ROL_2020-02-14_16k_Hr1-2.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:14.800]  Markets for Monday the 22nd of July 2019 Open with Precious Metals, Gold $1,429, Silver $16.45
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[00:41.480 --> 00:52.600]  Today in history, the year 1916, the preparedness day bombing, a tying suitcase bomb, was detonated on
[00:52.600 --> 00:58.240]  Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and
[00:58.240 --> 01:07.440]  injuring 40. Today in history. In recent news, since the Governor Greg Abbott signed House Bill
[01:07.440 --> 01:12.600]  1325, legalizing heaven to Texas law back in June, county prosecutors around the state,
[01:12.600 --> 01:17.000]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:17.000 --> 01:21.080]  and even refusing to file new ones, since they are stipulating that they do not have the time
[01:21.080 --> 01:26.440]  or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County
[01:26.440 --> 01:30.800]  District Attorney, announced earlier this month that she was dismissing 32 felony possession and
[01:30.800 --> 01:36.040]  delivery of marijuana cases because of the law. Mr. Abbott and other state officials, including the
[01:36.040 --> 01:40.120]  Attorney General, stipulated in a letter to county district attorneys back on Thursday that
[01:40.120 --> 01:45.520]  marijuana has not been decriminalized in Texas, and that these actions demonstrate a misunderstanding
[01:45.520 --> 01:51.960]  of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso,
[01:51.960 --> 01:57.320]  Kyma Esparza, a Democrat who also stated earlier this month that the law, quote,
[01:57.320 --> 02:02.160]  will not have an effect on the prosecution of marijuana cases in El Paso. However,
[02:02.160 --> 02:07.240]  the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris
[02:07.240 --> 02:11.200]  County, who stated that, quote, the law is constantly changing on what makes something
[02:11.200 --> 02:15.720]  illegal based on its chemical makeup. It's important that if someone is charged with something,
[02:15.720 --> 02:25.040]  the test matches what they're charged with. A paper by Tulane University identified a five
[02:25.040 --> 02:29.760]  and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.760 --> 02:35.520]  the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.520 --> 02:40.320]  being found way back in 1979 in the East Pacific Ocean. According to the university paper,
[02:40.320 --> 02:46.320]  the shark secretes a luminous fluid from a gland near its front fins. For the purpose,
[02:46.320 --> 03:00.600]  it hypothesized to lure and prey who may be drawn into the glow. This is Ruth Rody with your lowdown for July 22, 2019.
[03:16.840 --> 03:29.800]  Tell me, what you gonna do? What you gonna do? Yeah, bad boys, bad boys, what you gonna do?
[03:29.800 --> 03:36.320]  What you gonna do when they come for you? Bad boys, bad boys, what you gonna do? What you gonna
[03:36.320 --> 03:42.480]  do when they come for you? When you were eight and you had bad dreams, you go to school and learn
[03:42.480 --> 03:49.800]  to go, then lose. So why are you acting like a fluffy fool and your musta's too? Bad boys, bad boys.
[03:49.800 --> 03:55.920]  What you gonna do? What you gonna do when they come for you? Bad boys, bad boys,
[03:55.920 --> 04:01.360]  what you gonna do? What you gonna do when they come for you? Your choking done, that's one,
[04:01.360 --> 04:05.360]  your choking done, this one, it's choking done, your mother and choking done, your father,
[04:05.360 --> 04:08.160]  You've given me everything you give me, this feeling
[04:08.160 --> 04:10.480]  You gave me anything I wanted, this feeling
[04:10.480 --> 04:12.180]  Bad boys, bad boys
[04:12.180 --> 04:13.620]  What's it gonna do?
[04:13.620 --> 04:14.760]  What's it gonna do
[04:14.760 --> 04:17.560]  When they come for you, bad boys, bad boys
[04:17.560 --> 04:19.140]  What's it gonna do?
[04:19.140 --> 04:20.220]  What's it gonna do
[04:20.220 --> 04:23.180]  When they come for you, bad boys, bad boys
[04:23.180 --> 04:24.840]  What's it gonna do?
[04:24.840 --> 04:25.700]  What's it gonna do
[04:25.700 --> 04:28.760]  When they come for you, bad boys, bad boys
[04:28.760 --> 04:30.100]  What's it gonna do?
[04:30.100 --> 04:31.240]  What's it gonna do
[04:31.240 --> 04:32.700]  When they come for you
[04:32.700 --> 05:02.620]  Okay, howdy, howdy, Randy Kelton.
[05:02.620 --> 05:13.620]  Brett Fountain, rule of law radio on this Friday, the 14th day of February 2020.
[05:13.620 --> 05:24.620]  And we're going to start off today with Brett's going to talk about what he's got going on in Wood County and Brazos County.
[05:24.620 --> 05:27.620]  We'll start with Wood.
[05:27.620 --> 05:37.620]  Yeah, Wood County is a little bit more interesting, especially because today's February the 14th.
[05:37.620 --> 05:42.620]  I just really felt like I need to show them some love today.
[05:42.620 --> 05:52.620]  So last night I prepared bar grievances for every attorney that's in the DA's office.
[05:52.620 --> 06:06.620]  I figured they all had a pretty good chance by now that they should have taken care of this one assistant who's acting out and doing things that no lawyer is allowed to do.
[06:06.620 --> 06:08.620]  They should have taken care of it by now.
[06:08.620 --> 06:09.620]  They're all lawyers.
[06:09.620 --> 06:10.620]  They're grown-ups.
[06:10.620 --> 06:14.620]  They should have realized that this is going on right under their noses.
[06:14.620 --> 06:20.620]  So I borrowed a green doll of them for assisting and failing to correct.
[06:20.620 --> 06:24.620]  And so that's what they got at breakfast this morning.
[06:24.620 --> 06:26.620]  Everybody got a bar grievance.
[06:26.620 --> 06:34.620]  And at lunch today, well, let me back up just a moment.
[06:34.620 --> 06:39.620]  Just say what's going on in general in Wood County right now.
[06:39.620 --> 06:48.620]  Some people may know already, but for anyone who doesn't, Wood County is out in East Texas.
[06:48.620 --> 06:50.620]  They had a traffic ticket.
[06:50.620 --> 06:52.620]  This was about two years ago.
[06:52.620 --> 07:04.620]  A traffic ticket that it actually got dismissed after eight months of me beating up their prosecutor with, this is what the law says.
[07:04.620 --> 07:07.620]  And they finally just dismissed.
[07:07.620 --> 07:09.620]  Took them eight months.
[07:09.620 --> 07:15.620]  Then somebody decided they wanted to revive this and enhance it.
[07:15.620 --> 07:27.620]  So they took this dismissed traffic ticket and they said, well, we're going to turn this from a class C misdemeanor into a class B misdemeanor.
[07:27.620 --> 07:33.620]  And they added a lie on the complaint.
[07:33.620 --> 07:36.620]  They swore to something that is obviously a lie.
[07:36.620 --> 07:46.620]  Everybody can see it any six year old would know that November 2018 does not come prior to August 2018.
[07:46.620 --> 07:48.620]  They just screwed it up.
[07:48.620 --> 07:52.620]  And that was their basis for enhancement.
[07:52.620 --> 07:56.620]  So they have no basis for enhancement.
[07:56.620 --> 07:58.620]  It's obviously false.
[07:58.620 --> 07:59.620]  Everybody should see it.
[07:59.620 --> 08:09.620]  But instead, this assistant prosecutor decided she was going to rely on that sworn complaint and she was going to drop an information that had that same lie in it.
[08:09.620 --> 08:15.620]  So she presented sham pleadings and she's not even someone who's authorized to present the pleadings.
[08:15.620 --> 08:19.620]  And they went on and on from there, just a comedy of errors.
[08:19.620 --> 08:23.620]  It wouldn't actually be funny if it weren't bothersome.
[08:23.620 --> 08:25.620]  These people are playing with people's lives.
[08:25.620 --> 08:32.620]  And so it's not really comical, but wow, this would be on a TV show.
[08:32.620 --> 08:35.620]  This would be something to laugh at.
[08:35.620 --> 08:42.620]  So they've gone through a lot of different mistakes and they've been harmful to me.
[08:42.620 --> 08:47.620]  These mistakes have been, but I've been holding them accountable all along the way.
[08:47.620 --> 08:56.620]  And where they are right now is they tried to have a hearing on January 15.
[08:56.620 --> 08:58.620]  They were about to.
[08:58.620 --> 09:05.620]  And from the looks of it, this was going to be the first pretrial hearing of this enhanced dismissed traffic case.
[09:05.620 --> 09:08.620]  They're going to do a pretrial hearing on January 15.
[09:08.620 --> 09:17.620]  And that is about one week past the day when they're barred, they're no longer allowed to deal with this.
[09:17.620 --> 09:22.620]  They should have dropped it, but they were about to have their pretrial.
[09:22.620 --> 09:35.620]  And the Supreme Court stepped in and said that they need to stay the proceedings based on my petition for a writ of mandamus for the higher court to command the lower court to follow the law.
[09:35.620 --> 09:56.620]  And I had also asked the Supreme Court to stay proceedings pending the outcome of the criminal charges against one of the senior justices who had so egregiously violated the law regarding judicial disqualification.
[09:56.620 --> 10:09.620]  So my traffic ticket, if they ever get to it, it's going to be, this ticket was already dismissed prior to any of this.
[10:09.620 --> 10:17.620]  And the whole reason that they have for bringing it to enhancement to take it to county court is going to fall flat on its face.
[10:17.620 --> 10:24.620]  They have no way to invoke jurisdiction based on something that's patently false.
[10:24.620 --> 10:27.620]  So there's really no way they can win.
[10:27.620 --> 10:29.620]  I don't want them to dismiss it.
[10:29.620 --> 10:31.620]  How do I want this to go?
[10:31.620 --> 10:33.620]  I want to see this through.
[10:33.620 --> 10:44.620]  And that's why I didn't, that's why I'm not pushing for this, the time frame, they're barred from continuing it after 180 days.
[10:44.620 --> 10:47.620]  They can't try to get their act together.
[10:47.620 --> 10:48.620]  It's too late.
[10:48.620 --> 11:00.620]  But I'm not calling them on that yet because I have an answer on the record that was timely filed with affirmative defenses and counterclaims.
[11:00.620 --> 11:03.620]  And my counterclaims are in the nature of declaratory judgments.
[11:03.620 --> 11:07.620]  And I want those declaratory judgments answered.
[11:07.620 --> 11:12.620]  I want them to say, this is what the law says.
[11:12.620 --> 11:15.620]  A complaint is not.
[11:15.620 --> 11:18.620]  A charging instrument all by itself.
[11:18.620 --> 11:26.620]  And it requires an information to be generated from that complaint because that's what the law does say.
[11:26.620 --> 11:29.620]  We have a problem in that people are not following that.
[11:29.620 --> 11:40.620]  That's what the law says because back in 1999, our legislature had to repeal some unconstitutional provision that was saying that they could do that.
[11:40.620 --> 11:42.620]  And they're still relying on it today.
[11:42.620 --> 11:49.620]  Even 20 years plus after that repeal, I want those declaratory judgments answered.
[11:49.620 --> 11:54.620]  I want them to say that a citation is not a complaint.
[11:54.620 --> 11:58.620]  I want them to say who has authority to do what.
[11:58.620 --> 12:05.620]  And if there is no proper paperwork presented to the court, there is no controversy before the court.
[12:05.620 --> 12:12.620]  I want these declarations answered, so I don't want them to drop it just because they're uncomfortable.
[12:12.620 --> 12:16.620]  They've had so many spar grievances and criminal complaints.
[12:16.620 --> 12:19.620]  I'm sure they're all uncomfortable.
[12:19.620 --> 12:24.620]  And yet I just want them to follow the law.
[12:24.620 --> 12:35.620]  I've got an encouragement today from a brother who says, he says I'm doing a good thing.
