ROL_2010-10-22_16k_Hr1-2.timecode
[00:00.000 --> 00:04.560] This news brief brought to you by the International News Net.
[00:04.560 --> 00:10.800] A convoy of pro-Palestinian activists entered Gaza via Egypt Thursday carrying five million
[00:10.800 --> 00:16.840] dollars worth of aid in 147 vehicles after leaving England a month ago.
[00:16.840 --> 00:21.560] Coordinator Kevin Overden said, quote, we are absolutely overjoyed to be here and to
[00:21.560 --> 00:26.600] bring with us the soil from the graves of those who were massacred on the Marbe Mamara,
[00:26.600 --> 00:32.080] which will be used to plant trees as a memorial to their sacrifice.
[00:32.080 --> 00:37.120] In Pakistan Friday, three people were killed and two dozen injured when a bomb exploded
[00:37.120 --> 00:40.120] in a mosque on the outskirts of Peshawar.
[00:40.120 --> 00:45.120] At least 1,000 people have been killed in terrorist attacks since the Pakistani military
[00:45.120 --> 00:50.120] launched operations along the Afghan border.
[00:50.120 --> 00:54.660] Protests by Tibetan students over plans to make Chinese the main language of instruction
[00:54.660 --> 01:00.340] in Western China schools spread Friday to Beijing, where students at a minority university
[01:00.340 --> 01:02.760] staged a rare public demonstration.
[01:02.760 --> 01:08.520] Earlier this week, 9,000 people protested in Tibetan communities and two Western provinces.
[01:08.520 --> 01:13.000] The use of the Tibetan language is tied to Tibet's struggle for independence.
[01:13.000 --> 01:19.320] U.S.-funded development firms are beginning to shut down massive reconstruction projects
[01:19.320 --> 01:24.000] because the Afghan government has refused to rescind the ban on their use of private
[01:24.000 --> 01:25.000] security guards.
[01:25.000 --> 01:30.600] A U.S. official said, quote, �If these projects grind to a halt, we might as well go home.
[01:30.600 --> 01:33.560] They are essential to the counterinsurgency strategy.�
[01:33.560 --> 01:38.960] Another U.S. official said the ban would affect about $1.5 billion worth of reconstruction
[01:38.960 --> 01:39.960] work.
[01:39.960 --> 01:45.640] More than 20,000 Afghans would lose jobs in road building and energy projects alone.
[01:45.640 --> 01:51.280] The ban, which goes into effect December 17, affects all development firms and non-governmental
[01:51.280 --> 01:57.560] organizations. Diplomats and company representatives contend private security guards are essential
[01:57.560 --> 02:02.640] because of the threat of insurgent attacks and criminal activity, but Afghan officials
[02:02.640 --> 02:08.140] argue private security contractors operate with little accountability and sometimes function
[02:08.140 --> 02:15.120] as private militias that are beyond the control of the country's police force and army.
[02:15.120 --> 02:20.560] The Washington Post reports U.S. influence has so dwindled in Iraq that Iraqi lawmakers
[02:20.560 --> 02:26.600] and political leaders say they no longer follow Washington's advice about forming a new government.
[02:26.600 --> 02:32.280] Instead, Iraqis are turning to neighboring nations, especially Iran, for guidance.
[02:32.280 --> 02:39.680] Shiite lawmaker Sami al-Ashkari, a close ally of Prime Minister Nouri al-Maliki, said Thursday,
[02:39.680 --> 02:44.760] quote, �Iraq politicians are not responding to the U.S. like before. We don't pay attention
[02:44.760 --> 02:50.160] to them, adding the weak American role has given the region's countries a greater sense
[02:50.160 --> 02:52.160] of influence on Iraqi affairs.�
[03:21.160 --> 03:35.080] Bad boys, whatcha gonna do? Bad boys, bad boys. Whatcha gonna do? Whatcha gonna do?
[03:35.080 --> 03:47.120] Whatcha gonna do when they come for you? Bad boys, bad boys. Whatcha gonna do? Whatcha
[03:47.120 --> 04:09.120] If you get hot, then you must get cool.
[04:09.120 --> 04:14.520] Bad boys and bad girls, what are you going to do when we come for you here at the rule
[04:14.520 --> 04:19.120] of law, ruleoflawradio.com.
[04:19.120 --> 04:28.040] Tonight is Friday, October 22, 2010, and we have a very special guest with us, Jim Currier
[04:28.040 --> 04:29.040] from crimevictimsfirst.org.
[04:29.040 --> 04:34.040] I made the announcement last night, but before we go to our guest, I have another couple
[04:34.040 --> 04:35.040] of announcements.
[04:35.040 --> 04:40.520] Just wanted to remind everybody about tomorrow morning, 10 a.m. at the Austin Convention
[04:40.520 --> 04:45.760] Center, the Austin Science and Engineering Festival.
[04:45.760 --> 04:52.640] Austin's very own Dr. Crockett Graby, that's G-R-A, B as in boy, B as in boy E, Crockett
[04:52.640 --> 04:53.640] Graby.
[04:53.640 --> 04:58.480] He's got a Ph.D. in Applied Physics, he used to teach, he was a professor at the Iowa
[04:58.480 --> 04:59.480] State University.
[04:59.480 --> 05:05.280] He now has his own company, Sea Lane Research and Consulting here in Austin, Texas.
[05:05.280 --> 05:12.560] He's giving a lecture from 10 to 11 a.m. tomorrow at the Austin Science and Engineering Festival.
[05:12.560 --> 05:17.720] You can get more information at austinsciencefestival.org.
[05:17.720 --> 05:20.040] He's the first lecturer on the list.
[05:20.040 --> 05:25.400] He's giving a lecture on physics and the collapses at the World Trade Center.
[05:25.400 --> 05:31.240] He's going to be explaining how the World Trade Center buildings collapsed.
[05:31.240 --> 05:37.760] He's going to be showing slides addressing the physics concepts involved and how there's
[05:37.760 --> 05:46.140] no way that the government's story can possibly be true according to all laws of physics known
[05:46.140 --> 05:49.840] to mankind for the last several thousand years.
[05:49.840 --> 05:56.720] He'll also be discussing the evidence of the discovery of the explosives, nanothermite
[05:56.720 --> 06:03.280] found in the dust and in the molten metal under all three buildings, World Trade Center
[06:03.280 --> 06:08.080] 1, 2, and 7, which was never hit by a plane by the way, fell straight down into its own
[06:08.080 --> 06:09.080] footprint.
[06:09.080 --> 06:14.400] He's got evidence on top of evidence, so folks, people, get out there and bring your kids.
[06:14.400 --> 06:20.000] This is like a science fair, it's for children, okay, it's for the kids, so this is a wonderful
[06:20.000 --> 06:24.760] opportunity for the kids to get some truth, to learn some truth, get to his lecture, let's
[06:24.760 --> 06:30.040] show some support for our very own Dr. Crockett Graby at 10 a.m.
[06:30.040 --> 06:35.120] I know it's kind of early, but folks, get out there, and I also wanted to make a correction.
[06:35.120 --> 06:43.400] The other lecture that I was mentioning last night at noon by Dr. Compton Tucker, I misread
[06:43.400 --> 06:52.480] the description, it's not an expose on climate gate, it's an apologist lecture.
[06:52.480 --> 06:59.520] The guy is in with the liars, he's trying to enforce this lie that humans are causing
[06:59.520 --> 07:05.120] global warming, and so folks need to get out there, and I don't know if there's going to
[07:05.120 --> 07:09.360] be time for a Q&A session or not, I think this may just be a straight up presentation,
[07:09.360 --> 07:15.800] but if there's time for questions, folks, maybe we could ask him some questions like,
[07:15.800 --> 07:22.360] why did you guys change the name of global warming to climate change?
[07:22.360 --> 07:28.840] Maybe because the globe is not warming anymore, folks, it stopped warming in the early 90s,
[07:28.840 --> 07:31.240] it's been cooling ever since.
[07:31.240 --> 07:37.400] And here's another question, why did 30,000 scientists from around the world, over 12,000
[07:37.400 --> 07:45.960] of which are PhDs, sign a petition and give it to Ron Paul to send to Congress against
[07:45.960 --> 07:51.400] this petition against the cap and trade bill, cap and tax bill, which is based on the fraud
[07:51.400 --> 07:56.360] that humans are causing global warming, why did 30,000 scientists sign this petition when
[07:56.360 --> 08:02.920] only 3,000 scientists sign a petition saying that global warming or global climate change
[08:02.920 --> 08:06.520] is caused by humans, hmm, that's another good question.
[08:06.520 --> 08:12.200] Maybe we could ask this guy, Dr. Compton Tucker, who funds you, Mr. Tucker, looks like he works
[08:12.200 --> 08:20.440] for NASA, so there's a partial answer to that question, and why do scientists who are coming
[08:20.440 --> 08:26.080] to a different conclusion other than the global warming lie, why do they get scorned and sidelined
[08:26.080 --> 08:32.440] and lose their government grants and things like this, and what about the hide, the decline
[08:32.440 --> 08:39.440] quote from an email from Mr. Phil Jones at East Anglia University, which is the source
[08:39.440 --> 08:45.860] of all this global warming nonsense, so even these global warming liars admit in their
[08:45.860 --> 08:50.000] own emails that they're having to fabricate their own evidence, so what about that, Mr.
[08:50.000 --> 08:57.800] Tucker, so maybe folks, we could hold up signs, you know, if there's no Q&A session, but,
[08:57.800 --> 09:01.920] you know, we need to make a stand on this issue, because there's going to be children
[09:01.920 --> 09:06.760] there, all right, and so we're not in agreement with the lies, and we do need to make a stand
[09:06.760 --> 09:10.680] to stand up for the truth, and people who are speaking the truth, such as Dr. Crockett
[09:10.680 --> 09:17.080] Graby, tomorrow at the Austin Science and Engineering Festival at the Austin Convention
[09:17.080 --> 09:25.240] Center, you can find out more info at AustinScienceFestival.org, the event is free, so that is the announcement,
[09:25.240 --> 09:30.720] also the Brave New Books event, and I'm sure you folks out there in Austin have been hearing
[09:30.720 --> 09:36.960] the PSA that's been running, it's going to be, I believe, at the Spider House over on
[09:36.960 --> 09:42.200] Fruits Street, or behind the Spider House, and that is Sunday night, starts at 6 p.m.,
[09:42.200 --> 09:47.360] Jim Tucker, so you can go to bravenewbookstore.com for more information on that.
[09:47.360 --> 09:52.760] Okay, now that all the announcements are out of the way, we're going to go to our guest,
[09:52.760 --> 10:02.720] Mr. Jim Currier, from CrimeVictimsFirst.org, his associate, Jeff Lofton, called into the
[10:02.720 --> 10:08.960] show a few weeks ago, a couple weeks ago, and wanted to plug his website and talk about
[10:08.960 --> 10:16.280] what these guys do, now apparently, and Jim, you can expound more on what y'all do, y'all
[10:16.280 --> 10:21.800] are concerned with victims' rights, and I looked at your website, and I looked at the
[10:21.800 --> 10:28.080] flowchart, and I saw how one of the first things in the flowchart is for a victim to
[10:28.080 --> 10:33.440] report a crime to law enforcement, and then it shows what happens from there, and what
[10:33.440 --> 10:37.880] can be done from there, and I'm thinking, what are these guys doing, because when you
[10:37.880 --> 10:43.040] report a crime to law enforcement, law enforcement can just blow it off.
[10:43.040 --> 10:48.480] They don't have to, you know, make up a criminal complaint or make sure that it gets prosecuted.
[10:48.480 --> 10:53.480] All the discretion is left up to the police officers to whether or not to pursue the matter,
[10:53.480 --> 10:58.800] and so we've always taught people, file a criminal complaint, because then there's
[10:58.800 --> 11:04.640] no discretion, especially if you're filing a criminal complaint against a public servant.
[11:04.640 --> 11:08.720] You file a criminal complaint against a public servant with a prosecutor, and they are required
[11:08.720 --> 11:12.480] by law to submit it to the grand jury to reduce the complaint to an information and submit
[11:12.480 --> 11:13.480] it to the grand jury.
[11:13.480 --> 11:14.480] They don't have a choice.
[11:14.480 --> 11:17.120] Not even the prosecutor has any discretion.
[11:17.120 --> 11:22.560] Grand jury gets to decide on that matter, and so when I saw this, I was like, guys,
[11:22.560 --> 11:27.360] what are you doing, and then Jim wrote me back and said, well, the reason that we have
[11:27.360 --> 11:33.600] people report the crimes to the police is because the only way that you can invoke these
[11:33.600 --> 11:39.160] victims' rights statutes is if you report the crime to law enforcement, and I was like,
[11:39.160 --> 11:44.000] oh, okay, well, it looks like we may have a meeting of the minds here and some kind
[11:44.000 --> 11:48.480] of a new strategy that we are going to try to come up with together tonight here on Rule
[11:48.480 --> 11:54.920] of Law Radio, where perhaps we could do both, file the criminal complaint and report the
[11:54.920 --> 11:58.200] crime to the police so that we can invoke the victims' rights statutes.
[11:58.200 --> 12:03.880] Now, Jim, in the situations that we deal with, we're mostly dealing with people who are victims
[12:03.880 --> 12:11.880] of crimes that have been committed upon them by public servants, mainly by police, mainly
[12:11.880 --> 12:17.400] in the form of every time someone is arrested and they are brought straight to jail instead
[12:17.400 --> 12:23.920] of straight to a magistrate, that person, that arrested individual is a victim of aggravated
[12:23.920 --> 12:28.560] assault and aggravated kidnapping, according to law.
[12:28.560 --> 12:31.280] When someone is arrested, they have to be brought directly to a magistrate.
[12:31.280 --> 12:35.920] If the police officer brings them anywhere other than the magistrate, the police officer
[12:35.920 --> 12:40.560] is kidnapping that person, aggravated kidnapping at that because there's a gun involved and
[12:40.560 --> 12:49.080] aggravated assault, and so it seems like victims, arrested victims in these situations, certainly
[12:49.080 --> 12:54.200] could be helped by your organization by reporting this crime.
[12:54.200 --> 12:58.320] Since it is a violent crime, you said it has to be a violent crime, so Jim, thank you for
[12:58.320 --> 13:02.800] coming on the show tonight, and why don't you give us some background about yourself?
[13:02.800 --> 13:06.320] How did you get into this, and tell us about your organization and what you do.
[13:06.320 --> 13:09.780] Well, thank you for having me.
[13:09.780 --> 13:14.640] We started about 1999 after I moved down to Texas from New England.
[13:14.640 --> 13:17.360] My family suffered a crime.
[13:17.360 --> 13:22.520] My cousin was a victim of drunk driving and was killed, and at that time, there was no
[13:22.520 --> 13:28.240] victims' rights statutes on the books, and I watched how my family struggled through
[13:28.240 --> 13:35.560] the criminal justice system to get information, to have them participate, to make a victim
[13:35.560 --> 13:42.440] impact statement, to get compensation, a lot of things that other states were providing,
[13:42.440 --> 13:46.720] and so I took a look at that and decided that I wanted to do something about it.
[13:46.720 --> 13:54.040] I moved down to Texas and was a victim assistance coordinator for a juvenile probation department,
[13:54.040 --> 13:59.360] and in that role, and as a social worker, I just came into contact with numerous victims
[13:59.360 --> 14:02.920] of crime that had a variety of complaints.
[14:02.920 --> 14:08.160] Some of them are related to the things you're talking about, what I call process complaints
[14:08.160 --> 14:10.120] or systemic complaints.
[14:10.120 --> 14:15.920] Others were related to specific victims' rights statutes that were on the books, but nobody
[14:15.920 --> 14:22.400] cared about or were paying attention to, and there were a lot of misinformation about that,
[14:22.400 --> 14:28.280] so we decided in 2001 that we wanted to do something about that, and we started researching
[14:28.280 --> 14:29.280] the issue.
[14:29.280 --> 14:32.520] In 2007, we became an...
[14:32.520 --> 14:36.520] Top 2008, we got our tax exemption.
[14:36.520 --> 14:42.020] We launched in 2009 early because of the culture.
[14:42.020 --> 14:46.640] We were becoming more aware of the movement of victims' rights enforcement, and so we
[14:46.640 --> 14:51.080] felt like we really had to stake our claim in Texas, and we were getting a lot of calls
[14:51.080 --> 14:52.080] to do stuff.
[14:52.080 --> 14:53.560] We learned a lot.
[14:53.560 --> 14:56.280] We're planning to relaunch this November 3rd.
[14:56.280 --> 15:02.880] We're very excited to have a new brand, a new logo, an updated website, and we're looking
[15:02.880 --> 15:08.840] forward to continuing to be on the forefront of victims' rights compliance and enforcement.
[15:08.840 --> 15:14.520] Okay, so can you give us an idea of what the victim rights...
[15:14.520 --> 15:16.680] What are victims' rights?
[15:16.680 --> 15:21.160] It's my understanding they're civil rights, which means that they are statutorily granted
[15:21.160 --> 15:24.200] or statutorily enumerated rights.
[15:24.200 --> 15:28.440] What are some examples of some victims' rights?
[15:28.440 --> 15:30.280] There's a couple of different things.
[15:30.280 --> 15:34.440] First of all, there's an over-relaw of that right.
[15:34.440 --> 15:39.360] Wait, can you repeat that, Jim, can you repeat that, your phone cut out there for just a
[15:39.360 --> 15:40.360] second?
[15:40.360 --> 15:41.360] No problem.
[15:41.360 --> 15:49.160] What I was saying was that, excuse me, there's an over-reliance on statutory rights in Texas.
