ROL_2018-07-27_16k_Hr3-4.timecode
[00:00.000 --> 00:07.680] The following newsflash is brought to you by the Low Star Lowdown, providing the jelly
[00:07.680 --> 00:15.440] bulletins for the commodity market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.600] into the tides of the alternative.
[00:23.600 --> 00:29.560] Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.560 --> 00:41.280] Silver $16.68 an ounce, Texas Crude $65.51 a barrel, Bitcoin $6,902.19, Ethereum $420.80,
[00:41.280 --> 00:55.560] Bitcoin Cash $652.90, and finally Litecoins $114.34 a crypto coin.
[00:55.560 --> 01:01.280] Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01.280 --> 01:06.240] of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.240 --> 01:08.040] religion, sex, or national origin.
[01:08.040 --> 01:13.240] It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.240 --> 01:18.400] in public schools, and employment, and public accommodations for places of business.
[01:18.400 --> 01:28.000] In recent news, tensions in Syria seemed to reach new levels after a chemical attack
[01:28.000 --> 01:32.280] on civilians in the city of Duma, which left 40 dead and many injured, an attack which
[01:32.280 --> 01:36.720] is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:36.720 --> 01:41.480] United States, and on Israel by Russia, either accusatory narrative without any verified
[01:41.480 --> 01:43.360] evidence as of yet.
[01:43.360 --> 01:47.200] President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.200 --> 01:51.560] all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.560 --> 01:56.400] and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal
[01:56.400 --> 01:58.640] who kills his people and enjoys it.
[01:58.640 --> 02:02.680] Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.680 --> 02:06.800] attack must have been conducted by Assad and his forces.
[02:06.800 --> 02:11.080] Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.080 --> 02:15.120] for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.120 --> 02:19.440] Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.440 --> 02:24.040] war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.040 --> 02:28.840] rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.840 --> 02:32.560] notorious splinter groups of the American-backed Syrian rebels.
[02:32.560 --> 02:37.880] No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[02:37.880 --> 02:42.240] that smart missiles should be fired at terrorists and not at a legitimate government, which
[02:42.240 --> 02:46.800] has been fighting terrorists, or is this a trick to destroy all traces with a smart
[02:46.800 --> 03:12.760] missile strike, and then there will be no evidence for international inspectors to
[03:12.760 --> 03:17.600] destroy those missiles.
[03:17.600 --> 03:32.120] Okay, we are back.
[03:32.120 --> 03:34.380] Randy Kelton, Rue La Radio.
[03:34.380 --> 03:37.720] And we're talking to John in New York.
[03:37.720 --> 03:38.720] Okay, John.
[03:38.720 --> 03:44.720] A ticket she was charged with making the false 9-1-1 call?
[03:44.720 --> 03:51.720] Well, harassment is calling 9-1-1 repeatedly, harassing the police, according to them.
[03:51.720 --> 03:56.720] And they charged her with second degree aggravated harassment.
[03:56.720 --> 03:58.720] And they brought her in.
[03:58.720 --> 04:01.720] They read her her rights, not when they arrested her.
[04:01.720 --> 04:02.720] They read her her rights.
[04:02.720 --> 04:08.720] I think she said when they took her to the police station, when she was at the police station.
[04:08.720 --> 04:17.720] Okay, then we kind of feel that the police used entrapment, encouraged her to call.
[04:17.720 --> 04:19.720] Okay, that's number two.
[04:19.720 --> 04:26.720] Number three, she gets to go before the judge early in August, a couple weeks in August,
[04:26.720 --> 04:28.720] and plead guilty or not guilty.
[04:28.720 --> 04:32.720] So she said no preliminary hearing.
[04:32.720 --> 04:36.720] I take it that what she is charged with is a misdemeanor.
[04:36.720 --> 04:42.720] And as such, in New York State, it's my understanding.
[04:42.720 --> 04:45.720] I looked at the CPL, I tried to find the CPL.
[04:45.720 --> 04:47.720] It's my understanding she's...
[04:47.720 --> 04:50.720] Hold on, CPL, I hate acronyms.
[04:50.720 --> 04:52.720] Oh, I'm sorry, I'm sorry.
[04:52.720 --> 04:54.720] Criminal procedural law.
[04:54.720 --> 04:55.720] Okay.
[04:55.720 --> 04:57.720] Criminal, I apologize.
[04:57.720 --> 04:59.720] Criminal procedural law.
[04:59.720 --> 05:02.720] And it's my understanding I could be very wrong.
[05:02.720 --> 05:08.720] You'll have to correct me because I'm the medical guy, you're the law guy.
[05:08.720 --> 05:12.720] She was due a preliminary hearing.
[05:12.720 --> 05:13.720] She hasn't gotten one.
[05:13.720 --> 05:19.720] She's going to go before the judge in second week in August and plead guilty or not guilty.
[05:19.720 --> 05:24.720] She's going to plead not guilty and ask for a court of point of the lawyer.
[05:24.720 --> 05:26.720] That's the beginning of a disaster.
[05:26.720 --> 05:32.720] And just want to know from you how you would handle it, what you would do.
[05:32.720 --> 05:36.720] I, again, the preliminary hearing, tell me about it.
[05:36.720 --> 05:38.720] I will silence myself.
[05:38.720 --> 05:41.720] Okay, hold on, hold on.
[05:41.720 --> 05:43.720] Can't get that far yet.
[05:43.720 --> 05:50.720] You're going to a place that I've been a number of times.
[05:50.720 --> 05:57.720] You're trying to help someone who may or may not want your help.
[05:57.720 --> 05:59.720] No, no, she wants my help.
[05:59.720 --> 06:00.720] She asked me.
[06:00.720 --> 06:03.720] Yeah.
[06:03.720 --> 06:12.720] I have had a lot of people ask me for help, but when you start trying to help them,
[06:12.720 --> 06:17.720] they only want what they want and they want all this to go away.
[06:17.720 --> 06:19.720] They want no problems or issues.
[06:19.720 --> 06:21.720] They don't want to have to do anything themselves.
[06:21.720 --> 06:28.720] And from what you've told me about this woman, if she has this fascination with police,
[06:28.720 --> 06:32.720] it is going to be very difficult to help her.
[06:32.720 --> 06:34.720] Okay, so I'll say this again.
[06:34.720 --> 06:36.720] She has what, with police?
[06:36.720 --> 06:39.720] It's going to be very difficult to help her.
[06:39.720 --> 06:48.720] And I don't want you to be disappointed or frustrated or even angry at her when she won't let you help her.
[06:48.720 --> 06:51.720] I know she will, but just go ahead.
[06:51.720 --> 06:52.720] Go ahead.
[06:52.720 --> 06:53.720] Do your best.
[06:53.720 --> 06:54.720] Okay.
[06:54.720 --> 07:02.720] Then, okay, with that said, then you file a motion for preliminary hearing.
[07:02.720 --> 07:07.720] And I haven't studied the law in New York on this issue.
[07:07.720 --> 07:13.720] I know that the one TV program I used to use as an example,
[07:13.720 --> 07:19.720] the court was out of New York and they had proper preliminary hearings.
[07:19.720 --> 07:26.720] Is this apparently not a Class C misdemeanor since she was arrested?
[07:26.720 --> 07:30.720] What class of misdemeanor is this?
[07:30.720 --> 07:35.720] I can send you, there's two pages of paperwork that should have sent it to you earlier today.
[07:35.720 --> 07:37.720] They forgot.
[07:37.720 --> 07:39.720] I've got it on my phone now.
[07:39.720 --> 07:41.720] I can't send it to you now because I'm on the phone.
[07:41.720 --> 07:43.720] It won't let me do it.
[07:43.720 --> 07:46.720] But it's second degree aggravated harassment.
[07:46.720 --> 07:49.720] And that's as much as I know about the charge.
[07:49.720 --> 07:55.720] And does it carry a term of imprisonment?
[07:55.720 --> 07:57.720] Yes, it does.
[07:57.720 --> 08:01.720] Then she absolutely has the right to a preliminary hearing.
[08:01.720 --> 08:05.720] And it would take a motion to dismiss if she's asked for court appointed counsel.
[08:05.720 --> 08:12.720] And if they appoint court appointed counsel, it's not going to be much you can do to help her.
[08:12.720 --> 08:21.720] She's clearly not sophisticated in law and you would be asking her to take on her lawyer.
[08:21.720 --> 08:26.720] So her lawyer is going to feed her a big line about all the great stuff he can do for her
[08:26.720 --> 08:28.720] and then he'll throw her under the bus.
[08:28.720 --> 08:29.720] I know you will.
[08:29.720 --> 08:31.720] I've seen it done before.
[08:31.720 --> 08:34.720] Court appointed attorneys are worth it.
[08:34.720 --> 08:37.720] And it's going to be difficult.
[08:37.720 --> 08:43.720] But the first thing you have to do is have her request a preliminary hearing.
[08:43.720 --> 08:48.720] So she has to request, now you've always said let them make their own mistakes.
[08:48.720 --> 08:49.720] Don't request anything.
[08:49.720 --> 08:51.720] Let them goof up.
[08:51.720 --> 08:53.720] Don't be confused.
[08:53.720 --> 09:00.720] Well, if you want a preliminary hearing, this has been criminal.
[09:00.720 --> 09:08.720] This is what the court consistently said is that if you want a preliminary hearing, you have to ask for it.
[09:08.720 --> 09:14.720] Now, you can argue that the courts are required to give you one.
[09:14.720 --> 09:21.720] Now, if I'm setting up the court so I can go back after them and beat them up, then I don't ask for anything.
[09:21.720 --> 09:23.720] I just let them screw it up.
[09:23.720 --> 09:31.720] But this is not me and not someone like me. She's not out there to set them up.
[09:31.720 --> 09:34.720] What does she want?
[09:34.720 --> 09:36.720] Well, she wants to make a go away.
[09:36.720 --> 09:38.720] She's afraid of a jail sentence.
[09:38.720 --> 09:43.720] And that's why you asked for a preliminary hearing.
[09:43.720 --> 09:46.720] So you should ask for the preliminary hearing.
[09:46.720 --> 09:52.720] Yes, because at the preliminary hearing, she might be able to get this all to go away.
[09:52.720 --> 09:55.720] Okay. How would she do that?
[09:55.720 --> 10:07.720] She would explain her position to the judge and the judge will listen to the police and the judge will decide whether or not he believes there's sufficient evidence to believe that crime has been committed.
[10:07.720 --> 10:16.720] And it is a preliminary hearing and it's somewhat informal as opposed to an actual trial.
[10:16.720 --> 10:26.720] The judge has a certain amount of leeway to determine do we want to use up the court's resources on this issue.
[10:26.720 --> 10:33.720] And what he's likely to say to her, if I dismiss this case, are you going to bother these policemen anymore?
[10:33.720 --> 10:39.720] And she's going to say, oh, no, no, no, then he's likely just toss it.
[10:39.720 --> 10:43.720] That's your best option to get this thing to go away.
[10:43.720 --> 10:50.720] So you think the preliminary hearing, have her explain her side, that she idolizes police and so on and so forth.
[10:50.720 --> 10:52.720] And that's how it gets started.
[10:52.720 --> 10:53.720] And then I won't do it again.
[10:53.720 --> 10:56.720] And you will just go from there.
[10:56.720 --> 10:59.720] Yes.
[10:59.720 --> 11:03.720] That's probably her only opportunity to make this go away.
[11:03.720 --> 11:08.720] Once it gets passed the preliminary hearing to a prosecutor, he doesn't care.
[11:08.720 --> 11:11.720] He just wants to fight.
[11:11.720 --> 11:13.720] He wants to win.
[11:13.720 --> 11:15.720] He wants to fight.
[11:15.720 --> 11:17.720] He wants to collect money.
[11:17.720 --> 11:19.720] Oh, sure.
[11:19.720 --> 11:28.720] He's going to put the screws to her and pressure her and try to determine how much money he thinks he can extract from her.
[11:28.720 --> 11:36.720] And while he's holding jail over her head, he'll force her into accepting a deal and paying them a whole lot of money.
[11:36.720 --> 11:38.720] That's what they do.
[11:38.720 --> 11:39.720] She's got it.
[11:39.720 --> 11:48.720] If she's not sophisticated enough to handle these people, the worst thing you can do for her is push her into this position.
[11:48.720 --> 11:51.720] In other words, don't push her into a preliminary hearing.
[11:51.720 --> 11:52.720] Yeah.
[11:52.720 --> 11:53.720] Ask her.
[11:53.720 --> 11:55.720] Get her to ask for a preliminary hearing and see if she can talk to the judge.
[11:55.720 --> 12:02.720] You have to just drop in this whole thing if she agrees to play nice.
[12:02.720 --> 12:03.720] Okay.
[12:03.720 --> 12:04.720] All right.
[12:04.720 --> 12:05.720] So you think that's her best bet?
[12:05.720 --> 12:06.720] All right.
[12:06.720 --> 12:07.720] Yes, I do.
[12:07.720 --> 12:08.720] Yes, I do.
[12:08.720 --> 12:09.720] I trust you.
[12:09.720 --> 12:10.720] Do you know what you're doing?
[12:10.720 --> 12:11.720] Yeah.
[12:11.720 --> 12:12.720] I have an agenda.
[12:12.720 --> 12:20.720] And other people, Jim came on and he had an agenda.
[12:20.720 --> 12:27.720] He wanted to beat them up, get them to file a law with everybody, not just him.
[12:27.720 --> 12:32.720] So he was willing to take them on, learn how the system works, and go after them.
[12:32.720 --> 12:37.720] But this woman doesn't sound like she has that agenda.
[12:37.720 --> 12:44.720] She is somewhat learning disabled, but she's wholly unassuming as a person.
