Latest / The Courtroom Files / May 14, 2026 Court Hearings: Judge Olsaver Resentences Murderer, O'Donnell Sentences Addict Mom, Parole Board Hears Homicide Case + More | TCF Podcast #291

Transcript

May 14, 2026 Court Hearings: Judge Olsaver Resentences Murderer, O'Donnell Sentences Addict Mom, Parole Board Hears Homicide Case + More | TCF Podcast #291 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Friday, Eve.
• 0:03
  It's a Thursday here on TCF LIVE.
• 0:04
  My name is Dan Soule. I'll be your guide in the next
• 0:07
  three hour journey through courtland.
• 0:08
  Yeah, we're going to get started with Michael Oldsaver in Lenawee
• 0:11
  County, Michigan. State or sentencing in this case
• 0:15
  and we are proceeding today partially in person and
• 0:20
  partially by video conference. I do have one person, Samantha
• 0:24
  Moore, and where it is, is he going to make a big contact
• 0:29
  statement who's attending by Zoom?
• 0:34
  I do have Miss Moore in the Zoom session now, so can I have the
• 0:39
  attorneys placed their appearances on the record?
• 0:42
  Jennifer Grabenman on behalf of the.
• 0:44
  People. Good morning, Your Honor.
• 0:46
  Allison Swain from the seat of Public Defender's office on
• 0:49
  behalf of Marshall Sosby. Marshall Sosby is here in person
• 0:52
  today. And Sir, you are Marshall Scott
• 0:55
  Sosby. Yes, Your Honor.
• 0:56
  Mr. Sosby, have you had an opportunity to read and review
• 1:02
  the pre sentence report and the updates to the pre sentence
• 1:05
  report? Yes, John, if you had an
• 1:08
  opportunity to discuss those reports with your attorney, wish
• 1:15
  to explain or challenge the accuracy or relevancy of any of
• 1:19
  the information that is in these.
• 1:21
  Reports Nope that. Is good.
• 1:23
  Thank you. I'm sorry to interrupt, I just
• 1:26
  want to make sure that this more is let in.
• 1:30
  She wanted to be present for the entire she.
• 1:33
  She is in session. OK, I.
• 1:35
  Just she. Doesn't have her camera on, so
• 1:36
  I. I see.
• 1:37
  OK. So we're not going to see her up
• 1:39
  there, but she the device is in the Zoom session and her audio
• 1:44
  is connected. OK.
• 1:44
  Thank you. The Presense report did not
• 1:48
  disclose any prior convictions any any with a new
• 1:52
  constitutional defect. Yeah.
• 1:56
  Sensing guidelines in this case are calculated 225 to 375
• 2:02
  months. Miss Brooklyn, do you agree with
• 2:04
  that complication of the guidelines?
• 2:07
  I agree with the totals, Your Honor, but as I indicated in my
• 2:11
  sentencing memorandum, I do believe that obese 3 should be
• 2:15
  scored at 25 points. That doesn't affect the
• 2:19
  guideline minimum range, but I do believe that that would be
• 2:22
  appropriate given that we can't score 100.
• 2:27
  Points. Since this is a homage side
• 2:29
  offense but under people beat Houston, which I cited in my
• 2:34
  sensing memorandum that at 25 points is appropriate in
• 2:41
  instances when. A victim is killed.
• 2:45
  And we have two victims here. But I do believe that 25 points
• 2:49
  is appropriate. Not like that.
• 2:52
  To be scored. It's currently scored at 0.
• 3:02
  Miss Sweet. Your Honor, I believe given that
• 3:09
  it doesn't change the the range of this, I think guidelines, we
• 3:13
  have no objection at this time for that.
• 3:18
  All right, 25 points is appropriate under OV-3 where
• 3:22
  there was life threatening permitting capacity that
• 3:26
  occurred to a victim. People say people versus Houston
• 3:34
  473, Michigan 399 2005 case for the proposition scoring 25
• 3:40
  points for life threatening permitting test.
• 3:44
  Incapacitating injury was proper in a secondary murderer killed.
• 3:51
  So it does appear appropriate to score 25 will be 3.
• 3:56
  That does not change the guideline range because we were
• 4:00
  already at the maximum, you know, guideline range and so it
• 4:06
  made it 225 to 375. Any other issues with the
• 4:12
  guidelines? No, Your Honor.
• 4:14
  Thank you. Does the defense have?
• 4:16
  Any. Guideline Challenges.
• 4:20
  No, Your Honor. Before the forecast is
• 4:23
  sentenced, then Miss Swain, is there anything you want to say?
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  Anything that Mister sauce? That's your honor.
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  I first want to take a moment to acknowledge the tremendous loss
• 4:33
  of the Sassy family and so many others experienced by losing
• 4:36
  their loved ones, Carmen and Michael.
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  Sassy Marshall's actions killing his parents were senseless.
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  His siblings should have never had to endure that loss at such
• 4:44
  a young age, and his grandparents should not have had
• 4:47
  to have buried their children. We're here today because the
• 4:50
  Michigan Supreme Court held and people be so involved, that a
• 4:53
  life with parole sentence for an offense committed by a child
• 4:57
  violates the Michigan Constitution's prohibition on
• 4:59
  cruel or unusual punishment. At the time of those offense,
• 5:03
  Marshall was 17 years old. He was a scared and mature and
• 5:06
  impetuous kid. Today, Marshall is 35 years old.
• 5:11
  He has grown and matured from that abused 17 year old into a
• 5:15
  remorseful and thoughtful man. He said the last 17 years
• 5:18
  participating in programming, bettering himself and those
• 5:21
  around him. He spent that time self
• 5:23
  reflecting and living with the pain of this offense.
• 5:27
  When fashioning a new sentence for Marshall, there are many
• 5:30
  considerations for this court. A sentence must be proportionate
• 5:33
  to the offense and the offender. People be wakened and people be
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  Eccles require this court to consider the mitigating
• 5:39
  characteristics of Marshall's youth of the time he committed
• 5:42
  this offense. Boykin tells us that youth
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  necessarily impacts the analysis of the snow factors, reformation
• 5:49
  of the offender, protection of society, and discipline of the
• 5:51
  wrongdoer. Finally, while this court is not
• 5:54
  required to make findings as to the Miller factors, the Miller
• 5:57
  factors inform the analysis of the mitigating characteristics
• 6:01
  of youth outlined by Boykin. I know I filed A lengthy
• 6:04
  sentencing memo, so I don't plan to re argue everything here, but
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  I want to talk a little bit about the relevant snow factors
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  and Miller factors as I apply to Marshall.
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  I also want to be clear that none of the arguments I make are
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  meant to be excuses for Marshall's horrible actions.
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  Still, Miller requires us to consider what it defined as the
• 6:21
  mitigating qualities of youth, which include a youthful
• 6:24
  defendant's background, mental and emotional development.
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  The first Miller factor is chronological age, and it's
• 6:31
  hallmark features of youth. Marshall's chronological age is
• 6:34
  mitigating. He committed this offense when
• 6:35
  he was 17 years old. Our case law tells us that youth
• 6:39
  is always mitigating and must be considered for its mitigating
• 6:42
  impact. The brain science tells us that
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  adolescents, compared to mature adults, have a reduced ability
• 6:48
  to control their impulses in a complex or emotionally charged
• 6:51
  situation. They also have a reduced ability
• 6:54
  to manage their emotions, and they place more value on the
• 6:57
  potential benefits of certain behavior rather than fully
• 7:00
  considering the risks. The inability to recognize
• 7:02
  certain behaviors or situations as risky or wrong can be
• 7:05
  exacerbated by early traumatic experiences.
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  Marshall's age alone is mitigating and mitigates in
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  favor of a sentence of 225 months on the homicides.
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  The next similar factor is the circumstances of the family and
• 7:17
  home environment. This case is unique because
• 7:20
  Marshall killed his own parents who subjected him to extreme
• 7:23
  abuse and neglect. It may sound like I'm making
• 7:26
  excuses or justifying their murders, but that's not the
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  purpose of talking about what it was like for Marshall while
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  growing up. The law is clear that this
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  factor is relevant to juveniles characteristics of youth.
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  Even if Marshall hadn't killed his own parents, what do you
• 7:39
  experience in his home as a child and growing up is
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  significantly mitigating and would be relevant to this court
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  when crafting proportionate sentence?
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  Miller tells us that a juvenile circumstances of the family and
• 7:51
  home environment are relevant because children are more
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  vulnerable to negative influences, including those from
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  their family. They have limited control of
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  their own environments and lack the ability to extricate
• 8:02
  themselves from horrific crime producing science.
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  Marshall's father was abusive towards Carmen and his children.
• 8:08
  When Marshall was three years old, Michael, his father knocked
• 8:11
  him down because Marshall got in the way of him threatening his
• 8:13
  wife with a machete. Growing up, not only was
• 8:16
  Marshall unable to extricate himself from his father's
• 8:18
  horrific abuse, but even his mother was frequently unable to
• 8:21
  leave and keep her family safe. The abuse was so extreme, Carmen
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  tried to escape her husband's abuse on several occasions,
• 8:29
  fleeing to different States and even out of the country.
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  Marshall grew up with an emergency backpack, something
• 8:34
  like his mother also had, in case they needed to escape her
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  safety because of her own abuse. Carmen did her best to care for
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  her children, but there were times when she left on her own,
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  leaving Marshall and his siblings behind.
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  On some of these occasions, Michael would have Marshall call
• 8:48
  his mom and beg her to come back.
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  The escapes were never successful.
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  They always ended up with Marshall's parents getting back
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  together and the violence would continue.
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  Marshall grew up near his paternal grandparents and would
• 8:59
  try to who would try to protect the children when they could,
• 9:02
  but Michael frequently would not let his parents see their
• 9:04
  grandchildren if they were trying to intervene between him
• 9:07
  and his life. As he grew up, Marshall
• 9:09
  experienced abuse like his father handcuffing him to his
• 9:11
  brother, holding him underwater in a pool, using a Taser and
• 9:15
  electric collar on him as punishments.
• 9:17
  In the year leading up to this offense, Marshall, Marshall's
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  father, holding a 9mm gun, ordered Marshall outside and to
• 9:25
  face away from him. Michael shot Marshall in the
• 9:28
  back, causing him to fall to the ground.
• 9:30
  It wasn't until his father was standing over him that Marshall
• 9:33
  realized his father had switched out the Smith and Wesson for a
• 9:36
  paintball gun. Marshall grew up in tremendous
• 9:39
  fear of his father. He felt protective of his mother
• 9:41
  and wanted to help. But he was a child who also
• 9:44
  needed to be protected, and he was not getting that from the
• 9:47
  adults in his life. He spent a lot of time alone,
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  retreating to the comfort of video games, fantasy world and
• 9:53
  online friendships. He experienced things no child
• 9:56
  should have to experience, especially by the person who is
• 9:59
  supposed to be his protector. He saw things that no child is
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  supposed to see. When Marshall experience as a
• 10:05
  child both trauma and neglect mitigates in paper of a sentence
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  of 225 months for the homicides, the next Miller factors are the
• 10:13
  circumstances of the event and the ability to navigate the
• 10:16
  criminal justice system. On September 23rd, 2008,
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  Marshall got into a fight with his father about his cell phone
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  and unjustifiably shot and killed his father and his
• 10:26
  mother. Marshall then threatened his
• 10:28
  sister Samantha's life when he pointed a gun at her and told
• 10:31
  her not to tell the police what really happened.
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  He initially denied his actions, lying to police.
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  Following the offense, Marshall was found to be incompetent for
• 10:39
  trial for a period of time. He was admitted to the Center
• 10:42
  for Forensic Psychiatry before he was eventually restored to
• 10:45
  competency. Marshall then pleaded guilty to
• 10:48
  2nd degree murder and apologized for taking accountability for
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  his actions. Today, he takes full
• 10:54
  responsibility for killing his parents and is credibly
• 10:56
  remorseful for the harm he caused his family and other
• 10:58
  loved ones. While the context of the
• 11:01
  strained and abusive relationship with his parents is
• 11:03
  relevant for the support's consideration, Marshall by no
• 11:06
  means argues that this excuses his behaviors.
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  This court will hear directly from Marshall and his own words
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  about how remorseful he is for the harm he has caused.
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  The final factors are sort of addressed together, the Miller
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  factors, the possibility of rehabilitation and the Snow
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  factors of reformation of the offender, protection of society
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  and disciplining the wrongdoer, all of which are mitigating as
• 11:30
  to a term of 220 to 25 months of the homicides.
• 11:34
  Adolescence, Grow and Change Case law tells us that
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  rehabilitation involves the successful completion of
• 11:40
  vocational, educational, or counseling programs designed to
• 11:44
  enable a prisoner to lead a useful life free of crime when
• 11:47
  released. That's People V Bennett.
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  Case law also tells us that the snow factors must be viewed
• 11:53
  through the mitigating lens of youth.
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  As to the snow factor reformation of the offender,
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  People V Boykin tells us that quote an adolescence greater
• 12:01
  possibility that his character deficiencies will be reformed
• 12:04
  necessarily transforms reformation of the offender UN
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  quote. As to protection of society,
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  Boykin tells us that a use heightened capacity for change
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  compared to adults necessarily impacts the consideration of
• 12:16
  protection of society when it comes to the snow factory.
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  Regarding discipline of the wrongdoer, Boykin tells us it's
• 12:22
  less supportable to conclude that even a heinous crime
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  committed by a juvenile is evidence of irretrievably
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  depraved character. Finally, as outlined in the
• 12:31
  sentencing memo, case law tells us that deterrence cannot be
• 12:34
  measured. For the same reasons adolescents
• 12:36
  are less culpable, they are less likely to consider punishment.
• 12:39
  All three relevant Stone factors contemplate that adolescence
• 12:43
  change. Marshall's reformation,
• 12:45
  rehabilitation, heightened capacity for change, and how he
• 12:48
  is adequate, how he's been adequately disciplined for those
• 12:51
  events are all demonstrated through the work he's done when
• 12:54
  he's been incarcerated for the last 17 years.
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  I want to highlight just a few of his accomplishments over
• 12:59
  those years and the work that he's put in in the last half of
• 13:02
  his life and why he's deserving that of a sentence of 225
• 13:06
  months. First, I want to touch on
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  Marshall's MBOC disciplinary record.
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  In 17 years of incarceration, Marshall has incurred only one
• 13:14
  Class 1 misconduct and only 9 misconduct tickets total.
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  He's been at the lowest security level possible for the last 12
• 13:21
  years. His misconduct record is below
• 13:23
  the average for an incarcerated inmate in Michigan.
• 13:26
  His record is especially exemplary because we know that
• 13:30
  juveniles earn a lot of those early misconducts in the first
• 13:34
  years that they're incarcerated. And not only did Marshall not
• 13:38
  rack up a bunch of misconducts, he has been consistent over
• 13:43
  time. Next, I want to talk about
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  Marshall's programming and education.
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  In 2010, he earned his GED in prison.
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  He's currently enrolled in Jackson College and is a member
• 13:53
  of the Honor Society. Marshall has meaningfully
• 13:56
  engaged in as much programming as has been available to him.
• 14:00
  Early on, Marshall sought out involvement in programming to
• 14:02
  better himself and changed his way of thinking.
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  He established himself as a leader and a mentor and became a
• 14:08
  facilitator for many programs after each of them.
• 14:10
  There are many letters of support from other incarcerated
• 14:13
  individuals attached to the pleadings before this court.
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  The list of programming that Marshall's been involved in is
• 14:18
  extensive and also before this court in the pleadings
• 14:22
  noticeably Notably, he's participated in programs like
• 14:25
  Cager rage, Effective communication, Personal
• 14:28
  Dynamics, Healthy Relationships, Critical Thinking, and much
• 14:31
  more. Marshall has instructed or
• 14:33
  facilitated programs like Critical Thinking, Conflict
• 14:36
  Resolution, and Inside out programs with college students.
• 14:41
  Most recently, Marshall finished a personal integrity course and
• 14:44
  earned a 4.0 in his English course in terms of trades and
• 14:48
  job readiness for when he comes home.
• 14:49
  Marshall's participated in study courses like Commercial Driver's
• 14:52
  license, Advanced business, real advanced business, Real estate,
• 14:56
  Small Business and programs like Computer science, Legal
• 15:00
  research, money start, Computer based instruction and build your
• 15:03
  own financial future. Marshall has also been involved
• 15:05
  extensively in the Prison for Creative Arts program, also
• 15:08
  known as PCAP through the University of Michigan,
• 15:11
  participating in Creative writing in theatre.
• 15:13
  As we think about Marshall's future, he recognizes how lucky
• 15:16
  he is to have had the support of his grandfather until his
• 15:19
  grandfather passed last year and to have the support of his
• 15:22
  grandmother over the years of of his incarceration.
• 15:26
  His grandparents were his biggest supporters.
• 15:28
  Today, Marshall has a network of people who are ready to support
• 15:32
  him. His grandma is here today.
• 15:34
  Many members of the Sado Re entry team and Sado are here
• 15:40
  also to support him. When Marshall is released, he
• 15:43
  plans to live with his grandmother or to Marshall, his
• 15:46
  Oma. Oma is eager to welcome Marshall
• 15:49
  back into society and has a bedroom set up for him and her
• 15:52
  home. Marshall also has the support
• 15:54
  from his brother Tristan, who he's been able to foster a
• 15:57
  relationship with over these years.
• 15:59
  He has a support from Sato's Project RE entry and PCAP
• 16:02
  professor Doctor Ashley Lucas through PCAP's RE entry program
• 16:06
  Linkage. In summary, as People V Millborn
• 16:10
  tells us, imposition of the maximum possible sentence in the
• 16:14
  face of compelling circumstances would run against the concept of
• 16:18
  proportionality. An analysis of the Snow factors
• 16:22
  and the Miller factors here demonstrate that a proportionate
• 16:24
  sentence is 225 months on the homicides.
• 16:27
  In the majority of cases where an adolescent committed first
• 16:30
  degree murder, the sentencing range is 25 to 40 years on the
• 16:33
  minimum. Marshall took responsibility and
• 16:36
  pleaded guilty to 2nd degree murder when he was still a
• 16:39
  child. Sentencing Marshall to a
• 16:41
  sentence that is just as harsh or even harsher than the range
• 16:44
  for first degree murder juvenile would be disproportionate.
• 16:49
  Marshall has used each year of his incarceration to better
• 16:52
  himself than those around him. Just as the law has indicated
• 16:55
  that he would change. Just as the law has indicated he
• 16:58
  had a greater possibility for reform, he has demonstrated that
• 17:02
  it is evidence in his programming, education, and work
• 17:04
  history. As to deterrence, the case law
• 17:07
  tells us it's nearly impossible to measure deterrence when it
• 17:10
  comes to adolescence because the same characteristics that render
• 17:13
  juveniles less culpable than adults makes them less likely to
• 17:16
  consider potential punishments. When it comes to protection of
• 17:19
  society, Marshall has been housed at the lowest level of
• 17:21
  security available to him for the last 12 years.
• 17:25
  In 2012, just a few years after arriving to prison, Marshall's
• 17:29
  risk assessment on a prison evaluation posed such a low risk
• 17:33
  for violence, Ndoc removed him from the waiting list for
• 17:36
  mandatory violence prevention programming as he did not need
• 17:39
  this because of his low risk score.
• 17:43
  The law tells us he has a heightened capacity for change,
• 17:45
  and he has changed as to disciplining the wrongdoer.
• 17:49
  Marshall has been incarcerated since 2008.
• 17:52
  His actions are not those of an irretrievably depraved
• 17:55
  character, but instead a desperate, angry, and abused
• 17:58
  child. Marshall knows that when he
• 18:00
  killed his parents, he destroyed his family.
