[00:00.000 --> 00:15.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at TheLibertyBeat.com.
[00:15.000 --> 00:16.000]  This is Justin Armand.
[00:16.000 --> 00:18.000]  And this is Jessica Armand.
[00:18.000 --> 00:23.000]  Here with your Liberty Beat for Thursday, September 19, 2013.
[00:23.000 --> 00:35.000]  Gold opened today at $1,363, silver at $22.97, and Bitcoin is trading at $126.34.
[00:35.000 --> 00:43.000]  Support for the Liberty Beat comes from the first annual education conference being held on October 12 in Austin, Texas.
[00:43.000 --> 00:46.000]  If you are a parent, this is an event you do not want to miss.
[00:46.000 --> 00:50.000]  Register today at parentsforliberty.org.
[00:50.000 --> 00:53.000]  And now the news.
[01:21.000 --> 01:29.000]  A federal audit finds that bad record keeping has led to a significant overstating of terrorism charges.
[01:29.000 --> 01:41.000]  The audit, conducted by the Justice Department's Inspector General, found that the Executive Office for U.S. Attorneys has inflated the number of terrorism-related defendants found guilty in 2009 by 13 percent.
[01:41.000 --> 01:45.000]  The audit shows inflated numbers of 26 percent in 2010.
[01:45.000 --> 01:56.000]  The report is a follow-up to a 2007 audit that discovered the Department's inaccuracies in reporting terrorism-related statistics.
[01:56.000 --> 02:10.000]  According to a report by the Texas Observer, over the past six years, the Houston Police Department was reported for the use of force on civilians 588 times, and all but four of those complaints were dismissed.
[02:10.000 --> 02:26.000]  The eight-month-long investigation also found that from 2007 to 2012, HPD officers were involved in 550 incidences in which either a citizen or an animal was injured or killed by a police officer's bullet.
[02:26.000 --> 02:35.000]  Houston police officers reported other cops 118 times for excessive force, but only 11 were disciplined by eternal affairs.
[02:35.000 --> 02:50.000]  Only 15 incidences were sustained over the past six years, and of the 15 sustained complaints, 10 were videotaped, leading some to believe that HPD is attempting to prevent citizens from recording their actions.
[02:50.000 --> 03:08.000]  You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[03:20.000 --> 03:26.000]  What you wanna do, what you gonna do?
[03:27.000 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:34.000]  Whatcha gonna do when they come for you?
[03:34.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:38.000]  Whatcha gonna do when they come for you?
[03:38.000 --> 03:41.000]  When you were eight and you had bad traits
[03:41.000 --> 03:43.000]  Did you go to school and learned to talk?
[03:43.000 --> 03:44.000]  Okay!
[03:44.000 --> 03:47.000]  Hello everyone, this is Randy differentiate with Debbie Stevens.
[03:47.000 --> 03:52.000]  Thursday, September the 19th already,
[03:52.000 --> 03:59.000]  and I was going to talk about something a little different today.
[03:59.000 --> 04:08.000]  In doing what we do, we sit here and we talk to a microphone.
[04:08.000 --> 04:15.000]  It's sort of like talking to air, because our voice goes out over the air,
[04:15.000 --> 04:24.000]  and we can't see the person that we're trying to affect with our language.
[04:24.000 --> 04:32.000]  It's very good for us because we have to struggle to craft our language carefully
[04:32.000 --> 04:41.000]  so that the images we have in our mind, we transmit faithfully to the minds of others,
[04:41.000 --> 04:49.000]  and anyone who's ever tried to explain something complex will understand how difficult that can be.
[04:49.000 --> 04:57.000]  So one of the tools I use are metaphors, stories,
[04:57.000 --> 05:07.000]  methods of crafting an idea in an image that's not necessarily directly related.
[05:07.000 --> 05:14.000]  And I was working on a project with a different type of client recently,
[05:14.000 --> 05:20.000]  and they sent me to one of their lawyers' websites.
[05:20.000 --> 05:28.000]  And when I opened the website, as a logo on the front of his website, he had a three-sided chessboard.
[05:28.000 --> 05:38.000]  And as soon as I saw that chessboard, I absolutely understood what he was trying to communicate with it.
[05:38.000 --> 05:48.000]  And it is an absolutely perfect metaphor for how to think about your lawyer.
[05:48.000 --> 05:59.000]  When you go into any kind of situation in the courts where you're either a plaintiff or a defendant,
[05:59.000 --> 06:07.000]  and you go in with a lawyer, the presumption is it's you and your lawyer against the world,
[06:07.000 --> 06:11.000]  against the guy on the other side and his lawyer.
[06:11.000 --> 06:14.000]  Well, that is simply not how it works.
[06:14.000 --> 06:18.000]  It would be nice if it did work that way.
[06:18.000 --> 06:27.000]  But in the real world we live in, lawyers are in business to make a living.
[06:27.000 --> 06:39.000]  And there's a saying among lawyers that clients come and go, but fellow lawyers you always be dealing with.
[06:39.000 --> 06:46.000]  You see the same lawyers day in, day out for years.
[06:46.000 --> 06:55.000]  So what essentially happens is, is lawyers develop relationships with other lawyers,
[06:55.000 --> 07:05.000]  lawyers that they go into court on the same side and go into court on opposite sides.
[07:05.000 --> 07:13.000]  If you're securing a lawyer, you have to understand that the lawyer is in business,
[07:13.000 --> 07:18.000]  and when you're gone, when you're done with the courts, he's still going to be there.
[07:18.000 --> 07:24.000]  So he has a relationship with the courts and with other lawyers.
[07:24.000 --> 07:31.000]  The way to think about your court case is a three-sided chessboard.
[07:31.000 --> 07:36.000]  But the players are not necessarily the ones you would think they would be.
[07:36.000 --> 07:43.000]  You're one of the players, and your lawyer is another one of the players.
[07:43.000 --> 07:50.000]  Now we want to think that our lawyer is sitting over here on our side helping us move our pieces around.
[07:50.000 --> 07:53.000]  He's doing no such thing.
[07:53.000 --> 07:56.000]  Your lawyer is one of your opponents.
[07:56.000 --> 08:03.000]  When you go into court, you're facing your lawyer and the other side's lawyer.
[08:03.000 --> 08:11.000]  The other opponent, he doesn't mean anything as far as your relationship with the court is.
[08:11.000 --> 08:14.000]  You, your lawyer, his lawyer.
[08:14.000 --> 08:17.000]  Now your lawyer and his lawyer know each other as a rule.
[08:17.000 --> 08:25.000]  Even if they don't know each other, they're part of the same professional community.
[08:25.000 --> 08:30.000]  They expect that they will either see one another over and over,
[08:30.000 --> 08:36.000]  or they will see acquaintances of one another over and over.
[08:36.000 --> 08:44.000]  And they, over time, develop a set of professional courtesies.
[08:44.000 --> 08:49.000]  Now keep in mind, your lawyer's in business, and he's in business to make money.
[08:49.000 --> 08:53.000]  And lawyers tend to like to make lots of money.
[08:53.000 --> 08:56.000]  That's how they keep score. Who's the best lawyer?
[08:56.000 --> 08:58.000]  The one that makes the most money.
[08:58.000 --> 09:00.000]  So they're always trying to make more money.
[09:00.000 --> 09:02.000]  Where do they get their money?
[09:02.000 --> 09:04.000]  From the client.
[09:04.000 --> 09:08.000]  And what do they do for the client for the money?
[09:08.000 --> 09:10.000]  As little as possible.
[09:10.000 --> 09:14.000]  This way, they can take on more clients.
[09:14.000 --> 09:20.000]  They spend all their time on one client, then they can't milk other clients.
[09:20.000 --> 09:29.000]  This may not be right, but this is how it works in the world you and I live in.
[09:29.000 --> 09:34.000]  And if we don't understand that going in, we are at a terrible disadvantage.
[09:34.000 --> 09:41.000]  If we do understand that, we have a great advantage,
[09:41.000 --> 09:49.000]  because the lawyers don't expect the clients to understand the lawyers.
[09:49.000 --> 09:54.000]  They're not accustomed to a client having a clue as to what the lawyers are doing.
[09:54.000 --> 09:57.000]  The lawyers just get these clients and do whatever they want to,
[09:57.000 --> 10:05.000]  and primarily what the lawyers do is, whether they do this explicitly or implicitly,
[10:05.000 --> 10:11.000]  both of them know that both of them are in business to make money.
[10:11.000 --> 10:14.000]  Both of them have clients.
[10:14.000 --> 10:18.000]  Their clients are their source of money.
[10:18.000 --> 10:25.000]  So if a lawyer has a dead-bang, easy win case,
[10:25.000 --> 10:32.000]  and he comes in and just blows out the other side, he doesn't get to bill much.
[10:32.000 --> 10:36.000]  The other lawyer doesn't get to bill much,
[10:36.000 --> 10:46.000]  and he's going to get a bad name around the lawyer community as someone who screws the other side.
[10:46.000 --> 10:51.000]  So to keep other lawyers from doing the same thing to him,
[10:51.000 --> 10:57.000]  they tend to do what's called churning the case.
[10:57.000 --> 11:02.000]  They start filing motions and getting continuances
[11:02.000 --> 11:09.000]  and doing this little legalistic song and dance and seltzer down your pants.
[11:09.000 --> 11:12.000]  They will look at their clients,
[11:12.000 --> 11:21.000]  try to determine how much of each client's estate they can swallow,
[11:21.000 --> 11:25.000]  how much money they think they can get out of a client,
[11:25.000 --> 11:32.000]  before the client has a fit and sues them for malpractice.
[11:32.000 --> 11:37.000]  Once they've extracted as much as they can from their clients,
[11:37.000 --> 11:43.000]  then they'll come together with a deal that their clients can live with
[11:43.000 --> 11:47.000]  and feel like at least they come away with something.
[11:47.000 --> 11:55.000]  Primary purpose of the lawyer is to keep the client from suing him.
[11:55.000 --> 11:59.000]  Primary purpose is not to win your case.
[11:59.000 --> 12:03.000]  Primary purpose is to extract as much money as he can
[12:03.000 --> 12:09.000]  and let you come away with something that will keep you from suing him.
[12:09.000 --> 12:13.000]  Now that may sound cynical,
[12:13.000 --> 12:19.000]  but if you look at it from the lawyer's perspective,
[12:19.000 --> 12:23.000]  it would not be in his best interest to get a client
[12:23.000 --> 12:28.000]  and then take a pittance of what he could get from the clients,
[12:28.000 --> 12:33.000]  make his case go away, make the client real happy with him,
[12:33.000 --> 12:37.000]  but the lawyer goes home broke.
[12:37.000 --> 12:40.000]  So if you get a lawyer,
[12:40.000 --> 12:47.000]  understand that a three-sided chessboard is all about alliances.
[12:47.000 --> 12:51.000]  You have an alliance with your lawyer,
[12:51.000 --> 12:55.000]  but your lawyer has an alliance with the other lawyer.
[12:55.000 --> 12:57.000]  The other lawyer doesn't have an alliance with you.
[12:57.000 --> 13:03.000]  He has an alliance with his client and the other lawyer.
[13:03.000 --> 13:07.000]  So if you're going to win your case
[13:07.000 --> 13:12.000]  and still have some of your estate left when you get finished,
[13:12.000 --> 13:17.000]  you're going to have to find a way to interfere with the alliance
[13:17.000 --> 13:22.000]  between your lawyer and the other lawyer.
[13:22.000 --> 13:27.000]  Force your lawyer to ally himself with you in your interests.
[13:27.000 --> 13:29.000]  That way you have two against one.
[13:29.000 --> 13:37.000]  You have at least an improved chance of winning your case.
[13:37.000 --> 13:42.000]  No matter how much you like your lawyer,
[13:42.000 --> 13:45.000]  he is still a lawyer,
[13:45.000 --> 13:52.000]  and it is the job of the lawyer to get you to trust him.
[13:52.000 --> 13:54.000]  That's what they do.
[13:54.000 --> 13:56.000]  He is a pro at that.
[13:56.000 --> 14:01.000]  He will feed you the biggest line of BS he can think of,
[14:01.000 --> 14:04.000]  anything he thinks that you will buy,
[14:04.000 --> 14:08.000]  because the lawyer pretty well knows
[14:08.000 --> 14:13.000]  that you don't understand how things work.
[14:13.000 --> 14:19.000]  You got this idea of how things work that they taught you in school.
[14:19.000 --> 14:21.000]  But whenever I think about that,
[14:21.000 --> 14:25.000]  I think of the line in the song that says,
[14:25.000 --> 14:29.000]  after all the crap I've learned in high school,
[14:29.000 --> 14:32.000]  it's a wonder I can think it all.
[14:32.000 --> 14:35.000]  And I think that is appropriate.
[14:35.000 --> 14:40.000]  The schools teach us about how things ought to be,
[14:40.000 --> 14:42.000]  not how things are.
[14:42.000 --> 14:45.000]  So we come before the courts,
[14:45.000 --> 14:49.000]  having no experience for the most part with the courts,
[14:49.000 --> 14:58.000]  with these notions that were drummed into us for most of our lives.
[14:58.000 --> 15:00.000]  We come to the courts,
[15:00.000 --> 15:02.000]  and most people come away disillusioned.
[15:02.000 --> 15:06.000]  We say the only people who trust the courts
[15:06.000 --> 15:10.000]  are the people who have never had to deal with them.
[15:10.000 --> 15:15.000]  It's not necessarily because the courts are so corrupt.
[15:15.000 --> 15:17.000]  Perhaps they are.
[15:17.000 --> 15:19.000]  But from the pro se side,
[15:19.000 --> 15:25.000]  from the non-professional side,
[15:25.000 --> 15:28.000]  we look at what goes on there,
[15:28.000 --> 15:32.000]  and it does not work the way we thought it would.
[15:32.000 --> 15:35.000]  So we feel betrayed.
[15:35.000 --> 15:39.000]  We feel lost.
