Latest / The Courtroom Files / May 01, 2026 Court Hearings: Sentences Robber, Sets $385K Bond, Rules on Wrongful Death Motions + More | TCF Podcast #282

Transcript

May 01, 2026 Court Hearings: Sentences Robber, Sets $385K Bond, Rules on Wrongful Death Motions + More | TCF Podcast #282 · The Courtroom Files

• 0:00
  Good morning everybody. Happy Super Friday the 1st of
• 0:03
  May today. I can't believe it's May
• 0:05
  already. Welcome to TCF Live.
• 0:06
  My name is Dan Sole. I am armed with a plate of
• 0:10
  bacon, AV8 energy drink and a dream of a good morning with all
• 0:14
  of you. So let's make it happen.
• 0:17
  We'll start off with Judge Middleton.
• 0:20
  Mr. Bush, Vivian is checking in right now.
• 0:23
  Do you need her services? Is Jose Sanchez Lopez here?
• 0:31
  If you could go on out, We'll set you up one of the conference
• 0:35
  rooms. Good morning, Vivian.
• 0:37
  Good morning. Mr. Bush is here in a timely
• 0:40
  manner. His client is here in a timely
• 0:42
  manner and we're going to set up a conference room.
• 0:47
  And our conference rooms are not ideal.
• 0:50
  They're very small and dark and the walls are paper thin, but
• 0:57
  let's get a minute to get them set.
• 0:59
  Up. In the meantime, let's talk to
• 1:00
  Rachel Jessie. Good morning, Mr. Jessie.
• 1:05
  You're here with your lawyer, Jordan Harden.
• 1:09
  There we go. This is a three over city
• 1:12
  ordinance case. Also have a busy landlord tenant
• 1:19
  docket. Barbara, thank you for the $10
• 1:23
  on camera right now on my plate of bacon.
• 1:25
  Thank you very much. Here we go.
• 1:28
  All right. The final.
• 1:29
  Number here is 26428 OT people were so Jester.
• 1:35
  That's you, Sir. Yes, Sir.
• 1:37
  You got a ticket for driving with a suspended license on Main
• 1:42
  Street and Michigan Ave. This time you weren't on a moped
• 1:45
  or AE bike, you were on a Dodge. Truck.
• 1:50
  I think anyway, driving suspended is a misdemeanor.
• 1:55
  It's punishable by up to 93 days in jail or fine of up to $500.
• 2:00
  The prosecutor has agreed to reduce that charge to a charge
• 2:03
  called allowing another to violate the Motor Vehicle Code.
• 2:07
  That one carries no points, doesn't get abstracted to your
• 2:10
  driver's license, won't affect your ability to keep or maintain
• 2:14
  your license. You understand, Jordan, you did
• 2:20
  do an advice of rights with the defendant, Mr. Jeske, understand
• 2:25
  you'll be giving off those rights by having this plea.
• 2:29
  I'm still finding my way in here myself.
• 2:33
  All right. Other than this plea agreement,
• 2:36
  did anyone promise you then to get you to plea to this?
• 2:39
  No. Threaten you?
• 2:41
  No. Now you know better than this,
• 2:47
  but where were you going on March 11th?
• 2:50
  I was dropping off help for doing their cleanup during the
• 2:54
  tornado and yes it was about 3:00 but we were going from the
• 2:57
  hotel to my house and then back dropping them off up down by the
• 3:01
  shell. Well, it was 2:26 AM.
• 3:05
  The. Tornado hit on March 6th.
• 3:07
  I I was doing major cleanup for three hotels for almost a week
• 3:11
  straight. All right, And whose car were
• 3:14
  you driving? My neighbors, he'd allowed me to
• 3:17
  borrow it so that I could try and get some of the clean up
• 3:19
  done just for the purpose of what had happened.
• 3:22
  Were you volunteering or were you getting paid?
• 3:24
  For some of this stuff. But half of it was volunteered
• 3:27
  but most of it was pay I'm. Good.
• 3:29
  I know you need work because you're going to have to pay me
• 3:31
  some money. All right?
• 3:34
  And your license was suspended at that time.
• 3:38
  Fine is $100, which is $75 crime victims rights fee $50 state
• 3:44
  minimum fee $150.00 attorney fee that's a lot that's 350 plus you
• 3:50
  have an unpaid fine. Well, I'm not sure frankly what
• 3:56
  the status of that is. It's.
• 3:57
  Your Honor, part of the reason that he was made the offer that
• 4:00
  he was was because he was able to pay off his fines and get his
• 4:03
  license reinstated. All right, very good.
• 4:08
  So it's very possible he is. He's totally all paid up with
• 4:11
  with our county. Good.
• 4:13
  He's got some sort of zoning thing with the city, but I'm not
• 4:16
  sure what the status of that is. So today's 51.
• 4:20
  Can you pay that today or do you need time?
• 4:22
  I can pay it until on the 7th. I'll give you till the end of
• 4:25
  the month, May 3030, the fines only 100 bucks.
• 4:32
  Actually I'm going to make it 75 bucks.
• 4:35
  That comes out to 350. But that's a lot state cost the.
• 4:39
  Attorney fee, but did get this negotiated as to one of these
• 4:44
  charges. Oops.
• 4:49
  Make 30th. All right, if you'd give that to
• 4:53
  me. Yeah.
• 4:55
  All right, Mr. Chesky. You've probably got plenty
• 4:58
  other. Clean up to do.
• 4:59
  Hopefully you can get enough money to pay your.
• 5:01
  Fines on your goods so. Do you know if someone's helping
• 5:06
  Mr. Bush get set up in there? Vivian, as long as you're
• 5:12
  waiting, let's go ahead and swear you in.
• 5:15
  You swear or affirm any testimony or activity to the
• 5:18
  best of your ability. You interpret these matters from
• 5:21
  Spanish and English and English into Spanish I.
• 5:24
  Do. Thank you.
• 5:28
  Have you done anything from one of these new conference rooms
• 5:30
  yet? I Yes, I have.
• 5:33
  Yes, I have. As you know, they're not ideal,
• 5:36
  but we're just doing the best we can.
• 5:40
  Apparently they haven't got that room set up yet.
• 5:43
  Mr. Lambert, would you come up and have a seat?
• 5:51
  Luke, how much have you got? All right, we'll take care of
• 5:58
  Mr. Swick. In a minute.
• 6:01
  How are we doing all right? Fancy.
• 6:11
  Yeah. So good morning once again,
• 6:13
  everybody. It is TCF live on a Super
• 6:15
  Friday. As is the usual case on a
• 6:19
  Friday, things are off to a little bit of a slow meandering
• 6:23
  start. That is kind of just the way
• 6:25
  that it flows. But we'll continue to ride with
• 6:27
  Judge Middleton for a little bit.
• 6:29
  OK? Unfortunately, we get lots of
• 6:32
  those. Let's take a look at your
• 6:33
  ticket, Jordan's of the theory. If you get in early, you get
• 6:39
  out. So she always tries to be first
• 6:41
  in line and there's something you said for that, Mister
• 6:46
  Lambert. You got a ticket on South.
• 6:49
  Main and M80. 6:00 and you're aware the tank is parked at the
• 6:53
  American Legion at 8:38 in the morning on March 9th.
• 7:00
  March 9th was a Monday morning. I don't believe it was 8:30 in
• 7:09
  the morning, Your Honor it. Says 830 AM Yes, maybe it's not
• 7:14
  correct. Sunday.
• 7:17
  Night. At any rate, they pulled you
• 7:19
  over and end up arresting you for operating while
• 7:22
  intoxicating. You get lots of those, probably
• 7:26
  200 a year times 47 years. I'm not sure how many that is,
• 7:31
  but it's a misdemeanor. It's punishable by after 93 days
• 7:35
  in jail on a fine of up to $500. Carries 6 points on your
• 7:39
  driver's license and requires that your license be suspended.
• 7:43
  The prosecutors agreed to dismiss that for a plea to a
• 7:46
  lesser charge of operating while impaired.
• 7:49
  Impaired driving is better for a couple of reasons.
• 7:53
  Carries 4 points rather than six.
• 7:56
  It has a $300 maximum fine rather than 500.
• 8:00
  Most importantly, it will allow you to keep a restricted
• 8:03
  driver's license so you can drive back and forth to work,
• 8:06
  course of employment, treatment, school, other limited purposes,
• 8:11
  but it'll let you get back and forth to work.
• 8:14
  You understand, Miss Harden? You confirm.
• 8:17
  That's the plea offering pure driving.
• 8:19
  It is your honor. And Mr. Lambert, are you going
• 8:21
  to plead to that? Yes.
• 8:23
  Did anybody threaten you to get you to plead to that charge?
• 8:26
  No. I promise you.
• 8:28
  No. Where were you going at 8:30 on
• 8:31
  a Monday morning? Yeah, another report indicates
• 8:34
  the stop was on March 9th at zero 21, so about midnight.
• 8:39
  Midnight. That makes more.
• 8:40
  Sense. Who's out driving drunk at?
• 8:43
  Well, many people are, but all right, where were you going at?
• 8:48
  Midnight. I was I was headed home.
• 8:50
  I was leaving. My daughter's from Three Rivers
• 8:52
  there. I live in White Pigeon.
• 9:08
  Where where had you been drinking?
• 9:10
  At your. Daughter's I was at my
• 9:12
  daughter's. What were you drinking?
• 9:14
  I I drank a beer and a shot of 99 bananas is pretty potent.
• 9:21
  I didn't realize it at the time. I was originally planning to
• 9:24
  stay at my daughter's house and things just didn't work out.
• 9:28
  Grandkids were kind of riled up. And just that often is the
• 9:31
  situation that people plan to stay where they are and they get
• 9:36
  hungry and they want to go to McDonald's or they want to sleep
• 9:38
  in their own bed or whatever, or the guy that was going to drive
• 9:42
  them home leaves with somebody else.
• 9:44
  The problem? Is.
• 9:45
  When you've been drinking, you lose your judgement and your
• 9:49
  discretion. And you think, well, I could
• 9:52
  drive. Your blood alcohol was .146.
• 9:56
  That's more than one beer and 199 bananas.
• 10:01
  It's almost two times the legal limit.
• 10:03
  But will you acknowledge that your blood alcohol was at least
• 10:05
  146? Yeah, I'm.
• 10:10
  Yeah. All right.
• 10:11
  I can't remember for sure. He did cooperate and that's what
• 10:14
  the PPT indicates. That's a stop.
• 10:17
  I tell everybody, take the test. If you don't take the test, they
• 10:22
  suspend your license for not taking the test.
• 10:25
  And if they reduce it to impaired, you can't get a
• 10:28
  restricted license. Or if it's even dismissed, you
• 10:33
  still lose your license because you refuse the test.
• 10:36
  So all right, let's set this for sentence at a date that works
• 10:42
  for your lawyer. Jordan.
• 10:43
  I don't think I've got you set for anything.
• 10:47
  I have a couple things. Believe I have something on the
• 10:51
  18th but that's probably not enough time to.
• 10:54
  The 18th, that might be. You do have something on the
• 10:57
  18th. That's all shows all Luke.
• 10:59
  For me, I have a 10/30 Mr. Torres 2.
• 11:03
  Of those are interpreter cases. Mine is not, but I think he's a
• 11:07
  Co defendant with one of Luke's clients so that might be why I
• 11:11
  can. As long as I have enough notice,
• 11:13
  I can usually make myself available.
• 11:15
  How are you for Wednesday? Well, that's too soon.
• 11:20
  How about Monday, June 1st? I can make that work.
• 11:24
  What time, Your Honor? 11 All right, I want you to take
• 11:34
  this form out to the counter and I'll get you set up for the
• 11:38
  probation department to come in for screening and sentencing.
• 11:42
  So let me ask you to take the whole file out there.
• 11:44
  But he gets. That I'm happy to do that, Your
• 11:46
  Honor. What?
• 11:47
  I'm happy to take Mr. Lake to the counter.
• 11:52
  Let's see what Mr. Bush is. Set up so Dylan, hey Dan and
• 11:57
  everybody happy Friday. Great to be here today on my
• 12:00
  birthday. Dylan, happy birthday.
• 12:03
  Thanks for taking time on your day to join us.
• 12:06
  We appreciate that I'm going to take us over to judge Anne's
• 12:12
  alone in the in a moment. But before I do a little public
• 12:19
  service announcement, if I may not only for this channel, but
• 12:22
  for all channels on YouTube. You've probably heard other
• 12:25
  creators mention this, but there is not a creator on YouTube from
• 12:30
  the smallest all the way up to Mr. Beast that isn't under
• 12:34
  attack right now. Demonetization's going on like
• 12:38
  crazy. It's getting harder and harder
• 12:41
  for any of us to be discovered. Views are down.
• 12:44
  And I know why this is happening.
• 12:46
  It's happening because the algorithm has been changed in
• 12:49
  such a way that it is now favoring what YouTube refers to
• 12:54
  as viewer satisfaction. So how they're calculating that
• 12:59
  is how you interact with a creator.
• 13:01
  So things like hitting the like button, things like being active
• 13:06
  in the chat, things like leaving comments after you watch a
• 13:10
  regular video or a short and hitting the like button there.
• 13:14
  And also quite honestly, when you're done watching the video
• 13:16
  with us watching another one, all of those things signal to
• 13:20
  the algorithm that this is a creator that you have
• 13:24
  satisfaction with. And then they start feeding out
• 13:28
  more and more stuff for that creator.
• 13:30
  So I ask you on behalf of this channel and also any other
• 13:35
  creators that you like to take that advice and please help us
• 13:38
  out. If you are watching a video and
• 13:43
  you know you enjoyed it, even just leaving a comment that says
• 13:46
  thank you counts. Hitting the like button
• 13:49
  definitely counts. Watching another video from that
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  creator or us if you're on our channel definitely helps.
• 13:56
  We all need that right now. So if you can do that, very much
• 14:00
  appreciated because we're all fighting a war for our survival.
• 14:04
  And if you want to keep having channels like this and other
• 14:09
  different genres and channels that you enjoy, that's what we
• 14:12
  got to do right now. So thank you in advance for your
• 14:15
  assistance and on behalf of other creators, thank you as
• 14:19
  well. Okie Dokie, Judge Anselone doing
• 14:23
  sentences this morning. 5-22461 FH in the matter of of the
• 14:29
  people of the state of Michigan versus Kybrin St. and we are
• 14:34
  here today for sentencing and you are Kybrin St.
• 14:38
  Yes, ma'am. Did I pronounce your first name
• 14:40
  right? OK, good.
• 14:42
  Have you had an opportunity to read and review the pre sense
• 14:45
  report? Yeah.
• 14:46
  Have you had an opportunity to discuss it with your attorney?
• 14:49
  Miss Underwood? Are you, can you speak up a
• 14:52
  little bit for me? Yes, ma'am.
• 14:53
  Do you, are you satisfied with Miss Underwood as your attorney
• 14:56
  and the advice that she's given you?
• 14:58
  Yes, ma'am. Miss Underwood, do you wish to
• 15:00
  explain or challenge the accuracy or relevancy of any
• 15:03
  information in the pre sentence report?
• 15:05
  We do not hear on. It does the pre sentence report
• 15:08
  disclose any prior convictions in which there exists any known
• 15:12
  to or known constitutional defect.
• 15:14
  It does not hear on. The probation department has
• 15:17
  computed the minimum sentencing guidelines to be 0 to 17 months.
• 15:21
  Do you agree with that calculation of guidelines?
• 15:23
  We would agree with that. And I do understand there was
• 15:26
  the Cos agreement to the low end of the guidelines.
• 15:28
  So is there anything you'd like to say on behalf of Mr. St.
• 15:32
  First of all, Your Honor, Mr. Street is sincerely sorry for
• 15:38
  the events that brought us here today.
• 15:40
  Mr. Street is aware that he should not have a weapon in
• 15:45
  prison, Your Honor, but I think it's significant to know that
• 15:48
  this weapon was not used. It was not brandished.
• 15:51
  It was Mr. St. simply had it, and I think he gave an
• 15:57
  explanation and I think it's probably pretty accurate when he
• 16:01
  said he felt he needed it where he was.
• 16:06
  Mr. St. understands that there needs to be sanctioned for this
• 16:13
  matter. Your Honor, we understand that
• 16:15
  the guidelines came out to zero to 17, so the low end would be
• 16:22
  0. But we further understand that
• 16:27
  if the Court feels uncomfortable with that, not giving any
• 16:31
  sanction, perhaps maybe four or five months would be
• 16:38
  appropriate, Your Honor, in this matter.
• 16:43
  So, Mr. Street, is there anything you want to say on your
• 16:45
  own behalf? Just and just what my attorney
• 16:50
  said, you know, like she said, I never used a weapon on anybody.
• 16:54
  I never have since I've been in prison.
• 16:56
  It's. Just a lot.
• 16:59
  Of things going on at the time I, I'm not involved in like any
• 17:03
  gangs or like religious sex or anything like that.
• 17:06
  So like when the things that were going on, someone gave it
• 17:10
  to me and just told me like, hey, if you need this.
• 17:13
  Wherever so I just. Had it and was in the wrong
• 17:17
  place at the wrong time. Got caught.
• 17:18
  You know, maybe it was for the best that way something didn't
• 17:21
  happen down the line. But you know, I regret it.
• 17:24
  I learned from it and hope I can move forward.
• 17:30
  Thank you. In determining the appropriate
• 17:32
  sentence in this case, the Court has considered the seriousness
• 17:36
  of the offense, your history, the principal proportionality,
• 17:39
  the statutory penalty, the cost of confinement, the sentencing
• 17:43
  guidelines, the report and recommendation of the Probation
• 17:45
  Department, as well as what has been set upon the record at this
• 17:49
  hearing. The criteria and reasons for the
• 17:51
  sentence are the nature and gravity of the offense, the
• 17:54
  discipline appropriate to its Commission, deterrence against
• 17:57
  repetition by you and by others, the potential for reformation,
• 18:01
  vindication for law, and the protection of society.
• 18:04
  So where are you currently? Saint Louis.
• 18:08
  Saint Louis OK, so it's sentence of the court.
• 18:11
  Sorry about that. That you will serve four months
• 18:18
  to 2 1/2 years with the Michigan Department of Corrections.
• 18:22
  You don't get any credit. We talked about that before
• 18:24
  because you were incarcerated at the time the offense occurred.
• 18:28
  There's a crime victim assessment fee in the amount of
• 18:30
  $130.00 and $68 in the state costs.
• 18:33
  OK, Understand. I see people come in that should
• 18:37
  have been released 10 years. Ago.
• 18:39
  But they're just serving time on offenses like this, assaulting a
• 18:43
  guard or whatever. So keep that in mind.
• 18:46
  It adds up. So right now my bail is going to
• 18:49
  hand down to your notice of right to appellate review.
• 18:53
  You're going to initially date one copy.
• 18:55
  They'll explain where to do that technology, receive the
• 18:58
  paperwork. Did we address consecutive
• 19:02
  sentencing, Your Honor? Yeah, I just said he doesn't get
• 19:07
  the credit in that stack. So yeah, it is.
• 19:09
  I didn't hear that. Thank you.
• 19:10
  I'm sorry. It's OK.
• 19:12
  So the other copies are for you, Mr. St. and if you wish to
• 19:16
  appeal your site, you would fill out the information on the form
• 19:19
  and mail them to the address list on the form within 42 days.
• 19:23
  Thanks. Mr. Moore, I just didn't say.
• 19:26
  All right, So I've received back signed copy of the notice of
• 19:29
  right to pilot Review. So, Mr. Street, I wish you the
• 19:32
  best of luck. Thank you.
• 19:33
  Have a good day. You too.
• 19:39
  We'll. Take the other one.
• 19:42
  OK. Thank you.
• 19:45
  All right. I got a bunch of jail rooms.
• 19:47
  Let's see if I have Ryan. Did you have something else?
• 19:53
  Oh, we have the same, right. OK, all right, let's see what I
• 19:57
  got. All right, so I have a general
• 20:05
  room man in jail. Zoom 5.
• 20:09
  It has a 5 on the wall behind you.
• 20:14
  What is your name? Jaheim, right?
• 20:17
  OK, All right, so Mr. Pride. OK, so this.
• 20:27
  Well, all right, she probably hit a button.
• 20:30
  All right, I'll look. I'll come back to her because
• 20:33
  she will probably relaunch. But in the meantime, let's go
• 20:35
  back to Judge Middleton. Everybody's back here.
• 20:40
  I had the door closed because it's so noisy.
• 20:42
  But this is our new set up. It's not ideal, but for making
• 20:46
  it work. Luke, let's talk to your client
• 20:48
  while we wait for Mr. Swift. Judge.
• 20:59
  This is file number 26350. Are you Joshua Swick?
• 21:06
  You got charged with operating while intoxicated with a high
• 21:09
  blood alcohol level. The file number is 26350 SD.
• 21:15
  At this point your lawyer is going to ask me to set this for
• 21:17
  a last pretrial. You've requested discovery from
• 21:20
  the prosecutor. We'll set a final pre trial on a
• 21:23
  Thursday afternoon. I don't yet know what date it
• 21:26
  is. It does show that you owe some
• 21:29
  money on a improper plate, but I think it's connected to this
• 21:33
  case. I think it's the same situation.
• 21:38
  So it doesn't appear there's really any significant.
• 21:41
  Unpaid. Fine.
• 21:43
  Are you still at Covey Rd. That That's just my mailing
• 21:47
  address. I actually stay.
• 21:48
  Over in Allen, MI with my sister.
• 21:51
  All right, but any correspondence with the court
• 21:53
  will reach. Your address.
• 21:54
  Yes. All right, couple pieces of
• 21:56
  advice. We'll find out about that
• 21:59
  license plate ticket. Don't get in any more trouble.
• 22:02
  Stay in contact with your lawyer and I will see you on a Thursday
• 22:08
  at 2:00 on a date. We'll work out with your lawyer
• 22:11
  and judge. It may be of the court's
• 22:13
  interest, so we're going to make a referral for.
• 22:14
  Sobriety. Court very good.
• 22:17
  OK. Thank you, Judge.
• 22:20
  Thank you, Your Honor. All right.
• 22:23
  I'll be all in your business if we're doing sobriety court, but
• 22:26
  Luke is very good at it. He's our sobriety court lawyer
• 22:31
  and it could make some fun. OK, as I suspected, Judge Hands
• 22:39
  alone just hit a button and she's back.
• 22:41
  So let's go back there. Mr. Ronnie, do you wish to
• 22:43
  explain or challenge the accuracy or relevancy of any
• 22:46
  information in the probation violation report?
• 22:49
  No, Your Honor. OK.
• 22:51
  Thank you, Miss Underwood. We do not, Your Honor.
• 22:55
  Some things are open to interpretation but and Mr.
• 23:00
  Robinson had a different interpretation.
• 23:02
  But we really don't wish to all. Right.