[15:49.160 --> 15:54.080] What happened was because of the poor treatment of crime victims, the government decided to
[15:54.080 --> 16:00.000] come together and create laws that would try to improve the treatment of crime victims.
[16:00.000 --> 16:07.200] Article 56 of the Criminal Code of Procedures is what pertains to victims of crime in Texas.
[16:07.200 --> 16:12.880] What ended up happening though was that victims were still unaware that they had these rights,
[16:12.880 --> 16:18.560] they did not know how to exercise these rights, and in the situations where they tried to
[16:18.560 --> 16:25.040] and were violated, there were no remedies, and so they basically had no justice.
[16:25.040 --> 16:33.520] And so Texas was on the forefront of actually developing constitutional rights to try to
[16:33.520 --> 16:34.520] demonize this.
[16:34.520 --> 16:35.520] All right.
[16:35.520 --> 16:36.520] Listen, we're going to break.
[16:36.520 --> 16:37.520] We'll throw it back to you.
[16:37.520 --> 16:39.520] Yeah, just hold that thought, Jim.
[16:39.520 --> 16:47.840] All right, folks, we are here with our very special guest, Jim Currier from crimevictimsfirst.org.
[16:47.840 --> 16:53.840] We're talking about victims' rights statutes here and how they can be invoked and possibly
[16:53.840 --> 16:57.120] how this approach can be used in conjunction with ours.
[16:57.120 --> 17:02.200] We'll be right back.
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[18:58.640 --> 19:12.160] collectors now.
[19:12.160 --> 19:35.880] I'm always on the lookout for something to soothe my soul.
[19:35.880 --> 19:49.400] So I sit back and I watch the evidence unfold, and I see justice is the goal.
[19:49.400 --> 19:55.120] All right, justice is the goal here on the rule of law, ruleoflawradio.com.
[19:55.120 --> 20:02.040] All right, we are back with our guest Jim Currier from crimevictimsfirst.org.
[20:02.040 --> 20:09.400] Okay, so Jim, please continue, give us some examples of what are some victims' rights?
[20:09.400 --> 20:14.680] What should people be able to expect from if they're a victim of a crime by invoking
[20:14.680 --> 20:15.680] these rights?
[20:15.680 --> 20:20.560] How can these rights be invoked and protected and enforced and all these sorts of things?
[20:20.560 --> 20:23.200] Maybe you could go through that flowchart on your website.
[20:23.200 --> 20:25.240] Just give us an overview of the whole situation.
[20:25.240 --> 20:26.240] Okay, I appreciate that.
[20:26.240 --> 20:31.880] What I was trying to get across is that there's not a lot of awareness about victims' rights.
[20:31.880 --> 20:35.920] We have statutory rights and we have constitutional rights in Texas.
[20:35.920 --> 20:42.200] There's an overemphasis on statutory rights, and within those statutory rights, there's
[20:42.200 --> 20:48.000] no enforcement mechanism, so no one can be held liable for not affording those rights.
[20:48.000 --> 20:52.360] But what people don't understand is that we have constitutional rights that protect victims
[20:52.360 --> 20:56.600] too, and within those rights, there are enforcement mechanisms.
[20:56.600 --> 21:01.720] We may not be able to sue people for financial remedies, but we certainly could file a writ
[21:01.720 --> 21:07.840] of mandamus or something like that to the higher court to look at a decision of a victim's
[21:07.840 --> 21:09.120] rights violation.
[21:09.120 --> 21:13.880] We have standing to do that in Texas, and one of the things we're trying to do is really
[21:13.880 --> 21:18.560] increase awareness that we have constitutional rights and that there are remedies now.
[21:18.560 --> 21:25.240] Some of these rights include the right to participate, the right to victim compensation,
[21:25.240 --> 21:30.980] the right to be heard, like give a victim impact statement, the right to be informed.
[21:30.980 --> 21:37.160] We have a notification system in Texas, so you can be updated on court hearings and offender
[21:37.160 --> 21:38.160] status.
[21:38.160 --> 21:40.080] You have the right to be protected.
[21:40.080 --> 21:45.080] You have the right to restitution, and what we're most concerned about is you have the
[21:45.080 --> 21:51.040] right to enforce these rights, and so we're trying to demystify some of this and get to
[21:51.040 --> 21:56.000] some of the solutions for victims of crime so they don't have to suffer year after year
[21:56.000 --> 21:57.000] after year.
[21:57.000 --> 22:04.400] Okay, excellent, all right, so can you give us an overview of this process?
[22:04.400 --> 22:06.600] How are these rights enforced?
[22:06.600 --> 22:08.600] What does your organization do?
[22:08.600 --> 22:15.920] Well, we are actually proposing the first victim's rights complaint process in Texas.
[22:15.920 --> 22:21.920] It's modeled after the civil rights complaint process in fair housing, so we decided not
[22:21.920 --> 22:23.080] to reinvent the wheel.
[22:23.080 --> 22:29.960] We looked at their model, it was focused on increasing awareness, it was focused on voluntary
[22:29.960 --> 22:35.000] compliance, and it was focused on pension, and we thought that was really a win-win-win
[22:35.000 --> 22:36.000] for everybody.
[22:36.000 --> 22:42.080] If we put people on notice, we request our rights in writing, we report our crime, then
[22:42.080 --> 22:47.960] we should be eligible for the rights that I outlined for you.
[22:47.960 --> 22:53.600] When we put people on notice and they violate these rights, what we've determined in Texas
[22:53.600 --> 22:56.240] was there's absolutely no remedy.
[22:56.240 --> 23:00.800] There's no place you can file a complaint where they'll take any kind of action to help
[23:00.800 --> 23:03.160] you get your rights afforded to you.
[23:03.160 --> 23:07.360] There is an illusion out there that there's no remedies available.
[23:07.360 --> 23:14.520] In fact, there's been very few actual complaints and lawsuits filed on this type of victim's
[23:14.520 --> 23:15.520] rights violation.
[23:15.520 --> 23:18.080] So we're trying to shed light on that.
[23:18.080 --> 23:23.280] We're trying to say that we do need a process for victims to have their voice heard, for
[23:23.280 --> 23:29.000] them to have a remedy, because what we've seen is if these issues go unresolved, they
[23:29.000 --> 23:34.680] continue to suffer emotionally, physically, financially, spiritually, year after year
[23:34.680 --> 23:40.280] after year, because they want a sense of justice, and so we're trying to provide a remedy for
[23:40.280 --> 23:41.280] them.
[23:41.280 --> 23:49.720] All right, so does your group help people file these reports and file other documents
[23:49.720 --> 23:53.800] that are needed to invoke some of these statutes, some of these rights?
[23:53.800 --> 23:57.680] Yes, and that's what we're trying to work on now.
[23:57.680 --> 24:01.880] What we recommend is that we're web-based right now.
[24:01.880 --> 24:08.800] We're volunteer-managed, we're pay-as-we-go, the government doesn't have enforcement of
[24:08.800 --> 24:14.480] victims' rights on the radar yet, it's not on community plans, it's going to be expensive
[24:14.480 --> 24:18.720] to have it on those community plans, because we're going to have to implement some sort
[24:18.720 --> 24:23.640] of accountability program to make sure that victims are afforded the rights.
[24:23.640 --> 24:28.680] So what we suggest folks do is straight what the Constitution says.
[24:28.680 --> 24:34.200] These are not guaranteed automatic rights, some of them are, but if you read them closely,
[24:34.200 --> 24:37.560] there is a lot of verb that says upon request.
[24:37.560 --> 24:42.640] So what we recommend is doing exactly what the civil rights model does.
[24:42.640 --> 24:47.560] We report our crime, whether they do that to law enforcement or they follow your strategy,
[24:47.560 --> 24:52.520] they're still reporting it, so that should make them eligible for these rights.
[24:52.520 --> 24:57.800] They should request them in writing from everybody that they come into contact with throughout
[24:57.800 --> 25:01.200] the criminal justice process to put them on notice.
[25:01.200 --> 25:10.640] And then if those things are violated, they should be documenting this by requesting meetings,
[25:10.640 --> 25:15.440] requesting additional letters to put them on notice to build a case that if we have
[25:15.440 --> 25:23.920] to file a writ of mandamus or a lawsuit against them, we'll have the evidence to do that.
[25:23.920 --> 25:24.920] I love it.
[25:24.920 --> 25:25.920] I really like it.
[25:25.920 --> 25:30.920] So you're saying that perhaps even just by filing the criminal complaint that you are
[25:30.920 --> 25:38.200] reporting the crime, so we may not even need to also file a report with the police in addition
[25:38.200 --> 25:39.200] to that.
[25:39.200 --> 25:44.600] Can you please elaborate on this, the fact that the crime has to be reported, and you
[25:44.600 --> 25:50.040] were saying something in one of your emails about the statistics of crimes being reported
[25:50.040 --> 25:52.960] and not reported, and how does that affect the whole situation?
[25:52.960 --> 25:59.160] Well, it's interesting, you know, your process really opened another strategy line for us.
[25:59.160 --> 26:05.840] I think what we'll have to do is more research to determine whether or not taking your approach
[26:05.840 --> 26:14.720] is sufficient enough for reporting, because if it is, then we might advocate doing it
[26:14.720 --> 26:20.200] your way because it eliminates a whole chain of command where there's a potential for
[26:20.200 --> 26:26.480] victims to fall through the gap or to be treated with a lack of respect and dignity or to have
[26:26.480 --> 26:27.480] their rights violated.
[26:27.480 --> 26:33.320] So if we can streamline the process for them and put the system on notice, we're all for
[26:33.320 --> 26:34.320] that.
[26:34.320 --> 26:35.320] Right.
[26:35.320 --> 26:40.000] Is there, now to your knowledge, is there a legal definition or a lawful definition
[26:40.000 --> 26:42.920] of the word report in these statutes?
[26:42.920 --> 26:48.760] Well, what's very interesting, it's not well defined.
[26:48.760 --> 26:51.760] These statutes are complicated to read.
[26:51.760 --> 26:57.320] You need to be a constitutional lawyer to, you know, get to the bottom of it.
[26:57.320 --> 27:00.520] We've been researching them for 10 years.
[27:00.520 --> 27:02.040] We've talked to many lawyers.
[27:02.040 --> 27:03.040] They're very vague.
[27:03.040 --> 27:07.160] And so what we're asking is that we get some teeth behind them.
[27:07.160 --> 27:10.040] We treat these victims' rights as legal rights.
[27:10.040 --> 27:15.080] We give them a process to be dealt with and respected.
[27:15.080 --> 27:20.600] And if they're violated, some sort of investigation and enforcement program so that we do truly
[27:20.600 --> 27:26.320] hold people accountable and fulfill the promise to victims that we have, you know, put forth
[27:26.320 --> 27:27.320] in the Constitution.
[27:27.320 --> 27:33.680] So we're looking at all of these strategies and we're open to, you know, developing remedies
[27:33.680 --> 27:34.680] together.
[27:34.680 --> 27:35.680] Okay.
[27:35.680 --> 27:38.840] So can you tell us where are these victims' rights statutes located?
[27:38.840 --> 27:41.240] You have some links on your website, correct?
[27:41.240 --> 27:42.240] That's correct.
[27:42.240 --> 27:49.600] The statutory rights are located in the Criminal Code of Procedure in Texas, Chapter 56.
[27:49.600 --> 27:57.680] We also have juvenile victim rights in Chapter 5702 of the Juvenile Code, and we have constitutional
[27:57.680 --> 27:58.680] rights.
[27:58.680 --> 28:03.920] Article 1, Section 30 spells out the Crime Victims' Bill of Rights.
[28:03.920 --> 28:11.880] And what it doesn't do is really define the process or the procedures for getting those
[28:11.880 --> 28:15.600] rights afforded to you or making them meaningful.
[28:15.600 --> 28:20.600] And so as we increase awareness and more and more victims are beginning to request their
[28:20.600 --> 28:25.320] rights in writing and hold the system more accountable for these things, we're going
[28:25.320 --> 28:27.240] to start to see a shift in this.
[28:27.240 --> 28:33.800] And we're hoping that we can provide the first remedy out there to not only educate,
[28:33.800 --> 28:36.960] but to advocate and enforce these rights if they're violated.
[28:36.960 --> 28:41.440] So if victims are out there and they have no idea about the rights, they can go to our
[28:41.440 --> 28:46.200] website and learn about the statutory and constitutional rights, they can get on board
[28:46.200 --> 28:52.640] with us and step up for the rights by requesting them and putting the system on notice, and
[28:52.640 --> 28:58.200] if those rights are violated, they can now file a complaint online with us for the first
[28:58.200 --> 28:59.200] time ever.
[28:59.200 --> 29:04.560] And what we're going to do is take that data and develop a baseline on it, track it, and
[29:04.560 --> 29:08.920] continue to advocate for improving the treatment of victims by changing laws.
[29:08.920 --> 29:09.920] All right.
[29:09.920 --> 29:16.480] Yeah, and folks, if you go to thecrimevictimsfirst.org and go into the site on the welcome page,
[29:16.480 --> 29:21.640] if you click on the button that says learn more now, it's kind of on the right, then
[29:21.640 --> 29:27.960] you scroll down to about the middle of the page and it says, what are my constitutional
[29:27.960 --> 29:28.960] rights in Texas?
[29:28.960 --> 29:32.560] You can click on that link and it shows what the constitutional victims' rights are.
[29:32.560 --> 29:37.680] And then right underneath that link are the statutory rights.
[29:37.680 --> 29:41.880] One link in Spanish and one in English under Chapter 56 of the Code of Criminal Procedure.
[29:41.880 --> 29:42.880] All right.
[29:42.880 --> 29:43.880] Stay there, Jim.
[29:43.880 --> 29:44.880] We've got some more questions.
[29:44.880 --> 29:47.120] We want to talk about this some more on the other side.
[29:47.120 --> 29:48.440] This is the rule of law.
[29:48.440 --> 29:52.040] We're here with Jim Currier from crimevictimsfirst.org.
[29:52.040 --> 29:57.560] We need to start putting these public servants on notice that they are violating our rights.
[29:57.560 --> 30:00.560] We'll be right back.
[30:00.560 --> 30:03.840] Christ fed them multitudes with only one loaf of bread.
[30:03.840 --> 30:06.240] Poor people, there's something for you.
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[30:26.760 --> 30:29.920] to beat One Love Kitchen, Austin, Texas.
[30:29.920 --> 30:34.960] Turnabout is fair play, unless you're videotaping the cops.
[30:34.960 --> 30:39.640] While police can freely film the public, citizens doing the same could wind up in handcuffs.
[30:39.640 --> 30:45.000] I'm Dr. Catherine Albrecht and I'll tell you more about policing the police in just a moment.
[30:45.000 --> 30:50.320] Your search engine is watching you, recording all your searches and creating a massive database
[30:50.320 --> 30:52.080] of your personal information.
[30:52.080 --> 30:53.280] That's creepy.
[30:53.280 --> 30:55.400] But it doesn't have to be that way.
[30:55.400 --> 30:58.520] Startpage.com is the world's most private search engine.
[30:58.520 --> 31:02.640] Startpage doesn't store your IP address, make a record of your searches or use tracking
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[31:14.960 --> 31:18.040] Filming the police could land you in the slammer.
[31:18.040 --> 31:20.560] Case in point, Anthony Gruber.
[31:20.560 --> 31:25.720] Arrested after posting footage of his speeding citation on YouTube, he faced a 16 year prison
[31:25.720 --> 31:27.760] term for wiretapping.
[31:27.760 --> 31:32.160] His footage featured a plain clothed state trooper jumping out of an unmarked car, screaming
[31:32.160 --> 31:35.760] at Gruber and brandishing a gun before identifying himself.
[31:35.760 --> 31:39.120] Gruber spent 26 hours in jail and had his computer seized.
[31:39.120 --> 31:43.400] While his case was later thrown out of Maryland court, videographers in other states could
[31:43.400 --> 31:44.400] be convicted.
[31:44.400 --> 31:48.280] Documenting police practices empowers the people and should be legal.
[31:48.280 --> 31:52.520] I say let the cameras roll, it might just put the civil back in civil servant.
[31:52.520 --> 32:02.840] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:02.840 --> 32:26.280] Yeah, I got a warrant and I'm going to solve them, to the government then, prosecute them.
[32:26.280 --> 32:48.040] Okay folks, we are back.
[32:48.040 --> 32:54.400] Okay, so Jim, I wanted to ask you, I have a few questions here for you.
[32:54.400 --> 33:01.400] Number one, do you know of anything outlined in the Constitution under victim rights or
[33:01.400 --> 33:08.760] under victim rights statutes that requires law enforcement to do anything, I mean is
[33:08.760 --> 33:15.920] there any kind of remedy if law enforcement just says, they just blow off your police
[33:15.920 --> 33:16.920] report basically?
[33:16.920 --> 33:17.920] Right.
[33:17.920 --> 33:24.360] Well, one of the things that's a very big myth out there is that in the statutory rights
[33:24.360 --> 33:30.240] which all of the criminal justice agencies have a tendency to look towards, because in
[33:30.240 --> 33:35.480] the statutory rights it does give a little more detail about what agencies are supposed
[33:35.480 --> 33:42.600] to do what for victims, if they request them and sometimes they're automatic.
[33:42.600 --> 33:48.120] And in the constitutional rights it's not well defined, it's not clear what agencies
[33:48.120 --> 33:51.520] are responsible for what, it's a little more vague.
[33:51.520 --> 34:01.040] But nonetheless, we do have a myth out there between liability and accountability.
[34:01.040 --> 34:06.200] In the statutory code there is a section that says no official can be held liable if they
[34:06.200 --> 34:11.080] don't provide victims rights to victims of crime.
[34:11.080 --> 34:18.680] What that has been internalized to mean is we are bulletproof, we don't have to do anything.
