I appreciate that one moment. All right.
• 35:56
  Mr. Collins, Miss Samantha is going to bring to you and
• 35:59
  provide to you through your attorney 2 copies of 1 document.
• 36:03
  You are to place your initials on the first copy.
• 36:06
  Doing so neither elects nor waives in your rights.
• 36:08
  It merely acknowledges your receipt of the other copy of the
• 36:11
  same document, which we'll take with you.
• 36:14
  Now, this document tells you that you have the right to
• 36:16
  appeal the condition and sentence in your case, and then
• 36:19
  it's typically done by filing a claim of right to appeal.
• 36:22
  However, based upon the pleas in this case, any appeal is done by
• 36:26
  filing an application for leave to appeal.
• 36:29
  If you choose to file an application for leave to appeal
• 36:32
  and you want support to appoint an attorney to assist you, you
• 36:35
  may complete the bottom half of the copy that you're going to
• 36:37
  take with you and return it to the court within 42 days.
• 36:43
  Thank you very much. We are adjourned.
• 36:47
  Thank you very much, and Mr. Stubbleman, thank you.
• 36:49
  And Mr. Parrett, Michael, thank you.
• 36:51
  Have a good weekend. So I am totally in agreement
• 36:54
  that if you have child support, you should pay it.
• 36:57
  But I've said it before and I'll say it again, I also think it
• 37:00
  should be 100% incumbent and required honestly on the part of
• 37:07
  the custodial parent to account for how that money is spent.
• 37:10
  And there is no jurisdiction that I am aware of where the
• 37:13
  custodial parent is held accountable.
• 37:15
  And I think that is a travesty of justice.
• 37:19
  I don't know if that applies in this case or not, but I think it
• 37:21
  should happen anyways. Good morning once again,
• 37:23
  everybody. TCF live on a Super Friday.
• 37:26
  Speaking of Super Friday, our super chat goal today, if we hit
• 37:29
  10 Super chats on Monday during the 4th hour, we will do a photo
• 37:32
  show with the pets of TCF. That includes yours as well if
• 37:36
  you send me photos. So let's try to hit that goal
• 37:39
  today because I'd love to do that.
• 37:41
  Speaking of which, Tim, thank you for your gifted membership.
• 37:44
  Lindsay, thank you for gifting 10.
• 37:46
  Ashley, thank you for gifting 5 and Grandma TCF, thank you for
• 37:50
  your $10 super chat. I appreciate all of you.
• 37:52
  Thank you so much. Let's go to Huron County,
• 37:56
  Michigan, Judge Prill. So this is the case of Brittany
• 38:01
  versus Carrie. So we've got 2 ladies going at
• 38:05
  each other about something. Let's see what this is all
• 38:08
  about. Bazan, file number 26208178, pH.
• 38:16
  This is the petitioner, Miss Woodright's motion to seek a
• 38:20
  personal protection order. She's in the courtroom.
• 38:22
  She's in pro SE Miss Bazan also appears in the courtroom.
• 38:26
  She's also in pro SE. Would you both please raise your
• 38:29
  right hands? Do you solemnly swear or affirm
• 38:32
  that the testimony you're about to give in this case is the
• 38:34
  truth, the whole truth, Nothing but the truth.
• 38:35
  So help again, yes. Thank you.
• 38:39
  For purposes of history in this matter, Miss Woodright filed an
• 38:43
  ex parte motion seeking a personal protection order
• 38:47
  against the respondent. That was on March 16, 2026.
• 38:53
  The court reviewed that petition the very same day and issued an
• 39:00
  order the very same day. Denied the petition for personal
• 39:04
  protection order, stating that the petition is not clear
• 39:07
  relative to two alleged unconsent contacts when it
• 39:11
  appears some of the allegations involved petitioners minor
• 39:13
  children. Petitioner may request a hearing
• 39:16
  if she wishes to, with notice to the respondent.
• 39:19
  It is the petitioner's burden to seek a personal protection order
• 39:23
  by preponderance of the evidence and so the burden rests with
• 39:27
  you. Miss, what is the reason you're
• 39:29
  requesting a personal protection order?
• 39:31
  Your Honor, it has been an ongoing situation that the
• 39:37
  respondent has been using spurs against my disability.
• 39:44
  She has been screaming and cursing for children playing in
• 39:48
  a Commons area upstairs in our own level apartment.
• 39:52
  She has come out and produced a cell phone and recorded myself
• 39:57
  and my children while she has blocked off the entrance.
• 40:02
  I am the stairwell that is the only entrance and exit in the
• 40:05
  building. While she proceeded to insult me
• 40:09
  and use discriminating comments and then she then proceeded to
• 40:14
  return to her home. When I made a police report that
• 40:18
  same day, it is in the massive stack of evidence.
• 40:25
  She continues to post on her social media in regards to
• 40:29
  myself, my mental health, my disability, my whereabouts, my
• 40:33
  insurance, my outs when I'm doing something, even carrying
• 40:37
  my child up the stairs saying I'm not disabled enough to be
• 40:40
  doing that. It is insulting to myself, It is
• 40:45
  insulting to my children to be mentioned on her personal public
• 40:48
  Facebook page. And she has even gone as far as
• 40:54
  unfortunately going to the Police Department and telling
• 40:58
  them words that did not get said and using an image that she had
• 41:03
  requested over a year ago or six months ago in lieu of it being
• 41:11
  where I was at, at the bus stop waiting for my children.
• 41:14
  And I had seen this evening chief's wife.
• 41:18
  She had then made derogatory remarks against me, of course
• 41:23
  the chief's wife, which then caused a stir with me and the
• 41:27
  chief of police. It caused an emotional distress
• 41:30
  causing. So she allegedly made statements
• 41:33
  about the chief's wife that made a problem with you.
• 41:36
  She said it was me. She said I said something in the
• 41:42
  matters of his wife reporting for booty duty at somebody's
• 41:46
  house and that was not said. And it was a vague picture to
• 41:51
  show where where the house was because I said she said which
• 41:55
  house is it? And I sent a big picture.
• 41:59
  And this was over six months ago.
• 42:01
  And the chief then responded in upset.
• 42:04
  And that is understandable. But it caused me grave emotional
• 42:08
  distress, which caused anxiety, hyperventilation to the point of
• 42:13
  being extremely ill, to the point of almost blacking out and
• 42:17
  needing emergency service from my caretaker.
• 42:20
  And I was on bed rest for the rest of the day.
• 42:23
  So, I mean, I, I, I reviewed the initial items you had submitted
• 42:32
  to the court for the determination whether to issue
• 42:35
  an ex parte personal protection order.
• 42:38
  And and then in this motion, I mean they're just pages, pages
• 42:52
  and then comments. I mean that that.
• 42:55
  I apologize for the comments. Well, it it, it's it's it.
• 42:58
  It's impossible for the court to understand what this is about.
• 43:03
  Now mind you, I don't know if this is hearsay or I have no
• 43:06
  idea, but I need to have first hand observations by you to
• 43:10
  indicate 2 or more unconsented alleged stalking type of
• 43:17
  situations which would warrant a personal protection order.
• 43:21
  But your personal your, your original request was from you
• 43:26
  even mentioned over six months ago, correct?
• 43:29
  No, your honor, this is really confusing.
• 43:33
  And I, I had hoped that we had gone last because it's, it's a
• 43:36
  lot. And I I know you like short and
• 43:38
  sweet, but. There's no.
• 43:40
  There's no short excuse me this. This short and sweet?
• 43:44
  Oh no. If you wanted to see short and
• 43:47
  sweet, you should have seen my predecessor, whom I highly
• 43:50
  respect, my predecessor, the Honorable M Richard Knoblock.
• 43:56
  It, it would be more than quick. I allow, and I'm not saying he
• 43:59
  never did, but I allow the parties the opportunity to speak
• 44:03
  and I even asked them again, is there anything else?
• 44:06
  I do that for a reason, because you are entitled to have a
• 44:08
  hearing and to bring all this information out.
• 44:12
  But I I take umbrage with that statement that the court short
• 44:14
  and sweet, that's not how we worked.
• 44:16
  I meant that and no disrespect. And I'll and I'll, I'm not
• 44:19
  taking it that way, but I want to make sure you understand
• 44:22
  that's where we stand here. There's but.
• 44:25
  But I do recall though in your request originally you reference
• 44:38
  June 2025. Yes, that is when this whole
• 44:43
  matter had started. The end of our friendship, Your
• 44:46
  Honor. Oh.
• 44:47
  There's OK, there's a friendship.
• 44:48
  There was a prior friendship. OK, OK, that's fine.
• 44:51
  That is, that is all I wanted to get the whole truth and nothing
• 44:55
  but what happened. I then I have a timeline and it
• 45:00
  is an outstanding 10 pages long and it is just a lot of her
• 45:06
  posting on social media in correlation to what she has
• 45:11
  never brought to me personally without screaming and cursing at
• 45:15
  my children first are. Are you alleging it slanderous?
• 45:19
  I am. I am.
• 45:20
  I am. There are other causes of action
• 45:23
  which I can't get into, but how does that apply toward a
• 45:29
  personal protection order regarding stalking?
• 45:33
  Your Honor, she has mentioned and it is,
• 45:48
  my apologies. I just store it right here.
• 46:06
  And read it from her uncles. Again, I apologize for the delay
• 46:40
  in. I am quoting her own personal
• 46:53
  Facebook page. She makes a comment that she
• 46:57
  simply said someone who claims to have PTSD sure causes a lot
• 47:01
  of stress and everyone to everyone in the building.
• 47:04
  If she would stay out of the hallway and stop yelling at
• 47:07
  everyone or allowing her children to play board games in
• 47:10
  the hallway, there would be less noise and there would be no
• 47:12
  complaints as it is listed in our lease that a Commons area is
• 47:17
  not a playground. If she claims to have such a
• 47:19
  disability, she can sure climb stairs, stand in the hallway
• 47:23
  making up her own stories and speaking Spanish off of of the
• 47:26
  top of her railing to us. I watched her carry groceries up
• 47:30
  the stairs. I watched her carry a baby up
• 47:32
  the stairs. She claims that she's been in
• 47:34
  bed. She claims that her doctor told
• 47:37
  her my stress is causing her complications.
• 47:40
  There is no need for someone to be watching the insurance and
• 47:43
  outs of anybody who is coming into the building, especially
• 47:49
  when making derogatory statements about someone's
• 47:52
  disability to tell me or tell her whole Facebook that she is
• 47:56
  watching me go up my stairs, go down my stairs carrying my
• 48:01
  child. And I'm not.
• 48:03
  I'm not. Trying to be cute or coy with
• 48:05
  this, but does it ever mention your name?
• 48:08
  She posts my personal Facebook page that has my name on her
• 48:11
  Facebook. No, I asked whether or not these
• 48:13
  posts list your name on it. No, but I am the upstairs
• 48:18
  neighbor that she insinuates Sir, because she says in her
• 48:23
  Facebook as well that every other neighbor in our building
• 48:26
  is cool and it's just her and she only yells at my children
• 48:32
  and only causes issues and disturbance between me even if
• 48:36
  everybody else is out of their apartment with us.
• 48:39
  So I clearly noticed Chief Repke is here, Chief of Police, C Wing
• 48:44
  Police Department. I'm assuming you've called him
• 48:47
  regarding these allegations, correct?
• 48:49
  He first came towards me with no.
• 48:52
  No, I, I asked a question. Did did have you called him
• 48:55
  regarding these allegations? I have not called him.
• 48:58
  Why not? I have called sebeling police
• 49:01
  but not him personal. Oh, I'm sorry.
• 49:04
  Well, my, my question was too specific then.
• 49:07
  Did you call law enforcement complaining of these
• 49:09
  allegations? I certainly did, Sir, And then
• 49:12
  they. And was was the Sebeling Police
• 49:15
  Department stand out? The Sebeling Police Department
• 49:19
  had made a call towards me and said just make a note of it if
• 49:24
  you have a notebook. Did you reach out because it
• 49:29
  appears that and I'm looking at one of your pages here.
• 49:35
  This was a complaint form to the apartment complex and it
• 49:40
  references Sheriff's Department. The tenant of a nine was served
• 49:47
  PPO paperwork by the Huron County Sheriff's Department.
• 49:51
  So has the Sheriff's Department been involved as well?
• 49:53
  Yes, he doctor, not doctor. Deputy Loss had served her the
• 49:58
  hearing paperwork. I see.
• 50:03
  So this is as of March 23rd, correct?
• 50:08
  Correct. OK.
• 50:11
  Anything else you want to bring up?
• 50:14
  I believe it is discriminating against my disability that she
• 50:18
  uses her personal Facebook to make an appearance of myself.
• 50:22
  That is not valid. It is falsified information.
• 50:26
  She has used the police against me in saying that I make false
• 50:31
  reports, which I have only made reports against her.
• 50:35
  The fact that she is talking about my children literally
• 50:40
  every day and she claims that she is making monetization more
• 50:45
  more money on the drama here and this is my personal life.
• 50:50
  This is this is my disability. She has no right to say I am not
• 50:56
  disabled enough for her own and then post it on Facebook.
• 51:00
  Having people weaponize themselves and claim to say they
• 51:04
  can come to my town of Seboing and open a can of whoop ass
• 51:08
  against me. I have done nothing against this
• 51:13
  person except for tell her to shut her mouth, stop screaming,
• 51:18
  stop cursing, come up and talk to the parents.
• 51:23
  There was no Spanish, I don't speak Spanish.
• 51:26
  She is making false claims against me.
• 51:29
  She even has people of sebowing that have businesses comment
• 51:35
  about my mental health and how I am a psycho bitch and that is
• 51:39
  unacceptable do. You have any other witnesses you
• 51:44
  intend to call? Not present, but I do have an
• 51:50
  exhibit if and. What is your proposed exhibit?
• 51:53
  It is her final message to the world about how she can continue
• 51:59
  to post whatever she wants on Facebook.
• 52:01
  Because it's her Facebook. And it doesn't matter who she
• 52:04
  posts about because she's allowed to do what she wants.
• 52:08
  Even if it is harassment. Even if it is saying she can
• 52:11
  stalk me and know my insurance and outs and that she deserves a
• 52:17
  peaceful environment, yet so do I.
• 52:19
  I. I deserve to have a space
• 52:22
  knowing that I lived there for four years.
• 52:26
  She still moved in. She claims that I have been
• 52:30
  intimidating her and then she claims against that saying that
• 52:34
  she's been ignoring me. I honestly forgot she lived
• 52:39
  there until these issues arise Sir.
• 52:41
  OK. Hold on to that.
• 52:44
  I'd like to hear from the respondent.
• 52:45
  Miss, how do you respond all? I'm I'm here today because
• 52:55
  Brittany is my neighbor and we used to have a friendship.
• 52:59
  Our friendship ended in June of last year.
• 53:04
  I have made no physical contact with her besides a brief verbal
• 53:08
  altercation in the hallway about her kids being loud.
• 53:11
  I've lived in this apartment complex for over six months.
• 53:14
  I've never interacted with her. I went on with my life since
• 53:18
  June of last year. I've gotten pictures put on my
• 53:23
  door of me coming into my apartment with her own contents.
• 53:30
  I made police reports. I also the village police.
• 53:37
  Department, yes. And I've only made one police
• 53:41
  report. And the last six months that
• 53:44
  since our friendship has ended, there's only one police report
• 53:47
  and that's since I've lived. And that's when it started in
• 53:50
  March. I think it might have been out
• 53:51
  of February. Beginning of March, we stopped
• 53:58
  being friends because Brittany was complaining about other
• 54:02
  neighbors. I have a lot of personal
• 54:05
  messages between me and her about those neighbors and I also
• 54:13
  have messages of pictures of those neighbors that she took in
• 54:16
  public places. I also have messages about
• 54:21
  saying she's going to pick the neighbor's teeth in.
• 54:25
  I also have messages from Brittany how she's upset because
• 54:32
  she didn't like the way that the village police was handling her
• 54:35
  complaints, which I also have a copy of.
• 54:39
  Nine additional incidents for the Seedling Police Department
• 54:42
  responded to complaints from Misses Wrightwood, which didn't
• 54:46
  result in a report being filed. They were documented in their
• 54:50
  daily logs. There's only one police report
• 54:53
  made against me if I've been harassing her as she states in
• 54:56
  her petition for over a year. Also with threats of saying that
• 55:03
  my boyfriend flashed A firearm, firearm concerns that I have a
• 55:09
  pattern of habitual harassment. I called the police because I
• 55:13
  didn't know what to do about it. We had a brief verbal
• 55:16
  altercation in the hallway about her kids being loud and since
• 55:22
  then she has fixated and pivoted her harassment towards me
• 55:28
  because I showed the chief of police all their personal
• 55:31
  messages, even the ones regarding to he's not doing his
• 55:35
  police duty, he must not be doing his duty duty and sent me
• 55:39
  a picture of their personal vehicle at someone's house in
• 55:43
  the community I didn't know. Whose house it was?
• 55:47
  I sent all that information over to the chief of police himself
• 55:51
  so he could review it in his defense.
• 55:56
  He confronted her and questioned her about it.
• 55:59
  That's his right to do. Why did you take these pictures?
• 56:02
  He questioned her. I think there might have been a
• 56:05
  post that he made on his personal page about it because
• 56:08
  it's really concerning. Behaved no names.
• 56:11
  Who took the picture, who sent in the picture?
• 56:14
  And since then, Brittany has filed so many complaints to the
• 56:20
  housing department and these didn't start until 3:15, which
• 56:25
  was the day of the incident. She's been retaliating
• 56:29
  harassment against me because I'm sure she's probably
• 56:32
  embarrassed about her behavior. Integrity means a lot to me.
• 56:38
  I've been in this community for five years.
• 56:40
  I lived down the street from Brittany.
• 56:42
  Even after we weren't friends, we went our separate ways.
• 56:45
  I didn't want to be friends with her anymore.
• 56:47
  She didn't want to be friends with me because the chief of
• 56:49
  police had those messages, was on my personal Facebook page and
• 56:55
  she unfriended me and I quote. This is the last time I've ever
• 57:02
  contacted her on social media and this is June 9th, 2025.
• 57:08
  If you didn't want me to talk to him anymore, that's kind of an
• 57:11
  odd request. It's not OK for what he did.
• 57:15
  Meaning I'm acknowledging her feelings because I'm an
• 57:17
  empathic. I have empathy for other people.
• 57:21
  Life goes on and I won't sit and be mad every day about it.
• 57:24
  Push me out that's fine I don't trust people anymore either.
• 57:28
  Instead of coming to tell me you're upset you unfriend me.
• 57:30
  That's not fair that's your choice.
• 57:32
  Sorry I bothered you, you were my only friend here.
• 57:36
  She said exactly life goes on. I said please leave me alone I
• 57:40
  didn't do anything wrong and she puts laugh out loud you're
• 57:43
  something else. She then texted my boyfriend and
• 57:52
  said grow the F up, you've got to throw your two cents and
• 57:56
  another platform. I responded, which I shouldn't
• 58:01
  have. This was June of last year.
• 58:03
  By the way, your honor, I said, now you're texting Alex's phone.
• 58:07
  Don't harass me and get obsessed over a situation that you've
• 58:11
  created in your head. I didn't do anything wrong, but
• 58:14
  tag a cop and a funny post and you've all been on the shape.
• 58:19
  It was a funny TikTok trend that I tagged Chief's personal
• 58:23
  Facebook and and she was offended by it.
• 58:28
  She made me here, under me, I. I I just want to interrupt here
• 58:31
  for a second. The petitioner's alleging that
• 58:34
  you're posting all this on Facebook about disability and
• 58:38
  all this stuff. How?
• 58:39
  Do you respond? To that, no.
• 58:41
  I have personal messages between me and Brittany that was
• 58:44
  included into housing complaints that she was filing disability
• 58:51
  discrimination, and that was my defense.
• 58:55
  So you're denying posting anything on Facebook?
• 58:59
  There is 4 inches thick. I went through some of it.
• 59:02
  It's very emotional distressing to see her own responses to
• 59:06
  things that are not even regards to her.
• 59:09
  I have a lot of neighbors. Some of my posts they might have
• 59:13
  been about her but it's nothing threatening.
• 59:15
  I have had Facebook for 16 years, the same account.
• 59:20
  I've blocked her. I've changed my name, my profile
• 59:23
  picture, my cover photo, my my location and she's documented
• 59:27
  all of that. I don't know how she's seen my
• 59:30
  page. I've tried to block her from it
• 59:33
  but then she puts it on my door. Even after she filed the PTO she
• 59:38
  continued to put stuff on my door as new evidence.
• 59:42
  She's taking pictures of me exiting and leaving my apartment
• 59:46
  complex and put it on my door insinuating I called her a
• 59:51
  psychopath and a pussy. Excuse my language I don't even
• 59:54
  like talking about but ever since I learned the chief of
• 59:59
  police about her behavior her harassment escalated.
• 1:00:02
  OK, and I I. I think.
• 1:00:06
  I think I've heard enough. I'm sorry, no.
• 1:00:08
  No, no, no disrespect, Port SU Espante calls Chief Repke.
• 1:00:13
  Chief, would you please step up to the witness?
• 1:00:35
  You solemnly swear or affirm that the testimony are about
• 1:00:38
  giving this case is. The truth, the whole truth.
• 1:00:40
  Nothing but the truth, so hope. Again, I do, Sir.
• 1:00:47
  Please be seated. Thank you.
• 1:00:47
  You please state. Your name for the record?
• 1:00:49
  Stephen Repke. Last name spelled Rep as in Paul
• 1:00:52
  Kie. Your employment, Sir.
• 1:00:55
  I am the chief of. Police in the village of
• 1:00:56
  Seabourne How? Many years so employed.
• 1:00:59
  As the chief here for. How many years of law
• 1:01:02
  enforcement? 40.
• 1:01:04
  In your duty as Chief of Police Sea Point, are you as a part of
• 1:01:12
  your your overall duties to address complaints that may be
• 1:01:16
  filed by residents or anyone within the village of Sea Point?
• 1:01:19
  That is correct, Sir. And have you had the opportunity
• 1:01:24
  to hear what has been stated so far in the courtroom regarding
• 1:01:28
  what appears to be a dispute between neighbors within an
• 1:01:32
  apartment complex? I have OK.
• 1:01:35
  How many times have you gone out to either residence since June
• 1:01:40
  of 2025 pertaining to issues between neighbors?
• 1:01:45
  Necessarily not gone out to responded to telephone calls and
• 1:01:50
  contacts with the Police Department.
• 1:01:51
  I would say countless. Countless.