• 23:08
  Mr. Ryani, is there anything you'd like to say on behalf of
• 23:11
  the AG's office before the court pass the sentence?
• 23:14
  Mr. Robinson No, no, Mr. Ryani. OK.
• 23:20
  We're asking that the court follow the recommendation, Your
• 23:22
  Honor, with the, with the addition of of additional
• 23:25
  probation, he was paying for a period of time from about May of
• 23:30
  24 to February of 25 S He does have some ability to work here.
• 23:37
  I I don't know what. Happened and why he stopped.
• 23:40
  Unfortunately, the arrears that he he's accumulated is in excess
• 23:45
  of 47,000 which is well above. What what it was when he was.
• 23:49
  Sentenced originally, so we're asking the jail for jail
• 23:53
  sentence along with additional probation.
• 23:56
  OK, Miss Underwood. Your other I've spoke with Mr.
• 24:03
  Robinson, he does want to pay this off, your honor.
• 24:09
  He he would welcome a probation to do that.
• 24:15
  However, if the court, I mean, his circumstances are obviously
• 24:21
  very bad, Your Honor, he's living in a burned out building,
• 24:27
  you know, so it's obviously not an ideal situation for Mr.
• 24:33
  Robinson. And if the court is going to
• 24:36
  assess a long jail term in this matter, Your Honor, we obviously
• 24:42
  would ask the court to terminate probation and allow the matter
• 24:46
  to proceed civilly. That's where we are.
• 24:51
  OK. Mr. Robinson, is there anything
• 24:55
  you'd like to say on your own behalf?
• 24:57
  No, ma'am, I'm going to take full accountability for my
• 24:59
  actions and I'll keep trying to get this taken care of.
• 25:04
  OK, so Mr. Moore, if I could, we sentenced him.
• 25:12
  Let's see, you sentenced him back.
• 25:13
  Well, his articles of probation were February 2nd of 24 and he
• 25:19
  absconded for a year, so I think I can give him up to two more
• 25:24
  years of probation. Is that correct?
• 25:26
  Yeah, he you can give him up to five years probation, your
• 25:29
  Honor, and. OK, but he's already completed
• 25:32
  one. He was sent, he completed 2425
• 25:39
  and so he completed one and then he absconded.
• 25:42
  It was it October, so 1 1/2 years, something like that.
• 25:49
  It was around. The time my house.
• 25:51
  Caught on fire? Yes.
• 25:53
  All right. Well, thank you.
• 25:56
  So anything else, Mr. Radisson? No, ma'am all.
• 26:01
  Right. Well, it is sent to the court
• 26:04
  that your probation will be continued and expanded to five
• 26:08
  years, although I realize you've already completed like one of
• 26:11
  those years because of the $47,498 of arrearage of your
• 26:18
  child support in this case. I don't know if this case is
• 26:21
  still charging or not. Your all your other probation
• 26:27
  terms will continue. And what is his jail credit at
• 26:37
  this point 13? Correct.
• 26:41
  Right, so I'm going to give you 4 months in Lenawee County Jail.
• 26:44
  I'm going to give you credit for 13 days already.
• 26:48
  You might, yeah, 13 days already served.
• 26:51
  When you get released from the jail, you're going to need to
• 26:53
  report to Mr. Moore or whatever. Mr. Moore, what would be your
• 26:57
  direction? Yeah, so he.
• 26:59
  Report to me upon his release if you're released on a Saturday or
• 27:02
  Sunday that you come see me, but just plan on it first thing on a
• 27:07
  Tuesday morning, OK? Yes, Sir.
• 27:09
  But. Then if you get.
• 27:10
  Released on a Tuesday. See me on Wednesday.
• 27:14
  Understand. No.
• 27:15
  You also need to understand that the Attorney General's office
• 27:19
  can charge you again if you're not paying child support if it's
• 27:23
  active. Do you understand that?
• 27:25
  Yes, I do. OK.
• 27:28
  All right. Now they're going to bring to
• 27:30
  you at the jail or have you signed, they'll give you 3
• 27:32
  copies of your notice of right to appellate review.
• 27:35
  You're going to initial and date one copy for our records just to
• 27:38
  acknowledge you receive the paperwork and the other copies
• 27:40
  are for you. If you wish to appeal your
• 27:42
  sentence, you would fill out the information on the form and mail
• 27:45
  it to the address list on the form within 42 days.
• 27:48
  All right. OK.
• 27:50
  OK, very good. Thank you all.
• 27:52
  Right, you have a great day. You too, Miss Underwood.
• 27:55
  I love. Thank you, Miss Underwood.
• 27:58
  Thank you guys. It's law day today, Miss
• 27:59
  Underwood. Thank you I'm.
• 28:01
  Sorry, it's law day today at 11 AM.
• 28:04
  Constitutional Law Day, May the 1st.
• 28:06
  I'm, I'm sorry, you are. It's law day today, so don't
• 28:10
  make sure you come back at 11. Thank you.
• 28:13
  All right. OK, so Mr. Murphy, who looks
• 28:16
  totally annoyed with me today, this is in the matter.
• 28:20
  File #2025 Dash 22427 FH. 2025 Dash 22428 FH. 2025 Dash 22428
• 28:34
  FH. In the matter of the people of
• 28:36
  the State of Michigan versus James Albert Hall, Junior Miss
• 28:42
  Innings. I believe Miss Damont is in back
• 28:44
  if you'd like to go talk to her. Can you let her back there,
• 28:47
  please? However she is, I don't know
• 28:50
  what to show it. All right, I have Matt Murphy
• 28:54
  appearing on behalf of Mr. Paul. This is the date of time set for
• 28:58
  sentencing. You are James Albert Hall
• 29:01
  junior. Speak up, please.
• 29:03
  Yes. OK, Come on.
• 29:05
  You can approach and he'll let you back.
• 29:07
  All right, So Mr. Hall, have you had an opportunity to read and
• 29:10
  review the pre sentence report? I have.
• 29:13
  Have you had an opportunity to discuss that report with your
• 29:16
  attorney? Yes, briefly.
• 29:19
  Do you need more time to discuss that with your attorney?
• 29:21
  I do not. So you feel like you've had
• 29:24
  ample time to discuss any of your concerns with Mr. Murphy?
• 29:27
  I have. All right.
• 29:29
  Are you satisfied with Mr. Murphy and the advice that he
• 29:31
  has given you? Yes.
• 29:33
  All right, Mr. Murphy, do you wish to explain or challenge the
• 29:36
  accuracy or relevancy of any information in the pre sentence
• 29:40
  report? Yes, we do, Your Honor, because
• 29:44
  when this was prepared, obviously Mr. Hall was at the
• 29:48
  Haven. There was the incident that
• 29:50
  caused him to be arrested and the new charges to come.
• 29:54
  He was removed from the Haven. There was a an issue there,
• 29:57
  wasn't there, correct. And then you came to Adrian, he
• 29:59
  was driven to Adrian. So obviously there's that, you
• 30:04
  know, that issue, I guess we had to correct because it does say,
• 30:07
  I think it said he's currently in it.
• 30:09
  I also had that issue in regards to.
• 30:11
  Moving. Forward that actual sentence,
• 30:14
  but again, I think that just be corrected.
• 30:16
  Also I think it's his SSI is 1042 not 48 and he gets that but
• 30:22
  other than that I guess there's no other issues.
• 30:25
  All right. And Mr. Stevens saying can we?
• 30:28
  Make. Those changes, yeah, like you
• 30:31
  said. When the report was written.
• 30:33
  He was in the approach, yeah. So I think.
• 30:35
  That's fine, he's not there right now.
• 30:37
  All right. Anything else?
• 30:39
  No, Your Honor. Does pre sentence report
• 30:42
  disclose any prior convictions in which there exists any known
• 30:45
  constitutional defect? No, Your Honor.
• 30:48
  And in this case, the probation department, obviously on file
• 30:53
  #25-22427 FH, he pled to an operating while impaired second
• 30:59
  offense, which is one year misdemeanor.
• 31:02
  File #25-22428 FH he pled to a High Court misdemeanor police
• 31:08
  officer assaulting, resisting and obstructing.
• 31:11
  And we don't do guidelines for those, right?
• 31:15
  Correct. The misdemeanors do not have.
• 31:17
  Guidelines, OK. And we don't do them for the
• 31:19
  High Court misdemeanors either. So there are no guidelines.
• 31:23
  Is there anything you would like to say on behalf of your client?
• 31:27
  Your Honor, when, Mr. Hall, when the first case began, you know,
• 31:31
  I guess I'll describe him as coming to almost.
• 31:34
  You know I. I call it a fork in the road,
• 31:36
  ones that he had had had in his life quite a bit.
• 31:40
  Mr. Hall has. I would say at this point, he
• 31:43
  hasn't really, I guess, forced to deal with the fact that his
• 31:46
  body is deteriorating from this, this alcoholism that he has been
• 31:49
  dealing with. He's been trying to and I think
• 31:52
  as you can see in the PSI, you're doing really well and
• 31:54
  exceeding expectations of the Haven.
• 31:56
  He was in a really good spot. He was really motivated to deal
• 31:59
  with this. And he again, his attitude when
• 32:02
  I was speaking with him was that he was addressing this.
• 32:05
  Now, obviously he is an alcoholic.
• 32:07
  Any relapsed what again, he was asked to leave the haven.
• 32:09
  You were doing really well there.
• 32:11
  And again, I didn't do investigation.
• 32:13
  I don't know the exact details, but that being asked to leave
• 32:16
  sparked the relapse. He was doing really well and I
• 32:20
  think that he didn't want to leave there and that caused that
• 32:22
  issue. Again, he's been in jail now for
• 32:25
  25 days or so since that issue happened.
• 32:28
  I think at this point, again, Mr. Hall is open to you
• 32:31
  understand he has he's he's an alcoholic Relapse is part of
• 32:34
  part of that. You know, again, he apologizes
• 32:36
  for that relapse. But I think in regards to this,
• 32:38
  obviously I don't want Mr. Hall to have to be incarcerated any
• 32:42
  further for this. I think that your honor can be
• 32:45
  satisfied. He's not going to try to drink.
• 32:48
  He's expressed he he obviously with his his pal, he shouldn't
• 32:51
  be drinking at all. Obviously that incident happened
• 32:54
  and again, he I would say the alcohol had an extreme impact on
• 32:59
  him when he drank it that this last time and he's realizing
• 33:02
  that he has it's basically clean much and we left.
• 33:04
  I guess you put it that way with maybe 2 bullets with maybe one
• 33:07
  or two opportunities left in play and he knows that.
• 33:11
  So I don't think that you're on has to be concerned with him
• 33:14
  wanting to go out and go to a bar and drink or try to subvert
• 33:17
  the court's order, anything like that.
• 33:18
  I think he wants to engage in treatment.
• 33:20
  My only issue is obviously I don't think he can go back to
• 33:22
  the Haven. Also, he spent quite a bit of
• 33:24
  time in inpatient treatment and he was asking the court to
• 33:27
  consider placing him on an alcohol tether, having him on
• 33:30
  probation, having him engage in intensive outpatient treatment.
• 33:34
  He there's a restitution here for the damage done to the
• 33:36
  vehicle. Obviously, Mr. Hall against the
• 33:39
  court to consider reduced fines and costs.
• 33:41
  He's on a limited SSI. He wants to make good, you know,
• 33:45
  he does apologize for his behavior.
• 33:47
  He doesn't want to make any excuses.
• 33:49
  He's not going to sit here and say because I blacked out that I
• 33:52
  didn't do any of those things. He obviously realizes that it's
• 33:55
  his behavior. The alcoholism, the drinking is
• 33:57
  what then causes. And you can see that's what's
• 34:00
  causes any criminal behavior. He has had just some mental
• 34:03
  health issues. He's been addressing again, the
• 34:05
  bipolarism, the depression that feeds into the alcoholism.
• 34:09
  So again, your honor, we're asked for to consider that maybe
• 34:12
  seen if you can do well with the alcohol tether and outpatient
• 34:15
  treatment and if there is a you know, unfortunate or relapse
• 34:18
  maybe done further inpatient. But at this point, that's what
• 34:20
  he's asking for your owner. All right, Mr. Hall, is there
• 34:24
  anything you'd like to say on your own behalf?
• 34:27
  Yeah, sure. I'm embarrassed and ashamed of
• 34:36
  myself. My actions on July 3rd, loss of
• 34:45
  my control on September 15th, and my most recent relapse on
• 34:51
  April 8th. To the court, I am sorry and
• 34:58
  sincerely apologize. I know I'm not responsible for
• 35:08
  my disease and I'm responsible for my recovery so and it was
• 35:15
  not my intent to become somebody.
• 35:19
  That I'm not. When under the influence.
• 35:25
  It. Was not my.
• 35:26
  Intent to cause mayhem or harm to anybody and I apologize.
• 35:31
  I know now that I will never be able to.
• 35:36
  Drink. And have control.
• 35:41
  It is totally out of my hands with the a drink.
• 35:46
  I I am getting older and I've wasted 40 years of my life
• 36:00
  drinking and it is not worth looking at the jail wondering
• 36:09
  what I'm going to say to you, wondering about where my life is
• 36:14
  going to go. It is not worth a drink anymore.
• 36:18
  I have finally figured out that I'm done drinking.
• 36:24
  I will not. Ever touch a drink again in time
• 36:30
  you? Could I prove that to this
• 36:32
  court? I I ask that you give me a
• 36:37
  chance to prove myself. I I just.
• 36:45
  Want. To I want to be productive in
• 36:48
  this community again. I have been productive in this
• 36:54
  community before. And I would like.
• 36:57
  A way to give back and that would be by helping others that
• 37:02
  go through the same struggles that I've gone.
• 37:04
  Through. If I could help one person not
• 37:09
  to help one person not to drink and become like me, it would be
• 37:13
  all word violence. But I, I don't know.
• 37:19
  That's, that's about all I got. Your Honor, I, I'm really sorry
• 37:27
  and I hope that you're lenient with me and that that's it.
• 37:33
  Anything else, Mr. The kids. Oh yeah.
• 37:37
  Nothing further, Your Honor. I mean, there is there is an
• 37:40
  outstanding issue with the Contempo court.
• 37:42
  I don't know you don't want to address that.
• 37:43
  I will but nothing further to address your.
• 37:47
  Honor, OK, you know, don't apologize to us.
• 37:51
  Your job security for me and Mr. Murphy.
• 37:54
  So you apologize to your family. You apologize.
• 37:58
  I'm talking and you apologize to yourself.
• 38:01
  But I mean, you're the one that keeps us going.
• 38:03
  So it's time to make those changes in your life.
• 38:06
  You're 55 years old. That's.
• 38:09
  Right. And you're probably going to die
• 38:10
  of this if you don't like make some changes and determine the
• 38:14
  appropriate sentence. In this case, support has
• 38:16
  considered the seriousness of the offense, your history, the
• 38:19
  principal proportionality, the statutory penalty, the cost of
• 38:23
  confinement, the sentencing guidelines, the report and
• 38:26
  recommendation of the probation department, as well as what has
• 38:29
  been set upon the record at this hearing.
• 38:32
  The criterion reasons for the sentence are the nature and
• 38:34
  gravity of the offense, the discipline appropriate to its
• 38:37
  Commission, insurance against repetition by you and by others,
• 38:41
  potential for reformation, vindication for law, and
• 38:43
  protection of society. On file #2025 Dash 2242000 and
• 38:53
  25-22 or two seven FH. Since the court will be placed
• 38:59
  on probation for a period of two years, I would like him to start
• 39:04
  out with an alcohol tether upon his release from jail.
• 39:07
  Can we do that? Can we?
• 39:08
  Do we can do that? But could we have it for one
• 39:11
  day? Yeah.
• 39:12
  When he gets out of jail, When he gets out of jail.
• 39:14
  OK, during your term of probation, you're not to use or
• 39:17
  possess any alcoholic beverages, can't go to bars, can't hang out
• 39:23
  with anybody who's drinking, not to use any illegal controlled
• 39:26
  substances or paraphernalia. Complete any outpatient or
• 39:30
  residential substance abuse treatment when referred to by
• 39:33
  the field agent. If they order you to enter and
• 39:36
  complete another program, you're going to enter and complete and
• 39:39
  you're not going to get kicked out this time.
• 39:40
  Do you understand that? Do you understand that if they
• 39:44
  send you to another program, you enter and you complete it, you
• 39:47
  don't get kicked out? OK, Say yes or no.
• 39:50
  OK, You will serve 30 days in Lenawee County Jail.
• 39:54
  Let me give you credit for four days served on that file.
• 39:58
  There is a Crime Victim assessment fee in the amount of
• 40:01
  $100 and $50.00 in state costs. On file #2025 Dash 22428 FH,
• 40:11
  since the court will be placed on probation for a period of two
• 40:14
  years, same terms of probation apply.
• 40:19
  No contact with Erica Keir or Riverview Terrace Apartments
• 40:24
  either directly or through another person.
• 40:26
  You can't be within 500 feet of her residence or Riverview
• 40:30
  Terrace Apartments. They can enter your house at any
• 40:33
  time if they believe that you have anything that would violate
• 40:37
  the terms of your probation or for supervision of your
• 40:40
  probation. You have to submit to search of
• 40:42
  your person, your property. That's your phone, your
• 40:44
  computer, your car, wherever you're living.
• 40:47
  I'll give you credit for four days served in the Lenoir County
• 40:50
  Jail. On this file there is
• 40:53
  restitution in the amount of $2536 and that is to be paid to.
• 41:01
  Adrian. City Police Department.
• 41:04
  Who resent? That Adrian police.
• 41:06
  Department to be paid to the Adrian Police Department and
• 41:10
  then there is a crime victim assessment fee in the amount of
• 41:13
  $130.00, a $30.00 per month supervision fee, 60 if we need
• 41:17
  to put a tether on you, and $118 in state cost.
• 41:22
  I'm not going to assess the $750 in court costs because you are
• 41:27
  on SSI as well as you have a high restitution amount.
• 41:31
  I'm more concerned about the victim being made whole or the
• 41:35
  Adrian Police Department getting their restitution.
• 41:39
  Anything else? Mr. Stevenson?
• 41:40
  No. You're not.
• 41:42
  Upon your release from the jail the first business day, what are
• 41:45
  your instructions, Mr. Stevenson report to our office.
• 41:48
  OK, these are misdemeanors so obviously they run concurrent.
• 41:52
  Now my bailiff's going to hand down to wait till I'm done. 2
• 41:55
  copies of your notice of right to appellate review, one for
• 41:58
  each file. You're going to initial and
• 42:00
  date, one for each file for our records to acknowledge and
• 42:03
  receive the paperwork. The other copies are for you.
• 42:05
  If you wish to appeal your signs, you would fill out
• 42:08
  information on the form and mail them to the address listed on
• 42:11
  the form. Mr. Hall, people stand in front
• 42:13
  of me and say the exact same things you said today and you've
• 42:16
  said them before. So this is it.
• 42:19
  You need to make sure you get a hold of this.
• 42:21
  OK. All right.
• 42:22
  Now my best going to approach with that.
• 42:25
  Donna, I just wanted to make sure I I heard it correct.
• 42:27
  He's got you gave him 30 days with four days credit is that
• 42:31
  is. That for the contempt or.
• 42:34
  No, I'm going to dismiss the contempt part.
• 42:36
  Thank you, Your honor. So that's on the 30 days is on
• 42:39
  file #25-22427. And just for the background to
• 42:43
  make sure that then he didn't get credit because he had a APR
• 42:47
  bond on this file done right since he was taken into custody
• 42:49
  on the contempt. Did he have credit on that one?
• 42:51
  I thought he it says he does. Well, I mean the four days
• 42:55
  credit is from before. Yeah, he doesn't get credit for
• 42:57
  his kicked out. OK, so I had to make sure.
• 42:59
  We. Clarified that.
• 43:00
  So he understood what's going on all.
• 43:01
  Right. Go ahead and sign that.
• 43:04
  Anything else, Mr. Stevenson? No, you're not I.
• 43:11
  Don't see anybody here on Paz versus Meredith.
• 43:15
  I can look it up, Judge. I can look it up if.
• 43:18
  You No, I just meant somebody showing up on it, so I'm going
• 43:20
  to call it. Nobody's here.
• 43:22
  All right. Well, they've pretty much
• 43:23
  finished up on that. Good morning once again,
• 43:25
  everybody. TCF live on a Super Friday, the
• 43:27
  1st of May. So because it's the 1st of May,
• 43:31
  today is Law Day, and Eric asked about what that is.
• 43:37
  The official definition. Law Day, celebrated on May 1st
• 43:40
  and throughout the month of May, has been a visible part of
• 43:43
  American legal culture since President Eisenhower established
• 43:47
  it in 1958 to celebrate the rule of law in a free society.
• 43:51
  There's always a theme, the 2026 theme, and these are established
• 43:56
  by the American Bar Association. The current theme is the rule of
• 44:00
  law and the American Dream. So that is the theme for this
• 44:05
  year's Law Day. And a lot of courts hold like a
• 44:09
  talk or a ceremony or stuff like that.
• 44:11
  And that's why she was telling people to be back at 11 or
• 44:14
  whatever it was, is undoubtedly she's going to have words that
• 44:17
  she's going to say. So that's what that's all about.
• 44:21
  Okie, Dokie, let's do what do we want to do?
• 44:25
  Let's do this. Let's go down to Florida and
• 44:28
  Wade Mercer. Good morning.
• 44:29
  Mr. Ricardo, would you please introduce yourself to Mr. Perez,
• 44:33
  Mr. Ramos Perez, to make sure he can see and hear you.
• 44:36
  Yes, your honor, good morning. I will senor Ramos Perez
• 44:39
  minombres giordani Ricardo. So interpreter para que SE pueda
• 44:42
  comunicar con El cuez usted my way in mescucha.
• 44:47
  He can hear me and see me. Great, Mr. Ramos Perez, you're
• 44:50
  here because you've been accused of 1 count of driving with no
• 44:53
  valid driver's license. Senor Ramos Perez esta aqui por
• 44:56
  get the en en en cargo de manejars in licencia de
• 44:59
  conducive valida. You also have a failure to
• 45:02
  appear warrant in case 20-5O3. MMM.
• 45:06
  Tambien TNM caso de no comparesencia in la causa bente
• 45:10
  raya cinco ciotres MMA. And in that charge, you're
• 45:15
  accused of giving false information to law enforcement.
• 45:18
  ENES cargos El acusa de that information falca I wanna gente
• 45:22
  de lorden publico. In addition to those two local
• 45:25
  charges, you also have a hold from the United States
• 45:27
  Immigration Service. Adem ademas de ESO dos cargos
• 45:30
  localist ambiente en una ordende retencion del servicio de
• 45:34
  migration Estados Unidos. There is probable cause for your
• 45:37
  local charges and I'm appointing the public center's office to
• 45:39
  represent you. I Casa probably para SUS cargos
• 45:43
  locales E lestoya signando la bogado de officio para que lo
• 45:47
  represente. Please listen to your attorney,
• 45:49
  Mr. McDaniel. Por favor escucha suabogado El
• 45:51
  senor McDaniel. You know I spoke to Mr. Perez is
• 45:54
  he? He's going to interview.
