ROL_2014-01-17_16k_Hr1-2.timecode
[00:00.000 --> 00:07.340] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.340 --> 00:08.340] at thelibertybeat.com.
[00:08.340 --> 00:14.200] I'm Brian Hagan with the Liberty Beat for Friday, January 17th, 2014.
[00:14.200 --> 00:24.200] Gold opened today at $1,244, silver opened at $20.11, while Bitcoin is trading at $792.68.
[00:24.200 --> 00:28.600] Support for the Liberty Beat comes from Logos Radio Network, Truth, Liberty, Health and
[00:28.600 --> 00:30.040] Spiritual Growth.
[00:30.040 --> 00:33.680] Listen online at logosradionetwork.com.
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[00:36.720 --> 00:39.680] Find them online at shinybadges.com.
[00:39.680 --> 00:44.080] And support for the Liberty Beat comes from My Magic Mud, available at Brave New Books
[00:44.080 --> 00:47.400] or online at mymagicmud.com.
[00:47.400 --> 00:52.000] On Thursday night, the Houston Independent School District Board of Education voted 7-0
[00:52.000 --> 00:55.840] to ban four current school mascots found to be offensive.
[00:55.840 --> 01:00.640] The mascots to be changed include the Redskins, the Warriors, the Indians and the Rebels.
[01:00.640 --> 01:05.100] Chief School Support Officer Drew Houlihan said, while traditions are important, they
[01:05.100 --> 01:10.040] do not trump kindness and respect.
[01:10.040 --> 01:15.400] The Sacramento Kings will become the first professional sports franchise to accept Bitcoin.
[01:15.400 --> 01:20.560] That word came Thursday when the team's majority owner made the announcement to ESPN.com.
[01:20.560 --> 01:24.720] Beginning March 1st, fans will be able to buy tickets with Bitcoin, as well as purchase
[01:24.720 --> 01:26.480] gear from the team store.
[01:26.480 --> 01:31.760] In related news, it's time now for your Blockchain.info Bitcoin Tip of the Week.
[01:31.760 --> 01:32.960] Here's John Bush.
[01:32.960 --> 01:34.440] Are you concerned about privacy?
[01:34.440 --> 01:40.040] To make your Bitcoin transactions virtually untraceable, you can use a mixing service.
[01:40.040 --> 01:44.720] These services work by combining multiple transactions into one so that addresses from
[01:44.720 --> 01:47.640] many different sources are temporarily combined.
[01:47.640 --> 01:52.360] Upon review of a mixed transaction, it is nearly impossible to trace your Bitcoin address
[01:52.360 --> 01:53.360] of origin.
[01:53.360 --> 01:56.400] This means your transaction will remain private.
[01:56.400 --> 02:00.320] There is often a small fee for these services as well as minimum and maximum amounts of
[02:00.320 --> 02:02.520] Bitcoins you can send.
[02:02.520 --> 02:07.080] Blockchain.info has its own mixing service called Shared Send and currently also offers
[02:07.080 --> 02:09.120] Shared Coin free of charge.
[02:09.120 --> 02:13.840] This week's Bitcoin Tip of the Week was brought to you by Blockchain.info, the world's most
[02:13.840 --> 02:15.600] popular Bitcoin wallet.
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[02:20.080 --> 02:24.920] To learn more or to create a wallet today, visit Blockchain.info.
[02:24.920 --> 02:27.200] Support for the Liberty Beat comes from Blockchain.info.
[02:27.200 --> 02:32.000] Check out the world's most popular Bitcoin wallet at Blockchain.info.
[02:32.000 --> 02:36.600] Support for the Liberty Beat comes from Ben Swan's Liberty is Rising Tour in Austin, January
[02:36.600 --> 02:40.640] 18th from 11 until 3 o'clock at the Holiday Inn Arboretum.
[02:40.640 --> 02:44.080] Speakers include John Bush, Gary Johnson, and Ben Swan himself.
[02:44.080 --> 02:47.000] Information at LibertyRising.us.
[02:47.000 --> 02:52.560] Support for the Liberty Beat comes from Liberty Stickers, online at LibertyStickers.com.
[02:52.560 --> 02:57.040] This is the Liberty Beat for Friday, January 17th, 2014.
[02:57.040 --> 03:22.640] Check out the website at theLibertyBeat.com.
[03:57.040 --> 04:13.400] Howdy, howdy, this is Randy Kalkin here with Steve Skidmore.
[04:13.400 --> 04:23.200] On this Friday, January 17th, 2014, we are here for our Friday Night Info Marathon.
[04:23.200 --> 04:25.600] It's hard to believe it's already 2014.
[04:25.600 --> 04:26.600] Good God.
[04:26.600 --> 04:30.440] My mother warned me about this.
[04:30.440 --> 04:35.520] There's an old boy told me, he says, the older you get, the faster you get older.
[04:35.520 --> 04:41.640] He was an old man, and now I know what he was talking about.
[04:41.640 --> 04:46.680] My mother warned me that it kept going faster, and I told her, if it speeds up much more,
[04:46.680 --> 04:47.680] I'm going to get a speeding ticket.
[04:47.680 --> 04:48.680] Well, you ought to know how to fight it.
[04:48.680 --> 04:56.960] And she said, by the time he catches you, he'll be too old to ride it anyway.
[04:56.960 --> 04:59.960] I said, thanks, mom.
[04:59.960 --> 05:00.960] She's 92.
[05:00.960 --> 05:01.960] She ought to know these things.
[05:01.960 --> 05:02.960] She ought to.
[05:02.960 --> 05:13.880] I wanted to start out today, I'm working on building a seminar that is a presentation
[05:13.880 --> 05:18.040] to people who know nothing about the courts.
[05:18.040 --> 05:24.080] I'm going to do one in February for some people who are in family law issues, and this is
[05:24.080 --> 05:31.600] a good place for this because we have people dragged out of their normal, ordinary, everyday
[05:31.600 --> 05:37.000] life to have their whole life turned upside down, and then they're thrown into a court
[05:37.000 --> 05:44.960] system that is absolutely ruthless.
[05:44.960 --> 05:56.360] And I'm trying to put together some understandings so that people can better orient themselves
[05:56.360 --> 06:05.040] to what's going on and better protect themselves from some of the primary pitfalls that they
[06:05.040 --> 06:08.320] don't tell you about in school.
[06:08.320 --> 06:15.320] I keep thinking of the verse in the song, after all the crap I've learned in high school,
[06:15.320 --> 06:17.320] it's a wonder I can think at all.
[06:17.320 --> 06:25.920] Well, after the stuff you learned in high school about our legal system, it's not surprising
[06:25.920 --> 06:33.120] that people, when they get dumped into that legal system, are unable to handle themselves
[06:33.120 --> 06:34.120] effectively.
[06:34.120 --> 06:43.480] And there are a few things that we have to understand at the beginning.
[06:43.480 --> 06:51.120] In school, in learning about our system, we're given the impression that it is a just and
[06:51.120 --> 06:53.120] benevolent system.
[06:53.120 --> 07:02.120] Well, it's neither one, and that's not necessarily a criticism.
[07:02.120 --> 07:08.080] It just goes to the way things have to be.
[07:08.080 --> 07:17.040] The system is not intended so much to be just as it is to be consistent.
[07:17.040 --> 07:26.640] No system is just if you don't familiarize yourself with the system, not with the propaganda
[07:26.640 --> 07:34.880] about the system, but with the system as it actually works.
[07:34.880 --> 07:41.440] And once you do that, justice is more within your reach.
[07:41.440 --> 07:48.880] If you don't learn the rules, you're not going to be able to play this game.
[07:48.880 --> 07:57.920] And the first rule to understand is the judge is not there to help you find justice.
[07:57.920 --> 08:03.840] The judge is there to determine the facts in accordance with the rules of evidence,
[08:03.840 --> 08:08.360] then apply the law as it comes to him to the facts in the case.
[08:08.360 --> 08:11.040] That's his job.
[08:11.040 --> 08:18.840] If you go into court expecting anything else of that judge, you're going to come away disappointed
[08:18.840 --> 08:31.640] The judge, you know, I once sat as a judge in a mock trial, and that was extremely enlightening
[08:31.640 --> 08:37.360] because I knew the case and I didn't know all the particulars, but I pretty well understood
[08:37.360 --> 08:40.560] the case walking in the door.
[08:40.560 --> 08:45.680] But Danny Murphy got up there and started presenting a whole bunch of stuff that was
[08:45.680 --> 08:54.160] a scathing indictment of the system, your typical, typical patriot mythology, ranting
[08:54.160 --> 08:56.440] and raving.
[08:56.440 --> 09:01.360] And I'm listening to this thinking, okay, okay, that's cool.
[09:01.360 --> 09:05.000] So what, what can I do with this?
[09:05.000 --> 09:09.760] This doesn't help me come to a resolution.
[09:09.760 --> 09:15.840] Tell me what you're accused of, tell me what the facts surrounding what you were accused
[09:15.840 --> 09:23.720] of are, tell me how the law applies to those facts that demonstrates that you're not guilty
[09:23.720 --> 09:27.560] of the accusation made against you.
[09:27.560 --> 09:29.800] That's all I can pay attention to.
[09:29.800 --> 09:35.600] You can say all these other things and you can present all these other issues and I can
[09:35.600 --> 09:42.280] listen to them and I can hear them, but as the judge, I can't pay any attention to them.
[09:42.280 --> 09:45.800] You'll find this often when someone tries to present a piece of evidence, someone else
[09:45.800 --> 09:49.680] will object because it hasn't been properly presented.
[09:49.680 --> 09:54.880] If it hasn't been properly presented under law, the judge can't see it.
[09:54.880 --> 10:03.840] Now he may know what it is, but as concerns the adjudication of the case, he can't see
[10:03.840 --> 10:04.840] it.
[10:04.840 --> 10:05.840] He thinks it's invisible.
[10:05.840 --> 10:07.760] It's not there.
[10:07.760 --> 10:18.000] So when you go before a court, you always must keep in mind your only purpose in the
[10:18.000 --> 10:25.160] trial court is to set the record for appeal.
[10:25.160 --> 10:31.800] Now if you happen to win in the trial court, that's nice, but that's an extra.
[10:31.800 --> 10:35.320] But never expect, always expect to win on appeal.
[10:35.320 --> 10:45.440] And the only way you win on appeal is by having put into the trial courts the facts and the
[10:45.440 --> 10:51.680] law and appropriate objections.
[10:51.680 --> 10:54.560] They like to say anything you don't object to, you waive.
[10:54.560 --> 11:01.960] So if you're a pro se and you really don't understand what's going on, object to everything.
[11:01.960 --> 11:05.800] Doesn't matter if you have a good objection or not, just object to it.
[11:05.800 --> 11:10.960] And after a while, the judge will get annoyed with you.
[11:10.960 --> 11:15.320] And then you ask the judge, your honor, if you don't want me objecting to everything,
[11:15.320 --> 11:19.680] will you just register my standing objection to everything and I won't have to keep jumping
[11:19.680 --> 11:21.760] up and down and interrupting the court?
[11:21.760 --> 11:24.000] And generally they'll do that.
[11:24.000 --> 11:28.800] Now you've got everything the other side says or does objecting to.
[11:28.800 --> 11:36.080] You have to object to what's not proper to preserve it for appeal.
[11:36.080 --> 11:43.400] And if you're pro se, if it's at all possible, I suggest that you do everything in writing
[11:43.400 --> 11:50.120] and object to oral argument because having oral argument before a learned counsel who
[11:50.120 --> 11:55.720] in your pro se is grossly unfair.
[11:55.720 --> 11:59.720] If you don't know what you're doing, it's unfair to have to rest on your pleadings,
[11:59.720 --> 12:05.040] but it's even more unfair not to rest on your pleadings.
[12:05.040 --> 12:14.600] So when you go to court, you want everything that is important to your case in writing
[12:14.600 --> 12:17.560] before the court.
[12:17.560 --> 12:26.680] You want that in writing before the court in the form of motions and pleadings.
[12:26.680 --> 12:34.080] Motions and pleadings, they're similar to writing a business letter.
[12:34.080 --> 12:38.760] And the form you would use in a business letter is not unlike what you would use in writing
[12:38.760 --> 12:42.440] a motion or a pleading.
[12:42.440 --> 12:47.080] In a motion or a plea, the first thing you do is tell the court what you're going to
[12:47.080 --> 12:49.200] tell them.
[12:49.200 --> 13:01.080] You give them briefly what this document is about, then you give the judge a set of facts.
[13:01.080 --> 13:11.200] And it's important you understand the difference between facts, opinions, and conclusions.
[13:11.200 --> 13:14.480] You only give them the facts.
[13:14.480 --> 13:23.160] So I do documents on mortgage issues, and I start out with an evaluation of the county
[13:23.160 --> 13:24.160] records.
[13:24.160 --> 13:31.720] And I say, this document was filed under this document number on this date by this person
[13:31.720 --> 13:34.800] in this county.
[13:34.800 --> 13:42.600] The title says so and so, the document averse as follows, documents affirmed as follows,
[13:42.600 --> 13:46.920] title is filed on why date, document is acknowledged so and so.
[13:46.920 --> 13:49.360] And I just walk down the documents.
[13:49.360 --> 13:57.760] Now I go through documents that are just an incredible mess, but I don't say any of that
[13:57.760 --> 14:00.400] kind of stuff in my statement of facts.
[14:00.400 --> 14:03.000] I just state the facts.
[14:03.000 --> 14:13.200] And once you stated the facts, then you can put in a argument in support, and it's probably
[14:13.200 --> 14:22.240] a good idea to create the motion, put in just generally what the motion's about, basically
[14:22.240 --> 14:27.360] what you want the judge to do and ask the judge to do it, then attach to it a statement
[14:27.360 --> 14:32.480] of facts and attach to it a statement of points and authorities.
[14:32.480 --> 14:36.960] Points and authorities is argument in support.
[14:36.960 --> 14:46.320] So always when you're writing a motion, the first thing you say is what do you want?
[14:46.320 --> 14:48.320] What is this motion about?
[14:48.320 --> 14:51.160] What am I going to ask the court to do?
[14:51.160 --> 14:57.760] Then I'm going to give the judge some facts, and then I'm going to give a statement of
[14:57.760 --> 15:02.440] why the court should do what I want it to do, and then I'm going to ask the judge to
[15:02.440 --> 15:04.600] do it.
