ROL_2015-02-26_16k.timecode

[00:00.000 --> 00:07.840]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.840 --> 00:08.840]  at thelibertybeat.com.
[00:08.840 --> 00:14.400]  I'm Brian Hagan with your Liberty Beat for Thursday, February 26, 2015.
[00:14.400 --> 00:17.680]  Gold opened today at $1,208, up $3.
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[01:01.320 --> 01:06.160]  In the news, Tuesday evening, President Obama vetoed a bill which would have approved final
[01:06.160 --> 01:08.580]  construction of the Keystone XL pipeline.
[01:08.580 --> 01:12.800]  The White House released a statement explaining President Obama's position on the matter.
[01:12.800 --> 01:16.920]  The president believed the bill was in conflict with established executive branch procedures.
[01:16.920 --> 01:21.800]  Obama said there were security, safety, and environmental issues related to the bill that
[01:21.800 --> 01:26.280]  prevented him from signing it.
[01:26.280 --> 01:32.600]  On Thursday, the FCC will vote on the so-called net neutrality rules that have not been seen
[01:32.600 --> 01:33.600]  by the public.
[01:33.600 --> 01:38.360]  The FCC is expected to pass new rules on net neutrality with a vote of three to two.
[01:38.360 --> 01:42.240]  Net neutrality is aimed at providing a balanced equal treatment to all internet content.
[01:42.240 --> 01:46.320]  Critics say the new rules and suggestions to treat the internet like a public utility
[01:46.320 --> 01:51.680]  will lead to over regulation of the internet.
[01:51.680 --> 01:55.740]  In honor of the launch of the new and improved SovereignLiving.com, each day this week the
[01:55.740 --> 02:00.360]  Liberty Beat is bringing you a simple survival tip that just might save your life.
[02:00.360 --> 02:02.540]  With today's tip, here's John Bush.
[02:02.540 --> 02:03.540]  Make a bug out bag.
[02:03.540 --> 02:08.060]  A bug out bag is a bag or backpack which contains the bare essentials that you would need should
[02:08.060 --> 02:10.500]  you have to bug out for whatever reason.
[02:10.500 --> 02:14.640]  Some people call this a 72-hour bag as it should contain enough supplies to keep you
[02:14.640 --> 02:17.040]  alive for 72 hours.
[02:17.040 --> 02:21.660]  Included in the bag should be first aid supplies, non-perishable foods and eating utensils,
[02:21.660 --> 02:26.840]  tools to start a fire kept in a waterproof bag, ammo for your firearm, a flashlight with
[02:26.840 --> 02:32.040]  spare batteries, spare clothing, cash and anything else you may need to stay alive and
[02:32.040 --> 02:34.360]  somewhat comfortable for three days.
[02:34.360 --> 02:38.320]  Keep the bag in a quickly accessible place in your home or keep it in your automobile.
[02:38.320 --> 02:43.640]  Support for Liberty Beat comes from Central Texas Gunworks, your online source for firearms,
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[02:53.080 --> 02:57.480]  This is the Liberty Beat for Thursday, February 26, 2015.
[02:57.480 --> 03:22.280]  Check out the website at thelibertybeat.com.
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[04:17.280 --> 04:26.280]  Stephen's Rule of Law Radio on this Thursday, the 26th day of February, 2015.
[04:26.280 --> 04:32.300]  And I'm in Austin today, one of my favorite places on earth.
[04:32.300 --> 04:35.760]  And I wanted to start out, we're going to have the phone lines open all night tonight,
[04:35.760 --> 04:40.920]  so I'll turn those on right away, we'll be taking questions on any subject.
[04:40.920 --> 04:44.960]  But I wanted to talk about loss mitigation.
[04:44.960 --> 04:51.760]  This is something having to do with foreclosure that we haven't talked about in quite a while.
[04:51.760 --> 04:59.680]  And while I'm talking about foreclosure issues, we'll be taking your questions and comments
[04:59.680 --> 05:06.160]  on any subject, we won't restrict it to just foreclosure, but I did want to start with
[05:06.160 --> 05:07.160]  loss mitigation.
[05:07.160 --> 05:11.480]  This is not something we've talked about much, as a matter of fact, it's not something I've
[05:11.480 --> 05:13.960]  looked into a whole lot.
[05:13.960 --> 05:25.280]  You know, we do a show on legal reform, and generally we in the legal reform arena think
[05:25.280 --> 05:33.480]  in terms of fighting the wrongs and evils of the world.
[05:33.480 --> 05:44.920]  And as I get older and have more experience, I'm learning to adjust my perception somewhat.
[05:44.920 --> 05:54.080]  Perhaps it's not always best to fight what we perceive to be injustice.
[05:54.080 --> 06:03.320]  Before we decide that something is wrong and conclude that we need to fight what we perceive
[06:03.320 --> 06:14.920]  to be wrong, it would behoove us to carefully examine the available remedies that do not
[06:14.920 --> 06:17.920]  include fighting.
[06:17.920 --> 06:23.720]  Because we've had a corpus juris that's been around for a long time, we've had people for
[06:23.720 --> 06:35.400]  generations addressing difficulties and problems and trying to do so in ways that do not necessarily
[06:35.400 --> 06:43.360]  involve fighting, but involve administrative and other types of remedies.
[06:43.360 --> 06:51.080]  So we want to kind of look at other remedies, and one of the other remedies is loss mitigation.
[06:51.080 --> 07:01.280]  We have laws put in place to assist us in that regard, and I had a page up on it, but
[07:01.280 --> 07:10.320]  I just dropped it, it's 12 CFR 1024.41.
[07:10.320 --> 07:24.480]  Uses to loss mitigation and requirements of the lender to provide certain remedies to
[07:24.480 --> 07:25.480]  a borrower.
[07:25.480 --> 07:35.800]  This is Regulation X, the Real Estate Settlement Procedures Act 12 CFR 1024.41.
[07:35.800 --> 07:44.560]  If a person files an application for loss mitigation that's essentially a request for
[07:44.560 --> 07:54.720]  a loan modification, then the lender has a number of requirements.
[07:54.720 --> 07:59.880]  Over the years we've talked about loan modification and how the banks used it as a scam, and they've
[07:59.880 --> 08:03.240]  certainly done that.
[08:03.240 --> 08:10.840]  But more recently we've had changes to the Real Estate Settlement Procedures Act that
[08:10.840 --> 08:15.800]  placed more specific duties on lenders.
[08:15.800 --> 08:23.880]  One of which is when they receive a loss mitigation application, they have five days to give notice
[08:23.880 --> 08:31.800]  that it has been received, and then they have 30 days to process it.
[08:31.800 --> 08:39.440]  And in reading the statute, you know when I read these consumer protection laws, what
[08:39.440 --> 08:50.680]  I seem to always find is that your legislators passed what appears to be a consumer protection
[08:50.680 --> 08:58.720]  statute so that they can stand up and puff out their chests and tell you as a voter what
[08:58.720 --> 09:02.920]  a great thing they've done in your benefit.
[09:02.920 --> 09:12.760]  But at the same time, while they are beholden to you as the voter, they're also beholden
[09:12.760 --> 09:22.640]  to the banks and the lobbyists who contribute large sums of money to their campaigns so
[09:22.640 --> 09:29.120]  that they can provide advertisement to reach you the voter.
[09:29.120 --> 09:40.440]  So the politicians are kind of in a catch-22 in that they are beholden to both sides of
[09:40.440 --> 09:41.440]  an issue.
[09:41.440 --> 09:46.880]  They're beholden to the banks for all the money they get, and they're beholden to the
[09:46.880 --> 09:49.000]  individual for the votes they get.
[09:49.000 --> 09:53.520]  So they pull this little scam on us.
[09:53.520 --> 09:57.600]  You and I, the voters, seem to be the easiest one to hoodwink.
[09:57.600 --> 10:05.760]  So they pass this supposed consumer protection statute, but they always leave holes in it
[10:05.760 --> 10:08.800]  for their money backers to slither through.
[10:08.800 --> 10:26.160]  And here, as I read 12 CFR 1024.41, while it requires the lender to notify the borrower
[10:26.160 --> 10:33.240]  in writing within five days after receiving the loss mitigation application that the server
[10:33.240 --> 10:37.920]  acknowledges receipt of the loss mitigation application and that the server has determined
[10:37.920 --> 10:42.680]  that the loss mitigation application is either complete or incomplete.
[10:42.680 --> 10:51.240]  And herein lies the rub, complete or incomplete, because once they give you notice, then they
[10:51.240 --> 10:58.920]  have another time limit I'm looking for, I'm not seeing it right here, I believe it was
[10:58.920 --> 10:59.920]  30 days.
[10:59.920 --> 11:07.000]  You have 30 days to process your loss mitigation application.
[11:07.000 --> 11:10.600]  But the key word was complete.
[11:10.600 --> 11:19.240]  And so it begs the question, what is a complete loss mitigation application?
[11:19.240 --> 11:26.920]  All through 1024, it talks about a complete loss mitigation application, but nowhere.
[11:26.920 --> 11:36.880]  Nada, nothing indicates what constitutes a complete loss mitigation application.
[11:36.880 --> 11:45.560]  The only one, and it talks about how each servicer decides what a complete loss mitigation
[11:45.560 --> 11:47.240]  application is.
[11:47.240 --> 11:56.920]  And it encourages them to issue guidelines, but it doesn't require them to.
[11:56.920 --> 12:00.920]  So it left this huge hole open.
[12:00.920 --> 12:11.480]  And it almost renders this worthless, except that when you request a loss mitigation, when
[12:11.480 --> 12:20.400]  you file an application, if it is incomplete, then if you make the request at least 45 days
[12:20.400 --> 12:31.600]  before foreclosure, then they may not file a notice of default in order to initiate a
[12:31.600 --> 12:33.480]  foreclosure.
[12:33.480 --> 12:40.200]  Another problem, 45 days before a foreclosure.
[12:40.200 --> 12:47.000]  The problem with that is, is you don't know what the date of foreclosure is until the
[12:47.000 --> 12:52.720]  bank sets it and gives notice, and notice of the date of foreclosure is required to
[12:52.720 --> 12:56.800]  be given 21 days before foreclosure.
[12:56.800 --> 13:00.340]  So that's a nice slick little maneuver.
[13:00.340 --> 13:06.640]  You don't know how to make an application 45 days before the foreclosure costs.
[13:06.640 --> 13:10.080]  You don't know until 21 days before.
[13:10.080 --> 13:15.120]  This is the kind of thing your legislators do for you.
[13:15.120 --> 13:22.520]  Because there is a trick, you know, outside of this statute, we have ways of stopping
[13:22.520 --> 13:25.800]  the foreclosure sale, at least the first one.
[13:25.800 --> 13:31.320]  If you're looking at foreclosure and you haven't been offered a loan modification or offered
[13:31.320 --> 13:42.560]  opportunity to apply for a loan modification, then you send a letter to the trustee a day
[13:42.560 --> 13:53.200]  or two before the sale and give the trustee notice that the lender has not abided by all
[13:53.200 --> 13:56.400]  of the laws and rules required to do the foreclosure.
[13:56.400 --> 14:05.080]  And if you proceed to foreclosure, then you will not be acting in good faith.
[14:05.080 --> 14:11.280]  And this is important for a trustee because a trustee who does a foreclosure sale is immune
[14:11.280 --> 14:20.040]  from civil suit, so long as the trustee acts in good faith by sending the trustee a letter
[14:20.040 --> 14:26.840]  notifying him that there are problems with the foreclosure and that the trustee, if he
[14:26.840 --> 14:32.520]  proceeds to foreclosure with this knowledge, that he will not be acting in good faith will
[14:32.520 --> 14:41.800]  almost always get the trustee to back up and not sell the property on the first sale date.
[14:41.800 --> 14:47.240]  So once you get the first sale date, you get that 21 days before foreclosure, not enough
[14:47.240 --> 14:50.040]  time to file for loss mitigation.
[14:50.040 --> 14:57.360]  However, if you can stop the foreclosure, postpone it for a month, once the foreclosure
[14:57.360 --> 15:06.400]  sale date passes and the property didn't go up for auction, then there is no sale date
[15:06.400 --> 15:08.720]  sent.
[15:08.720 --> 15:13.920]  So now the door is open to file the loan mitigation application.
[15:13.920 --> 15:21.000]  Yeah, we have a lot of callers all of a sudden, so rather than me keep yacking about this,
[15:21.000 --> 15:26.680]  since we have a full board already, I'm going to go to our callers and they may have something
[15:26.680 --> 15:28.600]  more interesting than what I'm talking about.
[15:28.600 --> 15:30.840]  We're going to go to Jimmy in Maryland.
[15:30.840 --> 15:31.840]  Hello, Jimmy.
[15:31.840 --> 15:43.960]  Jimmy, you're getting a lot of background noise and I'm not getting any voice from you.
[15:43.960 --> 15:46.960]  Can you hang up and call back in?
