Latest / The Courtroom Files / April 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #263

Transcript

April 6 Court Hearings: Judge Boyd, Simpson, Middleton + More | TCF Podcast #263 · The Courtroom Files

0:02
Good morning everybody. Happy Monday.
0:04
Welcome to TCF Live. My name is Dan Sole.
0:07
I'll be your guide through the next 4 hours of Courtlandia.
0:11
It's good to be back after a couple of days off.
0:13
Let's start in Lenawee County, Michigan.
0:17
This is Judge Angelo name. Please.
0:21
Stephen Wood and. Let me.
0:24
Grab your paperwork. So we'll get to you in just one
0:36
minute. OK.
0:40
All right, this is in the matter of Amanda Wood versus Stephen
0:44
Wood. File #2020 Dash 47464 DM.
0:51
So Mr. Wood, we are here on a value to pay child support.
0:56
There's a monthly charge of 3100 and $45.00.
1:01
Your arrearage as of today is $97,303.59.
1:09
This is your like 14th show cause the last payment we
1:13
received was $1500 back on November 15th of 2024.
1:20
There was a child support review that was scheduled at probably
1:25
your request. You did not appear or provide
1:28
information. The show cause has been
1:31
outstanding for over a year to provide you opportunities.
1:36
And Mr. Wood, obviously you're facing up to 90 days on jail on
1:41
this. I don't know if there's been a
1:43
felony charge yet, but you do have a right to have an attorney
1:48
represent you at this and all subsequent hearings.
1:51
If you can't afford to hire one, we can appoint you one at public
1:55
expense. Would you like an attorney
1:57
appointed to represent you, Mr. Wood?
2:00
No, Your Honor. All right, so, Mr. Wood, raise
2:04
your right hand. Do you solemnly swear or affirm
2:08
to tell the truth, the whole truth, and nothing but the
2:10
truth? Yes, your Honor.
2:14
All right, so here. So, Mr. Wood, do you understand
2:19
that it's a crime to fail to pay child support to very best of
2:22
your ability up to the amount order?
2:27
Yes, your Honor. OK, Are you hold on.
2:31
I'm asking questions yet? Hold on.
2:34
Is he picked up and charged with anything else?
2:39
All right. So did you see him for anything
2:44
else under new arrest? Trust me.
2:57
OK, All right, So and you understand, Mr. Wood, you're
3:01
well above the limit where you can be charged with a felony.
3:03
Do you understand that? Yes, your Honor.
3:07
All right. And there's also a failure to
3:09
appear for court on February 25 of 2026.
3:15
Do you understand it's also a crime to fail to appear in court
3:17
when in order to do so? Yes, your Honor.
3:21
Harry, do you understand that if you plead guilty to either of
3:26
these offenses, I could send you to jail up to 90 dates?
3:29
Do you understand that? Yes, your Honor.
3:33
You're entitled to a trial, and you cannot be convicted unless
3:36
the evidence that your trial proves that you are guilty
3:39
beyond a reasonable doubt. Do you understand that?
3:43
Yes, your Honor. You're entitled to have an
3:45
attorney represent you here today and in all subsequent
3:48
hearings. Do you understand that?
3:51
Yes, your Honor. If you want an attorney and you
3:54
cannot afford to hire one, we will appoint you one at public
3:57
expense. Do you understand that?
4:00
Yes, your Honor. Do you want an attorney
4:03
appointed to represent you? No, Your Honor.
4:07
All right. So, Mr. Wood, you are entitled
4:10
to have all the witnesses against you appear at your trial
4:12
and you would have a right to question those witnesses while
4:16
they are underoath at your trial.
4:17
Do you understand all that? Yes, your Honor.
4:21
You're also entitled to have me order any witnesses you might
4:24
have to appear at your trial on your behalf.
4:27
Do you understand that? Yes, your Honor.
4:31
You do not have to say anything at your trial, and if you do not
4:34
testify or say anything, nothing will be held against you and in
4:37
fact, no one will even mention your silence.
4:39
Do you understand that? Yes, your.
4:43
Honor, on the other hand, do you understand that you are entitled
4:46
to testify at your trial if you want to testify?
4:50
Yes, you're on it. All right.
4:52
How do you plead to the charge that you failed to pay child
4:55
support to the very best of your ability, up to the amount order
4:58
guilty or not guilty? Not guilty.
5:01
You're on. It all right.
5:03
And how do you plead to the charge that you failed to appear
5:06
in this court as ordered on November 15 of 2 or wait, let me
5:12
see, it was failure to appear February 25 of 2026 guilty or
5:18
not guilty? Not guilty.
5:22
All right, so I will set this for trial.
5:26
Is this your file Miss Heron or? What's that, Your Honor?
5:33
All right, Mr. Would you have any witnesses you'll need for
5:37
trial? No, Your Honor.
5:41
All right, Miss Adams, can I set this for sometime tomorrow for
5:48
30 minutes? Tomorrow maybe.
6:02
How much time did you say? About half hour and I'll need a
6:06
prosecutor. OK.
6:09
We could probably do 11:30 or 1:30 is now.
6:12
Open. Let's do 130.
6:17
All right, So Mr. Wood, I'm going to set this for trial
6:20
tomorrow at 1:30 PM. We'll have a prosecutor and Miss
6:24
Herron available, and I will set your bond in the amount of
6:28
10,000 cash. All right.
6:32
Your Honor. May I just tell you about?
6:34
This one thing. I haven't.
6:36
Been child but it's through the VA it.
6:40
Goes. Directly to Miss Wood.
6:43
Miss Herron. Is that?
6:46
Is that something we're aware of?
6:49
It's in the amount. Of five. 100 and. 26.
6:51
Dollars. Hold on.
6:52
Hold on, Mr. Wooden. Miss Herron.
6:54
That's why there was a child support review petitioned for.
7:02
Right. So, Mr. Wood, there was that
7:06
hearing was scheduled and you didn't show up.
7:09
So I'll set this for hearing tomorrow at 1:30 PM.
7:12
We'll see you back then. All right, thank you.
7:16
And Miss Herron, you'll need to reach out to Miss Wood as well.
7:20
All right. All right.
7:22
Thank you. You want to come back up?
7:34
So Mr. Pierce, come on up. Maybe that's going to come over
7:39
and grab the receipts. This is back on the record in a
7:46
matter of Melissa Francoeur versus Terence Pierce, phone
7:52
number 2019 Dash 46386. Yes, all right.
8:00
My bailiff is down handed to me receipts from expert pay and
8:21
200 and 5200 and 5625 and 200 and. 22 transactions of two 5625
8:37
Miss Karen. So all right, so Mr. Pierce,
8:47
your rearrange is really high, so you're making payments.
8:51
So I'm happy with that. You need to petition for a
8:56
referee hearing and you probably get, you know, and then an
9:01
income review. OK.
9:03
And they can do that all at once.
9:05
And I think does he get that paperwork up here or downstairs?
9:08
Miss Heron, He can come down here and grab it.
9:15
Yeah. Go down in front of the report
9:16
in the basement, get the paperwork to file that.
9:18
I'm going to adjourn this out to June 8th at 8:15 in the morning
9:22
and follow through on it. Like show up for the hearing and
9:26
do what you need to do, OK? At that hearing, if you don't
9:30
agree with the results of it, you can always object to have it
9:33
heard by me. Just make sure you show up and
9:36
do the paperwork within a time. All right, all right, good luck
9:39
to June 8th at 8:15. Go downstairs, front of the
9:42
court. All right, let's see.
9:58
OK. Hey, this is Judge Anselone.
9:59
I'm ready for David's science too.
10:02
All right, I'll get them in for you.
10:03
Thank you. Bye.
10:10
Becky. Did you bring me paperwork on
10:11
science? I never got anything on signs.
10:17
Joanne, we don't have paperwork on signs.
10:19
They ever have the rest sheet for you?
10:22
Well, they do look, but until we get paperwork, we can't see
10:26
them. You want me to just wait till
10:28
you call me? Or before?
10:31
Yeah, I'll be over there. OK.
10:33
Looking. Hey, this is Jackie And.
10:36
Well, Judge Anselone lines up the next contestant.
10:38
Good morning once again everybody.
10:39
TCF live. It's Monday, Monday after
10:42
Easter. Good to have you all here.
10:43
I hope you all had a good holiday weekend.
10:47
Mine was weird. It was website migration, taxes
10:52
and a power outage. That was pretty much our
10:55
weekend. But good to have you all here
10:57
and good to be back. So real quick, Barbara dropped a
11:00
link for Substack in the in the chat.
11:05
We now have sub stack. It's going to kind of be a a
11:08
center point for the various media that we do.
11:12
So be sure to join me over there.
11:13
I'm going to do some writing. Also, we are simulcasting over
11:17
there on sub stack right now. All shows will now be pushed
11:20
over there as well. So please do sign up if you're
11:22
not already. The So we are here today on a
11:27
parenting time complaint that was filed by Miss Meyer against
11:31
Mr. Meyer. Parties had a referee hearing
11:34
and an order signed February 23rd of 26th giving Christiana
11:40
Meyer makeup parenting time. She states that even after the
11:43
hearing order that he is still refusing her parenting time.
11:47
So both of you raise your right hand.
11:50
Do you solemnly swear or affirm to tell the truth, the whole
11:54
truth and nothing but the truth, Miss Meyer?
11:57
Mr. Meyer, I do. All right.
11:59
So I don't have your full civil file just because it's a show
12:05
cause. So you're both under old.
12:07
There's some tissue there. Spit out your gum.
12:09
So, Mr. Meyer, what is the current custody arrangement
12:12
between you and Miss Meyer? She has week on week off with
12:17
the two younger kids and I have physical custody of the my
12:19
oldest arm. OK.
12:21
And so do you understand she's alleging that you're failing to
12:26
give her week on week off parenting time?
12:29
Do you understand that's a contempt to court?
12:31
So if the court were to find you guilty of contempt to court, I
12:35
could sent you to jail for up to 93 days.
12:38
OK. Now, Miss Meyer, when was the
12:42
referee hearing? Our latest one was February 17th
12:47
or 14th, I believe. OK.
12:49
And at that time they ordered makeup parenting time.
12:53
OK. And what, how did they order
12:56
that to be done that I needed to notify him of what days And he's
13:02
refused to since then until I got two out of three kids
13:07
yesterday. He's still so the oldest child
13:10
that he has full physical custody of.
13:13
So you're getting the younger ones for your week on week off.
13:17
As of yesterday, I went three my I didn't see him for three
13:20
months. I didn't see him from the week
13:22
before Christmas and so you ordered to give them.
13:24
Back to him. Back to me on Monday.
13:27
OK. And the oldest child, he has
13:29
full physical costeo. Yes.
13:31
And I'm supposed to have every other weekend with her.
13:33
OK. And how old is that child?
13:36
Just turned 16. OK.
13:40
OK. All right.
13:45
So how is parenting time with the two youngest going?
13:49
Not well, Not well. OK.
13:52
Is this something where counseling would be a good idea
13:55
for you and the kids? Yes.
13:57
And allegedly they're already enrolled, but I asked them
14:00
because. They're supposed to be doing.
14:01
Weekly. I asked them yesterday via text
14:04
if they had any appointments or after school activities that I
14:06
should be aware of and he's ignoring me and not responding.
14:09
All right, but you have a joint legal custody.
14:11
Yes. So I have to figure out where
14:12
they're going and and what time the appointment is, I guess on
14:15
my own. Or you could just tell me, OK,
14:21
so, but that's their individual counselors, right?
14:26
Well, this is what he's told me via text.
14:28
So he's left me completely out of the loop in the last three
14:32
months so. This.
14:34
I assume is personal counseling all right?
14:36
So typically if you have a personal counselor, that's
14:41
different than family counseling, OK, because the
14:44
personal counselor is their counselor, you know, there's a a
14:47
rapport there and trust to expand it to family counseling.
14:53
Perhaps between you and the children, it would be using
14:56
somebody else. So that way it's an independent
15:00
party and, you know, their personal counselor doesn't have
15:03
a conflict. OK.
15:06
Mr. Meyer, do you think counseling for her and the
15:10
children would be appropriate? Very much so.
15:13
OK, now where are they going for their personal counseling?
15:18
Adrian counseling and psychiatric care.
15:21
OK. All right.
15:22
And how often do they go? Lydia's been going since she
15:25
lived with me first two years ago.
15:28
Delilah and Eli both started when they came.
15:32
She asked them to leave when they first came with me.
15:35
When they came, I figured it was time to start counseling.
15:38
They need somebody to talk to in a voice, so they've been in
15:41
Eli's. I have proof right here if you'd
15:44
like to see. No, it's OK, I have.
15:46
I have like dates of when they started.
15:48
Eli's been in it for a couple months.
15:50
How often does he go? Weekly.
15:52
Weekly. And what about the other
15:55
children? Delilah goes weekly, but there
15:57
was a hiccup with her insurance so she went like twice and then
15:59
had to find another counselor that accepted her insurance.
16:02
So it was broken up for a couple weeks, but she's been enrolled
16:05
maybe a month less than Eli. She took a little bit of
16:08
convincing, but that's that's where it sits.
16:12
They've already been enrolled before court order.
16:16
OK, All right, So. All right, So Miss Meyer, a
16:22
couple things like their counselor is not going to tell
16:25
you what they say, probably not telling him what they say
16:28
because, you know, they do work very hard to establish trust.
16:32
And so, you know, you can call the counselor and just say I am
16:37
available if you ever want to bring me into a session with
16:42
them. Please know I'm available.
16:43
This is my contact information. But perhaps, Mr. Meyer, do you
16:49
have health insurance? I do not.
16:52
And you have health insurance? Yes, ma'am.
16:54
OK. So family counseling is probably
16:59
necessary here and I would leave that.
17:02
What I would say at this point is I'm going to leave that to
17:04
you to find a counselor 1 to get insurance to the state.
17:09
I don't qualify. No.
17:11
OK. And you'll have to pay out of
17:14
pocket for any expense for you. Yeah.
17:18
And then are they through your employer or through my child?
17:23
The kids insurance. Through my child, OK.
17:25
And so just know that their insurance is through the state
17:29
of Michigan. So I would start looking for
17:32
places locally that would do family counseling.
17:36
Counseling is great. I recommend therapy for
17:38
everybody. So, OK.
17:42
So I think that's the first step in this situation to get back to
17:50
a healthy relationship. So what I'm going to do is I'm
17:53
going to set this out to like June 8th, OK, You are seeing the
17:58
younger ones, the older ones, that's going to be a tougher nut
18:01
to crack because older kids typically are.
18:04
But I am going to order therapeutic counseling between
18:07
mom and the three children. Sometimes the younger will be
18:10
more willing to go and you can do it on your time.
18:13
Make sure it's on your time so you're taking off and then
18:16
eventually, hopefully the. Older one will go too.
18:19
OK. And so I'm going to order that
18:23
and I'm going to leave that to you.
18:24
She's going to locate somebody. And how do you guys communicate?
18:29
We're. Ordered to communicate through
18:31
the app. close. Yes, ma'am.
18:34
App close. OK.
18:35
I'm not sure it's called that. I have it in the paperwork.
18:37
It's like the intermediary website that you ordered.
18:40
Yeah. Do you know what it is?
18:41
No, I need to familiarize myself like that.
18:44
OK. So I think there was a prior
18:46
order probably for app closed and it's just an app that you
18:52
download. I think the first year you get a
18:54
waiver for the cost of it. If that's cost prohibitive.
18:59
What I've had people, what I recommended is maybe starting a
19:03
new e-mail address just for communications between the two
19:06
of you. And that way there's a separate
19:10
e-mail just for your communications.
19:11
You can't afford the app closed. It used to be free, now it's
19:15
not. So I'm going to order that
19:17
parties use app close to communicate that plaintiff is to
19:23
make arrangements for therapeutic parenting time and
19:32
sessions of just being once a week you'll go or however often
19:35
every other week, whatever it might be just to work on any
19:38
issues. And then we'll come back on June
19:42
8th and see if we have any progress.
19:45
OK, because it might take a month to get into counseling.
19:48
OK, How do I go about establishing my visitations with
19:53
my oldest? So not ask my children to leave
19:56
either. By the way, that was a lot.
19:58
OK, so he's 16, she's 16, so. The problem we run into here is
20:06
if he tries to physically make her go, he can be charged with
20:10
domestic. If you try to physically make
20:12
her go, you could be charged with domestic.
20:15
So I think that we encourage her to be part of the therapy and
20:19
start there because I don't know, you know, obviously the
20:22
referee did a full scale hearing on this, but I'm going to order
20:26
the therapeutic counseling for all three children and we're all
20:29
going to encourage her to go with the younger children.
20:32
All right, and hopefully she goes and hopefully we start to
20:36
build this relationship again. Yeah, he's he's doing everything
20:40
he can to stand and well, he has a version of events too.
20:44
So unfortunately, so so you're to find a therapeutic counselor
20:49
and like I said, you guys can sign up at app close or do an
20:53
e-mail address, whatever you choose, just communicate that to
20:57
each other. Do you guys communicate at all?
20:59
Text. Yeah.
21:01
When he wants to cut me down, he does.
21:02
OK, So you can send the app flows information to him and
21:07
vice versa. All right.
21:09
And then we'll come back on June 8th, see where we're at.
21:11
OK. Thank you.
21:14
Your honors. It's not still a contempt of
21:16
force. It is.
21:21
But you have the. OK friends, let's move on.
21:27
Huron County Judge Prill. But before we go there, Ashley
21:33
is celebrating one year as a channel member.
21:36
So thank you, Ashley. And in that honor, in honor of
21:39
you, this Huron County case is actually people versus Ashley.
21:45
No relation though, I imagine. Kowski, the defendant is here
22:07
based upon a plea previously entered before this Court on
22:10
February 2nd, 2026 to child abuse the third degree.
22:14
This Karen Everlitz prepared the pre sentence report as dated
22:17
March 20th, 2020. Sixth, Mr. Ronnie, you and your
22:20
client had the opportunity to review the pre sentence report.
22:23
OK. Are there any additions,
22:25
deletions, corrections or objections in the report?
22:28
Note all those questions, although I did submit.
22:32
Character. Letter.
22:33
Yes, and the court reviewed it. This is a letter that's dated
22:37
April 4, 2026, prepared by Patricia Barron BARIE.
22:42
According to receive that, Mister Sturkowski, have you
22:44
received received a copy of it? I have.
22:46
We have no objection to the court considering that.
22:48
All right. Thank you.
22:50
Miss Robinson. Any objection to the precept
22:52
report, Mr. Sturkowski, any objection to the report as well
22:56
as guidelines? No, you're right.
22:57
Thank you. Any objections scoring the
22:58
guidelines? No, Your Honor, Thank you.
23:01
Mr. Rooney, what would you like to say?
23:02
We have your client before the. Court of Council sucks.
23:05
Well, your Honor, my client is just 21 years old, I believe, no
23:10
prior criminal. History of any kind.
23:12
Or juvenile history that take full responsibility for not
23:17
supervising your children properly, not monitoring the
23:22
water. Temperature in.
23:23
The bathtub where they got the feet burned.
23:27
Since this incident has happened, she has been involved
23:30
with CPS. She's completed four different
23:33
certificates so far through the DHS.
23:40
Some of the names of these courses are Back to Basics,
23:45
Driving together ACES which I think is parents advanced
23:52
childhood experience. Another class called.
23:57
ABC early literacy. So she's been busy getting
24:02
educated on how to better be better.
24:06
Married, basically. She does have supervised visits
24:12
with her children scheduled with CPS.
24:16
She's gonna be engaged in counseling through great
24:19
lengths. Guidelines are zero to 9 months
24:24
recommendation unfortunately. Was.
24:27
Made to be 9 months. I have to say though, in all my
24:31
years being a criminal defense attorney I cannot recall it has
24:37
happened, but I don't believe I've ever had a client get a
24:42
recommendation at the top. It's not that it can't happen,
24:46
but I honestly cannot recall that ever happened from my
24:50
experience. You know, I rarely disagree very
24:56
strongly at all with the typical recommendations.
24:59
In this case, I do strongly object not to the extent of
25:06
pounding my shoe on the table or outside the bounds of decorum,
25:11
but I'll tell you why I absolutely agree that she was
25:20
negligent and totally responsible for the.
25:25
Her. Twins that are in 2 years old
25:27
now getting their feet scalded and she she pled guilty to that
25:34
and did take responsibility for it.
25:36
And I agree that that should have happened is the parents are
25:42
protected. And I could agree that maybe a
25:47
taste of jail might have the intended effect of the pressing
25:52
on her, the serious responsibility of being a
25:55
mother. I'm not an attorney in her black
25:59
case, but I've warned her that should her children ever be in a
26:07
similar situation in the future, I have no doubt that CVS would
26:13
be trying to remove her kids permanent.
26:16
So she is aware of that and takes that very seriously.
26:22
The reason why I I think the recommendation is way too much
26:27
is I think she has to continue to do the programs through CVS
26:33
and get involved with their counseling and probably most
26:36
importantly to. Not break the bond with.
26:38
Their children for nine months because there's no visits in
26:41
jail. So that's why I think.
26:46
Nine months is just. We had to bounce in mind now if
26:53
she fails to follow through with CPS, fails to follow through
26:59
with her visits, fails to do the classes, fails to do the
27:01
counseling, I think all those ones should be on the table.
27:10
So I'm asking essentially for no jail and you've heard following
27:19
through with Oliver. CBS requests.
27:26
Miss Robinson, is there anything you'd like to say?
27:29
Yes, I've actually Robinson, my honor, I've spent the last five
27:34
months long visitation my friend where I said I've completed 4
27:38
parenting classes. I spent every day the last five
27:42
months we're living with the incident that happened to stay
27:47
again, regretting walking out of that bathroom even for a second,
27:50
knowing that I've known I was talking about myself.
27:53
I now realize even though they can walk, talk and be
27:56
themselves, that does not mean they can be locked down.
28:01
I have since learned from my mistakes in our own last
28:03
meetings, Mr. Kowski anything on behalf of the people, Ron, we
28:10
believe the pre sentence investigation is accurate.
28:13
And. We leave it to the court's
28:14
discretion. The fashion fair and just
28:16
science Robinson, you're 21 years of age and I have no prior
28:23
record involved, not High School graduate, a parent.
28:31
And when the court took the plea in this case, I couldn't help
28:41
but think about those two children.
28:46
I didn't know the word debridement.
28:48
Before DEBR. IDEMENT and I think that's how
28:54
you pronounce it, but these one year old twins sustain severe
29:02
burns to their gait and debridement means removal of
29:05
tissue, I'm assuming to remove the damaged tissue based upon
29:13
what these children went through.
29:17
And you know, maybe I'm old school, but I remember the days
29:24
when when it came to bathing our children.
29:27
And actually that was my job as a parent and it was awesome.
29:36
Frankly, you're spending time with your children, but you're
29:43
watching everything they do because whether you place them
29:47
in a bathtub or if they're really young in in one of those
29:50
portable type of things that fold out, hold that hold water,
29:55
but you have to be in constant watch of these children.
30:02
I mean, you can't walk out of the room and not only did you
30:10
walk out of the room, but you walked out of the room for for a
30:13
few minutes. These children had what what
30:17
would happen if they slipped or you find them face down in in in
30:26
the in the. Tub.
30:32
I mean. As a.
30:34
Parent, I'm thinking to myself, Oh my goodness.
30:36
How in the? World, could you do that?
30:41
And then not only leaving them alone, but in such hot water hot
30:47
water that they'd have tissue removed from their feet.
30:52
Now I understand it was only a couple inches, but it didn't
30:56
make any sense when you read the pre sentence report and it
31:03
doesn't appear that there was burning to their bottom, so to
31:08
speak. It was essentially their their
31:11
feet. And and the court does take
31:16
judicial notice of the NA file. We can't speak about it what's
31:20
going on with it. But the whole idea is when you
31:25
are a parent, you have certain responsibilities, you have
31:28
certain duties you have to follow.
31:30
And the number one duty and responsibility is to your child,
31:34
in this case your children. I all I know is when we brought
31:42
our first child home and my, my parents were there, my wife's
31:49
parents were there, all the aunts and uncles were there.
31:52
And then all of a sudden they're all gone and it's just two
31:56
people and the child. And then it just came upon us.
32:00
Oh my gosh, this is our responsibility now.
32:05
And we had to be responsible. Were we perfect?
32:10
No. Were you perfect in this case?
