ROL_2011-06-13_16k.timecode
[00:00.000 --> 00:04.440] This news brief brought to you by the International News Network.
[00:04.440 --> 00:09.720] Almost 7,000 Syrians have crossed the country's northern border with Turkey to escape government
[00:09.720 --> 00:13.320] violence in suppressing anti-regime demonstrations.
[00:13.320 --> 00:17.840] An estimated 10,000 more are waiting for the opportunities across.
[00:17.840 --> 00:22.520] Syrian refugees who have fled the army assault on the town of Jishu al-Shogur said Monday
[00:22.520 --> 00:28.520] troops had begun fighting among themselves in the midst of military operations.
[00:28.520 --> 00:33.800] Syrian Premier Silvio Berlusconi conceded Monday Italy, which abandoned nuclear power
[00:33.800 --> 00:38.720] after the Chernobyl disaster, will probably have to give up its plans to revive nuclear
[00:38.720 --> 00:39.720] energy.
[00:39.720 --> 00:45.040] Italian voters Sunday and Monday voted in referendums to block a revival of nuclear
[00:45.040 --> 00:51.360] power and privatize the water supply and against a law that offers Berlusconi a partial legal
[00:51.360 --> 00:54.920] shield in criminal prosecutions.
[00:54.920 --> 01:00.360] Bahrain received over $200 million in military equipment from U.S. companies between October
[01:00.360 --> 01:03.040] 2009 and October 2010.
[01:03.040 --> 01:07.720] The latest State Department Armed Export Report shows it was more than double the amount
[01:07.720 --> 01:09.680] approved the previous year.
[01:09.680 --> 01:14.800] Bahrain's security forces have fired live ammunition at protesters, killing at least
[01:14.800 --> 01:21.000] 31 people and injuring hundreds more since the unrest began in February.
[01:21.000 --> 01:26.240] Weeks before announcing his reelection campaign, Barack Obama invited two dozen Wall Street
[01:26.240 --> 01:30.600] executives, many of them longtime donors, to the White House.
[01:30.600 --> 01:35.240] Guests were asked for their opinions on the economic recovery and how they preferred to
[01:35.240 --> 01:36.400] be regulated.
[01:36.400 --> 01:40.760] The event kicked off in aggressive push by Obama to win the allegiance of one of his
[01:40.760 --> 01:44.000] most vital sources of campaign cash.
[01:44.000 --> 01:49.080] Last month Obama's campaign manager, Jim Messina, traveled to New York for back-to-back
[01:49.080 --> 01:51.640] meetings with Wall Street donors.
[01:51.640 --> 01:56.240] Obama will travel to New York this month to dine with bankers, hedge fund executives and
[01:56.240 --> 01:58.480] private equity investors.
[01:58.480 --> 02:04.000] Obama is poised to win in 2012, given the public's lack-luster support for Republicans
[02:04.000 --> 02:06.520] and minuscule third-party opposition.
[02:06.520 --> 02:11.040] Nicholas Confessori writes in The New York Times, quote, the question is not how much
[02:11.040 --> 02:17.800] Obama may raise from Wall Street, the question is, what do they get in return?
[02:17.800 --> 02:22.080] Forty years after the explosive leak of the Pentagon Papers, a secret government study
[02:22.080 --> 02:27.520] chronicling deception and misadventure in the U.S. conduct of the Vietnam War was published
[02:27.520 --> 02:28.520] Monday.
[02:28.520 --> 02:33.480] The report was a sensational breach of government confidentiality that shook Richard Nixon's
[02:33.480 --> 02:34.480] presidency.
[02:34.480 --> 02:38.400] Prepared by Pentagon and private analysts, the report was leaked by one of them, Daniel
[02:38.400 --> 02:42.800] Ellsberg, in one of the most dramatic episodes of whistleblowing in U.S. history.
[02:42.800 --> 02:47.360] The papers revealed that the Kennedy and Johnson administrations had been escalating the conflict
[02:47.360 --> 02:54.360] in Vietnam while misleading Congress and the public about their activities.
[03:17.360 --> 03:42.360] All right folks, good evening.
[03:42.360 --> 03:49.720] This is Rule of Law Radio.
[03:49.720 --> 03:54.720] It is Monday night, June 13th, 2011.
[03:54.720 --> 04:00.240] We are going to start off with a little presentation tonight on what constitutes a custodial arrest
[04:00.240 --> 04:04.680] here in Texas, and then we're going to start taking your calls.
[04:04.680 --> 04:12.960] So if you want to start lining up for that, the calling number is 512-646-1984.
[04:12.960 --> 04:13.960] It's actually kind of funny.
[04:13.960 --> 04:18.040] Deborah was asking me a question about this before we actually came into the show.
[04:18.040 --> 04:24.680] But let's talk about a custodial arrest in the state of Texas.
[04:24.680 --> 04:34.960] According to the Code of Criminal Procedure, Article 14.06B and C, and the Transportation
[04:34.960 --> 04:39.640] Code, Chapter 543, if a peace officer or law enforcement officer, or what other type of
[04:39.640 --> 04:47.360] name they want to be calling themselves, actually halts your progress, whether you're
[04:47.360 --> 04:51.160] on foot in an automobile, doesn't matter.
[04:51.160 --> 04:58.720] If they actually stop you for the purpose of issuing you a citation and do so, you are
[04:58.720 --> 05:05.920] in a custodial arrest according to those particular sections of law.
[05:05.920 --> 05:12.000] And the reason I assert this is because the language of the statute state very clearly
[05:12.000 --> 05:23.520] that the arresting officer can release the person arrested from custody only if the person
[05:23.520 --> 05:31.720] arrested will sign the promise to appear or notice to appear on the citation so that the
[05:31.720 --> 05:38.200] arresting officer may release the person arrested from custody.
[05:38.200 --> 05:43.800] Now when you take arresting officer, person arrested, and release from custody, there's
[05:43.800 --> 05:48.240] not a lot of ways to look at what just happened.
[05:48.240 --> 05:54.200] And for somebody to try and say that, well, you were just detained, not arrested, is going
[05:54.200 --> 05:59.600] completely against the exact language of the statute.
[05:59.600 --> 06:04.280] Now we've got many court cases here in Texas, and I don't have the list of them, but I do
[06:04.280 --> 06:08.320] remember enough about them to know what they were discussing.
[06:08.320 --> 06:14.520] Aziz v. State is one of them, however, where it talks about the language of Chapter 543
[06:14.520 --> 06:22.080] and the transportation code clearly states that you are in some sort of custodial arrest,
[06:22.080 --> 06:28.320] even though it's for a traffic stop and does not constitute the same level of custody that
[06:28.320 --> 06:37.320] would allow a warrantless search of a person's automobile, it is nonetheless a custodial
[06:37.320 --> 06:43.840] arrest for the purpose in this particular case of dealing with the failure to appear
[06:43.840 --> 06:49.320] on the written notice or promise to appear on the citation.
[06:49.320 --> 06:53.960] And that case is all about whether or not a person can be tried under the transportation
[06:53.960 --> 06:58.960] code version of the failure to appear versus the penal code version of the failure to appear.
[06:58.960 --> 07:03.640] But these are the particular issues the case discusses.
[07:03.640 --> 07:09.440] And the fact that the case itself asserts that 543 makes it very clear from its language
[07:09.440 --> 07:17.400] that a custodial arrest has taken place, there is the same situation exists under 543, which
[07:17.400 --> 07:23.680] is an arrest, the issuance of a citation, a release from custody.
[07:23.680 --> 07:28.880] That's what appears in the Code of Criminal Procedure in the general statutes under 1406
[07:28.880 --> 07:36.880] B and C. Those two code sections are imperimateria to one another, they're interrelated, they
[07:36.880 --> 07:40.840] deal with the same subject and circumstances.
[07:40.840 --> 07:43.800] That's what makes them imperimateria.
[07:43.800 --> 07:51.320] They both deal with an arrest for the purpose of issuing a citation, getting a signature
[07:51.320 --> 07:57.040] and releasing the individual from custody to appear before magistrate at a later date.
[07:57.040 --> 07:59.840] That's exactly what they deal with.
[07:59.840 --> 08:04.360] But the court said you are in a custodial arrest.
[08:04.360 --> 08:12.320] Now what this does is it kicks in several things that you need to be aware of.
[08:12.320 --> 08:19.120] If you're in a custodial arrest, then there comes into play a certain set of rights of
[08:19.120 --> 08:27.240] the defense, or the accused in this case, versus the power of the officer to proceed.
[08:27.240 --> 08:34.760] If you are in fact in a custodial arrest and you are in fact being required to provide
[08:34.760 --> 08:41.880] information that can be used against you, then you are in fact having your Texas Constitution
[08:41.880 --> 08:48.680] Article I, Section 10 rights violated and your Fifth Amendment right to the United States
[08:48.680 --> 08:55.720] Constitution violated because you are being required to provide evidence or testimony
[08:55.720 --> 09:02.600] that can then will be used against you in a court of law against your will.
[09:02.600 --> 09:04.640] Here's how it works.
[09:04.640 --> 09:07.760] The officer pulls you over.
[09:07.760 --> 09:13.160] He has all the intention of writing you a citation for whatever the alleged reason was
[09:13.160 --> 09:17.880] he pulled you over, even if it's a trumped up charge.
[09:17.880 --> 09:23.560] He demands before telling you that he's going to write you a citation, that you provide
[09:23.560 --> 09:28.480] him with license, registration, and proof of insurance.
[09:28.480 --> 09:34.160] How do we seal the deal to ensure that our rights are properly invoked if this officer
[09:34.160 --> 09:39.280] has not yet informed us that we're under arrest?
[09:39.280 --> 09:44.960] We do that by setting the stage ourselves with three simple questions.
[09:44.960 --> 09:47.840] Then you've all heard them.
[09:47.840 --> 09:52.440] Question one, what is the emergency and how can I help?
[09:52.440 --> 09:56.720] Question two, am I under arrest?
[09:56.720 --> 10:00.800] Question three, am I free to go?
[10:00.800 --> 10:09.640] They cannot answer no to the last two questions and you not be considered under arrest according
[10:09.640 --> 10:12.720] to all of the case law on this.
[10:12.720 --> 10:18.760] Even the United States Supreme Court said very clearly that once a reasonable individual
[10:18.760 --> 10:26.680] feels that he may no longer leave the scene of his own volition for all intents and purposes
[10:26.680 --> 10:31.000] that person is in a custodial arrest.
[10:31.000 --> 10:32.000] No question.
[10:32.000 --> 10:37.120] Now, you just asked the officer if you're under arrest, he lied through his teeth and
[10:37.120 --> 10:38.120] said no.
[10:38.120 --> 10:41.560] Then you asked him if you were free to leave.
[10:41.560 --> 10:49.400] He also said no, therefore, any reasonable person is going to assume they're not free
[10:49.400 --> 10:56.320] to leave of their own volition, not unless it's in a hell of bullets.
[10:56.320 --> 10:57.640] Okay?
[10:57.640 --> 11:04.280] So we've now established with those three questions, we are in a custodial arrest.
[11:04.280 --> 11:10.520] We do this before we give the officer anything.
[11:10.520 --> 11:18.520] Don't respond to his request for any information till you get answers to these questions.
[11:18.520 --> 11:26.840] Remember, hopefully you're recording what's going on and almost assuredly he is recording
[11:26.840 --> 11:28.720] what's going on.
[11:28.720 --> 11:34.480] So for the record, you have established that you're under arrest.
[11:34.480 --> 11:38.160] It's very important that you do that.
[11:38.160 --> 11:44.680] If you leave it where it's ambiguous as to whether or not you were arrested and in custody,
[11:44.680 --> 11:52.600] this becomes an uphill battle instead of a ski slope that you're all rigged up to run.
[11:52.600 --> 11:59.680] If you do this right, there's no question what your disposition is.
[11:59.680 --> 12:04.160] From that point on, the officer will fail to read you your rights.
[12:04.160 --> 12:11.600] And all the times I've been arrested on traffic offenses by these police officers, never once
[12:11.600 --> 12:17.320] have they read me my rights, never.
[12:17.320 --> 12:22.240] Even if they take me to jail, they don't read me my rights.
[12:22.240 --> 12:28.160] Yet they still expect me to provide them with the information they're demanding.
[12:28.160 --> 12:30.200] Sorry, Junior.
[12:30.200 --> 12:35.440] That's not going to happen on any day that ends in Y, so sorry.
[12:35.440 --> 12:41.480] I am not about to provide you with information you can and will use against me in a court
[12:41.480 --> 12:46.520] of law when you are willing to lie through your teeth to me about whether or not I've
[12:46.520 --> 12:53.720] been arrested, just so you can trick me into giving you that information.
[12:53.720 --> 13:01.520] There really ought to be a law against dishonesty in a public servant for the public.
[13:01.520 --> 13:09.280] I don't remember anywhere saying that it was okay for my employees to lie to me in order
[13:09.280 --> 13:13.160] to take advantage of me.
[13:13.160 --> 13:22.120] Yet this is what they do, and we let it continue, stupid us.
[13:22.120 --> 13:27.760] But in any case, we are at the point where we now have on the record that we're in a
[13:27.760 --> 13:29.640] custodial arrest.
[13:29.640 --> 13:34.480] The officer is demanding we provide him with information, and we're going to state very
[13:34.480 --> 13:38.240] clearly that, well, I've got two options here.
[13:38.240 --> 13:43.160] I can refuse to give it to you, in which case you're going to immediately attempt to take
[13:43.160 --> 13:47.760] me to a jail cell, even though that's not what the law requires you to do in this instance.
[13:47.760 --> 13:50.120] It's what you're going to do.
[13:50.120 --> 13:55.240] And personally for me, that's fine, because I've already got somebody on the phone listening
[13:55.240 --> 14:00.040] to all this that would be able to call somebody else and tell them where I am, at least, provided
[14:00.040 --> 14:03.760] I'm in a patch with the cell phone service.
[14:03.760 --> 14:09.320] But in any case, if they're going to take me to jail, they're going to take me to jail.
[14:09.320 --> 14:15.680] But my case is already rolling in my favor at this point, because I have now gotten documented
[14:15.680 --> 14:23.280] evidence against the officer of my rights being violated by their procedure, by the
[14:23.280 --> 14:34.040] very statutes themselves, because the officer will not abide by the statutes in his duties.
[14:34.040 --> 14:40.000] This of course implicates everybody in the stream of the command there, over the officer
[14:40.000 --> 14:45.040] as well, right up to the city that he works for.
[14:45.040 --> 14:48.800] So we go through this process.
[14:48.800 --> 14:55.320] The other option we have rather than being taken to jail is to insist verbally on the
[14:55.320 --> 15:04.480] record that any information you get from me is provided against my will without my consent
[15:04.480 --> 15:11.840] because you are carrying a loaded weapon and are threatening me with that weapon to either
[15:11.840 --> 15:15.680] physically abuse me or to kidnap me.
[15:15.680 --> 15:21.920] So whatever you want, I'm going to give you, but I'm going to do it under protest and involuntarily
[15:21.920 --> 15:27.280] or involuntarily, however you want to put it.
[15:27.280 --> 15:31.800] I'm not giving you the information of my own free will.
[15:31.800 --> 15:37.440] Do we understand each other?
[15:37.440 --> 15:43.960] Now, then you can give me whatever information you've got, though I'm pretty sure that's
[15:43.960 --> 15:47.120] not going to help you in the long run.
[15:47.120 --> 15:52.200] The consensus has been agreed upon that if you really want to win this hands down and
[15:52.200 --> 15:59.520] have a lawsuit that holds water, you have to be willing to take the hit, meaning you have
[15:59.520 --> 16:05.200] to be willing to go to jail, even for a little while.
[16:05.200 --> 16:12.240] This is going to give you a case that you can win because this will turn out to be presented
[16:12.240 --> 16:19.480] properly a clear violation of the rights of due process, a clear violation of the rights
[16:19.480 --> 16:25.280] of the individual as is protected by the state constitution, as is protected by the federal
[16:25.280 --> 16:29.840] constitution allegedly, okay?
[16:29.840 --> 16:35.840] But the courts have given a broad swath of arrest powers to these officers.
[16:35.840 --> 16:39.840] We have to be able to narrow them down to where there's no doubt as to how they're
[16:39.840 --> 16:43.080] being abused and we need to do it on the record.
[16:43.080 --> 16:45.120] Okay, we're about to go to break.
[16:45.120 --> 16:47.320] We've got several people on the board.
[16:47.320 --> 16:49.920] We'll pick you guys up on the other side.
[16:49.920 --> 16:55.120] This is Rural Law Radio 512-646-1984 is the call in number.
[16:55.120 --> 17:00.920] We'll be right back on the other side of the break so stay with us.
[17:00.920 --> 17:05.640] Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:05.640 --> 17:07.640] in the Austin Metro area.
[17:07.640 --> 17:08.800] We also ship worldwide.
[17:08.800 --> 17:13.320] We're a family owned and operated business that offers competitive prices on your coin
[17:13.320 --> 17:14.320] and metals purchases.
[17:14.320 --> 17:19.200] Because of you, Austin, business has been so good that we've had to move to a new and
[17:19.200 --> 17:20.200] bigger location.
[17:20.200 --> 17:26.960] We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous
[17:26.960 --> 17:27.960] location.
[17:27.960 --> 17:31.800] We're on the west side of Burnett Road in the Stanley Insurance Building on the ground
[17:31.800 --> 17:35.560] floor next to the Ishibon Sushi and the Genie Car Wash.
[17:35.560 --> 17:39.360] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[17:39.360 --> 17:45.520] You're welcome to stop in during regular business hours or call 512-646-6440.
[17:45.520 --> 17:49.960] Ask for Chad or Becky and say that you heard about us on Rural Law Radio or Texas Liberty
[17:49.960 --> 17:50.960] Radio.
[17:50.960 --> 17:52.440] That's Capital Coin and Bullion.
[17:52.440 --> 18:00.520] At our new location at 7304 Burnett Road, Suite A, we'll call 512-646-6440.
[18:00.520 --> 18:05.840] Are you being harassed by debt collectors with phone calls, letters or even losses?
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[18:19.480 --> 18:25.240] civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.240 --> 18:29.840] letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.840 --> 18:34.040] financial tables on them and make them pay you to go away.
[18:34.040 --> 18:38.880] The Michael Mears Proven Method is the solution for how to stop debt collectors.
