[00:00.000 --> 00:07.840] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.840 --> 00:08.840] at thelibertybeat.com. [00:08.840 --> 00:14.400] I'm Brian Hagan with your Liberty Beat for Thursday, February 26, 2015. [00:14.400 --> 00:17.680] Gold opened today at $1,208, up $3. [00:17.680 --> 00:24.640] Sober opened at $16.61, up $0.06, and Bitcoin is trading around $237.29. [00:24.640 --> 00:28.560] The Liberty Beat is brought to you by CoinArch, offering innovative online trading solutions [00:28.560 --> 00:29.560] for Bitcoin. [00:29.560 --> 00:34.520] Visit coinarch.com and sign up using coupon code MAX, and get free brokerage for the first [00:34.520 --> 00:35.520] seven days. [00:35.520 --> 00:38.640] It only takes $10 to start an account. [00:38.640 --> 00:40.200] That's coinarch.com. [00:40.200 --> 00:44.440] Looking to promote your business or cause to tens of thousands of loyal listeners? [00:44.440 --> 00:48.640] For a limited time only, the Liberty Beat is offering you the chance to stay big while [00:48.640 --> 00:50.120] spreading your message. [00:50.120 --> 00:51.120] It's simple. [00:51.120 --> 00:55.000] Just sign up for three months of advertising and get your fourth month free. [00:55.000 --> 01:00.320] Just visit thelibertybeat.com slash advertise and use coupon code GCN in the describe your [01:00.320 --> 01:01.320] company section. [01:01.320 --> 01:06.160] In the news, Tuesday evening, President Obama vetoed a bill which would have approved final [01:06.160 --> 01:08.580] construction of the Keystone XL pipeline. [01:08.580 --> 01:12.800] The White House released a statement explaining President Obama's position on the matter. [01:12.800 --> 01:16.920] The president believed the bill was in conflict with established executive branch procedures. [01:16.920 --> 01:21.800] Obama said there were security, safety, and environmental issues related to the bill that [01:21.800 --> 01:26.280] prevented him from signing it. [01:26.280 --> 01:32.600] On Thursday, the FCC will vote on the so-called net neutrality rules that have not been seen [01:32.600 --> 01:33.600] by the public. [01:33.600 --> 01:38.360] The FCC is expected to pass new rules on net neutrality with a vote of three to two. [01:38.360 --> 01:42.240] Net neutrality is aimed at providing a balanced equal treatment to all internet content. [01:42.240 --> 01:46.320] Critics say the new rules and suggestions to treat the internet like a public utility [01:46.320 --> 01:51.680] will lead to over regulation of the internet. [01:51.680 --> 01:55.740] In honor of the launch of the new and improved SovereignLiving.com, each day this week the [01:55.740 --> 02:00.360] Liberty Beat is bringing you a simple survival tip that just might save your life. [02:00.360 --> 02:02.540] With today's tip, here's John Bush. [02:02.540 --> 02:03.540] Make a bug out bag. [02:03.540 --> 02:08.060] A bug out bag is a bag or backpack which contains the bare essentials that you would need should [02:08.060 --> 02:10.500] you have to bug out for whatever reason. [02:10.500 --> 02:14.640] Some people call this a 72-hour bag as it should contain enough supplies to keep you [02:14.640 --> 02:17.040] alive for 72 hours. [02:17.040 --> 02:21.660] Included in the bag should be first aid supplies, non-perishable foods and eating utensils, [02:21.660 --> 02:26.840] tools to start a fire kept in a waterproof bag, ammo for your firearm, a flashlight with [02:26.840 --> 02:32.040] spare batteries, spare clothing, cash and anything else you may need to stay alive and [02:32.040 --> 02:34.360] somewhat comfortable for three days. [02:34.360 --> 02:38.320] Keep the bag in a quickly accessible place in your home or keep it in your automobile. [02:38.320 --> 02:43.640] Support for Liberty Beat comes from Central Texas Gunworks, your online source for firearms, [02:43.640 --> 02:45.520] firearm accessories and ammunition. [02:45.520 --> 02:48.280] They take major credit cards and now accept bitcoin. [02:48.280 --> 02:53.080] Visit them online at shop.centraltexasgunworks.com. [02:53.080 --> 02:57.480] This is the Liberty Beat for Thursday, February 26, 2015. [02:57.480 --> 03:22.280] Check out the website at thelibertybeat.com. [03:22.280 --> 03:43.280] Check out the website at shop.centraltexasgunworks.com, check out the website at shop.centraltexasgunworks.com, [03:43.280 --> 04:03.280] check out the website at shop.centraltexasgunworks.com, check out the website at shop.centraltexasgunworks.com, [04:03.280 --> 04:17.280] check out the website at shop.centraltexasgunworks.com, check out the website at shop.centraltexasgunworks.com, [04:17.280 --> 04:26.280] Stephen's Rule of Law Radio on this Thursday, the 26th day of February, 2015. [04:26.280 --> 04:32.300] And I'm in Austin today, one of my favorite places on earth. [04:32.300 --> 04:35.760] And I wanted to start out, we're going to have the phone lines open all night tonight, [04:35.760 --> 04:40.920] so I'll turn those on right away, we'll be taking questions on any subject. [04:40.920 --> 04:44.960] But I wanted to talk about loss mitigation. [04:44.960 --> 04:51.760] This is something having to do with foreclosure that we haven't talked about in quite a while. [04:51.760 --> 04:59.680] And while I'm talking about foreclosure issues, we'll be taking your questions and comments [04:59.680 --> 05:06.160] on any subject, we won't restrict it to just foreclosure, but I did want to start with [05:06.160 --> 05:07.160] loss mitigation. [05:07.160 --> 05:11.480] This is not something we've talked about much, as a matter of fact, it's not something I've [05:11.480 --> 05:13.960] looked into a whole lot. [05:13.960 --> 05:25.280] You know, we do a show on legal reform, and generally we in the legal reform arena think [05:25.280 --> 05:33.480] in terms of fighting the wrongs and evils of the world. [05:33.480 --> 05:44.920] And as I get older and have more experience, I'm learning to adjust my perception somewhat. [05:44.920 --> 05:54.080] Perhaps it's not always best to fight what we perceive to be injustice. [05:54.080 --> 06:03.320] Before we decide that something is wrong and conclude that we need to fight what we perceive [06:03.320 --> 06:14.920] to be wrong, it would behoove us to carefully examine the available remedies that do not [06:14.920 --> 06:17.920] include fighting. [06:17.920 --> 06:23.720] Because we've had a corpus juris that's been around for a long time, we've had people for [06:23.720 --> 06:35.400] generations addressing difficulties and problems and trying to do so in ways that do not necessarily [06:35.400 --> 06:43.360] involve fighting, but involve administrative and other types of remedies. [06:43.360 --> 06:51.080] So we want to kind of look at other remedies, and one of the other remedies is loss mitigation. [06:51.080 --> 07:01.280] We have laws put in place to assist us in that regard, and I had a page up on it, but [07:01.280 --> 07:10.320] I just dropped it, it's 12 CFR 1024.41. [07:10.320 --> 07:24.480] Uses to loss mitigation and requirements of the lender to provide certain remedies to [07:24.480 --> 07:25.480] a borrower. [07:25.480 --> 07:35.800] This is Regulation X, the Real Estate Settlement Procedures Act 12 CFR 1024.41. [07:35.800 --> 07:44.560] If a person files an application for loss mitigation that's essentially a request for [07:44.560 --> 07:54.720] a loan modification, then the lender has a number of requirements. [07:54.720 --> 07:59.880] Over the years we've talked about loan modification and how the banks used it as a scam, and they've [07:59.880 --> 08:03.240] certainly done that. [08:03.240 --> 08:10.840] But more recently we've had changes to the Real Estate Settlement Procedures Act that [08:10.840 --> 08:15.800] placed more specific duties on lenders. [08:15.800 --> 08:23.880] One of which is when they receive a loss mitigation application, they have five days to give notice [08:23.880 --> 08:31.800] that it has been received, and then they have 30 days to process it. [08:31.800 --> 08:39.440] And in reading the statute, you know when I read these consumer protection laws, what [08:39.440 --> 08:50.680] I seem to always find is that your legislators passed what appears to be a consumer protection [08:50.680 --> 08:58.720] statute so that they can stand up and puff out their chests and tell you as a voter what [08:58.720 --> 09:02.920] a great thing they've done in your benefit. [09:02.920 --> 09:12.760] But at the same time, while they are beholden to you as the voter, they're also beholden [09:12.760 --> 09:22.640] to the banks and the lobbyists who contribute large sums of money to their campaigns so [09:22.640 --> 09:29.120] that they can provide advertisement to reach you the voter. [09:29.120 --> 09:40.440] So the politicians are kind of in a catch-22 in that they are beholden to both sides of [09:40.440 --> 09:41.440] an issue. [09:41.440 --> 09:46.880] They're beholden to the banks for all the money they get, and they're beholden to the [09:46.880 --> 09:49.000] individual for the votes they get. [09:49.000 --> 09:53.520] So they pull this little scam on us. [09:53.520 --> 09:57.600] You and I, the voters, seem to be the easiest one to hoodwink. [09:57.600 --> 10:05.760] So they pass this supposed consumer protection statute, but they always leave holes in it [10:05.760 --> 10:08.800] for their money backers to slither through. [10:08.800 --> 10:26.160] And here, as I read 12 CFR 1024.41, while it requires the lender to notify the borrower [10:26.160 --> 10:33.240] in writing within five days after receiving the loss mitigation application that the server [10:33.240 --> 10:37.920] acknowledges receipt of the loss mitigation application and that the server has determined [10:37.920 --> 10:42.680] that the loss mitigation application is either complete or incomplete. [10:42.680 --> 10:51.240] And herein lies the rub, complete or incomplete, because once they give you notice, then they [10:51.240 --> 10:58.920] have another time limit I'm looking for, I'm not seeing it right here, I believe it was [10:58.920 --> 10:59.920] 30 days. [10:59.920 --> 11:07.000] You have 30 days to process your loss mitigation application. [11:07.000 --> 11:10.600] But the key word was complete. [11:10.600 --> 11:19.240] And so it begs the question, what is a complete loss mitigation application? [11:19.240 --> 11:26.920] All through 1024, it talks about a complete loss mitigation application, but nowhere. [11:26.920 --> 11:36.880] Nada, nothing indicates what constitutes a complete loss mitigation application. [11:36.880 --> 11:45.560] The only one, and it talks about how each servicer decides what a complete loss mitigation [11:45.560 --> 11:47.240] application is. [11:47.240 --> 11:56.920] And it encourages them to issue guidelines, but it doesn't require them to. [11:56.920 --> 12:00.920] So it left this huge hole open. [12:00.920 --> 12:11.480] And it almost renders this worthless, except that when you request a loss mitigation, when [12:11.480 --> 12:20.400] you file an application, if it is incomplete, then if you make the request at least 45 days [12:20.400 --> 12:31.600] before foreclosure, then they may not file a notice of default in order to initiate a [12:31.600 --> 12:33.480] foreclosure. [12:33.480 --> 12:40.200] Another problem, 45 days before a foreclosure. [12:40.200 --> 12:47.000] The problem with that is, is you don't know what the date of foreclosure is until the [12:47.000 --> 12:52.720] bank sets it and gives notice, and notice of the date of foreclosure is required to [12:52.720 --> 12:56.800] be given 21 days before foreclosure. [12:56.800 --> 13:00.340] So that's a nice slick little maneuver. [13:00.340 --> 13:06.640] You don't know how to make an application 45 days before the foreclosure costs. [13:06.640 --> 13:10.080] You don't know until 21 days before. [13:10.080 --> 13:15.120] This is the kind of thing your legislators do for you. [13:15.120 --> 13:22.520] Because there is a trick, you know, outside of this statute, we have ways of stopping [13:22.520 --> 13:25.800] the foreclosure sale, at least the first one. [13:25.800 --> 13:31.320] If you're looking at foreclosure and you haven't been offered a loan modification or offered [13:31.320 --> 13:42.560] opportunity to apply for a loan modification, then you send a letter to the trustee a day [13:42.560 --> 13:53.200] or two before the sale and give the trustee notice that the lender has not abided by all [13:53.200 --> 13:56.400] of the laws and rules required to do the foreclosure. [13:56.400 --> 14:05.080] And if you proceed to foreclosure, then you will not be acting in good faith. [14:05.080 --> 14:11.280] And this is important for a trustee because a trustee who does a foreclosure sale is immune [14:11.280 --> 14:20.040] from civil suit, so long as the trustee acts in good faith by sending the trustee a letter [14:20.040 --> 14:26.840] notifying him that there are problems with the foreclosure and that the trustee, if he [14:26.840 --> 14:32.520] proceeds to foreclosure with this knowledge, that he will not be acting in good faith will [14:32.520 --> 14:41.800] almost always get the trustee to back up and not sell the property on the first sale date. [14:41.800 --> 14:47.240] So once you get the first sale date, you get that 21 days before foreclosure, not enough [14:47.240 --> 14:50.040] time to file for loss mitigation. [14:50.040 --> 14:57.360] However, if you can stop the foreclosure, postpone it for a month, once the foreclosure [14:57.360 --> 15:06.400] sale date passes and the property didn't go up for auction, then there is no sale date [15:06.400 --> 15:08.720] sent. [15:08.720 --> 15:13.920] So now the door is open to file the loan mitigation application. [15:13.920 --> 15:21.000] Yeah, we have a lot of callers all of