32:14
No. But a message has to be sent
32:21
that you understand that your children are the most important
32:26
commodity in your life above a significant other, above a
32:31
parent, above a friend. Your children are everything.
32:37
You died for your children, essentially.
32:40
And you can look upon this case in a matter of ways. 1 You could
32:47
say lock her up, throw away the key.
32:52
You're a terrible parent. That's one way of looking at it.
32:54
On the other side, you have a 21 year old with no prior record
32:58
who some people might say, some people, I'm not the court's not
33:02
saying this, but some people might say you don't have
33:04
business being a parent, but you are a parent and you have to be
33:09
responsible. And there's another side of it
33:16
that look, I'm not experienced, I don't know necessarily how to
33:20
do this. They don't come with a manual.
33:23
I did my best and I really screwed up and there's no doubt
33:29
about that. This is a tough case for the
33:33
court because the court has to balance the interests of
33:37
society, the interest of justice, tailoring a sentence
33:42
that fits with the facts of the case that comport with the
33:45
guideline range in this case as well, and the guideline range on
33:50
this conviction on a 2 year felony to zero to 9 months.
33:56
That's it. And some people are going to say
34:01
throw, throw away the book. Others are going to say, wait a
34:04
second, the parent made a mistake.
34:07
Parent needs to step up, parent needs to move forward.
34:11
Because in in one alternative, if I just simply throw away the
34:16
key and follow the guideline range of nine months, Mr. Rudy's
34:21
right, there won't be visitation with those children in the jail.
34:25
That's an absolute unfit place for the child or children to be
34:28
visiting their parents. But on the flip side, if the
34:31
court just says, you know what, no harm, no foul conviction
34:37
enters, no jail time or minimal jail time, and then let the NA
34:45
case address the matter moving forward.
34:48
And frankly, I don't know what what the status is of the NA
34:51
case at this point. I, I'm not sure and I don't want
34:53
anyone you to comment on it, but I know that I will be presiding
34:58
over that case as well. And the number one concern of
35:02
this court, and it has been for years and it will continue to be
35:05
is these children. That's number one, even on
35:10
divorce cases, for instance, when parents are arguing and the
35:14
court has to make a decision regarding custody.
35:17
It's not based upon what we want to do, what's best for the
35:20
parents, but it's best for the child, child's best interest.
35:23
And that applies here as well. So with that long diatribe, it
35:30
will be the sense, the support. You'd be placed on a term of
35:34
probation not for three years, but for five years.
35:39
Conditions of probation include the following and standard
35:42
conditions. Not to violate the criminal law
35:44
of any of the government. Not to leave the State of
35:46
Michigan without prior Criminal Court notifying the probation
35:50
agent at least monthly or such times and places the agent may
35:53
require in order to complete any mental health or other other
35:57
recommended treatment following an assessment by a qualified
36:00
community based service provider.
36:03
Complete the Thinking Matters program not to engage in any
36:06
assaults of abusive, threatening, or intimidating
36:08
behavior. Clearly, this was not
36:11
assaultive, but this was abusive.
36:14
In hindsight, I've given you some credit there of walking
36:19
away from the children. That's another story, but we'll
36:22
address it. No verbal, written, electronic
36:24
or physical contact with anyone housed within an NDOC facility,
36:28
nor the same type of interaction with anyone that's engaged in
36:31
the behavior that constitutes violation of any criminal law of
36:34
any unity government. You may not use that any object
36:38
as a weapon. You cannot own have one of your
36:40
control area control weapon of any type.
36:42
You must not even possess an imitation weapon.
36:44
You can't be around anyone that possesses those items.
36:48
You're to contact the supervising field agent or
36:51
leader in the first business day following your placement on
36:53
probation or release from jail. You are to complete and comply
36:57
with all written and verbal orders of the agent submitted to
37:01
a search of your personal property, including without
37:03
limited to your home, vehicle or.
37:05
Computer. Without the need of a warrant,
37:07
if the agent has reached will pause you.
37:08
Items that violate the terms and conditions of your probation,
37:12
any arrest or police contact, loss of employment or change of
37:15
address must be reported to the agent within 24 hours.
37:18
In order to notify the agent of any services or a personal
37:22
protection order on you within 24 hours of service.
37:26
In order to make genuine effort to find and maintain legitimate
37:28
employment at a minimum of 30 hours per week unless engaged in
37:32
alternative programs. Approved by the.
37:34
Agent crime victims. Assessment.
37:37
Of $130.00 probation supervision fee of $30.00 per month regular
37:42
60 electronics court Cost of $200, payable the rate of $10.
37:48
We'll make that $5.00 a month fine of $200, payable 3 to $5 a
37:54
month. Courts waving attorney fees, $68
37:58
in state costs will be ordered. The Probation Office is
38:03
authorized and powered under statute to affect your
38:06
apprehension. Detention, confinement with up
38:08
to 72 hours of reasonable cause You of items that violate the
38:11
terms of your probation or they believe you violated the
38:15
condition of your probation. If referred to or successfully
38:19
complete any PA 511 programming based upon eligibility.
38:23
Over the next five years, you shall perform 40 hours of
38:26
community service. That community service must be
38:28
documented, submitted to the probation agent over the course
38:32
of your probationary term in written form.
38:36
Finally, guideline range is 0 to to nine months.
38:40
That means it's not a prison sentence.
38:42
That's and the court though the the stat and although it's been
38:47
placed upon the court that they are to consider the guidelines.
38:51
As I've stated before, we've had cases out there in other
38:54
counties where the guideline range was followed, but it was
38:57
overturned despite the fact that it was within guideline range.
39:01
Guideline ranges. 270 days in jail.
39:03
That will be the sentence for credit for one day served.
39:06
However, as it pertains to the 270 days for the 1st 90 days of
39:13
the sentence, he shall serve weekends.
39:17
He will report to the jail Friday at 6:00 PM, be released
39:21
Monday morning at 6:00 AM. The remaining jail time will be
39:25
held in advance. Now you are sentenced to 270.
39:29
You are to serve the 1st 90 on the weekends.
39:31
The reason the court is doing this is because there is a
39:34
companion in a case and most services are provided during the
39:38
week. By doing so, that will give you
39:41
the opportunity to continue with services to become a better
39:44
parent. But there's also that negative
39:47
side of the stink that is the county jail time.
39:50
Understand though, if you violate any of the terms and
39:53
conditions for probation, you come back back before this court
39:56
and you're found in violation. Don't worry about any programs.
40:00
They'll be just locked up. That's that's how important this
40:04
is. I'm considering Mr. Rooney's
40:06
argument here and he makes a valid.
40:09
If I do need to inform you of the right to seek leave to
40:11
appeal if you're. Financially able to.
40:13
Provide counsel of your own choice.
40:14
The Court will assign counsel for a public expense.
40:18
Please initial the receipt and questionnaire form requesting
40:20
the assignment of Council, both of which must be executed under
40:23
open files of course. Report within 42 days.
40:43
OK. I didn't is.
40:45
There. Is there DNA testing fee?
40:48
Was it audio? Is something.
40:52
OK. The court will order that.
40:54
I didn't see that in the recommendation, but we've got to
40:56
cut the order. Number 30, Yes, thank you.
41:03
The you are to also waive confidentiality and allow
41:05
treatment programs you're required to attend to.
41:08
Disclose information. To the agent, good luck to you,
41:12
Miss Rod. Thank you.
41:13
Good. Morning once again, friends, TCF
41:18
live, it's Monday. Greetings to Lindsay all the way
41:22
over in Paris today. I hope you guys are having a
41:24
good time and look forward to having you back here with us
41:28
next week for Sidebar. Sidebar's off this week still,
41:31
but we'll be back next Tuesday and I know Ellie is excited
41:34
about that. I got to say, with regards to
41:37
this case, I think it was a little harsh, personally.
41:42
You can tell me what you think in the chat, but you know,
41:45
parenting does not come with an owner's manual with an
41:48
instruction guide. I'm going to go out on a limb
41:53
and say that she probably was not given any skills either
42:00
through education or through how she was raised herself, and she
42:04
screwed up and the kid got injured.
42:06
And that sucks. But this seems like a lot to me.
42:09
I don't know. I always told my kids that the
42:11
goal of any good parent is to not mess them up too badly
42:16
because we're all going to mess up in one way or another.
42:19
It's just kind of the way it is. But I don't know.
42:21
If you have any thoughts, let me know in the comments.
42:23
Let's go. Oakland County, Michigan Judge
42:31
McGinnis, Let's see what's going on there.
42:41
Please state your name. Joshua.
42:44
Are you still using a mailing address on Sonia Ave. in Madison
42:46
Heights? Yes.
42:48
Ma'am. And are you consenting to this
42:50
attorney appearing on behalf of the attorney of record today?
42:52
Yes. Ma'am.
42:53
And could you just place your P number on the record too?
42:56
Yes, genre P72322. All right, thank you.
42:59
Today is the date and time that we had scheduled for delayed
43:01
sentencing. Mr. Vance was before the court
43:04
back on October 6th of 2025. At that time, the court accepted
43:08
his guilty plea to disturbing the peace and he was granted a
43:11
delayed sentence pursuant to 771.1 for a period of six
43:16
months. I did receive a report from Miss
43:19
Crandall, the probation officer that was supervising the
43:22
conditions of his delayed sentence.
43:24
At the time the report was issued, it indicated that he
43:27
still had an outstanding obligation to complete a one day
43:29
impulse control class. As I'm out here in the bench, I
43:33
see that there's been an e-mail sent over that has information
43:37
regarding a. Class.
43:38
What would you like to place on the record?
43:40
Your honor, he did complete that class, I believe.
43:42
The certificate was sent over to.
43:44
The certification officer. So.
43:47
He has. Complied with all of the.
43:49
Requirements of the delayed session.
43:52
All right. And Sir, tell me a little bit
43:54
about the delay. What?
43:55
What took you until the very? End of the delayed sentence
43:57
period to complete the class. Well, I scheduled it.
44:01
At probably like the middle of March and I actually did get
44:05
very lucky that they were able to squeeze me in when they were
44:08
able to. I'll just.
44:10
Say they're going to do it all. Kind of a long time.
44:13
OK. You did complete the other
44:15
requirements which included no contact with the complaining
44:18
witness, no negative contact, the large criminal activity, you
44:21
provided documentation that you had maintained full time
44:25
employment during the time that you were under this type of
44:28
supervision and you paid your fines and costs in full on the
44:31
date of your plea. The People had originally
44:34
indicated that if you were successful with the conditions
44:37
of your delayed sentence that they would allow you an
44:40
opportunity to have your guilty plea set aside and they were
44:43
going to dismiss the case. Is that how you want to proceed
44:45
today? Is there anything else?
44:48
You want to say in your clients. Behalf before we proceed.
44:53
All. Right.
44:55
Sir, Is it your desire today to withdraw your guilty plea?
45:01
Right. I will allow you to do that with
45:03
no objection from the prosecutor.
45:05
And then I'm going to grant their motion to dismiss your
45:07
case or get your paperwork indicating the case has been
45:09
dismissed at the front counter before you leave today.
45:12
Thank you. All righty.
45:20
Just a quick hearing there. Let's go.
45:23
Let's go back to Judge Prill. He has a new contestant in Huron
45:26
County. There are following files
45:31
257345. Then it pledged to domestic
45:36
violence third offense that would have been January 22nd
45:41
7386257386 at H. Then it pledged no contest to
45:48
complete crime. 87 FH that's absconded. 74 19 absconding and
46:12
tampering with an electronic monitoring device and in 7420
46:17
resisting instructing the police officer.
46:20
Now as I stated, each 45 plea was entered on January 12 and
46:28
7386, February 2nd, as well as 87, 7419 and 20.
46:35
Those of these were under on March 9, 2026.
46:39
Miss Karen Ireland has prepared a preset report covering all
46:42
files and that's dated March 19, 2026.
46:47
Miss Wisenbach, you and your client had the opportunity to
46:50
review the preset report. Yes, Sir.
46:52
Any objections to one report covering all files?
46:55
Yeah. Any additions, deletions,
46:58
corrections, or objections other than guidelines relative to the
47:01
preset report. Yes, Your Honor, go ahead
47:05
please. On page 9 there is a victim
47:09
impact statement listed for an individual who is not part of
47:13
this case. I.
47:14
Have gone. Through all of my clients cases,
47:17
pulled out all the names of witnesses, discharged,
47:20
dismissed, uncharged. I can't find this individual's
47:24
name even. Listed.
47:26
Anywhere, even as a witness. So I.
47:28
Would ask the prosecution. To.
47:30
Enlighten me if that is incorrect and this person is a
47:33
genuine victim of this case somehow.
47:35
But I don't have that. He is like I said, I don't do
47:39
all of them to figure out like. Who's witnesses and who to and?
47:42
This this person is and then readings actual impact statement
47:46
is bizarre because it doesn't fit anything that's been going
47:50
on in Mr. Cook's cases. So I don't think this
47:53
individuals PS or victim impact state belongs here.
47:56
Mr. Rakowski, I need to start with Miss Everline first is
48:01
everyone. Hi, Collegium.
48:03
Which? Name are you with?
48:04
Preference please. Randall Sturm.
48:06
Randall Sturm. We know the name Your Honor from
48:47
People versus Matt Shears didn't affiliate him with this file.
49:36
None. Your Honor, we can remove that
49:40
one. I don't.
49:43
I let the plus chair's office have something.
49:46
I don't actually. We have no objection to that.
49:48
You're on all right. We will strike beginning on page
49:54
nine of the report where it begins in bold office of Huron
49:58
County Prosecuting Attorney restitution claim sheet, that
50:01
entire portion of that page. To the top of age 10, after the
50:14
name Van Houten, Does that address that twice about?
50:19
Yes, thank you. Anything else relative to the
50:22
report please? Not with regards to the report.
50:26
All right, Mr. Cook, do you agree with that, Sir?
50:27
Yes, I do. Mr. Rykowski, any objection to
50:30
the report as well? Any objections for the
50:33
guidelines? Anything you'd like to say after
50:37
your client? Take care.
50:40
The zip code. Comes before the support.
50:42
He is a young 30 years old and he has already been to prison in
50:47
Michigan and Wyoming. So sent to the sport couple
50:50
years ago. So.
50:51
When we were. Discussing this, he knows what
50:54
to expect. He plans on taking courses and
50:57
mowing and selling programs that can help him.
50:59
He has, through his wife and himself, asked me how we can
51:02
consider some alternative treatments for his anger
51:06
management issues and I know of none.
51:08
If this court has them, then we would ask the court to consider
51:11
that. I'd also asked the court to
51:14
interview with the PSI to see that he had.
51:16
A rough start. To life.
51:17
When he was 14 years old, he found.
51:19
His first juvenile. Offense.
51:20
In 2009 and also in this. Report you'll find that he had
51:25
an extremely abusive stepfather. That's how he lands that first
51:28
charge when he's the young little youngster of 14 years
51:32
old. He has been mad about things
51:35
that have occurred in his life that he cannot control.
51:38
His mother had referred him to the Wyoming Behavioral Institute
51:41
when he was 16. And then the PSI notes he just
51:44
gets mad at little things and breaking things.
51:47
His anger comes from he was separated from his mother.
51:51
They moved around constantly between the He moved around
51:53
constantly between his mother and his father.
51:55
Father was abusive towards his mother, his stepfather was
51:58
abusive towards him severely. This again as a reminder that
52:01
first juvenile case that he picked up was was the result of
52:05
being abused by his stepfather. Then unfortunately, the woman
52:08
that he was close to, his mother, passed away when he was
52:12
1920 years old of cancer in 2015.
52:15
And that has had its impacts when you cannot understand the
52:21
bubbling inside of you and the feelings and they and they, they
52:24
leaked out. That's where his anger has come.
52:27
From. He had a graduation in 2014 from
52:31
high school, and then he found himself in prison.
52:33
No jails, no no pass, go straight to prison when he was
52:37
19 years old in Wyoming. He was, eventually.
52:42
Out there was an incident. I believe it was in 2020.
52:47
Here he was sentenced to prison again, no pass go, just go
52:52
straight through and go to prison.
52:54
No jail time. So he sat in Michigan prison for
52:57
two years and then went back to Wyoming.
52:59
Initially made his way back to Michigan and there was a time
53:03
where he had completed everything in most of these from
53:06
from probation. Him and his wife could have been
53:08
married one year at the end of this week.
53:11
And it. Was a relatively small incident
53:14
with her that brought him back to court and then it kind of
53:17
snowballs from there. All of the things that.
53:20
Are charged, uncharged, dismissed, etcetera are to do
53:26
with being mad and angry and having internal feelings.
53:29
He doesn't have a lot of control over.
53:31
It Continental Reynolds just mad about the game gaming system.
53:35
Northgate Tire mad about what's going on with this?
53:37
Walmart. Somebody looked at me funny.
53:39
Everything makes him very, very angry.
53:41
He's angry at nothing. He's angry at everything.
53:43
He's angry at everything and. Those are the.
53:47
Things that we have reports for. I need you to also know there's
53:52
another side to shame that there are no reports.
53:54
For. But there's going to be someone
53:56
who's expected to address this court, his wife.
53:59
Wrote a letter that the. Court should have received and
54:03
she does want to speak in court. She isn't.
54:05
Allowed as a victim. So it was the.
54:06
Thing about a bird and he just got mad.
54:09
So there was that. But you will recall we were here
54:13
days before Christmas. And.
54:15
From the screen. He he didn't want.
54:18
To talk to me about police reports to the senator he wanted
54:22
to talk to you about being able to spend time with a 7 year old
54:25
stepdaughter for Christmas and he probably begged you 3 to 4
54:29
different times and he may have been arrested court but that was
54:32
his focus was to. Spend.
54:34
Family time at Christmas. This is the.
54:37
Side of Shane, it's not going to make a report and it's barely
54:40
going to make it in front of you, but he was begging for
54:42
that. Time.
54:43
So. Unfortunately.
54:44
He just sit in jail over Christmas.
54:46
They did eventually celebrate Christmas with that small child
54:49
later. So I haven't met Keira Rose, but
54:53
she does think a lot of Shane Cook.
54:56
And. She is just a small child with.
54:58
Me, he has been polite. Respectful, 99% percent
55:03
responsive. A couple of times when he's not
55:05
responding to me, when he's not there in court and he's not
55:08
going to answer my question. But for the most part, he is in
55:12
the office. When I asked him to be there.
55:13
He is reviewing paperwork I asked him to review.
55:16
He had no concerns. As a female attorney, having him
55:19
alone in my office, he is very appropriate.
55:21
He has. We've had good conversations.
55:23
He gets a little excited. About things and and we're able
55:26
to talk with him and work him down.
55:28
He has been wrongly treated a lot in life and again, when you
55:32
don't know where to put emotions, they leak.
55:34
Out. Into places they shouldn't and
55:36
that's understood. But he has taken none of this
55:40
out on me. He has had the obedient court to
55:43
has had these responding or didn't get out for Christmas and
55:46
things to that effect again. He asked me to his wife and
55:50
himself for treatment as a result of where we are now.
55:55
I do know. He knows just as well as I do
55:57
that there are courses in the prison system for domestic
55:59
violence awareness, how it effects children, anger
56:03
management and counseling that we need.
56:06
And so again, another piece that you're not going to hear from
56:08
anybody else except for me and from.
56:10
June. Is that on April time?
56:12
So at the end of this week, they're going to celebrate one
56:15
year wedding anniversary and they have had continued
56:18
conversations about their lives once this is over.
56:21
So there is a spark at the end of this pact for him that he's
56:26
looking to pursue with his wife and her child.
56:29
So I wanted you to be aware there's two sides pushing, but
56:32
there's there's a problem of police reports that don't say
56:35
the same. I want you to be aware of that.
56:37
And again I. Expect that you're going to hear
56:39
from. June as as it gets up very
56:41
shortly. Thank you, Miss Pleisenbach,
56:43
Does your client wish to address them?
56:47
No. Mr. Murkowski, anything on
56:49
behalf of people and say that this is a victim's rights case.
56:52
My understanding is that would like to talk to the court,
56:54
please. Good morning, Miss Van Houten.
57:05
What would you like to tell the court?
57:07
I would like to actually tell the court that yes, he might
57:12
have an issues. And.
57:15
It's understandable considering the facts, but he is a very kind
57:21
and caring person to my family, to me, to my daughter and the
57:27
fact that all. You.
57:30
Guys here is the negative it's not all that he is very
57:37
responsible at home and the fact that he helps out when out
57:42
without even being asked to do things.
57:46
He helped me with my mental status.
57:49
I'm sorry I am bipolar schizophrenic.
57:54
He helped me through that and without him being around it's
58:03
difficult and. Would you like to have a seat?
58:20
You can have a seat if that would help.
58:26
And the fact? That.
58:28
Not having him around it is very difficult I'm going through.
58:33
A lot of. Problems with my ex and being
58:37
around. I've already talked to the
58:39
police officers about it and even though he's in jail, he's
58:46
still helping me out and I wish that everybody would.
58:52
See that inside the letter that I.
59:11
Put he's helped my mother getting back and forth to
59:16
doctor's appointments because she had to get surgery on her
59:19
eyes. And he's also helped take my
59:25
daughter back and forth to work to school.
59:28
And even I know for a fact even though he has problems with his
59:37
wrist now, once he gets out he's still going to help out and I
59:47
just wish. That.
59:50
There was other ways. Of helping him instead of just
59:54
sending him to prison or keeping.
59:56
Him in jail. Thank you.
1:00:00
Appreciate it. Just just to be clear, your name
1:00:02
is spelled Dan Capital HOUTE. Thank you.
1:00:08
You're welcome. Strzokowski, behalf of the
1:00:23
People, on behalf of the People, the defendant comes before you
1:00:27
with four prior felonies and four prior misdemeanors.
1:00:30
And I guess when I look at the pre sentence investigation,
1:00:34
which I believe is accurate and very complete, I think of
1:00:40
history. History as an indicator of
1:00:42
things. Doesn't mean that people can't
1:00:45
change, but it is a indicator of of behavior.
1:00:49
So I look at things and I say, OK, so as a juvenile, he was
1:00:53
involved in the system. And I understand what Miss
1:00:56
Weisenbach had said. Part of it was he took his
1:00:59
mother's car, caught it on fire, jumped out of it, broke his
1:01:01
wrist. And what we have now, he ran
1:01:05
from the police. That would be Officer McGrath
1:01:08
when he. Was told to stop.
1:01:10
And broke his wrist. Then we have from him being
1:01:14
assaultive, assaultive as a juvenile, the court had
1:01:18
sentenced him to two years nine months for strangulation, which
1:01:21
is pretty significant when we talk about some of the crimes of
1:01:26
domestic violence because of the strangulation, you put your your
1:01:30
hands on somebody's neck to restrict their breathing.
1:01:33
And the court rightfully had sent him to prison for that.
1:01:36
That's an indicator. And then we have a domestic
1:01:38
violence third here, which you know from the past the the hate
1:01:44
crime, you know what he said to. The.
1:01:47
The people from Continental Rental, I mean, that's not
1:01:50
acceptable at all. And then I looked at his past
1:01:56
record from Wyoming, MI concerning leaving.
1:02:01
He had cut his tether at one point in time here.
1:02:03
He didn't cut his tether on the tampering.
1:02:05
What he did was he, he had the V check on his phone.
1:02:09
He just deleted the app so that he couldn't be tracked by
1:02:11
anybody. You know, with all that being
1:02:13
said, our concern really, quite frankly, is as he was brought up
1:02:18
earlier, you know, he has a lot of anger issues and somebody may
1:02:22
look at him wrong, somebody may say something wrong.
1:02:25
Well, the response is going to be something pretty violent.
1:02:27
And so because of that, we asked to adopt the recommendations as
1:02:30
they relate to the domestic violence 3rd as well as all the
1:02:35
other crimes. We believe that we're at a point
1:02:37
now where it's just protection of society.
1:02:39
We ask to protect society. Thank you.
1:02:46
Before the court is a 30 year old man, 4 prior felonies, 4
1:02:49
prior misdemeanors, High School graduate, excuse me, and comes
1:02:56
before the court with rather serious felonies, domestic
1:03:01
violence. Third, a hate crime scouted, 2
1:03:04
separate counts, tampering with an electronic device, resisting
1:03:08
disruption. And on the one hand, the court
1:03:12
has to consider the defendant's history.
