ROL_2019-06-07_16k_Hr1-2.timecode

[00:00.000 --> 00:05.840]  The following news flash is brought to you by The Low Star Lowdown, providing the Delhi
[00:05.840 --> 00:13.480]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.480 --> 00:21.280]  into the tides of the alternative.
[00:21.280 --> 00:27.480]  Markets for Wednesday, the 6th of February, 2019, open with gold at $1,313.70 an ounce,
[00:27.480 --> 00:34.960]  silver at $15.77 an ounce, copper at $2.83 an ounce, oil at Texas Crude at $3.66 a barrel,
[00:34.960 --> 00:40.280]  Brent Crude at $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin
[00:40.280 --> 00:54.160]  at $3,401.64, Ripple at XRP at $0.29, Ethereum at $10.10, and Eos at $2.32 of crypto coin.
[00:54.160 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.560]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.560 --> 01:09.560]  was passed by Parliament.
[01:09.560 --> 01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today, requesting that a federal
[01:14.240 --> 01:18.960]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:18.960 --> 01:19.960]  to vote.
[01:19.960 --> 01:24.600]  The lawsuit was compiled after an 11-month-long investigation by the Office of the Texas Secretary
[01:24.600 --> 01:29.440]  of State and the Texas Department of Public Safety, which sought to identify non-U.S.
[01:29.440 --> 01:33.320]  citizens who were registered to vote when obtaining age-arbitralizations.
[01:33.320 --> 01:37.040]  Over half of the 95,000 did indeed vote, it seems.
[01:37.040 --> 01:41.040]  However, further controversy was raised when it became clear that some of the names were
[01:41.040 --> 01:45.600]  not in fact belonging to those who were non-citizens and registered.
[01:45.600 --> 01:50.840]  Only around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.200]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.200 --> 01:57.040]  with proof of eligibility.
[01:57.040 --> 02:01.200]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.200 --> 02:08.960]  yet to officially comment regarding this list and any updates pertaining to it.
[02:08.960 --> 02:14.360]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.360 --> 02:16.920]  a vape pen exploded while he was using it.
[02:16.920 --> 02:20.640]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.640 --> 02:24.240]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.240 --> 02:30.440]  The vape store's smoke and vape DZ has refused to comment.
[02:30.440 --> 02:35.200]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.200 --> 02:40.160]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.160 --> 02:44.560]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.560 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.480]  You can find the interview at kiiitv.com.
[02:51.480 --> 03:19.480]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:19.480 --> 03:46.160]  Okay, howdy, howdy, Randy Kelton.
[03:46.160 --> 04:10.920]  Howdy, howdy, howdy, howdy, howdy.
[04:10.920 --> 04:20.560]  started with Brett speaking to some of his observations based on his experience with
[04:20.560 --> 04:28.720]  taking on the system. And I thought they were interesting observations because they were
[04:28.720 --> 04:37.520]  observations I had never made and should have. Brett, will you start that again what we spoke
[04:37.520 --> 04:51.480]  about last night about 2714 and the nine people we meet, we encounter? Sure. Yeah, my experience I'm
[04:51.480 --> 05:00.840]  sure is a lot smaller perspective than somebody who's been in this for so many years but my
[05:00.840 --> 05:09.880]  perspective is predictable. It's a pattern I'm seeing as we go from one, you know, I've been
[05:09.880 --> 05:14.920]  involved with a county where the sheriff and his deputies deal with you. I've been involved with
[05:14.920 --> 05:22.400]  municipal cop trying to do something and I've been involved with the DPS officer. So and I'm
[05:22.400 --> 05:31.600]  there are kind of three different sets of actors I guess you would say and yet there are patterns
[05:31.600 --> 05:40.440]  that are consistent across the way they all behave and the way they try to skip steps and you
[05:40.440 --> 05:47.400]  don't notice it right away until you dig deep into all this boring stuff and find out the law is
[05:47.400 --> 05:53.240]  there to protect us and the law is really has a lot of great protections of our rights and yet
[05:53.240 --> 06:01.160]  they tend to want to skip and I don't know judicial efficiency or whatever but they use this
[06:01.160 --> 06:08.280]  particular one this 2714 that's the Texas Code of Criminal Procedure you want to go ahead and pull
[06:08.280 --> 06:14.680]  it up the Texas Code of Criminal Procedure is 27.14 and it's subsection D that we're going to be
[06:14.680 --> 06:24.240]  looking at. While I'll give people time to pull that up and on their own computers but while
[06:24.240 --> 06:30.920]  you're doing that let me just go through the nine people or parties that you would typically run
[06:30.920 --> 06:41.760]  into let's say let's say that it's a small to medium-sized town police officer giving you a
[06:41.760 --> 06:49.440]  speeding ticket maybe another officer or two that's there for backup then a court clerk whenever
[06:49.440 --> 06:55.680]  you show up like the citation demands that you show up probably a prosecuting attorney is there at
[06:55.680 --> 07:03.000]  the courtroom too and there should have been a magistrate there to meet you but there never is
[07:03.000 --> 07:11.920]  and then there's also another absent party which is anyone lawfully authorized to have commenced
[07:11.920 --> 07:20.040]  that criminal case and they weren't there either then you have the court staff sending you mail
[07:20.040 --> 07:25.800]  saying that you have a trial coming up and we talked about all of these we looked at them a
[07:25.800 --> 07:30.760]  little bit just touched on them at least last night and the ones we didn't get to is after
[07:30.760 --> 07:35.720]  the court staff sends you something in the mail saying that you have a trial coming up well then
[07:35.720 --> 07:42.960]  you run into the judge who finds you guilty that's what he does and he wants to know if you'll be
[07:42.960 --> 07:50.040]  paying today or within 30 days and then finally you have the ones who receive the report of your
[07:50.040 --> 07:59.040]  guilty conviction and that's the ethereal nebulous cloud of Texas Department of Public Safety and
[07:59.040 --> 08:06.280]  their driver responsibility program and the lawyers that they hire which is the municipal
[08:06.280 --> 08:12.640]  service bureau law firm that they use for collections and all those other agencies that
[08:12.640 --> 08:18.200]  are in the non-resident violator compact everybody's getting notified that's kind of the cloud of
[08:18.200 --> 08:26.120]  of where the guilty conviction ends up rippling out to so that's the nine parties
[08:26.120 --> 08:34.960]  that we could look at Randy do you want to kind of walk through the whole process of what should
[08:34.960 --> 08:40.240]  happen do you want to walk through the process of what typically happens what do you think might
[08:40.240 --> 08:47.640]  be a good way to approach this well probably most everyone has some experience with what
[08:47.640 --> 08:55.440]  actually happens you get a citation the officer asks you to sign the citation as a promise to
[08:55.440 --> 09:06.160]  appear mm-hmm what he doesn't tell you is that he is commanded if he arrests you for a traffic
[09:06.160 --> 09:17.200]  citation to take you directly to the nearest magistrate 543.002 however in lieu of taking you
[09:17.200 --> 09:25.040]  directly to a magistrate he can allow you to sign the citation as a promise to appear and we
[09:25.040 --> 09:30.480]  have a lot of people out there objecting to signing that's the citation we have some patriot
[09:30.480 --> 09:37.560]  mythology out there about how you are you sign the citation you're entering into a contract with
[09:37.560 --> 09:46.000]  the state and that's true you are but they tend to imply that if you enter into a contract with
[09:46.000 --> 09:53.720]  the state of any nature you grant the state absolute unconditional total control of your
[09:53.720 --> 10:06.200]  entire life in perpetuation horse manure it is in a contract wherein you agree to appear either
[10:06.200 --> 10:15.120]  on a certain day at a time or on a before a certain day in time that's the extent of the
[10:15.120 --> 10:25.360]  contract right in that case he can release you and then when you appear at court what statutes
[10:25.360 --> 10:39.960]  and due process commands is that the magistrate not simply take the word of the accuser but that
[10:39.960 --> 10:48.720]  the magistrate hold an examining trial you see the magistrate is not the judge well he may be a
[10:48.720 --> 10:55.320]  judge but at this point in time he's not sitting in the capacity of a judge he's sitting in the
[10:55.320 --> 11:01.280]  capacity of a magistrate and a magistrate can only do three things they can marry people
[11:01.280 --> 11:08.840]  instead of make a few extra bucks they can make a determination of probable cause and issue an
[11:08.840 --> 11:16.920]  order under sixteen point one seven texas go to ground procedure and they can set bail it should
[11:16.920 --> 11:27.960]  be noticed I said they can set bail not bond I just got an email from someone about they
[11:27.960 --> 11:34.960]  sent me a bond form and said he took him six trips down there to get a bond form they would accept
[11:34.960 --> 11:47.760]  and I responded saying that's about your crapola there is no statutory bond there is a constitutional
[11:47.760 --> 12:00.240]  statutory bail but not bond bond is an option in lieu of bail but they ignore all of that and
[12:00.240 --> 12:11.240]  instead of a magistrate being present you'll either find a clerk or if it's a specific date
[12:11.240 --> 12:17.880]  in time you'll you'll probably find a prosecutor attorney if you go down and there's a clerk the
[12:17.880 --> 12:31.320]  clerk will ask you to take a plea naughty naughty naughty that clerk is not a judicial officer only
[12:31.320 --> 12:41.720]  judicial officers can take please the clerk cannot take a plea from a defendant but they do this
[12:41.720 --> 12:48.280]  because it serves administrative convenience and adjudicated expediency kind of streams lines the
[12:48.280 --> 12:57.400]  process and that would be kind of like one of those chickens on the Tyson plant wait say that
[12:57.400 --> 13:02.680]  again would that be kind of like streamlined like one of those chickens that goes to the Tyson
[13:02.680 --> 13:10.560]  conveyor belt yeah kind of like that if you ever been to the packing plant and saw a making
[13:10.560 --> 13:17.640]  baloney it's kind of like that they got this big conveyor belt with all sorts of pieces of meat
[13:17.640 --> 13:24.400]  and they're just scooting right along I kind of feel like that when I go down there and stand in
[13:24.400 --> 13:31.800]  their lines well you go before the you good if you go for the clerk then she'll set a and you
[13:31.800 --> 13:40.240]  don't plead you plead anything other than guilty or no look contending I plead innocent as the
[13:40.240 --> 13:48.520]  driven snow and they didn't like that but then they will set a hearing date and you come in for
[13:48.520 --> 13:55.200]  that hearing date and for the most part there's not a judge there sometimes there is and I have
[13:55.200 --> 14:02.240]  been in courts that actually if you didn't want to talk to prosecutors you go and talk to the to
[14:02.240 --> 14:08.040]  the judge hide-and-park was that way and the first thing the judge said well Mr. Kelton how do
[14:08.040 --> 14:14.800]  you plead and I told him I'm not here to plead I'm here for an examining trial and that got
[14:14.800 --> 14:23.640]  really interesting so the magistrate was actually there but he did not know he was a magistrate
[14:23.640 --> 14:31.800]  he thought he was a judge that's because they never do what the law commands and I made the
[14:31.800 --> 14:39.240]  argument to him you know he said that you don't have a right to an examining trial in the matter
[14:39.240 --> 14:48.200]  of a misdemeanor and I said so what what does that have to do with anything it's actually not even