[12:44.720 --> 12:48.720] She doesn't mean to create trouble, but she did.
[12:48.720 --> 12:53.720] Well, the fact that she created trouble doesn't make it a crime.
[12:53.720 --> 12:56.720] All crimes are thought crimes.
[12:56.720 --> 12:57.720] Right.
[12:57.720 --> 13:03.720] If it wasn't her intention to violate this in your law, and see if the law is not real
[13:03.720 --> 13:06.720] specific on what constitutes a violation.
[13:06.720 --> 13:13.720] And there are some, if there are these extenuating circumstances, that this is a naive and learning
[13:13.720 --> 13:20.720] disabled person, good chance the judge is going to say, I do not want this going to
[13:20.720 --> 13:23.720] court, and just send her home.
[13:23.720 --> 13:24.720] Okay.
[13:24.720 --> 13:29.720] Can we get the attorney to do this, to agree to this, or is she screwed?
[13:29.720 --> 13:30.720] Yeah, no.
[13:30.720 --> 13:34.720] Let's get the attorney to ask for it.
[13:34.720 --> 13:35.720] Okay.
[13:35.720 --> 13:36.720] All right.
[13:36.720 --> 13:37.720] Thank you.
[13:37.720 --> 13:39.720] And most, good chance they will.
[13:39.720 --> 13:41.720] Oh, okay.
[13:41.720 --> 13:45.720] And you remember the story I told you about the back taxes?
[13:45.720 --> 13:54.720] I called one of our local assemblyman's offices to ask for help to find out if debt collectors
[13:54.720 --> 13:58.720] are required to follow the Fair Debt Collection Practices Act.
[13:58.720 --> 14:03.720] So they checked with their people in Albany, and they said most definitely they are.
[14:03.720 --> 14:06.720] Now that contradicts what you were telling me.
[14:06.720 --> 14:10.720] Did you tell them that they were collecting for a government agency?
[14:10.720 --> 14:12.720] Yeah, back taxes.
[14:12.720 --> 14:13.720] Yeah.
[14:13.720 --> 14:16.720] They haven't read the codes then.
[14:16.720 --> 14:17.720] They don't.
[14:17.720 --> 14:19.720] Oh, so they're wrong?
[14:19.720 --> 14:20.720] They're wrong?
[14:20.720 --> 14:27.720] Well, I don't know the exact specifics of New York Code.
[14:27.720 --> 14:33.720] But the federal codes, the federal laws have said that the consumer protection laws don't
[14:33.720 --> 14:38.720] apply to someone who's collecting for a government agency.
[14:38.720 --> 14:39.720] Okay.
[14:39.720 --> 14:42.720] And that's the Fed.
[14:42.720 --> 14:48.720] So, I don't know what they're, they may be referring to New York State law.
[14:48.720 --> 14:50.720] I don't know.
[14:50.720 --> 14:52.720] Yeah, that's what they were doing.
[14:52.720 --> 14:54.720] They said in Albany.
[14:54.720 --> 14:55.720] Okay.
[14:55.720 --> 15:03.720] In New York State, they have to follow New York State law and not hope to eat a respite.
[15:03.720 --> 15:06.720] The federal consumer protection laws.
[15:06.720 --> 15:12.720] So in order to determine if they're doing something improper, you'd have to look at New York law.
[15:12.720 --> 15:17.720] And since you were a debt collector, you probably know that law better than I do.
[15:17.720 --> 15:21.720] Well, here's what I know.
[15:21.720 --> 15:22.720] I sent a letter.
[15:22.720 --> 15:27.720] I sent you, you recommended to do a debt validation letter.
[15:27.720 --> 15:28.720] And I did.
[15:28.720 --> 15:29.720] I sent it to them.
[15:29.720 --> 15:35.720] I sent it to them mailing, a certificate of mailing.
[15:35.720 --> 15:40.720] And I looked it up last night and it says it guarantees that they know it was sent,
[15:40.720 --> 15:43.720] but it doesn't guarantee they know it was received.
[15:43.720 --> 15:50.720] The girl at the window gave me the, I think, well, I wanted to prove, I told her specifically,
[15:50.720 --> 15:51.720] the girl at the post office.
[15:51.720 --> 15:55.720] I said, I want to be able to prove that they actually received the letter.
[15:55.720 --> 15:58.720] So she gave me that certificate of mailing.
[15:58.720 --> 16:02.720] And I looked it up last night and I almost had a scan.
[16:02.720 --> 16:07.720] I wanted to kill somebody because it says that it will guarantee that you sent it out,
[16:07.720 --> 16:10.720] but it doesn't get necessarily guaranteed that you received it.
[16:10.720 --> 16:11.720] Did I screw it up?
[16:11.720 --> 16:16.720] It's enough that you put it in the mail, the mailbox rule.
[16:16.720 --> 16:19.720] If you put it in the mail, the courts assume they got it.
[16:19.720 --> 16:23.720] If you can prove that you mailed it, the courts assume they got it.
[16:23.720 --> 16:28.720] If you filed it with the U.S. Postal Service, you can get a tracking record of what happened
[16:28.720 --> 16:29.720] to that mail.
[16:29.720 --> 16:34.720] Well, I'm not sure it says it can't be tracked.
[16:34.720 --> 16:35.720] Hang on.
[16:35.720 --> 16:36.720] Okay, I'll wait.
[16:36.720 --> 16:37.720] Okay, then I have no idea.
[16:37.720 --> 16:41.720] You're not filing certified mail, the return machine requested it.
[16:41.720 --> 16:43.720] You've got something else you're filing.
[16:43.720 --> 16:44.720] Hang on.
[16:44.720 --> 16:52.720] Randy Kelton, RURA Radio, a call in number 512-646-1984.
[16:52.720 --> 17:21.720] We'll be right back.
[17:22.720 --> 17:50.720] We'll be right back.
[17:50.720 --> 17:57.720] We'll be right back.
[18:20.720 --> 18:48.720] We'll be right back.
[18:48.720 --> 19:10.720] We'll be right back.
[19:10.720 --> 19:36.720] Okay, we are back.
[19:36.720 --> 19:46.720] Randy Kelton, RURA Radio, on this Friday, the 27th day of July 2017, and we're talking
[19:46.720 --> 19:48.720] to John in New York.
[19:48.720 --> 19:49.720] Hi, Randy.
[19:49.720 --> 19:51.720] Thank you very kindly.
[19:51.720 --> 19:55.720] I can't tell you enough how I thank you.
[19:55.720 --> 20:00.720] They've already violated the Fair Debt Collection Practices Act, twice with two phone calls and
[20:00.720 --> 20:02.720] twice with two letters.
[20:02.720 --> 20:07.720] That's four violations and why they violated when you sent them.
[20:07.720 --> 20:08.720] Hold on.
[20:08.720 --> 20:09.720] Hold on.
[20:09.720 --> 20:17.720] How does the New York State law, how closely does it reflect the Fair Debt Collection Practices
[20:17.720 --> 20:18.720] Act?
[20:18.720 --> 20:28.720] I'm going to say it probably follows the federal pretty close, but the Assemblyman's
[20:28.720 --> 20:35.720] office told me that even though I told them that it doesn't apply, that the Fair Debt
[20:35.720 --> 20:40.720] Collection Practices Act doesn't apply, I heard because they're collecting for a government
[20:40.720 --> 20:43.720] agency and they said, we'll find out about that.
[20:43.720 --> 20:45.720] So they sent me an email back.
[20:45.720 --> 20:47.720] I think I sent you that email.
[20:47.720 --> 20:49.720] I'm not sure if I did.
[20:49.720 --> 20:54.720] I think I sent you the email, a copy of it to look at it, I think, but if I didn't, I
[20:54.720 --> 20:55.720] will.
[20:55.720 --> 21:00.720] And the whole idea is when you send a debt validation letter, they are supposed to cease
[21:00.720 --> 21:03.720] and desist all communication, all dunning.
[21:03.720 --> 21:08.720] They're supposed to cease and desist all dunning until they resolve that matter, until they
[21:08.720 --> 21:10.720] send you a validation of the debt.
[21:10.720 --> 21:13.720] But they haven't sent me a validation of the debt.
[21:13.720 --> 21:15.720] And so they violated it four times.
[21:15.720 --> 21:17.720] I want to sue their pants off.
[21:17.720 --> 21:19.720] I've got a long history of...
[21:19.720 --> 21:22.720] Now it's like 1,500 bucks of violation.
[21:22.720 --> 21:23.720] Yeah.
[21:23.720 --> 21:25.720] Okay.
[21:25.720 --> 21:28.720] It may be that it applies.
[21:28.720 --> 21:33.720] My experience has been in the past that the courts have ruled it does not apply.
[21:33.720 --> 21:39.720] But however, let them prove it doesn't apply.
[21:39.720 --> 21:42.720] Go ahead and go after them under it.
[21:42.720 --> 21:43.720] Okay.
[21:43.720 --> 21:45.720] Now prove what doesn't apply, Randy?
[21:45.720 --> 21:50.720] FDCPA, Fair Debt Collections Practices Act.
[21:50.720 --> 21:54.720] They're underburdened to prove it doesn't apply.
[21:54.720 --> 21:55.720] Exactly.
[21:55.720 --> 21:59.720] There's a question about whether it applies or not.
[21:59.720 --> 22:01.720] Let them prove it.
[22:01.720 --> 22:05.720] If they say it doesn't apply, prove it up.
[22:05.720 --> 22:11.720] Don't get to make a proactive statement of law out of your own mouth.
[22:11.720 --> 22:16.720] Show me out of the mouth of the courts that it doesn't apply.
[22:16.720 --> 22:24.720] Let them brief it all out and spend more money than they've tried to collect from you.
[22:24.720 --> 22:30.720] Well, as it is, they can't collect from me because I've switched.
[22:30.720 --> 22:32.720] I took the...
[22:32.720 --> 22:34.720] All I get is social security.
[22:34.720 --> 22:36.720] I don't get very much.
[22:36.720 --> 22:40.720] I'm lucky I can buy two strings.
[22:40.720 --> 22:43.720] And instead that's another topic sometime.
[22:43.720 --> 22:49.720] The only thing that they can sue on is my social security and they can't.
[22:49.720 --> 22:53.720] The state government cannot sue social security.
[22:53.720 --> 22:57.720] And...
[22:57.720 --> 23:00.720] Can they garnish social security?
[23:00.720 --> 23:02.720] No, they can't.
[23:02.720 --> 23:03.720] So it's protected?
[23:03.720 --> 23:05.720] It's protected.
[23:05.720 --> 23:07.720] It's one of the ones that's protected.
[23:07.720 --> 23:08.720] And I think they know that.
[23:08.720 --> 23:10.720] They've called me at least twice.
[23:10.720 --> 23:15.720] And I handle the call.
[23:15.720 --> 23:20.720] They say, well, in order to proceed, I say, what do you want John for?
[23:20.720 --> 23:22.720] And they say, well, we have a matter of business.
[23:22.720 --> 23:24.720] So John comes on the phone.
[23:24.720 --> 23:29.720] And I discuss it with him by saying, yes, can I help you?
[23:29.720 --> 23:31.720] And they say, you John.
[23:31.720 --> 23:35.720] And not only I wouldn't, but I did this time.
[23:35.720 --> 23:42.720] And because I think I'm fairly safe, but I don't want to assume too much.
[23:42.720 --> 23:48.720] So they said, well, there's certain things that we have to verify with you first before we can tell you what this matter,
[23:48.720 --> 23:50.720] because I asked them what the matter is about.
[23:50.720 --> 23:53.720] It's what we can't tell you unless we verify some information first.
[23:53.720 --> 23:55.720] Hey, don't talk to me, lady.
[23:55.720 --> 23:56.720] I was a collector.
[23:56.720 --> 23:58.720] I know the garbage.
[23:58.720 --> 24:01.720] I know the garbage that comes out of your mouth.
[24:01.720 --> 24:03.720] And I never did that.
[24:03.720 --> 24:05.720] We were taught the right way.
[24:05.720 --> 24:11.720] And what they're trying to do is trying to verify the information so they can try to throw a lawsuit at me.
[24:11.720 --> 24:15.720] And I'm not stupid enough to verify anything.
[24:15.720 --> 24:18.720] I says, well, I really don't answer questions.
[24:18.720 --> 24:23.720] And she goes, well, we can tell you and tell you what this business is about.
[24:23.720 --> 24:25.720] You're going to have to verify information.
[24:25.720 --> 24:27.720] I says, well, I don't answer questions.
[24:27.720 --> 24:33.720] I don't have information right now at this time and we can't proceed.
[24:33.720 --> 24:36.720] And then they hung up and they said, well, we'll send you another letter.
[24:36.720 --> 24:40.720] Well, they got themselves in a little deeper because that's another violation.
[24:40.720 --> 24:42.720] So that's two letters and two calls.
[24:42.720 --> 24:43.720] There may be a third call.
[24:43.720 --> 24:44.720] I can't remember.
[24:44.720 --> 24:45.720] I have to check my fault.
[24:45.720 --> 24:47.720] And I recorded the calls.
[24:47.720 --> 24:52.720] And so there you have it.
[24:52.720 --> 25:00.720] Okay, you might want to get them annoyed at you, maybe get them to act more ignorant.
[25:00.720 --> 25:07.720] There was a woman in Kansas City, Missouri.
[25:07.720 --> 25:12.720] That collector tried to collect $1,500 debt from her.
[25:12.720 --> 25:16.720] And she claimed you got the wrong person and I never owed that debt.
[25:16.720 --> 25:17.720] And they didn't care.
[25:17.720 --> 25:18.720] They came after her.
[25:18.720 --> 25:21.720] And they were so malicious she finally sued them.