[18:38.880 --> 18:41.040] Personal consultation is available as well.
[18:41.040 --> 18:46.840] For more information, please visit RuralLawRadio.com and click on the blue Michael Mears banner
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[18:49.720 --> 18:59.360] That's RuralLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors
[18:59.360 --> 19:00.360] now.
[19:00.360 --> 19:29.480] All right, folks, we are back.
[19:29.480 --> 19:34.480] This is RuralLawRadio 512-646-984, the call-in number.
[19:34.480 --> 19:37.520] Right now, we're going to go ahead and start taking your calls.
[19:37.520 --> 19:39.520] We've got Mike, Matt and Gary.
[19:39.520 --> 19:41.520] We're going to start off with Mike and Tennessee.
[19:41.520 --> 19:43.240] Mike, what can we do for you?
[19:43.240 --> 19:45.240] How you doing, Eddie?
[19:45.240 --> 19:46.240] I'm doing all right.
[19:46.240 --> 19:47.240] How are you?
[19:47.240 --> 19:48.240] I'm doing super.
[19:48.240 --> 19:53.640] This is like a part two of what we talked about last week about the meth.
[19:53.640 --> 19:55.280] This is the lady with the drug house?
[19:55.280 --> 19:56.280] Yes.
[19:56.280 --> 19:57.760] She finally got out of jail.
[19:57.760 --> 20:02.160] And so, she was so nervous and everything because while she was in there, they didn't
[20:02.160 --> 20:07.520] give her any medical attention like she should have, and she had heart trouble, and she said
[20:07.520 --> 20:10.040] she had two comas while she was in there.
[20:10.040 --> 20:15.000] So, she was really tore up, you know, real nervous, so I didn't get to talk to her till
[20:15.000 --> 20:20.000] Friday and Saturday a little bit about it, so she kind of went in to tell me about it.
[20:20.000 --> 20:24.000] And so, it's got three different twists to it, and I thought you'd really like to hear
[20:24.000 --> 20:26.680] this because it's unbelievable.
[20:26.680 --> 20:33.880] So, let's start with kind of like one of the main parts, is she has a duplex that she
[20:33.880 --> 20:37.720] rents from a guy and his name's Bob, he's the landlord.
[20:37.720 --> 20:43.760] And the other side is originally rent by her daughter, but her daughter's getting married
[20:43.760 --> 20:49.040] and has moved to Atlanta, Georgia, so the other side is it doesn't look good at all
[20:49.040 --> 20:53.680] because she had a dog and, you know, it need to be cleaned up and shampooed and everything
[20:53.680 --> 20:54.680] like that.
[20:54.680 --> 21:01.280] So, Bob the landlord had a guy that he had hired to go over there and clean the other
[21:01.280 --> 21:06.360] side of the duplex up, it's the other side of the duplex, and he was going to pay a guy
[21:06.360 --> 21:11.760] like a thousand bucks to go in there and shampoo the carpet and repaint it and just kind of
[21:11.760 --> 21:14.160] clean up and do some things to it.
[21:14.160 --> 21:19.080] Well, the 50 year old lady that lives on the other side was in on the conversation and
[21:19.080 --> 21:22.760] she says, I know a guy named Dave that lives here in the community.
[21:22.760 --> 21:29.240] He can do it and let him stay there a little bit and he'll do a good job.
[21:29.240 --> 21:34.920] And so, Bob the landlord met with him and so all of them stood at the front of the yard
[21:34.920 --> 21:37.720] with a neighbor friend and they all discussed that.
[21:37.720 --> 21:44.440] So Bob's okayed Dave to stay there for a while and clean the place up and paint it and everything
[21:44.440 --> 21:47.880] and so Bob supplied the paint and stuff like that.
[21:47.880 --> 21:53.880] Okay, so the 50 year old lady's out of this now, I'm thinking because she didn't contract
[21:53.880 --> 21:57.760] with Dave, he contracted straight with the landlord.
[21:57.760 --> 22:01.960] Okay, the 50 year old lady being the lady that got arrested?
[22:01.960 --> 22:02.960] Yes.
[22:02.960 --> 22:04.480] Or is this a different neighbor?
[22:04.480 --> 22:06.160] Nope, nope, nope, you're exactly right.
[22:06.160 --> 22:12.800] The 50 year old lady is who originally rents the duplex the whole side, both sides because
[22:12.800 --> 22:17.120] her daughter was in B-side, but her daughter's moved out.
[22:17.120 --> 22:21.560] Right, I'm just trying to keep the references straight here because you're interchanging
[22:21.560 --> 22:26.120] the discussion topic names, so I'm just trying to keep them correlated.
[22:26.120 --> 22:31.160] Okay, so the 50 year old neighbor is the lady that got arrested in conjunction with this
[22:31.160 --> 22:32.160] raid?
[22:32.160 --> 22:38.480] Yes, she's not a neighbor, she rents that duplex the A-side, her name's Mariah.
[22:38.480 --> 22:41.560] She has the name, she has the other side of the duplex.
[22:41.560 --> 22:47.400] Yes, she rents both sides and has done that for three years because her daughter, you
[22:47.400 --> 22:50.280] know, hands her the money and she pays for it, okay?
[22:50.280 --> 22:51.280] One check.
[22:51.280 --> 22:52.280] Right.
[22:52.280 --> 22:53.280] I got that.
[22:53.280 --> 22:58.280] So Mariah's thinking that when Dave goes on and cleans it up, that he could start paying
[22:58.280 --> 23:02.960] for the other side and have the rent, so it sounds good to her, you know?
[23:02.960 --> 23:07.760] Okay, now you change topics again, Mariah is also the 50 year old lady?
[23:07.760 --> 23:09.920] Yes, Mariah's the 50 year old lady.
[23:09.920 --> 23:17.000] She's thinking, I like that idea that Bob, the owner of the place, has, okay, Dave to
[23:17.000 --> 23:22.040] stay over and fix it up and clean it up and he can pay the other half of the rent.
[23:22.040 --> 23:25.080] So my rent will be lowered.
[23:25.080 --> 23:27.120] So that's the way Mariah's thinking about this.
[23:27.120 --> 23:31.920] So at that point, she feels like she's out of it because she didn't contract with Dave
[23:31.920 --> 23:38.160] to go over and clean that side of the duplex up or anything.
[23:38.160 --> 23:41.280] So Dave is staying over?
[23:41.280 --> 23:49.080] By any chance did Bob get the locks changed at any time here when Dave started this process?
[23:49.080 --> 23:50.080] No.
[23:50.080 --> 23:57.760] Okay, so the Mariah's key would still work on the other side that these officers actually
[23:57.760 --> 23:59.560] asked about originally?
[23:59.560 --> 24:00.560] Yes.
[24:00.560 --> 24:02.840] Okay, all right, go ahead.
[24:02.840 --> 24:04.280] Okay, now then.
[24:04.280 --> 24:10.160] So Dave, what he kind of does, he does a little bit of everything and things were a little
[24:10.160 --> 24:13.800] bit slow and he does roofing.
[24:13.800 --> 24:19.560] And so he went to Knoxville, which is 100 miles away, and did a roofing job.
[24:19.560 --> 24:25.200] And while he was gone, he told this second guy he could stay there and he had a checklist
[24:25.200 --> 24:30.000] of five things for him to finish, like some of them was like fixing some plumbing underneath
[24:30.000 --> 24:32.040] the sink and odd things.
[24:32.040 --> 24:38.080] So he left that list with Mariah and asked her to check on this second guy to make sure
[24:38.080 --> 24:40.240] he was working while he was staying there.
[24:40.240 --> 24:44.560] So this guy was going to be gone like three or four days, 100 miles away putting a roof
[24:44.560 --> 24:47.080] on a house, doing a job.
[24:47.080 --> 24:50.040] So this guy gets the okay to stay there.
[24:50.040 --> 24:58.080] The second guy, I don't know how well he knows this third guy, but the third guy comes in
[24:58.080 --> 25:03.920] and brings the math lab and starts all of that, and it's smoking so bad the neighbors
[25:03.920 --> 25:10.960] call the fire department to come and the police beat them there and go in and let me just
[25:10.960 --> 25:16.040] stop it right there and I want to get your view on things so far about what's the contract
[25:16.040 --> 25:19.000] so far and then we'll go into this next part.
[25:19.000 --> 25:27.160] Well, at this point, the issue comes down to the guy Dave that was originally put into
[25:27.160 --> 25:29.560] the apartment.
[25:29.560 --> 25:34.360] What authority was he giving the other guy to be in the apartment and stay there?
[25:34.360 --> 25:38.840] Did Bob give him approval to have somebody else stay there with him?
[25:38.840 --> 25:39.840] I don't think so.
[25:39.840 --> 25:46.000] I don't think that Bob gave him that approval, so he was acting whole on his own when he
[25:46.000 --> 25:51.680] okayed that second guy to come in there and do a little additional work while he was out
[25:51.680 --> 25:52.680] of town.
[25:52.680 --> 25:53.680] Okay.
[25:53.680 --> 26:02.160] The other problem here is, is who has written and signed any affidavits on any of this?
[26:02.160 --> 26:11.360] Because everything you're telling me, Bob, Dave, and Maria need to be putting into affidavits.
[26:11.360 --> 26:13.800] I agree, and that's what will be done tomorrow.
[26:13.800 --> 26:18.640] I'm just wanting to get all the facts the way it should be on paper.
[26:18.640 --> 26:22.400] We've got it like 90% finished, I just wanted to make sure on these things.
[26:22.400 --> 26:28.520] Okay, well, at this point, guy number two and guy number three obviously are in cahoots
[26:28.520 --> 26:33.680] together on this because I failed to see how two could be doing the work in the duplex
[26:33.680 --> 26:37.640] and three sitting in there cooking away and two not know about it.
[26:37.640 --> 26:42.360] I'll let's at least say that because I don't see how it could be any other way because
[26:42.360 --> 26:44.960] he invited him in, so he's responsible.
[26:44.960 --> 26:46.960] But the guy Dave does know.
[26:46.960 --> 26:49.160] Yeah, but Dave invited two in.
[26:49.160 --> 26:51.320] Yes, and he's out of town.
[26:51.320 --> 26:57.160] And he thinks this guy, because he gives him instructions on take care of this place, keep
[26:57.160 --> 27:02.160] the doors locked, do this, here's a checklist, and Maria's going to check on you to make
[27:02.160 --> 27:03.640] sure you're doing right.
[27:03.640 --> 27:06.600] And so that is what Maria did that morning.
[27:06.600 --> 27:12.120] She went over with this checklist and seen how much of that he had been working on it.
[27:12.120 --> 27:17.320] He had been working on it, so she was satisfied with the work and went back over on her side
[27:17.320 --> 27:18.320] and stayed there.
[27:18.320 --> 27:24.120] And how did she not notice the smoke pouring out of the apartment if the neighbors did?
[27:24.120 --> 27:31.000] Because we're talking about 11 o'clock that morning, and this happened who knows when,
[27:31.000 --> 27:32.000] but the police came.
[27:32.000 --> 27:35.560] Okay, 11 o'clock on which morning after Dave left?
[27:35.560 --> 27:38.680] Okay, I'm not clear on when Dave left.
[27:38.680 --> 27:45.400] He left Sunday night or Monday morning, but this happened Monday night at 11 o'clock
[27:45.400 --> 27:47.560] is when the police were called.
[27:47.560 --> 27:52.800] Okay, when did the pouring of the smoke from the duplex begin?
[27:52.800 --> 27:56.920] I'm only guessing, we'll say 10 o'clock or 9 or something like that, because the neighbors
[27:56.920 --> 27:58.920] seen it at that time, see.
[27:58.920 --> 28:02.000] Okay, so it was already after dark?
[28:02.000 --> 28:04.920] I would have to guess, I can't say.
[28:04.920 --> 28:08.520] That would make sense with the guy moving his meth lab components in under the cover
[28:08.520 --> 28:10.840] of darkness so he wouldn't be seen.
[28:10.840 --> 28:11.840] That's what I'm thinking.
[28:11.840 --> 28:17.720] So Maria went over that morning at 11 a.m., and she don't see nothing.
[28:17.720 --> 28:20.760] She don't see, everything looks really good to her.
[28:20.760 --> 28:25.960] And she's just over there and does a little look at, to see around, and everything looks
[28:25.960 --> 28:27.320] a-okay to her.
[28:27.320 --> 28:30.520] And so she goes back over to her side, so everything's good.
[28:30.520 --> 28:34.960] She never goes back over again, had no reason to, no doubt, anything.
[28:34.960 --> 28:38.760] So here's what happened.
[28:38.760 --> 28:41.240] Let me ask you about contracts so far.
[28:41.240 --> 28:45.520] How do you feel about what's the relationship with all these contracts here?
[28:45.520 --> 28:53.760] Well, the moment that Bob had given Dave permission to lease that side and to live there, Maria
[28:53.760 --> 28:55.760] should have surrendered the key.
[28:55.760 --> 28:58.160] That should have been thing number one.
[28:58.160 --> 29:03.840] But as far as the other contracts go, these are all oral, I'm assuming.
[29:03.840 --> 29:06.600] They're verbal agreements.
[29:06.600 --> 29:09.080] Nobody did anything in writing.
[29:09.080 --> 29:12.400] So her name is still on the lease side over there.
[29:12.400 --> 29:14.880] That creates a problem for her.
[29:14.880 --> 29:21.000] The only way she has an out for that is for Bob's affidavit to say that her lease was
[29:21.000 --> 29:25.680] up as of this date and this time and was surrendered today for these purposes.
[29:25.680 --> 29:26.680] Okay.
[29:26.680 --> 29:27.680] What about-
[29:27.680 --> 29:30.600] And they just had not had time to complete the paperwork.
[29:30.600 --> 29:31.600] Okay.
[29:31.600 --> 29:36.160] Now here's something that a neighbor was there when all of them sat down and talked about
[29:36.160 --> 29:37.160] this.
[29:37.160 --> 29:38.160] All right, Mike.
[29:38.160 --> 29:39.160] We're going to take a break.
[29:39.160 --> 29:40.160] So hang on just a minute.
[29:40.160 --> 29:42.440] We'll pick this up and finish it up real quick on the other side.
[29:42.440 --> 29:44.880] Matt, Gary, Boris, we see you on the board.
[29:44.880 --> 29:45.880] Hang in there.
[29:45.880 --> 29:47.440] We'll be right back on the other side of the break.
[29:47.440 --> 29:49.640] This is rule of law radio.
[29:49.640 --> 29:51.920] Give us a call if you have a question or an issue.
[29:51.920 --> 29:55.480] 512-646-1984.
[29:55.480 --> 29:56.760] This is traffic night.
[29:56.760 --> 29:57.760] Not mortgage night.
[29:57.760 --> 29:58.760] So let's keep it similar.
[29:58.760 --> 29:59.760] I lost my son.
[29:59.760 --> 30:00.760] My nephew.
[30:00.760 --> 30:01.760] My uncle.
[30:01.760 --> 30:02.760] My son.
[30:02.760 --> 30:04.560] On September 11, 2001.
[30:04.560 --> 30:08.120] Most people don't know that a third tower fell on September 11.
[30:08.120 --> 30:12.200] Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.200 --> 30:18.080] Although the official explanation is that fire brought down building 7, over 1,200 architects
[30:18.080 --> 30:21.840] and engineers has looked into the evidence and believed there is more to the story.
[30:21.840 --> 30:23.320] Bring justice to my son.
[30:23.320 --> 30:24.320] My uncle.
[30:24.320 --> 30:25.320] My nephew.
[30:25.320 --> 30:26.320] My son.
[30:26.320 --> 30:27.320] Go to building what.org.
[30:27.320 --> 30:28.320] Why it fell.
[30:28.320 --> 30:29.320] Why it matters.
[30:29.320 --> 30:32.320] And what you can do.
[30:32.320 --> 30:36.680] Energy drinks are all the rage these days, but nowadays even young children are chugging
[30:36.680 --> 30:39.960] beverages like Red Bull and Rockstar on the way to school.
[30:39.960 --> 30:45.560] I'm Dr. Catherine Albrecht and I'll be back in a moment with more on this dangerous trend.
[30:45.560 --> 30:47.160] Privacy is under attack.
[30:47.160 --> 30:50.760] When you give up data about yourself, you'll never get it back again.
[30:50.760 --> 30:55.520] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:55.520 --> 30:56.960] So protect your rights.
[30:56.960 --> 31:00.680] Say no to surveillance and keep your information to yourself.
[31:00.680 --> 31:01.680] Privacy.
[31:01.680 --> 31:03.280] It's worth hanging on to.
[31:03.280 --> 31:07.600] This public service announcement is brought to you by StartPage.com, the private search
[31:07.600 --> 31:11.120] engine alternative to Google, Yahoo, and Bing.
[31:11.120 --> 31:14.360] Start over with StartPage.
[31:14.360 --> 31:18.160] They say that waking up is hard to do.
[31:18.160 --> 31:23.400] It's tough rolling out of bed in the morning, but now even young people are turning to caffeinated
[31:23.400 --> 31:25.880] energy drinks to kickstart their days.
[31:25.880 --> 31:30.440] According to the Journal of Pediatrics, up to 50% of American youth are consuming them
[31:30.440 --> 31:32.000] despite the risks.
[31:32.000 --> 31:34.720] Many of these drinks contain large amounts of caffeine.
[31:34.720 --> 31:40.080] Eight ounces of red bull, for example, contains about the same caffeine as a cup of coffee.
[31:40.080 --> 31:44.320] Pediatricians caution that youngsters can have a difficult time handling the caffeine rush.
[31:44.320 --> 31:48.880] While many kids just get wired or irritable, other potential effects include seizures,
[31:48.880 --> 31:52.320] heart palpitations, strokes, or even sudden death.
[31:52.320 --> 31:54.360] I'm Dr. Catherine Albrecht.
[31:54.360 --> 32:23.640] Here's your news and information at CatherineAlbrecht.com.
[32:24.360 --> 32:42.520] This being the issue, the way it is, let me summarize all this.
[32:42.520 --> 32:46.000] Maria is the lady who lives in a duplex.
[32:46.000 --> 32:52.480] Her daughter lived inside B, Maria lives inside A. The daughter got married and moved out.
[32:52.480 --> 32:58.240] Maria's name is on the lease for both side A and B, and she's responsible for the rent
[32:58.240 --> 33:00.760] on both A and B.