a sudden, so rather than me keep yacking about this, [15:21.000 --> 15:26.680] since we have a full board already, I'm going to go to our callers and they may have something [15:26.680 --> 15:28.600] more interesting than what I'm talking about. [15:28.600 --> 15:30.840] We're going to go to Jimmy in Maryland. [15:30.840 --> 15:31.840] Hello, Jimmy. [15:31.840 --> 15:43.960] Jimmy, you're getting a lot of background noise and I'm not getting any voice from you. [15:43.960 --> 15:46.960] Can you hang up and call back in? [15:46.960 --> 15:48.840] Maybe you'll get a better connection. [15:48.840 --> 15:50.520] Is that better? [15:50.520 --> 15:52.400] Oh, that is much better. [15:52.400 --> 15:53.400] Okay. [15:53.400 --> 15:55.680] How are you doing, Randy? [15:55.680 --> 15:56.680] I am doing well. [15:56.680 --> 15:59.680] What do you have for us tonight? [15:59.680 --> 16:03.080] Well, I got some concerns. [16:03.080 --> 16:10.280] I got a case that's supposed to go to trial on the 3rd of March and I've been unable to [16:10.280 --> 16:18.760] get the police officer and the state's attorney served for a cross complaint for injunctive [16:18.760 --> 16:19.760] release. [16:19.760 --> 16:20.760] Okay. [16:20.760 --> 16:21.760] Back up. [16:21.760 --> 16:26.160] Give us a little bit of background so we kind of understand what's going on. [16:26.160 --> 16:27.160] Okay. [16:27.160 --> 16:31.320] I got a case that's supposed to go to trial on the 3rd. [16:31.320 --> 16:35.120] I was supposed to have a motion hearing today. [16:35.120 --> 16:36.120] Okay. [16:36.120 --> 16:37.120] Hold on. [16:37.120 --> 16:38.120] Nature of the case, civil criminal. [16:38.120 --> 16:39.120] It's a criminal. [16:39.120 --> 16:40.120] Okay. [16:40.120 --> 16:41.120] Misdemeanor felony. [16:41.120 --> 16:42.120] Not misdemeanor. [16:42.120 --> 16:43.120] Okay. [16:43.120 --> 16:44.120] Hang on. [16:44.120 --> 16:45.120] We're about to do the break. [16:45.120 --> 16:46.120] We'll pick this up on the other side. [16:46.120 --> 16:47.120] Randy, can you hear me? [16:47.120 --> 16:52.120] Okay, hang on, we're about to do the break, we'll pick this up on the other side, Randy [16:52.120 --> 16:57.960] Kelton, Deborah Stevens, Rue of La Radio, I'll call in number 512-646-1984, we'll be [16:57.960 --> 16:58.960] right back. 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[18:59.960 --> 19:15.440] You are listening to the Logos Radio Network, the Logos Radio Network dot com. [19:15.440 --> 19:42.160] I'm happy to jump in with a quick bystep instruction, thank you very much. [19:42.160 --> 20:12.080] Okay, we are back. [20:12.080 --> 20:16.640] Randy Kelton, Debra Stevens, Root of Law Radio and Jimmy, I'm not trying to ask, I'm [20:16.640 --> 20:18.000] not asking anything personal. [20:18.000 --> 20:26.200] I'm asking for referential index misdemeanor, is it a traffic or something more serious [20:26.200 --> 20:27.200] than traffic? [20:27.200 --> 20:28.200] Oh, traffic. [20:28.200 --> 20:29.200] Oh, okay. [20:29.200 --> 20:30.200] Okay. [20:30.200 --> 20:31.200] So basically, where are we? [20:31.200 --> 20:32.200] Okay. [20:32.200 --> 20:42.320] We're at the point where I was supposed to have a motion hearing today, but it was canceled [20:42.320 --> 20:47.640] because, you know, it's snow here in Maryland, you know, so the courthouse was closed. [20:47.640 --> 20:53.360] The trial date, you know, I saw Jerry trial, the trial date is on the 3rd of March, which [20:53.360 --> 20:54.360] is next Tuesday. [20:54.360 --> 21:00.160] But it's not a judge said that that day cannot be changed, that's set, that's a permanent [21:00.160 --> 21:01.160] date. [21:01.160 --> 21:06.960] So I found the, what's it called, a cross-complaint for injunctive relief. [21:06.960 --> 21:15.000] Okay, wait a minute, you have a cross-complaint for injunctive relief? [21:15.000 --> 21:17.440] What's the nature of the injunctive relief? [21:17.440 --> 21:22.560] Well, there's several things, one I mentioned that the police... [21:22.560 --> 21:27.160] Okay, hold on, let me explain why I'm asking this question. [21:27.160 --> 21:35.440] Normally, in a criminal action, you cannot file a cross-complaint. [21:35.440 --> 21:42.320] So it's important to understand what the nature of the injunctive relief is. [21:42.320 --> 21:53.040] It may well be that you merely have a motion asking for due process or something, and I'm [21:53.040 --> 21:58.640] kind of being pedantic here, but you wouldn't go into court calling that a cross-complaint [21:58.640 --> 22:04.480] because if you say cross-complaint in front of the prosecutor, he's going to jump up and [22:04.480 --> 22:10.200] down and wave his arms and wail in righteous indignation so you can't do that. [22:10.200 --> 22:17.960] Even if your request for injunctive relief is proper, if you use the wrong terminology, [22:17.960 --> 22:20.480] you're going to get the prosecutor all over you. [22:20.480 --> 22:24.760] So what are you asking for the court to enjoin? [22:24.760 --> 22:35.200] Well, I've decided that the police officer failed due to his judiciary duty. [22:35.200 --> 22:43.240] I talked to you a few weeks ago about that they did not properly identify me on the citation [22:43.240 --> 22:47.360] of this driver's license number. [22:47.360 --> 22:52.440] The police officer has a duty to check the validity of when he cites somebody, you know, [22:52.440 --> 23:04.080] make sure that the- Yeah, but if they can't, is the citation that [23:04.080 --> 23:12.680] you're defending, I'm sorry, does it involve something concerning the validity of the license [23:12.680 --> 23:13.680] itself? [23:13.680 --> 23:17.960] I'm just trying to say that it is suspended and revoked. [23:17.960 --> 23:20.880] Let me say that again. [23:20.880 --> 23:26.560] They're saying that I was driving on a suspended license and driving on a license was revoked. [23:26.560 --> 23:29.920] And he used the wrong license number? [23:29.920 --> 23:30.920] Yes. [23:30.920 --> 23:34.360] Now, that is very relevant. [23:34.360 --> 23:41.120] So, okay, now what is the nature of the injunction you're asking for? [23:41.120 --> 23:48.240] Well, I'm saying that the officer failed due to his judiciary duty by checking the status [23:48.240 --> 23:50.480] and the issuance of that driver's license. [23:50.480 --> 23:51.480] Okay, hold on, hold on. [23:51.480 --> 23:56.800] I'm going to suggest that may be the wrong tactic. [23:56.800 --> 24:05.520] He's accused you of driving on a revoked license and the license he's claiming that you were [24:05.520 --> 24:14.440] driving on that is revoked is a license number that's different than your license number? [24:14.440 --> 24:23.120] It's a driver's license that they created to cite me with. [24:23.120 --> 24:25.120] Explained. [24:25.120 --> 24:32.080] I don't have the driver's license and when I resent my driver's license in 1998, it's [24:32.080 --> 24:35.160] not the same driver's license number that I resent. [24:35.160 --> 24:36.880] It's completely different. [24:36.880 --> 24:41.280] Okay, so you did at one time have a driver's license. [24:41.280 --> 24:42.280] Yes. [24:42.280 --> 24:53.240] And you, now what's the right term, you rescinded your license, you didn't renew your license. [24:53.240 --> 24:58.680] And the license you had, the license number doesn't match the one that you've been accused [24:58.680 --> 25:02.680] of having in the past? [25:02.680 --> 25:04.680] That is correct. [25:04.680 --> 25:12.280] So, have you run a check on that number to see who actually owns that driver's license? [25:12.280 --> 25:13.280] No, they don't. [25:13.280 --> 25:14.280] They don't. [25:14.280 --> 25:15.280] I checked with the NBA. [25:15.280 --> 25:22.280] When they can sign in the system, they will create a number that isn't soundexed, but [25:22.280 --> 25:27.080] you didn't know about a few weeks ago, they can soundex a system to create a driver's [25:27.080 --> 25:28.800] license number for you. [25:28.800 --> 25:33.240] Okay, so they just made up a number. [25:33.240 --> 25:34.240] Exactly. [25:34.240 --> 25:39.960] Then, okay, what is the nature of your request? [25:39.960 --> 25:45.840] I'm trying to find ways of just getting it dismissed. [25:45.840 --> 25:53.120] So that's why I brought it across to the main, trying to be the plaintiff to bring up some [25:53.120 --> 25:57.080] issues that they did not follow the rules of law in fighting me. [25:57.080 --> 26:01.480] And that's one issue I know I have that I also did not check to see this wasn't an issue [26:01.480 --> 26:06.160] to me and it wasn't issued by the U.S. Department of State. [26:06.160 --> 26:13.200] Okay, so I think I'm getting kind of clear on where you're going. [26:13.200 --> 26:22.080] You were stopped while traveling and you were accused of driving on a suspended license, [26:22.080 --> 26:23.080] revoked license. [26:23.080 --> 26:24.080] What? [26:24.080 --> 26:25.080] Right. [26:25.080 --> 26:26.080] Now, there was two. [26:26.080 --> 26:27.080] Which one? [26:27.080 --> 26:28.080] Both of them. [26:28.080 --> 26:39.280] Okay, and they claimed that this license number that they used is the one that was suspended [26:39.280 --> 26:40.280] or revoked. [26:40.280 --> 26:41.280] Yes. [26:41.280 --> 26:48.280] Then, have you done any discovery? [26:48.280 --> 26:59.480] Yeah, but in the injunction relief, I'm also asking for discovery in that. [26:59.480 --> 27:00.480] Okay. [27:00.480 --> 27:01.480] What are you asking for? [27:01.480 --> 27:08.200] I'm asking for full discovery of information that I'm not privileged to have. [27:08.200 --> 27:09.200] Okay. [27:09.200 --> 27:10.200] Now, hold on. [27:10.200 --> 27:11.840] You're being way too general here. [27:11.840 --> 27:21.680] Have you read your code on the evidentiary code for Maryland? [27:21.680 --> 27:22.680] Yeah. [27:22.680 --> 27:29.720] Well, in the discovery, it talks about this scope of discovery that you could be allowed [27:29.720 --> 27:30.720] to get things. [27:30.720 --> 27:31.720] No, no. [27:31.720 --> 27:33.120] I'm not talking about discovery here. [27:33.120 --> 27:39.360] I'm talking about what constitutes evidence. [27:39.360 --> 27:44.800] What must the prosecution prove? [27:44.800 --> 27:54.760] What are the elements of the crime of driving on a revoked or suspended license? [27:54.760 --> 27:58.640] Don't get lost in stuff that doesn't count. [27:58.640 --> 28:03.840] The first thing you should really do when you get accused of something like this is [28:03.840 --> 28:09.040] see if you can find the model jury charge. [28:09.040 --> 28:11.800] You should always start at the end. [28:11.800 --> 28:16.680] What is the last thing the court's going to say to the jury? [28:16.680 --> 28:22.880] They're going to say, this is what the person has been charged of. [28:22.880 --> 28:29.560] These are the elements of the crime that the prosecution must prove. [28:29.560 --> 28:35.920] And you must determine whether or not the prosecution proved each of these elements. [28:35.920 --> 28:45.920] So what are the elements of the crime you were accused of committing? [28:45.920 --> 28:48.260] Let me hypothesize. [28:48.260 --> 28:56.880] You were issued a, you voluntarily applied for a license to operate a commercial vehicle [28:56.880 --> 29:01.280] in the state of Maryland. [29:01.280 --> 29:09.280] In the application, you agreed to abide by certain traffic laws. [29:09.280 --> 29:16.680] You were granted a license by the state of Maryland based on your agreement to abide [29:16.680 --> 29:24.280] by these laws and you violated one of those laws. [29:24.280 --> 29:31.920] Without reading the actual elements of the crime, that is what I would expect the elements [29:31.920 --> 29:36.840] to have to read. [29:36.840 --> 29:43.400] So we'll pick this up when we come back on the other side, and I'm not trying to be pedantic, [29:43.400 --> 29:47.200] but if we don't get this right, they'll just blow us off really easy. [29:47.200 --> 29:48.200] Hang on. [29:48.200 --> 29:49.200] Randy Kelton's. [29:49.200 --> 29:56.600] Deborah Stevens, rule of our radio, our call in number 512-646-1984, we'll be right back. [29:56.600 --> 30:04.040] Cell phones are an indispensable part of modern life. [30:04.040 --> 30:08.840] Nearly 90% of adults and three quarters of teens now have one, but are cell phones really [30:08.840 --> 30:09.840] safe? [30:09.840 --> 30:12.760] I'm Dr. Catherine Albrecht, and I'll be right back with the facts. [30:12.760 --> 30:17.360] Google is watching you, recording everything you've ever searched for and creating a massive [30:17.360 --> 30:19.600] database of your personal information. [30:19.600 --> 30:20.600] That's creepy. 