[25:21.720 --> 25:27.720] And she went to court and demonstrated all the stuff they had done.
[25:27.720 --> 25:34.720] The jury awarded her $82 million.
[25:34.720 --> 25:36.720] Why?
[25:36.720 --> 25:40.720] They were really upset.
[25:40.720 --> 25:48.720] I didn't get all the specifics of why, but apparently the debt collector was so malicious.
[25:48.720 --> 25:51.720] And the woman actually proved she didn't earn it.
[25:51.720 --> 25:53.720] It was clear that that collector didn't care.
[25:53.720 --> 25:56.720] They figured if they harassed her enough, she'd go ahead and pay it anyway.
[25:56.720 --> 25:57.720] Pay?
[25:57.720 --> 25:59.720] Yeah, yeah, the IRS does that.
[25:59.720 --> 26:10.720] And the jury clearly knew that that judgment would never stand, but they were making a statement.
[26:10.720 --> 26:15.720] So these guys don't want to get in front of a jury.
[26:15.720 --> 26:16.720] Yeah.
[26:16.720 --> 26:21.720] The one thing you want to get them to do is pull your credit.
[26:21.720 --> 26:31.720] If they pull your credit after they've started collection procedures, then that's a felony.
[26:31.720 --> 26:33.720] Yeah, but I used to do that.
[26:33.720 --> 26:37.720] They used to give us instructions and I worked for a very careful company.
[26:37.720 --> 26:39.720] I worked for an extremely careful company.
[26:39.720 --> 26:42.720] Has something changed since 1992?
[26:42.720 --> 26:49.720] I suspect it has because I got people real close to me.
[26:49.720 --> 26:55.720] I'm sworn to silence on that won their issue with a debt collector for specifically that reason.
[26:55.720 --> 27:02.720] They paid $6,000 to get them to go away and quit beating them up.
[27:02.720 --> 27:03.720] I see.
[27:03.720 --> 27:09.720] As a debt collector, I was very well taught and our company was a jury, very conscientious.
[27:09.720 --> 27:15.720] They didn't want to see an attorney general letter sitting on the desk on a Monday morning.
[27:15.720 --> 27:22.720] And they were very careful, so they taught us instead of, you know, you can call from 8 a.m. to 9 p.m.
[27:22.720 --> 27:27.720] Well, you call from 8.30 a.m. to 8.30 p.m. just to be on the safe side.
[27:27.720 --> 27:29.720] Maybe your clock isn't working right.
[27:29.720 --> 27:31.720] Maybe you forgot.
[27:31.720 --> 27:35.720] You know, always on the side of the law that was more cautious.
[27:35.720 --> 27:37.720] So that's how we were taught.
[27:37.720 --> 27:39.720] There may not have been a felony then.
[27:39.720 --> 27:42.720] It certainly is now.
[27:42.720 --> 27:44.720] So that's a felony?
[27:44.720 --> 27:46.720] Yes.
[27:46.720 --> 27:47.720] Oh, okay.
[27:47.720 --> 27:49.720] I'll check my credit file.
[27:49.720 --> 27:51.720] And if they did, I'll mail them with that.
[27:51.720 --> 27:55.720] I'm good at suing, you know, Michael Merris and they had the commercials.
[27:55.720 --> 27:57.720] I'd like to do one of my own.
[27:57.720 --> 28:00.720] I'm pretty well.
[28:00.720 --> 28:02.720] Yeah, this originally came from Michael Merris.
[28:02.720 --> 28:05.720] He's the one that brought that up.
[28:05.720 --> 28:07.720] Oh, really?
[28:07.720 --> 28:09.720] Yeah, and he tells you to keep a ledger.
[28:09.720 --> 28:11.720] He'll ball the calls.
[28:11.720 --> 28:14.720] Oh, yeah, I can record them.
[28:14.720 --> 28:17.720] I record every one of them.
[28:17.720 --> 28:20.720] Anyway, okay, thank you.
[28:20.720 --> 28:22.720] Thank you very, very much.
[28:22.720 --> 28:24.720] Okay, thank you, John.
[28:24.720 --> 28:26.720] Okay, we're about to go to break.
[28:26.720 --> 28:31.720] We had another minute and a half, so we're going to try Rick in Texas again.
[28:31.720 --> 28:35.720] It wasn't on there last time, Rick, are you there?
[28:35.720 --> 28:36.720] I'm here.
[28:36.720 --> 28:37.720] Are you there?
[28:37.720 --> 28:38.720] Can you hear me, Randy?
[28:38.720 --> 28:41.720] I can't hear a word you're saying.
[28:41.720 --> 28:43.720] Can you hear me now?
[28:43.720 --> 28:47.720] No, I can't hear you now either.
[28:47.720 --> 28:49.720] I'm kidding.
[28:49.720 --> 28:51.720] Thank you.
[28:51.720 --> 28:54.720] I just couldn't get my phone on Bluetooth early enough.
[28:54.720 --> 28:55.720] No, I was not asleep.
[28:55.720 --> 28:57.720] It's a great show tonight.
[28:57.720 --> 29:00.720] Thank you.
[29:00.720 --> 29:04.720] Okay, okay, what do you have for us?
[29:04.720 --> 29:06.720] Even though I can't hear you.
[29:06.720 --> 29:08.720] What's that?
[29:08.720 --> 29:11.720] I said, even though I can't hear you, what do you have for us tonight?
[29:11.720 --> 29:15.720] Okay, yeah, I was a little suspicious there.
[29:15.720 --> 29:17.720] So I went to court last week.
[29:17.720 --> 29:18.720] I'm a 19th.
[29:18.720 --> 29:21.720] It was supposed to be the announced ready for trial.
[29:21.720 --> 29:27.720] And, you know, the Monday before that, I had hand delivered my writ of malice petition for writ of mandamus.
[29:27.720 --> 29:34.720] And so when I got to court, the judge says, well, we see that you followed the petition for writ of mandamus.
[29:34.720 --> 29:41.720] And the assistant prosecutors, they're on a little computer and the judge asked, you know, have we heard anything back yet?
[29:41.720 --> 29:43.720] They're just thinking it's going to come in any minute.
[29:43.720 --> 29:49.720] And she's like, no, there's nothing as of, you know, like an hour ago, judge, but I'm going to respond to them.
[29:49.720 --> 29:59.720] And then the judge pauses and says, you know, looks at it and just goes, very poorly written, Mr. Renfrow, and, you know, I just thought, you know, that's great.
[30:02.720 --> 30:09.720] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
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[33:12.720 --> 33:34.720] Music
[33:34.720 --> 33:36.720] Okay, we are back.
[33:36.720 --> 33:44.720] Welcome to Rule of Law Radio on this Friday, the 27th day of July, 2018,
[33:44.720 --> 33:47.720] and we're talking to Rick in Texas.
[33:47.720 --> 33:53.720] Okay, the judge thought it was poorly written.
[33:53.720 --> 33:58.720] Yes, and you know how it all ended was the assistant prosecutor says,
[33:58.720 --> 34:06.720] well, you know, I'm going to respond to him, but we haven't heard anything as of like an hour ago, and I'm just checking now, there's nothing.
[34:06.720 --> 34:16.720] So they say, well, Mr. Ramfo, we're going to set you now for September 27th for a jury trial, and you will be representing yourself.
[34:16.720 --> 34:20.720] So then the weirdest thing happened, I figured you could shed some light on this.
[34:20.720 --> 34:22.720] I don't understand what their motive is for doing this.
[34:22.720 --> 34:24.720] There's got to be something to it.
[34:24.720 --> 34:29.720] The judge asking the attorney says, Mr. Ramfo, is it like a big trial or a jury trial?
[34:29.720 --> 34:32.720] So we'll ask for a jury trial at the very beginning.
[34:32.720 --> 34:34.720] So that's fine.
[34:34.720 --> 34:40.720] We'll be asking, I can't remember verbatim, but she says something like, we'll be asking for probation.
[34:40.720 --> 34:42.720] Are you okay with that?
[34:42.720 --> 34:44.720] Like, you're asking me.
[34:44.720 --> 34:47.720] And I said, well, I guess, but I said, I'll appeal it.
[34:47.720 --> 34:52.720] Then the judge really got pissed off and said, Mr. Ramfo, I'm tired of hearing about your appeals.
[34:52.720 --> 34:54.720] It's not the trial.
[34:54.720 --> 35:06.720] So she's clearly pretty irritated, but so they told me what they were going to be asking for and asked me if it was like, if I'm in agreement to that.
[35:06.720 --> 35:08.720] That was just odd to me.
[35:08.720 --> 35:09.720] That is odd.
[35:09.720 --> 35:20.720] Generally, they hold that off and threaten you with how much time they're going to try to give you in jail.
[35:20.720 --> 35:23.720] Right.
[35:23.720 --> 35:31.720] But it sounds like they're not comfortable with their case.
[35:31.720 --> 35:34.720] Yeah, I mean, this has been fun as you said in the very beginning.
[35:34.720 --> 35:41.720] And then a couple of days later, they sent me a different notice, like 8-6 next, like in two weeks.
[35:41.720 --> 35:43.720] We're changing the jury trial.
[35:43.720 --> 35:50.720] We're sure that we will hear from the Court of Appeals by then, oh, and by the way, your subpoenas are ready.
[35:50.720 --> 35:52.720] So, you know, call so-and-so for your subpoenas.
[35:52.720 --> 36:02.720] Now, a subpoena's already, Randy, but, you know, the court gives certain special people to send them out, and it's $75 per subpoena.
[36:02.720 --> 36:12.720] You know, I'm just like, man, I really hate to spend $150 to have these subpoenas sent out unless you strongly encourage me to do so.
[36:12.720 --> 36:16.720] I don't understand why I can't send them out, but that's the Court's rules.
[36:16.720 --> 36:19.720] It has to be a constable, a sheriff, or someone.
[36:19.720 --> 36:22.720] So that's where things stand right now.
[36:22.720 --> 36:36.720] In the event the Court of Appeals does not side with me that, yeah, they did not contest this, you know, the court, the county court did not forward these to the court reporter within 10 days.
[36:36.720 --> 36:42.720] I'm hoping they will, but if they don't side in my favor, you know, what, what advice do you have on that?
[36:42.720 --> 36:45.720] You appeal.
[36:45.720 --> 36:52.720] Oh, you, the court, okay, the rear of mandamus, the rear of mandamus is not appealable.
[36:52.720 --> 36:53.720] Okay.
[36:53.720 --> 36:59.720] Then we move ahead with the trial.
[36:59.720 --> 37:02.720] Have you heard from the Texas Ranger?
[37:02.720 --> 37:07.720] Yes, the Texas Ranger is very confused on what I wrote.
[37:07.720 --> 37:10.720] I told him, I said, it's not your job to understand this.
[37:10.720 --> 37:12.720] A lot of work went into it.
[37:12.720 --> 37:14.720] Your only role is to get it into a grand jury.
[37:14.720 --> 37:17.720] He says, well, you know, how about if I give it to the DA?
[37:17.720 --> 37:19.720] I said, well, you know, go ahead, I guess.
[37:19.720 --> 37:23.720] So the DA has it now.
[37:23.720 --> 37:27.720] Well, here's this problem giving it to the DA.
[37:27.720 --> 37:29.720] That's protocol.
[37:29.720 --> 37:42.720] However, the DA in the matter of a complaint against a public official is forbidden to exercise any discretion.
[37:42.720 --> 37:45.720] He must give it to the grand jury.
[37:45.720 --> 37:52.720] So him taking it to the DA doesn't relieve his responsibility.
[37:52.720 --> 37:54.720] It just puts the DA on the top.
[37:54.720 --> 38:02.720] And when the DA doesn't give it to a grand jury, then you can file against the Texas Ranger and the DA.
[38:02.720 --> 38:03.720] Right.
[38:03.720 --> 38:06.720] Right.
[38:06.720 --> 38:10.720] And he asked you, how about if I give it to the DA?
[38:10.720 --> 38:11.720] Right.
[38:11.720 --> 38:12.720] Yeah, I have.
[38:12.720 --> 38:14.720] Right, he does.
[38:14.720 --> 38:15.720] I'm sorry.
[38:15.720 --> 38:16.720] Yes.
[38:16.720 --> 38:26.720] So his, okay, under Article 2.13, he's required to give notice to some magistrate.
[38:26.720 --> 38:30.720] Not, he's not required to give it to the grand jury.
[38:30.720 --> 38:35.720] He's required to give notice to some magistrate and magistrates hold examining trial.
[38:35.720 --> 38:46.720] And then after the examining trial, he seal all the documents had in the hearing in an envelope and forward it to the clerk of the court of jurisdiction.
[38:46.720 --> 38:59.720] And the court is to keep under 17.31, the court, the clerk is required to keep all these papers safe and deliver them up to the next grand jury.
[38:59.720 --> 39:02.720] That's what the code says.
[39:02.720 --> 39:03.720] Okay.
[39:03.720 --> 39:05.720] Not to practice.
[39:05.720 --> 39:13.720] So if you talk to the Ranger again, tell him you need to send those to a magistrate.
[39:13.720 --> 39:15.720] Not to prosecute an attorney.
[39:15.720 --> 39:32.720] It's odd that he asked that because I filed criminal charges against a Texas Ranger and the director of the Department of Public Safety because they gave the complaints to the district attorney.
[39:32.720 --> 39:34.720] Okay.
[39:34.720 --> 39:37.720] They called that criminal conspiracy to commit.
[39:37.720 --> 39:42.720] And we've got a couple other people filing.
[39:42.720 --> 39:47.720] I don't think they filed against the Ranger yet, but they're setting them up for it.
