ROL_2019-07-19_16k_Hr1-2.timecode
[00:00.000 --> 00:05.800] The following news flash is brought to you by The Lone Star Lowdown, providing the jelly
[00:05.800 --> 00:13.520] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.520 --> 00:17.080] into the tides of the alternative.
[00:17.080 --> 00:23.120] Markets for Wednesday the 26th of June 2019 open with precious metals gold in $1,407.70
[00:23.120 --> 00:29.840] an ounce, silver $15.25 an ounce, copper $2.73 an ounce, platinum $808 an ounce, oil
[00:29.840 --> 00:36.160] Texas crude $57.83 a barrel, Brent crude $55.05 a barrel, and the top five cryptos in order
[00:36.160 --> 00:46.080] of market cap, Bitcoin at $12,707 a coin, Ethereum $332.57 a coin, XRP Ripple $47 a coin, Bitcoin
[00:46.080 --> 00:55.040] Cash $494 a coin, and Lite coins at $135.40 a crypto coin.
[00:55.040 --> 00:59.680] Today in history, the year 1870, the Roman Catholic holiday of Christmas has declared
[00:59.680 --> 01:07.520] it a federal holiday in the United States, today in history.
[01:07.520 --> 01:11.720] In recent news, Representative Michael Berges, Republican from the 26th Texas Congressional
[01:11.720 --> 01:15.840] District, centering in Denton County, defended the controversial conditions in which the
[01:15.840 --> 01:21.400] facilities being used to house child immigrants are supposedly found in on MSNBC earlier this
[01:21.400 --> 01:22.400] week.
[01:22.400 --> 01:26.720] The filemaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes,
[01:26.720 --> 01:31.480] it's a restored Walmart, and you know what, there's not a lock on the door.
[01:31.480 --> 01:34.560] Any child is free to leave at any time, but they don't.
[01:34.560 --> 01:35.560] You know why?
[01:35.560 --> 01:40.440] Because they are well taken care of, and that they are, quote, free to leave at any time.
[01:40.440 --> 01:44.200] Apparently children must leave the facility with a parent or guardian who has passed a
[01:44.200 --> 01:48.120] background check if they wish to stay in the United States, but the child is free to leave
[01:48.120 --> 01:53.800] by themselves if they return to where they came from.
[01:53.800 --> 01:57.880] General Motors Company is planning on investing $20 million at its Arlington Assembly Plant
[01:57.880 --> 02:02.080] in order to fit it to build the next generation of GM's full-size SUVs.
[02:02.080 --> 02:06.640] General Johnson, GM Executive Vice President of Global Manufacturing, stated that, quote,
[02:06.640 --> 02:10.240] we've been building trucks in Texas for more than 20 years, and our additional investment
[02:10.240 --> 02:14.880] in Arlington Assembly is proof of our commitment and confidence in our Arlington team.
[02:14.880 --> 02:19.840] The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and
[02:19.840 --> 02:27.520] the Cadillac Escalade at the 250-acre Arlington Plant.
[02:27.520 --> 02:31.080] Findings in a report released by the insurance company Allstate looked into collision claims
[02:31.080 --> 02:32.600] across the U.S.
[02:32.600 --> 02:38.360] Two Texas cities made the list of safest cities to drive in, with Laredo at number 5 and McAllen
[02:38.360 --> 02:39.360] at number 9.
[02:39.360 --> 02:41.360] So let's keep driving safe, Texas.
[02:41.360 --> 02:45.920] The lowdown is for a look at the sponsors, you ever tried through a service exit advertiser
[02:45.920 --> 02:53.920] test, feel free to shoot me an e-mail at rickrody.com or that's rickrody.co.uk at rickrody.com.
[02:53.920 --> 03:19.920] This was lowdown for June 26, 2019.
[03:19.920 --> 03:26.920] The Texas City is now a state-of-the-art state-of-the-art state-of-the-art state-of-the-art
[03:50.520 --> 04:15.500] state-of-the-art state-of-the-art state-of-the-art state-of-the-art state-of-the-art state
[04:15.500 --> 04:22.500] board today and I think I made a booboo. Let me see. Can they hear me on the air?
[04:22.500 --> 04:35.500] Are you asking me? Yeah, I hit the buzzer twice and on this, okay, I'm going out. I can see it. I do
[04:35.500 --> 04:43.500] have the, it's too hard to explain, but anyway, okay, we're going out. Okay, hi guys. A little mix up
[04:43.500 --> 04:51.500] there coming in. Randy Kelton, Brett Fountain, Rural Raw Radio on this Friday, the 19th day of
[04:51.500 --> 04:59.500] July, 2019. And we're going to start out with Brett. Brett wasn't here last week. He actually
[04:59.500 --> 05:08.500] showed up Friday, but I didn't see him in time to bring him in. He was late and he'll explain
[05:08.500 --> 05:17.500] why he was late. Go ahead, Brett. Well, yeah, my plan was to take care of some business with a
[05:17.500 --> 05:23.500] county judge, which was kind of a mystery. I didn't really know why she wanted to see me. But just out of
[05:23.500 --> 05:31.500] the blue, she personally contacted me, not through a clerk or anything, but she just contacted me with
[05:31.500 --> 05:40.500] a odd looking letter that said that I needed to show up and see her or else get arrested. So I said,
[05:40.500 --> 05:48.500] well, I'm going to go out there and see her. So I traveled all the way to her county and got there.
[05:48.500 --> 06:01.500] Well, she was quote unavailable. But mysteriously, somewhere between me checking the county clerk first,
[06:01.500 --> 06:07.500] I went to the clerk's office. I'm glad I did. First thing I went to go see the file and looked in the
[06:07.500 --> 06:15.500] file and there was nothing in there that gave any indication that there was an arrest warrant. But sure
[06:15.500 --> 06:24.500] enough, that's what she wanted to do. I went over there to talk to her afterwards. Afterwards, after what?
[06:24.500 --> 06:31.500] After I checked the file. I went first to the clerk and I wanted to see the file. And they did have a
[06:31.500 --> 06:39.500] file and it turned out it was the same charges that got dismissed already. But for whatever reason,
[06:39.500 --> 06:49.500] she wanted to see me. I went over to her office next door over and she was unavailable. So I went back over.
[06:49.500 --> 06:56.500] I was in the hallway there writing out a handwritten motion. I was going to have the file for
[06:56.500 --> 07:03.500] continuance until I can figure out what's going on. Because I didn't even really know what the case was.
[07:03.500 --> 07:12.500] What was anybody wanted from me? However, right there in the hallway in between the judge's office
[07:12.500 --> 07:19.500] and the court clerk, some sheriff deputies came and surrounded me and grabbed me and took me off to jail.
[07:19.500 --> 07:25.500] And they refused to take me to the magistrate. I was pointing at the door. Take me right there.
[07:25.500 --> 07:32.500] I want to see the magistrate. That's what I came here for. I'm here making a good faith effort to figure
[07:32.500 --> 07:37.500] out what she wants with me. Please, take me to her. You say you have an arrest warrant,
[07:37.500 --> 07:44.500] but you can't seem to find it to show it to me, but take me to her. They wouldn't do it.
[07:44.500 --> 07:51.500] Nope, you're going to jail. One of them even introduced himself as a word I can't repeat on the air.
[07:51.500 --> 07:55.500] You can say, you can say, Annus rectum.
[07:55.500 --> 08:06.500] That's what he decided he wanted to be. So he identified himself. Hi, I'm an A-hole and decided he wanted to take me over to the jail.
[08:06.500 --> 08:12.500] So that's what they did. No matter what the law says, no matter what the warrant says,
[08:12.500 --> 08:18.500] it turns out there wasn't really a warrant until about five hours later, suddenly a warrant appeared.
[08:18.500 --> 08:28.500] And so now I'm in the position of disqualifying that judge for egregious crimes against me.
[08:28.500 --> 08:42.500] And guess what? The motion for her disqualification is going before a regional admin judge who happens to be the same one
[08:42.500 --> 08:50.500] who already committed crimes against me. A few months ago, I had called him on the carpet for his crimes against me.
[08:50.500 --> 09:01.500] So now he's in a pickle. He's got to go to the Chief Justice of the Supreme Court to refer to the matter of his own disqualification.
[09:01.500 --> 09:07.500] I don't imagine that's going to be a very comfortable conversation for any of them.
[09:07.500 --> 09:13.500] So have you filed a motion to disqualify the head administrative judge yet?
[09:13.500 --> 09:18.500] Yes. That was this afternoon.
[09:18.500 --> 09:28.500] So this should get interesting. Last Friday I talked to his wife. She was trying to get him out of jail.
[09:28.500 --> 09:38.500] She went to the clerk to get a copy of the warrant and to prevent her from getting a copy of the warrant,
[09:38.500 --> 09:43.500] these, was it two or three officers put their hands on her?
[09:43.500 --> 09:49.500] Yes, three. Well, I think it was because they wanted to prevent her from discovering there was no warrant.
[09:49.500 --> 09:59.500] Yes. And they touched her. Yes. And if you've been listening to the show, you know, I've talked about an officer touching me
[09:59.500 --> 10:06.500] while he is prominently displaying a dead weapon. Actually, I was on the phone with her while they were touching her.
[10:06.500 --> 10:12.500] It was a quarter to five. They closed at five. So there's 15 minutes.
[10:12.500 --> 10:24.500] They had plenty of time to produce the warrant for examination. Instead, they physically assaulted her and evicted her from the building.
[10:24.500 --> 10:28.500] Yeah, that's two crimes.
[10:28.500 --> 10:35.500] One of them first degree felony aggravated assault.
[10:35.500 --> 10:43.500] And I'm the witness. I did not see the offense being committed, but I heard it.
[10:43.500 --> 10:49.500] So she was not a happy camper.
[10:49.500 --> 10:55.500] No, she wasn't. She kind of got on fire there.
[10:55.500 --> 11:03.500] A 90 pound Brazilian woman. You do not want her angry at you.
[11:03.500 --> 11:08.500] This should get interesting. See how this shakes out.
[11:08.500 --> 11:12.500] They arrested him. They arrested him with no warrant.
[11:12.500 --> 11:17.500] They arrested him for a crime that had already been adjudicated.
[11:17.500 --> 11:27.500] And some stupid cop opened his mouth when he should have kept it shut.
[11:27.500 --> 11:33.500] Have you filed criminal charges against the officer yet? Not yet.
[11:33.500 --> 11:35.500] Coming up.
[11:35.500 --> 11:41.500] I didn't have time to file as many charges as they're deserving. I'm still working on it.
[11:41.500 --> 11:50.500] It's been a week. I've got I've got charges against the county judge and the district judge and the district attorney.
[11:50.500 --> 11:56.500] Those are in the hopper. I went to the Texas Rangers about this because in that particular county,
[11:56.500 --> 12:07.500] the Rangers have recently, over the past few years, have gone after several public officials in that county for official oppression.
[12:07.500 --> 12:12.500] Maybe they've gotten them indicted or they've gotten them to resign.
[12:12.500 --> 12:15.500] One of them went running.
[12:15.500 --> 12:23.500] So I figured that's my first order of business is to make sure the Texas Rangers get wind of the official oppression.
[12:23.500 --> 12:26.500] Again, yeah, there's some more that needs to happen with that.
[12:26.500 --> 12:31.500] The sheriff and his deputies.
[12:31.500 --> 12:37.500] I imagine they didn't realize I was going to remember all their names.
[12:37.500 --> 12:41.500] I got a document today.
[12:41.500 --> 12:45.500] I have a bunch of folks that send me a lot of stuff.
[12:45.500 --> 12:52.500] And every once in a while, I get something that's interesting. And in this case, they're indipitous.
[12:52.500 --> 12:57.500] It's a removal by petition and trial.
[12:57.500 --> 13:02.500] See, it is Texas government code.
[13:02.500 --> 13:06.500] Let me make sure this is okay.
[13:06.500 --> 13:16.500] Organize your government code local government took Texas local government code section 87.
[13:16.500 --> 13:25.500] You know, removal for prior action and officer may not be removed under this chapter for an act the officer committed before election to office.
[13:25.500 --> 13:41.500] However, it lists all of the officials who can be removed district attorney, county attorney, county judge, county commissioner, county clerk, district clerk, district county clerk.
[13:41.500 --> 13:48.500] I don't see a district judge in here. Everybody down to the JP constables, everybody, surveyor, sheriff.
[13:48.500 --> 14:06.500] Okay, they can be removed for incompetency, official misconduct or intoxication on or off duty caused by drinking and alcoholic beverage.
[14:06.500 --> 14:10.500] One word looking at official misconduct.
[14:10.500 --> 14:21.500] Now in Texas, official misconduct is a separate charge from official oppression.
[14:21.500 --> 14:28.500] And official misconduct in Texas goes to misuse of public property.
[14:28.500 --> 14:39.500] So how do we jail? They misused the jail. They used the jail to falsely imprison you with.
[14:39.500 --> 14:43.500] Yeah, and to extract $1,500 cash.
[14:43.500 --> 14:48.500] Yeah, not a bond or any other kind of bail, because they didn't have any promise to appear.
[14:48.500 --> 14:54.500] There was no date for me to come back and show up. They just wanted $1,500 cash.
[14:54.500 --> 15:02.500] And they have no authority to ask for cash. They only have authority to ask for bail.
[15:02.500 --> 15:07.500] But isn't that only when there's a date to come and show up?
[15:07.500 --> 15:09.500] Wait, see that again?
[15:09.500 --> 15:14.500] Can't they only ask for bail if they're expecting me to come and show up and they're giving me a promise?
[15:14.500 --> 15:19.500] They're giving me an opportunity to promise to appear on a certain day?
[15:19.500 --> 15:27.500] They have no day that they're asking me to come back on, but they still wanted my $1,500.
[15:27.500 --> 15:31.500] That'll be interesting to see how that works out.
[15:31.500 --> 15:38.500] That is a good, that's a good issue, a good argument. Almost always when you're released,
[15:38.500 --> 15:45.500] you're released on a promise to appear on a certain day at a certain time.
[15:45.500 --> 15:46.500] Right.
[15:46.500 --> 15:51.500] So you weren't released on a promise to appear. So this was just straight up extortion.
[15:51.500 --> 15:55.500] Right.
[15:55.500 --> 16:03.500] There's some more criminal charges coming with the jailers and the district judge was the one who came to be the magistrate in the jail.
[16:03.500 --> 16:14.500] And his take on the matter was that I should sign a bunch of documents even though they had taken my reading glasses away and weren't going to give them back to me.
[16:14.500 --> 16:18.500] And I was unable to see what it was that he wanted me to sign.