[15:04.600 --> 15:10.280] Someone handed me a motion once and wanted me to give them their opinion on it, and I
[15:10.280 --> 15:14.320] read it, and I said, now these guys don't have a prayer.
[15:14.320 --> 15:15.320] And they said, well, why not?
[15:15.320 --> 15:16.320] I said, I don't know.
[15:16.320 --> 15:22.800] They don't have a prayer, and a prayer is not, we're not talking about praying to some
[15:22.800 --> 15:23.800] deity.
[15:23.800 --> 15:25.680] It's not that kind of a prayer.
[15:25.680 --> 15:33.120] Prayer is asking someone for something, and in every motion, you have to tell the judge
[15:33.120 --> 15:34.120] what you want.
[15:34.120 --> 15:38.320] You have to give the judge the law that says he's supposed to give you what he wants.
[15:38.320 --> 15:39.320] I'm sorry.
[15:39.320 --> 15:45.600] You have to give him the facts, and then the law, as it applies to those facts that shows
[15:45.600 --> 15:51.120] he has a duty to give you what you want, and then you got to ask.
[15:51.120 --> 15:59.680] One last thing, ask the judge to do what you want him to do, and state specifically what
[15:59.680 --> 16:02.280] it is you want the judge to do.
[16:02.280 --> 16:09.960] There's a lot more to this, and we will, as I do these shows, I'm going to address different
[16:09.960 --> 16:10.960] issues.
[16:10.960 --> 16:19.080] I'm trying to get this in practice so I can present it cogently, so bear with me.
[16:19.080 --> 16:23.280] It's basic information, but I think it's very good information.
[16:23.280 --> 16:28.400] It will help all of you if you get cast into court.
[16:28.400 --> 16:35.120] We do have four callers already, so as soon as I come back on the other side, I'm going
[16:35.120 --> 16:36.120] to go to callers.
[16:36.120 --> 16:46.880] For now, this is Brenda Kelton, Steve Skidmore, Rue de la Radio, our call-in number, 512-646-1984.
[16:46.880 --> 16:49.480] You'll keep the phone lines open all night.
[16:49.480 --> 16:55.000] We'll be taking calls on most any subject relating to law.
[16:55.000 --> 16:58.000] We're going to try to stay away from the religion thing.
[16:58.000 --> 17:01.000] We'll be right back.
[17:01.000 --> 17:05.760] At Logos Radio Network, we are committed to bringing you the best and most accurate information
[17:05.760 --> 17:10.720] possible with programs on a variety of topics such as law, current events, and health.
[17:10.720 --> 17:15.320] We function on a fraction of the budget of most media outlets, but free speech isn't
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[17:20.760 --> 17:25.560] We need to raise $7,000 by the end of January, so when you contribute, you'll receive free
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[18:00.760 --> 18:05.480] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.480 --> 18:09.600] Stop debt collectors now with the Michael Mears proven method.
[18:09.600 --> 18:13.880] Michael Mears has won six cases in federal court against debt collectors, and now you
[18:13.880 --> 18:14.880] can win too.
[18:14.880 --> 18:19.720] You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.720 --> 18:25.160] civil rights statutes, what to do when contacted by phones, mail, or court summons, how to
[18:25.160 --> 18:29.680] answer letters and phone calls, how to get debt collectors out of your credit reports,
[18:29.680 --> 18:34.320] how to turn the financial tables on them and make them pay you to go away.
[18:34.320 --> 18:39.440] The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.440 --> 18:41.240] Full consultation is available as well.
[18:41.240 --> 18:47.200] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner,
[18:47.200 --> 18:50.080] or email MichaelMears at Yahoo.com.
[18:50.080 --> 18:59.080] That's RuleOfLawRadio.com, or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt
[18:59.080 --> 19:00.080] collectors now.
[19:00.080 --> 19:09.080] You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:09.080 --> 19:35.040] Okay.
[19:35.040 --> 19:41.520] We are back, Randy Kelton, Steve Skidmore, RuleOfLawRadio, and quickly, before we go
[19:41.520 --> 19:43.720] any further, I got a little crowing to do.
[19:43.720 --> 19:47.120] I beat a traffic ticket the other day.
[19:47.120 --> 19:48.120] You got a ticket?
[19:48.120 --> 19:49.120] Yeah.
[19:49.120 --> 19:53.920] Can't imagine that as safe and slow as you drive.
[19:53.920 --> 19:57.600] Well, yeah, no.
[19:57.600 --> 20:05.160] I told the policeman when he stopped me, I asked him, did you look at that DOT number
[20:05.160 --> 20:06.440] on the back of my car?
[20:06.440 --> 20:08.000] He said, I didn't notice it.
[20:08.000 --> 20:10.200] Well, you might want to go notice it.
[20:10.200 --> 20:15.400] Well, he didn't pay much attention to it, wrote me two tickets.
[20:15.400 --> 20:26.280] And I went to court last Wednesday, and I had filed a challenge subject matter jurisdiction,
[20:26.280 --> 20:29.920] and it was taken right out of Eddie's seminar.
[20:29.920 --> 20:37.240] Actually, I forgot to fix some of the wording, so it was pretty argumentative.
[20:37.240 --> 20:43.920] But I told the prosecutor that I would be coming before the court with a challenge subject
[20:43.920 --> 20:50.160] matter jurisdiction, and they had a jury trial set, and I said, well, you're not going to
[20:50.160 --> 20:51.760] need the jury for me.
[20:51.760 --> 20:54.080] Well, we already have the jury pool.
[20:54.080 --> 20:59.400] I said, well, they're not going to be able to apply to me because I'm filing a challenge
[20:59.400 --> 21:05.160] to subject matter jurisdiction that brings me to the court at arm's length.
[21:05.160 --> 21:11.520] So either the judge will grant my motion, my challenge to subject matter jurisdiction,
[21:11.520 --> 21:17.520] in which case I won't need the jury, or he will deny my motion, in which case I will
[21:17.520 --> 21:23.840] still stand at arm's length to the court, so I won't be able to participate with the
[21:23.840 --> 21:24.840] jury.
[21:24.840 --> 21:27.920] I asked him, have you read that motion?
[21:27.920 --> 21:29.400] He said, well, I glanced over it.
[21:29.400 --> 21:35.120] Well, you might want to read it a little more closely.
[21:35.120 --> 21:42.920] And I suppose he did because when they called my name, the judge asked, is the state ready?
[21:42.920 --> 21:46.280] And the prosecutor said, the state is not ready.
[21:46.280 --> 21:48.600] Well, that was nice.
[21:48.600 --> 21:49.600] They dumped it.
[21:49.600 --> 21:53.160] But it was Eddie's seminar material.
[21:53.160 --> 22:00.760] So I led into that because we do have a promotion going on.
[22:00.760 --> 22:07.720] And if you have the two guns in the gun giveaway, if you'll go to Logos Radio Network, right
[22:07.720 --> 22:13.560] on the front there, you'll see the two weapons that we're giving away.
[22:13.560 --> 22:27.040] And if you purchase Eddie's traffic seminar, you will get 10 chances put into the drawing.
[22:27.040 --> 22:29.360] So you might go look at it.
[22:29.360 --> 22:31.800] I got two tickets.
[22:31.800 --> 22:34.960] One of them was for no insurance, and that's just because I wouldn't show him my proof
[22:34.960 --> 22:36.800] of insurance.
[22:36.800 --> 22:41.760] And that was just to be annoying because I'd wait till the jury was selected, then show
[22:41.760 --> 22:43.440] the jury proof of insurance.
[22:43.440 --> 22:48.080] That really gets the judge hopping up and down.
[22:48.080 --> 22:49.360] And the other was speeding.
[22:49.360 --> 22:55.280] And they would have been maximum, I think they said 250 bucks a piece.
[22:55.280 --> 23:02.600] So I was looking at 500 bucks worth of fines plus court costs and all that stuff going
[23:02.600 --> 23:05.080] on in my records.
[23:05.080 --> 23:13.480] But none of that happened, and the seminar is the seminar materials only 250 bucks.
[23:13.480 --> 23:21.640] And it will be the best legal introduction to the legal system that you could ever have.
[23:21.640 --> 23:28.040] And it is a whole lot more fun when you go in there and you're dumping stuff on these
[23:28.040 --> 23:34.280] guys and they do not have a Kahlu.
[23:34.280 --> 23:42.240] Okay, so go to Logos Radio Network, have a look at that, at the guns and order Eddie's
[23:42.240 --> 23:43.240] seminar.
[23:43.240 --> 23:48.680] You can hear Eddie every Monday night on our traffic show at 8 o'clock.
[23:48.680 --> 23:50.640] Okay, now we're going to go to Patrick.
[23:50.640 --> 23:58.640] Hang on, before we go, I'd like to add that the deadline for the drawing is January 31st,
[23:58.640 --> 23:59.640] 2014.
[23:59.640 --> 24:01.480] So hurry up and get your beds in.
[24:01.480 --> 24:04.480] Okay.
[24:04.480 --> 24:05.480] Thank you, Steve.
[24:05.480 --> 24:06.480] Hello, Mr. Patrick.
[24:06.480 --> 24:07.480] What do you have for us tonight?
[24:07.480 --> 24:08.480] Good evening.
[24:08.480 --> 24:19.960] I was just going in to see what your opinion was and kind of what the mindset was in reference
[24:19.960 --> 24:30.400] to with the mortgages with the third party lenders and the best way to address that if
[24:30.400 --> 24:34.880] you're not in the state of default but you have a mortgage out there, is there anything
[24:34.880 --> 24:43.320] that you can do specifically that would protect yourself if something came later or is there
[24:43.320 --> 24:48.280] anything that you can do presently to kind of, you know, protect yourself or remove any
[24:48.280 --> 24:51.600] liability from their potential actions?
[24:51.600 --> 25:01.800] Well, for the most part, unless you're trying to lower the principle and, you know, make
[25:01.800 --> 25:10.760] some kind of deal with them, there's not much you can do if you anticipate that you may
[25:10.760 --> 25:20.800] at some point be face default generally, at least from our perspective, the method of
[25:20.800 --> 25:25.200] choice for dealing with them is to sue them.
[25:25.200 --> 25:28.680] And there are a lot of things you can do if you're facing default.
[25:28.680 --> 25:37.080] If you're not facing default, there are some things you can do to get the banks to come
[25:37.080 --> 25:41.400] to the table and make you a better deal.
[25:41.400 --> 25:53.660] In the end, it's all about the money and especially if you go after them pro se, as a pro se litigant,
[25:53.660 --> 25:55.680] you can really hammer these guys.
[25:55.680 --> 25:58.720] They hate pro se litigants.
[25:58.720 --> 26:08.160] A lawyer, if he's adjudicating one of these cases, generally these lawyers always handle
[26:08.160 --> 26:11.760] the same kinds of cases.
[26:11.760 --> 26:17.000] Lawyers do that because they don't like having to research issues.
[26:17.000 --> 26:24.400] If a lawyer misargues an issue, he can get himself in serious trouble with the courts.
[26:24.400 --> 26:27.480] They get real excited about that kind of thing.
[26:27.480 --> 26:31.880] So lawyers tend not to take on issues they're not familiar with.
[26:31.880 --> 26:38.320] They tend not to argue issues within a specific area of practice that they haven't argued
[26:38.320 --> 26:45.200] before or haven't seen argued before because then they have to go do all this case law
[26:45.200 --> 26:49.360] research and make sure they hadn't missed anything.
[26:49.360 --> 26:55.760] Biggest problem by far is missing something.
[26:55.760 --> 27:02.200] They're trained to argue the issues that they got before them, but finding issues that you
[27:02.200 --> 27:06.800] don't know about, that's a beast and that's what these dirty rotten scoundrel pro ses
[27:06.800 --> 27:09.160] tend to do.
[27:09.160 --> 27:17.080] They'll bring up issues that don't even apply, but the lawyer still has to go in and do all
[27:17.080 --> 27:19.800] this research to show why that doesn't apply.
[27:19.800 --> 27:27.680] It's probably harder than addressing an issue that's already been overruled, been ruled
[27:27.680 --> 27:36.480] against several times, or an issue that does apply, but is not well argued.
[27:36.480 --> 27:42.760] Then you can find case law on point, but how do you prove a negative?
[27:42.760 --> 27:46.960] The guy comes in and brings an argument you've never seen before, you got to start from scratch.
[27:46.960 --> 27:47.960] They hate that.
[27:47.960 --> 27:50.760] It costs them a lot of money.
[27:50.760 --> 27:55.720] They have to bill their client a lot of money, and their clients get really touchy when the
[27:55.720 --> 28:00.560] bills start going up too high.
[28:00.560 --> 28:06.880] The thing to do is sue the bank, and I do have some special things to look at if you
[28:06.880 --> 28:12.560] are not in foreclosure or not facing foreclosure.
[28:12.560 --> 28:22.480] Almost everything we talk about here is foreclosure related, but there's a whole area that we
[28:22.480 --> 28:28.120] haven't talked about in quite a while that's really where we started.
[28:28.120 --> 28:31.880] Actually, I started with Steve.
[28:31.880 --> 28:41.520] It was his case that I worked this out with on the beginning, and that is the RODASH fees.
[28:41.520 --> 28:49.480] The fees charged to you on the HUD-1 settlement statement at closing.
[28:49.480 --> 28:52.400] Look at your HUD-1 settlement statement, see all these fees.
[28:52.400 --> 29:00.760] Can you explain what each one of those are, and why they're in there, why they're important?
[29:00.760 --> 29:02.840] If you can't, then there's a problem.
[29:02.840 --> 29:07.560] At closing, the lender should have provided documentation to show that the fees that were
[29:07.560 --> 29:14.080] charged were for services that are actually performed, that the fees were not otherwise
[29:14.080 --> 29:19.160] forbidden to be charged to you by law, that the services were provided by a bona fide
[29:19.160 --> 29:24.440] vendor and not some front company for one of your fiduciaries, that the amounts charged
[29:24.440 --> 29:28.400] were reasonable, that the fees, that the services were necessary, and that the lender did not
[29:28.400 --> 29:32.200] take an undisclosed markup on the amounts charged.
[29:32.200 --> 29:36.120] Go back to your closing and ask yourself, how many of those fees did they prove up at
[29:36.120 --> 29:37.120] closing?
[29:37.120 --> 29:39.720] What receipts and invoices did I see?