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[30:58.600 --> 31:02.880] Picture a basketball with your phone in the middle, then keep that sphere away from your [31:02.880 --> 31:05.080] brain and reproductive organs. [31:05.080 --> 31:09.240] Don't hold it near your head or in your pocket and use the speakerphone or get a corded headset [31:09.240 --> 31:10.240] or a Bluetooth headset. [31:10.240 --> 31:15.360] And before you buy your next phone, check its SAR rating to see how much exposure you're [31:15.360 --> 31:16.360] getting. [31:16.360 --> 31:17.360] Obviously, the less the better. [31:17.360 --> 31:19.760] This is Dr. Catherine Albrecht. [31:19.760 --> 31:31.200] More news and information at CatherineAlbrecht.com. [31:31.200 --> 31:35.560] Did you know there are three million edible food plants on earth, and none have the nutritional [31:35.560 --> 31:37.240] value of a hemp plant? [31:37.240 --> 31:39.880] HempUSA.org offers you hemp protein powder. [31:39.880 --> 31:45.720] It does not contain chemicals or THC, is non-GMO, and is 100% gluten-free. [31:45.720 --> 31:50.880] Hemp protein powder burns fat, builds muscle, contains 53% protein, and feeds the body the [31:50.880 --> 31:52.360] nutrients it needs. [31:52.360 --> 32:02.760] Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org. [32:02.760 --> 32:05.600] Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. [32:05.600 --> 32:09.440] In today's America, we live in an us-against-them society, and if we the people are ever going [32:09.440 --> 32:13.360] to have a free society, then we're going to have to stand and defend our own rights. [32:13.360 --> 32:16.560] Among those rights are the right to travel freely from place to place, the right to act [32:16.560 --> 32:20.560] in our own private capacity, and most importantly, the right to due process of law. [32:20.560 --> 32:24.440] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.440 --> 32:25.840] our rights through due process. [32:25.840 --> 32:29.800] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:29.800 --> 32:33.560] most comprehensive teaching tool available that will help you understand what due process [32:33.560 --> 32:35.960] is and how to hold the courts to the rule of law. [32:35.960 --> 32:39.960] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.960 --> 32:41.320] ordering your copy today. [32:41.320 --> 32:44.680] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.680 --> 32:49.080] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.080 --> 32:51.400] documents, and other useful resource material. [32:51.400 --> 32:55.360] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.360 --> 33:00.880] Order your copy today, and together we can have the free society we all want and deserve. [33:00.880 --> 33:06.600] Live, free speech radio, logosradionetwork.com. [34:00.880 --> 34:14.520] Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Jimmy [34:14.520 --> 34:15.520] in Maryland. [34:15.520 --> 34:21.440] And where I'm going, Jimmy, is if you're going to frame a case, you got to start at the beginning. [34:21.440 --> 34:26.600] What does the prosecution have to prove? [34:26.600 --> 34:33.840] And I apologize for that phone in the background, I can't get to it to shut it off. [34:33.840 --> 34:34.840] I'm not at home. [34:34.840 --> 34:42.800] I'm down here in Austin, so anyway, what does the prosecution have to prove? [34:42.800 --> 34:45.640] And the elements of the crime are what the prosecution has to prove. [34:45.640 --> 34:49.280] So that's the first thing you need to discover. [34:49.280 --> 35:02.840] And here, if you're being accused of operating in a licensed capacity with a revoked license, [35:02.840 --> 35:10.480] you have to be able to show that there was a license to begin with, that you applied [35:10.480 --> 35:21.400] for the license and agreed to the regulatory authority, and then that license was revoked. [35:21.400 --> 35:26.940] So I would want to see all of the, I want to see the application for the license that [35:26.940 --> 35:35.160] shows that you volunteered to be a part of their regulatory scheme. [35:35.160 --> 35:42.520] The acceptance of your application by the issuance of the license, and show evidence [35:42.520 --> 35:49.360] that this license was actually issued to you, and then show evidence that this license was [35:49.360 --> 35:52.000] actually revoked. [35:52.000 --> 35:59.760] If they made up the license, they're not going to have this information. [35:59.760 --> 36:07.440] I am having a terrible time understanding you. [36:07.440 --> 36:08.440] Something's wrong with your connection. [36:08.440 --> 36:09.440] I'm still having trouble. [36:09.440 --> 36:14.840] It sounds like you're in a well or something. [36:14.840 --> 36:15.840] That's better. [36:15.840 --> 36:16.840] Do you want to hands-free? [36:16.840 --> 36:17.840] No, no. [36:17.840 --> 36:18.840] That's maybe where I'm at. [36:18.840 --> 36:19.840] The connection's probably not that well. [36:19.840 --> 36:20.840] Okay. [36:20.840 --> 36:21.840] That's much better. [36:21.840 --> 36:30.920] You know, they always show a certified driving record. [36:30.920 --> 36:31.920] That's all they show. [36:31.920 --> 36:38.000] I mean, it's only presented as a certified driving record, and you can get you a... [36:38.000 --> 36:39.000] Okay. [36:39.000 --> 36:40.000] Put in a... [36:40.000 --> 36:44.200] Actually, I kind of like Bushwack better. [36:44.200 --> 36:52.040] If you give them notice by request for discovery, then they're going to come up with a way to [36:52.040 --> 36:56.920] get around you, because they're acting in concert inclusion with the judge. [36:56.920 --> 36:58.400] You need to catch them flat-footed. [36:58.400 --> 37:01.480] Do you have a jury trial? [37:01.480 --> 37:02.480] Uh-huh. [37:02.480 --> 37:03.480] Good. [37:03.480 --> 37:04.480] Okay. [37:04.480 --> 37:10.120] Then the prosecution's going to get up. [37:10.120 --> 37:12.200] They're going to present their case. [37:12.200 --> 37:19.480] As soon as you get the witness, you ask the witness to provide for the court evidence [37:19.480 --> 37:26.960] that you applied for this license, and then ask them to produce evidence that a license [37:26.960 --> 37:32.840] was actually issued, and then evidence that the license that was actually issued was actually [37:32.840 --> 37:33.840] revoked. [37:33.840 --> 37:34.840] Okay. [37:34.840 --> 37:45.000] If you can't produce any one of these, ask for a directed verdict of not guilty. [37:45.000 --> 37:46.000] Okay. [37:46.000 --> 37:54.400] If you try discovery, they generally deny discovery in traffic issues, because they [37:54.400 --> 37:57.480] want to make it really hard for you. [37:57.480 --> 37:59.200] So ask them to produce it in court. [37:59.200 --> 38:04.560] In order to prove the elements of the crime, this is what they're going to have to prove. [38:04.560 --> 38:05.560] Okay. [38:05.560 --> 38:08.040] And bushwhack's always better. [38:08.040 --> 38:13.080] You can't do bushwhacking civil, but for the most part, you can. [38:13.080 --> 38:17.840] We'll explain on another time how you can do bushwhacking civil. [38:17.840 --> 38:23.800] You do bushwhack based on a statement somebody else makes. [38:23.800 --> 38:29.200] Then you can bushwhack them by asking them to validate the statement, but in criminal, [38:29.200 --> 38:32.600] you can bushwhack them, and here, this is not bushwhack. [38:32.600 --> 38:34.640] This is straightforward. [38:34.640 --> 38:39.400] These are the things that must have occurred. [38:39.400 --> 38:46.160] They have to approve that these things occurred, and generally on revoked license, they take [38:46.160 --> 38:51.360] a shortcut and just say you were driving without a license and charge you with revoked. [38:51.360 --> 39:01.480] So get the driving on revoked or suspended license, read the statute, and ask the police [39:01.480 --> 39:12.240] officer who wrote the citation to provide evidence of each of the elements of the crime. [39:12.240 --> 39:17.200] If he doesn't have evidence of each of the elements of the crime, he did not have probable [39:17.200 --> 39:21.520] cause to write the citation in the first place if you move that the case be dismissed for [39:21.520 --> 39:22.520] lack of evidence. [39:22.520 --> 39:23.520] Okay. [39:23.520 --> 39:25.680] I really need to move along. [39:25.680 --> 39:30.200] We've got a large stack of callers today. [39:30.200 --> 39:33.120] Think about it and call back in tomorrow night. [39:33.120 --> 39:35.080] We can discuss it at more depth. [39:35.080 --> 39:36.080] Okay. [39:36.080 --> 39:37.080] Sounds good. [39:37.080 --> 39:38.080] Sounds good, Randy. [39:38.080 --> 39:39.080] Thank you so much. [39:39.080 --> 39:40.080] Okay. [39:40.080 --> 39:41.080] Thank you, Jimmy. [39:41.080 --> 39:43.400] Now we're going to go to Jeff in Mississippi. [39:43.400 --> 39:44.400] Hello, Jeff. [39:44.400 --> 39:45.400] Hello, Randy. [39:45.400 --> 39:47.800] Thanks for having me on. [39:47.800 --> 39:49.400] Glad to have you. [39:49.400 --> 39:51.480] Have you kicked their behinds yet? [39:51.480 --> 39:53.720] Well, I'm on my way. [39:53.720 --> 39:59.160] My motion hearing is in April, so I have two months. [39:59.160 --> 40:10.720] They want me to resubmit the two motions that I already have in my file. [40:10.720 --> 40:17.920] They want me to submit one to the judge's actual private office, one to the prosecutor [40:17.920 --> 40:24.640] and then one to the court, so they want me to do three of them, and that's fine. [40:24.640 --> 40:30.400] I've done a little bit of homework, and so I've got a question to ask you real quick, [40:30.400 --> 40:37.600] and that is when I submit all three of these motions in, these two motions into every one [40:37.600 --> 40:45.260] of these people, I found out that they have to, they have to, or at least the prosecutor [40:45.260 --> 40:49.280] has to answer my motions before the motions hearing. [40:49.280 --> 40:51.280] Is that true? [40:51.280 --> 40:52.280] No. [40:52.280 --> 40:53.280] No. [40:53.280 --> 40:54.280] Okay. [40:54.280 --> 41:02.960] But if he doesn't answer the motion, he can't come in the hearing and bring up anything [41:02.960 --> 41:07.440] that wasn't in an answer. [41:07.440 --> 41:09.160] I don't understand. [41:09.160 --> 41:10.160] Okay. [41:10.160 --> 41:19.880] If you make assertions or allegations in your motion and he doesn't rebut any of those, [41:19.880 --> 41:22.640] then he admits to them. [41:22.640 --> 41:23.640] Oh. [41:23.640 --> 41:25.880] No bushwhack. [41:25.880 --> 41:28.600] You can bushwhack him, he can't bushwhack you. [41:28.600 --> 41:34.000] Well, but the judge, of course, is going to side for him and then overrule and push it [41:34.000 --> 41:35.000] all under the rug. [41:35.000 --> 41:37.400] Of course he is, but you're just setting the record for appeal. [41:37.400 --> 41:38.400] Okay. [41:38.400 --> 41:40.400] So I don't need to get hot and heavy. [41:40.400 --> 41:42.120] No, no, no. [41:42.120 --> 41:49.980] You're just going check, check, check, objection, let the record reflect the defendant's exception [41:49.980 --> 41:55.440] to the ruling and that's saying, I'm just preserving this for appeal. [41:55.440 --> 41:59.480] And I've had a judge get real annoyed with me doing that and saying, Mr. Kelton, that [41:59.480 --> 42:00.480] won't be necessary. [42:00.480 --> 42:07.040] Well, your honor, will you accept that I object to everything the prosecutor does and maintain [42:07.040 --> 42:10.000] that on the record so that I don't have to keep annoying the court? [42:10.000 --> 42:12.920] And he said, yes, Mr. Kelton, I will accept that. [42:12.920 --> 42:14.640] So I quit objecting. [42:14.640 --> 42:18.320] So everything's objected to, but don't worry about it. [42:18.320 --> 42:24.280] Let the judge do anything he wants to, and you're just setting the record for appeal. [42:24.280 --> 42:31.480] And a question I have about this, they want you to submit the motion. [42:31.480 --> 42:35.000] Well, to mail it, to re-mail them in. [42:35.000 --> 42:36.000] Okay. [42:36.000 --> 42:44.440] Re-mail them a, you already have it in the court record, right? [42:44.440 --> 42:45.720] Yes. [42:45.720 --> 42:51.960] I suggest, do you have a sort of, you have the copy that the clerk gave you when she [42:51.960 --> 42:52.960] stamped it? [42:52.960 --> 42:53.960] I believe I do. [42:53.960 --> 42:54.960] Yeah. [42:54.960 --> 42:55.960] It's about six months old. [42:55.960 --> 42:56.960] It's been sitting in the case. [42:56.960 --> 42:57.960] Okay. [42:57.960 --> 43:04.200] I'm going to ask you to go to a notary and ask a notary to do a notarial presentment. [43:04.200 --> 43:05.200] Okay. [43:05.200 --> 43:11.560] Now, if you listen to the legal reform guys, they'll talk about notarial presentments as [43:11.560 --> 43:17.040] if there's some kind of magic wand you can wave around. [43:17.040 --> 43:18.040] They're no such thing. [43:18.040 --> 43:20.660] They're done for a very specific purpose. [43:20.660 --> 43:30.120] You take this to a notary and say, here is the copy, the actual stamped copy from the [43:30.120 --> 43:37.040] notary, from the clerk that I received when I filed this motion and asked the notary to [43:37.040 --> 43:44.200] make copies of these and certified the copies the notary makes and have the notary send [43:44.200 --> 43:53.800] a copy to the clerk, to the judge, and to the prosecutor and make sure he writes copy [43:53.800 --> 44:02.440] on the top of each of these documents because you don't want the court trying to put... [44:02.440 --> 44:03.440] Hello. [44:03.440 --> 44:08.040] My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by [44:08.040 --> 44:13.000] our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas, buying Brave New [44:13.000 --> 44:16.920] Books and Chase Bank to see all our fantastic health and wellness products with your very [44:16.920 --> 44:17.920] own eyes. 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[45:18.960 --> 45:23.320] If you don't have a lawyer, know what you should do for yourself. [45:23.320 --> 45:28.120] Thousands have won with our step-by-step course and now you can too. [45:28.120 --> 45:34.880] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.880 --> 45:39.520] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.520 --> 45:43.680] principles and practices that control our American courts. [45:43.680 --> 45:49.