• 45:55
  Of no contest with charge charges from last night and also
• 45:58
  no contest in 2503. Understanding you can be spent
• 46:13
  60 days in the county jail with one day jail credit.
• 46:16
  And then the endo que SE le bacon dinaras E Santa Dias en la
• 46:19
  carce del condado con credito Burundia.
• 46:22
  I have a fine from last night's charges, a civil judgment, and a
• 46:26
  fine from in case number 2503 MMM of $370, which.
• 46:31
  Will be a civil judgment. De cuadrocientos dolares, you
• 46:39
  know Mulder entres sientos a tenta dolares and la Cosa vente
• 46:42
  cinco Cerro tres que sera on fayo civil.
• 46:45
  Sign this plea wave reform wave this rights of jury trial called
• 46:47
  witnesses and understands that and also understands that any
• 46:53
  plea candidates. Against him in immigration
• 46:59
  court. Thank you, Mr. McDaniel.
• 47:13
  Miss. Williams was just double
• 47:16
  checking the case number. Mr. Mitchell's had agreeable
• 47:19
  with the state. It is Your Honor and Mr. Ramos
• 47:25
  Perez, did you hear that agreement?
• 47:27
  Senor Ramos Perez pudos tedes puchare la cuerdo.
• 47:32
  Yes. Do you have any questions about
• 47:35
  that agreement? Tien alguna pregunta cerca de la
• 47:38
  cuerdo. If possible I can pay the fine.
• 47:43
  The fine has nothing to do with whether or not you have to serve
• 47:46
  the sentence because of your history.
• 47:48
  La multa no tienenada quebeer en cuanto a la condena quuste tiene
• 47:52
  que pagar de vidos SU sante cedente finales.
• 47:55
  So if you don't pay the fine, it may be referred to a collection
• 47:58
  agency. Sino paga la multa puede quesa
• 48:02
  SE passe una hencia de coleciones.
• 48:05
  And your future driving rights may be suspended.
• 48:09
  Y puede que SU de recho de conducid en El futuro de la
• 48:12
  suspenda. But it doesn't affect the jail
• 48:14
  sentence at all. Pero no affecte la condena well
• 48:18
  tiempo que DNA que complete la carcel and absoluto do.
• 48:22
  You have any other questions? Tien El guna otra pregunta.
• 48:25
  No. No.
• 48:27
  Is this the plea you would like to enter, Sir?
• 48:30
  Este la cuerdo que de southeast a septar senor, Yes.
• 48:36
  Mr. Ramos Perez, I'm going to accept your plea of no contest
• 48:39
  of the following two charges. Senor Ramos Perez acceptos SU de
• 48:43
  claracion de nomio pongo ante Los dos siguentes cargos.
• 48:46
  They're driving with no violent driver's license and giving
• 48:48
  false information to law enforcement officer.
• 48:51
  Manicars in licencia de condo Cir. valida informacion palsa I
• 48:54
  wanna gente de Lord en publico. A judge you're guilty of those
• 48:58
  offenses and sentenced you to 60 days in Jackson County Jail on
• 49:01
  each case. Lo condeno culpable de Los de
• 49:04
  litos Y lo condeno ASE centa Dias en la carcel del condado en
• 49:08
  cada Uno de Los casos. The sentences are running
• 49:10
  concurrently which means 1 total sentence of 60 days.
• 49:14
  Last sentence. You have credit for one day that
• 49:23
  you've already served. I'm.
• 49:29
  Imposing the court costs and fines of $400.00 and 370
• 49:32
  respectively. Le boyen poner Las multas Y
• 49:35
  cosas El tribunal por cuadro cientos dolares Y tres ciento SE
• 49:39
  tenta dolares respectivamente. Mr. Ramos Perez, when you get
• 49:43
  near the completion of your sentence, the jail staff will
• 49:45
  notify the Immigration service of that and they will pick you
• 49:48
  up. Senor Ramos Perez cuandos tere
• 49:51
  este acercando SE a complete SU condena la carce la dejaraza
• 49:55
  Vera emigracion Y ES bendrana recujerlo do.
• 49:59
  You have any questions? Tien Alguna pregunta No no.
• 50:05
  Have a good day, Sir. Cantenga, Juan.
• 50:07
  Diaz, Senor. Juan Lopez Domingo say yes, Mr.
• 50:17
  Domingo. Good morning.
• 50:18
  Good morning. Mr. Lopez Domingo, you're
• 50:20
  accused of 1 count of giving false information to law
• 50:22
  enforcement. Buenos Dias senior Lopez
• 50:24
  Domingo, este de la cusa de that informacion falsa I want to
• 50:28
  gente de Lord en publico. You also have a hold from the
• 50:32
  United States Immigration Service.
• 50:34
  Tambien tere nordende reten cion de parte del servicio de
• 50:37
  migration Estados Unidos. Your criminal history appears to
• 50:42
  show several prior removals from the United States.
• 50:46
  Ensue sante sedentes penales SE veque celiare mobido de Los
• 50:50
  Estados Unidos and barrios ocaciones.
• 50:52
  I'm appointing the public thinners also represent you in
• 50:54
  the local charge and ask that you listen to your attorney.
• 50:57
  Le boya Cigna la bogado de officio paraquilo represente en
• 51:00
  El cargo local Y le pido que escuccia suabogado.
• 51:05
  Your Honor, I spoke to Mr. Domingo.
• 51:06
  He's an. Industry of No.
• 51:07
  Contest the charges listed. So senoria of Leco and Senor
• 51:11
  Domingo El Sebada, Clara Arnomio Bungo and telos cargos de Los
• 51:14
  quesela Cusa. Since the 60 days in the county
• 51:18
  jail with one day jail credit, $370 fine which.
• 51:21
  Would be a civil judgement. Tere Conde na Ras E Santa Dias
• 51:25
  en la carcel del condado con credito Burundia una multa re
• 51:29
  tere siento SE tenta dolares que serao fayo civil.
• 51:32
  Understands that any plea can be used against him in the
• 51:34
  immigration. Court en tiende que Cal quiera
• 51:37
  cuerdo non caso penal SE polio sares SU Contra en El tribunal
• 51:46
  de immigration. Thank you.
• 51:49
  Mr. McDaniel. Mr. Mitchell, is that agreeable
• 51:51
  with the state? It is your owner.
• 51:53
  Gracias senior McDaniel senior Miguel Estadia Cuerdo Estado Lu
• 51:56
  Estadio Senorian. And Mr. Lopez Domingo, did you
• 51:59
  hear that agreement? Senior Lopez Domingo Cuerdo de
• 52:02
  la cuerdo. Yes, sorry.
• 52:06
  Do you have any questions about that agreement?
• 52:08
  Senior tien alguna pregunta cerca de la cuerdo no no.
• 52:13
  Is that the play you would like? Dinner.
• 52:15
  SSE la cuerdo que de SE acceptar.
• 52:18
  Yes, I'm. Going to accept your plea of no
• 52:21
  contest to the charge of giving false information to law
• 52:23
  enforcement. Le boy acceptar SU de claracion
• 52:27
  de nomio bunguante El cargo de dar informacion file sauna gente
• 52:30
  de Lord en publico. I judge you guilty of that
• 52:32
  offense and sentence you to 60 days in jail.
• 52:35
  Lo condeno pul Pablo del de lito Y lo condeno Acenta Dias en la
• 52:39
  carcel. You have credit for the one day
• 52:41
  you've already served, and I'm imposing a fine of $370.
• 52:51
  Just like Mr. Ramos Perez, when you get near the completion of
• 52:55
  that sentence, immigration will be notified to pick you up.
• 52:58
  Igual que senor Ramos Perez cuando Estes Estes El condo al
• 53:02
  complete SU condeira seleno de figuera Informa and immigration.
• 53:08
  Any questions, Sir? Alguna pregunta senor.
• 53:11
  No. No, that's it.
• 53:15
  Have a good day, Sir. Thank you.
• 53:18
  Mr. Ricardo. Thank you, your Honor.
• 53:19
  Have a good day. You too, We have state versus
• 53:24
  Gregory Andrews and Arthur Williams.
• 53:34
  Mr. Andrews and Mr. Williams. Good morning.
• 53:37
  Which one of you gentlemen is Mr. Andrews?
• 53:40
  I am, Sir. Great.
• 53:41
  And that means the other gentleman, your author,
• 53:43
  Williams, Sir. Yes.
• 53:45
  All right, so I'm seeing you at the same time because your cases
• 53:48
  are identical for this morning's purposes.
• 53:50
  Each of you are accused of violating the terms of your
• 53:51
  state probation. In each case, the Circuit Judge
• 53:54
  has signed a no bond warrant. So I'm simply going to arrange
• 53:57
  you this morning because I want to get you a lawyer appointed to
• 53:59
  represent you if you're asking for one.
• 54:01
  In addition to your Jackson County charge, Mr. Andrews, you
• 54:04
  also have the same charge in Bay County.
• 54:06
  So you have a hold from Bay County with no bond for
• 54:09
  violation of probation. Mr. Andrews, would you like to
• 54:11
  have an attorney appointed to represent you in Jackson County?
• 54:14
  Yes. Great.
• 54:16
  And Mr. Williams, same question. Yeah, I would like the attorney
• 54:20
  all right. I'm going to appoint the Public
• 54:21
  Defenders office to represent both of you.
• 54:23
  Listen to Mr. McDaniel and then we'll see if you have any
• 54:26
  questions in just a moment. Yeah, we're going to interpret
• 54:29
  not guilty as I said these on the June 7th pretrial, June 4th
• 54:32
  pretrial docket and advise them to be.
• 54:34
  Attorney from the defenders. Office that will stop by and
• 54:36
  speak. To them about the case.
• 54:39
  Thank you. Mr. Mitchell, anything from the
• 54:41
  state? Just one thing right quick and
• 54:44
  this is kind of to Mr. McDaniel. I believe originally with Arthur
• 54:49
  Williams, the P DS office had the conflict on his case for
• 54:53
  something. I may be wrong, but I think I
• 54:55
  remember he's not in agreement. So you may want to talk to
• 54:59
  possibly the conflict office. They'll review it.
• 55:03
  And if it is, they have filed a motion so.
• 55:05
  I mean they'll. We've got to get a point to us.
• 55:07
  Before we can actually conflict. Off.
• 55:09
  OK, I just wanted to bring that to your attention.
• 55:12
  So for now, the public Turner's office has both your cases,
• 55:14
  gentlemen, and we'll see what happens from there.
• 55:16
  Mr. Andrews, do you have any questions?
• 55:18
  Yes, Sir. Wish you the best, Sir.
• 55:20
  Mr. Williams, do you have any questions?
• 55:22
  Yes, Sir. I couldn't hear.
• 55:23
  Did you say yes or no? Yes, Sir.
• 55:28
  OK, go ahead. I was I was on the present on
• 55:33
  this case so I couldn't report. Best pick me up.
• 55:38
  I'm taking a look at the I'm taking a look at the, the
• 55:41
  warrant. It's signed March of 26th.
• 55:43
  What you're accused of doing is violating 4 conditions of your
• 55:46
  probation. Number one is financial, number
• 55:50
  2 is financial #3 is not doing anger management.
• 55:53
  And the fourth one is not doing community service.
• 55:57
  So give me the timeline from the you were seeing us in October of
• 56:01
  24. Well, no, I'm sorry.
• 56:03
  That's Yeah. No, that's when you were
• 56:04
  sentenced. So you went to federal prison
• 56:07
  directly from state court, is that what you're saying?
• 56:09
  Yes, Sir. Correct.
• 56:12
  And you were in custody that entire time until?
• 56:14
  When? Until.
• 56:16
  When did you get out of federal prison?
• 56:17
  I I got I had a a knee surgery March 2nd and got out March 4th.
• 56:24
  I was in the halfway house. Mr. McDaniel.
• 56:27
  Yeah, I was going by the. Jail.
• 56:28
  I thought they got transferred here from the feds but I guess
• 56:31
  what he's saying is he was at a halfway.
• 56:32
  House, I guess. I was on leg launch.
• 56:35
  And you came directly from you came directly from the halfway
• 56:38
  house. They removed the leg monitor
• 56:41
  from you. They moved the leg monitor after
• 56:43
  the surgery. On the fourth they came to my
• 56:46
  house and moved it, and the federal probation came to my
• 56:49
  house too. They bring you over here.
• 56:51
  They brought me over here, the 20 I got arrested, the 21 to
• 56:55
  report in for federal. For the first time after my
• 56:58
  surgery, I had a knee replacement.
• 57:01
  So what I'm going to do is this, Mr. Mr. Williams, Judge Garcia
• 57:06
  signed this warrant on March 16th.
• 57:08
  There's a chance that she wasn't aware of everything you just
• 57:11
  said. I'm going to ask Mr. McDaniel to
• 57:15
  try to notify, I'm not sure if Mr. Green was out on medical
• 57:19
  situation. Mr. McDaniels, you may well
• 57:20
  notify Mr. Sims, whoever you decide to notify and make them
• 57:23
  aware of this. This needs to be a case.
• 57:25
  It needs to go back before Judge Garcia today.
• 57:27
  Somebody's to go to Judge Garcia today and say, Judge, were you
• 57:30
  aware of this? Because that may affect what
• 57:32
  Judge Garcia does in this case as far as the warrant, whether
• 57:36
  or not it's a bond, whether not it's a notice to appear and so
• 57:38
  forth. I'm not going to modify another
• 57:40
  judge's warrant under these circumstances, but I do want her
• 57:43
  to be aware of it. So I'm going to ask Mr.
• 57:45
  Mcdaniel's office to try to do what he can to make make the
• 57:47
  public office aware of the unique situation because someone
• 57:50
  needs to go to Judge Garcia today if at all possible, and
• 57:53
  let her know what's going on. So that may not change her mind.
• 57:56
  Because it's you were out for some period of time, but the
• 57:58
  first time you're reported in, it's when you were arrested,
• 58:01
  correct? Yes.
• 58:03
  So it could certainly could change her mind, but with Mr.
• 58:07
  Green being out on a medical situation, I don't know what
• 58:10
  else to do. Mr. Blunt or Mr. Sims will get
• 58:13
  in touch and probably handle his VOP case if he is still there
• 58:17
  Monday. If nothing's happened Monday, I
• 58:20
  need to have him brought back up so I can take another look at
• 58:23
  it. Mr. Mitchell, I'm going to ask
• 58:25
  you to talk to from your end to investigate it for Monday.
• 58:29
  That way, if he's still there Monday, I'll know whether or not
• 58:30
  the state is asking that he be held.
• 58:33
  Yeah, that's what I'm looking at.
• 58:34
  And it may be your case. Now you may know it is my case
• 58:38
  because it looks like it's technicals, but I don't know,
• 58:41
  it's just strange to look at. But I'll look into it a little
• 58:44
  bit. So Mr. Mitchell will be the
• 58:45
  prosecutor in that VOP case. So he's also going to take a
• 58:47
  look at it. So if you're not out of, if
• 58:49
  you're not released today, I'll see you on Monday and we'll get
• 58:51
  a, a more complete answer. But you may get out of jail
• 58:53
  today if the state's in agreement.
• 58:56
  If you look at it, you're in agreement with him letting him
• 58:58
  out, Then y'all need to go ahead and let me know.
• 59:00
  I'm not sure what Judge Judge Garcia's schedule's like today,
• 59:03
  but I'll, I'll go talk. I'll be here after first
• 59:06
  appearances and see what she's doing.
• 59:08
  OK? Sounds good.
• 59:09
  So if you're not out today, I'll see you Monday.
• 59:11
  Mr. Williams. There's a chance you'll get out
• 59:12
  today once Judge Garcia gets the rest of the story OK.
• 59:16
  Yes, Sir. Thank you.
• 59:17
  Have a good day, Sir. You're welcome.
• 59:18
  Next case is John Wilson. Mr. Wilson.
• 59:33
  Good morning. Mr. Wilson.
• 59:34
  You're here for first appearance.
• 59:35
  Accused of 1, excuse me, accused of 15 counts of possession of
• 59:38
  child pornography. You're also accused of 1 count
• 59:41
  of unlawful use of a two way communication device.
• 59:44
  Mr. Wilson, it also appears as your own probation for a lewd
• 59:47
  lascivious. I've read your criminal history.
• 59:51
  I've also went back and I read that lewd and lascivious
• 59:53
  complaint from Marion County. So I'm aware in that lewd,
• 59:56
  lascivious complaint there were allegations of at least two,
• 59:59
  possibly three other prior incidents that were alleged in
• 1:00:02
  that complaint involving different children.
• 1:00:05
  So there's a lot there. Mr. Wilson.
• 1:00:07
  I'm going to listen to the attorneys and I'm going to set
• 1:00:09
  your bond. Mr. McDaniel.
• 1:00:10
  Anything on behalf of Mr. Wilson.
• 1:00:12
  No, you don't. Mr. Mitchell, you pretty much
• 1:00:17
  said what I wanted to say about the BOSP in Marion County.
• 1:00:21
  I guess we would just request that I only can't have
• 1:00:24
  unauthorized Internet access. Anyway, We'll leave the extra
• 1:00:29
  conditions up to the court. Mr. Wilson, the possession of
• 1:00:33
  child pornography. If you have more than 10 counts
• 1:00:35
  in Florida, they become second degree of felonies instead of
• 1:00:38
  third. Since you're accused of 15
• 1:00:40
  counts, that increases your degree of your crime, which
• 1:00:43
  increases your bond. Your bonds can be $25,000 on
• 1:00:46
  each count. There's fifteen of those.
• 1:00:49
  You got a bond of $375,000 on the child pornography plus
• 1:00:52
  $10,000 bond on the unlawful use of two way communication device.
• 1:00:56
  That makes your total bond $385,000.
• 1:00:59
  Cashier surety. Do not try to post the bond
• 1:01:01
  because I'm going to hold you for seven days with no bond and
• 1:01:04
  ask Mr. Mitchell to notify the probation office of your arrest.
• 1:01:07
  They have seven days to seek a warrant from the judge in Marion
• 1:01:10
  County. I have no idea if they'll get
• 1:01:12
  one or not, but I'll see you in seven days and we'll see if they
• 1:01:15
  have a warrant. If they have a warrant, that
• 1:01:17
  judge will decide if you get a bond on that or not.
• 1:01:19
  If they don't have a warrant, Mr. Wilson, then I'll release
• 1:01:23
  that hold. And you have the right then to
• 1:01:24
  post the bond here. The bond here does have a
• 1:01:27
  condition of no Internet access at all, given the the nature of
• 1:01:31
  your charges. Mr. Wilson, I'll see you in
• 1:01:33
  seven days. You will get to use the phone in
• 1:01:35
  a few minutes, Sir, to contact friends or family.
• 1:01:37
  Do you have any questions? No.
• 1:01:38
  All right. Have a good day, Sir.
• 1:01:39
  All. Right there.
• 1:01:45
  You go. We have Kyle Cook.
• 1:01:51
  Mr. Cook. Good morning, Sir.
• 1:01:53
  You're here because you've been accused of 1 count of driving
• 1:01:55
  while license suspended or revoked knowingly.
• 1:01:58
  It it there's a little it's a real question about whether
• 1:02:00
  you're on probation or not. The best I can tell, you may
• 1:02:04
  have got off probation yesterday.
• 1:02:06
  I'm not sure. Everything's paid, Sir.
• 1:02:09
  I paid everything, all my community service.
• 1:02:11
  I was done. I did.
• 1:02:12
  I got off yesterday. It ran out and he said he.
• 1:02:17
  I. Think that may be just a SEC.
• 1:02:19
  Let me let me deal with it one at a time.
• 1:02:20
  I think that may be accurate. You may have gotten off
• 1:02:23
  yesterday. Mr. Mitchell, is the state
• 1:02:24
  asking that he be held given that he may have gotten off
• 1:02:26
  yesterday, given that it it looks like he got off yesterday,
• 1:02:29
  We're not asking that he be held And and given what the nature of
• 1:02:32
  the new offense is, right. So Mr. Cook, that only leaves
• 1:02:35
  the driving license suspended or revoked then, which I think
• 1:02:38
  you're entitled to a bond on. You do have one of those within
• 1:02:41
  the last year or so. So that's going to affect the
• 1:02:45
  bond. Your criminal history also is
• 1:02:46
  pretty lengthy. So I'm going to listen to the
• 1:02:48
  attorneys and I'm going to set your bond in that charge.
• 1:02:51
  Mr. McDaniel. Our 22 insurance on that.
• 1:02:55
  Your Honor, we just, you know, I mean, obviously he's disagreeing
• 1:02:59
  with the charge as far as knowingly driving, but I mean,
• 1:03:02
  you know, but we just asked for a bond.
• 1:03:04
  I mean, he did have a driver's license and had his own 22
• 1:03:06
  insurance. Yeah, paid all that and it
• 1:03:08
  pulled up to the office. I guess he's is suspended if I
• 1:03:12
  recall for not paying a fine and I guess he's paid off that fine.
• 1:03:15
  Maybe possibly I'm I'm not quite sure.
• 1:03:19
  So he probably just has to go. Get him reinstated.
• 1:03:22
  Let me see if he got it back since the last one because
• 1:03:24
  that's going to affect the bond because I remember he had one
• 1:03:27
  pretty recently and I was on the impression he never got it back
• 1:03:32
  but let me double check that. They had me holding this SR22
• 1:03:36
  insurance. That's the last thing they told
• 1:03:37
  me. That's what I was trying to tell
• 1:03:38
  him when I give him my license. The officer, I was like, Sir,
• 1:03:40
  I'm not trying to lie to you. I mean, I said I understand.
• 1:03:43
  He's like, wait, because he said that I had a bunch of priors and
• 1:03:45
  I said I understand this, but I'm not trying to lie to you
• 1:03:46
  because I got a letter in my car where I had to hold the
• 1:03:48
  insurance that I got from the DMV in the courthouse and pay
• 1:03:51
  off all my fines that. So you, you received one of
• 1:03:56
  these, the same charge. It was, we got it last year in
• 1:03:59
  January, but you resolved it in September of 25 according to
• 1:04:02
  your driving record and your driving license was suspended
• 1:04:07
  after that. Your driving record was
• 1:04:10
  suspended September 22nd. She resolved it September 12th.
• 1:04:15
  So yeah, that's what it looks like.
• 1:04:17
  So I think he he got 1, he got his license fixed.
• 1:04:21
  I just got that insurance stuff well.
• 1:04:23
  There's there's some more suspension.