[34:18.680 --> 34:23.160] If we don't provide victims their rights, they can't sue us.
[34:23.160 --> 34:29.400] And so what that has further led people to believe is that you can't hold them accountable
[34:29.400 --> 34:30.400] either.
[34:30.400 --> 34:35.560] And so one of the things we try to point out in our training curriculum is the difference
[34:35.560 --> 34:38.920] between liability and accountability.
[34:38.920 --> 34:45.760] No, you cannot sue the prosecutor if they don't provide you with your victims rights.
[34:45.760 --> 34:49.320] You're not going to be able to get financial money from them.
[34:49.320 --> 34:50.640] That case will be dismissed.
[34:50.640 --> 34:56.760] A case in Houston recently was based on that exact statute.
[34:56.760 --> 35:03.280] But in the constitutional rights victims have the right to enforcement and they have standings
[35:03.280 --> 35:09.480] which means that they can file a complaint, usually a writ of mandamus, maybe another
[35:09.480 --> 35:16.640] form, but what I understand is a writ of mandamus to have a higher court look at that situation
[35:16.640 --> 35:21.400] to determine whether or not there was a victim's rights violation in that lower court.
[35:21.400 --> 35:25.960] There has been a successful case or two like that in Texas.
[35:25.960 --> 35:33.560] The Texas city explosion against BP Petroleum, the victims in that case filed a victim's
[35:33.560 --> 35:39.640] rights complaint stating that they did not adequately get conferred with the prosecutor,
[35:39.640 --> 35:44.640] meaning they didn't really feel the prosecutor was listening to them and taking their thoughts
[35:44.640 --> 35:48.680] and feelings into consideration when they were negotiating a plea agreement.
[35:48.680 --> 35:55.800] So what they did is file the victim's rights violation complaint with a higher court, the
[35:55.800 --> 36:03.480] Texas Supreme Court in Houston, and that court ruled that the prosecutor did in fact violate
[36:03.480 --> 36:07.720] the victim's rights, did not adequately confer with the victim.
[36:07.720 --> 36:13.120] They busted the plea agreement and sent it back and it's now currently being renegotiated.
[36:13.120 --> 36:19.080] That's the proper way to get victim's rights enforcement done, at least one of the proper
[36:19.080 --> 36:21.400] ways to get it done in Texas.
[36:21.400 --> 36:22.400] There's another way.
[36:22.400 --> 36:23.400] Thank you.
[36:23.400 --> 36:29.600] If a public official fails to perform a duty he's required to perform and in the process
[36:29.600 --> 36:34.640] denies a citizen full and free access to or enjoyment of a right.
[36:34.640 --> 36:37.760] That's a violation of 39.03 penal code.
[36:37.760 --> 36:40.720] It's a class A misdemeanor in the state of Texas.
[36:40.720 --> 36:41.720] Nice.
[36:41.720 --> 36:44.720] It's called official oppression.
[36:44.720 --> 36:48.640] It's called official oppression and while they may, like you're pointing out the difference
[36:48.640 --> 36:54.720] Jim between liability and accountability, while they may not be able to be held liable in
[36:54.720 --> 37:00.080] a civil sense, they sure the heck are accountable in a criminal sense.
[37:00.080 --> 37:04.200] They still committed a crime according to what Randy's saying and that means we can
[37:04.200 --> 37:06.720] press criminal charges against them for that.
[37:06.720 --> 37:07.720] I assure you.
[37:07.720 --> 37:14.200] I mean that's absolutely amazing because we do in fact, you know, one thing I know about
[37:14.200 --> 37:19.320] victims who are, you know, feeling like they want a sense of justice for a possible loved
[37:19.320 --> 37:24.640] one is that they are ferocious in their pursuit of justice and when they find out that they
[37:24.640 --> 37:30.320] have these constitutional rights and these statutory rights, they read them like they
[37:30.320 --> 37:34.080] are literal and factual.
[37:34.080 --> 37:39.240] So when you say I have the right to do boom, boom, boom, boom, boom, they are desperately
[37:39.240 --> 37:45.840] hoping you mean it and when you don't mean it and you violate them, it's a form of secondary
[37:45.840 --> 37:47.720] re-victimization.
[37:47.720 --> 37:52.560] You are re-victimizing that person by not affording them their victim's rights.
[37:52.560 --> 37:58.520] I have seen the anger and the grief last year after year after year and we're trying to
[37:58.520 --> 38:01.200] shed light on this and make a difference.
[38:01.200 --> 38:05.840] They need to go after, the victims need to go after the prosecutor or the police or whoever
[38:05.840 --> 38:09.640] is violating their rights and file criminal charges against the police and prosecute for
[38:09.640 --> 38:10.640] it.
[38:10.640 --> 38:11.640] Randy?
[38:11.640 --> 38:15.960] Yes, we can assure you from personal experience, when you start making criminal accusations
[38:15.960 --> 38:23.120] against prosecutors with a grand jury, you get the prosecutor's attention, big time.
[38:23.120 --> 38:29.320] I absolutely believe that and one of the things that we agree upon is like even if you threaten
[38:29.320 --> 38:34.880] and bring a mandamus against a public official, you're going to get their attention and so
[38:34.880 --> 38:38.960] we haven't got to that point yet.
[38:38.960 --> 38:45.000] We don't have enough awareness in Texas that all of this exists.
[38:45.000 --> 38:49.680] There's a general consensus that there's just no remedies out there for these folks and
[38:49.680 --> 38:56.960] we're really kind of tired of hearing that and so we're dedicating ourselves to education,
[38:56.960 --> 39:02.160] increasing awareness about statutory and constitutional rights, working with folks like you to develop
[39:02.160 --> 39:04.200] more remedies.
[39:04.200 --> 39:08.120] We've already developed one tonight, this whole criminal complaint process.
[39:08.120 --> 39:15.160] I'd like to hear more about how they file that and how it automatically goes to the
[39:15.160 --> 39:16.160] grand jury.
[39:16.160 --> 39:17.680] Can you explain that?
[39:17.680 --> 39:20.440] We have raised this to an art form.
[39:20.440 --> 39:22.680] I appreciate that.
[39:22.680 --> 39:30.600] This is what you do, if it's the prosecuting attorney, then generally if we have a complaint
[39:30.600 --> 39:36.320] against an official that's not the prosecutor, we will take a verified criminal affidavit
[39:36.320 --> 39:41.960] out, understand about a criminal complaint.
[39:41.960 --> 39:50.280] The police need the public to assist the police in the prevention of crime by reporting crime.
[39:50.280 --> 39:53.240] As a matter of fact, you have knowledge that a felony has been committed and you don't
[39:53.240 --> 39:57.480] report that knowledge, you can go to prison for that.
[39:57.480 --> 40:03.400] So when you do report crime, you are absolutely protected, you've got the same protection
[40:03.400 --> 40:05.800] they've got.
[40:05.800 --> 40:13.720] And in reporting crime, you do no harm because when you simply report, a magistrate performs
[40:13.720 --> 40:18.120] an examining trial and determines whether or not there's sufficient cause to believe
[40:18.120 --> 40:19.640] a crime has been committed.
[40:19.640 --> 40:24.320] If he finds that there is cause, he issues a warrant.
[40:24.320 --> 40:31.800] Then something happens that may harm someone, but your filing a complaint can do no harm
[40:31.800 --> 40:34.720] and you're absolutely protected.
[40:34.720 --> 40:41.000] So you make up a complaint just like the ones the police use.
[40:41.000 --> 40:49.560] And we have on our website, jurisimprudence.com, you can find a link from ruleoflawradio.com.
[40:49.560 --> 40:55.320] In the blank section, you'll find a blank criminal complaint and in the document section,
[40:55.320 --> 41:00.320] you can find a whole great number of them that we have filled out and filed and it'll
[41:00.320 --> 41:03.720] show you exactly how to make them out.
[41:03.720 --> 41:10.280] You create the criminal complaint, take it to a notary, sign it before a notary, have
[41:10.280 --> 41:11.280] him stamp it.
[41:11.280 --> 41:19.480] And if the original complaint is against the prosecutor, then you put the complaint in
[41:19.480 --> 41:26.160] an envelope along with a verified statement of facts and mail it to the highest judge
[41:26.160 --> 41:33.240] you can find in your district and generally be the district judge.
[41:33.240 --> 41:34.240] And he won't do anything.
[41:34.240 --> 41:38.840] And you put in there a letter, ask him to send this letter back and notify you when
[41:38.840 --> 41:41.080] this will be presented to a grand jury.
[41:41.080 --> 41:45.120] Well, you won't get that letter back.
[41:45.120 --> 41:50.720] Then you go find out when the grand jury's going to meet and that's easy enough.
[41:50.720 --> 41:57.080] You can call down the courthouse and a district judge will have in panel the grand jury.
[41:57.080 --> 41:59.440] If you only have one district judge, it's easy.
[41:59.440 --> 42:03.160] But like in Travis, we've got a bunch of district judges and we've got four or five grand juries.
[42:03.160 --> 42:07.600] So, you can call down and ask which judges have the grand jury this time.
[42:07.600 --> 42:10.680] Thus, they kind of rotate them out.
[42:10.680 --> 42:18.040] And you find a judge that has a grand jury and you call down and ask for his coordinator.
[42:18.040 --> 42:21.600] All these judges have a clerk that keeps their calendar.
[42:21.600 --> 42:27.160] And ask that clerk when the grand jury's next scheduled to meet.
[42:27.160 --> 42:33.040] If they ask you why, and that feed them some song and dance, oh, my kids are doing a paper
[42:33.040 --> 42:37.520] for high school on grand juries, some nonsense like that.
[42:37.520 --> 42:41.080] And generally, I don't have a problem finding out when they're going to meet.
[42:41.080 --> 42:43.480] And you go down to the courthouse and find out where they meet.
[42:43.480 --> 42:48.080] And when they're meeting, you go down to the room they're going to be meeting in and there
[42:48.080 --> 42:52.480] will be this surly looking bailiff standing in front of the door.
[42:52.480 --> 42:55.520] And you tell the bailiff, instruct them, you tell them what your name is first because
[42:55.520 --> 42:58.240] you don't ask any questions.
[42:58.240 --> 43:01.960] I always say, my name is Randall Kelton, instruct the foreman that I have business with the
[43:01.960 --> 43:04.480] grand jury.
[43:04.480 --> 43:08.800] And the bailiff will always say the same thing, almost always, may I tell them the nature
[43:08.800 --> 43:09.800] of the business?
[43:09.800 --> 43:10.800] And you say, yes, you may.
[43:10.800 --> 43:13.840] And you hand him these 12 folders.
[43:13.840 --> 43:19.480] Each one has a complaint and a statement of probable cause in it.
[43:19.480 --> 43:26.680] And what he's going to want to do is go to the district attorney and ask for advice.
[43:26.680 --> 43:29.840] So you'll have these in sealed envelopes.
[43:29.840 --> 43:34.520] And most likely, he'll go get an assistant prosecutor to give you advice.
[43:34.520 --> 43:40.240] And when the prosecutor shows up, you tell him you need to get out of here.
[43:40.240 --> 43:44.640] These criminal accusations I got here involve you, so you need to beat it.
[43:44.640 --> 43:48.240] Or sometimes you can just tell the bailiff, well, you may not want to get the prosecutor
[43:48.240 --> 43:52.160] because these complaints are against him, why don't you just give it to the grand jury?
[43:52.160 --> 43:57.000] Anyway, hang on the line, Jim, we'll be right back and also I'll address some of your questions
[43:57.000 --> 43:58.000] as well on the other side.
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[46:13.920 --> 46:37.040] Okay, folks, we're back.
[46:37.040 --> 46:43.800] We're talking with Jim Currier from crimevictimsfirst.org, and we're having a meeting of minds here
[46:43.800 --> 46:49.320] talking about victims' rights and how we can integrate that with our techniques, how Jim
[46:49.320 --> 46:51.840] can integrate our techniques with his.
[46:51.840 --> 46:55.800] And Jim, before I turn it back over to Randy, I just wanted to answer one of your questions
[46:55.800 --> 46:57.520] and make a clarification.
[46:57.520 --> 47:02.920] You had asked, right before Randy started explaining about filing against a prosecutor,
[47:02.920 --> 47:08.200] you had asked, what is this process concerning where the complaints have to be automatically
[47:08.200 --> 47:10.560] forwarded to the grand jury?
[47:10.560 --> 47:19.200] That applies in situations when you are presenting a criminal complaint against a public servant
[47:19.200 --> 47:20.840] to the prosecutor.
[47:20.840 --> 47:25.960] The complaint has to be against a public servant, and you present it to the prosecutor.
[47:25.960 --> 47:32.320] In that situation, the prosecutor is required to reduce the complaint to an information
[47:32.320 --> 47:34.000] and submit it to the grand jury.
[47:34.000 --> 47:38.920] All right, now, if you've got a criminal complaint against somebody who, you know, wrecked your
[47:38.920 --> 47:45.320] car, and you present that criminal complaint to the prosecutor, no, he's not required to
[47:45.320 --> 47:47.880] submit it to the grand jury, okay?
[47:47.880 --> 47:53.280] But if the complaint is against a public servant, then he has to submit it to the grand jury.
[47:53.280 --> 48:00.480] It's a very good check and balance in our statutory criminal justice system that it's
[48:00.480 --> 48:05.040] put there to prevent the prosecutor from protecting his buddies, okay?
[48:05.040 --> 48:09.280] In other words, the grand jury, it automatically goes to the grand jury if the complaint is
[48:09.280 --> 48:14.360] against a public servant, okay, because that takes the prosecutor out of the way and prohibits
[48:14.360 --> 48:19.760] him from protecting his buddies, but he does anyway because the prosecutor gets in the
[48:19.760 --> 48:21.080] way half the time.
[48:21.080 --> 48:23.440] You can hardly get to the grand jury at all anyway.
[48:23.440 --> 48:30.600] Now, Randy's strategy, his strategy applies in a situation where the complaint is against
[48:30.600 --> 48:31.600] the prosecutor, okay?
[48:31.600 --> 48:34.200] So, does that kind of clear things, Jim?
[48:34.200 --> 48:35.200] Yes, it does.
[48:35.200 --> 48:36.200] I appreciate that.
[48:36.200 --> 48:37.200] Okay.
[48:37.200 --> 48:38.200] All right.
[48:38.200 --> 48:39.200] So, go ahead, Randy.
[48:39.200 --> 48:40.200] Why don't you continue?
[48:40.200 --> 48:41.200] Okay.
[48:41.200 --> 48:42.200] Let me give a little more clarification.
[48:42.200 --> 48:49.080] In the Code of Criminal Procedure, Chapter 2, Duties of Officers, the very first officer
[48:49.080 --> 48:57.000] the legislature addresses as the prosecuting attorney, 2.01, states that it shall be the
[48:57.000 --> 49:02.040] primary duty of the prosecuting attorney not to secure conviction, but to ensure that justice
[49:02.040 --> 49:03.040] is served.
[49:03.040 --> 49:07.200] Well, that's nice high-minded rhetoric, but it really doesn't tell him to do anything
[49:07.200 --> 49:08.800] in particular.
[49:08.800 --> 49:14.120] 2.02 tells him what kinds of cases he'll handle.
[49:14.120 --> 49:19.160] The district attorney handles criminal cases, the county attorney handles felony cases,
[49:19.160 --> 49:23.800] the county attorney handles misdemeanors and suits against the county.
[49:23.800 --> 49:28.760] 2.03 is the first one that gives him a specific duty.
[49:28.760 --> 49:34.480] If a prosecuting attorney is made known in any manner that a public official has violated
[49:34.480 --> 49:38.640] a law relating to his office, he shall reduce complaint and information submitted to the
[49:38.640 --> 49:40.120] grand jury.
[49:40.120 --> 49:44.440] That's a paraphrase slightly because it's really a lot longer and cumbersome than that,
[49:44.440 --> 49:49.340] but that's essentially what it says, that a prosecuting attorney should not be in a position
[49:49.340 --> 49:54.200] to determine whether or not to prosecute somebody he works with.
[49:54.200 --> 49:57.400] And that's to protect the prosecutor and to protect us.
[49:57.400 --> 50:05.400] 2.04 and 2.05 essentially tell him the same thing about complaints against anyone else.
[50:05.400 --> 50:09.440] It tells him he's to reduce the complaint and information.
[50:09.440 --> 50:15.720] If it's a misdemeanor, he's to file it with the county clerk.
[50:15.720 --> 50:19.840] If it's a felony, he's to file it with the district clerk.
[50:19.840 --> 50:24.400] And he's to forward the complaint to some magistrate.
[50:24.400 --> 50:32.800] The courts have allowed the prosecutor a certain amount of prosecutorial discretion in that
[50:32.800 --> 50:38.200] they've allowed the prosecutor to make an initial determination of whether there's sufficient
[50:38.200 --> 50:43.120] cause to prosecute since the prosecutor is the one that has to do the prosecution.
[50:43.120 --> 50:44.120] It sounds reasonable.
[50:44.120 --> 50:47.200] It's problematic, but it sounds reasonable.
[50:47.200 --> 50:49.560] It doesn't sound reasonable to me.
[50:49.560 --> 50:55.040] In the case of a public official, zero discretion.
[50:55.040 --> 51:00.500] So what we do is we use that to set him up.
[51:00.500 --> 51:04.680] You go into the prosecutor, if you have a complaint against another public official
[51:04.680 --> 51:14.000] that was required to protect one of your victim's rights and he failed to do so in violation
[51:14.000 --> 51:19.760] of his sworn oath of office, then you prepare a criminal complaint against that person.
[51:19.760 --> 51:24.840] You take it to the prosecuting attorney and he's going to refuse to act on it.
