[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at LibertyBeat.com.
[00:09.000 --> 00:13.000]  I'm Brian Hagan with your Liberty Beat for Thursday, February 5th, 2015.
[00:13.000 --> 00:15.000]  Gold is trading at $1,272.
[00:15.000 --> 00:18.000]  Silver at $17.47.
[00:18.000 --> 00:20.000]  And Bitcoin is trading around $224.
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[00:28.000 --> 00:31.000]  Your job, your car, your home, your money.
[00:31.000 --> 00:34.000]  All of these things provide you with a sense of security.
[00:34.000 --> 00:36.000]  But what about your family security?
[00:36.000 --> 00:39.000]  What have you done to prepare if all of these things were suddenly gone?
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[00:43.000 --> 00:45.000]  eFoodsDirect is food security.
[00:45.000 --> 00:50.000]  Go to eFoodsDirect.com slash Liberty Beat or call 800-620-5520
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[00:54.000 --> 00:58.000]  In the news, Wednesday afternoon, Ross Ulbricht, creator of the Silk Road,
[00:58.000 --> 01:03.000]  was found guilty on seven charges related to conspiracy to traffic and distribute narcotics.
[01:03.000 --> 01:05.000]  Jurors spent just over three hours deliberating.
[01:05.000 --> 01:07.000]  Ulbricht will be sentenced May 15th.
[01:07.000 --> 01:09.000]  He's facing life in prison.
[01:09.000 --> 01:12.000]  Supporters reacted with sadness and frustration at the jury's decision.
[01:12.000 --> 01:16.000]  Ulbricht's mother, Lynn, called the decision a travesty.
[01:18.000 --> 01:21.000]  The so-called 20th hijacker has released a statement from prison
[01:21.000 --> 01:27.000]  detailing the role of Saudi Arabia's royal family in financing terror attacks, including 9-11.
[01:27.000 --> 01:33.000]  Zacharias Misali, a former al-Qaeda operative, discussed Saudi royalty funding terrorist attacks,
[01:33.000 --> 01:35.000]  including a plan to shoot down Air Force One.
[01:35.000 --> 01:39.000]  The Saudi embassy released a statement denying any involvement in 9-11
[01:39.000 --> 01:44.000]  and claimed the 9-11 Commission found the Saudi government and officials were not involved.
[01:44.000 --> 01:49.000]  Despite the statement from the Saudi embassy, former Senator Bob Graham said he's convinced the Saudi government
[01:49.000 --> 01:53.000]  funded at least some of the terrorists who carried out the September 11th attacks.
[01:53.000 --> 01:57.000]  Graham is the former co-chairman of a joint congressional inquiry into the attacks.
[01:58.000 --> 02:04.000]  A high-tech office in Sweden has begun implanting RFID chips in employees' hands.
[02:04.000 --> 02:09.000]  Epicenter recently told the BBC that employees can open doors and operate devices
[02:09.000 --> 02:11.000]  by using the chip implanted under the skin.
[02:11.000 --> 02:14.000]  The company stated they were interested in understanding the technology
[02:14.000 --> 02:19.000]  before corporations and government begin using the technology in the mainstream world.
[02:19.000 --> 02:22.000]  This broadcast of the Liberty Beat is brought to you by Silver Botanicals,
[02:22.000 --> 02:27.000]  producing innovative, all-natural, high-quality collodial silver and gold personal care products.
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[02:32.000 --> 02:38.000]  Visit silverbotanicals.com for more information or buy their products at Brave New Books.
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[02:52.000 --> 02:57.000]  This is the Liberty Beat for Thursday, February 5th, 2015.
[02:57.000 --> 03:11.000]  Check out the website at thelibertybeat.com.
[03:27.000 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 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]  you'd go to school and learn the golden rules.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get cocked then you must get cooed!
[03:49.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do?
[03:52.000 --> 03:54.000]  Whatcha gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, whatcha gonna do?
[03:57.000 --> 04:00.000]  Whatcha gonna do when they come for you?
[04:00.000 --> 04:03.000]  You chuck it on that one, you chuck it on this one.
[04:03.000 --> 04:05.000]  You chuck it on your mother and you chuck it on your father.
[04:05.000 --> 04:07.000]  Okay, this is Howdy Howdy.
[04:07.000 --> 04:11.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio
[04:11.000 --> 04:16.000]  on this Thursday, the fifth day of February, 2015.
[04:16.000 --> 04:23.000]  And tonight, Deborah's going to talk about what happens when you fight these guys.
[04:23.000 --> 04:26.000]  Yes, that is right.
[04:26.000 --> 04:32.000]  I want to tell this story, and this is a bit of crowing on here
[04:32.000 --> 04:36.000]  because it just shows that, you know, here's another example, folks,
[04:36.000 --> 04:39.000]  that, you know, this stuff works.
[04:39.000 --> 04:41.000]  It actually works.
[04:41.000 --> 04:45.000]  So I have changed the names to protect the innocent here, so to speak.
[04:45.000 --> 04:50.000]  But this is a family that I know, that I am friends with.
[04:50.000 --> 04:53.000]  And there was a bit of an altercation
[04:53.000 --> 04:57.000]  and subsequently shenanigans going down in the court system.
[04:57.000 --> 04:59.000]  So I'm going to start from the beginning.
[04:59.000 --> 05:01.000]  I'm going to tell the story.
[05:01.000 --> 05:06.000]  And then I'm going to talk about the timeline of everything that was filed
[05:06.000 --> 05:08.000]  and what all exactly happened.
[05:08.000 --> 05:10.000]  So here's the scenario.
[05:10.000 --> 05:18.000]  We've got a family here, two brothers, Daryl, the older brother,
[05:18.000 --> 05:21.000]  and Alan, the younger brother.
[05:21.000 --> 05:23.000]  Okay.
[05:23.000 --> 05:25.000]  They're visiting their mom.
[05:25.000 --> 05:28.000]  We're just going to call her the mom, okay?
[05:28.000 --> 05:33.000]  And let's just say mom, well, may have some issues.
[05:33.000 --> 05:35.000]  All right, leave it at that.
[05:35.000 --> 05:45.000]  So Daryl and Alan get into an argument at the mom's house.
[05:45.000 --> 05:51.000]  And Alan, the younger brother, starts chucking up to the older brother.
[05:51.000 --> 05:53.000]  And that's a Caribbean term.
[05:53.000 --> 05:55.000]  It means you start getting up in somebody's face, okay,
[05:55.000 --> 05:58.000]  and puffing up your chest and bowing up.
[05:58.000 --> 06:02.000]  And they get into a yelling match, okay?
[06:02.000 --> 06:08.000]  And so apparently Alan is kind of like walking towards his older brother, Daryl,
[06:08.000 --> 06:12.000]  and they get in kind of a face-to-face yelling match up against the wall
[06:12.000 --> 06:15.000]  and the older brother, Daryl, is back against the wall.
[06:15.000 --> 06:22.000]  Okay, so Daryl makes the first move as far as physical contact
[06:22.000 --> 06:27.000]  and pushes his younger brother Alan out of his face.
[06:27.000 --> 06:36.000]  And then younger brother Alan retaliates and hits older brother, okay?
[06:36.000 --> 06:38.000]  So it turns into a violent act.
[06:38.000 --> 06:43.000]  They turn physical and then younger brother Alan decides to leave the house
[06:43.000 --> 06:45.000]  and go for a walk to cool off.
[06:45.000 --> 06:46.000]  Good move.
[06:46.000 --> 06:55.000]  Well, while Alan was gone for a walk, Daryl and the mom start getting into it.
[06:55.000 --> 07:01.000]  And so then the mom decides that she's going to call the cops on Daryl
[07:01.000 --> 07:04.000]  for starting this whole thing.
[07:04.000 --> 07:09.000]  And because apparently Daryl was on Alan's case about something, okay?
[07:09.000 --> 07:10.000]  That's how all of this started.
[07:10.000 --> 07:15.000]  Alan got provoked because Daryl was on his case about something,
[07:15.000 --> 07:18.000]  trying to, you know, basically whatever,
[07:18.000 --> 07:21.000]  writing him about cleaning up his life, et cetera, et cetera.
[07:21.000 --> 07:29.000]  So Daryl tells the mom, you know, don't do that.
[07:29.000 --> 07:33.000]  Because if you call the cops on Alan, I mean, if you call the cops on me,
[07:33.000 --> 07:34.000]  they're not going to take me to jail.
[07:34.000 --> 07:36.000]  They're going to take Alan to jail, okay?
[07:36.000 --> 07:42.000]  Because Alan already had a history of getting into it with family members,
[07:42.000 --> 07:45.000]  mainly, you know, the mom and such.
[07:45.000 --> 07:49.000]  And plus Alan was on probation for something else, okay?
[07:49.000 --> 07:53.000]  So Daryl knew that if the cops showed up,
[07:53.000 --> 07:55.000]  they were just going to see Alan as a bad guy,
[07:55.000 --> 08:02.000]  even though Daryl initiated the first physical contact,
[08:02.000 --> 08:05.000]  even though the mom calls the cops on Daryl,
[08:05.000 --> 08:07.000]  Daryl knew what was going to happen.
[08:07.000 --> 08:11.000]  Well, the mom proceeds to call the cops anyway.
[08:11.000 --> 08:15.000]  Why Daryl decided to stick around, I have no idea.
[08:15.000 --> 08:17.000]  He knew the cops were coming.
[08:17.000 --> 08:18.000]  But Alan didn't.
[08:18.000 --> 08:24.000]  So Alan gets back to the house, you know, in a more calm mode,
[08:24.000 --> 08:30.000]  and pretty much very quickly thereafter, cops show up.
[08:30.000 --> 08:32.000]  And Alan didn't know the cops were coming.
[08:32.000 --> 08:38.000]  So as Daryl predicted, the cops take Alan to jail.
[08:38.000 --> 08:49.000]  And then basically the whole thing turns into a situation of the system,
[08:49.000 --> 08:51.000]  the prosecutor, et cetera,
[08:51.000 --> 08:57.000]  wanting Daryl to press charges against Alan for hitting him,
[08:57.000 --> 09:04.000]  even though Daryl actually did the first initial physical contact of pushing.
[09:04.000 --> 09:05.000]  Okay, I mean, granted, you know,
[09:05.000 --> 09:08.000]  it's not a good idea to get up in somebody's face and yell at them.
[09:08.000 --> 09:15.000]  I mean, but, you know, still, who initiated the first physical contact?
[09:15.000 --> 09:16.000]  It was Daryl.
[09:16.000 --> 09:22.000]  So at any rate, so this is what happens.
[09:22.000 --> 09:28.000]  So Daryl, sorry, Alan is already on probation, unfortunately.
[09:28.000 --> 09:32.000]  And so, of course, they're just going to assume that he's the bad guy.
[09:32.000 --> 09:38.000]  And so this is a felony.
[09:38.000 --> 09:44.000]  Okay, this ended up being some kind of felony charge against Alan
[09:44.000 --> 09:53.000]  because of this was, you know, like the second or third time of domestic violence issues.
[09:53.000 --> 09:56.000]  I think it's like the, I can't remember exactly what the statute says,
[09:56.000 --> 10:00.000]  but I think it's like the third time you're accused of some domestic violence,
[10:00.000 --> 10:01.000]  it turns into a felony.
[10:01.000 --> 10:06.000]  Okay, so this is starting to get real serious for Alan real fast.
[10:06.000 --> 10:11.000]  Well, Alan couldn't afford to bail.
[10:11.000 --> 10:14.000]  Nobody else could bail him out in the family.
[10:14.000 --> 10:23.000]  And so poor Alan is sitting here in jail, and the brother, Daryl, doesn't want this.
[10:23.000 --> 10:26.000]  Okay, he didn't want his younger brother in jail,
[10:26.000 --> 10:31.000]  and Daryl had absolutely no intention of being a witness,
[10:31.000 --> 10:34.000]  quote unquote, pressing charges whatsoever.
[10:34.000 --> 10:38.000]  Okay, so this happens in November of 2013.
[10:38.000 --> 10:42.000]  Okay, I meant to tell this story like a year ago.
[10:42.000 --> 10:45.000]  Sorry, listeners, it's taken me this long to do this kind of crowing,
[10:45.000 --> 10:48.000]  but a lot of things happened in 2014.
[10:48.000 --> 10:52.000]  As you know, I had a death in my family,
[10:52.000 --> 10:55.000]  and there was a lot of serious issues I had to take care of.
[10:55.000 --> 10:56.000]  I wasn't on the air for a while.
[10:56.000 --> 10:58.000]  But anyways, I'm finally getting to it.
[10:58.000 --> 11:03.000]  So Daryl doesn't want to press charges against his younger brother,
[11:03.000 --> 11:06.000]  so the arrest happens in November of 2013.
[11:06.000 --> 11:11.000]  At some point, fairly soon after the arrest,
[11:11.000 --> 11:14.000]  a criminal complaint was actually filed in the case.
[11:14.000 --> 11:21.000]  Wow, big surprise, for real, because as you listeners who have been listening for a while know,
[11:21.000 --> 11:28.000]  one of the biggest issues that we have around here is that these criminal complaints never filed in the case,
[11:28.000 --> 11:30.000]  and the prosecutor just sits on it.
[11:30.000 --> 11:33.000]  The court doesn't even know that anybody's sitting in jail
[11:33.000 --> 11:42.000]  because the prosecutor won't file anything with the court until he squeezes the victim, I would say, the defendant.
[11:42.000 --> 11:48.000]  If you even want to call them a defendant, because technically there's no case yet, okay, squeeze them for a deal.
[11:48.000 --> 11:53.000]  Okay, well, in this case, there actually was a criminal complaint filed,
[11:53.000 --> 12:00.000]  and I think that the only reason there was is because they were intending on taking poor Alan down for felony,
[12:00.000 --> 12:07.000]  and there had to be something filed in order to proceed to the grand jury,
[12:07.000 --> 12:11.000]  to take the case before a grand jury to try to get an indictment.
[12:11.000 --> 12:18.000]  Okay, well, time is going on, can't afford bail, and apparently the prosecutor,
[12:18.000 --> 12:23.000]  they were playing like musical prosecutors here.
[12:23.000 --> 12:32.000]  There was changes of prosecutors, and so there was like a real latency, a real delay here in dealing with this case,
[12:32.000 --> 12:38.000]  and it's November passes, and it's all the way up through December.
[12:38.000 --> 12:44.000]  Apparently a couple of court hearings were scheduled to bring the defendant before the court,
[12:44.000 --> 12:56.000]  but they were canceled because the grand jury had not had a chance to consider the charges yet to either no bill or indict this poor fellow.
[12:56.000 --> 13:03.000]  That's the story from Amanda, anyway, the defense attorney whom the mom hired.
[13:03.000 --> 13:07.000]  Okay, the mom actually hired a defense attorney for poor Alan.
[13:07.000 --> 13:13.000]  Okay, so the story from Amanda is that, well, we're waiting on the grand jury.
