ROL_2018-11-09_16k_Hr3-4.timecode
[00:00.000 --> 00:05.960] The following news flash has brought to you by The Lowest Star Lowdown, providing your
[00:05.960 --> 00:13.240] deli bulletins for the commodity market, Today in History, News Updates, and the Inside
[00:13.240 --> 00:16.680] Scoop into the tides of the alternative.
[00:16.680 --> 00:23.360] Markets for Thursday, the 8th of November, 2018 opened with precious metals gold at $1,224.44,
[00:23.360 --> 00:36.160] silver $14.45, platinum $875.80, palladium $1,138.55, rhodium $2,440, copper $2.72,
[00:36.160 --> 00:49.120] oil, texas crude $61.67, Brent crude $72.07, crypto is bitcoin $6,497.71, ethereum $214.53,
[00:49.120 --> 01:00.640] xrp $0.51, bitcoin cash $592.53, eos $5.57, stellar $0.25, and litecoin $53.49 of crypto
[01:00.640 --> 01:06.640] coin.
[01:06.640 --> 01:12.840] Today in History, the year 2002 UN Security Council Resolution 1441 is approved, forcing
[01:12.840 --> 01:21.640] Saddam Hussein to disarm or face serious consequences.
[01:21.640 --> 01:26.560] In recent news, a fine arts teacher at Wesendorf Middle School in Rosenberg, Texas apparently
[01:26.560 --> 01:29.000] attempted suicide in his classroom during school hours.
[01:29.000 --> 01:32.000] He was found unconscious by another staff member.
[01:32.000 --> 01:33.920] He later died at a local hospital.
[01:33.920 --> 01:38.000] The principal of the school, Sonia Sanza, assured parents in an email that medical personnel
[01:38.000 --> 01:41.720] responded before any students were exposed to the scene and that the students were unaware
[01:41.720 --> 01:43.840] of the emergency altogether.
[01:43.840 --> 01:46.880] Investigators did determine his death to be a suicide, though they refused to expound
[01:46.880 --> 01:49.040] on the exact details.
[01:49.040 --> 01:53.440] Principal Sanza did assure parents, however, that weapons were not on campus and that students
[01:53.440 --> 02:00.600] weren't in any danger.
[02:00.600 --> 02:05.640] A Texas judge gave the society for the prevention of cruelty to animals custody of 110 animals,
[02:05.640 --> 02:11.440] 39 puppies, 35 adult dogs, 24 cats, 11 kittens and a horse for being abused and neglected
[02:11.440 --> 02:16.560] by their owners in Canton, Texas, ruling that over $31,000 is to be paid by the owners to
[02:16.560 --> 02:21.280] cover the cost of the investigation, expert witnesses, and housing and care for the animals
[02:21.280 --> 02:23.440] from the time of seizure until the hearing.
[02:23.440 --> 02:27.240] The owners were arrested at the scene for child endangerment and animal cruelty and were
[02:27.240 --> 02:30.680] booked into the Van Zandt County Jail.
[02:30.680 --> 02:38.320] 13 people were killed at the borderline bar and grill in Thousand Oaks, California, making
[02:38.320 --> 02:42.640] it the deadliest mass shooting in the United States since 17 classmates and teachers were
[02:42.640 --> 02:46.040] gunned down at the Parkland Florida School nine months ago.
[02:46.040 --> 02:49.480] President Trump tweeted that he had been fully briefed on the terrible shooting and
[02:49.480 --> 02:54.440] God bless all the victims and families of the victim.
[02:54.440 --> 03:19.720] This is Rick Rody with your lowdown for November 8th, 2018.
[03:19.720 --> 03:27.160] Okay, we are back, Randy Kelton, Rule of Law Radio on this Friday, the ninth day of November
[03:27.160 --> 03:31.040] 2018, and we're talking to Eric in Georgia.
[03:31.040 --> 03:38.520] Okay, Eric, my traffic site has a lot of documentation on it, but a number of those documents are
[03:38.520 --> 03:42.280] written specifically for Texas law.
[03:42.280 --> 03:48.600] But a few of them aren't, for instance, the preliminary hearing, speedy trial, mother
[03:48.600 --> 03:54.360] humbred motion, Brady motion, actually the discovery motion has a lot of Texas stuff
[03:54.360 --> 03:55.360] in it.
[03:55.360 --> 04:01.080] I haven't had time to get back in and reset all those for Georgia law.
[04:01.080 --> 04:05.360] Have you researched traffic law in Georgia?
[04:05.360 --> 04:06.520] Yes, sir.
[04:06.520 --> 04:15.800] To a certain extent, what part, like you come out for, using licenses and a little bail?
[04:15.800 --> 04:22.320] Well, for, the first thing I always want to go to is authority to arrest.
[04:22.320 --> 04:30.320] As I understand, the statutes in Georgia authorize any peace officer to enforce the
[04:30.320 --> 04:31.320] traffic code.
[04:31.320 --> 04:40.920] A lot of states don't have that, Tennessee doesn't, Illinois doesn't, Texas definitely
[04:40.920 --> 04:44.440] doesn't.
[04:44.440 --> 04:51.920] What about, have you researched how the license actually works?
[04:51.920 --> 04:56.080] And let me explain why I asked that question that way.
[04:56.080 --> 05:04.240] In Tennessee, they have, I think it's O'Connor or O'Connor, I forget the name of that case,
[05:04.240 --> 05:14.400] but it says that the state of Tennessee has a vested interest in the safety of the public.
[05:14.400 --> 05:21.640] And because of that, they can require that an individual, before operating a motorized
[05:21.640 --> 05:30.960] conveyance on the highways, demonstrate competence and knowledge of the traffic laws.
[05:30.960 --> 05:36.400] And they do that by securing a license.
[05:36.400 --> 05:44.680] But for that, they can require you get a license for that limited purpose.
[05:44.680 --> 05:52.760] It does not necessarily imply that you are always operating in commerce.
[05:52.760 --> 05:55.000] It's like a gun license.
[05:55.000 --> 06:02.480] You get a gun license to, in order to get the license, you have to demonstrate competence
[06:02.480 --> 06:05.000] and knowledge of the relevant laws.
[06:05.000 --> 06:09.320] A driver's license in Tennessee is the same way.
[06:09.320 --> 06:18.040] So but the police, if they see you driving, see you operating or traveling, and you have
[06:18.040 --> 06:29.920] a commercial license on your automobile, and they check your, the registration and find
[06:29.920 --> 06:38.400] that you have, you're the owner and you have a commercial driver's license, they essentially
[06:38.400 --> 06:45.240] have reason to believe that you're in commerce, sufficient to give them cause to pull you
[06:45.240 --> 06:46.240] over.
[06:46.240 --> 06:47.240] Yes, sir.
[06:47.240 --> 06:53.640] Beyond that, what does the law say in Georgia about commerce?
[06:53.640 --> 07:03.360] That I do not know, I looked at the motor vehicle, I've been looking into the OCGA,
[07:03.360 --> 07:08.680] and they believe that, I think the way they say it, the way it's understood, as I understand
[07:08.680 --> 07:15.120] it, is that all drivers, all people who are usually operating in motor vehicles are considered
[07:15.120 --> 07:20.840] in, or are considered in commerce, that's how they're doing it.
[07:20.840 --> 07:25.400] Okay, that's a presumption.
[07:25.400 --> 07:35.240] But once the, and that's a presumption for the purpose of probable cause to stop under
[07:35.240 --> 07:37.960] the commercial authority.
[07:37.960 --> 07:44.280] But because people can operate in a manner that is not in commerce, once they make the
[07:44.280 --> 07:53.120] stop, then there would have to be some evidence to indicate that you fell within the statutory
[07:53.120 --> 07:54.120] scheme.
[07:54.120 --> 08:00.680] Well, per se, one of my license, I guess, would be the first thing right.
[08:00.680 --> 08:10.520] The license indicates that you are, you have taken steps to set yourself up so that you
[08:10.520 --> 08:17.360] can operate in commerce, and because when you sign up for a license, you agree to produce
[08:17.360 --> 08:26.920] that license on demand, so a policeman, if he sees a horse and buggy, and it doesn't
[08:26.920 --> 08:37.080] have a license on it, then he has no reason to believe that that conveyance is in commerce.
[08:37.080 --> 08:45.120] But if he sees an automobile, and it has a commercial license attached to it, now he
[08:45.120 --> 08:53.800] can have reasonable probable cause to believe that the vehicle could be in commerce, sufficient
[08:53.800 --> 08:58.600] that he could stop to check further.
[08:58.600 --> 09:03.600] Just because it could be in commerce does not mean it is in commerce.
[09:03.600 --> 09:11.760] So once he makes the stop based on the displayed commercial license, and he requests a license
[09:11.760 --> 09:18.600] from you, and if you have one, you've agreed to give it to him, so you give it to him.
[09:18.600 --> 09:23.800] Now he knows you can operate in commerce, now he has to demonstrate that you are.
[09:23.800 --> 09:29.560] Well, I didn't have a logbook, you know, do tell him a thing, that it wasn't carrying
[09:29.560 --> 09:35.600] a load or a trailer, so I don't know what presumption he would go on, I might be missing
[09:35.600 --> 09:36.600] something.
[09:36.600 --> 09:46.880] So, motion to dismiss for the complaint is insufficient on its face, because it does
[09:46.880 --> 09:55.240] not include evidence to establish commerce, to establish that you fall within the commercial
[09:55.240 --> 09:57.240] statutory scheme.
[09:57.240 --> 10:08.560] That's interesting, because the legislature could have passed laws that made the traffic
[10:08.560 --> 10:21.480] laws applicable to everyone, but they didn't, and it's my opinion the reason they didn't
[10:21.480 --> 10:28.360] is because for the most part these traffic laws were enacted in force after World War
[10:28.360 --> 10:36.000] II, at a time when automobiles were only 40 or 50 years old, and they were just beginning
[10:36.000 --> 10:41.920] to come into their own and become readily available to the public, and the public was
[10:41.920 --> 10:49.320] really enjoying being able to run around in these high-powered motorcars, and we just
[10:49.320 --> 10:56.080] got out of a war fighting for our rights, we were not going to tolerate a complete set
[10:56.080 --> 11:01.920] of code being enacted to restrict us in our rights.
[11:01.920 --> 11:09.080] So they only passed the code to address commercial drivers, because they were the ones causing
[11:09.080 --> 11:12.800] most of the damage on the road with all these big trucks, and these trucks weren't well
[11:12.800 --> 11:19.400] designed, and they were slaughtering people, and Harry Truman was real upset about that,
[11:19.400 --> 11:25.320] and got all these passed, but could only do it in commerce because the public would not
[11:25.320 --> 11:27.200] have tolerated it.
[11:27.200 --> 11:38.560] So now their laws were passed for commerce, but the locals extended that commercial application
[11:38.560 --> 11:41.760] to everybody.
[11:41.760 --> 11:47.480] So I always want to go to jurisdiction first.
[11:47.480 --> 11:57.600] Don't go to the merits until we pass jurisdiction, and in order to get jurisdiction, the complaint
[11:57.600 --> 12:05.360] must be sufficient in that it must allege all elements of the offense, one of which
[12:05.360 --> 12:12.600] is that you fall within the statutory scheme in the first place.
[12:12.600 --> 12:13.600] Have you argued that one?
[12:13.600 --> 12:14.600] No, sir.
[12:14.600 --> 12:15.600] I've never argued anything like that.
[12:15.600 --> 12:24.600] Like I said, I've been listening for a while, but this is all very new to me on this.
[12:24.600 --> 12:25.600] Okay.
[12:25.600 --> 12:33.240] Go to trafficticket.website and just put in some junk, anything in the fields, just so
[12:33.240 --> 12:36.600] there's something in each field, because I got to see something in there, otherwise
[12:36.600 --> 12:38.520] it won't submit.
[12:38.520 --> 12:44.040] And then hit the submit button, it'll take you to a page, download all those documents,
[12:44.040 --> 12:46.960] and then go through them.
[12:46.960 --> 12:49.280] They will give you a bunch of interesting arguments.
[12:49.280 --> 12:55.200] Some of them are very specific to Texas, like the subject manager restriction challenge.
[12:55.200 --> 13:06.640] This is specific to Texas, but of the special appearance, the preliminary hearing motion
[13:06.640 --> 13:13.680] is relevant to every state, because under Gerstein Pew, the Fed said that every state
[13:13.680 --> 13:17.160] must provide a preliminary hearing.
[13:17.160 --> 13:22.640] They didn't stipulate how they were to do it, but they stipulated the requirements
[13:22.640 --> 13:23.640] of it.
[13:23.640 --> 13:24.640] So that one's valid.
[13:24.640 --> 13:26.520] There's a number of them that are valid.
[13:26.520 --> 13:29.960] You'll have an unlimited motion in there.
[13:29.960 --> 13:35.120] Most people have never seen one of those, and unlimited motion goes to all the questions
[13:35.120 --> 13:38.200] they can't ask.
[13:38.200 --> 13:43.600] It'll give you a good idea of all of the front-end motions you should file, and most likely if
[13:43.600 --> 13:52.200] you file those, the ones that are appropriate to every state, the calls just blow off.
[13:52.200 --> 14:02.160] Then you get the file, then you get to take an issue on, totally separate from traffic.
[14:02.160 --> 14:05.720] Your right to do process.
[14:05.720 --> 14:09.880] When you file a motion in the court, you have a right for that to be heard, and the judge
[14:09.880 --> 14:15.000] has a duty to properly apply the law to the facts.
[14:15.000 --> 14:20.000] If he fails to do so, he denies you're in due process, and that's a whole different
[14:20.000 --> 14:27.560] issue, but I guess that's presuming what you want to do.
[14:27.560 --> 14:33.880] Do you want to just make these go away, or do you want to use this as an opportunity
[14:33.880 --> 14:34.880] to exercise the system?
[14:34.880 --> 14:41.760] I was about to try to, actually, I wish I could be both to learn and to exercise the
[14:41.760 --> 14:42.760] system.
[14:42.760 --> 14:48.240] I mean, I think doing the due process thing would probably be like baby steps, wouldn't
[14:48.240 --> 14:49.240] it?
[14:49.240 --> 14:52.720] Yeah, yeah, that's the first step to take.
[14:52.720 --> 14:56.080] I was in Highland Park, Texas.
[14:56.080 --> 15:01.480] The prosecutor called me up, and I said, no, no, no, I'm not here to talk to the persecuting
[15:01.480 --> 15:02.480] attorneys.
[15:02.480 --> 15:03.480] I don't talk to persecuting attorneys.
[15:03.480 --> 15:08.920] I need to talk to the judge, and he said, oh, okay, and the judge called me up and asked
[15:08.920 --> 15:09.920] me how I play.
[15:09.920 --> 15:13.360] I said, oh, judge, I'm not here to have an arraignment.
[15:13.360 --> 15:15.480] I'm here for an examining trial.
[15:15.480 --> 15:20.200] Well, Mr. Kelton, you don't have a right to an examining trial in a misdemeanor case.
[15:20.200 --> 15:21.200] I said, so why?
[15:21.200 --> 15:24.200] Well, is that got to do with anything?
[15:24.200 --> 15:28.400] Well, Mr. Kelton, if you don't have a right to an examining trial, I can't hold an examining
[15:28.400 --> 15:29.400] trial.
[15:29.400 --> 15:32.240] I said, oh, your honor, I don't have a right to be handcuffed.
