[00:00.000 --> 00:05.940]  This news brief brought to you by the International News Network.
[00:05.940 --> 00:11.620]  Honduran President Manuel Zelaya has vowed to end his month-long exile by staging a dramatic
[00:11.620 --> 00:13.900]  border crossing from Nicaragua.
[00:13.900 --> 00:19.260]  Zelaya was ushered out of the country by the Honduran military on June 28th.
[00:19.260 --> 00:24.460]  The Washington Post says the health care industry is spreading rumors that 77 percent of Americans
[00:24.460 --> 00:27.740]  are satisfied with their existing health insurance coverage.
[00:27.740 --> 00:34.660]  However, a New York Times, CBS News survey found 72 percent of Americans favor a public
[00:34.660 --> 00:36.260]  plan.
[00:36.260 --> 00:42.020]  Russian and Chinese military forces are taking part in a five-day exercise in China aimed
[00:42.020 --> 00:47.060]  at quelling terrorists who have captured a city and provoked massive riots.
[00:47.060 --> 00:51.340]  This news brief brought to you by the International News Network.
[00:51.340 --> 00:57.220]  Senate Democrats Wednesday narrowly defeated a Republican proposal to allow concealed weapons
[00:57.220 --> 00:59.660]  to be carried across state lines.
[00:59.660 --> 01:05.260]  The vote capped a furious effort by Majority Whip Dick Durbin and Senator Charles Schumer.
[01:05.260 --> 01:10.780]  Schumer, who led the effort to kill the amendment, said its defeat means, quote, lives have been
[01:10.780 --> 01:15.700]  saved, adding, the passage of this amendment would have done more to threaten the safety
[01:15.700 --> 01:20.940]  of New Yorkers than anything since the repeal of the assault weapons ban.
[01:20.940 --> 01:26.220]  The vote was a rare defeat for the National Rifle Association, which described the amendment
[01:26.220 --> 01:31.100]  as a way to push back against an increasingly hostile atmosphere for gun owners.
[01:31.100 --> 01:35.980]  A coalition of U.S. mayors, mayors against illegal guns, co-chaired by New York City
[01:35.980 --> 01:41.820]  Mayor Michael Bloomberg, lobbied senators far more intensely than in other recent gun
[01:41.820 --> 01:43.460]  votes in the Senate.
[01:43.460 --> 01:52.360]  Bloomberg called the amendment an intrusive and destructive bill.
[01:52.360 --> 01:57.620]  The American Academy of Environmental Medicine says genetically modified foods have not been
[01:57.620 --> 02:01.660]  properly tested and pose a serious health risk.
[02:01.660 --> 02:07.700]  Recently the AAEM called on physicians to educate their patients, the medical community
[02:07.700 --> 02:11.500]  and the public to avoid genetically modified foods.
[02:11.500 --> 02:17.500]  They called for a moratorium on GM foods, long-term independent studies and labeling.
[02:17.500 --> 02:24.480]  The AAEM said animal studies indicate serious health risks associated with GM food include
[02:24.480 --> 02:31.740]  infertility, immune problems, accelerated aging, insulin regulation and changes in major
[02:31.740 --> 02:35.220]  organs and the gastrointestinal system.
[02:35.220 --> 02:38.100]  More and more doctors are prescribing GM free diets.
[02:38.100 --> 02:44.500]  Dr. Amy Dean, a Michigan internal medicine specialist and board member of AAEM says,
[02:44.500 --> 03:01.380]  I strongly recommend patients eat strictly non-genetically modified foods.
[03:01.380 --> 03:05.060]  You feel tired when talking about important topics like money and politics?
[03:05.060 --> 03:09.300]  Are you confused by words like the Constitution or the Federal Reserve?
[03:09.300 --> 03:13.820]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[03:13.820 --> 03:19.100]  Hi, my name is Steve Holt and like millions of other Americans I was diagnosed with stupidity
[03:19.100 --> 03:20.300]  at an early age.
[03:20.300 --> 03:24.300]  I had no idea that the number one cause of the disease is found in almost every home
[03:24.300 --> 03:26.420]  in America, the television.
[03:26.420 --> 03:31.420]  Unfortunately that puts most Americans at risk of catching stupidity but there is hope.
[03:31.420 --> 03:35.180]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering
[03:35.180 --> 03:40.100]  from sports zombieism recover and because of Brave New Books I now enjoy reading and
[03:40.100 --> 03:44.380]  watching educational documentaries without feeling tired or uninterested.
[03:44.380 --> 03:51.740]  So if you or anybody you know suffers from stupidity then you need to call 512-480-2503
[03:51.740 --> 03:55.860]  or visit them at 1904 Guadalupe or bravenewbookstore.com.
[03:55.860 --> 03:59.220]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary
[03:59.220 --> 04:01.220]  and an overall increase in mental functioning.
[04:01.220 --> 04:08.940]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[04:08.940 --> 04:15.940]  And free speech talk radio at it's best.
[04:38.940 --> 05:04.740]  You are listening to the Rule of Law, Randy Kelton and Debra Stevens.
[05:04.740 --> 05:05.740]  Then you must be cool.
[05:05.740 --> 05:11.540]  You must get cooled in other words by us.
[05:11.540 --> 05:20.340]  It is Thursday July 23rd and I just had an announcement to make concerning the last show
[05:20.340 --> 05:25.940]  that was Steve Skidmore and Neil Switkowski of Endless Fraud Detection.
[05:25.940 --> 05:28.860]  They are coming to Rule of Law Radio.
[05:28.860 --> 05:33.820]  We're going to be putting them up on Thursday evenings from 10 to midnight right after us,
[05:33.820 --> 05:34.820]  not tonight.
[05:34.820 --> 05:37.620]  We don't know what the date is that they are going to start, but they will be starting
[05:37.620 --> 05:38.620]  their show soon.
[05:38.620 --> 05:45.540]  They're going to be talking about commercial law, the fraud of the banking system and all
[05:45.540 --> 05:49.580]  these sorts of things, how the mortgage system works, how the credit card industry works
[05:49.580 --> 05:50.860]  and all that kind of good stuff.
[05:50.860 --> 05:57.500]  So we are happy to welcome them to the network and also wanted to just report that we are
[05:57.500 --> 06:05.140]  having some server issues in Chicago with the Chicago servers and we do not at this
[06:05.140 --> 06:07.660]  time have our 16K stream.
[06:07.660 --> 06:13.220]  I've been working fast and furious for the last little bit here to change everything
[06:13.220 --> 06:14.220]  over to new servers.
[06:14.220 --> 06:18.820]  So hopefully everything should be working fine for the 64K stream at this time, but
[06:18.820 --> 06:21.780]  we do not have a 16K stream at this time.
[06:21.780 --> 06:26.220]  So we will be letting you know when that is back up.
[06:26.220 --> 06:33.500]  In the meantime, Randy tonight is going to start off by talking about the art of cross
[06:33.500 --> 06:34.500]  examination.
[06:34.500 --> 06:35.500]  Yes.
[06:35.500 --> 06:43.620]  I have a book, I first heard it on another program, a friend of mine who has nothing
[06:43.620 --> 06:49.300]  to do with law headed on her shelf and I stole it from her.
[06:49.300 --> 06:57.700]  It's the art of cross examination by Francis Wellman published in 1903.
[06:57.700 --> 07:04.420]  Now I originally picked it up because I'm a student of language and I liked the way
[07:04.420 --> 07:08.860]  he turned a phrase.
[07:08.860 --> 07:14.900]  Late 1800s, early 1900s, they used the language somewhat different than we do today and I
[07:14.900 --> 07:17.780]  liked his use of language.
[07:17.780 --> 07:25.540]  But as I read through it, I was impressed with his depth of understanding of the psychology
[07:25.540 --> 07:28.260]  of the living mind.
[07:28.260 --> 07:36.140]  He has a better understanding of human beings than most psychologists I've ever talked to.
[07:36.140 --> 07:44.540]  But he transmits this information from the perspective of dealing with witnesses and
[07:44.540 --> 07:50.820]  I find much of what he says to be very, very true.
[07:50.820 --> 07:58.260]  And right at the very beginning, I have a bunch of passages marked out.
[07:58.260 --> 08:05.140]  This goes to an issue that keeps coming up on this show and with people I talk to about
[08:05.140 --> 08:08.260]  legal matters.
[08:08.260 --> 08:14.860]  People keep asking me questions about whether this is wrong or that's wrong or is there
[08:14.860 --> 08:19.260]  something I can do about this or something I can do about that.
[08:19.260 --> 08:26.460]  And I tend to find myself thinking a lot of times they're making distinctions without
[08:26.460 --> 08:28.460]  a difference.
[08:28.460 --> 08:34.540]  Yes, something may be wrong but what happens if you win your point?
[08:34.540 --> 08:36.860]  Does it make a difference?
[08:36.860 --> 08:43.440]  And here, in discussing the methods to employ when cross-examining a witness, let us imagine
[08:43.440 --> 08:48.540]  ourselves at the work in the trial of a cause and at the close of the direct examination
[08:48.540 --> 08:52.380]  of a witness called by our adversary.
[08:52.380 --> 08:59.060]  The first inquiry would naturally be, has the witness testified to anything material
[08:59.060 --> 09:01.600]  against us?
[09:01.600 --> 09:04.300]  Has he made an impression with the jury against us?
[09:04.300 --> 09:09.620]  Is it necessary for us to cross-examine him at all?
[09:09.620 --> 09:17.540]  We seem to, every time we find an issue that we can take on, feel like we must take on
[09:17.540 --> 09:21.060]  that issue.
[09:21.060 --> 09:27.540]  And sometimes it's better to leave issues alone.
[09:27.540 --> 09:35.620]  I was once prosecuted for resisting arrest when a policeman tried to kill me.
[09:35.620 --> 09:44.860]  And their only witness, other than the police officers, was a fellow who wasn't as credible
[09:44.860 --> 09:48.100]  as he could be.
[09:48.100 --> 09:55.220]  He testified and when he was finished, I asked him if he had been drinking at the time that
[09:55.220 --> 09:56.580]  he witnessed the incident.
[09:56.580 --> 10:01.020]  Oh, no, no, no, I haven't been drinking.
[10:01.020 --> 10:05.540]  Mr. Starr, I have your criminal history here.
[10:05.540 --> 10:08.340]  You have been a bad boy.
[10:08.340 --> 10:10.100]  Have you ever been arrested for DUI?
[10:10.100 --> 10:13.340]  Oh, yeah, once or twice.
[10:13.340 --> 10:22.140]  Once or twice, three times maybe, four, well, maybe five, seven, nine, ten, Mr. Starr.
[10:22.140 --> 10:24.080]  Well, yeah, maybe.
[10:24.080 --> 10:27.020]  No more questions.
[10:27.020 --> 10:31.740]  When I walked out of the courtroom that day, I was met by a fellow named Robert Hopkins.
[10:31.740 --> 10:42.880]  He had just ran for state representative and he complimented me on handling the witness.
[10:42.880 --> 10:49.940]  He said, I was afraid you would ask him a lot of questions, but by simply asking a couple
[10:49.940 --> 10:55.420]  of questions and establishing his credibility and being quiet, it did me a lot more good
[10:55.420 --> 10:57.460]  than anything else.
[10:57.460 --> 11:07.380]  Then let me go on on how to deal with the witness and this next passage goes to posture.
[11:07.380 --> 11:17.060]  We talk about posture quite a bit, it's how we hold our mind when we come into the court,
[11:17.060 --> 11:25.260]  how we dress, how we stand, how we interact with the other side.
[11:25.260 --> 11:30.200]  And here, if the cross examiner allows the witness to suspect from his manner toward
[11:30.200 --> 11:37.980]  him at the start that he distrusts his integrity, he will straighten himself in the witness
[11:37.980 --> 11:41.660]  chair and mentally defy him at once.
[11:41.660 --> 11:47.660]  If on the other hand, the counsel's manner is courteous and conciliatory, the witness
[11:47.660 --> 11:54.540]  will soon lose the fear all witnesses have of the cross examiner and can almost imperceptibly
[11:54.540 --> 12:00.980]  be induced to enter into a discussion of his testimony in a fair-minded spirit, which if
[12:00.980 --> 12:10.860]  the cross examiner is clever, will soon disclose the weak points in the testimony.
[12:10.860 --> 12:21.700]  When I go into a courtroom or a clerk's office, I always try to joke with them, I always try
[12:21.700 --> 12:31.140]  to seem pleasant and when they step across a legal line, they never hear me jump up and
[12:31.140 --> 12:38.060]  down and rant and rave and tell them what their duties are and what my rights are.
[12:38.060 --> 12:41.620]  They've heard all that a hundred times.
[12:41.620 --> 12:51.900]  At first I try to be pleasant and cordial and when they act inappropriately to a point
[12:51.900 --> 12:59.780]  that I have to do something, then I tend to go get someone else and I try to be pleasant
[12:59.780 --> 13:06.900]  and cordial with them while I'm trying to get them to beat up the first guy.
[13:06.900 --> 13:19.180]  I find over time that any time I allow myself to respond to my anger and frustration, I
[13:19.180 --> 13:22.220]  always lose as a result.
[13:22.220 --> 13:25.260]  It always costs me.
[13:25.260 --> 13:35.120]  So it is of paramount importance that we maintain personal discipline, that we establish a posture
[13:35.120 --> 13:37.140]  and maintain the posture.
[13:37.140 --> 13:41.620]  Okay, I'm going to go to the next one.
[13:41.620 --> 13:48.100]  The counsel who has a pleasant personality, who speaks with apparent frankness, who appears
[13:48.100 --> 13:54.420]  to be an earnest searcher after the truth, who is courteous to those who testify against
[13:54.420 --> 14:01.220]  him, who avoids delaying constantly the progress of the trial by innumerable objections and
[14:01.220 --> 14:08.780]  exceptions to perhaps incompetent but harmless evidence, who seems to know what he is about
[14:08.780 --> 14:15.580]  and sits down when he has accomplished it, exhibiting a spirit of fair play on all occasions.
[14:15.580 --> 14:21.740]  He it is who creates an atmosphere in favor of the side which he represents, a powerful
[14:21.740 --> 14:34.100]  low subconscious influence with the jury in arriving at their verdict.
[14:34.100 --> 14:40.660]  They always have a problem if you go out of your way to be reasonable.
[14:40.660 --> 14:51.200]  And that's not to say you're not firm as well, but if you're not angry and hyper and argumentative,
[14:51.200 --> 14:57.100]  it makes it much more difficult for the other side to demonize you.
[14:57.100 --> 15:02.100]  And if they can't, if someone can't argue against your point, then what they're going
[15:02.100 --> 15:12.180]  to want to do is say, well, he's a member of the Republic of Texas or some other such
[15:12.180 --> 15:14.700]  ad hominem attack.
[15:14.700 --> 15:23.500]  So if you treat the other side with courtesy and dignity when they attack you, then anyone
[15:23.500 --> 15:31.860]  watching, especially if there's a jury, they will tend to lean to your side.
[15:31.860 --> 15:37.700]  The next one, speak distinctly yourself and compel your witness to do so.
[15:37.700 --> 15:42.620]  Bring out your point so clearly that men of the most ordinary intelligence can understand
[15:42.620 --> 15:44.060]  them.
[15:44.060 --> 15:49.020]  Keep your audience, the jury, always interested and on the alert.
[15:49.020 --> 15:59.220]  And I thought that was an interesting remark, on the alert, because in fact, that's one
[15:59.220 --> 16:04.940]  of the things that I try to do with the jury or anyone that I'm dealing with is keep them
[16:04.940 --> 16:07.940]  on the alert.
