Latest / The Courtroom Files / April 28, 2026 Court Hearings: Judge Springstead Sentences Smuggler, McNally Rejects Excuses, Mogan Hears OWI Bodycam + More | TCF Podcast #279

Transcript

April 28, 2026 Court Hearings: Judge Springstead Sentences Smuggler, McNally Rejects Excuses, Mogan Hears OWI Bodycam + More | TCF Podcast #279 · The Courtroom Files

• 0:02
  Plea of not guilty does enter. The next step in the process.
• 0:08
  Mr. side will be a pre trial conference.
• 0:10
  You'll be notified by mail of the conference date and time.
• 0:14
  It'll be a Zoom hearing but won't use the same set of Zoom
• 0:17
  numbers that you're using this morning.
• 0:20
  So when they send you the notice, they'll send the new
• 0:22
  Zoom contact information. And that leaves us with fine.
• 0:27
  Mr. Dean. Yes, thank you.
• 0:28
  Your Honor, my client is 27 years old, a resident of Oak
• 0:32
  Park. He works at a Tier 1 auto
• 0:36
  manufacturer supplier on the factory floor.
• 0:40
  His actually his cousin drives him back and forth to work.
• 0:44
  The other thing I want to point out, Your Honor, my client
• 0:46
  indicated to me that on June 10th through the summer, he is
• 0:52
  going to, he's taken a position in Alaska working for a fish
• 0:57
  supplier up there during the season.
• 1:00
  So he will not, he's asking permission to leave the state.
• 1:04
  I told hopefully this should be completed by then.
• 1:07
  I think he's a perfect candidate for operation drive.
• 1:10
  He indicates he's never had a license.
• 1:12
  So that being said, I'm asking for a personal bond, Your Honor,
• 1:16
  Thank you. Operation Drive is a zoom
• 1:21
  process, so it wouldn't matter if he was in Alaska or
• 1:28
  Argentina. Very good.
• 1:32
  The zoom works. How about the purpose of a Mr.
• 1:38
  side? The purpose of a bond is not to
• 1:40
  punish somebody before trials, to make sure they get here, to
• 1:43
  ensure the safety of the public pending.
• 1:45
  You're here on time, there's no reason to believe that you're
• 1:48
  not going to come back because would be candidates in your best
• 1:51
  interest to come back because operation drives work.
• 1:55
  So the bond in this matter is going to be a personal bond in
• 1:58
  the amount of $2500. You don't need to pay money to
• 2:00
  stay at the jail till the trial. It's a personal bond.
• 2:06
  In the event you failed to appear then you get all the
• 2:09
  money but just show up. I'm Zoom and the program is
• 2:14
  going to be a benefit to you. You're good to go today.
• 2:18
  You'll get the notice in the mail and you'll stay on with Mr.
• 2:20
  Dean. Thank you.
• 2:23
  We'll be in touch, your honor. I'll be in touch, Mr. Mohammed.
• 2:27
  All right. Thank you, Sir.
• 2:28
  You're welcome. You see a loom?
• 2:33
  On the docket, I look better. Yeah, Bird.
• 2:48
  I don't see a bird either. And we'd be the Oh yeah.
• 2:53
  Aloka Why we have three people. I I don't see any of the first
• 3:00
  three people in the waiting room on the Is there a Mr. Mr.
• 3:03
  Norton, We have a Samsung, so let's see who's behind that.
• 3:26
  Come online from a Samsung. Please unmute yourself and
• 3:31
  identify yourself. What is your name?
• 3:38
  Nathan Norton. Say again, please.
• 3:42
  Nathan Norton. It's he's the second one on the
• 3:49
  list, Your Honor Norton. Nice.
• 3:53
  That's who you thought it was. Yeah, I've talked with him
• 3:56
  already. We're ready to go.
• 3:58
  This is 2600434 people versus Nathan Norton.
• 4:02
  Good morning, Your Honor. Michael Dean, P 32631.
• 4:05
  Court appointed attorney for arraignment today for the 44th
• 4:08
  District Court. We agreed to conduct this
• 4:09
  proceeding today by Zoom. Mr. Norton State your full name
• 4:13
  for his honor. Nathan Blaine.
• 4:15
  Michael Norton. OK.
• 4:18
  Can you turn your camera the other way so you're faced up
• 4:21
  with us? There you go.
• 4:22
  Perfect. Just stay like that.
• 4:24
  Thank you. I've had the opportunity to talk
• 4:26
  with Mr. Norton, Your Honor, Apprise him of the charges.
• 4:30
  Apprise him of the arraignment procedure and his rights.
• 4:34
  Being fully informed. He weighs formal reading, stands
• 4:37
  mute. Ask that you enter a not guilty
• 4:39
  plea and he would like my assistance as his court
• 4:42
  appointed attorney moving forward.
• 4:47
  You think he qualifies? He indicates that basically he
• 4:53
  has expenses and he's, he does have a working position, but
• 4:59
  there it's possible that he does qualify.
• 5:00
  I, I don't know what the cut off point is there.
• 5:03
  OK, so if nobody needs to request the MIDC and that that
• 5:07
  leaves us with bond. Thank you.
• 5:09
  Ryder, I had the opportunity to have a discussion with Mr.
• 5:13
  Norton yesterday. He's 51 years of age.
• 5:17
  He's the kitchen manager at Danny's Irish Pub on Woodward
• 5:20
  and Ferndale. He basically indicates he's not
• 5:25
  on probation or parole right now.
• 5:28
  He's he's a resident of Clawson, Michigan.
• 5:31
  That being said, I did indicate to him that he should be
• 5:36
  prepared to have a pen and paper because there will be pretrial
• 5:40
  services he needs to engage in. In terms of alcohol testing, he
• 5:46
  indicates that even though he works in a bar, he understands
• 5:49
  that he cannot drink. He indicates that he is the
• 5:52
  kitchen manager, basically prepares the food for diners
• 5:55
  there. That being said, Your Honor,
• 5:57
  we're asking for a personal bond as well as pretrial services.
• 6:04
  Thank you. We run this bond.
• 6:10
  Mr. Norton, You simply cannot use alcohol at all.
• 6:13
  No use of alcohol, no use of marijuana or any illicit drug.
• 6:17
  You'll be supervised by Pretrial Services of Oakland County.
• 6:20
  You'll need to call them tomorrow to set up the testing.
• 6:25
  Their number is 248-451-2315. If you call today, they won't
• 6:35
  know why you're calling because your file's on my desk.
• 6:39
  So give them a call tomorrow, they'll do a drug test as soon
• 6:43
  as practicable. If the test is negative for
• 6:46
  drugs, then there would be no further drug test.
• 6:49
  In the event the test is positive for drugs, then in that
• 6:52
  event the drugs would testing would continue with the rate of
• 6:55
  2 * a month. Mr. Dean, do you think that your
• 7:04
  client would prefer a silver link or to do the twice a week
• 7:08
  random ETG? I, I think with his position
• 7:13
  working at the sober link, Your Honor, there is a cost
• 7:18
  associated with that, of course, correct.
• 7:24
  Mr. Norton, do you understand if you have, there's a sober link
• 7:27
  which is going to cost you, I believe it, I believe it's
• 7:29
  $60.00 a week that you would be testing on.
• 7:33
  It'd be portable that you'd have or you would be given random
• 7:38
  dates during the week to go to a testing facility to test there.
• 7:44
  What would you prefer I? I don't understand what the
• 7:50
  sober link is. It's basically it's device that
• 7:53
  you're going to have carry with you like a portable cell phone
• 7:58
  that basically you'll be given an indication by a beep that you
• 8:03
  need to blow into it at that point in time or gives you 15
• 8:07
  minutes to do. OK.
• 8:10
  Yes, Sir, I could do that. OK.
• 8:13
  It'll be sober link four times a day to be operational by
• 8:25
  Thursday at noon. That would be the 30th.
• 9:32
  All righty. Good morning once again,
• 9:33
  everybody. It is TCF live on a Tuesday.
• 9:35
  Good to have you here. Apologies for the slight
• 9:38
  technical mishap we had at the beginning there.
• 9:41
  Sometimes on my Stream Deck, the mute button gets like flipped
• 9:46
  and I think that I've got the feed muted, but it's actually
• 9:49
  live. So I fixed that.
• 9:51
  We're all good. Good to have you all here.
• 9:53
  I would like to call your attention to our super chat goal
• 9:56
  for today. If we hit that goal tomorrow, I
• 10:00
  will open and close the show doing a stupid Dan trick that I
• 10:04
  have and that's to basically Doctor Seuss things.
• 10:08
  So I will Doctor Seuss my opening and closing tomorrow if
• 10:10
  we hit our super chat goal. Let's stay in Michigan, but
• 10:16
  let's go over to Judge Simpson. Early start for him today.
• 10:20
  Chris Gaines. How are?
• 10:28
  Yes, Sir. Good.
• 10:30
  Morning. How are you You're?
• 10:32
  Doing. Well, can we do the waiver?
• 10:34
  Please. Yes.
• 10:38
  He already did that part because he was late coming in.
• 10:41
  OK. Toy Games Senior assistant
• 10:43
  public defender. Like the prosecutor's office, we
• 10:47
  too do not believe there is a conflict, but if there is a
• 10:49
  conflict, we would waive it. In the court for its part, also
• 10:52
  does not believe there's a conflict either in the Michigan
• 10:54
  court rules or the cases decided they're under the extent of
• 10:58
  conflict does exist given the waiver support work.
• 11:02
  All right. Are we ready on anything you
• 11:04
  have? No bye.
• 11:06
  OK, I. Want to check in with Mr. South
• 11:15
  with someone in tow. Good.
• 11:18
  Morning, good. Morning.
• 11:27
  Hey, we need lunch but we don't know what we're having because
• 11:36
  we have to wait on some. Take care Mr. Simon, always,
• 11:42
  always a pleasures. Where is everybody Wellington
• 11:50
  doing this? Topic.
• 12:02
  Well, Mr. Cook's here, his felt has left.
• 12:06
  Joy's here. Who's in the hallway?
• 12:09
  Are they ready? I don't want them.
• 12:21
  Court does call the case People State of Michigan versus Ronald
• 12:24
  Bay. And you're not ready to cook for
• 12:25
  the people. Good morning, Rana Joy Haynes,
• 12:28
  Senior Assistant Public Defender within on behalf of Mr. Bay.
• 12:32
  Would you? Please.
• 12:32
  Good morning, Ronald Bay, good morning.
• 12:35
  Like that he. He did.
• 12:39
  All right. Go ahead.
• 12:40
  I'm sorry. Some people are unable to
• 12:42
  proceed. Your Honor, we move for a
• 12:44
  dismissal. People being unable to proceed,
• 12:47
  this case is dismissed on the motion of the defendant.
• 12:52
  All right. Thank you, Sir.
• 12:53
  Have a great day. Thanks.
• 12:54
  To say nice Jackie. What you say it's not really my
• 13:05
  color. All right?
• 13:09
  What? OK, and I'll stop talking.
• 13:14
  I'll sit here and look stoic. It can only last for a few
• 13:20
  minutes. Ashley, thank you for the $5 and
• 13:58
  getting us started off. Very much appreciate that.
• 14:23
  Okie Dokie is intriguing as Judge Simpson's court usually,
• 14:26
  as he's off to an incredibly slow start.
• 14:28
  So let's let's switch over to Judge McNally.
• 14:31
  We'll check back with Judge Simpson later, maybe.
• 14:33
  Need to pay $249? That is one day for every $10
• 14:43
  owed so we could receive 25 days jail.
• 14:47
  You can satisfy that part by payment in part by serving the
• 14:53
  jail term, or in full by paying the amount due.
• 14:57
  You can purge the entire contempt.
• 15:00
  Do you understand that? Did you sign, read and
• 15:03
  understand and advice a rights form here today?
• 15:10
  If you plead guilty, you'll be giving up all those rights and
• 15:13
  there will not be a hearing or a trial.
• 15:15
  Do you understand that you have the right to a lawyer?
• 15:19
  I'll be happy to provide you with one at public expense.
• 15:22
  Do you understand that? Would you like an attorney to
• 15:26
  the charge You failed to pay $249?
• 15:29
  How do you plead? You failed to pay?
• 15:33
  I won't. Be able to.
• 15:35
  Pay. No, I said.
• 15:36
  Did you fail to pay? Did you fail to pay the amount
• 15:40
  due on this? Anybody forced you to plead
• 15:42
  guilty? No.
• 15:47
  Why don't you come in and pay it?
• 15:49
  OK, then why didn't you come in and pay it?
• 15:53
  The deal with CVS, Do you work? Lost my job after that.
• 16:02
  You were you working? I was working for 8-7.
• 16:06
  How much do you have today? How much am I going to get it?
• 16:15
  How much do you have today? We have like 12 bucks. $2.00 I
• 16:20
  have like 485 I'm gonna be able to pay until it's 26th May.
• 16:26
  I'll be able to pay the full amount.
• 16:28
  Are you sure? Yes.
• 16:31
  Next time you got to come and talk to us when you don't have
• 16:33
  the money, OK? OK, so I'll give you until I'll
• 16:36
  give you until the 28th to pay, OK, OK.
• 16:39
  If you May 28th, if you don't have the money, you can either
• 16:42
  come in here or on or before the due date at 8:30 or or you can
• 16:49
  call the court or before that due date at 8:30 in the morning
• 16:55
  and I'll give you an extension. Just don't ignore us, OK?
• 16:59
  All right, Anything else? All right, good luck.
• 17:02
  You're welcome. Tim, thank you for the $2.00 and
• 17:08
  Nina, thank you for the $5. Very much appreciate it.
• 17:13
  Cameron Jamal Cattrall, 25 W 839925 Your name.
• 17:27
  See now this kind of thing. I don't understand.
• 17:32
  What did I just tell him? What did I just tell?
• 17:37
  Did you hear? Yeah, about.
• 17:39
  Calling me to make an extension or something.
• 17:42
  I told you that too. Yeah, I've been.
• 17:45
  Hang on. When I gave you a payment plan
• 17:49
  on January 23rd and you told me you could pay $50 per week
• 17:55
  beginning February 9th, you haven't paid a nickel since
• 17:59
  then. And you didn't extend the
• 18:01
  courtesy of coming in here and talking to me or calling the
• 18:04
  court and saying can I get on Zoom with the judge?
• 18:06
  I need it. Did you?
• 18:10
  Why not? They take care of me.
• 18:12
  Five night night, so I've got. I'm sorry, I've been taking.
• 18:14
  Care of my. Father in Atlanta, so I got my.
• 18:16
  Complete. You've been in Atlanta for three
• 18:18
  months. You've been in Atlanta for 2 1/2
• 18:21
  months? Yes, Sir.
• 18:22
  Did you? I just completely.
• 18:24
  Forgot it. Would it just You forgot you
• 18:27
  know what the title of my books going to be?
• 18:30
  Don't tell the judge I forgot. You didn't forget it.
• 18:35
  You just kind of blew it off, and you probably haven't been in
• 18:40
  Atlanta for 2 1/2 months, right? You want to go get your
• 18:45
  itinerary and show me when you flew there and when you flew
• 18:48
  back? No, I drove back.
• 18:50
  You drove there and you were there for 2 1/2 months. 7 When
• 18:55
  did you come back? A couple days ago my my male
• 18:58
  goes to my grandfather house and my aunt told me I had a court
• 19:01
  date. Remember when I told you you
• 19:06
  could zoom? You could have zoomed from
• 19:07
  Atlanta, couldn't you? I I know I could.
• 19:11
  I told you that I tell everything there's if you want,
• 19:15
  I'll go listen to the recording right now.
• 19:17
  I know I told you that because I tell everybody that.
• 19:19
  And you didn't do that because you don't have any respect.
• 19:24
  You won't respect the judiciary if you, if you had respect.
• 19:30
  I don't know how many judges offered that.
• 19:33
  I'd be surprised if there's more than three in the state that do
• 19:36
  that. Maybe they are.
• 19:37
  Maybe they all do it. I don't know.
• 19:39
  But when I tell you that you have to at least give us the
• 19:45
  courtesy of calling on and going on Zoom and requesting an
• 19:50
  extension and you don't do it and you blow it off for three
• 19:56
  months, it doesn't make me happy.
• 19:59
  Do you where you work? 4.
• 20:03
  Ford Motor the Texan where on four load and Greenfield.
• 20:08
  You didn't take off 2 1/2 months working at Ford.
• 20:11
  They'd have fired you. No, I just started Monday.
• 20:15
  Monday this past Monday 2 yesterday.
• 20:19
  Yes, Sir. You started yesterday.
• 20:21
  Yes. Through at same service.
• 20:26
  Believe you. OK.
• 20:29
  I don't believe you were in Atlanta for 29 months.
• 20:34
  Just so just so you know, I don't believe you, OK?
• 20:40
  I have. I have people lie to me every
• 20:42
  day. All right?
• 20:46
  I don't know what it is. Maybe I don't look very smart,
• 20:50
  but I get tired. I understand.
• 20:55
  Do you? This is a court.
• 20:59
  We're not in a bar. We're not telling fish stories.
• 21:06
  You pull this nonsense with me again, you're going to force me
• 21:09
  to put you in jail on a civil infraction, and I won't
• 21:11
  hesitate. Do we understand one another?
• 21:13
  Yes, Sir. When can you start paying?
• 21:16
  I have the full penny place number.
• 21:18
  That's OK. Are you sure?
• 21:20
  Yes, Sir. I can give you more time if you
• 21:22
  want. No, that's fine.
• 21:23
  What are you going to do if you don't have the money?
• 21:27
  No, No, no, no, no, no. Let's say something happens.
• 21:30
  Your your engine goes out on your car, the bank forecloses.
• 21:36
  You got a credit card. What are you going to do if you
• 21:38
  don't have the money? No.
• 21:42
  You're going to call the court or you're going to drive to the
• 21:47
  court on or before the due date at 8:30 in the morning, and I'll
• 21:51
  give you an extension. I mean, I can't be more fair
• 21:55
  than that, can I? You pay by May week from Friday.
• 22:05
  Is the 8th. I'm giving you till the 13th
• 22:10
  again. I want to treat you like a
• 22:13
  child. What are you going to do if you
• 22:15
  don't have them on or before the due date?
• 22:20
  Right. That's if you can operate.
• 22:24
  If you can't, you have to come in here on it for the due date.
• 22:27
  OK, all right. May 13th.
• 22:29
  Good luck, Timothy.
• 23:02
  Jamie Whittle, 25-B148379-B21F235726-A
• 23:14
  25-B148379 125 V 1483798 Your name.
• 23:24
  All right, so Mr. Whittle, I set a sentence date.
• 23:30
  This was a first of all, let's talk about the let's talk about
• 23:44
  the possession of a controlled substance.
• 23:46
  But I want you to understand before we go further that you
• 23:48
  have the right to an attorney. If you either way, I will be
• 23:53
  glad to appoint you wanted public expense, do you
• 23:55
  understand? Would you like an attorney?
• 24:00
  Are you sure? You had one before, didn't you?
• 24:04
  I think you need one. Now.
• 24:05
  Here's the problem. Our our probation court
• 24:10
  appointed lawyer got detained in Florida.
• 24:14
  I believe his flight didn't go out so we had to call someone.
• 24:20
  So I'm going to give you your choice.
• 24:23
  You can either wait for him to get here and I don't have any
• 24:29
  idea how long it will take, or I'll reschedule this for a week
• 24:33
  or two and that'll give you more time to come up with money and
• 24:38
  do whatever else. So I'm going to give you your
• 24:41
  choice. What would you like to do?
• 24:46
  I'd get going on this if I was you, Heather.
• 24:53
  When are we going to? When are we going to reschedule
• 24:56
  this probation? I can go a week, I can go 2
• 24:58
  weeks, whatever you want. We have probation docket next on
• 25:02
  May 11th, OK, we should do probably 11:15.
• 25:11
  At 11:15 in the morning, May 11th, 11:15 in the morning, OK.
• 25:18
  It's. I don't think you're taking care
• 25:23
  of this very well. I don't want to talk about it
• 25:26
  and I expect you Sir to take care of your business.
• 25:32
  Did you hear what I said? Maybe you did, but it is
• 25:36
  something said the Fed up behind on payment plan reschedule with
• 25:41
  probation violation hearing. That's what they said on April
• 25:44
  14th. So unless you came in and paid
• 25:47
  and the staff made a mistake by not putting it on there.
• 25:53
  I don't. Know I don't.
• 25:54
  No, no, I don't want you to talk until we get a lawyer for you.
• 25:57
  OK, so you're going to have to figure things out.
• 26:02
  How old are you again? 20. 4.
• 26:06
  It's not something, sorry. Well, happy birthday. 511 at
• 26:16
  11:15. They'll give you your notice
• 26:18
  down the hall. OK, it's time to grow up.
• 26:23
  OK, time to grow up. Good luck.
• 26:27
  You too go down the hall and get your notice.
• 26:51
  What do you guys have in here? What's your name?
• 26:55
  Michael Debu. Find Stephen Charge right.
• 26:58
  Do you have them on the docket? What do you have, Mr. Debu.
• 27:06
  Did you meet with the department Rep?
• 27:08
  No, I'm supposed. To let me let me see that What's
• 27:12
  he? Scott DEPU.
• 27:15
  G. Yeah, at 9:30.
• 27:21
  Oh, it's at 9:30. Is it a department rent?
• 27:23
  Yes, sure. How about you?