• 1:01:54
  Countless I would 15 to 20 of calls I've taken in regards to
• 1:02:02
  complaints about the rules being violated in that apartment
• 1:02:05
  complex. When you have received these
• 1:02:09
  calls. And it's not just me, Your
• 1:02:11
  Honor, It's my officers, too. Sure.
• 1:02:15
  So at least 15 to 20. But I could just off the top of
• 1:02:19
  my head. Oh Sir, but there you're stating
• 1:02:21
  there could be more. Yes, Sir.
• 1:02:23
  That the other officers may have taken a phone call and didn't
• 1:02:26
  find that it was. It's grown tiresome.
• 1:02:30
  All right. And is it fair to say that when
• 1:02:33
  law enforcement receives a telephone call, whether it be
• 1:02:36
  through, well, typically through dispatch, you have a duty to
• 1:02:40
  follow through with it? Right.
• 1:02:42
  And are there occasions where phone calls may come in that may
• 1:02:45
  not go through dispatch, for instance, that you would or your
• 1:02:49
  department may address on the phone and that would be the end
• 1:02:52
  of it? As advice on my yes Sir, sure.
• 1:02:55
  And is that part of what has been happening here, Sir?
• 1:02:59
  What are the complaints regarding?
• 1:03:02
  Overall. Noise in the hallway, noise from
• 1:03:05
  other apartments, kids riding their bikes in the parking lot
• 1:03:08
  getting too close to vehicles, parking, complaints about people
• 1:03:12
  parking in their parking spots, things like that.
• 1:03:16
  And does this particular apartment complex have a
• 1:03:19
  manager? Currently I'm not sure.
• 1:03:22
  Then they did have a part time manager.
• 1:03:26
  And typically are those matters addressed through the apartment
• 1:03:29
  complex. That is been our advice that
• 1:03:31
  would have to be addressed through the apartment complex.
• 1:03:33
  So anything that you've received complaint wise from June 2025 to
• 1:03:39
  present that would be alleged criminal activity by either of
• 1:03:43
  these parties, none. So, seeing the eyes and ears of
• 1:03:56
  of the village of Seaboin. Bottom line, what?
• 1:04:00
  What's going on? It occurred before June too.
• 1:04:05
  There was other neighbors that would make complaints, Miss
• 1:04:09
  Wood, right? And there's others that have
• 1:04:14
  moved. It's been kind of a constant
• 1:04:17
  thing. I've and then it seems to have
• 1:04:20
  ramped up since June, and then it really ramped up once Miss
• 1:04:24
  Bazan made me aware that pictures were being taken of my
• 1:04:28
  wife's personal vehicle and forwarded to other people in
• 1:04:34
  town. Is that concerning?
• 1:04:38
  That was very concerning, Your Honor.
• 1:04:40
  So concerning that I made my officers aware of the incident
• 1:04:45
  and I also made friends and family aware of the incident.
• 1:04:50
  My son reacted. It was my son's house that the
• 1:04:54
  pictures were actually taking, taken at, where we often take
• 1:04:58
  care of our two year old grandbaby that has a very rare
• 1:05:03
  disease, one that they really can't even put their fingers on.
• 1:05:07
  And my wife's off and over there.
• 1:05:09
  So it touched the nerve. Especially when my wife, who is
• 1:05:13
  a labor and delivery nurse and has dedicated her life to
• 1:05:17
  helping others, is accused of being on a booty call.
• 1:05:20
  I was highly offended. Now regardless of and yet I'm
• 1:05:26
  not trying to. No, Sir, I understand.
• 1:05:29
  But does that have anything to do with how the department
• 1:05:34
  investigates any phone calls coming into your office
• 1:05:37
  regarding speech between? Neighbors.
• 1:05:39
  Absolutely not. It seems to have ramped up since
• 1:05:45
  then to the point that we actually received a complaint by
• 1:05:51
  a Child Protective Services making allegations against Miss
• 1:05:57
  Bazan and her boyfriend that about a handgun being waived and
• 1:06:02
  things like that, which was never reported to the Police
• 1:06:07
  Department, but it was felt that it should be reported to CPS.
• 1:06:12
  I just feel that this is become a retaliatory thing against Miss
• 1:06:16
  Bazan. Miss Woodright, do you have any
• 1:06:23
  questions of the Chief? I just know, your Honor, that.
• 1:06:28
  No, I just questions. Do you have any questions?
• 1:06:31
  Miss Bazan had contacted Chief after she had threatened me and
• 1:06:38
  I had made a report and I know. Is that is that your question?
• 1:06:43
  Yes, I would like to know. Please raise the form of a
• 1:06:46
  question. Did Miss Bazan make a report and
• 1:06:49
  then or after I made a report contact you in regards to
• 1:06:53
  something that was about 6 months ago and then that's what
• 1:06:57
  caused the concern and stir up between you and I?
• 1:07:01
  Miss Bazan did. I had an officer follow up on a
• 1:07:05
  report that Miss Wood Wright had made.
• 1:07:09
  Miss Bazan had come in on a weekend when I wasn't working
• 1:07:13
  and the officer was able to follow up on the allegations,
• 1:07:17
  and then Miss Bazan did contact me after that.
• 1:07:19
  I'm very transparent in my community.
• 1:07:23
  If people want to friend me on Facebook, I very seldom turn it
• 1:07:27
  down. I've actually known Miss Bazan
• 1:07:29
  and her fiance since they were teenagers for my time in Caro,
• 1:07:34
  your honor. Next question.
• 1:07:37
  Would that include a personal relationship that would
• 1:07:43
  insinuate more of a belief system that the accuracy of what
• 1:07:48
  was told and shown to you against me?
• 1:07:51
  Sir, would you please say that again?
• 1:07:56
  The imaging and communication that allegedly happened between
• 1:08:02
  myself and Miss Bazan. Would your personal relationship
• 1:08:06
  between you and Missus Bazan have a greater concern for more
• 1:08:11
  of a belief that this is accurate and true communication
• 1:08:16
  that she and I had? Not necessarily.
• 1:08:19
  I was concerned about the fact that my family was brought into
• 1:08:25
  the matter and the pictures were being taken of my family members
• 1:08:30
  within the community. I felt that it was a potentially
• 1:08:34
  dangerous and troubling situation.
• 1:08:37
  So I weigh relationship any deeper or heavier with the
• 1:08:45
  Bazan's and the Davises. I would say no.
• 1:08:51
  I try to weigh out everything as equal as possible, approach
• 1:08:55
  everything as impartially as I can.
• 1:08:59
  However, was I very concerned? Absolutely, your actions by
• 1:09:04
  taking the pictures of my family within the community I found
• 1:09:08
  extremely troubling. I take it as a threat.
• 1:09:11
  To my family, any. Other questions?
• 1:09:16
  And was there clarification made between yourself and myself of
• 1:09:21
  what had happened over social media after?
• 1:09:24
  I accepted your apology, but that doesn't mean that I still
• 1:09:31
  do not find your actions extremely troubling and it is
• 1:09:37
  caused apprehension within my family, my wife, my son, my
• 1:09:44
  children, my daughter-in-law, because I have to put them on
• 1:09:48
  notice that they're being watched in the community.
• 1:09:54
  Any other questions? If this was such a troubling
• 1:09:57
  situation and taken so seriously by Missus Bazan, why didn't she
• 1:10:03
  communicate that towards you sooner than until after a police
• 1:10:07
  report was made against her for harassment?
• 1:10:09
  That's. Speculation that's going into
• 1:10:11
  the mind of another party which this witness does not have the
• 1:10:13
  ability to do that motion I'm. Starting with that.
• 1:10:17
  Question. Do you have another question?
• 1:10:18
  I have to follow the rules of evidence.
• 1:10:21
  Nope. I just know, Your Honor, that
• 1:10:23
  this happened over six months ago.
• 1:10:26
  And if there was no date of you can you can bring.
• 1:10:29
  Your argument. Do you have any questions
• 1:10:32
  though? Any further?
• 1:10:32
  Questions. Was there a time stamp of when
• 1:10:34
  this had occurred? I did not see one.
• 1:10:37
  So it was a valid threat of right now presence.
• 1:10:42
  I deemed it as such. No further questions do.
• 1:10:45
  You have any questions? Yes.
• 1:10:51
  I would just like to know why there was false allegations
• 1:10:55
  made. Of.
• 1:10:56
  Flashing of a firearm. That's beyond the scope of this
• 1:11:01
  witness as well. That's as soon as facts not in
• 1:11:04
  evidence. Other than that, I don't.
• 1:11:05
  I don't have an. Instruction.
• 1:11:06
  You make sense. Thank you, Sir.
• 1:11:08
  You're welcome. Final argument.
• 1:11:11
  My argument Sir, she is being honest with you.
• 1:11:15
  She is portraying the victim of something that has been an
• 1:11:20
  ongoing situation which there are TikTok messages after.
• 1:11:25
  I just unfriended her your honor and she then went to my partner
• 1:11:30
  at the time, messaged him, went to my TikTok, messaged me,
• 1:11:35
  blocked me, unblocked me, messaged me.
• 1:11:38
  I texted her phone that she gave me her number 2.
• 1:11:42
  Told her to just stop words lesser than what was said.
• 1:11:47
  Stop. She then unblocked me and had
• 1:11:50
  more to say, which is in the documentation.
• 1:11:56
  This your final argument. My final argument.
• 1:12:00
  Is I. Have not committed any crimes.
• 1:12:02
  I do admit to having a verbal altercation about her kids being
• 1:12:05
  allowed in the hallway but other than that that's between
• 1:12:07
  management. We don't have an on site manager
• 1:12:10
  at the time, we have part time ones.
• 1:12:12
  They're well aware of these incidents as well as the false
• 1:12:14
  allegations. But other than that, I feel very
• 1:12:20
  unsafe in my apartment even though I've been there for six
• 1:12:23
  months. She's shown a severe pattern of
• 1:12:30
  harassing others, not just me, and this has been retaliation.
• 1:12:35
  The PPO was filed after I told Chief about her behavior and the
• 1:12:41
  reason why I didn't bring it to Chief's attention in June.
• 1:12:43
  The end of her friendship, because that was the end of her
• 1:12:45
  friendship. It's drama, integrity and means
• 1:12:50
  a lot to me. And I brought my children to the
• 1:12:54
  community of saving to raise them there, not to raise them
• 1:12:57
  around chaos and disability discrimination and firearm
• 1:13:03
  concerns, accusing me of using drugs.
• 1:13:07
  It just goes on and on. We could be here all day if I
• 1:13:11
  sat here and brought everything that she has said against.
• 1:13:13
  Me. But there's no police reports,
• 1:13:16
  just one about me yelling at her in the hallway of our apartment
• 1:13:19
  complex. All these other police reports
• 1:13:22
  with everybody else, all the other tenants prior and current.
• 1:13:28
  Thank. You at the conclusion of a
• 1:13:30
  hearing requesting a personal protection order, the court has
• 1:13:32
  to state the reasons for either granting or denying the personal
• 1:13:36
  protection order request. That's pursuant to MCR 3.7 O 5
• 1:13:40
  as well as MCL 600.2950 ( 7. Also, if the petitioner is
• 1:13:47
  requesting a non domestic stalking personal protection
• 1:13:51
  order, the court has again state the reasons why either granting
• 1:13:55
  or denying and that's what the court is doing here.
• 1:13:58
  The initial petition was requested ex parte.
• 1:14:01
  The court denied that based upon the information that was
• 1:14:05
  contained within the petition being insufficient.
• 1:14:09
  In this case, we have a relationship, a friendship
• 1:14:13
  apparently that broke off either in May or June of 2025 and
• 1:14:18
  essentially the relationship went off the rails.
• 1:14:20
  According to the petitioner, it was constant harassment, posting
• 1:14:24
  of messages etcetera on Facebook, contact in the
• 1:14:29
  hallway, etcetera, all these activities allegedly going on.
• 1:14:36
  Further, the petitioner is claiming that messages have been
• 1:14:40
  posted since then which she believes to be again reason for
• 1:14:48
  a non domestic stalking personal protection order.
• 1:14:51
  The respondent on the other hand states in part that the petition
• 1:14:56
  strike that not the petition. But the friendship broke off
• 1:14:59
  again in May or June of 2025 and since then there have been
• 1:15:05
  ongoing issues in the apartment complex, potentially loud
• 1:15:10
  noises, children playing in the hallway, what whatever the
• 1:15:14
  situation may be. But she states Underoath as well
• 1:15:19
  as a petitioner with completely opposite evidence testimony that
• 1:15:23
  she's not posting anything. I inquired to the petitioner
• 1:15:27
  regarding whether names were specifically posted of
• 1:15:30
  individuals of the of the petitioner stated by responded
• 1:15:35
  that something was going on here and there.
• 1:15:39
  There are none, but you also have to think about what is
• 1:15:46
  there something else going on here that's a problem?
• 1:15:50
  And there are even allegations now of, for instance, someone
• 1:15:59
  carrying a firearm, displaying a firearm, which at a minimum, the
• 1:16:03
  court can take judicial notice, at a minimum would be at least
• 1:16:08
  felonious assault, potentially A4 year felony, unlawful display
• 1:16:12
  of a firearm. I mean, these are serious
• 1:16:14
  allegations. These are criminal allegations.
• 1:16:17
  Police were not contacted. However, Department of Health
• 1:16:19
  and Human Services apparently was contacted.
• 1:16:22
  And there's nothing in the record to indicate to the court
• 1:16:25
  whether or not anything was followed up with that
• 1:16:27
  investigation or not. The court on its own initiative,
• 1:16:33
  Sue Espante had called Chief Repke, Steven Repke of the of
• 1:16:38
  the Seaboline Police Department. I saw him in the courtroom
• 1:16:41
  actually, when the case was called, I saw him stand up and
• 1:16:45
  which drew my attention to him as well.
• 1:16:48
  And so I'm, I'm trying to find out what indeed is going on
• 1:16:51
  here. That's what all the courts
• 1:16:53
  trying to do. And the reason for the court
• 1:16:57
  doing that is, at least from my experience, when it comes to law
• 1:17:01
  enforcement, the purpose of a police agency is to protect and
• 1:17:05
  deserve number one, number two there and to investigate
• 1:17:08
  criminal complaints, request arrest warrants, file charges,
• 1:17:14
  etcetera. That's their job.
• 1:17:17
  And Chief Refke had taken the witness stand and I had asked
• 1:17:21
  him regarding what may be going on.
• 1:17:23
  And what it sounds like is just constant calls, countless I
• 1:17:27
  think was his word, specifically countless calls coming in to the
• 1:17:32
  CB Police Department, not only himself, but his other officers
• 1:17:37
  regarding disputes or issues going on inside this apartment
• 1:17:41
  compost. Even issues where someone's
• 1:17:46
  parking in the wrong parking spot or, or you know, trivial
• 1:17:51
  matters like that may not be trivial to to those who are at
• 1:17:54
  the apartment, but it's trivial generally speaking, because
• 1:17:58
  we're talking about non domestic stalking, we're talking repeated
• 1:18:04
  contact where there are threats involved.
• 1:18:09
  And what the court heard was basically what I find based upon
• 1:18:19
  the testimony, simply a relationship that's gone bad and
• 1:18:24
  toxic to the point where as soon as this court finds that if the
• 1:18:30
  respondent is even around the petitioner and they I can't help
• 1:18:34
  the fact they live in the same apartment complex, it brings up
• 1:18:37
  all these bad feelings and all these allegations are made.
• 1:18:41
  And, and I mean, it's, it's just thick as thick can be here
• 1:18:45
  regarding what's going on or what's alleged to be going on
• 1:18:48
  here. That adds fuel to the fire.
• 1:18:53
  I get a response from the respondent who is who's
• 1:18:57
  testified Underoath that the petitioner though she may be
• 1:19:01
  afraid that she's being stopped posting messages on the
• 1:19:07
  respondents apartment door, that's what she's testified
• 1:19:11
  underoath. I allow final argument to allow
• 1:19:15
  the parties to to raise their points and then the court can
• 1:19:19
  make a decision based upon having all the knowledge here.
• 1:19:22
  Not once did I hear in the petitioners prayer for relief
• 1:19:28
  and or final argument to say that's not true, that didn't
• 1:19:33
  happen. So it is uncontroverted that
• 1:19:38
  petitioner is what he thinks on the respondents for.
• 1:19:45
  And I know for the record she's shaking the petitioner shaking
• 1:19:48
  her head, but that there's nothing in the record indicating
• 1:19:51
  that that was not done. So it begs the question, why in
• 1:19:56
  the world would someone need a personal protection order based
• 1:19:59
  upon alleged stalking when one the individual's not referencing
• 1:20:03
  any Facebook messages? Second, the respondent denies
• 1:20:06
  them that there were posts. But more importantly, the
• 1:20:10
  petitioner continues to to go to the respondent and and put items
• 1:20:17
  on the door. Why in the world would you do
• 1:20:22
  that? If you were afraid or you were
• 1:20:24
  stalked, there is absolutely no evidence in this case for
• 1:20:29
  personal protection. Personal protection order
• 1:20:32
  request is respectfully denied. That is all right.
• 1:20:39
  It's TCF live on a Super Friday. Women behaving badly with Judge
• 1:20:44
  Pearl. Ladies and gentlemen, Lindsay,
• 1:20:46
  thank you for the $2.00 super chat earlier.
• 1:20:49
  And Michael, thank you for your $2.00 super chat.
• 1:20:51
  Appreciate you both. Let's let's go back to Judge
• 1:20:57
  Elmore. Let's go there.
• 1:21:01
  I'm Jeff. Harrison, I'm here on behalf of
• 1:21:02
  Actually. Rosie, she's now.
• 1:21:04
  Joining me at the table. Thank you.
• 1:21:06
  You may be seated. Rosie is currently trial
• 1:21:10
  custody. We're here today for a couple
• 1:21:12
  things. Looks like we've got a retrial
• 1:21:18
  hearing maybe and a bench warrant.
• 1:21:20
  So I'm going to go over a few things.
• 1:21:25
  This court issued a bench warrant on March 19th, should
• 1:21:30
  have been last Thursday 4 initially for testing positive
• 1:21:36
  for the controlled substance methamphetamine and the
• 1:21:40
  controlled substance of marijuana presented through the
• 1:21:44
  appalite THC, and then subsequently they're also
• 1:21:49
  related to that. And that same day, allegedly the
• 1:21:52
  defendant failed to appear for testing on or about Saturday,
• 1:21:59
  March 14th. And what are we doing today, Mr.
• 1:22:07
  She's prepared to make admissions as the material
• 1:22:13
  allegations the only thing that might cause us some.
• 1:22:17
  Trouble is. The.
• 1:22:18
  Failure to test delegation. For which she did.
• 1:22:22
  Not have any. Prior notice.
• 1:22:28
  All right, Miss Cruzi, am I saying it correctly?
• 1:22:32
  Yes, Sir. Thank you.
• 1:22:33
  Please read the right hand of the best you can.
• 1:22:34
  Do you swear or affirm the information testimony about by
• 1:22:37
  shall we to keep the whole truth and not but truth?
• 1:22:39
  Yes, Sir. You may lower your hand.
• 1:22:41
  All right. So, Miss Cruzi, you were out on
• 1:22:45
  bond in this file and you were ordered not to possess or use or
• 1:22:50
  consume substances and to be randomly tested at community
• 1:22:57
  corrections. And it appears that you went
• 1:22:58
  down, signed up for testing, Is that right?
• 1:23:02
  Now I'm told you're going to admit to violating this
• 1:23:04
  condition. I need to let you know that you
• 1:23:06
  do have the right to due process, which means you could
• 1:23:09
  have a contested hearing in the prosecutor to have the burden of
• 1:23:12
  proof to try to demonstrate that you've violated your bond by
• 1:23:15
  violating the orders of the court.
• 1:23:18
  Now, failing to comply with an order of the court could be
• 1:23:20
  considered contempt, but the court doesn't use that power.
• 1:23:26
  Contempt could get you up to 90 days in jail, up to $7500 in
• 1:23:31
  fines and costs, but the court doesn't go down that road.
• 1:23:35
  The court only looks at this as a review of your pretrial
• 1:23:39
  release conditions pursuant to Mission Coral 6.106.
• 1:23:43
  Now also joining us this morning, Miss Smith can start
• 1:23:45
  from the community pressure. I'm told today that you're
• 1:23:49
  admitted the testing positive for methamphetamine and
• 1:23:53
  marijuana for violating the order and consuming that
• 1:23:59
  substance. If you do, you will not have a
• 1:24:00
  hearing of any kind. Does that make sense?
• 1:24:03
  All right, And has anybody made any promises, threats,
• 1:24:06
  reducement to compel you to admit to violating your bond in
• 1:24:09
  this way? Is and therefore Miss Cruzi, is
• 1:24:14
  it true that on March 19th of this year you reported a
• 1:24:18
  community corrections provided a sample for testing, right And
• 1:24:25
  was that a urine sample and did it tested positive for
• 1:24:30
  consumption of methamphetamine and marijuana?
• 1:24:33
  Is that correct? And is when was it that you used
• 1:24:36
  that substance, those substances?
• 1:24:39
  Marijuana. It's.
• 1:24:40
  Been in my system this whole time.
• 1:24:42
  I was a daily user prior to all this so she told me that would
• 1:24:46
  be in my system for a while, but the last time I used marijuana
• 1:24:50
  was the end of February and the last.
• 1:24:53
  Time. That I consumed that was.
• 1:24:59
  A. Dare so prior to me testing OK.
• 1:25:03
  All right, Miss Stark, do you know when she reported to
• 1:25:10
  community Corrections initially? Like when did she start the
• 1:25:14
  testing is what I'm looking. Her first Test was on March 10th
• 1:25:18
  and. 2 was positive. OK.
• 1:25:21
  And when did was that? That was her first Test, you
• 1:25:23
  said. Mr. Card, are you satisfied with
• 1:25:33
  your proofs? I am your.
• 1:25:35
  I'll just dismiss any marijuana allegations.
• 1:25:37
  Because I know that can stay. But I'll make it's OK.
• 1:25:42
  I was going to make your money can stay in your fat cells.
• 1:25:44
  And I don't want to say fat related to a woman in public,
• 1:25:48
  but great. Now you made me do it.
• 1:25:57
  Thank you, Mr. Harrison. Are you satisfied?
• 1:26:00
  I I am indeed. The Court is as well and I find
• 1:26:04
  that the admission today is made freely, knowingly and
• 1:26:07
  voluntarily. The Court finds that the
• 1:26:10
  information provided in the file as well as stated by Miss
• 1:26:14
  Cruzie, is that she violated the terms and conditions.
• 1:26:18
  Therefore, the Court finds her in violation of her bond for the
• 1:26:23
  consumption of of methamphetamine.