[33:00.760 --> 33:09.160] However, Bob, the property owner, decided that he would take it upon himself to hire a guy
[33:09.160 --> 33:14.440] named Dave to come in, who was recommended by someone in the neighborhood, by the way,
[33:14.440 --> 33:18.720] to come in and do the repair work that needed to be done because the daughter owned a dog
[33:18.720 --> 33:23.320] that kind of messed the place up a little bit and needed some additional work.
[33:23.320 --> 33:29.120] So David was brought in to do this additional work and was allowed to take possession and
[33:29.120 --> 33:32.960] live in the side B of the duplex.
[33:32.960 --> 33:39.760] However, at this time, no lease paperwork has been done to change the lease from Maria's
[33:39.760 --> 33:43.240] name to David's name.
[33:43.240 --> 33:47.520] Maria still holds a key that operates the existing locks.
[33:47.520 --> 33:52.680] David leaves town for three days to do a roofing job in another town.
[33:52.680 --> 33:58.480] While he's gone, he brings in another individual to do the maintenance work that he agreed
[33:58.480 --> 34:04.680] to do for the three days he was gone and left a list of things for this guy that needed
[34:04.680 --> 34:10.080] to be repaired, and gave a copy of the list to Maria and asked her to check up on guy
[34:10.080 --> 34:16.120] number two to make sure the work was done, which Maria did once on the day in question
[34:16.120 --> 34:20.680] around 11 a.m. if I understood you correctly.
[34:20.680 --> 34:26.400] Guy number two, at some point in that particular day, invites guy number three who under the
[34:26.400 --> 34:32.920] cover of darkness sneaks in all the components and assembles and initiates production on
[34:32.920 --> 34:35.400] a meth lab.
[34:35.400 --> 34:41.120] Neighbors see the smoke, neighbors call the cops, cops arrive, drug production in full
[34:41.120 --> 34:44.280] swing, suddenly we got a problem.
[34:44.280 --> 34:48.560] They go next door, ask Maria what's going on, do you have a key?
[34:48.560 --> 34:51.840] Yes, I've got a key, good, you're under arrest.
[34:51.840 --> 34:54.360] That about summed it up.
[34:54.360 --> 34:55.360] You nailed it.
[34:55.360 --> 35:04.840] Okay, Mike, listen, Bob, the owner, and Dave, and Maria all need to submit affidavits to
[35:04.840 --> 35:13.000] this matter, especially the part about when Bob decided to lease outside B to Dave and
[35:13.000 --> 35:20.080] just hadn't had a chance to change the paperwork yet so that Maria can be in the clear.
[35:20.080 --> 35:27.560] And Dave needs to submit an affidavit saying, I brought in my friends to finish this work
[35:27.560 --> 35:29.680] for me while I was out of town on the roofing job.
[35:29.680 --> 35:37.120] I had no idea that my friend, guy number two, was going to bring in guy number three.
[35:37.120 --> 35:39.520] Or that they were in cahoots on a meth lab.
[35:39.520 --> 35:40.520] Exactly.
[35:40.520 --> 35:41.520] Exactly.
[35:41.520 --> 35:48.720] And one of my thoughts going to add in that is when the landlord, Bob, okayed Dave to
[35:48.720 --> 35:52.680] stay there, you know, and Maria was staying there and the neighbor also was witnessing
[35:52.680 --> 35:53.680] all this.
[35:53.680 --> 35:59.240] All of a sudden, her obligation, because she can't sublet it and she had nothing to do
[35:59.240 --> 36:03.600] with the hiring or that guy staying over, she has no part of that.
[36:03.600 --> 36:09.800] The landlord initiated that 100%, doesn't that have him with a 100% liability?
[36:09.800 --> 36:10.800] Yes and no.
[36:10.800 --> 36:16.760] The problem is Maria had a key that operated the locks to side B.
[36:16.760 --> 36:22.320] And there was a lease, a rental lease in place on paper that said that she had it was renting
[36:22.320 --> 36:28.640] both side A and B. That's why I'm saying Bob needs to write in his affidavit that he
[36:28.640 --> 36:35.680] had changed the lease agreement and had made an oral lease agreement, a verbal lease agreement
[36:35.680 --> 36:42.000] with Dave and just hadn't had a chance to change the paperwork yet to get Maria's name
[36:42.000 --> 36:44.680] off the lease agreement for side B.
[36:44.680 --> 36:48.400] You're asking for a miracle because he is not going to do that because his attorney
[36:48.400 --> 36:51.520] has told him not to say anything, nobody about anything.
[36:51.520 --> 36:53.800] Well then, then Maria's got a problem.
[36:53.800 --> 37:01.000] Well, if Maria can get corroborating testimony from Dave that this is how the deal went down
[37:01.000 --> 37:07.320] and Bob doesn't want to step up and say, yeah, that's right, then Bob himself is going to
[37:07.320 --> 37:10.560] have a problem regardless of what his attorney is telling him.
[37:10.560 --> 37:15.880] You may want to get this neighbor witness to submit an affidavit saying, yes, I saw this
[37:15.880 --> 37:17.480] transaction take place.
[37:17.480 --> 37:22.720] I was there when the owner Bob sub let side B to Dave.
[37:22.720 --> 37:23.720] Yep.
[37:23.720 --> 37:27.200] Now that's the only thing he's a witness to, but I thought that was really the key point
[37:27.200 --> 37:28.200] of this whole thing.
[37:28.200 --> 37:32.440] That is a key point because if Bob is not going to admit that he changed the rental
[37:32.440 --> 37:43.560] agreement verbally, then it's up to Maria and Dave to submit affidavits to this effect
[37:43.560 --> 37:48.200] and if they can get a third party witness to that effect, then it doesn't matter that
[37:48.200 --> 37:50.000] Bob's not going to submit an affidavit.
[37:50.000 --> 37:51.240] But that's the main thing.
[37:51.240 --> 37:56.480] If y'all can get that neighbor witness to submit an affidavit saying, yes, I witnessed
[37:56.480 --> 38:03.600] this verbal transaction when owner Bob decided to discharge the lease from side B from Maria
[38:03.600 --> 38:06.680] and lease side B to Dave.
[38:06.680 --> 38:10.640] If there's a third party submitting an affidavit on that, that will make this much stronger
[38:10.640 --> 38:13.840] and Maria will have a chance to get out of this.
[38:13.840 --> 38:14.840] Okay.
[38:14.840 --> 38:15.840] That's what they're saying.
[38:15.840 --> 38:16.840] Yeah.
[38:16.840 --> 38:20.000] And if Maria does wind up having to get legal counsel to cover this, the very first thing
[38:20.000 --> 38:24.440] it needs to be done is to insist that legal counsel depose Bob.
[38:24.440 --> 38:25.440] Absolutely.
[38:25.440 --> 38:26.440] Okay.
[38:26.440 --> 38:27.440] All right.
[38:27.440 --> 38:30.320] Now, then one final side note to this whole thing.
[38:30.320 --> 38:36.600] The third guy has got a nickname and his nickname's Cookie and that's all the second guy knows
[38:36.600 --> 38:37.600] his name at.
[38:37.600 --> 38:38.600] I wonder why.
[38:38.600 --> 38:40.920] The second guy's not very bright, is he?
[38:40.920 --> 38:41.920] Okay.
[38:41.920 --> 38:47.960] Here's another part, as they were saying, is the third guy, when the police was there,
[38:47.960 --> 38:52.840] he'd been there like 15 minutes, the guy hid somewhere in that building and he slipped
[38:52.840 --> 38:57.440] out of the side door and they'd seen him walking out and going through the woods and they didn't
[38:57.440 --> 38:58.840] go after him.
[38:58.840 --> 39:00.760] I don't know why.
[39:00.760 --> 39:07.640] That just is really funny though how Cookie, this third guy on this, he doesn't get arrested,
[39:07.640 --> 39:09.440] boy everybody else sure does.
[39:09.440 --> 39:13.360] Well, I'd look and see if Cookie is maybe a police plant.
[39:13.360 --> 39:14.880] See, that's the thing though.
[39:14.880 --> 39:18.880] How do you find Cookie when you don't find a name, address, you know, and no one knows
[39:18.880 --> 39:19.880] him?
[39:19.880 --> 39:20.880] Well, you can't.
[39:20.880 --> 39:21.880] That's why you just, you know, you have to be careful.
[39:21.880 --> 39:26.120] When you would think that someone that already had that nickname in the community would also
[39:26.120 --> 39:29.400] have that nickname alias with the police force.
[39:29.400 --> 39:32.720] If he isn't known, then he will have a record.
[39:32.720 --> 39:36.840] If he has a record, I'd go down and start demanding to look at mugshots.
[39:36.840 --> 39:38.840] Okay, okay.
[39:38.840 --> 39:44.040] Well, see, I don't think Maria's seen, you know, the only person that's seen Cookie is
[39:44.040 --> 39:45.040] the second guy.
[39:45.040 --> 39:49.160] Well, then how do you know that he slipped out and the police saw him and didn't arrest
[39:49.160 --> 39:50.160] him?
[39:50.160 --> 39:51.160] Yeah.
[39:51.160 --> 39:55.760] And the story of a third guy, what if guy number two is also guy number three?
[39:55.760 --> 39:56.760] Yeah.
[39:56.760 --> 39:57.760] Nobody's ever seen him or heard of him.
[39:57.760 --> 40:00.560] It could, there may not even be a guy number three.
[40:00.560 --> 40:06.280] Now, here's one little part of, I want to add to this is when they arrested Maria and
[40:06.280 --> 40:12.360] they got her in there, there was, I think the captain of that particular shift, one
[40:12.360 --> 40:17.720] of the guy that arrest Maria, they're standing there and they're laughing toward each other.
[40:17.720 --> 40:22.680] And one police officer says to the captain, police officer said, did you make your quota
[40:22.680 --> 40:24.480] this month?
[40:24.480 --> 40:30.440] And the captain says, yeah, that this lady right here helped me make it.
[40:30.440 --> 40:35.440] It's like, the reason why they arrested Maria is just so they can make their damn quota.
[40:35.440 --> 40:40.160] Well, yeah, but she would have a hard time putting that in the record.
[40:40.160 --> 40:45.040] She would have gotten arrested anyway because her name is on the lease and she had a key
[40:45.040 --> 40:46.520] to the other side.
[40:46.520 --> 40:47.840] No quota, no quota, no quota, no quota, no quota, no quota, no quota, no quota, no quota,
[40:47.840 --> 40:50.440] that doesn't really matter in this particular situation.
[40:50.440 --> 40:51.440] She doesn't like that.
[40:51.440 --> 40:55.440] And they just horse life to her, just to treat her like a dog this whole time, you know,
[40:55.440 --> 40:58.840] like she's just some kind of, you know, mass murderer.
[40:58.840 --> 41:01.400] Well, of course, they're always going to do that.
[41:01.400 --> 41:02.400] Yeah.
[41:02.400 --> 41:06.680] But Mike, if that's all you got, we got to move on, bud.
[41:06.680 --> 41:08.080] Thanks so much for all your help.
[41:08.080 --> 41:09.080] Okay.
[41:09.080 --> 41:10.720] Get those up at Davidson, Mike.
[41:10.720 --> 41:11.720] I am tomorrow.
[41:11.720 --> 41:12.720] Okay.
[41:12.720 --> 41:13.720] All right.
[41:13.720 --> 41:14.720] Bye.
[41:14.720 --> 41:15.720] Bye.
[41:15.720 --> 41:16.720] Okay.
[41:16.720 --> 41:19.720] Gary, Boris, let's go ahead and go to Matt.
[41:19.720 --> 41:21.720] What do you got for us, Matt?
[41:21.720 --> 41:22.720] Okay.
[41:22.720 --> 41:24.720] Can you hear me?
[41:24.720 --> 41:26.720] Yeah, I can hear you.
[41:26.720 --> 41:27.720] Okay.
[41:27.720 --> 41:28.720] I'm very skeptical.
[41:28.720 --> 41:36.720] I was kind of put up to this call by a friend and I don't want to follow a bunch of bar
[41:36.720 --> 41:42.720] grievances or inundate people with paperwork, but I want to help a friend.
[41:42.720 --> 41:45.720] Mike, are you, Matt, are you on a headset?
[41:45.720 --> 41:46.720] No.
[41:46.720 --> 41:47.720] Okay.
[41:47.720 --> 41:51.720] Are you in a place where it's windy because you're kind of hard to understand.
[41:51.720 --> 41:52.720] Okay.
[41:52.720 --> 41:54.720] I just took it off the speakerphone.
[41:54.720 --> 41:55.720] Yeah.
[41:55.720 --> 41:56.720] Yeah.
[41:56.720 --> 41:57.720] That's what I was.
[41:57.720 --> 41:58.720] Yeah.
[41:58.720 --> 41:59.720] People, please don't use the speakerphone.
[41:59.720 --> 42:02.720] I try to tell everybody when I screen the calls, no speakerphone, no headsets.
[42:02.720 --> 42:03.720] Gotcha.
[42:03.720 --> 42:04.720] Okay.
[42:04.720 --> 42:05.720] Go ahead, Matt.
[42:05.720 --> 42:06.720] Okay.
[42:06.720 --> 42:07.720] I'm repeating myself.
[42:07.720 --> 42:09.720] I'm very skeptical of this program.
[42:09.720 --> 42:15.720] I don't want to inundate people with paperwork and I don't want to follow a bunch of bar grievances.
[42:15.720 --> 42:21.720] I don't want to cause problems for this person, but I have a very dear friend who's in the
[42:21.720 --> 42:29.720] Collin County Jail and I've just received notice from her court appointed attorney of her
[42:29.720 --> 42:31.720] examining trial.
[42:31.720 --> 42:36.720] And my question to you is what can I do if anything?
[42:36.720 --> 42:38.720] Maybe there's nothing.
[42:38.720 --> 42:43.720] Other than emotional support, just to say, you just exchanged glances across the courtroom.
[42:43.720 --> 42:48.720] What can I do to help her at this examining trial?
[42:48.720 --> 42:50.720] This is for a DWI.
[42:50.720 --> 42:55.720] They're claiming this third offense felony charge.
[42:55.720 --> 42:59.720] I don't know what else to tell you.
[42:59.720 --> 43:00.720] Okay.
[43:00.720 --> 43:04.720] As far as what you can do, I'm not really sure what you're asking here.
[43:04.720 --> 43:06.720] She's got a court appointed attorney.
[43:06.720 --> 43:11.720] The only thing you can do is to make sure that he does what the law requires him to do.
[43:11.720 --> 43:13.720] I don't know what that is.
[43:13.720 --> 43:15.720] You don't?
[43:15.720 --> 43:17.720] No, I do not.
[43:17.720 --> 43:19.720] I do not know what an examining trial is.
[43:19.720 --> 43:22.720] Read chapter 16 of the Texas Code of Criminal Procedure.
[43:22.720 --> 43:26.720] It'll tell you what an examining trial is.
[43:26.720 --> 43:29.720] Okay.
[43:29.720 --> 43:30.720] Okay.
[43:30.720 --> 43:32.720] Can you enlighten me a little bit there?
[43:32.720 --> 43:34.720] An examining trial is held.
[43:34.720 --> 43:37.720] It's just like a real trial, except there's no jury.
[43:37.720 --> 43:41.720] But you get to testify, have witnesses, and introduce evidence.
[43:41.720 --> 43:43.720] And it's reviewed by the judge.
[43:43.720 --> 43:45.720] But if you'll hang on just a second, we're going to break.
[43:45.720 --> 43:48.720] We'll pick this up on the other side, okay?
[43:48.720 --> 43:49.720] All right, folks.
[43:49.720 --> 43:51.720] This is the rule of all radio.
[43:51.720 --> 43:54.720] 512-646-934 is the call-in number.
[43:54.720 --> 43:56.720] If you've got an issue or a question, give us a call.
[43:56.720 --> 44:00.720] We'll be right back.
[44:00.720 --> 44:03.720] Are you the plaintiff or defendant in a lawsuit?
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[44:55.720 --> 45:00.720] Or call toll-free 866-LAW-EASY.
[45:00.720 --> 45:03.720] It is so enlightening to listen to 90.1 FM,
[45:03.720 --> 45:06.720] but finding things on the Internet isn't so easy,
[45:06.720 --> 45:09.720] and neither is finding like-minded people to share it with.
[45:09.720 --> 45:12.720] Oh, well, I guess you haven't heard of Brave New Books, then.
[45:12.720 --> 45:13.720] Brave New Books?
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[45:14.720 --> 45:16.720] Brave New Books has all the books and DVDs
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[45:20.720 --> 45:22.720] They even stock inner food,
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[45:29.720 --> 45:31.720] It's downtown at 1904 Guadalupe Street,
[45:31.720 --> 45:33.720] just south of UT.
[45:33.720 --> 45:34.720] Oh, by UT?
[45:34.720 --> 45:36.720] There's never anywhere to park down there.
[45:36.720 --> 45:39.720] Actually, they now offer a free hour of parking
[45:39.720 --> 45:42.720] for paying customers at the 500 MLK parking facility
[45:42.720 --> 45:44.720] just behind the bookstore.
[45:44.720 --> 45:47.720] It does exist, but when are they open?
[45:47.720 --> 45:49.720] Monday through Saturday,
[45:49.720 --> 45:52.720] 9 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[45:52.720 --> 45:56.720] So give them a call at 512-480-2503
[45:56.720 --> 46:25.720] or check out their events page at bravenewbookstore.com.
[46:25.720 --> 46:27.720] That's the center of the soldier.
[46:27.720 --> 46:28.720] Don't worry, your heart's locked.
[46:28.720 --> 46:31.720] He's got the land to keep to the peace.
[46:31.720 --> 46:34.720] All they're taking is a misunderstanding.
[46:34.720 --> 46:36.720] Somebody calls the police.
[46:36.720 --> 46:42.720] Watchin' the spotlight.
[46:42.720 --> 46:48.720] Watchin' the spotlight.
[46:48.720 --> 46:54.720] Watchin' the spotlight.
[46:54.720 --> 46:56.720] Watchin' the spotlight.
[46:56.720 --> 46:58.720] All right, folks, we are back.
[46:58.720 --> 47:02.720] This is Rule of Law Radio 512-646.
[47:02.720 --> 47:04.720] 1984 is the call-in number.