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.880 --> 45:52.160] pro se tactics and much more. [45:52.160 --> 46:10.760] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EASY. [46:10.760 --> 46:36.440] Okay. [46:36.440 --> 46:37.440] We are back. [46:37.440 --> 46:42.960] Randy Kelton, Debra Stevens, Rule of Law Radio and we're talking to Jeff in Mississippi. [46:42.960 --> 46:50.480] Okay Jeff, the point of that is, is you don't want these guys treating this as a newly filed [46:50.480 --> 46:51.480] motion. [46:51.480 --> 46:52.480] Okay. [46:52.480 --> 46:58.680] You've already filed this motion, so you're not refiling it, you're sending copies to [46:58.680 --> 47:02.800] each of the parties. [47:02.800 --> 47:07.920] The prosecutor's trying to repurchase time to answer. [47:07.920 --> 47:14.240] Have you looked in the statute to see how much time someone has to respond to a motion? [47:14.240 --> 47:15.240] No. [47:15.240 --> 47:23.440] You might look in there and see that now, generally this is how it works. [47:23.440 --> 47:29.880] Criminal is a subset of civil. [47:29.880 --> 47:40.120] So where there is not a specific procedure written into the code of criminal procedure, [47:40.120 --> 47:48.080] then you will adopt those procedures from the rules of civil procedure. [47:48.080 --> 47:55.840] So if you don't have something in criminal that says on a motion by the defendant, the [47:55.840 --> 48:05.160] prosecution has X amount of time to respond, then you can assume the time limits from the [48:05.160 --> 48:06.920] rules of civil procedure. [48:06.920 --> 48:09.600] That's normally how this is done. [48:09.600 --> 48:11.240] All right. [48:11.240 --> 48:17.840] But so far as I know, okay, what is the nature of this motion? [48:17.840 --> 48:26.080] One was the motion to dismiss and the other is the motion in lemony. [48:26.080 --> 48:27.600] Okay. [48:27.600 --> 48:31.940] These would need a response. [48:31.940 --> 48:40.600] You should have anything that the prosecutor now attempts to bring, if he doesn't answer, [48:40.600 --> 48:51.920] you should object to it as, not bushwhack, surprise. [48:51.920 --> 48:53.800] It's called surprise. [48:53.800 --> 48:58.520] They're not allowed to surprise you in court with his objection. [48:58.520 --> 49:00.960] That you filed a timely motion. [49:00.960 --> 49:04.880] The prosecutor had plenty of time to respond to that motion. [49:04.880 --> 49:11.160] Now he comes to the court and surprises you with an objection that you have not had time [49:11.160 --> 49:16.920] to investigate and prepare a rebuttal to. [49:16.920 --> 49:27.080] So you object outright to him bringing any rebuttal, especially to the motion to dismiss. [49:27.080 --> 49:31.600] So if he argues immediate objection, surprise. [49:31.600 --> 49:33.600] Yes. [49:33.600 --> 49:36.800] If he tries to bring up anything, you object. [49:36.800 --> 49:39.360] You filed a timely motion. [49:39.360 --> 49:41.960] He had opportunity to answer and he failed to do so. [49:41.960 --> 49:47.840] He may not come to court now and surprise me in front of the court with an objection [49:47.840 --> 49:51.440] that he has not advised me that he was bringing. [49:51.440 --> 49:55.640] Is this at the motion hearing or the trial itself? [49:55.640 --> 49:57.640] At the motion hearing. [49:57.640 --> 50:00.560] Got it. [50:00.560 --> 50:05.520] And they're trying to get you to refile so he gets, I'm going to bet you there's a time [50:05.520 --> 50:06.520] requirement. [50:06.520 --> 50:09.840] How long before the hearing? [50:09.840 --> 50:13.080] I've got two months and I thought that was very strange. [50:13.080 --> 50:19.120] They wanted me to resubmit or refile those motions because I've given the prosecutor [50:19.120 --> 50:23.120] and the court clerk each one. [50:23.120 --> 50:27.760] And so when the judge says, well, I want you to do that again and then send me a copy. [50:27.760 --> 50:30.840] File an objection. [50:30.840 --> 50:31.840] Okay. [50:31.840 --> 50:33.320] I just thought that was very suspicious. [50:33.320 --> 50:36.680] So you just answered that because they're trying to buy more time. [50:36.680 --> 50:37.680] Yeah. [50:37.680 --> 50:39.800] They're trying to make it look like you just filed it. [50:39.800 --> 50:51.480] File an objection as the motion has been timely filed and service has been made to each party. [50:51.480 --> 50:58.000] And then when they insist, then you send them a document labeled copy. [50:58.000 --> 51:09.160] If you send a copy to the clerk, then if she restamps it, then it won't help her because [51:09.160 --> 51:14.280] the clerk has to file an original. [51:14.280 --> 51:19.600] She can't accept a copy and if this one has a copy written across it, she's got a problem. [51:19.600 --> 51:21.320] Okay. [51:21.320 --> 51:25.840] So we're going to find the original motion and just rescind that copy. [51:25.840 --> 51:26.840] Yeah. [51:26.840 --> 51:27.840] Yeah. [51:27.840 --> 51:28.840] Make a copy of it. [51:28.840 --> 51:29.840] Don't give them your original. [51:29.840 --> 51:30.840] Nobody gets that. [51:30.840 --> 51:33.280] And have a notary do it. [51:33.280 --> 51:34.400] Okay. [51:34.400 --> 51:43.680] So you can bring a third party in and say, I examined the original and made a copy of [51:43.680 --> 51:53.520] an accurate copy of the original and I mailed these to them, to the court myself. [51:53.520 --> 52:00.200] During the hearing, I believe that I might've agreed when the judge wanted me to send him [52:00.200 --> 52:01.200] a copy. [52:01.200 --> 52:04.800] It might be on the record saying, okay. [52:04.800 --> 52:05.800] Okay. [52:05.800 --> 52:12.000] If you, if you agreed to it, send him a copy, but make sure it's written in big letters, [52:12.000 --> 52:15.640] copy or stamp it with a red stamp. [52:15.640 --> 52:22.680] Go to office depot and they'll have a stamp for copy and get a red one. [52:22.680 --> 52:23.680] Okay. [52:23.680 --> 52:26.320] And stamp it with a red stamp copy. [52:26.320 --> 52:27.800] Got it. [52:27.800 --> 52:30.880] Here you go. [52:30.880 --> 52:32.760] Okay. [52:32.760 --> 52:34.560] So we do not want to refile. [52:34.560 --> 52:38.280] I did not know that that is a neat little trick that you just taught everybody on the [52:38.280 --> 52:39.280] radio. [52:39.280 --> 52:43.240] Well, you gotta watch these dirty rotten rascals. [52:43.240 --> 52:44.680] Yeah. [52:44.680 --> 52:49.360] Because my objection is that they've run out of time to begin with. [52:49.360 --> 52:53.280] So they're trying to reset the clock. [52:53.280 --> 52:54.280] Yeah. [52:54.280 --> 53:01.240] You might write, you might stamp copy and write under copy document filed and put the [53:01.240 --> 53:02.240] document date. [53:02.240 --> 53:06.240] When it was filed back in July. [53:06.240 --> 53:07.240] Exactly. [53:07.240 --> 53:08.240] Okay. [53:08.240 --> 53:09.240] Got it. [53:09.240 --> 53:10.240] Okay. [53:10.240 --> 53:11.240] That is my question. [53:11.240 --> 53:12.240] I will call back next week. [53:12.240 --> 53:13.240] Thank you. [53:13.240 --> 53:14.240] Thank you, Jeff. [53:14.240 --> 53:15.240] Okay. [53:15.240 --> 53:18.240] Now we're going to go to Mike in Texas. [53:18.240 --> 53:19.240] Hello, Mike. [53:19.240 --> 53:22.240] What do you have for us today? [53:22.240 --> 53:23.240] Hey, Randy. [53:23.240 --> 53:24.240] Let's see. [53:24.240 --> 53:25.240] I'm not sure. [53:25.240 --> 53:32.240] It's been, you know, so much interesting things since the last time I called. [53:32.240 --> 53:33.240] Wait a minute. [53:33.240 --> 53:34.240] I'm having a little trouble understanding you. [53:34.240 --> 53:37.240] Can you pull the mic a little bit away from your mouth? [53:37.240 --> 53:38.240] Okay. [53:38.240 --> 53:39.240] I was thinking about the press delegation by Travis County. [53:39.240 --> 53:44.640] I've taken the case to the United States, the Supreme Court of the United States and [53:44.640 --> 53:47.120] they've asked me to refile. [53:47.120 --> 53:51.840] And so I'm about to refile this week. [53:51.840 --> 53:55.200] And then I guess on a side note, it's kind of interesting. [53:55.200 --> 54:00.720] I've still been trying to get basic evidence from Travis County. [54:00.720 --> 54:01.720] It's been years. [54:01.720 --> 54:07.440] I've, you know, there's a stack of paperwork about six inches high at least [54:07.440 --> 54:12.320] that I have submitted to the court because I'm suing the sheriff in Travis County just [54:12.320 --> 54:14.520] for video evidence. [54:14.520 --> 54:24.600] And back in July last year, the county attorney after the judge said that probably would sign [54:24.600 --> 54:28.840] in my case because I probably knocked it out of the park, the county attorney... [54:28.840 --> 54:33.000] Wait a minute, wait a minute, I'm having a terrible time understanding you. [54:33.000 --> 54:39.200] It's not differential to Mr. Hendel, we do it as a matter of policy prior to, you know, [54:39.200 --> 54:43.000] long before all possibility of... [54:43.000 --> 54:46.640] Hold on Mike, you're... [54:46.640 --> 54:49.440] Mike, you apparently are not hearing me. [54:49.440 --> 54:54.160] I can't understand you, I keep telling you that and you keep talking, so we need to figure [54:54.160 --> 54:57.760] out a way for you to hear me to realize I can't understand what you're saying. [54:57.760 --> 55:00.080] Can you hear me, can you hear me? [55:00.080 --> 55:04.720] I can hear you but your mic's booming and I haven't been able to understand what you [55:04.720 --> 55:05.720] were saying. [55:05.720 --> 55:10.920] Move the mic a little bit away from your mouth and try it again. [55:10.920 --> 55:11.920] Is that better? [55:11.920 --> 55:14.960] Yeah, try that, that sounds better. [55:14.960 --> 55:20.400] Okay, I apologize, I misused my phone, I had it on speaker walls listening to you and then [55:20.400 --> 55:25.280] I took it off and I guess it dimmed the mic a little bit. [55:25.280 --> 55:27.280] I apologize for that, Randy. [55:27.280 --> 55:32.840] Oh, this is Mike, okay, I don't know who you are, I didn't look at the number. [55:32.840 --> 55:38.760] Okay, now I kind of understand the case, can you kind of briefly frame where we're at again [55:38.760 --> 55:41.360] so bring me back up to speed? [55:41.360 --> 55:52.720] Okay, let's see, a while back in January 2011, I was retaliated against for me putting up [55:52.720 --> 56:00.600] a legal battle in the city of Austin and I sued Travis County in federal district court [56:00.600 --> 56:10.680] and it went quite a long way before the judge just decided to dismiss it, about eight months [56:10.680 --> 56:19.180] and he really dismissed it when I put a motion for jointer in expanding upon evidence that [56:19.180 --> 56:25.880] there were a number of Travis County officials involved and so the judge attempted to secret [56:25.880 --> 56:31.680] them from prosecution, I took it to the Fifth Circuit, they dismissed it, said that I made [56:31.680 --> 56:36.520] a number of legal arguments and I thought that that was what I was supposed to do and [56:36.520 --> 56:43.240] they dismissed it and so now I'm taking the case to the Supreme Court of the United States [56:43.240 --> 56:48.480] and so the Supreme Court has looked at it and they want me to refile so they're asking [56:48.480 --> 56:56.240] me to clean it up a little bit, you know, potentially that they're interested in this [56:56.240 --> 57:04.640] and I guess on a parallel path, I've still been trying to get the video evidence of my [57:04.640 --> 57:12.360] intake in booking and lack of registration, lack of examining trial, lack of having an [57:12.360 --> 57:20.360] ex parte proceeding where they sought a warrant for my arrest and I'm already in their custody, [57:20.360 --> 57:32.320] they could have simply just brought me before the magistrate and last year in Travis County [57:32.320 --> 57:40.040] district court, I sued Travis County Sheriff's Office for that video using a document from [57:40.040 --> 57:44.480] the Attorney General which he had used to persuade Upton County Sheriff's Department [57:44.480 --> 57:49.600] to release similar information. [57:49.600 --> 57:53.640] The district judge announced that I probably knocked it out of the park, he's going to [57:53.640 --> 57:58.440] side with me, I guess I'll catch you on the other side Randy. [57:58.440 --> 58:00.440] Wait, do what? [58:00.440 --> 58:01.440] Hello? [58:01.440 --> 58:04.440] Now here's the music, you don't need to wait until... [58:04.440 --> 58:07.440] Yeah, you got about 30 more seconds. [58:07.440 --> 58:15.840] So this attorney announced they were convicted, already destroyed everything, which is our [58:15.840 --> 58:19.640] felony offenses, they do it as a policy basis. [58:19.640 --> 58:27.440] Okay, hold on, we'll pick up on felony destruction of evidence, this is Randy Kelton, Debra Stevens, [58:27.440 --> 58:34.040] rule of our radio, our call in number 512-646-1984, we're going to our top of the hour break, [58:34.040 --> 58:40.360] when we come back we'll continue talking to me and Mike who's beat up everybody in Travis [58:40.360 --> 58:47.240] County, so on the break go look at our sponsors and help us support the network, we'll be [58:47.240 --> 58:50.440] right back. [58:50.440 --> 58:55.880] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.880 --> 58:58.680] because they struggle to understand it. [58:58.680 --> 59:04.080] Some new translations try to help by simplifying the text, but in the process can compromise [59:04.080 --> 59:07.320] the profound meaning of the scripture. 