[13:13.000 --> 13:17.000]  The grand jury just hasn't had a chance to consider the case yet.
[13:17.000 --> 13:20.000]  Now, this sounds like total bull crap to me.
[13:20.000 --> 13:25.000]  What do you mean the grand jury has not had a chance to consider the case yet?
[13:25.000 --> 13:38.000]  Okay, translation, the prosecutor hasn't presented the charges against Alan to the grand jury yet.
[13:38.000 --> 13:41.000]  That's what that means, okay?
[13:41.000 --> 13:48.000]  That's the only way that the grand jury could not have a chance to consider it yet, all right?
[13:48.000 --> 13:54.000]  So apparently, prosecutor's dragging the feet, dragging his feet.
[13:54.000 --> 13:57.000]  In the meantime, during the whole month of November and December,
[13:57.000 --> 14:03.000]  of course Amanda and the prosecutor are squeezing Alan for a deal.
[14:03.000 --> 14:05.000]  Well, Alan's not going to do it, okay?
[14:05.000 --> 14:10.000]  Good for him, all right, because we were helping.
[14:10.000 --> 14:12.000]  Okay, we're helping out here.
[14:12.000 --> 14:17.000]  And so, excuse me, so we're trying to consider what can we do here?
[14:17.000 --> 14:21.000]  This poor young man has been sitting in jail for almost two months.
[14:21.000 --> 14:29.000]  It's towards the end of December, and the prosecutor still has not brought the charges before the grand jury.
[14:29.000 --> 14:31.000]  What can we do?
[14:31.000 --> 14:39.000]  And of course, so I'm discussing this case with Randy, and of course Randy's first thing we think of is, oh, habeas.
[14:39.000 --> 14:44.000]  There's a clear cut and dry case, file habeas, that should solve the problem,
[14:44.000 --> 14:47.000]  because anybody can file habeas in anybody else's case.
[14:47.000 --> 14:51.000]  It doesn't matter if they have representation or not.
[14:51.000 --> 14:56.000]  There are basically only two documents that anyone can file in anyone's case,
[14:56.000 --> 14:58.000]  including your own, whether there's an attorney involved or not.
[14:58.000 --> 15:00.000]  That's an affidavit and a habeas.
[15:00.000 --> 15:11.000]  Okay, so we're considering the habeas, but there is a slight problem here with filing habeas in this particular situation.
[15:11.000 --> 15:13.000]  Actually, a big problem.
[15:13.000 --> 15:31.000]  Alan was on probation at the time, and to get basically arrested and charged or to make a deal, especially regarding domestic violence charge, while he's on probation,
[15:31.000 --> 15:37.000]  would revoke his probation, and he would have ended up having to go to federal prison.
[15:37.000 --> 15:46.000]  I mean, not federal prison, state prison, state penitentiary for like another year and a half or something for a different charge that he was on probation for.
[15:46.000 --> 15:48.000]  And so here's the deal.
[15:48.000 --> 15:56.000]  While he's sitting in jail, awaiting his trial on the current case, technically probation hadn't been violated yet.
[15:56.000 --> 15:57.000]  Oh, goodness.
[15:57.000 --> 16:05.000]  And I just remembered now, yeah, all of this happened like the day before he was supposed to go to a probation hearing, too.
[16:05.000 --> 16:12.000]  Okay, so technically it wasn't a probation violation yet, but if, oh, I'm sorry.
[16:12.000 --> 16:23.000]  That's why not only could nobody afford to bail him out, but if he had gotten bailed out or if a habeas had been filed and he had gotten out on habeas,
[16:23.000 --> 16:26.000]  then he would have been in violation of probation.
[16:26.000 --> 16:29.000]  And so nobody wanted to bail him out.
[16:29.000 --> 16:38.000]  Nobody could afford to bail him out anyway, but even if we could have, we wouldn't have done it. Nobody would have done it because then he would have ended up going to state pen.
[16:38.000 --> 16:42.000]  So we couldn't do the habeas, couldn't bail out the young man.
[16:42.000 --> 16:44.000]  What are we going to do?
[16:44.000 --> 16:48.000]  And we're about to go to break now, and I will continue with the story when we get back on the other side.
[16:48.000 --> 16:50.000]  This is the rule of law.
[16:50.000 --> 17:00.000]  Randy Kelton, Eddie Craig, and Deborah Stevens, we will be right back on the other side.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:22.000 --> 19:23.000]  Okay, folks, we are back.
[19:23.000 --> 19:26.000]  This is the rule of law, Randy Kelton, Eddie Craig, Deborah Stevens,
[19:26.000 --> 19:35.000]  and I have the phones off right now so that people aren't just sitting on hold indefinitely while we are going over this case,
[19:35.000 --> 19:41.000]  and we're going to go over some other case law related to the issues in this case afterwards.
[19:41.000 --> 19:45.000]  I'll turn on the phones when we get to the discussion of the case law.
[19:45.000 --> 19:48.000]  So anyways, what do we do in this situation?
[19:48.000 --> 19:57.000]  Well, it turned out as we were preparing what to do and considering what should be done here,
[19:57.000 --> 20:06.000]  the prosecutor went on ahead and presented the charges, the complaint to the grand jury, and the grand jury indicted him.
[20:06.000 --> 20:14.000]  And so now there is an indictment, and so now what do we do here?
[20:14.000 --> 20:21.000]  Okay, we know that what's going to end up happening is the prosecutor is just going to sit on it
[20:21.000 --> 20:27.000]  and not bring it to trial to try to squeeze for a deal, all right?
[20:27.000 --> 20:30.000]  So what is to be done?
[20:30.000 --> 20:35.000]  Again, if we file a habeas or bail the young man out, it's going to be a violation of probation.
[20:35.000 --> 20:37.000]  He'd go to state penitentiary.
[20:37.000 --> 20:40.000]  So this is a kind of a very delicate situation here.
[20:40.000 --> 20:52.000]  Well, so we end up talking to the older brother, Darryl, and we say, well, hey, Darryl, how about we do this?
[20:52.000 --> 21:03.000]  You file an affidavit in the case basically testifying that you have no intentions of prosecuting,
[21:03.000 --> 21:08.000]  of pressing charges, and that you refuse to be a witness in the case.
[21:08.000 --> 21:13.000]  And therefore, that basically kills the case, okay?
[21:13.000 --> 21:14.000]  And actually, let me back up.
[21:14.000 --> 21:21.000]  This happened before the grand jury heard the charges on the case, okay?
[21:21.000 --> 21:26.000]  Sorry, it's trying to keep to the timeline here on all these details.
[21:26.000 --> 21:32.000]  So the brother, the older brother, Darryl, files the affidavit in the case because there was a charge.
[21:32.000 --> 21:35.000]  There was a criminal complaint filed, so there was a case.
[21:35.000 --> 21:40.000]  So the brother files this affidavit, and I'll go ahead and read this.
[21:40.000 --> 21:46.000]  And actually, kudos to Alan because this was Alan's idea.
[21:46.000 --> 21:54.000]  We encouraged Alan to do his own legal research while he was in jail, actually on a different case.
[21:54.000 --> 22:04.000]  And he came up with this idea of having the only person who could possibly be a competent fact witness file an affidavit in the case.
[22:04.000 --> 22:07.000]  All right, saying, hey, I ain't going to be a witness.
[22:07.000 --> 22:08.000]  You don't have a case.
[22:08.000 --> 22:09.000]  So let me read this.
[22:09.000 --> 22:17.000]  And again, kudos to Alan and kudos to Randy for encouraging people to take matters into their own hands on these issues.
[22:17.000 --> 22:19.000]  So here's the affidavit.
[22:19.000 --> 22:24.000]  Before me, the undersigned authority on this, okay, this is the notary, okay?
[22:24.000 --> 22:26.000]  This is like the notary's statement.
[22:26.000 --> 22:37.000]  On this day, personally appeared Darryl, being of sound mind and body and above the age of 18, who swore an oath, states, quote, so this is actually what Darryl's stating, quote,
[22:37.000 --> 22:49.000]  I am the only competent fact witness in the above-numbered cause styled State of Texas v. Alan in which the defendant is charged with the offense of assault with bodily injury.
[22:49.000 --> 22:59.000]  It is my personal desire that defendant not be further prosecuted for this offense and that the case presently pending against defendant be dismissed.
[22:59.000 --> 23:03.000]  I do not wish to testify against defendant as a witness.
[23:03.000 --> 23:17.000]  I have not been threatened, coerced, or compelled to sign this affidavit in any manner, nor have I been offered any bribe or improper inducement as a benefit or reward for signing this affidavit.
[23:17.000 --> 23:22.000]  I am signing this affidavit knowingly, voluntarily, and freely.
[23:22.000 --> 23:30.000]  Okay, so that's the affidavit that got filed in the case before the grand jury, before the prosecutor brought the charge to the grand jury.
[23:30.000 --> 23:34.000]  Okay, so now, now for the good part.
[23:34.000 --> 23:38.000]  So Darryl files the affidavit in the case, all right?
[23:38.000 --> 23:53.000]  This should kill the case, all right? And so he, Darryl serves the prosecutor and the grand jury foreman via certified mail with the cop, with a copy of the affidavit.
[23:53.000 --> 23:59.000]  So here is, here is the letter to the prosecutor.
[23:59.000 --> 24:04.000]  And I'm reading all of this because I want to give the listeners, you know, an idea of how to handle something like this.
[24:04.000 --> 24:14.000]  Okay, greetings. Included is an affidavit by the only credible witness to the case at issue, here and after referred to as affiant.
[24:14.000 --> 24:18.000]  Affiant hereby gives notice that he will refuse to testify.
[24:18.000 --> 24:29.000]  Affiant respectfully requests that you present this affidavit to the grand jury in the spirit of the specific requirement of Texas Code of Criminal Procedure 2.01.
[24:29.000 --> 24:40.000]  While I understand that you may be acting in good faith reliance on Matney v. State, and I'm not going to read the entire citation on that.
[24:40.000 --> 24:42.000]  We can, we can post that if necessary.
[24:42.000 --> 24:49.000]  Okay, while you may be relying, acting in good faith reliance on Matney v. State, year 2002,
[24:49.000 --> 25:01.000]  it is affiant's understanding that said ruling is grossly misguided as the clear wording of Texas Code of Criminal Procedure 2.01, which makes the legislative intent clear that any evidence would show the,
[25:01.000 --> 25:10.000]  any evidence that would show the innocence of the accused or mitigate the guilt of the accused was intended to be presented to the grand jury.
[25:10.000 --> 25:22.000]  Where the alleged victim, an only credible witness who is intimately cognizant of all the relevant facts in the case is adamant that he feels that no crime has occurred,
[25:22.000 --> 25:34.000]  so much so that he has prepared this affidavit in acknowledgement of same failure to present this evidence to the grand jury would act to work a manifest injustice.
[25:34.000 --> 25:45.000]  Okay, so this is what Darryl, this is a cover letter that Darryl sends to the, serves, by certified mail, to the prosecutor with a copy of the affidavit.
[25:45.000 --> 25:50.000]  And so before we go any further, maybe we should analyze this situation here.
[25:50.000 --> 26:02.000]  Basically what Darryl is doing is he's invoking the prosecutor's duty to present an exculpatory evidence to the grand jury, i.e. this affidavit.
[26:02.000 --> 26:17.000]  And so apparently there's a little bit of a conflict here regarding Texas Code of Criminal Procedure and this Matney v. State ruling.
[26:17.000 --> 26:23.000]  Okay, so Randy, do you want to discuss that case here for just a few minutes before we go on?
[26:23.000 --> 26:31.000]  Well, I didn't get a chance to read Matney v. State. I think I read it at the time, but I've slept since then.
[26:31.000 --> 26:38.000]  But this goes to the politics, regardless of what the law said.
[26:38.000 --> 26:54.000]  What that affidavit told the prosecutor is that if you try to prosecute this case, I'm the only witness and I'm going to get up in front of the jury and say there was no injury, there was no crime.
[26:54.000 --> 26:59.000]  This is a malicious prosecution and the prosecutor did not want to risk that happening.
[26:59.000 --> 27:02.000]  Okay, yes, absolutely.
[27:02.000 --> 27:12.000]  And suffice it to say that obviously because of the, maybe on the break Randy can look up the Matney case again.
[27:12.000 --> 27:21.000]  Randy did help with this letter, by the way, so that was some of the language that Randy suggested be inserted.
[27:21.000 --> 27:33.000]  So apparently this Matney case sort of apparently gives the prosecutor an out as far as presenting sculptural evidence, but that's not really the way that it is.
[27:33.000 --> 27:36.000]  Okay, so this is a letter to the prosecutor.
[27:36.000 --> 27:48.000]  And now here's the cover letter to the grand jury, which was sent certified mail to the office of the grand jury, which of course all such mail is intercepted by the prosecutor.
[27:48.000 --> 28:02.000]  This is another political move so that if the letter never gets to the foreman of the grand jury, well now you get to call the postmaster general on the prosecutor for intercepting mail.
[28:02.000 --> 28:06.000]  Okay, so here's the letter to the foreman of the grand jury.
[28:06.000 --> 28:22.000]  The prosecuting attorney, okay it says notice of exculpatory evidence and for folks that don't know what that means, exculpatory evidence means evidence that would exonerate the accused, in other words prove the innocence or kill the case in some manner or other.
[28:22.000 --> 28:30.000]  Okay, it says the prosecuting attorney is attempting to get my brother indicted for an incident for which he was not responsible.
[28:30.000 --> 28:34.000]  My brother and I had a typical family squabble.
[28:34.000 --> 28:41.000]  After my brother left in order to prevent the disagreement from getting out of hand, my mother called the police on me.
[28:41.000 --> 28:44.000]  She tends to be a bit theatrical.
[28:44.000 --> 28:54.000]  Instead of arresting and charging me, since my brother has had issues in the past, they arrested him when he came back home.
[28:54.000 --> 28:56.000]  This is not a criminal issue.
[28:56.000 --> 28:59.000]  My brother did nothing for which he should be charged.
[28:59.000 --> 29:09.000]  I filed an affidavit with the prosecuting attorney stating that I will not testify, but he seems intent on putting my brother in prison for what was simply a case of two brothers disagreeing.
[29:09.000 --> 29:12.000]  I absolutely refuse to testify against my brother.
[29:12.000 --> 29:17.000]  The prosecutor has been given notice that I refuse to testify, but he does not care.
[29:17.000 --> 29:32.000]  He only wants to use Alan's past as a lever to force him to take a deal that will put him on probation for a longer period of time so that the county can keep collecting probation fees from him.
[29:32.000 --> 29:40.000]  Okay, and this is another instance of politics because we knew this letter would never get to the foreman of the grand jury.
[29:40.000 --> 29:42.000]  So basically this is what I call a bank shot.
[29:42.000 --> 29:47.000]  This is another form of communication directed at the prosecutor.