[15:46.960 --> 15:48.840]  Maybe you'll get a better connection.
[15:48.840 --> 15:50.520]  Is that better?
[15:50.520 --> 15:52.400]  Oh, that is much better.
[15:52.400 --> 15:53.400]  Okay.
[15:53.400 --> 15:55.680]  How are you doing, Randy?
[15:55.680 --> 15:56.680]  I am doing well.
[15:56.680 --> 15:59.680]  What do you have for us tonight?
[15:59.680 --> 16:03.080]  Well, I got some concerns.
[16:03.080 --> 16:10.280]  I got a case that's supposed to go to trial on the 3rd of March and I've been unable to
[16:10.280 --> 16:18.760]  get the police officer and the state's attorney served for a cross complaint for injunctive
[16:18.760 --> 16:19.760]  release.
[16:19.760 --> 16:20.760]  Okay.
[16:20.760 --> 16:21.760]  Back up.
[16:21.760 --> 16:26.160]  Give us a little bit of background so we kind of understand what's going on.
[16:26.160 --> 16:27.160]  Okay.
[16:27.160 --> 16:31.320]  I got a case that's supposed to go to trial on the 3rd.
[16:31.320 --> 16:35.120]  I was supposed to have a motion hearing today.
[16:35.120 --> 16:36.120]  Okay.
[16:36.120 --> 16:37.120]  Hold on.
[16:37.120 --> 16:38.120]  Nature of the case, civil criminal.
[16:38.120 --> 16:39.120]  It's a criminal.
[16:39.120 --> 16:40.120]  Okay.
[16:40.120 --> 16:41.120]  Misdemeanor felony.
[16:41.120 --> 16:42.120]  Not misdemeanor.
[16:42.120 --> 16:43.120]  Okay.
[16:43.120 --> 16:44.120]  Hang on.
[16:44.120 --> 16:45.120]  We're about to do the break.
[16:45.120 --> 16:46.120]  We'll pick this up on the other side.
[16:46.120 --> 16:47.120]  Randy, can you hear me?
[16:47.120 --> 16:52.120]  Okay, hang on, we're about to do the break, we'll pick this up on the other side, Randy
[16:52.120 --> 16:57.960]  Kelton, Deborah Stevens, Rue of La Radio, I'll call in number 512-646-1984, we'll be
[16:57.960 --> 16:58.960]  right back.
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[19:15.440 --> 19:42.160]  I'm happy to jump in with a quick bystep instruction, thank you very much.
[19:42.160 --> 20:12.080]  Okay, we are back.
[20:12.080 --> 20:16.640]  Randy Kelton, Debra Stevens, Root of Law Radio and Jimmy, I'm not trying to ask, I'm
[20:16.640 --> 20:18.000]  not asking anything personal.
[20:18.000 --> 20:26.200]  I'm asking for referential index misdemeanor, is it a traffic or something more serious
[20:26.200 --> 20:27.200]  than traffic?
[20:27.200 --> 20:28.200]  Oh, traffic.
[20:28.200 --> 20:29.200]  Oh, okay.
[20:29.200 --> 20:30.200]  Okay.
[20:30.200 --> 20:31.200]  So basically, where are we?
[20:31.200 --> 20:32.200]  Okay.
[20:32.200 --> 20:42.320]  We're at the point where I was supposed to have a motion hearing today, but it was canceled
[20:42.320 --> 20:47.640]  because, you know, it's snow here in Maryland, you know, so the courthouse was closed.
[20:47.640 --> 20:53.360]  The trial date, you know, I saw Jerry trial, the trial date is on the 3rd of March, which
[20:53.360 --> 20:54.360]  is next Tuesday.
[20:54.360 --> 21:00.160]  But it's not a judge said that that day cannot be changed, that's set, that's a permanent
[21:00.160 --> 21:01.160]  date.
[21:01.160 --> 21:06.960]  So I found the, what's it called, a cross-complaint for injunctive relief.
[21:06.960 --> 21:15.000]  Okay, wait a minute, you have a cross-complaint for injunctive relief?
[21:15.000 --> 21:17.440]  What's the nature of the injunctive relief?
[21:17.440 --> 21:22.560]  Well, there's several things, one I mentioned that the police...
[21:22.560 --> 21:27.160]  Okay, hold on, let me explain why I'm asking this question.
[21:27.160 --> 21:35.440]  Normally, in a criminal action, you cannot file a cross-complaint.
[21:35.440 --> 21:42.320]  So it's important to understand what the nature of the injunctive relief is.
[21:42.320 --> 21:53.040]  It may well be that you merely have a motion asking for due process or something, and I'm
[21:53.040 --> 21:58.640]  kind of being pedantic here, but you wouldn't go into court calling that a cross-complaint
[21:58.640 --> 22:04.480]  because if you say cross-complaint in front of the prosecutor, he's going to jump up and
[22:04.480 --> 22:10.200]  down and wave his arms and wail in righteous indignation so you can't do that.
[22:10.200 --> 22:17.960]  Even if your request for injunctive relief is proper, if you use the wrong terminology,
[22:17.960 --> 22:20.480]  you're going to get the prosecutor all over you.
[22:20.480 --> 22:24.760]  So what are you asking for the court to enjoin?
[22:24.760 --> 22:35.200]  Well, I've decided that the police officer failed due to his judiciary duty.
[22:35.200 --> 22:43.240]  I talked to you a few weeks ago about that they did not properly identify me on the citation
[22:43.240 --> 22:47.360]  of this driver's license number.
[22:47.360 --> 22:52.440]  The police officer has a duty to check the validity of when he cites somebody, you know,
[22:52.440 --> 23:04.080]  make sure that the- Yeah, but if they can't, is the citation that
[23:04.080 --> 23:12.680]  you're defending, I'm sorry, does it involve something concerning the validity of the license
[23:12.680 --> 23:13.680]  itself?
[23:13.680 --> 23:17.960]  I'm just trying to say that it is suspended and revoked.
[23:17.960 --> 23:20.880]  Let me say that again.
[23:20.880 --> 23:26.560]  They're saying that I was driving on a suspended license and driving on a license was revoked.
[23:26.560 --> 23:29.920]  And he used the wrong license number?
[23:29.920 --> 23:30.920]  Yes.
[23:30.920 --> 23:34.360]  Now, that is very relevant.
[23:34.360 --> 23:41.120]  So, okay, now what is the nature of the injunction you're asking for?
[23:41.120 --> 23:48.240]  Well, I'm saying that the officer failed due to his judiciary duty by checking the status
[23:48.240 --> 23:50.480]  and the issuance of that driver's license.
[23:50.480 --> 23:51.480]  Okay, hold on, hold on.
[23:51.480 --> 23:56.800]  I'm going to suggest that may be the wrong tactic.
[23:56.800 --> 24:05.520]  He's accused you of driving on a revoked license and the license he's claiming that you were
[24:05.520 --> 24:14.440]  driving on that is revoked is a license number that's different than your license number?
[24:14.440 --> 24:23.120]  It's a driver's license that they created to cite me with.
[24:23.120 --> 24:25.120]  Explained.
[24:25.120 --> 24:32.080]  I don't have the driver's license and when I resent my driver's license in 1998, it's
[24:32.080 --> 24:35.160]  not the same driver's license number that I resent.
[24:35.160 --> 24:36.880]  It's completely different.
[24:36.880 --> 24:41.280]  Okay, so you did at one time have a driver's license.
[24:41.280 --> 24:42.280]  Yes.
[24:42.280 --> 24:53.240]  And you, now what's the right term, you rescinded your license, you didn't renew your license.
[24:53.240 --> 24:58.680]  And the license you had, the license number doesn't match the one that you've been accused
[24:58.680 --> 25:02.680]  of having in the past?
[25:02.680 --> 25:04.680]  That is correct.
[25:04.680 --> 25:12.280]  So, have you run a check on that number to see who actually owns that driver's license?
[25:12.280 --> 25:13.280]  No, they don't.
[25:13.280 --> 25:14.280]  They don't.
[25:14.280 --> 25:15.280]  I checked with the NBA.
[25:15.280 --> 25:22.280]  When they can sign in the system, they will create a number that isn't soundexed, but
[25:22.280 --> 25:27.080]  you didn't know about a few weeks ago, they can soundex a system to create a driver's
[25:27.080 --> 25:28.800]  license number for you.
[25:28.800 --> 25:33.240]  Okay, so they just made up a number.
[25:33.240 --> 25:34.240]  Exactly.
[25:34.240 --> 25:39.960]  Then, okay, what is the nature of your request?
[25:39.960 --> 25:45.840]  I'm trying to find ways of just getting it dismissed.
[25:45.840 --> 25:53.120]  So that's why I brought it across to the main, trying to be the plaintiff to bring up some
[25:53.120 --> 25:57.080]  issues that they did not follow the rules of law in fighting me.
[25:57.080 --> 26:01.480]  And that's one issue I know I have that I also did not check to see this wasn't an issue
[26:01.480 --> 26:06.160]  to me and it wasn't issued by the U.S. Department of State.
[26:06.160 --> 26:13.200]  Okay, so I think I'm getting kind of clear on where you're going.
[26:13.200 --> 26:22.080]  You were stopped while traveling and you were accused of driving on a suspended license,
[26:22.080 --> 26:23.080]  revoked license.
[26:23.080 --> 26:24.080]  What?
[26:24.080 --> 26:25.080]  Right.
[26:25.080 --> 26:26.080]  Now, there was two.
[26:26.080 --> 26:27.080]  Which one?
[26:27.080 --> 26:28.080]  Both of them.
[26:28.080 --> 26:39.280]  Okay, and they claimed that this license number that they used is the one that was suspended
[26:39.280 --> 26:40.280]  or revoked.
[26:40.280 --> 26:41.280]  Yes.
[26:41.280 --> 26:48.280]  Then, have you done any discovery?
[26:48.280 --> 26:59.480]  Yeah, but in the injunction relief, I'm also asking for discovery in that.
[26:59.480 --> 27:00.480]  Okay.
[27:00.480 --> 27:01.480]  What are you asking for?
[27:01.480 --> 27:08.200]  I'm asking for full discovery of information that I'm not privileged to have.
[27:08.200 --> 27:09.200]  Okay.
[27:09.200 --> 27:10.200]  Now, hold on.
[27:10.200 --> 27:11.840]  You're being way too general here.
[27:11.840 --> 27:21.680]  Have you read your code on the evidentiary code for Maryland?
[27:21.680 --> 27:22.680]  Yeah.
[27:22.680 --> 27:29.720]  Well, in the discovery, it talks about this scope of discovery that you could be allowed
[27:29.720 --> 27:30.720]  to get things.
[27:30.720 --> 27:31.720]  No, no.
[27:31.720 --> 27:33.120]  I'm not talking about discovery here.
[27:33.120 --> 27:39.360]  I'm talking about what constitutes evidence.
[27:39.360 --> 27:44.800]  What must the prosecution prove?
[27:44.800 --> 27:54.760]  What are the elements of the crime of driving on a revoked or suspended license?
[27:54.760 --> 27:58.640]  Don't get lost in stuff that doesn't count.
[27:58.640 --> 28:03.840]  The first thing you should really do when you get accused of something like this is
[28:03.840 --> 28:09.040]  see if you can find the model jury charge.
[28:09.040 --> 28:11.800]  You should always start at the end.
[28:11.800 --> 28:16.680]  What is the last thing the court's going to say to the jury?
[28:16.680 --> 28:22.880]  They're going to say, this is what the person has been charged of.
[28:22.880 --> 28:29.560]  These are the elements of the crime that the prosecution must prove.
[28:29.560 --> 28:35.920]  And you must determine whether or not the prosecution proved each of these elements.
[28:35.920 --> 28:45.920]  So what are the elements of the crime you were accused of committing?
[28:45.920 --> 28:48.260]  Let me hypothesize.
[28:48.260 --> 28:56.880]  You were issued a, you voluntarily applied for a license to operate a commercial vehicle
[28:56.880 --> 29:01.280]  in the state of Maryland.
[29:01.280 --> 29:09.280]  In the application, you agreed to abide by certain traffic laws.
[29:09.280 --> 29:16.680]  You were granted a license by the state of Maryland based on your agreement to abide
[29:16.680 --> 29:24.280]  by these laws and you violated one of those laws.
[29:24.280 --> 29:31.920]  Without reading the actual elements of the crime, that is what I would expect the elements
[29:31.920 --> 29:36.840]  to have to read.
[29:36.840 --> 29:43.400]  So we'll pick this up when we come back on the other side, and I'm not trying to be pedantic,
[29:43.400 --> 29:47.200]  but if we don't get this right, they'll just blow us off really easy.
[29:47.200 --> 29:48.200]  Hang on.
[29:48.200 --> 29:49.200]  Randy Kelton's.
[29:49.200 --> 29:56.600]  Deborah Stevens, rule of our radio, our call in number 512-646-1984, we'll be right back.
