ROL_2010-05-27_16k.timecode
[00:00.000 --> 00:04.600] This news brief brought to you by the International News Net.
[00:04.600 --> 00:09.280] Ukraine Thursday formally buried pursuit of NATO membership as an aim.
[00:09.280 --> 00:12.080] President Viktor Yanukovych said,
[00:12.080 --> 00:15.640] Entry into NATO is not realistic for our country today.
[00:15.640 --> 00:20.480] NATO conditions would require us to have the support of the majority of the population.
[00:22.160 --> 00:26.280] Forty-four people have been killed in a standoff in the Jamaican capital, Kingston,
[00:26.280 --> 00:30.720] between security forces searching for drug lord Christopher Dudas Koch,
[00:30.720 --> 00:34.280] who is wanted in the US, and armed members of his gang.
[00:34.280 --> 00:37.120] Koch's supporters have said they will protect him at any cost.
[00:38.520 --> 00:42.200] Elizabeth Birnbaum, director of the Federal Minerals Management Service
[00:42.200 --> 00:45.000] that oversees the oil industry, has been fired.
[00:45.000 --> 00:50.760] Interior Secretary Ken Salazar Thursday contradicted the White House, saying she resigned.
[00:51.560 --> 00:54.760] A bombshell report prepared for President Medvedov
[00:54.760 --> 00:59.240] by Russia's Ministry of Natural Resources warns the BP oil leak
[00:59.240 --> 01:03.560] is about to become the worst environmental catastrophe in human history,
[01:03.560 --> 01:08.360] threatening the eastern half of North America with, quote, total destruction.
[01:08.360 --> 01:15.480] The report says BP's use of nearly a million gallons of the dispersant Corexit 9500 is to blame.
[01:15.480 --> 01:19.880] The US Environmental Protection Agency has ordered BP to stop using it,
[01:19.880 --> 01:25.400] but BP has refused, stating the only alternative was an even more dangerous chemical.
[01:25.400 --> 01:30.440] The report says when Corexit 9500 is combined with the warm Gulf waters,
[01:30.440 --> 01:34.920] its molecules will, quote, transition from a liquid to a gaseous state,
[01:34.920 --> 01:37.320] allowing them to be absorbed into clouds,
[01:37.320 --> 01:41.720] which will then be released as toxic rain on eastern North America.
[01:41.720 --> 01:46.120] The report says a hurricane containing vaporized Corexit 9500
[01:46.120 --> 01:52.360] could, quote, theoretically destroy all life forms from the bottom of the evolutionary chart to the top.
[01:54.360 --> 01:57.720] Several days before the explosion on the deep water oil rig,
[01:57.720 --> 02:04.280] BP officials chose to use a type of casing for the well the company knew was the riskier of two options.
[02:04.280 --> 02:08.360] According to a BP document, the concern with the method BP chose
[02:08.360 --> 02:12.440] was that if the cement around the casing pipe did not seal properly,
[02:12.440 --> 02:18.360] gases would leak all the way to the wellhead, where only a single seal would serve as a barrier.
[02:18.360 --> 02:23.080] Workers from the rig and company officials have said that hours before the explosion,
[02:23.080 --> 02:25.480] gases were leaking through the cement.
[02:25.480 --> 02:29.640] Investigators say these leaks were the likely cause of the explosion.
[02:29.640 --> 02:34.200] Douglas Brown, chief mechanic for the Deepwater Horizon, testified Wednesday
[02:34.200 --> 02:38.040] he witnessed a disagreement on the rig between a BP employee
[02:38.040 --> 02:42.040] and crew members employed by TransOcean, the rig's owner.
[02:42.040 --> 02:47.880] The morning of the blast after BP decided to replace heavy drilling fluid with seawater.
[03:12.040 --> 03:31.880] What are you going to do when the sun don't come for you?
[03:31.880 --> 03:39.880] Tell me what you want to do, what you're going to do.
[03:39.880 --> 03:45.320] Bad boys, bad boys, what you gonna do?
[03:45.320 --> 03:47.720] What you gonna do when they come for you?
[03:47.720 --> 03:50.760] Bad boys, bad boys, what you gonna do?
[03:50.760 --> 03:53.400] What you gonna do when they come for you?
[03:53.400 --> 03:58.840] When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:58.840 --> 04:01.640] So why are you acting like a bloody fool?
[04:01.640 --> 04:04.200] If you get high and you're much too cool.
[04:04.200 --> 04:07.080] Bad boys, bad boys, what you gonna do?
[04:07.080 --> 04:16.760] All right, bad boys, bad boys, what are you going to do when we come for you?
[04:16.760 --> 04:19.240] This is the rule of law.
[04:19.240 --> 04:23.640] Randy Kelton, Eddie Craig, Deborah Stevens.
[04:23.640 --> 04:28.360] And I just want to make the announcement that tomorrow night we're going to have a very good friend,
[04:28.360 --> 04:34.280] Dr. Bill Veith is going to be on with us as a special guest to discuss this matter
[04:34.280 --> 04:37.240] of these four psychiatric exams.
[04:37.240 --> 04:42.040] And this is as a follow-up to our call on Monday from our caller.
[04:42.040 --> 04:46.200] There was apparently a kidnapping in progress to a hospital.
[04:46.200 --> 04:53.240] Apparently a hospital had issued some kind of a pickup warrant or something regarding
[04:53.240 --> 04:56.040] I guess someone's mental instability, it's possible.
[04:56.040 --> 05:00.200] And so I discussed the situation with my very good friend, Dr. Bill Veith.
[05:00.200 --> 05:08.680] He's got two PhDs in psychology and he monitors the psychiatric and psychological journals
[05:08.680 --> 05:14.520] on a regular basis and what's going on with the government and how, yeah, it is becoming
[05:14.520 --> 05:20.920] more and more of a problem, these four psychological and psychiatric exams and how they can use
[05:20.920 --> 05:27.720] these against you and what to do about it because if the judge orders it and you say,
[05:27.720 --> 05:31.720] no, well then you can be held in contempt of court.
[05:31.720 --> 05:36.120] And one good point that Bill brought up on the phone the other night is, well, how can
[05:36.120 --> 05:38.360] they order a psychiatric exam anyway?
[05:38.360 --> 05:42.440] What indications have there been that somebody has a problem?
[05:42.440 --> 05:45.720] It's like, did they order a heart exam?
[05:45.720 --> 05:49.880] Did they order, you know, a blood test for cholesterol?
[05:49.880 --> 05:56.280] It's like what indication is there that shows that you have something wrong with your head
[05:56.280 --> 05:58.200] or your heart or anything else?
[05:58.200 --> 06:02.680] And so Bill is going to get into that tomorrow night, very special guest at eight.
[06:02.680 --> 06:09.720] And tonight I have a question for Randy and Eddie and just something to pose for the listeners
[06:09.720 --> 06:17.520] out there to consider and possibly action alert here regarding this crisis in the Gulf
[06:17.520 --> 06:20.160] of the oil gusher, okay?
[06:20.160 --> 06:21.480] People call it an oil spill.
[06:21.480 --> 06:23.800] It's not a spill, all right?
[06:23.800 --> 06:24.960] It's not a spill.
[06:24.960 --> 06:30.920] There's more psychological assaults by the media that we need to learn to pinpoint, you
[06:30.920 --> 06:35.000] know, using these kinds of words to try to make it out to be something that it's not,
[06:35.000 --> 06:36.000] all right?
[06:36.000 --> 06:37.000] It's not a spill.
[06:37.000 --> 06:42.080] A spill implies a container, like a finite amount that has been like tipped over and
[06:42.080 --> 06:43.080] spilled, right?
[06:43.080 --> 06:44.080] That's not what's happening.
[06:44.080 --> 06:49.880] It's a gusher at the bottom of the ocean that they've tapped into, you know, and it's caused
[06:49.880 --> 06:50.880] this disaster.
[06:50.880 --> 06:54.040] And I think it's just more indication that we don't need to be messing around at the
[06:54.040 --> 06:57.940] bottom of the ocean floor for stuff like this.
[06:57.940 --> 07:04.200] It's not necessary when industrial hemp can supply enough ethanol, enough fuel to run
[07:04.200 --> 07:07.360] all the cars in the world, and we can grow it ourselves.
[07:07.360 --> 07:09.200] It's just this whole thing is ridiculous.
[07:09.200 --> 07:12.600] But at any rate, I came across this article.
[07:12.600 --> 07:21.680] This happens to be in the Esquire Politics blog, and there is a way that this whole thing
[07:21.680 --> 07:27.640] can be fixed, and it's a proven method using supertankers, okay?
[07:27.640 --> 07:28.640] Empty supertankers.
[07:28.640 --> 07:33.840] And so I wanted to read this article here, and they've interviewed, Esquire Magazine
[07:33.840 --> 07:39.680] has interviewed the people who actually implemented this fix in other areas of the world, all
[07:39.680 --> 07:40.680] right?
[07:40.680 --> 07:45.120] So here's the article, and this does have to do with law, because apparently BP's now
[07:45.120 --> 07:48.920] threatening to sue these people for trying to even present the idea to them.
[07:48.920 --> 07:49.920] It's pretty crazy.
[07:49.920 --> 07:50.920] All right.
[07:50.920 --> 07:51.920] So here's the article.
[07:51.920 --> 07:57.960] Here's a potential solution to the Gulf oil crisis that neither BP nor the federal government
[07:57.960 --> 08:03.080] nor anyone save a couple of intuitive engineers seems willing to try.
[08:03.080 --> 08:08.520] As the Politics blog reported on Tuesday in an interview with former Shell oil president
[08:08.520 --> 08:15.280] John Hofmeister, the untapped solution involves using empty supertankers to suck the spill
[08:15.280 --> 08:20.720] off the surface, treat and discharge the contaminated water, and either salvage or destroy the
[08:20.720 --> 08:21.720] slick.
[08:21.720 --> 08:26.800] Hofmeister had been briefed on the strategy by a Houston-based environmental disaster
[08:26.800 --> 08:32.360] expert named Nick Pauzy, who has used the same solution on several oil spills during
[08:32.360 --> 08:38.520] almost two decades of experience in the Middle East, who says that it could be deployed easily
[08:38.520 --> 08:42.240] and should be immediately to protect the Gulf Coast.
[08:42.240 --> 08:45.140] That hasn't even been considered yet.
[08:45.140 --> 08:51.800] What it hasn't even been considered yet is Pauzy thinks owing to cost considerations
[08:51.800 --> 08:57.800] or because there's no clear chain of authority by which to get these valuable ideas and solutions
[08:57.800 --> 09:00.640] into the right hands.
[09:00.640 --> 09:07.100] But with BP's latest, quote, four-pronged plan remaining unproven and estimates of company
[09:07.100 --> 09:12.920] liability already reaching the tens of billions of dollars, the supertankers start to look
[09:12.920 --> 09:14.920] like a bargain.
[09:14.920 --> 09:20.200] The suck and salvage technique was developed in desperation across the Arabian Gulf following
[09:20.200 --> 09:26.760] a spill of mammoth proportions, 700 million gallons.
[09:26.760 --> 09:32.960] That until now has gone unreported, as Saudi Arabia is a closed society and its oil company,
[09:32.960 --> 09:36.720] Saudi Aramco, remains owned by the House of Saud.
[09:36.720 --> 09:44.440] But in 1993 and into 1994, with four leaking tankers and two gushing wells, the Royal Family
[09:44.440 --> 09:51.120] had an environmental disaster nearly 65 times the size of Exxon Valdez on its hands, and
[09:51.120 --> 09:53.200] it desperately needed a solution.
[09:53.200 --> 09:59.720] Pauzy, an American engineer then in charge of Saudi Aramco's east-west pipeline in the
[09:59.720 --> 10:04.600] Technical Support and Maintenance Service Division, was part of a team given carte blanche
[10:04.600 --> 10:06.120] to control the blowout.
[10:06.120 --> 10:10.240] Pauzy had dealt with numerous spills over the years without using chemicals and had
[10:10.240 --> 10:15.840] tried dumping flour into the oil, then scooping the resulting tar balls from the surface.
[10:15.840 --> 10:17.920] Quote, you ever cooked with flour?
[10:17.920 --> 10:18.920] Absorb it, right?
[10:18.920 --> 10:19.920] End quote.
[10:19.920 --> 10:20.920] Pauzy says.
[10:20.920 --> 10:24.520] Next, he dumped straw into the spills, also highly absorbent, but then you've got a lot
[10:24.520 --> 10:26.040] of straw to clean up.
[10:26.040 --> 10:30.480] This spill was going to require a much larger, more sustained solution and fast.
[10:30.480 --> 10:32.240] By the way, this is an interjection here.
[10:32.240 --> 10:38.440] I don't know if folks have seen the video out on YouTube about the hillbilly guys, you
[10:38.440 --> 10:43.160] know, the farmers who are showing how they could use hay to scoop it all up, so this
[10:43.160 --> 10:44.160] is legitimate.
[10:44.160 --> 10:45.960] That wasn't, you know, like a joke.
[10:45.960 --> 10:47.720] Okay, back to the article.
[10:47.720 --> 10:52.240] That's when Pauzy and his team came up with the idea of having empty ships park near the
[10:52.240 --> 10:55.560] Saudi spill and pull the oil off the water.
[10:55.560 --> 10:59.400] This part of the operation went on for six months with the mop-up operations lasting
[10:59.400 --> 11:00.760] for several years more.
[11:00.760 --> 11:06.360] Pauzy says 85% of the spill was recovered, and this is precisely the strategy he wants
[11:06.360 --> 11:09.800] to see deployed in the Gulf of Mexico.
[11:09.800 --> 11:14.480] Yesterday I, referring to the writer of this article, yesterday I spoke to Pauzy and his
[11:14.480 --> 11:18.920] business partner, long-time Houston lawyer John King, about the proposed solution and
[11:18.920 --> 11:24.120] the difficulties they've encountered trying to assist in the disaster with both BP and
[11:24.120 --> 11:25.320] the government.
[11:25.320 --> 11:30.440] While BP is attempting its very difficult maneuvers to contain the gusher at the source,
[11:30.440 --> 11:34.000] they say nothing is being done to address the slick itself.
[11:34.000 --> 11:36.640] Dispersant is being used by the ton.
[11:36.640 --> 11:40.640] Some of the oil is being burned, and there have been other efforts which taken together
[11:40.640 --> 11:45.200] Pauzy likens to quote, a flea on an elephant's ass.
[11:45.200 --> 11:50.400] The two men have been trying to rally support since just after the rig blew up, but without
[11:50.400 --> 11:51.400] much success.
[11:51.400 --> 11:53.640] This has been typical of their experience.
[11:53.640 --> 12:00.240] By the way, I'm going to interject here, dispersant, okay, they're pouring more chemicals into
[12:00.240 --> 12:04.840] the ocean to try to deal with this, and it's not working, and they shouldn't be dispersing
[12:04.840 --> 12:05.840] anything anyway.
[12:05.840 --> 12:12.920] They should be trying to contain this mess, all right, so just more, you know, ridiculousness.
[12:12.920 --> 12:14.600] Let me interject on dispersant.
[12:14.600 --> 12:18.200] Okay, sure, and then I want to get to what John King is saying.
[12:18.200 --> 12:22.160] Dispersant is like a five-mole wetting agent, and what it will do is cause the oil to go
[12:22.160 --> 12:24.080] into solution with the water.
[12:24.080 --> 12:25.880] Okay, that's exactly what we don't want.
[12:25.880 --> 12:26.880] Great help.
[12:26.880 --> 12:28.840] Yeah, that's exactly what I was trying to say.
[12:28.840 --> 12:30.440] We don't want to disperse anything.
[12:30.440 --> 12:31.880] We should be containing this.
[12:31.880 --> 12:39.520] Anyway, back to the article, okay, and the quote by John King, the attorney who is Nick
[12:39.520 --> 12:41.400] Pazzi's business partner.
[12:41.400 --> 12:46.880] John King, quote, well, we went down to the BP headquarters in Houma, Louisiana, and we
[12:46.880 --> 12:49.880] didn't have an appointment, so they wouldn't let us in.
[12:49.880 --> 12:55.500] Then I called the president of BP, and I talked to his secretary, and she put me in touch
[12:55.500 --> 13:00.440] with somebody, but the somebody she put me in touch with didn't know who we should talk
[13:00.440 --> 13:01.440] to.