• 27:25
  I. Have the same thing.
• 27:26
  It's for a speeding ticket at 9:30 through Woodhaven.
• 27:30
  I see it. Help John take them over there
• 27:34
  when he gets back. Yeah, I, I understand.
• 27:44
  So you should be in conference room 3.
• 27:50
  Sadie, would you take them to that conference room and tell
• 27:52
  the department Rep that they're here?
• 27:54
  Ma'am, what is your name? Ma'am, There's a million.
• 27:59
  Amanda. So what's your last name?
• 28:02
  OK, What are you here for? OK, let's let's go get them set
• 28:08
  up. You're going to go talk to you
• 28:10
  have a speeding or a civil infraction, right?
• 28:13
  OK, go. She'll take you.
• 28:14
  Thank you. Stay seated.
• 28:16
  Every. Okie, Dokie, as Judge McNally
• 28:21
  jumps off the bench, a little preview of what will happen for
• 28:24
  you tomorrow if you are so inclined as to help us reach our
• 28:28
  super chat goal today. I just wrote this little Doctor
• 28:32
  Seussism for Judge McNally. If your pockets are empty and
• 28:35
  your payment won't come, don't hide in the shadows and act like
• 28:38
  you're dumb. Just pick up the phone or step
• 28:40
  into court. Say, your honor, I'm short and
• 28:43
  I'll give you support. All righty, my friends, let's go
• 28:49
  back to Judge Simpson. Perhaps if Judge McNally
• 28:52
  delivered it that way, it would actually sync through for
• 28:54
  people. Just saying.
• 28:57
  That way you don't know that it's dismissed you.
• 28:59
  But I'm on. Thank you, Judge Ryan.
• 29:01
  Thank you. OK.
• 29:10
  That's three. Yay, Alan C.
• 29:15
  It's going to get better. Or it could turn and go South.
• 29:24
  Thank you. Who would have believed that?
• 30:23
  Well, I wanted to give Judge Simpson a chance, but seems like
• 30:26
  everything is fits and starts with him this morning.
• 30:28
  Good morning, Allie. Let's go.
• 30:32
  Let's go to Judge Maureen McGinnis, see what's up with her
• 30:37
  right versus. Mason Alcove.
• 30:40
  Good morning. Your honor, for the record, Eric
• 30:46
  Jets trying to have Mr. Alpha, who's standing to my right.
• 30:50
  Could you stick your name please?
• 30:52
  Mason, Steven. O Paul All.
• 30:54
  Right. And Mr. Gets, you are recently
• 30:57
  retained. As of yesterday, yesterday all.
• 31:00
  Right and you'll be able. To file an appearance today.
• 31:02
  I emailed one last night so it should be.
• 31:05
  OK. Somewhere, somewhere.
• 31:07
  In the building. All right, great.
• 31:10
  It looks like the praise have had an opportunity to pre try
• 31:12
  the matter. There may be a resolution if
• 31:14
  there's going to be an offer be placed on the record.
• 31:27
  Those charges and court accepts 2 original charges.
• 31:32
  And that's how your client would like.
• 31:33
  To receive today it. Is your understanding.
• 31:35
  It. Is and.
• 31:37
  Our understanding. Raise your hand.
• 31:41
  Do you swear from Tell the truth, the whole truth and
• 31:43
  nothing but the truth. Swear.
• 31:45
  All right, thank you. Can put your hand down.
• 31:47
  Did you hear and understand the plea offer that's just been
• 31:49
  outlined on the record? Yes.
• 31:51
  Ma'am, And did you have a full and fair opportunity to discuss
• 31:53
  your case with your attorney? Yes.
• 31:55
  Ma'am, did the two of you review this document we call People's
• 31:57
  exhibit #1? Yes, ma'am.
• 31:59
  Did you answer all of the questions on the form?
• 32:00
  Truthfully, yes. Am I looking at?
• 32:02
  Signature towards the bottom of the second page.
• 32:04
  Yes, ma'am. Do you understand that the
• 32:06
  maximum penalty of the misdemeanor offense that you
• 32:08
  intend to plead guilty to could be up to 93 days in jail, two
• 32:10
  years of reporting probation and or a fine of up to $500?
• 32:13
  Yes ma'am, you also understand for the civil infraction of
• 32:16
  impeding traffic, no potential jail or probation penalty could
• 32:20
  exist. However, you will be assessed a
• 32:21
  $200 fine, 0 points against your driving record.
• 32:24
  Yes ma'am. Do you understand that if you're
• 32:26
  on probation or call to another report of jurisdiction?
• 32:28
  And guilty plea in this. Case could negatively impact
• 32:30
  your status somewhere else. Yes.
• 32:32
  Do you understand that as you appear before the court today,
• 32:34
  you have the constitutional right to contest the original
• 32:37
  misdemeanor charge that has been brought against you?
• 32:39
  Yes. Do you understand each one of
• 32:41
  the rights that you would get to exercise if you decided to go to
• 32:43
  trial? Yes.
• 32:44
  Do you understand that if I accept your plea today, you will
• 32:46
  be giving up your right to go to trial and will not have a trial
• 32:48
  of any kind? Yes, ma'am.
• 32:50
  Has anyone promised you anything more, threatened you in any way
• 32:52
  in order to get you to plead guilty against your will?
• 32:55
  Say that again. No, ma'am.
• 32:56
  Is it your own choice to do this?
• 32:58
  Yes. Do you understand that if I
• 33:00
  accept your plea today, if you change your mind at a later date
• 33:02
  and would like to try to appeal your plea, the only way you can
• 33:04
  do that is if they're granted leave to appeal from Oakland
• 33:07
  County Circuit Court, Yes. Ma'am, knowing all of this.
• 33:10
  Is it still, oh, I'm sorry, there's one other do you also
• 33:12
  understand that if the court accepts your plea today, you
• 33:14
  could be giving up certain rights or issues on an appeal?
• 33:17
  That you would have. Otherwise had if you had gone to
• 33:19
  trial. Yes, ma'am.
• 33:20
  Knowing all of these things is it's still your decision to
• 33:22
  proceed with a plea. Yes, ma'am.
• 33:24
  So I need to take your attention back to the date of the alleged
• 33:26
  offense, January 23rd, 2020, 26th that day in the city of
• 33:29
  Troy, MI. Yes.
• 33:32
  Were you in the area of southbound I-75 at or near E
• 33:38
  Maple Rd. in the city of Troy? Yes.
• 33:41
  The allegation is that you're allowed an unlicensed person to
• 33:43
  operate your motor vehicle on that day.
• 33:45
  How do you plead guilty? The allegation for the civil
• 33:48
  infractions that you're impeding traffic in the same area in the
• 33:50
  city of Troy, do you keep responsible or not responsible?
• 33:53
  Responsible. All right.
• 33:54
  Are you going to be satisfied with the team to plea?
• 33:57
  Defense is satisfied. I'm satisfied as well.
• 33:59
  I will accept your guilty and responsible plea to these added
• 34:02
  allegations. In exchange for those, please,
• 34:04
  I'll grant the motion that people have made to dismiss the
• 34:06
  original charges. Which would have carried.
• 34:07
  Potentially higher penalties for you and additional points
• 34:10
  against your driver's license so your client currently has a
• 34:13
  restricted. Driver's license.
• 34:14
  Tell me a little bit about what's going on.
• 34:16
  What's happened about a week before his hearing at the
• 34:19
  Secretary of State, he saw hearing officer Harmon Higgins.
• 34:22
  He explained, he told me that he explained it to Harmon Higgins
• 34:25
  that about this pending matter and he's still granted him a
• 34:28
  restricted license. So he showed me a picture of his
• 34:31
  license issued on March 5th. So he has a valid license right
• 34:34
  now and by resolution in this manner he won't have any license
• 34:38
  issues with the Secretary of State that he's grateful for.
• 34:42
  He's going to be in the interlocking bug.
• 34:43
  You've been interlocking your. Yes, Sir, he's.
• 34:45
  Going to interlocking license, caring As for maybe a year
• 34:48
  depending on the time he had before he lost the airlocks so I
• 34:52
  don't know. The sobriety date is November
• 34:54
  1st 2018. Hasn't had any real issues since
• 34:58
  that day. He does have some criminal
• 34:59
  history history before then, but after November 18th he's just
• 35:04
  had some minor issues. Mr. Massey, do you have an
• 35:08
  objection to immediate sentencing?
• 35:09
  No, no. No.
• 35:10
  Any position you're taking? No.
• 35:12
  Objection to plans. Is there anything you'd like to
• 35:15
  say? On your own behalf, Sir, before
• 35:16
  I sentence you, you got lucky. I'm.
• 35:21
  Really glad to see that you were able to complete the process, go
• 35:23
  through the hearing, and still be granted an opportunity to
• 35:25
  have a restricted driver's license.
• 35:28
  This plea offer will. Definitely allow you to continue
• 35:31
  on the path that you're on, but I know you recognize all.
• 35:33
  Of the work. That's gone into getting the
• 35:35
  license back. So hopefully you will follow.
• 35:38
  Any and all restrictions that are coming along with the
• 35:41
  ability to drive very carefully and I'm going to just simply
• 35:45
  impose fines and costs today. The fact that you were able to
• 35:47
  continue on the path that you had started before this happened
• 35:52
  is good. Could have definitely
• 35:55
  jeopardized that. So don't do anything that could
• 35:57
  potentially jeopardize all of the work that you've put into
• 35:59
  getting a restricted license. I will impose a set fine for the
• 36:03
  misdemeanor of 200 and. $65. That's much lower than if I were
• 36:07
  to impose a $500 fine, $300 in court costs, and 1:25 for state
• 36:11
  fees. So your total for the
• 36:12
  misdemeanor is 260? 5.
• 36:14
  Plus you'll have to pay the $200 to one fraction.
• 36:17
  I don't believe that you posted a bond.
• 36:19
  I'm going to give you 60 days to pay these in full, Will.
• 36:22
  You be able to do. That yes, ma'am.
• 36:24
  All right. Please go to the front counter.
• 36:25
  I'll call you shortly. To go over.
• 36:26
  Everything with you. Thank you very much.
• 36:28
  Thank you. Have a great day.
• 36:30
  Thank you too. Grandma TCF, thank you for the
• 36:33
  $5. And Lindsay, good morning to you
• 36:36
  and thank you for the 499. Very much appreciate all of
• 36:39
  that. Let's go to Judge Oakley.
• 36:45
  Yes, yes. If you lucky, are you going to
• 36:54
  make an appearance on this one or I don't need?
• 36:57
  To but Jacob Lucky appearing on behalf of the people.
• 36:59
  P88. 400. Andy Satchwell P85689-ON behalf
• 37:04
  of Mr. Cox, Mr. Cox, can you please state your name for the
• 37:06
  record? Yes, Joseph Cox, thank you.
• 37:09
  What do we got? Your Honor, we are requesting an
• 37:13
  exam in this and if that. Could be on the. 12th I would
• 37:17
  appreciate it. I have.
• 37:18
  A. Funeral service next week.
• 37:20
  So I'm not. Available.
• 37:22
  We'll check it out the. 12th. We are.
• 37:25
  It does. It's 10. 15. 10:15 on the 12th.
• 37:29
  That sounds good, and I'm just verifying that I've.
• 37:32
  Got hold on. Hold on, Heather's.
• 37:34
  Wrong. It's 11. 301130.
• 37:38
  OK. All right, Bond will be
• 37:44
  continued. Where's that at?
• 37:46
  Yes, thank you. That's live my courtroom.
• 37:52
  All right. We'll see you.
• 37:53
  Then Mr. Katz. We'll see you in a couple weeks.
• 37:55
  All right. Thank you.
• 37:57
  Have a good day, Anna. Maybe lucky I have paper but not
• 38:00
  digital so you could send that over.
• 38:02
  Thank you so much, Have a good day.
• 38:06
  You as well. Thank you.
• 38:11
  You've seen my hobbies. She's kind of like the world's
• 38:14
  best complexion. Oh, notes, notes.
• 38:49
  They're sitting now saying he was he was next door.
• 38:54
  I can't remember where it was at, but he was here the week
• 38:56
  after somebody said his. I was pretty swallow.
• 39:08
  Everything is so spotty this morning with these judges.
• 39:11
  It's all fits and starts. It's let's get rolling and then
• 39:14
  they like walk away or things go silent.
• 39:15
  It's kind of crazy. Hopefully that improves.
• 39:18
  Let's go back to Judge McGinnis. New contestant there all.
• 39:23
  Right, let me see your name for the record.
• 39:25
  Mark, Liz are. You still using a mailing
• 39:27
  address on Hickory Blue's drive in Clinton Township apt #6?
• 39:31
  Yep. So it's just.
• 39:33
  Trying to get a sense of what's happening here today is the date
• 39:37
  and time that has been set for a pre trial that she's ever
• 39:42
  actually arranged on the bench warrant that was in place.
• 39:45
  Did you appear for any sort of arraignment or did you file an?
• 39:48
  The arraignment was always when we came for the arraignment, it
• 39:51
  came to the counter and then the they told.
• 39:53
  Us when the agreement was. Waited.
• 39:56
  Because you filed an appearance. Yeah, sure.
• 39:58
  OK, So we can discuss how we'll proceed if the court needs to
• 40:02
  consider any bond conditions. At this point, it does look like
• 40:04
  the bench warrant set aside. But I don't have any information
• 40:08
  that would indicate to me that potential bond was addressed for
• 40:13
  the case while it's pending. We'll proceed with the pre trial
• 40:16
  today. And it does look like the
• 40:17
  parties who had a discussion and may have pre tried the matter.
• 40:20
  If the people are making an offer to Mr. Elias, could you
• 40:23
  please place it on the record? Yes, we've.
• 40:24
  Got a kind of allowing a licensed.
• 40:26
  Driver of drug, We're going to preach that.
• 40:28
  Charge and court accepts. We will dismiss through it.
• 40:32
  Is that how your? Client would like to proceed
• 40:33
  today. All.
• 40:35
  Right. Please raise your right hand,
• 40:36
  Sir. Do you swear or affirm to tell
• 40:38
  the truth, the whole truth, and nothing but the truth?
• 40:40
  All the truth. I'm sorry, I couldn't understand
• 40:45
  that. Like I drew everything but I
• 40:47
  think. So that is.
• 40:49
  A yes tell. The truth?
• 40:51
  Yeah, I will tell everything. OK.
• 40:53
  Thank you. Sir, did you hear and understand
• 40:56
  the? Plea offer that.
• 40:58
  Has been stated on the record by the people.
• 41:03
  So I just want to ask one quick question.
• 41:05
  Because for some reason at some point this case was designated
• 41:08
  as a case that required an interpreter.
• 41:10
  Do we think that that's necessary?
• 41:12
  I don't know why, OK. I just want to make sure because
• 41:16
  we have made that decision at some point.
• 41:18
  It does look like it was removed for today's date, but I just
• 41:20
  want to make sure that that's correct.
• 41:23
  OK. So did you discuss your case
• 41:25
  with your attorney and did the two of you review this document
• 41:29
  here? Yes.
• 41:30
  Did you go through this document with your attorney and answer
• 41:33
  the questions truthfully? Yes.
• 41:35
  After you reviewed this document with your attorney, did you sign
• 41:38
  toward the bottom of the second page?
• 41:39
  Yes. Now do you understand that the
• 41:41
  maximum penalty that could be imposed by the court for this
• 41:45
  offense that you're going to plead guilty to, it could be up
• 41:47
  to 93 days in jail, two years of probation and or a fine of up to
• 41:51
  500 dollars 500. Dollars.
• 41:54
  So you understand that all of those things could potentially
• 41:57
  be part of a sentence And do you understand that if you are on
• 42:01
  probation or parole to another court or jurisdiction of guilty
• 42:05
  plea that you give to the court in this case, it could
• 42:07
  negatively impact your status somewhere else?
• 42:10
  Do you understand that as you appear before the court today,
• 42:13
  you have the constitutional right to challenge the original
• 42:16
  charge at a jury trial? Did you go through?
• 42:19
  With your attorney each one of the rights that you would be
• 42:21
  able to exercise if you went to a trial and do you understand
• 42:25
  that if I accept your. Plea today you will be.
• 42:26
  Giving up your right to go to trial?
• 42:29
  Has anyone promised you anything or threatened you in any way to
• 42:32
  plead guilty? Could you speak up?
• 42:34
  Yes. I'm doing.
• 42:36
  OK, so I just we have to record your answer so I can see that
• 42:40
  you're shaking your head like this, but I need to have a very
• 42:43
  clear yes or no. So let me just ask you this
• 42:46
  question one more time. Has anyone promised you anything
• 42:50
  or threatened you in any way in order to get you to plead guilty
• 42:53
  against your will? Yes.
• 42:56
  Someone promised you or threatened you?
• 42:58
  No. No worry.
• 42:59
  OK. And is it your own choice to
• 43:02
  plead guilty today? Do you understand that if I
• 43:05
  accept your plea today, if you change your mind later on and
• 43:09
  want to try to appeal your plea, take it back?
• 43:12
  The only way you can do that is if you're given permission to do
• 43:15
  that from the higher court. Do you also understand that upon
• 43:19
  entering a guilty plea today, you could give up certain rights
• 43:23
  or issues on an appeal that you would have automatically had if
• 43:27
  you had gone to trial? Yes.
• 43:31
  Knowing all of this, is it still your decision to proceed with a
• 43:34
  guilty plea? So I need to take your attention
• 43:38
  back to the date of the offence. So this would have been May 7th
• 43:42
  of 2025. Do you remember that day?
• 43:45
  So the ticket alleges that you were in the city of Troy, MI in
• 43:49
  the. Area of West.
• 43:51
  Big Beaver Rd. at or near the Huntington Bank.
• 43:55
  You remember that the ticket alleges that you allowed an
• 43:59
  unlicensed person to operate your motor vehicle.
• 44:02
  Do you plead guilty or not guilty?
• 44:05
  Are the attorneys satisfied with the taking of the plea?
• 44:08
  Satisfied. I am satisfied as well.
• 44:10
  I will accept your guilty plea. In exchange for your plea, I
• 44:14
  will grant the. People's motion to dismiss.
• 44:16
  The original charge which would have carried higher penalties
• 44:19
  for you. It also likely.
• 44:20
  Would have suspended your license.
• 44:22
  I can see your client has a valid driver's license now.
• 44:25
  What would you like to say on his behalf?
• 44:28
  Yes, yeah, I know. I mean the defendant where he
• 44:30
  accepts full responsibility. This was a poor judgment on his
• 44:33
  behalf at the time and it's been over a year.
• 44:37
  He hasn't had any any tickets since then.
• 44:41
  He apologized to the court as well as.
• 44:43
  To the officers. In the case he's 32 years old,
• 44:46
  he supports himself. This.
• 44:47
  Was a mistake and she promised that he will never, you know, be
• 44:51
  more cautious when he's driving. Luckily in this case there was
• 44:55
  no accident, no injury, no alcohol related men and.
• 44:58
  We asked for. Minimal non no jail sentence
• 45:01
  consistent with this. Application OK, Anything from
• 45:05
  the people? No objection to just Pfizer
• 45:08
  costume. And Sir, would you like?
• 45:09
  To say anything on your own behalf before I sentence you.
• 45:12
  No, thank you so much. I appreciate that.
• 45:14
  OK, I am going to impose fines and cost only, no jail or
• 45:18
  probation because of the fact that you've obtained a driver's
• 45:21
  license at this point. You've been up before the court
• 45:24
  on a couple of occasions and I think you might have forfeited a
• 45:27
  few bonds as well because you didn't appear.
• 45:30
  So it's been an expensive endeavor for you, but at this
• 45:33
  point I would like to recognize the fact that you have the
• 45:36
  license, your driving record is not great.
• 45:39
  So you really have to be driving with the utmost care and caution
• 45:43
  and pay attention to all of the rules of the road to avoid
• 45:46
  additional tickets. But for today's purpose, I will
• 45:49
  impose a fine and court cost a consistent with our set fine of
• 45:53
  265. So that will be the total.
• 45:55
  I do believe you posted a bond in January that may be able to
• 45:59
  be applied to this. So we'll ask that they do that
• 46:02
  if they're able and then you'll pay the difference within 30
• 46:05
  days. It should be a very small
• 46:06
  difference if they can a private bond.
• 46:08
  Do you have any questions? All right, that's it for today.
• 46:12
  Thank you. Thank you.
• 46:13
  Thank you. So reminder for tonight,
• 46:23
  friends. Sidebar, 8:00 PM Eastern, 5:00
• 46:25
  PM Pacific with Dan and the crew and the TCF gang.
• 46:28
  We'll chat through the cases and see what they bring.
• 46:30
  No scripts, no AI, just real folks like you.
• 46:33
  So hop on the sidebar, we'll see you there too.
• 46:37
  Speaking of Doctor Seuss and Lindsay, $5 * 2 thank you.
• 46:42
  Ashley, thank you for the $5. And Todd, thank you for five.
• 46:46
  And Lindsay, thank you for 499 more.
• 46:51
  So what does that put us at? We're at 9 out of 10 almost
• 46:55
  there already. And we haven't even cracked the
• 46:56
  first hour. Thanks, guys.
• 46:58
  I really appreciate it. And this is one of those fun,
• 47:00
  stupid Dan tricks that I do. So it's, it's cool.
• 47:04
  Let's go. Let's go back to Judge Oakley
• 47:08
  and see if he can last more than 30 seconds this time.
• 47:11
  Yeah, yeah. All right.
• 47:13
  Counsel your appearance for, or actually both of you,
• 47:15
  appearances for Brittany Stevens.