• 1:26:27
  All right, so now becomes the question about what to do with
• 1:26:31
  the defendant. I know here on the telling
• 1:26:34
  information, she's got a charge of possession of meth, assault
• 1:26:38
  with a dangerous weapon, a machete, and assault resist
• 1:26:45
  destructive police officer. I note that the possession
• 1:26:48
  doesn't have any secondary subsequence.
• 1:26:52
  And I also note that the also there's also a charge of 4th her
• 1:26:56
  child abuse in the 4th degree. But I Yeah, but here's my point.
• 1:27:06
  I don't see it at a prior felonies.
• 1:27:10
  Go ahead, Mr. Karl. That's correct, Your honor.
• 1:27:12
  I think there should. Be a. 2nd subsequent controlled
• 1:27:14
  substance. She doesn't.
• 1:27:15
  Have a. No.
• 1:27:17
  Never mind, she's not eligible for 7411, but we.
• 1:27:20
  Still. Can't it was successful.
• 1:27:24
  And. When was that?
• 1:27:28
  She was marijuana. Until it was some time all
• 1:27:30
  right, Miss Dark again. This.
• 1:27:38
  She had just began testing a couple weeks ago, correct?
• 1:27:43
  1st test was on March 10th, On March 14th.
• 1:27:46
  She was a no show. And then?
• 1:27:49
  She had driven the 19. Minutes back.
• 1:27:52
  All right. OK, Mr. Cards, what do you want?
• 1:27:57
  What was your recommendation, Your Honor, at this time I would
• 1:28:02
  ask. The clerk to.
• 1:28:03
  Remand the defendants the reason that she is on bond.
• 1:28:09
  For possession of methamphetamine and.
• 1:28:12
  Amphetamine while she's on bond. I'm covering for Miss Kerry, so
• 1:28:18
  I'm not going to. Say too.
• 1:28:19
  Much, but I'm sure Mr. Harrison wants to make a motion with
• 1:28:25
  treatment plans in the future. That would be something my
• 1:28:29
  office would consider, but at this time.
• 1:28:31
  I do think. Mr. Harrison, before I turn to
• 1:28:35
  your recommendation about bond, but I see that we're also here
• 1:28:40
  today for a pre trial. And.
• 1:28:44
  Is that? Schedule concurrently, Your
• 1:28:46
  honor, it is OK. So I don't know.
• 1:28:49
  So I'll ask you to fill out the Court's forms for that, but do
• 1:28:54
  you know whether or not there is a resolution to the case today?
• 1:28:58
  There is not. As it.
• 1:29:00
  Stands right now we are working toward that.
• 1:29:03
  That's fine. That's all I need to know.
• 1:29:05
  All right, so now we will fill up the sheet for you.
• 1:29:07
  I'm sorry, it's all right. You're you're fine.
• 1:29:09
  So that means I jump ahead to question about your record, your
• 1:29:13
  position and what to do with Bond.
• 1:29:16
  Well, regarding Bond, this case is unique to the extent that.
• 1:29:20
  She posted. A $25,000.
• 1:29:23
  Surety. Bond.
• 1:29:26
  With the court. On the. 4th of March, I believe,
• 1:29:29
  your Honor, and that has not been.
• 1:29:32
  Obviously. Forfeited or called in by the
• 1:29:35
  bondsman or anything like. That so that would.
• 1:29:38
  Remain available to her, Does remain available to her in terms
• 1:29:43
  of securing her free trial release.
• 1:29:47
  As Mr. Karn sort of indicated, we are working on arrangements
• 1:29:51
  to find a rehab placement for her.
• 1:29:54
  We actually have. One, we just can't get the dates
• 1:29:58
  to line up and we're working with Harbor all that get us in
• 1:30:02
  front of it so we can file a motion and do the proper the
• 1:30:06
  proper procedure with the court. I don't know why I.
• 1:30:09
  Stumbled over proper procedure. Maybe it was the alliteration.
• 1:30:13
  The long shot of it is she's got a $25,000 bond hanging over the.
• 1:30:19
  Bondsman. And we're.
• 1:30:21
  Working on getting her into rehab.
• 1:30:24
  She has a concurrent case involving the same child.
• 1:30:28
  That's a part of the incident and the current matter that she
• 1:30:34
  needs to attend to as well. Obviously she could do that much
• 1:30:38
  better. If she's not in jail, she would
• 1:30:41
  be staying with her grandparents.
• 1:30:45
  Yeah, she has a job, so. Where do you work?
• 1:30:48
  I am a. Manager over at the 115
• 1:30:50
  McDonald's. I was offered my job back when I
• 1:30:53
  was currently, I've been a manager over there in the past
• 1:30:56
  four years and. All right, all right.
• 1:30:59
  Mr. Harrison, I. Already know what I'm going to
• 1:31:00
  do. OK.
• 1:31:01
  I'll stop talking to you. That's all probably a good idea.
• 1:31:05
  So. A couple options.
• 1:31:06
  Miss Trudy and I know what I'm doing and I'm doing it.
• 1:31:08
  For a reason. I'm going to set the hook and
• 1:31:14
  see. If you mess up.
• 1:31:15
  If you do and you just give me a reason to lock you up longer if
• 1:31:19
  there's a plea or a conviction. So when the Legislature changed
• 1:31:25
  the statute a few years ago and said that for intermediate
• 1:31:27
  sanction cells, we're supposed to start with a presumption of
• 1:31:30
  no, no jail, just probation and costs for any felony.
• 1:31:38
  It tells judges if you're, if you're going to give jail, let
• 1:31:43
  them see if see if they mess up. You've already messed up once.
• 1:31:46
  So I'm going to release you back out on your bond and I will add
• 1:31:52
  to it that you are to enroll an enhanced outpatient treatment
• 1:31:56
  program through community corrections.
• 1:32:00
  That's going to be a treatment program now.
• 1:32:02
  Also close to the $25,000 next time you go.
• 1:32:11
  To. Use it'll be 25.
• 1:32:17
  So that's a it's a really expensive hit $25,000 is what
• 1:32:22
  that it's going to cost you potentially now put your bomb
• 1:32:27
  and put you in the jail. So if you do, and I'm not trying
• 1:32:31
  to say, oh, that guy's trying to be a real mean guy.
• 1:32:35
  No, no, I'm trying to give you incentive that before you inject
• 1:32:39
  it or smoke it, you go, does that look like it's worth
• 1:32:43
  $25,000? I lost.
• 1:32:46
  My chair. No.
• 1:32:49
  So I'm set in the book. Let's see if you do.
• 1:32:51
  Well. Thank you very much.
• 1:32:52
  Anything else, Mr. Carnes? Mr. Harrison.
• 1:32:55
  Nothing proving your. Other thing just started.
• 1:32:58
  We did hear from you. Do you have anything else?
• 1:33:00
  No. By the way, she's almost wearing
• 1:33:02
  orange too. Disregard.
• 1:33:04
  Thank you. Have a great day.
• 1:33:05
  Thank you too. TCF live, It's a Super Friday.
• 1:33:12
  Speaking of which, thank you Grandma TCF for your $2.00.
• 1:33:15
  We're halfway to our goal today, so I got to tell you it is women
• 1:33:24
  behaving badly day in Huron County.
• 1:33:29
  I give you the case of hope versus Maddie.
• 1:33:33
  Now, hope versus Maddie. TH it's really Madeline Toner,
• 1:33:39
  but the Titian reads Maddie Toner, so that's why the court
• 1:33:44
  stated as such. Case Number 26 8175 pH.
• 1:33:48
  The time and date set to challenge a personal protection
• 1:33:51
  order that was granted by this Court on March 16, 2026.
• 1:33:56
  Both parties are present. Would you both please raise your
• 1:33:58
  right hand? We solemnly swear or affirm that
• 1:34:00
  the testimony are both giving this case is the truth, the
• 1:34:02
  whole truth, Nothing but the truth.
• 1:34:04
  So how you got? Thank you.
• 1:34:06
  Back in March 16, 2026, the court received a personal
• 1:34:10
  protection order request and that was requested ex parte,
• 1:34:17
  which means that it was requested without a hearing.
• 1:34:26
  And after the court reviewed the petition and reviewed the
• 1:34:31
  attachments, including a police report, the court issued a
• 1:34:37
  personal protection order against Miss Toner.
• 1:34:40
  And in its reasoning, the court stated there were two separate
• 1:34:43
  acts of contact with the petitioner, including sending
• 1:34:46
  and intimidating social media message and alleged assault and
• 1:34:49
  battery and or assault upon the petitioner.
• 1:34:54
  Miss Toner is challenging that and that's what this hearing is
• 1:34:58
  about. The burden of proof rests with
• 1:35:01
  the petitioner to continue the personal protection order.
• 1:35:05
  So I am going to ask Miss Bedford to explain why you
• 1:35:12
  believe this personal protection order should be continued.
• 1:35:15
  Go ahead. I have written a statement and I
• 1:35:17
  do have a copy to and then. Admin.
• 1:35:23
  As well. Why don't you just read it into
• 1:35:24
  the record please? That's your statement.
• 1:35:26
  My name is Hope Bedford. Before the assault, I felt safe
• 1:35:29
  living in my usual routine. After it my life has been
• 1:35:32
  constructed. I do not feel safe going out in
• 1:35:35
  public anymore, anticipating that I will run into either
• 1:35:38
  Heather or Madeline. This incident has changed
• 1:35:40
  aspects of my social life by making me question where I can
• 1:35:44
  be at with my friends without being attacked by these
• 1:35:47
  individuals. The physical injuries healed,
• 1:35:50
  but for nearly two weeks sleep has no longer been restful as I
• 1:35:54
  could not turn off my thoughts. I have been anxious while at
• 1:35:57
  work and then have had to explain why I wasn't attending
• 1:36:00
  activities that I was attending before the assault.
• 1:36:03
  The pain wasn't only scratches and a busted lip, it has also
• 1:36:07
  been the daunting feeling of being stuck in fight report
• 1:36:09
  mode. I do not feel that it is
• 1:36:13
  necessary or required to be put in a situation again where I
• 1:36:16
  have to defend. Myself.
• 1:36:18
  This pertains to any physical and or verbal assaults in person
• 1:36:22
  or online that may be directed at me.
• 1:36:26
  Emotionally, I have been living with fear and anger
• 1:36:28
  simultaneously. I feel angry that someone else's
• 1:36:32
  actions force provisions on my life that I had never asked for
• 1:36:36
  modifications on where I go, what I do, and whom I have taken
• 1:36:41
  place in my life. I am only 26 years old and I
• 1:36:44
  believe that I should not have to walk through my daily routine
• 1:36:47
  wondering what will happen to me next.
• 1:36:50
  I shouldn't have to walk around in fear.
• 1:36:53
  The fear and emotional distress I experienced are ongoing and
• 1:36:56
  directly tied to the incidents that led to the original order.
• 1:37:00
  I am most concerned about the retaliation that may take place
• 1:37:04
  due to me contacting local law enforcement.
• 1:37:08
  The night of the assault, I was completely humiliated in a room
• 1:37:11
  full of friends and patrons who frequently visit my place of
• 1:37:15
  employment. Madeleine decided it was
• 1:37:18
  acceptable to put her hands on me and verbally assault me while
• 1:37:21
  doing so. I believe a termination to this
• 1:37:23
  order does not fully reflect the seriousness of the verbal and
• 1:37:27
  physical assault that I had experienced.
• 1:37:30
  I was the one who received the threatening that message from
• 1:37:33
  Madeline. I was the one who was verbally
• 1:37:35
  assaulted and then physically assaulted on the night of the.
• 1:37:37
  14th. Therefore, I am attempting to
• 1:37:40
  protect myself and ensure that I won't be in any additional
• 1:37:43
  situations or with reoccurring scenarios.
• 1:37:47
  Since the incident, I continue to feel vulnerable.
• 1:37:52
  Madeleine's past actions have demonstrated A disregard for my
• 1:37:55
  safety and personal boundaries. I respectfully ask the court to
• 1:37:59
  consider the sustained impact of my security, my work and my
• 1:38:03
  mental well-being, and to establish provisions that
• 1:38:07
  protect me moving forward. My intention is not to escalate
• 1:38:10
  the situation but to ensure my safety and prevent further harm.
• 1:38:17
  Miss Bedford, your last name is spelled DEDFORD.
• 1:38:21
  Yes, you are all right. Miss Bedford, prior to, I
• 1:38:26
  obviously read the petition and I've read the response prior to
• 1:38:30
  February 13, 2026. Is there a relationship,
• 1:38:34
  friendship, acquaintance between you and the respondent?
• 1:38:37
  No, no. OK.
• 1:38:41
  And as I read in the petition, so apparently on the 13th of
• 1:38:46
  February, you were at a local establishment, we don't need to
• 1:38:50
  name it, but you were at a local establishment and what was your
• 1:38:56
  purpose of going to that establishment on February 13th?
• 1:38:59
  My Co workers and I would often go to wash after our shifts as
• 1:39:03
  it is right down the road from our establishment just to sit
• 1:39:06
  and mingle. All right.
• 1:39:08
  And on that day, were there things said by you that caused
• 1:39:20
  some sort of stir in the in the room or explain what happened
• 1:39:26
  what what happened on that night?
• 1:39:28
  Me and my personal and me and my Co worker were having a personal
• 1:39:32
  conversation in regards to people who he had went to school
• 1:39:35
  with and people that I had known and I had mentioned Madeline
• 1:39:42
  Toner's name and we began discussing her.
• 1:39:46
  And let me stop you. You said a personal
• 1:39:49
  conversation. What does that mean?
• 1:39:52
  As in, like we weren't talking at a volume to where I would be
• 1:39:58
  concerned about what I was saying.
• 1:40:01
  OK, so are are you stating that you're you're not, You know, for
• 1:40:07
  instance, let's say you were talking about me.
• 1:40:09
  Well, Pearl is this. Pearl, is that you know what I'm
• 1:40:12
  saying? The loudness and and for all to
• 1:40:14
  hear. Are you stating that that's not
• 1:40:17
  what occurred? Correct.
• 1:40:19
  OK, so you're having some sort of conversation regarding Miss
• 1:40:23
  Toner. How did you know Miss Toner if
• 1:40:24
  you if you really didn't have an association with?
• 1:40:27
  Her I used to be friends with somebody who was friends with.
• 1:40:30
  Her OK. Yes, so I.
• 1:40:32
  Never. And and I don't want to go into
• 1:40:34
  what may have been said by you, but something was said regarding
• 1:40:38
  Miss Toner, correct by you, Yes. What happened next?
• 1:40:44
  Her mother had approached me and told me, I just want to let you
• 1:40:48
  know that it's my daughter. I don't appreciate you speaking
• 1:40:52
  about her. And immediately I apologized.
• 1:40:55
  OK, how do you know that this is Miss Toner's mother?
• 1:41:03
  I had no idea until she had told me.
• 1:41:06
  OK. And was her mother also a patron
• 1:41:13
  that night or. She was the bartender.
• 1:41:17
  Oh, OK, she's the bartender. How?
• 1:41:19
  Far away were you from her when you were having this
• 1:41:22
  conversation with your friends. I believe that as I was having
• 1:41:27
  this conversation with my Co worker she was walking up to the
• 1:41:29
  table. OK.
• 1:41:31
  Yes. So fair to say she overheard
• 1:41:33
  something. Yes.
• 1:41:34
  OK, so you get confronted about it.
• 1:41:37
  Was it respectful? No, why?
• 1:41:41
  Explain to me why you feel it wasn't.
• 1:41:43
  She was very nasty towards me after and I I admitted I said I
• 1:41:48
  am wrong and I apologize and it just kept going and her volume
• 1:41:54
  just kept getting louder and louder.
• 1:41:57
  OK, after that happened, what happened next?
• 1:42:04
  I had received a message from Madeline via Facebook Messenger.
• 1:42:09
  And I do. Have is that the one that you
• 1:42:11
  Smith. OK, Court reviewed.
• 1:42:17
  Did Miss Toner's presume mother do anything to you at the bar?
• 1:42:26
  Because I there's something about banning.
• 1:42:28
  Do you recall that something happened at the bar that night?
• 1:42:33
  I went to leave and I was going to go and apologize to Miss
• 1:42:38
  Toner's mother again and as soon as I put my coat on she looked
• 1:42:44
  at me and said something along the lines of.
• 1:42:48
  Well, we can't go to what was said, but bottom line, were you
• 1:42:51
  banned from coming back into the?
• 1:42:53
  I was not, no. No.
• 1:42:55
  Were there any words of that effect?
• 1:42:57
  Just get out. Just get out.
• 1:42:59
  OK. Did you comply with that?
• 1:43:01
  Yes. OK.
• 1:43:03
  After you left the establishment, when is it that
• 1:43:07
  you claim this message was sent from this toner to you?
• 1:43:11
  This message was sent while I was still sitting in the
• 1:43:14
  establishment. Oh OK and just want to read it
• 1:43:20
  into the record so we have it clear.
• 1:43:22
  According to TO this must not have anything better to do with
• 1:43:26
  your effing time huh? Have to go and run your mouth at
• 1:43:29
  the local bars question mark. Small town word travels fast.
• 1:43:34
  Better watch what you have to. I'll say effing say.
• 1:43:37
  Is that the message? Yes.
• 1:43:39
  How did you take that message? As the threats.
• 1:43:42
  Why? Because I just the last
• 1:43:48
  sentence, you better watch what you have to say that I took that
• 1:43:53
  as a threat because I did apologize when I was wrong.
• 1:43:58
  OK, so after the message was sent, anything go on after that?
• 1:44:06
  I left the establishment. Right.
• 1:44:07
  But any other communications or interactions between you and the
• 1:44:14
  respondent up until March 14th, no.
• 1:44:20
  Not between me and this toner. OK.
• 1:44:23
  Radio silence, right? No issues.
• 1:44:25
  Yes. Did you go into this
• 1:44:27
  establishment prior to March 14th?
• 1:44:30
  No. Why not?
• 1:44:32
  I just avoided it. OK.
• 1:44:35
  However, you claim that you went into the establishment on March
• 1:44:39
  14th, correct? Yes, your Honor.
• 1:44:42
  And so we're talking a little over 2 weeks ago, correct?
• 1:44:54
  Yes. OK.
• 1:44:55
  I'm just looking at the calendar.
• 1:45:00
  You go into the establishment for what purpose?
• 1:45:02
  To celebrate a friend's birthday.
• 1:45:04
  OK, so you go in, correct? Yes.
• 1:45:08
  What happens? I immediately after I walked
• 1:45:12
  through the door, the respondent's mother, Heather,
• 1:45:17
  was standing on her chair screaming my name.
• 1:45:20
  I did make eye contact with her but I decided that I was just
• 1:45:23
  going to ignore her and I walked over to a group of people, Co
• 1:45:28
  workers that were in the establishment.
• 1:45:30
  Was this person working that night?
• 1:45:33
  The person we were going to celebrate.
• 1:45:35
  No, no, I'm sorry. That what you believe to be who
• 1:45:39
  you believe to be Miss Toner's mother?
• 1:45:43
  Is she working that night? I don't believe so, no.
• 1:45:46
  OK. And Miss Toner in the
• 1:45:53
  establishment as well. Yes, your Honor.
• 1:45:55
  OK now what happened after you claim mother was either yelling
• 1:46:08
  your name or or or made made some sort sort of practice here
• 1:46:13
  to to get your attention. What do you claim is Toner did?
• 1:46:19
  After the statement was made shortly after, I was approached
• 1:46:23
  by not only Heather, the respondent's mother, but the
• 1:46:27
  respondent as well. OK.
• 1:46:29
  And what happened? Basically, Heather decided that
• 1:46:35
  she was going to verbally attack me, and then she verbally
• 1:46:38
  assaulted me. And then shortly after Madeline
• 1:46:41
  did the same as well. What?
• 1:46:43
  Do you mean by verbal assault? Just saying like discriminatory
• 1:46:48
  things, calling me, cursing at me, stuff like that.
• 1:46:53
  OK. You allege in your petition,
• 1:46:56
  though, that there's something physical that happened as well.
• 1:47:00
  Correct. Now I want to focus.
• 1:47:02
  Let's focus first on respondents.
• 1:47:09
  You claimed mother. Yes.
• 1:47:12
  All I want to focus on is what establishing or what happened in
• 1:47:15
  the establishment at the time. What do you allege that this
• 1:47:19
  individual did she? Shoved me.
• 1:47:21
  OK. Did you approach her?
• 1:47:25
  No. I was approached by her.
• 1:47:30
  Did you incite her in any way? Absolutely not, no.
• 1:47:36
  OK, as a result of the push is that when essentially all lack
• 1:47:44
  of a better phrase, all hell broke loose inside the
• 1:47:46
  establishment. Yes.
• 1:47:48
  OK. What did you see, if anything,
• 1:47:51
  of what Miss Toner may have done?
• 1:47:54
  To me personally, yes. She was standing in front of me.
• 1:47:58
  She was looking me dead in my eyes.
• 1:48:00
  She had pushed me. I went to defend myself.
• 1:48:03
  She has stated I am pregnant, you cannot hit me.
• 1:48:07
  So therefore I took my attention off of her and back to her
• 1:48:12
  mother. OK, did you confront her, Miss
• 1:48:16
  Toner? No, Your Honor.
• 1:48:19
  Who approached to? Madeline approached me.
• 1:48:23
  And as a result of this alleged melee was police were police
• 1:48:33
  called. Yes, your Honor.
• 1:48:35
  OK, police responded. Yes, your Honor.
• 1:48:39
  And some sort of complaint was made.
• 1:48:41
  Yes, your Honor. Why do you believe a personal
• 1:48:50
  protection order in your own words?
• 1:48:53
  And I know you read your your statement, I appreciate that.
• 1:48:56
  But why do you feel that we need to continue this personal
• 1:48:59
  protection? Order.
• 1:49:00
  I feel like you need to continue.
• 1:49:02
  The court needs to continue this personal protection order for my
• 1:49:05
  safety. I feel as if the personal
• 1:49:09
  protection order was lifted off that there would be more
• 1:49:14
  incidents to be taking place. I feel like there would be more
• 1:49:18
  verbal incidents and even possibly physical incidents.
• 1:49:23
  As well. You placed in your petition that
• 1:49:32
  you were allegedly barred from going into the establishment.
• 1:49:35
  You recall that in your petition.
• 1:49:37
  I yes, I want to say that personally, no one has reached
• 1:49:44
  out to me to let me know that I was barred.
• 1:49:47
  Well, you you've alleged in your petition that apparently you
• 1:49:51
  reached out to the establishment owner that correct?
• 1:49:56
  I don't believe so, Your Honor. Did that wrong.