[29:56.600 --> 30:04.040]  Cell phones are an indispensable part of modern life.
[30:04.040 --> 30:08.840]  Nearly 90% of adults and three quarters of teens now have one, but are cell phones really
[30:08.840 --> 30:09.840]  safe?
[30:09.840 --> 30:12.760]  I'm Dr. Catherine Albrecht, and I'll be right back with the facts.
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[30:43.920 --> 30:47.540]  Students don't hear much about cell phone health risks, but researchers in Europe have
[30:47.540 --> 30:53.280]  linked the devices to brain tumors, DNA damage, sperm death, and early onset Alzheimer's.
[30:53.280 --> 30:57.600]  You can minimize your risk by knowing your mobile phone emits a basketball-sized sphere
[30:57.600 --> 30:58.600]  of EMF radiation.
[30:58.600 --> 31:02.880]  Picture a basketball with your phone in the middle, then keep that sphere away from your
[31:02.880 --> 31:05.080]  brain and reproductive organs.
[31:05.080 --> 31:09.240]  Don't hold it near your head or in your pocket and use the speakerphone or get a corded headset
[31:09.240 --> 31:10.240]  or a Bluetooth headset.
[31:10.240 --> 31:15.360]  And before you buy your next phone, check its SAR rating to see how much exposure you're
[31:15.360 --> 31:16.360]  getting.
[31:16.360 --> 31:17.360]  Obviously, the less the better.
[31:17.360 --> 31:19.760]  This is Dr. Catherine Albrecht.
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[34:00.880 --> 34:14.520]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Jimmy
[34:14.520 --> 34:15.520]  in Maryland.
[34:15.520 --> 34:21.440]  And where I'm going, Jimmy, is if you're going to frame a case, you got to start at the beginning.
[34:21.440 --> 34:26.600]  What does the prosecution have to prove?
[34:26.600 --> 34:33.840]  And I apologize for that phone in the background, I can't get to it to shut it off.
[34:33.840 --> 34:34.840]  I'm not at home.
[34:34.840 --> 34:42.800]  I'm down here in Austin, so anyway, what does the prosecution have to prove?
[34:42.800 --> 34:45.640]  And the elements of the crime are what the prosecution has to prove.
[34:45.640 --> 34:49.280]  So that's the first thing you need to discover.
[34:49.280 --> 35:02.840]  And here, if you're being accused of operating in a licensed capacity with a revoked license,
[35:02.840 --> 35:10.480]  you have to be able to show that there was a license to begin with, that you applied
[35:10.480 --> 35:21.400]  for the license and agreed to the regulatory authority, and then that license was revoked.
[35:21.400 --> 35:26.940]  So I would want to see all of the, I want to see the application for the license that
[35:26.940 --> 35:35.160]  shows that you volunteered to be a part of their regulatory scheme.
[35:35.160 --> 35:42.520]  The acceptance of your application by the issuance of the license, and show evidence
[35:42.520 --> 35:49.360]  that this license was actually issued to you, and then show evidence that this license was
[35:49.360 --> 35:52.000]  actually revoked.
[35:52.000 --> 35:59.760]  If they made up the license, they're not going to have this information.
[35:59.760 --> 36:07.440]  I am having a terrible time understanding you.
[36:07.440 --> 36:08.440]  Something's wrong with your connection.
[36:08.440 --> 36:09.440]  I'm still having trouble.
[36:09.440 --> 36:14.840]  It sounds like you're in a well or something.
[36:14.840 --> 36:15.840]  That's better.
[36:15.840 --> 36:16.840]  Do you want to hands-free?
[36:16.840 --> 36:17.840]  No, no.
[36:17.840 --> 36:18.840]  That's maybe where I'm at.
[36:18.840 --> 36:19.840]  The connection's probably not that well.
[36:19.840 --> 36:20.840]  Okay.
[36:20.840 --> 36:21.840]  That's much better.
[36:21.840 --> 36:30.920]  You know, they always show a certified driving record.
[36:30.920 --> 36:31.920]  That's all they show.
[36:31.920 --> 36:38.000]  I mean, it's only presented as a certified driving record, and you can get you a...
[36:38.000 --> 36:39.000]  Okay.
[36:39.000 --> 36:40.000]  Put in a...
[36:40.000 --> 36:44.200]  Actually, I kind of like Bushwack better.
[36:44.200 --> 36:52.040]  If you give them notice by request for discovery, then they're going to come up with a way to
[36:52.040 --> 36:56.920]  get around you, because they're acting in concert inclusion with the judge.
[36:56.920 --> 36:58.400]  You need to catch them flat-footed.
[36:58.400 --> 37:01.480]  Do you have a jury trial?
[37:01.480 --> 37:02.480]  Uh-huh.
[37:02.480 --> 37:03.480]  Good.
[37:03.480 --> 37:04.480]  Okay.
[37:04.480 --> 37:10.120]  Then the prosecution's going to get up.
[37:10.120 --> 37:12.200]  They're going to present their case.
[37:12.200 --> 37:19.480]  As soon as you get the witness, you ask the witness to provide for the court evidence
[37:19.480 --> 37:26.960]  that you applied for this license, and then ask them to produce evidence that a license
[37:26.960 --> 37:32.840]  was actually issued, and then evidence that the license that was actually issued was actually
[37:32.840 --> 37:33.840]  revoked.
[37:33.840 --> 37:34.840]  Okay.
[37:34.840 --> 37:45.000]  If you can't produce any one of these, ask for a directed verdict of not guilty.
[37:45.000 --> 37:46.000]  Okay.
[37:46.000 --> 37:54.400]  If you try discovery, they generally deny discovery in traffic issues, because they
[37:54.400 --> 37:57.480]  want to make it really hard for you.
[37:57.480 --> 37:59.200]  So ask them to produce it in court.
[37:59.200 --> 38:04.560]  In order to prove the elements of the crime, this is what they're going to have to prove.
[38:04.560 --> 38:05.560]  Okay.
[38:05.560 --> 38:08.040]  And bushwhack's always better.
[38:08.040 --> 38:13.080]  You can't do bushwhacking civil, but for the most part, you can.
[38:13.080 --> 38:17.840]  We'll explain on another time how you can do bushwhacking civil.
[38:17.840 --> 38:23.800]  You do bushwhack based on a statement somebody else makes.
[38:23.800 --> 38:29.200]  Then you can bushwhack them by asking them to validate the statement, but in criminal,
[38:29.200 --> 38:32.600]  you can bushwhack them, and here, this is not bushwhack.
[38:32.600 --> 38:34.640]  This is straightforward.
[38:34.640 --> 38:39.400]  These are the things that must have occurred.
[38:39.400 --> 38:46.160]  They have to approve that these things occurred, and generally on revoked license, they take
[38:46.160 --> 38:51.360]  a shortcut and just say you were driving without a license and charge you with revoked.
[38:51.360 --> 39:01.480]  So get the driving on revoked or suspended license, read the statute, and ask the police
[39:01.480 --> 39:12.240]  officer who wrote the citation to provide evidence of each of the elements of the crime.
[39:12.240 --> 39:17.200]  If he doesn't have evidence of each of the elements of the crime, he did not have probable
[39:17.200 --> 39:21.520]  cause to write the citation in the first place if you move that the case be dismissed for
[39:21.520 --> 39:22.520]  lack of evidence.
[39:22.520 --> 39:23.520]  Okay.
[39:23.520 --> 39:25.680]  I really need to move along.
[39:25.680 --> 39:30.200]  We've got a large stack of callers today.
[39:30.200 --> 39:33.120]  Think about it and call back in tomorrow night.
[39:33.120 --> 39:35.080]  We can discuss it at more depth.
[39:35.080 --> 39:36.080]  Okay.
[39:36.080 --> 39:37.080]  Sounds good.
[39:37.080 --> 39:38.080]  Sounds good, Randy.
[39:38.080 --> 39:39.080]  Thank you so much.
[39:39.080 --> 39:40.080]  Okay.
[39:40.080 --> 39:41.080]  Thank you, Jimmy.
[39:41.080 --> 39:43.400]  Now we're going to go to Jeff in Mississippi.
[39:43.400 --> 39:44.400]  Hello, Jeff.
[39:44.400 --> 39:45.400]  Hello, Randy.
[39:45.400 --> 39:47.800]  Thanks for having me on.
[39:47.800 --> 39:49.400]  Glad to have you.
[39:49.400 --> 39:51.480]  Have you kicked their behinds yet?
[39:51.480 --> 39:53.720]  Well, I'm on my way.
[39:53.720 --> 39:59.160]  My motion hearing is in April, so I have two months.
[39:59.160 --> 40:10.720]  They want me to resubmit the two motions that I already have in my file.
[40:10.720 --> 40:17.920]  They want me to submit one to the judge's actual private office, one to the prosecutor
[40:17.920 --> 40:24.640]  and then one to the court, so they want me to do three of them, and that's fine.
[40:24.640 --> 40:30.400]  I've done a little bit of homework, and so I've got a question to ask you real quick,
[40:30.400 --> 40:37.600]  and that is when I submit all three of these motions in, these two motions into every one
[40:37.600 --> 40:45.260]  of these people, I found out that they have to, they have to, or at least the prosecutor
[40:45.260 --> 40:49.280]  has to answer my motions before the motions hearing.
[40:49.280 --> 40:51.280]  Is that true?
[40:51.280 --> 40:52.280]  No.
[40:52.280 --> 40:53.280]  No.
[40:53.280 --> 40:54.280]  Okay.
[40:54.280 --> 41:02.960]  But if he doesn't answer the motion, he can't come in the hearing and bring up anything
[41:02.960 --> 41:07.440]  that wasn't in an answer.
[41:07.440 --> 41:09.160]  I don't understand.
[41:09.160 --> 41:10.160]  Okay.
[41:10.160 --> 41:19.880]  If you make assertions or allegations in your motion and he doesn't rebut any of those,
[41:19.880 --> 41:22.640]  then he admits to them.
[41:22.640 --> 41:23.640]  Oh.
[41:23.640 --> 41:25.880]  No bushwhack.
[41:25.880 --> 41:28.600]  You can bushwhack him, he can't bushwhack you.
[41:28.600 --> 41:34.000]  Well, but the judge, of course, is going to side for him and then overrule and push it
[41:34.000 --> 41:35.000]  all under the rug.
[41:35.000 --> 41:37.400]  Of course he is, but you're just setting the record for appeal.
[41:37.400 --> 41:38.400]  Okay.
[41:38.400 --> 41:40.400]  So I don't need to get hot and heavy.
[41:40.400 --> 41:42.120]  No, no, no.
[41:42.120 --> 41:49.980]  You're just going check, check, check, objection, let the record reflect the defendant's exception
[41:49.980 --> 41:55.440]  to the ruling and that's saying, I'm just preserving this for appeal.
[41:55.440 --> 41:59.480]  And I've had a judge get real annoyed with me doing that and saying, Mr. Kelton, that
[41:59.480 --> 42:00.480]  won't be necessary.
[42:00.480 --> 42:07.040]  Well, your honor, will you accept that I object to everything the prosecutor does and maintain
[42:07.040 --> 42:10.000]  that on the record so that I don't have to keep annoying the court?
[42:10.000 --> 42:12.920]  And he said, yes, Mr. Kelton, I will accept that.
[42:12.920 --> 42:14.640]  So I quit objecting.
[42:14.640 --> 42:18.320]  So everything's objected to, but don't worry about it.
[42:18.320 --> 42:24.280]  Let the judge do anything he wants to, and you're just setting the record for appeal.
[42:24.280 --> 42:31.480]  And a question I have about this, they want you to submit the motion.
[42:31.480 --> 42:35.000]  Well, to mail it, to re-mail them in.
[42:35.000 --> 42:36.000]  Okay.
[42:36.000 --> 42:44.440]  Re-mail them a, you already have it in the court record, right?
[42:44.440 --> 42:45.720]  Yes.
[42:45.720 --> 42:51.960]  I suggest, do you have a sort of, you have the copy that the clerk gave you when she
[42:51.960 --> 42:52.960]  stamped it?
[42:52.960 --> 42:53.960]  I believe I do.
[42:53.960 --> 42:54.960]  Yeah.
[42:54.960 --> 42:55.960]  It's about six months old.
[42:55.960 --> 42:56.960]  It's been sitting in the case.
[42:56.960 --> 42:57.960]  Okay.
[42:57.960 --> 43:04.200]  I'm going to ask you to go to a notary and ask a notary to do a notarial presentment.
[43:04.200 --> 43:05.200]  Okay.
[43:05.200 --> 43:11.560]  Now, if you listen to the legal reform guys, they'll talk about notarial presentments as
[43:11.560 --> 43:17.040]  if there's some kind of magic wand you can wave around.
[43:17.040 --> 43:18.040]  They're no such thing.
[43:18.040 --> 43:20.660]  They're done for a very specific purpose.