• 47:18
  Good morning, Your honor. Jacob Lecky appearing on behalf
• 47:20
  of the people. P88400.
• 47:22
  Good. Morning, Ron, but give on behalf
• 47:26
  of the 361917 Stevens. Hey, Stevens, good morning.
• 47:30
  You need a jury trial date. All right, we're looking.
• 47:35
  Just a. Couple of matters House
• 47:37
  speaking. I've heard you spoke to the
• 47:38
  prosecutor about this. There are 4 body.
• 47:40
  Cam. Videos that I'm assuming here
• 47:43
  may not be evidence. Those body Cam.
• 47:45
  Videos do contain some discussion of things that are
• 47:48
  inadmissible prior bad acts, and some of those things I've
• 47:52
  discussed it with the prosecutor.
• 47:54
  I'm going to try to get some sort of resolution in regards to
• 47:56
  trying to redact those portions. OK Or I suppose probably could
• 48:00
  file a motion for prior bad acts, but either way, we're
• 48:03
  going to be working. OK, that's fine. 28.
• 48:09
  Or. June 29.
• 48:14
  Is that June Heather, I'm. Sorry.
• 48:16
  May 28th, June 29th already. Zapped on May 20th.
• 48:20
  OK. But I have.
• 48:23
  A nice both of those dates I'm in trial.
• 48:28
  Well, you better be in trial with us on May 28th because it's
• 48:31
  your case. I can't, Mr. Mays.
• 48:36
  And you and Miss Johnson. I'll.
• 48:41
  Set to. My home?
• 48:42
  Hold on May, he's doing the best.
• 48:48
  That's on the info. It's yours, Mr. Lackey.
• 48:55
  May 28th. May 28th.
• 49:00
  OK, I'll have to get someone to cover.
• 49:01
  I don't have. I don't know why I don't have
• 49:02
  it. OK.
• 49:05
  So. Which case is that?
• 49:13
  Is that Wilma? I have.
• 49:21
  Thursday, July 2nd. Thursday, July 2nd, gentlemen.
• 49:29
  July 2nd. Works.
• 49:36
  I was waiting for Joe to invite me out to the lake, but.
• 49:44
  OK, fine. Will be continued.
• 49:46
  That gives you plenty of time to work out your video issues.
• 49:49
  All right, ma'am, just have a seat.
• 49:53
  We'll get you paper notice any. Additional and then I'm.
• 49:57
  Just going to do a. Scheduling order a couple of
• 49:59
  weeks ahead of time. That'll explain everything.
• 50:02
  Appreciate it. Yeah, Thank you.
• 50:04
  You're welcome. OK friends, we made the goal.
• 50:09
  Thank you so much, Lindsay, Thank you for five more.
• 50:12
  Nina, thank you for five. Mike, thank you for three, and
• 50:15
  Ashley, thank you for another 5. So I'm going to get busy this
• 50:19
  afternoon and do some writing. I will obviously write the
• 50:24
  opening ahead of time, but what I'm going to try to do for
• 50:26
  tomorrow is I'm going to try to write the closing in real time
• 50:31
  and make it relevant to what we saw during the show.
• 50:35
  So that will be what we will do tomorrow.
• 50:37
  And I appreciate it. Thank you, guys.
• 50:40
  Thank you so much. All right, let's since once
• 50:45
  again, Judge Oakley has walked away.
• 50:47
  Everybody's like walking away this morning, you know, or, or
• 50:51
  pausing or taking breaks or, I don't know.
• 50:53
  It's weird today. Let's go.
• 50:55
  Let's go back to Judge McNally, though.
• 50:57
  He just came back. Good morning, Sir.
• 51:01
  Your name? James Sliber.
• 51:04
  All right, You're going to plead responsible to impeding traffic
• 51:08
  and they are going to dismiss the original charge of speeding.
• 51:12
  Correct. To that charge of impeding
• 51:15
  traffic. Responsible or not responsible?
• 51:19
  Responsible. I'll accept your plea.
• 51:20
  Dismiss the speeding. 150 is your total, you know, right down
• 51:24
  to the cashier. Thank you.
• 51:26
  Have a good day. Thank you.
• 51:27
  All right, Kathy Mohammed Salah 26647753 Good morning, ma'am.
• 51:38
  Your name. All right, so you went into
• 51:43
  default, filed a motion to set aside the default judgment.
• 51:52
  You posted a bond, they met with you and you were going to plead
• 51:56
  responsible to impeding traffic, correct?
• 51:59
  Do that charge responsible or not responsible?
• 52:03
  All right, you got a couple 3 on here, so 180 is your total.
• 52:10
  You have a bond of 165. Go down the hall, apply the
• 52:15
  bond, pay the other $15, and you're all set.
• 52:18
  OK, Good luck. Default judgment set aside on
• 52:22
  that feather. Default judgment set aside.
• 52:26
  Austin, 8 months of being a TCF member.
• 52:29
  Thank you so much for all the support you've given.
• 52:32
  And you can see Austin tonight on sidebar, which we just talked
• 52:35
  about. 8:00 PM Eastern, 5:00 PM Pacific's right here on this
• 52:38
  channel, so join us there. To impeding traffic.
• 52:42
  Correct. Do that charge responsible or
• 52:45
  not responsible. I'll accept your plea.
• 52:49
  It's a first offense. 150 is your total.
• 52:52
  You're all set. Go down the hall and take care
• 52:53
  of that. Thank you.
• 52:54
  Best of luck people against Bommia Richard James Bommia
• 53:00
  26B15 O 491 your name. You're going to plead to
• 53:10
  impeding right to that and then the failure to yield causing an
• 53:14
  accident will be dismissed, correct.
• 53:17
  Do that charge of impeding traffic responsible or not
• 53:20
  responsible. All right, so it says no
• 53:23
  injuries, vehicles drivable 195's your total.
• 53:27
  Be careful though, OK good luck. The original charge is
• 53:30
  dismissed. People against Maxwell, Jacob
• 53:33
  Anthony Maxwell 26B150524A and B.
• 53:46
  Good morning. Your name.
• 53:51
  All right, so you're going to plead to a impeding traffic, the
• 53:54
  careless will be dismissed. You're also going to plead to
• 53:57
  the equipment violation, true. All right, to that check to the
• 54:07
  impeding traffic on file A responsible or not responsible,
• 54:12
  and to the equipment violation on file B, responsible or not
• 54:17
  responsible. Got to be careful.
• 54:34
  You understand what I'm saying. Got you going on the squealing
• 54:39
  tires. You went on the oncoming traffic
• 54:41
  lane according to the report. All right, Alex, So again, I'll
• 54:47
  accept the plea to impeding 245 on that one, and I'm going to
• 54:50
  accept the plea to equip equipment violation and that one
• 54:54
  I'll charge you $135. You can go down the hall and pay
• 54:59
  those 260. You're all set.
• 55:01
  Good luck. I mean 360.
• 55:03
  I'm sorry, people against columns.
• 55:14
  Devin Tyler Collins, 225-B149773A.
• 55:24
  Good morning. Your name.
• 55:25
  All right, Mr. Collins, you are on probation and I have a charge
• 55:31
  here that alleges that you violated probation.
• 55:33
  I pled you. I placed you on probation, on
• 55:36
  the charge of operating while impaired, January 29th of 26.
• 55:42
  This charge, which would be your first technical violation,
• 55:46
  alleges that you did failed to refrain from consuming alcohol
• 55:51
  or drugs, testing positive for cocaine on an April 126 chemical
• 55:56
  test. You understand the charge, You
• 55:59
  plead guilty or if you're found guilty, you could get 5 days in
• 56:03
  jail. Do you understand that?
• 56:05
  And did you sign, read and understand the advice of rights
• 56:08
  form here today? You plead guilty, you'll be
• 56:11
  giving up both of those rights and we are not going to have a
• 56:13
  hearing of any kind. Do you understand that?
• 56:17
  All right, you do have the right to an attorney.
• 56:19
  If you cannot afford one either way, I'll be glad to appoint you
• 56:22
  one at public expense. Do you understand that?
• 56:24
  Yes, Sir. Would you like an attorney?
• 56:27
  I'm going to enter a not guilty plea.
• 56:30
  I will give you a lawyer. We'll set you up with the
• 56:34
  probation lawyer that just arrived and we'll go from there.
• 56:40
  You also have AB file by the way, where you pled the
• 56:44
  possession of a controlled substance and the same thing
• 56:48
  exists on that. That would be a first violation
• 56:51
  and that probation could you could have, you could receive 5
• 56:55
  days to complete guilty or found guilty of this offense.
• 56:58
  And since it was taken under Section 7411, which I explained
• 57:03
  to you previously, that 7411 status could be revoked the
• 57:06
  conviction and you would be subject like I said to new
• 57:10
  sentencing and up to A5 day jail term.
• 57:13
  All right, any questions before I give you your All right, go
• 57:20
  out in the hallway. We'll set you up with him in
• 57:21
  turn. And he will he will speak to you
• 57:25
  and then you'll both come in together.
• 57:26
  OK. Thank you.
• 57:42
  Morning, Miss Swiss Marlin. Hey, good morning, Joe.
• 57:44
  How are you? Good.
• 57:45
  Thanks about yourself. Good, good.
• 57:47
  Best here. Tischoff, Jenna Jolene Elizabeth
• 58:03
  Tischoff, 26-F2459495-O. Good morning, ma'am.
• 58:09
  Your name. All right, So that was the
• 58:14
  probation attorney. You are charged with driving
• 58:21
  without due care and caution. There was an accident that both
• 58:24
  vehicles were drivable. You have the right to meet with
• 58:28
  the department Rep. We did do that.
• 58:30
  He's indicating both vehicles were drivable and there were no
• 58:34
  injuries. This says you are going to plead
• 58:36
  responsible to impeding traffic. Is that how you wish to proceed?
• 58:40
  Yes, Sir. To that charge of impeding
• 58:42
  traffic. Responsible or not responsible?
• 58:45
  Original charge was dismissed. 195 cash.
• 58:49
  You rented the hall to your right.
• 58:50
  OK Be careful, please. Suzette, Kennedy W 26 F 246992.
• 58:58
  George, I believe that she came up to the window and just paid
• 59:01
  that. We were told there was no deal
• 59:02
  on that and she came up to the window it was going to pay it.
• 59:05
  OK, I'll just make a note. The Fed an accepted
• 59:08
  responsibility paid ticket that was a charge of impeding
• 59:14
  traffic. Wits, Chad Austin Wits,
• 59:17
  2615-O245. All right, good morning.
• 59:30
  Your name. You are going to plead the
• 59:32
  prohibited parking. True to that charge, responsible
• 59:36
  or not responsible, please accept it $85 You are all set.
• 59:42
  Have a good day. Original charge is dismissed.
• 59:45
  People against Steven Chartrand, 26, W 41988.
• 1:00:00
  Your name. Steven Chartrand.
• 1:00:02
  All right, you are going to plead responsible to impeding
• 1:00:06
  traffic. They're going to dismiss the 80,
• 1:00:08
  the 75 and 70. They got you at 85 and 70.
• 1:00:12
  Correct to that charge of impeding traffic.
• 1:00:15
  Responsible or not responsible plea is accepted. 155 if your
• 1:00:20
  total care if you're under the lights, You're right.
• 1:00:23
  Good luck. I'm dismissing the limited
• 1:00:25
  access charge. Jonathan Samuels, 267841995 All
• 1:00:35
  right, your name. All right.
• 1:00:38
  They're dismissing us. You got to have your plate up to
• 1:00:42
  date, though. You follow me.
• 1:00:45
  I mean, a lot of them wouldn't be there.
• 1:00:46
  Something along with it. It's a it's an expired plate and
• 1:00:50
  says it was 2 weeks old and you renewed it.
• 1:00:53
  So I'll go ahead and dismiss that on their motion.
• 1:00:56
  You're all set. Good luck.
• 1:00:58
  Alicia Hartner 268841996 Your name, ma'am.
• 1:01:15
  First phone is got to take it out of here.
• 1:01:17
  Get it out of out of the building, please, Sir, you got
• 1:01:20
  to take. Your hat off till you leave the
• 1:01:21
  quarter. Ma'am, you got to be careful.
• 1:02:11
  I'm not sure I should take this. You got one of the Romulus that
• 1:02:16
  was an impeding traffic. We I generally go back seven
• 1:02:23
  years. Hopefully that I have not seen
• 1:02:27
  any violations and. I know, but you've got you've
• 1:02:30
  got you got your record looks bad.
• 1:02:32
  You realize that, right? You got one in 20 a speed.
• 1:02:36
  You got another one in 20. Hang on, let me finish.
• 1:02:38
  You got another one in 21 impeding that they probably
• 1:02:42
  wrote you for something else with or you plug to impeding.
• 1:02:45
  Then you've got a speeding in 21.
• 1:02:48
  You got a speeding in in 22 and now you've got this one.
• 1:02:54
  I drive for a living slope so I've kind of maintained that
• 1:02:58
  since. I'm not sure you qualify for
• 1:03:02
  this. I'm.
• 1:03:09
  Going to do it for you because I'm not going to make
• 1:03:11
  assumptions on what happened on the other one, but you're going
• 1:03:14
  to pay $195 to the charge impeding traffic, responsible or
• 1:03:18
  not responsible. Responsible everybody else that
• 1:03:21
  I be able to pay $100 today and in two weeks 30 meters one. $100
• 1:03:25
  due now. Total is 195, and you'll come
• 1:03:29
  back on May 11th. If you see my name on the ticket
• 1:03:32
  next time you get 1 here. You live in Woodhaven.
• 1:03:36
  You might want to consider I'm not taking impeding.
• 1:03:39
  OK, you got to slow down. All right.
• 1:03:42
  You too. Kenneth Talton, junior 26647651.
• 1:03:48
  Kenneth Talton. They didn't offer your name,
• 1:03:57
  they didn't offer you impeding traffic or what they did.
• 1:04:01
  You don't want to do that that. Was the speed.
• 1:04:04
  They got you going 38 and a 25. It's OK.
• 1:04:08
  I mean, I'm not trying to talk you into it if you don't think
• 1:04:11
  you were. Hang on, let me just finish
• 1:04:12
  here. I don't have a problem.
• 1:04:16
  If you don't think you were speeding, you shouldn't plead to
• 1:04:18
  anything. I'm only telling you that if you
• 1:04:21
  go to a hearing and you lose, you're going to get a point
• 1:04:23
  added to your traffic record. You've got a clean record now.
• 1:04:30
  Well, you got a 38 and a 25. I'm just telling you, if you
• 1:04:34
  think you were going 25 on Grange, that's fine.
• 1:04:38
  Yeah. My only problem is he he he was
• 1:04:43
  before, unless I was Angela. I feel like it's if you think,
• 1:04:47
  if you think you weren't speeding range is hard to go 25
• 1:04:52
  on. I'm not going to lie to you.
• 1:04:55
  It's hard to go. It's hard to go 25 on Grange.
• 1:04:59
  If you want a hearing. I'm not trying to talk you out
• 1:05:01
  of it. I want to be clear about that.
• 1:05:02
  I'm I'm. Coming before you.
• 1:05:05
  You're coming before me. You sound like you convinced
• 1:05:11
  that I'm guilty of. I'm just saying they got you on
• 1:05:13
  radar going 38 and 25. I'm not convinced anything.
• 1:05:18
  I'm just trying to caution you. You want to go to a hearing and
• 1:05:21
  you lose. You're going to have a point.
• 1:05:23
  I'm not convinced of anything. You want to have a hearing.
• 1:05:27
  I'll be glad to give you a hearing.
• 1:05:28
  I'm not trying to talk you out of it.
• 1:05:29
  I just don't. You want it.
• 1:05:30
  And I don't want you to be blindsided here because if you
• 1:05:33
  lose, you got a conviction on your record with a point.
• 1:05:36
  You want to set it for informal because you don't think you were
• 1:05:38
  speeding? No problem.
• 1:05:42
  I have no issue with that. What's the?
• 1:05:44
  5. I'm not going to negotiate with
• 1:05:47
  you. I'm reason I'm not.
• 1:05:51
  I'm not. I'm not going to negotiate with
• 1:05:53
  you, OK? I know you're asking.
• 1:05:57
  This is a hard $35 ticket on my on a first offense with a clean
• 1:06:02
  record. I generally, in fact, I don't
• 1:06:05
  generally charge, I would charge $150.00.
• 1:06:11
  So that's as close as I'm going to come to talk to you about it
• 1:06:15
  otherwise. But if you want a hearing, I'm
• 1:06:17
  not. Please, Sir, I'm not trying to
• 1:06:19
  talk you out of it. They're not always right.
• 1:06:23
  That's fine. You you want to think?
• 1:06:25
  About it? No.
• 1:06:32
  I I, I want to make sure that's what you want to do.
• 1:06:34
  Why don't you sit down and take a take a minute to think about
• 1:06:37
  it, OK? And then I'll call you.
• 1:06:39
  I will not keep you. There you go.
• 1:06:40
  If I'm coming back before you, I'm ready.
• 1:06:44
  But listen, don't make it sound like I'm not fair because I, I'm
• 1:06:48
  fixed, all right? So you don't have to.
• 1:06:51
  I'm just telling you that somebody signed a ticket, an
• 1:06:54
  officer on the road saying that you were going 38 and a 25,
• 1:06:58
  that's all. And you don't have to be going
• 1:07:00
  38. If I'm convinced you're going 26
• 1:07:02
  and a 25, you're going to be convicted of us.
• 1:07:04
  Say. I already felt, I already felt
• 1:07:06
  it. So I just played fine.
• 1:07:10
  Played fine. Listen, don't play this
• 1:07:15
  psychology. Let let me.
• 1:07:18
  Let me. Let me stop.
• 1:07:23
  I'm going to be fair. That's what I do.
• 1:07:27
  But I don't know. Oh, you're already.
• 1:07:29
  No, no, no, no. I'm not convinced of anything.
• 1:07:32
  I'm just telling you. I got a police officer here.
• 1:07:35
  I got a clean rack, dude. I got a signed a ticket on the
• 1:07:38
  Rose City. You were going 38 by 25.
• 1:07:41
  He might be crazy. Maybe we're going 3 and a 25.
• 1:07:44
  I don't know. I don't want to deter you and I
• 1:07:48
  don't want, but I don't want to hear this stuff.
• 1:07:50
  I'm coming in front of you. You're already convinced.
• 1:07:52
  Please don't play that psychological garbage with me.
• 1:07:54
  I don't want to hear it. I'm just trying to be fair with
• 1:07:57
  you so you understand the consequences.
• 1:08:00
  If you want to go with a hearing, I'm going to be fair
• 1:08:03
  minded. I'm going to listen to what he
• 1:08:05
  has to say, I'm going to listen to what you have to say and I'm
• 1:08:08
  going to make a determination. I just want you to understand
• 1:08:12
  that if you lose, you don't get impeding.
• 1:08:14
  That's what I'm trying to tell you.
• 1:08:16
  That's what they call plea bargaining.
• 1:08:19
  Sit down and have a seat for a minute and think about it.
• 1:08:23
  Sit down. No, you want to go with the
• 1:08:25
  hearing? Want to go with the MP?
• 1:08:27
  No, I don't. You haven't thought about it
• 1:08:29
  enough. Sit down and think about it.
• 1:08:31
  Sit down and think about it. I don't want you to walk out of
• 1:08:34
  here or anybody else. To walk out of this building and
• 1:08:38
  say the guy wasn't fair with me. That's not what I'm about.
• 1:08:41
  I'm trying to be fair with you. That's why I told you what was
• 1:08:44
  up. Yes, Sir.
• 1:08:45
  Have a seat. I'll be right back with you.
• 1:08:47
  I promise you I'm not going to punish you by keeping you here.
• 1:08:50
  Joshua Aaron Frost 26647510. Your name, Sir.
• 1:09:05
  OK, the child has to go out of the courtroom.
• 1:09:08
  Please. I love children, but I can't
• 1:09:11
  have them in here yelling and screaming your name.
• 1:09:17
  You're going to plead to impeding right?
• 1:09:19
  Responsible or not responsible. Disobeyed Traffic signals
• 1:09:23
  Dismissed one 50's the total cashing under the hall.
• 1:09:28
  You're all set. Good luck.
• 1:09:29
  Amanda Marie Frazier, 26. T 647975.
• 1:09:39
  Your name. Amanda.
• 1:09:41
  Frazier, good morning. You're going to plead to
• 1:09:43
  impeding correct? You've got a clean record to
• 1:09:46
  that charge. Responsible or not responsible?
• 1:09:49
  Responsible. Please accept it.
• 1:09:51
  Amber light charges dismissed one 50s your total.
• 1:09:55
  You're all set. Go down to the cash or make your
• 1:09:57
  payment. Best of luck to you people
• 1:10:00
  against Michael Andrew Depew, 216648 O 63.
• 1:10:12
  Good morning. Your name.
• 1:10:14
  You're going to plead to impeding traffic, right to that
• 1:10:18
  charge. Responsible or not responsible?
• 1:10:21
  All right, Please, please accept it. 155 pass.
• 1:10:25
  You're into the hall to your right.
• 1:10:26
  You're all set. Have a good day.
• 1:10:28
  Good luck to you people against Hussein M Boom Rod 26B15 O 748.
• 1:10:48
  Good morning. Your name.
• 1:10:50
  You're going to plead to impeding traffic, correct to
• 1:10:54
  that charge. Responsible or not responsible?