[12:35.620 --> 12:44.620]  He says this is good for our public officials to realize just like if you have a bully and he realizes that he picked on the wrong person and he doesn't want to mess with that person anymore.
[12:44.620 --> 12:51.620]  It also helps other people because that bully is not going to treat other people badly anymore, not like he would have.
[12:51.620 --> 12:58.620]  And so he says I'm doing a service for our community, not just for my family.
[12:58.620 --> 13:00.620]  And I appreciate the encouragement.
[13:00.620 --> 13:03.620]  That's what's going on right now with Wood County.
[13:03.620 --> 13:10.620]  We've had a lot of error, but I've been diligently preserving it.
[13:10.620 --> 13:20.620]  And right now they are trying to, in parallel, you have the court, right?
[13:20.620 --> 13:24.620]  You have things that you file with the court for the judge to rule on certain things.
[13:24.620 --> 13:32.620]  But in parallel with that, you can also be serving discovery requests to the prosecutor.
[13:32.620 --> 13:38.620]  Or in any case, you could serve discovery requests to the other party.
[13:38.620 --> 13:46.620]  And the idea with discovery is that you can eliminate some issues that really don't need to be resolved at trial.
[13:46.620 --> 13:48.620]  They can be resolved before trial.
[13:48.620 --> 13:50.620]  Eliminate those issues.
[13:50.620 --> 13:52.620]  Narrow it down, whittle it down.
[13:52.620 --> 14:00.620]  And the issues that are left, maybe you can minimize the scope of those just by having some things admitted up front.
[14:00.620 --> 14:05.620]  So the admissions are important and interrogatories are good.
[14:05.620 --> 14:11.620]  Interrogatories are just questions. You ask questions, they have to answer under oath.
[14:11.620 --> 14:21.620]  And then those answers are brought to the court as if they had already been handled under oath in the courtroom.
[14:21.620 --> 14:23.620]  But it's already dealt with.
[14:23.620 --> 14:28.620]  So you've slimmed down the size of what has to be addressed at trial.
[14:28.620 --> 14:30.620]  Sometimes you can dispose of the case.
[14:30.620 --> 14:40.620]  And in this situation, I believe if the prosecutor will answer in good faith, that will dispose of the case.
[14:40.620 --> 14:46.620]  So they generally don't like to answer those things though.
[14:46.620 --> 14:48.620]  That would be really embarrassing.
[14:48.620 --> 14:55.620]  It would reveal that their intent has been to seek convictions and not justice.
[14:55.620 --> 14:58.620]  It would reveal that they're really pushing for a guilty.
[14:58.620 --> 15:04.620]  They don't want an innocent outcome.
[15:04.620 --> 15:10.620]  So much so that they're willing to break a lot of laws and a lot of rules of ethics.
[15:10.620 --> 15:16.620]  They're willing to go against pretty much everything, even if they have no witnesses.
[15:16.620 --> 15:19.620]  They have nothing that they can bring.
[15:19.620 --> 15:25.620]  Let me clarify something in case everybody out there didn't get it.
[15:25.620 --> 15:36.620]  When Brett said that they were pushing for conviction, he was referring to 2.01, Texas Code of Criminal Procedure,
[15:36.620 --> 15:38.620]  duties of officers.
[15:38.620 --> 15:42.620]  Very first statute under duties of officers.
[15:42.620 --> 15:54.620]  It shall be the duty of the prosecuting attorney not to secure a conviction, but to ensure that justice is served.
[15:54.620 --> 16:04.620]  And in this case, it appears as though the prosecutor hasn't read that first duty that he has.
[16:04.620 --> 16:07.620]  Okay, go ahead.
[16:07.620 --> 16:12.620]  That's right. Randy, do you think this might be just a one-off situation?
[16:12.620 --> 16:17.620]  Maybe the others all have read this and they all have, but it's just this one?
[16:17.620 --> 16:20.620]  Oh yeah, absolutely.
[16:20.620 --> 16:25.620]  Okay, just checking.
[16:25.620 --> 16:42.620]  Well, before we go to our sponsors here, I will just finish up about interrogatories in that when someone does not want to respond to an interrogatory request for interrogatories,
[16:42.620 --> 16:55.620]  they like to say that it's civil only. However, I have a very wonderful surprise for anybody who wants to tell the prosecutor otherwise.
[16:55.620 --> 16:58.620]  And we will be right back.
[16:58.620 --> 17:13.620]  Thank you.
[17:29.620 --> 17:35.620]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
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[18:04.620 --> 18:12.620]  In today's America, we live in an us against them society, and if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights.
[18:12.620 --> 18:19.620]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, and most importantly, the right to due process of law.
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[19:24.620 --> 19:42.620]  Okay, we are back.
[19:42.620 --> 19:44.620]  It's the Rule of Law Radio.
[19:44.620 --> 19:59.620]  I'm Brett Fountain and we're talking about discovery. In a court case, the two different sides need to find out if something is a certain way they can ask.
[19:59.620 --> 20:01.620]  It's called discovery.
[20:01.620 --> 20:10.620]  Now, when you say discovery to a lawyer who's coming after you criminally, they tend to have a very tiny subset in mind.
[20:10.620 --> 20:21.620]  You say discovery, they think Michael Morton at Code of Criminal Procedure 39.14, that's all they are thinking of.
[20:21.620 --> 20:36.620]  And what that says is that if the prosecutor is aware of some evidence that's exculpatory, meaning that it would tend to show your innocence or it would tend to mitigate the punishment,
[20:36.620 --> 20:45.620]  make it a lesser punishment, well then that evidence is something that they are required to show you.
[20:45.620 --> 20:47.620]  They have to give it up.
[20:47.620 --> 20:51.620]  You don't even have to ask for it, they just have to give it.
[20:51.620 --> 20:58.620]  And that's generally all they're thinking about when you say the word discovery.
[20:58.620 --> 21:07.620]  They tend to be under the impression that, well, but this is a criminal case, so you can't have anything else.
[21:07.620 --> 21:11.620]  But that's not what the law says.
[21:11.620 --> 21:20.620]  If we look at Chapter 39 of the Code of Criminal Procedure, we see several other things going on there.
[21:20.620 --> 21:32.620]  Now, keep in mind that criminal, Randy, you mentioned this a lot of times at criminal, is just a subset of civil.
[21:32.620 --> 21:48.620]  And we have in criminal cases, we have a lot of things that are happening in that case that are happening because of the civil rules.
[21:48.620 --> 21:54.620]  So anything that is not in conflict, we use the civil rules.
[21:54.620 --> 22:08.620]  If we have something that has been specially provided for that's different in criminal, there will be a provision for that in the criminal procedure and we go by that.
[22:08.620 --> 22:15.620]  But where there is no specific provision, we go back to the general, which is civil.
[22:15.620 --> 22:23.620]  So there's that concept, but there's also interrogatories having even stronger footing.
[22:23.620 --> 22:36.620]  Interrogatories, it says specifically in our Texas Code of Criminal Procedure, it says that interrogatories use the civil rules.
[22:36.620 --> 22:44.620]  So if any lawyer wonders about whether or not this can apply, it's very explicit.
[22:44.620 --> 22:46.620]  We use the civil rules.
[22:46.620 --> 22:52.620]  So if you look at the civil rules, these are things that lawyers don't really want to answer.
[22:52.620 --> 22:55.620]  It's very useful.
[22:55.620 --> 23:04.620]  Anyway, so we've got a 30-day window for lawyers to answer this.
[23:04.620 --> 23:22.620]  And if they don't, well, then you can go to the court and you can put an emotion to have the court compel the other side, the other party, which in this case is the state, compel the opposing counsel to cooperate with discovery.
[23:22.620 --> 23:25.620]  That's what's going on right now with Wood County.
[23:25.620 --> 23:28.620]  We've just reached that 30-day window.
[23:28.620 --> 23:33.620]  Today was their special February 14 field of love day.
[23:33.620 --> 23:35.620]  They've got bar grievances at breakfast.
[23:35.620 --> 23:37.620]  They've got criminal charges.
[23:37.620 --> 23:46.620]  They've got a motion to compel discovery cooperation.
[23:46.620 --> 23:51.620]  So it's been an interesting day over there, I'm sure.
[23:51.620 --> 23:55.620]  Did they send you a Valentine's Day card?
[23:55.620 --> 23:57.620]  Oh my goodness.
[23:57.620 --> 23:59.620]  I might have missed out on that.
[23:59.620 --> 24:02.620]  You think I spoiled my chances to get one?
[24:02.620 --> 24:04.620]  Chance.
[24:04.620 --> 24:05.620]  That's what you get.
[24:05.620 --> 24:10.620]  Everything has consequences.
[24:10.620 --> 24:21.620]  So I am interested in, I need to look more closely at chapter 39 because we've asked that question a lot.
[24:21.620 --> 24:25.620]  Where in the criminal code does it refer to the civil?
[24:25.620 --> 24:28.620]  And apparently that's exactly where it does.
[24:28.620 --> 24:35.620]  The interrogatories are great. Does it also go to other forms of discovery?
[24:35.620 --> 24:45.620]  It says in 3904 it talks about depositions and depositions via written discovery.
[24:45.620 --> 24:50.620]  And if you look in the civil procedure, what written discovery is, it includes interrogatories.
[24:50.620 --> 24:54.620]  It also includes admissions.
[24:54.620 --> 25:05.620]  We see that, I believe it's Rule 192 where it describes the different kinds of written discovery.
[25:05.620 --> 25:15.620]  So that sounds like if it includes discovery, then admissions are part of discovery and admissions are great.
[25:15.620 --> 25:24.620]  And the prosecutor is going to say he doesn't have to answer. Okay, down answer.
[25:24.620 --> 25:41.620]  Then you give judicial notice that if you ask them to confirm or deny, admit or deny, and they fail to admit or deny, then it's admitted.
[25:41.620 --> 25:43.620]  Yes.
[25:43.620 --> 25:57.620]  So raise your admissions in a way that if true, tends toward dismissal of your case or something that's in your favor, you make a statement.
[25:57.620 --> 26:06.620]  You don't say things like you didn't know whether or not there was a crime occurring.
[26:06.620 --> 26:09.620]  Put things in there that make it clear.
[26:09.620 --> 26:14.620]  There's evidence that would tend to show.
[26:14.620 --> 26:22.620]  So when it becomes a true statement by their failure to respond, it becomes a true statement.
[26:22.620 --> 26:26.620]  They have no evidence and they can't argue otherwise.
[26:26.620 --> 26:29.620]  They are stopped.
[26:29.620 --> 26:31.620]  That means they're blocked.
[26:31.620 --> 26:33.620]  They can't say otherwise.
[26:33.620 --> 26:36.620]  They can't come to court and argue, well, actually we do have evidence.
[26:36.620 --> 26:41.620]  You didn't have any evidence.
[26:41.620 --> 26:44.620]  That goes to collateral estoppel.
[26:44.620 --> 26:47.620]  Yes.
[26:47.620 --> 26:53.620]  Once you've taken a position, you can never take an opposing position.
[26:53.620 --> 27:00.620]  Even if the position you took was wrong, you're stuck with it.
[27:00.620 --> 27:14.620]  If you had a foreclosure case, the lawyer said that the court should dismiss the case because Wells Fargo was not the lender.
[27:14.620 --> 27:20.620]  Well, that was true, but Wells Fargo was acting as the agent for the lender.
[27:20.620 --> 27:23.620]  So he stood in the shoes of the lender.
[27:23.620 --> 27:29.620]  Once he made that statement, he could never make a statement to the contrary.
[27:29.620 --> 27:41.620]  Even if he actually was the lender or was the agent of the lender, he can never claim it in court again because he signed the opposite collateral estoppel.
[27:41.620 --> 27:48.620]  Is that when you ran down to the courtroom and you quickly non-suited?
[27:48.620 --> 27:51.620]  Yes.
[27:51.620 --> 27:52.620]  I had a foreclosure.