[29:39.720 --> 29:46.280] I've never had anybody that saw any, and when I come back on the other side, I'll show you
[29:46.280 --> 29:52.760] a really nifty way of making a very large claim against the user of using that issue.
[29:52.760 --> 30:04.200] Randy Kelton, Steve Skidmore, we have our radio, I call it number 512-646-1984, we'll be right.
[30:04.200 --> 30:08.320] Critics are getting really creative and sometimes deceitful with the labels they're putting
[30:08.320 --> 30:09.320] on food packages.
[30:09.320 --> 30:14.080] I'm Dr. Catherine Albrecht, and I'll tell you about a campaign to take the empty claims
[30:14.080 --> 30:17.760] off of food labels next.
[30:17.760 --> 30:19.340] Privacy is under attack.
[30:19.340 --> 30:22.960] When you give up data about yourself, you'll never get it back again.
[30:22.960 --> 30:27.720] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.720 --> 30:32.760] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.760 --> 30:35.520] Privacy, it's worth hanging on to.
[30:35.520 --> 30:39.800] This public service announcement is brought to you by StartPage.com, the private search
[30:39.800 --> 30:43.360] engine alternative to Google, Yahoo, and Bing.
[30:43.360 --> 30:46.280] Start over with StartPage.
[30:46.280 --> 30:50.280] Food labels are supposed to tell us what's in the food we eat, so what does it mean to
[30:50.280 --> 30:52.920] say made with natural goodness or doctor-recommended?
[30:52.920 --> 30:56.920] Tell me, what is doctor-recommended food anyway?
[30:56.920 --> 31:01.600] The Center for Science in the Public Interest is calling for an end to misleading labels.
[31:01.600 --> 31:05.320] They say these claims make food sound healthier than it really is.
[31:05.320 --> 31:07.880] One example, lightly sweetened cereal.
[31:07.880 --> 31:10.560] Just how much sugar is in that exactly?
[31:10.560 --> 31:14.280] Another reads all-natural, until you check the ingredients to see it's chock-full of
[31:14.280 --> 31:16.680] modified cornstarch and other chemicals.
[31:16.680 --> 31:21.480] Finally, here's my favorite, kid-approved, since when did parents need kid's approval
[31:21.480 --> 31:22.480] to fill the cupboard?
[31:22.480 --> 31:24.240] I'm Dr. Catherine Albrecht.
[31:24.240 --> 31:31.680] More news and information at CatherineAlbrecht.com.
[31:31.680 --> 31:37.040] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:37.040 --> 31:42.480] The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:42.480 --> 31:43.920] it was a controlled demolition.
[31:43.920 --> 31:48.200] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:48.200 --> 31:49.560] first responders are dying.
[31:49.560 --> 31:52.600] I'm not a conspiracy theorist, I'm not a structural engineer, I'm a New York City
[31:52.600 --> 31:57.200] correction officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans,
[31:57.200 --> 31:58.640] and we deserve the truth.
[31:58.640 --> 32:00.640] Go to RememberBuilding7.org today.
[32:00.640 --> 32:06.040] Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.040 --> 32:09.840] In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.840 --> 32:13.640] to have a free society, then we're going to have to stand and defend our own rights.
[32:13.640 --> 32:17.000] Among those rights are the right to travel freely from place to place, the right to act
[32:17.000 --> 32:21.040] in our own private capacity, and most importantly, the right to due process of law.
[32:21.040 --> 32:25.280] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:25.280 --> 32:26.280] through due process.
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[32:30.240 --> 32:34.040] most comprehensive teaching tool available that will help you understand what due process
[32:34.040 --> 32:36.400] is and how to hold the courts to the rule of law.
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[32:40.440 --> 32:41.760] ordering your copy today.
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[32:49.520 --> 32:51.360] documents and other useful resource material.
[32:51.360 --> 32:55.080] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.080 --> 33:04.800] Order your copy today, and together we can have the free society we all want and deserve.
[33:04.800 --> 33:09.800] You're listening to the Logos Radio Network at logosradionetwork.com.
[33:09.800 --> 33:26.400] Yeah, I got a warrant, and I'm going to solve them, to the government them, prosecute them.
[33:26.400 --> 33:27.400] Okay.
[33:27.400 --> 33:28.400] Okay.
[33:28.400 --> 33:46.880] Well, I need a prosecutor to come and help me prosecute them wicked leaders.
[33:46.880 --> 33:49.040] You see, the Mamma Mia is a liar.
[33:49.040 --> 33:52.520] Them tell me, them a liar not tell me stories.
[33:52.520 --> 34:04.160] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Patrick
[34:04.160 --> 34:05.160] in Texas.
[34:05.160 --> 34:13.920] If you're up to date on your mortgage, and you want to hammer the banks, get your HUD
[34:13.920 --> 34:23.680] 1 settlement statement, and think back to your closing, when the trustee came to closing
[34:23.680 --> 34:30.120] with that HUD 1 settlement statement, with all those bills on it, did he provide documentation
[34:30.120 --> 34:34.280] to support all of those?
[34:34.280 --> 34:38.440] We've never had anybody that ever received any documentation.
[34:38.440 --> 34:41.800] They just put whatever they want to on there.
[34:41.800 --> 34:45.960] And that's literally what they did.
[34:45.960 --> 34:51.880] Every single one we've looked at had fraudulent fees on it.
[34:51.880 --> 34:59.320] Every time I've had a client who was ever a lender or worked for a lender, when I got
[34:59.320 --> 35:08.040] to this part, they told me, don't you dare put that in there, because they knew that
[35:08.040 --> 35:14.000] some of those fees were fraudulent, and they were afraid that if I put it in their case,
[35:14.000 --> 35:20.640] people would look back at their history and nail them for where they did it to a whole
[35:20.640 --> 35:22.320] bunch of other people.
[35:22.320 --> 35:24.400] This terrified these people.
[35:24.400 --> 35:33.240] Now, these weren't people who were sophisticated with the foreclosure issues.
[35:33.240 --> 35:41.960] These were people who simply knew that a portion of those fees were outright fraud.
[35:41.960 --> 35:49.560] We helped over 500 people file suits with these accusations in it.
[35:49.560 --> 35:56.880] I'd like you to take a guess as to how many individual fees were ever proved up, and it's
[35:56.880 --> 36:00.060] a real easy number.
[36:00.060 --> 36:01.800] Is it less than one?
[36:01.800 --> 36:03.640] It is less than one.
[36:03.640 --> 36:06.240] That narrows it down.
[36:06.240 --> 36:14.160] Now when we go in and make a claim against the lender for fraud in excess of the original
[36:14.160 --> 36:20.920] principle based on these fees, and we claim they're all fraudulent, you think they prove
[36:20.920 --> 36:25.800] one or two up, but they never have.
[36:25.800 --> 36:29.720] What we do is we look at all these fees.
[36:29.720 --> 36:35.200] Now we know the majority of those fees are legitimate.
[36:35.200 --> 36:36.940] They were for legitimate services.
[36:36.940 --> 36:44.800] What we don't know is are they fees that are forbidden to be charged to the borrower at
[36:44.800 --> 36:48.760] closing?
[36:48.760 --> 36:55.960] Are they fees for services that were actually necessary?
[36:55.960 --> 36:59.080] Are they fees for services that actually occurred?
[36:59.080 --> 37:00.080] We don't know that.
[37:00.080 --> 37:05.360] All we know is these fees are on this document, but I can assure you there's at least one
[37:05.360 --> 37:06.360] on there.
[37:06.360 --> 37:14.760] If you've ever seen a document preparation fee, a warehousing fee, a processing fee,
[37:14.760 --> 37:16.720] those are all fraudulent.
[37:16.720 --> 37:21.840] They're not allowed to be charged to you.
[37:21.840 --> 37:31.640] If they're a normal part of doing business, it is intended that those amounts be taken
[37:31.640 --> 37:35.440] out of the interest that's charged on the note.
[37:35.440 --> 37:39.880] That's part of what the interest is for, but they don't.
[37:39.880 --> 37:43.320] They add it to the head of the note.
[37:43.320 --> 37:48.200] We get an amortization schedule, preferably just go to the internet.
[37:48.200 --> 37:52.840] You can download one that does an amortization on a spreadsheet.
[37:52.840 --> 37:58.520] You can see each of the payments, how much is principal, how much is interest, what your
[37:58.520 --> 38:03.840] balance remains after payment.
[38:03.840 --> 38:15.920] Take the amounts off of the note, put in the principal interest period, run the amortization.
[38:15.920 --> 38:21.400] Then make a copy of that from the spreadsheet and move it over and set a second column so
[38:21.400 --> 38:25.160] you can do a second amortization.
[38:25.160 --> 38:32.000] On this second one, you take the full amount of the fees from the HUD-1 settlement statement
[38:32.000 --> 38:42.400] and subtract them from the head of the note as an overpayment on the first payment.
[38:42.400 --> 38:50.680] That knocks that amount off the principal and then run the note out for 30 years and
[38:50.680 --> 38:52.000] see what you see.
[38:52.000 --> 38:55.760] Now, Steve's was the first one I ever did that on.
[38:55.760 --> 39:01.080] His was a 116,000 at 6%.
[39:01.080 --> 39:02.860] It was nice and simple.
[39:02.860 --> 39:09.600] It wasn't a variable rate, it was just 6% simple.
[39:09.600 --> 39:14.720] He had $12,000 in closing fees.
[39:14.720 --> 39:18.960] I didn't realize it then as one of the first ones, but that was pretty awfully high closing
[39:18.960 --> 39:20.160] fees.
[39:20.160 --> 39:28.240] So I subtracted $12,000 from the head of the note on the first payment, ran it out.
[39:28.240 --> 39:39.480] On a $116,000 note, he would have overpaid the note over the 30-year period, $50,000.43.
[39:39.480 --> 39:44.280] It just happened to come out exactly $50,000.
[39:44.280 --> 39:52.400] Now in fraud, you do not claim the amount you were actually defrauded of as the note
[39:52.400 --> 39:56.320] was, I think, five or six years old.
[39:56.320 --> 40:06.040] You claim the amount you would have been defrauded of had the perpetrator's plan ran to fruition
[40:06.040 --> 40:07.840] for 30 years.
[40:07.840 --> 40:12.240] They intended to defraud Steve of 50 grand.
[40:12.240 --> 40:17.400] But you don't sue for that amount, you sue for triple.
[40:17.400 --> 40:26.240] So on that one calculation, we got a claim against the lender of $150,000 on a $116,000
[40:26.240 --> 40:27.600] note.
[40:27.600 --> 40:33.480] So in that one, you can claim rescission by default, by the lender defaulting on the deed
[40:33.480 --> 40:38.920] of trust because on the deed of trust, they're required to give you all proper notices and
[40:38.920 --> 40:44.520] if they've charged fees or if they charge fees that were fraudulent, that would violate
[40:44.520 --> 40:51.760] ... I'm sorry, the proper notices would violate Covenant 14, the false fees would violate
[40:51.760 --> 41:00.120] Covenant 13, and the violation of law in the fraudulent and the ones that were outright
[41:00.120 --> 41:08.760] fraud, that would violate 15, the applicable law and serviceability clause.
[41:08.760 --> 41:17.500] So you claim default on the deed of trust and a rescission of the voluntary rescission
[41:17.500 --> 41:20.000] and tender by set off.
[41:20.000 --> 41:26.560] If you rescind the note, they ask for tender, or if you received the note in deed of trust.
[41:26.560 --> 41:29.440] So if you rescind it, they're going to ask you to give them all the money back and you
[41:29.440 --> 41:37.360] will say you provide tender by set off against the claim you have against the bank.
[41:37.360 --> 41:40.040] And that's one of the calculations you do.
[41:40.040 --> 41:43.040] There's another one.
[41:43.040 --> 41:47.480] Look at your note, principal and interest.
[41:47.480 --> 41:55.680] Run an advertisement on that, then look at the truth and lending statement.
[41:55.680 --> 42:02.840] About 75% of the time, when you look at the payment demanded on the truth and lending
[42:02.840 --> 42:09.240] statement, as opposed to the payment you agreed to on the note, the payment on the truth and
[42:09.240 --> 42:12.960] lending statement will be higher.
[42:12.960 --> 42:18.000] About 25% of the time, it will be lower.
[42:18.000 --> 42:23.920] About 100th of a percent of the time, it will be the same.
[42:23.920 --> 42:31.280] I think I've found a total of six that were the same.
[42:31.280 --> 42:40.920] It's either a more or less, and I think less is probably a worse problem than more.
[42:40.920 --> 42:46.960] Because if they're charging you less, they're setting you up to default.
[42:46.960 --> 42:49.040] They're going to watch your payments.
[42:49.040 --> 42:58.680] They want you to pay it out until the note is paid down 15% because the default swap,
[42:58.680 --> 43:05.640] unregulated insurance policies they bought on your note when they sold it 10 or 15 times,
[43:05.640 --> 43:07.880] those will pay 85% of the principal.
[43:07.880 --> 43:11.680] So they want you to pay down 15% of the principal.
[43:11.680 --> 43:18.400] Once it's at 15% of the principal, they want to force you into default because they've
[43:18.400 --> 43:20.480] sold the note a half a dozen times.
[43:20.480 --> 43:26.240] If you pay it out for each of these extra notes that they have sold, they'll have to
[43:26.240 --> 43:29.840] pay and they'll lose money.
[43:29.840 --> 43:36.280] But if they can force you into default, the credit default swaps all pay off and they
[43:36.280 --> 43:39.840] get a major jackpot.
[43:39.840 --> 43:44.880] So if they charge you too little, they'll wait until you slow pay twice in a row, and
[43:44.880 --> 43:47.160] then they'll say, oh, we goofed.
[43:47.160 --> 43:50.280] You owe us $20,000 in default close.
[43:50.280 --> 43:51.280] Hang on.
[43:51.280 --> 43:57.160] Randy Kelton, Steve Skidmore, we'll radio or call him number 512-646-1984, we'll be
[43:57.160 --> 43:59.160] right back.
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[45:59.960 --> 46:15.000] Whoa, whoa, whoa, yeah.
[46:15.000 --> 46:30.440] Always, I must be careful what I'm wishing for.
[46:30.440 --> 46:38.760] When I'm hungry, I like to know just what I'm fishing for.
[46:38.760 --> 46:39.760] I ain't asking for much.
[46:39.760 --> 46:40.760] I ain't asking for much.