[51:24.840 --> 51:27.800] At least you hope he does.
[51:27.800 --> 51:33.600] Because if he does, then you get to accuse the prosecuting attorney not of exercising
[51:33.600 --> 51:43.640] prosecutorial discretion, but rather exercising caprice in that he determined what persons
[51:43.640 --> 51:48.360] or crimes he wants to prosecute and which ones he doesn't.
[51:48.360 --> 51:52.560] And that's not an authority anybody's ever granted him.
[51:52.560 --> 51:59.480] And in the process of doing that, he has denied you in your constitutional right in that he
[51:59.480 --> 52:05.280] has outlawed you by denying you the protection of the courts.
[52:05.280 --> 52:07.320] And that's crime.
[52:07.320 --> 52:13.880] So you accuse the prosecuting attorney of obstruction of justice or in this case specifically
[52:13.880 --> 52:17.120] 39.03 penal code.
[52:17.120 --> 52:21.220] Everyone in Texas should have that one memorized.
[52:21.220 --> 52:29.480] It reflects the Ku Klux Klan Act, the federal statute, 18 U.S. Code 242, the public official
[52:29.480 --> 52:34.960] acting on the code of his authority fails to perform a duty he's required to perform or
[52:34.960 --> 52:39.920] exercises or purports to exercise an authority he does not expressly have.
[52:39.920 --> 52:44.920] And in the process, neither citizen, full and free access to or enjoyment of right,
[52:44.920 --> 52:46.400] that is a crime.
[52:46.400 --> 52:50.600] That is what we're talking about, Jim, when it comes to the victim's rights and these
[52:50.600 --> 52:55.560] rogue public servants who are violating victim's rights.
[52:55.560 --> 52:58.400] It's kind of a catch-all.
[52:58.400 --> 53:00.480] That's why everybody should have that one memorized.
[53:00.480 --> 53:02.960] You don't want to do your job, Bubba?
[53:02.960 --> 53:05.920] Your call, then we fight.
[53:05.920 --> 53:09.640] You go to the prosecutor, get him not to take it.
[53:09.640 --> 53:15.400] And then when he refuses to act on it, then you prepare a criminal complaint against him
[53:15.400 --> 53:17.040] and file it with the district judge.
[53:17.040 --> 53:20.440] Well, the district judge is going to refuse to take it.
[53:20.440 --> 53:26.320] I use a little more aggressive approach in that I go bushwhack the judge in his courtroom.
[53:26.320 --> 53:28.360] It always gets him real excited.
[53:28.360 --> 53:34.600] You can do this, however, with just filing a, send it in registered mail.
[53:34.600 --> 53:39.920] Verified criminal complaint, attached, verified, verified, he's notarized.
[53:39.920 --> 53:42.360] Verified affidavit in support.
[53:42.360 --> 53:48.420] When the judge receives it, when he opens the envelope and looks at it, he stops being
[53:48.420 --> 53:50.760] a judge.
[53:50.760 --> 53:56.280] I bushwhack the highest district judge here in Travis County, Bob Perkins.
[53:56.280 --> 54:00.880] I went in, told his bailiff, called his bailiff over and said, tell, my name is Randall Kelton,
[54:00.880 --> 54:02.360] struck the judge, I have business with the court.
[54:02.360 --> 54:04.920] He said, may I tell him the nature of the business?
[54:04.920 --> 54:05.920] Yes, you may.
[54:05.920 --> 54:08.200] I said, no, you, no, you may not.
[54:08.200 --> 54:10.880] I have business with the court and it's none of yours.
[54:10.880 --> 54:11.880] I went and sat down.
[54:11.880 --> 54:13.200] Well, that annoyed him.
[54:13.200 --> 54:16.680] So he went up to the judge and whispered to the judge, the judge whispered back, he looked
[54:16.680 --> 54:21.240] out here at this jerk sitting here in a suit holding up this folder and the judge wants
[54:21.240 --> 54:22.720] to know what's in it.
[54:22.720 --> 54:27.640] Well, he called me up and I said, he said, Mr. Kelton, I understand you have business
[54:27.640 --> 54:28.640] with court.
[54:28.640 --> 54:31.280] Yes, your honor, I do and held up the folder.
[54:31.280 --> 54:32.680] And I said, may I approach?
[54:32.680 --> 54:35.540] That means, can I give you this document?
[54:35.540 --> 54:39.560] They will either send the bailiff to retrieve it or he'll call you up.
[54:39.560 --> 54:43.400] In this case, he called me up, I handed him the folder, he opened it up.
[54:43.400 --> 54:49.280] He's looking at criminal charges against the district attorney.
[54:49.280 --> 54:52.840] He's not a judge anymore at this point.
[54:52.840 --> 54:55.600] He looked at it and then he said, well, Mr. Kelton, these are criminal charges.
[54:55.600 --> 54:56.600] Yes, your honor.
[54:56.600 --> 54:57.600] They are.
[54:57.600 --> 55:01.960] Well, Mr. Kelton, district judges don't take criminal charges, criminal complaints in Travis
[55:01.960 --> 55:02.960] County.
[55:02.960 --> 55:04.520] So that's okay, your honor.
[55:04.520 --> 55:08.400] I'm not here to invoke your duty as a district judge.
[55:08.400 --> 55:14.040] I'm here to invoke your duty as a magistrate and that's a duty from which you may not stilt
[55:14.040 --> 55:16.760] yourself.
[55:16.760 --> 55:20.800] He looked back at me and he knew I was right.
[55:20.800 --> 55:23.600] Nobody does that to him.
[55:23.600 --> 55:29.520] And I guarantee you, you bushwhacked that judge in his courtroom, everybody's going
[55:29.520 --> 55:31.520] to hear about it.
[55:31.520 --> 55:35.000] He's going to be crawling right down that district attorney's throat wanting to know
[55:35.000 --> 55:37.840] why he's being put in this position.
[55:37.840 --> 55:44.040] And then when he refuses to give that to the grand jury, which you hope he does, you hope
[55:44.040 --> 55:49.320] he tells you that you're going to have to take this to justice of the peace or something.
[55:49.320 --> 55:56.160] In that case, you make up a criminal complaint against the judge for official oppression
[55:56.160 --> 55:58.160] and obstruction of justice.
[55:58.160 --> 56:11.360] In Texas, it's 3903 Penal Code, official oppression, 3805, 38.05, shielding from prosecution and
[56:11.360 --> 56:13.080] that's felony.
[56:13.080 --> 56:22.160] And you take those two complaints and bushwhack the bailiff in front of the grand jury.
[56:22.160 --> 56:28.760] And a reason I didn't mention pressuring the bailiff is these guys way on the bottom sometimes
[56:28.760 --> 56:30.880] get ignorant.
[56:30.880 --> 56:36.720] If you let him go get the prosecutor and then you inform the prosecutor that he should not
[56:36.720 --> 56:43.520] be here as these complaints you have include criminal accusations against his office.
[56:43.520 --> 56:48.520] He needs to go away because he's obstructing justice.
[56:48.520 --> 56:52.960] You don't really care if you actually get in front of the grand jury.
[56:52.960 --> 56:58.760] What you're doing is playing Russian roulette with their careers.
[56:58.760 --> 57:02.400] Now they figure if you get that before the grand jury, the grand jury's going to no-bill
[57:02.400 --> 57:03.400] them.
[57:03.400 --> 57:08.360] They figure most, initially they figure you're probably not going to get in front of them
[57:08.360 --> 57:09.360] anyway.
[57:09.360 --> 57:15.240] But if you do, the one problem they have with the grand jury is what my district attorney
[57:15.240 --> 57:19.000] told me in Wise County where I'm from.
[57:19.000 --> 57:24.540] Those darn grand jurors, you never know what they're going to do.
[57:24.540 --> 57:33.640] You will terrify these guys and there is absolutely nothing they can do.
[57:33.640 --> 57:41.840] If anyone says anything to you that you can take as in any way even the least bit threatening
[57:41.840 --> 57:49.400] or intimidating, then you make up criminal charges against the district judge and accuse
[57:49.400 --> 57:56.800] the district judge of sending that person down to retaliate against you.
[57:56.800 --> 58:03.240] And I guarantee you when the district judge hears about that one, he is going to go ballistic
[58:03.240 --> 58:06.920] and no one will ever mess with you again.
[58:06.920 --> 58:09.920] We can get these guys doing what they're supposed to.
[58:09.920 --> 58:13.920] Okay, so Jim, can you hang on with us maybe for like one more segment?
[58:13.920 --> 58:14.920] Okay.
[58:14.920 --> 58:15.920] All right.
[58:15.920 --> 58:17.420] Okay, thanks Jim.
[58:17.420 --> 58:20.680] We appreciate that and we've got some callers on the line as well.
[58:20.680 --> 58:26.880] Okay, folks, when we get back, we're going to talk some more with Jim Currier of crimevictimsfirst.org.
[58:26.880 --> 58:32.920] We're at the top of the hour news break, INM World Report News.
[58:32.920 --> 58:36.520] This is the Rule of Law, ruleoflawradio.com.
[58:36.520 --> 58:37.520] We'll be right back.
[58:37.520 --> 59:00.280] Jim Stevens here with Randy Kelton and Eddie Craig.
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[59:58.960 --> 01:00:04.480] This news brief brought to you by the International News Net.
[01:00:04.480 --> 01:00:10.640] At least 60 people have been killed and 120,000 displaced after weeks of devastating floods
[01:00:10.640 --> 01:00:15.000] caused by torrential rains in the West African country of Benin.
[01:00:15.000 --> 01:00:19.720] UNICEF says the floods have destroyed homes, schools and health centers and have affected
[01:00:19.720 --> 01:00:24.480] more than 350,000 people.
[01:00:24.480 --> 01:00:30.280] A US satellite has detected increased activity at a North Korean nuclear weapons test site
[01:00:30.280 --> 01:00:33.440] suggesting it could be preparing for a third test.
[01:00:33.440 --> 01:00:38.160] North Korea says it wants to rejoin international nuclear disarmament talks after a two-year
[01:00:38.160 --> 01:00:44.200] boycott which analysts said indicated it was suffering under harsh UN sanctions imposed
[01:00:44.200 --> 01:00:46.920] in response to its second nuclear test.
[01:00:46.920 --> 01:00:52.000] Experts worry the North's leader-in-waiting Kim Jong Un might try to carry out an act
[01:00:52.000 --> 01:00:55.760] of brinkmanship.
[01:00:55.760 --> 01:01:01.040] Activists plan to march on Fox News headquarters in New York Saturday protesting the cable
[01:01:01.040 --> 01:01:05.720] network's inflammatory language that has been linked to the sharp rise in hate crimes
[01:01:05.720 --> 01:01:08.320] against Muslims, gays and immigrants.
[01:01:08.320 --> 01:01:13.360] Fox personalities including Bill O'Reilly and Glenn Beck have consistently demonized
[01:01:13.360 --> 01:01:19.120] minorities who, critics say, are among society's most vulnerable.
[01:01:19.120 --> 01:01:25.000] The SATAs, Mexico's most violent drug cartel, have a fearsome reputation, but the real surprise
[01:01:25.000 --> 01:01:29.240] comes not in their ruthless use of violence, but in where they learn the tricks of their
[01:01:29.240 --> 01:01:30.240] bloody trade.
[01:01:30.240 --> 01:01:35.120] Some of the cartel's initial members were elite Mexican troops trained in the early
[01:01:35.120 --> 01:01:41.120] 1990s by America's 7th Special Forces Group at Fort Bragg, North Carolina.
[01:01:41.120 --> 01:01:45.200] Kristin Bricker, a research associate with the North American Congress on Latin America,
[01:01:45.200 --> 01:01:50.600] said the SATAs definitely have the reputation of being the most dangerous, the most vicious,
[01:01:50.600 --> 01:01:52.920] the most renegade of the cartels.
[01:01:52.920 --> 01:01:58.800] About 29,000 people have died since Felipe Calderon, Mexico's president, declared war
[01:01:58.800 --> 01:02:01.400] on the cartels in 2006.
[01:02:01.400 --> 01:02:06.220] The group has mounted the severed heads of its victims on pikes, posted torture and execution
[01:02:06.220 --> 01:02:11.680] videos on the internet, forced poor migrants into prostitution and massacred college students
[01:02:11.680 --> 01:02:14.520] during house parties.
[01:02:14.520 --> 01:02:19.480] The website CorpWatch reports a growing number of chain store corporations that cater to
[01:02:19.480 --> 01:02:24.840] America's poor are classifying workers as managers to avoid paying them overtime.
[01:02:24.840 --> 01:02:29.900] By categorizing employees as managers, dollar stores are exempt from paying overtime under
[01:02:29.900 --> 01:02:32.140] the Fair Labor Standards Act.
[01:02:32.140 --> 01:02:37.340] The US's two largest dollar store chains, Family Dollar and Dollar General, sell goods
[01:02:37.340 --> 01:02:42.440] imported from sweatshops in countries such as China and Mexico, the long hours required
[01:02:42.440 --> 01:02:49.000] of managers, who unload trucks, process freight, scour toilets, run cash registers, clean and
[01:02:49.000 --> 01:02:54.000] do inventory, result in some employees barely earning the minimum wage.
[01:02:54.000 --> 01:03:02.000] For more details on these stories, visit www.inmworldreport.net.
[01:03:02.000 --> 01:03:09.000] You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:09.000 --> 01:03:14.000] and talk radio at its best.
[01:03:14.000 --> 01:03:33.480] Okay, folks, we are back, and we are joined by Jeff Lofton now.
[01:03:33.480 --> 01:03:37.000] And before we go to Jeff, we're going to go back to Jim.
[01:03:37.000 --> 01:03:44.680] So, Jim, so give us your take on what Randy has said so far, and how you could integrate
[01:03:44.680 --> 01:03:46.440] our techniques into your flowchart.
[01:03:46.440 --> 01:03:54.320] Well, as a victim's rights advocate, I was tickled pink to hear him go off on that rant,
[01:03:54.320 --> 01:03:59.000] because what it does is it highlights that there are remedies available for victims.
[01:03:59.000 --> 01:04:03.880] There are criminal complaint remedies, and there are potentially victim's rights violation
[01:04:03.880 --> 01:04:04.880] complaint remedies.
[01:04:04.880 --> 01:04:10.800] And what we need to do is boilerplate this down so that the average Texan knows what
[01:04:10.800 --> 01:04:16.760] it means, and that they can get involved and know that they can do something to make a
[01:04:16.760 --> 01:04:17.760] difference on this.
[01:04:17.760 --> 01:04:23.080] So, he focused a lot on the mandatory kind of things that we're addressing in the later
[01:04:23.080 --> 01:04:24.080] part of our model.
[01:04:24.080 --> 01:04:32.160] Like I said, what we try to do is prevention and voluntary compliance, so we give folks
[01:04:32.160 --> 01:04:36.840] ample opportunity to change course and do the right thing.
[01:04:36.840 --> 01:04:39.080] Yeah, I heard something about it.
[01:04:39.080 --> 01:04:43.040] I heard something about you were saying you were like a Cheshire cat, and you were laughing
[01:04:43.040 --> 01:04:44.040] so hard.
[01:04:44.040 --> 01:04:45.040] I was laughing hysterically.
[01:04:45.040 --> 01:04:51.080] I had to put the mic on mute, because I was just licking my chops as a victim advocate,
[01:04:51.080 --> 01:04:57.160] thinking, man, if we could present this to a victim of crime, and they knew that we could
[01:04:57.160 --> 01:05:03.160] go after them this way, if we did the thing the right way, it's just very exciting to
[01:05:03.160 --> 01:05:07.960] know that people are out there exploring ideas like this, and that we actually can do something
[01:05:07.960 --> 01:05:08.960] about it.
[01:05:08.960 --> 01:05:13.360] Well, see, what I was thinking, Jim, is about the, I'm sorry, just one second, Randy, and
[01:05:13.360 --> 01:05:14.360] I'll go back to you.
[01:05:14.360 --> 01:05:20.120] I was thinking about on the flowchart, like at the top, where you've got the step one,
[01:05:20.120 --> 01:05:26.320] you report the crime to law enforcement, it could be a V, where you report the crime to
[01:05:26.320 --> 01:05:31.120] law enforcement, and then you go through that whole flowchart alternative, or you could
[01:05:31.120 --> 01:05:32.160] do both.
[01:05:32.160 --> 01:05:33.160] You file the criminal complaint.
[01:05:33.160 --> 01:05:39.080] Now, this would be filing a criminal complaint against the perp that harmed the victim, right?
[01:05:39.080 --> 01:05:45.000] And so then later on, on your fishbone side of the flowchart, when the victim starts to
[01:05:45.000 --> 01:05:50.200] run into friction from law enforcement or the prosecutor or whoever is violating their
[01:05:50.200 --> 01:05:51.940] rights, well, then you have a little arrow.
[01:05:51.940 --> 01:05:58.400] Go back up to the top, go to here, and file a criminal complaint against this public servant
[01:05:58.400 --> 01:06:00.680] who's violating your rights, you know?
[01:06:00.680 --> 01:06:06.000] That's absolutely correct, and the beauty of this is that, you know, by starting the
[01:06:06.000 --> 01:06:09.880] crime victims first, we're making victims' rights an issue.
[01:06:09.880 --> 01:06:12.160] We are increasing awareness.
[01:06:12.160 --> 01:06:17.040] We've connected with you folks, and we've already developed two possible new strategies
[01:06:17.040 --> 01:06:24.280] that could help move the victims' rights enforcement movement a little further here in Texas, and
[01:06:24.280 --> 01:06:27.400] so now victims are going to have a choice.
