ROL_2015-10-23_16k_Hr3-4.timecode

[00:00.000 --> 00:10.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:45.000]  Markets for the 21st of October 2015 opened up with gold at $1,166 an ounce, silver $15.70 an ounce, Texas crude $45.55 a barrel, and Bitcoin is currently sitting at about $269 U.S. currency.
[00:45.000 --> 00:53.000]  In history, Friday, October 21, 1774, the first display of the word liberty on a flag is raised by colonists in Taunton, Massachusetts.
[00:53.000 --> 00:57.000]  It was in defiance to British rule of colonial America.
[00:57.000 --> 00:59.000]  The Taunton flag was one of the earliest of the colonial flags.
[00:59.000 --> 01:04.000]  It simply was the Queen Anne flag with the words liberty and union sewn onto the red field.
[01:04.000 --> 01:08.000]  The Boston Evening Post reported the incident and the idea caught on.
[01:08.000 --> 01:16.000]  Flags with the identical or similar mottos began appearing throughout the colonies.
[01:16.000 --> 01:25.000]  In recent news, a U.S. F.A. 18C Hornet belonging to the 232 Marine Attack Fighter Squadron attacked en route from Bahrain to the United States.
[01:25.000 --> 01:34.000]  The fighter jet took off from the RAF Lakenheath and Suffolk, a U.S. base, and went down in farmland east of England near the town of Eli.
[01:34.000 --> 01:40.000]  The plane crashed at around 10.30 a.m. English time today or 5.30 a.m. Eastern Standard Time.
[01:40.000 --> 01:51.000]  British police and U.S. military sources said that the crash was fatal for the one pilot on board.
[01:51.000 --> 01:59.000]  The hard disk manufacturer Western Digital said that it would buy out Sandisk Corp in a deal valued roughly about $19 billion.
[01:59.000 --> 02:10.000]  This is obviously projected to increase business for memory storage chips used in smartphones and mobile devices.
[02:10.000 --> 02:14.000]  In honor of Back to the Future Day, the date that Marnic McFly and Doc Brown traveled through time,
[02:14.000 --> 02:21.000]  in 1989's Back to the Future Part II, Christopher Lloyd and the infamous DeLorean returned to deliver a special message for fans.
[02:21.000 --> 02:31.000]  Great start! If my calculations are correct, it is now, precisely, October 21st, 2015.
[02:31.000 --> 02:36.000]  The future has finally arrived. Yes, it is different than we all thought.
[02:36.000 --> 02:42.000]  But don't worry. It just means your future hasn't been written yet. No one has.
[02:42.000 --> 02:52.000]  Your future is whatever you make it. So make it a good one.
[02:52.000 --> 03:16.000]  This has been your Lowdown for October 21st, 2013.
[03:16.000 --> 03:27.000]  I received my remedy today. It came in a box just like they say. I accepted it for value right away.
[03:27.000 --> 03:39.000]  It's not true. Not later. We are originators and the pathways seem to get straighter every day.
[03:39.000 --> 03:50.000]  And I can take anything that belongs to me and put it to good use. Whatever's good for the gander.
[03:50.000 --> 04:02.000]  Okay, we are back. Randy Kelton, Google Our Radio. And we're talking to Charles in Georgia.
[04:02.000 --> 04:16.000]  Okay. How long ago was this hearing? Okay, you filed for a motion for a new trial and was there a hearing on the motion?
[04:16.000 --> 04:23.000]  Yes, the hearing was two days ago. Okay, has the judge made a ruling yet? No.
[04:23.000 --> 04:36.000]  Okay, the fact that the prosecutor brought up the existence of a new witness and you didn't.
[04:36.000 --> 04:45.000]  If the prosecutor was really trying to keep you from having a new trial, that was a really dumb thing to do.
[04:45.000 --> 04:52.000]  Since it was your motion, did your lawyer address the issue first?
[04:52.000 --> 05:04.000]  He never addressed that issue at all. At all. No, no, no. I mean, did he address the motion first? Yes.
[05:04.000 --> 05:10.000]  He argued your side and he didn't bring up the witness? No.
[05:10.000 --> 05:20.000]  That's kind of, I would think that on the part of the prosecutor, that was a really big oops.
[05:20.000 --> 05:29.000]  You should never have mentioned a new witness. A new witness is almost certainly grounds for a new trial.
[05:29.000 --> 05:37.000]  And she gave you grounds for a new trial. Good chance you're going to get it.
[05:37.000 --> 05:54.000]  I hear from everything that we have, as of last year, they have updated the rules of evidence and they have, I think it's rule 815 or something like that here.
[05:54.000 --> 06:09.000]  Whatever was not raised at the trial, whatever witnesses that could reasonably be found at the trial cannot be used as an issue for a motion for a new trial.
[06:09.000 --> 06:19.000]  Can't do it. Cannot do it. Yeah, if it was a witness that you were aware of. Yes.
[06:19.000 --> 06:25.000]  But this wasn't a witness that you were aware of? No.
[06:25.000 --> 06:35.000]  Did your lawyer rebut and state to the court that this was a witness you were not aware of?
[06:35.000 --> 06:53.000]  No, he did not rebut. The judge actually stepped in and said, you know, and kind of asked her, you know, and told her that my lawyer did not bring up those issues.
[06:53.000 --> 06:59.000]  That's what she told her. She said he did not raise those issues.
[06:59.000 --> 07:09.000]  She said to the prosecutor, are you out of your mind? Basically, that's what she told her. Yeah. Yeah, that's what the lawyer told her.
[07:09.000 --> 07:15.000]  Basically, I mean, that's what the judge basically told the prosecutor, basically, without saying that.
[07:15.000 --> 07:21.000]  Good chance you're going to get the new trial now.
[07:21.000 --> 07:30.000]  It's before the court. Doesn't matter who brought it. There's a new witness. It's before the court.
[07:30.000 --> 07:43.000]  If the judge denies you a new trial, almost certainly the Court of Appeals is going to kick it back.
[07:43.000 --> 07:57.000]  You should send the prosecutor a thank you letter. You've got to consider they're not going to be the sharpest knives in the drawer,
[07:57.000 --> 08:10.000]  because if they were the sharpest knives in the drawer, they'd be out making the big bucks, be out with the corporate law firms pulling down major money, but they're not.
[08:10.000 --> 08:18.000]  So you have lawyers here who aren't really top of the line, and that gives you a great advantage.
[08:18.000 --> 08:29.000]  And with the way the system is rigged, everybody needs all the advantage they can get. So this sounds good. This sounds great.
[08:29.000 --> 08:34.000]  Sounds like you've got the prosecutor on your side, whether she intends to be or not.
[08:34.000 --> 08:46.000]  But then again, she may have done this on purpose, because technically it's her duty.
[08:46.000 --> 08:56.000]  So you might look more closely at this lawyer. Lawyers aren't always total scoundrels.
[08:56.000 --> 09:04.000]  I talked to a lawyer who was an assistant county attorney in the county where I live. It was a very small county.
[09:04.000 --> 09:13.000]  And I was in there just ragging on him about procedure in his office. And he said, one moment, Mr. Kelvin.
[09:13.000 --> 09:24.000]  He walked around the desk, went over and closed the door, came back and sat down. And he said, if you repeat this, I will deny it.
[09:24.000 --> 09:36.000]  He said, I used to work for Tarrant County in the prosecutor's office, and it was so bad, I just could not do it anymore.
[09:36.000 --> 09:45.000]  And that's why he came out to the small county and he said, Mr. Kelvin, don't stop. I can't fix this.
[09:45.000 --> 09:50.000]  The police can't fix this. You may be the only one who can fix this. Don't stop.
[09:50.000 --> 09:56.000]  Then he got up, went back, opened the door, and we went back to our kitchen just like we were.
[09:56.000 --> 10:07.000]  So they're not all bad guys. They are in the end human beings. So it may be that rather than purpose or not,
[10:07.000 --> 10:18.000]  it may have been weighing on her that she may be trying to get an innocent man put in jail.
[10:18.000 --> 10:23.000]  So this is all good. Okay. You had two questions.
[10:23.000 --> 10:35.000]  All right. I sent a series of documents to you, and you may not have had a chance to get to them in my emails.
[10:35.000 --> 10:41.000]  But this was about the Michigan friend of the court.
[10:41.000 --> 10:46.000]  Yes, the trial custody issue.
[10:46.000 --> 11:02.000]  Yes, yes. I've been trying to send this notice of removal to the court there.
[11:02.000 --> 11:11.000]  Today I just got my notary, and I got two copies, and I guess I'll be mailing it tomorrow.
[11:11.000 --> 11:16.000]  Okay. How old is the case?
[11:16.000 --> 11:21.000]  How long ago did they file it?
[11:21.000 --> 11:28.000]  They filed the case on July 30th.
[11:28.000 --> 11:33.000]  You're too late. You've only got 30 days to remove.
[11:33.000 --> 11:39.000]  Well, see, the problem is, and this is what I called you about a couple weeks ago.
[11:39.000 --> 11:45.000]  The certificate of service, I live here in Georgia, and they sent that stuff to Michigan,
[11:45.000 --> 12:02.000]  and I just got wind of the first letter that my mom sent here in the first week of September or something like that.
[12:02.000 --> 12:12.000]  That's September. I'm sorry, about the second or third week of September is when I actually got the letter.
[12:12.000 --> 12:18.000]  Okay. So you're still close enough. Make sure you get that out, because you only have 30 days.
[12:18.000 --> 12:25.000]  Did you ever receive notice, or did you find out about the case some other way?
[12:25.000 --> 12:35.000]  I never received notice. What they did was they sent certified mail to the address in Michigan.
[12:35.000 --> 12:45.000]  Okay. What I'm looking for is to make sure you won't have a problem with being out of time.
[12:45.000 --> 12:58.000]  So since you never got actual notice, you can get kind of notice. You can find out about it without actually having notice.
[12:58.000 --> 13:07.000]  If you received a letter that referred to the case, that doesn't give you notice of the case.
[13:07.000 --> 13:14.000]  That just gives you an idea one exists, and then you go check and you find out about it.
[13:14.000 --> 13:21.000]  That's the time you have constructive notice. So you just found out about it a couple days before you sent this.
[13:21.000 --> 13:27.000]  You've got to make sure it's within 30 days of when you had constructive notice.
[13:27.000 --> 13:31.000]  That's how long you have to remove.
[13:31.000 --> 13:38.000]  So if you never got actual constructive notice and you just think there was a case and you file it,
[13:38.000 --> 13:43.000]  then they can't claim that you're out of time.
[13:43.000 --> 13:50.000]  You know, I'm pretty sure that I've never gotten any notice of the case being filed at all.
[13:50.000 --> 13:58.000]  You can state that in your removal that you never received notice,
[13:58.000 --> 14:05.000]  that you found out by secondary means now they can't claim that you're out of time.
[14:05.000 --> 14:12.000]  And all your notice needs to be is you give notice of appeal. That's all it is.
[14:12.000 --> 14:17.000]  You don't need any argument or explanation.
[14:17.000 --> 14:27.000]  Then once you file the notice of appeal, then you need to file a briefing support.
[14:27.000 --> 14:38.000]  All of the things you would think about putting in your notice of appeal to show cause as to why you are appealing,
[14:38.000 --> 14:46.000]  don't put it in there. Take that and put it in a points and authorities or briefing support.