• 18:03
  In addition to his years incarcerated, Marshall is
• 18:06
  tormented each day knowing he is the one responsible for taking
• 18:09
  the lives of his parents while there is nothing he can do to
• 18:11
  bring them back and nothing he can do to heal the wounds he has
• 18:15
  already caused to his siblings, his grandparents in the
• 18:18
  community. Marshall has already dedicated
• 18:21
  himself to giving back and has no plans to stop once he is
• 18:24
  home, where he's availed himself to give to as much programming
• 18:30
  as possible, mental health treatment, and seen as a mentor.
• 18:33
  Additional incarceration at this point is just that, punishment
• 18:37
  and serves no further rehabilitative purpose.
• 18:41
  The guidelines that govern this case were scored aggressively
• 18:44
  and reflect the aggravated nature of this crime.
• 18:47
  Marshall has demonstrated the rehabilitative ideal.
• 18:50
  For these reasons, and the reasons put forth in my
• 18:52
  sentencing memo and appendix, I'm asking this Court to
• 18:56
  resentence Marshall to 225 months on the homicide offenses.
• 19:00
  Thank you. Mr. Sosby, is there anything
• 19:03
  you'd like to say on your own behalf before the court passes
• 19:05
  sentence? Yes, John.
• 19:12
  I was a horrible person who created.
• 19:14
  A void and destruction within those I loved and cherished.
• 19:20
  And in my. Community when I took the lives
• 19:23
  of my mom, Carmen Zosby. My dad, Michael.
• 19:26
  Zosby actions also caused feelings of the actions also
• 19:32
  caused feelings of betrayal, pain, suffering, anger and
• 19:36
  unthinkable fear especially was and it's felt by Samantha Deaf
• 19:41
  and Tristan and the rest of my family.
• 19:44
  Because of my actions, my siblings needed therapy and
• 19:48
  support from one another to just handle their daily lives and I
• 19:52
  don't know what my parents they had felt themselves seeing.
• 19:56
  Me. They're all the son.
• 19:58
  Holding a gun, pointing it toward them.
• 20:02
  I imagine death felt confusion, enrage and sadness.
• 20:05
  My mom your husband killed. And then she was overwhelmed
• 20:10
  with betrayal, grief, and his confusion.
• 20:15
  Can wrenching pain never truly be able to correct What?
• 20:22
  I've taken emotions of pain at place in my family, friends in
• 20:27
  the family and society. And on that horrific day,
• 20:31
  Tristan Omar told me about how you took your shoes off and said
• 20:37
  Mama. I've had a perfect day.
• 20:46
  You were so young and what happened didn't dawn on you.
• 20:50
  You slowly learned that they were going to offer coming back.
• 20:54
  I know you're picked on at school because of your parents
• 20:57
  were dead and your friends spend time with their families during
• 21:02
  holidays. When it opens a wound, you'll
• 21:05
  never have those moments. Never experienced having our
• 21:09
  parents. You've never had a chance to
• 21:12
  have the conversation you could have had with them.
• 21:16
  And now you just had a son. And I know.
• 21:18
  Your son will never get a chance so their grandparent.
• 21:25
  I'm sorry for making you go through life.
• 21:27
  With shatter pieces. You never know what how to.
• 21:31
  Put them back together. You're always the one with the
• 21:37
  golden heart who never wanted to hurt anyone's feelings.
• 21:42
  On that heroic day, you had no idea this would happen.
• 21:46
  I can only imagine your fear, terror and confusion as you
• 21:49
  heard gunshots and saw Dad and Mom die by my hands.
• 21:53
  You saw how much I love Mom. Yeah, I killed her.
• 21:57
  You might have thought you were going to die too and traumatize
• 22:02
  you and betrayed you. At times.
• 22:05
  I wonder if you moved out of state to get away from all of
• 22:07
  this. I know this is something you
• 22:10
  don't want to remove. And her parents weren't there to
• 22:13
  see your accomplishments. They weren't there to see you
• 22:17
  finish high school, get married, have children, become an amazing
• 22:21
  dad in the Navy, become a state trooper, or start your own
• 22:25
  business. I took that opportunity for you.
• 22:28
  I closed a tornado that went through revenge your own life in
• 22:33
  a horrible. Horrible way I'm.
• 22:36
  Sorry. Samantha, I made you feel like
• 22:41
  you were going to die. I told you were sober.
• 22:45
  How was your rebirth? It was like, oh, it was like
• 22:49
  horrible. Before you, you saw me take
• 22:57
  Dad's life. I was your champion, and then
• 23:03
  you saw me take the life about, saw that I cherished, and you
• 23:06
  thought you were next because I threatened you.
• 23:10
  I know this fear that you've been living with your whole
• 23:12
  life, your whole. World.
• 23:15
  And shifted again because of my resenting.
• 23:19
  I don't want you to live with fear.
• 23:21
  I want you to find peace, security and stability that I've
• 23:24
  taken from you because of my actions.
• 23:28
  I thought it was between you and our grandparents bridges for
• 23:33
  everyone in our family that took away the possibility of memories
• 23:38
  that could have been absorbed. I'm sorry for being a moral.
• 23:43
  Mind to you, I'm. Sorry for being bastard.
• 23:49
  I'm sorry I took advice of our beauties 2 and one.
• 23:56
  Family I dropped. Promotion that'll yield on you
• 24:01
  parents. Parents should never have to
• 24:03
  bear their own children. You had plans for your own
• 24:06
  praise, but you had to buy plots for mom and dad.
• 24:11
  You had to go through mom and dad's completely.
• 24:15
  Well, let's reopen to get it again.
• 24:17
  You thought you were done raising kids and now you're
• 24:20
  raising three more in your retirement years.
• 24:25
  But those of you who were more worried about everyone else than
• 24:28
  yourselves, at the beginning, I was planning to push everyone
• 24:31
  away because I didn't deserve any fun.
• 24:33
  But you never. You never gave up.
• 24:39
  You did what many people would never be able to do.
• 24:41
  You were always there. For me.
• 24:43
  It's a different question. Thank you for calling me man.
• 24:51
  I am today. I know you're no longer with us.
• 24:56
  I want you to know. You don't have to worry.
• 25:00
  If I'm given a chance, I'll be there.
• 25:01
  I would take care of them. I'm I'm sorry.
• 25:04
  I'm so sorry. My crime affected everyone.
• 25:10
  Just reading about it in the paper made people wonder, what
• 25:13
  if I made the community start locking up, locking up their
• 25:18
  homes and locking up emotion. I cannot do what I did somebody
• 25:23
  wish I could. I realize.
• 25:25
  That all the words I'm speaking today are not enough.
• 25:29
  I can't go back in time to help my family.
• 25:33
  What what I could do is to strive to be the person my
• 25:40
  family community deserves. Today I have a man committed to
• 25:44
  continued growth of my charity of transformation for myself.
• 25:48
  And. I can now reflect and recognize
• 25:52
  how my daily actions affect others and thank Jehovah for the
• 25:56
  place of people in my life who have helped shape me.
• 26:00
  And to the man I am today, I'm grateful for the opportunity to
• 26:03
  take accountability for my actions.
• 26:05
  I said these words today to everyone of her.
• 26:08
  I'm sorry, do. You need people wish her.
• 26:15
  Yes, her. Do you want to be heard by me or
• 26:18
  Samantha Jeffrey you prefer? I would probably prefer that
• 26:24
  Samantha be able to speak further.
• 26:27
  All right, Miss Moore, if you are there, I'm going to send you
• 26:29
  a request to unmute your device. I'm here.
• 26:33
  OK, My I'm going to I I'm. Sorry I'm I'm sorry to
• 26:40
  interrupt, but I'm going to send you a request to start your
• 26:42
  video. If you prefer not to start your
• 26:45
  video, you don't have to accept. That.
• 26:47
  I would much rather not. OK.
• 26:50
  If you would just state your full name and then you can
• 26:54
  continue with whatever it is you would like to say.
• 26:56
  My name is Samantha Moore, previously Samantha Sasby.
• 27:01
  All right, you can go ahead. OK.
• 27:04
  I have prepared a statement after hearing everything.
• 27:11
  I have made adjustments because I do feel that this core has
• 27:16
  never fully heard the truth. I will begin now.
• 27:21
  My name is Samantha Moore, previously Samantha Sosby.
• 27:24
  I am the sister of Marshall Sosby who I will refer to as my
• 27:28
  older brother from here forward to avoid using his name so I am
• 27:32
  able to get through this statement.
• 27:34
  Using my older brother's name in any sense creates significant
• 27:38
  distress for me, which may affect my ability to main to
• 27:42
  remain focused while providing this crucial, never before heard
• 27:49
  in this case statement. I have even covered him with a
• 27:52
  sticky note because I do not want to see him.
• 27:57
  For this reason, I will refer to him in general terms.
• 28:00
  I understand that this defense and criminal heavily rely on the
• 28:04
  victims to be too scared to relieve these memories so that
• 28:07
  they may then paint their own images of what happened.
• 28:12
  So I am here at the risk of reopening these disturbing
• 28:15
  memories to relay the full truth.
• 28:18
  I am submitting this statement after many years of being unable
• 28:21
  to speak on these matters in a formal setting.
• 28:24
  Since the horrific tragedy, I have not felt able to testify or
• 28:28
  put input or provide input in proceedings involving my
• 28:32
  brother. When I was a minor, I was not
• 28:35
  permitted to testify in court by my grandparents, and over the
• 28:39
  years I have struggled with fear and distress when even receiving
• 28:43
  correspondence is related to the case.
• 28:46
  I am here now to tell you plainly and without apology how
• 28:49
  my brother's crimes have destroyed my families and my
• 28:53
  life. Since not being involved in this
• 28:57
  case as much as I could, I am not aware of what the court
• 29:01
  knows. Do they truly know this evil
• 29:04
  man's true story? I am curious if they are aware
• 29:08
  of the real reasons he snapped that night.
• 29:11
  His cell phone taken from him due to an outrageous bill
• 29:14
  cutting his communications with a girlfriend in a different
• 29:17
  state where they planned to be wed in a Nazi themed ceremony.
• 29:23
  I wonder if you were all aware of his dark side and his demons
• 29:26
  he believed he could summon to hurt others, or of the violence
• 29:32
  he inflicted upon his siblings throughout our childhood.
• 29:37
  I truly feel the courts are in the dark on how deep his evil is
• 29:42
  rooted. I am here today to fill in those
• 29:46
  missing pieces to this story. In 2008, he brutally stole the
• 29:53
  life of our parents in front of me and my younger brother Devin.
• 29:57
  That moment, like so many others during our childhood, was only
• 30:02
  one episode in a long history of violence and cruelty.
• 30:08
  Growing up with him was not nearly difficult.
• 30:11
  It was a constant nightmare. We we endured repeated physical
• 30:21
  beatings, relentless psychological abuse, and sexual
• 30:25
  abuse when he felt it was deserved.
• 30:28
  As if those things weren't enough, he would turn our
• 30:31
  parents against us by destroying or damaging things.
• 30:36
  For example, dumping every single item of clothing in the
• 30:41
  middle of our rooms and telling our parents that we did it
• 30:44
  because we hated them. He often created situations
• 30:50
  designed to turn the adults against us while protecting his
• 30:54
  own image. What frightened me the most was
• 30:58
  how quickly he could change his behavior when authority figures
• 31:03
  or adults were nearby. Moments after hurting or
• 31:08
  threatening us, he would instantly smile, act calm, kind,
• 31:13
  and completely harmless. A perfect Angel.
• 31:18
  I remember him hurting us and then the moment he heard an
• 31:22
  adult approaching, switching demeanor entirely while silently
• 31:27
  squeezing or pinching our arms as hard as he could as a warning
• 31:31
  to not say anything. That constant message that
• 31:35
  speaking up would lead to retaliation shaped my childhood
• 31:40
  and is a large part of why I have remained silent and fearful
• 31:45
  for so many years. We as children tried to get
• 31:49
  help. We told our elders.
• 31:53
  Throughout my childhood. My older brother used
• 31:57
  intimidation and threats of violence towards my younger
• 32:01
  brother, Devin, to influence what he reported to our parents
• 32:05
  and family. Because of this, my younger
• 32:09
  brother would deny my accounts and support my older brother's
• 32:12
  versions of events out of fear. Over time, this led to my
• 32:17
  parents believing that I was not credible, as my statements were
• 32:21
  consistently contradicted by both of them.
• 32:24
  This pattern reinforced A perception within my family that
• 32:28
  my older brother was reliable and truthful and that he could
• 32:32
  not be questioned. As a result, he learned the
• 32:36
  needed behaviors and actions to become a master manipulator.
• 32:42
  He easily was able to put on an act with the face to match an
• 32:46
  Angel. Because of my family's failure
• 32:50
  to see through this, the harm continued and deepened, leading
• 32:55
  to that horrible night. I beg to be believed.
• 33:01
  No one protected us in time. The consequences of his actions
• 33:07
  are with me every single day. After all these years, I have
• 33:11
  cycled through numerous therapists and a long list of
• 33:15
  medications trying to heal from what he did, yet to truly find
• 33:21
  something to help me. I live with complex PTSD,
• 33:27
  crippling nightmares, panic attacks that strike without
• 33:31
  warning, dissociation that makes me feel like I am not in my own
• 33:36
  life, and a persistent derealization that steals my
• 33:40
  sense of safety and reality. Reality.
• 33:44
  These conditions have wrecked my health, affected my family and
• 33:49
  relationships, undermined my work and previous schooling, and
• 33:55
  forced me into a life shaped around fear and survival instead
• 33:59
  of growth and joy forever. Our family will suffer because
• 34:05
  of this man family who will never get to feel their love.
• 34:10
  Our parents will and have already missed major life
• 34:14
  events. They have missed the their
• 34:16
  grandson's births, our weddings, graduations, ceremonies.
• 34:22
  Their baby boy, my youngest brother Tristan, will never know
• 34:26
  their voices or mannerisms. Life forever changed because of
• 34:31
  this man. I am angry.
• 34:35
  I am angry for what he did, angry at the long shadow he cast
• 34:40
  over my childhood, and angry at a system that has failed to stop
• 34:45
  him sooner. But beyond anger, I am
• 34:48
  terrified. The thought of him being
• 34:51
  released haunts me. I do not want him near me, my
• 34:57
  family, or anyone else he may encounter in the public.
• 35:01
  One of the most painful parts of this process has been hearing
• 35:05
  the narrative simplified in ways that erase what I experienced
• 35:10
  directly at his hands for years. Part of why I have remained
• 35:16
  silent for so long was because attempts to speak out about the
• 35:20
  abuse and fear within my family were minimized or explained
• 35:23
  away. My own grandmother stands on my
• 35:28
  brother's side even after I told her the whole truth as a child.
• 35:35
  Likely This is why she did not allow me to testify as a minor,
• 35:40
  as well as why she and I have not gotten along.
• 35:44
  Her defense is despicable and in a dishonor to the truth, as well
• 35:51
  as a slight against my mother and her own son who loved her
• 35:56
  dearly. Even after disclosing what we
• 36:01
  experienced living with our older brother, the truth was
• 36:05
  dismissed rather than protected and brought to the court's
• 36:09
  attention. Her involvement with my older
• 36:14
  brother was the one of many reasons why I left her home when
• 36:17
  I was only 16. Even after leaving their place
• 36:21
  of of residence, her support was non existence, pretending I did
• 36:25
  not exist as she did with my mother countless times before
• 36:30
  and even refused to support my continued education when I was
• 36:35
  in high school. The silence and disbelief of her
• 36:39
  actions follow me even now. I know the defense may focus
• 36:45
  heavily on my father's shortcomings and conflict within
• 36:49
  our household. So many stretched truths have
• 36:53
  been told over these years. It sickens me to hear these
• 36:56
  things about our father, why he was not perfect.
• 37:01
  He brought so many smiles to our family as well as anyone he
• 37:05
  encountered in the community. Many people have even come
• 37:10
  forward to tell us of the lasting positive impacts he left
• 37:14
  on their lives after his passing.
• 37:17
  To hear him being painted a terrible father or an abuser is
• 37:21
  sickening and a cheap excuse for my older brother's terrible
• 37:26
  actions. Yes, my family was not perfect
• 37:29
  and there were unhealthy dynamics and discipline that
• 37:32
  affected all of us. I do not deny that.
• 37:36
  But I also need the court to understand that my brother's
• 37:39
  abusive behavior began long before the murders and I can
• 37:44
  cannot simply be explained away as one emotional outburst.
• 37:49
  As far back as I can remember, I lived in fear of my older
• 37:53
  brother. The abuse, manipulation,
• 37:57
  intimidation, and harm I experienced were him.
• 38:01
  From him were ongoing patterns of behavior that existed
• 38:05
  independently of any single argument or incident in the
• 38:08
  household. If anything, he was the favorite
• 38:13
  because he was never seen or caught doing wrong through the
• 38:17
  scapegoating and intimidation methods he practiced daily.
• 38:22
  I understand the courts may hear about his good behavior while
• 38:26
  incarcerated. I cannot say that behavior
• 38:30
  surprises me. In my experience growing up with
• 38:34
  him, he was able to present himself one way to authority
• 38:38
  figures and another way behind closed doors when he had us
• 38:42
  alone. One of the most terrifying
• 38:45
  aspects of living with him was that retaliation did not happen
• 38:49
  publicly. It happened privately when no
• 38:53
  one else was there to witness it.
• 38:55
  Where he would whip us with belts, he would punch us, he
• 39:00
  used his little sister's body in any way he felt and screamed as
• 39:05
  loud as he could in our ears. He always made sure to get even.
• 39:12
  This is what created an environment of constant fear
• 39:17
  about speaking up or against him.
• 39:20
  Because of that, outward compliance alone does not make
• 39:25
  me feel safe, nor does it reassure me that the underlying
• 39:30
  danger is gone. I know his tricks in many ways.
• 39:39
  His ability to appear controlled and cooperative to others was
• 39:44
  always part of what made him so difficult to protect ourselves
• 39:48
  from. He has shown a pattern of
• 39:51
  manipulation and control his entire life.
• 39:55
  His ability to charm and deceive is not rehabilitation.
• 40:01
  It is the same skill he used to harm us and evade
• 40:05
  accountability. If the court considers any
• 40:10
  reduction in his sentence or early release, I beg you to put
• 40:15
  the safety of victims and the community first.
• 40:19
  Do not, do not be persuaded by polished behavior in custody.
• 40:25
  I am here to ask the court to recognize the full, ongoing
• 40:31
  damage he has caused. This is not a past chapter that
• 40:36
  I can close. It is a wound that bleeds into
• 40:41
  every part of my life. I urge you to weigh that harm
• 40:45
  heavily in your decision. I am begging the courts to keep
• 40:51
  this man locked up not only for my safety, but for the for my
• 40:57
  family and the public. I understand the courts may
• 41:01
  consider his good behavior while incarcerated as evidence of
• 41:05
  rehabilitation. I reiterate my urge for you to
• 41:09
  understand one of the most frightening aspects of his
• 41:13
  behavior was his ability to appear controlled, cooperative,
• 41:18
  and even kind to others while creating fear privately behind
• 41:23
  closed doors. The night our parents died, I
• 41:28
  truly believed I survived because I told him I would not
• 41:31
  speak against him and would lie to the police about his actions.
• 41:37
  This moment of fear for my life reflects the level of fear I
• 41:42
  lived under the to under the extent to which I believed
• 41:46
  retaliation was possible if I went against him.
• 41:49
  Even now, as an adult with children of my own, the thought
• 41:54
  of his eventual release fills me with fear.
