ROL_2020-02-27_16k.timecode
[00:00.000 --> 00:07.000] The following news flash is brought to you by The Low Star Lowdown.
[00:07.000 --> 00:14.000] Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:14.000 --> 00:22.000] silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:22.000 --> 00:29.960] $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.960 --> 00:45.960] $227.26, XRP Ripple $0.33, Whitecoin $100.31, and Bitcoin Cash $324.10 a crypto coin.
[00:45.960 --> 00:52.680] In history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[00:52.680 --> 00:58.000] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:58.000 --> 01:05.000] the 10 and injuring 40 today in history.
[01:05.000 --> 01:10.000] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing heaven to
[01:10.000 --> 01:14.000] Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.000 --> 01:19.000] San Antonio, have been dropping marijuana possession charges and even refusing to file new ones,
[01:19.000 --> 01:23.000] since they are stipulating that they do not have the time or the laboratory equipment to
[01:23.000 --> 01:28.000] test the herb for THC. Margaret Moore, the Travis County District Attorney, announced
[01:28.000 --> 01:32.000] earlier this month that she was dismissing 32 felony possession and delivery of marijuana
[01:32.000 --> 01:34.000] cases because of the law.
[01:34.000 --> 01:38.000] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:38.000 --> 01:42.320] to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.320 --> 01:48.480] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.480 --> 01:54.480] well as other cities, too, like the District Attorney and El Paso. Kymah Esparza, a Democrat,
[01:54.480 --> 01:59.480] who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.480 --> 02:02.480] prosecution of marijuana cases in El Paso.
[02:02.480 --> 02:06.480] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.480 --> 02:11.480] in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:11.480 --> 02:15.480] something illegal based on its chemical makeup. It's important that if someone is charged
[02:15.480 --> 02:22.480] with something, the test matches what they're charged with.
[02:22.480 --> 02:28.480] A paper by Tulane University identified a 5.5-inch American pocket shark. As the first of its
[02:28.480 --> 02:33.480] kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[02:33.480 --> 02:39.480] or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[02:39.480 --> 02:44.480] According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.480 --> 02:51.480] the front fins for the purpose it is hypothesized to lure and prey may be drawn into the glow.
[03:14.480 --> 03:21.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[03:44.480 --> 03:54.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[03:54.480 --> 04:04.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:04.480 --> 04:14.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:14.480 --> 04:24.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:24.480 --> 04:34.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:34.480 --> 04:44.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:44.480 --> 04:54.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[04:54.480 --> 05:04.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[05:04.480 --> 05:14.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[05:14.480 --> 05:26.480] A paper by Tulane University identified a 5.5-inch American pocket shark.
[05:26.480 --> 05:35.000] One calls in, he's got a great story about lawyers and Brett's got a story about a lawyer.
[05:35.000 --> 05:36.800] What was the deal with it?
[05:36.800 --> 05:43.200] He was texting me before the show and this lawyer was too important to talk to you?
[05:43.200 --> 05:45.200] You came in?
[05:45.200 --> 05:47.920] Well, it wasn't to me.
[05:47.920 --> 05:56.440] A friend of mine, this issue down in Brassus County, he got a court appointment.
[05:56.440 --> 06:06.640] He appointed attorney because the judge impaired contractual obligations, let's say, when he
[06:06.640 --> 06:11.640] honored a motion to withdraw in spite of a very strong objection to that withdrawal.
[06:11.640 --> 06:17.320] The judge let that paid lawyer run free.
[06:17.320 --> 06:25.080] And then the judge tried to get my friend to hawk his house.
[06:25.080 --> 06:31.320] He has a small hand built home and basically put his family on the street so that he can
[06:31.320 --> 06:34.600] pay a lawyer.
[06:34.600 --> 06:38.520] When my friend said he went and tried to do that and they wouldn't give it to it, nobody
[06:38.520 --> 06:41.080] would give him a loan.
[06:41.080 --> 06:45.320] He went back to the judge and said, sorry, judge, I took your words to heart, I tried
[06:45.320 --> 06:51.120] to do what you said, but nobody will loan me a dollar.
[06:51.120 --> 06:57.000] And the judge rolled his eyes and asked me, I'm sorry?
[06:57.000 --> 06:58.000] I didn't say anything.
[06:58.000 --> 06:59.000] Go ahead.
[06:59.000 --> 07:04.160] So the judge rolled his eyes and he asked a lady there next to him, who do we have
[07:04.160 --> 07:06.840] on the attorney wheel?
[07:06.840 --> 07:11.880] And she rattled off four names and the judge picked one and said, give him that guy.
[07:11.880 --> 07:24.280] So this guy got assigned specifically by name by the judge as the court appointed a counsel.
[07:24.280 --> 07:30.800] And my friend has had very poor response from this guy.
[07:30.800 --> 07:38.320] Every time he calls, the lawyer doesn't call back or he's busy or he just stepped out of
[07:38.320 --> 07:44.800] the office, he'll have to get back to you, and when he does get to talk to him, he says,
[07:44.800 --> 07:48.920] oh yeah, I haven't had a chance to take a look at your situation yet, your case.
[07:48.920 --> 07:53.680] I'm going to take a look at it this week and I'll get back to you Saturday or Sunday.
[07:53.680 --> 07:57.560] And that never happens, he's not doing it.
[07:57.560 --> 08:00.440] So it's been five weeks.
[08:00.440 --> 08:17.560] And somehow we won't name any names, but somehow my friend's wife filed a criminal complaint
[08:17.560 --> 08:26.120] against the prosecutor for all of this procedural due process violations and specifically not
[08:26.120 --> 08:27.120] all of them.
[08:27.120 --> 08:34.760] Wait a minute, how did his wife ever know how to file criminal complaints?
[08:34.760 --> 08:47.560] Well, she might have had a little bit of coaching when she's like a bulldog, she's ready to
[08:47.560 --> 08:50.120] jump on anything, she's not going to whine.
[08:50.120 --> 08:56.920] If it says complaint across the top, it's not because she's a whiner.
[08:56.920 --> 08:58.920] She's filing for the jugular.
[08:58.920 --> 09:03.800] She's not complaining, she's filing a complaint.
[09:03.800 --> 09:12.600] Yes, and she means business, she's not playing around, she's going for the jugular.
[09:12.600 --> 09:21.120] So in this particular situation, the prosecutor did not respond to interrogatories, said she
[09:21.120 --> 09:22.120] doesn't have to.
[09:22.120 --> 09:24.960] The defense law, you're backed her up.
[09:24.960 --> 09:30.000] They went in there like they were doing, they might as well just go have a drink together
[09:30.000 --> 09:37.080] because they spend all their time in a closed secret room and leave the client waiting out
[09:37.080 --> 09:38.960] in the hall.
[09:38.960 --> 09:49.480] But anyway, bottom line, the prosecutor is not answering interrogatories and the defense
[09:49.480 --> 09:51.520] lawyer says, well, she doesn't have to.
[09:51.520 --> 09:57.720] Well, I'm sorry, but the Code of Criminal Procedure says the opposite.
[09:57.720 --> 10:05.200] The Code of Criminal Procedure in 39.04 and 06 says the defendant is allowed, I don't
[10:05.200 --> 10:14.320] know if it says defendant or the accused, has the right to depositions using the civil
[10:14.320 --> 10:21.680] rules and if the depositions are by written interrogatories, the civil rules apply, it's
[10:21.680 --> 10:22.840] very specific.
[10:22.840 --> 10:26.960] It's super clear, nobody can get that mixed up.
[10:26.960 --> 10:31.440] But somehow, they're trying to avoid that saying, well, we don't need to answer your
[10:31.440 --> 10:38.200] discovery because, well, because you didn't have your examining trial.
[10:38.200 --> 10:43.240] It should have been before examining trial and now that the time has passed for an examining
[10:43.240 --> 10:50.200] trial, you can't have discovery.
[10:50.200 --> 10:52.200] That's what they're saying.
[10:52.200 --> 10:56.960] And then there's a technical name for that.
[10:56.960 --> 11:00.600] Let me guess, does it have BS initials?
[11:00.600 --> 11:03.360] Yes, it does.
[11:03.360 --> 11:17.920] Well, so the examining trial, they say that since the examining trial window has passed
[11:17.920 --> 11:21.840] and there's already an indictment, well, that right just evaporated, he doesn't have a right
[11:21.840 --> 11:26.560] to discover anymore.
[11:26.560 --> 11:28.640] That's when the right is incurred.
[11:28.640 --> 11:33.080] I don't know where they're getting this.
[11:33.080 --> 11:35.440] They got it a little backwards, I think.
[11:35.440 --> 11:40.880] Well, they refused his right to an examining trial for, I don't even know how many months,
[11:40.880 --> 11:44.160] so I don't know how they're going to come up and say this now.
[11:44.160 --> 11:47.240] But yeah, what do you think?
[11:47.240 --> 11:52.160] Is that legitimate for them to say that she doesn't have to answer interrogatories?
[11:52.160 --> 12:01.720] That gives her a claim against the prosecutor for negligent misrepresentation.
[12:01.720 --> 12:07.200] You can sue the prosecutor for negligent misrepresentation.
[12:07.200 --> 12:14.280] If Tim is listening, we are preparing a suit for just exactly that right now.
[12:14.280 --> 12:25.200] If the prosecutor tells a defendant something that is untrue and intends that the defendant
[12:25.200 --> 12:33.680] take it as true and the defendant does take it as true and is harmed thereby, that's the
[12:33.680 --> 12:41.000] tort of negligent misrepresentation and the prosecutor has no immunity for that one.
[12:41.000 --> 12:42.000] Perfect.
[12:42.000 --> 12:47.040] And that's exactly what the prosecutor did by telling her that she didn't have a right
[12:47.040 --> 12:53.920] to discovery until before an examining trial, well, nothing happens before an examining
[12:53.920 --> 12:54.920] trial.
[12:54.920 --> 12:59.600] I don't know how anybody could ever be expected to request discovery when they haven't even
[12:59.600 --> 13:02.040] been told what the charges are yet.
[13:02.040 --> 13:06.320] Yeah, so that's really, really nonsense.
[13:06.320 --> 13:10.120] That won't fly very far for these guys at all.
[13:10.120 --> 13:14.280] This prosecutor doesn't sound like the sharpest knife in the drawers.
[13:14.280 --> 13:21.240] Well, and what's worse is that the defense lawyer is speaking on behalf of the prosecutor
[13:21.240 --> 13:28.080] as if trying to defend the prosecutor's misbehavior and saying, oh, well, she doesn't have to.
[13:28.080 --> 13:33.840] He did have that right prior to indictment, but now there's been an indictment and I
[13:33.840 --> 13:40.840] understand they weren't exactly timely about giving him the indictment and I said, yeah,
[13:40.840 --> 13:45.480] says they're supposed to give it to him as soon as possible and it took what, 10 months?
[13:45.480 --> 13:46.960] That's not quite prompt.
[13:46.960 --> 13:54.440] Well, I understand they weren't exactly timely, so they're taking up for the prosecutor instead
[13:54.440 --> 14:02.240] of as a defense lawyer using that opportunity to say, look, there was a violation of due
[14:02.240 --> 14:03.240] process.
[14:03.240 --> 14:09.920] You've totally screwed this guy for nearly two years now, enough.
[14:09.920 --> 14:11.160] You haven't gotten it right.
[14:11.160 --> 14:15.320] You still didn't get it right.
[14:15.320 --> 14:20.600] They're trying to defend that misconduct.
[14:20.600 --> 14:24.560] I can't find anything legitimate about that from the defense side.
[14:24.560 --> 14:27.080] What do you think, Randy?
[14:27.080 --> 14:33.240] That's absolute nonsense and they're clearly a court of pointing counsel is trying to screw
[14:33.240 --> 14:35.480] over his client.
[14:35.480 --> 14:40.080] So has the client barred grieved court of pointing counsel yet?
[14:40.080 --> 14:43.080] No, not yet.
[14:43.080 --> 14:50.640] He used to do that quickly because now the second lawyer is actually going to get barred
[14:50.640 --> 14:51.640] grieved.
[14:51.640 --> 14:53.040] What does the judge do now?
[14:53.040 --> 15:00.760] Well, the second lawyer moves to ask to be removed and your client, your guy objects
[15:00.760 --> 15:01.760] again.
[15:01.760 --> 15:11.200] It'll be the time to sue the judge for interfering in his private contract.
[15:11.200 --> 15:13.320] Having done it twice at that point.
[15:13.320 --> 15:14.320] Yes.
[15:14.320 --> 15:16.280] Well, tell me this.
[15:16.280 --> 15:22.520] I was also considering last night I almost fired off an email to the helpers.
[15:22.520 --> 15:30.360] This lawyer is, he's too important for anybody to spend any time talking to him because he'll
[15:30.360 --> 15:38.320] have you know he's in high demand and this guy's nothing but a court appointed.
[15:38.320 --> 15:43.120] Oh my, he isn't hot, no wonder.
[15:43.120 --> 15:45.440] That changes everything.
[15:45.440 --> 15:51.400] What, as in bar grieve him more quickly?