1:03:15
Juvenile record is upbringing, which is all part of the
1:03:18
precentric work. And to say that Mister Cook was
1:03:23
wrong, wrongly treated and his youth would be an
1:03:26
understatement. It is an understatement and as a
1:03:30
result of that, sadly. We are the.
1:03:33
Products of our environment, that is our upbringing, that is
1:03:39
how we learn things and how we cope with things and so the
1:03:44
court clearly understands the prior history and and also
1:03:52
considering the upbringing and all of that when we're trying to
1:03:55
fashion an. Appropriate.
1:03:56
Sentence. Of course, there's the other
1:04:03
side of the. Story.
1:04:05
And the old saying is basically 2 wrongs do not make a right.
1:04:14
And clearly Mr. Cook was wronged when he was much younger in his
1:04:20
upbringing. And the court is aware of the
1:04:24
sense that was previously imposed for the strangulation
1:04:27
conviction, which was significant.
1:04:30
But under the facts and circumstances of the case, it
1:04:33
was warned to. And here the ultimate goal is if
1:04:39
you go to prison, for instance, is that.
1:04:44
Is that a? Part of rehabilitation, you
1:04:46
learn from that and say, look, I just don't want to engage in
1:04:49
this behavior again. And sure, there may be programs
1:04:54
available in. The department of.
1:04:56
Corrections relative to rehabilitative programs and in
1:05:01
the court when fashioning a sentence would strongly
1:05:04
encourage the department to see what programs may be available
1:05:07
for individuals like this considering the mental health
1:05:11
and considering the prior history and upbringing.
1:05:14
But as I've stated, 2 wrongs don't make a right and in this
1:05:20
case, at least on the domestic violence 3rd, as the court
1:05:25
understands it, the defendant had killed a bird.
1:05:32
Significant other went to tend or go to the bird.
1:05:37
Defendant. Pushed the victim into a stove
1:05:43
injury. Police called etcetera.
1:05:48
The second case regarding a hate crime according to the
1:05:52
preception order racial statements that the defendant
1:05:59
would shoot the victim a dumb N beat his A&F him up.
1:06:08
And when you look at the scales of justice, she's blind.
1:06:14
She's blindfolded for a reason. It doesn't matter who you are,
1:06:17
where you come from, whatever your background, doesn't matter
1:06:21
if you're Christian, Muslim, Jewish or no faith or you're
1:06:27
red, green, brown, yellow or it does not matter.
1:06:30
We're all human beings and we need to treat each other that
1:06:34
way. I think our society clearly
1:06:36
shows that right now that we're not doing that.
1:06:41
And so when these the statements are made to an individual who's
1:06:44
merely doing his job, there's no justification or excuse.
1:06:48
For. It and then what happens when
1:06:54
basically paying the fiddler here, so to speak, defendant
1:06:59
fails to appear, absconds, tampers with his his tether
1:07:04
device, takes the app off the phone and then when confronted
1:07:08
by police resistance obstructs. I believe they found him
1:07:11
underneath the bridge. It's where they.
1:07:13
Found him at the end of the day. So clearly one side of this is
1:07:20
the upbringing history court understands that.
1:07:24
But on the other side is, wait a second, what's going on here?
1:07:29
And what's going on here, sadly, is an individual that in some
1:07:33
respects does need some help, but he has to pay piper here for
1:07:39
the crimes he's committed, which are significant guideline range
1:07:43
scores that the court has considered are appropriate.
1:07:47
Domestic violence 19 to 57, hate crime 7 to 34.
1:07:52
The absconding first 12 to 36, second 12 to 48 and then finally
1:07:58
reducing instructing 7 to 46 will be the sentence of this
1:08:01
court in 7345. FH that defended be committed to
1:08:05
Michigan Practice Commission placed in their custody for a
1:08:08
period of four years to 10 years.
1:08:11
Credit for 79 days previously served Crime victims Assessment
1:08:15
of $130.00 will be imposed. Attorney fees are waived, $68 in
1:08:20
state costs will be ordered. 7386 will be the sentence of
1:08:27
this court. Defended Be committed to the
1:08:29
Michigan Corrections Commission. Placed in their custody for a
1:08:32
minimum of 2 1/2 years. To.
1:08:34
Four years credit for 68 days served.
1:08:38
Restitution to Continental Rental in the amount of
1:08:40
$3551.37. The defendant is to execute a
1:08:46
wage assignment to pay that if he's employed and this is 2
1:08:49
regularly scheduled payments. Crime victims assessment of
1:08:52
$130.00. Attorney fees in all the files
1:08:55
are waived $68 in the same cost. Will be ordered. 7387 will be
1:09:02
the sentence of this court going to be committed to the Michigan
1:09:05
Corrections Commission, placed in their custody for a period of
1:09:08
not less than two years to a maximum of eight years.
1:09:11
Credit for 73 days previously served.
1:09:14
Crime victims assessment of $130.00.
1:09:17
State cost of 68 dollars. 7419 absconding on bond.
1:09:24
Second count for the secondary charge assets will be two to 15
1:09:30
years. Credit for 66 days served with
1:09:32
$130.00 to crime victims assessment and $68 in state
1:09:36
cost. Count 2, tampering with
1:09:40
electronic monitoring device, 365 days in the county jail.
1:09:45
Credit for 66 days previously served, $68 in state cost will
1:09:51
be ordered. Finally resisting instructing a
1:09:55
police officer sentence of two years to 15 years credit for 66
1:10:01
days previously served restitution to Deputy McArdle in
1:10:06
the amount of $54.79. Total restitution is going to be
1:10:13
64323. And to the Sheriff's Office, I
1:10:17
believe this was their damaged body Cam $588.44 That would be
1:10:24
the Maddox Police Department. So 5479 Sheriff's Office 58844
1:10:30
bad acts defendant is to execute a way to sign to pay
1:10:34
restitution. If you is employed in this is
1:10:36
two way to reschedule your payments.
1:10:38
Crime victims assessment of $130.00 and $68 of stake costs
1:10:42
will be ordered. All of these matters shall run
1:10:45
concurrently with each other. I need to inform the defendant
1:10:48
he has right to seek leak to appeal if he's financially
1:10:51
enabled to provide council of his own choice.
1:10:54
Will sign. On the form of public.
1:10:55
Expects peace to initial the receipt questionnaire point
1:10:58
requesting to be assigned to the council, both of which must be
1:11:01
executed under all filed report within 42 days.
1:11:22
Friend who manage. The custody of the show.
1:11:35
Okie, Dokie, friends, let's stay in Michigan.
1:11:39
Hello, Ellie. But let's go.
1:11:42
Let's go over to Judge Elmore. He's in Misaki County this
1:11:45
morning. Let's see what's going on there.
1:11:47
Case of people. The state of Michigan versus
1:11:49
James Eldridge. This is going to be case
1:11:52
#26-3668 FH. Appearances from Council please.
1:11:59
Thank you. I'm David and how I have the
1:12:00
people. Robert Hertel.
1:12:02
From Mr. all that she joins with the table.
1:12:04
Here. All right.
1:12:04
Thank you. We are here this morning for a
1:12:13
an initial pretrial conference, but I've also been told today
1:12:17
that there will be a. Plea here, now on the court.
1:12:20
File is a copy of a written pretrial agreement and a an
1:12:29
advice of rights. Mr. I'll say it looks like here
1:12:35
the well, initially it said a a no contest plea, but I'm told
1:12:39
now it's going to be a guilty plea.
1:12:42
Looks like the defense is going to plead guilty to count 1
1:12:44
possession of the controlled substance methamphetamine.
1:12:48
Count 2, assault resist obstructive police officer.
1:12:52
Count 3, which is operating with a driver license suspended,
1:12:56
denied or vote, that will be dismissed.
1:12:59
Also Count 4, operating without security, also known as
1:13:02
insurance, that will be dismissed and the 4th habitual
1:13:06
felony offender enhancement will also be dismissed.
1:13:10
Plus there is a agreement asset sentencing that would be a jail
1:13:16
cap pursuant to kill a group which would mean no more than a
1:13:20
year in a county jail. Did I get it correct?
1:13:22
Mr. Denham? Mr. Hotel.
1:13:26
All right, Mr. Aldridge, is that how you wish to resolve today's
1:13:28
file? You may remain seated, but
1:13:31
please raise your right hand. Sir, do you swear or affirm that
1:13:34
the information and testimony you're about to provide shall be
1:13:37
the truth, the whole truth? Nothing but the truth.
1:13:39
Yes, Sir. You may lower your hand.
1:13:41
All right, Mr. Aldridge, looking back on February 11th of this
1:13:47
year, 2026, were you on probation, parole or bond at
1:13:52
that time? No.
1:13:54
Now you are currently charged on the felony information that's
1:13:57
contained here in the court file.
1:13:59
And on that felony information, as I've already mentioned, there
1:14:03
were 4 counts and then in sentence 8 sentencing
1:14:07
enhancements. Count 1 is the charge of
1:14:10
possession of the controlled substance Methamphetamine which
1:14:13
is a felony punishable by up to 10 years and or up to $15,000.
1:14:19
Plus with the 4th habitual felony offender enhancement on
1:14:22
there that could increase the maximum penalty from up to 10
1:14:26
years to up to life. However, if you plead guilty to
1:14:30
count 1, the 4th habitual enhancement will be dismissed
1:14:34
and therefore you'd face the up to 10 years.
1:14:37
Now Count 2 is a charge of assault and resist instruct a
1:14:40
police officer which is a felony punishable by up to two years
1:14:44
and or up to $2000. And with the sent to 4th
1:14:50
habitual felony offender enhancement that could within
1:14:53
the discretion of the court increase the potential
1:14:56
punishment from up to two years to up to 15 years.
1:14:59
However, if you plead guilty also to count 2, that
1:15:02
enhancement will be dismissed, which will mean it's only a
1:15:06
felony part will buy up to two years and or $2000.
1:15:15
And this Mr. Donnell and I assume that the count 2, the R&O
1:15:20
did not involve a place of confinement at the time.
1:15:23
It did not you're. Very briefly.
1:15:25
Defendant. Left his vehicle.
1:15:28
The reason that question is important, Mr. Aldridge, is that
1:15:31
there could be what's called consecutive sentencing, which
1:15:34
means whatever sentence I gave you for the possession of meth
1:15:38
would have to be served before you could then serve the
1:15:40
sentence for the RNO. However, because it's not in a
1:15:44
place of confinement, such as in the jail, that doesn't apply and
1:15:48
they would run concurrently at the same time.
1:15:50
I understand. All right, all right.
1:15:53
Count 3 is a charge of driving or operating a vehicle why
1:15:57
you're licensed, suspended, denied or revoked.
1:15:59
That's a misdemeanor partial by up to 93 days and or up to $500
1:16:04
in fines and costs, plus vehicle immobilization.
1:16:07
However, that will be dismissed. And lastly, count 4 is a charge
1:16:13
of operating a vehicle without security, also known as
1:16:16
insurance, which is a misdemeanor partial by no more
1:16:19
than one year and not less than $200.00, but no more than $500
1:16:23
in fines and costs. That count will also be
1:16:26
dismissed. So far.
1:16:27
Is that what you understood to be your pretrial agreement?
1:16:30
Yes, Sir. Now, there's another part of
1:16:32
this pretrial agreement today and that is regarding sentencing
1:16:35
and that's an agreement that you have reached with the
1:16:37
prosecutor. I don't know if I'm going to go
1:16:40
along with it yet. I know I've seen you some time
1:16:43
before, but please forgive me if I don't remember everything.
1:16:46
All right, good. So that's good thing.
1:16:49
But anyways, I don't know what I'm going to do because I don't
1:16:53
know the full story about what everything happens.
1:16:55
But what the agreement means is you've agreed that I would give
1:16:59
you no more than a one year jail.
1:17:02
Cap means no prison, means five days to get comic time.
1:17:06
It could be 6 months, it could be 10 months.
1:17:08
I don't know. The point is, is if for some
1:17:10
reason when we come back and I don't follow it and I gave you,
1:17:14
say, a prison term, then you would have the right to withdraw
1:17:18
your plea and come back to this stage.
1:17:20
That's what a killer agreement means.
1:17:22
You understand that? All right, now we're going to
1:17:25
talk about potential sentencing and guideline ranges in just a
1:17:28
minute. Now, I'm going to hold up here.
1:17:31
This pretrial agreement, I know it's a little bit of a distance,
1:17:34
but did you, it looks like you signed here on page 2, is that
1:17:39
correct? Did you sign there?
1:17:41
And before you did, did you go over the terms of the pretrial
1:17:44
agreement with Mr. Hardtime? Was he able to answer all your
1:17:47
questions? And did he go over the the
1:17:50
evidence against you, whatever that is, the police reports,
1:17:53
things like that? Yes, he did.
1:17:54
And are you satisfied that with his representation thus far?
1:17:58
Yes. I am.
1:17:59
And you believe that so far, taking this plea would be in
1:18:02
your best interest? Yes, Sir.
1:18:04
All right, maybe not the greatest thing we're going to do
1:18:06
today on a Monday morning, but it's at least probably better
1:18:09
than the alternatives. Do you agree?
1:18:12
Now if you enter these pleases guilty today that I've
1:18:15
discussed, you're not going to have a trial.
1:18:16
Does that make sense? Now one of the other documents
1:18:20
that the attorneys have provided to me is called an advice of
1:18:23
rights. I'm going to hold it up here.
1:18:28
And it appears to have your signature at the bottom.
1:18:31
Is that your signature? Yeah, I have my attorney signed
1:18:34
on my behalf. He sent me an e-mail.
1:18:36
I went over it with him. And then.
1:18:38
All right. So did you read through these
1:18:39
rights before you had them signed?
1:18:41
Yes, it did. And did you understand those
1:18:43
rights that are written on this piece of paper?
1:18:45
And even more importantly, do you understand that if you plead
1:18:48
guilty and I accept that plea, you'll be forever waiving these
1:18:50
rights as they apply to this particular case?
1:18:53
All right, also you'll be given a threat to come back to the
1:18:57
court and claim that the appeal today was, I'm sorry that the
1:19:00
plea today was resulted, some kind of promise, threat
1:19:02
inducement not told to me today on the record.
1:19:05
Other than the terms of this agreement that we've gone over,
1:19:08
have there been any other promises, stress, stress,
1:19:11
coercion and make you plead guilty?
1:19:14
Are you doing it therefore, of your own free will?
1:19:17
Now, I told you a moment ago that we're going to talk about
1:19:19
Michigan sentencing guidelines, and I know you're familiar with
1:19:23
them before, and I don't say that to be rude, but I just also
1:19:26
going to say I know it looks like Mr. Hartel's talked to you
1:19:29
about them because on this pretrial agreement that you and
1:19:32
I talked about, it had a guideline range of 5 to 23
1:19:35
months. Did Mr. Hartel go over with you
1:19:38
about what? So here's what I need to make
1:19:41
sure you understand. Sentencing guidelines are not
1:19:45
mandatory. They are mandatory for the court
1:19:48
to review. But what they actual, what they
1:19:50
actually provide the minimum range.
1:19:53
It's not mandatory, but it is something the court must use.
1:19:57
I just want you to understand that even on this form it says
1:20:00
an estimated guideline range, right?
1:20:02
All right, so we don't even know.
1:20:04
The attorneys do a really good job at trying to make it a good
1:20:07
guess, but it takes the Department of Corrections and us
1:20:11
coming back before we actually know what the.
1:20:13
Those guidelines say, do you understand?
1:20:15
Also, has anyone made any promises, threats from, I'm
1:20:19
sorry, any promises to you is exactly what my sentence would
1:20:22
be. All right, good.
1:20:23
All right. But it no matter what, if it's
1:20:26
above that 12 month period of time which you've reached an
1:20:30
agreement with the prosecutor, if I were to give you 13 months
1:20:33
or 12 months and five days, whatever, you'd have the right
1:20:37
to withdraw your plea. Do you understand?
1:20:39
And that doesn't mean I'm not going to go along with it, but I
1:20:42
also don't know and I don't remember every detail.
1:20:44
So we'll see how things go. But 12 months would be within at
1:20:48
least that estimated guideline range.
1:20:51
All right, Mr. Aldridge, before I take the plea, do you have any
1:20:54
questions for me at this time? No, Sir, I do need to ask
1:21:00
everything with me. All right.
1:21:01
Good. Thank you.
1:21:03
All right. Therefore, Sir, ask to count 1,
1:21:05
possession of methamphetamine. How do you plead?
1:21:08
And ask to count 2, assault resist obstructive police
1:21:11
Officer. How do you plead?
1:21:13
Now, before I can accept those, please, I need to have you tell
1:21:16
me what you did that makes you guilty.
1:21:18
Those two offenses. Turning your attention back to
1:21:21
February 11th of this year, 2026, out in Lake Township here
1:21:27
in Misaki County. What happened?
1:21:30
I'm going to guess because I see a couple troopers names listed
1:21:33
on the witness list. Did you get stopped?
1:21:35
Yes, Sir. Were you?
1:21:37
Pulled over. OK.
1:21:39
There is the. Construct that I got out of my
1:21:42
vehicle and yeah I didn't I didn't go very far so all right
1:21:49
I said yeah, I actually came right back but they yeah, I'm
1:21:53
guilty it's kind of odd you know, in a small town we pretty
1:21:56
much know who everybody is so it's pretty easy right so let me
1:22:00
ask a couple key questions here when you pulled over the car,
1:22:03
did officers or troopers turn on their lights Their lights
1:22:06
weren't on yet no, but you recognize that it was a.
1:22:09
Police. I did recognize it.
1:22:10
Was a police. All right.
1:22:11
And when you got out of the car and took off, did they say or do
1:22:14
anything to try to get you to stop?
1:22:16
He he wasn't that. Close yet, Sir.
1:22:17
OK, but you knew you were trying to evade him.
1:22:20
Definitely. All right.
1:22:21
And what did he did you pass and he turn around or tell him?
1:22:24
Yeah, Yeah, I passed him. Turn around.
1:22:26
So you saw him turn around? Yes.
1:22:28
All right. And all right.
1:22:31
And then at the time, did you have some methamphetamine in
1:22:34
your possession or in within your area of control?
1:22:37
Yes, I I knew there. Was a a type of.
1:22:40
In the. Door of the car I.
1:22:43
Knew it was there and I got in the car and left with the car
1:22:46
anyway and I didn't think anything of it and but I knew it
1:22:51
was there. So hold on, what kind of car
1:22:54
were you driving? Is a Dodge Avenger?
1:22:59
All right, so all I'm trying to do is was that in the pipe with
1:23:03
the IT had some kind of residue or extra meth inside of it, is
1:23:06
that right? Yeah.
1:23:07
And so when you said it was in the door, was it in the driver's
1:23:10
side door next to where you were as a driver?
1:23:12
Yes, it was. Was anyone else in that vehicle?
1:23:15
No. All right, so and so.
1:23:17
Did you have in your opinion or in your mind at that time any
1:23:20
lawful reason to possess that amount of methamphetamine, no
1:23:23
matter how much it was? No, Sir, no.
1:23:26
All right, good enough. And that was that.
1:23:28
Because you would. Put it there.
1:23:30
Sometime prior to or. I just received.
1:23:32
Car. And I just got in the car and I
1:23:33
opened the door and I seen it there.
1:23:35
Yeah, I just, I knew it was there.
1:23:37
It was in my, it was in my possession, in my controlled
1:23:39
space. OK.
1:23:44
Probably not one of the better days or choices for you, would
1:23:46
you agree? All right, so here's all I care
1:23:49
about. You knowingly possess something
1:23:51
that had methamphetamine to some amount within it, is that
1:23:54
correct? All right.
1:23:55
Good enough. Thank you.
1:23:57
Mr. Denon, are you satisfied with the testimony provided by
1:24:00
the defendant? Are you aware of any other
1:24:02
promises such inducements? And you believe that I've
1:24:05
complied with 6.302? And Mr. Hertel, how about you to
1:24:10
all three? All three in the same.
1:24:11
Room. All right, Thank you.
1:24:13
All right, Now, there's one small thing here that I'm
1:24:15
starting to pay much more attention to.
1:24:18
I think it's silly that somebody would go to the appellate court
1:24:22
and argue this, but this killer brew agreement says no more than
1:24:27
a jail cap. That does not mean that I can't
1:24:32
assess fines and costs and probation.
1:24:36
Would you agree, Mr. Denham? Yeah.
1:24:38
Sure, I did not need to apply that.
1:24:39
How about you, Mr. Hartel? I would concur.
1:24:42
In fact, if he ended. Up on probation, I'm sure he'd
1:24:44
be happy. All right, Mr. Aldridge, do you
1:24:49
understand that I could give you fines and costs and probation?
1:24:53
All right. What happened is recently I came
1:24:56
across an appellate decision where somebody went back and
1:25:00
they got the killer brew agreement with the jail time,
1:25:04
But then they decided to spend lots of time and money to fight
1:25:07
over whether or not they should be ordered to pay the $1500 in
1:25:10
fines and costs because it wasn't well covered in the
1:25:14
description of the pretrial agreement.
1:25:17
So I'm just going to make sure I cover it.
1:25:20
So all right, Mr. Aldridge, I don't think you would have
1:25:22
thought that. I guarantee none of the
1:25:23
attorneys would have thought it. But that's what happens when
1:25:26
it's a Wednesday afternoon and I'm in the office and reading
1:25:30
all the appellate decisions. Oh, she's giving me people that
1:25:37
haven't even done anything. All right.
1:25:38
So anyways, the court finds the defendant guilty of Counts 1 and
1:25:42
2, Counts 3 and 4th and the habitual advancement enhancement
1:25:46
will be dismissed later on at the time of the sentencing.
1:25:50
Mr. Aldridge, we're going to come back here in about four,
1:25:52
maybe 5 weeks. Depends how the spring rolls
1:25:56
out, but and that's when we'll do sentencing.
1:25:58
Between now and then, an agent from the Michigan Department of
1:26:01
Corrections is going to prepare a pre sentence investigation
1:26:04
report. And I know you've seen these
1:26:05
before and you're going to get a packet, you're going to complete
1:26:09
that packet, turn it back in. You also will be subject to an
1:26:13
interview with an agent from that office and you have the
1:26:15
right to have your attorney, Mr. Hart's health, present during
1:26:18
that interview. And third, within that Mister
1:26:21
Hartels can we need to make sure he gets a hold of?
1:26:23
You so we. Can go over that report with
1:26:25
you. He'll probably get in about 10
1:26:27
days to two weeks prior to us coming back for sentence.
1:26:30
And each side has the right to come back to this court and
1:26:34
request corrections or make objections to the content, the
1:26:37
scoring of the guidelines and all those things.
1:26:40
Please keep in mind once again that the guidelines are not
1:26:42
mandatory. And when it makes a
1:26:44
recommendation, answer the sentence and is strictly that as
1:26:48
I am the one who makes the determination.
1:26:51
So before you leave. Today you're going to go
1:26:53
upstairs to the probation and control office.
1:26:55
We have all three of them here today and they'll give you that
1:26:59
packet, schedule you the interview.
1:27:01
I encourage you to make sure. And even though that when was
1:27:04
your last time you were here 3-4 years now.
1:27:08
Well, they can go back and take a lot of the information from
1:27:11
those old reports and hopefully I didn't let something can
1:27:16
correct stay in there, but just because they might add some old
1:27:21
stake the old report and add to it.
1:27:23
Please make sure that everything in there is up to date, OK?
1:27:26
I don't like passing these things forward.
1:27:29
If they're not correct, they're supposed to be correct.
1:27:33
Any objection to the continuation of Bond, Mr. Mr.
1:27:36
Dena, Mr. Hartel? Anything further?
1:27:39
No, and I definitely. Don't object to the.
1:27:41
Continuation of Bond. Drive.
1:27:42
Look. Right.
1:27:43
Thank you. Mr. Alders.
1:27:44
I don't think I've seen you in a while.
1:27:46
So it must mean that bonds going by pretty well.
1:27:48
Very well. Good.
1:27:49
Please stay on on top of it. Do they have you doing any EOP
1:27:55
or? Yes.
1:27:56
Great. Yeah, no problem.
1:27:57
Great. If you need anything further,
1:28:00
go. And you must be going through
1:28:01
Catholic Human Services. Just say, hey, I'd like to do
1:28:05
some treatment. I'm not ordering you to do
1:28:07
anything else. But if you will have any other
1:28:09
questions, I know Mr. Harm tells.
1:28:10
I've reached out already to Great.
1:28:13
Any research I can? Create.
1:28:15
They'll go on monitor. They've.