• 1:04:25
  Well, there's some financial response.
• 1:04:26
  There's some other suspensions out there that you looks like
• 1:04:28
  you haven't paid reinstatement fees on.
• 1:04:30
  So I'm not sure he did get his license back, but it's going to
• 1:04:34
  be a normal bond anyway. Mr. Mitchell, anything, Mr.
• 1:04:38
  McDaniel, anything else? There you go.
• 1:04:41
  Mr. Cook, your bond is $2500 cash or surety.
• 1:04:44
  You have a condition not to drive a motor vehicle without a
• 1:04:46
  valid license. That's a special condition to
• 1:04:49
  your bond and you'll get a chance to try to post that bond.
• 1:04:53
  You'll get a chance to use the phone in just a minute.
• 1:04:55
  Mr. Cook, the jail will also give you a notice for your court
• 1:04:58
  date, which will be the first June the 1st at 9:00.
• 1:05:02
  AMI don't think I asked the jail to give a notice to Mr. Wilson
• 1:05:05
  for his court date. We need to do that also, which
• 1:05:08
  will be June the 2nd at 8:30. So Mr. Cook, you'll get a chance
• 1:05:13
  to use the phone in a few minutes.
• 1:05:14
  It's cash or surety bond, which means you don't have to come up
• 1:05:16
  with all $2500 and you'll get the give me his phone.
• 1:05:19
  Just a few minutes. Any questions, Mr. Cook, do.
• 1:05:22
  Y'all take that bond right here. It's Jill.
• 1:05:25
  You can, if you have all 2500 they'll take it there.
• 1:05:27
  Otherwise you contact the bondsman.
• 1:05:29
  Yeah, but if I if I can just get into my wallet and use my debit
• 1:05:31
  card, I got it. They'll talk to you about that,
• 1:05:34
  OK. OK.
• 1:05:35
  Yes, Sir. Thank you.
• 1:05:36
  Sir. Yes, Sir.
• 1:05:37
  After Mr. Cook, we have Jason Pollock.
• 1:05:41
  Mr. Pollock. Good morning, Mr. Pollock.
• 1:05:42
  You're here in case 26-175 and 1741, count of trespass and one
• 1:05:47
  count of petty theft. I was advised this morning that
• 1:05:50
  the petty theft count also has an accompanying trespass that
• 1:05:56
  somehow was not set up, was skipped by someone in the
• 1:06:01
  clerk's office. But I think Mr. Mitchell and Mr.
• 1:06:04
  McDaniel have got that case, got an agreement, dismissed that
• 1:06:06
  count. Listen to your attorney.
• 1:06:08
  I'm appointing that office to represent you.
• 1:06:13
  So your honor, we're going to interview no contests case
• 1:06:16
  number 261742617526174. They're going to dismiss the
• 1:06:22
  trespass to a they'll be pleading to a trust to a petty
• 1:06:25
  theft and a trespass charge 90 days in the county jail, run a
• 1:06:28
  concurrent one day jail credit, $370 fine in each case.
• 1:06:34
  Hopefully work it off. When I was in trust eBay that'll
• 1:06:37
  resolved this case today. He has signed his fee waiver,
• 1:06:39
  waving through trial and call. Witnesses.
• 1:06:42
  Thank you. Mr. Mitchell, is that agreeable
• 1:06:43
  with the state? It is Your Honor, we would
• 1:06:45
  request that you be adjudicated guilty.
• 1:06:47
  And Mr. Pollock, is that any questions about that, Mister
• 1:06:50
  Pollock? Yes, Sir.
• 1:06:52
  Mr. Pollock, is that the plea you would like to enter?
• 1:06:54
  Yes. Sir, Mr. Pollock, I'm going to
• 1:06:56
  accept your plea of no contest of these two charges, 26 that's
• 1:07:00
  174 MMM and 175 MMM, petty theft, trespassing a judge
• 1:07:05
  you're guilty states this missing the second trespassing
• 1:07:08
  sentence. Shooted 90 days in jail on each
• 1:07:09
  case concurrent for a total sentence of 90 days.
• 1:07:13
  One day credit on each case, 370 court costs and fines in each
• 1:07:16
  case. No probation to follow.
• 1:07:19
  It's just a jail sentence. Mr. Pollock and Mr. Pollock,
• 1:07:24
  when you finish this sentence, you'll be released.
• 1:07:25
  There's no, no probation at all in this sentence.
• 1:07:27
  Mr. Pollock, you certainly may get some extra game time under
• 1:07:29
  Florida law. I would encourage you to look
• 1:07:31
  into the trustee program at the jail if that interests you.
• 1:07:34
  Any questions? Sir, No, Sir.
• 1:07:37
  Have a good day. Sir Nicholas D Banks Well, the
• 1:07:44
  next contestant comes up earlier this morning.
• 1:07:47
  Tim, 5 gifted memberships. Thank you for that.
• 1:07:49
  And Wahoo, just now, thank you for gifting a membership as
• 1:07:52
  well. I'm going to appoint the public
• 1:07:53
  Turner's office represent you, tell you there is probable cause
• 1:07:56
  for the charge. And I have looked at refresh my
• 1:07:59
  memory on your criminal history since I saw you about two months
• 1:08:01
  ago for the same thing. I'm going to point the public
• 1:08:04
  Turner's office as appointed. Please listen to Mr. McDaniel,
• 1:08:07
  Your honor, I spoke to Mr. Eubanks, he's going to put a
• 1:08:09
  contest, the charges listed understanding since 90 days in
• 1:08:12
  the county jail, one day jail credit, $370 fines or
• 1:08:16
  restitution and he's signed us through everyone with his right
• 1:08:20
  to true trial and call witnesses.
• 1:08:22
  Thank you. Mr. Mitchell has had a great
• 1:08:23
  with the state. It is, your Honor, we're also
• 1:08:25
  requesting he'd be adjudicated guilty for this count.
• 1:08:28
  And I guess he'd be notified that if he's got going to
• 1:08:31
  Walmart again and doing the same thing, it'll be a felony next
• 1:08:34
  time. Mr. Eubanks, I think I may have
• 1:08:36
  told you that last time that your third one can become a
• 1:08:39
  felony. Now you have 3 after today.
• 1:08:42
  So this will be actually the next one will be a fourth.
• 1:08:44
  If you get charged with us again, it's possible to go to
• 1:08:46
  felony court. So just you need to be aware of
• 1:08:48
  that. Mister Eubanks, any questions
• 1:08:50
  about this agreement? OK.
• 1:08:53
  Is this the plea you would like to enter, Sir?
• 1:08:55
  Yes, Sir, Mr. Eubanks can accept your pay no contest to the
• 1:08:59
  charge of retail theft. 2 counts the judge you get of those first
• 1:09:03
  degree misdemeanors sentence you to 90 days in jail on each case
• 1:09:06
  concurrent. So they're running at the same
• 1:09:08
  time. You've got one day credit on
• 1:09:09
  each case, $370 court costs and fines imposed in count one.
• 1:09:14
  More reserved jurisdiction for 60 days for restitution
• 1:09:17
  purposes. If the state wants restitution,
• 1:09:19
  they have 60 days to schedule and conduct a hearing.
• 1:09:22
  If you don't agree to that amount, I don't know if there's
• 1:09:24
  restitution or not. Frankly, I can't tell from the
• 1:09:26
  from the complaint. Looks like there may be
• 1:09:27
  restitution on one case and not the other for Mr. Eubanks.
• 1:09:31
  You've you've gone from no history to six months ago and
• 1:09:34
  now you've got you've got 3 misdemeanor convictions.
• 1:09:37
  Unless you change something. Mr. Eubanks, I'm afraid you're
• 1:09:39
  headed down to a bad path. Do you have any questions, Mr.
• 1:09:41
  Eubanks? No, Sir.
• 1:09:44
  Wish you the best, Sir. Your Honor, for purposes of
• 1:09:46
  restitution, can I see the complaint?
• 1:09:47
  Again. Sure.
• 1:09:53
  There's a second incident with complaints.
• 1:09:56
  I'm not going to say it's not drafted well, it's just rather
• 1:09:59
  confusing. They get called about an
• 1:10:01
  incident, he's on video, and then they get called back for a
• 1:10:06
  second incident. And the second was the one they
• 1:10:08
  actually make the arrest on initially.
• 1:10:11
  So Mr. Mr. Mike Daniel, we also have state versus Sandy King.
• 1:10:17
  Is that Mister King here with us?
• 1:10:19
  Yes, you're on. OK, this is Mr. King.
• 1:10:21
  You're here in Case 26-22 CT Mr. King.
• 1:10:25
  Mr. McDaniel filed a written motion.
• 1:10:27
  He's trying to get you out about a week or 10 days early for your
• 1:10:32
  daughter's graduation. So listen to your attorney, Mr.
• 1:10:34
  McDaniel. You know, I just maybe one
• 1:10:36
  mistake in everything. It's not as daughter as a son.
• 1:10:39
  I just, you know, we just asked the court, we had a written
• 1:10:43
  motion was for May 22nd because he's going to graduate May 23rd.
• 1:10:47
  The mother emailed me last night and not the mother.
• 1:10:49
  His wife emailed me last night, said she's going to be out of
• 1:10:52
  the country, has got to fly out on the 23rd and was asking if it
• 1:10:57
  would be possibly the court would let him, maybe, possibly
• 1:11:00
  let him out on the 21st. He's been here for, you know,
• 1:11:02
  he's been a good trustee here at the jail.
• 1:11:04
  He's done everything he's asked and done.
• 1:11:07
  It wasn't a major crime here. It wasn't anything here that you
• 1:11:11
  know, where it's any kind of crime or violence or anything
• 1:11:13
  like that. It's your honor we'd ask the
• 1:11:14
  court to consider. Go ahead and release.
• 1:11:16
  Any. That week or 10 days early so he
• 1:11:18
  can go to his son's graduation. On that 23rd, hopefully.
• 1:11:22
  He can get him out at the 21st. Thank you.
• 1:11:24
  Mr. King. Yesterday we talked about this
• 1:11:27
  case, excuse me, with the jail. The jail told us, the jail staff
• 1:11:31
  told us, I think it was Sergeant Gross, you had no DRS and that
• 1:11:34
  you've been a model inmate. The time that, you know, the
• 1:11:37
  couple of months you've been out there, that is a factor.
• 1:11:40
  If you do get out, are you going to go to the graduation, Mr.
• 1:11:42
  King? And the request is to be
• 1:11:46
  released on May 21st. Mr. King, you need to understand
• 1:11:49
  this request is conditional upon you staying, excuse me, upon you
• 1:11:55
  staying in the trustee program. You see if there's any water in
• 1:11:57
  that refrigerator, please. In other words, if you get in
• 1:12:01
  trouble and you violate rules of the trustee program and you lose
• 1:12:04
  game time that you've you've got right now, you've got some game
• 1:12:07
  time error. But if you lose any rule, any
• 1:12:09
  game time by getting in trouble at the jail that would that
• 1:12:12
  would nullify this, this order I'm about to sign.
• 1:12:15
  You understand that? Yes, Sir.
• 1:12:17
  Mr. Mitchell state position they have no objection to the request
• 1:12:22
  and we're OK with the order being signed.
• 1:12:25
  OK so Mr. King, I'm going to sign this order granting early
• 1:12:28
  release. You're going to be released on
• 1:12:29
  May 21st. As long as you have no
• 1:12:34
  violations. Thank you.
• 1:12:35
  That are going to anything that as long as you have no
• 1:12:37
  violations of the jail program that would cause you to lose
• 1:12:39
  trustee status or forfeit game time.
• 1:12:42
  I just signed the order, so you'll be released May 21st.
• 1:12:45
  I wish you the best. And so you go to that
• 1:12:47
  graduation. Mr. King, do you have any
• 1:12:48
  questions? No, Sir, Thank you.
• 1:12:51
  Yes, Sir, I wish you the best. I think the original release
• 1:12:53
  date was June 1st based on what I was told yesterday.
• 1:12:57
  So Mr. McDaniel, that's everything I had on the 1st
• 1:12:59
  appearance Doc, that I'm aware of.
• 1:13:00
  Anything from the anything else from the public finish off.
• 1:13:03
  All righty, that wraps up for Judge Mercer once again,
• 1:13:05
  everybody. Good morning.
• 1:13:06
  It's a Super Friday here at TCF. If you are new out there in the
• 1:13:10
  chat out there in the world, new to the channel, kindly say good
• 1:13:15
  morning to us. We would love to hear from you.
• 1:13:18
  Let's do something new. Let's go to Highland County,
• 1:13:23
  Ohio. This is a little bit east of
• 1:13:25
  Cincinnati. This is Judge Rocky Koss.
• 1:13:29
  I have not watched his stuff before, but he will win the
• 1:13:33
  award for the most interesting judge's robe.
• 1:13:43
  Lindsay, thank you for gifting 5 memberships.
• 1:13:45
  I very much appreciate that. OK, this is case number 250169,
• 1:13:54
  State of Ohio. This is Christopher L Rome,
• 1:13:59
  present for the State and Distance Prosecutor King and
• 1:14:04
  Intern Willie, as on behalf of the defendant, Attorney James.
• 1:14:07
  Boulder. You're Christopher L Rome.
• 1:14:10
  Yes, Sir, all. Right.
• 1:14:14
  The defendant is charged in a pre count indictment having
• 1:14:17
  weapons under disability, aggravated possession of drugs
• 1:14:21
  and forfeiture. We will have a trial date of May
• 1:14:24
  14th. Matter set today for a plea and
• 1:14:28
  to request a party. I've been presented with a plea
• 1:14:32
  of guilty form indicates that the defendant's going to plead
• 1:14:37
  guilty to all three counts and I'm looking at disagreement.
• 1:14:41
  Mr. from on Page 3, there's a sentence of reason or there's
• 1:14:46
  plea voluntarily Right below that there's a line for
• 1:14:49
  signature defendant. There's a little X next to it
• 1:14:51
  and I see Mr. Boulder's signature below.
• 1:14:53
  And is that your signature on this document?
• 1:14:55
  I'm looking at. It is.
• 1:14:57
  When did you sign it this morning?
• 1:14:59
  Just a quick pause. Ashley, thank you for gifting 10
• 1:15:03
  memberships. You guys are being very generous
• 1:15:04
  this morning. I sure appreciate it and I know
• 1:15:06
  the community does too. So thank you.
• 1:15:08
  Back to judge. All right.
• 1:15:10
  When you sign this document, did you understand that was an
• 1:15:13
  agreement to plead guilty, meaning there won't be a trial
• 1:15:15
  and the next step in your case would be a sensing hearing?
• 1:15:18
  I did. And when you sign this
• 1:15:20
  agreement, is this what you expected it to be from your
• 1:15:23
  previous conversations with Mr. Bolton?
• 1:15:25
  Yes, Sir. So you were not surprised by
• 1:15:28
  this, the content of the agreement and you feel that you
• 1:15:32
  had enough time to fully consider the matter before
• 1:15:34
  making the decision to sign this agreement this and did you sign
• 1:15:37
  it voluntarily? I did your.
• 1:15:40
  And are you going forward today with the plea voluntarily?
• 1:15:43
  All. Right.
• 1:15:45
  So the agreement says you're going to plead guilty to the
• 1:15:48
  three counts in the indictment. Count 1 is having weapons while
• 1:15:51
  under disability in violation. Section 2923.1383.
• 1:15:57
  Excuse me, the high advise. Code.
• 1:15:59
  Count 2 aggravated possession of drugs under section 2925.11 a
• 1:16:05
  the hybridized code and both of those are third degree felonies.
• 1:16:09
  And then the Forster specification is under
• 1:16:11
  2941.14.17 and it is a forfeiture of property and does
• 1:16:20
  not carry any additional penalty other than the loss of property.
• 1:16:25
  Counts 1 and 2 are both third degree felonies.
• 1:16:27
  So there's a possible sentence of between 9 and 36 months of
• 1:16:31
  incarceration, imprisoned on each of those, and a fine of
• 1:16:35
  $10,000. The second count has a mandatory
• 1:16:39
  fine of $5000. If you are convicted of both
• 1:16:43
  offenses and sentenced to prison, then the sentences could
• 1:16:46
  range anywhere from nine months is a minimum up to 72 months is
• 1:16:50
  a maximum because it could be ordered to be served
• 1:16:52
  consecutively and you could have fines totaling $2000.
• 1:16:56
  Do you understand that? Yes, Sir.
• 1:16:58
  Now, with regard to Count 2 only, there's a presumption
• 1:17:02
  prison should be imposed, but it's not required.
• 1:17:05
  You understand that? Yes, Sir.
• 1:17:07
  Now, other than these charges, Mr. Rump, are you facing any
• 1:17:10
  penalty charges in any other jurisdiction?
• 1:17:12
  No. No.
• 1:17:12
  Are you currently on probation committee control, parole post,
• 1:17:15
  police control, break up? No.
• 1:17:17
  No. Now, under the law, if you are
• 1:17:20
  sentenced to prison on these offenses to serve a prison term,
• 1:17:23
  upon completion of that term, it is possible that the Adult
• 1:17:28
  Parole Authority would exercise the option to put you in what's
• 1:17:31
  called post release control supervision for a period of up
• 1:17:34
  to two years. That means you would be
• 1:17:35
  supervised by a parole officer on the terms they set.
• 1:17:38
  And if they determine that you have failed to comply with those
• 1:17:42
  conditions, they have the authority under the law to
• 1:17:46
  return you to prison as a sanction, even though you've
• 1:17:50
  already served the entire prison term set by the court for an
• 1:17:53
  additional period of up to nine months for a single violation.
• 1:17:58
  There is a cap or limit of half of whatever the actual prison
• 1:18:01
  term imposed by the court was for all violations.
• 1:18:04
  If, however, you are convicted of a felony while on post
• 1:18:08
  release control supervision and are sentenced to prison for
• 1:18:11
  that, then that judge is also authorized to sentence you for
• 1:18:14
  committing that offense for under post release control in
• 1:18:16
  this case to an additional period of one year.
• 1:18:19
  Whatever time is left on that period of post relation control,
• 1:18:21
  whichever is greater. If that occurs, that has to be
• 1:18:24
  served consecutively to the sentence in the new case.
• 1:18:27
  You understand that? Yes, Sir.
• 1:18:30
  Now I'm not required to sentence people convicted of these
• 1:18:34
  offenses to prison. So the law does provide them
• 1:18:37
  that it could be sentenced to what's called community control
• 1:18:40
  or probation. And that means instead of being
• 1:18:43
  sentenced to the prison, you'd be put under the supervision of
• 1:18:46
  a probation officer on the term set by the court for a period of
• 1:18:50
  about two to five years. If during that period of time
• 1:18:54
  the probation department felt that you were not complying,
• 1:18:57
  they would file a written notice of that with the court.
• 1:18:59
  That would be a copy given to you.
• 1:19:01
  You would have a hearing of which you would be entitled to
• 1:19:03
  have an attorney. If the outcome of that hearing
• 1:19:05
  was that you'd failed to comply, then at that time the court
• 1:19:08
  could revoke committee control and consent you to a period of
• 1:19:11
  between 9 and 72 months incarceration and fine you
• 1:19:14
  $20,000. And if the revocation of your
• 1:19:18
  committee control was due in part or whole because you had
• 1:19:22
  committed a new felony while under committee control and were
• 1:19:26
  sentenced to prison for that offense, the sentence in that
• 1:19:29
  case, in this case could be order to be served
• 1:19:31
  consecutively, meeting one after the other.
• 1:19:33
  Understand that. Yes, Sir.
• 1:19:35
  All right now the first count in the indictment alleges on about
• 1:19:42
  October 30, 2025 in Highland County, Ohio.
• 1:19:46
  If you not having been relieved from disability as provided in
• 1:19:49
  Section 2913.1 for the Revised Code, didn't knowingly acquire,
• 1:19:53
  have, carry or use. A farmer and at the time has
• 1:19:58
  said Christopher L Rump had been convicted of a felony offense
• 1:20:02
  involving the illegal possession, use, sale,
• 1:20:05
  administration, distribution or trafficking and any drug of
• 1:20:08
  abuse to wet aggravated possession of drugs on April 30,
• 1:20:11
  2014, in Claremont County Court of Common Pleas and case number
• 1:20:16
  2014 Dash CR-00164. In violation section 2923.1383,
• 1:20:23
  Count 2 alleges that owner about October 30, 2025 in Honey
• 1:20:27
  County, Ohio, you didn't knowingly obtain, possess or use
• 1:20:31
  a Schedule 1 controlled substance to with psilocybin, an
• 1:20:36
  amount that equals or exceeds the bulk amount that is less
• 1:20:38
  than five times the bulk amount. In violation of section 2925.11
• 1:20:43
  A the Ohio Vice code. And then count 3 alleges that on
• 1:20:46
  or about October 30, 2025, in Honey County, Ohio, if you had
• 1:20:51
  your possession a high point model JHP 45ACP, serial number
• 1:20:57
  X4357720, subject to forfeiture due to his instrumentality and
• 1:21:02
  the commissioner facilitation. The defense is defined in
• 1:21:05
  section 2941.14.17. Of the higher.
• 1:21:09
  Advised Bill. So those are the three charges
• 1:21:13
  that we've talked about. Now, Mr. Trump, do you
• 1:21:17
  understand what it is you've been charged with in each of
• 1:21:19
  those accounts? What the state said you did,
• 1:21:21
  when, where and how they allege that you did?
• 1:21:24
  You discussed the nature of the charges, the evidence in the
• 1:21:26
  case of possible legal issues. In the case of possible
• 1:21:29
  defenses, you may try to raise a trial and the possible outcomes
• 1:21:32
  of a trial with your attorney. I have your own.
• 1:21:35
  And are you satisfied with his advice and confidence in this
• 1:21:38
  matter? I am your own.
• 1:21:39
  Has anyone or are you under the influence of any types of drugs
• 1:21:43
  or alcohol at this time? No, you're not.
• 1:21:45
  Are you taking any prescription drugs?
• 1:21:47
  No, you're not. Have any threats been made to
• 1:21:49
  get you to plead guilty here today?
• 1:21:51
  No, you're not. Page 2.
• 1:21:53
  There's a couple of lines printed.
• 1:21:55
  They read as follows. Defendant will enter plead
• 1:21:57
  guilty to the indictment. State defense will argue
• 1:21:59
  sentencing. Defendant agrees to forfeiture.
• 1:22:01
  And count 3. Is that your understanding of
• 1:22:03
  the agreement? It is.
• 1:22:04
  You're not. No one's promised you anything
• 1:22:06
  other than that to get you to plead guilty.
• 1:22:07
  No, you're not. So you don't.
• 1:22:09
  You've not been promised by anyone that you'll receive a
• 1:22:11
  particular sentence if you plead guilty.