[43:20.660 --> 43:30.120]  You take this to a notary and say, here is the copy, the actual stamped copy from the
[43:30.120 --> 43:37.040]  notary, from the clerk that I received when I filed this motion and asked the notary to
[43:37.040 --> 43:44.200]  make copies of these and certified the copies the notary makes and have the notary send
[43:44.200 --> 43:53.800]  a copy to the clerk, to the judge, and to the prosecutor and make sure he writes copy
[43:53.800 --> 44:02.440]  on the top of each of these documents because you don't want the court trying to put...
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[45:52.160 --> 46:10.760]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EASY.
[46:10.760 --> 46:36.440]  Okay.
[46:36.440 --> 46:37.440]  We are back.
[46:37.440 --> 46:42.960]  Randy Kelton, Debra Stevens, Rule of Law Radio and we're talking to Jeff in Mississippi.
[46:42.960 --> 46:50.480]  Okay Jeff, the point of that is, is you don't want these guys treating this as a newly filed
[46:50.480 --> 46:51.480]  motion.
[46:51.480 --> 46:52.480]  Okay.
[46:52.480 --> 46:58.680]  You've already filed this motion, so you're not refiling it, you're sending copies to
[46:58.680 --> 47:02.800]  each of the parties.
[47:02.800 --> 47:07.920]  The prosecutor's trying to repurchase time to answer.
[47:07.920 --> 47:14.240]  Have you looked in the statute to see how much time someone has to respond to a motion?
[47:14.240 --> 47:15.240]  No.
[47:15.240 --> 47:23.440]  You might look in there and see that now, generally this is how it works.
[47:23.440 --> 47:29.880]  Criminal is a subset of civil.
[47:29.880 --> 47:40.120]  So where there is not a specific procedure written into the code of criminal procedure,
[47:40.120 --> 47:48.080]  then you will adopt those procedures from the rules of civil procedure.
[47:48.080 --> 47:55.840]  So if you don't have something in criminal that says on a motion by the defendant, the
[47:55.840 --> 48:05.160]  prosecution has X amount of time to respond, then you can assume the time limits from the
[48:05.160 --> 48:06.920]  rules of civil procedure.
[48:06.920 --> 48:09.600]  That's normally how this is done.
[48:09.600 --> 48:11.240]  All right.
[48:11.240 --> 48:17.840]  But so far as I know, okay, what is the nature of this motion?
[48:17.840 --> 48:26.080]  One was the motion to dismiss and the other is the motion in lemony.
[48:26.080 --> 48:27.600]  Okay.
[48:27.600 --> 48:31.940]  These would need a response.
[48:31.940 --> 48:40.600]  You should have anything that the prosecutor now attempts to bring, if he doesn't answer,
[48:40.600 --> 48:51.920]  you should object to it as, not bushwhack, surprise.
[48:51.920 --> 48:53.800]  It's called surprise.
[48:53.800 --> 48:58.520]  They're not allowed to surprise you in court with his objection.
[48:58.520 --> 49:00.960]  That you filed a timely motion.
[49:00.960 --> 49:04.880]  The prosecutor had plenty of time to respond to that motion.
[49:04.880 --> 49:11.160]  Now he comes to the court and surprises you with an objection that you have not had time
[49:11.160 --> 49:16.920]  to investigate and prepare a rebuttal to.
[49:16.920 --> 49:27.080]  So you object outright to him bringing any rebuttal, especially to the motion to dismiss.
[49:27.080 --> 49:31.600]  So if he argues immediate objection, surprise.
[49:31.600 --> 49:33.600]  Yes.
[49:33.600 --> 49:36.800]  If he tries to bring up anything, you object.
[49:36.800 --> 49:39.360]  You filed a timely motion.
[49:39.360 --> 49:41.960]  He had opportunity to answer and he failed to do so.
[49:41.960 --> 49:47.840]  He may not come to court now and surprise me in front of the court with an objection
[49:47.840 --> 49:51.440]  that he has not advised me that he was bringing.
[49:51.440 --> 49:55.640]  Is this at the motion hearing or the trial itself?
[49:55.640 --> 49:57.640]  At the motion hearing.
[49:57.640 --> 50:00.560]  Got it.
[50:00.560 --> 50:05.520]  And they're trying to get you to refile so he gets, I'm going to bet you there's a time
[50:05.520 --> 50:06.520]  requirement.
[50:06.520 --> 50:09.840]  How long before the hearing?
[50:09.840 --> 50:13.080]  I've got two months and I thought that was very strange.
[50:13.080 --> 50:19.120]  They wanted me to resubmit or refile those motions because I've given the prosecutor
[50:19.120 --> 50:23.120]  and the court clerk each one.
[50:23.120 --> 50:27.760]  And so when the judge says, well, I want you to do that again and then send me a copy.
[50:27.760 --> 50:30.840]  File an objection.
[50:30.840 --> 50:31.840]  Okay.
[50:31.840 --> 50:33.320]  I just thought that was very suspicious.
[50:33.320 --> 50:36.680]  So you just answered that because they're trying to buy more time.
[50:36.680 --> 50:37.680]  Yeah.
[50:37.680 --> 50:39.800]  They're trying to make it look like you just filed it.
[50:39.800 --> 50:51.480]  File an objection as the motion has been timely filed and service has been made to each party.
[50:51.480 --> 50:58.000]  And then when they insist, then you send them a document labeled copy.
[50:58.000 --> 51:09.160]  If you send a copy to the clerk, then if she restamps it, then it won't help her because
[51:09.160 --> 51:14.280]  the clerk has to file an original.
[51:14.280 --> 51:19.600]  She can't accept a copy and if this one has a copy written across it, she's got a problem.
[51:19.600 --> 51:21.320]  Okay.
[51:21.320 --> 51:25.840]  So we're going to find the original motion and just rescind that copy.
[51:25.840 --> 51:26.840]  Yeah.
[51:26.840 --> 51:27.840]  Yeah.
[51:27.840 --> 51:28.840]  Make a copy of it.
[51:28.840 --> 51:29.840]  Don't give them your original.
[51:29.840 --> 51:30.840]  Nobody gets that.
[51:30.840 --> 51:33.280]  And have a notary do it.
[51:33.280 --> 51:34.400]  Okay.
[51:34.400 --> 51:43.680]  So you can bring a third party in and say, I examined the original and made a copy of
[51:43.680 --> 51:53.520]  an accurate copy of the original and I mailed these to them, to the court myself.
[51:53.520 --> 52:00.200]  During the hearing, I believe that I might've agreed when the judge wanted me to send him
[52:00.200 --> 52:01.200]  a copy.
[52:01.200 --> 52:04.800]  It might be on the record saying, okay.
[52:04.800 --> 52:05.800]  Okay.
[52:05.800 --> 52:12.000]  If you, if you agreed to it, send him a copy, but make sure it's written in big letters,
[52:12.000 --> 52:15.640]  copy or stamp it with a red stamp.
[52:15.640 --> 52:22.680]  Go to office depot and they'll have a stamp for copy and get a red one.
[52:22.680 --> 52:23.680]  Okay.
[52:23.680 --> 52:26.320]  And stamp it with a red stamp copy.
[52:26.320 --> 52:27.800]  Got it.
[52:27.800 --> 52:30.880]  Here you go.
[52:30.880 --> 52:32.760]  Okay.
[52:32.760 --> 52:34.560]  So we do not want to refile.
[52:34.560 --> 52:38.280]  I did not know that that is a neat little trick that you just taught everybody on the
[52:38.280 --> 52:39.280]  radio.
[52:39.280 --> 52:43.240]  Well, you gotta watch these dirty rotten rascals.
[52:43.240 --> 52:44.680]  Yeah.
[52:44.680 --> 52:49.360]  Because my objection is that they've run out of time to begin with.
[52:49.360 --> 52:53.280]  So they're trying to reset the clock.
[52:53.280 --> 52:54.280]  Yeah.
[52:54.280 --> 53:01.240]  You might write, you might stamp copy and write under copy document filed and put the
[53:01.240 --> 53:02.240]  document date.
[53:02.240 --> 53:06.240]  When it was filed back in July.
[53:06.240 --> 53:07.240]  Exactly.
[53:07.240 --> 53:08.240]  Okay.
[53:08.240 --> 53:09.240]  Got it.
[53:09.240 --> 53:10.240]  Okay.
[53:10.240 --> 53:11.240]  That is my question.
[53:11.240 --> 53:12.240]  I will call back next week.
[53:12.240 --> 53:13.240]  Thank you.
[53:13.240 --> 53:14.240]  Thank you, Jeff.
[53:14.240 --> 53:15.240]  Okay.
[53:15.240 --> 53:18.240]  Now we're going to go to Mike in Texas.
[53:18.240 --> 53:19.240]  Hello, Mike.
[53:19.240 --> 53:22.240]  What do you have for us today?
[53:22.240 --> 53:23.240]  Hey, Randy.
[53:23.240 --> 53:24.240]  Let's see.
[53:24.240 --> 53:25.240]  I'm not sure.
[53:25.240 --> 53:32.240]  It's been, you know, so much interesting things since the last time I called.
[53:32.240 --> 53:33.240]  Wait a minute.
[53:33.240 --> 53:34.240]  I'm having a little trouble understanding you.
[53:34.240 --> 53:37.240]  Can you pull the mic a little bit away from your mouth?
[53:37.240 --> 53:38.240]  Okay.
[53:38.240 --> 53:39.240]  I was thinking about the press delegation by Travis County.
[53:39.240 --> 53:44.640]  I've taken the case to the United States, the Supreme Court of the United States and
[53:44.640 --> 53:47.120]  they've asked me to refile.
[53:47.120 --> 53:51.840]  And so I'm about to refile this week.
[53:51.840 --> 53:55.200]  And then I guess on a side note, it's kind of interesting.
[53:55.200 --> 54:00.720]  I've still been trying to get basic evidence from Travis County.
[54:00.720 --> 54:01.720]  It's been years.
[54:01.720 --> 54:07.440]  I've, you know, there's a stack of paperwork about six inches high at least
[54:07.440 --> 54:12.320]  that I have submitted to the court because I'm suing the sheriff in Travis County just
[54:12.320 --> 54:14.520]  for video evidence.
[54:14.520 --> 54:24.600]  And back in July last year, the county attorney after the judge said that probably would sign
[54:24.600 --> 54:28.840]  in my case because I probably knocked it out of the park, the county attorney...
[54:28.840 --> 54:33.000]  Wait a minute, wait a minute, I'm having a terrible time understanding you.
[54:33.000 --> 54:39.200]  It's not differential to Mr. Hendel, we do it as a matter of policy prior to, you know,
[54:39.200 --> 54:43.000]  long before all possibility of...
[54:43.000 --> 54:46.640]  Hold on Mike, you're...
[54:46.640 --> 54:49.440]  Mike, you apparently are not hearing me.
[54:49.440 --> 54:54.160]  I can't understand you, I keep telling you that and you keep talking, so we need to figure
[54:54.160 --> 54:57.760]  out a way for you to hear me to realize I can't understand what you're saying.
[54:57.760 --> 55:00.080]  Can you hear me, can you hear me?
[55:00.080 --> 55:04.720]  I can hear you but your mic's booming and I haven't been able to understand what you
[55:04.720 --> 55:05.720]  were saying.
[55:05.720 --> 55:10.920]  Move the mic a little bit away from your mouth and try it again.
[55:10.920 --> 55:11.920]  Is that better?
[55:11.920 --> 55:14.960]  Yeah, try that, that sounds better.
[55:14.960 --> 55:20.400]  Okay, I apologize, I misused my phone, I had it on speaker walls listening to you and then
[55:20.400 --> 55:25.280]  I took it off and I guess it dimmed the mic a little bit.
[55:25.280 --> 55:27.280]  I apologize for that, Randy.
[55:27.280 --> 55:32.840]  Oh, this is Mike, okay, I don't know who you are, I didn't look at the number.
[55:32.840 --> 55:38.760]  Okay, now I kind of understand the case, can you kind of briefly frame where we're at again
[55:38.760 --> 55:41.360]  so bring me back up to speed?
