ROL_2013-10-18_16k_Hr3-4.timecode
[00:12.000 --> 00:17.000] This is Justin Armand.
[00:17.000 --> 00:19.000] And this is Jessica Armand.
[00:19.000 --> 00:24.000] Here with your Liberty Beat for Tuesday, October 17, 2013.
[00:24.000 --> 00:35.000] Gold opens today at $1,317, silver at $22.03, and Bitcoin is trading at $141.84.
[00:35.000 --> 00:41.000] The Liberty Beat is sponsored by Sons of Liberty Mint, specializing in usable and divisible
[00:41.000 --> 00:44.000] silver and known for their excellent customer service.
[00:44.000 --> 00:47.000] Online at SonsofLibertyMint.com.
[00:47.000 --> 00:51.000] That's S-U-N-S of LibertyMint.com.
[00:51.000 --> 00:57.000] And from Central Texas Gunworks, CHL Forces, self-defense training and firearm sales,
[00:57.000 --> 01:01.000] online at CentralTexasGunworks.com.
[01:01.000 --> 01:03.000] And now the news.
[01:03.000 --> 01:06.000] The 16-day federal government shutdown comes to a close.
[01:06.000 --> 01:10.000] That happens as the House and Senate negotiate a deal to end the closure,
[01:10.000 --> 01:12.000] and President Obama signs off on the agreement.
[01:12.000 --> 01:17.000] The Associated Press reports that the deal will fund government until January 15.
[01:17.000 --> 01:23.000] Furloughed federal employees are expected to return to work today.
[01:23.000 --> 01:27.000] It's back to school for a Greenville, South Carolina special needs student
[01:27.000 --> 01:30.000] suspended for drawing a picture of a bomb.
[01:30.000 --> 01:35.000] The boy's mother tells WTOC-TV it all started when young Rhett, who has autism,
[01:35.000 --> 01:37.000] drew a cartoon-style bomb while at home.
[01:37.000 --> 01:42.000] A fan of the video game Bomberman, Rhett took the picture to Hillcrest Middle School
[01:42.000 --> 01:43.000] to show his fellow students.
[01:43.000 --> 01:48.000] However, they turned him in to school officials who placed Rhett on indefinite suspension.
[01:48.000 --> 01:51.000] Now, following a school hearing, which included an autism expert,
[01:51.000 --> 01:58.000] Rhett is cleared and allowed to return to class.
[01:58.000 --> 02:03.000] The NSA collaborates extensively with the CIA to make America's deadly drone program work.
[02:03.000 --> 02:08.000] That's the latest revelation from documents leaked from former NSA contractor Edward Snowden.
[02:08.000 --> 02:12.000] The Washington Post reports that the documents conclusively reveal
[02:12.000 --> 02:16.000] that the drone program relies heavily on the NSA's ability to gather information
[02:16.000 --> 02:19.000] from emails, phone calls, and other related data.
[02:19.000 --> 02:24.000] The targeted killing drone program is usually portrayed as an exclusive CIA program.
[02:24.000 --> 02:29.000] The Freedom of Healthcare Protection Act criminalizes attempts to implement
[02:29.000 --> 02:33.000] the controversial law and prohibits certain individuals from enforcing
[02:33.000 --> 02:37.000] or attempting to enforce such unconstitutional laws.
[02:37.000 --> 02:42.000] The law would empower the State Attorney General to restrain by temporary restraining order
[02:42.000 --> 02:46.000] any person who attempted to cause harm to a person or business
[02:46.000 --> 02:49.000] with the implementation of Obamacare.
[02:49.000 --> 02:52.000] The bill now moves to the Senate Committee on Finance.
[02:52.000 --> 02:54.000] You've been listening to the Liberty Beat.
[02:54.000 --> 03:16.000] Remember, freeing your mind is freeing our world.
[03:16.000 --> 03:45.000] Hello, this is Joe Esquil Randy Kelton back at you.
[03:45.000 --> 03:50.000] And we are going to go with Debbie in Texas.
[03:50.000 --> 03:53.000] Debbie, how are you today?
[03:53.000 --> 03:57.000] Fine, thank you.
[03:57.000 --> 04:00.000] So what have you got to share with us today, Debbie?
[04:00.000 --> 04:06.000] I have been trying to go before the grand jury, the state grand jury,
[04:06.000 --> 04:09.000] and I've been blocked in every way I can.
[04:09.000 --> 04:13.000] And they said that I can't unless I have recommendations from the district attorney.
[04:13.000 --> 04:16.000] How can I get before the grand jury?
[04:16.000 --> 04:19.000] Wait a minute, who said that?
[04:19.000 --> 04:22.000] The district attorney.
[04:22.000 --> 04:25.000] File criminal charges against the district attorney.
[04:25.000 --> 04:28.000] Are your complaints against public officials?
[04:28.000 --> 04:31.000] No.
[04:31.000 --> 04:33.000] Oh, okay.
[04:33.000 --> 04:41.000] Then the recommended, the statutory way of pursuing criminal complaints
[04:41.000 --> 04:47.000] is you make up a criminal complaint with an attached affidavit,
[04:47.000 --> 04:52.000] and you take it to a notary and have it authenticated,
[04:52.000 --> 04:59.000] and you present it to some magistrate.
[04:59.000 --> 05:02.000] The magistrate is going to refuse to act on it.
[05:02.000 --> 05:04.000] He's going to give you sage advice and say,
[05:04.000 --> 05:07.000] why you really need to do this with it or do that with it?
[05:07.000 --> 05:11.000] They'll generally tell you to take it to the police department.
[05:11.000 --> 05:16.000] And when they tell you that, you say, oh, well, thank you very much, Judge.
[05:16.000 --> 05:20.000] And then you go to the district attorney with criminal complaints
[05:20.000 --> 05:27.000] against the magistrate for not performing their duty.
[05:27.000 --> 05:34.000] Nothing in law anywhere directs a complaint to a police officer
[05:34.000 --> 05:41.000] or a policing agency or a prosecuting attorney.
[05:41.000 --> 05:47.000] Now, a prosecuting attorney is authorized by law to take a criminal complaint,
[05:47.000 --> 05:52.000] but nothing directs a complaint to a prosecuting attorney.
[05:52.000 --> 06:00.000] Everything directs a complaint to some magistrate.
[06:00.000 --> 06:09.000] However, with that said, Article 20.09 Texas Code of Criminal Procedure
[06:09.000 --> 06:13.000] addresses duties of grand jurors.
[06:13.000 --> 06:20.000] It shall be the duty of the grand jury to examine into all criminal accusations
[06:20.000 --> 06:24.000] that come by way of their own knowledge,
[06:24.000 --> 06:31.000] by way of the prosecuting attorney or any credible person.
[06:31.000 --> 06:40.000] If you're over 18, never convicted of a felony by statute, you are a credible person.
[06:40.000 --> 06:50.000] Since the grand jury is required to examine into any complaint by any credible person,
[06:50.000 --> 06:56.000] to secrete your complaint from the grand jury is committing an act of official misconduct
[06:56.000 --> 07:00.000] or official impoverishment.
[07:00.000 --> 07:07.000] They're exerting or purporting to exert an authority they do not expressly have.
[07:07.000 --> 07:11.000] If we are going to get to these folks,
[07:11.000 --> 07:19.000] we have to let them know that we're fixing to kick everybody's behind who gets in our way.
[07:19.000 --> 07:23.000] Do you listen to our show very much?
[07:23.000 --> 07:25.000] I've just started listening.
[07:25.000 --> 07:31.000] Now, I had filed a criminal complaint with the police department concerning this matter.
[07:31.000 --> 07:35.000] The police department did an erroneous investigation
[07:35.000 --> 07:40.000] because it had to do with the criminal complaint against the good old boy.
[07:40.000 --> 07:46.000] That's why I don't mess with police departments.
[07:46.000 --> 07:55.000] Here's where the law is. Nothing directs a complaint to a police department, anywhere, ever.
[07:55.000 --> 08:00.000] If you're going to get them to act on your complaints the way they're supposed to,
[08:00.000 --> 08:02.000] you're just going to have to fight with them.
[08:02.000 --> 08:06.000] Nobody wants to do their job.
[08:06.000 --> 08:12.000] Everybody's got enough to do they don't want to do anymore.
[08:12.000 --> 08:14.000] They are public officials.
[08:14.000 --> 08:20.000] You are a, I don't want to say sovereign.
[08:20.000 --> 08:27.000] You're not exactly a sovereign, but you are a member of this republic.
[08:27.000 --> 08:30.000] You're not a citizen either.
[08:30.000 --> 08:32.000] The citizen's a subject.
[08:32.000 --> 08:35.000] This is a republic.
[08:35.000 --> 08:41.000] The term I like to use is you are the master of all our public servants.
[08:41.000 --> 08:51.000] And in your law, you authorized your public servants to do certain things.
[08:51.000 --> 08:59.000] You did not only authorize them, you required that they perform certain duties.
[08:59.000 --> 09:10.000] And you gave them no authority to do anything that they are not specifically authorized by law to do.
[09:10.000 --> 09:19.000] So the way I do it is I'll go to a magistrate with a criminal complaint.
[09:19.000 --> 09:25.000] They'll give me sage advice, say, oh, well, you really need to take this to the police department.
[09:25.000 --> 09:28.000] Oh, well, thank you very much, Judge.
[09:28.000 --> 09:33.000] Now, I'm not going to give that magistrate legal advice.
[09:33.000 --> 09:37.000] If he wants legal advice, he can go to the district attorney and get it,
[09:37.000 --> 09:46.000] because that's where I'm going next with criminal charges against the magistrate for misfeasance in office
[09:46.000 --> 09:51.000] for failing to perform a duty he's required to perform under Article 210-211,
[09:51.000 --> 09:57.000] or 2.10-2.11, Texas Code of Criminal Procedure,
[09:57.000 --> 10:06.000] which makes it his duty to hold an examining court to examine any criminal accusations.
[10:06.000 --> 10:14.000] If he fails to do that, then I go to the district attorney with a charge under 39.03 Texas Penal Code.
[10:14.000 --> 10:19.000] If a public official exerts or purports to exert an authority he does not expressly have
[10:19.000 --> 10:26.000] or fails to perform a duty he is required to perform,
[10:26.000 --> 10:31.000] and in the process denies a citizen a full and free access to or enjoyment of right,
[10:31.000 --> 10:36.000] that's a Class A misdemeanor in Texas, up to a year in prison.
[10:36.000 --> 10:43.000] When the magistrate fails to hold an examining trial in accordance to Chapter 16 Code of Criminal Procedure,
[10:43.000 --> 10:48.000] he denies you and your right to petition the court for redress of grievance,
[10:48.000 --> 10:50.000] and that's a Class A misdemeanor.
[10:50.000 --> 10:57.000] You take that complaint to the district attorney, and he's going to refuse to act.
[10:57.000 --> 11:06.000] Article 2.03 Code of Criminal Procedure specifically commands a prosecuting attorney.
[11:06.000 --> 11:10.000] When he has made known in any manner that a public official has violated a law relating to his office,
[11:10.000 --> 11:14.000] he shall reduce complaint to an information submitted to the grand jury.
[11:14.000 --> 11:17.000] Used to say forthwith, they took that out.
[11:17.000 --> 11:23.000] No discretion. He must present it to the grand jury.
[11:23.000 --> 11:28.000] So I take a complaint to the prosecutor, he's going to refuse to give it to the grand jury.
[11:28.000 --> 11:30.000] They protect each other.
[11:30.000 --> 11:38.000] So then you go to the attorney general with criminal complaints against the district attorney,
[11:38.000 --> 11:43.000] and when he refuses to act, you go to the chief justice of the Supreme Court
[11:43.000 --> 11:46.000] with criminal complaints against the attorney general.
[11:46.000 --> 11:54.000] He says, you guys don't want to do your job, I'll see how much political garbage I can throw at you.
[11:54.000 --> 12:03.000] Right now, they will lie to you, they will do anything they want to,
[12:03.000 --> 12:13.000] and they know that for the most part, most people will not make them pay.
[12:13.000 --> 12:18.000] If we don't start standing up to them and making them do their job, they're not going to do it.
[12:18.000 --> 12:23.000] Then there is really no way the public can ever get to the grand jury.
[12:23.000 --> 12:28.000] Of course there is. I presented all the highest judges in Texas to the grand jury about four years ago.
[12:28.000 --> 12:32.000] Almost got them all indicted. Darn right there is.
[12:32.000 --> 12:38.000] But it's not easy. Everybody's not going to do what you want them to do.
[12:38.000 --> 12:42.000] They're going to do what they want to do.
[12:42.000 --> 12:47.000] If you don't act like the master, they'll be the masters, and that's the way it is right now.
[12:47.000 --> 12:54.000] If you expect them to do what they're supposed to, you are dreaming.
[12:54.000 --> 12:59.000] These guys are not going to deliberately make their lives difficult.
[12:59.000 --> 13:03.000] They're going to do whatever they're supposed to do.
[13:03.000 --> 13:04.000] Pardon me?
[13:04.000 --> 13:08.000] So far they haven't done what they're supposed to do.
[13:08.000 --> 13:10.000] Of course they haven't.
[13:10.000 --> 13:19.000] But as a public citizen, is there any other way that I could ever get before the grand jury?
[13:19.000 --> 13:24.000] There's a number of ways, but they're not going to do that easily.
[13:24.000 --> 13:27.000] Make up a set of complaints.
[13:27.000 --> 13:31.000] Go down to what county are you in?
[13:31.000 --> 13:34.000] Lubbock.
[13:34.000 --> 13:37.000] Oh, Lubbock, okay.
[13:37.000 --> 13:45.000] You can call the district court and ask what court has a grand jury.
[13:45.000 --> 13:53.000] Because if you have more than one district court, they rotate the grand juries out with the court
[13:53.000 --> 13:57.000] so that a different judge has a grand jury each time.
[13:57.000 --> 14:04.000] Ask which court has a grand jury, and then contact the court coordinator for that court.
[14:04.000 --> 14:07.000] It's kind of a secretary for the judge.
[14:07.000 --> 14:15.000] And ask the court coordinator when the grand jury is next scheduled to meet.
[14:15.000 --> 14:24.000] And then on the day they're scheduled to meet, go down to the courthouse and ask where the grand jury normally meets.
[14:24.000 --> 14:29.000] And then go down there, there'll be a bailiff standing in front of the door.
[14:29.000 --> 14:39.000] Tell the bailiff, tell him your name, and tell him to instruct the foreman that I have business with the grand jury.
[14:39.000 --> 14:45.000] And he's going to tell you, if you have a grand jury complaint, you need to take it to the prosecuting attorney.
[14:45.000 --> 14:52.000] Instruct the foreman that I have business with the court.
[14:52.000 --> 15:04.000] If he does not call 911, ask the police to come down and take a criminal complaint against the bailiff for official misconduct.