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[01:00:03.320 --> 01:00:07.920] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [01:00:07.920 --> 01:00:13.240] at thelibertybeat.com, I'm Brian Hagan with your Liberty Beat for Thursday, February 26, [01:00:13.240 --> 01:00:14.240] 2015. [01:00:14.240 --> 01:00:21.600] Gold opened today at $1,208 up $3, silver opened at $16.61 up $6, and Bitcoin is trading [01:00:21.600 --> 01:00:27.800] around $237.29, the Liberty Beat is brought to you by Coinarch, offering innovative online [01:00:27.800 --> 01:00:33.400] trading solutions for Bitcoin, visit coinarch.com and sign up using coupon code MAX and get [01:00:33.400 --> 01:00:40.280] free brokerage for the first 7 days, it only takes $10 to start an account, that's coinarch.com, [01:00:40.280 --> 01:00:44.520] looking to promote your business or cause to tens of thousands of loyal listeners, for [01:00:44.520 --> 01:00:49.160] a limited time only the Liberty Beat is offering you the chance to stay big while spreading [01:00:49.160 --> 01:00:53.960] your message, it's simple, just sign up for 3 months of advertising and get your 4th month [01:00:53.960 --> 01:01:00.360] free, just visit thelibertybeat.com slash advertise and use coupon code GCN in the describe your [01:01:00.360 --> 01:01:01.760] company section. [01:01:01.760 --> 01:01:06.200] In the news, Tuesday evening President Obama vetoed a bill which would have approved final [01:01:06.200 --> 01:01:10.600] construction of the Keystone XL pipeline, the White House released a statement explaining [01:01:10.600 --> 01:01:14.760] President Obama's position on the matter, the President believed the bill was in conflict [01:01:14.760 --> 01:01:19.280] with established executive branch procedures, Obama said there were security, safety and [01:01:19.280 --> 01:01:26.320] environmental issues related to the bill that prevented him from signing in. [01:01:26.320 --> 01:01:32.640] On Thursday, the FCC will vote on the so called net neutrality rules that have not been seen [01:01:32.640 --> 01:01:37.480] by the public, the FCC is expected to pass new rules on net neutrality with a vote of [01:01:37.480 --> 01:01:41.480] 3 to 2, net neutrality is aimed at providing a balanced equal treatment to all internet [01:01:41.480 --> 01:01:46.360] content, critics say the new rules and suggestions to treat the internet like a public utility [01:01:46.360 --> 01:01:51.720] will lead to over regulation of the internet. [01:01:51.720 --> 01:01:55.760] In honor of the launch of the new and improved SovereignLiving.com, each day this week the [01:01:55.760 --> 01:02:00.720] Liberty Beat is bringing you a simple survival tip that just might save your life, with today's [01:02:00.720 --> 01:02:02.600] tip here's John Bush. [01:02:02.600 --> 01:02:07.040] Make a bug out bag, a bug out bag is a bag or backpack which contains the bare essentials [01:02:07.040 --> 01:02:11.040] that you would need should you have to bug out for whatever reason, some people call [01:02:11.040 --> 01:02:17.120] this a 72 hour bag as it should contain enough supplies to keep you alive for 72 hours, included [01:02:17.120 --> 01:02:22.440] in the bag should be first aid supplies, non-perishable foods and eating utensils, tools to start [01:02:22.440 --> 01:02:28.280] a fire kept in a waterproof bag, ammo for your firearm, flashlight with spare batteries, [01:02:28.280 --> 01:02:33.000] spare clothing, cash and anything else you may need to stay alive and somewhat comfortable [01:02:33.000 --> 01:02:37.640] for three days, keep the bag in a quickly accessible place in your home or keep it in [01:02:37.640 --> 01:02:38.640] your automobile. [01:02:38.640 --> 01:02:43.760] Support for the Liberty Beat comes from Central Texas Gunworks, your online source for firearms, [01:02:43.760 --> 01:02:48.320] firearm accessories and ammunition, they take major credit cards and now accept Bitpoint, [01:02:48.320 --> 01:02:53.160] visit them online at shop.centraltexasgunworks.com. [01:02:53.160 --> 01:03:00.160] This is the Liberty Beat for Thursday, February 26, 2015, check out the website at thelibertybeat.com. [01:03:23.160 --> 01:03:44.160] It's okay, we are back. [01:03:44.160 --> 01:03:59.800] Randy Kelton's Debra Stevens rules our radio and we're talking to Mike in Texas. [01:03:59.800 --> 01:04:01.200] Okay, Mike. [01:04:01.200 --> 01:04:11.760] Let's see, well, the county attorney attempt, you know, after it looked as the judge would [01:04:11.760 --> 01:04:17.680] rule in my favor to provide an audio and video evidence, then claimed felony destruction [01:04:17.680 --> 01:04:26.440] of the evidence, but not that he was being dispassionate or abusing his authority just [01:04:26.440 --> 01:04:32.800] in my instance, instead it was the county sheriff's office as a matter of policy that [01:04:32.800 --> 01:04:39.920] they destroy evidence prior to at least 10 days, because that's when I put my open record [01:04:39.920 --> 01:04:43.640] request in, 10 days from arrest. [01:04:43.640 --> 01:04:51.200] So they're saying that they commit felony counts of destruction of evidence as an ongoing [01:04:51.200 --> 01:04:58.880] and continuous process continuing even to this day, denying Travis County residents [01:04:58.880 --> 01:05:09.200] and anyone who's so incarcerated in their facilities access to vital exculpatory evidence. [01:05:09.200 --> 01:05:16.000] And then I disqualified the judge because the county had confessed felony acts on a [01:05:16.000 --> 01:05:22.000] continuing basis and is in front of him and he refused to have a court of inquiry. [01:05:22.000 --> 01:05:29.120] He refused to have an examining trial, he refused anything to do with trying to hold [01:05:29.120 --> 01:05:34.880] the county attorneys and the sheriff's office responsible and in fact tried to side with [01:05:34.880 --> 01:05:40.800] them by saying that he can't make them give to me something they don't have. [01:05:40.800 --> 01:05:46.040] And I noted to them that when they don't have it, it's a felony act and I've noticed [01:05:46.040 --> 01:05:52.640] that in writing as I've disqualified that judge and it puts just a series of judges [01:05:52.640 --> 01:05:58.760] before me that just will rule in every judge's favor. [01:05:58.760 --> 01:06:11.600] And so finally, even though there was a ruling in the past from the attorney general that [01:06:11.600 --> 01:06:18.840] they should provide it, they've now flipped on that and said that the county has provided, [01:06:18.840 --> 01:06:24.280] you know, satisfied the terms of the open records request even though it's fairly clear [01:06:24.280 --> 01:06:30.600] they haven't and they're actually reversing on their own paperwork. [01:06:30.600 --> 01:06:41.400] So I used, when I started this suit, I used my plaintiff's original complaint based on [01:06:41.400 --> 01:06:47.240] their paperwork and so they're actually siding against their own paperwork by making this [01:06:47.240 --> 01:06:51.440] ruling. [01:06:51.440 --> 01:06:54.000] So that sort of brings you up to date right now. [01:06:54.000 --> 01:06:55.000] Okay. [01:06:55.000 --> 01:07:02.360] So what do you, okay, what's your issue or question or comment? [01:07:02.360 --> 01:07:05.760] Did you have a question or are you telling us where you're going from here? [01:07:05.760 --> 01:07:07.560] Well, I do have a question. [01:07:07.560 --> 01:07:13.520] I'm a little bit at a quandary with this. [01:07:13.520 --> 01:07:22.360] The attorney general is a duty when he's been, when they're made aware of criminal acts to [01:07:22.360 --> 01:07:26.680] take it to the district attorney or at least take it to a grand jury. [01:07:26.680 --> 01:07:33.120] And I was wondering, you know, what remedy do I have? [01:07:33.120 --> 01:07:40.300] Because it appears that the attorney general was now trying to side with all the courts [01:07:40.300 --> 01:07:46.880] and siding with the county attorney, siding with the sheriff, overruling and overturning [01:07:46.880 --> 01:07:49.400] their own opinions basically. [01:07:49.400 --> 01:07:54.960] And I don't know how to, I'm not really sure where my next step would be. [01:07:54.960 --> 01:07:58.880] It's everybody's violating law. [01:07:58.880 --> 01:08:04.080] This should, we should start appealing these things to a grand jury. [01:08:04.080 --> 01:08:12.480] And at this point, you're in a real good position to make up an extensive complaint and file [01:08:12.480 --> 01:08:22.460] it with go down to the courthouse, the grand juries meet every day and go to the office [01:08:22.460 --> 01:08:25.680] where the grand jury meets. [01:08:25.680 --> 01:08:26.680] You know where that's at? [01:08:26.680 --> 01:08:27.680] Yes, I do. [01:08:27.680 --> 01:08:37.120] If anybody's in Austin and you go to the new courthouse, that's the district court courthouse. [01:08:37.120 --> 01:08:42.840] When you walk in the door, if you look to your right, you'll see an information desk. [01:08:42.840 --> 01:08:48.760] Well, there's a room behind the desk so you can walk right around behind the desk along [01:08:48.760 --> 01:08:50.300] the wall. [01:08:50.300 --> 01:08:55.080] If you go around behind that desk along the wall, there's a little opening of alcove [01:08:55.080 --> 01:08:57.380] and there's two doors. [01:08:57.380 --> 01:09:02.040] When you turn and look into the alcove, the door to your right will go into the district [01:09:02.040 --> 01:09:03.040] attorney's office. [01:09:03.040 --> 01:09:06.840] Door to your left goes to the grand jury. [01:09:06.840 --> 01:09:13.440] Now did you say, Mike, they put a sign on the door that said no entrance to the grand [01:09:13.440 --> 01:09:14.440] jury room? [01:09:14.440 --> 01:09:15.440] Right. [01:09:15.440 --> 01:09:16.440] I haven't seen that. [01:09:16.440 --> 01:09:17.440] Okay. [01:09:17.440 --> 01:09:19.680] Well, go down there and walk in that door. [01:09:19.680 --> 01:09:27.360] There's generally a bailiff sitting there and with a set of complaints, I generally [01:09:27.360 --> 01:09:34.040] take one for each grand juror and tell the bailiff your name and tell the bailiff to [01:09:34.040 --> 01:09:38.040] instruct the foreman that you have business with the grand jury. [01:09:38.040 --> 01:09:43.000] The foreman will generally ask you the nature of the business and you say, here, give him [01:09:43.000 --> 01:09:48.240] these and then leave. [01:09:48.240 --> 01:09:57.120] Let them do anything they want to with it because you will come back in a week and go [01:09:57.120 --> 01:10:03.120] to the district clerk and ask to see the minutes of the grand jury for the grand jury that [01:10:03.120 --> 01:10:06.400] met on this particular day. [01:10:06.400 --> 01:10:13.400] If you don't see a true bill or no bill, then you have reason to believe that the bailiff [01:10:13.400 --> 01:10:17.920] secreted the complaints from the grand jury. [01:10:17.920 --> 01:10:26.840] Then you take a set of complaints to another jurisdiction, and I suggest Territ County, [01:10:26.840 --> 01:10:30.080] and file them with a grand jury there. [01:10:30.080 --> 01:10:39.320] First, you have to establish that in the complaint you file in the other county, the initial [01:10:39.320 --> 01:10:48.640] complaint is that the bailiff secreted criminal complaints from the grand jury in Travis County, [01:10:48.640 --> 01:10:52.120] so you were unable to access the Travis County grand jury. [01:10:52.120 --> 01:11:00.360] Since your complaints include accusations against public officials in Travis County, [01:11:00.360 --> 01:11:08.800] then you can't be expected to go to those same public officials to find remedy, so you're [01:11:08.800 --> 01:11:15.280] bringing it to a different grand jury that's outside their venue. [01:11:15.280 --> 01:11:24.680] In reading the code, I find nothing that limits the venue of a grand jury in Texas. [01:11:24.680 --> 01:11:31.880] The district judge who impanels the grand jury is a state judge, and he has statewide [01:11:31.880 --> 01:11:40.560] jurisdiction, but his venue is limited to a specific geographic area, and while a judge [01:11:40.560 --> 01:11:50.160] with a limited venue impanels a grand jury, I find nothing in the code that applies the [01:11:50.160 --> 01:11:56.840] venue jurisdictions of the judge to the grand jury he impanels. [01:11:56.840 --> 01:12:07.760] I find nothing in code anywhere that limits the venue of a grand jury to anything other [01:12:07.760 --> 01:12:14.320] than their jurisdiction, which is the boundaries of the state of Texas. [01:12:14.320 --> 01:12:21.120] So if you can't get to a grand jury in Travis, then you go to a grand jury in another county, [01:12:21.120 --> 01:12:28.720] and we've got 240, I think we have 254 counties in Texas, so you've got 253 other counties [01:12:28.720 --> 01:12:31.400] to go to. [01:12:31.400 --> 01:12:39.240] But I would start out with Tarrant County because there you have a very knowledgeable, [01:12:39.240 --> 01:12:51.000] and from all I can tell, a very fair and honest district attorney. [01:12:51.000 --> 01:12:59.560] Sharon Wilson was a district judge and was highly thought of in the regard that she had [01:12:59.560 --> 01:13:03.960] a reputation for following law. [01:13:03.960 --> 01:13:10.600] So if anyone is likely to follow law, Sharon Wilson's likely to do that. [01:13:10.600 --> 01:13:18.400] And the corrupt prosecutors and public officials in Austin are likely to know that. [01:13:18.400 --> 01:13:20.880] This will get everybody's attention. [01:13:20.880 --> 01:13:22.760] That's my suggestion. [01:13:22.760 --> 01:13:30.600] You need to write all of this in terms of an ongoing criminal conspiracy. [01:13:30.600 --> 01:13:36.880] I think the thing that stood out the most for me was that you presented a district judge [01:13:36.880 --> 01:13:44.920] with a petition for court of inquiry and he denied it or refused to act on it. [01:13:44.920 --> 01:13:49.840] That is not something over which he has discretion. [01:13:49.840 --> 01:13:57.720] Neither may the judge to whom a petition for court of inquiry is presented make a determination [01:13:57.720 --> 01:14:00.680] concerning that court of inquiry. [01:14:00.680 --> 01:14:07.160] He is required