[15:51.400 --> 16:01.800] You might also file a blistering complaint with the, what do you call it, the chief
[16:01.800 --> 16:12.080] inspector, oh, that's a good idea, totally outside the box there.
[16:12.080 --> 16:13.080] I had it.
[16:13.080 --> 16:19.320] My wife bought a $6,000 leather couch and you couldn't sit on it.
[16:19.320 --> 16:24.280] You sit down on it and it was so hard and it tipped forward, you'd scoot you off of
[16:24.280 --> 16:25.280] it.
[16:25.280 --> 16:29.600] Had him come back six or seven times and finally said enough, get this thing out of here and
[16:29.600 --> 16:30.600] give our money back.
[16:30.600 --> 16:33.680] That's how we charge a 20% restocking fee.
[16:33.680 --> 16:39.120] So we'll see how that works for you and I filed out a blistering complaint with the
[16:39.120 --> 16:41.080] Better Business Bureau.
[16:41.080 --> 16:48.520] They could not get that couch back out of there quick enough and get us a check.
[16:48.520 --> 16:49.520] Wonderful.
[16:49.520 --> 16:50.520] Okay, hang on.
[16:50.520 --> 16:53.080] Well, after we get the sponsors here, yeah, go ahead.
[16:53.080 --> 16:57.960] Oh, I was going to say we were going to go to the sponsors, but you said that.
[16:57.960 --> 17:01.400] We'll be right back.
[17:01.400 --> 17:09.840] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[17:09.840 --> 17:10.840] Gun Works.
[17:10.840 --> 17:14.520] Go to logosradionetwork.com and enter to win.
[17:14.520 --> 17:16.320] Any amount is appreciated.
[17:16.320 --> 17:18.160] Everything helps to keep us on the air.
[17:18.160 --> 17:24.600] From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR 15.
[17:24.600 --> 17:27.160] More prizes and sponsors to be announced.
[17:27.160 --> 17:30.320] Every $25 donation is a chance to win.
[17:30.320 --> 17:35.920] When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[17:35.920 --> 17:39.320] Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.320 --> 17:44.200] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
[17:44.200 --> 17:48.560] keep bringing you the best quality programming on talk radio today.
[17:48.560 --> 17:51.440] We also accept Bitcoin and other cryptocurrencies.
[17:51.440 --> 17:55.560] And remember, every $25 donation is a chance to win.
[17:55.560 --> 18:01.280] Go to logosradionetwork.com for details and donate today.
[18:01.280 --> 18:05.520] Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.520 --> 18:11.840] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.840 --> 18:14.920] Our goal is in accord with Matthew 516.
[18:14.920 --> 18:19.960] Let your light so shine before men that they may see your good works and glorify your Father
[18:19.960 --> 18:21.480] which is in heaven.
[18:21.480 --> 18:26.600] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.600 --> 18:31.840] Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[18:31.840 --> 18:34.960] to provoke unto love and good works.
[18:34.960 --> 18:39.360] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.360 --> 18:41.120] one chapter per week.
[18:41.120 --> 18:46.200] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.200 --> 18:48.400] Christian character development.
[18:48.400 --> 18:54.400] So mark your calendar and join us live on logosradionetwork.com Wednesdays from 8 to
[18:54.400 --> 19:22.400] 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:22.400 --> 19:52.400] Thank you very much for joining us live on logosradionetwork.com
[19:52.400 --> 20:03.600] Okay, we are back, Randy Kelton, Brett Fountain, Lula Blower Radio on this, the 27th, is that
[20:03.600 --> 20:04.600] the 27th?
[20:04.600 --> 20:12.560] Yeah, 27th day of February 2020 and Brett, been a couple of times on the show, we wanted
[20:12.560 --> 20:19.240] to get to more information about what you have been doing in Wood County and we wound up not
[20:19.240 --> 20:21.040] getting to it.
[20:21.040 --> 20:50.680] Thank you very much.
[20:51.040 --> 21:20.680] Thank you very much.
[21:21.040 --> 21:50.680] Thank you very much.
[21:50.680 --> 22:20.320] Thank you very much.
[22:20.320 --> 22:49.960] Thank you very much.
[22:50.320 --> 23:19.960] Thank you very much.
[23:20.320 --> 23:49.960] Thank you very much.
[23:50.320 --> 24:19.960] Thank you very much.
[24:20.320 --> 24:49.960] Thank you.
[24:49.960 --> 25:19.600] Thank you very much.
[25:19.600 --> 25:49.240] Thank you.
[25:49.240 --> 26:18.880] Thank you.
[26:18.880 --> 26:48.520] Thank you.
[26:48.520 --> 27:18.160] Thank you.
[27:18.160 --> 27:47.800] Thank you.
[27:47.800 --> 28:17.440] Thank you.
[28:17.440 --> 28:47.080] Thank you.
[28:47.080 --> 29:16.720] Thank you.
[29:16.720 --> 29:46.360] Thank you.
[29:46.360 --> 30:16.000] Thank you.
[30:16.000 --> 30:45.640] Thank you.
[30:45.640 --> 31:15.280] Thank you very much.
[31:15.280 --> 31:44.920] Thank you very much.
[31:44.920 --> 32:03.560] Thank you.
[32:03.560 --> 32:33.200] Thank you very much.
[32:33.200 --> 33:02.840] Thank you very much.
[33:02.840 --> 33:32.480] Thank you.
[33:32.840 --> 33:46.480] Thank you.
[33:46.480 --> 33:51.520] Okay, we are back and it's getting to the good part.
[33:51.520 --> 34:01.120] We have our special guest, Don Tarion, and we were, we spent the first segment talking
[34:01.120 --> 34:08.480] about what actually, it's the third segment, okay, we're in the second, third segment.
[34:08.480 --> 34:14.480] We spent two segments talking about how Brett's been beating them up, and Andrew, and we have
[34:14.480 --> 34:18.440] Andrew on the line, we'll be bringing him in shortly.
[34:18.440 --> 34:22.600] And now you've got to hear what's going on with Don.
[34:22.600 --> 34:26.480] Don, welcome.
[34:26.480 --> 34:28.680] Welcome to the show.
[34:28.680 --> 34:33.000] And let's talk about bar grievances.
[34:33.000 --> 34:35.800] All right.
[34:35.800 --> 34:43.280] So my story is they filed two felonies against me for filing a lawsuit against two police
[34:43.280 --> 34:44.280] officers.
[34:44.280 --> 34:48.320] They said that's against the law, state law.
[34:48.320 --> 34:54.520] And so long story short, I filed bar grievances against a court appointed attorney because
[34:54.520 --> 34:56.280] he wouldn't do what I told him to do.
[34:56.280 --> 34:58.560] He wouldn't do anything.
[34:58.560 --> 35:02.360] And I filed bar grievances against a prosecutor.
[35:02.360 --> 35:07.760] And after a couple of bar grievances, the prosecutor responded to the bar committee.
[35:07.760 --> 35:10.400] Okay, okay, wait, wait, hold on, one other thing.
[35:10.400 --> 35:16.200] He filed against his attorney, and his attorney filed a motion to withdraw.
[35:16.200 --> 35:17.200] Immediately.
[35:17.200 --> 35:26.440] Didn't, yeah, didn't notice Don, and the judge granted it the same day.
[35:26.440 --> 35:33.640] So he didn't have a hearing, he just ran without a hearing, and he went back to court.
[35:33.640 --> 35:38.080] He went back to court and they wanted to have court and he said, I can't have a court.
[35:38.080 --> 35:40.040] I don't have a lawyer.
[35:40.040 --> 35:46.240] So then they made him sit there all day until they closed the court and never called him
[35:46.240 --> 35:47.240] back.
[35:47.240 --> 35:51.920] So he sent him a bill.
[35:51.920 --> 35:58.320] Then he got the response from the bar grievance to the prosecutor.
[35:58.320 --> 36:01.320] Can you tell us about that one?
[36:01.320 --> 36:03.920] As a matter of fact, we can read it.
[36:03.920 --> 36:07.920] Okay, you want to address that one?
[36:07.920 --> 36:11.280] Yeah, it's a page and a half.
[36:11.280 --> 36:17.360] The only evidence that they've shown me is stuff I've done legally and, you know, other
[36:17.360 --> 36:18.360] actions I've taken.
[36:18.360 --> 36:20.240] And none of it's illegal.
[36:20.240 --> 36:28.520] I don't see that every file has been dismissed as frivolous, but I guess the good part we're
[36:28.520 --> 36:41.800] talking about is that he says that he was, the prosecutor was, and he says, I have also
[36:41.800 --> 36:46.160] recently been informed by those individuals that this case was personally screened and
[36:46.160 --> 36:51.440] endorsed by somebody, and at least one deputy attorney general for the state of Alabama
[36:51.440 --> 36:54.520] as appropriate prosecution pursuant to the state law.
[36:54.520 --> 36:56.360] So he's throwing some other people in the public.
[36:56.360 --> 36:59.640] Whoa, I missed that.
[36:59.640 --> 37:02.840] One attorney general lawyer, holy mackerel.
[37:02.840 --> 37:06.320] Yeah, deputy attorney general.
[37:06.320 --> 37:11.720] The deputy attorney general stands in the shoes of the attorney general.
[37:11.720 --> 37:16.120] The attorney generals respond to yet superior.
[37:16.120 --> 37:21.520] So wait, let me get this straight, you've got, the lawyer that you bar grieved is squealing
[37:21.520 --> 37:28.800] so hard that he is pointing the finger at the other lawyers made me do it.
[37:28.800 --> 37:29.800] Is that what I'm hearing?
[37:29.800 --> 37:30.800] That's the prosecutor.
[37:30.800 --> 37:32.520] But the prosecutor is doing that.
[37:32.520 --> 37:33.520] Wow.
[37:33.520 --> 37:36.280] Yeah, and here's the deal.
[37:36.280 --> 37:42.520] It sounds like he's pointing his finger at higher ups, but the district attorney is an
[37:42.520 --> 37:48.680] elected official, he don't have higher ups.
[37:48.680 --> 37:52.000] Nobody tells him what to do.
[37:52.000 --> 37:56.760] Just like the clerk and the district judge, these are all elected officials and they have
[37:56.760 --> 38:02.600] statutory duties and authority and nobody can interfere with that duty or authority.
[38:02.600 --> 38:08.160] So this guy just threw those guys under the bus.
[38:08.160 --> 38:16.160] The intimated that they conspired with him and they, why did he say they did this?
[38:16.160 --> 38:21.320] I don't know, they says why it just says they did.
[38:21.320 --> 38:26.720] He's been talking about, didn't they accuse you of weaponizing the legal system?
[38:26.720 --> 38:30.640] Yeah, that was a little bit later, but that's true.
[38:30.640 --> 38:39.240] That's one of the sovereign citizens, which is not even a group, and I have weaponized
[38:39.240 --> 38:50.480] that I have been, have a history of weaponizing frivolous lawsuits and legal proceedings.
[38:50.480 --> 38:53.760] And that's why they said that's why they did this.
[38:53.760 --> 38:59.960] Yeah, that's what he's telling the bar committee and he says up above, he said that he has
[38:59.960 --> 39:04.640] no process or dismissed cases many times when I was personally not convinced of the person's
[39:04.640 --> 39:10.800] guilt or not convinced of reasonable likelihood of conviction.
[39:10.800 --> 39:18.720] And basically he's saying, I kind of want to drop this, but I was told not to.
[39:18.720 --> 39:23.400] So he threw them under the bus.
[39:23.400 --> 39:26.680] This guy's not the sharpest knife in the drawer.
[39:26.680 --> 39:32.000] So what's he going to do now when you file criminal charges against the attorney general
[39:32.000 --> 39:33.400] for retaliation?
[39:33.400 --> 39:37.160] That's what I'm wondering what to do next.
[39:37.160 --> 39:39.560] And call this lawyer as a witness.
[39:39.560 --> 39:42.280] You should do that.
[39:42.280 --> 39:48.800] I wrote seven more bar complaints against the prosecutor based on this.
[39:48.800 --> 39:50.800] I mailed them again.
[39:50.800 --> 39:51.800] What at a time?
[39:51.800 --> 39:52.800] Oh yeah.
[39:52.800 --> 40:00.840] Look at them, the thing I'd like to do is we look at them and see how we can take these
[40:00.840 --> 40:09.840] grievances and line them up and pick them so that if I file this one, what's he likely
[40:09.840 --> 40:10.840] to say?
[40:10.840 --> 40:16.640] Is he likely to say something that will point at the next one?
[40:16.640 --> 40:22.120] One thing that happens is these are all official documents.
[40:22.120 --> 40:30.040] Whatever you put into an official document constitutes collateral estoppel.
[40:30.040 --> 40:35.520] Once you make a statement or take a position in an official document, it does not have
[40:35.520 --> 40:39.960] to be a court document, any government document.
[40:39.960 --> 40:45.320] Once you take that position, you can never take an opposed position.
[40:45.320 --> 40:49.640] You can't even argue in opposed position.