1:28:17
Also got a program through addition treatment services up
1:28:21
in Traverse where they help people provide it rurally, you
1:28:25
know over the Internet, things like that through an iPhone
1:28:28
there are a lot of opportunities so.
1:28:31
I'm at home a lot. Right now our daughter, she's on
1:28:33
oxygen all the time, treatments every four hours.
1:28:37
Well, anyways, if you have any way and there are also lots of
1:28:41
programs online that you can do, whether they're apps that do
1:28:46
reminders, things like that. So I encourage you to make some
1:28:50
good choices there. All right, thank you very much.
1:28:52
We are. Good morning once again,
1:28:56
everybody. TCF live, it's Monday, the
1:28:59
Monday after Easter. Good to have you all here.
1:29:01
Speaking of which, lots of new people I think are out there
1:29:04
given the stats I'm seeing right now.
1:29:05
So if you're new to the channel, please do say good morning in
1:29:08
the chat over on the YouTube side to have some have a
1:29:11
tremendous community there. Everybody's very friendly.
1:29:13
So announce yourself, say good morning, and welcome to those of
1:29:17
you watching us over on Substack.
1:29:20
This is our first day streaming on Substack.
1:29:23
Barbara dropped a link a little while back in the YouTube chat.
1:29:26
If you're not subbed to us over on Sub Stack, please do so
1:29:30
because we're going to be posting a lot of stuff over
1:29:32
there as time goes on. Okie, dokie, let's go, Let's go
1:29:37
to Texas. Judge Stevens.
1:29:44
Hey, this doesn't need to help. Do you want anything?
1:29:48
No. Did you need it?
1:29:54
Says defensive. E-mail to your.
1:29:57
And you get there where she says she.
1:29:58
Doesn't want to do probation this muster.
1:30:01
Found your open. When?
1:30:06
She's in. But she.
1:30:11
Yeah, yeah. 12 months while she all.
1:30:16
Right, we now follow 2 cases. Clause number is 21/3. 6529.
1:30:21
And 2136760. The state of Texas is it.
1:30:30
Ever, Rihanna, Beverly, a lot of syllables in that.
1:30:37
And you were charged with burglary of a building and theft
1:30:42
and much of these cases, well, you're on probation.
1:30:55
And so we have first amended motions to revoke probation that
1:31:01
had been filed in each of these cases.
1:31:04
The defendant pleaded true last month to Allegation 1 and
1:31:11
allegation of two in each case of the first amended motions to
1:31:15
revoke probation, that is committing the offense of
1:31:18
unlawful carrying of the projection.
1:31:20
Carrying. A weapon.
1:31:22
Off. Carrying of a weapon on or about
1:31:25
August 5th of last year, and also on that day committing the
1:31:30
offense of illegal possession of a controlled substance on or
1:31:34
about August 5th, 2025. Each of those are violations of
1:31:40
probation. Actually the condition ones
1:31:47
don't commit a fine. While we're waiting on Judge
1:32:40
Barbara, thank you for the $10. Happy Monday to you as well.
1:32:44
I appreciate you. Which is unreasonable.
1:33:12
Unreadable. It's unreadable the one related
1:33:18
to this August 5th incident and the controlled substance.
1:33:23
I can't what is this is? That a better copy.
1:33:27
Are you the same guy? Yeah, mine's a little.
1:33:39
Bigger. What is the drug?
1:33:51
I can't there were there were 12345 drugs yes let's see
1:34:04
oxycodone in here marijuana at the same I think the one you
1:34:13
were looking at was the December 2025.
1:34:17
That's the one I no, I've got August 5th.
1:34:21
Well. That's the one I just gave.
1:34:23
Which is what we're talking about.
1:34:43
See. Come on.
1:34:51
OK, wasn't there, but drug was not present.
1:35:08
Earlier the defendant entered these approved two first amended
1:35:12
motions to revoke probation. The defendant was looking at a
1:35:16
state jail felony punished as though we're a third degree
1:35:21
felon, correct? No, no, it's just state jail.
1:35:26
Just state jail. We'll get a cap for one year.
1:35:28
OK and capital or 12 minutes, but I need to.
1:35:32
OK, go ahead. State first and last year, I
1:35:38
think I'll be looking at her history and looking at the
1:35:42
updated precincts report. We've done everything we can to
1:35:45
try to get. Her on the right.
1:35:46
Track and she just keeps committing crimes.
1:35:47
So we'd ask for the one year state jail static and defense.
1:35:55
Your Honor, as you look at Miss Beverly, she's a young lady,
1:36:01
probably has some growing up to do, especially from her response
1:36:05
to the probation department reference.
1:36:08
Not seeing the big picture on this.
1:36:11
And they only saved the grace on this judge is, is that if she
1:36:15
goes to the state jail, maybe she'll see the lot of day and be
1:36:20
able to get health in the state jail.
1:36:24
Safety would be an option for her.
1:36:26
Once she's incarcerated, once she gets there and then sees the
1:36:31
environment and people there, she may have a change of heart.
1:36:36
It's my understanding that probation has offered.
1:36:39
Everything that they. Can to her but she wants to but
1:36:44
doesn't want to take advantage of it.
1:36:47
Let me ask you, how much is still remaining unrested to us,
1:36:55
if any? It was $6000 revision actually
1:37:04
22 cases. I think it was 8500. 4 barrels.
1:37:13
Sir, it hasn't. None of it has been paid.
1:37:17
Yes. So you've got 6000 in one case
1:37:21
and then 2500 in the other. Yes.
1:37:29
What? What about that?
1:37:34
Did she keeps committing? Other crimes.
1:37:35
It's not like she's paying off her institution.
1:37:37
What am I supposed? To do I'm.
1:37:40
Asking, I understand that. Factor.
1:37:41
She's got 121. Today's correct.
1:37:44
Yes, Sir. What?
1:37:54
Do you have to say? If if any come nothing, nothing
1:37:59
would ask, I'm sorry. I can't I.
1:38:02
Do have something to say? I can't hear you, sweet I.
1:38:06
Have to hear my parents in my restitution.
1:38:09
That's not what we're showing, though.
1:38:10
What probation would know? I'm not seeing anybody.
1:38:17
Has he paid? She's not paid any on
1:38:19
restitution in these two cases. Looks like none of it has went
1:38:22
towards restitution. None of it.
1:38:24
You're, I guess you're paying fees or something.
1:38:26
It goes there, but it's not going to restitution.
1:38:29
What's doing the basic who the height of the?
1:38:32
Verification ma'am, I was doing the man I can give my notice to
1:38:41
Sarah from probation. Anything you want to add?
1:38:47
Or No, Sir, with the 13 new religion offenses, it's
1:38:51
cremication. It's the best thing I would say,
1:38:53
yeah. 13 new, it's tough. Well, that's what I'm saying.
1:39:01
But then Jim, maybe when she gets there, these programs that
1:39:07
are offered there, you can take advantage of it.
1:39:10
But we straighten out not suppose she gets out all these
1:39:20
cases coming down the Pike. I don't know.
1:39:25
Oh, Michigan. They're going to have a bunch
1:39:28
of. Them and she's going.
1:39:29
To have to pay for all those and do that and nothing further, I'm
1:39:37
going to find that there is sufficient evidence supporting
1:39:40
these first amended. Motions.
1:39:42
To revoke so that first of all the presenters reports are made
1:39:48
a part of the record in each of these two places without
1:39:51
objections and in each of his first amended motions to revoke
1:39:59
unadjudicated probation. The defendant has pleaded guilty
1:40:02
of allegations one and two voluntarily, knowing
1:40:06
intelligently and based upon discussions with her attorney,
1:40:13
and that is enough to grant these first amended motions to
1:40:15
revoke unadjudicated probation. By preponderance of the evidence
1:40:22
of greater as I find allegations one and two in each of these
1:40:25
cases could be true. Thus you're to further
1:40:27
unadjudicated probations in each of these cases are hereby
1:40:30
revoked. Earlier in these cases you
1:40:33
pleaded guilty to each of them state jail files voluntarily.
1:40:38
When I pledged you on probation, you were mentally confident to
1:40:41
do so. You understood and appreciated
1:40:42
the consequences of pleading guilty.
1:40:45
There was sufficient evidence supporting your guilty.
1:40:47
Please Stacy. Exhibit 1 admitted to find you
1:40:50
guilty beyond a reasonable doubt.
1:40:52
I now find you guilty beyond a reasonable doubt in each of
1:40:56
these two cases and you were hereby sentenced.
1:41:01
The cap was one year. I believe in the agreement.
1:41:03
You're hereby sentenced to a confinement in the state jail
1:41:07
for a term of 1A year. Will you will be given credit
1:41:11
for time you've served, which looks like it's about four
1:41:15
months. Also, the judgments in each of
1:41:20
these cases shall reflect that restitution in the amount of
1:41:23
$6000 is part of the judgment in 21-36529 and $2500.
1:41:34
Restitution will be part of the judgment then 21-36760 to be
1:41:40
paid to the complainants in each of those two places.
1:41:44
They are named in the. Indictment in each of these
1:41:56
cases. Anything else?
1:41:58
All. Right.
1:42:07
I'll keep an eye on Judge Stevens Court, but let's go to
1:42:10
Louisiana. They were off last week, so
1:42:12
let's see what's going on with the board can.
1:42:17
You hear us? All right.
1:42:21
Good morning. The Pardon Board is now at the
1:42:24
Louisiana Correctional Institute for Women on Monday, April 6th,
1:42:28
2020. Sixth.
1:42:30
Good morning, Warden. Would you and your staff
1:42:33
introduce yourselves, please? Morning, Kristen Thomas, Warden
1:42:38
Afton Gaddy, ARDC Supervisor. Camilla Hudson, ARDC Supervisor.
1:42:44
Avery Nolan, Student Attorney. Sonia Slav Moroz supervising.
1:42:49
Attorney, All right. Thank you.
1:42:53
And let me just go ahead and and introduce the other folks that
1:42:56
are there at LCIW, we have Brandon Matthews.
1:43:03
Brandon, where are you? Right here.
1:43:05
Sir OK And Doctor Brad McConville is on Zoom at LCIW.
1:43:15
Avron Nolan, who has introduced herself.
1:43:18
Mr. Blake is on Zoom with the Parole Project, also there at
1:43:23
LCIW. Candace Matthews.
1:43:26
Miss Cobbs, daughter, granddaughter.
1:43:31
I can't say Miss Lloyd's first name.
1:43:34
Miss Cobbs. Could you pronounce it for me,
1:43:36
please? Hi, Janine.
1:43:39
Hi, Janine. OK, thank you.
1:43:42
And then, I don't know, has has. Well, has Brad made it there
1:43:47
yet? I have another list here,
1:43:49
Student attorney up with the name Brad McConnell, but that's
1:43:53
the psychiatrist I believe. I'm sorry.
1:43:59
OK. And let's see.
1:44:01
Brandon Matthews, junior is here with us in Baton Rouge.
1:44:04
Farah Addison is also here with us in Baton Rouge.
1:44:08
Emily Baker and Carolyn Lucklich is also here.
1:44:14
All of those folks are here in support of Miss Cobb's
1:44:16
application here. Also, we do have opposition on
1:44:21
Zoom. We have Grant Hardy, Sterling
1:44:24
Core, Liz Core, Jason Core, who is victim's family but does
1:44:32
indicate support. Terry Cobbs here at
1:44:38
headquarters, Mr. John Singfield with the AGS office and on Zoom
1:44:43
we have from the DA's office in East Baton Rouge Parish, Miss
1:44:47
Tracy Barbera. So Miss Cobbs, before we get
1:44:50
started, would you introduce yourself to us?
1:44:53
Please tell us your name and DSC number.
1:44:56
My name is Carolyn Cobbs, number 100118.
1:45:01
And so your Council has introduced themselves, but I'd
1:45:05
like, for the record, for them to reintroduce themselves,
1:45:08
please. I apologize.
1:45:17
This is Avery. You want to abuse yourself?
1:45:19
I'm Avery Nolan, a student attorney with the Tulane Law
1:45:21
School Domestic Violence Clinic. And board chair, My name is
1:45:26
Danya Slav Maroz. I won't be speaking.
1:45:28
I'm just here to supervise Miss Nolan and I I just didn't want
1:45:31
to clarify. Did did you say that Mister
1:45:34
Jason Kor was present in Baton Rouge?
1:45:37
Is that correct? He's on Zoom.
1:45:43
He's on Zoom OK. I just, I didn't see his screen
1:45:45
pop up yet so I just wanted to make sure the board had that
1:45:49
because he will be one of the speakers in support.
1:45:52
Do you have him on zoom? He's at the bottom.
1:46:10
Stand by, we're checking. Thank you so much.
1:46:18
He's trying to call, so while we're trying to get in touch
1:46:22
with him, we'd, I would just read some identifiers into the
1:46:26
record and explain why we're here again today.
1:46:30
So Miss Cobbs, you're here because you've submitted an
1:46:35
application for commutation of your sentence.
1:46:37
You were sent to Baton Rouge Parish October 1982.
1:46:43
You're serving a. Lot of sterlings.
1:46:45
Second green. Is that correct?
1:46:48
Who? Yes, ma'am.
1:46:53
So we are here. You had approved a hearing in
1:46:57
August of last year, August 2025.
1:47:01
And at that time, since that hearing, we've rescheduled
1:47:09
another hearing for you because there was an error that was made
1:47:15
all of your speakers who had signed up to speak in support,
1:47:18
we're not allowed to speak that we it was brought to our
1:47:21
attention that could have been a violation of the public needs
1:47:24
law based on our own rules. So we've scheduled you for a new
1:47:29
hearing today, and that's why we're here.
1:47:32
Your case has been assigned to Mr. Prater.
1:47:35
He's going to have some questions for you.
1:47:37
And then we'll hear from the folks that want to speak in
1:47:39
support and those who want to speak in opposition.
1:47:42
And then we'll have a an interview of sorts after your
1:47:46
attorney gives us their presentation.
1:47:48
So you ready? Yes, ma'am.
1:47:53
OK. Thank you, Miss Scott.
1:47:54
Good morning. Good morning.
1:47:59
Seem like I. Just talked to you.
1:48:02
Yes, Sir, it's been a couple of months.
1:48:04
But I've read read the case once again and I've listened to your
1:48:09
video once again and or for this time and and I'm really, I want
1:48:19
you to. I don't really think we need to
1:48:22
go over the the entire case. Again.
1:48:25
But I want you. I want to give it.
1:48:28
I want to turn it. Over to you.
1:48:30
As quickly as I can for you to, to try to convince us, all four
1:48:37
of us. Why do you think that you're
1:48:40
deserving of this, this commutation of your sentence and
1:48:43
eligibility for parole? You know, I want to give you
1:48:48
another chance. And I promise you I voted
1:48:51
against you last time. And, and I, I want to assure you
1:48:56
I have a completely open mind. And so I want you to try to try
1:49:03
to convince the board that you, that you've done everything
1:49:08
necessary to earn this, this, this, this other, this second
1:49:15
chance and don't want to turn up to you.
1:49:17
And I don't want to hear from the warden, see if there's been
1:49:20
any changes. And I don't want to hear her
1:49:22
present her case again about the kind of person that you've been
1:49:27
since you've been incarcerated under her tutelage.
1:49:30
OK, Go ahead. I'm ready.
1:49:32
I'm ready. I'm trying to get you to not be
1:49:36
nervous. OK.
1:49:39
Well Sir, after spending seven years in abusive marriage, I
1:49:44
decided to get a divorce and I decided to hire Mr. George M in
1:49:55
court to get that divorce. And when time came for for us to
1:50:04
go to court to settle the divorce, the judge said that
1:50:11
permanent custody and control of my children had been given to my
1:50:18
ex-husband. Sir, I was shocked at this turn
1:50:23
of events and so I was shocked and confused that my husband
1:50:32
could be given and ended up with protection and custody and
1:50:38
control of our children and he did not even attend a hearing.
1:50:45
Neither did he. Have representation from an
1:50:50
attorney. So I went to get my divorce.
1:50:58
I got my divorce and I also went about trying to get someone to
1:51:09
help me to get my children back. I went from law office to law
1:51:15
office trying to get help to get my children back.
1:51:20
And so I ran across this this attorney who told me that for
1:51:27
$500 that he would be able to help me get my children back.
1:51:33
And so I paid him $500.00. But he did no work.
1:51:39
He did nothing. And so I got my money back.
1:51:43
Finally I went and I ran across this one attorney who told me
1:51:49
that once a decision has been made concerning custody of
1:51:57
children, that it is almost never reversed.
1:52:05
And so upon hearing this, Sir, I was discouraged and I became
1:52:14
very disturbed. My world had come to an end.
1:52:22
All hope was gone. I was confused and in torment,
1:52:33
tormented by the things that took place.
1:52:38
I went to confront Mr. Core to ask some questions.
1:52:48
I shot Mr. Core, I panicked and I I ran from the office and I am
1:53:02
sorry for shooting Mr. Core. I'm sorry that I let my emotions
1:53:11
get the better of me. Mr. Mr. Coors and Miss Carter.
1:53:23
I cannot imagine how you must have felt upon hearing of the
1:53:29
death of your your father and your brother.
1:53:36
Speak to the board, OK? Your world just.
1:53:42
Say they don't want you to address them directly, so just
1:53:46
say I'm I'm so sorry for their loss as opposed to you.
1:53:53
Sorry I I'm sorry that I took Mr. Kors life.
1:54:09
I'm sorry that I just let my emotions get the better of me.
1:54:15
I was not myself. All right.
1:54:22
Thank you, ma'am. That coupled with what you said
1:54:26
in the video and with what you said at the first hearing that I
1:54:31
think that's that's what I wanted to hear, Warden.
1:54:37
So let's see Miss Scott before I finish.
1:54:39
Miss Scott, is that all? Did I?
1:54:41
I didn't interrupt you in your statement.
1:54:45
No, Sir. OK, All right.
1:54:48
Well, we'll, we'll get into a little bit more with you in a
1:54:51
little bit when the board has a chance to ask a question.
1:54:54
Warden, would you tell us about Miss Cobb and her her behavior
1:54:58
since you've seen her, since you've been?
1:55:00
With her, Miss Cobb lives in our assisted living dormitory, so
1:55:09
she's not, you know, out there working every day, but she does
1:55:12
do housekeeping and whatnot in the housing unit.
1:55:16
She has not had a write up since 2020.
1:55:19
So the entire time I've been at LCIW, you know, I've not had any
1:55:23
issues with her seeing any issues with her.
1:55:26
She is low risk and low needs. I know that Mister Blake is on,
1:55:33
so he'll probably speak to Parole Project and any
1:55:37
transition plan issues, but she is a minimum custody inmate and
1:55:41
like I said, she had, you know, in the past completed various
1:55:46
CTE classes and things of that nature, but she is in our
1:55:49
assisted living housing unit now.
1:55:52
OK. Thank you, Warden.
1:55:53
We appreciate that very much. And now we'll move on to those
1:55:59
that will be speaking in support and then we will speak to those
1:56:03
that are in opposition to this request.
1:56:06
And so we'll begin. Let's see.
1:56:13
OK, gotcha. OK.
1:56:15
The let me look at my notes here to make sure we don't miss
1:56:21
anything. Mr. Mr. Brandon Matthews who is
1:56:26
at LCIW. And then I believe that is your
1:56:30
son. And so we'd like to hear from
1:56:33
him. Miss Matthews.
1:56:36
Good morning, Good morning to the honourable members of the
1:56:39
board and the family and friends of Mr. Immacore.
1:56:42
My name is Brandon Matthews. I am Carolyn Cobb's son.
1:56:46
I'm here today to respectfully ask for mercy.
1:56:49
My mother is 71 years old and she has gone grown older and has
1:56:54
health issues and they have grown too and she has begun to
1:56:58
struggle with comprehension in in memory.
1:57:01
My greatest wish in life is to spend a little time with her
1:57:05
before loan, something that I've not done since I was a little
1:57:08
boy. At the time of the tragedy, I
1:57:11
was seven years old before my parents got divorced.
1:57:13
My mom did her best for us. She was living, she was loving
1:57:17
and caring. But I also witnessed different
1:57:21
difficult relationship with my mother and my father.
1:57:26
My father was very bothered to my mother.
1:57:29
I remember him smacking her around a little bit, hitting her
1:57:32
in the face and screaming at her at various times.
1:57:35
I remember being very scared and confused.
1:57:39
When I got a divorce, my father would let my mom see us,
1:57:43
wouldn't let us let her see us for months.
1:57:46
This was deeply painful for me and my sister and I never
1:57:50
imagined my mom would end up committing such a horrible
1:57:53
crime. But she did and over the years
1:57:58
we talked about this and the turmoil she was experiencing.
1:58:04
In no way this excuses what she did.
1:58:07
Even while in prison. My mom has very influential, has
1:58:11
been very influential in our lives, teaching us the
1:58:13
importance of serving our country and gaining an
1:58:16
education. She has the key reason why I'm a
1:58:19
Army veteran today. My daughter is an Army veteran
1:58:23
and my son is currently serving United States active duty Army
1:58:27
right now and my sister also works for the fire department.
1:58:32
When my sister was diagnosed with a rare form of blood
1:58:35
cancer, my mom researched some foods my sister could eat during
1:58:39
her treatment and called her every day before her chemo
1:58:42
session. Over the years we have had many
1:58:45
long talks what my mom had done to a family that she didn't know
1:58:50
and she haven't, she has instead.
1:58:54
Instead she should have gotten some type of mental, mental and
1:58:57
mental counseling. We would often talk about Mr.
1:59:00
Core's family and a much what he must have gone, they must have
1:59:04
gone through and how much she wished she could express her
1:59:08
remorse to them. I had the opportunity to meet
1:59:11
Mr. Core's son who I truly believe is a very wonderful and
1:59:15
beautiful human being. I had the chance to hug him and
1:59:18
ask him for to to forgive my mom and our family for the tragic
1:59:24
harm that my mom caused in in his life.
1:59:27
I've also heard Mr. Kors brother express the pain that he went
1:59:31
through because of my mom and how he thinks about his brother
1:59:34
every day and I also think about him every day.
1:59:38
I took those words to heart. Regardless of how any member of
1:59:43
the Kors family feel about the most release, I'm very sorry for
1:59:46
the pain and will always hold them in my heart.
1:59:50
In closing, my mom means the world to me.
1:59:53
I know she's not entitled for to forgiveness or to clemency, but
1:59:57
I humbly ask divorce consider letting me and my family take
2:00:00
care of. Her for the remaining.
2:00:01
Years outside prison walks. Thank you for your time and
2:00:05
consideration. Thank you, Miss Matthews.
2:00:07
We'll take those words under consideration and appreciate
2:00:10
that the next step is Doctor McConville.
2:00:14
Doctor Brad McConville will be speaking from Zoom with Zoom for
2:00:18
all Zoom. Doctor, would you tell us what
2:00:21
you have to say? Pleasure.
2:00:23
Sure. Thank you for giving me the
2:00:24
opportunity to speak today. My name is Brad McConville.
2:00:26
I'm in board certified internal medicine, psychiatry and
2:00:29
forensic psychiatry. I work for Tulane School of
2:00:31
Medicine, but I also work for the state forensic hospital in
2:00:34
Jackson and and I do risk assessments for for patients.
2:00:38
So I think a lot about about the relationship between mental
2:00:42
illness and violence and recidivism as I have to advise
2:00:46
courts frequently on those issues.
2:00:48
So I had the opportunity to evaluate Miss Cobbs last summer
2:00:51
for the first time and then re evaluated her last week.
2:00:54
And from a psychiatric perspective, she suffers from
2:00:58
major depressive disorder and chronic anxiety.
2:01:01
These are conditions that have been seemingly well treated for
2:01:04
a number of years now. She does have a mild memory
2:01:09
impairment that I was able to determine, but she has responded
2:01:13
to treatment. I think that she was in my
2:01:15
evaluations of her cooperative thoughtful, she has good
2:01:18
insight. She told me about the
2:01:21
circumstances around in the offense and she did express, I
2:01:24
thought some sincere remorse. It was evident based on, you
2:01:29
know, her history and my experience talking about trauma
2:01:34
and stressors that lead to behavior that she was
2:01:38
experiencing really severe psychological distress at the
2:01:40
time of the offense in question. But then looking at her actual
2:01:44
risk factors for future violence, I think that she is an
2:01:47
exceptionally low risk category and I'll explain why.
2:01:51
So she is, you know, female, lower risk.
