ROL_2016-07-08_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you daily
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for Friday, the 8th of June, 2016, are currently trading with gold at $1,365.91
[00:29.000 --> 00:36.000]  an ounce, silver at $20.22 an ounce, Texas crude, $45.14 a barrel, and Bitcoin is currently
[00:36.000 --> 00:45.000]  sitting at about $662 U.S. currency.
[00:45.000 --> 00:51.000]  Today in history, the year 1947, reports are broadcast that a UFO crash landed in Roswell,
[00:51.000 --> 00:56.000]  New Mexico in what became known as the Roswell UFO incident, by far the most catalogued,
[00:56.000 --> 00:59.000]  controversial, and covered-up UFO crash in American history.
[00:59.000 --> 01:08.000]  The Roswell incident marks the beginning of modern-day ufology, today in history.
[01:08.000 --> 01:13.000]  In recent news, during a peaceful anti-police brutality protest Thursday night in Dallas,
[01:13.000 --> 01:18.000]  Texas, 25-year-old Micah Xavier Johnson from Mesquite, Texas, a military veteran in the
[01:18.000 --> 01:23.000]  U.S. Army Reserve, from March 2009 to April 2015, and combat soldier with deployment in
[01:23.000 --> 01:28.000]  Afghanistan, from late 2013 to mid-2014, who had no criminal record or known terror ties,
[01:28.000 --> 01:31.000]  suddenly began a police-targeting sniper spree.
[01:31.000 --> 01:35.000]  Though Dallas Police Chief David Brown did suggest that other suspects assisted in the
[01:35.000 --> 01:38.000]  coordination, along with law enforcement, previously stating that three people were
[01:38.000 --> 01:42.000]  in custody and that multiple shooters were involved, Johnson told negotiators that he
[01:42.000 --> 01:43.000]  was acting solo.
[01:43.000 --> 01:47.000]  The reason for his spree, as he then told them, was due to the two African-American
[01:47.000 --> 01:50.000]  men recently shot by police in Louisiana and Minnesota.
[01:50.000 --> 01:54.000]  Five police officers were killed and seven officers wounded, along with two non-law
[01:54.000 --> 01:56.000]  enforcement citizens, who were also injured.
[01:56.000 --> 02:00.000]  Johnson was eventually killed by a bomb drone after several hours of standoff negotiations
[02:00.000 --> 02:02.000]  with police in a parking garage.
[02:02.000 --> 02:05.000]  Federal law enforcement are now saying that Johnson was the only shooter.
[02:05.000 --> 02:09.000]  This is just the deadliest of the shooting sprees that has been occurring nationwide,
[02:09.000 --> 02:13.000]  where gunmen in Tennessee, Missouri, and Georgia have recently targeted and killed
[02:13.000 --> 02:19.000]  police officers.
[02:19.000 --> 02:22.000]  Google is testing new cryptography algorithms that hopefully quantum computing in the
[02:22.000 --> 02:24.000]  future might not be able to decipher.
[02:24.000 --> 02:28.000]  The fears that processing power offered by soon-to-emerge quantum computers could be
[02:28.000 --> 02:32.000]  enough to decrypt any Internet communications that were recorded today.
[02:32.000 --> 02:36.000]  So in order to preemptively future-proof today's Internet communications, Google is
[02:36.000 --> 02:40.000]  deploying what it's calling post-quantum cryptography, testing its effectiveness with
[02:40.000 --> 02:41.000]  their browser, Chrome Canary.
[02:41.000 --> 02:45.000]  For the test, they will be using a cryptographic algorithm called New Hope.
[02:45.000 --> 02:48.000]  However, with the test lasting two years, Google hopes it can replace the algorithm
[02:48.000 --> 02:53.000]  with something more up-to-date, down the line.
[02:53.000 --> 03:19.000]  This is Brooke Rhodey with your Lowdown for July 8, 2016.
[03:19.000 --> 03:35.000]  OK, howdy, howdy.
[03:35.000 --> 03:44.000]  This is Randy Kelton, Vet Pack, Wheel of Law Radio on this Friday, the 8th day of July
[03:44.000 --> 03:50.000]  2016, and Vet won't be with us tonight.
[03:50.000 --> 03:57.000]  She's a physical therapist, a physical trainer, and she's moving her business, so she's
[03:57.000 --> 03:59.000]  kind of tied up.
[03:59.000 --> 04:06.000]  I wanted to start out by speaking to this shooting in Dallas.
[04:06.000 --> 04:15.000]  I'm real concerned about the kinds of feedback we'll get from that.
[04:15.000 --> 04:22.000]  The guy who did this apparently was a single individual angry about the police shooting
[04:22.000 --> 04:25.000]  black people.
[04:25.000 --> 04:31.000]  And I certainly can't blame them because I just watched the video of this woman where
[04:31.000 --> 04:39.000]  they shot her boyfriend four times for following directions.
[04:39.000 --> 04:47.000]  He was doing exactly what the policeman told him to do, so I don't understand what happens
[04:47.000 --> 04:52.000]  to policemen when they get this terrified.
[04:52.000 --> 04:58.000]  And what I don't know about the policeman is whether or not he just left another location
[04:58.000 --> 05:05.000]  where he was in a shootout or where he had people, you know, he had a big commotion where
[05:05.000 --> 05:10.000]  he felt really threatened and it carried over to this situation.
[05:10.000 --> 05:17.000]  We don't know what went on, but to shoot an armed person four times after he told you
[05:17.000 --> 05:25.000]  he was armed, this was pretty egregious.
[05:25.000 --> 05:30.000]  And now to have this guy kill five police officers, holy mackerel.
[05:30.000 --> 05:37.000]  You know, I know a lot of policemen and I don't know a single policeman personally who
[05:37.000 --> 05:43.000]  became a policeman so that he could be a Jack Booth or a Duke Doug.
[05:43.000 --> 05:51.000]  All of them joined the police department because they wanted to help people.
[05:51.000 --> 05:53.000]  They wanted to be the good guys.
[05:53.000 --> 05:58.000]  They wanted to be the person you call when you need help.
[05:58.000 --> 06:03.000]  And they got into a system they did not create.
[06:03.000 --> 06:08.000]  They got in a system that they could not do anything with.
[06:08.000 --> 06:10.000]  Yeah, I know the argument.
[06:10.000 --> 06:17.000]  If you're part of a corrupt system, even if you're not corrupt, you're part of the problem
[06:17.000 --> 06:23.000]  because you haven't taken action against those that are.
[06:23.000 --> 06:28.000]  I understand that position, but in the real world we live in, if we're going to have policemen
[06:28.000 --> 06:36.000]  out there at all, they're going to have to find a way to work within the system they have.
[06:36.000 --> 06:40.000]  And I'm concerned primarily with training.
[06:40.000 --> 06:46.000]  This problem with police shooting people all over the place is not so much a problem with
[06:46.000 --> 06:50.000]  the police, it's a problem with training.
[06:50.000 --> 06:57.000]  When I was growing up, policemen never pulled their weapons.
[06:57.000 --> 07:00.000]  It just wasn't something they did.
[07:00.000 --> 07:05.000]  I had a friend who retired after 20 years and he said in his whole career he'd never
[07:05.000 --> 07:10.000]  had to pull his weapon a single time.
[07:10.000 --> 07:14.000]  They always found other ways of handling situations without pulling his weapon.
[07:14.000 --> 07:21.000]  Now, that's their go-to solution for anything.
[07:21.000 --> 07:29.000]  If I say one word a policeman doesn't like or doesn't expect, immediately his hand goes
[07:29.000 --> 07:31.000]  to his pistol.
[07:31.000 --> 07:35.000]  Now, that's not natural.
[07:35.000 --> 07:38.000]  That's training.
[07:38.000 --> 07:45.000]  We have our policemen supposedly engaged in this war on drugs.
[07:45.000 --> 07:52.000]  And the training the FBI and other agencies are giving the police, they're military training.
[07:52.000 --> 07:56.000]  And they're telling them they're in a war and they're acting like they're in a war.
[07:56.000 --> 08:07.000]  And they're treating their employers, their masters, as if they are part of an indigenous
[08:07.000 --> 08:11.000]  population under siege.
[08:11.000 --> 08:22.000]  Well, I've been in places where we pretty well controlled a population.
[08:22.000 --> 08:27.000]  And this is not that country.
[08:27.000 --> 08:34.000]  This is not a place where there are soldiers and civilians.
[08:34.000 --> 08:37.000]  I had a policeman call me a civilian once.
[08:37.000 --> 08:39.000]  I'm bristled.
[08:39.000 --> 08:50.000]  Excuse me, I am not a civilian and you are not in a military unit.
[08:50.000 --> 08:53.000]  You are a police officer.
[08:53.000 --> 08:56.000]  You are my servant.
[08:56.000 --> 09:01.000]  Don't you be calling me a civilian.
[09:01.000 --> 09:08.000]  And so it is my opinion that the problem we're having is not a problem with police.
[09:08.000 --> 09:14.000]  It's a problem with perception and the perception that is instilled in police officers when
[09:14.000 --> 09:16.000]  they're trained.
[09:16.000 --> 09:22.000]  They're training them to treat us as if we are the enemy.
[09:22.000 --> 09:25.000]  If we don't stop that, things are going to get real ugly.
[09:25.000 --> 09:28.000]  I do have the phone lines on.
[09:28.000 --> 09:35.000]  If you have a question or a comment, a topic you want to talk about, this police topic
[09:35.000 --> 09:37.000]  or others, give us a call.
[09:37.000 --> 09:43.000]  Our call in number is 512-646-1984.
[09:43.000 --> 09:47.000]  And that's about all I want to say on that ugly subject.
[09:47.000 --> 09:51.000]  It depresses me to even have to consider these things.
[09:51.000 --> 09:55.000]  It kind of breaks my heart because I know a lot of good policemen.
[09:55.000 --> 10:02.000]  And to have this happen, I also know a lot of good black people.
[10:02.000 --> 10:09.000]  So I am conflicted.
[10:09.000 --> 10:13.000]  You know, it's horrible that all this happened to these police officers.
[10:13.000 --> 10:20.000]  It's also horrible that all these people are getting killed for the criminal act of being
[10:20.000 --> 10:22.000]  black.
[10:22.000 --> 10:24.000]  We've got to fix both of those.
[10:24.000 --> 10:27.000]  Okay.
[10:27.000 --> 10:28.000]  One other thing.
[10:28.000 --> 10:35.000]  I had a little fun last night, Thursday night, in that I went with a friend of mine to a
[10:35.000 --> 10:37.000]  traffic hearing.
[10:37.000 --> 10:42.000]  I put together a couple of information requests.
[10:42.000 --> 10:56.000]  And they asked for certification for officers to enforce the traffic code and authorization
[10:56.000 --> 11:02.000]  for a municipality to certify officers to enforce the traffic code.
[11:02.000 --> 11:04.000]  It was two separate requests.
[11:04.000 --> 11:06.000]  They're relatively short.
[11:06.000 --> 11:15.000]  I've yet to have one actually responded to with the information that was required.
[11:15.000 --> 11:22.000]  I filed one with the city of Decatur and the chief of police sent me a letter back saying
[11:22.000 --> 11:33.000]  that he could not respond to my request as they did not enforce the Texas traffic code.
[11:33.000 --> 11:40.000]  I said, well, Rex, what do you enforce?
[11:40.000 --> 11:47.000]  And all I got was a little ooh and aah and stumbling and he had no idea how to answer
[11:47.000 --> 11:48.000]  me.
[11:48.000 --> 11:49.000]  So this has worked really good.
[11:49.000 --> 11:54.000]  And then I put together a pretty good sized challenge subject matter jurisdiction.
[11:54.000 --> 12:01.000]  And if anybody wants those documents, just send an email to randy at ruleofouradio.com
[12:01.000 --> 12:03.000]  and I'll send you what I have.
[12:03.000 --> 12:10.000]  You'll have to change the names in place of the guilty, the innocent, whatever.
[12:10.000 --> 12:12.000]  But I'll send you what I've already constructed.
[12:12.000 --> 12:17.000]  You can look at it and adjust it for your particular situation.
[12:17.000 --> 12:20.000]  We've already got two or three callers on board.
[12:20.000 --> 12:24.000]  Let me go to the call boards.
[12:24.000 --> 12:28.000]  Hello, Jody.
[12:28.000 --> 12:34.000]  And if anybody wants those documents, just send an email to Randy at ruleofouradio.com
[12:34.000 --> 12:37.000]  and I'll send you what I have.
[12:37.000 --> 12:43.000]  Robert, I'm getting my big feedback into my headset.
[12:43.000 --> 12:46.000]  You might want to check and see what that is.
[12:46.000 --> 12:48.000]  Jody, are you there?
[12:48.000 --> 12:49.000]  Yeah, hold on.
[12:49.000 --> 12:50.000]  Yeah, I'm here.
[12:50.000 --> 12:51.000]  Hold on a second.
[12:51.000 --> 12:52.000]  Sorry, I couldn't hear you.
[12:52.000 --> 12:53.000]  The phone was messed up on me.
[12:53.000 --> 12:54.000]  Can you hear me?
[12:54.000 --> 12:55.000]  Okay, yeah.
[12:55.000 --> 12:56.000]  We were having a little issue.
[12:56.000 --> 13:02.000]  I was getting my, what I was saying, feeding back to me on a relatively long delay.
[13:02.000 --> 13:08.000]  But it looks like the producer got that fixed.
[13:08.000 --> 13:10.000]  Okay, we're good.
[13:10.000 --> 13:13.000]  Okay, what do you have for us, Jody?
[13:13.000 --> 13:18.000]  First thing I want to say is that I don't know how large this audience is.
[13:18.000 --> 13:24.000]  I just found this group a couple weeks ago, and I thought I was in the light and the dark,
[13:24.000 --> 13:26.000]  and they are telling the truth.