• 41:58
  That fear did not come from one isolated incident, it came from
• 42:04
  years of experiencing his terror first hand.
• 42:10
  Please consider the absolute maximum sentencing possible for
• 42:16
  this man is an absolute nightmare when left unchecked.
• 42:21
  Do not allow his polished acts and words to fool you.
• 42:26
  He was less than two months away from being an adult when he
• 42:29
  killed my parents. He knew what he was doing.
• 42:34
  Please do not allow him to exploit this hole in the law.
• 42:40
  Thank you for hearing me today and for considering the real and
• 42:44
  lasting costs of his action. I am only alive today because I
• 42:50
  lied to him when he threatened my life that terrifying night.
• 42:54
  Please don't let this monster fool you with his good deeds and
• 42:59
  model citizen behavior. He is a true master manipulator
• 43:05
  who had our entire family fooled.
• 43:12
  Thank you honor. As court knows I I wrote a re
• 43:19
  sentencing memorandum. I'm not going to we address
• 43:23
  things in there, but there are a couple of things that I want to
• 43:28
  say for the record. One is, I believe it's worth
• 43:33
  noting that Mr. Sasby was originally sentenced on the
• 43:40
  second degree murder convictions, one of life of a
• 43:45
  life sentence and 1 of 375 months to 750 months.
• 43:53
  It is because of the life sentence that we are here today,
• 43:59
  a gun, as was indicated by Miss Wayne.
• 44:05
  We are here because of people re Stovall and this court's bound
• 44:10
  by that. But this Court also has the
• 44:15
  ability to sentence Mr. Zosby to a lengthy term of years.
• 44:22
  There has been no parameters put on that term of years except for
• 44:28
  obviously this court needs to and must consider youth as a
• 44:32
  mitigating factor when taking into account the snow factors
• 44:36
  and determining A proportionate sentence that is not disputed.
• 44:42
  This Court is in a very unique position re sentencing Mr. Sosby
• 44:49
  17 years later. And again, I'm not going to
• 44:53
  reiterate the legal arguments and specific facts of this case.
• 44:59
  Mr. Sosby pled in this case. So in terms of a record, we are
• 45:05
  limited. I would urge the Court to take
• 45:11
  Samantha Moore's statement and understand the complicated
• 45:16
  dynamics of this case and the selfish acts of Mr. Zosby and
• 45:22
  the significant detrimental impact it has had on this family
• 45:27
  not only of Miss Moore but his siblings that his other siblings
• 45:32
  Devin and Tristan, who have not provided impact statements,
• 45:39
  which is their prerogative. I would like to note that OB 5
• 45:46
  was scored at the maximum of 15 points.
• 45:50
  That is psychological injury sustained by a member of
• 45:53
  victim's family. It absolutely does not
• 45:56
  adequately account for the psychological injury that Mister
• 46:01
  Sasny has caused his siblings and his family.
• 46:05
  Just like this Court can take into account Mr. Sasby's MDOC
• 46:10
  record, which I do not dispute, that he has taken advantage of
• 46:14
  the programs available to him and has seemingly on paper
• 46:20
  benefited from them. But this Court should equally be
• 46:23
  able to take into account what's happened to the victims over the
• 46:27
  last 17 years. They would not back in 2009,
• 46:32
  2010, when he was originally sentenced, been able to do that
• 46:36
  in the way that they are able to do that today.
• 46:39
  There are multiple versions that have been presented today and in
• 46:43
  the past of what happened not only on that night, that day,
• 46:49
  but what has happened in this family prior to that.
• 46:54
  But there's no doubt, and defendant himself has admitted
• 46:57
  that he premeditated the murder of his father.
• 47:01
  While he did plead a second degree murder, that
• 47:04
  premeditation is not in dispute. There's some we're never going
• 47:09
  to know why exactly Mr. Susby chose to murder his mother that
• 47:16
  night. He has apologized for it.
• 47:18
  He has expressed remorse. However, it also appears that
• 47:25
  it's quite likely that he killed his mom so that she didn't turn
• 47:28
  him in. He convinced where he attempted
• 47:31
  to convince Miss Moore to lie for him so that he could get
• 47:34
  away with it as well. Again, this court is in a unique
• 47:39
  position. It must consider Mr. Sosby's
• 47:44
  potential for reformation, but it is also appropriate for this
• 47:49
  court to consider the impact on the victims, the protection of
• 47:52
  society, punishment and deterrence, all while taking
• 47:57
  into account youth as a mitigating factor.
• 48:00
  The OV total in this case is 260 points, which is more than twice
• 48:05
  the maximum 100 points. The guidelines are at 2:25 to
• 48:10
  375 months on the second degree murder convictions and we are
• 48:15
  requesting that this court impose no less than 360 months
• 48:20
  on the minimum in addition. I would ask this court to.
• 48:26
  Impose a no contact with Miss Moore and again, as this court
• 48:31
  knows it must resentence on all the offenses.
• 48:35
  We are asking the court to reinstate the same same
• 48:40
  sentences on the other offenses, but we are requesting 360 months
• 48:46
  on the minimum. Sentencing in a case where lives
• 48:51
  have been lost is as difficult as it gets, and I always say
• 48:57
  that but this is a particularly difficult situation given the
• 49:04
  nature of the crime, the nature of the circumstances, and the
• 49:08
  nature of the emotional devastation that has resulted.
• 49:14
  From what it heard here. The United States Supreme Court
• 49:18
  in Miller versus Alabama decided that mandatory life sentences
• 49:23
  without the possibility of parole for crimes committed
• 49:25
  before the age of 18 were unconstitutional violate the 8th
• 49:29
  Amendment's prohibition on cruel and unusual punishment.
• 49:33
  In doing so, the United States Supreme Court acknowledged that
• 49:37
  as a result of adolescent brain development, children have
• 49:42
  diminished culpability compared to adults and a greater capacity
• 49:46
  for rehabilitation. The Michigan Supreme Court in
• 49:50
  the 2022 case of People versus Stovall held that life sentences
• 49:55
  with parole for proven offenders violates the Michigan
• 49:59
  Constitution's prohibition against cruel or unusual
• 50:03
  punishments system, with Stovall, Michigan Supreme Court,
• 50:07
  and in an order in this case vacating Mr. Sosby's sentence,
• 50:10
  as it included. A parole life.
• 50:12
  Sentence cases decided by the United States Supreme Court and
• 50:18
  the Michigan Supreme Court make one thing abundantly clear, and
• 50:23
  that's that youth matters in sentencing juvenile offenders.
• 50:28
  Michigan Supreme Court has established for basic sentencing
• 50:32
  considerations. Those are reformation of the
• 50:36
  offender, protection of society, disciplining the offender, and
• 50:41
  deterrence of others from committing like offenses.
• 50:45
  Goes without saying that the offenses here are among the most
• 50:50
  serious that we face in society. 2 murders, felony firearm,
• 50:55
  assault with a dangerous weapon and interfering with a police
• 50:59
  investigation. I've received a lot of
• 51:02
  information about this case and I've had the opportunity to hear
• 51:07
  the attorneys make their arguments, Mr. Sosby make this
• 51:11
  statement and hear Miss Moore make her impact statement.
• 51:17
  And those things are difficult at this point, having just heard
• 51:21
  it, to reconcile. Obviously, Mr. Sosby had no
• 51:25
  prior criminal history before committing these offenses, but
• 51:30
  he did commit these horrendous offenses that devastated the
• 51:35
  family. The parents are both gone.
• 51:38
  Mr. Sosby has been in prison. His siblings were left without
• 51:42
  the adults and their immediate family and were raised by their
• 51:45
  grandparents. Emotional wounds caused by these
• 51:49
  crimes obviously have not fully healed.
• 51:52
  They likely never will and as we just heard, are, at least in one
• 51:57
  case, rooms that are still very broad.
• 52:01
  Mr. Sosby was 17 years old when he committed these offenses,
• 52:05
  which include the murder of his parents, his family and home.
• 52:10
  Environment, as outlined in documentation that I have, were
• 52:16
  dysfunctional and I would even say highly dysfunctional.
• 52:21
  Most significant characteristic of that environment in the
• 52:24
  record that's before the court is the physical and mental abuse
• 52:28
  that was occurring at home started a very young age, very
• 52:32
  early in life, and unfortunately Mr. Sosby's mother was unable to
• 52:37
  protect him and for years he didn't have any viable means of
• 52:42
  escape due to his youth. Research suggests that juvenile
• 52:47
  offenders have a greater capacity for rehabilitation, and
• 52:52
  again, based on the record that is before the report that
• 52:55
  appears to be on display with Mr. Sosby.
• 52:59
  While in the custody of the Michigan Department of
• 53:02
  Corrections, Mr. Sosby has taken steps to get an education to
• 53:05
  address the issues that he faces as a result of his difficult
• 53:10
  childhood and the crimes that he's committed, and to help
• 53:13
  others take steps toward rehabilitation themselves.
• 53:16
  His record while in custody includes only one significant
• 53:20
  infraction over a long period of time.
• 53:25
  It's extremely low when measured against the typical rate at
• 53:28
  which you mates through infractions.
• 53:31
  Based on the report of Richard Stapleton that was attached to
• 53:36
  dependence, Brief stands in particular contrast to the fact
• 53:40
  that younger offenders are more. Likely to have a.
• 53:43
  Higher number of infractions while incarcerated.
• 53:48
  There's been an argument or or a statement here today that that
• 53:51
  behavior is our manipulation by Mr. Sasby to look good or
• 53:57
  minimize what's happened here. But I would note that the length
• 54:02
  of time that this behavior has gone on in the setting in which
• 54:07
  it has gone on suggests that it is something real and
• 54:12
  substantive, as opposed to the manipulation.
• 54:17
  And so it is a very difficult job to try to reconcile again
• 54:22
  the crimes that have been committed and the devastation
• 54:27
  that results from those crimes on one side of the scale.
• 54:31
  And on the other side of the scale, Mr. Sosby's really
• 54:35
  exemplary record while he has been incarcerated, he has done
• 54:39
  everything that society asks a person to do in that situation.
• 54:45
  And it would appear at this point, based on all of that,
• 54:48
  that he is at a low risk to reoffend, would appear that he
• 54:55
  has been significantly reformed during his time and that given
• 55:00
  the decreased likelihood of his reoffending, that society would
• 55:07
  be protected by a lower sentence than what was originally
• 55:12
  imposed. With the understanding that
• 55:16
  sentencing for juvenile crimes, the focus shifts away from
• 55:20
  discipline and deterrence and toward rehabilitation and
• 55:22
  reformation. I don't believe that the
• 55:26
  discipline of the offender and the deterrence of the offender
• 55:29
  and others is completely removed.
• 55:33
  And I do believe it is still consideration and it must be
• 55:37
  here based on the nature of the crimes.
• 55:41
  And so today is an attempt to balance two things that in some
• 55:45
  ways feel impossible to balance. Ultimately, I come back to what
• 55:51
  I said at the beginning is clear from the decisions of this US
• 55:55
  Supreme Court and the Michigan Supreme Court as it relates to
• 56:00
  juvenile sentencing. And that that is that youth
• 56:04
  matters and those factors must be considered and are considered
• 56:09
  here today. With respect to the interfering
• 56:12
  with police investigation since the 4th that Mister Sosby served
• 56:17
  57 to 120 months with the Michigan Department of
• 56:20
  Corrections. With respect to the assault with
• 56:23
  a dangerous weapon charge, it's the sense of the 4th that Mister
• 56:26
  Sosby served 23 months to 48 months Michigan Department of
• 56:30
  Corrections. With respect to both of the
• 56:33
  second degree murder charges, it is the sense of the court that
• 56:37
  Mister Sosby served 260 months to 750 months with the Michigan
• 56:43
  Department of Corrections. And with respect to the felony
• 56:47
  firearm, it is the sense of the court that Mister Sosby served
• 56:51
  24 Department of Corrections. By law felony firearm has to be
• 56:57
  served 1st and and the other charges are executive to the the
• 57:04
  fire charge. Miss Holly, do you have the
• 57:08
  credit on? From from 9:24 to.
• 57:15
  O. 8924 O 8 to 5/14/26. It's 6441 days.
• 57:22
  Anyway, that credit would go toward the selling firearm
• 57:25
  first. 6004. 141 days. So we'll have to do the math on
• 57:38
  that, but it's 6441 days total. The first amount is applied
• 57:43
  toward the 24 months of the felony firearm and the balance
• 57:47
  is applied toward the remaining charges, which are current.
• 57:52
  I don't know if crime victims rights fee is same cost stay the
• 57:55
  same. Crime victims rights fee since
• 57:57
  2010 has gone up to 130. It was already 60.
• 58:00
  I don't know if that would change state.
• 58:03
  Costs are the same. I will impose the same costs
• 58:06
  that were assessed at the first sentencing.
• 58:10
  I believe that's appropriate given time.
• 58:14
  Mr. Sosby, the bailiff is going to hand to you 3 copies of the
• 58:17
  notice of right to appellate review and request an
• 58:20
  appointment attorney form. Need to sign the top copy of
• 58:23
  that form and just in case that you received your copies of
• 58:28
  those forms, return that to the bailiff.
• 58:31
  If you want to request an appeal of your sentence and have an
• 58:35
  attorney pointed for you to do that, you need to fill out the
• 58:37
  remaining portion of that form and mail it to the address
• 58:39
  listed in the form within 42 days.
• 58:42
  Do you understand? That, yes, did.
• 58:45
  You want to add a no contact. Thank you.
• 58:48
  We'll add a no contact provision that Mister Sosbee not have
• 58:52
  contact with Samantha's Moore. The record should reflect that
• 59:00
  do have a copy of the signed appellate rights form from Mr.
• 59:02
  Sosby and Placing. That.
• 59:04
  File. Is there anything else that
• 59:06
  needs to be addressed today? No.
• 59:09
  Matter. Thank you.
• 59:11
  Nothing from defense. All right.
• 59:12
  Thank you for your time. All righty friends, it's rare
• 59:16
  that we go an hour and 20 minutes before I say once again,
• 59:20
  good morning everybody, Welcome to TCF Live.
• 59:22
  Happy Thursday. But we jumped right into the
• 59:25
  deep end. And, you know, I think sometimes
• 59:28
  people think I plan this stuff, I don't.
• 59:30
  I catch stuff live. Sometimes I might have an
• 59:35
  inkling of what's going on, but normally I don't.
• 59:39
  And we just kind of see what we see here.
• 59:41
  And this was jumping right into the deep end of the pool right
• 59:45
  away. But I have info.
• 59:48
  Some of this has already been discussed in the chat, some of
• 59:52
  it was discussed by the judge, but I want to make sure that
• 59:54
  we're all up to speed on what we just saw.
• 59:57
  So this was Marshall Scott Sosby, and he was born in 1990
• 1:00:02
  and he was 17 years old at the time of the crime.
• 1:00:06
  The offense date was actually September 23rd, 2008.
• 1:00:10
  Michael Sosby, age 40, and Carmen Sosby, age 37, were his
• 1:00:14
  parents and also the victims. He shot both parents inside
• 1:00:18
  their home during a fight and slash argument about cell phone
• 1:00:23
  usage. He initially reported their
• 1:00:26
  deaths as a murder suicide, so he tried to deflect.
• 1:00:32
  In November of 2009, he took a plea.
• 1:00:34
  The plea was two counts of second degree murder plus
• 1:00:37
  related related charges, felonious assault, felony
• 1:00:40
  firearm, and interfering with police.
• 1:00:44
  So on January 8th, 2010 he was sentenced.
• 1:00:47
  That was Judge Timothy Picard who is no longer on that court
• 1:00:51
  as far as I know. He was sentenced to life in
• 1:00:54
  prison but parolable. He was given 31 to 62 1/2 years
• 1:00:59
  for the murder of his father to and the the life in prison
• 1:01:05
  without with possibility of paroles for the murder of his
• 1:01:08
  mother. 31 to 62 1/2 for the murder of his father, probably
• 1:01:13
  less because I think the father was viewed as an abuser there. 2
• 1:01:17
  for the felony firearm and he would have been eligible for
• 1:01:21
  parole at the 33 year mark. Now along the way, and judge
• 1:01:26
  alluded to this, the Supreme Court made two rulings in 2012.
• 1:01:30
  They took up the case of Miller versus Alabama, and this is the
• 1:01:34
  US Supreme Court, and it was decided there that defendants
• 1:01:38
  under the 18 at the time of the crime could not be sentenced to
• 1:01:43
  life without parole, even though he was technically sentenced to
• 1:01:47
  life with parole. But they found that
• 1:01:51
  unconstitutional to the 8th Amendment.
• 1:01:53
  In 2016, the Supreme Court took up Montgomery versus Louisiana,
• 1:01:59
  which basically made Miller retroactive and Michigan
• 1:02:04
  responded by implementing MCL 769.25, which basically opened
• 1:02:13
  the doorway for these youthful juvenile offenders to be
• 1:02:18
  resentenced, even if it wasn't life without parole, but a life
• 1:02:24
  sentence. Because at the time Michigan had
• 1:02:27
  one of the highest populations of juveniles who had been handed
• 1:02:33
  life sentences. So ever since then, which was
• 1:02:37
  around 2016 after the Montgomery versus Louisiana ruling, where
• 1:02:42
  the Michigan legislature stepped in, ever since that, ever since
• 1:02:46
  then they've been kind of going through and cleaning up and re
• 1:02:48
  sentencing these people. So that is the deal there.
• 1:02:52
  Now with a sentence he just got, it translates to roughly 21 1/2
• 1:02:57
  to 62 1/2 years. He's served around 17.
• 1:03:01
  So he's got a ways to go before he would even be considered for
• 1:03:05
  any kind of a, any kind of a release.
• 1:03:08
  So that's where things stand with that.
• 1:03:12
  So anyways, just to bring you up to speed, if you've got any more
• 1:03:14
  questions or thoughts or anything, let me know in the
• 1:03:16
  chat and we'll we'll work through it.
• 1:03:19
  Let's do this. Let's go to Lake County, Ohio.
• 1:03:22
  We'll say good morning to Judge O'Donnell.
• 1:03:25
  Take your honor. We're here today in the state of
• 1:03:28
  Ohio versus Taylor Maxwell, case number 25 CR 1518.
• 1:03:32
  The defendant is present with counsel Chuck Lane Mack.
• 1:03:34
  We're here today for a sentencing hearing.
• 1:03:36
  We're last before you on April 6th for a jury trial.
• 1:03:39
  At that time the defendant was found guilty of three counts,
• 1:03:42
  the first being a legal conveyance and the second two
• 1:03:44
  being aggravated possession of drugs, both felonies of the 5th
• 1:03:47
  degree. After that hearing a pre
• 1:03:50
  sentence report in drug and alcohol were report were
• 1:03:53
  ordered. Those reports have since been
• 1:03:54
  completed and the defendant has 51 days of jail time credit.
• 1:03:58
  Thank you. Thank you, Mr. Langmack.
• 1:04:00
  Thank your honor, on behalf of Missus Maxwell, we are asking,
• 1:04:07
  asking your honor for you to grant community control to her.
• 1:04:11
  We understand the the seriousness of the third degree
• 1:04:13
  felony. It's not to be taken lightly.
• 1:04:17
  Frankly, neither are the two fifth degree felonies of
• 1:04:19
  possession in the nature. The actual charges suggest there
• 1:04:24
  is a drug issue here and there is there's a drug use issue that
• 1:04:29
  she has. She needs to take control of it
• 1:04:31
  because so far it's taking control of her.