[27:52.620 --> 27:55.620]  Do you have a chance to figure out what they had said?
[27:55.620 --> 27:59.620]  Yes, the lawyer made a mistake.
[27:59.620 --> 28:05.620]  I guess it was the first time doing a foreclosure action.
[28:05.620 --> 28:12.620]  We called Wells Fargo the lender and he said, well, we're not the lender.
[28:12.620 --> 28:15.620]  That's this other bank over here.
[28:15.620 --> 28:19.620]  But he didn't realize he was the agent for the lender, so he stood in the shoes.
[28:19.620 --> 28:21.620]  He made a mistake.
[28:21.620 --> 28:26.620]  So what do you do when the guy makes a mistake?
[28:26.620 --> 28:29.620]  You lock him into it, you run down a non-suit.
[28:29.620 --> 28:32.620]  So now the mistake becomes collateral estoppel.
[28:32.620 --> 28:35.620]  He can't fix it.
[28:35.620 --> 28:41.620]  When you're answering pleadings, be careful, pay attention.
[28:41.620 --> 28:53.620]  If the other side makes a mistake, then you do something that would be detrimental to you,
[28:53.620 --> 28:59.620]  relying on the mistaken statement the other side made.
[28:59.620 --> 29:08.620]  Once you have taken an action based on their statement and their statement was untrue or wrong,
[29:08.620 --> 29:13.620]  and it was a mistake that would be detrimental to them, they can never change it.
[29:13.620 --> 29:23.620]  Now, if I had just filed a motion arguing that they were the lender, then they could fix it.
[29:23.620 --> 29:29.620]  But I have this rule, never give fair warning.
[29:29.620 --> 29:40.620]  So watch the other side. I had a case where the guy who arrested me told the court that he was a constable,
[29:40.620 --> 29:42.620]  when in fact he had been fired.
[29:42.620 --> 29:46.620]  And the judge asked me after the case why I didn't bring that up.
[29:46.620 --> 29:49.620]  I said, well, it didn't make any difference to the case.
[29:49.620 --> 29:53.620]  But if I had brought it up, he would have had an opportunity to recap.
[29:53.620 --> 29:55.620]  Hang on, go into break.
[29:55.620 --> 30:02.620]  Oh, I'm not supposed to say break. We'll be right back.
[30:02.620 --> 30:08.620]  Thousands of Florida motorists convicted of DUI may very well have been driving under the blood alcohol limit.
[30:08.620 --> 30:15.620]  I'm Dr. Catherine Albrecht and I'll be back with a tale of bad breathalysers and a government cover-up in a moment.
[30:15.620 --> 30:20.620]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.620 --> 30:25.620]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.620 --> 30:30.620]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:30.620 --> 30:33.620]  Privacy, it's worth hanging on to.
[30:33.620 --> 30:40.620]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:40.620 --> 30:44.620]  Start over with StartPage.
[30:44.620 --> 30:53.620]  Ever hear the term fine-farming? It's when cops find innocent people to bring in revenue, and it's apparently big business in the Sunshine State of Florida.
[30:53.620 --> 30:59.620]  This case involves breathalysers used to convict thousands of Florida motorists for DUI violations.
[30:59.620 --> 31:03.620]  Recently, reporters discovered that the devices were improperly calibrated.
[31:03.620 --> 31:07.620]  State officials knew about it for two and a half years, but did nothing.
[31:07.620 --> 31:13.620]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[31:13.620 --> 31:21.620]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed, perhaps Florida drivers can breathe a bit easier.
[31:21.620 --> 31:30.620]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.620 --> 31:34.620]  I lost my son. My uncle. My uncle. On September 11, 2000.
[31:34.620 --> 31:38.620]  Most people don't know that a third tower fell on September 11.
[31:38.620 --> 31:42.620]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.620 --> 31:46.620]  Although the official explanation is that fire brought down building 7,
[31:46.620 --> 31:50.620]  over 1,200 architects and engineers have looked into the evidence
[31:50.620 --> 31:52.620]  and believed there is more to the story.
[31:52.620 --> 31:55.620]  Bring justice to my son. My uncle. My nephew. My son.
[31:55.620 --> 32:00.620]  Go to building what.org. Why it fell, why it matters, and what you can do.
[32:00.620 --> 32:05.620]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:05.620 --> 32:11.620]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. Central Time.
[32:11.620 --> 32:14.620]  Our goal is in accord with Matthew 516.
[32:14.620 --> 32:18.620]  Let your light so shine before men that they may see your good works
[32:18.620 --> 32:21.620]  and glorify your Father which is in heaven.
[32:21.620 --> 32:26.620]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.620 --> 32:31.620]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies
[32:31.620 --> 32:34.620]  designed to provoke unto love and good works.
[32:34.620 --> 32:38.620]  Our verse by verse Bible studies will begin in the book of Matthew
[32:38.620 --> 32:41.620]  where we will discuss one chapter per week.
[32:41.620 --> 32:45.620]  Our topical Bible studies will vary each week and will explore sound doctrine
[32:45.620 --> 32:48.620]  as well as Christian character development.
[32:48.620 --> 32:53.620]  So mark your calendar and join us live on LogosRadioNetwork.com
[32:53.620 --> 32:56.620]  Wednesdays from 8 to 10 p.m. starting January 8
[32:56.620 --> 33:00.620]  for an inspiring and motivating discussion of the Scriptures.
[33:00.620 --> 33:09.620]  You're listening to the LogosRadio Network at LogosRadioNetwork.com
[33:15.620 --> 33:18.620]  Okay, we are back. Randy Kelton, Brett Fountain.
[33:18.620 --> 33:21.620]  We were on our radio and we went out.
[33:21.620 --> 33:25.620]  We were talking about collateral estoppel.
[33:25.620 --> 33:29.620]  When the other side makes a mistake
[33:29.620 --> 33:34.620]  or when the other side commits aggravated perjury,
[33:34.620 --> 33:40.620]  you want to do something to lock him into the aggravated perjury.
[33:40.620 --> 33:46.620]  If you commit aggravated perjury and you recant that perjury
[33:46.620 --> 33:54.620]  before it becomes evident that the statement was perjurious,
[33:54.620 --> 33:57.620]  then you can't be charged with aggravated perjury.
[33:57.620 --> 34:01.620]  In the case I was speaking to when we went out,
[34:01.620 --> 34:10.620]  I was at a J.P.'s office and one of these turned out to be a really wacko guy.
[34:10.620 --> 34:17.620]  I was talking to Clark and he got himself an attitude
[34:17.620 --> 34:20.620]  and threatened me, threatened to arrest me.
[34:20.620 --> 34:26.620]  And I told him, well, this is not the high school parking lot.
[34:26.620 --> 34:30.620]  If you want somebody shaking in their boots, you go down there.
[34:30.620 --> 34:33.620]  But if you want a recipe, get it done.
[34:33.620 --> 34:35.620]  And he did.
[34:35.620 --> 34:38.620]  And then I come after him.
[34:38.620 --> 34:45.620]  And it turned out this guy was the bailiff for this J.P.
[34:45.620 --> 34:50.620]  And when the J.P. was up for reelection, the bailiff ran against him
[34:50.620 --> 35:00.620]  and was so, was determined, so aggressive and lied like a dog.
[35:00.620 --> 35:05.620]  The judge sued the bailiff for slander.
[35:05.620 --> 35:07.620]  The bailiff lost the election.
[35:07.620 --> 35:11.620]  But the judge really hated this bailiff.
[35:11.620 --> 35:17.620]  But he was hired and put there by the constable so he couldn't do anything about it.
[35:17.620 --> 35:21.620]  So I filed criminal charges against the bailiff.
[35:21.620 --> 35:25.620]  And we had a hearing and the bailiff got on the stand.
[35:25.620 --> 35:27.620]  I charged him with false imprisonment.
[35:27.620 --> 35:32.620]  Got on the stand and testified that he was a constable for the city of Denton,
[35:32.620 --> 35:34.620]  for the county of Denton.
[35:34.620 --> 35:39.620]  And he had been fired eight months before.
[35:39.620 --> 35:44.620]  Now, he was a constable at the time that he arrested me.
[35:44.620 --> 35:46.620]  But that's not what he said.
[35:46.620 --> 35:49.620]  He got on the stand and said he was a constable.
[35:49.620 --> 35:51.620]  At the time?
[35:51.620 --> 35:53.620]  At the time, yes.
[35:53.620 --> 35:58.620]  So after the hearing, the judge came to me and said that,
[35:58.620 --> 36:05.620]  Mr. Kelton, you know that that bailiff, whatever his name was, was not a constable.
[36:05.620 --> 36:07.620]  I said, yeah, I knew that.
[36:07.620 --> 36:13.620]  Then you know he perched himself on the stand and said, yeah, I knew that too.
[36:13.620 --> 36:15.620]  Well, why didn't you address it?
[36:15.620 --> 36:23.620]  I said, well, if I had addressed it, he could have changed his testimony at the time.
[36:23.620 --> 36:30.620]  So it wasn't important to my case whether he was a constable now or not.
[36:30.620 --> 36:37.620]  So I left it so that I could then charge him with aggravated perjury and he couldn't recant.
[36:37.620 --> 36:47.620]  And the bailiff said that the JP says, Mr. Kelton, you can really be a scoundrel.
[36:47.620 --> 36:50.620]  Judge, you got no idea.
[36:50.620 --> 36:59.620]  I wound up suing Denton County for $11 million over that issue.
[36:59.620 --> 37:04.620]  I sued my worst nightmare.
[37:04.620 --> 37:11.620]  I had the transcript of the county commissioners court when they appointed the district attorney
[37:11.620 --> 37:14.620]  to represent the county in this lawsuit.
[37:14.620 --> 37:17.620]  I sued 24 litigants.
[37:17.620 --> 37:21.620]  That's the 14th litigant was my worst nightmare.
[37:21.620 --> 37:29.620]  And in the transcript of the court hearing, the county commissioners court judge Scott Armie
[37:29.620 --> 37:35.620]  asked the prosecutor, who is this my worst nightmare?
[37:35.620 --> 37:46.620]  And the prosecutor said, the district attorney said, well, apparently someone introduced themselves to Mr. Kelton as his worst nightmare.
[37:46.620 --> 37:52.620]  And the judge said, yes, and I have a bone to pick with him.
[37:52.620 --> 37:59.620]  As I understand, that guy got fired two weeks after I filed the lawsuit.
[37:59.620 --> 38:01.620]  I wound up dropping the lawsuit.
[38:01.620 --> 38:05.620]  But a friend of mine recently I met in Lowe's.
[38:05.620 --> 38:11.620]  She looked like she was trying to kind of trying to avoid me and we'd been really good friends.
[38:11.620 --> 38:19.620]  And when I talked to her, she was kind of looking around like a rat in a cage.
[38:19.620 --> 38:27.620]  And she told me that she had got hired on as a jail guard in the Wise County Sheriff's Department.
[38:27.620 --> 38:37.620]  But before she could start work, she had to take a course in Denton County on how to deal with difficult people.
[38:37.620 --> 38:43.620]  And when they showed a video of an example of someone that was difficult to deal with.
[38:43.620 --> 38:49.620]  And she said, well, I know that guy.
[38:49.620 --> 38:57.620]  That $11 million lawsuit, even though I dismissed it, really got everybody's attention.
[38:57.620 --> 38:59.620]  I called a lawyer.
[38:59.620 --> 39:05.620]  The last lawyer I called was the district attorney prior to the current district attorney.
[39:05.620 --> 39:07.620]  His name was Jerry Cobb.
[39:07.620 --> 39:14.620]  And I called him, I said, hello, Jerry, my name is Randy Kelton and I have sued Denton County for $11 million.
[39:14.620 --> 39:16.620]  And I need a lawyer to represent my suit.
[39:16.620 --> 39:19.620]  He said, oh, Mr. Kelton, I know all about your suit.
[39:19.620 --> 39:21.620]  I said, I can't take your case.