[16:18.500 --> 16:25.500] And when he decided that I needed to sign it or else stay in jail, I went ahead and signed it.
[16:25.500 --> 16:30.500] I don't know what it was. He refused to give me copies of it.
[16:30.500 --> 16:32.500] That's the more criminal charges coming up.
[16:32.500 --> 16:38.500] Yes, it is. This should get interesting.
[16:38.500 --> 16:42.500] And maybe we can begin to get their attention.
[16:42.500 --> 16:54.500] You know, I called down there and told them that you guys got my radio talk show host co-host down there in your jail.
[16:54.500 --> 16:59.500] What do you want him for? And they wouldn't say it.
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[19:50.500 --> 19:58.500] So I sit back and I watch the evidence unfold and I see justice.
[19:58.500 --> 20:02.500] Okay, we are back. Randy Kelton, rule of law radio.
[20:02.500 --> 20:17.500] And I forgot to turn the phone lines on the first segment. They are on now. If you have a question or comment, give us a call. 512-646-1984.
[20:17.500 --> 20:27.500] So one thing we haven't done and I help people get out of jail and such and I've been suggesting that we start suing them.
[20:27.500 --> 20:35.500] So this is a very good opportunity to start crafting a lawsuit.
[20:35.500 --> 20:40.500] And I will help you put this together, Brett.
[20:40.500 --> 20:42.500] Thank you.
[20:42.500 --> 20:51.500] Because I need one anyway. And this will give me, we will build it from a basic structure.
[20:51.500 --> 21:00.500] I am in the process of putting together a set of videos.
[21:00.500 --> 21:12.500] I have broken down the e-book into five sections so far. Each one will be about a 10 minute video when I start loading those up online.
[21:12.500 --> 21:16.500] And we are going to do a crowdfunding sale.
[21:16.500 --> 21:20.500] Primarily we are going to do, not a sale, a crowdfunding event.
[21:20.500 --> 21:29.500] We are going to ask for donations for one for rule of law radio and one for legal earth.
[21:29.500 --> 21:38.500] And primarily this is a way to get what we are doing out to the general public all over the place.
[21:38.500 --> 21:43.500] So I am going to use, you know, when I looked at this I realized that we have lots of content.
[21:43.500 --> 21:49.500] We have got 13 years worth of archives to draw from.
[21:49.500 --> 21:55.500] And I have done several seminars and I have people videotape them.
[21:55.500 --> 22:01.500] And I just don't know where they are at. I will have to see if I can locate some of the videos of the seminars I have done in the past.
[22:01.500 --> 22:04.500] And we can break out parts of that.
[22:04.500 --> 22:10.500] I haven't done an actual stand up seminar on due process directly.
[22:10.500 --> 22:15.500] I have done a few presentations like at Brave New Books and other places.
[22:15.500 --> 22:24.500] But I probably need to do a four hour seminar on due process.
[22:24.500 --> 22:26.500] And I can break some videos out of that.
[22:26.500 --> 22:35.500] We are going to start putting things online where all of these things we talk about somewhat intermittently on the air.
[22:35.500 --> 22:40.500] We will have a set of videos that we can send them to.
[22:40.500 --> 22:52.500] I just need someone that looks more like Tom Cruise to do these because Pastor Massad tells me that I have a face made for radio.
[22:52.500 --> 22:56.500] I wonder what that means.
[22:56.500 --> 23:05.500] We have a local Texas chomp on the air on the phones.
[23:05.500 --> 23:10.500] Hello, local Texas chomp.
[23:10.500 --> 23:13.500] Man, it is so nice to be appreciated.
[23:13.500 --> 23:18.500] Yeah, I know. This is Scott from Texas.
[23:18.500 --> 23:22.500] I'm so glad you can't get it, Scott.
[23:22.500 --> 23:26.500] It's any amount of appreciation from Randy.
[23:26.500 --> 23:29.500] Nolly, in all the arrows I had to take.
[23:29.500 --> 23:31.500] So, Brett, you got arrested.
[23:31.500 --> 23:36.500] Welcome to the big league.
[23:36.500 --> 23:39.500] I got arrested after I went to trial.
[23:39.500 --> 23:43.500] And then after the trial, the judge had to come.
[23:43.500 --> 23:45.500] It's over in Rockwall.
[23:45.500 --> 23:48.500] It was the first time for a trial.
[23:48.500 --> 23:54.500] And the judge ordered the cop to follow me because even though they found me guilty, they knew I was going to appeal it.
[23:54.500 --> 23:58.500] And she had the cop arrest me on the very same thing.
[23:58.500 --> 24:02.500] I just went to trial four.
[24:02.500 --> 24:03.500] Wow.
[24:03.500 --> 24:04.500] Oh, yeah.
[24:04.500 --> 24:08.500] And then so I appealed that thing, right?
[24:08.500 --> 24:11.500] And so now went over to the county court.
[24:11.500 --> 24:14.500] You know where that big old beautiful building is.
[24:14.500 --> 24:19.500] Well, so now they didn't notify me of a hearing.
[24:19.500 --> 24:23.500] And so then they put a warrant out for my arrest.
[24:23.500 --> 24:27.500] I'm like, okay, so I go over to the courthouse to go talk to the judge.
[24:27.500 --> 24:29.500] It's like, I call Randy.
[24:29.500 --> 24:32.500] I said, well, they put a warrant out and he goes, well, don't go straight to jail.
[24:32.500 --> 24:34.500] He goes, go talk to the judge.
[24:34.500 --> 24:38.500] That's what the warrant is about to be taken directly to a magistrate.
[24:38.500 --> 24:41.500] And you know, talk to the judge and blah, blah, blah.
[24:41.500 --> 24:47.500] So I went over to go talk to the judge and the clerk told me, I'll come back next day.
[24:47.500 --> 24:51.500] You can't talk to the judge, you know, because there's no district attorney here.
[24:51.500 --> 24:58.500] You know, it'd be whatever they call that one side of the party or I don't remember the exact term right now.
[24:58.500 --> 24:59.500] Ex parte.
[24:59.500 --> 25:01.500] So I come back to ex parte.
[25:01.500 --> 25:02.500] That's correct.
[25:02.500 --> 25:04.500] And so I go back.
[25:04.500 --> 25:06.500] They said, come back the next morning.
[25:06.500 --> 25:16.500] I go back the next morning and the bailiff, you know, I sign in and the bailiff calls me up and says, Mr.
[25:16.500 --> 25:18.500] I said, you're going to jail.
[25:18.500 --> 25:21.500] I said, I'm here to see the judge.
[25:21.500 --> 25:24.500] The guy is sitting on the bench right there.
[25:24.500 --> 25:26.500] I know I got a warrant out.
[25:26.500 --> 25:28.500] That's what I come up here for to see the judge.
[25:28.500 --> 25:30.500] Nope, you're going straight to jail.
[25:30.500 --> 25:34.500] I'll be right out of there right in front of God and everybody.
[25:34.500 --> 25:36.500] You know, it's an intimidation factor.
[25:36.500 --> 25:38.500] They like to use on people sitting there in court.
[25:38.500 --> 25:39.500] They're like, oh, wow.
[25:39.500 --> 25:40.500] He just went to jail.
[25:40.500 --> 25:42.500] We better pay our tickets.
[25:42.500 --> 25:43.500] Get out of here.
[25:43.500 --> 25:46.500] It was like, oh, yeah, they made me so mad.
[25:46.500 --> 25:50.500] I got out of there and I started walking back to the house.
[25:50.500 --> 25:53.500] I'm in Rockwall trying to walk back to Garland.
[25:53.500 --> 25:57.500] And I finally walked off another steam and then got it right.
[25:57.500 --> 26:05.500] And we're right back up there to the courthouse and asked for the piece of paper to show them where they were
[26:05.500 --> 26:10.500] notified me of that hearing that I supposedly missed and they couldn't produce it.
[26:10.500 --> 26:12.500] And I said, we got a problem here.
[26:12.500 --> 26:15.500] Y'all are supposed to notify me of this hearing and stuff.
[26:15.500 --> 26:18.500] And I had no notification whatsoever.
[26:18.500 --> 26:19.500] Oh, man.
[26:19.500 --> 26:24.500] And I walked and saw that same bailiff that took me to jail.
[26:24.500 --> 26:27.500] And I walked straight up to him and I looked at him.
[26:27.500 --> 26:32.500] I got his name and his badge number and stuff.
[26:32.500 --> 26:37.500] I said, mister, whatever his name was, I said, yeah, I said, I'll be making a report on you.
[26:37.500 --> 26:43.500] I'll file criminal charges against that bailiff being ordered by the judge.
[26:43.500 --> 26:50.500] I filed a criminal against a judge using the bailiff as the one who took me to jail by order of the judge.
[26:50.500 --> 26:58.500] So when he criminal complained from that judge, it was retarded.
[26:58.500 --> 26:59.500] Good.
[26:59.500 --> 27:06.500] And the likelihood of that judge rising to another location with all that against him
[27:06.500 --> 27:11.500] is going to be somewhere between little to none.
[27:11.500 --> 27:12.500] Where were you at?
[27:12.500 --> 27:18.500] What county or what city were you in that they had you arrested in?
[27:18.500 --> 27:19.500] Me?
[27:19.500 --> 27:20.500] Wood County.
[27:20.500 --> 27:21.500] Yeah.
[27:21.500 --> 27:24.500] It was over in Quitman, Texas.
[27:24.500 --> 27:26.500] Oh, you're over.
[27:26.500 --> 27:28.500] Is that East Texas?
[27:28.500 --> 27:31.500] Yes, sir.
[27:31.500 --> 27:32.500] Man.
[27:32.500 --> 27:40.500] I had never been there before, but they just sent me this letter out of the blue, or the judge did personally,
[27:40.500 --> 27:45.500] saying that I needed to show up or else my bond would be forfeited.
[27:45.500 --> 27:50.500] Like what bond and I would have an arrest warrant issued.
[27:50.500 --> 27:54.500] Well, of course, that was the first thing I'd ever heard about anything over there.
[27:54.500 --> 27:56.500] I'd never even been there.
[27:56.500 --> 27:59.500] So, yeah, she said she wanted to see me.
[27:59.500 --> 28:01.500] So I went over there to see her.
[28:01.500 --> 28:03.500] Surprise, surprise.
[28:03.500 --> 28:06.500] They ambushed me.
[28:06.500 --> 28:08.500] So now it's your turn.
[28:08.500 --> 28:09.500] They had their fun.
[28:09.500 --> 28:13.500] Now your starts.
[28:13.500 --> 28:15.500] Which, yeah, heck yeah, man.
[28:15.500 --> 28:25.500] Now you need to file criminal charges against the judge and all the cops that are filed criminally on each one of them that were all there.
[28:25.500 --> 28:31.500] And find out every jailer who was in the jail at the time.
[28:31.500 --> 28:33.500] File on each one of them.
[28:33.500 --> 28:34.500] I already filed.
[28:34.500 --> 28:38.500] The next day I filed open records requests.
[28:38.500 --> 28:45.500] I went to the sheriff's and I said, I sure am glad you have 24 seven business hours because this is going to take.
[28:45.500 --> 28:47.500] This is such an important matter.
[28:47.500 --> 28:52.500] That was my way of saying you don't get two weeks to think about it.
[28:52.500 --> 28:56.500] And I asked for the courthouse security cams and mics.
[28:56.500 --> 29:00.500] I asked for all the body cams on every officer that had any interaction.
[29:00.500 --> 29:07.500] I asked for the jail videos that had me or reference to be in any kind of way.
[29:07.500 --> 29:09.500] And I told him fair warning.
[29:09.500 --> 29:11.500] Maybe I shouldn't, but I told him fair warning.
[29:11.500 --> 29:31.500] I said, by the way, don't let your people go off and commit crimes like sending off to the AG because they want an opinion on something that's already been that they already have an opinion from the AG on just because there's an officer's name involved or something.
[29:31.500 --> 29:35.500] Your people should have been trained well on how to redact.
[29:35.500 --> 29:39.500] Redact only if and when is necessary.
[29:39.500 --> 29:41.500] What did you originally get?
[29:41.500 --> 29:46.500] You got a ticket of some sort by the cop and that's why they got Joe.
[29:46.500 --> 29:47.500] Hang on, hang on.
[29:47.500 --> 29:48.500] About to go to break.
[29:48.500 --> 30:00.500] Randy Kelton, we'll be right back.
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[31:21.500 --> 31:26.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:58.500 --> 33:01.500] I mean, I actually be kidding about chemtrails.
[33:01.500 --> 33:10.500] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:10.500 --> 33:15.500] Yeah, I got that one rent.
[33:15.500 --> 33:20.500] And I'm going to solve them to the government then.
[33:20.500 --> 33:23.500] I'll see you then.
[33:23.500 --> 33:26.500] Okay.
[33:26.500 --> 33:30.500] Okay, we are back.
[33:30.500 --> 33:32.500] Randy Kelton.
[33:32.500 --> 33:38.500] Brett Fountain with our radio here with Scott The Chump.
[33:38.500 --> 33:43.500] Scott The Chump from Garland.
[33:43.500 --> 33:55.500] One thing, was it clear to you, Scott, that in Brett's case there never was a complaint against him?
[33:55.500 --> 34:01.500] Not only no complaint, but they didn't have a ticket. There was no cop. There was no nothing.
[34:01.500 --> 34:05.500] Why the hell did you even go over there?
[34:05.500 --> 34:08.500] Because the judge sent me a letter.
[34:08.500 --> 34:16.500] Saying he'd be arrested if he didn't, so he went to find out what it was about before the court date.
[34:16.500 --> 34:19.500] And he got there and they already had a warrant for him.
[34:19.500 --> 34:22.500] Well, no, they said they did, but they couldn't produce it.
[34:22.500 --> 34:24.500] Well, yeah, they said they had a warrant for him.
[34:24.500 --> 34:30.500] Wait, wait, wait. I'm confused. How can there be a court case if there is no ticket or nothing?
[34:30.500 --> 34:33.500] How can there be a case? It's not like they picked you out of a phone book.
[34:33.500 --> 34:35.500] Really good question.
[34:35.500 --> 34:37.500] That's a great question.
[34:37.500 --> 34:43.500] Well, it turns out, now that I'm putting the pieces together after the fact, I'm figuring out what happened.
[34:43.500 --> 34:51.500] And there was a traffic case over in Winsborough.
[34:51.500 --> 34:56.500] And this Winsborough, that was in August last year.
[34:56.500 --> 34:59.500] And Winsborough, man, they just did everything wrong.
[34:59.500 --> 35:03.500] They broke the law, left, right, backwards and forwards.