[14:46.000 --> 14:54.000]  You file the notice. All the notices tells the clerk this has been removed and they're to send it to the federal district clerk.
[14:54.000 --> 14:58.000]  Federal district clerk will assign a judge to hear it.
[14:58.000 --> 15:09.000]  And then you file your points and authorities with this federal district court to show cause as to why it was removed.
[15:09.000 --> 15:18.000]  Point of that is you don't want to argue removal in the notice of removal because it would give the clerk some kind of idea
[15:18.000 --> 15:24.000]  that maybe her or the judge or the state had something to say about it.
[15:24.000 --> 15:27.000]  They don't have anything to say about it.
[15:27.000 --> 15:35.000]  Your notice of appeal of a removal is a removal. It's a done deal.
[15:35.000 --> 15:38.000]  You don't have to explain to them.
[15:38.000 --> 15:43.000]  But you do have to explain to the judge to keep him from remanding it.
[15:43.000 --> 15:46.000]  Okay. Does that make sense?
[15:46.000 --> 15:54.000]  Okay. I didn't realize. I was thinking I was filing my notice of appeal with the trial court and not in the federal court.
[15:54.000 --> 15:57.000]  No, you file it in the trial court.
[15:57.000 --> 15:58.000]  Okay.
[15:58.000 --> 16:00.000]  You file it with the clerk of the trial court.
[16:00.000 --> 16:06.000]  And all you do is give her notice this has been removed here.
[16:06.000 --> 16:10.000]  And giving her notice removes it.
[16:10.000 --> 16:13.000]  She don't need any explanation.
[16:13.000 --> 16:16.000]  She don't have any discretion.
[16:16.000 --> 16:24.000]  The state judge has no discretion. Once that notice is filed, it's removed and that's all there is to it.
[16:24.000 --> 16:31.000]  Then make up a set of arguments in support of removal and file that with the federal court.
[16:31.000 --> 16:41.000]  Once the federal district clerk sets a cause number and assigns it to a judge.
[16:41.000 --> 16:47.000]  Okay. So I would still have to make another trip up to Michigan anyway just so we can have the hearing of the removal.
[16:47.000 --> 16:49.000]  No, no. You can do all that by mail.
[16:49.000 --> 16:51.000]  Hang on. Ready to talk?
[16:51.000 --> 16:52.000]  Remove our radio?
[16:52.000 --> 16:55.000]  I'll call it number 512-646-1984.
[16:55.000 --> 17:11.000]  We'll be right back.
[17:25.000 --> 17:50.000]  We'll be right back.
[17:50.000 --> 17:55.000]  We'll be right back.
[18:20.000 --> 18:22.000]  We'll be right back.
[18:50.000 --> 18:52.000]  You may want to join us.
[18:52.000 --> 18:59.000]  As a distributor, you can experience improved health, help your friends and family, and increase your income.
[18:59.000 --> 19:02.000]  Order now.
[19:02.000 --> 19:12.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:17.000]  Only the father can deliver you.
[19:17.000 --> 19:23.000]  Don't let bad-minded people hurt you.
[19:23.000 --> 19:24.000]  Okay. We are back.
[19:24.000 --> 19:26.000]  Randy Kelton, Radio.
[19:26.000 --> 19:28.000]  We're talking to Charles in Georgia.
[19:28.000 --> 19:37.000]  And yes, Charles, do everything by mail, especially if you're pro se.
[19:37.000 --> 19:39.000]  Stay away from those people.
[19:39.000 --> 19:41.000]  Don't let them see you.
[19:41.000 --> 19:42.000]  Okay.
[19:42.000 --> 19:49.000]  Because they might want to ask you questions you don't know how to answer or you don't know not to answer.
[19:49.000 --> 19:58.000]  So as much as you might want to go down there and read them the Riot Act and tell them how to cow ate the cabbage, stay out of there.
[19:58.000 --> 20:02.000]  Do everything by mail.
[20:02.000 --> 20:04.000]  So you just mail in the rescission.
[20:04.000 --> 20:05.000]  Get the rescission.
[20:05.000 --> 20:08.000]  Get it mailed in tomorrow.
[20:08.000 --> 20:12.000]  All it says is you are hereby given notice this case is removed to the federal court.
[20:12.000 --> 20:15.000]  That's it.
[20:15.000 --> 20:16.000]  That's your notice of removal.
[20:16.000 --> 20:19.000]  Now it's removed.
[20:19.000 --> 20:27.000]  Now make up your arguments for the court to keep it in the federal court.
[20:27.000 --> 20:31.000]  And one thing you might need to check on.
[20:31.000 --> 20:45.000]  Since you're in Georgia, you might notice them that it is removed to the court that's local to where you live.
[20:45.000 --> 20:48.000]  Okay.
[20:48.000 --> 20:52.000]  But that's something I haven't researched.
[20:52.000 --> 21:05.000]  It's not an issue that's came up before generally when someone removes the issue, we mostly work with either criminal charges or foreclosure.
[21:05.000 --> 21:10.000]  And generally the criminal, the claim is at or near where somebody lives.
[21:10.000 --> 21:13.000]  Those are the properties certainly where somebody lives.
[21:13.000 --> 21:18.000]  So this issue of which court has jurisdiction doesn't apply.
[21:18.000 --> 21:26.000]  But since you are the defender, almost certainly you can bring it to your jurisdiction.
[21:26.000 --> 21:36.000]  But you might call your local federal court and tell them that you've been sued in Michigan,
[21:36.000 --> 21:39.000]  but you live here and you're removing it to the federal court.
[21:39.000 --> 21:46.000]  Ask them which court you should remove it to.
[21:46.000 --> 21:51.000]  See if you can pick the court and put the one in your jurisdiction.
[21:51.000 --> 21:55.000]  Almost certainly you will be able to.
[21:55.000 --> 21:56.000]  Okay.
[21:56.000 --> 21:58.000]  Well, good luck with that.
[21:58.000 --> 22:00.000]  Hey, listen, thank you very much.
[22:00.000 --> 22:02.000]  And I'll be sending you an email.
[22:02.000 --> 22:04.000]  And I really do appreciate that, buddy.
[22:04.000 --> 22:06.000]  You guys are doing a great job there.
[22:06.000 --> 22:07.000]  Okay.
[22:07.000 --> 22:08.000]  Well, good luck.
[22:08.000 --> 22:09.000]  Okay.
[22:09.000 --> 22:11.000]  Now we're going to Chris in Florida.
[22:11.000 --> 22:14.000]  Hello, Chris.
[22:14.000 --> 22:16.000]  Hello, Randy. Good evening.
[22:16.000 --> 22:17.000]  Good evening.
[22:17.000 --> 22:19.000]  What do you have for us today?
[22:19.000 --> 22:23.000]  I have a quick question for you today.
[22:23.000 --> 22:26.000]  Related to the decision letter.
[22:26.000 --> 22:27.000]  Wait a minute.
[22:27.000 --> 22:29.000]  I'm having a little trouble understanding.
[22:29.000 --> 22:35.000]  Can you move the mic a little below your mouth?
[22:35.000 --> 22:37.000]  That's better.
[22:37.000 --> 22:40.000]  Your mic was distorting.
[22:40.000 --> 22:41.000]  Very good.
[22:41.000 --> 22:44.000]  I have such a soft voice.
[22:44.000 --> 22:48.000]  I never have a problem with my mic distorting.
[22:48.000 --> 22:53.000]  I'm using a mixer here and I've got the mixer completely maxed out.
[22:53.000 --> 22:55.000]  Just so you can hear.
[22:55.000 --> 22:59.000]  If you have a good resonant voice and you get it too close,
[22:59.000 --> 23:04.000]  sometimes the mic is unable to reproduce all of it.
[23:04.000 --> 23:07.000]  Okay.
[23:07.000 --> 23:17.000]  So foreclosure case where the defendant holds a lack of standing as its core,
[23:17.000 --> 23:21.000]  as its main issue.
[23:21.000 --> 23:27.000]  The fact that you've mailed out a receding letter,
[23:27.000 --> 23:34.000]  wouldn't that go against the concept that you are trying to present?
[23:34.000 --> 23:35.000]  Wait a minute.
[23:35.000 --> 23:37.000]  You are breaking up.
[23:37.000 --> 23:41.000]  I'm only getting half of each of your words.
[23:41.000 --> 23:43.000]  It sounds like you're coming in on satellite.
[23:43.000 --> 23:48.000]  That's what satellite gives me, this kind of lag.
[23:48.000 --> 23:49.000]  Try to say that again.
[23:49.000 --> 23:52.000]  Maybe I can get it better.
[23:52.000 --> 23:53.000]  Here.
[23:53.000 --> 24:00.000]  The fact that the defendant on the foreclosure matter
[24:00.000 --> 24:08.000]  is using a lack of standing as the main issue.
[24:08.000 --> 24:14.000]  Wouldn't sending a receding letter defeat that purpose?
[24:14.000 --> 24:26.000]  Could the plaintiff base for supporting the fact that the defendant does know
[24:26.000 --> 24:33.000]  or does agree with the fact that the plaintiff does hold the interest?
[24:33.000 --> 24:34.000]  Wait a minute.
[24:34.000 --> 24:35.000]  I'm having a terrible time.
[24:35.000 --> 24:37.000]  I can't put all that together.
[24:37.000 --> 24:38.000]  I tell you what.
[24:38.000 --> 24:39.000]  Hang up and call right back.
[24:39.000 --> 24:43.000]  Maybe we'll get a better connection.
[24:43.000 --> 24:46.000]  Okay.
[24:46.000 --> 24:47.000]  Okay.
[24:47.000 --> 24:51.000]  This is Randy Kelton, We Love Radio.
[24:51.000 --> 25:04.000]  Until Chris calls back, I'll go back and talk a little bit about what's going on in Hays County.
[25:04.000 --> 25:06.000]  You're going to need to call back really fast.
[25:06.000 --> 25:07.000]  Okay.
[25:07.000 --> 25:08.000]  I'll go back to Chris.
[25:08.000 --> 25:16.000]  If we don't have any more callers, then I'll go back to what's going on in Hays County.
[25:16.000 --> 25:21.000]  Okay, he dropped off again, so I'll hang on until he gets back on.
[25:21.000 --> 25:24.000]  But I found some interesting stuff.
[25:24.000 --> 25:40.000]  I'm challenging the improper examining trial because it is the examining trial that generates jurisdiction for the court.
[25:40.000 --> 25:47.000]  Even in most of these cases I'm looking at, there are documents missing from the record.
[25:47.000 --> 25:54.000]  The primary document that's missing from the record is charging instrument, the complaint.
[25:54.000 --> 26:02.000]  Most of these cases I'm seeing, the cause is initiated by an indictment.
[26:02.000 --> 26:03.000]  Now, that can happen.
[26:03.000 --> 26:13.000]  A cause can be initiated by an indictment, but before an indictment can be filed with the court,
[26:13.000 --> 26:21.000]  if there is an indictment and there hasn't been an arrest, then the indictment can't be filed with the court.
[26:21.000 --> 26:32.000]  The clerk has to issue a capious, the person must be arrested, and then the indictment can be filed with the court.
[26:32.000 --> 26:34.000]  Now, that sounds like an odd thing.
[26:34.000 --> 26:36.000]  Why would you do a thing like that?
[26:36.000 --> 26:47.000]  Well, reason being is when a person who's accused of a crime has a right to an examining trial.