• 1:50:01
  I believe that my manager, my dining room manager from my
• 1:50:05
  workplace, had reached out. To oh, OK, yes, OK, that that's
• 1:50:10
  right. In your petition, you allege
• 1:50:12
  that your your EB made contact and were you indeed barred from
• 1:50:20
  the establishment? No, it's my knowledge, Your
• 1:50:23
  Honor. OK.
• 1:50:26
  Anything else you want to add before I ask whether you have
• 1:50:29
  any other witnesses? No, Your Honor, do.
• 1:50:31
  You have any other witnesses? No, Your Honor.
• 1:50:33
  All right, Miss Toner, this is your opportunity.
• 1:50:37
  How do you wish to respond? So I received the I received the
• 1:50:43
  PPOI, then went and filed a paper to terminate it.
• 1:50:54
  If you if you read the witnesses that have wrote statements on
• 1:51:00
  her behalf, my name is not included.
• 1:51:03
  This is an an issue that happened with my mother who is
• 1:51:07
  the bartender and I don't feel like I need to be involved.
• 1:51:12
  Yes, I did send a message. No, it was not threatening in
• 1:51:15
  any way. I have never spoke to her.
• 1:51:18
  We were friends on social media. After I sent my message, I
• 1:51:21
  didn't find it necessary to have her on there because she was
• 1:51:25
  spreading my personal information around in the public
• 1:51:28
  that I didn't feel was appropriate, so I unfriended
• 1:51:31
  her. Unfortunately, I was put in the
• 1:51:34
  middle of a fight or whatever you want to call it, the night
• 1:51:41
  on. The 14th.
• 1:51:50
  March 14th. And I stepped in to intervene.
• 1:51:55
  When I stepped in to intervene at this point, it had already
• 1:51:58
  escalated. And yes, I did make this
• 1:52:01
  statement. I am pregnant.
• 1:52:03
  But it wasn't something that, you know, nobody knew at that
• 1:52:07
  point. Because.
• 1:52:09
  It's already being spread around the town.
• 1:52:12
  I just don't feel like I need to be in the middle of it.
• 1:52:15
  If you read the witness statements, I am not the
• 1:52:17
  aggressor. I am not the attacker.
• 1:52:20
  Everybody had made that very clear and as a result of what
• 1:52:23
  happened the night on the 14th of March, I ended up in the
• 1:52:26
  hospital with major abdominal trauma, which I have provided
• 1:52:31
  medical records for that. Well, you provided records of
• 1:52:35
  conditions of of treatment, but there's nothing to review.
• 1:52:44
  It gives you steps on what you need to do.
• 1:52:49
  I have the paper. Let me.
• 1:52:52
  Take a. Look here.
• 1:52:58
  Follow up procedures, future appointments if necessary.
• 1:53:02
  The triage patient summary. What page is that?
• 1:53:08
  It should be the first one attached after my statement.
• 1:53:14
  It's. Down at the bottom it says
• 1:53:17
  discharge diagnosis. One colon 2.
• 1:53:24
  One weeks gestation of pregnancy?
• 1:53:28
  Yes. Two trauma during pregnancy.
• 1:53:31
  OK. All right.
• 1:53:37
  And I believe you allege in your response that someone had struck
• 1:53:42
  you, correct? Yes, not a petitioner.
• 1:53:46
  I was pushed, but I was pushed because.
• 1:53:49
  Well, no, I'm please answer my question.
• 1:53:52
  The petitioner didn't push you or strike you, correct?
• 1:53:55
  During everything that was going on, yes, I was pushed.
• 1:53:59
  I I didn't ask whether you were pushed.
• 1:54:01
  I asked whether or not you were pushed by the petition.
• 1:54:05
  Where? Where did you list that in your
• 1:54:07
  response? Then I state that.
• 1:54:44
  Page 4. OK, you stayed.
• 1:54:51
  Hope it pushed me into the bar and then self-defense.
• 1:54:57
  And then self-defense to protect myself and my unborn child.
• 1:55:01
  I retaliated back and pushed, pushed back, OK.
• 1:55:09
  Do you review the police report that was provided regarding this
• 1:55:12
  as well? No.
• 1:55:14
  Because this whole incident is not being investigated by the
• 1:55:17
  Darren County Church Department, it's being investigated by the
• 1:55:20
  Machine State Police. OK.
• 1:55:22
  But that night, it was investigated by the Sheriff's
• 1:55:25
  Office, correct? When I had given my statement
• 1:55:31
  officer, can I provide names or? Oh, absolutely.
• 1:55:35
  Officer Sir Vesti came out to talk to us and at the time, from
• 1:55:40
  my understanding, there were no charges or allegations being
• 1:55:45
  pressed against me, they were all against my mother.
• 1:55:55
  OK, an individual by the last name Indu INDO.
• 1:55:58
  Does that ring a bell? Yes.
• 1:56:00
  Who is that? She's a bartender at the.
• 1:56:06
  And what's her first name? Nicole.
• 1:56:11
  Nicole. How do you know Nicole?
• 1:56:15
  She's one of the bartenders at the wash and then she is.
• 1:56:20
  A cousin. I believe.
• 1:56:22
  OK. And I don't have it in front of
• 1:56:28
  me, but according to the police report that the court had the
• 1:56:34
  opportunity to review, and I don't know why it's not here,
• 1:56:37
  but it it indicated that the pushing for the behaviors really
• 1:56:51
  we're focused on your mother and in part on you.
• 1:56:58
  There was nothing that I recall of any pushing.
• 1:57:05
  So, and I could be wrong, I could be wrong, but apparently
• 1:57:13
  Michigan State Police is investigating this now.
• 1:57:15
  Yes, it was all turned over to them.
• 1:57:17
  OK. All right.
• 1:57:19
  Have you heard anything regarding the status of this?
• 1:57:22
  I haven't spoke to them in probably a week.
• 1:57:27
  So are are you stating that the petitioner went up to you and
• 1:57:36
  pushed pushed you? During the fight, yes.
• 1:57:41
  Where were you originally when all this started?
• 1:57:44
  So after my mom had called Hope and her boyfriend by their name
• 1:57:50
  when they had first walked in the door, I said it's time that
• 1:57:53
  we leave. I had already paid our tax.
• 1:57:55
  I said it's time that we leave. You know I can already see where
• 1:57:58
  this is going. I said we need to go.
• 1:58:00
  We were waiting for my aunt. She was in the bathroom and my
• 1:58:04
  mom had walked up to the front well where the bar section is
• 1:58:09
  and I followed her because she was already aggravated and I
• 1:58:13
  said no it's time to leave and I had gotten after hoping my mom
• 1:58:19
  had their altercation. I had stepped in the middle to
• 1:58:22
  try to de escalate it. And.
• 1:58:25
  But you were expecting. Why in the world would you do?
• 1:58:28
  That there was a lot of drinking involved.
• 1:58:31
  By who? My mother?
• 1:58:33
  My aunt? Why?
• 1:58:36
  Were you even there that time? I was just getting dinner and I
• 1:58:40
  was served drivers back home. 10 in the evening.
• 1:58:45
  Yes, they have been drinking and they.
• 1:58:47
  Served dinner 10:00 at night. They stopped serving at eight
• 1:58:52
  stop. Stopped.
• 1:58:53
  Serving dinner at 8:00. O'clock OK.
• 1:59:02
  Does the last name of KOTH ring a bell?
• 1:59:04
  Yes. The court recalls when it
• 1:59:09
  authorized the petition that you claim that you were punched or
• 1:59:15
  someone claimed and may have been Zindu, that claimed that
• 1:59:19
  you were punched by someone by the last name of Cope.
• 1:59:27
  Is that correct? Yes.
• 1:59:28
  OK, All right. Anything else you want to add to
• 1:59:32
  this? No, I guess just after reviewing
• 1:59:36
  two different, two different statements that I had been
• 1:59:43
  served with and then as a copy of what was sent to me on 3/18.
• 1:59:52
  There's two very different stories like I said in each
• 1:59:55
  statement from each witness. I I my name is not even listed
• 2:00:01
  and. I just don't feel like this is a
• 2:00:04
  situation that I need to be involved in when the problem did
• 2:00:08
  not originate with me to begin with.
• 2:00:12
  Do you have any witnesses you intend to?
• 2:00:14
  Call. Not that I can present today,
• 2:00:18
  no. OK, All right, All right.
• 2:00:21
  Miss Bedford, no other witnesses.
• 2:00:25
  This is your argument. Anything you want to say?
• 2:00:28
  Yes, I do believe that these personal Protection Orders do
• 2:00:33
  move to stay in place for my safety.
• 2:00:37
  But it's now alleged that you pushed this zone.
• 2:00:44
  That is in. OK, but, and maybe I failed to
• 2:00:52
  ask this, but I'm going to ask this, how is it you you describe
• 2:00:56
  how Miss Toner's mother confronted you.
• 2:01:04
  I guess I need to know what is your side regarding whether you
• 2:01:09
  had any confrontation with Miss Toner that night?
• 2:01:13
  Part 14. So I was first approached by her
• 2:01:17
  mother and then she was to follow behind her.
• 2:01:20
  Did you move at all from your location when you were
• 2:01:23
  initially? No.
• 2:01:25
  OK, Nope. So if you're stating that if
• 2:01:33
  Miss Toner had contact with you, Miss Toner would have approached
• 2:01:40
  you, correct? I was approached by her.
• 2:01:43
  OK. And I'm assuming you're denying
• 2:01:45
  that. No, I did approach her OK after
• 2:01:51
  this statement was made. She had made this statement to
• 2:01:55
  my mom. You're an effing bee.
• 2:01:59
  Get out of my face. You can't tell me that I can't
• 2:02:03
  be here. And then she looked me that in
• 2:02:09
  my face and said the same exact thing.
• 2:02:14
  And you're an effing bee to get out of my face.
• 2:02:19
  And then after that, that's when all hell broke loose.
• 2:02:22
  Understated your final argument then, please.
• 2:02:26
  What I said previously, I guess I will use this my final
• 2:02:29
  argument. OK, fair enough.
• 2:02:32
  All right. Same as in the last case, except
• 2:02:34
  this personal protection order was granted.
• 2:02:36
  They responded, may file a motion to terminate a personal
• 2:02:39
  protection order within 14 days of being served of it.
• 2:02:42
  She's timely done that and the hearing is scheduled.
• 2:02:48
  The court has the opportunity to hear the evidence presented and
• 2:02:51
  the petitioner has the burden of persuasion in a hearing held on
• 2:02:55
  a motion to terminate or modify a personal protection.
• 2:02:58
  That's under the Pickering case. 253 mishap 694.
• 2:03:02
  In 2002, the court heard testimony of a situation that
• 2:03:10
  occurred on or about, I believe, February 13, initially. 2026
• 2:03:16
  Petitioner enters a local establishment and according to
• 2:03:19
  her to her testimony was with a Co worker or supervisor, but
• 2:03:25
  again friend or Co worker and they were a particular spot in
• 2:03:30
  in this establishment and they were had a had a private
• 2:03:33
  conversation. Part of the conversation
• 2:03:36
  apparently involved the respondent.
• 2:03:39
  Come to find out, the respondents mother works at the
• 2:03:42
  establishment had clearly overheard what was stated and as
• 2:03:48
  a result there was interaction between the petitioner and the
• 2:03:51
  respondents mother as a result of that, according to the
• 2:03:58
  petitioner, she claims she apologized for her behavior, for
• 2:04:02
  making her comments and for whatever reason it it didn't
• 2:04:07
  stop there. She attempted a second time,
• 2:04:09
  according to her testimony, and at that point, before the
• 2:04:17
  petitioner left the establishment, a message is sent
• 2:04:24
  here's via Snapchat and I'm going to read the whole thing
• 2:04:28
  into the record. I don't like doing this with
• 2:04:32
  with the cuss words, but it it bears repeating at 11:37 PM must
• 2:04:38
  not have anything better to do with your fucking time, huh?
• 2:04:41
  Have to go and run your mouth at the local bars.
• 2:04:44
  Small town word travels fast. Better watch what you have to
• 2:04:48
  fucking say. I don't like saying that, but
• 2:04:51
  that's the message. According to the petitioner, she
• 2:04:55
  felt threatened by that message. Responded says no, that's not a
• 2:05:01
  threatening message. So the court has to consider
• 2:05:04
  that. Fast forward to March 14, 2026
• 2:05:08
  and the court recalls the initial petition that the
• 2:05:14
  respondent's mother had claimed to have barred the petitioner
• 2:05:21
  from going back into the establishment.
• 2:05:24
  However, the initial petition also indicated that petitioners
• 2:05:30
  supervisor contacted the owner of the establishment who stated
• 2:05:33
  there was no such barring that was in the initial petition. 14
• 2:05:40
  comes along, evening hours 10:00, 10/30, whatever the time
• 2:05:44
  may be. Responded claims she's there for
• 2:05:47
  dinner. Petitioner comes in.
• 2:05:51
  Petitioner has someone with her, petitioner's boyfriend, I
• 2:05:56
  believe. I don't, I don't know if there
• 2:05:57
  were any other individuals there.
• 2:05:59
  I believe there were. They went into the establishment
• 2:06:02
  and the respondent's mother who was not working at the time,
• 2:06:08
  raises her voice, starts calling out the petitioner.
• 2:06:13
  All while this is happening, responded is in the
• 2:06:16
  establishment as well. It appears to the court,
• 2:06:21
  according to the testimony, petitioner stood up or should
• 2:06:26
  say she stayed in her spot. Respondent's mother went and
• 2:06:31
  approached her. We have alleged pushing and we
• 2:06:40
  also have the respondent, according to the petitioner,
• 2:06:46
  approach the petitioner and push her.
• 2:06:50
  That's what she said. Respondents position is I was
• 2:06:58
  minding my own business, it's really my mother and when I saw
• 2:07:05
  things were going bad, it's time to leave.
• 2:07:09
  So responded attempts to leave. She claims petitioner went to
• 2:07:14
  her, pushed her and then the melee that happens.
• 2:07:24
  Now clearly there was 1 unconsented communication
• 2:07:29
  between the parties on February 13, 2026.
• 2:07:33
  Now mind you talking about other people can cause problems
• 2:07:39
  clearly and it did in this situation.
• 2:07:42
  I don't know the details, I don't want to know the details
• 2:07:44
  of what may have been said. But apparently there was a
• 2:07:46
  private conversation between the petitioner and and a friend or
• 2:07:51
  cola. Things were said allegedly
• 2:07:55
  privately still heard by respondents mother and that
• 2:08:00
  starts it before the petitioner leaves.
• 2:08:03
  As stated, the message was sent at 11 something in the evening
• 2:08:09
  and respondents position is that's not a threatening
• 2:08:14
  message. Court takes judicial notice of
• 2:08:19
  the last sentence. Better watch what you have to
• 2:08:21
  effing say. OK, we'll leave it at that.
• 2:08:29
  Fast forward to March 14, 2026, Petitioner re enters the
• 2:08:34
  establishment and I already brought up what the allegations
• 2:08:39
  were between the parties going on and what I find significant
• 2:08:48
  to determine because it's a burden of persuasion that that
• 2:08:50
  is upon the petitioner to maintain the personal protection
• 2:08:54
  order. The response of the respondent
• 2:08:58
  is hey, look, I'm kind of caught in the middle.
• 2:09:01
  It really involves my mother. I shouldn't be a part of this.
• 2:09:03
  I just want to be out of it, which is understandable.
• 2:09:06
  But petitioner claims she never approached.
• 2:09:10
  The respondent responded in claims.
• 2:09:15
  She did approach, but she was trying to get out of the
• 2:09:17
  establishment. That's what she stated.
• 2:09:22
  Petitioner said when she was approached that respondent was
• 2:09:26
  in her face and get out of my face.
• 2:09:29
  Responded in claims that the petitioner also said that get
• 2:09:33
  out of my face. That would indicate to the court
• 2:09:36
  that the respondent approached the petition.
• 2:09:40
  Why would she state that and why would the respondent admit that
• 2:09:43
  the petitioner made that statement if the respondent did
• 2:09:46
  not get into the face of the petitioner?
• 2:09:48
  That's the second unconsceptive contact.
• 2:09:51
  Regarding pushing. Petitioner claims she didn't
• 2:09:55
  push. Respondent claims she did.
• 2:09:57
  Petitioner pushed her, but the Court takes judicial notice of
• 2:10:01
  the initial petition in the police report, which indicated
• 2:10:04
  that the reason for the alleged trauma of the respondent was
• 2:10:09
  some sort of punch that was from a third party unrelated to the
• 2:10:13
  petitioner. Court finds 2 unconsented
• 2:10:18
  contacts. Personal protection order is
• 2:10:20
  appropriate and it shall continue.
• 2:10:22
  That is all. And at least for the moment,
• 2:10:30
  that brings an end to women behaving badly with Judge Prill.
• 2:10:33
  I'll keep an eye on his court, see if he has any more hearings
• 2:10:36
  today. But that was interesting.
• 2:10:40
  Let's go to Texas and we'll see what's going on with Judge
• 2:10:44
  Stevens. Pronounce your first name
• 2:10:46
  Duratia or Duratia Williams. And Mr. Kindler is here and the
• 2:10:54
  State's attorneys are here. As you know, there's a motion to
• 2:10:57
  revoke unadjudicated probation in this cause #25 CR 425.
• 2:11:02
  Does the defendant waive a formal reading of this motion
• 2:11:06
  filed on December 12th, 2025? Can we proceed in some first
• 2:11:11
  thing we're going to do? There was an issue raised by the
• 2:11:13
  defense on the defending of some competency as to whether she was
• 2:11:20
  or was not prominent to proceed with her proceedings or the
• 2:11:27
  doctor Ed upon licensed psychiatrist to evaluate the
• 2:11:30
  defendant. He is prepared and we've
• 2:11:34
  received the report dated March 20th, 2026 finding the
• 2:11:39
  defendants could be confidence. I'm going to call this report
• 2:11:44
  towards exhibit ones On this date and it will be made a part
• 2:11:56
  of the record in this proceeding without objection.
• 2:12:17
  So I don't think, OK, it is received and we can proceed.
• 2:12:29
  In summary, raise your right hand, ma'am, do you soundly
• 2:12:32
  swear or affirm? Any statements you make during
• 2:12:33
  this hearing shall be the truth, the whole truth, and nothing but
• 2:12:36
  the truth. So help you.
• 2:12:36
  Got it. In summary, this Motion to
• 2:12:40
  revoke on Adjudicated probation filed in December of last year
• 2:12:44
  in this cause #25 CR 425 states that on July 9th of last year,
• 2:12:51
  2025, you were placed on 10 years deferred or unadjudicated
• 2:12:55
  probation for evading arrest or detention with a motor vehicle,
• 2:12:58
  a third degree felony. Is that true?
• 2:13:02
  Yes. One state, you committed the
• 2:13:03
  offensive assault of a public servant on or about October
• 2:13:06
  19th, 2025 in Jefferson County, Texas in violation of your
• 2:13:12
  probation order. Is that true or untrue?
• 2:13:18
  Did you have y'all talked? I guess she's previously heard.
• 2:13:23
  No, this is the only motion here and there's nothing on the face
• 2:13:27
  of your side would light on that.
• 2:13:29
  I wrote on mine that wait, she and her fees are not true on
• 2:13:33
  January 30th and I wouldn't put that.
• 2:13:37
  I thought, what are we doing? Is she admitting to anything
• 2:13:40
  here? And let's admit she didn't admit
• 2:13:43
  to anything back on January 30th.
• 2:13:45
  We conducted a hearing, OK, The what are we going to do today?
• 2:13:48
  Is she going to admit she's been found confident?
• 2:13:51
  I think the issue of confidence was raised prior to a
• 2:13:54
  disposition. She's been declared confidence
• 2:13:57
  and that we proceed to a disposition at this stage what
• 2:14:01
  we're trying to do So what? Are we going to do?
• 2:14:04
  My understanding is that the state presented all of its
• 2:14:07
  evidence on January 30th. I had Officer Lonic testify
• 2:14:13
  about the proof as to the assault that he occurred to him
• 2:14:19
  as well as the fleeing, and that was where the State limited its
• 2:14:23
  evidence on presentation on January thirty 30th, January
• 2:14:28
  30th, Counts 1 and two, we have video evidence that showed that
• 2:14:33
  the flame was. In this lawyer's.
• 2:14:36
  Pending obvious. And then there was the body Cam
• 2:14:40
  footage that showed where she struggled and kicked him in the
• 2:14:48
  appropriate areas alleged in the assault.
• 2:14:51
  And if necessary we can retrieve the video.
• 2:14:56
  That was. Placed in evidence to remind
• 2:14:59
  evidence. So after I passed the witness
• 2:15:02
  and Mr. Kindler was cross examining the so the defendant,
• 2:15:06
  he was raising the issues about her mental stability and out of
• 2:15:11
  caution, Your Honor ordered the examination.
• 2:15:15
  She's been determined to be competent.
• 2:15:17
  I would ask that the court let's pick up where we left off in
• 2:15:20
  that hearing. I would ask that the court made
• 2:15:22
  findings are true as to counts one and two and proceed to
• 2:15:25
  punishment. What what do you want to say
• 2:15:28
  disposition. Yeah, I think that's accurate,
• 2:15:31
  Your Honor. And then if my profession, my
• 2:15:34
  recollection got a lot better. I think while that the court if
• 2:15:37
  I could slip over an argument. So the law of the court does
• 2:15:40
  find it could be competent. Here are some indications of
• 2:15:45
  health issues that make military may be a treatment with the
• 2:15:49
  disposition of the MTRP. OK.
• 2:15:51
  Then the court will find that based upon the earlier hearing
• 2:15:59
  and this hearing and presentation of evidence
• 2:16:03
  concerning defendants competency, where the defendant
• 2:16:06
  is declared confident that the defendant pleaded true.
• 2:16:11
  To well. She didn't plead True that the
• 2:16:15
  court found based upon the evidence presented true to
• 2:16:21
  allegations one and two by a preponderance of the evidence or
• 2:16:24
  greater, that the defendant committed the offensive assault
• 2:16:27
  of public servant in honor about October 19th, 2025 in Jefferson
• 2:16:32
  County, Texas, in violation of condition one of her probation
• 2:16:36
  order. And that she committed the
• 2:16:38
  offense of fleeing a police officer on or about October
• 2:16:41
  19th, 2025 in Jefferson County, Texas, in violation of condition
• 2:16:46
  one of her unattusicated order. The court not only deems it
• 2:16:51
  meets the threshold for for ponders of the evidence, but the
• 2:16:54
  court found it true beyond a reason leveled out in each of
• 2:16:59
  these cases. So what should shall we do
• 2:17:06
  Defense. Well, you are, well, many.