[14:48.200 --> 14:58.680]  true it's a particular right that's guaranteed to somebody who's in a felony situation that they
[14:58.680 --> 15:05.920]  get to have an examining trial in there in a certain county even if they already came out
[15:05.920 --> 15:12.040]  of juvenile court and had the equivalent of an examining trial over there in a different county
[15:12.040 --> 15:18.200]  or even if they got taken to a magistrate some of like when the cop you were like you were
[15:18.200 --> 15:23.920]  mentioning the cop has to take you to a magistrate well if the magistrate he took you to was the
[15:23.920 --> 15:29.160]  nearest one and it was across a county line and what they're accusing you of is a felony when
[15:29.160 --> 15:35.640]  you get you have a right it's guaranteed you have a right to according to the chapter 16 there
[15:35.640 --> 15:42.760]  that they always keep quoting you have a right in a felony situation to take it to your county
[15:43.400 --> 15:53.080]  and get another examining trial what 1601 says is you have a right to an examining trial before
[15:53.080 --> 16:01.640]  indictment it doesn't say that you necessarily have to have a right to an examining trial
[16:01.640 --> 16:13.640]  but that examining trial is not held as a matter of right it's held as a matter of statute so it
[16:13.640 --> 16:20.280]  doesn't go to a right it doesn't make any difference whether you have a right or not and this is the
[16:20.280 --> 16:27.720]  argument I made to the judge this is due process the law commands you to do this thing and that
[16:27.720 --> 16:35.720]  amounts to due process and due process is something I have a right to and he commented that he
[16:35.720 --> 16:41.000]  represented criminal clients and he could use that argument in court hang on Randy Kelton
[16:41.000 --> 16:57.640]  Brett Franton we'll have our radio we'll be right back
[17:01.240 --> 17:05.640]  rule of law radio is proud to offer the rule of law traffic seminar in today's america we live in
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[19:20.040 --> 19:29.800]  oh
[19:38.040 --> 19:43.160]  it's standing like it's out of control on the edge of the hole inside a deep dark
[19:43.160 --> 19:50.920]  hole i'm always on the lookout but something this is my style
[19:50.920 --> 20:00.920]  so i sit back and i watch the ever-dancing fall and i see justice is the dog
[20:06.280 --> 20:12.840]  okay we are back randy kelton we're at falton rule of law radio and we're talking about due
[20:12.840 --> 20:18.280]  process and we talk about this quite a bit and i got a little bit away from what we what i was
[20:18.280 --> 20:24.760]  trying to do is what they're supposed to do is not what they actually do so you go down to the court
[20:24.760 --> 20:33.480]  you see the clerk she takes a uh a plea and if you plea not guilty she sets a hearing date or
[20:33.480 --> 20:38.440]  they send you a letter noticing you have a hearing date you go to the hearing date and you're always
[20:38.440 --> 20:45.240]  sent to the prosecutor so he can work his magic and make a deal well that's not what they're supposed
[20:45.240 --> 20:52.840]  to do that's just what they do and if you object at all then you get a hairy knuckle bailiff
[20:53.880 --> 20:58.920]  flexing his muscles around you okay pick it up from there
[20:58.920 --> 21:07.880]  here well yeah i can offer kind of a a summary of what i've been learning just in hopes that it
[21:07.880 --> 21:15.400]  can help somebody in their family to just avoid the pain that i and my family have had to experience
[21:16.520 --> 21:23.640]  well when it comes to traffic in texas i've been through the ringer so
[21:23.640 --> 21:36.280]  the the pattern that arises one very common piece of that is this uh shortcut that the
[21:36.280 --> 21:43.880]  prosecutors like to take and the judges go right along with it it's uh but it's our texas code of
[21:43.880 --> 21:52.680]  criminal procedure and it's 27.14 and it's subsection d and that little piece right there
[21:52.680 --> 22:00.760]  is commonly used and abused and the reason i'd like to bring this to light is so that the next
[22:00.760 --> 22:06.200]  time they try to pull this trick on you your loved ones you'll be able to see right through it
[22:06.840 --> 22:20.440]  it's a revenue ruse and and you can call it so to start a first let me just say what is supposed
[22:20.440 --> 22:25.400]  to be in the record if they're gonna if somebody's going to come against you and claim that you are
[22:25.400 --> 22:33.640]  guilty of some kind of crime they have to have certain paperwork in the court before they start
[22:33.640 --> 22:38.440]  talking to you about it and that paperwork is either an indictment or an information
[22:40.200 --> 22:44.680]  now there's a lot of law that backs that up and i guess we can talk about that if you want to but
[22:44.680 --> 22:51.240]  the indictment or the information has to already be in the official court record predating whatever
[22:51.240 --> 22:58.040]  actions they're trying to take against you so there's one other thing and that is a criminal
[22:58.600 --> 23:05.400]  affidavit yes that's the basis of the information so i would strongly encourage people to go and
[23:05.400 --> 23:11.960]  take a look at the criminal procedures in their own state but i'll just tell you in texas for a
[23:11.960 --> 23:17.080]  for a criminal case to begin or to commence they call it in some places in the law they call it
[23:17.080 --> 23:23.720]  commencing the case and the law clearly requires that an indictment or an information must be
[23:23.720 --> 23:30.120]  presented by a county attorney or district attorney or in some counties they're merged
[23:30.120 --> 23:35.880]  together into a role called the criminal district attorney and those documents get presented to a
[23:35.880 --> 23:44.840]  court that has jurisdiction of that particular type of crime so the texas crimes are categorized
[23:44.840 --> 23:51.880]  and assigned to certain courts that handle different kinds of crimes and then once there's
[23:51.880 --> 23:58.600]  an official accusation against someone the proper paperwork gets drawn up by the proper
[23:58.600 --> 24:04.520]  person and presented to the proper court that's called invoking or vesting the jurisdiction of
[24:04.520 --> 24:11.400]  that court in other words it's like the court has uh the jurisdiction of that court is like
[24:11.400 --> 24:18.360]  inert or dormant and it has to be awakened or activated on a case by case basis by the proper
[24:18.360 --> 24:25.880]  paperwork presented by the authorized individual well they would love it if you could skip all
[24:25.880 --> 24:34.440]  that stuff and just let court cases just poof invent themselves and present themselves and
[24:34.440 --> 24:39.800]  activate themselves they would love it if they could skip all that due process and just skip to
[24:39.800 --> 24:47.640]  the part where you pay as fast as possible and that's what 27.14 does for them they get you
[24:47.640 --> 24:54.840]  with the citation they get you to come in there and hurry up and wave all your rights as quickly
[24:54.840 --> 25:02.600]  as possible so here's how that happens and and I'll highlight kind of along the way as we walk
[25:02.600 --> 25:13.000]  through this highlight the discrepancy between what is and what should be what the law says
[25:13.000 --> 25:17.480]  versus what they're what they're doing following policy or trying to get your revenue most
[25:17.480 --> 25:27.320]  efficiently or so forth so you've got what typically happens let's say it's a city cop
[25:27.320 --> 25:32.920]  he he comes up he's generally not riding a motorcycle he generally has not had the dps
[25:32.920 --> 25:39.160]  training and certification that the law requires he generally works for a city that's not even
[25:39.160 --> 25:46.120]  eligible to send its officers for the training and certification necessary let a peace officer
[25:46.120 --> 25:53.640]  can enforce transportation code so he sees doesn't even have any any reason to be bothering you in
[25:53.640 --> 26:01.000]  the first place because he's not he's not the guy he generally sees no crime in progress an actual
[26:01.000 --> 26:08.920]  crime he generally has no probable cause heck he doesn't have reasonable suspicion
[26:08.920 --> 26:17.080]  and well if you're wondering what's the difference about those that's you could look up
[26:17.080 --> 26:21.880]  evidentiary standards and burdens of proof uh there's some different levels some different
[26:21.880 --> 26:26.040]  like setting the bar really high or really low there's different levels of that but he generally
[26:26.040 --> 26:32.840]  has got nothing he pulls you over and he's sometimes he's seen a violation of transportation
[26:32.840 --> 26:42.520]  code sometimes not let's just put the word crime in those air quotes right and but generally he
[26:42.520 --> 26:49.240]  has seen no evidence of any commercial activity you think he knows what the law says setting
[26:49.240 --> 26:57.560]  boundaries for him you think he knows the lawful limits of his own authority no he likely has no
[26:57.560 --> 27:05.720]  idea he's far more likely to have had plenty of training on deadly weapons and mixed martial
[27:05.720 --> 27:14.600]  arts combat with domestic civilian terrorists do you think he knows what kind of activity
[27:15.800 --> 27:22.760]  of yours might be lawful versus unlawful no he really he pretty much has no idea you might
[27:22.760 --> 27:29.480]  as well asking the square root of his grandmother's social security number he can't tell you and for
[27:29.480 --> 27:39.880]  the most part they really don't care that's right so he just got the idea from his instructor or
[27:39.880 --> 27:43.640]  his chief that he should go and write some tickets and then never told him that he doesn't have the
[27:43.640 --> 27:51.080]  authority to do so he runs your plates he accesses your personal information from government databases
[27:51.080 --> 27:58.200]  which means he already knows before he even does anything he knows whether auto insurance is in
[27:58.200 --> 28:04.280]  force or not from the government databases and he already knows whether an arrest warrant has
[28:04.280 --> 28:09.160]  been issued for you or well for the owner or the family member he looks it up based on the car he
[28:09.160 --> 28:15.720]  doesn't necessarily know who's in it and so then he flips on his lights he activates his lights and
[28:15.720 --> 28:22.680]  his sirens he seizes you at your liberty he does not produce an arrest warrant that was signed by
[28:22.680 --> 28:29.960]  a judge to validate that stop he does not produce a search warrant signed by a judge to validate
[28:29.960 --> 28:34.920]  his demand for information documents other evidence that he's going to use against you
[28:37.080 --> 28:45.400]  he does not act like he's ever read the constitution or understand what the constitution
[28:45.400 --> 28:50.600]  prevents all of this search and seizure prohibits it article one section nine
[28:52.360 --> 28:58.200]  he tries to make you give evidence against yourself for something anything he acts like he
[28:58.200 --> 29:05.560]  doesn't know that the constitution prohibits that explicitly somebody cannot be compelled to give
[29:05.560 --> 29:11.240]  evidence against himself that's article one section ten he acts like he doesn't know about that
[29:11.240 --> 29:21.400]  oh wait he's not faking it he really doesn't know so he demands your license he demands
[29:21.400 --> 29:27.240]  proof of insurance while he's leaning over there and looking at your registration inspection sticker
[29:28.440 --> 29:33.560]  he never mentions which crime he supposedly has probable cause to believe that you committed
[29:33.560 --> 29:42.280]  he never mentions that this arrest he is doing is what he would really rather call an investigative
[29:42.280 --> 29:50.440]  detention but the law categorizes it as an arrest he never uses that detention to actually
[29:50.440 --> 29:57.800]  investigate a crime he goes on a fishing expedition he might tell you he can arrest you for failure
[29:57.800 --> 30:06.760]  to identify yourself thousands of florida motorists convicted of dui may very well have been driving
[30:06.760 --> 30:11.720]  under the blood alcohol image of dr kathryn albrecht and i'll be back with a tale of bad
