Latest / The Courtroom Files / May 12, 2026 Court Hearings: Judge McNally Denies Sobriety Court, Judge Stevens Locks Up Repeat DWI Offender, Board Denies Parole + More | TCF Podcast #289

Transcript

May 12, 2026 Court Hearings: Judge McNally Denies Sobriety Court, Judge Stevens Locks Up Repeat DWI Offender, Board Denies Parole + More | TCF Podcast #289 · The Courtroom Files

• 0:00
  Good morning, everybody. Happy Tuesday.
• 0:02
  Welcome to TCF Live. My name is Dan Sowell.
• 0:04
  I will be your guide through our next three hours of a journey
• 0:08
  through Courtlandia. We will start in Michigan.
• 0:11
  Judge Middleton. Paige Curlin and I don't still
• 0:15
  don't see her in here. So let's go with Haley Marcini
• 0:19
  at 4:00, please. Good morning, Mr. Stickley.
• 0:25
  Good morning, Judge. My goal is stand right there at
• 0:29
  the podium. Thank you.
• 0:30
  I'll give you that instruction, Keith.
• 0:34
  We learned we have 5 microphones and four inputs.
• 0:41
  So I think everything's plugged in the the witness microphone.
• 0:46
  I don't think it's plugged in right now.
• 0:54
  Good morning. Are you Haley Marciniak?
• 0:56
  Yes. I am, your honor.
• 0:58
  File number here is 26789 St. Miss Marciniak, you got a ticket
• 1:05
  for driving suspended as a second offense.
• 1:10
  Our most common offense probably is driving suspended or driving
• 1:14
  on a valid license. But.
• 1:16
  When you get the second one becomes a misdemeanor punishable
• 1:19
  by up to a year in jail and a fine of up to $1000.
• 1:23
  It requires that your license be suspended.
• 1:28
  They say this happened at 6:17 PM on April 25th and Three
• 1:34
  Rivers. Now let's take a look at your
• 1:37
  driving record. Doesn't appear that you have any
• 1:41
  unpaid tickets. All right, thank you.
• 1:46
  You have 0 points but you are suspended.
• 1:53
  You had several old unpaid tickets when they used to
• 1:56
  suspend you for not paying tickets.
• 1:59
  That might be part of your problem.
• 2:03
  Are you doing anything to try to get your license back?
• 2:06
  So right now I'm just working and I kind of went through like
• 2:11
  a little hard patch and but I'm back on my feet and I have a 7
• 2:17
  year old daughter, single mom. So I'm just been working and I
• 2:20
  plan to go downstairs today and make a payment.
• 2:24
  So, well, there is no downstairs.
• 2:26
  Anymore. It'd be right here.
• 2:28
  OK. Yeah.
• 2:31
  All right. This is under state statute.
• 2:35
  Now let's talk about this. Driving suspended second is
• 2:38
  punishable by up to a year in jail.
• 2:41
  No one. I'm thinking the history of the
• 2:43
  world. Ever got a?
• 2:44
  Year in jail. Well they did.
• 2:46
  Guy named Frank Butts got a year in jail multiple times from
• 2:49
  Judge McManus because he had like 19 driving suspended.
• 2:56
  But rarely does anyone get a year in jail and often no jail.
• 3:04
  But the lesser charge is a misdemeanor punishable by up to
• 3:10
  93 days in jail and a fine of up to $500 that it would still
• 3:14
  require that your license be suspended.
• 3:18
  She didn't give me a breakdown. It showed me you owe money.
• 3:22
  But. You might get a check in with
• 3:24
  that. Mr. Stickley, I'm not quite sure
• 3:27
  what to do with this. Set a free trial at a month from
• 3:30
  now. I would think.
• 3:31
  So your Honor, where are you working?
• 3:33
  Goodwill and three of us. Good for you.
• 3:36
  I've been there for six months going on six months on the 15th.
• 3:43
  Well, thanks. I need a little more to do
• 3:45
  today. OK, thanks.
• 3:48
  Set a pre trial for about a month out.
• 3:52
  My apologies to Judge Patterson. I'm going to be stuck in here
• 3:56
  for. A.
• 3:58
  While. Set a pre trial for June 30th
• 4:02
  8:30 with the prosecutor bring proof of penny.
• 4:10
  Oops. So real quick while he racks up
• 4:13
  the next contestant, Tim, thank you for gifting 5 memberships.
• 4:16
  I very much appreciate that. Thank you so much.
• 4:19
  Tuesday, This would be an ordinance case, but because it
• 4:25
  is punishable by up to a year, it's become a.
• 4:28
  State. Statute case.
• 4:35
  What does that mean then? Well, that means that the state
• 4:41
  county prosecutor has authority over the case rather than the
• 4:44
  city. Attorney.
• 4:46
  But what I want you to do right now is go out to the calendar
• 4:49
  and check with the ladies out there and find out how much.
• 4:51
  You owe OK. Thank you.
• 4:55
  All right, thanks. Our interpreter has joined us.
• 5:01
  Slows things down, but let's do page Curlin.
• 5:12
  Good morning. Good morning.
• 5:15
  Your Honor, this is file number 252665 FY.
• 5:23
  It's a 2. 5 case. It was authorized by the
• 5:26
  prosecutor last winter or December.
• 5:30
  I. Think.
• 5:31
  And that didn't get served. We're going to ask about that.
• 5:39
  You're charged with couple of counts.
• 5:43
  Embezzlement over $100,000. It's alleged that you embezzled
• 5:48
  more than $100,000 from Buckle Brothers Construction.
• 5:53
  That is a felony punishable by up to 20 years in prison and
• 5:56
  finable $50,000. Second count is embezzlement
• 6:01
  over $20,000 but less than 50,000.
• 6:04
  Dollars, that's a felony. Punishable by up to 10 years in
• 6:10
  prison and $15,000 fine. And then the 4th count, first
• 6:14
  count is plain old forgery that alleged that you forged a check
• 6:20
  at Huntington Bank and that's a felony.
• 6:24
  Punishable by up to 14 years imprisonment.
• 6:27
  I. Had a little.
• 6:29
  According to the affidavit, you're alleged to have taken a
• 6:32
  very large amount of money and. This is a.
• 6:36
  Felony and and punishable by serious consequence.
• 6:42
  Now they issued the warrant way in December but you didn't get
• 6:46
  arrested until May. How did you come to get
• 6:48
  arrested? For this.
• 6:50
  I was at a funeral and there was.
• 6:54
  A. Disagreement.
• 6:55
  That happened and I gave a statement to the police I didn't
• 6:59
  realize. That I had a.
• 7:00
  Warrant and I just gave my name and then they came and got me
• 7:04
  after that it took me so they never came to your house to try
• 7:08
  to arrest you or anything they just arrested you by accident.
• 7:11
  No, you're under yes they it was all right well it alleged you
• 7:15
  took almost $700,000 and that's a lot of money.
• 7:23
  Are you able to hire an attorney?
• 7:25
  I'm not where we saw a brief. Review.
• 7:29
  Of her. Of the qualification.
• 7:31
  Form. It would appear at this.
• 7:32
  Time that she would. It would be appropriate to
• 7:34
  appoint counsel. All right, all.
• 7:40
  Right. Are you?
• 7:40
  Still live on Peeler St. No your honor, where do you
• 7:43
  live? I'm living with my parents right
• 7:45
  now in Marcellus. It is put the dates on here, but
• 7:50
  I think I think it would be May 26th pre exam conference 830 in
• 8:03
  prelim would be June 2:00. Appoint an attorney.
• 8:12
  All right. You can't leave the state of
• 8:14
  Michigan. They set APR bond in this case,
• 8:16
  I think before they really knew what the deal was, $7500 PR.
• 8:23
  All the bond conditions remain. In fact, I'm going to have the
• 8:26
  bailiff take you out to the court office.
• 8:28
  They're going to give you your court appointment, attorney's
• 8:30
  name and number, want you to contact that attorney and
• 8:33
  discuss it with them prior to the date of May 26th, which is
• 8:39
  what your pre examines. There's probably lots of
• 8:42
  paperwork, bank statements. Other things.
• 8:47
  That they'll need to go over these embezzlement cases often
• 8:50
  can be very involved, but there's a lot at.
• 8:54
  Stake. Here.
• 8:55
  And so I lost my court officer, but I want you to go out to the
• 8:59
  counter and we will get an attorney appointed to represent
• 9:06
  you. All right, You're good to go.
• 9:08
  Thank you. So good morning once again,
• 9:13
  everybody. It's TCF live on a Tuesday,
• 9:16
  hopefully not a second Monday for at least most of you.
• 9:19
  My name is Dan. It's good to have you here on
• 9:20
  this three hour journey through Courtlandia.
• 9:24
  So yet again, another financial crime.
• 9:27
  We're seeing more and more of this, this embezzlement, this
• 9:31
  stealing, lot of that going on right now.
• 9:34
  And matter of fact, tonight on sidebar, 8:00 PM Eastern, 5:00
• 9:37
  PM Pacific, right here on this channel, we're going to cover
• 9:40
  the sentencing that we saw yesterday of Mr. Kaufman, the
• 9:44
  Funeral Home director, who took about 1.1 million from people
• 9:49
  who prepaid for their funerals. So join us for that because that
• 9:55
  will be a spirited discussion, no doubt.
• 9:57
  Let's change it up a little bit. Let's go down to Lake County,
• 10:00
  Ohio, Judge O'Donnell, who apparently is having a casual
• 10:05
  Tuesday. No robe today to.
• 10:08
  Be inappropriate at this time based upon the request that City
• 10:12
  of Kirtland follow the law as the injunctive remedy and given
• 10:16
  my reading of the rules. It is not.
• 10:18
  Necessarily clear to me exactly what the timeline would be to
• 10:21
  brief that. And I thought it would be best
• 10:23
  for the parties to come together and ask exactly what the remedy
• 10:26
  is, given that we are still in the process of seeking
• 10:32
  administrative approval on the applications of the Co
• 10:35
  defendants. OK, so let me give you my
• 10:39
  understanding of where where things are at Mr. Zieman's
• 10:45
  client, Mr. Lockhart. Correct?
• 10:47
  Yes Sir is seeking to build what 5 units of five condo units 5?
• 10:52
  Duplexes. You're on it.
• 10:53
  OK side by side Mr. Soon in in a historic district, which in in
• 11:01
  the historic district in Kirtland.
• 11:02
  I believe that's their overlay correct around.
• 11:04
  OK. And in order to right now I, I
• 11:09
  think from what I understand and correct me if I'm wrong, that
• 11:13
  that residential is not permitted in that district.
• 11:16
  Conditional use for what this residential development is.
• 11:19
  For SO so your client went before the BZA to get a frontage
• 11:25
  variance, is that right? Two components correct the the
• 11:30
  it's basically a bowling alley lot.
• 11:32
  Currently there's frontage on three O 6 and there is a
• 11:36
  structure on that. It's the back acreage that's
• 11:38
  that's to be subdivided. And since the subdivided rear
• 11:43
  parcel won't have any frontage, the purpose of the variance was
• 11:46
  to permit that lot split. OK, so did did did BZA approve
• 11:52
  what your guy requested? Yes, Sir.
• 11:54
  OK. There was some notice issues
• 11:57
  brought up by Mr. Walter is as to the various TCe entities.
• 12:03
  Are the are the are the members all the same in the TCe
• 12:06
  entities? Yes, Your Honor.
• 12:08
  OK. So then I.
• 12:10
  Think it goes before the Planning and Zoning Commission
• 12:14
  for the lot split issue, Is that right, Joe?
• 12:18
  Well, the Planning Commission would issue the conditional use
• 12:21
  permit for the residential development.
• 12:24
  The variance was granted, I believe, by the Board of Zoning
• 12:26
  Appeals. OK for what would for is also to
• 12:30
  the split. To create a non conforming lot,
• 12:32
  correct? OK.
• 12:34
  So it was the conditional use permit approved by Planning and
• 12:39
  Zoning. It was approved subject to final
• 12:42
  development plan and so that has not come before the City Council
• 12:46
  yet, OK. Has the plan been submitted?
• 12:49
  Who? Who does the plan get submitted
• 12:50
  to planning and zoning first? Correct.
• 12:55
  And the BCA, I don't know if the BCA had a look at it or not
• 12:58
  frankly. But yeah, initially the Planning
• 13:00
  Commission takes a look at it. OK.
• 13:01
  And. They haven't approved that yet.
• 13:03
  The Planning Commission did approve it, correct, But I
• 13:09
  believe and I don't want to speak to the City of Kirtland,
• 13:11
  they view that as a preliminary approval and a final approval
• 13:14
  yet, OK. So.
• 13:16
  And it's not gone before, correct?
• 13:19
  That's the next step in the process.
• 13:20
  And it's your position that none of that matters until Council
• 13:24
  approves what had been done by their Commission, correct?
• 13:28
  There is no, while the conditional use has been
• 13:31
  preliminarily or conditionally granted by PCC, it has not been
• 13:35
  issued and therefore there has been no harm yet.
• 13:38
  That's the fall in the plaintiffs.
• 13:40
  If ever and and. And it it can it be issued
• 13:43
  without council approving it? No.
• 13:47
  So where, where are we at with regard to whether we are here
• 13:52
  too early? Your Honor, with all due
• 13:55
  respect, the lot split and the variance were granted without
• 14:01
  any ability of my client to contest that.
• 14:04
  And if you look at the section that's in our preliminary
• 14:07
  injunctive motion at page 4, the Curtain Code of Ordinances 1275
• 14:12
  O 4 specifically states that a conditional use permits, there's
• 14:15
  three issues we have. First, the variance, we never
• 14:19
  had a chance to object or go after that.
• 14:22
  And and is that because only one of the entities got noticed?
• 14:25
  That was none of our entities got noticed.
• 14:27
  Well, there were a number of times it was continued or or
• 14:29
  delayed, right. Those are other hearings.
• 14:31
  Those are on the conditional use permit.
• 14:33
  They were on the lot split. They were on the variance did
• 14:35
  get continued once, but we still didn't according to the verified
• 14:39
  complaint still did not get notice of that.
• 14:41
  And so the variance was never given.
• 14:45
  We're my clients were never given the opportunity to come
• 14:48
  and contest that. And the case that we cite which
• 14:51
  is at Allahasa hold on is was noticed provided to the to any
• 14:56
  one of the TCD entities. Yes, it's our position that it
• 15:00
  was and it was continued once the plaintiffs made us aware
• 15:04
  that notice was not provided on the on the issue of the frontage
• 15:07
  on the split. OK, go.
• 15:09
  Ahead. Mr. Wilton.
• 15:10
  Sure. And so the case, we said it was
• 15:13
  Allah Hassan ALIHASSAN versus alliance board and zoning
• 15:18
  appeals. While it is a fifth district,
• 15:22
  it's pretty on point that if you don't have the ability to
• 15:24
  contest certain issues, then the administrative procedures don't
• 15:28
  really apply. And our position is from the
• 15:31
  variance to the lot split and then we now have a conditional
• 15:36
  use permit that we did appear at.
• 15:38
  My involvement didn't start in this until January.
• 15:41
  And to the city's credit, I'm now getting emails as to when
• 15:44
  the hearings are from their assistant law law director.
• 15:49
  We weren't able to contest any of that.
• 15:51
  And so this lawsuit was filed because the groundwork of that
• 15:55
  which was the variance is the capstone of everything else that
• 16:00
  goes forward. And so the the way that the
• 16:03
  variance ordinances are written in the city of Kirtland, they
• 16:06
  there were some difficulties that had to be proven and there
• 16:08
  was absolutely nothing put on the record.
• 16:10
  We would have opposed the granting of the variance, which
• 16:13
  would have stopped this project in its steps.
• 16:16
  And that's if if Kirtland goes ahead and puts that on their
• 16:20
  agenda to approve what BCA and what planning and zoning did and
• 16:24
  they have a meeting and your clients there and objects to it
• 16:28
  based on he never got notice of the of the BCA actions, which
• 16:34
  they can test. But if they then approve it then
• 16:39
  do you have an Ave. to to? Challenge that we would be.
• 16:42
  Able to challenge that, but again the procedural
• 16:45
  irregularity was the granting of the variance.
• 16:48
  Which we never. Understand what your argument
• 16:50
  is. OK, I'm, I'm questioning whether
• 16:53
  we, we should be here until such time because there there is no
• 16:57
  variance granted, right. The variance was granted.
• 17:00
  Well, I'm, I'm, I guess we're on we're, we're speaking two
• 17:05
  different languages. Nothing is effective until
• 17:08
  council approves it, right? No, the, the, the site plan is
• 17:13
  what is pending, not the variance.
• 17:16
  The variance has already been granted.
• 17:18
  Does does council have to approve variances by the BCA?
• 17:23
  No. So the variance that would allow
• 17:26
  a lot to not have frontage was approved.
• 17:29
  Then the lot split happened. That was also approved.
• 17:33
  However, in order for the my Co defendants to actually build and
• 17:38
  use that property as they suggest, it needs to go through
• 17:41
  the full conditional use and site plan development process
• 17:45
  which culminates with City Council approving the site plan.
• 17:48
  What what's the value to Mr. Locker of the variances by the
• 17:53
  BZA if the lot split or or if the plan is not approved by?
• 17:58
  Council. Well, in regard to the lot
• 18:01
  split, that's what it's allowing for the residential development.
• 18:03
  That's, that's, you know, that's our purchase agreement in terms
• 18:06
  of the conditional use permit. There's, there's, there's no
• 18:09
  project without the CUP. So does he have the ability to
• 18:12
  utilize what the the BCA's approval without a plan approval
• 18:17
  by council? No, the the the lot split would
• 18:19
  just still allow for a non conforming lot.
• 18:22
  There's an easement agreement of course allowing for ingress and
• 18:25
  egress through the through the the remainder parcel to up to
• 18:28
  three O 6. But it's just it's just vacant
• 18:32
  land at that point without improved site development plan.
• 18:34
  OK. And Mr. Mitchell, your client
• 18:37
  sold to Mr. Lankar. My my wife.
• 18:41
  Who's your client right? Yes.
• 18:44
  She's in the hospital right now. OK, So we've got your motion for
• 18:50
  judgment on the pleadings essentially saying that it
• 18:53
  really isn't ripe yet because what what?
• 18:57
  Kirtland hasn't taken action on the plan approval, right?
• 19:00
  That's the large gist of it, Your honor.
• 19:02
  There are a couple other arguments, including that two of
• 19:05
  the the landowner defendants are inappropriate as they're outside
• 19:09
  of the notice requirements. Even if they didn't receive
• 19:12
  notice, they were never supposed to receive notice.
• 19:14
  OK, what is the notice requirement?
• 19:16
  I will get them confused. In the moment, Your Honor, but
• 19:18
  one is 300 feet, one is 500 feet and they're outside of the 500
• 19:22
  foot. OK.
• 19:23
  Limit. And Joe, do you know the
• 19:27
  specifics on the three versus 5? Actually, no, Your Honor,
• 19:30
  that'll stop in my. What?
• 19:31
  What of that? I believe the conditional.
• 19:33
  Use permit is 300 and the variance is 5, but I could be
• 19:37
  wrong Your Honor. OK.
• 19:38
  And you, you have a not you have not responded to that yet Your
• 19:42
  Honor. OK.
• 19:43
  And when is your response to? We filed a motion yesterday for
• 19:46
  a short leave based upon I was in trial last week or two weeks
• 19:50
  ago and catching up. OK.
• 19:52
  We just filed that, otherwise it would be due, I believe,
• 19:55
  Thursday. But we asked for a short leave.
• 19:58
  And Your Honor, we have no problem briefing that and then
• 20:01
  letting the court rule going forward.
• 20:05
  You know, I think the judgment on the pleadings plays heavily
• 20:08
  into the injunctive relief as well.
• 20:11
  And then there's Mr. Mitchell's motion to stay, which, you know,
• 20:15
  we didn't oppose that, Your Honor.
• 20:17
  We've opposed his motion for dismissal or more definite
• 20:20
  statement because if you're right, there are a flurry of
• 20:23
  motions pending. There's the.
• 20:26
  Motion to dismiss and motion for more definite statement by the
• 20:29
  Mitchells, the motion to stay by the Mitchells, and the motion
• 20:32
  for judgment on the pleadings. By the city.
• 20:34
  And then our motion for preliminary injunction.
• 20:36
  OK. What was your motion to stay,
• 20:38
  Mr. Mitchell remind Well it it was an hope that you would roll
• 20:44
  before we had to do substantially more.
• 20:47
  Work. OK.
• 20:49
  Well, I, I, I think my, my inclination is to rule on your
• 20:53
  motion, OK, before we do anything else because your, your
• 20:59
  injunction and, and declaration is simply that you're asking
• 21:03
  that I make Kirtland follow their ordinances, right?
• 21:07
  It was started, you're as correct, right, which started
• 21:10
  with the grain of a variance that should not be the capstone
• 21:13
  of this. So I, I don't think they're
• 21:14
  opposed to following their ordinances.
• 21:16
  Well, they haven't been so far. It's our attention that that's
• 21:19
  why we're here. OK?
• 21:20
  Because you say one thing and she says another, and these guys
• 21:24
  are caught in the middle. So.
• 21:26
  So what I'm going to do is, is I'll look at your request to
• 21:31
  extend your time to respond to that.
• 21:33
  Did you guys, Mr. Mitchell, did you, are you intending to
• 21:36
  respond to the motion for judgment on the pleadings?
• 21:40
  No. Joe, what about you?
• 21:43
  OK, so I'll wait for your response.
• 21:46
  I'll give you a chance to reply and then I'll rule on that and
• 21:50
  we'll go from there because it seems to be the first block here
• 21:53
  before we we do anything else. Does anybody disagree with that?
• 21:57
  I do not, Your Honor. No, but if I may, Your Honor,
• 22:00
  plaintiff has asked until June 11th.
• 22:02
  It is very likely that the City Council hearing on the site plan
• 22:06
  will happen before then. When is it scheduled for?
• 22:08
  It is not. I don't.
• 22:10
  Think. That it is actually on the
• 22:11
  schedule yet, but it could be as early as next week.
• 22:16
  Can you grab the law director? I can, but I can tell you that
• 22:20
  the PCC issued a resolution sending it to City Council last
• 22:23
  night. So in in terms of when City
• 22:25
  Council puts it on the agenda, I will find out.
• 22:27
  But I'm happy to go get him. OK.
• 22:32
  How are you enjoying your less hectic flight?
• 22:34
  Hectic flight. Well, it's getting there Judge.
• 22:38
  I keep telling I'm trying to work like part time 20 hours a
• 22:41
  week and and I'm still putting in 40 hours so.
• 22:44
  With them still with? With Mentor still?
• 22:46
  Are you done with? Oh, I, no, I was, yeah.
• 22:48
  March 20th was my last day there.
• 22:50
  So 23 years was sufficient. Yeah.