[35:03.500 --> 35:05.500] And I gave them a pretty good hard time about it.
[35:05.500 --> 35:11.500] And eventually, in February, they dismissed the charges.
[35:11.500 --> 35:15.500] It was over, finally, the charges.
[35:15.500 --> 35:21.500] They never really had any charges, but they left me alone and they gave me a dismissal order.
[35:21.500 --> 35:30.500] Well, now, in July, this county judge decided she didn't want it to end like that.
[35:30.500 --> 35:33.500] She wanted to pick it up and have it in her court.
[35:33.500 --> 35:37.500] But she didn't mention anything to me about that.
[35:37.500 --> 35:42.500] She wanted me to find out from the jailhouse.
[35:42.500 --> 35:52.500] Well, that doesn't sound legal. I mean, that's double jeopardy of being tried over on the same case.
[35:52.500 --> 35:54.500] Well, now, wait a minute.
[35:54.500 --> 36:01.500] Being tried on the same case is a presumption on Brett's part.
[36:01.500 --> 36:05.500] He don't know what the heck he's being tried for.
[36:05.500 --> 36:11.500] I get that, but that's bizarre.
[36:11.500 --> 36:16.500] It's some kind of computer glitch, clerical error.
[36:16.500 --> 36:19.500] Sorry, guys, life is tough.
[36:19.500 --> 36:30.500] So we count up how many minutes you were in jail and add to that denial of bail.
[36:30.500 --> 36:33.500] They did, okay, denial of bail.
[36:33.500 --> 36:38.500] They allowed Brett out on a $1,500 bond.
[36:38.500 --> 36:40.500] They demanded $1,500.
[36:40.500 --> 36:43.500] But you can't really call it a bond, can you?
[36:43.500 --> 36:45.500] Yes, that's a bond.
[36:45.500 --> 36:48.500] It seemed like it was just extortion because...
[36:48.500 --> 36:56.500] Well, okay, they would call it a bond, but they don't have authority to request a bond.
[36:56.500 --> 37:00.500] They have authority to request bail.
[37:00.500 --> 37:05.500] They can't accept bond in lieu of bail.
[37:05.500 --> 37:12.500] Bail is constitutional, and they denied you bail and demanded bond.
[37:12.500 --> 37:14.500] It's a common practice.
[37:14.500 --> 37:28.500] So what you might be able to do is a private attorney general suit for yourself and all others similarly situated.
[37:28.500 --> 37:35.500] Okay, there is a special file that has an odd name.
[37:35.500 --> 37:41.500] I think it's in Chapter 20 of the government code.
[37:41.500 --> 37:49.500] It's a file they're supposed to keep on all bond money that they collect.
[37:49.500 --> 37:53.500] So whatever the name of it starts with an S, it's an odd name.
[37:53.500 --> 37:56.500] It's probably some litigant's name.
[37:56.500 --> 38:03.500] But if you ask for that, and we take all the numbers on that and sue them for that amount in triplicate,
[38:03.500 --> 38:12.500] because it's out asking, requiring a bond is beyond scope.
[38:12.500 --> 38:18.500] They can require bail, not bond.
[38:18.500 --> 38:22.500] Okay, does everybody understand the difference between bail and bond?
[38:22.500 --> 38:25.500] Yes, in case, let me explain.
[38:25.500 --> 38:36.500] Bail, according to Texas law, is a written agreement between the accused and the state,
[38:36.500 --> 38:45.500] wherein the accused pledges property worth free of all encumbrance,
[38:45.500 --> 39:00.500] double the amount of the fine for the specific offense, or double the amount of the bail money set.
[39:00.500 --> 39:01.500] That's bail.
[39:01.500 --> 39:03.500] It does not involve any money.
[39:03.500 --> 39:13.500] If you are indigent and you have no property free of encumbrance that you can pledge,
[39:13.500 --> 39:15.500] it's an alternative to bail.
[39:15.500 --> 39:18.500] You can post a cash spot.
[39:18.500 --> 39:22.500] But that's an alternative option.
[39:22.500 --> 39:25.500] That's not something that can be required.
[39:25.500 --> 39:28.500] But these guys want the money.
[39:28.500 --> 39:33.500] See, when a bondsman posts bond, he doesn't post bond.
[39:33.500 --> 39:35.500] They should not be called bondsmen.
[39:35.500 --> 39:39.500] They're bailmen.
[39:39.500 --> 39:42.500] The bondsman puts up property.
[39:42.500 --> 39:52.500] And he can write bonds for 50% of the amount, technically 50% of the amount of value of property he puts up.
[39:52.500 --> 40:00.500] But they actually allow them to write 10 times that amount.
[40:00.500 --> 40:05.500] But he's posting bail for you, not bond.
[40:05.500 --> 40:11.500] I would be really curious if I had used bail bondsmen.
[40:11.500 --> 40:19.500] I mean, without a date when they wanted me to come back and appear, what would the bail bondsman do?
[40:19.500 --> 40:30.500] He would have taken your money and left it to you to figure out the rest.
[40:30.500 --> 40:49.500] So with no trial date, you definitely need to get something in before they set a trial date so that if they do set a trial date, it looks like they're trying to cover their behinds.
[40:49.500 --> 40:53.500] I'm pretty sure that's what they're going to be doing anyway.
[40:53.500 --> 41:05.500] Let's look at Chapter 87, Local Government Code, General Grounds for Removal.
[41:05.500 --> 41:17.500] And every one of them used government equipment for the purpose of extorting money from you.
[41:17.500 --> 41:20.500] That's efficient as conduct.
[41:20.500 --> 41:25.500] And efficient as conduct, something they can be removed for.
[41:25.500 --> 41:36.500] So you might file a petition for removal of all of these officials for efficient as conduct.
[41:36.500 --> 41:39.500] That'll get their attention.
[41:39.500 --> 41:45.500] The best ones are the jailers that really had nothing to do with all of this.
[41:45.500 --> 41:51.500] They're sitting over there feeling like, hey, man, I'm just doing my job.
[41:51.500 --> 41:53.500] Sorry, Bubba.
[41:53.500 --> 42:00.500] You got that peace officer certification and you are employed as a peace officer.
[42:00.500 --> 42:04.500] You have a duty to enforce law.
[42:04.500 --> 42:12.500] And I did ask those jailers, as I passed the different ones of them and they handed me off to each other, I asked each one of them,
[42:12.500 --> 42:15.500] would you please take me to the magistrate?
[42:15.500 --> 42:17.500] He's right across the street.
[42:17.500 --> 42:21.500] He and she, there's a district judge and a county judge that were over there.
[42:21.500 --> 42:24.500] And I said, would you please take me over here?
[42:24.500 --> 42:26.500] Everybody insists that I have a warrant.
[42:26.500 --> 42:27.500] They can't show it to me.
[42:27.500 --> 42:33.500] But if there is one, would you please take me over there?
[42:33.500 --> 42:37.500] They wouldn't do it.
[42:37.500 --> 42:45.500] It may be a good case to get a ruling in the court that we would very much like to see.
[42:45.500 --> 42:54.500] And I have the argument, they're going to say you don't have a right to examining trial and we're going to say so what?
[42:54.500 --> 42:58.500] You know, they were required to take you to a magistrate for an examining trial.
[42:58.500 --> 43:02.500] And they were going to say you don't have a right to it and we're going to say who cares?
[43:02.500 --> 43:04.500] What's that got to do with anything?
[43:04.500 --> 43:09.500] They had a statutory duty to take and they breached that duty.
[43:09.500 --> 43:13.500] So that's pretty well dead bag.
[43:13.500 --> 43:18.500] Would you rather do it in the state or the federal court?
[43:18.500 --> 43:20.500] Do it in the state.
[43:20.500 --> 43:22.500] Do it in the state.
[43:22.500 --> 43:25.500] Enforce them to move it to the feds.
[43:25.500 --> 43:28.500] They'll buy their way out like they did here in Garland.
[43:28.500 --> 43:34.500] I filed two on them in the state and they saw how it was kind of going in a little pre-trial hearing.
[43:34.500 --> 43:37.500] They jumped over the next day and moved that to the feds.
[43:37.500 --> 43:41.500] Spent 450 bucks a whack on it.
[43:41.500 --> 43:42.500] Oh good.
[43:42.500 --> 43:43.500] We get them to pay it.
[43:43.500 --> 43:44.500] Okay.
[43:44.500 --> 43:45.500] Hang on.
[43:45.500 --> 43:46.500] Going to break.
[43:46.500 --> 43:47.500] Randy Kelton.
[43:47.500 --> 43:59.500] We'll be right back.
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[46:22.500 --> 46:35.500] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 19th day of July, 2019.
[46:35.500 --> 46:39.500] And we're talking to Scott in Texas.
[46:39.500 --> 46:41.500] Okay.
[46:41.500 --> 46:43.500] And I kind of agree.
[46:43.500 --> 46:49.500] You file in the state court and give the state court every opportunity to screw up.
[46:49.500 --> 46:56.500] And you can be relatively sure they will avail themselves of that opportunity.
[46:56.500 --> 47:01.500] They've always been very accommodating in that way.
[47:01.500 --> 47:13.500] My favorite one is when the judge rules against you arbitrarily out of hand, you ask for findings affecting conclusions of law, which you would ignore.
[47:13.500 --> 47:19.500] Then you file criminally against him for that.
[47:19.500 --> 47:26.500] And that is official misconduct.
[47:26.500 --> 47:32.500] I've had judges tell me, I'm not required to give you findings of factor conclusions of law, and I'm not going to.
[47:32.500 --> 47:38.500] Well, a county or municipal court is not required to.
[47:38.500 --> 47:40.500] That's what they think.
[47:40.500 --> 47:54.500] Once it's time to appeal, the Texas Rules of Appellate Procedure, Rule 34.5, says that unless you agree to the record being complete without it, they need to produce it.
[47:54.500 --> 48:00.500] So they want you to go ahead and just let that slide, because you don't say anything.
[48:00.500 --> 48:02.500] 34.5.
[48:02.500 --> 48:06.500] Yeah.
[48:06.500 --> 48:24.500] But what I like is if you go in there with a declaratory judgment, because what you were talking about when you went in there to rock wall, I think you were talking about some of the motions where you were forcing them to produce or show something and then whatever they don't agree to.
[48:24.500 --> 48:27.500] I forgot exactly what you called it.
[48:27.500 --> 48:36.500] But then that's all automatically used against them. So if you go in there with a declaratory judgment, then they can't just rule out of hand automatically.
[48:36.500 --> 48:44.500] They have to declare that you have standing to even bring suit to case.
[48:44.500 --> 48:51.500] And if they declare in your favor, then you pretty much presumptually won the case out of hand already.
[48:51.500 --> 49:00.500] So you've already, with that declaratory, that's what I turned around, because all those suits I filed, they ruled out of hand on every one of them.
[49:00.500 --> 49:02.500] It said, no, no, no, no, it doesn't.
[49:02.500 --> 49:11.500] What is it that, you know, they always say where failed to stay to claim on which recovery can be had?
[49:11.500 --> 49:12.500] Rule 12.
[49:12.500 --> 49:13.500] Exactly.
[49:13.500 --> 49:21.500] And then, yeah, and then they hide behind that sovereign immunity and all that other good crap and goes along with it.
[49:21.500 --> 49:29.500] You're one that got me out because I took all those suits and then I rewrote them to declaratory judgment.
[49:29.500 --> 49:33.500] And now they couldn't go with that rule 12B or whatever.
[49:33.500 --> 49:35.500] On the state side, it's something else.
[49:35.500 --> 49:37.500] That's 12B.
[49:37.500 --> 49:44.500] Then now they're stuck in a dilemma because they have to make a decision.
[49:44.500 --> 49:51.500] And if you keep on them and force it, somebody, because mine, they all just kept getting dismissed.
[49:51.500 --> 49:54.500] And, you know, finally, everything just kind of bloated over.
[49:54.500 --> 49:55.500] I had so much.
[49:55.500 --> 50:05.500] It was, I couldn't really drill down and stay focused on it enough with this, you know, and plus it was a learning curve on so many things and it was happening all at once.
[50:05.500 --> 50:13.500] But these declaratory judgments, I think, are going to be a way to open the door to get these people to admit to something,
[50:13.500 --> 50:21.500] especially if they're starting to drag up an old case with a ticket where the cops didn't even have the authority to be out there and force a transportation to start with.
[50:21.500 --> 50:29.500] Now that you're getting back in here and exposing all these people and you're doing a forensic audit on them, like we've talked about a long time ago.
[50:29.500 --> 50:31.500] I mean, we have all the evidence.
[50:31.500 --> 50:33.500] We have all the proof.
[50:33.500 --> 50:39.500] Now it's getting these courts to actually make a declaration about the law.
[50:39.500 --> 50:44.500] And that's where, you know, they're running just off the rails on everything.
[50:44.500 --> 50:45.500] Yeah.
[50:45.500 --> 50:46.500] What do you think?
[50:46.500 --> 50:49.500] I mean, we follow on them every which way.
[50:49.500 --> 50:51.500] But, you know, it's like Mr. Ahol there.
[50:51.500 --> 51:02.500] He needs to be specifically named, you know, in his own little private suit just because of his attitude and, you know, professional conduct.
[51:02.500 --> 51:15.500] You know, and once these guys start getting called on, it's like the cop over there, Mesquite, I put a suit on him that specifically for, say, I could get shot in the head for exercising my constitutional rights.
[51:15.500 --> 51:29.500] It's like, wait a minute, let's put this on the record because once you start putting this on the record, even those suits, even though those, and they got all moved up to federal court and they're all floating around, they all got dismissed, but they're all on the record.
[51:29.500 --> 51:37.500] People could still pull up my name and go find those federal suits in paper, pacer, and read that stuff.
[51:37.500 --> 51:47.500] And once you read it and put all the pieces together, connect all the dots, it's like everybody could start filing that stuff.
[51:47.500 --> 51:53.500] And it'd be, oh my gosh, that's when these people start waking up and smelling the coffee.
[51:53.500 --> 52:02.500] And they just hadn't been called out on the carpet and they definitely need to be wrangled in because of their professional conduct.
[52:02.500 --> 52:10.500] I mean, this judge is arbitrarily running off the rails saying, oh, I'm going to drag up this case because you probably heard about you somewhere down the road.
[52:10.500 --> 52:16.500] And all those judges have their own little conferences when they talk and blah, blah, blah, blah, and this one's going to put her foot down.
[52:16.500 --> 52:22.500] Well, that'll cost you.
[52:22.500 --> 52:29.500] That's my thought on it, you know.