[26:47.000 --> 26:55.000]  And when a police officer arrests a person for any reason, with or without a warrant,
[26:55.000 --> 27:02.000]  the officer is required to take the person directly to the nearest magistrate,
[27:02.000 --> 27:06.000]  and the magistrate is required to hold an examining trial.
[27:06.000 --> 27:16.000]  And when they hold the examining trial, the police officer will give the capious to the magistrate.
[27:16.000 --> 27:28.000]  And then the magistrate will have to secure a complaint, because it is a complaint that gives the magistrate subject matter jurisdiction.
[27:28.000 --> 27:33.000]  And once the magistrate looks at the complaint, then the magistrate would hold an examining trial.
[27:33.000 --> 27:36.000]  And after the examining trial, you'll see all documents had in the hearing,
[27:36.000 --> 27:42.000]  because the name can be written across the seal of the envelope, sent it to the clerk of the court of jurisdiction.
[27:42.000 --> 27:48.000]  The judge is finding the probable cause, along with the criminal complaint,
[27:48.000 --> 27:54.000]  is what carries jurisdiction from the magistrate to the courts.
[27:54.000 --> 27:59.000]  Well, I'm looking through these records, and there are no complaints.
[27:59.000 --> 28:05.000]  I can't find where anybody has been accused of a crime.
[28:05.000 --> 28:07.000]  Well, that's not exactly true.
[28:07.000 --> 28:12.000]  On occasion, I find where someone's been accused of a crime.
[28:12.000 --> 28:13.000]  And Chris is back on.
[28:13.000 --> 28:16.000]  We'll talk to Chris when we come back.
[28:16.000 --> 28:20.000]  I will read you the very first one I looked at,
[28:20.000 --> 28:30.000]  and it demonstrates clearly why these requirements that are put on the magistrate are put on him the way they are,
[28:30.000 --> 28:34.000]  and why the judge should follow them meticulously.
[28:34.000 --> 28:39.000]  Okay, let's go back to Chris in Florida.
[28:39.000 --> 28:41.000]  Okay, Chris, we're back.
[28:41.000 --> 28:43.000]  Okay, very nice, Randy.
[28:43.000 --> 28:45.000]  I hope you can hear me better now.
[28:45.000 --> 28:47.000]  Oh, perfect.
[28:47.000 --> 28:49.000]  Wonderful.
[28:49.000 --> 28:53.000]  Randy, I have a quick one for you.
[28:53.000 --> 29:05.000]  A closure case where a defendant holds lack of spending as its main issue of defense.
[29:05.000 --> 29:12.000]  Wouldn't the fact of a defendant sending a precision letter,
[29:12.000 --> 29:23.000]  wouldn't that imply or couldn't the plaintiff use that as a base for the defendant to recognize the plaintiff's side?
[29:23.000 --> 29:26.000]  No, no.
[29:26.000 --> 29:32.000]  Okay, I see your point.
[29:32.000 --> 29:47.000]  Sending a precision letter implies that a loan exists, and you're believing that it would tend to waive your right to challenge subject matter jurisdiction.
[29:47.000 --> 29:48.000]  Okay, hang on.
[29:48.000 --> 29:51.000]  We're about to go to break, and we'll pick this up when we come back,
[29:51.000 --> 29:57.000]  and we'll talk about how you can't waive a right to challenge subject matter jurisdiction period.
[29:57.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:07.000]  Remember that a man's name is to him the sweetest and most important sound in the English language.
[30:07.000 --> 30:11.000]  Scientific research proves Dale Carnegie's famous words are true.
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[30:22.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[30:44.000 --> 30:50.000]  Researchers at the State University of New York say the sound of your name could influence your life decisions.
[30:50.000 --> 30:53.000]  It's a phenomenon they call implicit egotism.
[30:53.000 --> 30:58.000]  People prefer places, things, and professions they associate with themselves.
[30:58.000 --> 31:05.000]  For example, there are disproportionately more people named Kelly in California, and there are more Luises in St. Louis.
[31:05.000 --> 31:08.000]  It's not just because they're born there and given a related name.
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[31:19.000 --> 31:24.000]  And if you're named Laura or Larry, you're statistically much more likely to become a lawyer.
[31:24.000 --> 31:51.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[33:19.000 --> 33:29.000]  Yeah.
[33:29.000 --> 33:31.000]  Okay, we are back.
[33:31.000 --> 33:35.000]  Randy Kelton, Rule of Law Radio, and we're talking to Chris here in Florida.
[33:35.000 --> 33:45.000]  And that is a really good question because a rescission, you can only rescission, rescind a note that actually exists.
[33:45.000 --> 34:02.000]  However, if the person or entity has made the claim of a position, you can challenge their claims.
[34:02.000 --> 34:08.000]  You can file a rescission and it doesn't affect subject matter jurisdiction.
[34:08.000 --> 34:18.000]  If they have no standing to invoke, okay, let me back up just a little bit.
[34:18.000 --> 34:23.000]  This is Florida, so Florida is a judicial state.
[34:23.000 --> 34:31.000]  And in a judicial state, someone would have had to have made a claim.
[34:31.000 --> 34:36.000]  So your challenge would go to their claim.
[34:36.000 --> 34:44.000]  And if you can respond to their claim without granting subject matter jurisdiction,
[34:44.000 --> 34:51.000]  you can grant in personum if you respond to their claim without challenging in personum.
[34:51.000 --> 34:54.000]  That's jurisdiction over the person.
[34:54.000 --> 35:00.000]  But subject matter, there's nothing you can do to grant subject matter jurisdiction.
[35:00.000 --> 35:15.000]  So you need to be able to address whatever the issue this entity is bringing in case they're able to prove upstanding.
[35:15.000 --> 35:20.000]  Because if you just challenge standing and you lose that challenge,
[35:20.000 --> 35:24.000]  then you don't have your other arguments in place in time.
[35:24.000 --> 35:31.000]  So you can go ahead and argue as if they had standing.
[35:31.000 --> 35:37.000]  And this is the primary way you do that is say you challenge subject matter jurisdiction.
[35:37.000 --> 35:47.000]  In the alternative, and that means in the alternative, if the court rules against me on this issue,
[35:47.000 --> 35:55.000]  then they rescind the note or I make all these other claims.
[35:55.000 --> 35:59.000]  But rescission is something different.
[35:59.000 --> 36:02.000]  It's something special.
[36:02.000 --> 36:11.000]  Even if there was standing before the rescission, there's no standing after the rescission.
[36:11.000 --> 36:19.000]  Because if there was a note and security instrument, the rescission voids those.
[36:19.000 --> 36:21.000]  That's what I thought.
[36:21.000 --> 36:23.000]  So they go away.
[36:23.000 --> 36:31.000]  At the moment that you mail it out, basically removing the standing
[36:31.000 --> 36:42.000]  can automatically be a subject matter jurisdiction from the court on that request until they reestablish that within the 20 days.
[36:42.000 --> 36:50.000]  Well, if you file a removal, then that's the second level standing.
[36:50.000 --> 36:58.000]  The first level standing you want to file is they're standing as the holder.
[36:58.000 --> 37:05.000]  But if you've already filed a rescission or if you're in a time constraint to file a rescission,
[37:05.000 --> 37:15.000]  go ahead and file the rescission because then you can claim that once the rescission was filed, the mortgage was history.
[37:15.000 --> 37:17.000]  It's done. It's gone.
[37:17.000 --> 37:25.000]  Now, since you are the alleged holder, cough up all the money I've paid in.
[37:25.000 --> 37:28.000]  It kind of turns the tables on them.
[37:28.000 --> 37:29.000]  Correct.
[37:29.000 --> 37:40.000]  And with the Jasinowski case, that has really lent teeth to the rescission claim.
[37:40.000 --> 37:51.000]  Have you looked in your Fair Trades and Practices Act for rescission provision there?
[37:51.000 --> 37:54.000]  Fair Trades.
[37:54.000 --> 38:04.000]  The reason I'm asking that is the Truth in Lending Act gives you grounds for rescission,
[38:04.000 --> 38:14.000]  but that was put out by the federal government and they put in these arbitrary, very short time limits in which to use it.
[38:14.000 --> 38:29.000]  Ms. Leslie that was on earlier brought up that there are rescission provisions in your Deceptive Trade Practices Act, which don't have that time restraint.
[38:29.000 --> 38:47.000]  So if they didn't give you the three-day notice, then she sent me a reference to Pennsylvania and to Texas, the Deceptive Trade Practices Act,
[38:47.000 --> 39:02.000]  and both of them, if you didn't give the three-day notice at closing, then there was no time limit on the right to rescind.
[39:02.000 --> 39:05.000]  So you might look at that one.
[39:05.000 --> 39:12.000]  That is if your note was not an original purchase loan.
[39:12.000 --> 39:17.000]  It was refinance or HELOC.
[39:17.000 --> 39:22.000]  What this went to was the door-to-door salesman.
[39:22.000 --> 39:35.000]  The door-to-door salesman is a professional and he knows how to influence people to make decisions they may not otherwise make because it's face-to-face.
[39:35.000 --> 39:43.000]  And so they said in that case you have to give them written notice of a right to rescind within three days.
[39:43.000 --> 39:50.000]  If you don't give them that notice, their right to rescind extends indefinitely.
[39:50.000 --> 39:55.000]  So, okay, does that make sense?
[39:55.000 --> 39:56.000]  Yes, it does.
[39:56.000 --> 39:57.000]  Yes, it does.
[39:57.000 --> 40:08.000]  One last question, Manny. When comes to request for visual inspection of originals?
[40:08.000 --> 40:09.000]  Yes.
[40:09.000 --> 40:14.000]  And also request a full amount of the loan?
[40:14.000 --> 40:37.000]  Okay, always when you say that, never say, I demand to see the original. Say, I demand under the authority of UCC 3-501 that the holder produce the original dead instrument.
[40:37.000 --> 40:41.000]  It goes to never make proactive statement of law out of your own mouth.
[40:41.000 --> 40:47.000]  Never make a demand in this kind of instance out of your own mouth.
[40:47.000 --> 40:50.000]  Make it out of the mouth of the legislature.
[40:50.000 --> 40:58.000]  Make sure you tell them what your authority is to demand it.
[40:58.000 --> 41:11.000]  That way, in doing it that way, you'll make sure you do it in accordance with the code and you use the code to invoke their duty.
[41:11.000 --> 41:15.000]  Okay, I won't harp on that anymore, but yes.
[41:15.000 --> 41:20.000]  Okay, send them a notice to rescind. Okay, go ahead. I keep interrupting here.
[41:20.000 --> 41:41.000]  Manny, you told me something that I needed that information, and would you have a template for any of these requests, the full amount of requests or the visual inspection that your jury is improving?
[41:41.000 --> 41:47.000]  Okay, as far, okay, rescission is relatively, is relatively little about that.
[41:47.000 --> 41:50.000]  I already have that one.
[41:50.000 --> 41:51.000]  Pardon me?
[41:51.000 --> 41:55.000]  More on the request. I already have the rescission letter done.
[41:55.000 --> 42:03.000]  Okay, so what are you looking for? Are you looking for UCC 3-501 claim?
[42:03.000 --> 42:08.000]  Yes, the visual inspection and the...
[42:08.000 --> 42:32.000]  They're really straightforward. These don't need a lot of explanation. This is one thing that proceeds tend to do that I try to get fixed, is we feel like when we make a demand under law that we have to always tell them what the law is.