[29:47.000 --> 29:55.000]  Hopefully the grand jury would actually get it, but it's a bank shot at the prosecutor letting him know that he's going to be in even more trouble.
[29:55.000 --> 29:57.000]  So we will be right back, folks.
[29:57.000 --> 30:00.000]  This is the rule of law.
[30:00.000 --> 30:04.000]  Turnabout is fair play unless you're videotaping the cops.
[30:04.000 --> 30:09.000]  While police can freely film the public, citizens doing the same could wind up in handcuffs.
[30:09.000 --> 30:14.000]  I'm Dr. Catherine Albrecht, and I'll tell you more about policing the police in just a moment.
[30:14.000 --> 30:22.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[30:22.000 --> 30:23.000]  That's creepy.
[30:23.000 --> 30:25.000]  But it doesn't have to be that way.
[30:25.000 --> 30:28.000]  Startpage.com is the world's most private search engine.
[30:28.000 --> 30:34.000]  Startpage doesn't store your IP address, make a record of your searches, or use tracking cookies, and they're third-party certified.
[30:34.000 --> 30:39.000]  If you don't like Big Brother spying on you, start over with Startpage.
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[30:44.000 --> 30:47.000]  Filming the police could land you in the slammer.
[30:47.000 --> 30:49.000]  Case in point, Anthony Gruber.
[30:49.000 --> 30:57.000]  Arrested after posting footage of his speeding citation on YouTube, he faced a 16-year prison term for wiretapping.
[30:57.000 --> 31:05.000]  His footage featured a plainclothes state trooper jumping out of an unmarked car, screaming at Gruber and brandishing a gun before identifying himself.
[31:05.000 --> 31:09.000]  Gruber spent 26 hours in jail and had his computer seized.
[31:09.000 --> 31:14.000]  While his case was later thrown out of Maryland court, videographers in other states could be convicted.
[31:14.000 --> 31:18.000]  Documenting police practices empowers the people and should be legal.
[31:18.000 --> 31:20.000]  I say let the cameras roll.
[31:20.000 --> 31:22.000]  It might just put the civil back in civil servant.
[31:22.000 --> 31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:12.000 --> 32:19.000]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
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[33:02.000 --> 33:13.000]  Live, free speech radio, LogosRadioNetwork.com.
[33:13.000 --> 33:19.000]  Yeah, Mr. Officer, you're taking the line at hand.
[33:19.000 --> 33:23.000]  Won't you follow the law of the land?
[33:23.000 --> 33:26.000]  I don't understand.
[33:26.000 --> 33:29.000]  The job is to protect our service.
[33:29.000 --> 33:32.000]  Not be an abuse.
[33:32.000 --> 33:34.000]  Officer!
[33:34.000 --> 33:58.000]  When are they going to stop abusing their power?
[33:58.000 --> 34:01.000]  Folks, they never will until we stop them.
[34:01.000 --> 34:09.000]  And so this is a case study here on details of what to do in these types of situations,
[34:09.000 --> 34:17.000]  especially when there are, you know, curve balls like somebody's on probation and they get arrested for something.
[34:17.000 --> 34:18.000]  Now it's a probation violation.
[34:18.000 --> 34:19.000]  You can't just bail them out.
[34:19.000 --> 34:21.000]  You can't just file a habeas.
[34:21.000 --> 34:25.000]  You have to start getting creative and work in the situation,
[34:25.000 --> 34:34.000]  especially when you've got defense attorneys that are working against you and members of your family that are working against you,
[34:34.000 --> 34:43.000]  namely in this situation, the mom, because, of course, the mom, who, as Daryl said, tends to be a bit theatrical.
[34:43.000 --> 34:46.000]  That's his words, not mine.
[34:46.000 --> 34:52.000]  You know, of course, she doesn't want to listen to anything we have to say because she buys into the legal system.
[34:52.000 --> 34:55.000]  That's why she hired this attorney.
[34:55.000 --> 34:57.000]  And she just wants to do what the attorney says.
[34:57.000 --> 35:05.000]  And, of course, the attorney, all she does, Amanda, the attorney, all Amanda wants to do is cut a deal and just placate the prosecutor.
[35:05.000 --> 35:09.000]  OK, as Randy has said before, this is the way it works.
[35:09.000 --> 35:14.000]  And it has to work this way because they are in this business.
[35:14.000 --> 35:25.000]  And if they actually fight for their clients' rights, well, especially in a situation like this where a client is obviously innocent,
[35:25.000 --> 35:30.000]  there's no competent fact witness, the prosecutor doesn't have a case.
[35:30.000 --> 35:38.000]  OK, of course, the right moral thing to do is for the defense attorney to pressure the prosecutor to drop the case
[35:38.000 --> 35:42.000]  or to file a motion to dismiss and things like this and actually fight for the case,
[35:42.000 --> 35:47.000]  fight for the defendant's rights.
[35:47.000 --> 35:56.000]  But if the defense attorney does this, well, then the next time around when Amanda has to deal with this prosecutor,
[35:56.000 --> 36:04.000]  say Amanda has a client that actually, you know, has the deck stacked against them or her.
[36:04.000 --> 36:13.000]  And legitimately in that situation, it would be a good idea to try to negotiate a deal with the prosecutor
[36:13.000 --> 36:15.000]  because there's so much evidence against the defendant.
[36:15.000 --> 36:20.000]  Well, if Amanda actually fights for the rights of someone like Alan,
[36:20.000 --> 36:27.000]  then when it comes time to negotiate a deal in a situation where it would be a good idea to negotiate a deal,
[36:27.000 --> 36:35.000]  well, then the prosecutor is going to sock it to Amanda's next client and not offer such a good deal, you know.
[36:35.000 --> 36:42.000]  And the judge may not be too kind on that next client as well
[36:42.000 --> 36:49.000]  because the defense attorney is throwing kinks, you know, throwing sand into the gears of the court system
[36:49.000 --> 36:53.000]  and things aren't running so smoothly.
[36:53.000 --> 36:56.000]  So this is about politics, as Randy said before.
[36:56.000 --> 37:03.000]  Okay, so speaking of politics, all right, so this second letter was a bank shot, all right, at the prosecutor
[37:03.000 --> 37:08.000]  because obviously we knew the prosecutor is not going to read, the prosecutor is going to read this letter.
[37:08.000 --> 37:10.000]  The prosecutor is going to intercept the mail.
[37:10.000 --> 37:19.000]  Well, shortly after these letters were sent and also, by the way, a copy of this affidavit was also served to Amanda, by the way.
[37:19.000 --> 37:22.000]  There was no cover letter to Amanda.
[37:22.000 --> 37:29.000]  There was just copies of these other two letters along with the affidavit sent to Amanda by certified mail.
[37:29.000 --> 37:36.000]  Okay, so Amanda, the defense attorney who was hired, the prosecutor and the former of the grand jury were served via certified mail.
[37:36.000 --> 37:43.000]  All right, and so then soon thereafter, Alan gets indicted.
[37:43.000 --> 37:46.000]  Okay, so this tells us something.
[37:46.000 --> 37:52.000]  Obviously, this exculpatory evidence was not presented to the grand jury.
[37:52.000 --> 37:57.000]  Otherwise, they wouldn't have indicted him, I wouldn't think, unless they were brain dead.
[37:57.000 --> 38:07.000]  So we knew there were problems here and now we have to figure out how to force the issue of getting poor Alan off the hook here
[38:07.000 --> 38:18.000]  because what's going to end up happening now that there's an indictment is prosecutors just going to sell the case for who knows how long and never bring it to trial
[38:18.000 --> 38:24.000]  and keep continuing to squeeze poor Alan for a deal even though there's an affidavit in the case.
[38:24.000 --> 38:25.000]  What are you going to do?
[38:25.000 --> 38:28.000]  Okay, well, there's different things that we can do here.
[38:28.000 --> 38:33.000]  We can pressure the defense attorney, which there was some of that.
[38:33.000 --> 38:36.000]  I will get to that in a little bit.
[38:36.000 --> 38:41.000]  You can also go to the right to speedy trial.
[38:41.000 --> 38:48.000]  Well, there are problems with trying to argue speedy trial in Texas, and we will discuss that later.
[38:48.000 --> 38:57.000]  This is one of the main points of this case study here is we're going to lead into the issues concerning speedy trial in Texas.
[38:57.000 --> 39:00.000]  It's not so cut and dry as it used to be.
[39:00.000 --> 39:08.000]  It used to be on the books in statute 22, what is it, 22.01?
[39:08.000 --> 39:13.000]  32.02A.
[39:13.000 --> 39:25.000]  32.02A used to be very cut and dry, specific number of days for different types of levels of crimes where a case was required to bring to trial.
[39:25.000 --> 39:31.000]  That statute was struck down by the Texas Supreme Court in 2005.
[39:31.000 --> 39:34.000]  We're going to go over that later.
[39:34.000 --> 39:35.000]  We got some issues here.
[39:35.000 --> 39:40.000]  We still can't do the habeas, still can't do bail.
[39:40.000 --> 39:48.000]  It's going to be a hard road, an uphill battle to deal with speedy trial, especially with an attorney,
[39:48.000 --> 39:54.000]  because the defense attorney is going to have to fight for that speedy trial.
[39:54.000 --> 40:04.000]  Already, it's like pulling teeth just to get your attorney to file a motion to dismiss in a case like this.
[40:04.000 --> 40:08.000]  I'm going to continue along the timeline here.
[40:08.000 --> 40:13.000]  This was around the end of December that this affidavit was filed in the case.
[40:13.000 --> 40:17.000]  These covered letters were sent and served.
[40:17.000 --> 40:26.000]  The next thing we decided to do, easiest thing that we could do quickly, is start filing bar grievances.
[40:26.000 --> 40:33.000]  The father, who is not with the mother, hadn't been for a long time,
[40:33.000 --> 40:43.000]  the father decides to help out Alan and files bar grievance against the defense attorney Amanda for not filing a motion to dismiss in this case,
[40:43.000 --> 40:51.000]  which she should have the instant she found out that there was an affidavit like this filed in the case.
[40:51.000 --> 40:58.000]  Bar grievances were filed against the prosecutor and the defense attorney by the father.
[40:58.000 --> 41:07.000]  Unfortunately, those got returned because on the form, in Texas, they want you to stick to this form.
[41:07.000 --> 41:09.000]  It's really crazy.
[41:09.000 --> 41:25.000]  Basically, you have to sign that you are relinquishing this attorney that you're grieving from any liability regarding attorney-client privilege.
[41:25.000 --> 41:31.000]  The father didn't want to sign that because it's a moot point.
[41:31.000 --> 41:36.000]  Neither one of these attorneys represented him.
[41:36.000 --> 41:38.000]  He never hired either one of them.
[41:38.000 --> 41:44.000]  There was no attorney-client privilege because he wasn't a client of either one of those attorneys.
[41:44.000 --> 41:56.000]  But the state bar association, they just try to stonewall all these bar grievances and nitpick them and find anything they can to not have them actually filed.
[41:56.000 --> 41:59.000]  The bar grievances got sent back.
[41:59.000 --> 42:09.000]  Anyways, we were in the process of trying to deal with that when subsequent issues happened in this case.
[42:09.000 --> 42:12.000]  That happened with bar grievances.
[42:12.000 --> 42:15.000]  This is the beginning of January.
[42:15.000 --> 42:24.000]  We're still trying to deal with the bar grievance issue and figure out how we're going to put pressure on this defense attorney regarding this affidavit.
[42:24.000 --> 42:34.000]  I think actually there was some communication between the attorney and Darryl regarding this matter, but it never went anywhere.
[42:34.000 --> 42:39.000]  Now it's the end of February.
[42:39.000 --> 42:42.000]  We're on February 26th now.
[42:42.000 --> 42:45.000]  Remember, this arrest happened at the beginning of November.
[42:45.000 --> 43:02.000]  Now we're on the third month that poor Allen is sitting in jail and Darryl gets a message from the DA's office wanting Darryl to consult with victim services.
[43:02.000 --> 43:06.000]  So Darryl decided not to respond.
[43:06.000 --> 43:07.000]  Good move.
[43:07.000 --> 43:09.000]  No need to.
[43:09.000 --> 43:15.000]  All right. Now we're going to continue on March 5th.
[43:15.000 --> 43:17.000]  Okay.
[43:17.000 --> 43:22.000]  Darryl gets an email from the mom.
[43:22.000 --> 43:29.000]  So this is about a week or so later saying, quote, Allen's attorney, Amanda.
[43:29.000 --> 43:31.000]  Well, no, we're about to go to break.
[43:31.000 --> 43:33.000]  I'll read this email in a few minutes.
[43:33.000 --> 43:36.000]  We're getting close to the end of the case here.
[43:36.000 --> 43:39.000]  It's going to get really good here at the end.
[43:39.000 --> 43:44.000]  And then we'll start addressing case law related to these types of cases.
[43:44.000 --> 43:47.000]  All right, folks, this is the rule of law.
[43:47.000 --> 44:02.000]  Randy Kelton, Eddie Craig and Deborah Stevens will be right back after this short break.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from NaturesPureOrganics.com.
[44:06.000 --> 44:12.000]  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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[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:23.000 --> 46:27.000]  Okay folks, we are back. This is the rule of law.
[46:27.000 --> 46:33.000]  We're going over, we're doing a case study here tonight on how to be successful in these matters
[46:33.000 --> 46:40.000]  and walking the listeners through step-by-step just how this works and what to do.
[46:40.000 --> 46:51.000]  Even when you've got an attorney that isn't fighting for your rights and family members that are against you
[46:51.000 --> 46:54.000]  even though they don't realize that they are against you.
[46:54.000 --> 47:07.000]  Okay, so now here we are, we're at the beginning of March and Darryl gets an email from the mom.
[47:07.000 --> 47:10.000]  Now remember, the mom hired the defense attorney.
[47:10.000 --> 47:16.000]  So the mom and the defense attorney are in communication with each other about the case.
[47:16.000 --> 47:25.000]  Apparently, Allen signed over something giving Amanda permission to discuss the case with the mom.
[47:25.000 --> 47:31.000]  Okay, and here comes the email from the mom to Darryl.
[47:31.000 --> 47:35.000]  This is on March 5th of last year.
[47:35.000 --> 47:47.000]  It says, Allen's attorney, Amanda, says if you call any victims witness coordinator like so-and-so
[47:47.000 --> 47:55.000]  and say that you don't want to testify against Allen and don't want him prosecuted, that they'll probably drop it.
[47:55.000 --> 48:01.000]  I know you already wrote them that, but this is what Amanda said.
[48:01.000 --> 48:08.000]  The number is blah, you have to tell them the cause number, blah.
[48:08.000 --> 48:16.000]  I just told Amanda you'd already filed a form about not wanting to prosecute and Amanda said, quote,
[48:16.000 --> 48:18.000]  they want contact.
[48:18.000 --> 48:26.000]  If Darryl will go and talk to them or at least call, that could make all the difference, end quote.