[52:29.500 --> 52:32.500] Well, that's the legal earth, that tool I'm building.
[52:32.500 --> 52:40.500] That's what it was designed to do is, you know, okay, I'm going to, we're going to work with Brett building a lawsuit for these guys.
[52:40.500 --> 52:53.500] And in the process, I will build a set of questionnaires to ask for the information we need in order to file the documents that we're going to file.
[52:53.500 --> 52:59.500] And then I can take that and add it to the traffic site.
[52:59.500 --> 53:10.500] I'll go ahead and energize that traffic site. I think I'm close enough with the rest of my stuff that I can go ahead and unleash part of this.
[53:10.500 --> 53:19.500] I'll take this traffic site and energize it. I have, I have the first part up. I don't have the second.
[53:19.500 --> 53:25.500] I've got it written. I just don't have it implemented.
[53:25.500 --> 53:31.500] And you go to court the first time and come back, you fill out this second questionnaire.
[53:31.500 --> 53:35.500] And that's when the sky really begins to fall in on them.
[53:35.500 --> 53:43.500] It asks for findings of fact and conclusions at law for each issue in each motion.
[53:43.500 --> 53:49.500] And what I'll do with those is construct our own findings of fact and conclusions.
[53:49.500 --> 54:00.500] And ask the court to accept ours or produce one for us so as to allow us the right to appeal.
[54:00.500 --> 54:05.500] Speaking of appeal, I think that might be a good thing to pick your brain about Randy.
[54:05.500 --> 54:10.500] You've mentioned several times that we don't expect to win in the trial court.
[54:10.500 --> 54:16.500] We pretty much just expect them to rule against us out of hand at every turn.
[54:16.500 --> 54:24.500] And sure enough, they do. We can't expect to win until it gets to an appeal court.
[54:24.500 --> 54:28.500] Well, sometimes they make it really difficult to get to the appeals court.
[54:28.500 --> 54:35.500] They won't provide the transcript or they won't hold a hearing on inability to pay
[54:35.500 --> 54:41.500] or they won't respond to the requests for findings of fact and conclusions of law.
[54:41.500 --> 54:46.500] Yeah, we need to build in petitions for rid of mandamus.
[54:46.500 --> 54:54.500] Petitions for rid of mandamus are somewhat technical and would be very difficult for a prosa to produce.
[54:54.500 --> 55:01.500] But I've already produced them. So I got all that technical stuff done.
[55:01.500 --> 55:07.500] And there's a special way you have to craft the attachments.
[55:07.500 --> 55:14.500] You have to be in searchable PDF format and your filing can only be a certain size.
[55:14.500 --> 55:20.500] But we can do all of that once we have it structured one time.
[55:20.500 --> 55:22.500] This done.
[55:22.500 --> 55:28.500] I've done that a few times. In fact, I did one handwritten because I was there at the courtroom.
[55:28.500 --> 55:32.500] The judge said that I had to be filed right then.
[55:32.500 --> 55:39.500] Okay, you got a pen and some paper. They looked at me like I was from Mars.
[55:39.500 --> 55:45.500] And I wrote out for rid of mandamus right there.
[55:45.500 --> 55:47.500] I love it. I love it.
[55:47.500 --> 55:54.500] You know, another thing too, if you really want to turn the heat up, go right after the county judge too.
[55:54.500 --> 56:01.500] And, you know, and start naming the district attorney and, you know, because this all goes, you know...
[56:01.500 --> 56:07.500] You're talking about running the routine on him, going criminally against the county judge.
[56:07.500 --> 56:12.500] Yeah, go straight at the county judge, drag him into it, drag the district attorney.
[56:12.500 --> 56:16.500] No, wait. The county judge is the key actor. Isn't that correct, Brett?
[56:16.500 --> 56:25.500] Yes. Yes, the county judge. And I also filed against her. I also filed against the district judge.
[56:25.500 --> 56:31.500] And he just happened to be the magistrate that came into the jail and said, no, I can't let you out on personal reconnaissance.
[56:31.500 --> 56:37.500] There's no date for you to appear besides she wrote down here that she wants $1,500 from you.
[56:37.500 --> 56:44.500] Well, I pretty much considered that a crime, not to mention the crimes of him making me sign documents that he wasn't allowing me to read.
[56:44.500 --> 56:47.500] And the fact that he did not hold an examining trial?
[56:47.500 --> 56:53.500] Yeah, I asked him for one. He says, no, you're not getting an examining trial.
[56:53.500 --> 56:58.500] Oh, perfect. And that's the county judge? Oh my gosh.
[56:58.500 --> 57:00.500] No, no, that was the district judge.
[57:00.500 --> 57:02.500] That was the district judge.
[57:02.500 --> 57:04.500] Oh, okay. Yeah, we'll go...
[57:04.500 --> 57:10.500] I've got criminal complaints against both of them and a criminal complaint against the district attorney.
[57:10.500 --> 57:19.500] Actually, it's an assistant district attorney who did the crimes against me, but I filed against the district attorney.
[57:19.500 --> 57:24.500] You know, agent of the principal and respond against the superior.
[57:24.500 --> 57:36.500] So the district attorney, who probably wasn't even involved, didn't know a thing about it, should have paid attention so that the people that are working for her, you know,
[57:36.500 --> 57:43.500] she hires people to come in and do janitorial services and she hires other people to assist with different things.
[57:43.500 --> 57:47.500] Well, one of them put her butt on the line.
[57:47.500 --> 57:50.500] This gets back to another question, though.
[57:50.500 --> 58:00.500] I thought only district attorneys could bring criminal cases into a court and the judge is supposed to be the neutral arbitrator to see if the county judge...
[58:00.500 --> 58:06.500] No, no, no, no. District attorneys cannot bring criminal complaints.
[58:06.500 --> 58:22.500] In order to avoid the obvious evils of the accumulation of power in any one office, for the purpose of filing a criminal accusation, a prosecuting attorney is not a credible person.
[58:22.500 --> 58:30.500] Hang on. Dr. Goodebrae, Randy Kelton, Brett Fountain, Ruth of La Radio, a call in number 512-646-1984.
[58:30.500 --> 58:36.500] Adam, Sonny, Tim, I'll see you all there. We'll get you, everybody. We'll be right back.
[59:00.500 --> 59:05.500] The New Testament recovery version is one of the most comprehensive study bibles available today.
[59:05.500 --> 59:12.500] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
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[01:00:10.500 --> 01:00:15.500] And the inside scoop into the tides of the alternative.
[01:00:40.500 --> 01:01:02.500] Today in history, the year 1870, the Roman Catholic holiday of Christmas is declared a federal holiday in the United States.
[01:01:02.500 --> 01:01:07.500] Today in history.
[01:01:07.500 --> 01:01:21.500] In recent years, Representative Michael Berges, Republican from the 26th Texas Congressional District, centering in Denton County, defended the controversial conditions in which the facilities being used to house child immigrants are supposedly found in on MSNBC earlier this week.
[01:01:21.500 --> 01:01:28.500] The lawmaker stated, quote, I've been to Casa Padre in Brownsville, Texas, and yes, it's a restored Walmart.
[01:01:28.500 --> 01:01:36.500] And you know what? There's not a lock on the door. Any child is free to leave at any time, but they don't. You know why? Because they are well taken care of.
[01:01:36.500 --> 01:01:39.500] And that they are, quote, free to leave at any time.
[01:01:39.500 --> 01:01:46.500] Apparently children must leave the facility with a parent or guardian who has passed a background check if they wish to stay in the United States.
[01:01:46.500 --> 01:01:53.500] But the child is free to leave by themselves if they return to where they came from.
[01:01:53.500 --> 01:02:06.500] General Motors Company is planning on investing $20 million at its Arlington Assembly plant in order to fit it to build the next generation of GM's full-size SUVs. General Johnson, GM Executive Vice President of Global Manufacturing stated that, quote,
[01:02:06.500 --> 01:02:27.500] we've been building trucks in Texas for more than 20 years and our additional investment in Arlington Assembly is proof of our commitment and confidence in our Arlington team. The automaker built the Chevrolet Tahoe and Suburban, the GMC Yukon and Yukon XL, and the catalog escalated at the 250-acre Arlington plant.
[01:02:27.500 --> 01:02:39.500] A report released by the insurance company Allstate looked into collision claims across the U.S. Two Texas cities made the list of safest cities to drive in with Laredo at number five and McAllen at number nine.
[01:02:39.500 --> 01:02:42.500] So let's keep driving safe, Texas.
[01:02:42.500 --> 01:03:00.500] Lowdown is currently looking for sponsors. If you have a product or a service that you'd like to advertise with us, feel free to shoot me an e-mail at rickrody.com and that's rickrody.com. This is the Lowdown for June 26, 2019.
[01:03:00.500 --> 01:03:24.500] It's all according to the will of the Almighty. I read his book and it says he cares for the unsightly. These warmongers come by that time of right day.
[01:03:24.500 --> 01:03:38.500] I will pay for the war with my bike. Ain't gonna pay for the car with my money. I won't pay for the fun with my bike.
[01:03:38.500 --> 01:03:46.500] Okay, we are back. Randy Kelton, fountain wheel of law radio and talking to Scott in Texas.
[01:03:46.500 --> 01:03:59.500] Okay, so I'm in the state, give the state every opportunity to screw up and then bring the whole state with you when you go to the feds.
[01:03:59.500 --> 01:04:19.500] All the state actors we were talking on the break about, we need to get a better professional conduct complaint form. Make up a tool just for that so that it asks you all the questions you need to produce a professional conduct complaint.
[01:04:19.500 --> 01:04:31.500] And start spitting these things out as a matter of course. Scott, you've filed a few of those. You can speak to how effective they are.
[01:04:31.500 --> 01:04:40.500] They're really effective. You start filing those tea clothes complaints against those cops and it really shakes them up good.
[01:04:40.500 --> 01:04:49.500] They now put sticky notes on the back of a ticket over here in Garland. If you got a complaint, please just call the police department and go straight to them.
[01:04:49.500 --> 01:05:01.500] And I'm like, that was after I filed the first tea clothes and then they started doing the sticky on the back of the ticket and that was Pastor Massage.
[01:05:01.500 --> 01:05:10.500] So, yeah, because after I filed the first one, then they start putting the stickers on the back of the ticket. They called and said like, oh no, they gave me that ticket.
[01:05:10.500 --> 01:05:16.500] They put that sticker on there. I just laughed. I'm like, hell no, I'm putting the tea clothes on following this.
[01:05:16.500 --> 01:05:22.500] The cop wrote me the ticket at like 8.30 that morning at 10 o'clock that same morning.
[01:05:22.500 --> 01:05:32.500] I'm dropping off the tea clothes in the drop box at the police station and mailing the other one to Austin. And yeah, it starts to really affect them.
[01:05:32.500 --> 01:05:40.500] Once you start popping them with those things, two or three or a couple of three or those, man, and they wake up pretty quick.
[01:05:40.500 --> 01:05:49.500] That's because they got an insurance agent there who's just looking for a reason to raise a bond rating.
[01:05:49.500 --> 01:05:56.500] That's his job. He don't care if they're valid or not. They get one.
[01:05:56.500 --> 01:06:06.500] You're screwed. And the cops, you know, they get enough complaints against him. They become unemployable.
[01:06:06.500 --> 01:06:13.500] The one I like the best is citing the policeman for writing the ticket.
[01:06:13.500 --> 01:06:19.500] You cite the policeman for following procedure.
[01:06:19.500 --> 01:06:22.500] Specifically, procedure that breaks the law.
[01:06:22.500 --> 01:06:27.500] Yeah, there's nothing better than that.
[01:06:27.500 --> 01:06:34.500] Not the guy who said I'm anus rectum. That's stupid.
[01:06:34.500 --> 01:06:39.500] But the guys who followed policy did exactly what policy told them.
[01:06:39.500 --> 01:06:45.500] The jailers. The jailers, it's my own business. They're doing their job. You sting them.
[01:06:45.500 --> 01:06:55.500] They're going to have a conniption. If every jailer in the jail gets a professional condo complaint, these guys are not going to be happy campers.
[01:06:55.500 --> 01:07:04.500] And then you've got a bonding agent here that says your department got this many professional condo complaints.
[01:07:04.500 --> 01:07:08.500] And up goes your bond rating.
[01:07:08.500 --> 01:07:15.500] Wendy, do you think it would be a good idea in the complaints against the jailers?
[01:07:15.500 --> 01:07:21.500] And you're saying they're kind of like, it's not really their fault. They were just thinking that they're doing their job.
[01:07:21.500 --> 01:07:37.500] Do you think it would be a good idea in those complaints to reference the man who called himself an insert crude word here and reference it so that they can see who to get upset with?
[01:07:37.500 --> 01:07:44.500] Sure. Describe everything in those complaints specifically to what people have said.
[01:07:44.500 --> 01:07:54.500] And that way you call everybody out. And they all have to start looking at each other, you know, going, oh, you said this and you said that.
[01:07:54.500 --> 01:07:58.500] Put it all on the record. And that's the whole thing.
[01:07:58.500 --> 01:08:09.500] Yeah, I was thinking of how to craft that. The officer clearly articulated that he did this just to punish you.
[01:08:09.500 --> 01:08:17.500] And all of these jailers acted in concert and collusion with this one officer to punish you.
[01:08:17.500 --> 01:08:23.500] And you can have jailers there. These guys, they want to be good guys.
[01:08:23.500 --> 01:08:32.500] I spent time in Austin jail. The last time I was in Austin jail, the jailers said, you again?
[01:08:32.500 --> 01:08:35.500] And you know, they were real pleasant.
[01:08:35.500 --> 01:08:38.500] I complained about room service.
[01:08:38.500 --> 01:08:46.500] And the next time he brought me a baloney sandwich, he opened the door and I was laying on the bunk all the way across the cell.
[01:08:46.500 --> 01:08:48.500] He said, oh, don't get up.
[01:08:48.500 --> 01:08:55.500] We have improved our room service around here the way you requested. And he threw the sandwich at me.
[01:08:55.500 --> 01:09:03.500] These aren't bad guys. You know, they're not out there to be miserable and give people a hard time.
[01:09:03.500 --> 01:09:11.500] And they're the best ones to sting because they are going to come unglued.
[01:09:11.500 --> 01:09:22.500] I'm getting a professional conduct complaint against me because of you guys. You guys need to fix this politics.
[01:09:22.500 --> 01:09:24.500] Yeah.
[01:09:24.500 --> 01:09:32.500] And that's why I like to, I like to get the least guilty person.
[01:09:32.500 --> 01:09:39.500] I want the person that's acting exactly in accordance with policy and sting him.