[13:26.000 --> 13:31.000]  The first thing that I want to say is that the knowledge they're giving you is extremely powerful
[13:31.000 --> 13:34.000]  and used it very sparingly and wisely.
[13:34.000 --> 13:37.000]  You can totally destroy these cops' lives with this stuff,
[13:37.000 --> 13:39.000]  but most of them don't know what they're doing.
[13:39.000 --> 13:42.000]  So don't go out with vengeance.
[13:42.000 --> 13:43.000]  They just don't know.
[13:43.000 --> 13:44.000]  They're innocent.
[13:44.000 --> 13:45.000]  Forgive them.
[13:45.000 --> 13:46.000]  They don't know what they're doing.
[13:46.000 --> 13:48.000]  Educate them.
[13:48.000 --> 13:56.000]  That is perfect, and this is, I tell people, do not try to give a police officer legal advice.
[13:56.000 --> 13:57.000]  A dancing queen.
[13:57.000 --> 13:58.000]  I'm not.
[13:58.000 --> 13:59.000]  Listen to him.
[13:59.000 --> 14:00.000]  That's all.
[14:00.000 --> 14:01.000]  You guys rock and roll.
[14:01.000 --> 14:02.000]  Have fun.
[14:02.000 --> 14:03.000]  I love your baby.
[14:03.000 --> 14:04.000]  Bye.
[14:04.000 --> 14:12.000]  You have to understand that a police officer stops lots of people every day.
[14:12.000 --> 14:20.000]  And for the most part, in police work, they deal with a very small percentage of the population.
[14:20.000 --> 14:29.000]  And I spent some time in jail a couple of times, but on one of the occasions, I had an interesting experience.
[14:29.000 --> 14:37.000]  This is when they were trying to prosecute me in Wise County when a sheriff's deputy tried to kill me
[14:37.000 --> 14:43.000]  and wasn't able to get it done and then charged me to cover up what he did.
[14:43.000 --> 14:47.000]  So I was in jail for about three or four days.
[14:47.000 --> 14:54.000]  And they had these two guys in there that were out of Waco and were being transferred from one prison to another.
[14:54.000 --> 15:00.000]  And all day long, they talked real loud.
[15:00.000 --> 15:04.000]  I guess they thought everybody was impressed by them because they were hardcore.
[15:04.000 --> 15:16.000]  And all they could talk about was what they were going to have for their next meal and the caper they were going to pull when they got out of jail.
[15:16.000 --> 15:28.000]  And I thought if I was a policeman and I had to deal with people like this all day, every day, I would become very, very jaded.
[15:28.000 --> 15:33.000]  And I've had policemen ask me, why didn't I become a cop?
[15:33.000 --> 15:36.000]  Man, I couldn't do that job.
[15:36.000 --> 15:39.000]  I don't have the patience for it.
[15:39.000 --> 15:43.000]  I would beat somebody to a bloody pulp.
[15:43.000 --> 15:51.000]  I just don't have the patience and the tolerance that they have to have to deal with these crazy people that are out there.
[15:51.000 --> 15:55.000]  And then once while they come across one of us, it's not crazy.
[15:55.000 --> 15:59.000]  Well, how do they know?
[15:59.000 --> 16:08.000]  How do they shift gears and remember to treat us with the dignity and respect that we feel like we have a right to?
[16:08.000 --> 16:12.000]  Well, some are better at it than others.
[16:12.000 --> 16:20.000]  And we're not going to fix this problem picking fights with these police officers.
[16:20.000 --> 16:23.000]  They're not the ones who created this system.
[16:23.000 --> 16:36.000]  And I'm certain that none of them or at least maybe a few, but for the most part, nobody went into this business expecting to be in the position that they find themselves in.
[16:36.000 --> 16:38.000]  They're in this system.
[16:38.000 --> 16:39.000]  They can't fix it.
[16:39.000 --> 16:40.000]  They don't.
[16:40.000 --> 16:43.000]  I don't know a single policeman who likes it, but they're stuck in it.
[16:43.000 --> 16:44.000]  Hang on.
[16:44.000 --> 16:46.000]  Randy Kelton.
[16:46.000 --> 16:50.000]  I call it number 512-646-1984.
[16:50.000 --> 16:52.000]  Jody, we lost you there.
[16:52.000 --> 16:54.000]  If you weren't done, call back.
[16:54.000 --> 16:56.000]  We'll put you back on.
[16:56.000 --> 17:23.000]  We'll be right back.
[17:26.000 --> 17:31.000]  We'll be right back.
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[19:24.520 --> 19:38.040]  Okay, we are back. Randy Kelton is back with Logos Radio and we're going to Alex in New
[19:38.040 --> 19:45.120]  York. Hello, Alex. Hello, sir. How are you doing? Hello. I'm doing good. What do you
[19:45.120 --> 19:54.080]  have for us today? I have two things I want to ask you. One is more about your opinion
[19:54.080 --> 20:04.920]  but first, I got into a very weird accident a few days ago coming back. It was the entrance
[20:04.920 --> 20:13.920]  to a highway and it was wide enough where I thought it was too rain. When I tried to
[20:13.920 --> 20:19.600]  pass the car on the left, not speeding up but very normal speed, he kind of swerved
[20:19.600 --> 20:29.560]  on to me. At that point, I admit I maybe shouldn't have done it second time but when I second
[20:29.560 --> 20:34.960]  time I tried it, he actually, he swerved on to me and he hit me on purpose and kept pushing
[20:34.960 --> 20:43.000]  me off onto the edge. He pulled over. I didn't get out of the car. I called 911. I reported
[20:43.000 --> 20:52.000]  what happened. State police came and I ended up getting a ticket for careless driving.
[20:52.000 --> 21:03.960]  You were the one doing the passing. They called it passing when unsafe? Yes. The statute that
[21:03.960 --> 21:10.000]  he gave me, I won't try to research it but careless driving, a person who drives a vehicle
[21:10.000 --> 21:17.360]  carelessly or without due caution and circumspection in a manner so as to endanger or be likely
[21:17.360 --> 21:25.960]  to endanger a person or property shall be guilty of careless driving. The other driver
[21:25.960 --> 21:32.080]  is the one who made the description of this and I have it on video. Now, I didn't tell
[21:32.080 --> 21:36.640]  the police after I had it on video because I called the lawyer and he said let's review
[21:36.640 --> 21:45.080]  it first and then we'll submit it in case that, you know, it's not in your favor. What
[21:45.080 --> 21:55.200]  can I research regarding the ticket and also what can I research to help me with the insurance
[21:55.200 --> 22:03.320]  dealings? I would suggest that you file criminal charges against the other driver for vehicular
[22:03.320 --> 22:11.560]  assault. I tried to explain to the officer, he said as well, you tried to pass. You don't,
[22:11.560 --> 22:18.240]  okay, first thing, you don't file criminal complaints with police officers. They all
[22:18.240 --> 22:26.040]  try to force you to police officers but don't buy that story. Nothing in law directs a complaint
[22:26.040 --> 22:35.880]  to a police officer. Everything in law directs a complaint to some magistrate. Now, the magistrates
[22:35.880 --> 22:43.880]  and everybody will try to send you to some police officer but don't buy that. I just
[22:43.880 --> 22:49.120]  filed against a federal judge in Fort Worth and took it straight to the county clerk.
[22:49.120 --> 22:54.520]  County four gave it to the county clerk because I couldn't get to see a magistrate. They
[22:54.520 --> 22:59.760]  just shielded them. So, I gave it to the county clerk on the condition that he presented to
[22:59.760 --> 23:08.080]  some magistrate and he didn't do it. Now, I filed against the clerk. So, part of the
[23:08.080 --> 23:16.080]  system that we have to fix is this notion that our public officials control our system
[23:16.080 --> 23:26.040]  to the detriment of the citizen and they do not. I tried to understand that but I'm very
[23:26.040 --> 23:36.120]  new to you guys and so, I sit down and file a complaint, criminal complaint against the
[23:36.120 --> 23:41.680]  driver but I would imagine I have to do a lot of studying before I... That is not too
[23:41.680 --> 23:49.760]  hard. Just look up. You need to find the statute that this is where he, you say he intentionally
[23:49.760 --> 23:59.320]  drove into you. And the video shows that. Okay. Because if you come to a stop, his direction
[23:59.320 --> 24:06.120]  is completely off the road. So, it shows that he kept pushing onto me. A normal person that
[24:06.120 --> 24:13.480]  he tagged would have... It looks like road rage. It looks like vehicular assault. Yes.
[24:13.480 --> 24:20.880]  So, look those two up and see what constitutes vehicular assault and road rage. See which
[24:20.880 --> 24:28.400]  one is the more serious. It's probably vehicular assault. Okay. Now, where... You make up a
[24:28.400 --> 24:38.440]  complaint and you can... Did he give you a traffic citation, the police officer? Did
[24:38.440 --> 24:46.400]  he arrest you? No, he did not arrest me. Okay. Then it was a traffic citation. So, just go
[24:46.400 --> 24:57.400]  down to the county court and ask to see any file, any criminal case that's in their files
[24:57.400 --> 25:03.240]  and look at... There are two documents. One is a criminal complaint and often times you
[25:03.240 --> 25:11.280]  won't find the complaint in the record. The other one is an information. An information
[25:11.280 --> 25:18.480]  looks exactly like a criminal complaint. The criminal complaints are intended to be written
[25:18.480 --> 25:25.480]  by private citizens. When a police officer presents a criminal complaint to a magistrate,
[25:25.480 --> 25:30.440]  he does not do that in his capacity as a police officer. He does that in his capacity as a
[25:30.440 --> 25:38.040]  private citizen. So, they're intended to be written by non-lawyers. So, when the prosecutor
[25:38.040 --> 25:46.340]  gets a complaint, he's to take the complaint and convert it into an information. An information
[25:46.340 --> 25:55.640]  is a complaint constructed correctly according to law and styling and verbiage. So, if you
[25:55.640 --> 26:00.480]  get an information, you look at it, you take information off the top, you put criminal
[26:00.480 --> 26:09.600]  complaint on the top, you got a criminal complaint. So, go down to see what they use in New York.
[26:09.600 --> 26:13.960]  The body of the complaint is almost always the same. It's just the headings are somewhat
[26:13.960 --> 26:16.960]  different. Texas is unique.
[26:16.960 --> 26:19.960]  To go to that particular county?
[26:19.960 --> 26:22.960]  Wait, say that again?
[26:22.960 --> 26:28.960]  Do I need to go to that particular county or anywhere in the state?
[26:28.960 --> 26:32.480]  Yeah, county, anywhere. All of the criminal complaints are going to be the same no matter
[26:32.480 --> 26:40.520]  where you find them. New York is going to have one style for criminal complaints. In
[26:40.520 --> 26:47.040]  Texas, we have a law that says that all complaints shall run in the name of the state of Texas.
[26:47.040 --> 26:54.360]  So, it starts out in the name and by the authority of the state of Texas. I so and so have reason
[26:54.360 --> 27:01.280]  to believe and do believe based on the following. That's how a Texas complaint starts. But in
[27:01.280 --> 27:08.920]  most other states, the heading is just like a court filing where you would have the state
[27:08.920 --> 27:15.680]  of New York versus Alex whatever on one side and on the other side, you would have what
[27:15.680 --> 27:23.440]  the citation is or what the heading of the document is just like any other court pleading.
[27:23.440 --> 27:28.160]  So, you just need to look at an information and that will tell you exactly what it should
[27:28.160 --> 27:30.360]  look like.
[27:30.360 --> 27:38.900]  You make one up and you sit down before a notary and have it notarized and then you
[27:38.900 --> 27:46.480]  mail it to a magistrate certified mail. Now, they can't tell you, well, you ought to send
[27:46.480 --> 27:53.920]  it here, you ought to send it there and the magistrate gets it and all judges are magistrates.
[27:53.920 --> 28:01.680]  And what you're likely to get is the document sent back to you with this very nice letter
[28:01.680 --> 28:10.800]  explaining how you need to take this to the police department. No, you don't. There's
[28:10.800 --> 28:19.120]  nothing in law that directs a complaint to a police officer. Nothing. So, now you make
[28:19.120 --> 28:25.920]  a complaint against the magistrate and I generally start with a low level magistrate. So, I can
[28:25.920 --> 28:33.840]  pretend like this JPE or this municipal judge who doesn't necessarily have to be a lawyer.
[28:33.840 --> 28:41.440]  I can pretend like he didn't know what he was doing and file criminally against him
[28:41.440 --> 28:46.520]  with the next highest judge. So, what's this next judge going to do when he gets a criminal
[28:46.520 --> 28:54.540]  complaint sent to him by verified mail accusing a lower level judge of not acting on a criminal
[28:54.540 --> 29:04.120]  complaint sent to him by a certified mail? You see the spot you put him in, Alex?
[29:04.120 --> 29:05.120]  Question.
[29:05.120 --> 29:13.720]  It's all about the politics. The magistrate didn't do his job so you land on the magistrate.
[29:13.720 --> 29:23.480]  This is how the master handles his servants. And one of the things you try to never do
[29:23.480 --> 29:29.880]  is give legal advice. Giving legal advice is kind of subtle. When you say to a policeman,
[29:29.880 --> 29:35.080]  oh, you're supposed to do this, you're supposed to do that, that's legal advice. You're offering
[29:35.080 --> 29:41.520]  it as fair warning that he's going to treat it as a threat every time. So, we like Bush
[29:41.520 --> 29:46.400]  Wreck a whole lot better and we'll talk about that when we come back. Randy Kelton, Vet
[29:46.400 --> 29:56.400]  Pack, Rue La Radio, a call in number 512-646-1984. We'll be right back.