[15:32.240 --> 15:37.040] I don't have a right to be stuffed in the back of an honor of a police car.
[15:37.040 --> 15:41.400] I don't have a right to be arrested.
[15:41.400 --> 15:45.320] But the law commands your officers to do certain things.
[15:45.320 --> 15:49.880] And in Chapter 14, Texas Code of Criminal Procedure, command your officers when they
[15:49.880 --> 15:57.760] make an arrest for an on-site offense to take the person arrested directly to the nearest
[15:57.760 --> 15:58.760] magistrate.
[15:58.760 --> 16:09.920] None of the transportation code, 543.002, also requires an officer if he makes a traffic
[16:09.920 --> 16:13.920] arrest to take the person directly to the nearest magistrate.
[16:13.920 --> 16:19.960] And the magistrate is required to hold an examining trial in Chapter 16.
[16:19.960 --> 16:24.560] That's the statutory commandment on your part and statutory commandments on your part amount
[16:24.560 --> 16:27.320] to due process.
[16:27.320 --> 16:30.800] And that's something I do have a right to.
[16:30.800 --> 16:39.200] And he sat back in his chair, and when the hearing was over, he told me that he was a
[16:39.200 --> 16:44.960] criminal defense lawyer, and he's been trying to get judges to give up his client's examining
[16:44.960 --> 16:45.960] trials.
[16:45.960 --> 16:48.200] And he could use this argument in his practice.
[16:48.200 --> 16:49.200] Hang on.
[16:49.200 --> 16:50.200] About to go to work.
[16:50.200 --> 17:04.200] Randy Kelton, Wheel of Our Radio, we'll be right back.
[17:04.200 --> 17:30.200] We'll be right back.
[17:30.200 --> 17:59.200] We'll be right back.
[18:00.200 --> 18:26.200] We'll be right back.
[18:26.200 --> 18:52.200] We'll be right back.
[18:52.200 --> 19:21.200] We'll be right back.
[19:21.200 --> 19:25.200] Okay, we are back.
[19:25.200 --> 19:31.200] Randy Kelton, Wheel of Our Radio, and we're talking to Eric in Georgia.
[19:31.200 --> 19:42.200] Okay, Eric, one thing I would like you to do is if you're studying traffic law in Georgia,
[19:42.200 --> 19:47.200] look at the best arguments you can find and write up documents for that and send them
[19:47.200 --> 19:52.200] to me, and I will code them into that traffic site.
[19:52.200 --> 19:54.200] I was doing my best.
[19:54.200 --> 19:58.200] I have data that is adopted before from the traffic website.
[19:58.200 --> 20:05.200] If I go through, you have the argument for each state.
[20:05.200 --> 20:09.200] What if I took out the Texas law and put in the Georgia law?
[20:09.200 --> 20:12.200] That's exactly what I would like you to do.
[20:12.200 --> 20:13.200] Okay.
[20:13.200 --> 20:15.200] Okay, I'll do that then.
[20:15.200 --> 20:18.200] I can find the Georgia law on that and put it in there.
[20:18.200 --> 20:27.200] If you do that, then I will code those in and then we will have good law for Georgia.
[20:27.200 --> 20:35.200] And then as you develop remedy, and if you're fighting these guys because you want to learn
[20:35.200 --> 20:40.200] and experience the system, you will find remedy.
[20:40.200 --> 20:45.200] And now we've got lots of remedy already defined.
[20:45.200 --> 20:52.200] All you'll have to do is go look in your state law for this remedy and give you an idea.
[20:52.200 --> 20:58.200] That ticket site only has the first step.
[20:58.200 --> 21:04.200] I have most of the second step ready, and it is very large.
[21:04.200 --> 21:13.200] But I haven't launched it yet because when we do, the state of Texas is going to get
[21:13.200 --> 21:17.200] really, really unhappy.
[21:17.200 --> 21:24.200] Right now, these judges don't really realize what those documents are actually about.
[21:24.200 --> 21:30.200] If you're in Texas, we'll download you about 150 pages of documents.
[21:30.200 --> 21:37.200] You file those with the court, and the court's going to get all that stuff and say,
[21:37.200 --> 21:44.200] oh, there's a bunch of hogwash, and they're just going to deny all of it.
[21:44.200 --> 21:47.200] At least that's what we hope they do.
[21:47.200 --> 21:52.200] Because behind that, we have remedy.
[21:52.200 --> 21:57.200] We have Jo-Him v. Chambers.
[21:57.200 --> 22:03.200] A judge has no discretion in properly applying the law to the facts failure to do so,
[22:03.200 --> 22:05.200] and I'm paraphrasing here.
[22:05.200 --> 22:10.200] Failure to do so is a breach of due process.
[22:10.200 --> 22:14.200] Breach of due process has the effect of denying a citizen,
[22:14.200 --> 22:16.200] because that's all the law.
[22:16.200 --> 22:18.200] This is my assessment.
[22:18.200 --> 22:22.200] Breach of due process, if a judge denies you in due process,
[22:22.200 --> 22:27.200] or I'm sorry, abuses his discretion,
[22:27.200 --> 22:34.200] and in the process denies you in the form of free access to or enjoyment rights as a crime in every state.
[22:34.200 --> 22:41.200] So the real purpose of these documents is to get the judge to deny all of them.
[22:41.200 --> 22:45.200] Then we get filed against the judge.
[22:45.200 --> 22:51.200] And once I launch, I'm getting close to getting my funding.
[22:51.200 --> 22:59.200] Once I get my funding, then we build questionnaires for all of the penal code.
[22:59.200 --> 23:06.200] Once I have all of the penal code in questionnaire format, then we launch this thing.
[23:06.200 --> 23:12.200] Once we have this ticket site completely launched, you go on the site,
[23:12.200 --> 23:16.200] you download a whole stack of documents, sign them, send them.
[23:16.200 --> 23:20.200] You don't need to know anything about them.
[23:20.200 --> 23:24.200] We need somebody like you to help us build it for Georgia.
[23:24.200 --> 23:27.200] And they don't need to know the law, they don't need to know any of that.
[23:27.200 --> 23:29.200] Just sign them, send them.
[23:29.200 --> 23:33.200] You go to court, the judge will just blow you off on all of it.
[23:33.200 --> 23:41.200] You go home, you click on the site, you click on the link to first hearing.
[23:41.200 --> 23:44.200] Did they do this? Did they do this? Did they do this?
[23:44.200 --> 23:50.200] Was this all the things they do? And the remedy?
[23:50.200 --> 23:56.200] Did the court order you to court to meet with a prosecuting attorney?
[23:56.200 --> 23:58.200] Yes.
[23:58.200 --> 24:03.200] Spearing next, I mean, simulating a legal process.
[24:03.200 --> 24:08.200] Impersonating a public official.
[24:08.200 --> 24:15.200] And the next day you come back and file a whole stack of criminal complaints, bar grievances, judicial conduct complaints,
[24:15.200 --> 24:18.200] they will not believe what happens to them.
[24:18.200 --> 24:23.200] And you don't need to know anything.
[24:23.200 --> 24:27.200] Just answer the questions, just spit out the documents, you file them,
[24:27.200 --> 24:32.200] and watch them start jumping up and down.
[24:32.200 --> 24:38.200] If you can take the documents we've got there and look at what we've done,
[24:38.200 --> 24:41.200] when I have, there's not exhaustive there.
[24:41.200 --> 24:46.200] Almost certainly fine stuff I haven't addressed.
[24:46.200 --> 24:55.200] I would very much like that site to address every possible thing we can think of.
[24:55.200 --> 24:58.200] Do you guys want to play hardball?
[24:58.200 --> 25:01.200] Let's introduce them to the deep end of the pool.
[25:01.200 --> 25:09.200] One of the things to look for in Georgia, and Robert, my producer, is from Georgia.
[25:09.200 --> 25:18.200] And he found the agency that licenses or certifies peace officers.
[25:18.200 --> 25:22.200] POS, it's called POS, peace officer standards training.
[25:22.200 --> 25:24.200] Perfect.
[25:24.200 --> 25:29.200] We send a professional conduct complaint to them.
[25:29.200 --> 25:36.200] The problem they have is, I think in Georgia they said that they didn't handle officer discipline,
[25:36.200 --> 25:39.200] but they do handle officer licensee.
[25:39.200 --> 25:53.200] So you send it to them, and every agency has a bond, and every bond has a bond agent.
[25:53.200 --> 26:00.200] That bond agent is just looking for a reason to raise the bond on make more money off his client.
[26:00.200 --> 26:02.200] Got to make that premium, baby.
[26:02.200 --> 26:06.200] That'll make the officers crazy.
[26:06.200 --> 26:12.200] In the Texas one, I also have a first degree felony aggravated assault charge.
[26:12.200 --> 26:20.200] You can't get there in Georgia because you don't have the specific statute that we do in Texas.
[26:20.200 --> 26:27.200] We have a peculiar statute for that, but everything we can get at them with, we program it in.
[26:27.200 --> 26:31.200] We shut down traffic enforcement.
[26:31.200 --> 26:32.200] Yes.
[26:32.200 --> 26:35.200] What about misfeasants?
[26:35.200 --> 26:39.200] They weren't something you had to post to do?
[26:39.200 --> 26:40.200] That's malfeasants.
[26:40.200 --> 26:48.200] We have malfeasants and misfeasants that most fall under misconduct, or under official misconduct.
[26:48.200 --> 26:54.200] Malfeasants is where you exert a report to exert an authority you do not expressly have,
[26:54.200 --> 26:58.200] and misfeasants is where you fail to perform a duty you're required to perform.
[26:58.200 --> 27:05.200] Now, that's in Texas, and there was somewhere I heard a different definition of it,
[27:05.200 --> 27:09.200] a slightly different definition of those two.
[27:09.200 --> 27:14.200] But they essentially all go to official misconduct.
[27:14.200 --> 27:19.200] If a person arrests me and on the ticket it says arrest, arresting officer.
[27:19.200 --> 27:24.200] If he arrests me in Georgia, I think he's going to ask to see the judge.
[27:24.200 --> 27:25.200] You know what I mean?
[27:25.200 --> 27:26.200] If he does.
[27:26.200 --> 27:30.200] You can in Texas too, I think in most areas too.
[27:30.200 --> 27:39.200] They allow you to sign the citation and are authorized to release you on your own recognizance
[27:39.200 --> 27:40.200] based on your signature.
[27:40.200 --> 27:43.200] That's why I told people, sign the ticket.
[27:43.200 --> 27:48.200] You know, get all these guys said, oh, are you entering into a contract with them?
[27:48.200 --> 27:49.200] Yeah, you do.
[27:49.200 --> 27:58.200] And the contract says, you agree to appear on and before this date and this time.
[27:58.200 --> 28:02.200] And that is the extent of the contract.
[28:02.200 --> 28:08.200] And they want to imply that because you enter into a contract, you grant them authority
[28:08.200 --> 28:12.200] or everything, and that's just nonsense.
[28:12.200 --> 28:18.200] They don't go to jail over something stupid like not signing the ticket.
[28:18.200 --> 28:21.200] Sign the ticket.
[28:21.200 --> 28:24.200] Then go straight to the clerk.
[28:24.200 --> 28:29.200] If the ticket says on or before, go straight to the clerk.
[28:29.200 --> 28:31.200] I'm here.
[28:31.200 --> 28:38.200] We had a guy in Austin who used to talk about this, appear and disappear.
[28:38.200 --> 28:44.200] You give you a ticket and you agree to appear on or before you go straight to the clerk.
[28:44.200 --> 28:45.200] I'm here.
[28:45.200 --> 28:47.200] We don't have any records on you.
[28:47.200 --> 28:50.200] Your problem, not my problem.
[28:50.200 --> 28:52.200] I agree to appear.
[28:52.200 --> 28:54.200] I appeared and then you disappear.
[28:54.200 --> 28:59.200] But it was a flawed strategy.
[28:59.200 --> 29:05.200] They would issue a warrant anyway.
[29:05.200 --> 29:13.200] So even though you're right, it won't feel like you're right when they grab you up and throw you in jail.
[29:13.200 --> 29:15.200] So we don't suggest that.
[29:15.200 --> 29:18.200] We suggest the ones that really give them a hard time.
[29:18.200 --> 29:19.200] And go ahead.
[29:19.200 --> 29:20.200] I keep interrupting you.
[29:20.200 --> 29:21.200] That's okay.
[29:21.200 --> 29:22.200] I'm sorry.
[29:22.200 --> 29:24.200] I'm being bad mannered.
[29:24.200 --> 29:26.200] I got, there's two more questions.
[29:26.200 --> 29:29.200] And one is the last question is something about a warrant.
[29:29.200 --> 29:30.200] And I had a question about that.
[29:30.200 --> 29:35.200] I'm just saying right here, it usually, every time I ever got a ticket anywhere in the state of Georgia,
[29:35.200 --> 29:44.200] it always says that you need to appear before this date, or on this date, you know, to...
[29:44.200 --> 29:45.200] Okay, hold on.
[29:45.200 --> 29:48.200] That's exactly what I want to speak to when we come back.
[29:48.200 --> 29:51.200] Randy Kelton with our radio.
[29:51.200 --> 30:01.200] We'll be right back.
[30:22.200 --> 30:23.200] That's creepy.
[30:23.200 --> 30:52.200] That's creepy.
[30:52.200 --> 31:15.200] That's creepy.
[31:15.200 --> 31:23.200] Amazingly, this inexpensive approach is just as effective as those pricey fruit and vegetable washes, and it costs a whole lot less.
[31:23.200 --> 31:49.200] We'll be right back.
[31:49.200 --> 31:56.200] We'll be right back.
[32:19.200 --> 32:45.200] We'll be right back.
[32:45.200 --> 33:10.200] We'll be right back.
[33:10.200 --> 33:27.200] Okay, and we are back.
[33:27.200 --> 33:30.200] Randy Kelton with our radio.
[33:30.200 --> 33:33.200] And we're talking to Eric in Georgia.
[33:33.200 --> 33:35.200] Okay, go ahead, Eric.
[33:35.200 --> 33:36.200] Okay.
[33:36.200 --> 33:42.200] But it says on the citation that there's a uniform traffic citation, summons, and accusation.
[33:42.200 --> 33:52.200] In the first section, and it's called summons, it says, you are hereby to appear in court to answer charge on its left blank,
[33:52.200 --> 33:55.200] which is supposed to be the year, the time's left blank.
[33:55.200 --> 34:05.200] And then, and it says in, and it spins type in here, or somehow imposed in here after the citation was made.
[34:05.200 --> 34:11.200] Or when notified by state court at Wayne County Courthouse in the, in the gist of Georgia.
[34:11.200 --> 34:14.200] Okay, the next part says notice.
[34:14.200 --> 34:26.200] This citation shall constitute official notice to use that failure to appear in court at the date and time stated on this citation to dispose, to dispose of the site of charge against you.
[34:26.200 --> 34:33.200] You shall cause, you shall cause the designated court to forward your driver's license number to the Department of Driver Services.
[34:33.200 --> 34:38.200] But what I'm talking about right here is the part that says there's no date and time in here.
[34:38.200 --> 34:39.200] Okay.
[34:39.200 --> 34:48.200] Yeah, but it does have the condition that the court will notice you of a date and time.
[34:48.200 --> 34:49.200] Good.
[34:49.200 --> 34:50.200] Okay.
[34:50.200 --> 34:51.200] Okay.