[30:11.720 --> 30:17.960]  breathalysers and a government cover-up in a moment privacy is under attack when you give
[30:17.960 --> 30:23.240]  up data about yourself you'll never get it back again and once your privacy is gone you'll find
[30:23.240 --> 30:29.320]  your freedoms will start to vanish too so protect your rights say no to surveillance and keep your
[30:29.320 --> 30:35.240]  information to yourself privacy it's worth hanging on to this public service announcement is brought
[30:35.240 --> 30:41.560]  to you by start page dot com the private search engine alternative to google yahoo and ving start
[30:41.560 --> 30:48.920]  over with start page ever hear the term fine farming it's when cops find innocent people to
[30:48.920 --> 30:54.680]  bring in revenue and it's apparently big business in the sunshine state of florida this case involves
[30:54.680 --> 31:00.840]  breathalysers used to convict thousands of florida motorists for dui violations recently reporters
[31:00.840 --> 31:05.800]  discovered that the devices were improperly calibrated state officials knew about it for
[31:05.800 --> 31:10.920]  two and a half years but did nothing in fact the head of florida's breath testing program
[31:10.920 --> 31:16.920]  ordered inspectors not to document the problem a dui conviction can ruin somebody's life but
[31:16.920 --> 31:21.560]  now that the cover-up has been exposed perhaps florida drivers can breathe a bit easier
[31:22.280 --> 31:26.440]  i'm dr kathryn albrecht more news and information at kathryn albrecht dot com
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[32:58.760 --> 33:06.200]  mean i actually be kidding about chem trails you're listening to the logos radio network
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[33:33.480 --> 33:43.320]  okay we are back randy kelton wet felton real law radio and on this friday the seventh day of
[33:43.320 --> 33:58.360]  june 2018 no friday june the 7th 2019 there we go i'm old i get confused what year is it
[33:58.360 --> 34:06.840]  my mom was right that they keep going faster and faster and i told her if this keeps up i'm
[34:06.840 --> 34:12.440]  going to get a speeding ticket okay well where were we when we dove off the cliff
[34:14.440 --> 34:20.520]  i have a lady i was at work today and a lady asked it was talking about a speeding ticket and asked
[34:20.520 --> 34:27.000]  me uh if i knew anything about that well hey so i told her well yeah in texas there's no such thing
[34:27.000 --> 34:32.600]  as a speeding uh a fence well there is but you would have to have a collision what
[34:35.240 --> 34:39.400]  we might i can tell you more about that in a minute but we so we were talking about the
[34:39.400 --> 34:44.360]  policeman and and what he typically does and what he typically doesn't know and how he tends to
[34:46.440 --> 34:53.960]  skip to the things that he's not allowed to do and and like he wants to say
[34:53.960 --> 35:00.520]  that he can arrest you for failure to identify yourself for example and he acts like he doesn't
[35:00.520 --> 35:07.960]  know that in texas the failure to identify a fence only applies after someone is lawfully
[35:07.960 --> 35:15.240]  arrested that's how it's defined so he must not realize that that's circular logic you have to
[35:15.240 --> 35:21.000]  be already arrested before you're required to identify yourself so how could failure to id
[35:21.000 --> 35:29.720]  be be an arrestable offense well anyway most of these city cops i imagine they're good people
[35:29.720 --> 35:35.560]  well you know i can't say for sure but in my experience there's some bullies and punks here
[35:35.560 --> 35:43.000]  in there but a lot of them are just fine upstanding men and women and they're they're just ignorant
[35:43.000 --> 35:47.800]  they don't know the law they're decent people but they're clueless they didn't set out to
[35:47.800 --> 35:54.520]  violate our rights it only turned out that way because they signed up for a system that is dead
[35:54.520 --> 36:01.960]  set on following policy and like you said prosecutorial efficiency instead of following the law that
[36:01.960 --> 36:09.320]  we the people gave them to follow and uphold our our elected representatives in the legislature
[36:09.320 --> 36:14.120]  gave some really good laws for us and it protects our rights but they don't know those laws all they
[36:14.120 --> 36:19.560]  know is whatever the instructor told them here's how you write tickets and so you know try to trick
[36:19.560 --> 36:24.760]  the person into giving you some evidence because face it when you flipped on your lights you had
[36:24.760 --> 36:28.600]  nothing buddy so you better get to chatting with them so that they can tell you something hey do
[36:28.600 --> 36:34.280]  you know how fast you were going do you realize how dim that light bulb is on your license plate
[36:34.280 --> 36:41.640]  back there on that bumper did you know that you've got a blinker out on the right side over there
[36:41.640 --> 36:47.240]  yeah he asks if he if you know why he pulled you over because he wants to get you talking
[36:47.960 --> 36:52.440]  he wants to get you to say something that sounds like you're guilty he asks you where
[36:52.440 --> 36:57.400]  you're going oh well it sounds like that's just chatty conversation right small talk
[36:58.360 --> 37:02.760]  whatever you say wherever you're going he's going oh that's a known drug destination
[37:04.680 --> 37:08.840]  wherever you're coming from where you're coming from and you're like oh i'm just going from work
[37:08.840 --> 37:17.080]  over there in fort worth oh that's a known drug source so he asks if he saw you he says he saw
[37:17.080 --> 37:22.120]  you weaving asked if you've had anything to drink or asks if you were texting somebody have you been
[37:22.120 --> 37:26.840]  on the phone he asks if you have anything dangerous in the vehicle or if you have anything illegal
[37:26.840 --> 37:30.440]  in your trunk or if you don't mind him looking because if you don't have anything to hide and
[37:31.160 --> 37:35.160]  he says he smells marijuana or whatever he wants you to step out of the vehicle because
[37:35.160 --> 37:41.640]  he's going to have to search it incident to arrest all of that stuff is to try to get you
[37:42.680 --> 37:45.160]  to admit something that he didn't have before
[37:48.920 --> 37:49.160]  so
[37:51.640 --> 38:00.680]  how should we act rule number one is record your interactions with them i hear randy
[38:00.680 --> 38:08.680]  saying this all the time telling people did you record this no well i want you to take that phone
[38:08.680 --> 38:15.080]  and beat yourself around the eyes and ears and he's right you have to record these things you
[38:15.080 --> 38:22.520]  have to have a record whether you use a go pro or a handheld audio recorder use your phone tablet
[38:22.520 --> 38:30.040]  whatever dash cam spy cam randy had a spy cam last night just record make sure you record it record
[38:30.040 --> 38:38.920]  it with more than one thing if you can one of the funniest shows we had was where we i had told
[38:38.920 --> 38:45.240]  people carry two recorders because and show them the first one and when they asked you to turn it
[38:45.240 --> 38:53.960]  off turn it off it there's something about that when you turn off that first recorder it tells them
[38:53.960 --> 39:01.080]  them now you're free to say anything you want to and in this show as a guy from new york
[39:01.880 --> 39:10.520]  we played on the air the audio of the police trying to figure out how to erase the audio
[39:10.520 --> 39:20.520]  on the first recorder it's perfect that was a hoot uh also art patent went in to see the
[39:20.520 --> 39:26.120]  district attorney because they were trying to file complaints in this is ashville north carolina
[39:27.480 --> 39:33.240]  file complaints with the grand jury and they told them to turn the recorder off so he turned it off
[39:33.960 --> 39:39.560]  well they had three more going they didn't tell them about those and the assistant district attorney
[39:39.560 --> 39:46.200]  said about and letting them know if you try to get to the grand jury again we will arrest you
[39:46.200 --> 39:55.560]  you see this man here as far as this county is concerned he's god nobody gets to the grand jury
[39:55.560 --> 40:02.840]  except by him we played that on the air and two weeks later the your district attorney resigned
[40:03.640 --> 40:07.320]  now we don't know if it was because of that but we'd like to think it was
[40:07.320 --> 40:15.480]  or it sure seems likely so once you turn that first one off they tend to get real mouthy
[40:20.920 --> 40:29.960]  okay on we go okay the policeman we get past him he's just trying to get information
[40:29.960 --> 40:35.800]  always he's trying to get information he can use against you yeah so what do you want to do about
[40:35.800 --> 40:42.760]  that you mostly want to just keep your mouth shut zero chat chat you don't answer questions
[40:42.760 --> 40:53.720]  you ask questions am i suspected of a crime what you do is you shut up you shut up and you keep
[40:53.720 --> 41:05.800]  shutting up yeah you're asking am i suspected of a crime why did you pull me over you're asking them
[41:05.800 --> 41:10.680]  for information it's not their norm they don't they don't tend to start out that way they want
[41:10.680 --> 41:15.960]  you to answer their questions but you just tell i don't want to talk may i please leave
[41:15.960 --> 41:22.360]  am i under arrest right now ask them do you have a business card
[41:23.880 --> 41:30.360]  no you're i hold up my hand and rub my finger thumb and fortune you together
[41:31.080 --> 41:34.680]  they know what that means card card
[41:36.840 --> 41:39.880]  and most of them tell me they don't have one right
[41:39.880 --> 41:48.600]  okay so you you'd be polite and friendly even you'd be considerate regarding his concern for
[41:48.600 --> 41:54.280]  his own safety which is ironic considering he's over there with how many deadly weapons strapped
[41:54.280 --> 42:01.400]  all over him but uh you don't try to educate him and you make sure that if he's ordering you to do
[42:01.400 --> 42:05.960]  something demanding that you do something you you comply with that but you don't offer any extra
[42:05.960 --> 42:13.720]  because whatever you offer they'll consider that as consent and then they don't have to have a search
[42:13.720 --> 42:19.720]  warrant or whatever it is that he's asking you to do yes if they asked to search your vehicle
[42:19.720 --> 42:27.400]  absolutely not and if they say well if you uh you don't have anything you need in there you
[42:27.400 --> 42:37.720]  have nothing to fear oh yes i do i have to fear you i don't know what you've got tucked between
[42:37.720 --> 42:42.680]  your fingers that you're going to drop under my seat well what makes you think we do that
[42:42.680 --> 42:52.040]  oh i watch youtube all the time so then let's move over to the backup officer you sometimes
[42:52.040 --> 42:58.600]  you'll have a backup officer sometimes too um depending on how irritated they are with you
[42:58.600 --> 43:03.480]  they might we had my last traffic kick and i got they called in six of them they had them
[43:03.480 --> 43:08.840]  all over the place flashing lights everywhere and people swarming around they didn't quite make it
[43:08.840 --> 43:15.080]  to seven that would have been a penal code definition of a riot but they had six anyway
[43:15.080 --> 43:21.320]  the backup officer being a peace officer he's responsible to help you out he's supposed to
[43:21.320 --> 43:29.960]  stop the attack from the first officer and the official has knowledge that a crime has
[43:29.960 --> 43:35.720]  been committed by a police officer it's his duty not to protect you but to prevent crime
[43:37.560 --> 43:44.840]  and there's nothing i like better than to call 911 on the police hang on about to go to break
[43:44.840 --> 43:52.840]  randy kelton google law radio call in number five one two six four six nineteen eighty four
[43:52.840 --> 43:53.880]  we'll be right back
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[45:59.320 --> 46:10.760]  law easy
[46:10.760 --> 46:30.360]  okay we are back randy kelton brett fountain radio and okay go ahead brett
[46:32.440 --> 46:39.000]  yeah so i'm the backup officer let's try to finish up this segment cuz i don't finish out the hour