[29:56.400 --> 30:05.880]  Here's one more reason not to trust governments and databases. Citizens of Missouri discovered
[30:05.880 --> 30:10.560]  outside companies obtained their driver's license information including names, addresses
[30:10.560 --> 30:14.880]  and birth dates. I'm Dr. Catherine Albrecht and I'll be right back with more.
[30:14.880 --> 30:20.200]  Your search engine is watching you, recording all your searches and creating a massive database
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[30:45.600 --> 30:49.720]  Driver's license databases are supposed to be private but information resellers got a
[30:49.720 --> 30:54.560]  hold of Missouri's records and put them up for sale. Angry Citizens filed a class action
[30:54.560 --> 30:59.560]  lawsuit against Missouri Department of Motor Vehicle employees and the information resellers.
[30:59.560 --> 31:04.640]  A court settlement requires Shadowsoft and the source for public data to return the driver's
[31:04.640 --> 31:09.520]  license information and stop selling it. However, they still have their dirty paws on DMV records
[31:09.520 --> 31:16.000]  from other states including Texas, Florida, Ohio, Wisconsin, Mississippi, Idaho, Minnesota
[31:16.000 --> 31:20.080]  and Iowa. If you're in one of those states, contact your state lawmakers and ask them
[31:20.080 --> 31:24.640]  to put a stop to the sale of your personal information. I'm Dr. Catherine Albrecht. More
[31:24.640 --> 31:27.400]  news and information at CatherineAlbrecht.com.
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[32:00.280 --> 32:06.480]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[32:06.480 --> 32:09.720]  we live in an us against them society. If we the people are ever going to have a free
[32:09.720 --> 32:13.800]  society then we're going to have to stand and defend our own rights. Among those rights
[32:13.800 --> 32:17.040]  are the right to travel freely from place to place, the right to act in our own private
[32:17.040 --> 32:21.000]  capacity and most importantly, the right to due process of law. Traffic courts afford
[32:21.000 --> 32:24.880]  us the least expensive opportunity to learn how to enforce and preserve our rights through
[32:24.880 --> 32:29.020]  due process. Former Sheriff's Deputy A. Craig in conjunction with Rule of Law Radio has
[32:29.020 --> 32:32.520]  put together the most comprehensive teaching tool available that will help you understand
[32:32.520 --> 32:36.280]  what due process is and how to hold courts to the rule of law. You can get your own
[32:36.280 --> 32:40.480]  copy of this invaluable material by going to ruleoflawradio.com and ordering your copy
[32:40.480 --> 32:44.000]  today. By ordering now you'll receive a copy of Eddie's book, The Texas Transportation
[32:44.000 --> 32:48.440]  Code, The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of
[32:48.440 --> 32:52.160]  research documents and other useful resource material. Learn how to fight for your rights
[32:52.160 --> 32:56.800]  with the help of this material from ruleoflawradio.com. Order your copy today and together we can
[32:56.800 --> 33:03.800]  have free society we all want and deserve. You're listening to the Logos Radio Network
[33:06.400 --> 33:13.400]  at logosradionetwork.com. Okay, we are back, Randy Kelton back pack rule of law radio and
[33:19.560 --> 33:25.880]  if Ed is not with us tonight, he should be back next week. Okay, we're talking to Alex
[33:25.880 --> 33:32.880]  in New York and Alex I know sometimes I sound kind of pedantic and I keep going over some
[33:33.000 --> 33:40.000]  of these excruciating details but there are just a two or three concepts that once you
[33:43.760 --> 33:50.760]  get them down, you become a force to be reckoned with and probably the most effective one is
[33:50.760 --> 33:57.760]  the concept of Bushwhack. The concept of not giving legal advice to anyone because when
[34:01.960 --> 34:08.960]  we give legal advice, we're essentially giving fair warning and Bushwhack works so much better.
[34:11.640 --> 34:18.280]  When you don't give them a clue, for instance, last night I went into a traffic court with
[34:18.280 --> 34:25.280]  a friend of mine and he used my documents. Well, the judge knew me real well and he asked
[34:26.800 --> 34:31.080]  the guy if the guy had any help writing these documents. He said, yeah, I had some assistance
[34:31.080 --> 34:38.080]  and he looked over at me and he said to Mr. Kelton, you are treading a very fine line
[34:42.320 --> 34:47.680]  and I thought about saying and no, I'm not, I'm a paralegal and I could be a paralegal
[34:47.680 --> 34:54.680]  in Texas. 38.1223 says that illegal practice of law constitutes holding yourself out as
[34:55.120 --> 35:00.200]  a lawyer and representing someone in a personal injury and property damage case and that's
[35:00.200 --> 35:07.200]  it but I didn't tell him that. Neither did I tell him that he was the one walking a fine
[35:07.200 --> 35:14.200]  line. He actually threatened me for exercising a right. That's a felony in Texas, 36.06 Pena
[35:19.760 --> 35:26.760]  Code but I didn't give him any warning that he was treading across a very serious legal
[35:28.800 --> 35:35.560]  line. The only way he would find out that I believed that is when I filed criminal charges
[35:35.560 --> 35:42.560]  against him for a felony retaliation. We don't want them to see it coming. So here you follow
[35:45.760 --> 35:52.760]  these steps and what it looks like to them is this guy's in here setting us up. He sent
[35:55.480 --> 36:00.320]  that to that magistrate knowing full well the magistrate wasn't going to act on it.
[36:00.320 --> 36:05.920]  We said yeah, that's right, we did that. But now he sends it to this next judge knowing
[36:05.920 --> 36:12.600]  that he's put this next judge on the dime and he's likely to do nothing with it and
[36:12.600 --> 36:16.440]  this guy knows I'm going to do nothing with it and he's going to come after me. That's
[36:16.440 --> 36:23.440]  exactly right. This is all about politics. Does that make sense Alex?
[36:23.440 --> 36:30.440]  No. Okay, let me tell you why it does make sense. These guys are going to charge you
[36:32.520 --> 36:38.120]  with anything they want to and they figure 99% of the people that just paid the ticket.
[36:38.120 --> 36:45.120]  If you want them to toss this ticket, you've got to give them a reason to do it. It doesn't
[36:46.360 --> 36:51.320]  have anything to do with the right of things or the rule of law. You've got to give them
[36:51.320 --> 36:58.320]  a personal or professional reason to throw this ticket out. When this local JP or municipal
[37:00.400 --> 37:07.400]  judge hearing your case has a higher level judge breathing down his neck because the
[37:08.440 --> 37:15.440]  higher level judge is getting charges against him by you because of these guys, politics.
[37:15.440 --> 37:22.440]  Okay, what does it make sense to you? So what you're saying is this is to throw
[37:26.080 --> 37:33.080]  out the ticket. What I was asking also was how to handle the insurance companies to make
[37:33.080 --> 37:40.080]  sure that I'm not found to be at fault. You have to get the tickets thrown out.
[37:41.040 --> 37:44.600]  Okay. That's the only way.
[37:44.600 --> 37:51.600]  Oh, okay. When I file a criminal complaint against another driver for vehicular assault
[37:54.600 --> 38:01.600]  or road rage through the manner that you said, and then the magistrate doesn't ask on it,
[38:03.840 --> 38:08.600]  I file against him. What happens after that?
[38:08.600 --> 38:15.600]  You'll file against him with the next highest level judge. The first one would be you're
[38:15.600 --> 38:22.600]  in New York. So the first one would be with the, you don't have a, do you have magistrate
[38:23.400 --> 38:26.600]  courts? Do you have JP's in New York?
[38:26.600 --> 38:29.600]  No, this is in New Jersey.
[38:29.600 --> 38:35.920]  Oh, okay. Okay. They must have put it wrong on the deal because New York, the lowest level
[38:35.920 --> 38:41.920]  court is supreme and that's always confusing. You go to the lowest level and you want to
[38:41.920 --> 38:48.920]  kind of walk your way up. And there's a political reason for that. When that lowest level judge
[38:50.440 --> 38:57.360]  refuses to act on your criminal complaint, see, he almost never gets anything like that.
[38:57.360 --> 39:03.920]  All he gets are tickets. And if he's a justice of the peace, then he may get some complaints
[39:03.920 --> 39:10.920]  for the purpose of filing, preparing a warrant, but he's not going to know what to do with
[39:11.280 --> 39:16.920]  your ticket. I mean, sorry, with your complaint. And he's going to ask the prosecutor, the
[39:16.920 --> 39:20.760]  prosecutor is going to tell him, send it back to you and tell you to file it with the police
[39:20.760 --> 39:26.920]  department. Well, this is what the prosecutor wants because it makes his life easier, but
[39:26.920 --> 39:33.920]  we don't care what the prosecutor wants. We care whether or not a magistrate does his
[39:34.560 --> 39:38.560]  job. And it's a magistrate's duty when he's made known that a crime has been committed
[39:38.560 --> 39:43.800]  to hold an examining trial. Well, this guy's probably never held an examining trial in
[39:43.800 --> 39:47.120]  his life, so he don't know what to do with it. He's going to send it back to you. When
[39:47.120 --> 39:53.960]  he does, you go to the next level judge and it'll be a general county court judge. And
[39:53.960 --> 40:02.960]  he's a lawyer, he's been elected. And you accuse this judge of shielding the original
[40:02.960 --> 40:12.960]  accused from prosecution by misfeasance in office. And then you'll have a statute in
[40:12.960 --> 40:20.960]  New Jersey that reflects 18 U.S. Code 242. And I'm kind of paraphrasing, it's a little
[40:20.960 --> 40:27.960]  complex other words worded, but essentially what 18 U.S. Code 242 says is that if a public
[40:28.080 --> 40:34.600]  official acting under the color of his authority exerts or purports to exert an authority he
[40:34.600 --> 40:39.680]  does not expressly have, or fails to perform a duty he's required to perform, then the
[40:39.680 --> 40:45.200]  process denies the citizen full of free access to enjoyment of right. That's a class A misdemeanor
[40:45.200 --> 40:51.200]  in the fed, it's a class A misdemeanor in most every state. New Jersey may be somewhat
[40:51.200 --> 40:56.880]  different, they may be, I think they're a commonwealth, so they may not call them class
[40:56.880 --> 41:03.880]  A misdemeanors, it may be something different, but it'll be the next thing to a felony. So,
[41:04.760 --> 41:10.680]  you want to put the judge on the dime. And then when you go to the second judge you let
[41:10.680 --> 41:17.480]  him know by the structure of your complaint that you're going to file the same thing against
[41:17.480 --> 41:23.920]  him. The fact that the prosecutor wants you to give it to the police department, well
[41:23.920 --> 41:30.240]  ask him to show you that in law. So, I've never found it. Everything directs to the
[41:30.240 --> 41:37.000]  magistrate. So, now you start creating politics. You'll never win your case simply because
[41:37.000 --> 41:41.840]  you have the law and the facts on your side. You'll win your case if you have the politics
[41:41.840 --> 41:48.840]  on your side. I just went to this judge and dropped a criminal complaint against the mayor
[41:53.280 --> 42:00.280]  because he didn't respond to an information request concerning this case. So, now the
[42:00.280 --> 42:07.280]  municipal judge is on a dime. We're warning him to hold an examining trial to determine
[42:09.840 --> 42:15.920]  whether or not to arrest the mayor. And I got the mayor dead and bang. And Mark knows
[42:15.920 --> 42:22.920]  me real well. He knows exactly what I'm doing to him. That when he refuses to act on the
[42:23.000 --> 42:28.720]  complaint then I file against him because I filed against him before. Now, he's going
[42:28.720 --> 42:34.240]  to go to the mayor and tell the mayor what's going on. And there's a very good chance when
[42:34.240 --> 42:40.880]  he comes back to the next hearing, they're going to dismiss this just to get rid of him.
[42:40.880 --> 42:46.680]  My last ticket, that's what they did. They dismissed it in order to get rid of me. And
[42:46.680 --> 42:53.680]  I didn't even show up for the hearing. I got it the wrong day and didn't show up. And they
[42:53.680 --> 43:00.680]  dismissed it while I was gone because they did not want to have to deal with it. So,
[43:01.520 --> 43:08.520]  you want to make yourself difficult. I understand that but I have to make a claim with the insurance
[43:11.360 --> 43:18.360]  company and they usually move very fast. It sounds like it'll take a while, right? Okay,
[43:18.360 --> 43:25.360]  the insurance company will likely move quickly and fix your car. And they're likely to charge
[43:26.600 --> 43:33.600]  it against you until you can get this ticket thrown out. And then it won't be charged against
[43:34.120 --> 43:39.480]  you. It'll be charged against you anyway. An accident's an accident. As far as the insurance
[43:39.480 --> 43:46.320]  company is concerned, they don't care. You get an accident that goes on your list, you're
[43:46.320 --> 43:50.280]  getting two accidents, they're going to cancel. Your fault, their fault, nobody's fault, they
[43:50.280 --> 44:17.280]  don't care. That part I don't think you can fix. Hang on, we'll be right back.
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[45:01.360 --> 45:04.560]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.400 --> 46:29.400]  Okay, we are back.
[46:29.400 --> 46:36.400]  Randy Kelton, VetPak, Rule of Law Radio on this Friday, the 8th day of July, 2016.
[46:36.400 --> 46:38.400]  And we're talking to Alex in New York.
[46:38.400 --> 46:42.400]  And Alex, I'm not a very good listener today apparently.
[46:42.400 --> 46:47.400]  I finally understood what your question really is.
[46:47.400 --> 47:00.400]  The insurance company is going to come out and fix your car, and then they're going to charge this against you or someone else.
[47:00.400 --> 47:07.400]  Well, at the end of the day, it doesn't make any difference.
[47:07.400 --> 47:14.400]  The insurance company is going to consider this a mark against you regardless.
[47:14.400 --> 47:21.400]  And most likely, they'll increase your insurance rate, and if you get a second one, they'll cancel.