[55:41.360 --> 55:52.720]  Okay, let's see, a while back in January 2011, I was retaliated against for me putting up
[55:52.720 --> 56:00.600]  a legal battle in the city of Austin and I sued Travis County in federal district court
[56:00.600 --> 56:10.680]  and it went quite a long way before the judge just decided to dismiss it, about eight months
[56:10.680 --> 56:19.180]  and he really dismissed it when I put a motion for jointer in expanding upon evidence that
[56:19.180 --> 56:25.880]  there were a number of Travis County officials involved and so the judge attempted to secret
[56:25.880 --> 56:31.680]  them from prosecution, I took it to the Fifth Circuit, they dismissed it, said that I made
[56:31.680 --> 56:36.520]  a number of legal arguments and I thought that that was what I was supposed to do and
[56:36.520 --> 56:43.240]  they dismissed it and so now I'm taking the case to the Supreme Court of the United States
[56:43.240 --> 56:48.480]  and so the Supreme Court has looked at it and they want me to refile so they're asking
[56:48.480 --> 56:56.240]  me to clean it up a little bit, you know, potentially that they're interested in this
[56:56.240 --> 57:04.640]  and I guess on a parallel path, I've still been trying to get the video evidence of my
[57:04.640 --> 57:12.360]  intake in booking and lack of registration, lack of examining trial, lack of having an
[57:12.360 --> 57:20.360]  ex parte proceeding where they sought a warrant for my arrest and I'm already in their custody,
[57:20.360 --> 57:32.320]  they could have simply just brought me before the magistrate and last year in Travis County
[57:32.320 --> 57:40.040]  district court, I sued Travis County Sheriff's Office for that video using a document from
[57:40.040 --> 57:44.480]  the Attorney General which he had used to persuade Upton County Sheriff's Department
[57:44.480 --> 57:49.600]  to release similar information.
[57:49.600 --> 57:53.640]  The district judge announced that I probably knocked it out of the park, he's going to
[57:53.640 --> 57:58.440]  side with me, I guess I'll catch you on the other side Randy.
[57:58.440 --> 58:00.440]  Wait, do what?
[58:00.440 --> 58:01.440]  Hello?
[58:01.440 --> 58:04.440]  Now here's the music, you don't need to wait until...
[58:04.440 --> 58:07.440]  Yeah, you got about 30 more seconds.
[58:07.440 --> 58:15.840]  So this attorney announced they were convicted, already destroyed everything, which is our
[58:15.840 --> 58:19.640]  felony offenses, they do it as a policy basis.
[58:19.640 --> 58:27.440]  Okay, hold on, we'll pick up on felony destruction of evidence, this is Randy Kelton, Debra Stevens,
[58:27.440 --> 58:34.040]  rule of our radio, our call in number 512-646-1984, we're going to our top of the hour break,
[58:34.040 --> 58:40.360]  when we come back we'll continue talking to me and Mike who's beat up everybody in Travis
[58:40.360 --> 58:47.240]  County, so on the break go look at our sponsors and help us support the network, we'll be
[58:47.240 --> 58:50.440]  right back.
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[01:00:03.320 --> 01:00:07.920]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:07.920 --> 01:00:13.240]  at thelibertybeat.com, I'm Brian Hagan with your Liberty Beat for Thursday, February 26,
[01:00:13.240 --> 01:00:14.240]  2015.
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[01:01:00.360 --> 01:01:01.760]  company section.
[01:01:01.760 --> 01:01:06.200]  In the news, Tuesday evening President Obama vetoed a bill which would have approved final
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[01:02:53.160 --> 01:03:00.160]  This is the Liberty Beat for Thursday, February 26, 2015, check out the website at thelibertybeat.com.
[01:03:23.160 --> 01:03:44.160]  It's okay, we are back.
[01:03:44.160 --> 01:03:59.800]  Randy Kelton's Debra Stevens rules our radio and we're talking to Mike in Texas.
[01:03:59.800 --> 01:04:01.200]  Okay, Mike.
[01:04:01.200 --> 01:04:11.760]  Let's see, well, the county attorney attempt, you know, after it looked as the judge would
[01:04:11.760 --> 01:04:17.680]  rule in my favor to provide an audio and video evidence, then claimed felony destruction
[01:04:17.680 --> 01:04:26.440]  of the evidence, but not that he was being dispassionate or abusing his authority just
[01:04:26.440 --> 01:04:32.800]  in my instance, instead it was the county sheriff's office as a matter of policy that
[01:04:32.800 --> 01:04:39.920]  they destroy evidence prior to at least 10 days, because that's when I put my open record
[01:04:39.920 --> 01:04:43.640]  request in, 10 days from arrest.
[01:04:43.640 --> 01:04:51.200]  So they're saying that they commit felony counts of destruction of evidence as an ongoing
[01:04:51.200 --> 01:04:58.880]  and continuous process continuing even to this day, denying Travis County residents
[01:04:58.880 --> 01:05:09.200]  and anyone who's so incarcerated in their facilities access to vital exculpatory evidence.
[01:05:09.200 --> 01:05:16.000]  And then I disqualified the judge because the county had confessed felony acts on a
[01:05:16.000 --> 01:05:22.000]  continuing basis and is in front of him and he refused to have a court of inquiry.
[01:05:22.000 --> 01:05:29.120]  He refused to have an examining trial, he refused anything to do with trying to hold
[01:05:29.120 --> 01:05:34.880]  the county attorneys and the sheriff's office responsible and in fact tried to side with
[01:05:34.880 --> 01:05:40.800]  them by saying that he can't make them give to me something they don't have.
[01:05:40.800 --> 01:05:46.040]  And I noted to them that when they don't have it, it's a felony act and I've noticed
[01:05:46.040 --> 01:05:52.640]  that in writing as I've disqualified that judge and it puts just a series of judges
[01:05:52.640 --> 01:05:58.760]  before me that just will rule in every judge's favor.
[01:05:58.760 --> 01:06:11.600]  And so finally, even though there was a ruling in the past from the attorney general that
[01:06:11.600 --> 01:06:18.840]  they should provide it, they've now flipped on that and said that the county has provided,
[01:06:18.840 --> 01:06:24.280]  you know, satisfied the terms of the open records request even though it's fairly clear
[01:06:24.280 --> 01:06:30.600]  they haven't and they're actually reversing on their own paperwork.
[01:06:30.600 --> 01:06:41.400]  So I used, when I started this suit, I used my plaintiff's original complaint based on
[01:06:41.400 --> 01:06:47.240]  their paperwork and so they're actually siding against their own paperwork by making this
[01:06:47.240 --> 01:06:51.440]  ruling.
[01:06:51.440 --> 01:06:54.000]  So that sort of brings you up to date right now.
[01:06:54.000 --> 01:06:55.000]  Okay.
[01:06:55.000 --> 01:07:02.360]  So what do you, okay, what's your issue or question or comment?
[01:07:02.360 --> 01:07:05.760]  Did you have a question or are you telling us where you're going from here?
[01:07:05.760 --> 01:07:07.560]  Well, I do have a question.
[01:07:07.560 --> 01:07:13.520]  I'm a little bit at a quandary with this.
[01:07:13.520 --> 01:07:22.360]  The attorney general is a duty when he's been, when they're made aware of criminal acts to
[01:07:22.360 --> 01:07:26.680]  take it to the district attorney or at least take it to a grand jury.
[01:07:26.680 --> 01:07:33.120]  And I was wondering, you know, what remedy do I have?
[01:07:33.120 --> 01:07:40.300]  Because it appears that the attorney general was now trying to side with all the courts
[01:07:40.300 --> 01:07:46.880]  and siding with the county attorney, siding with the sheriff, overruling and overturning
[01:07:46.880 --> 01:07:49.400]  their own opinions basically.
[01:07:49.400 --> 01:07:54.960]  And I don't know how to, I'm not really sure where my next step would be.
[01:07:54.960 --> 01:07:58.880]  It's everybody's violating law.
[01:07:58.880 --> 01:08:04.080]  This should, we should start appealing these things to a grand jury.
[01:08:04.080 --> 01:08:12.480]  And at this point, you're in a real good position to make up an extensive complaint and file
[01:08:12.480 --> 01:08:22.460]  it with go down to the courthouse, the grand juries meet every day and go to the office
[01:08:22.460 --> 01:08:25.680]  where the grand jury meets.
[01:08:25.680 --> 01:08:26.680]  You know where that's at?
[01:08:26.680 --> 01:08:27.680]  Yes, I do.
[01:08:27.680 --> 01:08:37.120]  If anybody's in Austin and you go to the new courthouse, that's the district court courthouse.
[01:08:37.120 --> 01:08:42.840]  When you walk in the door, if you look to your right, you'll see an information desk.
[01:08:42.840 --> 01:08:48.760]  Well, there's a room behind the desk so you can walk right around behind the desk along
[01:08:48.760 --> 01:08:50.300]  the wall.
[01:08:50.300 --> 01:08:55.080]  If you go around behind that desk along the wall, there's a little opening of alcove
[01:08:55.080 --> 01:08:57.380]  and there's two doors.
[01:08:57.380 --> 01:09:02.040]  When you turn and look into the alcove, the door to your right will go into the district
[01:09:02.040 --> 01:09:03.040]  attorney's office.
[01:09:03.040 --> 01:09:06.840]  Door to your left goes to the grand jury.
[01:09:06.840 --> 01:09:13.440]  Now did you say, Mike, they put a sign on the door that said no entrance to the grand
[01:09:13.440 --> 01:09:14.440]  jury room?
[01:09:14.440 --> 01:09:15.440]  Right.
[01:09:15.440 --> 01:09:16.440]  I haven't seen that.
[01:09:16.440 --> 01:09:17.440]  Okay.
[01:09:17.440 --> 01:09:19.680]  Well, go down there and walk in that door.
[01:09:19.680 --> 01:09:27.360]  There's generally a bailiff sitting there and with a set of complaints, I generally
[01:09:27.360 --> 01:09:34.040]  take one for each grand juror and tell the bailiff your name and tell the bailiff to
[01:09:34.040 --> 01:09:38.040]  instruct the foreman that you have business with the grand jury.
[01:09:38.040 --> 01:09:43.000]  The foreman will generally ask you the nature of the business and you say, here, give him
[01:09:43.000 --> 01:09:48.240]  these and then leave.
[01:09:48.240 --> 01:09:57.120]  Let them do anything they want to with it because you will come back in a week and go
[01:09:57.120 --> 01:10:03.120]  to the district clerk and ask to see the minutes of the grand jury for the grand jury that
[01:10:03.120 --> 01:10:06.400]  met on this particular day.
[01:10:06.400 --> 01:10:13.400]  If you don't see a true bill or no bill, then you have reason to believe that the bailiff
[01:10:13.400 --> 01:10:17.920]  secreted the complaints from the grand jury.
[01:10:17.920 --> 01:10:26.840]  Then you take a set of complaints to another jurisdiction, and I suggest Territ County,
[01:10:26.840 --> 01:10:30.080]  and file them with a grand jury there.
[01:10:30.080 --> 01:10:39.320]  First, you have to establish that in the complaint you file in the other county, the initial
[01:10:39.320 --> 01:10:48.640]  complaint is that the bailiff secreted criminal complaints from the grand jury in Travis County,
[01:10:48.640 --> 01:10:52.120]  so you were unable to access the Travis County grand jury.
[01:10:52.120 --> 01:11:00.360]  Since your complaints include accusations against public officials in Travis County,
[01:11:00.360 --> 01:11:08.800]  then you can't be expected to go to those same public officials to find remedy, so you're
[01:11:08.800 --> 01:11:15.280]  bringing it to a different grand jury that's outside their venue.
[01:11:15.280 --> 01:11:24.680]  In reading the code, I find nothing that limits the venue of a grand jury in Texas.
[01:11:24.680 --> 01:11:31.880]  The district judge who impanels the grand jury is a state judge, and he has statewide
[01:11:31.880 --> 01:11:40.560]  jurisdiction, but his venue is limited to a specific geographic area, and while a judge
[01:11:40.560 --> 01:11:50.160]  with a limited venue impanels a grand jury, I find nothing in the code that applies the
[01:11:50.160 --> 01:11:56.840]  venue jurisdictions of the judge to the grand jury he impanels.
[01:11:56.840 --> 01:12:07.760]  I find nothing in code anywhere that limits the venue of a grand jury to anything other
[01:12:07.760 --> 01:12:14.320]  than their jurisdiction, which is the boundaries of the state of Texas.
[01:12:14.320 --> 01:12:21.120]  So if you can't get to a grand jury in Travis, then you go to a grand jury in another county,
[01:12:21.120 --> 01:12:28.720]  and we've got 240, I think we have 254 counties in Texas, so you've got 253 other counties
[01:12:28.720 --> 01:12:31.400]  to go to.
[01:12:31.400 --> 01:12:39.240]  But I would start out with Tarrant County because there you have a very knowledgeable,
[01:12:39.240 --> 01:12:51.000]  and from all I can tell, a very fair and honest district attorney.
[01:12:51.000 --> 01:12:59.560]  Sharon Wilson was a district judge and was highly thought of in the regard that she had
[01:12:59.560 --> 01:13:03.960]  a reputation for following law.
[01:13:03.960 --> 01:13:10.600]  So if anyone is likely to follow law, Sharon Wilson's likely to do that.
[01:13:10.600 --> 01:13:18.400]  And the corrupt prosecutors and public officials in Austin are likely to know that.
[01:13:18.400 --> 01:13:20.880]  This will get everybody's attention.
[01:13:20.880 --> 01:13:22.760]  That's my suggestion.
[01:13:22.760 --> 01:13:30.600]  You need to write all of this in terms of an ongoing criminal conspiracy.