[13:01.440 --> 13:06.880] Nick contacted a gentleman that he used to work with at BP, and the guy threatened to
[13:06.880 --> 13:13.600] sue Nick for not going through proper channels, and I said, great, I'd love BP to try to sue
[13:13.600 --> 13:15.040] us for helping them.
[13:15.040 --> 13:16.840] That would be wonderful.
[13:16.840 --> 13:23.400] I hear the quote from Nick Pazzi, keep in mind that what super tankers typically do
[13:23.400 --> 13:28.960] is they sit in the middle of the ocean waiting for all the traders to come up with the right
[13:28.960 --> 13:30.280] price.
[13:30.280 --> 13:35.960] When they feel that the price is right, the tankers that are full, they take off, and
[13:35.960 --> 13:38.960] they can be anywhere in the world in a few days.
[13:38.960 --> 13:44.480] Right now, there are probably 25 super tankers waiting for orders full of oil, so all they
[13:44.480 --> 13:50.280] got to do is come to Texas in the Gulf, unload the oil, and then turn around and suck up
[13:50.280 --> 13:55.240] all this other stuff and pump it onto shore into onshore storage.
[13:55.240 --> 13:56.240] It's not rocket science.
[13:56.240 --> 13:57.240] It's so simple.
[13:57.240 --> 14:00.560] It's a Robinson Crusoe fix, but it works.
[14:00.560 --> 14:05.680] This past Monday, Pazzi and King spoke with Captain Ed Stanton, who is commanding the
[14:05.680 --> 14:09.280] US Coast Guard for the affected coastline.
[14:09.280 --> 14:13.600] Stanton requested a quick proposal in writing, and he said he would take it up the chain
[14:13.600 --> 14:14.600] of command.
[14:14.600 --> 14:19.040] Below is the proposal to which Pazzi and King are still waiting a response.
[14:19.040 --> 14:24.440] Dear Captain Stanton, per your request this morning, this is a confirm our conversation
[14:24.440 --> 14:26.640] with yourself, Mr. Nick Pazzi, and I.
[14:26.640 --> 14:32.440] My colleague, Mr. Nick Pazzi, has worked for over 40 years in the energy industry, the
[14:32.440 --> 14:35.480] majority with Saudi Aramco in the Middle East.
[14:35.480 --> 14:39.120] During that time, Nick's team was part of the first responders that successfully cleaned
[14:39.120 --> 14:44.560] up similarly sized spills of sweet and sour crude with the best technology available from
[14:44.560 --> 14:47.760] the late 80s through the 90s when he retired.
[14:47.760 --> 14:52.480] The primary equipment that was used to remove the crude from the Arabian Gulf was super
[14:52.480 --> 14:53.480] tankers.
[14:53.480 --> 14:57.920] The super tankers were used to store everything, run through onshore three-phase separators
[14:57.920 --> 15:03.280] and sent to onshore tank farms for additional cleanup using centrifuges.
[15:03.280 --> 15:06.360] The more the oil spreads, the more tankers will be needed.
[15:06.360 --> 15:11.240] Nick would be willing to provide a conceptual non-technical drawing to visualize this process.
[15:11.240 --> 15:15.320] This process not only cleaned up the ocean, but it saved the local environment, minimized
[15:15.320 --> 15:20.400] shoreline damage, and recovered approximately 85% of the crude oil.
[15:20.400 --> 15:24.800] Nick may be required to get permission from Saudi Aramco through the Houston, Texas office
[15:24.800 --> 15:29.620] in Sugarland to provide you with further details as to what information he's allowed to disclose
[15:29.620 --> 15:32.160] regarding the various projects he worked on.
[15:32.160 --> 15:36.480] Nick does not know what the appropriate channels are to effectuate this process, but feels
[15:36.480 --> 15:41.640] if asked, Saudi government may be willing to assist as he believes with the right calls,
[15:41.640 --> 15:44.000] tankers could be on the scene in two days.
[15:44.000 --> 15:48.480] Please feel free to call Nick or I if you need additional information or have questions.
[15:48.480 --> 15:51.720] Okay, so we've got the situation here.
[15:51.720 --> 16:00.320] John Hofmeister has gone on the Today Show on MSNBC and discussed the situation on mainstream
[16:00.320 --> 16:06.000] media and how this is the appropriate way to handle this problem.
[16:06.000 --> 16:12.620] These two guys, Nick Pazzi and John King, have tried repeatedly to go to BP and made
[16:12.620 --> 16:14.040] numerous phone calls.
[16:14.040 --> 16:16.120] They've been threatened to be sued.
[16:16.120 --> 16:20.240] The Coast Guard isn't responding, so what the heck is going on here?
[16:20.240 --> 16:26.080] It looks to me like BP doesn't want to sacrifice their precious supertankers full of oil that
[16:26.080 --> 16:31.880] are sitting out on the ocean waiting for the right price from the traders because it would
[16:31.880 --> 16:34.680] put a dent in their profit margins.
[16:34.680 --> 16:37.040] Something's got to give here, folks.
[16:37.040 --> 16:40.080] Maybe BP's just going to have to wait a while.
[16:40.080 --> 16:43.560] They're going to have to go dump that oil off somewhere and get those tankers out here
[16:43.560 --> 16:48.480] or else they're going to get sued of epic proportions, but what do they care because
[16:48.480 --> 16:52.240] they're just going to tap into some more oil anyway, right?
[16:52.240 --> 16:56.880] I'd like to hear some comments on the other side from Randy and Eddie concerning this
[16:56.880 --> 16:57.880] issue.
[16:57.880 --> 17:03.320] We'll be right back.
[17:03.320 --> 17:07.800] Capital Coin and Bullions is your local source for rare coins, precious metals, and coin
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[17:10.400 --> 17:12.440] We also ship worldwide.
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[17:28.640 --> 17:31.240] We offer daily specials on coins and bullions.
[17:31.240 --> 17:37.280] We're located at 5448 Burnett Road, Suite 3, and we're open Monday through Friday, 10
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[17:49.600 --> 17:55.120] As for Chad and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital
[17:55.120 --> 18:19.640] Coin and Bullion, 512-646-6440.
[18:19.640 --> 18:27.320] Okay, we are back, we're discussing the proven solution to situations like this that these
[18:27.320 --> 18:34.040] two gentlemen have been trying to get this information to the Coast Guard and to BP,
[18:34.040 --> 18:36.240] and they have gotten it to BP.
[18:36.240 --> 18:45.040] In fact, an update to this blog a couple of days ago, insiders at BP have told this political
[18:45.040 --> 18:53.080] blog, the politics blog of Esquire, that they are seriously considering this method.
[18:53.080 --> 18:57.800] My question is, it's pretty obvious to me that the reason they don't want to do it,
[18:57.800 --> 19:01.880] the reason they haven't done it already is because they'd much rather keep their little
[19:01.880 --> 19:07.560] super tankers filled with the booty out on the ocean waiting for the biggest auction
[19:07.560 --> 19:12.400] to come around so that they can keep the profit margin out.
[19:12.400 --> 19:16.520] I want to know, is there some way that they can be held even more responsible for this
[19:16.520 --> 19:22.720] disaster because they knew, and they know right now how to clean it up and how to solve
[19:22.720 --> 19:27.080] the problem, but they're not doing it.
[19:27.080 --> 19:31.560] Why can't somebody else do something about it, even though BP is responsible, if they're
[19:31.560 --> 19:36.720] not going to clean it up, well then, oh well, I guess just the whole Gulf of Mexico is going
[19:36.720 --> 19:39.560] to be just trash, right?
[19:39.560 --> 19:44.080] The first thing is, is who do they send the bill to for doing the cleanup in BP's stead?
[19:44.080 --> 19:46.680] That's the first question.
[19:46.680 --> 19:52.360] The other thing is, is that, as I was saying on the break, it's in BP's best interest to
[19:52.360 --> 20:02.560] keep this suspense and apparent lack of difficulty high because that would justify their later
[20:02.560 --> 20:07.640] necessity to jack the price of the oil up that does come into the country by saying,
[20:07.640 --> 20:11.680] oh, we had the oil spill, we lost this much money, it's going to cost this much to clean
[20:11.680 --> 20:19.720] it up, so here's why we have to jack the price of the oil up $75 a barrel, just to try and
[20:19.720 --> 20:23.840] justify what they're doing, but to answer your original question, I would say there
[20:23.840 --> 20:25.600] should be a lot that can be done.
[20:25.600 --> 20:30.480] If they have a solution and they refuse to implement it as both being cost effective
[20:30.480 --> 20:34.920] and expedient to protect the environment, they're guilty of environmental crimes.
[20:34.920 --> 20:35.920] Absolutely.
[20:35.920 --> 20:37.320] They should have done this immediately.
[20:37.320 --> 20:43.200] They knew that this was the answer, but Pozzi and King have been trying to get this information
[20:43.200 --> 20:48.080] and have been submitting this information to BP through various channels from the very
[20:48.080 --> 20:52.080] beginning and they even said that the longer you wait, the more supertankers you're going
[20:52.080 --> 20:55.920] to need because the more the oil is going to spread, they could have solved this problem
[20:55.920 --> 20:56.920] right away.
[20:56.920 --> 21:02.480] I mean, the gusher problem hasn't been solved yet, but they could have at least minimized
[21:02.480 --> 21:08.600] the damage of what's going on in the water to keep it from completely destroying the
[21:08.600 --> 21:11.720] environment.
[21:11.720 --> 21:15.920] It appears as though the oil company can't lose.
[21:15.920 --> 21:19.680] They win no matter what they do.
[21:19.680 --> 21:27.920] If the oil slick continues, if the problem gets worse, then the apparent cost to BP increases.
[21:27.920 --> 21:33.360] Next they'll get the government and the taxpayers to bail them out and then they'll claim all
[21:33.360 --> 21:36.760] of this loss and have to increase prices to recoup.
[21:36.760 --> 21:44.440] Well, I say that there is a way they can lose because if they destroy... I mean, this article
[21:44.440 --> 21:51.840] already said the tort has reached into the tens, potentially into the tens and 20s of
[21:51.840 --> 21:54.240] billions of dollars, maybe even more.
[21:54.240 --> 22:00.400] I say there is a way they can lose because if the tort against them becomes greater than
[22:00.400 --> 22:07.920] what the company is worth and people get pissed off enough at them to boycott their ass, can
[22:07.920 --> 22:14.280] you just imagine the entire Gulf Coast region, all those people in all those states, Miami,
[22:14.280 --> 22:22.360] in Florida, Alabama, Mississippi, Louisiana, Texas, it'll destroy all of the businesses,
[22:22.360 --> 22:25.400] all the fishing industry, all the tourist industry.
[22:25.400 --> 22:31.160] I would say that there's a lot of people in those states that have friends in other states
[22:31.160 --> 22:36.800] and I would say there's enough of us to boycott BP and put their butts out of business if
[22:36.800 --> 22:42.760] they let this disaster take place and not do something about it before it destroys the
[22:42.760 --> 22:48.000] entire Gulf Coast region because BP doesn't control the price of crude oil.
[22:48.000 --> 22:54.160] There are other companies that drill, many other companies and we get a lot of the oil
[22:54.160 --> 23:00.160] from overseas too in the Middle East, so I don't think BP is the end all monopoly of
[23:00.160 --> 23:02.880] the entire oil industry, okay?
[23:02.880 --> 23:07.280] I say there is something that can be done about it and that they can be put out of business
[23:07.280 --> 23:08.640] over this.
[23:08.640 --> 23:17.160] The only way we're going to fix this kind of problem is put the executives in prison
[23:17.160 --> 23:20.480] because everybody's fingers in everybody's pie.
[23:20.480 --> 23:27.400] BP loses, all the backers behind all this, they have the fingers in all the pies.
[23:27.400 --> 23:34.760] BP goes down, everybody else raises their prices to make up for this shortage and...
[23:34.760 --> 23:35.760] There's not a shortage.
[23:35.760 --> 23:41.960] Yeah, but the thing is there's no shortage because this is untapped oil and there's already
[23:41.960 --> 23:50.520] excess oil and in fact I've already read the analysis of this situation and basically
[23:50.520 --> 23:54.400] what all the experts are saying is that the price of oil is going to go down over all
[23:54.400 --> 23:59.520] of this because there's an excess.
[23:59.520 --> 24:01.800] I kind of disagree with that analysis.
[24:01.800 --> 24:06.400] I think that there is a way for them to lose and that it's not going to overall raise the
[24:06.400 --> 24:12.480] prices but rather that this could be the turning point, the tipping point of the scale as far
[24:12.480 --> 24:18.440] as the stranglehold that the oil industry has over everyone.
[24:18.440 --> 24:20.600] Go ahead, Eddie.
[24:20.600 --> 24:25.240] The thing is though, there's never been an oil shortage every time they've declared a
[24:25.240 --> 24:27.520] shortage and upped the price.
[24:27.520 --> 24:31.280] It's been a manufactured shortage just like it would be this time.
[24:31.280 --> 24:36.800] There doesn't have to be an actual physical real world shortage for them to give that impression
[24:36.800 --> 24:41.840] to the general public and just like most things, the general public will swallow it hook, line
[24:41.840 --> 24:50.840] and seeker because they won't educate themselves to know the difference and that's really what
[24:50.840 --> 24:51.840] it's all about.
[24:51.840 --> 24:58.160] I mean it's just like in that movie The American President where Kirk Douglas says that the
[24:58.160 --> 25:02.640] people don't drink the sand because they're uneducated.
[25:02.640 --> 25:05.280] They drink it because they don't know the difference.
[25:05.280 --> 25:10.160] Well, the thing is the American people these days don't know the difference between fact
[25:10.160 --> 25:11.440] and fiction.
[25:11.440 --> 25:17.520] They drink them both as if they're the same and that's where they're getting away with
[25:17.520 --> 25:18.560] what they're doing.
[25:18.560 --> 25:23.240] They keep the wool pulled over everybody's eyes and the few of us that see beyond it
[25:23.240 --> 25:30.360] still are talking to deaf ears because their eyes aren't open.
[25:30.360 --> 25:37.440] Well I like the environmental crimes approach really and I do believe that there are enough
[25:37.440 --> 25:45.240] people who would boycott BP and that something would be done about it and that it would affect
[25:45.240 --> 25:46.520] their business.
[25:46.520 --> 25:53.880] Hey Randy, is this thing by any chance sitting in the area off the coast of Texas where we
[25:53.880 --> 25:57.400] still own the land that's underwater?
[25:57.400 --> 25:59.680] I'm not sure how much of that we own.
[25:59.680 --> 26:02.760] Are you talking about the United States owns?
[26:02.760 --> 26:04.120] No, no, no.
[26:04.120 --> 26:06.360] That is actually under the control of Texas.
[26:06.360 --> 26:13.720] We own part of the submerged land out to sea off of our coast a great distance actually.
[26:13.720 --> 26:15.320] I think this is off the coast of Louisiana.
[26:15.320 --> 26:20.000] Yeah, it's off the coast of Louisiana.
[26:20.000 --> 26:24.720] If it gets its oil over the coast of Texas then they may have a problem.
[26:24.720 --> 26:34.040] Well there's going to be a problem, it seems large business seems to wind up winning no
[26:34.040 --> 26:35.040] matter what.
[26:35.040 --> 26:36.040] No, I disagree.
[26:36.040 --> 26:38.760] I don't think large businesses win all the time no matter what.
[26:38.760 --> 26:42.520] Well I hope they don't.
[26:42.520 --> 26:50.240] I'm just not optimistic.
[26:50.240 --> 26:53.280] Well I'm not going to have the attitude that they're infallible.
[26:53.280 --> 26:56.280] They're absolutely not infallible.
[26:56.280 --> 27:01.680] Businesses can fail and this is the kind of business that's international.
[27:01.680 --> 27:09.920] BP is a multinational corporation and so to bail them out is not even appropriate.
[27:09.920 --> 27:10.920] I don't think it could happen.
[27:10.920 --> 27:17.200] I mean most of the bailouts that have taken place recently are for United States American
[27:17.200 --> 27:18.200] businesses.
[27:18.200 --> 27:19.200] This is a multinational corporation.
[27:19.200 --> 27:21.240] It's a whole different deal.
[27:21.240 --> 27:23.920] Well I wasn't saying bail them out.
[27:23.920 --> 27:28.120] Okay, well you mentioned something about bailing out earlier.
[27:28.120 --> 27:33.920] So I was just addressing that issue.
[27:33.920 --> 27:41.320] I was thinking in terms of wheel foot the bill for cleaning up the gulf, not them.
[27:41.320 --> 27:44.560] It's the way it generally works.