[34:51.200 --> 34:52.200] That's perfect.
[34:52.200 --> 34:53.200] Yeah.
[34:53.200 --> 34:54.200] I've got that.
[34:54.200 --> 34:59.200] Now, I've got, I'm going to go ahead and do what you told me to about the other stuff, and I'm going to try to do my best in that regard.
[34:59.200 --> 35:06.200] And maybe I can get that situated for George and maybe help other people around here.
[35:06.200 --> 35:07.200] Wonderful.
[35:07.200 --> 35:13.200] I have one other question, and then I'm going to let you go.
[35:13.200 --> 35:23.200] A while back, I had a family member get into a little bit of trouble, and we went up to the clerk court looking for some paperwork to see what actually happened.
[35:23.200 --> 35:29.200] We were trying to figure out what had gone on.
[35:29.200 --> 35:44.200] Well, we got the warrant and everything, got a copy of the warrant, looked at it, and I don't know if it was the officer or the judge had taken a pen and marked through parts of the warrant and used their signature as, you know, initialed it.
[35:44.200 --> 35:46.200] Is that even legal?
[35:46.200 --> 35:47.200] Yes.
[35:47.200 --> 35:57.200] Whatever is handwritten on a document takes precedent over anything that's printed on a document.
[35:57.200 --> 35:58.200] Really?
[35:58.200 --> 35:59.200] Yep.
[35:59.200 --> 36:00.200] Okay.
[36:00.200 --> 36:13.200] That's so that the document, a printed document cannot be expected to be appropriate for every possible permutation of law or circumstance.
[36:13.200 --> 36:30.200] So a official or even you, if you're writing a document, say you prepare a motion and you go to file it and the clerk says, oh, well, you got the name spelled wrong here.
[36:30.200 --> 36:32.200] You've got the wrong case number on it.
[36:32.200 --> 36:40.200] You just take a pencil, scratch a pen, scratch the case number, put in the right case number and initial it.
[36:40.200 --> 36:41.200] Wow.
[36:41.200 --> 36:47.200] What you put in by hand takes precedent over what's printed on the document.
[36:47.200 --> 36:49.200] Well, that is interesting to note.
[36:49.200 --> 36:54.200] I do appreciate your time and thank you very much, and I'll give that stuff to you.
[36:54.200 --> 36:58.200] And thank you for your help and everything.
[36:58.200 --> 37:02.200] And I'll let you get somebody else because somebody else probably really needs your help a lot more than me.
[37:02.200 --> 37:03.200] Okay.
[37:03.200 --> 37:04.200] Thank you, Eric.
[37:04.200 --> 37:05.200] Okay.
[37:05.200 --> 37:10.200] Now we're going to go to Tina in California.
[37:10.200 --> 37:13.200] Hello, Tina.
[37:13.200 --> 37:14.200] Hi.
[37:14.200 --> 37:16.200] How are you?
[37:16.200 --> 37:20.200] What do you have for us today?
[37:20.200 --> 37:30.200] Well, I wanted to thank you for all the great stuff you had tonight and in the past.
[37:30.200 --> 37:46.200] I wanted to ask you about my writ of surgery to the U.S. Supreme Court, which was denied, as you know.
[37:46.200 --> 38:01.200] I have written pretty much a pleasing response to all of the U.S. Supreme Court justices, you know, telling them that, you know, they're not doing their job.
[38:01.200 --> 38:04.200] They're farming and after their law clerks.
[38:04.200 --> 38:13.200] And the American public is tired of not getting their due process right.
[38:13.200 --> 38:21.200] I've had a couple of people say, you know, if you want to get something out of them, you shouldn't blast them.
[38:21.200 --> 38:39.200] But then I've talked to some people who are extremely well educated, who had no idea that there was such a thing as the mailbox rule, which says, you know, you're deemed to have received something if it is put in the U.S. mail.
[38:39.200 --> 38:45.200] And their response was, you have got to be kidding me.
[38:45.200 --> 38:46.200] This is ludicrous.
[38:46.200 --> 38:47.200] This is outrageous.
[38:47.200 --> 38:50.200] You have got to fight this all the way to the top.
[38:50.200 --> 38:55.200] I cannot believe you're telling me this.
[38:55.200 --> 39:08.200] And my response on my letter to the Supreme Court is pretty to the point it pulls no punches.
[39:08.200 --> 39:11.200] Do you think that I'm right in doing this?
[39:11.200 --> 39:14.200] Because, as I said, I have nothing to lose.
[39:14.200 --> 39:16.200] They've already denied my writ.
[39:16.200 --> 39:24.200] They've already denied every American the right to due process and the right to guaranteed service.
[39:24.200 --> 39:26.200] Should I send it?
[39:26.200 --> 39:29.200] Should I temper it a little bit?
[39:29.200 --> 39:31.200] What are your thoughts?
[39:31.200 --> 39:40.200] Well, if the lower courts are clearly in the wrong, you definitely should send it.
[39:40.200 --> 39:50.200] With that said, for the most part, don't expect the Supreme Court to pick it up.
[39:50.200 --> 40:01.200] Generally, the only time the Supreme Court wants to pick something up is when the lower courts need direction.
[40:01.200 --> 40:16.200] When the lower courts violate something that's already been clearly defined by the Supreme, they generally don't pick those issues up.
[40:16.200 --> 40:27.200] And it is a problem because it leaves us without remedy.
[40:27.200 --> 40:32.200] Don't know how to fix it.
[40:32.200 --> 40:36.200] Other than filing criminally against these guys.
[40:36.200 --> 40:41.200] How do you file criminally against the Supreme Court justices?
[40:41.200 --> 40:47.200] No, but I have against the Supreme Court justices in Texas I have.
[40:47.200 --> 40:50.200] So this is the U.S. Supreme Court justices?
[40:50.200 --> 40:53.200] Yeah, nothing to keep you from it.
[40:53.200 --> 41:03.200] But then the U.S. Supreme Court is not required to accept a certiori.
[41:03.200 --> 41:07.200] So if they don't accept your cert, they violate no law.
[41:07.200 --> 41:10.200] No, I understand that.
[41:10.200 --> 41:18.200] So what would be your claim against the U.S. Supreme?
[41:18.200 --> 41:35.200] They have denied every American, every American the right to guarantee the service of any document that will take away their life, their liberty, their property.
[41:35.200 --> 41:44.200] That's a, that's not a specific, that's a general political statement.
[41:44.200 --> 41:46.200] It's true.
[41:46.200 --> 41:51.200] Just maybe, but that's not a specific crime.
[41:51.200 --> 41:53.200] Oh, it's not a specific crime?
[41:53.200 --> 42:00.200] Yeah, what did the Supreme Court do that denied you in your right?
[42:00.200 --> 42:10.200] Other than not taking on someone else who already denied you in your right?
[42:10.200 --> 42:25.200] Well, they, the Supreme Court 120 years ago stated that if something was put in the mail, you are deemed to have received it after 120 years ago.
[42:25.200 --> 42:32.200] And you're talking about, oh, I'm thinking of one even older, Cohen's, Virginia.
[42:32.200 --> 42:39.200] Unlike the legislature, we may not ignore an issue simply because it is onerous.
[42:39.200 --> 42:49.200] We may not take jurisdiction where jurisdiction is had and we must take jurisdiction where jurisdiction is had.
[42:49.200 --> 42:52.200] I've got to get that right that I missed a knot.
[42:52.200 --> 43:01.200] Anyway, the problem we have is, is the Supreme Court didn't commit the crime against you.
[43:01.200 --> 43:08.200] The Supreme Court didn't prosecute the one who did commit the crime against you.
[43:08.200 --> 43:16.200] But then again, there is not their place to prosecute crime.
[43:16.200 --> 43:20.200] You didn't get their place to make sure.
[43:20.200 --> 43:33.200] I'm saying that politically, theoretically, they should make sure that lower courts follow law, but they are not required to do that.
[43:33.200 --> 43:39.200] Wouldn't they be required under the Constitution to guarantee due process to every American?
[43:39.200 --> 43:46.200] Not the Supreme Court's not the trial courteous.
[43:46.200 --> 43:54.200] And if the trial court has not done that, and the appellate court has not done that, and the California appellate court has not done that,
[43:54.200 --> 44:01.200] and they've denied you every which way, but someday, where do you go?
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[46:22.200 --> 46:31.200] Okay, we are back.
[46:31.200 --> 46:37.200] Randy Kelton, rule of law radio, and we're talking to Tina in California.
[46:37.200 --> 46:45.200] And yes, there is a problem there, but there's no easy fix.
[46:45.200 --> 46:52.200] It is the trial court that is required to provide you with due process.
[46:52.200 --> 47:07.200] If the trial court fails to provide you with due process, then you can appeal to the court of appeals, but they're not required to uphold your due process.
[47:07.200 --> 47:10.200] They can pretty well do what they want to.
[47:10.200 --> 47:18.200] And then if they don't, then the Supreme can likewise pretty much do what they want to.
[47:18.200 --> 47:22.200] Then what do you go?
[47:22.200 --> 47:26.200] Technically, you don't have a right to appeal.
[47:26.200 --> 47:31.200] A court can accept your appeal or not accept your appeal.
[47:31.200 --> 47:33.200] They're not required to.
[47:33.200 --> 47:42.200] And they can screw you every which way, but someday because they feel like it and because they're bribed and because they've been bought trade for.
[47:42.200 --> 47:49.200] Well, there is remedy, and the remedy is with grand juries.
[47:49.200 --> 47:59.200] And yes, these public officials try to shield the public from grand juries, but there's remedy for that.
[47:59.200 --> 48:02.200] None of it's easy.
[48:02.200 --> 48:07.200] But it's available if we use it.
[48:07.200 --> 48:12.200] These laws are not self enacting.
[48:12.200 --> 48:16.200] We have to force our officials to follow law.
[48:16.200 --> 48:19.200] If we don't, things get out of hand.
[48:19.200 --> 48:24.200] California is a perfect example.
[48:24.200 --> 48:33.200] In every state, just about the people have expected our public officials to follow law.
[48:33.200 --> 48:42.200] And when they didn't follow law, the people didn't stand up and rail in righteous indignation and personally take action to bring them back within law.
[48:42.200 --> 48:49.200] So we got what we created.
[48:49.200 --> 48:58.200] We have to fight to bring it back. It's not easy.
[48:58.200 --> 49:07.200] And it goes back to what Benjamin Franklin said when he walked out of the Continental Congress and a woman asked him, what have you given us?
[49:07.200 --> 49:14.200] And he said, I have given you a republic if you can keep it.
[49:14.200 --> 49:19.200] It's always a fight. It's all competing forces.
[49:19.200 --> 49:37.200] So do you think that I should, I mean, I have nothing, I don't feel that I have anything to lose to send this letter that just pretty much blasts them and tell them what the American public and myself think.
[49:37.200 --> 49:41.200] You know, what have I got to lose?
[49:41.200 --> 49:49.200] Go after it. Go after them. But the place to do it is, is not the supreme. You can't the supreme.
[49:49.200 --> 49:59.200] You can only charge the supreme criminally with if they fail to perform a duty that required to perform.
[49:59.200 --> 50:07.200] If they're not required to do something in particular, you can't charge them criminally for not doing that.
[50:07.200 --> 50:16.200] You just can't hardly get at either the court of appeals or the supreme unless you set them up.
[50:16.200 --> 50:32.200] And we've been doing that in Texas where we're sending in appellate documents and attaching to those appellate documents, verified criminal affidavits.
[50:32.200 --> 50:39.200] The verified criminal affidavit invokes a different duty on the part of the judge.
[50:39.200 --> 50:44.200] It invokes the judge's duty as a magistrate.
[50:44.200 --> 50:49.200] And that's a duty from which he cannot shield himself.
[50:49.200 --> 50:59.200] So when you make a magistrate known that a crime has been committed by verified criminal affidavit magistrates required holding examining fraud.
[50:59.200 --> 51:06.200] And when he doesn't, then you can charge the judge with shielding from prosecution.
[51:06.200 --> 51:10.200] Now we got something. That's a duty he's required to perform.
[51:10.200 --> 51:18.200] And I would suspect even the U.S. Supreme has that duty.
[51:18.200 --> 51:35.200] I haven't read exactly who are magistrates in the Fed, but in the state 2.09 Texas Code of Criminal Procedure titled Who Are Magistrates?
[51:35.200 --> 51:46.200] Justices of the Supreme Court, Judges of the Court of Criminal Appeals, Judges of the Court of Appeals, District Judges, County Judges,
[51:46.200 --> 51:50.200] Justices of the Peace, Magistrates, and Reporters.
[51:50.200 --> 51:54.200] I don't even know what reporters are, but they're in there.
[51:54.200 --> 52:01.200] First one, Judges of the Supreme Court, or Justices of the Supreme Court.
[52:01.200 --> 52:07.200] And I have filed criminal charges with Justices of the Supreme, and they refuse to act on them.
[52:07.200 --> 52:11.200] So I filed with the Attorney General against the Justices.
[52:11.200 --> 52:18.200] I haven't gotten any of them indicted yet, but I'm working on it.
[52:18.200 --> 52:26.200] I'm just one guy out of 25 million in Texas.
[52:26.200 --> 52:30.200] We need more people doing this. This is the only way we're going to get this done.
[52:30.200 --> 52:35.200] Mm-hmm. Fibers. Fibers.
[52:35.200 --> 52:36.200] Okay.
[52:36.200 --> 52:38.200] This is just a long fight.
[52:38.200 --> 52:45.200] It is a hard fight. I'm just getting warmed up and I've been at it for 30 years.
[52:45.200 --> 52:50.200] Well, join the club.
[52:50.200 --> 52:53.200] Okay. Do you have anything else for us, Tina?
[52:53.200 --> 52:58.200] No, that's it for now. Let someone else take a turn. Thank you so much.
[52:58.200 --> 53:05.200] Okay. Thank you, Tina. Now we're going to Greg in Tennessee. Hello, Greg.
[53:05.200 --> 53:07.200] Well, how are you? How are you, Randy?
[53:07.200 --> 53:10.200] I am good. What do you have for us today?
[53:10.200 --> 53:13.200] Oh, wait, wait, wait. Are you a first-time caller?
[53:13.200 --> 53:15.200] No.
[53:15.200 --> 53:17.200] Oh, okay.
[53:17.200 --> 53:22.200] I have a few traffic things going on before.
[53:22.200 --> 53:26.200] Been a little while, even months.
[53:26.200 --> 53:31.200] Okay. What part of West Tennessee or East or Middle?
[53:31.200 --> 53:33.200] East Tennessee.
[53:33.200 --> 53:37.200] Oh, okay. Wait, there's hillbillies out there.
[53:37.200 --> 53:39.200] Yeah.
[53:39.200 --> 53:41.200] Okay.
[53:41.200 --> 53:44.200] Okay. What do you have for us?
[53:44.200 --> 53:54.200] Well, what I've had going on for the last 14 years is I thought, in the beginning,
[53:54.200 --> 53:58.200] I thought it was a feud with my neighbor.
[53:58.200 --> 54:05.200] I've come to find out that for a few years that it was...actually, I did some gang stuff.
[54:05.200 --> 54:07.200] Are you familiar with that?
[54:07.200 --> 54:12.200] Wait, say that again. You kind of blinked out.
[54:12.200 --> 54:19.200] Well, I did...about 14 years ago, I had a feud.
[54:19.200 --> 54:26.200] What I thought was a feud started with my neighbor and we've been sort of having trouble ever since.