[16:07.940 --> 16:15.980]  Trip them up to give them information in a way they hadn't expected it or draw attention
[16:15.980 --> 16:20.900]  to issues they hadn't considered.
[16:20.900 --> 16:28.820]  It engages the mind and avoids distraction, because when the mind gets distracted, it
[16:28.820 --> 16:32.100]  thinks up all sorts of mischief.
[16:32.100 --> 16:37.740]  Right after the break, I have a really interesting quote I think everyone's really going to like.
[16:37.740 --> 16:39.860]  Okay, we'll be right back.
[16:39.860 --> 16:46.460]  And by the way, just got word the 16K stream is back up for those of y'all who have motives
[16:46.460 --> 16:48.340]  and need 16K.
[16:48.340 --> 16:49.340]  So we will be right back.
[16:49.340 --> 16:55.500]  This is the rule of law, Randy Kelton and Deborah Stevens right here on ruleoflawradio.com.
[16:55.500 --> 16:59.100]  We'll be right back.
[16:59.100 --> 17:03.740]  You invest, you buy insurance, you wear your seatbelt, you do things to ensure your family's
[17:03.740 --> 17:05.020]  future and protection.
[17:05.020 --> 17:06.020]  But why?
[17:06.020 --> 17:07.100]  Just in case?
[17:07.100 --> 17:10.140]  With the current state of affairs, ask yourself, am I ready?
[17:10.140 --> 17:13.460]  Preparation starts at survivalgearsource.com.
[17:13.460 --> 17:17.860]  Survivalgearsource.com has a huge selection of vital products, emergency survival kits,
[17:17.860 --> 17:23.860]  gas masks, MREs, communication devices, products for pet care, your car, home, office and school.
[17:23.860 --> 17:28.020]  Protect against all natural disasters and terror attacks that can happen at any time.
[17:28.020 --> 17:32.180]  If you are not prepared, the last place you want to be is standing in FEMA lines.
[17:32.180 --> 17:33.660]  Invest in your future now.
[17:33.660 --> 17:39.060]  Visit survivalgearsource.com or call 877-231-1925.
[17:39.060 --> 17:43.540]  That's 877-231-1925.
[17:43.540 --> 17:45.540]  Survivalgearsource.com.
[17:45.540 --> 17:47.020]  Prepare for tomorrow now.
[17:47.020 --> 17:53.700]  When ordering from survivalgearsource.com, remember to use promo code ruleoflawradio.com.
[17:53.700 --> 18:04.660]  Again, that special promo code is ruleoflawradio.com.
[18:04.660 --> 18:31.260]  Okay, we are back, the rule of law, Randy Kelton and Deborah Stevens here on ruleoflawradio.com.
[18:31.260 --> 18:35.860]  Okay, Randy, go ahead.
[18:35.860 --> 18:48.700]  Okay, this one, I used this in a motion I filed the other day or a variation of it.
[18:48.700 --> 18:54.700]  Mr. Sergeant Ballantyne in his experiences, that's a book, quotes an instance in the trial
[18:54.700 --> 19:02.340]  of a prisoner on the charge of homicide where a once famous English barrister had been induced
[19:02.340 --> 19:08.180]  by the insistence of the prisoner's attorney, although against his own judgment to ask a
[19:08.180 --> 19:15.700]  question on a cross-examination, the answer to which convicted his client.
[19:15.700 --> 19:20.660]  Upon receiving the answer, he turned to the attorney who had advised him to ask it and
[19:20.660 --> 19:29.060]  said, emphasizing each word, go home, cut your throat, and when you meet your client
[19:29.060 --> 19:33.020]  in hell, beg his pardon.
[19:33.020 --> 19:42.820]  This is a section on be careful what you ask, always especially with attorneys in court.
[19:42.820 --> 19:50.060]  Don't ask the question you don't already know the answer to.
[19:50.060 --> 19:59.100]  When you go before these public officials, nothing substitutes for homework, and from
[19:59.100 --> 20:06.460]  the outside looking in, it seems like a really daunting task to do enough homework that you
[20:06.460 --> 20:16.540]  can keep up with learned counsel, but I assure you it's not near as difficult as it seems.
[20:16.540 --> 20:24.900]  Learned counsel is learned in lots of areas of law, and it makes him seem almost omnipotent
[20:24.900 --> 20:36.460]  in his knowledge, however, attorneys tend to be very knowledgeable in general law, but
[20:36.460 --> 20:42.500]  they are seldom well-versed in particular issues.
[20:42.500 --> 20:50.140]  Now, if you're going before the court, you don't have a multitude of issues.
[20:50.140 --> 20:59.260]  You're not doing family law, property law, contract law, civil law, criminal law.
[20:59.260 --> 21:00.260]  You're not doing all of those.
[21:00.260 --> 21:03.180]  You're only doing one thing.
[21:03.180 --> 21:07.140]  Most of ours are criminal, but some of them are civil, and even when they're civil or
[21:07.140 --> 21:15.260]  criminal, they're focused to a very specific issue, and if you go to the legal library
[21:15.260 --> 21:23.420]  and talk to the librarians, they'll show you how to research out those issues.
[21:23.420 --> 21:32.820]  First place you want to go is to a legal encyclopedia, like American Jurisprudence or Texas Digest,
[21:32.820 --> 21:37.660]  and pick keywords like if you've been charged with DUI.
[21:37.660 --> 21:41.780]  Just look up DUI in American Jurisprudence.
[21:41.780 --> 21:55.500]  Most larger college legal libraries will have the Texas Criminal Litigation Guide.
[21:55.500 --> 21:59.860]  I was going through that, and I went to DUI, and there was a whole section.
[21:59.860 --> 22:07.540]  I could get in on Lexis, so I went to the section on DUI, and it was a general section.
[22:07.540 --> 22:11.340]  It went over most all of the issues, and it's about four or five pages.
[22:11.340 --> 22:18.460]  Well, I wasn't doing what that was about at the time, so I just captured it out and dropped
[22:18.460 --> 22:26.540]  it in my research folder, and then one day I had an issue for somebody on DUI where they
[22:26.540 --> 22:37.660]  were arrested by someone other than the officer who stopped them.
[22:37.660 --> 22:44.700]  So I went to my research folder, pulled this out, and that son of a gun was about halfway
[22:44.700 --> 22:45.700]  through the page.
[22:45.700 --> 22:54.940]  It landed right square on my topic and gave me case law that supported what it was saying,
[22:54.940 --> 22:57.180]  and then it was easy enough.
[22:57.180 --> 23:01.100]  I'd go right on Google and put in the case name, and almost every time you'll get it.
[23:01.100 --> 23:06.140]  If not, you can get it on Findlaw or most any of these other legal research sites.
[23:06.140 --> 23:14.820]  So in no time, I had all the case law I needed surrounding my point.
[23:14.820 --> 23:19.380]  An attorney would have an extremely difficult time trying to compete with me.
[23:19.380 --> 23:28.380]  The litigation guides and the encyclopedias are good because they're there to help the
[23:28.380 --> 23:32.100]  prosecutor and the defense.
[23:32.100 --> 23:38.540]  So they give you a good idea how the prosecutor is going to try to prosecute it, how you can
[23:38.540 --> 23:45.500]  defend it, and what his rebuttals will be, and it's always good.
[23:45.500 --> 23:47.460]  You always want to find case law.
[23:47.460 --> 23:50.700]  I used to hear a lot of people complaining about case law.
[23:50.700 --> 23:53.260]  You shouldn't complain about case law.
[23:53.260 --> 23:56.220]  Case law is your friend.
[23:56.220 --> 24:02.060]  That's what the judge needs to hear, and you read these cases, and generally they are extremely
[24:02.060 --> 24:03.740]  well-written.
[24:03.740 --> 24:09.020]  They explain the point at issue in the particular case very well.
[24:09.020 --> 24:16.700]  Plus, they also tend to address closely associated issues.
[24:16.700 --> 24:24.580]  So if you read half a dozen cases on a particular topic, you will wind up pretty well-versed
[24:24.580 --> 24:29.900]  in all of the surrounding issues, and that's where the prosecutor or the other side will
[24:29.900 --> 24:34.140]  try to lead you off into the surrounding issues.
[24:34.140 --> 24:40.700]  But if you've actually read the cases, and you don't have to read the whole thing, you'll
[24:40.700 --> 24:49.260]  get a case that may be 100 pages, but generally in the top you'll have head notes, or at the
[24:49.260 --> 24:53.700]  beginning it will tell you what it's about and give you footnotes.
[24:53.700 --> 24:58.260]  You go down to the footnotes when you get to the section that's on the subject you're
[24:58.260 --> 25:06.820]  interested in, because for the most part what you're reading in case law are matters that
[25:06.820 --> 25:09.300]  have been appealed to a higher court.
[25:09.300 --> 25:14.020]  And when you appeal a case, you appeal it on points of error.
[25:14.020 --> 25:22.100]  And there can be 15 or 20 points of error in one case, and they can range to all sorts
[25:22.100 --> 25:25.540]  of things, most of which you don't care about.
[25:25.540 --> 25:32.940]  You only care about the point of error that you're specifically dealing with, and you
[25:32.940 --> 25:39.860]  get a dozen cases and most of them will only have one or two paragraphs or one section
[25:39.860 --> 25:44.020]  on your particular issue you're interested in, so you don't have to read the whole thing.
[25:44.020 --> 25:47.140]  It's not near as hard as it seems.
[25:47.140 --> 25:54.180]  And it gets to be very interesting at times in reading through the case law.
[25:54.180 --> 26:03.700]  The reason I wanted to bring this up is in listening to him, in reading the literature,
[26:03.700 --> 26:13.540]  it goes to something that I see in seasoned attorneys that I don't see in young attorneys
[26:13.540 --> 26:22.240]  or in a good portion of people in the legal reform community, and that is a lack of mental
[26:22.240 --> 26:25.540]  discipline.
[26:25.540 --> 26:34.100]  It takes a lot of work to discipline yourself so that you react consciously and carefully.
[26:34.100 --> 26:35.620]  Now, wait a minute, Randy.
[26:35.620 --> 26:40.780]  What you really mean is that you see mental discipline in the seasoned attorneys?
[26:40.780 --> 26:41.780]  Yes.
[26:41.780 --> 26:42.780]  Okay.
[26:42.780 --> 26:43.780]  Because you...
[26:43.780 --> 26:44.780]  All right.
[26:44.780 --> 26:45.780]  Didn't I say mental discipline?
[26:45.780 --> 26:46.780]  No.
[26:46.780 --> 26:47.780]  You said a lack of mental discipline.
[26:47.780 --> 26:48.780]  So it's kind of confusing.
[26:48.780 --> 26:49.780]  I'm sorry.
[26:49.780 --> 26:50.780]  I did that backwards.
[26:50.780 --> 26:53.100]  In seasoned attorneys and legal reform, thank you.
[26:53.100 --> 26:54.100]  Okay.
[26:54.100 --> 26:55.100]  All right.
[26:55.100 --> 26:56.100]  Just making that clear.
[26:56.100 --> 26:57.100]  I'm having a problem multitasking.
[26:57.100 --> 26:58.100]  I think...
[26:58.100 --> 26:59.100]  No, wait.
[26:59.100 --> 27:00.460]  Who has the lack of mental discipline here?
[27:00.460 --> 27:03.140]  I'm trying to think and talk at the same time.
[27:03.140 --> 27:04.140]  Okay.
[27:04.140 --> 27:05.140]  Go ahead.
[27:05.140 --> 27:06.620]  As I get older, that gets more difficult.
[27:06.620 --> 27:07.620]  Okay.
[27:07.620 --> 27:08.620]  Go ahead.
[27:08.620 --> 27:09.620]  Go ahead.
[27:09.620 --> 27:10.620]  Yes.
[27:10.620 --> 27:11.620]  In the seasoned attorney, he's had a lot of practice.
[27:11.620 --> 27:19.220]  And generally, the way he gets his practice is he says something incautiously, and a more
[27:19.220 --> 27:23.940]  seasoned attorney smacks him really good for it.
[27:23.940 --> 27:30.460]  And over time, they get better at being very careful in what they say and how they say
[27:30.460 --> 27:32.580]  it and the points they bring up.
[27:32.580 --> 27:42.020]  I especially liked early on where he addressed a witness and first thing to determine, did
[27:42.020 --> 27:46.740]  the witness do you any harm?
[27:46.740 --> 27:48.860]  Do I need to question this witness?
[27:48.860 --> 27:51.820]  What do I need to address?
[27:51.820 --> 28:00.180]  And I mentioned this to someone recently on verification of a debt.
[28:00.180 --> 28:05.060]  They had asked the other side in a credit card company for verification and validation
[28:05.060 --> 28:06.060]  of the debt.
[28:06.060 --> 28:13.020]  And they said all they got from them was an accounting, just a deal showing what they
[28:13.020 --> 28:15.540]  had charged.
[28:15.540 --> 28:21.300]  And they're going through all of this song and dance about verification of the debt.
[28:21.300 --> 28:24.780]  And the other side is simply ignoring it.
[28:24.780 --> 28:32.340]  Well, took about 10 minutes of case law research, and it became clear that that accounting that
[28:32.340 --> 28:38.180]  was given was verification of the debt.
[28:38.180 --> 28:45.260]  So the other side had given them verification and validation, but they didn't realize it.
[28:45.260 --> 28:51.020]  Because they were just parroting words that other people had told them.
[28:51.020 --> 28:55.220]  When somebody told them you need to demand verification and validation of the debt, the
[28:55.220 --> 29:03.780]  first question they should have asked should be, how will I know when I have received verification
[29:03.780 --> 29:07.620]  and validation of the debt?
[29:07.620 --> 29:15.260]  And what the answer would have been is an accounting of the charges and your payments.
[29:15.260 --> 29:21.820]  So the other side didn't address it because they wanted this guy to keep focused on something
[29:21.820 --> 29:32.500]  that was unimportant so that he wouldn't focus on the important issues, like standing, which
[29:32.500 --> 29:33.500]  would blow them.
[29:33.500 --> 29:34.500]  Okay.
[29:34.500 --> 29:35.500]  All right.
[29:35.500 --> 29:36.740]  Listen, we're going to break now.
[29:36.740 --> 29:40.940]  Do you guys want to, do you guys, do you want to take some calls, Randy?
[29:40.940 --> 29:42.420]  Should I open up the phone lines?
[29:42.420 --> 29:43.420]  Yes, open the phone lines.
[29:43.420 --> 29:45.460]  Okay, we're going to open up the phone lines.
[29:45.460 --> 29:46.460]  512-646-1984.
[29:46.460 --> 29:53.660]  So callers, if you'd like to call in and comment on this topic or other topics, that would
[29:53.660 --> 29:54.660]  be fine.
[29:54.660 --> 29:57.660]  Again, 512-646-98.
[29:57.660 --> 29:59.780]  Gold prices are at historic highs.
[29:59.780 --> 30:02.780]  And with the recent pullback, this is a great time to buy.
[30:02.780 --> 30:07.340]  With the value of the dollar, risks of inflation, geopolitical uncertainties and instability
[30:07.340 --> 30:10.860]  in world financial systems, I see gold going up much higher.
[30:10.860 --> 30:14.380]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[30:14.380 --> 30:17.900]  Everybody should have some of their assets in investment grade precious metals.