by statute to present the court of inquiry to the head administrative judge [01:14:07.160 --> 01:14:13.760] of the district who is to appoint a district judge to hear it other than the district judge [01:14:13.760 --> 01:14:16.560] who received it. [01:14:16.560 --> 01:14:24.800] We have a district judge in Tarrant County who denied a petition for court of inquiry. [01:14:24.800 --> 01:14:33.760] We're going after that district judge criminally because there is no authority to do that. [01:14:33.760 --> 01:14:43.920] And in looking at the politics, this district judge did not create this mess. [01:14:43.920 --> 01:14:48.960] He's just trying to cover the behinds of the ones who did. [01:14:48.960 --> 01:14:56.400] If you start landing on the ones who are trying to cover for the screw ups, those judges are [01:14:56.400 --> 01:15:03.840] going to get really, really unhappy, especially when you're presenting them to grand juries. [01:15:03.840 --> 01:15:08.480] This will get you politics because this judge is going to rail in righteous indignation [01:15:08.480 --> 01:15:11.480] at the injustice of it all. [01:15:11.480 --> 01:15:17.240] Here I'm being persecuted because I tried to help you. [01:15:17.240 --> 01:15:21.400] This may be a way to get this to unravel. [01:15:21.400 --> 01:15:26.440] The one thing they don't have control over is a grand jury. [01:15:26.440 --> 01:15:30.360] Does that make sense, Mike? [01:15:30.360 --> 01:15:31.360] Crystal clear. [01:15:31.360 --> 01:15:34.240] Thank you very much, Randy. [01:15:34.240 --> 01:15:36.240] I really appreciate that. [01:15:36.240 --> 01:15:38.640] Turn this into a suspense novel. [01:15:38.640 --> 01:15:39.640] Okay. [01:15:39.640 --> 01:15:46.200] Yeah, you've got enough here to do this. [01:15:46.200 --> 01:15:50.600] And if you know someone who's a good writer, you might try to get someone to turn this [01:15:50.600 --> 01:15:57.520] into a suspense novel and then give that suspense novel to the grand jury. [01:15:57.520 --> 01:16:04.120] I've had that request made of me dozens of times that they find this story for some reason [01:16:04.120 --> 01:16:05.120] enthralling. [01:16:05.120 --> 01:16:10.880] I don't know, I'm not sure if I share that opinion, but a lot of people have wanted me [01:16:10.880 --> 01:16:18.640] to produce it in the form of a book or a series of articles, perhaps in the Austin Chronicle [01:16:18.640 --> 01:16:21.960] or the Texas monthly magazine. [01:16:21.960 --> 01:16:29.760] Well, I'm saying write a novel for the grand jury. [01:16:29.760 --> 01:16:30.760] Okay. [01:16:30.760 --> 01:16:40.920] And use the same kind of tools and techniques that novelists use, pacing, reading, reality [01:16:40.920 --> 01:16:41.920] stacking. [01:16:41.920 --> 01:16:47.680] You set a set of facts that would lead them to a certain conclusion and then state the [01:16:47.680 --> 01:16:50.800] conclusion after you've got them to come to that conclusion. [01:16:50.800 --> 01:16:56.440] And then they think you're really smart because you came up with the same conclusion they [01:16:56.440 --> 01:16:57.440] did. 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[01:19:57.440 --> 01:20:10.320] The reason I say a novel is you want to write a story that a person can read and fall into [01:20:10.320 --> 01:20:13.680] and not get confused or lose their place. [01:20:13.680 --> 01:20:20.560] You read a lot of these legal documents and they're written like they're written for some [01:20:20.560 --> 01:20:24.560] creature that doesn't exist on the earth because nobody can understand them. [01:20:24.560 --> 01:20:35.760] It should be written like a novel so that you use the techniques developed for prose [01:20:35.760 --> 01:20:42.640] that have the effect of catching the attention and leading a person along. [01:20:42.640 --> 01:20:49.120] You know in good writing you always try to anticipate any question you may create in [01:20:49.120 --> 01:20:56.520] the mind of the reader and make sure you answer that question before you create it or soon [01:20:56.520 --> 01:20:58.400] after you create it. [01:20:58.400 --> 01:21:05.320] Generally in legal documents we don't do this kind of stuff and you do the story by telling [01:21:05.320 --> 01:21:11.040] them what you're going to tell them, by laying plants that lead them to expect something [01:21:11.040 --> 01:21:13.400] then give them what they expect. [01:21:13.400 --> 01:21:22.160] There are some very powerful tools in writing for novels and interest that will be of great [01:21:22.160 --> 01:21:24.680] service here. [01:21:24.680 --> 01:21:30.880] You get a good story, you get a grand jury who looks at this and says this is exactly [01:21:30.880 --> 01:21:35.600] the kind of thing that could happen to me then there's a chance you could actually get [01:21:35.600 --> 01:21:40.600] an indictment. [01:21:40.600 --> 01:21:49.240] Are you ready to go Mike? [01:21:49.240 --> 01:21:50.240] We do need to move along. [01:21:50.240 --> 01:21:51.840] Do you have anything else for us? [01:21:51.840 --> 01:21:52.840] That's all. [01:21:52.840 --> 01:22:00.800] Just wanted to let you know your current progress and I do appreciate that advice and it is [01:22:00.800 --> 01:22:04.920] going to be my next step, next set of steps. [01:22:04.920 --> 01:22:12.720] Okay, thanks Mike and keep us up to date and if you get an outline put together, if you [01:22:12.720 --> 01:22:15.640] want to send it to me I'd very much like to go over. [01:22:15.640 --> 01:22:16.640] Sure, absolutely. [01:22:16.640 --> 01:22:19.320] Are you in Austin? [01:22:19.320 --> 01:22:23.880] I'm in Austin at the moment but I'll be heading back in the morning. [01:22:23.880 --> 01:22:24.880] Okay. [01:22:24.880 --> 01:22:25.880] Okay. [01:22:25.880 --> 01:22:26.880] Okay. [01:22:26.880 --> 01:22:31.120] Well thank you very much Randy and I'll get going on the line. [01:22:31.120 --> 01:22:32.120] Okay thank you Mike. [01:22:32.120 --> 01:22:34.440] Now we're going to go to Jeff in Texas. [01:22:34.440 --> 01:22:36.880] Hello Jeff, what do you have for us tonight? [01:22:36.880 --> 01:22:40.160] Hello Randy, how are you doing? [01:22:40.160 --> 01:22:41.160] Doing good. [01:22:41.160 --> 01:22:42.160] Good, good. [01:22:42.160 --> 01:22:51.640] Listen, this is something I'm not sure how familiar you are with this but my wife Jackie, [01:22:51.640 --> 01:22:58.480] we live in an apartment complex and her car was stolen out of the complex on, well not [01:22:58.480 --> 01:23:01.960] this past Tuesday but the one before. [01:23:01.960 --> 01:23:08.640] And it had a ignition interlock installed in it which really I thought made it extra [01:23:08.640 --> 01:23:15.440] hard to get into and I suspected that after doing some research a little bit online on [01:23:15.440 --> 01:23:22.560] the particular company that does the towing here in the complex, Southway and sure enough [01:23:22.560 --> 01:23:28.080] after about a week and a half almost today I finally got them to cop up the video because [01:23:28.080 --> 01:23:36.960] they have a camera up at the front gate and so I just don't know where to actually go [01:23:36.960 --> 01:23:37.960] with it. [01:23:37.960 --> 01:23:40.560] Okay what was in the video? [01:23:40.560 --> 01:23:43.520] The tow truck towing away her car. [01:23:43.520 --> 01:23:48.320] Okay you were given no notice that the car was towed? [01:23:48.320 --> 01:23:52.520] When I called the impound, the first thing that happened when the car went missing is [01:23:52.520 --> 01:24:01.120] I called the record company and they said that they had no record of the car being there [01:24:01.120 --> 01:24:07.960] so I immediately called Jackie and I told her that the record company didn't have anything [01:24:07.960 --> 01:24:14.200] she reported stolen so she did and when APD did the police report they say that they do [01:24:14.200 --> 01:24:22.240] a city wide check or because I guess the companies report to them each time they pick up a car [01:24:22.240 --> 01:24:32.080] and they said that in fact it had not been logged or recorded so they did the police [01:24:32.080 --> 01:24:38.880] report and the apartment complex had been just kind of procrastinating and kind of brushing [01:24:38.880 --> 01:24:47.480] us off about getting the video and finally we I guess were able to squeeze them and they [01:24:47.480 --> 01:24:57.160] produced it only after the police actually made an initial phone call a few days ago. [01:24:57.160 --> 01:25:01.320] Could you recognize the tow truck driver? [01:25:01.320 --> 01:25:05.200] You can't recognize the tow truck driver you can just recognize the tow truck. [01:25:05.200 --> 01:25:12.600] Well that's good enough you filed Grand Theft Auto against the towing company and filed [01:25:12.600 --> 01:25:18.640] civil action against the towing company and they complained against their license they [01:25:18.640 --> 01:25:28.200] have to be licensed and bonded and you don't have to prove who at the towing company actually [01:25:28.200 --> 01:25:39.240] stole your automobile it's enough that it was a towing company truck and the towing [01:25:39.240 --> 01:25:43.000] company hasn't reported the truck missing. [01:25:43.000 --> 01:25:46.920] Were you able to get a license plate off the truck? [01:25:46.920 --> 01:25:50.720] You can't get a license plate off the truck the video camera footage is not good enough [01:25:50.720 --> 01:25:56.320] but you can clearly like identify certain and like the towing truck the tow truck was [01:25:56.320 --> 01:26:00.480] actually here at the apartments today and I took very good photos of it and I got the [01:26:00.480 --> 01:26:05.400] license plate number off it today however in the video you can only you can only clearly [01:26:05.400 --> 01:26:11.320] point out like it's got like pink dollies that are on the sides of it and you can recognize [01:26:11.320 --> 01:26:17.320] the logo that's on the side but you know the plate is only the license plate on the tow [01:26:17.320 --> 01:26:24.680] truck is up in the rear by the headache rack yeah the lights at night like completely blinded [01:26:24.680 --> 01:26:36.400] out so okay is the truck in the video apparently the same make and model of the truck that [01:26:36.400 --> 01:26:42.640] you photographed today yes it's clearly like I could I could even email you the pictures [01:26:42.640 --> 01:26:47.960] and you could you would be able to clearly tell do you know if the towing company has [01:26:47.960 --> 01:26:58.960] any other tow trucks of same make model as this one yeah I pulled the two DMVs on the [01:26:58.960 --> 01:27:04.440] on the owner of the company and he only has two registered tow trucks to his name one [01:27:04.440 --> 01:27:09.220] is a Ford and one is a Chevrolet and this one's clearly the Ford okay so it's not like [01:27:09.220 --> 01:27:16.600] he has a whole fleet and it can be one of a fleet you you've essentially positively [01:27:16.600 --> 01:27:23.800] identified the vehicle yes have the police have you given this to the police we just [01:27:23.800 --> 01:27:32.120] this has just happened today so we're supposed to be sending that over to the police however [01:27:32.120 --> 01:27:35.320] I just wanted to see if there was a better route in going about this I wanted to file [01:27:35.320 --> 01:27:42.120] the charges myself because they're the police seem to just not really be I guess they're [01:27:42.120 --> 01:27:47.040] more concerned with the fact that the that me and my my wife are not really my department's [01:27:47.040 --> 01:27:53.760] in my my dad's name for various reasons but so they're more concerned with the fact that [01:27:53.760 --> 01:27:59.040] we're not really residents there are on the lease here however the the the automobiles [01:27:59.040 --> 01:28:08.960] are hers that was stolen mine both had like the proper stickers on it so and the vehicle [01:28:08.960 --> 01:28:15.160] at the time was legally parked right yeah it was this if they towed the vehicle there's [01:28:15.160 --> 01:28:20.680] no evidence of them towing the vehicle this is that's theft yeah yeah this should have [01:28:20.680 --> 01:28:26.080] the fact that they didn't report it or log it that they had it it's irrelevant whether [01:28:26.080 --> 01:28:32.120] it was illegally parked or not right right right so I'm sorry but to answer your question [01:28:32.120 --> 01:28:38.360] I I'm going to be sending over the photos and everything to the police department but [01:28:38.360 --> 01:28:44.080] I just I guess I I knew that there's I was hoping that there was something more that [01:28:44.080 --> 01:28:49.640] I could do like as far as filing a criminal charge okay the company themselves before [01:28:49.640 --> 01:28:58.520] we jump on the police and start shaking her finger at them we have to give them opportunity [01:28:58.520 --> 01:29:06.240] to do the wrong thing I do this all the time and when they start jumping up and down waving [01:29:06.240 --> 01:29:13.480] their arms I told them don't kill the messenger I'm just following all the steps so you have [01:29:13.480 --> 01:29:17.600] essentially I've told them a number of times I don't get mad at me I'm just following [01:29:17.600 --> 01:29:24.120] the funder so you follow the steps first and this one's pretty clear-cut if they don't [01:29:24.120 --> 01:29:34.120] act you got a good shot at the police as well for misfeasance in office okay we're about [01:29:34.120 --> 01:29:40.400] to go to break hang on Randy Kelton's Debra Stevens rule of our radio our call-in number [01:29:40.400 --> 01:30:00.800] five one two six four six nineteen eighty four give us a call we'll be right back [01:30:00.800 --> 01:30:06.120] be aware the photocopier it could be reading recording