[15:39.000 --> 15:43.000]  All our securities that we've held onto for our whole lives
[15:43.000 --> 15:47.000]  has all of a sudden flushed down the toilet.
[15:47.000 --> 15:51.000]  And it's difficult.
[15:51.000 --> 15:54.000]  It's not necessarily that they're all bad guys.
[15:54.000 --> 16:00.000]  It's just that the system does not work the way you led to believe it is.
[16:00.000 --> 16:09.000]  And it's our job here to try to present information
[16:09.000 --> 16:14.000]  in a way that will help you understand how it really works.
[16:14.000 --> 16:16.000]  Getting mad at these guys, throwing rocks at them,
[16:16.000 --> 16:18.000]  you know, that may be fine.
[16:18.000 --> 16:20.000]  It may make you feel better.
[16:20.000 --> 16:26.000]  But in the end, it's not going to lead us to remedies and positive outcomes.
[16:26.000 --> 16:28.000]  So when I come back on the other side,
[16:28.000 --> 16:36.000]  I'm going to talk about how we can go about more effectively securing positive outcomes.
[16:36.000 --> 16:39.000]  We're going to have the phone lines open all night.
[16:39.000 --> 16:44.000]  The call-in number is 512-646-1984.
[16:44.000 --> 16:46.000]  Give us a call.
[16:46.000 --> 16:47.000]  Get in line.
[16:47.000 --> 16:50.000]  We will take calls on most any subject.
[16:50.000 --> 16:53.000]  I will probably spend another segment on this,
[16:53.000 --> 16:55.000]  and then we'll go to calls.
[16:55.000 --> 16:58.000]  We'll be right back on the other side.
[17:26.000 --> 17:30.000]  Logos Radio Network gets many requests to endorse all sorts of products,
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[18:40.000 --> 18:43.000]  or email michaelmears at yahoo.com.
[18:43.000 --> 18:49.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-f
[18:49.000 --> 18:51.000]  at yahoo.com.
[18:51.000 --> 19:01.000]  To learn how to stop debt collectors now.
[19:01.000 --> 19:05.000]  You are listening to the Logos Radio Network,
[19:05.000 --> 19:10.000]  the Logosradionetwork.com.
[19:10.000 --> 19:23.000]  We'll be right back.
[19:40.000 --> 19:52.000]  Okay, we are back.
[19:52.000 --> 19:55.000]  Randy Kelton, Debra Stevens.
[19:55.000 --> 20:02.000]  And on the break, Debra brought up something that I didn't get to yet.
[20:02.000 --> 20:05.000]  But I'm going to go to her in a moment.
[20:05.000 --> 20:11.000]  I presented this in terms of a three-sided chessboard.
[20:11.000 --> 20:17.000]  And I kind of figured that a good portion of you would be out there thinking,
[20:17.000 --> 20:21.000]  this chessboard's got more sides than three.
[20:21.000 --> 20:23.000]  And that would be correct.
[20:23.000 --> 20:28.000]  But it was too complex to try to structure this so it would make sense.
[20:28.000 --> 20:33.000]  Now I'm going to go to Debra, and she's going to talk about some of the other sides.
[20:33.000 --> 20:34.000]  Deb?
[20:34.000 --> 20:38.000]  I was telling Randy on the break, it started occurring to me that this is actually
[20:38.000 --> 20:43.000]  not really a three-sided chessboard, but rather a four-sided chessboard
[20:43.000 --> 20:48.000]  where the fourth side is the judge.
[20:48.000 --> 20:52.000]  Okay, and the judge has an interest in this game.
[20:52.000 --> 20:57.000]  And you've got the, because he wants to do what's best for his own career,
[20:57.000 --> 20:59.000]  or her own career.
[20:59.000 --> 21:06.000]  And so you've got these attorneys that are trying to collaborate with each other
[21:06.000 --> 21:13.000]  to throw the game so that they can wield it to make the judge happy,
[21:13.000 --> 21:15.000]  so that the judge will win the game.
[21:15.000 --> 21:20.000]  Now whether or not, I don't know if the judge is actually an active player
[21:20.000 --> 21:22.000]  in every single game.
[21:22.000 --> 21:26.000]  Sometimes I think probably the judge is always going to want to act
[21:26.000 --> 21:28.000]  in their own best interest, okay?
[21:28.000 --> 21:32.000]  And the judge is not going to want to give a ruling to a pro se,
[21:32.000 --> 21:34.000]  or somebody that has an attorney,
[21:34.000 --> 21:39.000]  if it's going to make waves or cause problems or buck the system
[21:39.000 --> 21:42.000]  or something like that or set some kind of precedent
[21:42.000 --> 21:45.000]  that would be very embarrassing for the executive branch of the government,
[21:45.000 --> 21:46.000]  things like that.
[21:46.000 --> 21:49.000]  So I would say there's going to be times where the judge is going to be
[21:49.000 --> 21:53.000]  an active player in the case, other times maybe not so active,
[21:53.000 --> 21:55.000]  maybe actually neutral.
[21:55.000 --> 22:00.000]  But no matter whether the judge is an active player or not,
[22:00.000 --> 22:04.000]  the attorneys are going to conduct themselves in the game
[22:04.000 --> 22:06.000]  as if the judge is an active player,
[22:06.000 --> 22:09.000]  and they're always going to collaborate with each other
[22:09.000 --> 22:14.000]  so as not to make the judge mad and so that they will work it
[22:14.000 --> 22:16.000]  so that the judge will always win the game.
[22:16.000 --> 22:23.000]  Hence the golf course analogy where the lawyers go and play golf with the judge
[22:23.000 --> 22:25.000]  and throw the golf game,
[22:25.000 --> 22:28.000]  hence leaving a bag of cash on the golf course
[22:28.000 --> 22:31.000]  so that the judge wins and gives them their way.
[22:31.000 --> 22:34.000]  This is the way that the attorneys protect their own career.
[22:34.000 --> 22:40.000]  And so I would think that we not only want to work the situation
[22:40.000 --> 22:47.000]  to give our own attorney, if we had an attorney, motivation, if you will,
[22:47.000 --> 22:53.000]  motivation to actually side with us in the game against the other attorney,
[22:53.000 --> 22:59.000]  but as Randy would say, some kind of plausible deniability as well to give
[22:59.000 --> 23:02.000]  so that your attorney can have an excuse to the judge,
[23:02.000 --> 23:04.000]  look, Judge, I'm sorry, but you know,
[23:04.000 --> 23:08.000]  I've got to do what I've got to do to fight for my client's rights here
[23:08.000 --> 23:13.000]  because otherwise this unruly client of mine is going to end my career,
[23:13.000 --> 23:18.000]  so I have to play the game this way or something, you know, sorry.
[23:18.000 --> 23:19.000]  So I don't know.
[23:19.000 --> 23:20.000]  What do you think, Randy?
[23:20.000 --> 23:23.000]  How do you like the extrapolation of the analogy here?
[23:23.000 --> 23:26.000]  This is exactly right.
[23:26.000 --> 23:31.000]  And I would have eventually got there because I know everybody's thinking
[23:31.000 --> 23:34.000]  there's more players and you hit it dead on.
[23:34.000 --> 23:43.000]  And there are, we do, you know, the lawyer, when he gets an unruly client,
[23:43.000 --> 23:48.000]  because these guys are all players and they play the game with one another
[23:48.000 --> 23:53.000]  all the time, when I went in and told my lawyer,
[23:53.000 --> 23:57.000]  you will adjudicate every single one of my due process rights,
[23:57.000 --> 24:00.000]  you miss one, you fail to adjudicate one, I'll bargain with you,
[24:00.000 --> 24:04.000]  he went to the court and said, Your Honor, you know,
[24:04.000 --> 24:07.000]  I've been giving you guys what you want.
[24:07.000 --> 24:13.000]  It's now it's time for me to draw a little bit out of the pool.
[24:13.000 --> 24:18.000]  Now I need you guys to cover me and I'll owe you one.
[24:18.000 --> 24:20.000]  And that's exactly what the court did.
[24:20.000 --> 24:27.000]  They dismissed my case to make me happy so I didn't hammer my lawyer.
[24:27.000 --> 24:34.000]  Had nothing to do with law, had everything to do with politics
[24:34.000 --> 24:38.000]  and playing the game.
[24:38.000 --> 24:42.000]  Yes, there are more than, there's more than just the judge.
[24:42.000 --> 24:49.000]  I have a document I will bring on on another show from a lawyer
[24:49.000 --> 24:56.000]  who treats the court system like the holodeck on the enterprise.
[24:56.000 --> 25:00.000]  She says you've got all of these characters here
[25:00.000 --> 25:03.000]  and when you see these characters, you think you know what they are,
[25:03.000 --> 25:08.000]  but those are all just holographic projections.
[25:08.000 --> 25:12.000]  They are, none of them are what you think they are.
[25:12.000 --> 25:14.000]  Your lawyer is not your buddy.
[25:14.000 --> 25:18.000]  The other lawyer is not the old grenadine you think he is
[25:18.000 --> 25:21.000]  and the judge is definitely not on your side.
[25:21.000 --> 25:23.000]  Everybody's against you.
[25:23.000 --> 25:25.000]  Everybody's playing their own angles.
[25:25.000 --> 25:28.000]  The bar is there to protect the lawyers.
[25:28.000 --> 25:33.000]  The judicial conduct commission is there to protect the judges.
[25:33.000 --> 25:41.000]  It's all one big group and you're the outsider.
[25:41.000 --> 25:44.000]  Once we understand that and for the most part,
[25:44.000 --> 25:49.000]  what these guys are doing is not malicious.
[25:49.000 --> 25:52.000]  You know, if you're a cattle rancher,
[25:52.000 --> 25:55.000]  you deal with all these cattle all day
[25:55.000 --> 26:00.000]  and you don't, unless you're really sadistic and twisted
[26:00.000 --> 26:04.000]  and don't care if you make any money,
[26:04.000 --> 26:09.000]  you're going to treat these cattle with a certain amount of deference
[26:09.000 --> 26:12.000]  because you want to keep them healthy and get them fat,
[26:12.000 --> 26:20.000]  but you're not going to single one out for a special mistreatment.
[26:20.000 --> 26:23.000]  They've got too many of them.
[26:23.000 --> 26:27.000]  You're constantly dealing with them, year in, year out.
[26:27.000 --> 26:30.000]  They just become a process.
[26:30.000 --> 26:33.000]  Now, that may not be flattering,
[26:33.000 --> 26:38.000]  but to the lawyers, we become a process.
[26:38.000 --> 26:43.000]  They've got 10 or 20 clients at any one time.
[26:43.000 --> 26:48.000]  They're constantly taking on new clients, finishing clients.
[26:48.000 --> 26:51.000]  It's just a conveyor belt constantly.
[26:51.000 --> 26:56.000]  So it's not that they single you out for special mistreatment.
[26:56.000 --> 27:00.000]  They treat everybody this crappy,
[27:00.000 --> 27:04.000]  and they're very accustomed to people not knowing how
[27:04.000 --> 27:07.000]  to force them to do things different.
[27:07.000 --> 27:09.000]  They will do what they can get away with.
[27:09.000 --> 27:12.000]  They will charge you as much money as they can.
[27:12.000 --> 27:17.000]  They will do as little as they can get away with.
[27:17.000 --> 27:20.000]  That's so they can handle more clients.
[27:20.000 --> 27:25.000]  So if we're going to take control of these lawyers,
[27:25.000 --> 27:33.000]  we need never to do anything personal, and I make it a habit.
[27:33.000 --> 27:41.000]  It is a hard and fast rule for me that when somebody really pisses me off,
[27:41.000 --> 27:45.000]  I shut my mouth and go away.
[27:45.000 --> 27:50.000]  If someone gigs me good and tries to get me to argue with them
[27:50.000 --> 27:58.000]  or bandy words with them, I tend to shut my mouth and back up,
[27:58.000 --> 28:01.000]  because I know that I'm being had.
[28:01.000 --> 28:04.000]  There are still a few people who still get to me,
[28:04.000 --> 28:10.000]  but those are only the people who really matter to me.
[28:10.000 --> 28:13.000]  These guys here, they're just chumps.
[28:13.000 --> 28:15.000]  They're not important.
[28:15.000 --> 28:20.000]  I had a city councilman call me once and say,
[28:20.000 --> 28:26.000]  you know, Mr. Helton, everybody in town is laughing at you.
[28:26.000 --> 28:31.000]  I told him, well, it's fortunate I don't have to make my living in this town.
[28:31.000 --> 28:41.000]  So if I have to choose between them liking me and them respecting me,
[28:41.000 --> 28:44.000]  I'll take the second every time.
[28:44.000 --> 28:50.000]  In the county I live in, the police have orders not to even write me a ticket.
[28:50.000 --> 28:53.000]  If I have to have one or the other, I'll take the second.
[28:53.000 --> 28:54.000]  They're not that important to me.
[28:54.000 --> 28:57.000]  Now, there are people who are important to me and they get to me,
[28:57.000 --> 28:59.000]  but those guys can't.
[28:59.000 --> 29:08.000]  When we start thinking of the lawyers and the judges from this perspective,
[29:08.000 --> 29:13.000]  they won't drive us to anger quite so easy.
[29:13.000 --> 29:17.000]  They won't frighten us quite so easy because, frankly, they don't care about you.
[29:17.000 --> 29:21.000]  They're not going to single you out for special persecution.
[29:21.000 --> 29:22.000]  If you give them a hard time,
[29:22.000 --> 29:26.000]  they'll use their standard procedures to try to get you to quit doing it,
[29:26.000 --> 29:29.000]  but if you learn how to handle them,
[29:29.000 --> 29:34.000]  we can begin to get the upper hand on these guys.
[29:34.000 --> 29:39.000]  If we can get a critical mass of proceeds from hell,
[29:39.000 --> 29:43.000]  then they'll have to stop doing a lot of the crap over that they're doing,
[29:43.000 --> 29:46.000]  and we can actually begin to win some.