[46:39.000 --> 46:51.480]  okay so anybody that's not just a cop but anybody that sees felony criminal conduct going on
[46:52.920 --> 46:57.720]  and does nothing about it they're responsible for it according to the texas penal code so when
[46:57.720 --> 47:04.280]  you have a backup officer over there you call 911 and they don't help you they are criminally
[47:04.280 --> 47:11.480]  responsible according to the way that the texas penal code is written that's on them so you can
[47:12.200 --> 47:17.560]  turn your head over to the backup officer they'll usually try to stand in some tactical position
[47:17.560 --> 47:21.080]  where you can't see them but you have to turn around and just ask for their help would you
[47:21.080 --> 47:25.240]  please help me are you seeing what this guy is doing could you please get this bulldog off of me
[47:25.240 --> 47:35.640]  yeah i did ask a judge to do that once and uh i was uh brett's part of his issues were out of
[47:35.640 --> 47:47.000]  crumby texas i got pulled over by an officer in crumby texas and uh i was we we got to talking
[47:47.000 --> 47:56.120]  and he was pretty open and uh i made some comments and he said you sound like another guy i pulled
[47:56.120 --> 48:06.280]  over he said uh it was his name scott richerson he said no no that wasn't it uh brett fountain yeah
[48:06.280 --> 48:14.920]  that was him that was him well in the in the conversation he started getting a bit uh irritated
[48:14.920 --> 48:21.640]  with me so i pulled out my cell phone i need you to put that cell phone down while i'm talking to
[48:21.640 --> 48:28.120]  you you need to do no such thing you are getting agitated and you've got a pistol on your hip and
[48:28.120 --> 48:34.200]  you're making me nervous i'm a concern that i need to call 911 and get an officer out here
[48:34.200 --> 48:44.360]  to get you under control do i he took a deep breath no mr kelton you do not need to call 911
[48:45.000 --> 48:51.640]  and that was it we didn't want we have more problems he rolled me a ticket and i've had so
[48:51.640 --> 48:56.360]  much fun with crumby texas we'll tell that story another time
[48:56.360 --> 49:06.120]  okay so the backup officer has a responsibility he thinks he's there to protect his buddy but
[49:06.120 --> 49:12.040]  really he's there to prevent crime and so you can ask for that you could also appeal to their
[49:12.040 --> 49:17.240]  humanity hey you signed up to help people didn't you you wanted to become a peace officer are you
[49:17.240 --> 49:23.880]  scared to help me because of what he would do to you you're not going to let him get away with this
[49:23.880 --> 49:31.080]  are you you know appeal to him in a way that's not maybe what they typically hear so anyway
[49:31.080 --> 49:36.920]  that's the backup officer let's move forward now to the part where they've issued you a ticket
[49:36.920 --> 49:41.960]  and on the citation it tells you that you have to show up within the next number of days they usually
[49:41.960 --> 49:47.480]  say honor before even though the law says that it needs to be a specific date and time i was gonna
[49:47.480 --> 49:53.560]  say date and time certain you're supposed to show up at the court because according to the law
[49:53.560 --> 49:57.960]  the understanding is that you're gonna go and meet a magistrate of course they're not planning to
[49:57.960 --> 50:02.440]  have you meet a magistrate they just want you to show up during business hours and go talk to their
[50:02.440 --> 50:09.960]  staff anyway so you go to the court clerk that's the next thing this is the court clerk and like
[50:09.960 --> 50:15.640]  like randy was saying a minute ago they impersonate a judicial officer to hold an arraignment
[50:15.640 --> 50:22.520]  so that court clerk oh by the way just go immediately to the courtroom
[50:25.240 --> 50:31.000]  just as soon as you get that citation don't wait until it says if it says honor before 30 days
[50:31.000 --> 50:36.680]  don't wait until the 29th day go right away i mean go home first if you have to pick up your
[50:36.680 --> 50:41.160]  recorders they all they're all died and you need to do batteries or something go pick them up but
[50:41.160 --> 50:46.600]  go straight to the city court or the courtroom say that you're there for an examining trial
[50:47.160 --> 50:55.080]  ask them to see the magistrate now they're going to give you this blank look what plans are you
[50:55.080 --> 51:02.280]  from what what do you mean you want to talk to a magistrate they don't get that so you act surprised
[51:02.280 --> 51:06.760]  but you're still polite and thankful when they tell you that there's no magistrate available
[51:06.760 --> 51:12.840]  you're never going to get an examining trial what you need to do is sign this waiver over here
[51:12.840 --> 51:20.200]  and request a trial no don't do it don't sign their waiver and and say they tell you well
[51:20.200 --> 51:25.000]  the only way you're going to be able to talk to a judge is if you set your case for trial
[51:26.360 --> 51:35.320]  don't sign that paper that is connected to the 27.14 subsection d that i was referring to earlier
[51:35.320 --> 51:44.280]  that takes away all your rights you sign them away in one moment and you allow them by your signature
[51:45.320 --> 51:52.680]  to proceed as if a case had already been started and you already know what it's about you already
[51:52.680 --> 51:59.880]  understand the charges and you already agree with it and you agree it even says that once
[51:59.880 --> 52:09.480]  you sign that the judge can find you guilty with or without evidence against you he can even decide
[52:09.480 --> 52:14.280]  that well you know what yeah i think we're just going to call him guilty there's no evidence but
[52:14.280 --> 52:21.400]  yeah guilty they you get they get to skip a lot of steps if you sign that request for trial
[52:22.040 --> 52:27.400]  instead just ask them to see the file i'd like to see the entire case file please
[52:27.400 --> 52:33.800]  please i want to see the official court records of this case now they don't have anything in that
[52:33.800 --> 52:38.120]  court record yet they might have the citation if they're really quick with all their digital
[52:38.120 --> 52:44.120]  synchronization but they don't have any course court case commencement paperwork
[52:44.920 --> 52:48.600]  indictment or information doesn't exist and they don't have a complaint
[52:49.960 --> 52:53.880]  they probably don't even have the citation if you went straight over to the courtroom
[52:53.880 --> 52:59.160]  so you asked to see the file and you act all surprised when they tell you well there's nothing
[52:59.160 --> 53:04.040]  in the file there's a case number but it's uh it's just pending there's no documents in it yet
[53:07.320 --> 53:13.000]  my question to Williamson county when there was no complaint in the record
[53:13.000 --> 53:23.640]  how did you initiate a criminal case when no one has ever accused this person of crime
[53:24.680 --> 53:31.160]  well we have this affidavit here i understand that but that affidavit is not a criminal complaint
[53:32.440 --> 53:36.920]  in the state of texas a criminal complaint must run in the name of the state of texas
[53:36.920 --> 53:45.640]  and it must begin with i have reason to believe and do believe based on the following
[53:46.760 --> 53:52.600]  this one doesn't talk that way so this can't be a criminal complaint how did you initiate
[53:52.600 --> 53:55.400]  a prosecution oh they got to hop in up and down
[53:58.360 --> 54:00.120]  yeah that's a question they can't answer
[54:01.880 --> 54:06.280]  and the last time i went to a clerk the way you're saying i went to me i was it was in south
[54:06.280 --> 54:10.840]  lincoln i went immediately the clerk says well i don't have any paperwork on you yet
[54:12.360 --> 54:20.200]  your problem not my problem oh you'll have to come back no i won't have to come back i have
[54:20.200 --> 54:27.400]  completed my contractual agreement with this court exactly if you don't have your paperwork ready
[54:27.400 --> 54:38.120]  your problem not my problem and i left and then you shoot a warrant
[54:39.880 --> 54:44.120]  okay while you're there you can uh you can ask them you know about if they have the citation
[54:44.120 --> 54:49.000]  you can ask them how they got it you can ask them who brought it to the court you can ask them
[54:49.000 --> 54:53.320]  how did it get entered into the record you got your recorder going so these are you asking these
[54:53.320 --> 55:01.080]  things how did it get entered into the record by whom and you go ahead and while you're there you
[55:01.080 --> 55:05.160]  ask them for the official full name of the court all spelled out the name of the county you're
[55:05.160 --> 55:09.560]  going to need these things when you stand up against them and it's easier to just go ahead
[55:09.560 --> 55:16.200]  and ask them right away instead of trying to figure it out later listen i have that issue addressed
[55:16.200 --> 55:25.000]  in a habeas corpus i filed in the tom delay case tom delay speaker of the house the united
[55:25.000 --> 55:31.400]  states house representatives was taken out by ron earle travis county district attorney
[55:32.120 --> 55:39.240]  and nobody ever accused him of a crime there's i have a whole brief in there on the subject
[55:39.240 --> 55:46.840]  you sure you want to get through this in this segment we need you know you can go ahead i'll
[55:46.840 --> 55:50.040]  shut up wait we can we can do it anyway you want to
[55:53.560 --> 56:00.200]  no go ahead go ahead i'll i'll shut up stop interrupting well okay so if you if you're
[56:00.200 --> 56:06.360]  there at the court uh you're asking the court clerk on record i mean on on your audio recording
[56:06.360 --> 56:13.400]  and video if you can get away with it go ahead and ask for the the court fax number as well
[56:14.120 --> 56:17.880]  now they're not going to want to give you that so that'll be pretty much a gimme and when you
[56:17.880 --> 56:22.200]  want to file some criminal complaints against the judge but go ahead and ask for the fax number
[56:22.200 --> 56:28.280]  ask for the court email address yeah the one that's used for e filing because they've got to have one
[56:28.280 --> 56:32.040]  that they use for e filing they don't want to give it to you but you can ask for it
[56:32.040 --> 56:41.160]  and so while you're there there's a bunch of things that you can file you can file a special
[56:41.160 --> 56:49.080]  appearance plead to the jurisdiction that is yes well we step through slowly through these
[56:49.080 --> 56:54.440]  just just say what they each one is special appearance means you're at arm's length to the
[56:54.440 --> 57:04.120]  court you're an accused but you're not a defendant you're you're not inside their jurisdiction you're
[57:04.120 --> 57:10.120]  speaking to the court at arm's length it's a special appearance and the reason for that is
[57:10.120 --> 57:18.680]  because you're filing a plea to the jurisdiction which is a challenge to the lack of invocation of
[57:18.680 --> 57:24.040]  their jurisdiction they have jurisdiction over certain kinds of things but it hasn't been invoked
[57:24.040 --> 57:32.280]  in your case yet and you have to challenge the fact that it was not invoked yes the judge will say
[57:32.280 --> 57:37.720]  well of course i have jurisdiction they say yes you have general jurisdiction over the subject
[57:37.720 --> 57:47.160]  matter but the documentation in the case is insufficient to invoke that jurisdiction exactly
[57:47.160 --> 57:54.600]  so then you could also file an objection to improper venue because the venue depends on the
[57:54.600 --> 58:00.280]  jurisdiction being invoked and how can there be a proper venue for a certain kind of case if the
[58:00.280 --> 58:05.880]  case doesn't exist yet so they're telling you that you're supposed to deal with an issue in their
[58:05.880 --> 58:14.040]  court and there is no issue so that's an improper venue you could get them for that too okay back
[58:14.040 --> 58:22.760]  to go to break randy kelton brett fountain we will use one more segment then we'll go to callers
[58:23.320 --> 58:29.240]  we've got four on the board so we will get to everyone this is randy kelton brett fountain