[39:47.720 --> 39:53.720] So I'm wondering if that first time got their attention.
[39:53.720 --> 39:57.720] If you really get their attention, they're not going to tell you.
[39:57.720 --> 40:02.720] You can only tell by the way they behave themselves subsequently.
[40:02.720 --> 40:07.720] So I'm looking forward to filing more complaints against Rangers.
[40:07.720 --> 40:20.720] What the Ranger is required to do is as a certified piece of officer, what he's made known that the crime has been committed, is to give notice to some magistrate.
[40:20.720 --> 40:22.720] That's what the code says.
[40:22.720 --> 40:24.720] Okay.
[40:24.720 --> 40:28.720] So you don't necessarily have to give him legal advice.
[40:28.720 --> 40:31.720] How long ago did you talk to him?
[40:31.720 --> 40:33.720] Last week.
[40:33.720 --> 40:34.720] Okay.
[40:34.720 --> 40:35.720] Call him next week.
[40:35.720 --> 40:38.720] They called me.
[40:38.720 --> 40:39.720] Hold on.
[40:39.720 --> 40:40.720] Hold on.
[40:40.720 --> 40:42.720] He called you?
[40:42.720 --> 40:43.720] Yes.
[40:43.720 --> 40:44.720] Well, actually, I'd call.
[40:44.720 --> 40:47.720] I believe I called him first and said, I need to know if the district attorney.
[40:47.720 --> 40:48.720] Yeah, I did.
[40:48.720 --> 40:54.720] I need to know when he's going to turn his into the grand jury.
[40:54.720 --> 40:57.720] If he's not going to, he's going to contact me if he hasn't.
[40:57.720 --> 40:59.720] He needs to know what date to get.
[40:59.720 --> 41:03.720] So he calls me like a date or two later when he was out of court.
[41:03.720 --> 41:07.720] We've been playing phone tag.
[41:07.720 --> 41:10.720] So at least he's paying attention.
[41:10.720 --> 41:16.720] I take that as a good sign.
[41:16.720 --> 41:18.720] And we'll use this.
[41:18.720 --> 41:26.720] If he doesn't give it to the some magistrate or the grand jury, then we file against the Texas Ranger again.
[41:26.720 --> 41:34.720] These Rangers start getting criminal charges against them for following Texas Ranger policy.
[41:34.720 --> 41:38.720] They'll have to change the policy.
[41:38.720 --> 41:48.720] They'll have to change the policy to order the Ranger to take the complaint and give it to the grand jury or give it to some magistrate.
[41:48.720 --> 41:57.720] If the magistrate, and once it's given to the magistrate, then it's given to the magistrate by a certified peace officer.
[41:57.720 --> 42:01.720] Now the magistrate is required to examine into the sufficient scene.
[42:01.720 --> 42:03.720] We'll see what the magistrate does with it.
[42:03.720 --> 42:10.720] And we'll go after the magistrate if they don't act appropriately and send the Ranger after him.
[42:10.720 --> 42:11.720] Right, right.
[42:11.720 --> 42:15.720] Well, I'll urge your opinion as well about trying to save $150.
[42:15.720 --> 42:23.720] If, in fact, the Court of Appeals does side with me and I get, well, they just say, you know, hey, he's indigent, get him some counsel,
[42:23.720 --> 42:32.720] or at least have an evidentiary hearing for him, then I could have my attorney, I mean, I'm asking you, say, hey, I've got these subpoenas.
[42:32.720 --> 42:33.720] Send them out.
[42:33.720 --> 42:36.720] We want to question these guys because they can't say what they did on the track.
[42:36.720 --> 42:39.720] They have no method of payment that they can show me.
[42:39.720 --> 42:42.720] It's very, very suspicious.
[42:42.720 --> 42:46.720] Or, you know, would you be like, nah, you know, spend the money and send them out?
[42:46.720 --> 42:49.720] Spend the money.
[42:49.720 --> 42:50.720] Huh?
[42:50.720 --> 42:55.720] How much is your liberty worth to you?
[42:55.720 --> 42:57.720] Oh, quite a bit.
[42:57.720 --> 42:59.720] Again, you know, I was...
[42:59.720 --> 43:06.720] And this should not be a question.
[43:06.720 --> 43:10.720] I had somebody call in once and his brother had gotten a DUI.
[43:10.720 --> 43:12.720] I said, well, was it first?
[43:12.720 --> 43:14.720] No, it's third.
[43:14.720 --> 43:16.720] Well, does he have an attorney?
[43:16.720 --> 43:18.720] He can't afford an attorney.
[43:18.720 --> 43:22.720] Does he have a flat screen TV or a pickup truck?
[43:22.720 --> 43:24.720] Well, he has a pickup truck.
[43:24.720 --> 43:25.720] Sell it and get an attorney.
[43:25.720 --> 43:29.720] Well, he needs you to go to work.
[43:29.720 --> 43:30.720] He won't need you to go to work if he's doing 25 to life.
[43:30.720 --> 43:33.720] I mean, get your priorities straight.
[43:33.720 --> 43:41.720] How many days of work would you have to lose to make up for that 150?
[43:41.720 --> 43:42.720] Hang on.
[43:42.720 --> 43:43.720] Go into break.
[43:43.720 --> 43:44.720] Randy Kelkin.
[43:44.720 --> 43:45.720] Use our radio.
[43:45.720 --> 43:49.720] I'll call it number 512-646-1984.
[43:49.720 --> 43:56.720] We'll be right back.
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[46:23.720 --> 46:38.720] Okay, we are back.
[46:38.720 --> 46:44.720] Randy Kelton, rule of law radio, and we're talking to Rick in Texas.
[46:44.720 --> 46:47.720] Okay, Rick, paid $150.
[46:47.720 --> 46:51.720] Chump change relative to the risk.
[46:51.720 --> 46:53.720] Okay, I'll do that.
[46:53.720 --> 46:59.720] I just wanted you to think, you know, Matt, and then we've got the criminal complaints taken care of.
[46:59.720 --> 47:05.720] I've got your opinion on what to do, you know, how to follow up on all that.
[47:05.720 --> 47:10.720] The thing that, and I guess you're just kind of perplexed by it as well, is why...
[47:10.720 --> 47:12.720] I think there must be some reason, but I don't...
[47:12.720 --> 47:16.720] Why they would say, well, we'll be asking for probation, you know, kind of like,
[47:16.720 --> 47:21.720] how do you feel about that? I'm like, I just thought that was the hardest thing.
[47:21.720 --> 47:23.720] I don't know what's up their sleeve about that.
[47:23.720 --> 47:27.720] The way I look at that is the prosecutor blinked.
[47:27.720 --> 47:34.720] I take that as an indication that the prosecutor's not confident with the prosecutor's case.
[47:34.720 --> 47:41.720] And with all of the stink you're stirring up already,
[47:41.720 --> 47:49.720] I just kind of feel like prosecutor's not going to want to get any deeper than he already is.
[47:49.720 --> 47:54.720] You have filed criminal charges against prosecutor, haven't you?
[47:54.720 --> 48:02.720] Yes, yes, I have. However, not Ryan Casano, the assistant prosecutor is the one.
[48:02.720 --> 48:05.720] It reads on the discovery you gave me. There's a page in there.
[48:05.720 --> 48:11.720] It reads that he examined everything and thought, oh my gosh, there's so much more damage.
[48:11.720 --> 48:15.720] This is really a Class A, not a Class C. However, they don't have...
[48:15.720 --> 48:19.720] All of the discovery they gave me, you know, they gave it to me in ample time, Randy,
[48:19.720 --> 48:23.720] but they gave me a page that says CD-ROM 9 photos.
[48:23.720 --> 48:27.720] They didn't give me a CD-ROM. There's four photos, and there are two of the same photos.
[48:27.720 --> 48:32.720] So there's actually two photos that show jeeps in the distance, two jeeps,
[48:32.720 --> 48:35.720] side by side talking to each other with their lights on.
[48:35.720 --> 48:42.720] There's no pictures of ruts, damage, anything at all. It's nothing.
[48:42.720 --> 48:46.720] The discovery doesn't even claim how it reads.
[48:46.720 --> 48:51.720] So I'm thinking like, how could Mr. Casano, unless he's an engineer as well,
[48:51.720 --> 48:55.720] decide that there's so much more damage when they can't show me a proof of payment,
[48:55.720 --> 48:59.720] a method of payment, they can't show me a detailed description of what they did,
[48:59.720 --> 49:03.720] an X amount of hours to clean out 40 photos, you know, that type of thing,
[49:03.720 --> 49:08.720] how do you determine, though, that it went from a C to an A? I mean, right.
[49:08.720 --> 49:10.720] Okay, you're arguing the case here.
[49:10.720 --> 49:12.720] What?
[49:12.720 --> 49:18.720] I'm thinking more in terms of the criminal charges you're filing. Have you filed any bar grievances?
[49:18.720 --> 49:24.720] Not yet, but I... Well, I have on Casano originally, and I think that's what pissed him off.
[49:24.720 --> 49:29.720] So I'm doing another one on him. I thought I'd do one on Eddie, the head guy, the county attorney,
[49:29.720 --> 49:31.720] when this is all said and done.
[49:31.720 --> 49:35.720] No, don't wait till it's said and done. Do it early.
[49:35.720 --> 49:40.720] This is for leverage. Don't wait till they throw you in jail.
[49:40.720 --> 49:41.720] Okay.
[49:41.720 --> 49:46.720] Hammer the head guy. So he goes back to these lower guys and says,
[49:46.720 --> 49:52.720] why am I getting hammered here? Do something to stop me from getting hammered.
[49:52.720 --> 49:58.720] Yeah, the two assistants he has, I've filed on those two. So Eddie's the only one they haven't filed on.
[49:58.720 --> 50:03.720] Is the one that you were in front of today, had you filed on this one?
[50:03.720 --> 50:05.720] I'm sorry?
[50:05.720 --> 50:11.720] The one you were last in front of, had you filed... that made this comment about probation,
[50:11.720 --> 50:13.720] had you filed on that lawyer?
[50:13.720 --> 50:15.720] Yes.
[50:15.720 --> 50:18.720] So I think the lawyer is cringing.
[50:18.720 --> 50:21.720] He's in jail.
[50:21.720 --> 50:28.720] That was, to me, that was an indication that the lawyer was not comfortable with their case.
[50:28.720 --> 50:33.720] And always, all they're about is getting you to take a deal.
[50:33.720 --> 50:35.720] Oh, yeah, right.
[50:35.720 --> 50:37.720] And she's...
[50:37.720 --> 50:41.720] Just not being able to do it, like I told you.
[50:41.720 --> 50:48.720] Okay, so I would say she blanked.
[50:48.720 --> 50:53.720] So it's time to keep the pressure up. File on the boss's boss.
[50:53.720 --> 50:54.720] Okay.
[50:54.720 --> 51:00.720] The highest one you can, start stinging them up the line, and they're going to start complaining back down the line
[51:00.720 --> 51:05.720] and put more pressure on these guys. And they're more likely to drop the case.
[51:05.720 --> 51:12.720] So judicial conduct complain is in order right now for the judge, a bar grievance on the county attorney, just to start off?
[51:12.720 --> 51:14.720] Just for yucks, yes.
[51:14.720 --> 51:16.720] Yeah, just for yucks, yeah.
[51:16.720 --> 51:23.720] And that's going to make him really unhappy.
[51:23.720 --> 51:25.720] I'm sorry, could you say that again?
[51:25.720 --> 51:29.720] I said that will make him very unhappy.
[51:29.720 --> 51:34.720] Because bar grievance goes on his records and stays there for a long time.
[51:34.720 --> 51:36.720] I'm sorry, could you say that again?
[51:36.720 --> 51:40.720] I said that will make him very unhappy.
[51:40.720 --> 51:48.720] Because bar grievance goes on his records and stays there forever.
[51:48.720 --> 51:58.720] That's good news. That's good news.
[51:58.720 --> 52:03.720] I was going to ask you something else. I lost my train of thought.
[52:03.720 --> 52:14.720] How do you feel about changing it from September 27th to August 6th to speed things up a lot? I don't understand that move.
[52:14.720 --> 52:19.720] I don't either. I can't anticipate what the court's going to do.
[52:19.720 --> 52:22.720] But they might get a surprise.
[52:22.720 --> 52:39.720] This goes to court appointed counsel and since you filed for court appointed counsel and the clerk and the court reporter did not respond to that, correct?
[52:39.720 --> 52:41.720] That is correct.
[52:41.720 --> 52:46.720] Then you have a right to it. So they might actually rule in your favor.
[52:46.720 --> 52:51.720] Yeah, I mean it was a whole month later before we met in court on March 1st.
[52:51.720 --> 52:56.720] I filed all this file for the county clerk February 2nd.
[52:56.720 --> 52:59.720] You have a right to it as a matter of law.
[52:59.720 --> 53:01.720] Right.
[53:01.720 --> 53:04.720] Okay, let me move on. I've got a couple more callers.
[53:04.720 --> 53:07.720] I'm thinking it may be good news.
[53:07.720 --> 53:10.720] Okay, I think it sounds like good news to me.
[53:10.720 --> 53:16.720] Okay, thank you Rick. Now we're going to Mauricio in Texas.
[53:16.720 --> 53:24.720] Oh, been a while. What do you have for us today?
[53:24.720 --> 53:28.720] Oh, Randy, we've been busy. How are you?
[53:28.720 --> 53:32.720] I'm doing it first.
[53:32.720 --> 53:33.720] Nope.
[53:33.720 --> 53:36.720] Wait a minute. Say that again.
[53:36.720 --> 53:38.720] Did I lose you?
[53:38.720 --> 53:41.720] I'm here. Can you hear me?