[15:04.000 --> 15:12.000] Generally, if the bailiff's smart, he'll say, may I tell him the nature of the business?
[15:12.000 --> 15:14.000] But most of them will do that.
[15:14.000 --> 15:20.000] You say, yes, you may, and hand him a sealed folder.
[15:20.000 --> 15:23.000] He will do one of two things with it.
[15:23.000 --> 15:31.000] He will either give it to the grand jury or he'll fake it and give it to the district attorney.
[15:31.000 --> 15:38.000] If he gives it to the district attorney, the district attorney will call you and tell you they examined into your accusation and decided to take no action.
[15:38.000 --> 15:44.000] You come back to the next session of the grand jury, do the same thing,
[15:44.000 --> 15:52.000] except this time the complaint will be against the district attorney for shielding criminal complaints from the grand jury.
[15:52.000 --> 16:04.000] When he gets that one, then you go to the attorney general with criminal complaints against the district attorney for shielding criminal complaints from the grand jury.
[16:04.000 --> 16:17.000] And you create a situation to where if anybody happens to be upset at this district attorney, they can push him out of office using your complaints.
[16:17.000 --> 16:19.000] This is how we have to do it.
[16:19.000 --> 16:22.000] It's not easy.
[16:22.000 --> 16:26.000] It's not easy because everybody's tried to do everything easy.
[16:26.000 --> 16:30.000] And when it didn't happen easy, they quit.
[16:30.000 --> 16:31.000] Yeah.
[16:31.000 --> 16:34.000] We're here about how to get it done.
[16:34.000 --> 16:36.000] And there's an upside to it.
[16:36.000 --> 16:40.000] You'll find it gets to be a lot of fun when you're kicking their behinds.
[16:40.000 --> 16:41.000] Hang on.
[16:41.000 --> 16:42.000] This is about to go to break.
[16:42.000 --> 16:50.000] This is Randy Kelton, David Stevens, Rule of Law Radio, our call in number 512-646-1984.
[16:50.000 --> 16:51.000] Give us a call.
[16:51.000 --> 16:53.000] The calls generally build up toward the end.
[16:53.000 --> 16:54.000] So give us a call.
[16:54.000 --> 16:55.000] Get in line.
[16:55.000 --> 17:00.000] We'll be right back.
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[19:00.000 --> 19:12.000] You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.000 --> 19:17.000] Well, don't let nothing get to you. Only the Father can deliver you.
[19:17.000 --> 19:24.000] Don't let bad-minded people hurt you. Until Satan gets behind you.
[19:24.000 --> 19:30.000] Know what I mean? Bye, friend.
[19:54.000 --> 20:22.000] Okay, we are back.
[20:22.000 --> 20:27.000] We are back.
[20:27.000 --> 20:32.000] Oh, it looks like we lost Debbie.
[20:32.000 --> 20:38.000] Let me refresh this page. Maybe I can bring her back.
[20:38.000 --> 20:44.000] But this is really our favorite thing to do, is due process.
[20:44.000 --> 20:49.000] This is where we started out with due process, and it is difficult.
[20:49.000 --> 20:53.000] We realize that nobody does what they are supposed to.
[20:53.000 --> 21:00.000] Public officials do whatever they want to, and they can only do that because we have allowed them to do it.
[21:00.000 --> 21:08.000] We have put together a process where we can go after them and take them to task, but we have to work at it.
[21:08.000 --> 21:13.000] We have to go after them, and if we don't, they are going to continue to do whatever they want to.
[21:13.000 --> 21:21.000] It seems we have lost Debbie, so we are going to go to Ms. Francis in Colorado. Hello, Ms. Francis.
[21:21.000 --> 21:25.000] Hi, Randy. Thanks for taking my call.
[21:25.000 --> 21:29.000] Hello, Heidi. What do you have for us today?
[21:29.000 --> 21:35.000] Well, it is on agency, but it is on the deal with the mother-in-law.
[21:35.000 --> 21:45.000] The judge would not make a decision today about whether or not my husband could attend by telephone.
[21:45.000 --> 21:58.000] We are guessing that he should probably drive the seven hours up there and be there in time to be in court.
[21:58.000 --> 22:03.000] That is what we are going to have to do.
[22:03.000 --> 22:19.000] What they are likely to do when he drives the seven hours up there is an hour before the court starts, they will continue the case.
[22:19.000 --> 22:26.000] This is how they wear you down, especially if you are working without a lawyer.
[22:26.000 --> 22:34.000] Well, now let me just say this about working without a lawyer. He is guardian, court-appointed guardian through this court
[22:34.000 --> 22:38.000] that he had power of attorney for health and power of attorney durable.
[22:38.000 --> 22:45.000] His attorney that he hired did not adjudicate and did not question the presumption of agency.
[22:45.000 --> 22:52.000] Now we are realizing that this whole thing, well, there is a court-appointed conservator as well,
[22:52.000 --> 23:01.000] and she and her banker attorney are refusing to reimburse him for the cost of sending up certified letters,
[23:01.000 --> 23:10.000] which is the only way we have to file into that court, and they are likewise refusing to pay for a retainer for an attorney
[23:10.000 --> 23:16.000] since his former attorney quit. So they have really handicapped him.
[23:16.000 --> 23:22.000] There is nothing that he can do. He is being forced to be pro se.
[23:22.000 --> 23:26.000] Has he filed a malpractice suit against these lawyers?
[23:26.000 --> 23:32.000] No, we haven't done that yet. I hadn't specifically asked you that question.
[23:32.000 --> 23:41.000] I did file a bar grievance for conspiracy to obstruct justice against the both of these ladies.
[23:41.000 --> 23:45.000] But that goes through. That is a bar grievance.
[23:45.000 --> 23:48.000] Did you hear anything back from the bar grievance?
[23:48.000 --> 23:55.000] No, not yet. We just got the green cards back from the certified letters.
[23:55.000 --> 23:59.000] Oh, okay. This isn't going to make them real unhappy.
[23:59.000 --> 24:06.000] You might consider writing up a tort letter against these lawyers.
[24:06.000 --> 24:08.000] Okay.
[24:08.000 --> 24:16.000] And notify them that by their misfeasance and their failure to perform, that you have been harmed.
[24:16.000 --> 24:22.000] You've been harmed in this amount. Make me wholly be sued.
[24:22.000 --> 24:30.000] They hate pro se. Darn pro se. They sue us. Lawyers wouldn't do that to us.
[24:30.000 --> 24:36.000] And sue them in the federal court in Colorado.
[24:36.000 --> 24:39.000] Oh, okay.
[24:39.000 --> 24:44.000] Because you're in Colorado. They're in South Dakota.
[24:44.000 --> 24:50.000] That makes a diversity of jurisdiction sue them in the Fed in Colorado.
[24:50.000 --> 24:56.000] And if they're not certified to practice in the Fed in Colorado, they couldn't represent anyway.
[24:56.000 --> 25:00.000] They'll have to hire a lawyer to represent them.
[25:00.000 --> 25:01.000] Okay.
[25:01.000 --> 25:08.000] So you guys want to play hardball? Welcome to the deep end of the pool.
[25:08.000 --> 25:16.000] Okay. Well, now the court told Galen that he should plan to be there on Monday afternoon at 1.30.
[25:16.000 --> 25:19.000] So the judge had been tied up with the case.
[25:19.000 --> 25:24.000] So that's what we're basically planning to do is to have him drive up there.
[25:24.000 --> 25:33.000] And the only thing is that I can't stand here with flashcards and listen to him on the speakerphone in the courtroom.
[25:33.000 --> 25:35.000] And so he's pretty nervous about this.
[25:35.000 --> 25:47.000] But basically, Randy, the deal is, as you know, that the mother-in-law lacked capacity six months before the attorney stated out of his mouth,
[25:47.000 --> 25:57.000] which they can't do, that they had a contract with Mrs. Amerson in October of 2012.
[25:57.000 --> 26:04.000] And we have a doctor's notice that says she was incapable of signing any legal documents in March of 2012.
[26:04.000 --> 26:12.000] And my husband had power of attorney from 2011, which would mean that he would have been the one that would have had to execute that document.
[26:12.000 --> 26:14.000] Is that correct?
[26:14.000 --> 26:20.000] That's if he had power of attorney and she was incompetent, absolutely.
[26:20.000 --> 26:22.000] You should sue these lawyers.
[26:22.000 --> 26:23.000] Okay.
[26:23.000 --> 26:34.000] Sue these lawyers for all its cost to his mother's estate and all the grief they've caused you and sue them in triplicate.
[26:34.000 --> 26:36.000] Sue them in the federal court.
[26:36.000 --> 26:37.000] Oh, in the federal court.
[26:37.000 --> 26:44.000] Well, what we were hoping was that he could do on Monday was to move the court to dismiss
[26:44.000 --> 26:51.000] and then move them to reimburse her in triplicate because a fraud had been perpetrated on the court
[26:51.000 --> 26:55.000] and hope that the district court there in Rapid City, South Dakota would do that much
[26:55.000 --> 27:00.000] and that we could immediately get the funds from the conservator as well.
[27:00.000 --> 27:04.000] Yeah, guarantee you it's not going to happen.
[27:04.000 --> 27:10.000] He's going to go up there and that judge is going to rule against him on everything.
[27:10.000 --> 27:16.000] Even on agency when we have the doctors, we have original disorders.
[27:16.000 --> 27:19.000] Okay, you've got to understand.
[27:19.000 --> 27:23.000] It's like a multi-sided chess board.
[27:23.000 --> 27:26.000] I like to say a three-sided, but it's actually more than that.
[27:26.000 --> 27:36.000] You've got you and you've got not the client on the other side, but the lawyer on the other side.
[27:36.000 --> 27:38.000] And then you've got your lawyer.
[27:38.000 --> 27:40.000] That's like a three-sided chess board.
[27:40.000 --> 27:42.000] But now you've got to judge too.
[27:42.000 --> 27:49.000] And the problem is everything about multiple-sided chess board is everything about is about alliances.
[27:49.000 --> 27:53.000] Your lawyer has an alliance with their lawyer.
[27:53.000 --> 27:58.000] The lawyers get together and see how much money they can extract from the clients.
[27:58.000 --> 28:04.000] The judge has an alliance with both the lawyers because he works with them all the time.
[28:04.000 --> 28:05.000] And he was a lawyer.
[28:05.000 --> 28:11.000] So he helps the lawyers make as much money as they can so they can stay in business.
[28:11.000 --> 28:14.000] Everybody's against you.
[28:14.000 --> 28:17.000] So take it to them.
[28:17.000 --> 28:22.000] The best way to do this is to screw up their alliances.
[28:22.000 --> 28:24.000] You start suing them.
[28:24.000 --> 28:32.000] Because they're all in South Dakota, I guarantee you this judge is going to rule for his lawyer buddies.
[28:32.000 --> 28:37.000] He's not going to screw his lawyer buddies for some out-of-state pro se.
[28:37.000 --> 28:39.000] Well, yes.
[28:39.000 --> 28:42.000] Well, yeah, but it's his mother who's an in-state person.
[28:42.000 --> 28:45.000] But I guess, you know, I've been thinking that you're probably correct.
[28:45.000 --> 28:50.000] Well, now the problem with all of this is that his mother is no spring chicken.
[28:50.000 --> 28:54.000] She's being held in South Dakota, cannot move to Colorado.
[28:54.000 --> 28:58.000] They are not even willing to entertain the fact that they would move to Colorado.
[28:58.000 --> 29:05.000] They're looking to reassign the guardian and get Galen completely out of his mother's life so they can steal all of her money.
[29:05.000 --> 29:07.000] Sue them in the federal court.
[29:07.000 --> 29:09.000] Five attorneys against us.
[29:09.000 --> 29:17.000] So do we just file the suit or do we file a letter of intent to sue?
[29:17.000 --> 29:20.000] File a letter of intent to sue first.
[29:20.000 --> 29:21.000] Okay.
[29:21.000 --> 29:26.000] Give them 30 days to respond to be sued.
[29:26.000 --> 29:27.000] Okay.
[29:27.000 --> 29:31.000] And then on the 31st day, sue them.
[29:31.000 --> 29:36.000] And I'd suggest that your tort letter look like a lawsuit.
[29:36.000 --> 29:40.000] So they essentially know you mean business.
[29:40.000 --> 29:41.000] Hang on.
[29:41.000 --> 29:44.000] This is Randy Kelton, Douglas Stevens, Bureau of Law Radio.
[29:44.000 --> 29:48.000] Our call-in number, 512-646-1984.
[29:48.000 --> 29:49.000] Give us a call.
[29:49.000 --> 30:02.000] We will be right back.
[30:02.000 --> 30:05.000] The Soviets were known for interrogating people in back rooms.
[30:05.000 --> 30:11.000] Those days may be past, but they gave rise to some high-tech tools being used by Russian companies today.
[30:11.000 --> 30:15.000] I'm Dr. Catherine Albrecht, and I'll be back with details.
[30:15.000 --> 30:17.000] Privacy is under attack.
[30:17.000 --> 30:20.000] When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:30.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.000 --> 30:33.000] Privacy, it's worth hanging on to.
[30:33.000 --> 30:36.000] This public service announcement is brought to you by Startpage.com,
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[30:44.000 --> 30:51.000] Back in the Cold War days, Agent 007 might have been seduced into giving up his secrets to a hot Russian spy.
[30:51.000 --> 30:58.000] But fast forward a few decades, and today he might be fessing up to a cold-hearted machine, an ATM machine to be exact.
[30:58.000 --> 31:06.000] The Russian bank, Sperbank, is rolling out a high-tech ATM machine that uses 3-day facial recognition, a passport scanner, and voice analysis.
[31:06.000 --> 31:11.000] The machine asks questions like, do you have a job, or do you have unpaid bills?
[31:11.000 --> 31:15.000] The lie detector evaluates the customer's voice for nervousness.
[31:15.000 --> 31:21.000] Creepily, the voice analysis was developed using recordings of people undergoing police interrogations.
[31:21.000 --> 31:30.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000] The government says that fire brought it down.
[31:38.000 --> 31:43.000] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.000 --> 31:46.000] Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000] Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000] I'm not a conspiracy theorist.
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[31:52.000 --> 31:53.000] I'm an Air Force pilot.
[31:53.000 --> 31:55.000] I'm a father who lost his son.
[31:55.000 --> 31:57.000] We're Americans, and we deserve the truth.
[31:57.000 --> 32:00.000] Go to RememberBuilding7.org today.
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[33:25.000 --> 33:50.000] I want, oh I want, I won't let you pull the wool over my eyes.
[33:50.000 --> 33:57.000] They must refuse your news for so fervent lies.
[33:57.000 --> 34:05.000] It seems you like to spare, but please take some words to the wise.