[30:17.900 --> 30:21.840]  At Roberts and Roberts Brokerage, you can buy gold, silver and platinum with confidence
[30:21.840 --> 30:26.860]  from a brokerage that specialized in the precious metals market since 1977.
[30:26.860 --> 30:30.600]  If you are new to precious metals, we will happily provide you with the information you
[30:30.600 --> 30:35.020]  need to make an informed decision whether or not you choose to purchase from us.
[30:35.020 --> 30:39.340]  Also, Roberts and Roberts Brokerage values your privacy and will always advise you in
[30:39.340 --> 30:42.740]  the event that we would be required to report any transaction.
[30:42.740 --> 30:46.860]  If you have gold, silver or platinum you'd like to sell, we can convert it for immediate
[30:46.860 --> 30:47.860]  payment.
[30:47.860 --> 30:51.620]  Call us at 800-874-9760.
[30:51.620 --> 31:01.660]  Here are Roberts and Roberts Brokerage, 800-874-9760.
[31:21.620 --> 31:41.380]  Here are Roberts Brokerage, 800-874-9760.
[31:41.380 --> 32:02.900]  Here's one that everybody can use.
[32:02.900 --> 32:09.820]  In the documents I sent to Cherokee County, I accused the police of testifying.
[32:09.820 --> 32:17.820]  I claimed that that was a term made up by the police to define how they testify before
[32:17.820 --> 32:19.900]  the court.
[32:19.900 --> 32:25.460]  And this particular passage addresses a witness who's not being truthful.
[32:25.460 --> 32:29.860]  If however, the manner of the witness and the wording of his testimony bear all the
[32:29.860 --> 32:36.540]  earmarks of fabrication, it is often useful as your first question to ask him to repeat
[32:36.540 --> 32:38.940]  his story.
[32:38.940 --> 32:45.220]  Usually he will repeat it in almost identically the same words as before, showing he has learned
[32:45.220 --> 32:46.960]  it by heart.
[32:46.960 --> 32:51.740]  Of course it is possible, though not probable, that he has done this and still is telling
[32:51.740 --> 32:53.540]  the truth.
[32:53.540 --> 32:59.860]  Try him by asking him, by taking him to the middle of his story, and from there jump him
[32:59.860 --> 33:03.480]  quickly to the beginning and then to the end of it.
[33:03.480 --> 33:09.060]  If he is speaking by rote rather than from recollection, he will be sure to succumb to
[33:09.060 --> 33:10.560]  this method.
[33:10.560 --> 33:14.940]  He has no facts with which to associate the wording of his story.
[33:14.940 --> 33:20.260]  He can only call it to mind as a whole and not in the detachments.
[33:20.260 --> 33:25.420]  Draw his attention to other facts entirely disassociated with the main story as told
[33:25.420 --> 33:27.180]  him by himself.
[33:27.180 --> 33:32.420]  He will be entirely unprepared for the new inquiries and will draw upon his imagination
[33:32.420 --> 33:34.660]  for answers.
[33:34.660 --> 33:40.140]  Distract his thoughts again to some new part of his main story and then suddenly, when
[33:40.140 --> 33:45.660]  his mind is upon another subject, return to those matters to which you had first called
[33:45.660 --> 33:49.900]  his attention and ask him the same question a second time.
[33:49.900 --> 33:54.740]  He will again fall back upon his imagination and very likely will give a different answer
[33:54.740 --> 33:59.380]  from the first and you will have him in the net.
[33:59.380 --> 34:06.220]  This was a level of psychological sophistication that surprised me out of the sky, that in
[34:06.220 --> 34:15.540]  reading that, I see earmarks of NLP and Gestalt and a lot of these different folks that try
[34:15.540 --> 34:22.580]  to explain how the human mind works with a bunch of esoteric theory.
[34:22.580 --> 34:31.260]  This guy had apparently a vast amount of empirical knowledge and anybody who goes before the
[34:31.260 --> 34:39.540]  court and has a police officer testify, you'll have an opportunity to try this out, to lie.
[34:39.540 --> 34:47.340]  I have never had an officer tell the truth, not ever.
[34:47.340 --> 34:53.340]  I don't know if it's deliberate or just that they don't remember right so they just tell
[34:53.340 --> 35:05.580]  a story.
[35:05.580 --> 35:06.980]  It appears that way.
[35:06.980 --> 35:24.100]  It's certainly moving to that point and it may be getting to the point at least if they
[35:24.100 --> 35:29.140]  get anyone on the jury who's ever had anything to do with the criminal justice system, then
[35:29.140 --> 35:30.820]  they're not going to believe them.
[35:30.820 --> 35:43.640]  I was doing a show Tuesday night and he got a very disturbing email from someone who was
[35:43.640 --> 35:53.640]  pulled over by a police officer and treated extremely harsh and he said he had never owned
[35:53.640 --> 36:04.420]  a gun in his life but he was going to purchase one to protect himself from the police.
[36:04.420 --> 36:11.060]  Then in all his life he never felt he needed one to protect himself from criminals but
[36:11.060 --> 36:16.780]  now an ordinary law by the individual feels like he needs to be armed to protect himself
[36:16.780 --> 36:19.340]  against the police.
[36:19.340 --> 36:26.860]  This is scary business.
[36:26.860 --> 36:37.780]  He was telling stories about in central Illinois, two or three policemen answered a call at
[36:37.780 --> 36:43.420]  a dormitory where there were children.
[36:43.420 --> 36:49.300]  I didn't know if it was a school of some sort or something else but it wasn't a reformatory
[36:49.300 --> 36:51.500]  or anything.
[36:51.500 --> 36:57.080]  They tased one 11-year-old in the bathtub.
[36:57.080 --> 37:05.980]  They held another 11-year-old down and tased him until he wet and defecated on himself.
[37:05.980 --> 37:15.340]  A 16-year-old girl who was begging them to stop, they choked her and threw her in a closet
[37:15.340 --> 37:23.460]  and choked her bad enough that in the closet she threw up, she was vomiting in the closet.
[37:23.460 --> 37:31.660]  I'm amazed how can grown men do this sort of thing and the ones that they did this to
[37:31.660 --> 37:37.580]  was not the one for which the police had been called.
[37:37.580 --> 37:42.900]  These are just kids in a dormitory.
[37:42.900 --> 37:50.460]  There were no charges against these children and these were children.
[37:50.460 --> 38:09.820]  What kind of human being does it take to do this to children?
[38:09.820 --> 38:37.820]  I guess that... Yeah, I guess I'm...
[38:37.820 --> 38:49.540]  I'm helping a woman in Hayes County that called the police for her husband who was intoxicated
[38:49.540 --> 38:55.740]  and he tended to become abusive when he was intoxicated.
[38:55.740 --> 38:58.980]  She didn't want to get around him but he had fell and she was afraid he'd hurt himself
[38:58.980 --> 39:02.140]  so she called the police.
[39:02.140 --> 39:07.580]  One of the policemen there had a grudge against her because she had given him a gift card
[39:07.580 --> 39:13.020]  as a Christmas present just to thank him for being a police officer.
[39:13.020 --> 39:16.620]  He accepted it and then got in trouble for accepting it.
[39:16.620 --> 39:21.860]  She didn't know it was improper to give it to him so he's got a grudge against her.
[39:21.860 --> 39:27.100]  She called the police, went back in her bedroom the way the police had told her to.
[39:27.100 --> 39:31.840]  They came in, knocked her to the floor, smashed her head into the floor.
[39:31.840 --> 39:37.980]  They gave her a concussion, knocked her out and when she woke up they were tasing her
[39:37.980 --> 39:41.860]  because she wouldn't respond to their demands.
[39:41.860 --> 39:50.940]  Now she's terrified of these police and with good cause.
[39:50.940 --> 39:57.020]  They then arrested her and the policemen that had the grudge against her stayed in her house
[39:57.020 --> 40:02.860]  and robbed her house while she was gone.
[40:02.860 --> 40:11.660]  It is getting outrageous.
[40:11.660 --> 40:15.380]  Am I still on?
[40:15.380 --> 40:21.220]  I don't hear anything.
[40:21.220 --> 40:28.540]  Hello are you there?
[40:28.540 --> 40:34.020]  Hello?
[40:34.020 --> 40:44.580]  I think we may have a problem.
[40:44.580 --> 40:48.580]  I'm not sure if we have a problem so I'll keep going as if we don't have a problem but
[40:48.580 --> 40:53.700]  it appears as though I'm still online.
[40:53.700 --> 40:54.700]  You're online, there's no problem.
[40:54.700 --> 40:59.180]  Oh, I could get, I got no response so I wasn't sure if I was.
[40:59.180 --> 41:02.180]  No, yeah, you're fine.
[41:02.180 --> 41:03.180]  Okay.
[41:03.180 --> 41:06.620]  Sometimes I feel like I'm talking to air.
[41:06.620 --> 41:09.420]  Well you are, that's why it's called being on the air.
[41:09.420 --> 41:12.060]  Oh okay, then that explains it.
[41:12.060 --> 41:16.420]  Okay, I'm going to kind of move ahead with this.
[41:16.420 --> 41:24.380]  This is one of my pet topics.
[41:24.380 --> 41:28.820]  Here you, okay, try to show that his story is inconsistent within yourself.
[41:28.820 --> 41:32.700]  This is dealing with witnesses who aren't telling the truth.
[41:32.700 --> 41:47.900]  Oh, there's a little give and take here where a attorney has a famous attorney as a witness
[41:47.900 --> 41:56.140]  and discredits him very subtly or artfully, a very prominent lawyer whose testimony if
[41:56.140 --> 42:02.500]  accepted by the jury would have ended an important litigation was entirely discredited by a resourceful
[42:02.500 --> 42:08.700]  watchful young Hebrew lawyer, evidently having heard the witness's desire to conceal the
[42:08.700 --> 42:14.540]  race of his birth, who saw his chance and pushed it to a victory with his first few
[42:14.540 --> 42:15.540]  questions.
[42:15.540 --> 42:18.540]  What is your name, Mr. Witness?
[42:18.540 --> 42:19.540]  Mr. Miles.
[42:19.540 --> 42:23.900]  Yes, I know your last name, but what is your full name?
[42:23.900 --> 42:25.940]  S. Coleman Wiles.
[42:25.940 --> 42:32.100]  Yes, so you said, but what does the S stand for Mr. Wiles?
[42:32.100 --> 42:33.420]  I never use it.
[42:33.420 --> 42:36.820]  I'm always addressed as Coleman Wiles.
[42:36.820 --> 42:41.820]  Well, you have an S in your name.
[42:41.820 --> 42:43.220]  What does it stand for?
[42:43.220 --> 42:45.860]  I tell you, I never use it.
[42:45.860 --> 42:50.340]  Judge, will you please tell the witness to answer my question?
[42:50.340 --> 42:58.140]  Certainly, Mr. Wiles, you will have to answer the question doggedly.
[42:58.140 --> 43:06.460]  The witness says S stands for Solomon, and just as a word of interest, this writer is
[43:06.460 --> 43:10.500]  from New York.
[43:10.500 --> 43:18.860]  Counsel in great surprise, five Mr. Wiles, was you ashamed of your name?
[43:18.860 --> 43:25.900]  And no jury in the jury box had any further use for either the witness or his testimony.
[43:25.900 --> 43:33.300]  Then the answer goes to somewhere else, but not the testimony in point of fact.
[43:33.300 --> 43:35.100]  Okay, listen, we're going to Bright now.
[43:35.100 --> 43:39.780]  We've got a caller on the line, Jerry from Oregon, so maybe we can start going to our
[43:39.780 --> 43:42.540]  calls when we get back on the other side.
[43:42.540 --> 43:46.380]  This is the rule of law, Randy Kelton and Deborah Stevens.
[43:46.380 --> 43:56.820]  We'll be right back.
[43:56.820 --> 43:59.660]  Special roast hemp coffee from HempUSA.org.
[43:59.660 --> 44:04.100]  Our coffee grows in the dense volcanic rich soil, herbicide and pesticide free, and in
[44:04.100 --> 44:08.620]  the high altitudes of Guatemala in conditions that are ideal for natural growth of this
[44:08.620 --> 44:09.940]  high quality coffee.
[44:09.940 --> 44:15.020]  Try our mellow cup of coffee that is ground and roasted with 25% hemp seed from Canada
[44:15.020 --> 44:18.940]  with a wonderful nutty flavor that contains 18% protein.
[44:18.940 --> 44:23.980]  Our roasters bring a unique flavor that makes this the best cup of coffee you'll ever have.
[44:23.980 --> 44:28.940]  Try our new special roast hemp coffee from HempUSA.org and wake up your brain without
[44:28.940 --> 44:30.060]  the jitters.
[44:30.060 --> 44:33.060]  Our customers look forward to their next cup of hemp coffee.
[44:33.060 --> 44:39.780]  Visit us at HempUSA.org or call 908-691-2608.
[44:39.780 --> 44:46.580]  That's 908-691-2608 and see if you'll change your mind about drinking coffee again.
[44:46.580 --> 45:08.140]  Taste the difference, feel the difference at HempUSA.org today.
[45:08.140 --> 45:12.900]  Okay, we are back, the rule of law, Randy Kelton and Deborah Stevens, and I'm sorry,
[45:12.900 --> 45:16.900]  the first half of that previous segment, my mic was only on the producer bridge.
[45:16.900 --> 45:22.100]  Sorry about that, listeners, I just got a lot of stuff going on tonight, trying to work
[45:22.100 --> 45:26.660]  with my tech crew here to get these servers back up online.
[45:26.660 --> 45:36.580]  I wanted to repeat my rant that I was ranting to Randy about these cops, and the topic of
[45:36.580 --> 45:41.340]  needing to defend yourself, I mean, it's gotten to the point where, yeah, we just about have
[45:41.340 --> 45:44.900]  to defend ourselves against the police because they're attacking our children.
[45:44.900 --> 45:48.900]  They attacked the children at the rainbow, all right, they shot them in the back last
[45:48.900 --> 45:49.900]  year.
[45:49.900 --> 45:54.460]  It was a horrible situation, and now these other stories about them tasing 11-year-olds
[45:54.460 --> 45:57.340]  in a bathtub, they could kill and electrocute them.
[45:57.340 --> 46:00.260]  What are these people thinking, choking a 16-year-old?
[46:00.260 --> 46:05.460]  I mean, until she's throwing up in the closet, I cannot believe this is a horrible thing,
[46:05.460 --> 46:09.980]  you know, and of course, when we get to the point where we feel, and some people actually
[46:09.980 --> 46:13.860]  take action to defend themselves against the police, then we're going to get accused of
[46:13.860 --> 46:15.940]  assault and attacking the police.
[46:15.940 --> 46:20.700]  But I'll tell you what, I think it's better to be accused of attacking the police than
[46:20.700 --> 46:25.580]  to be in the grave, okay, because a dead man can't defend himself, all right?
[46:25.580 --> 46:30.820]  At least I'll be alive, you know, to defend myself in a court of law, you know?
[46:30.820 --> 46:33.580]  I mean, this has gotten way out of hand.
[46:33.580 --> 46:40.420]  We've got ordinary, average citizens, individuals, people who are not conspiracy theorists or
[46:40.420 --> 46:44.820]  whatever that are feeling now and writing emails to talk show hosts that have never
[46:44.820 --> 46:49.620]  owned a gun in their life, that they have to buy a gun now because they're afraid that
[46:49.620 --> 46:52.500]  they're going to have to defend their life against the police.
[46:52.500 --> 46:58.740]  And you know, I guess that's where it's at, because I ain't going to let the cops kill
[46:58.740 --> 46:59.740]  me.