• 1:04:34
  She made her do things that are frankly stupid and an advice,
• 1:04:40
  and she's made bad decisions because of the dependence and
• 1:04:45
  the addiction to the drugs, done things that you wouldn't
• 1:04:48
  normally do and does things that most people would not do or even
• 1:04:54
  consider. That is unfortunately the
• 1:04:56
  problem with drugs. They take you and to a place
• 1:04:59
  that you don't want to be and you shouldn't be against your
• 1:05:03
  will. Almost certainly nobody's
• 1:05:05
  forcing. Her.
• 1:05:06
  To use the drugs, I wouldn't say it's against her will.
• 1:05:10
  As I was starting to say, it's nobody's forcing her to use the
• 1:05:14
  drugs that is her fault and sort of that voluntary intoxication.
• 1:05:19
  When you do something purposely and intentionally, the things
• 1:05:24
  that follow afterwards you have to own.
• 1:05:27
  Those are also your fault. Even if you're not thinking
• 1:05:30
  clearly while you're doing it. It's because of your first
• 1:05:33
  action of using the drugs. It's nothing this court hasn't
• 1:05:36
  seen a million times before and unfortunately, we'll see a
• 1:05:39
  million times afterwards. It's just one of the issues, one
• 1:05:44
  of the many issues we have these days.
• 1:05:47
  Miss Maxwell does want help. She wants to not be here.
• 1:05:51
  She wants to not be dependent on drugs.
• 1:05:53
  She wants to not use the drugs. She needs to help in order to
• 1:05:58
  help her do that, or rather not do the drugs.
• 1:06:01
  She's got a lot of she's rather resistant to help, according to
• 1:06:05
  what's in the PSR. There are She has been in
• 1:06:08
  treatment before. She has gone through the
• 1:06:10
  process. Well, that's not what I'm
• 1:06:11
  talking about. And I know she's been through a
• 1:06:13
  million different things, OK, but one of her first statements
• 1:06:17
  she makes is this is all bullshit.
• 1:06:20
  Agreed, I think. And and she if, if, if she
• 1:06:25
  truly, if she truly wants treat, she also wants to dictate what
• 1:06:30
  their treatment is because she ain't going to neocad.
• 1:06:33
  So you tell me she wants help. This tells me she don't want
• 1:06:37
  help. This tells me she wants to be
• 1:06:40
  left alone because this is all bullshit.
• 1:06:43
  This should have been in Munich court, right?
• 1:06:45
  Well, I'm not. I think I'm.
• 1:06:47
  Not that's not my observation, that's her observation.
• 1:06:51
  Correct. And I think it's anybody in this
• 1:06:54
  situation would certainly rather had it in Munich court maybe I
• 1:06:58
  mean put myself in her shoes, I would might think that this
• 1:07:02
  should be a Munich court. I mean, I think.
• 1:07:04
  It's over with, OK? We left Munich court months ago.
• 1:07:08
  Months and months ago it left Munich Court.
• 1:07:11
  That is accurate. That ship has sailed and there's
• 1:07:13
  no going back there and it's over.
• 1:07:15
  And there was a trial and she was convicted of it.
• 1:07:17
  So it's whatever would have she would have hoped for or thought
• 1:07:21
  should have happened, could have happened or wanted to happen.
• 1:07:24
  It's it's moot at this point. What's happened has happened.
• 1:07:27
  She was found guilty through trial.
• 1:07:29
  The issue she now has to face is the consequences for that.
• 1:07:33
  Certainly that's why we're here today and that's what you will
• 1:07:36
  determine today. What she's hoping for is some
• 1:07:40
  leniency in allowing her to engage in treatment.
• 1:07:44
  I think it's it's not a bad idea for her to get that.
• 1:07:47
  I think it's a great idea. Now the question is, will it
• 1:07:49
  work? That's a great idea if she
• 1:07:51
  actually does something about it.
• 1:07:53
  It's a bad idea if she doesn't do something about it.
• 1:07:56
  She's demonstrated once again in this report that she doesn't
• 1:08:01
  want to do something. Well, as far as the comment on
• 1:08:04
  Neocamp, I, I certainly say and and I'm sure just about
• 1:08:09
  everybody in this room that deals with this is not the first
• 1:08:13
  time we've heard somebody say I'm not going to Neocamp.
• 1:08:15
  Neocamp does not have the best reputation in the jail well.
• 1:08:19
  Who? Who?
• 1:08:20
  Cares who gives a rat's ass what the what the reputation of
• 1:08:24
  neocamp is amongst the people that are in the jail because
• 1:08:28
  they can't control themselves? Who cares?
• 1:08:30
  I don't care. Oh, I'm not, and I'm not saying
• 1:08:33
  that justifies it. I'm just saying you get a lot of
• 1:08:35
  people say, oh, there's a lot of jail talk.
• 1:08:38
  Oh, that place is terrible. That place is bad.
• 1:08:39
  It's not going to help you and you can't help but listen to it
• 1:08:43
  because where you're going to go.
• 1:08:45
  You, you you don't That doesn't believe it.
• 1:08:48
  True. I I don't know why somebody in
• 1:08:50
  your position believes anybody who says anything.
• 1:08:54
  Over and I. Because, because how many, what
• 1:08:57
  percentage of these people are hooked on drugs?
• 1:09:00
  I don't know. Aren't the biggest liars in the
• 1:09:02
  world the the the the drug addicts?
• 1:09:06
  So why you believe in? Anybody.
• 1:09:09
  I agree, Your Honor. I, I and I counsel everyone of
• 1:09:13
  my clients to you can sit there and they can talk, but I
• 1:09:17
  wouldn't listen and I wouldn't give any credence to it because
• 1:09:19
  that's up there with I know a guy that killed somebody and
• 1:09:22
  only got 3 days in jail. I mean, the stories that are
• 1:09:25
  told over there are just that they're stories and opinions and
• 1:09:29
  often waste you. So I do advise all my clients
• 1:09:33
  not to listen to what's been going on because these are the
• 1:09:37
  people that are in there next to you.
• 1:09:39
  And just as you have made bad decisions to end up in jail,
• 1:09:43
  they have also made bad decisions, sometimes worse,
• 1:09:46
  sometimes not as bad. But all the same, they're in
• 1:09:48
  jail for a reason. And that's not somebody I'm
• 1:09:52
  taking advice from. So, your honor, even in light of
• 1:09:56
  all that, I, we would still ask for community control.
• 1:09:59
  I think it's not. It would not be a bad decision
• 1:10:03
  to put her on community control and and allow her to try to get
• 1:10:08
  the help because if it doesn't work, it will be her own fault
• 1:10:12
  and then the consequences still remain in place.
• 1:10:15
  It's and she has five years over her head with these three
• 1:10:19
  charges. But that that argument exists in
• 1:10:22
  every criminal case that exists. OK, but I'm looking at it does.
• 1:10:26
  I'm looking at 123456789101112 12 separate instances of
• 1:10:37
  treatment since 2017 through now it's.
• 1:10:41
  A significant number your honor can't argue against that and I'm
• 1:10:45
  not here to tell you this will be lucky number 13.
• 1:10:47
  You know this one will guarantee everything will be fine.
• 1:10:50
  She this one will click and all of a sudden the sun will shine
• 1:10:54
  and the birds will sing and and her life will be smoothed from
• 1:10:58
  here out. I can't guarantee you that.
• 1:11:01
  No one can. All I can say is for my talks
• 1:11:04
  with Miss Maxwell, that's where she wants to go.
• 1:11:07
  She's had enough of the clouds and the rain because it's
• 1:11:10
  landing her sale, which is not a place anyone likes to Miss
• 1:11:13
  Maxwell included. Certainly it is the hope of
• 1:11:17
  myself. I know her parents who are here,
• 1:11:20
  Miss Maxwell. And frankly, I believe is your
• 1:11:23
  hope, as well as the prosecutors in the probation office, that
• 1:11:27
  this is the turning point. And that's all we want for her.
• 1:11:30
  No one in this room wants her to fail.
• 1:11:33
  No one in this room wants her to not get better, not get a hold
• 1:11:36
  of this addiction. You know hope that I know hope,
• 1:11:39
  Hope. Hope is not a plan and hope is
• 1:11:41
  not a strategy. It is not, but hope is needed in
• 1:11:45
  order to help with the plan, with the strategy.
• 1:11:48
  We're not saying and I'm not asking actually.
• 1:11:51
  Execution of the plan is what's needed.
• 1:11:54
  Not not hope that she'll execute, but actually execution.
• 1:11:58
  Well, there, there are several facets to it, Your Honor.
• 1:12:01
  Then you're 100% correct that without the execution, you can
• 1:12:04
  have all the hope in the world and it won't matter if you don't
• 1:12:06
  do it just hoping. It's just that, hope and
• 1:12:11
  nothing. There are many parts to this and
• 1:12:13
  they are all up to Miss Maxwell. I can't make her better.
• 1:12:18
  You can't make her. And no one in this room or in
• 1:12:21
  this world can make her better except for Miss Maxwell.
• 1:12:23
  We can all help as much as we can.
• 1:12:25
  We can suggest, we can encourage, but ultimately it all
• 1:12:29
  comes down to her. If she gets the help, is earnest
• 1:12:32
  about it, does the work, it should work.
• 1:12:34
  But if she doesn't, obviously it's not going to, no matter how
• 1:12:37
  much we all want it. For her, it won't.
• 1:12:41
  And that's unfortunately that that's the case for everybody.
• 1:12:44
  Sometimes you can't force somebody to do the right thing.
• 1:12:47
  They have to want it bad enough for themselves.
• 1:12:49
  And I think she wants it. We're asking your honor, to
• 1:12:52
  grant her that opportunity to work, to put in the hard work
• 1:12:57
  because it's going to be hard work, get the job done to fix
• 1:13:00
  herself for the betterment of herself and for the rest of us,
• 1:13:05
  because is Maxwell keeping these problems, keeping the addiction
• 1:13:09
  doesn't help any of us that would directly affect our lives.
• 1:13:13
  Maybe, maybe not, probably not, but it's definitely going to
• 1:13:17
  affect her and her immediate surroundings.
• 1:13:19
  So it's in everyone's overall interest that she does get the
• 1:13:23
  help, that she utilizes the help, that she takes advantage
• 1:13:26
  of it, and when other people are trying to help her work with
• 1:13:30
  them, I feel she's ready for that.
• 1:13:33
  That's. That's all we're asking, your
• 1:13:35
  Honor, is a chance for her to improve herself.
• 1:13:38
  I I know her, her father would like to say something.
• 1:13:40
  I don't know if you want to hear from him before or after.
• 1:13:43
  It's up to you. So if you want to say something.
• 1:13:48
  Just state your name for me please.
• 1:13:51
  We've been through this long time, Taylor.
• 1:13:54
  Very sad to. There's a lot of circumstances.
• 1:13:57
  She's back where? She is right.
• 1:13:59
  Now I I want you to give her as. Much help as you can possibly.
• 1:14:03
  Give her she needs. To.
• 1:14:05
  Straighten. Her head out.
• 1:14:09
  Breaking me in. Her mother's heart.
• 1:14:17
  All right. Thank you.
• 1:14:19
  Miss Maxwell. What do you want to tell me?
• 1:14:22
  I I just want to thank you because you've saved my life a
• 1:14:26
  few times already. Left is I need help.
• 1:14:30
  I mean I have a baby. I have a 2 year old baby that
• 1:14:33
  needs me and I haven't been able to be there for him.
• 1:14:36
  And I want to keep what are you, what are you going to do for the
• 1:14:40
  2 year old when you can't take care of yourself?
• 1:14:43
  And you have to I have to change myself first, right?
• 1:14:47
  And get help but. You can't even think about
• 1:14:50
  helping the 2 year old. I know.
• 1:14:52
  Why did you say this is all bullshit?
• 1:14:54
  It should have stayed in Muni. Because I was not thinking
• 1:14:57
  straight, I was freaking out, 'cause I was, you know, just
• 1:15:01
  detoxing and I was in jail. And like I said at the beginning
• 1:15:06
  of the of like you revoking my bond, I was mad because.
• 1:15:10
  Why were you mad? Because I thought I could do it
• 1:15:12
  on my own and I was not thinking clearly.
• 1:15:14
  Why was your bond revoked? Because I was.
• 1:15:18
  I failed the drug test. Right.
• 1:15:20
  Yeah. So why would you think you could
• 1:15:21
  do it on your own? Because I was.
• 1:15:23
  In a psychosis I wasn't thinking straight and I but like I said,
• 1:15:27
  I thank you. For that now.
• 1:15:28
  Because the since then, the I, I feel like a whole different
• 1:15:32
  person. I mean, I can't even believe the
• 1:15:33
  things I was doing. The the the worst possible tact
• 1:15:40
  you can take right now is to try to bullshit your way through
• 1:15:43
  this. OK.
• 1:15:44
  Because what I'm about to discuss with you is all the
• 1:15:47
  nonsense you've been engaging in over here from the time you got
• 1:15:52
  arrested in October and then when you went back in in April,
• 1:15:57
  you've been playing games with your medication.
• 1:15:59
  What medication were you prescribed over?
• 1:16:02
  I was prescribed the compromise that they gave me.
• 1:16:05
  What? I, I don't, I really don't even
• 1:16:08
  know. Some of them.
• 1:16:10
  Why were you prescribed medication over there?
• 1:16:13
  Because I was coming off of drugs and that's what they gave
• 1:16:16
  me. But I.
• 1:16:17
  So you don't know what they gave you.
• 1:16:19
  They gave me something for sleep, something for anxiety,
• 1:16:22
  something for my stomach. Then why were you?
• 1:16:24
  Why were you passing it on to other?
• 1:16:25
  People, I was found not guilty for that.
• 1:16:28
  OK. And then ask you if you were
• 1:16:30
  found guilty or not guilty, why were you passing it on to other?
• 1:16:33
  People you weren't. What did I tell you before?
• 1:16:37
  This is a bad time to try to bullshit me, but you can do it
• 1:16:41
  if you want. It's up to you, because you've
• 1:16:43
  demonstrated that you do whatever you want, whenever you
• 1:16:47
  want to do it. I I was, I gave somebody a
• 1:16:50
  Tylenol. Why?
• 1:16:52
  Because their truth was hurting and I felt bad for the girl.
• 1:16:55
  You don't get along with anybody over here.
• 1:16:57
  I try to get along with everybody.
• 1:16:59
  Because they're all ratting you out for doing it for the same
• 1:17:02
  thing. I know.
• 1:17:03
  Is it all just a coincidence or a conspiracy?
• 1:17:05
  What is it? No, no.
• 1:17:08
  So it's true. That I was passing my my meds
• 1:17:11
  out. I passed out of Tylenol.
• 1:17:13
  That's it. Yes.
• 1:17:14
  OK, who's giving you the sound advice that Neo caps a a
• 1:17:18
  horrible thing? I didn't and you don't want to
• 1:17:21
  go. No, I've been to Neo Cap and I
• 1:17:23
  thought it was a great program but they didn't give me my
• 1:17:25
  Suboxone. They didn't give you your drugs.
• 1:17:30
  I don't want to be back on Suboxone.
• 1:17:32
  I want to be back on or try the Vivitrol or the Sublocade shot.
• 1:17:36
  Well, how does the How would the sublocade shot help you when it
• 1:17:41
  comes to methamphetamine? Because originally the my driver
• 1:17:45
  choice was heroin. OK, so you moved on.
• 1:17:50
  So you, you've been in the past, you've been on methadone and
• 1:17:53
  Suboxone, right? And and, and and so so you
• 1:17:57
  stopped, did you stop using the heroin, Huh.
• 1:18:01
  Yeah. I did OK.
• 1:18:02
  I was sober for four years. And you started using the meth?
• 1:18:05
  Two years ago and I haven't been able to get myself off of it.
• 1:18:09
  OK, so when were when do you claim to me that you were sober?
• 1:18:15
  When I left Neil Kennedy till when I had my son.
• 1:18:20
  Then why did he have marijuana in his system when he was born?
• 1:18:24
  Because I took an edible when I was going because I was in labor
• 1:18:27
  for three days, OK. So you when was he born?
• 1:18:32
  What's his birth date? April 7th, the day I got here.
• 1:18:36
  April 7th of 24, right? Yeah.
• 1:18:40
  So from April of 2020 through April of 24, you were sober.
• 1:18:45
  Yeah, you can ask my parents. I was.
• 1:18:47
  I got a headache. Randy, is that true to your
• 1:18:49
  knowledge? April of of 20 till April of 24.
• 1:18:56
  Yeah. Oh.
• 1:18:58
  Yeah. Yeah, she was sober.
• 1:19:00
  For a long time she worked for. Several days and then.
• 1:19:02
  There's a there's a story. Behind this it.
• 1:19:05
  Will take me days to tell. You all right?
• 1:19:07
  So very. Abusive relationship.
• 1:19:10
  There's a very. All right, so we witnessed.
• 1:19:17
  It oh she. She was doing great until.
• 1:19:20
  All right. So you were on probation with me
• 1:19:24
  May 30th of 19 or actually intervention intervention was
• 1:19:32
  revoked December of 20 because you tested positive for opiate
• 1:19:37
  methamphetamine and cocaine November 13th OK, so this April
• 1:19:42
  20 to April 24 doesn't match up to your four years.
• 1:19:45
  OK, so your intervention was revoked.
• 1:19:49
  You were convicted December of 20 and then I let you off of
• 1:19:56
  probation July of 22. And so I I presume that I I let
• 1:20:01
  you off because. You met the conditions and you
• 1:20:06
  and you were testing negative when you went to probation, OK,
• 1:20:10
  so, so I, I'll, I'll go along with you that from December of
• 1:20:15
  20 through July of 22, so a period of about 19 months, you
• 1:20:20
  weren't using, OK. And then in July of 25, you must
• 1:20:27
  have been using again because you got a theft out of Medina.
• 1:20:31
  Yeah, like I said, 2024 is right after my son.
• 1:20:36
  I just went off the deep end because it's just a lot of
• 1:20:38
  stuff. It's not anybody's fault besides
• 1:20:41
  myself. I understand.
• 1:20:42
  Right about that now, so tell me why after let's go to April 7th
• 1:20:50
  of 24. Why, if you had not been using
• 1:20:53
  since December of 20, did you all of a sudden decide in April
• 1:20:59
  of 24 that the gummy was a good idea, knowing what it was,
• 1:21:03
  right? Yeah, because why?
• 1:21:05
  Why would you go back to what you had been doing the previous
• 1:21:09
  several years? I didn't, I mean, because we it
• 1:21:13
  was weed and I was in labor for three days and I was like
• 1:21:16
  trying. What do you mean it was weed?
• 1:21:18
  What does that mean? The gummy was weed, right?
• 1:21:20
  It was from a dispensary so I knew it was city.
• 1:21:24
  You know it was safe. You're a drug addict.
• 1:21:26
  You knew the drug is marijuana, a drug.
• 1:21:31
  OK, So what made you who would who would maintain at least some
• 1:21:37
  period of sobriety, probably longer than any time in your
• 1:21:40
  adulthood? What what made you think that
• 1:21:43
  taking a an addictive drug when you're a drug addict would be a
• 1:21:47
  good idea it. Wasn't a good idea and.
• 1:21:50
  What made you think it wasn't? Because presumably we're
• 1:21:53
  thinking with a clear head by then.
• 1:21:54
  I was. In labor for three days.
• 1:21:56
  Like I said, I was just trying to, I, I didn't know what to do.
• 1:21:59
  I was miserable. Like I, it was bad.
• 1:22:02
  So I just, I don't know, I think my baby dad just gave it to me
• 1:22:06
  or offered it to me and I was like, whatever that that was,
• 1:22:09
  that was that. But it was not a good idea at
• 1:22:11
  all because that's how all this got started.