[53:41.720 --> 53:44.720] Yes, sir. I can hear you now.
[53:44.720 --> 53:48.720] You need to keep your mouth consistent distance from the mic.
[53:48.720 --> 53:52.720] You're backing away and coming closer.
[53:52.720 --> 53:54.720] Can you hear me better now?
[53:54.720 --> 53:56.720] Yes.
[53:56.720 --> 53:59.720] Okay, what do you have for us?
[53:59.720 --> 54:04.720] Oh, well, I've got a curiosity question. Two parts.
[54:04.720 --> 54:14.720] First part is I'm working with a team on a situation here in my city
[54:14.720 --> 54:23.720] where a bunch of the officers including the police chief were doing an investigation
[54:23.720 --> 54:29.720] on a fellow officer for complaints that had been made.
[54:29.720 --> 54:36.720] And somehow he's either related or is befriended to the mayor.
[54:36.720 --> 54:43.720] So then the mayor begins persuading the police chief to kill the investigation on the police officer
[54:43.720 --> 54:51.720] to the point where the police chief files or asks the interim city manager to file criminal complaints
[54:51.720 --> 54:56.720] against the mayor for abusive power and the list goes on that the police chief put on.
[54:56.720 --> 55:03.720] Wow. You actually have a real police chief?
[55:03.720 --> 55:06.720] Well, it gets more interesting.
[55:06.720 --> 55:12.720] The interim city manager sat on the complaint because she was scared she'd get fired.
[55:12.720 --> 55:22.720] A new interim city manager has now come in and they are pressuring the police chief to either retire
[55:22.720 --> 55:24.720] or they're going to demote him.
[55:24.720 --> 55:30.720] They can't fire him because he's part of the collective bargaining agency here.
[55:30.720 --> 55:35.720] File retaliation charges against the mayor.
[55:35.720 --> 55:37.720] I'm sorry?
[55:37.720 --> 55:43.720] The Texas Code of Criminal Procedure.
[55:43.720 --> 55:46.720] Oh, what was it?
[55:46.720 --> 55:56.720] I used to have it memorized somehow. I lost the number. Obstruction retaliation.
[55:56.720 --> 56:03.720] Yes, and I want to say all of that including the code number is in the police chief's criminal complaint,
[56:03.720 --> 56:08.720] which we've got all the public information requests copied.
[56:08.720 --> 56:11.720] And that's actually what my question is about.
[56:11.720 --> 56:19.720] I just found out that one of the large news agencies that's about 50 miles from our hometown,
[56:19.720 --> 56:22.720] they'd be considered a big city,
[56:22.720 --> 56:30.720] they did a public information request on the original officer that is related to the mayor
[56:30.720 --> 56:35.720] that began with the complaints that they did demote the guy, punish him.
[56:35.720 --> 56:48.720] Now, my question is, can I put in a public information request to see exactly what that news agency was looking for?
[56:48.720 --> 56:50.720] Yes.
[56:50.720 --> 56:56.720] Oh, I can, because I figured I could because they would be public record once they filed it, right?
[56:56.720 --> 56:58.720] Yes.
[56:58.720 --> 57:02.720] It becomes a government document and it is public record.
[57:02.720 --> 57:05.720] Perfect. That was just the clarification I needed.
[57:05.720 --> 57:16.720] Now, we've also got two complaints against the city and the interim city manager for not complying with the timely matters of our public information request.
[57:16.720 --> 57:22.720] They've received that complaint from the AG's office.
[57:22.720 --> 57:27.720] Okay, that's, you understand, that's a class A misdemeanor.
[57:27.720 --> 57:31.720] But who would that be against? Would it be the interim city manager?
[57:31.720 --> 57:36.720] It would be against whoever is designated as the custodian of the record.
[57:36.720 --> 57:57.720] Normally, the director of an agency is automatically the custodian of the record unless the director of the agency has appointed a specific purpose person to act as custodian of the record.
[57:57.720 --> 58:07.720] And that's the person you would file against. And this is criminal. I think it's 552.353.
[58:07.720 --> 58:12.720] The Open Records Act is not a civil statute. It's a criminal statute.
[58:12.720 --> 58:18.720] Violation of the act is class A misdemeanor or official misconduct.
[58:18.720 --> 58:30.720] And the statute I was trying to think of earlier is 3606. Obstruction retaliation that should be filed against the mayor and the city manager.
[58:30.720 --> 58:49.720] The mayor on receiving a criminal complaint is required to hold an examining trial, not try to force the filer of the document to withdraw it. That's also...
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[59:51.720 --> 59:59.720] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:21.720 --> 01:00:48.720] Markets for the 11th of April 2018 close with gold $1,353.22 an ounce, silver $16.68 an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, Ethereum's at $420.80, Bitcoin cash is at $652.90 and finally Litecoin's at $114.34 a crypto coin.
[01:00:51.720 --> 01:01:07.720] Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968 which prohibited private businesses from discriminating based on race, color, religion, sex or national origin.
[01:01:07.720 --> 01:01:17.720] It also prohibited unequal application of voter registration requirements, racial segregation in public schools and employment and public accommodations for places of business.
[01:01:17.720 --> 01:01:23.720] Today in History.
[01:01:23.720 --> 01:01:31.720] In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured.
[01:01:31.720 --> 01:01:38.720] An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States and on Israel by Russia.
[01:01:38.720 --> 01:01:51.720] Either accusatory narrative without any verified evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new and smart.
[01:01:51.720 --> 01:01:57.720] Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:57.720 --> 01:02:05.720] Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:05.720 --> 01:02:14.720] Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the sign of the chemical slaughter.
[01:02:14.720 --> 01:02:26.720] Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[01:02:26.720 --> 01:02:31.720] with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:31.720 --> 01:02:43.720] No surprise, then, why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[01:02:43.720 --> 01:02:50.720] Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:50.720 --> 01:03:03.720] This was Brick Roadie with your lowdown for April 11, 2018.
[01:03:21.720 --> 01:03:28.720] I will not be by my father's house until he returns
[01:03:28.720 --> 01:03:32.720] I will not be by my father's house
[01:03:32.720 --> 01:03:36.720] He has to be with his friends and with them
[01:03:36.720 --> 01:03:39.720] I will not be by my concern
[01:03:39.720 --> 01:03:43.720] I will not be by my father's house
[01:03:43.720 --> 01:03:51.720] I will not be by my father's house
[01:03:51.720 --> 01:03:55.720] I will not be by my father's house
[01:03:55.720 --> 01:03:59.720] I will not be by my father's house
[01:03:59.720 --> 01:04:14.720] I will not be by my father's house
[01:04:14.720 --> 01:04:40.720] I will not be by my father's house
[01:04:40.720 --> 01:05:03.720] And once he made a criminal accusation, he became a protected class for the city manager and the mayor to threaten to take action against him because of his testimony on a government document is witness tampering.
[01:05:03.720 --> 01:05:15.720] Is it a felony? I have to go back and check. If it's a felony, it's a low grade felony. If it's not, it's a class A misdemeanor.
[01:05:15.720 --> 01:05:25.720] That would get him a year in jail. It's a pretty serious business. You should file it.
[01:05:25.720 --> 01:05:45.720] We're getting ready. There's multiple things we're working on with the mayor. It's not just that. There's large forms of nepotism. The police department, the park department, and the fire department, they all purchase their water hoses and supplies from her husband.
[01:05:45.720 --> 01:05:59.720] They were negotiated. They just went through airport lease contracts and they leased a hangar out there. She did not have to pay from any of that.
[01:05:59.720 --> 01:06:22.720] Okay, she's building up quite a laundry list in her first two, three years of being mayor. Oh, also the city is paying her husband back something like $1.1 million in supposedly those taxes that were wrongfully collected because the business was outside of the city limit.
[01:06:22.720 --> 01:06:36.720] Nonetheless, there's still a whole lot of cloud going on underneath that one mayor loan. Plus, our city has gone under the only recall in the entire city's history under her tenure, too.
[01:06:36.720 --> 01:07:04.720] But that's the city. With the county, I don't know if you remember the DA. There was a police chief in another city in the county that had filed a criminal complaint against the mayor because he had proof that the mayor was using city credit card to fill up their personal vehicle
[01:07:04.720 --> 01:07:07.720] and other family members' vehicle.
[01:07:07.720 --> 01:07:13.720] That's 3902 penal code, official misconduct, dead on.
[01:07:13.720 --> 01:07:23.720] And he has the recording from the gas station and the paper trail from the city credit card with timing and everything that you know.
[01:07:23.720 --> 01:07:41.720] We just had a constable almost go to prison for that here in Weiss County. In the county I live in in Texas. For exactly that, fill up his car and fill up his Weiss car from the county credit card.
[01:07:41.720 --> 01:07:55.720] Well, the DA gets a hold of it and the DA is quoted saying, I'm not going to, we're not going to do anything with this. I need her during the next election.
[01:07:55.720 --> 01:08:04.720] So they have suppressed that criminal complaint and as of that, the police chief in that town has been fired.
[01:08:04.720 --> 01:08:10.720] Did you file, okay, somebody needs to file criminal charges against the DA?
[01:08:10.720 --> 01:08:17.720] Well, now one of his ex-employees has done that, who is an ex-state representative as well.
[01:08:17.720 --> 01:08:26.720] Now the Texas Rangers have come in to investigate and supposedly they're appointing an attorney to the case.
[01:08:26.720 --> 01:08:36.720] But that's just, that's her complaint. That's not the complaint that we've got in my public information request which involves that mayor.
[01:08:36.720 --> 01:08:42.720] There's one with the water board where they were stolen money and they suppressed the criminal charges there.
[01:08:42.720 --> 01:08:59.720] Now I did a list of pretty key cases that have been pretty much suppressed and in my public information request I asked what was their officer's policy as to which cases were forwarded to the grand jury.
[01:08:59.720 --> 01:09:11.720] Now every time we put in a public information request to their office, keep in mind the first time I tried to do it, they sent me all over the courthouse because quote, unquote, they did not accept public information requests in their office.
[01:09:11.720 --> 01:09:16.720] Until I got tired of running around and went back and told them, look, you're either going to do it or I'm going to call 911.
[01:09:16.720 --> 01:09:26.720] So they took it. I received a letter from their office saying it was forwarded to the attorney general's office because there was an ongoing investigation with a bunch of retracted information.
[01:09:26.720 --> 01:09:40.720] Back and forth, the attorney general's office tells me that they have a CD for me to pick up. I go to pick it up and they tell me they have no idea what I'm talking about. Have a good day.
[01:09:40.720 --> 01:09:43.720] Did you file, do you call 911?
[01:09:43.720 --> 01:09:48.720] I did not. I kind of left out a stupor there.
[01:09:48.720 --> 01:09:55.720] Okay. Are you familiar with Article 2.03, Texas Code of Criminal Procedure?
[01:09:55.720 --> 01:09:59.720] Not yet, but I will be looking that up.
[01:09:59.720 --> 01:10:03.720] Oh, you're going to like this one.
[01:10:03.720 --> 01:10:13.720] Article 2.01 says it shall be the primary duty of the prosecuting attorney, not to secure conviction, but to ensure that justice is served.
[01:10:13.720 --> 01:10:19.720] He shall not seek witnesses or evidence that may show the innocence of the accused and mitigate the guilt of the accused.
[01:10:19.720 --> 01:10:26.720] Well, that's nice, high-minded rhetoric, but it doesn't specifically tell the prosecutor to do anything.
[01:10:26.720 --> 01:10:40.720] Article 2.02, and there's a whole bunch of amendments to it, all of those go to the county attorney or represent this kind of stuff, the district attorney or represent this kind of stuff.
[01:10:40.720 --> 01:10:52.720] 2.03, first one that gives a prosecutor a specific duty, and I'm paraphrasing here because it's a little bit long and convoluted.
[01:10:52.720 --> 01:11:02.720] Essentially what it says, if a prosecuting attorney is made known in any manner that a public official has violated a law relating to his office,
[01:11:02.720 --> 01:11:14.720] he shall reduce the complaint and information submitted to the grand jury, zero discretion in the matter of a complaint against a public official.
[01:11:14.720 --> 01:11:25.720] 2.04, 5 and 6 instruct the prosecuting attorney what he's to do when a complaint is made against a non-public official.
[01:11:25.720 --> 01:11:46.720] 2.03 is a special statute exempted out of the normal prosecutorial process, so it must be treated as a special statute, no discretion of any kind.
[01:11:46.720 --> 01:11:58.720] This is why I raised the complaint about when the Texas Rangers were set up as a public integrity unit to investigate public officials,
[01:11:58.720 --> 01:12:10.720] the director was required to produce a set of protocols, and the protocols said that the Texas Rangers had to ask permission from the district attorney to investigate a public official.
[01:12:10.720 --> 01:12:18.720] Say what? That's criminal conspiracy to commit, and that's exactly what I charged him with.
[01:12:18.720 --> 01:12:39.720] The Texas Ranger and the director of public safety criminal conspiracy to obstruct justice by asking a prosecuting attorney for permission to investigate a public official when he is absolutely forbidden to have any discretion in a matter.
[01:12:39.720 --> 01:12:52.720] Looked at one up, criminal complaints were filed against a public official with the district attorney, his duty was absolutely crystal clear.
[01:12:52.720 --> 01:13:02.720] And the other thing I wanted to mention, try filing your complaints in with a grand jury in a different county.
[01:13:02.720 --> 01:13:11.720] Here's what you're going to get, the letter I got from the foreman of the grand jury in Tarrant County.
[01:13:11.720 --> 01:13:20.720] We examined into your accusation and find no Tarrant County offense subject to indictment.
[01:13:20.720 --> 01:13:25.720] So I filed criminal charges against the foreman of the grand jury.