[39:21.620 --> 39:28.620]  You made claims against the judges in there and I have to represent clients in this county.
[39:28.620 --> 39:30.620]  I said, what's the matter, Jerry?
[39:30.620 --> 39:35.620]  You're afraid those judges will screw your next client to get back at you?
[39:35.620 --> 39:41.620]  And he said what every other judge said, I'm sorry, what every other lawyer said.
[39:41.620 --> 39:45.620]  He said, you darn right they will.
[39:45.620 --> 39:53.620]  Now, I don't know if that's true or not, but I do know that every lawyer I talked to believed it was true.
[39:53.620 --> 39:56.620]  And that is a sad state of affairs.
[39:56.620 --> 40:04.620]  But anyway, if you sue them, it really gets their attention, especially if you sue them big time.
[40:04.620 --> 40:07.620]  And I sued them for $11 million.
[40:07.620 --> 40:10.620]  I just made that up.
[40:10.620 --> 40:19.620]  And I could have sued them for 5, 10 or 20, but I sued them for 11 to make it sound like I had a reason for that.
[40:19.620 --> 40:23.620]  Anyway, enough of the Denton County.
[40:23.620 --> 40:32.620]  I probably shouldn't be talking to him because I'm going to go to Denton County next week to try to elicit their assistance in a project.
[40:32.620 --> 40:36.620]  So I probably shouldn't be talking too bad about them on the air.
[40:36.620 --> 40:38.620]  Okay.
[40:38.620 --> 40:42.620]  So ahead, we kind of got off topic there.
[40:42.620 --> 40:47.620]  You had one other county you wanted to speak to.
[40:47.620 --> 40:54.620]  Well, just one other observation about your perjury and aggravated perjury.
[40:54.620 --> 41:07.620]  We were talking about retraction and a related concept would be if they make a mistake in the form or the substance of their charging instrument.
[41:07.620 --> 41:12.620]  And you don't want them to fix that.
[41:12.620 --> 41:24.620]  You want them, you want it to just go away so you respond, go ahead and take an action that is dependent on the mistake they made.
[41:24.620 --> 41:27.620]  That way, it's just like with the retraction.
[41:27.620 --> 41:41.620]  Retraction says in Penal Code 30705, it's a defense to aggravated perjury that the actor retracted his false statement before it became manifest that the falsity of the statement will be exposed.
[41:41.620 --> 41:44.620]  So it's the same way with a charging instrument.
[41:44.620 --> 41:53.620]  And the 2810 of the Code of Criminal Procedure, it's talking about amending and indictment or information.
[41:53.620 --> 41:59.620]  Now, those are the only two documents that could be legitimately a charging instrument for a crime.
[41:59.620 --> 42:05.620]  I mean, you can have a complaint come at you for something that's not really a crime.
[42:05.620 --> 42:16.620]  Maybe your grass was too tall or something, that's not a crime, but it's a violation of somebody's rules and so a citation or even a complaint could be brought.
[42:16.620 --> 42:19.620]  But in this case, we're talking about crimes here.
[42:19.620 --> 42:23.620]  So it's got to be an indictment or an information.
[42:23.620 --> 42:37.620]  And it says that a matter of form or substance in an indictment or information may also be amended if the defendant does not object.
[42:37.620 --> 42:58.620]  So once you've relied on the problem that they've had some matter of form or substance and you've brought up some sort of affirmative defense based on that, they're going to want to try to fix it that you object.
[42:58.620 --> 43:16.620]  And this says in 2810 subsection C, an indictment or information may not be amended over the defendant's objection as to form or substance if the amended indictment or information charges the defendant with an additional or different offense
[43:16.620 --> 43:21.620]  or if the substantial rights of the defendant are prejudiced.
[43:21.620 --> 43:29.620]  So that just goes hand in hand with the thing about the perjury or it could be the same for forgery.
[43:29.620 --> 43:40.620]  If they mess up the charging instrument, go ahead and respond to it and make your defense formulated defense based on that and then they're locked in.
[43:40.620 --> 43:42.620]  Just make sure you object.
[43:42.620 --> 43:50.620]  We're getting ready to go to our sponsors and hear what they have to share about.
[43:50.620 --> 43:58.620]  Okay, look, just quickly, when you find a mistake the other guy's made, don't jump on it too quickly.
[43:58.620 --> 44:27.620]  We'll be right back.
[44:28.620 --> 44:57.620]  We'll be right back.
[44:58.620 --> 45:00.620]  We'll be right back.
[45:28.620 --> 45:34.620]  This dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.620 --> 45:43.620]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.620 --> 45:52.620]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[45:52.620 --> 46:01.620]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:22.620 --> 46:42.620]  Okay, we are back.
[46:42.620 --> 46:50.620]  Randy Kelton, Brett Fountain, rule of law radio on this 14th day of February 2020.
[46:50.620 --> 46:55.620]  And when we were going out, I was saying about mistakes.
[46:55.620 --> 47:12.620]  Generally, especially pro se's, when we find a mistake on the part of the other side, we want to jump right on that mistake and take that mistake and just cram it right down their throats.
[47:12.620 --> 47:16.620]  Well, that's not always a good idea.
[47:16.620 --> 47:32.620]  When you see a mistake in the other party's pleadings, before you get on your righteous high horse, take a step back and contemplate the effect of that mistake.
[47:32.620 --> 47:37.620]  And how can you use that mistake against them?
[47:37.620 --> 47:39.620]  So you want it strategic, huh?
[47:39.620 --> 47:46.620]  Exactly. Make sure that you don't waste a good opportunity.
[47:46.620 --> 47:51.620]  But, you know, we're here, we're just looking for a reason to hammer on them.
[47:51.620 --> 47:54.620]  Well, sometimes that doesn't work out so well for us.
[47:54.620 --> 48:01.620]  Okay, you did have Brassus County. I want to hear what happened to Brassus County.
[48:01.620 --> 48:22.620]  Well, in Brassus County, the guy that's helping out to deal with his situation over there, he, we're, so the attorney that he had, sorry, I have to think how to back up a little bit more, a little bit more.
[48:22.620 --> 48:33.620]  The attorney that he had, he had paid for an attorney and the attorney did nothing for 16 months. And finally, he was just about to go to jail.
[48:33.620 --> 48:40.620]  And the attorneys talking about, well, you know, this is looking really bad. I thought we were going to get it off, but it's looking really bad.
[48:40.620 --> 48:42.620]  I'm going to need some more retainer money.
[48:42.620 --> 48:48.620]  And my friend started asking him for itemizing the work that he had been doing.
[48:48.620 --> 48:53.620]  He said, you say you've done all this work for me. What if you actually done?
[48:53.620 --> 49:03.620]  The clerk says, the court clerk says you haven't filed anything. I don't know what's happened over here, but it doesn't seem like you're doing anything for me.
[49:03.620 --> 49:19.620]  Well, the attorney, well, you see him didn't haunt him. He was unable to produce any kind of itemized anything. And so my friend came to me. Hey, they're about to throw me in jail. They're just talking about how long.
[49:19.620 --> 49:24.620]  And we sat down together and we looked at the paperwork.
[49:24.620 --> 49:33.620]  And I'd had him go and get from the court clerk, did a copy of the record, and we looked at everything and we pulled up the law.
[49:33.620 --> 49:42.620]  We started going through it. We spent three days, one long weekend. We sat down and just went over everything, wrote up a bunch of pleadings.
[49:42.620 --> 49:59.620]  The next Monday, as soon as all of that hit the fan, the lawyer wanted out. The defense lawyer, he could have used any of these defensive pleadings and just decided to adjudicate any one of them and got the whole thing thrown out.
[49:59.620 --> 50:02.620]  We handed it to him on a silver platter.
[50:02.620 --> 50:24.620]  But I guess that's embarrassing to a lawyer if he wasn't able to do even one document in 16 months and he's asking for more money. And then suddenly his client is able to highlight things that the lawyer should have known was procedural due process issues and didn't.
[50:24.620 --> 50:38.620]  Man, that lawyer wanted out. So he put in a motion to withdraw. And the judge had in front of him the motion plus a really strong objection to that motion.
[50:38.620 --> 50:46.620]  Now the motion showed no good cause for withdrawing other than that the lawyer was uncomfortable.
[50:46.620 --> 50:58.620]  My friend made a really good point to the judge says, well, there's a lot about this that's uncomfortable, but I'm one who's uncomfortable and I'm just having to roll with it.
[50:58.620 --> 51:09.620]  And, you know, I don't want any decision to be made here based on somebody's comfort level. I want to see justice happen here.
[51:09.620 --> 51:20.620]  So the judge had a really tight space there to work with. And the judge ended up violating the law by cutting that lawyer loose.
[51:20.620 --> 51:33.620]  The lawyer had a contractual obligation and the Constitution prohibits interference with those contractual obligations. The judge impaired.
[51:33.620 --> 51:42.620]  Vima, isn't this the lawyer that felt like he was dealing with the sort of democracies?
[51:42.620 --> 51:55.620]  Yes, he was saying, I can't work like this. His voice too octave higher than usual and talking about that he can't work with a gun to his head or he can't work with the dagger to his throat.
[51:55.620 --> 52:04.620]  And all he did was see the word bar grievance on a document, a note on the side of a piece of paper.
[52:04.620 --> 52:10.620]  Yes, and he assumed he was going to get bar grievance grieved and just freaked out.
[52:10.620 --> 52:19.620]  Well, he was right. But that wasn't what the there was no threat at the time. It just said the word grievance.
[52:19.620 --> 52:26.620]  And he took that and he got really wigged out about it.
[52:26.620 --> 52:31.620]  So apparently he ultimately did get grieved because of that.
[52:31.620 --> 52:45.620]  Right. What happened was, and this is, I think, perfect irony, what happened was he prematurely, before he got bar grievance, he went in and told the judge, my client bar grieved me.
[52:45.620 --> 52:51.620]  Now, Randy, I understand from what you tell us that they're not allowed to do that. They're not even allowed to talk about having been bar grieved.
[52:51.620 --> 52:58.620]  But anyway, that's what he did. He went to the judge and he told the judge, my client bar grieved me.
[52:58.620 --> 53:05.620]  And the judge says, are you sure? He's looking over the client. Are you sure?
[53:05.620 --> 53:12.620]  He says, have you actually seen anything from that? Oh, yeah, yeah, he's bar grieved me for sure.
[53:12.620 --> 53:19.620]  And my friend's wife heard him.
[53:19.620 --> 53:30.620]  And out in the hallway, she nudges her husband, my friend, and says, baby, that lawyer just lied to the judge.
[53:30.620 --> 53:38.620]  And she's the one that bar grieved the lawyer for lying.
[53:38.620 --> 53:43.620]  So he got rid of that lawyer. The judge tossed that lawyer.
[53:43.620 --> 53:44.620]  Yes.
[53:44.620 --> 53:47.620]  And has he got another lawyer yet?
[53:47.620 --> 53:55.620]  He does. It was a lot of work because I couldn't find anybody that was either affordable.
[53:55.620 --> 54:03.620]  They got, he almost got one of them. And then he asked the guy if he was willing to uphold his rights and click.
[54:03.620 --> 54:16.620]  Didn't want to talk anymore. And we got another lawyer here who is, he won't sign anything saying he's going to uphold his rights and not lie and not break the law.
[54:16.620 --> 54:29.620]  He got real offended about that. He's not willing to sign it, but he seems like he's willing to at least, we're off to a good start with him, it looks like.
[54:29.620 --> 54:38.620]  And I say that because he initially said, there's no way I'm going to file a motion to compel interrogatories. There's no way.
[54:38.620 --> 54:45.620]  She doesn't have to, the prosecutor, she doesn't have to respond to interrogatories. This is not a civil case.
[54:45.620 --> 54:52.620]  And then I mentioned to him, well, actually, look at what the Code of Criminal Procedure says.