[47:04.720 --> 47:06.720] All right, Matt, let's continue with this.
[47:06.720 --> 47:08.720] Chapter 16 of the Code of Criminal Procedure
[47:08.720 --> 47:10.720] tells you what an examining trial is.
[47:10.720 --> 47:13.720] An examining trial is basically the same thing
[47:13.720 --> 47:16.720] as actual trial without the jury
[47:16.720 --> 47:19.720] and without a finding of guilty.
[47:19.720 --> 47:22.720] All it is is a trial that's conducted
[47:22.720 --> 47:26.720] basically in the same manner as the other trial,
[47:26.720 --> 47:30.720] as a real trial, except that both the accused
[47:30.720 --> 47:33.720] and his attorney gets to question witnesses.
[47:33.720 --> 47:36.720] The witness statements are to be written down,
[47:36.720 --> 47:38.720] so on and so forth.
[47:38.720 --> 47:43.720] But the whole purpose of it is to check into
[47:43.720 --> 47:46.720] whether or not there is probable cause
[47:46.720 --> 47:50.720] and evidence sufficient enough to go to trial.
[47:50.720 --> 47:53.720] That's really what it is.
[47:53.720 --> 47:57.720] They refer to this not only as examining trial,
[47:57.720 --> 47:59.720] but pre-indictment.
[47:59.720 --> 48:03.720] And I was there with her the night she was arrested for this.
[48:03.720 --> 48:09.720] And this is a field sobriety test.
[48:09.720 --> 48:14.720] This is in Colorado County Plano.
[48:14.720 --> 48:19.720] Anyway, they just spent an enormous amount of time
[48:19.720 --> 48:22.720] taking her through this field sobriety test.
[48:22.720 --> 48:24.720] It's ridiculous.
[48:24.720 --> 48:27.720] Did they do a breathalyzer or a blood draw?
[48:27.720 --> 48:30.720] I don't know, because when I tried to ask questions,
[48:30.720 --> 48:32.720] they jumped my ass.
[48:32.720 --> 48:36.720] Well, you can look in the court records to see.
[48:36.720 --> 48:38.720] Okay.
[48:38.720 --> 48:43.720] You can go to the court and pull a file.
[48:43.720 --> 48:44.720] Okay.
[48:44.720 --> 48:50.720] Anyway, what's your question about or your comment on the sobriety test?
[48:50.720 --> 48:54.720] Is there anything that I can do in this examining trial
[48:54.720 --> 48:56.720] to help her in any way?
[48:56.720 --> 49:03.720] She can call you as a witness.
[49:03.720 --> 49:04.720] Okay.
[49:04.720 --> 49:09.720] Well, this is a very meat-brail...
[49:09.720 --> 49:12.720] You said she's got an attorney.
[49:12.720 --> 49:14.720] Okay.
[49:14.720 --> 49:16.720] The attorney can call you as a witness.
[49:16.720 --> 49:20.720] Does she tell him to call you as a witness?
[49:20.720 --> 49:21.720] Okay.
[49:21.720 --> 49:24.720] Specifically to do what?
[49:24.720 --> 49:26.720] Well, that's the question.
[49:26.720 --> 49:28.720] You want to know how to help.
[49:28.720 --> 49:35.720] The question is, is what did they do that you can testify to that will help her?
[49:35.720 --> 49:38.720] How long did they feel sobriety test her?
[49:38.720 --> 49:41.720] How many sobriety tests did they give her?
[49:41.720 --> 49:48.720] Usually two is more than enough to prove whether or not an individual is incapacitated.
[49:48.720 --> 49:49.720] Yeah.
[49:49.720 --> 49:57.720] If they did believe she was incapacitated after doing that, why didn't they do a breathalyzer?
[49:57.720 --> 49:58.720] Okay.
[49:58.720 --> 49:59.720] Yeah.
[49:59.720 --> 50:03.720] If they were sitting there giving her field sobriety test for a half an hour or something
[50:03.720 --> 50:08.720] and making her turn cartwheels and stuff, I mean, that's something that could definitely
[50:08.720 --> 50:14.720] be exculpatory evidence that you could present at the examining trial if you're a witness,
[50:14.720 --> 50:15.720] if your call was a witness.
[50:15.720 --> 50:18.720] I mean, how long before this occurred were you withered?
[50:18.720 --> 50:23.720] Do you know how much she did or didn't have to drink and so on and so forth?
[50:23.720 --> 50:27.720] Do you know what she had to drink and how long it had been since she had it?
[50:27.720 --> 50:33.720] Whether or not she had eaten, what her normal capacity is or isn't?
[50:33.720 --> 50:35.720] Yes, she did.
[50:35.720 --> 50:40.720] What my questions to you are, I mean, I'm calling in for answers to questions.
[50:40.720 --> 50:45.720] My question to you is what can I do to help her?
[50:45.720 --> 50:51.720] How do I, I mean, am I eligible?
[50:51.720 --> 50:55.720] Well, that's what we're trying to determine, Matt, and that's why Eddie and I are asking
[50:55.720 --> 51:00.720] you questions because we're trying to determine if it would help her for you to get up on the
[51:00.720 --> 51:03.720] witness stand in this examining trial.
[51:03.720 --> 51:09.720] If you got up there and said, I was with her before we got pulled over and she didn't have
[51:09.720 --> 51:12.720] anything to drink for the previous three hours.
[51:12.720 --> 51:14.720] I was with her the whole time.
[51:14.720 --> 51:17.720] She didn't have one drop of alcohol or things like that.
[51:17.720 --> 51:21.720] That's why we're asking you questions so that we can determine if you have knowledge, if
[51:21.720 --> 51:26.720] you have firsthand information that could help her if you get on the witness stand.
[51:26.720 --> 51:32.720] Now, if you are with her and y'all were partying it up at happy hour, then you may not want
[51:32.720 --> 51:33.720] to get on the witness stand.
[51:33.720 --> 51:35.720] That's why we're asking you questions.
[51:35.720 --> 51:38.720] My question to you is how do I get on the witness stand?
[51:38.720 --> 51:39.720] What do I do?
[51:39.720 --> 51:42.720] Her defense attorney would have to call you.
[51:42.720 --> 51:47.720] You need to tell her, you need to contact her somehow, write her a letter, or if she calls
[51:47.720 --> 51:55.720] you from jail, go visit her if she's got visitation and tell her to tell her defense attorney to
[51:55.720 --> 51:57.720] call you as a witness.
[51:57.720 --> 52:02.720] And if he doesn't, then file bar grievances against him and she should file bar grievances
[52:02.720 --> 52:07.720] against him too if he doesn't call you as a witness because you have exculpatory evidence
[52:07.720 --> 52:08.720] that could help her.
[52:08.720 --> 52:11.720] Provided she did ask him to do so.
[52:11.720 --> 52:12.720] Yes, exactly.
[52:12.720 --> 52:15.720] Provided that she does ask her attorney to call you as a witness.
[52:15.720 --> 52:16.720] Okay.
[52:16.720 --> 52:18.720] Well, Todd, I have a...
[52:18.720 --> 52:19.720] Oh.
[52:19.720 --> 52:21.720] Okay.
[52:21.720 --> 52:23.720] Oh.
[52:23.720 --> 52:28.720] Okay, I have called her attorney several times, a court appointed attorney.
[52:28.720 --> 52:30.720] I've called him several times.
[52:30.720 --> 52:32.720] I've got no response.
[52:32.720 --> 52:37.720] I got a copy, an original copy of the letter from her attorney.
[52:37.720 --> 52:42.720] And a court appointed attorney telling me about the examining trial, or telling her about
[52:42.720 --> 52:45.720] the examining trial, which she forwarded to me.
[52:45.720 --> 52:49.720] And they call it free indictment, which is this Friday.
[52:49.720 --> 52:51.720] Okay, Matt, listen.
[52:51.720 --> 52:54.720] Her defense attorney is not going to return your calls.
[52:54.720 --> 52:55.720] All right?
[52:55.720 --> 52:56.720] He's not your attorney.
[52:56.720 --> 52:58.720] He's her attorney.
[52:58.720 --> 53:04.720] If you think that you have testimony that would help her, if you got up on the witness
[53:04.720 --> 53:10.720] stand, you're going to have to tell her personally, either by going to visit her or having...or
[53:10.720 --> 53:16.720] she calls you every night from jail or whatever, you're going to have to contact her personally
[53:16.720 --> 53:22.720] and tell her that she needs to tell her defense attorney to call you as a witness at the
[53:22.720 --> 53:23.720] examining trial.
[53:23.720 --> 53:26.720] You're not going to get anywhere trying to talk to the attorney.
[53:26.720 --> 53:27.720] He won't talk to you.
[53:27.720 --> 53:28.720] Okay.
[53:28.720 --> 53:30.720] He's not your...you're not his client.
[53:30.720 --> 53:36.720] But make sure that you do have information that will help and not hurt before you let
[53:36.720 --> 53:39.720] them get you up on that witness stand.
[53:39.720 --> 53:40.720] I understand.
[53:40.720 --> 53:41.720] I understand.
[53:41.720 --> 53:47.720] So the bottom line is you're saying that she needs to call me as a witness because I have
[53:47.720 --> 53:50.720] testimony that can refuse what they're saying.
[53:50.720 --> 53:52.720] If you do have testimony...
[53:52.720 --> 53:53.720] Yes, you do.
[53:53.720 --> 53:54.720] That's the...
[53:54.720 --> 53:55.720] Don't make it up.
[53:55.720 --> 53:59.720] You'll be in jail on the other side of it.
[53:59.720 --> 54:06.720] If you actually have testimony that will show she did nothing wrong, then you need to be
[54:06.720 --> 54:08.720] a witness for her.
[54:08.720 --> 54:11.720] And you're going to get up there and lie to try to save her.
[54:11.720 --> 54:13.720] You're going to get caught and go to jail.
[54:13.720 --> 54:15.720] Don't do that either.
[54:15.720 --> 54:16.720] I'm not...okay.
[54:16.720 --> 54:17.720] Okay.
[54:17.720 --> 54:19.720] I'm not going there.
[54:19.720 --> 54:26.720] I'm saying what she just said a minute ago was that I need to be a witness for her.
[54:26.720 --> 54:27.720] Is that correct?
[54:27.720 --> 54:34.720] If you have testimony that will help, Matt, which part of that's not sinking in?
[54:34.720 --> 54:39.720] Like I said, if you guys were partying at happy hour and drinking it up before you got pulled
[54:39.720 --> 54:42.720] over, you may not want to get on the witness stand, okay?
[54:42.720 --> 54:48.720] But if you feel that you have testimony to exonerate her to say she hadn't been drinking
[54:48.720 --> 54:54.720] anything, I was with her the whole time, or she had one drink, but we also had dinner
[54:54.720 --> 54:56.720] or things like that, if you...
[54:56.720 --> 54:59.720] I saw the field sobriety test and it was outrageous.
[54:59.720 --> 55:02.720] They were making her do loop-de-loops for 20 minutes.
[55:02.720 --> 55:08.720] I mean, if you have honest testimony that you believe could help her, then yes, you may
[55:08.720 --> 55:13.720] want to get her to tell her defense attorney to call you as a witness.
[55:13.720 --> 55:20.720] But the question is, if you have testimony that really could help her, then yes, you
[55:20.720 --> 55:26.720] want to tell her to tell her attorney to call you as a witness, but asking her attorney
[55:26.720 --> 55:28.720] to call you as a witness is not going to work.
[55:28.720 --> 55:32.720] My attorney will not talk to you.
[55:32.720 --> 55:37.720] He's only going to talk to her, so you need to write her a letter and send it to her in
[55:37.720 --> 55:42.720] the jail, or go down to visit her when they have visiting hours, or if she calls you,
[55:42.720 --> 55:47.720] tell her when she calls you, but you have to communicate that to her directly.
[55:47.720 --> 55:48.720] Okay.
[55:48.720 --> 55:49.720] Okay.
[55:49.720 --> 55:50.720] Okay.
[55:50.720 --> 55:51.720] Okay.
[55:51.720 --> 55:52.720] I just...
[55:52.720 --> 55:56.720] I never knew what an examining trial was, so I...
[55:56.720 --> 55:59.720] It's basically a probable cause hearing.
[55:59.720 --> 56:05.720] It's a hearing to determine if there is sufficient probable cause to continue with the prosecution
[56:05.720 --> 56:07.720] or not, and most...
[56:07.720 --> 56:12.720] In Texas, the examining trial is supposed to happen when you get arrested.
[56:12.720 --> 56:16.720] You're supposed to be brought directly to a magistrate for the examining trial right then
[56:16.720 --> 56:20.720] and there before you ever even get booked into jail.
[56:20.720 --> 56:22.720] That's what's supposed to happen.
[56:22.720 --> 56:24.720] Is that a regular?
[56:24.720 --> 56:26.720] No.
[56:26.720 --> 56:27.720] That's not arraignment.
[56:27.720 --> 56:28.720] Arraignment comes later.
[56:28.720 --> 56:30.720] That's not arraignment.
[56:30.720 --> 56:37.720] Examining trial is a probable cause hearing that almost never happens, except sometimes...
[56:37.720 --> 56:40.720] Well, in this case, they're charging over the felony it has to.
[56:40.720 --> 56:44.720] They're charging over the felony, so they're doing it after the arrest, but they're technically
[56:44.720 --> 56:49.720] supposed to do it with every arrest at the time of the arrest.
[56:49.720 --> 56:55.720] The police are supposed to bring arrested persons directly to a magistrate for the purpose of an
[56:55.720 --> 56:56.720] examining trial.
[56:56.720 --> 56:59.720] She's been in jail for 47 days.
[56:59.720 --> 57:04.720] 47 days.
[57:04.720 --> 57:05.720] All right, well...
[57:05.720 --> 57:09.720] Okay, well, that's a separate issue than what's going on at the examining trial.
[57:09.720 --> 57:12.720] That's something that would have to be dealt with after the fact.
[57:12.720 --> 57:14.720] Okay, okay.
[57:14.720 --> 57:17.720] It's separate from the issue at hand here.
[57:17.720 --> 57:24.720] Okay, well, yeah, my basic question to you is how can I help her at the examining trial,
[57:24.720 --> 57:25.720] which is...
[57:25.720 --> 57:28.720] Okay, dude, you've asked that question 10 times.
[57:28.720 --> 57:31.720] We've told you, if you've got testimony, give it.
[57:31.720 --> 57:34.720] If you don't, stay home.
[57:34.720 --> 57:37.720] I mean, different ways do we answer that.
[57:37.720 --> 57:39.720] But she has to call you as a witness.
[57:39.720 --> 57:43.720] She has to get her defense attorney to call you as a witness.
[57:43.720 --> 57:47.720] You can't just go in there and say, I want to take the witness, stay on your honor.
[57:47.720 --> 57:49.720] That's out of order.
[57:49.720 --> 57:52.720] The defense attorney would have to call you as a witness.
[57:52.720 --> 57:57.720] And the only way that's going to happen is if you tell her to tell her defense attorney to do it,
[57:57.720 --> 58:01.720] and if he doesn't do it, then both you and her need to file bar grievances against him.
[58:01.720 --> 58:04.720] That's the only thing that you can do to help her at this point.
[58:04.720 --> 58:05.720] Okay?
[58:05.720 --> 58:06.720] Okay, my final question.
[58:06.720 --> 58:12.720] My final question is, do you think that a court-appointed attorney is going to do that?
[58:12.720 --> 58:15.720] If she tells him to, he has to.
[58:15.720 --> 58:17.720] If she tells him to, he has to.
[58:17.720 --> 58:21.720] And if he doesn't, she needs to tell him, you call this man as a witness,
[58:21.720 --> 58:23.720] or I'm going to file a bar grievance against you.
[58:23.720 --> 58:25.720] That's how you handle court-appointed attorneys.
[58:25.720 --> 58:30.720] She's got to demand of her attorney that the attorney call you as a witness.
[58:30.720 --> 58:31.720] And she's got to...
[58:31.720 --> 58:33.720] If he says no, he's not going to do it.
[58:33.720 --> 58:34.720] She needs to threaten him.
[58:34.720 --> 58:36.720] Look, dude, you're my attorney.
[58:36.720 --> 58:37.720] I'm your client.
[58:37.720 --> 58:38.720] I'm the boss.
[58:38.720 --> 58:41.720] You call this man as a witness, or I'm going to file a bar grievance against you.
[58:41.720 --> 58:44.720] You can file a bar grievance against him, too.
[58:44.720 --> 58:46.720] That's what we have over their heads.
[58:46.720 --> 58:47.720] All right?
[58:47.720 --> 58:48.720] Thank you for the call, Matt.
[58:48.720 --> 58:51.720] We appreciate it.
[58:51.720 --> 58:53.720] Okay, folks, we're at the top of the hour.
[58:53.720 --> 59:22.720] We'll be back right on the other side with Gary, Boris, Grant, and others.
[59:23.720 --> 59:49.720] We'll be right back.
[59:49.720 --> 59:56.720] We'll be right back.
[01:00:19.720 --> 01:00:45.720] We'll be right back.
[01:00:45.720 --> 01:01:14.720] We'll be right back.
[01:01:14.720 --> 01:01:20.720] The New York Times reported Monday that FBI is giving significant new powers to its agents
[01:01:20.720 --> 01:01:24.720] that critics say will allow them to further encroach on civil liberties.
[01:01:24.720 --> 01:01:29.720] Some of the changes will allow agents to search for information about a person in databases
[01:01:29.720 --> 01:01:35.720] without evidence of criminal or terrorist activity and without making a record about their decision.
[01:01:35.720 --> 01:01:38.720] The new regulations permit surveillance to be unlimited.
[01:01:38.720 --> 01:01:44.720] Agents will also be allowed to hunt through a person's trash without needing a factual basis
[01:01:44.720 --> 01:01:49.720] for suspecting wrongdoing or when evaluating a target as a potential informant.
[01:01:49.720 --> 01:01:55.720] The new manual says an agent or informant may surreptitiously attend up to five meetings
[01:01:55.720 --> 01:01:58.720] of a group before the Bureau's secret rules governing, quote,
[01:01:58.720 --> 01:02:08.720] undisclosed participation in an organization apply. Former FBI agent Michael German,
[01:02:08.720 --> 01:02:13.720] now a lawyer for the American Civil Liberties Union, said the new rules will raise the potential for abuse by the FBI.