[01:13:25.720 --> 01:13:48.720] This is what the code says, the grand jury shall investigate into all offenses subject to indictment that come to their knowledge by way of any member of the grand jury, the prosecuting attorney, or any credible person.
[01:13:48.720 --> 01:13:55.720] Credible person is defined as any person over 18, never convicted of a felony.
[01:13:55.720 --> 01:13:59.720] It does not say any county offenses.
[01:13:59.720 --> 01:14:04.720] If the legislature had met county offenses, they would have said so.
[01:14:04.720 --> 01:14:07.720] Here's the argument.
[01:14:07.720 --> 01:14:13.720] While a grand jury is convened in every county.
[01:14:13.720 --> 01:14:30.720] By a judge who is restricted to a specific venue, there is nothing in law that speaks to a grand jury as being anything other than a state grand jury.
[01:14:30.720 --> 01:14:35.720] And there's nothing in law that restricts the venue of a grand jury.
[01:14:35.720 --> 01:14:48.720] 2.08 Texas Code of Criminal Procedure says the grand jury shall investigate into all offenses.
[01:14:48.720 --> 01:15:06.720] Now, Attorney General Opinion H500 is a question as to whether or not a magistrate can hold an examining trial on an offense that did not occur in the magistrate's jurisdiction.
[01:15:06.720 --> 01:15:19.720] And the answer was a resounding yes, a magistrate can hear any complaint, state or federal, felony or misdemeanor, from anywhere within the state of Texas.
[01:15:19.720 --> 01:15:25.720] Now, essentially a grand jury performs an examining trial.
[01:15:25.720 --> 01:15:46.720] And since there is nothing in law that restricts the venue of a grand jury in the state of Texas, and the grand jury is a state grand jury, it is my assertion that they have statewide jurisdiction.
[01:15:46.720 --> 01:16:06.720] So when the prosecuting attorney advises the foreman that he can't hear this because it is from another county, and the foreman sends you this letter that says we find no county offense subject to indictment, then you file criminal charges against the foreman.
[01:16:06.720 --> 01:16:11.720] And the foreman is going to get apoplexy.
[01:16:11.720 --> 01:16:19.720] When you come after him criminally, we'll get this thing fixed.
[01:16:19.720 --> 01:16:21.720] Very interesting.
[01:16:21.720 --> 01:16:28.720] I mean, I'll never, I can't wait for this to come up on the archives. I need to show this to everybody else.
[01:16:28.720 --> 01:16:29.720] Okay.
[01:16:29.720 --> 01:16:35.720] Well, I'm throwing this out there as potential options and potential ways to set them up.
[01:16:35.720 --> 01:16:36.720] Absolutely.
[01:16:36.720 --> 01:16:44.720] What is this county prosecutor going to, what's the county prosecutor going to do when you're filing with another county?
[01:16:44.720 --> 01:16:49.720] Can he trust that other prosecutor to have his back?
[01:16:49.720 --> 01:16:50.720] Hang on.
[01:16:50.720 --> 01:16:52.720] About to go to break Randy Kelton.
[01:16:52.720 --> 01:16:57.720] We'll radio a call in number 512-646-1984.
[01:16:57.720 --> 01:17:03.720] We'll be right back.
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[01:20:18.720 --> 01:20:21.720] Okay, we are back.
[01:20:21.720 --> 01:20:23.720] Randy Kelsen with Logo Radio.
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[01:20:36.720 --> 01:20:46.720] We struggled for years to keep this radio on the air, this network on the air and how Debra's managed to keep all of this stuff working on the break.
[01:20:46.720 --> 01:20:55.720] We were talking about some equipment that she's taking apart and cleaning out and reworking to keep it up and going.
[01:20:55.720 --> 01:20:57.720] She's done this for years.
[01:20:57.720 --> 01:21:03.720] She has computers that are so old, I don't know how she keeps them running.
[01:21:03.720 --> 01:21:05.720] But she does.
[01:21:05.720 --> 01:21:12.720] She uses these because it's what we need to handle some of the programs that we use.
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[01:21:30.720 --> 01:21:32.720] See, we had a question about that.
[01:21:32.720 --> 01:21:37.720] We wasn't sure if the donation tag was working.
[01:21:37.720 --> 01:21:42.720] So we were asking everybody to just go in there and check it out and see if it's actually working.
[01:21:42.720 --> 01:21:49.720] And just try donating ten bucks just to see if the donation tag works.
[01:21:49.720 --> 01:21:52.720] You buy that story, right?
[01:21:52.720 --> 01:21:53.720] No, well, okay.
[01:21:53.720 --> 01:21:58.720] Back to Mauricio in Texas.
[01:21:58.720 --> 01:21:59.720] Okay.
[01:21:59.720 --> 01:22:02.720] Go ahead, Mauricio.
[01:22:02.720 --> 01:22:03.720] We tried that.
[01:22:03.720 --> 01:22:04.720] I tried that last weekend.
[01:22:04.720 --> 01:22:05.720] It didn't work.
[01:22:05.720 --> 01:22:07.720] So I thought I'd try it again.
[01:22:07.720 --> 01:22:12.720] The condition of Gracious doing the same thing and expecting different results.
[01:22:12.720 --> 01:22:14.720] Okay, go ahead.
[01:22:14.720 --> 01:22:22.720] Well, if it's any consolation, I pulled out my laptop and looked for the tag.
[01:22:22.720 --> 01:22:31.720] Okay, but for consideration, you know, when I do these things, I like to set these public officials up.
[01:22:31.720 --> 01:22:36.720] I'd like to ask them to do things that I know they're not going to do.
[01:22:36.720 --> 01:22:40.720] So I can sting them when they don't do it.
[01:22:40.720 --> 01:22:44.720] And it doesn't take long till they figure it out.
[01:22:44.720 --> 01:22:46.720] And then they start paying more attention.
[01:22:46.720 --> 01:22:54.720] If you have public officials that are playing fast and loose with money, they're going to be afraid.
[01:22:54.720 --> 01:23:02.720] What I found is the more corrupt the public official is, the more afraid they are.
[01:23:02.720 --> 01:23:08.720] I went to Williamson County and we just went and sat down in a courtroom.
[01:23:08.720 --> 01:23:16.720] And this prosecutor came over and said, sir, sir, and I said, yes, do you have a case here?
[01:23:16.720 --> 01:23:18.720] A civil case in this court?
[01:23:18.720 --> 01:23:19.720] Oh, no, no.
[01:23:19.720 --> 01:23:20.720] No, I'm sorry.
[01:23:20.720 --> 01:23:22.720] First he asked, do you have a case here today?
[01:23:22.720 --> 01:23:24.720] Oh, no, no, nothing like that.
[01:23:24.720 --> 01:23:29.720] And I was writing, taking notes on a pad.
[01:23:29.720 --> 01:23:31.720] And I just went back to taking notes.
[01:23:31.720 --> 01:23:33.720] I'm in a nice suit and tie.
[01:23:33.720 --> 01:23:37.720] Then he waits a little bit and he says, sir, sir.
[01:23:37.720 --> 01:23:40.720] And I said, yes, do you have a civil case here today?
[01:23:40.720 --> 01:23:42.720] Oh, no, no, nothing like that.
[01:23:42.720 --> 01:23:43.720] And I go back to writing.
[01:23:43.720 --> 01:23:45.720] And he stands there a minute.
[01:23:45.720 --> 01:23:54.720] He's a young kid, black suit, black shirt, bright red tie.
[01:23:54.720 --> 01:23:57.720] I guess he thought he looked cool.
[01:23:57.720 --> 01:24:05.720] The third time he says, sir, sir, and I look up, held up both hands with my palms out and said, no more questions.
[01:24:05.720 --> 01:24:08.720] And you'd have thought I slapped him.
[01:24:08.720 --> 01:24:14.720] He just stood there with his mouth hanging open and I just went back to taking notes.
[01:24:14.720 --> 01:24:16.720] And I see him in a peripheral vision.
[01:24:16.720 --> 01:24:20.720] He hung around a little while and then he ambled off.
[01:24:20.720 --> 01:24:23.720] A little while later this older guy come and leaned over the bar.
[01:24:23.720 --> 01:24:25.720] He was obviously the county attorney.
[01:24:25.720 --> 01:24:27.720] He said, sir, sir.
[01:24:27.720 --> 01:24:28.720] And I said, yes.
[01:24:28.720 --> 01:24:32.720] He said, I had asked about an appearance docket.
[01:24:32.720 --> 01:24:35.720] He told me, well, you can get an appearance docket at the clerk down at the desk.
[01:24:35.720 --> 01:24:38.720] And I said, no, the debate has told me that.
[01:24:38.720 --> 01:24:39.720] Thank you.
[01:24:39.720 --> 01:24:41.720] And I went back down to writing.
[01:24:41.720 --> 01:24:43.720] And he said, sir, sir.
[01:24:43.720 --> 01:24:45.720] And I looked up and I said, yes.
[01:24:45.720 --> 01:24:49.720] He said, is there something I can do for you?
[01:24:49.720 --> 01:24:55.720] I said, if I need you, I will summon you.
[01:24:55.720 --> 01:24:57.720] You are dismissed.
[01:24:57.720 --> 01:25:01.720] And he looked like I hated him with a baseball bat.
[01:25:01.720 --> 01:25:05.720] He looked at me like he couldn't believe I said that to him.
[01:25:05.720 --> 01:25:08.720] And then he just ambled off.
[01:25:08.720 --> 01:25:18.720] The guys I had came there with, one of them had been arrested, two aspirin, two prescription pills and an aspirin bottle.
[01:25:18.720 --> 01:25:22.720] He brought in the prescription for both of them and they're still prosecuting him.
[01:25:22.720 --> 01:25:26.720] They go to him because I had went across the hall and looked at his record.
[01:25:26.720 --> 01:25:32.720] And then I filed an information request with the county attorney's office.
[01:25:32.720 --> 01:25:39.720] And they sent out this assistant prosecuting attorney who was dressed like a prostitute.
[01:25:39.720 --> 01:25:49.720] Real high spike heels, short miniskirt dress, real tight top and plunging D-neck.
[01:25:49.720 --> 01:25:53.720] No, I like pretty girls as much as about anybody.
[01:25:53.720 --> 01:25:59.720] But as an assistant prosecuting attorney, I was offended by that.
[01:25:59.720 --> 01:26:10.720] She brought out my information request. I asked for all documents collected to be able to maintain by the department that are specifically referenced by Article 1730 Code of Criminal Procedure.
[01:26:10.720 --> 01:26:16.720] And she said, Ms. Kilton, I'm not sure what you're asking for.
[01:26:16.720 --> 01:26:20.720] Well, read the complaint, read the request.
[01:26:20.720 --> 01:26:27.720] And she said, I know, but I don't know what you're asking for.
[01:26:27.720 --> 01:26:29.720] I said, read.
[01:26:29.720 --> 01:26:32.720] Oh, she said, can you be a little more specific?
[01:26:32.720 --> 01:26:35.720] Oh, yes, I can be more specific.
[01:26:35.720 --> 01:26:41.720] Read the code and turned and walked away.
[01:26:41.720 --> 01:26:46.720] So I wonder who is this guy?
[01:26:46.720 --> 01:26:54.720] The guy that I had came with, the guy whose records I looked at, he said the prosecutor came and asked him, are you here with somebody today?
[01:26:54.720 --> 01:26:57.720] He said, no, just me and Steve here.
[01:26:57.720 --> 01:27:02.720] Well, somebody's in there looking at your record and he's in the court and we don't know who he is.
[01:27:02.720 --> 01:27:08.720] And Doug told him, I told you I had a top secret clearance and you're going to ruin it for me.
[01:27:08.720 --> 01:27:12.720] Now they think I'm a fed.
[01:27:12.720 --> 01:27:14.720] They dismissed his case.
[01:27:14.720 --> 01:27:16.720] They said, anything else you want?
[01:27:16.720 --> 01:27:18.720] Well, I'd like to get the order signed.
[01:27:18.720 --> 01:27:21.720] So I take him to the judge and it just signs the order.
[01:27:21.720 --> 01:27:22.720] Anything else?
[01:27:22.720 --> 01:27:24.720] I'd like to get my bond back.
[01:27:24.720 --> 01:27:26.720] They take him down to the clerk.
[01:27:26.720 --> 01:27:28.720] He fills out a paper and some paperwork.
[01:27:28.720 --> 01:27:31.720] The next day he got his bond money back.
[01:27:31.720 --> 01:27:40.720] He came to the seminar I was doing and he said, have you ever walked into a room and turned the lights on and watched the cockroaches scatter?
[01:27:40.720 --> 01:27:43.720] He said, that's what it looked like.
[01:27:43.720 --> 01:27:46.720] The more corrupt they are.
[01:27:46.720 --> 01:27:52.720] In Williamson County, Alex Jones would not drive into Williamson County.
[01:27:52.720 --> 01:27:55.720] He wouldn't take 35 North out of Austin.
[01:27:55.720 --> 01:28:01.720] He would go around because he'd have to go through Williamson County because it's so corrupt.
[01:28:01.720 --> 01:28:05.720] The more corrupt they are, the more frightened they are.
[01:28:05.720 --> 01:28:12.720] Every one of these people, when they didn't know who I was, they were sure I was after them.
[01:28:12.720 --> 01:28:24.720] They ran home and cracked open the door to their deepest, darkest closet and looked in there at the skeletons they had in there and they were sure I knew what it was.
[01:28:24.720 --> 01:28:29.720] So the more corrupt these guys are, the more frightened they are.
[01:28:29.720 --> 01:28:38.720] If you go after them strategically and generally, the best way to go after them was with a bank shot.