[54:52.620 --> 55:07.620]  I showed him 3906. It says specifically that in interrogatories, if a deposition is going to be taken, be a written discovery, within interrogatories, the civil rule will apply.
[55:07.620 --> 55:16.620]  And he said, huh, well, if I'm wrong, I'm wrong. I'm going to go take a look at that. If I'm wrong, I'll admit it.
[55:16.620 --> 55:28.620]  So it looks like he's willing to take a look at something and re-examine what he thought was the way things are and step forward like that.
[55:28.620 --> 55:31.620]  And we're really hopeful about that.
[55:31.620 --> 55:41.620]  Has your guy give notice to the judge's intent to sue the judge for interfering with a private contract?
[55:41.620 --> 55:44.620]  No, has not at all.
[55:44.620 --> 55:48.620]  He probably should.
[55:48.620 --> 55:51.620]  Because then there would be a disqualification issue?
[55:51.620 --> 55:54.620]  Exactly.
[55:54.620 --> 56:05.620]  And if the second judge comes in because the first judge got sued, the second judge is not going to want to be in the same position.
[56:05.620 --> 56:09.620]  Exactly.
[56:09.620 --> 56:19.620]  You know, people say, well, I don't want to make the judge mad at you at me. The judge is going to screw you while he don't care about you.
[56:19.620 --> 56:26.620]  If you want an advantage from the judge, stick it to him big time.
[56:26.620 --> 56:32.620]  You're wanting him to think that you're going to be major trouble for him.
[56:32.620 --> 56:35.620]  Otherwise, he don't care about you.
[56:35.620 --> 56:40.620]  He's going to roll right over you and not have the least bit concerned about it.
[56:40.620 --> 56:43.620]  Yeah, that's my experience as well.
[56:43.620 --> 56:51.620]  In my last case, they dismissed the case to protect my lawyer from me.
[56:51.620 --> 57:06.620]  This is an Austin, a guard at the DPS officer who is security for the Capitol building.
[57:06.620 --> 57:13.620]  When I call 911 on them at the Secretary of State's building, the sergeant smashed me into a wall and broke one of my teeth and threw me in jail.
[57:13.620 --> 57:17.620]  And then let me out without charging me.
[57:17.620 --> 57:24.620]  So I filed a whole bunch of information requests and then went to the FBI with criminal complaints.
[57:24.620 --> 57:32.620]  And the FBI arrested me because after they let me out, they filed charges because I started filing information requests.
[57:32.620 --> 57:37.620]  Well, the city of Austin appointed me an attorney I didn't ask for the one.
[57:37.620 --> 57:49.620]  I won't spend a lot of time on how that happened. But when I got the attorney, I told him that I've got 19 issues before the court.
[57:49.620 --> 57:52.620]  You will adequately adjudicate every single one of them.
[57:52.620 --> 57:57.620]  You failed to adequately adjudicate a single one and I will bargain with you.
[57:57.620 --> 58:11.620]  Mr. Kelton, you would grieve me in a heartbeat. It dismissed the case to keep me from bar-grieving my attorney.
[58:11.620 --> 58:16.620]  It's a little long story, but it was great fun.
[58:16.620 --> 58:22.620]  You're not going to win your case by trying to be nice and civil with these guys.
[58:22.620 --> 58:26.620]  You've got to give them a reason to want you out of the court.
[58:26.620 --> 58:38.620]  Why do you think that's such a common way for people to behave or to have that thought process?
[58:38.620 --> 58:49.620]  I'm not sure. I can guess, but we'll talk about that on the other side, but it's odd. We'll be right back.
[58:49.620 --> 58:53.620]  Would you like to make more definite progress in your walk with God?
[58:53.620 --> 59:00.620]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.620 --> 59:05.620]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.620 --> 59:12.620]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.620 --> 59:17.620]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.620 --> 59:27.620]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.620 --> 59:40.620]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.620 --> 59:49.620]  That's 888-551-0102. Or visit us online at bfa.org.
[59:49.620 --> 59:59.620]  Live free speech radio, logosradionetwork.com.
[59:59.620 --> 01:00:05.620]  The following news flash is brought to you by the Lone Star Lowdown.
[01:00:05.620 --> 01:00:16.620]  Markets for Monday the 22nd of July 2019, open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:16.620 --> 01:00:28.620]  oil, Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:28.620 --> 01:00:45.620]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:45.620 --> 01:00:59.620]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:00:59.620 --> 01:01:04.620]  Today in history.
[01:01:04.620 --> 01:01:16.620]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing HEPA to tax his law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges,
[01:01:16.620 --> 01:01:24.620]  and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.620 --> 01:01:33.620]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.620 --> 01:01:42.620]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:42.620 --> 01:01:52.620]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso.
[01:01:52.620 --> 01:02:01.620]  Cayma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.620 --> 01:02:08.620]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:08.620 --> 01:02:22.620]  the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.620 --> 01:02:38.620]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.620 --> 01:02:53.620]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the globe.
[01:02:53.620 --> 01:03:00.620]  This is Brook Rody with your lowdown for July 22, 2019.
[01:03:00.620 --> 01:03:11.620]  It's all according to the will of the Almighty.
[01:03:11.620 --> 01:03:18.620]  I read his book and it says to cast him toward the asylum.
[01:03:18.620 --> 01:03:34.620]  These warm arms will come by that time right there. I won't pay for the war with my body. I ain't gonna pay for the car with my money.
[01:03:34.620 --> 01:03:52.620]  I won't pay for the fun with my body. I ain't gonna pay for the oil with my body. I won't pay for the boys with my money. I ain't gonna pay for the kids with my body.
[01:03:52.620 --> 01:04:16.620]  Okay, Randy Kelton, Brett Fountain, Google Our Radio, and when we went out, we were postulating about why do these prosecutors fight so hard to never, ever give the slightest, tiniest little bit of reasonable consideration.
[01:04:16.620 --> 01:04:28.620]  I do not understand it. We are costing the state of Texas $3.3 billion a year.
[01:04:28.620 --> 01:04:52.620]  70% of all the people in jail in county jails are there for pretrial. 70% at $59 a day. These prosecutors are costing the state of Texas and the taxpayers an ungodly fortune, 900 million a year for pretrial detainees.
[01:04:52.620 --> 01:05:07.620]  And they will fight you like a tiger to keep you in there as long as possible while the legislature and everybody is complaining about this mass incarceration. This is insane.
[01:05:07.620 --> 01:05:27.620]  Yeah. What the heck is going on? I don't understand it. I know I've been doing this show for a long time. I don't understand that mentality. You can bar grieve these guys into the stone age and they will not back up one half inch.
[01:05:27.620 --> 01:05:31.620]  Well, some other lawyer will step in.
[01:05:31.620 --> 01:05:44.620]  And he won't back up an inch. Do the same thing to him and he won't back up. They will fight you and fight you and fight you for it. It is insane. I don't understand it.
[01:05:44.620 --> 01:06:03.620]  We need to start trying to put him in jail because nothing else is working. You have to submit to exactly what they say or they will take all of your tax resources they can get and throw them at you and fight you forever.
[01:06:03.620 --> 01:06:23.620]  We do not understand it. If anybody out there understands it, I would like to hear an answer because after 30 years, I don't have one. Anyway, okay, let's go to callers. Did you have something else, Brad?
[01:06:23.620 --> 01:06:29.620]  No, that's great. If we go ahead and go to callers, I see we've got some stacking up there.
[01:06:29.620 --> 01:06:34.620]  Okay, we're going to go to James in Texas. Hello, James.
[01:06:34.620 --> 01:06:37.620]  Hello, how are y'all doing tonight?
[01:06:37.620 --> 01:06:42.620]  We're doing good. What do you have for us today?
[01:06:42.620 --> 01:07:02.620]  Well, it's been a while since I talked to you. I convicted of three charges back in, I think, when was it? Hold on. I think it was in October. I've had a lot of family stuff going on.
[01:07:02.620 --> 01:07:30.620]  Anyway, I did a public information request on an itemized list or accounting of the court costs. On two of the charges, what I got from the court on the day of the trial was court costs were $100.10 for each of the two charges.
[01:07:30.620 --> 01:07:52.620]  So, when I get the information request back, those charges jumped up to $103.10. So, there's a different amount. And on the third charge, court costs were $50. Now, they're $103.
[01:07:52.620 --> 01:08:07.620]  And you tell me how that happened. None of the fine amounts and none of the court cost amounts match up from what I was given on the day of the trial to when I did the public information request.
[01:08:07.620 --> 01:08:14.620]  Wow. Have you talked to the county comptroller?
[01:08:14.620 --> 01:08:21.620]  I haven't talked to anybody yet. I wanted to wait till I was able to get in touch with you guys.
[01:08:21.620 --> 01:08:34.620]  Well, Randy, would you say this is one of the kinds of things where you want to ask questions and get them to fix it or one of the kinds of things where you want to use their mistake to have the whole thing thrown out?
[01:08:34.620 --> 01:08:46.620]  No. This is something else. Okay. In these days of computers, computers don't make those kinds of mistakes.
[01:08:46.620 --> 01:08:57.620]  So, we just threw some numbers down and then once I sent the public information request and he went, ooh, I've got them now make these numbers match up.
[01:08:57.620 --> 01:09:07.620]  Yes. So, wait a minute. You know, I'm looking at this from a computer programming side.
[01:09:07.620 --> 01:09:23.620]  Say I'm an auditor. I'm brought in to look at their numbers and I see the court has one set of numbers and the clerk has another set of numbers. How does that happen?
[01:09:23.620 --> 01:09:38.620]  Well, and here's the thing. You know, I took and added everything up on two of the charges. The totals were from what I got at court today between court costs and fines or $167.
[01:09:38.620 --> 01:09:44.620]  They matched. The other one was $150. They matched.
[01:09:44.620 --> 01:09:56.620]  The third one, what I got from the court showed $177 total after the public information request. It's now $178 total.
[01:09:56.620 --> 01:10:04.620]  So, it's a dollar more after I made the request than it was today of the trial.
[01:10:04.620 --> 01:10:13.620]  Well, if the numbers are off at all, there's a real problem here.
[01:10:13.620 --> 01:10:17.620]  Yes, sir. That's what I was thinking. I've been trying to...
[01:10:17.620 --> 01:10:22.620]  Well, what it says to me, somebody's cooking books.
[01:10:22.620 --> 01:10:24.620]  It says to me fraud.
[01:10:24.620 --> 01:10:38.620]  That's what it's... And a dollar is nothing but the fact that that dollar error can be in there tells me somebody's playing with these books.
[01:10:38.620 --> 01:10:45.620]  And this calls for a lot bigger, more comprehensive look.
[01:10:45.620 --> 01:10:53.620]  This is where you go to the state, to the county comptroller, county comptroller and county commissioners court.
[01:10:53.620 --> 01:10:58.620]  They're the ones that handle the county's money.
[01:10:58.620 --> 01:11:05.620]  And they're the ones that have to account for all of this money.
[01:11:05.620 --> 01:11:10.620]  What do the courts do with this money they collect?
[01:11:10.620 --> 01:11:20.620]  How does it move through the system? I know a certain amount is supposed to go to the general fund and a certain amount stays in the county.
[01:11:20.620 --> 01:11:41.620]  But then I read this legislative report where the Department of Public Safety was complaining that these cities who have traffic control officers who are authorized to do traffic inspections,
[01:11:41.620 --> 01:11:53.620]  they're required to send a portion of all of the fines and fees they collect to the...
[01:11:53.620 --> 01:12:01.620]  I think the Department of Public Safety or the county, whoever they were supposed to send them to, none of them had.
[01:12:01.620 --> 01:12:04.620]  A bridge fund, isn't it?
[01:12:04.620 --> 01:12:10.620]  Doesn't half of the fine go to the state road and bridge fund?
[01:12:10.620 --> 01:12:19.620]  No, no, this was when a municipal police officer is authorized to enforce the transportation code.