[46:40.760 --> 46:46.960] Steve Skidmore, we're talking to Patrick in Texas, and I'll finish up real quick on the
[46:46.960 --> 46:48.920] Truth in Lending Statement.
[46:48.920 --> 46:56.600] About 75% of the time, the amount they ask you to pay on the Truth in Lending Statement
[46:56.600 --> 47:03.480] is greater than the amount you agreed to pay on the note.
[47:03.480 --> 47:11.800] And on Steve's, I think it was, Steve, what was it, about $47?
[47:11.800 --> 47:12.800] On his-
[47:12.800 --> 47:14.840] What about $47?
[47:14.840 --> 47:20.320] The difference between what you agreed to pay when you signed the note and what they
[47:20.320 --> 47:21.320] charged on-
[47:21.320 --> 47:22.320] Oh, oh, oh, oh, yeah.
[47:22.320 --> 47:23.320] Yeah.
[47:23.320 --> 47:24.320] It wasn't quite.
[47:24.320 --> 47:25.320] $50 is around $47.
[47:25.320 --> 47:28.960] $47 is what I remember.
[47:28.960 --> 47:35.640] But he would have overpaid $43,000 over the life of-
[47:35.640 --> 47:37.680] Yeah, it was just over $44.
[47:37.680 --> 47:38.680] Yeah.
[47:38.680 --> 47:42.880] When we calculated that, it was just over $44,000.
[47:42.880 --> 47:50.280] When you multiply 30 years times 12 months, that $47 adds up.
[47:50.280 --> 47:52.680] Yes, it does.
[47:52.680 --> 47:56.720] I was surprised at how much difference it made.
[47:56.720 --> 48:05.800] So between the two of them, we've got a claim against the lender of more than twice the
[48:05.800 --> 48:08.640] amount of the original principal.
[48:08.640 --> 48:19.440] Now Patrick, if you could go back to the lender with a qualified written request and claim
[48:19.440 --> 48:28.960] that you were overcharged by these amounts and ask them to correct this, they're not
[48:28.960 --> 48:36.600] going to, and once you ask them to correct it and they don't, okay, a qualified written
[48:36.600 --> 48:43.880] request, you'll see a lot of documents that purport to be a qualified written request,
[48:43.880 --> 48:47.080] but most of them are not.
[48:47.080 --> 48:59.120] A qualified written request is a claim to the lender of an accounting error and a request
[48:59.120 --> 49:02.800] that they correct the error.
[49:02.800 --> 49:06.600] And that's what sent me to these calculations.
[49:06.600 --> 49:11.680] I'm looking for an accounting error that I can claim.
[49:11.680 --> 49:20.920] Let me be frank, I didn't care if there was one or not, because I understand in law, it's
[49:20.920 --> 49:25.600] not about what is actually true.
[49:25.600 --> 49:28.160] It's about the perception.
[49:28.160 --> 49:37.480] If I could create a claim that on its face looks legitimate and adjudicatable, that's
[49:37.480 --> 49:39.360] all I need.
[49:39.360 --> 49:47.960] So I was looking for something where every client that I got, I had a way to make a claim.
[49:47.960 --> 49:54.760] And so I started looking at these things and once I worked them out, it was a holy mackerel.
[49:54.760 --> 49:59.520] That is a tremendous amount they're stealing from you.
[49:59.520 --> 50:07.080] So you do these calculations and whatever the actual numbers are over the full term
[50:07.080 --> 50:13.000] of the note, you triple that because in fraud, you ask for trouble damages.
[50:13.000 --> 50:20.440] And the nice thing about it is, is when you sue them, you don't pull some arbitrary number
[50:20.440 --> 50:23.320] out of the air.
[50:23.320 --> 50:30.120] When you run these calculations and I have a spreadsheet set up for this purpose if anybody
[50:30.120 --> 50:37.000] wants to run, you could go to remediesinreadestate.com and there's a fraud, calculate fraud page
[50:37.000 --> 50:43.120] you fill that out and we'll run the numbers on it and send them back to you.
[50:43.120 --> 50:49.080] I had some trouble with malware on the sites, but I think I got it all out.
[50:49.080 --> 50:55.800] I found they had some JavaScripts hidden in my code, but I think I found them all.
[50:55.800 --> 51:00.240] But anyway, we'll run the numbers for you.
[51:00.240 --> 51:04.400] You'll be surprised at how much of a claim you'll get in a cylinder.
[51:04.400 --> 51:11.200] The thing about the HUD-1 settlement statement, you will always get a claim against the lender.
[51:11.200 --> 51:17.760] Some more, some less, but always you will get a claim against the lender on the numbers
[51:17.760 --> 51:19.400] on the HUD-1 settlement statement.
[51:19.400 --> 51:27.640] And when you go into court, you're not asking for some arbitrary or capricious amount.
[51:27.640 --> 51:35.440] If the other side comes in whining and complaining about these numbers, you can show them how
[51:35.440 --> 51:42.360] you got these numbers to the penny.
[51:42.360 --> 51:51.080] And the best thing about this is when you go in the door, you go in with a particular
[51:51.080 --> 51:57.640] number and the other side will gripe and argue about it and whittle it down and you'll kick
[51:57.640 --> 51:59.160] the numbers back and forth.
[51:59.160 --> 52:06.840] But at the end of the day, the other side knows full well there is only one number the
[52:06.840 --> 52:10.160] jury is going to remember.
[52:10.160 --> 52:14.280] And that's the number you walked in the door with.
[52:14.280 --> 52:21.200] Now they can give you that amount, or they can give you less than that amount, or they
[52:21.200 --> 52:25.440] can give you more than that amount.
[52:25.440 --> 52:30.640] And it's not about getting before the jury and what the jury will not do.
[52:30.640 --> 52:35.280] It's all about perception.
[52:35.280 --> 52:42.720] It's about how well do you make this argument and how will it play with the jury?
[52:42.720 --> 52:46.200] Well, consider you're the lawyer on the other side.
[52:46.200 --> 52:52.800] You got this jerk comes in here and he claims that all of these fees on the HUD-1 settlement
[52:52.800 --> 52:53.800] statement are bogus.
[52:53.800 --> 52:54.800] Well, that's nonsense.
[52:54.800 --> 53:03.240] Of course, they're not all bogus, but he knows one of them is.
[53:03.240 --> 53:10.000] And he also knows that when we come into court and say, well, this administration fee, process
[53:10.000 --> 53:15.800] fee, document preparation fees, these are all fraudulent.
[53:15.800 --> 53:22.640] The first thing the jurors are going to do when they go home the first day is they're
[53:22.640 --> 53:27.360] going to drag out their HUD-1 settlement statement.
[53:27.360 --> 53:35.920] And when they see these same fees that we've called RODASH fees, RODASH was a case in Florida
[53:35.920 --> 53:44.720] over a $50 charge and they won, they sued over a $50 charge and they won it.
[53:44.720 --> 53:49.360] And the litigant was RODASH, so they call them RODASH fees.
[53:49.360 --> 53:57.120] But this was an industry standard to add false fees and that is criminal.
[53:57.120 --> 54:04.820] So Patrick, if you put together this claim and file it against them and they fail to
[54:04.820 --> 54:13.760] provide documentation, you know, when we made this claim, we said, if the defendant will
[54:13.760 --> 54:19.920] provide documentation to show that the fees were not otherwise forbidden to be charged
[54:19.920 --> 54:32.480] by law and that they were righteous and proper, we will adjust the claim by that amount.
[54:32.480 --> 54:37.480] That was so we could set them up because we knew they weren't going to prove up any.
[54:37.480 --> 54:43.920] The reason we have zero proved up is because if they prove up one and they fail to prove
[54:43.920 --> 54:50.560] up another, that creates the adverse inference that the one they didn't prove up is exactly
[54:50.560 --> 54:57.920] what we said it was, a fraudulent fee for the purpose of bribing our fiduciaries.
[54:57.920 --> 55:03.040] So this will really give them apoplexy.
[55:03.040 --> 55:09.240] You do this, you know, always the courts are intended to be used as the remedy of last
[55:09.240 --> 55:10.640] resort, not first resort.
[55:10.640 --> 55:14.960] So the best way to do this is in the qualified written request.
[55:14.960 --> 55:21.560] The qualified written request will actually act as a tort letter.
[55:21.560 --> 55:28.600] It gives them notice and then when they don't respond, you turn around and sue them and
[55:28.600 --> 55:33.400] then go to them and say, guys, you know, I'll keep you guys in court for the next couple
[55:33.400 --> 55:42.060] of years and I may get somebody put in prison here, but that's not what I want.
[55:42.060 --> 55:47.040] How about we sit down at the table and you kind of calculate how much it's going to cost
[55:47.040 --> 55:59.880] you to research out all these issues and provide pleadings and memorandums and knock off a
[55:59.880 --> 56:04.760] half of that litigation fee, knock it off my note and let's refinance this thing.
[56:04.760 --> 56:07.800] What do you think, Patrick?
[56:07.800 --> 56:12.040] No, that sounds very, very good.
[56:12.040 --> 56:17.240] I mean, it makes total sense because I mean, my biggest problem is just, you know, you
[56:17.240 --> 56:22.880] go off and you buy a home and just for, you know, example purpose, $250,000 and by the
[56:22.880 --> 56:28.680] end of that, you've paid, you know, probably somewhere near $750,000 for a property that
[56:28.680 --> 56:31.280] may or may not have appreciated that value.
[56:31.280 --> 56:37.080] Either way, it doesn't matter about the appreciation, but to me, that's egregious, that's absolutely
[56:37.080 --> 56:38.080] ridiculous.
[56:38.080 --> 56:40.360] I've got a big problem with that.
[56:40.360 --> 56:46.600] I mean, if you're going to lend me money and you're going to give me, you know, a consideration,
[56:46.600 --> 56:50.800] that's great, but I don't think it needs to be three times what the assumed value of the
[56:50.800 --> 56:55.800] note or the property was at the time, because that's still arbitrary in my opinion as well.
[56:55.800 --> 57:03.320] Well, after the year 2000, they really, that was the biggest scam ever perpetrated on a
[57:03.320 --> 57:07.280] population in the history of the world.
[57:07.280 --> 57:17.520] They went to these people who were for the most part in mortgages they could afford,
[57:17.520 --> 57:25.120] building equity and they went to them and convinced them to do the one thing that had
[57:25.120 --> 57:35.880] always been taboo, never ever speculate with your home and that's exactly what they conned
[57:35.880 --> 57:37.600] these people into doing.
[57:37.600 --> 57:43.720] And people fell for it because they're dealing with licensed lenders, subject to numerous
[57:43.720 --> 57:50.200] consumer protection laws that were all nothing but shucking and jiving.
[57:50.200 --> 57:59.000] Those consumer protection laws were absolutely intended to be as worthless as they are and
[57:59.000 --> 58:03.960] they conned people into selling houses they could afford or getting into houses they couldn't
[58:03.960 --> 58:10.720] afford and outrageous interest rates designed to force them to default.
[58:10.720 --> 58:18.320] So the banks need their butts kicked big time and we hope we can help a lot of people do
[58:18.320 --> 58:19.320] it.
[58:19.320 --> 58:24.280] Hang on Patrick, the calls are building up pretty good tonight.
[58:24.280 --> 58:27.480] We will, do you have more questions for us Patrick?
[58:27.480 --> 58:33.240] I do, I do, it's kind of a change from you but I do have one more at least for you.
[58:33.240 --> 58:38.720] Okay hang on, we will pick that up on the other side, this is Randy Kelton, Steve Skidmore,
[58:38.720 --> 58:50.360] We'll Blah Radio and don't forget our fun drive, we'll be right back.
[58:50.360 --> 58:54.480] Would you like to make more definite progress in your walk with God?
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[01:00:02.880 --> 01:00:07.440] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
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[01:00:08.440 --> 01:00:14.520] I'm Brian Hagan with the Liberty Beat for Friday, January 17th, 2014.
[01:00:14.520 --> 01:00:21.720] Gold opened today at $1,244, silver opened at $20.11, while Bitcoin is trading at $700
[01:00:21.720 --> 01:00:24.600] and $92.68.
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[01:00:47.520 --> 01:00:52.120] On Thursday night, the Houston Independent School District Board of Education voted 7-0
[01:00:52.120 --> 01:00:55.960] to ban four current school mascots bound to be offensive.
[01:00:55.960 --> 01:01:00.760] The mascots to be changed include the Red Scans, the Warriors, the Indians and the Rebels.
[01:01:00.760 --> 01:01:05.220] Chief School Support Officer Drew Houlihan said, while traditions are important, they
[01:01:05.220 --> 01:01:10.200] do not trump kindness and respect.
[01:01:10.200 --> 01:01:15.520] The Sacramento Kings will become the first professional sports franchise to accept Bitcoin.
[01:01:15.520 --> 01:01:20.760] That word came Thursday when the team's majority owner made the announcement to ESPN.com.
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[01:01:24.840 --> 01:01:26.600] gear from the team store.
[01:01:26.600 --> 01:01:31.960] In related news, it's time now for your Blockchain.info Bitcoin Tip of the Week.
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[01:04:41.960 --> 01:04:47.920] I am not familiar with timeshare, I've never looked into those.
[01:04:47.920 --> 01:04:51.640] Steve, do you know anything about those?
[01:04:51.640 --> 01:04:54.960] Not a thing, not a thing.
[01:04:54.960 --> 01:05:03.920] I know there's no mortgage attached to it, if you're sharing a time with several other
[01:05:03.920 --> 01:05:10.120] entities or individuals, about all I know is that you put in a bid for a certain period
[01:05:10.120 --> 01:05:14.680] of time and you're granted that as long as nobody else is there, but other than that,
[01:05:14.680 --> 01:05:16.680] that's about all I know about timeshares.
[01:05:16.680 --> 01:05:25.120] Okay, because I was just curious, because they solicit that as like deeded property
[01:05:25.120 --> 01:05:34.080] and deeded ownership and just kind of trying to get an insight on what that truly is.
[01:05:34.080 --> 01:05:43.520] I think the timeshare might give you partial rights or partial interest in the property.
[01:05:43.520 --> 01:05:49.840] Well, in looking at, if it's in Texas, I was just looking at Texas Rules of Civil Procedure
[01:05:49.840 --> 01:06:01.560] 785 and 86 and that says that if you have any interest in the property, you have standing
[01:06:01.560 --> 01:06:10.400] as concerns, any action against the property, if that helps at all, you might look at Rule
[01:06:10.400 --> 01:06:15.920] of Civil Procedure 785, 786.