[42:32.000 --> 42:48.000]  Now, the reason I want you to do that with the UCC 3-501, that's to make sure that you're not just asking to see the security of the original dead instrument.
[42:48.000 --> 42:54.000]  You're demanding to see the wedding original and nothing else.
[42:54.000 --> 42:59.000]  That's because that's exactly what that code does, goes to.
[42:59.000 --> 43:18.000]  Otherwise, they're mostly when you exercise the right or do something you're allowed to do, you don't have to invoke the code in order and don't have to stipulate the code in order to invoke it.
[43:18.000 --> 43:32.000]  And I sound like I'm contradicting myself and I'm trying to figure out a way to say this so it makes sense when to cite the code and when not to.
[43:32.000 --> 43:52.000]  Only cite the code if it stipulates exactly how they are to respond. Otherwise, I'll pick this up when we come back on like QWRs and death validation. Why you don't do that? Hang on. We'll be right back.
[43:52.000 --> 43:57.000]  I'm confusing myself here.
[43:57.000 --> 44:02.000]  I'll fix it.
[44:27.000 --> 44:49.000]  We'll be right back.
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[46:13.000 --> 46:39.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and this is something that I've worked out, but I haven't talked about it enough to have worked out a way to explain it.
[46:39.000 --> 46:53.000]  And one of the advantages of doing this radio show is I get to work on my presentation. So I thought about it over the break, how to say this.
[46:53.000 --> 47:22.000]  I see a lot of documents by pro ses who give a lot of argument and explanation where argument and explanation is not appropriate. And the primary places where it's not appropriate is when you're requiring someone to do something that the law commands them to do.
[47:22.000 --> 47:40.000]  If I make a request that the law commands the other party to abide by, I don't need to give them all of the law and case law in support of my request.
[47:40.000 --> 47:58.000]  Like I have a set of information requests that I've made up over the years, and it doesn't invoke the rules of court. It doesn't invoke the Open Government Act. It doesn't invoke FOIA.
[47:58.000 --> 48:11.000]  It says you are hereby directed to provide for my inspection and or copying all of the following and then explain what it is. I don't tell them what law I'm requesting it under.
[48:11.000 --> 48:22.000]  And I've had them come back and say, well, you can't request this under the Open Records Act. I say, okay, what could I request it under?
[48:22.000 --> 48:38.000]  Whatever that is, that's what I requested it under. So just give it to me. I don't have to I don't have to stipulate 552 government code for 552 government code to apply.
[48:38.000 --> 48:53.000]  But then there are times when I need to give them the code. For instance, yesterday when I was in Hayes County, I couldn't find the criminal complaint. It wasn't in the record.
[48:53.000 --> 49:06.000]  But I didn't I told him I expect something to be missing from the record, but I didn't want them to know what it was because then they'll run out and get it and stick it in there when I'm not looking.
[49:06.000 --> 49:24.000]  So I told them I looked in the record and I couldn't find it. So I gave them an information request and I demanded to see all records collected to maintain by the department that are specifically referenced by Article 17.30 Texas Code of Criminal Procedure.
[49:24.000 --> 49:37.000]  The reason I did that is now they have to go read the code and figure out what I'm asking for. Well, it's really easy to figure out what I'm asking for.
[49:37.000 --> 49:55.000]  The code says that when a magistrate finishes a an examining trial, he shall seal all documents had in the hearing in an envelope, cause his name to be written across the seal of the envelope for the clerk's court jurisdiction. The magistrate shall seal all documents had in the hearing.
[49:55.000 --> 50:09.000]  The statement by the witness, the complaint, the order and all other documents, it specifically names the complaint.
[50:09.000 --> 50:17.000]  That's the one I'm looking for. But I don't want to tell them that's the one I'm looking for.
[50:17.000 --> 50:43.000]  So I give them the code. In this case, when you go to when you want to see the original blue ink dead instrument, you want your request to be dead bang certain so that the other party can't can't claim they misconstrued.
[50:43.000 --> 50:56.000]  And when they produce you a copy, then it's clear that they knowingly intentionally violated the code because they can go read that code and it tells them exactly what they should bring.
[50:56.000 --> 51:09.000]  Otherwise, avoid legal arguments when it's not necessary. I'm still working out how to explain this.
[51:09.000 --> 51:21.000]  I go in and tell the justice, I mean the prosecuting attorney that I want to see all the complaints you have in your office.
[51:21.000 --> 51:31.000]  They say who are you? I'm Randall Kelton. Well, who are you with? I'm not with anybody. See, they're trying to get me to argue my position.
[51:31.000 --> 51:40.000]  I don't need to sort out. Anyway, I know I'm just rambling here and I'm still struggling with how to explain this. Did I make any sense, Chris?
[51:40.000 --> 51:51.000]  A lot better. I fully understand that. I have one question related to that, which is did they have 30 days of extended reply?
[51:51.000 --> 52:05.000]  Twenty. And the code on that is tough. What it says is they have 20 days to either begin the rescission process.
[52:05.000 --> 52:18.000]  And some of the white papers I read on it explains that the rescission process is kind of lengthy, that it's not something that they can just do in a moment.
[52:18.000 --> 52:29.000]  But they must begin the rescission process. And that's why Jasnowski stipulated that the bank must tender first.
[52:29.000 --> 52:36.000]  First part of rescission is tender. They give you back everything you gave them.
[52:36.000 --> 52:45.000]  So in order for them to tender, they must first figure out how much tender is. So that may take them some time.
[52:45.000 --> 52:59.000]  So what it says is they must rescind, is what the statute says, but the case law says what that means is they must begin the rescission process
[52:59.000 --> 53:17.000]  within 20 days or file an action with the court opposing rescission. Otherwise, the borrower may retain the property without further obligation.
[53:17.000 --> 53:27.000]  So it's kind of sudden death there. And the remedy is really a big time remedy.
[53:27.000 --> 53:35.000]  And, Randy, the same apply for the visual inspection request?
[53:35.000 --> 53:40.000]  No, no, no. This is very specific to rescission.
[53:40.000 --> 53:41.000]  Okay.
[53:41.000 --> 53:49.000]  Yeah. The debt validation letter, there's no real, there's no time limit on that one.
[53:49.000 --> 53:56.000]  A qualified written request, they have five days to notify you that they received it. They have 30 days to respond to it.
[53:56.000 --> 54:02.000]  If you're asking for an inspection report?
[54:02.000 --> 54:07.000]  An inspection of the original documents related to the mortgage.
[54:07.000 --> 54:16.000]  Oh, I don't think it actually says how long they have to bring it.
[54:16.000 --> 54:26.000]  I don't recall anything saying they must produce the original instrument within X amount of days. That's not in there.
[54:26.000 --> 54:34.000]  But that would go to a reasonable time. There's no sudden death on that one for them not to produce it.
[54:34.000 --> 54:44.000]  Them not producing it creates the adverse inference that they don't have it.
[54:44.000 --> 54:46.000]  Good.
[54:46.000 --> 54:52.000]  So it's not like rescission where you have to do this thing within this amount of time or boom, the sky falls in on you.
[54:52.000 --> 55:00.000]  This is not that way. You file it and 30 days is a reasonable amount of time always.
[55:00.000 --> 55:10.000]  Unless it's a special circumstance where more time is stipulated to be reasonable, it's always going to be 30 days. So, yes.
[55:10.000 --> 55:22.000]  So if you ask them to produce the original instrument and you don't get a response within 30 days, then you can consider that a violation of UCC and act on it.
[55:22.000 --> 55:30.000]  And if it's not a violation, let the other side prove it up.
[55:30.000 --> 55:40.000]  And a lot of times it's about pushy. If the other side has an objection, let them bring it.
[55:40.000 --> 55:48.000]  Like when filing a document with the court clerk and the clerk starts reading it, I said, stop, stop, stop. What are you doing?
[55:48.000 --> 55:52.000]  Well, I have to check over the document. No, you don't.
[55:52.000 --> 55:55.000]  Well, I have to make sure everything's correct. Are you a lawyer?
[55:55.000 --> 56:05.000]  Well, no, but I have to make sure it's correct before I file it. So if I file something and you try to make sure it's correct and you miss something, then I can sue you?
[56:05.000 --> 56:11.000]  Well, no. Don't read it. Just stamp it.
[56:11.000 --> 56:24.000]  If there's a problem with it and anyone who's opposing me based on this document, they can raise the issue with the problem.
[56:24.000 --> 56:31.000]  But they don't have to. If they don't raise the issue, then it's waived. You have no duty to do this.
[56:31.000 --> 56:48.000]  And the whole thing about the other side and about not giving them too much information, you don't tell them what they have to already know because that comes under fair warning.
[56:48.000 --> 57:06.000]  Cut that out. In real life, it's appropriate to give fair warning, but this is not real life. This is law. In law, bushwhack is how you do it.
[57:06.000 --> 57:16.000]  You know, when these guys write that I'm a man on the land, a sovereign citizen, all this other stuff, I just cringe at that.
[57:16.000 --> 57:31.000]  I am what I am. Whether I say it in that document or not, the document doesn't make me what I am. So I won't leave all that stuff out of there.
[57:31.000 --> 57:47.000]  If there's a way for the other side to screw something up by not knowing what they should do, I'm not going to tell them. Let them figure that out for themselves.
[57:47.000 --> 58:02.000]  I'm trying to find a way to make this idea of when you give them information and when you don't. What we don't do is give explanation.
[58:02.000 --> 58:18.000]  We don't explain ourselves because we're the masters and the servants. Or if we're dealing with somebody else, we want them to screw it up anyway so we only give them just enough information so that when they screw it up, we can hammer them.
[58:18.000 --> 58:32.000]  Hang on, Randy Kelvin, Wheel of Law Radio. I call it number 512-646-1984. We're going to top the hour break. So this should be a good time to go to Logos Radio Network.
[58:32.000 --> 58:42.000]  And if you want to better understand most of what we talk about here, get jurisdiction here. It's only about $250. It's 24 hours of CDs.
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[01:00:44.000 --> 01:00:56.000]  Today in history, Friday, October 21st, 1774, the first display of the word liberty on a flag is raised by colonists in Taunton, Massachusetts. It was in defiance to British rule of colonial America.
[01:00:56.000 --> 01:01:04.000]  The Taunton flag was one of the earliest of the colonial flags. It simply was the Queen Anne flag with the words liberty and union sewn onto the red field.
[01:01:04.000 --> 01:01:16.000]  The Boston Evening Post reported the incident, an idea caught on. Flags with the identical or similar mottos began appearing throughout the colonies.
[01:01:16.000 --> 01:01:34.000]  In recent news, a USF-18C Hornet belonging to the 232 Marine Attack Fighter Squadron attacked en route from Bahrain to the United States. The fighter jet took off from the RAF Lakenheath and Suffolk, a U.S. base, and went down in farmland east of England near the town of Eli.
[01:01:34.000 --> 01:01:51.000]  The plane crashed at around 10.30 a.m. English time today, or 5.30 a.m. Eastern Standard Time. British police and U.S. military sources said that the crash was fatal for the one pilot on board.
[01:01:51.000 --> 01:02:10.000]  The hard disk manufacturer Western Digital said that it would buy out SanDiskCorp in a deal valued roughly about $19 billion. This is obviously projected to increase business for memory storage chips used in smartphones and mobile devices.