[54:26.200 --> 54:33.200] About eight years into that, I figured out that it was not just my neighbor.
[54:33.200 --> 54:40.200] I'm a victim of gang stalking. I'm a targeted individual.
[54:40.200 --> 54:43.200] By who?
[54:43.200 --> 54:55.200] Well, I presume that the local law enforcement involved, at least partially,
[54:55.200 --> 55:00.200] and I'm not sure, I mean, it's hard to say about it.
[55:00.200 --> 55:06.200] Well, local law enforcement, we can take care of.
[55:06.200 --> 55:14.200] Okay, if they're not orchestrating it, is local law enforcement involved in the target?
[55:14.200 --> 55:27.200] Well, it's a long and shorted story. Here, in this city, there's a faction within the police force
[55:27.200 --> 55:34.200] that are within a group, which isn't legal, but that doesn't mean it doesn't happen.
[55:34.200 --> 55:45.200] My neighbor was probably still a peacemaker, and I think some of the cops are peacemakers.
[55:45.200 --> 55:54.200] Anyway, he's all messed up, and it's 14 years worth of history.
[55:54.200 --> 56:04.200] But anyway, what's going on lately? My neighbor, this guy, that I've been having this feud with
[56:04.200 --> 56:10.200] for all these years, has just got elected constable.
[56:10.200 --> 56:18.200] So that is, and now he's escalating on me, pretty heavy.
[56:18.200 --> 56:23.200] Okay, well, if he's a constable, now he becomes vulnerable.
[56:23.200 --> 56:26.200] I know, and that's the beauty of it.
[56:26.200 --> 56:37.200] But, look, I've got, I've got charged, I've got, he started just, what happened was,
[56:37.200 --> 56:41.200] he just started it again, and it's been sporadic.
[56:41.200 --> 56:48.200] Okay, wait a minute, Greg. So far, we're getting nowhere.
[56:48.200 --> 56:54.200] Give us something specific to work from. Everything is super general here.
[56:54.200 --> 56:57.200] Well, I know. I know what I was starting to do.
[56:57.200 --> 57:06.200] So, but what happened, in July, we had a storm, and the woodpeckers had messed up
[57:06.200 --> 57:14.200] some pops of my tree and stuff, and it blew out some limbs, and it fell on his hands,
[57:14.200 --> 57:22.200] and that's the sense of it. Okay, well, he started, that was just, right after he got elected constable.
[57:22.200 --> 57:28.200] So he started, it really pissed him off again, and he started to power it on me again.
[57:28.200 --> 57:31.200] So he's been harassing me, he's, he, every time I go to jail.
[57:31.200 --> 57:34.200] Okay, you're still being really, really general.
[57:34.200 --> 57:37.200] What does harassing mean?
[57:37.200 --> 57:38.200] Well.
[57:38.200 --> 57:41.200] What did he do?
[57:41.200 --> 57:52.200] He follows me when I leave, he sits over in a park lot, and waits on me to pull me over as I leave.
[57:52.200 --> 57:54.200] Okay, has he pulled you over?
[57:54.200 --> 57:57.200] He did pull me over.
[57:57.200 --> 58:03.200] I had, and I knew he was going to do it, because I could see, I mean, I could see all this stuff coming.
[58:03.200 --> 58:11.200] He's been doing this a long time, and so the, I had my other neighbor on the other side to watch,
[58:11.200 --> 58:13.200] and he's a witness, and I've got affidavits.
[58:13.200 --> 58:16.200] I probably should just send you all the documents.
[58:16.200 --> 58:23.200] I've got ready, I almost went to the district attorney today, and take them down every night.
[58:23.200 --> 58:32.200] I was so late, I had to get, I had 17 pictures of where he was selling the wood stuff to,
[58:32.200 --> 58:37.200] at my truck, and I had, I took pictures of the damage, and that, of all that,
[58:37.200 --> 58:43.200] and I've discussed those bills today, and sort of, it's not all the evidence that I can gather,
[58:43.200 --> 58:50.200] but it's all of the reason stuff, pretty much, and I'm spending too much time on these.
[58:50.200 --> 58:54.200] Would you like to make more definite progress in your walk with God?
[58:54.200 --> 59:01.200] Bibles for America is offering a free study Bible, and a set of free Christian books that can really help.
[59:01.200 --> 59:06.200] The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.200 --> 59:13.200] It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.200 --> 59:18.200] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.200 --> 59:24.200] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.200 --> 59:28.200] growing in Christ, and how to build up the church.
[59:28.200 --> 59:34.200] To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:34.200 --> 59:41.200] call Bibles for America toll-free at 888-551-0102.
[59:41.200 --> 59:45.200] That's 888-551-0102.
[59:45.200 --> 59:50.200] Or visit us online at bfa.org.
[59:50.200 --> 59:59.200] You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:20.200 --> 01:00:27.200] You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:50.200 --> 01:00:57.200] Today in History, the year 2002 UN Security Council Resolution 1441 is approved,
[01:00:57.200 --> 01:01:01.200] forcing some of those saying to disarm or face serious consequences.
[01:01:01.200 --> 01:01:21.200] Today in History, the year 2002 UN Security Council Resolution 1441 is approved,
[01:01:21.200 --> 01:01:26.200] forcing some of those saying to disarm or face serious consequences.
[01:01:26.200 --> 01:01:32.200] Today in History, the year 2002 UN Security Council Resolution 1441 is approved,
[01:01:32.200 --> 01:01:37.200] forcing some of those saying to disarm or face serious consequences.
[01:01:37.200 --> 01:01:44.200] Today in History, the year 2002 UN Security Council Resolution 1441 is approved,
[01:01:44.200 --> 01:01:50.200] forcing some of those saying to disarm or face serious consequences.
[01:01:50.200 --> 01:01:57.200] Those saying to disarm or face serious consequences.
[01:01:57.200 --> 01:02:04.200] Today in History, the year 2002 UN Security Council Resolution 1441 is approved,
[01:02:04.200 --> 01:02:09.200] forcing some of those saying to disarm or face serious consequences.
[01:02:09.200 --> 01:02:17.200] Today in History, the year 2002 UN Security Council Resolution 1447 is approved,
[01:02:17.200 --> 01:02:19.600] of the investigation, expert witnesses,
[01:02:19.600 --> 01:02:21.200] and housing and care for the animals
[01:02:21.200 --> 01:02:23.200] from the time of seizure until the hearing.
[01:02:23.200 --> 01:02:24.640] The owners were arrested at the scene
[01:02:24.640 --> 01:02:26.840] for child endangerment and animal cruelty
[01:02:26.840 --> 01:02:29.840] and were booked into the Van Zand County Jail.
[01:02:29.840 --> 01:02:34.840] 13 people were killed at the Borderline Bar and Grill
[01:02:36.640 --> 01:02:37.960] in Thousand Uncks, California,
[01:02:37.960 --> 01:02:40.720] making it the deadliest mass shooting in the United States
[01:02:40.720 --> 01:02:43.040] since 17 classmates and teachers were gunned down
[01:02:43.040 --> 01:02:45.800] at the Parkland Florida School nine months ago.
[01:02:45.800 --> 01:02:48.000] President Trump tweeted that he had been fully briefed
[01:02:48.000 --> 01:02:50.800] on the terrible shooting, and God bless all the victims
[01:02:50.800 --> 01:02:52.360] and families of the victim.
[01:02:54.240 --> 01:02:58.360] This was Rick Rodey with your lowdown from November 8th, 2018.
[01:02:58.360 --> 01:03:23.800] Okay, we are back.
[01:03:23.800 --> 01:03:26.360] Randy Kelton of Rural Law Radio,
[01:03:26.360 --> 01:03:28.480] and we're talking to Greg in Tennessee.
[01:03:28.480 --> 01:03:31.960] Okay, Greg, I need something specific.
[01:03:31.960 --> 01:03:33.600] It's been really general.
[01:03:33.600 --> 01:03:35.560] The only thing specific so far
[01:03:35.560 --> 01:03:38.160] is he was throwing wood at your truck?
[01:03:41.040 --> 01:03:45.400] Well, he specifically pulled me over for no reason.
[01:03:47.320 --> 01:03:50.720] Maybe he just asked questions and I can answer them.
[01:03:50.720 --> 01:03:54.000] Well, I don't know enough to know how to answer questions.
[01:03:54.000 --> 01:03:58.160] You said he pulled you over for that reason.
[01:03:58.160 --> 01:03:59.800] I mean, what reason?
[01:03:59.800 --> 01:04:02.800] That wood fell on his fence?
[01:04:02.800 --> 01:04:04.160] No, for no reason.
[01:04:04.160 --> 01:04:09.000] He, well, that's just what got him started up this last time.
[01:04:09.000 --> 01:04:12.400] This guy, he's a raven woman,
[01:04:12.400 --> 01:04:15.200] just basically, I don't know.
[01:04:15.200 --> 01:04:18.400] Okay, when he pulled you over for no reason,
[01:04:18.400 --> 01:04:20.960] did you go on I-11?
[01:04:20.960 --> 01:04:22.800] Yes, I did.
[01:04:22.800 --> 01:04:25.000] Did they send someone out?
[01:04:25.000 --> 01:04:30.200] Um, it took him two hours to get there.
[01:04:30.200 --> 01:04:34.600] Okay, did you make a complaint to the officer who showed up?
[01:04:34.600 --> 01:04:39.600] Um, what do you mean?
[01:04:39.600 --> 01:04:42.000] I mean, did you file a complaint with him?
[01:04:42.000 --> 01:04:43.600] I didn't file it, no.
[01:04:43.600 --> 01:04:51.200] They had, um, see, it was after an hour I called back
[01:04:51.200 --> 01:04:55.400] and, um, so the, the dispatcher told me,
[01:04:55.400 --> 01:04:58.600] well, they got, they had some big serious stuff going on,
[01:04:58.600 --> 01:05:00.400] but if I was just too patient
[01:05:00.400 --> 01:05:02.800] that they would get somebody out there.
[01:05:02.800 --> 01:05:07.600] And he reflected in his police report that, you know,
[01:05:07.600 --> 01:05:10.600] that I did call 911 at the time
[01:05:10.600 --> 01:05:13.800] and that it took him two hours to get there.
[01:05:13.800 --> 01:05:15.600] But there was a discrepancy,
[01:05:15.600 --> 01:05:19.200] and they have a history of shielding this guy
[01:05:19.200 --> 01:05:22.200] from prosecution in 14 years time.
[01:05:22.200 --> 01:05:27.800] I've had, back before I was ever listening to this show
[01:05:27.800 --> 01:05:30.800] and didn't know it as much.
[01:05:30.800 --> 01:05:34.400] Um, I had a lot of trouble
[01:05:34.400 --> 01:05:37.400] and I was trying to get something done.
[01:05:37.400 --> 01:05:40.200] I went to the DA at time or two and, uh,
[01:05:40.200 --> 01:05:43.200] but they, I realized now they were shielding him
[01:05:43.200 --> 01:05:48.200] from prosecution even then because he wasn't, uh,
[01:05:48.200 --> 01:05:50.800] whatever a cop being what he is now,
[01:05:50.800 --> 01:05:53.600] but, uh, he did work with him
[01:05:53.600 --> 01:05:56.600] and he's a dog trainer and a locksmith
[01:05:56.600 --> 01:05:58.600] and computer expert.
[01:05:58.600 --> 01:06:01.400] He works at the Eastern at the time, actually.
[01:06:01.400 --> 01:06:05.600] And, uh, but he's, it's,
[01:06:05.600 --> 01:06:08.400] he's sort of kind of been the black side of things,
[01:06:08.400 --> 01:06:12.200] the black ops thing around here for,
[01:06:12.200 --> 01:06:15.200] really, forever, I've come to realize.
[01:06:15.200 --> 01:06:19.200] But, um, now he's a full blunder.
[01:06:19.200 --> 01:06:21.200] They've been a big cop.
[01:06:21.200 --> 01:06:25.000] Okay, if he's, if he's a certified peace officer,
[01:06:25.000 --> 01:06:27.200] now he's vulnerable.
[01:06:27.200 --> 01:06:28.200] I know.
[01:06:28.200 --> 01:06:31.200] Have you, have you filed a professional conduct
[01:06:31.200 --> 01:06:33.200] complaint against him?
[01:06:33.200 --> 01:06:35.200] No, I've got three.
[01:06:35.200 --> 01:06:40.200] I've got aggravated, uh, talking,
[01:06:40.200 --> 01:06:46.200] uh, harassment and vandalism, it's what's on my,
[01:06:46.200 --> 01:06:49.200] that's my, they do it here, they don't have,
[01:06:49.200 --> 01:06:53.200] like you, you know, you say, uh, that they,
[01:06:53.200 --> 01:06:56.200] they, you make a citizen make a complaint
[01:06:56.200 --> 01:07:02.200] and then the district attorney turns it into an information.
[01:07:02.200 --> 01:07:04.200] Well, that's not what they do here.
[01:07:04.200 --> 01:07:09.200] They, um, they just, they route a citation on traffic,
[01:07:09.200 --> 01:07:13.200] then a clerk turns it into an affidavit,
[01:07:13.200 --> 01:07:17.200] a complaint, affidavit, a complaint or something.
[01:07:17.200 --> 01:07:20.200] Anyway, I copied what they do,
[01:07:20.200 --> 01:07:24.200] and I've done exactly what they do.
[01:07:24.200 --> 01:07:27.200] And, um, so I've got, those are three charges
[01:07:27.200 --> 01:07:28.200] that I've charged him with.
[01:07:28.200 --> 01:07:30.200] I haven't done yet, but I'm going to,
[01:07:30.200 --> 01:07:34.200] this coming week, and really what I called for was,
[01:07:34.200 --> 01:07:36.200] I've got, I just went ahead and made up five copies,
[01:07:36.200 --> 01:07:40.200] and I had, there were 17 pieces of my truck.
[01:07:40.200 --> 01:07:44.200] And so, uh, I made, I think it was,
[01:07:44.200 --> 01:07:46.200] well, it was six sets of that.
[01:07:46.200 --> 01:07:49.200] I got the original and five copies of the paperwork,
[01:07:49.200 --> 01:07:55.200] and there's probably 10 to 15 sheets in there of affidavits
[01:07:55.200 --> 01:08:00.200] from my neighbor and, um, transcripts from encounters,
[01:08:00.200 --> 01:08:03.200] things like that, a whole little packet of stuff.
[01:08:03.200 --> 01:08:08.200] I've got six copies counting the original made,
[01:08:08.200 --> 01:08:10.200] and I'm ready to go with it.
[01:08:10.200 --> 01:08:13.200] I just really wanted to know who I should take it to
[01:08:13.200 --> 01:08:16.200] and what you would think that I should do.
[01:08:16.200 --> 01:08:17.200] I mean, of course.
[01:08:17.200 --> 01:08:18.200] Okay.
[01:08:18.200 --> 01:08:23.200] I haven't looked into grand juries in Tennessee.
[01:08:23.200 --> 01:08:26.200] Have you looked into grand juries?
[01:08:26.200 --> 01:08:31.200] Well, I figured, my thought was that I need to try to get
[01:08:31.200 --> 01:08:34.200] in front of the grand juries because they've,
[01:08:34.200 --> 01:08:37.200] all these years they have shielded them pretty much,
[01:08:37.200 --> 01:08:39.200] pretty effectively.