[40:49.640 --> 40:58.920] So if we can get him to take a position that points right at another bar grievance, then
[40:58.920 --> 41:03.800] we can get him to statutory admit to the next one.
[41:03.800 --> 41:06.240] Does that make sense, Don?
[41:06.240 --> 41:07.240] Uh-uh.
[41:07.240 --> 41:08.240] Sort of.
[41:08.240 --> 41:10.120] How do you do that?
[41:10.120 --> 41:11.120] Like planning again?
[41:11.120 --> 41:13.120] We don't have a 3D chance.
[41:13.120 --> 41:14.120] Yeah.
[41:14.120 --> 41:15.120] You look at the complaints.
[41:15.120 --> 41:21.080] Okay, if I'm the lawyer, how would I defend myself against this?
[41:21.080 --> 41:26.120] And then see if we can find one that he'll take, he will defend himself against.
[41:26.120 --> 41:29.640] Maybe we do the last one first.
[41:29.640 --> 41:33.880] And he defends himself against this one in a way that'll lead us into the others.
[41:33.880 --> 41:39.880] We need to look at all of them and see if we can get him to trip over his own tongue.
[41:39.880 --> 41:41.680] He's already done that.
[41:41.680 --> 41:47.160] I mean, he's demonstrated he's not the sharpest knife in the drawer.
[41:47.160 --> 41:54.880] To throw the attorney general under the bus, he admitted to retaliation.
[41:54.880 --> 42:07.320] They prosecuted Don, the complaint itself said that what Don did that constituted the
[42:07.320 --> 42:18.720] felony act was file suit in the federal court, that's correct, in 1215 AD, when the original
[42:18.720 --> 42:23.840] Magna Carta was signed, that was in there.
[42:23.840 --> 42:31.680] It's in our constitution as the First Amendment out here, First Amendment freedom of the press
[42:31.680 --> 42:36.520] and you've got all these First Amendment auditors or something else in there.
[42:36.520 --> 42:46.240] The right to petition the government for redress of grievance shall not be abridged.
[42:46.240 --> 42:51.000] It has been in law for 800 years.
[42:51.000 --> 42:57.360] What part of that does Alabama not understand?
[42:57.360 --> 43:06.080] They absolutely admitted to retaliating against him because he exercised the constitution
[43:06.080 --> 43:13.120] right and not just their right, but that particular one, they're absolutely forbidden.
[43:13.120 --> 43:17.960] The first one in the book, first page.
[43:17.960 --> 43:25.000] So this bar grievance, I don't know how it could have worked out better.
[43:25.000 --> 43:30.560] So our point is bar grievances, file a quick file often.
[43:30.560 --> 43:34.480] You never know what those chumps are going to put in there that you can then use against
[43:34.480 --> 43:35.480] them.
[43:35.480 --> 43:41.880] We're about to go to our sponsors and when we come back, we've got Andrew and Andrew's
[43:41.880 --> 43:46.920] in a position to do some of the things Don has been doing.
[43:46.920 --> 43:49.600] So we're going to take Andrew when we come back.
[43:49.600 --> 43:57.000] This is Randy Kelton, Bret Fountain, the special guest Don Terry, a call in number 512-646-1984.
[43:57.000 --> 44:00.000] We'll be right back.
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[46:22.160 --> 46:43.600] Okay, we are back.
[46:43.600 --> 46:48.320] Randy Kelton, Brett Fountain here with our special guest, Mr. Don Terry.
[46:48.320 --> 46:53.080] And we're going to take Andrew.
[46:53.080 --> 46:57.000] Andrew, Brett told your story earlier.
[46:57.000 --> 47:00.320] Do you have something you want to add to that?
[47:00.320 --> 47:07.120] Well, I wasn't on, so I don't exactly know what he had asked or what he had said.
[47:07.120 --> 47:08.120] Okay.
[47:08.120 --> 47:12.040] Well, Brett, do you want to bring him up to speed of what you...
[47:12.040 --> 47:21.760] Yeah, pretty much told Randy and the listeners that the prosecutor was refusing to respond
[47:21.760 --> 47:29.600] to interrogatories and that your defense lawyer was seemed like taking up for her and saying,
[47:29.600 --> 47:31.720] oh, yeah, she doesn't have to.
[47:31.720 --> 47:32.720] This is civil.
[47:32.720 --> 47:33.720] This is criminal.
[47:33.720 --> 47:34.720] This is not civil.
[47:34.720 --> 47:35.720] That would only be civil.
[47:35.720 --> 47:41.920] And then when I showed him the law, that it says interrogatories do apply to criminals.
[47:41.920 --> 47:45.960] Well, then they changed their tune and started defending the prosecutor in a different way.
[47:45.960 --> 47:49.400] Oh, but, well, this is after the indictment.
[47:49.400 --> 47:52.880] That right evaporated when the indictment happened.
[47:52.880 --> 47:57.440] And so then I was asking Randy, do you see that there... could there be anything legitimate
[47:57.440 --> 48:01.920] about all of this slick talk from the defense lawyer trying to take up for the prosecutor
[48:01.920 --> 48:04.320] and nobody's following the law?
[48:04.320 --> 48:07.640] And Randy looked at it pretty much the same way he did.
[48:07.640 --> 48:15.120] Yes, I had to instruct Brett about the specific legal term for what they're doing.
[48:15.120 --> 48:20.320] It's two words and they start with a B and an S.
[48:20.320 --> 48:28.680] Okay, well, I guess my question was that if whenever I didn't have counsel because one
[48:28.680 --> 48:36.840] had filed a motion to withdraw and it was granted, the time that I wasn't without counsel, I
[48:36.840 --> 48:44.200] had requested discovery for interrogatories from the prosecution.
[48:44.200 --> 48:51.120] And it's been over 60 days, I've now been appointed a court appointed attorney.
[48:51.120 --> 48:57.120] And numerous occasions, he says that he does not want to go that route.
[48:57.120 --> 48:58.120] It doesn't work.
[48:58.120 --> 49:01.400] Yes, I know what the law says.
[49:01.400 --> 49:07.400] I've got to work within the system because no court, no lawyer, you can take this to
[49:07.400 --> 49:12.560] the Supreme Court, all you want to, it's not going to work because no judge is going to
[49:12.560 --> 49:21.000] require the prosecution to come up with that kind of information because it's already been
[49:21.000 --> 49:22.000] done.
[49:22.000 --> 49:29.520] And so he doesn't want to file any of the motions to get her to answer any of these.
[49:29.520 --> 49:33.600] And it's been already past 60 days and he doesn't want to go that route.
[49:33.600 --> 49:38.680] Okay, I have a question, Andrew.
[49:38.680 --> 49:47.200] What do you care about what the lawyer wants to do when he doesn't want to?
[49:47.200 --> 49:52.640] Well, I guess I was trying to get him.
[49:52.640 --> 49:56.800] No, I'm saying the lawyer was telling you that he didn't want to do this, he didn't
[49:56.800 --> 49:57.800] want to do that.
[49:57.800 --> 50:02.240] And what the heck do you care what he wants to do and what he doesn't want to do?
[50:02.240 --> 50:06.720] I get that, but I've already tried to stand my ground with this guy and he jumped up and
[50:06.720 --> 50:10.480] he got in my face and he turned around and said, no, this is going to be.
[50:10.480 --> 50:12.760] And I told him, I said, no, that's not how it's going to be.
[50:12.760 --> 50:14.160] It's going to be this way.
[50:14.160 --> 50:24.240] So and it's disturbing and he challenged me to the point of saying that this is getting
[50:24.240 --> 50:31.840] escalated and I've dealt with guys like you before and here I was just trying to get him
[50:31.840 --> 50:35.200] to, I wanted to know if he was going to uphold my rights.
[50:35.200 --> 50:40.840] And he said he was not going to uphold my rights, that as a lawyer, as a judge, I'm
[50:40.840 --> 50:47.560] a court appointed attorney, I'm bound by law that I'm supposed to do this anyway.
[50:47.560 --> 50:53.960] So I couldn't even get to him to admit it that he would uphold my rights because he's
[50:53.960 --> 50:57.200] already saying that he was going to and he's bound by this.
[50:57.200 --> 51:03.280] And so whenever I was trying to get him to work for me, I'm such a, I've been called
[51:03.280 --> 51:09.960] in on your case phone and, you know, I'm a, you know, I'm highly popular in the Houston
[51:09.960 --> 51:10.960] area.
[51:10.960 --> 51:18.520] People, you know, they pay me for my services and you're, you know, basically just privileged
[51:18.520 --> 51:19.600] to even have me.
[51:19.600 --> 51:28.360] So I'm going to work this out my way and it's going to, and so anyway, me not being
[51:28.360 --> 51:33.920] knowing the law enough or whatever, I don't know how to, what, what would be the right
[51:33.920 --> 51:41.160] response to, I don't know, can you bar grieve someone who's been called in?
[51:41.160 --> 51:45.920] Bar grieve him into the stone age.
[51:45.920 --> 51:50.360] My lawyer get in my face, not going to happen.
[51:50.360 --> 51:57.240] They appointed me counsel on an issue where the DPS knocked out one of my teeth and they
[51:57.240 --> 51:59.880] went after me to keep me from going after them.
[51:59.880 --> 52:02.360] Well, that didn't work.
[52:02.360 --> 52:07.760] And when they were prosecuting me, they called me in the court and didn't tell me why and
[52:07.760 --> 52:12.640] I got there and asked the judge, you know, so I've got this notice to appear, but it
[52:12.640 --> 52:14.520] doesn't tell me why.
[52:14.520 --> 52:17.800] Well, we wanted to see if you had an attorney.
[52:17.800 --> 52:24.440] I said, well, I got 2801 here and it lists all the things you can call me to court for
[52:24.440 --> 52:27.760] to see if I have an attorney is not one of them.
[52:27.760 --> 52:32.400] And that got her all tensed up, but since she was Ron Earl's daughter, I figured she
[52:32.400 --> 52:33.560] was real political.
[52:33.560 --> 52:37.880] So I kind of backed off on her and she said, well, Mr. Calcom, we need to know if you had
[52:37.880 --> 52:38.880] an attorney.
[52:38.880 --> 52:40.320] Do you have an attorney?
[52:40.320 --> 52:41.320] Nope.
[52:41.320 --> 52:42.880] Are you going to hire an attorney?
[52:42.880 --> 52:43.880] No.
[52:43.880 --> 52:46.160] Would you like me to appoint you an attorney?
[52:46.160 --> 52:47.440] I don't care what you do.
[52:47.440 --> 52:50.040] Well, Mr. Calcom, I'm going to appoint you an attorney.
[52:50.040 --> 52:55.600] Well, if you do that, to make sure you appoint one you really don't like.
[52:55.600 --> 52:59.200] And she kind of laughed and said, well, I got an attorney real here, you get the next
[52:59.200 --> 53:00.200] one off the grid.
[53:00.200 --> 53:01.880] I said, so you're off the hook.
[53:01.880 --> 53:03.880] She said, yes, I am.
[53:03.880 --> 53:08.520] They point me this attorney, he takes me in this room and he starts this, okay, this
[53:08.520 --> 53:12.720] is how things are going to go and I let him run on for a while and then I finally told
[53:12.720 --> 53:14.640] him, stop, stop, stop, stop.
[53:14.640 --> 53:16.120] That's not how they're going to go.
[53:16.120 --> 53:19.000] Well, Mr. Calcom, just how are they going to go?
[53:19.000 --> 53:20.920] This is how they're going to go.
[53:20.920 --> 53:25.880] You're going to go to the judge and ask the judge to remove you from this case.
[53:25.880 --> 53:29.360] And then I'm going to go to the judge and tell the judge, don't you dare remove him
[53:29.360 --> 53:30.360] from this case.
[53:30.360 --> 53:34.240] He's my current attorney of choice and he's under contract.
[53:34.240 --> 53:35.240] And the lawyer is going to come up.
[53:35.240 --> 53:39.800] I think you skipped the part about the, he needs to adjudicate everything that's in the
[53:39.800 --> 53:40.800] record.
[53:40.800 --> 53:42.480] Oh, no, I'll get to that.
[53:42.480 --> 53:44.240] This was the first interview.
[53:44.240 --> 53:45.240] Okay.
[53:45.240 --> 53:49.240] Yeah, I said, you'll go to the judge and ask the judge to remove you from this case.
[53:49.240 --> 53:53.840] And I was just telling him, don't you dare remove him because he's my attorney of choice
[53:53.840 --> 53:54.840] and he's under contract.
[53:54.840 --> 53:58.120] And the lawyer said, well, I'm not under contract with you.
[53:58.120 --> 54:03.680] I'm under contract with the state, yes, you are, but I'm the intended third party beneficiary
[54:03.680 --> 54:08.680] and I have standing in the contract and the judge will remove you from the case.
[54:08.680 --> 54:09.680] He said, yes, he will.
[54:09.680 --> 54:15.080] Then I get to sue the judge for interfering with the private contract and it was like I
[54:15.080 --> 54:17.720] hit him with a baseball bat.
[54:17.720 --> 54:24.480] He just stood there with his mouth hanging open and then later that night I called him.