[34:05.000 --> 34:20.000] Please stop trying to pull the wool over my eyes.
[34:20.000 --> 34:25.000] This is Randy Kelton, Deborah Stevens, Joe Esquivel, Rule Radio.
[34:25.000 --> 34:28.000] We're having way too much fun on the breaks.
[34:28.000 --> 34:33.000] We're talking to Miss Francis in Colorado.
[34:33.000 --> 34:37.000] Okay, yeah, I would take the fight to them.
[34:37.000 --> 34:41.000] Make up the lawsuit you would file against them.
[34:41.000 --> 34:48.000] And then change the heading of it to a tort letter, just a business heading.
[34:48.000 --> 34:51.000] Give them notice that you've been harmed.
[34:51.000 --> 34:56.000] Have it written in form of the lawsuit.
[34:56.000 --> 35:00.000] And then instead of a prayer, make me whole or be sued.
[35:00.000 --> 35:06.000] Tell them that, you know, you give them 30 days to make you whole or be sued on the 31st day.
[35:06.000 --> 35:10.000] Don't tell them you're going to sue in the Fed.
[35:10.000 --> 35:15.000] You file a suit in the Fed here, they're going to have a hemorrhage.
[35:15.000 --> 35:24.000] Okay, so we have three attorneys with one firm, and then we have the conservator, and then we have the conservator's attorney.
[35:24.000 --> 35:26.000] Get them all.
[35:26.000 --> 35:29.000] So do I do five separate suits?
[35:29.000 --> 35:31.000] No, no, all in one suit.
[35:31.000 --> 35:32.000] All in one suit.
[35:32.000 --> 35:34.000] Oh, see, that makes it easier.
[35:34.000 --> 35:37.000] Okay, so all in one suit.
[35:37.000 --> 35:40.000] Name each one separately.
[35:40.000 --> 35:50.000] Now, they can come to Colorado or they hire an attorney in Colorado and let him screw them the way they've been doing.
[35:50.000 --> 35:56.000] Because from what I can tell, lawyers screw other lawyers just like they do regular clients.
[35:56.000 --> 36:00.000] They don't cut lawyers any slack.
[36:00.000 --> 36:01.000] Okay.
[36:01.000 --> 36:02.000] All right.
[36:02.000 --> 36:08.000] So I think it's, so if it was you, would you go ahead and make the drive and show up in court?
[36:08.000 --> 36:10.000] Absolutely, I would make the drive.
[36:10.000 --> 36:23.000] And then if they dismiss it or they don't hold court, then send a notice to the court with your, with his costs, not just his travel costs, but his time.
[36:23.000 --> 36:27.000] How much is he worth an hour?
[36:27.000 --> 36:29.000] At least four or five hundred bucks.
[36:29.000 --> 36:30.000] Oh, four or five hundred bucks.
[36:30.000 --> 36:32.000] That's what I meant to say.
[36:32.000 --> 36:33.000] Okay.
[36:33.000 --> 36:34.000] He's expensive.
[36:34.000 --> 36:40.000] He's not some bottom feeding, scum sucking lawyer.
[36:40.000 --> 36:42.000] He's worth more than that.
[36:42.000 --> 36:44.000] And just bill them for it.
[36:44.000 --> 36:47.000] And then file against the court.
[36:47.000 --> 36:52.000] If the court orders you to come up there, they need to be ready.
[36:52.000 --> 36:57.000] But if they are ready, they're going to rule against him out of, out of hand.
[36:57.000 --> 37:02.000] And then you go after these lawyers for what they did improperly.
[37:02.000 --> 37:08.000] Primarily, you do a malpractice suit in the Fed against the lawyers.
[37:08.000 --> 37:11.000] That'll drive their insurance through the roof.
[37:11.000 --> 37:13.000] You bargain them a time or two and then sue them.
[37:13.000 --> 37:15.000] They'll cancel their insurance.
[37:15.000 --> 37:18.000] It'll really make their life a living hell.
[37:18.000 --> 37:21.000] They want to steal from an old lady.
[37:21.000 --> 37:23.000] Let's give them a fight.
[37:23.000 --> 37:24.000] Okay.
[37:24.000 --> 37:31.000] Well, and then, okay, so then we can still appeal it, right?
[37:31.000 --> 37:32.000] Yes.
[37:32.000 --> 37:33.000] Okay.
[37:33.000 --> 37:34.000] So we still file the appeal.
[37:34.000 --> 37:39.000] And then my last question would be the last time they had a hearing,
[37:39.000 --> 37:46.000] she had a stroke on New Year's Eve and they had her in court testifying on the 18th of March.
[37:46.000 --> 37:53.000] Having had a stroke, slurred speech, non-compass menace, of course, they kept all of her medical records deliberately out of the court.
[37:53.000 --> 37:57.000] So the court does not know that she lacked capacity.
[37:57.000 --> 38:04.000] What do we say to the court if they pull her in there on Monday morning?
[38:04.000 --> 38:06.000] That is elder abuse.
[38:06.000 --> 38:07.000] I mean.
[38:07.000 --> 38:15.000] Oh, oh, oh, oh, ask for a competency hearing.
[38:15.000 --> 38:17.000] Demand a competency hearing.
[38:17.000 --> 38:20.000] Claim she's incompetent.
[38:20.000 --> 38:24.000] By physical infirmity, not that she's wacko or anything.
[38:24.000 --> 38:26.000] She's just physical infirmity.
[38:26.000 --> 38:28.000] She's incompetent to present in the court.
[38:28.000 --> 38:30.000] Then you might warn the court.
[38:30.000 --> 38:44.000] Any harm comes to her because of this, you will consider that as the depraved heart of assault.
[38:44.000 --> 38:52.000] That by forcing a woman who is physically incapable of coming and sitting in this courtroom,
[38:52.000 --> 38:59.000] if harm comes to her, you consider that depraved heart assault to get by the court.
[38:59.000 --> 39:00.000] Okay.
[39:00.000 --> 39:03.000] She's also mentally incompetent.
[39:03.000 --> 39:09.000] She has Alzheimer's and she has had Alzheimer's since March, six months before they said she signed me a contract.
[39:09.000 --> 39:13.000] Then object and ask for a competency hearing.
[39:13.000 --> 39:15.000] Okay.
[39:15.000 --> 39:18.000] You should have a motion in for competency hearing anyway.
[39:18.000 --> 39:22.000] And I hadn't done that because I had all the documents from the doctors.
[39:22.000 --> 39:24.000] So.
[39:24.000 --> 39:26.000] Okay, then.
[39:26.000 --> 39:31.000] Okay, doctors do not make a determination of competency.
[39:31.000 --> 39:33.000] Courts do.
[39:33.000 --> 39:35.000] Okay.
[39:35.000 --> 39:39.000] Doctors only give them evidence and opinion.
[39:39.000 --> 39:41.000] The court makes the determination.
[39:41.000 --> 39:46.000] So you need to send with him a motion for a competency hearing.
[39:46.000 --> 39:55.000] If they attempt to bring her into court, then you hand them the motion for competency hearing.
[39:55.000 --> 39:57.000] Okay.
[39:57.000 --> 40:06.000] Then when they appoint their own person to do the hearing, then you ask for a Daubert's hearing.
[40:06.000 --> 40:08.000] Daubert?
[40:08.000 --> 40:13.000] Daubert, D-A-U-B-E-R-T-S, Daubert's hearing.
[40:13.000 --> 40:26.000] That's a hearing to test the credentials of a professional witness or any profession.
[40:26.000 --> 40:28.000] Okay.
[40:28.000 --> 40:31.000] Do I do that in my motion for competency?
[40:31.000 --> 40:32.000] No.
[40:32.000 --> 40:39.000] You wait until they appoint someone to do the competency hearing.
[40:39.000 --> 40:44.000] You contact whoever that is and ask them for their credentials.
[40:44.000 --> 40:54.000] And if you don't get what you want to have or want to see, then you petition for a Daubert's hearing.
[40:54.000 --> 40:56.000] Okay.
[40:56.000 --> 40:59.000] Okay.
[40:59.000 --> 41:04.000] How do you try to get their attention if it kind of sounds like you know what you're doing and how to go after them?
[41:04.000 --> 41:08.000] And then I'd go ahead and sue the federal court anyway.
[41:08.000 --> 41:13.000] I was planning on doing that, but I was kind of holding off and hoping that we would have her down here
[41:13.000 --> 41:19.000] and we would have her money back and we'd be able to, you know, we're deep into this.
[41:19.000 --> 41:25.000] We spent at least $1,000 just sending notices and bar grievances because I think they should pay for those too.
[41:25.000 --> 41:32.000] And motions and that kind of jazz and just paying expenses and et cetera.
[41:32.000 --> 41:33.000] Wait a minute.
[41:33.000 --> 41:34.000] Wait a minute.
[41:34.000 --> 41:39.000] You want them to pay for their own bar grievances?
[41:39.000 --> 41:42.000] You are a hard woman.
[41:42.000 --> 41:45.000] Well, we're paying it out of my mother-in-law's deal.
[41:45.000 --> 41:48.000] And that's what Galen is stepping up to fight for his mother.
[41:48.000 --> 41:54.000] And, you know, I mean, I'm fighting for the house and all the rest of the things, but this is someone's life.
[41:54.000 --> 41:56.000] And this is the end of her life.
[41:56.000 --> 41:59.000] Her eldest son has passed away.
[41:59.000 --> 42:00.000] She has no one in Rapid City.
[42:00.000 --> 42:02.000] No one is going to see her.
[42:02.000 --> 42:03.000] Galen is down here.
[42:03.000 --> 42:08.000] We were going to move her and then, you know, this whole thing just flared up
[42:08.000 --> 42:12.000] and they got a temporary restraining order to keep her from leaving the state.
[42:12.000 --> 42:18.000] And then we found out that they never had agency because she lacked a passage to sign a contract.
[42:18.000 --> 42:21.000] And you sued them in the federal court for lack of agency.
[42:21.000 --> 42:29.000] These guys are going to get, especially in a Colorado federal court, they are going to get excited.
[42:29.000 --> 42:30.000] Okay.
[42:30.000 --> 42:32.000] So I do sue for lack of agency.
[42:32.000 --> 42:33.000] Yeah.
[42:33.000 --> 42:38.000] Well, you sue for malpractice on their part.
[42:38.000 --> 42:39.000] Okay.
[42:39.000 --> 42:44.000] And theft and fraud and...
[42:44.000 --> 42:45.000] Okay.
[42:45.000 --> 42:48.000] Just make up the whole list.
[42:48.000 --> 42:50.000] Okay.
[42:50.000 --> 42:51.000] Okay.
[42:51.000 --> 42:52.000] Have fun.
[42:52.000 --> 42:53.000] Thank you.
[42:53.000 --> 42:54.000] Keep us up to date.
[42:54.000 --> 42:55.000] You got it.
[42:55.000 --> 42:56.000] Thank you.
[42:56.000 --> 43:00.000] And if things start getting tough, just eat some more garlic.
[43:00.000 --> 43:01.000] You got it.
[43:01.000 --> 43:07.000] I have shelled out three pounds and I'm getting ready to put it into the refrigerator pickling.
[43:07.000 --> 43:10.000] Oh, wonderful.
[43:10.000 --> 43:15.000] I've gone crazy.
[43:15.000 --> 43:18.000] We've been pushing raw garlic lately.
[43:18.000 --> 43:20.000] That's good stuff.
[43:20.000 --> 43:21.000] Okay.
[43:21.000 --> 43:22.000] Thank you, Ms. Francis.
[43:22.000 --> 43:24.000] Thank you.
[43:24.000 --> 43:25.000] Okay.
[43:25.000 --> 43:28.000] We are about to go to break.
[43:28.000 --> 43:32.000] We've still got an hour and 15 minutes.
[43:32.000 --> 43:35.000] Sherry from Florida, Charlene in Texas.
[43:35.000 --> 43:37.000] And we've got one more on-screen call so far.
[43:37.000 --> 43:41.000] So we will continue with our callers on the other side.
[43:41.000 --> 43:45.000] This is Randy Kelton, Deborah Stevens, Joe Esquivel.
[43:45.000 --> 43:51.000] And when we come back on the other side, we want to talk about our sponsor before we get started.
[43:51.000 --> 43:56.000] And Eddie's traffic seminar, he's doing the traffic seminar every Sunday now.
[43:56.000 --> 43:58.000] So attend there.
[43:58.000 --> 44:02.000] We'll be right back.
[44:02.000 --> 44:03.000] Hello.
[44:03.000 --> 44:06.000] My name is Stuart Smith from naturespureorganics.com.
[44:06.000 --> 44:11.000] And I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D,
[44:11.000 --> 44:14.000] here in Austin, Texas, behind Brave New Books and Chase Bank,
[44:14.000 --> 44:18.000] to see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:22.000] Have a look at our miracle healing clay that started our adventure in alternative medicine.
[44:22.000 --> 44:24.000] Take a peek at some of our other wonderful products,
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[44:30.000 --> 44:37.000] Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000] That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000] Don't forget to like us on Facebook for information on events and our products,
[44:47.000 --> 45:01.000] naturespureorganics.com.
[45:01.000 --> 45:04.000] Are you the plaintiff or defendant in a lawsuit?
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[45:52.000 --> 46:15.000] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:15.000 --> 46:25.000] Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[46:25.000 --> 46:30.000] Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000] When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000] I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000] I'm just here making my living pushing buttons.
[46:47.000 --> 46:53.000] I give my message out to anyone who's out in the distance.
[46:53.000 --> 46:57.000] Vote for bravery and against slavery.
[46:57.000 --> 46:58.000] Hey, we are back.
[46:58.000 --> 47:01.000] Randy Kelton, Joe Esquivel.
[47:01.000 --> 47:03.000] Deborah's out of town today.
[47:03.000 --> 47:09.000] She's traveling, be traveling all weekend, so generally she pops in later in the show,
[47:09.000 --> 47:11.000] and we'll be hearing from her today.
[47:11.000 --> 47:12.000] Okay.
[47:12.000 --> 47:16.000] We are going to Sherry in Florida.
[47:16.000 --> 47:17.000] Hello, Ms. Sherry.
[47:17.000 --> 47:19.000] What do you have for us today?
[47:19.000 --> 47:20.000] Okay.
[47:20.000 --> 47:23.000] I'm in foreclosure.
[47:23.000 --> 47:25.000] I'm in a nutshell.
[47:25.000 --> 47:30.000] In August of 2011, the bank city mortgage was caught on my property.
[47:30.000 --> 47:34.000] I wasn't home, and so I had actually been injured.
[47:34.000 --> 47:37.000] I was staying with my son about eight miles away.
[47:37.000 --> 47:43.000] By the time I made it to my house, it was very stressful for me.
[47:43.000 --> 47:47.000] They had been in my house, and I didn't know it at the time that my doors were unlocked
[47:47.000 --> 47:49.000] and my house had been locked.