[01:12:19.620 --> 01:12:30.620]  The only time a municipal police officer can enforce any portion of the transportation code is when he is authorized to do DOT inspections.
[01:12:30.620 --> 01:12:39.620]  That is the only time that's under, what is it, 4.13?
[01:12:39.620 --> 01:12:53.620]  Yeah, there's four point Texas Administrative Code 4.13 and 4.14 describe, whether it's city or county, describe how they can become authorized and certified and trained and all that.
[01:12:53.620 --> 01:13:04.620]  Yeah, and they're supposed to send a certain amount of all of the fees they collect, I think it's to the Department of Public Safety, but they were complaining that they weren't receiving any of it.
[01:13:04.620 --> 01:13:06.620]  So, where's that money going?
[01:13:06.620 --> 01:13:17.620]  Well, they have to have an MOU, Memorandum of Understanding, has to be in place between that enforcing entity, some municipal police department or whatever.
[01:13:17.620 --> 01:13:28.620]  They have to make a deal with the DPS and says, here's our plan and they have it all signed and everything in advance and DPS is supposed to have a copy of that.
[01:13:28.620 --> 01:13:34.620]  Yeah, and that's what they were saying, that they had those, but they weren't paying.
[01:13:34.620 --> 01:13:36.620]  So, where's that money go?
[01:13:36.620 --> 01:13:37.620]  Yeah.
[01:13:37.620 --> 01:13:38.620]  Whose pocket is it in?
[01:13:38.620 --> 01:13:48.620]  So, you asked Clark to tell you what his fines are and they're different than what the, wait a minute, who did you ask to tell you?
[01:13:48.620 --> 01:13:49.620]  I didn't.
[01:13:49.620 --> 01:14:04.620]  I sent, it's just so the peace, so I had a ticket from a sheriff's deputy, county sheriff's deputy, and then the other citation was from DPS. They rolled them into one trial.
[01:14:04.620 --> 01:14:18.620]  And they charged me the exact same, once I got the public informational request back, the exact same court costs three times.
[01:14:18.620 --> 01:14:39.620]  My understanding, if they can't do that, after reading, hold on, I got it right here, 102.073, in a single action in which a defendant is convicted of two or more offenses or multiple counts of the same offense,
[01:14:39.620 --> 01:14:56.620]  the court may assess each court cost or fee only once. Two of them are speeding, one was failure to display driver's license. I was charged three times.
[01:14:56.620 --> 01:15:00.620]  Okay, where does that money go?
[01:15:00.620 --> 01:15:04.620]  You really want to track that money?
[01:15:04.620 --> 01:15:33.620]  Okay, I'm the JP and I collect this three times and send it to the state. The state almost certainly has protocols. Brett, you work in this area, what kind of protocols do you put in a system to ensure the integrity of the system?
[01:15:33.620 --> 01:15:49.620]  I don't know if that's something that I would work on. I'm not sure. Are you saying the way they would have designed the system to properly do validation of the data?
[01:15:49.620 --> 01:15:59.620]  Whoever designed the system designed it based on existing law, so they had to design the system so it comported with existing law.
[01:15:59.620 --> 01:16:15.620]  And the system has to know that there's three court dates, three citations at the same exact time in the same court, so that's one court, and it has to know they can only collect one time.
[01:16:15.620 --> 01:16:30.620]  So is the JP sending three sets of court costs to the DPS or to the state general fund, or is he charging three times and sending one?
[01:16:30.620 --> 01:16:49.620]  Yeah, to me that's the kind of logic issue that a programmer may not think about. You as a human can look at that and immediately it makes sense to you that nobody can have three court cases and have three charges when they were all at 1.30 p.m.
[01:16:49.620 --> 01:17:00.620]  It doesn't make sense. But the computer has to be told that, so sometimes programmers don't think of all of the weird edge cases. That's why you...
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[01:20:51.620 --> 01:21:01.620]  Okay.
[01:21:21.620 --> 01:21:50.620]  Now, they would have to because if they get three charges, they get three rulings. The computer is going to assume there were three different hearings.
[01:21:50.620 --> 01:21:53.620]  The computer is not smart.
[01:21:53.620 --> 01:22:00.620]  No, but the accounting guys are going to have to have this to where it can do error correction.
[01:22:00.620 --> 01:22:02.620]  Absolutely.
[01:22:02.620 --> 01:22:10.620]  It might correct for a lot of errors and there might be one situation that hasn't been thought of.
[01:22:10.620 --> 01:22:25.620]  This is pretty big because if you got three charges all the same time and the court is only supposed to charge one time and they do that, then the computer gets it and it gets three charges.
[01:22:25.620 --> 01:22:30.620]  It can't look for three court cost charges.
[01:22:30.620 --> 01:22:38.620]  If you don't find three, then it has to know why. Otherwise, it's going to throw up an error.
[01:22:38.620 --> 01:22:56.620]  The reason I'm saying this is, if the judge is charging three times, if the computer knows that if there are three hearings on the same issue the same day, we only get one court cost,
[01:22:56.620 --> 01:23:05.620]  then it should also know if there are three hearings in the same day on the same issue, we should not get three court costs.
[01:23:05.620 --> 01:23:12.620]  That should also throw up an error. Otherwise, it wouldn't be able to audit.
[01:23:12.620 --> 01:23:27.620]  Regardless of whether or not they've provided for catching a certain kind of error or error correction, regardless of whether their code coverage is complete, let's say, there's still a big question mark.
[01:23:27.620 --> 01:23:32.620]  In James's case, how did the number change?
[01:23:32.620 --> 01:23:39.620]  It came out with a number, dollars and cents. Why did it change? Who changed it?
[01:23:39.620 --> 01:23:49.620]  That was part of the issue. I'm betting, I would say, that the state has their system working right.
[01:23:49.620 --> 01:24:04.620]  The JP is the one that's likely to be scamming the system. He gives what he sends to the state. He sends the state what they expect to see.
[01:24:04.620 --> 01:24:22.620]  If he sends it to the state as if there were three separate hearings, one hearing with three different charges that arise out of one issue, then he only sends them one court cost.
[01:24:22.620 --> 01:24:27.620]  Where did the other two court costs go?
[01:24:27.620 --> 01:24:38.620]  If it's easy to steal, they will steal. The ones who steal the most are JP's. James, I would want to look more closely.
[01:24:38.620 --> 01:24:46.620]  I'm going to. I just wanted to talk with you guys and see what you recommended about how I go about looking into this.
[01:24:46.620 --> 01:24:58.620]  One of the highest court costs, and I can't find it anywhere in the Code of Criminal Procedure, is just called consolidated court costs, $40.
[01:24:58.620 --> 01:25:01.620]  That's in there. I've seen that.
[01:25:01.620 --> 01:25:02.620]  Consolidated?
[01:25:02.620 --> 01:25:09.620]  As a matter of fact, I looked again today and I didn't run across it. I may have just overlooked it.
[01:25:09.620 --> 01:25:17.620]  Well, it also might be in government code or local government code. Sometimes you'll see some fees popping in from some different places like that.
[01:25:17.620 --> 01:25:19.620]  Okay.
[01:25:19.620 --> 01:25:26.620]  I need to do a Google search for consolidated court costs and see what I come up with.
[01:25:26.620 --> 01:25:45.620]  Have you seen? Okay. Consolidated court cost Texas. Consolidated court costs, local government code 133.102.
[01:25:45.620 --> 01:25:57.620]  And 102.0212, which includes deferred adjudication and deferred disposition.
[01:25:57.620 --> 01:26:04.620]  You might look that up. I knew I had seen that. I just didn't remember where.
[01:26:04.620 --> 01:26:10.620]  Yeah, but you're getting numbers that don't jive.
[01:26:10.620 --> 01:26:14.620]  Now, money's where they screw up the worst.
[01:26:14.620 --> 01:26:24.620]  Well, all of the others I found that matched up with, you know, the total criminal procedure, they all matched up.
[01:26:24.620 --> 01:26:33.620]  I just couldn't locate that one. But if it's local government code, I wasn't looking there. That's probably why I didn't find it.
[01:26:33.620 --> 01:26:41.620]  Okay. Try that out. But anytime I can't get numbers to match up, that's a red flag.
[01:26:41.620 --> 01:26:44.620]  Randy, would you say fine?
[01:26:44.620 --> 01:26:56.620]  I'm sorry. Would you say this is a good moment for him to introduce that you had a judicial disclosure request where they're supposed to show all their finances, their property?
[01:26:56.620 --> 01:27:01.620]  Would this be a good time to introduce that?
[01:27:01.620 --> 01:27:17.620]  Yes, James, if you will send me a email asking for my judicial disclosure motion, I will send that to you.
[01:27:17.620 --> 01:27:26.620]  That's likely to give a map of Plexi. It essentially asks for a complete financial statement on the judge.
[01:27:26.620 --> 01:27:31.620]  Okay. And if he's crooked, he's not going to want to give it.
[01:27:31.620 --> 01:27:41.620]  Well, and you might want to hold off on that because that will throw up a red flag. That'll tell him you're looking behind the curtain.
[01:27:41.620 --> 01:27:46.620]  You might not want to do that until you got the judge dead bang.
[01:27:46.620 --> 01:28:03.620]  The thing about this, James, is if you can find that the court is shaving funds, then you can sue the court in the capacity of a private attorney general suit.
[01:28:03.620 --> 01:28:12.620]  Now, there are a lot of guys out there in the legal reform community that say you can become a private attorney general. That's horse manure.
[01:28:12.620 --> 01:28:21.620]  But there is a type of suit that the courts call a private attorney general suit.
[01:28:21.620 --> 01:28:35.620]  And that's a suit where you sue in your own behalf and in behalf of those similarly situated where they say they steal out of three court costs, two of them are bogus.
[01:28:35.620 --> 01:28:38.620]  They steal 200 bucks from you.
[01:28:38.620 --> 01:28:43.620]  That's not enough to file a suit against. That's a small amount.
[01:28:43.620 --> 01:28:54.620]  But if you can find this is a recurring pattern, then you can sue for all of the monies they've collected improperly from everybody and you get to keep it.
[01:28:54.620 --> 01:29:01.620]  So that makes it profitable for you to sue to correct to write this wrong.
[01:29:01.620 --> 01:29:09.620]  So if you're seeing the numbers that don't match, it's worth a little closer look to see if maybe there's a pattern here.
[01:29:09.620 --> 01:29:19.620]  And that's kind of what I wanted to do. This JP has sat the bench for a couple of decades.
[01:29:19.620 --> 01:29:29.620]  And I was wanting to do another public information request and find out how much money he's brought in court costs since he sat the bench.
[01:29:29.620 --> 01:29:34.620]  Don't don't. Hold on. Don't ask him.
[01:29:34.620 --> 01:29:36.620]  Go to the.
[01:29:36.620 --> 01:29:38.620]  Oh, what's the name of it?
[01:29:38.620 --> 01:29:45.620]  The court, the Office of Court Administration.
[01:29:45.620 --> 01:29:51.620]  And ask them.
[01:29:51.620 --> 01:29:53.620]  Hang on.
[01:29:53.620 --> 01:30:03.620]  You're right back.
[01:30:03.620 --> 01:30:09.620]  Since 911, our government has used invasive measures like warrantless phone taps to keep us safe from terrorists.
[01:30:09.620 --> 01:30:13.620]  But too much government surveillance could actually put us at greater risk.
[01:30:13.620 --> 01:30:18.620]  I'm Dr. Catherine Albrecht and I'll be back with the unsettling truth in just a moment.
[01:30:18.620 --> 01:30:23.620]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:23.620 --> 01:30:28.620]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.620 --> 01:30:33.620]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:33.620 --> 01:30:36.620]  Privacy, it's worth hanging on to.
[01:30:36.620 --> 01:30:43.620]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:43.620 --> 01:30:47.620]  Start over with StartPage.
[01:30:47.620 --> 01:30:50.620]  Our greatest threat isn't terrorists, it's government.