[27:44.560 --> 27:49.160] Okay, well if they were the only business in town maybe, but that's what competition
[27:49.160 --> 27:51.680] is all about.
[27:51.680 --> 27:56.920] I know at least in my neighborhood and in Austin, BP isn't the only gas station on
[27:56.920 --> 27:57.920] the corner.
[27:57.920 --> 27:58.920] Okay.
[27:58.920 --> 28:06.360] It's like we can make a choice.
[28:06.360 --> 28:09.320] We've got to start hitting them in the pocketbook where it hurts.
[28:09.320 --> 28:16.520] They're not the only game in town and more than that I was more considering what kind
[28:16.520 --> 28:22.720] of lawsuits could be filed from whom and who would have standing just in general to consider
[28:22.720 --> 28:25.720] the matter that they know that there's a solution.
[28:25.720 --> 28:27.200] They know what it is.
[28:27.200 --> 28:30.880] They've admitted that they know what it is and not only that how is the government responsible
[28:30.880 --> 28:35.720] because the Coast Guard isn't responding to any of this either.
[28:35.720 --> 28:40.640] Well it's possible that commercial fishermen might have standing.
[28:40.640 --> 28:45.960] It should definitely be possible that any landowner where the oil beaches itself should
[28:45.960 --> 28:49.840] have standing.
[28:49.840 --> 28:59.200] Any restaurants, food industry that depends on the livestock in the Gulf would have standing.
[28:59.200 --> 29:04.800] Actually anybody who's harmed by it directly or indirectly would have standing.
[29:04.800 --> 29:08.160] Well I don't know about the indirectly at all depends on where you file it.
[29:08.160 --> 29:14.800] Here in Texas they won't let you get away with the indirectly.
[29:14.800 --> 29:20.080] Well I'd say that at least for Citizens Action Alert that people need to be sending emails
[29:20.080 --> 29:26.960] and faxing and calling BP and harassing them about this because for sure they know now
[29:26.960 --> 29:28.400] that this is the solution.
[29:28.400 --> 29:32.960] They've even admitted it to Esquire magazine, insiders.
[29:32.960 --> 29:33.960] They won't admit the name.
[29:33.960 --> 29:38.280] So they need to be pressured and they need to be pressured in the mainstream media too.
[29:38.280 --> 29:43.240] People need to be calling in to mainstream media talk shows and discussing this.
[29:43.240 --> 29:48.200] John Hoffmeister from Shell Oil has already discussed it on the air too.
[29:48.200 --> 29:50.240] So this is out in mainstream media now.
[29:50.240 --> 29:54.680] So we need to pressure them in the media and pressure them with phone calls and faxes to
[29:54.680 --> 29:56.760] do something about it or they're going to get sued.
[29:56.760 --> 30:00.040] We'll be right back.
[30:00.040 --> 30:06.480] It is so enlightening to listen to 90.1 FM but finding things on the internet isn't
[30:06.480 --> 30:10.240] so easy and neither is finding like minded people to share it with.
[30:10.240 --> 30:13.160] Oh well I guess you haven't heard of Brave New Books then.
[30:13.160 --> 30:14.160] Brave New Books?
[30:14.160 --> 30:15.160] Yes.
[30:15.160 --> 30:19.520] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[30:19.520 --> 30:21.520] Ron Paul, and G. Edward Griffin.
[30:21.520 --> 30:24.800] They even stock inner food, Berkey products, and Calvin Soaps.
[30:24.800 --> 30:27.840] There's no way a place like that exists.
[30:27.840 --> 30:29.320] Go check it out for yourself.
[30:29.320 --> 30:33.680] It's downtown at 1904 Guadalupe Street just south of UT.
[30:33.680 --> 30:37.400] By UT there's never anywhere to park down there.
[30:37.400 --> 30:42.280] Actually they now offer a free hour of parking for paying customers at the 500 MLK parking
[30:42.280 --> 30:45.280] facility just behind the bookstore.
[30:45.280 --> 30:48.240] It does exist but when are they open?
[30:48.240 --> 30:53.040] Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[30:53.040 --> 31:01.920] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[31:01.920 --> 31:05.120] Are you the plaintiff or defendant in a lawsuit?
[31:05.120 --> 31:11.840] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4 CD course
[31:11.840 --> 31:15.760] that will show you how in 24 hours, step by step.
[31:15.760 --> 31:19.600] If you have a lawyer, know what your lawyer should be doing.
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[31:40.040 --> 31:43.800] principles and practices that control our American courts.
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[32:00.920 --> 32:30.920] Okay, we are back and callers, if you'd like to call in 512-646-19
[32:30.920 --> 32:38.880] 84 and Eddie, you had some stuff you wanted to talk about concerning some revisions to
[32:38.880 --> 32:41.880] this new book of yours.
[32:41.880 --> 32:48.640] Yeah, what I've got is I'm trying to get an outline together of all the issues that
[32:48.640 --> 32:57.960] deal with Texas law, not just traffic, but traffic, criminal procedure, taxation, government
[32:57.960 --> 33:07.360] administrative code, basically every way that we have noticed as of late in the law itself
[33:07.360 --> 33:15.400] and in the constitution itself where our government officials have left the reservation.
[33:15.400 --> 33:19.400] And basically what I'd like to do is just run across some of the things that I'm going
[33:19.400 --> 33:24.840] to be attempting to discuss with this state representative and hopefully we'll be able
[33:24.840 --> 33:32.120] to get on the floor in Austin and address the entire assembled legislature to basically
[33:32.120 --> 33:38.440] thumb our noses at them and tell them, hey, you screwed up, you're all fired, go home
[33:38.440 --> 33:41.720] or at least that's my plan.
[33:41.720 --> 33:48.120] As PC as that's not, okay, just a couple of things here.
[33:48.120 --> 33:52.080] One of the things we're going to be asking about or I intend to be asking about is constitutional
[33:52.080 --> 33:59.020] changes and amendments which cannot abrogate or derogate invested right.
[33:59.020 --> 34:05.240] Now what I'm intending to point out in this area is the following, that no matter how
[34:05.240 --> 34:14.000] many revisions to a constitution there are, okay, the constitution was created under a
[34:14.000 --> 34:21.440] specific ideal and set of rights belonging to the people.
[34:21.440 --> 34:25.440] Now understand this about a constitution.
[34:25.440 --> 34:31.680] It does not grant rights to the people in any way, shape or form.
[34:31.680 --> 34:36.800] It does not grant privileges to the people in any way, shape or form.
[34:36.800 --> 34:47.400] What it does is make specific enumeration of particular rights that government is absolutely
[34:47.400 --> 34:56.800] forbidden in any way to interfere with and most constitutions state right up front that
[34:56.800 --> 35:02.320] just because it's not listed here does not automatically mean you can lay your hands
[35:02.320 --> 35:06.240] upon those rights either.
[35:06.240 --> 35:09.440] So that's the first thing we're going to address.
[35:09.440 --> 35:16.880] Texas has had five or six different constitutions since it was first established under the original
[35:16.880 --> 35:24.120] 1836 constitution and in each one of those things you'll notice that this changes and
[35:24.120 --> 35:30.040] this changes and this changes but what the government has acted like is that those changes
[35:30.040 --> 35:37.160] have somehow altered the people's vested rights under that new revised constitution
[35:37.160 --> 35:44.680] so that the right itself has been changed to suit the government whim under the constitution.
[35:44.680 --> 35:47.120] That's not true.
[35:47.120 --> 35:52.160] They cannot alter, change or abolish a vested right.
[35:52.160 --> 35:56.880] They can't do it no matter how many constitutional revisions they make because the constitution
[35:56.880 --> 36:01.480] doesn't grant the right.
[36:01.480 --> 36:04.560] So we need to get these people to understand this.
[36:04.560 --> 36:08.760] Now we're also going to be dealing with the Class C misdemeanor issue and we're going
[36:08.760 --> 36:15.360] to be talking first off about the denial of due process rights and what I've got outlined
[36:15.360 --> 36:23.120] for that is that in Texas especially and usually every other state that the individual is falsely
[36:23.120 --> 36:29.760] arrested without a warrant when there has been no felony or breach of the peace committed
[36:29.760 --> 36:33.940] in the officer's presence or to his knowledge.
[36:33.940 --> 36:37.160] So given that right off the bat that's the first thing.
[36:37.160 --> 36:39.280] We're talking about false imprisonment.
[36:39.280 --> 36:45.200] Then we break that down a little further and here in Texas we deal specifically with how
[36:45.200 --> 36:51.680] Texas Code of Criminal Procedure Article 1401B is unconstitutional and violative of common
[36:51.680 --> 36:56.960] law due process rights as put together in the constitution.
[36:56.960 --> 37:03.880] Also I address Texas Code of Criminal Procedure Article 14.03 G as in George is unconstitutional
[37:03.880 --> 37:13.560] and violative of those same due process rights as is 1401B and 1406B as well.
[37:13.560 --> 37:19.080] And then we also have Texas Transportation Code Section 543.001.
[37:19.080 --> 37:24.200] Now what I've addressed here are the sections in the codes that I have found where the legislature
[37:24.200 --> 37:30.080] has said a police officer can arrest for any old thing he wants to that's committed in
[37:30.080 --> 37:31.080] his presence.
[37:31.080 --> 37:35.240] When in fact that's not allowed.
[37:35.240 --> 37:39.960] There must be a felony or there must be a breach of the peace committed in the officer's
[37:39.960 --> 37:46.320] presence or there must be a report of a felony and a high degree of probability that the
[37:46.320 --> 37:52.580] person arrested is the perpetrator of that felony in order for the officer to validly
[37:52.580 --> 37:55.640] arrest without a warrant.
[37:55.640 --> 37:58.600] So we're going to be addressing that issue.
[37:58.600 --> 38:02.400] We're also going to be addressing the ex parte presentment of evidence during a probable
[38:02.400 --> 38:08.880] cause hearing where the accused is not even allowed to participate when Texas law specifically
[38:08.880 --> 38:11.620] says yes they are.
[38:11.620 --> 38:15.820] So we're also going to deal directly with the denial of an examining trial to those
[38:15.820 --> 38:21.800] accused of class C misdemeanors and usually of any misdemeanor since the attorneys all
[38:21.800 --> 38:28.000] seem to think that an examining trial only applies to you if you're accused of a felony.
[38:28.000 --> 38:30.880] But Texas law doesn't say that.
[38:30.880 --> 38:37.480] We're also going to address the denial of the right to an indictment by a grand jury.
[38:37.480 --> 38:47.400] No citizen or inhabitant of Texas or any other state for that matter should be directly prosecutable
[38:47.400 --> 38:55.120] by the state without the state having to go through that individual's peers to determine
[38:55.120 --> 38:58.960] whether or not there's actually a reason to even go to trial.
[38:58.960 --> 39:04.240] The entire reason for grand juries was to be a barrier between an accused and the power
[39:04.240 --> 39:10.940] of the state to hold him or her at the state's mercy.
[39:10.940 --> 39:16.640] So that's why the Constitution was set up to do what it did in Article 5, Section 17
[39:16.640 --> 39:25.160] requiring that the grand jury check into all misdemeanor and hand down an indictment.
[39:25.160 --> 39:31.920] Which in that case would put Code of Criminal Procedure, Article 2.05, Part 1, that section
[39:31.920 --> 39:37.000] of the Code of Criminal Procedure is violative of the Due Process Rights and Equal Protection
[39:37.000 --> 39:41.800] Clause of the 14th Amendment of the United States Constitution.
[39:41.800 --> 39:50.000] And Part 2 of that same article violates Texas Constitution, Article 5, Sections 12 and 17.
[39:50.000 --> 39:56.160] Now 2.05 is one of Randy and I's favorite articles to argue out of the Code of Criminal
[39:56.160 --> 40:01.040] Procedure because it specifically states what a prosecuting attorney for the state is required
[40:01.040 --> 40:02.440] to do in a given situation.
[40:02.440 --> 40:03.440] Hold on a second.
[40:03.440 --> 40:04.440] Unfortunately.
[40:04.440 --> 40:05.440] Yeah.
[40:05.440 --> 40:06.440] 2.03.
[40:06.440 --> 40:10.360] Well, yeah, but 2.05 outlines duties as well.
[40:10.360 --> 40:18.680] The 2.05 is the one that goes directly to public officials and then 4 and 5 go to all
[40:18.680 --> 40:23.200] the rest of us, lousy scumbags.
[40:23.200 --> 40:29.200] Now we're also going to be addressing in this issue denial of assistance of counsel.
[40:29.200 --> 40:35.560] Both the United States Constitution and the Texas Constitution says very clearly that
[40:35.560 --> 40:43.240] in all criminal cases, the accused has the right to assistance of counsel.
[40:43.240 --> 40:48.360] Yet Class C misdemeanors are denied assistance of counsel.
[40:48.360 --> 40:52.600] And they say the reason is, is because, well, there's no jail time involved.
[40:52.600 --> 40:56.440] Well, I'm sorry, the Constitution's don't make that distinction.
[40:56.440 --> 41:00.960] The Constitution said specifically a criminal case.
[41:00.960 --> 41:05.200] If you're going to charge me criminally for a traffic offense, you are required to give
[41:05.200 --> 41:07.440] me assistance of counsel.
[41:07.440 --> 41:14.800] And the judges do not get to rewrite the Constitution to save money, nor do the prosecutors.
[41:14.800 --> 41:16.600] Okay?
[41:16.600 --> 41:23.440] Now Class C misdemeanor offenders, alleged offenders, are denied the right to discovery.
[41:23.440 --> 41:28.700] They are denied the right to be heard unless you're going to be heard only upon the terms
[41:28.700 --> 41:34.720] that the prosecutor and the judge agree to allow you to speak on.
[41:34.720 --> 41:39.040] And if you won't adhere to their terms, you're not going to get to talk to defend yourself.
[41:39.040 --> 41:40.040] You're not going to get to present any evidence.
[41:40.040 --> 41:44.280] You're not going to get to cross-examine anybody, which is another caveat.
[41:44.280 --> 41:46.600] You're denied the right to cross-examine.
[41:46.600 --> 41:50.480] When you start to cross-examine an officer on the stand to get him to admit he doesn't
[41:50.480 --> 41:56.160] understand what his duties are or that he's competent to even do the job, the judge will
[41:56.160 --> 42:02.120] immediately interfere or the prosecutor will coerce the judge into interfering, which denies
[42:02.120 --> 42:05.360] you your right to cross-examine witnesses.
[42:05.360 --> 42:09.040] You are also denied the right to face your accuser.
[42:09.040 --> 42:13.800] In all of these Class C misdemeanors, the accuser is the state, yet the state is not
[42:13.800 --> 42:20.120] present to testify against you, nor is the accuser themselves in this case the actual
[42:20.120 --> 42:25.080] officer because they now represent the state as a state's witness.
[42:25.080 --> 42:32.020] Well, he can't be both in this particular case, all right?
[42:32.020 --> 42:37.840] He can't be the sole source of the accusation and the sole witness against you to prove
[42:37.840 --> 42:39.320] the accusation.
[42:39.320 --> 42:46.120] That's a severe conflict of interest because in both cases he is operating on the benefit
[42:46.120 --> 42:48.480] of the state.
[42:48.480 --> 42:53.400] Now, write the challenge jurisdiction.
[42:53.400 --> 42:58.480] Every court in Texas and virtually every other state that I've talked to people in denies
[42:58.480 --> 43:04.120] out of hand any written motions challenging jurisdiction of the court.
[43:04.120 --> 43:05.680] They just insist they have it.
[43:05.680 --> 43:10.640] They completely disobey the law and previous higher court determinations that say when
[43:10.640 --> 43:14.080] jurisdiction is challenged, it must be proven on the record.
[43:14.080 --> 43:19.760] It cannot be presumed in a criminal case, yet that's all they do is presume it and demand
[43:19.760 --> 43:25.680] you move on and then threaten you with contempt if you won't do so.
[43:25.680 --> 43:32.280] Class Cs are denied compulsory process for witnesses in their favor.
[43:32.280 --> 43:39.280] It's just a complete rigmarole in basic understanding you as a Class C alleged offender are denied
[43:39.280 --> 43:41.480] all types of constitutional protection.
[43:41.480 --> 43:44.280] Okay, we're going to break.
[43:44.280 --> 43:45.280] We'll be right back.
[43:45.280 --> 43:49.600] This is Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio, and we'll start
[43:49.600 --> 44:01.120] taking your calls on the other side.