[29:46.000 --> 29:49.000]  When we come back, Anthony, I see you there.
[29:49.000 --> 29:53.000]  We will take your call when we come back on the other side.
[29:53.000 --> 29:56.000]  This is Randy Kelton, Deborah Stevens, the root of our radio,
[29:56.000 --> 30:13.000]  and we'll call it number 512-606-1984.
[30:13.000 --> 30:15.000]  Privacy is under attack.
[30:15.000 --> 30:19.000]  When you give up data about yourself, you'll never get it back again,
[30:19.000 --> 30:24.000]  and once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:24.000 --> 30:29.000]  Protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.000 --> 30:31.000]  Privacy, it's worth hanging onto.
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[31:17.000 --> 31:22.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[31:47.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:50.000]  I'm not a conspiracy theorist.
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[33:30.000 --> 33:32.000]  Okay, we are back.
[33:32.000 --> 33:34.000]  Randy Kelton, Deborah Stevens.
[33:34.000 --> 33:36.000]  And we're going to the phones.
[33:36.000 --> 33:39.000]  We're going to Anthony in Texas.
[33:39.000 --> 33:40.000]  Hello, Anthony.
[33:40.000 --> 33:42.000]  What do you have for us today?
[33:42.000 --> 33:45.000]  How are you doing today, sir?
[33:45.000 --> 33:46.000]  Doing well.
[33:46.000 --> 33:48.000]  Good.
[33:48.000 --> 33:49.000]  Okay.
[33:49.000 --> 33:58.000]  My situation, I've referred to this book signed by Mr. David Whippy in Texas, so I don't know if you know that name.
[33:58.000 --> 33:59.000]  But...
[33:59.000 --> 34:01.000]  Well, yeah, I know him.
[34:01.000 --> 34:03.000]  He's just hard to understand.
[34:03.000 --> 34:07.000]  He doesn't speak the language yet.
[34:07.000 --> 34:08.000]  Okay.
[34:08.000 --> 34:09.000]  Okay.
[34:09.000 --> 34:10.000]  Well, I'm going to take...
[34:10.000 --> 34:15.000]  He still speaks that strange foreign Yankee dialect.
[34:15.000 --> 34:16.000]  Oh, yeah.
[34:16.000 --> 34:17.000]  Yeah, he does.
[34:17.000 --> 34:18.000]  He does.
[34:18.000 --> 34:19.000]  Okay.
[34:19.000 --> 34:24.000]  My situation, I'm in the middle of the state.
[34:24.000 --> 34:35.000]  So a year ago, every month I'll get what they call the foreclosure list and I'll go over it, you know, see what's out there.
[34:35.000 --> 34:46.000]  And so the houses that are in my area, I, you know, go door to door trying to see if I can help people with their situation.
[34:46.000 --> 34:52.000]  Well, every month there's hundreds of vacant houses that people have just left.
[34:52.000 --> 34:57.000]  So this particular one, I mean, they leave them open.
[34:57.000 --> 34:59.000]  They leave them, you know, whatever.
[34:59.000 --> 35:04.000]  They just don't care because they haven't been able to work anything out with the bank and they just leave it open.
[35:04.000 --> 35:08.000]  This particular house was left open.
[35:08.000 --> 35:12.000]  I walked in and there was, you know, nothing in the house.
[35:12.000 --> 35:16.000]  It was vacant, just a few little items here and there, but it was a vacant house.
[35:16.000 --> 35:19.000]  No lights, no nothing.
[35:19.000 --> 35:22.000]  So I have an option in real estate.
[35:22.000 --> 35:28.000]  I mean, I can do what they call adverse possession, which they're trying to change the laws on that,
[35:28.000 --> 35:39.000]  or I could, you know, just take possession of it because three days later it's got to be foreclosed by the bank.
[35:39.000 --> 35:46.000]  So what I did on this particular case, which was with a business partner of mine, we, you know,
[35:46.000 --> 35:54.000]  we had a little crew just to come through and fix it up, just get it cosmetically ready, clean it out, cut the yard, yada, yada, yada.
[35:54.000 --> 36:01.000]  We had someone who actually did not have a place to live, was pretty much homeless.
[36:01.000 --> 36:11.000]  Did a little contract with them, you know, said, hey, you can come move in here and, you know, we'll, or it's affordable for you.
[36:11.000 --> 36:20.000]  So while in the process of their moving that next day, the daughter of the former person who was living there
[36:20.000 --> 36:23.000]  asked what was going on at this house.
[36:23.000 --> 36:25.000]  They said, we're moving in.
[36:25.000 --> 36:27.000]  She called the cops.
[36:27.000 --> 36:35.000]  So in calling the cops, they said, well, you know, lots of change, you'll have the key.
[36:35.000 --> 36:45.000]  The previous person or the mother came back over and they said, well, you know, who rented you this house, ma'am, yada, yada.
[36:45.000 --> 36:48.000]  So, man, I'm not one to leave anybody stranded.
[36:48.000 --> 36:58.000]  So me and my business partner left the dinner function with our family, came back over and said, hey, what's going on, yada, yada, yada.
[36:58.000 --> 37:05.000]  So they said, please wait here. We don't have to have a detective come out, even though this is a civil matter.
[37:05.000 --> 37:10.000]  So I'll remind you, this is a Saturday night on that Tuesday here in Texas.
[37:10.000 --> 37:14.000]  The first Tuesday of every month is the foreclosure sale.
[37:14.000 --> 37:19.000]  So he comes, he interviews me, said, hey, what's going on?
[37:19.000 --> 37:24.000]  I told him, you know, I mean, it was an empty house, yada, yada, yada.
[37:24.000 --> 37:30.000]  He tried to interview my business partner. My business partner didn't want to talk to him, didn't want to talk to him.
[37:30.000 --> 37:32.000]  I mean, this is a civil matter.
[37:32.000 --> 37:38.000]  So he comes back, irate, the detective says, hey, everybody get out of this house.
[37:38.000 --> 37:41.000]  This is not your house. You can't be doing this. Get out.
[37:41.000 --> 37:50.000]  They write me and my friend or my business partner a citation or a, excuse me, a trespassing warning.
[37:50.000 --> 37:52.000]  Do not do this again.
[37:52.000 --> 38:02.000]  Okay, next. I meant, so we, you know, help the people move, get their stuff out, and we leave those scene. That was it.
[38:02.000 --> 38:07.000]  The detective called the next day, he's hassling me. He called the business partner hassling me.
[38:07.000 --> 38:10.000]  So a year has passed.
[38:10.000 --> 38:24.000]  My business partner had a, where he had moved into and the realtor or whatever calls the police on him, had nothing to do with me.
[38:24.000 --> 38:27.000]  However, that was on August 13th.
[38:27.000 --> 38:43.000]  So now the costs come out, same situation, then they call a detective, happen to be the same detective, hear his name, comes out, gives him a hassle and arrest him and send him down.
[38:43.000 --> 38:46.000]  So he gets out the next day. That's August 13th.
[38:46.000 --> 39:03.000]  But on August 20th, there was a warrant put out for his arrest and an indictment put out on August 20th and which was a warrant as well as a warrant for my arrest.
[39:03.000 --> 39:08.000]  Mind you, I had nothing to do with the second incident.
[39:08.000 --> 39:17.000]  The paperwork says that he's been arrested for the incident that happened a year ago.
[39:17.000 --> 39:21.000]  So the indictment, of course, it connects me to it.
[39:21.000 --> 39:35.000]  And so here I was today, Tuesday, I meant Thursday, on Tuesday, a sheriff comes to my house and arrests me saying that a warrant was issued for my arrest about a month ago.
[39:35.000 --> 39:38.000]  So here I am because I didn't know.
[39:38.000 --> 39:39.000]  Okay.
[39:39.000 --> 39:40.000]  Okay.
[39:40.000 --> 39:41.000]  Hold on.
[39:41.000 --> 39:42.000]  These stories get real long.
[39:42.000 --> 39:47.000]  This is kind of where I figured it was going to start with.
[39:47.000 --> 39:55.000]  This is just the officer trying to exceed his authority.
[39:55.000 --> 39:56.000]  Correct.
[39:56.000 --> 39:59.000]  He was a judge in this situation.
[39:59.000 --> 40:08.000]  First thing you need to understand is Texas is not a democracy.
[40:08.000 --> 40:10.000]  It is a republic.
[40:10.000 --> 40:12.000]  Yes, sir.
[40:12.000 --> 40:20.000]  Can as such, when you read the Bible, where the Bible says, render unto Caesar.
[40:20.000 --> 40:22.000]  That which is Caesar.
[40:22.000 --> 40:25.000]  You are Caesar.
[40:25.000 --> 40:29.000]  In this country, you are Caesar.
[40:29.000 --> 40:35.000]  It is your duty to ensure that your public officials follow their law.
[40:35.000 --> 40:56.000]  And this officer, once he issued the criminal trespass warning, he could not file a further complaint unless you were criminally trespassing on the same property.
[40:56.000 --> 41:05.000]  Now, you mentioned adverse possession. Adverse possession is a right in law. That's why they issue a criminal trespass warning.
[41:05.000 --> 41:09.000]  Because you have a right to enter a vacant property.
[41:09.000 --> 41:13.000]  You have a right to squat on a vacant property.
[41:13.000 --> 41:30.000]  And you're holding it in an adverse possession. So long as the person who owns it has not ordered you to leave the property, but also has not authorized you to stay on the property, you're holding it in adverse possession.
[41:30.000 --> 41:34.000]  And that's a legal position.
[41:34.000 --> 41:48.000]  And once the owner of the property raises an issue, then you're given a trespass warning. And that negates your position of adverse possession.
[41:48.000 --> 41:54.000]  So this guy wants to play fast and loose with law.
[41:54.000 --> 41:57.000]  You ought to help him out.
[41:57.000 --> 42:07.000]  Have you secured the affidavit in support of the warrant?
[42:07.000 --> 42:11.000]  I'm not sure what you mean when you say that.
[42:11.000 --> 42:39.000]  Okay. In order for a warrant to be issued, an officer had to go to some magistrate and file a criminal complaint with some magistrate. And either the complaint itself must contain a statement of fact sufficient to give the magistrate probable cause to believe that a crime had been committed and that you had committed that crime.
[42:39.000 --> 42:46.000]  Or there had to be a verified affidavit attached to that complaint that contained that information.
[42:46.000 --> 42:52.000]  Oftentimes it is a police report that they will attach as an affidavit.
[42:52.000 --> 43:09.000]  Go to the magistrate who issued the warrant. The magistrate who issued the warrant is required to make the warrant available for inspection immediately after it is executed.
[43:09.000 --> 43:14.000]  You want to see the warrant and you want to know, you want to see, you got a pen? Write this down.
[43:14.000 --> 43:16.000]  Yes, sir.
[43:16.000 --> 43:26.000]  You want to see the order issued under 16.17 Texas Code of Criminal Procedure.
[43:26.000 --> 43:34.000]  You want to, you want to see all of these from the county clerk and from the clerk of the court.
[43:34.000 --> 43:39.000]  Let me back up and explain a bit how this is supposed to work.
[43:39.000 --> 43:51.000]  Any magistrate can take any complaint, felony or misdemeanor, and hold an examining trial for the purpose of determining probable cause.
[43:51.000 --> 43:56.000]  And we'll get to that when we come back on the other side. This is Randy Kelton, Deborah Stevens.
[43:56.000 --> 44:02.000]  We have our radio. We'll be right back.
[44:02.000 --> 44:12.000]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas.
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[44:30.000 --> 44:43.000]  Call 512-264-4043 or find us online at naturespureorganics.com. That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 45:01.000]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.000 --> 46:31.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Anthony in Texas.
[46:31.000 --> 46:44.000]  Okay, from your initial presentation, I gather a lack of familiarity with due process.
[46:44.000 --> 46:50.000]  So I'm going to back up and kind of give you some basics.
[46:50.000 --> 46:58.000]  In order for a policeman to make an arrest, he has to go to a magistrate and secure a warrant.
[46:58.000 --> 47:13.000]  And the magistrate, in order to issue a warrant, must hold an examining trial under 2.11 Code of Criminal Procedure.
[47:13.000 --> 47:21.000]  When a magistrate sets for the purpose of examining into a criminal accusation, that is an examining court.
[47:21.000 --> 47:27.000]  An examining court is governed by Chapter 16 Code of Criminal Procedure.
[47:27.000 --> 47:30.000]  It tells all the things they're supposed to do.
[47:30.000 --> 47:45.000]  If the magistrate finds probable cause, the magistrate is to issue an order under 16.17 Code of Criminal Procedure, stating whether the person was,
[47:45.000 --> 47:53.000]  whether he found probable cause, did not find probable cause, the person was released on bail, remanded to the court, whatever occurred.
[47:53.000 --> 48:02.000]  And he's also to issue a warrant under 16.20 Code of Criminal Procedure.
[48:02.000 --> 48:13.000]  And then under 17.30, the magistrate is required to seal all documents had in the hearing,
[48:13.000 --> 48:22.000]  cause his name to be written across the seal of the envelope, and forward it to the clerk of the court of jurisdiction.
[48:22.000 --> 48:29.000]  So you go to the magistrate and ask for the warrant.
[48:29.000 --> 48:37.000]  You want to see the warrant. Now he has to keep a copy, but he can't keep the original.
[48:37.000 --> 48:44.000]  He's required to put the original in an envelope and send it to the clerk of the court of jurisdiction.
[48:44.000 --> 48:49.000]  But they never do that.
[48:49.000 --> 48:54.000]  What they do is they send it to the prosecuting attorney.
[48:54.000 --> 48:58.000]  Now, you mentioned indictment.
[48:58.000 --> 49:04.000]  Now, if, was there, what were you charged with?
[49:04.000 --> 49:08.000]  Burglary to a habitat.
[49:08.000 --> 49:13.000]  Holy crappioli.