[01:08:39.200 --> 01:08:43.200] Well, the trick is, you get them to shield them
[01:08:43.200 --> 01:08:47.200] so you can go after the ones doing the shielding.
[01:08:47.200 --> 01:08:53.200] Right, but that makes it a lot more drawn out, don't it?
[01:08:53.200 --> 01:08:55.200] Yes, it does.
[01:08:55.200 --> 01:09:00.200] Well, I would rather just get him, you know, to care of.
[01:09:00.200 --> 01:09:04.200] Well, how are you going to do that if the ones
[01:09:04.200 --> 01:09:08.200] who should take care of them are refusing to?
[01:09:08.200 --> 01:09:14.200] Well, I figured, do you think I should just try to get this
[01:09:14.200 --> 01:09:17.200] stuff in front of the grand jury myself?
[01:09:17.200 --> 01:09:23.200] Yes, and anybody who interferes with you, you file against them.
[01:09:23.200 --> 01:09:27.200] The best way to get this guy is to get the ones
[01:09:27.200 --> 01:09:32.200] who are trying to shield him get them in trouble.
[01:09:32.200 --> 01:09:35.200] Well, the DA now is different.
[01:09:35.200 --> 01:09:39.200] And the last time we had a big flare up, it was 2013,
[01:09:39.200 --> 01:09:43.200] and I've got some of that paperwork from that.
[01:09:43.200 --> 01:09:46.200] It's also included in this packet.
[01:09:46.200 --> 01:09:54.200] So the district attorney then in Hawkins County is different.
[01:09:54.200 --> 01:09:58.200] That guy is now a judge, and there's a new district attorney
[01:09:58.200 --> 01:10:00.200] that I've never talked to.
[01:10:00.200 --> 01:10:04.200] So when I go down there, if that's how I'll do it,
[01:10:04.200 --> 01:10:07.200] it'll be the first time I've ever talked to that guy.
[01:10:07.200 --> 01:10:13.200] Okay, what are the duties of the grand jury in Tennessee?
[01:10:13.200 --> 01:10:17.200] Well, now that I have not studied.
[01:10:17.200 --> 01:10:21.200] Before you talk of the prosecutor, you need to know what that is.
[01:10:21.200 --> 01:10:24.200] It's not a lot to study. There won't be much on grand juries.
[01:10:24.200 --> 01:10:30.200] In Texas, it says it shall be the duty of the grand jury
[01:10:30.200 --> 01:10:34.200] to investigate into all crime subject to indictment
[01:10:34.200 --> 01:10:39.200] that come to their knowledge by way of any member of the grand jury,
[01:10:39.200 --> 01:10:45.200] the prosecuting attorney, or any credible person.
[01:10:45.200 --> 01:10:51.200] Most states' statutes reflect the federal law,
[01:10:51.200 --> 01:10:54.200] which says it shall be the duty of the grand jury
[01:10:54.200 --> 01:10:57.200] to investigate into all crime subject to indictment
[01:10:57.200 --> 01:11:01.200] that come to their knowledge by whatever means.
[01:11:01.200 --> 01:11:06.200] If you have either one of those or something similar,
[01:11:06.200 --> 01:11:10.200] that means that you have just as much right
[01:11:10.200 --> 01:11:14.200] to petition a grand jury as a prosecution attorney.
[01:11:14.200 --> 01:11:20.200] Now, you may not have a right to present to the grand jury,
[01:11:20.200 --> 01:11:23.200] but present is a term of art.
[01:11:23.200 --> 01:11:28.200] It's not like you just take something up and present it to somebody.
[01:11:28.200 --> 01:11:30.200] Present, in terms of a grand jury,
[01:11:30.200 --> 01:11:32.200] means to come before the grand jury
[01:11:32.200 --> 01:11:38.200] and make a criminal accusation before the grand jury.
[01:11:38.200 --> 01:11:42.200] All you can do is give them notice that a crime has been committed
[01:11:42.200 --> 01:11:45.200] in the form of a criminal affidavit.
[01:11:45.200 --> 01:11:47.200] That you have a right to.
[01:11:47.200 --> 01:11:50.200] To go before them, you don't have a right to.
[01:11:50.200 --> 01:11:54.200] You can only do that if they ask you to.
[01:11:54.200 --> 01:11:57.200] So what the prosecutor will want to do is say,
[01:11:57.200 --> 01:12:00.200] you can't present that to the grand jury.
[01:12:00.200 --> 01:12:04.200] And, you know, they tell me that and I said, I didn't want to.
[01:12:04.200 --> 01:12:06.200] I'm not here to present.
[01:12:06.200 --> 01:12:11.200] I'm here to give notice.
[01:12:11.200 --> 01:12:12.200] You can't do that.
[01:12:12.200 --> 01:12:16.200] You need to check, but I'm certain you're going to be able to do that in Tennessee.
[01:12:16.200 --> 01:12:18.200] Then when the prosecutor interferes with you,
[01:12:18.200 --> 01:12:25.200] you come back with a complaint against the prosecutor for jury tampering
[01:12:25.200 --> 01:12:28.200] and try to file that with the grand jury.
[01:12:28.200 --> 01:12:30.200] Then when the prosecutor tries to interfere and he looks
[01:12:30.200 --> 01:12:32.200] and you've got complaints against him,
[01:12:32.200 --> 01:12:35.200] now he knows he's getting in deep.
[01:12:35.200 --> 01:12:38.200] Then you'll know you set him up.
[01:12:38.200 --> 01:12:44.200] If you get the people that are trying to protect the constable in trouble,
[01:12:44.200 --> 01:12:52.200] who are they going to throw under the bus themselves or the constable?
[01:12:52.200 --> 01:12:59.200] So what I was thinking, if I had actually got together and made it down there today,
[01:12:59.200 --> 01:13:05.200] I was going to break one of your rules and I was just going to give
[01:13:05.200 --> 01:13:10.200] district attorney fire warning that if he didn't get this before the grand jury,
[01:13:10.200 --> 01:13:13.200] that this is what I would require for him to do.
[01:13:13.200 --> 01:13:19.200] If he didn't get that done, that it would be hell to pay for him.
[01:13:19.200 --> 01:13:22.200] I was definitely going to give him fire warning.
[01:13:22.200 --> 01:13:23.200] Don't do that.
[01:13:23.200 --> 01:13:24.200] Bad idea.
[01:13:24.200 --> 01:13:29.200] He'll accuse you of being agitated and threatening him.
[01:13:29.200 --> 01:13:38.200] Or that will eliminate any standing you might have.
[01:13:38.200 --> 01:13:40.200] Yeah, I'll get that.
[01:13:40.200 --> 01:13:43.200] But I was going to be impactful.
[01:13:43.200 --> 01:13:51.200] We really want to tell him how to coway the cabbage.
[01:13:51.200 --> 01:13:56.200] That would really feel good, but it's always a bad idea.
[01:13:56.200 --> 01:13:58.200] Yeah.
[01:13:58.200 --> 01:14:01.200] So that would throw you so much better, huh?
[01:14:01.200 --> 01:14:03.200] Absolutely.
[01:14:03.200 --> 01:14:06.200] Bushwack is great.
[01:14:06.200 --> 01:14:12.200] But I just can't, it's so difficult.
[01:14:12.200 --> 01:14:14.200] It's still a struggle for me.
[01:14:14.200 --> 01:14:17.200] I do this all the time and it's a struggle,
[01:14:17.200 --> 01:14:21.200] because I really want to let him know how to coway the cabbage.
[01:14:21.200 --> 01:14:26.200] When the officer pulled me over, wrote me a ticket,
[01:14:26.200 --> 01:14:28.200] and went back to his car to write the ticket,
[01:14:28.200 --> 01:14:32.200] and I took out my cell phone and called 911.
[01:14:32.200 --> 01:14:37.200] That was so much fun.
[01:14:37.200 --> 01:14:40.200] I knew I shouldn't have enjoyed it that much,
[01:14:40.200 --> 01:14:44.200] but I really, really enjoyed it.
[01:14:44.200 --> 01:14:47.200] So yeah, we like to do that.
[01:14:47.200 --> 01:14:54.200] But the best strategy is they don't see it coming.
[01:14:54.200 --> 01:14:56.200] Once you've done that to them once,
[01:14:56.200 --> 01:14:59.200] then you go back down there and they tell everybody,
[01:14:59.200 --> 01:15:00.200] watch out for this guy.
[01:15:00.200 --> 01:15:02.200] He is setting you up.
[01:15:02.200 --> 01:15:06.200] That's when you start making a real difference.
[01:15:06.200 --> 01:15:10.200] That shenanigan I pulled on the judge with the hearing aid,
[01:15:10.200 --> 01:15:13.200] when I told him I lost my hearing aid in Mexico
[01:15:13.200 --> 01:15:16.200] because I didn't drink too much at Tequila,
[01:15:16.200 --> 01:15:19.200] was one of the most powerful things I did,
[01:15:19.200 --> 01:15:22.200] and I was just screwing around.
[01:15:22.200 --> 01:15:25.200] The judge was a jerk, and I was just having fun
[01:15:25.200 --> 01:15:28.200] giving him a hard time,
[01:15:28.200 --> 01:15:33.200] but when they figured out that I did that deliberately
[01:15:33.200 --> 01:15:38.200] to set the judge up, that scared everybody.
[01:15:38.200 --> 01:15:42.200] So if you don't give them any clue,
[01:15:42.200 --> 01:15:43.200] get them to do something,
[01:15:43.200 --> 01:15:45.200] and once they've already done something,
[01:15:45.200 --> 01:15:47.200] then you land on them.
[01:15:47.200 --> 01:15:54.200] I go to a clerk, and the clerk doesn't let me see some records,
[01:15:54.200 --> 01:15:57.200] or doesn't let me file records.
[01:15:57.200 --> 01:16:00.200] I just take out my cell phone and dial 911.
[01:16:00.200 --> 01:16:03.200] I generally tell them,
[01:16:03.200 --> 01:16:05.200] don't go anywhere.
[01:16:05.200 --> 01:16:08.200] Somebody's going to want to talk to you,
[01:16:08.200 --> 01:16:11.200] and that's all the warning they get.
[01:16:11.200 --> 01:16:15.200] Then I dial 911 and ask somebody to come out and arrest them.
[01:16:15.200 --> 01:16:18.200] Oh, I just can't tell you how much fun that is.
[01:16:18.200 --> 01:16:22.200] Well, I've already sort of guessed,
[01:16:22.200 --> 01:16:25.200] indirectly I've already sort of guessed fair warning,
[01:16:25.200 --> 01:16:29.200] because when the officers that came to give these,
[01:16:29.200 --> 01:16:34.200] I've got two police reports in my collage of paperwork,
[01:16:34.200 --> 01:16:40.200] and I pretty much owe them what I was going to do,
[01:16:40.200 --> 01:16:43.200] so they already got back to him.
[01:16:43.200 --> 01:16:45.200] He knows what I'm doing.
[01:16:45.200 --> 01:16:49.200] He's doing things like...
[01:16:49.200 --> 01:16:50.200] Okay, we're hanging on.
[01:16:50.200 --> 01:16:52.200] We're about to go to break.
[01:16:52.200 --> 01:16:55.200] We do need to close up, because we've got two more collages,
[01:16:55.200 --> 01:16:57.200] and only three more segments.
[01:16:57.200 --> 01:17:00.200] We'll finish this up on the other side, Randy Kelton.
[01:17:04.200 --> 01:17:09.200] It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway,
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[01:19:29.200 --> 01:19:36.200] Okay, we are back. Randy Kelton with RealVille Radio and we're talking to Greg in Tennessee.
[01:19:36.200 --> 01:19:44.200] Okay, Greg, we do need to move on. I've got three more callers and three segments left.
[01:19:44.200 --> 01:19:51.200] So we need to start filing. You need to start setting them up and filing against them.
[01:19:51.200 --> 01:19:58.200] Well, where do I find the grand jury duties or whatever?
[01:19:58.200 --> 01:20:04.200] Well, one of the things I like to do is I like to make grand jury noises.
[01:20:04.200 --> 01:20:09.200] I come down there and I want to know when the grand jury meets.
[01:20:09.200 --> 01:20:15.200] And, well, why do you want to know that? Oh, I'll give them some BS story. They know it's BS.
[01:20:15.200 --> 01:20:22.200] I told one of them that my daughter is writing a report for high school on grand juries
[01:20:22.200 --> 01:20:28.200] and she wants to come down and look at the court, look at the room where they hold hearings.
[01:20:28.200 --> 01:20:35.200] And she wants to just know all about everything they do. And they know I'm lying to them.
[01:20:35.200 --> 01:20:42.200] But I'm down there making grand jury noises and they're wondering, what is he up to?
[01:20:42.200 --> 01:20:51.200] Part of the reason for never give fair warning is if you tell them what you're planning to do, they won't believe you.
[01:20:51.200 --> 01:20:58.200] But if you don't tell them and they think they figure out what you're planning to do,
[01:20:58.200 --> 01:21:03.200] it's always much worse than what you're thinking of.
[01:21:03.200 --> 01:21:07.200] There's just something about human nature.
[01:21:07.200 --> 01:21:12.200] So you go down there and you want to know when and where the grand jury meets.
[01:21:12.200 --> 01:21:19.200] You want a list of all the grand jury members' names. They probably won't give them to you.
[01:21:19.200 --> 01:21:23.200] They insist on the foreman's name. And even they won't give that to you.
[01:21:23.200 --> 01:21:32.200] They say, well, okay, I want to see the last 10 felony cases filed in this court.
[01:21:32.200 --> 01:21:38.200] Because there will be an indictment in there with the foreman's name on it.
[01:21:38.200 --> 01:21:43.200] They may, and you hope they figure out why you're asking that.
[01:21:43.200 --> 01:21:49.200] Because then they worry about what you're going to do with the grand jury.
[01:21:49.200 --> 01:21:52.200] Are they going to be able to keep you from getting to the grand jury?
[01:21:52.200 --> 01:21:55.200] And if you get to the grand jury, will the grand jury indict?
[01:21:55.200 --> 01:21:59.200] And who are you going to try to get indicted?
[01:21:59.200 --> 01:22:05.200] If you don't tell them, they always think of something much worse than you would do.
[01:22:05.200 --> 01:22:10.200] So just go down there and have fun with them.
[01:22:10.200 --> 01:22:18.200] Well, you've been in what the grand jury is supposed to be doing.
[01:22:18.200 --> 01:22:21.200] Is that in the Code of Criminal Procedure?
[01:22:21.200 --> 01:22:24.200] It should be, yes.
[01:22:24.200 --> 01:22:30.200] There should be a grand jury section in the Criminal Procedure Code.
[01:22:30.200 --> 01:22:32.200] In Texas, it's called Code of Criminal Procedure.
[01:22:32.200 --> 01:22:37.200] In every other state, they call it Criminal Procedure Code.
[01:22:37.200 --> 01:22:42.200] It's called the Code of Criminal Procedure here.
[01:22:42.200 --> 01:22:44.200] Okay, good.
[01:22:44.200 --> 01:22:48.200] Just look up the new Tennessee grand jury duties.
[01:22:48.200 --> 01:22:51.200] That should hit you right on it.
[01:22:51.200 --> 01:22:53.200] Okay.
[01:22:53.200 --> 01:22:55.200] Okay. Have fun, Greg.
[01:22:55.200 --> 01:22:58.200] Keep us up to speed on what happens.