• 1:10:57
  All right, you got to be careful.
• 1:10:58
  OK? 170 is your total.
• 1:11:01
  You got a couple entries on here.
• 1:11:03
  Be careful. All right, Cash, you're into the
• 1:11:05
  hall to your right and you're all set.
• 1:11:07
  Thank you. People against.
• 1:11:10
  Can you put that back in here? People against Shrivastava Aman
• 1:11:17
  Shrivastava 268842165-A and B. Oh, Judge, she's on Zoom.
• 1:11:26
  Somehow he got back into a breakout room.
• 1:11:28
  I'm trying to get him out. OK.
• 1:11:35
  There he is. Good morning, Sir.
• 1:11:37
  Your name. My name is Aman Srivastava.
• 1:11:41
  All right, so you want an informal hearing?
• 1:11:45
  Yes, Sir, I wanted that. But I was trying to explain to
• 1:11:50
  the to the prosecutor before. It's not, it's not the
• 1:11:54
  prosecutor, it's a department, right?
• 1:11:57
  Yes, I was speaking with them, I mean with him, and I was
• 1:12:01
  explaining that I had 160 slaughter hogs with me when I
• 1:12:04
  was traveling with Slow. Down, slow down.
• 1:12:06
  Slow down, slow down. You were explaining to him what?
• 1:12:10
  I had a live load of 160 slaughter hogs.
• 1:12:14
  I had livestock on board and I had like everyone was breaking
• 1:12:18
  in front of me very hard. So I had to go in the left lane
• 1:12:21
  to momentarily pass the traffic. I was not.
• 1:12:23
  Travelling. You didn't want to take what he
• 1:12:25
  offered you, right? He offered me like like out of
• 1:12:29
  two tickets 1 ticket does not make sense because I had.
• 1:12:31
  Insurance. Slow down, slow down, he
• 1:12:34
  offered. You what?
• 1:12:35
  He offered me impeding traffic ticket.
• 1:12:39
  OK. If you don't want to do that,
• 1:12:41
  that's fine. You got a commercial vehicle
• 1:12:43
  license, right? All right, well, he's got you in
• 1:12:47
  the left lane, it sounds like, and you can't do that.
• 1:12:52
  So if you want to, if you want to set it in formal hearing, no
• 1:12:56
  problem. Just know that if you lose that
• 1:13:00
  the points are getting assessed on your record.
• 1:13:02
  It's up to you. I just want to add one thing and
• 1:13:05
  if you say. Anything I just want to know is
• 1:13:07
  that what you want to do is set it for informal hearing I'll.
• 1:13:13
  Pay for the impeding traffic. I listen again, I don't care
• 1:13:18
  what you do. These hearings take 5 minutes, 7
• 1:13:21
  minutes if you want to have a hearing.
• 1:13:23
  I'm not trying to dissuade you from that.
• 1:13:25
  It's up to you. I just want you to be aware that
• 1:13:27
  if you are convicted that it's going to go on your record.
• 1:13:31
  That's all. I understand, I understand that
• 1:13:35
  and the only reason I wanted. I don't need to, I don't need to
• 1:13:38
  know your reason. If you want an informal, I'll be
• 1:13:40
  happy to give you an informal. Sir.
• 1:13:42
  It's it's, I'm not trying to talk you out of it.
• 1:13:46
  No, I, I understand that completely.
• 1:13:48
  Yeah, yeah, 100%. Because somebody's kind of just
• 1:13:51
  accusing me in here of trying to talk them out of it, and that's
• 1:13:55
  the last thing I want to do. So do you want me to set up for
• 1:13:58
  informal? Yeah, yeah.
• 1:14:00
  And so no hearing, no hearing. I just want to pay for the the
• 1:14:04
  charge I was offered for. That's all I want to do.
• 1:14:07
  Yeah. I, I'm not sure I, I don't
• 1:14:10
  understand certain words, but I, I do understand I don't want any
• 1:14:13
  hearing. I will go back to the
• 1:14:15
  administration representative who.
• 1:14:17
  Offered I got to I got to send you back to the department Rep,
• 1:14:20
  but I swear to you, I'm not trying to talk you how to go
• 1:14:22
  into a hearing. I I want you to understand that.
• 1:14:25
  Yes. OK.
• 1:14:26
  Yes. That's what I'll do.
• 1:14:29
  I'll send that to the department.
• 1:14:30
  Right. That's got to go back to
• 1:14:31
  Woodhavens. Kenneth Talton, Junior 26, T
• 1:14:35
  647651. Your name.
• 1:14:49
  What have you decided to do? You sure want to make sure,
• 1:14:55
  because I can promise you if you are, if you are accepting
• 1:14:59
  impeding only because you'd think I'm not going to be fair
• 1:15:01
  with you. That's the last thing in the
• 1:15:03
  world that I want. I'm accepting.
• 1:15:11
  You sure? Yes.
• 1:15:17
  You have to go back to the Trenton department, OK, Because
• 1:15:20
  she's written it up like you wanted to hear it.
• 1:15:26
  And that'll give you a couple more minutes.
• 1:15:28
  If you it's your mind or a problem.
• 1:15:30
  I swear to you, I'm not trying to talk to you, John.
• 1:15:32
  This one has to get that to Trenton Rep.
• 1:15:35
  OK. Thank you.
• 1:15:37
  You'll go back and talk to him. Thank you.
• 1:15:40
  Thornton. Lamar Eugene Thornton 24-B7 O
• 1:15:45
  2123 FY. So that has to go back to the
• 1:15:56
  training room. OK.
• 1:15:58
  Do I need to tell him anything? Monitor.
• 1:15:59
  You want some peeing now? Your name?
• 1:16:08
  So here's where we are with this one.
• 1:16:12
  I find you. I placed you on probation for 24
• 1:16:17
  months back on April 28th of 25. You have one prior technical
• 1:16:22
  violation. The charge here is now that you
• 1:16:25
  failed to pay your fines and costs disordered of $1115.
• 1:16:31
  If you plead guilty or if you found guilty, that would be a
• 1:16:34
  second technical violation and you could receive 10 days.
• 1:16:37
  Do you understand that? And did you sign, read and
• 1:16:40
  understand the advice and rights form here today?
• 1:16:44
  Plead guilty, you'll be giving up all those rights.
• 1:16:47
  We're not going to have a hearing of any kind.
• 1:16:48
  You understand that? All right, give me one second
• 1:17:02
  here. All right, You have the right to
• 1:17:13
  a lawyer. I will be happy to provide you
• 1:17:16
  with one at public expense if you would like them.
• 1:17:19
  And you understand that if you plead guilty, you could get 10
• 1:17:22
  days, right? You waive your right to a
• 1:17:24
  lawyer. Is that true to that charge
• 1:17:27
  then, that you failed to pay 1000 one $115.00 your fines and
• 1:17:34
  costs as ordered? How do you wish to plead?
• 1:17:37
  Did you fail to pay your fines and costs as ordered?
• 1:17:40
  Does anybody forced you to plead guilty?
• 1:17:44
  And you're sure you want to waive your right to a lawyer?
• 1:17:48
  All right, What? I'll accept your plea.
• 1:17:52
  I find it to be inaccurate. Plea made voluntarily and
• 1:17:55
  understandingly. The plea is accepted.
• 1:17:57
  Why didn't you come and talk to me?
• 1:17:59
  The most part I was. Handling all my.
• 1:18:02
  The previous one. From my old.
• 1:18:03
  Ticket was stolen on this third so mine got a card authority is
• 1:18:07
  taking care of. Each 11.
• 1:18:09
  At a time. Remember when I told you you
• 1:18:11
  were supposed to pay 50 per week beginning on September the 12th
• 1:18:14
  and slow down? Do you remember when I told you
• 1:18:17
  that? Did you do that?
• 1:18:20
  My probation office, she told me.
• 1:18:21
  To. Focus on.
• 1:18:23
  The call in his probation officer.
• 1:18:25
  What's the name on this home? This is Miss Wilde, Lamar
• 1:18:29
  Thornton. And it's Miss Wilde.
• 1:18:31
  She did. She had.
• 1:18:33
  Told me to pay off. The the brownstone basically you
• 1:18:39
  got. Probation because they were
• 1:18:40
  stolen him. So I was focusing on paying that
• 1:18:44
  and I She gave you extra time and you paid nothing.
• 1:18:46
  Remember when? I remember when I told you you
• 1:18:49
  needed to come talk to me if you didn't have the money.
• 1:18:53
  Yeah. You didn't do that, right?
• 1:18:57
  This is now six months later, right?
• 1:19:00
  Seven months later. I do want to know that I had.
• 1:19:03
  Each quarter of my courts. That.
• 1:19:05
  Sir, do you remember when I told you to come and talk to me?
• 1:19:10
  If you didn't have the money, why didn't you do that brain
• 1:19:16
  with this on another level? Because I was trying to take
• 1:19:18
  care of what she asked me. Well, I thought I would be OK.
• 1:19:22
  With just taking. Care of the.
• 1:19:23
  Probation and getting started and take care of.
• 1:19:26
  You know this is a one year misdemeanor, right?
• 1:19:29
  But I told you to come talk to me.
• 1:19:31
  Why didn't you come and talk to me?
• 1:19:33
  I just, I wasn't thinking about I wasn't thinking about it.
• 1:19:37
  So I just weren't thinking about it.
• 1:19:39
  I was following on. Too.
• 1:19:41
  Many. Ports at the.
• 1:19:42
  Time to where I actually didn't sit down to like, Oh, Thomas.
• 1:19:47
  Is sitting there. Advocating.
• 1:19:48
  Just tell you that I was your name.
• 1:19:51
  Did. You tell him to take care of the
• 1:19:55
  other courts first. He is scheduled to be off
• 1:19:59
  probation. He has a case with Judge Hessen.
• 1:20:02
  He missed his deferred judgment date.
• 1:20:04
  He had just paid that off in the corner for that case and
• 1:20:07
  dismissed. So I did talk to him about
• 1:20:10
  making effort to pay to be able to get the warrants clear that
• 1:20:13
  they had to get cleared as well. So.
• 1:20:16
  I know, but I told him to come and talk to me.
• 1:20:19
  Yes, and I don't want him talking to probation officers.
• 1:20:22
  I don't mind if there's a little leeway, but this one was six
• 1:20:25
  months. He hasn't paid anything on this.
• 1:20:29
  Where do you work? What kind of business?
• 1:20:34
  Mostly. RT and Martin come.
• 1:20:36
  From pain but right now compared to the trailer to the full
• 1:20:40
  trailer. Has he been doing as?
• 1:20:43
  Did he clear all the other warrants?
• 1:20:46
  Yeah, he's got a couple left to go.
• 1:20:48
  Your Honor, We were in court back in September, allotted him
• 1:20:54
  a little bit more time. Every time I hit Lamar, I do run
• 1:20:58
  his record and his he's clearing them as we go.
• 1:21:02
  But it is the money that is surrounding Mr. Thornton in
• 1:21:05
  regards to his ability to just close those out all.
• 1:21:09
  Right now, I want you to listen to me clearly.
• 1:21:15
  I'm going to give you an extension.
• 1:21:19
  I'm going to assess additional cost of only $50, even though
• 1:21:23
  that should be a lot worse. You haven't paid and you didn't
• 1:21:25
  come and talk to me like I told you.
• 1:21:29
  So I'm going to set, let you be the judge.
• 1:21:31
  Now you're going to tell me when you can pay, how much you can
• 1:21:35
  pay on whatever basis that there is, whether it's weekly, bi
• 1:21:38
  weekly, monthly, I don't care. You understand when can you
• 1:21:45
  start to pay on this? Tell you what, I'll just start
• 1:21:54
  having you pay $50 per week and I won't even start it.
• 1:22:00
  I won't even start it until the week from Monday, which is May
• 1:22:06
  the 11th. Now I don't have a problem with
• 1:22:09
  this. If you call the court and say
• 1:22:10
  judge, I don't have the money. You call the court at 8:30 on or
• 1:22:14
  before a due date. They'll set you up on Zoom.
• 1:22:17
  I'll be glad to give you 48 extensions if I need to, but you
• 1:22:20
  cannot ignore me like this. Do you understand that?
• 1:22:24
  I hope you do, because next time I'm not going to be this nice
• 1:22:27
  when Ioffer people that and then they don't come in here.
• 1:22:31
  I don't understand it. So I'm going to do this to you
• 1:22:35
  no more. If you need more time, it's not
• 1:22:38
  an issue. How fair is that?
• 1:22:41
  Good luck. Lisa Prider 267842O63 Thank you.
• 1:22:48
  OK, friends, let's change it up a little bit.
• 1:22:50
  Let's. We haven't been here in a while,
• 1:22:52
  so let's go to Judge Morgan in Wisconsin.
• 1:22:54
  Looks like they've got some kind of motion hearing and they're
• 1:22:57
  going to put a sheriff's deputy on the stand.
• 1:23:00
  So let's see what that's all about.
• 1:23:01
  Heard in The Matters, 20. Antonio Morales, The state
• 1:23:11
  appears through Assistant District Attorney Jose Vela in
• 1:23:14
  person. We have Daniel Chapman, defense
• 1:23:16
  counsel, in person along with Mr. Morales.
• 1:23:20
  We're set today for a motion hearing.
• 1:23:23
  Are you ready to proceed? Yes, your Honor.
• 1:23:25
  All right, Mr. Vela, thank. You.
• 1:23:28
  Thank you. Honor State calls Deputy Jeff
• 1:23:30
  Carroll to the stand. Deputy Carol, can you please
• 1:23:34
  come forward, raise your right hand, You're going to be sworn
• 1:23:36
  in. Then come have a seat at the
• 1:23:37
  witness stand, Please swear that the testimony you're about to
• 1:23:40
  provide today and this matters. The truth, the whole truth and
• 1:23:43
  nothing but the truth. All
• 1:23:58
  right, You made it. Can you please state and spell
• 1:24:01
  your name? For the record, my name is Jeff
• 1:24:04
  Carroll, last name spelling Carroll.
• 1:24:09
  And how are you currently employed?
• 1:24:11
  I'm currently employed by the Burnett County Sheriff's
• 1:24:13
  Department. Were you employed on that
• 1:24:15
  capacity on January 1st, 2026? Yes, I was.
• 1:24:19
  Did you receive any training prior to becoming a law police
• 1:24:22
  officer? Yes, I did.
• 1:24:24
  What was that training? The 720 hour law enforcement
• 1:24:28
  Academy in Northwood Technical College.
• 1:24:30
  And was any of that training focused on the detection of
• 1:24:33
  alcohol? Yes, on January 1st of 2026.
• 1:24:37
  Did you respond to a call about a vehicle in a ditch?
• 1:24:40
  Yes I did. Where did you respond to?
• 1:24:42
  I responded to County Road D as in David near Cemetery Rd. in
• 1:24:46
  Wood River Township. Is that area located in Burnett
• 1:24:48
  County? Yes it is.
• 1:24:50
  After arriving on scene, did you make any observations?
• 1:24:54
  I did. What observations did you make?
• 1:24:56
  I observed a vehicle in the ditch on the South side of
• 1:24:59
  County Road DI observed it was a like a Gray colored kind of SUV
• 1:25:04
  type car that appeared to be occupied by 1 male.
• 1:25:08
  I observed the vehicles on and running and the front driver
• 1:25:11
  side tire was still spinning. Did you make contact with the
• 1:25:14
  driver? I did, yes.
• 1:25:16
  Who was the driver? The driver was identified by
• 1:25:19
  Wisconsin driver's license as Antonio Morales.
• 1:25:21
  And do you see that same Antonio Morales here in the courtroom
• 1:25:24
  today? I do, yes.
• 1:25:25
  Could you please ID that Antonio Morales by where he's sitting
• 1:25:28
  and what he's wearing? Yes.
• 1:25:30
  Antonio is seated next to the defense counsel.
• 1:25:32
  It appears he's wearing a darker colored button up top.
• 1:25:34
  How? The record reflects that Deputy
• 1:25:38
  Carol has identified Mr. Morales.
• 1:25:40
  Did you notice anything about Mr. Morales after you made
• 1:25:43
  contact with him? Yes.
• 1:25:45
  Immediately after making contact with Mr. Morales, I detected a
• 1:25:49
  strong odor of alcohol coming from inside the vehicle in his
• 1:25:51
  person. His eyes appeared to be half
• 1:25:53
  open and glassy and bloodshot, and his speech was kind of
• 1:25:57
  broken and a bit slurred. Did you speak with Mr. Morales?
• 1:26:02
  I did, yes. What did you talk about?
• 1:26:04
  Spoke about where he was coming from, where he was going, what
• 1:26:08
  happened? What did he say happened?
• 1:26:14
  Said he was going back to his house from a friends in luck
• 1:26:17
  When he went in the ditch. Did you talk about anything
• 1:26:20
  else? Yeah.
• 1:26:21
  I asked him how much he had to drink.
• 1:26:24
  What do you say? He said it was New Year's, so he
• 1:26:27
  had had a couple. During the course of your invest
• 1:26:31
  interaction with Mr. Morales, did you conduct an investigation
• 1:26:34
  into possible operating while intoxicated?
• 1:26:36
  Yes, I did. What did you do as part of this
• 1:26:39
  investigation? Part of the investigation
• 1:26:41
  involves standardized field sobriety testing as well as just
• 1:26:44
  other general questions. And what field sobriety test did
• 1:26:48
  you perform? The field sobriety tests that
• 1:26:50
  were performed were the horizontal gaze nystagmus test,
• 1:26:54
  a walk and turn test, and the one leg stand test.
• 1:26:58
  And did you notice anything through these tests?
• 1:27:01
  Through these tests I observed enough clues which led me to
• 1:27:05
  believe Mr. Morales was impaired.
• 1:27:07
  I observed 6 clues during HGN out of six possible clues.
• 1:27:11
  I observed one possible clue out of eight during the walk and
• 1:27:14
  turn, and I observed 0 possible clues out of four during the one
• 1:27:17
  leg stand. What did you do?
• 1:27:19
  Then? I asked Mr. Morales if he felt
• 1:27:22
  he was safe to be driving, to which he replied yes.
• 1:27:27
  I also asked Mr. Morales how intoxicated he felt he was on a
• 1:27:30
  scale of 1 to 10 with one being sober and 10 being the drunkest
• 1:27:34
  he ever been, which she replied one, What'd you do after that?
• 1:27:40
  Asked me if he would submit to a preliminary breath test, which
• 1:27:43
  he replied no because he said he passed the field sobriety test,
• 1:27:47
  so if it came out a little higher he didn't want to do it.
• 1:27:50
  What happened after that? I advised him he'd be placed
• 1:27:53
  under arrest for OWI. OK.
• 1:27:57
  On January 1st, 2020, sixth, did you have a body camera on?
• 1:28:00
  I did, yes. Was it functional?
• 1:28:02
  I believe it was, yes. Prior to today's hearing, have
• 1:28:05
  you reviewed the video from your interaction with Mr. Morales on
• 1:28:08
  that day, January 1st, 2020 Sixth, Yes.
• 1:28:12
  If I showed you that video, would you recognize it?
• 1:28:14
  Yes. Are you asking me to set up the
• 1:28:39
  equipment? Yes, your Honor.
• 1:30:08
  None. Whatever she's setting up is
• 1:30:25
  dragging on a little longer than I expected, but we're a bit in
• 1:30:28
  the way back machine so I'm going to try to push forward
• 1:30:30
  here a little. Everyone.
• 1:30:53
  Christophe. Video Is this a fair and
• 1:30:55
  accurate description? What happened that day?
• 1:30:57
  Yes, if you could skip ahead to 30 seconds.
• 1:30:59
  Please, 30 seconds in a three hour video is kind of hard to be
• 1:31:08
  that precise but not. Going to say I like the
• 1:31:12
  cooperation. 36 OK. Yeah, that's fine.
• 1:31:16
  Thank you. Hitting play.
• 1:31:18
  Thank you. I I guess I didn't realize that.
• 1:31:25
  Thanks for thanks for letting me know.
• 1:31:27
  Yeah. What's your name, man?
• 1:31:30
  I'm Antonio. OK.
• 1:31:33
  Do you have driver's license at Antonio?
• 1:31:35
  Yes, I do. All righty.
• 1:31:39
  You're in there pretty good, my man.
• 1:31:40
  Yes, I am. You OK?
• 1:31:42
  Yep. I'm like 5-5 miles away from
• 1:31:45
  home. I gotcha.
• 1:31:47
  Where do you stay at Antonio? It's like between Webster and
• 1:31:51
  Siren. Oh, OK.
• 1:31:52
  Like on County Road D or where at?
• 1:31:54
  It's right off of County Road D. OK.
• 1:31:57
  Where are you coming from, Antonio?
• 1:31:59
  I'm coming from all the way over in Luck, Wisconsin.
• 1:32:02
  Really. Yeah.
• 1:32:03
  Why are you coming from all the way over there?
• 1:32:05
  Well, that's where my, it's a long story.
• 1:32:10
  My my house burned down. Oh, man, I'm sorry about that.
• 1:32:13
  I, I'd rather not explain the whole situation.
• 1:32:15
  No, you don't have to. You don't have to.
• 1:32:17
  But yeah, this is where I'm staying right now, and that's
• 1:32:20
  fine. OK.
• 1:32:21
  How much you had to drink? It's, it's New Year's, so I've
• 1:32:26
  had a couple, couple. OK.