2:01:53
She's elderly. She doesn't have a significant
2:01:56
substance issue. She doesn't have a significant
2:01:58
personality disorders. She had no criminal history
2:02:01
prior to this offense. And then not only does she have
2:02:04
sort of an absence of those really significant clinical risk
2:02:07
factors, but she also has a number of protective factors.
2:02:09
Surprisingly, she's remained in very strong and sustained
2:02:13
support from her family, her children and grandchildren.
2:02:16
She's been engaged in work and I believe that she has gone
2:02:19
through rehabilitation and developed a lot of effective
2:02:22
coping skills, skills that she didn't have prior to this long
2:02:25
period of incarceration. And I think importantly, she has
2:02:28
a clear and structured recovery and re entry plan to work with
2:02:33
the parole project. So from forensic psychiatric
2:02:36
perspective, I think that there's evidence, no evidence
2:02:39
that suggests that Miss Cobbs poses A meaningful risk to
2:02:42
public safety if released under these structured parole
2:02:45
conditions. I've looked at some research
2:02:48
indicating that she's in a very low risk category.
2:02:51
So in closing, I would like to respectfully submit that Miss
2:02:54
Cobbs meets the criteria for clemency consideration based on
2:02:56
her low risk of recidivism, strong protective factors,
2:03:00
documented rehabilitation, and a structured supportive release
2:03:03
plan. Thank you very much for your
2:03:05
time and consideration all. Right.
2:03:10
Thank you, Doctor McConville. It's very concise and we
2:03:14
appreciate appreciate you being on Zoom with us.
2:03:17
OK, let's see. I think the next one to speak is
2:03:22
going in support is going to be Jason.
2:03:26
Well, let's see, Sterling Core. Jason Courtney, please go.
2:03:32
Jason, Jason. OK, Jason.
2:03:33
Core in green. Hey, Jason Kor.
2:03:42
Chris Kor is on mute. Thank you.
2:03:46
OK, there you go. I'm Jason Kor.
2:03:48
I'm here today to humbly and earnestly request clemency for
2:03:52
Carolyn Cobbs. This is not a request made
2:03:55
lightly, nor it is one to meet. Meant to overlook the gravity of
2:03:59
her past actions, instead, it is an appeal to recognize the
2:04:03
extraordinary growth, transformation, and humanity
2:04:07
that she has demonstrated during her years of incarceration and
2:04:11
the healing and closure her clemency means to me, the son of
2:04:14
the victim, Georgia Mccore. In this case, since Miss Cobb's
2:04:18
last hearing, my aunt and father's sister, Diane Carter
2:04:22
wrote a letter in supportive Miss Cobb's clemency and that
2:04:25
letter she wrote, I believe that Miss Cobbs is remorseful for
2:04:29
what she did. It is time for healing and
2:04:31
forgiveness. And I share my aunt's sentiments
2:04:34
completely. In my view of justice, I need to
2:04:37
believe in the concept of paying one's debt to society, and I
2:04:41
feel she has paid her debt. And Miss Cobbs now longs for the
2:04:45
chance to reunite with her beautiful family and give back
2:04:48
to her community in meaningful ways.
2:04:51
I want to help facilitate that. I met with Brandon and Candace,
2:04:55
her lovely son and daughter, and I saw so much of myself in them
2:05:00
and we had quite a lot in common.
2:05:02
They see in her not only a mother, but a source of
2:05:05
guidance, love and stability that their lives have been
2:05:08
missing. Granting Miss Cobb's clemency
2:05:11
would not only restore her freedom, but it would also
2:05:13
strengthen a family that has long-awaited her return.
2:05:17
This is a gift I would be proud to help provide.
2:05:20
I ask you to consider the full measure of Miss Cobbs humanity,
2:05:23
the struggle she has overcome, the positive changes she has
2:05:26
made, and the hope she now carries for the future.
2:05:29
Clemency is an act of justice tempered with compassion, and
2:05:33
Miss Cobbs has shown through her actions, her words, and her
2:05:36
unwavering commitment to growth that she is worthy of this
2:05:38
mercy. I believe the continuing to keep
2:05:41
her in prison does not serve justice any further.
2:05:44
She has been punished, she has paid her debt, and she's used
2:05:47
her time to truly transform. I don't feel she would pose any
2:05:51
threat to anyone if released. Granting her clemency would not
2:05:54
erase what happened, but it would recognize the humanity in
2:05:57
her and the possibility of redemption.
2:06:00
It would also allow me, as the son of the man she harmed, to
2:06:03
show that forgiveness is healing.
2:06:05
Holding on to anger alone does not heal.
2:06:08
Forgiving Miss Cobb as a mean of means of closure to me and will
2:06:11
allow me to bring a measure of positivity back into the world.
2:06:15
My mother, Carolyn Leftwich, is also in person at this hearing
2:06:18
and staunchly advocates from this Cobbs release, having also
2:06:21
written a letter to this effect on her behalf.
2:06:24
And so For these reasons, I respect, respectfully ask you to
2:06:28
grant clemency to Carolyn Cobbs so that she may step forward
2:06:32
into the next chapter of her life, not as a prisoner defined
2:06:34
by her past, but as a woman who has paid her debt, ready to
2:06:38
contribute and eager to live out her remaining years in service
2:06:41
to her family and her community. I appreciate your time and your
2:06:45
consideration and your commitment to justice.
2:06:47
Thank you, Mr. Core, Thank you very much for those words.
2:06:52
And we appreciate you being on Zoom with us today.
2:06:56
OK. I think that if I'm not mistaken
2:07:00
and I'll have somebody bring my attention, we'll turn it over to
2:07:05
Avery Nolan. Is that correct, Mr. Moroz?
2:07:10
Yes, Sir. Thank you.
2:07:12
OK, All right. Just want to make sure we're all
2:07:15
in one accord here. Avery Nolan, would you, would
2:07:19
you speak to us, please? Yes, Sir.
2:07:23
Good morning. My name is Avery Nolan and I'm a
2:07:25
student attorney with the Tulane Law School Domestic Violence
2:07:27
Clinic. Thank you for.
2:07:28
Your time and consideration today and for hearing Miss Cops
2:07:31
case. We understand the Board heard
2:07:33
Miss Cops case last year, so we would like to 1st focus on what
2:07:36
is different today, including additional support from the
2:07:39
victim's family and critical information the Board learned
2:07:42
from Miss Cobb's son Brandon about his parents relationship.
2:07:46
At age 10, Jason Gore lost his father when Miss Cobbs committed
2:07:49
a horrible crime. At ages 7 and 5, Brandon and
2:07:53
Candace Matthews lost their mother's fiscal presence and
2:07:56
their lives when she was arrested and incarcerated for
2:07:59
this crime. It is now been over 43 years
2:08:03
since the tragedy that transformed the lives of these
2:08:05
children. Jason Core already spoke in
2:08:08
favor of Miss Cobbs at her last hearing, but since then he,
2:08:11
Brandon and Candace met for the first time.
2:08:14
They bonded over their shared love of music, the pain they
2:08:17
suffered growing up without one of their parents, and their
2:08:19
journeys for healing and forgiveness.
2:08:22
Today they are united and asking this board to recommend Miss
2:08:25
Cobbs release. Also, since the last hearing,
2:08:28
the victim's sister was so moved by her nephew's ability to find
2:08:31
forgiveness that she too has decided to support Miss Cobbs
2:08:34
release. We recognize there is no one way
2:08:38
to respond to or heal from a horrible crime, but we believe
2:08:41
that is a testament to forgiveness and mercy, and a
2:08:44
testament to Miss Cobb's growth in prison.
2:08:46
That the victim's son and sister are not just expressing a lack
2:08:50
of opposition to Miss Cobb's release, but that for them it's
2:08:53
an essential part of their healing.
2:08:56
In addition to the strength and support for Miss Cobb's release,
2:08:58
we would like to address the circumstances of Miss Cobb's
2:09:01
life leading up to the crime, some of which the board heard
2:09:03
for the first time from her son today.
2:09:06
Miss Cobbs married an older boyfriend right after high
2:09:08
school and later became the mother of two children she
2:09:10
absolutely adored. She hoped for a loving and
2:09:13
respectful marriage, but that was not her reality.
2:09:16
Her reality was that her husband would beat her when she did not
2:09:19
live up to his expectations, like when dinner wasn't ready
2:09:22
when he would get home from work.
2:09:24
Miss Cobbs son, Brandon has vivid memories of this abuse.
2:09:27
Miss Cobbs eventually sought a divorce, but her husband, who
2:09:30
had abused her for years, ended up being awarded custody of her
2:09:33
children, despite the fact that he'd never shown up to court to
2:09:36
contest the divorce. Miss Cobbs was confused and
2:09:39
distraught after the divorce. Even though she had visitation
2:09:43
rights, her ex-husband would not allow her to see her children.
2:09:46
One time when she tried to see them, he struck her in the face,
2:09:49
just like he did when they were married.
2:09:52
The Christmas after the divorce, Miss Cobbs bought presents for
2:09:55
her children, but he prevented the kids from seeing her.
2:09:58
He tried to erase Miss Cobbs from her children's lives and
2:10:01
soon married another woman, Patricia Matthews, who he abused
2:10:04
as well. Miss Matthews explains all this
2:10:06
in her letter of support for Miss Cobbs.
2:10:09
Miss Cobbs missed her children dearly and was desperate to get
2:10:11
them back. She went to lawyer after lawyer
2:10:14
after lawyer. One lawyer took what little
2:10:17
money she had and did no work in her case, while another told her
2:10:20
that she had no chance of getting her kids back.
2:10:23
All of this, the abuse from her ex-husband, the confusing loss
2:10:26
of her children, and the frustrating experiences of
2:10:28
trying to get her children back caused Miss Cobbs to feel like
2:10:31
her world was falling apart and LED her to a mental breakdown.
2:10:36
Miss Cobbs went to Mr. Core's office to try to understand how
2:10:38
this happened and in the several minutes she was in his office
2:10:42
she completely lost it and committed a horrible,
2:10:44
inexcusable crime shooting him, and for that she is deeply
2:10:48
remorseful. Of course, none of this excuses
2:10:52
Miss Cobb's actions, but it does provide context about how a hard
2:10:55
working mother of two who had never been arrested before ended
2:10:58
up committing this crime. In the 43 plus years since Smith
2:11:02
Cobbs has been in prison, she has done everything in her power
2:11:05
to atone for her crime. I won't repeat all of her
2:11:07
accomplishments in prison since the board already has her
2:11:10
information, but she did engage in mental health counseling,
2:11:13
completed critical programming such as Thinking for a Change
2:11:16
and Victim Impact, deepened her faith, and was on the Dean's
2:11:19
list for a prison college program.
2:11:21
Despite decades of incarceration, Miss Cobbs has
2:11:24
always stayed committed to her family.
2:11:26
When her children were younger, she played dominoes with them to
2:11:28
help improve their math skills and help them through telephone
2:11:31
homework sessions. She encouraged her son to join
2:11:34
the military so he could serve something greater than himself.
2:11:37
And when her daughter was diagnosed with a rare type of
2:11:39
blood cancer, she researched treatment options and healthy
2:11:42
foods for her to eat. Miss Cobbs dedication to
2:11:45
motherhood and the success of her children, even from behind
2:11:48
bars, touch the victim's sister's heart is one of the
2:11:50
reasons she supports her clemency today.
2:11:53
It is also worth mentioning Miss Cobbs was convicted by a non
2:11:56
unanimous jury and the Louisiana Supreme Court has stated that
2:11:59
clemency is an appropriate remedy for non unanimous jury
2:12:02
convictions. If released, Miss Cobbs would
2:12:04
have the guidance and support of the Parole Project, her loving
2:12:08
family and the Beacon Light Church in Baton Rouge.
2:12:11
She hopes to volunteer at a food bank and to bring all the garden
2:12:13
magazine clippings that she sent her son over the years in her
2:12:16
letters to life by helping him tend to his garden as one of her
2:12:27
grandsons stated in his letter of support.
2:12:30
My grandmother is elderly and she has seen more days than she
2:12:32
has ahead of her. After spending 43 years
2:12:35
incarcerated, Miss Cobbs is now 71 years old.
2:12:39
She's one of the longest serving women in Louisiana prisons and
2:12:41
lives in the assisted living area.
2:12:43
She is also a trustee in the prison.
2:12:46
This is the only crime she has committed and as Doctor
2:12:48
McConville stated, she is not a risk to society.
2:12:51
We recognize that not every member of the core family
2:12:54
supports Miss Cobb's release, but we believe the connection
2:12:57
made between the children of this tragedy and the victim's
2:12:59
sister support are a testament to Miss Cobb's remorse and
2:13:02
accountability for her actions and deserves this Board's
2:13:05
consideration. We humbly ask the Board
2:13:07
recommend a commutation to a term of years.
2:13:09
Thank you again for your time and consideration today.
2:13:13
Thank you, ma'am. I appreciate those words.
2:13:14
Well spoken. And if I'm not, I believe that
2:13:18
is all that will be speaking in favour of Miss Cobb's request.
2:13:25
Now we'll move on to those in opposition and we will start
2:13:29
with Sterling Core, who is in opposition.
2:13:34
Mr. Core, are you with us, Sterling?
2:13:36
I am, I am. And can you hear me?
2:13:39
Yes, Sir. I, I believe I'd like to have a
2:13:42
different order. I want to, I would like to go
2:13:45
last because Terry Hessek is there.
2:13:47
He's law partner. I believe he signed in.
2:13:50
We're going. To we're going to allow Mr.
2:13:52
Hessek and then the Attorney General in the DA's office to,
2:13:55
to close out. So if you can, go ahead and make
2:13:58
your comments now. OK, fine, that that means Brant
2:14:02
Hardy, who is on Zoom will not be speaking on my behalf.
2:14:07
He's a a counselor must much like McConnell Bob and was
2:14:13
having he was going to actually make a case for the opposite of
2:14:17
what their analyst said. OK, I'll let let me go ahead and
2:14:24
say first of all, I hope everybody had a happy Easter.
2:14:28
I am blown away by the the the pretty picture you all you all
2:14:35
paint for Missus Cobbs. There's only three people or
2:14:40
four people in that room right now that has as much history as
2:14:43
I and Missus Cobbs have, and that is Mr. Hessek and Mr.
2:14:47
Sinkfield. I have been the face of
2:14:50
opposition on this for 40 something years.
2:14:53
But before I get into that, let me just read and I apologize.
2:14:56
I'm extremely emotional and stressed out over this.
2:15:01
Again, my name is Sterling Core. I'm the younger brother of the
2:15:05
murder victim, Emmitt Court Junior.
2:15:07
He was a prominent local attorney and also ran for
2:15:12
sheriff. Our faces are covered because
2:15:14
we're sincerely afraid for our safety.
2:15:17
I don't care what any analyst has to say, you can't guarantee
2:15:20
that this person is not going to hurt again.
2:15:24
Just like they heard a 40 something years ago.
2:15:27
I like to remind the board that Hiller Moore was a detective on
2:15:30
this case and John Sinkfield was the prosecutor.
2:15:34
Both are in strong no commutation opinion and Mr.
2:15:39
Sinkfield wrote a very heartfelt letter to the board.
2:15:42
Brandon, I do thank you for your kind words.
2:15:44
We've met before and you definitely said 20 years ago
2:15:49
that you wouldn't be the man you are today if you if we hadn't
2:15:52
been keeping your mother in prison.
2:15:54
You have a change of heart and that's your opinion.
2:15:57
My nephew Jason, who I have a good relationship with as I have
2:16:02
a good relationship with my sister, has less to gain from
2:16:06
this decision than I have to lose, for I have a larger
2:16:10
footprint of responsibility. He is speaking for one family
2:16:14
member, for he has never married nor has children.
2:16:18
I, on the other hand, have been married for 35 years with
2:16:21
multiple children to protect excuse me and the legacy of my
2:16:26
brother and my parents to honor like my nephew.
2:16:30
My sister has never been involved, does not reside in
2:16:34
Baton Rouge. She moved several years after
2:16:37
the murder to a a Midwestern state.
2:16:39
I won't name the state because I don't want to reveal too much
2:16:43
and she has been there for over 40 years and she is doesn't
2:16:47
frequently Louisiana very much. I reside in this parish.
2:16:51
I have no plans on leaving. So basically they have less skin
2:16:56
in the game than I do and that's their opinion.
2:16:59
If they want to, they want to push this agenda.
2:17:02
But let's anyway. So.
2:17:07
So from a family perspective, my wife and my deceased mother and
2:17:11
myself are the faces of the local opposition.
2:17:15
So please take that into consideration.
2:17:17
Let me also say before I get into the heart of my letter that
2:17:20
I am heartbroken and feel the tremendous grief not only for my
2:17:25
family but just as sincere for hers.
2:17:29
We are all victims here and I mean that.
2:17:31
Let me catch my releasing her into the general public will not
2:17:37
end our grief. This this forum is not about
2:17:41
opinion as as much as is about. Facts.
2:17:44
And feel in a certain way. And having her stay in prison or
2:17:50
get out of prison is not going to make your grief go away.
2:17:54
This is about facts, not feelings.
2:17:57
So with that said, and on behalf of my family, we beg this board
2:18:01
to that. I miss this kind of commutation
2:18:03
for the following reasons. And the reasons I'm getting
2:18:06
ready to read are enough is the truth.
2:18:08
And it has nothing to do with the pretty painted picture that
2:18:12
their side presented #1 and the main one, not what my family was
2:18:18
promised. We took the death penalty off
2:18:21
the table to have life imprisonment without parole.
2:18:24
She needs her pay her debt to society #2 Crime is out of
2:18:29
control and releasing inmates early is not a deterrent.
2:18:33
The rule of law is maybe man's modern man's greatest
2:18:38
achievement. The law is too important to be
2:18:41
toyed with. Her actions must have
2:18:44
consequences #3 the level of premeditations was extremely
2:18:49
calculated. She was obviously banned from
2:18:52
seeing my brother after the custody case, so she planned the
2:18:56
murder carefully by making an appointment while the temporary
2:19:00
secretary was on duty. She used an assumed name.
2:19:03
She was disguised. She filled out paperwork.
2:19:08
Old clients don't feel like paperwork, you know?
2:19:11
She again was there when a temporary secretary was there.
2:19:16
She entered my brother's office and shot him in the chest.
2:19:21
She then fled to an awaiting car.
2:19:23
Like she said, she had plenty time to change her mind.
2:19:26
The time span from when she lost custody to the murder was, I
2:19:31
believe, many months. It could have been six months,
2:19:33
but it wasn't hours. It was she had plenty time to
2:19:37
reconsider and to calm down and take a different direction #4.
2:19:42
She had a hit list of other attorneys to harm.
2:19:45
That should say it all right there.
2:19:47
What I mean, what does that say about her plans?
2:19:51
And #5 Missus Cobbs never gave up the third gate caliber
2:19:57
handgun. This should be a big red flag
2:20:00
too #6. She has been untruthful,
2:20:03
misleading and dishonest and describe the details on the day
2:20:08
of the murder. She has always painted a picture
2:20:11
of a woman that needed a shoulder to cry on and soldered
2:20:15
into my brother's office for help.
2:20:18
This cannot be further from the truth.
2:20:19
She didn't saunder, she was not allowed she's she's painting a
2:20:23
picture that just doesn't represent reality.
2:20:26
One thing I've learned from watching past pardon board
2:20:29
youtubes is if you want leniency you must speak the truth.
2:20:34
This to me tells so much of her mental state by being unwilling
2:20:38
to own up to her crimes. It is a false reality complex #7
2:20:44
Let's not make time an issue. We we are only a few years
2:20:49
apart. We both have plenty time left to
2:20:51
live. Murder seems like yesterday to
2:20:53
me and, and Brandon thinks about it all the time and I think
2:20:56
about it every single day #8 the number and type of write ups are
2:21:00
staggering. 121 Don't tell me she's been a models inmate.
2:21:06
OK? And I which I just heard a
2:21:08
moment ago #9 no remorse today. You can tell she was a little
2:21:13
better coached. Didn't you notice her attorney
2:21:16
lean over and say something? So she said she was sorry today.
2:21:20
Twice in the past she has shown no remorse and at times acted
2:21:25
maniacal. The biggest reveal at the last
2:21:28
hearing was a question the pardon board asked her.
2:21:30
Are you remorseful? Remorseful for your actions?
2:21:34
She replied in a very strong, clear voice.
2:21:36
No, I would do it all over again.
2:21:38
He had it coming, he had it coming.
2:21:41
That statement alone says it all #10 this hearing is a result of
2:21:46
a loophole of sort from Act 122. I know you people know about
2:21:50
this. This hearing is not in the
2:21:52
spirit of that law. It is for juveniles that have
2:21:55
committed crimes with very long sentences.
2:21:57
She is not at. She was not a six year old
2:21:59
teenager hopped up on hormones, but a 28 year old grown woman
2:22:03
woman with A5 and A7 year old commuting.
2:22:06
This case is just a hop, skip and the jump to a parole.
2:22:10
And I know y'all know. This so please use your, your
2:22:13
wisdom here and don't go that direction #11 And this is where
2:22:18
I want some more, more dialogue. I'm almost done.
2:22:22
Come out, come out. How many numbers do you have on
2:22:25
your list? 121, One more.
2:22:31
I'll be brief OK #11 from the evidence shared at the last
2:22:36
hearing, more needs to be revealed about her schizophrenia
2:22:40
that was brought up at the last hearing, her depression
2:22:43
diagnosis and anxiety. So in closing, her sentence was
2:22:47
determined by a grand jury and a jury of her peers.
2:22:50
She is by no means rehabilitated.
2:22:53
No matter what y'all are saying over there, you will not
2:22:56
convince me she is ready for the outside.
2:22:58
She never will be. Is it wise?
2:23:01
Is it wise to unleash someone on to our committee that has lied
2:23:05
and misled the board, who has a confused perception of reality,
2:23:10
who has a pathetic inmate behavioral record, who has
2:23:13
committed a very heinous cold blooded, premeditated murder?
2:23:16
And most importantly, this is the critical one, the repeat
2:23:20
potential to harm yourself and others by way of maybe some
2:23:24
mental shortcomings. I say it's not worth the risk
2:23:27
and I hope you agree. Would it be more beneficial and
2:23:30
compassionate to her to let her remain in prison to get the care
2:23:34
she needs and the Peace of Mind we deserve?
2:23:36
Thank you. OK.
2:23:38
Thank you, Mr. Core. We appreciate those words.
2:23:40
We'll take those into serious consideration.
2:23:44
I believe the next is Terry Hessek.
2:23:48
Is that correct? Mr. Terry Hessek, Victim's
2:23:56
friend in opposition. Mr. Howe, there you are.
2:24:00
We're going to be able to thank you.
2:24:02
Mr. Hesse. I'm Terry Hesse.
2:24:06
Emmett for the victim was my law partner and my very good friend.
2:24:11
Emmett was 39 when he was murdered by the Swan.
2:24:16
I managed to reach a rifle of age, 80 years old, and it never
2:24:20
got that chance. He did represent Carolyn Cobs in
2:24:28
the Divorce City. She lost custody of her minor
2:24:34
children at the proceeding. But I have some unfortunate
2:24:38
truths to give you which do not comport with what Missus Cobbs
2:24:44
has told. She lost custody of her children
2:24:49
and essentially agreed transfer of custody because she knew she
2:24:54
had no chance of keeping custody during that proceeding main for
2:25:01
the main reason if she had been working as a prostitute.
2:25:09
That's the kind of poem, if you want to call it, that she would
2:25:15
present to those children. Some other facts that Sterling
2:25:20
was gone over briefly that I want to call to your attention
2:25:24
again. Miss Cobb said she went to
2:25:28
several attorneys to get no relief as far as there has to be
2:25:33
a reason for that. Also, she's claiming that she
2:25:38
went to Mr. Ford to find out what had happened, possibly to
2:25:43
get advice, possibly to get counseling.
2:25:46
But here's what really happened. When Carolyn Cobb called to make
2:25:51
her appointment, she gave a false name, pretending to be a
2:25:57
new client, and Carolyn Cox entered our offices.
2:26:05
She wore the skies away and dark sunglasses.
2:26:10
And when our secretary sat down with her.
2:26:15
All new clients fill out a form which gives basic information,
2:26:21
their name, their address, their children, their spouse's name
2:26:26
and address, their dates of birth, those kinds of things
2:26:29
which we need in order to effectively give fall pleading
2:26:35
through our clients. He sat there with the secretary
2:26:39
and gave false name, a false address.