and even passing judgments on the [01:30:06.120 --> 01:30:10.560] documents you copy I'm dr. Catherine Albrecht and I'll be back in just a moment to tell [01:30:10.560 --> 01:30:15.720] you about new Big Brother office equipment that could be monitoring your every word your [01:30:15.720 --> 01:30:21.040] search engine is watching you recording all your searches and creating a massive database [01:30:21.040 --> 01:30:26.920] of your personal information that's creepy but it doesn't have to be that way startpage.com [01:30:26.920 --> 01:30:31.440] is the world's most private search engine startpage doesn't store your IP address make [01:30:31.440 --> 01:30:35.640] a record of your searches or use tracking cookies and their third-party certified if [01:30:35.640 --> 01:30:41.240] you don't like Big Brother spying on you start over with startpage great search results and [01:30:41.240 --> 01:30:46.840] total privacy startpage.com the world's most private search engine the copy machine is [01:30:46.840 --> 01:30:51.720] broken or is it perhaps it just doesn't approve of what you want to copy cannon is rolling [01:30:51.720 --> 01:30:56.840] out Big Brother copiers printers and scanners with OCR capability that actually read the [01:30:56.840 --> 01:31:01.680] documents they process press all the buttons you like if those machines spy forbidden words [01:31:01.680 --> 01:31:06.800] they won't print cannons new printer lineup also tattles their machines can secretly record [01:31:06.800 --> 01:31:11.920] documents and email them to their masters when linked with user IDs detailed digital [01:31:11.920 --> 01:31:16.800] dossiers could catalog everything you print these systems are geared for office use but [01:31:16.800 --> 01:31:22.360] if we don't say I'll know now they could easily find their way into libraries local copy shops [01:31:22.360 --> 01:31:31.000] and even our own homes I'm Dr. Katherine Albrecht more news and information at KatherineAlbrecht.com [01:31:31.000 --> 01:31:36.360] this is building seven a 47-story skyscraper that fell on the afternoon of September 11 [01:31:36.360 --> 01:31:41.800] the government says that fire brought it down however 1,500 architects and engineers concluded [01:31:41.800 --> 01:31:45.720] it was a controlled demolition over 6,000 of my fellow service members have given their [01:31:45.720 --> 01:31:50.360] lives and thousands of my fellow first responders are blind I'm not a conspiracy theorist I'm [01:31:50.360 --> 01:31:53.880] a structural engineer I'm a New York City correctional I'm an Air Force pilot I'm a [01:31:53.880 --> 01:32:00.280] father who lost his son we're Americans and we deserve the truth go to rememberbuildingseven.org [01:32:00.280 --> 01:32:06.760] today after work I'm so tired that I want to be left alone to sleep hey listen to me [01:32:06.760 --> 01:32:11.240] who are you I knew years ago when you felt healthy and young and everything worked on [01:32:11.240 --> 01:32:16.200] your body do you remember that yes I wish I felt like that now you can feel like that [01:32:16.200 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the logos radio network logosradionetwork.com [01:34:03.000 --> 01:34:32.040] okay we are back Randy Kelton Debra Stevens rule of law radio we're talking to Jeff in [01:34:32.040 --> 01:34:37.000] Texas and Deb and I had a pretty good conversation on the break about this and [01:34:39.480 --> 01:34:47.480] she wanted me to ask you may have said this and I didn't quite hear it did the apartment manager [01:34:50.120 --> 01:34:54.680] indicate that the apartment complex had the automobile towed [01:34:54.680 --> 01:35:02.040] no I mean okay maybe I didn't ask that right did they say they had nothing to do with it [01:35:05.080 --> 01:35:12.600] they I guess that's what they were that that's what they implied because I did I did go and approach them [01:35:15.320 --> 01:35:21.480] basically the the apartment manager the late the lady at the front office was off on like a hiatus [01:35:21.480 --> 01:35:29.720] for like four days after it happened and you know being that the department is in my my stepdad's [01:35:29.720 --> 01:35:35.480] name I just went up to the front office and approached them and and said that I was you know [01:35:36.040 --> 01:35:43.400] my you know I'm son of my my stepdad's son and you know this is what happened and you know he was [01:35:43.400 --> 01:35:48.600] my dad was telling me that you know you've where he felt like you guys were giving him the cold [01:35:48.600 --> 01:35:54.200] shoulder and weren't you know producing information that he needs or the video and if they basically [01:35:55.400 --> 01:35:59.320] they had they were implying that you know that they had nothing to do with it right [01:36:00.040 --> 01:36:05.560] okay go ahead if if they're saying or even implying that they had nothing to do with it [01:36:06.280 --> 01:36:14.520] then this is it's I take it they have this towing company hired to tow cars that are [01:36:14.520 --> 01:36:22.600] to tow cars that are improperly parked the the issue that Debra was concerned about it may have [01:36:22.600 --> 01:36:29.640] been that the the tow truck manager he saw this car down there and he called the tow truck company [01:36:29.640 --> 01:36:35.800] and said he steal this car and we sell it and split the take so she was trying to see if they if [01:36:35.800 --> 01:36:41.320] they had any parking yeah I was reading a lot I was reading a lot about it and I know that the [01:36:41.320 --> 01:36:47.400] tow truck companies these guys bribe the apartment you know managers the leasing office managers with [01:36:47.400 --> 01:36:53.640] you know goodies and gift cards and stuff like that and furthermore this guy this guy that owns [01:36:53.640 --> 01:36:59.960] the tow truck company also has a sister company that's the salvage yard down off of 183 so [01:37:01.480 --> 01:37:06.280] I'm pretty aware of what what you know they're doing or what they're you know have already done [01:37:06.280 --> 01:37:14.280] to the car you're saying there's a good chance they've already parted it out yeah [01:37:15.960 --> 01:37:22.440] so that would be interesting the police may well be interested in the towing company as a chop shop [01:37:25.240 --> 01:37:32.680] but I would certainly give the the police an opportunity to do their job before [01:37:32.680 --> 01:37:39.960] I thumped him or tried to go around him you can certainly sue the apartment complex and the towing [01:37:39.960 --> 01:37:50.920] company okay the apartment complex is because you didn't hire that towing company your stepfather [01:37:50.920 --> 01:37:59.320] didn't hire that towing company and they didn't come to him and ask him if it was if he agreed [01:37:59.320 --> 01:38:05.400] with them hiring this towing company they hired the towing company so the towing company was [01:38:06.280 --> 01:38:13.880] therefore necessarily able to readily access the property without creating suspicion [01:38:15.400 --> 01:38:22.920] if the towing company turned out to be a thief in a chop shop not your responsibility you [01:38:22.920 --> 01:38:29.960] you have no contributing negligence the apartment complex has contributed negligence [01:38:30.680 --> 01:38:38.280] in hiring a criminal to tow cars from their property that makes sense yes sir so you name [01:38:38.280 --> 01:38:44.280] both of them and you can prove conclusively by their evidence they they produced that the [01:38:44.280 --> 01:38:50.760] towing company they hired towed the car now you have a suit against them regardless of what the [01:38:50.760 --> 01:38:56.920] police do yeah and i've got i've got recordings um you know every time that i went in there and [01:38:56.920 --> 01:39:02.440] talked to the apartment complex people and um and even some of the phone calls to the towing company [01:39:02.440 --> 01:39:12.280] i've got all recorded um you're a you're a good man very good i've been listening to your eddie's [01:39:12.280 --> 01:39:19.240] show uh for a while now and uh you know you guys always said to carry multiple video or audio [01:39:19.240 --> 01:39:26.520] recording at least audio so thank you guys very much for that good that this may well be what [01:39:26.520 --> 01:39:36.600] gets your car replaced so very good so i would look at filing a tort letter prepare a tort letter [01:39:36.600 --> 01:39:44.440] and send it to the apartment complex that's what the apartment complex is going to do is try to [01:39:44.440 --> 01:39:53.480] mitigate any liability so you get the department complex to roll over on the towing company [01:39:55.800 --> 01:39:58.840] because they're not going to want to be sued they're not going to want to be [01:39:59.400 --> 01:40:07.800] implicated in a auto theft and chop shop if this towing company is actually stealing cars and [01:40:07.800 --> 01:40:14.840] cutting them up at their salvage yard the department complex is not going to want to have [01:40:14.840 --> 01:40:22.200] anything to do with that so writing in the tort letter is going to like how let me almost make [01:40:22.200 --> 01:40:31.560] them cooperate with us or absolutely they're going to want to mitigate any uh liability they may have [01:40:31.560 --> 01:40:37.800] okay and get them to roll over on the towing company it may actually get them to help you go [01:40:37.800 --> 01:40:43.800] after the towing company to keep themselves from being liable right right that's smart yeah that's [01:40:43.800 --> 01:40:49.480] what i was yeah they got a show that they acted in good faith and they were not negligent [01:40:50.200 --> 01:40:58.680] you know we only hired a licensed and bonded towing company so we did due diligence and we [01:40:58.680 --> 01:41:05.880] had due diligence and we had nothing to do with them towing this particular vehicle so a tort [01:41:05.880 --> 01:41:12.120] letter to them will give them reason to give you what you need to go after the towing company with [01:41:13.000 --> 01:41:23.160] okay um and then one other thing the the car um is it's actually well my wife it's under her my [01:41:23.160 --> 01:41:33.080] wife's mom's name so does that kind of change the way that this has to no who had constructive [01:41:33.080 --> 01:41:40.920] possession okay okay yeah well actually the one who would actually do the the lawsuit would have [01:41:40.920 --> 01:41:48.680] to be someone with an interest in the vehicle okay but as to the criminal side anybody can make [01:41:48.680 --> 01:41:55.880] those accusations okay you have to have standing to sue you do not have to have standing to make [01:41:55.880 --> 01:42:02.280] criminal accusations okay and another question i mean so like the remedy for this i mean [01:42:03.400 --> 01:42:07.400] it'll you know chances are the car's parted out in a million pieces right now i mean if that's the [01:42:07.400 --> 01:42:20.600] case i mean in that case you want new Cadillac yeah new Cadillac my my wife's sitting here with [01:42:20.600 --> 01:42:24.840] me so she she asked uh you know is this is this going to help get my car back but i said [01:42:26.200 --> 01:42:30.600] so that's why that's why i asked you so yeah maybe it'll help you get the car back [01:42:30.600 --> 01:42:39.960] uh it'll help you get remedy right uh it'll give you the the towing company is going to be bonded [01:42:42.280 --> 01:42:47.880] so you really care about their their insurance company yeah her other question was that uh she [01:42:47.880 --> 01:42:54.520] had that interlock device on there and uh the interlock people are interlock uh device people [01:42:54.520 --> 01:43:01.560] at smart starter over kind of pressuring her because she didn't have insurance on the device so [01:43:05.160 --> 01:43:13.560] wait a minute interlock device is that like for for the for driving while intoxicated oh okay okay [01:43:13.560 --> 01:43:22.120] so or does that that thing have any tracking on it it didn't and i was going to add uh in her case [01:43:22.120 --> 01:43:27.160] it was more like she was sleeping in her car not really driving but you know the wall works but [01:43:28.680 --> 01:43:34.920] yeah okay well no i'm just wondering about the device itself if it had uh telemetry on it [01:43:40.120 --> 01:43:44.120] so you don't have anything you don't have like an on-star or something that lets you find the car [01:43:45.160 --> 01:43:50.840] no sir i wish i wish that it would have been one of those you might buy a burner phone stick [01:43:50.840 --> 01:43:57.560] it in your car so you can trace it hang on randy kelton use the deborah stephens rule [01:43:57.560 --> 01:44:03.240] by radio or call him number you feel tired when talking about important topics like money and [01:44:03.240 --> 01:44:08.520] politics are you confused by words like the constitution or the federal reserve what if so [01:44:08.520 --> 01:44:14.600] you may be diagnosed with the deadliest disease known today stupidity hi my name is steve holt [01:44:14.600 --> 01:44:19.560] and like 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enlarged vocabulary and an overall increase in mental functioning [01:45:01.160 --> 01:45:06.040] are you the plaintiff or defendant in a lawsuit win your case without an attorney [01:45:06.040 --> 01:45:11.960] with jurisdictionary the affordable easy to understand four cd course that will show you [01:45:11.960 --> 01:45:19.240] how in 24 hours step by step if you have a lawyer know what your lawyer should be doing [01:45:19.240 --> 01:45:24.840] if you don't have a lawyer know what you should do for yourself thousands have won with our step [01:45:24.840 --> 01:45:32.360] by step course and now you can too jurisdictionary was created by a licensed attorney with 22 years [01:45:32.360 --> 01:45:38.360] of case