• 1:32:28
  And I'm being honest. All right, I I don't think I
• 1:32:34
  deserve ADUI. OK, because I I I I'm literally
• 1:32:39
  I'm on my way home. I I why don't you think you
• 1:32:44
  deserve ADUII guess you kind of jumped to that pretty quick.
• 1:32:47
  I didn't even say anything other than how much you had to drink.
• 1:32:54
  The reason why? Is is.
• 1:32:56
  Because. All right, man, you're good.
• 1:33:06
  You know what I mean? Whatever if you if.
• 1:33:09
  You got to do what you got to do.
• 1:33:10
  Do what you got to do it. Like, OK, I, I don't think I
• 1:33:13
  just deserve ADUI because, well, I but you got a job to do.
• 1:33:19
  So yes, Sir. Whatever.
• 1:33:20
  All right. Can I have you step out of the
• 1:33:22
  car? Antonio?
• 1:33:23
  My name is Jeff, by the way. I think I said that.
• 1:33:26
  I'll try to help you here. It's kind of steep in a hand or
• 1:33:29
  no. OK, you got her.
• 1:33:32
  All righty. Let's hop on the road here.
• 1:33:34
  You. Said you.
• 1:33:36
  I was coming back from a friend's house and yeah.
• 1:33:38
  That's OK. It's.
• 1:33:39
  New Year's, you can stand right there.
• 1:33:40
  It's it's New Year's, man. And yeah, I understand a lot of
• 1:33:44
  people. I was coming back from a
• 1:33:45
  friend's house. I understand a lot of people go
• 1:33:47
  out and do stuff on New Year's, man.
• 1:33:48
  There's nothing wrong with that. OK, so you say if you'd a drink,
• 1:33:53
  do you think you'd be willing to do field sobriety tests?
• 1:33:56
  Yes, I you would. OK.
• 1:33:59
  Do you have any medical conditions or anything like
• 1:34:01
  that? No, I don't.
• 1:34:02
  No, you don't. Do you take any medications at
• 1:34:04
  all? Nope.
• 1:34:06
  No. OK, let me go turn off my red
• 1:34:08
  and blue lights. That's OK.
• 1:34:09
  I just don't want them to mess with your eyes.
• 1:34:11
  OK, 517, I'll be 10-6. Fields 10 4 is your subject DRO.
• 1:34:22
  There are any open cases? All right.
• 1:34:35
  Sorry. They're talking to me here.
• 1:34:36
  It's hard to concentrate on a couple things at once, you know?
• 1:34:38
  Oh, good man. Got a nice car?
• 1:34:42
  Yep. How long you had that bad boy?
• 1:34:43
  A year. Year.
• 1:34:45
  That's nice. OK, before we start, do you got
• 1:34:48
  anything in your pockets at all? Any weapons on you?
• 1:34:50
  May I search You? Check me all you want.
• 1:34:52
  OK. I just want to make sure.
• 1:34:53
  You got any weapons? Was the buddy you were coming
• 1:35:01
  back from, if you don't mind me asking?
• 1:35:04
  I mean, it's not a big deal. I mean, it wasn't too far, but
• 1:35:09
  it was like 10 minutes away here.
• 1:35:13
  Yeah. I was just asking what their
• 1:35:14
  name was, is all. No, his his name was to Anthony.
• 1:35:20
  Anthony. Cool.
• 1:35:22
  Is this THC vape? Looks like it might be.
• 1:35:29
  That's OK. Nothing in the back pockets at
• 1:35:32
  all. All right, man, you're good.
• 1:35:37
  I'm just gonna hold on to this for a minute.
• 1:35:40
  All right, so for the first Test, I'm gonna check your eyes.
• 1:35:44
  Can I have you stand with your feet together?
• 1:35:45
  Yep. Heels and toes together, arms
• 1:35:47
  down at your side just like this.
• 1:35:48
  And don't move until I tell you to.
• 1:35:50
  Do you understand that? Yep.
• 1:35:51
  All right, so like I said, I'm gonna check your eyes.
• 1:35:53
  I'm gonna have you watch the tip of my left finger with your eyes
• 1:35:57
  and your eyes only. I do not want you to move your
• 1:35:59
  head. Do you understand that?
• 1:36:00
  OK, Watch my finger. OK.
• 1:36:03
  Just make sure you don't move it past the the sight of where I
• 1:36:09
  can see, because otherwise I'm not going to be able to look
• 1:36:12
  that far. I've had it.
• 1:36:14
  Yeah. Yeah.
• 1:36:14
  Just follow it as best you can. OK.
• 1:36:16
  All right, we're going to begin. Don't move your head.
• 1:36:24
  Don't move your head. You're good.
• 1:36:25
  You're doing good. Doing good.
• 1:36:40
  Going. You're doing good.
• 1:36:46
  That's far the they're not going to see.
• 1:36:47
  Yep, I gotcha. Keep going.
• 1:36:52
  You see that or No? If I move my head, I could see
• 1:36:55
  it. OK, here.
• 1:36:56
  I'll come back a little bit. Look at my finger.
• 1:36:58
  That's the furthest I can see right there.
• 1:37:00
  You're good. We're going to do it one more
• 1:37:02
  time. All right, I'm not sure what's
• 1:37:06
  going on here. You might have tried to go into
• 1:37:10
  sleep mode. OK, keep looking.
• 1:37:15
  Keep looking. Keep looking.
• 1:37:16
  Keep looking. Good.
• 1:37:17
  All right, Two more times in each eye here.
• 1:37:21
  Perfect. Perfect.
• 1:37:28
  Good. Last one.
• 1:37:31
  Good. Now we're going to go straight
• 1:37:32
  up and down. One time, 2 times.
• 1:37:34
  OK, keep watching. Keep watching.
• 1:37:35
  Keep watching. Can't see that.
• 1:37:38
  OK, that's fine. All right.
• 1:37:39
  I won't go up high this time. Still can't.
• 1:37:47
  That's the highest I can even. That's good.
• 1:37:48
  All right, That's the highest. Perfect.
• 1:37:49
  You can Relax. Thank you.
• 1:38:06
  Antonio, I'm going to have you take your driver's key, put that
• 1:38:08
  in your pocket so I don't lose. It no problem.
• 1:38:17
  All right, Antonio, for this next one, it's called the Walk
• 1:38:20
  and Turn. I just want to make sure we're
• 1:38:23
  not going to get schmucked here. All right?
• 1:38:29
  So for this one, I want you to place your left foot on an
• 1:38:31
  imaginary lion out in front of you to place your left foot on
• 1:38:34
  that line. OK, now put your right foot in
• 1:38:39
  front of your left foot with your right heel touching your
• 1:38:41
  left toe just like I just did. All right, so now put your arms
• 1:38:48
  down at your sides and do not move from that position until I
• 1:38:50
  tell you to. Do you understand that?
• 1:38:53
  Yep. All righty.
• 1:38:54
  So when I say begin, you're going to take 9 heel to toe
• 1:38:58
  steps down this line, and then you're going to turn around,
• 1:39:00
  keeping your front foot on the line and taking several small
• 1:39:03
  steps with your other foot, returning 9 heel to toe steps on
• 1:39:07
  the line. So I'm going to demonstrate, OK?
• 1:39:09
  So I'm going to start in position just like you are.
• 1:39:11
  You're going to go look down 123 until you get to 9, And then
• 1:39:16
  with your front foot down, you're going to take a series of
• 1:39:18
  small steps to turn around. And then you're going to take 9,
• 1:39:21
  heal the toe steps back down the line, so 123 and so on until
• 1:39:26
  you're done, OK? All right, So for this test,
• 1:39:31
  it's important you remember to watch your feet at all times.
• 1:39:33
  Keep your arms down to your side and count out loud.
• 1:39:35
  Count your steps out loud. OK?
• 1:39:38
  Did you understand that? Yep.
• 1:39:39
  All right, you may begin. 1. 2345. 678. 9 That's my turn
• 1:39:58
  around. OK. 12 3. 4.
• 1:40:14
  Perfect. Thank you.
• 1:40:16
  All righty All right, so for this last one, it's called the
• 1:40:22
  one leg stand. OK, so again, I'm going to have
• 1:40:26
  you stand with your feet together, arms down at your
• 1:40:27
  sides. All right, just like that.
• 1:40:29
  Perfect. So don't move from that position
• 1:40:32
  or start until I tell you to. Do you understand that?
• 1:40:34
  Yep. OK, All right, so for this one,
• 1:40:39
  when I tell you too, you're going to raise either foot of
• 1:40:41
  your choosing approximately 6 inches off the ground just like
• 1:40:44
  this. You're going to look down at
• 1:40:45
  your toe and you're going to count out loud. 1000 one, 1000
• 1:40:47
  two, 1003 and so on until I tell you to stop.
• 1:40:51
  OK. So again, the foots going to be
• 1:40:56
  off the ground approximately 6 inches.
• 1:40:58
  Yeah, OK, got that. All right, so Yep, just keep
• 1:41:02
  counting out loud. So with this one, it's important
• 1:41:05
  you keep watching your foot, you keep your arms down at your
• 1:41:07
  sides, and you count out loud. 1000 one, 1002 and 1003 and so
• 1:41:11
  on until I tell you to stop. All right, Do you understand
• 1:41:13
  that? Yep.
• 1:41:13
  All right, it's a pretty good one.
• 1:41:15
  So let me get ready here. I can.
• 1:41:27
  Find it. All right.
• 1:41:29
  Are you ready? Yep, you may begin.
• 1:41:30
  One thousand one 1000 two 1003 1000 four 1005.
• 1:41:39
  One thousand 61000 seven 1008. One thousand 91000 ten 1011.
• 1:41:47
  One Thousand Twelve, 1013. 1014. 1015 one thousand sixteen. 1017
• 1:41:56
  one thousand eighteen. 1000 nineteen 1021 thousand.
• 1:42:02
  Very good. Thank you.
• 1:42:05
  All right, based on those tests and everything else today, do
• 1:42:10
  you think you're safe to be driving?
• 1:42:11
  Yes, I do. You do.
• 1:42:12
  OK. I literally it's New Year's.
• 1:42:15
  I I already had told you I had drinks before I went to bed and
• 1:42:21
  I woke up and I had to get home and.
• 1:42:25
  Yeah, these, these roads, I I wasn't.
• 1:42:28
  Even hitting the brakes or anything.
• 1:42:29
  Like I get. I did nothing wrong.
• 1:42:32
  Officer OK. And sounds good based on, if
• 1:42:38
  anything, I need some help to get out of the dish.
• 1:42:40
  So yeah. Gotcha.
• 1:42:43
  Based on a scale of 1 to 10 with one being sober, 10 being the
• 1:42:46
  drunkest you've ever been, where do you think you're at on that
• 1:42:49
  scale right now? 1.
• 1:42:51
  One you think you're sober? Yep.
• 1:42:53
  OK, understandable. And you think you're safe to be
• 1:42:56
  driving? Yep.
• 1:42:57
  Gotcha. You're not injured or not Naria?
• 1:43:00
  Nope no. Would you be willing to do a
• 1:43:02
  breath test PBT? I'd rather not unless I have to.
• 1:43:06
  I, I feel like I passed the, the road sobriety test, so if it so
• 1:43:12
  happened to come up as a little over, I, I feel like I OK.
• 1:43:18
  You don't, you don't have to take it.
• 1:43:20
  Yeah. I, I, I'd just rather not.
• 1:43:22
  Yeah. So a preliminary breath test.
• 1:43:24
  You can, I can't use it in court.
• 1:43:25
  Yeah, but you don't want to do it anyway, so that's fine.
• 1:43:29
  Yeah. It basically just helps me
• 1:43:31
  figure out like, if I'm right and making the right decision.
• 1:43:33
  Yeah, for sure. But we're supposed to make an
• 1:43:35
  arrest decision before we have you do that.
• 1:43:37
  Right. OK.
• 1:43:38
  Based on the testing and stuff I saw from you, I believe you're
• 1:43:41
  impaired. I don't believe you're super
• 1:43:44
  drunk by any means, but I believe you're still drunk.
• 1:43:48
  So you're going to be under arrest for OWI.
• 1:43:50
  Why do you believe? Why?
• 1:43:52
  Why do you believe I'm impaired? Your speech, your smell, your
• 1:43:56
  eyes and your driving behavior. You're in the ditch.
• 1:43:59
  And then with the test I did with you, What did I do wrong on
• 1:44:03
  the test? Your eyes.
• 1:44:05
  My eyes. Yeah.
• 1:44:06
  That's something to do with the test, though.
• 1:44:08
  It's part of the test. Yeah, that's it, man.
• 1:44:11
  All right, That's it. So all right, man.
• 1:44:19
  That's at 13 minutes exactly. So purposes for the record, that
• 1:44:23
  video was played from 36 seconds until 13 minutes exactly.
• 1:44:30
  No further questions. We will be marking the video,
• 1:44:33
  moving the evidence by the imaginary Chapman.
• 1:44:34
  Needs to use it first and foremost all.
• 1:44:36
  Right. Thank you.
• 1:44:37
  Mr. Chapman. Questions.
• 1:44:39
  Deputy, how long have you worked for the Burnett County Sheriff's
• 1:44:41
  Office? I've employed by the Burnett
• 1:44:44
  County Sheriff's Department since 2020, has corrections and
• 1:44:47
  dispatch, and then in December of 2023 I went to patrol.
• 1:44:51
  So you've been a patrol deputy for at at this time roughly one
• 1:44:56
  year, December of 2023 until I guess almost 2?
• 1:45:02
  Years. A little over 2 years.
• 1:45:04
  How many times do you think you had done the field sobriety
• 1:45:06
  tests? Including the Academy and other
• 1:45:10
  training purposes. In the field.
• 1:45:12
  In the field I would say a dozen, maybe more.
• 1:45:16
  And you said you did the police Academy training and that police
• 1:45:21
  Academy training involved detection of signs of
• 1:45:24
  impairment. Did you do any official training
• 1:45:27
  on the field sobriety tests? Were you trained under the
• 1:45:31
  National Highway, National Highway and Transportation
• 1:45:34
  Safety Administration guidelines?
• 1:45:37
  I personally can't recall the exact material they used in the
• 1:45:40
  Academy. You said that on the walk and
• 1:45:46
  turn test you observed one out of eight clues, Yes.
• 1:45:49
  Do you recall which clue that was?
• 1:45:50
  It was the improper turn. And one out of eight, is that a
• 1:45:54
  pass or a fail under your training?
• 1:45:56
  A one out of eight would be a pass.
• 1:45:58
  And on the one leg stand test, you said you observed 0 out of
• 1:46:01
  four, correct? Which is obviously a pass,
• 1:46:03
  correct? So the only field sobriety test
• 1:46:06
  that you say that Mister Morales failed is the horizontal gaze
• 1:46:09
  nystagmus test, which is what you said on the camera would be
• 1:46:13
  because of his eyes, right? Yes.
• 1:46:17
  Now, in the horizontal gaze nystagmus test, you're looking
• 1:46:23
  for specifically 3 clues and whether it applies to each eye,
• 1:46:26
  correct? 6 total clues.
• 1:46:28
  Yes, three in each eye. And what are those 3 clues that
• 1:46:32
  you're looking for in each eye? In each eye it would be lack of
• 1:46:36
  smooth pursuit on nystagmus at maximum deviation and then onset
• 1:46:41
  of nystagmus prior to a 45°. And for each of those tests, you
• 1:46:46
  have a specific process that involves you holding your finger
• 1:46:51
  or another another focus item for that you're asking people to
• 1:46:56
  look at and moving that in a certain pattern across their
• 1:47:00
  eye, correct? Yes.
• 1:47:03
  And were you trained in your police Academy training
• 1:47:07
  specifically how to do that stylus motion to look for the
• 1:47:10
  nystagmus? Yes.
• 1:47:13
  Let's start with the the first clue you said you were looking
• 1:47:17
  for, which would be lack of smooth pursuit.
• 1:47:28
  Can you describe exactly what you do to check for lack of
• 1:47:31
  smooth pursuit? While checking for lack of
• 1:47:34
  smooth pursuit in each eye, we go back and forth both times.
• 1:47:39
  Excuse me, We go across left and right two times, each checking
• 1:47:44
  twice essentially. And then we're looking at the
• 1:47:47
  eye to see if it's small, following smoothly or if it's
• 1:47:50
  like lurching across, it's not following smoothly, essentially.
• 1:47:54
  The fingers approximately 18 inches away from the face, going
• 1:47:58
  at a smooth pace across left and right.
• 1:48:02
  You say a smooth pace, left or right?
• 1:48:04
  How fast do you move your finger?
• 1:48:07
  At a smooth pace, easily to track.
• 1:48:10
  I'm not sure what how to answer that.
• 1:48:13
  Well, I am looking at the training materials from the
• 1:48:16
  National Highway and Traffic Safety Administration.
• 1:48:27
  And I have the document that will be moved into, I'll ask to
• 1:48:31
  be marked as Defense exhibit one when I'm done.
• 1:48:36
  But can you read first of all the portion that I have marked
• 1:48:42
  with the next? May I approach judge?
• 1:48:44
  Yeah, and I'm going to have to object Foundation.
• 1:48:46
  We don't know which version of the National Highways to
• 1:48:49
  Training he's using. I've provided it to the state in
• 1:48:53
  advance. Specifically, I'm looking at
• 1:48:55
  page 244 of the document under the clues of the horizontal case
• 1:49:00
  nystagmus test and the process that should be applied.
• 1:49:04
  If I heard his objection correctly, maybe I did not that
• 1:49:07
  he was objecting because he's not because of the foundation as
• 1:49:12
  to what Deputy Carol was instructed or learned under is
• 1:49:17
  that. Correct.
• 1:49:18
  That is correct, Your Honor. OK.
• 1:49:21
  Deputy Carol, what training were you provided regarding field
• 1:49:25
  sobriety testing? It would be through the
• 1:49:28
  Wisconsin DOJ what Northwood Tech Academy puts together as a
• 1:49:31
  curriculum. I believe all their course
• 1:49:35
  material is on Wiley Nut. OK.
• 1:50:01
  I just had a hard time hearing or understanding what you said.
• 1:50:04
  The other course materials on Whatnet?
• 1:50:08
  Wiley Net. It's Wil e.net I believe.
• 1:50:13
  OK. Thank you.
• 1:50:53
  Two to two BHK house for sale in Mumbai.
• 1:51:37
  OK friends, once again I'm going to try to bump us past.
• 1:51:40
  The we know because I need to tell you if if you were playing
• 1:51:43
  video at the next time you have to ask for more time or it needs
• 1:51:46
  to be reset. This was only set for 1/2 an
• 1:51:48
  hour. Understand, your Honor.
• 1:51:54
  Deputy, are you aware of whether the training you received
• 1:51:57
  complies with the DH Department of Hwy.
• 1:52:01
  Safety, National Highway and Safety Transit Association
• 1:52:04
  guidelines? I truthfully can't recall at
• 1:52:07
  this moment though. And you can't recall how fast
• 1:52:12
  you're supposed to move your finger when you're detecting
• 1:52:16
  lack of smooth pursuit in the eyes.
• 1:52:19
  I had said before smoothly, but if we're going off of the
• 1:52:22
  DHSTAI, can't recall their parameter no.
• 1:52:27
  And you can't recall whether your training complied with
• 1:52:29
  those guidelines? At this moment, no, I don't
• 1:52:31
  remember what the Academy put on.
• 1:52:34
  Does your office still have access to the training
• 1:52:36
  materials? I'm not sure.
• 1:52:41
  OK, regarding the so you you're supposed to do 2 passes to the
• 1:52:47
  left, back to middle, to the right, back to middle, again to
• 1:52:51
  the left and again to the right. Yes.
• 1:52:55
  In your opinion or in your training, do you believe that
• 1:52:57
  the speed you move your finger matters?
• 1:53:00
  Yes, OK. But you don't know how fast
• 1:53:02
  you're supposed to move your finger.
• 1:53:05
  Again, I'd moved at a smooth speed.
• 1:53:07
  Yes, a smooth speed, but whether that smooth speed took one
• 1:53:12
  second or five seconds, you don't know what's appropriate.
• 1:53:15
  I can't remember the exact time now.
• 1:53:17
  OK, moving on to the second clue, you were looking for
• 1:53:21
  sustained sustained misstagmus at maximum deviation.
• 1:53:27
  What exactly are you looking for for that clue?
• 1:53:31
  Sustain the stagnus at Max deviation would be the
• 1:53:34
  involuntary movement of the eye when the eye is farther most to
• 1:53:39
  the outer corner of the eye. So it would be the jerkiness
• 1:53:43
  back and forth who had that position.
• 1:53:46
  And what does the sustained mean?
• 1:53:49
  Excuse me? You're looking for sustained
• 1:53:51
  nystagmus at maximum deviation. What is sustained mean?
• 1:53:54
  It would be continuous. For how long?
• 1:53:58
  I remember the exact amount of time off the top of my head.
• 1:54:01
  But you are supposed to pause and look for whether the
• 1:54:05
  nystagmus is sustained, not just whether you observed it correct?
• 1:54:08
  Correct. And you don't know how long
• 1:54:11
  you're supposed to be looking for to make it a clue off.
• 1:54:14
  The top of my head I can't remember right now.
• 1:54:15
  OK. I am going to play what will be
• 1:54:21
  marked as Exhibit 1 and I'm going to go, I believe to 5
• 1:54:28
  minutes and 50 seconds. Actually, I'm just going to
• 1:54:35
  start from the beginning of the horizontal gaze nystagmus test,
• 1:54:38
  which would be at roughly 5 minutes and 30 seconds.