• 22:55
  More than sufficient. Morning, Judge.
• 22:57
  Well, what we were just talking about the timing of Council's
• 23:04
  action on the on the plan. Yes.
• 23:07
  Do you do you know? So they met last night, planning
• 23:11
  and zoning met last night. And it's my understanding that
• 23:14
  they passed that resolution, which then refers the final
• 23:17
  development, final development plan to council for our zoning
• 23:21
  ordinance. That'll be in the form of a
• 23:24
  resolution and they'll have an opportunity to review it.
• 23:27
  I believe it'll be on Monday night, next Monday, correct?
• 23:32
  Then it's up to them as to whether they want to approve it,
• 23:37
  have modifications, or deny it. They can have it go for three
• 23:43
  readings or they can waive the three readings as well.
• 23:46
  What are they? What what's their practice in in
• 23:49
  in a situation like this? What's their practices to waive
• 23:51
  or or have all three? So I'm trying to remember, the
• 23:56
  only other case we had which was similar to this was the the COCA
• 24:01
  property about five years ago. And I, I believe they actually
• 24:08
  called a special meeting to consider that approval and
• 24:12
  waived the three readings. I could be wrong.
• 24:14
  I don't recall it off the top of my mind.
• 24:17
  But the waiving of the three readings, it's, it's hit or miss
• 24:21
  as to how they, how they wish to proceed with it.
• 24:23
  So they don't always waive the three readings.
• 24:25
  Sometimes they let them go two or three readings.
• 24:29
  I just I can't predict that. OK, All right.
• 24:33
  Well, they're going to do what they're going to do.
• 24:35
  I'm not going to suggest they do something or not do something.
• 24:40
  I'll just rule on what's in front of me and we'll go from
• 24:42
  there if they approve it and that we'll see where that puts
• 24:45
  us. But but I'll I'll rule on your
• 24:48
  motion for the extension of time and.
• 24:50
  Thank you. And we'll go from there.
• 24:52
  So I you don't need nobody needs to respond on the injunction.
• 24:58
  So let's just hold everything we've already responded.
• 25:03
  OK, I. Believe.
• 25:04
  On the injunction, OK, All right.
• 25:06
  And we we would request that you roll on our motion the same time
• 25:10
  the motion. To stay.
• 25:12
  No, not, not the motion to stay, the motion to dismiss.
• 25:16
  OK. Because it's our position that
• 25:20
  we're in this just nominally and there's no action actionable or
• 25:27
  there's no cause against us. Where does Mr. Mitchell's client
• 25:33
  there was a property owners Your honor.
• 25:34
  OK, I know, but are they you're you're challenging the the the
• 25:38
  process by which you got here with Kirtland right And the we
• 25:43
  the purchase agreement is conditioned upon all of the
• 25:45
  approvals and it can be withdrawn at any time after if
• 25:49
  all the approvals are not obtained.
• 25:52
  What I expressed in one of those documents is with really going
• 25:56
  on here is Mr. Christopher, Mr. Walter's client has sought to
• 26:03
  buy our property since at least 2002.
• 26:08
  And the reason he didn't buy it is he didn't want to pay a fair
• 26:12
  and marketable price. And he wanted to add on to his
• 26:17
  party center by putting tree houses and, or our RV parking
• 26:24
  and for, for his weddings and, and stuff like that.
• 26:28
  And that's all that's going on here.
• 26:30
  It's, it's, it's a made-up case on the part of the plaintiffs.
• 26:35
  I would bet Mr. Christopher has a different take on it.
• 26:37
  But but. He might.
• 26:40
  But it is it, it wouldn't be accurate.
• 26:42
  That's why we have courts, right.
• 26:45
  So, so I'll take that is, is, is everything in?
• 26:48
  Did you respond? Yeah, the motion to dismiss is
• 26:51
  fully brief. OK.
• 26:54
  All right. So I'll take those up and we'll
• 26:55
  go from there. Anything else?
• 26:57
  Anybody. Anybody else?
• 26:58
  No, you're on it. No.
• 27:00
  You're on. It all right.
• 27:01
  Thank you. Thank you all.
• 27:06
  Righty friends, a little bit of a different look at Judge
• 27:09
  O'Donnell, not just because he didn't have a robe on this
• 27:12
  morning, but that he wasn't handling some kind of felon and
• 27:15
  swearing at him the whole time. So, you know, always good to
• 27:19
  experience new things. So real quick, we're going to go
• 27:22
  to Judge McNally. But before we do, I want to show
• 27:24
  you guys something. As I was going through courts, I
• 27:29
  was looking at Licking County, Ohio.
• 27:31
  And I don't want to go there for this hearing because it was done
• 27:35
  with a translator. Very hard to follow, but I
• 27:38
  captured what the defendant was wearing.
• 27:43
  So take a look at this For those of you on the podcast side, what
• 27:48
  we're looking at is a white hoodie and on the back is
• 27:53
  artwork of a scantily clad woman wearing a bandana around her
• 27:57
  face to hide her identity who is running away while holding a bag
• 28:03
  of money. Now, of all of the different
• 28:06
  things we have seen people wear in court, this one might
• 28:12
  actually take the cake for me. It's like, you know, one of the
• 28:15
  rules of crimes is don't, don't document or write down your
• 28:19
  crimes. This one almost documents it,
• 28:22
  doesn't it? It's just absolutely insane.
• 28:27
  Of all the things that you could choose to wear to court,
• 28:31
  something that actively depicts a crime is it's a choice.
• 28:37
  Let's, let's just say it that way.
• 28:39
  It's most certainly a choice. All right.
• 28:42
  I just thought I'd say that 'cause I thought it was
• 28:43
  hilarious. Let's go, Let's go back up to
• 28:47
  Michigan. Judge McNally.
• 28:49
  All right, your appearance please all over that name, your
• 28:54
  name. All right, so your client pled
• 28:59
  guilty of operating well visibly impaired back on March the 3rd
• 29:02
  of 26th. She was referred for a screening
• 29:05
  and assessment at some point prior.
• 29:08
  There, too, she violated the bond conditions.
• 29:11
  On February 12 of 26, I issued a bench warrant, forfeited the
• 29:15
  bond, and set a new bond after finding that she had consumed
• 29:22
  alcohol. I told her at one point that
• 29:25
  she'd better get in the sobriety port if she did.
• 29:28
  I didn't. I wasn't guaranteeing any any
• 29:31
  new. I wasn't guaranteeing anything,
• 29:33
  but I guaranteed she was. Not that she's going to go to
• 29:37
  jail for a lengthy period of time if she didn't get into
• 29:40
  sobriety court. And that's where we are.
• 29:43
  You need a chance to review the report.
• 29:45
  Any material additions, corrections or deletions,
• 29:49
  anything that you would like to say on her behalf?
• 29:52
  Your Honor, can you probably pick that up?
• 29:54
  You talked earlier once if you have time planning for society.
• 30:02
  And she is no. Longer in denial.
• 30:03
  She has a health boss. She's working.
• 30:07
  She's working hard as a as a realtor.
• 30:09
  She has three small bits, applied migration officers and
• 30:13
  minor flips. OK, anything else, ma'am?
• 30:19
  Anything you would like to say? I am leading the seriously.
• 30:24
  I have been going to therapy on my own.
• 30:28
  I've been seeing various now bi weekly.
• 30:32
  I am going to IOPI take that very seriously.
• 30:36
  My kids are my wife. I'm committed to this program.
• 30:40
  You would accept me. John Cohen there, you had a job
• 30:44
  interview with DTE, but you haven't heard anything yet.
• 30:48
  And you're working at LPT Realty and that's the only place you're
• 30:51
  working. That's the only place you're
• 30:53
  working. I have helped out my a friend,
• 30:58
  she just opened up a restaurant and helped her a couple of
• 31:01
  times, but I'll send it. I don't know what restaurant.
• 31:04
  Jake's visa and. Trenton, why didn't you tell
• 31:07
  your probation officer that before?
• 31:10
  I'm sorry, why didn't you tell your probation officer that
• 31:13
  before? And why did I have to ask
• 31:15
  questions to find out that you were working at J TS?
• 31:19
  I just helped them on a couple of times.
• 31:20
  I'm not like fully unclean there.
• 31:23
  I don't want to be. I'm not able to do real estate
• 31:29
  full time right now. Why didn't you tell me that?
• 31:33
  Why didn't you tell me that you got 4 drunk driving?
• 31:38
  You have no business working in a bar.
• 31:41
  And I don't mind telling you if I if I if I had known in your
• 31:47
  situation. Now, I want you to understand
• 31:49
  I've allowed people to work in bars and restaurants before that
• 31:53
  are in sobriety court. But these are under different
• 31:55
  circumstances. You had four drunk driving's,
• 31:59
  you had a 271. You violated your bond
• 32:02
  conditions. You've been working at J TS a
• 32:05
  lot more than a couple times. Don't tell me that that is not
• 32:08
  truthful. I know too many people, young
• 32:10
  lady. I know too many people.
• 32:15
  I know too many people. Don't tell me you've only worked
• 32:17
  there twice. You said a couple times you
• 32:20
  helped out a friend and you didn't bother telling anybody
• 32:23
  your name. So I want to know because you
• 32:26
  and I talked, because you had a conversation with her.
• 32:29
  I want to know. I want you to state for the
• 32:31
  record what she told you and tell me when it was.
• 32:34
  So the appointment. Was.
• 32:36
  On. April 20th found out continue
• 32:38
  name with you on April 20th that she's working in the bar.
• 32:42
  So at our from now on Friday that's Andy 24.
• 32:46
  We had just been going over the screening.
• 32:49
  I asked if there were you know anything new to add talked about
• 32:53
  employment and how she is supporting herself due to
• 32:56
  backing on real estate and she said that she was supporting
• 32:59
  herself and their savings. She didn't say anything about
• 33:02
  working at J TS. No.
• 33:04
  Your Honor, can I tell you what? Yeah.
• 33:06
  You can tell me whatever you'd like, and I'd make it really
• 33:08
  good. I cannot have people in the
• 33:11
  sobriety court. They're not being on upfront and
• 33:13
  truthful with me. I can't do what I won't do it.
• 33:16
  It's not. You have no chance.
• 33:19
  You had no business taking a position at a bar serving as a
• 33:23
  bartender and a waitress, None particularly without coming to
• 33:28
  me and asking me if that was OK or at least bringing it up with
• 33:31
  your probation officer. And you concealed it.
• 33:34
  I didn't conceal it on purpose. On purpose.
• 33:37
  Opened the place and asked her if I could pick up some shifts
• 33:42
  there to supplement my income because I'm not able to do real
• 33:45
  estate full time right now. I'm not full time employee.
• 33:49
  I would like to be. I really need the money to
• 33:53
  support my kids right now by the older people that work there and
• 33:57
  I'm able to get rides from them. So yes, I haven't picked up
• 33:59
  ships there. I stopped asking.
• 34:02
  I stopped asking to bond to any. I was only so anything else from
• 34:06
  the serving ships. Listen, I have to go by my gut.
• 34:11
  I don't sense that you're taking this serious.
• 34:14
  You violated the bond conditions.
• 34:16
  You had 26 late blows. You tested positive on February
• 34:21
  8th, 9:10 and 11:00 for alcohol. Like I said, you missed 26 blows
• 34:28
  or they were late. You're not getting your A aid
• 34:31
  logs to her in time. Listen, when I, when I do this,
• 34:36
  I'm putting myself out there, OK?
• 34:40
  When I, when I try to help people and, and, and felonies
• 34:44
  and, and this should have been a felony.
• 34:46
  Like I told you, somebody dropped the ball of my view.
• 34:48
  I don't know why they didn't charge this as a felony.
• 34:50
  You got four of them, Grant. It goes back to O9.
• 34:54
  But you're only 38. You're only 38 years old.
• 34:57
  And you needed to cross every T and dot every I and you didn't.
• 35:03
  I have three children that I'm trying to raise.
• 35:05
  You have. You're going to kill somebody.
• 35:07
  You're going to kill somebody. And I can't do this.
• 35:11
  I wish I could. The whole team agrees.
• 35:14
  You need help, ma'am. I can't take you.
• 35:17
  I cannot take you. Can't do it.
• 35:19
  I wish I could. I get so disappointed listening
• 35:23
  to people when I know that they're lying to me.
• 35:27
  This is this is not this is not voluntary truthfulness on
• 35:33
  sobriety accord in particular. Actually, there's no way I'm
• 35:36
  changing my mind, Mr. Longton. Well, your.
• 35:38
  Honor. She was desperate because we
• 35:43
  received our house and I've always seen my child support
• 35:47
  until they need you. If you've been desperate, you
• 35:51
  can follow it. You ask for serving to get salt.
• 35:58
  I get it. I get it.
• 36:03
  You also listen. I want to take you.
• 36:07
  I want to take. No, I cannot.
• 36:10
  I agree. You need help.
• 36:11
  I cannot do this, ma'am. You.
• 36:15
  Should have thought. About that, before you got your
• 36:18
  first, second, third and 4th drunk drive, they should have
• 36:22
  charged the felony. You had a chance to keep this to
• 36:25
  a 93 day misdemeanor with a minimum jail term and you were
• 36:29
  not truthful and you went to work in a bar which I can't even
• 36:32
  think of the of a worse place for you to be working.
• 36:36
  I'm sorry 300 fines, 600 costs, 75 victims rights fee, $50
• 36:41
  justice assessment, $60.00 screening fee, 225 in in cost of
• 36:46
  recovery and 61 days credit one serve 60 now and you're going to
• 36:51
  have you're going to serve 30 more days if you don't pay your
• 36:55
  fines and costs. And I will let you pay those at
• 36:58
  the rate of $50 per week. And I will start that beginning
• 37:02
  on August the what's the 1st Friday in August least.
• 37:07
  Amy, could you possibly do this? On weekends.
• 37:12
  No, there's no way I can let her do it on the weekends.
• 37:15
  You have 21 days to appeal. You have 14 days to apply for a
• 37:18
  board and lawyer. You should have thought about
• 37:20
  all these. August 7th, judge.
• 37:23
  August 7th if you need more time, you call the quote, we'll
• 37:26
  go on zoom. I feel awful about this problem,
• 37:29
  just awful as you do, except I'm not the one serving the jail
• 37:33
  term. You're going to have to.
• 37:33
  We'll let you make some calls, but you're in custody for 60
• 37:36
  days. There's yes, you are.
• 37:39
  And I'm not going to let you start tomorrow because you
• 37:41
  weren't honest with me. And when people aren't honest
• 37:44
  with me, this is what's going to happen, particularly with
• 37:47
  something that's a serious is going out and committing full
• 37:51
  length driving. You have no idea how lucky you
• 37:54
  got that they didn't charge you with a felony.
• 37:57
  I'm sorry, ma'am. Have a seat.
• 37:58
  That's it. Sorry, guys.
• 37:59
  Fighter Abdul Hussein Hassan 26, D 827965.
• 38:07
  Well. So just to pause real quick, I
• 38:09
  got to say that, you know, for for all the lecturing and
• 38:13
  everything that we hear from Judge Dad, you know, which is
• 38:18
  why we call him Judge Dad, the the amount of times he like
• 38:25
  actually put somebody in jail like that is incredibly rare.
• 38:28
  So you know, you have earned it if you got Judge Dad to that
• 38:33
  point. I'm just saying, if you see it
• 38:35
  different, let me know in the chat.
• 38:36
  But she done messed up. Anyways, let's let's continue
• 38:41
  here with with Judge McNally for a while.
• 38:43
  Well. Sir, come on up to the podium
• 38:46
  that states your name. Your name, you're charged with
• 38:51
  ADNR fish game violation. They think that you were
• 38:54
  snagging or attempting to snag fish on April 9th of 26th.
• 39:03
  If you're our partner, Arsenal Rolling Black Rock, you have the
• 39:06
  right to a lawyer. If you want one, I will give you
• 39:08
  1. Would you?
• 39:09
  You have the right to a lawyer and if you want one I will give
• 39:12
  you 1. Would you like 1?
• 39:18
  Sure. Do you understand English?
• 39:20
  Good. Yeah.
• 39:21
  OK, so I'm just explaining the charge to you when the possible
• 39:24
  penalties are up to 100 fines, 90 days jail costs are all
• 39:28
  those. You tell me if you want a
• 39:30
  lawyer, if you want one I can give you 1 today free of charge
• 39:34
  public expense. Would you like a lawyer is.
• 39:37
  Is this charging? Is this charging, Jeff?
• 39:42
  I'm just telling you, I have to tell you what the maximums are.
• 39:45
  Those are the maximum penalties. I have to tell you, I'm not
• 39:50
  sending you to jail on. No, I don't usually go out that
• 39:55
  far, but I'm not going to. I'm not going to send you to
• 39:56
  jail. You want a lawyer.
• 40:00
  Discharge a lawyer. OK, so all right, so we'll
• 40:04
  proceed and I'll send you to the prosecutor.
• 40:06
  If you don't like what he's offering you, you can come back
• 40:09
  and tell me. Judge, I want a lawyer.
• 40:10
  Fair enough. Is that fair enough?
• 40:13
  Yeah. All right, did you sign, read
• 40:15
  and understand the advice of rights?
• 40:17
  Yes, if you did, you read it and understand it.
• 40:23
  You got to keep your voice up for me.
• 40:25
  Nice. And well, Speaking of that
• 40:26
  microphone, I'm getting hard to hear.
• 40:28
  Yeah, I don't understand strong. Stuff you are, you are presumed
• 40:33
  innocent. They have to prove you guilty
• 40:36
  beyond a reasonable doubt. This is a misdemeanor.
• 40:39
  You have the right to a jury trial.
• 40:41
  You have the right to whose? Phone is that.
• 40:45
  You got to, You got. To kick the phone, there's.
• 40:47
  Signs all over the doors. Come on, guys.
• 40:49
  No more just phones, please. I don't know what I have to do.
• 40:53
  Shut your phones off or go out in the hallway and put them in
• 40:57
  your car or put them in a locker or leave them with a friend.
• 41:02
  Whatever you feel that's the safest.
• 41:04
  But I cannot have people coming in here with phones every day.
• 41:08
  All right, listen. You have the right at a trial to
• 41:10
  remain silent. They can't compel you to
• 41:12
  testify. You have the right to remain
• 41:15
  silent. You right.
• 41:16
  You have the right to testify if you want to.
• 41:18
  You have the right to bring in your own witnesses that will
• 41:21
  help you. You have the right to use the
• 41:23
  subpoena powers of the court where I will sign an order for
• 41:26
  you to bring in your own witnesses.
• 41:28
  You have the right to cross examine the prosecution's
• 41:30
  witnesses. If you plead guilty, you're
• 41:32
  giving up all of those rights. You're waiving the presumption
• 41:35
  of innocence and the requirement that you're guilty beyond a
• 41:39
  reasonable debt. Do you understand?
• 41:41
  All right, guys, You still wish to waive your right to a lawyer.
• 41:50
  I can't hear you. I cannot hear you.
• 41:52
  You got to keep your voice up. Yeah, so.
• 41:57
  No, you can't explain. This is just an arraignment.
• 42:00
  You can go explain to the prosecutor.
• 42:02
  I'll be glad to enter inact guilty plea and I'm sure the
• 42:06
  prosecutor is going to be reasonable with you, but if
• 42:09
  she's not or you don't think she is, you can come back in here
• 42:12
  and tell me. Judge, I don't like their offer.
• 42:14
  I want a lawyer. So do you want to do that and
• 42:18
  her not guilty plea? What was the charge but.
• 42:23
  The charge is snagging or attempting to snag a fish.
• 42:28
  That's that's what you're charged with.
• 42:30
  This happened on if you Rock Park, according to the police,
• 42:34
  the DNR officer on April 9th of 26th.
• 42:39
  That's the charge. Do you want me to give you a
• 42:41
  lawyer? All right, I'll enter in that
• 42:45
  guilty plea. Somehow you posted it looks
• 42:48
  like, am I right? He posted a $10 bond.
• 42:50
  Is that right, Amy Judge? Yes, it looks like.
• 42:54
  The. Conservation fee in there, so he
• 42:57
  thought that was what he. Should pay.
• 42:59
  So listen, you cannot leave the state without the consent of the
• 43:02
  court. You cannot violate a law.
• 43:05
  You must appear in court as directed.
• 43:07
  I'm going to send you to the prosecutor.
• 43:09
  You will speak with her either way.
• 43:12
  She's going to send in the file. If you work it out, great.
• 43:17
  If you don't and you don't like what they're giving you, then
• 43:20
  you come in and say, judge, I want an attorney.
• 43:23
  Fair enough. OK.
• 43:25
  So go out in the hallway. She will call you and you will
• 43:28
  talk to her, and then you can decide whether you want to
• 43:31
  proceed like that. OK, Thank you.
• 43:34
  All right. Do I have Flat Rock ready over
• 43:37
  there? Guys, People against Corey
• 43:41
  William Little, 23-B143O9-O 23-F24-O292.
• 43:50
  Your name, Sir? He's he's muted.
• 43:53
  We have to unmute him. Officer.
• 43:55
  Mr. Bess Morland, your name. Good morning, Judge.
• 43:58
  Attorney Corey Westmoreland, appearing on behalf of Mr.
• 44:00
  Little. Miss, it's still on.
• 44:02
  It's still muted. Mr. Little, would you please
• 44:04
  state your full name for the record?
• 44:06
  Corey William Little, OK Officer.
• 44:08
  Your name? Sergeant Mitchell.
• 44:10
  With. I'm sorry, Sergeant, my
• 44:12
  apologies. OK.
• 44:13
  So defendant still owes a substantial sum of mine.
• 44:24
  Sentenced by Judge Hessen on the misdemeanor back on July 20 of
• 44:28
  23. He was sent a letter in May of
• 44:32
  24. Amy, could you tell me how much
• 44:35
  he owes on each of these, please?
• 44:37
  He owes 185 on the case ending in 090 and 399 in the case
• 44:44
  ending in 292. What is he going to do here,
• 44:48
  Council? I mean, he's had, he's had
• 44:51
  multiple opportunities. I hope he's got the money.
• 44:55
  It's been going on for three years.
• 44:57
  We've given him chance after chance after chance.
• 45:01
  If anything, we should be fault being so kind.
• 45:05
  So what is he going to do here? Your Honor, Mr. Little does
• 45:09
  acknowledge that he does owe this money to this honorable
• 45:12
  court. He, he is a single father of a 2
• 45:15
  year old. So is he going to plead guilty
• 45:18
  or is he going to? That's correct, Judge.
• 45:20
  We're prepared. Is that what you want to do, Mr.
• 45:22
  Little? Yes, yeah, that's, that's OK,
• 45:26
  Sir. If you plead guilty to failure
• 45:28
  to pay $399, you could get 90 days.
• 45:32
  Do you understand that? Yes, I have some I.
• 45:38
  Want to know if you understand that?
• 45:40
  You understand, yes and you also you also you said 185 on the
• 45:48
  other one, right, Is that right? Is that right?