[01:06:15.920 --> 01:06:24.240] So like if there is a suit relating to the property, you have the right to intervene
[01:06:24.240 --> 01:06:33.960] in the suit and make yourself either a plaintiff or a defendant and that goes to any ownership
[01:06:33.960 --> 01:06:41.040] in the property and timeshare, what I'm not sure about in timeshare, does it give you
[01:06:41.040 --> 01:06:48.840] actual ownership in the property or just a claim for usage of the property?
[01:06:48.840 --> 01:06:54.440] It'd probably be a claim for the usage because you're sharing that with several others.
[01:06:54.440 --> 01:07:00.920] Yeah, and the only way for me to figure that out is I'd have to read the contract.
[01:07:00.920 --> 01:07:01.920] Yeah.
[01:07:01.920 --> 01:07:08.080] Patrick, do you have a contract on a timeshare or are you looking on?
[01:07:08.080 --> 01:07:09.080] I do, yeah.
[01:07:09.080 --> 01:07:14.560] That's how it's been kind of researched because it's kind of, in my opinion, questionable
[01:07:14.560 --> 01:07:21.160] because you've got the deeded aspect and then you've got these, a lot of people have a note
[01:07:21.160 --> 01:07:25.960] with it as well and so you're talking about the note aspect, you're talking about the
[01:07:25.960 --> 01:07:31.160] ownership aspect as well, so that was kind of an area of interest.
[01:07:31.160 --> 01:07:36.960] Email me the contract, let me glance through it.
[01:07:36.960 --> 01:07:40.400] Pretty familiar with these kinds of contracts, so I'll be able to tell pretty quick.
[01:07:40.400 --> 01:07:46.760] Well, if there's a note involved, Randy, wouldn't that give him some type of interest in the
[01:07:46.760 --> 01:07:47.760] property itself?
[01:07:47.760 --> 01:07:52.200] Yeah, that's the way, you know, they do that with airplanes all the time.
[01:07:52.200 --> 01:07:53.200] Yeah.
[01:07:53.200 --> 01:08:01.880] Right, yeah, the fractional interest in airline or airtime, I've seen that with individuals
[01:08:01.880 --> 01:08:07.640] that have private commuter jets and they do fractional time with that and so.
[01:08:07.640 --> 01:08:15.280] Every one of those people actually own a piece of the jet, so it's not just that they bought
[01:08:15.280 --> 01:08:24.160] like a renting time to use or setting time that they can use it, they actually own part
[01:08:24.160 --> 01:08:25.160] of it.
[01:08:25.160 --> 01:08:34.400] They have to put in amounts to cover annuals and insurance, so that's actual ownership
[01:08:34.400 --> 01:08:39.480] and I suspect that the timeshare is going to also go to actual ownership.
[01:08:39.480 --> 01:08:44.760] Yeah, because you do have, you have property tax assessments, you have homeowners' assessments,
[01:08:44.760 --> 01:08:50.880] maintenance fees, so there's a couple of elements involved with that, definitely.
[01:08:50.880 --> 01:08:52.880] So that sounds like ownership interest.
[01:08:52.880 --> 01:08:55.440] Yeah, almost certainly it's going to be.
[01:08:55.440 --> 01:08:56.440] Okay.
[01:08:56.440 --> 01:08:59.600] Send me a copy of it, I'll have a look at it.
[01:08:59.600 --> 01:09:00.600] That sounds great.
[01:09:00.600 --> 01:09:04.120] I'll let you get on the next callers and I'll keep listening and get back to you a little
[01:09:04.120 --> 01:09:05.120] bit.
[01:09:05.120 --> 01:09:06.120] Okay.
[01:09:06.120 --> 01:09:07.120] Thank you, Patrick.
[01:09:07.120 --> 01:09:08.120] Yes.
[01:09:08.120 --> 01:09:15.240] Okay, now we're going to go to Tee in Texas and then we'll go to Amex, Doug, Terrence
[01:09:15.240 --> 01:09:17.640] and one more that's not screened yet.
[01:09:17.640 --> 01:09:18.640] Okay.
[01:09:18.640 --> 01:09:19.640] Hello, Tee.
[01:09:19.640 --> 01:09:20.640] Hey, how are you doing?
[01:09:20.640 --> 01:09:21.640] Thanks for taking my call.
[01:09:21.640 --> 01:09:30.160] The situation is I've got a 20-year-old son, he has had a troubled past, constantly making
[01:09:30.160 --> 01:09:35.880] the wrong decision, and now he is sitting in the Montgomery County jail.
[01:09:35.880 --> 01:09:38.320] Wow, Montgomery County.
[01:09:38.320 --> 01:09:39.320] Yeah.
[01:09:39.320 --> 01:09:40.320] Well...
[01:09:40.320 --> 01:09:44.720] I was thrown out of the district court in Montgomery County.
[01:09:44.720 --> 01:09:53.720] Well, about a year ago, he got a state jail felony on his record because of making a purchase
[01:09:53.720 --> 01:09:58.800] of a $70 carton of cigarettes with a stolen credit card his friend had stolen.
[01:09:58.800 --> 01:10:00.840] He got popped for that.
[01:10:00.840 --> 01:10:07.720] So now, he was a willing accomplice in this latest one.
[01:10:07.720 --> 01:10:11.440] His friend broke into a truck, stole some items.
[01:10:11.440 --> 01:10:12.440] They saw him get away.
[01:10:12.440 --> 01:10:19.960] They called 911 and the sheriff's deputy pulled him over and got him out of the car, him and
[01:10:19.960 --> 01:10:20.960] his friend.
[01:10:20.960 --> 01:10:26.440] And he said, you know, he locked the car and said, I don't consent to a search, will I?
[01:10:26.440 --> 01:10:31.880] Patty down, took his keys and searched it, and they found a weapon in between the backseat.
[01:10:31.880 --> 01:10:37.080] And so they charged him with felon, unlawful possession of a firearm by a felon and burglary
[01:10:37.080 --> 01:10:38.080] of a vehicle.
[01:10:38.080 --> 01:10:45.480] And I'm of the opinion that if you stole something, he deserves to do time for that.
[01:10:45.480 --> 01:10:46.480] I agree with that.
[01:10:46.480 --> 01:10:54.440] I don't care if he's my son or not, but at the same time, I don't want them dogpiling
[01:10:54.440 --> 01:10:58.080] a bunch of charges on him to make one.
[01:10:58.080 --> 01:10:59.080] Okay.
[01:10:59.080 --> 01:11:01.480] Understand what they're almost certainly doing.
[01:11:01.480 --> 01:11:02.480] Yeah.
[01:11:02.480 --> 01:11:07.360] Everything is about the deal.
[01:11:07.360 --> 01:11:08.720] They're going to want him to make a deal.
[01:11:08.720 --> 01:11:09.960] They don't want to go to court.
[01:11:09.960 --> 01:11:16.120] So they're going to dogpile all they can and go to him and say, okay, tell you what we're
[01:11:16.120 --> 01:11:17.920] going to do.
[01:11:17.920 --> 01:11:21.240] You copped to this one, we dropped that one.
[01:11:21.240 --> 01:11:24.940] This is all about playing poker with him.
[01:11:24.940 --> 01:11:33.200] How long was he out of prison on the felony that made him a felon?
[01:11:33.200 --> 01:11:34.200] He never went to jail.
[01:11:34.200 --> 01:11:38.040] It was a, they offered him probation or time served.
[01:11:38.040 --> 01:11:44.520] He did a month in jail now for him a probation, a year probation or time served and except
[01:11:44.520 --> 01:11:45.520] wait a minute.
[01:11:45.520 --> 01:11:48.600] Did they leave it as a felony if they gave him?
[01:11:48.600 --> 01:11:51.520] Yeah, they left it as a felony.
[01:11:51.520 --> 01:11:52.520] Oh, okay.
[01:11:52.520 --> 01:11:54.520] Well, there's a time limit.
[01:11:54.520 --> 01:12:01.160] Our producer on there, his brother is familiar with this issue of felons can have guns in
[01:12:01.160 --> 01:12:02.160] Texas.
[01:12:02.160 --> 01:12:03.160] Yeah.
[01:12:03.160 --> 01:12:04.160] After five years.
[01:12:04.160 --> 01:12:05.160] But only.
[01:12:05.160 --> 01:12:06.160] It's five years.
[01:12:06.160 --> 01:12:07.160] Okay.
[01:12:07.160 --> 01:12:09.120] I didn't know how long it was.
[01:12:09.120 --> 01:12:12.480] Was this his vehicle?
[01:12:12.480 --> 01:12:14.640] It was, it was his car.
[01:12:14.640 --> 01:12:15.640] Yes.
[01:12:15.640 --> 01:12:18.640] And then he has a concern.
[01:12:18.640 --> 01:12:25.320] They could search it because they had reasonable probable cause to believe that this vehicle
[01:12:25.320 --> 01:12:32.960] was involved in a crime and they stopped based on that probable cause.
[01:12:32.960 --> 01:12:38.960] So that would give them cause to search and they would maintain that the search was partially
[01:12:38.960 --> 01:12:45.480] for their safety and because they found a weapon, the court's going to buy that.
[01:12:45.480 --> 01:12:57.000] You won't get to throw the, you may get to throw the weapon out.
[01:12:57.000 --> 01:12:58.880] Did they charge them with the theft?
[01:12:58.880 --> 01:13:05.080] Well, so far, that's a class A misdemeanor is burglary of a vehicle.
[01:13:05.080 --> 01:13:06.680] That's his second case.
[01:13:06.680 --> 01:13:07.680] Okay.
[01:13:07.680 --> 01:13:14.640] If they charged them with the theft itself, then that lends itself to everything else.
[01:13:14.640 --> 01:13:23.360] You know, we want the, our police to follow law and we don't want them to abuse our rights.
[01:13:23.360 --> 01:13:30.080] But at the same time, we have to, we still want police to be able to be police.
[01:13:30.080 --> 01:13:39.040] And in this case, that's a question I really can't answer for sure.
[01:13:39.040 --> 01:13:40.040] Yeah.
[01:13:40.040 --> 01:13:42.000] Steve, maybe you'd help.
[01:13:42.000 --> 01:13:49.200] You stopped somebody based on a report that they were seen committing robbery.
[01:13:49.200 --> 01:13:56.680] Would that give, that would seem that would give you probable cause to search the vehicle
[01:13:56.680 --> 01:13:57.680] for contraband?
[01:13:57.680 --> 01:14:00.280] Do you have the vehicle match the description?
[01:14:00.280 --> 01:14:01.280] Yeah.
[01:14:01.280 --> 01:14:02.280] Yeah, it did.
[01:14:02.280 --> 01:14:08.200] And I'm not disputing the search at all, because I agree that-
[01:14:08.200 --> 01:14:11.680] This was for me a question.
[01:14:11.680 --> 01:14:17.920] Because you have, you know, somebody said that they stole something, can the police
[01:14:17.920 --> 01:14:22.280] simply search the vehicle or do they still have to get a warrant?
[01:14:22.280 --> 01:14:25.000] I think they still have to get a warrant.
[01:14:25.000 --> 01:14:29.040] I think the guy that got something stolen from him ended up at the scene and he, once
[01:14:29.040 --> 01:14:33.160] they got the car open, he recovered his items that was stolen.
[01:14:33.160 --> 01:14:39.560] I still think they have to get a warrant.
[01:14:39.560 --> 01:14:42.800] Just because the guy says, yeah, that's the car.
[01:14:42.800 --> 01:14:48.160] What that does is gives them probable cause to secure a warrant.
[01:14:48.160 --> 01:14:50.880] Well, let me break in here real quick.
[01:14:50.880 --> 01:14:59.840] Here's, I had a huge, I built a huge, ridiculously big barbecue pit.
[01:14:59.840 --> 01:15:00.840] It's Texas.
[01:15:00.840 --> 01:15:04.520] This thing was so big, it was on a trailer.
[01:15:04.520 --> 01:15:07.120] You just, it was huge.
[01:15:07.120 --> 01:15:09.560] I valued it at around $4,000.
[01:15:09.560 --> 01:15:11.000] It was stolen from me.
[01:15:11.000 --> 01:15:13.720] A friend of mine saw this thing going down the road.
[01:15:13.720 --> 01:15:16.080] He calls me and says, hey, you want your barbecue pit back?
[01:15:16.080 --> 01:15:17.520] Well, yeah, sure do.
[01:15:17.520 --> 01:15:22.520] So we went and found where this kid that stole it parked it.
[01:15:22.520 --> 01:15:24.440] And I called the police and they never came.
[01:15:24.440 --> 01:15:26.760] So we, we went down there to get it.
[01:15:26.760 --> 01:15:27.760] And I called the police back.
[01:15:27.760 --> 01:15:31.760] I said, I don't know if this kid's going to survive the recovery of my property, but if
[01:15:31.760 --> 01:15:35.080] you guys want to be a witness to this, you might want to get down here.
[01:15:35.080 --> 01:15:37.840] Within 30 seconds, we were surrounded by police.
[01:15:37.840 --> 01:15:44.760] Now I told the police deputy, sheriff's deputy, I said, that boy stole that barbecue pit from
[01:15:44.760 --> 01:15:45.760] me.
[01:15:45.760 --> 01:15:46.760] She said, come over here and talk to me.
[01:15:46.760 --> 01:15:49.120] I said, are you sure that he stole it?
[01:15:49.120 --> 01:15:51.640] Or could this be just some kind of misunderstanding?
[01:15:51.640 --> 01:15:53.440] I said, no, no misunderstanding.
[01:15:53.440 --> 01:15:55.920] She says, well, hang on.
[01:15:55.920 --> 01:16:00.360] If there's been a misunderstanding, you can tie onto that property and you can leave here
[01:16:00.360 --> 01:16:01.560] with it right now.
[01:16:01.560 --> 01:16:05.760] But if you're absolutely sure he stole it, we'll have to impound it and you won't get
[01:16:05.760 --> 01:16:08.240] it back until after trial.
[01:16:08.240 --> 01:16:12.680] So since that, that kind of, that doesn't line up with, with what you're saying that
[01:16:12.680 --> 01:16:19.760] the guy was able to identify his property and recover it after a claim of theft.
[01:16:19.760 --> 01:16:23.040] Oh, I see where you're going.