winning experience even if you're not in a lawsuit you can learn what everyone should [01:45:38.360 --> 01:45:44.120] understand about the principles and practices that control our american courts you'll receive [01:45:44.120 --> 01:45:52.360] our audio classroom video seminar tutorials forms for civil cases pro se tactics and much more [01:45:52.360 --> 01:46:08.360] please visit ruleoflawradio.com and click on the banner or call toll free 866 law easy [01:46:22.920 --> 01:46:29.720] okay we are back randy kelton deborah stevens rule of law radio [01:46:30.600 --> 01:46:38.040] and uh jeff are we do we pretty well have you up to speed yes sir um yes sir so i just want to [01:46:38.040 --> 01:46:43.640] kind of get this straight so um we need to do a tort letter to the apartment complex [01:46:44.440 --> 01:46:50.680] yes give the give the detective over at apd an opportunity to do the right thing and then [01:46:50.680 --> 01:46:58.520] um i guess i will be following up with you to you know well i guess if they don't do the right thing [01:46:59.320 --> 01:47:06.680] yeah you'd send him a tort letter saying that the towing company you hired apparently stole our [01:47:06.680 --> 01:47:17.080] vehicle and therefore you you have a duty to replace our vehicle make us whole or be suit [01:47:17.080 --> 01:47:21.720] or you probably don't want to do that first you might want to talk to management and tell them [01:47:21.720 --> 01:47:29.800] what happened and give them opportunity it might be best if you can get an email and give them [01:47:30.760 --> 01:47:35.720] just general notice of what went on and ask them what they intend to do to make you whole [01:47:36.600 --> 01:47:45.640] and give them opportunity not to do the right thing you know ask them to rent you a car until [01:47:45.640 --> 01:47:53.720] you they can get the towing company to bring your car back okay you know assume that it wasn't [01:47:53.720 --> 01:48:00.440] stolen for this purpose assume that they took your car by mistake and they've misplaced it [01:48:01.240 --> 01:48:07.320] okay that's right but that's your car and you have a right to it so since this is a company [01:48:07.320 --> 01:48:14.280] hired by the complex ask the complex to make you whole by making a vehicle that's not yours [01:48:14.280 --> 01:48:20.840] by making a vehicle available to you until such time as this one can be returned [01:48:21.960 --> 01:48:29.960] and then when they refuse then you send them a tort letter claiming that by their behavior [01:48:29.960 --> 01:48:36.680] their actions you've been harmed and they have been recalcitrant to make restitution [01:48:36.680 --> 01:48:45.320] therefore make me whole or be sued make me whole by this date or be sued you're going to give them [01:48:45.320 --> 01:48:52.920] like 30 days but if you have to have the car to go to work and such give them 10 days yeah yeah [01:48:54.360 --> 01:49:00.200] and then that'll get them after the towing company and your car may miraculously appear in your [01:49:00.200 --> 01:49:08.200] driveway okay that sounds like uh that that actually makes a lot of sense yeah that that [01:49:08.200 --> 01:49:13.480] may be better than having all this fight the thing you primarily want your automobile back [01:49:14.760 --> 01:49:23.160] right now um do you by any chance have any uh like uh like rough drafts of a tort letter like you do [01:49:23.160 --> 01:49:31.080] on on jerson uh the jerson prudence site or no i don't write write one up and email it to me [01:49:31.080 --> 01:49:38.440] and i'll i'll go over it okay all righty okay just send it to randy at who is our radio.com [01:49:39.400 --> 01:49:44.040] okay perfect perfect okay thank you jeff appreciate it i really appreciate you and [01:49:44.040 --> 01:49:49.400] deborah thank you all guys so much y'all have a good night okay if if it works out real good for [01:49:49.400 --> 01:49:56.040] you don't forget to to donate to randy's beer fund now i know now deborah's going to come in [01:49:56.040 --> 01:50:01.560] and talk about other stuff but the real important part about the radio show is randy's beer fund [01:50:02.280 --> 01:50:04.680] i'm going to try to get you a Cadillac out of all this randy [01:50:06.840 --> 01:50:13.320] okay thank you jeff okay now we're going to go to eric in texas hello eric [01:50:13.320 --> 01:50:18.520] eric hello eric [01:50:20.840 --> 01:50:23.640] hello can you hear me hello yeah now i can hear you [01:50:25.320 --> 01:50:30.920] sorry i was on mute if not i thought maybe i had put you to sleep you know i have that same problem [01:50:31.880 --> 01:50:35.640] that gremlin sneak in here and mute my mic when i'm not looking [01:50:38.360 --> 01:50:41.720] well i must confess i did it myself i just forgot i was on mute oh wait a [01:50:41.720 --> 01:50:49.080] minute that is unmanly men do not admit to making mistakes we always got to blame it on something else [01:50:52.200 --> 01:51:02.360] okay go ahead what do you have for us then um i have i've been started with a felony um drug [01:51:02.360 --> 01:51:07.000] case and this happened at a traffic stop and i'd like to just run through all the steps all the way [01:51:07.000 --> 01:51:13.000] to the way up to the um magistration in the morning and okay hold on go quickly because [01:51:13.000 --> 01:51:20.440] we've only got one segment okay so i'll stop for uh license plate light they said this will be real [01:51:20.440 --> 01:51:27.400] quick uh they found out that i was failing to maintain financial responsibility they told me [01:51:27.400 --> 01:51:33.160] they were going to bring a dog and then they pulled me out of the car not pulling me they asked me to [01:51:33.160 --> 01:51:39.080] step out of the car then they put cuffs on me and then i'm familiar with there's there's case [01:51:39.080 --> 01:51:43.640] precedents saying you can't hold someone waiting for dogs so i looked over the officer and i said [01:51:44.280 --> 01:51:47.640] is that ticket done yet and he says yeah i said do you want me to find that [01:51:48.760 --> 01:51:57.240] and uh no and uh so we waited a while for dogs to show up um dogs went around the car is a passive [01:51:57.240 --> 01:52:03.800] alert dog which uh interestingly and interesting enough it alerts by sitting down um [01:52:05.800 --> 01:52:11.800] they searched my car oh so they said they're doing the dog on a reasonable suspicion and [01:52:11.800 --> 01:52:21.240] the reasonable suspicion is that i have a uh felony convictions in 97 in florida and i don't feel that's [01:52:21.240 --> 01:52:30.120] an appropriate reasonable suspicion but they it's not the reasonable suspicion has to be immediate [01:52:33.320 --> 01:52:37.320] and they walked the dog around they said the dog alerted but you couldn't see the dog alert [01:52:37.320 --> 01:52:44.280] because on the far side of the car um and i'm thinking they were just going on a fishing [01:52:44.280 --> 01:52:51.880] expedition and uh so they found something i still didn't see what they found but i have an idea what [01:52:51.880 --> 01:53:02.520] it might have been um and then i was when i was brought to there on the way to uh to the jail i [01:53:02.520 --> 01:53:11.160] said i'd like to see a magistrate and uh they said oh this is you know i'd like to see a magistrate [01:53:11.160 --> 01:53:15.640] like examining trial and he said you'll see a magistrate in the morning i said i thought [01:53:15.640 --> 01:53:19.240] you're supposed to take me to one immediately and you can go to the next county if need be [01:53:19.880 --> 01:53:27.880] he's like no that's only for certain i forgot what he said but anyway so it's only for felony [01:53:28.440 --> 01:53:36.120] that's what they say um it was felony i i know i got you that was the point i was making [01:53:36.120 --> 01:53:45.160] oh um and then in the in the morning i went to fill the magistrate um i requested examining [01:53:45.160 --> 01:53:50.680] trial basically i was finding off on a bunch of warnings is all they were doing and uh the [01:53:50.680 --> 01:53:58.600] magistrate said well uh we're not doing that here today uh the first thing of the warnings was [01:53:58.600 --> 01:54:02.360] this case has not been filed with this court meaning it's not a jp court going to go to a [01:54:02.360 --> 01:54:10.040] district court um she said that'll happen some other time in the future uh with that court [01:54:11.080 --> 01:54:17.960] and i asked you to complain they didn't have it there yet and uh and that's basically where [01:54:17.960 --> 01:54:26.600] i want to leave you with and want to know what case precedents cover the holding someone past the [01:54:26.600 --> 01:54:40.600] okay go to juris imprudence.com okay pull out the habeas corpus top frog on the left [01:54:43.080 --> 01:54:48.840] it walks right down the code these are the things they're supposed to do [01:54:48.840 --> 01:55:00.040] and there are any number i generally i can find about 19 different violations they make to every [01:55:01.320 --> 01:55:02.840] arrest [01:55:05.880 --> 01:55:13.800] okay so the habeas corpus uh yeah just read that habeas corpus it walks right down the code [01:55:13.800 --> 01:55:23.960] right down the code as state and federal law it's all texas specific and it pretty well goes through [01:55:23.960 --> 01:55:29.640] the requirement to take you to a magistrate when you went before the magistrate and you asked for [01:55:29.640 --> 01:55:36.200] an examining trial and he said the case wasn't filed in this court and that he wasn't going to [01:55:36.200 --> 01:55:42.840] hold the examining trial here well he had no jurisdiction other than for due to do anything [01:55:42.840 --> 01:55:52.920] other than hold an examine trial so you can uh you charge him with official oppression [01:55:54.520 --> 01:56:03.000] go ahead so that that examining trial is to uh for probable cause prompt probable cause right [01:56:03.800 --> 01:56:11.640] yeah see it wasn't intended that a policeman hold the key to the jailhouse door it was intended that [01:56:11.640 --> 01:56:18.360] a policeman and gurstein pews is one of the first cases that i reference it says that [01:56:19.480 --> 01:56:23.240] the courts would prefer that every arrest be made on an existing warrant [01:56:24.040 --> 01:56:30.840] but that's not practical so as a practical compromise they allow a police officer to arrest on [01:56:30.840 --> 01:56:41.960] uh reasonable suspicion or on-site offense and to hold the person for the amount of time it takes to [01:56:41.960 --> 01:56:52.200] do those things ancillary to arrest in order to ensure against the escape of the accused and [01:56:52.200 --> 01:56:59.480] ensure the safety of the officer once those goals are achieved the authority of the officer to hold [01:56:59.480 --> 01:57:06.520] evaporates he must get the person before a magis neutral magistrate for an examining trial [01:57:07.320 --> 01:57:13.000] and it's the magistrate who determines if you go to jail or not not the police officer [01:57:14.680 --> 01:57:20.120] but they don't do that they just routinely take you through in jail and hold you and the police [01:57:20.120 --> 01:57:26.360] are complaining because we're putting more and more constraints on them and that's because [01:57:26.360 --> 01:57:33.400] they're not following law we don't trust them they and they also go ahead holding my they also [01:57:33.400 --> 01:57:39.160] have holding my car and said i'll get a separate civil case for forfeiture on that now yeah they're [01:57:39.160 --> 01:57:45.160] going to they're going to try to swallow your vehicle but where you would go back to is them [01:57:45.160 --> 01:57:54.040] holding you in order to bring in the drug dump now what they're going to try to do is charge you with [01:57:54.040 --> 01:58:00.040] is charge you with the worst thing they possibly can so they can deal you down to something very [01:58:00.040 --> 01:58:07.560] less less severe that they can get you to take a deal for so they're playing poker with you need [01:58:07.560 --> 01:58:16.680] to play it back go after them with everything you can and let them deal back my last case [01:58:16.680 --> 01:58:22.120] if you know what i might have to do that route okay uh okay we're about out of time if you have [01:58:22.120 --> 01:58:27.640] more questions call it tomorrow night we'll have a four hour show there and then due process is [01:58:27.640 --> 01:58:32.520] one of the things we'd like to talk about so we'll be back tomorrow night thank you all for [01:58:32.520 --> 01:58:39.240] listening make sure you tune in tomorrow to our four hour info marathon thank you all for listening [01:58:39.240 --> 01:58:50.360] and good night [01:58:50.360 --> 01:58:56.840] bibles for america is offering absolutely free a unique study bible called the new testament [01:58:56.840 --> 01:59:02.280] recovery version the new testament recovery version has over 9 000 footnotes that explain [01:59:02.280 --> 01:59:08.680] what the bible says verse by verse helping you to know god and to know the meaning of life order [01:59:08.680 --> 01:59:18.040] your free copy today from bibles for america call us toll free at 888-551-0102 or visit us online [01:59:18.040 --> 01:59:26.200] at bfa.org this translation is highly accurate and it comes with over 13 000 cross references [01:59:26.200 --> 01:59:31.960] plus charts and maps and an outline for every book of the bible this is truly a bible you can [01:59:31.960 --> 01:59:37.160] understand to get your free copy of the new testament recovery version call us toll free [01:59:37.160 --> 01:59:49.080] at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org [01:59:49.080 --> 02:00:04.520] you're listening to the logos radio network at logosradionetwork.com