[46:59.740 --> 47:01.780]  Like I said, a dead man can't defend himself.
[47:01.780 --> 47:04.580]  At least I could defend myself in a court of law if I was alive.
[47:04.580 --> 47:05.580]  This is ridiculous, Randy.
[47:05.580 --> 47:07.340]  We've got to do something about it.
[47:07.340 --> 47:14.540]  The ACLU has, according to Pastor Massad, has records of over 300 people dying from
[47:14.540 --> 47:15.540]  tasers.
[47:15.540 --> 47:22.100]  No, no, I'm sure way more than that have, way more.
[47:22.100 --> 47:25.500]  I mean, and it ain't just the tasers, okay?
[47:25.500 --> 47:30.420]  They'll choke you off, all right, like they nearly killed the girl in the closet.
[47:30.420 --> 47:36.220]  I mean, they got all kinds of weaponry at their hands, not to mention their own bare
[47:36.220 --> 47:37.220]  hands.
[47:37.220 --> 47:42.140]  They'll kill you if they damn well feel like it, tasers or not.
[47:42.140 --> 47:48.900]  I mean, it's them, it's not just the tasers, it's them that we need to be afraid of, not
[47:48.900 --> 47:53.340]  whatever toys they have dangling off their belts.
[47:53.340 --> 47:57.700]  Like the song that we have, Three Shoes Posse, Gun No Kill, it's the man that kill.
[47:57.700 --> 48:01.260]  It ain't the tasers that kill, it's them.
[48:01.260 --> 48:03.740]  They are the problem.
[48:03.740 --> 48:07.220]  Even though we shouldn't be using tasers at all because they are a deadly weapon, or at
[48:07.220 --> 48:11.740]  least they should be declassified, I'm sorry, not declassified, they should be reclassified
[48:11.740 --> 48:15.700]  into a deadly weapon category because they are deadly.
[48:15.700 --> 48:18.940]  They're not non-lethal at all.
[48:18.940 --> 48:20.740]  But again, it's the man that kill.
[48:20.740 --> 48:23.940]  It's not the gun that kills, it's them, they are the problem.
[48:23.940 --> 48:27.900]  And that's why I'm saying that we have to take control of the training programs of the
[48:27.900 --> 48:33.420]  police and not just whip them with randy's techniques when they act badly, but we have
[48:33.420 --> 48:39.580]  to aggressively, proactively take control of the training programs, you know, that's
[48:39.580 --> 48:40.580]  like children.
[48:40.580 --> 48:45.020]  You can't just discipline them and whoop them and spank them when they do something bad
[48:45.020 --> 48:50.620]  and give them absolutely no direction at all concerning what they should be doing.
[48:50.620 --> 48:51.620]  You have to teach them.
[48:51.620 --> 48:53.060]  You have to give them a protocol.
[48:53.060 --> 48:54.620]  You have to give them a program.
[48:54.620 --> 48:55.620]  You have to educate them.
[48:55.620 --> 48:56.780]  You have to give them guidance.
[48:56.780 --> 48:58.940]  You have to show them what they should be doing.
[48:58.940 --> 49:03.020]  And then you discipline them when they don't do what they should be doing.
[49:03.020 --> 49:04.020]  Same thing with the cops.
[49:04.020 --> 49:06.820]  You've got to get control of the training programs.
[49:06.820 --> 49:13.940]  So callers, if you'd like to call in, the boards are unusually eerily quiet tonight.
[49:13.940 --> 49:17.600]  It's like, it's like I hear crickets.
[49:17.600 --> 49:20.260]  Come on people, call in 512-646-1984.
[49:20.260 --> 49:22.740]  All right, Randy, go ahead.
[49:22.740 --> 49:28.660]  I just had to rant there because my mic last session, sorry about that.
[49:28.660 --> 49:31.940]  Okay, this one I really liked.
[49:31.940 --> 49:38.580]  A witness in anger often forgets himself and speaks the truth.
[49:38.580 --> 49:43.660]  His passion benumbs his power to deceive.
[49:43.660 --> 49:48.060]  When however you have not the material at hand with which to frighten the witness into
[49:48.060 --> 49:55.340]  correcting his perjured narrative, and yet you have concluded that a cross-examination
[49:55.340 --> 50:01.380]  is necessary as a general rule, it is but a waste of time to put questions which will
[50:01.380 --> 50:08.140]  enable him to repeat his original testimony in the secrets in which he first gave it.
[50:08.140 --> 50:13.820]  You can accomplish nothing with him unless you abandon the train of ideas he followed
[50:13.820 --> 50:16.460]  in giving his main story.
[50:16.460 --> 50:22.020]  Select the weakest points of his testimony and the attendant circumstances he would be
[50:22.020 --> 50:24.860]  least likely to prepare for.
[50:24.860 --> 50:32.260]  Do not ask your questions in logical order, lest he invent conveniently as he goes along,
[50:32.260 --> 50:38.100]  but dodge him about in his story and pin him down to precise answers on all the accidental
[50:38.100 --> 50:43.740]  circumstances indirectly associated with his main narrative.
[50:43.740 --> 50:49.100]  Once he begins to invent his answers, put your questions more rapidly, asking him many
[50:49.100 --> 50:55.260]  unimportant ones to one important one, and in all the same voice, if he's not telling
[50:55.260 --> 51:02.500]  the truth and answering from memory and associated ideas rather than imagination, I'm sorry,
[51:02.500 --> 51:07.300]  if he's not telling the truth and answering from memory and associated ideas rather than
[51:07.300 --> 51:13.580]  from imagination, he will never be able to invent answers as quickly as you can frame
[51:13.580 --> 51:20.140]  your questions, and at the same time correctly estimate the bearing his present answer may
[51:20.140 --> 51:24.500]  have upon those that have preceded it.
[51:24.500 --> 51:30.780]  I mentioned earlier a sheriff's deputy tried to kill me, they charged me, filed charges
[51:30.780 --> 51:35.600]  against me to cover up what he had done.
[51:35.600 --> 51:44.540]  When I got them in court, I asked them questions that they did not understand the importance
[51:44.540 --> 51:46.540]  of.
[51:46.540 --> 51:54.660]  I asked one officer, one question, well, the officer had grabbed me from the front, picked
[51:54.660 --> 51:59.780]  me up and tried to heave me over his head and drive my head into concrete, and he testified
[51:59.780 --> 52:05.940]  that he grabbed me at one point, my feet were off the ground, he took me down, his wrist
[52:05.940 --> 52:15.020]  was injured, his wristwatch was damaged, his knees were skinned, so I asked him, he testified
[52:15.020 --> 52:19.660]  that he grabbed me at one point, my feet were off the ground, wristwatch was injured, your
[52:19.660 --> 52:25.100]  wrist was damaged, your wristwatch was damaged, your knees were skinned, you took me down.
[52:25.100 --> 52:30.340]  When you grabbed me, did you grab me from the front or from the, I'm sorry, when you
[52:30.340 --> 52:38.060]  grabbed me, when you took me down, did I go down face first or back first?
[52:38.060 --> 52:42.820]  He said face first.
[52:42.820 --> 52:47.380]  The next officer, I asked him, when the officer grabbed me, did he grab me from the front
[52:47.380 --> 52:48.980]  or from the rear?
[52:48.980 --> 52:59.740]  He said from the front, that lost him the case, he had no idea what question I had asked
[52:59.740 --> 53:00.740]  the other one.
[53:00.740 --> 53:07.060]  Because the witnesses aren't allowed to watch you question the other witnesses, that's why.
[53:07.060 --> 53:08.260]  Actually they were allowed to.
[53:08.260 --> 53:10.100]  Oh, usually they're not.
[53:10.100 --> 53:17.020]  I put in an emotion in limine, what emotion in limine is, is a list of all the questions
[53:17.020 --> 53:19.860]  they're forbidden to ask.
[53:19.860 --> 53:28.460]  At eight o'clock that very morning, I told the judge that I had observed the sheriff
[53:28.460 --> 53:36.660]  and his deputies in a previous trial, sequestering themselves in the prosecutor attorney's office
[53:36.660 --> 53:43.820]  and asked the judge to direct them not to do so as I had invoked the witnesses.
[53:43.820 --> 53:49.060]  And the judge assured me that they would not be discussing testimony in there and refuse
[53:49.060 --> 53:53.180]  to issue the order.
[53:53.180 --> 53:58.980]  Four hours later, the sheriff came on the stand and the testimony with this officer
[53:58.980 --> 54:03.620]  as he testified, he grabbed me at one point, my feet were off the ground, he took me down.
[54:03.620 --> 54:07.140]  I asked him, did I go down face first or back first?
[54:07.140 --> 54:11.460]  He said face first.
[54:11.460 --> 54:17.060]  And so I said, well, you testified, you grabbed me at one point, my feet were off the ground,
[54:17.060 --> 54:19.900]  you took me down, your wrist was injured, your wrist was damaged, your knees were skipped,
[54:19.900 --> 54:22.620]  my ribs were stove in from the back.
[54:22.620 --> 54:25.820]  How do you suppose that happened?
[54:25.820 --> 54:28.920]  I don't remember.
[54:28.920 --> 54:30.460]  He realized he had made a mistake.
[54:30.460 --> 54:31.460]  What a liar.
[54:31.460 --> 54:33.500]  So what a liar.
[54:33.500 --> 54:37.460]  I don't remember, he said, so you don't remember.
[54:37.460 --> 54:41.620]  You must get in altercations with lots of people you arrest.
[54:41.620 --> 54:46.100]  Well, he said he had been a year, you must get in altercations with a lot of people you
[54:46.100 --> 54:47.100]  arrest.
[54:47.100 --> 54:53.260]  Oh, no, no, never, never, well, except for you.
[54:53.260 --> 54:57.020]  What about the 82 year old woman you drug down the stairs and bashed her head in the
[54:57.020 --> 54:58.020]  concrete?
[54:58.020 --> 54:59.020]  Object.
[54:59.020 --> 55:00.020]  Object.
[55:00.020 --> 55:01.020]  Ooh.
[55:01.020 --> 55:02.020]  Withdrawn.
[55:02.020 --> 55:03.020]  Why?
[55:03.020 --> 55:05.640]  Why did you withdraw that?
[55:05.640 --> 55:07.620]  Because it had no foundation.
[55:07.620 --> 55:10.740]  Oh, you just made that up?
[55:10.740 --> 55:11.740]  Not exactly.
[55:11.740 --> 55:15.300]  I'd heard it, but I didn't, I couldn't substantiate it.
[55:15.300 --> 55:19.340]  It didn't matter, the jury heard it and that's all that mattered.
[55:19.340 --> 55:24.000]  Oh, no, just you, just me and you don't remember.
[55:24.000 --> 55:27.860]  So when you grabbed me, did you grab me from the front or from the rear?
[55:27.860 --> 55:31.260]  And he said the rear.
[55:31.260 --> 55:32.540]  Because you can't grab me from the front.
[55:32.540 --> 55:38.740]  If you grab a person from the front, they'll take you out, but he did because I didn't
[55:38.740 --> 55:42.260]  take him out because there's another guy standing behind me with a pistol.
[55:42.260 --> 55:45.660]  The other guy testified he grabbed me from the front.
[55:45.660 --> 55:48.400]  He testified he grabbed me from the back.
[55:48.400 --> 55:53.180]  So I asked him, you know, my ribs were stove in.
[55:53.180 --> 55:54.780]  How do you suppose that happened?
[55:54.780 --> 55:56.740]  I don't remember.
[55:56.740 --> 55:58.900]  What did you do, Officer Davis?
[55:58.900 --> 56:03.380]  Pick me up, spin me in the air and slam me down.
[56:03.380 --> 56:04.500]  And he didn't answer that.
[56:04.500 --> 56:09.580]  He just sat there and turned red, but it was just done for the effect.
[56:09.580 --> 56:12.900]  I didn't want an answer.
[56:12.900 --> 56:22.180]  The next day, the prosecutor called the sheriff on the stand and the sheriff gets on the stand
[56:22.180 --> 56:28.740]  and the prosecutor asked the sheriff, have you had any prior encounters with Mr. Kelton
[56:28.740 --> 56:31.620]  objection?
[56:31.620 --> 56:40.260]  That question was also in the unlimited motion and you approved that restriction.
[56:40.260 --> 56:43.900]  You forbade the attorney to ask that particular question.
[56:43.900 --> 56:47.420]  The judge overruled.
[56:47.420 --> 56:50.660]  Be careful what you ask.
[56:50.660 --> 56:57.540]  And when you ask a question of your witness, make sure your witness answers the question
[56:57.540 --> 57:00.100]  and nothing else.
[57:00.100 --> 57:02.220]  Never let your witness run on.
[57:02.220 --> 57:06.460]  You never know what they're going to say.
[57:06.460 --> 57:11.260]  He asked the sheriff if he'd ever had any previous encounter with me.
[57:11.260 --> 57:12.260]  Oh, yeah.
[57:12.260 --> 57:15.740]  And he went on this whole litany about me.
[57:15.740 --> 57:23.060]  And one point he said, yeah, Mr. Kelton told me that Officer Davis picked him up and spun
[57:23.060 --> 57:26.100]  him in the air like a pizza and throwed him down.
[57:26.100 --> 57:28.220]  Oh, boy.
[57:28.220 --> 57:32.060]  And I was astounded.
[57:32.060 --> 57:34.980]  Where did he get that?
[57:34.980 --> 57:37.080]  It was two o'clock the next morning.
[57:37.080 --> 57:39.980]  It dawned on me where he got it because you said it.
[57:39.980 --> 57:47.020]  That's why I said it to his officer who was on the stand and the sheriff was excluded
[57:47.020 --> 57:49.380]  from the courtroom.
[57:49.380 --> 57:53.460]  He didn't hear me ask that question.
[57:53.460 --> 57:58.940]  The judge should have made them stay out of the prosecutor's office because they disgusted
[57:58.940 --> 58:00.580]  that testimony in the office.
[58:00.580 --> 58:02.380]  Of course they did.
[58:02.380 --> 58:07.100]  The sheriff got this piece of information not understanding how important it was.
[58:07.100 --> 58:10.420]  Well, at least they still lost the case, you said.
[58:10.420 --> 58:11.940]  Yeah, they did.
[58:11.940 --> 58:14.780]  OK, because it's such an outrageous lie.
[58:14.780 --> 58:15.780]  That's why.
[58:15.780 --> 58:22.300]  I mean, you know, in figure skating, you know, the male partner, when you've got Paris figure
[58:22.300 --> 58:26.780]  skating, the male will pick up the female and spin her around like a pizza or whatever.
[58:26.780 --> 58:31.380]  But I'm sorry, a two hundred fifty pound grown man.
[58:31.380 --> 58:32.380]  I don't think so.
[58:32.380 --> 58:33.380]  Two hundred.
[58:33.380 --> 58:36.380]  Thank you very much.
[58:36.380 --> 58:37.580]  OK, he weighs two hundred.
[58:37.580 --> 58:41.460]  I don't know how much he weighs, but at any rate, it's an outrageous lie.
[58:41.460 --> 58:44.420]  You can't pick up a two hundred fifty, two hundred pound grown man, spin him around the
[58:44.420 --> 58:45.420]  air.
[58:45.420 --> 58:48.260]  You could pick up a hundred pound little woman and do that.
[58:48.260 --> 58:52.300]  But anyways, callers, five, one, two, six, four, six, nineteen eighty four.
[58:52.300 --> 58:53.620]  Why are you so quiet tonight?
[58:53.620 --> 59:19.220]  Come on in.