[01:28:38.720 --> 01:28:42.720] You don't really go after them straight on.
[01:28:42.720 --> 01:28:56.720] You go after them kind of on the fringes, minor stuff on the fringes and give them the impression you're looking for something more serious or you're working towards something more serious.
[01:28:56.720 --> 01:28:59.720] That scares them more than anything.
[01:28:59.720 --> 01:29:03.720] It scares them more than you going straight at them and starting to fight with them.
[01:29:03.720 --> 01:29:05.720] That they know how to deal with.
[01:29:05.720 --> 01:29:12.720] But when you're skirting around the edges, stinging them in little places, one and the other, they feel like you're setting them up.
[01:29:12.720 --> 01:29:14.720] That's when they start to get their act straight.
[01:29:14.720 --> 01:29:17.720] That's my story and I'm sticking to it.
[01:29:17.720 --> 01:29:20.720] Hang on, Mauricio. We're about to go to break.
[01:29:20.720 --> 01:29:27.720] Randy Kelton, Louis LaRidio, a call in number 512-646-1984.
[01:29:27.720 --> 01:29:35.720] I'm a little bit ahead of myself. Mauricio, do you have any more questions or comments for the other side?
[01:29:35.720 --> 01:29:39.720] Unless you've got a full call board.
[01:29:39.720 --> 01:29:45.720] No, I've got one more caller so I have a little more time if you have something for the other side.
[01:29:45.720 --> 01:29:48.720] Sure, I do have one more question. Thank you.
[01:29:48.720 --> 01:29:50.720] Okay, we'll pick that up on the other side.
[01:29:50.720 --> 01:30:01.720] Randy Kelton, Louis LaRidio, we'll be right back.
[01:30:01.720 --> 01:30:08.720] Europeans take long stress-free vacations, but Americans have a tough time unplugging from their jobs.
[01:30:08.720 --> 01:30:15.720] I'm Dr. Catherine Albrecht, back with a new study that measures how much Americans work when they should be resting after this.
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[01:30:31.720 --> 01:30:34.720] Privacy, it's worth hanging on to.
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[01:31:30.720 --> 01:31:36.720] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.720 --> 01:31:43.720] The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
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[01:32:58.720 --> 01:33:01.720] I mean, I actually be kidding about chemtrails.
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[01:33:34.720 --> 01:33:44.720] Okay, we are back.
[01:33:44.720 --> 01:33:45.720] We're Andy Kelston.
[01:33:45.720 --> 01:33:48.720] We're beautiful on radio, and we're talking to Mauricio in Texas.
[01:33:48.720 --> 01:33:52.720] We have one more question.
[01:33:52.720 --> 01:33:53.720] Go ahead, Mauricio.
[01:33:53.720 --> 01:33:55.720] Yes, sir.
[01:33:55.720 --> 01:34:02.720] Oh, and to wrap up, the last part was the DA, the ex-employee that filed complaints against them.
[01:34:02.720 --> 01:34:16.720] One of the complaints was for using staff on DA time to campaign for him during campaign season.
[01:34:16.720 --> 01:34:18.720] I don't know if I said that correctly.
[01:34:18.720 --> 01:34:23.720] They were basically on the DA time to campaign for him.
[01:34:23.720 --> 01:34:30.720] Oh, and that's the kind of thing that politicians have been hammered for repeatedly.
[01:34:30.720 --> 01:34:36.720] Right, and that's one of the things that they filed the complaint against them for, that and their sexual harassment stuff.
[01:34:36.720 --> 01:34:40.720] Sexual harassment?
[01:34:40.720 --> 01:34:43.720] Damn, you're a bad guy.
[01:34:43.720 --> 01:34:44.720] Oh, yeah.
[01:34:44.720 --> 01:34:46.720] They found their child out of wedlock.
[01:34:46.720 --> 01:34:49.720] I mean, this guy's a winner.
[01:34:49.720 --> 01:34:59.720] So, anyway, my personal case, which I know I haven't sent you any paperwork, but I need to sum you up again also.
[01:34:59.720 --> 01:35:04.720] Back in February of 2017, I was traveling through Monard County.
[01:35:04.720 --> 01:35:07.720] I was pulled over.
[01:35:07.720 --> 01:35:11.720] They found medical marijuana that I had with me.
[01:35:11.720 --> 01:35:13.720] I spent the night in jail.
[01:35:13.720 --> 01:35:22.720] And we had come up with a conclusion that since Monard County and where I live has been eight hour travels just one way.
[01:35:22.720 --> 01:35:27.720] The best thing to do was to try to settle for a deal that we can live with.
[01:35:27.720 --> 01:35:32.720] And then once we've preserved our liberty, then we go after them.
[01:35:32.720 --> 01:35:36.720] That's always my suggestion.
[01:35:36.720 --> 01:35:38.720] Liberty first.
[01:35:38.720 --> 01:35:40.720] Yes, sir.
[01:35:40.720 --> 01:35:44.720] To sum that, everything has been transported.
[01:35:44.720 --> 01:35:49.720] I'm actually, I guess, February was the beginning.
[01:35:49.720 --> 01:35:56.720] The pre-bargain I wound up getting was deferred for a year.
[01:35:56.720 --> 01:36:02.720] I've got to pay the court costs and the attorney fees, even though I found indigent and appointed an attorney.
[01:36:02.720 --> 01:36:07.720] And the first 20 minutes that we talked to each other, the guy basically not to be the attorney.
[01:36:07.720 --> 01:36:10.720] And he, well, that'd be more expensive than everything else.
[01:36:10.720 --> 01:36:13.720] He was more than half of what the fees were.
[01:36:13.720 --> 01:36:18.720] So there's a little icing on the cake.
[01:36:18.720 --> 01:36:20.720] But nothing else.
[01:36:20.720 --> 01:36:23.720] I pay about close to $300 a month.
[01:36:23.720 --> 01:36:26.720] I'll be doing community service.
[01:36:26.720 --> 01:36:34.720] I'm ordered to go to AA meeting or he gets what AA, UA, something like that.
[01:36:34.720 --> 01:36:36.720] I really haven't even looked into it yet.
[01:36:36.720 --> 01:36:41.720] And then I have to pay for UA testing.
[01:36:41.720 --> 01:36:55.720] Now, when we go after them for the federal writ, am I going to student for all the hours I get for community service, the money that I've paid every month, and all of that as a whole?
[01:36:55.720 --> 01:36:57.720] Absolutely.
[01:36:57.720 --> 01:37:00.720] Oh, great, great, great, great, great.
[01:37:00.720 --> 01:37:06.720] Yeah, because I don't know why I was doubting myself. I just, I guess I needed to hear reassured that now don't worry about it.
[01:37:06.720 --> 01:37:07.720] You're doing the right thing.
[01:37:07.720 --> 01:37:08.720] Let's just keep going.
[01:37:08.720 --> 01:37:09.720] Trucking.
[01:37:09.720 --> 01:37:10.720] Yeah.
[01:37:10.720 --> 01:37:15.720] And sue them for not just what it costs.
[01:37:15.720 --> 01:37:16.720] You sue them for your time.
[01:37:16.720 --> 01:37:18.720] You sue them for gas.
[01:37:18.720 --> 01:37:24.720] You sue them for the money you didn't make because you had to take off work.
[01:37:24.720 --> 01:37:26.720] All the costs.
[01:37:26.720 --> 01:37:29.720] Perfect, perfect, perfect, perfect, perfect.
[01:37:29.720 --> 01:37:30.720] Alrighty.
[01:37:30.720 --> 01:37:33.720] That's pretty much all I needed to know.
[01:37:33.720 --> 01:37:39.720] And I'll be getting all of that paperwork, the timeline in an orderly fashion.
[01:37:39.720 --> 01:37:42.720] And I'll be trying to email it to you.
[01:37:42.720 --> 01:37:48.720] I'm not going to say sue them because I've been busy with all the other fun rollercoaster here with the mayor in the county.
[01:37:48.720 --> 01:37:49.720] So.
[01:37:49.720 --> 01:37:56.720] Okay, well, let me know when you get it to me and we'll look at it.
[01:37:56.720 --> 01:37:57.720] You got it, brother.
[01:37:57.720 --> 01:37:59.720] You have a blessed one.
[01:37:59.720 --> 01:38:05.720] I hope your mom's doing good and say hello to everybody and ask for a list.
[01:38:05.720 --> 01:38:16.720] I just took her to the doctor today and asked the doctor if I could get a prescription for anti-sassy pills.
[01:38:16.720 --> 01:38:23.720] They said they didn't have any.
[01:38:23.720 --> 01:38:27.720] All of this have to deal with it.
[01:38:27.720 --> 01:38:29.720] Well, that's a great sign, at least.
[01:38:29.720 --> 01:38:36.720] Threatened to disinherit me just because I took her to the chiropractor.
[01:38:36.720 --> 01:38:37.720] Yeah.
[01:38:37.720 --> 01:38:38.720] Mom's a hoot.
[01:38:38.720 --> 01:38:39.720] She's great fun.
[01:38:39.720 --> 01:38:40.720] Okay.
[01:38:40.720 --> 01:38:41.720] Thank you, Mauricio.
[01:38:41.720 --> 01:38:44.720] Now we're going to go to Ken in New York.
[01:38:44.720 --> 01:38:46.720] Hello, Ken.
[01:38:46.720 --> 01:38:50.720] What do you have for us today?
[01:38:50.720 --> 01:38:59.720] Nothing critical, but I've been listening about fees and debts and things of that nature collection.
[01:38:59.720 --> 01:39:06.720] And in New York, what I noticed is that I'd mentioned one time about the request for judicial intervention.
[01:39:06.720 --> 01:39:11.720] I cost you $95 to get a judge assigned to UK.
[01:39:11.720 --> 01:39:16.720] And all of these, I wasn't even aware of that.
[01:39:16.720 --> 01:39:17.720] Wait, wait.
[01:39:17.720 --> 01:39:18.720] Stop.
[01:39:18.720 --> 01:39:22.720] The request for judicial intervention.
[01:39:22.720 --> 01:39:24.720] What does that mean?
[01:39:24.720 --> 01:39:26.720] That sounds interesting.
[01:39:26.720 --> 01:39:33.720] Well, I actually called you about it probably, I don't know, close to a year ago, less than a year ago.
[01:39:33.720 --> 01:39:38.720] Somebody had asked, they weren't sure if they had a judge on the case or not.
[01:39:38.720 --> 01:39:49.720] So when I had my death case from State Hospital, University Hospital, a friend of mine suggested that I stick a motion in with my answer.
[01:39:49.720 --> 01:39:52.720] And when I went up to hand it in, I hit just the clock.
[01:39:52.720 --> 01:39:54.720] It's just about one hour.
[01:39:54.720 --> 01:40:02.720] And I went up to hand it in and the person, the clerk in the record said, oh, you can't put a motion in there.
[01:40:02.720 --> 01:40:10.720] I said, what do you mean? She goes, you can't include a motion. You have to file a request for judicial intervention, an RJI, it's called.
[01:40:10.720 --> 01:40:12.720] And then you put your motion in there.
[01:40:12.720 --> 01:40:18.720] You have to get a judge assigned to your case before you can start making motions.
[01:40:18.720 --> 01:40:21.720] $95.
[01:40:21.720 --> 01:40:25.720] At the time, this was 2013.
[01:40:25.720 --> 01:40:26.720] Okay.
[01:40:26.720 --> 01:40:29.720] I'm not sure what that means.
[01:40:29.720 --> 01:40:38.720] Apparently you don't have a judge on a case when you have, for example, I was set upon a civil recovery for a hospital death.
[01:40:38.720 --> 01:40:40.720] Yeah.
[01:40:40.720 --> 01:40:44.720] And I had done the whole thing without actually going to court.
[01:40:44.720 --> 01:40:52.720] They had threatened to summary judgment on me because I kept, I was giving them a hard time about various things.
[01:40:52.720 --> 01:40:55.720] And I was recording all of this at the same time.
[01:40:55.720 --> 01:41:02.720] But when it came time to hand the answer in, you cannot put a motion in with your answer.
[01:41:02.720 --> 01:41:06.720] And apparently you can do that in some states because you're a friend of mine.
[01:41:06.720 --> 01:41:08.720] Yes, in Texas you can.
[01:41:08.720 --> 01:41:11.720] Well, apparently in New York you can.
[01:41:11.720 --> 01:41:14.720] You have to have a judge assigned to your case.
[01:41:14.720 --> 01:41:15.720] Okay.
[01:41:15.720 --> 01:41:24.720] In most, in every state I've ever been to, when an original petition is filed with the court,
[01:41:24.720 --> 01:41:26.720] a judge is assigned to the case.
[01:41:26.720 --> 01:41:29.720] Apparently that's not the way it works in New York.
[01:41:29.720 --> 01:41:38.720] Maybe it's because it's a death case, a civil, maybe death with civil cases are treated differently from criminals.
[01:41:38.720 --> 01:41:40.720] It's possible.
[01:41:40.720 --> 01:41:44.720] I've never heard of this in New York before.
[01:41:44.720 --> 01:41:48.720] You have to pay to have a judge assigned to the case.
[01:41:48.720 --> 01:41:56.720] Apparently it's called RJI Request for Judicial Intervention.
[01:41:56.720 --> 01:41:58.720] And it sounds like something unusual.
[01:41:58.720 --> 01:42:06.720] A petition, an original petition with the court, is a request for judicial intervention.
[01:42:06.720 --> 01:42:08.720] Yeah, I never even heard the term before.
[01:42:08.720 --> 01:42:24.720] And I had, this had been going on, when I originally demanded the verified complaint they had given, they had offered me three months extension to the answer, time to answer, which was also a surprise to me.