[58:29.800 --> 58:35.160]  we do a lot of radio our call in number five one two six four six nineteen eighty four
[58:35.800 --> 58:42.040]  and we've got our fundraiser getting started and we're hoping we're going to try to get everybody
[58:42.040 --> 58:47.960]  to just donate a dollar a month we could get everybody to do that we would be taking care of
[58:47.960 --> 58:54.120]  we'll be right back would you like to make more definite progress in your walk with god
[58:54.120 --> 59:00.200]  bibles for america is offering a free study bible and a set of free christian books that can really
[59:00.200 --> 59:05.400]  help the new testament recovery version is one of the most comprehensive study bibles available
[59:05.400 --> 59:10.840]  today it's an accurate translation and it contains thousands of footnotes that will help you to know
[59:10.840 --> 59:17.000]  god and to know the meaning of life the free books are a three-volume set called basic elements of
[59:17.000 --> 59:23.000]  the christian life chapter by chapter basic elements of the christian life clearly presents god's plan
[59:23.000 --> 59:29.480]  of salvation growing in christ and how to build up the church to order your free new testament
[59:29.480 --> 59:36.840]  recovery version and basic elements of the christian life call bibles for america toll free at eight
[59:36.840 --> 59:45.000]  eight eight five five one zero one zero two that's eight eight eight five five one zero one zero two
[59:45.000 --> 59:54.840]  or visit us online at bfa.org live free speech radio logos radio network dot com
[01:00:00.520 --> 01:00:04.360]  the following these flashes brought to you by the low star lowdown
[01:00:04.360 --> 01:00:12.440]  providing your deli bulletins for the commodities market today in history news updates and the
[01:00:12.440 --> 01:00:23.800]  inside scoop into the tides of the alternative markets for wednesday the 6th of february 2019
[01:00:23.800 --> 01:00:32.120]  opened with gold at $1,313.70 an ounce silver $15.77 an ounce copper $2.83 an ounce oil
[01:00:32.120 --> 01:00:39.640]  texas crude $3.66 a barrel brand crude $61.98 a barrel and cryptos in order of market capitalization
[01:00:39.640 --> 01:00:50.520]  bitcoin $3,401.64 ripple xrp 29 cents in theory of $103.10 and eos is at $2.32 of crypto coin
[01:00:53.960 --> 01:01:00.440]  take history the year 1918 british women over the age of 30 who meet minimum property qualifications
[01:01:00.440 --> 01:01:05.960]  get the right to vote when the representation of the people act of 1918 was passed by parliament
[01:01:05.960 --> 01:01:13.160]  today in history and recent news several texas-based organizations filed a lawsuit today
[01:01:13.160 --> 01:01:18.040]  requesting that a federal court stop the state from flagging about 95 000 people as potentially
[01:01:18.040 --> 01:01:23.560]  illegally registered to vote the list was compiled after an 11 month long investigation by the office
[01:01:23.560 --> 01:01:28.680]  of the texas secretary of state and the texas department of public safety which sought to identify
[01:01:28.680 --> 01:01:34.200]  non-us citizens who were registered to vote when obtaining a driver's license over half of the
[01:01:34.200 --> 01:01:39.960]  95 000 did indeed vote it seems however further controversy was raised when it became clear
[01:01:39.960 --> 01:01:45.240]  that some of the names were not in fact belonging to those who were non-citizens and registered
[01:01:45.240 --> 01:01:49.640]  apparently around 25 percent of all latino immigrants become naturalized gaining the right
[01:01:49.640 --> 01:01:55.160]  to vote registered voters who receive letters querying their citizenship have 30 days to respond
[01:01:55.160 --> 01:02:00.360]  with proof of eligibility texas attorney general ken paxton and david witley the texas secretary
[01:02:00.360 --> 01:02:05.640]  of state have yet to officially comment regarding this list and any updates pertaining to it
[01:02:08.920 --> 01:02:14.520]  a texas man of only 24 years old william prown died from a severed artery in his neck after a
[01:02:14.520 --> 01:02:19.400]  vape pen exploded while he was using it it apparently happened in the parking lot of the vape shop
[01:02:19.400 --> 01:02:24.600]  where he got it an x-ray revealed that a piece of metal was embedded in his brainstem the vape
[01:02:24.600 --> 01:02:32.680]  store smoke and vape dz has refused to comment first edition anchorwoman christin Diaz interviewed
[01:02:32.680 --> 01:02:38.040]  aceland campbell the executive director of grow local south texas concerning the upcoming texas
[01:02:38.040 --> 01:02:42.200]  organic farmers and gardeners association conference which will be taken place at the
[01:02:42.200 --> 01:02:48.600]  corpus christi omni hotel from february 14th the 16th 6 to 9 p.m. you can find the interview at
[01:02:48.600 --> 01:02:57.960]  kaiitv.com this is rick roadie with your bow down for february 6th 2019
[01:03:05.240 --> 01:03:08.840]  it's all according to the well of the almighty
[01:03:08.840 --> 01:03:18.200]  me
[01:03:18.200 --> 01:03:29.560]  me
[01:03:30.920 --> 01:03:35.560]  okay we are back randy kelton brett fountain with our radio
[01:03:36.920 --> 01:03:45.560]  and with finishing up on the people you meet at court whether you want to or not
[01:03:45.560 --> 01:03:54.600]  you go ahead brett well so while you're at the court clerk this is your first time to show up over
[01:03:54.600 --> 01:04:02.840]  there and they've they've uh they've tried to put this form in front of you to have you request
[01:04:02.840 --> 01:04:06.360]  trial because they're telling you that's the only way you're going to get to talk with the judge
[01:04:07.000 --> 01:04:14.040]  but you're smart you've read the law you've taken a look at 2714 code of criminal procedure and you
[01:04:14.040 --> 01:04:17.000]  know that form is trouble so you don't sign that one
[01:04:19.000 --> 01:04:24.440]  um you can file like we were talking about a moment ago you can file a special appearance
[01:04:25.000 --> 01:04:29.800]  a plea to the jurisdiction you can file an objection to the improper venue
[01:04:31.240 --> 01:04:38.120]  you can also follow motion to set a fide whatever insufficient document is trying to be used
[01:04:38.120 --> 01:04:44.040]  in place of the actual indictment or information and the sworn complaint on which it was based
[01:04:44.040 --> 01:04:49.880]  you have to have that in the case and if it's not there then you can raise a flag about that
[01:04:49.880 --> 01:04:57.960]  that is a valid plea according to code of criminal procedure 2702 that is a valid plea your plea is
[01:04:57.960 --> 01:05:08.520]  simply to set a fide whatever defective document is trying to be in place of the legitimate paperwork
[01:05:08.520 --> 01:05:13.720]  that's a plea so they can't say you're refusing to plea you you've you've made a plea to the
[01:05:13.720 --> 01:05:17.960]  jurisdiction and you've made a plea a motion to set a fide that's a plea
[01:05:21.000 --> 01:05:27.080]  you could also if you wanted to file a motion to discharge which is really the only legitimate
[01:05:27.080 --> 01:05:34.840]  action that a court without jurisdiction can take they can't do any other actions if they
[01:05:34.840 --> 01:05:41.320]  don't have jurisdiction the only thing they can do is discharge you or show jurisdiction like oh
[01:05:41.320 --> 01:05:47.400]  yeah here's the paperwork it fell between the cabinets and we found it here it is okay let's
[01:05:47.400 --> 01:05:52.360]  they produce that then they can have a case against you but I promise you they can't
[01:05:52.360 --> 01:06:00.600]  so let's talk about this attorney he's also impersonating a judicial officer
[01:06:01.320 --> 01:06:07.960]  and he's trying to obtain a waiver of the rights of the accused which is exactly
[01:06:07.960 --> 01:06:14.600]  opposite to what the Texas Bar rules say that he's allowed to do says he's specifically prohibited
[01:06:14.600 --> 01:06:20.280]  from doing that but I imagine other states have similar bar rules or the American Bar Association
[01:06:20.280 --> 01:06:27.560]  but yeah it specifically prohibits him from trying to obtain a waiver of rights of the accused
[01:06:27.560 --> 01:06:33.880]  but that's what he does day in day out is try to get you to waive your rights he really wants you
[01:06:33.880 --> 01:06:41.080]  to sign that form to waive all your rights so you let him do or her let let them do all of that
[01:06:41.080 --> 01:06:47.560]  judicial impersonation and didn't ask for a business card and you mentioned hey I have yet
[01:06:47.560 --> 01:06:51.480]  to see an indictment or information that commenced this case just like what Randy was saying a
[01:06:51.480 --> 01:06:59.800]  minute ago so you ask him for a copy of the nature and cause of the accusation you have a
[01:06:59.800 --> 01:07:06.040]  constitutional right to see that you ask the attorney for his fact number if it's not on his
[01:07:06.040 --> 01:07:10.680]  business card or if he didn't didn't offer you a business card ask him for his email address
[01:07:10.680 --> 01:07:17.080]  and again he's an attorney he has to have an email address connected with the e-filing system
[01:07:17.080 --> 01:07:19.720]  so he can't tell you he doesn't have one he's an attorney
[01:07:23.160 --> 01:07:27.720]  so you can file with the court of motion to show authority of counsel the Texas Rules of
[01:07:27.720 --> 01:07:34.040]  Civil Procedure there's a rule 12 in there that says that if you believe or if any party believes
[01:07:34.040 --> 01:07:42.920]  that the case is being conducted or prosecuted without authority you just say so in writing
[01:07:42.920 --> 01:07:50.120]  you you swear to it that you believe that and now the burden of proof is on the attorney he
[01:07:50.120 --> 01:07:56.760]  must show authority to prosecute which means he would have to come up with the indictment
[01:07:56.760 --> 01:08:01.400]  and information and the sworn complaint it was based on he would have to come up with all of that
[01:08:01.400 --> 01:08:07.000]  and it better be predated he can't come up with any this stuff ex post facto like after the time
[01:08:07.000 --> 01:08:12.680]  he comes up with it later that's not cool it has to be already there or else he was doing
[01:08:12.680 --> 01:08:19.640]  something without authority so that's worth filing a motion to show authority of counsel
[01:08:21.160 --> 01:08:25.480]  and you can tack on to that emotion you could say or in the alternative strike in dismiss
[01:08:27.560 --> 01:08:33.000]  that way the judge you're asking the judge to do everything that that the law would require him to do
[01:08:33.000 --> 01:08:44.120]  if you want to you could go ahead and serve a discovery request for admissions I like to do
[01:08:44.120 --> 01:08:49.240]  that right away go ahead and ask that because there's going to be a 30-day clock ticking on that
[01:08:49.240 --> 01:08:55.640]  and whatever he doesn't answer he admitted the fact just the way you stated it oh and one other
[01:08:55.640 --> 01:09:05.320]  thing on criminal discovery under the Michael Morton act the prosecution must produce discovery
[01:09:05.320 --> 01:09:13.160]  at least 20 days before trial the last time that didn't happen was in Highland Park and I
[01:09:13.160 --> 01:09:18.600]  noticed the judge that I never received this discovery and Michael Morton act says 20 days
[01:09:18.600 --> 01:09:23.880]  before trial so the prosecutor failed to perform a duty he was quite performing in the process
[01:09:23.880 --> 01:09:31.880]  denied me in a right arrest that prosecutor oh that was so much fun
[01:09:35.720 --> 01:09:41.960]  so you've got discovery for admissions and that's where you make a statement and you the idea is
[01:09:41.960 --> 01:09:47.000]  that you're reducing the scope of what needs to be adjudicated by going ahead and putting something
[01:09:47.000 --> 01:09:54.440]  in writing to say let's say it's about Bob delivering grapefruits that came from David
[01:09:54.440 --> 01:09:59.640]  and you're you're saying you make a statement in there David never gave me any grapefruits to
[01:09:59.640 --> 01:10:07.720]  deliver so you make that a statement of fact and you pitch it to the office of the opposing party
[01:10:08.360 --> 01:10:14.600]  and if it's not if they don't respond to it or refute it within 30 days they've admitted it