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[45:16.200 --> 45:17.200] Okay we're back.
[45:17.200 --> 45:22.320] We're going to be taking your calls, we've got a couple of callers on the line here.
[45:22.320 --> 45:29.640] We're going to Chris in Texas, Chris thanks for calling in, what's on your mind tonight?
[45:29.640 --> 45:33.920] I just like to say I'm starting to have actually fun with going to court, kind of like that
[45:33.920 --> 45:38.400] guy who calls in from California, that young guy who's having problems out there and then
[45:38.400 --> 45:40.800] the woman who calls from Tennessee.
[45:40.800 --> 45:45.200] I was involved in a divorce case, I called y'all a couple of maybe a month or so ago
[45:45.200 --> 45:53.000] and asked the judge, the court clerk entered into the record that she denied has moved
[45:53.000 --> 45:59.360] my motion for 30 days and then the next day the judge's signature was on it on the next
[45:59.360 --> 46:00.360] day.
[46:00.360 --> 46:09.480] Now, since she denied that, I asked God to put in the motion for a trial, for a new trial.
[46:09.480 --> 46:16.240] We went up for a hearing on it on Wednesday and she made it into record on the court record,
[46:16.240 --> 46:17.240] the verbal record.
[46:17.240 --> 46:22.560] She said I never did even, she said I didn't get it until the 25th so she admitted she
[46:22.560 --> 46:30.280] didn't even see that in my motion for 30 days until the 25th but the court clerk entered
[46:30.280 --> 46:33.440] into the record 24th.
[46:33.440 --> 46:39.920] So I have a written document that shows she got it on the 25th, a verbal document.
[46:39.920 --> 46:44.200] So now how do I go after the court clerk and the judge?
[46:44.200 --> 46:49.720] Okay, wait a minute, you said the clerk got it the 24th and the judge got it the 25th?
[46:49.720 --> 46:50.720] Yes.
[46:50.720 --> 46:58.520] But the clerk went ahead and entered into the record as denied has moved.
[46:58.520 --> 47:00.520] Before the judge saw it?
[47:00.520 --> 47:01.520] Yes.
[47:01.520 --> 47:06.520] I did file impersonating a judicial officer against the clerk.
[47:06.520 --> 47:12.560] Okay, but when I filed my motion for a new trial, I also put in there is my second reason
[47:12.560 --> 47:21.960] was how did the clerk deny my motion for a new trial or deny my motion for 30 days,
[47:21.960 --> 47:28.280] an extension for 30 days and so how did she go ahead and deny that when your signature
[47:28.280 --> 47:29.280] is on it?
[47:29.280 --> 47:35.160] So wouldn't I have to also go after the judge for something about aiding and abetting?
[47:35.160 --> 47:38.800] Because she knew and she didn't do anything about it either.
[47:38.800 --> 47:41.840] The judge, is it actually the judge's signature?
[47:41.840 --> 47:50.760] Yes, it's the actual, not on the court record but it is the actual judge's signature with
[47:50.760 --> 48:01.760] the date of the 25th, this is all in March, on the 25th, on my actual request for 30 days.
[48:01.760 --> 48:12.200] So you filed it the 24th of March and apparently the judge signed it the 25th of March?
[48:12.200 --> 48:13.760] Yes.
[48:13.760 --> 48:18.480] I don't understand what the difficulty here is, I've missed something.
[48:18.480 --> 48:21.160] The clerk said it was moot?
[48:21.160 --> 48:25.000] Yes, she denied my request.
[48:25.000 --> 48:30.960] I sent it into the courthouse on the 23rd, March 23rd, they lost it.
[48:30.960 --> 48:34.280] The court date was the 24th.
[48:34.280 --> 48:41.480] I called at the end of the 24th at 4 o'clock and asked them what did the judge decide on
[48:41.480 --> 48:45.080] my request for 30 days on the 24th.
[48:45.080 --> 48:51.240] She said the judge never saw it so then she entered it into the record as denied as moot
[48:51.240 --> 48:55.880] with the date beside it, entered into the record 3-24-2010.
[48:55.880 --> 49:00.160] What was the date of the hearing that you were trying to put off?
[49:00.160 --> 49:04.600] The 24th.
[49:04.600 --> 49:09.320] But I also had documentation from a priority mail that the courthouse actually received
[49:09.320 --> 49:14.360] it on the 23rd at 10-52am.
[49:14.360 --> 49:20.080] So the courthouse had it, they lost it inside the courthouse.
[49:20.080 --> 49:30.040] And then I called the court clerk's office, the hearing was on like 11 o'clock on the
[49:30.040 --> 49:40.640] 24th, the judge and then the court clerk didn't even get in at 4 o'clock on the 24th.
[49:40.640 --> 49:49.720] Okay, you're going to have one problem because you have a, under the rules of court you have
[49:49.720 --> 49:54.360] to request a continuance 7 days prior.
[49:54.360 --> 49:56.720] And since it's one day prior...
[49:56.720 --> 50:02.720] We're not intent, we're not, this isn't in Texas, this isn't in Missouri, so about that.
[50:02.720 --> 50:07.560] Oh, so are you allowed to request one that close to the date?
[50:07.560 --> 50:13.000] The law isn't exactly specific from what I've read, it says as soon as possible.
[50:13.000 --> 50:19.400] Okay, so then was this something that came up suddenly?
[50:19.400 --> 50:28.840] No, I had, well yeah, because the other, the actual lawyer put in a, she put in a request
[50:28.840 --> 50:31.200] for a default judgment.
[50:31.200 --> 50:33.200] Okay.
[50:33.200 --> 50:37.400] How did that have to do with the request for delay?
[50:37.400 --> 50:40.680] Was it about timing for the default judgment request?
[50:40.680 --> 50:43.680] No, is it through a divorce case?
[50:43.680 --> 50:46.120] No, no, no, timing, timing.
[50:46.120 --> 50:51.120] Just because a lawyer puts in a motion for default judgment doesn't automatically mean
[50:51.120 --> 50:54.960] that you get, that that's a reason for a continuance.
[50:54.960 --> 50:58.360] Was there something about when she filed this motion?
[50:58.360 --> 51:02.200] Why did you ask for a continuance?
[51:02.200 --> 51:06.200] Because I'm trying to do this all pro se and I don't have the expertise and I need more
[51:06.200 --> 51:07.520] time to research.
[51:07.520 --> 51:11.600] Okay, why did you need more time to research this particular issue?
[51:11.600 --> 51:14.480] Not, well because to...
[51:14.480 --> 51:20.800] No, wait, look, I'm trying to get the date, you got it, did you get the motion two months
[51:20.800 --> 51:21.800] before?
[51:21.800 --> 51:25.160] Because if you did, they're going to say you had plenty of time, but did you get the motion
[51:25.160 --> 51:27.760] two days before?
[51:27.760 --> 51:29.680] The motion for default judgment?
[51:29.680 --> 51:30.680] Yeah.
[51:30.680 --> 51:37.640] No, I got it probably, let me think, you want me to go look at it and you put me on hold?
[51:37.640 --> 51:39.960] No, just guess, just guess.
[51:39.960 --> 51:41.600] Three weeks before.
[51:41.600 --> 51:50.840] Okay, then your motion probably would have gotten denied because you filed it so late.
[51:50.840 --> 51:57.040] If you'd have filed a week early, because the judge is going to say, guys, we already
[51:57.040 --> 52:04.640] scheduled court time, the other attorney cleared his schedule so he could be here and you wait
[52:04.640 --> 52:12.320] to the last minute to ask for a continuance when you obviously knew ahead of time.
[52:12.320 --> 52:16.320] And the fact that you filed it on the 23rd and the court, the judge didn't get it to
[52:16.320 --> 52:23.520] the 24th is probably not going to be enough of a delay to give you a good shot at the
[52:23.520 --> 52:24.520] clerk.
[52:24.520 --> 52:32.680] Now, understand, I like to take shots at them, but we need to take our shots clean.
[52:32.680 --> 52:36.440] And this one's too close to be good and clean.
[52:36.440 --> 52:44.320] But how can the court clerk enter something when the judge hasn't even seen it?
[52:44.320 --> 52:47.720] How can she say she's doing the judging on a motion?
[52:47.720 --> 52:56.800] Well, if it's the judge's signature, then are you saying that the clerk forged the judge's
[52:56.800 --> 52:57.800] signature?
[52:57.800 --> 53:01.000] No, I don't know.
[53:01.000 --> 53:03.720] If the judge's signature was on it on the 24th.
[53:03.720 --> 53:06.840] No, on the 25th.
[53:06.840 --> 53:11.320] On my actual motion, but the piece of paper I get from the court where it shows the date
[53:11.320 --> 53:14.320] it was entered into the court record was the 24th.
[53:14.320 --> 53:17.760] Yeah, that's when the clerk entered it into the record.
[53:17.760 --> 53:23.560] Yeah, but that's also when the, what he's saying is it's also the time when it was denied
[53:23.560 --> 53:27.840] and the judge has not even seen it yet and the clerk denied it herself.
[53:27.840 --> 53:31.040] Well, but it had the judge's signature on it.
[53:31.040 --> 53:34.160] So the judge's signature was on the 25th.
[53:34.160 --> 53:36.160] Okay, so the, okay, now I'm getting it.
[53:36.160 --> 53:41.880] The clerk is saying on the, because she didn't get it entered in until the 24th and it's
[53:41.880 --> 53:46.480] the day of the hearing, if it's the evening of the 24th, the hearing time has already
[53:46.480 --> 53:51.040] passed and it is moot.
[53:51.040 --> 53:52.040] The problem-
[53:52.040 --> 53:53.040] Well, how can it be?
[53:53.040 --> 53:54.040] Go ahead.
[53:54.040 --> 53:57.320] Well, you can't postpone the hearings already taking place.
[53:57.320 --> 53:59.960] Yeah, but how is that my fault?
[53:59.960 --> 54:03.360] Because the court, actual court got it on the 23rd.
[54:03.360 --> 54:05.920] Wait, wait, wait, wait, we're not saying it's your fault.
[54:05.920 --> 54:06.920] Okay.
[54:06.920 --> 54:08.360] We're saying this is how she can.
[54:08.360 --> 54:15.080] Now if she gets it and hides it in her desk drawer until after the hearing is over and
[54:15.080 --> 54:17.640] then posts it, then it's moot.
[54:17.640 --> 54:23.160] Well, Chris, what was the date that the post office says the court received it?
[54:23.160 --> 54:25.760] 3 23 at 10 52 a.m.
[54:25.760 --> 54:30.400] Okay, so this is what the problem is, I think is what he's trying to say, Randy, that the
[54:30.400 --> 54:35.360] clerk entered it in, denied it as moot, but how could she deny it as moot?
[54:35.360 --> 54:39.640] Because the court hearing had not passed yet, the court received it on the 23rd.
[54:39.640 --> 54:43.720] Okay, I'm trying to get at the right accusation to make.
[54:43.720 --> 54:49.440] So it looks like the clerk got it and just dropped it on the table somewhere and didn't
[54:49.440 --> 54:53.960] enter it into the record until after the hearing was already over.
[54:53.960 --> 54:55.400] So then she can say it's moot.
[54:55.400 --> 55:00.000] So the real issue is, is why is the clerk sitting on your motions and not filing them
[55:00.000 --> 55:01.780] in the court?
[55:01.780 --> 55:14.240] Also you go after the clerk for failure to file your motion promptly.
[55:14.240 --> 55:22.280] Where does any state give the clerk any judicial discretion to deny stuff or?
[55:22.280 --> 55:24.440] You didn't say the clerk signed it.
[55:24.440 --> 55:25.440] No.
[55:25.440 --> 55:28.120] If the clerk didn't sign it, she didn't deny it.
[55:28.120 --> 55:35.160] No, but the clerk did make a false representation as to its status in order to alter his ability
[55:35.160 --> 55:36.600] to act upon it.
[55:36.600 --> 55:42.000] If when she filed it in the court record, if the hearing had already taken place, it
[55:42.000 --> 55:43.000] was moot.
[55:43.000 --> 55:48.840] So the issue is not that she said it was moot, because that was true, it was, because hearing
[55:48.840 --> 55:50.600] already been had.
[55:50.600 --> 55:58.240] The issue is, is her delaying in filing it with the court.
[55:58.240 --> 56:04.640] But this is going to be a real hard one to win because it's so close.
[56:04.640 --> 56:08.160] You know, she can say, well, you know, we get a lot of motions every day and we didn't
[56:08.160 --> 56:09.160] get those filed.
[56:09.160 --> 56:14.440] And so we come back the next day, went to work on them, and by the time we got to it,
[56:14.440 --> 56:15.440] it was late.
[56:15.440 --> 56:22.960] But also, I have another thing, when I asked for the new trial, we went up there this past
[56:22.960 --> 56:27.920] Wednesday for it, for the hearing to say yes or no to the new trial.
[56:27.920 --> 56:33.440] I told her that, and according to the Missouri Constitution and the Missouri laws, all courts
[56:33.440 --> 56:34.440] have to be open.
[56:34.440 --> 56:42.480] I said, okay, your Constitution and your laws are on the Internet, but you have local rules
[56:42.480 --> 56:43.640] that you go by.
[56:43.640 --> 56:48.840] There's no link on the Internet, y'all don't have any books available here in the courthouse.
[56:48.840 --> 56:50.840] So how is the court open to me?
[56:50.840 --> 56:54.640] Wait a minute, they have local rules that they don't make available?
[56:54.640 --> 56:58.920] Yes, local rules that there's no link on anywhere on their website.
[56:58.920 --> 57:04.800] I've checked with the guy, the circuit clerk, and she said, this is a poor county.
[57:04.800 --> 57:05.800] That's not my problem.
[57:05.800 --> 57:11.560] I'm poor and you expect me to fulfill my responsibility, your responsibility, are to the people of
[57:11.560 --> 57:14.080] the state, the county, and the United States.
[57:14.080 --> 57:18.000] Do they publish those rules, like are they at the library or can you go to the courthouse
[57:18.000 --> 57:20.480] and get a copy of them, even if they're not on the Internet?
[57:20.480 --> 57:22.600] No, they're not at the courthouse.
[57:22.600 --> 57:27.720] Okay, so they just have local rules, but they don't tell anyone what they are and by any
[57:27.720 --> 57:28.720] means?
[57:28.720 --> 57:29.720] Yes.
[57:29.720 --> 57:30.720] That's the problem.
[57:30.720 --> 57:32.920] I don't think so.
[57:32.920 --> 57:39.360] In Texas, most of the courts post all of their records on the Internet, but they're not statutorily
[57:39.360 --> 57:43.320] required to, and that's the dodge they use.
[57:43.320 --> 57:46.880] Yes, but they have to make them available somehow.
[57:46.880 --> 57:47.880] Exactly.
[57:47.880 --> 57:53.520] Even if you request them by mail or even if you have to go look at them and make a copy
[57:53.520 --> 57:58.600] yourself, I mean they have to be posted somewhere, somehow.
[57:58.600 --> 58:05.960] So these are rules they cannot enforce, or you go after them if they try to enforce one
[58:05.960 --> 58:09.160] of them.
[58:09.160 --> 58:16.960] That would be a whole lot more fun to go after, and you're likely to get a lot more purchase.
[58:16.960 --> 58:20.880] When you file a motion for continuance the day before, you're going to have a hard time
[58:20.880 --> 58:23.520] getting any sympathy over that one.
[58:23.520 --> 58:26.720] It's going to be a hard time getting traction over that one, right.
[58:26.720 --> 58:29.840] No access to court rules that they hold you to.
[58:29.840 --> 58:30.840] That's pretty neat.
[58:30.840 --> 58:33.840] Yeah, that's pretty serious.
[58:33.840 --> 58:35.440] Okay, great.
[58:35.440 --> 58:36.440] Thanks for the call, Chris.
[58:36.440 --> 58:37.440] Thank you.
[58:37.440 --> 58:42.000] Okay, when we get back on the other side, we're going to go to Mary in North Carolina.
[58:42.000 --> 58:44.760] Greg from Texas had called in and dropped off the line.
[58:44.760 --> 58:48.080] Greg, if you'd like to call back in, we'll go to you after Mary.
[58:48.080 --> 58:53.160] Callers, if you'd like to call in, 512-646-1984.
[58:53.160 --> 58:54.160] We'll be right back.
[58:54.160 --> 59:15.320] Thanks for the call, Greg.
[59:45.320 --> 01:00:05.440] This news brief brought to you by the International News Net.