[49:13.000 --> 49:15.000]  Burglary of a habitat.
[49:15.000 --> 49:20.000]  That's a felony.
[49:20.000 --> 49:23.000]  That's serious business.
[49:23.000 --> 49:26.000]  Okay, then there was an indictment.
[49:26.000 --> 49:27.000]  Right.
[49:27.000 --> 49:30.000]  If there's a misdemeanor, there's no indictment.
[49:30.000 --> 49:34.000]  Well, what they're doing is they're trying to punish you.
[49:34.000 --> 49:42.000]  And they charge you with a felony and they will push and prod and gouge
[49:42.000 --> 49:48.000]  and let you plead down to a misdemeanor and charge you a whole bunch of money
[49:48.000 --> 49:50.000]  and push you on probation until you get old.
[49:50.000 --> 49:52.000]  So you pay the county a whole bunch of money.
[49:52.000 --> 49:56.000]  This is what they plan to do.
[49:56.000 --> 50:10.000]  Go to the district court and ask to see the original complaint that they received from the magistrate.
[50:10.000 --> 50:16.000]  What I do is on my website, jurisimprudence.com, which is probably crashed right now
[50:16.000 --> 50:22.000]  because I've got some malware on my server that I'm trying to get off of there.
[50:22.000 --> 50:26.000]  But if you can't get into the website, just send me an email.
[50:26.000 --> 50:30.000]  Randy at ruleoflawradio.com.
[50:30.000 --> 50:35.000]  Dave can give you the email and ask me for this request.
[50:35.000 --> 50:51.000]  This is a information request and it requests all records the clerk holds concerning any case with your name on it.
[50:51.000 --> 51:04.000]  You put in all records concerning case so-and-so that are specifically referenced by Article 1730 Code of Criminal Procedure.
[51:04.000 --> 51:09.000]  Article 1730 is the one that requires that all the documents be sent to the clerk of the court.
[51:09.000 --> 51:11.000]  Well, they never do that.
[51:11.000 --> 51:17.000]  What you're not going to find in there as a rule is the criminal complaint.
[51:17.000 --> 51:24.000]  If you're in Travis County, you will because they actually send everything to the clerk.
[51:24.000 --> 51:27.000]  But in Tarrant County, you won't.
[51:27.000 --> 51:32.000]  When there's no complaint in the record, don't raise the issue at that point.
[51:32.000 --> 51:45.000]  Actually, this being a felony and they're charging you with burglary of a habitat, there's more going on here.
[51:45.000 --> 51:52.000]  They have information they're not that you don't know about or they wouldn't have charged you with burglary of a habitat.
[51:52.000 --> 51:59.000]  At the time, they only gave you a criminal trespass warning.
[51:59.000 --> 52:02.000]  That meant bear with me.
[52:02.000 --> 52:06.000]  I'm thinking here as I'm walking down the code.
[52:06.000 --> 52:11.000]  They gave you a criminal trespass warning.
[52:11.000 --> 52:18.000]  That meant at the time, there was no accusation of theft.
[52:18.000 --> 52:27.000]  So the people who owned the property did not claim that anything was missing from the property.
[52:27.000 --> 52:39.000]  At the time, they did, which was just, again, nothing was in there but trash.
[52:39.000 --> 52:46.000]  Also, let me say in the story that when my wife got me out on the bond, the bail's bonds,
[52:46.000 --> 52:56.000]  and said I had a court day on September 4th, I was never subpoenaed or I didn't know anything about it.
[52:56.000 --> 52:58.000]  No mail, no anything.
[52:58.000 --> 53:01.000]  When were you arrested?
[53:01.000 --> 53:06.000]  Today is the 19th or the 17th.
[53:06.000 --> 53:09.000]  Seventeenth. You couldn't have a court date.
[53:09.000 --> 53:12.000]  They can't set a court date.
[53:12.000 --> 53:20.000]  If there was an indictment, there can be no record of the indictment in the minutes of the court until you've been arrested.
[53:20.000 --> 53:25.000]  So there can't be a court date because the court doesn't have subject matter jurisdiction yet.
[53:25.000 --> 53:31.000]  According to what's on when he looked it up, he said I was supposed to be in court on September 4th.
[53:31.000 --> 53:32.000]  I know you don't care.
[53:32.000 --> 53:33.000]  Well, okay.
[53:33.000 --> 53:35.000]  They don't follow any of the rules.
[53:35.000 --> 53:39.000]  If you're going to beat them, you have to take them apart on the rules.
[53:39.000 --> 53:44.000]  Now, were you listening earlier to the first segments?
[53:44.000 --> 53:50.000]  Yeah, when you were talking about the attorneys and the flyers, you know, your players.
[53:50.000 --> 53:57.000]  This is especially important when it's a criminal issue.
[53:57.000 --> 54:02.000]  Your lawyer is going to feed you to the court.
[54:02.000 --> 54:11.000]  He is not going to do anything to annoy that judge because that judge will screw his next client to get back at him if he does.
[54:11.000 --> 54:20.000]  So you hope that he didn't P.O. the judge with his last client because the judge is going to want to screw you to get back at you and get back at the lawyer.
[54:20.000 --> 54:22.000]  He'll screw you to do it.
[54:22.000 --> 54:25.000]  They don't care.
[54:25.000 --> 54:33.000]  You can be certain that they already know what they intend to accomplish.
[54:33.000 --> 54:40.000]  They already know what deal they're going to get you to take.
[54:40.000 --> 54:48.000]  The only way you beat it, and it's difficult because these guys do not care if you're guilty or innocent.
[54:48.000 --> 54:52.000]  They just don't care.
[54:52.000 --> 54:55.000]  All they want is a deal.
[54:55.000 --> 55:01.000]  So the only way you're going to get out of this is to fight them like a tiger.
[55:01.000 --> 55:04.000]  And if you're to beat this one, you're going to have to go to work.
[55:04.000 --> 55:12.000]  You're going to have to do some research because your lawyer is not going to be on your side.
[55:12.000 --> 55:21.000]  If you pay a lawyer, it'll be better than having a court appointed lawyer, but not a whole lot better.
[55:21.000 --> 55:28.000]  He's going to charge you a whole lot of money, and he's still going to feed you to the wolves.
[55:28.000 --> 55:35.000]  And there's too much to go through on this show.
[55:35.000 --> 55:37.000]  There's too many questions I'd have to ask.
[55:37.000 --> 55:41.000]  This would take a couple of hours to get through all of this.
[55:41.000 --> 55:51.000]  Will you write up a timeline of what all happened and in what order?
[55:51.000 --> 56:00.000]  The fact that it took a year for them to bring this indictment tells me, and it's going to tell the jury,
[56:00.000 --> 56:04.000]  that this is an act of retaliation.
[56:04.000 --> 56:08.000]  They have some other reason.
[56:08.000 --> 56:20.000]  You might want to, first we have to see the incident report and whatever evidence they have.
[56:20.000 --> 56:26.000]  You need to put in a request for all the evidence that the prosecutor has against you.
[56:26.000 --> 56:34.000]  One of the first things that you will want to do is challenge the indictment.
[56:34.000 --> 56:41.000]  You're going to want to get a list of all of the grand jury members.
[56:41.000 --> 56:48.000]  That they're not going to like, but you have a right to challenge the pool.
[56:48.000 --> 56:53.000]  If you're going to beat these guys, you've got to do stuff they don't like.
[56:53.000 --> 56:57.000]  So there's a lot to do and way too much to address.
[56:57.000 --> 57:05.000]  I can address more specific points, but this is way too general to address here on this show.
[57:05.000 --> 57:07.000]  We do a four-hour show tomorrow night.
[57:07.000 --> 57:11.000]  We'll have a lot more time, but even before I can do that, I need a timeline.
[57:11.000 --> 57:13.000]  I need everything that's happened.
[57:13.000 --> 57:22.000]  I need you to go down to the courthouse and find out who the magistrate was who issued the warrant
[57:22.000 --> 57:26.000]  and go ask to see the warrant.
[57:26.000 --> 57:30.000]  We need to talk tomorrow night before you do that.
[57:30.000 --> 57:31.000]  We need to tell you how to do it.
[57:31.000 --> 57:33.000]  You need to listen to the show for a while.
[57:33.000 --> 57:36.000]  We explain how to do these things.
[57:36.000 --> 57:41.000]  I'm struggling here trying to figure out the best thing to tell you.
[57:41.000 --> 57:44.000]  And there's just not an easy answer.
[57:44.000 --> 57:48.000]  Since this is a felony, it's a big deal.
[57:48.000 --> 57:50.000]  And we need to know more about what's going on.
[57:50.000 --> 57:54.000]  You especially need to know more about this detective.
[57:54.000 --> 58:00.000]  If he's got himself an attitude, we'll see if we can't get it adjusted for you.
[58:00.000 --> 58:06.000]  But give me a timeline and talk to Dave.
[58:06.000 --> 58:10.000]  We can probably get a time off the show when we can sit out and talk.
[58:10.000 --> 58:14.000]  Or you can call me and I can go over it in more detail.
[58:14.000 --> 58:19.000]  But the first thing I need is a timeline of everything that's happened so far.
[58:19.000 --> 58:20.000]  Okay?
[58:20.000 --> 58:21.000]  Okay.
[58:21.000 --> 58:26.000]  Yeah, I'm sorry I don't have a quick answer for you, but I will have some answers.
[58:26.000 --> 58:33.000]  And as you come up to speed, we'll bring you back on and talk about what to do.
[58:33.000 --> 58:35.000]  Okay, we are about to go to break.
[58:35.000 --> 58:38.000]  This is Randy Kelton, Denver Stevens, Rule of Law Radio.
[58:38.000 --> 58:42.000]  I call at number 512-646-1984.
[58:42.000 --> 58:43.000]  Give us a call.
[58:43.000 --> 58:45.000]  We'll be taking your calls all night.
[58:45.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:53.000]  The Bible remains the most popular book in the world,
[58:53.000 --> 58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:01.000]  Some new translations try to help by simplifying the text,
[59:01.000 --> 59:06.000]  but in the process can compromise the profound meaning of the Scripture.
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[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:05.000]  You're listening to the Liberty Beat,
[01:00:05.000 --> 01:00:15.000]  your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:15.000 --> 01:00:16.000]  This is Justin Armand.
[01:00:16.000 --> 01:00:18.000]  And this is Jessica Armand.
[01:00:18.000 --> 01:00:23.000]  Here with your Liberty Beat for Thursday, September 19, 2013.
[01:00:23.000 --> 01:00:35.000]  Gold opened today at $1,363, silver at $22.97, and Bitcoin is trading at $126.34.
[01:00:35.000 --> 01:00:43.000]  Support for the Liberty Beat comes from the first annual education conference being held on October 12 in Austin, Texas.
[01:00:43.000 --> 01:00:47.000]  If you are a parent, this is an event you do not want to miss.
[01:00:47.000 --> 01:00:50.000]  Register today at parentsforliberty.org.
[01:00:50.000 --> 01:00:52.000]  And now the news.
[01:00:52.000 --> 01:00:59.000]  A Pennsylvania high school student is suspended for 10 days for accidentally bringing a pocket knife to a high school football game.
[01:00:59.000 --> 01:01:08.000]  According to KDKATV, the punishment was issued after the 16-year-old realized his mistake and turned the knife over to a security guard.
[01:01:08.000 --> 01:01:13.000]  His father, David Schaffner, confirms that his son had been using the knife in the woods behind their home
[01:01:13.000 --> 01:01:23.000]  and tells the television station he feels the suspension sends a terrible message, encouraging young people to lie.
[01:01:23.000 --> 01:01:29.000]  A federal audit finds that bad recordkeeping has led to a significant overstating of terrorism charges.
[01:01:29.000 --> 01:01:35.000]  The audit, conducted by the Justice Department's Inspector General, found that the Executive Office for U.S. Attorneys
[01:01:35.000 --> 01:01:41.000]  has inflated the number of terrorism-related defendants found guilty in 2009 by 13 percent.
[01:01:41.000 --> 01:01:45.000]  The audit shows inflated numbers of 26 percent in 2010.
[01:01:45.000 --> 01:01:56.000]  The report is a follow-up to a 2007 audit that discovered the department's inaccuracies in reporting terrorism-related statistics.
[01:01:56.000 --> 01:02:01.000]  According to a report by the Texas Observer, over the past six years,
[01:02:01.000 --> 01:02:10.000]  the Houston Police Department was reported for the use of force on civilians 588 times and all but four of those complaints were dismissed.
[01:02:10.000 --> 01:02:20.000]  The eight-month-long investigation also found that from 2007 to 2012 HPD officers were involved in 550 incidences
[01:02:20.000 --> 01:02:26.000]  in which either a citizen or an animal was injured or killed by a police officer's bullet.
[01:02:26.000 --> 01:02:35.000]  Houston police officers reported other cops 118 times for excessive force, but only 11 were disciplined by eternal affairs.
[01:02:35.000 --> 01:02:41.000]  Only 15 incidences were sustained over the past six years and of the 15 sustained complaints,
[01:02:41.000 --> 01:02:50.000]  10 were videotaped, leading some to believe that HPD is attempting to prevent citizens from recording their actions.
[01:02:50.000 --> 01:03:05.000]  You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[01:03:20.000 --> 01:03:44.000]  Okay, we are back. Randy Kelton, David Stevens, Rue La Radio, and we're going to Nick in North Carolina.
[01:03:44.000 --> 01:03:46.000]  Hello, Nick.
[01:03:46.000 --> 01:03:49.000]  Hi, Randy.
[01:03:49.000 --> 01:03:51.000]  What do you have for us tonight?
[01:03:51.000 --> 01:03:58.000]  Well, I was going to ask you some questions about some judicial conduct complaints and maybe a little strategy, if you don't mind.
[01:03:58.000 --> 01:04:11.000]  I was in district court over a traffic infraction today and I was following Eddie's advice and it really stumped the judge.