[01:13:30.600 --> 01:13:36.880]  I think the thing that stood out the most for me was that you presented a district judge
[01:13:36.880 --> 01:13:44.920]  with a petition for court of inquiry and he denied it or refused to act on it.
[01:13:44.920 --> 01:13:49.840]  That is not something over which he has discretion.
[01:13:49.840 --> 01:13:57.720]  Neither may the judge to whom a petition for court of inquiry is presented make a determination
[01:13:57.720 --> 01:14:00.680]  concerning that court of inquiry.
[01:14:00.680 --> 01:14:07.160]  He is required by statute to present the court of inquiry to the head administrative judge
[01:14:07.160 --> 01:14:13.760]  of the district who is to appoint a district judge to hear it other than the district judge
[01:14:13.760 --> 01:14:16.560]  who received it.
[01:14:16.560 --> 01:14:24.800]  We have a district judge in Tarrant County who denied a petition for court of inquiry.
[01:14:24.800 --> 01:14:33.760]  We're going after that district judge criminally because there is no authority to do that.
[01:14:33.760 --> 01:14:43.920]  And in looking at the politics, this district judge did not create this mess.
[01:14:43.920 --> 01:14:48.960]  He's just trying to cover the behinds of the ones who did.
[01:14:48.960 --> 01:14:56.400]  If you start landing on the ones who are trying to cover for the screw ups, those judges are
[01:14:56.400 --> 01:15:03.840]  going to get really, really unhappy, especially when you're presenting them to grand juries.
[01:15:03.840 --> 01:15:08.480]  This will get you politics because this judge is going to rail in righteous indignation
[01:15:08.480 --> 01:15:11.480]  at the injustice of it all.
[01:15:11.480 --> 01:15:17.240]  Here I'm being persecuted because I tried to help you.
[01:15:17.240 --> 01:15:21.400]  This may be a way to get this to unravel.
[01:15:21.400 --> 01:15:26.440]  The one thing they don't have control over is a grand jury.
[01:15:26.440 --> 01:15:30.360]  Does that make sense, Mike?
[01:15:30.360 --> 01:15:31.360]  Crystal clear.
[01:15:31.360 --> 01:15:34.240]  Thank you very much, Randy.
[01:15:34.240 --> 01:15:36.240]  I really appreciate that.
[01:15:36.240 --> 01:15:38.640]  Turn this into a suspense novel.
[01:15:38.640 --> 01:15:39.640]  Okay.
[01:15:39.640 --> 01:15:46.200]  Yeah, you've got enough here to do this.
[01:15:46.200 --> 01:15:50.600]  And if you know someone who's a good writer, you might try to get someone to turn this
[01:15:50.600 --> 01:15:57.520]  into a suspense novel and then give that suspense novel to the grand jury.
[01:15:57.520 --> 01:16:04.120]  I've had that request made of me dozens of times that they find this story for some reason
[01:16:04.120 --> 01:16:05.120]  enthralling.
[01:16:05.120 --> 01:16:10.880]  I don't know, I'm not sure if I share that opinion, but a lot of people have wanted me
[01:16:10.880 --> 01:16:18.640]  to produce it in the form of a book or a series of articles, perhaps in the Austin Chronicle
[01:16:18.640 --> 01:16:21.960]  or the Texas monthly magazine.
[01:16:21.960 --> 01:16:29.760]  Well, I'm saying write a novel for the grand jury.
[01:16:29.760 --> 01:16:30.760]  Okay.
[01:16:30.760 --> 01:16:40.920]  And use the same kind of tools and techniques that novelists use, pacing, reading, reality
[01:16:40.920 --> 01:16:41.920]  stacking.
[01:16:41.920 --> 01:16:47.680]  You set a set of facts that would lead them to a certain conclusion and then state the
[01:16:47.680 --> 01:16:50.800]  conclusion after you've got them to come to that conclusion.
[01:16:50.800 --> 01:16:56.440]  And then they think you're really smart because you came up with the same conclusion they
[01:16:56.440 --> 01:16:57.440]  did.
[01:16:57.440 --> 01:16:58.440]  Hang on, Randy Kelton.
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[01:19:24.800 --> 01:19:45.160]  Okay, we are back, we're at the Kelton Debra Stephens, we're talking to Mike in Texas.
[01:19:45.160 --> 01:19:52.720]  Mike, you've been through this long enough, we really need one of these for the Supreme
[01:19:52.720 --> 01:19:57.440]  Court because you do have your appeal into the Supreme Court.
[01:19:57.440 --> 01:20:10.320]  The reason I say a novel is you want to write a story that a person can read and fall into
[01:20:10.320 --> 01:20:13.680]  and not get confused or lose their place.
[01:20:13.680 --> 01:20:20.560]  You read a lot of these legal documents and they're written like they're written for some
[01:20:20.560 --> 01:20:24.560]  creature that doesn't exist on the earth because nobody can understand them.
[01:20:24.560 --> 01:20:35.760]  It should be written like a novel so that you use the techniques developed for prose
[01:20:35.760 --> 01:20:42.640]  that have the effect of catching the attention and leading a person along.
[01:20:42.640 --> 01:20:49.120]  You know in good writing you always try to anticipate any question you may create in
[01:20:49.120 --> 01:20:56.520]  the mind of the reader and make sure you answer that question before you create it or soon
[01:20:56.520 --> 01:20:58.400]  after you create it.
[01:20:58.400 --> 01:21:05.320]  Generally in legal documents we don't do this kind of stuff and you do the story by telling
[01:21:05.320 --> 01:21:11.040]  them what you're going to tell them, by laying plants that lead them to expect something
[01:21:11.040 --> 01:21:13.400]  then give them what they expect.
[01:21:13.400 --> 01:21:22.160]  There are some very powerful tools in writing for novels and interest that will be of great
[01:21:22.160 --> 01:21:24.680]  service here.
[01:21:24.680 --> 01:21:30.880]  You get a good story, you get a grand jury who looks at this and says this is exactly
[01:21:30.880 --> 01:21:35.600]  the kind of thing that could happen to me then there's a chance you could actually get
[01:21:35.600 --> 01:21:40.600]  an indictment.
[01:21:40.600 --> 01:21:49.240]  Are you ready to go Mike?
[01:21:49.240 --> 01:21:50.240]  We do need to move along.
[01:21:50.240 --> 01:21:51.840]  Do you have anything else for us?
[01:21:51.840 --> 01:21:52.840]  That's all.
[01:21:52.840 --> 01:22:00.800]  Just wanted to let you know your current progress and I do appreciate that advice and it is
[01:22:00.800 --> 01:22:04.920]  going to be my next step, next set of steps.
[01:22:04.920 --> 01:22:12.720]  Okay, thanks Mike and keep us up to date and if you get an outline put together, if you
[01:22:12.720 --> 01:22:15.640]  want to send it to me I'd very much like to go over.
[01:22:15.640 --> 01:22:16.640]  Sure, absolutely.
[01:22:16.640 --> 01:22:19.320]  Are you in Austin?
[01:22:19.320 --> 01:22:23.880]  I'm in Austin at the moment but I'll be heading back in the morning.
[01:22:23.880 --> 01:22:24.880]  Okay.
[01:22:24.880 --> 01:22:25.880]  Okay.
[01:22:25.880 --> 01:22:26.880]  Okay.
[01:22:26.880 --> 01:22:31.120]  Well thank you very much Randy and I'll get going on the line.
[01:22:31.120 --> 01:22:32.120]  Okay thank you Mike.
[01:22:32.120 --> 01:22:34.440]  Now we're going to go to Jeff in Texas.
[01:22:34.440 --> 01:22:36.880]  Hello Jeff, what do you have for us tonight?
[01:22:36.880 --> 01:22:40.160]  Hello Randy, how are you doing?
[01:22:40.160 --> 01:22:41.160]  Doing good.
[01:22:41.160 --> 01:22:42.160]  Good, good.
[01:22:42.160 --> 01:22:51.640]  Listen, this is something I'm not sure how familiar you are with this but my wife Jackie,
[01:22:51.640 --> 01:22:58.480]  we live in an apartment complex and her car was stolen out of the complex on, well not
[01:22:58.480 --> 01:23:01.960]  this past Tuesday but the one before.
[01:23:01.960 --> 01:23:08.640]  And it had a ignition interlock installed in it which really I thought made it extra
[01:23:08.640 --> 01:23:15.440]  hard to get into and I suspected that after doing some research a little bit online on
[01:23:15.440 --> 01:23:22.560]  the particular company that does the towing here in the complex, Southway and sure enough
[01:23:22.560 --> 01:23:28.080]  after about a week and a half almost today I finally got them to cop up the video because
[01:23:28.080 --> 01:23:36.960]  they have a camera up at the front gate and so I just don't know where to actually go
[01:23:36.960 --> 01:23:37.960]  with it.
[01:23:37.960 --> 01:23:40.560]  Okay what was in the video?
[01:23:40.560 --> 01:23:43.520]  The tow truck towing away her car.
[01:23:43.520 --> 01:23:48.320]  Okay you were given no notice that the car was towed?
[01:23:48.320 --> 01:23:52.520]  When I called the impound, the first thing that happened when the car went missing is
[01:23:52.520 --> 01:24:01.120]  I called the record company and they said that they had no record of the car being there
[01:24:01.120 --> 01:24:07.960]  so I immediately called Jackie and I told her that the record company didn't have anything
[01:24:07.960 --> 01:24:14.200]  she reported stolen so she did and when APD did the police report they say that they do
[01:24:14.200 --> 01:24:22.240]  a city wide check or because I guess the companies report to them each time they pick up a car
[01:24:22.240 --> 01:24:32.080]  and they said that in fact it had not been logged or recorded so they did the police
[01:24:32.080 --> 01:24:38.880]  report and the apartment complex had been just kind of procrastinating and kind of brushing
[01:24:38.880 --> 01:24:47.480]  us off about getting the video and finally we I guess were able to squeeze them and they
[01:24:47.480 --> 01:24:57.160]  produced it only after the police actually made an initial phone call a few days ago.
[01:24:57.160 --> 01:25:01.320]  Could you recognize the tow truck driver?
[01:25:01.320 --> 01:25:05.200]  You can't recognize the tow truck driver you can just recognize the tow truck.
[01:25:05.200 --> 01:25:12.600]  Well that's good enough you filed Grand Theft Auto against the towing company and filed
[01:25:12.600 --> 01:25:18.640]  civil action against the towing company and they complained against their license they
[01:25:18.640 --> 01:25:28.200]  have to be licensed and bonded and you don't have to prove who at the towing company actually
[01:25:28.200 --> 01:25:39.240]  stole your automobile it's enough that it was a towing company truck and the towing
[01:25:39.240 --> 01:25:43.000]  company hasn't reported the truck missing.
[01:25:43.000 --> 01:25:46.920]  Were you able to get a license plate off the truck?