[01:06:27.400 --> 01:06:34.400] They can take a more preventative and voluntary approach, or for some, and when I say some,
[01:06:34.400 --> 01:06:42.120] I'm talking angry, bitter, you know, dissatisfied victims who want something done.
[01:06:42.120 --> 01:06:45.800] They can get right into that mandatory side they want to.
[01:06:45.800 --> 01:06:48.040] These are just the people I'm looking for.
[01:06:48.040 --> 01:06:53.400] Well, we've got so many that you're going to have to get 10 radio shows.
[01:06:53.400 --> 01:07:00.600] Well, see, and also the other thing, too, concerning our approach, you know, like if
[01:07:00.600 --> 01:07:05.120] somebody, when they get arrested and they're taken directly to jail instead of taken directly
[01:07:05.120 --> 01:07:10.920] to the magistrate, okay, they can start off with Randy's approach, say, for example, file
[01:07:10.920 --> 01:07:15.880] these criminal complaints, and when they start running into friction, start taking notice
[01:07:15.880 --> 01:07:24.040] and sending these letters and notifications from your techniques, I'm putting you on notice
[01:07:24.040 --> 01:07:29.740] that you need to respect my victims' rights here so then we can, the two branches can
[01:07:29.740 --> 01:07:35.440] intermingle and crisscross back and forth at multiple stages of the game.
[01:07:35.440 --> 01:07:39.000] I think it works like a successful marriage.
[01:07:39.000 --> 01:07:45.560] My wife's out there, I love you, sweetie, but the bottom line is, you know, without coming
[01:07:45.560 --> 01:07:54.000] together, not raising this as an issue, the dialogue gets squashed, and so, you know,
[01:07:54.000 --> 01:08:00.320] we have victims who come to us and they think that the prosecutor actually works for them,
[01:08:00.320 --> 01:08:06.720] and then go it alone and trust that person until they realize they're not working for
[01:08:06.720 --> 01:08:07.960] me, they're working for the state.
[01:08:07.960 --> 01:08:13.600] I have nothing here, I've got to go back and get help, and then this person's got to come
[01:08:13.600 --> 01:08:19.880] in and dot the i's and cross the t's to make sure that I can resurrect this case.
[01:08:19.880 --> 01:08:27.880] What I'm going to suggest to you is if you can find a few victims who are really PO'd
[01:08:27.880 --> 01:08:34.440] and get them to run down there and kick that prosecutor right square in his legal behind,
[01:08:34.440 --> 01:08:39.800] it won't take but one or two, and you will have their attention, and these problems will
[01:08:39.800 --> 01:08:40.800] cease.
[01:08:40.800 --> 01:08:47.000] They will absolutely cease, but what I'm trying to say is that nobody is aware, there's
[01:08:47.000 --> 01:08:52.680] been three studies done in Texas kind of surveying victims about their awareness of this stuff,
[01:08:52.680 --> 01:08:54.600] and it's really disappointing.
[01:08:54.600 --> 01:09:02.560] It's also very disappointing to know that the victim advocates themselves rarely know
[01:09:02.560 --> 01:09:03.560] what is going on.
[01:09:03.560 --> 01:09:09.520] When we launched last year, we thought we were going to talk enforcement and people
[01:09:09.520 --> 01:09:13.920] were going to be high-fiving us because they got it.
[01:09:13.920 --> 01:09:18.040] What we learned was we've got to start right back at the starting line.
[01:09:18.040 --> 01:09:23.280] People don't even know they have constitutional rights for victims of crime, so we've got
[01:09:23.280 --> 01:09:28.520] to increase awareness about that before we can start to talk about enforcement.
[01:09:28.520 --> 01:09:34.360] It's kind of regrettable, but in some ways, it has maximized our opportunity because we
[01:09:34.360 --> 01:09:40.040] get to network with folks like you, and then the message we put forth is going to be stronger
[01:09:40.040 --> 01:09:41.040] and clearer.
[01:09:41.040 --> 01:09:46.120] We'll simplify it together, and we'll work this out, and we will develop remedies for
[01:09:46.120 --> 01:09:47.120] victims.
[01:09:47.120 --> 01:09:58.400] Yes, and for us, for me, I'm intrigued because in a criminal issue, when someone's rights
[01:09:58.400 --> 01:10:03.560] are trampled on, it's hard to get them to go after the public officials because their
[01:10:03.560 --> 01:10:05.280] liberty is at risk.
[01:10:05.280 --> 01:10:11.760] Here you have people whose liberty is not at risk, and they will be willing to go in
[01:10:11.760 --> 01:10:17.680] there and act like the sovereigns that we want people to act like.
[01:10:17.680 --> 01:10:22.800] I totally agree, and that message sometimes gets convoluted because I've been in cases
[01:10:22.800 --> 01:10:28.120] where the victim wants me to really push and advocate for them, but then they give me a
[01:10:28.120 --> 01:10:34.720] word of caution, like, don't piss off the prosecutor too much because he may not prosecute
[01:10:34.720 --> 01:10:35.720] my case.
[01:10:35.720 --> 01:10:42.080] There's some sort of miscommunication and misunderstanding that goes on, and what we're
[01:10:42.080 --> 01:10:45.040] trying to do is just demystify all of that.
[01:10:45.040 --> 01:10:50.960] We need to put in common language that victims have rights, they have remedies now.
[01:10:50.960 --> 01:10:56.040] There's no such thing as we can't enforce victims' rights in Texas.
[01:10:56.040 --> 01:10:59.040] We're going to work with you to develop this model further.
[01:10:59.040 --> 01:11:03.040] We're going to continue to educate Texas, and we're going to continue to hold our public
[01:11:03.040 --> 01:11:05.720] officials accountable.
[01:11:05.720 --> 01:11:09.000] I love it.
[01:11:09.000 --> 01:11:15.560] If we get just two or three people go down there and hammer them, if you do this in Travis
[01:11:15.560 --> 01:11:29.080] County, Dallas County, Tarrant, Wise, Wichita, Randall, Harris, they're going to say, Jeff
[01:11:29.080 --> 01:11:34.600] Keltens is behind this, especially Travis County.
[01:11:34.600 --> 01:11:35.600] I absolutely agree.
[01:11:35.600 --> 01:11:43.440] Like I said, when you take on an unpopular issue and reveal some of these myths that
[01:11:43.440 --> 01:11:48.720] exist out there, people get a little leery, and what we try to do is develop it into a
[01:11:48.720 --> 01:11:49.720] win-win-win model.
[01:11:49.720 --> 01:11:54.320] It's going to be a little painful at first to take these complaints.
[01:11:54.320 --> 01:11:57.760] People are going to maybe be a little sensitive about it.
[01:11:57.760 --> 01:12:02.320] Like I said, a lot of the advocates and these mandated officials don't even know what they're
[01:12:02.320 --> 01:12:03.320] supposed to do.
[01:12:03.320 --> 01:12:10.840] What we're saying is, look, anecdotally speaking, we know that these violations happen for three
[01:12:10.840 --> 01:12:11.840] reasons.
[01:12:11.840 --> 01:12:13.560] One, some people say it's a lack of funding.
[01:12:13.560 --> 01:12:17.960] These are unfunded mandates, so we don't have enough resources to do it.
[01:12:17.960 --> 01:12:19.320] Well, that's okay.
[01:12:19.320 --> 01:12:22.800] We'll collect the data, and we'll tell people about that.
[01:12:22.800 --> 01:12:25.760] We'll get you the funding to be in compliance.
[01:12:25.760 --> 01:12:29.240] The other part of this is going to be a lack of training.
[01:12:29.240 --> 01:12:36.120] The recent St. David's rape case that was on the news this week in Austin, that was
[01:12:36.120 --> 01:12:38.880] a victim's rights violation.
[01:12:38.880 --> 01:12:45.360] She could have done more about that, but nobody helped her on it.
[01:12:45.360 --> 01:12:51.800] Yeah, well, I can tell you another reason, probably one of the biggest reasons why victims'
[01:12:51.800 --> 01:13:00.360] rights are not respected is because the prosecutor, the only thing they care about is squeezing
[01:13:00.360 --> 01:13:03.200] the perp for a deal.
[01:13:03.200 --> 01:13:09.000] I'll tell you, one of the biggest victims here, a lot of the times, is the accused,
[01:13:09.000 --> 01:13:15.520] because the accused, there's not even a criminal complaint filed against the accused until
[01:13:15.520 --> 01:13:19.920] after the prosecutor squeezes them for a deal, and that is totally illegal.
[01:13:19.920 --> 01:13:23.360] That's in total violation of all due process laws.
[01:13:23.360 --> 01:13:28.000] What ends up happening is, say, the victim of a crime, a robbery or something.
[01:13:28.000 --> 01:13:32.520] They go and they report it to the police, and the police reports it to the prosecutor,
[01:13:32.520 --> 01:13:36.360] and then they look at the evidence, and they determine, okay, there's enough evidence to
[01:13:36.360 --> 01:13:37.740] prosecute this guy.
[01:13:37.740 --> 01:13:40.040] They start squeezing him for a deal, okay?
[01:13:40.040 --> 01:13:41.040] Yeah.
[01:13:41.040 --> 01:13:46.680] Well, there's never been a criminal complaint filed, and so after the prosecutor squeezes
[01:13:46.680 --> 01:13:52.960] him for a deal, then they get the victim to sign something, and they end up filing a criminal
[01:13:52.960 --> 01:13:53.960] complaint.
[01:13:53.960 --> 01:13:58.320] Well, that's totally illegal according to the Code of Criminal Procedure here in Texas,
[01:13:58.320 --> 01:14:02.100] and so the only thing the prosecutor cares about is getting that deal.
[01:14:02.100 --> 01:14:05.200] They don't care about the victim, they don't care about the accused, they don't care about
[01:14:05.200 --> 01:14:10.960] anything else other than getting that deal and turning the wheels of the revenue system
[01:14:10.960 --> 01:14:17.440] here, and so the victims, they are even further victimized, and the accused is victimized
[01:14:17.440 --> 01:14:18.440] over it as well.
[01:14:18.440 --> 01:14:20.440] There's no due process, there's no nothing.
[01:14:20.440 --> 01:14:23.960] I totally agree, and that brings up the point I was trying to make here, is just sometimes
[01:14:23.960 --> 01:14:29.160] there's a lack of training around this, and then in the St. David's case, they denied
[01:14:29.160 --> 01:14:33.600] her the rape kit because they thought that a victim actually had to report their crime
[01:14:33.600 --> 01:14:39.040] before they could give her one, and the law had changed like three years ago, and they
[01:14:39.040 --> 01:14:43.720] just didn't have any training on the issue, and so some folks are going to come back to
[01:14:43.720 --> 01:14:45.840] us and say, we just weren't aware.
[01:14:45.840 --> 01:14:50.640] We're okay with people who don't have funding and don't have awareness because we can fix
[01:14:50.640 --> 01:14:55.880] those things, but the third reason that victims' rights are violated is because of a lack of
[01:14:55.880 --> 01:14:56.880] accountability.
[01:14:56.880 --> 01:15:04.280] There are those people out there, those officials, and maybe a few that don't care about victims.
[01:15:04.280 --> 01:15:07.440] They use them to prosecute them and win their cases.
[01:15:07.440 --> 01:15:09.440] They look at them as evidence.
[01:15:09.440 --> 01:15:14.240] They don't look at them as human beings, and that's wrong, and so we have these rights
[01:15:14.240 --> 01:15:19.720] to protect them, and those are the folks we really want to move on or find other careers.
[01:15:19.720 --> 01:15:26.240] We can deal with the training issue and the funding issue, but we can't deal with patterns
[01:15:26.240 --> 01:15:33.040] and patterns of problems from specific individuals, but we don't know, so what we've done is put
[01:15:33.040 --> 01:15:37.720] this complaint process out there so we can start to track who's who.
[01:15:37.720 --> 01:15:44.720] Do we have officials out there that are repeatedly violating victims' rights, and if so, let's
[01:15:44.720 --> 01:15:46.480] move them on.
[01:15:46.480 --> 01:15:50.160] Let me speak in their defense just for a second.
[01:15:50.160 --> 01:15:56.080] You've got this prosecutor who deals with victims every day.
[01:15:56.080 --> 01:16:04.280] He can't allow himself to get too emotionally involved or the job will make him nuts, so
[01:16:04.280 --> 01:16:09.920] it's a natural defense mechanism, and it's important that we understand that, so in order
[01:16:09.920 --> 01:16:18.920] to get him to respond positively to the victims, we have to motivate him.
[01:16:18.920 --> 01:16:23.960] It's like the mule my dad sold, and it was a great mule, treat him kind, he'll work great
[01:16:23.960 --> 01:16:24.960] for you.
[01:16:24.960 --> 01:16:28.080] My dad buys it, the first day you can't get him to do anything, daddy comes over, picks
[01:16:28.080 --> 01:16:32.400] up a two or four, whacks him upside the head, the mule took off, he said, I thought you
[01:16:32.400 --> 01:16:36.320] said to treat him nice, I said, oh yeah, I'm just getting his attention.
[01:16:36.320 --> 01:16:41.480] You start going after these guys criminally, you give them a motivation to do the right
[01:16:41.480 --> 01:16:43.920] thing, even if it's difficult.
[01:16:43.920 --> 01:16:48.680] Yeah, and in the process, be giving them notice the whole time, like what Jim was saying,
[01:16:48.680 --> 01:16:52.120] that you're violating the victims' rights, send them letters, send them notification,
[01:16:52.120 --> 01:16:55.120] put them on notice, prepare your lawsuit.
[01:16:55.120 --> 01:16:57.720] Yeah, I'd like to talk a little more about that after the break.
[01:16:57.720 --> 01:17:01.760] Okay, we'll be right back.
[01:17:01.760 --> 01:17:05.560] Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[01:17:05.560 --> 01:17:07.500] supplies in the Austin metro area.
[01:17:07.500 --> 01:17:09.240] We also ship worldwide.
[01:17:09.240 --> 01:17:12.880] We are a family owned and operated business that offers competitive prices on your coin
[01:17:12.880 --> 01:17:13.880] and metal purchases.
[01:17:13.880 --> 01:17:19.200] We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[01:17:19.200 --> 01:17:20.200] metals, and scrap gold.
[01:17:20.200 --> 01:17:22.640] We purchase and sell gold and jewelry items.
[01:17:22.640 --> 01:17:25.200] We offer daily specials on coins and bullion.
[01:17:25.200 --> 01:17:30.320] We are located at 5448 Burnett Road, Suite 3, at the corner of Burnett and Shulmark.
[01:17:30.320 --> 01:17:34.400] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:17:34.400 --> 01:17:40.840] You are welcome to stop in our shop during regular business hours or call 512-646-644-0
[01:17:40.840 --> 01:17:41.840] with any questions.
[01:17:41.840 --> 01:17:46.560] Ask for Chad and say you heard about us on Google Law Radio or Texas Liberty Radio.
[01:17:46.560 --> 01:17:50.320] That's Capital Coin and Bullion, at the corner of Burnett and Shulmark, and we're open Mondays
[01:17:50.320 --> 01:17:53.720] and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:17:53.720 --> 01:17:56.720] That's Capital Coin and Bullion, 512-646-644-0.
[01:17:56.720 --> 01:18:05.280] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so
[01:18:05.280 --> 01:18:08.920] easy, and neither is finding like-minded people to share it with.
[01:18:08.920 --> 01:18:11.920] Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:11.920 --> 01:18:12.920] Brave New Books?
[01:18:12.920 --> 01:18:17.720] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[01:18:17.720 --> 01:18:20.280] Jones, Ron Paul, and G. Edward Griffin.
[01:18:20.280 --> 01:18:23.680] They even stock inner food, Berkey products, and Calvin Soaps.
[01:18:23.680 --> 01:18:26.600] There's no way a place like that exists.
[01:18:26.600 --> 01:18:28.080] Go check it out for yourself.
[01:18:28.080 --> 01:18:32.440] It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.440 --> 01:18:35.760] By UT, there's never anywhere to park down there.
[01:18:35.760 --> 01:18:41.040] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:18:41.040 --> 01:18:43.240] facility, just behind the bookstore.
[01:18:43.240 --> 01:18:47.000] It does exist, but when are they open?
[01:18:47.000 --> 01:18:51.800] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:18:51.800 --> 01:18:58.480] So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:18:58.480 --> 01:19:27.440] Okay, folks.
[01:19:27.440 --> 01:19:28.440] We are back.
[01:19:28.440 --> 01:19:33.760] We're speaking with Jim Currier and Jeff Lofton, who we haven't brought into the conversation
[01:19:33.760 --> 01:19:34.760] quite yet.
[01:19:34.760 --> 01:19:35.760] Just hang on, Jeff.
[01:19:35.760 --> 01:19:38.760] We'll be right with you.
[01:19:38.760 --> 01:19:44.880] One thing, Jim, you're about to go into is concerning just exactly your specific process
[01:19:44.880 --> 01:19:51.600] and how you notify these people, how you put these people on notice about victims' rights
[01:19:51.600 --> 01:19:53.080] and things like this.
[01:19:53.080 --> 01:19:59.440] One thing I wanted to mention concerning the statute that says that these public serpents
[01:19:59.440 --> 01:20:06.360] ... I call them public serpents... shall not be held liable for violating these things.
[01:20:06.360 --> 01:20:14.520] Well, like Mike Mears says concerning the Mike Mears method, which has to do with civil
[01:20:14.520 --> 01:20:22.960] rights statutes regarding consumer protection laws, where you can only claim $1,000 one
[01:20:22.960 --> 01:20:30.840] $1,000 violation regarding the Fair Debt Collections Practices Act, but you can list as many violations
[01:20:30.840 --> 01:20:38.000] as you want, but you can only file for $1,000 even though it's allegedly $1,000 per violation.