[01:09:39.500 --> 01:09:45.500] I want to sting the guy who's really a jerk.
[01:09:45.500 --> 01:09:53.500] I want to sting the guy who's doing what he's supposed to or doing what he believes he's supposed to.
[01:09:53.500 --> 01:09:57.500] And this comes out of the clear blue sky for him.
[01:09:57.500 --> 01:09:59.500] You know, why are you picking on me?
[01:09:59.500 --> 01:10:06.500] So, well, you should have fixed it and politics creates the politics.
[01:10:06.500 --> 01:10:09.500] That's the way I'm sticking to it.
[01:10:09.500 --> 01:10:13.500] Well, I'll end on this. I'll let y'all get back to the next callers.
[01:10:13.500 --> 01:10:20.500] But if you want any of the lawsuits that I got, all the way from county judge where it names a county judge to the district attorney,
[01:10:20.500 --> 01:10:26.500] back to the original cop or any of the declaratory judgements, you got my email address and, you know,
[01:10:26.500 --> 01:10:32.500] Can you zip those in a file and they're probably too big to email.
[01:10:32.500 --> 01:10:35.500] Can you drop them into Skype for me?
[01:10:35.500 --> 01:10:38.500] Yeah, I can do something. I can get them over to you.
[01:10:38.500 --> 01:10:48.500] And then, especially the one that talks about the goes after the county judge because it names it goes into the liability.
[01:10:48.500 --> 01:10:52.500] And that's where I've discovered that.
[01:10:52.500 --> 01:10:54.500] Oh, there's two types of liability.
[01:10:54.500 --> 01:10:56.500] I can't really forget the names of it right now.
[01:10:56.500 --> 01:11:01.500] But I was strict and oh, what was that other one anyway?
[01:11:01.500 --> 01:11:05.500] It's in there. It's all listed in there in the lawsuit.
[01:11:05.500 --> 01:11:09.500] So but I know there's probably some other callers that want to get on.
[01:11:09.500 --> 01:11:15.500] So I'll go ahead and jump off here and I'll let y'all get on down the road and we'll just catch up next week.
[01:11:15.500 --> 01:11:18.500] Okay. Thank you, Scott.
[01:11:18.500 --> 01:11:20.500] Okay.
[01:11:20.500 --> 01:11:24.500] So we need to work out a plan.
[01:11:24.500 --> 01:11:28.500] And this is what I do when I do a suit.
[01:11:28.500 --> 01:11:35.500] I look at all of the issues I got and then make up a story.
[01:11:35.500 --> 01:11:38.500] We make up a really good sounding story.
[01:11:38.500 --> 01:11:48.500] And then we go back to all of the issues and see which issues fit nicely into the story and which ones don't.
[01:11:48.500 --> 01:11:52.500] And then we'll always have more issues than we can get to.
[01:11:52.500 --> 01:11:57.500] And we only go after the issues that tend to support our story.
[01:11:57.500 --> 01:12:04.500] If you look on Jurisimprudence.website at the Cherokee County Complaints.
[01:12:04.500 --> 01:12:07.500] That's exactly what I did there.
[01:12:07.500 --> 01:12:12.500] And every complaint adds to the one before it.
[01:12:12.500 --> 01:12:18.500] It bounces off the one before it and adds to it and it everything sticks together.
[01:12:18.500 --> 01:12:20.500] It makes one coherent story.
[01:12:20.500 --> 01:12:24.500] We can do this. That'll be fun.
[01:12:24.500 --> 01:12:30.500] Okay. Let's go to Adam in Texas. Hello, Adam.
[01:12:30.500 --> 01:12:32.500] Honey.
[01:12:32.500 --> 01:12:36.500] Have you been, I know you've been causing trouble.
[01:12:36.500 --> 01:12:39.500] Oh, man, I'm getting, I'm getting that deep.
[01:12:39.500 --> 01:12:42.500] I got more chickens in the pot than I can deal with.
[01:12:42.500 --> 01:12:50.500] But I want to focus on the fattest chicken and one I like the most tastiest one, I think.
[01:12:50.500 --> 01:13:00.500] And so a couple of months ago, my wife got pulled over in Kendall County.
[01:13:00.500 --> 01:13:07.500] And she, you know, followed the script every day.
[01:13:07.500 --> 01:13:15.500] She's real polite, calm, and anyway, it turned out to be a pops arrest, you know, if that stands for PO, the police officer.
[01:13:15.500 --> 01:13:22.500] And so they started, you know, wanting to show her who's in charge, you know, they got a little aggressive.
[01:13:22.500 --> 01:13:30.500] And anyway, they got out of the car and they were just, you know, in their attempt to show her,
[01:13:30.500 --> 01:13:36.500] because you, you know, refused to cooperate, which we have the right to do in certain issues.
[01:13:36.500 --> 01:13:39.500] You know, if you don't lick their boot, they're going to show you.
[01:13:39.500 --> 01:13:45.500] They should try to show her and you just stay quiet, let them do their thing and then interrupt them while they're making mistakes.
[01:13:45.500 --> 01:13:53.500] Anyway, they were all of a sudden positive that she was driving while intoxicated.
[01:13:53.500 --> 01:13:58.500] And she just calmly sat there and let them do their thing.
[01:13:58.500 --> 01:14:02.500] And anyway, they filed for a blood warrant.
[01:14:02.500 --> 01:14:11.500] They got the blood warrant and I'm doing some follow up PIRs on the district judge that issued the blood warrant to make sure they crossed the T's and got their eyes.
[01:14:11.500 --> 01:14:12.500] Those are out.
[01:14:12.500 --> 01:14:17.500] I'm waiting for the return on those public information requests to build my case.
[01:14:17.500 --> 01:14:22.500] Anyway, they were just, you know, positive.
[01:14:22.500 --> 01:14:23.500] Oh, they caught them one, right?
[01:14:23.500 --> 01:14:25.500] They caught them a drunk driver, right?
[01:14:25.500 --> 01:14:28.500] And then, you know, but it was more for their ego than anything.
[01:14:28.500 --> 01:14:48.500] So, well, we got the blood results back and it was 0.047, clearly far under the 0.8 requirement to constitute a driving while intoxicated.
[01:14:48.500 --> 01:15:00.500] So, now all their little, all the things they put in their report, like, oh, slurred speech, you know, and she just cross-eyed, no, and stumbling, you know.
[01:15:00.500 --> 01:15:04.500] Once I get to, if I can get the video, the video is going to prove that's all nonsense.
[01:15:04.500 --> 01:15:12.500] But all their little fabrications that they routinely put in these reports just because they like to stick it to people.
[01:15:12.500 --> 01:15:18.500] Well, the blood result, I mean, clearly, clear, that's not the case.
[01:15:18.500 --> 01:15:25.500] So, do you have anything to say now that we got the blood work back and she was clearly not intoxicated?
[01:15:25.500 --> 01:15:32.500] She wasn't doing anything more than anybody, went to a bar, had a couple beers left, millions of people do that every day.
[01:15:32.500 --> 01:15:48.500] I want to steer this to more of a, you know, an arrest based on the officer's ego more than an arrest based on actual...
[01:15:48.500 --> 01:15:53.500] Okay, why did they stop her to start with?
[01:15:53.500 --> 01:16:04.500] The county deputy passed by her, she had hit a deer going down I-10, hit a deer going 70 miles an hour.
[01:16:04.500 --> 01:16:13.500] A deer crumpled the front of her little car and she came into town into Bernie and was looking for a hotel in the middle of the night,
[01:16:13.500 --> 01:16:22.500] going about, going maybe 5, 10 miles under the speed limit because she had nailed this deer and, you know, there's radiator fluid squirting out.
[01:16:22.500 --> 01:16:26.500] She's just going on, you know, about her way a little slowly trying to...
[01:16:26.500 --> 01:16:36.500] And the cop passed her and ran her plate and her registration was expired so the county deputy pulled over for expired registration.
[01:16:36.500 --> 01:16:37.500] And that's...
[01:16:37.500 --> 01:16:42.500] Okay, what's the rule on that, Brett?
[01:16:42.500 --> 01:16:44.500] About the registration?
[01:16:44.500 --> 01:16:47.500] Yeah.
[01:16:47.500 --> 01:16:53.500] It's in Section C or is it in Section B?
[01:16:53.500 --> 01:16:56.500] You can only pull over for what's in Section C?
[01:16:56.500 --> 01:16:59.500] Yeah, they can only pull over for what's in Section C, but I'm trying to remember about...
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[01:19:31.500 --> 01:19:47.500] Okay, we are back.
[01:19:47.500 --> 01:19:51.500] Thank you, Kelton, Brett, Fountain, Rue LeVar Radio, and we're talking to Adam in Texas.
[01:19:51.500 --> 01:19:58.500] And, okay, Brett, address registration.
[01:19:58.500 --> 01:20:06.500] Well, so did your wife have a warrant for her arrest at the time?
[01:20:06.500 --> 01:20:08.500] Absolutely not.
[01:20:08.500 --> 01:20:13.500] No. All right, so then they would be doing an arrest without warrant.
[01:20:13.500 --> 01:20:19.500] And that says here in the Texas Transportation Code, it's section 543001.
[01:20:19.500 --> 01:20:25.500] It says that they can arrest, a peace officer can arrest without warrant.
[01:20:25.500 --> 01:20:29.500] Someone found committing a violation of this subtitle.
[01:20:29.500 --> 01:20:38.500] So that limits the scope of what it is that they're allowed to come and just grab somebody off the road for no apparent reason.
[01:20:38.500 --> 01:20:44.500] But if they found somebody violating this subtitle, that's subtitle C.
[01:20:44.500 --> 01:20:51.500] That's anything that's in the range of sections 541 all the way up to 600.
[01:20:51.500 --> 01:20:56.500] Well, it just so happens that this registration business is not in that scope.
[01:20:56.500 --> 01:21:00.500] It's over in 502, I believe.
[01:21:00.500 --> 01:21:06.500] So that's not in subtitle C. They can't just arrest somebody for registration reasons.
[01:21:06.500 --> 01:21:10.500] Also, they like to pull up behind somebody and see about insurance.
[01:21:10.500 --> 01:21:14.500] And if they don't think you have insurance, not valid, well, they'll pull you over for that.
[01:21:14.500 --> 01:21:16.500] But that's over in 601.
[01:21:16.500 --> 01:21:20.500] They can't pull you over for that and arrest you for that either.
[01:21:20.500 --> 01:21:25.500] Yeah, on top of that.
[01:21:25.500 --> 01:21:27.500] Sorry.
[01:21:27.500 --> 01:21:39.500] I said on top of that, I've got the PIR out to the commissioners court in that county to see if this particular county deputy is a traffic control officer.
[01:21:39.500 --> 01:21:49.500] I also doubt that this officer has the training certification or authority to enforce the coders according to the administrative code.
[01:21:49.500 --> 01:21:51.500] So I'm going after all of that.
[01:21:51.500 --> 01:21:58.500] And in the subtitle C, the definition of police officer clearly says it doesn't say anybody with the badge.
[01:21:58.500 --> 01:22:05.500] It just says there's an officer that has the authority by law to enforce the traffic code.
[01:22:05.500 --> 01:22:06.500] Right.
[01:22:06.500 --> 01:22:12.500] So I'm guessing this deputy doesn't meet any of that criteria.
[01:22:12.500 --> 01:22:21.500] And have you charged him with first degree felony aggravated assault yet?
[01:22:21.500 --> 01:22:22.500] Not yet.
[01:22:22.500 --> 01:22:28.500] I'm waiting for my PIRs to get back because I'm going to go through the, let them mess that up and start hammering on that.
[01:22:28.500 --> 01:22:31.500] And then I'm going to start letting crimes go.
[01:22:31.500 --> 01:22:32.500] Okay.
[01:22:32.500 --> 01:22:40.500] Did you hear the reference to chapter 87 local government code?
[01:22:40.500 --> 01:22:42.500] Yes, I did.
[01:22:42.500 --> 01:22:45.500] And that's a petition for removal.
[01:22:45.500 --> 01:22:46.500] Yeah.
[01:22:46.500 --> 01:22:50.500] Make sure you check that one out.
[01:22:50.500 --> 01:22:55.500] We will be building pleadings for each one of these.
[01:22:55.500 --> 01:22:56.500] Yeah.
[01:22:56.500 --> 01:22:57.500] Yeah.
[01:22:57.500 --> 01:22:59.500] So anyway, go ahead.
[01:22:59.500 --> 01:23:02.500] No, no, go ahead again.
[01:23:02.500 --> 01:23:03.500] Yeah.
[01:23:03.500 --> 01:23:08.500] So the, you know, all it amounted to was the officers pulled my wife over.
[01:23:08.500 --> 01:23:10.500] She wasn't doing anything wrong.
[01:23:10.500 --> 01:23:16.500] In fact, she hit a deer, you know, she was kind of in need of assistance, you know, like protect and serve.
[01:23:16.500 --> 01:23:17.500] Right.
[01:23:17.500 --> 01:23:18.500] That's what she's in need of.
[01:23:18.500 --> 01:23:20.500] But they started trying to pull all this.
[01:23:20.500 --> 01:23:26.500] Well, we're DPS officers, even though they're county, county mounies and, you know, we're the law.
[01:23:26.500 --> 01:23:29.500] Impersonating the public official too.
[01:23:29.500 --> 01:23:30.500] Yeah.
[01:23:30.500 --> 01:23:33.500] Did they tell her they were DPS officers?
[01:23:33.500 --> 01:23:34.500] No.
[01:23:34.500 --> 01:23:36.500] Or do they just act like it?
[01:23:36.500 --> 01:23:41.500] They just act like it because they got a badge on their chest and they think they can enforce anything.
[01:23:41.500 --> 01:23:46.500] They, you know, they think they can walk out on the airplane runway and start.
[01:23:46.500 --> 01:23:50.500] Did they take your wife to jail?
[01:23:50.500 --> 01:23:51.500] Huh?
[01:23:51.500 --> 01:23:53.500] Did they take your wife to jail?
[01:23:53.500 --> 01:23:54.500] Yeah.
[01:23:54.500 --> 01:23:56.500] She spent the night in jail.
[01:23:56.500 --> 01:23:57.500] Oh, okay.
[01:23:57.500 --> 01:24:07.500] But as of yet, there has been no verified criminal affidavit filed against her.
[01:24:07.500 --> 01:24:08.500] The blood warrant came back.
[01:24:08.500 --> 01:24:09.500] She was well below.08.
[01:24:09.500 --> 01:24:10.500] So they don't really have a case now.
[01:24:10.500 --> 01:24:14.500] So now it's time for counterattacks because what they did was wrong.