[48:26.000 --> 48:27.000]  That's the email.
[48:27.000 --> 48:28.000]  So let's check out this email here.
[48:28.000 --> 48:34.000]  Okay, so obviously the mom does not understand what's going on here as far as what Darryl did.
[48:34.000 --> 48:40.000]  Darryl never told victims witness coordinator or victim services anything.
[48:40.000 --> 48:42.000]  He never talked to them.
[48:42.000 --> 48:45.000]  He didn't file a form with them.
[48:45.000 --> 48:52.000]  He filed an affidavit in the case with the clerk of the court, in the record of the court, in the case docket.
[48:52.000 --> 49:01.000]  Okay, and also it's like she's saying if you call victims services and say you don't want to testify,
[49:01.000 --> 49:03.000]  they'll probably drop it.
[49:03.000 --> 49:09.000]  Okay, victims services is a social worker entity.
[49:09.000 --> 49:12.000]  They're not the ones who are in charge of the prosecution.
[49:12.000 --> 49:14.000]  The prosecutor is.
[49:14.000 --> 49:18.000]  Okay, so she's obviously just going on what this attorney is telling her.
[49:18.000 --> 49:20.000]  Okay, so Darryl doesn't do it.
[49:20.000 --> 49:22.000]  Darryl isn't going to call them.
[49:22.000 --> 49:24.000]  All right, so moving on.
[49:24.000 --> 49:40.000]  The next thing that happens, the next day, okay, the very next day, Darryl gets an email directly from Amanda, Alan's defense attorney.
[49:40.000 --> 49:42.000]  And here's what it says.
[49:42.000 --> 49:44.000]  And this is really, really good, folks.
[49:44.000 --> 49:49.000]  This tells you that this really exposes these defense attorneys and what they're really all about.
[49:49.000 --> 50:02.000]  Okay, the email from Amanda to Darryl says, Darryl, will you please do Alan a favor and contact the DA's office?
[50:02.000 --> 50:07.000]  Ask for so-and-so, the victim witness coordinator.
[50:07.000 --> 50:09.000]  The main number is so-and-so.
[50:09.000 --> 50:16.000]  I understand that you may have contacted them in the past, but the case was not assigned to a prosecutor.
[50:16.000 --> 50:20.000]  Therefore, any communication tends to get lost in the ether.
[50:20.000 --> 50:24.000]  So-and-so has been assigned to your brother's case.
[50:24.000 --> 50:28.000]  That's the prosecutor, okay?
[50:28.000 --> 50:31.000]  A certain prosecutor has been assigned to your brother's case.
[50:31.000 --> 50:45.000]  He asked me to have you contact so-and-so at the victim's services office to let her know what you would like to have happen with the case.
[50:45.000 --> 50:50.000]  If you could please contact the DA's office and go in for an interview, it could help your brother.
[50:50.000 --> 50:53.000]  If you have any questions, I'd be happy to answer them.
[50:53.000 --> 50:55.000]  Okay, so, end of email.
[50:55.000 --> 51:12.000]  All right, so now we see here, Amanda never even acknowledged or admitted that she received service of the copy of the affidavit with a copy of the two cover letters,
[51:12.000 --> 51:14.000]  the one to the prosecutor and the one to the grand jury.
[51:14.000 --> 51:18.000]  She just completely acted like she never even got that.
[51:18.000 --> 51:27.000]  She was acting like she did not know at all that Darryl had filed an affidavit in the court record of the case.
[51:27.000 --> 51:32.000]  Okay, this email, I mean, what slime, okay?
[51:32.000 --> 51:40.000]  I understand that you may have contacted them talking about victim services or the DA's office.
[51:40.000 --> 51:43.000]  I understand you may have contacted them in the past.
[51:43.000 --> 51:44.000]  No, we didn't.
[51:44.000 --> 51:46.000]  I mean, well, not directly.
[51:46.000 --> 51:56.000]  I mean, he served the DA's office with a copy of the affidavit that he filed, and he wasn't even really required to do that, by the way.
[51:56.000 --> 52:00.000]  I mean, the district attorney would have seen that anyway, okay?
[52:00.000 --> 52:13.000]  So, I mean, this is just more lying, and now Amanda's trying to pressure Darryl to have some kind of communication with the prosecutor,
[52:13.000 --> 52:17.000]  which is completely unnecessary because the affidavit had been filed in the case.
[52:17.000 --> 52:18.000]  Rainey, are you wanting to say something?
[52:18.000 --> 52:20.000]  Yeah, I want to say something about this.
[52:20.000 --> 52:32.000]  The reason we suggested that he not do that is they didn't expect him to show up at trial or they didn't expect to be able to use him as a witness.
[52:32.000 --> 52:33.000]  No, absolutely not.
[52:33.000 --> 52:36.000]  They just intended on squeezing Alan for a deal the whole time.
[52:36.000 --> 52:46.000]  Well, if they could have conned him into talking to victim services, then victim services could go in his place and lie like dogs.
[52:46.000 --> 52:47.000]  Absolutely.
[52:47.000 --> 52:59.000]  And if you don't think they will go in there and perjure themselves and lie like dogs with absolute impunity, you're likely to wind up in jail.
[52:59.000 --> 53:00.000]  Yep.
[53:00.000 --> 53:01.000]  You cannot trust them.
[53:01.000 --> 53:20.000]  No, you cannot, and whether you are a defendant in a case or they're trying to get you to be a witness in a case like what happened here with Darryl, you never, ever want to talk to these people outside the court record, period.
[53:20.000 --> 53:25.000]  If you have something you want to say to the prosecutor, you file it as an affidavit.
[53:25.000 --> 53:31.000]  I mean, basically, whatever you have to say, you file it in the court record.
[53:31.000 --> 53:33.000]  You don't go talking to these people.
[53:33.000 --> 53:40.000]  You especially don't go talking to social services surrounding the whole criminal justice system.
[53:40.000 --> 53:42.000]  Don't talk to victim services.
[53:42.000 --> 53:44.000]  Don't talk to any of these people.
[53:44.000 --> 53:45.000]  Don't talk to the prosecutor.
[53:45.000 --> 53:48.000]  Especially if you're a defendant, do not talk to the prosecutor.
[53:48.000 --> 53:55.000]  If you get trapped into talking to them, make sure you have a recorder and put it out on the table.
[53:55.000 --> 53:59.000]  Yeah, and if you get trapped into talking to them, I would just say, I have nothing to say to you.
[53:59.000 --> 54:01.000]  You don't have to open your mouth.
[54:01.000 --> 54:09.000]  Remember, anything you say can and will be used against you or against somebody that you care about.
[54:09.000 --> 54:19.000]  Okay, so now we've got the defense attorney, Allen's defense attorney, trying to pressure and schmooze Darryl
[54:19.000 --> 54:27.000]  into having a conversation via telephone with the victim services and the defense attorney, you know,
[54:27.000 --> 54:30.000]  even saying, oh, cool, they want contact.
[54:30.000 --> 54:35.000]  Even if he sent them something in the past, it will make all the difference in the world, you know,
[54:35.000 --> 54:42.000]  and the mom is pressuring Darryl to do this, you know, various communications, you know.
[54:42.000 --> 54:44.000]  Don't you want what's best for your brother?
[54:44.000 --> 54:45.000]  Don't you want him out of jail?
[54:45.000 --> 54:49.000]  I mean, come on when this woman is the one who called the cops in the first place
[54:49.000 --> 54:51.000]  and Darryl told her that this would happen.
[54:51.000 --> 54:53.000]  Okay, never mind that.
[54:53.000 --> 54:54.000]  Okay, never mind.
[54:54.000 --> 54:56.000]  Okay, enough commentary on that issue.
[54:56.000 --> 55:03.000]  So this happens on the 5th, okay, of March of 2014.
[55:03.000 --> 55:11.000]  Okay, so after this, you know, cheesy email, you know, sleazy email, I should say,
[55:11.000 --> 55:19.000]  from this Amanda defense attorney that was hired, okay, Darryl writes this back.
[55:19.000 --> 55:21.000]  And this is just beautiful.
[55:21.000 --> 55:23.000]  I love this email.
[55:23.000 --> 55:31.000]  Okay, Darryl writes to Amanda, dear Amanda, and he writes back the very next day,
[55:31.000 --> 55:35.000]  very next morning, early in the, very early in the morning.
[55:35.000 --> 55:40.000]  Okay, this is on the 7th.
[55:40.000 --> 55:45.000]  Okay, yes, that email from Amanda happened on the 6th.
[55:45.000 --> 55:51.000]  Okay, right, on the 5th, Darryl gets an email from the mom pressuring him to talk to the DA
[55:51.000 --> 55:55.000]  and the victim's witnesses trying to relay information from Amanda.
[55:55.000 --> 55:56.000]  He doesn't do it.
[55:56.000 --> 55:59.000]  On the 6th, Amanda sends Darryl an email directly.
[55:59.000 --> 56:00.000]  Okay, I just read it.
[56:00.000 --> 56:05.000]  On the 7th, Darryl writes back Amanda, email.
[56:05.000 --> 56:13.000]  Dear Amanda, I have already filed an affidavit in the case with the court
[56:13.000 --> 56:20.000]  and served both the district attorney and you via certified mail,
[56:20.000 --> 56:24.000]  notifying everyone that I will not testify against Alan.
[56:24.000 --> 56:29.000]  This affidavit is already part of the court record of the case.
[56:29.000 --> 56:35.000]  There is no reason for any further investigation, interviews, or meetings.
[56:35.000 --> 56:39.000]  I have nothing to say to the prosecutor or victim services,
[56:39.000 --> 56:43.000]  especially outside of the court record.
[56:43.000 --> 56:47.000]  I've made my position clear on the record with the court,
[56:47.000 --> 56:51.000]  and the district attorney does not have a case against Alan
[56:51.000 --> 56:56.000]  because it is now in the court record that there is no competent fact witness.
[56:56.000 --> 57:02.000]  I am aware that Alan, your client, has requested that you file a motion
[57:02.000 --> 57:07.000]  to dismiss the case due to lack of competent fact witness.
[57:07.000 --> 57:13.000]  As of Monday, March 3rd, there was none in the file in the clerk's office,
[57:13.000 --> 57:19.000]  and if you are not in the process of filing that document on Alan's behalf,
[57:19.000 --> 57:23.000]  I believe that you may be in breach of your duty to your client
[57:23.000 --> 57:26.000]  and possibly risk a malpractice suit against you.
[57:26.000 --> 57:31.000]  It is certainly not fair to your client to let him sit in jail
[57:31.000 --> 57:37.000]  all the way up until the day of the trial when the case would be dismissed anyway.
[57:37.000 --> 57:45.000]  Alan and all of us, his family and friends, expect to see that motion to dismiss
[57:45.000 --> 57:48.000]  filed with the court as soon as possible.
[57:48.000 --> 57:51.000]  Thank you for your understanding. Best regards, Daryl.
[57:51.000 --> 57:55.000]  Okay, so this is how you have to handle these people, all right?
[57:55.000 --> 58:01.000]  And yes, I know it's taken an hour so far to tell the story up until this point.
[58:01.000 --> 58:04.000]  We will continue on the other side.
[58:04.000 --> 58:07.000]  A real cliffhanger here, folks.
[58:07.000 --> 58:11.000]  Y'all are, I'm just going to leave y'all on the edge of your seats
[58:11.000 --> 58:13.000]  wondering how it all ends.
[58:13.000 --> 58:16.000]  We get to the cock-a-doodle-doo part on the other side.
[58:16.000 --> 58:19.000]  We get to the crowing part on the other side
[58:19.000 --> 58:22.000]  and the discussion of the case on the other side.
[58:22.000 --> 58:26.000]  But yeah, folks, you just, you have to manhandle these people.
[58:26.000 --> 58:30.000]  Do not believe them. They are all a pack of liars.
[58:30.000 --> 58:34.000]  Remember, the defense attorney is not there for you.
[58:34.000 --> 58:38.000]  They are there to sell you down the river, and most especially,
[58:38.000 --> 58:44.000]  they are there to make sure that no evidence, if it even goes to trial,
[58:44.000 --> 58:46.000]  they're there to make sure no evidence gets on the record
[58:46.000 --> 58:48.000]  that you could have an appeal, all right?
[58:48.000 --> 58:50.000]  So we'll be right back.
[59:18.000 --> 59:22.000]  Difficult and profound passages are opened up in a marvelous way,
[59:22.000 --> 59:25.000]  providing an entrance into the riches of the Word
[59:25.000 --> 59:28.000]  beyond what you've ever experienced before.
[59:28.000 --> 59:31.000]  Bibles for America would like to give you a free recovery version
[59:31.000 --> 59:33.000]  simply for the asking.
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[59:43.000 --> 59:47.000]  or by ordering online at freestudybible.com.
[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 59:56.000]  You're listening to the Logos Radio Network
[59:56.000 --> 01:00:00.000]  and logosradionetwork.com.
[01:00:00.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:07.000 --> 01:00:09.000]  online at thelibertybeat.com.
[01:00:09.000 --> 01:00:13.000]  I'm Brian Hagan with your Liberty Beat for Thursday, February 5, 2015.
[01:00:13.000 --> 01:00:18.000]  Gold is trading at $1,272, silver at $17.47,
[01:00:18.000 --> 01:00:21.000]  and bitcoin is trading around $224.
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[01:00:55.000 --> 01:00:59.000]  In the news, Wednesday afternoon, Ross Ulbricht, creator of the Silk Road,
[01:00:59.000 --> 01:01:04.000]  was found guilty on seven charges related to conspiracy to traffic and distribute narcotics.
[01:01:04.000 --> 01:01:06.000]  Jurors spent just over three hours deliberating.
[01:01:06.000 --> 01:01:08.000]  Ulbricht will be sentenced May 15.
[01:01:08.000 --> 01:01:09.000]  He's facing life in prison.
[01:01:09.000 --> 01:01:13.000]  Supporters reacted with sadness and frustration at the jury's decision.
[01:01:13.000 --> 01:01:18.000]  Ulbricht's mother, Lynn, called the decision a travesty.
[01:01:18.000 --> 01:01:22.000]  The so-called 20th hijacker has released a statement from prison
[01:01:22.000 --> 01:01:28.000]  detailing the role of Saudi Arabia's royal family in financing terror attacks, including 9-11.
[01:01:28.000 --> 01:01:31.000]  Zacharias Moussaoui, a former al-Qaeda operative,
[01:01:31.000 --> 01:01:33.000]  discussed Saudi royalty funding terrorist attacks,
[01:01:33.000 --> 01:01:36.000]  including a plan to shoot down Air Force One.
[01:01:36.000 --> 01:01:39.000]  The Saudi embassy released a statement denying any involvement in 9-11
[01:01:39.000 --> 01:01:44.000]  and claimed the 9-11 commission found the Saudi government and officials were not involved.