[01:22:58.200 --> 01:23:00.200] Thanks a lot.
[01:23:00.200 --> 01:23:01.200] Alrighty.
[01:23:01.200 --> 01:23:04.200] Now we're going to Ken in New York.
[01:23:04.200 --> 01:23:06.200] Hello, Ken.
[01:23:06.200 --> 01:23:08.200] Hello, Randy.
[01:23:08.200 --> 01:23:11.200] What do you have for us today?
[01:23:11.200 --> 01:23:16.200] I started a conversation about common baritry several weeks ago,
[01:23:16.200 --> 01:23:18.200] and then I hit the end of the show.
[01:23:18.200 --> 01:23:20.200] Because I had found something.
[01:23:20.200 --> 01:23:26.200] I think you had said something about there wasn't a lot of,
[01:23:26.200 --> 01:23:28.200] there wasn't many states.
[01:23:28.200 --> 01:23:32.200] I read an article once where they called,
[01:23:32.200 --> 01:23:37.200] they referenced Texas as the only state having baritry laws.
[01:23:37.200 --> 01:23:40.200] So when you said that New York had baritry laws,
[01:23:40.200 --> 01:23:42.200] I was surprised to hear that.
[01:23:42.200 --> 01:23:45.200] I just talked about that to somebody the other day.
[01:23:45.200 --> 01:23:49.200] Okay, and I may need some help from some of the other New York callers,
[01:23:49.200 --> 01:23:51.200] and I'll tell you why in a minute.
[01:23:51.200 --> 01:23:57.200] I found something called the Paul War Review,
[01:23:57.200 --> 01:24:02.200] and it's an article from their review, and it goes back to 1964.
[01:24:02.200 --> 01:24:05.200] It's not hard to find on the internet, it comes up.
[01:24:05.200 --> 01:24:13.200] And as you look through it, they have,
[01:24:13.200 --> 01:24:17.200] they start to describe what common baritry is,
[01:24:17.200 --> 01:24:22.200] but there are, as most of these articles are written,
[01:24:22.200 --> 01:24:25.200] you have a body text, and then they interrupt it every once in a while
[01:24:25.200 --> 01:24:28.200] and you just find print in these little notes.
[01:24:28.200 --> 01:24:31.200] And inside the little notes, it says, for example,
[01:24:31.200 --> 01:24:36.200] New York penal law section 320 provides common baritry
[01:24:36.200 --> 01:24:40.200] as the practice of exciting groundless judicial proceedings.
[01:24:40.200 --> 01:24:42.200] Well, that makes sense.
[01:24:42.200 --> 01:24:47.200] And then it says 321, common baritry as a misdemeanor.
[01:24:47.200 --> 01:24:50.200] Mine is 1964.
[01:24:50.200 --> 01:24:53.200] And then it says 322, it goes into the body of the law.
[01:24:53.200 --> 01:24:56.200] It says no person can be convicted of common baritry
[01:24:56.200 --> 01:24:59.200] except upon proof that they have excited actions
[01:24:59.200 --> 01:25:02.200] to legal proceedings and at least three instances
[01:25:02.200 --> 01:25:06.200] with a corrupt or malicious intent to vex and annoy.
[01:25:06.200 --> 01:25:10.200] Basically, that's what the entire legal system does.
[01:25:10.200 --> 01:25:12.200] Yeah.
[01:25:12.200 --> 01:25:15.200] The lawyers handle three cases.
[01:25:15.200 --> 01:25:17.200] Okay.
[01:25:17.200 --> 01:25:18.200] So here's the fine.
[01:25:18.200 --> 01:25:22.200] In terms of 1963, it's $100.
[01:25:22.200 --> 01:25:24.200] And it says attorneys may be suspended from practice
[01:25:24.200 --> 01:25:26.200] for up to six months.
[01:25:26.200 --> 01:25:28.200] I like that part of it.
[01:25:28.200 --> 01:25:32.200] And then it says it provides anyone who
[01:25:32.200 --> 01:25:36.200] officially instrumentals in any suit
[01:25:36.200 --> 01:25:39.200] that does not concern such person
[01:25:39.200 --> 01:25:44.200] by maintaining or assisting either,
[01:25:44.200 --> 01:25:49.200] let's say, party with money or otherwise to prosecute a defendant.
[01:25:49.200 --> 01:25:52.200] Basically, you make it a pest out of yourself
[01:25:52.200 --> 01:25:55.200] and you're stirring up trouble for the...
[01:25:55.200 --> 01:25:58.200] It's like someone has signed directly...
[01:25:58.200 --> 01:25:59.200] Wait a minute, Ken.
[01:25:59.200 --> 01:26:02.200] That sounds like champerty.
[01:26:02.200 --> 01:26:04.200] Well, I mentioned that.
[01:26:04.200 --> 01:26:09.200] I said common baritry, champerty and maintenance.
[01:26:09.200 --> 01:26:12.200] And the word champerty attracted my attention
[01:26:12.200 --> 01:26:16.200] because it sounds like an old English medical condition
[01:26:16.200 --> 01:26:21.200] like a rash or something.
[01:26:21.200 --> 01:26:25.200] It is champerty's legal in Texas.
[01:26:25.200 --> 01:26:26.200] Yeah.
[01:26:26.200 --> 01:26:29.200] Well, the only things that I found on the Internet
[01:26:29.200 --> 01:26:34.200] was that Texas is the only state
[01:26:34.200 --> 01:26:37.200] that has really made a point
[01:26:37.200 --> 01:26:41.200] out of making common baritry a problem.
[01:26:41.200 --> 01:26:43.200] I think you said it's a...
[01:26:43.200 --> 01:26:45.200] It's a felony.
[01:26:45.200 --> 01:26:46.200] Right?
[01:26:46.200 --> 01:26:48.200] But there are seven states,
[01:26:48.200 --> 01:26:52.200] seven states in the history according to this document
[01:26:52.200 --> 01:26:58.200] is that the reason that common baritry
[01:26:58.200 --> 01:27:01.200] had been changed during the 50s and the 60s
[01:27:01.200 --> 01:27:07.200] was because they were trying to prevent the NAACP and CORE,
[01:27:07.200 --> 01:27:09.200] which I know about CORE.
[01:27:09.200 --> 01:27:11.200] They were a New York organization
[01:27:11.200 --> 01:27:14.200] and they were actually a lot milder and a lot fairer
[01:27:14.200 --> 01:27:22.200] than NAACP is from stirring up the legal actions.
[01:27:22.200 --> 01:27:24.200] Interesting.
[01:27:24.200 --> 01:27:25.200] Yeah.
[01:27:25.200 --> 01:27:29.200] But we get to use them for things they didn't intend.
[01:27:29.200 --> 01:27:31.200] Right.
[01:27:31.200 --> 01:27:34.200] So since 1956, the seven southern states
[01:27:34.200 --> 01:27:37.200] have been utilizing their amended baritry
[01:27:37.200 --> 01:27:39.200] and champerty and maintenance laws
[01:27:39.200 --> 01:27:42.200] as legal weapons to resist the efforts
[01:27:42.200 --> 01:27:45.200] of such organizations NAACP and CORE
[01:27:45.200 --> 01:27:48.200] in initiating civil rights suits.
[01:27:48.200 --> 01:27:52.200] And some of the cases that they quote naturally
[01:27:52.200 --> 01:27:55.200] is Brown versus the Board of Education
[01:27:55.200 --> 01:27:57.200] and some other things here.
[01:27:57.200 --> 01:27:58.200] Seven.
[01:27:58.200 --> 01:28:05.200] So apparently they didn't take the original common baritry
[01:28:05.200 --> 01:28:07.200] as it was meant in England,
[01:28:07.200 --> 01:28:08.200] but they started...
[01:28:08.200 --> 01:28:13.200] It sounds to me like they were trying to lessen
[01:28:13.200 --> 01:28:19.200] the effect of the original common baritry laws
[01:28:19.200 --> 01:28:25.200] so as not to punish the lawyers, protect them.
[01:28:25.200 --> 01:28:30.200] Lawyers tend to be the ones who become legislators
[01:28:30.200 --> 01:28:33.200] and pass laws, so you would expect them
[01:28:33.200 --> 01:28:35.200] to try to protect themselves.
[01:28:35.200 --> 01:28:38.200] So that's why I'm surprised that baritries
[01:28:38.200 --> 01:28:40.200] are felony in Texas.
[01:28:40.200 --> 01:28:44.200] Now we think these lawyers would want to eliminate that.
[01:28:44.200 --> 01:28:49.200] The only article that comes up in current...
[01:28:49.200 --> 01:28:51.200] You know, when you do a current search,
[01:28:51.200 --> 01:28:54.200] this is a historical document
[01:28:54.200 --> 01:28:58.200] and it describes things that occurred
[01:28:58.200 --> 01:29:03.200] from the late 50s and early 60s changes.
[01:29:03.200 --> 01:29:10.200] It's basically to keep lawyers from stirring
[01:29:10.200 --> 01:29:16.200] or a third party that's not related to the actual litigation
[01:29:16.200 --> 01:29:20.200] to stir problems up in order to profit from it.
[01:29:20.200 --> 01:29:23.200] Yes, fomenting litigation.
[01:29:23.200 --> 01:29:29.200] Yes, and the other thing I'd like to say
[01:29:29.200 --> 01:29:33.200] is I always talk about Tina.
[01:29:33.200 --> 01:29:37.200] If you wonder why things don't work the way it is supposed to,
[01:29:37.200 --> 01:29:39.200] I've read this several times.
[01:29:39.200 --> 01:29:41.200] I don't know if you've heard of it enough,
[01:29:41.200 --> 01:29:44.200] but there was another, the original 13th amendment,
[01:29:44.200 --> 01:29:47.200] not the one that Abraham Lincoln got passed.
[01:29:47.200 --> 01:29:52.200] And apparently that was still hanging around until 1860.
[01:29:52.200 --> 01:29:56.200] It was like an 1818 law
[01:29:56.200 --> 01:30:00.200] that prohibited anybody with title of nobility.
[01:30:05.200 --> 01:30:08.200] We've all heard that laughter is the best medicine for what ails us,
[01:30:08.200 --> 01:30:12.200] but now scientists have proved it really does relieve allergies and pain.
[01:30:12.200 --> 01:30:15.200] Like Dr. Cameron Albrecht in a moment, I'll tell you how.
[01:30:15.200 --> 01:30:17.200] Privacy is under attack.
[01:30:17.200 --> 01:30:21.200] When you give up data about yourself, you'll never get it back again.
[01:30:21.200 --> 01:30:23.200] And once your privacy is gone,
[01:30:23.200 --> 01:30:26.200] you'll find your freedoms will start to vanish too.
[01:30:26.200 --> 01:30:29.200] So protect your rights, say no to surveillance,
[01:30:29.200 --> 01:30:31.200] and keep your information to yourself.
[01:30:31.200 --> 01:30:34.200] Privacy, it's worth hanging on to.
[01:30:34.200 --> 01:30:37.200] This public service announcement is brought to you by StartPage.com,
[01:30:37.200 --> 01:30:41.200] the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.200 --> 01:30:44.200] Start over with StartPage.
[01:30:44.200 --> 01:30:46.200] Who, twoop, chortle, or giggle?
[01:30:46.200 --> 01:30:48.200] However you laugh, keep it up.
[01:30:48.200 --> 01:30:51.200] Science has confirmed a barrel of laughs is good for the body.
[01:30:51.200 --> 01:30:55.200] New studies show laughter releases feel-good brain chemicals called endorphins
[01:30:55.200 --> 01:30:59.200] that can alleviate arthritis, allergy symptoms, and pain.
[01:30:59.200 --> 01:31:02.200] Researchers tested volunteers' pain thresholds,
[01:31:02.200 --> 01:31:05.200] then had them watch a comedy show like Mr. Bean.
[01:31:05.200 --> 01:31:09.200] After just 15 minutes, their pain thresholds improved by 10%.
[01:31:09.200 --> 01:31:13.200] And when allergy sufferers watched a classic Charlie Chaplin movie,
[01:31:13.200 --> 01:31:16.200] their symptoms dropped by a whopping two-thirds.
[01:31:16.200 --> 01:31:19.200] So here's a new motto for good health.
[01:31:19.200 --> 01:31:22.200] A giggle a day keeps the doctor away.
[01:31:22.200 --> 01:31:23.200] I'm Dr. Catherine Albrecht.
[01:31:23.200 --> 01:31:49.200] More news and information at CatherineAlbrecht.com.
[01:31:54.200 --> 01:31:55.200] I'm the father who lost his son.
[01:31:55.200 --> 01:31:58.200] We're Americans, and we deserve the truth.
[01:31:58.200 --> 01:32:27.200] Go to RememberBuilding7.org today.
[01:32:29.200 --> 01:32:32.200] To handle your claim and your roof right the first time,
[01:32:32.200 --> 01:32:38.200] just call 512-992-8745 or go to HillCountryHomeImprovments.com.
[01:32:38.200 --> 01:32:41.200] Mention the crypto show and get $100 off,
[01:32:41.200 --> 01:32:44.200] and we'll donate another $100 to the Logos Radio Network
[01:32:44.200 --> 01:32:46.200] to help continue this programming.
[01:32:46.200 --> 01:32:48.200] So if those out-of-town roofers come knocking,
[01:32:48.200 --> 01:32:51.200] your door should be locked in.
[01:32:51.200 --> 01:32:57.200] That's 512-992-8745 or HillCountryHomeImprovments.com.
[01:32:57.200 --> 01:32:59.200] The discounts are based on full roof replacement.
[01:32:59.200 --> 01:33:02.200] I mean, I actually be kidding about chemtrails.
[01:33:02.200 --> 01:33:05.200] You are listening to the Logos Radio Network.
[01:33:05.200 --> 01:33:34.200] LogosRadioNetwork.com.
[01:33:35.200 --> 01:34:04.200] Logos Radio Network.
[01:34:04.200 --> 01:34:06.200] Okay, we are back.
[01:34:06.200 --> 01:34:08.200] Randy Kelton, Real Log Radio.
[01:34:08.200 --> 01:34:10.200] We're talking to Ken in New York.
[01:34:10.200 --> 01:34:12.200] Okay, hold on.
[01:34:12.200 --> 01:34:14.200] I ran off the cliff there.
[01:34:14.200 --> 01:34:15.200] Okay.
[01:34:15.200 --> 01:34:16.200] Yeah, I'm sorry.
[01:34:16.200 --> 01:34:17.200] I ran off the cliff.
[01:34:17.200 --> 01:34:20.200] I was watching the clock, and I turned away for a moment.
[01:34:20.200 --> 01:34:22.200] Well, I blamed you.
[01:34:22.200 --> 01:34:25.200] Debra just got back, and I told her,
[01:34:25.200 --> 01:34:29.200] you got here in time to see me run off the cliff
[01:34:29.200 --> 01:34:32.200] the first time, and she said,
[01:34:32.200 --> 01:34:34.200] yeah, right.
[01:34:34.200 --> 01:34:36.200] I'm an experienced person.
[01:34:36.200 --> 01:34:38.200] I'll eat that one.
[01:34:38.200 --> 01:34:41.200] I don't think she believes me.
[01:34:41.200 --> 01:34:45.200] Okay, go ahead.
[01:34:45.200 --> 01:34:50.200] There is supposed to be an original 13th Amendment
[01:34:50.200 --> 01:34:52.200] that was papered over, and if you read it,
[01:34:52.200 --> 01:34:54.200] you'd understand why.