• 1:22:14
  No, you're not. Now, if you hold any license or
• 1:22:16
  certification from any state governmental agency that
• 1:22:18
  regulates any occupation or profession in the state of Ohio,
• 1:22:21
  no, you're. Not.
• 1:22:23
  Now you have certain constitutional rights, must
• 1:22:24
  understand before I can accept the plea, you have right to
• 1:22:28
  counsel and you've employed Mr. Boulder's representation.
• 1:22:31
  If you were unable to pay to have an attorney in order to
• 1:22:34
  continue to pay him, then the court would appoint counsel for
• 1:22:37
  you at no cost. So the reason I've mentioned
• 1:22:40
  that is I've asked this question, are you entering into
• 1:22:42
  this agreement because you are afraid you're not going to be
• 1:22:45
  able to afford pay Mr. Boulder to continue to defend you?
• 1:22:48
  No, you're not. All right, now you have a right
• 1:22:51
  to have a jury trial in the case on all three counts, which means
• 1:22:56
  that a jury of 12 people would be selected from a group of
• 1:23:00
  citizens that live in Highland County that are summoned for
• 1:23:03
  jury duty on your trial date. After they are selected, the
• 1:23:07
  evidence is presented and then the judge instructs them on the
• 1:23:09
  law and then that jury decides by a unanimous verdict.
• 1:23:13
  Many, all 12 would have to agree as to whether the state proved
• 1:23:16
  jury guilt in any of the three cases.
• 1:23:19
  And again, it'd have to be unanimous in each case in each
• 1:23:21
  count. Now, if you didn't want to have
• 1:23:23
  a jury trial, but you didn't want to plead guilty, you can
• 1:23:26
  waive in writing, which means to give up your right to have a
• 1:23:28
  jury trial, in which case you would have called a court or
• 1:23:30
  bench trial. And that means that instead of a
• 1:23:33
  jury, it's the judge that hears the evidence, applies to law and
• 1:23:36
  decides whether or not the state proves your guilt.
• 1:23:38
  You understand that? Yes, Sir.
• 1:23:40
  Now, under law, you have a right to confront the witnesses
• 1:23:43
  against you in open court and cross examine them through your
• 1:23:46
  attorney. So what that means is witnesses
• 1:23:49
  against you have to appear and testify in open court in front
• 1:23:53
  of you and your attorney and anyone else is observing.
• 1:23:55
  After the prosecutor's done asking questions, your attorney
• 1:23:58
  asks questions. That's called cross examination.
• 1:24:00
  The purpose of that is trying to bring out evidence may help your
• 1:24:03
  side of the case. Do you understand that?
• 1:24:05
  Yes. Sir, now under the.
• 1:24:06
  Law. You have a right to use the
• 1:24:08
  power of this court to compel or force witnesses to come to court
• 1:24:11
  to testify for you, just like the state that means.
• 1:24:14
  That if you have. Witnesses, you're not certain
• 1:24:16
  they're going to appear or can't appear voluntarily, that upon
• 1:24:20
  your request in writing, the court issues a subpoena, which
• 1:24:24
  is a court order that forces those people to come to court to
• 1:24:28
  be available to testify if you want them to, even though they
• 1:24:30
  don't want to be here. Which is the same way the
• 1:24:32
  state's witnesses are forced come to court to testify against
• 1:24:37
  you. Do you understand that?
• 1:24:38
  Yes, Sir. Now, under the law, you have a
• 1:24:41
  privilege against self incrimination, which means that
• 1:24:44
  you cannot be forced to give evidence in this matter at any
• 1:24:47
  time, including trial. No one can ever make you
• 1:24:49
  testify. The prosecutor can't.
• 1:24:51
  The judge can. It's up to you.
• 1:24:54
  And if you decide not to testify, the fact that you did
• 1:24:57
  not testify cannot be used in any way by any person during the
• 1:25:01
  proceedings. And in fact, no one's even
• 1:25:03
  allowed to comment on it with one exception.
• 1:25:05
  If there is a jury trial and you just elect not to testify, court
• 1:25:11
  constructs the jury that because it is your constitutional right,
• 1:25:13
  they cannot consider it for any purpose.
• 1:25:15
  You understand that? Yes, Sir.
• 1:25:17
  Now, under the law, you are presumed innocent of this charge
• 1:25:20
  to a proven guilty by the state of Ohio on every essential
• 1:25:23
  element of each of the offenses charged.
• 1:25:26
  So what that means is the burden of proof isn't on you to try to
• 1:25:29
  prove you're not guilty of any of these charges simply because
• 1:25:32
  you've been indicted and accused.
• 1:25:34
  In fact, under the law, you're not required to present any
• 1:25:37
  evidence at all in your defense at trial.
• 1:25:40
  You're you are permitted to do so, but you're not required to
• 1:25:44
  whether you present any evidence of defense or not.
• 1:25:46
  The burden of proof stays on the state of Ohio prove your guilt
• 1:25:50
  on each of these three counts and they have to prove each
• 1:25:53
  essential element of each of those counts.
• 1:25:57
  I proved beyond a reasonable doubt, which is the highest
• 1:26:00
  burden of proof, this note under the law and again the verdict on
• 1:26:04
  each would have to be unanimous as to all each cap.
• 1:26:08
  You understand that right now. Originally, you entered the plea
• 1:26:12
  of not guilty, not guilty plea, denied the allegation in the
• 1:26:15
  indictment, denied you committed any crime, and then exercised
• 1:26:18
  her vote. All the rights that I've
• 1:26:20
  described for you, if you change your plea from not guilty to
• 1:26:24
  guilty to these three charges, that is the opposite of the not
• 1:26:28
  good. The guilty plea would admit the
• 1:26:32
  allegation in each of the three counts, admit that they're a
• 1:26:35
  crime in each count, and admit that you committed to each
• 1:26:38
  crime. And that plea would waive, give
• 1:26:41
  up all of the rights that I've described for you today, except
• 1:26:44
  your right to have counsel. You always have a right to have
• 1:26:46
  counsel no matter what your plea without exception.
• 1:26:49
  Your plea of guilty waive give up your right to a jury or court
• 1:26:53
  from the waive to give up your right to confront witnesses
• 1:26:56
  against you, to cross examine them in open court for your
• 1:26:58
  attorney. The waive to give up your right
• 1:27:01
  to use the power of the court to propel or force witnesses to
• 1:27:03
  come into court to testify for you.
• 1:27:05
  Just like the state would waive give up privilege against self
• 1:27:08
  discrimination, because if you say you're guilty, that's what's
• 1:27:10
  used to find your guilty, It would waive give up your
• 1:27:12
  presumption of innocence because if you say you're guilty, then
• 1:27:16
  the state doesn't have to prove your guilt on any of the three
• 1:27:18
  charges It does object you being sentenced to merely by the
• 1:27:21
  court. Finally, it weighs gives up any
• 1:27:23
  right to file an appeal that you think you may have had up until
• 1:27:26
  this point in the case. Now, should you be sentenced to
• 1:27:29
  the maximum sentence or in other limited circumstances, an appeal
• 1:27:32
  could be filed, that appeal would have to be filed within 30
• 1:27:35
  days of your sentencing, injury being.
• 1:27:37
  Filed. You understand all of that?
• 1:27:40
  Yes, Sir. And are you AUS citizen, Mr.
• 1:27:42
  Rum? Yes, you are.
• 1:27:43
  All right. Now, do you have any questions
• 1:27:44
  about the charges or the possible penalties?
• 1:27:46
  No, you're not. You understand them?
• 1:27:48
  Yes, you are. Have any questions about the
• 1:27:50
  plea agreement? No, you are.
• 1:27:52
  You understand it? Yes.
• 1:27:53
  Yes, Sir. Have any questions about the
• 1:27:55
  constitutional rights? I'll explain.
• 1:27:56
  No, you understand those. Yes, Sir, do.
• 1:27:59
  You have any questions? About.
• 1:28:01
  The plea of guilty, what it means, what will happen if you
• 1:28:03
  enter that plea here today. Yes, I do.
• 1:28:05
  Is there anything you need to speak to Mr. Bulger about before
• 1:28:07
  we go any further? No, you're.
• 1:28:09
  Not. Do you have any questions at
• 1:28:10
  all? All right.
• 1:28:12
  Then is it your decision to withdraw you're not guilty plea
• 1:28:15
  and plead guilty to the three counts of the indictment
• 1:28:17
  pursuant to the terms of the plea agreement that we've just
• 1:28:19
  gone over and you do that voluntarily?
• 1:28:23
  All right. Then as to the charge and Count
• 1:28:25
  1, which reads that on or about October 30, 2025 in Hyland
• 1:28:32
  County, Ohio, you not having been relieved from disabilities
• 1:28:36
  provided section 2923.1 for the vice code, did normally acquire,
• 1:28:40
  have, carry or use a firearm. And at the time you had been
• 1:28:45
  convicted of a felony offense involving the illegal
• 1:28:47
  possession, use, sale, administration, distribution or
• 1:28:50
  trafficking in any drug abuse to with aggravated possession of
• 1:28:54
  drugs on April 30, 2014 in Claremont County Court of Common
• 1:28:58
  Pleas in case number 2014 Dash. CR Dash 00164 in violation
• 1:29:03
  section 2923.13 a three there I advise code the charge of having
• 1:29:08
  weapon while under disability, third degree felony carrying a
• 1:29:11
  possible penalty between 9 and 36 months of incarceration and a
• 1:29:14
  fine of $10,000. How do you plead?
• 1:29:17
  Joe to your. As to Count 2, which alleges an
• 1:29:20
  honor about October 30, 2025, in Hunting County, Ohio, you did
• 1:29:24
  knowingly obtain possessor use as Schedule 1 controlled
• 1:29:27
  substance to with silicine and the amount that equals or
• 1:29:30
  exceeds the bulk amount that is less than five times the bulk
• 1:29:34
  amount in violation of Section 2925.11 A of the hybridized
• 1:29:39
  code. A third degree felony carrying a
• 1:29:41
  possible prison term between 9 and 36 months.
• 1:29:45
  A fine of $10,000 mandatory to find a $5000.
• 1:29:49
  How do you plead then? As to Count 3 that alleges that
• 1:29:53
  honor, about October 30, 2025, in Hinden County, Ohio, you had
• 1:29:57
  your possession, a high point model JHP 45ACP, serial number
• 1:30:02
  X4357720, subject to forfeiture due to its instrumentality in
• 1:30:07
  the Commission facilitation the offense defined in Section
• 1:30:10
  2941.14.17 of the High Revised Code, which would resolve the
• 1:30:15
  loss of that firearm to the state.
• 1:30:17
  How do you plead, Joseph? All right the court finds and on
• 1:30:19
  this day in Oakland court defendant was advised of all
• 1:30:22
  this constitutional rights made a no intelligent voluntary way
• 1:30:26
  with the same pursuit of criminal 11 Plea is accepted and
• 1:30:30
  ordered filed offended is found guilty of each of the three
• 1:30:35
  counts. The matter is referred to the
• 1:30:39
  probation department for a pre sentence report which will
• 1:30:41
  include an assessment for substance use disorder and or
• 1:30:45
  mental health. I know it our previous
• 1:30:49
  conversation, Mr. Boulder. Indicate he wanted.
• 1:30:52
  To provide the drug forces. When he meets with the probation
• 1:30:56
  officer, he can request that application.
• 1:31:00
  We will send set the sentencing for June the 10th at 9:00 AM if
• 1:31:06
  you're available. Mr. Fulcher.
• 1:31:07
  That'd be I am all. Right, that'll be June the 10th
• 1:31:11
  at 9:00 AM in person bond will be continued.
• 1:31:15
  So you see Mr. over here to set up an appointment for you for
• 1:31:22
  your present interview and their you decide to request
• 1:31:26
  application to drug court document to meet with the drug
• 1:31:30
  court worker. Is there anything further
• 1:31:33
  council there? You're on there.
• 1:31:35
  Thank you. Thank you.
• 1:31:37
  OK friends. So I got to looking at that
• 1:31:39
  judge's robe and I had a suspicion.
• 1:31:42
  So I did a little digging and Judge Kost received ABA in
• 1:31:47
  history from Ohio State University in 1973 and his Juris
• 1:31:54
  doctorate from Ohio State University Moritz College of Law
• 1:31:58
  in 1975. Friends, he's wearing OSU
• 1:32:01
  colors. That's why that robe is red and
• 1:32:05
  Gray. It's his university.
• 1:32:07
  So that explains that. Now, Gigi said that the the
• 1:32:12
  courtroom had a court like or a church like feel to it.
• 1:32:18
  Well, there is the court building right there, my
• 1:32:20
  friends. Now, this is actually an
• 1:32:23
  interesting place. This is the Highland County
• 1:32:25
  Courthouse. It's in Hillsborough, which is
• 1:32:27
  the county seat for Highland County, Ohio.
• 1:32:31
  Again, that's a little bit east of Cincinnati.
• 1:32:35
  It is on the US Register of Historic Places, just like the
• 1:32:39
  courtroom that Middleton is in now, just like that building.
• 1:32:42
  This was built in 1834, and it is the oldest courthouse still
• 1:32:50
  in use in the state of Ohio. So that's why it's got that old
• 1:32:55
  timey church, like kind of feel friends.
• 1:32:57
  It's I mean, that's, that's the architecture back in the day.
• 1:33:00
  That's how they built these things.
• 1:33:02
  And they're still using that, you know, it's coming up on 200
• 1:33:05
  years old almost now and they're still using that courthouse.
• 1:33:08
  So very cool. So thought I'd share.
• 1:33:11
  I'm sure we'll pay another visit to that court at some point in
• 1:33:14
  the future. Let's go back to Michigan,
• 1:33:17
  though, and Judge Anselone, they're going to do a motion in
• 1:33:21
  lemony. So let's see what the what that
• 1:33:24
  one's all about. Mr. Cara OK, All right.
• 1:33:30
  And I will see you guys on Zoom. So and then I have Corey
• 1:33:35
  Tomlinson and Kayla Henderson appearing on behalf of the
• 1:33:40
  defendant. And this is the date time
• 1:33:44
  scheduled for multiple motions. So we can start with start with
• 1:33:59
  defendants motion in lemonade to preclude reference evidence
• 1:34:02
  mentioned or allusion to marriage between Pardeep Saini
• 1:34:06
  and Nicole Overnauer at trial. So let's start with that one.
• 1:34:12
  Thank you, your honor. Do you prefer?
• 1:34:13
  But yeah, Yep. And make sure you speak loud,
• 1:34:16
  OK? So, defendants.
• 1:34:19
  Are moving to essentially effectuate the court's prior
• 1:34:23
  order from September 15th that ruled on partial summary
• 1:34:27
  disposition that the plaintiff and the decedent Nicole were not
• 1:34:32
  formally legally married and therefore the plaintiff cannot
• 1:34:35
  recover those damages on his own behalf under the wrongful death.
• 1:34:39
  Act. And that was a concession that
• 1:34:40
  there was no legal marriage. There's been continued reference
• 1:34:44
  in Discovery. To these two.
• 1:34:46
  Individuals as spouses. And this motion in Lemony is
• 1:34:49
  essentially to prevent that misrepresentation from happening
• 1:34:53
  to the jury via visuals, reference or testimony.
• 1:34:59
  I think this is not meant to insult the relationship.
• 1:35:02
  Between the Deceda. And the plaintiff, but it's
• 1:35:05
  being mindful of the legal terms and their implications.
• 1:35:08
  Marriage is a civil. Contract.
• 1:35:10
  That comes with those duties, rights and responsibilities, and
• 1:35:13
  it's not something that you can just enforce because it wouldn't
• 1:35:16
  have been too difficult to sign the paper that creates that
• 1:35:19
  binding relationship. The two parties themselves were
• 1:35:22
  aware that they did not enter into a relationship with records
• 1:35:26
  showing that they referred to each other as a boyfriend or
• 1:35:29
  girlfriend and that they represented in legal filings
• 1:35:33
  that they were single. What the family labels the
• 1:35:36
  relationship is not material. Family can discuss their
• 1:35:40
  relationship and the loss of the decedent Nicole, independent of
• 1:35:45
  her relationship with the plaintiff they can use.
• 1:35:47
  Photos of Nicole. Not.
• 1:35:50
  At a wedding, not emphasizing a ceremony or reception.
• 1:35:54
  That would. Lead the jury to believe that
• 1:35:56
  there was a marriage that would be misleading and confusing to
• 1:36:00
  the jury and that is sufficient to allow an exclusion of that
• 1:36:04
  evidence under Michigan Rule of Evidence four O 3.
• 1:36:08
  When there's a danger of confusing the issues or
• 1:36:11
  misleading the jury, that should be excluded when it
• 1:36:16
  substantially outweighs any nominal, nominal probative
• 1:36:19
  value. We're not asking the court to
• 1:36:21
  pretend that these two did not have a meaningful relationship,
• 1:36:24
  a lifelong partnership, but to. Call it a marriage.
• 1:36:27
  Would just be legally incorrect. And misleading SO.
• 1:36:31
  Thank you, Mr. Karen. Thank you.
• 1:36:35
  First of all, it's a pleasure being here in person today.
• 1:36:37
  I always see you on zoom. Council is correct in that this
• 1:36:43
  court did rule that Mister Sani cannot claim damages
• 1:36:46
  individually for the death of Nicole.
• 1:36:49
  And if you could just speak up a little bit our it's very
• 1:36:54
  outdated recording system here, I apologize.
• 1:36:56
  Please let me know if this is OK.
• 1:36:57
  Perfect. Thank you.
• 1:36:59
  All right, so Council is correct.
• 1:37:01
  Mr. Sani is not going to be claiming damages individually
• 1:37:05
  under the Michigan Wrongful Debt Act.
• 1:37:07
  And. This court has already entered
• 1:37:09
  an order, and although I disagree with what the law says,
• 1:37:12
  I respect. This Court's.
• 1:37:13
  Ruling where we are not going to be asking.
• 1:37:15
  The jury to award. Those damages, however, it is in
• 1:37:20
  fact, it is the truth that both of them were married attached as
• 1:37:25
  exhibit one. It's a marriage certificate that
• 1:37:28
  talks about, you know, where they got married, when they got
• 1:37:31
  married, who attended? 75 people attended this
• 1:37:34
  marriage, including the family members.
• 1:37:36
  Nicole's mom is here. Nicole's dad is here, sisters,
• 1:37:39
  everyone and they all testified that they were both, everyone
• 1:37:43
  that attended considered them to be married, including defendants
• 1:37:47
  own hospital records that they have attached in their motion
• 1:37:51
  references to Mr. Sandy and Nicole as husband and wife and
• 1:37:55
  spouse. So at trial, what we are going
• 1:37:58
  to say to the jury is there was a religious vetting ceremony but
• 1:38:03
  they did not obtain a county license.
• 1:38:06
  We are not claiming damages for Mr. Sandy, but there are other
• 1:38:10
  members within Miss Owen Hours estate, the parents, the sister
• 1:38:14
  and and the son which Mr. Sandy and Nicole had a son Dilraj,
• 1:38:18
  who's 6 now. They are entitled to claim those
• 1:38:21
  damages. They attended that merit
• 1:38:22
  ceremony. They attended that event.
• 1:38:24
  They have emotions attached to it.
• 1:38:26
  So with the loss of Nicole. They.
• 1:38:29
  Get to claim those damages. It goes to the emotional.
• 1:38:31
  Damages and the loss of society, companionship, everything else
• 1:38:34
  under Michigan civil jury instruction 45 point O2 so.
• 1:38:38
  We're not going. To come out in our opening
• 1:38:41
  statement. Or with.
• 1:38:42
  Evidence and suggest that they had a lawful marriage.
• 1:38:45
  What we plan on saying is that they had a religious vetting
• 1:38:48
  ceremony that everyone attended, but they did not obtain a
• 1:38:52
  license from the county subsequent to the marriage.
• 1:38:55
  They do have a marriage certificate from the the
• 1:38:57
  religious institute where the marriage took place and and and
• 1:39:02
  this court can in fact with some sort of special curative
• 1:39:05
  instruction. Inform the.
• 1:39:06
  Jury of that, but to take away what their relationship?
• 1:39:10
  Meant to them. And what it meant to their
• 1:39:12
  family, I think would be a disrespectful would be
• 1:39:16
  disrespectful not only to the decedent, but the way the.
• 1:39:19
  Family. And and Nicole and Pradeep
• 1:39:23
  looked at each other and behaved in public side.
• 1:39:26
  So for those reasons I think this motion should be denied and
• 1:39:29
  this is something certainly that can be corrected by way of the
• 1:39:32
  special jury instruction that we can all probably craft ahead of
• 1:39:35
  trial. Thank you, Judge all.
• 1:39:37
  Right. Thank you.
• 1:39:40
  Just briefly, your Honor, the religious recognition of a
• 1:39:44
  marriage is different. As we know, there's much fight
• 1:39:47
  over. The.
• 1:39:49
  Right to call someone their spouse and being married under
• 1:39:52
  the law, that's something that's been a long standing legal
• 1:39:57
  doctrine and we are not intending to disrespect their
• 1:40:01
  union, but to mislead the jury with permeation.
• 1:40:06
  Of the idea. Of a marriage.
• 1:40:08
  Would just be improper because it would be confusing and this
• 1:40:11
  leading to them and a curative instruction would only be one
• 1:40:16
  piece but continued. Reference.
• 1:40:18
  Through multiple family member testimony and visuals and
• 1:40:21
  argument and references, essentially the entire trial to
• 1:40:25
  each other, a spouse would just be improper because it's not
• 1:40:29
  legally correct. So Defendant requests that the
• 1:40:31
  motion be granted. Thank you.
• 1:40:34
  So obviously there was a prior ruling, but the purpose for that
• 1:40:39
  prior ruling was different than this.
• 1:40:43
  Exhibit one does show that these parties did enter into a
• 1:40:48
  religious ceremony. I think a lot of people do that.
• 1:40:52
  I had a religious ceremony as well as a civil ceremony, but I
• 1:40:55
  don't think that we should diminish the the the religious
• 1:41:02
  ceremony that the parties had in full accordance with their safe
• 1:41:06
  religious customs and protocols. So I am going to deny the motion
• 1:41:13
  in lemony. And she can be referenced as a
• 1:41:16
  wife at a trial because obviously it's spiritual
• 1:41:18
  marriage. And whether it's legal or not, I
• 1:41:21
  think can be resolved with the curative.
• 1:41:23
  Instruction. I will deny that.
• 1:41:26
  Motion. All right, so moving on I have
• 1:41:36
  there we go. Do you want to do well there was
• 1:41:41
  a dependence motion and lemonade to exclude non economic damages
• 1:41:45
  on behalf of plaintiff's deceded to set trial.
• 1:41:48
  We want to move into that one. OK, so you may proceed.
• 1:41:54
  Thank you. I'd like to clarify that the
• 1:41:56
  motion is not to exclude the entire category of non economic
• 1:42:01
  damages on behalf of the decedent fetus.