[01:01:44.000 --> 01:01:46.000]  Despite the statement from the Saudi embassy,
[01:01:46.000 --> 01:01:49.000]  former Senator Bob Graham said he's convinced the Saudi government funded
[01:01:49.000 --> 01:01:53.000]  at least some of the terrorists who carried out the September 11 attacks.
[01:01:53.000 --> 01:01:58.000]  Graham is the former co-chairman of the Joint Congressional Inquiry into the attacks.
[01:01:58.000 --> 01:02:04.000]  A high-tech office in Sweden has begun implanting RFID chips in employees' hands.
[01:02:04.000 --> 01:02:08.000]  APA Center recently told the BBC that employees can open doors
[01:02:08.000 --> 01:02:12.000]  and operate devices by using the chip implanted under the skin.
[01:02:12.000 --> 01:02:15.000]  The company stated they were interested in understanding the technology
[01:02:15.000 --> 01:02:19.000]  before corporations and government began using the technology in the mainstream world.
[01:02:19.000 --> 01:02:22.000]  This broadcast is brought to you by Silver Botanicals,
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[01:02:53.000 --> 01:02:57.000]  This is the Liberty Beat for Thursday, February 5, 2015.
[01:02:57.000 --> 01:03:03.000]  Check out the website at thelibertybeat.com.
[01:03:27.000 --> 01:03:43.000]  Okay, folks, we are back.
[01:03:43.000 --> 01:03:45.000]  This is the rule of law.
[01:03:45.000 --> 01:03:48.000]  Randy Kelton, Eddie Craig and Deborah Stevens.
[01:03:48.000 --> 01:03:53.000]  All right, we're doing a case study here on a real, bona fide, legitimate case that did happen.
[01:03:53.000 --> 01:03:55.000]  I've changed the names to protect the innocent.
[01:03:55.000 --> 01:03:59.000]  Okay, and we are getting towards the end here.
[01:03:59.000 --> 01:04:03.000]  I had the cliffhanger on the right before the break.
[01:04:03.000 --> 01:04:15.000]  And okay, so early the morning of March 7, Darryl sends his reply to Amanda, in my opinion,
[01:04:15.000 --> 01:04:20.000]  Sleazeball, a defense attorney representing Allen.
[01:04:20.000 --> 01:04:27.000]  All right, so that was very early in the morning on the 7th of March.
[01:04:27.000 --> 01:04:33.000]  Okay, Amanda did not respond all day long.
[01:04:33.000 --> 01:04:49.000]  However, at 2.30 in the afternoon on the same day, Darryl gets an email from the mom
[01:04:49.000 --> 01:04:52.000]  that Darryl had sent earlier in the morning.
[01:04:52.000 --> 01:05:00.000]  Apparently, the mom and Amanda had been in discussion about this email,
[01:05:00.000 --> 01:05:05.000]  about this reply that Darryl had sent earlier in the morning.
[01:05:05.000 --> 01:05:12.000]  And apparently also before that Darryl had told the mom that he's absolutely not going to talk to the DA
[01:05:12.000 --> 01:05:16.000]  or victim services or anyone else outside the court record
[01:05:16.000 --> 01:05:21.000]  because it could indeed jeopardize the case.
[01:05:21.000 --> 01:05:23.000]  It could work against Allen.
[01:05:23.000 --> 01:05:28.000]  Remember, anything you say can and will be used against you or against someone you love.
[01:05:28.000 --> 01:05:31.000]  Do not believe a word these people say.
[01:05:31.000 --> 01:05:36.000]  Like Randy says, how do you know they're lying if their mouth is moving?
[01:05:36.000 --> 01:05:39.000]  You have to use your common sense.
[01:05:39.000 --> 01:05:47.000]  You've got to have some discernment and know how the law works so that you can basically,
[01:05:47.000 --> 01:05:50.000]  you have to run the case whether you have an attorney or not.
[01:05:50.000 --> 01:05:56.000]  Okay, so 2.30 in the afternoon, Darryl gets an email from the mom saying,
[01:05:56.000 --> 01:06:05.000]  I told Amanda, Allen's attorney, what you feared about talking with the DA's office.
[01:06:05.000 --> 01:06:13.000]  She said that ex parte is, quote, when you talk to a judge without opposing counsel present,
[01:06:13.000 --> 01:06:19.000]  what I am asking Darryl to do is talk to the DA, not the judge.
[01:06:19.000 --> 01:06:22.000]  Whatever he says cannot be used against Allen.
[01:06:22.000 --> 01:06:24.000]  That would be called hearsay.
[01:06:24.000 --> 01:06:30.000]  Hopefully this allays your fears and frees you to, okay, end of quote.
[01:06:30.000 --> 01:06:35.000]  Okay, so what a liar, okay?
[01:06:35.000 --> 01:06:39.000]  Whatever Darryl says cannot be used against Allen, that would be hearsay.
[01:06:39.000 --> 01:06:45.000]  Nothing could be further from the truth, especially if he talked to these social workers
[01:06:45.000 --> 01:06:50.000]  because all they would have to do at that point is call these social workers in,
[01:06:50.000 --> 01:06:55.000]  as Randy said, as a witness, and then they lie like a dog on the witness stand.
[01:06:55.000 --> 01:06:57.000]  You're dead, okay?
[01:06:57.000 --> 01:06:59.000]  You're dead meat.
[01:06:59.000 --> 01:07:06.000]  I mean, yes, technically, if they tried to say there could be some hearsay involved,
[01:07:06.000 --> 01:07:11.000]  but if somebody is a witness, then there's no hearsay.
[01:07:11.000 --> 01:07:13.000]  That's witness testimony.
[01:07:13.000 --> 01:07:18.000]  Okay, so the mom tells, again, remember, the mom's totally buying into the system, okay?
[01:07:18.000 --> 01:07:23.000]  So the mom tells Darryl, hopefully this allays your fears
[01:07:23.000 --> 01:07:30.000]  and frees you to contact the DA's office to help Alex to be released by May 26th.
[01:07:30.000 --> 01:07:32.000]  Oh my gosh, I forgot about that part.
[01:07:32.000 --> 01:07:35.000]  Folks, remember, it's March 7th.
[01:07:35.000 --> 01:07:44.000]  And the mom and Amanda, the defense attorney, are saying maybe she meant March 26th.
[01:07:44.000 --> 01:07:47.000]  Yeah, I think she meant March.
[01:07:47.000 --> 01:07:53.000]  Anyways, be released by a long time past when he should have.
[01:07:53.000 --> 01:07:55.000]  Let's just put it that way.
[01:07:55.000 --> 01:07:57.000]  I'm going to paraphrase the email there.
[01:07:57.000 --> 01:07:58.000]  Back to the email.
[01:07:58.000 --> 01:08:03.000]  That will make approximately three months since he was first incarcerated.
[01:08:03.000 --> 01:08:06.000]  Enough, I think, don't you?
[01:08:06.000 --> 01:08:09.000]  Yeah, I think so.
[01:08:09.000 --> 01:08:12.000]  So, okay, so now we're at this point.
[01:08:12.000 --> 01:08:14.000]  Now we're at a crucial juncture.
[01:08:14.000 --> 01:08:16.000]  Before I go on to what happened next,
[01:08:16.000 --> 01:08:20.000]  let's go into just a tad bit of analysis here.
[01:08:20.000 --> 01:08:26.000]  We are at a very vulnerable point in the case for poor Allen
[01:08:26.000 --> 01:08:33.000]  because now we're at a point where the affidavit had been filed the end of December.
[01:08:33.000 --> 01:08:35.000]  Here we are at the beginning of March.
[01:08:35.000 --> 01:08:39.000]  The defense attorney has not filed a motion to dismiss.
[01:08:39.000 --> 01:08:44.000]  The defense attorney is acting like she never got a service of the affidavit.
[01:08:44.000 --> 01:08:51.000]  She is completely ignoring the email reply from Darryl.
[01:08:51.000 --> 01:08:59.000]  Through the mother, Amanda is still attempting to pressure Darryl to go talk to victim services.
[01:08:59.000 --> 01:09:00.000]  I mean, I don't get it.
[01:09:00.000 --> 01:09:03.000]  The affidavit had already been filed in the case.
[01:09:03.000 --> 01:09:08.000]  Obviously, the only reason that Amanda wanted him to go talk to victim services
[01:09:08.000 --> 01:09:15.000]  or the DA's office so bad is so that they could try to get something out of him that they could use against Allen.
[01:09:15.000 --> 01:09:18.000]  I mean, there's no other reason for it.
[01:09:18.000 --> 01:09:21.000]  And also for Amanda to basically save her own career
[01:09:21.000 --> 01:09:24.000]  because she's just trying to go along with the flow and do what the DA wants,
[01:09:24.000 --> 01:09:27.000]  which is to squeeze Allen for a deal.
[01:09:27.000 --> 01:09:31.000]  So we're at a sensitive point in the case, and here's why.
[01:09:31.000 --> 01:09:37.000]  Speedy trial issue in Texas is like a Pandora's box.
[01:09:37.000 --> 01:09:43.000]  It was overthrown the actual specific number of days,
[01:09:43.000 --> 01:09:51.000]  limiting how long someone can be incarcerated before they're brought to trial for different types of levels of charges.
[01:09:51.000 --> 01:09:54.000]  That was in the Code of Criminal Procedure that we discussed a few minutes ago.
[01:09:54.000 --> 01:09:56.000]  We're going to go over that again.
[01:09:56.000 --> 01:10:00.000]  That was overthrown by the Texas Supreme Court in 2005.
[01:10:00.000 --> 01:10:01.000]  We're going to go over that as well.
[01:10:01.000 --> 01:10:08.000]  And so now we're in a situation where still can't file a habeas,
[01:10:08.000 --> 01:10:14.000]  can't do bail because poor Allen would end up being in violation of his probation
[01:10:14.000 --> 01:10:18.000]  and end up in the state pen for another year and a half.
[01:10:18.000 --> 01:10:27.000]  And so basically if Amanda at this point decides to refuse to file a motion to dismiss,
[01:10:27.000 --> 01:10:37.000]  then now we're going to have to go into high gear here and put extreme pressure on Amanda or fire her, all right,
[01:10:37.000 --> 01:10:40.000]  so that a motion to dismiss can get filed in the case,
[01:10:40.000 --> 01:10:45.000]  which I think would be the next step is to fire Amanda.
[01:10:45.000 --> 01:10:49.000]  And before another, like say a court-appointed defense attorney gets assigned to the case
[01:10:49.000 --> 01:10:52.000]  or another attorney gets hired by the mom,
[01:10:52.000 --> 01:10:58.000]  then that's when you have a small window of time where you can start filing documents in your own case, okay,
[01:10:58.000 --> 01:11:02.000]  because if you have representation, you can't file a document, okay,
[01:11:02.000 --> 01:11:05.000]  unless it's an affidavit or habeas, that's it, all right.
[01:11:05.000 --> 01:11:11.000]  If you have representation, you cannot directly file motions in your case or pleadings or anything else, okay.
[01:11:11.000 --> 01:11:16.000]  And so the next step that we were going to consider taking is filing,
[01:11:16.000 --> 01:11:23.000]  is getting rid of this attorney so that we could have a window of time in order for Alan as a pro se
[01:11:23.000 --> 01:11:28.000]  to file this motion to dismiss based on this affidavit that was filed by his brother Daryl,
[01:11:28.000 --> 01:11:34.000]  which of course we knew that was going to be a nightmare because the mom had hired this attorney
[01:11:34.000 --> 01:11:39.000]  and poor Alan is sitting in jail and he doesn't want to sit in jail any longer
[01:11:39.000 --> 01:11:42.000]  and we were afraid that he would buckle.
[01:11:42.000 --> 01:11:53.000]  I mean, folks, you know, when you're in that position, you can't criticize anyone for at some point saying,
[01:11:53.000 --> 01:11:55.000]  you know what, I don't care.
[01:11:55.000 --> 01:11:58.000]  I don't care if I have to plead guilty to a crime I didn't commit.
[01:11:58.000 --> 01:12:00.000]  I need to get out of here.
[01:12:00.000 --> 01:12:02.000]  I can't sit in jail anymore.
[01:12:02.000 --> 01:12:05.000]  You know, you can't criticize somebody for making that decision.
[01:12:05.000 --> 01:12:13.000]  That's what the system is geared to do is to wear you down so that you agree and succumb to the deal.
[01:12:13.000 --> 01:12:16.000]  And, you know, everybody's got their limits, you know.
[01:12:16.000 --> 01:12:18.000]  Nobody is immune from this.
[01:12:18.000 --> 01:12:24.000]  And so we were concerned, you know, how long is Alan going to be willing to fight this?
[01:12:24.000 --> 01:12:30.000]  You know, and so if, you know, the other issue is if the motion is dismissed,
[01:12:30.000 --> 01:12:33.000]  the judge could sit on that for a while.
[01:12:33.000 --> 01:12:39.000]  And so now you go to an issue of the Speedy Trial, which, like I said, is a Pandora's box.
[01:12:39.000 --> 01:12:42.000]  The specific deadline was repealed.
[01:12:42.000 --> 01:12:44.000]  It was overthrown.
[01:12:44.000 --> 01:12:50.000]  And in order to successfully argue Speedy Trial in Texas, you have to go to case law.
[01:12:50.000 --> 01:12:53.000]  You have to go to Texas case law and Supreme Court case law,
[01:12:53.000 --> 01:12:59.000]  and you're not going to get any attorney to argue that level of defense for you.
[01:12:59.000 --> 01:13:01.000]  Not going to happen.
[01:13:01.000 --> 01:13:06.000]  Look at how difficult it is three months, you know, or I guess two months going by,
[01:13:06.000 --> 01:13:08.000]  can't even get the defense attorney to file a motion to dismiss.
[01:13:08.000 --> 01:13:12.000]  You think you're going to get any attorney to put together, you know,
[01:13:12.000 --> 01:13:18.000]  a huge affirmative defense based on case law for a Speedy Trial in Texas?
[01:13:18.000 --> 01:13:20.000]  I don't think so.
[01:13:20.000 --> 01:13:22.000]  You know, you have to totally do it pro se.
[01:13:22.000 --> 01:13:25.000]  I mean, we were really concerned at this point.
[01:13:25.000 --> 01:13:27.000]  What was Amanda going to do?
[01:13:27.000 --> 01:13:31.000]  Okay, what were we going to have to do regarding her?
[01:13:31.000 --> 01:13:32.000]  What kind of pressure?
[01:13:32.000 --> 01:13:35.000]  So we're considering all this, and we're researching.
[01:13:35.000 --> 01:13:41.000]  I'm already gathering case law on a Speedy Trial in Texas.
[01:13:41.000 --> 01:13:44.000]  Okay, this reminds you, this is the afternoon of the 7th.