• 1:22:14
  And then that's when I really went off the deep end.
• 1:22:20
  So which of these mental giants over here convince you that Neo
• 1:22:25
  Cap was a was a bad idea or was worthless or whatever they do?
• 1:22:29
  I don't think it's worthless, I think it.
• 1:22:31
  It's a great program. So why were you talking against
• 1:22:34
  it then? Because like I said, I I wanted
• 1:22:38
  to be back on my like Suboxone at the point and I wasn't
• 1:22:42
  thinking straight. What good does suboxone do if
• 1:22:45
  you're sucking down meth? It doesn't do any good together,
• 1:22:49
  not at all. So.
• 1:22:50
  Is suboxone some sort of magic potion then?
• 1:22:53
  That's going to keep you clean of everything.
• 1:22:55
  I mean, it kept me clean for, like you said, December to 2020
• 1:23:01
  to. So why did you start taking
• 1:23:04
  meth? Did I?
• 1:23:06
  Because I was, I got my baby ripped basically from my, his
• 1:23:11
  bed. My, my baby dad was beating the
• 1:23:14
  shit out of me. I mean, I could go on, but it's
• 1:23:17
  not anyone's fault. Once again, I I understand that,
• 1:23:19
  but at the end of the day I just I was going through it.
• 1:23:25
  So let's get back to the neocamp thing.
• 1:23:27
  OK? Tell me the the source of your
• 1:23:29
  resistance to neocamp as you profess this in your pre
• 1:23:33
  sentence report. I like I said, I wasn't thinking
• 1:23:36
  clearly. I probably should not have said
• 1:23:39
  that. I definitely shouldn't have said
• 1:23:40
  that. Well, it was a stupid idea to
• 1:23:43
  say it, Yeah, but what if? If you thought Neocamp was
• 1:23:47
  helpful in the past, why would you say that this time?
• 1:23:50
  Because of who? Over here.
• 1:23:53
  Everybody. Everybody.
• 1:23:54
  Nicole Henderson tell you that. Yeah, Crystal Smith, Crystal.
• 1:23:59
  Smith I don't know who that is. Diane Hemphill I.
• 1:24:04
  Don't know who any of us before. Martha Kibera, Sabrina
• 1:24:09
  McFarland. I'm trying to figure out who the
• 1:24:11
  the Council of Geniuses is over there that we should rely on or
• 1:24:15
  you should rely on to take advice from for future
• 1:24:18
  reference. So I know coming in if they're
• 1:24:20
  getting good advice or bad advice.
• 1:24:22
  Is it? Is it your goal to get out of
• 1:24:25
  here today with the least amount of time and restrictions as
• 1:24:29
  possible? No, Your Honor, I need help.
• 1:24:32
  I'm a drug addict. I need help.
• 1:24:33
  Everybody seems to realize that except you.
• 1:24:36
  For the last nine years, everybody seems to realize that
• 1:24:39
  except you. And one of the first things you
• 1:24:42
  said is that you want to go take care of your two year old and,
• 1:24:48
  and where, where is your two year old?
• 1:24:51
  With my parents, sometimes he's with his dad and he's with the
• 1:24:55
  foster parents right now. OK.
• 1:24:58
  Isn't a logical conclusion in this case that the quicker and
• 1:25:04
  more thoroughly you get your act together, the better off you
• 1:25:09
  will be, Your two year old will be, your parents will be.
• 1:25:14
  Isn't that logical? Yeah, OK, but you've abandoned
• 1:25:17
  logic for most of your adult life, right?
• 1:25:21
  And who? Who is Daniel first Fursik to
• 1:25:26
  you? Nobody.
• 1:25:27
  Really. I mean, well, you were with him
• 1:25:30
  when this happened. Who, who was he to you?
• 1:25:32
  He well. He was a somebody that I was
• 1:25:35
  running with, really, that's all.
• 1:25:37
  How long are you? How long did you know Fursik
• 1:25:39
  before this? Probably like 5 years maybe.
• 1:25:43
  How did you know Fursik? From jail.
• 1:25:46
  In jail. Where's furcic now for roughly
• 1:25:50
  the same charges as you, right, Right.
• 1:25:55
  So what's your plan? What what plan do you.
• 1:25:58
  Because you because you've been over there for what, about six
• 1:26:02
  weeks now? Five weeks.
• 1:26:05
  OK, you must have developed a plan other than bitching about
• 1:26:08
  neocamp and what bullshit this is.
• 1:26:12
  You must have since developed a plan as to how you can get your
• 1:26:17
  act together and stop running in and out of court.
• 1:26:20
  What is it? I have an appointment at
• 1:26:24
  Signature Hall tomorrow to get my supplicate shot.
• 1:26:28
  I will do whatever they recommend me to do or whatever
• 1:26:31
  you recommend me to do. Well, I'm not, I'm.
• 1:26:33
  I mean, you're experienced in this stuff.
• 1:26:36
  You've been through 12 different treatment places.
• 1:26:39
  Yeah. So you're, you're well
• 1:26:40
  experienced in this. Yes.
• 1:26:42
  So presumably you know what works and what doesn't work.
• 1:26:45
  Yeah. So regardless of what see,
• 1:26:48
  because my recommendations don't mean anything neither neither
• 1:26:51
  does signature help. OK, they can recommend
• 1:26:54
  everything. Yeah.
• 1:26:55
  And you could do nothing. OK, so what's your plan?
• 1:26:59
  What? What is your plan for success?
• 1:27:03
  And I had, I had a sponsor I want to like get back in.
• 1:27:09
  I, I never really like got it. So a problem that I had when I
• 1:27:13
  was sober for those few years, I didn't really work.
• 1:27:16
  The stuff that it wasn't get, didn't get into AAI, didn't get
• 1:27:19
  any. I didn't like network myself
• 1:27:21
  basically, I guess you could say, but I want to get into that
• 1:27:25
  because I had no sober support. I just tried to forget all this
• 1:27:28
  stuff. I tried to stuff it all in the
• 1:27:29
  past. And I think, I think that's why
• 1:27:32
  I relapsed really, because I wasn't working on like getting
• 1:27:34
  better. I was just trying to stuff
• 1:27:36
  everything in the past and thinking that just everything
• 1:27:39
  was going to go away. So I want to be open and honest
• 1:27:42
  with as many people as I can be so I can get as much help as I
• 1:27:46
  can. So it's kind of a, an, an
• 1:27:49
  immature thought, right? OK, you just well, OK or not OK
• 1:27:53
  you you wanted to tuck it in the past and forget about it.
• 1:27:56
  Yeah, it was. Very that isn't attached to
• 1:27:58
  reality. No, it's not.
• 1:28:00
  But this relapse, I mean, I think at the end of the day, I'm
• 1:28:03
  going to grow from all of this, so.
• 1:28:06
  Did he really just stop that right in the middle?
• 1:28:10
  Well, hold on here a minute. Hang tight while I check to see
• 1:28:14
  if he restarted it or not. Judge O'donnell's been doing
• 1:28:17
  something different lately. He used to like, run his streams
• 1:28:21
  like 9 hours, but now he, like, relaunches every time.
• 1:28:28
  Is that the same? Yeah.
• 1:28:29
  OK, hold on. This might.
• 1:28:31
  Yeah. Looks like there's a
• 1:28:32
  continuation to this. Sorry.
• 1:28:33
  We're doing this on the fly, by the way, because I forgot
• 1:28:37
  earlier because we got caught up in that Sosby case.
• 1:28:40
  Tim gifted 5 memberships and Tim I failed to to acknowledge that
• 1:28:45
  so my apologies and thank you for gifting those memberships.
• 1:28:49
  The matter set for this case there might be.
• 1:28:52
  No, that's not what I wanted. Hold on, this is sloppy live
• 1:28:55
  show stuff. I know but I wasn't expecting
• 1:28:58
  him to cut the feed but it looks like he restarted it so hang
• 1:29:01
  tight while I get it fixed while working around Ellie.
• 1:29:06
  It was just, I should have just put out and we could have been,
• 1:29:10
  you know, moved on at this point and I'm sorry for that.
• 1:29:13
  Well, I mean, you don't have to apologize for going to trial.
• 1:29:16
  It doesn't matter to me if you go to trial, you're you're
• 1:29:18
  entitled to a trial. So that's got that doesn't enter
• 1:29:20
  into it. Whatever I do to you as a result
• 1:29:24
  of this sentence would make no difference if you went to trial
• 1:29:28
  or pled guilty. I don't care.
• 1:29:29
  OK, I didn't know that. Did somebody tell you over at
• 1:29:33
  the jail you were going to be punished more harshly because
• 1:29:36
  you went to trial? OK, The council of geniuses once
• 1:29:39
  again. OK, Maybe you should listen more
• 1:29:44
  to your parents than than the the Star Wars council over here.
• 1:29:49
  OK. All right.
• 1:29:50
  Have a seat, Miss Bell. Thank your honor the state had
• 1:29:54
  the opportunity to review the pre sentence report in this case
• 1:29:56
  and the state is certainly disturbed by multiple things.
• 1:30:00
  First and foremost, the defendant's attitude.
• 1:30:02
  This is bullshit should have gotten taken care of in
• 1:30:05
  Municipal Court. That doesn't really indicate A
• 1:30:09
  willingness to move past this and get better for dwelling that
• 1:30:13
  this is all bullshit. The state's also concerned that
• 1:30:16
  she has multiple probation violations in her past.
• 1:30:19
  She doesn't have a super extensive criminal history.
• 1:30:21
  However, multiple probation violations.
• 1:30:26
  She's been to treatment 12 times.
• 1:30:28
  She had the opportunity to be in treatment 12 times and here we
• 1:30:30
  are yet again. She also has those issues in the
• 1:30:32
  jail that are extremely disturbing to the state.
• 1:30:34
  If you in jail, that's the time for you to follow the rules and
• 1:30:39
  show that you can be a member of the society.
• 1:30:41
  And she couldn't even follow the rules while in jail.
• 1:30:44
  So based on all, she also violated her bond by testing
• 1:30:46
  positive. So based on all that, the state
• 1:30:48
  does not feel that she's a viable option for community
• 1:30:51
  control and that prison is the only choice here.
• 1:30:53
  Thank you. What, what warrants does she
• 1:31:54
  have out? Jamie will.
• 1:31:58
  Be the only. One would.
• 1:32:00
  Be. Possibly in the diamond she.
• 1:32:03
  Was supposed to have a. How much it's on the 18th was.
• 1:32:08
  My birthday. I don't have a warrant.
• 1:32:13
  What's that for? The same petty theft that I got
• 1:32:16
  in that last year. You have a valid driver's
• 1:32:25
  license. Yes, your Honor.
• 1:32:26
  Well, that puts you miles ahead of your friends over here.
• 1:32:30
  Tell you that. All right, I've looked at the
• 1:33:03
  presence report, the drug and alcohol evaluation.
• 1:33:07
  Listen to you, listen to your father, listen to counsel, and I
• 1:33:13
  have considered all the provisions in 29291112 and 13.
• 1:33:19
  So I'm going to place you on community control.
• 1:33:22
  For five years. You're going to serve 91 days in
• 1:33:34
  jail with credit for 51. The last 30 days you're going to
• 1:33:39
  be in the jail treatment program.
• 1:33:40
  You're going to complete that and follow all the
• 1:33:42
  recommendations. After that, you're going to go
• 1:33:47
  to Neo Cap. You're going to complete that
• 1:33:48
  program and follow those recommendations.
• 1:33:53
  You leave there, you're going to enter into either Oak House or
• 1:33:56
  Nevaeh Ridge, complete the program and follow the
• 1:33:59
  recommendations. You're going to have no drugs or
• 1:34:05
  alcohol and you'll be screened. You to utilize only one doctor
• 1:34:23
  and one dentist and one pharmacy for any prescription medication.
• 1:34:29
  You're to take your medication as it's prescribed and sign
• 1:34:34
  releases so probation can get your records going to clear up
• 1:34:43
  the existing warrant in Medina. You're going to obtain and
• 1:34:56
  maintain full time employment. Where's the last place you
• 1:35:00
  worked? Daniel Schwartz, the oral
• 1:35:07
  surgeon. You have no contact with Daniel
• 1:35:13
  Fursik and you're going to pay the cost and supervision fees.
• 1:35:21
  Any other terms, Miss Crook? If you wanted to do the silver.
• 1:35:27
  Living or a mental health assessment?
• 1:35:42
  Gonna get a mental health evaluation following any
• 1:35:49
  recommendations. Where, where were you living
• 1:36:00
  before you got arrested here and.
• 1:36:01
  My parents. Do you understand all the terms?
• 1:36:08
  How? Long am I going to do in jail?
• 1:36:12
  I mean, how much longer? Yeah, 40 days. 40 more days.
• 1:36:16
  OK. And then Neo Cap and then I'm
• 1:36:18
  sorry, what was the last name? Oak House or Nevaeh Ridge.
• 1:36:21
  OK. And then how much are the court
• 1:36:24
  court fines? Fines or no fines?
• 1:36:28
  I thought. You said costs.
• 1:36:31
  And fees for being supervised on probation.
• 1:36:33
  OK. Any other questions?
• 1:36:37
  No, I don't think so all. Right.
• 1:36:40
  If you do not comply with the terms by this point, you know
• 1:36:44
  the drill. State files a motion to
• 1:36:46
  terminate your community control.
• 1:36:47
  If I find you violated and you face potentially 60, is it 72,
• 1:36:56
  36? 60 Your Honor.
• 1:37:04
  So 2 fives, yes. OK.
• 1:37:07
  Potentially 60 months in prison. You understand that?
• 1:37:09
  Yep. Now you have the right to appeal
• 1:37:18
  your conviction and your sentence to the 11th District
• 1:37:21
  Court of Appeals. Yeah, if you, you have the the,
• 1:37:26
  the right to have a lawyer appointed to represent you.
• 1:37:28
  If you can't afford 11 will be appointed at at the state's
• 1:37:34
  expense. You have a you are entitled to
• 1:37:36
  have a transcript of all the hearings.
• 1:37:39
  If you can't afford those, they'll be given to you free of
• 1:37:42
  charge. And you have the right to have a
• 1:37:45
  timely notice of appeal filed on your behalf.
• 1:37:49
  OK, anything else from the statement?
• 1:37:54
  Just a forfeiture, Your Honor. And the item subject to
• 1:37:56
  forfeiture or forfeit. Mr. Lamac.
• 1:37:58
  Anything further? Anything else?
• 1:38:01
  All right, now you can do with this what you want.
• 1:38:06
  Completely up to you. Obviously, I don't have any
• 1:38:10
  influence on you. Your parents have had little
• 1:38:13
  influence on you. So you figure it out.
• 1:38:16
  I'll. Figure it out.
• 1:38:23
  It's TCF live on a Thursday, 2 hours in the books already, and
• 1:38:28
  we've seen a whopping 2 hearings.
• 1:38:30
  This is a really weird morning. Doesn't normally roll like that,
• 1:38:34
  but thank you all for being here.
• 1:38:36
  Barbara, thank you for the $5. Dan, we've got your back.
• 1:38:39
  We're one big family here. Thank you.
• 1:38:41
  So yeah, just to explain, in the middle of that hearing he cut
• 1:38:44
  the feed but then relaunched it. As I was able to see about a
• 1:38:49
  week ago, he started putting out his court differently.
• 1:38:52
  It used to be he'd turn on the camera at the beginning of the
• 1:38:55
  day and it would just run for like 8 or 9 hours while he was
• 1:38:58
  in chambers, and then he'd just come out and handle stuff as
• 1:39:02
  he's as it came. But now he launches a new
• 1:39:06
  stream, a new stream every time there's a hearing.
• 1:39:09
  Makes it easier for us to find out when stuff is going on.
• 1:39:12
  But then we can have little glitches like that where if he
• 1:39:15
  hits the wrong button and stops and it makes a mess, But but
• 1:39:18
  luckily he apparently realized it and turned it right back on,
• 1:39:21
  so we're able to continue. So any who with an hour left, we
• 1:39:25
  should probably try to do more than just one more hearing.
• 1:39:29
  So with that goal in mind, let's go to Michigan and Judge
• 1:39:32
  Simpson, where I want you to pay attention to the gentleman named
• 1:39:36
  Daniel, who appears to be zooming in from a tent this
• 1:39:40
  morning, which I don't think I've ever seen before.
• 1:39:43
  You're on a. RETU do not believe there is a
• 1:39:45
  conflict, but would waive any conflict if there is long.
• 1:39:47
  The court, for its part, also just believe there's a conflict
• 1:39:50
  either under the Michigan court. Those are the cases decided
• 1:39:52
  they're under to the extent of conflict does exist.
• 1:39:55
  Given the waivers, the court will consent to hear the matter.
• 1:39:58
  Court does call the case of the people of State of Michigan
• 1:40:00
  versus Constella Cot. Stellion.
• 1:40:04
  Cotton. What it just torture feast or
• 1:40:06
  Assistant Public Defender behalf of Mr. Cotton?
• 1:40:09
  Mr. Cotton, please state your name for the record.
• 1:40:12
  No stellion cotton. All right.
• 1:40:13
  I had before me a plea form that indicates that he's going to be
• 1:40:17
  pleading guilty to the charge of use of a controlled substance,
• 1:40:21
  that being cocaine to one year offense.
• 1:40:23
  Upon his successful plea to that charge, Count 1 would be
• 1:40:26
  dismissed. That's the court's full
• 1:40:28
  understanding of the agreement. Yes, Honor, that is correct,
• 1:40:30
  Judge. Scott, can you raise your right
• 1:40:33
  hand, Sir? Do you solemnly swear or for a
• 1:40:36
  testimony you're about to give will be the truth, the whole
• 1:40:38
  truth, and nothing but the truth to help you guys?
• 1:40:41
  Yes, Honor. All right, state your name
• 1:40:43
  again, please, Sir. All.
• 1:40:46
  Right, Sir, it is this court's understanding that you're going
• 1:40:49
  to be pleading guilty to the charge of use of a controlled
• 1:40:52
  substance or use of cocaine. That's a misdemeanor punishable
• 1:40:55
  by up to one year incarceration of $2000 fine plus court cost.
• 1:40:58
  Do you understand that? Yes.
• 1:41:01
  Sir, All right. And, and I also do have to
• 1:41:04
  advise you that while I'm taking your plea, I would not be your
• 1:41:08
  sentencing judge and you would be sentenced before Judge
• 1:41:10
  Washington in the 14 B District Court.
• 1:41:12
  You understand that, Sir? Yes, Sir.
• 1:41:14
  Still wish to plead guilty? Yes, Sir.
• 1:41:17
  And through that charge, how do you plead guilty?
• 1:41:21
  Now you understand that by pleading guilty, you'll not have
• 1:41:23
  trial of any kind. Yes, Sir.
• 1:41:25
  You had someone sign Advice of Rights form on your behalf.
• 1:41:30
  Yes, Sir, do. You have any questions regarding
• 1:41:33
  any of those rights? No, Sir, you understand that
• 1:41:36
  you're waiving all of those rights.
• 1:41:38
  Yes, Sir. Understand you're giving up your
• 1:41:40
  right to appeal of rest. Yes, Sir.
• 1:41:43
  Are you on? Probation or parole?
• 1:41:46
  You're not correct. I'm already I'm doing time and
• 1:41:49
  where ain't coming. Gotcha.
• 1:41:51
  Has anybody promised you anything other than what's been
• 1:41:53
  stated here today to get you to anybody threaten your question?
• 1:41:59
  No surgery assumes. All right, you're doing this
• 1:42:03
  voluntarily and of your own free will.
• 1:42:05
  Yes, Sir. All right.
• 1:42:07
  And then also because you believe that you're guilty.