[54:24.480 --> 54:27.840] He gave me his phone number and told me, called him anytime, well, it was about eight o'clock
[54:27.840 --> 54:28.840] just for a show.
[54:28.840 --> 54:34.720] And I told him, I'm about to do a radio show and I'm going to talk about this issue, but
[54:34.720 --> 54:36.680] I didn't tell you everything.
[54:36.680 --> 54:45.480] So I have 19 felony and misdemeanor charges against everyone involved in my arrest.
[54:45.480 --> 54:48.120] I already have these before the court.
[54:48.120 --> 54:53.600] You will adequately adjudicate every single one of them.
[54:53.600 --> 54:58.440] You fail to adjudicate a single one and I'll bar grieve you for it.
[54:58.440 --> 55:05.360] He said, you would bar, you would bar grieve me in a heartbeat.
[55:05.360 --> 55:10.960] May dismiss that case to protect my lawyer from me.
[55:10.960 --> 55:17.640] In court, they're up against the bench, the prosecutor and my lawyer and the judge and
[55:17.640 --> 55:22.400] they're all jibber jabber and I can force my lawyer to come outside the bar to me and
[55:22.400 --> 55:27.080] he said, the prosecuting attorney said she knows who you are and if you start filing
[55:27.080 --> 55:30.840] criminal charges, she's going to charge you with tampering with a government document.
[55:30.840 --> 55:33.680] I looked over at her and I said, she said that, didn't she?
[55:33.680 --> 55:34.680] She said, yes, she did.
[55:34.680 --> 55:36.920] She reached in my case and pulled out 30.
[55:36.920 --> 55:38.960] I said, I got 30 of them here.
[55:38.960 --> 55:43.040] I want you to get her over here to verify these in accordance with her duty under article
[55:43.040 --> 55:49.120] 2.06, Code of Criminal Procedure and I pointed at the prosecutor, you come here and she
[55:49.120 --> 55:53.680] scooched back up against the bench like she thought the judge would protect him and I
[55:53.680 --> 55:58.480] handed him to my lawyer and he held up both hands with his palms out.
[55:58.480 --> 55:59.480] I'm not going to touch him.
[55:59.480 --> 56:00.480] I'm not going to touch him.
[56:00.480 --> 56:06.000] Look at him, you chicken, something, did that right in front of the judge.
[56:06.000 --> 56:10.120] The judge picks up the gavel and calls recess.
[56:10.120 --> 56:15.040] Before I can get my burrito, my lawyer called me and told me the judge dismissed the case.
[56:15.040 --> 56:16.040] He was ecstatic.
[56:16.040 --> 56:19.400] I think that was his first win.
[56:19.400 --> 56:24.400] So since he's found it so happy, I said, did he dismiss it with prejudice?
[56:24.400 --> 56:25.400] Well, no.
[56:25.400 --> 56:33.840] Well, you get back in there and make it dismissive with prejudice, oh, Mr. Kelton.
[56:33.840 --> 56:39.800] Your lawyer thinks he's so such a big deal, lately you're bargaining a time right too.
[56:39.800 --> 56:46.720] And you might want to send a tort letter to the judge for denying your right to counsel
[56:46.720 --> 56:53.480] by allowing your first lawyer to withdraw.
[56:53.480 --> 57:00.280] You are under a private contract with that lawyer and the federal constitution forbids
[57:00.280 --> 57:04.800] the government from interfering with a private contract.
[57:04.800 --> 57:08.800] The judge can remove your lawyer, but you can also suffer the consequences.
[57:08.800 --> 57:16.040] So you don't have to sue him, just send him a tort letter, a notice of intent to sue.
[57:16.040 --> 57:21.840] And then when you barge leave the second lawyer, he's going to go to the judge and
[57:21.840 --> 57:28.680] has to be removed, and you're going to object, now the judge is looking at two torts for
[57:28.680 --> 57:29.680] denial of counsel.
[57:29.680 --> 57:34.680] What are they going to do?
[57:34.680 --> 57:39.760] Point you another one, and he won't do his job, you barge leave him.
[57:39.760 --> 57:51.800] So you're saying that before bargaining the second lawyer, he should first send a notice
[57:51.800 --> 57:58.720] of tort letter to the judge for letting the first one go, is that right?
[57:58.720 --> 58:08.400] Exactly, and name the judge, all this time it costs you, and three times what you paid
[58:08.400 --> 58:15.240] that lawyer, the judge has no immunity for this one.
[58:15.240 --> 58:19.920] And it's really, this whole thing has been so onerous and oppressive, it's been destroying
[58:19.920 --> 58:26.920] Andrew's business, it's very ruinous what they've done to him.
[58:26.920 --> 58:34.880] If you fight them, they just feel like they have to beat you no matter what.
[58:34.880 --> 58:41.880] Average conviction rate for all crimes across the board in the state of Texas is 99.6.
[58:41.880 --> 58:51.320] Andrew, you live in the worst police state the world has ever seen, but the Bible remains
[58:51.320 --> 58:56.600] the most popular book in the world, yet countless readers are frustrated because they struggle
[58:56.600 --> 58:58.400] to understand it.
[58:58.400 --> 59:03.800] Some new translations try to help by simplifying the text, but in the process can compromise
[59:03.800 --> 59:07.040] the profound meaning of the Scripture.
[59:07.040 --> 59:08.840] Enter the recovery version.
[59:08.840 --> 59:14.760] First, this new translation is extremely faithful and accurate, but the real story is the more
[59:14.760 --> 59:18.480] than 9,000 explanatory footnotes.
[59:18.480 --> 59:23.480] Difficult and profound passages are opened up in a marvelous way, providing an entrance
[59:23.480 --> 59:28.200] into the riches of the word beyond which you've ever experienced before.
[59:28.200 --> 59:33.360] Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.360 --> 59:43.760] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.760 --> 59:47.840] or by ordering online at freestudybible.com.
[59:47.840 --> 59:49.840] That's freestudybible.com.
[59:49.840 --> 01:00:00.680] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.680 --> 01:00:07.680] We'll be right back with a full review of all of the great things we've done in the
[01:00:07.680 --> 01:00:08.680] past.
[01:00:08.680 --> 01:00:09.680] Let's get started.
[01:00:09.680 --> 01:00:10.680] Let's get started.
[01:00:10.680 --> 01:00:11.680] Let's get started.
[01:00:11.680 --> 01:00:12.680] Let's get started.
[01:00:12.680 --> 01:00:13.680] Let's get started.
[01:00:13.680 --> 01:00:14.680] Let's get started.
[01:00:14.680 --> 01:00:41.680] Let's get started.
[01:00:45.680 --> 01:00:52.360] Today in History, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[01:00:52.360 --> 01:00:57.680] on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[01:00:57.680 --> 01:00:59.680] 10 and entering 40.
[01:00:59.680 --> 01:01:04.680] Today in History.
[01:01:04.680 --> 01:01:05.680] And recent news.
[01:01:05.680 --> 01:01:10.400] Since Governor Greg Abbott signed House Bill 1325, legalizing happened to Texas law back
[01:01:10.400 --> 01:01:11.400] in June.
[01:01:11.400 --> 01:01:15.560] Prosecutors around the state, including Houston, Austin and San Antonio, have been dropping
[01:01:15.560 --> 01:01:19.720] marijuana possession charges and even refusing to file new ones, since they are stipulating
[01:01:19.720 --> 01:01:24.760] that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.760 --> 01:01:28.400] Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.400 --> 01:01:32.920] she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:32.920 --> 01:01:33.920] law.
[01:01:33.920 --> 01:01:37.560] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.560 --> 01:01:42.040] that County District Attorney's back on Thursday that marijuana has not been decriminalized
[01:01:42.040 --> 01:01:48.160] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.160 --> 01:01:54.440] As well as other cities, too, like the District Attorney in El Paso, Kyma Esparza, a Democrat
[01:01:54.440 --> 01:01:58.880] who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.880 --> 01:02:01.680] prosecution of marijuana cases in El Paso.
[01:02:01.680 --> 01:02:06.680] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.680 --> 01:02:10.680] in Harris County, who stated that, quote, the law is constantly changing on what makes
[01:02:10.680 --> 01:02:13.400] something illegal based on its chemical makeup.
[01:02:13.400 --> 01:02:17.320] It's important that if someone is charged with something, the test matches what they're
[01:02:17.320 --> 01:02:22.520] charged with.
[01:02:22.520 --> 01:02:28.040] A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its
[01:02:28.040 --> 01:02:33.520] kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured
[01:02:33.520 --> 01:02:39.400] or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.400 --> 01:02:43.720] According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.720 --> 01:02:50.000] its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[01:02:50.000 --> 01:03:17.840] glow as we're from for July 22, 2019.
[01:03:17.840 --> 01:03:27.240] Okay, we are back, Randy Kelton, Brett Fountain with the radio, and we're talking to Andrew
[01:03:27.240 --> 01:03:31.160] in Texas, and Andrew, there's something we need to talk about.
[01:03:31.160 --> 01:03:34.560] You haven't been listening to the show long enough.
[01:03:34.560 --> 01:03:40.840] This is something I haven't went over in quite a while, but you can expect the court
[01:03:40.840 --> 01:03:44.360] to move against you out of hand at every turn.
[01:03:44.360 --> 01:03:50.240] You're going to do everything you can to force you to take some kind of kill.
[01:03:50.240 --> 01:03:56.560] He's already been experiencing that, ruling against him, treating him, but doesn't matter
[01:03:56.560 --> 01:04:03.960] what the law says, he's already been experiencing that, that sense of betrayal and injustice.
[01:04:03.960 --> 01:04:08.520] Hilt innocence, they don't care.
[01:04:08.520 --> 01:04:15.880] Like Handel, they went after him and he fought him like a tiger for a year and a half, and
[01:04:15.880 --> 01:04:23.720] they got to the courthouse steps going into the jury trial, and they came to him and offered
[01:04:23.720 --> 01:04:28.360] a big deal, and he told them to take their deal and cram it.
[01:04:28.360 --> 01:04:32.040] When I get in front of the jury, I'm going to crucify all of you.
[01:04:32.040 --> 01:04:38.640] They went into court, the prosecutors, he said they were, none of them knew what to
[01:04:38.640 --> 01:04:43.240] do, and finally one of them went up and dismissed everything.
[01:04:43.240 --> 01:04:48.920] The last thing they wanted was for this nonsense to get before a jury, so the one thing that
[01:04:48.920 --> 01:04:55.200] will probably help you more than anything else is to let them know that I am certain
[01:04:55.200 --> 01:04:59.680] when this gets in front of a jury, a jury is going to see through all this crap you're
[01:04:59.680 --> 01:05:02.360] doing and going to throw this out.
[01:05:02.360 --> 01:05:06.880] If they know you're pushing to get in front of a jury, they are not going to want this
[01:05:06.880 --> 01:05:10.160] to go there.
[01:05:10.160 --> 01:05:14.720] But in the meantime, you can get them to dismiss.
[01:05:14.720 --> 01:05:19.960] They don't want you to win a case, but they also don't want you to ruin all these lawyers'
[01:05:19.960 --> 01:05:20.960] careers.
[01:05:20.960 --> 01:05:26.560] And Barbara even says it very, very bad on their career, puts a mark on their chart
[01:05:26.560 --> 01:05:33.840] that never goes away.
[01:05:33.840 --> 01:05:42.720] You grieved, your wife grieved, for the rest of his career that mark will be on his record.
[01:05:42.720 --> 01:05:49.760] He gets three of them, no law firm in their right mind would take him on, because if they
[01:05:49.760 --> 01:05:55.600] give him a case, that even if he wins the case, if he doesn't win as much as the client
[01:05:55.600 --> 01:06:01.040] thinks he should have, and they find out he's got three bar grievances against him, they're
[01:06:01.040 --> 01:06:03.720] going to say, what did you give me this chump for?
[01:06:03.720 --> 01:06:07.280] Because most lawyers don't have any.
[01:06:07.280 --> 01:06:10.520] Nobody knows to file bar grievances.
[01:06:10.520 --> 01:06:12.080] It's our secret weapon.
[01:06:12.080 --> 01:06:15.360] So you filed against this current lawyer.
[01:06:15.360 --> 01:06:20.000] You filed a tort letter again to the judge, and all it does, it doesn't do anything.
[01:06:20.000 --> 01:06:26.120] It just says, Your Honor, you took an act that had the effect of interfering with a
[01:06:26.120 --> 01:06:34.720] private contract, and you harmed me by this much, and make me whole to be sued.
[01:06:34.720 --> 01:06:41.960] In order to sue like a county or a city, the statutes say that you have to give them notice
[01:06:41.960 --> 01:06:46.480] an opportunity and 60 days to cure.
[01:06:46.480 --> 01:06:53.920] So you file this with the judge, and it's not a motion, it's like a business letter.
[01:06:53.920 --> 01:07:01.400] If you were in business, and you have an issue with someone else, the courts say, don't come
[01:07:01.400 --> 01:07:06.920] to us as a remedy of first resort.
[01:07:06.920 --> 01:07:10.840] We want you to come to us as a remedy of last resort.