[01:04:11.000 --> 01:04:18.000]  I asked her what the nature of the alleged charge was and she replied with this,
[01:04:18.000 --> 01:04:22.000]  apparently you were driving a vehicle on a restricted route.
[01:04:22.000 --> 01:04:24.000]  That was her answer.
[01:04:24.000 --> 01:04:31.000]  And I thought to myself, well, that sounds like a determination of guilt before we ever get going.
[01:04:31.000 --> 01:04:37.000]  And I asked her again what the nature of the alleged charge was and she said, well, it's an infraction.
[01:04:37.000 --> 01:04:41.000]  And I said, is that civil or criminal, ma'am?
[01:04:41.000 --> 01:04:45.000]  And then she said, well, it's traffic.
[01:04:45.000 --> 01:04:48.000]  So hard to enter a plea with that.
[01:04:48.000 --> 01:04:53.000]  So we continued and the court did what it did, found me guilty and now I've got to appeal it.
[01:04:53.000 --> 01:05:02.000]  But don't I have at least two judicial conduct complaints off of that alone?
[01:05:02.000 --> 01:05:20.000]  Not that I know of. I don't know that the judge has a specific duty to answer any of your questions.
[01:05:20.000 --> 01:05:23.000]  Okay.
[01:05:23.000 --> 01:05:32.000]  Now, if the judge does something that's inappropriate, you can file a grievance.
[01:05:32.000 --> 01:05:40.000]  But I'm trying to think of what I would grieve her for, for not answering your question.
[01:05:40.000 --> 01:05:47.000]  Now, you can hold someone responsible for failure to perform a duty they're required to perform.
[01:05:47.000 --> 01:05:59.000]  And when you asked the question, I was thinking, okay, what gives the judge a duty to answer that question?
[01:05:59.000 --> 01:06:06.000]  Did you file a motion like a challenge to subject matter jurisdiction?
[01:06:06.000 --> 01:06:08.000]  No, I didn't.
[01:06:08.000 --> 01:06:12.000]  They called me up and she said, how do you plead?
[01:06:12.000 --> 01:06:17.000]  And I followed Eddie's instruction and I said, what's the nature of this alleged charge?
[01:06:17.000 --> 01:06:19.000]  And she started off with all that.
[01:06:19.000 --> 01:06:24.000]  Apparently, you were driving a vehicle on a restricted route.
[01:06:24.000 --> 01:06:28.000]  And I thought to myself, woman, that sounds like a determination of guilt.
[01:06:28.000 --> 01:06:35.000]  Okay, that does. She didn't say you were accused.
[01:06:35.000 --> 01:06:42.000]  She said apparently you were and that has the sound of a predetermination.
[01:06:42.000 --> 01:06:46.000]  And that should definitely get a judicial conduct complaint.
[01:06:46.000 --> 01:06:52.000]  Well, that's what I thought, but I wanted to run that by you.
[01:06:52.000 --> 01:06:57.000]  She was being technical in her smart mouth answer.
[01:06:57.000 --> 01:07:03.000]  So you'd be just as technical in your judicial conduct complaint.
[01:07:03.000 --> 01:07:13.000]  That she stated as a fact that I had performed some action that was criminal in its nature.
[01:07:13.000 --> 01:07:21.000]  She did not say that I was accused of it, but she indicated a predetermination.
[01:07:21.000 --> 01:07:29.000]  And you have a right to a fair and honest jurist in the first instance.
[01:07:29.000 --> 01:07:39.000]  These lower court judges, it's really good to sting them because the lower court judges believe
[01:07:39.000 --> 01:07:47.000]  that the judicial conduct commissions use these lower court judges as cannon fodder
[01:07:47.000 --> 01:07:54.000]  and hammer them and then never act against higher level judges.
[01:07:54.000 --> 01:07:59.000]  And they're right. They're right. They do just exactly that.
[01:07:59.000 --> 01:08:02.000]  So that's great. We take advantage of that.
[01:08:02.000 --> 01:08:07.000]  So that would get you a judicial conduct complaint.
[01:08:07.000 --> 01:08:20.000]  But the other part about the nature of the cause, the nature of the cause is,
[01:08:20.000 --> 01:08:27.000]  she states what the statute is, the courts are going to say that's sufficient
[01:08:27.000 --> 01:08:34.000]  because you are expected to know the law when you come in.
[01:08:34.000 --> 01:08:45.000]  And if you don't understand the statute, then under the screws doctrine, you're screwed.
[01:08:45.000 --> 01:08:50.000]  Because they expect you to know the law. I've had people argue this before
[01:08:50.000 --> 01:08:55.000]  and I had struggled to try to find a way to make sense of that.
[01:08:55.000 --> 01:09:00.000]  If you come in and ask for the nature of the cause and they read the statute
[01:09:00.000 --> 01:09:04.000]  that you're accused of, that's the nature of the cause.
[01:09:04.000 --> 01:09:09.000]  And then when they're asked if they understand the charges, they say no.
[01:09:09.000 --> 01:09:20.000]  And then the courts get all up in arms and upset and angry and probably with good cause.
[01:09:20.000 --> 01:09:29.000]  I like to take these guys on, but I like to take them on in a way they can't weasel out from under
[01:09:29.000 --> 01:09:36.000]  and can't use to make us look like we're just trying to jerk them around.
[01:09:36.000 --> 01:09:44.000]  So I would not complain about the second one. I would complain about the first one.
[01:09:44.000 --> 01:09:48.000]  Did you file a notice of intent to appeal?
[01:09:48.000 --> 01:09:53.000]  Oh yeah, I've got ten days on that. I'll have it done tomorrow.
[01:09:53.000 --> 01:09:59.000]  Good, good. Then you may get some more yet.
[01:09:59.000 --> 01:10:03.000]  You know, I generally prefer that people don't go down to the court
[01:10:03.000 --> 01:10:06.000]  and do everything by mail if you can.
[01:10:06.000 --> 01:10:13.000]  But did you file an affidavit of inability to pay?
[01:10:13.000 --> 01:10:16.000]  Oh no, no. No, I didn't do that.
[01:10:16.000 --> 01:10:21.000]  Okay, here's the deal on inability to pay.
[01:10:21.000 --> 01:10:27.000]  They call it a pauper's affidavit, but that's not exactly correct.
[01:10:27.000 --> 01:10:35.000]  An affidavit of inability to pay doesn't mean that it would be impossible for you to pay.
[01:10:35.000 --> 01:10:43.000]  It means that it would be an unreasonable imposition.
[01:10:43.000 --> 01:10:51.000]  So if it would cause you not to be able to get enough gas money to get to work,
[01:10:51.000 --> 01:10:55.000]  it only has to be an unreasonable imposition.
[01:10:55.000 --> 01:11:00.000]  If you don't have that much extra laying around, then ask for it.
[01:11:00.000 --> 01:11:06.000]  Ask for it anyway. It gives you more to bang them around with,
[01:11:06.000 --> 01:11:08.000]  because they'll deny it out of hand.
[01:11:08.000 --> 01:11:11.000]  And if you can get them to deny it and not follow all the steps,
[01:11:11.000 --> 01:11:17.000]  which they almost never do, then you get to hammer them on that.
[01:11:17.000 --> 01:11:19.000]  Read the code.
[01:11:19.000 --> 01:11:26.000]  You're in North Carolina? Yeah, I think it's General Statutes 14, Section 14.
[01:11:26.000 --> 01:11:29.000]  I think it's 12, 13, 14, I believe.
[01:11:29.000 --> 01:11:30.000]  14.
[01:11:30.000 --> 01:11:34.000]  Right in there is the Code of Criminal Procedure and Penal Code.
[01:11:34.000 --> 01:11:38.000]  Read your Criminal Procedure Code.
[01:11:38.000 --> 01:11:41.000]  What part of North Carolina are you in?
[01:11:41.000 --> 01:11:43.000]  Are you near Asheville?
[01:11:43.000 --> 01:11:48.000]  No, I'm between Asheville and Greensboro.
[01:11:48.000 --> 01:11:54.000]  Oh, okay, because I've got Art Patton in Asheville.
[01:11:54.000 --> 01:11:57.000]  If you were close, you could take him to court with you.
[01:11:57.000 --> 01:12:04.000]  He would get both of you beaten into unconsciousness.
[01:12:04.000 --> 01:12:06.000]  Art has way too much fun with these guys.
[01:12:06.000 --> 01:12:09.000]  You might want to talk to Art.
[01:12:09.000 --> 01:12:15.000]  He is there in North Carolina, and he really beats them up.
[01:12:15.000 --> 01:12:26.000]  Just send me an email, Randy, at Rule of Law Radio, and I will send it to Art.
[01:12:26.000 --> 01:12:28.000]  I will do that.
[01:12:28.000 --> 01:12:30.000]  Art is absolutely a hoot.
[01:12:30.000 --> 01:12:35.000]  He called me one day, he went down to court, and the courtroom was full.
[01:12:35.000 --> 01:12:40.000]  People standing along the wall, sitting in the floor.
[01:12:40.000 --> 01:12:42.000]  He said it was just stuffed with people.
[01:12:42.000 --> 01:12:45.000]  I said, well, what did you do?
[01:12:45.000 --> 01:12:53.000]  I called the fire marshal, of course, and he evacuated the courtroom.
[01:12:53.000 --> 01:12:59.000]  Art is a lot of fun, but he is knowledgeable not only in North Carolina law,
[01:12:59.000 --> 01:13:05.000]  but also how it's adjudicated and how you can get at him.
[01:13:05.000 --> 01:13:08.000]  He can give you a lot better information than I can.
[01:13:08.000 --> 01:13:13.000]  I think I have one more reason to complain to her.
[01:13:13.000 --> 01:13:17.000]  I think I got her on an ex parte communication, Randy.
[01:13:17.000 --> 01:13:23.000]  The CA printed a map out on her printer and asked the judge if she could approach,
[01:13:23.000 --> 01:13:25.000]  and the judge said, come on up.
[01:13:25.000 --> 01:13:28.000]  So I got up to go up as well.
[01:13:28.000 --> 01:13:30.000]  Bayless told me to sit back down.
[01:13:30.000 --> 01:13:33.000]  They'd hand it to me later.
[01:13:33.000 --> 01:13:39.000]  I went up there and talked to the judge for a while, and then they handed me the map later.
[01:13:39.000 --> 01:13:42.000]  Absolutely.
[01:13:42.000 --> 01:13:44.000]  You should file a complaint against the bailiff.
[01:13:44.000 --> 01:13:47.000]  Was the bailiff wearing a pistol?
[01:13:47.000 --> 01:13:49.000]  Oh, yeah.
[01:13:49.000 --> 01:13:53.000]  Well, in Texas, that's first degree felony aggravated assault.
[01:13:53.000 --> 01:13:59.000]  Whenever a bailiff speaks to me, first thing I want to know,
[01:13:59.000 --> 01:14:05.000]  that pistol you're wearing, is it loaded?
[01:14:05.000 --> 01:14:07.000]  When you ask him that, you watch.
[01:14:07.000 --> 01:14:09.000]  You can see his eyes dilate.
[01:14:09.000 --> 01:14:15.000]  He's going to say, oops, that is not a question I expected.
[01:14:15.000 --> 01:14:17.000]  And generally, they'll say, yes, it is.
[01:14:17.000 --> 01:14:20.000]  Now, I ask him, you fixing to pull that on me?
[01:14:20.000 --> 01:14:23.000]  And if they say no, then I tell him, get lost.
[01:14:23.000 --> 01:14:26.000]  If I need you, I'll summon you.
[01:14:26.000 --> 01:14:32.000]  If they say yes, I call the judge and ask the judge to get this guy off of me
[01:14:32.000 --> 01:14:38.000]  and take my complaint against him for aggravated assault.
[01:14:38.000 --> 01:14:41.000]  They get real excited.
[01:14:41.000 --> 01:14:50.000]  Now, when you do that, you automatically become a member of a protected class.
[01:14:50.000 --> 01:14:59.000]  The protected class is the class of persons making criminal accusations.
[01:14:59.000 --> 01:15:05.000]  If the judge says one word to you or anyone says a word to you
[01:15:05.000 --> 01:15:11.000]  that you can in any way construe as threatening or intimidating,
[01:15:11.000 --> 01:15:15.000]  tampering with a witness, obstruction of justice,
[01:15:15.000 --> 01:15:20.000]  that gets real serious, real fast.
[01:15:20.000 --> 01:15:24.000]  And the judge will probably recognize that.
[01:15:24.000 --> 01:15:29.000]  Every time I do that, you can see that the judge is thinking,
[01:15:29.000 --> 01:15:33.000]  this guy is setting us up.
[01:15:33.000 --> 01:15:38.000]  In court, Fort Worth, I was waiting to bail a guy out.
[01:15:38.000 --> 01:15:39.000]  They had a little courtroom there.
[01:15:39.000 --> 01:15:40.000]  I went and sat down in it.
[01:15:40.000 --> 01:15:42.000]  Bailiff came over and said, who are you?
[01:15:42.000 --> 01:15:43.000]  I'm Randall Kelton.
[01:15:43.000 --> 01:15:45.000]  What's your business here?
[01:15:45.000 --> 01:15:46.000]  My business is none of yours.
[01:15:46.000 --> 01:15:48.000]  Beat it.
[01:15:48.000 --> 01:15:49.000]  He leans over the bar.
[01:15:49.000 --> 01:15:51.000]  I want to know what your business is here.
[01:15:51.000 --> 01:15:52.000]  And I stood up.
[01:15:52.000 --> 01:15:56.000]  Your Honor, Your Honor, the judge, he was having a hearing.
[01:15:56.000 --> 01:15:59.000]  He said, what, what, what's going on here?
[01:15:59.000 --> 01:16:03.000]  Your Honor, will you get this bulldog off of me?
[01:16:03.000 --> 01:16:06.000]  And the judge is astounded.
[01:16:06.000 --> 01:16:07.000]  What is going on here?
[01:16:07.000 --> 01:16:11.000]  Your Honor, this man won't tell me what his business here is today.