[01:24:14.500 --> 01:24:18.500] They should have been helping her instead of bullying her.
[01:24:18.500 --> 01:24:23.500] You know, because she didn't lick their boots when they came and said, lick my boot.
[01:24:23.500 --> 01:24:25.500] My wife's not, you know, she doesn't lick boot.
[01:24:25.500 --> 01:24:27.500] Neither do I.
[01:24:27.500 --> 01:24:30.500] So they turned it on her and said, act like pit bulls.
[01:24:30.500 --> 01:24:34.500] And they, you know, they were just, you know, certain that she was driving while I talked to her.
[01:24:34.500 --> 01:24:35.500] Well, blood result came back.
[01:24:35.500 --> 01:24:36.500] Apparently she wasn't.
[01:24:36.500 --> 01:24:38.500] So now I've got something.
[01:24:38.500 --> 01:24:44.500] I'm going to hammer these SOPs and I just wanted to call in and talk about a few things.
[01:24:44.500 --> 01:24:49.500] One thing, Randy, was I remember you saying a long time ago on a program.
[01:24:49.500 --> 01:24:54.500] I can't remember the terminology for it, but there's some old Texas law like, like, you know,
[01:24:54.500 --> 01:24:56.500] kind of like champerty or baritry.
[01:24:56.500 --> 01:25:02.500] But there's a law back there that says something about me being able to defend my wife.
[01:25:02.500 --> 01:25:05.500] Okay, you're, okay.
[01:25:05.500 --> 01:25:08.500] Not exactly.
[01:25:08.500 --> 01:25:10.500] How does that work?
[01:25:10.500 --> 01:25:17.500] You can, in criminal, she, champerty is different.
[01:25:17.500 --> 01:25:21.500] You can, you can adjudicate a civil suit.
[01:25:21.500 --> 01:25:24.500] Someone can sell you their civil suit.
[01:25:24.500 --> 01:25:27.500] Champerty and maintenance is what it's called.
[01:25:27.500 --> 01:25:28.500] And it's authorized.
[01:25:28.500 --> 01:25:33.500] It's for, it's illegal in some states, but not Texas.
[01:25:33.500 --> 01:25:34.500] That's the civil action.
[01:25:34.500 --> 01:25:38.500] You can prosecute the civil suit.
[01:25:38.500 --> 01:25:44.500] You can't defend a criminal action.
[01:25:44.500 --> 01:25:50.500] Well, technically you can because she has a right to counsel of choice.
[01:25:50.500 --> 01:25:52.500] But the courts will fight that.
[01:25:52.500 --> 01:25:56.500] That's a, a different fight if you want to have that one.
[01:25:56.500 --> 01:26:00.500] But I suspect in this case that's not going to be an issue because there's going to be,
[01:26:00.500 --> 01:26:02.500] there's going to be no prosecution.
[01:26:02.500 --> 01:26:11.500] And what I suggest you do is file a motion to dismiss before the prosecutor can.
[01:26:11.500 --> 01:26:14.500] Well, they have any, there's not even a case that yet.
[01:26:14.500 --> 01:26:16.500] They don't even have, well, we were told by-
[01:26:16.500 --> 01:26:17.500] Doesn't matter.
[01:26:17.500 --> 01:26:20.500] Let's see, let them figure out what to do with it.
[01:26:20.500 --> 01:26:21.500] She was arrested.
[01:26:21.500 --> 01:26:24.500] There has to be a case.
[01:26:24.500 --> 01:26:28.500] If they don't have one, they'll have to create one.
[01:26:28.500 --> 01:26:34.500] If the clerk refuses to take your complaint, file against the clerk.
[01:26:34.500 --> 01:26:38.500] She will not be happy.
[01:26:38.500 --> 01:26:39.500] Okay.
[01:26:39.500 --> 01:26:41.500] My complaint or my motion for dismissal?
[01:26:41.500 --> 01:26:48.500] You filed a motion to dismissal with the county clerk.
[01:26:48.500 --> 01:26:49.500] Right.
[01:26:49.500 --> 01:26:51.500] She's going to say, I don't have a case.
[01:26:51.500 --> 01:26:56.500] Your problem, not my problem.
[01:26:56.500 --> 01:26:59.500] Yeah, true, true.
[01:26:59.500 --> 01:27:02.500] So another thing is, go ahead.
[01:27:02.500 --> 01:27:07.500] Your wife has been arrested, held in jail.
[01:27:07.500 --> 01:27:10.500] She has a right to due process.
[01:27:10.500 --> 01:27:14.500] She's denying her and her right to due process.
[01:27:14.500 --> 01:27:21.500] The, okay, read 17.30, Texas Code of Criminal Procedure.
[01:27:21.500 --> 01:27:23.500] Yeah, I'm familiar with that one.
[01:27:23.500 --> 01:27:24.500] Okay.
[01:27:24.500 --> 01:27:29.500] So they magistrate, whoever came, claims to have done the
[01:27:29.500 --> 01:27:38.500] registration, they were required by statute to issue an order under 1617 for that order
[01:27:38.500 --> 01:27:42.500] to the clerk of the court of jurisdiction.
[01:27:42.500 --> 01:27:45.500] So you want to see that order.
[01:27:45.500 --> 01:27:48.500] It has to be one.
[01:27:48.500 --> 01:27:55.500] If the clerk doesn't have it, then as far as you're concerned, the clerk is hiding it.
[01:27:55.500 --> 01:27:57.500] So you filed against the clerk.
[01:27:57.500 --> 01:28:03.500] And the only way the clerk gets out from under it is to throw somebody else under the bus.
[01:28:03.500 --> 01:28:06.500] Like the one who should have filed it with her.
[01:28:06.500 --> 01:28:08.500] Exactly.
[01:28:08.500 --> 01:28:11.500] Right.
[01:28:11.500 --> 01:28:12.500] Okay.
[01:28:12.500 --> 01:28:25.500] So under Chapter 18, Code of Criminal Procedure, I believe it's what, 18.02, or whatever, 10.
[01:28:25.500 --> 01:28:28.500] It's how they issue blood warrants.
[01:28:28.500 --> 01:28:34.500] Now there's a lot of talking there about how they're supposed to cross the T's and dot their
[01:28:34.500 --> 01:28:36.500] names and they do these warrants.
[01:28:36.500 --> 01:28:45.500] And what I read was, I don't know, it's under Chapter 18, but there's a prohibition on issuing
[01:28:45.500 --> 01:28:48.500] those type of warrants.
[01:28:48.500 --> 01:28:57.500] The only form of what I read under the prohibition, the only way that officer had the legal right to
[01:28:57.500 --> 01:29:06.500] try to attain a blood warrant was if there was a wreck, which there was, the problem was it was a deer.
[01:29:06.500 --> 01:29:13.500] But if there was a wreck and the officer had reasonable belief that someone was killed or someone other than the
[01:29:13.500 --> 01:29:22.500] accused was injured or taken to the hospital, it's very clear cut on when they can ask for these
[01:29:22.500 --> 01:29:24.500] blood warrants.
[01:29:24.500 --> 01:29:29.500] Well, there was a wreck, but like I said, it was with the deer.
[01:29:29.500 --> 01:29:36.500] So there's no way in the world the officer would have had the ability to believe that another person was
[01:29:36.500 --> 01:29:37.500] injured or dead.
[01:29:37.500 --> 01:29:38.500] Wait a minute.
[01:29:38.500 --> 01:29:43.500] What is a wreck?
[01:29:43.500 --> 01:29:55.500] Is it a wreck if I run over a piece of tire in the road and it bounces up and dents my fender?
[01:29:55.500 --> 01:29:56.500] No.
[01:29:56.500 --> 01:29:58.500] We got to go to break.
[01:29:58.500 --> 01:30:00.500] Is it a wreck?
[01:30:00.500 --> 01:30:02.500] Is noise at work killing you?
[01:30:02.500 --> 01:30:04.500] Could these say researchers?
[01:30:04.500 --> 01:30:08.500] A new study finds that hearing loss may be the least of your health worries in a loud workplace.
[01:30:08.500 --> 01:30:12.500] I'm Dr. Catherine Albrecht and I'll be back to tell you more in just a moment.
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[01:30:42.500 --> 01:30:45.500] Noise at work could be killing you, literally.
[01:30:45.500 --> 01:30:50.500] A new study looked at employees who worked in noisy environments for at least a year and a half.
[01:30:50.500 --> 01:30:55.500] They found their risk of serious heart trouble was triple that of employees who worked in a quiet environment.
[01:30:55.500 --> 01:30:57.500] What is a noisy workspace?
[01:30:57.500 --> 01:31:02.500] Researchers say if you have to raise your voice to carry on a normal conversation, it's noisy.
[01:31:02.500 --> 01:31:07.500] By that definition, more than 22 million Americans face noise hazards on the job every day.
[01:31:07.500 --> 01:31:12.500] If finding a quieter job isn't an option, take precautions to help offset the effects of noise.
[01:31:12.500 --> 01:31:17.500] Use earplugs, take good care of yourself, and limit the other stressors in your life.
[01:31:17.500 --> 01:31:22.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.500 --> 01:31:35.500] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.500 --> 01:31:37.500] The government says that fire brought it down.
[01:31:37.500 --> 01:31:42.500] However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.500 --> 01:31:45.500] Over 6,000 of my fellow service members have given their lives.
[01:31:45.500 --> 01:31:48.500] Thousands of my fellow force responders are dying.
[01:31:48.500 --> 01:31:49.500] I'm not a conspiracy theorist.
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[01:31:54.500 --> 01:31:57.500] We are Americans, and we deserve the truth.
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[01:33:02.500 --> 01:33:04.500] Looking for some truth?
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[01:33:19.500 --> 01:33:21.500] Okay, we are back.
[01:33:21.500 --> 01:33:24.500] Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:33:24.500 --> 01:33:28.500] and I kind of dove off the cliff their head first,
[01:33:28.500 --> 01:33:30.500] but that's okay when Deborah gets back.
[01:33:30.500 --> 01:33:32.500] I'll blame it on Brett.
[01:33:32.500 --> 01:33:36.500] Okay, we're talking to Adam in Texas,
[01:33:36.500 --> 01:33:40.500] and we're looking through these codes on the break.
[01:33:40.500 --> 01:33:46.500] Will you address Section J, Brett?
[01:33:46.500 --> 01:33:48.500] Well, sure.
[01:33:48.500 --> 01:33:50.500] So Adam mentioned 1802,
[01:33:50.500 --> 01:33:54.500] but it says up here in 1801, subsection J,
[01:33:54.500 --> 01:33:59.500] that this search warrant has to be tied to
[01:33:59.500 --> 01:34:03.500] your wife being arrested for an offense under,
[01:34:03.500 --> 01:34:06.500] and it gives seven different places in the penal code
[01:34:06.500 --> 01:34:08.500] that she was already arrested for.
[01:34:08.500 --> 01:34:10.500] Yeah, they're all under 49.
[01:34:10.500 --> 01:34:12.500] They have something to do with being intoxicated.
[01:34:12.500 --> 01:34:15.500] Intoxicated while doing this, that, and the other.
[01:34:15.500 --> 01:34:19.500] So if she was arrested for being intoxicated
[01:34:19.500 --> 01:34:24.500] and refuses to submit to a breath or blood alcohol test,
[01:34:24.500 --> 01:34:28.500] then a magistrate who is an attorney
[01:34:28.500 --> 01:34:30.500] can issue a search warrant.
[01:34:30.500 --> 01:34:32.500] I have no idea why it's worded that way,
[01:34:32.500 --> 01:34:34.500] but that's what it says.
[01:34:34.500 --> 01:34:36.500] The magistrate who was the attorney?
[01:34:36.500 --> 01:34:40.500] Who was the magistrate who issued the warrant?
[01:34:40.500 --> 01:34:43.500] The judge. The district judge.
[01:34:43.500 --> 01:34:45.500] Oh, okay, okay.
[01:34:45.500 --> 01:34:47.500] Then he would have been an attorney.
[01:34:47.500 --> 01:34:51.500] So he would be authorized to issue a search warrant
[01:34:51.500 --> 01:34:55.500] to collect the blood specimen from her.
[01:34:55.500 --> 01:35:02.500] However, let's also look at 1801, subsection B,
[01:35:02.500 --> 01:35:06.500] which straight up says no search warrant shall issue
[01:35:06.500 --> 01:35:08.500] for any purpose in this state,
[01:35:08.500 --> 01:35:12.500] unless sufficient facts are first presented
[01:35:12.500 --> 01:35:14.500] to satisfy the issuing magistrate
[01:35:14.500 --> 01:35:18.500] that probable cause does in fact exist for its issuance.
[01:35:18.500 --> 01:35:22.500] A sworn affidavit setting for substantial facts
[01:35:22.500 --> 01:35:26.500] establishing probable cause shall be filed
[01:35:26.500 --> 01:35:30.500] in every instance in which a search warrant is requested.
[01:35:30.500 --> 01:35:34.500] So if there's a sworn affidavit that's required,
[01:35:34.500 --> 01:35:37.500] who is this cop on the side of the road?
[01:35:37.500 --> 01:35:39.500] Who's he swearing before?
[01:35:39.500 --> 01:35:41.500] He's just gonna on the spot,
[01:35:41.500 --> 01:35:45.500] call up on his radio, push a button and have a search warrant.
[01:35:45.500 --> 01:35:47.500] I don't think so, buddy.
[01:35:47.500 --> 01:35:49.500] That's not a sworn affidavit.
[01:35:49.500 --> 01:35:52.500] Who is he swearing it before?
[01:35:52.500 --> 01:35:54.500] Well, that's a good question,
[01:35:54.500 --> 01:35:57.500] but I would imagine that further down
[01:35:57.500 --> 01:35:59.500] from what you were just reading,
[01:35:59.500 --> 01:36:01.500] it says by electronic means,
[01:36:01.500 --> 01:36:03.500] reliable telephone or electronic means,
[01:36:03.500 --> 01:36:06.500] they can get these warrants over the telephone.
[01:36:06.500 --> 01:36:08.500] But yeah, that's a good question.
[01:36:08.500 --> 01:36:10.500] Who do you swear before how it's sworn?
[01:36:10.500 --> 01:36:15.500] And also, 18.12 and 18.14 clearly say
[01:36:15.500 --> 01:36:20.500] that the issuing magistrate who issued the search warrant
[01:36:20.500 --> 01:36:23.500] upon the return of the search warrant,
[01:36:23.500 --> 01:36:26.500] they're supposed to hold an examining trial.
[01:36:26.500 --> 01:36:28.500] That was never done.