[01:10:14.600 --> 01:10:19.960]  and then they can't argue about that part later it just kind of reduces the scope so that's really
[01:10:19.960 --> 01:10:26.440]  good to put some facts in there like whatever applies to your case that would if the if you
[01:10:26.440 --> 01:10:31.320]  heard these words coming out of the attorney other attorneys now then the judge would have to bang
[01:10:31.320 --> 01:10:35.400]  the gavel and call you innocent put those kind of statements into your request for admissions
[01:10:36.440 --> 01:10:40.920]  so yeah let's request for admissions there's also requests for disclosure and production
[01:10:40.920 --> 01:10:47.160]  we won't get into all that right now and we talked about the fact that there's supposed to be a
[01:10:47.160 --> 01:10:54.680]  magistrate there and he's absent we also talked about the fact that there's supposed to have been
[01:10:54.680 --> 01:11:00.920]  somebody who invoked the jurisdiction of that court either the district attorney or county
[01:11:00.920 --> 01:11:06.120]  attorney or criminal district attorney now they're absent too they have not had any involvement at all
[01:11:06.120 --> 01:11:16.280]  so now let's look at the court staff you can get them for all kinds of things if you want to
[01:11:17.400 --> 01:11:24.200]  turn the tables on them and then do you get them for simulation of legal process it's a scan
[01:11:24.200 --> 01:11:33.960]  it's federal mail fraud there's no 2504 documents court the code of criminal procedure 25.04 says
[01:11:33.960 --> 01:11:40.840]  that the court clerk is required to give you the accused a copy of the indictment or information
[01:11:42.360 --> 01:11:49.960]  and they have to do that you have to have that two full days before they go and hang on we
[01:11:49.960 --> 01:12:01.480]  pull that up I think it says two full days before the hearing let's see that is code criminal procedure
[01:12:01.480 --> 01:12:12.680]  and it's 25 chapter 25 it's 2504 says in misdemeanors the clerk shall deliver a copy of the indictment
[01:12:12.680 --> 01:12:18.920]  or information to the accused or the accused counsel at the earliest possible time before trial
[01:12:20.280 --> 01:12:24.280]  so if it gets to the day of trial and they haven't done it then they've committed
[01:12:24.920 --> 01:12:29.160]  official oppression because they didn't do the duty that they had it's specifically saying in
[01:12:29.160 --> 01:12:36.120]  misdemeanors notice it doesn't say here in misdemeanors they should deliver you a copy of the citation
[01:12:36.120 --> 01:12:41.160]  or or a complaint or any other document they're supposed to give you a copy of the indictment
[01:12:41.160 --> 01:12:46.920]  or information in misdemeanors anyway that's what's supposed to happen
[01:12:49.240 --> 01:12:55.320]  so you ask for a copy of it and they won't have it and so you say oh really okay so you've got
[01:12:55.320 --> 01:13:03.640]  that on recording right see what the time is looking like we've got four minutes three okay
[01:13:05.800 --> 01:13:13.320]  so you ask when the judge's schedule has some room for off-docket or walk-in motions hearing
[01:13:14.280 --> 01:13:18.440]  well they might not want to tell you about that but that's handy if they do that they might schedule
[01:13:18.440 --> 01:13:22.440]  so different courts do it different ways but they might have a time scheduled hey every Tuesday
[01:13:22.440 --> 01:13:28.680]  and Thursday at 9 a.m. we take walk-ins so then you can bring your motions to the court and have
[01:13:28.680 --> 01:13:35.320]  them heard right then and that's save you some hassle otherwise they tend to just ignore everything
[01:13:35.320 --> 01:13:40.120]  you put in there until the day they drag you up there and they haven't read anything which is
[01:13:40.120 --> 01:13:50.280]  irritating anyway so you can also ask that several dispositive motions that you filed be set for hearing
[01:13:50.280 --> 01:13:56.280]  and then the court clerk will deal with the judge and figure out a time and they'll put those motions
[01:13:56.280 --> 01:14:03.160]  on for hearing and you need to have the judge rule on those motions dispositive means you've put a
[01:14:03.160 --> 01:14:07.880]  motion in front of the judge that's going to completely do away with the case if he rules on
[01:14:07.880 --> 01:14:13.960]  it a certain way the case could just go away so it would dispose of the case so it's a dispositive
[01:14:13.960 --> 01:14:24.680]  motion let's see you can tell tell the court staff hey i received a trial letter in the mail it looks
[01:14:24.680 --> 01:14:31.480]  like a dire threat i have no interest in appearing and what would happen if i don't appear and they're
[01:14:31.480 --> 01:14:35.720]  going to tell you they're going to issue warrants and whatever so you act like you've been snapped
[01:14:35.720 --> 01:14:42.520]  into line and you appreciate them helping to fill you in and all that so then you've got all that on
[01:14:42.520 --> 01:14:47.320]  recording that that was a threat that they gave you they didn't have any basis for it as you can
[01:14:47.320 --> 01:14:52.280]  show with all your paperwork but they sure did threaten you so then the last one we'll talk
[01:14:52.280 --> 01:14:57.480]  about here before we're not going to talk about the actual last one which would be the nebulous
[01:14:58.360 --> 01:15:04.120]  dps and all those lawyers and reporting to other states and everything but i would like to touch
[01:15:04.120 --> 01:15:13.720]  on the the judge which would be at trial you dress up nice you wear a suit for whatever reason you
[01:15:13.720 --> 01:15:21.880]  get more respect that way you show up early i got actually one my last traffic ticket that i went to
[01:15:21.880 --> 01:15:28.280]  go you know talk with the judge about for a trial there i showed up early i was in a suit and the
[01:15:28.280 --> 01:15:33.080]  prosecutor came out and he started chatting with me and he thought that i was a lawyer i didn't
[01:15:33.080 --> 01:15:40.600]  figure it out right away but he started using some language that i thought well he's talking weird
[01:15:40.600 --> 01:15:46.120]  what is this he's doing everything in third person what is this some legally supposed to impress me
[01:15:46.120 --> 01:15:52.440]  or something and then i realized he's talking to me as if i'm representing the defendant because
[01:15:53.080 --> 01:15:57.960]  everybody comes in looking like trash so you can get more respect if you show up early dress up nice
[01:15:57.960 --> 01:16:04.120]  wear your suit if you don't have a suit dress up as nice as you can so we've got just a few more
[01:16:04.120 --> 01:16:08.440]  seconds here but i would like to mention that make sure you have at least one recording device
[01:16:08.440 --> 01:16:13.640]  going there in the trial more the merrier and don't let the judge get started without first bringing
[01:16:13.640 --> 01:16:19.640]  to his attention you're here at arm's length to the court jurisdiction was never invoked it's been
[01:16:19.640 --> 01:16:26.360]  challenged in writing x days ago there are dispositive pleadings before the court the court
[01:16:26.360 --> 01:16:31.800]  clerk has failed and refused to give you a copy of the indictment or information violating that
[01:16:31.800 --> 01:16:38.680]  2504 so forth go ahead and bring those things up because it's going to be on the record anyway
[01:16:38.680 --> 01:16:47.720]  that's about enough to uh to get us where we need to go for that overview okay we're just about to
[01:16:47.720 --> 01:16:56.120]  go to a break okay this is randy calton breath fountain with our radio we'll be right back
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[01:17:38.600 --> 01:17:43.800]  personal consultation is available as well for more information please visit rule of law radio
[01:17:43.800 --> 01:17:49.400]  dot com and click on the blue michael miras banner or email michael miras at yahoo dot com
[01:17:49.400 --> 01:17:57.240]  that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com
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[01:18:42.600 --> 01:18:48.760]  pesos do i pay extra no do you have to do anything different when i order no can i use my amazon
[01:18:48.760 --> 01:18:55.720]  prime no i mean yes wow giving without doing anything or spending any money this is perfect
[01:18:55.720 --> 01:19:00.040]  thank you so much we are logo happy holidays logos
[01:19:00.040 --> 01:19:11.240]  this is the logos
[01:19:15.240 --> 01:19:17.240]  they're gonna find me
[01:19:20.840 --> 01:19:23.240]  don't call me
[01:19:23.240 --> 01:19:28.440]  well
[01:19:31.560 --> 01:19:40.440]  ain't gonna fool me with that same old trick again i was blindsided but now i can see your
[01:19:40.440 --> 01:19:43.640]  eye
[01:19:50.920 --> 01:19:56.040]  i'm not sure for in uh that was not a good sound
[01:19:58.280 --> 01:20:05.960]  okay we i think we're in i've got two beeps there so i'm not sure if you're hearing me or not
[01:20:05.960 --> 01:20:13.560]  and let me pull up my skype machine and see if i can see our sound going out i cannot
[01:20:14.200 --> 01:20:22.200]  so i'm hoping that we're going out this thing i i get a beep when we come on and a beep when we
[01:20:22.200 --> 01:20:32.680]  go out and i beeped it online and in about five seconds later i got another beep so i'm i'm not
[01:20:32.680 --> 01:20:39.880]  as good at this as debbie as she has tools i don't have where she can be sure if you can't if you
[01:20:39.880 --> 01:20:50.760]  can hear me send me a email and i'll open my email to check we're going to go on as if we are on the
[01:20:50.760 --> 01:21:05.000]  air okay this is uh randy kelton brett fountain and i'm confused we're going to dale in new york
[01:21:05.000 --> 01:21:14.600]  hello dale if dale answers me that means we're on the air hello mr kelton dale are you there
[01:21:14.600 --> 01:21:24.920]  yes i'm here okay good that means we went back on okay what do you have for us today
[01:21:26.360 --> 01:21:32.440]  well we started a discussion about a traffic check that i received a few months ago
[01:21:33.880 --> 01:21:40.600]  and just so you know most people who listen to this show know all about your traffic ticket
[01:21:40.600 --> 01:21:46.360]  i'm sure in excruciating detail
[01:21:48.920 --> 01:21:57.640]  we pick on john all the time and uh the last time he called in i told him we are not talking
[01:21:57.640 --> 01:22:06.120]  about that seat belt ticket again this is different this is the first person that stood
[01:22:06.120 --> 01:22:17.000]  in the third person okay i think we got one of the major things was if the officer made
[01:22:17.720 --> 01:22:25.880]  inconsistent statements to the court now whether they believe he made those inconsistent statements
[01:22:25.880 --> 01:22:34.840]  by accident or just being careless it doesn't make any difference when you get into into court
[01:22:34.840 --> 01:22:44.760]  and you're speaking on the record you cannot have accidents you cannot mistakenly make a proactive
[01:22:44.760 --> 01:22:58.680]  statement of fact so he does he needs to retract it right away right exactly before it becomes evident
[01:22:58.680 --> 01:23:06.040]  that it's fraudulent or it's a perjury once it becomes evident that it's perjury then he
[01:23:06.040 --> 01:23:14.120]  can't retract it even if it's in the same delivery like the officer states that one thing and then
[01:23:14.120 --> 01:23:23.080]  in the process of being questioned he states another thing and in front of everybody he's made
[01:23:23.080 --> 01:23:32.440]  the two statements he can't retract that but if he makes a statement and someone else
[01:23:33.720 --> 01:23:43.000]  testifies to something that will lead to the fact that his earlier testimony was either
[01:23:43.000 --> 01:23:52.600]  a lie or an error before it becomes apparent to everybody he can go to the court and retract
[01:23:55.640 --> 01:24:01.960]  but once it becomes apparent that it's going to come out then you can't it has to be retracted
[01:24:01.960 --> 01:24:13.560]  good say okay so we've got that what happened with this situation was he provided the court for the
[01:24:13.560 --> 01:24:22.120]  signs sworn to affidavits stating clearly that he took the supporting deposition sealed it in an