[01:16:23.040 --> 01:16:24.520] Yeah.
[01:16:24.520 --> 01:16:25.520] What about that?
[01:16:25.520 --> 01:16:35.240] Well, I've got, I've got the arresting report on request and also I requested the dash cam
[01:16:35.240 --> 01:16:37.280] video and any body cam video.
[01:16:37.280 --> 01:16:39.840] Yeah, but no, no, that wasn't, that wasn't the question.
[01:16:39.840 --> 01:16:46.080] If you let the guy take the alleged stolen items back, they don't have any evidence.
[01:16:46.080 --> 01:16:47.080] Right.
[01:16:47.080 --> 01:16:48.080] Hang on.
[01:16:48.080 --> 01:16:55.680] Randy Kelton, Steve Skidmore, Wheelbar Radio, or call it number 512-646-1984, we'll be right
[01:16:55.680 --> 01:16:56.680] back.
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[01:19:54.840 --> 01:20:06.600] Okay, we are back.
[01:20:06.600 --> 01:20:10.800] Randy Kelton, Steve Skidmore, they're talking to Tee in Texas.
[01:20:10.800 --> 01:20:13.560] And that was an interesting point Steve made.
[01:20:13.560 --> 01:20:20.800] If they stopped him, so I'm looking at it from the technical statutory side, they get
[01:20:20.800 --> 01:20:26.480] a call that says somebody driving a vehicle looks like this with two guys and it looks
[01:20:26.480 --> 01:20:32.360] like these two guys stole some stuff out of my truck.
[01:20:32.360 --> 01:20:36.520] And they find the vehicle that looks like what is described and people look like what
[01:20:36.520 --> 01:20:39.360] is described.
[01:20:39.360 --> 01:20:42.740] Can they look in the vehicle without a warrant?
[01:20:42.740 --> 01:20:45.320] I don't think so.
[01:20:45.320 --> 01:20:48.600] Even if the guy says, I saw it.
[01:20:48.600 --> 01:20:51.280] It's only probable cause for a warrant.
[01:20:51.280 --> 01:20:59.320] Okay, so they just kind of bypass that part and they go inside and open it up and lo and
[01:20:59.320 --> 01:21:03.000] behold, there's the stuff they stole.
[01:21:03.000 --> 01:21:05.520] And they let the guy take his stuff back.
[01:21:05.520 --> 01:21:11.160] As far as I'm aware, I don't know if they can use photographic evidence in the trial
[01:21:11.160 --> 01:21:13.520] if they're going to call this guy as a witness.
[01:21:13.520 --> 01:21:15.000] I don't think so.
[01:21:15.000 --> 01:21:19.560] Nope, not in a criminal trial.
[01:21:19.560 --> 01:21:22.760] They got to have the evidence, the physical evidence.
[01:21:22.760 --> 01:21:23.760] It's like that.
[01:21:23.760 --> 01:21:24.760] Like that.
[01:21:24.760 --> 01:21:29.200] Sheriff's deputy told me, she said, if you think this might be some kind of mistake.
[01:21:29.200 --> 01:21:34.080] Now she gave me, she gave me her business card, said, if you need anything, give me
[01:21:34.080 --> 01:21:37.400] a call kind of winked at me.
[01:21:37.400 --> 01:21:42.720] She wanted, she wanted me to say that, no, there could, this could possibly be some type
[01:21:42.720 --> 01:21:47.000] of mistake so I could leave with the property.
[01:21:47.000 --> 01:21:52.240] As soon as I got down the road, I called her, I called the number on the card and I said,
[01:21:52.240 --> 01:21:53.800] did you want to speak to me for some reason?
[01:21:53.800 --> 01:21:55.280] She said, well, I'm glad you called.
[01:21:55.280 --> 01:21:58.360] I said, okay, is it too late to file charges?
[01:21:58.360 --> 01:22:04.480] She said, no, sir, it's not so you see what I'm leading up to.
[01:22:04.480 --> 01:22:10.640] You still, you, you've got to tell them that there could be a mistake, but I know that's
[01:22:10.640 --> 01:22:11.640] mine.
[01:22:11.640 --> 01:22:12.640] Okay.
[01:22:12.640 --> 01:22:13.640] It's yours.
[01:22:13.640 --> 01:22:15.680] You've given the evidence away.
[01:22:15.680 --> 01:22:17.680] Hold on.
[01:22:17.680 --> 01:22:18.680] Wait a minute.
[01:22:18.680 --> 01:22:20.120] Wait a minute.
[01:22:20.120 --> 01:22:27.400] Did these guys admit they did it?
[01:22:27.400 --> 01:22:28.400] I don't know.
[01:22:28.400 --> 01:22:35.040] I don't, I don't think my son admitted anything and he, he, he said his friend may have taken
[01:22:35.040 --> 01:22:39.680] something, but he did or he hadn't, he claimed he had no knowledge of it and he said the
[01:22:39.680 --> 01:22:41.520] gun was not his, it was his friend.
[01:22:41.520 --> 01:22:46.200] So I don't know what's, I don't know who's telling the truth.
[01:22:46.200 --> 01:22:47.200] Okay.
[01:22:47.200 --> 01:22:51.120] If it's his vehicle, the gun's going to be pointed at him unless they can prove the other
[01:22:51.120 --> 01:22:52.880] guy owned it.
[01:22:52.880 --> 01:22:53.880] Right.
[01:22:53.880 --> 01:22:54.880] Yeah.
[01:22:54.880 --> 01:22:59.800] Your son is in the worst position because it's his vehicle.
[01:22:59.800 --> 01:23:08.600] Now if these were items that ordinary people could have anyway, they are absolutely going
[01:23:08.600 --> 01:23:19.320] to have to have the evidence so that they can look at model numbers, serial numbers.
[01:23:19.320 --> 01:23:24.880] This guy's going to have to have some way to prove that that was his to start with.
[01:23:24.880 --> 01:23:34.200] If this is a truck stop and somebody calls up and says, somebody stole some reflectors
[01:23:34.200 --> 01:23:36.200] out of my truck.
[01:23:36.200 --> 01:23:40.680] You see those reflectors they put out on highway, the real common thing for guys to steal cause
[01:23:40.680 --> 01:23:45.920] one truck, he'll put out his reflectors and he need to back up over them and smash them
[01:23:45.920 --> 01:23:46.920] all to pieces.
[01:23:46.920 --> 01:23:50.880] He'll put them back in the box and then steal somebody else's or switch out the boxes.
[01:23:50.880 --> 01:23:53.480] They're always complaining about that.
[01:23:53.480 --> 01:23:58.520] So I called the police and say, that scoundrel stole my reflectors.
[01:23:58.520 --> 01:24:05.840] They pull him over and search his truck and sure enough, he's got some of them with reflectors.
[01:24:05.840 --> 01:24:12.280] Well, duh, that don't mean he stole them just because he happens to have some.
[01:24:12.280 --> 01:24:21.480] Was this an item that a reasonable person of ordinary prudence would tend to construe
[01:24:21.480 --> 01:24:26.160] that this person could have had anyway?
[01:24:26.160 --> 01:24:31.520] Is it possible they stopped it somewhere and opened the trunk to get something and this
[01:24:31.520 --> 01:24:39.760] guy saw that stuff in his trunk and then called the police and told him he stole it and went
[01:24:39.760 --> 01:24:44.600] down there and got to take it back and the police let him give it away, let him steal
[01:24:44.600 --> 01:24:47.800] from the good guy.
[01:24:47.800 --> 01:24:52.000] I guess anything's possible, but I think this is like one in the morning.
[01:24:52.000 --> 01:24:53.600] It doesn't matter what it is.
[01:24:53.600 --> 01:24:57.400] The police have to be careful and this is why.
[01:24:57.400 --> 01:24:58.400] This is criminal.
[01:24:58.400 --> 01:25:00.360] This is not just some civil matter.
[01:25:00.360 --> 01:25:06.640] You're talking about a man's liberty, so you've got to do it all right.
[01:25:06.640 --> 01:25:11.960] The police have gotten incredibly sloppy, you know, the story Steve just told that was
[01:25:11.960 --> 01:25:20.920] very nicely done because the police officer is walking right down the code and trying
[01:25:20.920 --> 01:25:27.280] to help Steve stay out of a pickle he doesn't want to be in.
[01:25:27.280 --> 01:25:32.640] So that was nicely done, but it's walking down the code and here when they stop somebody
[01:25:32.640 --> 01:25:36.280] you're going to take somebody's liberty away from them.
[01:25:36.280 --> 01:25:46.080] You've got to make sure you got all your ducks in a row, but not having him here is we can't
[01:25:46.080 --> 01:25:47.840] get those questions answered.
[01:25:47.840 --> 01:25:53.040] So I'm going to stop speculating about the case and then let you ask the question that
[01:25:53.040 --> 01:25:55.240] you wanted to ask.
[01:25:55.240 --> 01:26:04.640] Well my question is if he's guilty I think he should do the time because on top of that
[01:26:04.640 --> 01:26:06.720] apparently he swallowed some pills.
[01:26:06.720 --> 01:26:10.680] This is just hearsay right now because they had to have an ambulance come and take him
[01:26:10.680 --> 01:26:11.680] to the hospital.
[01:26:11.680 --> 01:26:20.080] I don't know if they pumped his stomach or what, so he's not in the best, in the right
[01:26:20.080 --> 01:26:24.480] mind right now I guess, and so I think right now where he is is the best place for him
[01:26:24.480 --> 01:26:25.480] to be honestly.
[01:26:25.480 --> 01:26:32.120] I just want to make sure that they prosecute him properly, don't dogpile, you know just
[01:26:32.120 --> 01:26:39.520] put his charges on him and I'm wondering should I try to get myself assigned as like co-counsel
[01:26:39.520 --> 01:26:41.920] or something like assistant counsel even if I want to?
[01:26:41.920 --> 01:26:47.520] No, you can't be assigned co-counsel, you don't need to be.
[01:26:47.520 --> 01:26:50.080] You are the master, they are the servants.
[01:26:50.080 --> 01:26:59.400] And the best thing he can have is an irate parrot down there jumping up and down and
[01:26:59.400 --> 01:27:09.360] waving constitution and statute at him, it will make him more careful.
[01:27:09.360 --> 01:27:14.840] But I wouldn't, you know I'm reluctant to hammer guys too hard when they're doing the
[01:27:14.840 --> 01:27:15.840] right thing.
[01:27:15.840 --> 01:27:20.520] I agree with you and that's why I think he's where he should be but I just want to make
[01:27:20.520 --> 01:27:24.320] sure that they toe the line.
[01:27:24.320 --> 01:27:34.080] And if you, I have been suggesting a different way of going about these things and what I
[01:27:34.080 --> 01:27:42.680] have found over quite a bit of time of doing these things Stealthy Bushwhack works much
[01:27:42.680 --> 01:27:43.680] better.
[01:27:43.680 --> 01:27:44.680] Okay.
[01:27:44.680 --> 01:27:51.120] And it goes to what the Bible calls meekness.
[01:27:51.120 --> 01:27:55.600] The Bible says the meek shall inherit the earth, I knew what they were talking about.
[01:27:55.600 --> 01:28:08.040] They didn't mean the meek, the shy and timid and pacifist, that's not what meek means.
[01:28:08.040 --> 01:28:13.680] Meek means quiet strength.
[01:28:13.680 --> 01:28:21.040] I go in and I ask for what I want and some of the rules that have been developing to
[01:28:21.040 --> 01:28:24.360] help people understand how to do this.
[01:28:24.360 --> 01:28:35.160] If you want to get their attention and give them reason for pause then never ask them
[01:28:35.160 --> 01:28:41.720] to do anything that you actually want them to do.
[01:28:41.720 --> 01:28:48.200] Don't ask them to give you anything that you actually want them to give you.
[01:28:48.200 --> 01:28:56.920] The reason for that is you never ask them to do anything that the law does not specifically
[01:28:56.920 --> 01:29:05.240] require them to do and it's best to ask them to do something in the verbiage of the statute
[01:29:05.240 --> 01:29:08.200] that requires them to do it.
[01:29:08.200 --> 01:29:15.680] That tells them if this guy is getting ready to thump you if you don't do this because
[01:29:15.680 --> 01:29:19.400] he knows the code.
[01:29:19.400 --> 01:29:23.920] That is the most powerful thing you can do, that is the thing that they will say this
[01:29:23.920 --> 01:29:25.560] guy is setting us up.
[01:29:25.560 --> 01:29:32.240] You guys better be careful, watch your P's and Q's, we got a ringer over here trying
[01:29:32.240 --> 01:29:37.160] to sneak up on us and kick us in the pants when we ain't working.
[01:29:37.160 --> 01:29:44.920] Hang on, this is Randy Kelton, Steve Skidmore, We Love La Radio, I call in number 512-646-1984,
[01:29:44.920 --> 01:29:52.000] T we'll pick you up on the other side, Amix, Terrence, Mike, I see you there, we'll get
[01:29:52.000 --> 01:30:01.400] to all of you, we'll be right back.
[01:30:01.400 --> 01:30:06.960] The forests of Transylvania, the old hunting grounds of Dracula himself are under threat
[01:30:06.960 --> 01:30:11.280] but now a blue-blooded descendant of Count Dracula is stepping up to save them.
[01:30:11.280 --> 01:30:16.320] I'm Dr. Catherine Albrecht and I'll tell you who it is in a moment.
[01:30:16.320 --> 01:30:17.920] Privacy is under attack.
[01:30:17.920 --> 01:30:22.320] When you give up data about yourself you'll never get it back again and once your privacy
[01:30:22.320 --> 01:30:26.280] is gone you'll find your freedoms will start to vanish too.
[01:30:26.280 --> 01:30:31.880] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.880 --> 01:30:34.040] Privacy it's worth hanging on to.
[01:30:34.040 --> 01:30:38.340] This public service announcement is brought to you by Startpage.com, the private search
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[01:30:44.720 --> 01:30:48.200] I want to cut your trees.
[01:30:48.200 --> 01:30:51.780] Transylvania where the real Count Dracula once lived is home to two-thirds of Europe's
[01:30:51.780 --> 01:30:57.020] last virgin forests but now that Romania has joined the EU they're under threat from loggers
[01:30:57.020 --> 01:30:58.020] and developers.
[01:30:58.020 --> 01:31:04.240] Now a relative of Dracula also known as Prince Vlad the Impaler wants to save this wilderness.