[01:30:50.620 --> 01:30:56.620]  According to political science professor RJ Rummel, 20th century governments murdered nearly 300 million of their own citizens,
[01:30:56.620 --> 01:31:03.620]  six times more than all the centuries war is combined, and governments that kill have one thing in common, too much power.
[01:31:03.620 --> 01:31:09.620]  Surveillance is government power, and historically governments have used surveillance to protect themselves rather than citizens.
[01:31:09.620 --> 01:31:13.620]  If you think such abuse couldn't happen in the U.S., just look back to Watergate.
[01:31:13.620 --> 01:31:17.620]  Join me in opposing the Patriot Act and let's return to the best protection,
[01:31:17.620 --> 01:31:22.620]  a federal government with limited powers in accordance with the U.S. Constitution.
[01:31:22.620 --> 01:31:30.620]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.620 --> 01:31:36.620]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.620 --> 01:31:38.620]  The government says that fire brought it down.
[01:31:38.620 --> 01:31:43.620]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.620 --> 01:31:46.620]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.620 --> 01:31:49.620]  And thousands of my fellow first responders are dying.
[01:31:49.620 --> 01:31:50.620]  I'm not a conspiracy theorist.
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[01:32:10.620 --> 01:32:13.620]  then we're going to have to stand and defend our own rights.
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[01:33:33.620 --> 01:33:34.620]  Okay, we are back.
[01:33:34.620 --> 01:33:38.620]  Randy Kelton, Bretts Fountain, Rule of Law Radio.
[01:33:38.620 --> 01:33:46.620]  On this Friday, the 14th day of February, 2020 Valentine's Day.
[01:33:46.620 --> 01:33:50.620]  If you didn't buy your wife something for Valentine's Day,
[01:33:50.620 --> 01:33:54.620]  you are dirt, you're scum.
[01:33:54.620 --> 01:34:00.620]  I did, but I was at the bank and they told me it was Valentine's Day.
[01:34:00.620 --> 01:34:02.620]  I forgot.
[01:34:02.620 --> 01:34:07.620]  I forgot our 30th anniversary.
[01:34:07.620 --> 01:34:13.620]  How do you expect somebody to remember something that happened that long ago?
[01:34:13.620 --> 01:34:19.620]  She does not understand it. She's been mad about that for 20 years.
[01:34:19.620 --> 01:34:24.620]  Okay, James, where were we?
[01:34:24.620 --> 01:34:32.620]  I was thinking, you know, get ready to send the public information request about the court costs.
[01:34:32.620 --> 01:34:34.620]  Who to send it to.
[01:34:34.620 --> 01:34:43.620]  Also, I thought maybe I don't want to do that myself, get Bret or somebody to do it.
[01:34:43.620 --> 01:34:47.620]  That's a good idea.
[01:34:47.620 --> 01:34:55.620]  And I just went and talked on the phone and through text a few times and I've just been kind of waiting until I could call in again.
[01:34:55.620 --> 01:35:02.620]  But that way, you know, they're wondering why is this guy even asking for this stuff?
[01:35:02.620 --> 01:35:04.620]  You know.
[01:35:04.620 --> 01:35:23.620]  When I asked, when I filed information requests, I tried to craft them in such a way that whoever receives the request will wonder why is he asking for this information this way?
[01:35:23.620 --> 01:35:31.620]  Because the one thing I really want them to do is ask me.
[01:35:31.620 --> 01:35:43.620]  Because when they ask me why, 911, there are two questions they can ask me.
[01:35:43.620 --> 01:35:48.620]  Who are you and what records do you seek?
[01:35:48.620 --> 01:35:52.620]  They can ask no more questions.
[01:35:52.620 --> 01:36:01.620]  They also are, you don't, you are not required to tell them who you are. You can still be an anonymous requester even though they are not going to like it.
[01:36:01.620 --> 01:36:13.620]  Because they tend to think that if they're allowed to, if they're, if that's something they're allowed to ask, then well, you must be required to answer even though that's not the case.
[01:36:13.620 --> 01:36:16.620]  Yeah.
[01:36:16.620 --> 01:36:28.620]  I just thought that was kind of interesting that all the fine amounts have changed as well as the court cost amounts have changed.
[01:36:28.620 --> 01:36:36.620]  Depending on the fights you want to have, that's the kind of thing I really like to look into because it really makes them crazy.
[01:36:36.620 --> 01:36:40.620]  Especially if it's for a dollar.
[01:36:40.620 --> 01:36:56.620]  Exactly. And the last time we had spoken, I thought I might have had a warrant for my arrest with the Lufkin Municipal Court over another ticket and took me almost a week to find out.
[01:36:56.620 --> 01:37:11.620]  I talked to the Lufkin Court. I have received nothing from the court where this judge has recused herself, but apparently she did. I filed a disqualification.
[01:37:11.620 --> 01:37:26.620]  I've received nothing. All of a sudden I get a notice from the administrative judge that he's assigned the municipal court judge from Huntington here at the case.
[01:37:26.620 --> 01:37:34.620]  And in the meantime, I thought I'd missed a court date, but it got canceled. And call the Lufkin Court. They tell me, no, you've got to call and talk to them.
[01:37:34.620 --> 01:37:44.620]  Call Huntington, they're going, we have nothing to do with this. We don't have five. It took me almost a week. And it turns out that this court just dropped the ball.
[01:37:44.620 --> 01:37:50.620]  I had still heard nothing from them, and that's been since November.
[01:37:50.620 --> 01:37:54.620]  File a motion to dismiss too old to prosecute.
[01:37:54.620 --> 01:38:15.620]  That's my next thing, but I just thought it was interesting. I've still got the one with in a city of Nacodos. It originally started before Eddie's favorite judge on the planet, Judge Bringer.
[01:38:15.620 --> 01:38:25.620]  And she has since retired, but when I disqualified her, she has signed her associate judge to hear it.
[01:38:25.620 --> 01:38:32.620]  And when I called and talked to the head administrative judge's assistant, she went, wait, do what?
[01:38:32.620 --> 01:38:48.620]  No, no, no. I'm the one that has signed a judge to hear that, not the judge herself. And so I don't know if that had anything with her, you know, with her retiring or whatever.
[01:38:48.620 --> 01:39:01.620]  But anyway, I got called in, and this may have been in October too. I've got two dismissal motions I need to type up.
[01:39:01.620 --> 01:39:18.620]  The new judge, Judge Dewberry, and the first time when she heard that motion that day, just as abrupt and ugly as Judge Bringer was.
[01:39:18.620 --> 01:39:33.620]  The attorney called a status conference or whatever, so I left work and went up there for it. Her attitude was 180 degrees different.
[01:39:33.620 --> 01:39:49.620]  She was deferential to me and polite. And I told her, I said, you know, I really don't understand why we're still here. I've got the evidence showing that this officer that wrote this ticket, it was a city, you know, municipal officer,
[01:39:49.620 --> 01:40:05.620]  is not authorized to enforce the code. So why am I still here? Why has this not been dismissed? And she said, well, type up a motion for dismissal and get it to me. And I just, I started to do it that day and I went, you know what, I'm going to wait a little while
[01:40:05.620 --> 01:40:19.620]  and just see what the heck happens with this. Hadn't heard a peep out of them either. But I will get one typed up and sit in because I've got the public asking for a question.
[01:40:19.620 --> 01:40:25.620]  Have you went to trafficticket.website and downloaded the documents?
[01:40:25.620 --> 01:40:34.620]  Oh, yes, sir. That's where a lot of my motions is coming from and some from Eddie's seminar too.
[01:40:34.620 --> 01:40:44.620]  Okay, because that has that specific argument detailed in one of the subject matter jurisdiction challenge.
[01:40:44.620 --> 01:40:51.620]  Yes, and that one was the first one, one of the first ones filed.
[01:40:51.620 --> 01:40:56.620]  Good. Okay. Anything else for you, James?
[01:40:56.620 --> 01:41:10.620]  Yes, sir. That's it tonight. I'll probably be getting in touch with Brett sometime next week. I've got that court over in Louisiana for those supportive cousin of mine.
[01:41:10.620 --> 01:41:18.620]  Eddie's elder brother's trying to take everything away from him. So hopefully we're going to end up getting a property.
[01:41:18.620 --> 01:41:25.620]  And I'm hoping this is the last, this has been two and a half years going on. I'm hoping this is the last hearing.
[01:41:25.620 --> 01:41:35.620]  Be careful in Louisiana. It's a different world. I don't think it's part of the United States. It's a different country.
[01:41:35.620 --> 01:41:41.620]  Yeah, I was born in Baton Rouge, so I know what that's like.
[01:41:41.620 --> 01:41:46.620]  Baton Rouge, are you a Kunash or a Redbone?
[01:41:46.620 --> 01:41:50.620]  I am a Puerto Rican Kunash.
[01:41:50.620 --> 01:41:55.620]  Oh, cool.
[01:41:55.620 --> 01:42:02.620]  We had a very rare break. My grandfather was from Puerto Rico. He went to medical school in New Orleans where he met my grandmother.
[01:42:02.620 --> 01:42:12.620]  My aunt and uncle were both older than my dad. They both speak fluent Spanish. My dad was just a couple of weeks old when they moved back to...
[01:42:12.620 --> 01:42:21.620]  My grandfather got tuberculosis and knew he was going to die. My grandmother and the family went back to where she'd had family around to help her.
[01:42:21.620 --> 01:42:24.620]  So my dad didn't speak to his family.
[01:42:24.620 --> 01:42:26.620]  You'll fit in real good down there.
[01:42:26.620 --> 01:42:27.620]  Yeah.
[01:42:27.620 --> 01:42:36.620]  Okay. Thank you, James. Now we're going to go to Tina in California. Hello, Tina.
[01:42:36.620 --> 01:42:39.620]  Hello, Randy. How are you?
[01:42:39.620 --> 01:42:43.620]  I am good. What do you have for us today?
[01:42:43.620 --> 01:42:51.620]  Well, a couple of things. One, I've got an update on something regarding that California tuberculosis thing.
[01:42:51.620 --> 01:43:06.620]  But you have been talking tonight about something that is very interesting and goes with what I've been facing regarding when an attorney says something
[01:43:06.620 --> 01:43:11.620]  and then they go against it and they can't change their mind.
[01:43:11.620 --> 01:43:25.620]  Well, remember I have that in my declaratory judgment for the note where the attorney promised in writing to send it and now refuses to.
[01:43:25.620 --> 01:43:38.620]  Now, I'm... Okay. Okay. We were talking about collateral estoppel. That goes to promissory estoppel.
[01:43:38.620 --> 01:43:40.620]  Yes.
[01:43:40.620 --> 01:43:48.620]  So you can certainly raise that, but you'll have to raise that after our intermission.
[01:43:48.620 --> 01:43:58.620]  I'll tell you what, we'll be right back.
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[01:46:27.620 --> 01:46:33.620]  Okay, we are back.
[01:46:33.620 --> 01:46:42.620]  Randy Kelton, Brett Fountain, rule of our radio on this, the 14th day of February, 2020.
[01:46:42.620 --> 01:46:48.620]  Our Friday four-hour info marathon, and we're talking to Tina in California.
[01:46:48.620 --> 01:46:56.620]  Okay, Tina, where were we? We were talking about promissory estoppel.
[01:46:56.620 --> 01:47:07.620]  Yeah, so in my declaratory judgment, when I go before the court next week, and I say everything else is irrelevant, you know, we have one question before the court.
[01:47:07.620 --> 01:47:20.620]  Hello at the end of the day on the California Civil Code of Procedure 643, this attorney has stopped from changing his mind. He promised something. He cannot change his mind on doing...
[01:47:20.620 --> 01:47:25.620]  Okay, hold on, hold on. Don't bring that up. That's a different issue.
[01:47:25.620 --> 01:47:27.620]  Different issue.
[01:47:27.620 --> 01:47:30.620]  Yeah, this is a declaratory judgment.