[01:02:13.720 --> 01:02:17.720] The Israeli newspaper Hares reports Israel has started mobilizing its embassies
[01:02:17.720 --> 01:02:23.720] for the battle against UN recognition of a Palestinian state in September ordering its diplomats
[01:02:23.720 --> 01:02:30.720] to convey this would de-legitimize Israel and foil future peace talks in secret cables obtained by Hares.
[01:02:30.720 --> 01:02:34.720] Envoys are being asked to lobby top officials in countries where they serve
[01:02:34.720 --> 01:02:38.720] and ply the media with articles arguing against recognition.
[01:02:38.720 --> 01:02:43.720] Foreign Ministry Director General Rafael Barak sent out classified cables
[01:02:43.720 --> 01:02:46.720] outlining the battle plan to Israeli embassies over the past week
[01:02:46.720 --> 01:03:00.720] after earlier ordering diplomats to cancel vacations planned for September.
[01:03:00.720 --> 01:03:19.720] You are listening to the Rule of Law Radio Network at ruleoflawradio.com. Live free speech talk radio at its best.
[01:03:19.720 --> 01:03:33.720] It's all according to the will of the Almighty. I read his book and it says he cares for the unsightly.
[01:03:33.720 --> 01:03:49.720] These warm under some by that term rightly. I won't pay for the war with my body.
[01:03:49.720 --> 01:03:56.720] I ain't gonna pay for the car with my money. I won't pay for the fun with my body.
[01:03:56.720 --> 01:04:03.720] Okay folks, we are back. Our two Monday night, Eddie's night, traffic night. We're taking your calls.
[01:04:03.720 --> 01:04:08.720] And folks, I do want to let everyone know out there that we are not attorneys
[01:04:08.720 --> 01:04:14.720] and we are not giving legal advice on this show. Everything that we say is from our own personal experience
[01:04:14.720 --> 01:04:20.720] and within the context of this is what I would do if I were in that situation.
[01:04:20.720 --> 01:04:27.720] Okay, so we do not give legal advice on this show. This is strictly for your entertainment and educational purposes
[01:04:27.720 --> 01:04:30.720] only not for the purpose of legal advice.
[01:04:30.720 --> 01:04:37.720] All right, we are going to your calls now. This is the next caller up is Gary in Texas.
[01:04:37.720 --> 01:04:40.720] Gary, thank you for calling in. What is your question for us tonight?
[01:04:40.720 --> 01:04:50.720] Hey, thanks a lot. I have an ongoing case, a speeding ticket in a small town and I have a motions hearing scheduled
[01:04:50.720 --> 01:04:59.720] for in the next several days and I received a summons ordering me to appear under threat of arrest
[01:04:59.720 --> 01:05:11.720] and additional warrant if I'm supposed to bring a juvenile with me according to the document, a juvenile who I don't know,
[01:05:11.720 --> 01:05:18.720] I don't know what possible relevance he would have to the case I never met or even heard his name.
[01:05:18.720 --> 01:05:28.720] And what's interesting about this summons is that it has the court clerk's signature and also has a raised seal over her signature.
[01:05:28.720 --> 01:05:39.720] I'm thinking that what I need to do is file an additional can and complain against the judge for the issuance of this summons,
[01:05:39.720 --> 01:05:46.720] but I wondered if you had any other ideas or branch could share some of your personal insight with me.
[01:05:46.720 --> 01:05:51.720] I would follow that for David stating that I have no knowledge of this individual.
[01:05:51.720 --> 01:05:55.720] Please explain the relevance and necessity of their appearance to my case.
[01:05:55.720 --> 01:06:01.720] Okay. All right.
[01:06:01.720 --> 01:06:10.720] Is there some way that I could get some mileage out of this and use this to help this case against me?
[01:06:10.720 --> 01:06:16.720] All depends upon whether or not this is just a simple mistake of mailing.
[01:06:16.720 --> 01:06:18.720] Yeah.
[01:06:18.720 --> 01:06:21.720] That's what you got to find out first.
[01:06:21.720 --> 01:06:29.720] Yeah. If they're going to insist knowing full well who you are that you produced somebody you've never heard of, now they're being harassing.
[01:06:29.720 --> 01:06:32.720] That's an issue.
[01:06:32.720 --> 01:06:35.720] And they're also being threatening. That's an issue.
[01:06:35.720 --> 01:06:42.720] But if they just mistakenly put your information on somebody else's notice, then it's not so much an issue.
[01:06:42.720 --> 01:06:46.720] It's an honest mistake. It's a stupid mistake, but it's still an honest mistake.
[01:06:46.720 --> 01:06:51.720] Yeah, and it's still done under threat of arrest.
[01:06:51.720 --> 01:07:00.720] True, but that if it was unintentionally sent to you, wouldn't be a threat that would hold any sway over you.
[01:07:00.720 --> 01:07:02.720] Right.
[01:07:02.720 --> 01:07:11.720] It might even be, you know, either way it goes, you have to make the effort to say, look, I don't know who this is or why I'm supposed to bring them.
[01:07:11.720 --> 01:07:21.720] How about giving me a clue? If they still insist upon it after you've done your best to clear it up, then let them just, you know,
[01:07:21.720 --> 01:07:24.720] following after David stating you made the effort.
[01:07:24.720 --> 01:07:28.720] You asked these questions on this date of this time to this individual.
[01:07:28.720 --> 01:07:31.720] You were given no information whatsoever.
[01:07:31.720 --> 01:07:37.720] The order was stated to remain standing, do this or will arrest you.
[01:07:37.720 --> 01:07:40.720] Let them do that.
[01:07:40.720 --> 01:07:44.720] That's a can of worms they are never going to finish fishing with.
[01:07:44.720 --> 01:07:50.720] Right. In this case, if you were me, would you follow a judicial conduct complaint?
[01:07:50.720 --> 01:07:57.720] Not until I made that first contact attempt to determine whether or not this was actually intended for me.
[01:07:57.720 --> 01:08:00.720] Okay, well, I actually have the affidavit already completed.
[01:08:00.720 --> 01:08:03.720] So, okay, we're on the same wavelength.
[01:08:03.720 --> 01:08:05.720] Yeah, do that.
[01:08:05.720 --> 01:08:09.720] Find out whether or not someone actually made an honest mistake.
[01:08:09.720 --> 01:08:17.720] If they insist that this is true and correct and it belongs to you, well, that's a whole other matter for them at that point.
[01:08:17.720 --> 01:08:19.720] Okay, all right.
[01:08:19.720 --> 01:08:21.720] Good enough that answers my question.
[01:08:21.720 --> 01:08:22.720] I sure do appreciate it.
[01:08:22.720 --> 01:08:24.720] It's a great show tonight.
[01:08:24.720 --> 01:08:25.720] Thanks again.
[01:08:25.720 --> 01:08:26.720] Thanks so much.
[01:08:26.720 --> 01:08:27.720] Great evening.
[01:08:27.720 --> 01:08:28.720] You too.
[01:08:28.720 --> 01:08:29.720] You too.
[01:08:29.720 --> 01:08:34.720] All right, we've got Boris from Texas is next.
[01:08:34.720 --> 01:08:36.720] Boris, thank you for calling in.
[01:08:36.720 --> 01:08:38.720] What is your question tonight?
[01:08:38.720 --> 01:08:45.720] Yeah, so I would like to go back to the very beginning of the show when Eddie was talking about the definition of arrest.
[01:08:45.720 --> 01:08:52.720] And I've been thinking about that ever since I heard, I'll speak to you, Eddie.
[01:08:52.720 --> 01:08:58.720] Ever since I heard you talking about your episode with the Game Wardens, I think it was last fall.
[01:08:58.720 --> 01:09:03.720] And anyway, there was something that I was thinking of.
[01:09:03.720 --> 01:09:07.720] And so I'd like to know what you'd run this by and see what you think.
[01:09:07.720 --> 01:09:14.720] Let's say if you get pulled over or stopped, and in my case, it's usually on a bicycle or just walking around or whatever.
[01:09:14.720 --> 01:09:18.720] And you get through the part where you say, am I under arrest?
[01:09:18.720 --> 01:09:22.720] Of course, it'll always be no.
[01:09:22.720 --> 01:09:29.720] And then at that point, I mean, the officer is in kind of denial mode at that point.
[01:09:29.720 --> 01:09:38.720] So it seems to me like the next question should be, why am I under arrest?
[01:09:38.720 --> 01:09:43.720] Because when you ask why, you already know that you're not going to get any answer out of that.
[01:09:43.720 --> 01:09:46.720] It'll just be some mealy mouth, lame answer.
[01:09:46.720 --> 01:09:55.720] And then in saying, are you refusing to tell me why I am under arrest?
[01:09:55.720 --> 01:10:02.720] But at that point, you know, you're still not going to get any kind of a straight answer, at least not a straight answer.
[01:10:02.720 --> 01:10:06.720] Well, but your objective here is not to get a straight answer.
[01:10:06.720 --> 01:10:21.720] Okay, Morrison, not to get a straight answer is to set a particular set of circumstances in place that provides you with the right ammunition to assert you were under arrest, no matter what the officer did or didn't say.
[01:10:21.720 --> 01:10:22.720] Okay.
[01:10:22.720 --> 01:10:25.720] So when you say, why am I under arrest?
[01:10:25.720 --> 01:10:26.720] I mean, I mean.
[01:10:26.720 --> 01:10:34.720] But that doesn't make any sense if you say, why am I under arrest if he just told you, no, you're not under arrest?
[01:10:34.720 --> 01:10:37.720] That won't track in the conversation mode.
[01:10:37.720 --> 01:10:38.720] Well, okay.
[01:10:38.720 --> 01:10:48.720] But the reason I'm throwing this in is because isn't it a crime to arrest someone and then not tell them why?
[01:10:48.720 --> 01:10:51.720] Is that not a crime on their part?
[01:10:51.720 --> 01:10:55.720] It's a crime if he doesn't have a valid reason for doing it.
[01:10:55.720 --> 01:10:56.720] Exactly.
[01:10:56.720 --> 01:10:58.720] And you're not going to get a valid reason.
[01:10:58.720 --> 01:11:04.720] That's the difference in telling you, okay?
[01:11:04.720 --> 01:11:07.720] They eventually have to tell you what the charge is.
[01:11:07.720 --> 01:11:13.720] There's no immediate mandate that the officer tell you right then and there what the charge is.
[01:11:13.720 --> 01:11:19.720] I think they should, but there's nothing in the law that absolutely requires it.
[01:11:19.720 --> 01:11:25.720] So you mean it's okay for them to arrest you and come up with a reason later on?
[01:11:25.720 --> 01:11:27.720] Is that what you're saying?
[01:11:27.720 --> 01:11:28.720] Did I say that?
[01:11:28.720 --> 01:11:30.720] That is not what I'm saying.
[01:11:30.720 --> 01:11:35.720] They have to have a reason to arrest you in the first place.
[01:11:35.720 --> 01:11:40.720] But you're trying to go down a path that those questions are not geared to take.
[01:11:40.720 --> 01:11:45.720] I'm not trying to engage this guy in conversation or debate.
[01:11:45.720 --> 01:11:48.720] I'm not trying to grasp his reasoning.
[01:11:48.720 --> 01:11:50.720] I don't care.
[01:11:50.720 --> 01:11:57.720] All I want to know and establish for the record is whether or not I am in a custodial arrest.
[01:11:57.720 --> 01:12:00.720] That's all I need in the record.
[01:12:00.720 --> 01:12:05.720] From that point on, I can invoke my rights without question.
[01:12:05.720 --> 01:12:07.720] That's what I'm asking.
[01:12:07.720 --> 01:12:09.720] That's my goal.
[01:12:09.720 --> 01:12:15.720] Also, when I've learned by now that when I'm talking to an officer,
[01:12:15.720 --> 01:12:20.720] I'm not actually just talking to him, but I am talking to his microphone
[01:12:20.720 --> 01:12:25.720] because I am setting up my court case is the way I think of it now.
[01:12:25.720 --> 01:12:27.720] That's exactly right.
[01:12:27.720 --> 01:12:30.720] I know he's not interested in knowing what I have to say, really.
[01:12:30.720 --> 01:12:33.720] And I know that they're not going to give me a straight answer.
[01:12:33.720 --> 01:12:35.720] So I'm not asking so that I can get a straight answer.
[01:12:35.720 --> 01:12:37.720] I already know that's not going to happen.
[01:12:37.720 --> 01:12:45.720] But I'm setting this up on his microphone so that if it goes to trial,
[01:12:45.720 --> 01:12:49.720] then I have on there that I asked for a reason why I'm under arrest
[01:12:49.720 --> 01:12:51.720] and I didn't get it.
[01:12:51.720 --> 01:12:55.720] So that's why I'm phrasing it that way.
[01:12:55.720 --> 01:12:57.720] Not so that I can argue with him,
[01:12:57.720 --> 01:13:02.720] but so that I can pin down certain points on the recording.
[01:13:02.720 --> 01:13:03.720] You see what I mean?
[01:13:03.720 --> 01:13:07.720] Yeah, make sure you have your own recording, too.
[01:13:07.720 --> 01:13:12.720] You need to carry around a personal recording device at all times.
[01:13:12.720 --> 01:13:18.720] That question, however, Boris would be better suited to come after the third question
[01:13:18.720 --> 01:13:23.720] because once he says, no, you can't leave, then you can state,
[01:13:23.720 --> 01:13:31.720] well, if I'm not free to go, then I must assume I'm under arrest because I can't leave.
[01:13:31.720 --> 01:13:35.720] So now tell me why I'm being arrested.
[01:13:35.720 --> 01:13:38.720] Now your question fits.
[01:13:38.720 --> 01:13:43.720] But to ask it immediately after he tells you, no, you're not under arrest
[01:13:43.720 --> 01:13:47.720] is going to cost some people to go, well, why would you ask that question
[01:13:47.720 --> 01:13:49.720] when he just told you you weren't?
[01:13:49.720 --> 01:13:51.720] You see what I'm saying?
[01:13:51.720 --> 01:13:57.720] Set your stage first before you turn up the lights and call out the actors.
[01:13:57.720 --> 01:14:02.720] So then the next question should be, am I free to go, you're saying,
[01:14:02.720 --> 01:14:05.720] and then maybe go to why?
[01:14:05.720 --> 01:14:09.720] If he says, no, you can't leave, you're not free to go,
[01:14:09.720 --> 01:14:14.720] yeah, now your question is appropriate as long as you preface it with,
[01:14:14.720 --> 01:14:19.720] if I'm not free to go, then I have to assume I'm under arrest.
[01:14:19.720 --> 01:14:21.720] So why did you arrest me?
[01:14:21.720 --> 01:14:23.720] Why are you arresting me?
[01:14:23.720 --> 01:14:27.720] Okay, and then when you don't get a good answer,
[01:14:27.720 --> 01:14:30.720] then the officer has committed a crime at that point.
[01:14:30.720 --> 01:14:32.720] Isn't that true?
[01:14:32.720 --> 01:14:36.720] If he's detecting you without probable cause, absolutely.
[01:14:36.720 --> 01:14:41.720] And you can always ask him, what is your articulatable probable cause?
[01:14:41.720 --> 01:14:46.720] If you don't have one, why am I standing here talking to you?
[01:14:46.720 --> 01:14:48.720] Okay, okay.
[01:14:48.720 --> 01:14:53.720] And what crime is that by definition?
[01:14:53.720 --> 01:14:58.720] It's false imprisonment if he's holding you without probable cause.
[01:14:58.720 --> 01:15:00.720] Okay, okay.
[01:15:00.720 --> 01:15:06.720] Now I looked under the, what is it, the section 543,
[01:15:06.720 --> 01:15:09.720] and I didn't see a, I know that when you go into court,
[01:15:09.720 --> 01:15:13.720] you have to be able to pin these definitions down or else they just run over you
[01:15:13.720 --> 01:15:15.720] and go right on.
[01:15:15.720 --> 01:15:19.720] In writing, I mean you, you know, you have to,
[01:15:19.720 --> 01:15:23.720] you have to go in there with a solid, you know,
[01:15:23.720 --> 01:15:27.720] the solid evidence of the definition, I guess.
[01:15:27.720 --> 01:15:32.720] Okay, what definition are you talking about under 543?
[01:15:32.720 --> 01:15:37.720] Well, okay, now under that section doesn't it say,
[01:15:37.720 --> 01:15:41.720] you know, what the arrest is or isn't?
[01:15:41.720 --> 01:15:43.720] No.
[01:15:43.720 --> 01:15:47.720] Okay, it says that in 543.001,
[01:15:47.720 --> 01:15:49.720] any peace officer may arrest for that warrant,
[01:15:49.720 --> 01:15:53.720] any person found committing a violation of this subtitle,
[01:15:53.720 --> 01:15:56.720] meaning all of subtitle C.
[01:15:56.720 --> 01:15:57.720] Okay.
[01:15:57.720 --> 01:16:01.720] Anything that is listed as an offense in subtitle C,
[01:16:01.720 --> 01:16:08.720] he allegedly has the power of arrest for without a warrant.
[01:16:08.720 --> 01:16:13.720] Okay, okay, yeah, I just wanted to, I just wanted to bring that up.
[01:16:13.720 --> 01:16:15.720] I'm glad you're talking about that.
[01:16:15.720 --> 01:16:17.720] That's a good topic to have.
[01:16:17.720 --> 01:16:21.720] Okay, all right, I'll, let's follow on this.
[01:16:21.720 --> 01:16:22.720] All right, of course.
[01:16:22.720 --> 01:16:23.720] Thanks for calling.
[01:16:23.720 --> 01:16:24.720] Thank you, man.
[01:16:24.720 --> 01:16:25.720] I appreciate all that you all do.
[01:16:25.720 --> 01:16:26.720] Thank you.
[01:16:26.720 --> 01:16:27.720] All right, thanks, boys.
[01:16:27.720 --> 01:16:28.720] Thank you.
[01:16:28.720 --> 01:16:29.720] Great.
[01:16:29.720 --> 01:16:31.720] All right, we're about to go to break, folks.
[01:16:31.720 --> 01:16:33.720] When we get back on the other side, we're going to go to Grant.
[01:16:33.720 --> 01:16:36.720] Then we've got Linda, Susan, and John.
[01:16:36.720 --> 01:16:39.720] So stay on the line and we will take all of your calls.
[01:16:39.720 --> 01:16:43.720] If you'd like to call in 512-646-1984.