[47:21.400 --> 47:26.400]  And it doesn't make any difference if it's your fault or somebody else's.
[47:26.400 --> 47:31.400]  I don't know an easy way to handle that one, Alex.
[47:31.400 --> 47:48.400]  Okay, understood. Now, do you have a blog or anything of the sort where I can get more detailed instructions on the processes you just explained to me?
[47:48.400 --> 47:50.400]  I don't have a blog.
[47:50.400 --> 47:56.400]  We had considered setting those up for quite a while, but they take so much time.
[47:56.400 --> 48:03.400]  And we do six hours of show a week, and it takes time to get set up for that.
[48:03.400 --> 48:07.400]  We don't get paid for doing this show, so we have to make our living.
[48:07.400 --> 48:10.400]  So I ran out of time I could put into it.
[48:10.400 --> 48:14.400]  My blog would be very time-consuming, so I haven't put one together.
[48:14.400 --> 48:25.400]  But you can email me if you have questions, randy at ruleoflawradio.com, and I'll answer them as best I can.
[48:25.400 --> 48:28.400]  Okay, thank you.
[48:28.400 --> 48:41.400]  So I tried to look up, you know, different rules and laws regarding the rules I was on, but I couldn't find any websites that had the laws.
[48:41.400 --> 48:44.400]  How can I look up these things?
[48:44.400 --> 48:50.400]  Well, the first thing, this is a pretty long study.
[48:50.400 --> 49:06.400]  If you're starting from scratch, you'll want to look up your New Jersey criminal code, your New Jersey criminal procedure code, and the New Jersey traffic code.
[49:06.400 --> 49:10.400]  And there's a way to do this that will save you a lot of time.
[49:10.400 --> 49:14.400]  Get the penal code and just read through it quickly.
[49:14.400 --> 49:17.400]  Don't try to memorize anything.
[49:17.400 --> 49:19.400]  Don't try to understand all of it.
[49:19.400 --> 49:22.400]  Just read down through it.
[49:22.400 --> 49:27.400]  It's because you're new to the subject, so everything's new.
[49:27.400 --> 49:39.400]  The way the codes are constructed is the laws are passed into the general laws as they become an issue.
[49:39.400 --> 49:41.400]  So they're not passed in order.
[49:41.400 --> 49:55.400]  And then the jurisdictions hire a publishing company to go through the public laws and sort those out that fit together and codify them into a code.
[49:55.400 --> 50:04.400]  Well, what that does is create a code that's not necessarily chronological.
[50:04.400 --> 50:22.400]  In that, you read through the code and you'll see where it says that a magistrate is required to, that when a magistrate sits for the purpose of examining into a criminal accusation, that is an examining court.
[50:22.400 --> 50:27.400]  And that's not going to make any sense to you until you get to Chapter 16.
[50:27.400 --> 50:29.400]  And this is in Chapter 2.
[50:29.400 --> 50:33.400]  When you get to Chapter 16, it's all about an examining court.
[50:33.400 --> 50:39.400]  And then you say, oh, okay, that's what they were talking about way back there at the beginning.
[50:39.400 --> 50:41.400]  So just read through the whole thing.
[50:41.400 --> 50:43.400]  Go back and read through it again.
[50:43.400 --> 50:51.400]  It looks bigger than it is because the way codes tend to be outlined, it's a lot of white space.
[50:51.400 --> 50:53.400]  So just read through the penal code.
[50:53.400 --> 51:04.400]  And there are big sections that you won't have any concern about, real estate law, certain types of gaming equipment.
[51:04.400 --> 51:11.400]  There's two thirds of it you won't care about, just the basic criminal statutes.
[51:11.400 --> 51:19.400]  And then you go to the criminal procedure code and it kind of lays out how criminal procedure will be done.
[51:19.400 --> 51:24.400]  That one's a little longer, but it also is a pretty quick read.
[51:24.400 --> 51:26.400]  Read it through once.
[51:26.400 --> 51:29.400]  Go back to the beginning and read through a second time.
[51:29.400 --> 51:34.400]  You will know that code better than about any lawyer out there.
[51:34.400 --> 51:43.400]  And then you might want to read the traffic, the New Jersey transportation code.
[51:43.400 --> 51:51.400]  And that would be pretty easy because most of the citations you'll know about, you heard about 90% of them,
[51:51.400 --> 51:54.400]  there will be some you've never heard of.
[51:54.400 --> 52:01.400]  And what came out when I went through the code were the charges,
[52:01.400 --> 52:06.400]  the things I've been charged with that don't exist in the code.
[52:06.400 --> 52:15.400]  But if you cruise through them twice, you will know this code better than most any attorney.
[52:15.400 --> 52:18.400]  And it doesn't take terribly long time.
[52:18.400 --> 52:24.400]  There is one other thing if you want to be able to fight your own issues.
[52:24.400 --> 52:40.400]  And you might go to logosradionetwork.com and look for the banner with Dr. Frederick Grace for a jurisdiction area.
[52:40.400 --> 52:45.400]  It's about a $250 course, $275, something like that.
[52:45.400 --> 52:56.400]  But it will take you through all the stuff that lawyers need to know that they tend not to teach in law school.
[52:56.400 --> 52:59.400]  Lawyers learn how to argue legal issues in law school.
[52:59.400 --> 53:02.400]  They don't learn how to practice law.
[53:02.400 --> 53:05.400]  They get out of school and generally go to work for a law firm.
[53:05.400 --> 53:10.400]  The law firm shows them how to file motions, how to get motions put on for hearings,
[53:10.400 --> 53:15.400]  how to construct motions, the difference between motions and pleadings.
[53:15.400 --> 53:21.400]  All this stuff they need to know to be able to handle themselves in court.
[53:21.400 --> 53:24.400]  For the most part, they don't teach it in law school.
[53:24.400 --> 53:26.400]  They expect you to learn it once you get out.
[53:26.400 --> 53:30.400]  Jurisdictionary has all of it.
[53:30.400 --> 53:31.400]  You go through Jurisdictionary.
[53:31.400 --> 53:41.400]  We have Mark from Wisconsin Next, and I talked to him for five minutes and it was clear he had been through Jurisdictionary
[53:41.400 --> 53:45.400]  because he knew the answer to every question I asked.
[53:45.400 --> 53:55.400]  If you want to fight for your rights, I suggest the only effective way to do it is by doing some reading and research.
[53:55.400 --> 54:03.400]  Alex, I guarantee you this will do more good for you than you can imagine.
[54:03.400 --> 54:08.400]  You know, I drive down the street now and those lights come on behind me.
[54:08.400 --> 54:13.400]  I don't get that little feathery feeling in the pit of my stomach.
[54:13.400 --> 54:20.400]  I look up in the rearview mirror and I think, go ahead, Bubba, take your best shot.
[54:20.400 --> 54:23.400]  We see that is worth out for you.
[54:23.400 --> 54:26.400]  I told the one that gave me the last ticket.
[54:26.400 --> 54:37.400]  I said, Officer Reese, I'm going to give you a romp through the legal system you are not going to believe.
[54:37.400 --> 54:38.400]  And he was incredulous.
[54:38.400 --> 54:41.400]  He didn't believe it, but he does now.
[54:41.400 --> 54:45.400]  And I can assure you, he sees my white avalanche.
[54:45.400 --> 54:48.400]  He's not going to pull it over again.
[54:48.400 --> 54:53.400]  Okay. Is that helpful, Alex?
[54:53.400 --> 54:54.400]  Very helpful.
[54:54.400 --> 55:03.400]  One thing that was troublesome for me is where do I go to find the criminal code, the criminal procedure code?
[55:03.400 --> 55:14.400]  Just go on the Internet and do a search for New Jersey criminal code, New Jersey criminal procedure code.
[55:14.400 --> 55:21.400]  We call it the Code of Criminal Procedure, but every other state calls it a criminal procedure code.
[55:21.400 --> 55:23.400]  So just do a Google search?
[55:23.400 --> 55:28.400]  Yes. I do most of my legal research that way.
[55:28.400 --> 55:39.400]  I do a lot better on the Internet than just browser search than I do with Lexis or Westlaw.
[55:39.400 --> 55:47.400]  Okay. Now, this is an idea I have kind of bugging me.
[55:47.400 --> 55:51.400]  I wanted to see what your opinion would be about it.
[55:51.400 --> 55:55.400]  For the past four or five months, I live in New York City.
[55:55.400 --> 56:00.400]  I have been videotaping my driving on the dashcam.
[56:00.400 --> 56:05.400]  I probably have, I don't know, hundreds of hours of video on the road.
[56:05.400 --> 56:15.400]  And I have gotten so many tickets, and my idea has been that they are creating this lawless environment
[56:15.400 --> 56:25.400]  where everybody is just chaos when you drive on the street, where you're almost forced to just break laws left and right.
[56:25.400 --> 56:30.400]  And so then that creates a rich environment for them to just give tickets left and right to everybody.
[56:30.400 --> 56:39.400]  I grew up in the city of Chicago and had exactly the same concern.
[56:39.400 --> 56:51.400]  The laws were such that, given the driving conditions, it was virtually impossible not to violate them.
[56:51.400 --> 57:01.400]  And the cops knew that, and they used it to use traffic citations as a profit source.
[57:01.400 --> 57:05.400]  But I guarantee you, they've got a list.
[57:05.400 --> 57:10.400]  They've got a list of people that, when they run your plate on the computer,
[57:10.400 --> 57:21.400]  it's going to come up and say, do not pull this jerk over. He is going to give us more grief than we want to deal with.
[57:21.400 --> 57:28.400]  Scott Richardson can tell you that. They do that to him in West Dallas, East Dallas, where he's from,
[57:28.400 --> 57:33.400]  because he's been taking them on and fighting them.
[57:33.400 --> 57:44.400]  How to fix it? The only way I know to fix it is to get more and more people to fight them this way.
[57:44.400 --> 57:52.400]  Okay. And you think I have any chance being a commercially licensed driver in New York City?
[57:52.400 --> 58:01.400]  Okay. Were you driving in commerce when you got in this accident?
[58:01.400 --> 58:03.400]  No.
[58:03.400 --> 58:08.400]  Okay. And whether you have a commercial license or not is irrelevant.
[58:08.400 --> 58:10.400]  Okay. Got it.
[58:10.400 --> 58:26.400]  But in saying that, I need to back up a little bit. If you have a CDL, citations always go against your CDL, so that's a big deal.
[58:26.400 --> 58:31.400]  No, no. It's not the case. It's a TLC license, Tax and Limousine Commission.
[58:31.400 --> 58:35.400]  And whenever they give me a license, they give me against my regular driver license.
[58:35.400 --> 58:40.400]  Oh, okay. So you're not a professional driver. Hang on. About to go to break.
[58:40.400 --> 58:49.400]  Randy Kelton, VETPAC. We'll be right back.
[58:49.400 --> 59:00.400]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:12.400 --> 59:23.400]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.400 --> 59:27.400]  growing in Christ, and how to build up the church.
[59:27.400 --> 59:40.400]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.400 --> 59:49.400]  That's 888-551-0102. Or visit us online at bfa.org.
[59:49.400 --> 59:59.400]  Live, free speech radio, logosradionetwork.com.
[59:59.400 --> 01:00:22.400]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market, Today in History, news updates, and the inside scoop into the tides of the alternatives.
[01:00:22.400 --> 01:00:44.400]  Markets for Friday, the 8th of June, 2016, are currently treading with gold at $1,365.91 an ounce, silver at $20.22 an ounce, Texas crude at $45.14 a barrel, and Bitcoin is currently sitting at about 662 U.S. currency.
[01:00:44.400 --> 01:00:54.400]  Today in History, the year 1947, reports are broadcast that a UFO crash landed in Roswell, New Mexico in what became known as the Roswell UFO Incident.
[01:00:54.400 --> 01:01:07.400]  By far the most catalogued, controversial, and covered-up UFO crash in American history, the Roswell Incident marks the beginning of modern-day ufology, Today in History.
[01:01:07.400 --> 01:01:20.400]  In recent news, during a peaceful anti-police brutality protest Thursday night in Dallas, Texas, 25-year-old Micah Xavier Johnson from Mesquite, Texas, a military veteran in the U.S. Army Reserve from March 2009 to April 2015,
[01:01:20.400 --> 01:01:30.400]  and combat soldier with deployment in Afghanistan from late 2013 to mid-2014, who had no criminal record or known terror ties, suddenly began a police targeting snipers free.
[01:01:30.400 --> 01:01:42.400]  Though Dallas Police Chief David Brown did suggest that other suspects assisted in the coordination along with law enforcement, previously stating that three people were in custody and that multiple shooters were involved, Johnson told negotiators that he was acting solo.
[01:01:42.400 --> 01:01:49.400]  The reason for his free, as he then told them, was due to the two African-American men recently shot by police in Louisiana and Minnesota.
[01:01:49.400 --> 01:01:55.400]  Five police officers were killed and seven officers wounded, along with two non-law enforcement citizens who were also injured.
[01:01:55.400 --> 01:02:02.400]  Johnson was eventually killed by a bomb drone after several hours of standoff negotiations with police in a parking garage.
[01:02:02.400 --> 01:02:05.400]  Federal law enforcement are now saying that Johnson was the only shooter.
[01:02:05.400 --> 01:02:18.400]  This is just the deadliest of the shooting sprees that has been occurring nationwide, where gunmen in Tennessee, Missouri, and Georgia have recently targeted and killed police officers.
[01:02:18.400 --> 01:02:25.400]  Google is testing new cryptography algorithms that hopefully quantum computing in the future might not be able to decipher.
[01:02:25.400 --> 01:02:32.400]  The fears that processing power offered by soon-to-emerge quantum computers could be enough to decrypt any Internet communications that were recorded today.