[01:36:28.500 --> 01:36:30.500] Yes, they are.
[01:36:30.500 --> 01:36:33.500] You get to nail the district judge
[01:36:33.500 --> 01:36:36.500] for not holding the examining trial.
[01:36:36.500 --> 01:36:38.500] That's who I'm going after.
[01:36:38.500 --> 01:36:40.500] I'm going after the cop,
[01:36:40.500 --> 01:36:42.500] and I'm going to go after the district judge,
[01:36:42.500 --> 01:36:44.500] and then I'm going to let them squabble it out
[01:36:44.500 --> 01:36:46.500] amongst each other and point the finger at each other
[01:36:46.500 --> 01:36:48.500] on who's who.
[01:36:48.500 --> 01:36:52.500] Have you asked for the affidavit of the cop?
[01:36:52.500 --> 01:36:56.500] The PIR is in the mail, Randy.
[01:36:56.500 --> 01:36:59.500] Good man.
[01:36:59.500 --> 01:37:04.500] In fact, I broaden the request,
[01:37:04.500 --> 01:37:11.500] and I asked for every supporting affidavit
[01:37:11.500 --> 01:37:14.500] for every search warrant that had been issued
[01:37:14.500 --> 01:37:18.500] in that county since January 1st to July 1st
[01:37:18.500 --> 01:37:21.500] for the first half of the year.
[01:37:21.500 --> 01:37:25.500] So the district judge just got elected
[01:37:25.500 --> 01:37:28.500] and became the district judge January 1st.
[01:37:28.500 --> 01:37:31.500] So I'm basically asking for the supporting affidavit
[01:37:31.500 --> 01:37:34.500] for every search warrant issued by that district judge
[01:37:34.500 --> 01:37:37.500] since the inception of her office
[01:37:37.500 --> 01:37:41.500] from January 1st to July 1st.
[01:37:41.500 --> 01:37:44.500] Oh, this is good. You're stinging her early.
[01:37:44.500 --> 01:37:47.500] She is not going to be happy.
[01:37:47.500 --> 01:37:49.500] Adam, there's an important distinction.
[01:37:49.500 --> 01:37:52.500] I think you probably already caught it,
[01:37:52.500 --> 01:37:54.500] but just to be sure,
[01:37:54.500 --> 01:37:59.500] there's a big difference between a search warrant
[01:37:59.500 --> 01:38:01.500] that is based on probable cause
[01:38:01.500 --> 01:38:04.500] because they already have reason to believe
[01:38:04.500 --> 01:38:07.500] that there's some criminal activity
[01:38:07.500 --> 01:38:10.500] and that you're involved or your wife.
[01:38:10.500 --> 01:38:13.500] So there's probable cause to start with,
[01:38:13.500 --> 01:38:18.500] versus she hasn't been officially charged with anything
[01:38:18.500 --> 01:38:21.500] or officially arrested,
[01:38:21.500 --> 01:38:23.500] but they want to fish around
[01:38:23.500 --> 01:38:26.500] and see if she might be guilty of this or that
[01:38:26.500 --> 01:38:30.500] because then they're going to take her to jail or something
[01:38:30.500 --> 01:38:32.500] based on whatever they find.
[01:38:32.500 --> 01:38:34.500] Oh, I want a fishing expedition.
[01:38:34.500 --> 01:38:36.500] I want to see maybe she's guilty about this.
[01:38:36.500 --> 01:38:38.500] They can't do that.
[01:38:38.500 --> 01:38:41.500] Our Constitution says Article 1, Section 9,
[01:38:41.500 --> 01:38:44.500] the people shall be secure in their persons,
[01:38:44.500 --> 01:38:46.500] houses, papers, possessions
[01:38:46.500 --> 01:38:50.500] from all unreasonable seizures or searches
[01:38:50.500 --> 01:38:53.500] and no warrant to search any place
[01:38:53.500 --> 01:38:56.500] or seize any person or thing shall issue
[01:38:56.500 --> 01:38:59.500] without describing them as nears may be
[01:38:59.500 --> 01:39:05.500] nor without probable cause supported by oath or affirmation.
[01:39:05.500 --> 01:39:07.500] Also in Section 10,
[01:39:07.500 --> 01:39:09.500] it says that people shall not be compelled
[01:39:09.500 --> 01:39:12.500] to give evidence against themselves.
[01:39:12.500 --> 01:39:14.500] There she is.
[01:39:14.500 --> 01:39:17.500] Is it 10?
[01:39:17.500 --> 01:39:19.500] Which one says the...
[01:39:19.500 --> 01:39:22.500] Oh, no, I think it's 19.
[01:39:22.500 --> 01:39:25.500] That says the rights enumerated in this section
[01:39:25.500 --> 01:39:30.500] shall be in violet in perpetuity.
[01:39:30.500 --> 01:39:34.500] One of the best phrases I've ever seen in a Constitution
[01:39:34.500 --> 01:39:36.500] and that's in Texas.
[01:39:36.500 --> 01:39:39.500] Ah, I think that's 29.
[01:39:39.500 --> 01:39:42.500] 19 is talking about
[01:39:42.500 --> 01:39:45.500] nobody deprived of life, liberty, property
[01:39:45.500 --> 01:39:47.500] except by due course of the law.
[01:39:47.500 --> 01:39:49.500] Okay.
[01:39:49.500 --> 01:39:52.500] Yeah, it's the last one.
[01:39:52.500 --> 01:39:57.500] So, that's...
[01:39:57.500 --> 01:40:00.500] Okay, this is going to be interesting.
[01:40:00.500 --> 01:40:03.500] Did you ask for a recording
[01:40:03.500 --> 01:40:06.500] of the conversation
[01:40:06.500 --> 01:40:09.500] between the judge and the
[01:40:09.500 --> 01:40:11.500] requesting officer?
[01:40:11.500 --> 01:40:13.500] Ooh, good. That is awesome.
[01:40:13.500 --> 01:40:15.500] That is also in the mail along with the one
[01:40:15.500 --> 01:40:17.500] that goes to the commissioner's court
[01:40:17.500 --> 01:40:19.500] and about traffic control officers
[01:40:19.500 --> 01:40:21.500] and along with the one going to the court's office
[01:40:21.500 --> 01:40:23.500] asking for supporting affidavits
[01:40:23.500 --> 01:40:25.500] of all the search warrants issued
[01:40:25.500 --> 01:40:27.500] from January 1st to July 1st.
[01:40:27.500 --> 01:40:29.500] I got them all going.
[01:40:29.500 --> 01:40:32.500] Brett, I told you this guy was good.
[01:40:32.500 --> 01:40:34.500] He's on top of it.
[01:40:34.500 --> 01:40:35.500] That's great, Adam.
[01:40:35.500 --> 01:40:37.500] Way to go.
[01:40:37.500 --> 01:40:39.500] So, what I really want to do, guys,
[01:40:39.500 --> 01:40:42.500] is I want to turn this
[01:40:42.500 --> 01:40:46.500] into my first private attorney general suit
[01:40:46.500 --> 01:40:49.500] and that's where the water starts
[01:40:49.500 --> 01:40:50.500] getting muddy for me.
[01:40:50.500 --> 01:40:52.500] You know, once you do something once,
[01:40:52.500 --> 01:40:54.500] you never forget.
[01:40:54.500 --> 01:40:56.500] It's like, you know, wearing a bicycle,
[01:40:56.500 --> 01:40:58.500] but I really want to turn the heat up
[01:40:58.500 --> 01:41:00.500] on this one and I really want to hammer some people.
[01:41:00.500 --> 01:41:03.500] So, what I want to do is the whole shebang.
[01:41:03.500 --> 01:41:07.500] I want to paint this big old picture
[01:41:07.500 --> 01:41:09.500] and get it going.
[01:41:09.500 --> 01:41:12.500] I already got five different PIRs
[01:41:12.500 --> 01:41:14.500] to five different governmental entities
[01:41:14.500 --> 01:41:18.500] already going and, you know,
[01:41:18.500 --> 01:41:20.500] maybe I'll get the body cams
[01:41:20.500 --> 01:41:22.500] and the dash cams back.
[01:41:22.500 --> 01:41:23.500] Maybe I'll...
[01:41:23.500 --> 01:41:25.500] Oh, wait a minute.
[01:41:25.500 --> 01:41:28.500] Pre-litigation discovery.
[01:41:28.500 --> 01:41:30.500] Sir?
[01:41:30.500 --> 01:41:34.500] You can do pre-litigation discovery.
[01:41:34.500 --> 01:41:35.500] Great.
[01:41:35.500 --> 01:41:39.500] Texas has the best pre-litigation discovery
[01:41:39.500 --> 01:41:42.500] on the planet.
[01:41:42.500 --> 01:41:46.500] You can ask for anything in pre-litigation discovery
[01:41:46.500 --> 01:41:50.500] that you can ask for in a civil case.
[01:41:50.500 --> 01:41:53.500] Yeah.
[01:41:53.500 --> 01:41:59.500] So, how do you get standing?
[01:41:59.500 --> 01:42:01.500] Well, I'm not going to have standing, but...
[01:42:01.500 --> 01:42:02.500] Wait a minute.
[01:42:02.500 --> 01:42:03.500] Not necessarily.
[01:42:03.500 --> 01:42:07.500] Is that your car?
[01:42:07.500 --> 01:42:08.500] I mean...
[01:42:08.500 --> 01:42:09.500] Yeah.
[01:42:09.500 --> 01:42:10.500] Yeah, that was my car.
[01:42:10.500 --> 01:42:12.500] Even though it got totaled, I don't have it.
[01:42:12.500 --> 01:42:13.500] It was my car.
[01:42:13.500 --> 01:42:15.500] It wasn't in my team
[01:42:15.500 --> 01:42:18.500] because I had a chance to flip it over yet, but...
[01:42:18.500 --> 01:42:20.500] It doesn't matter.
[01:42:20.500 --> 01:42:25.500] Did the deer total it or did it get totaled elsewhere?
[01:42:25.500 --> 01:42:28.500] The deer totaled it.
[01:42:28.500 --> 01:42:30.500] Oh.
[01:42:30.500 --> 01:42:33.500] Did the deer have liability insurance?
[01:42:33.500 --> 01:42:39.500] No, and I was not able to ask him either.
[01:42:39.500 --> 01:42:41.500] Track him down.
[01:42:41.500 --> 01:42:44.500] I never got a hold of the dad drift.
[01:42:44.500 --> 01:42:51.500] So, did she tell the officers she hit a deer?
[01:42:51.500 --> 01:42:53.500] Yeah.
[01:42:53.500 --> 01:42:59.500] Did they take her for any medical examination?
[01:42:59.500 --> 01:43:04.500] No, they got them a couple hours later.
[01:43:04.500 --> 01:43:06.500] They arrested her a couple hours later.
[01:43:06.500 --> 01:43:10.500] They got a hold of the district judge, district judge over the phone,
[01:43:10.500 --> 01:43:12.500] said, okay, go ahead.
[01:43:12.500 --> 01:43:14.500] You know, and that's where I'm going to find out through that PR
[01:43:14.500 --> 01:43:16.500] whether it crossed the T's and daughter's eyes
[01:43:16.500 --> 01:43:18.500] because they're supposed to be a duplicate warrant
[01:43:18.500 --> 01:43:20.500] and supporting affidavit and all,
[01:43:20.500 --> 01:43:22.500] and an examining trial and all.
[01:43:22.500 --> 01:43:26.500] Anyway, so they got it and they took her to the hospital
[01:43:26.500 --> 01:43:30.500] and they took her in there and a nurse drew her blood
[01:43:30.500 --> 01:43:34.500] and they also insulted my wife while she was in the hospital.
[01:43:34.500 --> 01:43:38.500] The rest of the officers insulted my wife personally
[01:43:38.500 --> 01:43:40.500] and they drew the blood.
[01:43:40.500 --> 01:43:46.500] Now I have, yeah, insulted.
[01:43:46.500 --> 01:43:49.500] I can tell you how, but we're about to run off the cliff.
[01:43:49.500 --> 01:43:52.500] Okay, we'll be right back.
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[01:46:15.500 --> 01:46:17.500] Okay, we are back.
[01:46:17.500 --> 01:46:20.500] Randy Kelton, Brett Fountain, rule of law radio,
[01:46:20.500 --> 01:46:23.500] and we're talking to Adam in Texas.
[01:46:23.500 --> 01:46:26.500] You know, I'm concerned.
[01:46:26.500 --> 01:46:28.500] You know, I have a wife,
[01:46:28.500 --> 01:46:31.500] and I was telling Brett over the break
[01:46:31.500 --> 01:46:35.500] that I had a friend who was on Highway 114,
[01:46:35.500 --> 01:46:37.500] you know, when I stayed highway,
[01:46:37.500 --> 01:46:39.500] and he's waiting to make a left turn,
[01:46:39.500 --> 01:46:43.500] so he had turned his pickup slightly.
[01:46:43.500 --> 01:46:45.500] This young girl, 18 years old,
[01:46:45.500 --> 01:46:47.500] was adjusting her radio
[01:46:47.500 --> 01:46:50.500] and didn't see him there till the last second,
[01:46:50.500 --> 01:46:53.500] and she caught the corner of his pickup
[01:46:53.500 --> 01:46:55.500] with a little Mazda,
[01:46:55.500 --> 01:46:58.500] and it flipped his pickup upside down in the road.
[01:46:58.500 --> 01:47:00.500] And he crawled out, he wasn't hurt,
[01:47:00.500 --> 01:47:02.500] and she didn't appear to be hurt.
[01:47:02.500 --> 01:47:06.500] The next morning, she didn't wake up.
[01:47:06.500 --> 01:47:10.500] Apparently, the jolt had damaged her brainstem,
[01:47:10.500 --> 01:47:16.500] and it swelled up overnight, and she died.
[01:47:16.500 --> 01:47:20.500] Was there any reason to believe that
[01:47:20.500 --> 01:47:23.500] totaling her car running into something
[01:47:23.500 --> 01:47:27.500] might have jarred her and damaged something?
[01:47:27.500 --> 01:47:31.500] I called that depraved heart assault.
[01:47:31.500 --> 01:47:35.500] They took her to the hospital and didn't have her checked.
[01:47:35.500 --> 01:47:37.500] No, they did not.
[01:47:37.500 --> 01:47:41.500] They just only wanted with a blood warrant.
[01:47:41.500 --> 01:47:43.500] Depraved heart assault.
[01:47:43.500 --> 01:47:48.500] Depraved heart sounds so ugly.
[01:47:48.500 --> 01:47:53.500] Yeah, it is ugly.