[01:16:43.720 --> 01:16:44.720] We will be right back.
[01:16:44.720 --> 01:16:46.720] This is the Rule of Law, ruleoflawradio.com.
[01:16:46.720 --> 01:16:49.720] I'm Deborah Stevens here with Eddie Craig.
[01:16:49.720 --> 01:16:51.720] We'll be back on the other side of the break.
[01:16:51.720 --> 01:17:03.720] Capital Coin and Bull In is your local source for rare coins, precious metals,
[01:17:03.720 --> 01:17:06.720] and coin supplies in the Austin metro area.
[01:17:06.720 --> 01:17:08.720] We also ship worldwide.
[01:17:08.720 --> 01:17:11.720] We're a family-owned and operated business that offers competitive prices
[01:17:11.720 --> 01:17:13.720] on your coin and metals purchases.
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[01:17:16.720 --> 01:17:19.720] that we've had to move to a new and bigger location.
[01:17:19.720 --> 01:17:23.720] We're now located at 7304 Burnett Road, Suite A,
[01:17:23.720 --> 01:17:26.720] 1.2 miles north on Burnett from our previous location.
[01:17:26.720 --> 01:17:28.720] We're on the west side of Burnett Road
[01:17:28.720 --> 01:17:31.720] in the Stanley Insurance Building on the ground floor,
[01:17:31.720 --> 01:17:34.720] next to the Ishibon Sushi and the Genie Car Wash.
[01:17:34.720 --> 01:17:38.720] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[01:17:38.720 --> 01:17:40.720] You're welcome to stop in during regular business hours
[01:17:40.720 --> 01:17:44.720] or call 512-646-6440.
[01:17:44.720 --> 01:17:47.720] Ask for Chad or Becky and say that you heard about us
[01:17:47.720 --> 01:17:49.720] on Rule of Law Radio or Texas Liberty Radio.
[01:17:49.720 --> 01:17:51.720] That's Capital Coin and Bull In.
[01:17:51.720 --> 01:17:55.720] At our new location at 7304 Burnett Road, Suite A,
[01:17:55.720 --> 01:17:59.720] we'll call 512-646-6440.
[01:17:59.720 --> 01:18:03.720] My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:03.720 --> 01:18:06.720] We specialize in showing people how to strike back
[01:18:06.720 --> 01:18:08.720] against corrupt public officials.
[01:18:08.720 --> 01:18:10.720] With the mortgage crisis worsening,
[01:18:10.720 --> 01:18:12.720] we set our sights on finding a remedy
[01:18:12.720 --> 01:18:15.720] for people who have been cheated by their lenders.
[01:18:15.720 --> 01:18:17.720] If you have a mortgage or have paid yours off,
[01:18:17.720 --> 01:18:20.720] you have probably been cheated out of thousands.
[01:18:20.720 --> 01:18:21.720] But there is a remedy.
[01:18:21.720 --> 01:18:24.720] Go to remediesinrealestate.com
[01:18:24.720 --> 01:18:29.720] or call me at 512-430-4140
[01:18:29.720 --> 01:18:32.720] and find out how to use the consumer protection laws
[01:18:32.720 --> 01:18:34.720] to recover what the lenders have stolen
[01:18:34.720 --> 01:18:36.720] through fraud and deception.
[01:18:36.720 --> 01:18:39.720] We will prepare for you a qualified written request
[01:18:39.720 --> 01:18:42.720] that will expose the fraud and put the lenders on the dime.
[01:18:42.720 --> 01:18:45.720] Lender fraud is bankrupting this country
[01:18:45.720 --> 01:18:47.720] and it's time to fight back.
[01:18:47.720 --> 01:18:53.720] Go to remediesinrealestate.com or call 512-430-4140
[01:18:53.720 --> 01:18:56.720] and get the information you need
[01:18:56.720 --> 01:19:25.720] to stop the money changers in their tracks.
[01:19:26.720 --> 01:19:35.720] You put the fear in my pocket, took the money from my ass,
[01:19:35.720 --> 01:19:40.720] ain't gonna fool me with that same old trick again.
[01:19:40.720 --> 01:20:05.760] All right, folks, we are back.
[01:20:05.760 --> 01:20:06.760] We are going to your calls.
[01:20:06.760 --> 01:20:08.760] We've got grants in Texas.
[01:20:08.760 --> 01:20:10.760] Grant, thanks for calling in.
[01:20:10.760 --> 01:20:12.760] What is your question tonight?
[01:20:12.760 --> 01:20:13.760] Okay, thank you.
[01:20:13.760 --> 01:20:16.760] I'm helping two friends with citations.
[01:20:16.760 --> 01:20:19.760] And on the first one, it was a speeding citation.
[01:20:19.760 --> 01:20:22.760] He went there and pled not guilty.
[01:20:22.760 --> 01:20:25.760] And he requested to skip magistrate.
[01:20:25.760 --> 01:20:27.760] And they denied that to him.
[01:20:27.760 --> 01:20:29.760] And when he went on his court date,
[01:20:29.760 --> 01:20:31.760] he brought in NASA David that he checked in the record
[01:20:31.760 --> 01:20:33.760] and there was no complaint.
[01:20:33.760 --> 01:20:37.760] And basically, they produced a back date at complaint.
[01:20:37.760 --> 01:20:40.760] So my first question is, I know this is only entertainment purposes.
[01:20:40.760 --> 01:20:46.760] So what are some of the fun things that he can do to address that issue?
[01:20:46.760 --> 01:20:50.760] Okay, first thing is, this is one of the interreplates.
[01:20:50.760 --> 01:20:53.760] Well, I think that was before he talked to me.
[01:20:53.760 --> 01:20:58.760] So he didn't realize that he was actually establishing a complaint again.
[01:20:58.760 --> 01:21:01.760] When did he check the court record?
[01:21:01.760 --> 01:21:02.760] He checked the court record.
[01:21:02.760 --> 01:21:05.760] When was the last time it was checked?
[01:21:05.760 --> 01:21:09.760] I believe it was about a week after he entered the plea.
[01:21:09.760 --> 01:21:12.760] And the clerk told him there was no complaint.
[01:21:12.760 --> 01:21:14.760] There was nothing in the record.
[01:21:14.760 --> 01:21:16.760] There's just a speeding ticket, she told him.
[01:21:16.760 --> 01:21:19.760] And he brought in NASA David to court.
[01:21:19.760 --> 01:21:22.760] And he actually called into the station a little earlier,
[01:21:22.760 --> 01:21:24.760] I guess a couple of weeks ago.
[01:21:24.760 --> 01:21:26.760] And he brought in NASA David saying he checked it in the record
[01:21:26.760 --> 01:21:28.760] and there was no complaint.
[01:21:28.760 --> 01:21:31.760] And basically, the prosecutor produced a complaint
[01:21:31.760 --> 01:21:36.760] that was dated prior to the time he checked.
[01:21:36.760 --> 01:21:39.760] But it wasn't in the court record?
[01:21:39.760 --> 01:21:41.760] No, it was not in the court record.
[01:21:41.760 --> 01:21:42.760] He checked.
[01:21:42.760 --> 01:21:43.760] He was very specific and said,
[01:21:43.760 --> 01:21:45.760] I want to see the complaint and prepare for my trial.
[01:21:45.760 --> 01:21:47.760] And she just said, what do you mean?
[01:21:47.760 --> 01:21:48.760] This is what we have.
[01:21:48.760 --> 01:21:50.760] And he said, well, I want to see the complaint.
[01:21:50.760 --> 01:21:52.760] And she's like, there is no complaint.
[01:21:52.760 --> 01:21:54.760] And so he said, okay, thank you very much.
[01:21:54.760 --> 01:21:56.760] And they actually sent him down to the,
[01:21:56.760 --> 01:21:58.760] they said go talk to Austin PD.
[01:21:58.760 --> 01:22:00.760] They might have what you're looking for.
[01:22:00.760 --> 01:22:01.760] And so...
[01:22:01.760 --> 01:22:02.760] Yeah, I'm right.
[01:22:02.760 --> 01:22:03.760] Yeah, it's ridiculous.
[01:22:03.760 --> 01:22:05.760] This was in the Austin Municipal Court?
[01:22:05.760 --> 01:22:07.760] The Austin Municipal Court.
[01:22:07.760 --> 01:22:09.760] And so he got in after David.
[01:22:09.760 --> 01:22:13.760] And when he showed up to date that was supposed to be the trial,
[01:22:13.760 --> 01:22:15.760] he had a motion to dismiss.
[01:22:15.760 --> 01:22:17.760] But there was no complaint against him.
[01:22:17.760 --> 01:22:22.760] And it was a pretty strong motion for dismissal.
[01:22:22.760 --> 01:22:24.760] But they kind of beat up on him because they asked
[01:22:24.760 --> 01:22:28.760] if he'd give up the prosecutor notice prior to the motion.
[01:22:28.760 --> 01:22:31.760] But the prosecutor looked a little nervous.
[01:22:31.760 --> 01:22:33.760] And there was no one else in the courtroom.
[01:22:33.760 --> 01:22:36.760] And the judge said, okay, I'm dismissing your motion.
[01:22:36.760 --> 01:22:39.760] And she says, now what is your plea?
[01:22:39.760 --> 01:22:41.760] What was the file?
[01:22:41.760 --> 01:22:43.760] Did he file a finding in fact in conclusions of law of demand?
[01:22:43.760 --> 01:22:45.760] You know, why she dismissed the motion?
[01:22:45.760 --> 01:22:47.760] No, he has not yet.
[01:22:47.760 --> 01:22:50.760] I think it was, I don't think it's been 30 days.
[01:22:50.760 --> 01:22:51.760] So they took...
[01:22:51.760 --> 01:22:53.760] Ain't no 30 days to it.
[01:22:53.760 --> 01:22:55.760] She dismissed his motion.
[01:22:55.760 --> 01:22:56.760] He can file it.
[01:22:56.760 --> 01:22:58.760] He needs to file it.
[01:22:58.760 --> 01:23:00.760] I want to finding a fact in conclusions of law
[01:23:00.760 --> 01:23:04.760] is to why you dismissed my motion without even hearing it.
[01:23:04.760 --> 01:23:05.760] All right.
[01:23:05.760 --> 01:23:08.760] What law did you base it on, judge?
[01:23:08.760 --> 01:23:10.760] Right.
[01:23:10.760 --> 01:23:14.760] The other problem here is he has an absolute right
[01:23:14.760 --> 01:23:18.760] pursuant 485.018 code of criminal procedure
[01:23:18.760 --> 01:23:22.760] to have a copy of the complaint no later than one day
[01:23:22.760 --> 01:23:26.760] prior to any proceeding in the prosecution
[01:23:26.760 --> 01:23:28.760] of that complaint.
[01:23:28.760 --> 01:23:30.760] Okay.
[01:23:30.760 --> 01:23:32.760] That would include his initial appearance,
[01:23:32.760 --> 01:23:36.760] any motions hearing thereafter, or the trial.
[01:23:36.760 --> 01:23:40.760] He was entitled to have that at the first appearance
[01:23:40.760 --> 01:23:42.760] and before.
[01:23:42.760 --> 01:23:43.760] Right.
[01:23:43.760 --> 01:23:45.760] And they either vacated it
[01:23:45.760 --> 01:23:47.760] or they refused to give him a copy of the complaint.
[01:23:47.760 --> 01:23:50.760] So it was either fraudulent or they didn't let him see it.
[01:23:50.760 --> 01:23:52.760] Right? That's the only two things I can see.
[01:23:52.760 --> 01:23:56.760] Well, when was it filed in the court record?
[01:23:56.760 --> 01:23:58.760] What day was it signed by somebody
[01:23:58.760 --> 01:24:01.760] and what day was it filed in the record?
[01:24:01.760 --> 01:24:02.760] April 4th.
[01:24:02.760 --> 01:24:04.760] And he went after it.
[01:24:04.760 --> 01:24:05.760] Wait, wait, wait, wait, wait.
[01:24:05.760 --> 01:24:07.760] April 4th is which date?
[01:24:07.760 --> 01:24:10.760] The date it signed or the date it was filed?
[01:24:10.760 --> 01:24:13.760] I believe the date that it was signed.
[01:24:13.760 --> 01:24:14.760] Okay.
[01:24:14.760 --> 01:24:18.760] What date does the file stamp have on it?
[01:24:18.760 --> 01:24:20.760] That I'll have to find out.
[01:24:20.760 --> 01:24:21.760] I don't know.
[01:24:21.760 --> 01:24:22.760] Okay.
[01:24:22.760 --> 01:24:28.760] Find out because if it was several days before it got filed
[01:24:28.760 --> 01:24:31.760] and he made any appearances in court,
[01:24:31.760 --> 01:24:36.760] they have a problem due process that he needs to document
[01:24:36.760 --> 01:24:38.760] with an affidavit.
[01:24:38.760 --> 01:24:39.760] Right.
[01:24:39.760 --> 01:24:43.760] But the very next thing, I'm sorry, go ahead.
[01:24:43.760 --> 01:24:45.760] Well, I was going to say he has entered an affidavit
[01:24:45.760 --> 01:24:48.760] into the record when he had his appearance
[01:24:48.760 --> 01:24:50.760] which was supposed to be his trial.
[01:24:50.760 --> 01:24:52.760] Yeah, but that's an affidavit of appearance
[01:24:52.760 --> 01:24:54.760] and an affidavit of no complaint, right?
[01:24:54.760 --> 01:24:57.760] Well, no, he was an affidavit stating the facts
[01:24:57.760 --> 01:25:00.760] that he checked on this date and spoke to,
[01:25:00.760 --> 01:25:02.760] and I told him to document the name of the person
[01:25:02.760 --> 01:25:05.760] he spoke with and that he requested that
[01:25:05.760 --> 01:25:07.760] and what was told to him specifically.
[01:25:07.760 --> 01:25:11.760] So it was an affidavit, not just of no complaint,
[01:25:11.760 --> 01:25:15.760] but on what date he asked for that record to be produced.
[01:25:15.760 --> 01:25:16.760] Okay.
[01:25:16.760 --> 01:25:20.760] But it was not reduced.
[01:25:20.760 --> 01:25:24.760] It was not produced at all before he made his first appearance
[01:25:24.760 --> 01:25:27.760] before the magistrate, true or false?
[01:25:27.760 --> 01:25:28.760] True.
[01:25:28.760 --> 01:25:29.760] It was never produced.
[01:25:29.760 --> 01:25:32.760] I never shown to him.
[01:25:32.760 --> 01:25:33.760] Okay.
[01:25:33.760 --> 01:25:35.760] Then there's two problems here.
[01:25:35.760 --> 01:25:38.760] The first thing is you can't inter-apply to something
[01:25:38.760 --> 01:25:40.760] that doesn't exist unless you specifically
[01:25:40.760 --> 01:25:44.760] make a waiver to the written complaint pursuant 27.14D
[01:25:44.760 --> 01:25:47.760] of the Code of Criminal Procedure.
[01:25:47.760 --> 01:25:50.760] If he did not file a written waiver with the court
[01:25:50.760 --> 01:25:54.760] that he would accept the citation as the complaint,
[01:25:54.760 --> 01:25:57.760] then that he must have a complaint.
[01:25:57.760 --> 01:25:58.760] Okay.
[01:25:58.760 --> 01:26:01.760] They are acting as if they can do it automatically.
[01:26:01.760 --> 01:26:03.760] They cannot.
[01:26:03.760 --> 01:26:05.760] Law does not allow that.
[01:26:05.760 --> 01:26:06.760] Right.
[01:26:06.760 --> 01:26:07.760] Well, as I said...
[01:26:07.760 --> 01:26:10.760] I was going to say this was supposed to be the trial
[01:26:10.760 --> 01:26:13.760] and when he brought this issue up,
[01:26:13.760 --> 01:26:19.760] she asked what is his plea to the complaint that was produced.
[01:26:19.760 --> 01:26:20.760] Right.
[01:26:20.760 --> 01:26:23.760] He should have demanded another dismissal
[01:26:23.760 --> 01:26:25.760] right there on the record in court.
[01:26:25.760 --> 01:26:26.760] Right.
[01:26:26.760 --> 01:26:29.760] He filed it, but he was kind of nervous.
[01:26:29.760 --> 01:26:31.760] This was his first time challenging this.
[01:26:31.760 --> 01:26:33.760] He did file the motion dismissal,
[01:26:33.760 --> 01:26:35.760] and there was a court reporter there.
[01:26:35.760 --> 01:26:37.760] He did demand a court reporter,
[01:26:37.760 --> 01:26:40.760] and it was his record, but he didn't read it,
[01:26:40.760 --> 01:26:43.760] so I don't know how that affects it.
[01:26:43.760 --> 01:26:44.760] Okay.
[01:26:44.760 --> 01:26:46.760] He needs to immediately file a finding effect
[01:26:46.760 --> 01:26:48.760] in conclusions of law.
[01:26:48.760 --> 01:26:51.760] He needs to file a motion to disqualify,
[01:26:51.760 --> 01:26:53.760] and an affidavit in support of the motion
[01:26:53.760 --> 01:26:55.760] to disqualify the judge.
[01:26:55.760 --> 01:26:58.760] If you have the seminar material, that's in there.
[01:26:58.760 --> 01:26:59.760] Okay.
[01:26:59.760 --> 01:27:00.760] No, I don't.
[01:27:00.760 --> 01:27:02.760] I probably need to purchase it, but...
[01:27:02.760 --> 01:27:03.760] Okay.
[01:27:03.760 --> 01:27:05.760] You need a motion to disqualify,
[01:27:05.760 --> 01:27:08.760] and you need an affidavit in support stating
[01:27:08.760 --> 01:27:11.760] exactly what laws were violated by the magistrate,
[01:27:11.760 --> 01:27:15.760] as well as what judicial canons and what judicial ethics
[01:27:15.760 --> 01:27:18.760] that deprived your frequent of his due process,
[01:27:18.760 --> 01:27:20.760] rights, and procedure.
[01:27:20.760 --> 01:27:21.760] Okay.
[01:27:21.760 --> 01:27:23.760] That needs to go into the record.
[01:27:23.760 --> 01:27:24.760] Okay.
[01:27:24.760 --> 01:27:27.760] Every single one of those are appealable issues.
[01:27:27.760 --> 01:27:30.760] Violations by these moral chronic magistrates
[01:27:30.760 --> 01:27:31.760] needs to stop.