[59:19.220 --> 59:38.020]  Let's go.
[59:38.020 --> 01:00:04.580]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com, live free speech
[01:00:04.580 --> 01:00:11.580]  talk radio at its best.
[01:00:34.580 --> 01:00:41.580]  This is a free speech talk radio at RuleOfLawRadio.com, live free speech talk radio at its best.
[01:01:04.580 --> 01:01:11.580]  This is a free speech talk radio at its best.
[01:01:34.580 --> 01:01:41.580]  This is a free speech talk radio at its best.
[01:02:04.580 --> 01:02:11.580]  This is a free speech talk radio at its best.
[01:02:34.580 --> 01:02:41.580]  This is a free speech talk radio at its best.
[01:03:04.580 --> 01:03:11.580]  This is a free speech talk radio at its best.
[01:03:34.580 --> 01:03:41.580]  This is a free speech talk radio at its best.
[01:04:04.580 --> 01:04:11.580]  This is a free speech talk radio.
[01:04:34.580 --> 01:04:41.580]  This is a free speech talk radio at its best.
[01:05:04.580 --> 01:05:11.580]  This is a free speech talk radio at its best.
[01:05:34.580 --> 01:05:41.580]  This is a free speech talk radio at its best.
[01:06:04.580 --> 01:06:11.580]  This is a free speech talk radio at its best.
[01:06:34.580 --> 01:06:41.580]  This is a free speech talk radio at its best.
[01:07:04.580 --> 01:07:11.580]  This is a free speech talk radio at its best.
[01:07:34.580 --> 01:07:41.580]  This is a free speech talk radio at its best.
[01:08:04.580 --> 01:08:11.580]  This is a free speech talk radio at its best.
[01:08:34.580 --> 01:08:41.580]  This is a free speech talk radio at its best.
[01:08:41.580 --> 01:08:48.580]  This is a free speech talk radio at its best.
[01:08:48.580 --> 01:08:56.580]  This is a free speech talk radio at its best.
[01:08:56.580 --> 01:09:02.100]  Officer Pringle, is this the citation that you wrote?
[01:09:02.380 --> 01:09:03.400]  Yes, it is.
[01:09:04.360 --> 01:09:06.800]  Now I can offer that into evidence.
[01:09:08.000 --> 01:09:12.240]  In this case, I didn't need to, but that's what I would have to do to
[01:09:12.240 --> 01:09:14.520]  establish foundation for that document.
[01:09:17.560 --> 01:09:23.200]  You have to, to give the court, you can't just go ask the court to accept something.
[01:09:23.840 --> 01:09:25.560]  You got to get there step by step.
[01:09:25.560 --> 01:09:27.600]  You got to show why it's relevant.
[01:09:27.600 --> 01:09:28.840]  You got to lead to it.
[01:09:30.840 --> 01:09:40.200]  Now, in this case, he was a hostile witness, so I could ask him leading questions.
[01:09:41.080 --> 01:09:49.240]  But if you have your own witness, it's a real mental discipline to extract
[01:09:49.240 --> 01:09:52.520]  the information you need, because if your witness doesn't tell you what
[01:09:52.520 --> 01:10:01.160]  you want to hear, you can't say, well, what about this, weren't you driving over
[01:10:01.160 --> 01:10:03.880]  the speed limit objection, leading the witness?
[01:10:05.080 --> 01:10:09.960]  You see, I can't lead my own witness, but I can, I can ask leading questions
[01:10:09.960 --> 01:10:14.560]  of the hostile witness and a witness that testifies for the other side's a hostile
[01:10:14.560 --> 01:10:22.000]  witness, or if I have to subpoena a witness, I can ask the judge to declare
[01:10:22.000 --> 01:10:27.040]  my witness, a hostile witness, and then I can ask them leading questions.
[01:10:28.440 --> 01:10:37.080]  But otherwise I have to ask, ask the individual to give me a fact that will
[01:10:37.080 --> 01:10:41.160]  lead to the next fact that will lead to the piece of information I need.
[01:10:42.960 --> 01:10:46.720]  We probably need to do, someone mentioned a moot court.
[01:10:46.720 --> 01:10:50.560]  They wanted to do a moot court and suggested that Dr.
[01:10:50.560 --> 01:10:54.040]  Graves act as the judge in the moot court.
[01:10:55.080 --> 01:11:00.080]  And I had wanted to do a moot court, but I wanted to, when I did the moot court,
[01:11:00.640 --> 01:11:05.560]  so that the individual could get more accustomed to be an in court, not be
[01:11:05.560 --> 01:11:09.280]  afraid of the prosecutor and the judge, is I wanted to have the prosecutor and
[01:11:09.280 --> 01:11:11.160]  the judge and the bailiff in their underwear.
[01:11:11.160 --> 01:11:14.800]  And I thought, I can't see Dr.
[01:11:14.800 --> 01:11:16.800]  Graves getting through his underwear.
[01:11:16.800 --> 01:11:18.760]  You can leave me out of that one too, Randy.
[01:11:18.760 --> 01:11:19.760]  Oh, okay.
[01:11:19.760 --> 01:11:21.760]  So you don't want to be the prosecutor?
[01:11:21.760 --> 01:11:22.760]  No.
[01:11:22.760 --> 01:11:29.080]  Well, that was a thought, but that might be a good idea to get a good interchange
[01:11:29.080 --> 01:11:36.520]  on that and, or maybe I could get a good recording of cases and good examinations
[01:11:36.520 --> 01:11:41.440]  and cross-examinations to show how this is actually done.
[01:11:41.440 --> 01:11:45.520]  Julie, the only time we have an experience with being examined, you know,
[01:11:45.520 --> 01:11:49.040]  with examination is when we're being examined and then you're under so much
[01:11:49.040 --> 01:11:52.040]  pressure, it's hard to appreciate the finer points.
[01:11:52.040 --> 01:11:53.040]  Mm-hmm.
[01:11:53.040 --> 01:11:57.040]  Well, listen, Steve, why don't you hang on the line, we'll keep your mic on,
[01:11:57.040 --> 01:12:00.480]  since you probably have other questions, but I want to go to this other caller
[01:12:00.480 --> 01:12:02.480]  right now, it's a first time caller.
[01:12:02.480 --> 01:12:07.480]  We've got Jose in Texas.
[01:12:07.480 --> 01:12:08.480]  Jose, thanks for calling in.
[01:12:08.480 --> 01:12:09.480]  What's on your mind tonight?
[01:12:09.480 --> 01:12:10.480]  Hello.
[01:12:10.480 --> 01:12:11.480]  Thanks for having me.
[01:12:11.480 --> 01:12:16.480]  Well, before I get to what's on my mind, I'll sit in my underwear as the judge.
[01:12:16.480 --> 01:12:19.480]  No, I'm just kidding, I'm just kidding.
[01:12:19.480 --> 01:12:26.480]  I listen a lot to you guys at the urging of several people on the Internet,
[01:12:26.480 --> 01:12:28.480]  so you guys are very popular.
[01:12:28.480 --> 01:12:30.480]  Oh, thank you.
[01:12:30.480 --> 01:12:35.480]  At one point, I believe it was Randy that said something to the effect of,
[01:12:35.480 --> 01:12:43.480]  according to Texas statute, they, they being the cops, owe you,
[01:12:43.480 --> 01:12:47.480]  and I think the number was $7,000 per hour for detainment.
[01:12:47.480 --> 01:12:49.480]  That was true.
[01:12:49.480 --> 01:12:55.480]  $76,000 per hour for unlawful detainment.
[01:12:55.480 --> 01:12:57.480]  This is a case out of Florida.
[01:12:57.480 --> 01:13:01.480]  This is a case out of Florida, it's a relatively recent case.
[01:13:01.480 --> 01:13:05.480]  The guy was arrested and held for 30 minutes.
[01:13:05.480 --> 01:13:15.480]  The jury awarded him $34,000, $38,000, yeah, for 30 minutes.
[01:13:15.480 --> 01:13:21.480]  When you go into, when you file a civil action and claim you are harmed
[01:13:21.480 --> 01:13:26.480]  and ask for an amount of money to make you whole,
[01:13:26.480 --> 01:13:32.480]  the other side is going to require that you establish cause for the amount
[01:13:32.480 --> 01:13:35.480]  of money that you're asking for.
[01:13:35.480 --> 01:13:43.480]  So I can go in with Trevizat and say that a jury in Florida felt that
[01:13:43.480 --> 01:13:49.480]  $38,000 for 30 minutes was fair and proper.
[01:13:49.480 --> 01:13:56.480]  Therefore, based on that as a precedent, I was held X number of hours,
[01:13:56.480 --> 01:13:59.480]  I claim Y number of dollars.
[01:13:59.480 --> 01:14:05.480]  Yeah, and also when I do my suit against Officer Hayes and the Forestry
[01:14:05.480 --> 01:14:12.480]  Service, I want to sue not just $76,000 an hour for my unlawful detention,
[01:14:12.480 --> 01:14:17.480]  but I also want to sue for being unlawfully searched as well because it
[01:14:17.480 --> 01:14:20.480]  was quite traumatic watching them tear everything apart in my car
[01:14:20.480 --> 01:14:22.480]  and our packs.
[01:14:22.480 --> 01:14:24.480]  Yes, I've been there.
[01:14:24.480 --> 01:14:29.480]  And I'm currently working on my son's case.
[01:14:29.480 --> 01:14:36.480]  I've noticed the Bureau of Prisons because he was unlawfully convicted in
[01:14:36.480 --> 01:14:41.480]  the New Hampshire court in connection with the Browns IRS case up there.
[01:14:41.480 --> 01:14:44.480]  Oh, now I know who you are.
[01:14:44.480 --> 01:14:45.480]  Uh-oh.
[01:14:45.480 --> 01:14:46.480]  You're the dad.
[01:14:46.480 --> 01:14:47.480]  Yes, I'm the dad.
[01:14:47.480 --> 01:14:49.480]  Yes, I had some e-mails from you.
[01:14:49.480 --> 01:14:54.480]  And anyway, what I've noticed is that, hey, because the court is in
[01:14:54.480 --> 01:15:00.480]  violation of federal and state laws, they had no right to have my son
[01:15:00.480 --> 01:15:02.480]  arrested in Texas.
[01:15:02.480 --> 01:15:07.480]  And I've noticed that they didn't reply, so I'm going to send them the bill.
[01:15:07.480 --> 01:15:10.480]  This is how much we're going to charge you per hour.
[01:15:10.480 --> 01:15:12.480]  But I don't want to just come up with a number.
[01:15:12.480 --> 01:15:15.480]  And what is the name of the case that you?
[01:15:15.480 --> 01:15:20.480]  Trevizant, T-R-E-V-Z-A-N-T.
[01:15:20.480 --> 01:15:27.480]  If you run that on Google or Scroogle or, you know, there's a Scroogle.org.
[01:15:27.480 --> 01:15:29.480]  Ixquick is what you really want to use.
[01:15:29.480 --> 01:15:32.480]  There's Ixquick and there's Scroogle.org.
[01:15:32.480 --> 01:15:35.480]  Yeah, I've heard some bad things about the Scroogle also.
[01:15:35.480 --> 01:15:40.480]  That's kind of a fake thing that you're still getting tracked.
[01:15:40.480 --> 01:15:42.480]  Okay, and then Ixquick.
[01:15:42.480 --> 01:15:46.480]  Yeah, because the thing with Scroogle is that they're still using the Google
[01:15:46.480 --> 01:15:47.480]  search engine.
[01:15:47.480 --> 01:15:50.480]  Allegedly, you log on to Scroogle and you type in your search and then they
[01:15:50.480 --> 01:15:52.480]  search Google for you.
[01:15:52.480 --> 01:15:56.480]  Okay, and so that way you get to maintain your anonymity, which is actually
[01:15:56.480 --> 01:15:57.480]  debatable.
[01:15:57.480 --> 01:16:00.480]  But the thing is you're still giving your business to Google, which you
[01:16:00.480 --> 01:16:01.480]  don't want to do.
[01:16:01.480 --> 01:16:03.480]  So use Ixquick or StartPage.
[01:16:03.480 --> 01:16:07.480]  StartPage.com points to Ixquick because you really just don't want to give
[01:16:07.480 --> 01:16:09.480]  your business to Google at all.
[01:16:09.480 --> 01:16:10.480]  You want to put them out of business.
[01:16:10.480 --> 01:16:12.480]  Anyway, so go ahead, Randy.
[01:16:12.480 --> 01:16:13.480]  I just had to make that clear.
[01:16:13.480 --> 01:16:18.480]  Okay, yeah, but once you find Trevor's app and you can use that as precedent
[01:16:18.480 --> 01:16:23.480]  and fairly recent precedent for the amount you want to claim.
[01:16:23.480 --> 01:16:24.480]  Okay.
[01:16:24.480 --> 01:16:25.480]  Okay.
[01:16:25.480 --> 01:16:26.480]  Well, wish me luck.
[01:16:26.480 --> 01:16:27.480]  I'm going to try it out.
[01:16:27.480 --> 01:16:28.480]  Good luck.
[01:16:28.480 --> 01:16:29.480]  Thanks a lot, guys.
[01:16:29.480 --> 01:16:30.480]  Keep it up.
[01:16:30.480 --> 01:16:31.480]  All right.
[01:16:31.480 --> 01:16:32.480]  Thank you, Jose.
[01:16:32.480 --> 01:16:33.480]  All right.
[01:16:33.480 --> 01:16:35.480]  We still have Steve Skidmore on the line.
[01:16:35.480 --> 01:16:37.480]  We're going to keep Steve on the line.
[01:16:37.480 --> 01:16:43.480]  Other callers, if you'd like to call in, 512-646-1984, call on in.
[01:16:43.480 --> 01:17:08.480]  We will be right back in just a few moments.
[01:17:13.480 --> 01:17:40.480]  We'll be right back.
[01:17:40.480 --> 01:18:07.480]  We'll be right back.
[01:18:10.480 --> 01:18:37.480]  We'll be right back.
[01:18:37.480 --> 01:18:57.480]  We'll be right back.
[01:18:57.480 --> 01:19:12.480]  We'll be right back.
[01:19:12.480 --> 01:19:27.480]  We'll be right back.
[01:19:27.480 --> 01:19:42.480]  We'll be right back.
[01:19:42.480 --> 01:19:58.480]  We'll be right back.
[01:19:58.480 --> 01:20:12.480]  We'll be right back.
[01:20:12.480 --> 01:20:13.480]  Okay.
[01:20:13.480 --> 01:20:14.480]  We are back.
[01:20:14.480 --> 01:20:16.480]  The rule of law, Randy Kelton and Deborah Stevens.
[01:20:16.480 --> 01:20:23.480]  We are here with Steve Skidmore, who is going to be our newest host on Thursday evenings,
[01:20:23.480 --> 01:20:28.480]  at 10 to midnight here on ruleoflawradio.com with the endless fraud detection.
[01:20:28.480 --> 01:20:33.480]  They just, him and his partner, Neil Switkowski, just filled in for Tom Kiley.
[01:20:33.480 --> 01:20:36.480]  Again, Tom Kiley will be in Austin tomorrow.
[01:20:36.480 --> 01:20:39.480]  He's going to be at the Truth Seekers meeting.
[01:20:39.480 --> 01:20:44.480]  He'll be a speaker at the Truth Seekers meeting tomorrow evening at 7 p.m. at the, which,
[01:20:44.480 --> 01:20:45.480]  now where is it, Steve?