[01:13:44.000 --> 01:13:50.000]  Okay, you know, just Darryl had received the email about 2.30 from the mom
[01:13:50.000 --> 01:13:55.000]  with more pressure, you know, vicariously, you know, through the mom,
[01:13:55.000 --> 01:13:57.000]  more pressure from Amanda.
[01:13:57.000 --> 01:14:07.000]  Okay, well, at 7.05 p.m. on the 7th, about four and a half hours later,
[01:14:07.000 --> 01:14:09.000]  we get the word.
[01:14:09.000 --> 01:14:13.000]  The father gets a phone call from Alan in the jail.
[01:14:13.000 --> 01:14:18.000]  What had happened was, you guys are going to love this,
[01:14:18.000 --> 01:14:25.000]  Amanda forwarded Darryl's email, the reply that Darryl made.
[01:14:25.000 --> 01:14:30.000]  Amanda forwarded Darryl's email to the prosecutor,
[01:14:30.000 --> 01:14:32.000]  and then the prosecutor decided to drop the case.
[01:14:32.000 --> 01:14:35.000]  Yes, yes!
[01:14:35.000 --> 01:14:36.000]  Okay.
[01:14:36.000 --> 01:14:39.000]  That's called plausible deniability.
[01:14:39.000 --> 01:14:40.000]  Yes, okay.
[01:14:40.000 --> 01:14:45.000]  This is the point where Amanda is like, okay, basically,
[01:14:45.000 --> 01:14:50.000]  and who knows what Amanda actually told the prosecutor, okay?
[01:14:50.000 --> 01:14:56.000]  But whether it was in words or whether it was just between the lines,
[01:14:56.000 --> 01:15:02.000]  the message from Amanda to the prosecutor is, look, Mr. Prosecutor,
[01:15:02.000 --> 01:15:05.000]  can you let this guy off the hook, please?
[01:15:05.000 --> 01:15:07.000]  He's going to make my life miserable.
[01:15:07.000 --> 01:15:11.000]  You know, look at this email from Darryl.
[01:15:11.000 --> 01:15:14.000]  This family is going to cook up a malpractice suit against me.
[01:15:14.000 --> 01:15:16.000]  There's been an affidavit filed in the case.
[01:15:16.000 --> 01:15:18.000]  Come on, Mr. Prosecutor.
[01:15:18.000 --> 01:15:22.000]  You know that you're not going to be able to squeeze this guy for a deal, okay?
[01:15:22.000 --> 01:15:23.000]  The whole family is in on it.
[01:15:23.000 --> 01:15:26.000]  The father's filed bar grievances against me.
[01:15:26.000 --> 01:15:28.000]  The father's filed bar grievances against you.
[01:15:28.000 --> 01:15:31.000]  Let's just, can you please just make this one go away?
[01:15:31.000 --> 01:15:33.000]  I mean, it's not my fault.
[01:15:33.000 --> 01:15:38.000]  Really, Mr. Prosecutor, see, I didn't file a motion to dismiss in the case.
[01:15:38.000 --> 01:15:40.000]  See, see, can you please just let this one go?
[01:15:40.000 --> 01:15:44.000]  I'll make up for it next time and really screw my next client.
[01:15:44.000 --> 01:15:46.000]  Yes, I was just going to say that.
[01:15:46.000 --> 01:15:47.000]  I'll make up for it next time.
[01:15:47.000 --> 01:15:50.000]  I'll screw my next client over even more.
[01:15:50.000 --> 01:15:54.000]  Yes, that is the communication, whether it was actually said in words or not.
[01:15:54.000 --> 01:15:57.000]  That was the message from Amanda to the prosecutor.
[01:15:57.000 --> 01:16:01.000]  So there was some kind of a secret deal there, and the prosecutor drops the case.
[01:16:01.000 --> 01:16:04.000]  Okay, so folks, this is how it works.
[01:16:04.000 --> 01:16:07.000]  This is how it works, and God was on our side,
[01:16:07.000 --> 01:16:15.000]  and fortunately Amanda wasn't, you know, stonewalling anymore and holding out.
[01:16:15.000 --> 01:16:18.000]  She didn't want to deal with this anymore anyway,
[01:16:18.000 --> 01:16:23.000]  and I think she probably figured that she wasn't going to be able to milk the mother for much more money anyway.
[01:16:23.000 --> 01:16:26.000]  You know, so, but, you know, and you never know.
[01:16:26.000 --> 01:16:29.000]  It could have gone the other way, but it didn't.
[01:16:29.000 --> 01:16:33.000]  And remember, these people will bluff all the way up until the last minute,
[01:16:33.000 --> 01:16:38.000]  and I think the prosecutor just finally figured, you know, he's got so many other fish to fry
[01:16:38.000 --> 01:16:43.000]  and so many other deals to make, it wasn't worth his time anymore.
[01:16:43.000 --> 01:16:46.000]  So this is a success. This is how it works.
[01:16:46.000 --> 01:16:50.000]  We're going to analyze some case law on speedy trial in Texas.
[01:16:50.000 --> 01:16:56.000]  If you folks want to start calling in now, you can call in 512-646-1984.
[01:16:56.000 --> 01:17:00.000]  We will be right back.
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[01:19:00.000 --> 01:19:16.000]  This is the Logos La Fogos Radio Net.
[01:19:16.000 --> 01:19:45.000]  All right, we are back, folks.
[01:19:45.000 --> 01:19:50.000]  On the Logos Radio Network, Randy Kelton, Eddie Craig, and Deborah Stevens.
[01:19:50.000 --> 01:19:56.000]  We just are here doing a case study on a success story using our techniques.
[01:19:56.000 --> 01:19:58.000]  See, it does work.
[01:19:58.000 --> 01:20:01.000]  You just have to be diligent and persistent and not give up.
[01:20:01.000 --> 01:20:06.000]  And, you know, of course, like I said before, you can't criticize anybody if they're sitting in jail.
[01:20:06.000 --> 01:20:08.000]  You know, everybody's got their breaking point.
[01:20:08.000 --> 01:20:14.000]  How long are you willing to sit there before you just don't have a choice?
[01:20:14.000 --> 01:20:18.000]  I mean, your whole life is going to fall apart the longer you sit in jail because you lose your job,
[01:20:18.000 --> 01:20:21.000]  you lose your, you know, wherever you're living, everything else.
[01:20:21.000 --> 01:20:28.000]  So at any rate, but fortunately, this was a success story and the charges were dropped.
[01:20:28.000 --> 01:20:33.000]  So that meant that there was no violation of probation.
[01:20:33.000 --> 01:20:38.000]  So, excuse me, so Alan didn't have to deal with that situation either.
[01:20:38.000 --> 01:20:47.000]  He was saved from going to the state pen and he continued on with his probation and he has been very successful ever since.
[01:20:47.000 --> 01:20:51.000]  And I'm very pleased for this whole situation.
[01:20:51.000 --> 01:20:56.000]  And because, again, it could have gone kind of tricky,
[01:20:56.000 --> 01:21:06.000]  but we had a feeling that we were going to be able to pressure this defense attorney into basically getting this case dropped.
[01:21:06.000 --> 01:21:08.000]  And it worked. It actually worked.
[01:21:08.000 --> 01:21:14.000]  And folks, before we do the case study analysis and we have Jim from Washington.
[01:21:14.000 --> 01:21:18.000]  Maybe we should take Jim from Washington before we do the case analysis.
[01:21:18.000 --> 01:21:22.000]  Wait a minute. Let me speak to the politics.
[01:21:22.000 --> 01:21:23.000]  Yeah, go ahead, please.
[01:21:23.000 --> 01:21:26.000]  Something really important to understand.
[01:21:26.000 --> 01:21:33.000]  When you go to court, it's like you're sitting at a four-sided chessboard.
[01:21:33.000 --> 01:21:41.000]  You think that you and your lawyer are against the other side and the judge is the middle arbitrator.
[01:21:41.000 --> 01:21:43.000]  It's no such thing.
[01:21:43.000 --> 01:21:46.000]  It's all about relationships.
[01:21:46.000 --> 01:21:49.000]  You have a relationship with your lawyer.
[01:21:49.000 --> 01:21:54.000]  Your lawyer has a relationship with the other lawyer and the judge.
[01:21:54.000 --> 01:22:02.000]  Now, if it's a civil case where there's two plaintiffs, the other litigants, the other litigants are not a part of this.
[01:22:02.000 --> 01:22:08.000]  There's you, your lawyer, the opposite lawyer, and the judge.
[01:22:08.000 --> 01:22:11.000]  All three of those have relationships with one another.
[01:22:11.000 --> 01:22:15.000]  You only have a relationship with your lawyer.
[01:22:15.000 --> 01:22:25.000]  If you're going to win your case, you have to use the relationship your lawyer has with the judge and the other lawyer.
[01:22:25.000 --> 01:22:38.000]  A lot of times it means beating up your own lawyer or putting your lawyer in a position where they can have plausible deniability.
[01:22:38.000 --> 01:22:51.000]  We're working on some issues with property and we have a lawyer, but I told him when we started, you will have nothing to do with any litigation.
[01:22:51.000 --> 01:22:56.000]  You're only here to mediate and negotiate.
[01:22:56.000 --> 01:22:59.000]  Any litigation goes on, we will do it.
[01:22:59.000 --> 01:23:06.000]  If I file a bar grievance against one of these other attorneys, you are not to say one word to me about it.
[01:23:06.000 --> 01:23:15.000]  If I go file criminal charges, you are not to say one word to me about it or I will tell you that is none of your business.
[01:23:15.000 --> 01:23:19.000]  That's about plausible deniability.
[01:23:19.000 --> 01:23:25.000]  Now, he can go to the other guys and say, man, I don't know, my client, I got an unruly client here.
[01:23:25.000 --> 01:23:27.000]  I can't control this guy.
[01:23:27.000 --> 01:23:30.000]  He won't even talk to me about it, so he's got deniability.
[01:23:30.000 --> 01:23:39.000]  In this case, we gave the defense attorney plausible deniability and we understand the relationships in criminal.
[01:23:39.000 --> 01:23:48.000]  For the most part, these lawyers, their only job is to ensure their client does have a grounds for appeal.
[01:23:48.000 --> 01:23:53.000]  Because if they do, the judge is going to screw them royal.
[01:23:53.000 --> 01:24:05.000]  If this lawyer doesn't do what the judge wants in this case, when he gets to the next case, he's going to screw the client royal or he's going to give the lawyer a hard time.
[01:24:05.000 --> 01:24:12.000]  The judge can sanction a lawyer for anything and lawyers are terrified of judges sanctioning them.
[01:24:12.000 --> 01:24:16.000]  So the judge is pretty well controlled, the lawyer.
[01:24:16.000 --> 01:24:25.000]  So you have to put your lawyer in a position to where he can go to the judge and the other lawyer and say, guys, you know, I help you guys out.
[01:24:25.000 --> 01:24:26.000]  We try to get along.
[01:24:26.000 --> 01:24:30.000]  Now I got one of these unruly clients who's given me a fit.
[01:24:30.000 --> 01:24:31.000]  I need your help here.
[01:24:31.000 --> 01:24:32.000]  Absolutely.
[01:24:32.000 --> 01:24:50.000]  And even if the client, him or herself, isn't the unruly one, sometimes if the family members surrounding the clients are unruly, as in this situation, the brother and the father, that can be enough as well.
[01:24:50.000 --> 01:25:00.000]  You know, because the father did the bar grievances and then the brother is filing these affidavits and sending these emails and writing these letters and all this stuff.
[01:25:00.000 --> 01:25:02.000]  I mean, it works, folks.
[01:25:02.000 --> 01:25:03.000]  It really does.
[01:25:03.000 --> 01:25:08.000]  And it's a political situation a lot of the time.
[01:25:08.000 --> 01:25:09.000]  You know, it really is.
[01:25:09.000 --> 01:25:12.000]  And so you just start applying this kind of pressure.
[01:25:12.000 --> 01:25:29.000]  I mean, some of the next moves we would have made in the case if it hadn't been dismissed right away is not only tried to go after the defense attorney for not filing a motion to dismiss, but go after the prosecutor for not, for intercepting the mail to the grand jury, things like that.
[01:25:29.000 --> 01:25:41.000]  More bar grievances, gearing up a case law regarding the speedy trial issue here in Texas, which we will go over here in a bit.
[01:25:41.000 --> 01:25:50.000]  But before we go to Jim, our caller, I want to go to Jim first, but before we go to Jim, I just want to make this opportunity quickly to plug our fundraiser again.
[01:25:50.000 --> 01:26:00.000]  Folks, we have had some requests, several requests actually from listeners to extend the fundraiser so that they could have time to gather some funds.
[01:26:00.000 --> 01:26:01.000]  And I appreciate that.
[01:26:01.000 --> 01:26:04.000]  And so because we haven't quite met our goal.
[01:26:04.000 --> 01:26:06.000]  So, folks, if you would consider please donating.
[01:26:06.000 --> 01:26:08.000]  Nothing is too small.
[01:26:08.000 --> 01:26:10.000]  Everything is appreciated.
[01:26:10.000 --> 01:26:16.000]  And just think about how much you would have to spend on a lawyer and what kind of service would you get out of the lawyer anyway.
[01:26:16.000 --> 01:26:25.000]  So if you find this information beneficial to you, we certainly would appreciate the help so that we can continue to be on the air to help others.
[01:26:25.000 --> 01:26:33.000]  So consider your contribution as help not only to us, because it's not even directly for our benefit.
[01:26:33.000 --> 01:26:38.000]  It's for the benefit of other people that we are providing the service to.
[01:26:38.000 --> 01:26:52.000]  So if you want to help others, please consider making a contribution to our fundraiser so that we can cover the operating expenses and upgrade costs, et cetera, so that we can continue to help other people.
[01:26:52.000 --> 01:26:55.000]  Because, folks, we're not making anything off of this.
[01:26:55.000 --> 01:26:57.000]  I donate all my time.
[01:26:57.000 --> 01:27:00.000]  The only reason I'm even – I used to work full time.
[01:27:00.000 --> 01:27:02.000]  I used to be a physical therapist.
[01:27:02.000 --> 01:27:18.000]  I also have – I've always run my own business, freelance computer repair and that sort of thing, and running sound, engineering sound, doing several different things like that, working in recording studios, all kinds of things.
[01:27:18.000 --> 01:27:22.000]  Being a musician, I pretty much left most all of that.
[01:27:22.000 --> 01:27:24.000]  I definitely quit being a physical therapist.
[01:27:24.000 --> 01:27:30.000]  I left that job in order to do this.
[01:27:30.000 --> 01:27:35.000]  And the only reason I'm able to do it is because I have a husband who is able to support both of us.
[01:27:35.000 --> 01:27:40.000]  But often, you know, we have to put our own personal income into this to keep it going.
[01:27:40.000 --> 01:27:41.000]  And so does the host.
[01:27:41.000 --> 01:27:42.000]  So does Randy.
[01:27:42.000 --> 01:27:49.000]  I mean, sometimes we have to – oh, my God, heaven forbid, we have to rob Randy's beer fund sometimes to keep it going.