[01:00:05.440 --> 01:00:10.040] Louisiana Governor Bobby Jindal said Wednesday more than 100 miles of Louisiana's coast have
[01:00:10.040 --> 01:00:15.840] already been affected by oil from the massive spill. Jindal blasted BP and federal authorities
[01:00:15.840 --> 01:00:20.920] for a response he called too little too late, saying his state needed more protective boom
[01:00:20.920 --> 01:00:28.040] and oil skimming ships to protect its coastline. In the Gaza Strip, Israeli soldiers opened fire
[01:00:28.040 --> 01:00:33.000] Wednesday from their border checkpoint on Palestinians, wounding three workers. Earlier
[01:00:33.000 --> 01:00:38.560] Israeli fighters attacked the northern Gaza Strip, leaving 16 people, including civilians
[01:00:38.560 --> 01:00:44.360] and police officers wounded. U.S. Secretary of State Hillary Clinton called for retaliatory
[01:00:44.360 --> 01:00:49.880] action in response to the North sinking of a South Korean naval vessel. Meanwhile, the South
[01:00:49.880 --> 01:00:55.040] Korean Navy was attempting to track four North Korean submarines that disappeared from radar
[01:00:55.040 --> 01:01:01.840] screens after leaving their base this week. Iran and Russia clashed Wednesday over Kremlin
[01:01:01.840 --> 01:01:07.560] support for draft UN sanctions against Iran in one of the worst rows between the two powers since
[01:01:07.560 --> 01:01:13.840] the Cold War. The public clash indicates growing concern in Tehran after the U.S. said Russia and
[01:01:13.840 --> 01:01:20.600] China, Iran's big power allies, agreed to a draft sanctions resolution to punish Iran over its
[01:01:20.600 --> 01:01:26.080] nuclear program. Iranian President Mahmoud Ahmadinejad said Russian support for the U.S. was
[01:01:26.080 --> 01:01:31.760] unacceptable and that Moscow should rethink its decision or face being viewed as Tehran's enemy.
[01:01:31.760 --> 01:01:37.320] The Kremlin's top foreign policy adviser dismissed Ahmadinejad's criticism, telling him to
[01:01:37.320 --> 01:01:43.120] refrain from, quote, political demagoguery. A Kremlin spokeswoman added, quote, our position
[01:01:43.120 --> 01:01:48.000] is Russian. It reflects the interests of all the peoples of greater Russia, and so it can be
[01:01:48.000 --> 01:01:53.960] neither pro-American nor pro-Iranian. Diplomats say Kremlin leaders have been burned several times
[01:01:53.960 --> 01:02:03.360] while attempting to get Iranian leaders to resolve the dispute. The Los Angeles Times
[01:02:03.360 --> 01:02:09.720] reports National Security Adviser James Jones and CIA Director Leon Panetta have told Pakistan
[01:02:09.720 --> 01:02:15.560] it has only weeks to show real progress in a crackdown against the Pakistan Taliban. Jones
[01:02:15.560 --> 01:02:21.280] and Panetta presented the Pakistanis with evidence they believe proved that Pakistani-American Faisal
[01:02:21.280 --> 01:02:27.520] Shahzad was trained and funded by the TTP, as the Pakistani Taliban are known. The evidence also
[01:02:27.520 --> 01:02:33.560] showed two TTP members escorted Shahzad to a training base north of Waziristan, where he received
[01:02:33.560 --> 01:02:38.840] instruction on how to build bombs. Pakistani authorities have already detained two suspects
[01:02:38.840 --> 01:02:45.000] thought to be those TTP's escorts. The U.S. now expects to see Pakistan carry out more
[01:02:45.000 --> 01:02:59.560] counter-terrorist operations and quietly increase other unspecified cooperation with the U.S.
[01:03:15.000 --> 01:03:40.440] Alright, we are back for our two of the rule of law. We're taking your calls. Greg's called
[01:03:40.440 --> 01:03:46.960] back in, so we're going to take Greg after Mary. Hey Mary, thanks for calling in. What's
[01:03:46.960 --> 01:03:54.040] on your mind tonight? Oh, thank you Deborah and Randy and Eddie. What's on my mind is
[01:03:54.040 --> 01:04:00.440] I was in court yesterday and the reason it was actually my son was in court and I was
[01:04:00.440 --> 01:04:09.200] with him, but two months ago they arrested my son and said that he had committed property
[01:04:09.200 --> 01:04:19.240] damage and I had to bail him out. You know, go as bail so he could get out of jail. And
[01:04:19.240 --> 01:04:28.800] so then his court date was set for yesterday, so we showed up in court and they had the
[01:04:28.800 --> 01:04:39.440] people that complained testify and the witness said that my son had told her that he committed
[01:04:39.440 --> 01:04:48.440] the crime, which he did not. But it seemed to me that they arrested him on hearsay. You
[01:04:48.440 --> 01:04:55.480] know, she said he said that, he said he did not. And you know, that was my first question
[01:04:55.480 --> 01:05:02.000] about, you know, should they have arrested him? I mean it was pretty upsetting to get
[01:05:02.000 --> 01:05:09.800] taken into jail. Did they have a warrant to arrest him? Yes, I believe they did. She made
[01:05:09.800 --> 01:05:13.960] a couple things. If they had arrested him without a warrant, they would have had a big
[01:05:13.960 --> 01:05:21.080] problem. Does he have an attorney? No, he didn't ask for an attorney. When he went to
[01:05:21.080 --> 01:05:30.040] the pre-trial here in North Carolina in Cleveland County, I don't know, I have been to court
[01:05:30.040 --> 01:05:36.760] before, but at the pre-trial, instead of letting everyone, I don't know exactly how they used
[01:05:36.760 --> 01:05:44.160] to do it, but they just said everybody in court that want a court-appointed lawyer go
[01:05:44.160 --> 01:05:49.080] to this side of the court. Everybody that doesn't want a lawyer go to this side. And
[01:05:49.080 --> 01:05:53.360] then they passed them all out, flipped the paper and had them sign them and then turn
[01:05:53.360 --> 01:05:58.520] them back into the clerk. You know, they didn't get that. Okay, well I'm going to suggest
[01:05:58.520 --> 01:06:05.720] that he request court-appointed counsel. And the first thing he tells the counsel, you
[01:06:05.720 --> 01:06:09.720] do anything I don't like and I'm going to file a bar grievance against you every time
[01:06:09.720 --> 01:06:21.640] you turn around. Okay. And then demand a Frank's hearing. Frank's hearing. And if counsel doesn't
[01:06:21.640 --> 01:06:27.680] know what it is, tell the moron to go look it up. Well Randy, the thing about it is he
[01:06:27.680 --> 01:06:32.440] went to court yesterday. That was two months ago when I bailed him out of jail when they
[01:06:32.440 --> 01:06:42.840] arrested him. And then yesterday he went to court and it was called dismissed. Oh, okay.
[01:06:42.840 --> 01:06:49.640] The woman testified that he told her that he committed the property damage, that he
[01:06:49.640 --> 01:06:57.880] did do it. And then he got on the stand and said that he did not do it. And it was dismissed.
[01:06:57.880 --> 01:07:04.360] But what, you know, I was just thinking that they came and arrested him on hearsay because
[01:07:04.360 --> 01:07:09.360] he said he had never told her that and she just went to a magistrate and evidently lied
[01:07:09.360 --> 01:07:15.240] about it and said that he told her he did it. Okay, then what you do now is send a tort
[01:07:15.240 --> 01:07:23.920] letter to the court. I'm sorry, to the, was he arrested by city police, county, or what?
[01:07:23.920 --> 01:07:32.280] It was city police, I believe. Then send a tort letter to the mayor and, you know, decide
[01:07:32.280 --> 01:07:40.920] on an amount of damage that would be appropriate and tell the mayor that your son was, this
[01:07:40.920 --> 01:07:50.920] has to be your son's name, that he was injured by the police while they were operating a
[01:07:50.920 --> 01:07:58.960] motorized piece of equipment wherein they improperly arrested him and someone went before
[01:07:58.960 --> 01:08:09.120] a magistrate and sought a warrant for his arrest without sufficient probable cause and
[01:08:09.120 --> 01:08:20.840] a magistrate found probable cause based on hearsay of hearsay unless the woman who made
[01:08:20.840 --> 01:08:31.960] the accusation testified before the magistrate and that they initiated a malicious prosecution.
[01:08:31.960 --> 01:08:36.280] Doesn't matter if you win or not, we need to start kicking them in their teeth.
[01:08:36.280 --> 01:08:42.920] That's what I was hoping you would say. Well, and here's another issue at stake here.
[01:08:42.920 --> 01:08:48.200] Even if they had managed to get this warrant on this, based on this woman's hearsay, when
[01:08:48.200 --> 01:08:53.560] they arrested your son, they should have brought him immediately to the magistrate, to the
[01:08:53.560 --> 01:08:59.480] same magistrate, I might add, so that he could tell his side of the story for a finding of
[01:08:59.480 --> 01:09:04.320] probable cause, for a hearing of probable cause and then the whole thing would have
[01:09:04.320 --> 01:09:11.560] gotten thrown out right there and then. That's another major faux pas here is that when they
[01:09:11.560 --> 01:09:17.160] arrested him, they booked him and then he had to get bailed out instead of him being
[01:09:17.160 --> 01:09:21.760] taken immediately to the magistrate, okay, because otherwise then what ended up happening
[01:09:21.760 --> 01:09:25.800] is that then the prosecution ensues and then it gets dismissed anyway, but his rights were
[01:09:25.800 --> 01:09:29.680] violated because he wasn't taken directly to the magistrate when he was arrested.
[01:09:29.680 --> 01:09:37.160] Yes, and at the examining trial, the judge cannot take hearsay. They must have competent
[01:09:37.160 --> 01:09:45.080] fact witness testimony before the magistrate. The hearsay is sufficient to get the warrant
[01:09:45.080 --> 01:09:54.800] if the hearsay is credible and someone telling a police officer that someone else admitted
[01:09:54.800 --> 01:10:00.040] to committing a crime is not sufficient. Right, so you're saying the judge should not
[01:10:00.040 --> 01:10:07.960] even have heard her testimony. Heck no. And then when they arrested him in North Carolina,
[01:10:07.960 --> 01:10:13.280] they do take him before a magistrate at the jail, but the magistrate doesn't do an examining
[01:10:13.280 --> 01:10:17.680] trial. Had the magistrate done an examining trial, he'd have saved everybody a whole
[01:10:17.680 --> 01:10:21.000] lot of trouble. Oh yes, it was paced.
[01:10:21.000 --> 01:10:24.160] And yours is a real good one to attack that issue.
[01:10:24.160 --> 01:10:28.840] Yeah, and the question is when are they taken to see a magistrate, immediately or like the
[01:10:28.840 --> 01:10:32.000] next day? In North Carolina, they generally have a magistrate
[01:10:32.000 --> 01:10:35.040] there all the time. Well yeah, but that doesn't answer the question
[01:10:35.040 --> 01:10:38.800] as to whether the arrested person is taken to the magistrate immediately.
[01:10:38.800 --> 01:10:44.600] Well if there's a magistrate in the building and they generally, from what I recall, run
[01:10:44.600 --> 01:10:47.240] them through the booking process first and then take them to the magistrate.
[01:10:47.240 --> 01:10:50.960] Yes, see that's not acceptable. Yeah, that's an argument, but the delay is
[01:10:50.960 --> 01:10:56.800] not as great as like here in Texas. Yeah, but it's still not acceptable because
[01:10:56.800 --> 01:11:01.720] then you're going through the booking process, your biometric data is taken from you, you're
[01:11:01.720 --> 01:11:07.960] put in the orange suit and gone through the humiliation and punishment process, and not
[01:11:07.960 --> 01:11:11.600] only have you not been convicted of a crime, but you haven't even been accused of a crime
[01:11:11.600 --> 01:11:13.840] yet. So no, going through the booking process before
[01:11:13.840 --> 01:11:18.520] seeing a magistrate is not acceptable. That is a total violation of all our rights.
[01:11:18.520 --> 01:11:23.120] No booking before magistrate. Right, they're supposed to be taken immediately
[01:11:23.120 --> 01:11:25.840] to the magistrate, especially if it's during business hours.
[01:11:25.840 --> 01:11:30.400] Right, I think exactly. The law doesn't say anything about taking somebody
[01:11:30.400 --> 01:11:34.200] and running them through the wringer before you take them to the magistrate.
[01:11:34.200 --> 01:11:40.800] No, they're not authorized to do that. Yes, and he spent all afternoon in jail and
[01:11:40.800 --> 01:11:48.400] I spent time finding a bondsman and paying the bond and waiting for them to release him
[01:11:48.400 --> 01:11:58.560] and all this, but at the time I wasn't thinking about the hearsay involved.
[01:11:58.560 --> 01:12:07.400] I was more upset yesterday when the trial, after the judge, after he did his testimony
[01:12:07.400 --> 01:12:18.080] last, the judge just started scribbling it on the bench and then Baylor came over to
[01:12:18.080 --> 01:12:24.240] my son and me, we were sitting on the front row and he said, you can go ahead and go now.
[01:12:24.240 --> 01:12:29.800] And we stood up and my son said, well, has it been dismissed? We didn't even hear the
[01:12:29.800 --> 01:12:34.800] verdict. And he said, yes, it's dismissed. You two go ahead and go.
[01:12:34.800 --> 01:12:41.920] So we walked out of the courtroom and out into the big hallway outside and he saw someone
[01:12:41.920 --> 01:12:47.520] he knew there so he stopped and spoke to them. And then Baylor stuck his head off the back
[01:12:47.520 --> 01:12:52.960] door of the courtroom and he said, you two need to get out of here.
[01:12:52.960 --> 01:13:03.120] And so I turned around and I said, why? And he said, real mean, because I said so.
[01:13:03.120 --> 01:13:06.480] File criminal charges against Baylor. Really?
[01:13:06.480 --> 01:13:09.200] You bet. Well, I started to turn around and say, you
[01:13:09.200 --> 01:13:13.520] know what, right? You have to tell me to get out of a public place.
[01:13:13.520 --> 01:13:21.520] Here's the strategy. Never talk to the chump. Go find his boss. This is what I did in Asheville.
[01:13:21.520 --> 01:13:26.800] North Carolina? Yeah. When the bailiff wouldn't let me talk
[01:13:26.800 --> 01:13:31.720] to the former grand jury and told me to get out of there, I went to his lieutenant and
[01:13:31.720 --> 01:13:34.800] asked his lieutenant to arrest him. Lieutenant?
[01:13:34.800 --> 01:13:42.440] Yeah, the head of security in the courthouse. And the lieutenant got real excited and didn't
[01:13:42.440 --> 01:13:48.080] want to arrest him, wanted me to file my charges with the sheriff. So I did.
[01:13:48.080 --> 01:13:51.600] But I didn't file against the bailiff with the sheriff. I filed against the lieutenant
[01:13:51.600 --> 01:14:00.880] for not arresting the bailiff. That's what we as sovereigns do.
[01:14:00.880 --> 01:14:05.600] We don't argue with that low level chump. I want to talk to the boss. I want to talk
[01:14:05.600 --> 01:14:09.880] to the one who put him out there to do that and crawl down his throat.
[01:14:09.880 --> 01:14:15.880] Now this guy's innocent and the higher up they are, the more sensitive they are to problems
[01:14:15.880 --> 01:14:21.480] and criticism. And when you get done with him, he is not
[01:14:21.480 --> 01:14:28.040] going to be happy with this bailiff. I saw it. I see these bailiffs and everyone
[01:14:28.040 --> 01:14:35.040] treating all the people that are in the courtroom exactly like they treat them like sub-animals.
[01:14:35.040 --> 01:14:45.280] They yell at them. Just like he told me. He yelled at me in this real mean tone of voice
[01:14:45.280 --> 01:14:51.840] because I said so. And nobody's talked to me like that since I was a kid.
[01:14:51.840 --> 01:14:59.320] I was in court in Tarrant County and I went into one of these arraignment courts and sat
[01:14:59.320 --> 01:15:04.440] down and was sitting there taking notes and the bailiff come over and asked me if I had
[01:15:04.440 --> 01:15:08.640] a case here a day and I said no. And he said well what's your business here?
[01:15:08.640 --> 01:15:12.920] I said none of yours. Beat it. And then he started yelling at me and I stood
[01:15:12.920 --> 01:15:17.000] up and the judge was having a hearing and I said your honor, your honor. And they stopped
[01:15:17.000 --> 01:15:22.280] the hearing. The judge said what? Will you call this bulldog off of me?