• 45:53
  Amy? Amy.
• 45:56
  Yes, 18. 18. Why am I getting feedback over
• 46:01
  there? Why am I getting feedback over
• 46:03
  there? It's from Flat Rocks jail,
• 46:05
  judge. It's from Flat Rocks Jail,
• 46:07
  judge. Can you tell them to ask them to
• 46:09
  work on that, please, Sergeant. Work on that, please, Sergeant.
• 46:13
  I mean, I don't like to hear my voice that much.
• 46:15
  I don't like to hear my voice that much.
• 46:18
  I will let you know about it. If you plead guilty to failure
• 46:22
  to pay 185, you can get one day For every $10 owed, you could
• 46:25
  get 19, $10.00. So satisfy that full bike
• 46:28
  payment. Satisfy that full bike payment
• 46:31
  in full by serving the jail term or in part of the jail term, or
• 46:35
  in part by serving the jail term and understanding the jail term.
• 46:39
  Do you understand that? Yes, Sir.
• 46:41
  All right, OK, Now if you plead guilty again.
• 46:45
  Now, if you plead guilty again. Jeez, that's driving me crazy.
• 46:49
  If you paid $85, you'd only pay 100 on the civil infraction.
• 46:53
  You get 10. Dollars and fraction.
• 46:55
  You get $10 credit for each day served.
• 46:58
  Do you understand that? Do you understand that?
• 47:01
  Yes, Sir. So you'd only have to serve 10
• 47:03
  days, Do you understand that? To serve 10 days.
• 47:05
  Do you understand that? Yes, Sir.
• 47:07
  All right now, all right now, did the charge that you failed
• 47:13
  to pay 185 on the civil threat and how do you plead?
• 47:16
  How do you plead guilty? Did you fail to pay?
• 47:21
  You failed to pay. Yes Sir, I did.
• 47:24
  But. The charge you failed to pay 399
• 47:27
  charge you failed to pay on the driving wall suspend that was
• 47:29
  revoked that was reduced to allowing the licensed.
• 47:32
  Driver to drive. How do you plea licensed?
• 47:33
  Driver to drive? How do you plea guilty?
• 47:37
  Did you fail to pay on that? Did you fail to pay on that?
• 47:41
  Yes, Sir. Anybody force you to plead
• 47:43
  guilty or promise you anything to induce you to plead guilty?
• 47:46
  Promise you anything to induce you to plead guilty?
• 47:48
  No, Sir, please are accepted. You got a big problem here.
• 47:52
  Judge Hester was kind with you starting back in November of 23.
• 47:56
  I was kind with you starting back in July of 23.
• 47:59
  Back in July, you you hadn't paid.
• 48:02
  We show cars you had paid, but guilty to failure to pay 213.
• 48:06
  I said you would have paid $30 per week beginning July 21,
• 48:09
  9023. These had multiple payment plans
• 48:13
  set up with you. I told you if you didn't have
• 48:16
  the money to come talk to me. And here we are, three years.
• 48:20
  I hope you have this money. If you don't, you got a big, big
• 48:23
  problem. Don't you got a big, big
• 48:25
  problem? You have the money.
• 48:27
  You have the money. I have majority.
• 48:31
  Mr. Westmoreland, what do you? What would you like?
• 48:33
  Mr. Westmoreland, what do you? What would?
• 48:34
  Yes, Your Honor. Mr. Living Community Living
• 48:37
  Monroe. He's employed with Root Cuts LLC
• 48:41
  lawn care. Does acknowledge that he owes
• 48:43
  money. Does acknowledge that he owes
• 48:45
  money. Earlier, he is a single father.
• 48:47
  Earlier, he's a single father. I would just ask for one last
• 48:52
  time. I would just ask payment plan
• 48:53
  one last time. Payment plan.
• 48:55
  When he says he has a great majority, when he says he has a
• 48:58
  great majority, what is that? What?
• 49:01
  What can you make a payment? What?
• 49:02
  What can? You make a payment.
• 49:04
  I can I can pay like like 150 at least today.
• 49:10
  It's not the great majority. You owe the.
• 49:13
  Court $584 and you've had three years to pay.
• 49:18
  There's. Five, you've been given multiple
• 49:19
  opportunities. Been given multiple
• 49:21
  opportunities. I could probably come to police
• 49:27
  like 2 three, $400.00 Today I just had.
• 49:29
  I just don't know exactly what I have.
• 49:31
  When I was arrested in Monroe County, I had $150.00 in my
• 49:34
  pocket. So I'm just saying what I know I
• 49:36
  for sure have in my pocket. When are you going to grow up?
• 49:40
  When are you going to grow up? Sir, I'm not making excuses.
• 49:44
  I'm holding 100% accountability. I know I'm supposed to pay the
• 49:47
  money. Honestly I just I just completed
• 49:51
  in Rock County probation back in the May of last year and I take
• 49:54
  care of a son by myself. I'm currently homeless and I've
• 49:59
  been trying to get back in with that.
• 50:01
  I just want a place to live. I was staying in a hotel for the
• 50:03
  last three months me and my son. So I I work at True Cuts LLC.
• 50:10
  Who takes care of your son when you're at work?
• 50:12
  Takes care of your son when you're at work.
• 50:15
  I have my I have my mom, my mom takes care of him and then I
• 50:18
  have like family friends watch him here and there.
• 50:21
  And then I also have to pay them out of my wages of part time
• 50:24
  from that. So it's just I'm trying my best
• 50:27
  here, Sir. I'm not making excuses for it.
• 50:29
  I know I'm supposed to pay it, but I'm going to try my absolute
• 50:32
  best. I'm sorry.
• 50:33
  I didn't. I could have paid at least $10.
• 50:35
  I could have paid something. You are right about that and I
• 50:38
  apologize. My apologies for that.
• 50:40
  And yeah, I can, I can pay a few dollars.
• 50:43
  I have $26 on me in my. I thought you said 150.
• 50:49
  No, when I was arrested in the mineral, I had 150, but my
• 50:52
  girlfriend was there and that was the money we were using
• 50:55
  towards our rent for where we were staying at.
• 50:56
  So she had grabbed it. But I.
• 50:58
  Thought you said you were homeless.
• 50:59
  I thought you said. You were.
• 51:01
  Homeless. I am homeless.
• 51:03
  I I told you I just found a little spot to stay at.
• 51:06
  I literally just found it and that Lily was our first day.
• 51:09
  I'm not that's understandable. That's what I have, but.
• 51:19
  Have them bring it to the police station, text my court officer
• 51:26
  when he's done that, he has the money there, he's done that he
• 51:29
  has the money. And I go out of my way to figure
• 51:31
  out a way to help him. But he's got to grow up a lot,
• 51:34
  but he's got to grow. You can text John and let him
• 51:37
  know and we'll go from. There, John, and let.
• 51:38
  Him know and we'll go from there.
• 51:40
  I told you to come talk to me. I don't understand this.
• 51:43
  I understand people. You never gave us the courtesy.
• 51:47
  You never gave fun. A judge tested and apparently
• 51:50
  gave the judge a sob story on multiple occasions.
• 51:53
  Each time she gave you an extension, she gave you an
• 51:57
  extension. So that's it.
• 52:00
  You let us know when he's ready. He's got to have a lot more than
• 52:03
  $26. You're going to what's your
• 52:07
  question? You're going to what's your
• 52:10
  question? So, so say for instance, if
• 52:12
  someone could come in and pay like the the $400.00 bond that I
• 52:15
  was going to that I was supposed to be have instead of paying
• 52:18
  that four $4.00 bond, is it a way if they can pay like like
• 52:23
  3-4 dollars on the ticket itself?
• 52:25
  I'm going to help you if you, if you act like a don't act like
• 52:31
  the adults. Get them to bring your money.
• 52:33
  Get them to bring your money with you.
• 52:36
  You can't do what you're doing here, OK?
• 52:38
  You can't do what you're doing here, OK?
• 52:41
  Yes. So any questions?
• 52:43
  Do I just have them bring it to the police station?
• 52:46
  Yeah, have them bring it to the police station or you could even
• 52:49
  bring it up to the court or you could even bring it up to the
• 52:51
  court, but you're in custody until you can come up with some
• 52:55
  money. And I will work with you and I
• 52:58
  will work with you. Good luck.
• 53:01
  OK, let let. John know what if some
• 53:03
  protection bonds, please do talk to the chief or your IT guy or
• 53:07
  whoever Chief or your IT guy or whoever.
• 53:09
  Thank you. Thank you.
• 53:13
  All righty. Well, that was an echoing Judge
• 53:15
  McNally. Good morning once again,
• 53:17
  everybody. TCF live.
• 53:19
  I'll keep an eye on that court. Hopefully they don't have to go
• 53:23
  back to the jail anytime soon. Let's go down to Florida and do
• 53:28
  our almost daily check in with Judge Mercer.
• 53:31
  You're accused of one kind of DUI with damage to property and
• 53:33
  one kind of refusal to submit to DUI testing.
• 53:37
  I read the complaint this morning.
• 53:38
  I had the probable cause question.
• 53:40
  I sent that to the attorneys. Mr. McDaniel, are you wishing to
• 53:42
  raise that issue? I'm not the owner.
• 53:45
  OK. So for first appearance
• 53:47
  purposes, I only willing to stipulate the probable cause.
• 53:49
  Yes, Sir. Thank you.
• 53:51
  So the reason Mr. McDaniel would do that is even though there
• 53:54
  appears to be deficiencies in the complaint, they may be
• 53:56
  things they can be fixed, probably.
• 53:58
  Can they never say that you were the driver, but there were two
• 54:01
  officers involved and only one of them did a complaint.
• 54:03
  So it looks like the other one might have to supplement the
• 54:06
  complaint. But if I find probable cause, I
• 54:08
  can go ahead and dress your bond or your release status, Miss
• 54:10
  Roy. So we'll find there's
• 54:12
  stipulation of probable cause. Criminal history is not bad.
• 54:15
  A couple of things on there, but nothing that is extremely
• 54:19
  concerning. No.
• 54:20
  Prior to UIS, Mr. McDaniel, anything else I need to know
• 54:22
  about for bond purposes or conditional release purposes?
• 54:27
  Just that she's, you know, works locally, younger as a CNA and.
• 54:32
  Sean, guys, thank you, Mr. Mitchell.
• 54:37
  We'll leave it over to the court on the IF.
• 54:40
  She's a. Conditional release candidate,
• 54:42
  but no matter what we just want our conditions of no alcohol
• 54:45
  possession or consumption. This point I'm going to let you
• 54:48
  pay between a bond and a conditional release because of
• 54:51
  your history, your bonds, $2500 on each count.
• 54:53
  There are two counts. So that would be a total bond of
• 54:56
  $5000, cash or surety, the DUI with damage and the refusal to
• 55:00
  submit or I'm going to offer you a conditional release because
• 55:02
  your criminal history is so good.
• 55:05
  It's not, it's not great, but it's certainly not horrible.
• 55:09
  Yes, Sir. The conditional release or the
• 55:10
  bond would have a condition not possessed or consume alcohol.
• 55:13
  Yes, Sir. And you would also be given
• 55:16
  notice for your court date, which would be June 1st at 9:00
• 55:21
  AM. Ma'am, do you have any questions
• 55:23
  about the conditional release versus bond?
• 55:27
  Do I don't have to have any kind of money to get be conditionally
• 55:31
  released? That's right.
• 55:32
  You would, you would. There's a monthly fee, but it's
• 55:35
  not due. It's not due until a later date.
• 55:37
  It's $30.00 per month on conditional release it's
• 55:40
  usually. Cheaper than a bond?
• 55:42
  Yes, Sir. OK.
• 55:43
  That's what I'd like to do. I'm not going to be
• 55:45
  conditionally released, please, Sir.
• 55:46
  So let. Me tell you what's going to
• 55:48
  happen next, ma'am, 'cause they're going to let you use the
• 55:50
  phone. They're.
• 55:51
  Going to let you set up transportation if you wish.
• 55:54
  Then they're going to let you get dressed in your regular
• 55:56
  clothes. They're going to bring you to
• 55:57
  the courthouse because that's where the conditional lease
• 55:59
  office is at. You'll meet with conditional
• 56:01
  lease officer, they'll go over everything with you.
• 56:03
  They'll give you a chance to ask questions.
• 56:05
  Then you'll be free to leave. If you call friends or family,
• 56:08
  you can tell them you can be picked up at the courthouse in
• 56:10
  probably 30 to 45 minutes. And you also have a condition
• 56:13
  not to drive a motor vehicle unless you have a valid license.
• 56:17
  Your license with DUI is a lot of times it's unclear right now.
• 56:21
  So you need to check that out and find out for sure before you
• 56:24
  drive whether or not you have a license temporarily or not.
• 56:28
  It's a refusal, so. It's alleged to.
• 56:30
  Be a refusal. So they're, they're most likely
• 56:33
  DHS and B will start the suspension process, ma'am,
• 56:36
  whether it started now or not already.
• 56:38
  You need to talk to Mr. Goodson when you get here about that.
• 56:40
  He can ask you some questions about that.
• 56:42
  Do you have any questions for me?
• 56:44
  Just I'm hoping that I can get some sort of work license
• 56:48
  because I do home health CNA. I'm a self-employed home health
• 56:50
  CNA. And so that's that's basically
• 56:54
  I've talked to Mr. Goodson, I guess about that, yeah.
• 56:57
  Yeah, he's very knowledgeable about that.
• 56:58
  He knows much more about that than I do.
• 57:00
  OK. Yes, Sir.
• 57:01
  Thank you, Sir. Thank you, ma'am.
• 57:02
  Thank you, ma'am. Have a good.
• 57:03
  Day. You too.
• 57:04
  We have Foster Myers next, Mr. Myers.
• 57:14
  Good morning, Mr. Myers. You're here for first
• 57:15
  appearance. Accused of 1 count of criminal
• 57:17
  mischief. It it the?
• 57:20
  Officers use as a felony. Well, let me let me back up on
• 57:22
  Miss Froyne. We need to let the officer know
• 57:25
  the error anyway, even though this Mr. McDaniel, Steve played
• 57:28
  the probable cause. Please, Mr. Myers, in your case
• 57:32
  officer uses a felony statute, but he says misdemeanor in the
• 57:35
  charge section. So it appears that that he
• 57:38
  intended to charge you with a misdemeanor, just use the wrong
• 57:40
  statute. I'm asked Mr. Mitchell to let
• 57:42
  the officer know about that because I don't see a prior
• 57:45
  criminal mischief on your history and he doesn't say that
• 57:48
  you had one. So your your criminal mischief
• 57:50
  can be a felony if you have a prior.
• 57:52
  So as far as I'm concerned right now, you're accused of one kind
• 57:55
  of criminal mischief as a misdemeanor and one kind of
• 57:57
  petty theft for bond purposes. For first appearance purposes,
• 58:00
  there is probable cause. I'm going to appoint the
• 58:02
  publishers office represent you. You also have a child support
• 58:05
  issue, which we'll talk about in just a minute.
• 58:07
  And I'm going to ask you to listen to Mr. McDaniel.
• 58:10
  You all right? I spoke to Mr. Myers.
• 58:11
  And if you have no contest and the charges as listed, you
• 58:13
  understanding he'll be sent to 60 days in the county jail,
• 58:15
  restitution not to exceed $200. Yes.
• 58:18
  Sign US 2, waive 1 waivers, right to jury trial and call
• 58:20
  witnesses. You have one day jail credit.
• 58:22
  They'll resolve this case today. Thank you, Mr. Mitchell.
• 58:25
  Is that agreeable with the state?
• 58:26
  It is, Your Honor. Mr. Myers, did you hear that
• 58:28
  agreement? Yes, Sir, I have I have
• 58:31
  something to say. OK, Now I I took this 6 I agree
• 58:36
  with this 60 days because he said that if I don't agree with
• 58:39
  it later on, I'm they're going to charge this up to a felony.
• 58:43
  The the complaint as the officers uses a felony statute.
• 58:48
  Criminal mischief is only a felony if you have a prior.
• 58:50
  You would know better than any of us if you have a prior.
• 58:53
  I see a prior that was dismissed.
• 58:55
  If you have a prior conviction, let me let me clarify.
• 58:58
  So if you have a prior conviction, your second one can
• 59:00
  be a felony. There's one on there.
• 59:04
  Mr. McDaniel saw a prior conviction.
• 59:05
  I saw a prior conviction. OK.
• 59:07
  So I just looked at the criminal history.
• 59:09
  I didn't look at CCIS, which is a different system.
• 59:11
  So, you know, if you got a felony criminal history for not
• 59:14
  if you do, the state might take it to a felony.
• 59:16
  But the officer never says in the body of the complaint you
• 59:19
  have a prior. He doesn't say that.
• 59:21
  That's why I think he just I was in a hurry or something.
• 59:24
  But whether you take the off or not, the case will be over today
• 59:26
  if you do. But it's entirely up to you.
• 59:28
  I take. It all.
• 59:30
  Right. I'm going to accept your plea of
• 59:32
  no contest, Mr. Mitchell, I think I already asked you.
• 59:34
  It's agreeable with the state and.
• 59:36
  It is agreeable with the state so.
• 59:37
  Plea of no contest to 2nd degree misdemeanor criminal mischief as
• 59:41
  well as petty theft. I'm going to adjudicate you
• 59:44
  guilty those offenses. Mr. Meyer sentenced you to 60
• 59:46
  days on each case. Concurrent 370 court costs and
• 59:49
  fines only in Count 1. Restitution will be stipulated
• 59:52
  to in an amount as long as it's not in excess of $200, which is
• 59:56
  what the complaint alleges is less than that.
• 59:59
  Mister Myers, you do have that child support matter with a
• 1:00:01
  $5000 purge on it. But you'll see a hearing officer
• 1:00:04
  on that within the next couple of days.
• 1:00:06
  Maybe get that worked out if you can within 24 hours.
• 1:00:10
  So you'll see it today or tomorrow.
• 1:00:11
  You'll have a hearing on that. All right, all right.
• 1:00:15
  Have a good day, Sir. We have Brandon Calhoun.
• 1:00:29
  Calhoun. Good morning.
• 1:00:30
  Mr. Calhoun. You got a couple of issues.
• 1:00:32
  You have an out of county warrant out of Leon County in a
• 1:00:34
  felony case. It has no bond on it.
• 1:00:37
  And then in Jackson County you're accused of 1 count of
• 1:00:39
  obstruction, obstruction by the skies and one count of driving
• 1:00:41
  while license suspended or revoked.
• 1:00:43
  I'm appointing the public owners office to represent you.
• 1:00:45
  I'm telling you there is probable cause in the complaint
• 1:00:48
  and I'm going to ask that you listen to your attorney, Mr.
• 1:00:50
  McDaniel. All right, Your Honor, Miss
• 1:00:52
  Calhoun's mayor, if we have no contest and charge as listed
• 1:00:55
  understanding ever since 60 days in the county jail, one day jail
• 1:00:58
  credit wages right in the jury trial and call witnesses.
• 1:01:00
  And this resolved this case today was the fine.
• 1:01:04
  What's the fine? Court cost for that $400.00.
• 1:01:07
  Yes. Thank you, Mr. Mitchell.
• 1:01:09
  Is that all agreeable with the state?
• 1:01:10
  It is your honor, how many days credit?
• 1:01:12
  Does he have? 1.
• 1:01:13
  One OK. Mr. Calhoun, any questions about
• 1:01:16
  that agreement? No, Sir.
• 1:01:19
  Sir, is that the plea you would like to enter to resolve these
• 1:01:21
  charges? Yes.
• 1:01:23
  Is the is the are you I want to try to protect you from in Leon
• 1:01:27
  County if we can, because we normally do that is your Leon
• 1:01:30
  County AVOP. Yes.
• 1:01:32
  So, Mr. McDaniel, are you asking for that standard language that
• 1:01:35
  you'd like to request? Yes, Your Honor.
• 1:01:38
  So we're going to put a, we're going to put a clause in the
• 1:01:39
  sentence that says that that what's happening today cannot be
• 1:01:42
  used against you in a VOP proceeding.
• 1:01:44
  If they want to use the incident, they can do that.
• 1:01:47
  They can always do that, but they're not going to be able to
• 1:01:48
  use what happens today. If they want to use what
• 1:01:50
  happened today, I will let you withdraw what we're doing today.
• 1:01:54
  The reason we do that is, is go ahead and try to get our cases
• 1:01:57
  resolved. Otherwise, no one will ever
• 1:01:58
  plead it's on probation because it's going to hurt them.
• 1:02:01
  So they still might use the actual date of the incident and
• 1:02:04
  try to use that to violate your probation if you're on probation
• 1:02:06
  at that time. But they can't use what's
• 1:02:08
  happening today in court or I will let you withdraw this plea.
• 1:02:12
  Mr. Calhoun, when you get this sentence down to 10 days or
• 1:02:16
  somewhere in that neighborhood, they're going to go ahead and
• 1:02:17
  notify Leon County. Do you still want him?
• 1:02:19
  If Leon County says yes, they're going to say y'all can go ahead
• 1:02:22
  and come and get him. So you may actually do the last,
• 1:02:24
  the last week or so of this sentence in another jail, but
• 1:02:27
  that'll be the jail's decision to make sure that, you know, you
• 1:02:30
  serve the sentence even though it may not be here.
• 1:02:32
  Mr. Calhoun, there's no probation involved in this case.
• 1:02:35
  You finish this case, you'll put this all behind your here.
• 1:02:37
  Any questions, Sir? No, Sir.
• 1:02:40
  Wish you the best, Mr. Calhoun. We have Chad Gates next.
• 1:02:49
  Mr. Gates. Good morning.
• 1:02:49
  Mr. Gates. You're here for first appearance
• 1:02:51
  accused of one count of principle, the trafficking and
• 1:02:54
  methamphetamine 1 count of principle, the possession of
• 1:02:56
  cannabis with intent to distribute.
• 1:03:00
  Is the principle in the. Situation for all I'm just
• 1:03:03
  thinking through that principle to possession interesting one
• 1:03:07
  count of principle to introduction of contraband.
• 1:03:11
  So there's probable cause for the charges that Mister
• 1:03:16
  McDaniel. This is another one the Mr.
• 1:03:18
  Mitchell, if you notify the the officer.
• 1:03:20
  Yeah, I'll let him know. Contraband in the prison system
• 1:03:23
  the the type of substance determine the degree of the
• 1:03:26
  crime. If it's food or clothing, it's a
• 1:03:28
  third degree felony. Almost anything else is a second
• 1:03:30
  degree felony. So the the body of the warrant
• 1:03:33
  says marijuana, but the are meth one of the other.
• 1:03:38
  But the statute they referred to as the food or clothing statute,
• 1:03:42
  the third degree felony. So he's actually the warrants
• 1:03:45
  little confusing that they'll get it fixed hopefully when they
• 1:03:47
  file the information or if they file information.