• 1:42:10
  Yes, Sir. All right.
• 1:42:12
  I'm dealing with those quick. You know I'm not going to play
• 1:42:15
  with you. That does.
• 1:42:18
  That doesn't work out for people when they do right?
• 1:42:20
  Yeah, I ain't going to. Never.
• 1:42:21
  Play with you, all right? Sir.
• 1:42:27
  On the date of August 25th, 2025 at the location of W Michigan
• 1:42:31
  Ave. near Ellsworth in Ypsilanti Township, Washtenaw County,
• 1:42:35
  State of Michigan. Did you have cocaine in your
• 1:42:37
  possession? Yes, Sir.
• 1:42:39
  Had you used it? Yes, Sir, did.
• 1:42:42
  You know what you were using was cocaine.
• 1:42:44
  Yes, Sir. All right, Sir, I do have to
• 1:42:47
  advise you that if you commit misconduct between the time of
• 1:42:52
  my acceptance of your plane, the time of sentencing misconduct is
• 1:42:55
  defined in a Michigan court rule that the court would no longer
• 1:42:58
  be bound by any sentence evaluation and you could not
• 1:43:00
  withdraw your plea. You understand that?
• 1:43:02
  Yes. Sir, all right Count, is Council
• 1:43:05
  aware of any other promises, threats or other inducements
• 1:43:07
  which have led to this? They are.
• 1:43:09
  So I'm on the record, Judge. All right.
• 1:43:10
  And have I complied with the court?
• 1:43:12
  You. Are satisfying you have your
• 1:43:13
  own. Court will accept the
• 1:43:15
  defendant's plea. Guilty to Count 2.
• 1:43:16
  Count 1 is dismissed. Pre sentence investigation and
• 1:43:19
  report is ordered at 14. B.
• 1:43:21
  Probation sentencing in this case will be 20. 5th That's
• 1:43:24
  totally yeah. June 25th, 2020, 6:10 AM before
• 1:43:28
  Judge Washington. Thank you.
• 1:43:30
  Thank you, Sir. Fine will continue.
• 1:43:33
  Right. Good luck to you, Mr. Cop.
• 1:43:34
  Yeah. Thank you, Sir, for calls.
• 1:43:36
  Case of the People versus Anthony Holston.
• 1:43:41
  That's a Miss Kerry. I can run.
• 1:43:43
  Oh boy. READY, Judge Porsche, Assistant
• 1:43:48
  Public Defendant, on behalf of the defendant.
• 1:43:50
  By Where's Princess? Oh, that's all right.
• 1:43:54
  Just checking, welcome. Thank you, Judge.
• 1:44:00
  It's to be here. Assistant Public Defender Tanasi
• 1:44:03
  Kerry action really on behalf of, I believe this is Andy
• 1:44:06
  Holston. Joe Holston, can you state your
• 1:44:08
  name? Anthony Holston.
• 1:44:11
  Judge, we're asking for an adjournment.
• 1:44:13
  We are. I think we've reached a
• 1:44:15
  resolution with the people. We just need to put the
• 1:44:17
  paperwork together and finalize it.
• 1:44:20
  Need the paperwork together then?
• 1:44:21
  Yes. We're on the 7th, 28th because
• 1:44:26
  we've got to do a video over it. So I'll adjourn it to May 28th,
• 1:44:30
  2026, 9:00 AM. And hopefully at that time Mr.
• 1:44:33
  Holst will be able to take care of your matter.
• 1:44:35
  OK, Sir. Thank you, Sir.
• 1:44:37
  Thank you. Bye and continue.
• 1:44:39
  Thank you. Yes, workouts case people versus
• 1:44:42
  Sarah McCormick. Right is over to the people
• 1:44:44
  here. Sorry, that's all.
• 1:44:49
  Just there's. No.
• 1:44:51
  So on a state is council state you're a parent prompted him or
• 1:44:59
  still have nothing. All right, Miss McCormick, we'll
• 1:45:02
  call your case back up. We're just trying to get your
• 1:45:04
  council to finally answer. All right.
• 1:45:06
  OK. Thank you, court.
• 1:45:10
  Court calls the case People versus Jasmine Morris.
• 1:45:15
  Good morning, Your honor. Assistant plug Fender Davi,
• 1:45:17
  Liebe form is Morris. Morris.
• 1:45:20
  Miss Morris is presently at the Walter Ruther Hospital.
• 1:45:23
  I did speak with him yesterday. She's present.
• 1:45:28
  OK. Miss Morris, can you state your
• 1:45:29
  name, please? OK, That's Miss Morris.
• 1:45:34
  Got it. OK.
• 1:45:37
  I have a report indicating that she's incompetence to stand
• 1:45:40
  trial, But restorable. Yes, Your Honor, and I did speak
• 1:45:44
  to the Walter Ruther Hospital yesterday who indicated that
• 1:45:46
  they are still in progress. And don't have it.
• 1:45:49
  All right, hold on. I'm doing.
• 1:45:51
  Better. OK.
• 1:45:54
  I'm sure you'll you'll get there all right.
• 1:45:58
  Is there any other additional evidence from either side?
• 1:46:00
  No, Your Honor would. Ask that the court accept that
• 1:46:02
  report be simulated between finding and ask the court
• 1:46:04
  finding of a confident but restorable at this time.
• 1:46:07
  No objection, you're on that without I.
• 1:46:09
  Just want to review that report. I would find that the defendant
• 1:46:12
  is at this time incompetent staying trial but the treatment
• 1:46:16
  is restorable. Court will sign an order to that
• 1:46:19
  effect that will set a a review date for 13.
• 1:46:24
  Set a review date August 13th, 2026 9:00 AM Bond continue.
• 1:46:30
  Thank you, honor. All right, thank you workout
• 1:46:33
  skate people versus Anthony Mullins morning Honorable court
• 1:46:38
  David Burgess on the F of Anthony Mullins, who's appearing
• 1:46:41
  via Zoom from the Michigan. Department of Directions.
• 1:46:44
  Mr. Mullins, can you state your name please?
• 1:46:46
  Anthony Mullins. Thank you.
• 1:46:48
  I have before me a plea form that indicates that he'll be
• 1:46:51
  pleading to an added count 2 of use of methamphetamine than one
• 1:46:54
  year offense upon a successful plea to that count 1 would be
• 1:46:58
  dismissed. The they're agreeing to
• 1:47:03
  immediate sentencing if. The court would do would do
• 1:47:06
  that. Your Honor, I think Mr. Mullins
• 1:47:08
  has is currently in MDOC and this is what's holding him up.
• 1:47:13
  That's, that's accurate, Your Honor.
• 1:47:15
  Mr. Mullins, we're FY, we're, we're running the plea to the
• 1:47:18
  youths today, Sir. Thank you.
• 1:47:20
  St. Judge Waiver Park, Your Honor,
• 1:47:23
  on the plea forms. That's formal sentence.
• 1:47:25
  Yeah, but that's I got it. All right.
• 1:47:28
  I think my client's ready to proceed here.
• 1:47:30
  All right. Mr. Mullins, can you raise your
• 1:47:32
  right hand, please? Sir, you solemnly swear or
• 1:47:34
  affirm Testimony you're about to give will be the truth, the
• 1:47:36
  whole truth, and nothing but the truth shall be got.
• 1:47:39
  Yes, Sir. State your name again, please.
• 1:47:42
  Anthony Mullins. All right, you can put your
• 1:47:45
  hand. Sir.
• 1:47:46
  It is this court's understanding that you're going to be pleading
• 1:47:48
  guilty to the charge of use of methamphetamine.
• 1:47:51
  That is a misdemeanor punishable by up to one year incarceration
• 1:47:54
  of $2000 fine plus court cost. Do you understand that?
• 1:47:57
  Yes, Sir. All right.
• 1:48:00
  Still wish to plead guilty? Yes, Sir.
• 1:48:03
  And to that charge, how do you plead guilty?
• 1:48:05
  Do you understand anybody pleading guilty, you'll not have
• 1:48:07
  a trial of any kind. Yes, Sir.
• 1:48:10
  You had someone have any question regarding any of those
• 1:48:12
  rights? No, Sir.
• 1:48:15
  You understand that you're waiving all of those rights?
• 1:48:18
  Yes, Sir. I understand.
• 1:48:20
  You're giving up your right to be a love, right?
• 1:48:22
  Yes, Sir. You want probation or parole?
• 1:48:26
  No, not the time. Has anybody promised you
• 1:48:28
  anything other than? What's been stated here?
• 1:48:30
  Today to get you to plea. No Sir.
• 1:48:33
  Anybody threaten you or coercion?
• 1:48:35
  No Sir. You're doing this voluntarily
• 1:48:38
  and of your own free will, correct?
• 1:48:40
  And also because you believe that you are indeed guilty.
• 1:48:43
  Absolutely. OK.
• 1:48:45
  November 25th, 2024 at the. Location of 17.
• 1:48:49
  O 1 E Michigan Ave. Ypsilanti Township, Washtenaw
• 1:48:52
  County, State of Michigan. Did you have methamphetamine in
• 1:48:55
  your possession? Yes, I did.
• 1:48:57
  Have you used it? Yes, Sir, I was it.
• 1:49:00
  In the act. OK, and you knew what you were
• 1:49:03
  using? Was methamphetamine, Yeah.
• 1:49:06
  For sure. Oh, thank you, Council.
• 1:49:09
  You're not aware of any other purposes, threats or other
• 1:49:11
  inducements which have led to this place?
• 1:49:14
  No, Your Honor. And have I complied with the
• 1:49:16
  court? You have.
• 1:49:18
  Your Honor. Or we'll accept the defendant's
• 1:49:19
  plea to Count 2. Count. 1 is.
• 1:49:21
  Dismissed. Anything you or your attorney
• 1:49:24
  want to say before I do impose that?
• 1:49:25
  So your honor, I would, I would just indicate that he's been in
• 1:49:29
  custody for. Over a year and and.
• 1:49:31
  Also, he's been trying to get his stuff back together.
• 1:49:34
  He's completed a rehab through the MDOC.
• 1:49:36
  As. Well, as attending regular AANA
• 1:49:39
  meetings, Your Honor. So fines and cost of the state
• 1:49:42
  minimums of $125. I'll order 360.
• 1:49:45
  Five days incarceration credit for 365 days, Sir.
• 1:49:51
  Thank you, Sir, Good luck. Thank you here on the McCormick
• 1:49:54
  case. So you just said, really, we
• 1:50:03
  have to like Zoom etiquette. None of us are here, Judge
• 1:50:05
  Brown. Where calls the case people
• 1:50:08
  versus Sarah. McCormick.
• 1:50:10
  Recall Good morning Governor Andrew Sido, P87447-ON behalf of
• 1:50:15
  the defendant Sarah McCormick is We have her own.
• 1:50:18
  I'm trying to force them OK here she.
• 1:50:23
  Is all right. Miss McCormick, can you state
• 1:50:24
  your name, please? No, I don't have one.
• 1:50:27
  She's. On muted I know she's unmuted
• 1:50:29
  back in. Sarah Lynn.
• 1:50:30
  McCormick. Thank you.
• 1:50:33
  All right, what are we? Doing on this case, Judge.
• 1:50:35
  This is the first pre trial hearing and we are still
• 1:50:39
  negotiating in good faith regarding a plea deal and also
• 1:50:42
  working on more discovery. So we would just ask for a short
• 1:50:45
  term adjournment without objection.
• 1:50:47
  Probable cause conference will be adjourned May 28th, 2026 9:00
• 1:50:51
  AM Thank you Thank you Mr. Clark Court calls case people to Sean
• 1:50:58
  Jones your honor, even cooked for.
• 1:51:01
  The people. Edward, refer to.
• 1:51:03
  Sean Jones. Approaching.
• 1:51:06
  Your name. Jones, thank you.
• 1:51:09
  You are. I'm asking for an adjournment.
• 1:51:11
  Today. I'm asking for an adjournment.
• 1:51:12
  28th work for you or? You need based on some of the
• 1:51:16
  mitigation. I'd ask for a little further.
• 1:51:19
  The the 20. Mitigation.
• 1:51:20
  And or we're working together on the mitigation on the.
• 1:51:22
  Mitigation. June.
• 1:51:24
  June 11th. Thank you, 1026. 9:00 AM Bond
• 1:51:27
  continues for cause case people versus Tanisha Moore.
• 1:51:31
  Your honor, raising food for the people, the Fendricks and Audit
• 1:51:34
  area can really, your Honor. Comes all for Miss Tanisha
• 1:51:36
  Moore. Who's this Hill Chase.
• 1:51:38
  Good afternoon. Good morning, Your honor.
• 1:51:40
  Marks on behalf of Mr. Moore and Firewood 920 standing in for
• 1:51:44
  attorney of record, Mr. William Amadeo, your name, Tanisha
• 1:51:48
  Moore. Thank you, Your Honor.
• 1:51:50
  In my case, we would be asking for one week of German.
• 1:51:54
  I believe there's a global offer in the works, your Honor, in
• 1:51:58
  this matter. And a global offer.
• 1:52:02
  Yeah, global offer. That is my.
• 1:52:04
  Understanding too here and I suppose with Mr. Cook.
• 1:52:07
  And. He's gonna forward me the offer
• 1:52:10
  that was extended to Mr. Amadeo and it does involve my case as
• 1:52:13
  well as some other missembler matter.
• 1:52:15
  So you'll have. Everything ready in a week?
• 1:52:18
  That's my. Understanding for Mr. Amadeo I
• 1:52:21
  know, but. Cook Do you believe that to be
• 1:52:23
  the case, Mr. Amadeo say anything to no has been
• 1:52:27
  extended. I believe that it's likely to be
• 1:52:29
  accepted, so we just need to have that final.
• 1:52:30
  Conversation. Draft up the police.
• 1:52:33
  Got it. Yes.
• 1:52:34
  OK. I'll adjourn for one week out.
• 1:52:36
  So I'll adjourn it. To.
• 1:52:38
  The 15th Oh, I'm sorry, believe that be 2020 first. 21st Thank
• 1:52:43
  you, Your Honor. 21st, 2026 Nine.
• 1:52:46
  Thank you. Fine.
• 1:52:47
  Continues, thank you for cults case people versus Quinton
• 1:52:51
  McKenna. Good morning, Your honor.
• 1:52:55
  Marcia Patron B. And you're at the Atria.
• 1:52:59
  Record. Mr. William Amadeo.
• 1:53:01
  Where is he? Hi, Pearson.
• 1:53:03
  What's that state? Your name?
• 1:53:05
  Quinton McKenna. She waving.
• 1:53:07
  Yes, your Honor. Sir, you're waving your right to
• 1:53:10
  a preliminary examination. That was a question.
• 1:53:13
  Mr. McKenna, I'm sorry you got out OK.
• 1:53:15
  Are you waiving your right to a preliminary?
• 1:53:17
  Examination. Yes, Sir.
• 1:53:19
  All right. Do you understand that a
• 1:53:21
  preliminary examination. Is a proceeding where the
• 1:53:23
  people. Would have to show by probable
• 1:53:25
  cause that the offense alleged was committed and that you
• 1:53:27
  committed it. Yes, Sir.
• 1:53:29
  You understand that by waiving that proceeding, you'll not have
• 1:53:31
  that hearing the Circuit Court for further resolution.
• 1:53:36
  Do you understand that, Mister McKenna?
• 1:53:38
  Yes, Sir. All right.
• 1:53:41
  People also waive their right. Preliminary.
• 1:53:43
  Examination. Have you been waived,
• 1:53:45
  Defendants? Bound over to Circuit Court on
• 1:53:46
  the single count. As to the arraignment, Your
• 1:53:48
  Honor, we waive the formal reading.
• 1:53:52
  Acknowledge receipt of the information and ask the court to
• 1:53:55
  allow my client to stand mute. Then in every way formal
• 1:53:58
  reading, standing mute. Coraline or not, guilty plea,
• 1:54:00
  pretrial will. Be set for July 8th at 1:30 with
• 1:54:03
  Judge Conlon. Conlon yes.
• 1:54:06
  July 8th, 2026, 1:30. Judge Conlon, thank you, Your
• 1:54:10
  Honor. Fine.
• 1:54:11
  Continue. Thank you.
• 1:54:14
  Yes, momentarily. Court calls, all right, friends.
• 1:54:17
  I will keep an eye. Out for tent guy and see if he
• 1:54:20
  gets. Called here at some point, but
• 1:54:22
  in the meantime, let's head down to Texas and check in with Judge
• 1:54:25
  Stevens. OK, this is cause #25 CR 430
• 1:54:30
  you're Mr. Burge. Yes, here, Miss Holmes, your
• 1:54:33
  attorney and the state attorney, I already.
• 1:54:35
  Have an order amending probation.
• 1:54:37
  Conditions ready to spell out. Let me look at this real quick.
• 1:54:42
  Can you summarize what would asking 2 issues we were
• 1:54:45
  requesting if Mr. Birch there's a no.
• 1:54:48
  Contact order right now in the probation terms.
• 1:54:51
  If he could. Have contact with the
• 1:54:53
  complainant Erica Burge because they do have children together
• 1:54:57
  and the children would like Mr. Birch to be in contact and
• 1:55:01
  participate. And so for that limited purpose,
• 1:55:04
  we were asking that the no contact be amended so that he
• 1:55:10
  could be involved with the children.
• 1:55:14
  But it's all in the details. What does that?
• 1:55:16
  Mean. So there was originally a
• 1:55:19
  protective order. That protective order has been
• 1:55:21
  terminated. OK, so the children have
• 1:55:23
  activities that their daughter. Actually has a.
• 1:55:25
  Graduation. Next week.
• 1:55:27
  In which they would like Mr. Burst to attend the original
• 1:55:30
  orders was not allowing him to do so, so we just.
• 1:55:33
  Wanted to make sure. We took care of that and family
• 1:55:36
  courts. That order has been terminated,
• 1:55:38
  but we wanted to make sure he's not in violation of probation
• 1:55:42
  conditions as well. So we were asking that that
• 1:55:44
  condition be amended to. Have some type of.
• 1:55:47
  Contact so that he's not in violation.
• 1:55:50
  It's obviously a graduation he'll be in.
• 1:55:53
  If granted, he would be in the presence of Miss Burge.
• 1:55:55
  The events the children may have.
• 1:56:00
  The judge. The word the wording is
• 1:56:02
  important here. The there is a current order in
• 1:56:07
  family court that grants restricted access to the
• 1:56:13
  children that is supervised by her parents.
• 1:56:17
  We certainly are in agreement to him having contact under those
• 1:56:21
  conditions. We are not in agreement to Co
• 1:56:25
  parenting because that would be. Against what?
• 1:56:27
  The. Family Court ordered if in his
• 1:56:31
  contact. That is supervised.
• 1:56:35
  We certainly don't have any objections to them having
• 1:56:39
  contact with the complainant at that time, but not at any other
• 1:56:44
  time. That's.
• 1:56:45
  What the parties, that's what I've talked to the complainant,
• 1:56:49
  that's what we can be in agreement to as far as multiple
• 1:56:52
  conditions. OK.
• 1:56:56
  So that he's not in violation of probation because it says no?
• 1:56:58
  Contact period, so and it. Is true Judge, there's a a young
• 1:57:02
  lady that's not his biological child that's graduating that she
• 1:57:06
  would like for him to attend a high school graduation.
• 1:57:10
  He's been the father figure for her for for years.
• 1:57:13
  So we want to, we want to facilitate that everybody is.
• 1:57:18
  Working. This bending over backwards.
• 1:57:21
  To deal with your. Mistakes.
• 1:57:23
  You understand? Yes, Sir.