[01:07:10.840 --> 01:07:16.360] So before you come to us, you need to exercise your administrative remedies.
[01:07:16.360 --> 01:07:22.800] The only administrative remedy they require is notice an opportunity.
[01:07:22.800 --> 01:07:26.120] Notice that you've been harmed, an opportunity to cure.
[01:07:26.120 --> 01:07:29.280] Well, notice that you've been harmed.
[01:07:29.280 --> 01:07:34.120] Notice of how much you've been harmed by an opportunity to cure.
[01:07:34.120 --> 01:07:38.520] So you get that to the judge, and that tells the judge, whatever happens in this case,
[01:07:38.520 --> 01:07:41.640] this guy's going to sue me.
[01:07:41.640 --> 01:07:45.480] And now then you barge in with this lawyer, and he's going to run to the judge and want
[01:07:45.480 --> 01:07:51.360] me to remove from the case, and you're going to object to it.
[01:07:51.360 --> 01:07:56.360] It is seldom that a judge is dumb enough to remove a lawyer.
[01:07:56.360 --> 01:08:03.120] I think this, Brett, have you heard of, I don't think we've ever had them do that before.
[01:08:03.120 --> 01:08:05.320] Ever had them do what?
[01:08:05.320 --> 01:08:12.120] Have the judge remove a lawyer over the objection of the defendant.
[01:08:12.120 --> 01:08:15.440] Well it seems to me like they do that all the time.
[01:08:15.440 --> 01:08:23.920] No, the once we've got to grieve the lawyers, when they objected, the judge said, well you're
[01:08:23.920 --> 01:08:30.080] going to have to work this out with your client, because most of the judges knew that they're
[01:08:30.080 --> 01:08:35.720] treading on thin ice here, this is private contract world here, and they know that they're
[01:08:35.720 --> 01:08:36.720] vulnerable.
[01:08:36.720 --> 01:08:42.560] Apparently this judge didn't know that, but a good tort letter from you, Andrew, let's
[01:08:42.560 --> 01:08:47.040] him know that you know he is vulnerable, and now he will know it, because he'll get that
[01:08:47.040 --> 01:08:52.480] tort letter and he'll run and do his research, and when he does his research, he's going
[01:08:52.480 --> 01:09:00.240] to say, oops, he's right, now he's going to be coming after me.
[01:09:00.240 --> 01:09:09.320] You want to create politics as high up as you can, and if you file the second board grievance
[01:09:09.320 --> 01:09:15.560] against this second lawyer, and he files a motion to withdraw, you move to recuse the
[01:09:15.560 --> 01:09:23.800] judge, because the judge has already interfered with the contract once, and you've given
[01:09:23.800 --> 01:09:29.280] him a notice of the tort, a notice that you intend to sue him, and actually what your
[01:09:29.280 --> 01:09:34.360] judge may do is recuse himself.
[01:09:34.360 --> 01:09:39.280] Now you've got a judge that has recused himself, because he's pretty well sure he's going to
[01:09:39.280 --> 01:09:43.440] sue you to do his homework, and find out that he has no immunity for this.
[01:09:43.440 --> 01:09:47.720] We have a timing issue with the Trump.
[01:09:47.720 --> 01:09:54.120] Randy, I think he's trying to talk, and your mic is really noisy, and a lot of pops.
[01:09:54.120 --> 01:09:57.120] We're having that noise like we had the other night.
[01:09:57.120 --> 01:10:04.400] I heard him, when I'm talking, I can't hear him, because my suppressor pushed him down.
[01:10:04.400 --> 01:10:12.120] I heard, even in the spaces, your audio is generating some noise.
[01:10:12.120 --> 01:10:16.160] I have no idea what I can do about that.
[01:10:16.160 --> 01:10:17.160] Okay.
[01:10:17.160 --> 01:10:18.160] Okay.
[01:10:18.160 --> 01:10:19.160] Go ahead, Andrew.
[01:10:19.160 --> 01:10:20.160] Sorry about that.
[01:10:20.160 --> 01:10:25.120] I was just going to say that there's some timing issues.
[01:10:25.120 --> 01:10:30.480] Pre-trial is Monday, which I'm required to be down there, he told me.
[01:10:30.480 --> 01:10:40.480] Pre-trial is the 16th of this month, or the next month, in 16, 17 days from now.
[01:10:40.480 --> 01:10:49.160] So getting all of this, I don't even know where my question is on that, whatever, but
[01:10:49.160 --> 01:10:50.160] I just was saying...
[01:10:50.160 --> 01:10:51.160] Okay.
[01:10:51.160 --> 01:10:52.160] Okay.
[01:10:52.160 --> 01:10:53.160] Pre-trial.
[01:10:53.160 --> 01:10:57.160] Do you have motions before the court?
[01:10:57.160 --> 01:10:58.160] Yes.
[01:10:58.160 --> 01:10:59.160] Yes.
[01:10:59.160 --> 01:11:05.720] So, the only thing they can do is hear the motions.
[01:11:05.720 --> 01:11:11.080] If they go to court on pre-trial and they don't hear the motions, you can be relatively
[01:11:11.080 --> 01:11:20.320] sure what they're going to do, they're going to come to you and offer you a deal.
[01:11:20.320 --> 01:11:27.000] Notice to appear has to tell you what you're being noticed to appear for, the motions you
[01:11:27.000 --> 01:11:30.000] have before the court provides them.
[01:11:30.000 --> 01:11:39.440] I did, but they've told me that they will not take it because it hasn't been e-filed.
[01:11:39.440 --> 01:11:46.320] They would not take my e-mailing, or I'm not sure exactly how many had been actually mailed
[01:11:46.320 --> 01:11:51.960] in by certified file receipt, but the e-mail that they rejected, so I've been trying to
[01:11:51.960 --> 01:11:59.400] get this new lawyer that they've now appointed me to adjudicate these, and he doesn't want
[01:11:59.400 --> 01:12:00.400] to address it.
[01:12:00.400 --> 01:12:01.400] He doesn't want to do it.
[01:12:01.400 --> 01:12:02.400] He's put me off.
[01:12:02.400 --> 01:12:06.240] Can you tell him what I told my lawyer?
[01:12:06.240 --> 01:12:11.840] I will barricade you for every single issue in every one of these motions.
[01:12:11.840 --> 01:12:18.360] If you don't do your job, I will barricade you for each one.
[01:12:18.360 --> 01:12:25.280] You're got mine off the dime, and it gave him plausible deniability so that he could
[01:12:25.280 --> 01:12:31.120] actually do this and not have the judge upset at it.
[01:12:31.120 --> 01:12:35.960] Yeah, okay.
[01:12:35.960 --> 01:12:42.040] Andrew, I've been in this spot where you're at, where your liberty is at risk, and I understand
[01:12:42.040 --> 01:12:44.040] this is difficult.
[01:12:44.040 --> 01:12:50.720] I represented myself in Rusk, Texas, and I was wholly incompetent.
[01:12:50.720 --> 01:12:58.040] You've demonstrated more confidence than me, and they found me guilty, gave me a year in
[01:12:58.040 --> 01:12:59.040] jail.
[01:12:59.040 --> 01:13:09.080] I filed 2035 criminal complaints against the judge, prosecutor, county judge, district judge,
[01:13:09.080 --> 01:13:10.080] everybody involved.
[01:13:10.080 --> 01:13:16.760] I filed them with the Court of Appeals in Tyler, two days I was out.
[01:13:16.760 --> 01:13:24.280] They did not want this getting in front of that Court of Appeals.
[01:13:24.280 --> 01:13:29.760] This is difficult to do, and it's scary to do it, but if you don't, they're going to
[01:13:29.760 --> 01:13:32.440] drive you into the ground.
[01:13:32.440 --> 01:13:37.280] Yeah, yeah, I've seen that.
[01:13:37.280 --> 01:13:44.560] It's take it right back to them, and then give them every opportunity to drop the case,
[01:13:44.560 --> 01:13:49.160] but let them know this is going before a jury.
[01:13:49.160 --> 01:13:55.360] There will be no deals, the jury will acquit me because you guys are all full of garbage,
[01:13:55.360 --> 01:14:00.120] and if they're sure you're going to take it to a jury, they don't have a good enough
[01:14:00.120 --> 01:14:05.840] case to warrant this, they'll dismiss it on the court of health steps.
[01:14:05.840 --> 01:14:10.440] I think Andrew was trying to say something.
[01:14:10.440 --> 01:14:11.440] We couldn't hear him.
[01:14:11.440 --> 01:14:12.440] No, I wasn't.
[01:14:12.440 --> 01:14:13.440] No, I was listening.
[01:14:13.440 --> 01:14:14.440] Okay.
[01:14:14.440 --> 01:14:15.440] So what do you think, Andrew?
[01:14:15.440 --> 01:14:16.440] How does that sound to you?
[01:14:16.440 --> 01:14:17.440] Yeah, I agree with the resolve.
[01:14:17.440 --> 01:14:22.440] I don't know why my confidence level is not always maintained.
[01:14:22.440 --> 01:14:37.880] God, I don't get how it gets turned around, but sometimes it does, and I thought-
[01:14:37.880 --> 01:14:38.880] Andrew.
[01:14:38.880 --> 01:14:39.880] Appreciate that.
[01:14:39.880 --> 01:14:40.880] Join the club.
[01:14:40.880 --> 01:14:41.880] Your liberty's at risk.
[01:14:41.880 --> 01:14:42.880] You should be frightened.
[01:14:42.880 --> 01:14:43.880] Yes, sir.
[01:14:43.880 --> 01:15:00.040] You appreciate it, this gives me some insight.
[01:15:00.040 --> 01:15:07.560] But I do want to tell you, when that A came after me and I represented myself, I didn't
[01:15:07.560 --> 01:15:14.080] wet my britches in court, but it was a struggle.
[01:15:14.080 --> 01:15:22.240] It is very difficult, this is your liberty's at risk, and I'm asking you to do things that
[01:15:22.240 --> 01:15:25.960] are outside the box.
[01:15:25.960 --> 01:15:26.960] Yeah.
[01:15:26.960 --> 01:15:27.960] Yes, sir.
[01:15:27.960 --> 01:15:40.160] But if you don't, they'll get you in jail, that's what they do.
[01:15:40.160 --> 01:15:43.400] These are things the law authorizes you to do.
[01:15:43.400 --> 01:15:51.360] If they do anything against you for doing this, then you get to raise the bar on them,
[01:15:51.360 --> 01:15:57.440] then it becomes retaliation and denial of due process.
[01:15:57.440 --> 01:16:01.320] Now you can take them to the feds.
[01:16:01.320 --> 01:16:06.320] We have a rule on here, never ask a public official to do anything you actually want
[01:16:06.320 --> 01:16:11.400] them to do, because you never ask them to do anything the law does not compel them to
[01:16:11.400 --> 01:16:14.800] do, and then when they don't do it, you get to hammer them.
[01:16:14.800 --> 01:16:21.360] To use it by the time that somebody on this network says, on this show, it's a hoot to
[01:16:21.360 --> 01:16:28.080] watch them back up when you do that.
[01:16:28.080 --> 01:16:38.760] It's a hoot after you get that threat of going to jail away from over your head.
[01:16:38.760 --> 01:16:43.800] When they were coming after me, the last time was a hoot, I wasn't worried about it, but
[01:16:43.800 --> 01:16:50.920] the first time, it wasn't a hoot at all, it was the hardest thing I ever did.
[01:16:50.920 --> 01:17:00.560] Going on, going to your sponsors, we'll be right back.
[01:17:00.560 --> 01:17:05.160] Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.160 --> 01:17:11.400] Scripture Talk with Nana will begin Wednesday, January 8th, from 8 to 10 p.m. Central Time.
[01:17:11.400 --> 01:17:14.480] Our goal is in accord with Matthew 516.
[01:17:14.480 --> 01:17:19.520] Let your light so shine before men that they may see your good works and glorify your Father
[01:17:19.520 --> 01:17:21.080] which is in heaven.
[01:17:21.080 --> 01:17:26.200] We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:26.200 --> 01:17:31.440] Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[01:17:31.440 --> 01:17:34.560] to provoke unto love and good works.
[01:17:34.560 --> 01:17:38.960] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[01:17:38.960 --> 01:17:40.720] one chapter per week.
[01:17:40.720 --> 01:17:45.800] Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:45.800 --> 01:17:48.000] Christian character development.
[01:17:48.000 --> 01:17:54.000] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to
[01:17:54.000 --> 01:18:01.640] 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:18:01.640 --> 01:18:10.120] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas
[01:18:10.120 --> 01:18:11.120] Gun Works.
[01:18:11.120 --> 01:18:14.760] Go to LogosRadioNetwork.com and enter to win.
[01:18:14.760 --> 01:18:18.400] Any amount is appreciated, everything helps to keep us on the air.
[01:18:18.400 --> 01:18:24.800] From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR 15.
[01:18:24.800 --> 01:18:27.360] More prizes and sponsors to be announced.
[01:18:27.360 --> 01:18:30.560] Every $25 donation is a chance to win.