• 2:17:08
  Times. Thank you.
• 2:17:09
  I think when people are faced with some people are action with
• 2:17:16
  law enforcement, they're reacting in a way that doesn't
• 2:17:19
  seem to it seems to define explanation.
• 2:17:22
  I I would observe this is all probation for a previous
• 2:17:26
  offensive of dating, of course. Of all the.
• 2:17:29
  Law enforcement now this interactive in law enforcement
• 2:17:34
  in a way that this resulted in secure activity.
• 2:17:38
  I think I don't know that the problem this exam goes into her
• 2:17:42
  mental health history rather extensively.
• 2:17:44
  She's in a position to kind of really indicate to the court why
• 2:17:47
  she seems to be triggered by interaction for the law
• 2:17:50
  enforcement. I would assert too during an
• 2:17:55
  incident now that's giving rise to the allegations of the
• 2:17:59
  interior fee. There were no there was no
• 2:18:00
  contraband found in it or there really seemed to be no rational
• 2:18:03
  explanation for her actions other than just she has.
• 2:18:08
  I don't know that I'm not an expert, but PPSD and a trigger a
• 2:18:12
  trigger in the event dealing with law enforcement.
• 2:18:14
  I'm not trying to excuse it, maybe trying to contextualize
• 2:18:17
  it, but she could maybe. Tell teleport it what what you
• 2:18:20
  have on the. Atlanta is he has changed
• 2:18:22
  actions with you. Awesome.
• 2:18:25
  No, I'm blacked out. She's mumbling.
• 2:18:29
  I can't hear you. I'm blacked out.
• 2:18:31
  I really don't even remember. I'm scared of the police.
• 2:18:36
  I'm scared of the police. That's the Is that the root of
• 2:18:39
  your troubles? You think nobody knows more
• 2:18:47
  about you than you? Let me ask you Have you ever
• 2:18:51
  been convicted of any other criminal offenses?
• 2:18:57
  Yes. Yes.
• 2:18:58
  OK. How many times I don't?
• 2:19:01
  Know. I don't.
• 2:19:04
  Know you don't know how many times you've been convicted of a
• 2:19:07
  crime twice OK is that is that your.
• 2:19:13
  Violence. Yeah.
• 2:19:14
  Twice, is it? No.
• 2:19:19
  I found that for any misdemeanors or felonies that
• 2:19:22
  are above a Class C misdemeanor above a traffic offense.
• 2:19:26
  Carlos Carlos five times. Sir, now 566 times.
• 2:19:34
  Well, we're not playing horseshoes.
• 2:19:38
  This is real life. You should know better.
• 2:19:42
  You should know more about you than why.
• 2:19:44
  Shouldn't have to correct you on that one.
• 2:19:47
  This should, but that's two 2468 actually 9 * 9 times 9
• 2:20:03
  conviction. What's that said?
• 2:20:10
  That's from 2011 through 2024 and now this one.
• 2:20:17
  You're looking at on a probation.
• 2:20:21
  I mean, I stuck my neck out on this one with this criminal
• 2:20:23
  history and it's assault, prohibited weapon, switchblade
• 2:20:30
  and brass knuckle or something. Assault, family violence,
• 2:20:34
  resisting arrest, failure to identify, driving while
• 2:20:37
  intoxicated, driving while intoxicated, resisting arrest,
• 2:20:42
  resisting arrest and surf. Those are all there are
• 2:20:47
  misdemeanors that they're still you were arrested and then you
• 2:20:50
  have to serve jail time. You every one of those were one
• 2:20:59
  was two days, one was 9 days and the rest were 60 days or more.
• 2:21:04
  Anyway, that and, you know, evading arrest has consequences
• 2:21:11
  because this is let's see. Yeah, 3 resisting arrest
• 2:21:22
  convictions before this one. So you know of evading or
• 2:21:26
  resisting are in the same family.
• 2:21:29
  They have consequences. All right, He has 83 days credit
• 2:21:34
  here. This is a third degree felony.
• 2:21:37
  So what should we do, Judge? My suggestion is a five year
• 2:21:41
  sentence. I think it's warranted by the
• 2:21:45
  criminal conduct prior to her being placed on probation.
• 2:21:49
  It's additionally warranted because of the offense.
• 2:21:52
  It was the felony offense that was committed that your honor
• 2:21:56
  saw the the video on. And frankly I still remember
• 2:22:02
  this officer test fine now two months ago.
• 2:22:06
  He showed great amount of discretion with this individual.
• 2:22:11
  He could have charged her with the same offense she was on
• 2:22:13
  probation and chose the misdemeanor offense of fleeing
• 2:22:16
  instead. I believe your Honor even
• 2:22:20
  commented on the record about that.
• 2:22:22
  Just the length of time that went with here and then the
• 2:22:27
  number of officers that it took to get her just to comply speaks
• 2:22:31
  volumes. Then if we go past that and this
• 2:22:35
  year she's had 10 different violations that she's been
• 2:22:39
  written up for in the jail that she just doesn't.
• 2:22:43
  Want to follow? Rules.
• 2:22:44
  I don't believe putting her back on probation is going to be
• 2:22:47
  beneficial for anybody, certainly not for Jefferson
• 2:22:51
  County. I think the five years would be
• 2:22:56
  appropriate. Defense.
• 2:22:58
  You know, I don't disagree with Mr. Dan's characterization of
• 2:23:01
  the officers conduct in this case.
• 2:23:02
  I think he showed remarkable discretion, nothing interacting
• 2:23:05
  with the defendant, his choice of the charges to file.
• 2:23:09
  So certainly I don't take any issue with the the officer in
• 2:23:12
  this case. He went left behind to try to
• 2:23:16
  treat Miss Whit. Treat her Miss Whit is
• 2:23:19
  appropriately. What are you suggesting we do?
• 2:23:21
  Well, I've without hearing from the professional officer.
• 2:23:24
  I don't know if they're willing to continue to supervise her.
• 2:23:27
  If there's still a chance that maybe with some sort of mental
• 2:23:30
  health intervention and they're able to mediate the issues that
• 2:23:33
  she seems to have her current law enforcement, that'll be one
• 2:23:36
  thing. If the court is inclined to
• 2:23:38
  revoke her, I'll ask the court to consider, take into
• 2:23:42
  consideration, you know, health issues and consider a lower,
• 2:23:45
  lower end of the statutory branch, anything from probation.
• 2:23:50
  No, Sir, we just didn't have a chance to really spend any time
• 2:23:52
  with her. I mean she got on probation in
• 2:23:55
  July, she got a new charges in October and but during that time
• 2:23:58
  she never told us anything about any health issues or the address
• 2:24:01
  there. So.
• 2:24:03
  Anything you want to add, ma'am? I mean, I asked my probation
• 2:24:06
  officer, but I was in Houston, so I was, I don't know who
• 2:24:12
  should have talked to the one in Houston.
• 2:24:16
  I mean, I was kind of confused. She may remember the 48 person
• 2:24:21
  well. The important thing the first
• 2:24:23
  thing you have to do is not commit another crime which you
• 2:24:26
  did twice along with the other 9 fire conditions.
• 2:24:37
  Court finds that these are new. What are you going to do with
• 2:24:40
  those two Probably a sufficient to serves on each which ones
• 2:24:45
  Judge this to me this the the October 19th.
• 2:24:50
  All right. So I have a felony offense
• 2:24:53
  that's pending for the assault on peace officer and in
• 2:24:56
  misdemeanor court we have the fleeing offense.
• 2:24:58
  Is that where it is? Yes, Sir, and I will find that
• 2:25:02
  if nothing further, there is sufficient evidence supporting
• 2:25:04
  this motion to revoke unjudicated probation at grant
• 2:25:07
  by preponderance of the evidence of greater as the court finds
• 2:25:10
  allegations one and two proven truest.
• 2:25:13
  The defendant admitted the violations and the court earlier
• 2:25:27
  in the hearing found them to be proven true not only by
• 2:25:33
  proponents of the evidence, but beyond a reasonable doubt that
• 2:25:36
  assault on a public servant and fleeing a public officer.
• 2:25:40
  Criminal violations were committed by the defendant on
• 2:25:42
  her probation. Thus, that is a violation of her
• 2:25:45
  probation order. The population is hereby
• 2:25:48
  revoked. Earlier in this case, the
• 2:25:51
  defendant had pleaded guilty to the third degree felony and
• 2:25:55
  evading arrest or detention with a motor vehicle voluntarily,
• 2:25:58
  knowingly, intelligently. That was there was sufficient
• 2:26:02
  evidence supporting her guilty pleas from State's Exhibit 1.
• 2:26:05
  You know, guilty plea from State's Exhibit 1 admitted her
• 2:26:08
  plea to support her guilty plea to find her guilty beyond a
• 2:26:12
  reasonable doubt. I had deferred any finding of
• 2:26:15
  guilt at this time. The Court is moving forward
• 2:26:18
  basing on on her violations of probation.
• 2:26:23
  I now find you guilty beyond a reasonable doubt of that third
• 2:26:26
  degree felony you had pleaded guilty to back in July of last
• 2:26:30
  year, and I find you guilty beyond a reasonable doubt.
• 2:26:33
  You were hereby sentenced to confinement in the Institutional
• 2:26:36
  Division of the Texas Department of Criminal Justice to serve a
• 2:26:39
  term of four years. You will be given credit for all
• 2:26:42
  the time you have served in accordance with this case.
• 2:26:46
  The police knew that all the zones see OK anything else and
• 2:26:54
  that is all we may be in another Cincinnati on who Homebase rings
• 2:26:59
  over. It's all What are we doing on
• 2:27:03
  Amanda? She's not here.
• 2:27:10
  OK, so on Amanda Nolan, we're going to pass on that.
• 2:27:15
  OK, So to go passing what you can do on that other.
• 2:27:18
  We'll have. Langston.
• 2:27:19
  We'll have to. Yes, Sir.
• 2:27:20
  Yes, we only broke up. Yeah, the.
• 2:27:33
  One and two, and then they're going to work.
• 2:27:36
  Out the sentence in this space. Right.
• 2:27:40
  That's what it sounds like, yeah.
• 2:27:47
  I'm almost done. This little girl.
• 2:28:01
  Yes, it's not a indicted case. It's the one you oh, this one
• 2:28:05
  you said the bond on the bond saying is there's I know, but
• 2:28:09
  this one. Yes, OK.
• 2:28:12
  You just wanted to go over and find today, all right.
• 2:28:16
  There is a matter that was presented to the court yesterday
• 2:28:22
  by the the General District Attorney's office for Jefferson
• 2:28:28
  County, Texas. And you are Charles Wilson the
• 2:28:31
  Third? Yes, Sir.
• 2:28:32
  And you were here with Mr. Amps, your attorney and the State's
• 2:28:36
  attorney. The State of Texas file a notice
• 2:28:45
  for a review of a bill decision. You had been placed on $65,000
• 2:28:54
  bond for an aggravated assault and a $15,000 bond for family
• 2:28:59
  violence and the State of Texas. The District Attorney's Office
• 2:29:06
  deems that amount is insufficient under the law to
• 2:29:11
  ensure that you will properly appear an answer before the
• 2:29:14
  court and to ensure the safety of the community and the safety
• 2:29:17
  of the victim. And for those reasons, they
• 2:29:20
  asked for a review of this bond decision.
• 2:29:24
  And the court has 24 hours to make a decision.
• 2:29:29
  And so I, the court made a decision yesterday because of
• 2:29:35
  some emergency matters that prevented all of us from getting
• 2:29:42
  together. But I had to make a decision and
• 2:29:45
  this Court did make a decision finding this order, finding this
• 2:29:54
  request in good 'cause I for good cause.
• 2:29:59
  And upon reviewing the public safety reports, the problem of
• 2:30:04
  cause affidavit, and the other documentation in this file on
• 2:30:09
  these cases, the Court raised your bonds to $100,000 in each
• 2:30:15
  cases and also ordered that if you post these bonds, you must
• 2:30:23
  remain at home. You have you would be on home
• 2:30:26
  confinement except for allowing to leave home only for
• 2:30:34
  necessities of food, medical care, and meeting with your
• 2:30:38
  attorney. And you must travel to and from
• 2:30:42
  your house in the most direct route possible.
• 2:30:44
  You must have AGPS device if you post these bonds so that you
• 2:30:49
  know so that we know where you are at all time and and to
• 2:30:54
  ensure that you're not violating these conditions.
• 2:30:59
  And also, I think those are the essential features of what the
• 2:31:10
  court did. Now what?
• 2:31:13
  Because the rule of law states I have to make a decision, we
• 2:31:17
  couldn't get together. I asked you to you and your
• 2:31:20
  attorney in the state to have a hearing today to show cause why
• 2:31:27
  and present any evidence why the court's decision should not be
• 2:31:31
  continued and enforced based upon what the court deemed
• 2:31:36
  yesterday. And I'm giving the defense an
• 2:31:39
  opportunity to be heard and to present any additional evidence
• 2:31:43
  you want me to consider. And so I will because I will
• 2:31:46
  consider modifying the bond decision if I find good 'cause
• 2:31:53
  from evidence presented. Go ahead.
• 2:31:55
  Yes, you are. You know, I specifically judged
• 2:31:57
  under 17 point O 28. Is the the state?
• 2:32:04
  Our burden show that the safety of the community and ensures its
• 2:32:07
  safety of the victim of alleged offense warrants this increase.
• 2:32:11
  Our request to review is born you honor.
• 2:32:14
  We ask that the state disclosure what we would believe to be
• 2:32:17
  Brady information as it relates to the states burden as to
• 2:32:22
  safety, the community or the safety of the victims.
• 2:32:25
  It's my understanding and I'll ask that the states it was
• 2:32:28
  closed if this is true that the alleged complainant did not want
• 2:32:33
  the bond to be increase one and that to in fact this Tuesday she
• 2:32:39
  went to the district attorney's office to have the charges
• 2:32:42
  dropped. If that is true and that would
• 2:32:45
  be Brady, that would clearly be Brady for purposes of a bond
• 2:32:49
  hearing. If she in fact went to the day's
• 2:32:52
  office to have a charge of dropped.
• 2:32:54
  And if in fact she did not seek to have this bond increase, then
• 2:32:59
  on the legal issue of of 17 point O28 safety of the victim,
• 2:33:07
  that's clearly Brady. And that would go to that
• 2:33:10
  particular, you know, that's my position.
• 2:33:12
  My position would be that that would be Brady and I would ask
• 2:33:15
  the state to disclose. Well, in fact.
• 2:33:17
  And how does, how does your client know that she went and
• 2:33:20
  did that? I didn't tell anybody because I
• 2:33:22
  don't know about that. But you know.
• 2:33:25
  Has he been in contact with the victim, which he's not supposed
• 2:33:27
  to be doing? Well, that's that's well, that's
• 2:33:29
  this. Yes, in fact it is.
• 2:33:32
  Yeah. Yeah.
• 2:33:34
  Again, if y'all want to. Conduct a hearing on your own.
• 2:33:37
  That's fine, but. But I think this is braided this
• 2:33:41
  one so the. Court's decisions even though
• 2:33:47
  the state of Texas always has the burden of proof within these
• 2:33:51
  matters because of the presumption of innocence
• 2:33:54
  standard, this court still it has its own independent access
• 2:34:01
  to the problem cause affidavit and the criminal history which
• 2:34:05
  is I am required by law to review in determining bond
• 2:34:08
  issues. That's why I made my decision
• 2:34:11
  and found that the. Bond.
• 2:34:14
  Was too low and not appropriate under the circumstances this
• 2:34:21
  court review I'm giving the defense an opportunity to
• 2:34:25
  present any evidence you and I have those two that the that the
• 2:34:28
  court will consider in whether it which it will modify my bond
• 2:34:35
  order from yesterday. Go ahead.
• 2:34:37
  What Judge Mr. Larry says that he's unaware of that, but if in
• 2:34:42
  fact that that is true? Our.
• 2:34:44
  Position is that that's Brady and that would go to the safety
• 2:34:47
  of the community and the safety of the victim.
• 2:34:48
  And I got some more evidence. Yeah, Brady.
• 2:34:50
  That's Brady our. Position the experience has been
• 2:34:54
  the this office has been very sensitive about Brady.
• 2:34:59
  We all should be. We all are.
• 2:35:02
  And I've not found them to intentionally, no, no.
• 2:35:06
  I'm not saying he's. Grady material.
• 2:35:08
  They honor their oath and conduct it responsibly, just as
• 2:35:13
  you do in your go ahead. You guys obviously asked that.
• 2:35:17
  Honestly, he can't do it now, but at some particular point in
• 2:35:20
  time, since he does not know that he'd look into whether or
• 2:35:24
  not the lady came up with the drop charges and we'd look into
• 2:35:27
  whether or not she did not pursue this.
• 2:35:29
  But I I got evidence other than that.
• 2:35:31
  But that's why. That's.
• 2:35:33
  The cold. We'll, we'll note that and it's
• 2:35:38
  in the record, but at the end of the day, the decision is in the
• 2:35:42
  executive branch of government, not her.
• 2:35:45
  Somehow, some way, she, she was a complaint somewhere along the
• 2:35:51
  line. And when that happens, then the
• 2:35:54
  executive branch of government takes over and does what it does
• 2:35:59
  under their responsibilities of the oath that they have taken
• 2:36:02
  under the Constitution, the laws that state effects in the United
• 2:36:05
  States. So I don't find that they've
• 2:36:07
  done anything inappropriate in this case except follow their
• 2:36:12
  oath. And we've had situations where
• 2:36:16
  complainants change their mind for whatever reason.
• 2:36:21
  The the worst thing that can happen, though, is if they
• 2:36:24
  change. If they decide to change their
• 2:36:29
  statements of victimization based upon influence or coercion
• 2:36:35
  or even contact on behalf of the defendant, it would be
• 2:36:40
  catastrophic for you because this court takes no prisoners.
• 2:36:48
  When that is found to be done, you cannot disrupt what this
• 2:36:55
  Constitution stands for and what the law stands for.
• 2:36:57
  And that's what happens sometimes when people behind the
• 2:37:00
  scenes try to influence others who are involved in the criminal
• 2:37:06
  process in pro and properly, that if that is done, it will be
• 2:37:10
  dealt with severe. But nonetheless, I don't have
• 2:37:14
  any reason. I don't have any information
• 2:37:18
  before me to change what the court's decision was yet.
• 2:37:22
  That's why I'm giving y'all a chance.
• 2:37:23
  You know I'm. Going to call my client as a
• 2:37:25
  witness. Charles Wilson the Third Raise
• 2:37:29
  your right hand, you solemnly swear or affirm.
• 2:37:31
  Any statements you make during this hearing shall be the truth,
• 2:37:34
  the whole truth, and nothing but the truth.
• 2:37:36
  So help you God. Yes.
• 2:37:38
  Speak out. Yes, Sir.
• 2:37:40
  All right, go ahead. Thank you.
• 2:37:42
  Mr. Wilson, you understand that I'm not going to ask you any
• 2:37:45
  questions at all about the facts for this particular office and I
• 2:37:49
  ask you nothing. But if you understand that yes
• 2:37:52
  Sir, you understand on our rules and evidence that you testify on
• 2:37:54
  a preliminary matter does not subject to the cross examination
• 2:37:58
  for any other issues. The only question that I'm I'm
• 2:38:02
  asking you all about is for financial.
• 2:38:07
  Abilities right before you get through.
• 2:38:10
  I don't think that's the. Accurate I think.
• 2:38:11
  I can cross examine him on any issue as part of the part of the
• 2:38:15
  the rules or part of the reason the judge made his decision was
• 2:38:19
  on the safety of the community. So I can talk to him about the
• 2:38:21
  offense. So before you put him up there,
• 2:38:24
  you better, you better get him, get him ruling.
• 2:38:26
  I don't judge, I don't think that he's subject to cross
• 2:38:29
  emulation. All I'm asking any questions is
• 2:38:31
  about his basic income and his ability for a 65,000 on the
• 2:38:35
  bond. And asking about his income has
• 2:38:37
  nothing to do with whether or not he committed family violence
• 2:38:41
  against this lady. And I think it does the issues
• 2:38:45
  on Bond for the ability to follow the bond conditions and
• 2:38:51
  whether his release would be a safety to the community or and
• 2:38:55
  or the victim or others. They can go anywhere because
• 2:38:59
  because part of the bond conditions is not to put.
• 2:39:03
  Or. Include not to commit first
• 2:39:06
  thing, don't commit another offense, but it's it opens the
• 2:39:12
  you could possibly open the door for the sucking matter to be
• 2:39:15
  allowed. Yeah, well, I got to take a
• 2:39:23
  break. No, right now.
• 2:39:25
  Standby. I'll be right back.
• 2:39:27
  Thank you. OK friends, TCF live Super
• 2:39:48
  Friday got what about an hour and 20 minutes or so to go
• 2:39:53
  Wahoo, thank you for your $2.00 super chat.
• 2:39:55
  Appreciate that Wahoo, the newest member to our our team of
• 2:40:00
  mods by the way, so. You know, everybody behave
• 2:40:03
  yourselves because I hear Wahoo has a quick trigger finger and
• 2:40:07
  you might find yourself in time out.
• 2:40:10
  Oh, golly. Geez.
• 2:40:12
  Where to where to? Let's go.
• 2:40:22
  Allegan County, Michigan Judge Burnett, Truancy I.
• 2:40:30
  I've. Received information from the
• 2:40:32
  attorneys. That.
• 2:40:34
  This Mollus is demanding her jury trial, so we will conduct
• 2:40:38
  their settlement. First of all, I have reviewed
• 2:40:41
  both of these files. I've been involved in them and
• 2:40:46
  it's the course understanding that this point in time we have
• 2:40:51
  no loose ends and we are ready to go to.
• 2:40:57
  Trial. On the 2.
• 2:40:58
  Counts of truancy the. Named victims.
• 2:41:03
  In this case. Are Leila malice and Talent
• 2:41:08
  Malice? Mr. Velar, from your office.
• 2:41:12
  We'll be trying this. Case.
• 2:41:15
  I will, Your Honor. OK.
• 2:41:18
  And Mr. Velar, do you know if the victims?
• 2:41:23
  Will be. Present for trial.
• 2:41:26
  I don't think we have brought the victims and I don't think
• 2:41:30
  that would be appropriate actually, unless the court
• 2:41:32
  requires them. We have the school and school
• 2:41:36
  liaison officer to testify as to the missing days.
• 2:41:41
  OK. So you do.
• 2:41:42
  Have your witnesses and you have everyone that.
• 2:41:45
  You. Believe would be necessary in
• 2:41:48
  order to prove your case. Yes, OK.