[01:34:54.200 --> 01:34:55.200] That's because it says,
[01:34:55.200 --> 01:34:58.200] title of nobility shall not be allowed to serve
[01:34:58.200 --> 01:35:00.200] as the government.
[01:35:00.200 --> 01:35:03.200] And what does that have to do with law as well?
[01:35:03.200 --> 01:35:05.200] Don't they call themselves F Squire?
[01:35:05.200 --> 01:35:06.200] That's the title.
[01:35:06.200 --> 01:35:08.200] But the original F Squire was the guy
[01:35:08.200 --> 01:35:11.200] that used to sharpen the lance on the night
[01:35:11.200 --> 01:35:13.200] and clean up the poop from the horse,
[01:35:13.200 --> 01:35:16.200] which makes perfect sense, if you know why.
[01:35:16.200 --> 01:35:18.200] Oh, that is good.
[01:35:18.200 --> 01:35:21.200] Oh, Squires.
[01:35:21.200 --> 01:35:22.200] Okay.
[01:35:22.200 --> 01:35:23.200] Yeah, right.
[01:35:23.200 --> 01:35:25.200] It really, it fits.
[01:35:25.200 --> 01:35:30.200] So, you know, to move on,
[01:35:30.200 --> 01:35:33.200] the thing that surprises me about this whole document
[01:35:33.200 --> 01:35:39.200] on the baritry is that it quotes section 320, 320, 1 and 322.
[01:35:39.200 --> 01:35:41.200] If you look up the penal code in New York,
[01:35:41.200 --> 01:35:43.200] there is no section 300.
[01:35:43.200 --> 01:35:45.200] I can't find it, and that's why I was going to ask
[01:35:45.200 --> 01:35:48.200] if somebody else in New York knows something I don't,
[01:35:48.200 --> 01:35:52.200] or I'm being gaslighted or something.
[01:35:52.200 --> 01:35:55.200] This is part 100, 200, 400, and 500.
[01:35:55.200 --> 01:35:57.200] This is nothing in the 300 sections.
[01:35:57.200 --> 01:36:00.200] Yeah, I've come across, I don't remember what it was,
[01:36:00.200 --> 01:36:05.200] but there's a couple of sections in Texas law that exist,
[01:36:05.200 --> 01:36:09.200] but weren't printed on the public sites.
[01:36:09.200 --> 01:36:12.200] And you know, what's interesting about that
[01:36:12.200 --> 01:36:15.200] is that it seems to deal with, I guess,
[01:36:15.200 --> 01:36:20.200] section 300 deals with the discipline of the legal profession,
[01:36:20.200 --> 01:36:24.200] which would be a perfectly good reason to want to hide it from everybody.
[01:36:24.200 --> 01:36:26.200] Exactly.
[01:36:30.200 --> 01:36:36.200] So, the last thing I wanted to say was that the devil went down to Georgia.
[01:36:36.200 --> 01:36:39.200] You know, your previous caller?
[01:36:39.200 --> 01:36:40.200] Yes.
[01:36:40.200 --> 01:36:44.200] The reason I know this is because Charlie Daniels said so.
[01:36:44.200 --> 01:36:50.200] Oh, okay, and we know Charlie Daniels wouldn't jive us about that.
[01:36:50.200 --> 01:36:56.200] Oh, by the way, also, as far as the other, Tina,
[01:36:56.200 --> 01:37:00.200] maybe the other person, it talks about thinking in terms of politics
[01:37:00.200 --> 01:37:04.200] rather than anything else when you're dealing with these people.
[01:37:04.200 --> 01:37:08.200] When I had my problem, I said,
[01:37:08.200 --> 01:37:13.200] who is this attorney coming after me trying to take my house for hospital debt?
[01:37:13.200 --> 01:37:15.200] So, I did some research.
[01:37:15.200 --> 01:37:17.200] You'd be surprised that you can find on the Internet.
[01:37:17.200 --> 01:37:23.200] I found a place that has the license numbers of lawyers.
[01:37:23.200 --> 01:37:30.200] I found out that she had graduated from Hofstra University on Long Island in 1999.
[01:37:30.200 --> 01:37:33.200] She was admitted to the bar in 2000.
[01:37:33.200 --> 01:37:38.200] And then she was appointed to civil recovery in the Attorney General's office,
[01:37:38.200 --> 01:37:40.200] the Assistant Attorney General.
[01:37:40.200 --> 01:37:44.200] She's been there, that was in 2000, she's been in the area of a slum.
[01:37:44.200 --> 01:37:48.200] I don't think she's ever seen the inside of a courtroom.
[01:37:48.200 --> 01:37:52.200] Good chance, a lot of them haven't.
[01:37:52.200 --> 01:37:57.200] I'm a juror and I'm a jurist and I hand-design documents and that's about it.
[01:37:57.200 --> 01:38:02.200] I see the signature.
[01:38:02.200 --> 01:38:05.200] Okay, I do have two more callers. Do you have anything else for us?
[01:38:05.200 --> 01:38:07.200] No, no, no. Go ahead.
[01:38:07.200 --> 01:38:09.200] Okay, thank you, Ken.
[01:38:09.200 --> 01:38:14.200] Okay, now we're going to Julian in Texas. Hello, Julian.
[01:38:14.200 --> 01:38:17.200] Hey, how are you doing this evening?
[01:38:17.200 --> 01:38:21.200] Doing good. What do you have for us today?
[01:38:21.200 --> 01:38:26.200] Well, we were touching base yesterday evening, I guess, about the officer who, you know,
[01:38:26.200 --> 01:38:32.200] had taken me in for a defective telelamp and they better to show my ID
[01:38:32.200 --> 01:38:36.200] and the amount of time that he was requesting it.
[01:38:36.200 --> 01:38:41.200] And we touched on some things about the clerk saying, you know,
[01:38:41.200 --> 01:38:46.200] there's a lot of paperwork for her when I want to turn in some of the stuff from your website
[01:38:46.200 --> 01:38:49.200] and from some of Eddie Craig's website.
[01:38:49.200 --> 01:38:54.200] But I also wanted to follow up and just kind of give you a little bit of background
[01:38:54.200 --> 01:38:58.200] and ask you some questions about something the officer did.
[01:38:58.200 --> 01:39:03.200] And that is when he was, when I finally gave him my ID,
[01:39:03.200 --> 01:39:07.200] I had put it on top of the truck and it just, you know, he fell off and hit the ground
[01:39:07.200 --> 01:39:12.200] and by then he was already calling back up and it started to arrest me
[01:39:12.200 --> 01:39:15.200] and spent four hours in jail.
[01:39:15.200 --> 01:39:17.200] My wife bailed me out.
[01:39:17.200 --> 01:39:22.200] But so the next few days I'm looking for my driver's license and my wife's like,
[01:39:22.200 --> 01:39:23.200] well, you didn't give it to me.
[01:39:23.200 --> 01:39:28.200] And I say, well, he asked me, did I have anything that I could give to you
[01:39:28.200 --> 01:39:30.200] and I gave him my hat and my glasses.
[01:39:30.200 --> 01:39:34.200] But he said he would pick up my driver's license off the ground.
[01:39:34.200 --> 01:39:37.200] And so for almost a month I'm calling up there.
[01:39:37.200 --> 01:39:39.200] I even filed a complaint on the guy.
[01:39:39.200 --> 01:39:41.200] You know, I said, well, I don't know.
[01:39:41.200 --> 01:39:42.200] He stole my driver's license.
[01:39:42.200 --> 01:39:43.200] I don't know where it is.
[01:39:43.200 --> 01:39:44.200] It's not in my truck.
[01:39:44.200 --> 01:39:45.200] He didn't give it to my wife.
[01:39:45.200 --> 01:39:47.200] We don't know where it is.
[01:39:47.200 --> 01:39:52.200] It was like pulling teeth to get up there to call the sergeants to talk to the lieutenants or anybody.
[01:39:52.200 --> 01:39:54.200] And I said, I just want somebody to look at the video.
[01:39:54.200 --> 01:39:57.200] Tell me what happened to my driver's license.
[01:39:57.200 --> 01:40:07.200] So I guess it was almost three weeks later when he called and says, well, I put it on the same place you said you put it when you were trying to give it to me,
[01:40:07.200 --> 01:40:10.200] which meant on top of my truck.
[01:40:10.200 --> 01:40:12.200] And I said, you did what?
[01:40:12.200 --> 01:40:13.200] And he said the same thing.
[01:40:13.200 --> 01:40:18.200] I put it the same place you said you put it when you said you were trying to give it to me.
[01:40:18.200 --> 01:40:20.200] I said, so you put it on top of my truck.
[01:40:20.200 --> 01:40:21.200] And he's like, yes.
[01:40:21.200 --> 01:40:25.200] And I said, so why didn't you give it to my wife?
[01:40:25.200 --> 01:40:28.200] He said, well, I put it and he kept saying the same thing.
[01:40:28.200 --> 01:40:34.200] So in short, he, I said, so you lost my driver's license because my wife drove off.
[01:40:34.200 --> 01:40:35.200] He didn't tell her.
[01:40:35.200 --> 01:40:36.200] You didn't give it to her.
[01:40:36.200 --> 01:40:40.200] I said, now I'm susceptible to ID theft or whatever.
[01:40:40.200 --> 01:40:41.200] You know, and he's like, well, I'm sorry.
[01:40:41.200 --> 01:40:44.200] Is there anything else I can do?
[01:40:44.200 --> 01:40:49.200] You know, so like, well, I said, I couldn't, I couldn't, I couldn't go boat early.
[01:40:49.200 --> 01:40:54.200] I couldn't file any documents in notary public or anything because I didn't have my driver's license.
[01:40:54.200 --> 01:40:57.200] And I said, are you going to pay for my other driver's license?
[01:40:57.200 --> 01:40:58.200] He said, no.
[01:40:58.200 --> 01:41:00.200] I said, okay.
[01:41:00.200 --> 01:41:05.200] You know, so I guess just a little incident was enough TV off.
[01:41:05.200 --> 01:41:07.200] Other than the fact that he took me to jail.
[01:41:07.200 --> 01:41:12.200] And I thought this is doesn't seem fair that these people have full custody control of,
[01:41:12.200 --> 01:41:17.200] I guess it's actually their property, but, you know, and then they want to lose it and expect you to pay for it.
[01:41:17.200 --> 01:41:20.200] Well, do you want to take him on?
[01:41:20.200 --> 01:41:29.200] Well, I mean, I was looking into the T-Cos issue about filing, you know, on him just for that.
[01:41:29.200 --> 01:41:31.200] Other than him just for being jailed.
[01:41:31.200 --> 01:41:35.200] Okay, go to the traffic ticket website and fill in the traffic information.
[01:41:35.200 --> 01:41:39.200] It'll spit you out a T-Cos complaint.
[01:41:39.200 --> 01:41:40.200] Oh, okay.
[01:41:40.200 --> 01:41:43.200] You know, I didn't realize that was in there.
[01:41:43.200 --> 01:41:44.200] Yeah.
[01:41:44.200 --> 01:41:47.200] And there's also a first-degree felony aggravated assault complaint.
[01:41:47.200 --> 01:41:49.200] It'll spit out.
[01:41:49.200 --> 01:41:51.200] So I think I filed that one on him.
[01:41:51.200 --> 01:41:54.200] I filed the official oppression, aggravated assault.
[01:41:54.200 --> 01:42:00.200] So that kind of brings me to another issue about, so I filed some of these complaints with the clerk.
[01:42:00.200 --> 01:42:02.200] And you never hear from these people.
[01:42:02.200 --> 01:42:07.200] And I'm assuming when we come up for the, whatever it is they're going to have for me,
[01:42:07.200 --> 01:42:16.200] maybe a pretrial hearing, I don't know, I mean, I guess, I don't know, to challenge their jurisdiction,
[01:42:16.200 --> 01:42:19.200] ask them what happened to all my paperwork or they can accept it.
[01:42:19.200 --> 01:42:23.200] Just go to the site, download all those documents.
[01:42:23.200 --> 01:42:26.200] Heck, you're in Texas, all of them apply.
[01:42:26.200 --> 01:42:32.200] Was it a highway patrol that pulled you over?
[01:42:32.200 --> 01:42:36.200] No, it was just a regular peace officer.
[01:42:36.200 --> 01:42:37.200] Okay, good.
[01:42:37.200 --> 01:42:38.200] Everything applies.
[01:42:38.200 --> 01:42:42.200] Just download all those documents, sign them and send them.
[01:42:42.200 --> 01:42:43.200] I did.
[01:42:43.200 --> 01:42:45.200] I took them all down there.
[01:42:45.200 --> 01:42:49.200] I'm waiting for my court date, which is probably going to be two to three wins.
[01:42:49.200 --> 01:42:52.200] Okay, I need to find out when.
[01:42:52.200 --> 01:42:54.200] So here's something else that happened too.
[01:42:54.200 --> 01:42:58.200] When I gave the clerk the other bunch of papers, she's like, oh, no, you don't need to do that.
[01:42:58.200 --> 01:43:01.200] You can just pay the $10 or whatever.
[01:43:01.200 --> 01:43:03.200] And, you know, and I was like, I don't want to do that.
[01:43:03.200 --> 01:43:09.200] I want to get my money back with my bail money that my wife spent to get me out of jail.
[01:43:09.200 --> 01:43:14.200] And that's when she was like, well, this is too much paperwork, you know, and all that.
[01:43:14.200 --> 01:43:18.200] So at the court, whatever it is, they're going to have for me when I show up.
[01:43:18.200 --> 01:43:23.200] Can I ask them for that bail money back or how does that, how does all that work?
[01:43:23.200 --> 01:43:27.200] Well, you get the bail money back if you get them to dismiss.
[01:43:27.200 --> 01:43:28.200] Okay.
[01:43:28.200 --> 01:43:30.200] Yeah.
[01:43:30.200 --> 01:43:38.200] So when you go there and they blow off all your documents, then you file a criminal against the judge.
[01:43:38.200 --> 01:43:40.200] Right.
[01:43:40.200 --> 01:43:43.200] That's when it gets to be fun.
[01:43:43.200 --> 01:43:45.200] Yeah.
[01:43:45.200 --> 01:43:48.200] So I expect them to rule against you on everything.
[01:43:48.200 --> 01:43:49.200] That's what they do.
[01:43:49.200 --> 01:43:50.200] Yes.
[01:43:50.200 --> 01:43:57.200] And then once they do that, then you get to come back and work them over good.
[01:43:57.200 --> 01:43:59.200] All right.
[01:43:59.200 --> 01:44:00.200] Okay.
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[01:46:24.200 --> 01:46:26.200] Okay, we are back.
[01:46:26.200 --> 01:46:31.200] Randy Kelton with Legal 101 Radio and we're talking to Julian in Texas.
[01:46:31.200 --> 01:46:36.200] Okay, Julian, what else do you have for us?
[01:46:36.200 --> 01:46:37.200] That's it, Randy.
[01:46:37.200 --> 01:46:41.200] I just wanted to tell you thank you and appreciate what you're doing for everybody.
[01:46:41.200 --> 01:46:44.200] And I'm going to go ahead and check that website for the C-Close.
[01:46:44.200 --> 01:46:49.200] And hopefully we'll give you another day by Thursday or Friday to see what happens.
[01:46:49.200 --> 01:46:51.200] Okay, thank you, Julian.