[01:18:30.560 --> 01:18:36.120] When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
[01:18:36.120 --> 01:18:39.520] Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[01:18:39.520 --> 01:18:44.440] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
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[01:19:25.840 --> 01:19:36.360] Well, it ain't gonna fool me with that same old trick again.
[01:19:36.360 --> 01:19:45.040] I was blindsided, but now I can see your eyes, you put the fear in my pockets, took the money
[01:19:45.040 --> 01:20:11.440] from my hands, ain't gonna fool me with that same old trick again, ain't gonna fool me.
[01:20:11.440 --> 01:20:18.920] I ain't gonna drive me with that same old sucker punch, I get it now, but then I must
[01:20:18.920 --> 01:20:26.800] have it now too, back then you had room to move, but now you're moving around, ain't
[01:20:26.800 --> 01:20:46.080] gonna get me with that same old sucker punch.
[01:20:46.080 --> 01:20:53.560] Okay, we are back, rule of law radio with Randy Kelton and I'm Brett Fountain and we
[01:20:53.560 --> 01:21:00.240] have our special guest tonight, Don Terry, Randy is having some technical difficulties
[01:21:00.240 --> 01:21:06.600] right now, hopefully he'll be able to get back in on the color bridge, but we are speaking
[01:21:06.600 --> 01:21:17.520] with Andrew in Texas right now and Andrew, how did that, how did Randy's comments hit
[01:21:17.520 --> 01:21:19.800] home with you?
[01:21:19.800 --> 01:21:28.320] Well, one of the things I guess that really spoke to me really loud and clear was one
[01:21:28.320 --> 01:21:34.400] of his last comments was, you've got to be willing to think outside the box.
[01:21:34.400 --> 01:21:45.480] We have been so trained and geared towards allowing ourselves to be, I guess, abused
[01:21:45.480 --> 01:21:58.120] in this way and then for some reason we feel like we're guilty by their, I don't know,
[01:21:58.120 --> 01:22:04.520] there's tactics that are involved, you know, there's a, I don't know, some kind of coercion
[01:22:04.520 --> 01:22:13.120] that's taking place or whatever and they definitely have a controlled mindset of working people
[01:22:13.120 --> 01:22:18.720] for an unjust means, there's no doubt about it.
[01:22:18.720 --> 01:22:25.720] And trying to see through all the fluff that they're throwing out is that screams volumes
[01:22:25.720 --> 01:22:33.400] have been justice to me and I don't know, I learned to stand up for myself or whatever
[01:22:33.400 --> 01:22:40.160] when no one else will, I guess I've appreciated those that have come along beside me to let
[01:22:40.160 --> 01:22:46.720] me know that, you know, there's some foundational contractual things that our Constitution gave
[01:22:46.720 --> 01:22:50.800] us the right to do and we just have lost that right.
[01:22:50.800 --> 01:22:54.200] We've not known how to stand up for ourselves.
[01:22:54.200 --> 01:22:59.320] I think it's headed toward socialism and tyranny and what have you if we don't start.
[01:22:59.320 --> 01:23:04.440] I guess being educated and learn how to, you know, take these measures, take the fight
[01:23:04.440 --> 01:23:08.480] back to them or whatever, I don't, lots of prayer.
[01:23:08.480 --> 01:23:17.480] Yeah, I've definitely been impressed seeing how you are willing to do that.
[01:23:17.480 --> 01:23:23.480] There's been so many people who, you want to help them out of their situation but then
[01:23:23.480 --> 01:23:28.520] they just kind of get too scared and they wimp out and they don't want to even do the
[01:23:28.520 --> 01:23:35.680] first thing but you've, they keep coming to beat you up some more and you've been sticking
[01:23:35.680 --> 01:23:41.800] it out and every time your resolve waffles a little bit like you said, well, you seem
[01:23:41.800 --> 01:23:48.600] to reach down and find it again and that's impressive, that's rare, it's wonderful because
[01:23:48.600 --> 01:23:59.360] that's the only way that we're going to have some change that they feel.
[01:23:59.360 --> 01:24:00.360] It is scary.
[01:24:00.360 --> 01:24:06.800] I'm facing that too, they accuse me of felonies but I've been doing this a long time too.
[01:24:06.800 --> 01:24:11.400] Not as much as Randy but it is scary but that's how you fight back.
[01:24:11.400 --> 01:24:16.200] Bar complaints is a way to start criminal complaints.
[01:24:16.200 --> 01:24:24.040] Even if they're not written correctly or you leave stuff out, it helps to file them and
[01:24:24.040 --> 01:24:29.000] what we were talking about when I first started, we learned something from the bar complaint
[01:24:29.000 --> 01:24:33.520] and I filed against the prosecutor because he admitted stuff that I didn't know before,
[01:24:33.520 --> 01:24:34.520] we got new information.
[01:24:34.520 --> 01:24:35.520] That's great.
[01:24:35.520 --> 01:24:45.880] I'm sure he didn't expect that, right?
[01:24:45.880 --> 01:24:49.600] Yeah, they don't expect you to go back at him.
[01:24:49.600 --> 01:24:53.080] In fact, Randy read it and said, you know, this guy's really mad at me, he's ticked
[01:24:53.080 --> 01:25:01.520] off that I questioned his authority but he doesn't know how to respond to it and so he
[01:25:01.520 --> 01:25:06.400] makes mistakes and you can catch them on the mistakes.
[01:25:06.400 --> 01:25:15.600] Well, Andrew, is there anything else on your mind about this?
[01:25:15.600 --> 01:25:19.040] You feel like you're ready for what's coming up on Monday?
[01:25:19.040 --> 01:25:23.240] They said they want to call you in on Monday to have a pre-trial.
[01:25:23.240 --> 01:25:27.640] Do you have any thoughts or questions about?
[01:25:27.640 --> 01:25:38.480] I think I'm encouraged to continue not listening to his, him try to get his way to not have
[01:25:38.480 --> 01:25:45.360] the prosecution to file interrogatories or adjudicate anything else and so I think, and
[01:25:45.360 --> 01:25:53.040] I never have told him that I'd barger even but I think that this is going to be another
[01:25:53.040 --> 01:25:58.600] stance where I'm going to need to stand and let him know where I stand and start getting
[01:25:58.600 --> 01:25:59.600] him to perform.
[01:25:59.600 --> 01:26:03.840] I guess, I mean, that's all I know, I don't know what to do under the circumstance and
[01:26:03.840 --> 01:26:10.520] the time that we're limited in, how much I get done, that seems to be a direction.
[01:26:10.520 --> 01:26:20.560] I mean, here you've got a lawyer and he keeps swaying you to go along with just the truth
[01:26:20.560 --> 01:26:25.600] that he says that you're going to need him and you're just going to have to trust me.
[01:26:25.600 --> 01:26:32.640] Well, that right there is a red flag right there just to trust me and whenever I'm trying
[01:26:32.640 --> 01:26:39.640] to follow some basic rules that can be applied and try to get him to do work for me, then
[01:26:39.640 --> 01:26:43.720] he is able to turn this all around to where I trust him.
[01:26:43.720 --> 01:26:47.800] You're just going to have to trust me on this thing to plea out.
[01:26:47.800 --> 01:26:53.480] I can see that that's kind of the focus where he's trying to take it and so, yeah, I don't
[01:26:53.480 --> 01:26:54.480] know.
[01:26:54.480 --> 01:26:56.480] I guess it's going to be interesting.
[01:26:56.480 --> 01:26:57.480] Yeah.
[01:26:57.480 --> 01:27:03.280] If he's as popular as he said he is, a bar grievance or two or three or four will really
[01:27:03.280 --> 01:27:04.280] bother him.
[01:27:04.280 --> 01:27:05.280] It'll hurt him.
[01:27:05.280 --> 01:27:11.720] Well, see, here's the thing, he already knows that I bargayed my first lawyer so he doesn't
[01:27:11.720 --> 01:27:19.760] seem threatened at all by the fact that he's been called in to represent me so I was just
[01:27:19.760 --> 01:27:26.800] kind of wondered if he wasn't kind of shielded from any of me threatening the bargay to him
[01:27:26.800 --> 01:27:31.920] because he was, you know, it's not a contractual obligation on his part.
[01:27:31.920 --> 01:27:36.600] But me, we never signed any contract with one another.
[01:27:36.600 --> 01:27:43.280] He's been brought in by the judge to do this and so I just kind of wondered if that made
[01:27:43.280 --> 01:27:50.960] him feel like he was shielded from any kind of threat of a bargay that's to, he's probably
[01:27:50.960 --> 01:27:51.960] not shielded.
[01:27:51.960 --> 01:27:57.320] He's just, he's been appointed so he has to take it and all he has is bluffing.
[01:27:57.320 --> 01:28:02.320] If he can bluff you into not filing another bar grievance, then that's fine.
[01:28:02.320 --> 01:28:07.800] But if you file a bar grievance against him because he didn't do something wrong, you
[01:28:07.800 --> 01:28:13.800] know, they're just going to throw it in the trash but it will affect them.
[01:28:13.800 --> 01:28:20.920] And so, yeah, he's just trying to, my opinion is, it seems to me he's just trying to bluff
[01:28:20.920 --> 01:28:21.920] his way through.
[01:28:21.920 --> 01:28:29.160] That's what I feel right now and there's somehow or another because of my lack of result.
[01:28:29.160 --> 01:28:35.360] There's a part of me that wants to trust in this and listen and then go along with to
[01:28:35.360 --> 01:28:38.360] keep from, you know, standing so much.
[01:28:38.360 --> 01:28:47.360] I don't know if it's trying to wear me down or what but I know things are getting, I don't
[01:28:47.360 --> 01:28:54.040] know, it's standing on the law is what needs to happen, period.
[01:28:54.040 --> 01:29:01.120] And if they're making me be threatened whether I've broke this law and threatened my life
[01:29:01.120 --> 01:29:09.160] or my livelihood and my family with special needs in my family, then I should not be concerned
[01:29:09.160 --> 01:29:20.560] or worried about them, I should be concerned and worried about them breaking the law.
[01:29:20.560 --> 01:29:27.560] Because when you start trying to work the system within the judicial system, it's going
[01:29:27.560 --> 01:29:29.160] to lead nothing but tyranny.
[01:29:29.160 --> 01:29:36.240] I mean, they're coercing people and it's another agenda, another purpose, they're just trying
[01:29:36.240 --> 01:29:41.880] to feed the money laundering system within this kind of enterprise, they turned it into
[01:29:41.880 --> 01:29:46.320] a money-making enterprise, what they've done in justice is falling dead in the street and
[01:29:46.320 --> 01:29:47.320] the truth is outlawed.
[01:29:47.320 --> 01:29:52.680] And so if the truth is the law, then it needs to be appealed if y'all are going to be legal
[01:29:52.680 --> 01:29:55.400] defenders of it.
[01:29:55.400 --> 01:30:02.720] We're coming up on a break so we'll have to carry this over the next break.
[01:30:02.720 --> 01:30:14.520] But now researchers say we can add stress to the list, and Dr. Kauffernal Brecht, back
[01:30:14.520 --> 01:30:17.040] with details in a moment.
[01:30:17.040 --> 01:30:18.760] Privacy is under attack.
[01:30:18.760 --> 01:30:22.360] When you give up data about yourself, you'll never get it back again.
[01:30:22.360 --> 01:30:27.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.360 --> 01:30:32.680] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.680 --> 01:30:35.120] Privacy, it's worth hanging on to.
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[01:31:21.480 --> 01:31:31.360] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.360 --> 01:31:36.760] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:31:53.040 --> 01:31:57.760] I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
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[01:33:00.440 --> 01:33:05.440] You are listening to the Logos Radio Network.
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[01:33:37.440 --> 01:33:49.280] Okay, we are back to the rule of law radio.
[01:33:49.280 --> 01:33:56.120] Randy Kelton, I'm Brett Fountain and we have our special guest, Don Terry, this evening.
[01:33:56.120 --> 01:34:02.160] And we've been talking with Andrew in Texas and now we're going to go to our next guest
[01:34:02.160 --> 01:34:06.080] is Tina in California.
[01:34:06.080 --> 01:34:07.080] Hello Tina.
[01:34:07.080 --> 01:34:12.520] What do you have for us today?
[01:34:12.520 --> 01:34:13.720] Hello Tina.
[01:34:13.720 --> 01:34:19.600] You've been giving some really good and interesting information tonight.
[01:34:19.600 --> 01:34:23.200] Can you hear me?
[01:34:23.200 --> 01:34:24.200] Yes.
[01:34:24.200 --> 01:34:25.200] Okay, good.
[01:34:25.200 --> 01:34:27.600] I'm glad you're finding it interesting.
[01:34:27.600 --> 01:34:30.280] It's very interesting.
[01:34:30.280 --> 01:34:37.520] Especially it was one thing you said earlier in the show about taking a position and attorney
[01:34:37.520 --> 01:34:45.880] taking a position or a prosecutor but not allowed to take another opposite position later.