2:26:46
And unfortunately for her, she did have some information on
2:26:51
there which was truthful, like her date of birth and children's
2:26:55
names, which eventually was called.
2:27:00
But she gave false information while wearing a disguise.
2:27:05
She went into him for his office, pulled the gun out of
2:27:08
the person, shot him in the heart.
2:27:13
She never came to that office to get advice or to get counsel.
2:27:18
She came to our offices with the premeditation to kill in the
2:27:25
court. That's the only reason she was
2:27:27
there and she succeeded. And the jury of her appears
2:27:32
found her guilty of second degree murder.
2:27:36
Second degree murder carries a life sentence without probation
2:27:40
or parole. She should be made to carry out
2:27:44
the sentence the State and Jury of Affairs told her she had to
2:27:51
serve. I am not convinced this woman
2:27:55
has ever been remorseful. Frankly, I am in fear for myself
2:28:01
and family and for Mystic Forest family and for Sterling in his
2:28:06
life and their children. This woman is allowed to roam
2:28:13
the streets again, brood over the people like myself who have
2:28:18
helped, have entered, have kept her in prison all these years.
2:28:24
She apparently has been doing fairly well in prison.
2:28:28
She's been getting psychiatric and psychological help.
2:28:32
The warden thinks she's a good president and that frankly where
2:28:36
she should stay for the remainder of her peers.
2:28:40
Thank you. Thank you, Sir.
2:28:42
We appreciate appreciate your words.
2:28:45
All right, we will hear now from Mr. John Saintfield with the
2:28:58
Attorney General's office. Yeah, Honourable Commission John
2:29:06
Saintfield. I'm currently executive of the
2:29:08
council. The Attorney General is more
2:29:11
only I was Chief Deputy Attorney General to Governor Jeff Mandry
2:29:16
for that senior council. Jeff Mandry, 8 years spent. 11
2:29:21
years on. Rosen, Brown, prosecuting cases
2:29:24
and the chief 50 District Attorney later in my career and
2:29:29
I came back to spend 17/6. Years as first.
2:29:33
System ADA for Richard Hyde you both in county parish deployed
2:29:39
game Attorney general and I served 17 years as first DA at
2:29:44
the governor. I'm going to go to the attorney
2:29:50
general's office and 1st assistant attorney general.
2:29:54
I give that background because I have some disagreement with some
2:29:57
of the stuff that I've tried to tell the cop and what I saw,
2:30:06
which is rare. I've been prosecuting murder
2:30:09
case in over 50 years and and y'all see a lot of them.
2:30:13
There's a lot of drug murders that are premeditated.
2:30:17
I tried Derrick Todd Lee gave him the depth of him.
2:30:22
He had a lot of premeditated murders.
2:30:26
So they are. But one like this stands out to
2:30:30
me because I was very close by and there was still wet blood
2:30:36
all over it. This whole scene.
2:30:38
I was at this crime scene and probably a few minutes after I
2:30:42
don't know if. I beat the.
2:30:43
Corner there or not. Well, what was very plain here
2:30:48
is I hear all this about her being upset and emotionally
2:30:51
involved. I hear the psychiatrist.
2:30:53
I would love to cross it down to him because sometimes they don't
2:30:56
hold up so well when they face cross foundation by an
2:30:59
experience of prosecuting. But one thing here that was said
2:31:03
was wrong is when I guess the son says she feels she has paid
2:31:09
her debt to society. When you do a premeditated
2:31:14
murder and you take your time, what she did and she made a
2:31:20
decision that another human being is going to die that day
2:31:27
and she disguised her house. I'll, I'll defer to the record.
2:31:31
I have a few records. But she had on the wig and
2:31:34
sunglasses. She filled out a application
2:31:38
with false information. She went in and shut the door.
2:31:41
And it was a very short period of time.
2:31:43
As I recall, the Pam, you heard the gunshot shot left the door
2:31:48
right in the chest, get his heart.
2:31:52
And then she made her way out of there and she didn't have any
2:31:56
immediate remarks. We had to figure out who did it.
2:31:59
We had to pull the files. I forget exactly how the birth
2:32:02
of the record. Y'all may not know about it, but
2:32:07
what is the punishment when you just decide that another human
2:32:12
being is going to die on a certain time when she did and
2:32:17
you just walked in there and killed somebody.
2:32:20
You've made a decision. Stay, lose out and make a
2:32:26
decision. We can't stop doing that.
2:32:31
Stay, lose out and make a decision.
2:32:32
When you do that, the punishment or the life?
2:32:35
Without. Suspension, probation and
2:32:37
parole, not life without suspension, Probation program
2:32:41
for a certain period of time, then you get out and you have to
2:32:44
enjoy your family, enjoy life and be around Baton Rouge.
2:32:49
So I disagree. I don't think she has paid her
2:32:52
debts, Society, I think there's a big deficit yet to be paid
2:32:56
that debt. She hasn't paid it yet.
2:32:58
They don't think she'd be a threat to anyone.
2:33:07
I don't know. Is she blaming the people in
2:33:14
this room? Is she blamed me?
2:33:17
I prosecuted. She blamed the lawyer that we
2:33:21
pulled the tape and it didn't look like what I recalled.
2:33:25
I didn't look like he did a lot wrong in that here that she got
2:33:30
blamed. She blamed.
2:33:36
You know, I have experience of family members being gotten to
2:33:41
by lawyers and other. People and showing up.
2:33:48
I live in Baton Rouge, inside the city limits of Baton Rouge,
2:33:53
so I guess I'm glad here because at least I know what she looks
2:33:59
like. If you all let her out, I would
2:34:05
urge you not to do this. She doesn't deserve it.
2:34:10
But you make that premeditated decision that you're going to
2:34:14
execute another human being, and you do it very cleverly.
2:34:19
She could have gotten away with this.
2:34:21
A little bit of love. She's been a little better at
2:34:23
that application. She's been a little better not
2:34:28
put so close to her now a little whatever because the secretary
2:34:35
didn't recognize So I've heard everything here the only.
2:34:42
Thing I can. Do is they don't pass some of
2:34:44
the state of Louisiana. We would request you to please
2:34:48
deny this application, not answer any questions anybody
2:34:53
has. OK.
2:34:55
Thank you, Sir. We appreciate those words and.
2:34:57
We'll we'll consider. Those and why would these other
2:34:59
things Miss Tracy Barbara. Barbara.
2:35:05
Good morning, Tracy Barbera for the Baton Rouge East Baton Rouge
2:35:08
District Attorney's Office. I apologize for not being
2:35:11
present in person, but I decided to bring my congestion and
2:35:14
coughs to healer's office and not before the members of the
2:35:17
board. I think this is the first time
2:35:21
in my 36 year career I've had to follow John Stingfield with
2:35:24
comments. It's somewhat intimidating, I
2:35:27
must admit, and they're honestly, there's not much more
2:35:30
that I can add to what Mr. Core, Mr. Hessek and Mr. Stingfield
2:35:35
have represented to you. I would just like to bring home
2:35:38
the fact that the individual Carolyn cops who spoke to you
2:35:42
last time made reference to she she went there with questions
2:35:48
and she just lost it. And then again today she said I
2:35:52
went there to ask him questions of the my emotions got the
2:35:56
better of me. I was not myself.
2:36:00
To this day, she is still not being completely forthright with
2:36:04
you about her intent when she did, just as Mr. Sinkfield
2:36:09
described, she armed herself with the firearm, went to the
2:36:13
law office, disguised herself. This woman clearly intended to
2:36:17
go there and kill Mr. Core and she still will not acknowledge
2:36:22
that until she acknowledges that to herself, her family and to
2:36:27
this board. I represent to you that she has
2:36:31
not even come close to meeting what this board has historically
2:36:35
required before recommending the relief that she requests.
2:36:41
She represented to you last time she tried to be a model
2:36:44
prisoner. She's being represented to you
2:36:46
today as a model prisoner. Again, as I said last time, I
2:36:51
hate to be a broken record, but you have had people before.
2:36:54
You have served more time than Miss Cobbs.
2:36:57
Heads who have had zero write ups or one or two early early
2:37:03
write ups. 121 write ups, the last one being an aggravated
2:37:09
offense is not indicative of someone who should be
2:37:14
recommended for clemency and released.
2:37:18
I stand firm with the core, Mr. Core and Mr. Field and Mr. Hasik
2:37:25
and ask it you please not recommend commutation of
2:37:29
sentence. Thank you.
2:37:33
Appreciate that. And the final speaker in
2:37:36
opposition will be Mr. Brad Hardy.
2:37:40
Is Mr. Hardy here or on Zoom? Yes, I am, Sir.
2:37:46
OK, Thank you very much Board. I will.
2:37:49
In light of everything that's been said, I'd like to address 1
2:37:51
specific issue. There's so much more that I
2:37:54
could say. I've watched the core family,
2:37:56
who I'm very close friends with for almost 40 years suffer from
2:38:01
this. The family.
2:38:04
It is a constant source of concern and outcome that today's
2:38:12
hearing will bring to bear in my mind.
2:38:16
As you all are aware, there's a tremendous difference as a
2:38:19
context of forgiveness and consequences.
2:38:22
I'm a mental health counselor licensed here in the state of
2:38:25
Louisiana as a licensed professional counselor
2:38:28
practicing over 43 years. I've worked extensively in my
2:38:33
practice also with victim defendant mediation, so I've had
2:38:38
the unique front row seat to watch people have committed very
2:38:42
serious crimes, ask for relief and forgiveness from families
2:38:47
that they've offended in this circumstance.
2:38:50
I can't address all the history that you all have so much more
2:38:53
than I do, but the context of what Miss Barbera and Mr.
2:38:58
Sinkfield has said from a public standpoint, there's a practical
2:39:03
and common sense understanding here that, you know, life in
2:39:08
prison means life in prison. The dynamic of this consequence
2:39:13
on this family wanting their mother to come home, I
2:39:17
appreciate that and I and I feel for the family and I encourage
2:39:21
forgiveness. But there is a difference
2:39:23
between forgiveness and consequence.
2:39:25
All of us should forgive when there's an offense such as this
2:39:28
because otherwise we're not released and free emotionally.
2:39:32
So forgiveness is absolutely essential.
2:39:35
But the consequences, Mr. Singfield said, is a debt that's
2:39:39
paid because of the heinous act. And so feelings cannot come into
2:39:44
play in this, in my opinion, as a public citizen, but also as a
2:39:49
friend of the family, there are real concerns for their safety
2:39:53
and welfare. But in this context, please do
2:39:57
not commute this sentence. That puts anyone at further risk
2:40:01
of harm. And I think you protect the
2:40:04
family, you protect Mr. Hessek. And I also think the dynamic
2:40:10
that was just said by Miss Barbera, I think the truth is,
2:40:13
is that keeping her in custody is the best outcome for her from
2:40:18
a health standpoint, from mental health standpoint, and also from
2:40:23
a real context of consideration for what life in prison without
2:40:28
the ability of parole means. So thank you very much.
2:40:32
OK, Thank you, Mr. Hardy. We appreciate those words, I
2:40:36
believe, and I could stand corrected, but I believe that's
2:40:39
all the speakers that we're going to have either in
2:40:43
opposition or in favor of this request of Miss Cobb.
2:40:48
Now, Miss Cobb, the next portion.
2:40:51
And I think, you know, we'll ask our questions and I'll, I'll
2:40:54
lead and then my rest of the panel will have a chance to ask
2:40:58
questions and then we will vote. It's as simple as that.
2:41:03
So I've got a couple of questions to clear up some of
2:41:07
the things that I've heard. Why did you set the appointment
2:41:14
to go there to the attorney's office?
2:41:19
Well. Sir, I had been trying to see
2:41:21
him for a while and I wasn't able to see him, so I decided to
2:41:27
try a new name. Maybe I get a chance to see him.
2:41:32
OK, when where did you get the gun?
2:41:39
I bought from a pawn shop. When did you buy it?
2:41:45
After me and my husband separated.
2:41:49
How soon was that before the shooting of your attorney?
2:41:59
It'd been a year, Sir. So you had had the gun a year,
2:42:04
is that correct? Yes, Sir.
2:42:08
OK, why did you disguise yourself?
2:42:17
3rd To my recollection, I didn't disguise myself.
2:42:20
I didn't wear a wig. Your recollection?
2:42:28
I. Mean you know if you want a wig
2:42:30
or not, but they. It's in your mind.
2:42:33
I hate my hair. There was no wig.
2:42:39
OK, what did you do with the gun afterwards?
2:42:45
I thought it into the water, Sir.
2:42:50
Where? Off a bridge?
2:42:56
What bridge? I don't remember.
2:43:09
OK, I've heard some discussions about your mental health.
2:43:19
Do you currently take medicine? Yes, Sir.
2:43:24
Were you taking medicine at the time?
2:43:30
I don't remember, Sir. When were you diagnosed with the
2:43:36
mental health problems? Sometimes during right after my
2:43:51
husband and I separated. But you don't remember if you
2:44:01
were taking medicine. Do you remember what kind of
2:44:03
medicine you were prescribed? Could have been a Valium Sir or
2:44:12
something like that. Could have been, but what was
2:44:18
it? Yes, Sir.
2:44:34
You don't remember what kind of medicine it was.
2:44:37
I can't say for certain, sort of low.
2:44:40
OK. That's that's good.
2:44:42
Thank you. Let's see, I'm concerned about
2:44:48
your disciplines. Tell me, tell me why you have so
2:44:58
many disciplines. Is there a common denominator?
2:45:03
Is there a, is there a something that causes you not to follow
2:45:09
the rules or causes you not to get along with people or
2:45:13
something? What are the?
2:45:15
Could you explain your disciplines?
2:45:19
Well, yes Sir, I was. I never been incarcerated or
2:45:24
locked up before and prison life is different and you have all
2:45:35
types of women from every walk of life.
2:45:38
And I I had time addressing, adjusting the prison life and I
2:45:47
think I might have had some bad medication when I was in prison.
2:45:56
And because reading I say that and we hear, we hear people say
2:46:03
they had trouble adjusting. And so they have some
2:46:07
disciplines and all, but your disciplines lasted for long time
2:46:13
is what concerns me. Up through basically 2020, but
2:46:18
primarily through 2018, you had a lot of disciplines, 100 / 100
2:46:23
disciplines. That's more than just, I would
2:46:27
think it's more than just adjusting.
2:46:30
Usually adjusting is the first two or three years.
2:46:33
So I was concerned about that. Let's see.
2:46:46
I believe that may be all the questions, but I may come back
2:46:49
after I hear someone like to ask some questions.
2:46:53
Some OK. How long have you been
2:46:57
incarcerated? Almost 44 years, Sir.
2:47:02
OK. I would probably I've forgotten
2:47:07
things in less time than that and I can understand 44 years.
2:47:11
You don't recall a lot of these things and Warden, do you feel
2:47:23
that this how long has she been with you?
2:47:25
She. Well, how long have I been here?
2:47:31
How long has she been here? How long has she been under your
2:47:34
supervision? So she's been here since 831983?
2:47:40
I've been here since 2021. 2020 And what kind of prisoner would
2:47:45
she say she is? Like I said earlier, since I've
2:47:49
been here and with her, she's been in the assisted living
2:47:53
dormitory. So, you know, like I said, she
2:47:56
hasn't been any trouble for me since I've been here.
2:48:02
That's what I thought I heard. Are you remorseful?
2:48:11
Are you remorseful? Oh, Sir.
2:48:16
From the beginning I was, I was confused and I just, I was in
2:48:24
torment. Are you remorseful now?
2:48:29
I was back then and I still am, Sir.
2:48:31
I should not have shot and killed Mr. Core.
2:48:33
I'm sorry. OK.
2:48:35
My emotions get the better of me.
2:48:38
Thank you. Yes, ma'am.
2:48:45
Miss Core, we've heard very important arguments on both
2:48:52
sides of this issue. You know your life sentence.
2:48:59
There's no doubt about it in my mind that it was entirely
2:49:02
premeditated. Everything you did from I read,
2:49:06
because I was on the board the last time you were up here, and
2:49:10
I remember the case from then and we had a little bit more
2:49:13
information leading up to it. And so I know my vote then was
2:49:22
not to commute you. Then I've read the letter from
2:49:27
the the victim's son, which is heartbreaking.
2:49:33
And I do understand because I'm a victims advocate.
2:49:37
I do understand that there are times when in order for a victim
2:49:42
to heal, they do need the same type of closure for a different
2:49:47
reason. Which is what's?
2:49:48
Been said here the rest of the family members they're they want
2:49:54
their nephew or their son to have closure and he's a very
2:49:59
kind person and he met with your children who want to understand
2:50:05
from what was being said here. And so they.
2:50:07
Had and I know how victim offender dialogue.
2:50:14
I know how important that is. For a victim.
2:50:16
And the offender and it seems like that's what we have that
2:50:20
was going on here. So I'm very happy that they had
2:50:23
that big. See, right now I listen to Mr.
2:50:26
Prater. He questioned.
2:50:28
You. Again.
2:50:29
And he questioned you and I listened and you were still
2:50:34
evasive about what you did that day.
2:50:37
And I don't even understand the purpose anymore.
2:50:41
Where did where did you throw the gun at?
2:50:45
Water. We all live right here in Baton
2:50:48
Rouge. And then you don't remember
2:50:53
wearing a wig or anything and. How did you get?
2:50:57
There last time seems like the last time I read.
2:51:00
That you had. Arranged for transportation to
2:51:02
bring you and pick you up. Did you take a taxi or something
2:51:05
last time? How did you get to his office?
2:51:10
Ma'am, I have an automobile. I had an automobile.
2:51:14
So you just drove? Yourself over there, OK,
2:51:18
Everything that I remember from reading the last time and this
2:51:22
time was? That you.
2:51:25
You did go in there with a gun in your purse.
2:51:27
That's that's not the normal thing for people to do.
2:51:31
So, you know, I don't buy the part that you were confused and
2:51:36
everything, but my heart does go out for other families on both
2:51:45
sides. I do want to say that.
2:51:49
For the very reasons. That they stated.
2:51:52
But I did find you continually still evasive today when
2:51:56
actually asked about particular crime.
2:52:00
So and about the mental health issue, you were invasive about
2:52:06
that too. So that's all I have to say for
2:52:09
today. So how long have you lived in
2:52:13
the assisted living dorm? Do you remember?
2:52:18
Maybe about six months. Oh, so you just got moved there?
2:52:22
OK. Yes, ma'am.
2:52:23
What was the job you had before you moved into that dorm?
2:52:28
It was housekeeping mail. OK, All right.
2:52:33
I think everybody did a really good job.
2:52:35
Go ahead. How long were you in his office
2:52:39
before you shot him? I don't remember, Sir.
2:52:45
Seconds. Minutes, I don't remember.
2:52:49
Did y'all talk about much? No, Sir.
2:52:56
So you pretty much had your mind made-up.
2:53:05
Sir, I just lost it. I just, I was under pressure, so
2:53:14
much pressure that I lost my reason and I just what happened
2:53:21
when you get out? What happens when you get out
2:53:23
and you forget to take your medicine and you get under
2:53:25
pressure at Brookshire's? Beg your pardon, Sir?
2:53:35
What happens when you somebody breaks in line in front of you
2:53:39
at Brookshire's and you've forgotten you hadn't been taking
2:53:42
your medicine because everything's fine and you're out
2:53:44
of you're out of jail? I don't know if y'all have
2:53:54
Brooks, who's around here Walmart.
2:54:04
Anyway, that's I kind of, it's kind of a rhetorical question,
2:54:09
meaning I didn't expect much of an answer, but I just wanted to
2:54:13
ask that question to tell you that's the kind of decisions
2:54:17
this board has to has to wrestle with along with everything else
2:54:22
that's been submitted is the safety of the public.
2:54:29
So. So I have one question for you,
2:54:33
Miss Cobbs, and then we'll be ready to vote.
2:54:37
When you went there that day, you went there to kill Mr. Core?
2:54:43
No, ma'am. Why'd you have the gun?
2:54:47
I carried the gun with me everywhere I went.
2:54:52
OK. All right.
2:54:54
Thank you, ma'am. I'd like to have executive
2:54:56
session please. We have a motion.
2:54:59
Is there a second? A second?
2:55:01
Can you call the roll pronounce them?
2:55:05
Yes, all righty. Friends, they go to executive
2:55:17
session. So this is interesting.
2:55:19
It's always interesting to me, these parole hearings and pardon
2:55:25
hearings and just watching this board work.
2:55:28
It's so much of A roller coaster.
2:55:29
So we put out the first poll and by two to one, you guys felt
2:55:34
that the board would side with Miss Cobb.
2:55:37
And then I put out another poll later in the hearing and 90% of
2:55:42
you say they will not side with her.
2:55:45
That's one of the reasons why I love watching these things is
2:55:48
things change. All right, We're a little bit.
2:55:56
What went on here? The feed got weird.
2:56:04
Hold on a minute. Let's try to refresh it.
2:56:12
Hold on. We gotta reset stuff.
2:56:18
All right, we'll come back to the board.
2:56:20
The feed got weird. I don't know why.
2:56:22
A little glitch there. So while I get that reset, let's
2:56:26
do this. Let's go to Judge Boyd.
2:56:30
Say good morning location. No, ma'am.
2:56:33
Hello. Hello.
2:56:34
All right, the court is calling 2026 CR 002619 State versus
2:56:40
Melissa Ramey. Can I have parties announced?
2:56:43
Marn Espinoza for the state where I'm left in, Miss Ramey.
2:56:46
And are you Miss Ramey? Yes, ma'am.
2:56:48
Council, have you received all discovery?
2:56:49
Did you review it with your client?
2:56:51
Yes, Your Honor, Court will find that the state is in compliance
2:56:54
with discovery. Miss Ramey, did you review the
2:56:56
true bill of indictment with your attorney?
2:56:58
Did you understand it? Yes, ma'am.
2:57:01
Council, do you waive the reading of the indictment?
2:57:03
Yes, Your honor. State, are you proceeding on the
2:57:05
indictment as presented? No your under state.
2:57:07
Moves to waive the. Punishment and panel.
2:57:09
No objections. Miss Ramy, did you review the
2:57:16
court admonishments with your attorney?
2:57:17
Did you understand it and sign it in all the appropriate
2:57:20
places? You're charged with possession
2:57:22
of a controlled substance penalty Group 1, less than 1G.
2:57:25
That the state jail felony range of punishment is anywhere from
2:57:28
180 days, up to two years in the state jail facility and up to
2:57:32
$10,000 fine. If you have a plea with the
2:57:34
state, the court does not have to follow your plea.
2:57:37
If the court does not follow your plea and gives you more
2:57:39
than you bargained for, the fact that you entered A plea will not
2:57:42
be used against you and you will be allowed to withdraw your
2:57:44
plea. You have a right to jury trial,
2:57:47
a right for you or your attorney to cross examine and confront
2:57:50
any witnesses. The state would call in the
2:57:51
right to remain silent. By entering this plea, you're
2:57:54
giving up those rights. Did you intend to give up those
2:57:57
rights and enter into a plea in this case?
2:57:59
Yes, ma'am. Counselor, has your client been
2:58:01
able to provide you with any defenses?
2:58:03
Yes, Your Honor. Do you believe she has a
2:58:05
rational as well as the factual understanding of the charges
2:58:07
against her? She does, Your Honor, do you
2:58:09
believe she's currently competent and was legally sane
2:58:11
at the time of the offense? Yes.
2:58:13
Thomas. Miss Ramey, has anyone threaten
2:58:15
you? Chorus, do you replace you in
2:58:16
fear to get you in to enter this plea?
2:58:18
No, ma'am. Anyone promise you anything
2:58:20
other than the plea? No, ma'am.
2:58:22
Are you satisfied with the way you've been represented?
2:58:24
Yes ma'am, if you're not AUS citizen by entering this plea
2:58:27
you will be deported, denied naturalization and re entry.
2:58:30
Did you understand court will find that defendant has
2:58:33
knowingly involuntarily waived her right to jury trial?
2:58:36
Did you review the plea bargain page with your attorney?
2:58:38
Did you understand it? According to the plea,
2:58:42
punishment is to be assessed at 180 days in the Bear County Jail
2:58:45
under 1244. There's an $800 fine and there
2:58:48
are no applications. Did you understand that to be
2:58:50
the plea? Yes, ma'am.
2:58:51
Defense state yes. Judge, did you review the waiver
2:58:54
of appeal paragraph with your attorney?