[01:46:51.200 --> 01:46:53.200] Okay, now we're going to go to John in New York.
[01:46:53.200 --> 01:46:55.200] Hello, John.
[01:46:55.200 --> 01:46:57.200] Hello, hi, Randy.
[01:46:57.200 --> 01:46:59.200] And how are you?
[01:46:59.200 --> 01:47:00.200] I am good.
[01:47:00.200 --> 01:47:03.200] What do you have for us today?
[01:47:03.200 --> 01:47:08.200] Well, we've got a development with a seat belt ticket for my relatives and I'll go through it.
[01:47:08.200 --> 01:47:12.200] I've got it all written down so I won't forget anything and I can go fast.
[01:47:12.200 --> 01:47:18.200] And if you want to stop me and tell me along the way each different point, here we go.
[01:47:18.200 --> 01:47:24.200] Seat belt tickets, you got it, New York State, two people were in the stopped car.
[01:47:24.200 --> 01:47:31.200] The driver and the passenger both have signed sworn affidavits that the driver was wearing a seat belt.
[01:47:31.200 --> 01:47:39.200] The cop was at least 40 feet away when he saw the defendant violating the seat belt law.
[01:47:39.200 --> 01:47:46.200] The cop told the defendant at the scene, I stopped you because you were not wearing your seat belt.
[01:47:46.200 --> 01:47:52.200] The passenger told the cop, the driver was wearing a seat belt and I'll swear to that in court.
[01:47:52.200 --> 01:47:58.200] The cop then quickly changed his story to the driver wasn't wearing it properly.
[01:47:58.200 --> 01:48:03.200] It was under his arm and it ran straight down the side of the seat.
[01:48:03.200 --> 01:48:08.200] The cop gives the driver the ticket that says no seat belt.
[01:48:08.200 --> 01:48:10.200] It said two words on it, no seat belt.
[01:48:10.200 --> 01:48:15.200] The cop also gives the driver a deposition at the scene.
[01:48:15.200 --> 01:48:20.200] The defendant requests the deposition from the court but never gets it.
[01:48:20.200 --> 01:48:31.200] The defendant calls his assistant postmaster who personally loads his post office spot every day and she says the deposition never came.
[01:48:31.200 --> 01:48:37.200] Now at the trial, the defendant tells the judge he never got the deposition from the court.
[01:48:37.200 --> 01:48:45.200] The defendant asks the cop if he has any post office department proof that the deposition was mailed out like certified mail.
[01:48:45.200 --> 01:48:54.200] The cop testifies they have an affidavit proving the deposition was sent out but it was not like certified mail.
[01:48:54.200 --> 01:48:58.200] It was by regular mail.
[01:48:58.200 --> 01:49:01.200] The cop testifies they have that affidavit.
[01:49:01.200 --> 01:49:12.200] The judge tells the defendant the court will proceed because the deposition was sent out and the cop had given him a deposition at the scene anyway
[01:49:12.200 --> 01:49:18.200] so the defendant had one regardless so the court could proceed and it couldn't be dismissed.
[01:49:18.200 --> 01:49:23.200] The ticket could not be dismissed within the 30-day period of...
[01:49:23.200 --> 01:49:34.200] Anyway, remember now the ticket specifically was a violation of the New York State Vehicle and Traffic Law 1229C like Charlie 3
[01:49:34.200 --> 01:49:37.200] and on the ticket it said no seat belt.
[01:49:37.200 --> 01:49:44.200] The defendant entered the two notarized sworn statements that he was wearing a seat belt properly.
[01:49:44.200 --> 01:49:54.200] The defendant asked the cop if the cop had witnesses, witness statements, video or pictures to prove his allegation that he wasn't wearing a seat belt.
[01:49:54.200 --> 01:49:56.200] The cop said no.
[01:49:56.200 --> 01:50:00.200] The defendant said rules of evidence were not met.
[01:50:00.200 --> 01:50:05.200] Plus it was two against one by the way the best evidence rule should have applied.
[01:50:05.200 --> 01:50:13.200] When the cop testified the defendant was not wearing his belt correctly in court it was under his arm and ran down the side of the seat.
[01:50:13.200 --> 01:50:26.200] The defendant testified it's a 1992 red convertible Ford Mustang 5-liter and that vehicle has a seat belt they can't possibly do with the cop as described.
[01:50:26.200 --> 01:50:30.200] And he gave the judge many pictures providing that fact.
[01:50:30.200 --> 01:50:36.200] The judge later gave all the pictures back to the defendant without making copies for the court.
[01:50:36.200 --> 01:50:39.200] I thought that was a little strange.
[01:50:39.200 --> 01:50:48.200] When the defendant said the ticket said no seat belt and the cop was now saying something different in court, not wearing a seat belt properly,
[01:50:48.200 --> 01:50:54.200] the cop tried to twist himself out of what he said by saying that's not what he meant.
[01:50:54.200 --> 01:50:59.200] And I say it's not what the cop meant to say, it's what he actually said.
[01:50:59.200 --> 01:51:09.200] The witness and the passenger was sworn in or rather the witness passenger was sworn in, the witness now, and he's extremely hard of hearing.
[01:51:09.200 --> 01:51:15.200] And it should be obvious he was in his mid to late 80s when the defendant...
[01:51:15.200 --> 01:51:18.200] Oh wait, huh?
[01:51:18.200 --> 01:51:22.200] Just kidding, that was my hearing aid joke.
[01:51:22.200 --> 01:51:24.200] Oh, okay, yeah.
[01:51:24.200 --> 01:51:26.200] I do the same thing with my hearing doctor.
[01:51:26.200 --> 01:51:29.200] When the defendant asked him...
[01:51:29.200 --> 01:51:37.200] When the defendant asked him what was already on the sworn affidavit, the witness said no instead of yes.
[01:51:37.200 --> 01:51:48.200] He misunderstood the question and blew the case all to hell because it was very obvious what happened, but the judge grabbed that opportunity and declared the driver guilty.
[01:51:48.200 --> 01:51:54.200] So the witness said something that contradicted what was in the sworn statement.
[01:51:54.200 --> 01:51:57.200] And of course, the judge capitalized on that.
[01:51:57.200 --> 01:51:59.200] That's what got him guilty.
[01:51:59.200 --> 01:52:06.200] Now, the cop gave conflicting reasons for the stop.
[01:52:06.200 --> 01:52:15.200] At the time of the stop, he said it was because you weren't wearing your seatbelt and then he quickly switched it to while you were wearing it wrong.
[01:52:15.200 --> 01:52:23.200] When he found out the witness was going to swear to it that he had a seatbelt on, either he was wearing it or he was not wearing it.
[01:52:23.200 --> 01:52:25.200] It can't be both.
[01:52:25.200 --> 01:52:29.200] It's the plaintiff's duty to prove the evidence beyond a reasonable doubt.
[01:52:29.200 --> 01:52:31.200] Hold on, hold on.
[01:52:31.200 --> 01:52:37.200] Does the statute stipulate how the belt is to be worn?
[01:52:37.200 --> 01:52:38.200] That's what...
[01:52:38.200 --> 01:52:40.200] There's the problem right there.
[01:52:40.200 --> 01:52:43.200] I read the seatbelt law five times and it is...
[01:52:43.200 --> 01:52:45.200] I like you to read.
[01:52:45.200 --> 01:52:52.200] I know you haven't got time, but if you want a lesson in futility, read the New York State traffic law when it comes to seatbelt.
[01:52:52.200 --> 01:52:55.200] 1229, seat three.
[01:52:55.200 --> 01:52:57.200] It is so ambiguous.
[01:52:57.200 --> 01:52:59.200] It goes all over the place.
[01:52:59.200 --> 01:53:01.200] It's like a tobacco option here.
[01:53:01.200 --> 01:53:03.200] You don't know what they're saying.
[01:53:03.200 --> 01:53:11.200] And I don't think it's just me, but you having more background in law than I do, you might be able to figure it out.
[01:53:11.200 --> 01:53:14.200] But I think it's deliberately written that way.
[01:53:14.200 --> 01:53:16.200] I honestly do.
[01:53:16.200 --> 01:53:23.200] So the ticket said no seatbelt and the cop in court said he was wearing his seatbelt wrong.
[01:53:23.200 --> 01:53:26.200] Is it me or is that two different charges?
[01:53:26.200 --> 01:53:27.200] I'm not sure.
[01:53:27.200 --> 01:53:31.200] It would depend on how the statute was written.
[01:53:31.200 --> 01:53:32.200] Well...
[01:53:32.200 --> 01:53:39.200] If the statute's written so that you must wear it in accordance with the manufacturer's recommendations,
[01:53:39.200 --> 01:53:48.200] then the cop, the officer could claim that you weren't wearing your seatbelt because you weren't wearing it correctly.
[01:53:48.200 --> 01:53:50.200] All right.
[01:53:50.200 --> 01:53:52.200] So either he was wearing it or he wasn't.
[01:53:52.200 --> 01:53:54.200] I think it was conflicting evidence.
[01:53:54.200 --> 01:54:00.200] The seatbelt in that car cannot possibly do what the cop said.
[01:54:00.200 --> 01:54:04.200] And the defendant gave pictures, and I believe those pictures,
[01:54:04.200 --> 01:54:07.200] a reasonable person would see that this was proven.
[01:54:07.200 --> 01:54:10.200] The judge gave the pictures back to the defendant,
[01:54:10.200 --> 01:54:13.200] and best evidence should have ruled anyway.
[01:54:13.200 --> 01:54:15.200] Two witnesses against one.
[01:54:15.200 --> 01:54:17.200] And there we have it.
[01:54:17.200 --> 01:54:19.200] Now, he's taking it to appeal.
[01:54:19.200 --> 01:54:23.200] There's two different ways to appeal it in New York State.
[01:54:23.200 --> 01:54:30.200] There's, I think, what they called de novo, if I'm getting that right, N-O-B-O in Latin...
[01:54:30.200 --> 01:54:37.200] trial de novo, that's where you appeal out of an inferior court.
[01:54:37.200 --> 01:54:42.200] You do not have to appeal on point of error.
[01:54:42.200 --> 01:54:43.200] Okay.
[01:54:43.200 --> 01:54:44.200] What can...
[01:54:44.200 --> 01:54:48.200] He's already filed the appeal, and I hope he didn't do it wrong.
[01:54:48.200 --> 01:54:52.200] Tell us what we should be doing.
[01:54:52.200 --> 01:54:59.200] Generally, all appeals from an inferior court are trial de novo.
[01:54:59.200 --> 01:55:06.200] Trial de novo for the restricted purpose of perfecting the appeal,
[01:55:06.200 --> 01:55:10.200] in that you don't have to appeal based on point of error.
[01:55:10.200 --> 01:55:18.200] But what the courts want to do is a retrial, a do-over.
[01:55:18.200 --> 01:55:22.200] And no, no, you don't get to do a do-over.
[01:55:22.200 --> 01:55:29.200] If whatever was justified to in the original trial, you can bring in the second trial.
[01:55:29.200 --> 01:55:35.200] If the policeman made a mistake in the first trial and the judge wheels against the defendant
[01:55:35.200 --> 01:55:38.200] to cover up what the policeman did to go to the second trial,
[01:55:38.200 --> 01:55:42.200] and the policeman doesn't make the same mistake.
[01:55:42.200 --> 01:55:45.200] You get to bring the mistake into the second trial.
[01:55:45.200 --> 01:55:50.200] They're going to cry trial de novo, do-over.
[01:55:50.200 --> 01:55:56.200] You're going to claim trial de novo only for the limited purpose of perfecting the appeal,
[01:55:56.200 --> 01:56:01.200] the bad behavior of the officer, or a statement,
[01:56:01.200 --> 01:56:10.200] a proactive statement of fact or law by the officer in the original trial becomes collateral stop-all.
[01:56:10.200 --> 01:56:17.200] Once he's made it in open court, he can't un-make it in another court.
[01:56:17.200 --> 01:56:24.200] So it's important to understand that distinction about trial de novo.
[01:56:24.200 --> 01:56:27.200] Okay. You kind of lost me there.
[01:56:27.200 --> 01:56:31.200] Okay. Let me back up and do that again.
[01:56:31.200 --> 01:56:39.200] Trial de novo, the courts take that to mean a new trial as if the old trial didn't happen
[01:56:39.200 --> 01:56:47.200] because in a trial de novo, you do not have to appeal based on writ of error.
[01:56:47.200 --> 01:56:49.200] Whatever that means.
[01:56:49.200 --> 01:56:55.200] You don't have to say that the judge made a mistake in fact or law.
[01:56:55.200 --> 01:56:56.200] Okay.
[01:56:56.200 --> 01:56:59.200] You get to do the whole thing over.
[01:56:59.200 --> 01:57:08.200] But what it's really about is it means you don't have to have an error in order to be able to appeal.
[01:57:08.200 --> 01:57:14.200] It's trial de novo for the purpose of perfecting appeal,
[01:57:14.200 --> 01:57:17.200] meaning you don't have to claim writ of error.
[01:57:17.200 --> 01:57:26.200] But if the officer testified to something in the original trial, it becomes collateral stop-all.
[01:57:26.200 --> 01:57:31.200] He can't testify differently in the second trial.
[01:57:31.200 --> 01:57:32.200] Okay.
[01:57:32.200 --> 01:57:36.200] All right.
[01:57:36.200 --> 01:57:42.200] I've used that argument in court and it was great fun.
[01:57:42.200 --> 01:57:43.200] All right.
[01:57:43.200 --> 01:57:48.200] At this point, I don't really thoroughly understand all what you just said,
[01:57:48.200 --> 01:57:54.200] but can we charge the judge with anything and can we complain about the cop?
[01:57:54.200 --> 01:58:00.200] Yeah, you can charge the judge with the file of judicial conduct complaint against him
[01:58:00.200 --> 01:58:03.200] for failing to apply the law to the facts.
[01:58:03.200 --> 01:58:06.200] Okay. And for what facts did he apply the law to?
[01:58:06.200 --> 01:58:08.200] Some specificities.
[01:58:08.200 --> 01:58:17.200] The pictures that demonstrated that the testimony of the officer was necessarily fraudulent or perjurious
[01:58:17.200 --> 01:58:24.200] because the seat belt could not be worn the way the officer claimed it was worn.
[01:58:24.200 --> 01:58:25.200] Okay.
[01:58:25.200 --> 01:58:28.200] Explain that and you lost me again.
[01:58:28.200 --> 01:58:29.200] How do I explain more?
[01:58:29.200 --> 01:58:31.200] You're the one that said it could not be worn.
[01:58:31.200 --> 01:58:33.200] The way the officer said it was worn.
[01:58:33.200 --> 01:58:39.200] If the officer said he did something he could not do, that's aggravated perjury.
[01:58:39.200 --> 01:58:40.200] Okay. Got it.
[01:58:40.200 --> 01:58:41.200] Got it.
[01:58:41.200 --> 01:58:42.200] Now I understand.
[01:58:42.200 --> 01:58:43.200] Okay.
[01:58:43.200 --> 01:58:44.200] Okay.
[01:58:44.200 --> 01:58:45.200] Hold on.
[01:58:45.200 --> 01:58:46.200] I'm about to go to break.
[01:58:46.200 --> 01:58:47.200] Randy Kelton.
[01:58:47.200 --> 01:58:48.200] We're out of time.
[01:58:48.200 --> 01:58:49.200] See you next week.
[01:58:49.200 --> 01:58:50.200] Bye.
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