[01:02:32.400 --> 01:02:41.400]  So in order to preemptively future-proof today's Internet communications, Google is deploying what it's calling post-quantum cryptography, testing its effectiveness with their browser, Chrome Canary.
[01:02:41.400 --> 01:02:45.400]  For the test, they will be using a cryptographic algorithm called New Hope.
[01:02:45.400 --> 01:02:53.400]  However, with the test lasting two years, Google hopes it can replace the algorithm with something more up-to-date, down the line.
[01:02:53.400 --> 01:03:21.400]  This is Brooke Rhodey with your Lowdown for July 8, 2016.
[01:03:21.400 --> 01:03:24.400]  Okay, we are back.
[01:03:24.400 --> 01:03:27.400]  And we're talking to Alex in New York.
[01:03:27.400 --> 01:03:31.400]  Okay, Alex, you had one more question.
[01:03:31.400 --> 01:03:39.400]  We were talking about the ticket situation, about how you can't get around breaking traffic laws.
[01:03:39.400 --> 01:03:43.400]  Did you have anything else for us?
[01:03:43.400 --> 01:04:01.400]  Well, no, basically my idea was I was trying to compile a video of showing this environment, and maybe I was thinking I could sue the mayor and the council members and everybody in between to get something done, but you're saying it's hopeless.
[01:04:01.400 --> 01:04:11.400]  You might, but I wouldn't hold my breath because the city makes so much money on traffic tickets.
[01:04:11.400 --> 01:04:14.400]  Yeah, it was about the whole issue.
[01:04:14.400 --> 01:04:18.400]  It's all about the money.
[01:04:18.400 --> 01:04:32.400]  In Tehran, there are no traffic lights, there are no signs, there are no traffic cops, everybody just does what they want to.
[01:04:32.400 --> 01:04:42.400]  But the accident rate in Tehran is no different than it is in any major city in the United States.
[01:04:42.400 --> 01:04:58.400]  So we don't need all of these laws to protect us because if I'm coming up to an intersection and there's not a red light, the other side doesn't have a green light, so I can't just barrel through that intersection without paying attention.
[01:04:58.400 --> 01:05:05.400]  So all this stuff about the traffic laws being for our safety, they're no such thing.
[01:05:05.400 --> 01:05:26.400]  They're just for dollar flow, and if you're going to expect your public officials to do the right thing and have it cost them to have less money in their budget, good luck with that.
[01:05:26.400 --> 01:05:34.400]  There are other fights we need to have first so we can get that set up.
[01:05:34.400 --> 01:05:35.400]  Okay.
[01:05:35.400 --> 01:05:40.400]  If you listen to this show a lot, you'll hear those parts.
[01:05:40.400 --> 01:05:43.400]  Okay, thank you, Alex.
[01:05:43.400 --> 01:05:45.400]  Thank you, sir, thank you very much.
[01:05:45.400 --> 01:05:52.400]  Okay, now we're going to go to Mark in Wisconsin, and I know he's starting trouble.
[01:05:52.400 --> 01:05:57.400]  What have you been up to today?
[01:05:57.400 --> 01:06:08.400]  Well, let's see, I was wanting to get your opinion on how a local public defender operated.
[01:06:08.400 --> 01:06:22.400]  He submitted a motion to the court and submitted no affidavits, exhibits, or legal brief to support his motion, he just put in the motion.
[01:06:22.400 --> 01:06:24.400]  And to me that doesn't quite sound right.
[01:06:24.400 --> 01:06:37.400]  I mean you can possibly make everything work in your motion, but when your motion refers to multiple hundreds of phone calls, you're probably going to need to have that as evidence, right?
[01:06:37.400 --> 01:06:39.400]  Exactly.
[01:06:39.400 --> 01:06:41.400]  All right, good, good.
[01:06:41.400 --> 01:06:51.400]  Because then the attorney filed the motion, made no effort to schedule a hearing on the motion until he got bargrieved.
[01:06:51.400 --> 01:07:01.400]  Then suddenly he had a motion to be relieved from the case, and in two days he had a hearing on it and was out.
[01:07:01.400 --> 01:07:12.400]  Wait a minute, did the other side oppose, oh wait a minute, the prosecutor, the prosecutor made a motion to be removed from the case?
[01:07:12.400 --> 01:07:17.400]  Nope, nope, the public defender got bargrieved by his own.
[01:07:17.400 --> 01:07:26.400]  Oh, did the defendant object to the...
[01:07:26.400 --> 01:07:39.400]  Yes he did, and apparently he felt that everybody was put aback that he was objecting, and his answer was, look, I just want the guy to do his job.
[01:07:39.400 --> 01:07:44.400]  And apparently that wasn't a good enough reason, they allowed him to leave.
[01:07:44.400 --> 01:07:48.400]  Oh, this is wonderful.
[01:07:48.400 --> 01:07:53.400]  Now he's been denied counsel of his choice.
[01:07:53.400 --> 01:07:56.400]  Yeah, yeah.
[01:07:56.400 --> 01:08:05.400]  The lawyer was under contract, and the defendant was the intended third party beneficiary.
[01:08:05.400 --> 01:08:16.400]  This is what I've been telling him for months, and I kept going, hey, you need to listen to Randy, because Randy, you know, this is one of the themes he recycles over and over again.
[01:08:16.400 --> 01:08:25.400]  But the other thing that happened is in an interest of getting the motion in in time, he never showed his motion to the defendant.
[01:08:25.400 --> 01:08:34.400]  And apparently there's some minor factual errors as to the events that occurred regarding the felony charges that are against him.
[01:08:34.400 --> 01:08:40.400]  And he asked the public defender, hey, you know, you need to correct this record.
[01:08:40.400 --> 01:08:45.400]  And he did that weeks before the 30 days has elapsed.
[01:08:45.400 --> 01:08:53.400]  So now he's without counsel, and he's got a motion here filed by counsel that was dismissed.
[01:08:53.400 --> 01:08:59.400]  They quite factually correct.
[01:08:59.400 --> 01:09:02.400]  Wait a minute, the court dismissed his motion?
[01:09:02.400 --> 01:09:05.400]  Oh, yeah.
[01:09:05.400 --> 01:09:15.400]  Once they denied him counsel, he needs to consider suing the judge for interfering with private contract.
[01:09:15.400 --> 01:09:19.400]  Yep.
[01:09:19.400 --> 01:09:22.400]  Yeah, they like that one.
[01:09:22.400 --> 01:09:26.400]  Yeah, yeah.
[01:09:26.400 --> 01:09:31.400]  It does concern me, the guy's charged with the felony.
[01:09:31.400 --> 01:09:35.400]  Two felonies and a misdemeanor.
[01:09:35.400 --> 01:09:42.400]  The other thing that's occurred when you go all politics, all things are politics, and politics are local, et cetera.
[01:09:42.400 --> 01:09:44.400]  Know of a gentleman who's a lawyer.
[01:09:44.400 --> 01:09:50.400]  He resigned, you know, from California before he got thrown out.
[01:09:50.400 --> 01:10:00.400]  And here in the fine state of Wisconsin, he's suspended for lack of paying dues, lack of keeping your CLE up to date,
[01:10:00.400 --> 01:10:01.400]  you know, lack of paperwork.
[01:10:01.400 --> 01:10:07.400]  So he still technically has the card, but he's suspended and can't practice.
[01:10:07.400 --> 01:10:17.400]  Well, how he got on my radar is he was looking at a class H felony strangulation of his then wife.
[01:10:17.400 --> 01:10:22.400]  That got busted down to a class A misdemeanor so he could still practice law.
[01:10:22.400 --> 01:10:29.400]  Never bothered practicing law ever since the sentence was handed down.
[01:10:29.400 --> 01:10:38.400]  So, you know, hey, let's negotiate a better sentence because, you know, I'm a lawyer and I need to be a lawyer.
[01:10:38.400 --> 01:10:50.400]  What's happened since then is he's got a class B felony for inappropriate touching of his three-year-old daughter.
[01:10:50.400 --> 01:11:03.400]  Now, that managed to make the local talk radio because apparently that was going to get plea bargain down to fourth degree sexual assault.
[01:11:03.400 --> 01:11:06.400]  So they had outrage on that.
[01:11:06.400 --> 01:11:09.400]  A two-year-old?
[01:11:09.400 --> 01:11:13.400]  This guy has some serious issues.
[01:11:13.400 --> 01:11:16.400]  You know, no kidding, no kidding.
[01:11:16.400 --> 01:11:26.400]  Amazingly, he had a bunch of arrogance when I ran into him, you know, years ago when he still had a valid law license.
[01:11:26.400 --> 01:11:31.400]  I haven't really had the chance to interact with him since, see if he's a little more humble.
[01:11:31.400 --> 01:11:44.400]  But what's real interesting is come Tuesday morning, you know, the radio thing hit on Friday where they called him a pervert on the radio.
[01:11:44.400 --> 01:11:55.400]  Tuesday morning, because I interviewed the mother, she claims that the district attorney told her, please have everybody stop calling me.
[01:11:55.400 --> 01:12:02.400]  They, instead of having a plea hearing, they canceled the plea hearing and now are combining this stuff together.
[01:12:02.400 --> 01:12:16.400]  So it does appear that if you get enough angry people calling your district attorney, you can have them reconsider a plea deal, which was pretty much done, a done deal.
[01:12:16.400 --> 01:12:23.400]  Oh, yeah. There's nothing they hate more than sunshine.
[01:12:23.400 --> 01:12:38.400]  Yeah, yeah. Well, I did my part. I pointed out that I'd be very interested in their paperwork about the strangulation issue, you know, with my known interest in lawyer regulation.
[01:12:38.400 --> 01:12:49.400]  And they were happily communicating to me until I dropped at the bottom of the thing, hey, talk with this other member of your staff who knew me from my long epic battle.
[01:12:49.400 --> 01:12:55.400]  And when he met me the first time, he went, oh, you're that guy.
[01:12:55.400 --> 01:13:03.400]  So then he stopped talking to me. I don't understand why that guy.
[01:13:03.400 --> 01:13:05.400]  Yeah. Yeah.
[01:13:05.400 --> 01:13:11.400]  It was the local newspaper. I said, I finally put me in the face there.
[01:13:11.400 --> 01:13:13.400]  Looking at me and looking at me.
[01:13:13.400 --> 01:13:21.400]  And I go, no, I'm this guy. Oh, you. Yeah, I read your pleadings.
[01:13:21.400 --> 01:13:28.400]  This is good. This is what we need. You need to calm yourself.
[01:13:28.400 --> 01:13:36.400]  We need more people doing this because it doesn't take many to really begin to get their attention.
[01:13:36.400 --> 01:13:47.400]  And the final little tidbit is the law firm that I'm going after for their outright fabrications in their paperwork.
[01:13:47.400 --> 01:13:55.400]  Turns out there's going to be a two-day law confab that they're sponsoring the after-party drinking.
[01:13:55.400 --> 01:14:09.400]  Well, I figured that that would be a good time for me to show up with some paperwork and solicit looking for a lawyer to help me sue that law firm. What do you think?
[01:14:09.400 --> 01:14:17.400]  That's devious. Dirty rotten and low down. I really like it.
[01:14:17.400 --> 01:14:28.400]  Well, I'm just kind of curious what you thought on that one. You know, I'm not advertising. I'm not, you know, somehow affecting their good name.
[01:14:28.400 --> 01:14:33.400]  I'm just looking for legal service.
[01:14:33.400 --> 01:14:42.400]  Yes, I'm wondering if the fact that you're coming to their meeting is irrelevant.
[01:14:42.400 --> 01:14:47.400]  Hey, it happened to be we're a bunch of liars.
[01:14:47.400 --> 01:14:52.400]  I am concerned about your guy with the felonies.
[01:14:52.400 --> 01:14:59.400]  I guess he's concerned with someone's liberties at risk.
[01:14:59.400 --> 01:15:11.400]  Yeah. Mommy's paying for his defense, you know, and I guess against her granddaughter.
[01:15:11.400 --> 01:15:20.400]  But that's sitting in the police record showing her name right on the check that was used to bail him out, et cetera.
[01:15:20.400 --> 01:15:26.400]  So and unfortunately, I don't see she's very concerned about what people will think.
[01:15:26.400 --> 01:15:44.400]  And I can't seem to get past any good way in which to adjust that attitude without running afoul of Wisconsin's slander libel and defamation law,
[01:15:44.400 --> 01:15:57.400]  notably the defamation. If it affects the person's business, you're fair game for getting sued over defamation. The way I read Wisconsin's defamation law.
[01:15:57.400 --> 01:16:17.400]  So how does that go to this guy's liberty? Going after and creating problems with the court, you need to really do that strategically when your liberties at risk.
[01:16:17.400 --> 01:16:25.400]  Yeah. Oh, you mean the one, the first, not the child abuser, but the other gentleman.
[01:16:25.400 --> 01:16:30.400]  Yeah, the one who just got his lost his court accounts. Yeah.
[01:16:30.400 --> 01:16:43.400]  He his problem is he's he's not sharp enough to, you know, do things on his feet.
[01:16:43.400 --> 01:16:47.400]  And I have no good solution to that. Yeah, that's tough.
[01:16:47.400 --> 01:17:01.400]  And it takes a long time to get good on your feet. Hang on. About to go to break. Randy Kelton, that pack with our radio will be right back.
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[01:18:14.400 --> 01:18:20.400]  You'll get step by step instructions and flame English on how to win in court using federal civil rights statute.
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[01:18:29.400 --> 01:18:33.400]  Turn the financial tables on them and make them pay you to go away.
[01:18:33.400 --> 01:18:40.400]  The Michael Mears proven method is the solution for how to stop debt collectors. Personal consultation is available as well.
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[01:18:56.400 --> 01:18:59.400]  To learn how to stop debt collectors now.
[01:18:59.400 --> 01:19:27.400]  This is the Logos Logos Radio Network.