[01:25:46.920 --> 01:25:50.720]  You can't get a license plate off the truck the video camera footage is not good enough
[01:25:50.720 --> 01:25:56.320]  but you can clearly like identify certain and like the towing truck the tow truck was
[01:25:56.320 --> 01:26:00.480]  actually here at the apartments today and I took very good photos of it and I got the
[01:26:00.480 --> 01:26:05.400]  license plate number off it today however in the video you can only you can only clearly
[01:26:05.400 --> 01:26:11.320]  point out like it's got like pink dollies that are on the sides of it and you can recognize
[01:26:11.320 --> 01:26:17.320]  the logo that's on the side but you know the plate is only the license plate on the tow
[01:26:17.320 --> 01:26:24.680]  truck is up in the rear by the headache rack yeah the lights at night like completely blinded
[01:26:24.680 --> 01:26:36.400]  out so okay is the truck in the video apparently the same make and model of the truck that
[01:26:36.400 --> 01:26:42.640]  you photographed today yes it's clearly like I could I could even email you the pictures
[01:26:42.640 --> 01:26:47.960]  and you could you would be able to clearly tell do you know if the towing company has
[01:26:47.960 --> 01:26:58.960]  any other tow trucks of same make model as this one yeah I pulled the two DMVs on the
[01:26:58.960 --> 01:27:04.440]  on the owner of the company and he only has two registered tow trucks to his name one
[01:27:04.440 --> 01:27:09.220]  is a Ford and one is a Chevrolet and this one's clearly the Ford okay so it's not like
[01:27:09.220 --> 01:27:16.600]  he has a whole fleet and it can be one of a fleet you you've essentially positively
[01:27:16.600 --> 01:27:23.800]  identified the vehicle yes have the police have you given this to the police we just
[01:27:23.800 --> 01:27:32.120]  this has just happened today so we're supposed to be sending that over to the police however
[01:27:32.120 --> 01:27:35.320]  I just wanted to see if there was a better route in going about this I wanted to file
[01:27:35.320 --> 01:27:42.120]  the charges myself because they're the police seem to just not really be I guess they're
[01:27:42.120 --> 01:27:47.040]  more concerned with the fact that the that me and my my wife are not really my department's
[01:27:47.040 --> 01:27:53.760]  in my my dad's name for various reasons but so they're more concerned with the fact that
[01:27:53.760 --> 01:27:59.040]  we're not really residents there are on the lease here however the the the automobiles
[01:27:59.040 --> 01:28:08.960]  are hers that was stolen mine both had like the proper stickers on it so and the vehicle
[01:28:08.960 --> 01:28:15.160]  at the time was legally parked right yeah it was this if they towed the vehicle there's
[01:28:15.160 --> 01:28:20.680]  no evidence of them towing the vehicle this is that's theft yeah yeah this should have
[01:28:20.680 --> 01:28:26.080]  the fact that they didn't report it or log it that they had it it's irrelevant whether
[01:28:26.080 --> 01:28:32.120]  it was illegally parked or not right right right so I'm sorry but to answer your question
[01:28:32.120 --> 01:28:38.360]  I I'm going to be sending over the photos and everything to the police department but
[01:28:38.360 --> 01:28:44.080]  I just I guess I I knew that there's I was hoping that there was something more that
[01:28:44.080 --> 01:28:49.640]  I could do like as far as filing a criminal charge okay the company themselves before
[01:28:49.640 --> 01:28:58.520]  we jump on the police and start shaking her finger at them we have to give them opportunity
[01:28:58.520 --> 01:29:06.240]  to do the wrong thing I do this all the time and when they start jumping up and down waving
[01:29:06.240 --> 01:29:13.480]  their arms I told them don't kill the messenger I'm just following all the steps so you have
[01:29:13.480 --> 01:29:17.600]  essentially I've told them a number of times I don't get mad at me I'm just following
[01:29:17.600 --> 01:29:24.120]  the funder so you follow the steps first and this one's pretty clear-cut if they don't
[01:29:24.120 --> 01:29:34.120]  act you got a good shot at the police as well for misfeasance in office okay we're about
[01:29:34.120 --> 01:29:40.400]  to go to break hang on Randy Kelton's Debra Stevens rule of our radio our call-in number
[01:29:40.400 --> 01:30:00.800]  five one two six four six nineteen eighty four give us a call we'll be right back
[01:30:00.800 --> 01:30:06.120]  be aware the photocopier it could be reading recording and even passing judgments on the
[01:30:06.120 --> 01:30:10.560]  documents you copy I'm dr. Catherine Albrecht and I'll be back in just a moment to tell
[01:30:10.560 --> 01:30:15.720]  you about new Big Brother office equipment that could be monitoring your every word your
[01:30:15.720 --> 01:30:21.040]  search engine is watching you recording all your searches and creating a massive database
[01:30:21.040 --> 01:30:26.920]  of your personal information that's creepy but it doesn't have to be that way startpage.com
[01:30:26.920 --> 01:30:31.440]  is the world's most private search engine startpage doesn't store your IP address make
[01:30:31.440 --> 01:30:35.640]  a record of your searches or use tracking cookies and their third-party certified if
[01:30:35.640 --> 01:30:41.240]  you don't like Big Brother spying on you start over with startpage great search results and
[01:30:41.240 --> 01:30:46.840]  total privacy startpage.com the world's most private search engine the copy machine is
[01:30:46.840 --> 01:30:51.720]  broken or is it perhaps it just doesn't approve of what you want to copy cannon is rolling
[01:30:51.720 --> 01:30:56.840]  out Big Brother copiers printers and scanners with OCR capability that actually read the
[01:30:56.840 --> 01:31:01.680]  documents they process press all the buttons you like if those machines spy forbidden words
[01:31:01.680 --> 01:31:06.800]  they won't print cannons new printer lineup also tattles their machines can secretly record
[01:31:06.800 --> 01:31:11.920]  documents and email them to their masters when linked with user IDs detailed digital
[01:31:11.920 --> 01:31:16.800]  dossiers could catalog everything you print these systems are geared for office use but
[01:31:16.800 --> 01:31:22.360]  if we don't say I'll know now they could easily find their way into libraries local copy shops
[01:31:22.360 --> 01:31:31.000]  and even our own homes I'm Dr. Katherine Albrecht more news and information at KatherineAlbrecht.com
[01:31:31.000 --> 01:31:36.360]  this is building seven a 47-story skyscraper that fell on the afternoon of September 11
[01:31:36.360 --> 01:31:41.800]  the government says that fire brought it down however 1,500 architects and engineers concluded
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[01:31:45.720 --> 01:31:50.360]  lives and thousands of my fellow first responders are blind I'm not a conspiracy theorist I'm
[01:31:50.360 --> 01:31:53.880]  a structural engineer I'm a New York City correctional I'm an Air Force pilot I'm a
[01:31:53.880 --> 01:32:00.280]  father who lost his son we're Americans and we deserve the truth go to rememberbuildingseven.org
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[01:34:03.000 --> 01:34:32.040]  okay we are back Randy Kelton Debra Stevens rule of law radio we're talking to Jeff in
[01:34:32.040 --> 01:34:37.000]  Texas and Deb and I had a pretty good conversation on the break about this and
[01:34:39.480 --> 01:34:47.480]  she wanted me to ask you may have said this and I didn't quite hear it did the apartment manager
[01:34:50.120 --> 01:34:54.680]  indicate that the apartment complex had the automobile towed
[01:34:54.680 --> 01:35:02.040]  no I mean okay maybe I didn't ask that right did they say they had nothing to do with it
[01:35:05.080 --> 01:35:12.600]  they I guess that's what they were that that's what they implied because I did I did go and approach them
[01:35:15.320 --> 01:35:21.480]  basically the the apartment manager the late the lady at the front office was off on like a hiatus
[01:35:21.480 --> 01:35:29.720]  for like four days after it happened and you know being that the department is in my my stepdad's
[01:35:29.720 --> 01:35:35.480]  name I just went up to the front office and approached them and and said that I was you know
[01:35:36.040 --> 01:35:43.400]  my you know I'm son of my my stepdad's son and you know this is what happened and you know he was
[01:35:43.400 --> 01:35:48.600]  my dad was telling me that you know you've where he felt like you guys were giving him the cold
[01:35:48.600 --> 01:35:54.200]  shoulder and weren't you know producing information that he needs or the video and if they basically
[01:35:55.400 --> 01:35:59.320]  they had they were implying that you know that they had nothing to do with it right
[01:36:00.040 --> 01:36:05.560]  okay go ahead if if they're saying or even implying that they had nothing to do with it
[01:36:06.280 --> 01:36:14.520]  then this is it's I take it they have this towing company hired to tow cars that are
[01:36:14.520 --> 01:36:22.600]  to tow cars that are improperly parked the the issue that Debra was concerned about it may have
[01:36:22.600 --> 01:36:29.640]  been that the the tow truck manager he saw this car down there and he called the tow truck company
[01:36:29.640 --> 01:36:35.800]  and said he steal this car and we sell it and split the take so she was trying to see if they if
[01:36:35.800 --> 01:36:41.320]  they had any parking yeah I was reading a lot I was reading a lot about it and I know that the
[01:36:41.320 --> 01:36:47.400]  tow truck companies these guys bribe the apartment you know managers the leasing office managers with
[01:36:47.400 --> 01:36:53.640]  you know goodies and gift cards and stuff like that and furthermore this guy this guy that owns
[01:36:53.640 --> 01:36:59.960]  the tow truck company also has a sister company that's the salvage yard down off of 183 so
[01:37:01.480 --> 01:37:06.280]  I'm pretty aware of what what you know they're doing or what they're you know have already done
[01:37:06.280 --> 01:37:14.280]  to the car you're saying there's a good chance they've already parted it out yeah
[01:37:15.960 --> 01:37:22.440]  so that would be interesting the police may well be interested in the towing company as a chop shop
[01:37:25.240 --> 01:37:32.680]  but I would certainly give the the police an opportunity to do their job before
[01:37:32.680 --> 01:37:39.960]  I thumped him or tried to go around him you can certainly sue the apartment complex and the towing
[01:37:39.960 --> 01:37:50.920]  company okay the apartment complex is because you didn't hire that towing company your stepfather
[01:37:50.920 --> 01:37:59.320]  didn't hire that towing company and they didn't come to him and ask him if it was if he agreed
[01:37:59.320 --> 01:38:05.400]  with them hiring this towing company they hired the towing company so the towing company was
[01:38:06.280 --> 01:38:13.880]  therefore necessarily able to readily access the property without creating suspicion
[01:38:15.400 --> 01:38:22.920]  if the towing company turned out to be a thief in a chop shop not your responsibility you
[01:38:22.920 --> 01:38:29.960]  you have no contributing negligence the apartment complex has contributed negligence
[01:38:30.680 --> 01:38:38.280]  in hiring a criminal to tow cars from their property that makes sense yes sir so you name
[01:38:38.280 --> 01:38:44.280]  both of them and you can prove conclusively by their evidence they they produced that the
[01:38:44.280 --> 01:38:50.760]  towing company they hired towed the car now you have a suit against them regardless of what the
[01:38:50.760 --> 01:38:56.920]  police do yeah and i've got i've got recordings um you know every time that i went in there and
[01:38:56.920 --> 01:39:02.440]  talked to the apartment complex people and um and even some of the phone calls to the towing company
[01:39:02.440 --> 01:39:12.280]  i've got all recorded um you're a you're a good man very good i've been listening to your eddie's
[01:39:12.280 --> 01:39:19.240]  show uh for a while now and uh you know you guys always said to carry multiple video or audio
[01:39:19.240 --> 01:39:26.520]  recording at least audio so thank you guys very much for that good that this may well be what
[01:39:26.520 --> 01:39:36.600]  gets your car replaced so very good so i would look at filing a tort letter prepare a tort letter
[01:39:36.600 --> 01:39:44.440]  and send it to the apartment complex that's what the apartment complex is going to do is try to
[01:39:44.440 --> 01:39:53.480]  mitigate any liability so you get the department complex to roll over on the towing company
[01:39:55.800 --> 01:39:58.840]  because they're not going to want to be sued they're not going to want to be
[01:39:59.400 --> 01:40:07.800]  implicated in a auto theft and chop shop if this towing company is actually stealing cars and
[01:40:07.800 --> 01:40:14.840]  cutting them up at their salvage yard the department complex is not going to want to have
[01:40:14.840 --> 01:40:22.200]  anything to do with that so writing in the tort letter is going to like how let me almost make
[01:40:22.200 --> 01:40:31.560]  them cooperate with us or absolutely they're going to want to mitigate any uh liability they may have
[01:40:31.560 --> 01:40:37.800]  okay and get them to roll over on the towing company it may actually get them to help you go
[01:40:37.800 --> 01:40:43.800]  after the towing company to keep themselves from being liable right right that's smart yeah that's
[01:40:43.800 --> 01:40:49.480]  what i was yeah they got a show that they acted in good faith and they were not negligent
[01:40:50.200 --> 01:40:58.680]  you know we only hired a licensed and bonded towing company so we did due diligence and we
[01:40:58.680 --> 01:41:05.880]  had due diligence and we had nothing to do with them towing this particular vehicle so a tort
[01:41:05.880 --> 01:41:12.120]  letter to them will give them reason to give you what you need to go after the towing company with
[01:41:13.000 --> 01:41:23.160]  okay um and then one other thing the the car um is it's actually well my wife it's under her my
[01:41:23.160 --> 01:41:33.080]  wife's mom's name so does that kind of change the way that this has to no who had constructive
[01:41:33.080 --> 01:41:40.920]  possession okay okay yeah well actually the one who would actually do the the lawsuit would have
[01:41:40.920 --> 01:41:48.680]  to be someone with an interest in the vehicle okay but as to the criminal side anybody can make