• 1:03:49
  So Mr. Gates, you've got 3 felony charges.
• 1:03:52
  Regardless, I think you're entitled to a bond.
• 1:03:55
  Mr. Mr. Mitchell also has a announcement that he notified
• 1:03:58
  Mr. McDaniel and I of this morning by text.
• 1:04:00
  Is that right, Mr. Mitchell? Yes, your Honor, give me just a.
• 1:04:03
  2nd. Seeing if Mr. Gill can work on
• 1:04:09
  getting in touch with the officer to amend the complaint
• 1:04:11
  right quick. Yes, Your Honor, the state has
• 1:04:14
  filed A Nevia motion in this present case.
• 1:04:18
  Given the fact that he is a principle to a trafficking
• 1:04:21
  offense and a controlled substance which was suspected to
• 1:04:24
  be methamphetamine, almost 90 grams of it.
• 1:04:28
  We are requesting the court to hear the Nevia motion today and
• 1:04:33
  if we want to go forward on it today.
• 1:04:35
  I don't know if you make a bond, so I don't know any matters.
• 1:04:39
  OK, so first of all, I don't know.
• 1:04:41
  I don't know. The complaint has an error.
• 1:04:42
  The warrant does have an error. Warrant.
• 1:04:44
  Yeah. So Mr. Gates, I'm going to go
• 1:04:48
  ahead and set you a bond. If you try to post bond or if
• 1:04:51
  you desire to post bond and get the ability to post bond, that's
• 1:04:53
  when Judge Garcia most likely would have a a hearing to the
• 1:04:57
  term of the sources of those bond.
• 1:04:59
  There's usually pretty short hearing.
• 1:05:00
  Somebody comes forward and says I want to post bond for him.
• 1:05:03
  Here's where the money's coming from.
• 1:05:04
  It's not the result of illegal drug proceeds.
• 1:05:07
  It's usually pretty short hearing.
• 1:05:09
  So your bond on the trafficking is going to be $50,000.
• 1:05:11
  Your bond on the other two charges will be $5000 each.
• 1:05:16
  Your total bond today, Mr. Gates, is $60,000.
• 1:05:18
  That's cash or surety. You got a condition random.
• 1:05:22
  Your analysis is part of the bond.
• 1:05:24
  There is a temporary hold placed on you for the Nebia motion
• 1:05:28
  that's been filed to determine the source of any bond proceeds.
• 1:05:31
  So if you do desire to post bond, you would, your family
• 1:05:34
  would contact the publishers office immediately or your
• 1:05:36
  lawyer's office if you hire an attorney and they would schedule
• 1:05:39
  that hearing. Do you have any questions, Sir?
• 1:05:41
  No, Sir. Your Honor.
• 1:05:43
  Sir. We would also request a
• 1:05:46
  condition that he have no contact with the Co defendants
• 1:05:48
  in this case. What is the relationship?
• 1:05:51
  The legal relationship. One of them is his mother, the
• 1:05:54
  other is his stepmother. I think they're both in custody
• 1:05:58
  of the jail right now. So, Corporal, neither of them
• 1:06:02
  have posted bond? No.
• 1:06:03
  They're still here. They're still here.
• 1:06:05
  OK, so let's just clarify the the jail will keep them apart,
• 1:06:09
  obviously, because they're male and female.
• 1:06:11
  The jail will keep them apart regardless, right, Corporal?
• 1:06:14
  Correct. So in the event in the event
• 1:06:18
  they multiple people post bond, are you really want me to keep
• 1:06:22
  him away from his mother? Given the fact that their their
• 1:06:26
  cases are so entwined and entangled, we would still
• 1:06:30
  request yes. Mr. McDaniel, I would just, you
• 1:06:34
  know, argue that this is mother and his stepmother.
• 1:06:36
  I you know, I think they you got to have some kind of family
• 1:06:40
  members to talk to about stuff. And if there's some kind of
• 1:06:43
  conspiracy going on, then the state can charge them with it or
• 1:06:46
  something. But I mean, no contact with your
• 1:06:48
  mom and stepmom seems kind of. Yeah, I think that's a little
• 1:06:52
  over broad. What I'm going to do is deny
• 1:06:53
  that request at this time. Now, Mr. Mr. Mitchell, if
• 1:06:56
  someone post bond and you want to file a written motion at that
• 1:06:58
  time, the only way it will become relevant is if more than
• 1:07:02
  one of them post bond and they've been there for months.
• 1:07:05
  This incident was happening sometime in the fall and haven't
• 1:07:08
  posted bond now, so it's a good chance you're not going to be
• 1:07:10
  able to. But in the event the state wants
• 1:07:13
  to file a written motion for myself or Judge Garcia to hear
• 1:07:15
  that certainly will consider it. But given that I used to don't
• 1:07:18
  prohibit family members or husband and wife, sometimes even
• 1:07:22
  boyfriend and girlfriend from having contact, just friends, I
• 1:07:25
  will. But family's a little different
• 1:07:28
  for reasons Mr. McDaniel has stated.
• 1:07:29
  Someone deny that request now, but that may come back up later.
• 1:07:34
  Anything else, Mr. Mitchell? You said random U as I did.
• 1:07:38
  No, that's it, Your Honor. All right, Mr. Gates, any
• 1:07:40
  questions? No, Sir.
• 1:07:42
  All right, Sir. I wish you the best.
• 1:07:45
  Christopher. We have Christopher Wright.
• 1:07:56
  Mr. Wright. Good morning, Mr. Wright.
• 1:07:57
  You're here for two issues. You have a failure to appear
• 1:07:59
  warrant out of Gulf County. That's a possession, drug
• 1:08:04
  paraphernalia in possession. The meth charge they have as no
• 1:08:06
  bond in Jackson County. You're accused of 1 count of
• 1:08:11
  failure to appear in case 26-62 CT The charges leaving the scene
• 1:08:15
  of an accident without giving the required information in the
• 1:08:18
  Jackson County case. I'm telling you there's probable
• 1:08:20
  cause. I'm appointing the Public
• 1:08:21
  Centers office to represent you, and I'm going to ask you to
• 1:08:23
  listen to Mr. McDaniel. Your honor, I spoke to Mr.
• 1:08:27
  Wright. We're going to plea with no.
• 1:08:28
  Contest the charges listed, you understand it'll be sentenced to
• 1:08:30
  60 days in jail, 8 days jail credit, $408 fine and this will
• 1:08:35
  resolve this case State wait for this right to through trial and
• 1:08:37
  call with you. Thank you.
• 1:08:40
  Mr. Mitchell, is that all OK with the state?
• 1:08:41
  Yes, Sir. 8 days credit, OK. Yeah, that is agreeable with the
• 1:08:45
  state. Mr. Wright, did you hear that
• 1:08:46
  agreement? Yeah, I was.
• 1:08:48
  I was in the county jail in Bay County since March the 12th.
• 1:08:53
  Is that since March? No, since you got, since you put
• 1:08:57
  out. Yeah, the time I noticed you had
• 1:09:00
  a local charge there. So the time that you're there
• 1:09:03
  for them, they give you credit for, but you get credit for the
• 1:09:06
  time you finish, they release you and we if it takes 8 days
• 1:09:09
  for us to pick you up, you get credit for that.
• 1:09:11
  So that's what you get credit for, not the time you're sitting
• 1:09:13
  there on their charge. That makes sense.
• 1:09:15
  OK, Yeah. Yeah, is this.
• 1:09:17
  The plea you would like to enter, Sir.
• 1:09:19
  Yeah. Right.
• 1:09:21
  I'm telling your plea of no contest to this charge.
• 1:09:25
  I love leaving the scene of an accident.
• 1:09:27
  I'm going to adjudicate you guilty sentence you to 60 days
• 1:09:30
  in jail, 8 days credit, 408 dollars, court costs and fines.
• 1:09:33
  Mr. Right. There's no probation involved in
• 1:09:35
  this sentence. And similar to the other case
• 1:09:37
  that you heard me do, when you get down to about 10 days, our
• 1:09:40
  jail will go ahead and notify Gulf County and see if they
• 1:09:42
  still want you and if they do, to go ahead and pick you up.
• 1:09:45
  So you may actually finish this sentence while in their jail.
• 1:09:48
  Mr. Right. You have any questions?
• 1:09:50
  Yeah, we should have been. Madam Cler.
• 1:09:58
  Corporal, apparently I didn't give Mr. Gates coordinate.
• 1:10:01
  Please give. Please give him a notice for
• 1:10:03
  June 1st, 2nd, June 2nd. Mr. Gates.
• 1:10:06
  Corporal, if you give him a notice for June 2nd at 8:30,
• 1:10:08
  please. Thank you to Carrier Smith, Mr.
• 1:10:12
  Smith. Good morning, Mr. Smith.
• 1:10:14
  Got a violation? Good morning.
• 1:10:15
  You've got a violation of probation warrant.
• 1:10:17
  I've got a copy in front of me. It looks like a no bond warrant
• 1:10:20
  by Judge Garcia. What I'm going to do is go ahead
• 1:10:23
  and arraign you this morning. I want to get you a lawyer
• 1:10:25
  appointed. So if you want an attorney
• 1:10:26
  appointed to represent you, that is, we'll get a lawyer
• 1:10:28
  appointed. Do you want one appointed to
• 1:10:30
  represent you, Sir? Yes, Sir.
• 1:10:32
  Mr. Smith, I'm going to appoint the public attendance office of
• 1:10:34
  the 14th Circuit represent you. Listen to Mr. McDaniel, please.
• 1:10:38
  You got to interplete not guilty as I said this in the June 16th
• 1:10:41
  pretrial docket. And then I'll let Mr. Blunt know
• 1:10:44
  that he's over here and see him there.
• 1:10:47
  Thank you. Mr. Mitchell.
• 1:10:48
  Anything? No.
• 1:10:49
  Your Honor. So, Mr. Smith, someone will see
• 1:10:51
  you at your court date or before.
• 1:10:53
  Do you have any questions, Sir? I was there.
• 1:10:56
  Have a good day, Sir. You.
• 1:10:57
  Too. Thank you.
• 1:11:01
  He was already on there. For a free trial for 25227.
• 1:11:04
  And last, we have Tyus Pender. Mr. Pender, you have a Yeah.
• 1:11:09
  I'm sorry, Miss Pender, you have a Walton County hole.
• 1:11:14
  You have a. Walton.
• 1:11:15
  County Hole with no bond and it looks like your bond has been
• 1:11:18
  revoked in Jackson County. She's got a hearing May 19th in
• 1:11:23
  that case. That's already been resolved.
• 1:11:24
  It's not resolved, but it's Walton County.
• 1:11:27
  It's a whole. All right.
• 1:11:28
  Just pander. Any questions?
• 1:11:30
  That's it all. Right.
• 1:11:31
  Have a good day, ma'am. Mr. McDaniel, That's everything
• 1:11:37
  I have on my list. Anything else I may have missed?
• 1:11:40
  Nothing. Else I'd be.
• 1:11:41
  Just one issue as. The record.
• 1:11:43
  Our office. OK.
• 1:11:46
  All right, they're wrapping up there with Wade Mercer.
• 1:11:48
  Good morning once again, everybody.
• 1:11:50
  TCF live on a Tuesday. Hopefully it's not a second
• 1:11:54
  Monday for at least the majority of you.
• 1:11:56
  Glad to have you all here with me today.
• 1:11:58
  Let's go to Texas Judge W to say good morning to her.
• 1:12:05
  Good morning, Sir. It's Azarian Adams.
• 1:12:08
  This is 23 DCCR 0492 and 0493. TRP.
• 1:12:17
  Announcement on both cases, correct?
• 1:12:20
  What's the announcement? They've made an offer, but we're
• 1:12:24
  going to need a hearing. OK.
• 1:12:28
  So did we already go through the motion?
• 1:12:32
  Did. Are we did we start going
• 1:12:35
  through it and then stop? Because I didn't make any
• 1:12:37
  notations of the leads of true or not true, I don't think.
• 1:12:41
  Like any onions? Neither.
• 1:12:42
  What we did was ultimately we truly do all the violations
• 1:12:47
  except the new allegations, which were the misdemeanors and
• 1:12:49
  you said no, we've got to do them all.
• 1:12:52
  So we should out. There's two misdemeanors there,
• 1:12:54
  I think 1's. Shooting.
• 1:12:56
  OK. I mean, and I wouldn't have
• 1:12:58
  said, I mean, I guess as far as an agreement goes.
• 1:13:01
  Well, we were doing a lot of work, but.
• 1:13:04
  Did not. It it did bleed through the
• 1:13:06
  accounts 3456 and 8. And it would.
• 1:13:09
  Reset for an update. Something happened and we
• 1:13:13
  stopped because I didn't make the notations and we didn't.
• 1:13:16
  Get it updated. And so let's start back from
• 1:13:18
  scratch. We'll go to the motion it please
• 1:13:20
  it true or not true, and then we'll reset it for a year.
• 1:13:24
  No, ma'am, I'll take care of. It Oh, there's two.
• 1:13:30
  The second one at least. OK so Mr. Adams best you can
• 1:13:34
  raise your right hand please do you swear affirm the testimony
• 1:13:37
  you're going to give in this hearing will be the truth, the
• 1:13:38
  whole truth and nothing but the truth.
• 1:13:41
  Thank you can put your hand down and will your client with the
• 1:13:43
  formal reading of the motion in each case.
• 1:13:46
  So Mr. Adams and cause #23 DCCR 0492 I have a motion to revoke
• 1:13:51
  your unadjudicated probation shows that you were placed on
• 1:13:55
  probation September 26th, 2023 for the third degree felony
• 1:13:59
  offense of deadly conduct discharging a firearm and that
• 1:14:03
  was a five year deferred probation, is that correct?
• 1:14:07
  And then? In clause number 23, BCCR 0493,
• 1:14:11
  I also have a motion to revoke your unadjudicated probation.
• 1:14:14
  This also shows you were placed on probation September 26th of
• 1:14:18
  2023 for deadly conduct and that was also a five year deferred
• 1:14:21
  probation. Is that correct?
• 1:14:23
  Both of these cases allege that you violated your probation.
• 1:14:27
  Count 1 in each case alleges that you committed the offense
• 1:14:30
  of fleeing a police officer December 6th of 2025.
• 1:14:34
  Is that true or not true? Count 2 in each case alleges
• 1:14:38
  that you committed the offense of unlawful carrying a weapon
• 1:14:41
  December 6th of 2025. And is that true or not true?
• 1:14:44
  Not true? Count 3 in each case alleges
• 1:14:47
  that you failed to avoid persons or places of disreputable or
• 1:14:50
  harmful character and that on December 6th of 2025, the
• 1:14:55
  arresting officer stated that the vehicle operated by you and
• 1:14:59
  occupied by two passengers admitted the distinctive smell
• 1:15:03
  of burnt marijuana. Is that true or not true?
• 1:15:06
  Count 4 alleges that you failed to immediately report your
• 1:15:09
  arrest to the probation department.
• 1:15:11
  Is that true or not true? That's true.
• 1:15:13
  Count 5 alleges that you failed to provide verification of
• 1:15:16
  performing the community service hours is ordered in each case.
• 1:15:19
  Is that true or not true? Yes, not true.
• 1:15:23
  OK, Count 6 alleges that you were at a location other than
• 1:15:27
  your residence at approximately 11:23 PM December 6th of 2025.
• 1:15:32
  And is that true or not true? Count 7 in each case alleges
• 1:15:36
  that you were in possession of a firearm by having three pistols
• 1:15:41
  located on the back driver side seat concealed under a black
• 1:15:44
  jacket in the vehicle that you were driving.
• 1:15:47
  Is that true or not true? And Count 8 alleges that you're
• 1:15:50
  behind in your court assessed fees as of December 8th of 2025
• 1:15:57
  in cause number O493 in the amount of $540 and in cost
• 1:16:02
  number O492 in the amount of $2942.
• 1:16:07
  Is that true or not true? Did you enter your pleas of true
• 1:16:11
  in each case, the counts 4, six and eight freely and
• 1:16:17
  voluntarily? I'm sorry.
• 1:16:19
  And did you plead true to those accounts because they're
• 1:16:21
  actually true? All right, then I'm going to
• 1:16:23
  find those accounts true, find that you entered your pleas
• 1:16:26
  freely and voluntarily, find sufficient evidence in each case
• 1:16:29
  to revoke your probations and find you guilty.
• 1:16:31
  But I am going to reset this case for a hearing.
• 1:16:35
  Do you anticipate, I guess, a little bit of time on this one
• 1:16:38
  with witnesses? Thanks so much, Judge.
• 1:16:41
  There's nothing. Offenses.
• 1:16:42
  I'm sorry, an hour. OK, so we'll get it set for a
• 1:16:46
  hearing. I'll get updated pre sentence
• 1:16:48
  report and OK, we'll do it on a a different day than a document
• 1:16:54
  day then. All right, you can go back with
• 1:16:56
  the bailiff. Yes, thank you, Mr. Adams.
• 1:17:07
  That's everything. See is Mr. Cashin and Mr. Johns
• 1:17:14
  and Larry Fitzgerald Williams. Good morning.
• 1:17:19
  I haven't heard from this. Just a couple of housekeeping
• 1:17:22
  matters and we need it. All right, let's wait for the
• 1:17:24
  defendant. Good morning.
• 1:17:28
  You're Larry Fitzgerald Williams, and this is clause #25
• 1:17:32
  DCCR 0985 and 24 DCCR 1790. Mr. Williams is charged with
• 1:17:40
  capital murder as well as aggravated assault causing
• 1:17:43
  serious bodily injury. And what is the announcement?
• 1:17:46
  Passion. We need to take care of some
• 1:17:50
  housekeeping matters because the last time we were here, you had
• 1:17:54
  ordered the state to provide us with enough written notice
• 1:17:58
  whether they're going to seek the death penalty and nothing.
• 1:18:02
  Yesterday afternoon when I left my office, I had got nothing
• 1:18:05
  from the States as to whether or not they're going to seek the
• 1:18:08
  death penalty. And I would like that
• 1:18:12
  information as soon as possible and in importance.
• 1:18:15
  With the order that you get. Job snatch state's not second
• 1:18:19
  death penalty judge OK if you'll get that in writing to Mr. Cash.
• 1:18:23
  And so he has it for his file that way we can he gives him the
• 1:18:27
  opportunity to know how to move forward.
• 1:18:29
  I'd like to get this case if it's going to be a trial tried
• 1:18:31
  before the end of the year. And so I want to agree and there
• 1:18:36
  are some other issues, Your Honor, back when we first came
• 1:18:40
  to court, I had filed a motion of why she indict because the
• 1:18:44
  indictment, but when I understood was incorrect because
• 1:18:48
  it was under a wrong provision and it was for retaliation
• 1:18:54
  against the judge. And that has they have not
• 1:18:59
  corrected that in that that indictment.
• 1:19:04
  Just let me pull that. So I think we've discussed this
• 1:19:08
  and and it's only the the heading which is not
• 1:19:12
  substantive. Obviously the substantive part
• 1:19:14
  of the indictment is what the actual charge is, which is the
• 1:19:18
  retaliation against Mr. Lewis. It's the indictment itself is
• 1:19:25
  not going to be washed because of a what's ultimately a
• 1:19:30
  typographical area in the in the top.
• 1:19:32
  I do think it's clean. Or for the.
• 1:19:35
  Record if you want to make an oral amendment, I think that's
• 1:19:37
  something we can do today. I think it needs to be correct
• 1:19:42
  as well. And it's not a 10.
• 1:19:43
  I can't remember which one it is, but I know we had this
• 1:19:46
  conversation. Do you remember which one it is
• 1:19:49
  in the? Very.
• 1:19:49
  Beginning. Well, I left that file in my
• 1:19:52
  office. That's all right.
• 1:19:53
  I can figure it out. State 19, 19-O. 318I mean.
• 1:20:02
  That is correct. That is correct. 19-O. 19/03/18
• 1:20:06
  is correct. It is.
• 1:20:08
  There was something that I do recall us having a conversation
• 1:20:12
  about, but well, it says murder for retaliation, Judge justice.
• 1:20:16
  I mean, that's that to be interlineated, but the number's
• 1:20:21
  actually correct. That's.
• 1:20:22
  That's the OK that need to be done in here.
• 1:20:26
  Any object make an oral motion to, we would make an oral motion
• 1:20:30
  to strike that OK and hold on any objection to that.
• 1:20:35
  No, you aren't all. Right.
• 1:20:36
  Give me just a second to get it done.
• 1:20:37
  Before. I move.
• 1:20:38
  On it doesn't want to give me that option.
• 1:20:41
  That's weird and we need to would you make a note on a
• 1:20:44
  ticket? For some reason, the one thing
• 1:20:47
  that I need, which is the interlineation thing is not
• 1:20:50
  letting me do it and it has in the past.
• 1:20:53
  I'm just going to print it. Yes, and we'll do it that way.
• 1:20:56
  OK, what else? We recently got an e-mail from
• 1:21:00
  Mr. Smith about some discovery and I bought a one KB or I mean
• 1:21:08
  112 byte drive to be copied the information that he's referring
• 1:21:15
  to. OK.
• 1:21:16
  And so I would like that then I have a motion to change venue
• 1:21:20
  right here. But I need to get.
• 1:21:23
  Mr. Williams to sign his affidavit and it will be filed
• 1:21:27
  this morning. OK, so with regard to discovery,
• 1:21:31
  y'all can take care of that. I don't need to get involved in
• 1:21:34
  that. And then once if something is
• 1:21:38
  filed with regard to a change of venue, I'll get that set for a
• 1:21:42
  hearing within the next few weeks.
• 1:21:44
  Obviously, that's something we'll need to get taken care of
• 1:21:46
  so everybody can plan ahead on what we're doing.
• 1:21:50
  So once it's filed, I'll give everybody an opportunity to get
• 1:21:53
  ready and we'll get something set, I would say within two or
• 1:21:56
  three weeks. Thank you, ma'am.
• 1:21:58
  OK, Anything else? That's it for now.
• 1:22:00
  OK. All right, if you'll, you can,
• 1:22:02
  I'll, if you need him to sign that in front of Notary.
• 1:22:08
  If you can step over here in front of the clerk, she'll take
• 1:22:10
  care of that. Thank you very much.
• 1:22:12
  Thank you, Jeff. Thank y'all, she's gonna go get
• 1:22:15
  her notary no lease. All right, friends, we'll come
• 1:22:20
  back to Judge W after she's lined up another contestant.
• 1:22:23
  But let's change it up. Let's go up to Newaygo County,
• 1:22:26
  Michigan. This is Judge Springstead.
• 1:22:28
  Yesterday to 24 months the Michigan Department of
• 1:22:32
  Corrections was the pre sentence investigation report time to be
• 1:22:36
  available to the parties? What?
• 1:22:37
  Was your honor. You know, I just received a
• 1:22:39
  supplement yesterday and yeah, I was able to get it to my my
• 1:22:43
  client yesterday, but we haven't reviewed yet.