[47:49.000 --> 47:54.000] So I contacted the police, and the sheriff of Putnam County came there
[47:54.000 --> 47:59.000] and asked the bank what they were doing there, and they said they were in a pre-foreclosure.
[47:59.000 --> 48:05.000] I said I do not have a loan with a bank, and that is a fact.
[48:05.000 --> 48:11.000] Needless to say, I had to make my son bring a copy of my warranty deed
[48:11.000 --> 48:15.000] to prove I owned the house to go on my own property.
[48:15.000 --> 48:19.000] There was no lease payment at that time.
[48:19.000 --> 48:22.000] So have you sued the bank?
[48:22.000 --> 48:25.000] Well, I'm in the process.
[48:25.000 --> 48:27.000] Good.
[48:27.000 --> 48:28.000] Okay.
[48:28.000 --> 48:30.000] Question.
[48:30.000 --> 48:35.000] When you went back in your house, was the $10,000 in cash
[48:35.000 --> 48:40.000] you keep under your couch cushions still there?
[48:40.000 --> 48:43.000] It was not.
[48:43.000 --> 48:47.000] That's tough.
[48:47.000 --> 48:52.000] It's a problem these folks have when they open somebody else's door.
[48:52.000 --> 48:55.000] And it gets worse because the police told them to leave
[48:55.000 --> 48:58.000] and not to come back until there was a court order.
[48:58.000 --> 49:03.000] I went and got a no trespassing, put a big sign, had to pay for it.
[49:03.000 --> 49:06.000] They came back 10 of 2011.
[49:06.000 --> 49:08.000] I happened to be at the doctor's office.
[49:08.000 --> 49:10.000] I'm also on disability.
[49:10.000 --> 49:14.000] And they came into my house, changed the locks on my door,
[49:14.000 --> 49:18.000] and were in the center of my house and posted and dated and cited,
[49:18.000 --> 49:21.000] so we know for sure that who it was.
[49:21.000 --> 49:25.000] So I contacted the police again and made another report.
[49:25.000 --> 49:26.000] Still nothing was done.
[49:26.000 --> 49:31.000] I can't get them to issue them an injunction and no trespassing.
[49:31.000 --> 49:32.000] Nothing.
[49:32.000 --> 49:33.000] Nothing.
[49:33.000 --> 49:34.000] Okay.
[49:34.000 --> 49:37.000] Then file, go to the local justice of the peace
[49:37.000 --> 49:41.000] and file criminal trespass charges against them.
[49:41.000 --> 49:45.000] File burglary.
[49:45.000 --> 49:49.000] Is the justice of the peace, is that the sheriff or is that the state attorney?
[49:49.000 --> 49:51.000] No, no, that's some judge.
[49:51.000 --> 49:57.000] Any, okay, every judge is a magistrate.
[49:57.000 --> 49:58.000] Okay.
[49:58.000 --> 50:01.000] All mayors are magistrates.
[50:01.000 --> 50:03.000] Okay.
[50:03.000 --> 50:09.000] Magistrates were created in the Magna Carta in 1216.
[50:09.000 --> 50:11.000] And they've been in place ever since.
[50:11.000 --> 50:15.000] And the intent was that if a person is arrested,
[50:15.000 --> 50:17.000] they used to have circuit judges.
[50:17.000 --> 50:21.000] Circuit judge may come by once a month, once every six months,
[50:21.000 --> 50:23.000] depending on where you're at.
[50:23.000 --> 50:26.000] The judges would ride the circuit.
[50:26.000 --> 50:30.000] So if someone was accused of a crime,
[50:30.000 --> 50:35.000] they didn't want him sitting in jail for six, eight months waiting for a judge to show up.
[50:35.000 --> 50:39.000] So they created magistrates.
[50:39.000 --> 50:46.000] Now, justices of the peace were originally intended to be, they were magistrates.
[50:46.000 --> 50:53.000] So that the magistrates, you'll notice JPs are spread around the county.
[50:53.000 --> 50:59.000] The reason for that was is so that if a person is arrested for any reason by a police officer,
[50:59.000 --> 51:07.000] the police officer was never intended to hold the key to the jailhouse door.
[51:07.000 --> 51:15.000] Under Gerstein Pugh, it says that it would be better that all arrests be made on an existing warrant,
[51:15.000 --> 51:21.000] but it was a reasonable compromise to allow a police officer to arrest without a warrant.
[51:21.000 --> 51:31.000] But he only had authority to hold the person as long as it takes to get them to the nearest magistrate
[51:31.000 --> 51:33.000] and explain himself.
[51:33.000 --> 51:40.000] The magistrate is there for the purpose of hearing criminal complaints.
[51:40.000 --> 51:43.000] That is their job.
[51:43.000 --> 51:49.000] So any magistrate, any judge, every judge was designated a magistrate,
[51:49.000 --> 51:54.000] justices of the peace, municipal court judges, and mayors.
[51:54.000 --> 52:05.000] Okay, so the point of that is when you go to the judge and invoke his duty as a magistrate,
[52:05.000 --> 52:08.000] he has a duty to take your complaint.
[52:08.000 --> 52:17.000] When you go to the nearest magistrate to you and file a burglary charges against these people,
[52:17.000 --> 52:22.000] not criminal trespass because it's beyond criminal trespass.
[52:22.000 --> 52:25.000] This is burglary.
[52:25.000 --> 52:31.000] If they come to your property and damage it and enter it, that's criminal trespass.
[52:31.000 --> 52:35.000] But if anything is missing from your property, that's burglary.
[52:35.000 --> 52:38.000] Oh, yes. They overloaded my house.
[52:38.000 --> 52:40.000] It's a 28-house-square-foot house.
[52:40.000 --> 52:41.000] There was lots of things taken.
[52:41.000 --> 52:48.000] I missed all my furniture, couches, clothing, dishes, scuba gear, my leather stuff.
[52:48.000 --> 52:50.000] There was a bunch of stuff.
[52:50.000 --> 52:55.000] So they came back in again, okay, called the sheriff again.
[52:55.000 --> 52:59.000] They've got four things that I filed with them in Putnam County.
[52:59.000 --> 53:05.000] And so the sheriff said, okay, well, we're going to go ahead and send this over to the state attorney's office
[53:05.000 --> 53:07.000] and see if they'll do anything.
[53:07.000 --> 53:11.000] The state attorney's office contacted me about 30 days ago and said,
[53:11.000 --> 53:13.000] we're sorry, we don't have enough evidence to pursue this.
[53:13.000 --> 53:17.000] And I went, excuse me, you don't have enough evidence?
[53:17.000 --> 53:20.000] They don't want to pursue it.
[53:20.000 --> 53:29.000] So you might look, okay, you might look at the laws in Florida.
[53:29.000 --> 53:31.000] I'm sorry, you're in Florida.
[53:31.000 --> 53:33.000] Yes, I'm in Florida.
[53:33.000 --> 53:41.000] Because I'm here in Texas, so I'm not familiar exactly with how the laws are written in Florida.
[53:41.000 --> 53:48.000] But it is the prosecutor's duty to prosecute crime.
[53:48.000 --> 53:52.000] In Texas, we have a special statute that goes to public officials.
[53:52.000 --> 53:54.000] I'm kind of getting off topic.
[53:54.000 --> 53:58.000] I need to stay with, you need to go to a magistrate.
[53:58.000 --> 54:03.000] Go to the magistrate, present your evidence to a magistrate,
[54:03.000 --> 54:10.000] and ask the magistrate to look at your evidence and make a determination of probable cause.
[54:10.000 --> 54:17.000] If the magistrate tells you to go to the police department and refuses to hear your complaint,
[54:17.000 --> 54:23.000] then prepare a complaint against the magistrate and take that to the district attorney.
[54:23.000 --> 54:24.000] Okay.
[54:24.000 --> 54:29.000] And when the prosecuting attorney refuses to prosecute the magistrate,
[54:29.000 --> 54:37.000] then you prepare a complaint against the magistrate and take it to the highest judge you can find
[54:37.000 --> 54:40.000] and demand that he do his duty as a magistrate.
[54:40.000 --> 54:47.000] And when he refuses to act, then go to the attorney general of the state of Florida and file against that judge.
[54:47.000 --> 54:52.000] Yes, I've contacted them, but they haven't told me that information yet, so...
[54:52.000 --> 54:54.000] No, don't just contact them.
[54:54.000 --> 54:58.000] Send them a verified criminal affidavit.
[54:58.000 --> 54:59.000] Okay.
[54:59.000 --> 55:03.000] Just talking to them does not invoke their duty.
[55:03.000 --> 55:05.000] No, I know it doesn't.
[55:05.000 --> 55:11.000] Better if they never, ever see you. Do everything by mail.
[55:11.000 --> 55:12.000] All right.
[55:12.000 --> 55:14.000] You send it certified mail. You can show they got it.
[55:14.000 --> 55:18.000] When they don't respond, you go to the next one, certified mail, file against them.
[55:18.000 --> 55:22.000] You start going after them this way.
[55:22.000 --> 55:30.000] You know, we say here you'll never win your case simply because you have the law and the facts on your side.
[55:30.000 --> 55:34.000] You win your case, you get the politics on your side.
[55:34.000 --> 55:41.000] And when you start annoying really high-level judges, making criminal accusations against them
[55:41.000 --> 55:47.000] that their next opponent in the next election can use against them,
[55:47.000 --> 55:52.000] these judges are going to be really, really unhappy campers.
[55:52.000 --> 56:03.000] And if in the process anybody says one word to you that you can in any way interpret as a threat,
[56:03.000 --> 56:08.000] tampering with the witness obstruction of justice, those are felonies.
[56:08.000 --> 56:17.000] You get one set of those and these guys will decide that this woman is going to get me thrown out of office.
[56:17.000 --> 56:25.000] And then whoever this is is going to go to the person under them and tell them you better fix this,
[56:25.000 --> 56:31.000] make this go away before this annoying citizen gets me thrown out of office.
[56:31.000 --> 56:35.000] Politics, this is how we generate politics.
[56:35.000 --> 56:44.000] We especially want to get somebody who does not have a dog in this hunt and start kicking him around,
[56:44.000 --> 56:48.000] getting him in trouble because of something somebody else wouldn't do.
[56:48.000 --> 56:51.000] He's going to be very indignant about that.
[56:51.000 --> 56:54.000] This is how we're going to get this done.
[56:54.000 --> 57:00.000] And absolutely you need to sue them, at least in the state court for the theft.
[57:00.000 --> 57:01.000] All right.
[57:01.000 --> 57:08.000] So now on November 30th, they filed a lease attendance, a city bank mortgage does.
[57:08.000 --> 57:13.000] So once again, I was never served.
[57:13.000 --> 57:19.000] And because they had been on my property, I knew that something was up.
[57:19.000 --> 57:23.000] So I kept trying to watch the courthouse online to see if I could find anything.
[57:23.000 --> 57:29.000] Finally, February 2012, I realized they had filed this and I went and hired an attorney.
[57:29.000 --> 57:36.000] Told the attorney and I went to the courthouse and I went there first to see if what had been filed.
[57:36.000 --> 57:38.000] Took copies of it to the attorney.
[57:38.000 --> 57:41.000] That's a real estate attorney right across the street from the courthouse there.
[57:41.000 --> 57:43.000] Hope everybody hears that.
[57:43.000 --> 57:49.000] And so he told me they had violated all kinds of federal treatment lending laws.
[57:49.000 --> 57:50.000] He went and checked.
[57:50.000 --> 57:53.000] He said they did not file the right paper.
[57:53.000 --> 57:54.000] They weren't the bank.
[57:54.000 --> 57:59.000] That was the original bank because it actually started out with Market Street Mortgage and then-
[57:59.000 --> 58:00.000] Okay.
[58:00.000 --> 58:01.000] Wait a minute.
[58:01.000 --> 58:02.000] Wait a minute.
[58:02.000 --> 58:05.000] This is getting way too many details.
[58:05.000 --> 58:06.000] Hang on.
[58:06.000 --> 58:07.000] We're about to go to break.
[58:07.000 --> 58:09.000] We'll pick this up on the other side.
[58:09.000 --> 58:16.000] When we come back, kind of see if we can get us to the crux of what this lawyer did or did not do.
[58:16.000 --> 58:17.000] Okay.
[58:17.000 --> 58:18.000] Hang on.
[58:18.000 --> 58:19.000] This is Randy Kelton.
[58:19.000 --> 58:27.000] This is Joe Esquivel, Rule of Law Radio, our call-in number, 512-646-1984.
[58:27.000 --> 58:30.000] We're going to our top of the hour break.
[58:30.000 --> 58:32.000] We've got one more hour left.
[58:32.000 --> 58:36.000] Charlene in Texas, Gary in New York, Cliff in Texas.
[58:36.000 --> 58:37.000] I see you there.
[58:37.000 --> 58:40.000] We will get to you when we get back on the other side.
[58:40.000 --> 58:45.000] So if you want to call in, do it quickly because it generally builds up here toward the end.
[58:45.000 --> 58:50.000] We'll be right back.
[59:15.000 --> 59:40.000] We'll be right back.
[59:40.000 --> 59:59.000] We'll be right back.
[59:59.000 --> 01:00:16.000] You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:16.000 --> 01:00:17.000] This is Justin Armand.
[01:00:17.000 --> 01:00:19.000] And this is Jessica Armand.
[01:00:19.000 --> 01:00:24.000] Here with your Liberty Beat for Tuesday, October 17, 2013.
[01:00:24.000 --> 01:00:36.000] Gold opens today at $1,317, silver at $22.03, and Bitcoin is trading at $141.84.
[01:00:36.000 --> 01:00:42.000] The Liberty Beat is sponsored by Sons of Liberty Mint, specializing in usable and divisible silver
[01:00:42.000 --> 01:00:48.000] and known for their excellent customer service, online at sonsoflibertymint.com.
[01:00:48.000 --> 01:00:51.000] That's S-U-N-S of libertymint.com.
[01:00:51.000 --> 01:01:01.000] And from Central Texas Gun Works, CHL courses, self-defense training, and firearm sales, online at centraltexasgunworks.com.
[01:01:01.000 --> 01:01:03.000] And now the news.
[01:01:03.000 --> 01:01:06.000] The 16-day federal government shutdown comes to a close.
[01:01:06.000 --> 01:01:12.000] That happens as the House and Senate negotiate a deal to end the closure, and President Obama signs off on the agreement.
[01:01:12.000 --> 01:01:17.000] The Associated Press reports that the deal will fund government until January 15.
[01:01:17.000 --> 01:01:24.000] Furloughed federal employees are expected to return to work today.
[01:01:24.000 --> 01:01:30.000] It's back to school for a Greenville, South Carolina special needs student suspended for drawing a picture of a bomb.