[01:02:10.000 --> 01:02:21.000]  In honor of Back to the Future Day, the date that Martin McFly and Doc Brown travel through time, in 1989's Back to the Future Part II, Christopher Lloyd and the infamous DeLorean return to deliver a special message for fans.
[01:02:40.000 --> 01:02:48.000]  No one has. Your future is whatever you make it. So make it a good one.
[01:03:40.000 --> 01:03:59.000]  OK, we are back. Randy Shelton, We'll be talking to Chris in Florida. And Chris, I don't mean to take up all your time.
[01:03:59.000 --> 01:04:14.000]  Wait, wait, wait a minute. Move the mic away from your mouth a little bit. I'm getting a lot of distortion again.
[01:04:14.000 --> 01:04:25.000]  OK, go ahead and speak. Let me see if I can understand you.
[01:04:25.000 --> 01:04:37.000]  No, you're getting a ringing in the background. Can you hang up and call right back again? Did that clear it up last time?
[01:04:37.000 --> 01:05:06.000]  OK, and I kind of explained I'm struggling with things that I'm not good at explaining yet. And sometimes when people ask me questions, they lead into issues where I can go through some of the basics so that the question makes sense.
[01:05:06.000 --> 01:05:15.000]  It makes sense to the person who asked me the question. And sometimes people feel like I'm using up all their time with these explanations.
[01:05:15.000 --> 01:05:31.000]  But I'm really trying to make sure that people who are listening who don't have the information my caller has, I can give them enough referential index so they can understand what goes on.
[01:05:31.000 --> 01:05:47.000]  So sometimes I seem a little pedantic and seem like I'm going on and on when I don't need to be. I sometimes have trouble knowing when I've explained something enough and when I haven't.
[01:05:47.000 --> 01:06:02.000]  And I sometimes have trouble knowing when what's coming out of my mouth that's formulated in my mind gets converted in your mind to the same thing I had in my mind.
[01:06:02.000 --> 01:06:19.000]  And it's a struggle. It's a constant struggle in doing the show. But frankly, it's the most invigorating and interesting part of doing the show. But some lot of times like today, I'm kind of struggling.
[01:06:19.000 --> 01:06:25.000]  OK, Chris, let's see if your sound is better.
[01:06:25.000 --> 01:06:29.000]  OK, that sounds better. OK.
[01:06:29.000 --> 01:06:39.000]  No, you did answer all my questions. I did send you a short email with two little questions.
[01:06:39.000 --> 01:06:44.000]  I see you had a chance to reply to them.
[01:06:44.000 --> 01:06:50.000]  Wait a minute. I'm sorry, but I cannot understand anything you're saying.
[01:06:50.000 --> 01:06:56.000]  We seem to be getting a terrible connection.
[01:06:56.000 --> 01:07:05.000]  Yeah, and my producer is selling you. Sometimes it's my connection and I just can't hear it. But my producer is telling me that he's getting a bad signal too.
[01:07:05.000 --> 01:07:11.000]  Let's try it. Do you have a different phone? Do you have like a hard line you can call on?
[01:07:11.000 --> 01:07:16.000]  At this point in time, no, I don't. I don't have it.
[01:07:16.000 --> 01:07:20.000]  OK, can you move to a different location?
[01:07:20.000 --> 01:07:24.000]  Yes, I can.
[01:07:24.000 --> 01:07:27.000]  OK, can you hear me better at this point?
[01:07:27.000 --> 01:07:29.000]  Yeah, that's much better.
[01:07:29.000 --> 01:07:41.000]  Well, good. So basically you answered all my questions and I sent you an email with two very short questions, five words each.
[01:07:41.000 --> 01:07:49.000]  If you have a chance to reply to them, that would be perfect. And I do appreciate that and I'd like to take that for the next call.
[01:07:49.000 --> 01:07:59.000]  OK, I will look at your emails and maybe we can talk more next week.
[01:07:59.000 --> 01:08:02.000]  OK, thank you.
[01:08:02.000 --> 01:08:05.000]  OK, we don't have any more callers.
[01:08:05.000 --> 01:08:14.000]  So I'm going to go back to talking about Hayes County, Texas.
[01:08:14.000 --> 01:08:33.000]  Part of the problem that we've been having, you know, I explained this problem for the most part, is it's a problem that nobody, where there are no bad guys.
[01:08:33.000 --> 01:08:44.000]  Basically, I'm an engineer and engineers tend not to have opinions. They just connect the dots.
[01:08:44.000 --> 01:08:52.000]  To an engineer, engineers recognize nature as being what it is and physics as being what physics is.
[01:08:52.000 --> 01:08:57.000]  We don't get mad at physics. It just is what it is.
[01:08:57.000 --> 01:09:09.000]  Sometimes you get frustrated because we really don't understand physics and we think if we do this this way and that that way, we'll get this response over here and we don't get it.
[01:09:09.000 --> 01:09:14.000]  It gets frustrating and annoying, but we don't get an attitude about physics.
[01:09:14.000 --> 01:09:21.000]  It just is what it is. Well, when I look at the law, it just is what it is.
[01:09:21.000 --> 01:09:39.000]  And when things are not going right, it's inappropriate from an engineer's perspective to try to single out some enemy or some villain trying to find fault.
[01:09:39.000 --> 01:09:56.000]  We just want to find out where the system is not working right and what we can do, what's the least amount of change we can make to have the greatest influence on the system.
[01:09:56.000 --> 01:09:59.000]  We just want the system to get back working right.
[01:09:59.000 --> 01:10:19.000]  When I look for the source of this problem, initially the biggest problem was is I was looking for a bad guy. I was looking for someone that we could demonize beyond all redemption and then rail ad and righteous indignation.
[01:10:19.000 --> 01:10:22.000]  But there wasn't one of those guys.
[01:10:22.000 --> 01:10:34.000]  What I found here was a system that was so screwed up, the practice looked nothing like the tech manuals I read.
[01:10:34.000 --> 01:10:38.000]  Penal code, Code of Criminal Procedure. Those were my tech manuals.
[01:10:38.000 --> 01:10:46.000]  I read the tech manuals and I looked at the practice and they weren't even close.
[01:10:46.000 --> 01:10:52.000]  So the question is, how did the system get so out of whack?
[01:10:52.000 --> 01:10:55.000]  I'm sorry, that's not really the right question.
[01:10:55.000 --> 01:11:05.000]  Where is the system out of whack and what can we do to bring the system back under control?
[01:11:05.000 --> 01:11:16.000]  Why it's out of whack, I only incidentally care about that if it goes to getting the system straightened out.
[01:11:16.000 --> 01:11:23.000]  Never if it just goes to pointing a finger or blaming because from an engineer's perspective that don't help us at all.
[01:11:23.000 --> 01:11:25.000]  We don't even care about that.
[01:11:25.000 --> 01:11:29.000]  We care about what's wrong and how do we make adjustments to fix it.
[01:11:29.000 --> 01:11:39.000]  So when I look through this over the last 30 years, it became clear that all of this occurred
[01:11:39.000 --> 01:11:51.000]  because we had otherwise right-minded people doing what they believed was the best they could under the circumstances they had.
[01:11:51.000 --> 01:12:00.000]  I believe that the primary reason the system failed was a lack of trust.
[01:12:00.000 --> 01:12:05.000]  Individuals within the system didn't trust the system.
[01:12:05.000 --> 01:12:12.000]  We've all seen the television programs where a police officer goes rogue.
[01:12:12.000 --> 01:12:23.000]  And he goes rogue because he does not trust the system to achieve justice and he feels like he has to do it himself.
[01:12:23.000 --> 01:12:32.000]  This system has become broken because those people within the system didn't trust it.
[01:12:32.000 --> 01:12:44.000]  And they made seemingly minor adjustments to correct what they perceive to be errors in the system
[01:12:44.000 --> 01:12:52.000]  or to bring justice where they did not believe the system would bring justice.
[01:12:52.000 --> 01:13:05.000]  So how do we make changes that will prevent that kind of well-meaning abortion of the system?
[01:13:05.000 --> 01:13:09.000]  Well, it took a long time to get this figured out.
[01:13:09.000 --> 01:13:20.000]  And what we've gotten down to is a proper examining trial and open up and up the grand jury to where we can get to it.
[01:13:20.000 --> 01:13:34.000]  And in order to make this say it, I need to be able to go in and demonstrate to those people who are in the system and operating the system.
[01:13:34.000 --> 01:13:39.000]  Operating the system, they did not create, but they inherited.
[01:13:39.000 --> 01:13:43.000]  And they're doing things the way they've been trained to do things.
[01:13:43.000 --> 01:13:50.000]  So how do I convince them that the way you've been trained and the way your predecessor was trained
[01:13:50.000 --> 01:13:55.000]  and the way their predecessor was trained was all wrong and they need to do it different?
[01:13:55.000 --> 01:14:04.000]  Well, when I tell them that, they believe that I'm a little bit wacko because they have a need to trust the system.
[01:14:04.000 --> 01:14:09.000]  So we have this cognitive dissonance to get over.
[01:14:09.000 --> 01:14:17.000]  And what I'm doing in Hayes County is demonstrating to them the flaws in the system.
[01:14:17.000 --> 01:14:26.000]  I went to the clerk and looked in the public record and under law on reading the tech manual,
[01:14:26.000 --> 01:14:35.000]  the tech manual says that certain documents should be there, but those documents are not there.
[01:14:35.000 --> 01:14:39.000]  I know they're not there because it's the same everywhere I go.
[01:14:39.000 --> 01:14:47.000]  Prosecutors, over time, in giving advice to the lower courts and the police,
[01:14:47.000 --> 01:14:55.000]  have made seemingly minor adjustments toward administrative convenience and adjudicating efficiency.
[01:14:55.000 --> 01:15:02.000]  That at the time, and as per each step, they seem to really minor.
[01:15:02.000 --> 01:15:10.000]  But over a period of time, the system has gradually crept outside the rule of law
[01:15:10.000 --> 01:15:16.000]  and has created problems for itself that I can now come back and make evident.
[01:15:16.000 --> 01:15:30.000]  For instance, I go to the clerk and I say, I want to see the criminal files from July the 15th to August the 15th, 2015.
[01:15:30.000 --> 01:15:36.000]  The very first document she gives me, the first case she gives me,
[01:15:36.000 --> 01:15:43.000]  I look in it and I find this complaint and affidavit of probable cause for arrest.
[01:15:43.000 --> 01:15:47.000]  One of the few that actually had a complaint in it.
[01:15:47.000 --> 01:15:52.000]  It says, in the name by the authority of the state of Texas, before me, the underside authority on this day,
[01:15:52.000 --> 01:15:58.000]  personally appeared, Officer Ken Copeland, known to me to be a credible person
[01:15:58.000 --> 01:16:04.000]  and being a peace officer under the laws of Texas, being do sworn on oath,
[01:16:04.000 --> 01:16:13.000]  deposes and says that he or she has good reason to believe and does believe that Elizabeth Joshua Hawkins,
[01:16:13.000 --> 01:16:19.000]  subject name and date of birth, on or about the first day of May 2015,
[01:16:19.000 --> 01:16:28.000]  committed the offense of accident involving injury against peace and dignity of the state.
[01:16:28.000 --> 01:16:37.000]  She has good reason to believe and does believe based on information provided by Emma Palacios,
[01:16:37.000 --> 01:16:45.000]  witness, a credible person who personally observed such offense as follows.