• 1:22:45
  It has to do with restitution closely.
• 1:22:48
  Mr. Robert. It's possible, Your Honor, I, I,
• 1:22:52
  I don't dispute. We gave that to her.
• 1:22:55
  I'm not sure when we're sending out the supple fence.
• 1:22:57
  You need to go over that with Mr. Cartman.
• 1:23:04
  I know next week's the trial week so I guess 2 weeks.
• 1:23:09
  June. 16th at 11:00. You agree with that Mister Car,
• 1:23:19
  right? One more time to talk with Miss
• 1:23:20
  Frisby about the restitution. Issue.
• 1:23:21
  Yes, Sir. You understand that, that you're
• 1:23:25
  not going to get credit against this case from now until.
• 1:23:28
  That. Next time because.
• 1:23:29
  You're already been. Sentenced in that other case, so
• 1:23:32
  it cost you a couple weeks worth of credit.
• 1:23:34
  OK. All right.
• 1:23:37
  I don't want, I think victims have arrived in this case.
• 1:23:40
  I prefer not to make them come back.
• 1:23:42
  Is there any way the court would at least consider that a lot of
• 1:23:44
  them to make a statement if they wish for the whole thing
• 1:23:46
  everywhere, that's fine with me. I I don't know who's here.
• 1:23:50
  I have I'm just getting emails from staff.
• 1:23:52
  I know I have 5 people that returned victims rights on this
• 1:23:57
  all right. Is there anybody here that was a
• 1:23:58
  victim with Mr. Cartwright that wants to address the court today
• 1:24:02
  all. Right.
• 1:24:04
  Come on man. Start out with your name.
• 1:24:09
  Oh, I'm Valerie Richard and I'm the treasurer of HOA Hess Lake
• 1:24:15
  Hills HOA and Mark Tristan broke into our mailboxes and then the
• 1:24:23
  post office deemed them secure. So we had to buy a new post box
• 1:24:30
  cluster and that was $2400 and and 63 cents or something.
• 1:24:40
  And because the old cluster was put in over 25 years ago, the
• 1:24:47
  post office made us come to today's standards before we were
• 1:24:52
  grandfathered in. It's right by the road.
• 1:24:55
  And so to come to post office standards, we had moved the box
• 1:25:02
  back and pour a slab and put in two boulevards to prevent
• 1:25:08
  anybody from driving up to the mailbox.
• 1:25:12
  And that bill was $15165 and the grand total was 4027 and 54
• 1:25:22
  cents. And that is a big fight out of
• 1:25:28
  our budget being we only have 11 households.
• 1:25:32
  We pay $600 a year each household so 6600 to work with
• 1:25:38
  to pay for our dumpster, our electric, the the street lights
• 1:25:45
  and the gate and and the plowing.
• 1:25:50
  Because we're a private road that is pretty much covers it.
• 1:25:57
  We have to do our own maintenance on our Rd.
• 1:25:59
  Because it's a private road, we have to pay for our plowing on
• 1:26:03
  the road. Because it's a private road, we
• 1:26:06
  need some repairs on the road. And pretty much that money was
• 1:26:12
  savings for a section of our Rd. I got an estimate to do just one
• 1:26:20
  section of our road and we didn't have enough money so we
• 1:26:23
  couldn't do it. So we were saving and then when
• 1:26:28
  Tristan here broke into our box, that pretty wiped out our road
• 1:26:33
  thing and I came here to court because I didn't want this to be
• 1:26:37
  brushed under the rug. I'd really like restitution for
• 1:26:42
  what he's caused. Not to mention the duress with
• 1:26:46
  all every member has to go to the post office to pick up their
• 1:26:50
  meal every day or three times a week or whatever they can
• 1:26:55
  schedule for the young families. That's been really bad because a
• 1:27:01
  work day shift and their go to work before the post office is
• 1:27:05
  open and by the time they get off work and get to the post
• 1:27:09
  office it's closed. So they're in even worse
• 1:27:13
  condition than me. Like me, I'm a retiree so I'm
• 1:27:18
  more free on my schedule, but it's been very bad.
• 1:27:24
  And this has been going on since before Christmas and Christmas
• 1:27:28
  around Christmas time and right after was the worst because the
• 1:27:33
  post office is quite busy. So you could end up waiting 1/2
• 1:27:38
  an hour in the post office in line for your turn to receive
• 1:27:42
  your mail. So I mean, it's just wrong that
• 1:27:47
  he's caused us all this grief. And I want the judge.
• 1:27:51
  I want you to tell him he has to pay and put a time limit on it
• 1:27:56
  because we need those funds to operate our HOA.
• 1:28:01
  And that's what I wanted to say today.
• 1:28:04
  So in the in the sentencing report they had down that the
• 1:28:11
  Hess Lake Hills Association is requesting restitution for
• 1:28:17
  $5102.54. That's not correct.
• 1:28:23
  OK, so you you're sure that the complete number is 4 thousand
• 1:28:27
  4027 and 54 cents? OK all.
• 1:28:30
  Right. All right.
• 1:28:31
  The cluster was 246254 and the cement job was 1565.
• 1:28:39
  OK, we've got that. So the court is going to order
• 1:28:42
  that he pay restitution, but the problem is he's going to prison.
• 1:28:46
  He's going to go to prison for a couple years.
• 1:28:50
  They do make a. Little bit of money in prison,
• 1:28:51
  but I mean like $0.10 an hour, $0.15 an hour, so that you may
• 1:28:57
  get a little bit of restitution over the next couple of years,
• 1:29:01
  but not very much. Then when he gets out, then we
• 1:29:05
  can start some collection processes in earnest.
• 1:29:10
  But realistically, unless he's got, you know, some family
• 1:29:14
  members or somebody that's willing to step up for him, it's
• 1:29:17
  going to be probably 4 years before you see this money back.
• 1:29:21
  Well. I just didn't want it getting
• 1:29:24
  swept under the carpet because it's very important for our
• 1:29:27
  little association. You know, we have expenses and
• 1:29:32
  and this was really bad, you know, this was not counted for
• 1:29:37
  and I understand that. So another possibility that you
• 1:29:41
  may have. Looked at is.
• 1:29:42
  You know if you have some common area insurance.
• 1:29:47
  Maybe. Insurance.
• 1:29:49
  Could cover. This.
• 1:29:50
  We do not. There's no common area.
• 1:29:53
  In fact, the address that we use is my address because I'm the
• 1:29:57
  treasurer. So the bills come my personal
• 1:30:00
  address. All right.
• 1:30:02
  Thank you for coming today and sharing how this is impacted.
• 1:30:06
  OK. Thank.
• 1:30:08
  You, ma'am, do I get anything from the court that says that
• 1:30:12
  he's still ordered so that if he doesn't pay, Yeah, you can get
• 1:30:15
  a, you can get a judgement sentence that indicates what
• 1:30:18
  he's ordered to pay. The payments will be tracked
• 1:30:25
  through my court. And soon as he gets out of
• 1:30:29
  prison, we'll bring him in and let us know where he's working
• 1:30:33
  and what his planned roof pay is, and I'll get as much money
• 1:30:37
  per month as I can. Out of him.
• 1:30:39
  OK, but could be a while. Yes, I I understand, but I, I
• 1:30:45
  felt if I didn't come, you know, nothing might be good done.
• 1:30:50
  All right. Thank you for coming.
• 1:30:51
  Ma'am. OK.
• 1:30:52
  Thank you. Is there?
• 1:30:53
  Anybody else on the? Cartwright case that wants to
• 1:30:56
  address the court. OK.
• 1:30:59
  All right. So.
• 1:31:02
  I. Guess they gave you the new date
• 1:31:03
  already. Right.
• 1:31:04
  OK. All right.
• 1:31:04
  That's awesome today. Okie Dokie friends, about
• 1:31:08
  halfway through our Tuesday show today already.
• 1:31:11
  Once again, as I pointed out yesterday, time flies, whereas
• 1:31:15
  my father used to say time is fun when you're having flies.
• 1:31:19
  Not exactly sure what he meant by that.
• 1:31:21
  Let's go back to Texas. Judge Stevens this time there's.
• 1:31:27
  Guys, remember your friends if you do that, yeah, I'll see you
• 1:31:31
  maybe. Like I don't.
• 1:31:34
  Understand this. OK, I have, I'm looking at 3
• 1:31:44
  cases, 485 CR 367, which is operating a motor vehicle while
• 1:31:51
  intoxicated. Third or more, it's awful.
• 1:31:53
  These are that, but this one was indicted over a year ago.
• 1:31:58
  Then there's there's been no, we have an issue.
• 1:32:02
  No, don't see any resettings at all.
• 1:32:05
  This is a brand new resetting, but it was over a year ago.
• 1:32:09
  Then July of last year a second DWI rolls around 3rd and then
• 1:32:16
  here April first this year last month 1/3 DWI rolls around.
• 1:32:24
  Why has it taken so long for him to show up in court?
• 1:32:30
  I'm asking you where have you been traveling around or what?
• 1:32:33
  Oh, no, Sir. Well, you picked up three
• 1:32:37
  separate DW is on different occasions.
• 1:32:40
  Do you know that? Do you know that or or you're
• 1:32:44
  you're not aware of this? Yes.
• 1:32:47
  OK, you've been arrested three times and you were indicted.
• 1:32:51
  One of these is September of 23. We're going on three years.
• 1:32:56
  Gosh. And nothing had been done.
• 1:32:59
  Where do you live? 10.
• 1:33:03
  Five, Yeah, there it is. You were.
• 1:33:04
  I have these addresses as Windermere.
• 1:33:06
  Yes. Windermere.
• 1:33:10
  But that's where you live. Yes.
• 1:33:12
  You didn't know you had that. A case pending three years for
• 1:33:16
  three years. Nobody even tell.
• 1:33:18
  Me. No.
• 1:33:19
  Somebody supposed to tell. Weren't you arrested three
• 1:33:23
  different times? You think you're going to
• 1:33:27
  they're going to come to you. You didn't think that maybe you
• 1:33:30
  ought to take the offensive on you.
• 1:33:33
  According to this indictment, you committed one third degree
• 1:33:36
  felony, then you picked up another third degree felony, and
• 1:33:40
  then you picked up a third. You see anything wrong?
• 1:33:43
  And we're going to take care of things here because this is
• 1:33:51
  serious. And on the last one that was
• 1:33:57
  just indicted, not only do you have a third degree felony, but
• 1:34:03
  they have added two prior convictions, burglaries back in
• 1:34:09
  2017. So this third degree felony, if
• 1:34:13
  you're found guilty of this, it becomes punished as a second
• 1:34:18
  degree felony. If this is correct, you're
• 1:34:21
  looking at up to 20 years. So you're looking at a total of
• 1:34:24
  40 years in prison. Well, no, on the first one a
• 1:34:33
  prior conviction is alleged, but not on the second one.
• 1:34:38
  So you're looking at in 367, up to 20 years in prison, on 5/01
• 1:34:45
  up to 20 years, and then up to 10 years in 84050 years in
• 1:34:49
  prison. You want to look at me like I
• 1:34:52
  can't believe it's not butter. You know better than anybody
• 1:34:55
  else what kind of troubled you're in.
• 1:34:58
  This is really disturbing. Did you drive up here?
• 1:35:00
  Yes, Sir. Who?
• 1:35:02
  Why not, Sir? Why not?
• 1:35:04
  Did you walk up here? You walked up to the Sir from.
• 1:35:09
  Where? How'd you get to work?
• 1:35:14
  Where's your car? Where's your vehicles?
• 1:35:16
  Why not? Why don't you have vehicles?
• 1:35:19
  Speak up. So I don't have vehicles.
• 1:35:21
  When did you? When?
• 1:35:22
  You had vehicles here. Where'd they all go?
• 1:35:25
  Vehicle in probably about two. Years.
• 1:35:27
  Or you didn't have. So no, no, the day before
• 1:35:32
  January 1st of 2025, which is a year and a half ago, you were
• 1:35:39
  arrested, right? So a year and a half ago we had
• 1:35:42
  a vehicle. That's what I said.
• 1:35:44
  Say I had had a. Year, No, you said about a year
• 1:35:46
  and a half for this. To be.
• 1:35:50
  Here. I'm sorry.
• 1:35:51
  Go ahead, Langston. What are you going to?
• 1:35:53
  No, I was just asking to put on all of it.
• 1:35:55
  This is a mess. Right, right.
• 1:35:57
  I was going to. Actually put him on an
• 1:35:58
  announcement. From the initial.
• 1:36:00
  Network I can. Go through his discovery with
• 1:36:02
  him, meet with him, and then we can come up with a plan on
• 1:36:05
  trying to resolve all of this. But I did get.
• 1:36:08
  All of his discovery and I have all that downloaded from the
• 1:36:11
  DA's office. I have one.
• 1:36:21
  Of his bonds on each of these, please.
• 1:36:24
  On. 0367 it's $35,000, on 0840 it's $35,000, and on 05/01 it is
• 1:36:36
  15,000. Dollars the.
• 1:36:37
  More you commit offenses, the less the bonds are.
• 1:36:41
  Don't figure. I mean this is a Twilight Zone
• 1:36:44
  episode. What was the last one again?
• 1:36:46
  15. 1000 woefully, woefully low, but you got more problems.
• 1:36:52
  You've got a warrant out for your arrest right now or
• 1:36:57
  resisting arrest. You're going to be taken into
• 1:36:59
  custody. That's the first thing, the bond
• 1:37:06
  in 26501, which is the third pending felony that you've
• 1:37:16
  committed here after the September 21st, 2024 incident
• 1:37:26
  and after the September 23rd, 2023 DWI third.
• 1:37:32
  Then on or about December 31st, 2024, you committed a third one
• 1:37:40
  here after those other two and then that bond.
• 1:37:45
  This court finds those their first two bonds were 35,000 and
• 1:37:54
  35,000 and then thereafter you commit a third offense of a
• 1:37:58
  third degree felony which is enhanced because of two prior
• 1:38:03
  burglary convictions of habitosions in 2017.
• 1:38:06
  So this is now a second degree felony and if for some reason
• 1:38:10
  the magistrate bond reduced, so which defies any logic, so we're
• 1:38:21
  going to fix that. That $15,000 bond is revoked and
• 1:38:28
  that's a 70,000 double S $70,000 bond.
• 1:38:34
  And then you're going to be arrested here for this KPS and
• 1:38:37
  taking into custody for this misdemeanor that's pending.
• 1:38:41
  You cannot operate a motor vehicle unless right now until
• 1:38:49
  this court allows you too because this is a disturbing
• 1:38:54
  I've never seen this three successive third degree felonies
• 1:38:59
  over and over, which means you don't get it and the rules don't
• 1:39:04
  apply to you. But again, we're talking about
• 1:39:06
  50 years in prison that on all of those and that's going to be
• 1:39:11
  treated by seriously can't operate a motor vehicle until
• 1:39:16
  further orders. Also, do you have are you an
• 1:39:20
  alcoholic? Do you have an alcohol problem?
• 1:39:24
  So I believe I. Did you believe you did?
• 1:39:26
  All right? OK, we.
• 1:39:30
  Have that. Well, we're going to work on
• 1:39:32
  that too. What state suggests on just for
• 1:39:38
  testing on him so that because I don't want well, since he 11 is
• 1:39:45
  for alcohol, one is for marijuana.
• 1:39:47
  We probably have touts gram and a patch, drug patch.
• 1:39:50
  Make sure the federal basis you're just free falling right
• 1:39:53
  now, Sir, as you know and you have to fix this since you can't
• 1:39:59
  fix it yourself. So you will be ordered to have a
• 1:40:02
  drug patch and you will be ordered to have a SCRAM device.
• 1:40:06
  Which tests you for alcohol but you were unable to operate a
• 1:40:12
  motor vehicle. You are right now free falling
• 1:40:15
  and you are not safe operating a 4000 LB missile around town.
• 1:40:20
  You just get arrested over and over again.
• 1:40:22
  Lucky someone hadn't been armed or at worse, killed by your
• 1:40:30
  reckless behavior, do you understand?
• 1:40:32
  Yes, Sir. You'll be taken into custody
• 1:40:35
  here. You have to go back immediately.
• 1:40:37
  You're on average. And no, hold on.
• 1:40:42
  Sorry. I'm.
• 1:40:43
  Yeah, I am. But you're going to be next.
• 1:40:46
  Langston. What do you have to say?
• 1:40:47
  Anything else I didn't know about the resistant put on the
• 1:40:53
  announcement? We're going to make copy.
• 1:40:55
  For you? OK, that'll work.
• 1:40:56
  And you want to put it on the announcement docket branches.
• 1:40:59
  OK, let's place on that. OK, what else on this?
• 1:41:05
  You'll get a resetting too. And if you're we'll get you up
• 1:41:09
  here if you're in jail, but you're in, you got my attention.
• 1:41:14
  And quarter of a million people this county are going to be safe
• 1:41:18
  with you not being around town, driving a vehicle improperly,
• 1:41:25
  recklessly and without regard to other people, much less
• 1:41:29
  yourself. That is all.
• 1:41:30
  You're in custody. Yes, Sir.
• 1:41:33
  Judge, do you have one of the docket?
• 1:41:34
  And is it Andrew is? Langston.
• 1:41:38
  I'm having you're waiting. Drug court.
• 1:41:40
  So we. Want we want to do well, that
• 1:41:41
  one. The reason we're here is for
• 1:41:42
  review. All right, we'll keep an eye on
• 1:41:46
  Judge Stevens Court. Let's head a little bit E though
• 1:41:49
  we haven't been here in a week or two.
• 1:41:52
  Let's go to Louisiana and the parole board.
• 1:41:55
  And Corey Crockett there. Yes, Sir.
• 1:41:59
  Good morning. Good morning.
• 1:42:01
  Mr. Crockett D, what is your DLC number?
• 1:42:04
  It's 35356961. OK, 356961, correct?
• 1:42:13
  Yes, Sir. Yes, Sir.
• 1:42:14
  OK, All righty. And your case this morning is
• 1:42:17
  going to be handled by Mr. Tillis.
• 1:42:20
  But. Before we do that, I want to
• 1:42:21
  make sure that you've got a waiver.
• 1:42:23
  Form in front. Of you talking about the rights
• 1:42:26
  and did you sign that and agree to that, agree to this here?
• 1:42:28
  Yes, Yes, Sir. Yes, Sir.
• 1:42:30
  Oh, OK. Thank you.
• 1:42:31
  Thank you, Mr. Tillis. Good morning, Mr. Crockett.
• 1:42:35
  How are you? I'm blessed.
• 1:42:39
  I'm going to read some violations and you can answer
• 1:42:42
  guilty, not guilty or with a statement.
• 1:42:45
  The first violation is #3 if you failed to provide our office
• 1:42:51
  with a current address, our office attempted to locate you
• 1:42:55
  at the address of record. Once officers arrived, we were
• 1:42:59
  notified by family members that you do not live there at this
• 1:43:05
  address. They were uncertain of your
• 1:43:08
  location. A warrant was issued on
• 1:43:12
  11/17/20. 5. What's Carney?
• 1:43:16
  How do you plead guilty, not guilty or with a statement?
• 1:43:19
  I plead with a statement, Sir. OK, tell us about it.
• 1:43:23
  OK. I had discharged from horse
• 1:43:25
  correction on September the 10th of 2025 and I was moved with my
• 1:43:30
  daughter until I could do better.
• 1:43:32
  But it had things going on at that residence that wasn't
• 1:43:35
  approved by probation and parole.
• 1:43:38
  So through my through my actions, I moved from around it.
• 1:43:41
  And when I moved, I moved to 29 O 8 Sycamore St. in which I
• 1:43:46
  didn't give up the address hadn't given up the address.
• 1:43:49
  I was trying to get back on my feet, which I was arrested at
• 1:43:52
  the restaurant I worked at. It's been in Soul Food Kitchen
• 1:43:56
  on North St. That's where I was arrested at,
• 1:43:59
  Sir. Great.
• 1:44:01
  So you didn't get in touch with your parole officer?
• 1:44:04
  You didn't tell address? No, Sir.
• 1:44:07
  Due to the rage that I was going through and at the time, I lost
• 1:44:11
  every family. I lost all my family members.
• 1:44:13
  So that was the only place I had to go to.
• 1:44:15
  You know, all of them passed away last year.
• 1:44:18
  OK, violation #4 you've, you violated a current protective
• 1:44:24
  order. Our office received a call from
• 1:44:28
  the Baton Rouge Police Department advising their
• 1:44:31
  victims unit had received several calls from the victim.
• 1:44:37
  Once were issued on 11/17 for violations of protective order.
• 1:44:43
  For a violation of protective order.
• 1:44:45
  How do you plead? I plead not guilty to that, Sir,
• 1:44:49
  with a statement. OK, go ahead.
• 1:44:51
  Tell us about it. OK.
• 1:44:53
  Once I was released from prison, I had no contact with this lady.
• 1:44:56
  I don't even know where she stayed.
• 1:44:58
  None of this. But on in November, one day
• 1:45:01
  before Thanksgiving, the officers was called to where I
• 1:45:04
  was at the Q Mart buying boiled meat and also had put me in
• 1:45:08
  handcuffs. And the guy at the store who
• 1:45:11
  owned the store asked him what happened and he stated that I
• 1:45:15
  was supposed to be stalking the young lady Veronica Green, in
• 1:45:20
  which I haven't. So he ran the store and he
• 1:45:22
  looked at the cameras and he seen that I was nowhere around
• 1:45:25
  her. I was at the store at the
• 1:45:26
  present time that she gave the time that the incident was
• 1:45:30
  supposed to happen. So he let me go out of the car
• 1:45:33
  that day and she's bipolar, paranoid schizophrenic by the
• 1:45:37
  state of Louisiana. So it's just was a lot of
• 1:45:39
  accusations that she made towards me.
• 1:45:41
  And also I was at the Christmas parade with my daughter and a
• 1:45:44
  city police officer seen me Call My Name and told me like, you
• 1:45:48
  have to be very careful. This young lady say I'm not
• 1:45:50
  going to do you anything. You let me go then.
• 1:45:53
  So therefore I don't understand how where I got in violations
• 1:45:56
  at, you know, because I haven't been around since July the 7th
• 1:46:00
  of 2024. OK, you failed to make payments
• 1:46:05
  towards your supervision fee. How do you plead?
• 1:46:09
  I plead guilty with a statement on that, Sarah.
• 1:46:13
  OK, go ahead, tell us about it. OK, on that situation there by
• 1:46:16
  me moving away from with my daughter in the place that I was
• 1:46:18
  going to, I had to come up with money to stay there.
• 1:46:21
  And therefore that I was working at Ben's Soul Food when I was
• 1:46:26
  arrested. That's where I was arrested at.
• 1:46:28
  And I was working to make preparations to give me up, give
• 1:46:32
  me my own place to stay and to pray towards my parole
• 1:46:36
  supervision fees and my child support.