[01:01:30.000 --> 01:01:38.000] The boy's mother tells WTOC-TV it all started when young Rhett, who has autism, drew a cartoon-styled bomb while at home.
[01:01:38.000 --> 01:01:44.000] A fan of the video game Bomberman, Rhett took the picture to Hillcrest Middle School to show his fellow students.
[01:01:44.000 --> 01:01:48.000] However, they turned him in to the school officials who placed Rhett on indefinite suspension.
[01:01:48.000 --> 01:01:58.000] Now, following a school hearing, which included an autism expert, Rhett is cleared and allowed to return to class.
[01:01:58.000 --> 01:02:03.000] The NSA collaborates extensively with the CIA to make America's deadly drone program work.
[01:02:03.000 --> 01:02:08.000] That's the latest revelation from documents leaked from former NSA contractor Edward Snowden.
[01:02:08.000 --> 01:02:19.000] The Washington Post reports that the documents conclusively reveal that the drone program relies heavily on the NSA's ability to gather information from emails, phone calls, and other related data.
[01:02:19.000 --> 01:02:24.000] The targeted killing drone program is usually portrayed as an exclusive CIA program.
[01:02:24.000 --> 01:02:30.000] The Freedom of Healthcare Protection Act criminalizes attempts to implement the controversial law
[01:02:30.000 --> 01:02:37.000] and prohibits certain individuals from enforcing or attempting to enforce such unconstitutional laws.
[01:02:37.000 --> 01:02:42.000] The law would empower the State Attorney General to restrain, by temporary restraining order,
[01:02:42.000 --> 01:02:49.000] any person who attempted to cause harm to a person or business with the implementation of Obamacare.
[01:02:49.000 --> 01:02:52.000] The bill now moves to the Senate Committee on Finance.
[01:02:52.000 --> 01:03:07.000] You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[01:03:22.000 --> 01:03:51.000] Okay, we are back. We're in the Kelton, Deborah Stevens, Rue La Radio, and we're talking to Sherry in Florida.
[01:03:51.000 --> 01:03:55.000] There we go. I had my caller page covered up.
[01:03:55.000 --> 01:03:57.000] Okay, Sherry, you there?
[01:03:57.000 --> 01:03:59.000] Yes, I'm here.
[01:03:59.000 --> 01:04:03.000] Okay, in the end, what did this lawyer do or not do?
[01:04:03.000 --> 01:04:08.000] He did nothing except file, he filed no defense on my behalf.
[01:04:08.000 --> 01:04:13.000] He did file an answer that said yes, no, yes, no, object, no, unknown. I don't even know what they were.
[01:04:13.000 --> 01:04:24.000] He wasn't supposed to do that. And within about 20 days after that, he asked the judge to allow him to be dismissed off my case because we had a disagreement.
[01:04:24.000 --> 01:04:26.000] Did you pay him?
[01:04:26.000 --> 01:04:31.000] Yes, he was paid a fine and he has my money and he did nothing.
[01:04:31.000 --> 01:04:44.000] Did you need to bargrieve him first? Did you ask for a complete accounting of all of his charges?
[01:04:44.000 --> 01:04:47.000] I did, I have that.
[01:04:47.000 --> 01:04:51.000] Did it match up to what he charged you?
[01:04:51.000 --> 01:05:04.000] It does. They were just phone conversations to the bank. He didn't do anything. And then he charged me $250 to ask the judge to let him be dismissed off my case.
[01:05:04.000 --> 01:05:14.000] And I listened to your thing earlier, so I'm going to file the malpractice, do the bargrieve, it's in the malpractice because I listened to what you said that noticed I'd been harmed.
[01:05:14.000 --> 01:05:25.000] But he did not file. When he knew I wasn't served, he knew that they'd been on my property and I'd been robbed. He knows I don't have a mortgage. He knows that MERS is not.
[01:05:25.000 --> 01:05:33.000] Okay, okay. Hold on, let me back up a little bit. Are you saying there's no mortgage against your property at all?
[01:05:33.000 --> 01:05:36.000] That's what I'm saying.
[01:05:36.000 --> 01:05:40.000] You need to sue this lender.
[01:05:40.000 --> 01:05:45.000] Yes, I've got to get in there.
[01:05:45.000 --> 01:05:50.000] Do you have names of people who actually entered your property?
[01:05:50.000 --> 01:05:55.000] Yes, they signed things and dated it on top of it. Yes.
[01:05:55.000 --> 01:05:59.000] Oh, did they sign things? Oh, wonderful.
[01:05:59.000 --> 01:06:08.000] You might want to talk to David Lewis. He works with me and this is what we do is we help people with foreclosure issues.
[01:06:08.000 --> 01:06:17.000] This one sounds like it would especially be fun because it kind of merges with the two different things that I do.
[01:06:17.000 --> 01:06:32.000] I do foreclosure, but my first area of practice and not practice because I'm not a lawyer, my area of research is due process.
[01:06:32.000 --> 01:06:46.000] We primarily show people how to go after them criminally. I haven't looked at Florida law in this regard specifically, but all of the states are pretty similar.
[01:06:46.000 --> 01:06:56.000] It's similar to Texas because I have pulled up a whole bunch of law in Florida and Texas for these things and found out all kinds and they're almost identical.
[01:06:56.000 --> 01:07:04.000] Most states have adopted the uniform penal code and criminal procedure code.
[01:07:04.000 --> 01:07:10.000] They adopted the uniform code and then they made minor adjustments to it.
[01:07:10.000 --> 01:07:21.000] That was pushed by the federal government so that you could go from one state to another state and pretty well know what the laws were.
[01:07:21.000 --> 01:07:26.000] You wouldn't have to learn the laws for every state you tried to visit.
[01:07:26.000 --> 01:07:31.000] We can expect it to be essentially the same.
[01:07:31.000 --> 01:07:38.000] Do you have my email?
[01:07:38.000 --> 01:07:40.000] No.
[01:07:40.000 --> 01:07:54.000] It's Randy at ruleoflawradio.com. You can just go to ruleoflawradio.com and there will be a link to me there where you can get my email.
[01:07:54.000 --> 01:08:00.000] Send me an email and I'll get you in contact with David and we'll see if we can't get something worked up.
[01:08:00.000 --> 01:08:02.000] This one sounds like it will be fun.
[01:08:02.000 --> 01:08:12.000] Now let me say this. I hired a new attorney on like the 27th of September because there was a final summary of judgment on the 16th.
[01:08:12.000 --> 01:08:18.000] But after I paid that attorney $850, he told me to go file a freaking bankruptcy.
[01:08:18.000 --> 01:08:23.000] I'm like I really don't want to file bankruptcy. My credit's not bad. I don't want that on it.
[01:08:23.000 --> 01:08:30.000] Wait a minute. Hold on. Hold on. File bankruptcy is just to stop a foreclosure?
[01:08:30.000 --> 01:08:36.000] Yes. He told me to do that before the final judgment. It would just stop then.
[01:08:36.000 --> 01:08:41.000] Wait a minute. I'm not getting everything. Final judgment on what?
[01:08:41.000 --> 01:08:46.000] In summary, a final judgment means if the judge gives it to him, then he has the right summary.
[01:08:46.000 --> 01:08:55.000] Now wait a minute. I know what a final judgment is, but you said you didn't have a mortgage. So is there a foreclosure in process?
[01:08:55.000 --> 01:08:59.000] Yes. There was a lease pending filed in November.
[01:08:59.000 --> 01:09:08.000] Lest Vendance is not a foreclosure. Lest Vendance is just a notice of claim. Have they filed a foreclosure action in the state court?
[01:09:08.000 --> 01:09:13.000] Yes, absolutely. They have filed a foreclosure.
[01:09:13.000 --> 01:09:16.000] Oh, okay. That changes everything.
[01:09:16.000 --> 01:09:21.000] And they had a date for the final summary of judgment.
[01:09:21.000 --> 01:09:31.000] Okay. Send me an email and we'll show you what we can do. And I'll show you how to kick your lawyers behind every way from Sunday.
[01:09:31.000 --> 01:09:38.000] Give him real good – well, there's two things I can do with your lawyer. I can show him how to go after this issue.
[01:09:38.000 --> 01:09:43.000] And if he don't want to, I can show you how to kick his behind when he don't.
[01:09:43.000 --> 01:09:52.000] Well, I tried to show the lawyer how to do it. I actually told him that – I said even by their record, I said they committed fraud
[01:09:52.000 --> 01:10:02.000] because the original lender went out of business in 2004. And I said – and it says MERS did an assignment – that they did an assignment to MERS in 2011.
[01:10:02.000 --> 01:10:07.000] I said if they were out of business, they can't assign anything over. And I said so there's a problem right there.
[01:10:07.000 --> 01:10:13.000] And then there were no stamps that are supposed to be certified. And there was no way – there was a note in a mortgage transfer.
[01:10:13.000 --> 01:10:14.000] I went on to Bloomberg.
[01:10:14.000 --> 01:10:21.000] Okay. Wait a minute. Wait a minute. This is really confusing. You're giving me a whole bunch of details out of context.
[01:10:21.000 --> 01:10:27.000] So I have no way to put these in a place.
[01:10:27.000 --> 01:10:31.000] Okay. The facts are MERS was –
[01:10:31.000 --> 01:10:34.000] No, no. Wait. You can't do that. You can't do that.
[01:10:34.000 --> 01:10:41.000] Foreclosure is way too complex for you to run through a whole stack of facts on the air.
[01:10:41.000 --> 01:10:50.000] Only way I could understand all of this is I need to see all of the documentation that's been filed in the county record.
[01:10:50.000 --> 01:11:01.000] That's where every claim is founded. If it's not filed in the county record, it's not an actionable claim.
[01:11:01.000 --> 01:11:05.000] So we need to see what's actually in the record.
[01:11:05.000 --> 01:11:13.000] Yeah. It's in the record. And I've already spent about $150 getting that paperwork and sending it to my attorney because I have one.
[01:11:13.000 --> 01:11:19.000] But right now, because I filed bankruptcy, I don't even think he's my attorney. And he took my money.
[01:11:19.000 --> 01:11:30.000] We'll show you how to sue the attorneys. We're going to give you a lot of money to get you to not double or triple their malpractice insurance
[01:11:30.000 --> 01:11:32.000] or get it canceled on them.
[01:11:32.000 --> 01:11:34.000] Yeah. That would make me real happy.
[01:11:34.000 --> 01:11:40.000] Yeah. So send me an email and I'll contact you offline.
[01:11:40.000 --> 01:11:45.000] Excuse me, Sherry. This is Joe. I've got a quick question because I'm here listening.
[01:11:45.000 --> 01:11:50.000] And you said earlier that you do not have a mortgage on your property, correct?
[01:11:50.000 --> 01:11:52.000] That's correct.
[01:11:52.000 --> 01:12:01.000] Okay. Did you pay your mortgage loan instrument in full?
[01:12:01.000 --> 01:12:05.000] I did. But not to a bank.
[01:12:05.000 --> 01:12:07.000] All right. Wait a minute. Wait a minute. So.
[01:12:07.000 --> 01:12:14.000] I bought my house in 2005. This happened. This is Joe in 2011.
[01:12:14.000 --> 01:12:16.000] Did you do a refinance?
[01:12:16.000 --> 01:12:17.000] No. No, sir.
[01:12:17.000 --> 01:12:19.000] Home equity loan?
[01:12:19.000 --> 01:12:23.000] No, absolutely not.
[01:12:23.000 --> 01:12:29.000] Because for MERS to be named, they would have to have a mortgage.
[01:12:29.000 --> 01:12:35.000] The mortgage that was on that house before I bought it, it shows on record, satisfaction of mortgage.
[01:12:35.000 --> 01:12:37.000] Okay.
[01:12:37.000 --> 01:12:43.000] So telling you they don't have anything. They've created something out of something. Yes.
[01:12:43.000 --> 01:12:49.000] And. Good. We'll create something bigger.
[01:12:49.000 --> 01:12:54.000] And the first thing I need to look at is all that documentation.
[01:12:54.000 --> 01:12:58.000] The banks have been known to make these errors.
[01:12:58.000 --> 01:13:03.000] And if they didn't have standing and they entered your property and took anything out of it.
[01:13:03.000 --> 01:13:05.000] They had a problem.
[01:13:05.000 --> 01:13:09.000] I was told they did not have standing by those attorneys that I hired.
[01:13:09.000 --> 01:13:13.000] And what does that mean exactly? I'm not real sure. But they said that.
[01:13:13.000 --> 01:13:14.000] But.
[01:13:14.000 --> 01:13:17.000] We will work on your attorneys as well.
[01:13:17.000 --> 01:13:24.000] If you can't win everything you need from the banks, you can win it.
[01:13:24.000 --> 01:13:27.000] You can go after your attorneys for it.
[01:13:27.000 --> 01:13:28.000] Yeah.
[01:13:28.000 --> 01:13:34.000] Any claim you would have they fail to adjudicate, you can sue them for.
[01:13:34.000 --> 01:13:36.000] Okay. That's what I wanted to see.
[01:13:36.000 --> 01:13:40.000] Especially the first attorney. The other ones I've only had for a couple of weeks.
[01:13:40.000 --> 01:13:43.000] They haven't dropped me yet. I really don't think so.
[01:13:43.000 --> 01:13:49.000] But they advised me I should file bankruptcy just to stop them in their tracks to give them time to do discovery.
[01:13:49.000 --> 01:13:52.000] We've got better ways of stopping them in their tracks.
[01:13:52.000 --> 01:13:53.000] Okay.
[01:13:53.000 --> 01:13:55.000] Okay. Get ahold of me.
[01:13:55.000 --> 01:13:58.000] Give me an email tomorrow. I'll get ahold of David.
[01:13:58.000 --> 01:14:09.000] We will send me all of the documents that were filed with the county registrar and the court as well.
[01:14:09.000 --> 01:14:14.000] All the foreclosure documents. And let me have a look at it.
[01:14:14.000 --> 01:14:16.000] Okay. I'll do it.
[01:14:16.000 --> 01:14:18.000] Okay. Okay. Thank you.
[01:14:18.000 --> 01:14:20.000] You're welcome. Bye bye.
[01:14:20.000 --> 01:14:24.000] Okay. Now we're going to go to Charlene in Texas.
[01:14:24.000 --> 01:14:26.000] Hello, Ms. Charlene.
[01:14:26.000 --> 01:14:28.000] Hello, sir. How are you?
[01:14:28.000 --> 01:14:31.000] I am good. What do you have for us today?
[01:14:31.000 --> 01:14:35.000] Can you hear me? Oh, you know who I am. This is C.
[01:14:35.000 --> 01:14:38.000] No, I'm not sure who you are.
[01:14:38.000 --> 01:14:40.000] Okay.
[01:14:40.000 --> 01:14:43.000] I have you listed as Charlene from Texas.