[01:31:04.240 --> 01:31:06.040] As it happens he's a prince himself.
[01:31:06.040 --> 01:31:07.360] Need a clue?
[01:31:07.360 --> 01:31:10.960] He lives in England where nearly all of their forests are gone.
[01:31:10.960 --> 01:31:12.840] Yes it's Prince Charles.
[01:31:12.840 --> 01:31:17.120] He's directly descended from Dracula through his great-grandmother Queen Mary.
[01:31:17.120 --> 01:31:19.760] Prince Charles related by blood to Dracula?
[01:31:19.760 --> 01:31:20.760] Muahaha.
[01:31:20.760 --> 01:31:22.760] I'm Dr. Catherine Albrecht.
[01:31:22.760 --> 01:31:31.040] More news and information at CatherineAlbrecht.com.
[01:31:31.040 --> 01:31:32.040] I lost my son.
[01:31:32.040 --> 01:31:33.040] My nephew.
[01:31:33.040 --> 01:31:34.040] My uncle.
[01:31:34.040 --> 01:31:35.040] My son.
[01:31:35.040 --> 01:31:36.040] On September 11th, 2001.
[01:31:36.040 --> 01:31:39.360] Most people don't know that a third tower fell on September 11th.
[01:31:39.360 --> 01:31:43.440] World Trade Center 7, a 47-story skyscraper was not hit by a plane.
[01:31:43.440 --> 01:31:49.320] Although the official explanation is that fire brought down Building 7, over 1,200 architects
[01:31:49.320 --> 01:31:53.000] and engineers have looked into the evidence and believe there is more to the story.
[01:31:53.000 --> 01:31:54.560] Bring justice to my son.
[01:31:54.560 --> 01:31:55.560] My uncle.
[01:31:55.560 --> 01:31:56.560] My nephew.
[01:31:56.560 --> 01:31:57.560] My son.
[01:31:57.560 --> 01:31:58.560] Go to buildingwhat.org.
[01:31:58.560 --> 01:32:01.880] Why it fell, why it matters, and what you can do.
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[01:33:03.840 --> 01:33:04.840] Looking for some truth?
[01:33:04.840 --> 01:33:05.840] You found it.
[01:33:05.840 --> 01:33:06.840] Logosradionetwork.com.
[01:33:06.840 --> 01:33:33.840] This is a production of the U.S. Department of Health and Human Services.
[01:33:33.840 --> 01:33:51.880] Okay, I have been careful today.
[01:33:51.880 --> 01:33:59.360] Last week I kind of screwed up and always when it's time to come in, we get this audible
[01:33:59.360 --> 01:34:05.360] beep to tell us when we're live on the air, and when we're about to go on the air, I
[01:34:05.360 --> 01:34:14.280] tell our producer to beep us, Bubba, but sometimes I say, beep us, butt head, and last week I
[01:34:14.280 --> 01:34:17.480] was already on the air when I told him that, so it kind of got out.
[01:34:17.480 --> 01:34:18.480] Yes, you were.
[01:34:18.480 --> 01:34:23.120] I just want everybody to know this week I'm not going to accidentally say, beep us, butt
[01:34:23.120 --> 01:34:24.120] head on the air.
[01:34:24.120 --> 01:34:26.400] You're going to do it on purpose.
[01:34:26.400 --> 01:34:32.400] Our producer will be glad to know that I'm not calling him beep us or butt head on the
[01:34:32.400 --> 01:34:33.400] air.
[01:34:33.400 --> 01:34:34.400] Okay.
[01:34:34.400 --> 01:34:40.640] We're having too much fun on the breaks.
[01:34:40.640 --> 01:34:44.640] We're back to tea in Texas.
[01:34:44.640 --> 01:34:49.400] So apparently this has just occurred.
[01:34:49.400 --> 01:34:50.400] Is that the case?
[01:34:50.400 --> 01:34:53.600] It has occurred within the last week.
[01:34:53.600 --> 01:34:55.240] Oh, okay.
[01:34:55.240 --> 01:34:57.840] So understand what they're going to do.
[01:34:57.840 --> 01:35:01.080] They'll stack everything they can.
[01:35:01.080 --> 01:35:05.080] They don't have much evidence.
[01:35:05.080 --> 01:35:09.120] So they're going to try to deal him down.
[01:35:09.120 --> 01:35:14.640] Get him to drop one just to take a deal on the other, and from what you said, it might
[01:35:14.640 --> 01:35:15.720] not be a bad idea.
[01:35:15.720 --> 01:35:16.720] How old is he?
[01:35:16.720 --> 01:35:17.720] 20.
[01:35:17.720 --> 01:35:20.720] About to turn 21.
[01:35:20.720 --> 01:35:27.200] Okay, well, you understand that puberty causes brain damage.
[01:35:27.200 --> 01:35:30.160] Oh yeah.
[01:35:30.160 --> 01:35:34.800] Girls tend to get over it about 24, 25.
[01:35:34.800 --> 01:35:49.720] Boys never do, but he is reaching an age where his personality is kind of getting fixed.
[01:35:49.720 --> 01:35:52.160] Any chance you could get him in the military?
[01:35:52.160 --> 01:35:56.000] No, not with a state jail felony.
[01:35:56.000 --> 01:36:02.520] No, a state jail felony is not like a real felony.
[01:36:02.520 --> 01:36:05.920] They're having trouble getting people in now.
[01:36:05.920 --> 01:36:08.960] You might go talk to a recruiter.
[01:36:08.960 --> 01:36:09.960] Okay.
[01:36:09.960 --> 01:36:11.960] That's a good idea.
[01:36:11.960 --> 01:36:19.640] Yeah, and then go to the prosecutor and tell him that, you know, the kid's not dangerous.
[01:36:19.640 --> 01:36:28.160] He's just in this transition phase and he's got around the wrong people.
[01:36:28.160 --> 01:36:31.280] Do you think you could help me get him in the military?
[01:36:31.280 --> 01:36:37.400] And if we could get him in the military, would you be willing to drop this and get the prosecutor
[01:36:37.400 --> 01:36:41.680] to go to him and say, you joined the military or else?
[01:36:41.680 --> 01:36:42.680] No.
[01:36:42.680 --> 01:36:51.680] Now, normally, you know, I'm a Vietnam veteran and I don't have any love for the military.
[01:36:51.680 --> 01:36:59.760] I think if their lips are moving, they're lying, however, this is different.
[01:36:59.760 --> 01:37:09.240] They are very good at taking an individual, especially an individual that has no self-esteem
[01:37:09.240 --> 01:37:22.400] and stripping down his character and rebuilding it and giving him self-esteem and self-respect.
[01:37:22.400 --> 01:37:30.680] As much as I don't like the military, this would probably be very good for him and it's
[01:37:30.680 --> 01:37:34.600] a good time.
[01:37:34.600 --> 01:37:41.040] If they could take him and give him some personal self-esteem, he may come out of this.
[01:37:41.040 --> 01:37:44.640] He's right at the age to where his personality is going to change and set.
[01:37:44.640 --> 01:37:50.880] Now that you mention that, I know somebody that's highly placed in the army that could
[01:37:50.880 --> 01:37:58.080] possibly offer some help or a solution and maybe put some weight behind his enlistment.
[01:37:58.080 --> 01:38:00.360] Pull some strings?
[01:38:00.360 --> 01:38:02.080] Yeah, exactly.
[01:38:02.080 --> 01:38:03.080] Yeah.
[01:38:03.080 --> 01:38:09.920] You know, if it was a girl, it'd be different, but he's a guy and guys are, you know, at
[01:38:09.920 --> 01:38:17.880] that age, they're filled with testosterone, they feel invincible and invisible.
[01:38:17.880 --> 01:38:22.080] I know when I got shot off a jeep in Vietnam, I stood there looking at them.
[01:38:22.080 --> 01:38:29.520] You can see those projectiles coming right at me, but I was invincible.
[01:38:29.520 --> 01:38:37.680] As much as I hated the military, it was very good for my character.
[01:38:37.680 --> 01:38:44.120] I came back feeling as though I was a man among men, something I didn't feel when I
[01:38:44.120 --> 01:38:46.520] went in.
[01:38:46.520 --> 01:38:51.760] I came back with a respect for myself that I didn't have when I went in and that sounds
[01:38:51.760 --> 01:38:55.480] like what he needs.
[01:38:55.480 --> 01:38:57.240] This is an old grandpa talking.
[01:38:57.240 --> 01:38:58.240] Okay.
[01:38:58.240 --> 01:39:03.720] Yeah, well, you know, I agree with you that maybe the army is going to be his best bet
[01:39:03.720 --> 01:39:05.760] and maybe his last hope.
[01:39:05.760 --> 01:39:11.120] Yeah, you know, it is, time is running out to get this taken care of.
[01:39:11.120 --> 01:39:16.480] Yeah, and I do worry about what's going to happen to him if he goes to the penitentiary
[01:39:16.480 --> 01:39:20.000] that's going to, you know, it's going to make a bad situation worse.
[01:39:20.000 --> 01:39:21.000] Absolutely.
[01:39:21.000 --> 01:39:23.640] They'll teach him how to be a lifetime criminal.
[01:39:23.640 --> 01:39:24.640] Yeah.
[01:39:24.640 --> 01:39:32.240] They'll do everything they can to strip down any personality he may try to develop.
[01:39:32.240 --> 01:39:33.240] Okay.
[01:39:33.240 --> 01:39:34.240] Okay.
[01:39:34.240 --> 01:39:35.240] That's my suggestion.
[01:39:35.240 --> 01:39:36.240] Okay.
[01:39:36.240 --> 01:39:39.240] My two cents worth, you might say.
[01:39:39.240 --> 01:39:45.520] I'm going to send you the information that I get from the, from his open records request
[01:39:45.520 --> 01:39:51.240] and maybe you can tell me some questions that I can ask that'll keep them on their toes.
[01:39:51.240 --> 01:39:52.240] Okay.
[01:39:52.240 --> 01:39:54.920] And let me make one suggestion beforehand.
[01:39:54.920 --> 01:39:55.920] Okay.
[01:39:55.920 --> 01:40:07.120] Go down, go down and have a heartfelt discussion with the prosecutor as his father.
[01:40:07.120 --> 01:40:13.400] As much as we pick on the police and prosecutors, I live in Wise County and I just went to the
[01:40:13.400 --> 01:40:21.120] prosecutor in Wise County, the district attorney, and I wanted him to set up a law firm for
[01:40:21.120 --> 01:40:23.200] something that had nothing to do with criminal.
[01:40:23.200 --> 01:40:27.560] But he said, since he's a district attorney, he couldn't do it.
[01:40:27.560 --> 01:40:31.720] And he asked me, why did you come to me with this?
[01:40:31.720 --> 01:40:34.080] And I said, great.
[01:40:34.080 --> 01:40:42.360] As much as I pick on prosecutors, you may be the only lawyer I know that I would trust
[01:40:42.360 --> 01:40:45.760] not to try to screw me.
[01:40:45.760 --> 01:40:54.560] And to show how honest he was, he said, you obviously don't know me very well, do you?
[01:40:54.560 --> 01:41:03.480] But he really is a good guy and he really struggles over what he has to deal with and
[01:41:03.480 --> 01:41:07.680] he can't be the only one.
[01:41:07.680 --> 01:41:11.840] We have some good people out there trying to do the right things for the right reason.
[01:41:11.840 --> 01:41:19.000] You know, on this show, we pick on them a whole lot, but they can be very valuable.
[01:41:19.000 --> 01:41:25.960] I don't know a single police officer who became a police officer with the idea that he was
[01:41:25.960 --> 01:41:30.640] going to become a jackbooted thug.
[01:41:30.640 --> 01:41:35.960] I know a number of police officers and all of them want to be the good guys.
[01:41:35.960 --> 01:41:43.800] And all of them are frustrated that they got trapped inside a system they did not create.
[01:41:43.800 --> 01:41:50.000] And the few times I have given police officers the opportunities to do the right thing, for
[01:41:50.000 --> 01:41:51.760] the most part they have.
[01:41:51.760 --> 01:41:57.160] A chief of police in the town I live in called me one day.
[01:41:57.160 --> 01:42:05.880] He had stopped my son and two other boys, they were 13, driving around in a car in the
[01:42:05.880 --> 01:42:11.840] Gramer school parking lot and they had two beers in the car.
[01:42:11.840 --> 01:42:19.720] And he was at the city council meeting when I made the sheriff and a city council member
[01:42:19.720 --> 01:42:21.760] stand trial.
[01:42:21.760 --> 01:42:23.640] We had half the town.
[01:42:23.640 --> 01:42:26.360] The room was so full you couldn't get more people in it.
[01:42:26.360 --> 01:42:28.160] It was a circus.
[01:42:28.160 --> 01:42:32.880] And he had to grab one of the city council members' husbands and he'd hold him by the
[01:42:32.880 --> 01:42:36.880] throat to keep him off of me.
[01:42:36.880 --> 01:42:42.960] So he's kind of leery of me anyway and he called me and he said he called me because
[01:42:42.960 --> 01:42:46.480] he couldn't get any other parent.
[01:42:46.480 --> 01:42:52.880] Now he had these kids dead banged for DUI.
[01:42:52.880 --> 01:42:58.680] But instead of charging these kids with DUI, he called all the parents and he called me
[01:42:58.680 --> 01:43:03.280] last and I know he was reluctant to call me.
[01:43:03.280 --> 01:43:07.040] And when I got down there, I went to the car and looked in the car and they started giving
[01:43:07.040 --> 01:43:08.920] me all their excuses.
[01:43:08.920 --> 01:43:17.600] I told them, just shut up, sit there, don't say anything, I'll be back.
[01:43:17.600 --> 01:43:19.720] So I'm the parent.
[01:43:19.720 --> 01:43:20.720] This is all teaching.
[01:43:20.720 --> 01:43:26.840] So I go over to the police officer, I got a problem and he gets real stiff.
[01:43:26.840 --> 01:43:29.360] What's that Mr. Kelton?
[01:43:29.360 --> 01:43:32.240] This is not lasting long enough.
[01:43:32.240 --> 01:43:38.400] And he kind of relaxed and I asked him, can you make these kids go pick up cigarette butts
[01:43:38.400 --> 01:43:42.960] at the school or something so that they'll be teased and embarrassed in front of everybody
[01:43:42.960 --> 01:43:43.960] else?
[01:43:43.960 --> 01:43:47.160] Something to make sure they don't do this again.