[01:34:45.880 --> 01:34:54.080] Which is exactly what I have an attorney doing to me when he promised to send me my original
[01:34:54.080 --> 01:35:02.200] note twice in writing and now is reneged on it and I took it to the declaratory judgment
[01:35:02.200 --> 01:35:11.160] and the judge just yesterday, you know, ruled against me and said I don't have standing
[01:35:11.160 --> 01:35:15.120] to ask this question.
[01:35:15.120 --> 01:35:17.120] Yep.
[01:35:17.120 --> 01:35:25.280] And I, because I'm not the beneficiary or the trustee, even though the statute says
[01:35:25.280 --> 01:35:32.240] the mortgage or can request, there's another, she's going on the second part of the statute
[01:35:32.240 --> 01:35:35.040] that says something about reconveyance.
[01:35:35.040 --> 01:35:40.320] It doesn't say if you're in foreclosure, it just says about the trustee.
[01:35:40.320 --> 01:35:47.560] And she said, you know, she also went on Residue Decada and, well, this is barred by Residue
[01:35:47.560 --> 01:35:52.040] Decada because it's the same party and you should have been in it and bought this before.
[01:35:52.040 --> 01:35:58.080] Well, I couldn't because he promised to send it to me.
[01:35:58.080 --> 01:36:09.560] I'm she upheld their demure on the grounds of Residue Decada and lack of standing.
[01:36:09.560 --> 01:36:18.000] One that we put case law in that says Residue Decada does not apply if there are new facts
[01:36:18.000 --> 01:36:25.040] or as in the Supreme Court said 50 years ago, if there are new facts or that, you know,
[01:36:25.040 --> 01:36:31.440] that the situation has worsened, which it has.
[01:36:31.440 --> 01:36:38.120] And I, you know, put everything in there that I thought I could put in.
[01:36:38.120 --> 01:36:46.760] But even stating that under the California Civil Code Procedure 623, you know, when something
[01:36:46.760 --> 01:36:55.000] has been put in writing, they're not allowed to, you know, go against that in any litigation
[01:36:55.000 --> 01:36:56.640] from them.
[01:36:56.640 --> 01:37:03.640] So what I'm not understanding now is what am I missing here or are they just choosing
[01:37:03.640 --> 01:37:08.080] which part of the law they want to apply?
[01:37:08.080 --> 01:37:15.040] Now I will say the judge was extremely professional.
[01:37:15.040 --> 01:37:19.760] She treated me with the utmost respect and courtesy.
[01:37:19.760 --> 01:37:24.560] She did not come down like she's got and I'm nothing.
[01:37:24.560 --> 01:37:26.920] She was really good.
[01:37:26.920 --> 01:37:33.120] But I'm not sure what I'm missing here and why they keep saying, I mean, all they found
[01:37:33.120 --> 01:37:34.120] is Residue Decada.
[01:37:34.120 --> 01:37:38.960] In fact, he even said, well, you know, Your Honor, she's been stewing us since 2011.
[01:37:38.960 --> 01:37:45.880] I said, well, he's been lying to me in the court since the same time.
[01:37:45.880 --> 01:37:48.880] Right now I probably don't care what I say.
[01:37:48.880 --> 01:37:56.600] I even brought up the fact that I said, Your Honor, we should not even be here because
[01:37:56.600 --> 01:38:03.520] my full tender of the amount they put on the notice of trustee sale, there was a full
[01:38:03.520 --> 01:38:07.880] tender of offer in 2013 on December 17.
[01:38:07.880 --> 01:38:14.000] I said that extinguishes the loan because it was, you know, refused without just cause.
[01:38:14.000 --> 01:38:18.520] I read the tender law out in court.
[01:38:18.520 --> 01:38:24.480] They ignored it, the court, all the previous books, they're ignoring the fact that I tendered
[01:38:24.480 --> 01:38:32.160] and that under the law, you know, extinguishes anything as to the amount of the tender.
[01:38:32.160 --> 01:38:38.400] And if the other side doesn't bring up any faults with that tender so that we can't
[01:38:38.400 --> 01:38:46.640] be surprised later, so that it gives us the offer or a chance to remedy what is wrong.
[01:38:46.640 --> 01:38:50.200] And that's in the tender law.
[01:38:50.200 --> 01:38:52.560] And she said, well, you know, I understand you're upset.
[01:38:52.560 --> 01:39:00.000] And I said, right, oh, they stole my home using, you know, falsities and false law.
[01:39:00.000 --> 01:39:07.560] I even printed out, I said, it's absolutely disputable that the trustee is the person
[01:39:07.560 --> 01:39:08.560] they substituted.
[01:39:08.560 --> 01:39:15.920] I said, first I have to care with me the notice of substitution of trustee, which is, Robos
[01:39:15.920 --> 01:39:21.400] is falsely signed by a notary, it's not her signature.
[01:39:21.400 --> 01:39:28.120] I have been denied access to the notary records by this attorney, which is a violation of
[01:39:28.120 --> 01:39:31.680] the law because they are required to send it to me.
[01:39:31.680 --> 01:39:34.560] I said, I can show you this right now.
[01:39:34.560 --> 01:39:42.880] And I said, you know, when something is, you know, a document is forged or false, it
[01:39:42.880 --> 01:39:43.880] can convey nothing.
[01:39:43.880 --> 01:39:50.960] So it can't convey the substitution of trustee if it was not what he does.
[01:39:50.960 --> 01:39:56.120] And then I read out, I said, I'd like to read something, your honor, because this goes directly
[01:39:56.120 --> 01:40:06.120] to the substituted trustee of Barrett Daphne Frappier out of Texas, but we'll say BDFT
[01:40:06.120 --> 01:40:08.120] for sure.
[01:40:08.120 --> 01:40:18.600] In 2007, a deposition, you know, the Texas Supreme Court, the attorney Michael Barrett
[01:40:18.600 --> 01:40:23.960] of BDFTB testified as to the validity of mortgage documents.
[01:40:23.960 --> 01:40:30.480] And on page, I read on page 27, line 622 of the deposition, the attorney Barrett testified
[01:40:30.480 --> 01:40:33.600] that there isn't really such a document.
[01:40:33.600 --> 01:40:41.360] And there's some more wording in here, it says, if they got the purchases, the services
[01:40:41.360 --> 01:40:50.320] through purchase of MSR, mortgage servicing, I forgot what the R stands for, most of the
[01:40:50.320 --> 01:40:55.400] time, or they did it themselves, they created their own loan.
[01:40:55.400 --> 01:41:00.320] So finding a document that says I am the owner and holder, and I hear by grant to the service
[01:41:00.320 --> 01:41:05.840] of the right to foreclose in my name, is an impossibility in 90% of the cases.
[01:41:05.840 --> 01:41:13.040] Now remember, BDFTB is a law firm that handles foreclosures for multiple banks.
[01:41:13.040 --> 01:41:22.880] Later down in that same page, in front of Hon. Mark Davidson and Bruce Pretty, Mr. Baggett
[01:41:22.880 --> 01:41:29.440] says to them, and what happens is they just execute a document like Mr. Barrett says
[01:41:29.440 --> 01:41:31.160] doesn't exist.
[01:41:31.160 --> 01:41:35.880] They just create one for the most part sometimes, and the service that finds it themselves is
[01:41:35.880 --> 01:41:41.560] saying that it's been transferred to whatever entity they name as the applicant.
[01:41:41.560 --> 01:41:48.320] And I said to her, Mr. Barrett here has a patent for producing any foreclosure document
[01:41:48.320 --> 01:41:49.840] that is needed in a foreclosure.
[01:41:49.840 --> 01:41:55.400] I said, so that really goes to the validity of the substitution of trustees.
[01:41:55.400 --> 01:42:04.200] So yes, I do have spending as the mortgage or, and she disagreed.
[01:42:04.200 --> 01:42:10.920] So I said, well, I guess I have a fraud case, a commissary fraud case against this attorney
[01:42:10.920 --> 01:42:15.040] for continually lying to the court and for promising me something he had no intention
[01:42:15.040 --> 01:42:16.040] of doing.
[01:42:16.040 --> 01:42:23.560] He's not above the law, and he was, he was seething.
[01:42:23.560 --> 01:42:28.240] What occurs to me, Don, you might have some other input on this, but what occurs to me
[01:42:28.240 --> 01:42:34.560] is that you're probably not going to get as much traction as you would hope by trying
[01:42:34.560 --> 01:42:40.040] to get the lawyer to stick to his promise because that's not something that he's, there's
[01:42:40.040 --> 01:42:44.320] no law requiring him to do that.
[01:42:44.320 --> 01:42:50.520] Whereas if you go after the judge with this res judicata thing, you put the law in, in
[01:42:50.520 --> 01:42:55.720] front of a court and they cherry picked and pulled the little pieces that they wanted
[01:42:55.720 --> 01:42:56.720] to.
[01:42:56.720 --> 01:43:01.120] It's just like you said, I see it the same way that they are choosing which parts they
[01:43:01.120 --> 01:43:09.800] want to pay attention to and ignore the rest, even to, to the point that they change the
[01:43:09.800 --> 01:43:14.440] meaning of it by the way they cherry pick.
[01:43:14.440 --> 01:43:20.440] And that looks to me like what Randy has described as a clear abuse of judicial discretion.
[01:43:20.440 --> 01:43:28.200] They don't have discretion to do anything other than take the, the law and apply it
[01:43:28.200 --> 01:43:30.840] to the facts.
[01:43:30.840 --> 01:43:31.840] Anything else?
[01:43:31.840 --> 01:43:38.280] You know, with the, we got Walker v. Packer, we've got Joaquin v. Chambers and they can't
[01:43:38.280 --> 01:43:42.520] just make it up as they go and cherry pick this and that.
[01:43:42.520 --> 01:43:48.280] They have to take what's brought before them and properly apply the law to the facts.
[01:43:48.280 --> 01:43:50.920] Well, you're coming up on a break.
[01:43:50.920 --> 01:43:54.160] I ask you after the break, did you, have you bar grieved?
[01:43:54.160 --> 01:44:00.200] You can file a bar grievance against the attorney, but we're coming up on a break.
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[01:44:59.080 --> 01:45:00.080] next.
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[01:46:22.560 --> 01:46:33.920] Okay, this is the rule of law radio.
[01:46:33.920 --> 01:46:34.920] Randy Kelton.
[01:46:34.920 --> 01:46:41.000] I'm Brett Fountain and we're here with our special guest, Don Terry and we're talking
[01:46:41.000 --> 01:46:43.640] with Tina in California.
[01:46:43.640 --> 01:46:48.240] Tina, you were sharing about the situation there and Don was just going to ask you about
[01:46:48.240 --> 01:46:49.240] bar-grieving.
[01:46:49.240 --> 01:46:55.160] Yeah, that's a perfect thing to bar-grieve the attorney for under the rules of official
[01:46:55.160 --> 01:47:01.880] conduct here in Alabama, it's probably the same everywhere, it's rule 3.3 and it's
[01:47:01.880 --> 01:47:07.960] called the candor toward the tribunal and you don't say the attorney lied, you say he
[01:47:07.960 --> 01:47:11.760] lacked candor toward the tribunal, you can bar-grieve him for that.
[01:47:11.760 --> 01:47:19.120] You can do one, send one a week, send two or three or four and that can change things
[01:47:19.120 --> 01:47:20.120] quite a bit.
[01:47:20.120 --> 01:47:21.120] Yeah.
[01:47:21.120 --> 01:47:29.120] Unfortunately, we're in California and the state bar protects the attorney, I have bar-grieve
[01:47:29.120 --> 01:47:30.120] three times.
[01:47:30.120 --> 01:47:31.120] Oh, it doesn't matter.
[01:47:31.120 --> 01:47:32.120] It doesn't matter.
[01:47:32.120 --> 01:47:33.120] I hate to cut you off.
[01:47:33.120 --> 01:47:38.240] They're going to throw it in the trash but they will log it and their liability insurance
[01:47:38.240 --> 01:47:43.800] carrier will be notified and if they get, according to Randy, if they get too many bar-gravances
[01:47:43.800 --> 01:47:49.520] in a short period of time, their rates will be jacked up or they will cancel their liability
[01:47:49.520 --> 01:47:54.680] insurance so it does affect them.
[01:47:54.680 --> 01:48:06.840] It does affect them greatly but they will throw it in the trash but it will affect them, absolutely.
[01:48:06.840 --> 01:48:13.200] One of the things I found with our state bar, Randy has suggested when I, the last bar complaint
[01:48:13.200 --> 01:48:20.680] I filed that I request under the Open Records Act and the Freedom of Information Act, request
[01:48:20.680 --> 01:48:25.880] the copy of the attorney's written response to my complaint.
[01:48:25.880 --> 01:48:28.920] Well, I can't have that in California.
[01:48:28.920 --> 01:48:34.600] It's secret, according to the state bar and nobody is allowed to see their response.
[01:48:34.600 --> 01:48:39.000] Well, basically they can respond and I know how he's going to respond.
[01:48:39.000 --> 01:48:41.320] He's going to say, she's just a vexatious litigant.