[01:14:43.000 --> 01:14:51.000] Right. Yeah. I interviewed with you back in July 2009 and I was on the air as C.
[01:14:51.000 --> 01:14:54.000] Okay. Oh, okay.
[01:14:54.000 --> 01:14:55.000] How are you, sir?
[01:14:55.000 --> 01:14:58.000] Now I know who you are. Yes.
[01:14:58.000 --> 01:14:59.000] Yeah.
[01:14:59.000 --> 01:15:07.000] I am good. Last time I talked to you, you were having a legal issue. How did that ever get resolved?
[01:15:07.000 --> 01:15:10.000] Oh, it's much better now. Thank you.
[01:15:10.000 --> 01:15:16.000] I had quite a few legal issues. I've got a lot of things going on. A lot.
[01:15:16.000 --> 01:15:29.000] But I think I told you a remedy that I found that was a statutory answer, if you will, to the common law,
[01:15:29.000 --> 01:15:38.000] revocation of prior of attorney, and this being a DVA filing where you conduct your business as unincorporated,
[01:15:38.000 --> 01:15:41.000] which is basically the same thing your...
[01:15:41.000 --> 01:15:46.000] Okay. I got documents from you on that, but I could not make sense of them.
[01:15:46.000 --> 01:15:50.000] It appeared as though it was a revocation of power of attorney,
[01:15:50.000 --> 01:15:55.000] but I wasn't sure what power of attorney was being revoked.
[01:15:55.000 --> 01:16:01.000] Now I've got a Yahoo group there. I've got all that paperwork up there about the stuff that I did.
[01:16:01.000 --> 01:16:12.000] Now in 2009, I was arrested. I went to file, and I did file the land patent, and the county clerk did not do anything with me,
[01:16:12.000 --> 01:16:22.000] so she should have. Anyhow, that was arrested for theft of a house, as if I could put the darn thing in my back pocket.
[01:16:22.000 --> 01:16:28.000] They gave me 10 years probation. I stayed in that jail for a year and a half.
[01:16:28.000 --> 01:16:36.000] I got out and let myself get in. Uh-oh. I hear music.
[01:16:36.000 --> 01:16:39.000] Okay. Okay. Hang on. We're about to go to break.
[01:16:39.000 --> 01:16:43.000] This is Randy Kelton, Deborah Stevens, and Wheel of Law Radio.
[01:16:43.000 --> 01:16:48.000] I'm sorry. Randy Kelton, Deborah Stevens, Joe Esquivel, Wheel of Law Radio.
[01:16:48.000 --> 01:17:00.000] Call in number 512-646-1984. We'll be right back.
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[01:19:24.000 --> 01:19:40.000] Okay, we are back.
[01:19:40.000 --> 01:19:46.000] Randy Kelton, Jeremy Stevens, we're on the radio and we're talking to Charlene in Texas.
[01:19:46.000 --> 01:19:56.000] Okay, there's always some question for me on the property, where you were at.
[01:19:56.000 --> 01:19:59.000] How were you holding that property?
[01:19:59.000 --> 01:20:04.000] It didn't have anything to do with the land patent, did it?
[01:20:04.000 --> 01:20:06.000] Okay, just a minute.
[01:20:06.000 --> 01:20:10.000] Before I go any further, let me just say this is Charlene Meyer, All Rights Reserved.
[01:20:10.000 --> 01:20:12.000] Okay, did it have to do with the land patent?
[01:20:12.000 --> 01:20:14.000] Actually, yes, it did.
[01:20:14.000 --> 01:20:22.000] I mean, we're talking about getting arrested by the government of the county I was in,
[01:20:22.000 --> 01:20:27.000] but the actual action, if you will,
[01:20:27.000 --> 01:20:33.000] was facilitated by the corporations disguised as government in that county.
[01:20:33.000 --> 01:20:37.000] What corporation disguised as government?
[01:20:37.000 --> 01:20:42.000] I mean, you go into a courtroom setting, you have a court administrator.
[01:20:42.000 --> 01:20:44.000] No, you don't.
[01:20:44.000 --> 01:20:47.000] No, no, that's patriot mythology.
[01:20:47.000 --> 01:20:53.000] While the state and the counties are incorporated...
[01:20:53.000 --> 01:20:56.000] The district courts have court administrators.
[01:20:56.000 --> 01:20:57.000] Where do you get that from?
[01:20:57.000 --> 01:20:59.000] I can't find that.
[01:20:59.000 --> 01:21:01.000] I saw that with my own eyes.
[01:21:01.000 --> 01:21:04.000] The district courts have court administrators.
[01:21:04.000 --> 01:21:05.000] No, they're not.
[01:21:05.000 --> 01:21:06.000] Okay, hold on, hold on.
[01:21:06.000 --> 01:21:07.000] Let's get this straight.
[01:21:07.000 --> 01:21:10.000] Yeah, they are court administrators.
[01:21:10.000 --> 01:21:11.000] So what?
[01:21:11.000 --> 01:21:16.000] The U.S. Western District Court has office managers.
[01:21:16.000 --> 01:21:17.000] I mean...
[01:21:17.000 --> 01:21:18.000] Yeah, they do.
[01:21:18.000 --> 01:21:19.000] So what?
[01:21:19.000 --> 01:21:20.000] The government whatsoever.
[01:21:20.000 --> 01:21:24.000] Well, I'll get on with that while I'm going with that here.
[01:21:24.000 --> 01:21:25.000] No, wait a minute, wait a minute.
[01:21:25.000 --> 01:21:30.000] This is a patriot argument out there that I've been through a lot.
[01:21:30.000 --> 01:21:33.000] The court is incorporated.
[01:21:33.000 --> 01:21:35.000] So what?
[01:21:35.000 --> 01:21:38.000] What does that mean?
[01:21:38.000 --> 01:21:39.000] What does that mean?
[01:21:39.000 --> 01:21:47.000] Well, that's how a lot of actions are precipitated is because the corporations, okay, these are
[01:21:47.000 --> 01:21:54.000] the guys that once you get an action against you, that action is bonded.
[01:21:54.000 --> 01:21:56.000] Now, the board...
[01:21:56.000 --> 01:21:59.000] That is nonsense.
[01:21:59.000 --> 01:22:05.000] That is the same stuff I've been hearing that's got I don't know how many people put in jail.
[01:22:05.000 --> 01:22:12.000] They're talking about these judges being administrators and being the CEOs of corporations.
[01:22:12.000 --> 01:22:19.000] That don't have anything to do with the judge when he steps up behind the bench.
[01:22:19.000 --> 01:22:24.000] The judge may be an administrator and he administrates the courts.
[01:22:24.000 --> 01:22:26.000] He hires the court reporters.
[01:22:26.000 --> 01:22:30.000] He hires his court coordinator.
[01:22:30.000 --> 01:22:32.000] He buys the toilet paper.
[01:22:32.000 --> 01:22:35.000] He pays the rent on the property.
[01:22:35.000 --> 01:22:38.000] That's all done by the corporation.
[01:22:38.000 --> 01:22:45.000] But when that judge steps up behind that bench, he does not do that in his corporate capacity.
[01:22:45.000 --> 01:22:49.000] He does that in his constitutional capacity.
[01:22:49.000 --> 01:22:54.000] So these two are not part of the same.
[01:22:54.000 --> 01:22:58.000] Okay, yeah, no.
[01:22:58.000 --> 01:23:04.000] The thing is with that is that about three weeks ago I had a couple of federal marshals come out here
[01:23:04.000 --> 01:23:11.000] because I called the office manager of the US Western District Court in San Antonio.
[01:23:11.000 --> 01:23:24.000] I filed a notice of fraud or a notice of affidavit and notice of cease to desist in the civil action of the 1965 Voting Rights Act.
[01:23:24.000 --> 01:23:29.000] And with such a number of different people, if you want to go and look...
[01:23:29.000 --> 01:23:30.000] Hold on, hold on, hold on.
[01:23:30.000 --> 01:23:35.000] You're using pronouns and I hate pronouns.
[01:23:35.000 --> 01:23:44.000] The civil action in the 1965 Voting Rights Act, what are you talking about there?
[01:23:44.000 --> 01:23:48.000] You want the cause number or it's the voting rights...
[01:23:48.000 --> 01:23:50.000] I want some idea of what you're talking about.
[01:23:50.000 --> 01:23:55.000] You're just throwing stuff out there and I have no idea what you're talking about.
[01:23:55.000 --> 01:23:56.000] Well, there's a lot to talk about.
[01:23:56.000 --> 01:24:00.000] What's civil action in what civil rights act?
[01:24:00.000 --> 01:24:01.000] What are you talking about?
[01:24:01.000 --> 01:24:03.000] What is the nature of the action?
[01:24:03.000 --> 01:24:08.000] Well, I can tell you where that paperwork is if you'd like to go and look at it.
[01:24:08.000 --> 01:24:11.000] I've got it all out on the Internet.
[01:24:11.000 --> 01:24:19.000] Why are you bringing something that I'd have to spend 10 hours in a college course to figure all of these details out?
[01:24:19.000 --> 01:24:21.000] This is a radio show.
[01:24:21.000 --> 01:24:24.000] We don't have time to go into massive research.
[01:24:24.000 --> 01:24:28.000] I don't know what you're talking about.
[01:24:28.000 --> 01:24:32.000] I don't have any idea.
[01:24:32.000 --> 01:24:37.000] And when I ask for more specifics, you get more general.
[01:24:37.000 --> 01:24:38.000] You're not helping me here.
[01:24:38.000 --> 01:24:42.000] I don't know where you're at.
[01:24:42.000 --> 01:24:44.000] What are you talking about?
[01:24:44.000 --> 01:24:48.000] Give me a place to start so I can start.
[01:24:48.000 --> 01:24:55.000] Are you familiar with the concept of referential index?
[01:24:55.000 --> 01:24:57.000] I need something to refer to.
[01:24:57.000 --> 01:24:58.000] Yeah.
[01:24:58.000 --> 01:25:06.000] Well, anyhow, after I got out of jail, I was on probation for two years.
[01:25:06.000 --> 01:25:12.000] And then this was after I'd written about 500 pages of documents into the court case.
[01:25:12.000 --> 01:25:15.000] They were all revocation of power of attorney.
[01:25:15.000 --> 01:25:18.000] Okay.
[01:25:18.000 --> 01:25:19.000] That I want to get to.
[01:25:19.000 --> 01:25:23.000] I remember seeing a document from you about power of attorney.
[01:25:23.000 --> 01:25:32.000] Whose power of attorney to do what did you revoke?
[01:25:32.000 --> 01:25:42.000] Basically, all contractual obligations for licenses and certifications with anyone, state, federal.
[01:25:42.000 --> 01:25:54.000] How do you have standing to revoke power of attorney for someone for whom I have granted power of attorney?
[01:25:54.000 --> 01:25:59.000] How do I have standing if the power of attorney is against myself?
[01:25:59.000 --> 01:26:01.000] You are not making any sense.
[01:26:01.000 --> 01:26:04.000] I ask you a real specific question.
[01:26:04.000 --> 01:26:11.000] Who did you revoke power of attorney from?
[01:26:11.000 --> 01:26:14.000] You said everybody.
[01:26:14.000 --> 01:26:17.000] Well, I'm part of everybody.
[01:26:17.000 --> 01:26:18.000] Okay.
[01:26:18.000 --> 01:26:26.000] I started in like cause action immediately with the judges, with the sheriff.
[01:26:26.000 --> 01:26:27.000] Okay.
[01:26:27.000 --> 01:26:28.000] Hold on.
[01:26:28.000 --> 01:26:29.000] Hold on.
[01:26:29.000 --> 01:26:36.000] How does the sheriff have power of attorney to act in your stead?
[01:26:36.000 --> 01:26:49.000] How does he, what he would then proceed by any action from the court?
[01:26:49.000 --> 01:26:50.000] Wait a minute.
[01:26:50.000 --> 01:26:51.000] Say that again.
[01:26:51.000 --> 01:26:52.000] I didn't get that.
[01:26:52.000 --> 01:26:59.000] In the jail?
[01:26:59.000 --> 01:27:00.000] Wait a minute.
[01:27:00.000 --> 01:27:05.000] You're moving back away from the mic, so I'm only getting the last half of what you're saying.
[01:27:05.000 --> 01:27:06.000] Okay.
[01:27:06.000 --> 01:27:07.000] Answer again.
[01:27:07.000 --> 01:27:16.000] How does the sheriff have power of attorney to act in your behalf that you're revoking?
[01:27:16.000 --> 01:27:26.000] You know, how does he have power of attorney by the state licenses and the contracts with the county?
[01:27:26.000 --> 01:27:30.000] How does that give him power of attorney over you?
[01:27:30.000 --> 01:27:37.000] That's not under power of attorney.
[01:27:37.000 --> 01:27:40.000] That's under statute.
[01:27:40.000 --> 01:27:42.000] You're making up stuff.
[01:27:42.000 --> 01:27:44.000] Power of attorney is power of attorney.
[01:27:44.000 --> 01:27:47.000] It's not some thing that we make up.
[01:27:47.000 --> 01:27:52.000] All authority is not under power of attorney.
[01:27:52.000 --> 01:27:56.000] The sheriff acts under constitutional power.
[01:27:56.000 --> 01:27:58.000] That's not power of attorney.
[01:27:58.000 --> 01:28:03.000] You know, I want to know where smoking ban is in the Constitution, because that's what
[01:28:03.000 --> 01:28:06.000] I've just read in the paper, in fact, yesterday.
[01:28:06.000 --> 01:28:08.000] So how is that in the Constitution?
[01:28:08.000 --> 01:28:10.000] You're saying that's an statutory also.
[01:28:10.000 --> 01:28:11.000] Wait a minute.
[01:28:11.000 --> 01:28:13.000] How what is in the Constitution?
[01:28:13.000 --> 01:28:15.000] I thought you said smoking damage.
[01:28:15.000 --> 01:28:16.000] Yeah.
[01:28:16.000 --> 01:28:21.000] As an example, you're talking about, you know, he's under a constitutional duty.
[01:28:21.000 --> 01:28:25.000] And I just read, well, it's against the law to smoke in certain places.
[01:28:25.000 --> 01:28:26.000] Okay.
[01:28:26.000 --> 01:28:29.000] The sheriff can arrest you for that in statutory capacity.
[01:28:29.000 --> 01:28:31.000] How is that with the Constitution?
[01:28:31.000 --> 01:28:33.000] That doesn't make sense.
[01:28:33.000 --> 01:28:36.000] The Constitution doesn't grant anything.
[01:28:36.000 --> 01:28:39.000] The Constitution is a restrictive document.
[01:28:39.000 --> 01:28:43.000] But you're talking about him operating in a constitutional capacity.
[01:28:43.000 --> 01:28:45.000] He is.