• 1:42:04
  Just one. Category under the wrongful
• 1:42:06
  death statute that allows recovery for the.
• 1:42:11
  Pain and suffering while. Conscious undergone by the
• 1:42:14
  decedent We are not arguing that there cannot be a claim for the
• 1:42:18
  loss of consortium for the decedent fetus the loss of
• 1:42:21
  companionship cited that the family would be entitled to
• 1:42:23
  claim and ask for. Whether an unborn fetus was able
• 1:42:28
  to consciously comprehend pain and suffering would be a
• 1:42:30
  question for a medical expert, and there is no expert testimony
• 1:42:35
  here to support that a that the decedent fetus here suffered any
• 1:42:42
  pain and suffering consciously upon birth.
• 1:42:45
  All the experts who will testify a trial have been deposed and
• 1:42:49
  none of them opined that the fetus.
• 1:42:51
  More likely. Than not consciously had pain
• 1:42:54
  and suffering. Plaintiff relies heavily upon
• 1:42:57
  their pathology expert and these findings within the lung of the
• 1:43:02
  of the fetus, arguing that these findings this inflation and
• 1:43:08
  changes is more likely than not either the baby had CPR or the
• 1:43:14
  baby took a breath. The Doctor Wilson testifies that
• 1:43:20
  she was not provided the medical examiner record that states the
• 1:43:23
  attending physician performed CPR on the child upon birth.
• 1:43:28
  The overwhelming record evidence shows that the baby was
• 1:43:31
  stillborn, had no signs of life. Doctor Smolinski is the only
• 1:43:35
  expert, only physician who has said that to a reasonable degree
• 1:43:40
  of medical certainty that the baby did not show any signs of
• 1:43:43
  life. And even if we were to accept
• 1:43:46
  that the baby did take a breath upon delivery, there's no
• 1:43:48
  evidence or expert testimony that the baby was conscious or
• 1:43:52
  otherwise suffered pain or mental anguish at that time.
• 1:43:57
  There's no expert testimony in this case to suggest that the
• 1:44:00
  fetus. Had.
• 1:44:01
  Conscious pain and suffering while within the.
• 1:44:03
  Womb. That would be pure speculation
• 1:44:06
  at this point, and so this argument or suggestion that the
• 1:44:12
  baby took a breath is not relevant and therefore should be
• 1:44:15
  inadmissible at trial, and even if there's a nominal relevance
• 1:44:18
  to the baby's. Outcome.
• 1:44:20
  It has a risk of misleading the jury to make an emotional
• 1:44:23
  decision and to award damages that they shouldn't otherwise
• 1:44:26
  award. Thank you.
• 1:44:27
  Thank you. All right, Mr. Cameron.
• 1:44:31
  Thank you, Honor. A little surprised because the
• 1:44:35
  motion that they filed seemed to it suggested that all damages,
• 1:44:41
  non economic damages should be excluded in fact in paragraph 20
• 1:44:44
  of their motion. Is that because the?
• 1:44:47
  Fetus did not survive all non economic damages under the
• 1:44:51
  wrongful that that should be excluded and that was a
• 1:44:53
  misrepresentation of the law in the state.
• 1:44:56
  That's not what the wrongful debt statute stands for.
• 1:44:59
  That's not what the O'Neill case stands for.
• 1:45:01
  Today. They're talking about conscious
• 1:45:04
  pain and suffering for the decedent.
• 1:45:07
  So let's talk and focus on. On that issue.
• 1:45:10
  Alone. Doctor Alicia Wilson.
• 1:45:13
  She's the head of pathology at University of Michigan and
• 1:45:15
  Washington. County.
• 1:45:17
  She. Reviewed.
• 1:45:18
  This matter at Len she took all the information that Doctor
• 1:45:22
  Bieder Kassen had unfortunately passed.
• 1:45:24
  Away and. Was.
• 1:45:26
  Retained by our office as an expert, but he died in the midst
• 1:45:29
  of this lawsuit. That's why Doctor Wilson had to
• 1:45:33
  be substituted and brought into the case.
• 1:45:37
  Baby girl, open hours, lungs were inflated on autopsy.
• 1:45:41
  And that's a very significant finding.
• 1:45:43
  And here's why. If it's a stillbirth where the
• 1:45:46
  baby dies in the womb because of maternal hemorrhage, lungs are
• 1:45:50
  normally collapsed. But in this case, the baby's
• 1:45:54
  lungs were inflated. That's in the autopsy finding of
• 1:45:58
  Doctor Peter Kassen. That's in the testimony.
• 1:46:01
  Of Doctor Alicia Wilson. And.
• 1:46:04
  Their own expert, Rebecca. I'm gonna butcher the last time
• 1:46:07
  I. Apologize.
• 1:46:08
  Is Doctor Barnian. Here, Paul.
• 1:46:10
  Bergen Thank you, Council and Doctor Bergen and everyone
• 1:46:15
  agrees there's only two ways. That.
• 1:46:16
  The lungs are. Going to be inflated.
• 1:46:18
  First way is either the baby take a breath or two.
• 1:46:22
  That would be reason number one or the baby received CPR and
• 1:46:27
  that's that's the second possibility.
• 1:46:29
  There is. Nothing.
• 1:46:30
  In the medical. Records that suggest and their
• 1:46:33
  own pathology expert concedes. I did not.
• 1:46:37
  See any evidence of any resuscitative efforts.
• 1:46:40
  Now they mentioned Doctor Smolensky.
• 1:46:42
  Dr. Smolensky is Doctor Sherfran's partner at his
• 1:46:46
  clinic. He was deposed after much
• 1:46:49
  objection in this case. He did an emergency C-section at
• 1:46:52
  the hospital. He did not care for the baby.
• 1:46:55
  His testimony was I did the C-section, I handed the baby off
• 1:46:58
  to the nurse. I went back and tried to
• 1:47:01
  resuscitate Nicole. He did not witness what
• 1:47:04
  resuscitative efforts took place.
• 1:47:06
  So he can't come in and say one way or another whether the baby
• 1:47:08
  took a breath, whether there was CPR.
• 1:47:11
  But what we do know from the actual medical evidence is that
• 1:47:14
  the baby's. Lungs.
• 1:47:16
  Were inflated when they should not have been if it was a still
• 1:47:19
  birth, which means the baby more likely than not.
• 1:47:22
  Took a breath. And our pathologist, Dr. Alicia.
• 1:47:25
  Wilson. Testified about that and their
• 1:47:28
  own expert concedes to it and describe the manner of death.
• 1:47:31
  So this is really a question of fact and judge since they're
• 1:47:35
  trying to exclude non economic damages which is what their
• 1:47:38
  motion is titled. This is an MSD.
• 1:47:40
  Not a motion. Element that deadline has
• 1:47:42
  passed. They should have brought this
• 1:47:43
  motion early on when we we've been done with the expert
• 1:47:46
  discovery for months. They never brought this motion.
• 1:47:49
  So for now, now for them to come forward and say, well, we can't
• 1:47:55
  present evidence of conscious pain and suffering and we should
• 1:47:57
  not be allowed to claim damages, Well, there's no proof.
• 1:48:01
  They have not presented this court with any proof, any sworn
• 1:48:04
  testimony from any. Of.
• 1:48:05
  The retained expert and they have many that yeah, it's
• 1:48:09
  because of the CPI that the baby's lungs are inflated, not
• 1:48:11
  because of the baby not taking a breath.
• 1:48:14
  If not given any of that information to this court.
• 1:48:16
  In fact, both Wilson, Doctor Wilson and Doctor Margin,
• 1:48:21
  forgive me for mispronouncing her name, testified we did not
• 1:48:25
  see any evidence of resuscitation in the records.
• 1:48:28
  And so it's possible that the baby took a breath before the
• 1:48:32
  baby died. So for those reasons, I think
• 1:48:34
  this motion should be denied. If there is, if we cannot
• 1:48:40
  sustain our burden at the time of trial, they can move for DV
• 1:48:44
  on this issue. But for us to for them to
• 1:48:47
  preclude us from being able to talk about evidence now, which
• 1:48:50
  all the experts have talked about, I think it would be
• 1:48:53
  inherently unfair to the plaintiff and prejudicial.
• 1:48:57
  So I think for those reasons, this court should deny the
• 1:49:00
  motion. Thank you, judges.
• 1:49:01
  OK. And.
• 1:49:03
  Senders, just briefly, Your Honor, the defendants did not
• 1:49:08
  object to Doctor Smolinski's deposition, but.
• 1:49:10
  He did. Chart in the record that when
• 1:49:13
  the infant was delivered, and this is defended to exhibit.
• 1:49:16
  E to the. Motion there was no pulse, no
• 1:49:19
  respiratory effort, no cry, no caller after I said 00.
• 1:49:23
  So the fact that there are no records to suggest the the
• 1:49:29
  breath occurring or not occurring the babies status is
• 1:49:33
  documented within the records. And the experts stating that
• 1:49:38
  they did not see any records of CPR being administered is
• 1:49:42
  because they were not provided the medical examiner's record
• 1:49:46
  which is exhibit F. They were provided autopsy
• 1:49:49
  reports and photos, but not the narrative that says Doctor Brock
• 1:49:53
  attempted CPR without success and pronounced baby over an hour
• 1:49:57
  at 4-12. And that's page three of seven
• 1:49:59
  on exhibit. F.
• 1:50:01
  And Doctor Brock also stated in his interview with the medical
• 1:50:04
  examiner within an hour of the pronouncement.
• 1:50:08
  That. Doctor Brock stated maybe an
• 1:50:10
  open hour, never took a breath. So, regardless of Doctor
• 1:50:12
  Smolensky's personal observations, the record is
• 1:50:17
  clear that this is not an issue that has any relevance to the
• 1:50:23
  claims that will be presented at file.
• 1:50:27
  The defendants do not need to disprove what plaintiff must
• 1:50:30
  prove with respect to the baby's consciousness and ability to
• 1:50:34
  recover for conscious pain and suffering.
• 1:50:37
  This is not necessarily a question of credibility.
• 1:50:41
  There is no relevance to this line of evidence or argument
• 1:50:47
  because the plaintiff cannot make that claim.
• 1:50:50
  So. We appreciate that the motion
• 1:50:53
  perhaps was not articulately titled to suggest the narrow
• 1:50:58
  scope of it, but we did want to clarify that it's just the one
• 1:51:01
  subset of conscious pain and suffering on behalf of the
• 1:51:04
  disease and fetuses of state is what we're seeking to exclude
• 1:51:07
  evidence of. So thank you.
• 1:51:10
  So I'm going to deny the motion in this case damages and for the
• 1:51:17
  reasons in the plaintiff's response.
• 1:51:20
  But damages or conscious pain and suffering are available
• 1:51:24
  under the law and generally are a matter to be determined by the
• 1:51:27
  jury. Any evidence or arguments
• 1:51:29
  relating to the baby girl over an hour's conscious pain and
• 1:51:33
  suffering are admissible. Such evidence is relevant to the
• 1:51:36
  question of damages pursuant to MRE 4/01 and therefore
• 1:51:41
  admissible under MRE 4/02. To the extent that evidence of
• 1:51:47
  trial supports plaintiff's argument, the jury would be
• 1:51:50
  permitted to return a verdict in plaintiff's favor.
• 1:51:52
  But obviously that is a question for the jury.
• 1:51:57
  So I am going to deny the motion and the money on this one.
• 1:52:01
  OK, thank. You.
• 1:52:02
  So I think that leaves us with defendant's motion to compel
• 1:52:11
  Sailors Accounting and Tax Specialist to comply with
• 1:52:15
  subpoena and for sanctions against Sailors Accounting and
• 1:52:19
  Tax Specialist Inc for failure to comply with subpoena for
• 1:52:23
  records so that that. Motion is made-up.
• 1:52:27
  I it's my understanding we've we've withdrawn that one.
• 1:52:30
  Excellent. Are there any other motions?
• 1:52:33
  OK so so I'm on file. 6. So I don't even have a
• 1:52:40
  scheduling order. Do we do we already do the
• 1:52:43
  settlement conference or is it coming up?
• 1:52:44
  It's today. It is today.
• 1:52:46
  OK. So we have a couple options.
• 1:52:49
  I have a family law matter I have to deal with.
• 1:52:53
  So I can have you guys go have a seat and back and talk and maybe
• 1:53:01
  have a game plan where we can set a trial.
• 1:53:03
  Obviously I'm going to be out of the country for a little bit,
• 1:53:06
  but a trial wouldn't be total anywhere.
• 1:53:09
  But so my bail let you take all your stuff and going back when
• 1:53:12
  you're ready and we can make some coffee for you if you want
• 1:53:15
  that. And.
• 1:53:17
  I'm going to go back and talk to someone to inspector.
• 1:53:21
  Are there orders in these or there were orders for granting,
• 1:53:26
  but we can prepare? Thank you.
• 1:53:29
  All righty, friends, let's stay in Michigan.
• 1:53:33
  Go to Judge Elmore. Now for the 28th Circuit Court
• 1:53:36
  here in Watchford County, and we don't have a very busy day this
• 1:53:41
  morning, but we're going to get begin by taking up the case of
• 1:53:44
  see from the state of Michigan versus Gregory Ray Miller
• 1:53:47
  Junior. File number here is 26-14243 FH
• 1:53:54
  appearances from Council. Good morning, Robert Champion,
• 1:53:59
  bearing on behalf of Mr. Miller, who is seated to my lecturer.
• 1:54:03
  All right. Thank you.
• 1:54:04
  We're here today for an initial pretrial conference.
• 1:54:07
  Council had informed me in chambers that there would be a
• 1:54:12
  resolution today with a plea of no contest and I have received a
• 1:54:19
  written copy for a copy of the written pretrial agreement.
• 1:54:26
  As I understand it, the defendant, who is currently
• 1:54:30
  charged with domestic violence 3rd as a fourth habitual felony
• 1:54:37
  offender, will be pleading no contest to the domestic violence
• 1:54:41
  in exchange for the dismissal of the habitual offender.
• 1:54:46
  I said habitual offender 3rd and that 4th into habitual Thunder
• 1:54:49
  force. That portion will be discussed.
• 1:54:51
  Is that a correct statement, Miss Lawrence?
• 1:54:53
  Yes, Your Honor. Are there any other terms to the
• 1:54:55
  agreement that you are aware of, Mr. Champion?
• 1:54:58
  Do agree I. Do, your Honor.
• 1:54:59
  Thank you. All right, Mr. Miller, Is that
• 1:55:02
  how you wish to resolve today's case, Sir?
• 1:55:05
  Do the best that you can. Please raise your right hand for
• 1:55:07
  me, Sir. Do you swear or affirm that the
• 1:55:09
  information and testimony that you're about to provide shall be
• 1:55:13
  the truth, the whole truth and nothing but the truth?
• 1:55:15
  Yes, sure. Thank you.
• 1:55:16
  Mr. Miller, you may lower your hand, Mr. Miller, back on April
• 1:55:19
  4th, which is only about a month ago, Were you on probation
• 1:55:23
  parole? Well, all right.
• 1:55:27
  And were you on bond pending any felony charges anywhere at that
• 1:55:30
  time? Now, as I mentioned a moment
• 1:55:33
  ago, there is a felony information which is just a
• 1:55:36
  charging document, a couple pieces of paper here in the file
• 1:55:40
  and it charges you with a single count and a sentencing
• 1:55:43
  enhancement. Let me explain that all to you.
• 1:55:46
  Count 1 is charged with domestic violence as a third or
• 1:55:51
  subsequent offender. So typically domestic violence
• 1:55:54
  is a misdemeanor. Punch will buy up to 93 days and
• 1:55:57
  or up to $500. However, if this is 1/3 based
• 1:56:02
  upon what it looks like, you haven't been convicted
• 1:56:04
  previously of two domestic violence convictions in Osceola
• 1:56:08
  County. One on October 4th of 2012 and
• 1:56:12
  the second on July 3rd, 2013. That makes it now a felony
• 1:56:18
  conquered by up to five years and or up to $5000 in fines
• 1:56:24
  cost. Now there is this thing that I
• 1:56:27
  called earlier, 1/4 habitual felony offender enhancement.
• 1:56:31
  That means that with that enhancement at the time of
• 1:56:34
  sentencing, within the discretion of the court, you
• 1:56:38
  that maximum punishment could be increased from up to five years
• 1:56:42
  to up to life. And that would also impact the
• 1:56:45
  sentencing guideline recommendations.
• 1:56:48
  However, I'm told today that you're going to enter a plea of
• 1:56:50
  no contest to that count 1. And if I accept that plea, the
• 1:56:55
  prosecutor agrees to dismiss the 4th habitual felony offender,
• 1:56:59
  which brings that maximum punishment back down to up to
• 1:57:02
  five years and or up to $5000 so far.
• 1:57:06
  Is that what you understood you were doing?
• 1:57:08
  OK, now I talked about you entered a no contest plea.
• 1:57:13
  No contest plea is a lot like a guilty plea.
• 1:57:17
  It still has the same impacts. The difference is instead of
• 1:57:21
  requiring you to recite a factual basis, I'm going to look
• 1:57:24
  at something else such as a police report.
• 1:57:27
  I can take a no contest plea in a couple instances. 1 based upon
• 1:57:32
  what they call the interest justice, which really just means
• 1:57:35
  judge. You got some discretion.
• 1:57:37
  The other is if you have a potential civil liability, you
• 1:57:42
  could be sued for any injury that you caused.
• 1:57:45
  The third could be because of lack of memory.
• 1:57:47
  That may that memory may be because it's so long ago or it
• 1:57:52
  could be because of intoxication, which is what I
• 1:57:55
  understand is the situation here is that do you understand?
• 1:57:58
  Do you have any questions about what a no contest means?
• 1:58:02
  Now I have in front of me as as I mentioned this pre trial
• 1:58:06
  agreement and I'm going to hold it up.
• 1:58:07
  It's pretty simple, but it looks like it has your signature there
• 1:58:11
  on page 2. Is that your signature?
• 1:58:13
  Now, before you place your signature on here, did you talk
• 1:58:16
  to Mr. Champion about the charges, the evidence against
• 1:58:20
  you, your options and the offer? And did he answer all your
• 1:58:25
  questions for you? And was he responsive in
• 1:58:28
  answering those questions? In other words, he wasn't hiding
• 1:58:31
  the ball or whatever. Good.
• 1:58:35
  And are you satisfied with his his representation as of now?
• 1:58:39
  Mark? Great.
• 1:58:40
  Thank you. Now by entering the no contest,
• 1:58:43
  but you're not going to have a trial.
• 1:58:44
  And I've already mentioned that and the parties have given me
• 1:58:47
  this form at the top that says advice of rights and I'm holding
• 1:58:50
  it up for you. And at the bottom it looks like
• 1:58:53
  it has your signature. Is that your signature at the
• 1:58:55
  bottom? Did you read, by the way?
• 1:58:59
  That's that's worse than even my signature.
• 1:59:03
  Sorry, Sir. Did you read through all these
• 1:59:05
  rights before you signed it? All right.
• 1:59:08
  And did you understand all the words and rights that you read?
• 1:59:12
  You understand. Even more importantly, if you
• 1:59:14
  enter a no contest plea, and I accept that plea, you will be
• 1:59:18
  forever waiving these rights on this document as it applies to
• 1:59:22
  this particular case. Thank you.
• 1:59:26
  Next, you also will be giving up the right to claim that this
• 1:59:29
  plea was a result of any promise, threat or inducement
• 1:59:33
  not told to be now on the record.
• 1:59:35
  So other than the terms of the pretrial agreement that we've
• 1:59:38
  talked about, have there been any other promises, threats or
• 1:59:42
  induces to force or compel or encourage you to enter this
• 1:59:46
  plea? Are you therefore action to plea
• 1:59:49
  of your own free choice, Sir? Mr. Chambers has undoubtedly
• 1:59:55
  talked to you about potential sentences and tried to give you
• 1:59:58
  an idea as to what he thinks the court may sentence you to.
• 2:00:02
  He's probably talked to you about the Michigan Sentencing
• 2:00:04
  Guidelines, which established a minimum end of a sentence for a
• 2:00:08
  felony, and he's probably just trying to talk to you a little
• 2:00:12
  bit about what Judge Elmore would do, because he's in front
• 2:00:15
  of me quite often. The key question I have for you
• 2:00:19
  is has anyone promised you exactly what the sentence would
• 2:00:22
  be? Those sentencing guidelines and
• 2:00:25
  I know were mentioned to you because we already talked about
• 2:00:28
  this document, the plea agreement.
• 2:00:31
  And at the bottom that even estimates the sentence guideline
• 2:00:35
  range from the Michigan guidelines at zero to 17.
• 2:00:39
  First of all, I want to highlight for you it says the
• 2:00:42
  word. It's an estimated range.
• 2:00:43
  OK, Next, the Michigan sentencing guidelines are not
• 2:00:48
  mandatory. Now the courts must consider
• 2:00:52
  them, but we need not follow them for certain rules that
• 2:00:55
  apply to. I just want you to understand
• 2:00:58
  that that's an estimation and I don't know what the sentence
• 2:01:01
  will be. You understand, because after a
• 2:01:05
  plea is taken in it better, there's something called a pre
• 2:01:09
  sentence investigation report that will be prepared and that
• 2:01:13
  tells me a lot of other information such as how you've
• 2:01:16
  done on probation or bond in the past and so forth.
• 2:01:20
  So I don't know. I'm I've met you before maybe
• 2:01:25
  and I'm not saying that negatively, right?
• 2:01:28
  It's a small town. It could even out in town.
• 2:01:30
  But anyways, I don't know everything about you.
• 2:01:34
  Do you have any questions? Now before I take this plea, I'm
• 2:01:38
  not telling you what you have to plead.
• 2:01:40
  But when I get to this next stage and I ask how do you
• 2:01:43
  plead? Because people watch way too
• 2:01:45
  much TV and movies. They always say guilty even
• 2:01:49
  though I know or expect it to be a no contest plea.
• 2:01:52
  So as to Count 1, how do you plead?
• 2:01:57
  All right, thank you. Miss Lawrence, I have in front
• 2:02:01
  of you people's exhibit #1 are you asking the court to
• 2:02:04
  entertain that for the plea? Yes, your Honor.
• 2:02:06
  Mr. Champion, any objection? No objection, No.
• 2:02:09
  Thank you. People's exhibit #1 is hereby
• 2:02:12
  admitted. Now, before I talk about this,
• 2:02:15
  Mr. No, I want to make sure you understand something.
• 2:02:18
  I should have said this earlier. Anything that's in here I get to
• 2:02:23
  consider for even sentencing purposes.
• 2:02:26
  I don't want to display the person from ever coming up and
• 2:02:29
  making a fair honest argument later on.
• 2:02:33
  But if you try to later come back and say, well, that's not
• 2:02:38
  really what happened, I. Can't think.