[01:41:48.680 --> 01:41:55.880]  those accusations okay you have to have standing to sue you do not have to have standing to make
[01:41:55.880 --> 01:42:02.280]  criminal accusations okay and another question i mean so like the remedy for this i mean
[01:42:03.400 --> 01:42:07.400]  it'll you know chances are the car's parted out in a million pieces right now i mean if that's the
[01:42:07.400 --> 01:42:20.600]  case i mean in that case you want new Cadillac yeah new Cadillac my my wife's sitting here with
[01:42:20.600 --> 01:42:24.840]  me so she she asked uh you know is this is this going to help get my car back but i said
[01:42:26.200 --> 01:42:30.600]  so that's why that's why i asked you so yeah maybe it'll help you get the car back
[01:42:30.600 --> 01:42:39.960]  uh it'll help you get remedy right uh it'll give you the the towing company is going to be bonded
[01:42:42.280 --> 01:42:47.880]  so you really care about their their insurance company yeah her other question was that uh she
[01:42:47.880 --> 01:42:54.520]  had that interlock device on there and uh the interlock people are interlock uh device people
[01:42:54.520 --> 01:43:01.560]  at smart starter over kind of pressuring her because she didn't have insurance on the device so
[01:43:05.160 --> 01:43:13.560]  wait a minute interlock device is that like for for the for driving while intoxicated oh okay okay
[01:43:13.560 --> 01:43:22.120]  so or does that that thing have any tracking on it it didn't and i was going to add uh in her case
[01:43:22.120 --> 01:43:27.160]  it was more like she was sleeping in her car not really driving but you know the wall works but
[01:43:28.680 --> 01:43:34.920]  yeah okay well no i'm just wondering about the device itself if it had uh telemetry on it
[01:43:40.120 --> 01:43:44.120]  so you don't have anything you don't have like an on-star or something that lets you find the car
[01:43:45.160 --> 01:43:50.840]  no sir i wish i wish that it would have been one of those you might buy a burner phone stick
[01:43:50.840 --> 01:43:57.560]  it in your car so you can trace it hang on randy kelton use the deborah stephens rule
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[01:46:22.920 --> 01:46:29.720]  okay we are back randy kelton deborah stevens rule of law radio
[01:46:30.600 --> 01:46:38.040]  and uh jeff are we do we pretty well have you up to speed yes sir um yes sir so i just want to
[01:46:38.040 --> 01:46:43.640]  kind of get this straight so um we need to do a tort letter to the apartment complex
[01:46:44.440 --> 01:46:50.680]  yes give the give the detective over at apd an opportunity to do the right thing and then
[01:46:50.680 --> 01:46:58.520]  um i guess i will be following up with you to you know well i guess if they don't do the right thing
[01:46:59.320 --> 01:47:06.680]  yeah you'd send him a tort letter saying that the towing company you hired apparently stole our
[01:47:06.680 --> 01:47:17.080]  vehicle and therefore you you have a duty to replace our vehicle make us whole or be suit
[01:47:17.080 --> 01:47:21.720]  or you probably don't want to do that first you might want to talk to management and tell them
[01:47:21.720 --> 01:47:29.800]  what happened and give them opportunity it might be best if you can get an email and give them
[01:47:30.760 --> 01:47:35.720]  just general notice of what went on and ask them what they intend to do to make you whole
[01:47:36.600 --> 01:47:45.640]  and give them opportunity not to do the right thing you know ask them to rent you a car until
[01:47:45.640 --> 01:47:53.720]  you they can get the towing company to bring your car back okay you know assume that it wasn't
[01:47:53.720 --> 01:48:00.440]  stolen for this purpose assume that they took your car by mistake and they've misplaced it
[01:48:01.240 --> 01:48:07.320]  okay that's right but that's your car and you have a right to it so since this is a company
[01:48:07.320 --> 01:48:14.280]  hired by the complex ask the complex to make you whole by making a vehicle that's not yours
[01:48:14.280 --> 01:48:20.840]  by making a vehicle available to you until such time as this one can be returned
[01:48:21.960 --> 01:48:29.960]  and then when they refuse then you send them a tort letter claiming that by their behavior
[01:48:29.960 --> 01:48:36.680]  their actions you've been harmed and they have been recalcitrant to make restitution
[01:48:36.680 --> 01:48:45.320]  therefore make me whole or be sued make me whole by this date or be sued you're going to give them
[01:48:45.320 --> 01:48:52.920]  like 30 days but if you have to have the car to go to work and such give them 10 days yeah yeah
[01:48:54.360 --> 01:49:00.200]  and then that'll get them after the towing company and your car may miraculously appear in your
[01:49:00.200 --> 01:49:08.200]  driveway okay that sounds like uh that that actually makes a lot of sense yeah that that
[01:49:08.200 --> 01:49:13.480]  may be better than having all this fight the thing you primarily want your automobile back
[01:49:14.760 --> 01:49:23.160]  right now um do you by any chance have any uh like uh like rough drafts of a tort letter like you do
[01:49:23.160 --> 01:49:31.080]  on on jerson uh the jerson prudence site or no i don't write write one up and email it to me
[01:49:31.080 --> 01:49:38.440]  and i'll i'll go over it okay all righty okay just send it to randy at who is our radio.com
[01:49:39.400 --> 01:49:44.040]  okay perfect perfect okay thank you jeff appreciate it i really appreciate you and
[01:49:44.040 --> 01:49:49.400]  deborah thank you all guys so much y'all have a good night okay if if it works out real good for
[01:49:49.400 --> 01:49:56.040]  you don't forget to to donate to randy's beer fund now i know now deborah's going to come in
[01:49:56.040 --> 01:50:01.560]  and talk about other stuff but the real important part about the radio show is randy's beer fund
[01:50:02.280 --> 01:50:04.680]  i'm going to try to get you a Cadillac out of all this randy
[01:50:06.840 --> 01:50:13.320]  okay thank you jeff okay now we're going to go to eric in texas hello eric
[01:50:13.320 --> 01:50:18.520]  eric hello eric
[01:50:20.840 --> 01:50:23.640]  hello can you hear me hello yeah now i can hear you
[01:50:25.320 --> 01:50:30.920]  sorry i was on mute if not i thought maybe i had put you to sleep you know i have that same problem
[01:50:31.880 --> 01:50:35.640]  that gremlin sneak in here and mute my mic when i'm not looking
[01:50:38.360 --> 01:50:41.720]  well i must confess i did it myself i just forgot i was on mute oh wait a
[01:50:41.720 --> 01:50:49.080]  minute that is unmanly men do not admit to making mistakes we always got to blame it on something else
[01:50:52.200 --> 01:51:02.360]  okay go ahead what do you have for us then um i have i've been started with a felony um drug
[01:51:02.360 --> 01:51:07.000]  case and this happened at a traffic stop and i'd like to just run through all the steps all the way
[01:51:07.000 --> 01:51:13.000]  to the way up to the um magistration in the morning and okay hold on go quickly because
[01:51:13.000 --> 01:51:20.440]  we've only got one segment okay so i'll stop for uh license plate light they said this will be real
[01:51:20.440 --> 01:51:27.400]  quick uh they found out that i was failing to maintain financial responsibility they told me
[01:51:27.400 --> 01:51:33.160]  they were going to bring a dog and then they pulled me out of the car not pulling me they asked me to
[01:51:33.160 --> 01:51:39.080]  step out of the car then they put cuffs on me and then i'm familiar with there's there's case
[01:51:39.080 --> 01:51:43.640]  precedents saying you can't hold someone waiting for dogs so i looked over the officer and i said
[01:51:44.280 --> 01:51:47.640]  is that ticket done yet and he says yeah i said do you want me to find that
[01:51:48.760 --> 01:51:57.240]  and uh no and uh so we waited a while for dogs to show up um dogs went around the car is a passive
[01:51:57.240 --> 01:52:03.800]  alert dog which uh interestingly and interesting enough it alerts by sitting down um
[01:52:05.800 --> 01:52:11.800]  they searched my car oh so they said they're doing the dog on a reasonable suspicion and
[01:52:11.800 --> 01:52:21.240]  the reasonable suspicion is that i have a uh felony convictions in 97 in florida and i don't feel that's
[01:52:21.240 --> 01:52:30.120]  an appropriate reasonable suspicion but they it's not the reasonable suspicion has to be immediate
[01:52:33.320 --> 01:52:37.320]  and they walked the dog around they said the dog alerted but you couldn't see the dog alert
[01:52:37.320 --> 01:52:44.280]  because on the far side of the car um and i'm thinking they were just going on a fishing
[01:52:44.280 --> 01:52:51.880]  expedition and uh so they found something i still didn't see what they found but i have an idea what
[01:52:51.880 --> 01:53:02.520]  it might have been um and then i was when i was brought to there on the way to uh to the jail i
[01:53:02.520 --> 01:53:11.160]  said i'd like to see a magistrate and uh they said oh this is you know i'd like to see a magistrate
[01:53:11.160 --> 01:53:15.640]  like examining trial and he said you'll see a magistrate in the morning i said i thought
[01:53:15.640 --> 01:53:19.240]  you're supposed to take me to one immediately and you can go to the next county if need be
[01:53:19.880 --> 01:53:27.880]  he's like no that's only for certain i forgot what he said but anyway so it's only for felony
[01:53:28.440 --> 01:53:36.120]  that's what they say um it was felony i i know i got you that was the point i was making
[01:53:36.120 --> 01:53:45.160]  oh um and then in the in the morning i went to fill the magistrate um i requested examining
[01:53:45.160 --> 01:53:50.680]  trial basically i was finding off on a bunch of warnings is all they were doing and uh the
[01:53:50.680 --> 01:53:58.600]  magistrate said well uh we're not doing that here today uh the first thing of the warnings was
[01:53:58.600 --> 01:54:02.360]  this case has not been filed with this court meaning it's not a jp court going to go to a
[01:54:02.360 --> 01:54:10.040]  district court um she said that'll happen some other time in the future uh with that court
[01:54:11.080 --> 01:54:17.960]  and i asked you to complain they didn't have it there yet and uh and that's basically where
[01:54:17.960 --> 01:54:26.600]  i want to leave you with and want to know what case precedents cover the holding someone past the
[01:54:26.600 --> 01:54:40.600]  okay go to juris imprudence.com okay pull out the habeas corpus top frog on the left
[01:54:43.080 --> 01:54:48.840]  it walks right down the code these are the things they're supposed to do
[01:54:48.840 --> 01:55:00.040]  and there are any number i generally i can find about 19 different violations they make to every
[01:55:01.320 --> 01:55:02.840]  arrest
[01:55:05.880 --> 01:55:13.800]  okay so the habeas corpus uh yeah just read that habeas corpus it walks right down the code
[01:55:13.800 --> 01:55:23.960]  right down the code as state and federal law it's all texas specific and it pretty well goes through
[01:55:23.960 --> 01:55:29.640]  the requirement to take you to a magistrate when you went before the magistrate and you asked for
[01:55:29.640 --> 01:55:36.200]  an examining trial and he said the case wasn't filed in this court and that he wasn't going to
[01:55:36.200 --> 01:55:42.840]  hold the examining trial here well he had no jurisdiction other than for due to do anything
[01:55:42.840 --> 01:55:52.920]  other than hold an examine trial so you can uh you charge him with official oppression
[01:55:54.520 --> 01:56:03.000]  go ahead so that that examining trial is to uh for probable cause prompt probable cause right
[01:56:03.800 --> 01:56:11.640]  yeah see it wasn't intended that a policeman hold the key to the jailhouse door it was intended that
[01:56:11.640 --> 01:56:18.360]  a policeman and gurstein pews is one of the first cases that i reference it says that
[01:56:19.480 --> 01:56:23.240]  the courts would prefer that every arrest be made on an existing warrant
[01:56:24.040 --> 01:56:30.840]  but that's not practical so as a practical compromise they allow a police officer to arrest on
[01:56:30.840 --> 01:56:41.960]  uh reasonable suspicion or on-site offense and to hold the person for the amount of time it takes to
[01:56:41.960 --> 01:56:52.200]  do those things ancillary to arrest in order to ensure against the escape of the accused and
[01:56:52.200 --> 01:56:59.480]  ensure the safety of the officer once those goals are achieved the authority of the officer to hold
[01:56:59.480 --> 01:57:06.520]  evaporates he must get the person before a magis neutral magistrate for an examining trial
[01:57:07.320 --> 01:57:13.000]  and it's the magistrate who determines if you go to jail or not not the police officer
[01:57:14.680 --> 01:57:20.120]  but they don't do that they just routinely take you through in jail and hold you and the police
[01:57:20.120 --> 01:57:26.360]  are complaining because we're putting more and more constraints on them and that's because
[01:57:26.360 --> 01:57:33.400]  they're not following law we don't trust them they and they also go ahead holding my they also
[01:57:33.400 --> 01:57:39.160]  have holding my car and said i'll get a separate civil case for forfeiture on that now yeah they're
[01:57:39.160 --> 01:57:45.160]  going to they're going to try to swallow your vehicle but where you would go back to is them
[01:57:45.160 --> 01:57:54.040]  holding you in order to bring in the drug dump now what they're going to try to do is charge you with
[01:57:54.040 --> 01:58:00.040]  is charge you with the worst thing they possibly can so they can deal you down to something very
[01:58:00.040 --> 01:58:07.560]  less less severe that they can get you to take a deal for so they're playing poker with you need
[01:58:07.560 --> 01:58:16.680]  to play it back go after them with everything you can and let them deal back my last case
[01:58:16.680 --> 01:58:22.120]  if you know what i might have to do that route okay uh okay we're about out of time if you have
[01:58:22.120 --> 01:58:27.640]  more questions call it tomorrow night we'll have a four hour show there and then due process is
[01:58:27.640 --> 01:58:32.520]  one of the things we'd like to talk about so we'll be back tomorrow night thank you all for
[01:58:32.520 --> 01:58:39.240]  listening make sure you tune in tomorrow to our four hour info marathon thank you all for listening
[01:58:39.240 --> 01:58:50.360]  and good night
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