• 1:57:26
  And I'm talking about your mistakes in plural form.
• 1:57:31
  This isn't. We're not here for the first.
• 1:57:34
  Family of songs. Or no, this is a subsequent and
• 1:57:40
  you just can't just get up. One morning.
• 1:57:44
  And it's all finished, done behind us and everything is fine
• 1:57:48
  because a third one is shame on me.
• 1:57:52
  Somebody would say who? What irresponsible judge was
• 1:57:56
  monitoring this and responsible for this?
• 1:58:03
  We all grew up households. We're in households.
• 1:58:08
  Almost all of us Never, and I'm a reasonable normal person.
• 1:58:13
  Never could I even fathom this happening when I was.
• 1:58:18
  Going. It just went that way.
• 1:58:22
  My parents respected each other which.
• 1:58:24
  Is what should've been and I would never think of 1.
• 1:58:29
  My family you're supposed to be third graders first.
• 1:58:34
  Others especially family or second you come in 3rd.
• 1:58:39
  Selflessness versus selflessness.
• 1:58:43
  Self. Centeredness versus.
• 1:58:46
  Selflessness. But shame on you for being in
• 1:58:50
  this A. Second time.
• 1:58:53
  I mean, I don't know what you failed to learn the first in the
• 1:58:55
  first event, but this is this is off the chart fact.
• 1:59:01
  I've done this for a long time and I've never had them.
• 1:59:04
  I guess where we had a had to deal with a second similar
• 1:59:08
  family assault event which makes me when.
• 1:59:13
  There's unusual, unique. Situations.
• 1:59:16
  It gets everybody's attention because there's not there's an
• 1:59:19
  abnormal see about all of this. I see a motion that was filed to
• 1:59:24
  amend the probation and is requesting there was a second
• 1:59:31
  request as well by all I have is a may.
• 1:59:33
  Fifth one, there's two parts to her.
• 1:59:36
  Request. That's fine.
• 1:59:38
  The other one is in. Reverse to the bid classes.
• 1:59:42
  That Mister Burgess. Ordered Oh, yeah, well, it's,
• 1:59:44
  it's all here in this motion, right?
• 1:59:46
  OK, Yeah. Children, well, would also like.
• 1:59:53
  Him to be involved in their lives.
• 1:59:58
  In a responsible way is. I'm sure what they infer.
• 2:00:01
  He's. Requesting.
• 2:00:02
  To be allowed to have contact in order to Co parent and attend
• 2:00:06
  and his work schedule doesn't give him the opportunity to
• 2:00:10
  attend. She's why doesn't work.
• 2:00:12
  He's requesting the court allow. Him to attend account.
• 2:00:14
  Virtually so that. He may complete this requirement
• 2:00:17
  for probation. How does this virtual work?
• 2:00:22
  Because we've already caught people virtually doing nothing
• 2:00:27
  when they get it, when it's their virtual.
• 2:00:30
  Yeah. They.
• 2:00:32
  They'll turn it on and then they're gone.
• 2:00:34
  Then they show back up after it's all over with and now that
• 2:00:39
  we've caught people just walking away and it's, it's a joke.
• 2:00:43
  Monitoring. This.
• 2:00:45
  For completion is the. Importance.
• 2:00:48
  Is important how do we how do we know he's sitting in front of
• 2:00:51
  the computer or I, I guess the PC and do we so that's why the
• 2:00:55
  state objects to that amendment yeah there's no.
• 2:00:59
  Unless there can be an. Independent witness.
• 2:01:03
  Watch him, I trust him. He's here for the second time
• 2:01:07
  for family assault. I don't trust.
• 2:01:10
  Him. Didn't learn it the first time
• 2:01:13
  he has since this motion was filed he.
• 2:01:17
  Since re enrolled in the program, we've got a letter that
• 2:01:21
  was attended to probation department.
• 2:01:24
  Yesterday. And it indicates that change,
• 2:01:26
  Mr. Champ carry a lot of weight with me.
• 2:01:30
  What do you say about all of this?
• 2:01:32
  I say if he attend the program weekly as scheduled he in.
• 2:01:36
  Person, yes, Sir. In person, he would gain the
• 2:01:39
  benefits of well, that's what I'm saying, But what do you
• 2:01:43
  mean? So he.
• 2:01:45
  Understands what we're talking about.
• 2:01:47
  We've had countless conversations about this.
• 2:01:49
  I think what? You're saying he will be
• 2:01:52
  rewarded? Yes, Sir, he will.
• 2:01:55
  I. Don't.
• 2:01:57
  You haven't. Earned my trust.
• 2:02:00
  So no on the virtual, yeah. And is it OK if I contact and we
• 2:02:04
  can see if there's possible other?
• 2:02:06
  Departments that Family Services may have to allow him because I
• 2:02:09
  don't want it to affect that. He gets hired and then we're
• 2:02:12
  here because they're saying he's.
• 2:02:13
  I'm sure. Yeah, I'll give you some time to
• 2:02:15
  do that. I think it's in his best
• 2:02:17
  interest. And the best interest of the
• 2:02:18
  family. I don't know where the family is
• 2:02:21
  headed as a family unit because I just didn't grow up this way
• 2:02:28
  and I don't act this way. Sue everyone.
• 2:02:30
  That sort of family is everything.
• 2:02:35
  The parties have been divorced judge since since my parents.
• 2:02:39
  Divorced and. But what I'm saying is, I know
• 2:02:44
  where you're coming from. But they.
• 2:02:45
  Still. Discuss with each other and had
• 2:02:49
  a there were there wasn't any violence of threatened violence
• 2:02:54
  and it was difficult for everything but we all you know
• 2:03:01
  it's 5I had four siblings and some of them took it better than
• 2:03:05
  others but it affects it adversely affects the unit.
• 2:03:08
  This is something special about a family unit.
• 2:03:11
  Agree just the way nature and our creator I think meant and
• 2:03:15
  sometimes things don't work out you.
• 2:03:18
  But that means everyone has to work harder to ensure that all
• 2:03:23
  people are respected and most importantly, the children.
• 2:03:26
  Not adversely effective any more than is normal under those
• 2:03:30
  circumstances. And that's been.
• 2:03:32
  Generally see often on obviously families unless they're in
• 2:03:37
  violent odds with each other that work together.
• 2:03:41
  In fact, they may be settling legal.
• 2:03:44
  That's what I hope something special about a family even when
• 2:03:48
  it's and marriage doesn't work. There's so this motion is asking
• 2:03:56
  for something that we're not going to on.
• 2:04:00
  I'm not going to allow the virtual classes he's got to work
• 2:04:04
  something else be allowed to contact in order to Co parent.
• 2:04:09
  OK, what about that? That was what I advise you,
• 2:04:13
  judge, is that we agree to contact.
• 2:04:17
  That is incidental with Miss Burge, as it's defined
• 2:04:22
  underneath the current family law court order that provides
• 2:04:27
  him restricted access to the. Children.
• 2:04:30
  Of supervisors both that's we need an order doing that stating
• 2:04:35
  that. Please could you prepare that or
• 2:04:39
  or somebody could just, I just want to approve there's y'all's
• 2:04:43
  motion in order to prepare orders.
• 2:04:45
  And do that regard. Granting subpart pay on 1339 and
• 2:04:51
  under the circumstances the party first day was requesting
• 2:04:54
  that I agree so they can get the family back in the right
• 2:04:58
  direction. There's and.
• 2:05:00
  Then. $500 something every six months.
• 2:05:04
  They have a. Review on how the plan.
• 2:05:06
  That's doing their distance, doing maybe 5, but.
• 2:05:10
  Sure. Well, I mean, and I don't want
• 2:05:12
  to hear, I don't want to slow. Anything about everything.
• 2:05:16
  Except. The utmost respect and honor and
• 2:05:22
  politeness to your ex-spouse, the mother of your children, who
• 2:05:27
  is the mother of your children, because you're always going to
• 2:05:30
  have to deal with those children together the rest of your lives.
• 2:05:35
  No matter what field direction you're heading.
• 2:05:37
  You still have a common battles and all them important 3 gifts
• 2:05:45
  from our creator. So I'm going to talk to the are
• 2:05:48
  you going to are you going to handle?
• 2:05:51
  Those. Gifts that your creator has
• 2:05:54
  given to you irresponsibly or responsible and and with
• 2:05:58
  understanding and care and to the mother of the children.
• 2:06:05
  I hope it's. In the right direction.
• 2:06:07
  Let's fix this and get an order. I'll sign it on under the terms
• 2:06:11
  that we've discussed and then. We'll review it in six.
• 2:06:15
  Months how? We're doing.
• 2:06:17
  On everything, best wishes to your golf, have a good day.
• 2:06:26
  All righty friends, let's move along.
• 2:06:31
  Let's. Go up to Huron County, Michigan.
• 2:06:33
  We will. Check in with Judge Prill H Miss
• 2:06:37
  Montgomery appears by the Zoom application she's currently
• 2:06:39
  lodged. In the Huron County Jail, she's
• 2:06:42
  here on a request and warrant for probation violation on
• 2:06:45
  behalf of Miss. Montgomery.
• 2:06:47
  Is Attorney Tammy W Salens, who is in the courtroom, and the
• 2:06:50
  People are represented by Prosecuting Attorney Timothy
• 2:06:53
  James. The defendant is before the
• 2:06:56
  court based upon a request reward.
• 2:06:58
  For. Probation violation dated May
• 2:07:00
  11th, 26. It contains 4 counts, 2 of which
• 2:07:04
  are alleged technical violations.
• 2:07:06
  And counts. Three and four are alleged
• 2:07:09
  non-technical violations. Miss Saylings, do you wish to
• 2:07:12
  have the requested one probation violation ready to the?
• 2:07:15
  Record. Do you waive the reading?
• 2:07:16
  We waive the reading right, all right, and you've gone over this
• 2:07:19
  information with your. Client I have your Honor.
• 2:07:22
  All right, and. You've advised her of her rights
• 2:07:24
  as well. I had.
• 2:07:25
  And she did sign. For advice of rights with the
• 2:07:28
  factor of probation. And that is noted the.
• 2:07:30
  Court. Received that document as to all
• 2:07:33
  council. In this matter, how is your
• 2:07:34
  client? She's asking me if your Honor
• 2:07:36
  now. Don't you?
• 2:07:37
  Plea will be entered on behalf of Miss Montgomery.
• 2:07:40
  And we will schedule. This for a probation violation
• 2:07:42
  hearing momentarily before we set the date.
• 2:07:48
  Original attorney here is the sieve.
• 2:07:50
  We'll notify. This.
• 2:07:52
  Sieve how quickly? Can we have it here?
• 2:07:59
  In a week, week to. 10 days and are you requesting?
• 2:08:03
  The bond, yeah, I'm already requesting the cash bond or
• 2:08:06
  very, very high. Bond due to the.
• 2:08:08
  Allegation of the behavior of the Montgomery, of what happened
• 2:08:12
  to the assisting. We're asking for a half
• 2:08:15
  $1,000,000 bond. I do have some photographs.
• 2:08:18
  I wish to show the court of the alleged victim.
• 2:08:21
  It's just happened this past week and that's why we're asking
• 2:08:23
  for such a high bond. Have you provided those to the
• 2:08:26
  sailors? Sailors.
• 2:08:27
  Seen them. I don't know if we've actually.
• 2:08:28
  Given her a copy of them, but. Just at least a letter to you I
• 2:08:31
  should. Say, I apologize, I did review
• 2:08:34
  the photo. I reviewed one photo prior to.
• 2:08:37
  This probation violation hearing from that sense any objection to
• 2:08:42
  the court reviewing any purposes of.
• 2:08:45
  The thought if I could take a moment to review if there's more
• 2:08:47
  than one photo. I have reviewed the.
• 2:08:51
  Photos, you're on your. Position on the court reviewing
• 2:08:53
  them. I have a question.
• 2:08:55
  Mr. Rakowski made a. Question and you could stay
• 2:08:57
  right there on this review. Very.
• 2:08:59
  Disabled your comment relative to bond.
• 2:09:02
  My client would like the court. To know that she has abstained
• 2:09:04
  from. Alcohol for approximately 2
• 2:09:06
  years. This is the first time that she
• 2:09:10
  has relapsed. She has indicated to me that she
• 2:09:12
  has six children, five of them are in foster care.
• 2:09:16
  She is working closely with the foster care worker for regarding
• 2:09:20
  visitation and treatment. She has agreed they had ATDM
• 2:09:25
  meeting. This.
• 2:09:26
  Week and she has agreed to recovery meetings every day.
• 2:09:32
  She would also like to go back to chance to change so that she
• 2:09:35
  can test either randomly, but she's also willing to test
• 2:09:39
  daily. She just started a job at Taco
• 2:09:42
  Bell, your honor. And she has been.
• 2:09:44
  There approximately 2 weeks. She's working 30 to 40 hours a
• 2:09:48
  week. She is asking the court to set
• 2:09:51
  bond in the amount of $5000.10 percent.
• 2:09:54
  Her children are her life. She is absolutely committed to
• 2:09:58
  working with the Department of Health and Human Services
• 2:10:02
  regarding visitation and and treatment and complying with any
• 2:10:07
  services that they are requesting.
• 2:10:11
  She also advised me that she belongs to the Lighthouse
• 2:10:14
  Assembly of God in Harbor Beach where she attends there, and so
• 2:10:20
  she would ask the court to set volume on $5000.10 percent.
• 2:10:23
  Very well, thank you. The courts had the opportunity
• 2:10:27
  to hear the respective. Arguments of counsel Hear the
• 2:10:29
  recommendation. For the probation department.
• 2:10:32
  Courts also had the. Opportunity to review the photos
• 2:10:35
  of an alleged incident which are there charges brought Mr.
• 2:10:40
  Murkowski in that matter. There will be, Your Honor, I'm
• 2:10:43
  looking for a warrant request. Once I get there, we will act
• 2:10:45
  upon it. All right.
• 2:10:47
  And is this an alleged domestic relationship or at least not,
• 2:10:52
  not that I'm aware of this one. OK.
• 2:10:54
  All right. Would the court?
• 2:10:55
  Like me to. Remind you of what had happened
• 2:10:57
  earlier this year or no, I, I recall that.
• 2:11:00
  I do recall that based upon all of that, it's going to be the
• 2:11:04
  position of court relative to bond in this matter.
• 2:11:07
  Bond is going to be set at 500. $1000.
• 2:11:09
  Cash surety conditions of bond include conditions A through E
• 2:11:14
  GPS. Tracker.
• 2:11:16
  Alcohol sensing track tracking device and must be pretrial
• 2:11:20
  services beforehand. Also no contact.
• 2:11:23
  Provision. Regarding Christina.
• 2:11:25
  Frisky. CHRISTINAERESKY, either directly
• 2:11:31
  or indirectly. And that will be the that'll be
• 2:11:33
  only off the record. Sorry, what was the back 500,000
• 2:11:39
  cash? Surety.
• 2:11:41
  Good luck with that one, All righty friends.
• 2:11:43
  TCF. Live.
• 2:11:45
  One or so minutes left to go. Let's go to Louisiana.
• 2:11:50
  We'll check in with the board, see what's going on.
• 2:11:53
  Middleton. Mr. Middleton, State your name
• 2:11:55
  and DLC number for the record. Jemiah Middleton 439330 OK.
• 2:12:03
  Mr. Middleton, I'm going to read some stuff into the record.
• 2:12:05
  Tell me if you think anything is not not right.
• 2:12:08
  OK? Looks like you have a parole
• 2:12:11
  date of 8/21. You have a good time date of
• 2:12:15
  3/23/2000 and 34 and a full term date of 9/15/2000 and 39.
• 2:12:24
  You are a first class offender. Does that sound correct?
• 2:12:28
  Yes Sir. OK, I see we have some new
• 2:12:31
  people in the room. Ward you want to introduce.
• 2:12:33
  Yourself, I'm Deputy Warden Benjamin.
• 2:12:36
  Master OK. And Sir, Chief Security Ward.
• 2:12:41
  You know, James, OK, thank you all for having us today.
• 2:12:45
  You know, I see you also have there Miss Natalie Wilson,
• 2:12:49
  subjects mother and Miss Sharon Kennedy, his sister.
• 2:12:53
  I will get to you all at the proper time to let you all speak
• 2:12:56
  on his behalf. All right, this case has been
• 2:12:59
  assigned to Mr. Barra, so I'm going to turn it over to him.
• 2:13:02
  All right, just to start out with the, Well, first question,
• 2:13:07
  What did you do to get yourself in trouble here and why do you
• 2:13:10
  think now's the time to be released on parole?
• 2:13:12
  Why should we do that? Well, Sir, to be honest with
• 2:13:15
  you, I have when I was. Younger, I done something
• 2:13:20
  terrible and I it it, it affected the lives of people and
• 2:13:27
  I feel really bad. About it.
• 2:13:30
  And it was a. It was a.
• 2:13:31
  Shooting I was involved in and I hurt people and I'm deeply sorry
• 2:13:37
  about it. And my heart goes out to my
• 2:13:39
  victims. One of them was confined to a
• 2:13:43
  wheelchair and I expressed the most sorrow for her.
• 2:13:48
  And she was a teenager. Also the mother who named me
• 2:13:53
  Bryan Goldsby, the daughter name was Athena Goldsby and it was a
• 2:13:58
  golden. Family.
• 2:14:00
  And I just want to apologize for that.
• 2:14:04
  And I'm deeply. Sorry, it happened years ago and
• 2:14:07
  I because of the, you know, I've been incarcerated for many
• 2:14:11
  years. Over the time period I've been,
• 2:14:15
  I've, I've been in trouble, I've been out of trouble, I've been
• 2:14:19
  in and out of trouble. But since I've made it to this
• 2:14:24
  institution that I've, I've grown and I've, I've got myself
• 2:14:28
  together and I've rehabilitated myself to one ready to go back
• 2:14:33
  into society. It's always going to be a
• 2:14:35
  constant fight. Everything that's happened in my
• 2:14:38
  life is going to always be a constant fight.
• 2:14:40
  But again, I want to reiterate on the fact that I want to show
• 2:14:45
  the, you know, utmost, you know, sorrow to my victims because I
• 2:14:51
  know I changed their lives that night, that night in question, I
• 2:14:55
  changed their lives forever. And there ain't nothing I can do
• 2:14:58
  to change that. And I live with that mistake and
• 2:15:01
  I'm going to live with that mistake the rest of my life.
• 2:15:04
  But I don't want to define me and I don't want to be the end
• 2:15:08
  of the chapter of my life. I want my life to be a success
• 2:15:11
  story. I want to help people.
• 2:15:14
  I want to preserve life. I don't want to take life.
• 2:15:17
  I've grown. I was I was young then, which is
• 2:15:20
  no excuse, but I was young then and I made a mistake.
• 2:15:25
  They caught me most of my life in prison.
• 2:15:27
  And I want to change. I want to make I want to make it
• 2:15:30
  right. I want to work with you.
• 2:15:32
  I want to help younger kids, you know, so they don't make the
• 2:15:36
  same mistake that I made when I was much younger.
• 2:15:39
  I just I just want to get out and be able to, you know, be a
• 2:15:41
  productive citizen. And I'm hoping y'all give me
• 2:15:44
  this chance, give me this opportunity to come in front
• 2:15:47
  y'all right now and be able to say what I'm saying now and have
• 2:15:51
  a chance to be back in society is a lot.
• 2:15:54
  And I want I want to thank you gentlemen for that.
• 2:15:57
  But the the sorrow I mean no words I can I can say they can
• 2:16:02
  explain the sorrow I feel for my victims.
• 2:16:06
  I mean anything I say to. You know I can, I can talk for
• 2:16:11
  hours. About it but right so why don't
• 2:16:13
  you tell us now why do you think well she.