[01:16:45.000 --> 01:16:50.000]  You're going to like what follows. Randy Kelton, we're about to go to break.
[01:16:50.000 --> 01:16:55.000]  When we come back on the other side, we'll demonstrate what's wrong with the system.
[01:16:55.000 --> 01:17:00.000]  We'll be right back.
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[01:17:49.000 --> 01:18:00.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:24.000 --> 01:19:36.000]  Okay, we are back.
[01:19:36.000 --> 01:19:38.000]  Randy Kelton, Wheeled by Radio.
[01:19:38.000 --> 01:19:46.000]  And what I just read was a criminal affidavit alleging the commission of a felony by this person.
[01:19:46.000 --> 01:19:52.000]  Now, this is the complaint and affidavit of probable cause.
[01:19:52.000 --> 01:19:55.000]  That first part was the complaint.
[01:19:55.000 --> 01:19:58.000]  Now I'm going to read you the affidavit of probable cause.
[01:19:58.000 --> 01:20:00.000]  Let me recoup a little bit.
[01:20:00.000 --> 01:20:14.000]  The complaint has accused Elizabeth Joshua Hawkins, born 6, 2990 of Century Hit and Run, where someone was injured.
[01:20:14.000 --> 01:20:22.000]  Okay, now read the affidavit, the statement of facts.
[01:20:22.000 --> 01:20:36.000]  On February 9, 2015, at 1.15 hours, I, Officer Ken Copeland, responded to 818 Old Ranch Road 12,
[01:20:36.000 --> 01:20:45.000]  Dakota Ranch Apartments, to investigate a possible criminal trespass by an individual named James Williams Jr.
[01:20:45.000 --> 01:20:55.000]  Upon arrival, I contacted Candace Jackson, who told me a black male approached her several weeks ago and pointed a handgun in her face.
[01:20:55.000 --> 01:20:59.000]  Officers arrived, never located a handgun, and Williams was released.
[01:20:59.000 --> 01:21:05.000]  And it goes on to tell about Williams being a dirty rotten criminal trespasser.
[01:21:05.000 --> 01:21:14.000]  Williams was located outside of Building 9 in the parking lot, Officer Delton Duggins and Officer Jesse Guerrero.
[01:21:14.000 --> 01:21:25.000]  After confirming to management that Williams was told not to return to Dakota Ranch Apartments, I arrested him for criminal trespass.
[01:21:25.000 --> 01:21:34.000]  How on earth did this person get indicted based on this complaint and statement of probable cause?
[01:21:34.000 --> 01:21:45.000]  Now, I have the complaint and statement of probable cause, and right with it is a magistrate's warning.
[01:21:45.000 --> 01:21:58.000]  When someone's arrested or taken to jail and then they're brought before a magistrate, the way the law requires, and the magistrate gives a magistrate's warning.
[01:21:58.000 --> 01:22:07.000]  Well, if you look up magistrate's warning, you won't find that anywhere.
[01:22:07.000 --> 01:22:13.000]  Well, actually, you will find a magistrate's warning within the...
[01:22:13.000 --> 01:22:21.000]  Well, you'll find kind of that language. It says the magistrate shall give certain warnings.
[01:22:21.000 --> 01:22:29.000]  But when a person is brought before a magistrate, that's not why they're brought before magistrates for the warnings, primarily.
[01:22:29.000 --> 01:22:33.000]  That's part of it, but there's a whole lot more.
[01:22:33.000 --> 01:22:45.000]  The whole chapter, Chapter 16, Code of Criminal Procedure, says all the stuff they have to do when a person's brought before a magistrate on an allegation of a criminal offense.
[01:22:45.000 --> 01:22:51.000]  They must present the magistrate with a criminal complaint.
[01:22:51.000 --> 01:23:04.000]  They don't have to present a criminal affidavit because they can testify right there in front of the judge, but they have to give the magistrate a criminal accusation
[01:23:04.000 --> 01:23:15.000]  because it takes a criminal accusation filed by a citizen in order to invoke subject matter jurisdiction in the court.
[01:23:15.000 --> 01:23:20.000]  Now, a little piece to notice in this.
[01:23:20.000 --> 01:23:31.000]  Before me, the undersigned authority on this day personally appeared, Officer Ken Copeland, known to me to be a credible person.
[01:23:31.000 --> 01:23:44.000]  First, he is a credible person, and that's because those are the only human beings who can file criminal affidavits, are credible persons.
[01:23:44.000 --> 01:23:52.000]  It goes on to say, and being a peace officer under the laws of Texas and duly sworn upon,
[01:23:52.000 --> 01:24:02.000]  Os deposes and says he or she has good reason to believe, does believe, says and a police officer, but it had to say a credible person
[01:24:02.000 --> 01:24:12.000]  because that's who can file a criminal complaint, and the reason is that the government cannot be the accuser and the prosecutor.
[01:24:12.000 --> 01:24:16.000]  We fought a revolutionary war over that issue.
[01:24:16.000 --> 01:24:25.000]  That was one of the issues, that the only way you can be prosecuted in this country by law
[01:24:25.000 --> 01:24:31.000]  is if some citizen, some credible citizen files a complaint against you.
[01:24:31.000 --> 01:24:38.000]  Now, he might be a police officer, he might be a fireman, he might be a janitor.
[01:24:38.000 --> 01:24:47.000]  It doesn't make any difference as long as he is over the age of 18 and never been convicted of a felony.
[01:24:47.000 --> 01:24:54.000]  I said he or she. A credible person must file the complaint.
[01:24:54.000 --> 01:25:02.000]  If he's a police officer, that's secondary. So they stipulate that in the complaint.
[01:25:02.000 --> 01:25:18.000]  And then this complaint is given to the magistrate and that's what gives the magistrate subject matter jurisdiction to hold an examining trial.
[01:25:18.000 --> 01:25:31.000]  And then the magistrate must take testimony of the complainant or there must be included a verified criminal affidavit.
[01:25:31.000 --> 01:25:46.000]  And when a police officer swears out a complaint or creates a criminal affidavit or statement of facts and presents it to a court,
[01:25:46.000 --> 01:25:53.000]  it is presumed to be verified so they don't need to get it notarized like you and I do.
[01:25:53.000 --> 01:26:00.000]  So he put this in the hand of the magistrate and he brought the person before the magistrate.
[01:26:00.000 --> 01:26:06.000]  And the magistrate found probable cause based on this document.
[01:26:06.000 --> 01:26:12.000]  What the magistrate actually did was presumed probable cause.
[01:26:12.000 --> 01:26:26.000]  Everybody who was brought before the magistrate, the magistrate presumed probable cause and this is evidence that the magistrate never read the complaint.
[01:26:26.000 --> 01:26:30.000]  There was no consideration for the sufficiency of the complaint.
[01:26:30.000 --> 01:26:37.000]  They accepted it out of hand without question and the judge found probable cause.
[01:26:37.000 --> 01:26:47.000]  This was presented to a grand jury. The grand jury found probable cause and produced an indictment.
[01:26:47.000 --> 01:26:52.000]  I said this was presented to a grand jury. Maybe it wasn't.
[01:26:52.000 --> 01:27:01.000]  There was probably something presented to a grand jury. It's very unlikely it was these documents.
[01:27:01.000 --> 01:27:06.000]  Something gave the grand jury notice that a crime has been committed.
[01:27:06.000 --> 01:27:11.000]  Something provided evidence that a crime has been committed, but it's not this.
[01:27:11.000 --> 01:27:23.000]  And I look in the record, I can't find what gave probable cause to accuse this woman of felony hit and run.
[01:27:23.000 --> 01:27:28.000]  And this is one of the very few that actually had a criminal affidavit in it.
[01:27:28.000 --> 01:27:36.000]  Most of the folders I looked at started out with an indictment.
[01:27:36.000 --> 01:27:47.000]  Well, that brings a problem. They bring the case based on an indictment, but how do they get there?
[01:27:47.000 --> 01:27:55.000]  The problem with bringing a case just with an indictment is there is no criminal accusation in the record.
[01:27:55.000 --> 01:28:06.000]  So the question becomes, who was the person who accused the defendant of a criminal act?
[01:28:06.000 --> 01:28:12.000]  You have a constitutional right to be faced by your accuser. Who is it?
[01:28:12.000 --> 01:28:20.000]  It can't be the state. The state can never be your accuser. It has to be a citizen.
[01:28:20.000 --> 01:28:25.000]  You can't find it in the public record. Well, I asked the clerk about it.
[01:28:25.000 --> 01:28:29.000]  Where are these documents? And she said, well, this is all we get.
[01:28:29.000 --> 01:28:34.000]  I said, now, wait a minute. How do you open a case without a complaint?
[01:28:34.000 --> 01:28:37.000]  Oh, you do it on the indictment. Oh, you do it on the indictment.
[01:28:37.000 --> 01:28:45.000]  Well, what if the person has already been arrested?
[01:28:45.000 --> 01:28:54.000]  17.30 Texas Code of Criminal Procedure requires the magistrate who performs the examining trial
[01:28:54.000 --> 01:29:00.000]  to seal all the documents had in the hearing cause's name to be written across the seal of the envelope and forward it to you.
[01:29:00.000 --> 01:29:07.000]  So what did you do with it? Oh, well, we never got it. You never got it, huh?
[01:29:07.000 --> 01:29:14.000]  So these are documents on which the case is based and you don't have them.
[01:29:14.000 --> 01:29:20.000]  Oh, duh. Let's have them. Whoa. Blah, blah, blah. I'm not sure.
[01:29:20.000 --> 01:29:25.000]  Then they direct me to the prosecuting attorney. And I said, well, this prosecuting attorney has these.
[01:29:25.000 --> 01:29:29.000]  They have these in violation of 17.30 Texas Code of Criminal Procedure.
[01:29:29.000 --> 01:29:35.000]  And that means that they secreted a document from the officer person that it was directed to.
[01:29:35.000 --> 01:29:40.000]  And that's a felony in the state of Texas for each offense.
[01:29:40.000 --> 01:29:46.000]  So how many does he have? Oh, I don't know.
[01:29:46.000 --> 01:30:03.000]  Hang on. We'll be right back.
[01:30:03.000 --> 01:30:16.000]  I'll be back with more in just a moment.
[01:30:33.000 --> 01:30:38.000]  It's worth hanging on to. This public service announcement is brought to you by Startpage.com,
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[01:31:22.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:32:59.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
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[01:33:12.000 --> 01:33:37.000]  OK, we are back.
[01:33:37.000 --> 01:33:43.000]  I'm Randy Kelton, Rural Law Radio, and we're talking about the process.
[01:33:43.000 --> 01:33:54.000]  What I'm doing here is an analysis of the procedure as it appears in the code.
[01:33:54.000 --> 01:34:08.000]  But I'm doing it in a way that when I demonstrate it to the officials involved, it makes it clear to them how they're outside of law,
[01:34:08.000 --> 01:34:19.000]  what they should have been doing, and why the law is structured in a way that requires them to do what they didn't do.
[01:34:19.000 --> 01:34:26.000]  We have a very well-structured corpus juris body of law.
[01:34:26.000 --> 01:34:33.000]  And all of these laws are in there for good reason, developed over a couple hundred years.