[01:24:22.120 --> 01:24:31.960]  envelope addressed it to me and mailed it now i asked him if he had any sort of a receipt like a
[01:24:31.960 --> 01:24:38.520]  postal receipt or the green card when you're sending something by certified mail that the party
[01:24:38.520 --> 01:24:46.200]  that receives it asked to sign it he didn't have either one of those things and we got into a deeper
[01:24:46.200 --> 01:24:52.760]  discussion about it and i asked him more questions about it and he said well well no i didn't
[01:24:52.760 --> 01:24:56.680]  personally mail it the village did obviously i don't handle the mail
[01:25:00.040 --> 01:25:05.800]  so that was that was his defense and that was not a retraction
[01:25:07.960 --> 01:25:14.200]  okay he didn't retract the earlier statement no that was an inconsistent statement
[01:25:14.200 --> 01:25:20.840]  yeah well there were that was a verbal statement and the other was something he submitted on a
[01:25:20.840 --> 01:25:29.560]  sworn affidavit yes that's inconsistent that is not he did not retract the
[01:25:31.880 --> 01:25:37.000]  he sworn affidavit he made a different statement in court that's inconsistent
[01:25:37.000 --> 01:25:45.080]  well he knew it's also he knew in advance when he signed that paper that affidavit
[01:25:45.080 --> 01:25:53.400]  that he it was false because of this statement in court exactly that's pretty well dead bang
[01:25:54.840 --> 01:26:00.760]  so okay we got that one you can move did you look up ab initio in new york
[01:26:00.760 --> 01:26:08.680]  no i uh can you spell that again please uh brett will you look at what we're talking
[01:26:08.680 --> 01:26:19.160]  will you look up trespass ab initio it's a b i n i t i o
[01:26:23.080 --> 01:26:26.120]  all right what would you like to like this time brett
[01:26:26.120 --> 01:26:33.880]  that i wasn't listening to the spelling but you probably did so what were you wanting to look
[01:26:33.880 --> 01:26:43.960]  at about this trespass look up trespass ab initio a where a witness a where an officer do you just
[01:26:43.960 --> 01:26:52.120]  want the definition of it yes yes okay well this trespass ab initio is a trespass from the beginning
[01:26:52.120 --> 01:27:00.520]  it's a trespass by retrospective operation it occurs when an entry an authority a license
[01:27:00.520 --> 01:27:09.960]  is conferred by law under which conduct otherwise constituting a trespass may be justified an abuse
[01:27:09.960 --> 01:27:16.280]  of such authority will destroy the privilege and render the act done in excess of authority
[01:27:16.280 --> 01:27:24.440]  a trespass from the beginning that is from the time of the entry trespass ab initio
[01:27:24.440 --> 01:27:34.520]  when the officer entered on to your rights subsequent to doing that he committed a crime
[01:27:36.200 --> 01:27:43.400]  and that renders him a trespasser ab initio we need to see a little closer how it's defined in
[01:27:43.400 --> 01:27:54.600]  new york in some states it's just defined more closely what brett just read was more to went
[01:27:54.600 --> 01:28:01.640]  more to trespass on property and i was hoping we could find something that's a trespass on rights
[01:28:01.640 --> 01:28:14.120]  but in either case the officer windows himself a not a credible witness the witness who has
[01:28:14.120 --> 01:28:19.720]  committed aggravated perjury can hardly be construed as a credible witness so you move to
[01:28:19.720 --> 01:28:27.560]  strike all of his testimony and dismiss okay that one's pretty straightforward now we go to
[01:28:27.560 --> 01:28:37.800]  the assertion that he did not have his seat belt fastened and then in court it was changed to
[01:28:38.520 --> 01:28:47.240]  he did not have it properly fastened and since the statute does not address what is properly
[01:28:47.240 --> 01:28:59.080]  fashion fastened and what is not properly fastened and it does not have a specific statute that goes
[01:28:59.080 --> 01:29:09.800]  to an improperly fastened seat belt he's trying to assert that if it is not fastened the way he
[01:29:09.800 --> 01:29:17.480]  he believes it should be fastened then the presumption is it's not fashion not fastened at all
[01:29:19.560 --> 01:29:22.840]  and he would need some case law to support that
[01:29:25.160 --> 01:29:30.600]  and i'm relatively certain he will never find such case law i think so
[01:29:30.600 --> 01:29:37.720]  we saw a little time ago when the judge told the officer that he didn't have the right
[01:29:38.440 --> 01:29:48.840]  to interpret how the law was in other words he couldn't impose his thought on how the belt
[01:29:48.840 --> 01:29:57.400]  should or shouldn't be warped we're just about to come to a break here okay pick that up on the
[01:29:57.400 --> 01:30:07.480]  other side hang on this performance enhancing drug shows up on drug tests but it hasn't been banned
[01:30:07.480 --> 01:30:13.400]  from professional sports i'm dr kathryn alvrecton i'll bet you're taking this drug too i'll be back
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[01:33:46.680 --> 01:33:55.960]  be they want a boy in the nation because they're falling from grace
[01:33:59.240 --> 01:34:05.080]  okay we are back randy kelton brett fountain rule of law radio on this
[01:34:05.720 --> 01:34:16.360]  friday the seventh day of june 2019 and we're talking to dale in new york and we addressed over
[01:34:16.360 --> 01:34:24.040]  the break what you could claim so far first you claim inconsistent statements on part of the officer
[01:34:24.040 --> 01:34:33.560]  concerning the affidavit or the facts in the affidavit that should be enough to disqualify the
[01:34:33.560 --> 01:34:43.800]  officer second one is you were not given maturing cause you were told at the outset of the trial
[01:34:43.800 --> 01:34:50.680]  you will be being charged with one thing but in the middle of the trial they changed the charge
[01:34:50.680 --> 01:34:58.600]  to something else and you had no way to prepare for that charge so this was trial by ambush
[01:35:00.680 --> 01:35:06.200]  and you were denied nature and cause okay what else can we throw at them
[01:35:06.200 --> 01:35:16.120]  well i i think i explained to you pretty much you're on track of what i'm about to say
[01:35:16.840 --> 01:35:24.600]  that all of a sudden in the middle of court you brought up this change you know we went from
[01:35:24.600 --> 01:35:33.320]  the seat belt ticket saying wearing it properly then later on in the court during the court
[01:35:33.320 --> 01:35:42.680]  session he said we he brought up one thing that he was sitting about six feet across from me and he
[01:35:42.680 --> 01:35:52.360]  said that i had black hair and i brought up that i had brown gray hair and he said i was wearing
[01:35:53.960 --> 01:35:59.640]  a maroon hoodie and i was wearing a blue sweatshirt and when i brought up that the
[01:35:59.640 --> 01:36:05.720]  sentence that he was wearing on both counts well i do i guess i don't have really good eyesight
[01:36:07.560 --> 01:36:15.880]  anyway then later on when the judge was questioning him about the detail of what he what he saw
[01:36:17.720 --> 01:36:24.680]  he said to the judge well i guess i really didn't have i really couldn't see too well
[01:36:24.680 --> 01:36:31.400]  from a good i didn't have a good point of view so first he's giving all these details about
[01:36:31.400 --> 01:36:37.320]  what he saw what i was doing or not doing then he says he didn't he couldn't see very well
[01:36:37.320 --> 01:36:43.480]  and i i would tend to agree with that because he was two traffic lanes across from me in moving
[01:36:43.480 --> 01:36:57.960]  traffic i have tinted glass on my car and he couldn't see well so he admitted he was not capable of
[01:36:58.920 --> 01:37:08.360]  doing a valid observation that's a third one that should disqualify him as a credible witness
[01:37:08.360 --> 01:37:15.560]  do you see any one of these is almost dead back
[01:37:18.280 --> 01:37:24.840]  if i claim i saw you and then i testify in court that i didn't don't see so well i've
[01:37:24.840 --> 01:37:35.720]  admitted that i may not have saw you so randy what would be an example of a way that he could
[01:37:35.720 --> 01:37:44.200]  bring these facts before the appeals court in an effective way with the purpose of getting him
[01:37:44.760 --> 01:37:50.120]  off where they leave him alone i know there's a second purpose too we sometimes get them confused
[01:37:50.120 --> 01:37:56.600]  of of holding them accountable for all of their lawlessness but for the purpose of him walking
[01:37:56.600 --> 01:38:04.120]  free and not having to deal with this anymore what could he do with these three dead bang facts
[01:38:04.120 --> 01:38:10.680]  here these are this is an appeal and it's not an indictment the fact that the officer might
[01:38:10.680 --> 01:38:18.200]  have committed crimes against you do not necessarily go to your guilt or innocence
[01:38:20.040 --> 01:38:28.600]  in this case the crime you allege he committed being aggravated perjury based on inconsistent
[01:38:28.600 --> 01:38:36.360]  statements that goes directly to guilt or innocence but if he might have thumped you
[01:38:36.360 --> 01:38:44.440]  on the head with his his night stick or knocked out your headlights those would not affect your
[01:38:44.440 --> 01:38:51.720]  guilt or innocence well they would affect the officer might make him look worse but he could
[01:38:51.720 --> 01:38:58.280]  be prosecuted separately so you have inconsistent statements that should disqualify the witness
[01:38:58.280 --> 01:39:06.120]  as a credible witness you have the officer admitting by his own testimony that he could not see well
[01:39:06.120 --> 01:39:17.800]  that disqualifies him as a credible witness and you have the court changing the charges in mid
[01:39:17.800 --> 01:39:28.760]  hearing denying you in nature and cause constitutional deprivation this is trial by ambush
[01:39:30.360 --> 01:39:37.720]  and is forbidden in the court so any one of those three you would ask the court to dismiss
[01:39:40.440 --> 01:39:45.240]  these are not issues where you would ask the court to reverse and remand
[01:39:45.240 --> 01:39:54.040]  you ask the court to dismiss well who would i send this paperwork to and where do i get
[01:39:54.040 --> 01:40:01.640]  as other specific forms i've already filed an appeal and i got it okay now you prepare a brief
[01:40:04.120 --> 01:40:10.200]  you give notice of appeal you didn't file the appeal so a question to check
[01:40:10.200 --> 01:40:25.000]  in new york is an appeal from a municipal or jp court to the county court an appeal de novo
[01:40:27.640 --> 01:40:33.000]  well i've already filed an appeal with the county court i went from the village court no no no
[01:40:33.000 --> 01:40:39.000]  hold on hold on if with what you were talking about and the questions you were asking me
[01:40:39.000 --> 01:40:47.160]  me you did not file an appeal you filed a notice of appeal i filed a notice of appeal
[01:40:47.160 --> 01:40:53.240]  in the county court and i gave it to the i filed them with four different people the county court
[01:40:53.960 --> 01:41:02.600]  the county clerk um the g a and did you did you make these arguments in your appeal
[01:41:02.600 --> 01:41:12.680]  yes i did oh okay did you include supporting case law i got a reply back from the da already
[01:41:12.680 --> 01:41:20.520]  and basically he totally ignored all of my points and okay okay this is a problem you're not answering
[01:41:20.520 --> 01:41:34.200]  my questions you're answering a different question did you provide law in support of your facts
[01:41:35.400 --> 01:41:42.520]  or did you just put in an argument let me see if maybe i can ask that in a different way
[01:41:44.520 --> 01:41:50.280]  because i haven't been really up on appeals and i've had to learn the hard way and i've
[01:41:50.280 --> 01:41:55.800]  there's two different pieces of this that that range is trying to figure out which one you're on
[01:41:56.360 --> 01:42:02.200]  one of them is a notice of appeal that that you can send it to multiple people if you want to
[01:42:02.200 --> 01:42:09.560]  only one of them has to get it but the notice of appeal just says your intent to appeal and it
[01:42:09.560 --> 01:42:16.280]  doesn't go through all the details of everything that the court did wrong and why the appellate