[01:28:45.000 --> 01:28:48.000] He's a constitutional officer.
[01:28:48.000 --> 01:28:51.000] And the Constitution grants him certain authorities.
[01:28:51.000 --> 01:28:55.000] And one of them is to enforce the laws that are passed by the legislature.
[01:28:55.000 --> 01:29:00.000] And if the legislature passed that law, he has the constitutional authority to enforce it.
[01:29:00.000 --> 01:29:02.000] That's nothing to do with power of attorney.
[01:29:02.000 --> 01:29:06.000] Okay.
[01:29:06.000 --> 01:29:10.000] How do we get to power of attorney?
[01:29:10.000 --> 01:29:17.000] He's the enforcement for these licenses and certificates and everything that
[01:29:17.000 --> 01:29:21.000] comes across from the county to the state to the federal level.
[01:29:21.000 --> 01:29:27.000] Well, you're going into some really vague generalities, and I'm afraid I'm an engineer.
[01:29:27.000 --> 01:29:30.000] And engineers aren't able to do vague generalities.
[01:29:30.000 --> 01:29:35.000] I need specifics.
[01:29:35.000 --> 01:29:36.000] Okay.
[01:29:36.000 --> 01:29:37.000] We really have to move along.
[01:29:37.000 --> 01:29:41.000] We've only got 30 minutes left, and we've got three callers left.
[01:29:41.000 --> 01:29:48.000] I probably need you to email me something so I can relive on this to better understand
[01:29:48.000 --> 01:29:49.000] where you're going.
[01:29:49.000 --> 01:29:54.000] Because right now I don't have a clue.
[01:29:54.000 --> 01:29:58.000] Just email me something to Randy at ruleoflawradio.com.
[01:29:58.000 --> 01:29:59.000] This is Randy.
[01:29:59.000 --> 01:30:01.000] We'll be right back.
[01:30:01.000 --> 01:30:02.000] On a diet?
[01:30:02.000 --> 01:30:04.000] Then be sure to get plenty of rest.
[01:30:04.000 --> 01:30:07.000] Those fattening foods you promised to give up look a lot more tempting when you're
[01:30:07.000 --> 01:30:09.000] short on sleep.
[01:30:09.000 --> 01:30:13.000] I'm Dr. Catherine Albrecht, and I'll be back with details that can help you lose weight.
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[01:30:43.000 --> 01:30:47.000] What is it about opening the fridge at midnight that brings out the ravenous
[01:30:47.000 --> 01:30:49.000] munchie monster in all of us?
[01:30:49.000 --> 01:30:50.000] It's not your imagination.
[01:30:50.000 --> 01:30:55.000] Scientists say fattening food may actually be more tempting when we're tired.
[01:30:55.000 --> 01:30:58.000] That's because the prefrontal cortex, the part of the brain that handles
[01:30:58.000 --> 01:31:02.000] self-control, starts slacking off when you start nodding off.
[01:31:02.000 --> 01:31:06.000] Harvard researcher William Kilgore showed people photos of fattening foods like
[01:31:06.000 --> 01:31:08.000] French fries and cheesecake.
[01:31:08.000 --> 01:31:12.000] The brains of well-rested adults sent inhibition signals warning them to steer
[01:31:12.000 --> 01:31:16.000] clear, but the brains of sleepy people were less likely to object.
[01:31:16.000 --> 01:31:19.000] Making them more likely to indulge.
[01:31:19.000 --> 01:31:22.000] Oh, take those potato chips away.
[01:31:22.000 --> 01:31:23.000] I'm Dr. Catherine Albrecht.
[01:31:23.000 --> 01:31:31.000] More news and information at CatherineAlbrecht.com.
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[01:33:02.000 --> 01:33:07.000] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:34:02.000 --> 01:34:31.000] OK.
[01:34:31.000 --> 01:34:32.000] We are back.
[01:34:32.000 --> 01:34:34.000] Randy Kelton, Deborah Stevens, Rue of La Radio.
[01:34:34.000 --> 01:34:36.000] And sorry we're so long coming back in.
[01:34:36.000 --> 01:34:39.000] We have a little bit of a technical difficulty.
[01:34:39.000 --> 01:34:49.000] I think our producer has been afflicted with the cranial anal inversion virus.
[01:34:49.000 --> 01:34:58.000] That's a virus that causes stomach cramps so bad that it forces you to bend over so
[01:34:58.000 --> 01:35:04.000] far it whams your behind, your head up your behind.
[01:35:04.000 --> 01:35:09.000] It took him a while to get it out.
[01:35:09.000 --> 01:35:10.000] OK.
[01:35:10.000 --> 01:35:12.000] He'll punish me for that one.
[01:35:12.000 --> 01:35:13.000] OK.
[01:35:13.000 --> 01:35:21.000] I did want to remind everybody to look at our sponsor pages.
[01:35:21.000 --> 01:35:28.000] We ask for donations whenever we absolutely have to.
[01:35:28.000 --> 01:35:32.000] For the most part, we support this network ourselves.
[01:35:32.000 --> 01:35:38.000] And none of the hosts get paid for the time they spend.
[01:35:38.000 --> 01:35:40.000] They all donate their time.
[01:35:40.000 --> 01:35:46.000] And we tend to pitch in money ourselves to keep it going.
[01:35:46.000 --> 01:35:48.000] But sometimes it gives to be a struggle.
[01:35:48.000 --> 01:35:57.000] It would be a great help if you went to LogosRadioNetwork.com and look at our sponsors and help support
[01:35:57.000 --> 01:36:00.000] our sponsors.
[01:36:00.000 --> 01:36:03.000] We have some great products.
[01:36:03.000 --> 01:36:10.000] Deborah is a real stickler for who she lets advertise on this network.
[01:36:10.000 --> 01:36:14.000] And that's kind of surprising because we're struggling to keep this thing going.
[01:36:14.000 --> 01:36:22.000] But she's still real particular about who she allows to advertise because she makes
[01:36:22.000 --> 01:36:28.000] sure that she don't have any advertisers who would damage our credibility.
[01:36:28.000 --> 01:36:31.000] So you might want to go look at our sponsors.
[01:36:31.000 --> 01:36:37.000] And if you're purchasing any similar products, you might want to try to get some from us
[01:36:37.000 --> 01:36:39.000] to help us keep this thing going.
[01:36:39.000 --> 01:36:45.000] And Eddie, he's doing his Sunday seminar in Austin.
[01:36:45.000 --> 01:36:54.000] If you're in or around Austin, you might want to come to Brave New Books at 1904 North Guadalupe.
[01:36:54.000 --> 01:36:56.000] I think that's what it is.
[01:36:56.000 --> 01:37:03.000] It's right on Guadalupe and Martin Luther King in Austin at Brave New Books every Sunday
[01:37:03.000 --> 01:37:05.000] from 2 to 5.
[01:37:05.000 --> 01:37:09.000] It's absolutely worth going to.
[01:37:09.000 --> 01:37:15.000] Traffic is the best place to learn how law works.
[01:37:15.000 --> 01:37:21.000] Because frankly, in the traffic courts, they are so screwed up.
[01:37:21.000 --> 01:37:24.000] They do everything wrong.
[01:37:24.000 --> 01:37:30.000] And they'll give you lots of experience dealing with really rotten, corrupt judges and ignorant,
[01:37:30.000 --> 01:37:37.000] corrupt prosecutors, and when it's a traffic ticket, you're paid the same amount whether
[01:37:37.000 --> 01:37:39.000] you fight them or not.
[01:37:39.000 --> 01:37:45.000] So they're absolutely worth fighting your traffic tickets if for nothing else, just
[01:37:45.000 --> 01:37:47.000] for the experience.
[01:37:47.000 --> 01:37:54.000] And Eddie, with his traffic seminar, will show you how to fight them.
[01:37:54.000 --> 01:38:01.000] So you might want to try to attend or buy his traffic seminar materials.
[01:38:01.000 --> 01:38:07.000] It will help you fight these tickets and help us support the network.
[01:38:07.000 --> 01:38:08.000] Okay.
[01:38:08.000 --> 01:38:10.000] We are going to go to Gary in New York.
[01:38:10.000 --> 01:38:11.000] Hello, Gary.
[01:38:11.000 --> 01:38:14.000] What do you have for us tonight?
[01:38:14.000 --> 01:38:22.000] I made a complaint to my building management and also to the superintendent, but the complaint
[01:38:22.000 --> 01:38:26.000] got out of hand just the way it was treated.
[01:38:26.000 --> 01:38:35.000] And the building, subsequently to that, I had to make a complaint to the local, I guess,
[01:38:35.000 --> 01:38:41.000] the organization, the housing authority, I guess, the housing department that follows
[01:38:41.000 --> 01:38:44.000] up on complaints regarding unsafe working conditions.
[01:38:44.000 --> 01:38:51.000] And they were issued a stop work order stopping the building from doing the work to the exterior
[01:38:51.000 --> 01:38:52.000] of the building.
[01:38:52.000 --> 01:38:57.000] And as a retaliation for that, this is what I suspect.
[01:38:57.000 --> 01:39:02.000] I don't have 100% proof of this, but I'm 99.9%.
[01:39:02.000 --> 01:39:12.000] It was the work of either building management or the superintendent and or her spouse.
[01:39:12.000 --> 01:39:22.000] They filed a malicious report with the ACS and an ACS person came to my apartment.
[01:39:22.000 --> 01:39:23.000] Wait a minute.
[01:39:23.000 --> 01:39:24.000] Wait a minute.
[01:39:24.000 --> 01:39:25.000] Wait a minute.
[01:39:25.000 --> 01:39:26.000] You're using acronyms.
[01:39:26.000 --> 01:39:27.000] ATS.
[01:39:27.000 --> 01:39:31.000] ACS is like Child Protective Services or...
[01:39:31.000 --> 01:39:32.000] Oh, CPS.
[01:39:32.000 --> 01:39:33.000] Okay.
[01:39:33.000 --> 01:39:36.000] Well, in here in New York, it's not really CPS.
[01:39:36.000 --> 01:39:42.000] It's sort of like CPS, but they're known as ACS here.
[01:39:42.000 --> 01:39:43.000] Oh, okay.
[01:39:43.000 --> 01:39:48.000] But yes, I think it's a division of CPS, really.
[01:39:48.000 --> 01:39:51.000] I did not let the gentleman in.
[01:39:51.000 --> 01:39:58.000] I told him he could wait for me downstairs, and he did.
[01:39:58.000 --> 01:39:59.000] We talked about it.
[01:39:59.000 --> 01:40:01.000] I explained to him that this is completely a malicious report.
[01:40:01.000 --> 01:40:03.000] I explained what happened.
[01:40:03.000 --> 01:40:09.000] As I was talking to him, he actually saw himself that what they were doing to the exterior
[01:40:09.000 --> 01:40:14.000] of the building was incorrect, and he saw debris falling.
[01:40:14.000 --> 01:40:19.000] I explained that they're actually in violation of the stop work order as we were speaking.
[01:40:19.000 --> 01:40:23.000] He still wanted to see my children, so I asked...
[01:40:23.000 --> 01:40:28.000] We went ahead to pick up my daughter from school, and he saw she's fine.
[01:40:28.000 --> 01:40:29.000] He saw my other daughter.
[01:40:29.000 --> 01:40:30.000] She was fine.
[01:40:30.000 --> 01:40:34.000] He spoke to them a little bit, and he saw that there's nothing wrong with that.
[01:40:34.000 --> 01:40:42.000] He spoke to my wife, and he was kind of surprised to discover that the children were living
[01:40:42.000 --> 01:40:50.000] with me and that my wife, who's living separate now, did not make a complaint for maltreatment,
[01:40:50.000 --> 01:40:56.000] because he said in his own words that usually it's the wife that would do something like
[01:40:56.000 --> 01:41:01.000] this to get custody of the children, but yet she didn't.
[01:41:01.000 --> 01:41:06.000] This led, I guess, additional credence to the fact that this is a malicious report,
[01:41:06.000 --> 01:41:07.000] which I mean it is.
[01:41:07.000 --> 01:41:10.000] From any angle you look at it, it's a malicious report.
[01:41:10.000 --> 01:41:11.000] Okay.
[01:41:11.000 --> 01:41:14.000] Let's get you to some kind of point.
[01:41:14.000 --> 01:41:15.000] Where are we going?
[01:41:15.000 --> 01:41:18.000] The point is he wants to come back, and he still wants to...
[01:41:18.000 --> 01:41:24.000] As he said, you usually close these kind of cases in 30 days, and I was alarmed by that
[01:41:24.000 --> 01:41:26.000] to a degree.
[01:41:26.000 --> 01:41:29.000] I said it should be closed faster because it's completely without merit.
[01:41:29.000 --> 01:41:30.000] Okay.
[01:41:30.000 --> 01:41:31.000] Hold on.
[01:41:31.000 --> 01:41:32.000] Hold on.
[01:41:32.000 --> 01:41:33.000] Let me...
[01:41:33.000 --> 01:41:38.000] I had a friend who worked for CPS, and she wound up quitting because it just killed her.
[01:41:38.000 --> 01:41:41.000] She just could not handle it.
[01:41:41.000 --> 01:41:51.000] If there has been a report, they have to make sure that there's not some substance to it.
[01:41:51.000 --> 01:41:56.000] I know he'd come out, and there didn't appear to be substance to it, but these are the kinds
[01:41:56.000 --> 01:42:03.000] of things that if six months from now something terrible happens, they're going to land on
[01:42:03.000 --> 01:42:05.000] this guy like a ton of bricks.
[01:42:05.000 --> 01:42:12.000] This friend of mine that worked for CPS tried to get the courts to take two children from
[01:42:12.000 --> 01:42:14.000] this couple.
[01:42:14.000 --> 01:42:19.000] They were drug addicts, and the courts wouldn't do it.
[01:42:19.000 --> 01:42:26.000] Then it was winter, and the two-year-old got out on the porch.
[01:42:26.000 --> 01:42:31.000] The three-year-old went out to get her in, and the door locked behind them.
[01:42:31.000 --> 01:42:38.000] While the parents laid in the apartment passed out from drugs, these two babies froze to
[01:42:38.000 --> 01:42:40.000] death on the back porch.
[01:42:40.000 --> 01:42:43.000] I see what you're saying.
[01:42:43.000 --> 01:42:46.000] It's just so horrible.
[01:42:46.000 --> 01:42:54.000] I could not be a CPS worker, but I wouldn't get too upset at the CPS worker.
[01:42:54.000 --> 01:42:56.000] No, I'm not.
[01:42:56.000 --> 01:43:03.000] He appears to be a very nice guy, and I was more than willing to basically do whatever
[01:43:03.000 --> 01:43:09.000] he wanted me to do, but at the same time, I didn't want him to come into my house.