[01:19:27.400 --> 01:19:31.400]  Hang on.
[01:19:31.400 --> 01:19:35.400]  Gonna fool me with that.
[01:19:35.400 --> 01:19:40.400]  I was blindsided.
[01:19:40.400 --> 01:19:57.400]  You put the fear in my pocket.
[01:19:57.400 --> 01:19:59.400]  Okay, we are back.
[01:19:59.400 --> 01:20:11.400]  We are back.
[01:20:11.400 --> 01:20:15.400]  Okay, Mark.
[01:20:15.400 --> 01:20:29.400]  Well, I think we were trying to, you know, noodle out what else could be done for the gentleman trying to extricate himself from being represented by a public defender.
[01:20:29.400 --> 01:20:48.400]  And I'm thinking there's probably some established case law about self-representation and because they seem to be encouraging him to, you know, you can take care of your own paperwork.
[01:20:48.400 --> 01:21:00.400]  And I'm not sure if that's a little box canyon they're trying to drag him into or if it's just the generic, you know, representing yourself in a criminal trial is probably not a good plan.
[01:21:00.400 --> 01:21:01.400]  And I agree.
[01:21:01.400 --> 01:21:02.400]  It's probably not.
[01:21:02.400 --> 01:21:08.400]  I represented myself in a criminal trial and it was a horrible mistake.
[01:21:08.400 --> 01:21:13.400]  I was totally incompetent.
[01:21:13.400 --> 01:21:28.400]  Yeah, it takes a special kind of person to be able to take those steps back on the issue and have the objectiveness in the criminal trial.
[01:21:28.400 --> 01:21:45.400]  Okay, there is a one thing, a door that may well be opened by the fact that they dismissed his lawyer or allowed his lawyer to withdraw against his wishes.
[01:21:45.400 --> 01:21:58.400]  You have a right to counsel of choice since he had a counsel he was satisfied with and indicated that and they denied him that counsel.
[01:21:58.400 --> 01:22:08.400]  Now he can go demand the court appoint whatever lawyer he wants appointed.
[01:22:08.400 --> 01:22:15.400]  Go pick the most expensive lawyer in town.
[01:22:15.400 --> 01:22:16.400]  Yeah.
[01:22:16.400 --> 01:22:25.400]  Well, I suggest he go for one out of town because as far as he's concerned, everybody in the town is in a grand conspiracy against him, blah, blah, blah.
[01:22:25.400 --> 01:22:28.400]  So I said, well, then get an out of town lawyer.
[01:22:28.400 --> 01:22:35.400]  And he feels that he somehow has the hookup with lawyers in another state who can practice in this state.
[01:22:35.400 --> 01:22:44.400]  Yeah, well, wherever, look into the counsel of choice.
[01:22:44.400 --> 01:22:45.400]  I've looked at this.
[01:22:45.400 --> 01:22:54.400]  It's been a long time since I've looked at it, but as I recall, if they deny you, if you lose your counsel, if they take your counsel away from you, you have a right to counsel of your choice.
[01:22:54.400 --> 01:22:57.400]  You can pick anyone you want to.
[01:22:57.400 --> 01:22:58.400]  Okay.
[01:22:58.400 --> 01:23:06.400]  I suggested that he should have no problem with filing paperwork to buff up.
[01:23:06.400 --> 01:23:22.400]  Since he has no lawyer, absolutely get all your paperwork filed and then ask for counsel because now counsel comes into the paperwork with plausible deniability.
[01:23:22.400 --> 01:23:23.400]  Yep.
[01:23:23.400 --> 01:23:32.400]  To before the court, so he has to adjudicate it, but he's not responsible for it because he didn't file them.
[01:23:32.400 --> 01:23:42.400]  Well, what's interesting is he had two pieces of paperwork in which caused them to take pause and move a hearing date.
[01:23:42.400 --> 01:23:54.400]  He filed a classic, you know, motion to dismiss the case and gave a bunch of, you know, bogus to be, and then the other one he did was a motion for co-counsel.
[01:23:54.400 --> 01:24:02.400]  And I'm guessing the co-counsel caused them pause.
[01:24:02.400 --> 01:24:15.400]  And that's probably a good strategy because now he gets to bring his issues and the counsel has to give him proper advice or he can go back on counsel.
[01:24:15.400 --> 01:24:17.400]  Right.
[01:24:17.400 --> 01:24:28.400]  The other thing is he was originally represented by the attorney, explicitly says in the court record, for the purposes of the bail hearing only.
[01:24:28.400 --> 01:24:41.400]  He picked up that attorney a few days later and I've told him, hey, you need to get that court record adjusted to show that this guy was your attorney for one day and then was the attorney again later.
[01:24:41.400 --> 01:24:46.400]  So you have that null period where you were not represented.
[01:24:46.400 --> 01:24:59.400]  And it seems I make mouth noises a lot with this guy and he doesn't, you know, actually do the things that my mouth noises suggest.
[01:24:59.400 --> 01:25:01.400]  Yeah, that's kind of hard sometimes.
[01:25:01.400 --> 01:25:14.400]  But be patient. When someone has their liberty at risk, sometimes they're so stressed that they're difficult to work with.
[01:25:14.400 --> 01:25:22.400]  And we have to discipline ourselves.
[01:25:22.400 --> 01:25:27.400]  He admits he's not the sharpest knife in the drawer.
[01:25:27.400 --> 01:25:30.400]  I mean, I couldn't understand that.
[01:25:30.400 --> 01:25:33.400]  I said he's not the sharpest knife in the drawer.
[01:25:33.400 --> 01:25:35.400]  Oh, okay. Not the sharpest knife in the drawer.
[01:25:35.400 --> 01:25:36.400]  Oh, okay.
[01:25:36.400 --> 01:25:49.400]  The other side will definitely take advantage of that and the fact that his liberty at risk makes him even less functional.
[01:25:49.400 --> 01:25:54.400]  All we can do is what we can do.
[01:25:54.400 --> 01:26:09.400]  Oh, the gal who the charges, the felony charges are against, she felt in a drunken haze that he was having his new girlfriend contact her
[01:26:09.400 --> 01:26:17.400]  and then got on the phone and accused him of, haha, I've got you, you know, you violated law, et cetera, et cetera.
[01:26:17.400 --> 01:26:26.400]  So he's made the reference that, you know, there's this class G felony of having someone contact the victim.
[01:26:26.400 --> 01:26:34.400]  And this gal was otherwise in these two, 300 contacts going, please contact me, please call me.
[01:26:34.400 --> 01:26:40.400]  And then, you know, had the outburst and then went back to please contact me, please call me.
[01:26:40.400 --> 01:26:44.400]  So there's the attempt to bait him into a crime.
[01:26:44.400 --> 01:26:49.400]  However, he doesn't seem to be comfortable with taking 968.01 here in Wisconsin,
[01:26:49.400 --> 01:26:56.400]  walking into a judge and saying, I have reason to believe and do believe that a crime was committed here.
[01:26:56.400 --> 01:27:00.400]  And go over that for that inculcate crime.
[01:27:00.400 --> 01:27:06.400]  That's difficult and you may not be able to fix it.
[01:27:06.400 --> 01:27:08.400]  We can't help everyone.
[01:27:08.400 --> 01:27:14.400]  I struggle with this. I get people sometimes that are in so much trouble, they terrify me.
[01:27:14.400 --> 01:27:17.400]  And a lot of times I know I can't help them.
[01:27:17.400 --> 01:27:21.400]  You know you can do the best you can do.
[01:27:21.400 --> 01:27:23.400]  Yeah.
[01:27:23.400 --> 01:27:35.400]  Well, at least he, you know, there's now become some doubt as to whether or not her narrative is 100% true, et cetera.
[01:27:35.400 --> 01:27:42.400]  There's even a possibility that when the police interacted with this gal,
[01:27:42.400 --> 01:27:47.400]  they noted she was drunk, but they didn't take a breathalyzer.
[01:27:47.400 --> 01:27:58.400]  Even though the Wisconsin Domestic Violence Handbook by our DAs on page 89 and 90 point out that the police are to,
[01:27:58.400 --> 01:28:02.400]  it has a bullet point of taking a breathalyzer.
[01:28:02.400 --> 01:28:08.400]  So there's a, there may or may not be a blood draw from the hospital,
[01:28:08.400 --> 01:28:17.400]  but nobody to date has seemed to want to take the time to get that evidence together.
[01:28:17.400 --> 01:28:29.400]  Well, if he can do just part of that, he may be able to get enough pressure that they want to make a deal and make this thing go away.
[01:28:29.400 --> 01:28:34.400]  Yeah, that's what I've told him here he needs to go.
[01:28:34.400 --> 01:28:40.400]  He's just kind of, he's been saying, you know, there's these 300 contacts,
[01:28:40.400 --> 01:28:43.400]  and he's been saying for a week, oh, I got to get that into the court.
[01:28:43.400 --> 01:28:49.400]  And here we are a week later, and he's still saying, I got to get started on that.
[01:28:49.400 --> 01:28:54.400]  Well, one of the things, you know, when I was being prosecuted by Cherokee County,
[01:28:54.400 --> 01:29:01.400]  it was so stressful that I struggled to write these documents,
[01:29:01.400 --> 01:29:05.400]  where it was relatively easy when I was writing them for someone else.
[01:29:05.400 --> 01:29:10.400]  But when I wrote them for myself, it was a struggle.
[01:29:10.400 --> 01:29:16.400]  You have to go to all of those bad places.
[01:29:16.400 --> 01:29:26.400]  Well, perhaps it's different for me because maybe I just do handle stress differently.
[01:29:26.400 --> 01:29:27.400]  Yeah, it could be.
[01:29:27.400 --> 01:29:31.400]  Generally, I handle stress well, but I was looking at a year in prison,
[01:29:31.400 --> 01:29:40.400]  and I had these guys doing outrageously illegal stuff, and it gets to you after a while.
[01:29:40.400 --> 01:29:46.400]  Okay, hang on, we're about to take a break.
[01:29:46.400 --> 01:30:03.400]  Randy Kelton, BetPak, We'll be right back.
[01:30:03.400 --> 01:30:06.400]  Ah, that new car smell.
[01:30:06.400 --> 01:30:09.400]  Well, maybe it's not so great after all.
[01:30:09.400 --> 01:30:12.400]  But it could be downright bad for your health.
[01:30:12.400 --> 01:30:16.400]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you why it stinks.
[01:30:16.400 --> 01:30:18.400]  Privacy is under attack.
[01:30:18.400 --> 01:30:21.400]  When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.400 --> 01:30:31.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.400 --> 01:30:34.400]  Privacy, it's worth hanging on to.
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[01:30:44.400 --> 01:30:47.400]  There's nothing quite like that new car smell,
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[01:30:56.400 --> 01:30:59.400]  release toxic benzene, acetone, and formaldehyde.
[01:30:59.400 --> 01:31:03.400]  These chemicals can cause cancer and are linked to birth defects,
[01:31:03.400 --> 01:31:05.400]  impaired learning, and premature births.
[01:31:05.400 --> 01:31:08.400]  One recent study looked at the air inside of six new cars
[01:31:08.400 --> 01:31:12.400]  and found more than 20 times the safe amount of those chemicals.
[01:31:12.400 --> 01:31:16.400]  Fortunately, they decay at the rate of about 20 percent a week,
[01:31:16.400 --> 01:31:19.400]  reaching normal indoor air quality levels in about six months.
[01:31:19.400 --> 01:31:23.400]  So buy your next car used, or at least roll down the windows.
[01:31:23.400 --> 01:31:25.400]  I'm Dr. Catherine Albrecht.
[01:31:25.400 --> 01:31:31.400]  More news and information at CatherineAlbrecht.com.
[01:31:31.400 --> 01:31:36.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.400 --> 01:31:38.400]  The government says that fire brought it down.
[01:31:38.400 --> 01:31:43.400]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.400 --> 01:31:46.400]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.400 --> 01:31:49.400]  Thousands of my fellow first responders are dying.
[01:31:49.400 --> 01:31:51.400]  I'm not a conspiracy theorist. I'm a structural engineer.
[01:31:51.400 --> 01:31:54.400]  I'm a New York City correction officer. I'm an Air Force pilot.
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[01:31:58.400 --> 01:32:01.400]  Go to RememberBuilding7.org today.
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[01:32:46.400 --> 01:32:51.400]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:32:59.400 --> 01:33:02.400]  I mean, I'd actually be kidding about chemtrails.
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[01:33:24.400 --> 01:33:28.400]  Okay, we are back. We're ready to help you get back to the radio.
[01:33:28.400 --> 01:33:30.400]  We're talking to Mark in Wisconsin.
[01:33:30.400 --> 01:33:35.400]  So, Mark, what else do you have for us today?
[01:33:35.400 --> 01:33:44.400]  That's really about it. Just the, you know, use the politics there to adjust the outcome.
[01:33:44.400 --> 01:33:53.400]  And the successful bar grievance in the sense that you can get your lawyer to not only file the paperwork, have it heard,
[01:33:53.400 --> 01:33:57.400]  but, you know, have that all done in two or three days.
[01:33:57.400 --> 01:34:04.400]  Yeah, well, you get that in and then the new lawyer has plausible deniability.
[01:34:04.400 --> 01:34:09.400]  I will point out the plausible deniability portion.
[01:34:09.400 --> 01:34:15.400]  The lawyer, he's not going to want to bring these motions because he didn't want to annoy the judge.
[01:34:15.400 --> 01:34:18.400]  But he didn't bring these motions.
[01:34:18.400 --> 01:34:28.400]  He used to go to them, you know, in my four-sided chessboard thing where you're the defendant, you're on one side,
[01:34:28.400 --> 01:34:34.400]  to your right is your counsel, to your left is the prosecutor, across from you is the judge.