[01:34:33.000 --> 01:34:39.000]  Actually, this goes back to 1216 when the dukes drugged King John down to the River Thames
[01:34:39.000 --> 01:34:43.000]  and threatened to cut his head off if he didn't sign the Magna Carta.
[01:34:43.000 --> 01:34:50.000]  Much of what I'm talking about here grew out of the Magna Carta, and the primary thing they did was a requirement
[01:34:50.000 --> 01:34:59.000]  that if a person is arrested for any reason, he's to be taken directly to the nearest magistrate in the magistrate to perform an examining trial.
[01:34:59.000 --> 01:35:03.000]  That's what's missing, and here's the problem it causes.
[01:35:03.000 --> 01:35:14.000]  I go to the clerk, criminal complaint, which is required to give a magistrate jurisdiction so that he can hold an examining trial
[01:35:14.000 --> 01:35:23.000]  and make a determination of probable cause and issue an order under 16.17 Code of Criminal Procedure.
[01:35:23.000 --> 01:35:32.000]  And then if his order states that he found probable cause rather than release the person at their liberty,
[01:35:32.000 --> 01:35:38.000]  then he's to seal all these documents in an envelope and send it to the clerk at the court of jurisdiction.
[01:35:38.000 --> 01:35:40.000]  This is what I told the district clerk.
[01:35:40.000 --> 01:35:44.000]  He said, that's what the statute requires.
[01:35:44.000 --> 01:35:46.000]  So where are they?
[01:35:46.000 --> 01:35:48.000]  Well, I don't know.
[01:35:48.000 --> 01:35:50.000]  Did you get them?
[01:35:50.000 --> 01:35:52.000]  Not if they're not in my documents.
[01:35:52.000 --> 01:35:55.000]  Well, if you don't have them, who does?
[01:35:55.000 --> 01:35:58.000]  She said, the prosecuting attorney.
[01:35:58.000 --> 01:36:06.000]  The prosecuting attorney has them, and he has them in violation of 3710 Penal Code, and that's found in the state of Texas.
[01:36:06.000 --> 01:36:08.000]  She said, well, I don't know.
[01:36:08.000 --> 01:36:09.000]  I said, that's okay.
[01:36:09.000 --> 01:36:12.000]  I'll go talk to the prosecutor.
[01:36:12.000 --> 01:36:16.000]  And I couldn't get to a prosecutor, so I'll have to do this by mail.
[01:36:16.000 --> 01:36:25.000]  And I'll tell the prosecutor that I have reason to believe and do believe the crimes have been committed, felony crimes by public officials.
[01:36:25.000 --> 01:36:31.000]  And one of those officials that I believe committed these crimes are you.
[01:36:31.000 --> 01:36:38.000]  The clerk tells me that you are holding documents that are referenced by Article 1730 Code of Criminal Procedure.
[01:36:38.000 --> 01:36:41.000]  And this is what I'll actually do.
[01:36:41.000 --> 01:36:45.000]  I don't do much explanation to the prosecutors.
[01:36:45.000 --> 01:36:48.000]  I give them an information request I already have printed up.
[01:36:48.000 --> 01:36:53.000]  And what it says is you are hereby directed to provide my inspection and their copying.
[01:36:53.000 --> 01:36:59.000]  All documents specifically were referenced by Article 17.3830 Texas Code of Criminal Procedure.
[01:36:59.000 --> 01:37:03.000]  And then I give a date range to which they're producing.
[01:37:03.000 --> 01:37:10.000]  And I always get an objection back saying they don't know what I'm asking for.
[01:37:10.000 --> 01:37:22.000]  And I always tell them, well, you need to call the legislature and ask them what they meant when they passed that legislation on 17.13.
[01:37:22.000 --> 01:37:34.000]  What I think it means are all of the documents referenced by Chapter 16 Code of Criminal Procedure when the magistrate holds an examining trial.
[01:37:34.000 --> 01:37:36.000]  So the magistrate is holding an examining trial.
[01:37:36.000 --> 01:37:39.000]  Seal all the documents in an envelope.
[01:37:39.000 --> 01:37:41.000]  Cause his name to be written, cause sealed.
[01:37:41.000 --> 01:37:42.000]  Send it to the clerk of the court.
[01:37:42.000 --> 01:37:53.000]  Now the clerk of the court has jurisdiction because she has a criminal affidavit and a finding of probable cause based on that criminal affidavit.
[01:37:53.000 --> 01:38:01.000]  Now she can initiate a case file for a prosecution.
[01:38:01.000 --> 01:38:10.000]  After that, it normally goes to a grand jury, but sometimes the case goes directly to the grand jury.
[01:38:10.000 --> 01:38:13.000]  Without the person being arrested.
[01:38:13.000 --> 01:38:27.000]  So when the grand jury meets and considers a criminal accusation and then votes on the accusation, then they must report that to the court.
[01:38:27.000 --> 01:38:49.000]  What the code says is that when the grand jury has finished its deliberations, the foreman will come before the court with a quorum of the grand jury present and read to the court the fact of the indictment.
[01:38:49.000 --> 01:39:13.000]  When the clerk shall make notes in the minutes of the court, except when the accused has not been arrested, the clerk shall not enter notes in the minutes of the court, but shall issue a capious warrant for the arrest of the accused.
[01:39:13.000 --> 01:39:21.000]  Once the accused is being arrested, then the clerk can enter the notes in the minutes of the court.
[01:39:21.000 --> 01:39:26.000]  Now, why would they put that restriction in there?
[01:39:26.000 --> 01:39:36.000]  Normally, most of the time people get arrested first and the grand jury finds, makes a true bill or no bill and then they give it to the court.
[01:39:36.000 --> 01:39:44.000]  But if the person hasn't been arrested yet, they can't give it to the court. And there's a real good reason for that.
[01:39:44.000 --> 01:39:48.000]  It's because everybody has a right to an examining trial.
[01:39:48.000 --> 01:39:56.000]  So if the person hasn't been arrested, the clerk is to produce a capious warrant.
[01:39:56.000 --> 01:40:06.000]  When the person is arrested on the capious warrant, where is the first place he's supposed to be taken? To some magistrate.
[01:40:06.000 --> 01:40:09.000]  So he can hold an examining trial.
[01:40:09.000 --> 01:40:21.000]  The first thing that happens in an examining trial is the accused is, before any evidence is presumed against him, has the option to make a statement to the court.
[01:40:21.000 --> 01:40:28.000]  It's right there in the code. And that's a statutory right.
[01:40:28.000 --> 01:40:33.000]  And then it has a number of things they do and then they hold a hearing under 1617.
[01:40:33.000 --> 01:40:38.000]  I mean, the issues in order under 1617 for everything to the clerk.
[01:40:38.000 --> 01:40:45.000]  Once that's done, then the indictment can be filed with the court and not until.
[01:40:45.000 --> 01:40:55.000]  Now, the courts didn't get these guys didn't get that screwed up because if there is no has been no arrest, then a capious is issued.
[01:40:55.000 --> 01:41:03.000]  But the question becomes, how does the clerk not know if the person's been arrested or not?
[01:41:03.000 --> 01:41:09.000]  The records, you don't have those records and they're required by statute to be sent to her.
[01:41:09.000 --> 01:41:13.000]  So where the heck are they?
[01:41:13.000 --> 01:41:18.000]  So you have to clear if they did. Now I go to the district attorney if he has them.
[01:41:18.000 --> 01:41:22.000]  Well, each one's a felon in the state of Texas.
[01:41:22.000 --> 01:41:25.000]  How do you get around that, guys?
[01:41:25.000 --> 01:41:33.000]  And now I look in the court record and no one has accused this person of a crime.
[01:41:33.000 --> 01:41:36.000]  And the clerk said, oh, well, somebody has to have to.
[01:41:36.000 --> 01:41:43.000]  I figured that probably happened, but the records are supposed to come to you. Where did they go?
[01:41:43.000 --> 01:41:49.000]  And when I went to the prosecutor's office, they don't know anything about it.
[01:41:49.000 --> 01:41:50.000]  They never talked to you.
[01:41:50.000 --> 01:41:57.000]  So I went to the sheriff's department where these magistrations hearings are held.
[01:41:57.000 --> 01:42:03.000]  And I want to ascertain the movement of the documents right now.
[01:42:03.000 --> 01:42:08.000]  For the most part, all the original documents are being scanned.
[01:42:08.000 --> 01:42:13.000]  And what they said was scanned into the system.
[01:42:13.000 --> 01:42:16.000]  I want to talk to the clerk about the system.
[01:42:16.000 --> 01:42:20.000]  And she has access to the system.
[01:42:20.000 --> 01:42:25.000]  So I ran these cases. I examined the where I didn't find criminal complaints.
[01:42:25.000 --> 01:42:31.000]  Those criminal complaints are not in the system.
[01:42:31.000 --> 01:42:33.000]  Somebody's got them.
[01:42:33.000 --> 01:42:37.000]  They're not in the record and they never do get in the record.
[01:42:37.000 --> 01:42:40.000]  They took out Tom DeLay.
[01:42:40.000 --> 01:42:45.000]  Ron Earl took out the second most powerful political figure in the country.
[01:42:45.000 --> 01:42:51.000]  And nobody ever accused him of a crime, ever.
[01:42:51.000 --> 01:42:56.000]  You can go down to Travis County and you can look at that case yourself.
[01:42:56.000 --> 01:43:01.000]  And you will not find an accuser.
[01:43:01.000 --> 01:43:06.000]  So Tom DeLay's most basic right, the right to be faced by his accuser,
[01:43:06.000 --> 01:43:11.000]  he did not have that right in his trial.
[01:43:11.000 --> 01:43:17.000]  I filed a habeas corpus in that case because this was the important issue.
[01:43:17.000 --> 01:43:24.000]  This is part of the reason it's a problem not taking a person directly to a magistrate.
[01:43:24.000 --> 01:43:31.000]  Because it allows the prosecutor to simply go to the grand jury and seek an indictment.
[01:43:31.000 --> 01:43:36.000]  And Kennedy v. State, Wilma Kennedy v. State,
[01:43:36.000 --> 01:43:41.000]  said in order to avoid the obvious evils of the accumulation of powers in any one office
[01:43:41.000 --> 01:43:44.000]  for the purpose of filing a criminal accusation,
[01:43:44.000 --> 01:43:49.000]  a prosecutor is not a credible person.
[01:43:49.000 --> 01:44:00.000]  If we have rule of law, we'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry!
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[01:46:22.000 --> 01:46:28.000]  Okay, we are back.
[01:46:28.000 --> 01:46:32.000]  Randy Kelton, rule of law radio.
[01:46:32.000 --> 01:46:36.000]  And kind of walk through what the problem is.
[01:46:36.000 --> 01:46:47.000]  And now the reason they do it this way is every step in this system is designed to put a person accused of a crime
[01:46:47.000 --> 01:46:53.000]  in a position such that they have no reasonable option other than to take a deal.
[01:46:53.000 --> 01:47:02.000]  As a part of the process, a police officer will charge someone with the highest level crime he can come up with.
[01:47:02.000 --> 01:47:12.000]  And then they take them to a magistrate supposedly for an examining trial, but the magistrate doesn't do an examining trial.
[01:47:12.000 --> 01:47:17.000]  If the magistrate examined into the sufficiency of the accusation,
[01:47:17.000 --> 01:47:23.000]  I would never find a complaint like the one I read here on the air.
[01:47:23.000 --> 01:47:25.000]  That would never happen.