[01:20:45.480 --> 01:20:46.480]  China Emperor.
[01:20:46.480 --> 01:20:48.480]  The China Emperor in South Austin.
[01:20:48.480 --> 01:20:51.480]  So, y'all can look that up on X-Quick.
[01:20:51.480 --> 01:20:54.480]  Okay, we've got a first-time caller here.
[01:20:54.480 --> 01:20:56.480]  Kyle from Austin.
[01:20:56.480 --> 01:20:57.480]  Kyle, thanks for calling in.
[01:20:57.480 --> 01:20:59.480]  What's on your mind tonight?
[01:20:59.480 --> 01:21:15.480]  Yes, I, let me, okay, my son and my daughter had some problems with my father,
[01:21:15.480 --> 01:21:21.480]  which was a, went through probate court.
[01:21:21.480 --> 01:21:32.480]  To make a long story short, what I needed to do is have a, what they call it,
[01:21:32.480 --> 01:21:42.480]  gosh, there's so much going on through my mind, to be able to do an accounting of my father.
[01:21:42.480 --> 01:21:47.480]  For nine years, he has not done that, and he's supposed to do that.
[01:21:47.480 --> 01:21:53.480]  Now, what I'd like to do is to not have to go through the attorney,
[01:21:53.480 --> 01:21:58.480]  because it's 60 days that he is supposed to do an accounting.
[01:21:58.480 --> 01:22:05.480]  I want to go directly to the judge and say that, you know,
[01:22:05.480 --> 01:22:10.480]  it's been nine years now that he refused to do what he's supposed to do.
[01:22:10.480 --> 01:22:15.480]  Okay, what is the nature of the requirement?
[01:22:15.480 --> 01:22:20.480]  Is it contractual or is it based on a court order?
[01:22:20.480 --> 01:22:22.480]  On a court order, because it was...
[01:22:22.480 --> 01:22:29.480]  Okay, then what you can do is simply move the court for an order,
[01:22:29.480 --> 01:22:37.480]  ordering him to do the accounting in whatever court the original order was issued.
[01:22:37.480 --> 01:22:40.480]  Do I do that through the judge?
[01:22:40.480 --> 01:22:42.480]  Yeah, you can just file it in the court.
[01:22:42.480 --> 01:22:48.480]  You don't need an attorney for that if you can sort out how to write the request.
[01:22:48.480 --> 01:22:57.480]  A motion to the court is like a business letter, but it has a different heading.
[01:22:57.480 --> 01:23:01.480]  A business letter has the heading and then the salutation,
[01:23:01.480 --> 01:23:06.480]  and it has the reference and the salutation and then the body and then the closing.
[01:23:06.480 --> 01:23:09.480]  Well, a motion is similar.
[01:23:09.480 --> 01:23:13.480]  You need to get the original cause number.
[01:23:13.480 --> 01:23:14.480]  Right.
[01:23:14.480 --> 01:23:21.480]  And at the top on one side you put whoever, the plaintiff versus the defendant.
[01:23:21.480 --> 01:23:24.480]  And on the other side you put what court it was in.
[01:23:24.480 --> 01:23:27.480]  On the very top you put the cause number.
[01:23:27.480 --> 01:23:29.480]  Underneath that you put the date.
[01:23:29.480 --> 01:23:33.480]  And then you put a heading for what this motion is for.
[01:23:33.480 --> 01:23:34.480]  Okay.
[01:23:34.480 --> 01:23:39.480]  In this case you'll petition for a motion to compel.
[01:23:39.480 --> 01:23:43.480]  You're going to ask the judge to compel someone to do something.
[01:23:43.480 --> 01:23:52.480]  And then the first thing you tell the judge is why he has an authority in the case.
[01:23:52.480 --> 01:23:57.480]  You know, this cause was adjudicated in this particular court.
[01:23:57.480 --> 01:24:05.480]  This certain order was issued ordering the defendant to perform a certain task.
[01:24:05.480 --> 01:24:09.480]  Then defendant has failed to perform that task.
[01:24:09.480 --> 01:24:16.480]  You move the court for an order compelling defendant to perform said task.
[01:24:16.480 --> 01:24:19.480]  That's really all there is to it.
[01:24:19.480 --> 01:24:29.480]  Okay, after 60 days that my father, my son's grandfather refuses to do as such,
[01:24:29.480 --> 01:24:36.480]  then this is what you then file to the first letter that should go to,
[01:24:36.480 --> 01:24:40.480]  how should I do the first letter to go to my father who refuses,
[01:24:40.480 --> 01:24:45.480]  which is my mother's inheritance to my children?
[01:24:45.480 --> 01:24:51.480]  So should that first letter be, it has to be official and should that go?
[01:24:51.480 --> 01:24:58.480]  Technically the court is going to want you to handle this outside of court if you can.
[01:24:58.480 --> 01:25:04.480]  So I would suggest you write a letter to your father reminding him of the court order
[01:25:04.480 --> 01:25:12.480]  and asking him to perform the accounting or the audit that he's required to perform.
[01:25:12.480 --> 01:25:15.480]  Yeah, and you should send that letter certified mail.
[01:25:15.480 --> 01:25:16.480]  Exactly.
[01:25:16.480 --> 01:25:21.480]  With return receipt to prove that you actually did that.
[01:25:21.480 --> 01:25:28.480]  And that's the due diligence you need to exercise before you petition the court.
[01:25:28.480 --> 01:25:33.480]  Now, Randy, I have a question about this myself because in these types of civil cases
[01:25:33.480 --> 01:25:38.480]  where they're unenforceable, I mean, it's kind of like a gentleman's agreement really.
[01:25:38.480 --> 01:25:42.480]  I mean, I see it all the time with child custody cases
[01:25:42.480 --> 01:25:46.480]  and the custodial parent refuses visitation to the non-custodial parent,
[01:25:46.480 --> 01:25:50.480]  and so they just keep going back to court over and over and over again,
[01:25:50.480 --> 01:25:55.480]  and the judge just keeps saying, now, ma'am, you have to let the father see the kids.
[01:25:55.480 --> 01:26:00.480]  And then she just keeps refusing and then the father keeps bringing him back to court
[01:26:00.480 --> 01:26:04.480]  and the judge keeps saying, now, ma'am, you have to let the father see the kids.
[01:26:04.480 --> 01:26:06.480]  But there's really no enforcement ability.
[01:26:06.480 --> 01:26:07.480]  There's really no punishment.
[01:26:07.480 --> 01:26:13.480]  Now, ultimately, I know that the judge can hold the custodial parent in contempt,
[01:26:13.480 --> 01:26:20.480]  but so is that really the only enforcement ability that there is in this case, like, say, for Kyle?
[01:26:20.480 --> 01:26:21.480]  Okay, let me say something.
[01:26:21.480 --> 01:26:25.480]  Well, see, what they did was for nine months to get this thing started
[01:26:25.480 --> 01:26:30.480]  because I asked if somebody had to get this started, and I said I didn't do it.
[01:26:30.480 --> 01:26:37.480]  Somebody was looking after my kids and they saw my father is a petroleum oil engineer,
[01:26:37.480 --> 01:26:42.480]  and he likes to write wills every other day, and they looked at it and said, well, what the hell?
[01:26:42.480 --> 01:26:44.480]  Somebody's not taking care of these kids.
[01:26:44.480 --> 01:26:46.480]  What is this?
[01:26:46.480 --> 01:26:53.480]  And so that's what got it started, and they freezed his assets for nine months.
[01:26:53.480 --> 01:26:58.480]  Now, here's something that I would like to ask is could I ask the judge,
[01:26:58.480 --> 01:27:03.480]  because my father is so self-righteous, he'd rather go to hell
[01:27:03.480 --> 01:27:09.480]  and see something that he's not in control of, could I ask the judge to say,
[01:27:09.480 --> 01:27:19.480]  could you freeze what's rightfully by my mother that was, it is A and B,
[01:27:19.480 --> 01:27:23.480]  it is exhibit A and B that they figured out that, okay,
[01:27:23.480 --> 01:27:28.480]  what's half of the estate for my mother and father?
[01:27:28.480 --> 01:27:33.480]  They divided it in half and said, okay, this goes to the children, my children.
[01:27:33.480 --> 01:27:41.480]  Could I petition to the court and say, listen, this guy for nine years would do anything
[01:27:41.480 --> 01:27:44.480]  because he is a control freak.
[01:27:44.480 --> 01:27:47.480]  Okay, wait, wait, you're moving around here.
[01:27:47.480 --> 01:27:54.480]  I think what you're looking for is a trustee.
[01:27:54.480 --> 01:27:58.480]  Yeah, and what I want to know is are there any other enforcement alternatives
[01:27:58.480 --> 01:28:02.480]  other than like the judge holding the person in contempt?
[01:28:02.480 --> 01:28:05.480]  Oh, yes, there's something very elegant.
[01:28:05.480 --> 01:28:13.480]  If you can show that the father is not acting in good faith as trustee
[01:28:13.480 --> 01:28:20.480]  for these children's estate, you can ask the court to appoint someone else as trustee.
[01:28:20.480 --> 01:28:23.480]  Cool, okay.
[01:28:23.480 --> 01:28:33.480]  That's probably, if he's raising serious questions as to his honesty or veracity,
[01:28:33.480 --> 01:28:37.480]  then that's a reasonable thing to ask of the judge.
[01:28:37.480 --> 01:28:43.480]  Okay, I would like to have, as they did for nine months, they froze everything
[01:28:43.480 --> 01:28:45.480]  of his assets, everything.
[01:28:45.480 --> 01:28:52.480]  I'd just like to have and ask, could you possibly freeze that plus 10% compound,
[01:28:52.480 --> 01:28:59.480]  which I heard somebody tell me, that you could sue, rightfully so, 10%
[01:28:59.480 --> 01:29:07.480]  because it's been nine years now, just to freeze that which is rightfully my children.
[01:29:07.480 --> 01:29:08.480]  Can you ask that?
[01:29:08.480 --> 01:29:13.480]  Wait, wait, something else is going on here.
[01:29:13.480 --> 01:29:18.480]  How does he have control of the children's property?
[01:29:18.480 --> 01:29:25.480]  Well, he is the, I guess, the executor.
[01:29:25.480 --> 01:29:27.480]  Is that what you call it?
[01:29:27.480 --> 01:29:29.480]  The executor only threw probate.
[01:29:29.480 --> 01:29:31.480]  After that, he'd have to be trustee.
[01:29:31.480 --> 01:29:33.480]  Okay, the trustee then.
[01:29:33.480 --> 01:29:38.480]  He can only use that if, are we going to commercial?
[01:29:38.480 --> 01:29:40.480]  Yeah, we're going to break.
[01:29:40.480 --> 01:29:41.480]  We're going to break, so hold on.
[01:29:41.480 --> 01:29:42.480]  Hold on the line, Kyle.
[01:29:42.480 --> 01:29:43.480]  Okay.
[01:29:43.480 --> 01:29:45.480]  And Steve, hold on as well because Randy wanted to ask you a question as well.
[01:29:45.480 --> 01:29:46.480]  Sure.
[01:29:46.480 --> 01:29:47.480]  All right, we'll be right back.
[01:29:47.480 --> 01:29:49.480]  This is the rule of law, Randy Kelton and Deborah Stevens.
[01:29:49.480 --> 01:29:55.480]  We'll be right back.
[01:29:55.480 --> 01:29:57.480]  Gold prices are at historic highs.
[01:29:57.480 --> 01:30:00.480]  And with the recent pullback, this is a great time to buy.
[01:30:00.480 --> 01:30:04.480]  With the value of the dollar, risks of inflation, geopolitical uncertainties,
[01:30:04.480 --> 01:30:08.480]  and instability in world financial systems, I see gold going up much higher.
[01:30:08.480 --> 01:30:11.480]  Hi, I'm Tim Fry at Roberts and Roberts Brokerage.
[01:30:11.480 --> 01:30:15.480]  Everybody should have some of their assets in investment grade precious metals.
[01:30:15.480 --> 01:30:19.480]  At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence
[01:30:19.480 --> 01:30:24.480]  from a brokerage that specialized in the precious metals market since 1977.
[01:30:24.480 --> 01:30:28.480]  If you are new to precious metals, we will happily provide you with the information
[01:30:28.480 --> 01:30:32.480]  you need to make an informed decision whether or not you choose to purchase from us.
[01:30:32.480 --> 01:30:37.480]  Also, Roberts and Roberts Brokerage values your privacy and will always advise you
[01:30:37.480 --> 01:30:40.480]  in the event that we would be required to report any transaction.
[01:30:40.480 --> 01:30:43.480]  If you have gold, silver, or platinum you'd like to sell,
[01:30:43.480 --> 01:30:45.480]  we can convert it for immediate payment.
[01:30:45.480 --> 01:30:49.480]  Call us at 800-874-9760.
[01:30:49.480 --> 01:30:55.480]  We are Roberts and Roberts Brokerage, 800-874-9760.
[01:31:19.480 --> 01:31:21.480]  Thank you.
[01:31:49.480 --> 01:31:56.480]  Hello?
[01:31:56.480 --> 01:32:00.480]  If we can hear him, apparently he can't hear us.
[01:32:00.480 --> 01:32:01.480]  Yes.
[01:32:01.480 --> 01:32:02.480]  Okay, okay.
[01:32:02.480 --> 01:32:03.480]  We are back.
[01:32:03.480 --> 01:32:04.480]  We are back.
[01:32:04.480 --> 01:32:05.480]  Sorry.
[01:32:05.480 --> 01:32:12.480]  Okay, so apparently, Kyle, there is a trust in place for your kids,
[01:32:12.480 --> 01:32:15.480]  and your grandfather is the trustee.
[01:32:15.480 --> 01:32:17.480]  Is that what's going on here?
[01:32:17.480 --> 01:32:20.480]  Well, it's my father, their grandfather.
[01:32:20.480 --> 01:32:21.480]  Their grandfather.
[01:32:21.480 --> 01:32:23.480]  And he's the trustee.
[01:32:23.480 --> 01:32:29.480]  What it boils down to is, yes, which he has a lot of money.
[01:32:29.480 --> 01:32:39.480]  If he doesn't have this money, then he could go into this trust for food and medical or whatever,
[01:32:39.480 --> 01:32:41.480]  but he has lots of money.
[01:32:41.480 --> 01:32:49.480]  So he shouldn't have to be able to or need to or to go into the trust of the children.
[01:32:49.480 --> 01:32:50.480]  Okay?
[01:32:50.480 --> 01:32:56.480]  So what I'm asking is, for nine months, they froze all his assets, everything,
[01:32:56.480 --> 01:32:58.480]  and to figure this thing out.
[01:32:58.480 --> 01:33:00.480]  Who did that?
[01:33:00.480 --> 01:33:01.480]  The court did.
[01:33:01.480 --> 01:33:04.480]  The court froze his assets for nine months?
[01:33:04.480 --> 01:33:05.480]  Right.
[01:33:05.480 --> 01:33:07.480]  How long ago?
[01:33:07.480 --> 01:33:08.480]  Nine years ago.
[01:33:08.480 --> 01:33:10.480]  Why did they do that?
[01:33:10.480 --> 01:33:17.480]  Because my father, maybe they, well, see, it was really where it is that someone told me
[01:33:17.480 --> 01:33:21.480]  that in order, you know, that someone's looking after your children,
[01:33:21.480 --> 01:33:26.480]  they have to petition the court to get this thing started.
[01:33:26.480 --> 01:33:31.480]  Someone had to say, you know, what about the interest of the children?