• 2:16:16
  Let you out today. What have you done in prison?
• 2:16:19
  Well, I got my GED in prison. I I'd rather.
• 2:16:23
  To train in prison building technology.
• 2:16:26
  I've learned a lot in prison. I growed in prison.
• 2:16:28
  I've been in self help classes. You know, I've been I've been in
• 2:16:33
  a A and a I've been in I'm in victims impact right now,
• 2:16:38
  dealing with the fact that I know how to deal with, you know,
• 2:16:43
  my victims and how to deal with the situation because I mean,
• 2:16:49
  coming up young, I never knew how to show remorse.
• 2:16:54
  But since I got older, I put my people in a situation where I
• 2:16:58
  put my business in and I think, how would I feel for something
• 2:17:02
  was it to happen to my loved 1? So again, I I feel like I grow
• 2:17:07
  and I'm not, you know, young and adolescent no more.
• 2:17:11
  I'm more mature and I know I want to go in my life.
• 2:17:14
  I want to, I want to be out. I want to be a productive
• 2:17:17
  citizen. I want I want to grow more.
• 2:17:20
  I just want to, I just want to be a productive citizen and I
• 2:17:23
  want to be my mom. She's kind of sick and I want to
• 2:17:27
  be out of there for her and I would never do nothing that
• 2:17:30
  would cause her or or cause anything to happen to her.
• 2:17:35
  I can assure you that I want to go the right way.
• 2:17:37
  I want to walk the right way. I am as I've been here, as I've
• 2:17:41
  been in this facility here. I've done what I need to do to
• 2:17:46
  try to get myself back on track to get back in society and I
• 2:17:50
  don't intend on stopping. I intend on keep going in.
• 2:17:53
  The right. Direction.
• 2:17:54
  How long have you been at that facility?
• 2:17:56
  I've been here 3. Years the channel 3 years and
• 2:17:59
  some months now. OK yeah all right.
• 2:18:05
  So I'm looking at the records that I got about the classes
• 2:18:08
  that you took and the only major class I see documented is
• 2:18:13
  nurturing parent on 5824 that you completed that one that any
• 2:18:19
  classes involving victim awareness, victim letter
• 2:18:22
  writing, any I'm current. I'm currently in victims impact
• 2:18:27
  right now. I'm currently in Victims Impact
• 2:18:30
  right now. I've been in the class almost 4
• 2:18:35
  weeks. This is about four weeks a year
• 2:18:38
  and I'm learning. I'm learning a lot from Victims
• 2:18:41
  Impact. I couldn't get in until I got an
• 2:18:43
  active date for parole because of how much time I have.
• 2:18:48
  I, I've been asked for it, but it's just not putting me in it.
• 2:18:51
  I'm just not getting in it. And no, I I plan on finishing
• 2:18:55
  it, but I've been in boys to men.
• 2:18:57
  Also, what about your $100 pre release?
• 2:19:01
  I see you started that on. March 6th of 26th and and it's
• 2:19:06
  not completed. Has that been completed yet?
• 2:19:08
  Yes Sir, I've completed tomorrow.
• 2:19:10
  Tomorrow will be my last day of of pre.
• 2:19:12
  Release my last day tomorrow, graduate tomorrow.
• 2:19:16
  All right. I see you had a prior parole
• 2:19:19
  hearing on. December in 2021 and they were
• 2:19:24
  opposed because of opposition from law enforcement,
• 2:19:29
  disciplinary problems and conduct lost 610 days of good
• 2:19:34
  time and your high risk score. What, and I'm looking back since
• 2:19:38
  then and I was like what? Tell me about the details of
• 2:19:41
  your write ups that you had since then, since then.
• 2:19:43
  On 2/17/23 you had a write up and that was right after and
• 2:19:49
  then you had several more write ups during that time.
• 2:19:53
  Tell me about the write ups that you had since you went to your
• 2:19:57
  last revocation hearing. I mean parole here.
• 2:20:00
  Well again I have no excuses for the write ups that that I that I
• 2:20:04
  caught after. After the hearing, I can
• 2:20:07
  explain. I got two of the counselors.
• 2:20:10
  I really spiraled down a rabbit hole.
• 2:20:13
  I'm saying after I got denied parole, I started, you know,
• 2:20:19
  getting into a lot of things. I went to another camp.
• 2:20:23
  And I mean, I'm, I'm deeply sorry about it.
• 2:20:25
  You know, I'm embarrassed about a lot of things.
• 2:20:28
  But I had to get a hold of myself.
• 2:20:29
  I had to do some soul search. I felt like I let everybody down
• 2:20:33
  when I got denied the first time and it was hard on me for a
• 2:20:37
  minute. But there's no excuse for it.
• 2:20:39
  I'm just, I want to take accountability for everything.
• 2:20:42
  I'm not, you know, I'm not ducking the fact that, you know,
• 2:20:47
  I know I did some things that I shouldn't have, but I think I've
• 2:20:51
  got a hold of myself down. I think I'm ready to go forward.
• 2:20:54
  You didn't tell me. You didn't answer my question.
• 2:20:56
  What? What did?
• 2:20:58
  You do you know we I see you have write ups.
• 2:21:00
  I see it's called a 21 E when I see it's called an aggravated
• 2:21:04
  sex offense. What happened?
• 2:21:06
  I was on. I was on after I left it.
• 2:21:10
  Was silly. I was there when I went to the
• 2:21:12
  to hunt. I got, I dabbled into drugs and,
• 2:21:16
  and all kind of stuff and I was doing stuff that I don't even
• 2:21:19
  remember doing. But I mean, at one particular
• 2:21:22
  time I got a tour with a counselor, I mean a mentor, and
• 2:21:27
  it didn't get physical, but I mean, I got rolled up for that
• 2:21:32
  and I wrote up. Another time I went to the
• 2:21:33
  blocks or something else. I had to really get a hold of
• 2:21:37
  myself. I really was.
• 2:21:39
  I was faring back down to the old meat and I had to, I had to
• 2:21:43
  get a hold of myself. That's what I did.
• 2:21:46
  I'm embarrassed by it, but I mean, it happened and I got to
• 2:21:49
  take accountability for it and that's all I can do.
• 2:21:52
  Yeah. My concern is you got denied in
• 2:21:55
  the last hearing because of write ups.
• 2:21:56
  And now you're here again and you got more write ups, but my
• 2:21:59
  last, my last hearing, the paper I got, I was denied.
• 2:22:03
  Because of victims, opposition and only visiting opposition, I
• 2:22:08
  had no rights for four years. My last my last hearing, I got
• 2:22:14
  solely denied. For victims, opposition and law
• 2:22:18
  enforcement discipline, there wasn't a problem.
• 2:22:22
  I believe you got the information wrong or I got the
• 2:22:24
  information. Wrong.
• 2:22:25
  And it's written on your sheet in the file it says general
• 2:22:28
  disciplinary conduct of the reason for denial of 2021 and
• 2:22:33
  they also they know that you lost 610 days a good time
• 2:22:36
  because of it. I had lost 600 days a good time
• 2:22:39
  early in my. Early in my career of doing time
• 2:22:43
  like in 22,001, three, four, I had had a write up when I went
• 2:22:49
  up for the for the parole in four years.
• 2:22:52
  I went up over the road and last Sunday and now, now it's now
• 2:22:56
  it's three years right past 3. Years.
• 2:22:59
  Yes, Sir. That's not an improvement, you
• 2:23:02
  know. And what's very concerned?
• 2:23:04
  You said you spiraled. After.
• 2:23:06
  Getting. Denied.
• 2:23:07
  What's going to happen on the streets if something goes wrong?
• 2:23:09
  What you going to do then? Something on the street goes
• 2:23:12
  wrong? I'm going to go to self help
• 2:23:14
  class. I'm not going to stop here.
• 2:23:16
  I want to go to self help class on the street.
• 2:23:19
  I want to, I want to go to 12 step classes, I want to get
• 2:23:22
  mentors. I'm surround myself with
• 2:23:24
  positive people. I got positive people in my life
• 2:23:27
  now. I got support, my sister's
• 2:23:30
  supporting, my family supports me and I'm not going to be in
• 2:23:33
  those type of areas. I'm not even going to be living
• 2:23:35
  in Louisiana no more. It'll be a whole total different
• 2:23:39
  change of scenery for me and I don't have that type of mind
• 2:23:42
  frame anymore. So where you going to live in
• 2:23:45
  Houston, TX Sir? Did you in a state?
• 2:23:47
  Compact yet? Yes.
• 2:23:49
  Sir, so you already? Been accepted to Houston it's.
• 2:23:53
  Getting it's getting processed. As we speak is getting in
• 2:23:56
  process. OK, I don't have any more
• 2:24:02
  questions. OK, I'm let's hear from the
• 2:24:04
  warden. Warden.
• 2:24:04
  What? You have to.
• 2:24:05
  Say about him, tell me about a disciplinary.
• 2:24:07
  It don't look good at all over here.
• 2:24:10
  Yes, Yes, Sir. So in his 25 years of
• 2:24:13
  incarceration, he has about 45 disciplinary reports.
• 2:24:17
  He has been disciplinary free in the last three years since he's
• 2:24:19
  been here. The.
• 2:24:20
  Last 10 years it looks like he's gotten since 2016 he's gotten 4
• 2:24:25
  separate incidents which occurred after his last parole
• 2:24:29
  denial. He currently is in AANA
• 2:24:34
  participation. He completed Boys to men,
• 2:24:36
  completed nurturing parenting, he is in.
• 2:24:40
  He is now in the Victims Impact program.
• 2:24:44
  He he is considered a STRIVE inmate here.
• 2:24:46
  He's a member of our STRIVE program and inmate Barbara.
• 2:24:50
  So throughout his incarceration he does have a lot of
• 2:24:54
  disciplinary reports, but it is, it is a positive that he has
• 2:24:58
  gone the last three years without any disciplinary
• 2:25:00
  infractions while at this institution.
• 2:25:03
  Thank you, warden, we appreciate that.
• 2:25:06
  Let's hear from the people that are here to speak.
• 2:25:09
  Let's hear from Mr. Kerry Myers first.
• 2:25:12
  Yes, good morning, Kerry Myers with Louisiana Parole Project
• 2:25:15
  we're here for. Jermaine Middleton, should the
• 2:25:18
  board grant his paroles today Parole Project will provide him
• 2:25:22
  a transitional housing and transitional programming after
• 2:25:25
  2526 years of incarceration. Obviously, Mr. Middleton would
• 2:25:30
  be walking into a. World.
• 2:25:32
  That's different from the 1 he left.
• 2:25:33
  He would be evaluated immediately by our social work
• 2:25:36
  staff for any recommendations for continued support systems.
• 2:25:44
  We know that you know he has done some some work while he's
• 2:25:47
  in prison. He's earned his his GED, he's
• 2:25:50
  completed RDAP program, the residential drug program while
• 2:25:54
  in prison. He's NCCER safety certified.
• 2:25:58
  He's completed tier Walker training.
• 2:26:03
  We he is a first offender. He is planning on going to
• 2:26:07
  Texas. His Interstate compact is in
• 2:26:11
  process. He would come to parole project.
• 2:26:14
  Once he completes parole project and that Interstate compact is
• 2:26:18
  approved, he would then go to Texas.
• 2:26:21
  Parole project would continue to provide him with with contact
• 2:26:25
  and and support on a on a long distance basis.
• 2:26:29
  But while he is with us, he will have programming.
• 2:26:33
  He will again he as we said that I said earlier.
• 2:26:35
  He'll. Have his evaluation where social
• 2:26:37
  work staff, you'll have programming technology he'll
• 2:26:40
  have programming and financial management he'll have
• 2:26:43
  programming and goal setting. He'll he'll have peer mentorship
• 2:26:47
  programs while he is with. US.
• 2:26:51
  You know, we are here to to help his transition to the school
• 2:26:53
  granting parole today. OK.
• 2:26:56
  Thank you, Mr. Mark. Appreciate you.
• 2:26:58
  OK. Miss Natalie Wilson, Subjects
• 2:27:02
  mother, what you have to say about your son.
• 2:27:04
  Well, I've been missing my son so much.
• 2:27:08
  And seem like, you know, I just can't go.
• 2:27:13
  On. I've been.
• 2:27:15
  In. Bad health and I really don't
• 2:27:18
  know how long I'm going to be with him.
• 2:27:21
  I do know this my son is totally different from when he was first
• 2:27:26
  incarcerated and from his business and stuff.
• 2:27:30
  I know the change and in the Bible studies and the it's just
• 2:27:37
  a whole different change from when when when he was I know my
• 2:27:43
  son is he's telling the truth. I know that.
• 2:27:46
  All right. Is he going to be living with
• 2:27:48
  you in Houston? He's going to be living with
• 2:27:50
  his. Sister because I'm a low income.
• 2:27:53
  And I. Have.
• 2:27:54
  Money. Yes, I'm on house.
• 2:27:56
  I just want to make sure who he was going to be with, OK?
• 2:28:00
  Let's hear it from your sister, Miss Kennedy.
• 2:28:02
  Good morning. I just wanted to say that.
• 2:28:06
  I'm a public servant myself and I'm a good judge of character
• 2:28:10
  and for me to stick my neck out for him, that says a lot.
• 2:28:16
  He has rehabilitated himself. I do feel bad about the
• 2:28:23
  situation myself, but it's been a long time.
• 2:28:26
  We want him home. He knows what the expectation is
• 2:28:30
  from me. I've always had this expectation
• 2:28:33
  for him, which is why, you know, the situation is what it is.
• 2:28:37
  But we're ready to move forward and help him to get back on his
• 2:28:41
  feet and be a productive member of society.
• 2:28:44
  I don't endorse any type of misbehavior, misconduct.
• 2:28:49
  I just don't. And he knows that.
• 2:28:51
  So I'm a sister that's ready to help him help himself.
• 2:28:55
  OK, Thank you. Appreciate it.
• 2:28:58
  OK, I just have one question. For you, how old were you when
• 2:29:00
  this this occurred? I was 24 years old, Sir.
• 2:29:05
  And how long? Have you been in prison 26
• 2:29:08
  years? Out of 40, that was that's what
• 2:29:11
  that was your. Sentence 40 years.
• 2:29:13
  Yes, Sir. OK, I have no further.
• 2:29:17
  Questions. I have a question.
• 2:29:19
  OK, go ahead, Warden, since he's been with you.
• 2:29:21
  What kind of guy, you say? He is.
• 2:29:23
  Tell me that again. He's.
• 2:29:24
  He's had he made any progress you so he since he's been here,
• 2:29:30
  he has not gotten any. Trouble, he's joined our STRIVE,
• 2:29:34
  our STRIVE program, which means that they have stayed out of
• 2:29:36
  trouble. There are a lot of more
• 2:29:38
  privileges. He lives in our hope unit.
• 2:29:42
  He's he's employed here as an inmate Barber.
• 2:29:45
  So during his time at Raymond LaPorte Correctional Center, I
• 2:29:48
  mean, he he's shown a great conduct and basically done
• 2:29:52
  everything that we asked of him. He's now in the new program and
• 2:29:56
  for victims advocate participated in our boys the men
• 2:29:59
  program here and completed it without any issues.
• 2:30:02
  So in the last three years since he's been here, he has on a
• 2:30:08
  positive condom record. Thank you Ward.
• 2:30:10
  You guys are doing a good job out there.
• 2:30:12
  We appreciate it, Mr. Jermaine Yes, Sir.
• 2:30:19
  I hope you're just not saying that, you know?
• 2:30:22
  Say for instance if. You got denied again.
• 2:30:24
  Are you going to spower again or are you going to keep your word
• 2:30:27
  at this time on doing what you should do?
• 2:30:30
  No, Sir, I'm not spiring no more.
• 2:30:33
  And whatever happens. Whatever my fate be today, and
• 2:30:37
  you know, I just, I'm just happy that I'm, I feel good about the
• 2:30:41
  situation. I feel good that whatever you
• 2:30:45
  all do, you know, I just got to, you know, put God first in my
• 2:30:49
  life and just keep going. It's a constant battle.
• 2:30:52
  It's not it's not nothing that's going to happen overnight, but I
• 2:30:55
  have done what it takes to try to be a better person.
• 2:30:59
  And that's why I want to be. That's not nothing.
• 2:31:01
  I want to I don't want to go back to being the old me.
• 2:31:04
  I want to be the new me. I want to be a success story.
• 2:31:08
  I don't want to be a statistic. I want you know, and I surround
• 2:31:11
  myself around positive people. That's what I'm going to do when
• 2:31:14
  I get out. I want to surround myself when
• 2:31:16
  I'm positive. I want to help.
• 2:31:18
  OK, Thank you. Thank you very much.
• 2:31:20
  OK, the. Panel ready to vote?
• 2:31:23
  Yeah. OK, the panel is ready to vote.
• 2:31:26
  Mr. Bayh. Rob is your case.
• 2:31:27
  You vote first. All right, I think you're on
• 2:31:31
  your way there. However, I still got a problem
• 2:31:34
  with the way the crime went down.
• 2:31:37
  Randomly picking a victim and go and shoot up everybody while
• 2:31:40
  they're sleeping. You didn't tell us that part of
• 2:31:43
  it when I asked you about the crime.
• 2:31:46
  But what really causes me a problem is that since your last
• 2:31:50
  hearing when you were denied partially on your disciplinary,
• 2:31:54
  that you got three or four more disciplinary problems since
• 2:31:58
  then. If you could show up over here
• 2:32:00
  with no disciplinary problems at all, I think I can vote for you.
• 2:32:05
  But today I got to vote to deny this till you can show up over
• 2:32:10
  here with a clean disciplinary record from today till the next
• 2:32:14
  year, and then I'll vote for you.
• 2:32:17
  Tell us. I really appreciate the changes
• 2:32:21
  made. My basic.
• 2:32:24
  Vote. Today is going to be because of
• 2:32:25
  what the warden has said and and in three years I.
• 2:32:29
  Think you've done OK? My vote today is going to be a.
• 2:32:31
  Grant and my vote would be to grant to.
• 2:32:38
  The parole project for one year, I don't think just going there
• 2:32:42
  to get you Interstate compact. I'd like to see if your
• 2:32:45
  disciplinary would improve at the parole project.
• 2:32:48
  And then you do your Interstate compact and go to Texas and no
• 2:32:52
  contact whatsoever with the victim.
• 2:32:55
  But he needed a unanimous roadway.
• 2:32:57
  OK. You got two out of three.
• 2:32:59
  You needed three out of three. So you, you coming alone, you
• 2:33:03
  know, don't go, don't go spiraling.
• 2:33:05
  Do what the warden says and and you'll be fine next time.
• 2:33:10
  OK, Thank you. Huh.
• 2:33:12
  I honestly did not think he would get 2 out of 3.
• 2:33:15
  Doesn't. Make a difference.
• 2:33:16
  He's not getting out, but that's more than I thought he would
• 2:33:19
  get. Any who, I hope you all enjoyed
• 2:33:22
  this morning. I did.
• 2:33:23
  I mean, it was started off really heavy.
• 2:33:27
  We didn't do as much hopping around courts as we normally do,
• 2:33:30
  but a good day nonetheless. Join us this evening.
• 2:33:35
  Sidebar. 8:00 PM Eastern, 5:00 PM Pacific right here on this
• 2:33:38
  channel and we will be back tomorrow morning for this show.
• 2:33:41
  9:00 AM Eastern, 6:00 AM Pacific 1/2 an hour earlier if you are a
• 2:33:45
  channel member. Go have yourselves a great day
• 2:33:48
  and I will see you all soon. Take care, God bless.