• 2:41:51
  And they've all been subpoenaed and they're all ready to be here
• 2:41:57
  next week. That is my understanding, Judge.
• 2:42:00
  They're ready. OK.
• 2:42:03
  Are there any other? Witnesses that you.
• 2:42:04
  Intend to call. No.
• 2:42:09
  Any exhibits that you intend to use for trial?
• 2:42:12
  Yes, we've turned over the exhibits that we intend to use
• 2:42:17
  for trial and discovery. They would include.
• 2:42:21
  Let's see if I can find them on here.
• 2:42:24
  We have attendance records, attendance logs, we have
• 2:42:32
  attendance contracts. There's three separate
• 2:42:34
  attendance contracts, parental behavior letter that we have.
• 2:42:39
  So yes, we've turned those all over as well, OK.
• 2:42:43
  And. Was an offer.
• 2:42:45
  Of. Settlement made to municipal
• 2:42:47
  from on her client's. Behalf.
• 2:42:50
  Yes, there was. There was a offer that we had
• 2:42:51
  hoped would resolve the case, but it was not able to resolve
• 2:42:55
  the case. Would you be?
• 2:42:58
  Willing to tell the court what that offer was?
• 2:43:01
  Yeah. Our offer was to allow Miss
• 2:43:03
  Molas to plead no contest to 1 count of truancy.
• 2:43:08
  In exchange, we would dismiss a second count of truancy.
• 2:43:11
  We would dismiss the case of contributing to delinquency of a
• 2:43:15
  minor and we would dismiss the companion family law cases going
• 2:43:24
  on in the family law court, and they refused.
• 2:43:28
  To. Accept that offer and Miss
• 2:43:31
  Wolfram you. Convey.
• 2:43:32
  That offer to your client. I did, your honor.
• 2:43:35
  OK. And she is rejecting that.
• 2:43:38
  Yes, unfortunately, Your Honor. And is there any sort of counter
• 2:43:42
  offer that Miss Malas would be willing to accept?
• 2:43:53
  I suppose if there was further discussion regarding limiting,
• 2:43:59
  you know, potentially like a defer, like a deferred plea or
• 2:44:05
  something like that, where, you know, if she completed some
• 2:44:07
  version of, you know, community service or something like that
• 2:44:11
  and we were able to, you know, dispense.
• 2:44:15
  But I mean, I just, I want to be honest with the, the court, my
• 2:44:20
  client is going to, based on the orders of the other court, have
• 2:44:23
  to continue to interact with the school.
• 2:44:26
  And obviously the custody case will continue regardless of, you
• 2:44:30
  know, all of this. And unfortunately, because of
• 2:44:33
  those outstanding issues, that is why I'm, I'm very reluctant
• 2:44:36
  and my client is very reluctant to accept offers of, you know,
• 2:44:41
  responsibility or liability where she doesn't, you know,
• 2:44:45
  fully believe that she has criminal liability because of
• 2:44:50
  the continued exposure and, and the detriment to her children.
• 2:44:55
  So an offer was made for one misdemeanor and three
• 2:45:03
  misdemeanors would be dismissed. Also, a neglected abuse case
• 2:45:07
  would no longer continue to proceed.
• 2:45:12
  And she is declining that offer because she has a domestic
• 2:45:23
  matter going on and she would rather have two separate trials
• 2:45:30
  on 4 misdemeanors as well as maintaining a a case in.
• 2:45:37
  Family. Court on a neglected abuse
• 2:45:39
  matter. Is that accurate?
• 2:45:41
  Or, your Honor, she doesn't want any of these things, but.
• 2:45:45
  Unfortunately, I understand. But that that's the election.
• 2:45:47
  That she's making, she is. She wants the opportunity to
• 2:45:50
  demonstrate to the court that she is not guilty of criminal.
• 2:45:52
  Behavior, Your Honor. OK, Miss Wolfram, have you
• 2:45:59
  received all the exhibits that Mister Velar has indicated?
• 2:46:04
  I have, yes, I believe so. The the attendance contracts and
• 2:46:07
  this I, I think he called them school reports.
• 2:46:09
  I'm not entirely sure, but I did receive all of the information
• 2:46:12
  that both Mr. Blair and Mr. Velar have indicated they've
• 2:46:15
  sent to me with from the school. OK.
• 2:46:20
  You have any witnesses for the defense?
• 2:46:24
  I, I, I believe at this point I had thought that she was going
• 2:46:29
  to be part of it, but I think perhaps Deputy Kefaber's
• 2:46:32
  testimony will be important regarding the days.
• 2:46:35
  And then I, I may have to call somebody from this school as
• 2:46:40
  well. And then Aaron Lord.
• 2:46:45
  And that's in reference to the truancy case, correct?
• 2:46:48
  Yes, because the counselor provided some of the excusal
• 2:46:52
  letters which will be an issue whether the I mean it's an issue
• 2:46:56
  whether the a day is excused or unexcused.
• 2:46:58
  And she provided those letters. So I would need her unless the
• 2:47:01
  unless Mr. Villar is stipulating because she did write a letter
• 2:47:05
  so she didn't have contact. If we can stipulate to the
• 2:47:07
  letter, I wouldn't need her. So any of your proposed
• 2:47:14
  exhibits, have they even provided?
• 2:47:16
  To the people. Yes.
• 2:47:19
  No. The letter from Aaron, that
• 2:47:22
  would be the letter from Aaron. I also provided homeschool
• 2:47:26
  records and I know we filed, we refiled the proof of service on
• 2:47:30
  that when the court couldn't locate it the other day.
• 2:47:32
  So my client also was homeschooling concurrently, so
• 2:47:36
  she provide we provided those records.
• 2:47:39
  The excuse, a letter from Miss Lord, from Amplified Life, and
• 2:47:44
  then I don't intend to offer it as an exhibit, but I did provide
• 2:47:48
  the transcript from the abuse and neglect proceeding where the
• 2:47:53
  matter of truancy was already testified to on the record.
• 2:48:31
  Well, I'm sitting here scrolling through, trying to find the next
• 2:48:34
  thing, and then all of a sudden, he cuts his feed.
• 2:48:37
  Oh, well, All right, Let's go back to Judge Stevens.
• 2:48:40
  He's back in court. Although he's muted, let's give
• 2:49:35
  him a minute, see if he fixes that.
• 2:49:40
  If they're working. Well, we're waiting on that.
• 2:49:42
  Let's get to something else. We can do ours.
• 2:49:44
  Go ahead. Mike's not here.
• 2:49:48
  Let's get here real quick. What are we doing?
• 2:49:52
  We have Zion Hartman doing hey, what?
• 2:49:55
  Are we going to do? What are we doing?
• 2:49:59
  She's. Called Harman.
• 2:50:04
  Yeah. It's all
• 2:50:29
  good. OK.
• 2:50:39
  Zion Harman, 24 CR 83, is called and there's a motion to revoke
• 2:50:49
  on adjudicated probation here. You'll hear with Mr. W, your
• 2:50:51
  attorney and the state's attorney.
• 2:50:55
  What are we? You had pleaded true earlier in
• 2:50:57
  March, on March 20th, so that's just the other day failing to
• 2:51:03
  report and bring himself in for state intermediate sanction
• 2:51:09
  facility as directed. Anyway, what are we doing, Your
• 2:51:13
  Honor? Since then, I believe he has
• 2:51:15
  done everything he's supposed to do, but I'll defer to this.
• 2:51:17
  Day and all that. Judge, it's my understanding
• 2:51:20
  that he was it was held in abeyance and he was ordered to
• 2:51:23
  go to ISF and I could defer to probation.
• 2:51:26
  But she does say that he he has been successful since in
• 2:51:31
  completing ISF and since completing ISF.
• 2:51:36
  What we do? If you want to, go ahead and.
• 2:51:40
  Miss it because he had been doing well.
• 2:51:42
  He's on probation right now for 24.
• 2:51:47
  Yes, Sir. OK.
• 2:51:48
  So this motion to revoke unadjudicated probation is send
• 2:51:51
  me something out. Yeah.
• 2:51:53
  Yeah. Keep my operation.
• 2:51:54
  That is all on April Francis, who's here on that from
• 2:52:07
  probation. April France.
• 2:52:11
  It's a review. Probation review.
• 2:52:14
  Nobody. Nobody at all.
• 2:52:17
  You know, she was here just. About to go here on it.
• 2:52:19
  She was here a minute ago. She's presumably stolen.
• 2:52:23
  Well, when who is it? OK well, they can hear what you
• 2:52:28
  have then I've got I've got Kevin Walker to deal with.
• 2:52:34
  But I'm going to get this other DeMarcus Meyer where we, yeah.
• 2:52:51
  He's the one. DeMarcus Meyer, we're going.
• 2:52:55
  To. Ask that he be released back on
• 2:52:57
  the probation. OK, who's here on that?
• 2:53:01
  That's the mistake. You released one.
• 2:53:08
  Thank you. No, I think.
• 2:53:09
  It was me. Not without a plan, Miss
• 2:53:10
  Belarus. I got My name is Lady Mike at
• 2:53:13
  probation. You come home with you.
• 2:53:16
  Sure. I'll stay there.
• 2:53:19
  I don't have. Any room.
• 2:53:34
  One up 234765 is called the Marcus Meyer.
• 2:53:38
  That's you. Is that you, Sir?
• 2:53:42
  OK. You were here with your
• 2:53:43
  attorney, Mr. Turk, and the state's attorney.
• 2:53:47
  What are we doing today? There's a first amended motion
• 2:53:49
  to revoke unattjudicated probation.
• 2:53:51
  Yes, Judge my understood. Well, yeah, original 1 was filed
• 2:53:54
  back to what are we going to do today asking that he be released
• 2:53:56
  back to his probation status. What we're going to do is no is
• 2:54:00
  he admitting to this or not? Then we're having a hearing.
• 2:54:04
  We're not going to do anything before that hearing.
• 2:54:06
  Yeah, well, except we're hearing.
• 2:54:09
  We have a hearing. Yeah.
• 2:54:10
  The the main thing is he's not following his spindle top plan.
• 2:54:14
  And before he's ever released anything, we need to make sure
• 2:54:16
  that he understands to take his medications.
• 2:54:18
  If when we get there, when we do the the hearing, we'll we'll,
• 2:54:21
  we'll determine what we're going to.
• 2:54:22
  Is this boring you, Sir? No, Sir.
• 2:54:26
  He's, he's frustrated. He's frustrated at all.
• 2:54:30
  I'm prepared for anything that's not coming my way.
• 2:54:33
  I'm living by my faith. Uh huh.
• 2:54:36
  Well, we. The important thing is you also
• 2:54:39
  live by the law as well. I do.
• 2:54:41
  I've been breaking out of these laws, I said.
• 2:54:42
  You're presumed in, so. OK, well, all right.
• 2:54:46
  What are we going to do today for you, Judge George?
• 2:54:48
  I'm going to have to get his medical records from Spin on
• 2:54:50
  top, so OK, We're not going to do it right now.
• 2:54:52
  No, Sir. Y'all are ready for hearing.
• 2:54:53
  Sir, I need to. Can you?
• 2:54:54
  Because it's just been in jail and we don't want records.
• 2:54:57
  And we're going to ask for a bond.
• 2:54:58
  Considering he's been largely compliant with his probation,
• 2:55:02
  when can you be ready for you? I don't have them as soon as
• 2:55:04
  they can give me a. Medical refugee.
• 2:55:05
  I don't I can't make Dick. There's the problem.
• 2:55:08
  The bonds going to be high because he's alleged to not
• 2:55:12
  participate. He's not actively participating
• 2:55:15
  in treatment. It's pneumatops, which is a key
• 2:55:17
  thing to everything. These are these are allegations
• 2:55:19
  5 and 6. Yes Sir.
• 2:55:21
  My understanding is reason that the state filed this is because
• 2:55:23
  he was a purpose of interest in the case of his failed to
• 2:55:27
  actively participate in treatment.
• 2:55:29
  That allegation is that he didn't go to the treatment.
• 2:55:31
  He missed one appointment. It says on February 4th and
• 2:55:35
  February 19th. Yes.
• 2:55:37
  That's two appointments, isn't it?
• 2:55:40
  The next day, Judge. And I'm sorry, those important,
• 2:55:45
  they're necessary. Judge.
• 2:55:48
  He's been there every day. It's two times.
• 2:55:50
  Y'all ready? Taking his medication.
• 2:55:52
  I've been. Taking it at the jailhouse.
• 2:55:57
  OK, There's a, there's an issue, a fact issue.
• 2:56:00
  When can you be writing on business?
• 2:56:03
  What are we doing next week? How long would it take you to
• 2:56:11
  get those? But they're right.
• 2:56:12
  There aren't. They.
• 2:56:13
  Yes, they are Judgment I. Can't.
• 2:56:15
  I mean, I I can ask the state to subpoena them to maybe make it
• 2:56:17
  faster, but I don't dictate when they give me the record.
• 2:56:21
  How much time are you asking for?
• 2:56:22
  One month. I it's going to have.
• 2:56:24
  To be in late May. Sorry, hear it.
• 2:56:27
  I leave in two weeks and I will be gone for.
• 2:56:30
  April. All right, OK.
• 2:56:35
  If I get a bathroom. I'll let the court know that I
• 2:56:38
  don't know. When there was a.
• 2:56:39
  Synonym I'm asking that he'd be able to go back out from
• 2:56:42
  probation status and. Yes.
• 2:56:45
  All right, he's been largely compliant.
• 2:56:47
  He's bidding for it. He's he's compliant.
• 2:56:49
  These allegations are very disturbing.
• 2:56:50
  The treatment is and first of all, it's an assault by that was
• 2:56:56
  an assault. I'm sorry, what my understanding
• 2:56:59
  is the 1st and 5th allegations were abandoned.
• 2:57:01
  The second and third, possibly the 4th are the ones that held
• 2:57:04
  in the base to report from 2024. We found the reports and failed
• 2:57:09
  to immediately report the probation offices sort of and
• 2:57:12
  he's and he's been he was since sailing to participate or rehab
• 2:57:16
  Center for spindle conflict. OK and on the state who's on
• 2:57:19
  this one Mr. Laird on this he's saying that there are two of
• 2:57:24
  these allegations are to be abandoned.
• 2:57:26
  Is that why the 1st and 5th according to the notes I have
• 2:57:29
  and what's been given me were abandoned?
• 2:57:30
  That was that was in previous hearing that we had because
• 2:57:33
  we've had laundry plan before yes, so one and five are to be.
• 2:57:37
  Abandoned all going to be Jeopardy for the same time.
• 2:57:45
  That's what there were some notes on one of the previous
• 2:57:51
  hearings that you had where that was true.
• 2:57:54
  Judge, thank you notes. Mr. Turk showed me those notes
• 2:58:01
  earlier. It's OK.
• 2:58:05
  So I have on the original motion a plea approved is two and
• 2:58:13
  three, right? So one in four has been one
• 2:58:17
  because 5 is the first amended. Then the first amended rolls
• 2:58:20
  around on March 4th, one in four.
• 2:58:23
  So yes, 5 is five and six are the ones that were after six are
• 2:58:26
  just last month. We're up on this time.
• 2:58:28
  Good. Two times that.
• 2:58:29
  He's missed out of the week in attendance status.
• 2:58:31
  They're saying that one of those five and six, one of those
• 2:58:38
  doesn't have a basis that he's sorry.
• 2:58:40
  Abandoned this one of the. Clean up this judge.
• 2:58:42
  It was the first. Should.
• 2:58:43
  Have been 1:00 and 4:00. Because five and six we just
• 2:58:46
  filed. So we couldn't have abandoned.
• 2:58:47
  Those back in the last. Year OK by my mistake judging.
• 2:58:50
  My mistake. So he he failed to participate
• 2:58:54
  in treatment to spindle top on February 4th and February 19th,
• 2:58:58
  correct. How often does he go 2?
• 2:59:00
  Twice the follow. Ups are supposed to be every
• 2:59:02
  three months. Man.
• 2:59:04
  Every three months. I think he goes a day.
• 2:59:06
  What's this he? He failed to go on February 4th
• 2:59:08
  and then two weeks later. The fourth was a a an
• 2:59:11
  appointment and then they rescheduled it to the 19th and
• 2:59:14
  he missed that 19th, OK. OK, why'd you do that?
• 2:59:19
  I didn't miss the published guys.
• 2:59:20
  I don't know what happened over and Sir.
• 2:59:23
  I was over and got a over. She wasn't able to.
• 2:59:26
  Make it over. What time do you have to be
• 2:59:29
  there generally? Is he asking me?
• 2:59:32
  Yes, he's. Asking you that day.
• 2:59:34
  I thought it was like I think maybe 2?
• 2:59:36
  OK. Hold on, but the problem is not
• 2:59:40
  just dismissing just he's I don't believe he's taking his
• 2:59:42
  medications was the main problem and that's when he starts
• 2:59:45
  getting into well, that's part of the treatment plan.
• 2:59:48
  It says not following through the spindle tots active
• 2:59:50
  participate in treatment through he missed currently everybody
• 2:59:55
  he's just missed once, right, Essentially yes.
• 2:59:58
  What, so it's just as well essentially yes or no?
• 3:00:02
  He was late. Apparently, but I think he went
• 3:00:04
  back to try to do it the next day.
• 3:00:06
  But it's essential that when he misses those we know that he's
• 3:00:08
  not taking what he's supposed to be doing.
• 3:00:10
  Part of the reason I want to but it says failed to act with
• 3:00:13
  practitioner the treatment if it's one time, I mean two years
• 3:00:22
  if if how long has he been doing this when he.
• 3:00:26
  Was placed with me back on. April the 8th of 2025.
• 3:00:34
  A year, yes. OK, OK.
• 3:00:35
  How many treatments has he missed that just this one?
• 3:00:39
  Yes, because their spindle top system did go down because they
• 3:00:42
  were hacked. So at one point they were just
• 3:00:45
  trying to get everybody. They kept pushing everybody's
• 3:00:47
  appointments. Back.
• 3:00:48
  Oh, so I. Don't I don't know what actively
• 3:00:52
  participates means. He's also been told by his
• 3:00:54
  provider to have to verify we have still want to move forward
• 3:01:00
  on the motion. Yes, Sir.
• 3:01:02
  I OK, that's OK. I'm going to grant him some
• 3:01:06
  relief on a bomb. Yes, Sir.
• 3:01:08
  But you got to. We're going to.
• 3:01:09
  I'm going to let you. I'm going to release you.
• 3:01:14
  Can you pay attention to me, please, Sir?
• 3:01:16
  You know what it feels like when you don't seem to be interested?
• 3:01:20
  I'm just. And I'm doing my speaking here
• 3:01:22
  because I'm, I'm going to make orders of the court that you
• 3:01:25
  have to follow, that you're going to be held in custody.
• 3:01:27
  If you don't, then I just want to make sure that later on to
• 3:01:30
  go, I didn't hear you because I wasn't paying attention.
• 3:01:35
  I'm going to release you on a personal cognizance box.
• 3:01:39
  You have to follow all terms and conditions of probation, which
• 3:01:42
  includes this actively participating in the treatment
• 3:01:47
  through spindle top as required. All right, I'm going to reset
• 3:01:51
  this hearing though, in four weeks.
• 3:01:53
  OK, four weeks. I'll fill it with Bret's back.
• 3:01:56
  OK. Yeah.
• 3:01:57
  And we'll see where we are on all of this.
• 3:02:01
  But once again, a failure on probation, your probation can be
• 3:02:05
  revoked. You could be found guilty and
• 3:02:07
  sentenced up to 10 years in prison.
• 3:02:08
  You don't want that, right? I wouldn't.
• 3:02:11
  All right. Are you going to follow?
• 3:02:12
  All the rules just thank you. Okie dokie friends thank you.
• 3:02:19
  We made our goal today. Lindsay gets out of her
• 3:02:21
  competitive streak 999 and 199. Ashley $2.00 Wahoo too and great
• 3:02:27
  granny too. Thank you guys got us over the
• 3:02:29
  goal. So here's how this is going to
• 3:02:31
  work on Monday. Going to drop an e-mail in the
• 3:02:36
  chat here in a second YT at courtroomfiles.com.
• 3:02:40
  That is the public e-mail address so anybody out there can
• 3:02:43
  use it. This is not just a member only
• 3:02:45
  thing, but I need to get photos from you this weekend.
• 3:02:50
  I need them like like by late Sunday afternoon so I have time
• 3:02:54
  to put stuff together. Make sure you identify in the
• 3:02:58
  e-mail who you are and if you send me multiple pets, make sure
• 3:03:03
  that I know what each pet's name is.
• 3:03:07
  Or if you just said one pet, make sure I know what the pet's
• 3:03:09
  name is. You can send as many photos as
• 3:03:11
  you want, but I need it by like like late Sunday afternoon.
• 3:03:16
  So I've got time to put stuff together and I'll put together a
• 3:03:18
  slideshow type of thing is what I'm envisioning that I'll run
• 3:03:21
  during the 4th hour on Monday. So that's open to anybody out
• 3:03:24
  there listening right now cuz y'all, y'all earned that and we
• 3:03:27
  love our pets here. So let's show them off again YT
• 3:03:31
  at courtroomfiles.com and I'll drop that in the chat.
• 3:03:34
  Just send stuff there and, and we'll share.
• 3:03:38
  We will share our pets with each other on Monday.
• 3:03:42
  Thank you so much guys. Appreciate it.
• 3:03:44
  Let's let's go back to Judge. Term of not more than 20 years
• 3:03:49
  or less than two years in prison.
• 3:03:50
  In addition, finally be assessed not to exceed $10,000.
• 3:03:54
  Do you understand? Yes.
• 3:03:57
  Do you understand? Yes.
• 3:03:58
  An agreement's been reached. You would be pleading guilty,
• 3:04:02
  sentenced to four years in prison to run, confirmed with
• 3:04:04
  other cases. Is that your understanding?
• 3:04:07
  Yes. If I follow this, you have no
• 3:04:08
  right of appeal. Do you understand how do you
• 3:04:11
  plead to this? How do you plead to this guilty
• 3:04:14
  or not guilty? Are you pleading guilty
• 3:04:17
  voluntarily and because we are guilty show you what's marked
• 3:04:23
  Exhibit 1 here. Did you sign that voluntarily
• 3:04:26
  understand it, discuss it with your attorney.
• 3:04:28
  Is everything true and correct States Exhibit 1 hinders without
• 3:04:32
  objection admitted the states you're mentally competent to
• 3:04:35
  enter your guilty plea. It's freely and voluntarily made
• 3:04:38
  you know what you've been charged with the indictment with
• 3:04:40
  you branding if you were guilty of the crime charges and the
• 3:04:42
  name Blesser included offenses and you while giving up your
• 3:04:45
  rights to a jury trial. The rights to the appearance of
• 3:04:48
  consultation, cross examination of witnesses totally satisfied
• 3:04:51
  with the representation provided by the lawyer.