[01:34:34.400 --> 01:34:39.400]  Well, they all have a relationship and you have a relationship with your lawyer.
[01:34:39.400 --> 01:34:43.400]  But your lawyer has a relationship with the opposing counsel and the judge.
[01:34:43.400 --> 01:34:46.400]  These guys all got this group.
[01:34:46.400 --> 01:34:52.400]  If you can't get into their politics, you're going to lose your case.
[01:34:52.400 --> 01:35:00.400]  So here you bring in a court-appointed counsel after you have all these motions in.
[01:35:00.400 --> 01:35:09.400]  And the first thing you tell counsel is you will adequately adjudicate every issue or anyone you don't, I'll bargrieve you for.
[01:35:09.400 --> 01:35:13.400]  Now this lawyer gets to go to the judge and the prosecutor and say,
[01:35:13.400 --> 01:35:19.400]  look, guys, you stuck me with this thing and you got to bail me out of here.
[01:35:19.400 --> 01:35:27.400]  The way they bail him out is make your client a deal that the client can't pass up and make it all go away.
[01:35:27.400 --> 01:35:28.400]  Does that make sense?
[01:35:28.400 --> 01:35:29.400]  Yep.
[01:35:29.400 --> 01:35:31.400]  Oh, yeah, it makes perfect sense to me.
[01:35:31.400 --> 01:35:38.400]  And I brought this stuff up and I'll get, I can hear scribbling and he'll go, oh, yeah, yeah, yeah.
[01:35:38.400 --> 01:35:41.400]  And then next conversation.
[01:35:41.400 --> 01:35:44.400]  Oh, what's the most important thing to do?
[01:35:44.400 --> 01:35:47.400]  Well, it's a probability field.
[01:35:47.400 --> 01:35:51.400]  Man, you know, anything can happen here.
[01:35:51.400 --> 01:35:55.400]  Some become more likely and less likely depending on what happens.
[01:35:55.400 --> 01:36:04.400]  You get 200 pieces of evidence in that go to this person constantly calling
[01:36:04.400 --> 01:36:08.400]  and one of the things saying is I don't remember what happened that night.
[01:36:08.400 --> 01:36:15.400]  And this isn't going to help the DA and gives the DA a good reason to go,
[01:36:15.400 --> 01:36:18.400]  yeah, I'm not interested in this case anymore.
[01:36:18.400 --> 01:36:20.400]  Yeah, that's what you want.
[01:36:20.400 --> 01:36:28.400]  Well, if you can get your documents in, get another lawyer appointed,
[01:36:28.400 --> 01:36:33.400]  then threaten to bargrieve the lawyer and the lawyer is going to go to these guys and say,
[01:36:33.400 --> 01:36:36.400]  look, you stuck this on me.
[01:36:36.400 --> 01:36:37.400]  You got to bail me out.
[01:36:37.400 --> 01:36:40.400]  He gets to use that, those politics.
[01:36:40.400 --> 01:36:46.400]  So that's how I got my last case thrown out.
[01:36:46.400 --> 01:36:51.400]  And I think you got two others tossed over the years that kind of way.
[01:36:51.400 --> 01:36:52.400]  Yeah, well, sort of.
[01:36:52.400 --> 01:36:54.400]  This is one directly.
[01:36:54.400 --> 01:36:57.400]  I stood in front of the judge.
[01:36:57.400 --> 01:36:59.400]  I stood outside the bar.
[01:36:59.400 --> 01:37:03.400]  My lawyer came to me and said, the prosecutor said she knows who you are
[01:37:03.400 --> 01:37:05.400]  and if you start filing criminal charges,
[01:37:05.400 --> 01:37:07.400]  she's going to charge you with tampering of the government document.
[01:37:07.400 --> 01:37:09.400]  And I turned and looked at her.
[01:37:09.400 --> 01:37:10.400]  Oh, she said that, did she?
[01:37:10.400 --> 01:37:11.400]  Yes, she did.
[01:37:11.400 --> 01:37:12.400]  Get over here.
[01:37:12.400 --> 01:37:13.400]  I got about 30 of them.
[01:37:13.400 --> 01:37:15.400]  I pulled them out of my case.
[01:37:15.400 --> 01:37:20.400]  I need her to verify these in accordance with her duty on Article 2.0.
[01:37:20.400 --> 01:37:23.400]  2.06.
[01:37:23.400 --> 01:37:26.400]  I turned to the lawyer and handed them to him.
[01:37:26.400 --> 01:37:27.400]  He said, I'm not going to take them.
[01:37:27.400 --> 01:37:30.400]  I said, take them, you chicken.
[01:37:30.400 --> 01:37:34.400]  Right in front of the judge.
[01:37:34.400 --> 01:37:36.400]  He refused to take them.
[01:37:36.400 --> 01:37:38.400]  The judge immediately called a continuance.
[01:37:38.400 --> 01:37:40.400]  They called a recess for lunch.
[01:37:40.400 --> 01:37:43.400]  And while I was out at lunch, the lawyer called me.
[01:37:43.400 --> 01:37:54.400]  They dismissed my case specifically to protect my lawyer from his crazy client.
[01:37:54.400 --> 01:37:55.400]  Yeah.
[01:37:55.400 --> 01:38:00.400]  Well, I had the judge come running out of her chamber there
[01:38:00.400 --> 01:38:05.400]  when it was getting ugly between me and her bailiff one time.
[01:38:05.400 --> 01:38:07.400]  And she heard my name.
[01:38:07.400 --> 01:38:08.400]  She had to have heard my name.
[01:38:08.400 --> 01:38:10.400]  And that's what got her out of there.
[01:38:10.400 --> 01:38:14.400]  And like I said, it was starting to get ugly with that bailiff.
[01:38:14.400 --> 01:38:18.400]  And he had his hand on his taser and all that.
[01:38:18.400 --> 01:38:23.400]  And she was out there and defused the situation.
[01:38:23.400 --> 01:38:24.400]  Yeah.
[01:38:24.400 --> 01:38:26.400]  It's all about the politics.
[01:38:26.400 --> 01:38:30.400]  You think politics, how do we generate politics?
[01:38:30.400 --> 01:38:32.400]  That's what might get this guy off the hook.
[01:38:32.400 --> 01:38:36.400]  He has to be either, he has to be as nice as he can
[01:38:36.400 --> 01:38:39.400]  and get them to come to the table and make him a deal.
[01:38:39.400 --> 01:38:47.400]  And they'll tend to do that just before trial or do the opposite
[01:38:47.400 --> 01:38:50.400]  and become such a scoundrel that they want him out of there
[01:38:50.400 --> 01:38:54.400]  because they don't want to have to deal with it.
[01:38:54.400 --> 01:38:56.400]  That's a more gutsy approach.
[01:38:56.400 --> 01:39:03.400]  And I can understand how it will be hard when you're facing felonies.
[01:39:03.400 --> 01:39:04.400]  Yeah.
[01:39:04.400 --> 01:39:06.400]  Well, he's got a few more bar grievances
[01:39:06.400 --> 01:39:11.400]  for now no longer his attorney public defender.
[01:39:11.400 --> 01:39:15.400]  And so they'll definitely know that he's willing to file bar grievances.
[01:39:15.400 --> 01:39:19.400]  He also filed a judicial conduct complaint against the judge.
[01:39:19.400 --> 01:39:20.400]  Good.
[01:39:20.400 --> 01:39:23.400]  Because apparently while he was on the phone,
[01:39:23.400 --> 01:39:24.400]  he said, I want to talk to my lawyer.
[01:39:24.400 --> 01:39:27.400]  And the judge told him, sit down, shut up,
[01:39:27.400 --> 01:39:30.400]  keep your hands in the moving vehicle at all times.
[01:39:30.400 --> 01:39:32.400]  This thing's going forward and you don't have to,
[01:39:32.400 --> 01:39:34.400]  you don't get to talk, buddy.
[01:39:34.400 --> 01:39:37.400]  And so he, judicial conduct complained to him
[01:39:37.400 --> 01:39:39.400]  that he was denied access to his lawyer.
[01:39:39.400 --> 01:39:40.400]  Oh, wonderful.
[01:39:40.400 --> 01:39:41.400]  Amazingly.
[01:39:41.400 --> 01:39:42.400]  Okay.
[01:39:42.400 --> 01:39:45.400]  Then he's already a squeaky wheel.
[01:39:45.400 --> 01:39:53.400]  He's got nothing to lose by making it squeak a little louder.
[01:39:53.400 --> 01:39:56.400]  Well, hopefully he feels it empowering.
[01:39:56.400 --> 01:39:59.400]  So he's motivated to.
[01:39:59.400 --> 01:40:03.400]  And tell him that when they make this deal,
[01:40:03.400 --> 01:40:10.400]  they generally wait till the last minute to try to build up the pressure on you.
[01:40:10.400 --> 01:40:13.400]  So they wait till the last minute just before you walk into court
[01:40:13.400 --> 01:40:16.400]  and they come to you with a deal.
[01:40:16.400 --> 01:40:19.400]  So you're playing for the deal.
[01:40:19.400 --> 01:40:22.400]  Last thing you want to do is get in front of a jury.
[01:40:22.400 --> 01:40:25.400]  Jury's a crap shoot on a good day.
[01:40:25.400 --> 01:40:28.400]  So you're playing for the deal.
[01:40:28.400 --> 01:40:29.400]  Yeah.
[01:40:29.400 --> 01:40:35.400]  He's hell bent on, you know, I get no time whatsoever, blah, blah, blah.
[01:40:35.400 --> 01:40:38.400]  And I'm like, yeah, I'm not sure you're going to get that.
[01:40:38.400 --> 01:40:44.400]  I'll remind him of the possibility of the mistrial,
[01:40:44.400 --> 01:40:53.400]  especially where I went with your attorney is forcing you to have to take the stand
[01:40:53.400 --> 01:40:58.400]  and testify that what he wrote down isn't true.
[01:40:58.400 --> 01:41:04.400]  And that's a problem because if you have to say,
[01:41:04.400 --> 01:41:08.400]  I take the fifth, they're going to make you look guilty.
[01:41:08.400 --> 01:41:15.400]  So it's creating a prejudicial problem that's uncurable
[01:41:15.400 --> 01:41:18.400]  because most of the stuff there you could probably cure
[01:41:18.400 --> 01:41:20.400]  by kicking the can down the road on the date
[01:41:20.400 --> 01:41:23.400]  and giving them time for discovery, et cetera.
[01:41:23.400 --> 01:41:28.400]  But it's kind of hard when the district attorney takes the stuff
[01:41:28.400 --> 01:41:31.400]  that your lawyer wrote down that you're saying isn't correct
[01:41:31.400 --> 01:41:38.400]  and then uses it in his pleadings against you.
[01:41:38.400 --> 01:41:39.400]  Okay.
[01:41:39.400 --> 01:41:42.400]  Well, I don't know what I'll have to tell him
[01:41:42.400 --> 01:41:49.400]  other than make your squeal squeak as loud as you can.
[01:41:49.400 --> 01:41:50.400]  All right.
[01:41:50.400 --> 01:41:53.400]  I'll tell him that.
[01:41:53.400 --> 01:41:55.400]  Okay.
[01:41:55.400 --> 01:41:56.400]  Thank you, Mark.
[01:41:56.400 --> 01:41:59.400]  Well, let's get on to your next caller.
[01:41:59.400 --> 01:42:03.400]  Have a good evening, Mr. Kelton, and we'll chat some other day.
[01:42:03.400 --> 01:42:06.400]  You, too, and keep up the good work.
[01:42:06.400 --> 01:42:07.400]  Okay.
[01:42:07.400 --> 01:42:08.400]  We're going to Doug in Ohio.
[01:42:08.400 --> 01:42:10.400]  Hello, Doug.
[01:42:10.400 --> 01:42:11.400]  Hey, Randy.
[01:42:11.400 --> 01:42:12.400]  How are you?
[01:42:12.400 --> 01:42:13.400]  I am good.
[01:42:13.400 --> 01:42:16.400]  What do you have for us today?
[01:42:16.400 --> 01:42:22.400]  I just thought I'd check in and see what your thought processes were thus far
[01:42:22.400 --> 01:42:29.400]  in the quiet title you seem to be conceiving for my foreclosure case.
[01:42:29.400 --> 01:42:30.400]  Yes.
[01:42:30.400 --> 01:42:34.400]  I found in your case what I find very often.
[01:42:34.400 --> 01:42:42.400]  You got a loan through some loan company out of Delaware,
[01:42:42.400 --> 01:42:45.400]  and you got the loan in 2006.
[01:42:45.400 --> 01:42:49.400]  This company went out of business in 2007.
[01:42:49.400 --> 01:42:58.400]  And then in 2012 or 2013, there was an assignment of the security instrument
[01:42:58.400 --> 01:43:02.400]  to a third party done by Merge.
[01:43:02.400 --> 01:43:07.400]  So the question becomes, since this original company,
[01:43:07.400 --> 01:43:15.400]  I think it was FMF Funding LLC or something like that.
[01:43:15.400 --> 01:43:16.400]  Right.
[01:43:16.400 --> 01:43:20.400]  This company was a person under law,
[01:43:20.400 --> 01:43:29.400]  and a year after you got the loan, this person died.
[01:43:29.400 --> 01:43:34.400]  And the person died without transferring its interest
[01:43:34.400 --> 01:43:39.400]  in your security instrument to some third party.
[01:43:39.400 --> 01:43:45.400]  So it's my position that when he died without transferring,
[01:43:45.400 --> 01:43:47.400]  he abandoned his claim.
[01:43:47.400 --> 01:43:48.400]  Hang on.
[01:43:48.400 --> 01:43:50.400]  We're into counting that back.
[01:43:50.400 --> 01:43:51.400]  We'll do our radio.
[01:43:51.400 --> 01:43:55.400]  I'll call in number 512-646-1984.