• 2:02:42
  We're stuck with what's in here, OK?
• 2:02:43
  Because first of all, I'm being told that this is being accepted
• 2:02:46
  because of intoxication. Is that what you understand as
• 2:02:50
  well, Sir? All right, I just want to make
• 2:02:53
  sure you understand that when I take a look at this exhibit, all
• 2:02:56
  the information is, I'm not stipulated as like a fact, but I
• 2:03:03
  get to use it. Everything we talk about can be
• 2:03:04
  based upon it. All right, thank you.
• 2:03:06
  So again, People's exhibit #1 is hereby admitting the Court takes
• 2:03:11
  particular notice that the can in comparison with it and the
• 2:03:15
  felony information. The date of on or about April
• 2:03:20
  4th of 2026 and then the jurisdiction of the City of
• 2:03:26
  Cadillac in Westford County here in Michigan are well detailed on
• 2:03:31
  the front page. And also that Mister Miller's
• 2:03:34
  name is referenced in here, more particularly beginning on the
• 2:03:39
  I'm sorry, by the way, this report is 8 pages long,
• 2:03:43
  beginning on Page 3. And that's when there is some
• 2:03:46
  evidence talking about what happened between the defendant
• 2:03:50
  and a significant other and Wendy Reynolds.
• 2:03:56
  In fact, there's even further information specifically
• 2:03:59
  provided by Miss Reynolds that begins on page 4 and continues
• 2:04:05
  on to page 8. Yes.
• 2:04:09
  Lawrence, do you believe that the interest of justice would
• 2:04:12
  not require the court, I'm sorry, the defendant, to reset a
• 2:04:14
  factual basis? Are you aware of any other
• 2:04:17
  promises throughout your inducements?
• 2:04:19
  Do you believe this report provides sufficient facts and
• 2:04:22
  you establish the elements of the offense and the report's
• 2:04:28
  compliance for O 6.302? Except I have to ask him about
• 2:04:33
  the prior convictions in just a moment.
• 2:04:35
  Other than those. Mr. Champion, do you agree with
• 2:04:38
  all of that? I do, your honor.
• 2:04:39
  Thank you. Mr. Miller.
• 2:04:43
  I will have to ask you one question, actually 2, but
• 2:04:46
  they're based on the same purpose.
• 2:04:48
  Is it true that back on October 4th of 2012, down in the 77th
• 2:04:54
  District Court in Osceola County, which of course is in
• 2:04:56
  Reed City, you were convicted of a prior offense of domestic
• 2:05:00
  violence? Is it also true that on or about
• 2:05:04
  July 3rd of 2013, in that same court in that same county, you
• 2:05:10
  were again convicted of another charge of domestic violence?
• 2:05:14
  All right. The Court first finds that the
• 2:05:16
  interest of justice do not require the defendant to decide
• 2:05:18
  a factual basis based upon the level of intoxication which is
• 2:05:22
  reported and people are good at #1.
• 2:05:25
  The Court also finds that exhibit #1 has sufficient
• 2:05:29
  evidence to satisfy the elements for Count 1.
• 2:05:31
  In addition to the statements made by or admissions made by
• 2:05:35
  the defendant as to his prior convictions of domestic balance
• 2:05:39
  which makes this 1/3 or subsequent offense.
• 2:05:42
  The Court also finds the defendant's plea today has been
• 2:05:44
  made freely known only and voluntarily.
• 2:05:47
  Therefore, the Court finds the defendant guilty of Count 1.
• 2:05:51
  The. Habitual Thunder enhancement
• 2:05:53
  will be dismissed at the time of the sentencing.
• 2:05:56
  Mr. Miller. We do sentencing in this court
• 2:05:58
  generally on Monday mornings and I can predict that it will be
• 2:06:03
  yours will be set in about four weeks from this coming Monday.
• 2:06:08
  Between now and then, an agent from the Michigan Department of
• 2:06:10
  Corrections, which is also known as a probation and pro office.
• 2:06:14
  Will prepare a pre. Sentence investigation report
• 2:06:18
  One of these reports is required any time someone is convicted of
• 2:06:21
  a felony in a state court here in Michigan.
• 2:06:24
  That report will include a description of offense,
• 2:06:26
  description of the pretrial agreement, statements that you
• 2:06:30
  make or provide while it's being prepared.
• 2:06:31
  And we'll talk about that in a second.
• 2:06:33
  Maybe statements from the victim, Miss Reynolds in this
• 2:06:36
  case. It will also include a
• 2:06:38
  description again of the offense, but also a description
• 2:06:41
  of any prior criminal history have and information about your
• 2:06:44
  performances on bond, probation or parole in the past that those
• 2:06:49
  are relevant. It will also include a score of
• 2:06:51
  the guidelines which once again I remind you are not mandatory.
• 2:06:55
  It will also include a recommendation as the sentence.
• 2:06:58
  Please keep in mind it is merely a recommendation as the court
• 2:07:03
  alone that will determine the sentence.
• 2:07:06
  Now, between now and then, there are three steps that involve you
• 2:07:09
  for the preparation of this report #1 when you leave here
• 2:07:14
  and Samantha's getting ready to give a packet to the corrections
• 2:07:18
  officer. They're going to give you a
• 2:07:19
  packet. You're going to open it up, fill
• 2:07:21
  out all the information and turn it back in as you entered A no
• 2:07:25
  contest, please. There's a section in there where
• 2:07:27
  it asks you describe what happened clearly because you
• 2:07:31
  were told me about it. It was a no contest plea and
• 2:07:34
  therefore and lack of memory due to intoxication.
• 2:07:37
  It's OK if you don't answer that because I don't expect you to
• 2:07:40
  know what to put in there. You should don't remember.
• 2:07:43
  Hopefully that makes sense. You also will be subject to an
• 2:07:46
  interview with an agent from that office.
• 2:07:48
  You have the right to have this for champion presence during
• 2:07:50
  that interview and 3rd once this.
• 2:07:53
  Report is repaired and. Provided to the court and the
• 2:07:56
  parties, which is generally about 10 days to two weeks.
• 2:07:59
  Before we come back, Mr. Chant, we'll have to meet with you and
• 2:08:03
  go over it. Each side has the right to come
• 2:08:05
  back to this court and request corrections, injections to
• 2:08:09
  content or scoring. Now, because I see that you have
• 2:08:12
  1/4 as a fourth habitual felony offender.
• 2:08:16
  Often the Department of Corrections will use old
• 2:08:19
  versions of pre sentence investigation reports as a
• 2:08:23
  basis. In my experience, not every
• 2:08:27
  court nitpicks those reports like we do or I do you see
• 2:08:32
  something that's an error By God, let me know and let Mr.
• 2:08:36
  Champion know. He'll let me know.
• 2:08:37
  And we need to get that correct. For instance, is off the mirrors
• 2:08:40
  about birth dates, names, family members, if you had any rehab
• 2:08:46
  where you went. And sometimes, although it's
• 2:08:49
  extremely rare, there'll be information in there about
• 2:08:52
  somebody else. It's not you and military, we
• 2:08:56
  call it pass in our trash. I don't like to pass trash, so I
• 2:08:59
  want to make sure it's correct. That leads this courtroom.
• 2:09:03
  All right, thank you. Do you have any questions about
• 2:09:05
  what we have done today? All right, great.
• 2:09:07
  Thank you. Miss Lawrence.
• 2:09:09
  Anything further on behalf of the people, Mr. Champion?
• 2:09:13
  Same. Question.
• 2:09:13
  Nothing further, Your Honor. All right.
• 2:09:15
  Thank you very much. The court Revolts Bond remains
• 2:09:20
  in amended custody based upon the entrance and finding of the
• 2:09:24
  convention. Thank you.
• 2:09:26
  We'll also we should see you all in about four weeks all.
• 2:09:32
  Righty friends, TCF live about 40 more minutes or so to go
• 2:09:37
  today. We will go to Dungeon Court to
• 2:09:39
  end our day, but before we do, let's go to Lake County, Ohio.
• 2:09:43
  Judge Colada just took the bench.
• 2:09:45
  Let's see what's going on there. Case number 25 CR 1679.
• 2:09:51
  The defendant is present in the courtroom with his attorney, Mr.
• 2:09:54
  Walt Edwards, or before the court for purposes of
• 2:09:58
  sentencing. The defendant having pleaded
• 2:10:00
  guilty and then found guilty of Count 2, it's a felony of the
• 2:10:03
  second degree, robbery with A1 year firearm specification.
• 2:10:07
  Also Count 6, felony of the third degree, having weapons
• 2:10:10
  while under a disability. Parties are ready to go forward.
• 2:10:13
  Your Honor. Thank you.
• 2:10:26
  All right, Mr. Edwards, any, any reason not to go forward with
• 2:10:29
  sentencing? No, Your Honor, anything you
• 2:10:31
  want to say on behalf of your client?
• 2:10:33
  Briefly, Judge, I have been in receipt of the pre sentence
• 2:10:36
  report. I believe it's be fair, accurate
• 2:10:38
  and complete. No additions, deletions or
• 2:10:40
  corrections. I've also received the
• 2:10:44
  psychological evaluation by Lisa Friend, and I would stipulate to
• 2:10:48
  the findings contained therein. Judge, I would thank the State
• 2:10:52
  of Ohio for negotiating in good faith towards what we believe is
• 2:10:57
  a fair and equitable resolution to this case.
• 2:11:00
  You know, this is an unfortunate event by someone who, you know,
• 2:11:05
  notwithstanding a conviction of Cuyahoga County from last year,
• 2:11:09
  did not have a significant history of violence as a child.
• 2:11:13
  He had just a few juvenile adjudications, none of this.
• 2:11:18
  Sort. The prior conviction out of
• 2:11:22
  Cuyahoga with his father, he discussed not the record, the
• 2:11:25
  circumstances surrounding that. And it is, I would say, not a
• 2:11:30
  typical situation here. I I would respectfully submit to
• 2:11:36
  the court as well that this is not a typical robbery.
• 2:11:41
  When you think of a robbery, you think of a sort of predacious
• 2:11:45
  motive or profit motive driven act.
• 2:11:49
  This is something that evolved very quickly.
• 2:11:51
  As I understand it. My client had just gotten off of
• 2:11:54
  work at Candido. He had met up with two other
• 2:11:58
  individuals, one of whom made arrangements to meet with the
• 2:12:01
  victim to secure some marijuana. The victim then ended up
• 2:12:06
  entering the vehicle that all three were in.
• 2:12:10
  The victim had a gun and there is some dispute as to, you know,
• 2:12:15
  what happened between the victim having this gun to Mr. Gardner
• 2:12:19
  leaving with his gun. But what I would say is we've
• 2:12:22
  stipulated to a factual basis to say that there is a robbery.
• 2:12:26
  He forcefully took the gun away. From the victim.
• 2:12:30
  I would ask the court, consider that, I'll call it a sort of
• 2:12:34
  labored acceptance of responsibility.
• 2:12:36
  He didn't immediately acknowledge what he did here,
• 2:12:39
  but he did ultimately acknowledge to the police what
• 2:12:42
  he did, which fits the statutory definition of robbery.
• 2:12:48
  But I don't think when he woke up that morning, certainly when
• 2:12:51
  he got in that car, he never intended to steal anything from
• 2:12:55
  someone by way of force. That said, he's been a, a
• 2:12:59
  pleasure to represent. We have never had a bad moment.
• 2:13:02
  He is very polite, very respectful.
• 2:13:05
  The only thing I would say and I, I know I, I stipulated to the
• 2:13:09
  friend report, but he had an IEP in school.
• 2:13:13
  The reason why he was referred is because I believe just in my
• 2:13:17
  encounters with him, that there are some cognition issues.
• 2:13:22
  I'm not suggesting that that is at all an excuse for what
• 2:13:26
  occurred here. But I would say, you know,
• 2:13:29
  looking through a broader lens, contextually, that I think he
• 2:13:34
  has some cognitive issues. And how does that impact him?
• 2:13:37
  Well, it impacts his ability to navigate through stressful
• 2:13:40
  situations in a rational way that most people would.
• 2:13:44
  Marijuana attributes that as well.
• 2:13:45
  I don't disagree with you, Judge.
• 2:13:47
  I think, you know, he has maybe these deficits and then that is
• 2:13:51
  only compounded by the fact that he is further numbing his brain
• 2:13:55
  through the use of illicit substances.
• 2:13:57
  So the marijuana just makes it 10 times worse.
• 2:14:00
  But again, I would submit to the court that based on my
• 2:14:04
  interactions with him, he is someone worthy of the discretion
• 2:14:07
  of this court. He is only 19 years old.
• 2:14:10
  I would ask the court consider, you know, sort of system of
• 2:14:13
  graduated sanctions, give him an opportunity to have a meaningful
• 2:14:19
  young adulthood instead of, you know, a number at the higher.
• 2:14:22
  And I'm asking that the court consider 3 or 4 year term.
• 2:14:27
  And here's another the reason why that might be appropriate
• 2:14:30
  under the circumstances. He does not have, because of the
• 2:14:34
  structure of the plea in his prior conviction, an opportunity
• 2:14:37
  to petition the court for relief under the judicial release
• 2:14:42
  statute. He cannot earn good time.
• 2:14:45
  He cannot kite a social worker for transitional control.
• 2:14:48
  So whatever the court imposes is the term that he will do
• 2:14:54
  notwithstanding, you know, the potential for doing additional
• 2:14:57
  administers the way it's supposed to be.
• 2:14:59
  I'm sorry, isn't that the way it should be or supposed to be?
• 2:15:01
  Well. I don't know here.
• 2:15:02
  I mean, I know I whatever I understand here.
• 2:15:05
  I understand what you're saying. Yeah, the the only thing as an
• 2:15:08
  aside, I mean, if that's the case, then I should start keep
• 2:15:10
  taking into consideration when I sentence somebody that can get
• 2:15:14
  this breaks to giving them more time so they do the amount of
• 2:15:16
  time I really want them to do. No, I'm and I I get it.
• 2:15:19
  I hear you. But my my biggest thing with all
• 2:15:22
  of that is like taking away good time from people because it's a
• 2:15:25
  it creates A disincentive to not engage in bad.
• 2:15:30
  Acts while you're there. And engage in actively in
• 2:15:32
  programming. So that said, again, I would
• 2:15:36
  thank the State of Ohio, I would thank the court for its
• 2:15:38
  patience, and I would respectfully submit that the
• 2:15:41
  sentence near and around the bottom of the range is
• 2:15:45
  sufficient to protect the public and punish the offender
• 2:15:49
  inconsistent with the purposes and principles following
• 2:15:51
  sentences. Thank you, Josh.
• 2:15:54
  Thank you, SHE Gardner. You have the right to address
• 2:15:56
  this court before your sentence. You can say anything you want.
• 2:15:59
  Is there anything you'd like to say at this time?
• 2:16:02
  Yes, Sir, I highly regret what I did.
• 2:16:09
  I don't really think the act that I did was fair or right to
• 2:16:15
  do. In my eyes.
• 2:16:16
  I thought I was defending myself, but I didn't think of
• 2:16:20
  the eyes of the law. So I deeply regret doing what I
• 2:16:25
  did to my victim. I'm sorry to my victim.
• 2:16:28
  I hope our victim knows that I didn't mean to do it.
• 2:16:34
  It was just a tension in the air that I felt and I deeply
• 2:16:39
  apologize for that. I'm really not a person that
• 2:16:42
  goes look out for trouble. I'm looking for trouble.
• 2:16:45
  I really stay back to myself, work and I got love for my
• 2:16:51
  nieces and nephews. I like to be around my little
• 2:16:55
  ones the most I can. So I just hope and pray that
• 2:17:00
  today, like give me a reasonable time to do so.
• 2:17:06
  I have to spend a lot of time away from my family.
• 2:17:10
  I'm not saying this a bad situation because I can turn
• 2:17:14
  this situation to a good situation when I go down the
• 2:17:16
  road and make something out of my life and take programs.
• 2:17:20
  Even if it's not for good days, it's still better my health and
• 2:17:25
  I can just see that and mature up in life, come out as a
• 2:17:29
  responsible men and do need and fulfill the needs of my family
• 2:17:36
  when I come out. That's all I take out of this.
• 2:17:39
  Thank you, Judge. Thank you, Superior.
• 2:17:44
  On behalf of the State of Ohio, thank you, Your Honor.
• 2:17:47
  As Mr. Edwards stated, this is mandatory prison by operation on
• 2:17:51
  the underlying offense by operation of the defendants
• 2:17:54
  prior F2 conviction. I was just.
• 2:17:58
  Thinking about what the defendant said and Mr. Edwards
• 2:18:01
  and I was just looking at the pre sentence report, it shows
• 2:18:04
  that through the juvenile division of this court in
• 2:18:09
  September 2023, the defendant was ordered to complete the
• 2:18:14
  court's intensive community rehabilitation program.
• 2:18:16
  I don't know what that is, what what what kind of treatment
• 2:18:21
  programming that that entails, but it looks like there was some
• 2:18:26
  sort of a program here that was offered to the defendant in the
• 2:18:30
  relatively recent past. It was a couple years ago.
• 2:18:34
  He was before Judge Shaughnessy downtown in September of 2025,
• 2:18:40
  September 29th actually, which is about two months prior to the
• 2:18:43
  defendant committing this offense.
• 2:18:45
  And inasmuch as the defendant was employed at that time, he's
• 2:18:49
  working at Condado Taco and Mentor.
• 2:18:51
  He also was getting off work and smoking marijuana, which was a
• 2:18:53
  violation of his probation. At the time.
• 2:18:56
  And and that was right after he was in a courtroom with the
• 2:18:59
  judge telling him not to do that.
• 2:19:01
  We also have, your honor, a detailed in the pre sentence
• 2:19:07
  report a number of sanctions and and behaviors of the defendant
• 2:19:12
  breaking the rules within the jail, which is the most
• 2:19:16
  structured environment we have in our society, where where we
• 2:19:20
  as much control as we can exert on someone to follow the rules
• 2:19:24
  is in a jail. And, and within those
• 2:19:26
  parameters, the defendant cannot conduct himself within the rules
• 2:19:31
  before him. And some of those were even
• 2:19:33
  violent encounters in the jail. And, and, and maybe that trouble
• 2:19:36
  came to him like he's saying, I need to deal with it.
• 2:19:39
  But but there's a lot of inmates over a lot of years that the the
• 2:19:42
  trouble doesn't come to them. So I don't know if it's a
• 2:19:46
  coincidence, Judge, And, and certainly not a coincidence.
• 2:19:48
  The defendant took this gun and disseminated down the street.
• 2:19:52
  Now that's what he told the detectives.
• 2:19:54
  And it makes. Sense because the gun was never
• 2:19:56
  recovered anywhere at all, let alone right next to the car.
• 2:20:00
  The. Defendant says in his pre
• 2:20:01
  sentence report, what I actually did is I got out of the car and
• 2:20:04
  I placed it on the ground and ran away.
• 2:20:05
  It's doesn't defy common sense. It's not consistent with his
• 2:20:10
  thinking that this victim was going to use that gun against
• 2:20:13
  him. So I'm not sure what to think at
• 2:20:14
  this point in terms of of what happened from his perspective.
• 2:20:18
  I can tell you the victim told me and what the victim told the
• 2:20:22
  police is that this that that that was not the case.
• 2:20:24
  Now, the victim does say that he did have that gun out in the
• 2:20:27
  back seat. And that the.
• 2:20:28
  Defendant did tell him, hey, put that away.
• 2:20:30
  I'm not saying that's not true. The victim acknowledges like
• 2:20:33
  that, Mister Edwards said they were, you know, a good number of
• 2:20:36
  consistencies here. And that's true up until we get
• 2:20:39
  to the point where the there's aspiration of the gun, then
• 2:20:42
  there's differences either way, Judge, we have a gun with A50
• 2:20:45
  round mag, OK, Drum mag that was disseminated on the street for
• 2:20:49
  no good reason because of what the defendant did.
• 2:20:52
  So this is not from the state's perspective, a situation where
• 2:20:57
  the minimum. Would.
• 2:20:59
  Would would. Satisfy the purposes and
• 2:21:01
  principles of sentencing based on the defendant's conduct, the
• 2:21:07
  fact that there was injury here as well.
• 2:21:09
  And I mean, we have a short, but we have a, we have a short
• 2:21:14
  history, but it's. Chock.
• 2:21:15
  Full of of violations in a short period of time.
• 2:21:18
  I would ask the court to consider that in fashion, a
• 2:21:21
  prison sentence that's commensurate with all of that.
• 2:21:24
  The state believes it's more of a mid range situation.
• 2:21:27
  The defendant does have credit for 150.
• 2:21:29
  That's 150 days. I have no requests or figures
• 2:21:35
  about restitution to present to the court.
• 2:21:37
  Thank you Square review the pre sentence report and
• 2:21:42
  investigation, psychological evaluation.
• 2:21:44
  I've considered the facts and circumstances of the offenses
• 2:21:50
  involved here. The nature of these offenses.
• 2:21:53
  I've considered what's been said here today by the defendants,
• 2:21:56
  it's counsel, the prosecutor, the recommendations from
• 2:22:00
  everybody. All this is considered none of
• 2:22:02
  the purposes and principles of felony sentencing set forth in
• 2:22:06
  2929. Eleven of the revised code for
• 2:22:12
  the factors in 292912 court finds the victim here suffered
• 2:22:16
  serious physical harm as a result of the conduct involved.
• 2:22:21
  And for the recidivism factors, the Court finds many of these
• 2:22:24
  are present. Then it was on probation or
• 2:22:26
  community control sanctions. The Cuyahoga County at the time
• 2:22:30
  he committed this offense and the offense that he was put on
• 2:22:33
  community control sanctions was for an offense of violence
• 2:22:36
  involving A firearm put on community control on September
• 2:22:39
  29th of 2025. And then what, two months later,
• 2:22:44
  he committed this offense. He has a history of juvenile
• 2:22:48
  delinquency adjudications and criminal convictions as an
• 2:22:52
  adult. He's only, he's only 19, but
• 2:22:54
  he's got the prior, as I mentioned, phonies, assault with
• 2:22:57
  a gun. He's not, he's not comply with
• 2:22:59
  previously imposed sanctions ordered by a court.
• 2:23:01
  You're on probation and you're smoking weed.
• 2:23:04
  You're possessing firearms 2 months after being put on
• 2:23:07
  probation. Doesn't sound like somebody that
• 2:23:10
  wants to do what you just said you wanted to do while in our
• 2:23:15
  jail. You consistently have been
• 2:23:17
  getting in trouble and a lot of that trouble involves violence
• 2:23:21
  fighting, and I find it hard to believe that you're always the
• 2:23:24
  the victim in all of these always in the position defending
• 2:23:27
  yourself. You don't have this many
• 2:23:30
  incidents of incidents involving violence when that person is
• 2:23:37
  always the the victim is never the one instigating anything in
• 2:23:42
  regards to the seriousness factors.