[01:16:11.000 --> 01:16:12.000]  The judge said, well, who are you?
[01:16:12.000 --> 01:16:15.000]  I said, I'm Randall Kelton.
[01:16:15.000 --> 01:16:19.000]  He said, do you mind if I ask what your business here is?
[01:16:19.000 --> 01:16:21.000]  He asked me if he could ask.
[01:16:21.000 --> 01:16:24.000]  I said, no, go ahead and ask.
[01:16:24.000 --> 01:16:25.000]  Okay.
[01:16:25.000 --> 01:16:27.000]  Mr. Kelton, what's your business here today?
[01:16:27.000 --> 01:16:29.000]  Oh, I'm here for entertainment.
[01:16:29.000 --> 01:16:32.000]  This is my form of entertainment.
[01:16:32.000 --> 01:16:35.000]  And the judge said, oh, okay.
[01:16:35.000 --> 01:16:38.000]  Bailiff, leave him alone.
[01:16:38.000 --> 01:16:41.000]  He knew trouble was coming.
[01:16:41.000 --> 01:16:43.000]  And you're not afraid of the bailiff.
[01:16:43.000 --> 01:16:45.000]  And you call the judge down on the bailiff.
[01:16:45.000 --> 01:16:47.000]  The judge knows that they got trouble coming.
[01:16:47.000 --> 01:16:48.000]  Hang on.
[01:16:48.000 --> 01:16:50.000]  We'll pick this up on the other side.
[01:16:50.000 --> 01:16:53.000]  This is Randy Kelton, David Stevens, Wheel of Law Radio.
[01:16:53.000 --> 01:16:57.000]  I call it number 512-646-1984.
[01:16:57.000 --> 01:17:00.000]  We'll be right back.
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[01:19:26.000 --> 01:19:28.000]  Okay, we are back.
[01:19:28.000 --> 01:19:30.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:19:30.000 --> 01:19:35.000]  And Nick, I wouldn't have brought this part up,
[01:19:35.000 --> 01:19:40.000]  but you sounded a bit more sophisticated than a lot of folks
[01:19:40.000 --> 01:19:43.000]  that you understood enough about how to,
[01:19:43.000 --> 01:19:50.000]  about going after the judge for a misconduct.
[01:19:50.000 --> 01:19:52.000]  These are, you know,
[01:19:52.000 --> 01:19:58.000]  these things of bailiffs interfering with the court.
[01:19:58.000 --> 01:20:00.000]  Man, when I'm in that court,
[01:20:00.000 --> 01:20:03.000]  that bailiff better keep his mouth shut.
[01:20:03.000 --> 01:20:08.000]  The only one I'm there to talk to is the judge.
[01:20:08.000 --> 01:20:12.000]  And if I can get the judge, get the bailiff to put his hand on me,
[01:20:12.000 --> 01:20:16.000]  I leave the courtroom immediately.
[01:20:16.000 --> 01:20:18.000]  I get up and walk out.
[01:20:18.000 --> 01:20:21.000]  And when I get out in the hall, I call 911.
[01:20:21.000 --> 01:20:27.000]  And I accuse the judge of having the bailiff assault me.
[01:20:27.000 --> 01:20:31.000]  And, oh, do they get excited.
[01:20:31.000 --> 01:20:36.000]  But, so, you know, if the bailiff wants to play hardball,
[01:20:36.000 --> 01:20:39.000]  we'll introduce him to hardball.
[01:20:39.000 --> 01:20:43.000]  I didn't catch that bailiff's name.
[01:20:43.000 --> 01:20:44.000]  Pardon me?
[01:20:44.000 --> 01:20:47.000]  I didn't catch that bailiff's name, though.
[01:20:47.000 --> 01:20:52.000]  Who cares? We make the judge give up the bailiff.
[01:20:52.000 --> 01:20:56.000]  We ask the judge who that bailiff was that assaulted him.
[01:20:56.000 --> 01:21:00.000]  And make the judge tell you.
[01:21:00.000 --> 01:21:02.000]  You know, they don't want to give me their name.
[01:21:02.000 --> 01:21:03.000]  Who cares?
[01:21:03.000 --> 01:21:06.000]  I once sued Denton County.
[01:21:06.000 --> 01:21:09.000]  I sued Denton County for $11 million.
[01:21:09.000 --> 01:21:11.000]  I sued 24 litigants.
[01:21:11.000 --> 01:21:19.000]  The 12th litigant was my worst nightmare.
[01:21:19.000 --> 01:21:24.000]  Smart mouthed me at the jail while I was waiting to get some information.
[01:21:24.000 --> 01:21:27.000]  Heck, they sent a whole group of guys out to accost me.
[01:21:27.000 --> 01:21:30.000]  And one of them was particularly belligerent.
[01:21:30.000 --> 01:21:32.000]  And I asked him what his name was.
[01:21:32.000 --> 01:21:38.000]  And he said, I'm your worst nightmare.
[01:21:38.000 --> 01:21:42.000]  And I said, now wait a minute, wait a minute.
[01:21:42.000 --> 01:21:45.000]  That didn't come off very well.
[01:21:45.000 --> 01:21:50.000]  What you really need to do is get you a band and tied around your forehead
[01:21:50.000 --> 01:21:58.000]  and kind of drop your lip down and say, I'm your worst nightmare.
[01:21:58.000 --> 01:22:00.000]  And I'm kind of chuckling.
[01:22:00.000 --> 01:22:02.000]  And he's trying to play bad guy.
[01:22:02.000 --> 01:22:05.000]  And these other guys are trying to get him to leave.
[01:22:05.000 --> 01:22:09.000]  And they pull him back and say, just go on and we'll handle this.
[01:22:09.000 --> 01:22:13.000]  I'm your worst nightmare.
[01:22:13.000 --> 01:22:16.000]  So I asked these guys who he was.
[01:22:16.000 --> 01:22:18.000]  They didn't know.
[01:22:18.000 --> 01:22:19.000]  Oh, you don't know.
[01:22:19.000 --> 01:22:25.000]  You have a guy running around here with a loaded pistol threatening people.
[01:22:25.000 --> 01:22:27.000]  And you don't know who he is.
[01:22:27.000 --> 01:22:28.000]  I went to the sheriff.
[01:22:28.000 --> 01:22:30.000]  I went to everybody.
[01:22:30.000 --> 01:22:35.000]  I just made an absolute nuisance of myself.
[01:22:35.000 --> 01:22:39.000]  And nobody would give him up.
[01:22:39.000 --> 01:22:44.000]  So when I filed a suit, I sued my worst nightmare.
[01:22:44.000 --> 01:22:50.000]  And I read the minutes of the county court when the county commissioner appointed
[01:22:50.000 --> 01:22:57.000]  the district attorney to represent my, to defend the county against my suit.
[01:22:57.000 --> 01:23:02.000]  And the commissioner, in the minutes, it said the commissioner asked the lawyer,
[01:23:02.000 --> 01:23:07.000]  who is this my worst nightmare?
[01:23:07.000 --> 01:23:12.000]  And the lawyer told him, apparently someone introduced himself to Mr.
[01:23:12.000 --> 01:23:15.000]  Kelton as his worst nightmare.
[01:23:15.000 --> 01:23:21.000]  And the county commissioner, the judge of the commissioner's court said, yes.
[01:23:21.000 --> 01:23:25.000]  And I have a bone to pick with him.
[01:23:25.000 --> 01:23:30.000]  So let them go ahead and do something really stupid.
[01:23:30.000 --> 01:23:39.000]  I like stupid because you can always take stupid and cram it down their throats.
[01:23:39.000 --> 01:23:44.000]  If I ask somebody their name and they don't give me their name, I'm thinking, oh,
[01:23:44.000 --> 01:23:51.000]  goody, goody, goody, this is going to be fun because if the individual won't give
[01:23:51.000 --> 01:23:56.000]  you your name and you go ask somebody else for the name, Debra will remember
[01:23:56.000 --> 01:24:04.000]  this one, where we were at Williamson County and I had prepared for this woman
[01:24:04.000 --> 01:24:06.000]  a red habeas corpus.
[01:24:06.000 --> 01:24:14.000]  And she tried to get someone in the jail to verify the document when she signed
[01:24:14.000 --> 01:24:15.000]  it.
[01:24:15.000 --> 01:24:19.000]  And they had a guy that did that, but he refused to verify this document.
[01:24:19.000 --> 01:24:22.000]  So we all went down there with a camera crew.
[01:24:22.000 --> 01:24:24.000]  We put on a big production.
[01:24:24.000 --> 01:24:30.000]  We did a fake interview in front of the jail.
[01:24:30.000 --> 01:24:34.000]  The jailers come out, oh, you can't tape inside the jail.
[01:24:34.000 --> 01:24:35.000]  I said, that's okay.
[01:24:35.000 --> 01:24:37.000]  We're just going to do this out front.
[01:24:37.000 --> 01:24:40.000]  This is just a pre-interview.
[01:24:40.000 --> 01:24:50.000]  I'm grailing about how the...
[01:24:50.000 --> 01:24:54.000]  Randy, are you there?
[01:24:54.000 --> 01:24:55.000]  All right.
[01:24:55.000 --> 01:24:56.000]  I think we lost him on Skype.
[01:24:56.000 --> 01:25:00.000]  Let me try to get him back.
[01:25:00.000 --> 01:25:06.000]  Yeah, I'm trying to remember the rest of the story, but yeah, they didn't want to
[01:25:06.000 --> 01:25:10.000]  tell us anything about who the people were.
[01:25:10.000 --> 01:25:15.000]  But eventually they got named in a criminal complaint, and I believe they had
[01:25:15.000 --> 01:25:20.000]  to give up the name.
[01:25:20.000 --> 01:25:26.000]  But the point that I think Randy was trying to make is that, you know, it's like,
[01:25:26.000 --> 01:25:32.000]  oh, okay, you guys want to protect each other and hide the identity?
[01:25:32.000 --> 01:25:36.000]  Well, okay, that's fine.
[01:25:36.000 --> 01:25:43.000]  We get to do this the fun way, because if they don't tell you the name, well,
[01:25:43.000 --> 01:25:48.000]  then there's all kinds of ways to find out who it is.
[01:25:48.000 --> 01:25:53.000]  You can find out through discovery when you sue them, and, you know,
[01:25:53.000 --> 01:25:58.000]  you can sue an unknown individual, unknown perpetrator.
[01:25:58.000 --> 01:26:01.000]  This happens all the time, and then you find out through discovery.
[01:26:01.000 --> 01:26:07.000]  And if it ends up that they have to go through discovery and hire attorneys,
[01:26:07.000 --> 01:26:13.000]  then it's going to cost them a lot of money, and, you know, it ends up being,
[01:26:13.000 --> 01:26:16.000]  like I said, that's the fun way.
[01:26:16.000 --> 01:26:17.000]  I think we may have Randy back.
[01:26:17.000 --> 01:26:18.000]  Randy, do we have you back?
[01:26:18.000 --> 01:26:19.000]  Yeah.
[01:26:19.000 --> 01:26:20.000]  Okay.
[01:26:20.000 --> 01:26:26.000]  I couldn't quite remember the end of the story, but I think at one point we
[01:26:26.000 --> 01:26:30.000]  filed criminal complaints against an unknown perpetrator, and I was telling him
[01:26:30.000 --> 01:26:34.000]  the other way to find out who it is is you sue them like what you were talking
[01:26:34.000 --> 01:26:35.000]  about.
[01:26:35.000 --> 01:26:36.000]  You can sue unknown perpetrators.
[01:26:36.000 --> 01:26:38.000]  So, okay, go ahead, Randy.
[01:26:38.000 --> 01:26:42.000]  Well, the fun part was when you came over to me after I had just crawled down
[01:26:42.000 --> 01:26:48.000]  this captain's throat, and you said, well, she said she'll get to it as soon
[01:26:48.000 --> 01:26:54.000]  as she gets done with this phone call, and I said, Deborah, I know who it is.
[01:26:54.000 --> 01:26:57.000]  And you looked at me like, you SOB.
[01:26:57.000 --> 01:26:58.000]  Yeah, I knew who it was.
[01:26:58.000 --> 01:27:02.000]  You never ask these guys a question that you don't already know the answer to.
[01:27:02.000 --> 01:27:06.000]  What I was trying to do in front of all of these people...
[01:27:06.000 --> 01:27:09.000]  Well, I wasn't saying, I wasn't looking at you like you SOB.
[01:27:09.000 --> 01:27:10.000]  I'm starting to remember now.
[01:27:10.000 --> 01:27:12.000]  I was looking at you like, ha, ha, ha.
[01:27:12.000 --> 01:27:13.000]  This is great.
[01:27:13.000 --> 01:27:15.000]  We're setting them up again.
[01:27:15.000 --> 01:27:16.000]  Yeah, that's what I mean.
[01:27:16.000 --> 01:27:17.000]  Like, you're being an SOB.
[01:27:17.000 --> 01:27:21.000]  Yeah, you were liking that.
[01:27:21.000 --> 01:27:29.000]  And I'm trying to force this captain to give this guy up in front of everybody.
[01:27:29.000 --> 01:27:32.000]  And she's doing this song and dance trying to keep from it.
[01:27:32.000 --> 01:27:35.000]  She never did give him up.
[01:27:35.000 --> 01:27:39.000]  And we just danced around, oh, we had a great time.
[01:27:39.000 --> 01:27:42.000]  It was absolutely a hoot.
[01:27:42.000 --> 01:27:48.000]  But the point is, if you can get them to do something stupid, then, you know,
[01:27:48.000 --> 01:27:52.000]  they feel problems start coming at them.
[01:27:52.000 --> 01:27:57.000]  When we did the interview, they had a double set of doors and it was kind of cold outside.
[01:27:57.000 --> 01:27:59.000]  So we got in between the doors.
[01:27:59.000 --> 01:28:04.000]  That's when this deputy came over and said we couldn't film inside the jail.