• 1:54:41
  I'm going to start from 5 minutes and 29 seconds.
• 1:54:46
  Twice. I'm not going to be able to look
• 1:54:47
  that far. I've had it.
• 1:54:49
  Yeah, just follow it as best you can, OK.
• 1:54:51
  All right, we're going to begin. Don't move your head.
• 1:55:00
  Move your head. You're good.
• 1:55:01
  You're doing good, doing good. Keep going, OK?
• 1:55:07
  Now I just watched you do 2 complete passes, left, right,
• 1:55:10
  left, right. That was you checking for the
• 1:55:13
  first flu, correct? Lack of a smooth pursuit.
• 1:55:16
  And now you are about to begin checking for sustained nystagmus
• 1:55:19
  at maximum deviation, correct? Yes, I believe so.
• 1:55:23
  Keep going, keep going. Keep going.
• 1:55:25
  Keep going. Keep going.
• 1:55:26
  Keep going. Keep going.
• 1:55:27
  You're doing good. Keep going.
• 1:55:30
  Now I paused at 5 minutes and 52 seconds.
• 1:55:33
  Your finger just reached the the maximum deviation, correct?
• 1:55:39
  I believe so. That's for the the night.
• 1:55:43
  And you began moving it back at 5 minutes and 55 seconds,
• 1:55:46
  correct? I can't see the time from where
• 1:55:49
  I'm sitting at. To be honest.
• 1:55:53
  Judge, would the court take judicial notice that I paused it
• 1:55:55
  at 5 minutes and 55 seconds, if that's.
• 1:55:57
  What you're telling me? Because I can't see it either.
• 1:56:00
  I am telling you that I have paused it at 5 minutes and 55
• 1:56:02
  seconds. You can't.
• 1:56:03
  Can you see it? I can see it from there.
• 1:56:06
  And that that would be blocking. Me.
• 1:56:08
  And at that point, Deputy, your finger has begun to move back,
• 1:56:11
  so we're no longer looking for sustain the Stagmas, correct?
• 1:56:14
  And now you're going to move to the other eye, correct?
• 1:56:16
  Yes. I'm going to play the video
• 1:56:18
  again and watch you. Can see I gotcha.
• 1:56:24
  Keep going. You see that or no?
• 1:56:27
  If I move my head I could see. Now, at this point, Mr. Morales
• 1:56:31
  began talking to you. Correct.
• 1:56:34
  So the test was interrupted. For a short couple seconds.
• 1:56:39
  Did you do it again? I.
• 1:56:41
  Can't remember. We'll play the video.
• 1:56:43
  OK, I'll come back. Back a little bit.
• 1:56:46
  Look at my finger. That's the furthest I can see.
• 1:56:48
  Right there. You're good.
• 1:56:49
  We're going to do it one more time.
• 1:56:51
  Keep looking, keep looking. Keep looking.
• 1:56:53
  OK, keep looking. Keep looking.
• 1:56:56
  Keep looking. Keep looking.
• 1:56:57
  Good. Was that you testing for
• 1:56:59
  sustained nystagmus at maximum deviation?
• 1:57:02
  Yes. Did you even pause your finger
• 1:57:04
  at maximum deviation on those two passes?
• 1:57:07
  I would have to go back and watch it again, but.
• 1:57:08
  You want to pause? I'll reset the video to 6
• 1:57:14
  minutes and 4 seconds. I see it.
• 1:57:17
  OK, I I'll come back a little bit, look at my finger.
• 1:57:20
  That's the furthest I can see. Right there you're.
• 1:57:22
  Good. We're going to do it one more
• 1:57:23
  time. Keep looking, keep looking.
• 1:57:26
  Keep looking. OK, Keep looking.
• 1:57:29
  Keep looking. Keep looking.
• 1:57:30
  Keep looking. Good.
• 1:57:32
  Did you even pause your finger at maximum deviation on those
• 1:57:34
  two passes? It appeared it paused.
• 1:57:36
  Yes. For how long?
• 1:57:37
  I didn't count I. And what is the purpose of
• 1:57:47
  looking for sustained nystagmus at maximum deviation?
• 1:57:51
  The purpose of looking for. What is what is the reasoning
• 1:57:54
  behind why that is a sign of intoxication?
• 1:57:58
  I I'm, I can't testify to that. I'm not sure.
• 1:58:00
  So you don't know the reason, you don't know how long you're
• 1:58:03
  supposed to pause at maximum deviation, and you don't even
• 1:58:08
  know how long you paused for. I don't know the exact science
• 1:58:12
  behind it right now. What were you trained?
• 1:58:14
  Can't. Remember which course material
• 1:58:18
  we were taught on? OK.
• 1:58:20
  And you know it's supposed to be sustained nystagmus, but you
• 1:58:25
  don't know how long to wait for or why.
• 1:58:32
  Is that true? Am I accurately stating your
• 1:58:35
  testimony? True.
• 1:58:38
  OK. And what is the third clue that
• 1:58:41
  you're looking for? It would be in nystagmus prior
• 1:58:44
  to a 45 deviation. And what do you do to look for
• 1:58:48
  nystagmus prior to 45 deviation? Again, it would be the left and
• 1:58:52
  right passes. What are you looking for?
• 1:58:58
  Involuntary movement of the eye. Essentially the eye movement
• 1:59:02
  like wiggling back and forth, not like sitting still.
• 1:59:09
  If that's your description of the test.
• 1:59:12
  No, it would be at the 45° angle.
• 1:59:15
  It'd be prior to that if the eye was wiggling.
• 1:59:18
  OK. At the 45° angle prior to that,
• 1:59:22
  if the eye was wiggling, yes. And how do you look for that?
• 1:59:27
  By doing the left and right passes in each eye twice and
• 1:59:34
  looking at Antonio's excuse me, looking at the subject's eyes,
• 1:59:38
  looking for the movement of the eye.
• 1:59:40
  And you you move your finger in left and right passes.
• 1:59:44
  Yes. Anything more specific than
• 1:59:46
  that? No.
• 1:59:47
  Do you know how fast you're supposed to move your fingers?
• 1:59:51
  Again, I don't know how fast I'm supposed to move my fingers.
• 1:59:53
  I move it at a smooth rate. Are you trained in that?
• 1:59:57
  Yes. So you you were trained as far
• 2:00:00
  as how fast to move your fingers, you just can't recall
• 2:00:02
  what you were trained. Can't remember the exact
• 2:00:05
  wording, no OK. Can you tell me whether your
• 2:00:09
  your application of that test on January 1st, 2026 complied with
• 2:00:13
  that training? To my recollection.
• 2:00:16
  Recollection. Yes.
• 2:00:17
  Is it important to move your fingers slowly so that you can
• 2:00:20
  see the nystagmus? OK, I'm going to jump to I'm
• 2:00:27
  already there. So right after you did the test
• 2:00:30
  for sustained nystagmus at maximum deviation, you began to
• 2:00:33
  test for the third clue. Yes, I'm going to play the video
• 2:00:36
  again from 6 minutes and 19 seconds.
• 2:00:38
  All right, two more times in each eye here.
• 2:00:42
  Perfect, perfect. Good.
• 2:00:51
  Last one. Good.
• 2:00:52
  Now we're going to go straight up.
• 2:00:55
  And I've paused it again at 6 minutes and 34 seconds.
• 2:00:59
  And he just completed that test, correct?
• 2:01:02
  Yes. So 4 passes left, right, left,
• 2:01:06
  right and it took 15 seconds total.
• 2:01:11
  I didn't keep track of the time again, but if that's.
• 2:01:14
  Yeah, I paused 6 minutes, 34 seconds and you're done in that
• 2:01:16
  video. OK.
• 2:01:18
  And it's your your belief that on January 1st, 2026 you
• 2:01:23
  observed nystagmus prior to 45°? Yes.
• 2:01:36
  Were you familiar with Mr. Morales at all prior to this
• 2:01:39
  day? No, I had never met Mr. Morales
• 2:01:41
  before. So you weren't familiar with his
• 2:01:43
  speech patterns? That was the first time I had
• 2:01:47
  met him, so no. OK, Well, did you have any
• 2:01:49
  interaction with him beyond what was recorded here on this video?
• 2:01:55
  If the recording starts at the start of this and ends after
• 2:01:59
  he's dropped off at the jail, then no, I did not have any
• 2:02:01
  further contact. Let let's just go from the first
• 2:02:03
  interaction with Mr. Morales until you made the arrest
• 2:02:07
  decision, was there any other interaction with Mr. Morales
• 2:02:10
  that was, we didn't play here today that made a decision in
• 2:02:13
  your arrest, your decision to arrest him.
• 2:02:15
  No. It's obvious he became kind of
• 2:02:19
  flustered when you began talking about how much he had to drink
• 2:02:22
  today, right? He immediately jumped to saying
• 2:02:25
  he didn't deserve ADOI so. And his, his speech started
• 2:02:28
  getting a little stuttering at that point, right?
• 2:02:32
  I can't remember exactly when it happened, I thought it was
• 2:02:34
  immediate. I'm.
• 2:02:35
  Going to play from the beginning.
• 2:02:36
  Quick. This is you in your car, right?
• 2:02:44
  You haven't had any interaction with Mr. Morales yet?
• 2:02:47
  Yes, I believe so. Hello.
• 2:03:05
  You OK? How's it going?
• 2:03:06
  Yeah, it's going. Someone on the way.
• 2:03:08
  All righty. Your car's wheels are still
• 2:03:10
  spinning. Go ahead.
• 2:03:19
  I I guess I didn't realize that. Thanks for thanks for letting me
• 2:03:22
  know. Yeah.
• 2:03:23
  What's your name, man? I'm Antonio.
• 2:03:27
  OK. Do you have driver's license in
• 2:03:30
  Antonio? Yes, I do.
• 2:03:31
  All righty. Is that what you're calling
• 2:03:35
  slurred? You asked if it was stuttered
• 2:03:38
  before any stuttered after. I told him his wheel was moving
• 2:03:41
  a couple times. That that's what you're using as
• 2:03:44
  a sign of intoxication. The stuttering?
• 2:03:48
  No. The slurred speech, yes.
• 2:03:50
  Is is the speech that we just watched there prior to 55
• 2:03:54
  seconds on the video? Is that what you're considering
• 2:03:56
  slurred? At that point, not extremely
• 2:04:00
  bad, no. OK, we're going to continue to
• 2:04:03
  play. It's that 55 seconds now.
• 2:04:06
  You're in there pretty good, my man.
• 2:04:07
  Yes, I am. You OK?
• 2:04:09
  Yep. I'm like 5 miles away from home.
• 2:04:12
  I gotcha. Where do you stay at Antonio?
• 2:04:16
  It's like between Webster and Siren.
• 2:04:18
  OK, Like on County Road D or where at?
• 2:04:21
  It's right off of County Road D. OK.
• 2:04:24
  Where are you coming from, Antonio?
• 2:04:26
  I'm coming from. All the way over at Luck,
• 2:04:28
  Wisconsin. Really.
• 2:04:29
  Yeah. Why are you coming from Ali over
• 2:04:31
  there? Well, that's where my, it's a
• 2:04:36
  long story. My, my house burned down.
• 2:04:38
  Oh, man. I'm sorry about that.
• 2:04:40
  I'd. I'd rather not explain the whole
• 2:04:42
  situation. You don't have to.
• 2:04:43
  You don't have to. But yeah, this is where I'm
• 2:04:45
  staying right now, and that's fine.
• 2:04:48
  OK. How much you had to drink?
• 2:04:52
  It's, it's New Year's, so I've had a couple couple.
• 2:04:54
  OK, I'm being honest. I, I, I don't think I deserve it
• 2:05:01
  to you. I OK, because I, I'm good.
• 2:05:05
  I I I'm going to. Pause it again at one minute and
• 2:05:08
  5556 seconds. Obviously, Mr. Morales started
• 2:05:12
  to get a little bit more flustered after you brought up
• 2:05:14
  drinking correct. I don't know if that's what he
• 2:05:18
  was feeling but it seems like he was being defensive his.
• 2:05:20
  Speech pattern changed once you started bringing up alcohol,
• 2:05:24
  correct? It looks like it, yes.
• 2:05:26
  OK. Prior to that, it did not appear
• 2:05:28
  that he was slurring, correct. When he said counter, ODI picked
• 2:05:31
  up a little bit of a slur there, yes, OK.
• 2:05:35
  I have no further questions for the Deputy.
• 2:05:40
  Mr. Vila, no further questions, Your Honor.
• 2:05:42
  All right. You may step down.
• 2:05:45
  Thank you. Any other witnesses?
• 2:05:48
  No, Your Honor. Any witnesses?
• 2:05:50
  No, Your Honor. I'm going to ask for written
• 2:05:54
  argument. Yay your honor, I have zero time
• 2:05:59
  so. Your Honor, I am going to move
• 2:06:01
  into evidence the documents that I've included on this flash
• 2:06:05
  drive, the National Highway Safety, National Highway and
• 2:06:08
  Transportation Safety Administration guidelines on the
• 2:06:11
  field sobriety test. I'm going to move it in as a
• 2:06:13
  written treatise. Take it for what it's worth.
• 2:06:17
  This officer apparently doesn't remember whether he was trained
• 2:06:21
  on that or not, but I do believe it's relevant to the propriety
• 2:06:25
  of the horizontal gaze nystagmus test, and I will make references
• 2:06:28
  to it in my written argument. All.
• 2:06:30
  Right. And do you have an objection to
• 2:06:35
  that, Mister? No, Your Honor.
• 2:06:37
  And it is received as a treatise.
• 2:06:41
  Written arguments due May 8th simultaneous and then because
• 2:06:56
  this well, your state would get a rebuttal.
• 2:07:04
  I I don't think it's going to take me that long, Judge, and I
• 2:07:07
  think the fair thing to do is just to have me submit a, an
• 2:07:10
  argument in the state to rebut it.
• 2:07:12
  Excellent. Can you do yours by this Friday
• 2:07:15
  or is that too short? I can do it by this Friday,
• 2:07:20
  Judge. You can have more time if you
• 2:07:23
  want. Why don't you?
• 2:07:25
  Giving me till Monday isn't going to matter because I'm
• 2:07:27
  going to be busy all weekend. But.
• 2:07:29
  Well, I'll give you until Tuesday the 5th.
• 2:07:31
  Sounds good, Judge. And then I will give the state
• 2:07:34
  until the 12th all right and get another date set.
• 2:08:02
  Well, you're going to be here June 11th, so let's just do June
• 2:08:05
  11th, 11:15 just a status. Yeah, that's enough time, all
• 2:08:28
  right. So we'll see.
• 2:08:30
  You then you can come get your notice, Miss Morales, and then
• 2:08:32
  you are. Free to leave?
• 2:08:34
  Sounds good your honor. So Nina just said in the
• 2:08:38
  comments. I will say I find the eye test
• 2:08:40
  the least convincing indicator. I would tend to agree.
• 2:08:43
  I mean, missus TCF is a chronic migraine sufferer and just
• 2:08:48
  because of that, she has nystagmus.
• 2:08:51
  So she would not pass a field sobriety being stone cold sober
• 2:08:57
  based on that criteria. So yeah, it's, it's not an
• 2:09:01
  overly convincing indicator. It's something that a lot of
• 2:09:03
  people have an issue with. So there you go.
• 2:09:06
  It's unfortunate that we're not going to hear the result of this
• 2:09:09
  because they ran long, but I still think it was worth
• 2:09:11
  watching and listening to because personally, I, I rather
• 2:09:19
  enjoyed listening to that lawyer kind of pick it apart a little
• 2:09:22
  bit. I know some of you found them
• 2:09:23
  annoying. I think you did a good job,
• 2:09:28
  Texas Judge West. Good morning.
• 2:09:33
  Are you Caleb Lespalski, and will your client waive the
• 2:09:38
  formal reading of the motion? Yeah.
• 2:09:39
  Absolutely, will Your Honor. Did that protect?
• 2:09:54
  Mr. Wiskowski and cause number 2137917, I have a motion to
• 2:10:00
  revoke your unadjudicated probation shows that you were
• 2:10:03
  placed on probation January 3rd of 2022 for the offense of
• 2:10:07
  evading detention with a motor vehicle and that was a five year
• 2:10:12
  deferred probation, is that correct?
• 2:10:19
  The motion alleges that you violated your probation.
• 2:10:22
  Count 1 alleges that you committed the offense of
• 2:10:24
  Possession of a Controlled Substance February 16th of 2022
• 2:10:29
  in Hardin County, Texas, and is that true or not true?
• 2:10:34
  Count 2 alleges that you committed the again the offense
• 2:10:38
  of Possession of a Controlled Substance on February 16th, 2022
• 2:10:43
  in Hardin County, Texas and is that true or not true?
• 2:10:47
  Count 3 alleges that you provided a urine sample on March
• 2:10:50
  29th of 2022 that tested positive for methamphetamines,
• 2:10:54
  amphetamines and benzodiazepine and is that true or not true?
• 2:10:59
  Count 4 alleges that you provided a urine sample April
• 2:11:02
  14th of 2022 that tested positive for methamphetamines
• 2:11:06
  and benzodiazepine, is that true or not true?
• 2:11:10
  And then Count 5 alleges that you were behind in your port
• 2:11:13
  assessed fees as of April 13th of 2022 in the amount of $315.
• 2:11:19
  And is that true or not true? True.
• 2:11:21
  Did you enter your place of true to counts one through 5 freely
• 2:11:25
  and voluntarily? And did you plead true to those
• 2:11:27
  accounts because they're actually true?
• 2:11:29
  Yes. We have.
• 2:11:30
  I have here on the tablet some documents that have your
• 2:11:32
  signature on them that the state has marked as exhibit #1 before.
• 2:11:38
  Excuse me, before you sign these, did you go over them with
• 2:11:40
  Mr. Crocker? Yes, ma'am.
• 2:11:42
  Do you fully understand them and do you understand if I follow
• 2:11:45
  the agreement that you've made with the District Attorney that
• 2:11:48
  you'll be waiving or giving up any right to appeal state
• 2:11:53
  tenders #1 no objection, states one, It's admitted.
• 2:11:56
  Is there any evidence that Mister Liskowski is not
• 2:11:58
  competent? No, you're all right, Sir.
• 2:12:00
  I'm going to find that you entered your pleas of true to
• 2:12:02
  counts one through 5 freely and voluntarily find this counts
• 2:12:05
  true. Find sufficient evidence to
• 2:12:08
  revoke your probation and at this time also finds sufficient
• 2:12:14
  evidence to find you guilty and at this time finds you guilty of
• 2:12:17
  evading detention with a motor vehicle sentence.
• 2:12:20
  You in accordance with your agreement to a term of two years
• 2:12:23
  in the institutional division of the Texas Department of
• 2:12:25
  Corrections. You will receive credit on that
• 2:12:28
  sentence for any time that you've been in custody that the
• 2:12:30
  law gives you the right to receive.
• 2:12:32
  I'm handing you the trial court certification that shows that
• 2:12:35
  this was an agreement that I followed and so you have waived
• 2:12:38
  your right to appeal. I've also handed you a written
• 2:12:43
  admonishment regarding your ineligibility to possess a
• 2:12:46
  firearm or ammunition. Because of the judgment entered
• 2:12:49
  against you, you're ineligible under Texas law to possess a
• 2:12:52
  firearm or ammunition. Possession of a firearm or
• 2:12:56
  ammunition could lead to charges against you.
• 2:12:58
  If you have questions about the laws that make you ineligible to
• 2:13:01
  possess a firearm or ammunition, or about how long that lasts,
• 2:13:04
  you can talk with Mr. Crocker. All right.
• 2:13:06
  Good luck to you, Sir. You can go back to the bailiff.
• 2:13:08
  Thank you for being here, state. Mr. Brian Lane.
• 2:13:14
  You've got Heyman, Brandon, yes. Ma'am and I need to bring.
• 2:13:22
  Him. Well, he's here, so we'll hold
• 2:13:24
  on. You can go ahead and bring him.
• 2:13:26
  What's that, Judge? You can bring him.
• 2:13:48
  Morning. Are you Heyman, Brandon, and
• 2:13:51
  this is 2136605 and it looks like #1 Mr. Brandon is charged
• 2:13:59
  with first degree felony offense of murder and Doctor Propon was
• 2:14:06
  requested to do in a competency evaluation.
• 2:14:09
  I don't know that we've been back since then.
• 2:14:11
  We received that report February 12th.
• 2:14:15
  Over here, February 24th. All right, so I've already made
• 2:14:17
  that finding. All right, so what's the
• 2:14:19
  announcement? The announcement, your Honor, is
• 2:14:22
  I'm respectfully requesting one more continuance.
• 2:14:25
  What I think after talking with the state is that we may
• 2:14:29
  eventually at the next setting request a bench trial and we're
• 2:14:36
  moving into an insanity. I need an insanity evaluation at
• 2:14:40
  the time of the offense, so I've got with Doctor Lupon and spoke
• 2:14:43
  to meet with him. I just need a little time to get
• 2:14:46
  that the state after I get that then.
• 2:14:50
  We'll. Move forward and.
• 2:14:52
  OK. Do you think he can get that
• 2:14:55
  done in 30 days? Because he already gets he's
• 2:14:57
  already done the top. See, I would think he would be
• 2:15:00
  able to. When he when he came back from
• 2:15:02
  the state hospital when he's being competent, I called Doctor
• 2:15:09
  Lepon. Dr. Lepon kind of jumped the gun
• 2:15:12
  a little bit and thought I was talking about a competency I
• 2:15:15
  already got a competency from, went out and did a competency
• 2:15:18
  and then billed me. But then so I was like, it's
• 2:15:22
  like take off a second, OK. So.