[01:27:49.000 --> 01:27:50.000]  What?
[01:27:50.000 --> 01:27:52.000]  What?
[01:27:52.000 --> 01:27:53.000]  I know.
[01:27:53.000 --> 01:27:55.000]  I've been meaning to tell you for a while.
[01:27:55.000 --> 01:27:58.000]  I'm sorry, Randy.
[01:27:58.000 --> 01:28:01.000]  Anyways, folks, please consider helping us out.
[01:28:01.000 --> 01:28:06.000]  We really do want to help people, and sometimes we need your help, too.
[01:28:06.000 --> 01:28:07.000]  All right.
[01:28:07.000 --> 01:28:14.000]  We're about to go to break here in a couple minutes, but let's get Jim on the air first before we go to break because he's been holding for several minutes here.
[01:28:14.000 --> 01:28:16.000]  Jim, thank you for calling in tonight.
[01:28:16.000 --> 01:28:18.000]  What is your question or comment for us?
[01:28:18.000 --> 01:28:22.000]  Do you have any comments on the case study that we just did?
[01:28:22.000 --> 01:28:26.000]  I think that's great, but that wasn't the reason I was calling.
[01:28:26.000 --> 01:28:27.000]  That's okay.
[01:28:27.000 --> 01:28:28.000]  What is your question or comment?
[01:28:28.000 --> 01:28:30.000]  Go ahead.
[01:28:30.000 --> 01:28:40.000]  I was wondering, in Washington state, traffic tickets are civil infractions, and I was wondering, can you sue, counter-sue in that?
[01:28:40.000 --> 01:28:41.000]  Okay.
[01:28:41.000 --> 01:28:42.000]  Question.
[01:28:42.000 --> 01:28:44.000]  Civil infraction.
[01:28:44.000 --> 01:28:48.000]  What does infraction mean?
[01:28:48.000 --> 01:28:50.000]  You know, I'm not really sure.
[01:28:50.000 --> 01:28:57.000]  In California, they call it an infraction, but you can go to jail for those infractions.
[01:28:57.000 --> 01:29:04.000]  You know, if you don't show up for court, if you don't pay the fine, it can go to something more serious.
[01:29:04.000 --> 01:29:16.000]  In Washington state, if it's civil, in a civil case, if you don't show up for a civil case, you simply get a ruling against you.
[01:29:16.000 --> 01:29:25.000]  In Washington state, if you don't show up for a civil infraction, is a failure to appear initiated?
[01:29:25.000 --> 01:29:27.000]  I believe so, yes.
[01:29:27.000 --> 01:29:33.000]  Then infraction means something more than civil.
[01:29:33.000 --> 01:29:40.000]  In a civil case, you can only be summoned as a witness.
[01:29:40.000 --> 01:29:44.000]  The parties themselves cannot be forced to appear.
[01:29:44.000 --> 01:29:47.000]  Let's talk about this when we come back on the other side.
[01:29:47.000 --> 01:29:49.000]  This is Randy Kelton, Deborah Stevens.
[01:29:49.000 --> 01:29:50.000]  We was on radio.
[01:29:50.000 --> 01:29:54.000]  Our call is number 512-646-1984.
[01:29:54.000 --> 01:30:00.000]  Give us a call, and during the break, think Randy.
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[01:30:44.000 --> 01:30:46.000]  Got a nagging ache that just won't go away?
[01:30:46.000 --> 01:30:48.000]  You might go ahead for the produce aisle.
[01:30:48.000 --> 01:30:53.000]  Ginger, the herb used in gingerbread cookies and Indian curry, can also put an end to pain.
[01:30:53.000 --> 01:31:00.000]  Medical studies show ginger relieves pain and inflammation like aspirin and ibuprofen do, but without the worrisome side effects.
[01:31:00.000 --> 01:31:05.000]  Big Pharma remedies can trigger stomach upset, gastrointestinal bleeding, and ulcers.
[01:31:05.000 --> 01:31:06.000]  Ginger?
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[01:31:07.000 --> 01:31:15.000]  Researchers say one or two teaspoons of ginger daily, raw or heated, can provide natural relief for even the deep pain of osteoarthritis.
[01:31:15.000 --> 01:31:18.000]  So put down the aspirin bottle and reach for the ginger.
[01:31:18.000 --> 01:31:21.000]  It's natural, it's delicious, and it works wonders.
[01:31:21.000 --> 01:31:23.000]  I'm Dr. Catherine Albrecht.
[01:31:23.000 --> 01:31:26.000]  More news and information at CatherineAlbrecht.com.
[01:31:26.000 --> 01:31:37.000]  We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser a success this year.
[01:31:37.000 --> 01:31:39.000]  Your support got us close to reaching our goal.
[01:31:39.000 --> 01:31:47.000]  Toward the end of January, we received many requests from listeners to extend the deadline to enter into the drawing for the GLOT 42 and the CHL classes.
[01:31:47.000 --> 01:31:50.000]  As a result, we are extending the deadline until February 15.
[01:31:50.000 --> 01:31:53.000]  Every $25 donation gets you a chance to win.
[01:31:53.000 --> 01:31:58.000]  Help us reach our goal, no donation is too small, and everything is appreciated.
[01:31:58.000 --> 01:32:01.000]  Please go to LogosRadioNetwork.com for details.
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[01:33:02.000 --> 01:33:05.000]  You are listening to the Logos Radio Network.
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[01:34:31.000 --> 01:34:33.000]  Okay, we are back.
[01:34:33.000 --> 01:34:36.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:34:36.000 --> 01:34:48.000]  And we're talking to Jim in Washington about a civil infraction without dwelling on that part of it any further.
[01:34:48.000 --> 01:34:55.000]  Was that your particular question or did you have another question?
[01:34:55.000 --> 01:34:59.000]  Oh, I guess it helps if I mute you.
[01:34:59.000 --> 01:35:01.000]  Ah, now maybe we can hear you.
[01:35:01.000 --> 01:35:02.000]  Go ahead, Jim.
[01:35:02.000 --> 01:35:03.000]  Hi.
[01:35:03.000 --> 01:35:09.000]  I was just wondering if you can counter sue in the complaint or in the case because it's civil.
[01:35:09.000 --> 01:35:17.000]  Yeah, this is almost certainly not going to be an actual civil case.
[01:35:17.000 --> 01:35:18.000]  Okay.
[01:35:18.000 --> 01:35:30.000]  Where you can counter sue is if you can show that they acted outside scope.
[01:35:30.000 --> 01:35:35.000]  No one has immunity from suit if they act outside scope.
[01:35:35.000 --> 01:35:45.000]  The public official is acting within the scope of his authority, even if he's malicious and acts inappropriately.
[01:35:45.000 --> 01:35:53.000]  If he's within the scope, then he has qualified immunity.
[01:35:53.000 --> 01:35:55.000]  I'll give you an example.
[01:35:55.000 --> 01:36:07.000]  In Texas, a jail guard goes from one place to another, picks up a prisoner, and bringing her from one jail to another, he stops on the way and rapes her.
[01:36:07.000 --> 01:36:10.000]  Well, she sues.
[01:36:10.000 --> 01:36:13.000]  They get to court and he claims immunity.
[01:36:13.000 --> 01:36:18.000]  And the court said rape is not within scope.
[01:36:18.000 --> 01:36:24.000]  And he claimed he was in within the scope of his authority while he was transporting her from one place to another.
[01:36:24.000 --> 01:36:31.000]  But when he committed a crime, he stepped outside of scope.
[01:36:31.000 --> 01:36:37.000]  So have you read the penal code for Washington State?
[01:36:37.000 --> 01:36:39.000]  I've been working on it.
[01:36:39.000 --> 01:36:44.000]  The first time you read it, don't try to understand it, just cruise right through it.
[01:36:44.000 --> 01:36:57.000]  And then go back and read it again and make sure you read those first parts about culpability and liability and the incoherent offenses.
[01:36:57.000 --> 01:37:13.000]  Conspiracy and there's another one that goes into criminal attempts.
[01:37:13.000 --> 01:37:22.000]  But read that preparatory stuff because it really implies to the other penal codes.
[01:37:22.000 --> 01:37:27.000]  That's why you just read through the whole thing first and you come back and read it again.
[01:37:27.000 --> 01:37:29.000]  And once you've kind of done that, you'll be like me.
[01:37:29.000 --> 01:37:32.000]  I was in court the other last week.
[01:37:32.000 --> 01:37:41.000]  I was there to challenge the grand jury pool and the judge noticed everybody that I was there for that person purpose.
[01:37:41.000 --> 01:37:45.000]  And the judge just went ahead and impaneled the grand jury.
[01:37:45.000 --> 01:37:48.000]  Once the grand jury is impaneled, it can't be challenged.
[01:37:48.000 --> 01:37:54.000]  So I was requesting of him procedure for challenging the pool.
[01:37:54.000 --> 01:37:57.000]  And this particular judge hates me.
[01:37:57.000 --> 01:38:03.000]  And he was getting real excited and I wasn't and that was annoying him.
[01:38:03.000 --> 01:38:09.000]  Because they're used to being able to get you excited.
[01:38:09.000 --> 01:38:14.000]  Well, I had another agenda and it was clear to him that I did.
[01:38:14.000 --> 01:38:21.000]  He's telling me that I had to figure out how to exercise the right.
[01:38:21.000 --> 01:38:24.000]  And I said, well, it is a statutory right.
[01:38:24.000 --> 01:38:25.000]  You're the judge.
[01:38:25.000 --> 01:38:31.000]  It's your duty to ensure that my rights are protected.
[01:38:31.000 --> 01:38:34.000]  Well, Mr. Counselor, you'll just have to figure out how to exercise.
[01:38:34.000 --> 01:38:37.000]  I said, well, I'll see what Travis do.
[01:38:37.000 --> 01:38:39.000]  We'll take that to Travis County.
[01:38:39.000 --> 01:38:41.000]  And he said, are you threatening me?
[01:38:41.000 --> 01:38:45.000]  I'll have you arrested and called the bailiffs over.
[01:38:45.000 --> 01:38:51.000]  I said, no, we'll take that to Travis County with a white paper to the legislature
[01:38:51.000 --> 01:38:55.000]  and the Texas Supreme Court to get some rule changes.
[01:38:55.000 --> 01:39:00.000]  And then he had the bailiffs back off.
[01:39:00.000 --> 01:39:06.000]  Official oppression for denying me in the right.
[01:39:06.000 --> 01:39:17.000]  Destruction of justice for threatening me in order to prevent me from exercising the right.
[01:39:17.000 --> 01:39:22.000]  Perhaps making a terroristic threat.
[01:39:22.000 --> 01:39:28.000]  And certainly first degree felony aggravated assault.
[01:39:28.000 --> 01:39:30.000]  He didn't read the code.
[01:39:30.000 --> 01:39:32.000]  I did.
[01:39:32.000 --> 01:39:36.000]  What he did fits into all of those.
[01:39:36.000 --> 01:39:42.000]  When those bailiffs approached to me with loaded pistols on their hips,
[01:39:42.000 --> 01:39:48.000]  knowing full well I had not threatened the judge, that's first degree felony aggravated assault.
[01:39:48.000 --> 01:39:51.000]  Read the codes once you've read them twice.
[01:39:51.000 --> 01:40:00.000]  There is no way these guys can do their jobs and not violate serious laws.
[01:40:00.000 --> 01:40:06.000]  These people here are so accustomed to never being called on it.
[01:40:06.000 --> 01:40:13.000]  Soon as the judge left the courtroom, I asked the bailiff to take my complaint against the judge and he refused.
[01:40:13.000 --> 01:40:21.000]  3903 penal code, 3903 official oppression, failing to perform a duty he's required to perform,
[01:40:21.000 --> 01:40:25.000]  3805 shielding from prosecution.
[01:40:25.000 --> 01:40:27.000]  You want to play hardball, bubba?
[01:40:27.000 --> 01:40:30.000]  We'll take you to the deep end of the pool.
[01:40:30.000 --> 01:40:34.000]  Left the courtroom, went right to the district attorney's office.
[01:40:34.000 --> 01:40:38.000]  Told him I was here to file some complaints, so he hit me in.
[01:40:38.000 --> 01:40:40.000]  I get along real good with our district attorney.
[01:40:40.000 --> 01:40:44.000]  And I took out a dime and put it on his desk.
[01:40:44.000 --> 01:40:47.000]  He said, what is that for?
[01:40:47.000 --> 01:40:54.000]  I said, well, since I'm going to put you on one, at least I do is give it to you.
[01:40:54.000 --> 01:40:56.000]  Oh, that's hilarious.
[01:40:56.000 --> 01:41:02.000]  He just picked it up and tossed it back to me.
[01:41:02.000 --> 01:41:07.000]  And I told him I walked through the accusations.
[01:41:07.000 --> 01:41:15.000]  And the head bailiff sent a guy, a bailiff, in to stand right behind me while I was doing this.
[01:41:15.000 --> 01:41:21.000]  So I was really talking to the bailiff behind me when I'm talking to the prosecutor.
[01:41:21.000 --> 01:41:26.000]  And I fed him all of the statutes and the codes.
[01:41:26.000 --> 01:41:32.000]  So I was joking, that's politics, but read the code.
[01:41:32.000 --> 01:41:38.000]  You'll read it like a comic book when you compare it to their behavior.
[01:41:38.000 --> 01:41:46.000]  And then you can, if you want to beat the ticket, you're not going to beat it straight up.
[01:41:46.000 --> 01:41:48.000]  You understand that part, Jim?
[01:41:48.000 --> 01:41:52.000]  Yeah, I used Eddie's style there.
[01:41:52.000 --> 01:41:56.000]  I did not produce a license, insurance, or registration.
[01:41:56.000 --> 01:41:58.000]  I was surprised the officer did not arrest me.
[01:41:58.000 --> 01:41:59.000]  He gave me a ticket.
[01:41:59.000 --> 01:42:04.000]  I'm planning on going in and not pleading.
[01:42:04.000 --> 01:42:06.000]  And there's some kind of a document you filed to...
[01:42:06.000 --> 01:42:10.000]  Challenge the subject matter jurisdiction.
[01:42:10.000 --> 01:42:17.000]  Prepare a challenge to subject matter jurisdiction and state why the court does not have subject matter jurisdiction.
[01:42:17.000 --> 01:42:22.000]  We had someone on last week who challenged subject matter jurisdiction.
[01:42:22.000 --> 01:42:27.000]  And he thought all he had to do was say, oh, you don't have subject matter jurisdiction, and that was enough.
[01:42:27.000 --> 01:42:34.000]  No, you have to overcome the presumption of jurisdiction.
[01:42:34.000 --> 01:42:39.000]  There is a presumption, and you have to give prima facie evidences to why not.
[01:42:39.000 --> 01:42:50.000]  And you say, because you were not in commerce, this court only has jurisdiction over commercial activities.