[01:43:09.000 --> 01:43:14.000] Now he's saying that his supervisor is telling him that he's going to have to come back because
[01:43:14.000 --> 01:43:18.000] he wants to see that I have ample amount of food in my house.
[01:43:18.000 --> 01:43:24.000] He said, I don't necessarily have to let him in, although it would be better if I do,
[01:43:24.000 --> 01:43:28.000] but I could just show him some food at the door.
[01:43:28.000 --> 01:43:32.000] My two questions for you are, do I even have to do that, number one?
[01:43:32.000 --> 01:43:38.000] For two, how do I now go after people that created this vicious report that filed this
[01:43:38.000 --> 01:43:39.000] motion?
[01:43:39.000 --> 01:43:45.000] And we will pick this up on the other side.
[01:43:45.000 --> 01:43:48.000] Just quickly, pick your battles real careful.
[01:43:48.000 --> 01:43:51.000] But hang on, we'll finish this on the other side.
[01:43:51.000 --> 01:43:55.000] This is Randy Kelton, David Stevens, Joe Esquivel, we love our radio.
[01:43:55.000 --> 01:44:00.000] We'll be right back.
[01:44:00.000 --> 01:44:04.000] You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000] Sorry.
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[01:46:19.000 --> 01:46:42.000] Okay, we are back. Randy Kelton, David Stevens, Rule of Law Radio.
[01:46:42.000 --> 01:46:50.000] Here with our very special co-host, Mr. Joe Esquivel, and we're talking to Gary in New York.
[01:46:50.000 --> 01:46:58.000] Gary, in a perfect world, there would be remedy for everything.
[01:46:58.000 --> 01:47:02.000] In a perfect world, this wouldn't have happened.
[01:47:02.000 --> 01:47:09.000] However, if this were a perfect world, there is a good chance you wouldn't be here,
[01:47:09.000 --> 01:47:13.000] and I know for certain I wouldn't.
[01:47:13.000 --> 01:47:19.000] In this case, you have someone trying to make difficulty for you,
[01:47:19.000 --> 01:47:26.000] and I'm going to suggest to you that you not allow them to make difficulty for you.
[01:47:26.000 --> 01:47:32.000] Now, I'm the guy that promotes protecting our rights,
[01:47:32.000 --> 01:47:37.000] but I would have opened the door and let that CPS guy in immediately.
[01:47:37.000 --> 01:47:46.000] The reason I would is because I understand what he's doing and that he has a very difficult job,
[01:47:46.000 --> 01:48:09.000] and this is a reasonable compromise we as civil human beings make when living in a civil society with human beings that are terribly flawed.
[01:48:09.000 --> 01:48:14.000] I hope this makes sense, but I am a father and a grandfather,
[01:48:14.000 --> 01:48:19.000] and I want the children taken care of.
[01:48:19.000 --> 01:48:22.000] The issue is not children not being taken care of.
[01:48:22.000 --> 01:48:28.000] He was actually surprised himself that my daughter is supposed to have a pinkish hue to the face,
[01:48:28.000 --> 01:48:35.000] and he's like, from what I see right now, I'm going to be disposing of this case faster than usual,
[01:48:35.000 --> 01:48:42.000] but it's just that there are certain things that I have to do in accordance with the procedure that we follow.
[01:48:42.000 --> 01:48:48.000] And he's right, if he doesn't and if something happens, CPS is going to get the blame.
[01:48:48.000 --> 01:48:58.000] And even that, if it doesn't and problems were hidden from him and something happened to those children,
[01:48:58.000 --> 01:49:04.000] he'll be like this friend of mine who probably will never get over the loss of those two children.
[01:49:04.000 --> 01:49:12.000] If he's in CPS, he probably sees really awful stuff going on all the time.
[01:49:12.000 --> 01:49:15.000] That's what we understood, but in this case, he himself understood,
[01:49:15.000 --> 01:49:20.000] he just that his eyes rolled when he started meeting my fellow neighbors
[01:49:20.000 --> 01:49:25.000] and all of whom were starting to say that they all had a problem with the superintendent as well,
[01:49:25.000 --> 01:49:29.000] that she threatened them all or her husband has threatened them all.
[01:49:29.000 --> 01:49:34.000] So it was sort of like he said, okay, this is becoming very clear.
[01:49:34.000 --> 01:49:39.000] But the thing is, the only reason I didn't let him in is because we didn't finish the renovations we started,
[01:49:39.000 --> 01:49:43.000] so we had a bit of a mess, little things here, little things there.
[01:49:43.000 --> 01:49:46.000] I didn't want to come in in such an apartment where there's a little bit,
[01:49:46.000 --> 01:49:51.000] not like 100% ideal neatness like there usually is.
[01:49:51.000 --> 01:49:53.000] So that was the only reason.
[01:49:53.000 --> 01:50:02.000] A really good fighter picks his battles real careful, and that's all.
[01:50:02.000 --> 01:50:10.000] CPS can be a real problem, and this is one of those areas in society that's difficult.
[01:50:10.000 --> 01:50:14.000] How much authority do we give CPS?
[01:50:14.000 --> 01:50:19.000] And no matter how much authority we give them, somebody's going to abuse it.
[01:50:19.000 --> 01:50:25.000] So this is a hard issue to walk a line on.
[01:50:25.000 --> 01:50:30.000] That's for me, for going after these guys who created the malicious report.
[01:50:30.000 --> 01:50:32.000] How do I approach that?
[01:50:32.000 --> 01:50:37.000] Not anything is not anything you can do.
[01:50:37.000 --> 01:50:43.000] Dan, when I say that, be careful what you ask for.
[01:50:43.000 --> 01:50:55.000] We do not want any situations where if you report abuse, the abuser can come back after you.
[01:50:55.000 --> 01:50:59.000] The people who reported the abuse did no harm.
[01:50:59.000 --> 01:51:00.000] They did you no harm.
[01:51:00.000 --> 01:51:04.000] That means embarrassing to you and it annoyed you, but it didn't do you any harm.
[01:51:04.000 --> 01:51:12.000] It didn't defame you or liable you because the complaint went to this worker,
[01:51:12.000 --> 01:51:19.000] and this worker comes out and he looks at it and says there is or is not a problem.
[01:51:19.000 --> 01:51:27.000] If we allow civil actions against people who report bad things,
[01:51:27.000 --> 01:51:33.000] the worst ones will be the ones that will go after the ones who do the reporting.
[01:51:33.000 --> 01:51:39.000] Those who have something to hide will go after them and make it so we can't protect our children.
[01:51:39.000 --> 01:51:45.000] The thing is that there is this totally unlawful and illegal work going on around the building,
[01:51:45.000 --> 01:51:48.000] and this was an attempt to get me to be silent.
[01:51:48.000 --> 01:51:59.000] I understand that, but you still can't do anything about him filing this kind of complaint.
[01:51:59.000 --> 01:52:09.000] I was informed that in New York there is a statute that makes malicious reporting a felony.
[01:52:09.000 --> 01:52:12.000] But you don't have any standing in that regard.
[01:52:12.000 --> 01:52:18.000] The agency would have standing.
[01:52:18.000 --> 01:52:21.000] So you're saying I cannot bring an action for that?
[01:52:21.000 --> 01:52:24.000] I'll go to the district attorney who suggested it to me.
[01:52:24.000 --> 01:52:32.000] No, you will not be able to bring an action, absolutely not.
[01:52:32.000 --> 01:52:34.000] Thank you very much.
[01:52:34.000 --> 01:52:39.000] Okay, and I'm sorry I can't give you what you want, but not on that one either.
[01:52:39.000 --> 01:52:46.000] Maybe other things you can go after them for, and it sounds like you've hammered them pretty good, but not that one.
[01:52:46.000 --> 01:52:58.000] Criminal complaints and CPS complaints, the filer of the complaint is absolutely protected.
[01:52:58.000 --> 01:53:02.000] And it is a reasonable compromise.
[01:53:02.000 --> 01:53:16.000] We accept some room for abuse to make sure that we keep the door open for those who would be able to report the most horrendous abuse.
[01:53:16.000 --> 01:53:19.000] But it almost happens to be sort of like he's coming.
[01:53:19.000 --> 01:53:25.000] If I were to treat my home as a castle and not let him in, this would drag on.
[01:53:25.000 --> 01:53:33.000] Okay, you can do that, but in the real world I live in, they will land on you like a ton of bricks.
[01:53:33.000 --> 01:53:36.000] Now, we've had this happen.
[01:53:36.000 --> 01:53:42.000] You start a fight with this guy, it's going to be unfair.
[01:53:42.000 --> 01:53:45.000] I'm telling you, this is not balanced in your favor.
[01:53:45.000 --> 01:53:48.000] It is balanced in their favor.
[01:53:48.000 --> 01:53:51.000] Basically, the system is you're guilty until proven innocent.
[01:53:51.000 --> 01:53:55.000] Am I darn right it is here?
[01:53:55.000 --> 01:53:56.000] Yes, it is.
[01:53:56.000 --> 01:54:02.000] That may not be right, but I assure you, you do not want to start a fight with these people.
[01:54:02.000 --> 01:54:06.000] Of all the people, I cannot believe you are saying that right now.
[01:54:06.000 --> 01:54:09.000] It is the reality.
[01:54:09.000 --> 01:54:10.000] There has to be a remedy.
[01:54:10.000 --> 01:54:17.000] There has to be some sort of remedy for a situation where there's clearly malicious reporting going on.
[01:54:17.000 --> 01:54:21.000] Or maybe I don't know what it is for this one.
[01:54:21.000 --> 01:54:27.000] When it's dealing with children, for the most part, nobody cares about you.
[01:54:27.000 --> 01:54:31.000] They only care about the children.
[01:54:31.000 --> 01:54:33.000] We've had issues with this.
[01:54:33.000 --> 01:54:38.000] I had a friend whose wife left him for another woman, did not want the children,
[01:54:38.000 --> 01:54:46.000] wanted the husband to have the son, and the courts were having none of that.
[01:54:46.000 --> 01:54:49.000] He said the children go with the mother.
[01:54:49.000 --> 01:54:54.000] He fought for two years to get his son.
[01:54:54.000 --> 01:54:56.000] This was not fair.
[01:54:56.000 --> 01:54:58.000] It was not what either one of them wanted.
[01:54:58.000 --> 01:55:04.000] But the judge told him, I don't care what you want.
[01:55:04.000 --> 01:55:07.000] I don't care what either one of you want.
[01:55:07.000 --> 01:55:14.000] I only care what's best for those children, and I'm not going to consider you for a minute.
[01:55:14.000 --> 01:55:19.000] He'd come right out in court and told them that.
[01:55:19.000 --> 01:55:26.000] Hal came to me complaining about it, and I listened to it, and I thought, good.
[01:55:26.000 --> 01:55:28.000] That's how it ought to be.
[01:55:28.000 --> 01:55:30.000] Those children didn't pick these bouts.
[01:55:30.000 --> 01:55:33.000] Those children didn't create this mess.
[01:55:33.000 --> 01:55:35.000] The bouts did.
[01:55:35.000 --> 01:55:40.000] They only considered the children, and here you can be sure they will only consider the children.
[01:55:40.000 --> 01:55:44.000] They won't care about you.
[01:55:44.000 --> 01:55:51.000] It may not be fair, but this is a screwed up world, and everything's not fair.
[01:55:51.000 --> 01:55:57.000] I fight for what's right, but I have to pick my battles.
[01:55:57.000 --> 01:55:59.000] I don't fight everything.
[01:55:59.000 --> 01:56:01.000] Any other way I can go after these guys?
[01:56:01.000 --> 01:56:08.000] I mean, I'm 99% sure it's them, because basically what they're doing is they are...
[01:56:08.000 --> 01:56:11.000] I don't think you're going to get a shot at them this way.
[01:56:11.000 --> 01:56:16.000] You can try to, but I don't think you're going to get a shot at them over this particular thing.
[01:56:16.000 --> 01:56:27.000] If they call again, then Child Protective Services is like to go after them, but you're not going to be able to.
[01:56:27.000 --> 01:56:36.000] You know, if you've got a guy who's really malicious and really a sociopath and a horrible abuser,
[01:56:36.000 --> 01:56:44.000] and somebody reports him, and he's able to go after the one who reports him, nobody's going to report him again.
[01:56:44.000 --> 01:56:48.000] And he's the one that would.
[01:56:48.000 --> 01:56:58.000] So they've had to make a rational compromise, because we have some really broken people here.
[01:56:58.000 --> 01:57:09.000] And for the most part, the legislators have considered the concern for the children without too much regard for the parents.
[01:57:09.000 --> 01:57:12.000] It may not be fair, but that's the way they did it.
[01:57:12.000 --> 01:57:21.000] If I was in your place, I would not start a fight here.
[01:57:21.000 --> 01:57:28.000] I'm sorry I can't give you a better answer.
[01:57:28.000 --> 01:57:30.000] Okay, thank you, Gary.
[01:57:30.000 --> 01:57:34.000] Okay, now we're going to go to Clifton, Texas.
[01:57:34.000 --> 01:57:36.000] Hello, Clif.
[01:57:36.000 --> 01:57:41.000] Hi, I've got a red light camera ticket.
[01:57:41.000 --> 01:57:42.000] Okay, really quickly.
[01:57:42.000 --> 01:57:44.000] I'm sorry, we're down to a minute.
[01:57:44.000 --> 01:57:48.000] Okay, red light camera, how long ago?
[01:57:48.000 --> 01:57:50.000] A couple weeks.
[01:57:50.000 --> 01:57:54.000] Okay, what do you want to do with it?
[01:57:54.000 --> 01:57:59.000] I want them to give up and keep my money.
[01:57:59.000 --> 01:58:05.000] Okay, we've got a guy in College Station who actually beat them.
[01:58:05.000 --> 01:58:10.000] But it was a big, big battle.
[01:58:10.000 --> 01:58:16.000] So this is something you should call Monday night to Eddie's traffic show.
[01:58:16.000 --> 01:58:20.000] Since Eddie does traffic, I kind of stay away from that area,
[01:58:20.000 --> 01:58:24.000] but he'll be able to give you lots of things to do.
[01:58:24.000 --> 01:58:26.000] So call in Monday night.
[01:58:26.000 --> 01:58:31.000] He's on 8 to 10 every Monday.
[01:58:31.000 --> 01:58:35.000] I am sorry we are out of time,
[01:58:35.000 --> 01:58:38.000] and I'm sorry you had to hold so long just for us to run out of time.
[01:58:38.000 --> 01:58:40.000] Okay, thank you everyone for listening.
[01:58:40.000 --> 01:58:42.000] We'll be back next week.
[01:58:42.000 --> 01:58:50.000] Thank you all, and good night.
[01:59:12.000 --> 01:59:14.000] We'll be back next week.
[01:59:42.000 --> 01:59:44.000] We'll be back next week.