• 1:46:38
  But I just had only been out since September the 10th and I
• 1:46:41
  got arrested January the 28th of 26th.
• 1:46:44
  So I just had been out just a few months and I was really
• 1:46:47
  trying to get on my feet. I see any of my Anyone else have
• 1:46:52
  any questions? I got a question.
• 1:46:57
  In the preliminary hearing summary, it says that it had a
• 1:47:02
  photo taken of you across the street from the victim's home.
• 1:47:07
  How do you? What do you?
• 1:47:08
  Have to say about that I had no idea of where the victim stayed.
• 1:47:12
  Sir, the last time me and the victim was together it was a it
• 1:47:15
  was we was together in on Fry St.
• 1:47:19
  But I went to court from Hunts correctional on in June of 25
• 1:47:24
  and on the paperwork that I have it says one on the street for
• 1:47:29
  the address of her. I had no knowledge of where she
• 1:47:31
  was. I have not been around them.
• 1:47:33
  I don't know why she's making all these false accusations but
• 1:47:35
  I have not been around them. Like I said, if I was to be
• 1:47:39
  released from this situation, I would be able I would wear AGPS
• 1:47:44
  monitor to let y'all know that I don't go nowhere near.
• 1:47:46
  I don't even want no parts of her in my life, you know, I have
• 1:47:50
  not been around it lately. I don't know what's the problem
• 1:47:52
  with her instead of making these false accusations, Sir.
• 1:47:54
  So. Basically, you're saying you
• 1:47:56
  don't deny that the picture was across the.
• 1:47:58
  Street from a house. But your statement is that I
• 1:48:00
  don't know where her house is. That's the thing of it is I
• 1:48:03
  don't know what area she stays in.
• 1:48:05
  I have not even much had no kind of encounter with her since July
• 1:48:09
  of 2024. Never seen it.
• 1:48:13
  Sir. You never saw her or?
• 1:48:15
  Anything you don't know why I. Haven't seen her since I got out
• 1:48:17
  of prison September the 10th. I haven't seen this made of
• 1:48:19
  nowhere insight so I don't know why she's been making false
• 1:48:22
  accusations against me. Because it's been two occasions
• 1:48:25
  where if I was in the wrong I would have got arrested from the
• 1:48:29
  Q Mart one day before Thanksgiving and at the
• 1:48:32
  Christmas Orade on the show when I had my daughter with me.
• 1:48:35
  So if I was in violations I think I should have been
• 1:48:38
  arrested. But the officer went into the Q
• 1:48:40
  Mart on North St. and forced to drive and looked at the cameras
• 1:48:45
  and seeing that I was there. When she and he said that, he
• 1:48:48
  went back to her house and didn't see me nowhere on the
• 1:48:50
  camera. So where is her house?
• 1:48:52
  I have no idea, Sir, and I'm telling you the honest truth.
• 1:48:56
  All right, no more buddy. Yep, I'm I'm wanting to believe
• 1:49:02
  you but I have a problem. Before you get in trouble the
• 1:49:07
  more you apartment you are to not be believable.
• 1:49:10
  I guess you might say you are a fifth offender you're on parole
• 1:49:15
  for third offense domestic abuse battery is what you're on parole
• 1:49:20
  for and possession of a firearm by a convicted felon.
• 1:49:24
  And now you're charged with a pretty serious thing of of this
• 1:49:28
  domestic or this this order protective order that you
• 1:49:32
  violated. But for sure for sure you.
• 1:49:35
  Didn't. Notify and you admit that you
• 1:49:37
  did not notify probation parole where you were living and well
• 1:49:42
  once I once I had got out the 1st.
• 1:49:45
  Wait a minute, wait a minute. Yes, Sir.
• 1:49:47
  Finish. You've been on parole before, I
• 1:49:50
  imagine, have you not? Yes, Sir.
• 1:49:54
  You know the. Importance of something as
• 1:49:56
  simple as telling them where you live, correct?
• 1:50:00
  Yes, Sir. And you didn't do that.
• 1:50:03
  So why should we believe these other things when you didn't
• 1:50:06
  abide by the simplest rule that there is?
• 1:50:09
  Well, Mr. Prada, I was going through some dramatic changes.
• 1:50:12
  I mean, I just had got out September the 10th and all this
• 1:50:15
  was happening with my daughter and the stuff that was going on
• 1:50:18
  in the house. Plus, I lost my whole family.
• 1:50:20
  I'm not asking for pity. I'm just asking you to just give
• 1:50:23
  me a try. You can put me on GPS monitor or
• 1:50:26
  whatever. You have to.
• 1:50:28
  Yeah, sure. I feel like we did give you a
• 1:50:30
  try, but that's all I that's all the questions.
• 1:50:33
  I just wanted you to know my concerns and.
• 1:50:35
  That's what I was concerned about.
• 1:50:37
  Do you? I'd like to go into executive
• 1:50:40
  session at this time. Second, we've got a motion and a
• 1:50:43
  second for an executive session to take care of some procedural
• 1:50:45
  matters. Got a motion?
• 1:50:48
  And a second. There's no objection at nine O
• 1:50:50
  6. We will be going into executive
• 1:50:52
  session for just a few minutes and we'll be right back and then
• 1:50:56
  we'll ask more questions if we need to or let you know our
• 1:50:59
  decisions. Yes, Sir.
• 1:51:02
  All right, friends. Well, we will come back after
• 1:51:05
  the executive session. In the meantime, let's go back
• 1:51:07
  up to Michigan and Judge McNally.
• 1:51:11
  Hi, your name Kenneth. Johnson.
• 1:51:13
  OK, it says dismissed in the interest of justice.
• 1:51:16
  Do you have a fishing license? No, I actually gave it up at
• 1:51:21
  How's that in the interest of justice?
• 1:51:22
  You were fishing without a license, right?
• 1:51:25
  Yes, you just don't. Have to mind me to bed?
• 1:51:28
  I asked Colin. You should have thought about
• 1:51:31
  that before you fist without a license right.
• 1:51:34
  Don't you think it was the first day of the new license?
• 1:51:38
  I had forgotten to re up it. Hello.
• 1:51:41
  Hi. Good morning.
• 1:51:43
  Can I have Miss Esmaro in here please?
• 1:51:45
  Thank you. Thank you.
• 1:51:46
  See you again. It's the first day that it was
• 1:51:49
  the 1st of April and I didn't renew my license yet.
• 1:51:53
  And so why are you fishing if you hadn't reviewed, renewed
• 1:51:57
  your license, got too excited about it.
• 1:51:59
  This is Mario, your name. I don't mind if they got a
• 1:52:04
  license, that's up to you. But he doesn't handle license.
• 1:52:07
  Why is this in the interest of justice?
• 1:52:09
  No, no, I did state of the interest.
• 1:52:11
  Of justice while speaking to done that in.
• 1:52:13
  The back he didn't mention at this point that he was just
• 1:52:15
  asking to maybe say a word nurse.
• 1:52:18
  He doesn't have anyone with name any of the TPS or the name if
• 1:52:24
  you want to explain as well. So you see, I guess you say
• 1:52:28
  they're going out. I'm not going to dismiss this
• 1:52:30
  unless he goes out and gets himself a license period.
• 1:52:33
  So you're either going to plead responsible here today as
• 1:52:36
  charged or you can I'll give you 2 weeks to go get a license.
• 1:52:41
  If he he gets a license. I don't have a problem with
• 1:52:44
  dismissal, but I'm not going to just you know, everybody wants
• 1:52:48
  finds with right. I mean, So what is what is your
• 1:52:51
  choice? Do you work?
• 1:52:55
  I do where dollar dairy? What do you how much you make
• 1:52:58
  there? Do you have kids?
• 1:53:01
  But during two weeks the county gets licensed no problem.
• 1:53:06
  Thank God if I find a way to get it today.
• 1:53:09
  I just got back and. Show it there.
• 1:53:11
  Well, you just told me that you didn't have the money because I
• 1:53:14
  don't. Go get it now and come back.
• 1:53:16
  Go get it now and come back. Go get it now.
• 1:53:20
  Come back. If that's what you want to do.
• 1:53:22
  I'll be glad to dismiss it. If you don't get it today, then
• 1:53:25
  I'll be glad to give you 2 weeks to adjourn.
• 1:53:27
  It's up to you which which is your choice.
• 1:53:30
  I'll make some calls when I leave and I'll go get it today.
• 1:53:33
  OK, Good enough. I'm back.
• 1:53:35
  Just try to get back here no later than 11.
• 1:53:37
  OK. All right.
• 1:53:38
  Good luck. Danae Baker, 258847578.
• 1:53:43
  Thank you. Good morning.
• 1:53:47
  Your name? So you were supposed to pay
• 1:53:50
  fifty a month starting January 18th.
• 1:53:53
  You didn't pay anything until paid $10 on February 19th and
• 1:53:58
  100 on May 12th. I just paid. 100 just.
• 1:54:01
  Now I know. So why didn't you come and talk
• 1:54:03
  to us? Though it's hard for me to give
• 1:54:05
  people time to pay when they're already four months late.
• 1:54:08
  You follow me, I'm going to do it for you.
• 1:54:10
  But stop this. That's a bad habit.
• 1:54:12
  How much time do you need? I'll be glad to set.
• 1:54:15
  You can set up your own payment plan.
• 1:54:17
  No, $50.00 a month is good. I just.
• 1:54:19
  Well, that's. Do you work, ma'am?
• 1:54:21
  Do you work? Yes.
• 1:54:22
  Where? At the airport.
• 1:54:24
  How much you make there? I don't make much.
• 1:54:26
  Well, I don't know what that means.
• 1:54:27
  What, what, what do? You do.
• 1:54:31
  You pay 50 per month beginning June 1.
• 1:54:35
  If you need more time, you call the court.
• 1:54:37
  I'll be happy. And we can go on Zoom or you can
• 1:54:39
  come in here on it before the due date.
• 1:54:41
  I'll be glad to give you an extension, OK?
• 1:54:44
  150 a month and I do 100% the other.
• 1:54:46
  One like I like I just paid 100 today.
• 1:54:49
  So like for today's date can I pay another 100 like a month?
• 1:54:53
  That makes sense. Every other month.
• 1:54:55
  I don't care how you do it. You can't pay 50 more by June 1.
• 1:54:59
  I might, but I might not be. Able to lock on the rooms.
• 1:55:02
  Tell you what, then it's pay 100 by bimonthly.
• 1:55:07
  Bimonthly. Going to pay $100 bimonthly
• 1:55:11
  beginning June the 15th. OK, yes, that's fine.
• 1:55:14
  Now, if you don't have the money, it's not a problem.
• 1:55:17
  It really isn't. But you got to call the court
• 1:55:19
  and show some respect, all right?
• 1:55:21
  And they'll either tell you to come in or you can do it on Zoom
• 1:55:24
  if you'd like. I'll be glad to give you an
• 1:55:25
  extension. Just don't ignore me, OK?
• 1:55:28
  That's the luck to you. Marasco.
• 1:55:31
  Richard Joseph Morosco, 267125988.
• 1:55:34
  Morning, Sir. Could I have seated up here?
• 1:55:38
  Dorian Jones at the table, please, Sir.
• 1:55:41
  Your name? Richard Morosco.
• 1:55:44
  Good morning, Sir. You're charged with driving over
• 1:55:46
  a sidewalk. And then.
• 1:55:48
  Yes, Sir. It looks like I can't hang on
• 1:55:53
  one second. I can't quite read this.
• 1:55:57
  It looks like he's saying that you didn't change your address.
• 1:56:00
  Oh, yeah. I.
• 1:56:02
  So hang on, hang on, hang on. You have the right to a lawyer.
• 1:56:07
  I'll be happy to give you 1. Would you like a lawyer?
• 1:56:11
  Let me give you a lawyer. OK.
• 1:56:13
  I'll give you a lawyer on this. All right.
• 1:56:16
  And you can go talk to your the lawyer right now, and then you
• 1:56:21
  can come back in front of me. All right.
• 1:56:24
  Best of luck to you. Okie, Dokie will probably check
• 1:56:27
  back later I would think maybe. But let's go back to Louisiana.
• 1:56:31
  They are out of executive session.
• 1:56:36
  And a motion and a second to go back into regular.
• 1:56:39
  Session. The time is 9:11 in the morning
• 1:56:42
  and there's no objection, so we are hereby back in the regular
• 1:56:46
  session. So, Mr. Tennis, I believe it's
• 1:56:48
  up to you to either continue questioning or if you're ready
• 1:56:51
  to vote. I have no more questions.
• 1:56:52
  Do you have any? I'm ready to vote then.
• 1:56:55
  Mr. Crockett, based on the. Evidence that we have.
• 1:56:59
  The. Violations, my vote is going to
• 1:57:01
  be to deny or violations #3 and 4.
• 1:57:06
  I'm sorry, revoke, revoke you for violations or three and
• 1:57:11
  four. Thank you.
• 1:57:12
  And what other Sir, you failed to give an address of your
• 1:57:16
  address and you were arrested. They pick you up #4 is violation
• 1:57:22
  of current protective audit and you violated a protective a
• 1:57:26
  violation of a. Protective order.
• 1:57:29
  Was was there? I've never been to court or
• 1:57:31
  anything. Thank you.
• 1:57:32
  We're still, we're voting right now.
• 1:57:33
  Mr. Barra. I'm going to concur with Mr.
• 1:57:36
  Tillis for the same reasons. OK.
• 1:57:38
  And likewise, I'm going to recur with Mr. Tillis that you be
• 1:57:42
  revoked because of violating condition #3 and violating
• 1:57:46
  condition #4. So as of 913 this morning, your
• 1:57:50
  role has been revoked. Thank you and have a good day.
• 1:57:54
  Okie, Dokie, he's revoked. We might check back in with the
• 1:57:57
  board later. We'll see.
• 1:57:58
  We got 45 minutes left to go here at TCF live on this.
• 1:58:02
  Fine, fine. Tuesday, let's head back to
• 1:58:06
  Judge West. 0802 Mr. Clark is charged with indecency with the
• 1:58:11
  child by sexual contact. And what is the announcement,
• 1:58:14
  Judge? This was set to the support date
• 1:58:17
  for a status. Miss French had ordered the.
• 1:58:20
  CPS, hold on a second. I need y'all to all hold it
• 1:58:24
  down. Please go ahead.
• 1:58:26
  Miss French has through the court.
• 1:58:27
  Changed CPS records. We both have copies of those.
• 1:58:30
  OK, good. So.
• 1:58:31
  I think at this point. We're.
• 1:58:32
  Needing to just set this. Back on the trial, but there's.
• 1:58:35
  Already a rejection on that. Has there been any change in
• 1:58:37
  what the offer was? That was it looks like it was
• 1:58:40
  back in August of last year there was a rejection of a 12
• 1:58:45
  year term correct judge and I don't know what Miss French
• 1:58:48
  Independence to do, but I do know that she is planning to
• 1:58:51
  meet with the complaint soon. And.
• 1:58:53
  We talked about that today. If there is a change, we would
• 1:58:56
  obviously bring that to the Board's attention.
• 1:58:58
  Sure hand. Let's go ahead and get it on a
• 1:59:00
  trial date just. Because it's got.
• 1:59:01
  The edge of the case, I think. Yeah, for sure.
• 1:59:04
  All right, so, Mr. Clark, I'll get your case set on the trial
• 1:59:06
  docket. If something changes with any
• 1:59:08
  negotiation, y'all just let me know as soon as that changes,
• 1:59:11
  then we'll get you back in here. Otherwise, we'll see if the next
• 1:59:14
  on the first trial date. OK.
• 1:59:15
  Trying to get back to the bailiff.
• 1:59:17
  Thank you. It's happening.
• 1:59:25
  Hey, Mr. Garth Kemmler. Oh, he's in child.
• 1:59:30
  Wonder if he's well, didn't he say anything about Ryan's on our
• 1:59:36
  docket? I saw that.
• 1:59:37
  You know if he didn't find anything out they're they're
• 1:59:40
  having would you shoot him a would you shoot him a message to
• 1:59:46
  come take care of spikes real quick before he gets going in
• 1:59:50
  trial we'll. Check on.
• 1:59:52
  The way, thank you very much. Appreciate you, Logan Eagle and
• 1:59:56
  Miss Perazzo. Good morning, good morning.
• 2:00:15
  Are you Logan Eagle? And I'd really need y'all to.
• 2:00:20
  If y'all are talking about a case, don't walk across each
• 2:00:23
  other. Get closer.
• 2:00:25
  I'm having a hard time this morning for some reason.
• 2:00:27
  Mr. Eagling, this is 25 DCCR 0897.
• 2:00:31
  You're charged with aggravated assault with a deadly weapon.
• 2:00:34
  Your case is set for trial to begin with jury selection next
• 2:00:36
  Monday. And what is the announcement,
• 2:00:38
  Judge? This is a case of the state will
• 2:00:40
  dismiss because we're really indicted as a murder.
• 2:00:43
  We found out. That the victim.
• 2:00:45
  Died once the 7-8 days after the assault.
• 2:00:48
  OK. It would be not try it as they
• 2:00:51
  aggravated assault, but try it as a mother.
• 2:00:53
  When do you anticipate that indictment?
• 2:00:55
  Thank you. We'll go tomorrow.
• 2:00:56
  OK. So obviously if that's going to
• 2:00:58
  happen, it doesn't change a lot of the discovery, I wouldn't
• 2:01:02
  think. And so we can go ahead and leave
• 2:01:04
  it on the trial docket because you've already got everything.
• 2:01:06
  It just changes the nature of the offense, correct.
• 2:01:10
  All right. So, but I guess I mean, if it's
• 2:01:13
  indicted tomorrow, it changes it enough to where if you need some
• 2:01:17
  time, you're entitled to that. Yes, Your Honor.
• 2:01:20
  And we could have just to at least 30.
• 2:01:23
  Days. Yeah.
• 2:01:25
  There will be at least an I'll talk to report and so
• 2:01:27
  potentially some additional things for you to go over.
• 2:01:30
  OK, So what I'm going to do, Mr. Eaglen, is reset your case to
• 2:01:33
  the next trial docket so that once Miss Rosso gets everything,
• 2:01:39
  any additional discovery, which it sounds like there's some more
• 2:01:41
  information coming because the case is going to be upgraded to
• 2:01:45
  a murder charge instead of the AG assault.
• 2:01:48
  We'll give her some time to go over all that.
• 2:01:49
  Go over all with you. If there's any new offers or
• 2:01:52
  plea negotiations, then let me know.
• 2:01:55
  If something changes before that trial date, we can get it taken
• 2:01:58
  care of. Yes.
• 2:01:59
  OK. You can go back with the
• 2:02:00
  Babyliss. Let's see, Mr. Smith, Mr.
• 2:02:05
  Wilkerson, let us know that he is not going to be able to be
• 2:02:08
  here today, but that he. You already let him know.
• 2:02:10
  Are you ready on Dalvius Williams?
• 2:02:14
  Oh, OK. We're finished with Dalvius
• 2:02:17
  Williams. Thank you, Sir.
• 2:02:19
  Mr. Radford, you have Floyd Torin the sentencing.
• 2:02:23
  Good morning. Did you get the?
• 2:02:26
  Medical benefits. And things.
• 2:02:27
  When did you, who'd you sentimental to when?
• 2:02:31
  No, I emailed him four weeks ago with us.
• 2:02:34
  Would you e-mail them to Mr. Smith as well?
• 2:02:36
  Did you get the medical reference?
• 2:02:38
  Anything about? 3 or 4 weeks ago.
• 2:02:41
  Yes, I think I did. The e-mail there is there was at
• 2:02:45
  least another e-mail address. I know that it was which so I
• 2:02:48
  wonder if it went to the wrong person.
• 2:02:50
  No. What day was it?
• 2:02:55
  Yeah. What day can you tell what?
• 2:02:57
  Day he emailed it. No, I.
• 2:02:58
  Don't send. The e-mail it was.
• 2:03:01
  About. 3 or 4 weeks ago. Can you look and see what the
• 2:03:04
  date was from my office? All right, well, obviously I'm
• 2:03:12
  going to need a minute to go through all this and he can go
• 2:03:15
  back for a few minutes or have a seat.
• 2:03:17
  They can they can bring it back at office.
• 2:03:22
  This is discovery stuff. Some of this is I don't think I
• 2:03:26
  don't think he wants to Cam me out of this.
• 2:03:27
  Interesting. I got to look at it somebody.
• 2:03:30
  Else should have to look. At it.
• 2:03:31
  And I don't know what that that didn't have anything to do with
• 2:03:33
  what I need to look at, I don't sure.
• 2:03:35
  Right, there's some. Spent on time.
• 2:03:36
  And I. Think there's a TV season
• 2:03:38
  showing that's a vision. Let's go ahead and get it back
• 2:03:43
  out. I'm I'm fine.
• 2:03:46
  You can summarize for me as well.
• 2:03:50
  That's OK. No thanks.
• 2:03:53
  I don't know. I mean I guess it needs to be in
• 2:03:55
  the file if I if it's something I've reviewed it needs to be
• 2:03:58
  attached where the PSI is or something please.
• 2:04:01
  I mean, that's usually. What I just submit additions for
• 2:04:04
  the PSI thing It was just with the it's I don't sounds like it
• 2:04:07
  wasn't like sorry be founded. Yeah within the discovery
• 2:04:13
  certification. OK, you're fully Torin and this
• 2:04:18
  is cause numbers 25 DCCR 0974 and 25 DCCR 1152.
• 2:04:25
  Mr. Torin was previously in court entered pleased if guilty
• 2:04:28
  to attempt to commit theft of property.
• 2:04:31
  It was enhanced to a second degree because of priors and
• 2:04:34
  then evading arrest or detention with the vehicle also enhanced
• 2:04:37
  to a second degree. I've received the pre sentence
• 2:04:40
  report and the agreement was for a cap of 20 years.
• 2:04:45
  It looks like it probably could have been habitual, but you guys
• 2:04:48
  pled it to just a straight second degree with an open plea
• 2:04:51
  to the second, correct? Yes, Yes ma'am.
• 2:04:54
  And I've received the pre sentence report as well as some
• 2:04:58
  documents that Mister Radford has sent in with regard to Mr.
• 2:05:03
  Torrance mental health as well as some physical issues and one
• 2:05:09
  letter as well of support. Have you both had an opportunity
• 2:05:14
  to review all of that? Yes, ma'am.
• 2:05:17
  Are there any additions or corrections to that pre sentence
• 2:05:19
  report? Just the things that I
• 2:05:21
  submitted, judge. OK Mr. Radford, you may proceed.
• 2:05:25
  Judge. Mr. Torin has an extensive
• 2:05:29
  criminal history, however. As he has.
• 2:05:33
  Gotten. Older.