[01:42:50.000 --> 01:42:52.000]  And just get it in.
[01:42:52.000 --> 01:42:54.000]  You don't care what they do.
[01:42:54.000 --> 01:42:57.000]  You're just setting the record for appeal.
[01:42:57.000 --> 01:43:01.000]  Okay, so I don't have to put in anything saying I'm not going to plead then?
[01:43:01.000 --> 01:43:04.000]  No, they're going to ask you for a plea.
[01:43:04.000 --> 01:43:11.000]  You tell the court, I am here at arm's length to the court.
[01:43:11.000 --> 01:43:14.000]  You need to have already filed the...
[01:43:14.000 --> 01:43:18.000]  Before you go into the courtroom, you file the challenge.
[01:43:18.000 --> 01:43:25.000]  A challenge subject matter jurisdiction can be filed at any time, so you don't have to give them prior warning.
[01:43:25.000 --> 01:43:28.000]  I always do it on the day of the hearing.
[01:43:28.000 --> 01:43:32.000]  And you tell the court, you're here at arm's length to the court.
[01:43:32.000 --> 01:43:35.000]  As you have challenged the subject matter jurisdiction of the court,
[01:43:35.000 --> 01:43:43.000]  and until such time as this court establishes jurisdiction, I will take no action before the court.
[01:43:43.000 --> 01:43:46.000]  I don't think they're actually going to have me in court that day.
[01:43:46.000 --> 01:43:49.000]  I think I just have to go up there to plead.
[01:43:49.000 --> 01:43:52.000]  It's still the same thing. That's in court.
[01:43:52.000 --> 01:43:53.000]  Hang on. Okay.
[01:43:53.000 --> 01:43:54.000]  Going to break.
[01:43:54.000 --> 01:44:00.000]  Randy Kelton, Deborah Stevens, Rue La Radio, our calling number is too late at the letter.
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[01:46:01.000 --> 01:46:20.000]  Hello. Oh, man. She in jail. She got broken. Oh, man, I'm broken.
[01:46:20.000 --> 01:46:28.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Jim in Washington.
[01:46:28.000 --> 01:46:36.000]  Jim, that's about the best you can hope for. One more thing about subject matter jurisdiction.
[01:46:36.000 --> 01:46:48.000]  First, the judge has to make a ruling. And if you file the motion the day of the hearing, if you're lucky, he won't even read it.
[01:46:48.000 --> 01:47:02.000]  And that's always a good thing. But after he's read, after he's either granted or denied, if he granted, then he'll dismiss, but he'll almost certainly deny.
[01:47:02.000 --> 01:47:10.000]  Then you're free to adjudicate your case. Well, Randy, let me ask you something about filing a motion the day of the hearing.
[01:47:10.000 --> 01:47:23.000]  Aren't there like time limits on a lot of these cases where you have to, any kind of motion you want to file has to be, sometimes it has to be done a week before the hearing and stuff like that?
[01:47:23.000 --> 01:47:30.000]  Yes, there is. So you may want to check the rules of court. Hold on. This is not a motion. This is a pleading.
[01:47:30.000 --> 01:47:38.000]  Oh, okay. Well, even more because a lot of times there are deadlines for pleadings as well. No, this is a special pleading.
[01:47:38.000 --> 01:47:45.000]  Oh, okay. Okay. It's a challenge to subject matter jurisdiction. Oh, that can be done at any time. Exactly.
[01:47:45.000 --> 01:47:51.000]  And it really annoys the judge when you do it at the day of the hearing. Yeah, because it's like an ambush. Yeah.
[01:47:51.000 --> 01:47:59.000]  Yeah. And they hate to be ambushed. And the whole point of ambushing them is the same thing I did to the judge the other day.
[01:47:59.000 --> 01:48:09.000]  He did exactly what I wanted him to do better than I could have expected because he threatened to arrest me to prevent me from exercising my right. Yahoo!
[01:48:09.000 --> 01:48:19.000]  So you annoy the judge, get him to do something stupid. That works for me. So is that about cover it, Jim?
[01:48:19.000 --> 01:48:24.000]  Well, yeah, except for this isn't really a hearing. This is just you have to respond within 15 minutes.
[01:48:24.000 --> 01:48:38.000]  This is a hearing. When you come before the court, that first appearance should be an examining trial, but they're calling it an arraignment.
[01:48:38.000 --> 01:48:47.000]  And if they deny the challenge to subject matter jurisdiction, the second thing you should do is demand an examining trial.
[01:48:47.000 --> 01:48:54.000]  Okay. One other thing I wanted to ask you about, about six months ago, I had to go into jury duty.
[01:48:54.000 --> 01:49:05.000]  Once we were sworn in, the judge promptly told us all that we had to follow his law if anybody had any problems following his law.
[01:49:05.000 --> 01:49:13.000]  Basically, he was telling us we couldn't judge the law. I was wondering how do you handle that when you go into a jury? You ignore it.
[01:49:13.000 --> 01:49:17.000]  Okay, that's what I did. I didn't know if they could turn around and charge you with...
[01:49:17.000 --> 01:49:28.000]  No, no, they cannot. When you go in that jury room, Thomas Jefferson said the ultimate check to the balance of bad law is the jury.
[01:49:28.000 --> 01:49:34.000]  If the jury refuses to enforce a law, the legislature must change it.
[01:49:34.000 --> 01:49:44.000]  It was intended that we be the ultimate check to bad law, and the judge will lie to you.
[01:49:44.000 --> 01:49:45.000]  Yes, they do.
[01:49:45.000 --> 01:50:02.000]  You're the jury. You get to decide, does that law properly apply in this case? Will that law bring justice? If I don't feel it'll bring justice, I don't have to apply.
[01:50:02.000 --> 01:50:06.000]  Okay. Well, he was basically asking if anybody had a problem with that, if they did raise your hand now.
[01:50:06.000 --> 01:50:12.000]  I was thinking if I don't raise my hand and I go into a jury room and I do that, are they going to be able to charge me with perjury or something?
[01:50:12.000 --> 01:50:13.000]  Absolutely not.
[01:50:13.000 --> 01:50:14.000]  Okay.
[01:50:14.000 --> 01:50:25.000]  You ever heard of a juror being charged with anything they did in the jury room short of punching out another juror?
[01:50:25.000 --> 01:50:26.000]  Okay.
[01:50:26.000 --> 01:50:28.000]  Doesn't happen.
[01:50:28.000 --> 01:50:32.000]  Okay. Thank you very much, Randy.
[01:50:32.000 --> 01:50:33.000]  All righty.
[01:50:33.000 --> 01:50:36.000]  No, I just wanted to comment on this juror thing.
[01:50:36.000 --> 01:50:49.000]  Yeah, the only thing I've ever heard of regarding any kind of action regarding jurors, I know someone, it was a transportation case, traffic ticket case,
[01:50:49.000 --> 01:51:02.000]  and there was a juror who actually was doing the right thing and wanted to find a finding of not guilty basically because the person was on transportation.
[01:51:02.000 --> 01:51:06.000]  I won't go over the case, but so it was going to be a hung jury.
[01:51:06.000 --> 01:51:19.000]  And what they did was they ended up grilling the juror on the stand and got her tripped up with some questions so that they could disqualify her and get her off the jury.
[01:51:19.000 --> 01:51:25.000]  And then they ended up putting in an alternate so they could get the finding they wanted out of the jury.
[01:51:25.000 --> 01:51:27.000]  That's the only thing I've ever heard of.
[01:51:27.000 --> 01:51:30.000]  That should have got a charge of jury.
[01:51:30.000 --> 01:51:36.000]  Well, believe me, that is in progress, but we won't go over that case right now because we have another caller.
[01:51:36.000 --> 01:51:41.000]  And it looks like we'll probably have to save the case law study for Speedy Trial in Texas to another night.
[01:51:41.000 --> 01:51:44.000]  But we've got Sonny in Georgia.
[01:51:44.000 --> 01:51:46.000]  Sonny, thank you for calling in.
[01:51:46.000 --> 01:51:50.000]  What is your question or comment tonight?
[01:51:50.000 --> 01:52:04.000]  Randy, I've got a credit card case being pursued by a debt collector, and there's a peremptory calendar hearing that's been...
[01:52:04.000 --> 01:52:05.000]  No, hold on, hold on.
[01:52:05.000 --> 01:52:07.000]  I think you're misstating.
[01:52:07.000 --> 01:52:15.000]  It's most likely a peremptory challenge.
[01:52:15.000 --> 01:52:27.000]  Well, she just...my wife received this letter in the mail, and it just said that she's on the peremptory calendar.
[01:52:27.000 --> 01:52:30.000]  Can you spell that, peremptory?
[01:52:30.000 --> 01:52:31.000]  How is that spelled?
[01:52:31.000 --> 01:52:33.000]  What word is that?
[01:52:33.000 --> 01:52:42.000]  It's P-E-R-E-M-P-T-O-R-Y, peremptory calendar.
[01:52:42.000 --> 01:52:47.000]  That must be a term of art in Georgia.
[01:52:47.000 --> 01:52:53.000]  I've never heard the two words used before.
[01:52:53.000 --> 01:52:56.000]  They mean something specific by peremptory.
[01:52:56.000 --> 01:53:04.000]  They probably mean pre-trial, and they just made up a word for it.
[01:53:04.000 --> 01:53:12.000]  Well, actually, this is...
[01:53:12.000 --> 01:53:13.000]  Wait, hold on.
[01:53:13.000 --> 01:53:17.000]  Is this the first hearing in the case?
[01:53:17.000 --> 01:53:26.000]  Well, this is where it gets sort of tricky, because there's not been any proper service made yet.
[01:53:26.000 --> 01:53:28.000]  Quite a different issue.
[01:53:28.000 --> 01:53:33.000]  Is this the first hearing in the case?
[01:53:33.000 --> 01:53:34.000]  Yes.
[01:53:34.000 --> 01:53:36.000]  She's not in the court.
[01:53:36.000 --> 01:53:50.000]  It's a pre-trial hearing, and they just have...I guess they call the pre-trial hearing docket the peremptory calendar.
[01:53:50.000 --> 01:53:57.000]  Well, what this letter says is that if she doesn't show up, then she loses the whole case,
[01:53:57.000 --> 01:54:09.000]  and if the plaintiff doesn't show up, because it's been over six months since the debt collector has been trying to get proper service,
[01:54:09.000 --> 01:54:18.000]  and so there hasn't been proper service, and they use this, from what I understand, this peremptory...
[01:54:18.000 --> 01:54:27.000]  Now, wait a minute. You can't be sure, because have you checked the court record?
[01:54:27.000 --> 01:54:29.000]  Yes. I pulled the file.
[01:54:29.000 --> 01:54:34.000]  Is there a petition for alternative service in there?
[01:54:34.000 --> 01:54:41.000]  I did not see a petition for alternative service. I did see the sheriff's...
[01:54:41.000 --> 01:54:49.000]  What are the...you need to read the Georgia law on service,
[01:54:49.000 --> 01:55:00.000]  because what they may be able to do is send certified, send public, publish in a newspaper, and they got it covered.
[01:55:00.000 --> 01:55:06.000]  Like in Texas, they would have to ask for alternative service,
[01:55:06.000 --> 01:55:16.000]  but depending on what the law is in another state, you may be able to do these certain things, and you got it covered
[01:55:16.000 --> 01:55:21.000]  to make sure before you raise the issue of service.
[01:55:21.000 --> 01:55:27.000]  And proper service is a great issue to raise, but it won't help you much,
[01:55:27.000 --> 01:55:38.000]  because if you have the letter from the judge, and you know that an issue exists, that there is a controversy,
[01:55:38.000 --> 01:55:45.000]  then you have notice, and the court's going to say, now you have notice.
[01:55:45.000 --> 01:55:54.000]  If you go to the court and raise any issue, you have notice. You've essentially waived the right to notice.
[01:55:54.000 --> 01:56:00.000]  You'd have to miss the hearing altogether, but if the court could show that they actually contacted you,
[01:56:00.000 --> 01:56:03.000]  then you're kind of stuck anyway.
[01:56:03.000 --> 01:56:13.000]  Right. If she shows up, then they have personal jurisdiction, because she waives it just by showing up.
[01:56:13.000 --> 01:56:24.000]  Well, if she has constructive notice, they have impersonal anyway.
[01:56:24.000 --> 01:56:34.000]  If they can come back and show that she had notice, then improper service is not going to go very far.
[01:56:34.000 --> 01:56:38.000]  Improper service is a really good thing to raise,
[01:56:38.000 --> 01:56:48.000]  but the issue of service goes to giving you notice that an issue is before the court.
[01:56:48.000 --> 01:56:59.000]  If the court was able to contact you, you can't now say that you didn't have notice that there was an issue before the court.
[01:56:59.000 --> 01:57:11.000]  They won't deny the other side his remedy simply because he was unable to find you where you did get notice.
[01:57:11.000 --> 01:57:15.000]  Now, if he's unable to find you and the court can't find you,
[01:57:15.000 --> 01:57:21.000]  then you have no actual proper notice or no constructive notice.
[01:57:21.000 --> 01:57:28.000]  And almost always when you challenge for lack of proper notice, you can get something overturned.
[01:57:28.000 --> 01:57:32.000]  But if there's an adjudication, if it's a first hearing, they'll just say,
[01:57:32.000 --> 01:57:39.000]  okay, you didn't have time to prepare, we will reset.
[01:57:39.000 --> 01:57:45.000]  So all it'll buy you is another hearing.
[01:57:45.000 --> 01:57:49.000]  Better to look at the credit card issue.
[01:57:49.000 --> 01:57:53.000]  Has he filed a death validation?
[01:57:53.000 --> 01:57:55.000]  No.
[01:57:55.000 --> 01:57:59.000]  Listen, call him tomorrow night. I'd like to talk about that. We are out of time tonight.
[01:57:59.000 --> 01:58:04.000]  Yeah, and we will discuss the speedy trial issue in Texas on another night, Randy.
[01:58:04.000 --> 01:58:06.000]  Yes.
[01:58:06.000 --> 01:58:08.000]  Do you want to bring us out there?
[01:58:08.000 --> 01:58:12.000]  Sure. All right, folks, thank you for listening. Thank you for calling in tonight.
[01:58:12.000 --> 01:58:16.000]  Again, if you haven't had a chance to donate to our fundraiser, please do.
[01:58:16.000 --> 01:58:20.000]  As you can tell, hopefully, we are doing everything we can to help y'all
[01:58:20.000 --> 01:58:25.000]  and to help everyone out there with their cases as much as possible.
[01:58:25.000 --> 01:58:33.000]  So tomorrow night is our four-hour Friday info marathon with Steve Skidmore and Randy Kelton.
[01:58:33.000 --> 01:58:37.000]  They'll have more time tomorrow night to discuss your issues.
[01:58:37.000 --> 01:58:43.000]  So call in tomorrow night, 512-646-1984. Good night and God bless.
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