[01:43:55.400 --> 01:44:00.400]  We'll be right back.
[01:44:00.400 --> 01:44:02.400]  At Capital Coin and Bullion,
[01:44:02.400 --> 01:44:04.400]  our mission is to be your preferred shopping destination
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[01:44:24.400 --> 01:44:27.400]  If we don't have what you're looking for, we can find it.
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[01:44:54.400 --> 01:45:00.400]  Visit us at capitalcoinandbullion.com or call 512-646-6440.
[01:45:00.400 --> 01:45:03.400]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:56.400 --> 01:46:09.400]  or call toll-free, 866-LAW-EZ.
[01:46:27.400 --> 01:46:29.400]  Okay, we are back.
[01:46:29.400 --> 01:46:35.400]  Randy Kelton, Jet Pack with my radio, and we're talking to Doug in Ohio.
[01:46:35.400 --> 01:46:39.400]  Okay, Doug, where were we?
[01:46:39.400 --> 01:46:42.400]  You were talking about the person being dead that had not...
[01:46:42.400 --> 01:46:43.400]  Oh, I'm sorry, yes.
[01:46:43.400 --> 01:46:46.400] ...interest, I think.
[01:46:46.400 --> 01:46:49.400]  When this company went out of business,
[01:46:49.400 --> 01:46:54.400]  the company went out of business without first filing in the public record
[01:46:54.400 --> 01:47:01.400]  a notice of assignment of the beneficial interest
[01:47:01.400 --> 01:47:06.400]  in this lien against the property.
[01:47:06.400 --> 01:47:12.400]  So that effectively abandons the claim
[01:47:12.400 --> 01:47:21.400]  because unlike a living human being ceasing to be a living human being,
[01:47:21.400 --> 01:47:28.400]  there's no probate when a legal function goes out of business.
[01:47:28.400 --> 01:47:34.400]  And, Doug, we're getting some serious background noise on your end.
[01:47:34.400 --> 01:47:42.400]  Okay, so the person died without transferring its interest to a third party,
[01:47:42.400 --> 01:47:47.400]  and now we've got MERS that comes along several years later
[01:47:47.400 --> 01:47:55.400]  and purports to act on the behalf of the dead guy.
[01:47:55.400 --> 01:48:03.400]  Now, Judge Schreck in New York called these the vampire lenders.
[01:48:03.400 --> 01:48:06.400]  They rise up from the grave.
[01:48:06.400 --> 01:48:16.400]  So the question becomes, how did MERS act as an agent for a dead guy?
[01:48:16.400 --> 01:48:20.400]  MERS was the agent for FMF.
[01:48:20.400 --> 01:48:26.400]  When FMF ceased to exist, MERS ceased to be its agent.
[01:48:26.400 --> 01:48:34.400]  So we need some evidence to show that once FMF was resurrected from the grave,
[01:48:34.400 --> 01:48:48.400]  that it actually had an operating officer with the authority to give away assets belonging to the dead guy.
[01:48:48.400 --> 01:48:49.400]  Because these are hard assets.
[01:48:49.400 --> 01:48:57.400]  You can't just pick up a hard asset and decide it's yours.
[01:48:57.400 --> 01:48:59.400]  So this is the question we bring.
[01:48:59.400 --> 01:49:02.400]  We bring it in the form of a quiet title.
[01:49:02.400 --> 01:49:07.400]  And what I need to do is look at Ohio law and make sure we have a statute
[01:49:07.400 --> 01:49:15.400]  that reflects Texas Property Code 13.001.
[01:49:15.400 --> 01:49:22.400]  And what 13.001 says, that any claim against real property not properly acknowledged or proven
[01:49:22.400 --> 01:49:29.400]  and filed in the public record is void as to the holder.
[01:49:29.400 --> 01:49:36.400]  So generally, we don't care who holds what.
[01:49:36.400 --> 01:49:44.400]  We don't care who the bona fide holder of the security instrument is.
[01:49:44.400 --> 01:49:51.400]  All we care about is what's filed in the public record because if the claim is not there,
[01:49:51.400 --> 01:49:54.400]  it's void as to the holder.
[01:49:54.400 --> 01:50:00.400]  And without that statute, there would be no reason to have a county recorder.
[01:50:00.400 --> 01:50:06.400]  Every county I've looked in has that statute.
[01:50:06.400 --> 01:50:10.400]  The very purpose of filing claims against real property in the public record
[01:50:10.400 --> 01:50:14.400]  is so that if somebody's looking to buy the property,
[01:50:14.400 --> 01:50:17.400]  they need to know if there are any hidden claims.
[01:50:17.400 --> 01:50:23.400]  And in the case of real property, there can't be any hidden claims.
[01:50:23.400 --> 01:50:25.400]  Any claim has to be filed.
[01:50:25.400 --> 01:50:28.400]  If it's not filed, it's unenforceable.
[01:50:28.400 --> 01:50:32.400]  So back up and look at the case.
[01:50:32.400 --> 01:50:37.400]  We've got the data trust and then we've got the assignment by MERS.
[01:50:37.400 --> 01:50:43.400]  And then we have, I have to go back and re-look at it, we have actions by other parties.
[01:50:43.400 --> 01:50:53.400]  So the first thing I do is take a close look at it and all the parties involved
[01:50:53.400 --> 01:50:58.400]  and decide where we attack this thing.
[01:50:58.400 --> 01:51:04.400]  I have the original deed of trust in 2006, March.
[01:51:04.400 --> 01:51:13.400]  In 2007, we have the lender going out of business.
[01:51:13.400 --> 01:51:22.400]  In 2011, we have a, where I lost the assignment, there it is, 2011.
[01:51:22.400 --> 01:51:28.400]  In July of 2011, we have the assignment by MERS.
[01:51:28.400 --> 01:51:35.400]  And then we have a foreclosure complaint, answer to the complaint.
[01:51:35.400 --> 01:51:37.400]  Okay.
[01:51:37.400 --> 01:51:44.400]  As to the foreclosure complaint, has that case been fully adjudicated?
[01:51:44.400 --> 01:51:46.400]  Yes.
[01:51:46.400 --> 01:51:50.400]  I'm looking at eviction in a couple of weeks.
[01:51:50.400 --> 01:52:01.400]  Okay, I'm suggesting a challenge to subject matter jurisdiction to the eviction court.
[01:52:01.400 --> 01:52:02.400]  Okay.
[01:52:02.400 --> 01:52:09.400]  And we claim that the eviction court lacked subject matter jurisdiction
[01:52:09.400 --> 01:52:17.400]  because the plaintiff lacked legal capacity to bring a claim before the court.
[01:52:17.400 --> 01:52:24.400]  The plaintiff was unable to bring a real controversy before the court.
[01:52:24.400 --> 01:52:25.400]  Okay.
[01:52:25.400 --> 01:52:29.400]  That would cause it to not have standing and therefore the court lacked jurisdiction.
[01:52:29.400 --> 01:52:31.400]  Is that kind of the thinking there?
[01:52:31.400 --> 01:52:32.400]  Exactly.
[01:52:32.400 --> 01:52:39.400]  It's not that the court does not have jurisdiction over the subject matter.
[01:52:39.400 --> 01:52:44.400]  It's that the court is incompetent to exercise that jurisdiction
[01:52:44.400 --> 01:52:54.400]  because the plaintiff was unable to bring a bona fide issue before the court.
[01:52:54.400 --> 01:52:57.400]  Okay.
[01:52:57.400 --> 01:53:02.400]  That's my story and I'm sticking to it.
[01:53:02.400 --> 01:53:03.400]  Okay.
[01:53:03.400 --> 01:53:12.400]  So if you'll contact me tomorrow, we'll take a look at this and see what we can do to make it work.
[01:53:12.400 --> 01:53:13.400]  Okay, very good.
[01:53:13.400 --> 01:53:25.400]  And one of the tricks, one of the things we want to try to do is we want to find a state actor.
[01:53:25.400 --> 01:53:26.400]  You have an assignment.
[01:53:26.400 --> 01:53:30.400]  You didn't actually have a trustee.
[01:53:30.400 --> 01:53:34.400]  Who filed the foreclosure complaint?
[01:53:34.400 --> 01:53:38.400]  Who filed the foreclosure?
[01:53:38.400 --> 01:53:44.400]  The plaintiff was Wells Fargo, the law firm filed it, filed the complaint.
[01:53:44.400 --> 01:53:51.400]  Wimier Alivovitz, Schoenack and Jeffrey.
[01:53:51.400 --> 01:53:52.400]  Right.
[01:53:52.400 --> 01:53:53.400]  Okay.
[01:53:53.400 --> 01:54:02.400]  Ronald J. Schoenack is the first one listed, but there's a signature here that's not legible.
[01:54:02.400 --> 01:54:07.400]  You sue whoever signed this document.
[01:54:07.400 --> 01:54:12.400]  The attorney that started out, Randy, was a guy named Douglas Hasig,
[01:54:12.400 --> 01:54:21.400]  and then another attorney named Darryl Gormley took over into the case.
[01:54:21.400 --> 01:54:29.400]  Well, if there are others that are gone, you just need a name.
[01:54:29.400 --> 01:54:33.400]  I'm looking at the petition.
[01:54:33.400 --> 01:54:43.400]  And this has to be Wimier Aronovich Schoenack or Jeffrey.
[01:54:43.400 --> 01:54:44.400]  Right.
[01:54:44.400 --> 01:54:53.400]  And it looks like it's Ronald J. Schoenack, James P. Lucas, Douglas Hasig.
[01:54:53.400 --> 01:54:56.400]  Do you recognize any of those names?
[01:54:56.400 --> 01:54:57.400]  Yes.
[01:54:57.400 --> 01:54:58.400]  Okay.
[01:54:58.400 --> 01:55:00.400]  Pick one of those.
[01:55:00.400 --> 01:55:03.400]  Here's the deal.
[01:55:03.400 --> 01:55:11.400]  You have this foreclosure, a petition, and it makes a lot of claims.
[01:55:11.400 --> 01:55:23.400]  What you don't know is if any of those claims are actually true.
[01:55:23.400 --> 01:55:32.400]  You don't know if the entity that they claim, here they claim Wells Fargo Bank NA.
[01:55:32.400 --> 01:55:36.400]  You don't know that Wells Fargo actually filed this.
[01:55:36.400 --> 01:55:40.400]  You don't know that Wells Fargo had anything to do with this.
[01:55:40.400 --> 01:55:48.400]  The only thing you actually know is that some lawyer signed this document.
[01:55:48.400 --> 01:55:51.400]  Yeah, right.
[01:55:51.400 --> 01:55:59.400]  He might have been an agent for Wells Fargo and he might not have.
[01:55:59.400 --> 01:56:05.400]  But even if he was an agent for Wells Fargo, you claim he has no standing.
[01:56:05.400 --> 01:56:10.400]  Actually, let me look at the assignment.
[01:56:10.400 --> 01:56:22.400]  Did the assignment assign the mortgage to Wells Fargo or did they assign it to somebody else?
[01:56:22.400 --> 01:56:23.400]  Hello?
[01:56:23.400 --> 01:56:27.400]  Yeah, I'm trying to figure out this thing.
[01:56:27.400 --> 01:56:30.400]  Who was the assignment?
[01:56:30.400 --> 01:56:35.400]  I'm trying to figure out who the property was assigned to.
[01:56:35.400 --> 01:56:41.400]  Wells Fargo is the name on the suit, but when you look at the public records,
[01:56:41.400 --> 01:56:44.400]  never assume anything in here.
[01:56:44.400 --> 01:56:49.400]  Okay, we do have mortgage electronic registration system, Inc.,
[01:56:49.400 --> 01:56:55.400]  as nominee for FMF Capital LLC successors and assigns.
[01:56:55.400 --> 01:57:06.400]  Okay, if there were a successor and assign, that successor or assign would have to be filed in the public record.
[01:57:06.400 --> 01:57:14.400]  So what they're trying to say is while FMF is no longer in existence,
[01:57:14.400 --> 01:57:19.400]  we're actually acting as an agent for a successor and assign.
[01:57:19.400 --> 01:57:26.400]  The problem is you can't act for that successor or assign
[01:57:26.400 --> 01:57:39.400]  unless that successor or assign has had filed in the record by FMF an assignment to that successor.
[01:57:39.400 --> 01:57:43.400]  So because there are no assignments before the one to Wells Fargo,
[01:57:43.400 --> 01:57:50.400]  we assume there are no successor and assigns, the successor and assigns could still be alive.
[01:57:50.400 --> 01:57:54.400]  But there's nothing to indicate there are any.
[01:57:54.400 --> 01:57:56.400]  FMF is dead.
[01:57:56.400 --> 01:58:04.400]  So how did mortgage electronic registration system act on the behalf of FMF?
[01:58:04.400 --> 01:58:06.400]  The dead guy.
[01:58:06.400 --> 01:58:09.400]  So I don't see anything else.
[01:58:09.400 --> 01:58:17.400]  Wells Fargo is named, but we maintain this document is void as a matter of law.
[01:58:17.400 --> 01:58:27.400]  What I'm looking at trying to do is go after these on strictly state issues.
[01:58:27.400 --> 01:58:35.400]  Where is the law firm down the side?
[01:58:35.400 --> 01:58:36.400]  Ohio.
[01:58:36.400 --> 01:58:37.400]  Wonderful.
[01:58:37.400 --> 01:58:39.400]  Okay, it's an Ohio law firm.
[01:58:39.400 --> 01:58:42.400]  Okay, we're about to go to break.
[01:58:42.400 --> 01:58:43.400]  Hang on.
[01:58:43.400 --> 01:58:45.400]  Randy Kelton.
[01:58:45.400 --> 01:58:47.400]  VetPak.
[01:58:47.400 --> 01:58:50.400]  We'll be right back.
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