• 2:15:25
  He we're. He's.
• 2:15:27
  He's making an appointment with me so I anticipate next couple
• 2:15:29
  weeks I'll be to him and he'll maybe.
• 2:15:33
  We'll do 30 days, and if you don't have that bag, let us know
• 2:15:39
  right before that court date and we can reset it without you guys
• 2:15:42
  having to come here if he's in the middle of getting that
• 2:15:44
  report ready. Yes, ma'am.
• 2:15:45
  OK. All right, You can go back with
• 2:15:46
  the bailiff, Mr. Brandon. Right now, yeah.
• 2:15:50
  Say Mr. Kevin Lane. You've got Ahmad LeBlanc.
• 2:15:54
  He's in custom. Miss Moffino, Ahmad LeBlanc,
• 2:16:32
  All. Right.
• 2:16:41
  Are you? Ahmad LeBlanc and Mr. LeBlanc
• 2:16:44
  was previously in court entered pleas of true to counts 1-2 and
• 2:16:48
  three in a motion to adjudicate and probation on probation for
• 2:16:56
  possession of a controlled substance.
• 2:16:57
  The second no first degree felony.
• 2:17:02
  Hold on, that's not right. On probation for aggravated
• 2:17:05
  assault, new allegation is a possession of a controlled
• 2:17:09
  substance in Chambers County and I've received the updated
• 2:17:14
  report. It was unagreed.
• 2:17:16
  Have you both had an opportunity to review the report?
• 2:17:18
  Defense has none. Have you any additions or
• 2:17:22
  corrections to the report? None from.
• 2:17:24
  Defense. Only any additional that Miss
• 2:17:26
  Shagwa may have from secification department yard.
• 2:17:29
  And is this the one? I believe they Harris County, I
• 2:17:38
  mean Chambers County, rejected the charge.
• 2:17:40
  January 28th through OK, I refused it.
• 2:17:52
  And so, Mr. Lane, you may proceed with argument.
• 2:17:56
  Your Honor, we are. Asking the court to continue Mr.
• 2:17:59
  LeBlanc probation. He's been in jail and this.
• 2:18:04
  Last time for. About 58 days he did test
• 2:18:08
  positive because he had smoked marijuana before he surrendered.
• 2:18:15
  It is with his mother in Baytown.
• 2:18:18
  He has no children. He is working at Palmer
• 2:18:21
  Distributing, have been employed there for a while and working a
• 2:18:27
  forklift. He does do online classes with
• 2:18:30
  Southern New Hampshire University for computer
• 2:18:36
  training. He does 3D modeling and that's
• 2:18:39
  when he was using with the THCA that he actually got, I think
• 2:18:45
  out of California online that he had.
• 2:18:48
  Sent. To him, he's done his community
• 2:18:51
  service hours. I think he's done 433 out of
• 2:18:54
  400. I believe he's paid all of his
• 2:18:57
  fees. This was his only hiccup.
• 2:19:01
  He he reported his arrest. I.
• 2:19:05
  Think the. Next day after his arrest and
• 2:19:10
  then when the warrant came out, which was I think January.
• 2:19:15
  The. 20th, he hired me and then surrendered to the court.
• 2:19:22
  Your honor, his mother is here. She's very, very much supportive
• 2:19:26
  of him and I don't believe he'll use any more THC products.
• 2:19:32
  We are asking that the court there is a another plan to
• 2:19:35
  extend for a year drop program and another drug assessment.
• 2:19:41
  And we would ask that. The court follow that
• 2:19:43
  alternative. Miss Malfina.
• 2:19:46
  Judge, obviously the underlying offense involving a weapon is
• 2:19:49
  concerning, however it looked like it was an issue amongst
• 2:19:53
  individuals who knew one another's family involving some
• 2:19:55
  young women as well. Mr. LeBlanc does not have any
• 2:20:00
  criminal history. I hate to see him have felony,
• 2:20:02
  but he's also exposed to quite a bit on a revocation of this
• 2:20:05
  probation. I would defer to whatever Miss
• 2:20:08
  Shagwa has to add, but I would ask that if he's continued judge
• 2:20:12
  that he'd be extended and possibly have something a little
• 2:20:14
  bit more intensive than. Just.
• 2:20:18
  Anything to add that's not in that updated report from
• 2:20:21
  probation? I mean, so I mean, Mr. Lebach,
• 2:20:25
  you've done so well. I mean better than most you've
• 2:20:29
  done so the fact that you've got all your community service.
• 2:20:33
  You. Paid your fees, you've reported
• 2:20:36
  like you're supposed to. Obviously you understand that
• 2:20:40
  you cannot use any type of THC program, THC in any form,
• 2:20:44
  whether it's legal here, legal in another state, it's if you
• 2:20:48
  test positive, there's no way for us to know if it's legal or
• 2:20:51
  not legal. And so you're not supposed to
• 2:20:53
  use it If it's going to show positive in a drug screen and
• 2:20:55
  you can't use it, you understand?
• 2:20:57
  Yes, ma'am. All right, So what I'm going to
• 2:21:00
  do is find that you enter your pleas are true to counts 1-2 and
• 2:21:02
  three freely and voluntarily find this counts true, find
• 2:21:06
  sufficient evidence to find you guilty and revoke your
• 2:21:08
  probation. But I'm not going to do that
• 2:21:10
  today. I think you've come a long way
• 2:21:14
  over on your almost at the end of your probation.
• 2:21:16
  I'm going to continue you I'm going to extend you for one
• 2:21:20
  year. Conditions are going to be that
• 2:21:24
  you, you'll be on the high and I don't know if he'll still be in
• 2:21:28
  Harris County. And so whatever the whatever
• 2:21:31
  they have that's comparable to what I'm ordering is what you're
• 2:21:34
  going to have to do. You're going to be on the high
• 2:21:36
  medium caseload. You'll be you'll be required to
• 2:21:47
  enroll in and pay for it and successfully complete the Texas
• 2:21:51
  Drug Education and Offender program.
• 2:21:55
  You'll obviously you have to test negative.
• 2:21:58
  There's going to be a new substance abuse assessment done.
• 2:22:01
  If there's any issues that they find that you need more
• 2:22:04
  treatment than what we've already saying, then you're
• 2:22:06
  being required to comply with whatever that is.
• 2:22:08
  Do you understand? OK, so this wasn't agreement and
• 2:22:12
  agreement. So you do have some rights to
• 2:22:14
  appeal. You can talk to Mr. Lane about
• 2:22:17
  that. And I need you guys to sign
• 2:22:18
  this, Mr. Lane, please. But you'll be released.
• 2:22:24
  And first thing you do is go to probation and make sure you get
• 2:22:27
  everything taken care of like you're supposed to.
• 2:22:29
  OK. All right.
• 2:22:30
  Good luck to you, Sir. Thank you.
• 2:22:41
  So we're going to need this though once they all sign it,
• 2:22:44
  right? If you just.
• 2:22:45
  Yeah, if you always get this once, you get the signatures, if
• 2:22:48
  you'll get it back to Kelly so she can get it.
• 2:22:50
  All right, friends, I'm going to keep an eye on Judge Westcourt.
• 2:22:54
  We're in hour 3. What about 40 more minutes to go
• 2:22:57
  today? Let's go to Louisiana.
• 2:23:00
  Checking on the board. Haven't been there in a while.
• 2:23:04
  My name is Carolyn Stapleton. I'm at DLC headquarters with Mr.
• 2:23:08
  Pete Freeman, and we'll be joined by Jerry Ledoux.
• 2:23:11
  She'll be joining us by Zoom this morning.
• 2:23:15
  Is there anybody in the room with you?
• 2:23:18
  Today. No, ma'am, not besides the
• 2:23:20
  offset. It's outside the little box room
• 2:23:23
  I'm in. OK.
• 2:23:25
  And this time we're going to introduce headquarters staff.
• 2:23:31
  OK? All right.
• 2:23:35
  I'm going to read your revocation statement.
• 2:23:38
  OK, The reasons for your revocation and then you're going
• 2:23:42
  to let me know whether you agree with it or not?
• 2:23:47
  I want to get his question and we'll turn it over to Miss Ladue
• 2:23:50
  and she can read the violations. OK, it's hers.
• 2:23:53
  Got me up there. It's good.
• 2:23:55
  OK, Well, what we're going to do is we're going to ask you.
• 2:23:58
  Do you have your questionnaire, Sir?
• 2:24:00
  Yes, yes. Well.
• 2:24:02
  OK. And you agree with everything
• 2:24:08
  and you got your notification. So at this point, I'm going to
• 2:24:12
  turn it over. To Miss Ladue, Yes, Well.
• 2:24:25
  OK. Minor difficulties at the moment
• 2:24:29
  you just stand by as. Well.
• 2:24:35
  OK, Miss Stapleton, if you want to go ahead and read out those
• 2:24:41
  revocations, no problem. OK, Aye.
• 2:24:45
  So, rule violations #4 you committed the offenses of
• 2:24:49
  Aggravated assault with a firearm and convicted felon in
• 2:24:54
  possession of a firearm evidenced by a warrant being
• 2:24:57
  issued by the Brouilly Police Department on 12/31/2024.
• 2:25:04
  On 12/18/2020, five in the 18th JDD under Docket W Baton Rouge
• 2:25:10
  251 060, the subjects pending charge of aggravated assault
• 2:25:18
  with a firearm was ruled not crossed by Judge Tanya Lurie.
• 2:25:24
  Do you agree or disagree with that?
• 2:25:28
  I agree. OK, OK.
• 2:25:37
  All right. Committed the offense of
• 2:25:42
  Domestic Abuse Battery evidenced by a warrant being issued for
• 2:25:47
  your arrest by the Port Allen Police Department on 342025.
• 2:25:53
  On 932025 in the 18th JDDJDC under Docket W Baton Rouge 250
• 2:26:04
  824, the subjects pending charge of Domestic Abuse Battery.
• 2:26:08
  Child endangerment was ruled not processed by Judge Tanya Laurie.
• 2:26:14
  Do you plead guilty, not guilty or guilty with a statement?
• 2:26:23
  Not guilty, but can I still? Yes.
• 2:26:28
  He can. So far as the the domestic abuse
• 2:26:34
  better and the child endangerment, that was my my
• 2:26:39
  baby's mother. She stood up in open court and
• 2:26:42
  let the judge and the DA know that she was drunk.
• 2:26:45
  That was Mardi Gras day it took place.
• 2:26:47
  She was drunk. She was the aggressor.
• 2:26:50
  I didn't do her anything. And so far as the other charges,
• 2:26:54
  her and the other girl let the let the DA and the judge know
• 2:26:58
  that I had nothing to do with that.
• 2:27:00
  Now who they told them it was I don't know, but I had nothing to
• 2:27:04
  do with that. Did you have a gun?
• 2:27:09
  No, Sir. Well, why did witnesses say both
• 2:27:13
  of y'all had a gun? I don't know why they say that,
• 2:27:16
  but I didn't have no gun, so I don't know if they told you that
• 2:27:20
  about me. They lied, respectfully.
• 2:27:24
  I didn't have no gun. I know not to possess a firearm.
• 2:27:28
  I had nothing to do with it. That one of course you plead not
• 2:27:38
  guilty to also both of them so far.
• 2:27:40
  OK. You were arrested by the Baton
• 2:27:42
  Rouge Police Department on fugitive warrants from both
• 2:27:45
  Brewery Police Department and Port Allen Police Department on
• 2:27:49
  4/16/2020. Five guilty will not guilty or
• 2:27:54
  guilty with a statement. Guilty with a statement.
• 2:27:58
  I was arrested in East Bend Rouge for the warrants in West
• 2:28:05
  Bend Rouge. OK, according to the warrant
• 2:28:11
  provided by the Brewery Police Department on 12/31/2024, you
• 2:28:17
  were in possession of a firearm in the Commission of the
• 2:28:20
  offenses Convicted Felon in Possession of a Firearm and
• 2:28:24
  Aggravated Assault with a Firearm.
• 2:28:26
  Guilty, Not guilty or guilty with a statement.
• 2:28:30
  Not guilty ma'am. That's why they dismissed the
• 2:28:32
  charges in court. If I had a firearm, they would.
• 2:28:35
  If I would have got, if I would have had a firearm in my
• 2:28:38
  position, they wouldn't have dismissed the charges.
• 2:28:42
  You see, kind of understand what I'm saying, ma'am.
• 2:28:45
  I know, but I read in the police report too that the person that
• 2:28:50
  there was another person that heard the gunshots and they went
• 2:28:53
  out there and in the exact location where you were and had
• 2:28:57
  been walking, they found two spent shell casings.
• 2:29:01
  Ma'am, Yes, ma'am, I understand what you're saying.
• 2:29:05
  But ma'am, listen, I did not possess no firearm.
• 2:29:09
  I'm 33, ma'am. I've been on parole, as you can
• 2:29:13
  see a long time. I know the do's and don'ts.
• 2:29:17
  One thing, if you look at my if you look at my track, my track
• 2:29:20
  record, I'm going to tell if I if I'm wrong, I'm going to admit
• 2:29:25
  I'm going to take my charge. I'm going to take my time.
• 2:29:28
  I'm going to do my time and go on about my way.
• 2:29:31
  This one here, ma'am, I went all the way because they really got
• 2:29:34
  me bad. This time.
• 2:29:35
  If you look at my convictions, I take my time, continue all with
• 2:29:40
  my life, ma'am, I do. I have no problem owning up to
• 2:29:43
  what I've done, but this one me tell.
• 2:29:47
  You something about that, I am looking at your record and and
• 2:29:51
  you're, you know, you're a poor class offender.
• 2:29:54
  And here's here's the deal. In 2022, you were charged with
• 2:30:01
  illegal carrying of weapons, firearms, dangerous instruments
• 2:30:05
  and it was with drugs. Then you get out on good time
• 2:30:12
  and you had a history of that and in 2022 you had a second
• 2:30:17
  degree battery charge very similar to what we're talking
• 2:30:21
  about right here today. So that was in 2022.
• 2:30:28
  Schedule 1 Narcotics 4/18/2022 and then you had Schedule 1
• 2:30:36
  Producing, Manufacturing, Distribution, Possession with
• 2:30:40
  Intent 2022 products. So.
• 2:30:47
  And I'm looking here on your probation record.
• 2:30:50
  You had a conviction 2011. All right, then you get out on
• 2:30:55
  good time. 20/14/2015 Revocation waiver was a technical and then
• 2:31:04
  on 2015 you get a good time release again 2016 again you're
• 2:31:09
  incarcerated so you are out of here just kind of like right now
• 2:31:13
  you've been out like a year and so. 20. 14.
• 2:31:17
  Released to supervision, good time parole, then 2019 another
• 2:31:23
  time revocation, and then 2021 good time parole.
• 2:31:29
  Release to supervision 2022, Revocation 2024 good time,
• 2:31:35
  parole, and now we're here today.
• 2:31:39
  Yes ma'am, as I said, life. Life been rough for me ma'am.
• 2:31:44
  Life been rough. I'm not going to deny it.
• 2:31:47
  I'm not going to try to BS you. Life been rough, ma'am.
• 2:31:51
  It has. I'm not holding nobody else
• 2:31:53
  accountable for my paid decisions.
• 2:31:56
  I'm taking full responsibility a day I'm taking.
• 2:32:00
  Full responsibility. Every year and a half you get
• 2:32:03
  out and then boom, there's trouble.
• 2:32:05
  I lost my mom back in the day. I went berserk.
• 2:32:09
  I lost it. I couldn't think straight.
• 2:32:12
  I do the best, regardless to what I may have done.
• 2:32:16
  I do the best I can to provide for my children.
• 2:32:20
  It's me and my baby mother. I does the I play my role when
• 2:32:24
  it comes to my children. Life been hard.
• 2:32:28
  I just I have no explanation for it.
• 2:32:31
  But this one right here. This one no ma'am.
• 2:32:36
  No ma'am. My parents, as you see, I take
• 2:32:39
  my conviction and I go about it. But this one here, ma'am.
• 2:32:43
  No ma'am. No ma'am.
• 2:32:45
  No ma'am. No ma'am.
• 2:32:47
  No ma'am. No, ma'am.
• 2:32:50
  And they went out, we went all the way.
• 2:32:53
  The judge dismissed our charges. They they talked to whoever had
• 2:32:57
  some my baby Mama and the other person that had something to do
• 2:33:00
  with it. They told them the real whatever
• 2:33:02
  that was. I don't know, but whoever
• 2:33:04
  because whoever said I had again, that's that's mistaken.
• 2:33:08
  I did not possess A firearm like I don't know what else to tell
• 2:33:16
  you ma'am, I'm not trying to sit here, lie to you or be issue
• 2:33:20
  whatsoever. Like I'm telling you the real,
• 2:33:22
  like I say my past. I took all my convictions.
• 2:33:26
  I didn't go all the way. Hey, I did it.
• 2:33:28
  I did it this one here ma'am, when I'm wrong, I'm a man, I'm a
• 2:33:33
  I'm a owner to it. With all due respect, one as a
• 2:33:36
  man. If I'm wrong, if I made a
• 2:33:38
  decision, I'm a stand on side. That's what I did.
• 2:33:41
  But this one here. I like I got it.
• 2:33:45
  I got to go down swinging because I I didn't do anything.
• 2:33:49
  OK, let me ask you this, OK? According to the statement, the
• 2:33:52
  police statement by Dominique Thomas, she they took
• 2:33:56
  photographs of visible marks Thomas sustained as a result of
• 2:34:00
  the incident. Jackson fled the scene prior to
• 2:34:03
  police arrival in an unknown vehicle in an unknown direction
• 2:34:08
  and it said Daryl Jackson committed the offense of
• 2:34:10
  domestic abuse battery child in danger by pushing, kicking and
• 2:34:15
  slapping the Dominique Thomas inside her residence.
• 2:34:18
  Her statement is that Thomas advised the incident began when
• 2:34:25
  Jackson arrived at her residence when she was not home and picked
• 2:34:29
  up their son Zane without her knowledge.
• 2:34:32
  When Jackson later returned the child to the resident, a verbal
• 2:34:37
  the argument incurred occurred. Thompson stated that Jackson
• 2:34:41
  became enraged, began pushing her throughout the house,
• 2:34:45
  kicking her and slapping her in the face.
• 2:34:48
  Thomas father stated that Jackson scratched her on her
• 2:34:52
  upper chest area. So she's the one that told
• 2:34:56
  everybody that you did those things to her and they took
• 2:34:59
  pictures. OK and what, ma'am?
• 2:35:03
  that Lady has an alcohol problem. that Lady, when she get
• 2:35:06
  drunk, she goes berserk. And when she seen that she got
• 2:35:09
  me in a lot of trouble, she came to court and told the judge,
• 2:35:13
  Jana, I was drunk, I was the aggressor.
• 2:35:15
  He didn't do me anything now. Now maybe the scratch.
• 2:35:20
  Hey, it came when I was trying to get out of the house and I
• 2:35:22
  pushed her off of me. She was tearing my shirts.
• 2:35:25
  We let me out of the house. So I I maybe scratched her as I
• 2:35:29
  pushed her off of me trying to get out of the house.
• 2:35:32
  But yes, I came and I got my son.
• 2:35:35
  I came, I got my son. I had my son all day.
• 2:35:40
  This, this, this my junior, I need I wanted to see my my baby.
• 2:35:45
  I got my son, I got my son. I spent the day with him.
• 2:35:49
  We went out to eat, we went to the park, we did our father son
• 2:35:53
  thing. And when I bring him back, that
• 2:35:56
  was so much of a problem for her.
• 2:35:58
  So once I'm putting him in his room, taking him to his room,
• 2:36:01
  let him know Daddy'll be back here.
• 2:36:03
  She come with the foolishness. So once you go to doing whatever
• 2:36:08
  she doing as usual when she drunk, I'm trying to get out of
• 2:36:13
  the house. I'm man.
• 2:36:15
  Go ahead. Please go ahead.
• 2:36:17
  This the most I did yes, get her off of me to get out.
• 2:36:22
  I'm going. To pass the questions over to
• 2:36:25
  Mr. Pete Brittany. OK.
• 2:36:27
  May actually. Well, I got one more question
• 2:36:29
  for you. OK.
• 2:36:30
  Were you there when the incident went down between the two ladies
• 2:36:36
  that were supposed to fight over the laundry?
• 2:36:38
  Were you there? Yes, Sir, I was.
• 2:36:41
  I was the peacemaker. I'm not going to.
• 2:36:43
  Believe you because you told him at the preliminary hearing you
• 2:36:47
  wasn't even that. I never told him that.
• 2:36:52
  The latest deal self you can call it, it's not present during
• 2:36:56
  the incident, Jackson advised that his ex or apprentice out of
• 2:37:00
  control. Sir, ma'am, Sir.
• 2:37:04
  I mean, OK, I have no further question.
• 2:37:09
  OK, Miss Ledoux, yes, we do have a memo attached to the file that
• 2:37:19
  has comments from Lakeisha Duncan indicating that she
• 2:37:29
  claims that the women turned to walk away shots were fired.
• 2:37:34
  She believes it was an attempt to intimidate each other.
• 2:37:37
  She did not see who fired a gun as both males had firearms.