[01:33:31.480 --> 01:33:33.480]  How old are these children?
[01:33:33.480 --> 01:33:36.480]  My son's now 22, and he'll be at 27.
[01:33:36.480 --> 01:33:39.480]  He can go ahead and take over the estate.
[01:33:39.480 --> 01:33:42.480]  And for my daughter, my daughter's 17 right now.
[01:33:42.480 --> 01:33:44.480]  My son's 22.
[01:33:44.480 --> 01:33:53.480]  And what happened was the court saw this dumb thing that my father did and saw that, well,
[01:33:53.480 --> 01:34:01.480]  my children were in the will, but they didn't specify what all was given to them.
[01:34:01.480 --> 01:34:07.480]  So they came up with, my children's lawyer, as well as my father's lawyer,
[01:34:07.480 --> 01:34:10.480]  they came up to and they came to an agreement, okay,
[01:34:10.480 --> 01:34:18.480]  here's the half of my or the full effect of what my mom legally has,
[01:34:18.480 --> 01:34:22.480]  which is half, is given to my children.
[01:34:22.480 --> 01:34:25.480]  I know it sounds kind of wild, but that's what happened.
[01:34:25.480 --> 01:34:27.480]  I was told by the lawyer.
[01:34:27.480 --> 01:34:31.480]  Well, there has to be a trust in place.
[01:34:31.480 --> 01:34:36.480]  The children's portion is held in trust, and the father has to be the trustee.
[01:34:36.480 --> 01:34:39.480]  And the grandfather is a trustee.
[01:34:39.480 --> 01:34:51.480]  If you raise questions about, since the funds are intermingled,
[01:34:51.480 --> 01:35:02.480]  I take it that the father has a business that these funds are involved in?
[01:35:02.480 --> 01:35:04.480]  No.
[01:35:04.480 --> 01:35:07.480]  So the funds are just in a bank or in?
[01:35:07.480 --> 01:35:10.480]  Well, they're in all kinds of banks.
[01:35:10.480 --> 01:35:14.480]  It's in A and B.
[01:35:14.480 --> 01:35:20.480]  Well, what I'm getting at is these are not funds that are co-mingled in an operating business.
[01:35:20.480 --> 01:35:21.480]  No.
[01:35:21.480 --> 01:35:25.480]  So if he were not able to, if he were not the trustee,
[01:35:25.480 --> 01:35:32.480]  it wouldn't wipe out a business that he has if he loses half the business to someone else
[01:35:32.480 --> 01:35:34.480]  or control a half the business.
[01:35:34.480 --> 01:35:38.480]  So there should be no problem in getting a judge to appoint a different trustee.
[01:35:38.480 --> 01:35:40.480]  Cool.
[01:35:40.480 --> 01:35:43.480]  Because he's been so derelict.
[01:35:43.480 --> 01:35:48.480]  You see, my son for nine years has said, and here's the thing he said just recently,
[01:35:48.480 --> 01:35:54.480]  because I told my son that he has, see, the lawyer told all of us when we were all sitting there
[01:35:54.480 --> 01:36:01.480]  that his job was to ensure that we, my father and I, don't take this money,
[01:36:01.480 --> 01:36:03.480]  go to Mexico and spend it.
[01:36:03.480 --> 01:36:10.480]  Well, here's the problem is there is no guarantee.
[01:36:10.480 --> 01:36:14.480]  And I just want to protect the interest of my children
[01:36:14.480 --> 01:36:17.480]  because I know that my mom, more so than anything in the world,
[01:36:17.480 --> 01:36:20.480]  would want to give this to their children, to their grandchildren.
[01:36:20.480 --> 01:36:26.480]  Okay, first thing you need to do is petition the court for a motion to compel,
[01:36:26.480 --> 01:36:30.480]  compel the accounting that the grandfather is required to do.
[01:36:30.480 --> 01:36:39.480]  Then if there are questions as to the safety of the funds, then move for a, to appoint a trustee.
[01:36:39.480 --> 01:36:44.480]  Yeah, it's pretty telling that he's not coming with the accounting.
[01:36:44.480 --> 01:36:49.480]  I mean, whenever somebody is supposed to come with an accounting and they don't,
[01:36:49.480 --> 01:36:52.480]  generally that shows that there's bad news.
[01:36:52.480 --> 01:36:56.480]  Well, see, yeah, he just, my son now realized because he just recently told him
[01:36:56.480 --> 01:37:01.480]  that you're going to have to prove to me that you're worthy of this.
[01:37:01.480 --> 01:37:06.480]  And now my son knows that he has no intention of giving what's rightfully theirs,
[01:37:06.480 --> 01:37:07.480]  and he doesn't care about himself.
[01:37:07.480 --> 01:37:08.480]  He cares about himself.
[01:37:08.480 --> 01:37:12.480]  Well, see, that's incorrect because the trust was set up for your son.
[01:37:12.480 --> 01:37:15.480]  Your son does not have to prove anything.
[01:37:15.480 --> 01:37:16.480]  Exactly.
[01:37:16.480 --> 01:37:19.480]  Okay, he needs, and that raises an issue.
[01:37:19.480 --> 01:37:20.480]  Yeah.
[01:37:20.480 --> 01:37:28.480]  That would tend to cast doubts on the veracity of the trustee.
[01:37:28.480 --> 01:37:30.480]  Absolutely.
[01:37:30.480 --> 01:37:35.480]  Before you really have grounds, you need to move from motion to compel the accounting.
[01:37:35.480 --> 01:37:36.480]  Wow.
[01:37:36.480 --> 01:37:44.480]  And once you've compelled an accounting, then if there are anomalies, you can move for a trustee.
[01:37:44.480 --> 01:37:50.480]  But if the will is clear, the grandfather doesn't matter what he says.
[01:37:50.480 --> 01:37:52.480]  Wow.
[01:37:52.480 --> 01:37:56.480]  But it does sound like he's likely to cause a court battle.
[01:37:56.480 --> 01:37:58.480]  Oh, yeah.
[01:37:58.480 --> 01:38:00.480]  There is no one like my father.
[01:38:00.480 --> 01:38:02.480]  He is one.
[01:38:02.480 --> 01:38:04.480]  Well, I don't call him my father.
[01:38:04.480 --> 01:38:06.480]  Well, anyway.
[01:38:06.480 --> 01:38:09.480]  Well, apparently he sounds like a lot of people I know.
[01:38:09.480 --> 01:38:16.480]  He's one of those anatomical creatures that most people can bend over and come up with.
[01:38:16.480 --> 01:38:24.480]  He's a control freak from hell.
[01:38:24.480 --> 01:38:29.480]  Well, it may be enough to get his attention if he looks like he's going to lose control.
[01:38:29.480 --> 01:38:41.480]  It might be just psychological-wise, it might be a good idea to ask for an accounting and ask for a change in trustee.
[01:38:41.480 --> 01:38:43.480]  I would ask for both at the same time.
[01:38:43.480 --> 01:38:51.480]  You don't care so much about the second at first, but the second should help get the accounting on the first.
[01:38:51.480 --> 01:38:59.480]  Due to for nine years my son has asked of such on that basis.
[01:38:59.480 --> 01:39:00.480]  Okay.
[01:39:00.480 --> 01:39:02.480]  He needs to ask the court, Ted.
[01:39:02.480 --> 01:39:06.480]  On basis that he's tried for nine years to do as such, and he won't do it.
[01:39:06.480 --> 01:39:11.480]  Yeah, so that should be enough to get the court to move.
[01:39:11.480 --> 01:39:13.480]  We really need to move along.
[01:39:13.480 --> 01:39:15.480]  We had another issue to address.
[01:39:15.480 --> 01:39:16.480]  All right.
[01:39:16.480 --> 01:39:17.480]  Thanks, Kyle.
[01:39:17.480 --> 01:39:18.480]  Okay.
[01:39:18.480 --> 01:39:19.480]  Bye-bye.
[01:39:19.480 --> 01:39:23.480]  Yeah, sounds like a fun time for sure.
[01:39:23.480 --> 01:39:25.480]  Okay, Mr. Skidmore.
[01:39:25.480 --> 01:39:27.480]  Yes, sir.
[01:39:27.480 --> 01:39:45.480]  Commercial, how do we find legal support for creating a commercial lien by notice and opportunity?
[01:39:45.480 --> 01:39:48.480]  By notice and opportunity?
[01:39:48.480 --> 01:39:58.480]  Yes, Wendy from Tennessee has created these, she calls them maritime liens, whatever kind of liens they are,
[01:39:58.480 --> 01:40:05.480]  wherein someone has taken an action that she maintains harmed her.
[01:40:05.480 --> 01:40:16.480]  She sent notice of the harm to the harmant with opportunity to make her whole.
[01:40:16.480 --> 01:40:22.480]  If they failed to respond and defaulted, then she filed notice of lien.
[01:40:22.480 --> 01:40:25.480]  Well, no, actually you don't file notice of lien right away.
[01:40:25.480 --> 01:40:27.480]  You have to file notice of fault.
[01:40:27.480 --> 01:40:29.480]  I just did go through all the liens.
[01:40:29.480 --> 01:40:36.480]  Yeah, and then there's, and actually Greg and Don know a lot about that, but Steve may know the process as well.
[01:40:36.480 --> 01:40:39.480]  This is all outlined in Tim Turner's documents, by the way.
[01:40:39.480 --> 01:40:42.480]  I didn't get the answers in Tim Turner's documents.
[01:40:42.480 --> 01:40:43.480]  Oh, okay.
[01:40:43.480 --> 01:40:44.480]  Wow.
[01:40:44.480 --> 01:40:48.480]  I don't know what to do in Tim Turner's documents.
[01:40:48.480 --> 01:41:00.480]  And I did a teleconference show last night and asked this very question, where is the law?
[01:41:00.480 --> 01:41:08.480]  If I send you notice of harm and you don't respond to that notice,
[01:41:08.480 --> 01:41:19.480]  the commercial guys are maintaining that you default and become liable for the amount of the notice.
[01:41:19.480 --> 01:41:23.480]  Where would I find law supporting that?
[01:41:23.480 --> 01:41:26.480]  I wouldn't know.
[01:41:26.480 --> 01:41:32.480]  I don't see how you're liable.
[01:41:32.480 --> 01:41:34.480]  Randy, you there?
[01:41:34.480 --> 01:41:35.480]  Yeah, I'm here.
[01:41:35.480 --> 01:41:36.480]  Okay.
[01:41:36.480 --> 01:41:38.480]  Let me think about this.
[01:41:38.480 --> 01:41:41.480]  Okay, you've been harmed.
[01:41:41.480 --> 01:41:49.480]  There's got to be something in between the harm and the actual lien.
[01:41:49.480 --> 01:41:50.480]  Well, there is.
[01:41:50.480 --> 01:41:52.480]  Other than the notice.
[01:41:52.480 --> 01:41:53.480]  Well, there is.
[01:41:53.480 --> 01:41:56.480]  There's a whole process there.
[01:41:56.480 --> 01:41:58.480]  I mean, you can't see.
[01:41:58.480 --> 01:42:04.480]  I remember when Mike Bider was on this network, and I asked him a similar question,
[01:42:04.480 --> 01:42:06.480]  and he answered that on the archives.
[01:42:06.480 --> 01:42:12.480]  I don't remember all the specifics of the answer, but one of the parts of my question had to do with,
[01:42:12.480 --> 01:42:20.480]  you can't just go fraudulently sending notices to people saying you owe me $100,000,
[01:42:20.480 --> 01:42:24.480]  and if you don't respond or if you don't rebut within 10 days,
[01:42:24.480 --> 01:42:28.480]  well, then you're agreeing that you owe me $100,000 and then file a lien on their property.
[01:42:28.480 --> 01:42:29.480]  You can't do that.
[01:42:29.480 --> 01:42:31.480]  You have to have a legitimate claim.
[01:42:31.480 --> 01:42:33.480]  You have to show harm.
[01:42:33.480 --> 01:42:41.480]  Okay, or you have to show that they have incurred a service from you or something of that nature.
[01:42:41.480 --> 01:42:45.480]  I don't see how that can be done without litigation.
[01:42:45.480 --> 01:42:47.480]  Well, that's what they're doing.
[01:42:47.480 --> 01:42:49.480]  This is the answers I'm trying to find.
[01:42:49.480 --> 01:42:53.480]  I think this is pretty standard commercial lien processing.
[01:42:53.480 --> 01:42:57.480]  It's like it happens all the time.
[01:42:57.480 --> 01:43:01.480]  Well, the thing that would go to the courts is enforcement of the lien,
[01:43:01.480 --> 01:43:08.480]  and this is what we were talking about last night about how to enforce the lien,
[01:43:08.480 --> 01:43:12.480]  and in order to enforce the lien, I'll have to go to a court.
[01:43:12.480 --> 01:43:16.480]  Well, see, I think the lien itself is just based on the original claim,
[01:43:16.480 --> 01:43:19.480]  and the claim is that you've been harmed, okay,
[01:43:19.480 --> 01:43:25.480]  and you show harm by like if they've broken the law and deprived you of your rights, so to speak.
[01:43:25.480 --> 01:43:33.480]  The problem I have is if I go to the court and ask the court to enforce a commercial lien,
[01:43:33.480 --> 01:43:36.480]  I need to have the law for the judge.
[01:43:36.480 --> 01:43:38.480]  Okay, well, listen, we're going to break.
[01:43:38.480 --> 01:43:40.480]  We'll be right back.
[01:43:40.480 --> 01:43:42.480]  We'll discuss this some more on the other side.
[01:43:42.480 --> 01:43:45.480]  I'll see if I can get a hold of Greg on the break and have him call in and answer the question,
[01:43:45.480 --> 01:43:49.480]  because actually they did a whole show on this a couple of weeks ago.
[01:43:49.480 --> 01:43:51.480]  See if we can have him call in and review.
[01:43:51.480 --> 01:43:52.480]  We'll be right back.
[01:43:52.480 --> 01:44:01.480]  Okay.
[01:44:01.480 --> 01:44:08.480]  Aerial spraying, chemtrails, the modified atmosphere, heavy metals and pesticides,
[01:44:08.480 --> 01:44:13.480]  carcinogens and chemical fibers all falling from the sky.
[01:44:13.480 --> 01:44:16.480]  You have a choice to keep your body clean.
[01:44:16.480 --> 01:44:26.480]  Detoxify with micro plant powder from hempusa.org or call 908-691-2608.
[01:44:26.480 --> 01:44:30.480]  It's odorless and tasteless and used in any liquid or food.
[01:44:30.480 --> 01:44:34.480]  Protect your family now with micro plant powder.
[01:44:34.480 --> 01:44:38.480]  Cleaning out heavy metals, parasites and toxins.
[01:44:38.480 --> 01:44:43.480]  Order it now for daily intake and stock it now for long-term storage.
[01:44:43.480 --> 01:44:55.480]  Visit hempusa.org or call 908-691-2608 today.
[01:44:55.480 --> 01:45:16.480]  Hello. Oh, man, you're in jail. You're broken, man. Oh, I'm broken.
[01:45:16.480 --> 01:45:25.480]  Some things in this world I will never understand. Some things I realize foolish.
[01:45:25.480 --> 01:45:33.480]  Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:45:33.480 --> 01:45:42.480]  There's always a room at the top of the hill. I hear things are great, violent, it's lonely there too.
[01:45:42.480 --> 01:45:51.480]  They're wishing it was more than I position the bill. They know that if they don't do it, somebody will.
[01:45:51.480 --> 01:45:59.480]  Some things in this world I will never understand. Some things I realize foolish.