[01:20:38.000 --> 01:20:41.200] The maximum you can claim is $1,000 in the suit.
[01:20:41.200 --> 01:20:46.840] Mike Mears says, well, so what if that's what the statute says?
[01:20:46.840 --> 01:20:49.680] We'll let the jury decide.
[01:20:49.680 --> 01:20:54.440] And so I'm taking a similar approach here regarding these victim rights statutes.
[01:20:54.440 --> 01:20:58.240] Even if it says they shall not be liable, we'll let the jury decide.
[01:20:58.240 --> 01:20:59.240] Right, Jim?
[01:20:59.240 --> 01:21:00.240] Yeah.
[01:21:00.240 --> 01:21:01.240] I totally agree with that.
[01:21:01.240 --> 01:21:05.520] And it gets back to the fact that... Just let me clarify.
[01:21:05.520 --> 01:21:10.440] 30 years ago, victims did not have a voice at all.
[01:21:10.440 --> 01:21:14.440] They were simply witnesses or evidence.
[01:21:14.440 --> 01:21:17.280] We've come a long way over the last 30 years.
[01:21:17.280 --> 01:21:21.760] I'm just talking about fulfilling the promises we've made over the last 30 years.
[01:21:21.760 --> 01:21:26.600] Why do we put all of these rights on paper if we're not actually going to put them into
[01:21:26.600 --> 01:21:27.800] practice?
[01:21:27.800 --> 01:21:31.960] And one of the concerns about putting them into practice, like I said, was there's not
[01:21:31.960 --> 01:21:36.320] enough awareness, there's not enough training, there's not enough funding.
[01:21:36.320 --> 01:21:40.960] So we need to think of a better way to get the folks the resources they need and the
[01:21:40.960 --> 01:21:43.360] training they need to get the job done.
[01:21:43.360 --> 01:21:47.640] And we also need to change the way we think about servicing victims.
[01:21:47.640 --> 01:21:53.680] If the victim doesn't report their crime or file a criminal complaint and they don't
[01:21:53.680 --> 01:21:59.240] request their rights in writing, well, they should be less of a priority than a victim
[01:21:59.240 --> 01:22:01.120] who does all of those things.
[01:22:01.120 --> 01:22:07.200] So when you're facing a financial crisis, service those who are stepping up for their
[01:22:07.200 --> 01:22:08.200] rights.
[01:22:08.200 --> 01:22:12.520] So Jim, speaking of stepping up for the rights, give us a little more detail about what some
[01:22:12.520 --> 01:22:16.800] of your methods are regarding, you know, putting these public serpents on notice.
[01:22:16.800 --> 01:22:19.200] What exactly do people need to do?
[01:22:19.200 --> 01:22:23.160] Because I'm looking into integrating your techniques with our techniques as well.
[01:22:23.160 --> 01:22:28.400] Well, we're going to have a, like I said, we're going through a big redesign right now.
[01:22:28.400 --> 01:22:34.960] So November 3rd at our Jazz Happy Hour, we're going to have a relaunch and we're going to
[01:22:34.960 --> 01:22:35.960] have our new website.
[01:22:35.960 --> 01:22:42.080] We're going to have all of this information available in a simple, user-friendly way.
[01:22:42.080 --> 01:22:47.360] And some of the things we have on our website are template letters, like you have a template
[01:22:47.360 --> 01:22:49.080] criminal complaint form.
[01:22:49.080 --> 01:22:52.320] We'll probably want to integrate that onto our website.
[01:22:52.320 --> 01:22:54.600] We'll want to link to you.
[01:22:54.600 --> 01:22:56.040] But that's what we have available.
[01:22:56.040 --> 01:22:59.840] We have resources where folks have the template letters ready to go.
[01:22:59.840 --> 01:23:01.880] They can request their rights in writing.
[01:23:01.880 --> 01:23:03.520] They can request a meeting.
[01:23:03.520 --> 01:23:05.520] They can request a follow-up.
[01:23:05.520 --> 01:23:09.960] We have a final demand letter, and that's really the pivotal point.
[01:23:09.960 --> 01:23:12.160] Is that kind of like a tort letter?
[01:23:12.160 --> 01:23:17.920] It's sort of like, you know, we've done everything we are supposed to do based on what the Constitution
[01:23:17.920 --> 01:23:18.920] tells us to do.
[01:23:18.920 --> 01:23:25.000] And if you don't respond this time, we're going to go ahead and call the rule of law
[01:23:25.000 --> 01:23:29.920] and rule of law radio and we're going to stick those guys on you.
[01:23:29.920 --> 01:23:32.120] That's what I'm going to do.
[01:23:32.120 --> 01:23:37.160] I'm going to take the whole bottom part of my flowchart out, and I'm going to say, if
[01:23:37.160 --> 01:23:41.920] you don't comply voluntarily here, I'm going to take those guys on you.
[01:23:41.920 --> 01:23:43.920] Oh, goodness.
[01:23:43.920 --> 01:23:47.840] Jeff, do you have any comments?
[01:23:47.840 --> 01:23:49.240] This is Jeff Lofton, folks.
[01:23:49.240 --> 01:23:52.360] He's also part of the crimevictimsfirst.org.
[01:23:52.360 --> 01:24:00.720] Just that this is exactly the type of meeting I was hoping for when I first heard about
[01:24:00.720 --> 01:24:03.720] the CB-1 and the mission.
[01:24:03.720 --> 01:24:09.520] You know, and I've been listening to your shows since before you had the rule of law
[01:24:09.520 --> 01:24:10.520] network.
[01:24:10.520 --> 01:24:17.200] And I just knew it was right up your alley and that it would benefit, you know, ultimately
[01:24:17.200 --> 01:24:19.160] benefit the people of Texas.
[01:24:19.160 --> 01:24:25.720] And one of the things I love about Jeff is each year during National Crime Victims'
[01:24:25.720 --> 01:24:31.440] Rights Week, which happens in April, so we have a built-in week of increasing awareness
[01:24:31.440 --> 01:24:37.160] that we took it seriously, and one of the things we're doing is an annual Jam for Justice
[01:24:37.160 --> 01:24:38.160] concert.
[01:24:38.160 --> 01:24:44.440] And we use it to get the message out, to teach people about the rights, and also to celebrate
[01:24:44.440 --> 01:24:47.440] the progress that we're making, because it is tough work.
[01:24:47.440 --> 01:24:53.160] People work hard to service victims of crime, and sometimes, you know, things just don't
[01:24:53.160 --> 01:24:54.160] go right.
[01:24:54.160 --> 01:24:56.080] And we're going to try to work with them on that.
[01:24:56.080 --> 01:25:01.800] So Jeff opened up our first Jam for Justice last year, and we struck it off.
[01:25:01.800 --> 01:25:05.280] His jazz trumpeting is just ridiculous.
[01:25:05.280 --> 01:25:10.720] And I saw him at some buffet, and I was just like, that guy's opening up our Jam for Justice
[01:25:10.720 --> 01:25:11.720] event.
[01:25:11.720 --> 01:25:12.720] There's no doubt about it.
[01:25:12.720 --> 01:25:19.120] And then we talked and came up with this concept of music and a mission, where he wanted to
[01:25:19.120 --> 01:25:24.520] expand the influence of jazz, and I wanted to introduce people to our nonprofit, and
[01:25:24.520 --> 01:25:28.320] that's what we've been doing ever since.
[01:25:28.320 --> 01:25:29.320] That's awesome, guys.
[01:25:29.320 --> 01:25:30.320] And we're musicians, too.
[01:25:30.320 --> 01:25:32.080] I'm in a band.
[01:25:32.080 --> 01:25:37.280] My husband and I have a band, actually two bands, Three Shoes Posse and Route One.
[01:25:37.280 --> 01:25:39.680] Route One is his longtime reggae band.
[01:25:39.680 --> 01:25:41.960] He's had that band for over 15 years.
[01:25:41.960 --> 01:25:47.280] He founded that band, and he and I founded another reggae band, Three Shoes Posse, together.
[01:25:47.280 --> 01:25:54.080] We've written songs about the federal, chanting down the Federal Reserve, exposing 9-11 truth,
[01:25:54.080 --> 01:26:00.320] the fiat currency monetary system, Oklahoma City bombing, you name it.
[01:26:00.320 --> 01:26:03.520] My favorite, Ten Second Freefall.
[01:26:03.520 --> 01:26:04.520] Ten Second Freefall.
[01:26:04.520 --> 01:26:08.680] That's on the collapse of the World Trade Center, and we named our band Three Shoes
[01:26:08.680 --> 01:26:09.680] Posse.
[01:26:09.680 --> 01:26:14.960] It's a Caribbean colloquialism, patois is the language they speak in Caribbean, and
[01:26:14.960 --> 01:26:19.960] it's a Caribbean colloquialism that means, you give the bad guys three shoes, two on
[01:26:19.960 --> 01:26:25.160] their feet, and one you-know-where.
[01:26:25.160 --> 01:26:31.240] That's going to have to be a quote we use somewhere.
[01:26:31.240 --> 01:26:33.800] Deb and Jerry could come down there and play roster jazz.
[01:26:33.800 --> 01:26:36.520] Well, that's what we could do.
[01:26:36.520 --> 01:26:42.480] Let me get you guys on the agenda here, and you can come on our Jam for Justice venue.
[01:26:42.480 --> 01:26:48.760] What Jeff and I are trying to do is use the entire week of National Crime Victims' Rights
[01:26:48.760 --> 01:26:51.840] Week and do basically a tour of Texas.
[01:26:51.840 --> 01:26:55.100] We do six cities, the major cities.
[01:26:55.100 --> 01:27:00.560] We offer them our free Jam for Justice, which is kind of like a, I hate to refer it to ACL,
[01:27:00.560 --> 01:27:02.560] but it's kind of a mini ACL.
[01:27:02.560 --> 01:27:07.680] It's one afternoon of, this year for example, Jeff's going to open up with a jazz set.
[01:27:07.680 --> 01:27:11.600] We've got Calut James, who's a singer-songwriter, going to open up.
[01:27:11.600 --> 01:27:15.920] We've got Hector Ward in the Big Time, which is a blues, latin funk band, and then we've
[01:27:15.920 --> 01:27:19.800] got Bill Rice, who's a country artist, who's going to finish it off for us.
[01:27:19.800 --> 01:27:23.600] It's like a little day-long jamboree.
[01:27:23.600 --> 01:27:24.600] We celebrate.
[01:27:24.600 --> 01:27:29.240] We appreciate the community for accepting what we're trying to do.
[01:27:29.240 --> 01:27:33.240] We increase awareness, and we have some fun.
[01:27:33.240 --> 01:27:36.480] That sounds great.
[01:27:36.480 --> 01:27:39.120] That sounds awesome.
[01:27:39.120 --> 01:27:44.800] What I like about intermingling these two methods, especially getting people from victims
[01:27:44.800 --> 01:27:50.840] that come to you involved, is because like what Randy was saying earlier, in our situations,
[01:27:50.840 --> 01:27:55.840] a lot of times we're dealing with people who are accused of a crime.
[01:27:55.840 --> 01:28:00.160] They actually become victims because their rights have been violated, their due process
[01:28:00.160 --> 01:28:03.840] rights have been violated, but because their liberty is at stake, because they have criminal
[01:28:03.840 --> 01:28:09.720] charges pending, a lot of times they're hesitant to be assertive, so to speak.
[01:28:09.720 --> 01:28:10.720] I totally agree.
[01:28:10.720 --> 01:28:17.800] But with the people that you guys deal with, they're just straight-up indignant victims.
[01:28:17.800 --> 01:28:19.800] They've got nothing to lose.
[01:28:19.800 --> 01:28:25.120] They don't have anything to lose, and also part of our training is trying to broaden
[01:28:25.120 --> 01:28:30.200] that definition of victims, because as you know, we have some of the most violent prisons
[01:28:30.200 --> 01:28:34.640] in the... We have the most violent prison system in the country.
[01:28:34.640 --> 01:28:40.040] We are number one in the number of rapes on offender on offender, so some of the questions
[01:28:40.040 --> 01:28:47.040] I pose to these victim advocates who only see victims as narrowly defined by that constitution,
[01:28:47.040 --> 01:28:54.160] you know, of limited, few violent crimes, what about a non-violent offender who gets
[01:28:54.160 --> 01:28:57.360] raped by a violent offender in prison?
[01:28:57.360 --> 01:28:58.840] Are they a victim of crime?
[01:28:58.840 --> 01:28:59.840] I would say so.
[01:28:59.840 --> 01:29:00.840] Me too.
[01:29:00.840 --> 01:29:01.840] Of course.
[01:29:01.840 --> 01:29:02.840] I would say so too.
[01:29:02.840 --> 01:29:08.760] And so what we are doing at CB1 is trying to get people to think more out of the box
[01:29:08.760 --> 01:29:15.560] to expand their definition, to broaden their horizons, not restrict it, not convoluted
[01:29:15.560 --> 01:29:21.760] in legislative legal jargon that nobody suffering from post-traumatic stress disorder is going
[01:29:21.760 --> 01:29:22.760] to understand.
[01:29:22.760 --> 01:29:29.320] And let's make it simple and automatic and easy for people to take advantage of these
[01:29:29.320 --> 01:29:30.320] things.
[01:29:30.320 --> 01:29:31.320] Exactly.
[01:29:31.320 --> 01:29:32.320] All right.
[01:29:32.320 --> 01:29:36.920] Well, listen, you guys want to hang on and maybe give us some closing comments on the
[01:29:36.920 --> 01:29:39.040] other side of this, Frank?
[01:29:39.040 --> 01:29:40.040] Okay.
[01:29:40.040 --> 01:29:41.040] All right.
[01:29:41.040 --> 01:29:42.040] Sounds good.
[01:29:42.040 --> 01:29:43.040] And we'll see if Randy and Eddie have any more comments.
[01:29:43.040 --> 01:29:45.040] Maybe we'll keep you all on for like one more segment.
[01:29:45.040 --> 01:29:46.040] All right.
[01:29:46.040 --> 01:29:47.040] We'll be right back.
[01:29:47.040 --> 01:29:54.320] We've got Jim Currier and Jeff Lofton from crimevictimsfirst.org, a meeting of the minds
[01:29:54.320 --> 01:29:57.480] here on Rule of Law Radio, ruleoflawradio.com.
[01:29:57.480 --> 01:29:58.480] We'll be right back.
[01:29:58.480 --> 01:30:03.640] Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.640 --> 01:30:05.520] Number nine, the Extra Lake.
[01:30:05.520 --> 01:30:09.560] Former Oklahoma State Medical Examiner, Dr. Fred Jordan, had stated, we had eight people
[01:30:09.560 --> 01:30:12.840] with amputated left legs and nine left legs to account for.
[01:30:12.840 --> 01:30:17.440] Chief Pathologist for Northern Ireland, T.K. Marshall, who performed over 2,500 autopsies
[01:30:17.440 --> 01:30:20.520] in his time, stated, there has never been an unknown victim.
[01:30:20.520 --> 01:30:24.720] This leg belonged to a perpetrator close enough to the bomb for his body to be damaged, leaving
[01:30:24.720 --> 01:30:26.400] only a left leg behind.
[01:30:26.400 --> 01:30:27.400] Who was this person?
[01:30:27.400 --> 01:30:28.400] Please go to okcbombingtruth.com.
[01:30:28.400 --> 01:30:34.800] Could an ID microchip cause cancer?
[01:30:34.800 --> 01:30:38.680] For a growing number of pets, the answer tragically is yes.
[01:30:38.680 --> 01:30:42.720] Chip-related tumors have prompted a lawsuit against Home Again and calls to stop mandatory
[01:30:42.720 --> 01:30:43.720] pet chipping laws.
[01:30:43.720 --> 01:30:47.800] I'm Dr. Catherine Albrecht, and I'll be right back with the story.
[01:30:47.800 --> 01:30:49.400] Privacy is under attack.
[01:30:49.400 --> 01:30:53.000] When you give up data about yourself, you'll never get it back again.
[01:30:53.000 --> 01:30:57.760] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:57.760 --> 01:31:02.760] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:02.760 --> 01:31:05.560] Privacy, it's worth hanging on to.
[01:31:05.560 --> 01:31:09.840] This public service announcement is brought to you by Startpage.com, the private search
[01:31:09.840 --> 01:31:13.360] engine alternative to Google, Yahoo, and Bing.
[01:31:13.360 --> 01:31:16.840] Start over with Startpage.
[01:31:16.840 --> 01:31:20.600] Andrea Rutherford thought she was doing the right thing by having a Home Again microchip
[01:31:20.600 --> 01:31:25.480] implanted in her cat, Balkan, but things changed when she found a lump growing around the chip.
[01:31:25.480 --> 01:31:29.680] The lump turned out to be fibrosarcoma, a dangerous form of cancer.
[01:31:29.680 --> 01:31:33.840] Fortunately, Balkan survived after surgery, chemotherapy, and radiation.
[01:31:33.840 --> 01:31:38.000] Now his owner is suing Home Again's parent company, Merck, for expenses and wants to
[01:31:38.000 --> 01:31:39.680] alert others to the problem.
[01:31:39.680 --> 01:31:43.840] If your pet has a microchip, check the implant site regularly for lumps.
[01:31:43.840 --> 01:31:48.120] Have anything suspicious examined by your vet, and if your pet is chip-free, keep it
[01:31:48.120 --> 01:31:49.120] that way.
[01:31:49.120 --> 01:31:51.480] A collar and a tag never gave anyone cancer.
[01:31:51.480 --> 01:31:53.640] I'm Dr. Catherine Albrecht.
[01:31:53.640 --> 01:32:13.600] More news and information at CatherineAlbrecht.com.