[01:15:22.280 --> 01:15:26.560] The judge said what is going on? He's annoying me, Judge.
[01:15:26.560 --> 01:15:30.400] And the bailiff said well he won't tell me what his business here is today.
[01:15:30.400 --> 01:15:34.240] And the judge said well it's not any of your business.
[01:15:34.240 --> 01:15:39.560] Go away and leave him alone. Well my son grabbed me by the arm and he said
[01:15:39.560 --> 01:15:45.080] well I'm going to come on. You know, they might arrest you.
[01:15:45.080 --> 01:15:49.320] And he sort of dragged me down the hallway. And he's probably right.
[01:15:49.320 --> 01:15:54.840] That's why you don't argue with these chumps. This guy gave me a problem.
[01:15:54.840 --> 01:15:58.240] First thing I do is call the judge. Oh, call the judge first?
[01:15:58.240 --> 01:16:01.720] Yeah. Tell the judge hey, get this guy off of me.
[01:16:01.720 --> 01:16:05.880] He's your bulldog. Well say this happened yesterday. Do you
[01:16:05.880 --> 01:16:09.520] think I should call the judge? No. I think you should go to the courthouse
[01:16:09.520 --> 01:16:12.920] and ask for the head of security. Okay.
[01:16:12.920 --> 01:16:17.960] Make up a written statement. And look at the complaint they filed against
[01:16:17.960 --> 01:16:22.440] your son. And look at the style of it.
[01:16:22.440 --> 01:16:28.320] And make one up just like it with a complaint against the bailiff for denying you access
[01:16:28.320 --> 01:16:32.080] to a public building. Okay.
[01:16:32.080 --> 01:16:35.200] To a public court. That's constitutional right.
[01:16:35.200 --> 01:16:41.080] Okay. I think I could get some satisfaction out of that because I was not even there under
[01:16:41.080 --> 01:16:44.760] any charges. I was just asked. Oh, you'll enjoy that.
[01:16:44.760 --> 01:16:47.360] Okay. All right. Thank you, Mary.
[01:16:47.360 --> 01:16:51.760] Oh, thank you. Okay. All right. When we get back on the other
[01:16:51.760 --> 01:17:02.760] side, we're going to go to Greg in Texas. And callers, if you'd like to call in, 512-646-1984.
[01:17:02.760 --> 01:17:07.320] The capital coin and bullion is your local source for rare coins, precious metals, and
[01:17:07.320 --> 01:17:13.040] coin supplies in the Austin metro area. We also ship worldwide. We are a family owned
[01:17:13.040 --> 01:17:17.720] and operated business that offers competitive prices on your coin and metals purchases.
[01:17:17.720 --> 01:17:23.200] We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[01:17:23.200 --> 01:17:28.640] metals, and scrap gold. We will purchase and sell gold and jewelry items as well. We offer
[01:17:28.640 --> 01:17:35.360] daily specials on coins and bullion. We're located at 5448 Burnett Road, Suite 3. And
[01:17:35.360 --> 01:17:40.960] we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m. You
[01:17:40.960 --> 01:17:48.560] are welcome to stop in our shop during regular business hours or call 512-646-6440 with any
[01:17:48.560 --> 01:17:54.480] questions. As for Chad and say you heard about us on Rule of Law Radio or 90.1 FM, that's
[01:17:54.480 --> 01:18:01.480] capital coin and bullion, 512-646-6440.
[01:18:01.480 --> 01:18:20.560] Okay, we're back. We're taking your calls. We're going to go to Greg in Texas. Greg,
[01:18:20.560 --> 01:18:26.120] thanks for calling back in. What's on your mind tonight? I never. It's good to talk to
[01:18:26.120 --> 01:18:30.400] you guys. I tried to call you a couple weeks ago. You were fired up on a Thursday night
[01:18:30.400 --> 01:18:36.160] about something. I was like, man, thank God, her laser beam eyes and steam flying out of
[01:18:36.160 --> 01:18:42.160] her ears. I just want to know about the one case you had with the disability thing that
[01:18:42.160 --> 01:18:46.920] went down. You were going to do some stuff on the weekend, but that's not important because
[01:18:46.920 --> 01:18:53.880] I'm not going to take off topic. I was just curious what you guys thought about and you
[01:18:53.880 --> 01:19:00.400] like this, Debra. Here in Austin, I play music downtown. This is last September, like Beacon
[01:19:00.400 --> 01:19:10.400] Street Fest. I'm over there by 4th, 5th, right at Natchez across from Hilton. I'm in a park
[01:19:10.400 --> 01:19:15.920] and I go in there just to chill out like I usually do to get away from the madness. There's
[01:19:15.920 --> 01:19:20.760] a couple there. I play a little music for them. I told them, this ain't going to cost
[01:19:20.760 --> 01:19:25.560] you nothing. I did like Eric Clapton's Wonderful Tonight or something. I just went in there
[01:19:25.560 --> 01:19:31.560] to play. No, I didn't even want to play, but I did. I said, anyway, these two cops rolled
[01:19:31.560 --> 01:19:39.640] up on their bikes and treated us all like little dirtbags. Anyway, to make a long story
[01:19:39.640 --> 01:19:47.240] short, he really, really was obnoxious and was rude to the tourists. I wanted to file
[01:19:47.240 --> 01:19:55.040] a complaint against him if there was any way, but I'm probably what in the wind with that.
[01:19:55.040 --> 01:20:02.960] I took their community service. This is a little downtown municipal something community
[01:20:02.960 --> 01:20:10.280] court thing. I don't know. You all talk about class C misdemeanors. Were you committing
[01:20:10.280 --> 01:20:15.520] a felony? Were you causing any harm to anybody and all that? I don't know what to think about
[01:20:15.520 --> 01:20:23.560] that. Were you charged with something? Yes, ma'am. Curfew. I was after curfew. I said,
[01:20:23.560 --> 01:20:27.280] look, there's a guy. I said, there's people out here all the time. It's right across from
[01:20:27.280 --> 01:20:31.160] the Hilton. You know we're on 4th and 5th down there where they got the little train
[01:20:31.160 --> 01:20:38.120] station. I said, I've been out here for years and nobody's ever. I said, people walk their
[01:20:38.120 --> 01:20:43.040] dogs all night. I said, there's no signs. He said, we don't need to have signs everywhere.
[01:20:43.040 --> 01:20:48.600] Then he got really nasty with me about, and my guitar. He even asked, he said, well, do
[01:20:48.600 --> 01:20:54.120] you actually even have a receipt? I actually pulled the receipt out of my, he said, oh
[01:20:54.120 --> 01:21:00.400] wow, so and so many US dollars. I said, yeah, that's what we call it in this country.
[01:21:00.400 --> 01:21:07.200] Well, wait a minute. Back to the curfew issue. Are you saying there was some city ordinance
[01:21:07.200 --> 01:21:15.400] involving a curfew that you were violating? Yes, ma'am. After 10 o'clock. After 10 o'clock,
[01:21:15.400 --> 01:21:22.080] you can't be where? They can write you a ticket. Okay, so you're saying there's a city ordinance
[01:21:22.080 --> 01:21:26.240] effect in Austin right now that you cannot be on the city streets after 10 p.m.? I was
[01:21:26.240 --> 01:21:36.880] in the park. I was in Brushy Creek Park. That little tiny park over there. I'm not asking
[01:21:36.880 --> 01:21:43.400] you guys to solve that problem for me, but I just want to, and the lady that called,
[01:21:43.400 --> 01:21:50.800] I grew up in Wade County in Cumberland County, North Carolina. That's nothing new what they're
[01:21:50.800 --> 01:21:56.200] going through there. That's why I moved out of that place and moved to Seattle and then
[01:21:56.200 --> 01:22:01.120] in Northern California, but I've lived in Austin since 2000. I don't know who called
[01:22:01.120 --> 01:22:08.960] you guys about the cat with the whiskers in his mouth, about blue tie guy, but I don't
[01:22:08.960 --> 01:22:14.480] want to run your time up about things like that, but I just want to let you know how
[01:22:14.480 --> 01:22:21.640] evil cops can be right here in Austin, Texas. Well, the way to handle that is don't raise
[01:22:21.640 --> 01:22:27.720] an argument with the cop. Right. Well, I've already took a deferral and they gave me community
[01:22:27.720 --> 01:22:32.400] service, and the only way I guess they can lock me up is by going in contempt of court.
[01:22:32.400 --> 01:22:37.560] No, no, no. That wasn't what I was getting at. Okay, I'm sorry. Go ahead. Go down to
[01:22:37.560 --> 01:22:40.120] the- Well, it's over with, though, sir. It's over.
[01:22:40.120 --> 01:22:42.840] I mean, I've already- No, wait. Hold on, hold on, hold on. If
[01:22:42.840 --> 01:22:46.400] they didn't have jurisdiction to begin with, it's not over, so let me finish.
[01:22:46.400 --> 01:22:49.960] No, that's not where I'm going. Well, I've pled out, but go ahead. I've got
[01:22:49.960 --> 01:22:53.320] a pledge on the deferral. I got that part. We got that part.
[01:22:53.320 --> 01:22:56.760] You don't get a- Stop, stop. We got that part.
[01:22:56.760 --> 01:22:59.640] Okay. We understand how you got there.
[01:22:59.640 --> 01:23:02.960] Yeah. But the fact that they were rude to a sovereign
[01:23:02.960 --> 01:23:05.600] is not acceptable. That's right. I mean, I want-
[01:23:05.600 --> 01:23:09.680] Let me finish.... the tourists and me, and then he was like,
[01:23:09.680 --> 01:23:22.200] you know I can arrest you if I want to, and I- Okay. Look, if they're acting inappropriately
[01:23:22.200 --> 01:23:27.360] and not treating the public with dignity and respect, you don't argue with them because
[01:23:27.360 --> 01:23:33.120] they're about halfway nuts anyway, especially if you've got a cop like that.
[01:23:33.120 --> 01:23:38.560] But what you do is you go down and you ask for the chief of police, and he's going to
[01:23:38.560 --> 01:23:45.360] be busy, so then you ask for the next-in-command, and he might be busy, and you work your way
[01:23:45.360 --> 01:23:50.360] down until you get someone, and then you crawl down his throat like he was an errant step
[01:23:50.360 --> 01:23:52.160] top. Yeah.
[01:23:52.160 --> 01:23:56.600] Who do you think you are? Do you train these people to come in? Did you send him out there
[01:23:56.600 --> 01:23:59.240] to do that and just cue him out good? Right.
[01:23:59.240 --> 01:24:02.720] Now, he is innocent as the driven snow. That's right.
[01:24:02.720 --> 01:24:08.440] He didn't do a thing. Now, he is getting cued out because of one of those guys down there
[01:24:08.440 --> 01:24:11.480] on the bottom did something. That's right.
[01:24:11.480 --> 01:24:15.040] When that guy gets back in, he's going to be in trouble no matter what.
[01:24:15.040 --> 01:24:18.760] Well, I didn't want to take that. I wanted to file a complaint before I even had the
[01:24:18.760 --> 01:24:23.960] court date. I wanted to go right ahead and file a complaint against this guy, and then
[01:24:23.960 --> 01:24:28.600] I realized, you know, I'm down in a community court. It's like, you know what I'm saying.
[01:24:28.600 --> 01:24:32.840] I just don't understand their logistics or what they're trying to do with these things.
[01:24:32.840 --> 01:24:38.280] Okay, listen. Well, this isn't logistics. This is just a policeman who's used to... He
[01:24:38.280 --> 01:24:44.200] gets out there every day, and the public is afraid of him, and that makes him afraid of
[01:24:44.200 --> 01:24:51.480] the public, and he's reacting from his fear and his frustration. Most of the time, police
[01:24:51.480 --> 01:24:55.240] spend a lot of their time dealing with criminals. I understand that.
[01:24:55.240 --> 01:25:01.760] There's an element out there that will make you crazy, and sometimes the police forget
[01:25:01.760 --> 01:25:04.240] who they're dealing with, and you need to remind them.
[01:25:04.240 --> 01:25:08.720] Well, yeah, and then also they go through... There are extensive training programs
[01:25:08.720 --> 01:25:15.240] funded by the federal government to teach the police that they are above us, and that
[01:25:15.240 --> 01:25:19.040] they are the sovereigns, and we're the evil ones, and so...
[01:25:19.040 --> 01:25:23.560] Listen, listen, Debra. You'll love this. I'm standing there with this couple sitting on
[01:25:23.560 --> 01:25:27.720] the bench, and I told them, I said, I've never done this. You ain't going to cost you nothing.
[01:25:27.720 --> 01:25:32.800] Anyway, they rolled up, blah, blah, blah. Then I'm like, well, look. I said, there's
[01:25:32.800 --> 01:25:38.400] a guy right there walking. He had two dogs. He probably lived down in the condos or God
[01:25:38.400 --> 01:25:44.400] knows where downtown, and the cop turned around to him. He said, nobody likes a snitch, and
[01:25:44.400 --> 01:25:49.400] the couple on the bench said, that guy wasn't snitching. He's trying to explain how this
[01:25:49.400 --> 01:25:52.440] is not... I've never had a problem with this before.
[01:25:52.440 --> 01:25:57.920] Well, there's another issue to consider here as well. You're saying you were in a public
[01:25:57.920 --> 01:25:58.920] park, right?
[01:25:58.920 --> 01:26:01.760] Yes, sir. I was after curfew. It was 10...
[01:26:01.760 --> 01:26:05.120] Okay. Wait, wait, wait. Stop, stop, stop. I'm just reading some specific answers to
[01:26:05.120 --> 01:26:10.040] my questions. You were in a public park, which means the people of the city own it.
[01:26:10.040 --> 01:26:11.040] Yes.
[01:26:11.040 --> 01:26:12.960] Okay? It's just managed by the city.
[01:26:12.960 --> 01:26:13.960] Right.
[01:26:13.960 --> 01:26:18.840] The curfew is implemented under a city ordinance, right?
[01:26:18.840 --> 01:26:21.600] That's what they said, and he said, we don't have to have a sign everywhere.
[01:26:21.600 --> 01:26:24.960] Okay. Wait, wait, wait, wait, wait. It's implemented under a city ordinance.
[01:26:24.960 --> 01:26:25.960] Right.
[01:26:25.960 --> 01:26:32.840] Okay. They have a problem. If it's implemented under a city ordinance, the curfew only applies
[01:26:32.840 --> 01:26:37.760] to city employees. You should have told the cop he was being arrested for violation of
[01:26:37.760 --> 01:26:38.760] curfew.
[01:26:38.760 --> 01:26:41.960] That's what you guys... I've been listening to you guys for weeks, and I've called you
[01:26:41.960 --> 01:26:46.520] up. If I had any beer, fun, or anything, you guys would be unlimited forever, and I love
[01:26:46.520 --> 01:26:53.160] the work you're doing. That's why I've called back in. I'm like, I don't understand why.
[01:26:53.160 --> 01:26:56.600] What damage or harm did I commit to anybody?
[01:26:56.600 --> 01:27:02.480] Well, again, wrong question to be asking in this case. In this case, they had no authority
[01:27:02.480 --> 01:27:09.400] to do what they were doing because the ordinance does not apply to anyone but the city employees
[01:27:09.400 --> 01:27:14.920] or contractors for the city. It does not apply to the people at all in any way, shape, or
[01:27:14.920 --> 01:27:15.920] form. It cannot.
[01:27:15.920 --> 01:27:16.920] Well, they can...
[01:27:16.920 --> 01:27:23.440] That's just a straight-up fact under the Texas Constitution.
[01:27:23.440 --> 01:27:26.920] Right. Well, I'm charged, and it comes up in a warrant that it's not like they're going
[01:27:26.920 --> 01:27:32.320] to drag me downtown over it, but I don't want to go against... I want to follow the rules
[01:27:32.320 --> 01:27:37.960] and everything, but I just felt like that was rude. Go ahead. I don't know what I'm
[01:27:37.960 --> 01:27:38.960] saying.
[01:27:38.960 --> 01:27:44.000] It was rude, and you should have went down. You still should go down and start with the
[01:27:44.000 --> 01:27:48.920] chief and work your way down until you get somebody and cue him out like a little kid.
[01:27:48.920 --> 01:27:51.280] This is how we stop this nonsense.
[01:27:51.280 --> 01:27:58.240] Right. Then you go through, my God, how many hoops and flaming arrows to get over that
[01:27:58.240 --> 01:27:59.240] hurdle. I don't know.