[01:27:31.760 --> 01:27:32.760] Right.
[01:27:32.760 --> 01:27:35.760] And this is the only way we're going to make it happen.
[01:27:35.760 --> 01:27:36.760] Okay.
[01:27:36.760 --> 01:27:37.760] Now, I have another question.
[01:27:37.760 --> 01:27:39.760] If it's okay for a second friend I'm helping
[01:27:39.760 --> 01:27:41.760] with the citation, and this was a citation,
[01:27:41.760 --> 01:27:42.760] that's okay.
[01:27:42.760 --> 01:27:43.760] Can I ask another question?
[01:27:43.760 --> 01:27:44.760] Sure.
[01:27:44.760 --> 01:27:45.760] Go ahead.
[01:27:45.760 --> 01:27:46.760] Okay.
[01:27:46.760 --> 01:27:47.760] I'll make it concise.
[01:27:47.760 --> 01:27:49.760] There's actually another friend I have that has a citation
[01:27:49.760 --> 01:27:54.760] for not having a flotation device on the river,
[01:27:54.760 --> 01:27:57.760] and it's kind of a big deal because he's a pilot,
[01:27:57.760 --> 01:28:00.760] and so anything on his record could affect his employment
[01:28:00.760 --> 01:28:02.760] or his career.
[01:28:02.760 --> 01:28:03.760] So he did the same thing.
[01:28:03.760 --> 01:28:06.760] He went down there to request a copy of the complaint,
[01:28:06.760 --> 01:28:08.760] and he said that there was no complaint,
[01:28:08.760 --> 01:28:10.760] and he did the same thing.
[01:28:10.760 --> 01:28:13.760] He entered the plea before he even talked to me about that.
[01:28:13.760 --> 01:28:17.760] And when he went down there to request a complaint,
[01:28:17.760 --> 01:28:19.760] she said there was none, and he felt,
[01:28:19.760 --> 01:28:22.760] can you give me an affidavit to that effect or something,
[01:28:22.760 --> 01:28:25.760] you know, documenting because he's trying to prepare his case.
[01:28:25.760 --> 01:28:27.760] And so she left, went to the back,
[01:28:27.760 --> 01:28:30.760] and he said when she came back, she seemed like she had spoken
[01:28:30.760 --> 01:28:32.760] to someone, and she was very firm and said,
[01:28:32.760 --> 01:28:35.760] I'm not about to start getting into trouble with something like this.
[01:28:35.760 --> 01:28:40.760] And she was visibly upset, and he did record the conversation.
[01:28:40.760 --> 01:28:41.760] Good.
[01:28:41.760 --> 01:28:46.760] Again, my question to that is what are some of the options
[01:28:46.760 --> 01:28:49.760] he can do next?
[01:28:49.760 --> 01:28:54.760] Well, first thing is who wrote in the ticket?
[01:28:54.760 --> 01:28:57.760] It was somebody, it wasn't an Austin PD.
[01:28:57.760 --> 01:29:00.760] I think it was like some forest ranger or some,
[01:29:00.760 --> 01:29:05.760] I'm not exactly sure, but I don't believe it was just a regular police officer.
[01:29:05.760 --> 01:29:09.760] And he went to Austin Municipal Court?
[01:29:09.760 --> 01:29:10.760] No, no, I'm sorry.
[01:29:10.760 --> 01:29:14.760] This actually went to the Justice of the Peace Court.
[01:29:14.760 --> 01:29:15.760] Okay.
[01:29:15.760 --> 01:29:19.760] But the JPC was not the Municipal Court.
[01:29:19.760 --> 01:29:20.760] Okay.
[01:29:20.760 --> 01:29:24.760] Well, and in this particular case then, has he read the statute
[01:29:24.760 --> 01:29:28.760] under Parks and Wildlife Code as to where and when he must have
[01:29:28.760 --> 01:29:31.760] a flotation device on his watercraft?
[01:29:31.760 --> 01:29:33.760] No, he has not yet.
[01:29:33.760 --> 01:29:34.760] But again, yeah.
[01:29:34.760 --> 01:29:35.760] And he's going to do that.
[01:29:35.760 --> 01:29:38.760] And he needs to look up the definition of watercraft,
[01:29:38.760 --> 01:29:40.760] isn't my surprising.
[01:29:40.760 --> 01:29:41.760] Interesting.
[01:29:41.760 --> 01:29:42.760] Okay.
[01:29:42.760 --> 01:29:43.760] Okay.
[01:29:43.760 --> 01:29:45.760] Yeah, it's probably a commercial definition.
[01:29:45.760 --> 01:29:46.760] Right.
[01:29:46.760 --> 01:29:49.760] And there's no, like if there's no complaint again.
[01:29:49.760 --> 01:29:50.760] Okay.
[01:29:50.760 --> 01:29:51.760] Oh, wait a minute.
[01:29:51.760 --> 01:29:52.760] Grant, we're going to break.
[01:29:52.760 --> 01:29:53.760] The music's playing.
[01:29:53.760 --> 01:29:54.760] We'll be right back, folks.
[01:29:54.760 --> 01:29:55.760] Grant, just hold on.
[01:29:55.760 --> 01:29:56.760] Linda, Susan, John, you're up next.
[01:29:56.760 --> 01:29:59.760] I'll be right back.
[01:29:59.760 --> 01:30:02.760] Top 10 reasons to question the official story of the Oklahoma City
[01:30:02.760 --> 01:30:03.760] bombing.
[01:30:03.760 --> 01:30:05.760] Number nine, the extra leg.
[01:30:05.760 --> 01:30:07.760] Former Oklahoma State Medical Examiner, Dr. Fred Jordan,
[01:30:07.760 --> 01:30:10.760] had stated, we had eight people with amputated left legs and nine
[01:30:10.760 --> 01:30:12.760] left legs to account for.
[01:30:12.760 --> 01:30:15.760] Chief pathologist for Northern Ireland, T.K. Marshall, who performed
[01:30:15.760 --> 01:30:19.760] over 2,500 autopsies in his time, stated, there's never been an
[01:30:19.760 --> 01:30:20.760] unknown victim.
[01:30:20.760 --> 01:30:23.760] This leg belongs to a perpetrator close enough to the bomb or his
[01:30:23.760 --> 01:30:26.760] body to be damaged, leaving only a left leg behind.
[01:30:26.760 --> 01:30:27.760] Who was this person?
[01:30:27.760 --> 01:30:30.760] Please go to okcbombingtruth.com.
[01:30:30.760 --> 01:30:34.760] You must have been a beautiful baby.
[01:30:34.760 --> 01:30:37.760] You must have been a beautiful child.
[01:30:37.760 --> 01:30:40.760] These days, a lot of parents are showing off their kids on the
[01:30:40.760 --> 01:30:41.760] net.
[01:30:41.760 --> 01:30:43.760] I'm Dr. Katherine Albright, and I'll be back to tell you why the
[01:30:43.760 --> 01:30:46.760] justice could be dangerous.
[01:30:46.760 --> 01:30:48.760] Privacy is under attack.
[01:30:48.760 --> 01:30:51.760] When you give up data about yourself, you'll never get it back
[01:30:51.760 --> 01:30:52.760] again.
[01:30:52.760 --> 01:30:55.760] And once your privacy is gone, you'll find your freedoms will
[01:30:55.760 --> 01:30:56.760] start to vanish too.
[01:30:56.760 --> 01:30:58.760] So protect your rights.
[01:30:58.760 --> 01:31:01.760] Say no to surveillance and keep your information to yourself.
[01:31:01.760 --> 01:31:04.760] Privacy, it's worth hanging on to.
[01:31:04.760 --> 01:31:06.760] This public service announcement is brought to you by
[01:31:06.760 --> 01:31:10.760] startpage.com, the private search engine alternative to Google,
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[01:31:42.760 --> 01:31:44.760] Some of these parents merely want to share their happiness with
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[01:31:47.760 --> 01:31:49.760] strangers might abuse the information.
[01:31:49.760 --> 01:31:52.760] Play it safe and keep photos private.
[01:31:52.760 --> 01:31:55.760] I'm Dr. Katherine Albright, more news and information at
[01:31:55.760 --> 01:32:24.760] KatherineAlbright.com.
[01:32:25.760 --> 01:32:27.760] I'm Dr. Katherine Albright.
[01:32:55.760 --> 01:33:20.760] Okay, folks, we are back.
[01:33:20.760 --> 01:33:22.760] We're taking your phone calls.
[01:33:22.760 --> 01:33:24.760] We've got Grant from Texas.
[01:33:24.760 --> 01:33:34.760] Okay. Okay, Grant, please continue. Okay, thank you. Okay, so my question, I guess, is
[01:33:34.760 --> 01:33:40.320] if my friend cannot find a complaint in the record, then how would he know what statute
[01:33:40.320 --> 01:33:43.560] has been violated in order to know what he's being charged with?
[01:33:43.560 --> 01:33:47.120] Well, he has a ticket, right? That's not going to tell him either most
[01:33:47.120 --> 01:33:52.200] of the time. That's exactly the point, Grant. That's the problem with the way they're doing
[01:33:52.200 --> 01:33:57.680] things. No one's getting fair notice. That's why you're allowed or required by law to be
[01:33:57.680 --> 01:34:01.000] given a copy of the dad-blame complaint before you go to trial.
[01:34:01.000 --> 01:34:06.920] Right. And he's discovered recently that obviously the ticket is not a complaint. I've explained
[01:34:06.920 --> 01:34:11.840] to him that it follows a certain particular form. So it seems like it denies him a defense
[01:34:11.840 --> 01:34:16.120] because if what you said is true, he would know to go to the statute and investigate
[01:34:16.120 --> 01:34:20.360] it, but how can you investigate anything? It seems that you would just be believing
[01:34:20.360 --> 01:34:21.640] that that's what you're being charged with.
[01:34:21.640 --> 01:34:25.080] And you move to dismiss the case based on lack of notice.
[01:34:25.080 --> 01:34:33.720] Yeah, lack of notice and lack of a valid verified complaint providing you that notice. You have
[01:34:33.720 --> 01:34:40.760] the right to know the nature and cause, and the cause is the law you allegedly violated.
[01:34:40.760 --> 01:34:47.080] Okay. Now, whenever someone goes down there and says, I want to look at the complaint,
[01:34:47.080 --> 01:34:54.520] then suddenly a complaint appears magically. Don't say that. I want to look at the record.
[01:34:54.520 --> 01:34:57.240] Don't tell them what you're looking for in the record.
[01:34:57.240 --> 01:35:02.360] That's what I told him. So in this case, I think my first friend, he did that. He said
[01:35:02.360 --> 01:35:07.280] the complaint, but he just asked to see the record, and they said there's nothing in the
[01:35:07.280 --> 01:35:14.680] record is actually what they told him. Okay. Then like I say, people need to keep a running
[01:35:14.680 --> 01:35:19.800] record of that. Create an affidavit. Check the record this date this time. No complaint.
[01:35:19.800 --> 01:35:27.400] Okay. And this brings up another issue, which kind of goes to mathematics and logic and set
[01:35:27.400 --> 01:35:35.160] theory. There's a difference between the empty set and something that's empty. Okay. And where
[01:35:35.160 --> 01:35:40.680] I'm going with this is that you said that they told him there's nothing in the record.
[01:35:40.680 --> 01:35:46.520] That means that there is a record, but there's nothing in it. That's different from there
[01:35:46.520 --> 01:35:53.640] not even being a record at all. Okay. So in future times, when you all go down to the
[01:35:53.640 --> 01:35:58.360] courthouse and ask to look at the record, if they say there's nothing in the record,
[01:35:58.360 --> 01:36:03.240] you need to get the clerk to clarify what that means. Does that mean that there actually is
[01:36:03.240 --> 01:36:09.160] a file with my name on it and that there's just nothing that happens to be in that file,
[01:36:09.160 --> 01:36:13.480] or are you telling me that there is no file with my name on it? Okay. You got to get that
[01:36:13.480 --> 01:36:18.440] clarified. Because there should be a physical file, right? It's not just computerized, correct?
[01:36:18.440 --> 01:36:24.280] Well, even if it's all... There'll be a folder because there'll be a piece of paper, the citation,
[01:36:24.280 --> 01:36:29.560] at least it has to have some place to live. Even if everything is electronically,
[01:36:29.560 --> 01:36:36.600] it's still an electronic file. The point is there's been times where this happened in Williamson
[01:36:36.600 --> 01:36:43.560] County with Randy when he got arrested at the courthouse for pulling some of his famous shenanigans,
[01:36:44.120 --> 01:36:52.280] and he went to look at the file so that he could file documents in his defense, and there was no
[01:36:52.280 --> 01:36:58.520] file. Okay. There was no file period, and there was a good reason for that, because the prosecutor
[01:36:58.520 --> 01:37:03.720] had taken the file, had absconded with it. That's felony tempering with the government
[01:37:03.720 --> 01:37:08.280] document. But the point being, you need to find out if there is a file with your name on it,
[01:37:08.280 --> 01:37:13.880] whether it be strictly in electronic format, or whether paper, it doesn't matter. The point is,
[01:37:13.880 --> 01:37:19.000] is there a record with my name on it? In whatever media they may happen to store it on?
[01:37:19.000 --> 01:37:22.920] Right. I understand. Are they typically then, if you bring this up, are they
[01:37:23.480 --> 01:37:27.080] finding out, like if someone enters a plea of not guilty, are they then finding someone in the
[01:37:27.080 --> 01:37:32.680] back room to go then file a complaint just to kind of, you know, kind of fix the holes in the case?
[01:37:32.680 --> 01:37:39.960] Yes, they are, because until somebody enters a plea, they're relying on 27.14d to make them not
[01:37:39.960 --> 01:37:47.960] have to do the work. But like I said, that has to be waived in writing by the defendant. That's why
[01:37:47.960 --> 01:37:53.640] you're presuming to do it automatically without that signed waiver. That's why you've never,
[01:37:53.640 --> 01:37:59.000] never, never enter a plea until you see a complaint, because you don't know what you're
[01:37:59.000 --> 01:38:03.560] playing to. You could be playing the martyr. So, right, right, so should you, when you go,
[01:38:03.560 --> 01:38:06.440] should you just get like a proof of appearance? Like have a form?
[01:38:06.440 --> 01:38:09.560] You file an affidavit of appearance. That's all you file.
[01:38:10.440 --> 01:38:14.760] Okay. You can file the other affidavit asserting. There's nothing in the record
[01:38:14.760 --> 01:38:18.920] after you check the record on the day you make the appearance and file the affidavit for it.
[01:38:19.560 --> 01:38:23.400] Okay. Since, and my first friend, what they did, they told him to sign here
[01:38:23.400 --> 01:38:29.240] for a proof of appearance. And when he signed that form, it also indicated a plea,
[01:38:29.240 --> 01:38:35.720] and it also indicated waiving a jury trial. That's why he needs to withdraw the plea. That's
[01:38:35.720 --> 01:38:41.720] exactly what they do. They get you to sign the little electronic pad, then they stamp that
[01:38:41.720 --> 01:38:47.640] signature on paperwork you've never seen with a set of circumstances and decisions you didn't
[01:38:47.640 --> 01:38:54.520] okay. Don't ever sign that electronic pad. That little pad is identity theft real time.
[01:38:55.640 --> 01:39:01.480] It takes your signature and stamps it onto documentation that you were completely unaware of
[01:39:02.760 --> 01:39:09.320] and then made to appear as if you yourself signed it and located it. Right. Well, I'll say one final
[01:39:09.320 --> 01:39:14.520] thing and then I'll let you go. When my friend, I was contesting the speeding ticket, the judge
[01:39:14.520 --> 01:39:19.400] asked me, he said, oh, sir, are you on the docket or do you need something? And I said, no, I'm just
[01:39:19.400 --> 01:39:25.320] a member of the public that compares the criminal code of procedure for the actual proceedings
[01:39:25.320 --> 01:39:30.920] in the court to see if they match up. And her eyebrows raised up. And she said, oh, I said,
[01:39:30.920 --> 01:39:35.880] she said, what did you find? I said, I find it really interesting. She said, okay, well good.
[01:39:37.560 --> 01:39:42.360] And then she told the court, she said, let's make sure this gentleman here gets everything,
[01:39:42.360 --> 01:39:46.440] get everything in the record. She said, make sure he gets that complaint for him. Let's take
[01:39:46.440 --> 01:39:50.920] care of him. And then she proceeded to just lavage praise on him. She did really good.
[01:39:51.560 --> 01:39:54.760] And I think she was just trying to take the wind out of the sail, so to speak.
[01:39:54.760 --> 01:39:55.240] Yeah.
[01:39:55.240 --> 01:39:57.240] She was saying, wow, he got praised by the judge.
[01:39:59.720 --> 01:40:00.840] Which judge was this?
[01:40:01.880 --> 01:40:03.960] I don't recall the name, to be honest with you.
[01:40:05.320 --> 01:40:05.720] All right.
[01:40:06.360 --> 01:40:09.000] But that's pretty much it. So thank you all for your time.
[01:40:09.000 --> 01:40:10.760] All right. Thanks, Grant.
[01:40:10.760 --> 01:40:12.360] Okay. Take care. Okay. Bye-bye.
[01:40:12.360 --> 01:40:14.760] All right. We're going now to Linda in Tennessee.
[01:40:14.760 --> 01:40:17.480] Linda, thank you for calling in. What is your question for us tonight?
[01:40:18.680 --> 01:40:23.560] Thank you. I live in Memphis, and we have car inspections before we can get tagged.
[01:40:24.360 --> 01:40:31.080] And in the past, we just had mechanical, you know, check the lights and the directionals,
[01:40:31.080 --> 01:40:36.600] and then they would put a probe in the exhaust pipe to see what the fumes before the exhaust was.
[01:40:36.600 --> 01:40:44.200] Last week, I took one of my vehicles in there, and I was kind of startled when the inspector
[01:40:44.200 --> 01:40:49.960] asked me to get out of my car. And I said, why? And she, I could see the body language that,
[01:40:49.960 --> 01:40:55.320] you know, that, you know, all questioned me. And she said, well, we have to do an on-board
[01:40:55.320 --> 01:40:59.320] diagnostic on the car. And I said, well, what does that mean?