[01:32:24.640 --> 01:32:46.600] The wicked come with temptations They're trying to buy the whole place
[01:32:46.600 --> 01:32:59.480] I will not drink from that cup I just can't act out a way
[01:32:59.480 --> 01:33:09.480] They got this problem they're dreaming of And I won't be the slave come what may
[01:33:09.480 --> 01:33:17.480] Cause I'm all you can count on You got to save yourself from the almighty one
[01:33:17.480 --> 01:33:19.480] You won't tell anyone else Okay, folks, we are back.
[01:33:19.480 --> 01:33:22.480] We're going to go to your calls in just a moment.
[01:33:22.480 --> 01:33:24.480] We seem to have lost Jim.
[01:33:24.480 --> 01:33:28.480] I have a feeling maybe his cell phone dropped off or something.
[01:33:28.480 --> 01:33:31.480] His cell phone battery's been on with us for quite a while.
[01:33:31.480 --> 01:33:32.480] Maybe he'll call back.
[01:33:32.480 --> 01:33:34.480] We are just about to wrap it up anyway.
[01:33:34.480 --> 01:33:37.480] Jeff, do you have some comments for us?
[01:33:37.480 --> 01:33:48.480] Yeah, just that the Crime Victims First Jazz Happy Hour is every Wednesday.
[01:33:48.480 --> 01:33:51.480] It's at Speakeasy's downtown Austin.
[01:33:51.480 --> 01:33:55.480] It's right off 4th Street in Congress.
[01:33:55.480 --> 01:34:00.480] And it's normally 5 to 7 p.m.
[01:34:00.480 --> 01:34:03.480] You can come down and learn more about the organization.
[01:34:03.480 --> 01:34:07.480] You can catch some great music with myself and my quartet.
[01:34:07.480 --> 01:34:14.480] And anybody out there, anybody can be a victim of crime.
[01:34:14.480 --> 01:34:18.480] It doesn't take any special skills or anything.
[01:34:18.480 --> 01:34:20.480] Or you can know someone who's a victim of crime.
[01:34:20.480 --> 01:34:22.480] Have a family member or a friend.
[01:34:22.480 --> 01:34:26.480] So this is an issue that truly does affect everyone out there.
[01:34:26.480 --> 01:34:27.480] Absolutely.
[01:34:27.480 --> 01:34:30.480] And like we were telling you guys in the emails,
[01:34:30.480 --> 01:34:35.480] people who get pulled over for traffic tickets are victims of crimes.
[01:34:35.480 --> 01:34:36.480] People who are arrested,
[01:34:36.480 --> 01:34:40.480] every time someone's arrested in the state of Texas they're a victim of a crime.
[01:34:40.480 --> 01:34:42.480] They're a victim of aggravated assault and aggravated kidnapping.
[01:34:42.480 --> 01:34:44.480] I mean, it just goes on and on and on.
[01:34:44.480 --> 01:34:47.480] So yeah, this is definitely a matter that affects all of us.
[01:34:47.480 --> 01:34:49.480] We do have Jim back on the line.
[01:34:49.480 --> 01:34:50.480] Jim, thanks for calling back in.
[01:34:50.480 --> 01:34:54.480] So Jim, you have some closing comments for us?
[01:34:54.480 --> 01:34:59.480] Well, yes, I think that we're taking the first step in a long journey here.
[01:34:59.480 --> 01:35:06.480] I think connecting with you folks has given us a chance to maybe expedite some of this a little quicker.
[01:35:06.480 --> 01:35:08.480] Timing couldn't be better.
[01:35:08.480 --> 01:35:13.480] I think we're on the verge of making victims' rights meaningful in Texas.
[01:35:13.480 --> 01:35:18.480] We've always been a leader here in some of the things we do in terms of victim services.
[01:35:18.480 --> 01:35:23.480] So, you know, we need to continue to fulfill the promise.
[01:35:23.480 --> 01:35:26.480] And we need to treat victims' rights as legal rights.
[01:35:26.480 --> 01:35:28.480] We need to enforce them.
[01:35:28.480 --> 01:35:30.480] We need to help folks accountable.
[01:35:30.480 --> 01:35:38.480] We also need to make sure that providers have the resources and the training that they need to do the job.
[01:35:38.480 --> 01:35:42.480] So we're hoping that this is going to be a win-win-win situation for everybody.
[01:35:42.480 --> 01:35:50.480] We're going to take it slow and, you know, keep the chains of communication open.
[01:35:50.480 --> 01:35:52.480] That sounds great.
[01:35:52.480 --> 01:35:54.480] Eddie, do you have any comments on these issues?
[01:35:54.480 --> 01:35:57.480] You've been kind of quiet so far tonight.
[01:35:57.480 --> 01:36:04.480] No, just hopefully the methods that we've come up with will be some assistance to these folks
[01:36:04.480 --> 01:36:06.480] and make sure that those rights can be enforced.
[01:36:06.480 --> 01:36:07.480] Absolutely.
[01:36:07.480 --> 01:36:11.480] All right, Randy, closing comments for Jim and Jeff?
[01:36:11.480 --> 01:36:17.480] I am looking forward to some really irate people going down there
[01:36:17.480 --> 01:36:22.480] and climbing down the district clerk, district attorney's throat.
[01:36:22.480 --> 01:36:24.480] You have no idea, Jeff.
[01:36:24.480 --> 01:36:26.480] I mean, you guys have no idea.
[01:36:26.480 --> 01:36:32.480] I have an image of a person in my mind right now, and I'm going to unleash her on you,
[01:36:32.480 --> 01:36:36.480] and it is going to be on.
[01:36:36.480 --> 01:36:37.480] That's awesome.
[01:36:37.480 --> 01:36:39.480] Can I mention our website?
[01:36:39.480 --> 01:36:43.480] If we manage to get that audience with the legislature that we've been demanding,
[01:36:43.480 --> 01:36:48.480] these guys can round up as many people as they can to attend that
[01:36:48.480 --> 01:36:50.480] and help us to get these people put on notice.
[01:36:50.480 --> 01:36:52.480] We want some things fixed.
[01:36:52.480 --> 01:36:57.480] We will definitely collaborate with you, and so we'll talk more later.
[01:36:57.480 --> 01:37:05.480] We want to remind everybody to go ahead and visit crimevictimsfirst.org and jeffloffton.com.
[01:37:05.480 --> 01:37:06.480] Thanks.
[01:37:06.480 --> 01:37:07.480] Absolutely.
[01:37:07.480 --> 01:37:10.480] All right, Jim, Jeff, thanks for joining us tonight.
[01:37:10.480 --> 01:37:13.480] We will be in touch for sure, and you've got our number.
[01:37:13.480 --> 01:37:14.480] Have a great night.
[01:37:14.480 --> 01:37:15.480] Thanks so much.
[01:37:15.480 --> 01:37:16.480] Love you, Jeff.
[01:37:16.480 --> 01:37:17.480] All right, y'all.
[01:37:17.480 --> 01:37:18.480] Have a good night.
[01:37:18.480 --> 01:37:19.480] Bye-bye.
[01:37:19.480 --> 01:37:20.480] Okay.
[01:37:20.480 --> 01:37:21.480] There they go.
[01:37:21.480 --> 01:37:27.480] That was Jeff Lofton and Jim Currier from crimevictimsfirst.org
[01:37:27.480 --> 01:37:30.480] and jeffloffton.org, L-O-F-T-O-N.
[01:37:30.480 --> 01:37:34.480] Okay, so we have some callers on the board.
[01:37:34.480 --> 01:37:39.480] Eddie, Randy, did y'all want to say anything before we go to the calls?
[01:37:39.480 --> 01:37:43.480] No, we just had a couple drop off for your folks to call back in.
[01:37:43.480 --> 01:37:46.480] Yeah, we had Dave and Julio drop off the line.
[01:37:46.480 --> 01:37:50.480] We've got Roy and Justin right now, so let's go to Roy.
[01:37:50.480 --> 01:37:53.480] He called in first.
[01:37:53.480 --> 01:37:54.480] Roy, thank you for calling in.
[01:37:54.480 --> 01:37:56.480] What is on your mind tonight?
[01:37:56.480 --> 01:37:59.480] Yeah, I have a comment and then I have a question.
[01:37:59.480 --> 01:38:05.480] I paid the $200 for the CD, and I have the traffic code book and everything.
[01:38:05.480 --> 01:38:07.480] I was coming back from Dallas yesterday,
[01:38:07.480 --> 01:38:11.480] and the book sits on my dashboard where it's easily accessible to anyone
[01:38:11.480 --> 01:38:12.480] that's looking at my car.
[01:38:12.480 --> 01:38:17.480] I got pulled over by the highway patrol for 75 over 70.
[01:38:17.480 --> 01:38:22.480] He asked me for my license, and from a little thing I heard from you guys,
[01:38:22.480 --> 01:38:25.480] I told him I wasn't using it right now.
[01:38:25.480 --> 01:38:28.480] He looked at me again, and I gave him my license,
[01:38:28.480 --> 01:38:32.480] and we started discussing whether he had the right to write me a ticket,
[01:38:32.480 --> 01:38:36.480] and he explained to me how I should follow all the laws on the highway.
[01:38:36.480 --> 01:38:38.480] I said, well, no, not according to this book.
[01:38:38.480 --> 01:38:40.480] He goes, I don't know what that book is, and I showed it to him.
[01:38:40.480 --> 01:38:42.480] I said, it's a transportation code.
[01:38:42.480 --> 01:38:44.480] You should be very familiar with it.
[01:38:44.480 --> 01:38:47.480] He handed it all back and forth, and I said, with all due respect,
[01:38:47.480 --> 01:38:48.480] we're sitting on the side of the road.
[01:38:48.480 --> 01:38:49.480] It's not safe.
[01:38:49.480 --> 01:38:52.480] If you're going to write me a ticket, go ahead and run back there and write me a ticket.
[01:38:52.480 --> 01:38:54.480] I'll take it up with the courts.
[01:38:54.480 --> 01:38:55.480] He went back to his car.
[01:38:55.480 --> 01:38:56.480] He was there three minutes.
[01:38:56.480 --> 01:38:59.480] He came back, gave me my license and a warning and said, have a good day.
[01:38:59.480 --> 01:39:01.480] Go on your way.
[01:39:01.480 --> 01:39:03.480] That is awesome.
[01:39:03.480 --> 01:39:04.480] Great.
[01:39:04.480 --> 01:39:06.480] That book will not leave my dashboard.
[01:39:06.480 --> 01:39:08.480] That is great, Roy.
[01:39:08.480 --> 01:39:09.480] Excellent.
[01:39:09.480 --> 01:39:13.480] Did you get into how the transportation code only applies to people engaged in commerce?
[01:39:13.480 --> 01:39:14.480] Yes, I did.
[01:39:14.480 --> 01:39:15.480] I sure did.
[01:39:15.480 --> 01:39:23.480] And see, that is just more proof that shows that these police and these state troopers,
[01:39:23.480 --> 01:39:29.480] they know, they know, they know that the transportation code only applies if you're engaged in commerce.
[01:39:29.480 --> 01:39:34.480] By any chance did you get to ask him about what his authority is under the administrative code
[01:39:34.480 --> 01:39:37.480] for having the Department of Public Safety officer?
[01:39:37.480 --> 01:39:42.480] He gave me the warning, and I left it at peace like that.
[01:39:42.480 --> 01:39:46.480] I didn't want to push him any further, and I wasn't rude to him, and he wasn't rude to me.
[01:39:46.480 --> 01:39:49.480] I was very polite, told him a couple times I respect him in this position,
[01:39:49.480 --> 01:39:54.480] but you don't have the authority to write me this ticket.
[01:39:54.480 --> 01:40:02.480] Now, my question is, I have three outstanding warrants in Austin, Texas from 2004.
[01:40:02.480 --> 01:40:04.480] I've been in Florida for the last six years.
[01:40:04.480 --> 01:40:07.480] I just came back, and I'm trying to get my CDL.
[01:40:07.480 --> 01:40:11.480] One ticket is for no proof of insurance, which I had insurance at the time.
[01:40:11.480 --> 01:40:18.480] The other one is for speeding, and the other one was having my license plate not displayed properly,
[01:40:18.480 --> 01:40:24.480] and I want to know what steps I need to take to get out of these so I can get my CDL.
[01:40:24.480 --> 01:40:27.480] Okay, well, the first thing is, where specifically?
[01:40:27.480 --> 01:40:31.480] What is the population of the counties in which these warrants were issued?
[01:40:31.480 --> 01:40:33.480] It was in Austin, Texas.
[01:40:33.480 --> 01:40:39.480] Okay, because I came across a very interesting part of the transportation code
[01:40:39.480 --> 01:40:45.480] that clearly states that only cities with contracts with the state,
[01:40:45.480 --> 01:40:53.480] and they must be home rule cities, make contract in order to make those reports to the DPS regarding the license,
[01:40:53.480 --> 01:40:59.480] and the home rule city must have a population of 150,000 or more.
[01:40:59.480 --> 01:41:06.480] Now, Austin would have that in most cases if they have a contract with the state,
[01:41:06.480 --> 01:41:11.480] which I'm quite sure they probably do, but I'd still make them produce it.
[01:41:11.480 --> 01:41:17.480] The other problem is how did the warrants come about, for failure to appear?
[01:41:17.480 --> 01:41:24.480] Yeah, because I was leaving for Florida that day, and they never got taken care of.
[01:41:24.480 --> 01:41:32.480] Then after Randy Raylor and Randy Kelton here get through reviewing it for its content,
[01:41:32.480 --> 01:41:42.480] I just revamped Randy Raylor's motion on improper service and lack of complaint, which would...
[01:41:42.480 --> 01:41:51.480] Randy, if you look at this, I actually think we can use this motion to quash outstanding warrants.
[01:41:51.480 --> 01:41:55.480] Well, I've probably got a couple I can use it on.
[01:41:55.480 --> 01:42:02.480] Because it goes into great detail to explain how the promise to appear is neither legal,
[01:42:02.480 --> 01:42:09.480] nor constitutional, nor a valid promise, and it uses the code to do exactly that.
[01:42:09.480 --> 01:42:10.480] Okay.
[01:42:10.480 --> 01:42:15.480] Wade, are you talking about Randy Raylor's document or yours?
[01:42:15.480 --> 01:42:20.480] Yes, the one that I mailed back to you today, he mailed back to you with my changes to it.
[01:42:20.480 --> 01:42:23.480] Okay, I read yours, I hadn't read Randy's yet.
[01:42:23.480 --> 01:42:32.480] His is all in there, I've just added to it.
[01:42:32.480 --> 01:42:36.480] So is this stuff posted on your website where I can get to it?
[01:42:36.480 --> 01:42:37.480] It is.
[01:42:37.480 --> 01:42:44.480] As soon as they get done reviewing it to see what we can use it for, other than just quashing the summons,
[01:42:44.480 --> 01:42:49.480] then it will be added to the updates on the document side of the seminar material.
[01:42:49.480 --> 01:42:52.480] Okay.
[01:42:52.480 --> 01:42:55.480] So you just want me to be patient and let you guys get to it?
[01:42:55.480 --> 01:43:00.480] Well, if you'll send me a contact email, I'll be happy to send you a copy of it.
[01:43:00.480 --> 01:43:01.480] Sure, no problem.
[01:43:01.480 --> 01:43:08.480] Well, once Randy looks it over, once I look it over, once the three of us finalize the version,
[01:43:08.480 --> 01:43:15.480] then I will be emailing that document out to everyone who's on the seminar email list.
[01:43:15.480 --> 01:43:16.480] Okay, cool.
[01:43:16.480 --> 01:43:18.480] My dad and I are together in this.
[01:43:18.480 --> 01:43:24.480] Yeah, yeah, so you'll be getting it, anyone who's purchased the seminar or who went to the seminar
[01:43:24.480 --> 01:43:28.480] will get it in the email as soon as we finish it.
[01:43:28.480 --> 01:43:29.480] Great.
[01:43:29.480 --> 01:43:31.480] Okay, anything else, Roy?
[01:43:31.480 --> 01:43:32.480] No, ma'am.
[01:43:32.480 --> 01:43:33.480] All right, great.
[01:43:33.480 --> 01:43:35.480] When we get back, we're going to get to Justin.
[01:43:35.480 --> 01:43:42.480] After that, we have open phone lines and we're coming up to the end of Hour 2.
[01:43:42.480 --> 01:43:47.480] We've got four hours, so we're not even to the halfway mark yet, folks.
[01:43:47.480 --> 01:43:53.480] So if you'd like to call in 512-646-1984, we will be right back.
[01:43:53.480 --> 01:43:56.480] This is the rule of law, ruleoflawradio.com.
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[01:46:21.480 --> 01:46:36.480] Okay, folks, we are ready.
[01:46:36.480 --> 01:46:39.480] We're coming back from commercial break here.
[01:46:39.480 --> 01:46:43.480] We are talking now to Justin in Texas.
[01:46:43.480 --> 01:46:45.480] Okay, Justin, thanks for calling in.
[01:46:45.480 --> 01:46:47.480] What is on your mind tonight?
[01:46:47.480 --> 01:46:59.480] Hello, hello. I'm here in Austin and I just had a run-in about a year and a half ago with APD
[01:46:59.480 --> 01:47:03.480] and I had a driver lost and said it was suspended.
[01:47:03.480 --> 01:47:11.480] So I actually went down and gave it back to him and obviously I didn't want to travel on commerce.
[01:47:11.480 --> 01:47:18.480] And well, the notice actually kicked in before I actually released my license.
[01:47:18.480 --> 01:47:24.480] So the notice went through and it went ahead and suspended my license.
[01:47:24.480 --> 01:47:29.480] So I went through the court, obviously went through a jury trial,
[01:47:29.480 --> 01:47:40.480] and of course I argued commerce, traveling versus commerce, and of course they found me guilty.