[01:47:25.000 --> 01:47:35.000]  In this case, it was clear that the magistrate did not hold an examining trial under Chapter 16 Code of Criminal Procedure,
[01:47:35.000 --> 01:47:51.000]  but in fact was told and instructed in training to accept whatever the police officer said out of hand without question.
[01:47:51.000 --> 01:48:06.000]  This is an occasion point because there is no way the magistrate could read this document and find probable cause.
[01:48:06.000 --> 01:48:10.000]  The error is too glaring and too stupid.
[01:48:10.000 --> 01:48:24.000]  It's obvious that the police officer got his paperwork shifted around and got the wrong affidavit on the wrong page.
[01:48:24.000 --> 01:48:29.000]  The reason for an examining trial, even if it was done right, this wouldn't happen,
[01:48:29.000 --> 01:48:38.000]  but the real reason for examining trial is to keep the public from being afraid of the police.
[01:48:38.000 --> 01:48:43.000]  Now, they may be afraid that the police can arrest them, but they can't take them to jail.
[01:48:43.000 --> 01:48:49.000]  They only take them to a magistrate, a magistrate that they elected.
[01:48:49.000 --> 01:48:52.000]  Our JPs are all elected officials.
[01:48:52.000 --> 01:49:02.000]  We put them in office, and they better understand that they report to us.
[01:49:02.000 --> 01:49:05.000]  They're responsible to us.
[01:49:05.000 --> 01:49:12.000]  They will tend to give us a better examination of the facts.
[01:49:12.000 --> 01:49:15.000]  Have you ever seen the program Night Court?
[01:49:15.000 --> 01:49:21.000]  It was a comedy, but constitutionally it was dead on, and they still do this in New York.
[01:49:21.000 --> 01:49:25.000]  If you get arrested in New York City, they take you to jail, put you in a cell,
[01:49:25.000 --> 01:49:31.000]  hold you long enough to have counsel appointed for this purpose and this purpose only.
[01:49:31.000 --> 01:49:35.000]  They come before the magistrate.
[01:49:35.000 --> 01:49:37.000]  The officer's there.
[01:49:37.000 --> 01:49:40.000]  Your accuser is facing you.
[01:49:40.000 --> 01:49:50.000]  The prosecutor examines the officer as a witness against you.
[01:49:50.000 --> 01:49:53.000]  You have a lawyer with you.
[01:49:53.000 --> 01:49:57.000]  The cop tells his story, you tell your story,
[01:49:57.000 --> 01:50:02.000]  and the judge decides whether or not you stand in answer for a criminal accusation.
[01:50:02.000 --> 01:50:06.000]  He determines whether there's a sufficient probable cause.
[01:50:06.000 --> 01:50:12.000]  Then he seals all those documents and sends the decision to the clerk of the court.
[01:50:12.000 --> 01:50:14.000]  That's how it should be.
[01:50:14.000 --> 01:50:23.000]  If we did it that way, a vast majority of the problems we're having with the police would simply go away,
[01:50:23.000 --> 01:50:31.000]  because when a police officer pulls someone like me over, and I am my usual obnoxious and demanding self,
[01:50:31.000 --> 01:50:37.000]  he may decide that he wants to deliver to me an attitude judgment.
[01:50:37.000 --> 01:50:43.000]  If you've listened to the radio show for any length of time, you probably know I've had a number of those.
[01:50:43.000 --> 01:50:51.000]  Broken elbow, two broken collarbones, three dislocated ribs, and a tooth knocked out.
[01:50:51.000 --> 01:50:59.000]  So, you know, I have had my attitude adjusted.
[01:50:59.000 --> 01:51:09.000]  If a police officer, once he talks to me, gets an idea that he wants to adjust my attitude,
[01:51:09.000 --> 01:51:19.000]  and he knows that if he arrests me, he has to immediately take me before the nearest magistrate and explain himself,
[01:51:19.000 --> 01:51:26.000]  he's going to be a lot more careful about his professionalism.
[01:51:26.000 --> 01:51:31.000]  That's why the requirement for a magistrate was originally put in there.
[01:51:31.000 --> 01:51:38.000]  It was to avoid the police and the public being in odds with one another.
[01:51:38.000 --> 01:51:51.000]  But since justices of the peace and municipal judges have started doing this thing prosecutors call a magistration, all of that's gone.
[01:51:51.000 --> 01:52:00.000]  The policeman feels like he can arrest you for any reason, it makes no difference.
[01:52:00.000 --> 01:52:06.000]  And makes no difference what he charges you with, you'll take a deal.
[01:52:06.000 --> 01:52:15.000]  All he has to do is write the charge, you're going to take a deal because the prosecutor could care less if you're guilty or innocent.
[01:52:15.000 --> 01:52:20.000]  Prosecutor only wants to clear his docket.
[01:52:20.000 --> 01:52:27.000]  He's sitting there with 2,000 cases on his desk, he don't care if you're guilty or innocent.
[01:52:27.000 --> 01:52:36.000]  Okay, maybe he does, but he does not have time for that to be a consideration, he's too busy cranking out these cases.
[01:52:36.000 --> 01:52:42.000]  And if you get screwed big time along the way, well sorry Bubba, life is tough.
[01:52:42.000 --> 01:52:51.000]  So you and I, we have to stand up and do something, and this whole procedure I've put together,
[01:52:51.000 --> 01:52:58.000]  it's not just something I come up with, it's something that's evolved over 30 years.
[01:52:58.000 --> 01:53:08.000]  And everything is about putting each public official that I talk to in a position that they're worried I'm going to come after them.
[01:53:08.000 --> 01:53:21.000]  I told the clerks, the assistant clerk, that I really like to file complaints accusing people of filing policy.
[01:53:21.000 --> 01:53:27.000]  For instance, I'm going to file a complaint against your elected clerk.
[01:53:27.000 --> 01:53:37.000]  But it is such a crappy little complaint that it's not intended to harm her, it's intended to reassert the system.
[01:53:37.000 --> 01:53:47.000]  Well, if she goes and tells the clerk I'm going to file criminal charges against her for answering my information request on the 16th day,
[01:53:47.000 --> 01:53:57.000]  when she had 15 days, and it is the 16th day because I don't have a mail problem, she emailed me.
[01:53:57.000 --> 01:54:05.000]  And my contention is one day late, we go to the grand jury, you explain your behavior to the grand jury.
[01:54:05.000 --> 01:54:16.000]  That is the second thing, the examining trial is the first because that will get the public and the police so they're not so afraid of each other.
[01:54:16.000 --> 01:54:20.000]  The police are terrified of us because we're afraid of them.
[01:54:20.000 --> 01:54:25.000]  It's a vicious circle and because of their training.
[01:54:25.000 --> 01:54:40.000]  So if we can get the magistrate back in place, then these public officials don't have to worry about criminal accusations coming at them for filing a policy that's flawed.
[01:54:40.000 --> 01:54:46.000]  And will eliminate most of the animosity between the police and the public.
[01:54:46.000 --> 01:55:01.000]  Once now in order to get the other thing in place, I'll take that complaint against the clerk for being one day late on an information request response
[01:55:01.000 --> 01:55:05.000]  and take it directly to the grand jury myself.
[01:55:05.000 --> 01:55:13.000]  And when I do that, the prosecuting attorney is going to interfere with my access to the grand jury.
[01:55:13.000 --> 01:55:21.000]  And then I'm going to take it to the Bexar County grand jury and the Travis County grand jury.
[01:55:21.000 --> 01:55:34.000]  Because I'm going to allege that while the district judge who impaneled the grand jury has a venue restriction, the grand jury does not.
[01:55:34.000 --> 01:55:37.000]  We used to have circuit judges in Texas.
[01:55:37.000 --> 01:55:41.000]  Judge Roy Bean was one of those famous.
[01:55:41.000 --> 01:55:46.000]  But they would ride from town to town and when they got there, they had whole hearings.
[01:55:46.000 --> 01:55:53.000]  Well, we've got enough people and enough judges and we didn't need them to ride a circuit anymore.
[01:55:53.000 --> 01:55:59.000]  So we carved out a venue for each one of them.
[01:55:59.000 --> 01:56:06.000]  And it is one of these district judges that impanels the grand jury.
[01:56:06.000 --> 01:56:20.000]  But there's nothing in code to indicate that the venue of the grand jury was restricted to the venue of the judge who impaneled them.
[01:56:20.000 --> 01:56:26.000]  So, so far as I can tell in law, a grand jury has statewide jurisdiction.
[01:56:26.000 --> 01:56:34.000]  They can hear a complaint from any place in the state.
[01:56:34.000 --> 01:56:46.000]  And that makes for a problem for public officials, especially when I file a complaint that's absolutely dead bang.
[01:56:46.000 --> 01:56:48.000]  If it's not, I don't file it.
[01:56:48.000 --> 01:56:56.000]  And if you did, you get those because I never asked a public official to do anything I actually want them to do.
[01:56:56.000 --> 01:57:04.000]  Now, I only ask public officials to do what the law requires them to do, and I'm sitting there waiting for them not to do it.
[01:57:04.000 --> 01:57:06.000]  That's what I told the chief of police.
[01:57:06.000 --> 01:57:07.000]  He said, what do you want me to do with these?
[01:57:07.000 --> 01:57:09.000]  So I don't care what you do with them.
[01:57:09.000 --> 01:57:13.000]  You give them to the manager, that'll serve my purpose.
[01:57:13.000 --> 01:57:16.000]  If you don't, that'll serve my purpose.
[01:57:16.000 --> 01:57:18.000]  I don't care what you do.
[01:57:18.000 --> 01:57:28.000]  And once we get them set up this way, now they know that we're setting them up and as soon as they screw something up,
[01:57:28.000 --> 01:57:38.000]  this guy's going to take you to the grand jury because I'm taking the district clerk to the grand jury over the most minor thing.
[01:57:38.000 --> 01:57:40.000]  One day late, sending me an email.
[01:57:40.000 --> 01:57:42.000]  Big deal.
[01:57:42.000 --> 01:57:44.000]  Well, yeah, it is a big deal.
[01:57:44.000 --> 01:57:50.000]  It's a Class A misdemeanor up to a year in jail.
[01:57:50.000 --> 01:58:01.000]  So when I start trying to get the district clerk arrested for a Class A misdemeanor for being one day late,
[01:58:01.000 --> 01:58:04.000]  then I take that to the grand jury and they interfere with me,
[01:58:04.000 --> 01:58:10.000]  and then I take complaints to every grand jury I can find against these guys,
[01:58:10.000 --> 01:58:15.000]  and they're going to get a call from every prosecutor telling them what I'm doing.
[01:58:15.000 --> 01:58:27.000]  If I can get four or five other people in Texas doing this, we will change everything and quickly.
[01:58:27.000 --> 01:58:30.000]  This is Randy Kelton, the Wheel of Law Radio.
[01:58:30.000 --> 01:58:32.000]  Thank you all for listening.
[01:58:32.000 --> 01:58:34.000]  It's been a good night.
[01:58:34.000 --> 01:58:43.000]  We will be back. Oh, I'm supposed to tell you, no Sunday traffic seminar.
[01:58:43.000 --> 01:58:45.000]  Eddie's not going to be available Sunday.
[01:58:45.000 --> 01:58:48.000]  I was supposed to say that earlier. My bad.
[01:58:48.000 --> 01:58:50.000]  Eddie will probably tell me.
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