2:58:55
Did you understand it and sign it in both places?
2:58:58
By signing that you're waving your right to appeal.
2:59:01
The only items that can be appealed are written pretrial
2:59:03
motions that have been filed, heard and ruled upon by the
2:59:06
court. Did you understand?
2:59:07
Yes, ma'am. Council.
2:59:08
Are there any such motions? They are then to the charge.
2:59:12
How do you plead? Guilty, not guilty or no
2:59:14
contest. State any evidence.
2:59:17
States what? In all attachments, no
2:59:19
exceptions. All right, state Jimmy, big
2:59:21
excuse. Did you review the wavering
2:59:23
stipulations with your attorney? Did you understand it and sign
2:59:26
it in all the appropriate places?
2:59:27
Again, did you understand you have a right to jury trial, a
2:59:30
right for you or your attorney to cross examine and confront
2:59:32
any witnesses the state would call and the rights remain
2:59:35
silent? Did you understand that today
2:59:37
the State will be presenting evidence in the form of
2:59:39
witnesses, statements and police reports, but most importantly,
2:59:42
there'll be no live testimony? Did you understand Court will
2:59:46
find that Defendant has knowingly and voluntarily waived
2:59:48
and consented to stipulation of testimony and stipulations.
2:59:51
Court will accept into evidence States Exhibits 1 and
2:59:54
attachments and the Court will review the same.
3:00:28
After viewing State's Exhibits 1 and attachments, the court will
3:00:31
find there's sufficient evidence to find you guilty.
3:00:33
The court will find you guilty or proceed with sentencing.
3:00:36
Yes. Anything you wish to say on
3:00:37
behalf of your client? No.
3:00:38
We just ask the court. Follow the agreement and give
3:00:40
her credit for time, Sir. All right, who is Chad Malay to
3:00:45
you? He's.
3:00:46
One of my friends. OK.
3:00:59
All right, this is what the court is going to do.
3:01:02
As previously stated, the court is finding you guilty.
3:01:04
The court will sentence you to 180 days in the Bear County Jail
3:01:07
under 1244, give you credit for any time served.
3:01:11
There's an $800 fine. Time and money will run
3:01:13
concurrently. There's to be no contact with
3:01:17
Chad Milele. It's MILELE.
3:01:24
There's to be no unsupervised contact with minors.
3:01:27
Did you review the document entitled Trial Court
3:01:29
Certification of Defendants rights to appeal with your
3:01:32
attorney? Did you understand it and sign
3:01:34
it? Yes, ma'am.
3:01:35
All right, because it's a plea bargaining agreement, because I
3:01:37
followed your plea bargaining agreement, and because you
3:01:38
waived your right to appeal, you do not have the court's
3:01:41
permission to appeal. Because this is a felony
3:01:43
conviction, you're not allowed to own or possess any weapons or
3:01:46
ammunition. If you have a question over what
3:01:48
that is, you'll need to speak to an attorney.
3:01:50
Do you understand? Yes, ma'am.
3:01:52
All right, we can go off the record.
3:01:53
Here's the thing, if you do not make changes, only one or two
3:01:57
things going to end up happening.
3:01:58
You're going to end up at somebody's jail or in somebody's
3:02:01
prison, right? Because now you label it as a
3:02:04
habitual. So in certain cases, if you pick
3:02:07
up another possession case, you're looking at 2 to 20 or
3:02:11
somebody's going to identify your body because you
3:02:14
understand. So when you are released from
3:02:17
custody, you need to immediately go do an, a, a meeting or an NA
3:02:22
meeting. You can go to lifetime recovery.
3:02:24
There are plenty of places that will help you get back on your
3:02:27
feet and help you with any issues you may have.
3:02:30
If you continue on this vein, it's not going to go well, you
3:02:32
understand? All right, now here's the other
3:02:35
thing with this 180 days, Jill, is this supposed to be a
3:02:38
judgement satisfied? It's pretty AT has 84 days.
3:02:42
All right, So this is what I can tell you about that because
3:02:44
people will come to me and they say I'm in general population.
3:02:47
I should be getting 2 for one. I'm not in charge of your two
3:02:51
for one or three for one. That's something the Bear County
3:02:53
Jail does. I have no jurisdiction over
3:02:55
that. What I can tell you for this
3:02:57
court, you're going to get credit for the 84 days.
3:03:00
You do the math 180 days -84 that's what you'll be sentenced
3:03:05
to here. If they decide to give you your
3:03:07
two for one, you still have a little bit more time properly
3:03:10
left. All right, good luck to you.
3:03:13
Thank you, Ted. Sure, yes.
3:03:17
Okey, dokey. Let's go back to the board now
3:03:20
to get that resolution. By the way, I didn't have a
3:03:22
chance to say it earlier. Barbara, thank you for gifting
3:03:25
the five memberships. I appreciate that.
3:03:27
All right, back to the board. I'll make the motion to go back
3:03:38
to regular session. It did that objection.
3:03:41
We're back in regular sessions. 10:50 And they all prepared to
3:03:47
them, Mr. Crater. Yes, ma'am, because I've weighed
3:03:51
everything and words are cheap and we've been here long enough.
3:03:56
My, my vote has not changed. I still vote that this request
3:04:01
be denied. It's because of the violent
3:04:06
nature of the premeditated crime.
3:04:09
It's also because of the numbers of disciplines since you've been
3:04:13
incarcerated. And it's a lot of disciplines.
3:04:16
And they blasted up through 2020 and that bothers me because of
3:04:23
the severe opposition and and well stated opposition from the
3:04:28
law enforcement community and because of the premeditation.
3:04:34
And I still feel like well, because of the premeditations
3:04:40
for my vote has has not changed from the last hearing.
3:04:44
And my vote is too, I would not recommend to the governor that
3:04:49
we do this. Mr. Tillis, my vote is to
3:04:54
recommend to grant but to 99 years.
3:05:01
And I am so happy to see that the family has forgiven this
3:05:06
person. And I think 44 years, a long
3:05:13
time, I appreciate and feel that you have remorsefulness and hope
3:05:24
that some of us will get in our hearts to have mercy and forgive
3:05:30
people. So my vote is to grant.
3:05:34
Misses Stapleton, I got to tell you, I am very torn with this
3:05:41
one because I've been on both sides.
3:05:43
I'm a victims advocate. I know about victim offender
3:05:47
dialogue and what a powerful method of forgiveness that is,
3:05:54
enclosure for a victim. And that's what I've heard here
3:05:57
today. That means a lot to me.
3:06:00
And I'm so happy for his son and his sisters that they've reached
3:06:04
that point and. Have had.
3:06:06
Contact with your children I do find though.
3:06:09
That this was a. Premeditated act even to this
3:06:15
moment that it was a premeditated act like you.
3:06:18
Said you just. Spent a minute or so in his
3:06:20
office so. There's no.
3:06:22
Way to to not believe that you didn't go in there with a.
3:06:25
Gun and you first. To kill the man.
3:06:29
And so I didn't know until the brother mentioned that it was a
3:06:35
possible death penalty case. They took that off the table.
3:06:39
I don't know. About.
3:06:40
That but a jury decided. That it would be.
3:06:43
Live without the benefit of probation, parole or suspension
3:06:48
of sentence or anything like that.
3:06:50
So, so we have strong law enforcement opposition because
3:06:56
it was premeditated and it was such a violent crime.
3:06:59
So today I'm going to stay with my and, and you've continued to
3:07:03
have discipline problems, but now that you're in the assisted
3:07:07
living area, it seems like maybe this is a good fit for you.
3:07:12
So maybe some more time in the assisted living in medic
3:07:16
medication may have gotten just right because that's very
3:07:21
important. For you to have a life outside
3:07:23
of there. Or anywhere.
3:07:25
I don't want to see any discipline problems.
3:07:28
So. You do have one in the latest, I
3:07:30
think it was 2020 and it wasn't and you and all your discipline
3:07:34
problems, they've been aggravated discipline, a lot of
3:07:37
them. So yeah, I see June of 20, 20
3:07:41
that you had one was your latest 1.
3:07:43
So my book today is going to be to deny due to the nature of the
3:07:49
premeditation to kill the attorney, the law enforcement
3:07:53
opposition and we still have split victim opposition and you
3:07:58
had excessive disciplinary problems might have been any.
3:08:05
So, Miss Cobbs, today you didn't get the vote you needed.
3:08:10
It takes. Four, that's four light votes
3:08:13
and and so I'm not going to vote, but I will tell you, I'm a
3:08:16
little disappointed that you didn't take full ownership of of
3:08:21
your emotions that day. What happened?
3:08:23
I mean, I know you say you lost it, but I think there's more
3:08:26
that you need to come to terms with, just like the DA has
3:08:28
expressed so. I hope you continue.
3:08:32
To work on that, and I'm glad you're doing well where you're
3:08:34
at, but today your application for Clements has been denying
3:08:37
me. Good luck to you.
3:08:43
Denied. Well, there you have it, my
3:08:50
friends. The decision aligned with our
3:08:54
second poll where 9 out of 10 of us believed that she would be
3:08:57
denied, and she was. So I'm going to go to Judge
3:09:01
Stevens next, but I haven't paused because I want to show
3:09:05
you his face. He has the best expressions,
3:09:08
holding his breath, glaring at the defense attorney.
3:09:14
He's great for thumbnails. I'll tell you because he he just
3:09:17
has the best expressions. Anyways, on with judge.
3:09:21
Judge Stevens, you. Have to work with her on here.
3:09:24
So I'm I'm going to set it for hearing, you know, for this on
3:09:29
this on the motion. Yes, Sir.
3:09:32
OK, that hurt. Yeah, yeah, we're going to we're
3:09:44
going to go forward on this motion.
3:09:45
You're involved probation, but but you're not going to get a
3:09:49
bond. You you made a big mess here,
3:09:53
big mess. And you're going to you're going
3:09:56
to be answerable for it. But we're going to have a
3:10:00
hearing on the probation replication.
3:10:02
That's what's next. That is all.
3:10:09
On Christopher Chambliss. What are you going to do, buddy?
3:10:16
That's just, she didn't have any other.
3:10:23
Erica didn't. Sign.
3:10:24
Checked yellow. Paper here I thought I mailed.
3:10:32
Those to y'all before I left town.
3:10:42
Is calm. Is calm OK?
3:10:44
I'll work on that. But.
3:10:48
You still need copies. For now.
3:10:53
There's a motion to revoke probation and I guess a new
3:10:55
case, right, Right. Yes.
3:10:57
OK. So we did that.
3:10:58
Originally that was all the base did I yeah, that's that's my
3:11:02
goal that has Daniel Jenkins the same issue we did some.
3:11:07
There's some over on that stack, Daniel Jenkins.
3:11:14
Who doesn't? I'm.
3:11:16
Saying. Which one he is and which one he
3:11:18
says? As well is not then Daniel
3:11:25
Jenkins? Yeah, and.
3:11:29
And that's what we. Call them a shoe.
3:11:33
So I'll get those two. This one you you had the
3:11:39
competency. They all got repaired in the
3:11:43
same. Time there's a problem that
3:11:44
there's. Two of his cop in so I'll.
3:11:46
Get those two. Washington and Jane, let's see
3:11:48
what I can do. There's well, it's great.
3:11:51
And those they're not, I'm sorry.
3:11:53
OK. Hold on.
3:11:56
For those on thousands, yeah, that was I should go.
3:12:03
Up on that. Yeah.
3:12:10
Give me that. Yeah.
3:12:11
Thank you again. On Daniel patients, I need to
3:12:14
add five weeks on that. You ready?
3:12:18
Yeah, sure. Didn't see anybody out this.
3:12:22
Is just one. Case Right now he has two.
3:12:25
Is it 2? They'll send a raspin, a public
3:12:27
servant in burglary habitation. MTRP.
3:12:30
So it's 2. Yeah.
3:12:32
Daniel Jenkins. Sounds similar.
3:12:52
One underneath the two that you have stacked with best right
3:12:57
over there. That.
3:13:00
Looks like 3 files right there, so not by Kim.
3:13:05
OK, two files, is it just two for Daniel, right?
3:13:07
Yes. Yeah.
3:13:11
Does he need to be out here? In cause numbers 21-37149 and 25
3:13:18
CR 371. Those are each style of the
3:13:23
State of Texas versus Daniel Jenkins.
3:13:26
John West, his attorney, is present and based upon request
3:13:34
by the defense and 4th order an examination for competency, Dr.
3:13:38
Edfield Phan was appointed. To examine the.
3:13:41
Defendant in each of these spaces, and his examination was
3:13:46
accomplished in report David, March 20th, 2026.
3:13:53
The defendant was declared incompetent to proceed at this
3:14:01
time to resolutions of his legal issues as he is diagnosed with
3:14:09
the schizoaffective disorder and that based upon a reasonable
3:14:19
psychiatric probability. Dr. Gurpan states that it would
3:14:23
be expected he would regain competency with more intensive
3:14:27
treatment. Thus, the defendant is hereby
3:14:30
declared incompetent and is ordered to continue treatment
3:14:38
for his mental issues with a goal of him gaining competency
3:14:49
at at a sooner than later. Time.
3:14:54
Period. All right, so.
3:14:58
Is there anything the? Parties need to add on this no
3:15:01
orders, incompetency and treatment will be prepared and.
3:15:10
So you won't handle that. Sounds good.
3:15:15
Daniel. Yeah, he was just.
3:15:33
When I started talking about the competency issue, he took off.
3:15:44
All right, a little bit chaotic in Judge Stevens court.
3:15:46
Hopefully they get that sorted. In the meantime, let's go back
3:15:49
to Huron County. New contestant in front of Judge
3:15:52
Prill. 7274 SH. This is the defendant's motion
3:15:58
to correct invalid sentencing for re sentencing the.
3:16:01
Defendant is present. By the Zoom application
3:16:04
represented by attorney Kimberly Bickersett, who also appears by
3:16:07
this of an application people are represented by Prosecuting
3:16:11
Attorney Timothy J Burkowski. David J Wallace, Chief Assistant
3:16:14
Prosecuting attorney, appeared on this particular file and this
3:16:19
Victory staff, you may proceed. Thank you, your Honor.
3:16:22
I, I think I'm actually going to make this pretty easy this
3:16:25
morning. As an initial matter, the
3:16:27
prosecutor has already conceded that OV-19 was scored improperly
3:16:33
at 10, which will drop the sentencing guidelines from a
3:16:37
standard cell of 14 to 43 to a 12 to 36 in a shaded straddle
3:16:44
cell. So I think as a result, that
3:16:47
makes some of my claims moot to some degree because once a
3:16:51
resentencing is granted, I will be able to produce the and
3:16:55
present the mitigation evidence as well as an argument as to how
3:17:01
the child DUI law is to be applied.
3:17:06
So I think honestly, the only thing we have for your honor to
3:17:09
decide this morning would be the issue of OB 17 and whether it
3:17:14
should be scored. This concerns the degree of
3:17:19
negligence exhibited when operating a vehicle.
3:17:22
And in order to score it, wantonness is required, which is
3:17:27
a greater degree of culpability than just recklessness.
3:17:31
This standard is not merely an elevated form or enhanced form
3:17:37
of negligence. I mean, there's case law, you
3:17:39
know, I guess there's a lack of case law.
3:17:42
There are no published cases where OB 17 was scored for an
3:17:46
OWI at all. There are several unpublished
3:17:50
cases, but none where there was no accident or injuries involved
3:17:54
either. I mean, we all we have is a
3:17:57
witness who, you know, not meaning to take anything away
3:18:00
from this boy, but he's, he's an autistic young boy, didn't have
3:18:04
a driver's license and indicated to his mother that he was
3:18:08
afraid. But the credible witnesses, the
3:18:11
police officer actually pulled over Mr. Thomas did not witness
3:18:15
any driving dangerously, speeding, swerving or being all
3:18:20
over the road. There was no accident.
3:18:22
And we would argue as a result that OV-17 should not be scored.
3:18:26
You know this this would really open up OV-17 for being scored
3:18:30
anytime someone one is convicted of an OUI and that's not what we
3:18:34
have here and that's not the intention of OB 17.
3:18:39
Thank you, Judge. You're.
3:18:40
Welcome. You're welcome.
3:18:45
As as Council stated, we do agree that OB 19.
3:18:48
Needs to be. Listed property support.
3:18:50
So we're kind of check into that part.
3:18:53
But in terms of OB 17 and the court I know is read the brief
3:18:56
that supplied, we would contend, your Honor, that as property
3:19:00
support that the argument here just mentioned that well,
3:19:04
anytime anyone starts to order July, that would be sufficient.
3:19:07
No, that's not sufficient matter.
3:19:09
It depends on what's going on here in the case.
3:19:11
In this case, we have any witness who stated stated who
3:19:15
then provided information with his mother.
3:19:18
He's scared because the defendant is all over the road.
3:19:22
I'm scared because of that. Now counsel said well, because
3:19:25
the opposite didn't see anything didn't happen essentially.
3:19:28
She didn't say both words, but essentially $1,000,000 just
3:19:32
because you also present a little bit later, we could have
3:19:35
possibly the event. OK, if I see someone, I need to
3:19:39
be more even more careful now. But at the time, they said the
3:19:44
child's reaction is in the child's actions following.
3:19:51
He then took steps to say, mom, I'm scared something's going on
3:19:54
here. He threatened all the world, we
3:19:56
need help, call the police. And that's what happened here.
3:20:00
To require counselling herpes is essentially that well, there's
3:20:05
no injury, there's no no say death, but no injury, but
3:20:09
therefore you can't apply almost what they seem to be ugly and
3:20:13
that would make it'll be 17. Also on the other side,
3:20:18
essentially useless requires because of that.
3:20:22
You have charges. That regardless of that as well,
3:20:26
and I would also, as I noticed in the brief drug is driving,
3:20:29
which should be a down down to what we're talking about here
3:20:32
does not require any type of injury.
3:20:33
It's not the harm that happens. It's what's going on that could
3:20:37
be an harm. We submit that based on the fact
3:20:41
that the court had before it, it was properly scored and we asked
3:20:44
the court to. So fine hopeless child six or
3:20:47
seven. I'm sorry, what the age of the
3:20:52
child was? I think this child six or seven,
3:20:55
I think the child was a. Little.
3:20:57
I. Think I think about 14.
3:21:00
Oh, 14. Yes.
3:21:03
And there was another child in the car who was the mother, who
3:21:07
was the child of the mother who asked Corey to drive that day,
3:21:10
who, you know, that child and that adult were not afraid, did
3:21:15
not indicate there was driving dangerously, nor did the police
3:21:18
officer. Put any other questions, I have
3:21:24
no other questions. Thank you rebuttal.
3:21:27
Argument my, my only argument I would make, your honor, is it
3:21:30
it? It wouldn't make OOV 17 useless.
3:21:34
There are several unpublished cases where there's excessive
3:21:38
speeding, where there's accidents, where there's severe,
3:21:42
severe injuries happening. They're swerving all over the
3:21:45
road. There are things that make it
3:21:47
more than just recklessness and this is not a situation of more
3:21:52
than recklessness, so we would ask that it not be scored.
3:21:56
Very welcome. Well, one argument could also be
3:21:59
made relative to OB 19 as well and that it was waived.
3:22:04
There was there was nothing in the file to indicate an
3:22:08
objection to OB 19, so one could state that that argument was
3:22:13
waived as well as OB 17 based upon lack of objection to it.
3:22:20
However, this court finds relative to OB 19, I agree with
3:22:28
counsel because at the end of the day and and this is this is
3:22:35
the truth. In any drinking and driving type
3:22:37
of situation, you shall submit the request of peace officer to
3:22:43
breath blotting, breath test, blood test, urine test.
3:22:49
But you have the right to say no.
3:22:51
You have the right to deny a person a preliminary breath
3:22:54
test. APBTPBT, if I recall still
3:22:58
correctly, it's been a few years, only about 11, but I
3:23:01
believe it was merely a fine and there were no points.
3:23:04
I thought it was $100 fine, at least back in my time relative
3:23:07
to practicing. So it appears that the
3:23:10
defendant's behavior that warranted the scope of the
3:23:13
scoring of OV 19 was really exercising a was is the exercise
3:23:19
of his rights was improperly scored, which will require a new
3:23:24
sentencing. But now the issue pertains to OB
3:23:27
17 and under OV-17, the court is to apply preponderance of the
3:23:32
evidence. Standard.
3:23:33
Relative to that that guideline at OV-17, you can score 10
3:23:40
points under degree of negligence exhibited if the
3:23:44
offender showed a wanton or reckless disregard for the life
3:23:48
of property of another life or property of another person,
3:23:53
citing MCL 777.47. Parens 1, parens a or five
3:24:00
points. The offender failed to show the
3:24:02
degree of care that a person of ordinary prudence in a similar
3:24:05
situation would have shown, citing MCL 77.4. 7 parens 1.
3:24:09
Parens B or the defendant was not negligent.
3:24:15
Now the defendant had pled to operating while intoxicated with
3:24:23
a minor in the motor vehicle and this would have been a third
3:24:26
offense. And regarding the brief
3:24:31
regarding the argument relative to having some of the facts the
3:24:36
second time, I agree with that as well.
3:24:39
So I'm placing that on the record.
3:24:41
But when you look at OV-17 here in this case, and that's why the
3:24:47
court inquired, this child apparently 14 years of age, has
3:24:54
a mental health condition, calls his mother and reports,
3:25:01
according to the pre sentence report, driving all over the
3:25:07
road and dangerously, that's what it says.
3:25:13
And that the child expressed that he was scared.
3:25:18
That's all the court has to go on.
3:25:21
And so again, operating while intoxicated, just generally
3:25:25
speaking, if there's no accident or injury or anything like that,
3:25:31
you wouldn't be scoring over 17. It would be not considered 0
3:25:35
points. Move on here.
3:25:38
There was no injury, physical injury or death.
3:25:42
There was no accident involved or takes conditional notice that
3:25:48
according to the pre sentence report, the defendant was
3:25:51
operating with a blood alcohol content of .224 and had two
3:25:57
minor children in the vehicle. One of them was 14, the other
3:26:01
what it appears to be much younger and no reports from the
3:26:05
other child but a report from the 14 year old.
3:26:09
And so the question is, is that either wanton or reckless
3:26:15
disregard for the life or property of another person, not
3:26:19
necessarily the property, but certainly the life of the
3:26:23
individual. And I stand by the preponderance
3:26:28
of the evidence standard. If you have two minor children
3:26:31
in the vehicle, one of which reports being scared and that
3:26:38
based upon a phone call from that child to the mother, the
3:26:41
mother somehow dispatch gets called.
3:26:45
The the officer did not see any bad driving.
3:26:47
And I there's nothing in the record to indicate that he was
3:26:50
driving other than or had bad driving to the police officer.
3:26:56
But the young child reports what happened at the time.
3:27:00
Now there's an argument too that the child has some sort of
3:27:03
mental health condition or autistic.
3:27:09
I understand that, but if the child were that severely
3:27:14
limited, why would they call to begin with?
3:27:18
I, I and there's a lack of case law regarding this, but I guess
3:27:23
it's just common sense from the court's perspective, which I
3:27:26
appreciate the arguments of counsel here.
3:27:28
But when you decide to operate a motor vehicle with a .224 bodily
3:27:34
alcohol content, have two minor children in the vehicle, to me
3:27:39
it only makes common sense and preponderance of the evidence
3:27:42
standard that the offender showed a wanton or reckless
3:27:45
disregard for the life or property of another person.
3:27:49
Also consider the fact that the defendant previously was
3:27:52
incarcerated for drinking and driving related matters, so he
3:27:57
had a more sensitive understanding relative to why
3:28:01
you would not have anyone else in the motor vehicle.
3:28:04
Respectfully, OB 17, the court finds its properly scored.
3:28:08
However, we will resentence, we'll schedule this for
3:28:11
resentencing under the OB 19 correction, which would be a 12
3:28:16
to 36 guideline range and that sentencing date will be 4.
3:28:21
When would you like it? The court branch guidelines?
3:28:29
Yes, very quick two weeks, a month, two weeks any any problem
3:28:36
with two weeks for sentencing this picker step could we do
3:28:45
could we do 3 instead? I already have three in person
3:28:48
hearings that week and I travel all over the state.
3:28:51
So if we could do the week of the 27th.
3:28:54
That would be. Better for me and will my client
3:28:56
be there in person? You wish to have him present.