[01:47:30.620 --> 01:47:43.620]  You're asking the court to declare the rights of the parties, and you're asking the court to render a ruling based on the meaning of a statute.
[01:47:43.620 --> 01:47:44.620]  Okay.
[01:47:44.620 --> 01:48:03.620]  Whether there's promissory estoppel or not, that's a separate issue. It could have filed a declaratory judgment based on promissory estoppel, but promissory estoppel would be less definitive than the clear verbiage of a statute.
[01:48:03.620 --> 01:48:08.620]  So how do I go after him for promising something twice in writing?
[01:48:08.620 --> 01:48:09.620]  You don't.
[01:48:09.620 --> 01:48:15.620]  That's the short answer. In this hearing, you don't.
[01:48:15.620 --> 01:48:21.620]  No, in this hearing, but can I go after him in some other way for promising something?
[01:48:21.620 --> 01:48:24.620]  Sure, you can sue him.
[01:48:24.620 --> 01:48:26.620]  Can I sue him?
[01:48:26.620 --> 01:48:33.620]  Promissory... breach of promissory... breach of promise is a tort.
[01:48:33.620 --> 01:48:36.620]  He might get a bar grievance, too.
[01:48:36.620 --> 01:48:39.620]  Oh, that's worse.
[01:48:39.620 --> 01:48:42.620]  She's in the supreme on the bar grievance.
[01:48:42.620 --> 01:48:43.620]  Yeah.
[01:48:43.620 --> 01:48:58.620]  The supreme doesn't get the state court doesn't care because they say I'm not even allowed to see his response because it's secret.
[01:48:58.620 --> 01:49:11.620]  In California, if you bar grieve an attorney and they provide a written response, you are not allowed to see that written response.
[01:49:11.620 --> 01:49:14.620]  So no rebuttal.
[01:49:14.620 --> 01:49:23.620]  No rebuttal. So they can lie out their back teeth about you and you have no idea what they say, and I'm pretty sure I know what he's saying to them.
[01:49:23.620 --> 01:49:38.620]  So she's just disgruntled and she's, you know, harassing us because she lost her property to closure and we didn't do anything wrong and she's just nasty little woman who keeps harassing us.
[01:49:38.620 --> 01:49:41.620]  That's pretty much what they're saying.
[01:49:41.620 --> 01:49:45.620]  So I'm just going to keep being a nasty little woman and going after them.
[01:49:45.620 --> 01:49:47.620]  I mean, Tina, I think you've called me.
[01:49:47.620 --> 01:49:55.620]  Okay, and it's not that that's not true. It's just irrelevant.
[01:49:55.620 --> 01:49:58.620]  But yes, you can sue him for breach promise.
[01:49:58.620 --> 01:50:00.620]  It's your promise. Okay.
[01:50:00.620 --> 01:50:04.620]  And where do you sue him in federal?
[01:50:04.620 --> 01:50:06.620]  Civil court.
[01:50:06.620 --> 01:50:08.620]  State court.
[01:50:08.620 --> 01:50:14.620]  State court. Okay, I can do that right here and come to breach of promise. You promise this is something you fail to do it.
[01:50:14.620 --> 01:50:26.620]  Okay. Now, the second thing you were talking about, which was very interesting is the discovery docs and the, what is it you called it?
[01:50:26.620 --> 01:50:27.620]  Admission.
[01:50:27.620 --> 01:50:28.620]  Admission.
[01:50:28.620 --> 01:50:29.620]  Arrogatories.
[01:50:29.620 --> 01:50:46.620]  When, you know, and can you go after attorneys that completely lie and said everything is, you know, indescribable all these, you know, usual phrases they say to avoid answering the questions.
[01:50:46.620 --> 01:50:58.620]  And if they actually put it themselves by saying stating a falsehood, let's say, for instance, in my case, one of them said the property has declined in value.
[01:50:58.620 --> 01:51:00.620]  No, it hadn't.
[01:51:00.620 --> 01:51:03.620]  Clearly, provable, it hadn't.
[01:51:03.620 --> 01:51:16.620]  And there was a few other things that he clearly lied about that the bank was having to pay all the expenses of the insurance and taxes and everything.
[01:51:16.620 --> 01:51:18.620]  No, they weren't because I was paying them.
[01:51:18.620 --> 01:51:22.620]  So that's a clear courgette statement.
[01:51:22.620 --> 01:51:30.620]  Yeah, but hold on, here's the, here's the problem.
[01:51:30.620 --> 01:51:39.620]  Any time you make an act, make a claim, the judge is going to say, okay, he lied about that. So what?
[01:51:39.620 --> 01:51:43.620]  But so what? I mean, how is it relevant?
[01:51:43.620 --> 01:51:48.620]  You have to show that it harmed or that it prejudiced in some way.
[01:51:48.620 --> 01:51:50.620]  Is that what you're saying?
[01:51:50.620 --> 01:51:59.620]  You have to, when you commit perjury, you commit perjury by lying about a material fact.
[01:51:59.620 --> 01:52:09.620]  You could say that the lawyer weighs 360 pounds and wears his mother's underwear.
[01:52:09.620 --> 01:52:12.620]  And that could not be true.
[01:52:12.620 --> 01:52:16.620]  But I don't make any difference.
[01:52:16.620 --> 01:52:23.620]  Who's paying for what fees? That doesn't make any difference unless the fees are an issue.
[01:52:23.620 --> 01:52:26.620]  The value of the property.
[01:52:26.620 --> 01:52:31.620]  If the value of the property is an issue, then it's a material fact.
[01:52:31.620 --> 01:52:36.620]  But if the value of the property, the current value of the property is not an issue, it's irrelevant.
[01:52:36.620 --> 01:52:38.620]  So it's not aggravated perjury.
[01:52:38.620 --> 01:52:42.620]  It's not perjury at all.
[01:52:42.620 --> 01:52:47.620]  I believe it was relevant because of what they were trying to claim.
[01:52:47.620 --> 01:52:54.620]  And what they were saying, that the bank would, as already incurred fees and would incur even more fees,
[01:52:54.620 --> 01:53:06.620]  if this case were to go on, because they would have more insurance and taxes to pay, which were already paid.
[01:53:06.620 --> 01:53:13.620]  So they were claiming to the judge that they would have all these extra fees because I wasn't paying them when I asked for it.
[01:53:13.620 --> 01:53:14.620]  Okay.
[01:53:14.620 --> 01:53:26.620]  And how did the current value of the property factor into a claim against you?
[01:53:26.620 --> 01:53:39.620]  Because they claimed in their notice of trustee sale that I owed $355,740.43.
[01:53:39.620 --> 01:53:40.620]  Okay.
[01:53:40.620 --> 01:53:47.620]  What did that have to do with the current value of the property?
[01:53:47.620 --> 01:53:55.620]  Because if they claim that that's the total amount due and owing, okay?
[01:53:55.620 --> 01:54:00.620]  That is, that's what it said in a recorded public document.
[01:54:00.620 --> 01:54:01.620]  This is the total amount.
[01:54:01.620 --> 01:54:02.620]  Okay.
[01:54:02.620 --> 01:54:03.620]  So what?
[01:54:03.620 --> 01:54:04.620]  So what?
[01:54:04.620 --> 01:54:06.620]  Because it's incorrect.
[01:54:06.620 --> 01:54:07.620]  And if it's not correct.
[01:54:07.620 --> 01:54:08.620]  Yeah.
[01:54:08.620 --> 01:54:09.620]  So what?
[01:54:09.620 --> 01:54:10.620]  So what?
[01:54:10.620 --> 01:54:13.620]  What I'm asking is, so what?
[01:54:13.620 --> 01:54:15.620]  How does that harm you?
[01:54:15.620 --> 01:54:20.620]  It harms me because they refused offer, a full price offer.
[01:54:20.620 --> 01:54:26.620]  And then they claimed I owed $125,000 more, three months after that.
[01:54:26.620 --> 01:54:28.620]  That's a harm.
[01:54:28.620 --> 01:54:29.620]  No.
[01:54:29.620 --> 01:54:40.620]  Still, how does the fact that they misstated the current value of the property affect these other numbers?
[01:54:40.620 --> 01:54:41.620]  Okay.
[01:54:41.620 --> 01:54:49.620]  The reason I'm saying that, the only way I can see that that would make, that would be an issue would be based on the amount.
[01:54:49.620 --> 01:54:51.620]  They sold the property for.
[01:54:51.620 --> 01:55:06.620]  But if they sold the property at a proper auction, then the only thing that matters is what the property actually sold for, not what they claimed the property was worth.
[01:55:06.620 --> 01:55:21.620]  The property sold for more than what they said the value, they said the value was declining, the property sold for far more than what they said, but still far less than what the true value was.
[01:55:21.620 --> 01:55:22.620]  Okay.
[01:55:22.620 --> 01:55:31.620]  Now, admitted in court by the people who bought it, they said we bought the property way under value.
[01:55:31.620 --> 01:55:36.620]  And that's the whole point of them stealing your property.
[01:55:36.620 --> 01:55:48.620]  But it's sometimes hard when you're in the middle of one of these fights to separate what's relevant from what's not relevant.
[01:55:48.620 --> 01:55:49.620]  What is relevant?
[01:55:49.620 --> 01:55:50.620]  And.
[01:55:50.620 --> 01:55:51.620]  They annoyed.
[01:55:51.620 --> 01:55:52.620]  Yep.
[01:55:52.620 --> 01:55:57.620]  They would do everything they can to send you down rabbit holes.
[01:55:57.620 --> 01:56:04.620]  And the fact that they misquoted the current value of the property is rabbit hole.
[01:56:04.620 --> 01:56:10.620]  The only thing that matters is what the BOP of the property is.
[01:56:10.620 --> 01:56:21.620]  What a licensed real estate agent would value the property at and the value at which they sold the property.
[01:56:21.620 --> 01:56:23.620]  Those are the only two numbers that matter.
[01:56:23.620 --> 01:56:25.620]  Did you say BOP?
[01:56:25.620 --> 01:56:26.620]  Yeah.
[01:56:26.620 --> 01:56:28.620]  Too many acronyms.
[01:56:28.620 --> 01:56:29.620]  Yeah, I know.
[01:56:29.620 --> 01:56:47.620]  I was trying to remember what that says, but a BOP, that's the current fair market value as determined by a certified real estate agent or broker.
[01:56:47.620 --> 01:56:50.620]  That's the number.
[01:56:50.620 --> 01:56:55.620]  Go ahead, Tina.
[01:56:55.620 --> 01:57:13.620]  Tina, the thing is when you get into these cases, you get frustrated, you get angry, you feel put upon and betrayed, and you tend to lock on to every issue you can.
[01:57:13.620 --> 01:57:19.620]  We need to be very careful about the arguments that we get into.
[01:57:19.620 --> 01:57:27.620]  These guys would love for you to get into this argument about them stating the value of the property.
[01:57:27.620 --> 01:57:37.620]  You can argue that all day long and they'll argue back with you and be tickled pink because your argument issues, it doesn't matter at the end of the day.
[01:57:37.620 --> 01:57:41.620]  You can only lose that issue.
[01:57:41.620 --> 01:58:04.620]  I understand that and I'm not going to bring it up in the declaratory judgment, but what I keep asking and the court will not answer is how, you know, a bank or Tony can put in a notice of trustee sales with an amount that they state is the total amount due annoying.
[01:58:04.620 --> 01:58:13.620]  And they refuse a full price offer based on that amount they state is due annoying. They do not correct that notice of trustee sale.
[01:58:13.620 --> 01:58:26.620]  And then three months later they say I owe $125,000 more in a statement which is signed. How does that work?
[01:58:26.620 --> 01:58:31.620]  It works because they are corrupt. You're in California.
[01:58:31.620 --> 01:58:35.620]  Well, that's been coming for you.
[01:58:35.620 --> 01:58:50.620]  It's in order to take these on, we have to take them on one at a time. The problem is, is you're in California.
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