[01:28:04.000 --> 01:28:05.000]  And we told him, that's okay.
[01:28:05.000 --> 01:28:07.000]  We're just in here because it's too cold out there.
[01:28:07.000 --> 01:28:10.000]  And this is just a pre-interview.
[01:28:10.000 --> 01:28:12.000]  And I'm railing on these guys.
[01:28:12.000 --> 01:28:14.000]  And the guy was standing there.
[01:28:14.000 --> 01:28:16.000]  And when he got close, the doors opened.
[01:28:16.000 --> 01:28:19.000]  He didn't come into the section where we were at.
[01:28:19.000 --> 01:28:22.000]  But he's standing there and the doors stayed open.
[01:28:22.000 --> 01:28:26.000]  And I flicked my fingers at him, back up, back up.
[01:28:26.000 --> 01:28:29.000]  And he looked at me like I had slapped him.
[01:28:29.000 --> 01:28:35.000]  And just like he was in a daze, he took two steps back and let the doors close.
[01:28:35.000 --> 01:28:40.000]  And we went back to waving the mic around and, oh, we just had a great time.
[01:28:40.000 --> 01:28:41.000]  That's right.
[01:28:41.000 --> 01:28:42.000]  I remember now.
[01:28:42.000 --> 01:28:47.000]  We were in that area, you know, because the wind was blowing.
[01:28:47.000 --> 01:28:48.000]  It was in the middle of winter.
[01:28:48.000 --> 01:28:50.000]  And it was, you know, like raining.
[01:28:50.000 --> 01:28:53.000]  And it was very, very windy and very cold.
[01:28:53.000 --> 01:28:59.000]  And because we were in that area right close to the door, like that interim area, every time,
[01:28:59.000 --> 01:29:05.000]  if I would move just slightly one way or the other, the doors would fling open.
[01:29:05.000 --> 01:29:08.000]  And those doors just kept opening and closing.
[01:29:08.000 --> 01:29:13.000]  And finally, I realized where the laser beam was, you know, the infrared beam to the detector.
[01:29:13.000 --> 01:29:18.000]  And so I would, every time the door would close, I would move my elbow and make them open again.
[01:29:18.000 --> 01:29:20.000]  They just kept opening and closing, opening and closing.
[01:29:20.000 --> 01:29:25.000]  And those people inside were just furrowing their brows and wringing their hands.
[01:29:25.000 --> 01:29:28.000]  And finally, I think they let us, if I'm remembering correctly,
[01:29:28.000 --> 01:29:34.000]  finally they let us come inside to finish the interview because they couldn't stand the doors just opening, closing, opening, closing.
[01:29:34.000 --> 01:29:36.000]  It was such a distraction.
[01:29:36.000 --> 01:29:38.000]  It was just such a madhouse.
[01:29:38.000 --> 01:29:41.000]  They finally said, just come in and finish the interview because they were getting cold.
[01:29:41.000 --> 01:29:42.000]  They were tired of it.
[01:29:42.000 --> 01:29:44.000]  It was hilarious.
[01:29:44.000 --> 01:29:48.000]  Oh, that was a great quote.
[01:29:48.000 --> 01:29:49.000]  Okay, hang on.
[01:29:49.000 --> 01:29:53.000]  This is Randy Kelton, Deborah Stevens, Rule of Raw Radio.
[01:29:53.000 --> 01:29:57.000]  I call it number 512-646-1984.
[01:29:57.000 --> 01:30:01.000]  We'll be right back.
[01:30:01.000 --> 01:30:03.000]  Move over beef, lamb, and pork.
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[01:30:46.000 --> 01:30:52.000]  Goat meat, it's fall off the fork tender and buttery when it's properly marinated and grilled or braised.
[01:30:52.000 --> 01:30:53.000]  And it's not gamey.
[01:30:53.000 --> 01:30:58.000]  In fact, some gourmets say goat meat is perhaps the most flavorful meat on the planet.
[01:30:58.000 --> 01:31:05.000]  Word's gotten out, and goat meat, also called chevonne or cabrillo, is finding its way to the menus of high-end U.S. restaurants.
[01:31:05.000 --> 01:31:08.000]  And it may soon be at your local grocery store.
[01:31:08.000 --> 01:31:13.000]  Goat meat may be new to Americans, but it's long been considered a staple of third-world countries.
[01:31:13.000 --> 01:31:18.000]  In fact, it's estimated that 63 percent of red meat consumed in the world is goat meat.
[01:31:18.000 --> 01:31:20.000]  No kidding.
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[01:33:12.000 --> 01:33:31.000]  Yeah, who you want to chip? Who you take me for? Fritoly? Who you want to chip? I'm not Fritoly. You can't chip me. All the time.
[01:33:31.000 --> 01:34:00.000]  Chip me now, your mom. Chip me now, your daddy. Chip me now, your grandpa and the granny. Chip me now, me. Chip me now, your baby. Chip me now, your family, whole family. Chip me now, your dog. And they get around me. Chip me now, the bee, for you so go eaty. Chip me now, the fish, them all in the sea. Chip me now, the shark and the whale around me. You must see mankind gone check crazy. They're taking a tool, and they want a weedy. Social security, they better be. Number when they give me, they'll rip it up your seat.
[01:34:00.000 --> 01:34:20.320]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio. And we were having too
[01:34:20.320 --> 01:34:27.880]  much fun that day. We've had a few times where we've had too much fun. Nick, I'm glad to
[01:34:27.880 --> 01:34:36.760]  hear that you're not taking this too serious, that you're willing to make this a good education
[01:34:36.760 --> 01:34:45.400]  because whatever time and effort you put into this is absolutely going to be worth it. Well,
[01:34:45.400 --> 01:34:50.920]  I've learned a lot from you guys. And because of that, I picked up some things today that I
[01:34:50.920 --> 01:34:58.040]  really think I can use. So you think I have a complaint against her for allow and export
[01:34:58.040 --> 01:35:07.320]  that communication? Oh, absolutely. He can't present evidence to the court unless you see
[01:35:07.320 --> 01:35:16.960]  it first so you have opportunity to raise an objection. So this is so basic. Yeah. Oh,
[01:35:16.960 --> 01:35:23.600]  you need to you need to bar agreements against the lawyer as well. Against the district attorney
[01:35:23.600 --> 01:35:36.520]  who presented. Absolutely. He knew better. If the judge does something improper, the prosecutor
[01:35:36.520 --> 01:35:45.880]  has a duty to raise the issue and notice the court that what he's doing is improper. Okay. Look
[01:35:45.880 --> 01:35:54.880]  on bar grievance dot net. North Carolina parks not working. It's not. Okay. Okay. No, don't worry
[01:35:54.880 --> 01:36:04.120]  about that. The only thing the North Carolina part is for is yours, the specific form that North
[01:36:04.120 --> 01:36:14.200]  Carolina uses. Go into the section to create a complaint. And when it opens up, it has two
[01:36:14.200 --> 01:36:21.200]  sides to it. One side is American Bar Association model standards. That's on the right. On the left
[01:36:21.200 --> 01:36:29.920]  are the American Bar Association standards for the prosecutorial function. Look in that one. Now
[01:36:29.920 --> 01:36:35.480]  that one's not completed. I completed the one on the other side, but this is a tremendous amount
[01:36:35.480 --> 01:36:42.560]  of work and I wasn't able to finish that one yet. But go through that. It'll you'll be surprised
[01:36:42.560 --> 01:36:49.000]  what you've nailed the prosecutor for. I want to ask a question here, Nick. When that ex parte
[01:36:49.000 --> 01:36:59.360]  communication thing happened, did you voice an objection in court? No, I did not. He couldn't.
[01:36:59.360 --> 01:37:06.240]  He couldn't. The bailiff threatened him. The bailiff came over and put his hand in front of him. He never
[01:37:06.240 --> 01:37:12.640]  touched me. And he said, just sit still, sir. They'll hand it to you in a moment. Well, still, you
[01:37:12.640 --> 01:37:18.360]  could voice an objection vocally and say, I object, Your Honor. This is ex parte communication. I
[01:37:18.360 --> 01:37:23.800]  would have had my wits about me to do that, but I was trying to figure out how to get up and get
[01:37:23.800 --> 01:37:27.120]  around that. There was some lawyer sitting beside me and I was trying to figure out how to get
[01:37:27.120 --> 01:37:32.040]  around him. And by the time I got all that figured out, they done brought the map over to me. Okay.
[01:37:32.040 --> 01:37:41.560]  There's a really, there's a really neat way to do that. Holler. If the bailiff's in the way,
[01:37:41.560 --> 01:37:49.440]  just holler out, Your Honor. That really works good. Well, remember, you can always, you don't
[01:37:49.440 --> 01:37:56.440]  have to do anything special or even stand up. Okay. You don't have to be in a special place or
[01:37:56.440 --> 01:38:02.240]  anything like that to voice an objection. All right. You just yell out objection, Your Honor.
[01:38:02.240 --> 01:38:09.400]  This is ex parte communication. That's all you have to do. And if the bailiff arrests you over
[01:38:09.400 --> 01:38:14.200]  making an objection, oh boy, then you really got a million dollar lawsuit on your hand,
[01:38:14.200 --> 01:38:17.800]  multi-million. You got one anyway because- Yes, of course.
[01:38:17.800 --> 01:38:24.240]  You couldn't raise an objection because there's a guy standing there with a gun telling you not to.
[01:38:24.240 --> 01:38:33.680]  And you were terrified of that gun. It gets better. I picked up even more little
[01:38:33.680 --> 01:38:39.400]  goodies. I got the cop to admit on cross, even though it's not a court of record,
[01:38:39.400 --> 01:38:48.120]  he did admit to opening the truck door without permission. So he did admit to that.
[01:38:48.120 --> 01:38:56.840]  Okay. Let me tell you something about not a court of record. When you appeal from that court,
[01:38:56.840 --> 01:39:08.680]  it's trial de novo. That means it's like a new trial, but it is trial de novo for the purpose
[01:39:08.680 --> 01:39:19.240]  of perfecting your appeal. What's admitted in the court is still admitted in the court.
[01:39:19.240 --> 01:39:26.800]  Because they didn't keep a record does not mean that they can do anything they want to.
[01:39:26.800 --> 01:39:33.840]  You can call him on the stand and ask him what he said in the original trial. And they'll say,
[01:39:33.840 --> 01:39:39.560]  objection, Your Honor, this is trial de novo. And you tell the court, and I've done this before.
[01:39:39.560 --> 01:39:45.320]  Yes, Your Honor, it's trial de novo for the purpose of perfecting my appeal. And this lawyer knows that.
[01:39:45.320 --> 01:39:51.520]  This is not trial de novo for the purpose of shielding them from prosecution for aggravated
[01:39:51.520 --> 01:40:03.760]  perjury. And the judge said, I will allow the question. Okay. So whatever they do,
[01:40:03.760 --> 01:40:12.240]  in the original court, if you can't sneak in a recorder, then scribble real fast.
[01:40:12.240 --> 01:40:19.920]  Just you can read it even if they can't. So I took these notes and they said,
[01:40:19.920 --> 01:40:25.440]  what does that say? And you can read it to them. You can read whatever you want to,
[01:40:25.440 --> 01:40:34.560]  but you can take notes. We had someone recently tell me that the judge told someone that he
[01:40:34.560 --> 01:40:40.600]  couldn't take notes in the courtroom. And they do that. I call 911 immediately.
[01:40:40.600 --> 01:40:46.040]  First thing I do is ask the plaintiff to arrest the judge. And then they'll throw me out of the
[01:40:46.040 --> 01:40:54.360]  courtroom. And then I dial 911. Oh, I just got an email today. Debra, I don't know if you've seen
[01:40:54.360 --> 01:41:00.400]  this or not. Tom DeLay, his case just got thrown out. All charges dropped.
[01:41:00.400 --> 01:41:04.720]  Yeah, I did. But I don't think it was because of the issue that you raised, Randy.
[01:41:04.720 --> 01:41:11.400]  I know. But the whole point, it never should have been brought in the first place. Now I'll go back
[01:41:11.400 --> 01:41:18.200]  after Judge Dietz for not hearing the habeas corpus. Hey, you know, one thing that I was
[01:41:18.200 --> 01:41:23.160]  going to say too about scribbling notes in the courtroom and trying to take notes or trying to
[01:41:23.160 --> 01:41:28.680]  somehow, you know, document what goes on if they don't let you bring in a recorder and this and
[01:41:28.680 --> 01:41:35.040]  that. Well, there's a couple of ways, you know, a couple of other ways to deal with that. First off,
[01:41:35.040 --> 01:41:41.960]  if they don't confiscate your cell phone, which they really shouldn't, even though your cell phone
[01:41:41.960 --> 01:41:48.120]  could record, what you do is you bring your cell phone in there, you just call somebody, okay?
[01:41:48.120 --> 01:41:55.760]  And then you let the person who's on the other end record it, record the hearing. The other way,
[01:41:55.760 --> 01:42:02.760]  now this is kind of an expensive way, but if the case is really important and really worth it,
[01:42:02.760 --> 01:42:08.320]  then you just hire your own court reporter, okay? They can't stop you from doing that. You bring in
[01:42:08.320 --> 01:42:14.000]  your own court reporter and your court reporter that you hire is going to have their own personal
[01:42:14.000 --> 01:42:19.440]  recording device that they can't stop the court reporter, you know, your personal court reporter
[01:42:19.440 --> 01:42:23.800]  from bringing in. But if they do, it doesn't matter because the court reporter is going to be
[01:42:23.800 --> 01:42:29.080]  sitting there with their little shorthand machine, tick, tick, tick, typing away, and they can't stop
[01:42:29.080 --> 01:42:37.440]  that either. And that will be a very credible transcription even if the court, even if they
[01:42:37.440 --> 01:42:43.640]  don't let the court reporter that you bring in do an audio recording. They are trained and certified
[01:42:43.640 --> 01:42:50.680]  to be very accurate in their transcriptions. So it may be expensive, but you just bring in
[01:42:50.680 --> 01:42:55.760]  your own court reporter and I tell you that there was a few issues with a particular federal case
[01:42:55.760 --> 01:43:02.120]  that I was involved in a couple of years ago. It ended up that the inaccuracies in the transcript
[01:43:02.120 --> 01:43:11.600]  of the court's court reporter were not so extreme that it affected the case in a material way.