[01:40:59.320 --> 01:41:04.760] She goes, well, I see that your check engine light's not working because of some things
[01:41:04.760 --> 01:41:12.280] that I had, was asked to do. And so, seeing kind of knock-off center, I got out of the car,
[01:41:12.280 --> 01:41:20.040] and she got in, and she did a diagnostic test. And my car has 230,000 miles on it. It has a
[01:41:20.040 --> 01:41:25.320] miss in it. It knocks. You know, two sensors has been an issue. And she said, when she was done,
[01:41:25.320 --> 01:41:34.520] she said, according to this, you have failed the, the inspection. And, but this year, we're still
[01:41:34.520 --> 01:41:40.840] not using this completely. We are going to, they went ahead and they did the exhaust test,
[01:41:40.840 --> 01:41:47.160] and that came out clean. Absolutely no problem. And she said, we will let you pass this time,
[01:41:47.160 --> 01:41:55.720] but next year, be prepared that if this comes up again, you will not pass. Okay. My issue is,
[01:41:56.200 --> 01:42:01.160] they're asking me to hand over my private vehicle, my private property to them, so they can
[01:42:01.160 --> 01:42:12.360] enter my private property and take information and use it against me or for me, when in the
[01:42:12.360 --> 01:42:22.440] past, the exhaust was perfectly fine. And it still is. They're not using this technique on
[01:42:23.080 --> 01:42:33.720] models that are older than 96 or 2008 to 2011. Linda, you may want to look in the, the traffic
[01:42:33.720 --> 01:42:40.840] code or in the vehicle code in your state to see what laws may have been passed recently concerning
[01:42:40.840 --> 01:42:46.600] inspections, because I know here in Texas, they've been slowly implementing this new scheme of having
[01:42:46.600 --> 01:42:52.680] these computerized inspections where it hooks up to your onboard computer, and it goes, all the
[01:42:52.680 --> 01:42:59.480] information goes directly to the state, the Department of Transportation, and it's all logged
[01:42:59.480 --> 01:43:06.680] with the state. And so you don't pass if it, if it, if their little computer says so, and the,
[01:43:06.680 --> 01:43:11.560] the government has the information immediately, and that's new law on the books here in Texas.
[01:43:11.560 --> 01:43:15.560] So you may want to look at the law, the laws in your state to see if they're implementing
[01:43:15.560 --> 01:43:22.200] something similar, because they probably are. Yeah. And what you're looking at here is the fact
[01:43:22.200 --> 01:43:28.440] that you're voluntarily going in and getting your automobile inspected to make it commercial ready
[01:43:28.440 --> 01:43:33.800] is what makes you susceptible to the necessity of meeting their demands. That's the problem.
[01:43:33.800 --> 01:43:38.280] It's just one of the things they're doing to deprive us of the use of our own property and
[01:43:38.280 --> 01:43:45.080] to control our movements within our own state or to other states. It's exactly what they're doing.
[01:43:45.080 --> 01:43:48.680] But if you'll hang on Linda, we're going to break, we'll pick you up on the other side. This is rule
[01:43:48.680 --> 01:43:55.240] of law radio 512-646-9284. Susan, John, we see you, we'll get you on the other side.
[01:43:55.240 --> 01:44:04.200] It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy,
[01:44:04.200 --> 01:44:08.760] and neither is finding like-minded people to share it with. Oh, well, I guess you haven't heard of
[01:44:08.760 --> 01:44:14.680] Brave New Books then. Brave New Books? Yes, Brave New Books has all the books and DVDs you're looking
[01:44:14.680 --> 01:44:19.960] for by authors like Alex Jones, Ron Paul, Angie Ebert Griffin. They even stock inner food,
[01:44:19.960 --> 01:44:27.000] Burkey products, and Calvin's Soaps. There's no way a place like that exists. Go check it out for
[01:44:27.000 --> 01:44:34.040] yourself. It's downtown at 1904 Guadalupe Street just south of UT. Oh, by UT? There's never anywhere
[01:44:34.040 --> 01:44:39.240] to park down there. Actually, they now offer a free hour of parking for paying customers at the
[01:44:39.240 --> 01:44:47.000] 500 MLK parking facility just behind the bookstore. It does exist, but when are they open? Monday
[01:44:47.000 --> 01:44:55.160] through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503,
[01:44:55.160 --> 01:44:58.120] or check out their events page at bravenewbookstore.com.
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[01:46:24.440 --> 01:46:37.240] Okay, folks, we are back. We're speaking with Linda. We've got Susan, John. We've got one more
[01:46:37.240 --> 01:46:42.440] segment left. We're going to try to jam in the rest of your calls here. Okay, Linda, most likely
[01:46:42.440 --> 01:46:49.320] in your state the transportation code only applies to commercial entities. That's the way it is here
[01:46:49.320 --> 01:46:54.120] in Texas, but everyone's been fooled into thinking that they need a license just to travel around
[01:46:54.120 --> 01:47:00.200] in their private conveyance. Once you fall into that trap, then you're in the trap.
[01:47:01.480 --> 01:47:06.200] I would suggest looking at the law and seeing what the law says in your state right now about
[01:47:06.200 --> 01:47:11.640] inspections because it's probably the same thing. Not only is all that information going to a database
[01:47:11.640 --> 01:47:17.640] directly to the state of Texas, but it's also being shared with the federal government through
[01:47:17.640 --> 01:47:24.680] all these fusion centers and everything else and internationally on my ad. Okay, I agree with you
[01:47:24.680 --> 01:47:32.120] and I understand this. What would be the first steps to back out of this system, this commercial
[01:47:32.120 --> 01:47:40.760] system? And what would it be, the traffic seminars that would help me? Because I've got a full year
[01:47:40.760 --> 01:47:48.360] yet to work with it and pulling myself out because this is not fully implemented yet. Its next year
[01:47:48.360 --> 01:47:54.840] is going to be completely, and I do not want to be part of this. I want out, but I want to do it
[01:47:54.840 --> 01:48:02.040] with the least amount of ruffles, which is not going to happen. Right. Well, understand that if you
[01:48:02.040 --> 01:48:09.240] do try to extricate yourself, the ruffles will get bigger, not less. Until you actually make the
[01:48:09.240 --> 01:48:15.080] stand and the point like I'm trying to do here. The seminar material will teach you how to read
[01:48:15.080 --> 01:48:20.520] and understand statutes. It will teach you how to research it, how to dissect it, follow the
[01:48:20.520 --> 01:48:25.240] rabbit trails, and so on and so forth. But you still have to take what you learn from that and
[01:48:25.240 --> 01:48:32.920] apply it to the code in your state. Okay. So the traffic seminar is what I need to start with,
[01:48:32.920 --> 01:48:40.760] or I heard the jurisdictionary. The jurisdictionary is what teaches you how to sue them once they
[01:48:40.760 --> 01:48:46.680] violate your right. When you can show that the traffic laws didn't apply to you to begin with
[01:48:46.680 --> 01:48:51.640] and they're being misused to abuse you, then you can file suit over that. The traffic seminar is
[01:48:51.640 --> 01:48:58.440] going to teach you how to read statute and dissect it and understand it. Using the Texas
[01:48:58.440 --> 01:49:03.400] Transportation Code as an example, and what you can do is you can read along in the Tennessee
[01:49:03.400 --> 01:49:13.080] Transportation Code to see where the similarities are. Okay, Eddie, how intense is this going to be?
[01:49:14.600 --> 01:49:21.880] I mean, what are you experiencing? Well, like I say, I fully go out when I go out in my car
[01:49:21.880 --> 01:49:27.320] knowing that I could be arrested at any point in my travel. And I expect that. And if it happens,
[01:49:27.320 --> 01:49:33.560] it happens. I know what to do to deal with it. But that's me. I can't say I would recommend
[01:49:33.560 --> 01:49:39.960] it to everybody. They don't have the nurse or the Constitution for it. But the only way we're
[01:49:39.960 --> 01:49:45.320] going to get back the freedom that belongs to us is to take it and to fight for it. The longer we
[01:49:45.320 --> 01:49:50.440] sit back and don't take the risk of standing up for ourselves, the longer it stays out of our
[01:49:50.440 --> 01:49:56.840] possession. And I for one got sick of that. So I can't speak for anyone else. I can only speak
[01:49:56.840 --> 01:50:04.840] for me. I got sick of putting up with it, and I'm not going to. So I learned what I had to learn
[01:50:04.840 --> 01:50:11.880] to stand on my own two feet and beat them up with their own rulebook. And I took that study time
[01:50:11.880 --> 01:50:17.560] and information, and I made a book out of it to help other people learn how to study it and apply
[01:50:17.560 --> 01:50:26.520] it wherever they live. As far as what it entails, it can be any number of things from just, yeah,
[01:50:26.520 --> 01:50:32.200] okay ma'am, have a nice day. Sorry we bothered you. And they'll call you a whack job behind your
[01:50:32.200 --> 01:50:38.040] back, but at least you're not in jail. All the way up to get out on the ground, get out and get
[01:50:38.040 --> 01:50:45.080] out and you're under arrest. It can be any of that. I can't tell you it won't be. It all depends on
[01:50:45.080 --> 01:50:50.680] what you're willing to go through to stand up for what you know is right. Well, I have grandson,
[01:50:50.680 --> 01:50:57.720] and this has been more of an issue than ever before as I see what kind of world they're going
[01:50:57.720 --> 01:51:04.920] to step into if I don't step up to the place and do something active instead of just standing around
[01:51:05.560 --> 01:51:09.160] talking and telling people about it. I will probably go forward with this.
[01:51:10.360 --> 01:51:16.040] Here's a hell of a lot of me, but nothing's going to be done, like you said, if we don't
[01:51:16.040 --> 01:51:23.960] do something ourselves. So I will be getting the seminar, and I thank you guys so much for all
[01:51:23.960 --> 01:51:28.760] the information that you put out there. All right. Thank you, Linda. Thank you. And if you have any
[01:51:28.760 --> 01:51:33.320] questions, Linda, you can always email me and ask them. I'll respond as quickly as I can through
[01:51:33.320 --> 01:51:39.400] all the ones that I get. All right. Thank you very much again. All right. Thank you. Okay,
[01:51:39.400 --> 01:51:46.120] we're going now to Susan in Texas. Susan, thanks for calling in. What is your question for us tonight?
[01:51:46.120 --> 01:51:51.640] Okay. Thank you for taking my call. I'm indigent, and I ask for counsel in my
[01:51:51.640 --> 01:51:58.920] traffic ticket cases, and the judge told me that I was not allowed any counsel. What's the statute
[01:51:58.920 --> 01:52:06.680] that says that I am allowed counsel? 1.05 code of criminal procedure, 1.051 code of criminal
[01:52:06.680 --> 01:52:16.280] procedure, Texas Constitution Article 1, Section 10. Okay. And another statement. Is the jury
[01:52:16.280 --> 01:52:24.200] foreman allowed to be a municipal court employee? No. Okay. But you have to disqualify them from
[01:52:24.200 --> 01:52:29.320] the jury pool by asking the right questions at Wadiar to find out if any of them are.
[01:52:29.320 --> 01:52:34.680] Okay. Well, I called and asked about, you know, asked for the name of the person that
[01:52:34.680 --> 01:52:40.360] was the jury foreman, and the girl works there at the courthouse. So... Well, now, wait a minute.
[01:52:41.240 --> 01:52:48.440] Have you gone in and selected your jury? Not yet. No. Okay. Then what you're asking for is not
[01:52:48.440 --> 01:52:55.320] what they're telling you. They're telling you who is the person that briefs the jury pool
[01:52:55.320 --> 01:53:03.240] that arrives for jury duty. That's going to be a court employee. Okay. The jury foreman will be
[01:53:03.240 --> 01:53:10.680] whoever is elected by the jurors themselves once they leave the room to decide your fate.
[01:53:10.680 --> 01:53:18.120] Okay. But one of the questions you ask when you select that jury is, is anyone directly employed,
[01:53:18.120 --> 01:53:25.160] related, associated, or companionized with any member of this court or the city?
[01:53:25.160 --> 01:53:32.680] Okay. All right. And I have another statement that I need to make. The data entry clerk
[01:53:32.680 --> 01:53:39.640] signed the complaint. I was under the impression that the district attorney had to sign the complaint.
[01:53:39.640 --> 01:53:44.760] No. District attorney cannot be the affient in a criminal complaint, nor can the clerk of the
[01:53:44.760 --> 01:53:50.440] court unless the clerk of the court is the actual witness. Okay. Otherwise, that involves the court
[01:53:50.440 --> 01:53:58.200] in the accusation and prosecution, which eliminates their jurisdiction because they cannot be fair
[01:53:58.200 --> 01:54:04.760] and impartial if they're the complainant. Right. Okay. And so I've set in a motion to
[01:54:06.280 --> 01:54:12.600] dismiss because of the lack of jurisdiction. Well, you also need to file a motion to quash
[01:54:14.200 --> 01:54:20.200] the complaint itself because it is signed by a clerk of the court, thus vesting the court
[01:54:20.200 --> 01:54:27.880] with the shroud of bias. Okay. And I also did that. I filed also a motion to quash the
[01:54:27.880 --> 01:54:34.840] complaint. Okay. So thank you so much for your time. All right. Thanks, Susan. Bye-bye. Bye.
[01:54:34.840 --> 01:54:39.800] Okay. We're going now to John in Texas. John, thank you for calling in. What's your question for us
[01:54:39.800 --> 01:54:49.800] tonight? Hi. Just real quick. I'm on appeal right now. And when I went to my arraignment,
[01:54:49.800 --> 01:54:59.160] could there be appeal? The judge, or magistrate, I guess asked me if I wanted a, what needed or
[01:54:59.160 --> 01:55:05.160] wanted an attorney. I indicated yes. He gave me the paperwork. I walked away and John was starting
[01:55:05.160 --> 01:55:12.040] to fill it out. And he decided that for whatever reason, I didn't have the right to that. Was
[01:55:12.040 --> 01:55:18.680] he wrong in doing that? Are you on a speakerphone? Yes, sir. Yeah. Can you take it off speakerphone,
[01:55:18.680 --> 01:55:37.240] please? Try. Okay. I can't do it. I'm sorry. The reason that I needed all the speakerphone,
[01:55:37.240 --> 01:55:39.880] so I can understand your answer. Yeah, we can't really hear what you're saying.
[01:55:40.600 --> 01:55:43.800] That's why when I screen the calls, I tell people to not use a speakerphone.
[01:55:43.800 --> 01:55:49.960] Right. That's all I have. Can you hear me now? Not really. But anyway, Eddie,
[01:55:49.960 --> 01:55:54.200] I think he was asking if it was okay for this magistrate to change his mind about assigning
[01:55:54.200 --> 01:56:00.600] him an attorney. He's made a statement here I'm not following. You're on an appeal and they had
[01:56:00.600 --> 01:56:07.000] an arraignment. Are you on an appeal or are you on a trial de novo? I believe I'm saying that
[01:56:07.000 --> 01:56:16.360] trial de novo, I lost my first case, so I'm appealing it. Okay. But was the court your
[01:56:16.360 --> 01:56:23.720] trial was held in a court of record? Was there a court reporter? I guess the county municipal
[01:56:23.720 --> 01:56:30.200] court? There is no such thing as a county municipal court. Was your first court a court of record?
[01:56:30.200 --> 01:56:36.280] I'm not certain. I was going to request one, but I haven't gotten there yet.
[01:56:37.640 --> 01:56:42.520] Was there a court reporter at the trial? I did not see one.
[01:56:43.960 --> 01:56:46.200] Well, she'd have been hard to miss or he'd have been hard to miss,
[01:56:46.200 --> 01:56:52.040] had been sitting right up front. Okay. Okay. Where was the trial?
[01:56:52.040 --> 01:57:00.360] The trial was originally in Nandere County J.P. Court.
[01:57:02.600 --> 01:57:07.480] Okay. It's a J.P. Court, so most likely they didn't do it as a court of record. You need
[01:57:07.480 --> 01:57:12.200] to find out whether or not they're supposed to be, however, because if they are and they didn't,
[01:57:12.200 --> 01:57:17.560] they have a problem. But in any case, you go to county court. It's a traffic citation?
[01:57:17.560 --> 01:57:23.000] Yes, sir. Okay. If it's a traffic citation, the reason the judge
[01:57:23.000 --> 01:57:29.960] denied you counsel is because it's a traffic citation. Again, violating 1.05 and 051,
[01:57:29.960 --> 01:57:36.680] Code of Criminal Procedure and Article 1, Section 10, Texas Constitution. It clearly states,
[01:57:36.680 --> 01:57:41.000] in all criminal prosecutions, the accused shall have right to be heard by themselves,
[01:57:41.000 --> 01:57:53.880] by counsel, or by both. Okay. Okay. So that answers my question. I just want to make sure
[01:57:53.880 --> 01:57:57.560] I was reading what I was reading. Okay. Great, John. All right. We're going to let you go.
[01:57:57.560 --> 01:58:00.040] We've got one minute left. I'm going to try to jam in this last caller.
[01:58:00.680 --> 01:58:04.440] Danny from Texas, I'm sorry. The bumper just started. You got less than 60 seconds. What
[01:58:04.440 --> 01:58:12.440] do you got for us? Okay. Well, I have a property that's known as historic in Austin. They stopped
[01:58:13.000 --> 01:58:21.080] paying us for our historic thing, or whatever you call it, the abatement. I believe they're
[01:58:21.080 --> 01:58:26.520] taking property rights without just compensation. What do you think? Okay. Danny, that's going to be
[01:58:27.240 --> 01:58:30.440] we're going to need a little bit more detail. So we're going to have to cover that Thursday night.
[01:58:30.440 --> 01:58:35.160] Yeah, Danny, can you please call back in on Thursday? Yeah, I'd love to. Okay. Sorry. Yeah,
[01:58:35.160 --> 01:58:38.600] folks need to get in line early. All right. Thank you, Danny. Yeah, we need to talk about
[01:58:38.600 --> 01:58:43.240] these historical properties. It's a very important issue. All right, folks. This has been the rule
[01:58:43.240 --> 01:58:49.880] of law Monday edition, Eddie's night, traffic night, and other issues. Please tune in for the rest of
[01:58:49.880 --> 01:58:54.760] the week to tomorrow night. Tom Kiley, Agenda 21 Talk, Wednesday night, free online report,
[01:58:54.760 --> 01:58:57.320] and truth exposed radio. We will be back on Thursday.
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