• 2:05:34
  He has had some health issues, he has vision problems, he has
• 2:05:39
  been seen and treated at Spindle Top MHMR for some mental health
• 2:05:43
  issues. He has a very supportive family
• 2:05:47
  who is here today and I'd ask that the court take that into
• 2:05:50
  consideration in determining his sentence.
• 2:05:54
  What is the status of the role? No the way.
• 2:06:00
  No. No.
• 2:06:01
  The way. Mr. Smith, judge, his extensive
• 2:06:06
  criminal history going all the way back to his juvenile years
• 2:06:09
  tends to show more about what he is and what he does than
• 2:06:13
  anything else. He's been given probation, he
• 2:06:17
  wasn't able to complete that. He has been sentenced to to
• 2:06:23
  multiple long sentences in prison and that seems to be the
• 2:06:27
  only thing that has kept him from committing new crimes in
• 2:06:30
  society was the fact that he was incarcerated.
• 2:06:33
  I don't feel like probation is appropriate and we would ask for
• 2:06:37
  we have given him consideration by coming off of the habitual
• 2:06:41
  and and kept this in 20 years. So we would ask for TDC sentence
• 2:06:47
  in the high range on this. So Mr. Torin, in 2019 you
• 2:06:55
  received a 15 year sentence. So you were only not.
• 2:07:00
  I don't know how. Long you It doesn't show me when
• 2:07:02
  you got out or how long. You were in on that, but.
• 2:07:04
  Obviously. So you got out in 2023 and less
• 2:07:10
  than two years later you've got two more felonies which add up
• 2:07:14
  to your 11th and 12th felony offense.
• 2:07:19
  And I understand the, the issues with PCP.
• 2:07:26
  It looks to me like that's more of an issue than anything else.
• 2:07:30
  I understand there's some mental health issues, but you as a, as
• 2:07:35
  a grown man, haven't had every opportunity to get help and try
• 2:07:39
  to get in TDC out of TDC to live your life outside of prison.
• 2:07:46
  And you've chosen not to do that.
• 2:07:48
  It's, I mean, your only time clean is when you're in custody.
• 2:07:51
  That's what you told the the person doing that substance
• 2:07:56
  abuse assessment. There's, I don't know, I just
• 2:08:00
  think it's such AI appreciate your family being here and I
• 2:08:03
  appreciate the support and I appreciate this letter, but it's
• 2:08:07
  all ridiculous when you look at your criminal history.
• 2:08:12
  And the fact? That you're on parole and you
• 2:08:14
  commit to more offenses and you're still using drugs and you
• 2:08:18
  haven't made. It's not like you're a young
• 2:08:20
  kid. You know what you need to do to
• 2:08:22
  get the help you need to get and you've made a conscious decision
• 2:08:26
  not to do that. So at this time in cause #25
• 2:08:30
  DCCR 0794 and and this invading was crazy.
• 2:08:36
  I mean, you could have killed people.
• 2:08:38
  You've got you. I think it was twice you almost
• 2:08:42
  struck intersection of Interstate 10 and 7th St. almost
• 2:08:45
  struck another vehicle and then again at 7th St. and Dallinger,
• 2:08:49
  you almost struck another vehicle, you crashed through a
• 2:08:52
  fence. Then you continued to flee after
• 2:08:55
  you crashed through a fence and crashed again and finally came
• 2:08:58
  to arrest. I mean, it's not like you just
• 2:09:00
  kind of sort of evaded. This is your behavior is just a
• 2:09:06
  danger to everybody here in Jefferson County.
• 2:09:09
  So that being said, 25 DCCR 0794 I'm going to find that you
• 2:09:13
  entered your plea of guilty freely and voluntarily find
• 2:09:16
  sufficient evidence to find you guilty and at this time find you
• 2:09:19
  guilty of attempt to commit theft of property.
• 2:09:22
  Find that prior conviction true or the prior convictions true.
• 2:09:26
  In that case, sentence you to a term of 20 years in the
• 2:09:29
  Institutional Division of the Texas Department of Corrections
• 2:09:32
  and clause #25 DCCR 1152. Find also sufficient evidence to
• 2:09:38
  find you guilty and at this time find you guilty of evading
• 2:09:40
  arrest or detention with the use of a vehicle.
• 2:09:43
  Find that prior conviction true. Sentence you in accordance with
• 2:09:47
  an agreement to a term of 20 years in the Institutional
• 2:09:50
  Division of the Texas Department of Correction.
• 2:09:53
  You will receive credit on each of these sentences for any time
• 2:09:55
  that you've been in custody. That the law gives you the right
• 2:09:58
  to receive, I'm handing you. And they will run.
• 2:10:00
  Concurrently, which means together at the same time, I've
• 2:10:03
  handed you the trial court certification that shows these
• 2:10:06
  were agreements I followed. You've waived your right to
• 2:10:08
  appeal. I've also handed you a written
• 2:10:11
  admonishment regarding your ineligibility to possess a
• 2:10:13
  firearm or ammunition. Because of the judgments entered
• 2:10:17
  against you, you're ineligible under Texas law to possess a
• 2:10:20
  firearm or ammunition. Possession of a firearm or
• 2:10:23
  ammunition could lead to charges against you.
• 2:10:26
  Firearm is a legal turn. Read that.
• 2:10:28
  You should already understand it.
• 2:10:29
  But if you have any questions about the laws that make you
• 2:10:31
  ineligible to possess a firearm or ammunition or about how long
• 2:10:35
  that lasts, you can talk with Mr. Radley.
• 2:10:36
  Right. You can go back with the
• 2:10:38
  bailiff. Yes, Sir.
• 2:10:41
  Sun Service. Okie Dokie Friends, TCF Live
• 2:10:47
  about to enter its final half an hour for today.
• 2:10:51
  Let's go back up to Michigan. We haven't been to this guy in a
• 2:10:55
  while. Let's check out Judge Wiggins.
• 2:11:00
  Good morning, honor. Jeffrey Ruff, appearing on
• 2:11:01
  behalf of Mr. Couch, Who? Appears to be.
• 2:11:05
  Present in the courtroom, Yes, he is.
• 2:11:08
  Thank you, Council. We are here for a probable cause
• 2:11:12
  conference, but I also see there's a second amended.
• 2:11:14
  Complaint in the. File so we'll need to arraign
• 2:11:16
  Mr. Couch on. That.
• 2:11:18
  Mr. Rupp, were you aware of that amended complaint?
• 2:11:21
  I was, your honor. All right.
• 2:11:23
  So, Mr. Couch, I have an amended complaint.
• 2:11:25
  It alleges that on or about April 28th, 2020. 6.
• 2:11:29
  In the city of Manton and Wexford County, it is alleged in
• 2:11:33
  count number one that you committed the offense of police
• 2:11:35
  officer fleeing third degree under the Vehicle Code, that is
• 2:11:38
  a felony punishable by up to five years in prison and or
• 2:11:41
  $1000 and the Secretary of State shall suspend the license for
• 2:11:44
  one year. In count #2 it's alleged you
• 2:11:47
  committed the offense of malicious destruction of
• 2:11:49
  personal property $1000 or more but less than $20,000.
• 2:11:53
  That is in regards to a fence, that is a felony punishable by
• 2:11:57
  up to five years in prison and or a fine of $10,000 or three
• 2:12:01
  times the value of the property destroyed, assuming the
• 2:12:05
  prosecutor can meet certain requirements.
• 2:12:07
  In count #3, it's alleged that you committed the offense of
• 2:12:10
  weapons, ammunition possession by a prohibited person.
• 2:12:14
  That is a felony punishable by up to five years in prison and
• 2:12:17
  or a fine of $5000 in mandatory forfeiture of the weapon and
• 2:12:21
  device. The prosecution has charged you
• 2:12:23
  also as a habitual 4th offender, meaning that you have at least
• 2:12:26
  three either attempted or completed felonies in your past.
• 2:12:30
  That makes each one of those five year felonies punishable by
• 2:12:33
  up to life in prison. Do you understand those charges
• 2:12:37
  and potential penalties? The court will continue the not
• 2:12:40
  guilty plea and continue the appointment of counsel.
• 2:12:45
  I will go through your rights with you.
• 2:12:47
  However, you do have the right to remain silent.
• 2:12:52
  Anything you say, a right can and will be used against you.
• 2:12:54
  You also have the right to have an attorney present during any
• 2:12:56
  questioning that you consent to and the right to stop answering
• 2:12:59
  questions and the right to be represented by an attorney.
• 2:13:03
  And if you could not afford one, would it be appointed to
• 2:13:04
  represent you? And Mr. Rupp has been appointed
• 2:13:07
  to do so. And that gets us to the probable
• 2:13:09
  cause conference. Counsel, has there been any
• 2:13:11
  resolution of this matter at all?
• 2:13:14
  Judge, I did receive a proposed plea agreement.
• 2:13:18
  I discussed it the same with Mr. Couch yesterday afternoon via a
• 2:13:24
  Zoom meeting. We closed that meeting.
• 2:13:26
  He had a couple of questions regarding guidelines and a
• 2:13:30
  couple of potential sentencing issues.
• 2:13:32
  I wasn't able to answer them at that time.
• 2:13:34
  I was hoping I would have the opportunity to to speak with him
• 2:13:37
  in a breakout room. So at this point, I I don't
• 2:13:41
  believe we have a resolution, but I think resolution may still
• 2:13:44
  be possible. If the court is willing.
• 2:13:47
  I would propose converting next week's preliminary examination
• 2:13:52
  date to a another probable cause conference so that I can arrange
• 2:13:56
  another meeting with him and answer those questions and allow
• 2:14:00
  him the opportunity to make an informed decision whether he
• 2:14:02
  wants to accept or reject the offer.
• 2:14:05
  Mr. Carnes, do you have any objection to that?
• 2:14:06
  Proposal. No objection, Your Honor, does
• 2:14:09
  look like discovery was sent to Mr. Rob about May 8th and we did
• 2:14:14
  receive a new surveillance video honor about that date as well.
• 2:14:19
  So I I think the adjournment is reasonable.
• 2:14:21
  All right, the court will go ahead and reset this for another
• 2:14:24
  probable cause conference next week.
• 2:14:26
  Is there anything else we need to address?
• 2:14:28
  For the record, No, you are. Not.
• 2:14:30
  No, the only type of thing, Judge.
• 2:14:32
  I would just for his edification.
• 2:14:34
  Mr. Couch, I will make arrangements for another Zoom
• 2:14:36
  meeting sometime this week to speak with you.
• 2:14:38
  Sounds good. Nothing further.
• 2:14:39
  Thank you. All right.
• 2:14:40
  Thank you. We'll see everybody back next
• 2:14:42
  week. Very good.
• 2:14:46
  Next is the people of the state of Michigan versus Wade Allen
• 2:14:49
  Schmidt Junior. All.
• 2:14:59
  Right. This is case number 26157 FY
• 2:15:03
  Appearances Council on behalf of people.
• 2:15:07
  I'm Jeff Harrison here on behalf of.
• 2:15:09
  Dwayne Schmidt. Also President, this is.
• 2:15:11
  Guardian Jessica Starlin and I never remember your actual last
• 2:15:16
  name. Starlin, Ronan.
• 2:15:18
  Ronan. Thank you.
• 2:15:19
  My apologies. How are you doing, Mr. Smith?
• 2:15:22
  How you? Doing good, Council.
• 2:15:24
  We're here for a probable cause conference based on the sheet
• 2:15:27
  that was turned in, we don't have a resolution.
• 2:15:29
  Am I correct on that? That's correct.
• 2:15:31
  And Mr. Harrison, you are requesting A preliminary
• 2:15:34
  examination, 21 days is not waived.
• 2:15:39
  So are we going to be ready for a prelim next week?
• 2:15:41
  I believe so, Your Honor, I would just request that.
• 2:15:45
  The. Same nurse in this matter be
• 2:15:48
  permitted to appear at that preliminary preliminary
• 2:15:51
  examination of the. Any objection to that, Mister
• 2:15:54
  Harrison? Well, I don't like it, but I
• 2:15:56
  don't think I have a colorable legal objection to it.
• 2:15:59
  We don't have a right of confrontation.
• 2:16:01
  Of a preliminary exam, no, but it is an evidentiary.
• 2:16:04
  Hearing so. I would prefer that the witness
• 2:16:08
  be here in person, but I don't know that that's crucial to the
• 2:16:14
  courts determination. I'll leave it to your
• 2:16:17
  discretion. Mr. Carnes.
• 2:16:19
  Do you the same nurse? Is she?
• 2:16:22
  Is she going to have photographs?
• 2:16:24
  And. The like that she's going to be
• 2:16:25
  testifying in regards to. She does have a a.
• 2:16:28
  Report. That notates a couple of
• 2:16:32
  injuries. And your Honor?
• 2:16:35
  I do have some photos. Of honestly, I did not.
• 2:16:40
  Review them. So I don't know.
• 2:16:45
  But she certainly. Would be testifying as to some
• 2:16:49
  of the content. And where is she?
• 2:16:51
  Coming from Travers or Ross Common.
• 2:16:56
  It was. Conducted.
• 2:16:58
  In Ross. Common.
• 2:17:00
  I think she might be. Is it the same one?
• 2:17:05
  Different the different. Same organization.
• 2:17:08
  Looks like even a different. OK, all right, the.
• 2:17:13
  Court given while we might not necessarily be certain as to
• 2:17:17
  what exactly type of evidence will be presented, it is likely
• 2:17:25
  that the witness is going to have to testify to potential
• 2:17:31
  injuries, maybe some photographs.
• 2:17:33
  So I'm going to deny the request to appear by Zoom.
• 2:17:37
  I think this type of evidentiary hearing will best be served with
• 2:17:41
  in person testimony. Anything else for the record?
• 2:17:45
  I have nothing further, Your honor.
• 2:17:46
  Thank you, Mr. Karnes All right, Mr. Schmidt, just a reminder
• 2:17:50
  that your bond conditions continue.
• 2:17:52
  You've been behaving on bonds, so thank you for that.
• 2:17:56
  And the parties? Can go out to the front window
• 2:17:57
  where you checked in and get your next.
• 2:17:58
  Court. Date all right.
• 2:18:02
  Thank you. That's a.
• 2:18:04
  Good work you have. A.
• 2:18:06
  Good day, Sir. Thank you.
• 2:18:08
  You too. I will core next calls the
• 2:18:10
  people of the state of Michigan versus Robert William Gaston.
• 2:18:13
  Well, the court may be calling somebody else, but we are going
• 2:18:16
  to move on. Friends, let's go back to
• 2:18:18
  Louisiana and give the board another try.
• 2:18:21
  We're continuing our the Committee on Parole in Baton
• 2:18:24
  Rouge and you can see from our name tags who we are.
• 2:18:27
  We're continuing our hearings for the day.
• 2:18:29
  This is our second case. We're going to be here in the
• 2:18:33
  the case of Kayla Kuti Giles, If I'm saying that right, I
• 2:18:38
  probably not, but that's it. We're going to be hearing
• 2:18:40
  someone with a similar. Name.
• 2:18:42
  Is this Giles there I am. OK.
• 2:18:45
  What is your DLC number, 768203? OK.
• 2:18:51
  And do you have a OK, this is a parole here, so I'm sorry, we
• 2:18:56
  don't need to hear. It's not a revocation.
• 2:18:58
  So I don't need a formal to be filled out.
• 2:19:00
  OK. And what you were at Louisiana
• 2:19:02
  Correctional Institute for Women.
• 2:19:04
  And we're going to we're going to take it like this.
• 2:19:07
  We're going to hear a little bit about what you did.
• 2:19:12
  So we're going to talk to the warden or representative of the
• 2:19:15
  facility there about the kind of person that you've been since
• 2:19:19
  they've come to know you. And we're going to let Miss Jane
• 2:19:22
  Hogan, your attorney, wrap up things for the support in.
• 2:19:27
  Then we will turn it over to the opposition and we have three
• 2:19:32
  people that will be speaking in opposition to the parole and
• 2:19:36
  then we will finish that out with the Attorney General's.
• 2:19:40
  Let's see Mr. Joseph LeBeau and he'll finish up if that's OK
• 2:19:45
  with you. He'll finish it up and then
• 2:19:47
  we'll ask questions and deliberate.
• 2:19:50
  So if you would tell us, tell us what you did and why you
• 2:19:54
  weren't, why you feel like you deserving of a parole.
• 2:19:57
  Well, in 2018, I was at a custody exchange.
• 2:20:01
  My estranged husband tried to attack me when I was trying to
• 2:20:03
  leave, jerked, jerked open my car door.
• 2:20:06
  So I shot him. Now, I was convicted of second
• 2:20:09
  degree murder, and the Supreme Court overturned that
• 2:20:12
  conviction. It's worth noting that the
• 2:20:15
  justice even said that he may have done the same thing.
• 2:20:17
  And this was at oral argument. I wasn't charged with
• 2:20:20
  obstruction, which is what I'm here for today, until about a
• 2:20:23
  year later. And that stemmed from a phone
• 2:20:26
  call that I had with my sister, I want to say about a week or so
• 2:20:28
  after I was in jail. She asked what to do with a
• 2:20:31
  laptop that was in her possession.
• 2:20:33
  That belonged to me. And she told me the police were
• 2:20:36
  not searching my home. So I told her don't offer
• 2:20:39
  something that they're not looking for.
• 2:20:41
  My intent was not to obstruct anything or have her delete
• 2:20:46
  anything. It was really just so that I
• 2:20:48
  could have access to emails in my financial accounts online.
• 2:20:54
  I didn't think there was any harm in in having access to
• 2:20:57
  those accounts. And so anyhow, she, he had given
• 2:21:02
  the computer to a friend of mine who was also taking care of my
• 2:21:05
  dog. And Fast forward a year later, I
• 2:21:09
  get it charged with obstruction. The prosecutor, Joseph Lebow, I
• 2:21:14
  did hear him say, tell my attorney one time that if it
• 2:21:16
  were up to him, he would not have charged me with that, that
• 2:21:19
  that was the doing of the former AG Pat McGee.
• 2:21:23
  So I was kind of shocked that I'd received such a lengthy
• 2:21:26
  sentence for just that comment, which to me was was harmless
• 2:21:31
  because I didn't have any ill intent and keeping and I
• 2:21:34
  wouldn't have if they would have asked for it, if I would have
• 2:21:37
  knew they were looking for it, then that would have been
• 2:21:39
  different. But they weren't searching the
• 2:21:40
  home and I didn't feel that there was any need to just hand
• 2:21:44
  over the laptop without them asking.
• 2:21:48
  And I think it's also worth noting that I had all Apple
• 2:21:51
  devices. They had access to my cell
• 2:21:53
  phone. There was nothing that was on
• 2:21:55
  that laptop they could not view from the phone that was already
• 2:21:58
  in in their possession. So again, I did not see anything
• 2:22:01
  wrong with what I had done. OK, thank you.
• 2:22:04
  We appreciate that rendition. And and you're correct, you're
• 2:22:07
  not in asking for parole homicide.
• 2:22:11
  And we understand that as a board.
• 2:22:13
  OK, That's not on the table at this particular time.
• 2:22:17
  OK, Who would who would speak on behalf of the facility there?
• 2:22:22
  Who who would be the one to speak to be me?
• 2:22:24
  I'm Deputy Warden Luke Reames. OK, Deputy Warden, would you
• 2:22:28
  tell us what she's been like since you've known her since
• 2:22:31
  you've been in custody? She's been hailed at LCRW since
• 2:22:35
  April of 22. She's completed numerous
• 2:22:39
  vocational schools, she's a couple self help programs,
• 2:22:43
  rehabilitation, and she has 0 disciplinary reports.
• 2:22:47
  She's currently a medium level custody inmate and she works in
• 2:22:51
  our canteen. OK.
• 2:22:54
  All right, we appreciate that. OK, we'll move on to Miss Jane
• 2:22:58
  Hogan. Now.
• 2:22:59
  Miss Hogan, would you tell us what?
• 2:23:01
  What you've got? Thank you, Mr. Prater, and good
• 2:23:04
  morning to the board. I've, I've had the pleasure of
• 2:23:08
  representing the Charles for a number of years.
• 2:23:10
  You are correct, Mr. Prater, that we are not here today for
• 2:23:14
  parole hearing on the murder which was vacated by the
• 2:23:18
  Louisiana Supreme Court. It is worth noting that in that
• 2:23:21
  opinion the Supreme Court found that Miss Child, there was no
• 2:23:25
  evidence indicating that she was the aggressor.
• 2:23:27
  And so therefore, giving the jury the aggressor doctrine was
• 2:23:30
  prejudicial because it negated a presumption of reasonableness
• 2:23:34
  that would have otherwise attached to Miss Giles's
• 2:23:36
  actions, as we have Stand Your Ground law in Louisiana.
• 2:23:40
  So she's currently presumed innocent of that charge.
• 2:23:44
  She is pending a retrial in Rapides Parish.
• 2:23:46
  She looks forward to clearing her name for that charge.
• 2:23:48
  But we are not here today for that.
• 2:23:51
  What we are here for is the obstruction count.
• 2:23:53
  And as the Warden has indicated, despite the unique circumstances
• 2:23:58
  of this case and despite the situation that Mister Miss Giles
• 2:24:01
  has found herself in, she has been a model individual.
• 2:24:04
  No disciplinary write up. She worked as a mentor in the
• 2:24:07
  intensive incarceration program. She took horses and moral
• 2:24:11
  compass and obtained a trade in welding.
• 2:24:14
  She's currently in the ServSafe class, She worked for the dog
• 2:24:17
  program and she worked in commissary for a number of
• 2:24:19
  years. So she has proven that she is
• 2:24:21
  able to follow rules that she does not pose a threat.
• 2:24:24
  She has a low risk of recidivism if she is granted parole.
• 2:24:28
  And I would would also like to mention that she has a detainer
• 2:24:32
  on her from Rad Pete's Parish where she is pending retrial.
• 2:24:35
  So we are asking the board to parole Miss Charles to that
• 2:24:39
  detainer so that she can so that this portion of her sentence.
• 2:24:43
  And it's also worth noting that the sufficiency of the evidence
• 2:24:47
  on the obstruction of justice conviction is currently pending
• 2:24:51
  before the Louisiana Supreme Court.
• 2:24:53
  As is the. Reasonableness of her sentence.
• 2:24:55
  So we don't yet know whether this obstruction count will be
• 2:24:58
  affirmed or will be ultimately vacated.
• 2:25:00
  So that is still pending. Also this case is active on on
• 2:25:03
  several levels. So what we're asking this court
• 2:25:05
  to do, this court has the ability to parole someone to the
• 2:25:08
  detainer and we're asking them to do that.
• 2:25:11
  It's also worth noting that I know that the board mentioned
• 2:25:13
  that there are multiple people here to speak in opposition.
• 2:25:15
  We are not here for murder. We are here for obstruction,
• 2:25:19
  which is a victimless crime. So I would, I don't know who all
• 2:25:23
  is intending to speak in opposition and Miss Giles, but I
• 2:25:26
  don't know that any of them. I would just, I would just
• 2:25:29
  caution that any opposition that is, that is noted.