• 2:23:43
  I'm also going to note that you put a firearm with A50 round
• 2:23:47
  drum into the community. Your your, your statement that
• 2:23:52
  you left it on the side sidewalk doesn't make sense and you've
• 2:23:57
  changed that story. It's not what you said initially
• 2:23:59
  to the police. You told him you got rid of it,
• 2:24:01
  you sold it and now you say you left it there, which is
• 2:24:03
  completely inconsistent with your version of what happened.
• 2:24:06
  You wouldn't take it because you felt your life threatening and
• 2:24:08
  then just leave it there and walk away When the victim, when
• 2:24:12
  the when the victim can just go get and shoot it.
• 2:24:13
  That's what you were really worried about.
• 2:24:16
  You put a gun 50 drum again magazine into the community.
• 2:24:20
  I don't know if drug abuse, trauma related to the offense.
• 2:24:24
  There's certainly a drug abuse problem here.
• 2:24:26
  You you for the last 2 1/2 years smoke an ounce of weed a day. 25
• 2:24:33
  blunts a day. There's only 24 hours in a day.
• 2:24:36
  Assume you sleep a few hours so your ear is high all day long.
• 2:24:40
  25 blunts a day. So you're you're smoking like a
• 2:24:42
  couple blunts every hour. How much is an ounce of
• 2:24:44
  marijuana? Hi, 28 grams.
• 2:24:48
  Yeah, 28 grams couple 100 bucks. 90.
• 2:24:51
  Your work history shows that you worked for one month.
• 2:24:53
  So where do you get the money to buy $90.00?
• 2:24:56
  And I think that's low, quite frankly, but I'll go with your
• 2:24:58
  figure, $9090.00 a day. So you're spending 630 bucks a
• 2:25:04
  week. What's that?
• 2:25:06
  2500 bucks a month? You're spending three $30,000 a
• 2:25:10
  year. Smoke marijuana every day.
• 2:25:11
  Where? Where do you get that money?
• 2:25:14
  I helped my friend dad paint houses.
• 2:25:17
  You didn't tell you didn't tell probation about that when they
• 2:25:20
  asked you about your employment history?
• 2:25:22
  Because I wasn't employed, huh. I wasn't employed.
• 2:25:25
  I was under the like, I was never hired.
• 2:25:29
  It was you're working and getting paid.
• 2:25:31
  You're claiming that's being employed if if that if you
• 2:25:34
  really did that. So you had $30,000 just to throw
• 2:25:38
  away every year on on on marijuana you.
• 2:25:41
  Know sometimes I got it for free.
• 2:25:45
  There's no factors in the camera sidivism is less likely under
• 2:25:49
  292913-B. Well, that's not that's
• 2:25:52
  irrelevant here. There's a mandatory prison term.
• 2:25:54
  The court finds there's a mandatory prison term.
• 2:25:56
  Prisons consistent with the purposes and principle of
• 2:25:58
  sentencing and the dependent is not amenable to available
• 2:26:03
  community control sanctions. Therefore, it'll be the
• 2:26:05
  sentences Court and Count 2 Defendants serve a mandatory
• 2:26:08
  indefinite prison term of a minimum of four years, maximum
• 2:26:11
  of six years. Count 60 serve a prison term of
• 2:26:14
  18 months that'll run concurrent Count 2.
• 2:26:18
  Both of those terms, however, shall be preceded by one year
• 2:26:21
  mandatory prison term for the firearm specification, which
• 2:26:24
  again shall be served prior to and consecutive to the prison
• 2:26:27
  terms imposed. And counts 2 and 6 for an
• 2:26:30
  overall mandatory prison term of a minimum of five years, maximum
• 2:26:35
  of seven years. There's 150 days of credit which
• 2:26:37
  dependent will be granted need to advise you upon your release
• 2:26:41
  from prison. You will be placed on post
• 2:26:43
  release control for at least 18 months up to possibly three
• 2:26:45
  years. If violating the conditions of
• 2:26:48
  your post release control. The Parole Authority can return
• 2:26:50
  you to prison as punishment for violating the rules for another
• 2:26:54
  nine months for each separate violation to commit up to an
• 2:26:56
  overall maximum of 50% or half of the prison term I just
• 2:26:59
  imposed. Any additional prison term
• 2:27:02
  imposed for violating post release control is being imposed
• 2:27:05
  a part of the sentence at this time where the panel cost
• 2:27:10
  incurred in this action balance of the indictment will be
• 2:27:13
  dismissed as agreed to as well as any other specifications or
• 2:27:17
  further hereby advises you that there is a rebuttable
• 2:27:22
  presumption, presumption that you will be released after
• 2:27:25
  you've served the minimum sentence, which is five years.
• 2:27:31
  Now, that's not guaranteed, but there is a presumption that that
• 2:27:34
  will happen. However, that presumption could
• 2:27:36
  be rebutted means overcome by the prison officials if it's
• 2:27:41
  found during hearing that you'd be entitled to have if they
• 2:27:45
  don't want to let you out after the minimum, that while you were
• 2:27:48
  in prison you violated institutional rules, you
• 2:27:50
  committed infractions of the rules, you misbehaved, you are
• 2:27:54
  not sufficiently rehabilitated. You are a threat to the
• 2:27:56
  community or society if that's determined to be the case at a
• 2:28:00
  hearing, and the prison officials don't have to release
• 2:28:03
  you. At the minimum they can keep you
• 2:28:05
  in longer. They would then pick a new date
• 2:28:07
  for you to be released and there'd be a presumption that
• 2:28:09
  you'd be released on that new date.
• 2:28:11
  Unless again, they determine that a hearing that continue to
• 2:28:16
  commit rule violations, you're a threat.
• 2:28:18
  Rehabilitated. Under no circumstances, however,
• 2:28:21
  can you be kept in beyond the maximum sentence.
• 2:28:25
  So even if you misbehaved the whole time you were there, you
• 2:28:27
  still have to be released after you've served the maximum
• 2:28:30
  sentence, which in this case would be 7 years.
• 2:28:32
  I think that covers everything. Mr. Dapiro, is there anything
• 2:28:37
  else we need to address with that I have omitted?
• 2:28:40
  No, you're not, Mr. Edwards. Good.
• 2:28:42
  Thanks, Court. All right.
• 2:28:43
  Thank you. All righty friends, it's that
• 2:28:46
  time, That time when we experience Appalachian justice,
• 2:28:52
  which of course is best held in a cold, dank basement with blood
• 2:28:57
  red carpet, the screams of the dead heard in the background,
• 2:29:02
  lighting from the Soviet Cold War era, the printer that never
• 2:29:06
  stops running, a judge who famously once had dinner with
• 2:29:10
  Methuselah himself. He's so damn old.
• 2:29:12
  It's a scary, scary, scary place.
• 2:29:15
  And by the way, for those of you who aren't aware, back in the
• 2:29:19
  day, we actually created a brochure for this place and I
• 2:29:22
  just dropped a link for it in the chat so you can grab a
• 2:29:26
  virtual copy of it for yourself. So do check that out.
• 2:29:30
  Ladies and gentlemen, our Friday guilty pleasure.
• 2:29:33
  I give you Dungeon Court with their divorce and then a
• 2:29:36
  bankruptcy and then getting back on my feet.
• 2:29:40
  You have no income carrying you in right now.
• 2:29:42
  No, just a little odd jobs here and there, but I'll point Mr.
• 2:29:49
  Stratton to represent you. We'll.
• 2:29:51
  Get him in the courtroom. We'll have to fill out a.
• 2:29:56
  Financial happen with David's swimming team.
• 2:29:59
  Mr. Stratton, this is. Harold Irwin, it's.
• 2:30:02
  A first degree. Misdemeanor driving on
• 2:30:05
  suspension. Oh, OK, you know, denied.
• 2:30:08
  Guilty plea. What I propose would be go out
• 2:30:12
  maybe a month or so to get a chance to try to clear things
• 2:30:16
  up. Let me see if I can see what the
• 2:30:19
  DMV saying the problem. Is.
• 2:30:28
  Well, there's an administrative license suspension from
• 2:30:31
  Chillicothe Municipal Court that runs through January of 2027 and
• 2:30:41
  prior out of Chillicothe Municipal Court, do you say
• 2:30:51
  January of 27th? Yes.
• 2:30:53
  OK. Mr. Erwin can sign a $1000 OR
• 2:31:00
  Quan and he will need to go. To the jail.
• 2:31:01
  To get fingerprint. So what's your schedule in June?
• 2:31:10
  I have a. Few dates on available the 8th.
• 2:31:13
  22nd and 29th are not good. Let's.
• 2:31:17
  Do the 5th. Right.
• 2:31:28
  Thank you. Stable high versus Austin number
• 2:31:40
  26594. Also driving after suspension
• 2:31:53
  and you're Austin Blake. Compton.
• 2:31:56
  Yes. Mr. Compton, the State's.
• 2:31:59
  Alleging that on. April 13th of this.
• 2:32:02
  Year. At 9:37 PM and at South Point
• 2:32:08
  that you were driving a vehicle or you remember a suspension.
• 2:32:11
  It's a first degree misdemeanor, maximum penalty, six months in
• 2:32:14
  jail, $1000. Do you understand this charge?
• 2:32:18
  Yes, I understand your rights. Yes.
• 2:32:20
  How do you plead? I'm not guilty You.
• 2:32:26
  Wish to have a court appointed lawyer?
• 2:32:32
  I don't I don't know if I'd need one.
• 2:32:37
  I was. I wasn't suspended.
• 2:32:41
  I didn't thank but apparently from my last.
• 2:32:46
  Court. Date that I had, I didn't show
• 2:32:49
  up and they gave me a bench warrant.
• 2:32:52
  I had no clue that that was an automatic suspension of your
• 2:32:56
  license. So I guess say in Kentucky,
• 2:33:01
  yeah, that was in Kentucky. And I, I ended up paying a
• 2:33:04
  warrant for that. So I thought it was squared away
• 2:33:06
  at that point, but it wasn't. And yeah.
• 2:33:10
  I can give you some time to throw it here and get it
• 2:33:12
  straightened out. Well, I was actually lucky
• 2:33:16
  enough it was going to be a week later that I was unsuspended.
• 2:33:21
  I got a copy of my new license here.
• 2:33:24
  OK, it was May 30 or yeah, May 31st or April.
• 2:33:38
  It was. An issue issue yesterday.
• 2:33:41
  Yeah, OK, I'll show. That to Mr. Hill and see if he's
• 2:33:46
  satisfied he's not driving or suspension looks like you're
• 2:33:50
  driving. Well.
• 2:33:52
  License issued yesterday. Sorry to cut you off there.
• 2:33:55
  The reason that I actually had no clue that it was suspended
• 2:33:58
  too, is the license on the back there.
• 2:34:02
  It'll show that I had 10/16 Raceland Ave. on there, my new
• 2:34:07
  address, 1120 James Court in Nashville, Kentucky.
• 2:34:10
  And that's the only reason that I was actually behind the wheel.
• 2:34:13
  I, I wouldn't have risked it. I got a son and I I wouldn't
• 2:34:17
  have risked jail time. OK, so this looks like a
• 2:34:32
  temporary license. Until they send him.
• 2:34:34
  The new one, that's right, that's satisfactory with us.
• 2:34:38
  All right, we'll just miss. This area pretty good.
• 2:34:40
  Thank you Sir. You guys have a good day.
• 2:34:42
  Too Label pilot Jared Pratt, case number TRD 26611.
• 2:35:00
  Answer your Jared Scott Pratt Yes, Sir, same thing.
• 2:35:04
  Yes Sir Scott, Mayor suspension here, states alleging April 15th
• 2:35:10
  Twenty 26th at 5:53 PM Chesapeake.
• 2:35:16
  You. Were driving with a suspended
• 2:35:18
  license. That's the first degree, Mr.
• 2:35:19
  Mayor. You understand the charge?
• 2:35:25
  Yes, Sir, You understand? You're right.
• 2:35:28
  Yes, Sir. How?
• 2:35:29
  Do you? Put it however.
• 2:35:32
  He just pled. I'd like to talk to you about it
• 2:35:34
  as well. You got some proof that you
• 2:35:36
  reinstated? Yes, Sir.
• 2:35:38
  And I've got to this guy over here.
• 2:35:39
  That's the process. He also said I'd need to show
• 2:35:45
  you my copy of my license. They file the charges.
• 2:35:50
  I don't do anything to file charges.
• 2:35:52
  Yes Sir, the print out and I got it.
• 2:36:01
  I got it squared away and active the very next morning.
• 2:36:07
  And your Honor, this is a letter from the Lawrence County
• 2:36:09
  Department of Chat Job and Family Services saying that his
• 2:36:13
  license was successfully reinstated on April 16th.
• 2:36:16
  Yeah, that's what. The I've got ADMD print out the
• 2:36:19
  file saying the same things. I don't know why you got.
• 2:36:21
  Well that was the day after. OK, so you satisfied?
• 2:36:26
  Yes, Sir, we'll dismiss. It.
• 2:36:29
  Thank you so much. State of Ohio versus Kimberly
• 2:36:36
  Spangler X number CR26. 224. All.
• 2:36:57
  Right, Miss Spangler. It's.
• 2:37:00
  Alleged that Rome Township on March 31st.
• 2:37:05
  So this year you purposely tried to deprive Sean Patrick their
• 2:37:09
  property without his consent. That's a first degree
• 2:37:13
  misdemeanor. Theft defense, maximum penalty,
• 2:37:15
  Six months of jail, $1000 fine. You understand the charge.
• 2:37:20
  Yes. You understand your rights.
• 2:37:22
  Yes. How do you plead?
• 2:37:25
  Not guilty. OK.
• 2:37:27
  Do you want a lawyer appointed to represent you?
• 2:37:31
  Yes, do. You have a job.
• 2:37:34
  No, I get. You're in treatment, right?
• 2:37:36
  Yep. I'll appoint Mr. Morpher to
• 2:37:40
  represent you. He's sitting right.
• 2:37:43
  Behind you. Not guilty plea I've got.
• 2:37:52
  Your. I've got a report from SO go.
• 2:38:04
  OK, so it looks like you've got things going in the right
• 2:38:08
  direction now. Just started.
• 2:38:09
  With that there, right? So she can sign a signature bond
• 2:38:14
  of $1000. You don't get her to the jail,
• 2:38:26
  especially the fingerprints. Yeah, I can take her down.
• 2:38:30
  OK. Especially required.
• 2:38:33
  Do you fingerprint at the Sheriff's Office?
• 2:38:36
  Yeah, that hasn't happened yet, I don't think.
• 2:38:43
  I'm thinking. Since she's in.
• 2:38:45
  Treatment for or for. Her own.
• 2:38:48
  Diet until. Are you OK with that?
• 2:38:56
  OK, so let's say. For.
• 2:38:58
  June 5th for a pretrial at 10:00,
• 2:39:15
  State of Ohio versus Anthony Giamarco.
• 2:39:18
  That's number CRB 20. 4724. Give me a call.
• 2:39:37
  Thank you. Anthony Giammarco.
• 2:40:21
  Yes, you're on you. Were supposed to be here on the
• 2:40:27
  20th Monday. Yes, you're on my ride didn't
• 2:40:32
  show. I'm terribly sorry.
• 2:40:35
  Your Honor, if I may, this is the one that you had me to check
• 2:40:37
  on, said he only had one day committee service.
• 2:40:40
  He did then yesterday and do that day.
• 2:40:42
  OK, you're finished then. Your case.
• 2:40:45
  OK. All right.
• 2:40:46
  Thank you, Captain. You're welcome.
• 2:40:52
  State of Ohio versus. Brandon Hilton, This number
• 2:40:55
  shared in 231813213585. Mr. Morford.
• 2:41:08
  I'm going to send. You and Mr. Heel, hopefully this
• 2:41:11
  works. Send you a transcript of
• 2:41:15
  telephone call I got since I've been on the bench from a Shane
• 2:41:19
  Johnson, who's the representative at.
• 2:41:21
  Hickory. Recovery in Cambridge on that
• 2:41:23
  Bradley Williams that we have set for a pretrial today.
• 2:41:29
  She. Says they're waiting on a pink
• 2:41:31
  slip from. The jail.
• 2:41:32
  And I think. They'll.
• 2:41:33
  Transport. But.
• 2:41:38
  I'll. Send it and I'll see if you can
• 2:41:39
  contact. If you want to call.
• 2:41:40
  Her back. So I'm going to be obviously I
• 2:41:43
  can't call her back right now. I'm going to be tied up.
• 2:41:45
  For a while. OK.
• 2:42:16
  We didn't help. Them this was set a week ago for
• 2:42:22
  review and so as you weren't here now.
• 2:42:25
  Yes Sir, I was in the process of moving.
• 2:42:27
  I just started a new job last week so I had a lot going on.
• 2:42:29
  I normally set a reminder on my. Phone, but I guess I.
• 2:42:32
  Didn't do it for this one. OK.
• 2:42:34
  You have done some can you service since your last hearing.
• 2:42:37
  Yes, and then? I paid $30 today as well.
• 2:42:41
  OK, I see that. Tomorrow you get 2 days credit.
• 2:42:46
  I'll work tomorrow. OK.
• 2:42:49
  Next hearing is going to. Be.
• 2:42:51
  Could I do, could I do the first or the 12th because I'm August
• 2:42:54
  be the first. Thank you, June. 1st 9:00 will
• 2:42:57
  be the next time. Thank you.
• 2:43:02
  Cancel. The.
• 2:43:09
  Room edible hobby calls Nicholas.
• 2:43:10
  Hughes PRC 26521-A and D PRC 252450 Seven.
• 2:43:23
  OK. You're closing for alcohol and I
• 2:43:26
  saw you work around alcohol or something.
• 2:43:29
  Yes, yes, some of the Sullivans we use at.
• 2:43:32
  At work too. Are you buying that?
• 2:43:37
  Yeah, we actually, yeah, we actually send his.
• 2:43:39
  Labs off, yes. OK.
• 2:43:41
  All right. Let's get some.
• 2:43:43
  Of your other stuff done, you have a lot of community service
• 2:43:46
  still up. Yes, I've been.
• 2:43:48
  Yes, I'll set your next. Hearings So Mondays or Fridays,
• 2:43:55
  what you. Prefer.
• 2:43:58
  Mondays. June the 8th.
• 2:44:02
  June. 8th will be your next hearing, 9:00.
• 2:44:04
  OK, thanks. Thank you, Sir.
• 2:44:08
  You're. Welcome.
• 2:44:16
  State of Ohio. Versus on a recall of Veronica
• 2:44:19
  Howard, space number CRD 232375 CRB. 21.
• 2:44:26
  So, on review, Howard is here now.
• 2:44:29
  She was. Here earlier when.
• 2:44:31
  Called. I apologize.
• 2:44:36
  Do you have a payment on your funds?
• 2:44:38
  I can put 20 on it. Before I leave.
• 2:44:41
  Today, community service, you still have community service.
• 2:44:45
  Tomorrow. You can get 2 days.
• 2:44:47
  Credit I'm showing you have 5 days left.
• 2:44:50
  Yeah. Five days, is that what you
• 2:44:53
  said? OK.
• 2:44:56
  You don't think that's right, you need to meet with Miss Mr.
• 2:44:59
  Major. Do you need this right here on
• 2:45:02
  paper? Your Honor, she is turning into
• 2:45:14
  some more community. Service.
• 2:45:16
  OK, it will be. Accepted all.
• 2:45:20
  Right, I'll set your set your next hearing for June, June 1st,
• 2:45:30
  9:00. What's your next preview state
• 2:45:41
  of Ohio they called Norman Branch?
• 2:46:05
  All right. Norman Branch is set for review
• 2:46:13
  hearing today. This call earlier wasn't here.
• 2:46:15
  You haven't done much on your case.
• 2:46:19
  Yeah. Community service sometimes.
• 2:46:21
  OK, do you have a payment on your file today?
• 2:46:24
  No, I start the court on next Friday, Friday, overnight stay,
• 2:46:32
  whatever the. Three day school.
• 2:46:34
  Yeah, Tips school on May 7th. OK, yeah, that's got to be done
• 2:46:39
  too. I'll set your next hearing for
• 2:46:44
  June 1st. OK. 9:00.
• 2:46:49
  What's my What's my total? Not my total, but I'll be
• 2:46:51
  outside 10. $110 and five days community service plus the Dip
• 2:46:55
  store. So the dip school is separate
• 2:46:57
  from the $710? Yes, Sir.
• 2:47:01
  Yeah. All right.
• 2:47:03
  Driving on the influence is expensive.
• 2:47:05
  What's your insurance rate to get this guy?
• 2:47:08
  I. See, it's like cost you $5000.
• 2:47:13
  Get an Uber. They're cheap.
• 2:47:15
  They're trying to drink yeah June 1st is the next alrighty
• 2:47:24
  friends that will do it for today.
• 2:47:26
  I hope you all had fun this week I did saw a lot of good court
• 2:47:31
  had a couple of good sessions of sidebar made some new friends
• 2:47:36
  did some doctor Seuss. It was a good week.
• 2:47:38
  So in theory, we will be back on Monday.
• 2:47:42
  And I say in theory because most likely we will be.
• 2:47:45
  However, there's a possibility that we will not owe my Lindsay
• 2:47:50
  $50 super chat. Lindsay, thank you so much.
• 2:47:55
  I, I appreciate that more than you know.
• 2:47:56
  Thank you. Seriously.
• 2:47:59
  Wow, you guys are the best. Thank you.
• 2:48:03
  As I said earlier in the show, this is a very difficult time to
• 2:48:06
  be on YouTube because YouTube is messing with all of us large or
• 2:48:10
  small, and it really comes down to community support for us to
• 2:48:13
  survive. So that means a lot all the
• 2:48:17
  support that you guys give me, Lindsay, obviously with the 50,
• 2:48:20
  but even just those of you who are here being active in the
• 2:48:23
  chat, you know, liking our videos, these, these are all
• 2:48:28
  very important things. So thank you.
• 2:48:30
  Anyways, I was going to say, in theory, we'll be back here on
• 2:48:33
  Monday. Most likely we will be.
• 2:48:37
  However, Misses TCF is on call for jury duty on Monday and
• 2:48:43
  we'll call after 5:00 today to see if she needs to show up.
• 2:48:46
  So if you don't find us here on Monday, she had to show up.
• 2:48:51
  So we will see how that goes. But hopefully we'll see you
• 2:48:54
  Monday. If not, we'll see you Tuesday
• 2:48:56
  about 9:00 AM Eastern, 6:00 AM Pacific.
• 2:48:57
  We will post videos throughout the weekend so you check back on
• 2:49:00
  the channel and enjoy those. But everybody have a great
• 2:49:04
  weekend. Take care, God bless.