[01:47:40.480 --> 01:47:45.480] Six juries.
[01:47:45.480 --> 01:47:54.480] And I went through that process and then I've taken it all the way up to the Court of Appeals.
[01:47:54.480 --> 01:47:59.480] And I'm at the Court of Appeals backing up a little bit.
[01:47:59.480 --> 01:48:04.480] I actually filed 14 criminal complaints against the public officials,
[01:48:04.480 --> 01:48:08.480] against the prosecution attorney, against the judge, magistrate.
[01:48:08.480 --> 01:48:15.480] And I actually, the day before, the day before the trial,
[01:48:15.480 --> 01:48:20.480] I actually walked up and miraculously, God's will,
[01:48:20.480 --> 01:48:27.480] I actually handed in a sealed envelope the 14 criminal complaints with a statement of facts
[01:48:27.480 --> 01:48:31.480] to the foreman of the grand jury right here in Austin, Texas.
[01:48:31.480 --> 01:48:38.480] Just so happened. And I was just, you know, I was amazed and I was like, you know,
[01:48:38.480 --> 01:48:41.480] shaking that I was actually got to the foreman.
[01:48:41.480 --> 01:48:47.480] He introduced himself. Of course I introduced myself and of course I was very nice.
[01:48:47.480 --> 01:48:50.480] And he's like, well, come on in here.
[01:48:50.480 --> 01:48:54.480] And I said, well, okay. And I had a witness with me, my wife was with me.
[01:48:54.480 --> 01:48:59.480] And previously before that, I had went in and talked to the bailiff,
[01:48:59.480 --> 01:49:01.480] the man that was in there.
[01:49:01.480 --> 01:49:05.480] And I had learned some things on what to look for as far as the grand jury members.
[01:49:05.480 --> 01:49:07.480] They turned their badge the opposite way.
[01:49:07.480 --> 01:49:12.480] So I just happened to meet the foreman.
[01:49:12.480 --> 01:49:17.480] So I'm standing there and I wrote out a certificate of service.
[01:49:17.480 --> 01:49:21.480] I already had a certificate of service stating the 14 criminal complaints
[01:49:21.480 --> 01:49:28.480] against the public officials and the documents that were within this sealed envelope.
[01:49:28.480 --> 01:49:39.480] And he informed me that he was questioning if he could actually take this envelope that I had.
[01:49:39.480 --> 01:49:47.480] And this bailiff immediately stood up and he already seen me earlier in there.
[01:49:47.480 --> 01:49:49.480] So I already had kind of a run in with him.
[01:49:49.480 --> 01:49:52.480] And he was the real standoffish.
[01:49:52.480 --> 01:49:58.480] And so he kind of stood his ground and crossed his arms.
[01:49:58.480 --> 01:50:02.480] And he was really stern and didn't say a word this whole time
[01:50:02.480 --> 01:50:08.480] and kind of spread his legs and kind of made himself kind of really bow up.
[01:50:08.480 --> 01:50:10.480] And I was like, okay.
[01:50:10.480 --> 01:50:16.480] And I was just looking at him and I was looking at this foreman, the former of the grand jury here.
[01:50:16.480 --> 01:50:19.480] And I was thinking, all right, so what's going to happen next?
[01:50:19.480 --> 01:50:24.480] And the foreman turns around and he says, can I take these documents?
[01:50:24.480 --> 01:50:27.480] And that bailiff says, hang on just a second.
[01:50:27.480 --> 01:50:29.480] Let me get reinforcements here.
[01:50:29.480 --> 01:50:31.480] And I said, okay.
[01:50:31.480 --> 01:50:37.480] So he runs off to the side and he brings in these two other guys.
[01:50:37.480 --> 01:50:42.480] And of course I'm sure probably one of them is probably an attorney,
[01:50:42.480 --> 01:50:45.480] but I call them demon spawns by the way.
[01:50:45.480 --> 01:50:49.480] And that's for other reasons as well.
[01:50:49.480 --> 01:50:51.480] Anyway, they started bowing up too.
[01:50:51.480 --> 01:50:55.480] And he's like, can I take these?
[01:50:55.480 --> 01:50:59.480] And they said, well, we can't tell you not to.
[01:50:59.480 --> 01:51:01.480] And I said, you bet.
[01:51:01.480 --> 01:51:02.480] You better.
[01:51:02.480 --> 01:51:10.480] So he said, well, I can't verify that these documents is what you say that is in here.
[01:51:10.480 --> 01:51:14.480] And I said, well, I'm giving you my word and I'm stating on the certificate of service.
[01:51:14.480 --> 01:51:20.480] And I'm swearing that these documents are criminal complaints.
[01:51:20.480 --> 01:51:23.480] There's 14 criminal complaints in here.
[01:51:23.480 --> 01:51:26.480] And he said, well, I can't verify what's in there.
[01:51:26.480 --> 01:51:28.480] So I said, okay, not a problem.
[01:51:28.480 --> 01:51:29.480] Not a problem.
[01:51:29.480 --> 01:51:34.480] We can write a little note on here that you did receive the documents.
[01:51:34.480 --> 01:51:38.480] So he received it and he signs it.
[01:51:38.480 --> 01:51:39.480] I sign it.
[01:51:39.480 --> 01:51:40.480] I give him a copy.
[01:51:40.480 --> 01:51:42.480] He makes a copy.
[01:51:42.480 --> 01:51:46.480] Everything, I walk out of the office.
[01:51:46.480 --> 01:51:48.480] He walks back in, you know.
[01:51:48.480 --> 01:51:55.480] So a week later, about a week or two later, I hear back from the DA, Claire Dawson Brown.
[01:51:55.480 --> 01:52:02.480] I hear there's a letter stating that thank you for bringing this to our attention.
[01:52:02.480 --> 01:52:08.480] We decided not to, the grand jury decided not to investigate this.
[01:52:08.480 --> 01:52:11.480] By the way, thank you for bringing this to our attention.
[01:52:11.480 --> 01:52:13.480] So hold on.
[01:52:13.480 --> 01:52:14.480] Yeah.
[01:52:14.480 --> 01:52:20.480] 20.07, the grand jury shall investigate into all criminal accusations.
[01:52:20.480 --> 01:52:22.480] Come to that knowledge by way of the public attorney.
[01:52:22.480 --> 01:52:23.480] Right.
[01:52:23.480 --> 01:52:24.480] Right.
[01:52:24.480 --> 01:52:26.480] So here's what I'm thinking.
[01:52:26.480 --> 01:52:28.480] Here's what I'm thinking that just occurred.
[01:52:28.480 --> 01:52:29.480] Okay.
[01:52:29.480 --> 01:52:32.480] I had some issues that I had to take care of.
[01:52:32.480 --> 01:52:34.480] I've moved.
[01:52:34.480 --> 01:52:37.480] This was last year during the summer.
[01:52:37.480 --> 01:52:42.480] Here is what I'm going to do and here's what I need to do.
[01:52:42.480 --> 01:52:46.480] I need to go down there and see if there's been a no bill or a true bill.
[01:52:46.480 --> 01:52:49.480] And what I'm thinking, what I'm thinking here is what I'm thinking.
[01:52:49.480 --> 01:52:51.480] I might be wrong.
[01:52:51.480 --> 01:52:56.480] I'm thinking that Claire Dawson Brown, the district attorney, I'm thinking that former
[01:52:56.480 --> 01:53:00.480] and that jury, grand jury former went over there or one of the members went over to the
[01:53:00.480 --> 01:53:06.480] DA's office and said, hey, I got some criminal complaints here or I got something that was
[01:53:06.480 --> 01:53:07.480] hand delivered to me.
[01:53:07.480 --> 01:53:09.480] Can you take a look at this?
[01:53:09.480 --> 01:53:15.480] And I'm thinking, well, since I received that letter, I'm thinking, well, the DA probably
[01:53:15.480 --> 01:53:17.480] said, well, I'll handle this.
[01:53:17.480 --> 01:53:19.480] Don't worry about this.
[01:53:19.480 --> 01:53:25.480] And this immediately took those criminal complaints and trashed them and then sent me a letter.
[01:53:25.480 --> 01:53:31.480] So I haven't went down there and seen if there's actually a true bill or no bill.
[01:53:31.480 --> 01:53:36.480] So I got a certificate of service with the former grand jury and this all went up to
[01:53:36.480 --> 01:53:37.480] the court of criminal appeals.
[01:53:37.480 --> 01:53:40.480] And I did this all pro se, all myself.
[01:53:40.480 --> 01:53:41.480] Wonderful.
[01:53:41.480 --> 01:53:45.480] And I fought it all the way up to the court of criminal appeals.
[01:53:45.480 --> 01:53:46.480] I didn't write a PDR.
[01:53:46.480 --> 01:53:49.480] It went up to the third court of criminal appeals.
[01:53:49.480 --> 01:53:55.480] They, the justices up there, they were like, they ignored it.
[01:53:55.480 --> 01:53:57.480] I mean, they were like real touchy about it.
[01:53:57.480 --> 01:53:59.480] They're like, you know, that's a separate issue.
[01:53:59.480 --> 01:54:01.480] That's a separate issue.
[01:54:01.480 --> 01:54:07.480] So I'm thinking, I got this in the bag because if I'm wrong, please correct me.
[01:54:07.480 --> 01:54:10.480] This is the reason why I'm calling in.
[01:54:10.480 --> 01:54:15.480] I go down there and I need to find out if they followed, if there's been a no bill or
[01:54:15.480 --> 01:54:16.480] a true bill.
[01:54:16.480 --> 01:54:22.480] And if there's no bill or a true bill, then that foreman just committed a crime, a number
[01:54:22.480 --> 01:54:25.480] of felonies, as well as the DA.
[01:54:25.480 --> 01:54:29.480] Then I can go against the DA as well as the foreman at that particular session,
[01:54:29.480 --> 01:54:35.480] whenever that grand jury convenes, and I need to go to that, go to the judge and
[01:54:35.480 --> 01:54:38.480] present these, these criminal complaints.
[01:54:38.480 --> 01:54:42.480] Now, if there is one, let's do it.
[01:54:42.480 --> 01:54:45.480] That should be all in the minutes of the...
[01:54:45.480 --> 01:54:49.480] You can go down to the Travis County District Clerk and ask for the minutes of
[01:54:49.480 --> 01:54:50.480] grand jury.
[01:54:50.480 --> 01:54:51.480] They've got a big book.
[01:54:51.480 --> 01:54:58.480] When you're standing in the clerk's office looking at the glass, to your left,
[01:54:58.480 --> 01:55:03.480] behind them against the wall, you'll see a big, about a four-inch thick book
[01:55:03.480 --> 01:55:04.480] sitting there.
[01:55:04.480 --> 01:55:05.480] That's it.
[01:55:05.480 --> 01:55:09.480] Is it where the clerk, where you walk in right, right when you walk in, you know,
[01:55:09.480 --> 01:55:12.480] you go to the metal detectors and you go off to the right where the grand jury
[01:55:12.480 --> 01:55:13.480] meets.
[01:55:13.480 --> 01:55:17.480] No, it's, the clerk is on the opposite side of the building.
[01:55:17.480 --> 01:55:22.480] You go over by the elevators, the other side of the elevator to find the clerk's
[01:55:22.480 --> 01:55:23.480] office.
[01:55:23.480 --> 01:55:24.480] Oh, okay.
[01:55:24.480 --> 01:55:25.480] Okay, gotcha.
[01:55:25.480 --> 01:55:32.480] And if, if there is not a true bill or no bill, then I've got, I've got this
[01:55:32.480 --> 01:55:34.480] form of this grand jury.
[01:55:34.480 --> 01:55:40.480] I suggest you go to a new grand jury with criminal charges against the old
[01:55:40.480 --> 01:55:47.480] grand jury for violating law relating to their office.
[01:55:47.480 --> 01:55:48.480] Excuse me.
[01:55:48.480 --> 01:55:49.480] Okay.
[01:55:49.480 --> 01:55:55.480] So if, if there's not, if there's not any records at all, I'm thinking, I'm
[01:55:55.480 --> 01:56:00.480] thinking there's not going to be any records at all of the actual true bill or
[01:56:00.480 --> 01:56:01.480] no bill.
[01:56:01.480 --> 01:56:04.480] I'm thinking you are absolutely right.
[01:56:04.480 --> 01:56:06.480] There's going to be nothing.
[01:56:06.480 --> 01:56:12.480] And, and I'm going to, I'm going to be able to have a whole slew of number of
[01:56:12.480 --> 01:56:15.480] criminal complaints that I can bring up against the form of the grand jury as
[01:56:15.480 --> 01:56:20.480] well as the 2.0, 2.5.
[01:56:20.480 --> 01:56:22.480] 38.05.
[01:56:22.480 --> 01:56:27.480] 2.05, the code of criminal procedure as well as the...
[01:56:27.480 --> 01:56:32.480] No, 38.05, penal code, entering apprehension or prosecution.
[01:56:32.480 --> 01:56:36.480] Ah, and also tampering with government records as well.
[01:56:36.480 --> 01:56:37.480] Yes.
[01:56:37.480 --> 01:56:38.480] 37.10.
[01:56:38.480 --> 01:56:39.480] 37.10.
[01:56:39.480 --> 01:56:47.480] And so I'm not sure, I'm not sure what for the actual grand jury judge.
[01:56:47.480 --> 01:56:50.480] I mean, I know they, they meet in secrecy.
[01:56:50.480 --> 01:56:51.480] I know that.
[01:56:51.480 --> 01:56:52.480] I know that.
[01:56:52.480 --> 01:56:53.480] Okay.
[01:56:53.480 --> 01:56:55.480] You want to know where they meet?
[01:56:55.480 --> 01:56:57.480] No, I want to know, I want to present this.
[01:56:57.480 --> 01:57:02.480] I want to do another grand jury with the judge and with the bailiff outside the
[01:57:02.480 --> 01:57:03.480] door.
[01:57:03.480 --> 01:57:04.480] Okay.
[01:57:04.480 --> 01:57:08.480] I want to go to them and say, hey, I have new charges because I have a really,
[01:57:08.480 --> 01:57:12.480] I have a really gut feeling that there's not going to be any evidence of any
[01:57:12.480 --> 01:57:14.480] thing of a true bill or no bill.
[01:57:14.480 --> 01:57:15.480] Okay.
[01:57:15.480 --> 01:57:16.480] Here's how you do that.
[01:57:16.480 --> 01:57:21.480] You make up your complaints and include complaints against Claire.
[01:57:21.480 --> 01:57:22.480] Okay.
[01:57:22.480 --> 01:57:23.480] The DA.
[01:57:23.480 --> 01:57:24.480] Yeah, yeah.
[01:57:24.480 --> 01:57:27.480] I still recognize this, she's had it done to her before.
[01:57:27.480 --> 01:57:30.480] Yeah, I'm sure she has.
[01:57:30.480 --> 01:57:34.480] You go down, when you walk in the door, you know where the grand jury meets.
[01:57:34.480 --> 01:57:37.480] Well, I know, I know where they meet in that little office.
[01:57:37.480 --> 01:57:38.480] Yeah.
[01:57:38.480 --> 01:57:43.480] Well, the grand jury room, when you walk in the door, you go to your right.
[01:57:43.480 --> 01:57:44.480] Yeah, yeah.
[01:57:44.480 --> 01:57:48.480] To the right there will be the guy sitting at an information desk.
[01:57:48.480 --> 01:57:52.480] You go to the right of him and you're looking right at the door of the grand
[01:57:52.480 --> 01:57:53.480] jury.
[01:57:53.480 --> 01:57:54.480] Yeah, right there last time, yeah.
[01:57:54.480 --> 01:57:57.480] So you want to go in there when a grand jury is in session.
[01:57:57.480 --> 01:57:58.480] Yeah.
[01:57:58.480 --> 01:58:01.480] You walk in the door and you'll be looking at the bailiff.
[01:58:01.480 --> 01:58:02.480] Yeah.
[01:58:02.480 --> 01:58:06.480] You walk up to the bailiff, tell the bailiff, instruct the foreman, you tell
[01:58:06.480 --> 01:58:11.480] him your name, instruct the foreman that I have business with the grand jury.
[01:58:11.480 --> 01:58:15.480] He'll ask you what the nature of your business is and you hand him this stack
[01:58:15.480 --> 01:58:18.480] of documents and say, give him these.
[01:58:18.480 --> 01:58:19.480] He'll call Claire.
[01:58:19.480 --> 01:58:23.480] When Claire comes out, you tell Claire you need to get out of here.
[01:58:23.480 --> 01:58:26.480] These are complaints against you.
[01:58:26.480 --> 01:58:29.480] Yeah, she'll know that routine.
[01:58:29.480 --> 01:58:33.480] Yeah, and they'll probably bow up and try to run me out of there and call.
[01:58:33.480 --> 01:58:37.480] I bet they won't, not after what we did to them last time.
[01:58:37.480 --> 01:58:40.480] All right, do you have anything else for us, Justin?
[01:58:40.480 --> 01:58:43.480] Yeah, yeah, another one more thing.
[01:58:43.480 --> 01:58:44.480] Okay, wait a minute, we're going to break.
[01:58:44.480 --> 01:58:45.480] I just wanted to know.
[01:58:45.480 --> 01:58:47.480] All right, stay on till the other side.
[01:58:47.480 --> 01:58:49.480] We're at the top of the hour, three-minute news break,
[01:58:49.480 --> 01:58:53.480] INN World Report Radio, and then we'll be taking the rest of your calls.
[01:58:53.480 --> 01:58:55.480] Carlos, Michael, and Jeff.
[01:58:55.480 --> 01:58:59.480] Callers, if you'd like to call in, 512-646-1984.
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