[01:43:47.160 --> 01:43:49.640] And he was all for this, he just couldn't do it.
[01:43:49.640 --> 01:43:53.720] I'll kind of finish this up when we come back and we'll move on.
[01:43:53.720 --> 01:44:02.800] But my point is, let's give these guys an opportunity to help, we'll be right back.
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[01:44:53.240 --> 01:45:04.600] Are you the plaintiff or defendant in a lawsuit?
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[01:45:52.520 --> 01:46:01.040] Please visit ruleoflawradio.com and click on the banner or call toll free 866 LAWEZ.
[01:46:01.040 --> 01:46:18.160] Thank you.
[01:46:18.160 --> 01:46:40.920] As we sow, so shall we reap The words of nutrition from so many groups
[01:46:40.920 --> 01:46:55.160] The words get put on, oh, while we eat Try as we will, just take small steps, try and eat
[01:46:55.160 --> 01:47:02.920] Luke Kaye, we are back, Brandon Kelton, Steve Skidmore with our radio, we're talking to Tee in Texas
[01:47:02.920 --> 01:47:06.680] Tee, do you have anything else for us?
[01:47:06.680 --> 01:47:20.080] No, you pretty much hit the nail on the head, I was looking for some glimmer of hope or some alternative to what we were looking at so far and you've offered that, I really appreciate that and I'll let you get on to your next caller
[01:47:20.080 --> 01:47:31.120] Okay, I hope it's of value. Okay, thank you Tee, now we're going to go to Mike in Texas, hello Mike
[01:47:31.120 --> 01:47:39.120] Hmm, let's see, I missed that, try that. Hey Randy, how's it going? There you go, can you hear me? It's going good, going good, okay
[01:47:39.120 --> 01:47:50.120] Tell us about this judge, what was the judge's name who couldn't see your documents?
[01:47:50.120 --> 01:47:54.120] Amy Clark Meacham, the 201st
[01:47:54.120 --> 01:47:57.120] Amy Clark?
[01:47:57.120 --> 01:48:07.120] Clark Meacham
[01:48:07.120 --> 01:48:09.120] 201st
[01:48:09.120 --> 01:48:11.120] That's correct
[01:48:11.120 --> 01:48:22.120] Okay, we want to make her really famous, I need to call her and tell her that we're going to talk real bad about her on the radio
[01:48:22.120 --> 01:48:35.120] We're going to play a recording of her being really really naughty on the radio and we can't really do that unless we offer her equal time
[01:48:35.120 --> 01:48:42.120] So we want to come down with the camera crew and do a 10 minute YouTube interview
[01:48:42.120 --> 01:48:46.120] We want to make you famous
[01:48:46.120 --> 01:48:48.120] That'll be fun
[01:48:48.120 --> 01:48:56.120] Okay, tell us what went on in that hearing, for me that was the most outrageous as I've ever heard
[01:48:56.120 --> 01:49:06.120] Oh man, bring an eye chart also, ask her if she can see this
[01:49:06.120 --> 01:49:11.120] Oh that's good
[01:49:11.120 --> 01:49:13.120] Can you see this?
[01:49:13.120 --> 01:49:21.120] I'll bring, hold up my press pass, can you see this, is this too small?
[01:49:21.120 --> 01:49:36.120] So the hearing started out, the only thing that I received any sort of solace from was the county attorneys mumbled to themselves, we're in a lot of trouble
[01:49:36.120 --> 01:49:45.120] And so I had my table, you couldn't even see the countertop, it was about a quarter inch of paper and covered the entire table
[01:49:45.120 --> 01:49:52.120] They're a fairly big table, about four by eight foot, laid out with documents
[01:49:52.120 --> 01:50:01.120] And they were all the attempts, the purpose of this hearing was just to get the video evidence of my arrest
[01:50:01.120 --> 01:50:09.120] Not of the actual arrest, but the booking behind it, which the county has been trying desperately to keep from giving to me
[01:50:09.120 --> 01:50:22.120] They have denied me multiple open records requests, rulings from the attorney general, subpoenaed these two comes, several dozen of those
[01:50:22.120 --> 01:50:37.120] Two, one, county discovery and an order, and when I filed a discovery in federal court, the next day the federal court immediately dismissed charges
[01:50:37.120 --> 01:50:44.120] Or dismissed the case, because I put a motion for adjournment, they could see where it was going, they just dismiss it right away
[01:50:44.120 --> 01:50:54.120] And so under 552, my last recourse is I can sue in district court for a mandamus
[01:50:54.120 --> 01:51:02.120] And so that's what I'm there for, is for the judge to produce an order, to order the sheriff to produce the video, that's it
[01:51:02.120 --> 01:51:08.120] And there's some other stuff too I'd like, I'll take anything I can, but the main thing I want is the video
[01:51:08.120 --> 01:51:14.120] I would like the audio too, but they refuse to produce it for obvious reasons
[01:51:14.120 --> 01:51:22.120] So the first thing I did was the county attorney announced that he's here representing the sheriff, and I said I object
[01:51:22.120 --> 01:51:32.120] There's no notice of representation in the docket, and therefore Steve's sheriff's department stands unrepresented
[01:51:32.120 --> 01:51:40.120] And the judge said, well, you know, I just, I think the county does represent the sheriff, so I'm going to say that they do represent
[01:51:40.120 --> 01:51:44.120] Even though there's no notice of representational
[01:51:44.120 --> 01:51:47.120] And then I said, well, your honor, I object
[01:51:47.120 --> 01:51:56.120] They had recharacterized the case number, they added a dash in there, and under maximum law something similar is not the same
[01:51:56.120 --> 01:52:03.120] And so I went to case law at Castro V. U. S. so that you cannot recharacterize the claim
[01:52:03.120 --> 01:52:13.120] And they, that actually touches on something which, a topic which I think you would really enjoy discussing further
[01:52:13.120 --> 01:52:19.120] There's actually supposed to be a case in Indiana where a woman received the judge's file
[01:52:19.120 --> 01:52:24.120] And so what they had been doing in Indiana is they would take the cause number, put a comma
[01:52:24.120 --> 01:52:31.120] And then they would add all these financial instrument numbers after that
[01:52:31.120 --> 01:52:39.120] And so her, you know, like her three-year-old, six-year-old son or something like that as multiple counts of DWI
[01:52:39.120 --> 01:52:45.120] Just like about 100 different criminal charges that they were floating into the market
[01:52:45.120 --> 01:52:53.120] So, I mean, it's not a vague arbitrary comment to say that adding a dash is a different cause number
[01:52:53.120 --> 01:52:57.120] Something similar is not the same, and it's even spelled out in case law
[01:52:57.120 --> 01:53:01.120] And then she says, well, I object, now I'm going to say it's the same thing, okay
[01:53:01.120 --> 01:53:06.120] And I said, well, you know, I noticed this, you know, I observe the sheriff is not here
[01:53:06.120 --> 01:53:10.120] Is anyone here by the name of Greg Hamilton here? No, okay
[01:53:10.120 --> 01:53:17.120] And so I've subpoenaed Greg Hamilton through the constable
[01:53:17.120 --> 01:53:23.120] I have delivered, I've had restricted delivery mails mailed to him subpoenaing him here
[01:53:23.120 --> 01:53:28.120] And also I have hand-delivered, now under the new rules of Supreme Court rules
[01:53:28.120 --> 01:53:35.120] I'm allowed to hand-serve in a civil case, and he is not here
[01:53:35.120 --> 01:53:40.120] And I've subpoenaed him to bring all records and his care custody control from my date of birth
[01:53:40.120 --> 01:53:44.120] to present date of this hearing to this hearing
[01:53:44.120 --> 01:53:49.120] And he's not even here, and the records that I'm requesting aren't here
[01:53:49.120 --> 01:53:52.120] And so I moved that he's in contempt of court
[01:53:52.120 --> 01:53:55.120] And I had a motion for contempt of court, which the judge wouldn't take
[01:53:55.120 --> 01:53:58.120] Affidavit of contempt of court, which she wouldn't take
[01:53:58.120 --> 01:54:04.120] And an order for contempt of court, she wouldn't take any of that
[01:54:04.120 --> 01:54:07.120] And she just declared that he was not properly served
[01:54:07.120 --> 01:54:13.120] Well, Your Honor, you know, is there not, you know, a citation in the record that he was to be served?
[01:54:13.120 --> 01:54:15.120] Yes, I see it, but I don't see it
[01:54:15.120 --> 01:54:21.120] Okay, so pretty much the hearing went down from there
[01:54:21.120 --> 01:54:33.120] And she just, at the end of it, I asked that I receive a copy of the audio recording
[01:54:33.120 --> 01:54:36.120] And she said, well, you know, you can pay for it
[01:54:36.120 --> 01:54:40.120] And I said, Well, Your Honor, I've been declared indigent by the states
[01:54:40.120 --> 01:54:43.120] And you can see the paperwork in there. That's how I filed for this hearing
[01:54:43.120 --> 01:54:45.120] I haven't paid any money towards it
[01:54:45.120 --> 01:54:49.120] I've had these citations served with no cost
[01:54:49.120 --> 01:54:54.120] And that's because, well, you know, I see the paperwork here, but I don't see it
[01:54:54.120 --> 01:54:56.120] Well, Your Honor, I have the paperwork right here
[01:54:56.120 --> 01:54:57.120] I'd be happy to provide it to you
[01:54:57.120 --> 01:54:58.120] No, I won't take it
[01:54:58.120 --> 01:55:04.120] Okay, and so that was the end of the rule, end of the hearings
[01:55:04.120 --> 01:55:07.120] She declared me not indigent without any evidence
[01:55:07.120 --> 01:55:14.120] Without any indigent hearings in spite of the fact that I'm there based on the paperwork that I'm indigent
[01:55:14.120 --> 01:55:18.120] And that's how I was able to even get the court hearings
[01:55:18.120 --> 01:55:24.120] And so she was attempting to deny me access to the court by denying me the court record
[01:55:24.120 --> 01:55:29.120] Which really she's trying to conceal her own criminal actions
[01:55:29.120 --> 01:55:33.120] But she didn't know that I was wearing an audio recorder at the time
[01:55:33.120 --> 01:55:40.120] Wonderful. We have a producer for this show
[01:55:40.120 --> 01:55:51.120] And he is very good at getting lots of traffic on YouTube videos and audios
[01:55:51.120 --> 01:55:59.120] So we need to get, have you finished mastering that audio?
[01:55:59.120 --> 01:56:06.120] No, not yet. I haven't, by mastering you mean reducing the scratch noise
[01:56:06.120 --> 01:56:08.120] I was, I'm fortunate
[01:56:08.120 --> 01:56:13.120] Yeah, reducing it. First thing you do is, do you have audacity too?
[01:56:13.120 --> 01:56:19.120] I do, but I don't have, it won't let me save it as anything but a WAV file
[01:56:19.120 --> 01:56:24.120] Oh, no, no, you don't save it, you export it
[01:56:24.120 --> 01:56:28.120] It won't let me export it to anything but a WAV file
[01:56:28.120 --> 01:56:32.120] A WAV file is good, everything works in a WAV file, that's a great one
[01:56:32.120 --> 01:56:33.120] That's fine
[01:56:33.120 --> 01:56:37.120] But look at it first and when you
[01:56:37.120 --> 01:56:40.120] I need a flash drive, that's not a problem
[01:56:40.120 --> 01:56:51.120] When you look at the audio on the graph, you can see the spaces between people talking
[01:56:51.120 --> 01:56:54.120] You can see when someone takes a breath
[01:56:54.120 --> 01:56:59.120] And when you master, you tend to take those out where they're, you know, where I'm talking
[01:56:59.120 --> 01:57:04.120] And then you can hear that slightly on the recording
[01:57:04.120 --> 01:57:08.120] But you can really see it when you bring it up in audacity too
[01:57:08.120 --> 01:57:10.120] And you just cut those things out
[01:57:10.120 --> 01:57:14.120] And then when you have a long space where there's no talking
[01:57:14.120 --> 01:57:18.120] You can cut that out and shrink the audio down
[01:57:18.120 --> 01:57:21.120] And once you have all of that done
[01:57:21.120 --> 01:57:25.120] Then save it and then you go in and mess with taking out the hiss
[01:57:25.120 --> 01:57:29.120] It's not, the biggest thing is cutting out the empty places
[01:57:29.120 --> 01:57:31.120] Okay
[01:57:31.120 --> 01:57:34.120] And enhancing it is not that big a deal
[01:57:34.120 --> 01:57:41.120] But cutting out all those empty spaces where the lawyer is digging through his files and stuff
[01:57:41.120 --> 01:57:44.120] And nothing's going on, you just kind of run down
[01:57:44.120 --> 01:57:49.120] You put a mark in it and then you run it down until somebody starts talking
[01:57:49.120 --> 01:57:52.120] You stop it and you back up and cut that section out
[01:57:52.120 --> 01:57:55.120] It'll shrink the tape down tremendously
[01:57:55.120 --> 01:58:00.120] And we can play it on the air where we don't have long blank spaces
[01:58:00.120 --> 01:58:05.120] And as a YouTube video, audio, that would do wonderful
[01:58:05.120 --> 01:58:07.120] This is our court in action
[01:58:07.120 --> 01:58:10.120] These judges want to pull this nonsense
[01:58:10.120 --> 01:58:14.120] Let's see if we can make them famous for nonsense
[01:58:16.120 --> 01:58:18.120] My fire with fire
[01:58:18.120 --> 01:58:20.120] Hang on Mike, we're about to go to break
[01:58:20.120 --> 01:58:22.120] This is Randy Kelton
[01:58:22.120 --> 01:58:24.120] Steve Skidmore, Rule of Law Radio
[01:58:24.120 --> 01:58:26.120] We're going to our top of the hour break
[01:58:26.120 --> 01:58:29.120] So it'll be two or three minutes
[01:58:29.120 --> 01:58:31.120] So we will get to everyone
[01:58:31.120 --> 01:58:33.120] AMEX, you're next
[01:58:33.120 --> 01:58:35.120] And then I've got a couple unscreened here
[01:58:35.120 --> 01:58:38.120] And then Terrence and Tennessee
[01:58:38.120 --> 01:58:40.120] So hang on, we'll get to everybody
[01:58:40.120 --> 01:58:44.120] I'll call you number 512-646-1984
[01:58:44.120 --> 01:58:48.120] We'll be right back
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