[01:42:24.720 --> 01:42:25.720] It was a stipulation.
[01:42:25.720 --> 01:42:28.720] They never even reported it to the court.
[01:42:28.720 --> 01:42:40.720] And during that time, when I filled out the, I finally got my ducks in a row and I filled out an answer to the charges against me.
[01:42:40.720 --> 01:42:56.720] I find them, I mean, in the answer itself, there is a line that says, and therefore we request dismissal or something like that are based on, you know, the answer we were, we asked for dismissal.
[01:42:56.720 --> 01:43:01.720] And I added the words in with prejudice, which wasn't in the answer form.
[01:43:01.720 --> 01:43:03.720] I just thought it would be a good thing to ask for.
[01:43:03.720 --> 01:43:08.720] And they took that, but they said I couldn't put a motion in with the answer.
[01:43:08.720 --> 01:43:18.720] So apparently the only built-in motion they have is to request dismissal based on your answer from the defense.
[01:43:18.720 --> 01:43:26.720] Okay, I'm still not sure how this works because I have helped people with a couple of cases in New York.
[01:43:26.720 --> 01:43:30.720] One, it took all the way to the U.S. Supreme.
[01:43:30.720 --> 01:43:32.720] It started in the state court.
[01:43:32.720 --> 01:43:36.720] They've never heard of a request for judicial intervention.
[01:43:36.720 --> 01:43:38.720] What was the nature of the case?
[01:43:38.720 --> 01:43:40.720] For closure.
[01:43:40.720 --> 01:43:42.720] Okay.
[01:43:42.720 --> 01:43:49.720] The bank filed, New York is a judicial state, so the bank filed a petition.
[01:43:49.720 --> 01:43:53.720] The clerk appointed a judge.
[01:43:53.720 --> 01:44:13.720] We filed an answer and it went just like every other state I've ever done.
[01:44:13.720 --> 01:44:23.720] I'm still not sure how this works.
[01:44:23.720 --> 01:44:33.720] I'm still not sure how this works.
[01:44:33.720 --> 01:45:01.720] I'm still not sure how this works.
[01:45:01.720 --> 01:45:11.720] It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas Gun Works.
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[01:46:25.720 --> 01:46:48.720] Okay, we are back.
[01:46:48.720 --> 01:46:54.720] Randy Kelton with La Radio and we're talking to Ken in New York.
[01:46:54.720 --> 01:46:56.720] Okay, Ken, go ahead.
[01:46:56.720 --> 01:46:58.720] Yes.
[01:46:58.720 --> 01:47:06.720] Well, the form exists and that's what I was told when I turned my answer in that if I wanted to add a motion,
[01:47:06.720 --> 01:47:10.720] we had some ideas for motions that we wanted to put in.
[01:47:10.720 --> 01:47:16.720] And they said that we had to file an RJI.
[01:47:16.720 --> 01:47:19.720] I have a form here somewhere in my folder.
[01:47:19.720 --> 01:47:26.720] Actually, I called you about it in response to somebody that called from New York and they said they weren't sure whether they had a judge or not.
[01:47:26.720 --> 01:47:34.720] And that might have been the reason and that was back in 2017, somewhere around August to September.
[01:47:34.720 --> 01:47:38.720] The problem with that is I've slept since then.
[01:47:38.720 --> 01:47:40.720] Yeah, I know.
[01:47:40.720 --> 01:47:46.720] One of the good things about getting old is you get to wake up in a new world every day.
[01:47:46.720 --> 01:47:48.720] I know.
[01:47:48.720 --> 01:47:59.720] Okay, I pulled up a document request for judicial intervention in the complete caption case caption.
[01:47:59.720 --> 01:48:05.720] It doesn't say why you would want to use this form.
[01:48:05.720 --> 01:48:09.720] So they can make money on you.
[01:48:09.720 --> 01:48:20.720] RJI, okay, Supreme Court cases are not assigned to a judge until one of the parties files a request for judicial intervention.
[01:48:20.720 --> 01:48:35.720] Oh, from, okay, Supreme Court in unlike all the other states where the Supreme Court is a high court in New York, the Supreme Court's the lowest court.
[01:48:35.720 --> 01:48:45.720] Supreme Court cases are not assigned to a judge until one of the parties files a request for judicial intervention.
[01:48:45.720 --> 01:48:51.720] It files a judicial intervention form and pays the filing fee.
[01:48:51.720 --> 01:49:10.720] There's no RJI fee for a name change and RJI needs to be filed the first time one side needs a judge to do something in the case like decide a motion or order to show cause.
[01:49:10.720 --> 01:49:13.720] Well, that is interesting.
[01:49:13.720 --> 01:49:31.720] Well, if I can, what I would add is that since I was on the receiving end and I really didn't want to go to court, of course, I was trying to solve this without, you know, the other side threatened summary judgment against me when they saw my answer.
[01:49:31.720 --> 01:49:33.720] They really didn't like it.
[01:49:33.720 --> 01:49:43.720] They didn't like it with the guidelines. I didn't use the law. I used the interpreted guidelines for the hospital to the university hospital system.
[01:49:43.720 --> 01:49:51.720] And I put all 15 pages into the records. I walked into the exhibits and they said, after they threatened me, I just waited.
[01:49:51.720 --> 01:49:58.720] I called the pro se clerk and I said, who's court is the ball in right now? And he said, well, it's in there. You don't have to do anything.
[01:49:58.720 --> 01:50:06.720] I was there for seven months. And then they offered me the stipulation that this continuum prejudice. They never, I kept calling the calendar.
[01:50:06.720 --> 01:50:13.720] I made friends with one of the people and I used to call them every week and I said, does anybody schedule the case? And he said, no, but they never did it.
[01:50:13.720 --> 01:50:21.720] I was waiting for them. I don't know. They were waiting for me. Who knows? They don't pay the fees though. They get them waived.
[01:50:21.720 --> 01:50:34.720] Well, that's interesting that they filed an action and then didn't pursue it. Maybe they felt like your answer would have been hard to overcome.
[01:50:34.720 --> 01:50:44.720] Oh, it's the one, it's the kind that they didn't want to get in front of a court. And that's the reason why is because they violated every guideline that's supposed to obey.
[01:50:44.720 --> 01:50:54.720] Guidelines for hospitals are the law. I was followed by the Chief Counsel of Department of Health in New York State.
[01:50:54.720 --> 01:51:11.720] Oh, well, so, okay, that kind of explains why they didn't spend the $85 to get a judge because once they saw the position you took, then they didn't want to have to deal with it.
[01:51:11.720 --> 01:51:33.720] So that may explain that part, but I had never heard of that. I suspect the reason I've never heard of it is because for the most part, you know, I've dealt with cases where banks have filed actions and they almost certainly pay the RJIC when they filed a case
[01:51:33.720 --> 01:51:49.720] and they get a judge order right away and it does become an issue. Right. Because they would never mention it, but in the case of the states, and so with civil, by the way, the other thing I wanted to mention is that state debts, anything to do with a state agency,
[01:51:49.720 --> 01:52:05.720] at least as far as the university system, the education, you know, the university hospital system, which are like the biggest hospitals in the state of New York, they do not use the collection agency. They use Civil Recovery Division of the Attorney General.
[01:52:05.720 --> 01:52:21.720] So that's who ended up not wanting to play with me anymore. It's all though it took them seven months. I couldn't understand that part. I thought it was 20 days to go back and forth, but apparently, you know, everybody bends the rules.
[01:52:21.720 --> 01:52:27.720] That's, the rules are there to be bent and broken and ignored.
[01:52:27.720 --> 01:52:41.720] This is one of the things I talk about in the ebook is you'll never win your case simply because you have the law and the facts on your side.
[01:52:41.720 --> 01:52:53.720] By the way, I bought three of them already and I told Eddie the last time I bought one when I was talking on my show and I said it was part of my outreach program.
[01:52:53.720 --> 01:53:05.720] Well, good. I were about, we're about to make some big changes. I'm in the process of getting my electronic lawyer financed.
[01:53:05.720 --> 01:53:15.720] And once I get that done, they will build all these tools. And while they'll be useful to the lawyer, they'll be even more useful to the proceeds.
[01:53:15.720 --> 01:53:24.720] Because the proceeds can come into court with all the law instead of just what law they can find.
[01:53:24.720 --> 01:53:39.720] Well, you know, debt problems can be crushing. And the way this thing was structured, it's really not, there really isn't a lot about how to fight debt in terms of a prosa.
[01:53:39.720 --> 01:53:46.720] And the kind of abuse that I suffered is still going on today. It's called hospital finance aid law.
[01:53:46.720 --> 01:53:54.720] And what they do is the hospitals get you to apply for hospital finance aid. They won't take Obamacare.
[01:53:54.720 --> 01:53:59.720] State of New York will not participate in its own health care exchange when it comes to state hospitals.
[01:53:59.720 --> 01:54:03.720] So what they do is they get you to sign up for that and they get you to sign up for Medicaid.
[01:54:03.720 --> 01:54:07.720] Medicaid's the payer last resort. This was when I was out of work, by the way.
[01:54:07.720 --> 01:54:12.720] And when you're out of work, you have to cut off your unemployment insurance before you go into the hospital.
[01:54:12.720 --> 01:54:17.720] Otherwise, you've got a felony on hand. So I did all of that.
[01:54:17.720 --> 01:54:24.720] Unfortunately, I had enough money to carry me in the bank. You're allowed to keep up to $15,000 now in the bank.
[01:54:24.720 --> 01:54:26.720] And if I didn't have that, I would have lost my house.
[01:54:26.720 --> 01:54:33.720] Now, they specifically ordered in the guidelines not to do anything that would cause you to lose your house.
[01:54:33.720 --> 01:54:41.720] And what they came after me for would have done that.
[01:54:41.720 --> 01:54:45.720] Okay. And that's the argument that you made.
[01:54:45.720 --> 01:54:49.720] Okay. The hospital finance aid law.
[01:54:49.720 --> 01:54:58.720] HFAL. And they don't actually publish the law as Public Law 2807-K. There's a whole series of these laws.
[01:54:58.720 --> 01:55:05.720] And what you find out is that hospital finance aid law is a $400 to $600 million pool in New York.
[01:55:05.720 --> 01:55:13.720] And you'd once joked with me about using a quiet TAM against them or, you know, a false claims act.
[01:55:13.720 --> 01:55:16.720] I heard from three lawyers that you can't do that.
[01:55:16.720 --> 01:55:21.720] A state agency cannot be accused of screwing the state.
[01:55:21.720 --> 01:55:29.720] Yes.
[01:55:29.720 --> 01:55:39.720] Yes. I've come across that where a state agency can't be charged with defrauding another state agency.
[01:55:39.720 --> 01:55:45.720] I'm going to want to know more about this hospital finance aid law.
[01:55:45.720 --> 01:55:53.720] But once I get my funding and I start putting together all of these questionnaires and all these codes,
[01:55:53.720 --> 01:56:03.720] we're literally constructing a legal neural net.
[01:56:03.720 --> 01:56:14.720] I'm working out how to explain this, but it's going to look like the way the brain actually does what it does.
[01:56:14.720 --> 01:56:17.720] Everything is connected to everything.
[01:56:17.720 --> 01:56:22.720] And I spoke yesterday about a distributed web.
[01:56:22.720 --> 01:56:28.720] And I'm proposing and putting together some proposals about a distributed web.
[01:56:28.720 --> 01:56:36.720] And I'm asserting that the way they're thinking of and designing a distributed web is wrongheaded.
[01:56:36.720 --> 01:56:50.720] This is the point that a distributed web, they think of a distributed web as just a dispersed network of links and it's no such thing.
[01:56:50.720 --> 01:56:55.720] The way to think of a distributed web is more like a swarm.
[01:56:55.720 --> 01:56:57.720] And I call this a swarm matrix.
[01:56:57.720 --> 01:57:02.720] All of this information is interconnected one with the other.
[01:57:02.720 --> 01:57:08.720] It's not just a conglomeration of stuff thrown out there with links to it.
[01:57:08.720 --> 01:57:10.720] There is order to it.
[01:57:10.720 --> 01:57:13.720] And we're developing this.
[01:57:13.720 --> 01:57:21.720] It turns out that the tool we're actually developing looks like a distributed network.
[01:57:21.720 --> 01:57:31.720] So for what's coming in our future, this tool is uniquely designed to work with the newest technology.
[01:57:31.720 --> 01:57:34.720] We will change everything.
[01:57:34.720 --> 01:57:40.720] When I first started working with this, I was just trying to find local remedy.
[01:57:40.720 --> 01:57:54.720] But it has morphed into something that may well change the entire legal system when the pro se who knows nothing about law can come to the court with all of the law.
[01:57:54.720 --> 01:58:03.720] He has the same standing as a lawyer because all the lawyer can do is come with all of the law.
[01:58:03.720 --> 01:58:11.720] And we will level the playing field and most of the problems we're having will just kind of disappear on their own.
[01:58:11.720 --> 01:58:12.720] I am sorry.
[01:58:12.720 --> 01:58:14.720] We are out of time.
[01:58:14.720 --> 01:58:16.720] Thank you all for listening.
[01:58:16.720 --> 01:58:23.720] Randy Kelton, we'll be back next week with.
[01:58:23.720 --> 01:58:31.720] Thursday and Friday and make sure you check out to Eddie Craig on Mondays on his traffic show.
[01:58:31.720 --> 01:58:39.720] And I'm going to be talking about Eddie talking to Eddie about providing him with some software to make all of these things work better.
[01:58:39.720 --> 01:58:44.720] So make sure you listen and go donate to Randy's beer fun.
[01:58:44.720 --> 01:58:49.720] Thank you for listening and good night.
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