• 2:25:33
  That it be. Confined to the obstruction of
• 2:25:35
  justice count. That is what why we are here
• 2:25:37
  today. So that's the board to grant
• 2:25:39
  Miss Giles's parole request to her detainer so that she can go
• 2:25:44
  back to Rod Pete's Parish pending her retrial.
• 2:25:46
  Thank you. OK.
• 2:25:48
  Thank you, Miss. Hungry very much.
• 2:25:50
  OK. We have the people here that are
• 2:25:52
  going to speak in opposition. We have Thomas Kuti.
• 2:25:59
  Mr. Kuti, if I'm saying that right, are you going to speak to
• 2:26:02
  us, Sir? Yes, Sir.
• 2:26:04
  OK. Would you go to the podium,
• 2:26:05
  please, and identify yourself and tell us what you have have
• 2:26:10
  to say? Good morning, James.
• 2:26:14
  Thomas Kuti. September 8th.
• 2:26:17
  Katie Child. And she murdered Thomas.
• 2:26:20
  It's supposed to be A1. Field day birthday party.
• 2:26:23
  A chunk of cheese for my granddaughter's second birthday.
• 2:26:27
  It turned out to be the worst day of my life.
• 2:26:30
  In Walnut parking lot during the meeting they need.
• 2:26:34
  To pick up my. Son's two stepdaughters they go
• 2:26:37
  to the birthday morning tiger shot and killed my son called up
• 2:26:42
  in front of the three children. Hey this.
• 2:26:45
  Could I stop? You for just a minute please,
• 2:26:47
  Sir, I'd like AI think we need to go into.
• 2:26:52
  An. Executive session if that's OK.
• 2:26:54
  I'll second it. If they got a motion and a
• 2:26:56
  second and no opposition to an executive session, we're going
• 2:27:00
  to step to the back for just a moment and discuss a procedural
• 2:27:04
  matter that has to do with the taking of this testimony.
• 2:27:11
  Anyway, if the time is 9:27 and. We're going to.
• 2:27:15
  Step to the back for just a moment.
• 2:27:19
  OK, friends, we're actually in the way back machine here just a
• 2:27:22
  little bit, so I'm going to push forward since we're getting
• 2:27:25
  close to the end of the hour so we can try to get this whole
• 2:27:27
  thing in. Yeah, right about here.
• 2:27:32
  We'll let it run from here. So.
• 2:27:35
  That is the moment. That is the moment my life's
• 2:27:38
  changed forever. Since that day, I've been
• 2:27:41
  filled, sent this anger and grief.
• 2:27:44
  Thomas is dead, has left me the infamous and son that will help
• 2:27:50
  me the rest of the days. Miss him so much.
• 2:27:52
  He was my oldest son, my child and my friend.
• 2:27:56
  While Kayla was out on bail awaiting the murder trial, he
• 2:28:01
  was granted permission by the judge and Bill that her son in
• 2:28:04
  Oklahoma. Only Kayla didn't go to see her
• 2:28:06
  son. Instead, she went to see.
• 2:28:09
  One of her. Daughter through that witness of
• 2:28:11
  murder because she violated a course harder.
• 2:28:16
  The bond was removed from the attempted court on the on that
• 2:28:20
  same night. I've been leaving the state.
• 2:28:23
  February 7th, 2020 her house burned down The fire Marshall's
• 2:28:28
  office ruled the fire is intentionally set and
• 2:28:32
  suspicious. It is still on the investigation
• 2:28:36
  today. It was later found out there was
• 2:28:38
  a suspicious fire at her house previous in Oklahoma during a
• 2:28:46
  the divorce of her husband back in 2013.
• 2:28:50
  Later in October 2020 when she was out on bail and she was
• 2:28:55
  arrested and charged with felony identity theft, felony money
• 2:28:59
  laundry, government benefit fraud and criminal conspiracy
• 2:29:05
  stealing the identities of approximately 25 people or more
• 2:29:10
  to file for fraudulent COVID-19 related unemployment claims
• 2:29:15
  valued at approximately $300,000.
• 2:29:19
  Kayla went to trial and on January 29th she was found
• 2:29:23
  guilty of second degree Burden Obstructing justice.
• 2:29:26
  She was sentenced to life prison without parole for 30 years.
• 2:29:30
  Because of her appeals, she has been granted A retrial and the
• 2:29:34
  trial is still pending. Kayla is the definition of a
• 2:29:39
  sociopath. She is a dangerous society with
• 2:29:44
  no regard for the law. To this day, she has shown no
• 2:29:48
  remorse for the murder. My my son.
• 2:29:53
  Excuse me? Everything she does is for one
• 2:29:57
  or two goes money or revenge. And I guarantee you that if she
• 2:30:02
  gets out on parole she will strike again.
• 2:30:06
  And I said she will strike again.
• 2:30:08
  For this reason, I'm asking for old board to keep Kayla locked
• 2:30:12
  up. Ben and Herb, I've come to
• 2:30:14
  murder Trump. Thank you.
• 2:30:17
  Thank you, Sir. Sorry for your loss.
• 2:30:19
  OK, let's hear from Miss Pamela Lafarge.
• 2:30:25
  Dear honourable member Juggling Pearlboard, I want to begin by
• 2:30:29
  introducing myself. I'm Pamela QT Lafarge.
• 2:30:33
  I was born and raised in Baton Rouge, went to LSU, graduated
• 2:30:37
  with the BS and finance. I am Tommy Kuti's first cousin,
• 2:30:42
  his son Thomas Junior. I refer to him as T.
• 2:30:46
  How long have I known him? I've known him this long.
• 2:30:51
  This is a picture of his birth announcement August the 17th,
• 2:30:54
  1988. Tom T was more than family.
• 2:30:58
  He was more to my family than just our cousin.
• 2:31:01
  To my husband, Craig and I, he was more like a son.
• 2:31:05
  We live in Baton Rouge, but we would visit family often in
• 2:31:08
  Alexandria, Pineville. We would stay in a hotel and
• 2:31:12
  every time we drove up, T was already there waiting on us.
• 2:31:16
  He would stay with us for the whole weekend.
• 2:31:18
  He was five and six years older than my girls, but they grew up
• 2:31:23
  feeling he was more like their Big Brother.
• 2:31:26
  He was a blessing to us all. Doing research on what I was
• 2:31:30
  going to say, I came across. Marcy.
• 2:31:33
  'S law that gives victims the opportunity.
• 2:31:37
  To be heard. At a parole hearing.
• 2:31:40
  So here I am very glad to have. Found.
• 2:31:43
  This because sometimes it seems like the defendant has more
• 2:31:46
  rights than the victims. I still remember the day I got
• 2:31:50
  the call. I was out at LSU tailgating for
• 2:31:53
  an LSU football game. Had to walk away to be able to
• 2:31:57
  hear the call. Fell to my.
• 2:31:58
  Knees and began wailing in disbelief.
• 2:32:02
  He was the kindest, sweetest, compassionate, happy, honest,
• 2:32:07
  hard working, funny, loving person who would never, who will
• 2:32:14
  never be replaced. There will never be another.
• 2:32:18
  He was so special. MMA was brought up at the trial.
• 2:32:23
  It has nothing to do with anger. It is merely a sport.
• 2:32:28
  He is a lover, not a fighter. He loved deeply, whether it was
• 2:32:33
  his daughter, family, raising friends or work.
• 2:32:39
  He touched so many. He will live on in our hearts
• 2:32:44
  and our memories. It is so hard for me to describe
• 2:32:48
  the overwhelming emotion Tommy TS dad has felt since the day of
• 2:32:53
  the shooting. He's not the person he used to
• 2:32:56
  be. A part of him died that day
• 2:33:00
  alongside T. He's been grieving this whole
• 2:33:04
  entire time. His job now is to make sure he
• 2:33:08
  gets the justice we all deserve for our laws.
• 2:33:12
  Then maybe, just maybe, he can start to heal.
• 2:33:15
  I think closure for Tommy will be when he sees when he sees
• 2:33:20
  God's face. What do I want from this
• 2:33:22
  hearing? I want her to remain behind
• 2:33:26
  bars. The defendant gave TA life
• 2:33:28
  sentence so that is what we want in return.
• 2:33:32
  Kyle has shown time and time again that she doesn't respect
• 2:33:36
  or think she has to follow the laws.
• 2:33:39
  The destruction charge accuses her of intentionally removing
• 2:33:43
  and. Hiding a bag from her.
• 2:33:44
  House that had. Electronic evidence.
• 2:33:47
  With the civic intent of distorting the results of
• 2:33:50
  investigating into the shooting. When investigators finally got
• 2:33:54
  the laptop, they found some someone had been using it to
• 2:33:59
  search information of Louisiana's standard ground and
• 2:34:03
  justifiable homicide laws. She fatally shot my 30 year
• 2:34:09
  young cousin in the chest that pierced his heart.
• 2:34:13
  She. Said she was scared because he
• 2:34:17
  called her the B word. She didn't even try to help him.
• 2:34:21
  She respected and would never put hands on a woman or any
• 2:34:25
  woman, it is also reported. That none of the.
• 2:34:29
  Three girls were injured. Well, I beg to differ.
• 2:34:33
  Those girls will forever remember that day and the horror
• 2:34:36
  they witnessed in poor Tessa Dee's daughter.
• 2:34:40
  She will always remember that her birthday as the same.
• 2:34:44
  Day. Her daddy was taken from her.
• 2:34:47
  Here are a Here are more examples of gals not following
• 2:34:51
  the rules and laws. A gag order exists in her case
• 2:34:55
  and she still passed a letter to KALBTV through her sister.
• 2:35:00
  She wanted to contact media. About the case.
• 2:35:03
  And a letter contained information concerning the case.
• 2:35:07
  Giles asked her friend of 17 years to borrow her gun to shoot
• 2:35:11
  teeth. Her friend testified to that
• 2:35:15
  also. There was evidence of Giles
• 2:35:17
  recorded jail phone calls, one saying that she would leave the
• 2:35:22
  state if she got out of jail. She tried to conceal evidence of
• 2:35:26
  premeditation in the case in which she claimed self-defense.
• 2:35:32
  State ruled a fire was intentionally set at Pineville,
• 2:35:36
  home of Giles and Thomas Junior. She had misused funds from the
• 2:35:43
  victim's account before his death.
• 2:35:46
  She also was granted permission to leave the state of Louisiana
• 2:35:49
  to visit her son and his father in Oklahoma.
• 2:35:53
  This did not include visiting one of her daughters who
• 2:35:55
  witnessed the shooting, Identity theft, domestic violence and
• 2:36:00
  bragging on it. She said, quote, knock the shit
• 2:36:04
  out of Thomas. It felt good though.
• 2:36:07
  End Quote. Government benefits, fraud,
• 2:36:10
  money laundering, Tried opening a daggery bar when she was out
• 2:36:14
  on bond and one condition was that she not visit bars or
• 2:36:18
  casinos and on and on and on. I believe that there is undue
• 2:36:24
  risk that if she gets out on probation, gals will commit
• 2:36:28
  another crime. The defendant is in need for
• 2:36:32
  correctional treatment and a lesser sentence will deprecate
• 2:36:36
  the seriousness of her crimes. She was involved in multiple
• 2:36:41
  incidents for which sentences have not been imposed.
• 2:36:45
  Attorney General at the time, but now Governor of Louisiana
• 2:36:49
  Jeff Landry issued the following statement after his office
• 2:36:53
  obtained a conviction of Kayla Giles on charges of second
• 2:36:58
  degree murder and obstruction of justice.
• 2:37:00
  Quote today, justice was served to Kayla Giles by a jury of her
• 2:37:05
  peers in Rapides Parish. I pray her conviction provides
• 2:37:09
  some healing and closure to the victim's family.
• 2:37:12
  My office and I remain committed to doing all that we can to make
• 2:37:17
  Louisiana a safer place to work, live, worship and raise
• 2:37:22
  families. Even Louisiana Attorney General
• 2:37:25
  Liz Morrell commented on the Supreme Court when they vacated
• 2:37:30
  the second degree murder conviction.
• 2:37:32
  Excuse me, Mr. Spartan, would you?
• 2:37:34
  Kind of. Wrap it up.
• 2:37:35
  For us, please, we got some other witnesses.
• 2:37:37
  Once again, the outcome we hope for today is her parole.
• 2:37:44
  To be. Denied and for her to maintain
• 2:37:47
  the maximum sentence. Thank you in advance for your
• 2:37:49
  consideration. Thank you.
• 2:37:51
  I appreciate that. Appreciate it.
• 2:37:52
  I'm sorry for your sorry for your loss also.
• 2:37:55
  OK, Mr. Joseph LeBeau. Well, excuse me, not Megan
• 2:38:00
  Williams. Megan, would you talk to us,
• 2:38:02
  please? Thank.
• 2:38:05
  You. I'm writing this letter to
• 2:38:06
  regarding the configuring for Kayla Child who is convicted of
• 2:38:09
  serious crime completing obstruction of justice.
• 2:38:11
  I've been eating Kevin and currently waited trial for the
• 2:38:14
  murder of my brother Thomas Duty.
• 2:38:16
  As a victim. Of myself and family members
• 2:38:18
  followed, I feel intelligent for my concerns about the
• 2:38:21
  possibility of graining. The gravity of Kayla's actions
• 2:38:25
  did not be understated. The obstruction of justice
• 2:38:28
  signifies the latest disregard for the legal process and the
• 2:38:31
  pain caused by the crime. While.
• 2:38:33
  The identity theft highlights a troubling pattern of deceit and
• 2:38:36
  exploitation. Most of our mainly the ongoing
• 2:38:39
  trial for my brother Turner Pate murder has a shadow of doubt and
• 2:38:42
  fear over the prospect prospect of her release.
• 2:38:46
  The death of my identity was in a graduate violation that has
• 2:38:49
  caused my years of distressing complications beyond the median.
• 2:38:53
  So I have basic practical challenges including my credit,
• 2:38:56
  leave will take, my wages, gardens and ongoing anxiety
• 2:39:01
  about my personal security. The effects of Caleb's.
• 2:39:04
  Actions are still being are still affecting me today.
• 2:39:07
  My credit report has not been clear, my wages are still being
• 2:39:09
  garnered. The implications of identity
• 2:39:12
  theft is far reaching, affecting not only my financial Sydney but
• 2:39:15
  also my sense of safety in terms of the world around me.
• 2:39:17
  Moreover, Caleb's actions the day my.
• 2:39:19
  Brother died, should not be able.
• 2:39:20
  To live. She put her own children at risk
• 2:39:23
  of being harmed, as well as having them witness her shoot
• 2:39:26
  Thomas, my brother. 'S baby girl.
• 2:39:28
  Test a little. Lost her Mama and her daddy that
• 2:39:30
  day on her second birthday. She will never have a happy
• 2:39:33
  birthday because of Kayla's selfish.
• 2:39:35
  Actions. She will never know how much.
• 2:39:37
  Her daddy loves her brother than won't be so hard because she's
• 2:39:40
  been so young and she'd be taken away from her while my brother
• 2:39:44
  like died in the parking lot. She was making calls to get rid
• 2:39:46
  of her computer and other evidence.
• 2:39:48
  Kayla showed no remorse or anything about her actions that
• 2:39:51
  day. I ask you to please think about
• 2:39:53
  that baby girl and the other two girls weak to see that heinous
• 2:39:56
  active violence from her mother. That day when considering.
• 2:39:58
  Her eligibility for parole releasing.
• 2:40:01
  Hayla. Back into the community.
• 2:40:02
  Posted a risk not only to those who are connected to my brother,
• 2:40:05
  but to the public at large. The.
• 2:40:07
  Emotional and psychological. Toll that my family has endured
• 2:40:10
  since T's death is immeasurable, and safety remains of care about
• 2:40:13
  concern as big as a victim of her actions I ask you to
• 2:40:17
  consider. The severity.
• 2:40:19
  Of Kayla's crimes and the impact of her actions they have had.
• 2:40:22
  On my family. And as well as their own
• 2:40:24
  children in the community. Thank you for your attention.
• 2:40:27
  To this matter, and I trust that you'll make a decision.
• 2:40:29
  That prioritizes justice and safety to our community, OK?
• 2:40:34
  Thank you very much. For that and Mr. Joseph LeBeau.
• 2:40:38
  LeBeau and if you. Wrap up the.
• 2:40:45
  Those in opposition, we appreciate it, Sir.
• 2:40:47
  Thanks, Sir, the member for the Board.
• 2:40:48
  I'll try to keep my comments as brief as possible.
• 2:40:51
  I just want to start by saying that the suggestion that
• 2:40:54
  obstruction of justice has nothing to.
• 2:40:55
  Do with the. Underlying.
• 2:40:56
  Crime. Now it's a victimless crime.
• 2:40:59
  Is both offensive? And legally inaccurate.
• 2:41:02
  In fact, the sentence for obstruction of justice differs
• 2:41:05
  depending on what that underlying is.
• 2:41:08
  In this case, the defendant was convicted have been found guilt
• 2:41:12
  by a jury and twice by the Third Circuit Court of Appeals agreed
• 2:41:16
  that the. Evidence.
• 2:41:17
  Was sufficient of obstructing justice by tampering of evidence
• 2:41:22
  leaning to constant so I do think the homicide.
• 2:41:26
  Not going to go through the. Entire facts of that homicide.
• 2:41:29
  Needless to say, the state. Will absolutely retry that
• 2:41:32
  murder and it is in fact pending as we speak.
• 2:41:36
  I think more importantly. Though is.
• 2:41:39
  The statement of the on the parole board you saw a person
• 2:41:42
  who has taken no responsibility for her actions despite being
• 2:41:47
  has no remorse and in fact. Has shown a.
• 2:41:49
  Propensity that she. Will, in fact.
• 2:41:51
  Reinvent the grant. She was.
• 2:41:54
  Convicted while on bond, violated multiple courts and is
• 2:41:58
  continuing. To.
• 2:42:00
  Deny any wrongful in this case and I think that is the most
• 2:42:04
  important thing for the parole War 2.
• 2:42:07
  There are alternative. Forms of remedy that are more
• 2:42:09
  appropriate. In fact.
• 2:42:11
  There is an appeal then that this child is pursuing.
• 2:42:14
  I think we can allow the Louisiana Supreme Court to make
• 2:42:17
  a decision whether or not that appeal is granted and that the
• 2:42:20
  Control Board should defer to the courts and allow that
• 2:42:24
  alternative form of relief. Alternatively, she's also
• 2:42:28
  eligible for good time at a date in the future, all less than
• 2:42:33
  seven years into a 30 years since not early enough.
• 2:42:37
  Would dump take seriousness the fact that she was trying to hide
• 2:42:41
  premeditation evidence, communications regarding
• 2:42:45
  violence towards the victim of the homicide, as well as
• 2:42:49
  evidence of committing other crimes against evicted.
• 2:42:52
  So the gentleman in full ward would ask if you to buy this job
• 2:42:56
  today and have her continue to serve this.
• 2:43:00
  Thank you. Thank you, Sir.
• 2:43:01
  We appreciate that. And that concludes those that
• 2:43:03
  are going to be speaking in favor, those of this parole and
• 2:43:07
  those in opposition of the parole.
• 2:43:09
  And we'll continue with Mr. Barat, who the case is assigned.
• 2:43:13
  To him to see if he's got. Any further questions or if he
• 2:43:17
  is ready for A? Not many questions.
• 2:43:20
  But we also have in opposition here at headquarters, Miriam
• 2:43:26
  Kuti. We have also Jessimo Jones
• 2:43:32
  opposition. We have Tucker Pearson with the
• 2:43:36
  A G's office who's opposed and not speaking.
• 2:43:39
  We have Renee Weeks who is opposed but not speaking.
• 2:43:43
  We have Catherine Pearson who's opposed and not speaking and
• 2:43:47
  Jeff Trailer who's opposed and not speaking.
• 2:43:52
  Also in the case, we have real strong opposition from the law
• 2:43:58
  enforcement back in the Alexandria area and Baton Rouge
• 2:44:03
  area and we have a strong letter from the Attorney General's
• 2:44:07
  office noting reasons why this parole request should be denied.
• 2:44:13
  I read through the case and all the reports and I really don't
• 2:44:17
  don't have any questions additional.
• 2:44:21
  Does anyone else? Tell us any questions.
• 2:44:23
  I have no questions. All right without any further
• 2:44:28
  questions I'll cast the first vote since the sign of me and
• 2:44:31
  I'll vote too deny this request because of the law enforcement
• 2:44:37
  opposition and the continued threat to public safety and
• 2:44:43
  victim opposition. My vote also is to deny same as
• 2:44:48
  Mr. Ball row. Hey, my vote is to deny also.
• 2:44:51
  I don't think that near enough time has been served on 30 year
• 2:44:54
  sentence to begin with. And and that's what I basically
• 2:44:58
  place my decision on along with the opposition that's been
• 2:45:00
  mentioned. So as of today at 958 your your
• 2:45:04
  parole has been denied. Thank you.
• 2:45:07
  Well, I think at the very best, we can describe that as messy.
• 2:45:11
  I kind of want to go back and listen to it again, and I kind
• 2:45:14
  of want to do some research because I feel like there's some
• 2:45:17
  finer points there that I had trouble wrapping my brain
• 2:45:20
  around. I don't know if you guys feel
• 2:45:21
  the same, but there was a lot of layers and a lot of complexity
• 2:45:25
  to everything that was going on there.
• 2:45:27
  Anywho, that brings us to an end for this morning.
• 2:45:30
  I hope you all enjoyed yourself. I do have homework for you
• 2:45:34
  however, especially if you're going to join us for sidebar
• 2:45:38
  tonight. So as soon as the copy and paste
• 2:45:43
  decides to work here, there we go in the chat.
• 2:45:48
  I just dropped a link. This link is live for for
• 2:45:52
  channel members right now. It'll be live for everybody in
• 2:45:56
  two hours and it is the hearing that we saw yesterday in judge
• 2:46:02
  pills court, the sentencing of that Funeral Home director and
• 2:46:06
  that's homework for you to get up to speed.
• 2:46:09
  In case you don't remember that case, you didn't see it on our
• 2:46:11
  live show yesterday for sidebar tonight because that's what
• 2:46:14
  we're going to discuss. And that will be at 8:00 PM
• 2:46:17
  Eastern, 5:00 PM Pacific. So please do join us for that.
• 2:46:21
  If you just stick here, as soon as I end the stream, YouTube
• 2:46:24
  will send you over to that stream so you can set a reminder
• 2:46:28
  for that. I'll begin.
• 2:46:29
  Anywho, hope to see you tonight. If not, we'll see you tomorrow
• 2:46:32
  morning right here at the same time.
• 2:46:35
  In the meantime, go have yourselves a great day.
• 2:46:36
  Take care, God bless.