• 3:04:53
  All true so help you God. Brad states exhibit 1 presented
• 3:04:58
  and it is admitted into evidence without objection.
• 3:05:01
  Presentence report is away. I will follow the secret I'm
• 3:05:06
  going to find you of pleading guilty voluntarily.
• 3:05:08
  You are mentally competent to do that.
• 3:05:10
  You understand and appreciate the consequences of pleading
• 3:05:12
  guilty. There's sufficient evidence
• 3:05:16
  supporting your guilty plea from Stacy Exhibit 1 admitted here to
• 3:05:19
  find you guilty beyond a reasonable doubt of this
• 3:05:21
  offense. I now find you guilty.
• 3:05:22
  You'll be segmented your felony of assault on a peace officer
• 3:05:28
  and I'm following this agreement.
• 3:05:30
  You were here by sentence to confinement in the insufficient
• 3:05:32
  division. Of the Texas Department.
• 3:05:34
  Of criminal justice to serve the permanent use in this case, you
• 3:05:38
  will be given status at all times you have served in
• 3:05:40
  accordance with this case. Do you understand what has
• 3:05:42
  happened today? That is all.
• 3:05:45
  Thank you. I have a a dismissal on Patrick
• 3:05:52
  Pittman, 2607. Mr. Ham is presented to us On
• 3:06:02
  this date. It is signed and granted.
• 3:06:13
  Yes, what are we? What are we doing?
• 3:06:23
  I think we're going to. Just I look back at Rule 104 and
• 3:06:27
  if as long as he sticks to financial, I cannot cross
• 3:06:29
  examine him on the offense unless he talks about the
• 3:06:32
  offense. OK, So what are we?
• 3:06:33
  I'm just going to ask a quick financial question that we can
• 3:06:36
  let you make the decision. Whatever it's going to be, it'll
• 3:06:38
  be super fast. And this is.
• 3:06:53
  The State of Texas has requested a review.
• 3:06:55
  Of yes, all right. All right.
• 3:06:58
  Did you? I'm not going to ask you
• 3:07:00
  anything about the facts of the case.
• 3:07:02
  Don't tell me nothing. About the facts of.
• 3:07:04
  The case, right, you got me. The only thing I'm asking you is
• 3:07:07
  a money question. That's it.
• 3:07:08
  You have to do with money. I can't say nothing about the
• 3:07:10
  case. You got me?
• 3:07:11
  Yes, Sir. All right, so.
• 3:07:13
  You understand that Judge de Lune, who initially set this
• 3:07:17
  bond, I think he said a $65,000 bond and 15 a $15,000 bond,
• 3:07:22
  right? All.
• 3:07:23
  Right. So if you go to a bail bonds,
• 3:07:25
  when they charge you 10%, that'll be 6500 and it's 1500,
• 3:07:30
  it would be a total of $8000, right?
• 3:07:33
  Right Now, do you have $8000 in any bank account anywhere?
• 3:07:37
  No, Sir. Do you have $8000 that you could
• 3:07:40
  borrow from anybody anywhere? No, Sir.
• 3:07:42
  Do you have $8000 worth of property that you could sell and
• 3:07:46
  and and make this bond $8000? Do you have that anywhere?
• 3:07:50
  At the time. That you went to jail?
• 3:07:54
  Did you have a minimum wage job working at church's fried
• 3:07:57
  chicken? So basically working at church's
• 3:08:00
  fried chicken minimum job, you would probably qualify for some
• 3:08:04
  kind of a federal financial aid or something, right?
• 3:08:07
  And then as far as a house, apartment, home.
• 3:08:10
  You don't own that. You live with your Mama, right?
• 3:08:13
  So as far as the bond being sufficient for you being able to
• 3:08:19
  appear in court, actually the judge could lower that bond from
• 3:08:24
  65,000 to a lower number because specifically under the.
• 3:08:29
  Rules. When the state of Texas asked
• 3:08:32
  for a bond review and the court pointed out in the prior
• 3:08:36
  hearing, the court could actually determine that the
• 3:08:38
  resisting bond is excessive. So based upon what I read in the
• 3:08:42
  court reporters notes, Judge Stevens can stated that $65,000
• 3:08:48
  bond is excessive because of your financial situation, is
• 3:08:53
  that right? So at the end of the day, I told
• 3:08:55
  you I wasn't going to ask you anything about the case, right?
• 3:08:58
  And I didn't ask you one thing about the case, right?
• 3:09:01
  But in terms of MONEY, $65,000 bond would be excessive for a
• 3:09:08
  man who doesn't have a job, he lives with his Mama, he has no
• 3:09:12
  property that could be sold. And I think, you know, I let ask
• 3:09:16
  for to take judicial notice. I think his age is. 20 what?
• 3:09:19
  20 what? 23 years old?
• 3:09:22
  So a 23 year old man? No job?
• 3:09:24
  No, when I when I say no job. You can't work at Church's
• 3:09:27
  Chicken if you're in jail. Right now, right?
• 3:09:29
  So you lost the church's chicken job, which is a minimum wage.
• 3:09:32
  Job. Right.
• 3:09:34
  And at Church's Chicken, you basically.
• 3:09:35
  Frying. Chicken and doing stuff like
• 3:09:37
  that that right. So are you asking the court to
• 3:09:40
  do what it can do, which is? Lower the 60. $5000 bond to
• 3:09:45
  let's say 10,000. He can lower it you.
• 3:09:50
  Understand that. Right.
• 3:09:52
  That's all. I actually, I told you I want to
• 3:09:53
  actually listen about the case. Anything to say not on the
• 3:09:56
  financial goods I find the anything else I find the bond
• 3:10:03
  the setting that the court made based upon his criminal history
• 3:10:07
  and the problem will cause affidavit the circumstances to
• 3:10:10
  be fair and appropriate under these circumstances and I denied
• 3:10:15
  the request and we will set this for.
• 3:10:19
  I don't think it's been indicted, so yeah, once it.
• 3:10:22
  I guess there's an. It's been.
• 3:10:23
  Received It's coming up. OK, when the indictment comes,
• 3:10:26
  we'll try to get a setting as soon as possible and then you
• 3:10:29
  can re submit your request. Thank you.
• 3:10:37
  Thank you. All right, let's go to Calvin
• 3:10:39
  Walker. Thank you.
• 3:10:43
  Morning, Judge. Hello, Sir.
• 3:10:45
  Thank you for waiting. Yes, Sir, I think it's bad.
• 3:10:52
  All right, it's. Something's on.
• 3:10:55
  Who's here from the state? Anybody.
• 3:10:57
  You're Mr. It's just like that. This is a review.
• 3:11:03
  This one comes from where of status.
• 3:11:06
  The court has received a report from Miss Hunter in this case on
• 3:11:16
  the status and. Can I bring them to the back of
• 3:11:19
  you on my? Thank you, Jeff.
• 3:11:24
  A report stating that the defendant is has limited income
• 3:11:31
  and as of today has paid $13,132.25 to restitution for
• 3:11:38
  the Beaumont Independence school districts.
• 3:11:41
  But over $1 million still remains to be paid on this
• 3:11:45
  restitution. And I want to ask how we doing
• 3:11:50
  on trying to raise our monthly installments.
• 3:11:58
  Is Mr. Walker able to pay more while while we are awaiting the
• 3:12:04
  appeal decision from the appellate court?
• 3:12:07
  Correct. Go ahead, judge.
• 3:12:11
  One thing, I don't know how we're going to do it, but he has
• 3:12:13
  not been credited for those properties.
• 3:12:15
  I don't guess that he signed his deeds for a couple months ago.
• 3:12:19
  Did you go out? I don't, but just I noticed that
• 3:12:23
  when I heard that amount, so I raised that.
• 3:12:26
  He's got another $1000 for this month's payment.
• 3:12:30
  He. Recently started working with
• 3:12:33
  one of the home contractor insurance companies and he
• 3:12:38
  actually got a couple jobs. I think it was Home Shield, but
• 3:12:41
  it might have been the other one we discussed Choice Home.
• 3:12:44
  Yes, Sir. It was one of those two, I
• 3:12:46
  forget which one, but then that's actually been interrupted
• 3:12:49
  a little bit. He's had some sort of heart
• 3:12:51
  issue going on. I believe Miss Hunter has
• 3:12:54
  documentation. Of.
• 3:12:56
  His doctor's name and appointments that he's got,
• 3:13:01
  they're not sure if it's it's not a heart attack, but they're
• 3:13:05
  basically doing stress tests on his heart and trying to figure
• 3:13:07
  out what's going on. Which is interrupted to work for
• 3:13:11
  a few weeks. Now, is or is Mr. Walker able to
• 3:13:17
  pay more than $1000 a month? That's not Not this month.
• 3:13:21
  No, that's for sure. What about next month?
• 3:13:26
  I couldn't tell you, Judge. OK.
• 3:13:30
  All right. I don't want to mislead the
• 3:13:32
  court in any way. As far as your statement he's
• 3:13:34
  going to be given, he will be allowed credit for all.
• 3:13:37
  Yes, Sir. It's allowed by law.
• 3:13:40
  And those properties, I'm not sure where they are in the
• 3:13:43
  process, but the order was met. Those properties are, are I
• 3:13:48
  think in the hands of the Beaumont Independence School
• 3:13:51
  District to do as they wish and he would be given credit for
• 3:13:55
  fair market value for them. But I'm concerned, Judge, fair
• 3:14:01
  market value minus what the tax liens were on it because there
• 3:14:03
  was a well, I've been told there was a substantial amount of tax
• 3:14:07
  liens that were levied against all the problems.
• 3:14:09
  When we say fair market value, of course you've got a net on a
• 3:14:13
  cost. Somebody's going to have to pay
• 3:14:16
  for those for those and and if it's because of Mr. Walker and
• 3:14:23
  then he's not going to get credited for that debt
• 3:14:27
  obligation, somebody else ends up paying on his behalf, not
• 3:14:31
  him. But can I make AI just want to
• 3:14:34
  make a brief statement, whatever it is we discussed three months
• 3:14:39
  ago, whenever we sign those deeds, that's what credit we
• 3:14:44
  would be asking for. And I don't want to get into all
• 3:14:46
  of it today because I don't quite frankly remember, but I
• 3:14:50
  think just under the notice provisions and everything that
• 3:14:53
  we have in our constitutions, whatever it is we discussed, we
• 3:14:56
  would just like it applied at some point.
• 3:14:57
  I, I it's hold on, but I'm just going to this courts.
• 3:15:03
  I'm not going to this courts spent a lot of research on this,
• 3:15:07
  but his indebtedness is not going to be an obligation that
• 3:15:13
  the victim should have to endure and pay for.
• 3:15:17
  It will be credited on the net amount of the value.
• 3:15:22
  That's that's all. I believe that's just an
• 3:15:28
  understanding of just an independent fairness.
• 3:15:31
  If there were indebtedness tax obligations, those were his.
• 3:15:37
  The victim has already been victimized by Mr. Walker by a
• 3:15:42
  jury decision. I'm not going to victimize him
• 3:15:45
  again, pay for his his indebtedness.
• 3:15:49
  That's just a statement and right.
• 3:15:52
  And I'm just, I'm trying to preserve, we're in murky waters
• 3:15:55
  here, you know, and I'm just trying to preserve that.
• 3:15:58
  We made an agreement with the court a few months ago and we're
• 3:16:01
  just asking that whatever that agreement was, it's on the
• 3:16:06
  record that he get that amount. That's all I'm saying.
• 3:16:11
  OK, I'm like, I wasn't part of that agreement and I and I.
• 3:16:16
  Didn't want to be. You know part of it, but when
• 3:16:19
  that agreement was said, there was an amount that was
• 3:16:21
  represented the court and the tax liens were not represented
• 3:16:24
  to the court. We didn't represent that.
• 3:16:27
  I'm sorry, but we didn't represent an amount though not
• 3:16:29
  incurring any ill will on your part.
• 3:16:32
  It I'm just saying it wasn't OK. That's not an issue that we need
• 3:16:35
  to address today. But there's just the the victims
• 3:16:41
  are not going to be re victimized.
• 3:16:43
  I'm fine with that. I just, I'm looking out for Mr.
• 3:16:46
  Walker today, today. What are the party, what
• 3:16:50
  additional information of the parties want to add and, and I
• 3:16:54
  would like to where is the appeal status on this or is all
• 3:16:58
  the briefing done and before the Court of Appeals?
• 3:17:02
  Yes, Judge. So Mr. Nealon submitted his
• 3:17:04
  brief, I think since the last time we were here and then I, I
• 3:17:08
  don't even think I got an extension.
• 3:17:09
  I filed our reply briefing timely.
• 3:17:12
  It was a pretty extensive brief from both parties.
• 3:17:16
  So it's in front of the court right now, right?
• 3:17:18
  We don't have any submission schedule yet, but everything is
• 3:17:21
  there for the court at this time.
• 3:17:23
  Judge, what state have to say? Anything else you want to add on
• 3:17:26
  this? Because once I'm still
• 3:17:29
  concerned, whenever Mr. Walker is able to pay a dime more than
• 3:17:38
  what he's paying right now, I want to be able to get that
• 3:17:43
  accomplished. Yes, Sir.
• 3:17:45
  All right. And the defense right now is
• 3:17:47
  submitting the $1000 as of today is all he can continue to pay
• 3:17:53
  per month. Basically he's going to go pay
• 3:17:57
  his monthly $1000 today. He was put back so he he'll be
• 3:18:01
  up today, today so that that all right, that will be done today,
• 3:18:06
  Sir. All right, what else?
• 3:18:09
  Stay nothing for us. We're in recess on this.
• 3:18:12
  Thank you and awaiting an appeal decision.
• 3:18:15
  Thank you, Judge. Thank you.
• 3:18:19
  OK, folks, let's go. Let's go back to Judge Elmore.
• 3:18:23
  We got a new contestant there. I have a seat, Miss Erickson.
• 3:18:26
  Miss Erickson I felony information with four counts and
• 3:18:40
  some sentencing enhancements. I'm going to go over those and
• 3:18:44
  while I do so, I'll also tell you what I understand to be the
• 3:18:47
  terms of your pretrial agreement.
• 3:18:50
  Count 1 is a charge of possession of the controlled
• 3:18:52
  substance methamphetamine. That's a felony plentiful by up
• 3:18:57
  to 10 years and or up to $15,000.
• 3:19:03
  There's also a second or subsequent drug offender
• 3:19:06
  enhancement. That means that if you were
• 3:19:08
  found guilty of that offense with the enhancement, the court
• 3:19:13
  could increase that punishment within its discretion from up to
• 3:19:17
  10 years to up to 20 years and from up to 15,000 up to $30,000.
• 3:19:22
  However, Count 1 and its enhancement will be dismissed.
• 3:19:27
  Count 2 is a charge of possession of the controlled
• 3:19:30
  substance cocaine in an amount less than 25 grams.
• 3:19:35
  That's a felony punch will buy up to four years and up to
• 3:19:39
  $2000. There's also a second or
• 3:19:42
  subsequent drug offender enhancement that could, within
• 3:19:45
  the discretion of the court, allow it to increase the maximum
• 3:19:49
  punishment from up to four years to up to 8 years and from up to
• 3:19:52
  25,000 up to $50,000. However, I'm told today that if
• 3:19:57
  you plead guilty to that count and I accept that for you, the
• 3:20:01
  prosecutor will dismiss the enhancement, which means it'll
• 3:20:04
  be a felony plentiful by up to four years and or up to $25,000.
• 3:20:10
  Count 3 is a charge of the offense possession of the
• 3:20:14
  controlled substance fentanyl. Again, like cocaine, that's a
• 3:20:18
  felony punishable by up to four years and up to $25,000.
• 3:20:23
  And because of the second or subsequent drug enhancement that
• 3:20:26
  could, within the discretion of the court, allow the court to
• 3:20:29
  increase the maximum punishment from up to four to up to 8
• 3:20:32
  years, from up to 25,000, up to 15,000 or $50,000.
• 3:20:38
  However, if you plead guilty to that count 3 and I accept that
• 3:20:41
  plea, you'll the prosecutor will dismiss the enhancement, which
• 3:20:45
  means you'll just face the maximum punishment of up to four
• 3:20:49
  years and or up to $25,000. Then for count 4, this is a
• 3:20:53
  charge of maintaining a drug house that is a High Court
• 3:21:00
  misdemeanor punch will buy up to two years and or up to $25,000
• 3:21:05
  plus because of the second or subsequent drug enhancement that
• 3:21:08
  could be increased from up to two to up to four years and
• 3:21:11
  brought up to 25,000 to up to $50,000.
• 3:21:15
  However, if you enter a plea of guilty to count 4 and I accept
• 3:21:18
  that plea, the prosecutor will dismiss the enhancement.
• 3:21:22
  Therefore, you'll be sentenced as to a High Court misdemeanor
• 3:21:26
  possible by up to two years and or up to $2000.
• 3:21:30
  Is that what you understood so far to be the terms of your
• 3:21:32
  agreement? I have here presented to you by
• 3:21:36
  the attorneys of form and I'm going to hold it up.
• 3:21:39
  For you. At the top it says plea
• 3:21:41
  agreement and this is where they wrote it all out.
• 3:21:44
  And on page 2, it appears to have the signatures of the
• 3:21:47
  lawyers and your signature. That's your signature there on
• 3:21:51
  the left. Yes, you.
• 3:21:53
  Are and did you go over this pretrial agreement before you
• 3:21:55
  sign it? Yes, you are.
• 3:21:57
  And did you speak to your defense attorney, Mr. Harrison,
• 3:21:59
  about it? Yes.
• 3:22:01
  Did he talk to you about that? Did he talk to you about the
• 3:22:04
  evidence against you? Yes, you are.
• 3:22:06
  And talk about your rights and your choices and the possible
• 3:22:10
  consequences of either going to trial, taking a plea or
• 3:22:13
  whatever? Yes, Sir.
• 3:22:14
  And my key question here is just to make sure, are you satisfied
• 3:22:19
  with his advice and representation at this time?
• 3:22:22
  And do you feel right now that at least taking his plea, well,
• 3:22:25
  maybe not the greatest thing to do in the world, but it's in
• 3:22:29
  your best interest. Now when you put your name or
• 3:22:33
  signature on that page 2, did you do so freely?
• 3:22:36
  No, only involved. And did anybody force you to put
• 3:22:39
  it on there? Oh, if you enter a plea of
• 3:22:43
  guilty, as we discussed, and I accept that plea, you'll not
• 3:22:46
  have a trial. Does that make sense, Miss
• 3:22:48
  Erickson? Yes, you.
• 3:22:49
  Are now if you enter that plea, you'll be waiving certain rights
• 3:22:52
  that you would otherwise have. Now these are covered on a piece
• 3:22:55
  of paper called an advisor rights and I'm holding that up
• 3:22:58
  for you right now. Is that your signature at the
• 3:23:01
  bottom? Did you read through these
• 3:23:03
  rights before signing? Did you understand what you
• 3:23:06
  read? Yes, Sir.
• 3:23:08
  And even more importantly, to understand that if you enter or
• 3:23:10
  plead guilty today, and I accept that plea, you will be forever
• 3:23:14
  waiving these rights as it applies to this particular case.
• 3:23:17
  Yes, you. Are Additionally, you'll be
• 3:23:20
  given up the right to claim that the plea was a result of any
• 3:23:22
  promise, threat, or inducement. Not holding me on the record
• 3:23:25
  today. Have there been any other
• 3:23:28
  promises, threats, inducements, force, pressure, anything,
• 3:23:34
  therefore, the plea realm free choice.
• 3:23:37
  Now, Mr. Harrison's probably talked to you about potential
• 3:23:40
  sentencing, is that correct? We may have talked to you about
• 3:23:44
  something called the sentencing guidelines that only applied in
• 3:23:47
  High Court, misdemeanors and felons.
• 3:23:49
  Did you do that? All right, now, first of all, I
• 3:23:52
  want to make sure you understand that the sentencing guidelines
• 3:23:54
  in Michigan are not mandatory, but they are a tool the court
• 3:23:57
  must use to help establish a fair, reasonable, proportionate
• 3:24:02
  sentence. Has anyone made any promises to
• 3:24:06
  you as to exactly what the sentence would be from this
• 3:24:08
  court? Do you have any questions about
• 3:24:12
  your rights, the charges and the plea before I take the plea?
• 3:24:15
  No. Yeah.
• 3:24:18
  All right. Ask to count 2 possessions of
• 3:24:23
  full substance, cocaine. How do you plea ask to count 3,
• 3:24:28
  possession of the controlled substance fentanyl.
• 3:24:31
  How do you plea ask to count 4 maintained in a drug house or
• 3:24:35
  dwelling? How do you plea before the court
• 3:24:39
  can accept those 3 pleas and have you tell me what it is that
• 3:24:42
  you did that makes you guilty of those 3 offenses?
• 3:24:45
  Turn your attention to May 2nd, I'm sorry, February 2nd and
• 3:24:49
  2026, just a little over a month ago and music here in Westford
• 3:24:54
  County. What happened?
• 3:24:57
  Looks like you actually live in Thompsonville, is that right?
• 3:25:00
  And what were you? What happened in Mesick?
• 3:25:03
  Well I am in the process of moving to Mesick and I rent A
• 3:25:10
  room there with my aunt who has mobility issues and.
• 3:25:16
  I'm just trying to get my life. Together and I kind of fell off
• 3:25:19
  in the last couple months and I completely understand where I
• 3:25:23
  went wrong. So how'd you get caught with
• 3:25:26
  this stuff? I did sell to sell to an
• 3:25:32
  undercover. All.
• 3:25:33
  Right. So and you gave to this person
• 3:25:36
  or delivered to this person some substance?
• 3:25:38
  What was that cocaine? And and.
• 3:25:41
  Fentanyl, yeah. And fentanyl, all right, now,
• 3:25:45
  when you did that, did you know that you had possessed cocaine?
• 3:25:48
  Yes, you are. Did you also know that the other
• 3:25:51
  substance that you possessed was fentanyl?
• 3:25:53
  Yes, you are. Did you have any lawful
• 3:25:55
  prescription to possess that fentanyl and did you have any
• 3:26:00
  other lawful right to possess the cocaine?
• 3:26:03
  No. You.
• 3:26:05
  Had it and bleach. You knew you knew what the
• 3:26:10
  substances were. Yes, you.
• 3:26:12
  Are. And then So what about this out
• 3:26:20
  for did this happen, this delivery or whatever happened at
• 3:26:24
  that residence up in Mesa? Yes, your Honor.