• 2:37:43
  Correct. OK, so I have no further
• 2:37:48
  questions. I stand ready to vote at the
• 2:37:50
  appropriate time. Oh, we've got somebody.
• 2:37:54
  Oh, who's joining us. Dominique is going to join us.
• 2:38:11
  Dominique, you can go ahead and speak.
• 2:38:19
  Ma'am, can you hear? Yes, ma'am.
• 2:38:27
  Go ahead and speak. Well, I, I just want to speak
• 2:38:33
  about this incident happened brutally do that.
• 2:38:40
  Nothing to do with that. It wasn't there when it started.
• 2:38:45
  He he came because he was coming to the night.
• 2:38:49
  But it was between me and Lakeisha and it was and the
• 2:38:53
  Quincy cane that was out there. The Quincy cane is the can't
• 2:38:57
  hear. You breaking up?
• 2:39:08
  Yeah, try to call on the phone. They're going to try and call
• 2:39:12
  you on the phone. Hello.
• 2:39:32
  Yes, Sir. OK, we're going.
• 2:39:36
  We we got you on the phone now. It's going to be hard for Miss
• 2:39:40
  Ledoux to hear, but we can hear you very well.
• 2:39:42
  So going to make you statement what you want to tell us.
• 2:39:46
  I said I. Was.
• 2:39:48
  Coming on the situation that had been improved with between me
• 2:39:52
  and Latisha Bird. OK.
• 2:39:56
  That situation, it had nothing to do with that one first
• 2:39:59
  started and he was not there. It was it was me to Quincy and
• 2:40:03
  have achieved that it was there. The other came later on and what
• 2:40:08
  once the the stuff had already started to try to get me inside
• 2:40:12
  the house? He.
• 2:40:16
  He. Never.
• 2:40:16
  He never came. Out there with.
• 2:40:19
  A firearm. So why would you make the
• 2:40:20
  statement that he had a firearm? I mean, OK.
• 2:40:30
  Well, I've got another. State what about the slapping
• 2:40:32
  and stuff? Did he hit you?
• 2:40:37
  You made a statement. No part of the truck guys I had
• 2:40:41
  and I don't really no one yesterday night.
• 2:40:43
  Because I was in complication. Got you.
• 2:40:50
  Do you have any questions anybody?
• 2:40:52
  Do you got any questions, man? I'll be doing all that on the
• 2:40:55
  screen. I apologize, man.
• 2:40:59
  All right, but don't, don't do that, OK?
• 2:41:05
  Any more questions? Ready to vote?
• 2:41:12
  OK, The case is mine. So Mr. Jackson, based upon your
• 2:41:18
  prior history of numerous revocations, you're only usually
• 2:41:21
  out a year, maybe a year and a half, and then you're revoked
• 2:41:25
  and you've done that again. This time you're a fourth felony
• 2:41:28
  offender. And also the the domestic
• 2:41:32
  violence. Now she says she didn't vote.
• 2:41:34
  I mean, there's affidavits that she's accusing you of slapping
• 2:41:39
  her and coming back to the house with child present.
• 2:41:42
  So, you know, that's her statement.
• 2:41:45
  And based upon that, I'm going to and we have law enforcement
• 2:41:50
  opposition. Let me see.
• 2:41:57
  My vote is going to be to revoke you today based on past history
• 2:42:03
  and present accusations. OK.
• 2:42:13
  Miss Lejeune, I vote by the preponderance of evidence by
• 2:42:17
  police reports and witnesses is to revoke parole, parole, and to
• 2:42:22
  encourage this offender to be placed in the Duluth Domestic
• 2:42:26
  Abuse Battery Program during his incarcerated period.
• 2:42:34
  Very good, and I concur. I find him in violation
• 2:42:38
  condition #4 and #5. And that concludes our interview
• 2:42:44
  today, and it's 9/16. Revoked, probably to the
• 2:42:50
  surprise of no one. Let's do something different.
• 2:42:55
  Newaygo County, Michigan. This is Judge Robert
• 2:42:58
  Springstead. All right, this is case number
• 2:43:17
  2513603 FH people versus Roberto Ailman.
• 2:43:26
  He's set for a probation violation hearing today.
• 2:43:33
  There's been a recommendation made that his initial guidelines
• 2:43:38
  were zero to 17 months. He was originally sentenced to
• 2:43:43
  270 days in jail. The recommendation is that he
• 2:43:47
  serve an additional 90 days for this probation violation, that
• 2:43:53
  he remain on probation after serving the jail sentence.
• 2:43:59
  And Mr. Robert, do you adopt that recommendation as an offer
• 2:44:04
  in this case? I do, Got it.
• 2:44:07
  And Mr. Isak, is that your understanding of the offer?
• 2:44:12
  It is Judge. What does Mr. Yeoman want to do
• 2:44:15
  Judge? You'll enter a plea to the two
• 2:44:17
  non-technical violations of use and possession of marijuana and
• 2:44:23
  ask the. Court to follow the.
• 2:44:24
  Recommendation provision partner.
• 2:44:26
  I explained to him court policy agreement.
• 2:44:31
  It's going to be the end of his county time.
• 2:44:33
  Once he finishes his jail sentence, he knows it's going to
• 2:44:36
  be on probation. He also knows that if he
• 2:44:39
  violates again, there's probably no alternative but an MDOC
• 2:44:45
  sentence unless there's, you know, a treatment option
• 2:44:51
  available. But he understands that judge.
• 2:44:53
  And with that being. Said and which?
• 2:44:55
  Plead to the violations. All right.
• 2:45:19
  Is that what you want to do, Mr. Ellen?
• 2:45:21
  Yes, Your Honor. All right.
• 2:45:23
  Raise your right hand please. You sum the square oath or
• 2:45:26
  affirm the testimony you're about to give is the truth, the
• 2:45:28
  whole truth and nothing but the true self.
• 2:45:30
  You got understanding that the allegations here that your place
• 2:45:36
  on probation this. Court.
• 2:45:39
  For. In the year.
• 2:45:41
  Felony offensive of possession of controlled substance less
• 2:45:45
  than 25 grams with the double drug enhancement.
• 2:45:47
  Do you understand that that you were sentenced on October 14th,
• 2:45:53
  2000? 20. 5 the allegation further is
• 2:45:57
  that you violated your probation while you were in the jail in a
• 2:46:02
  non-technical manner. Count 2 says if you violated the
• 2:46:05
  condition. Of the one.
• 2:46:07
  That you're not violating any criminal law of any of the
• 2:46:08
  government. The allegations that honor about
• 2:46:12
  March 7th that you violated Michigan State law when you were
• 2:46:17
  in possession of contraband marijuana dead pens well in the
• 2:46:22
  migrant county jail. Do you understand the
• 2:46:24
  allegations continue in the count 2, Count 3, another
• 2:46:29
  violation of condition number one and on the same date that
• 2:46:34
  you violated Michigan State law when you used or possess
• 2:46:38
  contraband marijuana in Royo County Jail.
• 2:46:40
  Understand the allegations containing count 3.
• 2:46:45
  There's an agreement in this case that you'd be sentenced to
• 2:46:48
  an additional but 90 days in jail for this probation
• 2:46:54
  violation which would bring you up to 360 days in jail.
• 2:47:00
  Do you understand that further that you observation would be
• 2:47:06
  continued after that you understand that probably take
• 2:47:15
  any good time that you may have earned from you understand that
• 2:47:19
  all right, is that your complete understanding of the clear
• 2:47:24
  agreement in this? Case.
• 2:47:28
  And subject to the clear agreement, how do you wish to
• 2:47:30
  plea? Do you understand that if I
• 2:47:34
  accept your guilty plea that you're giving up?
• 2:47:37
  I swear. And then.
• 2:47:39
  Yes. OK.
• 2:47:41
  Do you understand that if I accept your guilty plea, you're
• 2:47:43
  giving up the right to contest these allegations at a hearing
• 2:47:47
  and you also understand that you're giving up the rights that
• 2:47:49
  you would have ethic? We.
• 2:47:53
  Previously advised you of those rights in writing and you signed
• 2:47:59
  invisive rights form on April. Senate.
• 2:48:04
  Did you read that document? Did you understand those rights?
• 2:48:09
  Do you also? Understand that you might be
• 2:48:10
  giving up the right to appeal any appeal issues you might have
• 2:48:14
  if you had a contested hearing and I found you guilty.
• 2:48:18
  Understand. That you are giving up the.
• 2:48:20
  Right to appeal this conviction sentence and if you wish to file
• 2:48:23
  an appeal, it would be by application for you to appeal
• 2:48:25
  the court appeals that it's not appealed by right.
• 2:48:28
  Has anyone threatened you to get you to make this plea?
• 2:48:32
  Has anyone promised you an outcome different than placed on
• 2:48:34
  the record? Are you introduced to plea as
• 2:48:37
  your own free will? Yes Sir.
• 2:48:40
  Understand that if I accept your guilty plea, you're giving up
• 2:48:42
  the right for greater claimants to is not your choice.
• 2:48:45
  Do not give up your right to contest these allegations.
• 2:48:47
  At a hearing. And all the rights that you
• 2:48:50
  would have at that hearing. And do you affirm your guilty
• 2:48:55
  plea? Is it true then in fact on
• 2:48:59
  October 14th, 2025, that you replaced that you were sentenced
• 2:49:03
  and placed on probation this court for the year felony
• 2:49:06
  offense of possession of a narcotic or cocaine less than
• 2:49:10
  25g, double drug enhancement. Was it also true that a
• 2:49:15
  condition of reprobation was that you had by any criminal law
• 2:49:17
  of any government? Did you violate that condition
• 2:49:21
  of your probation under about March 7th?
• 2:49:27
  Inmate in the. Mayo County Jail, did you have
• 2:49:31
  trustee status at that point and did?
• 2:49:36
  You. Have possession of THC dead pen
• 2:49:43
  and or other marijuana as well. Did you smoke or ingest that?
• 2:49:50
  Well, inmate in the county jail, Yes, I did.
• 2:49:55
  Where did you get those substances?
• 2:50:00
  You got to be careful here because my inclination is to
• 2:50:03
  send you to prison. And if you do not tell me
• 2:50:07
  truthfully where that came from and how it happened, I'm not
• 2:50:10
  going along with this deal. You're going to prison.
• 2:50:20
  Somebody, somebody threw those things to you.
• 2:50:23
  Out of a window. Right, who did that?
• 2:50:28
  What's her name? Katie.
• 2:50:32
  What? And what is her relationship to
• 2:50:35
  you girlfriend? All right.
• 2:50:39
  And you had some you communicate with her somehow asking her to
• 2:50:45
  do that, is that correct? OK.
• 2:50:49
  And she did, right? Was it just this one time or had
• 2:50:54
  she done it before? Is that the truth?
• 2:51:16
  I'm asking you that because the report indicates that on about
• 2:51:22
  March 7th, 2026, about 8:20 at 59, eight, 2059 seconds,
• 2:51:29
  approximately 153 minutes into the call, you asked the e-mail
• 2:51:36
  on the phone, can you do me one favor again?
• 2:51:41
  And she said, yeah, I got you. So that to me says that it
• 2:51:45
  probably happened more than one time because otherwise how would
• 2:51:50
  she know what the favor was and why would you be saying do me
• 2:51:53
  that one favor again? So I'll ask you one last time.
• 2:51:58
  Was this the first time that happened or it happened before?
• 2:52:02
  All right. Did you share or provide this
• 2:52:13
  contraband to any other inmates in there or just keep it for
• 2:52:16
  yourself? Why would you do?
• 2:52:19
  This. I have the.
• 2:52:26
  Problem with this. OK.
• 2:52:36
  Are the attorneys aware of any promises, threats or business
• 2:52:39
  which has not been seen on the record?
• 2:52:40
  No, Your honor. Is he competent to enter this
• 2:52:43
  plate? Is Your Honor, does the court
• 2:52:45
  comply with the rule for taking the cleaning probation violation
• 2:52:47
  case? They have their honor.
• 2:52:49
  The. Court has the.
• 2:52:51
  Court does find the plea to be annoying, understanding,
• 2:52:52
  voluntary and accurate. Parties wish to proceed to
• 2:52:57
  sentencing today. Yes, our honor, we do.
• 2:52:59
  Judge is the word. Time you made available to was
• 2:53:02
  your honor. It was.
• 2:53:04
  Mr. Price, I give you the opportunity to read the report
• 2:53:06
  and discuss it with Mr. Hellman. I have judged.
• 2:53:08
  Do you have any additions, corrections or challenges?
• 2:53:10
  We do not. Anything that you want to
• 2:53:12
  consider? Well, he and I.
• 2:53:15
  Talked about this, about him telling the court what happened
• 2:53:20
  and how it happened, with the understanding that that's part
• 2:53:26
  of the rehabilitation process, part of what the courts looking
• 2:53:30
  for to be honest with. The.
• 2:53:33
  Court regarding his actions, he knows that again, this is going
• 2:53:40
  to use up the rest of his county time with his 990 more days and
• 2:53:45
  then you know, MDOC will probably be the next stop.
• 2:53:48
  So he did come through today to tell the court the truth as to
• 2:53:53
  what happened and we're asked the court to follow a
• 2:53:55
  recommendation. All right, Mr. Owen, have you
• 2:53:58
  had the opportunity to read the report and discuss it with?
• 2:54:00
  Mr. Price, Doc Do. You have any additions,
• 2:54:03
  corrections or challenges, anything that you want the court
• 2:54:06
  to consider? I.
• 2:54:08
  Apologize for reading this this work so I.
• 2:54:12
  Feel that I did myself and. I.
• 2:54:14
  Left my family down and that's all.
• 2:54:16
  I let the jail down. Courts and take actions, take
• 2:54:23
  the responsibility for my actions.
• 2:54:26
  You offer any addition, description or challenge
• 2:54:29
  anything that you want. The courts consider nothing
• 2:54:31
  additional all. Right.
• 2:54:33
  The court recognized that the initial advisory guidelines in.
• 2:54:36
  This case would. Suggest a sentence between 0 and
• 2:54:37
  17 months, how it's going to exercise my discretion.
• 2:54:40
  Said it's consistent with those advisory guidelines, consistent
• 2:54:43
  with the agreement in this case be the sentence of the court
• 2:54:45
  that this defendant served 360 days in the Glen Royal County
• 2:54:54
  Jail. Our calculations indicate that
• 2:55:29
  you have 100. And 96.
• 2:55:30
  Days credit. The PSI says you have 211 days
• 2:55:35
  credit. So we'll have to reconcile those
• 2:55:42
  two numbers, but you'll get credit for the time that you
• 2:55:45
  spent in jail until today. So we'll figure out what exactly
• 2:55:55
  that is, and what the discrepancy is between our
• 2:55:57
  calculations and and and. You know CS.
• 2:56:01
  Calculations which you get credit for that you are going to
• 2:56:04
  remain an approbation and as your attorney indicated if
• 2:56:08
  there's any violations of probation.
• 2:56:09
  Next stop is if you have a right to make application for your
• 2:56:16
  conviction sentence. If you can have a 43 court of 43
• 2:56:19
  represent you on the fuel request for voter was filed in
• 2:56:21
  court within. 42 days. I didn't write it down.
• 2:56:34
  Mr. Helman, what's Katie's last name?
• 2:56:36
  Again. And then I saw.
• 2:56:39
  Jonathan Butler DUTLER. OK, thank.
• 2:56:49
  You. All right, friends, let's head
• 2:56:52
  back to Judge Westcourt and we will finish our morning there.
• 2:57:00
  Good morning. Are you Paul Nelson and Will
• 2:57:02
  your client with the formal reading of the indictment in
• 2:57:04
  each of the cases? Mr. Nelson and cloth number 23,
• 2:57:15
  DCCR 1786, you're charged with the third degree felony offense
• 2:57:19
  of possession of child pornography from January 13th of
• 2:57:23
  2021. And how do you plead to that
• 2:57:25
  charge? Are you pleading guilty freely
• 2:57:28
  and voluntarily? And are you pleading guilty
• 2:57:31
  because you actually did what they charged you with?
• 2:57:34
  And then in clause number 23, DCCR 1787, you are also charged
• 2:57:40
  with a third degree felony offense of possession of child
• 2:57:43
  pornography from January 13th of 2021.
• 2:57:46
  And how do you plead to that charge?
• 2:57:48
  Again, are you pleading guilty freely and voluntarily and
• 2:57:52
  because you did what they charged you with in each of
• 2:57:54
  these cases? I have here on the tablets and
• 2:57:57
  documents that have your signature on them that the
• 2:58:00
  states marked as exhibit #1. Before you sign these, did you
• 2:58:03
  go over them with your attorney? Do you fully understand them?
• 2:58:07
  And do you understand if I follow the agreements that
• 2:58:10
  you've made with the District Attorney that you'll be waving
• 2:58:13
  or giving up any right to appeal?
• 2:58:17
  Also, do you understand if you're not AUS citizen, that a
• 2:58:19
  plea of guilty or no contest may result in your deportation,
• 2:58:23
  exclusion from admission to the country, or denial of
• 2:58:26
  naturalization under federal law?
• 2:58:28
  I'm required to ask everyone, state, excuse me, state tenders
• 2:58:34
  #1 in each case. No.
• 2:58:36
  It's admitted in each case. Is there any evidence that
• 2:58:38
  Mister Nelson is not competent? All right, Sir, in each of your
• 2:58:41
  cases I'm going to find that you enter your pleas of guilty
• 2:58:44
  freely and voluntarily, that you're mentally competent and
• 2:58:48
  understand the nature and the consequences of your pleas.
• 2:58:51
  Find sufficient evidence in each case to find you guilty and at
• 2:58:54
  this time and cause #23 DCCR 1786 find find you guilty
• 2:59:01
  sentence you in accordance with your agreement to a term of
• 2:59:04
  eight years in the Institutional division of the Texas Department
• 2:59:07
  of Corrections. You will receive credit on that
• 2:59:10
  sentence for any time that you've been in custody that the
• 2:59:12
  law gives you the right to receive.
• 2:59:14
  And then in cause #23 DCCR 1787, find sufficient evidence to find
• 2:59:20
  you guilty and at this time find you guilty of possession of
• 2:59:22
  child pornography. Sentence you in accordance with
• 2:59:25
  your agreement to a term of eight years in the Institutional
• 2:59:28
  division of the Texas Department of Corrections.
• 2:59:31
  You will also receive credit on that sentence for any time that
• 2:59:34
  you've been in custody that the law gives you the right to
• 2:59:36
  receive. These cases will run
• 2:59:38
  concurrently, which means together at the same time and
• 2:59:41
  also concurrently with Montgomery County cases, Is that
• 2:59:45
  correct? They'll run concurrently with
• 2:59:47
  that as well. I'm getting you the trial court
• 2:59:50
  certifications. Those show that these were
• 2:59:52
  agreements that I followed, and so you waived your right to
• 2:59:55
  appeal. I've also handed you a written
• 2:59:58
  admonishment regarding your ineligibility to possess a
• 3:00:01
  firearm or ammunition. Because of the judgments entered
• 3:00:04
  against you, you're ineligible under Texas law to possess a
• 3:00:07
  firearm or ammunition. Possession of a firearm or
• 3:00:10
  ammunition could lead to charges against you.
• 3:00:13
  If you have questions about the laws that make you ineligible to
• 3:00:15
  possess a firearm or ammunition, or about how long that lasts,
• 3:00:19
  you can talk with Judge Walker. Right?
• 3:00:20
  Good luck. You, Sir, You can go back to the
• 3:00:22
  bailiff. We would ask that the court
• 3:00:24
  waive any court cost us he has indigent.
• 3:00:27
  I need to court needs me to inquire.
• 3:00:29
  About that I'm happy to, but he's been.
• 3:00:30
  Incarcerated for 2 1/2 years and he has 0 dinero.
• 3:00:37
  What are the typical court cost on a?
• 3:00:41
  200 and something dollars plus this fee plus that fee.
• 3:00:45
  So total in both cases, Ronald will be around $550.
• 3:00:50
  Well, I'll do, let me make a invitation and I'll get with
• 3:00:53
  Miss Werner, the other clerk, and find out exactly with a
• 3:00:55
  process for that and take into consideration that he's indigent
• 3:01:00
  that you relate that and I will let you know exactly how that
• 3:01:04
  works and if we can do it. Do you have any, any issue with
• 3:01:08
  regard to that? I'll defer to the court on that
• 3:01:11
  issue. OK, thanks, Miss French.
• 3:01:13
  All right, you can go back with Bailiff.
• 3:01:14
  Yes, Sir. Have a good one.
• 3:01:15
  You'll make a note on me on that.
• 3:01:18
  All right, friends, that will do it for this morning.
• 3:01:20
  We will be back for sidebar tonight, 8:00 PM Eastern, 5:00
• 3:01:23
  PM Pacific. Do join us for that.
• 3:01:25
  We're going to dig into that case that we saw in Judge Pearls
• 3:01:29
  Court yesterday with the woman who was caregiving for her
• 3:01:34
  mother but managed to steal her mother's money.
• 3:01:38
  So do check that out tonight right here on this channel and
• 3:01:42
  I'll be back obviously tomorrow, 9:00 AM Eastern, 6:00 AM
• 3:01:44
  Pacific. So join us then.
• 3:01:46
  I hope you all had fun. Thank you to everybody for
• 3:01:49
  helping out with the Super chat goal today.
• 3:01:51
  We will Doctor Seuss the intro and outro tomorrow.
• 3:01:54
  So that should be fun. Go have yourselves a good day.
• 3:01:56
  Take care, God bless.