[01:27:59.240 --> 01:28:06.440] No, that's fun. You like that part. That's a hoot. Then they're just apologizing all
[01:28:06.440 --> 01:28:09.280] over the place and assuring you that won't happen again.
[01:28:09.280 --> 01:28:14.160] Well, if I've already took a deferral on it and expected to do the community service...
[01:28:14.160 --> 01:28:18.840] That don't make any difference. That has nothing to do with a policeman being rude and disrespectful.
[01:28:18.840 --> 01:28:23.240] Well, that's right. That's what I want. That was my big subject about how they were being
[01:28:23.240 --> 01:28:25.040] rude. You're right.
[01:28:25.040 --> 01:28:29.520] But it also removes their jurisdiction, which means you can still challenge it on that grounds
[01:28:29.520 --> 01:28:32.840] as well. They didn't have any jurisdiction.
[01:28:32.840 --> 01:28:44.560] All right. Well, you guys are wonderful. Debra, I love when you get fired up sometimes. I
[01:28:44.560 --> 01:28:48.760] don't know what to say about it. But the things are rude and you guys are right about what's
[01:28:48.760 --> 01:28:56.960] going on. I listen to it and I feel like, well, my little case is totally insignificant
[01:28:56.960 --> 01:29:02.200] compared to some of the stuff you guys are dealing with. I just really appreciate the
[01:29:02.200 --> 01:29:04.080] work you guys are doing.
[01:29:04.080 --> 01:29:05.440] Well, thank you.
[01:29:05.440 --> 01:29:07.240] All right. Well, thanks, Greg.
[01:29:07.240 --> 01:29:11.120] I don't know what to do about going after that cop. I don't know how to deal with that,
[01:29:11.120 --> 01:29:15.720] though. I don't know. I'd like to. Believe me, I think all of them, they should have
[01:29:15.720 --> 01:29:19.920] a new job or something or be something. I don't know.
[01:29:19.920 --> 01:29:24.040] Well, you have a course of action against him as well for fraudulently enforcing a law
[01:29:24.040 --> 01:29:30.360] that had nothing to do with you, or at least an alleged law. Basically, that's abuse of
[01:29:30.360 --> 01:29:32.520] official capacity and official oppression.
[01:29:32.520 --> 01:29:37.960] Right. And they let the guy walk through the park with his dogs and called me a snitch.
[01:29:37.960 --> 01:29:42.000] That's selective prosecution or selective harassment, then.
[01:29:42.000 --> 01:29:43.000] Yeah.
[01:29:43.000 --> 01:29:44.000] That's another penalty.
[01:29:44.000 --> 01:29:47.000] All right. Thanks for calling in, Greg.
[01:29:47.000 --> 01:29:50.680] Thank you, Debra and Randy, and you guys take care.
[01:29:50.680 --> 01:29:53.280] All right. You too. All right. When we get back on the other side, we're going to go
[01:29:53.280 --> 01:30:00.280] to Chris in New York and then Diane from Texas. We will be right back.
[01:30:23.280 --> 01:30:30.280] We'll be right back.
[01:30:53.280 --> 01:31:00.280] We'll be right back.
[01:31:23.280 --> 01:31:30.280] All right.
[01:31:53.280 --> 01:32:00.280] We'll be right back.
[01:32:23.280 --> 01:32:30.280] All right.
[01:32:54.280 --> 01:33:02.280] Okay. We are back. We're taking our calls. We're going now to Chris in New York. Chris,
[01:33:02.280 --> 01:33:05.280] thanks for calling in. What's on your mind tonight?
[01:33:05.280 --> 01:33:07.280] Good evening, ladies and gentlemen. Can you hear me okay?
[01:33:07.280 --> 01:33:08.280] Yes. Go ahead, please.
[01:33:08.280 --> 01:33:15.280] First, I want to apologize. We had a power outage here out in upstate New York, so I
[01:33:15.280 --> 01:33:19.280] hadn't heard the first portion of the show, so I apologize if I'm bringing up something
[01:33:19.280 --> 01:33:25.280] that has already been brought up. I had a question for Randy in regards to the qualified
[01:33:25.280 --> 01:33:32.280] written request and foreclosure process. I have a friend who has already been foreclosed
[01:33:32.280 --> 01:33:38.280] upon, and they're in a position where they're ready to come and change the locks out. Is
[01:33:38.280 --> 01:33:46.280] he in a position to work on the federal suit to help stop the situation at hand?
[01:33:46.280 --> 01:33:56.280] Well, yes. The federal suit won't directly stop the situation at hand. It depends on
[01:33:56.280 --> 01:34:05.280] who bought the property. If the property was sold to a third party, then the court in the
[01:34:05.280 --> 01:34:13.280] state has jurisdiction to determine who has a right to possession. That's why if somebody's
[01:34:13.280 --> 01:34:21.280] close to foreclosure and you can't get a suit in, then you go down to the sale when they
[01:34:21.280 --> 01:34:28.280] hold the sale. In most states, it's on the first Tuesday of the month. Before they hold
[01:34:28.280 --> 01:34:32.280] the sale, you step up and tell them which property you got. We're filing suit against
[01:34:32.280 --> 01:34:38.280] them. If you buy the property, you buy the suit. Nobody will bid against it. If anybody
[01:34:38.280 --> 01:34:47.280] buys it, it'll be the bank. Then if you sue, then since the bank bought it back, they're
[01:34:47.280 --> 01:34:54.280] involved in the litigation, so you can stop the process of eviction. However, if a third
[01:34:54.280 --> 01:35:02.280] party purchased it, what the court's going to say is, is this guy bought in good faith
[01:35:02.280 --> 01:35:06.280] and he has a right to his property. If you have a complaint about the foreclosure process
[01:35:06.280 --> 01:35:13.280] or about the validity of the note, that's between you and the lender, but this person
[01:35:13.280 --> 01:35:20.280] purchased in good faith and he has a right to possession. That is really hard to overcome.
[01:35:20.280 --> 01:35:26.280] If you're closing in on foreclosure and you can't get a suit in, because the suit is the
[01:35:26.280 --> 01:35:31.280] only thing that's going to stop the lender. He's not going to pay any attention to anything
[01:35:31.280 --> 01:35:37.280] else. We file a qualified written request. That's when people have time to set up the
[01:35:37.280 --> 01:35:43.280] lender to give them opportunity to violate more real estate settlement procedures act
[01:35:43.280 --> 01:35:49.280] requirements. Then we send them a tort letter to show due diligence if we have time, but
[01:35:49.280 --> 01:35:55.280] if it's close to foreclosure, you just want to get a suit in. Doesn't have to be a great
[01:35:55.280 --> 01:36:01.280] suit. It just has to be some kind of suit. Get it in there, stop the process, or if you
[01:36:01.280 --> 01:36:07.280] can't do that, get down there to where they have the sale and tell everybody you have
[01:36:07.280 --> 01:36:13.280] the less pendants, less pendants meaning pending litigation against this property. You buy the
[01:36:13.280 --> 01:36:21.280] property, you buy the suit. Nobody will bid on it because if they buy the property, it's
[01:36:21.280 --> 01:36:29.280] in the code that they buy at their peril. If they buy the property and you sue the lender
[01:36:29.280 --> 01:36:35.280] and show that the foreclosure was improper, then you can get the house back. If this poor
[01:36:35.280 --> 01:36:40.280] chump has bought the house and put 50 grand in it, bringing it up to snuff and getting
[01:36:40.280 --> 01:36:47.280] it all perfect, he loses everything. That's why nobody will bid on it if you go down there
[01:36:47.280 --> 01:36:51.280] and tell them you're going to sue. You don't have to have a suit already. You just tell
[01:36:51.280 --> 01:36:55.280] them you're going to and nobody will bid. Then when you file...
[01:36:55.280 --> 01:37:02.280] In his situation, there was already a foreclosure. It just happened. Foreclosure just happened.
[01:37:02.280 --> 01:37:09.280] No sale has taken place. His main concern is what's going to happen if we get kicked out
[01:37:09.280 --> 01:37:13.280] or if they ask us to leave. I was curious if this would be able to help him.
[01:37:13.280 --> 01:37:17.280] Also, Chris, I had to mute you for a while because you've got a lot of background noise
[01:37:17.280 --> 01:37:23.280] on your end. If you could try to get somewhere where it's more quiet because we were having
[01:37:23.280 --> 01:37:28.280] trouble hearing Randy, so I had to mute you. Try to get into a quiet location.
[01:37:28.280 --> 01:37:31.280] Okay. You're like my wife. You mute me all the time.
[01:37:31.280 --> 01:37:37.280] I'm sorry, but this is a radio show. There's tens of thousands of listeners that need to
[01:37:37.280 --> 01:37:44.280] hear this information. Okay, I know, but I'm just...
[01:37:44.280 --> 01:37:45.280] I appreciate it. Thank you.
[01:37:45.280 --> 01:37:46.280] All right.
[01:37:46.280 --> 01:37:52.280] That's Chris in New York and that was probably Russell. He's got a boxer that when I looked
[01:37:52.280 --> 01:37:58.280] in that boxer's pug, floppy jawed face, I thought, well, Russell Mortland, what are
[01:37:58.280 --> 01:38:09.280] you doing in New York? Anyhow, on foreclosure, you don't want your property sold to a third
[01:38:09.280 --> 01:38:21.280] party. Once you file suit, if the bank still owns it, either they went into the foreclosure
[01:38:21.280 --> 01:38:26.280] process, but they haven't actually sold it, haven't got to the courthouse yet, or if they
[01:38:26.280 --> 01:38:35.280] have sold it, but the bank had to buy it back. Now, you sue. If the bank forces you out of
[01:38:35.280 --> 01:38:41.280] the property, the bank is responsible for the property. When you sue, they're looking
[01:38:41.280 --> 01:38:47.280] at the property sitting empty for a year and a half to two years, and they're responsible
[01:38:47.280 --> 01:38:54.280] for it. Problem. You can't ensure a vacant property.
[01:38:54.280 --> 01:38:59.280] Once you sue, generally, the last thing they want you out of that house, they want you
[01:38:59.280 --> 01:39:07.280] in there to protect it. Now, granted, it's always a crap shoot. The bank may have something
[01:39:07.280 --> 01:39:12.280] else special planned or think they can do something in particular. There's no legal
[01:39:12.280 --> 01:39:19.280] remedy to stop them, but there's a rational remedy. When they're looking at sitting on
[01:39:19.280 --> 01:39:24.280] the building for two years with nobody in it and they have to take care of it, they're
[01:39:24.280 --> 01:39:30.280] going to want someone in it. We had one in California where they already sold the building.
[01:39:30.280 --> 01:39:37.280] The bank bought it back. They went to the local court and got a, in California they
[01:39:37.280 --> 01:39:45.280] call it, an unlawful detainer. The sheriff told him he had two days to get out. Generally,
[01:39:45.280 --> 01:39:49.280] when the sheriff tells you, be out by this day, he's not going to come throw you out
[01:39:49.280 --> 01:39:55.280] that day. He's trying to get you to move out on your own so he don't have to do it.
[01:39:55.280 --> 01:39:59.280] If you don't move out that day, then he will schedule his lumpers to come in and move
[01:39:59.280 --> 01:40:06.280] you out, so you'll have a little bit of time. Anyway, they never come back, so a couple
[01:40:06.280 --> 01:40:12.280] weeks later, they went down, the client went down to the court to see what was going on
[01:40:12.280 --> 01:40:19.280] with the unlawful detainer and they couldn't find the records on it. It was gone. The bank
[01:40:19.280 --> 01:40:24.280] wanted that to cease and desist immediately. That was two, three months ago. They're still
[01:40:24.280 --> 01:40:31.280] in the property with no problem from the lender because now the lender doesn't want the property
[01:40:31.280 --> 01:40:37.280] empty. So that's kind of the strategy on when you're close to foreclosure or if you're
[01:40:37.280 --> 01:40:44.280] between foreclosure and eviction, the only thing that stops the lender is a lawsuit.
[01:40:44.280 --> 01:40:52.280] It don't have to be a great lawsuit. It don't have to be perfect. If short of time, go down
[01:40:52.280 --> 01:40:59.280] to the courthouse, look in the court record at some foreclosure issues. Pull a lawsuit,
[01:40:59.280 --> 01:41:09.280] look it over if it has issues that are similar to yours. Use one of my best skills. The thing
[01:41:09.280 --> 01:41:17.280] I'm best at is a plagiarist. I go get other people's good work and take it. So take their
[01:41:17.280 --> 01:41:24.280] suit, make the adjustment so it matches yours, get it filed. You get the suit filed, likely
[01:41:24.280 --> 01:41:29.280] will stop them from throwing you out of the house. They may object to the suit and say
[01:41:29.280 --> 01:41:36.280] it's a bunch of garbage. You say, yeah, you're right it is. So I'll treat your objection
[01:41:36.280 --> 01:41:44.280] as a request for more definite statement and file an amended. You get to file the amended
[01:41:44.280 --> 01:41:50.280] when you've got time to either get an attorney or do your own research and put it together
[01:41:50.280 --> 01:41:54.280] a little better. And if you call in to us and tell us what your situation is, we can
[01:41:54.280 --> 01:41:58.280] give you an idea how to put it together in a way that they won't get you thrown out
[01:41:58.280 --> 01:42:05.280] for a failure to state a claim on which recovery can be had because we will show you how to
[01:42:05.280 --> 01:42:13.280] put together a cause of action. If you have one complete cause of action stating all of
[01:42:13.280 --> 01:42:19.280] the elements of the cause of action, you stated a claim on which recovery can be had so that
[01:42:19.280 --> 01:42:28.280] you won't be able to just toss it out of hand. And then we can talk about how to really give
[01:42:28.280 --> 01:42:35.280] them a problem. And the best way to do that is to go after the head of the trust that's
[01:42:35.280 --> 01:42:43.280] holding the security instrument. That's who the lender's afraid of. So when you start
[01:42:43.280 --> 01:42:50.280] in discovery asking to do a deposition on the head of that trust, the lender's going
[01:42:50.280 --> 01:42:56.280] to get real excited and start filing motions to quash and he's going to do everything
[01:42:56.280 --> 01:43:02.280] he can to stop you. And he'll file a motion and you'll wait 30, 60, 90 days and he'll
[01:43:02.280 --> 01:43:06.280] have a hearing on it and then you'll file a counter motion and they'll have a hearing
[01:43:06.280 --> 01:43:12.280] on it. You'd stay in there forever. So that's my suggestion of how to handle the foreclosure
[01:43:12.280 --> 01:43:20.280] process. Primarily we need to stop them in their tracks so we get time to gather up.
[01:43:20.280 --> 01:43:25.280] They want to land on you like a ton of bricks and take it away from you before you get a
[01:43:25.280 --> 01:43:30.280] chance to raise any objection. We absolutely want to put a stop to that. So the way to
[01:43:30.280 --> 01:43:36.280] do it, think soon. On the other side I'll spend a little time telling you why that's
[01:43:36.280 --> 01:43:40.280] okay and it's not as daunting as it sounds. And we also have Diane from Texas who's been
[01:43:40.280 --> 01:43:48.280] holding for about 30 minutes. We got one more segment left. This is the rule of law. We
[01:43:48.280 --> 01:43:54.280] got Randy Kelton, Eddie Craig, Deborah Stevens. We'll be back on the other side.
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[01:45:18.280 --> 01:45:46.280] Okay, we are back. We're taking your calls.
[01:45:46.280 --> 01:45:51.280] We got Diane is next, patiently waiting. Okay, Randy, so you wanted to finish up quickly
[01:45:51.280 --> 01:45:52.280] and then we'll go to Diane.
[01:45:52.280 --> 01:45:59.280] Yes, I was afraid I scared everybody when I said file suit because if you're pro se,
[01:45:59.280 --> 01:46:05.280] it's kind of daunting. You're afraid of what will happen when you get to court. Well, the
[01:46:05.280 --> 01:46:12.280] idea is never to get to court. And primarily we suggest you file in the federal court because
[01:46:12.280 --> 01:46:17.280] federal courts never want to see you in court. They want to do everything in the documentation.
[01:46:17.280 --> 01:46:21.280] So you get time to put together your documents and file them with the court and you don't
[01:46:21.280 --> 01:46:26.280] have to go down there and argue them. And the whole idea is you don't want to go to
[01:46:26.280 --> 01:46:32.280] court because the courts are corrupt. However, the lender doesn't want to go to the court
[01:46:32.280 --> 01:46:38.280] either because the courts are corrupt and it's always a crap shoot.