• 3:26:26
  So in other words, for it to occur there, you also had to
• 3:26:29
  store this, the substances there and then delivered them there,
• 3:26:32
  is that correct? Yes.
• 3:26:34
  OK. All right.
• 3:26:39
  Miss Dahl, do you believe the defense provided on a factual
• 3:26:41
  basis? Are you aware of any of the
• 3:26:44
  promises through inducements? No.
• 3:26:45
  Your Honor. You'll leave the court's
• 3:26:47
  compliance for all 6.302 Yes, Sir.
• 3:26:51
  Mr. Harrison, do you agree? I.
• 3:26:53
  Do. Sir.
• 3:26:54
  All right. The Court agrees and finds the
• 3:26:56
  defendant plea today is made freely, knowingly and
• 3:26:59
  voluntarily. The Court further finds that the
• 3:27:02
  testimony provided by the defendant Underoath on the
• 3:27:05
  record satisfies the elements to support the convictions has to
• 3:27:11
  Count 2-3 and four for which he is now found guilty, Count 1 and
• 3:27:17
  then a second or subsequent drug offender enhancements will be
• 3:27:21
  dismissed at the time of sentencing.
• 3:27:23
  Miss Erickson. We will be back here in about
• 3:27:25
  four, maybe five weeks from this coming Monday.
• 3:27:28
  We do sentencing every Monday in this courtroom Any time
• 3:27:32
  someone's convicted of a felony in a state court here in
• 3:27:35
  Michigan, there must be a pre sentence investigation report
• 3:27:39
  prepared by an agent in the Michigan Department of
• 3:27:41
  Corrections, which is also a long title for the probation of
• 3:27:45
  prologue. This report will include a
• 3:27:48
  description of the offense, description of the pretrial
• 3:27:50
  agreement, any statements, information you make to provide
• 3:27:54
  while it's being prepared and you got to give them one of
• 3:27:57
  those voltage run a score of the guidelines which again are not
• 3:28:04
  mandatory. It will have a recommendation.
• 3:28:06
  This is a sentence. Please keep in mind it is merely
• 3:28:08
  a recommendation as a desire alone that will determine the
• 3:28:12
  sentence. There are three steps and
• 3:28:15
  involve you in the preparation of this report.
• 3:28:17
  Number one, you're going to get a packet.
• 3:28:19
  Samantha's giving it to Deputy Longstreet and he'll give it to
• 3:28:24
  you and they'll fill it out, turn it back in.
• 3:28:26
  You want to be as thorough as you can about the contents of
• 3:28:30
  that. For instance, it'll talk.
• 3:28:31
  People will say, well, I've suffered bipolar disorder or
• 3:28:34
  whatever, but I'll look on one of the pages and there will
• 3:28:38
  nothing about it. Then I'll go.
• 3:28:40
  Well, how do you suffer from whether you've ever been
• 3:28:42
  diagnosed blah blah blah. So anyways, make sure you're
• 3:28:46
  thorough. Next, you'll be subject to an
• 3:28:48
  interview in the that office and you have the right to have Mr.
• 3:28:50
  Harrison present during that interview.
• 3:28:53
  And 3rd, Mr. Harrison will come go over that, the contents of
• 3:28:57
  that report with you prior to coming back for sentencing.
• 3:29:02
  Each side has the right to come back to the court, request
• 3:29:05
  corrections or make objections for contents and scoring and so
• 3:29:08
  forth. Do you have any questions about
• 3:29:12
  our, what we've done today? No, you're on it.
• 3:29:14
  Do you have any questions about what's going to happen over the
• 3:29:16
  next month while you prepare this packet?
• 3:29:18
  All that no. You're.
• 3:29:20
  On it. All right, Miss Dull.
• 3:29:22
  Anything further? No.
• 3:29:23
  You're right. Mr. Harrison.
• 3:29:27
  I have nothing further your other thank.
• 3:29:28
  You based upon the fact that the defendant has now been convicted
• 3:29:32
  of the three felonies. The port of revoked bond were
• 3:29:36
  managed into custody of the Westford County Jail and we'll
• 3:29:40
  see you in about 485 weeks along this general thank you merger.
• 3:29:48
  Okie dokie friends, that is that time on a Friday where we go to
• 3:29:52
  that special little court where justice is done Appalachian
• 3:29:58
  style, in a dank dark basement with Crimson shining red carpet
• 3:30:06
  lights from the Soviet era. A phone that wants to ring for
• 3:30:10
  some reason that I just put on mute.
• 3:30:13
  A printer that never stops running.
• 3:30:15
  The screams of the undead from the background walls that I
• 3:30:19
  swear to God are bleeding, the eternal chair of doom, You name
• 3:30:23
  it, it is all there except for Judge Capper.
• 3:30:26
  This morning we have a substitute judge.
• 3:30:28
  But be that as it may, we press onward.
• 3:30:31
  Ladies and gentlemen, our guilty pleasure I give you Dungeon
• 3:30:34
  Court. Judge, this is a, I believe, a
• 3:30:50
  menacing charge, but there's also a TRC that I wasn't aware
• 3:30:54
  of. I got the paper discovery today
• 3:30:56
  from the prosecutor. I do need to file formal
• 3:30:58
  discovery in the body Cam, dash Cam video.
• 3:31:01
  If we could come back maybe 3 weeks.
• 3:31:08
  I know the bad dates in April are the 20th, 23rd, 27th, about
• 3:31:12
  April 17th. That would work.
• 3:31:14
  Is that good for you? That's fine, Jeff.
• 3:31:17
  All right, I'm sending the request this matter.
• 3:31:19
  We continue till April 17th. For pre trial in office.
• 3:31:33
  State. Of Ohio versus Thomas Mark Baker
• 3:31:36
  case number CRB 25 24747 Thomas Mark that is one of Mr. Styers
• 3:31:50
  cases that on the pretrial doc and I presumptively moved it's
• 3:31:53
  April. 10th but I. I wouldn't know if I saw him, so
• 3:31:56
  I guess he's not here. I know you'd left a.
• 3:32:02
  Copy of the answer but secure. I did Judge and the other two
• 3:32:05
  that he had for pretrial got their copies and left, but I've.
• 3:32:08
  Not seen this. Fellow possibly hold it to the
• 3:32:15
  end of the dock in case he shows up late.
• 3:32:16
  I don't know. How you want to handle it, but
• 3:32:20
  I'll help. Mr. Steyer Anyway I could pass
• 3:32:23
  this a little later in the dock. And I will.
• 3:32:27
  Look and see if I can't get a contact number, try to tell him
• 3:32:29
  to get down here, I'll see what I can do with that State of Ohio
• 3:32:40
  versus Hunterdale, Blythe says. Number TRC 26300 ADMC.
• 3:32:50
  That's just the state of Ohio, A. 100 Black PRC 26300 MC Mr.
• 3:32:56
  Black for. This attorney of distraction.
• 3:32:58
  75. Yes your honor, we pre tried
• 3:33:04
  this. This is a no test.
• 3:33:08
  There was AI believe a crash in this incident.
• 3:33:12
  We still need we'll. Probably just set it for another
• 3:33:16
  pretrial. We don't have a resolution of it
• 3:33:18
  at. The moment.
• 3:33:19
  How about April 17th? April 17th is fine.
• 3:33:26
  April. 17th. Retrial, you said.
• 3:33:32
  Right. Pretrial.
• 3:33:34
  Yeah, yeah.
• 3:33:55
  State of Ohio we have. Cornwell, PRC 251820. 3 CRD
• 3:34:00
  25473. CRD 2544.
• 3:34:04
  Four, that's Cornwell Charity for a Chinese.
• 3:34:06
  That's there's the draft of the treatment minor sets.
• 3:34:29
  Just assessment for it and whatever they and follow
• 3:34:33
  whatever they let you. Know your owner.
• 3:34:40
  We are going to plead note contest to the ODI.
• 3:34:43
  We're going to put off sentencing.
• 3:34:49
  She's going to get an assessment done and follow the
• 3:34:52
  recommendations of the assessment and.
• 3:34:54
  Go back. OK.
• 3:34:58
  And then depending on that, that's going to impact
• 3:35:02
  sentencing and also understand the state's going to dismiss the
• 3:35:05
  other charges if she does well on.
• 3:35:08
  That. That is correct, Your Honor.
• 3:35:12
  And we did get the year results. Back.
• 3:35:16
  The. Alcohol urine test was .21. 9.
• 3:35:20
  And also I hadn't seen this, but we also got under the the drug
• 3:35:26
  urine screen back and. And it was.
• 3:35:29
  Point or excuse me, 101.82 nanograms from milliliter of THC
• 3:35:35
  metabolite. So she had also buprenorphine
• 3:35:40
  and gabapentin. So those are the results on that
• 3:35:45
  and we're happy that she's decided she wants to do a
• 3:35:47
  treatment, take care of whatever problem she has.
• 3:35:50
  She's got the pending endangering charge which we will
• 3:35:53
  hold in a Vance and not go forward with with.
• 3:35:57
  As long as she. Keeps up with her treatment.
• 3:35:59
  It does well. And we'll dismiss that at a
• 3:36:01
  later. Time.
• 3:36:02
  And this will also impact what the sentencing recommendation
• 3:36:05
  will be certainly better she does the this is the first
• 3:36:08
  offence less the sentence will be so is.
• 3:36:13
  That correct? Cornwall.
• 3:36:15
  Yes. You want an Internet contact for
• 3:36:17
  me? Yes.
• 3:36:19
  Accept your no contest plea. Is there a stipulation for a
• 3:36:22
  guilty finding? Yeah.
• 3:36:23
  So we're statement of fact stipulation of guilt.
• 3:36:26
  In fact, I'll find you stipulating for a guilty finding
• 3:36:29
  in the matter. Is there someone there that
• 3:36:31
  would like to do an assessment on this?
• 3:36:33
  Cornwell, I see Taylor's better end up right here in the black
• 3:36:36
  and red. We don't necessarily need to
• 3:36:38
  have her back out after after the assessment because we're not
• 3:36:43
  doing sentencing today. So if you need to set that up at
• 3:36:47
  a later date, that's fine. So Mr. Stratford When would you
• 3:36:53
  want to come back? Your honor, maybe sometime first
• 3:36:57
  part of May best any dates have May 11th, about May the 8th, May
• 3:37:05
  the 8th to work. Plus.
• 3:37:09
  Sign of the set for May the 8th Pretrial.
• 3:37:16
  Good job and pretrial assessment.
• 3:37:48
  Good. We haven't called this year.
• 3:37:52
  This is statewide critical. Justice.
• 3:37:55
  TLC 26203 AMD this justice is here if.
• 3:38:01
  They're trying to. Subscribe.
• 3:38:01
  Is that what we? Published 2 copies.
• 3:38:45
  Interveningly, we're going to recall TRC 242473ABC ND Stable
• 3:38:51
  Highway Thomas Farberry. We previously indicated that
• 3:38:54
  there was a $5000 cashier's bomb posted with our cord.
• 3:38:59
  It's posted in common. Please.
• 3:39:01
  And so I will convert that to a 5000 OR bomb in this matter.
• 3:39:15
  Thank you. All right.
• 3:39:24
  We approach it on. You may.
• 3:40:25
  None. All right, we're back on the
• 3:40:37
  record 16 ARC. 20. 3A and. B State of Ohio.
• 3:40:45
  Versus fiscal Justice just had a finished conference with the
• 3:40:51
  state's. Your Honor, having reviewed the
• 3:40:56
  facts of this case, we were alerted early on that maybe
• 3:40:59
  there was some legitimate reasons why the field sobriety
• 3:41:02
  test should not be given the weight that they might
• 3:41:07
  otherwise. And so we've received some
• 3:41:10
  records today that convince us that they probably aren't an
• 3:41:15
  accurate assessment of her fiscal condition at that time.
• 3:41:18
  As far as impairment, we also had no chemical test, no urine
• 3:41:24
  test, no breath test. And there was no erratic.
• 3:41:27
  Driving. The reason for the stop was a
• 3:41:29
  headlight out so under the circumstances.
• 3:41:33
  I think it's. Appropriate for us to dismiss
• 3:41:35
  the OVI case if she would plead guilty to the headlight.
• 3:41:39
  And. We would take no.
• 3:41:40
  Position on the sanctions on that, Your Honor, we agree we'll
• 3:41:45
  plead guilty to the headlight charge and the OVI will be
• 3:41:49
  dismissed. All right.
• 3:41:51
  The A case will be now in the station, plus on the B case
• 3:41:59
  it'll be a $50 fine and all already paid for costs.
• 3:42:04
  There'll be a review here and set on it for September 25th of
• 3:42:09
  this year at 9:00 AM. If it's paid off by then you
• 3:42:12
  won't be happy to appear and there'll be no probation, can
• 3:42:16
  you? Give it over there and talk a
• 3:42:20
  little bit about the museum all right now.
• 3:42:37
  20. 6. 123. CR BU261. 103 there's five
• 3:42:52
  security property. Mr. Stratton Corey Fry is the
• 3:42:58
  code of Who's the Attorney? There's a stroll for.
• 3:43:04
  Mr. Moore, Cory Fry at number CRB 26 three, 120. 2.
• 3:43:11
  CRB 24783. All right.
• 3:43:16
  Also no, it's. No fine.
• 3:43:45
  There'll be court calls. I don't know.
• 3:43:55
  Community service was suspended. I don't.
• 3:44:14
  Know, I think I'm going to take a position on that, OK.
• 3:44:35
  Your Honor, I think we'll. Plead guilty to to the theft.
• 3:44:41
  Ask for suspended time. Of course also ask for no fine
• 3:44:50
  or community service. We'll pay the calls.
• 3:44:53
  I understand the court does typically do that, but we'll ask
• 3:44:57
  for that anyway. So all right.
• 3:45:00
  Miss ISIL, is your intention to enter guilty plea for the charge
• 3:45:05
  today? Yes, sure.
• 3:45:05
  All right. I'll accept your guilty plea and
• 3:45:09
  I'll enter guilty finding there'll be $150.00 fine.
• 3:45:15
  I'll already pay the court costs 10 days jail.
• 3:45:22
  I'll suspend all 10 days to 30 hours community service, be two
• 3:45:31
  years level for probation, and I know where to stay out of all
• 3:45:36
  Walmart. And as part of your probation,
• 3:45:56
  I'm going to order that you get an AOD assessment and follow up
• 3:46:00
  with any treatment that is recommended.
• 3:46:03
  And we'll need to set that up today if there's someone that
• 3:46:05
  would like to set her up with an assessment.
• 3:46:07
  Today. See the lady in the back of.
• 3:46:10
  Her hand. You're going.
• 3:46:12
  To need to need recurring probation before you.
• 3:46:14
  Leave you're. Going to have a review hearing.
• 3:46:17
  And that's going to be. September 25th of twenty 26th at
• 3:46:21
  9:00 AM. If you fail to hear from that,
• 3:46:27
  there'll be a warrant issue if you have everything taken care
• 3:46:31
  of and everything's paid off and the community service is done
• 3:46:35
  and your treatment is completed if there isn't.
• 3:46:38
  And that you? Won't need to appear for that
• 3:46:41
  hearing, but otherwise you have to be here that day of the time.
• 3:46:43
  Do you understand? I understand your order.
• 3:46:45
  OK. So let's do a little.
• 3:46:49
  Provision. OK, talk to Mr. Major.
• 3:46:53
  OK, OK, let's have a question. All right, and.
• 3:46:56
  Mr. Morris. I'd like to ask you for short
• 3:47:07
  continuance. We have videos that Mister Pry
• 3:47:10
  wants to come in and watch, and we really need to have a
• 3:47:15
  conference outside the time to find the this morning.
• 3:47:20
  How? About April 27th.
• 3:47:30
  That's good here, Judge. As a matter.
• 3:47:34
  We continue to April 27th and that'll be a pretrial obtaining
• 3:47:53
  table hot versus Francisco Gonzalez.
• 3:47:55
  Which one for JRB 2697 CRA 26 to 1?
• 3:48:00
  100. Just the state of Ohio versus
• 3:48:05
  Francisco Gonzalez. CRA 26. 97.
• 3:48:09
  CRA 26100. Yes.
• 3:48:18
  Sir, did you say preliminary here, except there's a CRA 26100
• 3:48:27
  case that might be the extradition, is that possible?
• 3:48:31
  That is correct. Which has been taken care of.
• 3:48:35
  We are here today. For a pretrial conference
• 3:48:37
  through discussions with. The state of.
• 3:48:39
  Ohio, I believe. We have an agreement to plead as
• 3:48:42
  charged and then the recommendation from the state of
• 3:48:46
  Ohio would be just credit for time served.
• 3:48:49
  The defendant is a Georgia resident who has no intention of
• 3:48:53
  returning to that's. Correct.
• 3:48:57
  You're all I think you did some time to.
• 3:48:59
  Jail. Yes, three days, three days to
• 3:49:02
  jail. Yes, Sir.
• 3:49:02
  Is that that correctly for that knowledge?
• 3:49:09
  Yes, Your Honor, what, what plea was your motion to enter?
• 3:49:13
  Guilty of. Accept your guilty.
• 3:49:15
  Plea and I don't be finding. Oh, we also have.
• 3:49:22
  An order, hopefully. To kind of.
• 3:49:25
  Get received. Oh, we have no claim.
• 3:49:29
  We'll do three. I'll do three days jail.
• 3:49:38
  I'll give him credit for three days on this.
• 3:49:41
  And we're just going to complete this case since he's not.
• 3:49:47
  So we've been fine in court costs on it.
• 3:49:49
  Thank you, Judge. And we want an order of
• 3:49:51
  forfeiting funds that weren't confiscating itself.
• 3:49:55
  All right. And any.
• 3:49:56
  For the funds it. Was a.
• 3:49:59
  Number of cell phones, yes, we have no interest or claim and
• 3:50:06
  then there'll be an order that anything.
• 3:50:07
  Ceased as. A result of.
• 3:50:09
  This case should be fulfilled, Mr. Hilt.
• 3:50:17
  What about his personal self? What do they have?
• 3:50:21
  Well, they took. The contraband, which was all
• 3:50:24
  brand new ones. But he's.
• 3:50:26
  Had a personal. Use you know.
• 3:50:30
  For himself. Well.
• 3:50:35
  I'll tell you what we're. Going to have to do we're.
• 3:50:36
  Going to have. To call our.
• 3:50:37
  People and make sure that there's no I don't think there's
• 3:50:39
  going to be a problem with voicing his own phone to.
• 3:50:42
  Him, but we're going to need to. Make a phone call to find out.
• 3:50:46
  We'll. Have that back out.
• 3:50:47
  We'll have give us just a couple minutes Mr. Nash we will have
• 3:50:52
  them back out, but typically on some compelling reason his
• 3:50:58
  personal. Self.
• 3:51:04
  Which, if we could, I don't know.
• 3:51:06
  I mean we. Could proceed and and then if.
• 3:51:09
  There's an entry that we put on later.
• 3:51:11
  That's fine. We're going to go ahead and put
• 3:51:15
  the entry. On now.
• 3:51:16
  OK, just. See if we can get.
• 3:51:20
  Him on the. Investigator on.
• 3:51:21
  The. Phone.
• 3:51:21
  OK. Yeah, just in case on the
• 3:51:27
  expedition matter states intentions there, I think Mr.
• 3:51:31
  Nash indicated it's cleared up, but.
• 3:51:37
  We don't take. Any position?
• 3:51:38
  On it your. Honor if he's.
• 3:51:40
  It was AI believe it was a warrant out of Georgia on a
• 3:51:43
  probation matter and the probation department's dropped
• 3:51:46
  that. And I think all that
• 3:51:48
  documentation is in the file. OK, I see the petition.
• 3:51:55
  Yeah. All right.
• 3:51:56
  So the extradition matter. CRA 26 one. 100.
• 3:51:59
  Will be this Yes, thank you. And we'll recall that here just
• 3:52:03
  a few minutes. OK, thank you.
• 3:52:14
  State of Ohio versus Justin Brewing Test number of CRV 2662
• 3:52:20
  Mr. Moore from No Excuse me, this is State of Ohio.
• 3:52:28
  This is Justin Brewing S26 60 2 Mr. Brewing.
• 3:52:37
  Is the opportunity to hire an attorney.
• 3:52:41
  No, Sir. I have not.
• 3:52:43
  I have discussed some options with my sister who who's
• 3:52:47
  familiar with the couple and to be honest, my work I do
• 3:52:52
  exteriors of of homes. It's kind of weather dependent.
• 3:52:57
  I don't live with my parents or anything.
• 3:52:59
  I I'm a single income home. I've had some outrageous power
• 3:53:04
  bills and it's just I'm kind of paycheck to paycheck right now.
• 3:53:08
  Well, now that you've. Had an opportunity.
• 3:53:11
  To have to hire. So I'll appoint Mr. Morford to
• 3:53:18
  represent you. Yeah.
• 3:53:23
  Thank you. Thanks.
• 3:53:29
  All right, well. Mr. Morpher, you're just getting
• 3:53:31
  involved. In in case, I'm presuming you're
• 3:53:33
  going to want an. Opportunity.
• 3:53:35
  To file discovery. And take a look at those things.
• 3:53:38
  Is that correct? Absolutely all.
• 3:53:42
  Right, let's. Do.
• 3:53:44
  April. 17th. That'll be a pretrial team.
• 3:54:02
  Thank. You Kayla Thompson, 24/7. 92.
• 3:54:12
  Okie dokie friends, that brings it to an end for today and for
• 3:54:15
  the week, but I hope you all had fun.
• 3:54:17
  I know I did. It's always an honor to spend my
• 3:54:20
  mornings with all of you, so I appreciate it so much.
• 3:54:22
  And thank you all for hitting the Super chat goal today and
• 3:54:25
  for all the new memberships that were donated and everything
• 3:54:28
  else. Generosity is great.
• 3:54:30
  I really appreciate it and we earned the right to have our our
• 3:54:34
  pet or plant. If you don't have pets slideshow
• 3:54:38
  during the 4th hour on Monday. So again, send me your pet
• 3:54:41
  photos YT at courtroomfiles.com. Please do it as soon as you can,
• 3:54:47
  cause Sunday night'll be when I put this together.
• 3:54:50
  Make sure that you include your name and the names of your pets
• 3:54:54
  or plants or whatever you send to me and we will make sure to
• 3:54:57
  show those off in the fourth hour to everybody.
• 3:55:00
  So again, thanks so much. I appreciate all of you.
• 3:55:02
  Go have yourselves a good rest of your Friday and a good
• 3:55:04
  weekend and I look forward to seeing you all on Monday.
• 3:55:06
  Take care, God bless.