[01:47:53.500 --> 01:47:55.500] Well, like I said at the beginning,
[01:47:55.500 --> 01:47:57.500] she told her the car was flipping into town
[01:47:57.500 --> 01:48:01.500] trying to find a hotel, and these jerks,
[01:48:01.500 --> 01:48:03.500] they're supposed to be helping her out,
[01:48:03.500 --> 01:48:06.500] not swarming like a pack of hyena,
[01:48:06.500 --> 01:48:09.500] proving how big their egos and badges are,
[01:48:09.500 --> 01:48:12.500] because she simply stuffed her up on the road.
[01:48:12.500 --> 01:48:16.500] How did they insult her?
[01:48:16.500 --> 01:48:18.500] How did they assault her?
[01:48:18.500 --> 01:48:20.500] Insult her.
[01:48:20.500 --> 01:48:25.500] Oh, well, T-Cost complaint number three is going to be
[01:48:25.500 --> 01:48:29.500] when they took her in and she was sitting on the bed,
[01:48:29.500 --> 01:48:31.500] getting her blood drawn by the nurse.
[01:48:31.500 --> 01:48:34.500] They came in with a one-piece paper warrant and said,
[01:48:34.500 --> 01:48:36.500] here's the warrant, and my wife said,
[01:48:36.500 --> 01:48:38.500] may I read that?
[01:48:38.500 --> 01:48:40.500] And one officer handed it to her,
[01:48:40.500 --> 01:48:43.500] the other officer said, you don't have to give that to her.
[01:48:43.500 --> 01:48:46.500] She didn't have the right to read that.
[01:48:46.500 --> 01:48:49.500] And then my wife said, I'd like to read the warrant,
[01:48:49.500 --> 01:48:51.500] and they snatched it away from her,
[01:48:51.500 --> 01:48:53.500] and the arresting officer said,
[01:48:53.500 --> 01:48:57.500] I'm surprised you can even read.
[01:48:57.500 --> 01:49:00.500] Hmm.
[01:49:00.500 --> 01:49:08.500] That's a verbiage that is intended to be offensive.
[01:49:08.500 --> 01:49:11.500] Exactly. That's T-Cost number three.
[01:49:11.500 --> 01:49:15.500] That's 2201.
[01:49:15.500 --> 01:49:19.500] Simple assault.
[01:49:19.500 --> 01:49:20.500] Yeah.
[01:49:20.500 --> 01:49:21.500] And that's simple.
[01:49:21.500 --> 01:49:23.500] Was she wearing a weapon?
[01:49:23.500 --> 01:49:25.500] Yeah, they were wearing a weapon.
[01:49:25.500 --> 01:49:26.500] They're all wearing weapons.
[01:49:26.500 --> 01:49:27.500] They're county deputies.
[01:49:27.500 --> 01:49:32.500] That's first-degree felony aggravated assault number two.
[01:49:32.500 --> 01:49:34.500] Yeah.
[01:49:34.500 --> 01:49:36.500] Separate offense.
[01:49:36.500 --> 01:49:38.500] Yeah, I was hoping you guys would be able to help me
[01:49:38.500 --> 01:49:42.500] find more crumbs than I've already found.
[01:49:42.500 --> 01:49:45.500] I want enough crumbs to build a pie on this one.
[01:49:45.500 --> 01:49:47.500] Yeah.
[01:49:47.500 --> 01:49:49.500] Because I'm pretty upset, man.
[01:49:49.500 --> 01:49:52.500] I mean, it's been 60 days, but...
[01:49:52.500 --> 01:49:55.500] Yeah, mess with me.
[01:49:55.500 --> 01:49:57.500] But leave my wife and children alone,
[01:49:57.500 --> 01:49:59.500] and you're going to get yourself a fight
[01:49:59.500 --> 01:50:02.500] you will not believe.
[01:50:02.500 --> 01:50:04.500] And you are the best one.
[01:50:04.500 --> 01:50:07.500] You are an indignant husband.
[01:50:07.500 --> 01:50:11.500] You don't technically have a dog in the hunt directly,
[01:50:11.500 --> 01:50:13.500] so they can't get...
[01:50:13.500 --> 01:50:15.500] You know, you're not in any way implicated.
[01:50:15.500 --> 01:50:17.500] They have no shot at you.
[01:50:17.500 --> 01:50:19.500] You're that third-party interloper
[01:50:19.500 --> 01:50:22.500] they can't do anything about.
[01:50:22.500 --> 01:50:24.500] And watch them carefully.
[01:50:24.500 --> 01:50:27.500] See if you can calm them in to saying,
[01:50:27.500 --> 01:50:29.500] well, why do you want to see these records?
[01:50:29.500 --> 01:50:31.500] 9-1-1.
[01:50:31.500 --> 01:50:34.500] You know, sir, you really have to be careful
[01:50:34.500 --> 01:50:37.500] when you start filing these complaints like this.
[01:50:37.500 --> 01:50:40.500] You could get in a lot of trouble.
[01:50:40.500 --> 01:50:42.500] 9-1-1.
[01:50:42.500 --> 01:50:44.500] Yup, yup, yup.
[01:50:44.500 --> 01:50:46.500] Witness tampering obstruction,
[01:50:46.500 --> 01:50:50.500] 36.05, 36.06.
[01:50:50.500 --> 01:50:52.500] I love those.
[01:50:52.500 --> 01:50:54.500] Okay, you're doing good.
[01:50:54.500 --> 01:50:56.500] There's not much we can offer you
[01:50:56.500 --> 01:51:00.500] that you haven't already covered.
[01:51:00.500 --> 01:51:02.500] Okay, well, I was just double-checking.
[01:51:02.500 --> 01:51:04.500] I want to...
[01:51:04.500 --> 01:51:06.500] All right, well, I'll let it go to somebody else.
[01:51:06.500 --> 01:51:08.500] Yeah, I pretty much got this covered,
[01:51:08.500 --> 01:51:11.500] but y'all did help me out a little bit more.
[01:51:11.500 --> 01:51:13.500] So I'll...
[01:51:13.500 --> 01:51:15.500] Send me an email.
[01:51:15.500 --> 01:51:18.500] I want to correspond tomorrow.
[01:51:18.500 --> 01:51:21.500] They get buried, so I know I have your email somewhere,
[01:51:21.500 --> 01:51:25.500] but just send me an email
[01:51:25.500 --> 01:51:27.500] so it'll be on top.
[01:51:27.500 --> 01:51:30.500] Talk to you tomorrow.
[01:51:30.500 --> 01:51:32.500] Y'all have a good night.
[01:51:32.500 --> 01:51:34.500] Okay, good night.
[01:51:34.500 --> 01:51:38.500] Okay, now we're going to Sunny in Georgia.
[01:51:38.500 --> 01:51:40.500] Hello, Sunny.
[01:51:44.500 --> 01:51:46.500] Sunny, are you there?
[01:51:46.500 --> 01:51:48.500] We're getting no sound.
[01:51:48.500 --> 01:51:50.500] Hey, Randy.
[01:51:50.500 --> 01:51:52.500] There you go.
[01:51:52.500 --> 01:51:56.500] What do you have for us today?
[01:51:56.500 --> 01:52:04.500] Well, I have a motion
[01:52:04.500 --> 01:52:07.500] that's a motion for reconsideration.
[01:52:07.500 --> 01:52:12.500] It was a reconsidering a motion
[01:52:12.500 --> 01:52:15.500] to recuse the judge,
[01:52:15.500 --> 01:52:19.500] and this was two years ago,
[01:52:19.500 --> 01:52:22.500] before trial,
[01:52:22.500 --> 01:52:29.500] and the judge never ruled on this motion.
[01:52:29.500 --> 01:52:31.500] So my question would be,
[01:52:31.500 --> 01:52:37.500] is there any fight less than that dog?
[01:52:37.500 --> 01:52:41.500] Official misconduct.
[01:52:41.500 --> 01:52:44.500] For not ruling on the motion?
[01:52:44.500 --> 01:52:46.500] Denied you and your right to petition the court
[01:52:46.500 --> 01:52:54.500] for redress of grievance.
[01:52:54.500 --> 01:53:00.500] He had a duty,
[01:53:00.500 --> 01:53:02.500] and refused to perform his duty,
[01:53:02.500 --> 01:53:09.500] so he denied you access to the court.
[01:53:09.500 --> 01:53:11.500] So, Sunny, I wonder
[01:53:11.500 --> 01:53:15.500] what is the reason that you put in your motion
[01:53:15.500 --> 01:53:18.500] for recusal, or was it for disqualifying?
[01:53:18.500 --> 01:53:23.500] Did you disqualify or recuse?
[01:53:23.500 --> 01:53:29.500] I believe it was recusal,
[01:53:29.500 --> 01:53:31.500] although at the time,
[01:53:31.500 --> 01:53:33.500] I probably didn't know the difference,
[01:53:33.500 --> 01:53:40.500] but it was probably for bias,
[01:53:40.500 --> 01:53:53.500] for catching himself in a lie in court
[01:53:53.500 --> 01:53:57.500] for saying that he was going to rule against all my motions,
[01:53:57.500 --> 01:54:01.500] even before he read any of them.
[01:54:01.500 --> 01:54:03.500] That's a question.
[01:54:03.500 --> 01:54:06.500] That's official question.
[01:54:06.500 --> 01:54:11.500] You had a right to a ruling on your motion,
[01:54:11.500 --> 01:54:18.500] and that would have negated the whole trial.
[01:54:18.500 --> 01:54:21.500] So absolutely, that's got life in it.
[01:54:21.500 --> 01:54:26.500] You should petition for rhythm and damas.
[01:54:26.500 --> 01:54:29.500] To the Court of Appeals?
[01:54:29.500 --> 01:54:32.500] Court of Appeals.
[01:54:32.500 --> 01:54:35.500] And if they rule against you,
[01:54:35.500 --> 01:54:43.500] see, this issue would render the rest of the case moot.
[01:54:43.500 --> 01:54:49.500] If the Court rules that if he is recused,
[01:54:49.500 --> 01:54:53.500] then if he denies recusal,
[01:54:53.500 --> 01:54:55.500] then you can appeal that,
[01:54:55.500 --> 01:54:58.500] and that would stop all of the rest of the trial.
[01:54:58.500 --> 01:55:00.500] So he had a duty to rule on that,
[01:55:00.500 --> 01:55:02.500] and he failed to do it.
[01:55:02.500 --> 01:55:08.500] So do a petition for rhythm and damas,
[01:55:08.500 --> 01:55:19.500] and motion to strike all the subsequent proceedings.
[01:55:19.500 --> 01:55:26.500] You had a right to this ruling before going to all these other procedures.
[01:55:26.500 --> 01:55:34.500] Because if he had ruled, then you would have had a new judge.
[01:55:34.500 --> 01:55:38.500] The first followed a petition for declaratory judgment,
[01:55:38.500 --> 01:55:42.500] and asked the, I mean, I'm sorry,
[01:55:42.500 --> 01:55:43.500] petitioned for rhythm and damas,
[01:55:43.500 --> 01:55:47.500] and asked the Court to order him to rule on your motion,
[01:55:47.500 --> 01:55:50.500] so that you have opportunity to appeal it.
[01:55:50.500 --> 01:55:54.500] That's grounds for interlocutory.
[01:55:54.500 --> 01:55:56.500] Generally.
[01:55:56.500 --> 01:55:59.500] I'm seeing here that in Georgia,
[01:55:59.500 --> 01:56:04.500] there's a Uniform Superior Court Rule 25.3,
[01:56:04.500 --> 01:56:10.500] and it says that when a trial judge is presented with a motion to recuse or disqualify,
[01:56:10.500 --> 01:56:13.500] that's accompanied by the requisite affidavit,
[01:56:13.500 --> 01:56:18.500] the judge must temporarily cease to act upon the merits of the matter
[01:56:18.500 --> 01:56:22.500] and immediately and shall immediately determine the timeliness of the motion
[01:56:22.500 --> 01:56:25.500] and the legal sufficiency of the affidavit
[01:56:25.500 --> 01:56:32.500] and make a determination, assuming any of the facts alleged are to be true,
[01:56:32.500 --> 01:56:35.500] whether recusal be warranted.
[01:56:35.500 --> 01:56:40.500] He has to stop everything and deal with that disqualification or recusal matter.
[01:56:40.500 --> 01:56:43.500] He can't just blow right on past it.
[01:56:43.500 --> 01:56:44.500] Beautiful.
[01:56:44.500 --> 01:56:47.500] Move to strike all the proceedings.
[01:56:47.500 --> 01:56:48.500] And that's it.
[01:56:48.500 --> 01:56:51.500] As a judge, judge had no power to proceed.
[01:56:51.500 --> 01:56:55.500] Subject matter jurisdiction challenge.
[01:56:55.500 --> 01:57:00.500] He had no subject matter jurisdiction because the recusal stopped it
[01:57:00.500 --> 01:57:02.500] and he didn't respond to the recusal,
[01:57:02.500 --> 01:57:08.500] so he never gained subject matter jurisdiction back.
[01:57:08.500 --> 01:57:12.500] Good, good legal question to ask.
[01:57:12.500 --> 01:57:19.500] That's what the judge did with the motion to recuse.
[01:57:19.500 --> 01:57:23.500] He assigned it to another judge.
[01:57:23.500 --> 01:57:27.500] The other judge dismissed it for timeliness,
[01:57:27.500 --> 01:57:32.500] but I brought up in my motion for reconsideration what you just read,
[01:57:32.500 --> 01:57:37.500] that he basically waived timeliness.
[01:57:37.500 --> 01:57:44.500] He ruled that it was timely when he assigned it to the other judge.
[01:57:44.500 --> 01:57:50.500] He had to rule on the timeliness before he assigned it.
[01:57:50.500 --> 01:57:54.500] Yes, good point.
[01:57:54.500 --> 01:58:03.500] And so when I, and I haven't heard a peep from them
[01:58:03.500 --> 01:58:06.500] since I put it, the motion for reconsideration.
[01:58:06.500 --> 01:58:11.500] So here's one other question, one other follow-up question.
[01:58:11.500 --> 01:58:21.500] Can that motion for reconsideration be amended if it has not been ruled on,
[01:58:21.500 --> 01:58:25.500] even though it's been two years?
[01:58:25.500 --> 01:58:28.500] Or does it even matter at this point?
[01:58:28.500 --> 01:58:38.500] Yes, so essentially there is no final determination on the recusal motion.
[01:58:38.500 --> 01:58:40.500] Right.
[01:58:40.500 --> 01:58:49.500] We need to read, check George Jalaw to make sure that emotion for reconsideration.
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