[01:45:59.480 --> 01:46:07.480]  Somebody's gonna police that policeman. Somebody's gonna police the bully.
[01:46:07.480 --> 01:46:13.480]  I know they will. Yeah, they're gonna put the bill. I know they will.
[01:46:13.480 --> 01:46:17.480]  I see so much in God's detail. I know they will.
[01:46:17.480 --> 01:46:21.480]  Now I'm about to tip back the scale. I know they will.
[01:46:21.480 --> 01:46:28.480]  Now I'm about to tip back the scale. I know they will.
[01:46:28.480 --> 01:46:34.480]  I know they will. I know they will.
[01:46:34.480 --> 01:46:39.480]  I see so much in God's detail. I know they will.
[01:46:39.480 --> 01:46:43.480]  I know they will. I know they will.
[01:46:43.480 --> 01:46:46.480]  Went down to that old one quarry the other day.
[01:46:46.480 --> 01:46:50.480]  Okay, we are back. The rule of law, Randy Kelton and Deborah Stevens.
[01:46:50.480 --> 01:46:55.480]  And Steve had to go and he doesn't really know that lien process either.
[01:46:55.480 --> 01:47:02.480]  Now, Greg and Don did do an entire show. I think actually they did two shows on this exact issue a few weeks ago.
[01:47:02.480 --> 01:47:08.480]  And they described the case law and the statutes and everything for standard commercial lien process.
[01:47:08.480 --> 01:47:11.480]  And this has nothing to do with Admiralty Law either, by the way.
[01:47:11.480 --> 01:47:18.480]  So I believe that Greg and Don are going to be joining us briefly on the show tomorrow night after their show.
[01:47:18.480 --> 01:47:23.480]  So we can discuss that some tomorrow night. But yeah, this is not a great...
[01:47:23.480 --> 01:47:26.480]  This is not like Admiralty Law. This is not a gray area of law.
[01:47:26.480 --> 01:47:34.480]  It's a standard commercial lien process where you show that you have a claim to the judge, period.
[01:47:34.480 --> 01:47:39.480]  Basically, my understanding is all you have to do is show your legitimate claim.
[01:47:39.480 --> 01:47:45.480]  But it has to be a legitimate claim. It can't just be you sent them a letter saying they owe you $100,000
[01:47:45.480 --> 01:47:51.480]  when they never incurred a service from you or anything like that or they've never harmed you in any way.
[01:47:51.480 --> 01:47:57.480]  Okay. That's fraud. I mean, you can't just send somebody a letter and say they owe you money.
[01:47:57.480 --> 01:48:01.480]  And if they don't pay, then you lien them. I mean, there has to be a legitimate claim.
[01:48:01.480 --> 01:48:07.480]  But this is a very standard commercial lien process. So we can discuss that a little bit more tomorrow night.
[01:48:07.480 --> 01:48:13.480]  But in the meantime, callers, it's our last segment, 512-646-1984. We'd like to call in.
[01:48:13.480 --> 01:48:16.480]  And let's get back to Randy's case.
[01:48:16.480 --> 01:48:24.480]  Randy, you're going to have to take this into federal court now at this point in time because the situation has gotten so corrupt.
[01:48:24.480 --> 01:48:34.480]  And now the district attorney has basically bullied the judge in Denton County into dismissing or not hearing your examining trials.
[01:48:34.480 --> 01:48:38.480]  Didn't they fool him into thinking he didn't have jurisdiction or some crap like that?
[01:48:38.480 --> 01:48:45.480]  So why don't you explain to us why Judge Hand actually does have jurisdiction to hear your examining trial
[01:48:45.480 --> 01:48:48.480]  even though the charge is in Cherokee County?
[01:48:48.480 --> 01:49:05.480]  Because Article 14.06 and 15.16 both require a policeman on arrest to take the person to the nearest magistrate.
[01:49:05.480 --> 01:49:10.480]  And the magistrate is to perform an examining trial.
[01:49:10.480 --> 01:49:17.480]  Now 14.06 goes to arrest without a warrant. 15.16 goes to arrest with a warrant.
[01:49:17.480 --> 01:49:25.480]  And they both say precisely the same thing in almost exactly the same verbiage.
[01:49:25.480 --> 01:49:37.480]  Even with a warrant, they're to take you before a magistrate. And the reason being, a warrant, if it's issued, is by necessity issued ex parte.
[01:49:37.480 --> 01:49:41.480]  Because if the accused was there, the warrant would be moot.
[01:49:41.480 --> 01:49:47.480]  All right. But what I'm not understanding here, and maybe this is the point of what the DA is trying to make,
[01:49:47.480 --> 01:49:52.480]  you're saying the nearest magistrate, obviously Judge Hand in Denton County is not the nearest magistrate.
[01:49:52.480 --> 01:49:57.480]  And I know that it says in the code about taking to a magistrate in adjoining county,
[01:49:57.480 --> 01:50:00.480]  Denton County is not the adjoining county of Cherokee.
[01:50:00.480 --> 01:50:09.480]  So is there something in law that shows that any magistrate in the state of Texas can hold an examining trial for any warrant issued in any other county?
[01:50:09.480 --> 01:50:10.480]  That's what I'm getting at.
[01:50:10.480 --> 01:50:13.480]  Attorney General Opinion H500.
[01:50:13.480 --> 01:50:19.480]  They're the arresting officer. It's not from the point of the charge.
[01:50:19.480 --> 01:50:22.480]  It's from the point of arrest.
[01:50:22.480 --> 01:50:24.480]  Well, you were never arrested.
[01:50:24.480 --> 01:50:28.480]  I was when I went to the magistrate.
[01:50:28.480 --> 01:50:29.480]  Which magistrate?
[01:50:29.480 --> 01:50:32.480]  The one in Denton County.
[01:50:32.480 --> 01:50:35.480]  I went to the magistrate and turned myself in.
[01:50:35.480 --> 01:50:37.480]  Okay.
[01:50:37.480 --> 01:50:40.480]  And at that point, I was under arrest.
[01:50:40.480 --> 01:50:43.480]  And he released me on bail.
[01:50:43.480 --> 01:50:46.480]  Did they make you go through the booking process and everything illegally?
[01:50:46.480 --> 01:50:47.480]  No.
[01:50:47.480 --> 01:50:48.480]  Oh, amazing.
[01:50:48.480 --> 01:50:49.480]  The first time.
[01:50:49.480 --> 01:50:50.480]  What do you know?
[01:50:50.480 --> 01:50:56.480]  So I set this up that I came to turn myself into him.
[01:50:56.480 --> 01:51:01.480]  So I was already before the nearest magistrate.
[01:51:01.480 --> 01:51:06.480]  But that wasn't exactly where I wanted to go.
[01:51:06.480 --> 01:51:15.480]  Tuesday, I turned in, I mailed out a seven-inch high stack of documents.
[01:51:15.480 --> 01:51:22.480]  And the reason I was asking about the commercial process is now I want to start it, too.
[01:51:22.480 --> 01:51:27.480]  I started out with a writ of habeas corpus to the federal court.
[01:51:27.480 --> 01:51:32.480]  Generally, when a state court, if they're doing something really dumb,
[01:51:32.480 --> 01:51:39.480]  when they get a call from the federal court telling them that the federal court's got a writ of habeas corpus down here,
[01:51:39.480 --> 01:51:45.480]  if they don't want to have to go before the federal judge and explain themselves,
[01:51:45.480 --> 01:51:52.480]  what they will generally do is drop the case, and that renders the habeas corpus moot,
[01:51:52.480 --> 01:51:56.480]  because then I'm no longer bound to my liberty.
[01:51:56.480 --> 01:52:05.480]  And just in case they don't do that, I filed a writ of mandamus to the state court
[01:52:05.480 --> 01:52:13.480]  asking the district court to order the county court to dismiss all the charges
[01:52:13.480 --> 01:52:17.480]  and petition for court of inquiry.
[01:52:17.480 --> 01:52:30.480]  I also sent a set of complaints to the executive department, to the Department of Justice and the FBI in Lufkin.
[01:52:30.480 --> 01:52:37.480]  And I sent a set of complaints to the Foreman of the Grand Jury in Lufkin, Texas,
[01:52:37.480 --> 01:52:42.480]  addressed to the address of the U.S. Attorney's Office.
[01:52:42.480 --> 01:52:47.480]  What's going to happen is the U.S. Attorney's going to get that document sent to his office,
[01:52:47.480 --> 01:52:53.480]  and it's going to say, Foreman of the United States Grand Jury.
[01:52:53.480 --> 01:53:01.480]  And he's going to open it and look at the complaints, and he's not going to give them to the Grand Jury.
[01:53:01.480 --> 01:53:06.480]  But there's a letter in there to the Foreman of the Grand Jury telling the Foreman of the Grand Jury
[01:53:06.480 --> 01:53:17.480]  how prosecutors, United States prosecutors, are well known for secreting documents from the Grand Jury.
[01:53:17.480 --> 01:53:26.480]  And it's also known that U.S. Attorneys have a stamp with the Foreman's signature on it.
[01:53:26.480 --> 01:53:33.480]  So I asked him if he would initial this letter, don't sign it, but initial it,
[01:53:33.480 --> 01:53:41.480]  and put it in the included stamp self-addressed envelope and return it to me so I will know he received this document.
[01:53:41.480 --> 01:53:47.480]  Well, the U.S. Attorney's not going to pay any attention to that.
[01:53:47.480 --> 01:53:54.480]  If I don't get that document within a week or so, then I have reasonable probable cause to believe
[01:53:54.480 --> 01:54:00.480]  that the U.S. Attorney didn't give that complaint to the Grand Jury.
[01:54:00.480 --> 01:54:07.480]  Then I'll file another complaint, same way, same name, send it to the U.S. Attorney.
[01:54:07.480 --> 01:54:10.480]  He's going to think it's the same document.
[01:54:10.480 --> 01:54:15.480]  But what it's actually going to be is criminal complaints against him
[01:54:15.480 --> 01:54:22.480]  for secreting criminal complaints against public officials from the Grand Jury.
[01:54:22.480 --> 01:54:29.480]  When he opens that, that's when he'll look at that and say, this guy set me up.
[01:54:29.480 --> 01:54:32.480]  Yes, I did.
[01:54:32.480 --> 01:54:42.480]  And when I don't get a respond to that one, then I'll file a petition with the Federal District Court,
[01:54:42.480 --> 01:54:51.480]  asking the District Court to appoint an attorney pro tem to prosecute the prosecutor.
[01:54:51.480 --> 01:55:04.480]  So we start the fight that I've been wanting to have with the Federal Grand Jury and hadn't had an opportunity to do it.
[01:55:04.480 --> 01:55:08.480]  So these guys give me this opportunity.
[01:55:08.480 --> 01:55:20.480]  When the district judge refuses to act, then I file everything in Washington, D.C., and kind of turn the screws a little bit.
[01:55:20.480 --> 01:55:23.480]  And also file a Chaconda complaint.
[01:55:23.480 --> 01:55:44.480]  I have two more things to file, a set of complaints with the local Texas Rangers and a civil suit where I sue all the individuals involved and their wives.
[01:55:44.480 --> 01:55:46.480]  Why do you get to sue their wives?
[01:55:46.480 --> 01:55:48.480]  How have they harmed you?
[01:55:48.480 --> 01:55:50.480]  Breach of contract.
[01:55:50.480 --> 01:55:53.480]  What contract did their wives have with you?
[01:55:53.480 --> 01:55:55.480]  Let me get there.
[01:55:55.480 --> 01:56:07.480]  Breach of contract on part of the act or wherein he accepted consideration for a contract that he repudiated.
[01:56:07.480 --> 01:56:17.480]  He fraudulently collected funds from the state coffers and the wife helped him launder those funds.
[01:56:17.480 --> 01:56:21.480]  She benefited from the fraud.
[01:56:21.480 --> 01:56:23.480]  I see, because she spent the money.
[01:56:23.480 --> 01:56:28.480]  Yeah, let him explain it to her in the court of angry wife.
[01:56:28.480 --> 01:56:30.480]  Yeah, no kidding.
[01:56:30.480 --> 01:56:33.480]  So that's where I'm at on my criminal.
[01:56:33.480 --> 01:56:41.480]  And the reason I was asking about the commercial process is I want to start moving against these guys with a commercial process.
[01:56:41.480 --> 01:56:49.480]  But the key thing is being able to enforce the commercial lien.
[01:56:49.480 --> 01:56:53.480]  And you have to enforce a commercial lien in court.
[01:56:53.480 --> 01:56:58.480]  So I can't go into court and say, oh, well, judge, this is the way it's always done.
[01:56:58.480 --> 01:56:59.480]  Well, no.
[01:56:59.480 --> 01:57:10.480]  The thing is, Randy, I think a lot of the times, at least what I've been reading and what I understand about the filing the commercial liens, the point is not necessarily to collect on the lien.
[01:57:10.480 --> 01:57:16.480]  The point is to jack them up with the lien and cause them problems so that they cannot function.
[01:57:16.480 --> 01:57:20.480]  And where you actually collect is in the lawsuit, is on the civil side.
[01:57:20.480 --> 01:57:22.480]  That's frivolous.
[01:57:22.480 --> 01:57:25.480]  If I file a lien for that purpose, it's frivolous.
[01:57:25.480 --> 01:57:27.480]  You don't have to say you're filing the lien for that purpose.
[01:57:27.480 --> 01:57:30.480]  You can collect on the lien whenever you feel like it.
[01:57:30.480 --> 01:57:31.480]  But if I want to…
[01:57:31.480 --> 01:57:37.480]  There's no time limit of when you have to take that lien into court to try to enforce it.
[01:57:37.480 --> 01:57:46.480]  Well, I can never, ever take it into court if all I have is some, oh, yeah, that's just the way it's done.
[01:57:46.480 --> 01:57:48.480]  Well, that's not what I'm understanding.
[01:57:48.480 --> 01:57:52.480]  I've already told you that Greg and Don have done two shows on this already.
[01:57:52.480 --> 01:57:53.480]  I keep asking.
[01:57:53.480 --> 01:57:54.480]  I keep not giving.
[01:57:54.480 --> 01:57:55.480]  Okay.
[01:57:55.480 --> 01:57:56.480]  Well, that's because…
[01:57:56.480 --> 01:57:57.480]  That's why I'm still asking.
[01:57:57.480 --> 01:57:59.480]  That's because I don't take notes on every show I produce.
[01:57:59.480 --> 01:58:08.480]  Like, maybe we could go back and listen to Archive, and they'll be on the air tomorrow night anyway.
[01:58:08.480 --> 01:58:09.480]  Okay, listen.
[01:58:09.480 --> 01:58:11.480]  We're down to the end of the show.
[01:58:11.480 --> 01:58:16.480]  And I did want to explain about the jurisdiction of Judge Hand and everything so that we would understand…
[01:58:16.480 --> 01:58:23.480]  Because I wanted the listeners to understand why you're doing all of this and why Judge Hand did something wrong here
[01:58:23.480 --> 01:58:28.480]  because he did have jurisdiction to hear that examining trial.
[01:58:28.480 --> 01:58:32.480]  Okay, we will be back tomorrow evening at 8 p.m. Central Time, Agenda 21.
[01:58:32.480 --> 01:58:35.480]  Talk will be on at 6.
[01:58:35.480 --> 01:58:59.480]  This is the rule of law.
[01:59:05.480 --> 01:59:30.480]  Thank you.
[01:59:30.480 --> 01:59:58.480]  Thank you.