3:29:01
I guess I need to speak to him about that, but which I would
3:29:05
like to do after this, after we're done here, just if you
3:29:08
could put. Us in a breakout room that.
3:29:09
Would be great. We'll, we'll certainly.
3:29:11
Try to accommodate April 27th, April 27th at Are you available
3:29:19
at 9:00 AM? Where are you guys located that
3:29:23
extra county? Tip of the bum.
3:29:25
OK so I'm in Oakland County, 2 hours.
3:29:29
Is that about it or I don't really know to be?
3:29:31
Honest, I've not been to your court.
3:29:33
Yet. Sorry.
3:29:36
Give or take, How about can we do 10:00 that morning?
3:29:42
Let's make it 11. Perfect.
3:29:45
Thank you, Wallace. Anything bad for people?
3:29:47
And just as a note to honor. What the defendant now had been.
3:29:51
Even though this is a resentence, having a sentence
3:29:52
now to defend the corrections. Defense counsel, would you do
3:29:55
the red if you want? To have your.
3:29:57
Your present correct, OK. You have to repair the the red
3:30:02
and you also have to prepare the order relative to the court's
3:30:04
findings today. OK.
3:30:06
And then when I put the resentencing date in that order
3:30:08
or do you want a separate? Note.
3:30:10
OK, perfect. Put it all in one.
3:30:12
OK. And if you wouldn't mind just
3:30:14
moving us to a breakout room, I would.
3:30:15
Appreciate it. All right, we'll try to
3:30:17
accommodate this. Thank you.
3:30:18
Thank you, Judge. You're welcome, all righty
3:30:24
friends. Let's let's head back to Judge.
3:30:27
Stevens. What was what was what was his
3:30:40
nickname? Golden Joe.
3:30:45
You were going to tell me something, weren't you?
3:30:46
Do. You know what Lumi had at the
3:30:48
Rosemont Hotel when he lived in New York?
3:30:50
The best. The best one?
3:30:57
How do we say it's a good move all day?
3:30:58
Yeah. How do we do that?
3:31:01
Baseball. Baseball, Michael Jenkins.
3:31:05
That's around two or three faces.
3:31:21
Ryan, how much did you say? How much time?
3:31:22
4 weeks please. Jeff, 4 weeks and you are?
3:31:33
Job. 24 CR 99 is called, and you work here with your attorney,
3:31:41
Mr. Mamalin, and the state. 'S attorney there is a.
3:31:43
Motion to revoke unadjudicated probation that has been filed as
3:31:48
of November 7th, 2025. Does the defendant waive a
3:31:52
formal reading of this? Can we proceed in some and the
3:31:56
states here with the probation office and defense and
3:32:01
defendant's attorney? The defendant is attorney.
3:32:05
Raise your right hand, Sir. Do you solemnly?
3:32:06
Swear or affront, any statement you made during this hearing
3:32:08
shall be the truth, the whole truth and nothing but the truth.
3:32:11
So help you God. Yes, lower your hand and judge.
3:32:14
Come back with a few things. There was a valuation made at
3:32:18
the request of the defense or an issue suggesting evaluation to
3:32:28
determine defendants competency. Dr. Ed Groupon, License
3:32:32
Subtitles, was appointed to evaluate the defendant or
3:32:37
competence in a report dated March 20th, 2026.
3:32:44
The defendant was being to be competent to proceed through a
3:32:49
resolution of these legal issues based upon doctor response
3:32:52
reports. This is a four page report.
3:32:55
We're calling it coach exhibit one this date.
3:32:58
And this doc is any objection by the father's no objection.
3:33:04
It's made a part of their record for all purposes.
3:33:21
In summary, Sir, this motion to revoke only for the 30 and
3:33:25
probation filed on November 7th of 2025 states, but on December
3:33:29
not the 2024 in this court you were placed on 10 years deferred
3:33:34
or unadjudicated probation or evading arrest or detention with
3:33:38
a motor vehicle, a third degree felony.
3:33:40
Is that true, Sir? Allegation.
3:33:46
There are there are 11 allegations.
3:33:50
What does the defendant intend to plead to and what?
3:33:55
Thinking through to anything. I'll take responsibility, you
3:33:59
know, on what it is, but. As far as me.
3:34:02
Being drunk, Sir, I was not. No there.
3:34:04
There's OK. Number one States and that is
3:34:06
the. Offense of assault by threat on
3:34:08
or about October 24th. 2025 in Jefferson Valley, Texas. #2
3:34:13
states you committed. The offense of public
3:34:15
intoxication #3 states you committed the offense of
3:34:19
criminal trespass. Yes, that's right.
3:34:21
I'll tell you why, I'll tell you why.
3:34:22
So no, that's OK. Is that what you want to plead
3:34:24
to? Well, is that what you're
3:34:26
intending to plead true to? Yes.
3:34:28
I mean, I fell asleep on the bench outside the restaurant.
3:34:31
That's it. Josh, can I put some things on?
3:34:33
The records please OK my clients already been this morning, but I
3:34:37
actually. Want to make sure you understand
3:34:39
what we're here for today and all your potential options so.
3:34:42
You. Understand that you were put on
3:34:43
deferred. Adjudication probation deferred
3:34:46
or unadjudicated. Probation for evading arrest
3:34:48
with the vehicle, right And that that's a third degree felony.
3:34:51
So the range of. Punishment for a third degree
3:34:53
felony is anywhere from 2 all the way up to 10 with a fine.
3:34:56
Not to exceed. $10,000 So whenever you were put on that
3:35:00
deferred probation, they let you know that that finding of guilt
3:35:04
was deferred for the period of probation and if you completed
3:35:07
it, it would be. Dismissed with the same on your
3:35:08
record. Is that right?
3:35:11
But if? There was a.
3:35:12
Violation had to come back and revoke that probation and then
3:35:14
give you a conviction for the office.
3:35:18
So. Now that we are here at this
3:35:19
stage for a motion to revoke probation, you kind of have
3:35:22
three options on how to proceed and we've talked about what
3:35:24
those options look like. Is that right?
3:35:27
Sorry, she just. Has to take down everything, as
3:35:28
you say. So one of those is going through
3:35:31
with a contested hearing where the prosecutor would have to
3:35:34
prove the violations against you by preponderance of the
3:35:37
evidence. And then if they do, that judge
3:35:39
could provoke your probation and send it to you anywhere within
3:35:41
the range of punishment for a third degree balance.
3:35:43
Is that right? You understand that often you
3:35:46
understand another option is to voluntarily plead true and go
3:35:49
agreed to a resolution with the prosecutor which he's offering a
3:35:53
resolution of four years. Is that right?
3:35:57
We've talked about how he's offering the resolution of four
3:35:59
years. Did you know that?
3:36:01
Yeah. Did you have enough time to
3:36:03
think about though and consider it?
3:36:05
Well, I'm not, I believe. Almost four years, so once the
3:36:07
four years. Time for this, Sir, but nobody
3:36:10
wants to do. A day, you know, But I mean,
3:36:12
that was. I understand what I understand.
3:36:14
What did you find out about? The.
3:36:16
Offer. From the state no.
3:36:19
No. When did you find out about?
3:36:22
It the first time I came to. Court.
3:36:23
OK, so you've been? Considering you've had time to
3:36:26
consider it, OK, that's that's I just.
3:36:29
Don't want to rush it I. Just you have a fair.
3:36:32
Reasonable amount of time to consider.
3:36:34
Offers. So we knew about that for your
3:36:38
offer and we've talked about that, right?
3:36:40
And you? Understand that that would look
3:36:41
like voluntarily pleading through to the judge, but going
3:36:43
agreed to the punishment, right? And then the third option would
3:36:48
be to go involuntarily true to the judge, but to go without a
3:36:52
resolution where a judge would be deciding what the potential
3:36:55
punishment would be after the fact.
3:36:58
Sorry, you have to speak out and you understand that if you
3:37:02
voluntarily. Plead true that would be.
3:37:03
Enough to revoke your probation and then if judge does revoke
3:37:08
your probation then he could send it.
3:37:09
To you anywhere within. The range of punishment for a
3:37:11
third degree felony because you were on deferred and you are
3:37:15
choosing to. Go to judge.
3:37:16
Involuntarily flee true is that the you need a few?
3:37:22
Minutes to talk. About it and think I mean I just
3:37:24
I want to get this. I want to don't like well, I
3:37:26
don't don't there. Are some things here?
3:37:29
Do you need some a? Few minutes to talk to her.
3:37:31
About. The.
3:37:32
Options so that you know. Them so you don't talk about
3:37:35
them in front of everybody. I mean, I I don't mind talking
3:37:38
funny, everybody. Dude, I feel like we have talked
3:37:40
about all the talks about it, Judge.
3:37:42
Oh, OK. All right.
3:37:43
And you had enough time to think about it.
3:37:45
What you know what direction you want?
3:37:46
To have but they've only they've only came at me with one offer.
3:37:49
From day one. I mean, that's the way it may.
3:37:51
Be that's the only offer. You're.
3:37:53
Going to. Get.
3:37:54
That's their that's. Their domain.
3:37:59
You have to consider. It you have a.
3:38:01
Voice in the amount of time to consider.
3:38:03
It and those. Are your options so you?
3:38:05
Can either accept the deal or. Or.
3:38:08
Or. Not depending upon what you
3:38:10
plead to then I, I am the decision maker in a motion to
3:38:14
revoke probation. You don't get a jury.
3:38:17
Well, so Stevens, I was supposed to say, you know, I was going
3:38:20
through psychosis. Hold on from the rest, hold on.
3:38:23
But the first step is which? Yeah, what option?
3:38:27
Then you can have a. Chance to explain and and she
3:38:30
can I'll I'll I just want to go out and.
3:38:32
Handle it today, so. Sir, I just.
3:38:33
Want to handle this today? OK.
3:38:36
In what way do you want to? Are you willing to?
3:38:40
Accept that deal or. Reject that, then you're going
3:38:42
to have to come to me. Oh, that looks.
3:38:45
Like either having a contested hearing or pleading true
3:38:48
voluntarily to the judge, OK, true voluntarily to the judge,
3:38:51
OK and then OK and then every beside gets to.
3:38:54
Sound in to. Add any additional information
3:38:57
that I will consider and then I will.
3:39:00
Make the decision and then that's it.
3:39:02
You're. Going to have to live by it.
3:39:03
You're looking at a. 3rd degree felony, no less than two, no
3:39:07
more than 10 years confinement in prison or I could revoke your
3:39:11
probation sentence you up to 10 years.
3:39:13
In prison and. Place you on regular probation
3:39:16
or I could continue you on deferred.
3:39:19
Or. Unadjudicated probation.
3:39:21
Those are pretty much the options all right.
3:39:25
Anything else? On that.
3:39:27
All right, Well, here's what I would do, and I need to take a
3:39:30
couple of minutes just for a meeting real quickly.
3:39:32
OK, hold on. OK, Judge is going to do his
3:39:43
meeting, so we'll get back to court in a second.
3:39:47
But you know, as I'm putting together the show, I get a lot
3:39:50
of things fed at me. And not all of it is court
3:39:53
related, some of it's like news and whatnot.
3:39:56
But there's an interesting post on X from NASA and this was put
3:40:02
up at 8 O 1:00 AM this morning. And it's an image of the moon,
3:40:07
in case you're not. Aware of it, the Artemis 2 is
3:40:12
currently approaching the moon, ready to do a flyby of it.
3:40:15
So go around it, which you know, was supposedly what happened
3:40:21
during the Apollo missions, right?
3:40:23
But so they, they show this picture of the moon and the
3:40:27
picture is kind of off to the side a little bit.
3:40:31
So to the right side of the moon is the part that we always see
3:40:33
in the sky. But then there's a little bit of
3:40:36
the, of the dark side, as they call it, the back that doesn't
3:40:39
face the the earth. But it says a new picture
3:40:44
captures the moon's near side on its right side and it's far side
3:40:48
on the left. The Artemis 2 crew are the 1st
3:40:51
to see the far side with human eyes.
3:40:57
So are they saying Apollo never happened because those missions
3:41:02
specifically went around the moon?
3:41:05
They they orbited. So that's really weird to me.
3:41:11
I don't know if it's just a mistake or if it's an admission.
3:41:15
I'm not trying to be conspiratorial here, but super
3:41:18
super weird post on X from NASA. Anyways, it just caught my
3:41:23
attention. Let's go back to judge.
3:41:29
In summary, I've already sworn you in.
3:41:33
In summary, this again states that on December 9th, 20. 24 In
3:41:36
this Court you were placed on 10 years deferred or unadjudicated
3:41:39
probation. For the third degree.
3:41:41
Felony of evading arrest or detention with their motor
3:41:44
vehicle. Is all of that true and correct?
3:41:47
Yes #1 state you committed the offense of assault by theft on
3:41:50
or about October 24th, 2025 and Jefferson County, Texas.
3:41:55
True or untrue? Two, you committed.
3:41:58
The offense of public intoxication on or about October
3:42:01
24th, 2025 in Jefferson County. Texas.
3:42:04
True or untrue 3 you. Committed.
3:42:07
The offense of criminal trespass on or about October 18th, 2025
3:42:11
in Jefferson County, Texas. True or untrue?
3:42:14
True. Can I say why?
3:42:16
Yeah, you will. But we're going to go through
3:42:17
the other. We're going to go through this
3:42:19
first and then go back to it. Or you committed the offense of
3:42:22
public intoxication on or about October. 9th. 2025 in Jeff in
3:42:29
Jefferson County, Texas Untruth 5 you committed the offense of
3:42:33
disorderly conduct with abusive, profane or vulgar.
3:42:35
Language. On or about October 7th. 25.
3:42:38
Also in violation of your probation order.
3:42:42
That's disorderly conduct. That's fancy misdemeanor 6.
3:42:47
You failed to immediately report to the probation office.
3:42:49
You were released from jail on October 7th, October 12th,
3:42:54
October 21st, October 27th, 2025 in violation of condition nine
3:43:00
of your probation. Order.
3:43:02
Which states immediately reported your probation office,
3:43:05
any change of address, employment, marital status or
3:43:08
any arrest and provide documentation of the source and
3:43:12
amount of all income for the household including yearly tax
3:43:16
returns. Anyway, I'm sure OK.
3:43:22
Seven, You failed to provide verification of performing
3:43:25
community service hours as required.
3:43:27
True or untrue 98 You were at a location other than your
3:43:34
residence at 3:15 AM on or about October 7th, 2025, in violation
3:43:39
of your curfew requirements of your probation order.
3:43:42
True or untrue? Untrue 9 failed to abstain from
3:43:50
the use of intoxicating substances.
3:43:53
You were arrested for the public intoxication on or about October
3:43:57
9th October 24th 2025. True or untrue 10 you failed to
3:44:04
enter and successfully complete the defensive driving class
3:44:07
violation of condition 26 of your probation order.
3:44:09
True or untrue? Sure.
3:44:15
And 11 you failed to pay court assessed fees as of not October
3:44:20
27th, you were in arrears 629 dollars in violation of your
3:44:24
probation order, which is to pay off fees timely.
3:44:27
True or untrue? That's true.
3:44:29
That's why that's true. Were you able to pay?
3:44:32
No Sir, no, that's not all right.
3:44:39
Here's what I'm going to do. I'm going to.
3:44:43
Pick. Some other matters out we're if
3:44:44
we're. Going to have a hearing on this
3:44:45
and it's just what I'm I will I want to hear all about this guy
3:44:49
since he didn't do anything essentially that the we need
3:44:53
states we can't we can't do that today if I got to prove up all
3:44:55
these public intoxication police officers I'm I'm going to have a
3:44:58
hearing on yesterday on the whole thing he'll set it for
3:45:02
here OK when and we do that just a couple 48 hours no well I'm
3:45:09
sorry Sir I'm. Speaking.
3:45:10
We're talking. You've had your chance.
3:45:12
I know where you're. Coming from, you've got a right?
3:45:14
To to plead untrue. But there's so much I want to
3:45:18
know all as much I can about you with these allegations.
3:45:21
There's too many to ignore. We're going to find.
3:45:25
Out and get to the bottom. Of it and I want to hear all the
3:45:27
evidence and just see what is true and what's untrue out of
3:45:32
those 11. Or plus I have to?
3:45:34
Find out what Mr. Kimler's schedule is.
3:45:36
Also Judge, because he's the one that had a threat made to him
3:45:38
and his office is threat by Kimler.
3:45:41
You know what? That's one more out first and
3:45:45
you're in time out just like we put the third graders in in
3:45:48
school. When I was a teacher.
3:45:49
Don't do that. Follow the rules, please.
3:45:53
You know why you're here. You didn't follow the rules.
3:45:56
You've already pleaded true to several rule violations.
3:45:59
You're. Not a rule.
3:46:00
Follower like we all are supposed to be.
3:46:03
Yes, Sir. So can you just?
3:46:04
Reset a couple of weeks, make sure I got everybody lined up.
3:46:08
Judge, I'm going to be here for another MTRP matter on April
3:46:11
16th. It's next Thursday.
3:46:14
No, you don't have anything on the 16th.
3:46:16
It's going to be the 14th. Oh, you're going.
3:46:18
To be gone. I'll be the seminar for that
3:46:19
week. The judge's house, thanks for
3:46:24
keeping that a secret. Thank.
3:46:37
You first opportunity.
3:47:01
Sooner than that, I appreciate. You appreciate.
3:47:12
You. We can do it.
3:47:17
We can squeeze. It in during the trial.
3:47:20
Yeah, click on that, that way, which is April 27th, April 27th,
3:47:28
it's 3. Weeks.
3:47:34
All right.
3:47:46
We have a commitment here to 9 up to 11% more Judge Boyd and
3:47:49
I'm a little behind today on that commitment.
3:47:51
So let's go there, all right? I won't know until the Supreme
3:48:01
Court ruled whether not of. The citizen
3:48:14
All right, so. Defense, did you all submit an
3:48:19
external hard drive? I know there's some.
3:48:21
OK. OK.
3:48:22
So they're in the process. Of trying to get all the
3:48:26
pertinent discovery all right so I'm I'm going to recall this in.
3:48:32
June And by that time you guys think you'll know if you have
3:48:36
all the discovery we we should know better, I believe.
3:48:39
So, Judge. All right, So what date in June?
3:48:43
30th. It's like June 30, June. 30
3:48:51
Norma. Well, you know what?
3:48:53
If you don't ask, you won't receive, right?
3:48:57
You know, I remember one time the.
3:48:58
Very first case I had Bert Richardson was the.
3:49:02
Prosecutor. And I'm a brand new attorney,
3:49:04
and that was back in the day. Where you had the.
3:49:08
The standardized bail seats, so you knew what the ranges were.
3:49:13
And so we're in the office and it's Bert Richardson.
3:49:17
You remember Grantley? William Arthur Box Hill, he was
3:49:21
my investigator and it was in the 226.
3:49:25
So we're sitting in the judge's chambers and Bert is there.
3:49:29
He's like Judge, she wants a bond reduction.
3:49:33
And you know. When you're out of law school,
3:49:34
they say file a motion for everything, but back in the day
3:49:37
you didn't file motions. Even though I had my motion.
3:49:39
I'm ready to do my argument. I'm like, what are we doing in
3:49:41
the? Judges training, this should be
3:49:42
on the record. That's what I'm thinking
3:49:43
mentally. So I go back there and they're
3:49:46
like, well, my, my, my guy is charged with possession with
3:49:51
intent to deliver over 400 grams.
3:49:53
So they're like, well, Stephanie, what do you want this
3:50:00
bond set at? And I said, well, $20 sounds
3:50:03
good to me. I'm like, I have that in my
3:50:06
pocket right now. And so.
3:50:09
Everybody's like ha, ha. And in my mind I'm thinking I'm
3:50:12
dead serious. But afterwards I come back, ha
3:50:15
ha. And so Brett Rich is like, I
3:50:17
think 1500 would be enough. So that's not bad.
3:50:21
We we set it for 1500 in that case.
3:50:24
I ended up getting dismissed on my motion to suppress.
3:50:27
But those are those are the days.
3:50:29
It's hard to believe. We're.
3:50:31
Coming up on anniversaries. Yeah, I need to do a BBQ.
3:50:37
Plate sale. Or something, because a group of
3:50:41
us from law school for our anniversary, you know what?
3:50:44
We. Decided to do.
3:50:46
We're headed to Paris to see Céline Dion.
3:50:49
Our hearts will go on. So we'll see.
3:50:54
So we're trying to see about the tickets.
3:50:57
So they they go on sale on the 10th.
3:50:58
So you'll be Europe is you're not going to on a ship.
3:51:02
Oh no, I don't do that could see the Titanic.
3:51:05
All right, OK, let me just tell you one.
3:51:10
I'm not. I'm not going to do a cruise.
3:51:12
Even though people should. Say you should do once in a
3:51:14
lifetime. I can't swim.
3:51:17
And I would hate for something to happen.
3:51:20
And then my mom would be on every news channel.
3:51:23
Somebody kidnapped my baby. And then you see a video of me.
3:51:26
Hey, you know, just going on the cruise flight.
3:51:29
So that will not be happening. No.
3:51:31
Even when I went to Greece and was hitting all the islands, I
3:51:34
didn't go by cruise. Yeah.
3:51:37
So we we flew. Now mind you, you take a boat to
3:51:41
go to your next island, but it was flying, driving.
3:51:46
It was awesome. We ended up stopping by the
3:51:48
place the restaurant called the Jackie O because they said
3:51:53
Jackie O used to go. There.
3:51:55
Oh, I went there. It was.
3:51:57
OK, All right. Norm, I need a late a date in
3:52:01
late June. Oh, look at that.
3:52:06
Are you going to? Are you going to pay?
3:52:08
And see, Alfonso was. Being he's Alfonso was like,
3:52:11
well, we can do it at the beginning of June.
3:52:14
So I didn't. Hear from June 3rd or. 30th all.
3:52:18
Right. So they're going to be back on
3:52:20
June 30th and what they have to make sure.
3:52:23
Is they have to make sure that they have all the discovery.
3:52:25
So they can represent you. So I know sometimes being in
3:52:28
jail. It's a while, but they need
3:52:31
their discovery. And then I see that you were in
3:52:34
the hospital at one point. All right.
3:52:39
So is there anything else? Sorry, just one thing.
3:52:43
He did pick up a case in the jail.
3:52:46
On April 2nd, no one's been appointed to.
3:52:49
That so if we could just have the assigned attorneys placed on
3:52:52
that. All right, Norma, if you can.
3:52:57
He's alleged to have committed an offense.
3:52:59
While at the jail, so if you could add.
3:53:01
The two attorneys for that, All right.
3:53:06
Is there anything else? All right.
3:53:09
Thank you. Thank you.
3:53:18
All right. Thanks.
3:53:20
So we don't really. Have excuse me, we don't really
3:53:23
have time to dig into much more, so we're going to close it out
3:53:26
here in a minute. But before we do.
3:53:29
So. I googled Apollo 8.
3:53:31
Description of Far side of Moon In December 1968, the Apollo 8
3:53:36
crew became the first humans. To see the lunar far side
3:53:39
describing. It as rugged, Gray and heavily
3:53:41
cratered, markedly different from the smoother near side.
3:53:45
William Anders described it as looking like a sandpile or
3:53:49
plaster of Paris, covered in countless holes and bumps.
3:53:53
Yet NASA tweets or XS or whatever out a little while ago
3:53:59
about how Artemis will be the first crew.
3:54:03
To see the. Far side of.
3:54:05
The moon with human. Eyes.
3:54:08
The world is weird. I don't know if it's just the
3:54:11
people running NASA now, don't know history or if they're
3:54:14
trying to tell us something or what, but it's a weird, weird
3:54:17
world. Anywho, I hope you all.
3:54:19
Had fun today. I did.
3:54:20
So much so that we'll be back tomorrow. 9:00 AM Eastern, 6:00
3:54:24
AM Pacific, 1/2 an hour earlier for your channel member and oh,
3:54:27
by the way, in the blind with Mike and Dan tonight, 7:00 PM
3:54:31
Eastern, 4:00 PM Pacific. So do join us for that because
3:54:34
Barbara just dropped a link in the chat.
3:54:37
That's a fun show. Check it out.
3:54:39
And then also, if you have not already, join me over on Sub
3:54:42
Stack, dansoul.substack.com. You can find me over there.
3:54:48
So do that because I've got notes from a couple of things I
3:54:52
saw today that I might write about.
3:54:53
Anywho, go have yourselves a good day and we'll see you all
3:54:56
soon. Take care, God bless.