[01:48:41.320 --> 01:48:45.920] She's just upset that she lost her house and she's upset because she keeps suing us
[01:48:45.920 --> 01:48:52.120] and she's just lying but I can't see what he writes so he can say anything he wants
[01:48:52.120 --> 01:48:58.040] and I'm not entitled to see it or file any response to it.
[01:48:58.040 --> 01:48:59.040] So I'm wondering.
[01:48:59.040 --> 01:49:00.040] Yeah.
[01:49:00.040 --> 01:49:06.920] It doesn't really matter, just keeps sending them in and when they get to a certain number
[01:49:06.920 --> 01:49:14.720] their liability insurance carrier will be notified and it can affect them greatly.
[01:49:14.720 --> 01:49:19.080] So you don't have to see, it almost doesn't even matter what he says.
[01:49:19.080 --> 01:49:26.160] In my case they sent me the replies of what the attorneys have replied and I can bargery
[01:49:26.160 --> 01:49:30.440] them for that for what they replied but it doesn't matter if they don't, you just keep
[01:49:30.440 --> 01:49:31.440] sending them in.
[01:49:31.440 --> 01:49:38.200] Well, I would like to know what he's responded so I can bargreed them for that response for
[01:49:38.200 --> 01:49:45.400] lack of kinder toward the state bar but is there any way that anyone can think of of
[01:49:45.400 --> 01:49:53.080] who might be able to request how many complaints and copies or where I can go to force them
[01:49:53.080 --> 01:50:00.320] to let me see the response because every state I've helped people in, the attorney has to
[01:50:00.320 --> 01:50:06.440] send a copy of their response to the complainant, just not California.
[01:50:06.440 --> 01:50:08.440] Yeah.
[01:50:08.440 --> 01:50:13.520] What if you were to just ask the attorney how many bar grievances have you had, you seem
[01:50:13.520 --> 01:50:18.400] to be a really poor lawyer and I want to know how many you've had and he won't tell you
[01:50:18.400 --> 01:50:24.480] so you bargreed him for that and you ask him for his response that he sent in to your previous
[01:50:24.480 --> 01:50:28.600] bar grievance and he's not going to give it to you so you bargreed him for that.
[01:50:28.600 --> 01:50:30.120] Oh, that's it.
[01:50:30.120 --> 01:50:31.120] I like that idea.
[01:50:31.120 --> 01:50:35.280] Ask the attorney for a copy of his response.
[01:50:35.280 --> 01:50:37.400] Okay.
[01:50:37.400 --> 01:50:38.400] I will do that.
[01:50:38.400 --> 01:50:40.560] That's a great idea.
[01:50:40.560 --> 01:50:46.800] I am going to appeal this if I can, I think you can appeal a ruling on a declaratory judgment.
[01:50:46.800 --> 01:50:55.720] I'm going to appeal it if Brett or anyone could read that statute and maybe help me
[01:50:55.720 --> 01:51:00.720] figure out what I'm missing here, if I'm misinterpreting something or if the courts
[01:51:00.720 --> 01:51:06.000] are just choosing this part of the statute and not relating to the foreign part that
[01:51:06.000 --> 01:51:12.400] I see where it says the mortgageor can request once the loan has been fully satisfied, which
[01:51:12.400 --> 01:51:13.400] my loan was.
[01:51:13.400 --> 01:51:19.320] It was satisfied at the foreclosure sale in full, actually they took more than they should
[01:51:19.320 --> 01:51:26.360] have and it was satisfied three years earlier by my full tender of offer which was unjustly
[01:51:26.360 --> 01:51:27.360] refused.
[01:51:27.360 --> 01:51:33.960] So, he lied in his latest response and said, I admitted that I did not satisfy the mortgage.
[01:51:33.960 --> 01:51:38.920] No, I did not admit anything of the sort so I'm going to put that in a bar grievance.
[01:51:38.920 --> 01:51:39.920] But I have to.
[01:51:39.920 --> 01:51:40.920] Definitely.
[01:51:40.920 --> 01:51:47.520] The grievance is about four weeks apart because if I don't, they just combine them and then
[01:51:47.520 --> 01:51:48.520] dismiss them.
[01:51:48.520 --> 01:51:49.520] Even though this is a system.
[01:51:49.520 --> 01:51:55.200] Yeah, they'll dismiss them all but they have to log them and they will be logged against
[01:51:55.200 --> 01:51:56.200] them.
[01:51:56.200 --> 01:51:57.200] Well, that's good.
[01:51:57.200 --> 01:52:04.400] So, if somebody, you know, Brett or anyone, you know, has much more experience than I have
[01:52:04.400 --> 01:52:11.320] could read that statute and tell me if I'm reading something wrong.
[01:52:11.320 --> 01:52:18.080] I do plan, because this judge is the first judge I've ever come across that was courteous
[01:52:18.080 --> 01:52:23.440] or light and she even gave me a copy of the tentative because I wasn't feeling well the
[01:52:23.440 --> 01:52:27.920] night before and I completely forgot to look to see if she'd put one up.
[01:52:27.920 --> 01:52:32.560] And she said, well, I'll tell you what, here's a copy, let's go to the next case and we'll
[01:52:32.560 --> 01:52:33.560] come back to you.
[01:52:33.560 --> 01:52:36.120] I'd like to give you a chance to read it.
[01:52:36.120 --> 01:52:41.360] I thought that, and prior to that, in another case, the judge says you can't have it because
[01:52:41.360 --> 01:52:44.720] you're a turning, didn't turn up except by phone.
[01:52:44.720 --> 01:52:50.320] And even though you're in the courtroom, you can't have it.
[01:52:50.320 --> 01:52:58.240] And so, every judge has been obnoxious, rude, cantankerous, violated, every judicial came
[01:52:58.240 --> 01:53:03.840] in the vestige, made complaints, but the Judicial Commission didn't do anything.
[01:53:03.840 --> 01:53:09.480] So I plan to write a letter to the Judicial Commission and say, while I wholly disagree
[01:53:09.480 --> 01:53:16.760] with the judge's ruling, and I will be appealing it, I must commend her for stance and her
[01:53:16.760 --> 01:53:21.920] following the judicial rules of conduct, if all judges were like this with gross days,
[01:53:21.920 --> 01:53:22.920] we'd be better off.
[01:53:22.920 --> 01:53:28.280] Just to give a noise, because I can't send it to her, that way I'm thinking when I do
[01:53:28.280 --> 01:53:32.560] the next complaint against the judge, and I go really go after them, they're going to
[01:53:32.560 --> 01:53:38.960] say, oh, well, it's not because she lost, because she lost here and she complimented
[01:53:38.960 --> 01:53:45.600] the judge, because she absolutely followed, she, and not just with the judge, but with
[01:53:45.600 --> 01:53:46.600] the judge.
[01:53:46.600 --> 01:53:47.600] Yeah, I think you're right.
[01:53:47.600 --> 01:53:48.600] I think that would go a long way.
[01:53:48.600 --> 01:53:54.000] If you know your good faith, that will make them realize that you're making a distinction
[01:53:54.000 --> 01:54:00.640] between what's lawful and what's just general professionalism, I think that's good.
[01:54:00.640 --> 01:54:03.160] Yeah, and she did.
[01:54:03.160 --> 01:54:06.920] And yeah, I would be willing to take a look at that for you if you want to send something
[01:54:06.920 --> 01:54:12.240] to me there, but you can, I'll try to help look at it with you, and Randy probably can
[01:54:12.240 --> 01:54:16.720] do that better than I can, but I'd be happy to look at it.
[01:54:16.720 --> 01:54:20.320] Well, do you have an email that I can write to?
[01:54:20.320 --> 01:54:23.880] Yeah, I'll reach out to you separately there.
[01:54:23.880 --> 01:54:28.720] You reach out to me and I'll send you that, because I'd really like to understand what
[01:54:28.720 --> 01:54:32.720] I'm not understanding, but I will give you guys a compliment.
[01:54:32.720 --> 01:54:38.000] You have been teaching me well, because this judge, because I actually said, I said, well,
[01:54:38.000 --> 01:54:43.680] it seems in California that justice really in this country depends on where you live
[01:54:43.680 --> 01:54:51.520] and how much money you have, and she said, well, I must say, I don't care anymore.
[01:54:51.520 --> 01:54:53.200] What if I got to lose?
[01:54:53.200 --> 01:54:55.520] I'm just telling the truth.
[01:54:55.520 --> 01:55:01.440] She said, well, in my court, you know, I can only go on the law and watch before me,
[01:55:01.440 --> 01:55:07.840] and she said, but I will say that you have argued, I don't think you are at a disadvantage
[01:55:07.840 --> 01:55:12.560] for being pro-stay, you have argued better than most lawyers that come before me.
[01:55:12.560 --> 01:55:13.760] Very nice.
[01:55:13.760 --> 01:55:16.880] Yes, because of your teaching.
[01:55:16.880 --> 01:55:17.880] Yes.
[01:55:17.880 --> 01:55:21.880] Well, that was certainly a compliment.
[01:55:21.880 --> 01:55:29.520] It was, and it's all because of this show teaching, because I listened to what you guys
[01:55:29.520 --> 01:55:34.640] have done and how you've approached things, and it gives me a little more confidence to
[01:55:34.640 --> 01:55:36.560] say, hey, what have I got to lose?
[01:55:36.560 --> 01:55:43.680] You know, I've lost everything anyway, they took everything from me, and I have every
[01:55:43.680 --> 01:55:50.960] right to fight for what is right, and sometimes I lose faith, and sometimes I get this fond
[01:55:50.960 --> 01:55:58.440] and think, and I just can't keep going, there's so many lawsuits to fight, and so many grievances
[01:55:58.440 --> 01:56:00.440] to file.
[01:56:00.440 --> 01:56:08.440] I'm also thinking I'm going to write again to the notaries, which the attorney refused
[01:56:08.440 --> 01:56:13.200] to allow them to send me their notary ledgers, which is a violation of the law.
[01:56:13.200 --> 01:56:20.920] By Texas law and California law, and the notaries are in Texas, they have to send me their ledgers
[01:56:20.920 --> 01:56:26.160] relating to my property within 30 days of request.
[01:56:26.160 --> 01:56:30.120] They refused because the attorney told them they're not going to send it.
[01:56:30.120 --> 01:56:36.600] So they're both now not walking for the bank, I've just discovered the second one left.
[01:56:36.600 --> 01:56:44.000] I'm going to request again, and when they don't do it, if they go to him and he says,
[01:56:44.000 --> 01:56:49.080] you're just harassing CIT, we're not going to send you these ledgers, then I'm going
[01:56:49.080 --> 01:56:51.080] after him again for that.
[01:56:51.080 --> 01:56:54.000] Well, you can bar grieve all of those.
[01:56:54.000 --> 01:56:55.000] The notaries.
[01:56:55.000 --> 01:57:01.120] Well, I'm thinking of taking the notaries, if they refused to give me their ledgers,
[01:57:01.120 --> 01:57:08.240] or if they haven't, as required by law, submitted it to the local recorders office where they
[01:57:08.240 --> 01:57:12.720] live, that's what they're required to do if they give up their commission.
[01:57:12.720 --> 01:57:17.920] And one of them has, and she's now living in Tennessee, but she's never given it up
[01:57:17.920 --> 01:57:21.760] until last year, it had not been turned into the recorders office.
[01:57:21.760 --> 01:57:26.400] And my thought is that I can then take them to Small Flames Court here in California for
[01:57:26.400 --> 01:57:31.080] the full amount that I'm allowed to, which is $10,000, and which is the amount of their
[01:57:31.080 --> 01:57:36.320] bond, you know, if they still have it, because they're violating it.
[01:57:36.320 --> 01:57:39.320] That sounds like a worthwhile attempt.
[01:57:39.320 --> 01:57:46.920] Well, what have I got to lose there, just the cost of mailing something and seeing them
[01:57:46.920 --> 01:57:54.960] not respond in 30 days, and then I guess I've just got other ways to go after this?
[01:57:54.960 --> 01:58:00.760] Because my feeling is that this will show that there really was never a proper entry
[01:58:00.760 --> 01:58:04.840] into the ledger for their substitution of proceeds.
[01:58:04.840 --> 01:58:11.720] Well, it certainly seems like they have picked on the wrong lady.
[01:58:11.720 --> 01:58:15.000] I'm sure they're all feeling that by now.
[01:58:15.000 --> 01:58:20.720] Well, Tina, we've come to the end of this show.
[01:58:20.720 --> 01:58:22.320] I'll reach out to you.
[01:58:22.320 --> 01:58:25.640] We can try to look at that statute.
[01:58:25.640 --> 01:58:31.720] Obviously, Randy would know more about that than I will, but I'll be happy to look at
[01:58:31.720 --> 01:58:33.960] it with you.
[01:58:33.960 --> 01:58:36.880] And Steve, Missouri, I see that you've called in.
[01:58:36.880 --> 01:58:39.680] I'm sorry we didn't have a chance to get to you this evening.
[01:58:39.680 --> 01:58:45.440] If you'll call back tomorrow night at eight, we will come right to you.
[01:58:45.440 --> 01:58:48.360] Thank you all and good night.
[01:58:48.360 --> 01:58:50.480] Thank you.
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