[01:42:16.280 --> 01:42:22.280]  court needs to follow the law by taking some certain action that you're asking them to take
[01:42:22.280 --> 01:42:28.040]  like dismiss or reverse and remand and the appellate brief is the one that has all of that detail
[01:42:28.040 --> 01:42:34.040]  with the law so he's trying to figure out which one are you on you know i didn't mention anything
[01:42:34.040 --> 01:42:40.840]  about the law what i filed was uh the notice of appeal and then i followed it up with they said
[01:42:40.840 --> 01:42:50.200]  i had to follow up with what would i call it uh errors notice of errors or whatever and i and
[01:42:50.200 --> 01:42:54.840]  i spelled out the things that i felt were wrong with the uh with the situation and
[01:42:56.920 --> 01:43:03.800]  those were the things that the da totally ignored okay and here's why he can totally ignore them
[01:43:03.800 --> 01:43:15.480]  i didn't mention any particular law i just hold on hold on the trial it is the duty of the court
[01:43:16.440 --> 01:43:23.880]  to determine the facts in accordance with the rules of evidence then apply the law as it comes to him
[01:43:23.880 --> 01:43:31.560]  to the facts in the case you can make the most convincing arguments to the judge as to why he
[01:43:31.560 --> 01:43:41.640]  should rule in your favor but if you don't give the judge facts and law as it applies to those facts
[01:43:41.640 --> 01:43:47.480]  he has nothing to rule from so you might want to file an amended appeal hang on we're about to go
[01:43:47.480 --> 01:43:54.600]  to break randy kelton rid of my radio and i'll explain how to do this when we come back we'll
[01:43:54.600 --> 01:44:05.000]  be right back through advances in technology our lives have greatly improved except in the
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[01:46:24.120 --> 01:46:32.680]  okay we are back randy health and wet falton with our radio and we're talking to daily new
[01:46:32.680 --> 01:46:42.680]  york dale a brief you have to have a a brief that states the facts and the law as it applies to
[01:46:42.680 --> 01:46:53.960]  the facts if you don't the prosecutor will ignore it so the prosecutor filed his response so once
[01:46:53.960 --> 01:47:04.280]  he's filed his response then generally you take that as instruction you look at what the prosecutor
[01:47:04.280 --> 01:47:12.280]  addressed and what i like to do is say that opposing counsel's arguments are well taken
[01:47:14.600 --> 01:47:20.680]  and use that as a reason to file an a an amended appeal
[01:47:24.600 --> 01:47:32.120]  look up law this is not hard go on the internet and do a search for inconsistent statements
[01:47:32.120 --> 01:47:41.560]  in new york and you'll find lawyers who have posted their pleadings and their arguments
[01:47:41.560 --> 01:47:48.840]  based on inconsistent statements and they'll give you the case law in support of it if you are writing
[01:47:48.840 --> 01:47:59.880]  the entire pleading you haven't done enough homework what you want to do is look up the issues and
[01:47:59.880 --> 01:48:08.280]  read through the what you find the responses you get on the web and then cut and paste the arguments
[01:48:08.280 --> 01:48:18.680]  into your pleading what you should be doing is just putting outros and intros to to lead these
[01:48:18.680 --> 01:48:22.360]  to tie these arguments together you shouldn't be making the arguments yourself
[01:48:22.360 --> 01:48:33.080]  of course you've already done that for you so just do a search for trespass ab initio do a
[01:48:33.080 --> 01:48:42.040]  trust a search for inconsistent statements do a search for lack of of nature and cause
[01:48:43.320 --> 01:48:49.880]  just put a search they change the charge in the middle of the case you get hits on it
[01:48:49.880 --> 01:48:59.160]  and you'll find a lawyer who's done the argument for you you don't really think i write all these
[01:48:59.160 --> 01:49:09.560]  documents do you i mean i am an accomplished plagiarist why should i write it when lawyers
[01:49:09.560 --> 01:49:20.280]  already get a better job it's not as hard as you think they'll okay well if i may i'd like
[01:49:20.280 --> 01:49:27.400]  to move on to the other situation that i mentioned last minute too okay it's a civil matter
[01:49:29.800 --> 01:49:37.720]  prospective tenant wanted to rent one of my apartments we agreed he paid me you know he gave
[01:49:37.720 --> 01:49:44.360]  me the first month security and then all of a sudden he changed his mind the receipt that i
[01:49:44.360 --> 01:49:52.120]  gave him said that it was non-refundable if he didn't move in now if you look at the trial
[01:49:52.120 --> 01:50:01.400]  trend or the court transcript of this whole matter no one was sworn in when on the first page
[01:50:01.400 --> 01:50:08.120]  the transcriber has unidentified person unidentified person unidentified person unidentified
[01:50:08.120 --> 01:50:14.360]  person there's four when there should have only been two people me and the plaintiff and his mother
[01:50:14.360 --> 01:50:22.200]  i suppose actually just me and the plaintiff and my name there are four unidentified mentioned on
[01:50:22.200 --> 01:50:30.200]  the front page of the transcript and my name and you should okay you should ask the court
[01:50:30.200 --> 01:50:38.120]  reporter for the recording from which she made the transcript um they won't give it to
[01:50:38.840 --> 01:50:45.880]  oh wait a minute okay then what you do is you file a professional conduct complaint
[01:50:45.880 --> 01:50:55.160]  against the court reporter now if you file a criminal complaint against a police officer
[01:50:55.160 --> 01:51:04.600]  or a prosecutor or a judge everybody jumps in to protect them but if you file a complaint
[01:51:04.600 --> 01:51:11.400]  against the court reporter with the licensing agency that licensed the court reporters
[01:51:12.440 --> 01:51:19.720]  they would land on that court reporter like a ton of bricks nobody will try to protect that court
[01:51:19.720 --> 01:51:26.120]  reporter because she's not a member of their group there is no court recorder
[01:51:29.400 --> 01:51:31.320]  there has to be if you have a transcript
[01:51:33.880 --> 01:51:35.640]  where did the transcript come from
[01:51:35.640 --> 01:51:39.160]  anything was recorded on a small laptop computer
[01:51:39.160 --> 01:51:50.040]  no wait a minute you said the court reporter said unidentified person unidentified person
[01:51:51.240 --> 01:51:52.680]  do you have a recording
[01:51:55.800 --> 01:52:01.400]  my transcriber received the recording and she transcribed it onto paper as she heard it
[01:52:01.400 --> 01:52:11.560]  so i have a i have a manuscript of a transcript of that wait a minute
[01:52:11.560 --> 01:52:20.600]  who is the transcriber i have to hire someone to contact the court and say okay so and so has
[01:52:20.600 --> 01:52:30.600]  hired me to conduct a transcription of this this court date date and time and please send me the
[01:52:30.600 --> 01:52:42.440]  recording then you okay if they did the if a court reporter did not make the recording if the
[01:52:42.440 --> 01:52:53.480]  recording was made by the court yes you subpoenaed it from the court that's public record okay if a
[01:52:53.480 --> 01:53:01.560]  licensed court reporter had made that recording that would be work product from that licensed
[01:53:01.560 --> 01:53:07.080]  professional but if the court itself made the recording and they didn't use a court reporter
[01:53:08.520 --> 01:53:11.640]  that's your transcript you have a right to that recording
[01:53:13.480 --> 01:53:20.040]  and if they refuse to give it to you then you file a written mandamus written mandamus is easy
[01:53:20.040 --> 01:53:30.600]  enough to understand you ask a higher court to order a lower court mandate to a lower court that
[01:53:30.600 --> 01:53:38.200]  they do us a thing that they are required to do if they try to give you any trouble send
[01:53:38.200 --> 01:53:50.360]  john down there and have john request the recording he's a third party he's not involved in this and
[01:53:50.360 --> 01:53:56.760]  those are court records he has a right to them well even even the transcriber told me i don't have
[01:53:56.760 --> 01:54:08.520]  a right to have the actual recording horse manure that right there is bovine excrement yeah that that
[01:54:08.520 --> 01:54:17.400]  is not true now you may not be able to take it from that location but you can listen to it
[01:54:17.400 --> 01:54:25.880]  so i don't know who's telling you this nonsense and and well see this is someone
[01:54:25.880 --> 01:54:32.520]  who gets paid to do this and if she does this and then you come back and say she didn't do it right
[01:54:32.520 --> 01:54:37.400]  the last thing she's going to want is for you to have proof that she didn't do her job right
[01:54:38.680 --> 01:54:45.800]  but this is these are public courts and anything goes on in that court and you're in new york we
[01:54:45.800 --> 01:54:54.520]  already have law that says we can record these courts and if the a public official records
[01:54:54.520 --> 01:55:03.480]  the court on your dime that's you recording and it's my recording it is anybody else who has to
[01:55:03.480 --> 01:55:11.960]  see it so get john to go down there and ask for it what written request for the court reporting
[01:55:11.960 --> 01:55:16.280]  what did you call it writ of what
[01:55:19.160 --> 01:55:26.840]  wait let's say that again you said something earlier you said writ of something oh rid of
[01:55:26.840 --> 01:55:38.760]  mandamus spell that mandate man dame amus it's latin for mandate in some place they call it a
[01:55:38.760 --> 01:55:46.840]  writ of mandate you ask the higher court to order the lower court to do something they're required to
[01:55:46.840 --> 01:55:56.040]  do this whole court proceeding was nothing but a mess if you look at the transcript okay let me
[01:55:56.040 --> 01:56:04.360]  tell you what happened in a case here in texas we were helping someone in a municipal issue
[01:56:04.360 --> 01:56:11.800]  where they were prosecuting them over some junk vehicles but he was an auto repair shop he had
[01:56:11.800 --> 01:56:18.840]  these vehicles to be worked on and the city was just upset at him the mayor decided to make an
[01:56:18.840 --> 01:56:25.480]  example of him they went after him when we fought them and at one point we filed a petition for
[01:56:25.480 --> 01:56:31.400]  writ of mandamus because the judge either it had a bogus ruling and we asked for findings of fact
[01:56:31.400 --> 01:56:37.880]  and conclusions at law and the judge did not provide them so we asked the court to order them
[01:56:37.880 --> 01:56:47.720]  to provide them the court looked at the case and did not grant us findings of fact and conclusions
[01:56:47.720 --> 01:57:01.960]  at law they dismissed the case outright you could actually have the same result if you maintain
[01:57:03.080 --> 01:57:11.960]  that you need this transcript to prove that the officer committed aggravated perjury by
[01:57:11.960 --> 01:57:25.000]  inconsistent statements that the court denied you in prayer notice nature and cause and that
[01:57:25.000 --> 01:57:34.200]  the officer was a not a credible witness because he couldn't he admitted he couldn't see and you
[01:57:34.200 --> 01:57:41.640]  need the transcript to support this so you can prepare a proper appeal that you paid for a transcript
[01:57:41.640 --> 01:57:50.200]  and the transcript is inconsistent with the facts of the case so you need the actual recording so
[01:57:50.200 --> 01:57:57.160]  you can compare it to the transcript that's easy enough it's pretty straightforward and it doesn't
[01:57:57.160 --> 01:58:08.840]  take a rocket scientist here you're not arguing points of law you're asking the court to order
[01:58:08.840 --> 01:58:23.080]  them to give you what you need to defend yourself with okay well hang on back to go to break
[01:58:23.880 --> 01:58:32.440]  Randy Kelton breath shive flash we've got a video going on skype and he's flashing his phone at me
[01:58:32.440 --> 01:58:40.200]  to let me know so i don't run off the clip again randy kelton rule about radio we'll be right back
[01:58:50.200 --> 01:58:56.040]  the bible remains the most popular book in the world yet countless readers are frustrated because
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