[01:46:38.280 --> 01:46:43.280] Well, and also if you, this is why we recommend the jurisdictionary course because once you
[01:46:43.280 --> 01:46:47.280] go through the class and you learn the tools that you need to manage your own lawsuit,
[01:46:47.280 --> 01:46:49.280] it makes the whole thing a lot less scary anyway.
[01:46:49.280 --> 01:46:56.280] Absolutely. And once you file suit, everything stops for a while. You file, they've got,
[01:46:56.280 --> 01:47:01.280] and the Fed, I think they've got like 30 days to answer. And then once they answer,
[01:47:01.280 --> 01:47:07.280] then you go to discovery and they've got 30, 60 days to answer discovery and they'll
[01:47:07.280 --> 01:47:13.280] give you a garbage answer. And then they'll send you discovery and you'll give them a
[01:47:13.280 --> 01:47:17.280] garbage answer. And then everybody will file a motion with the court asking the court to
[01:47:17.280 --> 01:47:21.280] order them to give them a discovery. And then you'll file an objection to it and all of
[01:47:21.280 --> 01:47:27.280] this takes time. That's why court cases take so long. So what it does is buy you time and
[01:47:27.280 --> 01:47:32.280] you don't have to go into the court and risk saying something really dumb in front of the
[01:47:32.280 --> 01:47:38.280] court. So don't be afraid to file a suit. If you're about to lose your property, get
[01:47:38.280 --> 01:47:39.280] one filed.
[01:47:39.280 --> 01:47:41.280] Yeah. You have to do something to save your house.
[01:47:41.280 --> 01:47:42.280] Okay.
[01:47:42.280 --> 01:47:47.280] Okay. We're going now to Diane in Texas. Diane, thanks for calling in. What's on your mind
[01:47:47.280 --> 01:47:48.280] tonight?
[01:47:48.280 --> 01:47:54.280] Hey, Deborah and Randy. Thanks for taking my call. I'm going to just start out like
[01:47:54.280 --> 01:48:02.280] off the top telling you that I'm calling about a job situation and I work for lawyers.
[01:48:02.280 --> 01:48:04.280] Our condolences.
[01:48:04.280 --> 01:48:05.280] Sorry?
[01:48:05.280 --> 01:48:07.280] Our condolences.
[01:48:07.280 --> 01:48:17.280] Thank you. I need it. The situation here where I work, it's an extremely hostile work
[01:48:17.280 --> 01:48:25.280] environment. A lot of it's been verbal along the way, just nasty things being said that
[01:48:25.280 --> 01:48:31.280] don't need to be said in a professional environment and things like that. But most recently, maybe
[01:48:31.280 --> 01:48:38.280] within the past month or so, the office manager has started talking about shooting people,
[01:48:38.280 --> 01:48:47.280] literally, with a gun. And he actually has shown me and another person that he does have
[01:48:47.280 --> 01:48:54.280] a gun, showed us where it was, and picked up a box of bullets and showed us the bullets
[01:48:54.280 --> 01:49:01.280] and showed us the key to the gun and said that he needs to clean the gun. It just needs
[01:49:01.280 --> 01:49:07.280] to be clean. And the only thing keeping him from shooting people is his medication. And
[01:49:07.280 --> 01:49:10.280] we're kind of freaking out.
[01:49:10.280 --> 01:49:20.280] Okay. Is he making any kind of specific threats? You're saying you're working for an attorney
[01:49:20.280 --> 01:49:21.280] for a law firm?
[01:49:21.280 --> 01:49:22.280] Yes.
[01:49:22.280 --> 01:49:24.280] Is he one of the attorneys?
[01:49:24.280 --> 01:49:25.280] No, he's not.
[01:49:25.280 --> 01:49:28.280] So he's an administrative employee?
[01:49:28.280 --> 01:49:29.280] Yes.
[01:49:29.280 --> 01:49:35.280] You might want to take this to whoever is the head of the law firm.
[01:49:35.280 --> 01:49:37.280] We've done that.
[01:49:37.280 --> 01:49:43.280] Then you might want to go file a statement with the police department.
[01:49:43.280 --> 01:49:46.280] That's what I've been advised by other people.
[01:49:46.280 --> 01:49:49.280] Why would you tell her to go to the police?
[01:49:49.280 --> 01:49:53.280] That's what I said when people told me that.
[01:49:53.280 --> 01:50:01.280] I would go to the district attorney. I mean, why go to the police?
[01:50:01.280 --> 01:50:04.280] That's a good point.
[01:50:04.280 --> 01:50:07.280] Why the DA over the district attorney?
[01:50:07.280 --> 01:50:15.280] Because the police is not a legitimate authorized filing entity for a criminal complaint. If
[01:50:15.280 --> 01:50:20.280] you go complain to the police department, then it's up to their discretion as to whether
[01:50:20.280 --> 01:50:27.280] they want to do something about it or not. A prosecutor is a filing entity, so is a magistrate,
[01:50:27.280 --> 01:50:29.280] so is a grand jury.
[01:50:29.280 --> 01:50:35.280] The prosecutor is probably really a good idea because he's also an attorney.
[01:50:35.280 --> 01:50:45.280] If you go to the prosecutor essentially informally and ask the prosecutor not to identify you,
[01:50:45.280 --> 01:50:54.280] then he's likely to call down there and say, hey, Joe, sounds like there's a problem in
[01:50:54.280 --> 01:50:59.280] your office. You might want to look at this and give him a heads up from someone he'll
[01:50:59.280 --> 01:51:05.280] pay attention to because this is one of those situations where when the guy goes out and
[01:51:05.280 --> 01:51:10.280] shoots four or five people, everybody says, well, why didn't somebody know?
[01:51:10.280 --> 01:51:12.280] Didn't anybody see this coming?
[01:51:12.280 --> 01:51:14.280] Exactly. That's how I feel right now.
[01:51:14.280 --> 01:51:20.280] I'm one of those people. I know this person is on a lot of medication for several different
[01:51:20.280 --> 01:51:28.280] things, has been an alcoholic in recovery, has been a drug addict, and has a gun. Does
[01:51:28.280 --> 01:51:30.280] he even have a license to have a gun?
[01:51:30.280 --> 01:51:32.280] I don't know if you need a license.
[01:51:32.280 --> 01:51:38.280] Is he a felon? He's got a gun in a workplace. This is not exactly your house.
[01:51:38.280 --> 01:51:45.280] Exactly. That's what I'm saying. We have a third party that actually handles all of our
[01:51:45.280 --> 01:51:51.280] payroll and insurance and all that, and they have our employee manual. It just so happens
[01:51:51.280 --> 01:51:58.280] that about a week or so ago, they sent us all an email and said, hey, read the new manual
[01:51:58.280 --> 01:52:05.280] and sign it and make sure that we know you read it and da-da-da. It's clearly stated
[01:52:05.280 --> 01:52:09.280] there that possessing weapons is not permissible.
[01:52:09.280 --> 01:52:14.280] Well, that's just an internal policy. That doesn't mean that it's illegal for him to
[01:52:14.280 --> 01:52:21.280] have it there. Usually, according to state law, places that sell alcohol, or if it's
[01:52:21.280 --> 01:52:30.280] posted, such and such, what a felony it is, or whatever, regarding places that people
[01:52:30.280 --> 01:52:36.280] cannot bring a firearm in, which is against state law, but just because he has a firearm
[01:52:36.280 --> 01:52:41.280] there, if it's private property, he doesn't need a license. If it's just against internal
[01:52:41.280 --> 01:52:46.280] policy of the workplace, that's not necessarily illegal.
[01:52:46.280 --> 01:52:54.280] If I have someone show me that they have a weapon, show me that they have bullets for
[01:52:54.280 --> 01:52:59.280] the weapon, and tell me that the only thing that's keeping me from shooting people is
[01:52:59.280 --> 01:53:03.280] my medication, I'm going to take that as a terroristic threat.
[01:53:03.280 --> 01:53:10.280] I would absolutely take that as a terroristic threat and go immediately to the DA. Absolutely.
[01:53:10.280 --> 01:53:17.280] Then the second issue, if the law firm is aware that he has this weapon.
[01:53:17.280 --> 01:53:19.280] They gave it to him.
[01:53:19.280 --> 01:53:27.280] They gave it to him. Is this person in a position of managerial authority or something?
[01:53:27.280 --> 01:53:33.280] He's the manager of the office, the office administrator, I guess.
[01:53:33.280 --> 01:53:36.280] So he's not a private investigator?
[01:53:36.280 --> 01:53:37.280] No.
[01:53:37.280 --> 01:53:45.280] This law firm is setting themselves up for some major litigation.
[01:53:45.280 --> 01:53:46.280] Pretty major.
[01:53:46.280 --> 01:53:50.280] Somebody might need to kick them in the pants, and the prosecuting attorney is probably the
[01:53:50.280 --> 01:53:51.280] right one to do it.
[01:53:51.280 --> 01:53:55.280] How do you know that the law firm actually gave this guy this weapon?
[01:53:55.280 --> 01:53:57.280] He told me.
[01:53:57.280 --> 01:54:01.280] In fact, he's not the only one that has a weapon in that law firm.
[01:54:01.280 --> 01:54:04.280] One of the managing attorneys also has a weapon.
[01:54:04.280 --> 01:54:08.280] Well, like I said, that in and of itself is not necessarily a crime.
[01:54:08.280 --> 01:54:15.280] I think that everybody should be armed to the hill all the time for self-defense purposes.
[01:54:15.280 --> 01:54:20.280] That's neither here nor there.
[01:54:20.280 --> 01:54:25.280] The real issue is the fact that he's threatening people with the weapon.
[01:54:25.280 --> 01:54:27.280] That's a whole different deal.
[01:54:27.280 --> 01:54:36.280] He's actually said that he thought that shooting out of his window, like at people on the street,
[01:54:36.280 --> 01:54:42.280] would be a good idea because the way this building is set up is that we're on the first floor,
[01:54:42.280 --> 01:54:44.280] but you have to walk up some stairs.
[01:54:44.280 --> 01:54:52.280] So literally, our floor in our office looks out over the street, over the sidewalk.
[01:54:52.280 --> 01:54:57.280] So we're like above the sidewalk, and there's actually another floor below us, and their windows are like
[01:54:57.280 --> 01:54:58.280] at street level.
[01:54:58.280 --> 01:55:02.280] So when they look out their windows, they see people walking by on the street.
[01:55:02.280 --> 01:55:03.280] They see their legs.
[01:55:03.280 --> 01:55:04.280] They don't see who it is, really.
[01:55:04.280 --> 01:55:05.280] Well, I'll tell you one thing.
[01:55:05.280 --> 01:55:11.280] I think it's absolutely time to go to the DA over this if the head of the law firm won't do anything about it.
[01:55:11.280 --> 01:55:18.280] And after a situation like that, if it were me, I would not go back into that office at all until this problem
[01:55:18.280 --> 01:55:25.280] is taken care of, or at least if I had to, I'd go in their arms myself, regardless if it was against the policy
[01:55:25.280 --> 01:55:30.280] of the company, because you're risking your own life by going back in that office.
[01:55:30.280 --> 01:55:31.280] I know.
[01:55:31.280 --> 01:55:32.280] That's why I'm calling you.
[01:55:32.280 --> 01:55:39.280] I'm just like totally freaked, and I went to the Texas Workforce Commission.
[01:55:39.280 --> 01:55:42.280] I know somebody who works there, a personal friend.
[01:55:42.280 --> 01:55:44.280] They told me, go to the police.
[01:55:44.280 --> 01:55:47.280] I said, I don't think that's the right thing to do, and I had my reasons.
[01:55:47.280 --> 01:55:53.280] And pretty much basically what you've already told me, why, I said, what are they going to do, you know?
[01:55:53.280 --> 01:55:54.280] I mean...
[01:55:54.280 --> 01:56:02.280] But the prosecutor's probably a good bet, and you need to tell the prosecuting attorney he is articulating
[01:56:02.280 --> 01:56:05.280] homicidal ideation.
[01:56:05.280 --> 01:56:08.280] Articulating homi...
[01:56:08.280 --> 01:56:10.280] Homicidal ideation.
[01:56:10.280 --> 01:56:13.280] He's creating images of homicide in his mind.
[01:56:13.280 --> 01:56:17.280] This is a precursor to murder.
[01:56:17.280 --> 01:56:22.280] From what you told me, it sounds like he's building up to doing something.
[01:56:22.280 --> 01:56:28.280] This is exactly the kind of clue you look for to stop somebody before they do this kind of thing.
[01:56:28.280 --> 01:56:31.280] So everybody says, well, couldn't anybody tell?
[01:56:31.280 --> 01:56:36.280] Generally, in hindsight, everybody sees all the clues in front of them.
[01:56:36.280 --> 01:56:44.280] And a major clue is not just having homicidal ideation, but speaking it.
[01:56:44.280 --> 01:56:49.280] He's probably had this a long time before he actually spoke it out loud.
[01:56:49.280 --> 01:56:54.280] And that's generally an indication that he's getting beyond the simple ideation.
[01:56:54.280 --> 01:57:01.280] He's getting going to the point of fanciful ideation, and the guy could well be getting very dangerous.
[01:57:01.280 --> 01:57:06.280] That's what I thought, because I've been working there for two years, over two years,
[01:57:06.280 --> 01:57:13.280] and, you know, granted, this person makes strange comments from time to time,
[01:57:13.280 --> 01:57:19.280] like, you know, things get stressful, and he'll say things like, you know,
[01:57:19.280 --> 01:57:24.280] I think I should take up drinking again, or maybe I'll start smoking crack,
[01:57:24.280 --> 01:57:27.280] or, you know, weird stuff like that, or shooting heroin.
[01:57:27.280 --> 01:57:33.280] You know, drug-related comments that are like, you know, if you do that, you're only harming yourself.
[01:57:33.280 --> 01:57:38.280] You know, of course you could harm other people if you're under the influence when you come to work.
[01:57:38.280 --> 01:57:43.280] It's pretty strange that the law firm, you know, isn't going to do something about this.
[01:57:43.280 --> 01:57:48.280] Well, we first went to one of the attorneys that works there,
[01:57:48.280 --> 01:57:51.280] who's not one of the managing attorneys, and told him.
[01:57:51.280 --> 01:57:55.280] And he said, ooh, let me think about this over the weekend.
[01:57:55.280 --> 01:58:00.280] And when he came back on Monday, he said, we need to talk to the managing attorney.
[01:58:00.280 --> 01:58:02.280] So we did.
[01:58:02.280 --> 01:58:07.280] The managing attorney said, thanks for telling me.
[01:58:07.280 --> 01:58:12.280] And a week went by, and this person, nothing changed, you know.
[01:58:12.280 --> 01:58:15.280] Okay, he may have something on him that's still there.
[01:58:15.280 --> 01:58:19.280] Yeah, yeah, it's probably some kind of a blackmail situation.
[01:58:19.280 --> 01:58:22.280] All right, well, absolutely, it's time to go to the authorities over this.
[01:58:22.280 --> 01:58:28.280] And like I said, if it were me personally, I would not go back in that office at all until this is resolved
[01:58:28.280 --> 01:58:30.280] because you're taking your own life in your hands.
[01:58:30.280 --> 01:58:35.280] Or if you have to, if it were me, I would go in there armed myself to protect my own life,
[01:58:35.280 --> 01:58:40.280] regardless if that's against the company policy because it's not illegal.
[01:58:40.280 --> 01:58:42.280] All right, and let's, you know.
[01:58:42.280 --> 01:58:45.280] Okay, so I go to the district attorney?
[01:58:45.280 --> 01:58:47.280] Yes, the district attorney, yes.
[01:58:47.280 --> 01:58:48.280] Where is he located?
[01:58:48.280 --> 01:58:50.280] That's a tent at Guadalupe.
[01:58:50.280 --> 01:58:51.280] Okay.
[01:58:51.280 --> 01:58:52.280] New building in the back.
[01:58:52.280 --> 01:58:53.280] Okay, and we got to go.
[01:58:53.280 --> 01:58:54.280] We're out of time.
[01:58:54.280 --> 01:58:56.280] Thank you for calling in, Diane.
[01:58:56.280 --> 01:59:23.280] All right, we will be back tomorrow night with Dr. Bill Graves.
[01:59:26.280 --> 01:59:53.280] Thank you for calling in, Diane.
[01:59:53.280 --> 01:59:58.280] Thank you.