[01:43:11.600 --> 01:43:17.440]  But I'll tell you, I am never going to take that risk again. Next time I have an important case,
[01:43:17.440 --> 01:43:22.200]  I mean, you just have to realize that if you're going to litigate, it's going to cost money,
[01:43:22.200 --> 01:43:28.120]  and if you do it the right way to set up the lawsuits, you go back on what we call the
[01:43:28.120 --> 01:43:33.240]  counterpunch to sue them later, and you just cough up the dough on the front end, and I will
[01:43:33.240 --> 01:43:38.760]  never take that risk again. From now on, any time I go into an important case, I'm bringing my own
[01:43:38.760 --> 01:43:45.880]  court reporter, whether or not the court is a so-called court of record or not, because let's
[01:43:45.880 --> 01:43:52.280]  have a battle of the court reporters. Let's see if the court reporter's transcript matches my court
[01:43:52.280 --> 01:43:57.520]  reporter's transcript. That'll keep them honest. All right, we'll be right back, folks. This is the
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[01:46:25.120 --> 01:46:41.040]  Okay, we are back. Randy Kelton, Debra Stevens. We have our radio and we're talking to Nick in
[01:46:41.040 --> 01:46:46.600]  North Carolina. Do we have anything else, Nick? We need to finish up on our last segment.
[01:46:46.600 --> 01:46:51.200]  No, thanks. I've got more, but I'm called back tomorrow night. You know, when you have more time,
[01:46:51.200 --> 01:46:56.640]  I've taken up enough. Yeah, good. Tomorrow I'll have more time. And we're having way too much fun
[01:46:56.640 --> 01:47:04.480]  here. Yeah, I've got more food. I'm talking about tomorrow. But thank you, Andy. Okay, thank you.
[01:47:05.840 --> 01:47:11.600]  Okay, now we're going to go to Darlene in Florida. Hello, Darlene. I'm sorry it's so late.
[01:47:12.720 --> 01:47:17.200]  I know you have an issue with your son. Will you kind of give us a brief synopsis?
[01:47:17.200 --> 01:47:27.440]  Sure. There was a home invasion last Friday morning and there were three guys and a female
[01:47:27.440 --> 01:47:35.040]  and they beat my son up real bad, tied him up, robbed the house. And when the ambulance in the
[01:47:35.040 --> 01:47:43.200]  fire or the police came, my son smokes marijuana and there was some sitting right there in a jar
[01:47:43.200 --> 01:47:51.520]  and the deputies right away called in their DEA people. And when my son was taken over to
[01:47:51.520 --> 01:47:57.600]  the hospital, a detective had gone over there to see him and he was pretty messed up. And I found
[01:47:57.600 --> 01:48:04.320]  out later that that detective had him sign something so that they could go through his house. Well,
[01:48:04.320 --> 01:48:10.640]  I was outside. They wouldn't let me in. I sat there for six hours. When I finally got to go inside,
[01:48:10.640 --> 01:48:17.680]  they had cut up his furniture. They broke chairs. They just ransacked his house.
[01:48:18.800 --> 01:48:26.880]  So that we dealt with that. But now tonight, two hours ago, they came and arrested my son.
[01:48:28.240 --> 01:48:31.280]  And I need to know- For the marijuana?
[01:48:31.280 --> 01:48:37.760]  I imagine that. I wasn't there and his friend asked what he was being arrested for and
[01:48:37.760 --> 01:48:44.560]  the deputy was being a real arrogant and wouldn't tell him. But this is something that he overheard
[01:48:44.560 --> 01:48:51.520]  from the two officers. And I think they bugged the house when they were in there going through
[01:48:51.520 --> 01:48:57.760]  everything because I had a conversation yesterday with my son about bringing action against the
[01:48:57.760 --> 01:49:04.560]  county and the sheriff's department. When they were taking my son, one of them said to him,
[01:49:04.560 --> 01:49:11.200]  one of them said to him, you're not going to be bringing any kind of action against those
[01:49:11.200 --> 01:49:13.760]  officers, are you? Because they're all good officers.
[01:49:17.520 --> 01:49:22.480]  That is interesting. Yeah, I thought that one.
[01:49:22.480 --> 01:49:30.720]  Okay. The first thing, did you photograph everything in the house before you cleaned it up?
[01:49:30.720 --> 01:49:38.880]  Well, I did not. After they trashed everything, I screwed up. I was stressed. I did not go and take
[01:49:38.880 --> 01:49:44.880]  a picture of the couch on top of the other couch. I have taken pictures where they've cut the bottom
[01:49:44.880 --> 01:49:51.120]  of the sofa, the chairs broken. Okay. Get as many photos as you can.
[01:49:52.000 --> 01:49:56.880]  If you can put them back like they were when the police left, put them back, photo them.
[01:49:56.880 --> 01:50:02.000]  Get as many ugly photos as you can. Okay.
[01:50:03.040 --> 01:50:09.520]  And then the first thing to do is prepare a tort letter and send it to the
[01:50:11.200 --> 01:50:17.680]  county commissioner's court, notifying them, you know, estimate the damages
[01:50:19.440 --> 01:50:23.520]  and triple the damages because it was done maliciously and intentionally
[01:50:23.520 --> 01:50:31.840]  and tell them to make you hold or be sued. And that, you know, I would suggest you never talk
[01:50:31.840 --> 01:50:40.000]  to these policemen. If they try to talk to you, absolutely not. If you have anything to say to us,
[01:50:40.560 --> 01:50:46.720]  do it in writing. Do not talk to them on the phone unless you have it recorded.
[01:50:46.720 --> 01:50:53.360]  Okay. And if you have it recorded, then you object to talking to them.
[01:50:54.240 --> 01:51:03.360]  And there's a certain skill that you develop over time. It's called how to infuriate the public
[01:51:03.360 --> 01:51:12.320]  official. I've gotten really good at that. Okay. I can generally get them screaming at me. Years
[01:51:12.320 --> 01:51:19.120]  ago, they told my car in and ripped the whole front out of it. And when I went to get it,
[01:51:20.960 --> 01:51:29.040]  they said they didn't do it. And I'm wanting a report on it. And I called the police and had my
[01:51:29.040 --> 01:51:35.600]  car parked right in, I parked my car and blocked their drive. And they sent this security guard
[01:51:35.600 --> 01:51:41.760]  out there. And when the police came around the corner, the security guard was chasing me around
[01:51:41.760 --> 01:51:51.280]  the car with his billy club. Oh, that was so much fun. But if, you know, if they're going to call
[01:51:51.280 --> 01:51:58.960]  you and they want to talk to you on the phone, then keep in mind in a transcript, they can't put
[01:51:58.960 --> 01:52:06.480]  voice inflection. So if you can get them to act stupid, so much the better for you. But generally
[01:52:06.480 --> 01:52:13.040]  you don't do that unless they set it up for you, but never ever go down there and talk to them.
[01:52:13.920 --> 01:52:24.720]  Right. They will lie like dogs. They've got courses in testifying. So right off the bat,
[01:52:24.720 --> 01:52:30.000]  if they try to call you, then you send a letter to the county commissioner's court, directing
[01:52:30.000 --> 01:52:38.320]  the county commissioner to order all of these officers and potential defendants not to call
[01:52:38.320 --> 01:52:45.360]  you. You will have, you will accept no telephonic communications, make everything in writing.
[01:52:45.360 --> 01:52:51.920]  If they have questions they want to ask, write them down. And you will answer them in writing.
[01:52:51.920 --> 01:52:57.600]  So we don't have any problems with he said, she said, but first thing to start out is with
[01:52:57.600 --> 01:53:04.560]  a tort letter. If you do that quickly and in the tort letter, you'd notify them that if any further
[01:53:04.560 --> 01:53:12.560]  damages are discovered, we'll adjust this letter. You have to give them a tort letter at least 60
[01:53:12.560 --> 01:53:17.520]  days before you sue. If you give them the tort letter, they got 60 days to make you whole.
[01:53:17.520 --> 01:53:22.080]  They don't pay any attention to anything else, but when you send the tort letter to the commissioner's
[01:53:22.080 --> 01:53:28.080]  court, the commissioner's courts going to get real excited. I mean, that's going to come back to the
[01:53:28.080 --> 01:53:38.160]  police department. And if they've already arrested your son, now it's too late for them to up the
[01:53:38.160 --> 01:53:46.080]  charges because they've already made the charges. They've already made the charges. They've already
[01:53:46.080 --> 01:53:54.720]  made the charges. Yeah. And now they, you know, the police do not care if you're guilty or innocent.
[01:53:56.160 --> 01:54:00.480]  They just don't care. They're going to charge you with the highest level thing they think they can
[01:54:00.480 --> 01:54:07.360]  get away with so that they can negotiate you down to something lesser, get you to take a deal and
[01:54:07.360 --> 01:54:18.400]  pay them a lot of money. Primarily, they want you to pay probation fees because generally a fine or
[01:54:18.400 --> 01:54:28.000]  a fee goes to the state's general fund. Probation fees stay in the county. So the counties want all
[01:54:28.000 --> 01:54:34.640]  the probation fees they can get because it ups their budget. Sure. Guilty, innocent, they could
[01:54:34.640 --> 01:54:40.400]  care less. And they're going to huff and puff and rail and righteous indignation right up to the
[01:54:40.400 --> 01:54:53.760]  courthouse steps. But, okay, one thing we don't know is did anybody admit to owning the pot?
[01:54:56.000 --> 01:54:56.480]  My son.
[01:54:59.040 --> 01:55:04.240]  Beat him around the eyes and the ears with your telephone receiver and knock some sense into
[01:55:04.240 --> 01:55:14.880]  him. Then he's probably going to eat something. I don't know if he admitted, he admitted that he
[01:55:14.880 --> 01:55:23.520]  smoked pot. We'll find out if he admitted that that was his pot. Okay. Well now, Randy, let me
[01:55:23.520 --> 01:55:28.320]  ask you something. Concerning this document that he signed when he was in the hospital,
[01:55:28.320 --> 01:55:34.720]  I mean, could that, apparently giving this team, this DEA team, SWAT team, whatever, permission to
[01:55:34.720 --> 01:55:40.720]  go and ransack the place, I mean, is there any way that that document could be challenged because
[01:55:40.720 --> 01:55:47.760]  he was out of it on pain pills in the hospital from the robbery that had just taken place?
[01:55:47.760 --> 01:55:56.240]  Well, it can be challenged. But as far as the search itself, if he challenges it, he'll probably
[01:55:56.240 --> 01:56:03.360]  lose that. What he won't lose is the damage that they did. This is intentional damage.
[01:56:05.120 --> 01:56:14.480]  It's not necessary to destroy a house to search it. And if they found no more drugs, then they're
[01:56:14.480 --> 01:56:20.080]  going to have to show cause as to why they destroyed all this. Now, if they destroy this looking,
[01:56:20.080 --> 01:56:26.480]  then you're going to ask them to fix it, to replace it. Yeah. And if he didn't admit that
[01:56:26.480 --> 01:56:35.520]  that was his, then the home invaders brought it. Yeah. And they got so excited when they left,
[01:56:35.520 --> 01:56:43.040]  they left their dope. Yeah. Darn the luck. Yeah. Well, they were so ecstatic on getting all of his
[01:56:43.040 --> 01:56:51.840]  good stuff. Now. Yeah. This is, it's pretty radical. Home invasion is really serious business.
[01:56:54.400 --> 01:57:01.520]  So I'm surprised that they moved against him and destroyed his place after a home invasion is bad
[01:57:01.520 --> 01:57:07.200]  enough. But then the police come in and this will make a great lawsuit. Well, as a matter of fact,
[01:57:07.200 --> 01:57:13.600]  let me tell you something that the news media, this was a big story that the news media came
[01:57:13.600 --> 01:57:18.800]  to the house, I guess, just to take a picture of the outside of the house. And my son was inside
[01:57:18.800 --> 01:57:27.600]  and came out and they talked to my son. And off camera, this news reporter was talking to my son
[01:57:27.600 --> 01:57:33.680]  about what they did, trash in the house. And he said, Hey, you take my card. And if you need
[01:57:33.680 --> 01:57:43.920]  our help, just call us. Did they take any photos inside? No, no, they didn't go in the house inside.
[01:57:43.920 --> 01:57:52.000]  No. Okay. We can make up a really ugly sounding story for this. Guy gets his home invaded, beat
[01:57:52.000 --> 01:58:00.320]  up, put in the hospital and the police come and cause more loss than the home invaders did. Yeah.
[01:58:00.320 --> 01:58:08.080]  Okay. We are out of time. If we, if we want to go through this some more,
[01:58:08.080 --> 01:58:12.480]  you can call back tomorrow night. We'll have more time. This is Randy Kelton, Deborah Stevens,
[01:58:12.480 --> 01:58:20.000]  Rule of Law Radio. We will be back tomorrow night on our four hour info marathon. And
[01:58:20.960 --> 01:58:28.480]  we'll have Joe Esquivel on the first two hours. I have an issue that I want to address with him.
[01:58:28.480 --> 01:58:33.200]  Um, it's kind of a sophisticated issue and this ought to be fun. We're going to kick this thing
[01:58:33.200 --> 01:58:38.880]  back and forth. And when I listen to these kinds of things, when other people are doing it, I tend
[01:58:38.880 --> 01:58:43.360]  to learn more than when somebody just tries to explain it to you. So it ought to be a good show
[01:58:43.360 --> 01:58:48.400]  tomorrow night. Okay. Thank you all for listening. We'll be back tomorrow and good night.
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